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A50067 The general laws and liberties of the Massachusets colony; Laws, etc. Massachusetts. 1672 (1672) Wing M1003; ESTC R208 224,188 210

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Foot have in like cases And in case of Alarm every Troop shall fit himself in all respects for service and shall speedily repair to the Guard in the Town where he dwells A. 53. under the penalty of five pounds How Troops are disposed in case of Alarm and shall duely attend such service as the Committee of Militia of that Town shall require until he shall otherwise be commanded by Order from his Captain or other Superiour Officer And no Officer of any Foot Company shall be a listed Trooper No Troop to be drawn out of the County And no Troop shall be drawn out of the County upon any pretence by the Captain and Officers thereof except in pursuit of an Enemy upon a Rout but by Order of the Major General And the Captains of Horse and of Foot respectively the Majors of the Regiments and the Major General are required in their respective charges to take care the Military Orders respecting Foot and Horses be duely executed and observed 1645 47 48 52 53 54 55 56. Troopers pe●●lty Also it is Ordered That no Trooper put off or change his Horse without leave from his Commander under the penalty of five pounds and that for non-appearance on dayes of exercise the fine shall be ten shillings and that no Trooper being Listed may at his pleasure disband himself without leave orderly obtained from his Commander and returned by certificate to the Commander of the Foot in the Town to which they belong under the penalty of such a fine as his chief Officer shall impose not exceeding fifty shillings FOr a were full and clear understanding of the intent of this Court in reference to Commissions greated to Muttary Officers It is Ordered and hereby Declated That all Commissions of inferiour Officers be and do stand good and in force Officers Commission● notwithstanding the death or removal of their Superiour Officers It is also further Ordered That all trained Souldiers whether Horse or Foot shall repair to their several Quarters and lodge their Arms immediately after their dismiss●on upon Training dayes And whosoever shall either singly or in companies remain in Arms and vainly spend their time and Powder by inordinate shooting in the day or night after their Release such Souldiers upon conviction shall be punished by their Superiour Officers order ●●s●rder in al●●●● to be p●●●●ed by the Officers upon the next Training day at the head of the Company by sharp Admonition or otherwise with any usual Military punishment at the discretion of the chief Officer Provided the Magistrate have not taken notice of the matter before It is also further Ordered That all Souldiers whether Horse or Foot who shall disobey the lawful commands of their Superiour Officers upon any Training day either in time of exercise in the Body or otherwise refusing to perform any service which their Officers in their discretion shall judge expedient in order to the furtherance and promoting Military work such refractory Souldiers shall be punished either by Admonition or otherwise at the head of the Company with any usual Military punishments at the discretion of the chief Officers It is also further Ordered and be it hereby Enacted that the Law limiting Troops Repealed not to exceed seaventy persons in a Troop as also for allowance of five shillings per Annum is hereby Repealed in reference to any that shall be listed after the publication of this Order And that henceforth none shall be admitted to be a listed Trooper but such whom themselves or Parents under whose government they are do pay in a single County Rate for one hundred pounds estate and in other respects qualified as the Law provides And the same certified under the hand of the Constable of the Town where they live 1663. FOrasmuch as complaints have been made to this Court of very great inequality in keeping and maintaining of Military Watches the burthen of that service y●ng mainly if not altogether upon such as bear Arms when several persons of good I state are free All which considered Millary Watches It is Ordered that henceforth all persons whatsoever within this Jurisdiction who are liable to serve in Constables Watches shall also be liable to the like service in all Military Watches either in their own persons or by a sufficient supply to be made by all such persons as aforesaid or shall pay twelve pence in money and that under the penalty of five shillings for every such neglect to be leavied by the Clerk of each Company by Warrant under the hand of the chief Officer of the same 1664. VVHereas this Court hath already provided for the well ordering and setling the Militia of this Common-wealth Major General Majors power to see that all the Arms or the Country be readily fixt as in the Law tit Military yet forasmuch as many Complaints are presented to this Court that the said Orders are not so attended as is to be desired considering the present juncture of affairs between our English Nation and forreign Enemies who are now engaged in a Bloody War which calls for a prudential endeavour of our own safety against any forreign Invasion or suddain Surprizal This Court doth therefore Order and Enact That the said Military Laws be by all persons therein mentioned forthwith attended in all respects And for the better effecting the same the Major General is required forthwith by warrant under his hand to the Majors of the several Regiments to require them to make diligent inquiry into the state of the several Companies under their charge and to be certified under the hands of the Commission officers or chief Officers where no Commission Officers are of each Company of all defects of Arms Amunition or otherwise in every respect And the said Majors respectively are required to give speedy advice to the Major General what posture their said Regiments are in and wherein the said Majors cannot of themselves forthwith make redress of any defects in the said Companies the said Majors with the advice of the Major General have hereby power to use all lawful means to effect the same Five pounds penalty for defects of inferiour Officers And all inferiour Officers are hereby required to yield ready Obedience to all such Warrants sent to them by the said Majors respectively or Major General upon the penalty of five pounds for every such defect to be leavied by distress by such person as the said Major General and Majors of the Regiments shall depute All the fines to go to procute a stock of powder for the company where the defects arise which said sines shall be for a stock of Powder for the said Company where the defects arise from time to time And whereas several Towns in this Jurisdiction are not under the Command of any Serjeant Major as Dover Portsmouth c. as also the Towns of the County of Hampshire The several Towns that are not under Majors
call or cause to be called over the Lists of the names of all the Souldiers and shall give attendance in the Field all the day except he have leave from his Captain or chief Officer to take notice of any defect by absence of Souldiers or other offences that may fall out in time of Exercise And the said Clerk shall twice every year view all Arms and Amunition of the Company To view the Arms and take notice that every Souldier be furnished according to this Law to which end by direction of the chief Officer he shall give notice to the Souldiers that upon such a Training day appointed they are required to bring in the forenoon all their Arms and Amunition into the field where they shall be approved or disallowed by the judgement of the said chief Officer then in the field And further the said Clerk shall once in the year at least Survey the Arms of all other Inhabitants and see that all except as before excepted be provided in their Houses with Arms and Amunition and upon every occasion he is required to use all diligence to view every mans Arms whether they be compleatly furnished with all Arms and Amunition as the Law requireth Give notice to the Captain of all defects And the said Clerk shall within one week after any default made or defect observed present a List of the Names of all that are Delinquent and of their defects to the Captain or chief Officer of the Company and shall without partiality demand and receive all fines due for such defects to distrein within ten dayes according to this Law which if any shall refuse to pay he shall make distress upon the Goods of such persons as shall not within ten dayes after their default be discharged or have their fines mitigated by the Captain or chief Officer of the Company unless the said chief Officer shall see cause to refer the Judgement and Determination of such default to the Major and chief Officer of the Regiment at their meeting To dispose of sines for the use of the Company And the Clerk shall with the advice of the chief Officers of the Company speedily lay out all fines received or leavied in Ensigne Drums Halberts Candle and Wood for the Watch or provide Powder and Arms for the poorer sort or otherwise as in their discretion they shall judge meet for the use of the Company 11. And for the better ordering the Militia in the several Towns in cases of any suddain exigent It is Ordered A. 52. p. 14. 53. That there be a Committy of Militia in every Town and that the Committy of Militia in Boston shall consist of the Magistrates living in the Town the chief Officer of the Horse if living in Town Committy of Militia in the several Towns and the chief Officer of each company of Foot or the greatest part of them and in suddain exigents any three of them may act when due means being used a greater number cannot be assembled which Committy shall have a Commission who shall also have power to appoint a Military Watch when they shall see cause for the safety of the Town and Country And Charlstown Salem and Ipswich shall have the like Committy of Militia who shall have like power by Commission and for all other Towns where there is one or more Magistrates the said Magistrate or Magistrates Their power with the three cheif Military Officers and where no Magistrate dwels the Deputy or Deputies of the General Court with the three chief Officers of such Town or any three of them shall be the Committy of Militia for such Town and have power in all suddain exigents to order and dispose the Militia of their Town for their own safety and defence till further Order be taken and upon Alarm or any Invasion to strengthen their quarters and to hinder any approaching or assailing them in a way of Hostility by bearing Arms in Companies or refusing upon such approaches to come under command or give an account what they are and wherefore they are in such posture In case o● Alarm And every such Committy where any such Alarm shall be given or received or shall be assaulted as aforesaid is required with all possible speed to give intelligence to the next Magistrate and the Major of the Regiment where such Alarm is taken or assault made of the reason thereof and state of the place so assailed To give notice to the Major And the said Major is hereby required to send forth to procure intelligence of the estate of any place so Alarm'd or Assaulted and to Order Assistance to them from any other company or companies of his Regiment as the case shall require Major to Order Assistance and shall give constant intelligence to the Governour or Council of the Country and Major General of the state of such affairs with all convenient speed To give intelligence to the Councel and Major General But no Major of any Regiment shall march with his Regiment out of the County wherein he hath command nor cause any part thereof so to do without Order from the General Court Council of the Common wealth or Major General except it be in pursuit of the Enemy upon a Rout. Major not to lead his Regiment out of the County And in case of Death or absence of the Major upon any such occasion of service the eldest Captain of the Regiment shall supply his place till further Order be taken and the seniority of all Captains and chief Officers of every Company in the several Regiments shall be accounted according to the seniority of the Towns or Companies they command Seniority of Captains except the Commanders of the four Companies of Boston being of equal standing A. 53. A. 56 p. 12. the seniority of the Captains shall be according to the priority of their Commissions Committy to press Soldiers It is further Ordered That henceforth all Warrants for impressing and raising of Souldiers for any expedition shall be directed to the Committy of Militia of the several Towns A. 54. p. 3. who may execute the same by the Constable and the said Committy are hereby impowred and required to suppress all raising of Souldiers but such as shall be by the Authority of this Government And in all Towns where there are great Artillery A. 55. Forts or Batteries the Committy of Militia and Select men of the Town shall mount such Guns and fit them with appurtenances for service To take care of great Guns and repair such Forts or Batteries as they shall see necessary for the security of the Town the charge whereof the Select men are hereby impowred and required to leavie on the Estate of the Inhabitants and repair Forts according to the proportion of the Country Rate to be collected by the Constables of the said Town for the use aforesaid VVHereas in the Law tit Military