Every “able- bodied” Male between the ages of “16-50”
All eligible men subject to some service in the Militia

“[T]he general rule for about one hundred fifty years was that only those “effective [that is, able-bodied] Males between the Ages of Sixteen and Fifty” “who are able to beare arms” would be subject to “Trayning * * * in the arte of military discipline”, would be required to “bear Arms in their Respective Train bands or Companies”, and would “constitute and make the military Force of this State” in its first rank. (footnote 1) Other men would serve in other capacities, with different duties—although all of them might be called upon for full participation in the Militia during “alarms”. (footnote 2)

The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 125-126.

Also see Militia: Near Universal Membership • Constitutional “Homeland Security”: “Bottom Up” Militia Structure2nd Amendment Reinforces the Community Self-Defense Structure as “Necessary” • Oxymoronic “Unorganized” Militia


“Able-Bodied” and Militia Service

From the earliest days in America, all eligible men were subject  to some militia service. As Rhode Island’s Charter envisioned, all of the eligible male “Inhabitants of said Plantations” were subject to some Militia service:

(i) in the Colony’s earliest days when the population was sparse;

(ii) in periods of emergency throughout the Colony’s history when the services of every able-boded adult free man might be needed; and

(iii) with respect to such foundational duties as personal possession of firearms and ammunition suitable for Militia service, and participation in “the Watch” and “the Ward”. (footnote 3)

From the very beginning, Rhode Island’s officials ordered that:

  • • [1639] noe man shall go two miles from the Towne unarmed, eyther with Gunn or Sword; and * * * none shall come to any public Meeting without his weapon”; (footnote 4)

  • • [1643] “every man” should have sufficient “powder”, “bulletts”, and “shot lying by him”; (footnote 5)

  • • [1643] inspectors should check “every inhabitant” to “see whether every one of them has powder, and what bullets run”, and “go to every house” to determine “what armes are defective”; (footnote 6)

  • • [1655] “an accompt * * * shall be given of what powder, lead and shot there is in the possession of everie inhabitant of ye townes”; (footnote 7)

  • • [1669] “each * * * Towne Councill in the Colony * * * [should] see that the inhabitants of each respective towne bee furnished with ammunition according to law; and that the armes bee fixed and in readiness for service”. (footnote 8)

Moreover, that it was Rhode Island’s practice, from the early to the late 1700s, to require Militia service, not just from her permanent residents, but also from mere “transient persons”, evidences the near-universality and seriousness of the duty. (footnote 9)

  • In particular situations of ’eminent dangers approaching’ Rhode Island’s ‘magistrates’ were empowered to draft any or all ‘able-bodied’ persons for compulsory service. Three statutes referenced.

    In particular situations of “eminent dangers approaching”, such as invasions, insurrections, or other “great extremities”, Rhode Island’s “magistrates” were “empowered to press or cause to be impressed [that is, to draft for compulsory service], any person or persons”, and “to raise, appoint and authorize any or all persons requisitt for the preservation of * * * [the] Collony * * * to attend their allegiance and duty”. (footnote 1) Thus, during the War of Independence, the General Assembly:

    • • [1775] “directed and empowered [inspectors] to go to the house of each person in their respective towns, to take an account of the powder, arms and ammunition”; (footnote 2)

    • • [1775] “command[ed] every man in the colony, able to bear arms, to equip himself completely with arms and ammunition, according to law”; (footnote 3)

    • • [1780] authorized drafts from among “all male Persons whatsoever, of the Age of Sixteen Years and upwards, who have resided for the Space of Thirty Days within their respective Towns (Deserters, Indians, Mulattoes and Negroes excepted)”. (footnote 4)

    Footnotes:

    1.) EN-109 — Acts, Orders and Proceedings of the Governor and Councill of His Majestys Collony of Rhode Island and Providence Plantations, held at Newport, May, 1667, in Rhode Island Records, Volume 2, at 192, 193 (emphasis supplied). The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

    2.) EN-110 — Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Providence, on Wednesday, the 28th day of June, 1775, in Rhode Island Records, Volume 7, at 356 (emphasis supplied). The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

    3.) EN-111 — Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Providence, on Wednesday, the 28th day of June, 1775, in Rhode Island Records, Volume 7, at 358 (emphasis supplied). The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

     4.) EN-112 — An ACT for raising Six Hundred and Thirty able-bodied effective Men, At the General Assembly of the Governor and Company of the State of Rhode-Island, and Providence-Plantations, begun and holden (by Adjournment) at Newport, within and for the State aforesaid, on the Third Monday in July, One Thousand Seven Hundred and Eighty, in Rhode Island Acts and Resolves, Volume 10 [13], at {29} (emphasis supplied). Accord, At the General Assembly of the Governor and Company of the State of Rhode-Island, and Providence- Plantations, begun and holden (by Adjournment) at Providence, within and for the State aforesaid, on the first Monday in July, One Thousand Seven Hundred and Eighty, in Rhode Island Acts and Resolves, Volume 10 [13], at {7}. The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

  • Virginia’s statutes specified that only actually able-bodied ‘male persons’ were required to perform militia service. Ten statutes spanning the course of 145 years—from 1632 to 1777.

    Virginia’s statutes specified that only actually able-bodied ‘male persons’ were required to perform militia service:

    • • [1632] “ALL men that are fittinge to beare armes, shall bringe their peices to the church[.]” (footnote 1)

    • • [1644] “[I]n places of danger it shall not be lawfull for any to seat or inhabitt without ten sufficient men at the least, and arms and ammunition accordingly[.]” (footnote 2)

    • • [1659 and 1662] “[E]very man able to beare armes have in his house a fixt gunn two pounds of powder and eight pound of shott at least[.]” (footnote 3)

    • • [1691] The Governor and his Council “Ordered that the Comandrs in Cheife doe forme into Troopes of Horse & Companies of Foot all the persons fitt to beare Armes in the Severall Counties”, but that “the Comandrs in Cheife take Care that all the Soldiers undr their Comands be well furnished with Armes and Amunition according to Law, but where any of the persons Listed for Soldiers appeare to them not to be fitt, that they leave them out.” (footnote 4)

    • • [1705] “[T]he * * * chief officer of the militia of every county * * * [shall] list all male persons whatsoever, from sixteen to sixty years of age within his respective county, to serve in horse or foot, as in his discretion he shall see cause and think reasonable, having regard to the ability of each person, he appoints to serve in the horse[.]

      “And * * * the * * * chief officer of the militia of every county * * * [shall] make * * * a new list of all the male persons * * * capable * * * to serve in the militia, and to order and dispose them into troops or companys, according to * * * the respective circumstances of the ability of the persons listed[.]” (footnote 5)

    • • [1723] “[T]he * * * chief officer of the militia of every county * * * [shall] list all free male persons whatsoever, from twenty-one to sixty years of age, * * * to serve in horse or foot; having regard to the ability of each person[.]

      *  *  *  *  *

      “ * * * [N]othing * * * shall hinder or debar any captain from admitting any able-bodied white person, who shall be above the age of sixteen years, to serve in his troop or company, in the place of any person required * * * to be listed.” (footnote 6)

    • • [1738] “[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[.]

      *  *  *  *  *

      “ * * * [T]he field officers, and captains, of every county, * * *[shall] meet at the court-house of their counties * * * to hold a court martial; which said court shall * * * enquire of the age and abilities of all persons listed, and to exempt such as they shall judge incapable of service[.]” (footnote 7)

    • • [1755, 1757, 1759, 1762, 1766, and 1771] “[T]he chief officer of the militia in every county[920] shall list all male persons, above the age of eighteen years, and under the age of sixty years * * * (imported servants excepted)[.]

      *  *  *  *  *

      “ * * * [T]he field officers and captains * * * [shall] meet at the court-house of their counties, * * * the day next following the general muster in September, every year, * * * to hold a court martial, * * * to enquire of the age and abilities of all persons listed, and to exempt such as they shall adjudge incapable of service[.]” (footnote 8)

    • • [1775] “[T]he field-officers and captains of every county * * * [shall] meet at the courthouse of their respective counties the day next following the general muster in * * * April and October in every year * * * to hold a court-martial * * * to inquire of the age and abilities of all persons enlisted, and exempt such as they shall adjudge incapable of service[.]” (footnote 9)

    • • [1777] The chief Militia officers “shall hold a court martial * * * on the day following their general muster”; and the “court * * * shall have power to exempt all persons enrolled whom, from age or inability, they may adjudge incapable of service[.]” (footnote 10)

    Footnotes:

    1.) EN-1544 — ACT LI, A GRAND ASSEMBLY HOLDEN AT JAMES CITTY THE 21st OF ffEBRUARY, 1631-2, in Laws of Virginia, Volume 1, at 174. Reënacted by ACT XLV, A GRAND ASSEMBLY HOLDEN AT JAMES CITTY THE 4TH DAY OF SEPTEMBER, 1632, in Laws of Virginia, Volume 1, at 198. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 615.

    2.) EN-1545 — ACT V, ATT A GRAND ASSEMBLY HOLDEN AT JAMES CITTIE THE FIRST OF OCTOBER, 1644, in Laws of Virginia, Volume 1, at 286. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 615.

    3.) EN-1546 — ACT XXV, Provision to bee made for Amunition, ATT A GRAND ASSEMBLY HELD AT JAMES CITTIE, MARCH 7, 1658-9, in Laws of Virginia, Volume 1, at 525. Reënacted by ACT CXX, Supply of ammunition, AT A GRAND ASSEMBLY HELD AT JAMES CITY MARCH THE 23D[,] 1661-2, in Laws of Virginia, Volume 2, at 126. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 615.

    4.) EN-1547 — May the 18th 1691, in Executive Journals of Virginia, Volume 1, at 184. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 615.

    5.) EN-1548 — CHAP. XXIV, An act for settling the Militia, AT A GENERAL ASSEMBLY, BEGUN AT THE CAPITOL, IN THE CITY OF WILLIAMSBURG, THE TWENTY-THIRD DAY OF OCTOBER, 1705, in Laws of Virginia, Volume 3, at 335-336, 337. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 615.

    6.) EN-1549 — CHAP. II, An Act for the settling and better Regulation of the Militia, §§ II and XXVI, AT A GENERAL ASSEMBLY, SUMMONED TO BE HELD AT Williamsburg, the fifth day of December, 1722, and by writ of prorogation, begun and holden on the ninth day of May, 1723, in Laws of Virginia, Volume 4, at 118, 125. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 615.

    7.) EN-1550 — CHAP. II, An Act, for the better Regulation of the Militia, §§ II and IX, AT A GENERAL ASSEMBLY, SUMMONED TO BE HELD AT The Capitol, in the City of Williamsburg, on the first day of August, [1735]. And from thence continued, by several prorogations, to the first day of November, 1738, in Laws of Virginia, Volume 5, at 16, 19. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 615-616.

    8.) EN-1551 — CHAP. II, An Act for the better regulating and training the Militia, §§ III and IX, At a General Assembly, begun and held at the College in the City of Williamsburg, on Thursday the twenty seventh day of February, one thousand seven hundred and fifty two. And from thence continued by several prorogations, to Tuesday the fifth day of August, one thousand seven hundred and fifty five, in Laws of Virginia, Volume 6, at 531, 534.
    CHAP. III, An Act for the better regulating and disciplining the Militia, §§ II and X, At a General Assembly, begun and held at the Capitol, in Williamsburg, on Thursday the twenty-fifth day of March, 1756, and from thence continued by several prorogations to Thursday the fourteenth of April, one thousand seven hundred and fifty- seven, in Laws of Virginia, Volume 7, at 93, 96. Continued, CHAP. IV, An Act for continuing an Act, intitutled, An Act for the better regulating and disciplining the Militia, At a General Assembly, begun and held at the Capitol, in Williamsburg, on Thursday the fourteenth day of September, 1758; and from thence continued by several prorogations to Thursday the twenty-second of February, 1759, in Laws of Virginia, Volume 7, at 274; CHAP. III, An Act for amending and further continuing the act for the better regulating and disciplining the Militia, § IX, At a General Assembly, begun and held at the Capitol, in the City of Williamsburg, on Tuesday the 26th of May, 1761, and from thence continued by several prorogations to Tuesday the 2d of November[,] 1762, in Laws of Virginia, Volume 7, at 538; CHAP. XXXI, An act to continue and amend the act for the better regulating and disciplining the militia, § X, At a General Assembly, begun and held at the Capitol in Williamsburg, on Thursday the sixth day of November, 1766, in Laws of Virginia, Volume 8, at 245; CHAP. II, An act for further continuing the act, intituled An act for the better regulating and disciplining the militia, At a General Assembly, begun and held at the Capitol, in the City of Williamsburg, the seventh day of November, one thousand seven hundred and sixty-nine, and from thence continued by several prorogations, and convened by proclamation the eleventh day of July, one thousand seven hundred and seventy-one, in Laws of Virginia, Volume 8, at 503. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 616.

    9.) EN-1552 — CHAP. I, An ordinance for raising and embodying a sufficient force, for the defence and protection of this colony, AT a Convention of Delegates for the Counties and Corporations in the Colony of Virginia, held at Richmond town, in the county of Henrico, on Monday the seventeenth day of July, one thousand seven hundred and seventy-five, in Laws of Virginia, Volume 9, at 30. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 616.

    10.) EN-1553 — CHAP. I, An act for regulating and disciplining the Militia, AT A GENERAL ASSEMBLY, BEGUN AND HELD At the Capitol, in the City of Williamsburg, on Monday the fifth day of May, one thousand seven hundred and seventy seven, in Laws of Virginia, Volume 9, at 271. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 616.

  • Because the Militia naturally required ‘effective Men’, a significant physical or mental disability would exempt an individual. Six statutes spanning the course of 106 years—from 1673 to 1779.

    Because the Militia naturally required “effective Men”, a significant physical or mental disability would always exempt an individual, on the ground that his performance of the required duty was simply not possible, either at that time alone (as the consequence of some temporary sickness) or at all (as the consequence of some irremediable condition). Lower and upper limits on the ages of Militiamen, of course, implicitly addressed that problem in terms of generalities: namely,

    (i) that those males less than sixteen years of age were typically small, weak, and psychologically immature, and thus in most cases the proper subjects (not the providers) of protection; and

    (ii) those males more than sixty years of age were often weak, with poor eyesight or hearing, sickly, and prone to mental deterioration, and thus also proper subjects for protection. Within those limits, Rhode Island’s statutes further allowed for exemptions in individual cases of proven disability:

    • • [1673] Those men “who cannot in conscience traine, fight, nor kill any person * * * shall be exempt from traynings, arminge, rallyinge to fight, to kill, and all such martiall service as men are by any other debility; as said lame, sick, weake, deafe, blinde, or any other infirmity exempteth persons in and by law[.]” (footnote 1)

    • • [1718, 1730, and 1744] “Excepting * * * all those that have lost one of their Eyes, or disabled by Lameness”. (footnote 2)

    • • [1766] “[E]xcept * * * all those who have lost an Eye, or are disabled by Lameness”. (footnote 3)

    • • [1777] “[I]n case of sickness and inability to do duty (which alone shall excuse any person), it shall be in the power * * * of the field officers * * * to permit such a person to hire a man to do his tour of duty; and if such sick and unable person shall be so extremely poor * * * as to be unable to hire a person in his stead, * * * such field officer [shall] be empowered to remit such poor person’s fine.” (footnote 4)

    • • [1778] “Whereas * * * the colonels of the respective [Militia] regiments in this state, have returned * * * many persons, as delinquents in the late expedition * * * , who were sick or incapable of doing personal service in camp * * * ; wherefore—

      “ * * * the several field officers * * * do make return * * * of the names of all persons whom they have returned as delinquents, who at the time of the draught, and during the time of their tour of duty, were sick, or otherwise incapable of doing personal service in camp, * * * that they may be excused from the penalties * * * made for the punishing of said delinquents; the said officers taking great care and precaution that no one be excused, but those who are really deserving thereof[.]” (footnote 5)

    • • [1779] The “Persons” to “be exempted” included “all those who have lost a right Eye, or are disabled by Lameness”. (footnote 6)

    Footnotes:

    1.) EN-563 — Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 13th of August, 1673, in Rhode Island Records, Volume 2, at 498. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 249.

    2.) EN-564 — An Act for the Repealing several Laws relating to the Militia within this Colony, and for further Regulation of the same, LAWS Made and Past by the General Assembly of His Majesties Colony of Rhode- Island, and Providence-Plantations, in New-England, begun and Held at Newport, the Seventh Day of May, 1718, and Continued by Adjournments to the Ninth Day of September following, in Public Laws of Rhode Island, 1719, at 86; in Public Laws of Rhode Island, 1730, at 91; and in Public Laws of Rhode Island, 1744, at 65. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 249.

    3.) EN-565 — An ACT, regulating the Militia in this Colony, part of An ACT, establishing the Revisement of the Laws of this Colony, and for the putting the same in Force, in A LAW, Made and passed at the General Assembly of the Colony of Rhode-Island and Providence Plantations, held at Providence on the First Monday in December, 1766, in Public Laws of Rhode Island, 1767, at 179. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 249.

    4.) EN-566 — Proceedings of the General Assembly, held for the State of Rhode Island and Providence Plantations, at South Kingstown, on Thursday, the 17th day of April, 1777, in Rhode Island Records, Volume 8, at 198. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 249.

    5.) EN-567 — Proceedings of the General Assembly, held for the State of Rhode Island and Providence Plantations, at South Kingstown, on Monday, the 26th day of October, 1778, in Rhode Island Records, Volume 8, at 470. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 249-250.

    6.) EN-568 — An ACT for the better forming, regulating and conducting the military Force of this State, AT the GENERAL ASSEMBLY of the Governor and Company of the State of Rhode-Island, and Providence-Plantations, begun and holden at South-Kingstown, within and for the State aforesaid, on the last Monday in October, One Thousand Seven Hundred and Seventy-nine, in Rhode Island Acts and Resolves, Volume 10 [12], at {32}. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 249-250.

Any and every exemption from Militia service depended upon a “Principle of general Utility”, not an inherent individual right—and therefore was a matter of legislative discretion to grant or withhold.

Today, revitalized “Militia of the several States” should surely prohibit the listing of anyone below some fixed minimum age—most likely sixteen years—which disallowance could be relaxed only in the event of an actual invasion, massive natural disaster, or other calamity. At the other extreme, a merely suggested maximum age—most likely sixty years—should be set, with any individual above that age allowed to volunteer for service, subject to a Militia board of inquiry’s assessment of his actual suitability for duty. (footnote 10)

  • Footnotes

    1.) EN-116 — At a Generall Meeting upon Publicke notice, the 5th of the 9th month, 1638, in Rhode Island Records, Volume 1, at 61; An Act for the Repealing several Laws relating to the Militia within this Colony, and for further Regulation of the same, LAWS Made and Past by the General Assembly of His Majesties Colony of Rhode-Island, and Providence-Plantations, in New-England, begun and Held at Newport, the Seventh Day of May, 1718, and Continued by Adjournments to the Ninth Day of September following, in Public Laws of Rhode Island, 1719, at 86, in Public Laws of Rhode Island, 1730, at 91, and in Public Laws of Rhode Island, 1744, at 65; An ACT, regulating the Militia in this Colony, part of An ACT, establishing the Revisement of the Laws of this Colony, and for putting the same in Force, in A LAW, Made and passed at the General Assembly of the Colony of Rhode-Island and Providence-Plantations, held at Providence on the First Monday in December, 1766, in Public Laws of Rhode Island, 1767, at 179; An ACT for the better forming, regulating and conducting the military Force of this State, AT the GENERAL ASSEMBLY of the Governor and Company of the State of Rhode-Island, and Providence-Plantations, begun and holden at South-Kingstown, within and for the State aforesaid, on the last Monday in October, One Thousand Seven Hundred and Seventy-nine, in Rhode Island Acts and Resolves, Volume 10 [12], at {29} (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 125-126.

    2.) EN-117 — E.g., LAWS Made and Past by the General Assembly of His Majesties Colony of Rhode-Island, and Providence-Plantations, in New-England, begun and Held at Newport, the Seventh Day of May, 1718, and Continued by Adjournments to the Ninth Day of September following, in Public Laws of Rhode Island, 1719, at 89; in Public Laws of Rhode Island, 1730, at 94-95; and in Public Laws of Rhode Island, 1744, at 69. (emphasis supplied).The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 125-126.

    3.) The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

    4.) EN-104 — By the Body Politicke in the Ile of Aqethnec, Inhabiting this present, 25 of 9: month. 1639, in Rhode Island Records, Volume 1, at 94 (emphasis supplied). Accord, At a Generall Towne Meetinge at Portsmouth, 1st of March, 1643, in Rhode Island Records, Volume 1, at 79 (“that every man do come armed unto the [general town] meeting upon every sixth day”) (emphasis supplied). The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

    5.) EN-105 — At a Generall Towne Meetinge at Portsmouth, 1st of March, 1643, in Rhode Island Records, Volume 1, at 79, and [A General Town Meeting in Portsmouth,] 5th of October, 1643, in Rhode Island Records, Volume 1, at 77 (emphases supplied). The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

    6.) EN-106 — [A General Town Meeting in Portsmouth,] The 10th of Aprill, 1643, in Rhode Island Records, Volume 1, at 80, and [A General Town Meeting in Portsmouth,] 5th of October, 1643, in Rhode Island Records, Volume 1, at 77 (emphases supplied). The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

    7.) EN-107 — June ye 28th, 1655. The Court of Commissioners at Portsmouth, in Rhode Island Records, Volume 1, at 320 (emphasis supplied). The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

    8.) EN-108 — Att a meeting of the Generall Councill, at Newport, on Thursday, August 26, 1669, in Rhode Island Records, Volume 2, at 282 (emphasis supplied). The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 124.

    9.) EN-113 — See An Act for the electing of commissioned officers of the severall train bands in this Colony, Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 19th day of June, 1705, in Rhode Island Records, Volume 3, at 534; An Act for numbering all persons able to bear arms within this state, Proceedings of the General Assembly, held for the State of Rhode Island and Providence Plantations, at Providence, on the fourth Monday in March, 1777, in Rhode Island Records, Volume 8, at 189. The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 125 (emphasis supplied).

    10.) The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 614.