Re: Personal Guns Not Accepted For Militia Duty: Maryland State Archives 1704



the heekster <heekster@xxxxxxxx> said:

Now stop running away from the fact that you don't know who
the authority was for that 1704 Maryland militia statute.

What part of royal colony do you not understand?

"An Act for the Ordering and regulating the Militia of this
Province for the better Defence and Security thereof.

Be it Enacted by the Queens most excellent Majesty by and
with the Advice and Consent of her Majestys Governour
Councill and Assembly of this Province And the Authority of
the same That from and after the end of this Sessions of
Assembly the Militia of this Province shall be Mustered
train'd and exercised according to these Instructions ..."

"by and with the advice and consent of her majesty's Governor
Council..."

A second source of authority.

"AND ASSEMBLY OF THIS PROVINCE AND THE AUTHORITY OF THE
SAME..."

The assembly is the people's representative lawmaking body.

A third source of authority.

Dismissed, Mr. Eek.

______


VIII. AND FORASMUCH as, in the Government of so great a
PROVINCE, sudden Accidents may frequently happen, to which
it will be necessary to apply a Remedy, before the
Freeholders of the said PROVINCE, the Delegates, or
Deputies, can be called together for the framing of Laws;
neither will it be fit that so great a Number of People
should immediately, on such emergent Occasion, be called
together, WE THEREFORE, for the better Government of so
great a PROVINCE, do Will and Ordain, and by these Presents,
for US, our Heirs and Successors, do grant unto the said now
Baron of BALTIMORE , and to his Heirs, that the aforesaid
now Baron of BALTIMORE, and his Heirs, by themselves, or by
their Magistrates and Officers, thereunto duly to be
constituted as aforesaid, may, and can make and constitute
fit and wholesome Ordinances from Time to Time, to be kept
and observed within the PROVINCE aforesaid as well for the
Conservation of the Peace, as for the better Government of
the People inhabiting therein, and publickly to notify the
same to all persons whom the same in any wise do or may
affect. Which Ordinances WE will to be inviolably observed
within the said PROVINCE, under the Pains to be expressed in
the same. So that the said Ordinances be consonant to
Reason, and be not repugnant nor contrary, but (so far as
conveniently may be done) agreeable to the Laws, Statutes,
or Rights of our Kingdom of England: And so that the same
ordinances do not, in any Sort, extend to oblige, bind,
charge, or take away the Right or Interest of any person or
Persons, of, or in Member, Life, Freehold, Goods or
Chattels.

IX. FURTHERMORE, that the New Colony may more happily
increase by a Multitude of People resorting thither, and at
the same Time may be more firmly secured from the Incursions
of Savages, or of other Enemies, Pirates, and Ravagers: WE
therefore, for US, our Heirs and Successors, do by these
Presents give and grant Power, Licence and Liberty, to all
the Liege-Men and Subjects, present and future, of US, our
Heirs and Successors, except such to whom it shall be
expressly forbidden, to transport themselves and their
Families to the said PROVINCE, with fitting Vessels, and
suitable Provision, and therein to settle, dwell, and
inhabit; and to build and fortify Castles, Forts, and other
Places of Strength, at the Appointment of the aforesaid now
Baron of BALTIMORE, and his Heirs, for the Public and their
own Defence; the Statute of Premisses in any wise
notwithstanding.



....


XII. BUT BECAUSE , that in so remote a Region, placed among
so many barbarous Nations, the Incursion as well of the
Barbarians themselves, as of other Enemies, Pirates and
Ravagers, probably will be feared, THEREFORE WE have given,
and for US, our Heirs, and Successors, do Give by these
Presents, as full and unrestrained Power, as any Captain-
General of an Army ever hath had, unto the aforesaid now
Baron of BALTIMORE, and to his Heirs and Assigns, by
themselves, or by their Captains, or other Officers, to
summon to their Standards, and to array all Men, of
whatsoever Condition, or wheresoever born, for the Time
being, in the said Province of MARYLAND, to wage War and to
pursue, even beyond the Limits of their Province, the
Enemies and Ravagers aforesaid, infesting those Parts of
Land and by Sea, and (if GOD shall grant it) to vanquish and
captivate them, and the Captives to put to Death, or,
according to their Discretion, to save, and to do all other
and singular the Things which appertain, or have been
accustomed to appertain unto the Authority and Office of a
Captain- General of an Army.

XIII. We also WILL, and by this our CHARTER, do Give unto
the aforesaid now Baron of BALTIMORE, and to his Heirs and
Assigns, Power, Liberty, and Authority, that, in Case of
Rebellion, sudden Tumult, or Sedition, if any (which GOD
forbid) should happen to arise, whether upon Land within the
PROVINCE aforesaid, or upon the High Sea in making a Voyage
to the said PROVINCE of MARYLAND, or in returning thence,
they may, by themselves, or by their Captains, or other
Officers, thereunto deputed under their Seals (to whom WE,
for US, our Heirs and Successors, by these Presents, do Give
and Grant the fullest Power and Authority) exercise Martial
Law as freely, and in as ample Manner and Form, as any
Captain- General of an Army, by virtue of his Office, may,
or hath accustomed to use the same, against the seditious
Authors of Innovations in those Parts, withdrawing
themselves from the Government of him or them, refusing to
serve in War, flying over to the Enemy, exceeding their
Leave of Absence, Deserters, or otherwise howsoever
offending against the Rule, Law, or Discipline of War.


Charter of Maryland 1632, new translation 1765

http://aomol.net/megafile/msa/speccol/sc2900/sc2908/000001/000
075/html/index.html


--

Yours truly,

The Lone Weasel

.