exclusion of the
governor and council from the house, it might be inferred that it was
owing to a jealousy of these functionaries being members of the body
that elected them. Yet Bennet, the first of the three governors, and his
council, were, in 1652, expressly allowed to be _ex officio_ members of
the assembly. An order was also made, April 2d, 1758, by the assembly,
in the name of his Highness the Lord Protector, to the sheriff of James
City, and sergeant-at-arms, to obey no warrant but those signed by the
speaker of the house; and William Clayborne, secretary of state, (under
Bennet, Digges, and Matthews,) was directed to deliver the records to
the assembly. The oath of office was administered to Governor Matthews
by the committee before mentioned, and the members of the council
nominated by the governor and approved by the house, took the same
oath.[239:A]

The number of burgesses present at the session commencing in March,
1659, was thirty. Colonel Edward Hill, who had been disfranchised,
was now unanimously elected speaker. Colonel Moore Fantleroy, of
Rappahannock County, not being present at the election, "moved against
him, as if clandestinely elected, and taxed the house of unwarrantable
proceedings therein." He was suspended until the next day, when,
acknowledging his error, he was readmitted.

Any member absent from the house was subject to a penalty of twenty
pounds of tobacco. A member "disguised with overmuch drink" forfeited
one hundred pounds of tobacco. A burgess was required to rise from his
seat, and to remain uncovered, while speaking. The oath was administered
to the burgesses by a committee of three sent from the council.

FOOTNOTES:

[234:A] Hening, i. 402, 422; Burk's Hist. of Va., ii. 107.

[234:B] Hening, i. 424.

[234:C] Burk's Hist. of Va., ii. 116. An Armenian was imported by Digges
for the purpose of making silk.

[236:A] Burk's Hist. of Va., ii. 116.

[237:A] Hening, i. 434, 482.

[239:A] The governor and council were as follows: Colonel Samuel
Matthews, Governor and Captain-general of Virginia, Richard Bennet,
Colonel William Clayborne, Secretary of State, Colonel John West,
Colonel Thomas Pettus, Colonel Edward Hill, Colonel Thomas Dew, Colonel
William Bernard, Colonel Obedience Robins, Lieutenant-Colonel John
Walker, Colonel George Reade, Colonel Abraham Wood, Colonel John Carter,
Mr. Warham Horsmenden, Lieutenant-Colonel Anthony Elliott.

CHAPTER XXVI.

1659-16