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META TOPICPARENT | name="WebPreferences" |
"Then came, Oscar, the time of the guns.
And there was no land for a man, no land for a country,
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< < | Lawes Divine, Morall and Martiall of the Colony of Virginea | > > | Lawes Divine, Morall and Martiall of the Colony of Virginea | | * Context
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- First set of laws in English America
- Enacted 1607
| | *p 50 It is prohibited to "run[] where any quarrel is a foote, and companies gathered together, furnished with other Armes then his sword" and to "not repairing to the place of Armes, or Colors at the publique beating of the Drum," or " Of wilfully firing any place, without order from the superior officer," or "Of a souldier being found unfurnished of his armes . . .(3.43)" | |
< < | Statutes at Large of the Colony of Virginia | > > | Statutes at Large of the Colony of Virginia | | Collected for publication in 1809 by William Waller Hening, the Statutes at Large represents the full body of Virginia law from 1609 through 1778. The statutes contain numerous provisions related to guns and gun control, generally in relation to the following categories:
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< < | Foreigners | > > | Foreigners | |
- 1609, Second Charter - Colonists "shall and lawfully may . . . for their defence and safety, encounter, expluse, repel and resist, by force or arms, as well as by sea and land, all ways and means whatsoever, all and every such person and persons whatsoever, as (without the special license of the said treasurer and company, and their successors), shall attempt to inhabit" the colony or plantation. [Volume 1, p94]
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< < | Militia | > > | Militia | |
- 1644, Act VIII - Establishes a "Council of War" tasked with levying troops and supplies in case of emergency, owing to an ongoing war with the Indians in the counties of Isle of Wright and Upper and Lower Norff. "And the said counsell of warr shall have power to arme the soldier with all necessaries out of the said fifteen men, provided that the soldier be responsible for his arms (in case he shall negligently loose or spoyle them) out of his sallary." [Vol. 1, 292-293]
- 1645, Act XIII - Calls for the establishment of Fort Henry at Appomattox Falls, and empowers the Lutenient "to leavie armes, ammunition and all other things necessary for the service." Funds for the war effort are to be levied proportionally on the inhabitants of the area. [Vol. 1, 315]
- 1656, Acts of the General Assembly - "It is ordered that for this present year the com'rs. of the militia in every county endeavour to provide four barrels of powder with shot proportionable for each regiment." [Vol.1, 425]
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- 1684, Act IV - "Every trooper of the respective counties of this country, shall furnish and supply himself with a good able horse, saddle, and all arms and furniture, fitt and compleat for a trooper, and that every foot soldier, shall furnish and supply himselfe, with a sword, musquet and other furniture fitt for a soldier, and that each trooper and foot souldier, be provided with two pounds of powder, and eight pounds of shott, and shall continually keep their armes well fixt, cleane and fitt for the king's service." Failure to do so will result in a fine of four hundred pounds of tobacco. The Act further required that all commanders "shall once at the least in every three months, muster, traine and exercise, the troop or company under his command, to the end, they may be the better fitted and enabled, for his majesties and the countryes service." [Vol 3, 14]
- 1684, Act VII - Required the raising of four cavalery units, "to be well horsed and armed; Every man to have a good able horse for service, a case of pistolls, a carbine, sword and all other furniture usual and necessary for horse souldiers or troopers." Contained specific provisions for how troops were to be provisioned, mustered, trained and quartered." [Vol 3, 17-20] *1691, Act XV: An Act for the Better Defence of the Country - Authorizes the governour or commander in chief "to raise, levy and muster so many and such a number of men, horses, armes and ammunition for the better defence of the same, and such forces already raised, or to be raised at all times to disband and discharge, as to them shall seem most conduccing to the advantage of this dominion, which said souldiers already settled or to be raised by force of this act, are upon all occasions to observe, performe and keepe all such directions, orders and commands as shall be appointed by the lieutenant governour." [Vol 3, 82-83]
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- 1738, Acts of the General Assembly, Chap. II: An Act for the better Regulation of the Militia [Vol. 3, 16-19]
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- 1720, Chap. 1 - Upon the erection of two new counties, the legislature provided two thousand pounds of arms and ammunition to be distributed to the seats of the counties. "Those arms are appropriated to the defence of the said counties, and the land as well as personal estate of the parties that take them, is made liable to see them forthcoming in good order. The arms to be stamped with the name of the county, and liable to the seizure of any militia officer, if found within [without] the bounds." [Vol 4. 78]*
- 1738, Acts of the General Assembly, Chap. II: An Act for the better Regulation of the Militia [Vol. 5, 16-19]
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- II. "[T]he chief officer of the militia, in every county, shall list all free male persons, above the age of one and twenty years, within this colony, under the command of such captains as he shall think fit."
- V. "[E]very person, so as aforesaid listed, (except free mulatto, negros and Indians,) and placed or ranked in horse or foot, shall be armed and accoutred in manner following: that is to say, Every horse-man shall be furnished with a serviceable horse, a good saddle, with breast-plate, crupper, curb-bridle, carbine or fuzee, and bucket, holsters, a case of pistols, cutting sword or cutlass, double cartouch box, and six charges of powder; and constantly appear with the same, at the time and place appointed for muster and exercise; and shall keep at his place of abode, one pound of powder, and four pounds of ball, and bring the same into the field with him, when thereunto required. And every footman shall be furnished with a firelock, musket, or fuzee, well fixed, a bayonet fitted to the same, or a cutting sword or cutlass, a cartouch-box, and three charges of powder; and appear with the same at the time and place appointed for muster and exercise, as aforesaid; and shall also keep at his house, one pound of powder, and four pounds of ball; and bring the same into the field, when he shall be required."
- VI. "That all such free mulattos, negros, or Indians, as are or shall be listed, as aforesaid, shall appear without arms; and may be emploied as drummers, trumpeters, or pioneers, or in such other servile labour, as they shall be directed to perform." Under provision XI, soldiers are given 18 months to furnish themselves according to the act.
- VIII. It shall be lawful for the chief officer of the militia to order all persons listed therein, to go armed to their respective parish churches. Additionally, the chief officer shall appoint an officer and four men of the militia to patrol and visit all negro quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons.
- Arms exempt from seizures and distresses.
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- 1740, Acts of the General Assembly, Chap. 1 [Vol. 5, 90-91]
- II. Colony treasurer is direct to provide public money for providing arms for the militia.
- III. All persons directed to be listed (See 1738 Chap. 2.II) are obliged to attend all musters.
- IV. Every two months, each company shall be mustered, trained and exercised.
- VII. Act is to be voided if the present war shall end.
- 1746, Chap. 1 - "An act, for giving a sum of money, not exceeding four thousand pounds, towards defraying the expence of inlisting, arming, cloathing, victualling, and transporting the Soldiers raised in this colony, on an intended expedition against Canada." - If the soldiers raised cannot be "timely supplied with arms in any other manner than out of the public magazine," it shall be lawful for the expedition leaders to "cause the soldiers to be furnished with arms, well fitted, our of the arms belonging to this colony, now in the public magazine, upon obtaining a warrant" from the lieutenant governor. [Vol. 5, p402]
- 1748, Chap XXXIX "An Act for making provision against Invasions and Insurrections." [Vol 6, 112]
- IV - When the governor rallies the militia to defend against incursion, "every soldier who shall be summoned to appear, upon any such occasion, and shall fail so to do, or shall fail to bring with him his arms and accoutrements, together with one pound of powder, and four pounds of ball, shall forfeit and pay the sum of ten pounds."
- IX - The militia was to be paid by the public, but soldiers were to provide their own arms: "That for the pay aforesaid, every trooper shall find and provide himself with a horse, and horse furniture, arms and ammunition; and every foot soldier, with a foot soldier's arms and ammunition; and that when any part of the militia, raised as aforesaid, shall be discharged again within two days, no pay or allowance shall be given for the same, but every man shall bear his own charges; and when they shall be kept in service above two days, then the whole time shall be paid for, and allowed as aforesaid. "
- XII - Public Arms "And whereas it may be necessary in time of danger, to arm part of the militia, not otherwise sufficiently provided, out of his majesty's magazine and other stores within this colony, Be it further enacted, by the authority aforesaid, That if any person or persons, so armed out of his majesty's stores, shall detain or imbezzle any arms, accoutrements, or ammunition, to him or them delivered for the public service, and shall not produce and re-deliver the same, when ordered and required so to do, it shall be lawful for the respective county lieutenants, or chief commanding officers residing within their counties, by warrant under his or their hands, to commit such offender to prison, there to remain till he shall make satisfaction for the arms, accoutrements, or ammunition, by him detained or imbezzled."
- 1755, Chap. 2 "AN act for better regulating and training the Militia" [Vol 6, 530-533]
- II - All male persons, above the age of eighteen years, and under the age of sixty years (imported servants excepted) under the command of such captain, as he shall think fit, shall be listed in the militia. (531)
- IV - Exempts certain government officials, clergy and others. (531)
- V - " Shall be armed and accoutred in the manner following, that is to say; every horseman shall be furnished with a serviceable horse, a good saddle, with a breast-plate, crupper and curb bridle, carbine and bucket, holsters, a case of pistols, cutting sword, double cartouch box, and six charges of powder, and constantly appear with the same, at the time and place appointed for muster and exercise, and shall keep at his place of abode, one pound of powder and four pounds of ball, and bring the same into the field with him when thereunto required: And every footman shall be furnished with a firelock well fixed, a bayonet fitted to the same, a cutting sword, a double cartouch box, and three charges of powder, and constantly appear with the same, at the time and place appointed for muster and exercise as aforesaid, and shall also keep at his place of abode, one pound of powder and four pounds of ball, and bring the same with him into the field when he shall be required."(532)
- VI. The persons exempted from mustering are each to provide four sets of arms for the use of the county. (532-533)
- VII. "And be it further enacted by the authority aforesaid, That all such free mulattoes, negroes and Indians, as are or shall be listed, as aforesaid, shall appear without arms, and may be employed as drummers, trumpeters or pioneers, or in such other servile labor, as they shall be directed to perform. And for the better training and exercising the militia, and rendering them more serviceable.”
- 1756, Chap. 1-X "The Method of Drafting the Militia" - Officials shall hold a "council of war" in every county where the militia has not yet been mustered according to law. At the council they shall "enter the names of all the able-bodied single men upon a list" and appoint a certain day for those men to meet at the courthouse. There they shall enlist all men who will join the militia voluntarily. "But is case so many of them will not voluntarily inlist as will make one of every twenty of the militia," they shall procure the blank pieces of paper in the same number as unenlisted men, and write "This obliges me immediately to enter his majesty's service" on as many pieces of paper as they are lacking men in the militia. These papers are to be drawn from a box by the unenlisted men. [Vol 7, 14-15]
- 1756, Chap1-XV - The militia so grafted shall not be lead or marched out of the colony. [Vol 7, 47]
- 1757, Chap III - An Act for better regulating and disciplining the militia. [Vol 7, 93] (Effectively same as 1755 version)
- 1766, Chap XXI - Further amendment to the act regulating the militia [Vol 8, 241]
- Quakers are added to the list of persons exempted from service. Quakers are exempt from the provision requiring exempted persons to provide arms for the use of the militia. (242) Quakers are to be enrolled and on call in the militia to furnish a substitute in case of an invasion or incursion. Any Quaker refusing to serve when so called who cannot provide a sufficient substitute for himself in the service will owe a fine of ten pounds. (243)
- 1775 - Chap. VI - Enlisted soldiers are to be provided, at the expense of the public with "one good musket and bayonet . . . and until such musket can be provided that they bring with them the best gun of any other sort that they can procure . . . and that such as are to as as riflemen bring with them one good rifle and tomahawk, each to be approved by their captain." [Vol 9, 80-81]
- Note: Lots more on TYPES OF ARMS required/furnished to the militia in this volume. See pp 11-29, 80-92
- 1776, XIII - "And be it farther ordained, That each trooper shall be furnished with the following arms and accoutrements, that is to say: A carbine with bucket and straps, a pair of horseman's pistols and holsters, a tomahawk, a spear, a good saddle well fixed with girts and sursingle, and curb bridle." (Vol 9, 142)
- 1776 (First laws of the Commonwealth) - That from and after the passing this act all the minute battalions, companies, and parts of companies, throughout this state shall be totally dissolved and discharged, and the said minute-men shall thereafter be considered as militia, and be subject to all such rules and regulations as are or shall be established for the better training and disciplining the militia; and the captains of each minute company shall, and they are hereby required to receive of each man in their respective companies all such arms and other accoutrements as have been provided at the publick expense, and deliver, or cause the same to be delivered, to the county lieutenant of each county, to be disposed of as the governour, with the advice of the council, shall direct." (Vol 9, 198)
- 1777, General Assembly Chap 1, An act for regulating and disciplining the Militia. (vol 9, 267)
- All free male persons, between 16 & 50 years to be enrolled in the militia, except certain exempts.
- "The free mulattoes in the said companies or battalions shall be employed as drummers, fifers, or pioneers."
- How Armed? "The county lieutenant, colonels, lieutenant colonels, and major, with a sword; every captain and lieutenant with a firelock and bayonet, a cartouch box, a sword, and three charges of powder and ball; every ensign with a sword; every non-commissioned officer and private with a rifle and tomahawk, or good firelock and bayonet, with a pouch and horn, or a cartouch or cartridge box, and with three charges of powder and ball; and, moreover, each of the said officers and soldiers shall constantly keep one pound of powder and four pounds of ball, to be produced whenever called for by his commanding officer."
- Any soldier so poor he cannot provide his own arms shall be provided such from the county, though they shall remain the property of the county."
- 1777, Chap 3, All free born males, above 16 years old, to take the oath of allegiance, recusants to be disarmed (but neventheless required to attend all musters. (Vol 9, 282)
- 1778, Chap. 1 - An Act for raising volunteers to join the grand army - In recognition of the importance of the war effort, the General Assembly called for 2,000 volunteers to be sent out of the colony to his excellency general Washington. A bounty of thirty dollars and a "complete suit of regimentals" (clothing) was offered to any man willing to volunteer. Arms and supplies to be furnished by the commonwealth. (Vol 9, 447 -449)
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< < | Notes | > > |
Notes | | * 1705, Act XXIV - "Act for Settling the Militia": http://vagenweb.org/hening/vol03-20.htm
* 1705, Act XXV - "An act to prevent Indians hunting and ranging upon patented lands."http://vagenweb.org/hening/vol03-20.htm | | * 1710, CHAP. XIII. An act for settling the Titles and Bounds of Lands: and for preventing unlawful Shooting and Ranging thereupon.:http://vagenweb.org/hening/vol03-29.htm [Examine entire page!] | |
< < | Indians | > > | Indians | |
- 1633, Act X - Any person who shall "sell or barter any guns, powder, shott or any armes or ammunition unto any Indian or Indians within the territorie," shall "forfeite to publique uses all the goods and chattells that he or they then have to theire owne use, an shall also suffer imprisonment duringe life." Half of the forfeiture shall go to the informant, the other half to public uses. [Vol. 1, 219]
- 1639, Acts of the Grand Assembly, Act XVII - Prior act making it a felony to barter with Indians is repealed, "and enacted that for trading with them for arms and amunition shall be felony, and for other commodities imprisonment at discretion of the Governor and Council." [Vol. 1, 227]
- 1642, Acts of the General Assemblie, Act XXII - "that if any servant running away as aforesaid shall carrie either peice, powder and shott, And leave either all or any of them with the Indians, And being thereof lawfully convicted shall suffer death as in case of ffelony."[Vol. 1, 255]
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- After the second declaration of war in 1676, the Assembly once again amended its laws on trade with Indians. Last year's provision allowed certain designated traders to continue trade of certain goods with the Indians is "henceforth repealed and made voide, and further that all trade and commerce with Indians is hereby utterly prohibitted, and all commissions for Indian tradeing whatsoever are hereby revoaked, made null and voide." An exception was made for Indians helping to fight the war in the employ of Englishmen, who could continue to collect the value of their wages. Additionally, "our neighbour Indian ffriends bee not debarred from fishing and hunting within their owne limmits and bounds, useing bowes and arrowes onelie." Violations of the statute incur a fine of 10,000 lbs. of tobacco. [Vol 2, 350-351] * 1677, Act III - The Act established free trade with friendly Indians and provided for the establishment of marts or fairs to facilitate such tread. It noted, however, "that it shall not be lawfull or permitted any Indian or Indians resorting to or meeting at any those aforesaid marts or ffaires to travell with or carry armes, or appeare there armed, except only the carrying home such armes or ammunition as they shall then and there purchase." [Vol.2, 412*]
- 1705, Chapter LII. - Provides for free trade with Indians but section IX. notes "That the said Indians shall not bring with them any guns, ammunition, or offensive weapons, but tools only for their use; that they shall not presume to oister, fish and gather tuckahoe, or other things, as aforesaid, without a licence first had from a justice of the peace, as aforesaid; that the justice, in his licence, shall limit the time of the Indians stay; and that it shall not be lawful for the Indians to tarry beyond the time limited."
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- 1748, Chap. XV-XVII - XX - (See "Slaves" Section below)
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< < | Slaves | > > | Slaves | |
- 1639, Acts of the Grand Assembly, Act X - "All persons except negroes to be provided with arms and amunition or be fined at pleasure of the Governor and Council." [Vol. 1, 226]
- 1680, Act X, "An Act for preventing Negroes Insurrections" - "It shall not be lawfull for any negroe or other slave to carry or arme himselfe with any club, staffe, gunn, sword or any other weapon of defence or offence, nor to goe or depart from of his masters ground without a certificate from his master, mistris or overseer, and such permission not to be granted but upon perticuler and necessary occasions." *1691, Act XVI, "An Act for Suppressing Outlying Slaves" - Authorized the sheriff to raise forces to apprehend outlying slaves. If those slaves should resist it "may be lawfull for such person and persons to kill and distroy such negroes, mulattoes, and other slave or slaves by gunn or any otherwaise whatsoever." [Vol. 3, 86]
- 1705, Chapter XLIX: An act concerning Servants and Slaves - "XXXV. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That no slave go armed with gun, sword, club, staff, or other weapon, nor go from off the plantation and seat of land where such slave shall be appointed to live, without a certificate of leave in writing, for so doing, from his or her master, mistress, or overseer: And if any slave shall be found offending herein, it shall be lawful for any person or persons to apprehend and deliver such slave to the next constable or head-borough, who is hereby enjoined and required, without further order or warrant, to give such slave twenty lashes on his or her bare back, well laid on, and so send him or her home"
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- 1723. Act IV - XIV: "Guns, ammunition, etc. found in possession of negroes, may be seized & the negro whipped." [Vol 4, 131]
- 1723, Act IV - XV - "That every free negro, mullatto, or indian, being a house-keeper, or listed in the militia, may be permitted to keep one gun, powder, and shot; and that those who are not house-keepers, nor listed in the militia aforesaid, who are now possessed of any gun, powder, shot, or any weapon, offensive or defensive, may sell and dispose thereof, at any time before the last day of October next ensuing. And that all negros, mullattos, or indians, bond or free, living at any frontier plantation, be permitted to keep and use guns, powder, and shot, or other weapons, offensive or defensive; having first obtained a licence for the same."[Vol 4, 131]
- 1748, Cha XV: "An Act directing the trial of Slaves committing capital crimes; and for the more effectual punishing conspiracies and insurections of them; and for the better government of negroes, mulattoes, and Indians, bond or free." [Vol 6, 109-111]
- XVII - "That no slave shall go from the plantation, or seat of land whereon he, or she, is appointed to live, without a certificate of leave, in writing, from his, or her owner, or overseer, or by their express order: And that no negroe, mulattoe, or Indian whatsoever, shall keep, or carry any gun, powder, shot, club, or other weapon, whatsoever, offensive, or defensive, but all and every gun, weapon, and ammunition, found in the custody or possession of any negroe, mulattoe, or Indian, may be seized by any person, and upon due proof thereof made before any justice of peace, of the county where such seizure shall be, shall by his order, be forfeited to the seizor, for his own use; and moreover, every such offender shall have, and receive, by order of such justice, any number of lashes, not exceeding thirty nine, on his, or her bare back, well laid on, for every such offence."
- XIX - "Provided nevertheless, That every free negroe, mulattoe, or Indian, being a house keeper, may be permitted to keep one gun, powder, and shot: And all negroes, mulattoes, and Indians, bond or free, living at any frontier plantation, may be permitted to keep and use guns, powder, shot, and weapons, offensive, or defensive, by licence, from a justice of peace, of the county wherein such plantations lie, to be obtained upon the application of free negroes, mulattoes, or Indians, or of the owners of such as are slaves."
- XX - "And be it further enacted, by the authority aforesaid, That if any negroe, mulattoe, or Indian, bond or free, shall at any time, lift his, or her hand, in opposition to any christian, not being a negroe, mulattoe, or Indian, he, or she so offending, shall for every such offence, proved by the oath of the party, before a justice of peace, of the county where such offence shall be committed, receive thirty lashes, on his, or her bare back, well laid on, by order of such justice."
- XXI - Grants the power for the sheriff to "take such power with him, as he shall think fit and necessary" for the apprehension of outlying slaves.
- XXII - Any slave killed in the execution of this act shall have his value certified and paid for by the public. [Vol 6, 110]
- XXIII - "And that where any slave shall happen to die, by reason of any stroke, or blow given, during his, or her correction, by his, or her owner, or by reason of any accidental blow whatsoever, given by such owner, no person concerned in such correction, or accidental homocide, shall be liable to any prosecution, or punishment for the same, unless upon examination before the county court, it shall be proved, by the oath of at least one lawful and credible witness, that such slave was killed wilfully, maliciously, or designedly; and no person indicted for the murder of a slave, and upon trial found guilty of manslaughter only, shall incur any forfeiture, or punishment, for such offence, or misfortune."
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< < | Church | > > | Church | |
- 1629, Acts of the General Assembly - "ALl men that are fitting to beare armes, shall bringe their peices to the church uppon payne of every offence" to pay 2 lb. of tobacco. (Note - how much was that worth?) [Vol. 1, p 174] * 1632, Acts of the House of Burgesses, Act XLV - "All men that are fittinge to beare armes, shall bringe their peices to the church uppon payne for every effence," of two lb. of tobacco. [Vol 1, 198]
- 1642, Acts of the General Assemblie, Act XLI - The masters of every family "shall bring with them to church on Sondays one fixed and serviceable gun with sufficient powder and shott upon penalty of ten pound of tobacco for every master of a family so offending . . . and servants being commanded and yet omitting shall receive twenty lashes on his or theire bard shoulders." [Vol. 1, 263]
| | * 1675, Act I - Declared that "in goeing to churches and courts in those tymes of danger, all people be enjoyned and required to goe armed for their greate security." [Vol.2, 333] | |
< < | Civilian Regulations | > > | Civilian Regulations | |
- 1643, Act XI, "If any person shall hunt or shoot vpon or within the precincts ro lymitts of his neighbour or other divident without leave first obtained for his soe doing, and having been warned by the owner of the land to forbear hunting and shooting as aforesaid, he or they soe offending shall forfeit for everie such offence foure hundred pounds of tobacco, the one halfe to the owner of the land, the other halfe to publick uses." [Vol. 1, 248]
- 1655, Act XI - "Whereas it is much to be doubted, that the comon enemie the Indians, if opportunity serve, would suddenly invade this collony to a totall subversion of the same, and whereas the only means for the discovery of their plotts is by allarms, of which no certainty can be had in respect of the frequent shooting of gunns in drinking, whereby they proclaim, and as it were, justifie that beastly vice spending much powder in vaine, that might be reserved against the comon enemie, Be it therefore enacted that what person or persons soever shall, after publication hereof, shoot any gunns at drinkeing (marriages and ffuneralls onely excepted,) that such person or persons so offending shall forfeit 100 lb. of tobacco." [Vol.1, 401-402]
- 1661, Acts of Assembly, Act CXIX - This act amended Act XI of 1655, now declaring that if any person should "shote any guns att drinking or marriages (buryalls excepted) such person or persons soe offending shall forfeite two hundred pounds of tobacco to the publique." [Vol. 2, 126]
- 1676, Act V - Following Bacon's Rebellion. "Whereas by a branch of an act of assembly made in march last, liberty is granted to all persons to carry their armes wheresoever they goe, which liberty hath beene found to be very prejudiciall to the peace and wellfaire of this colony. Bee it therefore further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that if any person or persons shall, from and after publication of this act, presume to assemble together in armes to the number of five or upwards without being legally called together in armes the number of ffive or upwards, they be held deemed and adjudged as riotous and mutinous, and that they be proceeded against and punished accordingly." [Vol.2, 386]
- 1676, Orders of the Assembly at Greene Spring - "[A]ll persons have hereby liberty to sell armes and ammunition to any of his majesties loyall subjects inhabiting this colony, and that the Indians of the Easterne shore have like and equall liberty of trade or otherwayes with any other our ffriends and neighbouring Indians." [Vol.2, 403]
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< < | Misc. | > > | Misc. | |
- 1632, Acts of the House of Burgesses, Act XLII - "Noe man shall goe to worke in the grounds without theire armes, and a centinell uppon them places where the commander shall require it."[Vol 1, 198]
- 1632, Acts of the House of Burgesses, Act XLIV - "Noe commander of any plantation, shall either himselfe or suffer others to spend powder unnecessarilie, that is to say, in drinkinge orjavascript:natEditJustifyButtonAction() enterteynments." (?)[Vol 1, 198]
- 1632, Acts of the House of Burgesses, Act LIII - Commanders are required to conduct an annual census of their men, and also of "armes and munition, corne, cattle, hoggs, goates, shipps," etc. [Vol 1, 200]
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- 1675, Act IV - This act provided for the naturalization of citizen Christian Peterson. It made a broad declaration that he shall be afforded all the privileges of a natural born Englishman, and interestingly, the only other specific provision made was for the expedient provision of his arms: "that the late act for provideing armes and ammunition be putt into strict and effectuall execution." [Vol.2 339]
- 1676, Bacon's Laws, Act IV - Rebellion to be suppressed by military force. [Vol.2, 352-353*]
- 1684, Act IV - "For the encouragement of the inhabitants of this his majesties collony and dominion of Virginia, to provide themselves with armes and ammunition, for the defence of this his majesties country, and that they may appear well and compleately furnished when commanded to masters and other the king's service, which many persons have hitherto delayed to do, for that their arms have been imprest and taken from them. Be it enacted . . .that all such swords, musketts, pistolls, carbines, guns, and other armes and furniture, as the inhabitants of this country are already provided, or shall provide and furnish themselves with, for their necessary use and service, shall from henceforth be free and exempted from being imprest or taken from him or them, that already are provided or shall so provide or furnish himselfe, neither shall the same be lyable to be taken by any distresse, seizure, attachment or execution, Any law, usage or custom to the contrary thereof notwithstanding." [Vol.3, 13]
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- 1746, Chap.2-III - The treasurer is empowered to provide funds "for and towards the buying and providing arms for the poorer sort of inhabitants of this colony, in such proportions, and in such manner, as the general assembly of this dominion shall hereafter direct and appoint. And to the end, the persons enlisted, or to be enlisted, as aforesaid, may be deterred from desertion." [Vol 5, 93]
- 1756 Chap. IV - "An Act for disarming Papists, and reputed Papists, refusing to take the oaths to the government." [Vol 7, 35-38]
- III. No Papist or reputed Papist so refusing [to take an oath denying] "shall, or may have, or keep in his house or elsewhere, or in the possession of any other person to his use, or at his disposition, any arms, weapons, gunpowder or ammunition, (other than such necessary weapons as shall be allowed to him, by order of the justices of the peace at their court, for the defence of his house or person) and that any two or more justices of the peace, from time to time, by warrant under their hands and seals, may authorise and impower any person or persons in the day-time, with the assistance of the constables where the search shall be (who is hereby required to be aiding and assisting herein) to search for all arms, weapons, gunpowder or ammunition, which shall be in the house, custody, or possession of any such Papist, or reputed Papist, and seize the same for the use of his majesty and his successors; which said justices of the peace shall from time to time, at the next court to be held for the county, where such seizure shall be made, deliver the said arms, weapons, gunpowder and ammunition, in open court, for the use aforesaid." (36-37) Penalty for violation was three months in jail and forfeiture of arms. (37) Anyone discovering and turning in such a Papist is awarded the value of the arms discovered. (37)
- 1775, Chap III - A committe of safety shall be created, among its powers: "to collect together all the arms lately taken away from the publick magazine, and all other arms purchased at the publick expense, at some place most convenient for that purpose, and that they repay the expense incurred by repairing the same; and also all such ammunition and warlike stores as are now the publick property in this colony, or may hereafter be purchased on the publick account; and dispose of such arms, ammunition, and store, as they shall judge most conducive to the safety of this colony, until the farther order of this or some other convention." [Vol 9, 53] The committee shall also have to power to purchase any number of stands of arms, not exceeding three thousand, which they mau judge necessary for the use of the troops to be embodied for the defence of this colony. (72) * 1775, Chap VI - "Whereas, in this time of imminent danger, it is found expedient, for the better defence of this colony, to provide an ample supply of arms and ammunition, by encouraging the manufacturing the same within this colony: Be it therefore ordained . . . That a manufactory of [for] arms be erected at or near Fredericksburg." [Chap 9, 71-71]
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Other Documents | | Answer. We have no Europeans seated nearer to us than St. Christophers or Mexico that we know of, except some few ffrench that are beyond New England. The Indians, our neighbours are absolutely subjected, so that there is no fear of them. As for correspondence, we have none with any European strangers; nor is there a possibility to have it with our own nation further than our traffick concerns.
*9. What armes, ammunition and stores did you find upon the place, or have been sent you since, upon his majestyes account; when received; how employed; what quantity of them is there remaining, and where?
Answer. When I came into the country, I found one only ruinated ffort, with eight great guns, most unserviceable, and all dismounted but four, situated in a most unhealthy place, and where, if an enemy knew the soundings, he could keep out of the danger of the best guns in Europe. His majesty, in the time of the Dutch warr, sent us thirty great guns, most of which were lost in the ship that brought them. Before, or since this, we never had one great or small gun sent us, since my coming hither; nor, I believe, in twenty years before. All that have been sent by his sacred majesty, are still in the country, with a few more we lately bought. | |
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- 1776 - Declaration of Rights of the People of Virginia. *. That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, should be avoided, as dangerous to liberty; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power. [Vol 9, 111]
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