Yesterday’s Virginia Today: A Cromwellian Assembly

The administration of government in Virginia in the 1650s was a very interesting time. Oliver Cromwell was sworn in as Lord Protector of England, Scotland, and Ireland after the dissolution of the “Rump Parliament” and “Barebones Parliament” of the commonwealth, which was erected following the execution of Charles I.

Oliver Cromwell Dissolves Parliament
Oliver Cromwell Dissolves Parliament

What this event meant for England, and by consequence Virginia, is a lengthy discussion in itself. But the General Assembly of Virginia carried on – surrendering itself by treaty to the new republic of England in March of 1652, and agreeing to “remaine in due obedience and subjection to the common wealth of England, according to the laws there established…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 commissions and instructions be void and null.”

Governor William Berkeley, a royalist, was removed from office, though he was allowed to remain in Virginia as a private citizen on his own planation.

Suddenly the House of Burgesses was given not just legislative authority, but executive and judicial authority, as well. The records reflect a shift in parliamentary timbre, and in the first assembly following the surrender, they appointed Mr. Richard Bennett, Esq. as governor of Virginia for “the ensuing yeare, or vntill the next meeting of the Assmebly.” Bennett was thereafter reappointed by the Burgesses until he left for England to join Cromwell in 1655. Edward Diggs was thereafter appointed as governor.

On March 10, 1656, the House of Burgesses enacted laws made through General Assembly for the common wealth of Virginia. Compared with previous assemblies under the Cromwellian republic, these laws tend to shift the focus back on daily life, whereas previous laws reflected an assembly adjusting to a new government in Mother England.

Some of the more interesting laws are highlighted below:

Act I

WHEREAS wee have bin often putt into great dangers by the invasions of our neighbouring and bordering Indians which humanely have bin only caused by these two particulars our extreame pressures on them and theire wanting of something to hazard & loose beside their lives: Therefore this Grand Assembly on mature advice doth make these three ensueing acts, which by the blessing of God may prevent our dangars for the future and be a sensible benefitt to the whole countrey for the present.

Ffirst for every eight wolves heads brought in by the Indians, The King or Great Man (as they call him) shall have a cow delivered him at the charge of the Publick, This will be a step to civilizing them and to making them Christians, besides it will certainly make the comanding Indians watch over their own men that they do vs no injuries, knowing that by theire default they may be in danger of losing their estates, therefore be it enacted as aforesaid only with this exception, That Acomack shall pay for no more then what are killed in their own county….

Act III

WHEREAS divers inconveniences are like to ensue by reason of the act for marketts and regulateing of trade and now taken into further consideration, Be it enacted that the act for marketts and regulateing of trade be repealed and of none effect, Provided allwaies that if any countrey or perticular persons shall settle any such place whither the merchants shall willingly come for the sale or bringing of goods, Such men shall be lookt vpon as benefactors to the publique.

[This act repealed a royal act of 1649, in which a highly-regulated state market was established to ensure fair commerce. It appears to have had quite the opposite effect.]

ACT V.

An Act for Criminall Causes to be tryed in the severall Countyes repealed.

WHEREAS there was an act of or the benefitt and ease of the people that criminal causes should be tryed in the countyes where the offenders comitted them. Wee conceive it no ease nor benefitt to the people to have their lives taken away with too much ease, And though we confess the same to be done in England, yet wee know the disparity between them and vs to be so great that wee cannot with safety follow the example, for noe countrey there but makes at least ten times the number of people here, and the jurors there [in England] are more practised in criminall causes then, by the blessing of God, wee are here, and have more to informe them in case they should err, And ’tis a maxim that no deliberation can be too much pondered that concernes the life of the meanest man; Be it therefore enacted, that from henceforth all criminall causes that concerne life or member be tryed at quarter courts before the Governour and Councill or att Assemblies (which of them shall first happen,) where it is probable the ablest and most impartial men will meet: And be it further enacted, That all prisoners be kept by the sherriffs of the county where the crime is committed vntil the first day of the quarter court or Assembly, & there be delivered vnto the sherriffs of James Cittie according to an act of Assembly now in force dated in March, 1642; And in case the person on his tryall be condemned and executed there, his estate to remaine in the possession and to the vse of his wife and children vntil further order.

[This is my favorite one. It repeals the authority for localities to punish criminals, allowing only the general court or circuit courts to do so. They also subtly compare their relative tranquility to England’s, and their citizens’ inexperience in dealing with criminals due to a want of criminal activity – while, it is implied, England has no such want.]

ACT XI.

      BE it enacted by this Grand Assembly that if any runnaway servant offend the second time against the act in march, 1642, concerning runnaway servants that then he shall onely be branded with the letter R: and passe vnder the statute for an incorrigible rogue, but also double his time of service so neglected, and soe likewise double the time that any time afterwards he shall neglect, and in some cases more if the commissioners think fitt: And be it further enacted by the authority aforesaid that he or she that shall lodge or harbour any such runaways shall not only pay 20 lb. of tobacco per night but also 40 lb. of tobacco per day as long as they shall be proved to entertaine them, contrary to an act of Assembly in March, 1642, relateing to hired servants.

[The “R” stands for Rogue, not Runaway. This is a reenactment of a law passed in 1643, with a significant difference being there is no proviso here – as there was in 1643 – for being mistreated, “vnchristianlike vsage, or otherways for want of diet” by their masters.]

ACT XII

WHEREAS it is much to be doubted, That the comon enemie the Indians, if opportunity serve, would suddenly invade this collony to a totall subversion of the same, and whereas the only means for the discovery of their plotts is by allarms, of which no certainty can be had in respect of the frequent shooting of gunns in drinking, whereby they proclaim, and as it were, justifie that beastly vice spending much powder in vaine, that might be reserved against the comon enemie, Be it therefore enacted that what person or persons soever shall, after publication hereof, shoot any gunns at drinkeing (marriages and ffuneralls onely excepted,) that such person or persons so offending shall forfeit 100 lb. of tobacco to be levied by distresse in case of refusal and to be disposed of by the militia in amunition towards a magazine for the county where the offence shall be comitted.

[The wanton drunken discharge of firearms and powder apparently caused many false alarms of marauding Indians. This act penalizes such a “beastly vice,” except for at funerals and marriages.]

ACT XVI.

      WHEREAS we conceive it something hard and vnagreeable 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, and it is further provided by this act that the rest of the act of March, 1654, concerning choosing Burgesses (this clause only excepted) be and remain in full force, any act provided to the contrary notwithstanding.

[This act expanded the electorate to all freemen that pay taxes.]

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