Virginia Articles, Laws, and Orders  5
Source: “Articles, Lawes, and Orders, Divine, Politique, and Martiall for the Colony in Virginea.” In
Peter Force, 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, no. 2 (Washington, DC: W. Q.
Force, 1844).
preach every Sabbath day in the forenoone, and Catechise in the
afternoone, and weekly say the divine service, twice every day, and
preach every Wednesday, likewise every Minister where he is resi-
dent, within the same Fort, or Fortresse, Townes or Towne, shall
chuse unto him, foure of the most religious and better disposed as
well to informe of the abuses and neglects of the people in their
duties, and service to God, as also to the due reparation, and keep-
ing of the Church handsome, and fitted with all reverent obser-
vances thereunto belonging: likewise every Minister shall keepe a
faithful and true Record, or Church Booke of all Christnings, Mar-
riages, and deaths of such our people, as shall happen within their
Fort, or Fortresses, Townes or Towne at any time, upon the burthen
of a neglectfull conscience, and upon paine of losing their Entertain-
ment . . .5
33. There is not one man nor woman in this Colonie now present, or
hereafter to arrive, but shall give up an account of his and their faith,
and religion, and repaire unto the Minister, that by his conference
with them, hee may understand, and gather, whether heretofore they
have beene sufficiently instructed, and catechised in the principles
and grounds of Religion, whose weaknesse and ignorance herein, the
Minister finding, and advising them in all love and charitie, to repaire
often unto him, to receive therein a greater measure of knowledge . . .
Every Minister or Preacher shall every Sabboth day before Cate-
chising, read all these lawes and ordinances, publikely in the assem-
bly of the congregation upon paine of his entertainment checkt for
that weeke.6
5
The churches were not only the geograph-
ical center of these settlements; they were
the social center as well. But beyond this,
almost all recordkeeping—the things we
expect to be done by bureaucrats—were
performed by the churches. Additionally,
most social rites, including that of marriage,
were under the sole authority of the church.
The state is, historically speaking, a late-
comer to the marriage game, and whatever
authority a secular state has is either taken
or borrowed from the church.
6
At work here, in part, is the definition of
law as “the rule of reason promulgated by a
legitimate authority.” The colonists believed
that the law had to be clear and communi-
cated regularly to the citizens. The absence
of such promulgation would undermine
the legitimacy of the law, create conditions
under which individuals could plead igno-
rance, and disconnect law from its funda-
mental purposes.
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