Kings, to be assessed upon him by the next court-martial, upon a certificate of the offence to them made, by the captain or chief officer present at such muster, or the information, on oath, of any person whatsoever, and levied, accounted for, and appropriated, in the same manner as the other fines ordered by the courtPines on in- martial. And that all fines and penalties incurred by fants and infants or servants, for breach or neglect of duty in any particular service by this ordinance required of them, shall be paid by the parent, guardian, or master, of such infant or servant; and if the breach or neglect of such servants is not occasioned by their masters influence or direction, then the fires incurred by them, and so paid by their masters, shall be repaid to their masters, by the farther service of such servants after the times they are bound to serve are expired. servants how paid. Collectors of ties on. And be it farther ordained, That if any collector, fines, penal- appointed by a court-martial, shall refuse to collect the fines imposed by such court-martial, after having undertaken the same, he shall forfeit and pay one hundred pounds; and if any collector refuses, or unreasonably delays, to pay all fines by him collected to the receiver who shall be appointed by a court-martial, he shall forfeit and pay double the amount thereof. Oath of mili And be it farther ordained, That the several militia. officers to be appointed, before they enter on the execution of their office, shall take the following oath, to be administered before the committee of the city, borough, or county, to wit: I A. B. do solemnly swear, that I will be faithful and tia officers. true to the colony and dominion, of Virginia; that I will well and truly execute the office of county-lieutennaut of the county of (or the office of as the case may be) according to the best So help me God. of my skill and judgment. I A. B. do swear, that I will do equal right and jus- Court mar tial. And every person accepting a commission in the mili- Penalty for tia, who shall neglect or refuse to qualify himself to neglect. act under the same, by taking the oath before mentioned, at the next meeting of the committee of his county, city, or borough, after receiving his commission, every such person shall forfeit and pay the sum of five pounds. ted. And be it farther ordained, That the fines imposed by Fines, how this ordinance on the chief officer for not enlisting the appropriamen in his county, and on the commanding-officer present in the county for not appointing general musters, shall be to the use of the county, for providing arms, and shall and may be recovered before a court-martial. courts mar And be it farther ordained, That all officers failing Fines for not to attend a court-martial shall be subject to the same attending penalties as the chief officer for not appointing general tial. musters; provided, if no court-martial is held immediately after the next general muster, then by the next succeeding court-martial. Provided always, That nothing in this ordinance Exceptions contained shall extend, or be construed to extend, to as to Wilthe inhabitants of the city of Williamsburg or borough and Norfolk. liamsburg of Norfolk, so as to oblige them to muster or serve in the militia out of the said city or borough; but that such inhabitants shall be enlisted and trained within the limits of the said city and borough, in the same manner as is directed by this ordinance, but under a colonel, a major, and the necessary number of captains and other officers, all of whom shall be nominated by the committees of the said city and borough respectively, and commissioned by the committee of safety. And the said militia officers, as well as soldiers, shall be liable to all the penalties before directed to be inflicted on the officers and soldiers in the counties, either for neglect of duty or misbehaviour, in any respect whatsoever, to be adjudged by the courts of hustings both in the said city and borough, without whose orders and directions neither of the said militias shall at any time be obliged to march out of the said city or borough. And be it farther ordained, That the commanding- Patrollers. officer of the militia of every county, of the city of Williamsburg, and borough of Norfolk, shall appoint so many patrollers, as he may think fit, under proper captains, who shall receive a reasonable allowance for their trouble, at the laying of every county levy. E VOL. IX. Quakers and Menonists exempted. And be it farther ordained, That all quakers, and the people called Menonists, shall be exempted from serving in the militia, agreeable to the several acts of the general assembly of this colony made for their relief and indulgence in this respect. Pay, &c. of And be it farther ordained, That if the officers and militia call- militia should at any time be called out into actual ed into ac- service, they shall be under the same rules and regulatual service. tions, be subject to the same penalties, and shall receive the same pay, as are appointed, prescribed, and allowed, to and for the regulars and their officers. Collectors of fines, how And be it farther ordained, That the court-martial of every county, city, and borough, in this colony, shall appointed. appoint some person, not being a member of such court, to receive all the militia fines inflicted by this ordinance; who, before he enters into the execution of his office, shall give bond, with sufficient security, payable to the members of the said court, sitting at the time the same shall be entered into and taken, and their successours, with condition for the due payment of all monies that shall come to his hands by virtue of his said office, which bond shall not become void on the first recovery, but may be prosecuted and put in suit from time to time, by and at the cost and charges in the law of any party or parties injured, until the whole penalty therein mentioned shall be recovered. And if any receiver Remedy hereafter to be appointed shall fail or delay to account against. with the court-martial, or to apply the money by him received as he shall be directed, after deducting at the rate of five per cent. which he shall be allowed for his trouble by the court-martial, that then, upon motion or complaint made to the county court, or court of hustings of the city of Williamsburg or borough of Norfolk, respectively, by any officer or soldier of the militia against such receiver, such court shall give judgment and award execution against him and securities, his executors, or administrators, for the same, and cause the money to be appropriated to the uses directed by this ordinance, in such manner as the court-martial shall appoint; provided, that such receiver, and his securities, their executors, or administrators, have ten days previous notice of such motion. This ordi And be it farther ordained, That this ordinance shall, Lance, how by command of each colonel, be publickly read at the published. head of his regiment, as soon as the same is embodied and formed, and once in six months thereafter, under the penalty of one hundred pounds, to be paid by such colonel for every neglect; and the same shall also be publickly read at every meeting of a battalion of the minute-men in each district, and at every general muster, by the order of the colonel, county-lieutenant, or chief officer then present, under the penalty of one hundred pounds, to be paid by any such officer for every neglect. When the western frontiers And whereas it is declared by this ordinance, that four hundred and twenty five men, under proper offi- forces on the cers, shall be stationed at the several forts upon the frontiers of this colony, It is hereby ordained, That as may be dis soon as the treaty of peace shall be concluded with the bonded. several tribes of Indians bordering on the western parts of this colony, it shall be in the power of the committee of safety, if the convention is not sitting, to disband the whole, or such part thereof as to them shall seem most expedient and consistent with the good of this colony. CHAP. II. An Ordinance for the better government of the forces to be raised and employed in the service of the colony and dominion of Virginia. BE it ordained, by the representatives of the people in Convention assembled, and by the authority of the same, That the following rules and articles be established, that is to say: Article I. That every officer and soldier who shall Articles of serve in the provincial army, either of regulars or mi-war. nute-men, shall, at the time of accepting his commission, and enlistment, subscribe the following rules and regulations, and thereafter be bound by the same; and moreover, every officer and soldier (except quakers, who are to make a solemn affirmation to the same effect) shall take the following oaths, to be administered by the committee of safety to the field-officers, by the respective county committees to the officers to be by Oath of com mander in chief. Oath of officers and soldiers. them nominated, and by a justice of peace to any soldier, not under two days from the time of his enlistment, or a member of the committee of any county, city, or borough, where he may be enlisted. OATH OF A COMMANDER IN CHIEF. I, A. B. do swear, that I will be faithful and true to the colony and dominion of Virginia; that I will serve the same to the utmost of my power, in defence of the just rights of America, against all enemies whatsoever; that I will, from time to time, obey such orders as I may receive from the general convention, or other authority by them appointed; and that I will disband all the forces under my command, and lay down my arms when required by the general convention, or the General Assembly, of Virginia. So help me God. OATH OF THE OFFICERS. AND SOLDIERS. I, A. B. do swear, that I will be faithful and true to the colony and dominion of Virginia; that I will serve the same to the utmost of my power, in defence of the just rights of America, against all enemies whatsoever; that I will obey the orders of such officers who may be set over me, and lay down my arms peaceably when required so to do, either by the general convention, or the general assembly, of Virginia. So help me God. Article II. It is earnestly recommended to all officers and soldiers diligently to attend divine service; and all officers and soldiers who shall behave indecently and irreverently at any place of divine worship shall, if commissioned officers, be brought before a courtmartial, there to be publickly and severely reprimanded by the president. If non-commissioned officers or soldiers, every person so offending shall, for the first offence, forfeit one day's pay; for the second offence, he shall not only forfeit the like sum, but be confined for any time not exceeding twenty-four hours; and for every other like offence shall forfeit and pay in like manner, to the use of the sick soldiers of the regiment to which the offender belongs. Article III. Whatsoever commissioned or non-commissioned officers, or soldiers, shall use any profane oath or execration, shall incur the penalties expressed in the second article; and if a commissioned officer be |