1756.

Times of Exercife of the MILITIA,

Claufe 23. Enacts, that within one month after the rolls are returned from the perfons acting for the hundreds or divifions, the lord-lieutenant, together with any two or more deputies, or, in his abfence, any five or more deputies fhall meet, and form and order the militia for their respective counties, ridings, or places, into regiments, confifting, where the number will admit, of twelve, but in no cafe of less than feven companies, of 80 mea each, living as near each other as conve niently can be, and fhall poft to each company proper commiffioned and noncommiffioned officers: And fuch militia fhall be trained and exercifed as follows:

Twenty men at leaft at each place, or fo B
many as live within the distance after-
mentioned, fhall be exercised on three
Sundays in every month, and in half com.
panies at least on the fourth Sunday, be-
fore or after divine fervice, from the be-
ginning of February to the end of Octo-
ber; and in regiments, or by battalions
once in every year, on Tueflay, Wedneíday, C
Thurfday and Friday in Whitfun-week, at
places of cxercife to be appointed within
the refpective counties, ridings or places,
by the lord-lieutenant, together with any
two or more deputies, or, in his abfence,
by any five or more deputies, as conve-
nient to the refpective abodes of the mi-
tia men as may be, and fo as fuch mili-
tia men may not be obliged to travel from D
home above fix miles to perform fuch ex-
ercife on Sundays; of which feveral
places of exercife notice fhall be fent to
the chief conflables or officers of the fe-
veral hundreds or other divifions, with
directions to forward the fame to the
petty conftables or under-officers of the
parishes or fubdivifions, to be by them
fixed on the doors of the refpective
churches or chapels, or of the next ad.
joining where there is no church or cha-
pel; and at which places of exercife all
the refpective militia men fhall attend on
the days above-mentioned, and at the times
appointed, and all (Diffenters excepted)
mhall there attend divine fervice. And that

the lord-lieutenant hall from time to time,
as occafion hail require, appoint a regi
mental clerk, and alfo a ferjeant-major out
of the ferjeants, and a drum major out
of the drummers to each regiment.

Claufe 24. That in any county, &c. where the number of men to be raised fhall not be fufficient to form a regiment, fuch companies shall be under the command of the lord-lieutenant, and one field officer, one adjutant of no higher rank than a fubaltern, one ferjeant-major, and one drum-major, and a clerk fhall be appointed for the militia of fuch county, &c. and the whole thereof shall every year in Whitfun-week be trained

333

and exercised as the regiments in other

counties.

Claufe 25. Provides, that where 20 militia men cannot be got together, the lord-lieutenant, &c. fhall order fuch fmaller numbers to be trained and exercifed by fuch perfon or perfons as he or they shall think fit.

Claufe 26. Enacts, that one commiffion officer shall attend the exercise of his men in half companies, as often as convenient, infped the state of their arms, clothes and accoutrements, and forthwith tranfmit a report in writing to the lordlieutenant, or commanding officer of the regiment.

Claufe 27. Enacts, that the captain of each company thall depofit with the church or chapel wardens, or one of them, of every parish, or fubdivifion, wherein any of his militia men thall dwell, or if extraparochial, of the adjoining parish, of the arms, clothes, and accoutrements provided for them: That the church or chapel wardens, or one of them, fhall provide, at the parish expence, a removable rack, in wh eh he shall keep, in fome dry part of his houfe, under lock and key, the faid arms; and a cheft in which he hall keep, under lock and key, the faid clothes and accoutrements; and take care that, after exercife, every man cleans and returns his arms, clothes, and accoutrements; and at the end of his year to

deliver to his fucceffor in office the faid rack, cheft, arms, clothes, and accoutrements: And that the ferjeant, or other perfon, appointed by the lord-lieutenant to train and difcipline the men, shall, in the prefence of a church or chapel warden, or overfeer of the poor of the parish, or other fubdivifion where fuch militia men fhall exercife on Sunday, call over the names of the militia men fo appointed to be exercifed, and once in every week fhall certify in writing to fome neighbouring justice the names of the men abfent, either from divine fervice or exercife, with the reafons of their absence, if known to him, (which certificate thall be figned by the church or chapel warden or overfeer and thail alfo, at the fame time, certify if any of the faid militia men be difobedient, or otherwise misbehave themfelves. And it impowers the faid juftice, on proof thereof made upon oath, to fine every fuch abfent man, whofe excufe he fhall not allow of, for the first time one Ghilling, or, upon non-payment immedi

F

ately, to be fet in the stocks for one hour; for the 24 time half a crown, or, upon non-payment, to be committed to the house of correction for four days; and for the 3d, and every other fuch offence, 5s, or, upon non-payment, to be committed

334

LETTER to a LADY.

mitted to the house of correction for any time not exceeding one month, or until fuch fine be paid.

Claufe 28. Enacts, that for a militia man's being drunk at the time of exercife, he fhail forfeit one day's pay, and be fet in the ftocks for an hour: For be

A

B

ing difobedient or infolent to his officer,
he fhall forfeit half a crown, or, upon
non-payment, to be committed to the
houfe of correction for four days, for the
first offence; 5s. or to be committed for
7 days, for the 2d offence; and for the
3d, and every other offence, to be com-
mitted for any time, not exceeding a
month: For his felling, pawning, or
lofing any of his arms, clothes, or accou-
trements, to forfeit a fum not exceeding
31. or, on non-payment, to be commit-
ted for a month, and until he makes fatis-
faction; and if unable to make fatisfac-
tion, for three months: For refusing or
neglecting to return his arms, clothes and
accoutrements in good order, on the Sun-
day after exercife, or the next day, to C
forfeit half a crown, or to be commit-
ted for 7 days: And for refuting or neg-
lecting to return the fame on or before
the Tucfday after Whitfun-week, to for-
feit a crown, or to be committed for 14
days: The conviction for all thefe of-
fences to be upon oath before fome juftice
of peace.

Claufe 29. Enacts, that a church or chapel warden refufing or neglecting to complain, within three days, to fome neighbouring juftice, of a militia man's not having returned his arms, &c. fhall, on conviction upon oath before a juftice, forfeit zos. to be levied by diftrefs, &c.

Claufe 30. Enacts, that a non-commiffion officer, or private militia man being convicted on oath before a juftice, of having been abfent from the annual meeting of the militia, he fhall forfeit ros. for each day's abfence, or, on non-payment, be committed to the houfe of correction for a month.

Claufe 31. Enas, that if a non-commiffion officer be negligent in his duty, or infolent, or difobedient to the orders of the adjutant, or other his fuperior officer, on being convicted thereof before a juftice, upon the oath of the adjutant or officer, he fhall forfeit a fum not exceeding 30s. or, on non-payment, be committed to the houfe of correction for 14 days; and may be difcharged the militia, if the lord-lieutenant thinks fit.

Claufe 32. Enacts, that all militia mufkets fhall be marked with the letter M, and the name of the place they belong to. Claufe 33. Enacts, that if any perfon hall knowingly and willing'y buy, take

July

in exchange, conceal, or otherwife receive, contrary to the intent of this act, any militia man's arms, clothes, or accoutrements, on being convicted thereof upon oath before a justice, he shall forfeit 51. or, on non-payment, be committed to the common goal for 3 months, or be publickly whipped, at the difcretion of the justice.

Claufe 34. Provides, that no officer or private militia man shall be liable to any penalty on account of abfence, whilft he is going to vote, or returning from voting, at any parliament election.

Claule 35. Enas, that the ferjeants fhall receive all their military orders from the adjutant and their fuperior officers; and requires that they report, from time to time, all crimes and mifdemeanours of the feveral militia men under their command to their adjutant, and to their fuperior officers, or fome civil magistrate, as the cafe fhall require.

Claufe 36. Enacts, that all fines and forfeitures, the manner of recovery whereof is not particularly provided for, (hall, upon proof on oath before any juftice of the peace where the offence is committed, be levied by diftrefs; or if a fufficient diftrefs cannot be found, the juftice thall commit the offender to the common goal, for any time not exceeding three months: That where the application is not partiD cularly provided for, the fines and forfeitures fhall be made a common flock in each hundred or divifion, and paid to the regimental clerk, who fhall give an account thereof to the deputies and commiffioners at their next meeting: That the faid deputies and commiffioners fall caufe butts to be erected in fome conve nient place, and thall direct the regimental clerk, with part of the money fo arifing, to provide a proper quantity of powder and ball, to be used by the militia men in fhooting at marks: That they fhall difpofe of fuch other part thereof as they fhall think reafonabie, in fome prize or prizes, to be given to fuch militia man, or men, as fhail by the commanding officer, then prefent, be adjudged the best marksman or men: And that they fhall apply the refidue to other contingencies relating to the militia within fuch hundred or divifion.

E

GI

[To be concluded in our next.]

To Miss C-PELL. (See page 279.) Was juft awaked from fleep this morning, and ruminating on the fubje&t of my laft; when falling into a fresh ilmber, I found myfelt in a delicious vale, interfperfed with numberless little groves of the most delightful verdure; and wa

tered

in bioffom, the birds in full song, and all C than perhaps you intended they should. was joy and harmony.

F

It was long before I could withdraw my eyes from fo pleasing an object, or had leifure to obferve that you was attended by two of your admirers, but of very dif ferent afpect and behaviour. The firft approached you with an eafy familiarity; he fung and danced, and thewed his perfon in every attitude which he thought could pleafe; an agreeable form, and a certain air and manner, in faying and doing things in tafle, feem'd to conftitute G the whole of his character, and he might

(b) Rem. viii. 26.

CXIX. 105, 15: (c) Ifai. 1. 10. (f) Pfalm xix. 7, 8. ard cxix. (g) Pla xix. 1o. Prov. 8. 10, 11. (b) Pf.lm xix, 8, (4) Pjam cxix. 28, 50, 143, 165.

336

Ufefulness and Excellency of the SCRIPTURES. July

Am I perplex'd with doubts and fears (?)?
Thy word of grace
Refolves the cafe,

And fo my clouded judgment clears.
Or do defpairing thoughts me take (m)?
Thy word doth give

Me hopes to live

For CHRIST my dearest Saviour's fake.
Do multitudes of thoughts me prefs (n)?
I call to mind

Thy word, and find

Such comforts as my foul refresh.
Can't I through weakness walk alone (6)?
Thy word, LORD, is

Strength to my knees,

'Tisheav'n tranfcrib'd and glorypenn'd[kk)! God's mind, no doubt (1),

Was copy'd out

When he this gift to men did fend.
'Tis truth itfel: God does intend (mm)
Man's word fhall fall,

Heav'n, earth and all,

A But this fhall never have an end.
My foul, admire that hand and quill (""),
That did produce,

And staff to stay my hand upon.
Thus tho' I ink, faint, hunger, pine (p), B
Thy word me feeds (9)

In thefe my needs (r):

Thy word itfelf is bread, milk, wine.
Thus tho' poor fcorn'd, forlaken,pain'd (s),
Thy word alone

Health, wealth, friends, honours; all contain'd.

Hath all in one;

Thus tho' foul- fick and wounded fore (t)

Then

2

With grievous fin,

per equations given

x =

I

35

--

had (u),

And doth me guide (x)

TO CHRIST's pierc'd fide,

Whence flows the balm of Gilead.

Yea, tho' in me no life remain (y),

Thy word is good (z),

And living food (aa),

Which fetcheth me to life again.

Would I prolong this life for ever (lb)?

The fcripture fhows (cc)
Whence water flows,

Pure ftreams, which whofo drinks, dies E

(1) As xvi.

29, 32

(m) Pfalm cxix.

and xix. 8.
(r) Ifai. Iv. 1.

(p) Matt. iv. 4.

(a) John v. 37.

(y) 1 Pet. 1. 23.

93, 116.

(3) Palm cxix. 51. Prov. iv. 20, 22.

(x) Jer. viii. 22.

Jine,

(n) Palm xciv. 19. (g) 1 Peter ii. 2. (1) John ii. 1, 2. (2) Pfalm cxix. (cc) Ifai.

(aa) Phil. ii. 16. Jam. i. 18. (bb) Pfalm xxxvi. 9. Iv. 1. John iv. 10, 14. (dd) Plaim xxii. Ifai. Iv. 2. (ce) i Peter i. 23. 25(f) Pfalm cxix. 32, 105. (g) James 21. (bb) Jer. xxxii. 39. (ii) Pfalm xix. 1c. and cxix. 72, 162. (kk) Prov. viii. 10, 11. (!) Febn xvii. 17. (mm) Pfalm cxix. 89, 142, 151, 152, 160. Merk xiu. 31.

227.

(cv) 1 Car. ii. 7, 9, 10.

(n) Pfalm cxix. 18,

1755. SUMMARY of PARLIAMENTARY AFFAIRS. 337

line, as he ought to have taken all advansages to deftroy the French, and not rifqued a battle on equal terms, when he could do otherwife.

2. Because he did not lead the van, but gave the command, and his post of honour and danger to his rear-chef d'efcadre; whereas he fhould have led the van, A and by example fpirited on the other hips: Which fhews he did not intend any harm to the enemy.

3. That he might have prevented his fhips from being raked by the enemy, as he had the windward gage, but did not prevent it.

4. That he fuffered his own fhip (ac. cording to his own words) to fuftain the B fire of the enemy for fome time before he engaged his adversary.

5. That we fufpe&t this 4th article, because it is improbable that two capital hips fhould engage, without having a man killed or wounded.

6. That it must be owing to ill conduct, for one fingle ship to put the whole line in diforder, by only loting her foretop-maft; whereas it might have been repaired in a few hours.-N. B. What became of her bowlings, or had the any to her fails?

7. As the enemy was not to be feen for five days after, he might have landed his forces, or at least peeped into Mahon; but as he did neither, we think he was afraid of meeting the enemy again off the D mouth of the harbour.But it seems it was not bis fighting day.

8. By this ill conduct he left the enemy mafters of the feas.

9. We look upon his account that the enemy failed as three to one, to be a miftake, owing to a panick; because, if it had been true, they had it in their power, in the attempt they made, to have gained the windward gage, by eating us out of the wind.

10. That it does not appear that Mr. Bung intended any fkirmish, if the French had not rudely begun firing upon his hips.

E

11. That as the faid Bung had the windward gage, he might have run close F on board the enemy, and with his crowd of fail becalmed them; the confequence would have been a victory, as their hips could not have edged away three feet in an hour.

12. As he had thirteen fail of the line to the enemy's twelve, and fifty-two guns more than they, he ought not to have acted G as a fribble, and more especially as Mahon was at stake.

For thefe and many more reasons we expect he should be brought immediately to the gang way, to receive his reward July, 1756,

for misdemeanors fo malignant. (See p. 263.)

TH

A Summary of the most important Affairs in the last Seffion of Parliament. HURSDAY, November 13, 1755, being the day appointed by proctamation for the parliament to meet for the difpatch of bufinefs, his majefty came to the houfe of peers, and opened the fefflon with a moft gracious fpeech from the throne, which the reader may fee in our Magazine for last year, p. 510. His majefty being withdrawn, and the fpeech, as ufual, read in the houfe of lords by the lord chancellor, the duke of Marlborough ftood up, and moved to refolve, that an humble addrefs be prefented to his majefty, to return his majefty our unfeigned thanks for his moft gracious fpeech from the throne.

To acknowledge, that his majefty's paternal regard for the welfare and profperity of his people, which had been so confpicuous upon all occafions, had, in this critical conjuncture, been demonstrated by his majesty's earnest defire to preserve us from the calamities of war, and by his royal firmness, in not yielding to any terms of accommodation that were not reasonable and honourable.

To declare, that when we confider the high importance of the British poffeffions and rights in America, to the commerce and well-being of thefe kingdoms, we cannot but refiect with concern, as well as refentment, that in a time of full peace, and contrary to the faith of the most folemn treaties, fo many encroachments fhould have been committed on the part of France; that nothing can exceed our furprize at fuch a conduct, but our gratitude to his majefty, for fo powerfully exerting his royal care to protect his colonies from fuch invafions and infults, and to redress thofe encroachments, which had been fo unjustly made; and that if any power could have been fo miftaken, as to imagine that his majesty, or his parliament, would remain unactive spectators of such unprovoked hoftilities, they muft before now have been convinced of their