Gates and De la Warr these laws seem not to
have been enforced vigorously, but were utilized chiefly _in
terrorem_.[96] Under Dale and Argoll, however, not only were they put
into merciless operation, but were reinforced with a series of martial
laws, drawn from the code in use among the armies of the Netherlands.
The Divine, Moral and Martial Laws, as they were called, undoubtedly
brought about good order in the colony, and aided in the establishment
of prosperity, but they were ill suited for the government of free-born
Englishmen. They were in open violation of the rights guaranteed to the
settlers in their charters, and caused bitter discontent and resentment.
At times they were enforced with odious harshness and injustice. Molina
declared that the Governors were most cruel in their treatment of the
people, often using them like slaves.[97] The Virginia Assembly of 1624
gives a vivid, though perhaps an exaggerated, picture of the severity of
the government. "The Colony ... remained in great want and misery under
most severe and Cruell lawes sent over in printe," they said, "and
contrary to the express Letter of the Kinge in his most gracious
Charter, and as mercylessly executed, often times without tryall or
Judgment." Many of the people fled "for reliefe to the Savage Enemy, who
being taken againe were putt to sundry deathes as by hanginge, shooting
and breaking uppon the wheele and others were forced by famine to filch
for their bellies, of whom one for steelinge of 2 or 3 pints of oatmeale
had a bodkin thrust through his tounge and was tyed with a chain to a
tree untill he starved, if a man through his sicknes had not been able
to worke, he had noe allowance at all, and soe consequently perished.
Many through these extremities, being weary of life, digged holes in the
earth and there hidd themselves till they famished."[98] In 1612,
several men attempted to steal "a barge and a shallop and therein to
adventure their lives for their native country, being discovered and
prevented, were shot to death, hanged and broken upon the wheel".[99]
There was some criticism in England of the harshness of the laws, but
Sir Thomas Smith, then the guiding spirit of the London Company,
declared that they were beneficial and necessary, "in some cases _ad
terrorum_, and in others to be truly executed".[100]
As time passed and the population of the colony increased, it became
necessary to extend beyond the confines of Jamestown
|