Chapter XXII: Act XL: provides, that the governor shall not withdraw the inhabitants

from their private labors to service of his own, upon any color whatsoever. In case of emergency, the levying of men shall be ordered by the governor, with the consent of the whole body of the council. For the encouragement of men to plant a plenty of corn, it was enacted, that the price shall not be restricted, but it shall be free for every man to sell it as dear as he can. Men were not allowed to work in the grounds without their arms, and a sentinel on guard; due watch to be kept at night when necessary; no commander of any plantation shall either himself spend, or suffer others to spend, powder unnecessarily, that is to say, in drinking or entertainments. All men fit to bear arms were required to bring their pieces to the church on occasion of public worship. No person within the colony, upon any rumor of supposed change and alteration, was to presume to be disobedient to the present government, nor servants to their private officers, masters, and overseers, at their uttermost peril. No boats were permitted to go and trade to Canada or elsewhere that be not of the burthen of ten tons, and have a flush deck, or fitted with a grating and a tarpauling, excepting such as be permitted for discovery by a special license from the governor.[186:A]

FOOTNOTES:

[179:A] Chalmers' Introduction, i. 22. Beverley, B. i. 47, says expressly that an assembly was allowed. Burk, ii. 15, asserts that "assemblies convened and deliberated in the usual form, unchecked and uninterrupted by royal interference, from the dissolution of the proprietary government to the period when a regular constitution was sent over with Sir W. Berkeley in 1639." For authority reference is made to a document in the Appendix, which document, however, is not to be found there. The opinions of Chalmers--who, as clerk of the privy council, had access to the archives in England--and Hening, confirmed by a corresponding hiatus in the records, appear conclusive against the unsupported statements of Beverley and Burk.

[180:A] Belknap, art. WYAT, errs in making Sir John Harvey the successor.

[181:A] The number of cattle amounted to several thousand head; the stock of goats was large, and their increase rapid; the forests abounded with wild hogs, which were killed and eaten by the savages.

[183:A] 1625.

[184:A] Burk, ii. 25; Hen., i. 73, 97.

[184:B] 1 Hen., 552.

[184:C] Belknap, iii. 206; Allen's Biog. Dic., art. CALVERT.

[185:A] 1 Hening, 149.

[186:A] 1 Hening, 155, 175.