American Legal History

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GunCulture 26 - 19 Apr 2010 - Main.JuliaS
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"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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  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.
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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.
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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] That same year they ruled that any man who makes a false alarm in the camp or quarters or who shoots his musket at night time shall be put to death. (Vol.2, 335*) Taken together, these provisions show that while the carrying of arms was viewed as an indispensable safeguard, their actual was viewed nuisance or even a danger if not on an occasion of strict necessity.
 
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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]
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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 1677 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*]
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  • 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*)
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  • 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*]

Revision 26r26 - 19 Apr 2010 - 00:28:04 - JuliaS
Revision 25r25 - 18 Apr 2010 - 23:07:43 - JuliaS
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