1 Laws of New Hampshire: Province Period 537 (Albert Stillman Batchellor ed., 1904)

Whereas the (P)sent State & Condition of this province doth of nesesity requier that the Inhabitants thereof Should be well armed & trained up in Art Military as well for the honour and Service of there moste Exelent Majestyes as for the (P)servation of there one lives & fortunes Bee it Enacted & ordained by the Leiftenante Governour Counsill & Representatives Convened in generall assembly And it is hereby Enacted & ordained by the authority of the Same that noe male (P)son w'tsoever from the adge of sixteene yeares & upwards remaine unlisted by themselves or masters Mistriss or Imployers under the Captaines in the respective places of there abode after there arivall or Coming to reside or Sojourne in any place within this province on penallty of twenty Shills & Soe for every month Such (P)son or (P)sons Shall remaine unlisted & that every Soldyer Shall be provided w'th a well fixed gun or fuse Sword or hatchet, Snapsack Catouch box, horne Charger & flints w'th six Charges of powder & soe Shall appeare when & where appointed upon penallty of five Shills for his defaulte in not appearing & three Shills for want of any of the aforesd gun armes or amunition above mentioned soe as the whole penallty at one time for one (P)son excede not ten Shills & that every Sooilder Shall have at his habitation & abode one pound of good pouder & twenty Sizable bullets on penallty of ten Shills for each defaulte & that each (P)son Shall bring the Same into feild when Com'anded on the like penallty of tenn Shillings soe as the whole penallty for one (P)son at one time excede not fifteene Shillings And it is hereby further Enacted by the authority aforesaid that it Shall and maye be lawfull for any (P)son or (P)sons that by Reason of urgent occasions or other Emergency Cannot appeare upon the guard or watches to put a well Armed man in theire roome who if approved of by the Captaine of the Guard shall excuse his or theire absence & all (P)sons listed as afores'd under the respective Captaines in the Severall places of there abode shall readily attend & Serve on watches & wards when appointed under the penallty of three shills for each defaulte & in Case any (P)son be not able to provide himself armes & ammunition as afores'd through poverty, if he be Single he Shall be put to Service by any Justice of the pease w'thin this province to procure him estate to purchase Such armes & ammunition & that his or theire master or mistriss shall finde & provide his armes & am'unition during his Service And it is allsoe further Enacted by the authority aforesd that noe (P)son whatsoever presume to fire any Small armes after Eight of the Clock of night unless in Case of Alarme Insurrection or other lawfull occasions & in either of the S'd Cases three muskets or Small armes distinctly fiered or where grete guns are the fiering of one grete gun & two musketts or Small armes distinctly & benting of drum Shall be taken for an alarm & every (P)son that Shall neglect his duty in takeing & giving forward an Alarm by fiering as afores'd or Shall be guilty of fiering Small armes after Eight of the Clock at night unless as afores'd Shall be fined forty Shills: & in Case of Such allarme every Souilder is Imediately to repare armed to his Coullours or Courte of guard upon the penallty of five pounds & it is hereby likewise further Enacted by the authority aforesd that the Comission officers in each respective towne w'thin this province Shall be a Com'itte of Militia for the ordering the military affaires of the towne for the Settlem't garrisons appoynting the Severall Inhabitants there to theire respective places & garrisons & orderind watching Scouting prohibiting fireing of guns by daye as they Shall See Occasion & the Severall Inhabitants are hereby required to yeilde due obedience to the orders of the S'd Comitte on penallty of fine not Exceding twenty shills or riding the wooden horse or other Military Corporall punishment to be Inflicted upon the offenders at the discretion of the s'd Comitte & it is further Enacted & declared by the Authority afores'd that all fines & forfitures mentioned in this act & not otherwise to be disposed of Shall be levyed by distress & Sale of the offenders goods by the Captaines warrant for that purpose to be granted to the Clerke of Such Company to be Improved & laide oute for the use of the Company to defraye the publick Charge thereof & it is further Enacted by the authority afores'd that all Captaines & other Com'ision officers are hereby required to yeild ready & due obedience to all orders & warrants they shall from tyme to time receive from the Gove'r Left Governour or Com'ander in Cheife for the time being, or Major of thee Regiment on penallty of five pounds for every neglect or defaulte to be Leyved by distress & Sale of the offenders goods by warrant from the Major to the Sherriff of the province one halfe thereof to be to the use of our Soveraigne lord & laidy King William & Queen Mary theire heires & Sucsesors & the other halfe to him or them thnt Shall Informe for the Same & it is further Enacted & ordained by the authority afores'd that noe (P)son Soe listed Towne forthw'th to march (under Such Conduct as the s'd Cheife Officer of the Towne shall appointe) to the releife of any Towne or Garrison Soe attacked & not to waite any further orders of any superiour authority for there March leaste the time of doeing Service Should be elapsed & in Case any (P)son or (P)sons Soe listed or detached as afores'd Shall refuse or neglect (upon notice given) Such March or attendance upon Such Service shall paye a fine not Exceding forty Shills to be disposed of w'th Such Corporall military punishment at the direction of the Capt't or Cheife officer of the towne & for the provention of advantage or Encourigment to the Enemy during this (P)sent war It is hereby Enacted & ordained by the authority afores'd that noe Ind'n Corne be Stowed or left at any remote ungarrisons houses or places but all brought w'thin Commande of Some garrison or garrisons on penallty of paying five Shills a daye by the owner of the S'd Corne for every daye Such Corne Shall Soe remaine Stored or left at any remote ungarisand houses or place after notice thereof given to Such owner by one of the Committe of Militia of the Towne wherto Such owner doth or maye belong Such penallty to be levyed by distress & Sale of the offenders goods by warrante from the Comitte of mylitia to be disposed of by them for the use of the garison Such offendrs Shall belong unto & be it further Enacted by the authority afores'd that in Case of the Enemyes attackt of our Neighbours in the County of Yorke in the province of the masithutets baye it Shall & maye be in the power of the (P)sent Left Gov'r w'th the advice & Consent of the Counsill & to raise & detache men in the moste Convenianta parte of this province & to order there March unto the S'd County of Yorke for the releife & Assistance of there Majestyes Subjects there provided allwayes & it is hereby further Enacted & declared by the authority afores'd that nothing in this act Contained Shall be expounded Construed or understood to diminish allter or abridg the power of the Gov'r Left Gov'r or Comander in Cheife for the time being but that in all things & upon all occasions he or they maye act as fully & freely as any Gov'r Left Gov'r or Com'ander in Cheife ought or mighte doe to all intents & purposes as if this act had never been made any thing in this act contained to the Contrary notw'thstanding provided & it is hereby Enacted & declared by the authority afores'd that all the members of theire Majestyes Counsill Justices of the pease Sheriffs ministers Treasurer of there Majestyes province Collector or deputy Collector Searcher & Survaiour of there Majestyes Customs Schoolmasters & Chyrurgeons Shall be freed from being listed in any Company w'thin this Province & from all watching & warding or other military duty anything herein before Contained to the Contrary thereof in any wise notwithstanding—