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Order p[ro]hibbiting retayling strong drinckes at traynings, Boston, May 28th, 1679

“… it is ordered by this Court and the authority thereof, that henceforth no person whatsoeuer shall presume to bring into the feild and sell by retayle vpon such occasions [i.e., militia training days] any wine, strong liquor, cider, or any other inebriating drinckes, excepting beere of a penny a-quart, vnless he or they so doing haue license from the hands of two magistrates, or the cheife military officer or officers in the feild[.]”

1679, MA, Order p[ro]hibbiting retayling strong drinckes at traynings


The Selective Service System, Backgrounds of Selective Service: Military Obligation. The American Tradition a Compilation of the Enactments of Compulsion from the Earliest Settlements of the Original Thirteen Colonies in 1607 through the Articles of Confederation 1789, Ed. Arthur Vollmer, vol. 2 pt. 6 (Washington, D.C.: Government Printing Office, 1947), 125.




A Copy of the Laws of Harvard College, 1655, at 10

Thirdly concerneing penall lawes. . . .

8. No undergraduate shall buy, sell, barter, or exchange books, apparrell or any thing of considerable value ; but by the leave of the President or his Tutor, Guardian or Parent, or If he shall sell or pawne any thing to any scholler, the President shall make the bargaine and admoni[sh] [the] student noe students shall be suffered to have [a g]un in his or theire chambers or studies, or keepeing for theire use any where else in the town, or If they be found to have such by the President or Theire Tutors, then they shall be admonished by the President or theire Tutors to put it away : which If they shall refuse to doe, the President shall have power to take it quite away from them, and If they resist the President herein, they shall upon due proofe be expelled out of the Colledge by the advise of the Colledge overseers : the same penalty is appointed to any student that shall make resistance against or offer violence unto the President or fellows.

Full Text: Internet Archive




The Acts And Resolves, Public And Private, Of The Province Of The Massachusetts Bay Page 268, Image 298 (1869) available at The Making of Modern Law: Primary Sources.

[Acts of the Province of Massachusetts Bay] (1697) § 3. That no person or persons whatsoever, in any town or garrison, shall presume to discharge or shoot off any gun or guns after the shutting in of the daylight in the evening, or before daylight in the morning, unless in case of alarm, approach of the enemy, or other necessary defense, on pain that every person so offending, and being thereof convicted before one or more of his majestie’s justices of the peace, shall forfeit and pay the sum of ten shillings, one moiety thereof to and for the use of the poor of the town where the offence is committed, and the other moiety to him or them that shall inform or prosecute for the same. And in case such offender shall not have wherewith to answer the said fine, or shall refuse or neglect to pay the same, then to be set in the stocks, not exceeding two hours’ time: provided, that this act shall remain and continue in force during the present war, and no longer.




The Grants, Concessions, And Original Constitutions Of The Province Of New Jersey Page 341, Image 345 (1881) available at The Making of Modern Law: Primary Sources.

[An Act Concerning Slaves, Etc. Whereas complaint is made by the inhabitants of this Province, that they are greatly injured by slaves having liberty to carry guns and dogs into the woods and plantations, under the pretense of gunning, do kill swine. Be it enacted by the Governor, Council and Deputies in General Assembly met and assembled and by the authority of the same] that no slave or slaves within this Province after publication hereof, be permitted to carry any gun or pistol, or take any dog with him or them into the woods, or plantations, upon any pretense whatsoever: Unless his or their owner or owners, or a white man, by the order of his or their owner or owners, be with the said slave or slaves, upon the penalty of twenty shillings for the first offence, and for the second offence, thirty shillings and so for every offence after so committed ten shillings more. . .




1694 Mass. Laws 12, no. 6, An Act for the Punishing of Criminal Offenders.

Further it is Enacted by the authority aforesaid, That every Justice of the Peace in the County where the Offence is committed , may cause to be staid and arrested all Affrayers, Rioters, Disturbers, or Breakers of the Peace, and such as shall ride or go armed Offensively before any of their Majesties Justices, or other Their Officers or Ministers doing their Office or elsewhere.




1693 Mass. Acts 48, An Act for Regulating of the Militia, ch. 3, §§ 1, 5

§ 1. That all male persons from sixteen years of age to sixty, (other than such as are herein after excepted), shall bear arms, and duly attend all musters and military exercises of the respective troops and companies where they are listed . . . § 5 That every listed solider and other householder (except troopers) shall be always provided with a well fixed firelock musket, or musket or bastard musket bore . . .




The Documentary History Of The State Of New – York Page 222-223, Image 228-229 (1849) available at The Making of Modern Law: Primary Sources.

[By the Court of Albany, etc. (1690) Whereas diverse persons daily waste powder which is of such necessary use for defense of this City and County of Albany, and although many have been advertised thereof yet persist in the same: These are in his majesty’s name to prohibit all persons whatsoever within the same city and county to burn any powder unless to kill provision, or for his majesty’s service and benefit of the place aforesaid, upon pain of paying for every shot or discharging of gun or pistol (contrary to the intent of this order) six shillings current money of this province of New York, or corporal punishment at discretion.]




1689, 1 W. & M. st. 2, c. 2.

That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law




An Act for the better secureing the Government by disarming Papists and reputed Papists, 1 W. & M. ch. 15 (1689).

For the better secureing of the Government against Papists and reputed Papists bee it enacted by the King and Queens most excellent Majestyes by and with the advice and consent of the Lords Spirituall and Temporall and Commons in this present Parlyament assembled and by authoritie of the same That it shall and may be lawfull for any two or more Justices of the Peace who shall know or suspect any person to be a Papist or shall be informed that any person is or is suspected to be a Papist to tender and they are hereby authorized and required forthwith to tender to such person soe knowne or suspected to be a Papist the Declaration sett downe and expressed in an Act of Parlyament made in the thirtyeth yeare of the Raigne of the late King Charles the Second Intituled An Act for the more effectuall Preserveing the Kings Person and Government by disabling Papists from sitting in either House of Parlyament to be by him made repeated and subscribed And if such person soe required shall refuse to make repeate and subscribe the said Declaration or shall not make repeate and subscribe the said Declaration or shall refuse or forbeare to appeare before the said Justices for the makeing repeating and subscribeing the said Declaration upon notice to him given or left at his usuall place of abode by any person authorized in that behalfe by Warrant under the Hands and Seales of the said two Justices such person from thenceforth shall be taken to be and is hereby declared to be lyable and subject to all and every the Penalties Forfeitures and Disabilities hereafter in this Act mentioned . . . III And for the better secureing their Majestyes Persons and Government Bee it further enacted and declared That noe Papist or reputed Papist soe refuseing or makeing default as aforesaid shall or may have or keepe 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 then such necessary Weapons as shall be allowed to him by Order of the Justices of the Peace at their Generall Quarter Sessions for the defence of his House or person)




The Grants, Concessions, And Original Constitutions Of The Province Of New Jersey Page 289-290; Image 293-294 (1881) available at The Making Of Modern Law: Primary Sources.

An Act Against Wearing Swords, Etc. Whereas there hath been great complaint by the inhabitants of this Province, that several persons wearing swords, daggers, pistols, dirks, stilettoes, skeines, or any other unusual or unlawful weapons, by reason of which several persons in this Province, receive great abuses, and put in great fear and quarrels, and challenges made, to the great abuse of the inhabitants of this Province. . . And be it further enacted by the authority aforesaid, that no person or persons after publication hereof, shall presume privately to wear any pocket pistol, skeines, stilettoes, daggers or dirks, or other unusual or unlawful weapons within this Province, upon penalty for the first offence five pounds, and to be committed by any justice of the peace, his warrant before whom proof thereof shall be made, who is hereby authorized to enquire of and proceed in the same, and keep in custody till he hath paid the said five pounds, one half to the public treasury for the use of this Province, and the other half to the informer: And if such person shall again offend against this law, he shall be in like manner committed upon proof thereof before any justice of the peace to the common jail, there to remain till the next sessions, and upon conviction thereof by verdict of twelve men, shall receive judgment to be in prison six month, and pay ten pounds for the use aforesaid. And be it further enacted by the authority aforesaid, that no planter shall ride or go armed with sword, pistol or dagger, upon the penalty of five pounds, to be levied as aforesaid, excepting all officers, civil and military, and soldiers while in actual service, as also all strangers, travelling upon their lawful occasions through this Province, behaving themselves peaceably.




Charter To William Penn, And Laws Of The Province Of Pennsylvania, Passed Between The Years 1682 And 1700 Page 32, Image 37 (1879) available at The Making of Modern Law: Primary Sources.

Laws of the Duke of York, Indians (1676). No person shall sell give or barter directly or indirectly any gun or guns powder, bullet, shot, lead nor any vessel of burthen, or row boat canoes only excepted without license first had and obtained under the Governor’s hand and Seal, to any Indian whatsoever, nor to any person inhabiting out of this government nor shall amend or repair any gun belonging to any Indian, nor shall sell any armor or weapons, upon penalty of ten pounds for every gun, armor, weapons, vessel or boat, so sold given or bartered, five pounds for every pound of shot or lead and proportionally for any greater or lesser quantity.




Records Of The Colony Of Rhode Island And Providence Plantations, In New England Page 561, Image 563 (1857) available at The Making of Modern Law: Primary Sources.

Laws from a meeting of the Governor and Council of Rhode Island January 22, 1676-77. Ordered, the Council taking in their serious considerations not only the inconveniencies, but the discontent which arises in several inhabitants of this Island, by reason that several Indians do pass and repass on and off this Island, with guns and ammunition, showing no ticket or order so to do, these are to order and authorize any inhabitant of this Island that shall meet any Indian or Indians with either gun or guns, or ammunition to take them from him or them, and bring both guns, ammunition, and Indians before the governor or Deputy Governor, to be examined of the reason of their so doing, and to dispose of them according to either their discretions.




The Colonial Laws Of New York From The Year 1664 To The Revolution, Including The Charters To The Duke Of York, The Commissions And Instructions To Colonial Governors, The Dukes Laws, The Laws Of The Dongan And Leisler Assemblies, The Charters Of Albany And New York And The Acts Of The Colonial Legislatures From 1691 To 1775 Inclusive Page 40-41, Image 62-63 (1896) available at The Making of Modern Law: Primary Sources.

Laws of the Colony of New York, Indians. No person shall sell, give or barter directly or indirectly any gun or guns, powder, bullet, shot, lead nor any vessel or burthen, or row boat, canoes only excepted without license first had and obtained under the governors hand and seal to any Indian whatsoever, nor to any person inhabiting out of this Government, nor shall amend or repair any gun belonging to any Indian, nor shall sell any armor or weapons, upon penalty of ten pounds for every gun, armor, weapon, vessel, or boat so sold given or bartered, five pounds for every for every pound of powder, and forty shillings for every pound of shot or lead and proportionately for any greater or lesser quantity.




The Fundamental Constitutions for the Province of East New Jersey in America, (1683) art. VII

. . . the great Assembly should have power, by act confirmed as there expressed, to erect, raise and build within the said Province, or any part thereof, such and so many forts, castles, cities and other places of defense, and the same, or any of them, to fortify and furnish with such provisions and proportions of ordnance, powder, shot, armour and all other weapons, ammunition and abilments of war, both offensive and defensive, as shall be thought necessary and convenient for the safety and welfare of the said Province; as also to constitute train bands and companies, with the number of the soldiers . . . And that amongst the present Proprietors there are several that declare, that they have no freedom to defend themselves with arms, and others who judge it their duty to defend themselves, wives and children, with arms; . . . no man that declares he cannot for conscience sake bear arms, whether Proprietor or planter, shall be at any time put upon so doing in his own person, nor yet upon sending any to serve in his stead. And on the other side, those who do judge it their duty to bear arms for the publick defence, shall have their liberty to do in a legal way. In pursuance whereof, there shall be a fourth committee erected, consisting of six proprietors, or their proxies, and three of the freemen, that are to set in the other three committees, which shall be such as to understand it their duty to use arms for the publick defence; which committee shall provide for the publick defence without and peace within, against all enemies whatsoever; and shall therefore be stiled the committee for the preservation of the publick peace: And that all things may proceed in good order, the said committee shall propound-to the great Council what they judge convenient and necessary for the keeping the peace within the said Province, and for publick defence without, by the said great Council to be approved and corrected, as they, according to exigence of affairs, shall judge fit; the execution of which resolutions of the great Council shall be committed to the care of the said committee . . .




Records Of The Colony Of New Plymouth In New England. Boston Page 230, Image 241 (1861) available at The Making of Modern Law: Primary Sources.

Laws of Plymouth Colony (1671). Whereas several persons have been greatly endangered by setting of guns, it is enacted by the Court and the authority thereof that none shall sett any guns except in enclosures and that the gun be sufficiently enclosed so as it be secure from hurting man or beast and that he that setteth the gun do give warning or notice thereof to all the neighbors on penalty of paying a fine of five pounds to the use of the Colony for every default.




Records Of The Colony Of New Plymouth In New England Page 177, Image 183 (1856) available at The Making of Modern Law: Primary Sources.

[Laws of the Colony of Plymouth] (1675). It is ordered by the Court, that whoever shall shoot of any gun on any necessary occasion, or at any game whatsoever, except at an Indian or a wolf, shall forfeit five shillings for every such shot, till further liberty shall be given.




Records Of The Colony Of New Plymouth In New England Page 173, Image 179 (1856) available at The Making of Modern Law: Primary Sources.

Laws of the Colony of New Plymouth (1675). Forasmuch as by frequent and sad experience it is found, that selling etc., of arms and ammunition to the Indians is very poisonous and destructive to the English, it is therefore ordered, decreed, and enacted by the council of war for this jurisdiction, that whosoever shall be found to sell, barter, or give, directly or indirectly, any gun or guns, or ammunition of any kind to any Indian or Indians, and the same legally proved against them, every such person or persons shall be put to death, and in defect of full and legal proof there, the printed law to take place.




22 Car. 2, c.25, § 3 (1671)

No person who had not lands of the yearly value of 100 pounds other than the son and heir of an esquire or other person of higher degree, should be allowed to own a gun.




1665 N.Y. Laws 205, Ordinance Of The Director General And Council Of New Netherland To Prevent Firing Of Guns, Planting May Poles And Other Irregularities Within This Province

Whereas experience hath demonstrated and taught that, besides an unnecessary waste of powder, much Drunkenness and other insolence prevail on New Year’s and May Days, by firing of guns, planting May poles and carousing; also other deplorable accidents such as wounding, which frequently arise therefrom. In order to prevent these in future, the director General and Council expressly forbid from this time forth all firing of Guns . . .on a penalty of 12 guilders for the first offense; double for the second offense, and for the third an arbitrary correction . . .




The Public Records Of The Colony Of Connecticut, Prior To The Union With New Haven Colony, May, 1665 Page 113-114, Image 125-126 (1850) available at The Making of Modern Law: Primary Sources.

Whereas it is observed that the Dutch and French do sell and trade to the Indians guns, pistols, and warlike instruments. It is now ordered, that no person within these liberties shall at any time sell nether gun nor pistol, nor any instrument of war, neither to Dutch nor French men under the penalty of forfeiting twenty for one, and suffering such corporal punishment as the court shall inflict.




The Public Records Of The Colony Of Connecticut, Prior To The Union With New Haven Colony, May, 1665 Page 79, Image 91 (1850) available atThe Making of Modern Law: Primary Sources.

It is ordered, that no man within this Jurisdiction shall directly or indirectly amend, repair, or cause to be amended or repaired, any gun small or great belonging to any Indian, nor shall endure the same, nor shall sell or give to any Indian, directly or indirectly, any such gun or gunpowder, or shot, or lead, or mold, or military weapons, or armor, nor shall make any arrow heads, upon pain of a ten pound fine for every offense at least, nor sell nor barter any guns, powder, bullets or lead, whereby this order might be evaded, to any person inhabiting out of this Jurisdiction, without license of this or the particular court, or some two magistrates, upon pain of ten pound for every gun, five pound for every pound of powder, 40s for every pound of bullets or lead, and so proportionately for any greater or lesser quantity.




The Colonial Laws Of New York From The Year 1664 To The Revolution, Including The Charters To The Duke Of York, The Commissions And Instructions To Colonial Governors, The Dukes Laws, The Laws Of The Dongan And Leisler Assemblies, The Charters Of Albany And New York And The Acts Of The Colonial Legislatures From 1691 To 1775 Inclusive Page 687, Image 689 (1894) available at The Making of Modern Law: Primary Sources.

Laws of the Colony of New York. And be it further enacted by the authority aforesaid that it shall not be lawful for any slave or slave to have or use any gun, pistol, sword, club or any other kind of weapon whatsoever, but in the presence or by the direction of his her or their Master or Mistress, and in their own ground on Penalty of being whipped for the same at the discretion of the Justice of the Peace before whom such complaint shall come or upon the view of the said justice not exceeding twenty lashes on the bare back for every such offense.




The Charters And General Laws Of The Colony And Province Of Massachusetts Bay Page 190, Image 197 (1814) available at The Making of Modern Law: Primary Sources.

Colony Laws. § 4. Be it also enacted by the authority of this court, that no masters of ships, or seamen, having their vessels riding within any of our harbors in this jurisdiction, shall presume to drink healths, or suffer any healths to be drunk within their vessels by day or night, or to shoot off any gun after the daylight is past, or on the sabbath day, on penalty for every health twenty shillings, and for every gun so shot twenty shillings.




Militia Act of 1662, 13 & 14 Car. 2, c. 3, § 13 (1662)

XIII. and for the better securing the Peace of the Kingdom be it further enacted and ordained and the respective Lieutenants or any two or more of their deputies are hereby enabled and authorized from time to time by Warrant under their Hands and Seals to employ such Person or Persons as they shall think fit (of which a Commissioned Officer and the Constable or his Deputy or the Tythingman or in the absence of the Constable and his Deputy and Tythingman some other Person bearing Office within the Parish where the Search shall be shall be to to search for and seize all arms in the custody or possession of any person or persons whom the said Lieutenant or any two or more of their deputies shall judge dangerous to the Peace of the Kingdom and to secure such arms for for the service aforesaid and thereof from time to time to give accounts of the said respective Lieutenants and in their absence as aforesaid or otherwise by their directions to their deputies or any two or more of them. [Provided that no such search be made in any house or houses between Sun setting and Sun rising other than in Cities and their suburbs and towns, Corporate market towns and houses within the bills of Mortality where it shall and may be lawful to search in the night time by Warrant as aforesaid if the warrant shall so direct and in case of resistance to enter by force and that no dwelling house of any peer of this Realm be searched by virtue of this Act but by immediate warrant from his Majesty under his sign manual or in the presence of the Lieutenant or one of the Deputy Lieutenants of the same Country or Riding and that in all places and houses whatsoever where search is to be made as aforesaid it shall and may be lawful in case of resistance to enter by force and that the arms so seized may be restored to the owners again if the said Lieutenants or in their absence as aforesaid their deputies or any two or more of them shall so think fit.




1657, Va. Acts 437, Acts of March 13th 1657-8, Against Shooting On Other Men’s Lands, Act XIII

If any planter or person shall hunt or shoot upon or within the limits or precincts of his neighbor or others’ dividends without leave first obtained for his so doing and having been warned by the owner of the land, to forbear hunting and shooting as aforesaid: He or they so offending shall forfeit for every such offense four hundred pounds of tobacco . . .

Available at https://archive.org/details/statutesatlargeb01virg