1709, 2 Bush 49.
Whereas the Security and Preservation of this Province greatly depends upon the Militia being put into such Methods as may make the same most useful for the defence thereof, and the honour of her Majesty, Be it therefore Enacted by the Governour, Council and General Assembly met and assembled, and by the Authority of the same, That every Captain within this Province already appointed, or that shall be hereafter appointed, at or before the first Day of July next ensuing, shall make a true and perfect List of all the Men that are at present, or that shall hereafter happen to be within the Districts or Precincts of which they are Captains, between the Age of Sixteen and Fifty years, except Ministers, Physitians, School-Masters, Civil Officers of the Government, the Representatives of the General assembly, and Slaves. Every one of which so listed shall be sufficiently armed with one good sufficient Musquet or Fuzee well fixed, a Sword or Bagonet, a Cartouch-box or Powder-horn, a pound of Powder, and twelve sizeable Bullets; who shall appear in the Field, so armed, twice every year, on the third Friday of March & on the third Friday of September yearly, at the places appointed by their Captains or superior Officers, and to continue in Arms but one Day at each time, besides at other times when they shall be called together by an Order in writing, under the hand of the Capt. General or Commander in chief for the time being, at such places as shall be by him appointed, to be taught the use of their Arms, and the Discipline of War, and when under Arms, shall and are hereby subjected to the Command of their proper Officers, and upon Disobediance shall and are hereby made liable to the Penalties and Punishments of the Martial Law, so that the Punishment does not extend to the taking away of Life or Member.