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The Second Year of George I

A.D. 1715

Chap. IX.

An Act to make the Militia of this Kingdom more useful.



Whereas there have been frequent rebellions and insurrections formerly raised in this kingdom by the popish inhabitants of the same: and whereas lately an open and unnatural rebellion broke out in the divers parts of his Majesty's kingdom of Great Britain in favour of the Pretender, which by the blessing of God is happily suppressed: and whereas there is just reason to apprehend, that the main body of papists in this his Majesty's kingdom may hereafter again endeavour to disturb the publick peace and tranquillity: in order therefore to establish the militia, and to make the same more useful, and to put this kingdom in a posture of defence against any foreign invasion, or intestine rebellion or insurrection; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal and the commons in this present Parliament assembled, and by the authority of the same, That the King's most excellent Majesty, his heirs and successors, or those that shall from time to time be appointed by the King's most excellent Majesty, his heirs and successors, to be the chief governor or governors of this kingdom, shall and may from time to time, as occasion shall require, issue forth several commissions of lieutenancy and array to such persons, being protestants, as his Majesty, his heirs and successors or such chief governor or governors, shall think fit, to be his Majesty's lieutenant or lieutenants, governor or governors, and commissioners of array for the several and respective counties, cities, and places of Ireland; which lieutenants or governors, and commissioners or array, or the major part of them, shall have full power and authority to call together all such persons, being protestants, at such time and times, and to arm and array them in such manner, as is hereafter expressed and declared, and to form them into companies, troops, and regiments; and in case of insurrection, rebellion, or invasion, them to lead, conduct, or imploy, or cause to be lead, conducted, and imployed, as well within the said several counties, cities, and places, for which they shall be



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commissioned respectively, as also into any other the counties and places aforesaid in this kingdom for suppressing of all such insurrections and rebellions, and repelling of invasions, as may happen to be in this kingdom, according as they shall from time to time receive directions from his Majesty, his heirs and successors, or the chief governor or governors of the said kingdom for the time being; and his Majesty, his heirs and successors, or the said chief governor or governors, shall have full power and authority from time to time to constitute and appoint, and give commissions, to such persons as they shall think fit, to be colonels, lieutenants-colonels, majors, captains, and other commission-officers of the said persons so to be arrayed, armed, and weaponed; and the lieutenant or lieutenants, governor or governors of the several and respective counties, cities, and places of this kingdom, shall present to his Majesty, his heirs and successors, or the chief governor or governors of the said kingdom for the time being, the names of such person and persons as they shall think fit, to be his or their deputy or deputies; and, in case such persons shall be approved of, they shall give them deputations accordingly.

II. Provided always, That his Majesty, his heirs and successors, or the said chief governor or governors, shall have power and authority to direct and order otherwise, and accordingly at his and their pleasure may appoint and put in commission, or displace, such lieutenants, deputy lieutenants, and officers; any thing in this act to the contrary notwithstanding: and that the said lieutenant or lieutenants, or governor or governors, or their respective deputy or deputies of their said several and respective counties respectively, during their said respective deputations, or the major part of them assembled, being three at least, shall have power from time to time to command the several and respective officers of the said militia, to train, exercise, and put in readiness, and also lead and conduct the persons so to be arrayed, armed, and weaponed, by the directions, and to the intents and purposes, as is hereafter expressed and declared.

III. And be it further enacted by the authority aforesaid, That it shall be lawful for the said governor or governors, lieutenant or lieutenants, deputy lieutenants, or governors and commissioners of array, or the major part of them, within the several counties, cities, and towns in this kingdom, from time to time, as often as any invasion, insurrection, or rebellion shall happen within this kingdom, for and towards the support and maintenance of the said militia, when in actual service, to suppress and oppose such invasion, insurrection, or rebellion, to raise and cause to be raised such sum and sums of money, to be rateably applotted and ascertained upon the inhabitants and proprietors of land in their several counties and cities, in such


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manner and proportional as other county-charges are taxed and assessed, towards the support and maintenance of the said militia, when on such service, not exceeding the sum of six pence for each foot-man by the day, nor more than twelve pence for each horse-man and dragoon for each day they shall be in such service; which said several and respective sums of money, so to be applotted and raised, shall be paid by the several tenants or occupiers of the land; and one moiety thereof shall be allowed to the tenants or occupiers by the landlord or landlords, mediate and immediate, in proportion to the clear rents received by each of them.

IV. And forasmuch as the number of papists are very considerable in this kingdom, and it has been found by experience, that they have occasioned frequent rebellions in the same; be it further enacted by the authority aforesaid, That the said respective lieutenants, deputy lieutenants, and commissioners of array, or the major part of them, shall and may raise, or cause to be raised, upon the popish inhabitants, and upon every person who shall refuse to take the Oath of Abjuration (which oath every justice of the peace is hereby impowered to tender) double the sum they should have paid by vertue of this act in case they had been protestants, and had taken the oaths appointed by several acts of Parliament in Great Britain and in this kingdom; and in case of such invasion, insurrection, or rebellion, whereby occasion shall be to draw out such militia into actual service out of their respective counties and places as aforesaid, that then immediately after ten days time the said officers and private men may be mustered by the commissaries appointed by his Majesty for mustering the standing army, and shall be allowed and paid, during such time as they shall be in actual service, the same pay as is allowed and paid by his Majesty to his standing forces in this kingdom; which pay shall issue out of his Majesty's publick treasury or revenue, in the same manner as it is paid to the standing forces.

V. And be it further enacted by the authority aforesaid, That the said lieutenants, deputies, and the said commissioners of array, or the major part of them, in the respective counties and places as aforesaid, or the chief officers upon the place in the respective places aforesaid, may take and provide carts, waggons, waynes, cars, carriages, and horses, for the carrying of powder, bullets, and other materials, in the same manner and allowing the same rate per mile outwards only for each horse to every such cart, waggon, wayne, car, and carriage, for the uses aforesaid, as are taken upon the marching of any regiment, company, or troop of the standing army; the same to be paid as by an act made in this kingdom, intituled, An Act to prevent the disorders that may happen by the marching of soldiers, and for providing carriages for the baggage of soldiers in their march: and that the said lieu-


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tenants or deputies, or the chief officers upon the place, shall and may imprison all mutineers, as well officers as private men, or those who do not their duty at the day of their musters and training, and other the aforesaid service; and shall and may inflict for punishment for every such offence any pecuniary mulct, not exceeding five shillings per diem, or the penalty of imprisonment, without bail or mainprize, not exceeding one calendar month.

VI. And be it further enacted by the authority aforesaid, If any person or persons so to be assessed or charged by the said lieutenants and deputies, and commissioners of array, or the major part of them respectively, shall refuse or neglect by a reasonable time, to be appointed by the said lieutenant or lieutenants, governor or governors, and deputies and commissioners of array, or the major part of them, to pay such sum or sums of money, so to be assessed and applotted as aforesaid, that then it shall and may be lawful to and for the respective lieutenants and deputies, and commissioners of array, and the major part of them assembled, (provided that the major part be not less than three) for every such offence from time to time, by warrant under the hands and seals of the commissioners then assembled, or of the major part of them (provided such major part be three at least, of which the governor or one of the deputy lieutenants of each county shall be always one) to levy such respective sum or sums of money by distress and sale of goods of the person or person so neglecting or refusing, rendring the overplus to the party so distrained (all necessary charges in levying thereof being first deducted) to be applyed to the use of such troop or company whereunto the person so offending did belong, in such manner as the said lieutenants, commissioners of array, or the major part of them, so assembled, shall direct.

VII. And be it further enacted by the authority aforesaid, That if any person or persons to be arrayed, armed, and weaponed, shall detain and wilfully imbezzle the horse, ammunition, arms, furniture, or any cloaths, with which he shall be entrusted for the service of the militia, that it shall and may be lawful to and for the respective governors, lieutenants, and deputies, and commissioners of array, or the major part of them as aforesaid, to imprison such person or persons, till he or they shall have made satisfaction for such horse, ammunition, arms, furniture, or cloaths, by him detained or imbezled.

VIII. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said commissioners of array in their several and respective counties, or the major part of them assembled, not being less than

 

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three, to array and inlist all such protestants between the ages of sixteen and sixty, as they shall think fit; and upon complaint that any such protestant or protestants within the said ages do neglect or refuse to be arrayed or inlisted, or to find a sufficient man, that shall be a protestant qualified according to this act, to be approved as is herein after mentioned, to serve in his stead, it shall and may be lawful to and for the said lieutenants, and deputies, and commissioners of array, or the major part of them as aforesaid, after due summons served on such person or persons, and refusal, to commit the said person or persons, until he or they, being arrayed, shall appear and enter into the service, and inlist or find such person in his stead as aforesaid; and if such person or persons after being arrayed and inlisted, shall not appear at the beat of drum and sound of trumpet in counties, cities, or towns, or other usual summons by the commanding officer, at the place appointed for the rendezvous, that then and so often it shall and may be lawful to and for the commanding officer of each troop and company to inflict a penalty on every horseman or dragoon, not exceeding five shillings sterling, and on every foot man, not exceeding two shillings and six pence, for each day they shall refuse or neglect to attend the service; and in default of payment to imprison such person or persons for the space of ten days without bail or mainprize.

IX. And be it further enacted by the authority aforesaid, That the said respective lieutenants, deputy lieutenants, and commissioners of array, or the major part of them, shall appoint one or more treasurer or treasurers, clerk or clerks, for receiving and paying all money, which shall be levyed by vertue hereof for the use of the said militia, which treasurer or treasurers, clerk or clerks, shall give sufficient security before the lieutenant or lieutenants, governor or governors, deputies, and commissioners of array, or the major part of them, to account and answer for all such sum or sums of money as they shall receive and disburse; of all which receipts and disbursements the said treasurer or treasurers, clerk or clerks, shall every six months give their accounts in writing, and upon oath, to the said lieutenants, and deputies, and commissioners of array, or the major part of them, who shall be for that purpose assembled; which oath they have hereby power to administer; and that the said accounts so to be taken shall be forthwith certified to the chief governor or governors of this kingdom, and the lords of his Majesty's most honourable privy council; and a duplicate thereof shall be certified to the justices of the peace at the next general quarter sessions; and the said treasurer or treasurers, clerk or clerks, shall be paid such gratuity or reward by the said respective lieu-


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tenants, deputy lieutenants, and commissioners of array, or the major part of them, as they shall think fit, not exceeding six pence per pound, for all such sum or sums of money as such treasurer or treasurers, clerk or clerks, shall receive and disburse as aforesaid.

X. And be it further enacted by the authority aforesaid, That the ordinary times in every year for training, exercising, and mustering the militia, raised or to be raised by vertue of this act, shall be the first Monday after the twenty fifth day of March, the first day of May, Tuesday in Whitfun week, and the twenty fourth day of June; and in the first day of May or the twenty fourth of June shall happen to fall on the Lord's day, commonly called Sunday, then the said militia are not to be drawn out or exercised on that day, but on the following day.

XI. And to prevent the concealing of serviceable horses or arms belonging to papists, or to other persons who shall refuse to take the oath of abjuration of the pretender, when the same shall be tendered to him or them, which oath every justice of peace of the county, where such papist or suspected persons shall respectively dwell, is by this act authorized to tender to such papist or suspected persons; be it enacted by the authority aforesaid, That it shall and may be lawful for the lord lieutenant, lords justice, or other chief governor or governors, and council of this kingdom for the time being, when and as often as they shall think the danger of the peace and of the safety of the kingdom to be such as to need the same, by proclamation to command and authorize all sheriffs, justices of peace, and all or any other civil officers whatsoever to seize any horses, mares, or geldings belonging to any papist, or to any person refusing to take the oath of abjuration as aforesaid, serviceable and fit to be imployed or used in mounting an horse man or dragoon in the militia of this kingdom (except breeding mares, stallions, and horses under four years old) and the same to detain for the space of ten days; during which time it shall be lawful for any officer, or other person commanding or serving in the militia, to tender and pay the sum of five pounds to such justice of the peace, or person who shall seize or have such horse in his custody, to be paid over to the former owner (deducting thereout the charge of seizing and keeping such horses) and that on payment of the said sum as aforesaid, the property of such horse shall vest in such officer or soldier serving in the militia; but if no such sum shall be offered for them within the time aforesaid, such horse shall be returned to the respective owners, paying for the seizing and keeping the same as aforesaid.


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XII. And be it further enacted by the authority aforesaid, That proof being first made upon oath before any justice of the peace of the county or the city, wherein such papist or nonjuring person doth reside, that any papist or nonjuring person had at the time such proclamation issued, or a month before, in his actual possession any horses, mares, or geldings, fit for the mounting of a horse-man or dragoon on the militia of this kingdom, or any swords, bayonets, fire or other arms, such papist or nonjuring person shall, on demand made by any justice of the peace, or other civil magistrate as aforesaid, or by any field officer or captain of horse or dragoons in the militia aforesaid, produce and deliver the same unto the person demanding, or his order, within the district wherein such papist or nonjuring person liveth; and in case the said papist or nonjuring person as aforesaid, shall refuse or neglect to deliver the said horses, mares, geldings, arms, or any of them, within the space of three days after such proof and demand at such place as by such person, demanding the same as aforesaid, shall be appointed within the said county, unless the same were before the time of the information given or sold bona fide and without fraud; then it shall and may be lawful to and for any such justice of the peace to issue his warrant for the apprehending of such horse, mare, gelding, or arms, not delivered as aforesaid, him to commit to the goal of the said county, there to remain without bail or mainprize till payment of the said sum; which sum shall go one half to the informer, and the other to the use of the militia of that barony or district, where the person so offending shall dwell.

XIII. And be it further enacted by the authority aforesaid, That the said lieutenants, deputy lieutenants, and commissioners of array, or the major part of them, shall and may divide their several and respective counties into several districts for raising the said militia, and forming them into regiments, troops, and companies, as may be most convenient for the several inhabitants, that they may be the sooner brought together upon any insurrections, invasion, or rebellion; and the inhabitants of the said several districts shall, from the time they are so appointed to serve in such regiment, troop, or company, attend the said service as aforesaid, under the penalties aforementioned, and shall not serve in any other regiment, troop, or company.

XIV. Provided always, and be it further enacted by the authority aforesaid, That no person shall be obliged to serve in the said militia, who shall find one or more fit or sufficient man or men, that are protestants qualified according to this act, to be approved by his or their captain respectively; subject nevertheless to be altered upon appeal to the lieutenant, deputy lieutenant, or lieutenants and commissioners

 

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of array, or the major part of them, as there shall be cause; and that every person and persons, so found and provided, shall and are hereby required to serve as a soldier and soldiers in such manner, and under such penalties, as are before appointed in this act.

XV. Provided always, and be it further enacted by the authority aforesaid, That in counties of towns and cities, where there are no lieutenant or lieutenants, governor or governors of such counties, the commissioners of array for the time being for the said counties of towns and cities shall have the same power and authority within the said counties of towns and cities, as the lieutenant or lieutenants, governor or governors, and the commissioners of array, or any of them, for the several counties of this kingdom have by this act; ant thing herein contained to the contrary notwithstanding.

XVI. And be it further enacted by the authority aforesaid, That where any house-keeper, or master of a family within the city of Dublin, or other counties of cities, or counties of towns within this kingdom, is or shall be a papist, that then and in such case such house-keeper or master of a family shall and is hereby compellable to find a fit and sufficient man, who shall be a protestant, to serve in his stead, to be approved by the captain of the troop or company, to which he belongs; and in case of any dispute between such papist and his captain in relation to the sufficiency of such man, the same is to be determined by the commissioners of array, or the major part of them assembled, so as there be not less than three; and in case such papist house-keeper or master of a family shall neglect or refuse to find such sufficient man to serve in his stead, that then such papist shall forfeit double the sum a protestant would forfeit, in case such protestant should neglect or refuse to attend the service of the militia in his own person, or by a sufficient man in his stead, when thereto required by beat of drum, or sound of trumpet as aforesaid.

XVII. And be it further enacted by the authority aforesaid, That the commissioners of array for the said city of Dublin, and all other cities and counties of towns within this kingdom, or any three of them, whereof the lord mayor, or mayor for the time being (in case he is a commissioner of array) to be always one, shall have full power, by warrant under their hands and seals, to cause to be lead, trained, or exercised, all or any of the persons raised or arrayed within such cities and liberties thereof, at such times as the militia of the several counties shall be drawn out, and likewise as often as the chief governors for the time being


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shall think it necessary that the militia of the said cities shall draw out.

XVIII. Provided always, and be it further enacted by the authority aforesaid, That the several and respective high and petty constables in the several and respective counties and counties of cities and towns in this kingdom shall upon oath make a full, true, and perfect return, at the first assizes after the twenty fourth day of June one thousand seven hundred and sixteen, to be held for the said several and respective counties, and at the next quarter sessions to be held after the time aforesaid for the county of Dublin, and county of the city of Dublin, of all protestant and popish inhabitants, and proprietors of land in each of the said counties; and that the grand jury shall respectively present what number and proportion the said protestant and popish inhabitants and proprietors bear to each other, and that each of the said popish inhabitants and proprietors shall pay double in proportion to what each of the protestant inhabitants shall be obliged to pay towards the militia.

XIX. Provided, That nothing herein contained shall any ways extend to the person commonly called Quakers, to make them liable to pay as papists or nonjurors, but the said Quakers are to pay only as protestants, in case they do not serve themselves in the said militias, or find a sufficient person to serve in their stead, they making the following affirmation or declaration, if it be tendered to them by any justice of the peace.

I A.B. do truly and sincerely acknowledge, profess, testify, and declare, That King George is lawful and rightful King of the realm of Great Britain and Ireland, and all other the dominions and countries thereto belonging; and I do promise and engage to be a true and faithful subject to him and his successors in the protestant line, as now by law established: and that I will not plot or contrive any mischief or hurt to him or them, or be any way concerned therein, but will do my best endeavour to disclose and make known to the King and his successors, or those in authority under him or them, all treasons and traiterous conspiracies which I shall know to be against him, or any of them: and I do believe in my conscience, that the person pretending to be the prince of Wales during the life of the late King James, and since his decease pretending to be, and taking upon him, the stile and title of King of England, by the name of James the third, and of Scotland by the name of James the eighth, hath not any right or title whatsoever to the crown of the realm of Great Britain or Ireland, or any of the dominions thereto belonging: nor do I believe the Pope, or bishop of Rome, is Christ's vicar on earth, or that he hath power to depose heretical princes, as they call them, or absolve me, or any of the King's subjects, of their obedience to him or successors, or any subject of their obedience to their lawful prince: and I also believe the popish doctrine of purgatory, praying for the dead, indulgencies, and worshipping of images, of adoring and praying to the virgin Mary, or other deceased saints, of transubstantiation, or changing the elements of bread and wine


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into the body and blood of Christ, at, or after the consecration thereof by any person whatsoever, and of killing hereticks, are false, erroneous, and contrary to the truth declared in the holy scriptures: and therefore do believe the communion of the said church is superstitious and idolatrous: and all this I acknowledge, declare, and subscribe, without any equivocation, or mental reservation, according to the true plainness, simplicity, and usual signification of the words: and I do profess, that I believe that I shall be liable to everlasting punishments, if I do not sincerely mean and perform what I have now declared and promised.

XX. Provided always, That nothing in this act contained shall in any way extend, or be construed, to impeach or affect the person or priviledge of any member of either house of Parliament in this kingdom.

XXI. And be it further enacted by the authority aforesaid, That the miltia, now actually raised and in being, shall be regulated according to this act. And that this act shall be and continue in force until the twenty fourth day of June one thousand seven hundred and eighteen, and no longer; any thing in this present act to the contrary in any wise notwithstanding.

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