Militia (Scotland) Act 1802 facts for kids
| Act of Parliament | |
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| Long title | An Act to raise and establish a Militia Force in Scotland. |
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| Citation | 42 Geo. 3. c. 91 |
| Territorial extent | Scotland |
| Dates | |
| Royal assent | 26 June 1802 |
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Status: Repealed
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The Militia (Scotland) Act 1802 was a special law passed by the Parliament of the United Kingdom in 1802. This law was about the Militia, which was a local army group. Its job was to defend the country, not fight wars overseas. This specific law was made for Scotland. Other similar laws were passed for England, Wales, and Ireland in the same year.
Contents
What the Militia Act Did
This Act basically brought the same rules to Scotland that were already in place for the Militia in England and Wales. It combined many older laws about the Militia, especially those made during the French Revolutionary Wars. This helped to make the rules clearer and the same for everyone.
The Act created an "Old Militia" for Scotland. This group was planned to have 8,000 soldiers. It also allowed for a "Supplementary Militia." This extra group could be half the size of the "Old Militia." They could be called up if Parliament agreed it was needed.
How Soldiers Were Chosen
Each area's main leader, called the Lord Lieutenant, decided how many men each part of their county needed to provide. Local police officers, called parish constables, made lists of all men who could serve. These men had to be between 18 and 45 years old.
Men were put into five different groups:
- Under 30 years old, with no children.
- Over 30 years old, with no children.
- All men, with no living children under 14.
- All men, with one child under 14.
- All other men.
Soldiers were chosen from these groups in order. If enough men could be found from the first two groups, the others were not touched. If a group was smaller than the number needed, all men from that group would be taken. If a group was larger, a special drawing, called a ballot, was used to pick men.
Serving in the Militia
Any man chosen by the ballot was called a "principal." He promised to serve as a private soldier for five years. After serving, he was free from being chosen again for a while. He could also choose to serve longer if he wanted.
Instead of serving himself, a chosen man could find someone else to take his place. This person was called a "personal substitute." They had to be willing to serve instead. Substitutes often received money, called a bounty, to encourage them to join.
Local areas, called parishes, could also provide substitutes for their share of men. They were allowed to collect a local tax, called a parish rate, to pay these substitutes.
Finally, a man chosen by ballot could pay a fine of £10 to avoid serving. However, he could be chosen again after five years. The money from these fines was used to hire other substitutes. Any extra money went to the Militia's funds.
Who Did Not Have to Serve?
Many types of men were excused from serving in the Militia. These included:
- Soldiers, sailors, and marines already in the regular army or navy.
- Important people like peers (noblemen) and clergymen.
- Teachers and university students.
- Police officers (constables).
- Sailors and apprentices.
- Men working in royal factories or shipyards.
Poor men (those with less than £100) who had more than one child were also excused. Any poor man who was not physically fit to serve was also exempt. Also, any man shorter than 5 feet 4 inches did not have to serve.
If a man was worth more than £100 but was not fit to serve, he still had to pay the fine or find a substitute. Quakers, a religious group, could not pay a fine to avoid service. They had to find a substitute. If they did not, the county could hire one for them. The county could even take their property to pay for it if needed.
If a soldier died or was let go because he was unfit, a new ballot would be held. This was usually done in his local parish to find a replacement. If a county failed to provide enough men, it would be fined £10 for each missing soldier every year. This money was raised locally. It could be used to hire substitutes. If that did not work, the money was sent to the government's Treasury.
New Militia Groups
The Act increased the number of Scottish Militia soldiers from 6,000 to 8,000 men. It also changed the way they were organized. Instead of ten regiments (groups of soldiers) that were set up in 1797, there were now fifteen. These new regiments and their leaders were:
- Aberdeen (led by Lord Aboyne)
- Ayr (led by Lord Montgomerie)
- Fife (led by Lord Crawford)
- Lanark (led by Marquis of Douglass)
- Perth (led by Duke of Athol)
- Renfrew (led by Earl of Glasgow)
- Argyll and Bute (led by John Campbell)
- Berwick, Haddington, Linlithgow, and Peebles (led by Earl of Home)
- Ross, Caithness, Sutherland, and Cromarty (led by Lord Seaforth)
- Dumfries, Roxburgh, and Selkirk (led by Earl of Dalkeith)
- Edinburgh and Lothian (led by Duke of Buccleuch)
- Forfar and Kincardine (led by M. Douglass)
- Inverness, Banff, Elgin, and Nairn (led by Sir F. Grant)
- Kirkcudbright and Wigtown (led by Sir John Dalrymple-Hay)
- Stirling, Dunbar, Clackmannan, and Kinross (led by Duke of Montrose)
