Overview
Harsh martial laws imposed on the struggling Jamestown colony. Represents authoritarian governance born of desperation - a stark contrast to the self-governance that would develop later in colonial America.
Historical Context
The Crisis: Jamestown (founded 1607) was a disaster. Settlers died from disease, starvation, and conflict with Powhatan Indians. The winter of 1609-1610 was so brutal survivors reportedly resorted to cannibalism.
The Response: Sir Thomas Gates arrived in May 1610 to find corpses and chaos. He planned to abandon the colony, but Lord De La Warr arrived with supplies and reinforcements. Sir Thomas Dale followed in 1611 with these laws.
The Laws: Called "Lawes Divine, Morall and Martiall" - they imposed military discipline on civilians. Death penalty for blasphemy, theft, unauthorized trading with natives, even killing chickens without permission.
The Purpose: Survival, not liberty. The Virginia Company was losing money and settlers. Harsh discipline was meant to force labor and prevent the anarchy that had nearly destroyed the colony.
The Legacy: These laws show America's authoritarian origins. The journey from martial law (1610) to the Virginia Declaration of Rights (1776) is the story of colonial political development.
Full Text
Whereas his Majesty hath been pleased to give us authority to establish and cause to be executed such laws as may direct our colony in Virginia, for the glory of God and our Sovereign...
ARTICLE I: Every man and woman shall repair in the morning to divine service and sermons, and in the afternoon to divine service and catechism, upon pain for the first offense to lose their provision and allowance for the whole week following; for the second, to lose the same and to be whipped; and for the third, to suffer death.
ARTICLE VII: No man shall ravish or force any woman, maid or Indian, or other, upon pain of death.
ARTICLE XI: He that shall take away any thing from the store, whether provisions, tools, or arms, either by day or night, shall be punished with death.
ARTICLE XII: No man shall rifle or despoil, by force or violence, take away anything from any Indian coming to trade, upon pain of death.
ARTICLE XXI: Whosoever shall give or sell any weapons or arms to any Indian or savage, or whosoever shall repair any weapon for them, upon pain of death.
ARTICLE XXXIII: No man shall go or send abroad without a sufficient party and good arms, even upon business of the colony, upon pain of death.
ARTICLE XXXVI: Every man shall have an especial and due care to keep his house sweet and clean, as also so much of the street as lies before his door, and especially he shall provide a close place for the doing of natural necessities, and shall daily bury the same, upon pain of whipping.
ARTICLE XXXVII: There shall no man or woman dare to wash any unclean linen near the well or pump, nor do the necessities of nature within less than a quarter mile of the fort, upon pain of whipping.