July 5, Ordinance for amending an Ordinance for raising and imbodying a sufficient force for the defence and protection of this Colony

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An Ordinance far amending an Ordinance for raising and imbodying a sufficient force for the defence and protection of this Colony, and for other purposes therein mentioned.

Whereas, by an Ordinance intituled "An Ordinance for raising and imbodying a sufficient force for the protection and defence of this Colony," all Overseers of four tithables residing on a plantation, and all Millers, are exempted from being inlisted into the Militia of their respective Counties, which said exemption of Overseers and of Millers residing in the Counties of Accomack and Northampton, on the Eastern-Shore, hath been found inconvenient and unnecessary:

Be it therefore ordained by the Delegates and Representatives of the several Counties and Corporations of VIRGINIA, in General Convention assembled, and it is hereby ordained by the authority of the same, That all Overseers, and all Quakers and Menonists, in Virginia, and all Millers residing in the Counties of Accomack and Northampton, shall be inlisted into the Militia by the Commanders-in-Chief of the respective Counties, and be subject to the same rules and regulations, and liable to the same pains, penalties, and forfeitures, as the rest of the Militia; and the said Overseers, Quakers and Menonists, shall be immediately allotted to the several divisions of Militia in their respective Counties, in the manner prescribed by a former Ordinance respecting the division of the Militia in this Colony, except in the Counties of Accomack and Northampton; but the said Quakers and Menonists shall not be obliged to attend general or private musters.

And be it further ordained, That where it shall be necessary to call on duty the Militia of any Colony, upon an invasion or insurrection within the same, or any County adjoining, the commanding officer shall have full power and authority to order into service such part of the Militia of his said County as to him shall seem necessary, and shall also call in the divisions, or any part thereof, according to allotment; and the Militia first called on duty shall be discharged as soon as the divisions called in shall be ready to perform the service required of such division. And where any soldier of the Militia shall fail to appear at musters through sickness, the Captain or other commanding officer of such Company present shall and may hear any evidence offered on behalf of such person failing to attend, and admit the excuse, if to him it shall seem just, and for that purpose is hereby empowered to administer an oath to any witness who shall appear before him to prove such sickness.

And where any Minute Company hath heretofore been completed, and hath been reduced by inlistments into regular service, if the Captain hath

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And whereas, by the said Ordinance, it is further ordered, that there shall be a private muster of the several Companies of each County once a fortnight, which, from experience, is found burdensome: Be it therefore further ordained by the authority aforesaid, That there shall be a private muster of the several Companies in each County or Corporation once in four weeks, and no oftener.

And forasmuch as the Minute Company in the City of Williamsburgh, by the frequent inlistments of the privates into the Regular service, is reduced to so small a number that the same cannot be again completed: Be it therefore ordained by the authority aforesaid, That the remaining Minute-men in the said City shall be discharged, and from that service return to be inlisted with the Militia thereof.

And whereas, by the said recited Ordinance, the Court of Hustings, in the City of Williamsburgh, is to have jurisdiction and to adjudge all penalties to be inflicted under the same on the Militia officers and soldiers in the said city, either for neglect of duty or misbehaviour, and it is represented to this Convention that it is difficult and inconvenient to hold such Courts: For remedy whereof, Be it therefore ordained, That Courts-Martial for punishing delinquents of the Militia in the said city shall be held by the Field-Officers and Captains therein, and not by the Court of Hustings.

And forasmuch as the mode of drafting the Militia, and arranging them into divisions, as the said recited Ordinance requires, hath been found inconvenient in the Counties of Accomack and Northampton, Be it therefore ordained, That drafts of the Militia of the said Counties of Accomack and Northampton, when necessary, shall be made in the manner directed by the last act of General Assembly for making provision against invasions and insurrections.

And be it further ordained, That so much of the recited Ordinance, together with so much of the Ordinance intituled "An Ordinance for raising an additional number offerees for the defence and protection of the Colony of Virginia, and for other purposes therein mentioned," as comes within the purview of this Ordinance, shall be, and the same is hereby, repealed.