FOOTNOTES:
[19] The English Council, previously named, remained in supreme charge in England.
[20] This law was reënacted in the same words in 1632 and 1642.
[21] This immunity is copied from that of members of the English Parliament for some centuries preceding.
[22] Travel was mainly by water. To "take a voyage" was equivalent to "make a journey."
[23] This finds its modern parallel in our custom that prevents the collection of gambling debts by legal process.
[VI. THE ASSEMBLY DURING THE COMMONWEALTH]
34. Virginia and the Parliamentary Commissioners, 1652
Hening's Statutes, I, 363 ff.
Cf. American History and Government, § 337, for the supremacy of the Assembly during the Commonwealth.
Articles agreed on and concluded at James Cittie in Virginia for the surrendering and settling of that plantation under the obedience and government of the Common Wealth of England, by the commissioners of the Councill of State, by authoritie of the Parliament of England, and by the Grand Assembly of the Governour, Councill, and Burgesses of that countrey.
First. It is agreed and consented that the plantation of Virginia, and all the inhabitants thereof, shall be and remaine in due obedience and subjection to the common wealth of England, according to the lawes there established. And that this submission and subscription bee acknowledged a voluntary act, not forced nor constrained by a conquest upon the countrey. And that they shall have and enjoy such freedomes and priviledges as belong to the free borne people of England, and that the former government by the commissioners and instructions be void and null.
2dly.—Secondly, that the Grand Assembly, as formerly, shall convene and transact the affairs of Virginia, wherein nothing is to be acted or done contrarie to the government of the common wealth of England and the lawes there established.
3dly.—That there shall be a full and totall remission and indempnitie of all acts, words, or writings done or spoken against the parliament of England in relation to the same.
4thly.—That Virginia shall have and enjoy the antient bounds and lymitts granted by the charters of the former Kings. And that we shall seek a new charter from the parliament to that purpose against any that have intrencht upon the rights thereof.[24]
5thly.—That all the pattents of land granted under the collony seale, by any of the precedent Governours, shall be and remaine in their full force and strength.
7thly.—That the people of Virginia have free trade, as the people of England do enjoy, to all places and with all nations according to the lawes of that common-wealth, and that Virginia shall enjoy all priviledges equall with any English plantations in America.
8thly.—That Virginia shall be free from all taxes, customes, and impositions whatsoever, and none to be imposed on them without the consent of the Grand Assembly, and soe that neither ffortes nor castles bee erected or garrisons maintained without their consent.
10thly.—That for the future settlement of the countrey in their due obedience, the engagement shall be tendred to all the inhabitants according to act of parliament made to that purpose; that all persons who shall refuse to subscribe the said engagement, shall have a yeares time if they please to remove themselves and their estates out of Virginia, and in the meantime during the said yeare to have equall justice as formerly.
11thly.—That the use of the booke of common prayer shall be permitted for one yeare ensueinge with reference to the consent of the major part of the parishes, Provided that things which relate to kingshipp or that government be not used publiquely; and the continuance of ministers in their places, they not misdemeaning themselves: And the payment of their accustomed dues and agreements made with them respectively shall be left as they now stand dureing this ensueing yeare.
16thly.—That the comissioners for the parliament subscribing these articles engage themselves and the honour of the parliament for the full performance thereof: And that the present Governour and the Councill and the Burgesses do likewise subscribe and engage the whole collony on their parts.
35. The Franchise Restricted and Restored, 1655, 1656
Hening's Statutes at Large. Cf. American History and Government, § 103 and note.
(1) [March, 1654/5.]
Act VII.—Be it enacted by this present Grand Assembly ... That the persons who shall be elected to serve in Assembly shall be such and no other then such as are persons of knowne integrity and of good conversation and of the age of one and twenty yeares—That all housekeepers whether ffreeholders, lease holders, or otherwise tenants, shall onely be capeable to elect Burgesses, and none hereby made uncapable shall give his subscription to elect a Burgesse upon the pennalty of four hundred pounds of tobacco and cask, to be disposed of by the court of each county where such contempt shall be used: Provided that this word housekeepers repeated in this act extend no further than to one person in a ffamily.
(2) [March, 1655/6.]
Act XVI.—Whereas we conceive it something hard and unagreeable to reason that any persons shall pay equall taxes and yet have no votes in elections, Therefore it is enacted by this present Grand Assembly, That soe much of the act for chooseing Burgesses be repealed as excludes freemen from votes, Provided allwaies that they fairly give their votes by subscription and not in a tumultuous way,[25] ...