Dale's Code

Legal system of colonial Virginia From Wikipedia, the free encyclopedia

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]

Quick Facts Author, Original title ...
For the Colony in Virginea Britannia. Lawes Divine, Morall and Martiall, etc
Thumb
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
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Two severe punishments under Dale's Code were: an oatmeal-thief was chained to a tree and left to starve; a pregnant Anne Laydon (Anne 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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