members, influence the actions of
the House and lead them in their fight against the Governor.
The most important task that confronted the Burgesses when they
assembled in 1688 was to call the Governor to account for many
burdensome fees which he had imposed upon the people by executive order.
First in importance was "a fee of 200 pounds of tobacco for the Seal
affixed to Patents & other public instruments".[1017] This the Burgesses
considered a tax imposed without the authority or consent of the
Assembly, and consequently destructive of the most cherished rights of
the people. Moreover, it had, they claimed, deterred many from using the
seal and had greatly impeded the taking up of land. They also protested
against a fee demanded by the "Master of the Escheat Office of L5 or
1000lbs tobacco", and to one of thirty pounds of tobacco required by the
Secretary for recording surveys of land.[1018] "This House," they
declared, "upon Examination of the many grievous Complaints ... (have)
been fully convinced and made sensible that many unlawful and
unwarrantable fees and other dutyes have been, under colour of his
Majesty's Royal authority, unjustly imposed ... & that divers new
unlawful, unpresidented & very burthensom and grievous wayes & devises
have been of late made use of to the great impoverishing Vexing and
utter undoeing of many of his Majesties Subjects of this his
Dominion."[1019]
The Burgesses were also deeply concerned at an instance of the
unwarrantable use of the royal prerogative. In 1680 an act had been
passed concerning attorneys. Two years later, before the act had
received the royal assent, it had been repealed by the Assembly. Later
the King, by proclamation, had made void the act of 1682, and the
Governor had insisted that this revived the law of 1680. Against this,
the Burgesses in 1688 entered a vigorous protest. "A Law," they
declared, "may as well Receive its beginning by proclamation as such
revivall.... Some Governor may be sent to Govern us who under the
pretense of the liberty he hath to construe prerogative and stretch it
as far as he pleaseth may by proclamation Revive all the Lawes that for
their great Inconveniences to the Country have been Repeal'd through
forty years since."[1020]
The Burgesses drew up a long paper, setting forth their many grievances,
with the intention of presenting it to the Governor. They first,
however, requested the Council to join them in their demand for redr
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