CHAPTER five years. Poor persons, who had no tobacco, might XI. tender other goods in payment of their debts. Spread1658. ers of false political news were to produce their authors April or be punished. Ships sailing from England with pas sengers were to have at least four months' provisions on board. This act would seem to indicate that a considerable immigration was now going on. An export duty of ten shillings was imposed upon every hogshead of tobacco, 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 Virginia-built, in which it was to go duty free. Out of the income thus realized the governor was to be paid a salary 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 remain, 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 allowed 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 The Assembly claimed the right to elect all officers, declared existing commis XL sions no longer valid, and ordered the public officers to CHAPTER obey no warrants unless signed by their speaker.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 "dis The guised with over much drink," were forbidden. 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. Dec. 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 England. 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 AsXI. sembly; and he promised to join in an address, and to 1659. give his best assistance toward the confirmation of that privilege. Mathews was re-elected governor for two years; Clayborne was reappointed secretary. The present counselors were confirmed for life, except in casé 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. 1660. Mathews died shortly after. News soon arrived of March. those commotions in the mother country resulting presently in the restoration of Charles II. As there was now in England "no resident, absolute, and generally confessed power," the Assembly claimed, during the interregnum, 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 Assembly judged lawful.” Oct. 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 secretary and counselors, subject, however, to the Assembly's approval. The new governor was to call an assembly 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 £700 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. XI. 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 "in an embassy to the Manhadoes," to reciprocate several messages from the Dutch, and to ratify a treaty of commerce, though without that acknowledgment of the Dutch title which it was artfully attempted to obtain. 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. 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. CHAPTER CHAPTER XII. NEW ENGLAND DURING THE COMMONWEALTH. THOUGH satisfied with the fundamental laws as far as they went, the freemen of Massachusetts had continued still jealous of magisterial discretion, and anxious for a complete code, a specific punishment for every offense, and the publication of all laws by which they were bound. The magistrates, on the other hand, desired a certain judicial discretion. But they had found themselves obliged to yield; and a commission, consisting of two magistrates, two ministers, and two able persons from among the people in each county, had been appointed for compiling a code. Being finished, and alphabetically arranged, this 1649. code was printed-a very hazardous experiment, as the magistrates thought. But the advantages and convenience of this publicity were so obvious, that all the subsequent laws were from time to time printed. No copy of this code is known to be in existence; but we are not altogether ignorant of its contents. It increased the list of capital crimes by subjecting to the penalty of death "stubborn and rebellious sons," and "children above sixteen who curse or smite their natural father or mother" -enactments borrowed from the Jewish law. Rape was also made capital-a provision formerly omitted, because Moses had not so punished it. The sale of intoxicating liquors was restricted to certain persons licensed for that purpose. Courtship attempted without the permission of the maid's parents or guardians, or, in their absence, of |