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being "Papists," to take "the oaths appointed by Act of Parliament to be taken instead of the oaths of allegiance and supremacy." Those refusing to take these oaths, when tendered, had the following pains and penalties denounced against them, and all who aided, abetted, or countenanced them in their recusancy: "To be allowed to have no arms, "weapons, gunpowder, or ammunition," except (like free negroes) upon license from the court of justices; to be subject to a search for these arms, &c., which are declared forfeited; to be compelled to deliver the said armis, &c., within ten days after refusing the oaths, or failing in that delivery, or hindering in the search, or seizure, by concealment or otherwise, to be committed to the county gaol, "without bail or mainprize," for three months, to forfeit the arms, &c., and be fined treble their value; to be permitted to own no "horse or horses, which shall be above the value of five pounds to be sold," on pain of forfeiture, and, in case of concealment, to suffer three months' imprisonment and be fined treble the value of the animals. To insure the enforcement of these provisions, common informers were awarded the assessed value of all such interdicted property as they found in the hands of "Papists," or in the hands of others for their use.

But Catholics were not the only ones whose consciences the Assembly of Virginia assumed to control and regulate. In 1663, an Act was passed to the effect that "if any Quakers, or other separatists whatsoever, in this colony, assemble themselves together to the number of five or more, under the pretence of joining in a religious worship not authorized in England or this country, the parties so offending, being thereof lawfully convicted, shall, for the first offence, forfeit and pay two hundred pounds of tobacco; for the second offence, five hundred pounds of tobacco, to be levied upon the goods of the party convicted; but if he be unable, then upon the goods of any other of the sepa ratists or Quakers then present; and for

the third offence, the offender shall be banished the colony of Virginia." At the same time it was enacted that any master of a vessel bringing any Quaker or Quakers into the colony should be fined five thousand pounds of tobacco, and also be compelled to carry bis broadbrim cargo away again. Moreover, any colonist entertaining any Quaker in or near his house, "to preach or teach," was fined five thousand pounds of tobacco for every such offence.

Even so late as the era of the Revolution, Quakers were severely dealt with in Virginia. In the beginning of the war of Independence, Virginia attempted to make the Friends in her borders perform military service; but they would not array themselves as the foes of King George, or of any other man. The lash was mercilessly applied to them, to reduce them to discipline, but in vain. They would not serve even in the militia, and the Legislature was obliged to have recourse to heavy taxation upon them, with the proceeds of which substitutes were engaged. This, of course, had a ruinous effect upon the prosperity of the sect in the State, reducing its members in many instances to the most distressing poverty.

The Baptists were the next objects of Virginia intolerance. The first church of this denomination in the State was formed in Isle of Wight county, about the year 1714, yet the Baptists are today, as they have been for many years, more numerous in Virginia than Presbyterians, Episcopalians, or Methodists. Of course, they were from the first subject to all the vexatious trammels of the "Established Church," and the laws against Quakers and other separatists were appealed to to crush them. Baptist preachers were imprisoned and their congregations dispersed. Armed mobs. sometimes caused both shepherd and flock to fly for their lives. On one occasion a snake and a hornet's nest were thrown into the room where a number of Baptists had gathered for worship. They were, as far as protection was concerned, outlaws, while every penal statute was turned upon them. The powers

that were called them "disturbers of the public peace," and treated them accordingly. Baptist ministers were apprehended upon peace-warrants, and Benedict tells us that about thirty preachers were thus imprisoned in Virginia. Rev. John Waller was confined, for preaching, in four different jails for one hundred and thirteen days, was often assaulted and beaten, and on more than one occasion was subjected to the ignominy of stripes. Rev. James Ireland was seized and imprisoned in the jail of Culpepper County, where several attempts were made to murder him. The first was to blow him up with gunpowder, which failed. The second was to suffocate him with the fumes of burning brimstone, which came near succeeding. The third was to poison him, and this, by the aid of a physician and the jailor, was partially effected, Mr. Ireland being thrown into a dangerous illness, from which his constitution never recovered. I might add much more, but I forbear.

Even after the Revolution the "Established Church" still stood, and it was not until 1785 that, as such, it was finally abolished. A petition to the Legislature favoring this abolition, forwarded by the Baptists, was accompanied by the following verses:

THE HUMBLE PETITION OF A COUNTRY POET.
Now liberty is all the plan,
The chief pursuit of every man
Whose heart is right, and fills the mouth
Of patriots all, from north to south;
May a poor bard, from bushes sprung,
Who yet has but to rustics sung,
Address your honorable house,
And not your angry passions rouse?
Hark! for awhile your business stop;
One word into your ears I'll drop:
No longer spend your needless pains,
To mend and polish o'er our chains;
But break them off before you rise,
Nor disappoint our watchful eyes.
What say great Washington and Lee?
"Our country is and must be free."
What say great Henry, Pendleton,
And Liberty's minutest son!
'Tis all one voice-they all agree
God made us, and we must be free.
Freedom we crave with every breath,
An equal freedom, or a death.
The heavenly blessing freely give,
Or make an act we shall not live.
Tax all things; water, air, and light,
If need there be; yea, tax the night,

But let our brave, heroic minds
Move freely as celestial winds.

Make vice and folly feel your rod,
But leave our consciences to God:

Leave each man free to choose his form

Of piety, nor at him storm.

And he who minds the civil law,
And keeps it whole without a flaw,
Let him, just as he pleases, pray,

And seek for heav'n in his own way;
And if he miss, we all must own,

No man is wrong'd but he alone.

So, we see how recent a blessing religious freedom is to Virginia.

THE GRAY LAWS OF VIRGINIA.

I choose my title in this instance in contradistinction to the "Blue Laws of Connecticut "—blue being, by common consent, a "Yankee" color, while gray is the badge of the South. Moreover, the laws I refer to are so ancient (for America) that, if they are not gray, they are old enough to be so.

In 1611, Sir Thomas Dale was appointed Governor of Virginia, with the title of "Lord High Marshal;" and, for the guidance of his administration, the Treasurer of the Virginia Company, Sir Thomas Smith, prepared a Code of Laws, divine, moral, and martial, to be enforced throughout the colony, but especially in Jamestown. This code

was chiefly an abstract from the severest military laws of the Low Countries, and, for a time, was rigidly enforced. It regulated every detail of life, both public and private; fixed the hour of lying down and rising up; compelled labor and prayer by rule and compass; controlled the consciences and cut the clothes of all. I refer the reader for the details of these regulations to Bishop Meade's works; but I will instance the compulsory daily routine in Jamestown. On" week days" the "Captain of the Watch" aroused the companies early in the morning, when, at the word of command, all knelt in prayer; after which they were marched to work. At nine or ten o'clock, the drum was beaten, work was suspended, and all marched to church for prayers again. Bishop Meade says: "Half an hour before the divine service, morning and evening, the captain of the watch had to

shut the ports and place sentinels, and the bell having tolled the last time, to search all the houses of the town, to command every one of what quality soever (the sick and hurt excepted) to repair to church; after which he was to follow all the guards, with their arms, into the church, and lay the keys before the Governors. On Sunday, he was to see that the day was no ways profaned by any disorders, gaming, drunkenness, intemperate meetings, or such like, in public or private, in the streets or within the houses."

By a statute of 1662, every body was obliged to have his child baptized by a minister of the Church of England, or be fined two thousand pounds of tobacco. Any dissenting minister presuming to solemnize the rites of matrimony was amerced ten thousand pounds of tobacco, and every such marriage was pronounced invalid. All persons were forbidden to take any journeys or do any work on the Sabbath, except of necessity, and all persons were ordered to attend the worship in the parish church or chapel every Sunday, or be fined fifty pounds of tobacco for every absence. Quakers, and other recusants, totally absenting themselves from the established religious services of the parish, were fined twenty pounds a month; and, in addition, every Quaker was fined two hundred pounds of tobacco for each occasion he was present at a meeting of his sect. An Act of 1705 provided that every one who absented himself, or herself, from church for one month (except Quakers, &c.), or failed to make due observance of the Sabbath, should pay for every such offence the sum of five shillings, or fifty pounds of tobacco, or, failing, from any cause, to make prompt payment, should receive, on the bare back, ten lashes, well laid on." By an Act of the same year, any one who, being brought up in the Christian religion, should deny the existence of God or the truth of the Scriptures, for the first offence was disabled to hold any "office or employment, ecclesiastical, civil, or military;" for the second offence, he was "disabled to sue in any court of

law or equity, or to be guardian to any child, or executor or administrator of any person, or capable of any gift or legacy, or to bear any office, civil or military, forever within this colony, and shall also suffer from the time of such conviction, three years imprisonment, without bail or mainprize."

The following obsolete law of 1680, and which justices were commanded to put "in severe execution," under heavy penalties for neglect to do so, should be revived for the suppression of a growing evil of the present day: "Whoever shall appear in any church or chapel, whilst the minister is exercising his ministerial function, and shall disturb him, by words, or any other manner, or shall there appear in any unseemly or undecent gesture, any sheriff, justice, or other officer then present, shall put such person so offending under restraint during divine service, who shall also, for the first offence, be fined two hundred pounds of tobacco and cask, and for every such offence committed after in the like quality, five hundred pounds of tobacco and cask."

Vagrants, by an Act of 1748 (which gave the word a very wide application), straying from their parishes, were dealt with like negro runaways; that is, whipped from constable to constable, till they reached their proper domicil. Every vagrant was liable to be hired out as a servant, if any body would have him, at any price; but if no one would hire him, he received thirty lashes at the public whipping-post, and was then discharged-liable, however, to a repetition of the punishment for every subsequent offence of vagrancy. By a statute of 1705, any poor white who presumed to ape his betters and ventured to "swear, curse, or be drunk," received "ten lashes on the bare back, well laid on, for every such offence." An Act to the same effect was passed also in 1744. In 1748, the Assembly declared that "any negro, or other slave, preparing, exhibiting, or administering any medicine whatsoever, shall be adjudged guilty of felony, and suffer death without benefit of clergy."

An Act of 1755 sent the poor whites (paupers) to workhouses, where they were to labor and obey, or else receive ten lashes from the overseer for every offence, he being both judge and jury, and, perhaps, executioner. These poor whites were also obliged to wear a badge, cut in blue, red, or green cloth, "upon the shoulder of the right sleeve of his or her upper garment, in an open and visible manner," or else receive five lashes for every neglect to do so. By a law of 1662, "a pillory, a pair of stocks, a whipping-post, and a duckingstool" were made the indispensable adjuncts of every court house. What the "ducking-stool" was for may be judged from an Act of the same year, which provided that in actions for slander, caused by a man's wife, after the assessment of damages, the woman should be ducked, at the rate of one ducking for every five hundred pounds of tobacco assessed as damages against her husband, if he refused to pay the tobac

Co.

I wonder if our "strong-minded" are struggling for the restoration of this lapsed "woman's right?"

In 1705, it was enacted that all poor whites, men and women, convicted of adultery, should "receive twenty-five lashes at the public whipping-post; " their "betters" for adultery, were fined one thousand pounds of tobacco and cask, and for fornication, five hundred pounds of tobacco and cask. An Act of 1727 subjected every poor white woman who had an illegitimate child to twenty-five lashes at the public whipping-post, and the same penalty

was inflicted on the poor person in whose house such child was born, unless he or she gave due notice of the birth to the church-wardens of the parish. The wealthier, in like cases, escaped on payment of five hundred pounds of tobacco, or fifty shillings current money. The frequency of child-murder in these latter days commends the Virginia statute of 1710 to our most favorable consideration. It was as follows: "If any woman, not being a slave, be delivered of any issue of her body, which, being born alive, should by law be a bastard, and endeavors privately by drowning, secret burying or any other way by herself, or the procuring of others, so to conceal the death thereof that it may not come to light, whether it was born alive or not; the mother so offending shall suffer death, as in case of murder, except she can make proof by one witness, at least, that the child (whose death was by her so intended to be concealed) was born dead."

Suppose this following law of 1661 were now in force at Washington, what would become of our "reliable correspondents," both radical and conservative? "Any person who shall forge or divulge any false report, tending to the trouble of the country, shall, by the next justice of the peace, be sent for, and bound over to the next county court; where, if he produce not his author, he shall be fined two thousand pounds of tobacco (or less, at the Court's discretion); and besides, give bond for his behavior, if it appears to the Court that he did maliciously publish or invent it."

TO-DAY: A ROMANCE.

"But we-we are-to us the breathing hours."-Schiller.

PART II.

Ο Άνθρωπος εὐεργετὸς πεφυκώς.-M. Antonin. lib. ix.
Man is born to be a doer of good.

CHAPTER I.

A GRAND RECEPTION IN THE METROPOLIS.

CASTLETON and Du Barry had metmet in the manner described in the commencement of this history-met after more than seven years of separation; years which had served to form both of them. Castleton was in advance of his old companion. He was already grasping into the "thick of human life," while Du Barry was only skimming the surface. Both were at an age when the heart so far exercises control as to give a coloring to the feelings; when, whatever may be our plans and purposes, they are associated with some one we love, and whom we hope to win. This idea humanizes for the time the most hardened and selfish. It is our richest patrimony. Why is it so soon wasted?

The answer would involve too long a digression. We talk of blighted hopes and broken hearts. Who can say but men have quite their share? Early in life, I believe they suffer more in this way than the gentler sex; afterwards, the fierce contests of the arena expel or blunt the pangs of unrequited love, and make men cynical or indifferent; while women ordinarily have more opportunity to brood over their ruined hopes as time advances.

genuous companion that this catastrophe, whatever else it might involve, would not spoil his young wife's receptions.

It did not. It is to one of these receptions that I now introduce you.

It would seem that the whispers of her husband's calamity had only stimulated the lady to greater extravagance and display. On this occasion the rooms were garlanded with natural flowers of hothouse growth. The music was exquisite. Trollari, then the most famous public singer in the country, had consented, on the occasion, to sing one song! The supper was most èlaborate and profuse. The company-but why need I go into particulars? One of the New York journals contained three columns descriptive of this "recherché affair." In these three columns the public are told how many thousand dollars were expended for "flowers alone," the value of the present which Trollari received, and the total of Lenthall's bill for the entertainment, together with various other important items, including descriptions of dresses and of the charming creatures who wore them.

Mrs. Enos Foote expressed herself as "perfectly indignant" that these details

God help both, in this matter of dis- should have "found their way into the appointed affections!

The reader may possibly remember the rather startling announcement made by Ellsworth to Graves (it was in the beginning of my story) that Enos Foote had been trapped by a corner, and the very honest hope expressed by his in

newspapers!" She alluded especially, she said, to the impertinent gossip about the cost of her reception. "What were we coming to, when the items of one's household expenses were not free from such meddling curiosity! It was high time some restraint was put on the press, indeed it was.”

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