"Right Honorable,—
"Though we are persons so remote from you, we have heard so honorable a character of your worth, that we cannot make a second choice without erring, of one so fit and proper as yourself to make our addresses to his Highness, the Lord Protector. Our desires we have intrusted to that worthy gentleman, Mr. Digges, our late governor; we shall desire you would please to give him access to you and by your highness. And as we promise you will find nothing but worth in him, so we are confident he will undertake for us that we are a people not altogether ungrateful, but will find shortly a nearer way than by saying so, to express really how much we esteem the honor of your patronage, which is both the hopes and ambition of your very humble and then obliged servants.
"From the Assembly of Virginia, 15th December, 1656."
Superscribed, to the "Right Honorable John Thurlow, Secretary of State."
The allusion in the close of the letter appears to be to a douceur which it was intended to present to the secretary.
Digges was instructed to unite with Matthews and Bennet, in London, and to treat with the leading merchants in the Virginia trade, and to let them know how much the assembly had endeavored to diminish the quantity, and improve the quality of the tobacco; and to see what the merchants, on their part, would be willing to do in giving a better price; for if the planters should find that the bad brought as high a price as the good, they would of course raise that which could be raised the most easily.[236:A] It appears that Digges was appointed agent conjointly with Bennet. Matthews was elected by the assembly to succeed Digges as governor; but the latter was requested to hold the office as long as he should remain in Virginia. Digges departing for England toward the close of 1655, would appear to have co-operated for a short while with both Matthews and Bennet. By a singular coincidence, Digges, Matthews, and Bennet, who were the first three governors of Virginia under the Commonwealth of England, were transferred from the miniature metropolis, Jamestown, and found themselves together near the court of his Highness the Lord Protector, Oliver Cromwell.
Digges was succeeded as governor by Matthews, early in the year 1656. The laws of the colony were revised, and reduced into one volume, comprising one hundred and thirty-one acts, well adapted to the wants of the people and the condition of the country. Of the transactions from 1656 to 1660, the year of the restoration, Burk says there is an entire chasm in the records; Hening, on the contrary, declares that, "in no portion of the colonial records under the Commonwealth, are the materials so copious as from 1656 to 1660." The editor of the Statutes at Large is the better authority on this point.
The church government was settled by giving the people the entire control of the vestry; while the appointment of ministers and church wardens, the care of the poor, and parochial matters, were entrusted to the people of each parish. An act was passed for the keeping holy the Sabbath, and another against divulgers of false news. The ordinary weight of a hogshead of tobacco at this time did not exceed three hundred and fifty pounds, and its dimensions by law were forty-three inches long and twenty-six wide. Letters, superscribed "For the Public Service," were 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,[237:A] 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, derived from the impost duty on tobacco exported, was fixed at sixteen hundred pounds sterling.
