The assembly say, that "they have set down certain rules to be observed in the government of the church, until God shall please to turn his majesty's pious thoughts" toward them, and "provide a better supply of ministers." "The pious thoughts" of Charles the Second were never turned to this remote corner of his empire. Magistrates, heretofore called commissioners, were now styled "justices of the peace," and their courts "county courts."[255:B] A duty was laid on rum, because "it had, by experience, been found to bring diseases and death to divers people." An impost, first established during the Commonwealth of England, was still levied on every hogshead of tobacco exported; this became a permanent source of revenue, and rendered the executive independent of the legislature.
The numerous acts relating to the Indians were reduced into one: prohibiting the English from purchasing Indian lands; securing their persons and property; preventing encroachments on their territory; ordering the English seated near to assist them in fencing their corn-fields; licensing them to oyster, fish, hunt, and gather the natural fruits of the country; prohibiting trade with them without license, or imprisonment of an Indian chief without special warrant; bounds to be annually defined; badges of silver and copper plate to be furnished to Indian chiefs; no Indian to enter the English confines without a badge, under penalty of imprisonment, till ransomed by one hundred arms'-length of roanoke; Indian chiefs tributary to the English, to give alarm of approach of hostile Indians; Indians not to be sold as slaves.[256:A]
It was ordered that a copy of the revised laws should be sent to Sir William Berkley in England, that he might procure the king's confirmation of them. Beverley mentions a tradition that the king, in compliment to Virginia, wore, at his coronation, a robe made of Virginia silk, and adds, that this was all the country received in return for their loyalty, the parliament having re-enacted the navigation act, (first enacted during the Commonwealth,) with still severer restrictions and prohibitions. Even the traditional compliment of the king's wearing a robe of Virginia silk appears to be unfounded.
Wahanganoche, chief of Potomac, charged with treason and murder by Captain Charles Brent, before the assembly, was acquitted; and Brent, together with Captain George Mason and others, were ordered to pay that chief a certain sum in roanoke, or in matchcoats, (from matchkore, a deerskin,) in satisfaction of the injuries. Brent, Mason, and others were afterwards punished by fines, suspension from office, and disfranchisement, for offences committed against the Indians, and for showing contempt to the governor's warrant in relation to the chief of Potomac. The counties of Westmoreland and Northumberland were especially exposed to Indian disturbances at this time. Colonel Moore Fantleroy was disfranchised for maltreating the Rappahannock Indians; Mrs. Mary Ludlow was restrained from encroaching on the lands of the Chesquiack Indians at Pyanketanke; Colonel Goodrich was charged with burning the English house of the chief of the Matapony Indians. George Harwood was ordered to ask forgiveness in open court on his knees, for speaking disrespectfully of the right honorable governor, Francis Morrison; and, at the next court held in Warwick County, to ask forgiveness of Captain John Ashton for defaming him, and to pay two thousand pounds of tobacco.
It was during this year, 1662, that Charles the Second married Catherine, the Portuguese Infanta.
The court of Boston, in New England, having discharged a servant belonging to William Drummond, an inhabitant of Virginia, the assembly ordered reprisal to be made on the property belonging to inhabitants of the Northern colony to the amount of forty pounds sterling.[257:A]
Sir William Berkley returned in the fall of 1662 from England, having accomplished nothing for the colony, but having secured for himself an interest in a part of the Virginia territory, now North Carolina, granted to himself and other courtiers and court favorites. He brought out with him instructions from the crown, comprising directions relative to church matters; that the Book of Common Prayer should be read, and the sacrament administered according to the rites of the Church of England; that the churches should be well and orderly kept; that the number of them should be increased as the means might justify; that a competent maintenance should be assigned to each minister, and a house built for him, and a glebe of one hundred acres attached. It was further directed that no minister should be preferred by the governor to any benefice, without a certificate from the Lord Bishop of London; and that ministers should be admitted into their respective vestries; that the oaths of obedience and supremacy should be administered to all persons bearing any part of the government, and to all persons whatsoever of age in the colony. The last of these instructions is in the following words: "And because we are willing to give all possible encouragement to persons of different persuasions in matters of religion, to transport themselves thither with their stocks, you are not to suffer any man to be molested or disquieted in the exercise of his religion, so he be content with a quiet and peaceable enjoying it, not giving therein offence or scandal to the government; but we oblige you in your own house and family to the profession of the Protestant religion, according as it is now established in our kingdom of England, and the recommending it to all others under your government, as far as it may consist with the peace and quiet of our said colony. You are to take care that drunkenness and debauchery, swearing, and blasphemy, be discountenanced and punished; and that none be admitted to publick trust and employment whose ill fame and conversation may bring scandal thereupon."[258:A]
The spirit of toleration expressed in these instructions was insincere and hypocritical, and dictated by the apprehensions of a government yet unstable, and by a temporizing policy. In December, 1662, the assembly declared that "many schismatical persons, out of their averseness to the orthodox established religion, or out of the new-fangled conceits of their own heretical inventions, refuse to have their children baptized," and imposed on such offenders a fine of two thousand pounds of tobacco.
The act for the suppression of the sect of Quakers was now extended to all separatists, and made still more rigorous. Persons attending their meetings were fined, for the first offence, two hundred pounds of tobacco; for the second, five hundred; and for the third, banished. In case the party convicted should be too poor to pay the fine, it was to be levied from such of his sect as might be possessed of ampler means.
A Mr. Durand, elder in a Puritan "very orthodox church," in Nansemond County, had been banished from Virginia in 1648. In 1662, the Yeopim Indians granted to "George Durant" the neck of land in North Carolina which still bears his name. He was probably the exile. In April, 1663, George Cathmaid claimed from Governor Berkley a large tract of land on the borders of Albemarle Sound, in reward of having colonized a number of settlers in that province. In the same year Sir William Berkley was commissioned to organize a government over this newly settled region, which, in honor of the perfidious General Monk, now made Duke of Albemarle, received the name which time has transferred to the Sound.