One of the first gun regulations promulgated by the new legislature was the 1629 decree that "[a]ll men that are fitting to beare armes, shall bringe their peices to the church." (1) As a society born from the English common law tradition, the obligation to carry arms was nothing new. Though the phrase "men fitting to bear arms" is not defined in this or any prior Virginia provision, the English tradition tells us that it likely referred to free, able-bodied white men. In 1629, the the colony of Virginia was populated overwhelmingly by such men. (2) The legislature later revised the law to apply only to "the masters of every family," who were now required specifically to bring "one fixed and serviceable gun with sufficient powder and shott" to church with them on Sundays. They would face a fine of ten pounds of tobacco for failing to do so, while "servants being commanded and yet omitting shall receive twenty lashes." (3) ((Thus, servants were obliged to bear arms only when commanded to do so.) Thus, initially, few were excluded from of the legal obligation to bear arms (other than women, of course).

The 1632 Acts of the House of Burgesses declared that "[n]oe man shall goe to worke in the grounds without theire armes."[Vol 1, 198] That same act declared that no man "shall spend powder unnecessarilie" and required that each plantation owner take an annual census of his men and his assets, including his arms an munition. [Vol 1, 198,200] Arms and ammunition, it seems, were viewed as indispensable resources - to be counted and saved carefully, and carried always.

By 1643, the residents of Virginia had begun to acknowledge that firearms could occasionally create a nuisance. Act XI of that year declared it a crime to hunt a neighbor's land without permission, [Vol. 1, 248] while Act XXXV commanded that, in observance of the Sabbath, no guns shall be shot on Sundays, except for the safety of one's plantation or in defense against the Indians. [Vol. 1, 261] Act XI declared it a crime to hunt a neighbor's land without permission. [Vol. 1, 248]. In 1655, Citing the danger of Indians attack and noting that unnecessary gunshots can cause false alarm, the made it a crime to "shoot any gunns at drinkeing (marriages and ffuneralls onely excepted)".[Vol.1, 401-402]. A few years later the law was amended to outlaw shooting even at marriages and funerals, as well (but allowing an exception for "buryalls"). [Vol. 2, 126] In 1675 the legislature reiterated the duty to attend church and court armed, this time explicitly citing arms as an imperative for "greate security" in "tymes of danger." [Vol.2, 333] Arms bearing was clearly viewed as a __ against danger.

The next year however, after Nathaniel Bacon and a group of armed rebels lead a revolt in Jamestown, the legislature's attitude about arms bearing changed. In 1777 the General Assembly declared that the liberty of arms bearing "hath beene found to be very prejudiciall to the peace and wellfaire of this colony," and ruled 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]

Misc.

• 1644, Act II - Noting that the weakness of frontier plantations has been the cause of several murders by Indians, the Assembly declared that "noe person shall hereafter seate above the plantations already seated but with fowre able hands well armed at his first sitting downe." Any persons already having planted frontier plantations are given seven years to come into compliance or else desert their land. [Vol.2, 209*]
• 1675, Act I.18 - "No man shall presume to make an allarme in the campe or quarters, or shoote of his muskett in the night time upon pain of death." (Vol.2, 335*)
• 1675, Act I.26 - "Hee that sells, pawnes or imbezells his armes, or any ammunition whatsoever, or any axes, spades, shovells, &c. or other necessary instruments, shall for the first and second fault runne the gantlett att the discretion of the commander, and for the third be punished as for theft."(Vol.2, 336)
• 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]
• 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]

Notes

1 : Vol. 1, p 174,see also Vol 1, 198

2 : [[http://www.virtualjamestown.org/census_main.html]See[Jamestown Census Records]]

3 : Vol. 1, 263

• 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]

The "Lawes Divine, Morall and Martiall of the Colony of Virginea Britannia" (28) were issued to satisfy the shareholders of the Virginia Company as much as they were to govern the colony of Virginia. (29) 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. (30) 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. (31) 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 (32) It was forbidden for a man to "sell, give, imbezzell, or play away his Armes, or any part thereof, upon paine of death."(33) 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)*]

Virginia colonists quickly discovered that the native inhabitants of America could pose a serious threat to their colonial project. In 1633 the legislature ruled that 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." In order to incentivize reporting, the law provided that half of any such forfeiture shall go to the informant. (34) In 1639, the prior act making it a felony to barter with Indians was 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." (35)

Notes

34 : Vol. 1, 219

35 : Vol. 1, 227

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. (36) 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." (37) 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. (38) Later amendments provided for steeper punishments. (39)

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," (40) 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." (41)

Headline text

Notes

36 : Vol. 1, 226

37 : cite?

38 : 1705 - XLIX, XXXV

39 : [Vol 6, 109-111 - 1748, XVII

40 , 41 : Vol 4, 131

A Note on Sources

Lawes Divine, Morall and Martiall of the Colony of Virginea

Statutes at Large of the Colony of Virginia

Foreigners

Militia

• 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]

• 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)

Notes

Indians

• 1748, Chap. XV-XVII - XX - (See "Slaves" Section below)

Slaves

• 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."

Church

Civilian Regulations

Misc.

• 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]

• 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]

Long Guns