Virginia General Assembly, extract of an act, June, 1757
CWF Rockefeller Library Special Collections. SCMS1982.9

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1757 Jun


EXTRACT
OF THE
ACT OF ASSEMBLY

For granting an Aid to His Majesty, for the better protection of this Colony,
and for other Purposes therein mentioned.

I. Wheras it is necessary, in this Time of Danger, that the Forces
now in the Pay of this Colony should be augmented, BE IT therefore
Enacted, by the Lieutenant-Governor, Council, and Burgesses of this
present General Assembly, and it is hereby enacted by the Authority of
the same,
That the Forces now in this Colony shall be augmented
to One Thousand Two Hundred and Seventy, including non-com-
missioned Officers: And for the more speedy raising the Men that shall be wanted to com-
plete that Number, the Sheriff of every County within this Colony, and the Serjeants of the
City of Williamsburg and Burough of Norfolk, shall cause to be summoned the several Ju-
stices, and Field Officers and Captains, of their respective Counties, City and Borough,
to meet at the Court-Houses of the said County, City and Borough, respectively, within
Fifteen Days after the passing of this Act, which said Justices, Field Officers and Captains,
or any number of them, not less than Seven, shall then and there hold a Court, and ex-
amine and enquire into the Occupation and Employment of the several Inhabitants of the
said Counties, City, and Borough, between the Age of Eighteen and Fifty Years, which
Examination shall be taken by the several Muster Rolls (which the County-Lieutenant, or
Chief Commanding Officer, is hereby required to lay before such Court) and by such other
Methods of Enquiry as to the said Court shall seem expedient: And the said Courts are
hereby impowered and required to prick down all such able bodied Persons, within their re-
spective Jurisdictions, as shall be found loitering and neglecting to labor for reasonable
Wages, all who run from their Habitations, having Wives or Children, without suitable
Means for their Subsistance, and all other idle, vagrant, or dissolute Persons wandering
Abroad, without betaking themselves to some lawful Employment; and all such who, in
Pursuance of the Act of Assembly made in the Twenty-Ninth Year of his present Majesty's
Reign, intituled, An Act for raising the Sum of Twenty-Five Thousand Pounds for the better
Protection of the Inhabitants on the Frontiers of this Colony, and for other Purposes therein
mentioned
, did receive the Reward of Ten Pounds to enter into his Majesty's Service, and
deserted the fame before the Expiration of the Time directed by the said Act: And in Case
a sufficient Number of such Persons as are before described cannot be found in any County,
City or Borough, to make up their respective Quotas, according to the Directions of this
Act, then the said Courts are hereby impowered to prick down such able bodied Men, not
being Freeholders, or House-Keepers qualified to vote at an Election of Burgesses, as they
shall think proper to make up the same. And such Courts to be held as aforesaid, are here-
by impowered and required to order the Sheriffs of the said Counties, and Serjeants of the
said City and Borough, respectively, and such Officers of the Militia, not being Members
of the said Courts, as they shall think proper, to bring before them the several Persons so
pricked down as aforesaid, at a succeeding Court to be held as aforesaid, within Ten Days
of the former: And such Court shall then proceed to draught out such and so many of
them as shall be deemed proper for the Service aforesaid, in the following Proportion; that
is to say, One Man for every Forty effective Soldiers in the Militia of each County, City
and Borough. And where it shall so happen that the Militia of any County, City or
Borough, shall amount to any Number so as to leave or afford Twenty Men over and above
the Forties for which one Man is to be draughted, then such Court shall draught One more
for the said Twenty Men, as aforesaid.

II. AND be it further Enacted, by the Authority aforesaid, that the several Courts to be
held as aforesaid, before they proceed to prick down and draught the Soldiers, as is before
directed, shall take the following Oath, which shall be first administered to the first Justice
in the Commission of the Peace present at such Court, by any two of the Members then
present, and then, by the said Justice, to the other Members of the Court, that is to say,
"You shall swear that you will do equal Right and Justice to all Men, according to the
"Act of Assembly intituled, An Act for granting an Aid to His Majesty, for the better
"Protection of this Colony, and for other Purposes therein mentioned
, without Favor, Af-
"fection, or Partiality, so help you God."

III. AND it is hereby further Enacted, That every such Court shall appoint some Person
to act as Clerk, who shall enter the Proceedings of such Court, and shall transmit the same
to the Clerk of the County, City or Borough, to be by him recorded. And every Justice,
Militia Officer, Sheriff or Serjeant, that shall neglect or fail to do the Duty by this Act
required of them respectively, shall forfeit and pay for every such Failure or Neglect the
Sum of Twenty Pounds, one Moiety to our Sovereign Lord the King, for the Public Use,
And to be paid to John Robinson, Esq; Treasurer of this Colony, or to the Treasurer for the
Time being, appointed by, or pursuant to an Act of Assembly, and disposed of as the
General Assembly shall direct; and the other Moiety to the Informer, and shall and may
be recovered with Costs, by Action of Debt or Information, in any Court of Record within
this Colony.

IV. AND for the Encouragement of Persons who may be inclined to inlist voluntarily into
the said Service, BE IT further Enacted, by the Authority aforesaid, That every able bodied
Person willing to inlist in such Service, that shall appear before either of the said Courts
hereby appointed to be held as aforesaid, and there inlist himself as a Soldier (provided the
same be done before the Draughting as aforesaid shall be completed) shall be entitled to Five
Pounds: And if any Person present shall be willing to, and shall advance the said Reward
to the Person so inlisting, the Person paying the same shall, upon producing a Receipt, be
repaid the Money so advanced by the Treasurer, out of the Money herein after appropriated
for raising and maintaining the Forces hereby intended to be raised, And if no Person present Will advance the said Reward, then the Person so inlisting shall be paid the same within
Three Days after his Arrival at the Place of General Rendezvous, by the Commanding
Officer of the Forces in the service of this Colony. And the Court before whom such
Person shall inlist, shall order the Clerk to give such Person a Certificate of his inlisting, to
entitle him to the Reward aforesaid: And every Person so inlisting, shall be deemed and
taken as one of the Number herein before directed to be draughted for each County, City,
or Borough.

V. AND for the Encouragement of Persons so as aforesaid pricked down, to appear at
the second Court to be held as aforesaid, BE IT further Enacted, That every Person so
pricked down, who shall appear at such Second Court, and be draughted into the Service,
shall be intitled to the Sum of Three Pounds, to be paid in Manner aforesaid.

VI. AND be it further Enacted, by the Authority aforesaid, That every Person pricked
down as aforesaid, shall give to the Shriff, Serjeant, or Militia Officer, appointed to bring
such Person before the succeeding Court, sufficient Security, in the Sume of Fifty Pounds,
for his Appearance at such Court, and in Default thereof, it shall and may be lawful for
such Sheriff, Serjeant, or Militia Officer, to commit such Person to the Goal of the County,
City, or Borough, there to remain until the said succeeding Court; and if any such Person
shall resist such Sheriff, Serjeant, or Officer, it shall and may be lawful for him immediately
to raise any Number of Men sufficient to apprehend such Person: And every Person refu-
sing to obey such Sheriff, Serjeant, or Officer, for the Purpose aforesaid, shall, upon Con-
viction thereof before the next Court to he held for such County, City, or Borough (with-
out the Formality of a Jury) be fined the Sum of Five Pounds. And if any person pricked
down as aforesaid, shall, in resisting the Officer appointed to apprehend him, use any Fire-
Arms, Sword, or any other unlawful Weapon, such Person, and their Aiders and Abettors,
shall, upon Conviction thereof before the General Court of this Colony, suffer Death, as
in Cases of Felony, without Benefit of Clergy. And every Person, or Persons, appre-
hending such Offender, shall, upon his Conviction, be entitled to the Reward of Ten Pounds,
to be paid by the Public, for every such Offender. And if any Person, or Persons, shall
harbour or conceal any of the Persons pricked down as aforesaid, every such Offender shall
forfeit and pay the Sum of Five Pounds to the Use of the Informer, and to be recovered as
aforesaid.

VII. AND be it further Enacted, by the Authority aforesaid, That the Court at the said
succeeding Court, shall order the Men so inlisting or drafted as aforesaid to be delivered
to the County Lieutenant or chief Commanding Officer of every County, City, or Borough,
present at such Court, who is hereby required to receive them, and to order any Captain
of his Militia to take with him so many Soldiers of the said Militia as such Commanding
Officer shall think proper, and convey and deliver the Persons inlisted or drafted as afore-
said to the Officer or Officers appointed by the Governor or Commander in Chief of this
Colony for the Time being to receive them: And such Captain shall be allowed all neces-
say Expences for victualling and lodging himself, the Soldiers attending him, and the
Persons inlisted or drafted as aforesaid, so as the same shall not exceed Fifteen Pence per
Day for every Man during such March, and such Captain and the Soldiers attending him
shall moreover be entitled to the same Pay as if drawn out into actual Service upon an
Invasion or Insurrection. And if any such County-Lieutenant or chief Commanding Officer
of the Militia shall refuse to receive the Persons inlisted or drafted as aforesaid, or neglect
or refuse to order a Captain to convey and deliver them as aforesaid, such County Lieu-
tenant or chief Commanding Officer shall forfeit and pay the Sum of Fifty Pounds; and
if any Captain or any of the Men appointed to attend him as aforesaid shall refuse to
obey the Orders of his or their County-Lieutenant or chief Commanding Officer for the
Conveyance and Delivery of the said Persons inlisted or drafted, every Captain so offending
shall forfeit and pay the sum of Ten Pounds, which several Fines shall be One half to our Sove-
reign Lord the King, for the public Use, and to be paid and disposed of as aforesaid, and
the other Moiety to the Informer, to be recovered with Costs, by Action of Debt or
Information in any Court of Record where the same shall be cognizable.

VIII. AND be it further Enacted, by the Authority aforesaid, That if notwithstanding
the Encouragement given and the Methods herein before prescribed for the bringing the
Persons pricked down at the first Court to the second Court, it shall so happen that all
the Persons so pricked down shall not appear at such second Court in Order to their being
drafted, the said Court shall proceed to draft our of those that shall appear; and every
Person, not appearing as aforesaid, shall be deemed a Deserter from His Majesty's Service,
and shall be punished accordingly.

IX. AND be it further Enacted , That it the Method prescribed by this Act shall be
found ineffectual for raising the Number of Men hereby intended to be raised, it shall and
may be lawful to and for the Officers appointed for that Purpose by the Governor or
Commander in Chief, to inlist so many Men, willing to enter into the said Service, as shall
be sufficient to compleat that Number; and every Person so inlisting shall receive from
the Officer inlisting him the Sum of Five Pounds, and every such Officer shall be allowed,
over and above such Rewards paid by him, all his necessary Expences in the inlisting
such Persons and conveying them to the Place of general Rendezvous.

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Extract
Virginia Act of Assembly
For granting an end to the
Majesty. June 1757