R.] Outline of Local Militia Act. 409 years,' and before enrolment to be examined upon oath, in the form set out in the Act, as to their residence, age, and family.2 Persons insuring against the payment of Ballot fines and penalties or paying beyond two guineas (the Bounty under the Act) to Volunteers to serve in discharge of any county, &c., were fined 50%. for every offence, for no balloted person was allowed to provide a substitute.* With the consent of the inhabitants, Volunteers belonging to the same or some adjoining place might be enrolled, and a rate established, to the payment of which persons in the Local or Regular Militia were not liable, for paying bounties not exceeding two guineas each. If persons between 18 and 35, not under 5 feet 2 inches, fit for military service, and not having more than two children under 14, voluntarily enrolled themselves to the full quota, no Ballot was to take place in that parish." There were the ordinary exemptions from service, including therein poor men having more than two children. Those who had served personally in, or provided a substitute, or paid a fine, for the Regular Militia or Additional Force, were not liable to serve until four years after the expiration of the period of service, or payment of fine, or six years after the enrolment of such substitute. Persons who had fined, and those who had served in the Local Militia, were exempted from service therein for two years from the payment of fine or expiration of service. During their period of service in the Local Militia, and for one year after, men were exempted from service in the Regular Militia; but if they neglected to train in the Local, they were to be at once enrolled in the Regular Militia. Persons balloted but not appearing to be enrolled were fined according to their circumstances. Persons imprisoned for nonpayment of fines, or for refusing to take the oath, or neglecting to attend the annual training, were, after imprisonment, to serve for four years.9 9 The enrolment of servants was 10 allowed, as in the General Militia; and Local Militiamen (save apprentices) might enlist into the Army, Navy, or Marines, or enrol as substitutes or Volunteers in the Regular Militia of the same or some adjoining county." An apprentice could not volunteer, or, being a member of a Volunteer Corps, transfer himself into the Local Militia without the consent of his master; but Ballot, enrolment, and service under the Act were not in any manner to affect any Indenture of Apprenticeship.' Any other person between 18 and 35 years of age, and 5 feet 2 inches in height, not having more than two children under 14 (including members of Volunteer Corps), might voluntarily enrol himself in the Local Militia, to supply a vacancy therein." 3 The Local Militia, when embodied and drawn out, were entitled to the same pay and allowances as the Regular Militia, to an allowance for necessaries, to the benefit of Chelsea Hospital, and one guinea was to be paid to each man out on actual service, or be laid out for his advantage.* The King might put the force under the command of General Officers of the Regular Forces or the Regular Militia, and order it to be called out yearly to be trained, for not more than 28 days in each year. It was not to be marched out of the county, unless into the adjoining one for the convenience of training.5 The Lord-Lieutenant, for the suppression of any riot in the county, or in any adjoining county, might call out the Force; which was to be deemed an assembling for training, and to be notified to the Secretary of State. If so assembled for more than 28 days in one year, the extra days were to be deemed part of the training of the succeeding year." When enrolled or assembled for training, or for the suppression of riot or invasion, the Force was to be subject to the Mutiny Act and Articles of War, but no punishment was to extend to life or limb.7 A Local Militiaman (not labouring under any infirmity, &c.) absenting himself from exercise was to be "deemed a deserter," and, if not taken until after the time of exercise, was to forfeit 201. or to be imprisoned. When these men did not return, or were not taken within three months, others were balloted; but, on their return or capture, they were to serve as if no persons had been chosen in their room.8 The arms, accoutrements, clothing, and other stores, were to be kept in the place directed by the Commandant, and a general meeting of the Lieutenancy might order a proper place, if one could not be found, for the purpose of keeping such arms, &c., to be built out of the county rates. The Permanent Staff were to be under the command of the Adjutant, and they were to reside constantly within the place where the arms were kept, or as to the staff, within one mile, or as to the Adjutant, within two miles of it." The Serjeants, &c., on permanent pay might be employed within 1 Sec. 65. 4 Sec. 132. 2 Sec. 66. 7 Secs. 94, 123, and 137. 3 Secs. 85, 86, and 129. 9 Secs. 115, 118. R.] Outline of Local Militia Act. 411 their county under the command of the Adjutant, in raising Volunteers for the Regular Forces or Militia.1 In case of actual invasion or appearance of an enemy in force upon the coast of any part of the United Kingdom, and in all cases of rebellion and insurrection, the Local Militia, by Order in Council or Proclamation, might be embodied and marched into any part of Great Britain, and kept embodied for any period not exceeding six weeks after the enemy had been driven from the coast, or the rebellion or insurrection had been suppressed; but the Force was not on any account to be ordered to go out of Great Britain.2 There was the usual provision that, when the Local Militia was embodied, the King should issue a proclamation for the meeting of Parliament. When an embodied Regiment was out of its county, a list of men whose time was within four months of expiring,—and when a Regiment was assembled for annual training, a list of men whose time would expire in the ensuing year, and who, in both cases, were willing, at a price not exceeding two guineas, to continue in the service as men then balloted for,-were to be made out by the Commanding Officers and signed by the men. The Deputy-Lieutenants might then re-enrol them as Volunteers for the place for which they were originally enrolled to serve, and pay their Bounties." As a punishment for enrolled men not joining, or deserting, or absenting themselves from duty, they might be adjudged to further service in the Local or Regular Militia for some period to be limited by the Court-martial, or to service in his Majesty's other forces, without limitation as to the period or place of service. Persons neglecting to attend the Ballot forfeited 10%., and were liable to be embodied and to serve over and above the number of men to be chosen by Ballot." There was a power given to the Crown to increase the Local Militia by Proclamation, that in addition to the number of men required by or under the foregoing provisions of the Act, there should be forthwith raised and enrolled such number of men as would, in addition to and together with and including the effective Yeomanry and Volunteers serving in such county or such division, or part of such county, together with the Local Militia raised for such county under the provisions of the Act, make the whole Force 1 Sec. 119. Order, 1813, August 1st; vol. iv. A. R., p. 177; vol. v. ib., p. 50. 2 Secs. 123-125. 3 Secs. 133-136. This punishment has been sanctioned by Parliament in several other Enactments (see 42 Geo. III., c. 90, sec. 125; 43 Geo III., c. 50. sec. 5); but, when it was submitted to Parliament in 1867 as the proper punishment for a deserter from the Militia Reserve, it was withdrawn with an apology. 187 H. D. (3), p. 880; and see 121 ib., p. 921. 6 Sec. 140. 6 Sec. 137. of such county equal to six times the original quota of such county, under the General Militia Act: provided that the effective Yeomanry and Volunteers should be exclusive of supernumeraries serving without pay above the Establishment of such Corps enrolled after the first day of April, 1808.1 The Crown, by Proclamation, might reduce and disembody this additional number. The men were to remain liable to serve, and to supply vacancies, for the period for which they were enrolled. No Ballot was to take place while such vacancies could be so supplied.2 That the Local Militia should be completed within a definite period, the Act provided that counties, &c., for which the full number of men had not been enrolled before the 14th day of February, should be fined 15l. for every man deficient in each parish, to be rated proportionally to the number of men to be raised. The parishes fined, and afterwards supplying the deficiencies, were to be entitled to deduct or to have a return of two-thirds for every man enrolled before the 14th of March, and one-third for every man enrolled before the 1st of April.3 Persons serving under the Act, whose property did not exceed the annual value of 201., were wholly exempt from the rate of payment of fines, and when their property exceeded such sum they were to be rated only to the amount by which such property exceeded the annual sum of 201.* The services of the Local Militia were brought to a termination under the following Act and Order in Council :5– (a.) 56 Geo. III., c. 3, sec. 38, May 21, 1816.-By this Act his Majesty was authorised, by an Order in Council, to direct that no Ballot or enrolment for the Local Militia should take place, and that such Ballot and enrolment should remain and continue suspended for the period specified in such Order in Council, and from time to time by any like Order or Orders in Council to continue such suspension so long as his Majesty should deem the same. expedient. (b.) June 27, 1816.-By Order in Council of this date, in pursuance of the above-mentioned Act, it was ordered that no Ballot or enrolment for the Local Militia do take place from and after the date of this Order for the space of one year, but that the Ballot and enrolment for the Local Militia do remain and continue suspended for the space of one year from the date of this Order. Orders were annually made by the Privy Council up to and inclusive of the year 1836, but no subsequent Order can be traced. 1 Sec. 155. 3 One Return shews that the sum of 70,6111. 68. for Fines (65 Com. Journ., p. 610). 4 Sec. 190. 2 Sec. 157. 8d. was paid to the Exchequer 5 33 H. D. (O. S.), p. 1008. ILLUSTRATIONS. (I.) Chapter I., par. 11. INDENTURE-CONTAINING AN INVENTORY OF THE ARMAMENT AND FURNITURE OF THE CASTLE OF BERWICK ON TWEED, IN 1539. Twede, THYS INDENTURE, made at the Towne of Berwyke upon the 20th daye of the Moneth of January, in the Thyrti yere of y Reigne off our Soverain Lorde Kinge Henry the 8th, Bitwene Sr Christopher Moryce, and S Raynold Carnaby, Knightes, Robert Collynwood, Leonell Graye, and John Horseley, Esquires, Commissioners assigned and auctorised by our sayd Soverain Lorde the King's Highness, That Whereas the King's Highness haith directyd his Commissyon under his Prevy Seale, by the sayd Commissioners, bering date at the Pallays off Westmynster the 22nd Daye off the Moneth of December laste paste, wherin ys contayned the Resoorte of the sayd Commissioners to the Towne off Berwyke, at the 11th or 12th daye of the said Moneth of January, to reseave the same Towne, Castell, and Towre of Berwyke, wyth all the Kayes of the Lokks of all the Gaytes and Posterns off the said Towne, Castell, and Towre, as also all the Ordenaunces, Municyons, Artillarye, and other Habilyments of Warre therto belongynge, of St Thomas Clyfford or his Assignes, and to deliver the said Towne, Castell, and Towre, with all the Ordenaunces, Municyons, Artillarye, and other Habilyments off Warre therto belonginge into the Handes, Custodye, and Possessyon of Sr. Willyam Ewry, als Ivers Knight on the oon Partye, and the said S. Willyam Ewry, alias Ivers on the other Partye, WITNESSETH that the sayd Commissyoners, accordinge to the said Commissyon, have reseavyd and delyvered the sayd Towne, Castell, and Towre of the Brydge, with all the Kayes of the Lokks of all the Gaites, Posterns, as also with all the Ordenaunces, Municyons, Artillarye, and Habillyments of Warre thereto belonginge into the Handes, Custodye, and Possessyon of Sr William Ewry, ats Ivers, to the Kings use, the 20th daye of January aforesayd, Nevertheless the said S William Ewry, als Ivers, was |