laws.show

MASS. GEN. LAWS, ch. 67, § 3 (T. B. Wait & Co. 1814) (Law Passed 1700).

  • Year:
  • 1700
Jurisdiction:

"CHAPTER LXVII.

an act for putting the militia of this province into a readiness for defence of the same.

    Whereas by the law of this province it is already provided, “that in case of alarms made either from a seaport town or other town lying frontier to, or in danger of an enemy, the captain or captains of the adjacent towns shall forthwith go or send such relief as they shall judge meet for the offence of the enemy and defence of themselves, &c.” but forasmuch as it may be necessary to call together, arm, array and put into a posture for war the whole militia and forces of one or more regiments for the defence of the province and his majesty’s subjects therein, in case of invasion or near approach of an enemy, before the notices thereof can reach the captain general or commander in chief, to have directions or orders from him for the same...

    ...Sect. 3. Be it further enacted by the authority aforesaid, that no person or persons whatsoever in any town or garrison, shall during the time of war, or of keeping a military watch in such town or garrison, presume to discharge or shoot off any gun or guns after the sun’s setting or before the sun’s rising, unless in case of alarm, approach of an enemy, or other necessary defence, on pain that every person, so offending, and being thereof convicted before one or more of his majesty’s justices of the peace, shall forfeit and pay the sum of twenty shillings for each gun so discharged, one moiety thereof to and for the use of the poor of the town where the offence shall be committed, and the other moiety to him or them that shall inform or prosecute for the same; and if such offender shall not have wherewith to answer the said fine, or shall refuse or neglect to pay the same, then he shall be set in the stocks, not exceeding two hours time.
    And in case any person so offending be belonging to any garrison or forces in actual service, and borne in his majesty’s pay, he shall be punished at the discretion of a court martial, or the commission officers of the garrison, company, or troop whereto he belongs, by putting into the bilboes, laying neck and heels, or riding of the wooden horse."

The Charters and General Laws of the Colony and Province of Massachusetts Bay, Carefully Collected from the Publick Records and Ancient Printed Books: To Which is Added an Appendix, Tending to Explain the Spirit, Progress and History of the Jurisprudence of the State; Especially in a Moral and Political View (Boston, MA: T. B. Wait and Co., 1814), 343–44. Chapter 67—An Act for Putting the Militia of the Province into a Readiness for Defence of the Same, § 3. Passed 1700.