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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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< | Lawes Divine, Morall and Martiall of the Colony of Virginea | >
> | Lawes Divine, Morall and Martiall of the Colony of Virginea | | | 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, and 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 import armor, weapons and munitions 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.
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"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)*] | |
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< | Statutes at Large of the Colony of Virginia | >
> | Statutes at Large of the Colony of Virginia | | | 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] | |
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> | Civilian Regulations | | | 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." In concert with earlier provisions which mandated attendance at the Anglican church, this law ensured that the entire colony would be gathered, and armed, on Sundays. 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 population of the colony of Virginia overwhelmingly fit that description. Thus, initially, few men were excluded from of the legal obligation to bear arms. 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."
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< | Indians | >
> | Indians | | | As noted above, the stated motivation for much of the early legislation requiring arms bearing (and restricting arms use) was the imminent threat of Indian incursion. Indeed, the Virginia settlers had quickly discovered that the native inhabitants of America could pose a serious threat to their colonial project. The key to subduing the natives, it seemed, was to ensure the maintenance of superior weapons. As John Smith explained in his instructions for the settling of Virginia:
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. | | | In this climate of improving relations between the Indians and the settlers, the General Assembly even acknowledged that there existed certain threats more hazardous than an Indian with a gun. In 1657, recognizing that "of late yeares the wolves have multiplied and increased exceedingly to the greate losse and decrease of cattell and hoggs," the Assembly empowered the county commissioners to take initiative to destroy the wolves "in what way they shall best agree, by imploying Indians or otherwise, Provided they arme not the Indians with English armes and gunns contrary to act of Assembly." [Vol. 1, 457] Notably, an act passed during the same legislative session reiterated the ban on selling, bartering or lending arms to Indians, and even increased the penalties for doing so. [* 1657, Act XVII, Vol. 1, 441] Thus, the county commissioners were permitted to hire armed Indians to hunt the menacing wolves, but only if those Indians had somehow acquired their guns in a way that did not violate this ban. The explanation for this seemingly contradictory set of laws can be found in the statutes from the following year. In 1658 the legislature enacted a law allowing free trade with the Indians, noting in the preamble that, despite legislation in place prohibiting trade of arms with Indians, "neighbouringe plantations both of English and fforrainers do plentifully furnish the Indians with gunns, powder & shott." The act went on to explain that those dealing arms with the Indians "do thereby drawe from us the trade of beaver to our greate losse and their profitt, and besides the Indians [are] being furnished with as much of both gunns and ammunition as they are able to purchase." [Vol. 1, 525, xxiv] It was therefore enacted: "That every man may freely trade for gunns, powder and shott: It derogateing nothing from our safety and adding much to our advantage." [Vol. 1, 525, xxiv] | |
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- 1658, Act IV - "Whereas there is an act in force prohibiting the lending of gunns or ammunition to the Indians, by vertue of which many quarrells have arisen between English and Indians caringe their owne gunns, which might, vnless prevented, prove a disturbance of the peace now made between the two nations, It is enacted and ordained that it shall be lawfull for the Indians to make vse of their owne gunns and amunition without the lett or molestation of any person or persons whatsoever within theire owne limitts." [Vol. 1, 581]
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> | But despite the proclamation that it "derogate[d] nothing from [their] safety," this free trade with the Indians was short lived. In 1665 the legislature repealed the free trade provision and reinstated the prohibition on the sale or trade of arms and ammunition to the Indians, upon penalty of ten thousand pounds of tobacco or two years in jail. The act noted that the reason for the free trade provision was that at the time it was "thought impolitick to debarre ourselves from soe greate an advantage as might accrue to us by the Indian trade, when we could not prevent their supply," and explained that the policy was now being reversed "since those envious [Dutch] neighbours are now by his majesties justice and providence removed from us, and the trade now likely to be in our hands, and none to furnish them besides ourselves, who in these times of eminent danger have scarce ability to furnish our owne people." [Vol.2, 215] Note that the law makes no appeal to the danger of Indians being armed, but rather cites only the short supply of weapons in a time of imminent danger. Of course, history tells us that in 1675 the most imminent threat to the Virginia colony was probably its own citizens, as Bacon's Rebellion would soon erupt in the the capital. [...] | | | | |
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- 1658, Act XXIV - Free Trade with the Indians: "Whereas it is manifest that the neighbouringe plantations both of English and fforrainers d o plentifully furnish the Indians with gunns, powder & shott, and do thereby drawe from vs the trade of beaver to our greate losse and their profitt, and besides the Indians being furnished with as much of both gunns and ammunition as they are able to purchase, It is enacted, That every man may freely trade for gunns, powder and shott: It derogateing nothing from our safety and adding much to our advantage." [Vol. 1, 525]
- 1665, Act III - Once again prohibits the trade of arms with the Indians: "Whereas there was formerly a law in force prohibiting the armes, ammunition, or guns to the Indians, which upon consideration of the said Indians being furnished by the Dutch was omitted; It being then thought impolitick to debarre ourselves from soe greate an advantage as might accrue to us by the Indian trade, when we could not prevent their supply; yet since those envious neighbours are now by his majesties justice and providence (b) removed from us, and the trade now likely to be in our hands, and none to furnish them besides ourselves, who in these times of eminent danger have scarce ability to furnish our owne people, (c) It is therefore enacted by this grand assembly and the authority thereof that the sale of armes, gunpowder, and shott be wholly prohibited; and that whoever contrary to the intent of this act shall by himselfe or any other sell or barter powder, shott, gun or ammunition to any Indian, shalbe fined ten thousand pounds of tobacco or suffer two yeares imprisonment without bayle or mainprize for the first offence, and for the second to be proceeded against as ffellons." [Vol.2, 215]
- 1675, Act I - Assembly declares war against the Indians. [Vol.2, 326-327*]
- 1675, Act II - Noting that traders have, "by their avirice," armed the Indians with guns and ammunition, and "that they have beene thereby imboldened, not only to fall upon the ffronteer plantations murthered many of our people and allarmed the whole country, but to throw us into a chargeable and most dangerous warr." The Assembly notes that trade with the Indians continues even though it is outlawed. [Vol.2 337-338]
- Thus, it is declared that any person who shall "trade, truck, barter, sell or utter, directly or indirectly, to or with any Indian any powder shott or armes . . . and be thereof lawfully convicted shall suffer death without benefitt of clergy, and shall forfeite his or their whole estates, any act, law, usage or custome in any wise to the contrary notwithstanding, the other halfe to the informer."
- Furthermore, any person found in any Indian town or more than three miles outside of the English plantations "with powder, shott or other armes and ammunition, except one gunn and tenn charges of powder and shott for his necessary use, although he or they be not actually tradeing, trucking, bartering, selling or uttering to or with the Indians, he or they soe found, and thereof lawfully convicted shalbe adjudged guilty of selling and suffer accordingly."
- "But forasmuch as wee are sencible that such Indians as are amongst us in peace, if they be not supplyed with matchcoates, hoes and axes to tend their corne and fence their ground, must of necessity perish of ffamine or live on rapine."
- The Act declared that a commissioner may be nominated in each county to "supply the neighbouring Indians (that are in amity with us and will come in and noe other) with such goods and merchandizes as Indians usually deale for (except powder, shott and armes by this act prohibited as aforesaid) at such reasonable rates and prizes as they and the Indian can agree." These traders were required to take an oath that they would not trade any goods with Indians in a manner contrary to the statute.
- A proviso allows for a special exception for providing small quantities of arms to Indians employed by whites, such that "shall reasonably be thought to be usefull and to be expended by them in such their service and not otherwise."
- 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]
- 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] * 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."
- 1748, Chap. XV-XVII - XX - (See "Slaves" Section below)
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> | With the reversal of the free trade law in 1665, the Virginia legislature entered another cycle of the intensification of restrictions, following by their gradual liberalization. In 1675, after noting that trade of arms with the Indians continued despite being outlawed, the General Assembly enacted more comprehensive restrictions and steeper penalties. It was now illegal to "trade, truck, barter, sell or utter, directly or indirectly, to or with any Indian any powder shott or armes," and those in violation "shall suffer death without benefitt of clergy, and shall forfeite his or their whole estates."[Vol.2 337-338, Act II] Moreover, any person found in any Indian town or more than three miles outside of the English plantations "with powder, shott or other armes and ammunition, except one gunn and tenn charges of powder and shott for his necessary use, although he or they be not actually tradeing, trucking, bartering, selling or uttering to or with the Indians, he or they soe found, and thereof lawfully convicted shalbe adjudged guilty of selling and suffer accordingly." The statute went as far as to assert that any Indians living peacefully amongst the colonists "if they be not supplyed with matchcoates, hoes and axes to tend their corne and fence their ground, must of necessity perish of ffamine or live on rapine."[Vol.2 337-338] A single exception to the strict provisions of this statute was made for the furnishing of a small quantities of arms to Indians employed by whites, such that "shall reasonably be thought to be usefull and to be expended by them in such their service and not otherwise."[Vol.2 337-338] Natives could not be trusted with arms, it seems, except in the service of white men. The following year, the legislature revoked provisions which had allowed for the trade of certain non-restricted goods with the Indians, and banned all trade of any kind. An exception, however, was made for Indians in the employ of Englishmen, who could continue to collect the value of their wages. [Vol 2, 350-351] | | | | |
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< | * 1756 Chap. IV - "An Act for disarming Papists, and reputed Papists, refusing to take the oaths to the government." [Vol 7, 35-38]
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- 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)
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> | By the end of 1676, however, relations with the Indians had improved significantly. The legislature declared that "all 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 following year the legislature endorsed free trade with friendly Indians and even provided for the establishment of marts or fairs to facilitate such trade. 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*] By the early 18th century, Indians in Virginia enjoyed nearly unfettered access to guns; the requirement that Indians be unarmed when they enter English land for the purposes of fishing, appeared to be the final vestige of the campaign to _. [vol 3, 467] | | | | |
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< | Slaves
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."
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*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]
- 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]
- 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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The militia was
- 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]
- 1661, Acts of Assembly, Act CXX - Declared that a "provident supply be made of guns, powder and shott to our owne people, and this strictly to be looked to by the officers of the militia that every man able to beare armes have in his house a fixed gun, two pound of powder and eight pound of shot at least." Failure to do so would incur a fine of 50 lbs. of tobacco. [Vol 2, 126-127]
- 1673, Act II - In order to ensure a better supply of arms, the Assembly declared that captaines in each county "take a strict and perticuler account of what armes and ammunition are wanting in their severall companies and troops," and report to the county court. County courts are authorized to "lay and raise a levy for the provideing of armes and ammunition for supplying the wants aforesaid, that is to say, muskitts and swords for the ffoote, and pistolls, swords and carbines for horse, as alsoe for every lysted souldier at the least two pounds of powder and six pounds of shott, the said armes and ammunition by the courts provided as aforesaid to remaine in the hands of the officers of the militia for them to dispose of the same as there shalbe occasion, and that those to whome distribution of armes and ammunition shalbe made doe pay for the same at a reasonable rate." Soldiers paid for their own arms(?) [Vol 2, 304] * 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)
- In 1676 the Assembly once again declared war on the Indians. Act I of that year's Bacon's Law - titled "An act for carrying on a warre against the barbarous Indians" - provided specific instructions for the raising of an army. It specified that each soldier be provided "with two pounds of powder and six pounds of shott a man with good and well fixt guns and other armes for the present, and for what ammunition more shall be wanting that it be provided by and at the charge of the publique." It also provided for the collection of funds from each county to be remitted to England for the purchase of additional arms. [Vol.2, 344]
* 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]
* 1679, Act I - Required the construction of garrisons to protect from Indian incursion. Specified how each was to be equipped: "tenn long guns or muskets be provided with one barrell of gunpowder and leaden shott or bullett proportionable thereto for each garrison to be kept in the store house belonging to it, for a reserve and defence for the same. And that the charge of such gunns, powder or bullett (if the same cannot be procured from his majesties stores, be payd for and defrayed by the publique. And to the end that the Easterne shore may not altogether be left without defence against the Indian enemy, if any shall attempt thereon, or any suspitions of such attempts shall arise among the inhabitants there." [Vol.2, 439]
- 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]
The first comprehensive statute governing the militia was promulgated in 1705.
- 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]
- 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.
- 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]
* 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]
-
- 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)
- 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
* 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
* 1705, ACT XXXI - An act for security and defence of the country in times of danger: http://vagenweb.org/hening/vol03-21.htm
* 1701, Act I - An act for the better strengthening the frontiers and discovering the approaches of an enemy. [VOl. 3, 204]
* 1705, Act XXI - Unlawful Shooting on ranges {http://vagenweb.org/hening/vol03-19.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
"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] * Context: Act XVII, passed during the same session, "prohibit[ed] any terms of peace to be entertained with the Indians."[Vol. 1, 333]
- Context: The first act of the 1656 the legislative session dramatically decreased the anti-Indian regime. It repealed the law which allowed for the killing of trespassing Indians and declared that a Indian may only be lawfully killed when committing an act that would be a felony for an Englishman (who would also face death for such a crime), even requiring two witness of the act. It also allowed unarmed Indians to gather fruits and berries within the colony grounds, and declared that all free men could trade non-restricted items with Indians. [Vol. 1, 415 (add this to pdf!)] * 1657, Act XVII - Bartering or selling arms to Indians is prohibited, whoever does so "and being thereof lawfully convicted, shall forfeit his whole estate, The one halfe to the informer, and the other halfe to the countie where such fact shall be comitted." Lending arms to Indians is also prohibited. Anyone who encounters an Indian so furnished may lawfully may take away his arms and bring them to the commissioner. (Penalties same as previously). [Vol. 1, 441] * 1657, Act LIII - Recognizing that "of late yeares the wolves have multiplied and increased exceedingly to the greate losse and decrease of cattell and hoggs," the Assembly empowers the county commissioners to take initiative to destroy them "in what way they shall best agree, by imploying Indians or otherwise, Provided they arme not the Indians with English armes and gunns contrary to act of Assembly." [Vol. 1, 457]
- 1658, Act IV - "Whereas there is an act in force prohibiting the lending of gunns or ammunition to the Indians, by vertue of which many quarrells have arisen between English and Indians caringe their owne gunns, which might, vnless prevented, prove a disturbance of the peace now made between the two nations, It is enacted and ordained that it shall be lawfull for the Indians to make vse of their owne gunns and amunition without the lett or molestation of any person or persons whatsoever within theire owne limitts." [Vol. 1, 581]
- 1658, Act XXIV - Free Trade with the Indians: "Whereas it is manifest that the neighbouringe plantations both of English and fforrainers d o plentifully furnish the Indians with gunns, powder & shott, and do thereby drawe from vs the trade of beaver to our greate losse and their profitt, and besides the Indians being furnished with as much of both gunns and ammunition as they are able to purchase, It is enacted, That every man may freely trade for gunns, powder and shott: It derogateing nothing from our safety and adding much to our advantage." [Vol. 1, 525]
- 1665, Act III - Once again prohibits the trade of arms with the Indians: "Whereas there was formerly a law in force prohibiting the armes, ammunition, or guns to the Indians, which upon consideration of the said Indians being furnished by the Dutch was omitted; It being then thought impolitick to debarre ourselves from soe greate an advantage as might accrue to us by the Indian trade, when we could not prevent their supply; yet since those envious neighbours are now by his majesties justice and providence (b) removed from us, and the trade now likely to be in our hands, and none to furnish them besides ourselves, who in these times of eminent danger have scarce ability to furnish our owne people, (c) It is therefore enacted by this grand assembly and the authority thereof that the sale of armes, gunpowder, and shott be wholly prohibited; and that whoever contrary to the intent of this act shall by himselfe or any other sell or barter powder, shott, gun or ammunition to any Indian, shalbe fined ten thousand pounds of tobacco or suffer two yeares imprisonment without bayle or mainprize for the first offence, and for the second to be proceeded against as ffellons." [Vol.2, 215]
- 1675, Act I - Assembly declares war against the Indians. [Vol.2, 326-327*]
- 1675, Act II - Noting that traders have, "by their avirice," armed the Indians with guns and ammunition, and "that they have beene thereby imboldened, not only to fall upon the ffronteer plantations murthered many of our people and allarmed the whole country, but to throw us into a chargeable and most dangerous warr." The Assembly notes that trade with the Indians continues even though it is outlawed. [Vol.2 337-338]
- Thus, it is declared that any person who shall "trade, truck, barter, sell or utter, directly or indirectly, to or with any Indian any powder shott or armes . . . and be thereof lawfully convicted shall suffer death without benefitt of clergy, and shall forfeite his or their whole estates, any act, law, usage or custome in any wise to the contrary notwithstanding, the other halfe to the informer."
- Furthermore, any person found in any Indian town or more than three miles outside of the English plantations "with powder, shott or other armes and ammunition, except one gunn and tenn charges of powder and shott for his necessary use, although he or they be not actually tradeing, trucking, bartering, selling or uttering to or with the Indians, he or they soe found, and thereof lawfully convicted shalbe adjudged guilty of selling and suffer accordingly."
- "But forasmuch as wee are sencible that such Indians as are amongst us in peace, if they be not supplyed with matchcoates, hoes and axes to tend their corne and fence their ground, must of necessity perish of ffamine or live on rapine."
- The Act declared that a commissioner may be nominated in each county to "supply the neighbouring Indians (that are in amity with us and will come in and noe other) with such goods and merchandizes as Indians usually deale for (except powder, shott and armes by this act prohibited as aforesaid) at such reasonable rates and prizes as they and the Indian can agree." These traders were required to take an oath that they would not trade any goods with Indians in a manner contrary to the statute.
- A proviso allows for a special exception for providing small quantities of arms to Indians employed by whites, such that "shall reasonably be thought to be usefull and to be expended by them in such their service and not otherwise."
- 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]
- 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] * 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."
Notes
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- 1748, Chap. XV-XVII - XX - (See "Slaves" Section below)
* 1756 Chap. IV - "An Act for disarming Papists, and reputed Papists, refusing to take the oaths to the government." [Vol 7, 35-38]
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- 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)
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