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L.H.J.
Liber No. 50
May 5
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in the Sheriff's Custody, until they find Surety to appear at the next
Provincial Court, there to be proceeded against according to the due
Course of Law, and if thereupon they shall be convict of such obsti-
nate Refusal, or Disobedience as aforesaid, they are to be fined and
imprisoned according to the Directions of the Justices of the Pro-
vincial Court.
It was undoubtedly the Intention of the Legislature, by which the
Act of 1715 was made, that every Part of the Militia, should be a
Militia for the Defence of any and every Part of the Province, when
called upon for that Purpose; there are several Expressions in the
Law that imply as much; such are, " in and at such Places, &c. at
the Service, Safety, or Defence of this Province shall require, or as
his Excellency, &c. shall see Cause to order. Such Soldiers as shall,
in the Time of War, adventure in the Service of the Country. For
the Encouragement of such Soldiers as shall, in the Time of War,
adventure in the Service of this Country. For the Encouragement
of such Soldiers as shall adventure their Lives in the Service and
Defence of this Province. Every Person that shall adventure as a
Soldier in any War, or Defence of this Province, and shall therein
happen to be maimed, &c. shall, according to his Disability, receive a
yearly Pension, to be raised out of the public Levy of this Province.
And every Person slain in the Service of this Province, leaving behind
him a Wife, &c. the Party petitioning for such Pensions and Allow-
ances, procuring a Certificate from the County Court where he, she,
or they live. All Soldiers hereafter to be employed in any public
Service within this Province, be paid in the respective Counties
where the said Soldiers live." Had these Soldiers, or Militia been
to serve only in Defence of the County where they lived, and not in
Defence of any other Part of the Country, the Legislature would
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p. 166
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probably have left it to the County to pay them, and not have laid
that Burthen on all the Taxables of this Province.
But tho' there was no Expression in the Act to give Countenance
to such Construction, yet surely if there be no Expression limiting or
restraining Parts of the Militia to the Defence of certain Parts of
the Province, from the very Nature of the Thing it would not be
otherwise; for the Strength and Defence of every Country consists
in the united Force of the Individuals of that Country or State; and
as every Member of a State is originally bound in Duty to aid and
assist in the Defence thereof, he is undoubtedly obliged to aid and
assist in the Defence of every Part of it; for otherwise the Whole
must be easily destroyed by a gradual Destruction of each and every
Part.
There was indeed an Act made here in the Year 1649 or 1650,
and which is mentioned in one that was made in 1676 as being then
in force, whereby it is Declared, that if the Lord Proprietary, his
Heirs, &c. " shall at any Time hereafter make any War out of the
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