Lawes Divine

Excerpt from "Lawes Divine, Morall and Martiall"

Original "Lawes Divine" published in 1611

Reprinted from Tracts and Other Papers Relating Principally to Origin, Settlement, and Progress of the Colonies of North America from the Discovery of the Country to the Year 1776, edited by Peter Smith

Published in 1947

The Magna Carta officially became part of English law in 1297 and was used to defend against abuse of power by English royalty. The Magna Carta was put to its strongest test in the first half of the 1600s during the rule of King James I from 1603 to 1625 and Charles I, who ruled from 1625 to 1649. Both were from the House of Stuart and reasserted a king's right to absolute power over his subjects. Each believed his ruling power came directly from God, not from the consent of the people and certainly not from a written document like the Magna Carta.

In 1606 it was King James who granted the Virginia Company of London a charter to recruit individuals for settlement of the new land called Virginia. The officers of the Virginia Company ruled over the Virginia settlements until 1624 when King James revoked their charter for not making enough money. From the initial settlement at Jamestown in 1607, the Church of England, overseen by King James, was the official church of the English settlements.

"No man shall use traitorous words against his Majesty's person or royal authority, upon pain of death."

The English church was led by the pope and the Catholic Church until 1534 when Parliament passed the "Act of Supremacy," declaring the king of England and not the pope as head of the Church of England, commonly called the Anglican Church. The royal government and the Anglican Church became tightly interlocked. When in 1609 the Virginia Company in London made plans to spread the settlers out along the James River in Virginia, they included plans for a church at each site. To maintain order and strict obedience to the Anglican Church and therefore to King James, the company prepared and imposed the "Lawes Divine, Morall and Martiall" upon its settlers in 1611.

The "Lawes Divine" were a harsh set of rules by which all Virginia colonists were supposed to live. The rules addressed aspects of settlement life from daily church attendance to the consequences of stealing a plant from another's garden. The ultimate punishment associated with violating most of the rules was death. The concept of individual rights and liberties put forth in the Magna Carta found no place in "Lawes Divine."

Foreshadowing the "Lawes"

The first permanent English settlers, approximately one hundred men, arrived on the Virginia shore in April 1607 and began settling a marshy peninsula they named Jamestown. Instead of allowing themselves time to recuperate from the difficult four-month journey across the Atlantic, the men immediately started clearing trees, building shelters, and recklessly devouring the food and ale brought from England. Later, with little food and after drinking the salty marsh water, the settlers began to sicken and die.

Even though wildlife and fish were abundant, few settlers had any idea how to hunt or fish. To make matters worse, their leaders constantly bickered and quarreled among themselves over how to improve their dire situation. By January 1608 when more settlers and supplies arrived from England only thirty-eight men were still alive. One of the survivors was Captain John Smith (1580–1631) who took over leadership of Jamestown in September 1608 when other men proved incapable of the task.

Twenty-eight-year-old Smith demanded the Virginia Company not send him gentlemen but rather individuals who were carpenters, farmers, fishermen, and those with strong backs capable of the arduous work needed to build a settlement. Smith instituted strict military-like discipline and reverence of the Almighty from which he, like all Anglicans, believed all power and success came. After resorting to these measures, the Virginia settlement got back on track. Smith's organizational approach foreshadowed the severe regulations of "Lawes Divine."

Quoted in Philip Alexander Bruce's 1910 book Institutional History of Virginia in the Seventeenth Century, the gallant persevering Smith attributed the Jamestown settlement's preservation "to the direct intervention of the almighty [God], whose providence [divine guidance] however dark the hour, never failed them." Yet after being injured in a gunpowder explosion in the summer of 1609, Smith left for England in October and never returned.

The settlers left behind, including four hundred more who arrived in August, were left without Smith's leadership through the harsh winter of 1609–10. So many starved to death that winter it became known as the "starving time." Of five hundred settlers alive in the fall, only sixty survived until spring. Just as the Jamestown settlers were strongly considering a return to England, a new governor, Thomas West (1577–1618), and ships laden with supplies arrived in late spring 1610.

West, known as Lord De la Warr, immediately gave orders to repair the Jamestown church and stabilize the settlement. During his administration prayers were read daily at ten o'clock in the morning and four o'clock in the afternoon. Two sermons continued to be preached on Sunday plus one on Thursday. Surviving records of early Jamestown clearly illustrate how loyalty to the familiar religious observances back home in England had become a required part of the settlers' daily life.

In early 1611 Lord De la Warr fell deathly ill and hastily returned to England. He reported to the Virginia Company that settlement troubles continued, including the death of more colonists, difficulties with neighboring Indians, and few if any prospects for profitable operations to make the colony pay off. Nevertheless, the Virginia Company refused to give up on its struggling venture.

The company sent Sir Thomas Gates and Sir Thomas Dale to Virginia in May 1611. Gates was appointed governor to replace Lord De la Warr and Dale served in a new position called marshal. Marshals maintained discipline in English armies under rules of martial law—discipline maintained by military authority. Dale was charged with maintaining discipline in Virginia but had no real military force, just various appointed officers. Instead the Virginia Company armed Dale with the "Lawes Divine, Morall and Martiall."

Both Gates and Dale demanded strict adherence to the lawes. Dale considered his work at Jamestown as laying a solid foundation of morality and piety that would allow the colony to prosper. He thought the "Lawes Divine" were absolutely necessary to repress all disorder, wrongdoing, and to assure respect for religion and the church's rules. Every leader or "officer" in the colony was ordered to set an example by attending daily prayers, both Sunday sermons and one weekday sermon.

Dale required punctuality (being on time). Together with input from four religious and dependable settlers of their choosing, church officials (known as clergy) observed and reported to Dale any colonist who failed to attend services. As set in the "Lawes Divine," punishment for not following the rules was severe—loss of pay and food for a specified period, whipping, loss of one's ears, and even death.

The following excerpt contains only "lawes" directed toward the colonists. Following those thirty-seven or so laws were extensively detailed instructions to the colony officials comprising the "Martiall" part of the "Lawes."

Things to remember while reading excerpts from "Lawes Divine, Morall and Martiall":

• King James I believed he ruled by the divine (guided by God) right of kings. Therefore all laws, although written by royal representatives, such as the officers of the Virginia Company, directly came through God and the king.
• Because the laws were "divine," punishment for disobedience was extreme.
• Analysis of each word in the title of the excerpt reveals much about the nature of the Lawes: "Lawes"—laws; "Divine"—guided by God and also used as a name or title of an individual clergy member as "the reverend Divine"; "Morall"—morals (the rights and wrongs of behavior as approved by the ruling authority, and overseen by God); "Martiall"—martial law, or law enforced by military authority—in the case of the English settlements the marshal and his appointed officers enforced the "Lawes."
• The Lawes Divine illustrate how the first settlers in America lived under laws granting no liberty or civil rights.

Excerpt from "Lawes Divine, Morall and Martiall"

Note: Lawes 1 through 10 are a modern English translation. To serve as an example, the remainder of the excerpt is in the original Old English wording. Reading at a careful pace, it is relatively easy to understand.

Whereas his Majesty . . . has in his own realms a principal care of true religion and reverence to God and has always strictly commanded his generals and governors, with all his forces wheresoever, to let their ways be, like his ends, for the glory of God. . . .

1. First, Since we owe our highest and supreme duty, our greatest, and all our allegiance to Him for whom all power and authority is derived and flows as from the first and only fountain, and being especial soldiers impressed in this sacred cause, we must alone expect our success from Him, who is only the blesser of all good attempts, the king of kings, the commander of commanders, and lord of hosts, I do strictly command and charge all captains and officers, of what quality or nature soever, whether commanders in the field or in town or towns, forts or fortresses, to have a care that the Almighty God be duly and daily served and that they call upon their people to hear sermons, as that also they diligently frequent morning and evening prayer themselves by their own exemplar and daily life and duty herein, encouraging to the martial law in the case provide. . . . [All power, success, and good comes from the Lord. He is the supreme commander. All officers of the colony owe their allegiance to the Lord. All officers must set an example for the settlers by faithfully attending all sermons and morning and afternoon prayer. If officers fail to set a proper example they will receive appropriate punishment.]

3. That no man blaspheme God's holy name upon pain of death, or use unlawful oaths, taking the name of God in vain , curse, or bane upon pain of severe punishment for the first offense so committed and for the second to have a bodkin thrust through his tongue; and if he continue the blaspheming of God's holy name, for the third time so offending, he shall be brought to a martial court and there receive censure of death of his offense. [No one may curse or mock the name of the Lord, which is blasphemy. Punishment for the first offense is not specified but would involve severe pain; punishment for the second offense was a pierced tongue; and for the third offense, death.]

4. No man shall use any traitorous words against his Majesty's person or royal authority, upon pain of death. [No settler may betray the trust or refuse to carry out a duty demanded by an officer of the settlement; officers are appointed by the king. Punishment is death.]

5. No man shall speak any word or do any act which may tend to the derision or despite of God's holy word upon pain of death; nor shall any man unworthily demean himself unto any preacher or minister of the same, but generally hold them in all reverent regard and dutiful entreaty ; otherwise he the offender shall openly be whipped three times, and ask public forgiveness in the assembly of the congregation three several Sabbath days.

6. Every man and woman duly, twice a day upon the first tolling of the bell, shall upon the working days repair unto the church to hear divine service upon pain of losing his or her day's allowance for the first omission, for the second to be whipped, and for the third to be condemned to the galleys for six months. Likewise, no man or woman shall dare to violate or break the Sabbath by any gaming, public or private abroad or at home, but duly sanctify and observe the same , both himself and his family, by preparing themselves at home with private prayer that they may be the better fitted for the public, according to the commandments of God and the orders of our church. As also every man and woman shall repair in the morning to the divine service and sermons preached upon the Sabbath day in the afternoon to divine service and catechizing , upon pain for the first fault to lose their provision and allowance for the whole week following, for the second to lose the said allowance and also to be whipped, and for the third to suffer death. . . .

8. He that, upon pretended malice , shall murder or take away the life of any man, shall be punished with death. [No man shall murder another.]

9. No man shall commit the horrible and detestable sins of sodomy , upon pain of death, and he or she that can be lawfully convicted of adultery shall be punished with death. No man shall ravish or force any woman, maid or Indian or other, upon pain of death; and know that he or she that shall commit fornication , and evident proof made thereof, for their first fault shall be whipped, for their second they shall be whipped, and for their third they shall be whipped three times a week for one month and ask public forgiveness in the assembly of the congregation.

10. No man shall be found guilty of sacrilege , which is a trespass as well committed in violating and abusing any sacred ministry, duty, or office of the church irreverently or prophanely, as by being a church robber to filch , steal, anything out of the church appertaining thereunto or unto any holy and consecrated place to the divine service of God which no man shall do upon pain of death. Likewise, he that shall rob the store of any commodities therein of what quality soever, whether provisions of victuals , or of arms, trucking stuff, apparel, linen, or woolen, hose or shoes, hats or caps, instruments or tools of steel, iron, etc., or shall rob from his fellow soldier or neighbor anything that is his, victuals, apparel, household stuff, tool, or what necessary else soever, by water or land, out of boat, house, or knapsack shall be punished with death. . . . [(a) No one may disrespect or abuse church sacraments like baptism, taking communion, or marriage; (b) no one may steal or destroy items belonging to the church or ministry; (c) no one may steal from the supply house or from anyone else's property—food, weapons, clothes, material, tools, etc.; (d) punishment for all could be death.]

15. No man of what condition soeuer shall barter, trucke, or trade with the Indians, except he be thereunto appointed by lawful authority, vpon paine of death. . . .

23. No man shall imbezell , lose, or willingly breake, or fraudulently make away, either Spade, Shovell, Hatchet, Axe, Mattocke , or other toole or instrument vppon paine of whipping.

24. Any man that hath any edge toole, either of his owne, or which hath heretofore beene belonging to the store, see that he bring it instantly to the storehouse, where he shall receive it againe by a particular note, both of the toole, and of his name taken, that such a toole vnto him appertaineth, at whose hands, vpon any necessary occasion, the said toole may be required, and this shall he do, vpon paine of seuere punishment [anyone who has borrowed a tool must return it, then sign it out again when needed by using his name]. . . .

31. What man or woman soeuer, shall rob any garden, publike or priuate, beingset to weed the same, willfully pluck vp therein any roote, herbe, or flower, to spoile and wast or steale the same, or robbe any vineyard, or gather vp the grapes, or steale any eares of the corne growing, whether in the ground belonging to the same fort or towne where he dwelleth, or in any other, shall be punished with death [no stealing from another's garden or vineyard; punishment is death]. . . .

All such Bakers are appointed to bake bread, or what else, either for the store to be giuen out in generall, or for any one in particular, shall not steale nor imbezell, loose, or defraud any man of his due and proper weight and measure nor vse any dishonest and deceiptfull tricke to make the bread weigh heavier, or make it courser vpon purpose to keepe back any part or measure of the flower or meale committeed vnto him [bakers must follow a strict recipe for baking bread and use a set amount of ingredients]. . . .

All such cookes as are appointed to seeth [i.e., boil], bake or dresse any manner of way, flesh, fish, or what else, of what kind soeuer, either for the generall company, or for any private man, shall not make lesse, or cut away any part or parcel of such flesh, fish, etc. [cooks must prepare food without holding back any for themselves]. . . .

All fishermen, dressers of Sturgeon or such like appointed to fish, or to cure the said Sturgeon for the vse of the Colonie, shall giue a just and true account of all said fish as they shall take by day or night . . . the first time offending heerein, of losing his eares, and for the second time to be condemned a yeare to the Gallies, and for the third time offending, to be condemned to the Gallies for three yeares [fishermen must accurately report all fish they catch; punishment for bakers, cooks, and fishermen: first offense—loss of ears; second offense—a year in a ship galley; third offense—three years in a galley]. . . .

What happened next . . .

The strict enforcement of the "Lawes Divine" by Gates and Dale worked. The behavior of colonists generally fell into line. The governor and marshal were able to increase the number of settlements along the James River and encouraged crop experimentation. Colonist John Rolfe found that a West Indian species of tobacco, Nicotiana tabacum, grew easily on the Virginia land. In 1614 Gates took four barrels of the dried tobacco back to England. The English clamored to purchase it.

The settlements soon realized they had a crop, tobacco, to sustain them. Back in London, however, the Virginia Company was financially strapped after years of investing in the settlements with no profits. Sir Edwin Sandys assumed leadership of the company in 1618. Sandys promised liberal land grants and replacement of the Lawes Divine with a more representative government arrangement for the settlements. Sandys appointed Sir George Yeardley as the new governor of Virginia and sent him across the Atlantic with supplies and new settlers.

As soon as Yeardley arrived in April 1619, he announced the martial law of the Lawes Divine would end. He told the colonists to elect two citizens from each settlement and come to Jamestown in late July to decide on new laws with which to rule the colonies. On July 30, 1619, an assembly convened in the Jamestown church. The meeting lasted six days. First, after approving the "Great Charter" that allowed the assembly to exist, the members decided on laws prohibiting drunkenness, idleness, and gambling. They discussed land issues, planting, and relations with Indians.

Discussions led to the idea of having the colonists draft some laws themselves. John Pory, a colonist, went so far as to suggest that he and his fellow settlers should be able to "allowe or disallowe" orders from the Virginia Company back in London. At the time, the Virginia Company had complete veto power over anything passed by the assembly. For the Virginia Company's officers in London—who were considered representatives of King James—this suggestion was radical. They still believed themselves messengers from God since all laws came from God's guidance through the British crown. Nevertheless, the seeds of law and independence for the colonists had been planted.

Did you know . . .

• The assembly that met on July 30, 1619, at the church in Jamestown, Virginia, was the first legislative (lawmaking) body in America.
• The Jamestown assembly gave itself a very British name, the House of Burgesses. A burgess was a citizen of a British borough. In England, a borough was any community that could send a representative to Parliament, England's legislative body.
• The assembly approved the first tax in America on August 4, 1619. The burgesses decreed that every man in the Virginia colony must give one pound of his very best tobacco to those who met at Jamestown in payment for their services.

Consider the following . . .

• List traits of character individuals who volunteered to go to Virginia must have possessed. Based on the characteristics you list, do you think the severe "Lawes" prepared by the Virginia Company were justified for colony survival? Why or why not?
• Use your imagination to write about a day in the life of a settler living under the Lawes. How well or how poorly does your settler adapt to the rules?
• Obtain a copy of the U.S. Bill of Rights written in 1791. Study amendments 1, 5, and 6. Compare and contrast the basic liberties and rights in these amendments with the regulations set in the Lawes.
• Review the names of the early governors of the Jamestown settlement. For whom was the colony of Delaware named?

Blaspheme: Show lack of reverence toward something holy.

Vain: A disrespectful or rude manner.

Bane: With an intent to ruin or harm.

Bodkin: A long sharp instrument for making holes in cloth.

Derision or despite: Show contempt for or defiance and ridicule.

God's holy word: Words from the Bible.

Demean: Behave disrespectfully.

All reverent regard and dutiful entreaty: Have only the utmost respect for the clergymen.

Sabbath: Sunday.

Working days: Monday through Saturday.

Public or private abroad: Outside the home.

Sanctify: Make holy.

The same: Sabbath.

Catechizing: Teaching.

Pretended malice: Intent to cause injury.

Sodomy: Homosexual activities or certain forms of sexual activity.

Adultery: Sexual relations between a married person and someone other than his or her spouse.

Ravish: Rape.

Fornication: Sex between two people not married to one another.

Guilty of sacrilege: Showing disrespect for the church or its sacraments [acts of faith].

Filch: Take.

Commodities: Supplies.

Victuals: Food.

Imbezell: Old English for embezzle; when someone steals property entrusted to his or her care by another.

Mattocke: A digging tool.

Sturgeon: Large, bony fish.

For More Information

Books

Billings, Warren M., John E. Selby, and Thad W. Tate. Colonial Virginia: A History. White Plains, NY: KTO Press, 1986.

Bruce, Philip A. Institutional History of Virginia in the Seventeenth Century. New York: Knickerbocker Press, 1910.

Davis, Burke. Getting to Know Jamestown. New York: Coward, McCann, and Geoghegan, 1971.

Force, Peter, ed. Tracts and Other Papers, Relating Principally to the Origin, Settlement, and Progress of the Colonies in North America, From the Discovery of the Country to the Year 1776. Vol. 3. New York: Peter Smith, 1947.

Lacy, Dan M. The Colony of Virginia. New York: F. Watts, 1973.

Web Sites

Excerpts from the "Lawes Divine, Morall, and Martiall." Le Projet Albion.http://puritanism.online.fr/puritanism/sources/valaws1611.html (accessed on August 24, 2004).

First Legislative Assembly at Jamestown, Virginia.http://www.nps.gov/colo/Jthanout/1stASSLY.html (accessed August 24, 2004).