n Virginia may be assumed, but the
book was no doubt written after his return to England.

[This code of laws, with its penalty of whipping and death for what
are held now to be venial offenses, gives it a high place among the
Black Codes. One clause will suffice:

"Every man and woman duly twice a day upon the first towling of the
Bell shall upon the working daies repaire unto the church, to hear
divine service upon pain of losing his or her allowance for the first
omission, for the second to be whipt, and for the third to be
condemned to the Gallies for six months. Likewise no man or woman
shall dare to violate the Sabbath by any gaming, publique or private,
abroad or at home, but duly sanctifie and observe the same, both
himselfe and his familie, by preparing themselves at home with
private prayer, that they may be the better fitted for the publique,
according to the commandments of God, and the orders of our church,
as also every man and woman shall repaire in the morning to the
divine service, and sermons preached upon the Sabbath day, and in the
afternoon to divine service, and Catechism upon paine 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
whipt, and for the third to suffer death."]

Was it written before or after the publication of Smith's "Map and
Description" at Oxford in 1612? The question is important, because
Smith's "Description" and Strachey's "Travaile" are page after page
literally the same. One was taken from the other. Commonly at that
time manuscripts seem to have been passed around and much read before
they were published. Purchas acknowledges that he had unpublished
manuscripts of Smith when he compiled his narrative. Did Smith see
Strachey's manuscript before he published his Oxford tract, or did
Strachey enlarge his own notes from Smith's description? It has been
usually assumed that Strachey cribbed from Smith without
acknowledgment. If it were a question to be settled by the internal
evidence of the two accounts, I should incline to think that Smith
condensed his description from Strachey, but the dates incline the
balance in Smith's favor.

Strachey in his "Travaile" refers sometimes to Smith, and always with
respect. It will be noted that Smith's "Map" was engraved and
published before the "Description" in the Oxford tract. Purchas had
it, for he says, in writing of Virginia for his