The times. [volume] (Richmond, Va.) 1890-1903, 1894-12-28
Co,cniaI Laws in f.rIinii.


tbat IN Colonial times the laws
in virginia made absence from
church services "A crime-dnd Tor the
tnUd offence prescribed the dedth pehdlt!
80 slow has the world been - learn the
sacredncss OF human ne. go,
such an unqualified statement lioh
such a source has naturally attracted At
tentton and one lnVOluntdr1ty ASKS I'm
il be- true and II SO, under "ndt cN-
cumStaceS did such a law ever exist
turning back 10 that period OF the Colo
ny betWeen 1903 and lull, just after inc
FIRST struggle Tor "A bare ioothold IN VIZ
gina wpcn the SCNrreSt consequences Hdu
come from the decentralization ana idck ot
discipline within the colony. ana "ioI
the only man-Ca9tun Sl1nth-Wn" Hdu
showed himself able TO contfOi me H'-
structtyc clements without and WITHIN hdd
been disabled, and withdrawn II apPedI7
that at this critical Juncluie eNudoI ul''a-
~ measures were resOrted 70 by the du-
tborities i'm England. At that time Slf
Thomas Dale was sent out tNarch, i'il'
with a new supply ana new authorltN:
IN the excellent History of the 'piohlal
church, by James = NJ: Nhoe l,oi ".
A. UondOn Ed. 1850 Vol, l.
Page 2SW, We read Of the now
Governor: "S,r Thomas Dale was
a man of no ordinary character touL
Gus patient and perSeNcrluS, ne "ds
over mindful OF the great end 10 Whlch
an earthly thoughts and la3ors oughi 10
he directed letter Is still eXtant writ
ten by Dale 10 a friend of his in London
when clearly shows the Chafdcte" - HIS
mind Himself and his freid had cyl
IDENTIFY DOth regarded ana spoken ol ,'e
enterprise $40 which he was engaged as Il
part of that religious warfare To "hlch'
i'm BAPTISM ne mad been pledged, ana tlc
prtZc Of which was the Advancement OF
Ciods glory such was the man VINO
had been sent to the colony Ia It's MS
trCSS.
Speaking OF tie extraordinary powers
committed to him, Anderson says page
&lI: AN authority mad been delegated 10
Dale AT an early period of mis- govern
ment Of Virginia. the notice Of when
must not be- omitted m TINS place since
| 1t initiated greatly against inc proper
character ana influence OF the thWch IN
| that province. 1hc authority was NOM
| ing less than that of establishing as an
universal rule mat exercise OF martial
law which. under the charter. had been
limited 10 cases of rebellion and mutiny.
me duties ID eaCn department in the
colony was henCetorth 10 be regulated by
the same summary process, ana although
In the hands OF SIR Thomas Dale the pos
session OF sucn terrible power created no
present mischief II was impossible that
EVIL should not result from thdl Whlcn
was Itself an evil. The Book OF Al
ticleS and Laws was entitled: For the
Colony IN Virginia, Bntannia, Laws ~
vine, Moral ana Martial ana was sent
TO Dale by sir Thomas Smith, treasurer OF
the Council IN London, but without the
History OF virginia page l2j), OF the
Council and company in England. When
printed in London, IN 1917, this book OF
laws was pTctdCei By dedication TO the
company ana Lord he La War;, etc.
ON the title page OF this published edl-
non was Latn motto, at once depre-
catory ana apologize: Res nOStra Su-
Dlnde non stunt quales quiS Optarct, sct
quaIes esse poSsunt' tOur affairs are often
moi such as one would deSire-but such as
are pOsSibleD. 50 the Objectionable nature
OF the iRtruCuons was confessed 10y the
authors from the FIRST and whether sane
toned by the company and Council or
not. Dale received them from their treas
urer ana acted on them as tar as lie
saw III.
1t may he of interest TO sec some CG
these extraordinary martial laws, which
bore upon the civil ana religious interests
Of Virginia IN those pcrilOus early ddNS.
Quoting again from Anderson page 2S3l:
''Thus TO speak inpIDusly o: n4anciOusly
against the Holy and Blessed Trinitie or
against the knCWnc articles OF the Chris
ti4n faith OF to DO any act that may
tend to the derislOn or deSpiSht OF Gods
Holy Word, was constituted an offence
puntS hable by death. 10 utter blasphe-
my or unlawful oathcs exposed the
criminal 10 have a budklu thrust through
MS tongue. and repetition 81 the 81
fence was to bring MIN TO a martial court
ana there receive CenSure OF death. 10
behave IrrtNereutlY unto 2uy Preacher or
Minister OF Gods Word was a crime Tor
when the offender was 10 be 'opeliy
whipt three times, and 10 ask publike Tor
giveness in the assembly three several
SABBATH daies Absence from divine service
upon the working daics. OF the SABBATH, was
10 he visited the first time by a forfeit
IRE Of the day S 1T weeks allowance. the
second by whipping. and The third 10y
condemnation TO the Galllc5 Tor six
months or even death. II any persons,
upon arriving IN the colony, should refuse
10 repair 20 the minister 90 give. up an
account OF their idtth and religion, they
we're for the FIRST refusal To bc whipped
once. Tor the second % be whipped twice
and made TO acknowledge their tdult upon
Tie Sahath day IN the assembly OF the
congregation, ana Tor the thlrd 10 pe
whipped every day until they had made
lrKuow ledGIuent ana asked forgiveness
for the same Lastly, every minister or
preacher was TO read every SaDdth day
before catechising all these laws ana or
dinances, which were thirty -SeVen III mum
Der, pubfkely, n the Assembly OF tue
congregation, upon paine OF his enter
tainment checkt TOR that Weeke. II must
be evident that to attempt 10 build up any
good work upon so miserable foundation
as this would utterly ialI, as II deserved
10 do. The very cruelty OF such enact
ments was. IN fact barrier against
| the execution of them. Dale, no DOUBT,
sd trat 1t was lmpractic1ble TO carry
| them into effect. But We have seen That
| higher motives than any which mere eN-
| pediency could suggest influenced him;
| and whist he awaited himself OF the
I.awes Martial strictly so~called. to re-
| press the plots and instructions which
| endangered the welfare of the colony, he
carefully abStaned from laying upon the
! people those burdens which We're created
| by the Iawes Poltique, OF the same
! code That part OF Il may be said 10
| nave remained under his administration
| a dead letter.
| The above extracts are taken from quite
| a fun treatment OF the matter by Ander-
son. In dealing with plots and insurrec-
| lions Dale was undoubtedly severe; but, as
| MIR Cooke says page 50, History OF Nir-
| giniaD, ne was apparently Obliged TO be
/ merclless." IF his laws had not been
! so strictly executed. says one of The
| fairest OF the contemporary writer's, Il
| see not how the utter subversion OF the
| colony could have been prevented.
| But, after ALL martial lay was so little
| 10 the minds of the colonists that about
| ten years after In 1874. when he House
| OF Burgesses met, number of
| the turgesses put themselves Oh record
| in q "declaration'' OF what they had wit