May 5, 1722, 2 Bush 289.
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 Honour of his Majesty. And whereas the former Act For Settling the Militia of this Province, is expired by its own Limitation,
Be it therefore Enacted by the Governour Council and General Assembly, and by the Authority of the same, That every Captain within this Province already appointed, or that shall be hereafter appointed, 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 Divisions of which they are Captain, between the Age of Sixteen and Fifty Years (except the Gentlemen of his Majestys Council and the Representatives of General Assembly, Ministers of the Gospel, the Civil Officers of the Government,and all Field Officers and Captains that here-to-fore bore Commission in the Militia of this Province, and all that now do or shall hereafter bear such Commission, Physitians, School-Masters, Millers, and Slaves) Every 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, three Charges of Powder and three sizeable Bullets, who shall appear in the Field, so Armed, twice every Year, on the first Munday in April, and the second Munday in October, (except the County of Cape-May, which shall thus appear the third Munday in April and third Munday in October,), yearly, at the Places appointed by their Captains or Superiour Officers, and 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 Captain 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 then and there shall and are hereby Subjected to the Command of their proper Officers, and upon Disobediance shall and are hereby made lyable to the Penalties and Punishments of the Martial Law, so that the Punishment do not extend to the taking away of Life or Members.