land tax for the place, must pay the money under penalty of 10/ Regulations are adopted, to prevent frauds and mistakes in case of removal, by proper certificates of refidence; the parties are liable to be called out into fervice, when required by the commanding officer; and from that time, they become entitled to their original pay, and the allowance ceafes, and fo it does if they are promoted to a better rank, or if they neglect to send proper certificates of their refidence, or refuse to join when required, unless prevented by ficknefs or other fufficient caufe.

ACTUAL SERVICE. In cafe of actual invafion, or imminent danger, or of rebellion, or infurrection, the king may, on notice to parliament, if fitting, or if not, on proclamation, order the lords lieutenants, or deputy lieutenants, with all convenient' speed, to draw out and embody all the militia, or so many as he fhall judge neceffary, and in the manner beft adapted to the circumstances of the danger, and to put them under the command of fuch general officers as he fhall appoint, and direct them to be led by their respective officers, into any part of Great Britain, but not out of it. From the time of their being embodied until their return to their own county, riding, or place, and being difembodied by his majesty's order, they are all subject to the mutiny act, and the articles of war. The king muft however affemble the parliament, within fourteen days after calling out the militia.

On thefe occafions, the lord lieutenant, or the deputy lieutenants, direct the chief conftables and other officers, in every place, to give notice in writing to the feveral militia-men, and if they do not appear, and march according to the order, they are treated like deferters from the regulars, and any perfon harbouring them incurs a penalty of 100l.; but as fome of the men, who live at a diftance from the place where they may be ordered to, could not travel fo far without affiftance, the fubdivifion clerk advances to every one fo many days'pay, as will fupport him till he reaches the place appointed, counting that he marches not Jess than ten miles per day, with a proper number of halting days; and the money fo advanced is repaid by the receiver general of the land-tax. Befides this, the receivers of the affefled taxes pay into the hands of every captain, or other commanding officer of militia, one guinea for each man under his command, which the officer muft give to the private, or lay it out for his benefit, in fuch way as he fhall think fit, accounting for it to the privates by the 24th day of the enfuing month.

And when the militia is drawn out, if any perfon not poffeffing land, goods, or money, of the clear value of 500l. is ballotted, and ferves, or finds a fubftitute, the church-wardens or overfeers of the parish, on receiving an order, under the hands

of two deputy lieutenants, muft pay him fuch fum as the deputy lieutenants fhall judge to be half the current price paid for a fubftitute, under penalty of 10l.

When regiments are abfent from the place to which they belong, the commanding officers must apply to every man, whofe term of service is within four months of expiring, and who is ftill fit to ferve, and inquire whether he is willing to continue in the service for a new term, and at what price, and on the first day of January, and every other alternate month, the officer is to tranfmit to the clerk of the general meetings a lift of such men as are willing to continue, fpecifying certain neceffary particulars, and fubfcribed by them, which fubfcription binds them to ferve. The clerk of the general meetings fends extracts of thefe lifts to the clerk of the fubdivifion meetings, and the deputy lieutenants may decide whether they will affent to the inrolment of fuch men; and if they approve it, may order the church-wardens and overfeers of the place to which the militia men belong to remit the bounties to the paymaster of the regiment; the receiver general of affeffed taxes alfo pays for every fuch man, a guinea in the manner already mentioned to be paid on their marching.

When the whole militia are ordered to be embodied, vacancies occafioned by default, or desertion, are filled by a ballot. When only part of the militia is embodied, notices are given by the conftables fo as to obtain a general mufter, and the deputy lieutenants having felected, by choice or ballot, the required number, the men answer to their names on being called over; the deputy lieutenants publicly declare who of them are to be embodied; it then becomes their duty to march immediately, and the rest are for the time discharged from further attendance, being first paid one fhilling per day for the time they are absent, but not exceeding three days. Thefe felections are not however purely arbitrary; for when the number required amounts to all that are contained in the first, or first and second claffes, formed as before mentioned, those men are to be taken in preference, and fo on, defcending through all the claffes, not touching the lower, till the higher is exhaufted. The deputy lieutenants too may reform the lifts of claffes, according to the circumstances which may have arisen fince their laft meeting. In cafe of vacancies in thefe partial embodyings, by default, or defertion, or in any other manner, a fresh ballot is to be made in the proper fubdivifion, according the rule before declared. Volunteers may be taken on these occafions, if under thirty-five, and unincumbered with children under fourteen years of age. The king may, at his pleasure, embody the refidue of the militia of any county or place, or any part of it; and he may, in like manner

Z 4

difem

difembody them, either in part, or in the whole; but the men are ftill fubject to the fame regulations as before they were

drawn out.

RELIEF OF FAMILIES WHEN THE MILITIA IS DRAWN OUT. If any non-commiffioned officer, or drummer, ballotted man or fubftitute, fhall, when embodied, and called out into actual fervice, leave a family unable to fupport themselves, the overseers of the parish, tything, or townfhip, where the family dwells, muft, by order of one juftice, pay to them out of the poor rates, a weekly allowance, not exceeding the price of one day's labour in husbandry, nor lefs than one fhilling for every child, under the age of ten years; and for the wife the fame fum; and if the rates are infufficient, a new one may be made for the purpose. This rate of allowance may be afcertained by the juftices, at the Michaelmas general quarter feffions, and will be binding on all other magistrates.

From the benefit of this allowance, the families of the following perfons are excluded: thofe who have net joined, or do not continue with their regiments; women who quit their abode without licence from magiftrates or overfeers, unless for the purpose of refiding with their husbands; the family of any man who, at the time of enrolment, fraudulently declared that he had neither wife nor family, or that he had not, when in fact he had, more than one child; unless however the militia-man, to the fatisfaction of the juftice to whom application for relief is made, undertakes to fupport all his family, except his wife and one child; the family of every non-commiffioned officer, or drummer, reduced to the ranks for mifconduct; and the families of fubftitutes who, after enrolment, have married without the confent of their colonel or commanding officer. The families of per fons in the last mentioned fituations, muft, if in diftrefs, be relieved as ordinary cafual poor, but others are not to be fo treated, nor to be fent to the workhoufe, nor deprived of their legal fettlements elsewhere; nor do the men forego the right of voting for members of parliament. The allowances fo paid by the overfeers of the parish, where the families happen to refide, are refunded by the treafurer of the county to which the militiamen belong, and by them demanded again from the parishes for which the men ferve, having been first allowed at a general quarter feflion. The payments made by overfeers are allowed in their accounts; but if they refufe, or neglect to pay, under any order, they incur a penalty of 5%

DISOBEDIENCE AND DESERTION. Every adjutant, ferjeantmajor, and drummer of the militia, is fubject to the acts for punifhing mutiny and defertion, and for the better payment of the army and their quarters, and to the articles of war, under the

command

command of the colonel or commanding officer, who may direct courts martial to be held for their trial, for any offence committed during the time the regiment or battalion was not embodied; but fo that no punishment fhall extend to life or limb; and if a fufficient number of officers belonging to the regiment cannot be found to form a court-martial, the commanding officer may order officers of militia regiments, refiding within ten miles, to affift as members, but their fentence cannot be put into execution, till confirmed by the commanding officer, by whofe order the court was aflembled. Serjeants, corporals, and drummers, may by order of a court-martial, be reduced to the ranks, there to ferve for fifteen months.

A ferjeant, corporal, or drummer abfenting himself from the place where the arms are depofited without a furlough, forfeits all pay during the period, and is liable to be treated as a deferter. A private not appearing, or not abiding the orders of the deputy lieutenants, is in the fame predicament. Substitutes not joining when the militia is embodied, may be apprehended and punished as deferters, or may, by fentence of court-martial, be ordered to ferve for a further limited time in the militia, or without limitation in the regulars. Deferters may be apprehended by means of a certificate, figned by their commanding officer, and tranfmitted to the adjutant, or ferjeant major of the battalion, or corps, ferving near where they are refiding; and they are paffed under a guard, from one militia regiment to another, till they reach their own, and justices being informed or knowing of deferters, may order them to prifon for fafe cuf tody, till a fufficient party is fent to convey them away. If the king publishes a proclamation for pardoning deferters on their joining their regiments, the commanding officers of militia, after the day mentioned in the proclamation is expired, fhall make lists of defaulters, deferters and absentees, and give them to the fubdivifion clerks, to be published in proper newspapers, for the expence of which the receiver general thall fupply mo ney; and all justices, magiftrates, conftables, and peace officers, may feize fuch perfons and lodge them in prifon, till a courtmartial can be held, which on their being identified, shall fentence them to serve in the regulars: the perfons apprehending them are entitled to a reward of 20s. above any reward given by the mutiny act, to be paid by the clerk of the regiment or battalion to which the deferter belongs, on warrant from the juftice before whom the deferter was committed.

PRIVILEGES OF THE MILITIA. For one year ending the 25th March 1805, certain allowances were directed to be made to officers who were not qualified by the poffeffion of property, to hold a captain's commiflion; that is to fay, to a lieutenant ar

furgeon,

furgeon, 251. 185. 6d., and to an enfign, 211. 75.; thefe could not extend to more than ten fenior lieutenants in any regiment, but were limited to smaller corps, in proportion to the number of companies. The permanent privileges are, that a half-pay officer in the regulars having a commiffion in the militia, not higher than that of lieutenant, does not forego his half-pay; a commiffion is not confidered a place of profit, fo as to vacate a feat in parliament; an officer in the militia cannot be compelled to ferve as fheriff; no officer, or private, is liable to penalty or punishment for his abfence, while going to vote for the election of a member of parliament; they are exempt from parish offices, and highway duty; men who have ferved in the militia when drawn out in actual service, may, if married, fet up and exercise any trade in any town in Great Britain, without moleftation, and not be fubject to removal, until actually chargeable to the parish. Chelfea penfioners do not renounce the benefits of that fituation by ferving in the militia; ferjeants, corporals, and drummers, after ferving twenty years, are entitled to be placed on that establishment, and fo are non-commiffioned officers and privates, if maimed or wounded in actual fervice.

FURTHER PARTICULARS. Regulations are alfo made for levying and apportioning a penalty of 10l. for every man, who ought to be raised in any county or place, but is not; for generally enforcing the execution of the law, and adminiftering the oaths. The lords lieutenants and deputy lieutenants are indemnified for acts done in execution of their office, in the fame manner as juftices of the peace. Fines, exceeding 20/. are to be recovered by action in any of the cours at Westminster; but finaller fines by proof on oath before one juftice, to be levied by diftrefs, and applied, where not otherwife particularly directed, to increase the public ftock of the regiment, in which they arife. No order or conviction is removeable by certiorari; and perfons fued for acts done in execution of their duty, if they gain a verdict, recover treble costs.

GENERAL EXCEPTIONS The city of London and the Tower hamlets, as to their militia, are regulated by particular acts of parliament; in the Stannaries, the lord warden arrays, affeffes, and mufters the tinners, according to immemorial privilege and custom; in the Cinque-ports, the iord-warden alfo exercifes the powers generally committed to the lords lieutenants of counties; in Suffex and Kent, the churchwardens and overfeers execute the powers elfewhere given to conftables, the Ifle of Wight furnishes its quota to the militia of Southampton, the powers for that purpose being vested in the governor, who appoints five deputies to attend him, the men remain for the internal defence of the ifland till the king directs otherwife; Berwick upon Tweed is fimilarly circumftançed