History of the Colony and Ancient Dominion of VirginiaCampbell, Charles
History
History of the Colony and Ancient Dominion of Virginia
Campbell, Charles
Virginia -- History -- Colonial period, ca. 1600-1775; Virginia -- History -- Revolution, 1775-1783
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forced deviation from his majesty's obedience," should be repealed "and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.
Public-domain text, read in full here on John Shaqi.
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