The assembly of March, 1661, consisted in the main of new members. At another session held in October of the same year, there appeared still fewer of the members who had held seats during the Commonwealth; and it may be reasonably inferred that the bulk of the retiring members were well affected to the Commonwealth of England. Intelligence of the restoration of Charles the Second had already reached Virginia, and was joyfully received. The word "king," or "majesty," was used in the public acts now for the first time, since the commencement of the Commonwealth of England—an interval of twelve years.
An address was sent to the king, praying him to pardon the inhabitants of Virginia for having yielded to a force—which they could not resist. Forty-four thousand pounds of tobacco, worth two thousand and two hundred dollars, were appropriated to Major-General Hammond and Colonel Guy Molesworth, for "being employed in the address." Sir Henry Moody was dispatched on an embassy "to the Manados," or Manhattan. Colonel Carter was required to declare what passed between him and Colonel William Clayborne at the assembly of 1653 or 1654, relative to the making an act of non-address to the Right Honorable Sir William Berkley; but the particulars of this affair have not been handed down. The rent paid for the use of the house where the assembly met, was three thousand five hundred pounds of tobacco, equivalent to one hundred and seventy-five dollars. Four thousand pounds of tobacco, worth two hundred dollars, were paid for the rent of the room where the governor and council held their meetings. The name of Monroe occurs at this early day in the County of Westmoreland as one of the commissioners, or justices of the peace.
The assembly strove to display its loyalty by bountiful appropriations to the governor and the leading royalists; the restoration in England was reflected by the restoration in Virginia. The necessity of the case had made the government of the colony republican; she was as free and almost as independent during the Commonwealth of England as after the revolution of 1776. For a short time even Sir William Berkley appears to have been identified with this system. He and the new assembly were now eagerly running in an opposite tack, and were impatient to wipe out all traces of their late forced disobedience and involuntary recognition of the popular sovereignty.
Sir William continued as governor till the 30th of April, 1661, when being about to visit England, Colonel Francis Morrison was elected by the council in his place. Sir William, it is said, was dispatched to England as agent to defend the colony against the monopoly of the navigation act, which threatened to violate their "freedoms," as is declared by the first act of the assembly held at James City, on the 23d of March, 1661. Sir William was heartily opposed to the restrictions on the commerce of Virginia; but any efforts that he may have used in opposition to them were fruitless.
He embarked in May for England, and returned in the fall of the following year, 1662. His pay on account of this mission was two hundred thousand pounds of tobacco, or five hundred and seventy-one hogsheads, the average weight of a hogshead at this period being three hundred and fifty pounds.[252:A] This quantity of tobacco was worth two thousand pounds sterling, or ten thousand dollars.[253:A] The ordinary salary of the governor consisted of castle duties, license fees, tobacco, corn, and customs, and probably amounted to not less than twelve thousand dollars per annum.[253:B]
The assembly's tone was now altered; during the Commonwealth of England, Oliver Cromwell had been addressed as "His Highness," and the burgesses had subscribed themselves his "most humble, most devoted servants;" nor had Richard Cromwell been treated with a less obsequious and respectful submission. But now the following language was employed: "Whereas, our late surrender and submission to that execrable power, that so bloodily massacred the late King Charles the First of ever blessed and glorious memory, hath made us, by acknowledging them, guilty of their crimes; to show our serious and hearty repentance and detestation of that barbarous act, be it enacted, That the thirtieth of January, the day the said king was beheaded, be annually solemnized with fasting and prayers, that our sorrows may expiate our crime, and our tears wash away our guilt."[253:C] Their compulsory acknowledgment of the sovereign power of the Commonwealth of England, if they all the while remained in their hearts loyal, could not have implicated them in the execution of the king.
Colonel Francis Morrison continued to fill the place of Sir William Berkley until his return, which took place some time between September and the 21st of November, 1662.
An act was passed, entitled "Women causing scandalous suits, to be ducked:" "Whereas, oftentimes many brabbling women often slander and scandalize their neighbors, for which their poor husbands are often brought into chargeable and vexatious suits, and cast in great damages; be it therefore enacted by the authority aforesaid, That in actions of slander occasioned by the wife, as aforesaid, after judgment passed for the damages, the woman shall be punished by ducking; and if the slander be so enormous as to be adjudged at a greater damage than five hundred pounds of tobacco, then the woman to suffer a ducking for each five hundred pounds of tobacco against the husband adjudged, if he refuse to pay the tobacco." A ducking-stool had been already established in each county.
The anniversary both of the birth and the restoration of Charles the Second was established as a holiday. The navigation act was now enforced in Virginia, and in consequence the price of tobacco fell very low, while the cost of imported goods was also augmented. An act prohibiting the importation of luxuries seems to have been negatived by the governor. It was ordered that "no person shall trade with the Indians for any beaver, otter, or any other furs, unless he first obtain a commission from the governor." This act gave great offence to the people; it was in effect conferring on the governor an indirect monopoly of the fur-trade. By a still more high-handed measure the governor and council were empowered to lay taxes for the ensuing three years, unless in the mean time some urgent occasion should necessitate the calling together of the assembly. Thus taxation was dissevered from representation; the main safeguard of freedom was given to the executive. Major John Bond, a magistrate in Isle of Wight County, was disfranchised for "factious and schismatical demeanors." He had repeatedly been returned as one of the burgesses of his county during the Commonwealth of England. An act making provision for a college, appears to have remained a dead letter; other acts equally futile, passed at ensuing sessions, frequently recur. The assembly ventured to declare that the king's pardon did not extend to a penalty incurred for planting tobacco contrary to law.
Colonel William Clayborne, secretary of state, was displaced by Thomas Ludwell, commissioned by the king. Colonel Francis Morrison and Henry Randolph, clerk of the assembly, were appointed revisers of the laws. Beverley[254:A] says that Morrison made an abridgement of the laws. In this revised code the common law of England is, for the first time, expressly adopted, being spoken of as "those excellent and oft-refined laws of England."[254:B] But it has been seen that Magna Charta had been previously recognized as of force in Virginia. In making a revision of the laws it was ordered that all acts which "might keep in memory our forced deviation from his majesty's obedience," should be repealed "and expunged." In the absence of ministers it was enacted that readers should be appointed, where they could be found, with the advice and consent of the nearest ministers, to read the prayers and homilies, and catechise children and servants, as had been practised in the time of Queen Elizabeth. Although not more than one-fifth of the parishes were supplied with ministers, yet the laws demanded a strict conformity, and required all to contribute to the support of the established church. But the right of presentation still remained in the people. The number of the vestry was limited to twelve, elected by the people, but they were now invested with the power of perpetuating their own body by filling vacancies themselves.[255:A] Vestries were ordered to procure subscriptions for the support of the ministry. The number of burgesses to represent each county was limited to two; the number of magistrates to twelve. The assembly confirmed an order of the quarter court prohibiting "Roger Partridge and Elizabeth, his wife, from keeping any maid-servant for the term of three years."
