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PART I.

The succession of

1659.

VIRGINIA,

the house desired to be satisfied from the governour's Richard own expressions. In reference to which Mr. Bacon, Cromwell, Mr. Horsmenden, Lt. Coll. Carter and Capt. Fowke, were sent to desire his honor to come to the house and affirm it, which accordingly he did as followeth, viz: The Gov- He acknowledged the supreme power of electing officers to be by the present laws resident in the grand assembly; and that he would join his best assistance with the country in making an address to his highness for confirmation of their present priviliges; And that for this reason, that what was their privilige now might be his or their posterities forever." *

ernor acсknowl

edges the

supreme

power of

the bur

gesses.

* 1. Hen

ning, 511.

The resignation of

Richard

1659.

Richard Cromwell resigned the protectorate on the the protec- twenty-second day of April, 1659. By this act of his torate by the supreme power in England seems to have been Cromwell, thrown into abeyance, suspended between various factions, but depending mainly on the will and the action of general Monck, who observed a rigid taciturnity as to his intentions and kept the whole nation in wild uncertainty as to what kind of a government would next ensue. How, precisely, this condition of things in the mother country influenced the action of the people in Virginia, the strange and conflicting narratives of both English and American authors renders it impossible to say. The difficulty of removing the uncertainty which they have thrown around this portion of her governmental history would be insuperable were it not for the preservation of her early colonial records by the faith

Waller

ful and laborious compilation of one of her patriotic + William sons,† from which I have already so freely quoted. Henning's From these we have seen that the powers of the grand Statutes at assembly of the colony, which body was originally Large. composed of the governor and council and the bur

gesses, were at length centered in the latter, and it became the supreme source of all power in the government of Virginia. By these their representatives the people controlled its legislative action, made themselves heard in its deliberations, their influence felt and their will

UPON THE RESIGNATION OF RICHARD CROMWELL.

PART I.

the Grand

obeyed. The grand assembly met again on the first Action of of March, 1660, at James City, when the burgesses Assembly again declared the whole power of the government to after the be in their own hands by enacting that,

resignation of Richard

"I. Whereas, by reason of the late frequent distrac- Cromwell, March,

be in the

tions (which God in his mercy put a sudden end to) 1660. there being in England, no resident absolute and gen-Supreme power deerall confessed power, Be it enacted and confirmed, that clared to the supreme power of the government of this country Assembly. shall be resident in the assembly; and that all writs issue in the name of THE GRAND ASSEMBLY OF VIRGINIA, Writs to until such a command and commission come out of issue in its England as shall be by the assembly adjudged lawful.

name.

Sir William

"II. Be it enacted, that the honourable Sir William Berkeley, be governour and captain generall of Virginia; Berkeley and that he govern according to the ancient laws of appointed Governor, England and the established laws of this country. And 1660. that all writs issue in the name of the grand assembly of Virginia; that once in two years at least, he call a His powgrand assembly, or oftener if he see cause; that he ers, &c. have liberty to make choice of a secretary and councel of state, with the approbation of the assembly; and that he do not dissolve this assembly without consent of the major part of the house.

"III. Be it further enacted, that all precedent laws, and Repealing clauses in laws, contrary to the laws, power, and form Act. of government now established, be reversed, repealed, made void and null.

On being notified of his election Sir William Berkely asked leave of the assembly to advise with the late council soliciting their concurrence in his acceptance of the office, whereupon, it was "Ordered, that he have free liberty of treating with them, and that his letter, and their subscription approving his election, be recorded." He then sent in his acceptance of the office, when sir William it was further "Ordered that the declaration of Sir Berkeley William Berkeley, knight, to be governor and capt. office of generall of Virginia, and to enjoy the obedience of the

accepts the

Governor.

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Action of people, be forthwith proclaimed by the high sheriff of the Assem James Citty county, and the declaration bly, 1660. to be recorded."

*1. Hen

The following act was then passed for the more perfect security of the present government.

"XI. WHEREAS it was enacted by the last assembly; That Coll. Samuel Mathews should be governour for two years, and the councel of state fixt during life, It is thought fitt, and enacted, that in regard to the then governour and councel dissolved the said assembly and expressly declined the said act, that the said act be repealed and the privilidge and power of the secretary and coun

ning, 530. cil of state annihilated, made null and void." *

Non-attendance of burgesses.

Assembly

adjourned

An act was also passed providing that in case any member of the house of burgesses failed to make his appearance in the house during its session, without a reasonable excuse to be judged of by the house, he should be subjected by a fine of three hundred pounds of tobacco, to be disposed of by the assembly.

The assembly was subsequently adjourned, without to March, being dissolved, till March, 1661, previous to which 1661. adjournment it was enacted, that in the interval, none Burgesses not to ac- of the then present burgesses should accept any office cept office. which would disqualify him for membership, under a "penalty of ten thousand pounds of tobacco for the contempt."

Restoration of

Charles II. was restored to the throne, as the lawful Charles II., sovereign of the kingdom of Great Britain, on the May 29, twenty-ninth day of May, 1660; and notwithstanding

1660.

the foregoing prorogation of the assembly, it met again on the twenty-third day of October of the same

Grand As- year.
sembly of,
Oct. 1660.

This must have been a special session, but for what particular purpose it was convened, and whether by proclamation of the governor or by a special summons, we have no reliable means of ascertaining. It would naturally seem to have had reference to the restoration of Charles II., and yet I find among the records no

UPON THE RESTORATION OF CHARLES II.

PART I.

more special reference to that event than that Sir Wil- Assembly liam Berkeley is styled "his majesty's governour."

of October 1660.

Company.

to.

It appears, from the acts of this session, that an Royal style of the goveffort was now being made by the late London com-ernor repany, to procure the restoration of their charter. To stored. counteract this the assembly enacted that" Whereas Attempt to the necessity of the countrey being in danger of the London oppression (of the late†) company and the loss of our + Not in liberties, for want of such an agent in England as is the Ms. Henning. able to oppose the invaders of our freedoms and truly to represent our condition to his sacred majesty, en-Colonial forceth the employing a person of quality to present opposition our grievances to his majesty's gracious consideration and endeavour the redress, which the right honourable Sir William Berkeley, his majesty's governour, hath been pleased to undertake. Be it therefore enacted, that there be raised by the countrey, the sum of two hundred thousand pounds of tobacco and cask, for his, Sir William Berkeley's support in his voyage; and that payment be made thereof by the twentieth of January in York River and James River, to such persons as his honor shall appoint; and that the secretary of state and speaker of the assembly sign a manifesto to the governour of the country's engagement for payment

thereof."

The assembly met again in March, 1661. The acts of Assembly this session were prefaced as being passed of March, a grand 1661. assembly, summoned to be held at James Citty, the style of its twenty-third day of March, in the twelfth year of the session. reign of our sovereign lord, Charles, the second; by the grace of God, of England, Scotland, France and

"At

* Note. Henning places these acts in the session of March 23d, 1660-61, though he says the MS. record dates them at 1660, simply. It is impossible that it could have been the session of March, 1660, for that was before the restoration of the monarchy. I think the MS. is sustained by referring the date to the October session of 1660. Then, too, the date 1660-61, may include it as a part of the session of March, 1660, which was adjourned to March, 1661.

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Assembly Ireland, king, defender of the faith, &c., and in the of March, 1661. year of our Lord, 1660-And from thence continued Its pro

by prorogation to the twenty-third day of March, ceedings. 1661."* This, with the preamble to the laws enacted

*2 Henning, 17 and 41.

The distractions

commonwealth.

at this session, being historical in their character and references, form the best illustration that can be given of the position and relations of the colony with the government of the mother-country at this time. The preamble recites,

"Whereas, the late unhappy distractions caused freunder the quent changes in the government of this countrey, and those produced so many alterations in the laws that the people knew not well what to obey, nor the judges what to punish, by which means injustice was hardly to be avoided, and the just freedom of the people by the uncertainty and harshness of the laws hardly to be preserved This assembly taking the same into their seririous consideration, and gravely weighing the obligations they are under to discharge to God, the king and the countrey, have by settling the laws, diligently endeavored to prevent the like inconveniences; by causing the whole body of the laws to be reviewed, all unnecessary acts and chiefly such as might keep in memory

Revision

our inforced deviation from his majesty's obedience, of Colonial to be repealed and expunged; and those that are in Laws, &c. force to be brought into one volume; And least any

prejudice might arise, by the ignorance of the times from whence those acts were in force, they have added the dates of every act, to the end that courts might rightly administer justice, and give sentence according to law, for any thing happening at any time since any law was in force; and have also endeavored in all things (as near as the capacity and constitution of this countrey would admit) to adhere to those excellent and often refined laws of England, to which we profess and

Intention acknowledge all due obedience and reverence."

of the revision.

"And that the laws made by us are intended by us but as brief memorials of that which the capacity of

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