impositions upon the colony, their land, or commodities, otherwise than
by authority of the grand assembly, to be levied and employed as by the
assembly shall be appointed.

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