CHAPTER a lecture day. The elders met, and, having "set apart XL a day to seek God on it," by consent of the General 1642. Court, they selected three ministers to proceed to VirOct. ginia. Two actually went, with a third from New Haven, carrying letters of commendation from the Massachusetts magistrates addressed to Berkeley and his council. They found "very loving and liberal entertainment;" but as they refused to use the Liturgy, they were soon silenced. They preached a while in private houses, "the people's hearts being much influenced with desire after the ordinances;" but Berkeley soon availed himself of the law above quoted to send them out of the colony. The Virginians, however, did not go unpunished "for their reviling the Gospel and those faithful ministers," at least such was the opinion of Winthrop, who seems to have rated both the religion and the morals of the southern colony at a rather low estimate. After a peace of five or six years, the Indians, provoked by continued encroachments on their lands, and instigated, it is said, by the aged chief Opechancanough, formed a new scheme for the extermination of the colonists. They were encouraged by signs of discord among the English, having seen a fight in James River between a London ship for the Parliament and a Bristol ship for the king. Five hundred persons perished in the first surprise, which took place, according to Winthrop, the 1644. day before Good Friday, appointed by the governor, "a April 9. courtier, and very malignant toward the way of our churches," to be observed as a fast for the good success of the king. For defense, the planters were concentrated in a few settlements; a monthly fast was ordained by the Assembly; every fifteen tithables were obliged to furnish one soldier; forts were built at the points most exposed; and a ship was sent to Boston for powder, which, how war. XI. ever, the General Court declined to furnish. This occa- CHAPTER sion was taken by "divers godly-disposed persons" of Virginia to remove to New England. Among the principal 1644. of these emigrants was Daniel Gookin, a gentleman of much merit, for many years a magistrate, superintendent of the subject Indians of Massachusetts, and finally major general. In Virginia a fierce struggle ensued with the Indians, of the details of which we know little or nothing. It was much shorter, however, than the former Indian The Indians were presently driven from their fastnesses. Opechancanough, decrepit and incapable of moving without assistance, described by a cotemporary writer as "that bloody monster upon a hundred years old," was taken prisoner and carried to Jamestown, where he was shot in the back by a vindictive soldier appointed to guard him. The Indian towns were broken up, and their "clear land possessed by the English to sow wheat in." Opechancanough's successor submitted; and a peace was made by act of Assembly, the Indians ceding all the 1646. lands between James and York Rivers. No Indian was to come south of York River under pain of death. The Powhatan confederacy was dissolved. The Indians of lower Virginia sunk into servile dependence, and dwindled away, or, migrating to the south and west, were mingled and confounded with other tribes. To meet the expenses of this war, it became necessary to levy taxes on land and stock; but, after the peace, the old, unequal system of taxation by the poll was revived. Forts had been erected during the war at the heads of rivers, which certain individuals, in consideration of grants of adjoining lands, undertook, after the peace, to maintain at their own expense. The fourth Assembly of Maryland passed laws to pro- 1640. hibit the exportation of corn, and enforcing its cultiva Oct. CHAPTER tion; also an act "touching tobaccoes"—the foundation XI. of the Maryland inspection system. The fifth Assembly 1641. made it "felony of death"-commutable, however, at Aug. the governor's pleasure, into servitude for a term not ex ceeding seven years for any apprentice-servant to depart away secretly from his or her master, with intent to convey himself out of the province;" and the same penalty was extended to "any other person that should willfully accompany such servant on such unlawful departure;" but "receiving a runaway servant" was not to "include felony nor misprision of felony." This harsh 1642. law was re-enacted the next year, more, it may be March. hoped, by way of terror than with any intention of ex July. acting the extreme penalty. The same Assembly denied the right of the governor to prorogue or adjourn them without their own consent. They voted, however, a subsidy of fifteen pounds of tobacco for every inhabitant above twelve years of age, as a partial reimbursement to the proprietary of his expenses in planting the colony. The principle of toleration was still firmly maintained. Certain persons, calling themselves "Protestant Catholics," having complained that their books and the key of their chapel had been taken away by Thomas Gerard, lord of St. Clement's Manor, an influential Catholic planter, he was required to restore the key and books, and was fined five hundred pounds of tobacco "toward the maintenance of the first minister as should arrive." At the next session, a few months after, a complete system of law was provided for the province. The Assembly began by laying down rules for its own proceedings. Any ten members, including the lieutenant governor and six burgesses, were to constitute a quorum, "unless sickness do hinder," in which case, those present "at XI. the usual or appointed time" should make a house. CHAPTER The drum was to beat "as near as may be to sunrising," and so on at intervals of half an hour, and any 1642. member not answering to his name after the third beating a seasonable commencement of legislative labors hardly to be paralleled in these degenerate times-was to forfeit one hundred pounds of tobacco, unless excused by the lieutenant governor. No bill was to be read above once in one day. None were to speak in one day above once to one bill, except by leave of the lieutenant governor, under penalty of twenty pounds of tobacco. "None to use any indecent, taunting, or reviling words, to the naming or personating of any member in the house, or any other way misbehave himself in his speech, upon pain of such censure as the house shall think fit." An act "for the rule of judicature" provided that "right and just" in civil cases should be determined according to the law or most general usage of the province, or, in defect of such law or usage, then according to equity and good conscience; the judges to observe, so far as they may be informed thereof, and shall find no inconvenience therein, the law of England in like cases. All crimes and offenses were to be judged according to the law of the province, or, in defect of such law, by the judge's discretion, guided by the English law; "but no person to be adjudged of life, member, or freehold without law certain of the province." The same Assembly adopted a criminal code, by which treasons against the king or the proprietary were made capital offenses. Piracy, robbery, burglary, arson, the malicious plucking out of another's tongue or eyes, and larceny, might be punished with death, or by branding, loss of member, or forfeiture of goods, or banishment, or imprisonment for life, or servitude to the pro CHAPTER prietary for seven years or less, except the culprit "be a XI. gentleman," or might be otherwise "corporeally corrected 1642. or put to shame," as the council might direct. A like discretionary power was given for the punishment of a long list of inferior offenses. Drunkenness was to be punished by a fine of a hundred pounds of tobacco, to be appropriated toward the building of a prison; if the culprit could not pay, he was to be set in the stocks, fasting, for twenty-four hours. Swearing was punishable by a fine of five pounds of tobacco. A good deal of discontent was occasioned by another act of this session, prohibiting any person to leave the colony without first obtaining a pass from the chief judge of the county, which was not to be granted unless the applicant had set up a note of his intention at least five days before, one to be a Sunday or holy day. A new Assembly, held Sept. shortly after, had a warm controversy on the subject of this law with the governor, who finally conceded the right of individuals to go out of the province at their pleasure, "unless indebted or obnoxious to justice." An act was accordingly passed, as a substitute for the other, subjecting masters of vessels taking such persons away to an action of damages. This act was limited to three years, in conformity to a judicious custom, thus early adopted in Maryland, and long persevered in, of limiting the existence of the larger number of laws to a term of years. If found useful, they were re-enacted; otherwise they were suffered quietly to expire. The colony, meanwhile, was a good deal annoyed by hostilities on the part of the Nanticokes, on the eastern shore, who even sent war parties across the bay to St. Mary's. Provision was made for collecting the women and children, on occasion of such incursions, at St. Inigoe's Fort; and another fort was built near the |