ordered to be conveyed from one plantation to another, to the place of destination. A remedy was provided for servants complaining of harsh usage, or of insufficient food or raiment. The penalty for selling arms or ammunition to the Indians was the forfeiture of the offender's whole estate. It was enacted that no sheriff, or deputy sheriff, then called under-sheriff, should hold his office longer than one year in any one county. The penalty of being reduced to servitude was abolished. The twenty-second day of March and the eighteenth of April were still kept as holy days, in commemoration of the deliverance of the colonists from the bloody Indian massacres of 1622 and 1644. The planters were prohibited from encroaching upon the lands of the Indians. The vessels of all nations were admitted into the ports of Virginia; and an impost duty of ten shillings a hogshead was laid on all tobacco exported, except that laden in English vessels, and bound directly for England; from the payment of which duty vessels belonging to Virginians were afterwards exempted. An act was passed to prohibit the kidnapping of Indian children.

In the year 1656 all acts against mercenary attorneys were repealed; but two years afterwards attorneys were again expelled from the courts,* and no one was suffered to receive any compensation for serving in that capacity. The governor and council made serious opposition to this act, and the following communication was made to the house of burgesses: "The governor and council will consent to this proposition so far as shall be agreeable to Magna Charta. WM. CLAYBORNE." The burgesses replied, that they could not see any such prohibition contained in Magna Charta; that two former assemblies had passed such a law, and that it had stood in force upwards of ten years. It thus appears that Magna Charta was held to be in force in the colony.

The ground leaves of tobacco, or lugs, were declared to be not merchantable; and it was ordered that no tobacco should be planted after the tenth day of July, under the penalty of a fine of ten thousand pounds of that staple. The exportation of hides, wool, and old iron, was forbidden. The salary of the governor,

* Hening, i. 434, 482.

derived from the impost duty on tobacco exported, was fixed at sixteen hundred pounds sterling.

The burgesses having rescinded the order admitting the governor and council as members of the house, and having voted an adjournment, Matthews, on the 1st of April, 1658, declared dissolution of the assembly. The house resisted, and declared that any burgess who should depart at this conjuncture, should be censured as betraying the trust reposed in him by his country; and an oath of secrecy was administered to the members. The governor, upon receiving an assurance that the business of the house would be speedily and satisfactorily concluded, revoked the order of dissolution, referring the question in dispute, as to the dissolving power, to his Highness the Lord Protector. The burgesses, still unsatisfied, appointed a committee, of which Colonel John Carter, of Lancaster County, was chairman, to draw up a resolution asserting their powers; and in consonance with their report the burgesses made a declaration of popular sovereignty: that they had in themselves the full power of appointing all officers, until they should receive an order to the contrary from England; that the house was not dissolvable by any power yet extant in Virginia but their own; that all former elections of governor and council should be void; that the power of governor for the future should be conferred on Colonel Samuel Matthews, who by them was invested with all the rights and privileges belonging to the governor and captain-general of Virginia; and that a council should be appointed by the burgesses then convened, with the advice of the governor.

The legislative records do not disclose the particular ground on which the previous elections of governor and appointments of councillors under the provisional government were annulled; but from the exclusion of the governor and council from the house, it might be inferred that it was owing to a jealousy of these functionaries being members of the body that elected them. Yet Bennet, the first of the three governors, and his council, were, in 1652, expressly allowed to be ex officio members of the assembly. An order was also made, April 2d, 1758, by the assembly, in the name of his Highness the Lord Protector, to the sheriff of James City, and sergeant-at-arms, to obey no warrant but those signed

by the speaker of the house; and William Clayborne, secretary of state, (under Bennet, Digges, and Matthews,) was directed to deliver the records to the assembly. The oath of office was administered to Governor Matthews by the committee before mentioned, and the members of the council nominated by the governor and approved by the house, took the same oath.*

The number of burgesses present at the session commencing in March, 1659, was thirty. Colonel Edward Hill, who had been disfranchised, was now unanimously elected speaker. Colonel Moore Fantleroy, of Rappahannock County, not being present at the election, "moved against him, as if clandestinely elected, and taxed the house of unwarrantable proceedings therein." He was suspended until the next day, when, acknowledging his error, he was readmitted.

Any member absent from the house was subject to a penalty of twenty pounds of tobacco. A member "disguised with overmuch drink" forfeited one hundred pounds of tobacco. A burgess was required to rise from his seat, and to remain uncovered, while speaking. The oath was administered to the burgesses by a

committee of three sent from the council.

The governor and council were as follows: Colonel Samuel Matthews, Governor and Captain-general of Virginia, Richard Bennet, Colonel William Clayborne, Secretary of State, Colonel John West, Colonel Thomas Pettus, Colonel Edward Hill, Colonel Thomas Dew, Colonel William Bernard, Colonel Obedience Robins, Lieutenant-Colonel John Walker, Colonel George Reade, Colonel Abraham Wood, Colonel John Carter, Mr. Warham Horsmenden, Lieutenant-Colonel Anthony Elliott.

CHAPTER XXVI.

1659-1661.

Death of Oliver Cromwell-Succeeded by his Son Richard-Assembly acknowledge his Authority-Character of Government of Virginia under the Commonwealth of England-Matthews dies-Richard Cromwell resigns the Protectorate-Supreme Power claimed now by the Assembly-Sir William Berkley elected Governor-Act for suppressing Quakers-Free Trade establishedStuyvesant's Letter-Charles the Second restored-Sends a new Commissioner to Berkley-His Reply-Grant of Northern Neck-The Navigation Act.

On the 8th of March, 1660, the house of burgesses having sent a committee to notify the governor that they attended his pleasure, he presented the following letter:

"GENTLEMEN,-His late Highness, the Lord Protector, from that general respect which he had to the good and safety of all the people of his dominion, whether in these nations, or in the English plantations abroad, did extend his care to his colony in Virginia, the present condition and affairs whereof appearing under some unsettledness through the looseness of the government, the supplying of that defect hath been taken into serious consideration, and some resolutions passed in order thereunto, which we suppose would have been brought into act by this time, if the Lord had continued life and health to his said highness. But it hath pleased the Lord, on Friday, the third of this month, to take him out of the world, his said highness having in his lifetime, according to the humble petition and advice, appointed and declared the most noble and illustrious lord, the Lord Richard, eldest son to his late highness, to be his successor, who hath been accordingly, with general consent and applause of all, proclaimed Protector of this Commonwealth of England, Scotland, and Ireland, and the dominions and territories thereunto belonging. And, therefore, we have thought fit to signify the same unto you, whom we require, according to your duty, that you cause his said Highness, Richard, Lord Protector, forthwith to be proclaimed in

all parts of your colony. And his highness' council have thought fit hereby to assure you, that the settlement of that colony is not neglected; and to let you know, that you may expect shortly to receive a more express testimony of his highness' care in that behalf; till the further perfecting whereof, their lordships do, will, and require you, the present governor and council there, to apply yourselves with all seriousness, faithfulness, and circumspection, to the peaceable and orderly management of the affairs of that colony, according to such good laws and customs (not repugnant to the laws of England) as have been heretofore used and exercised among you, improving your best endeavors as for maintaining the civil peace, so for promoting the interest of religion, wherein you will receive from hence all just countenance and encouragement. And if any person shall presume, by any undue ways, to interrupt the quiet or hazard the safety of his highness' people there, order will be taken, upon the representation of such proceedings, to make further provision for securing of your peace in such a way as shall be found meet and necessary, and for calling those to a strict account who shall endeavor to disturb it. "Signed in the name and by the order of the council. "H. LAWRENCE, President. "Whitehall, 7th September, 1658." Superscription, to the "Governor and Council of his Highness' Colony of Virginia."

Upon the reading of this letter, the governor and council withdrew from the assembly; and the house of burgesses unanimously acknowledged their obedience to his Highness, Richard, Lord Protector, and fully recognized his power.* So much truth is there in Mr. Jefferson's remark,† that in the contest with the house of Stuart, Virginia accompanied the footsteps of the mother country. The government of Virginia under the Commonwealth of England was wholly provisional. By the convention of March the 12th, 1652, Virginia secured to herself her ancient limits, and was entitled to reclaim that part of her chartered territory

* Hening, i. 509.

Preface to T. M.'s Account of Bacon's Rebellion, in Kercheval's History of Valley of Va., 21. The clause quoted from Mr. Jefferson is omitted in the copy of the same introduction found in Force's Hist. Tracts, i.