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so unpalatable to the Puritan settlers, was replaced by chosen

a written engagement to submit to the proprietary's law

ful authority. The inhabitants were guaranteed the pos- 1658.

session of their arms. The proprietary was specially
bound to uphold that act of toleration under which the
Puritans had come into the colony, but which they them-
selves, while they held the power, had disregarded, and,
so far as Catholics and Episcopalians were concerned, had
formally set aside. -
During the administration of Mathews, who succeeded
Diggs as governor of Virginia, the laws of that colony
underwent a new revisal, and were codified in a hund-
red and thirty-one acts. Religion still occupied the first
place in the statute book. Ecclesiastical matters were
referred to the several parishes, to be managed, how-
ever, as we must suppose, according to the Presbyterian
model then established in England, and to which the paro-
chial clergy of that country had very generally conform-
ed; an example which, for aught that appears, those
of Virginia as readily followed. All the counties not
yet so divided were required to be laid out into parishes
by the county courts; and a tax was to be levied for the
erection of churches. So anxious had the preceding as-
sembly been to supply the pulpits, that a premium of
4:20, about $100, had been offered for every minister
imported; but this act was now dropped. The law of
England against bigamy was specially adopted—a law,
it is probable, rather apt to be overlooked by some who
emigrated, leaving their families behind them. The pro-
bate of wills and oversight of orphans were intrusted to
the county courts. All courts were to give judgment
without regard to errors of form. Five years' possession
of land was to give a title, and all suits on notes, bonds,
and judgments were required to be commenced within

chapter five years. Poor persons, who had no tobacco, might

tender other goods in payment of their debts. Spread

1658. ers of false political news were to produce their authors


or be punished. Ships sailing from England with passengers were to have at least four months' provisions on board. This act would seem to indicate that a consid. erable immigration was now going on. An export duty

of ten shillings was imposed upon every hogshead of to

bacco, weighing three hundred and fifty pounds, exported
in Dutch vessels elsewhere than to England; but free
trade was promised to the Dutch, and this impost was
to be reduced to two shillings per hogshead in favor of
all Dutch vessels bringing negroes to the colony. A like
duty of two shillings per hogshead was imposed upon
all tobacco exported to England except in vessels Vir-
ginia-built, in which it was to go duty free. Out of the
income thus realized the governor was to be paid a sal-
ary of £600. Premiums were again offered for the
production of silk, flax, hops, wheat, and wine. Hides,
wool, and iron were not to be exported. Aliens who
had dwelt in the country five years, and intended to re-
main, were to become free denizens. A more kindly
feeling than heretofore was exhibited toward the Indians,
who, by this time, were thoroughly subdued. They were
to be protected in the possession of the lands remaining
to them, and, to prevent imposition, were not to be al-
lowed to sell those lands except at quarter courts. To
secure the Indian children placed with the colonists for
education against being sold as slaves, it was forbidden
to transfer their services. - -
Shortly after the enactment of this code, Governor
Mathews undertook to dissolve the Assembly; but his
authority to do so was denied. The Assembly claimed
the right to elect all officers, declared existing commis-

sions no longer valid, and ordered the public officers to CHARTER obey no warrants unless, signed by their speaker. , Mathews yielded, and was re-elected governor with a coun- 1658. cil such as the burgesses approved. . With this assumption of authority, the manner of proceeding in the Virginia Assembly became more formal and orderly. Rules were adopted for that purpose. Ab- 1659. sence without leave was prohibited, and the members were required to give their attention to the proceedings of the house. Those who spoke were to rise, uncovered, and address the speaker. Personalities, and being “disguised with over much drink,” were forbidden. The latter seems to have been a prevalent failing, as distinct penalties were provided for the first, second, and third offenses. To these rules were presently added two others. 1663. No member was to speak more than once on the same matter at the same sitting; nor were any to “pipe it” after the calling of the roll, unless by license from the major part in a vacancy from business. The death of Cromwell, and the accession of his son Richard as Lord Protector, were notified to the Virginia 1659. Assembly by a letter from the Supreme Council in En- * gland. It was ordered in this same letter that, till that system could be matured which the late Lord Protector had contemplated, but never had found time to complete, things should remain in Virginia on the same footing as heretofore. The Assembly eagerly seized this opportunity for giving to the late extension of their authority the semblance of a confirmation from England. They voted unanimously to submit to his highness Richard, and to accept the letter of the Supreme Council as “an authentic manifestation of their lordships' intentions for the government of Virginia.” It was acknowledged by Governor Mathews, that, by the existing system, the

chapTER power of electing all public officers resided in the As

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sembly; and he promised to join in an address, and to
give his best assistance toward the confirmation of that
privilege. Mathews was re-elected governor for two
years; Clayborne was reappointed secretary. The pres-
ent counselors were confirmed for life, except in case
of high misdemeanors, to be judged by the Assembly.
Future counselors were to be nominated by the governor,
and confirmed by the Assembly, which was to be renewed
every two years. If warrants for a new election were
not duly issued by the governor, the sheriffs were to hold
the elections on their own authority.
Mathews died shortly after. News soon arrived of
those commotions in the mother country resulting pres-
ently in the restoration of Charles II. As there was now
in England “no resident, absolute, and generally con-
fessed power,” the Assembly claimed, during the inter-
regnum, supreme authority in Virginia, and ordered all
writs to issue in their name, “until such command and
commission come out of England as shall be by the As-
sembly judged lawful.”
The Royalist triumph was already foreseen, and Sir
William Berkeley, after an eight years' retirement, was
now elected governor, and allowed the selection of a sec-
retary and counselors, subject, however, to the Assem-
bly's approval. The new governor was to call an assem.
bly at least once in two years, and was not to dissolve
the one then sitting except by consent of the majority of
its members. He was to have for salary C700 out of
the export duty, fifty thousand pounds of tobacco out of
the levy, and such customs as might be payable on Dutch
vessels from New Netherland. Hammond was, at the
same time, appointed major general of the militia.
At the next session Berkeley is recorded as “his mag-

isty's governor.” He had no doubt received, in the inter- chAPTER val, a commission from England. The Assembly voted twenty-two thousand pounds of tobacco to Hammond 1660. and another “employed by the governor and country in an address to his magisty for a pardon to the inhabitants,” and the same for the next year; also eleven thousand pounds of tobacco to Sir Henry Moody, employed by the governor “in an embassy to the Manhadoes.” The governor was authorized to undertake the building of a state-house, and to press for that service ten men “of the ordinary sort of people,” allowing each two thousand pounds of tobacco per annum. Voluntary subscriptions were to be taken up for the same object. In addition to his salary out of the impost, the governor was to have a bushel of corn in the ear from each tithable, and sixty thousand pounds of tobacco out of the levy. A Meanwhile, in Maryland, the fluctuating state of English politics gave occasion to a new revolution. Gov. March. ernor Fendal, notwithstanding his late zeal for Lord Baltimore, now took sides with the Puritan party in refusing to acknowledge the upper house, casting off the proprietary authority, and declaring the lower house of Assembly the sole source of power. The restoration of Charles II. brought this Republican system to a speedy close. Forgetting or forgiving the temporizing policy of Baltimore, the king, at his request, signed a letter to the Marylanders, in which they were required to submit to Philip Calvert, to whom the proprietary had transmitted a commission as governor. Fendal was tried and found guilty of treason, but was pardoned; and the inhabitants . quietly submitted to Calvert's authority.

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