"Then came, Oscar, the time of the guns.
    And there was no land for a man, no land for a country,
    Unless guns sprang up
    And spoke their language.
The how of running the world was all in guns."

- Carl Sandburg

Introduction

[Guns remain an enigmatic symbol in America society - an emblem of [liberty, independence, power, strength, masculinity, fear, oppression, conquest]. America's relationship with its guns today is a... How did it get to be that way?]

My research project is based on the simple inquiry: how were guns regulated in Colonial America? It is a question that is (relatively) easy to answer using primary sources; the who, what, where, when and how of early American gun regulation can be read right from the statutes. But the ease of the inquiry belies the magnitude of its implications. The Colonial statutes tell a story of fear and domination - a fragile and paranoid population of foreigners, trying desperately to exclude, suppress and subjugate every other group they encountered. Firearm regulation provides a clear example of the modalities of power and violence that enabled the colonialist project.

Gun Regulations

The Laws and Liberties of Massachusetts

• Context
• No mention of arms in the first code (The Body of Liberties, 1641).
• Arms regulation first appears in the 1672 version.
• Later revisions to the code reflect the conditions of an ongoing war with the Native Americans.
• A 1678 council resolution marks the first attempt to regulate civilian use of arms.
• Indians and Strangers
  • "Nor shall any person, sell, give or Barter, directly or indirectly, any Gun or Guns, Powder, Bullets, Shot, Lead, to any Indian whatsoever, or to any person Inhabiting out of this Jurisdiction."
  • French and Dutch and other foreign Nations are prohibited from trading with “our Indians”
  • Approved traders may "sell unto any Indian or Indians, not in Hostility with us, or any of the English in New England, Powder, Shot, Lead, Guns, (i.e. Hand Guns, Rapier or Sword blades)" provided that he account honestly for the items sold and pay a tax to the Treasury.
• Militias
• "Forasmuch as the well ordering of the Militia is a matter of great concernment to the safety and welfare of this Common-wealth"
• Who is armed?
  • Every person above the age of sixteen years must attend military exercise and service as training, watching and warding. Exemptions for certain officials, etc., "and such other as for bodily infirmity or other just cause, shall by any County Court . . . be discharged."
  • "And all other Inhabitants of this Jurisdiction, except Magistrates and Elders of Churches, the President, Fellows and Students of Harvard Colledge, shall always be provided of Arms."
  • Penalties for not having arms. Provisions for furnishing arms to the poor.
• What kind of arms are required?
  • Officers shall take care that their Soldiers are well and completely armed, at least two thirds with "a good fixed Musquet, not under Bastard Musquet Bore, nor under three foot nine inches in length, not about four foot three inches long, with a Priming wire, Worm, Scouter and Mould, fitted to the Bore of his Musquet, also with a good Sword . . .one pound of Powder, twenty Bullets . . ." Troopers and Pikeman, armed only with swords and pike, may comprise the remaining third of the Company.
  • In a supplementary statute passed in Fall 1675, the General Court acknowledged that "it is found by Experience that Troopers and Pikemen are of little use in the present warr with the Indians." Accordingly, the Court revised the laws to required Troopers and Pikemen to furnish themselves with firearms. (The same session of the General Court also yielded a provision that one thousand Fire Arms, Muskets and Carbines should be "sent for," to be paid for out of the public treasury and proportionally distributed to the several towns of the Colony.)
• Other Requirements
  • No shots are to be fired after the evening Drum beat has sounded, except in case of alarm.
  • Smiths are required to repair all arms brought to them “for which they shall not refuse such pay as the Country affords."
  • "The Clerk shall twice ever year view all Arms and Amunition of the Company, and take notice that every Souldier be furnished according to this Law . . . And further the said Clerk shall once in the year at least, Survey the Arms of all other Inhabitants, and see that all be provided in their Houses with Arms and Amunition."
  • "The Surveyor General shall yearly give an account of the common stock of Powder and Amunition to the Council, that the General Court being by them informed, may out of he piblick Treasury make a constant supply according to the need of the Country."
  • In a supplementary statute passed at a later date, the Commonwealth emphasized the "weight and necessity" of its duty to "see that all Souldiers should be fitted with Armes, and well skilled to use them." Accordingly, it enacted more stringent penalties for any soldier found deficient in arms or training.
  • Anyone importing powder, lead, bullets, shots or any ammunition whatsoever shall give notice to the Public Notary, who shall record the quantity of such items and the names of the persons to whom they are sold. Exports of powder are similarly regulated.
• Laws & Ordinances of War
• Council Resolution of March 28, 1678
• Citing complaints from citizens that "several persons had been killed" and that "youths and grown persons too frequently shoot within the limits of towns" on the pretense of shooting at fowl, "whereby persons are endangered to be killed in their gardens, orchards or adjacent Commons." Accordingly, "to prevent such inconveniences and mischiefs for the future," the Council enacted a resolution imposing liability for any damage inflicted by errant gunfire. [More on this]

The Blue Laws of Connecticut

• Context
  • Enacted by the General Court in 1650
  • No mention of arms in earlier codes ("Fundamental Orders of 1639," "Constitution of the Colony of New Haven," etc.) - these codes focused on the structure an powers of government, no mention of any individual rights or liberties.
• Indians
  • Any Indian who shall "meddle with, or handle any English mans weapons of any sorte, either in theire howses, or in the fields, they shall forfeit for every such default a half a fathom of wampum."
  • No man shalle "amend, repaire, or cause to be amended or repared, any gunn, small or great, belonging to any indian, nor shall indeavor the same, nor shall sell nor give to any indian . . any such gunn, nor any gunpowder or shott, or lead, or shott mould, or any military weapon or weapons, armor, or arrowe heads".
  • Laws forbade the selling, bartering or transporting of any guns, power, bullets or lead to any person inhabitating out of the jurisdiction, without license of the court. Fines for infraction were ten pounds per gun and five pounds per bullet.
  • No "Duchmen, or person of any other foreign nation, or any English living amongst them" may trade, either directly or indirectly, with any indians within the limits of the Connecticut jurisdiction.
  • General attitude about Indians:
    • Introductory clause explains that "our lenity and gentleness towards indians hath made them growe bold and insolent"; accuses foreigners of "strengthening and animating the indians against us"
    • Code reflects weariness and fear of indians, but also recognizes that there should be some way to "convey the light and knowledge of God and his words" to the indians, and instructs churches to proselytize
• Military Affairs
  • Who is armed?
    • All persons above the age of 16 are required to bear arms, except magistrates, church officers and those granted exemption by the court.
    • Penalties for want of arms; procedure for the provision of arms to those who lacked the means to secure them
  • What kind of arms are required?
    • Every male above the age of 16 shall have "in continual readiness, a good musket, or other gun, fit for service."
      • This provision explicitly refers to "every male person", while the general requirement that everyone bear arms (which immediately precedes it in the code) refers to to "all persons" - does that mean the general requirement of arms-bearing applied to women?
    • Every male person about the age of 16 - even those exempted elsewhere - shall "be always provided with and have in readiness, by them, half a pound of power, two and a half pounds of serviceable bullets or shots, and two fathom of match to every matchlock." Separate requirements for the provision of gunpowder to "every soldier in several trained bands of each town."
      • Distinction between soldiers and regular citizens?
    • Public Armory: Two barrels of gunpowder and six hundred weight of lead provided by the commonwealth are to be maintained as the country stock. Additionally, each town in the commonwealth was required to provide and maintain a particular amount of gunpowder, ammunition, muskets and other weapons. (Code prescribed specific amounts for each town, presumably according to their size.)
  • Other Requirements
    • Military structure: Soldiers choose their own officers, who must be confirmed by the court.
    • All soldiers are to be trained at least six times a year.
    • Twice a year the clerk of each band shall inspect the arms and ammunition of the band to ensure they are in accordance with the law. The clerk shall report all defects in arms or ammunition to the magistrate who shall take appropriate action, "wherein due regard is to be had of willful negligence in any, and such may not pass without severe censure."

Lawes Divine, Morall and Martiall of the Colony of Virginea

* Context

• • First set of laws in English America
  • Enacted 1607
• • A common penalty for a soldier's infractions was to "be put to death with such Armes he carry." [2.3, 2.7, 2.8, 2.9, 2.21, 2.23, 2.34, 2.37,
  • 2.13 " . . . which may unworthy him to carry Armes."
  • 2.27 " . . and shall have care of their Armes."
  • 2.29 "No man shall sell, give, imbezzell, or play away his Armes, or any part thereof, upon paine of death."
  • p 44, "It is the responsibility of the Marshall to "provide that the companies be trained . . . rather shot then other Armes." *p 50 It is prohibited to "run[] where any quarrel is a foote, and companies gathered together, furnished with other Armes then his sword" and to "not repairing to the place of Armes, or Colors at the publique beating of the Drum," or " Of wilfully firing any place, without order from the superior officer," or "Of a souldier being found unfurnished of his armes . . .(3.43)"

Statutes at Large of the Colony of Virginia

Collected for publication in 1809 by William Waller Hening, the Statutes at Large represents the full body of Virginia law from 1609 through 1778. The statutes contain numerous provisions related to guns and gun control, generally in relation to the following categories:

Foreigners

• 1609, Second Charter - Colonists "shall and lawfully may . . . for their defence and safety, encounter, expluse, repel and resist, by force or arms, as well as by sea and land, all ways and means whatsoever, all and every such person and persons whatsoever, as (without the special license of the said treasurer and company, and their successors), shall attempt to inhabit" the colony or plantation. [Volume 1, p94]

Militia

• 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]
• 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] * 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]

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

• 1633, Act X - Any person who shall "sell or barter any guns, powder, shott or any armes or ammunition unto any Indian or Indians within the territorie," shall "forfeite to publique uses all the goods and chattells that he or they then have to theire owne use, an shall also suffer imprisonment duringe life." Half of the forfeiture shall go to the informant, the other half to public uses. [Vol. 1, 219]
• 1639, Acts of the Grand Assembly, Act XVII - Prior act making it a felony to barter with Indians is repealed, "and enacted that for trading with them for arms and amunition shall be felony, and for other commodities imprisonment at discretion of the Governor and Council." [Vol. 1, 227]
• 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] * 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."

Slaves

• 1639, Acts of the Grand Assembly, Act X - "All persons except negroes to be provided with arms and amunition or be fined at pleasure of the Governor and Council." [Vol. 1, 226]
• 1680, Act X, "An Act for preventing Negroes Insurrections" - "It shall not be lawfull for any negroe or other slave to carry or arme himselfe with any club, staffe, gunn, sword or any other weapon of defence or offence, nor to goe or depart from of his masters ground without a certificate from his master, mistris or overseer, and such permission not to be granted but upon perticuler and necessary occasions." *1691, Act XVI, "An Act for Suppressing Outlying Slaves" - Authorized the sheriff to raise forces to apprehend outlying slaves. If those slaves should resist it "may be lawfull for such person and persons to kill and distroy such negroes, mulattoes, and other slave or slaves by gunn or any otherwaise whatsoever." [Vol. 3, 86]
• 1705, Chapter XLIX: An act concerning Servants and Slaves - "XXXV. And also be it enacted, by the authority aforesaid, and it is hereby enacted, That no slave go armed with gun, sword, club, staff, or other weapon, nor go from off the plantation and seat of land where such slave shall be appointed to live, without a certificate of leave in writing, for so doing, from his or her master, mistress, or overseer: And if any slave shall be found offending herein, it shall be lawful for any person or persons to apprehend and deliver such slave to the next constable or head-borough, who is hereby enjoined and required, without further order or warrant, to give such slave twenty lashes on his or her bare back, well laid on, and so send him or her home"

Church

• 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]

Civilian Regulations

• 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]

Other Documents

In his 1588 report on the status of the Virginia Colony, Thomas Hariot (a subordinate of Sir Walter Raleigh), includes guns among the list of things which "so far exceeded" the capacity of the native peoples "to comprehend the reason and means how they should be made and done, that they thought they were rather the works of gods then of men, or at the leastwise they had been given and taught us of the gods." Other items on this list included books and "spring clocks that seemed to go off by themselves." Hariot also mentions using "caleevers" to shoot black bears.

In his instructions for the settling of Virginia, John Smith warned colonists: "And how weary soever your soldiers be, let them never trust the country people with the carriage of their weapons; for if they run from you with your shott, which they only fear, they will easily kill them all with their arrows. And whensoever any of yours shoots before them, be sure they may be chosen out of your best marksmen; for if they see your learners miss what they aim at, they will think the weapon not so terrible, and thereby will be bould to assault you."

George Percy's Observations: - "There the Captaine landed all his men being well fitted with Muskets and other convenient Armes, marched a mile into the Woods; being commanded to stand upon their guard, fearing the treacherie of the Indians, which is an ordinary use amongst them and all other Savages on this Ile, we came to a Bath standing in a Valley betwixt two Hils." - "The eighteenth day, the Werowance of Paspihae came himselfe to our quarter, with one hundred Savages armed, which garded him in a very warlike manner with Bowes and Arrowes, thinking at that time to execute their villainy. Paspihae made great signes to us to lay our Armes away. But we would not trust him so far: he seeing he could not have convenient time to worke his will, at length made signes that he would give us as much land as we would desire to take. [Land given. These Savages are naturally great theeves.] As the Savages were in a throng in the Fort, one of them stole a Hatchet from one of our company, which spied him doing the deed: whereupon he tooke it from him by force, and also strooke him over the arme: presently another Savage seeing that, came fiercely at our man with a wooden sword, thinking to beat out his brains. The Werowance of Paspiha saw us take to our Armes, went suddenly away with all his company in great anger."

* "Enquiries to the Governor of Virginia" submitted by the lords commissioners of foreign plantations, with the governor's answers to each distinct head. Questions sent out in 1670, answers received 1671. [Volume 2, 511]

*5. What number of horse and foot are within your government, and whether they be trained bands or standing forces? Answer. All our freemen are bound to be trained every month in their particular counties, which we suppose, and do not much mistake in the calculation, are near eight thousand horse: there are more, but is too chargeable for poor people, as wee are, to exercise them.

6. What castles and fforts are within your government, and how situated, as also what stores and provision they are furnished withall? Answer. There are five fforts in the country, two in James river and one in the three other rivers of York, Rappahannock and Potomeck; but God knows we have neither skill or ability to make or maintain them; for there is not, nor, as far as my inquiry can reach, ever was one ingenier in the country, so that we are at continual charge to repair unskilfull and inartificial building of that nature. There is not above thirty great and serviceable guns; this we yearly supply with powder and shot as far as our utmost abilities will permit us.

7. What number of priviteers do frequent your coasts and neighbouring seas; what their burthens are; the number of their men and guns, and the names of their commanders? Answer. None to our knowledge, since the late Dutch war.

8. What is the strength of your bordering neighbours, be they Indians or others, by sea and land; what correspondence to you keep with your neighbours. Answer. We have no Europeans seated nearer to us than St. Christophers or Mexico that we know of, except some few ffrench that are beyond New England. The Indians, our neighbours are absolutely subjected, so that there is no fear of them. As for correspondence, we have none with any European strangers; nor is there a possibility to have it with our own nation further than our traffick concerns. *9. What armes, ammunition and stores did you find upon the place, or have been sent you since, upon his majestyes account; when received; how employed; what quantity of them is there remaining, and where? Answer. When I came into the country, I found one only ruinated ffort, with eight great guns, most unserviceable, and all dismounted but four, situated in a most unhealthy place, and where, if an enemy knew the soundings, he could keep out of the danger of the best guns in Europe. His majesty, in the time of the Dutch warr, sent us thirty great guns, most of which were lost in the ship that brought them. Before, or since this, we never had one great or small gun sent us, since my coming hither; nor, I believe, in twenty years before. All that have been sent by his sacred majesty, are still in the country, with a few more we lately bought.

Long Guns

The Militia

Broader Implications

Colonialism and Power

Class, Race and the de facto caste system

Modern Parallels

Documents

• The Colonial Laws of Massachusetts
This document contains selections from the Colonial Laws of Massachusetts, 1641 - 1686. Blank pages indicate where parts have been omitted from the original text. The full text can be found at Archive.org.
• The Blue Laws of Connecticut
This document contains selections from the Connecticut Code of 1650, know as the "Blue Laws". Blank pages indicate where parts have been omitted from the original text. The full text can be found at Archive.org.

-- JuliaS - 25 Oct 2009

• MassLawExcerpts(lowres).pdf: Excerpts from the Colonial Laws of Massachusetts

*Note

This document is a little hard to read; the high resolution version was too large (~190MB) to upload here. If anyone can tell me how to upload a larger document or how to make a document smaller without losing quality, that'd be great.

• ConnecticutCodeExcerpts.pdf: Excerpts from the Blue Laws of Connecticut