Dale's Code (the Lawes Divine, Morall, and Martiall[note 1], also known as "Dale's Laws" or the "laws of 1612") is a governing document enacted 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]
Dale's Code remained in force until c. 1618.[5] 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.[6] 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.
— "America and West Indies: July 1624 | British History Online". www.british-history.ac.uk. Retrieved 2021-06-28.
Notes
Footnote
- ^ 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 as: For the Colony in Virginea Britannia. Lawes Divine, Morall and Martiall, etc.[1]
References
- ^ https://moglen.law.columbia.edu/ALH/lawesdivine.pdf
- ^ Tarter, Brent. "Lawes Divine, Morall and Martiall". Encyclopedia Virginia. Retrieved 15 June 2015.
- ^ 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.
- ^ Friedman, Lawrence M. (2005). A History of American Law: Third Edition. Touchstone. pp. 10–11. ISBN 0-684-86988-8.
- ^ 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.
- ^ "America and West Indies: July 1624 | British History Online". www.british-history.ac.uk. Retrieved 2021-06-28.
External links
- Dale's Code at the Columbia Law School
- Simplified version of Dale's Code[dead link] at the Jamestown Settlement & Yorktown Victory Center