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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,
| | | 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." 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. 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." ((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]
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Militia | |
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- 1644, Act VIII - Establishes a "Council of War" tasked with levying troops and supplies in case of emergency, owing to an ongoing war with the Indians in the counties of Isle of Wright and Upper and Lower Norff. "And the said counsell of warr shall have power to arme the soldier with all necessaries out of the said fifteen men, provided that the soldier be responsible for his arms (in case he shall negligently loose or spoyle them) out of his sallary." [Vol. 1, 292-293]
- 1645, Act XIII - Calls for the establishment of Fort Henry at Appomattox Falls, and empowers the Lutenient "to leavie armes, ammunition and all other things necessary for the service." Funds for the war effort are to be levied proportionally on the inhabitants of the area. [Vol. 1, 315]
- 1656, Acts of the General Assembly - "It is ordered that for this present year the com'rs. of the militia in every county endeavour to provide four barrels of powder with shot proportionable for each regiment." [Vol.1, 425]
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- 1684, Act IV - "Every trooper of the respective counties of this country, shall furnish and supply himself with a good able horse, saddle, and all arms and furniture, fitt and compleat for a trooper, and that every foot soldier, shall furnish and supply himselfe, with a sword, musquet and other furniture fitt for a soldier, and that each trooper and foot souldier, be provided with two pounds of powder, and eight pounds of shott, and shall continually keep their armes well fixt, cleane and fitt for the king's service." Failure to do so will result in a fine of four hundred pounds of tobacco. The Act further required that all commanders "shall once at the least in every three months, muster, traine and exercise, the troop or company under his command, to the end, they may be the better fitted and enabled, for his majesties and the countryes service." [Vol 3, 14]
- 1684, Act VII - Required the raising of four cavalery units, "to be well horsed and armed; Every man to have a good able horse for service, a case of pistolls, a carbine, sword and all other furniture usual and necessary for horse souldiers or troopers." Contained specific provisions for how troops were to be provisioned, mustered, trained and quartered." [Vol 3, 17-20] *1691, Act XV: An Act for the Better Defence of the Country - Authorizes the governour or commander in chief "to raise, levy and muster so many and such a number of men, horses, armes and ammunition for the better defence of the same, and such forces already raised, or to be raised at all times to disband and discharge, as to them shall seem most conduccing to the advantage of this dominion, which said souldiers already settled or to be raised by force of this act, are upon all occasions to observe, performe and keepe all such directions, orders and commands as shall be appointed by the lieutenant governour." [Vol 3, 82-83]
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> | 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."
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- 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]
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- 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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- 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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- 1629, Acts of the General Assembly - "ALl men that are fitting to beare armes, shall bringe their peices to the church uppon payne of every offence" to pay 2 lb. of tobacco. (Note - how much was that worth?) [Vol. 1, p 174] * 1632, Acts of the House of Burgesses, Act XLV - "All men that are fittinge to beare armes, shall bringe their peices to the church uppon payne for every effence," of two lb. of tobacco. [Vol 1, 198]
- 1642, Acts of the General Assemblie, Act XLI - The masters of every family "shall bring with them to church on Sondays one fixed and serviceable gun with sufficient powder and shott upon penalty of ten pound of tobacco for every master of a family so offending . . . and servants being commanded and yet omitting shall receive twenty lashes on his or theire bard shoulders." [Vol. 1, 263]
- 1643, Act XXXV - "[F]or the better observation of the Saboth and for the restraint of divers abuses committed in the collony by unlawfull shooting on the Sabbath day as aforesaid, unles it shall be for the safety of his or their plantations or corne fields or for defence against the Indians, he or they so offending shall forfeit for his or their first offence being thereof lawfully convicted, if he be a freeman the quantity of twenty pounds of tobacco, and if a servant to be punished at the discretion of his master."[Vol. 1, 261] * 1675, Act I - Declared that "in goeing to churches and courts in those tymes of danger, all people be enjoyned and required to goe armed for their greate security." [Vol.2, 333]
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- 1643, Act XI, "If any person shall hunt or shoot vpon or within the precincts ro lymitts of his neighbour or other divident without leave first obtained for his soe doing, and having been warned by the owner of the land to forbear hunting and shooting as aforesaid, he or they soe offending shall forfeit for everie such offence foure hundred pounds of tobacco, the one halfe to the owner of the land, the other halfe to publick uses." [Vol. 1, 248]
- 1655, Act XI - "Whereas it is much to be doubted, that the comon enemie the Indians, if opportunity serve, would suddenly invade this collony to a totall subversion of the same, and whereas the only means for the discovery of their plotts is by allarms, of which no certainty can be had in respect of the frequent shooting of gunns in drinking, whereby they proclaim, and as it were, justifie that beastly vice spending much powder in vaine, that might be reserved against the comon enemie, Be it therefore enacted that what person or persons soever shall, after publication hereof, shoot any gunns at drinkeing (marriages and ffuneralls onely excepted,) that such person or persons so offending shall forfeit 100 lb. of tobacco." [Vol.1, 401-402]
- 1661, Acts of Assembly, Act CXIX - This act amended Act XI of 1655, now declaring that if any person should "shote any guns att drinking or marriages (buryalls excepted) such person or persons soe offending shall forfeite two hundred pounds of tobacco to the publique." [Vol. 2, 126]
- 1676, Act V - Following Bacon's Rebellion. "Whereas by a branch of an act of assembly made in march last, liberty is granted to all persons to carry their armes wheresoever they goe, which liberty hath beene found to be very prejudiciall to the peace and wellfaire of this colony. Bee it therefore further enacted by this present grand assembly, and the authority thereof, and it is hereby enacted, that if any person or persons shall, from and after publication of this act, presume to assemble together in armes to the number of five or upwards without being legally called together in armes the number of ffive or upwards, they be held deemed and adjudged as riotous and mutinous, and that they be proceeded against and punished accordingly." [Vol.2, 386]
- 1676, Orders of the Assembly at Greene Spring - "[A]ll persons have hereby liberty to sell armes and ammunition to any of his majesties loyall subjects inhabiting this colony, and that the Indians of the Easterne shore have like and equall liberty of trade or otherwayes with any other our ffriends and neighbouring Indians." [Vol.2, 403]
Misc.
- 1632, Acts of the House of Burgesses, Act XLII - "Noe man shall goe to worke in the grounds without theire armes, and a centinell uppon them places where the commander shall require it."[Vol 1, 198]
- 1632, Acts of the House of Burgesses, Act XLIV - "Noe commander of any plantation, shall either himselfe or suffer others to spend powder unnecessarilie, that is to say, in drinkinge orjavascript:natEditJustifyButtonAction() enterteynments." (?)[Vol 1, 198]
- 1632, Acts of the House of Burgesses, Act LIII - Commanders are required to conduct an annual census of their men, and also of "armes and munition, corne, cattle, hoggs, goates, shipps," etc. [Vol 1, 200]
- 1651, "Articles at the Surrender of a Countrie" (Treaty between the Commonwealth of England and the Colony of Virginia) - "13thly. That all amunition, powder and arms, other then for private use shall be delivered vp, securitie being given to make satisfaction for it." [Vol. 1, 356]
- 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]
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