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432 African Memoranda. [jpp. no. 2- the same to (or affirmation, if he be one of the people called quakers) impartially to or^affiimati- ass ’ st to try and determine, to the best of his understanding, the case on. that shall be brought before him. In this court, all the witnesses shall Witnesses to • be examined be examined on oath, the whole process shall be written, and not fewer on oath, writ-(] ian eight o f jts members shall be a majority competent to award ten process. ° J J 1 judgment. CHAP. V.—Of the public defence. Militia. Article I. As public safety is no less necessary than public ordey, we find it expedient to institute a militia, in which every male between the ages of sixteen and sixty, not having religious scruples to the contrary, shall be enrolled. How armed Art. II. They shall each be furnished with a musket, bayonet, and andexercised. ' proper accoutrements, and shall assemble once a week on the public parade, to learn the use of arms. Subject.while Art. III. Sensible that an armed force cannot be maintained with- ruiderarms, to ,,.... , , , . , , . military law. out discipline, we hereby subject ourselves, while under arms, to an annual act of the British parliament, entitled, “ An act for punishing “ mutiny and desertion, and for the better payment of the army and their quarters;” provided the punishment do not extend to death. Officers how Art. IV. The officers of this militia (except the governor and lieutenant-governor) shall be elected by ballot from the heads of fa milies. Testingclause. In witness of all, and the several clauses and agreements herein-be- fore contained, we the said settlers have each of us hereunto severally set our hands and seals, the day and year first above written.