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“by a narrow stream cut through a neck of land by in- chores dustry, whereby that part is become an island,” it was thought meet that the inhabitants there should gather 1650. into church body and build a meeting-house, which was accordingly done, but no one as yet was called to office as pastor. This second church in Boston was the thirteenth in the colony. ,

The militia, consisting of twenty-six companies of foot, besides a “very gallant horse troop,” was drilled to the use of arms eight days in the year. “None are exempt,” says our gallant captain, “except a few timorous persons, that are apt to plead infirmity if the church choose them not as deacons, or they can not get to serve some magistrate or minister; but assuredly the generality of this people are very forward for feats of war, and many, to further this work, have spent their time and estates.” Each soldier was required to keep constantly by him “powder, bullets, and match.” Besides the town magazines of powder and military stores, there was also a general magazine, for the colony, all under the charge of an inspector, who had a sharp eye to keep them well supplied. “There are none chosen to office in any of these bands, but such as are freemen, supposed to be men endued with faith in Christ Jesus;” whereupon our captain adds this weighty caution: “Let all people know that desire the downfall of New England, they are not to war against a people only exercised in feats of arms, but men, also, who are experienced in the deliverances of the Lord from the mouth of the lion and the paw of the bear. And now woe be to you; when the same God that directed the stone to the forehead of the Philistine guides every bullet that is shot at you, it matters not for the whole rabble of anti-Christ on your side, the God of armies is for us, a refuge high; Selah"

chapter X

1650.

1644.

Quite a number of these formidable soldiers offered their services to the “godly Parliament.” Besides Captain Cook, already mentioned, who obtained a colonel's commission, Stoughton, the commander of the Massachusetts forces in the Pequod war, and Bourne, a Boston ship-earpenter, became lieutenant colonel and major in Rainsborow's regiment. Leverett, son of the ruling elder of the Boston Church, obtained the command of a company of foot. Hudson, his ensign, was also a Massachusetts man. Liol, another of these adventurers, became surgeon to the Earl of Manchester's life guard. “These did good service,” Winthrop tells us, “ and were well approved; but Mr. Stoughton falling sick and dying at Lincoln, the rest all returned to their wives and families.”

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VIRGINIA AND MARYLAND DURING THE ENGLISH CIVIL - WARS AND THE COMMONWEALTH.

THE meeting of the Long Parliament was a subject
of rejoicing as well in Virginia as in Massachusetts.
Shortly after its assembly, in an address to their con-
stituents, the burgesses refer to the “happy Parliament
in England” as affording opportunity for establishing
their “liberties and privileges,” and for “preventing the
future designs of monopolizers, contractors, and pre-
emptors, ever hitherto incessant.”
The old Virginia Company applied to the Long Par-
liament for the restoration of their charter, but this ap-
plication found no favor in Virginia. The assembly de-
clared, “that, having fully debated and maturely con-
sidered the reasons on both sides, and looking back to
the times under the company, and also upon the present
state of the colony under his majesty's government, they
find the late company in their government intolerable,
and the present comparatively happy.” This protest
wound up in the form of an act, with a clause imposing
a severe penalty on all who should aid or abet the re-
duction of the colony to any company or corporation.
It was sent to the king, who returned a very gracious
answer, dated at York, where he had already retired,

. and raised his standard against the rebellious Parlia

ment.
Shortly after the breaking out of the civil war in En-
gland, the Virginia code underwent a second revision.

Chapter:
XI.

1641.

1642. April 1.

July 18.

1643.

chapter Most of the former laws were continued, but with some

modifications and additions, derived from acts passed by

1643, the intermediate assemblies. The new code provided for

parish vestries, to consist of the minister, two churchwardens, and the “most sufficient and selected men of the parish;” the vestrymen to be chosen annually by the major part of the parishioners. They are empowered to levy assessments for church repairs and parish expenses, and required annually, in presence of the commanders of settlements and the commissioners of the monthly courts, to give an account of their collections and disbursements. The ministers, to be recommended by the vestries and

admitted by the governor, are made subject to suspension

by the governor and council, and removal by the assem-
bly. All ministers are to use the Liturgy, and to con-
form to the Church of England; the governor and coun-
cil to compel non-conformists “to depart the colony with
all conveniency.” No popish recusant is to hold any
office; and all popish priests are to be sent out of the
colony within five days after their arrival. Traveling
and shooting on the Sabbath are made punishable by
fines.
Besides the parish and ministerial taxes, there was
another poll tax known as the “colony levy,” imposed
annually by the Assembly for the payment of colonial
expenses. From this tax the vestries are empowered to
excuse, on certificates of poverty. Conveyances of land
are required to be registered; tenants dispossessed by a
superior title are to be allowed compensation for im-
provements—a very decided advance on the English
law, adopted at present in many of the States. Every
planter is required to fence in his crops at his own peril—
thus settling a question which had made a political revo-
lution in Massachusetts, and establishing a rule which,

by statute or usage, still pervades all the Southern chapTER States. The killing of tame hogs is made felony; nor xi. could wild hogs be killed without a license. Hunting 1643. over other people's cultivated lands is forbidden. Servants without indentures, if of age, are to serve four years; if under twenty, five years; if under twelve, seven years. Servitude, as a punishment, is abolished. To deal with runaway servants, or any servants, without consent of their masters, is made a criminal offense. Penalties are imposed on servants marrying without leave of their masters, running away, or carrying powder and shot to the Indians. Any freeman who sells powder and shot to the Indians is to forfeit all his estate. He who trades with them in other commodities without license is to be imprisoned at the discretion of the governor and council. Arms lent to Indians may be taken away by any person, and the lender is subject to a fine. The monthly courts are changed into county courts, to be held six times a year in each county, by commissioners appointed by the Assembly; each commissioner being also authorized to sit alone to decide petty controversies. From the county courts, which possessed a comprehensive jurisdiction in all cases, both in law and equity, an appeal lay to the quarter courts, composed of the governor and council, and thence to the Assembly— a judicial system closely resembling that of New England. Juries were to be allowed, where parties desired it, “if the case were fit for a jury.” The fees of attorneys in county courts are limited to twenty pounds of tobacco in each case, and twice as much at quarter courts. Two years after, the Massachusetts practice was adopted, and all “mercenary attorneys” were prohibited. If the court perceived that either party, by his weakness, was like to lose his cause, they were themselves “to open the case,”

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