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Dale's Code

Lawes Divine, Morall, and Martiall[note 1], colloquially known as Dale's Code, is a governing document enacted in 1610 (then published in 1612) by the Deputy Governor of Virginia Thomas Dale.[2] The code, among other things, created a rather authoritarian system of government for the Colony of Virginia.[3] It established a "single ruling group" that "held tight control of the colony." The word "martial", contained in Dale's Code, refers to the duties of soldiers, while the terms "divine" and "morall" relate to crime and punishment. The code prescribed capital punishment for any colonist who endangered the life of the colony by theft or other crimes.[4]

For the Colony in Virginea Britannia. Lawes Divine, Morall and Martiall, etc
Title page of Dales Code (Lawes Divine, Morall and Martiall)
AuthorWilliam Strachey (scribe of Thomas Dale)
Original titleLawes Divine, Morall, and Martiall
LanguageEnglish
PublisherWalter Burre of London
Publication date
1612
Publication placeKingdom of England
ISBN9780783743691

Two severe punishments under Dale's Code were: an oatmeal-thief was chained to a tree and left to starve; a pregnant Anne Laydon (nee Burras) was whipped for "sewing shirts too short" and miscarried.[5]

Dale's Code remained in force until c. 1618.[6] The Virginia General Assembly replaced the system. Four centuries later, one scholar came up with a theory that it strongly influenced the justice system for decades afterwards, particularly in the governing and punishment of slaves.[7] In the "Calendar of State Papers Colonial, America and West Indies: Volume 1, 1574-1660," the following unattributed commentary on the code is present:

On 12 May following [1611] arrived Sir Thos. Dale, with three ships, 300 persons, and provisions 'for the most part, such as hogs refused to eat.' He immediately published most tyrannous and cruel laws sent over by Sir Thos. Smythe.[8]

Notes

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Footnote

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  1. ^ Full title: Articles, Lawes, and Orders, Divine, Politique, and Martiall for the Colony in Virginea: first established by Sir Thomas Gates Knight, Lieutenant Generall, the 24th of May 1610. exemplified and approved by the Right Honourable Sir Thomas West Knight, Lord Lawair, Lord Governour and Captaine Generall the 12th of June 1610. Againe exemplified and enlarged by Sir Thomas Dale Knight, Marshall, and Deputie Governour, the 22nd of June. 1611. Later published by William Strachey in London as: For the Colony in Virginea Britannia. Lawes Divine, Morall and Martiall, etc.[1]

References

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  1. ^ https://moglen.law.columbia.edu/ALH/lawesdivine.pdf
  2. ^ Tarter, Brent. "Lawes Divine, Morall and Martiall". Encyclopedia Virginia. Retrieved 15 June 2015.
  3. ^ Miller, Elmer Isaiah (1907). The Legislature of the Province of Virginia: Its Internal Development. Columbia University (Doctorate Thesis). pp. 16–17. Retrieved 15 June 2015. Dale's Code.
  4. ^ Friedman, Lawrence M. (2005). A History of American Law: Third Edition. Touchstone. pp. 10–11. ISBN 0-684-86988-8.
  5. ^ Bernhard, Virginia (2011). A Tale of Two Colonies: What Really Happened in Virginia and Bermuda?. University of Missouri Press. p. 151. ISBN 9780826272577.
  6. ^ Konig, Thomas (1982). "'Dale's Laws' and the Non-Common Law Origins of Criminal Justice in Virginia". The American Journal of Legal History. 26 (4). Temple University: 354–375. doi:10.2307/844941. JSTOR 844941.
  7. ^ "America and West Indies: July 1624". Calendar of State Papers Colonial, America and West Indies: Volume 1, 1574-1660. Ed. W Noel Sainsbury(London, 1860), , British History Online. Web. 30 October 2024.
  8. ^ "America and West Indies: July 1624". Calendar of State Papers Colonial, America and West Indies: Volume 1, 1574-1660. Ed. W Noel Sainsbury(London, 1860), , British History Online. Web. 30 October 2024.
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