| |
| 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,
| | |
Lawes Divine, Morall and Martiall of the Colony of Virginea | |
<
< | * Context
-
- First set of laws in English America
- Enacted 1607
-
- A common penalty for a soldier's infractions was to "be put to death with such Armes he carry." [2.3, 2.7, 2.8, 2.9, 2.21, 2.23, 2.34, 2.37,
- 2.13 " . . . which may unworthy him to carry Armes."
- 2.27 " . . and shall have care of their Armes."
- 2.29 "No man shall sell, give, imbezzell, or play away his Armes, or any part thereof, upon paine of death."
- p 44, "It is the responsibility of the Marshall to "provide that the companies be trained . . . rather shot then other Armes." *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)"
| | | | |
>
> | Executed by King James I in 1606, the first charter of the Virginia colony reserved the territory reaching from modern day South Carolina to Canada -- "that part of America commonly called Virginia" -- to the dominion of the King, but granted land use rights to the colonists. The charter extended basic English common law, "all liberties, franchises and immunities within anie (sic) of our other dominions," to the residents of Virginia. It granted them the right to and granted them the right to import armor, weapons and munitions from the other realms of King, to be used in defense of the colony, and empowered them to use force to expel any intruders or foreigners. The first charter (and subsequent revisions) remained in force until it 1609, when it was incorporated into the first colony's first comprehensive set of laws.
The "Lawes Divine, Morall and Martiall of the Colony of Virginea Britannia" were issued to satisfy the shareholders of the Virginia Company as much as they were to govern the colony of Virginia. The laws reflect the conditions of a harsh and disciplined lifestyle, of a colony struggling to survive. Resources were scarce; colonists could face death for bartering or trading with Indians, or for giving or selling any commodity to a mariner to be transported out of the country. Comprising the vast majority of the statute, the Martial Laws depict a strict, Spartan society in which a soldier would be "put to death with such Armes he carry" for a whole host of infractions -- from failing to report for marching duty, to losing one's arms in battle, to mutiny. Drawing a sword within a town or garrison was punishable by the amputation of the right hand; firing a gun any place without order from a superior officer was punishable by death It was forbidden for a man to "sell, give, imbezzell, or play away his Armes, or any part thereof, upon paine of death." These early statutes reveal many of the major themes that will later dominate the laws of the Virginia Colony - strict and severe control of soldiers, a fear of Indians and foreigners, and the tight regulation of arms.
[*** How armed?
"Hee shall not suffer in his Garrison any Souldier to enter into Guard, or to bee drawne out into the field without being armed according to the Marshals order, which is, that every shot shall either be furnished with a quilted coate of Canvas, a headpeece, and a sword, or else with a light Armor, and Bases quilted, with which hee shall be furnished: and every Targiteer with his Bases to the small of his legge, and his headpeece, sword and pistoll, or Scuppet provided for that end. And likewise every Officer armed as before, with a firelocke, or Snaphaunse, headpeece, and a Target, onely the Serjeant in Garrison shall use his Halbert, and in field his Snaphaunse and Target." (p32)*]
Notes
:
:
:
:
:
:
:
:
:
:
| | | 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: | >
> | In 1618, the council of the Virginia Company issued an order providing for a Governor, a Council of State and a General Assembly to be formed in Virginia, making it the first American colony with a written constitution for the self-regulation of its internal affairs. Accordingly, on July 30, 1619 the first legislative assembly convened at Jamestown. It abolished the martial law and began organizing a new, comprehensive legal order for the colony. The General Assembly would continue to meet at regularly throughout the colonial period to improve and amend the growing body of Virginia law. [transition] | | | | |
<
< | 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]
| | |
Militia | | |
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]
| >
> |
"And how weary soever your soldiers be, let them never trust the country people with the carriage of their weapons; for if they run from you with your shott, which they only fear, they will easily kill them all with their arrows. And whensoever any of yours shoots before them, be sure they may be chosen out of your best marksmen; for if they see your learners miss what they aim at, they will think the weapon not so terrible, and thereby will be bould to assault you."
-John Smith, in his instructions for the settling of Virginia, ~1620
| | |
- 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]
- 1642, Acts of the General Assemblie, Act XXIII - Any person who "shall sell or barter with any Indian or Indians for peece, powder and shott and being thereof lawfully convicted, shall forfeit his whole estate, the one halfe to the informer the other halfe to the use of the county where such ffact shall be committed, And if any person shall barter or trade with the Indians for any other comodities such person shall suffer imprisonment at the discretion of the Governour and Counsel." The act also sets penalties for furnishing arms to Indians for the purposes of hunting game, in the process of which "by which great abuse, not onely the Indians (to the great indangering of the collony) are instructed in the use of our arms, but have opportunity given them to store themselves as well with arms as powder and shott." Anyone encountering such and Indian so furnished may lawfully "take away either peece, powder or shott . . . [and] carrie the same to the comander of the county." The commander must make a "a strict inquire and examination to find out such person that did lend or give such peece, powder or shott to the Indians." The guilty party shall forfeit two thousand lbs. of tobacco for his first offense, and his entire estate for his second. The forfeiture shall be divided equally between the Kind's estate and the informer. The informer may also take possession of the arms seized from the Indians. [Vol. 1, 255-256]
- 1645, Act XIII - In addition to establishing Fort Henry, the act further prescribed that inhabitants within the Norff counties and the Isle of Wright "do undertake the warr against the Nansimum Indians, or any other neighbouring Indians, by cutting vp their corne and doing or performing any act or acts of hostility against them."[Vol. 1, 315]
| | |
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."
| >
> |
The growth of the slave trade can be traced through laws of Virginia. There is virtually no mention of slaves or "negroes" in the earliest codes, presumably because they had not yet arrived in the colony. The legislature first addressed the issue in its 1639 Acts, wherein it exempted negroes from a provision requiring all persons to be provided with arms and ammunition. In 1680 the General Assembly passed "An Act for preventing Negroes Insurrections" which declared that "[i]t 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." A 1702 provision reiterated this prohibition, and further provided that any slave found off his plantation or in possession of a weapon should be apprehended and given twenty lashes. Later amendments provided for steeper punishments.
By 1723, however, the colonists had noticed that there might be useful reasons to provide a slave with arms. Though the provisions enacted at the _ session of 1723 did instruct that, "[g]uns, ammunition, etc. found in possession of negroes, may be seized & the negro whipped," they also allowed for a "free negro, mullatto, or indian," who serves as a house-keeper, or is listed in the militia, "to keep one gun, powder, and shot." Moreover 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."
Headline text
Notes
:
:
:
:
,:
| | | *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"
- 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.
| | | Other Documents
In his 1588 report on the status of the Virginia Colony, Thomas Hariot (a subordinate of Sir Walter Raleigh), includes guns among the list of things which "so far exceeded" the capacity of the native peoples "to comprehend the reason and means how they should be made and done, that they thought they were rather the works of gods then of men, or at the leastwise they had been given and taught us of the gods." Other items on this list included books and "spring clocks that seemed to go off by themselves." Hariot also mentions using "caleevers" to shoot black bears.
| |
<
< | In his instructions for the settling of Virginia, John Smith warned colonists: "And how weary soever your soldiers be, let them never trust the country people with the carriage of their weapons; for if they run from you with your shott, which they only fear, they will easily kill them all with their arrows. And whensoever any of yours shoots before them, be sure they may be chosen out of your best marksmen; for if they see your learners miss what they aim at, they will think the weapon not so terrible, and thereby will be bould to assault you." | | | George Percy's Observations:
- "There the Captaine landed all his men being well fitted with Muskets and other convenient Armes, marched a mile into the Woods; being commanded to stand upon their guard, fearing the treacherie of the Indians, which is an ordinary use amongst them and all other Savages on this Ile, we came to a Bath standing in a Valley betwixt two Hils." | | | Modern Parallels | |
>
> | | | | | |
<
< | | >
> | A Note on Sources
This project derives almost exclusively from the laws of the colony of Virginia. It neglects a large segment of the history of the colony - that history which took place outside the scope of the statues - and in doing so it fails to fully describe culture and experience of guns in colonial Virginia. It is a fossil record, if you will; teeth with no mammals attached. | | | |
|