Among those that felt most keenly the Governor's resentment was a certain clergyman, Anthony Panton. This man had quarrelled with Harvey's best friend and chief advisor in the stormy days of the expulsion, Secretary Matthew Kemp. Panton had incurred Kemp's undying resentment by calling him a "jackanapes", "unfit for the place of secretary", and declaring that "his hair-lock was tied up with ribbon as old as St. Paul's".[298] The belligerent parson was now brought to trial, charged with "mutinous speeches and disobedience to Sir John Harvey", and with disrespect to the Archbishop of Canterbury. His judges pronounced him guilty and inflicted a sentence of extreme rigor. A fine of L500 was imposed, he was forced to make public submission in all the parishes of the colony, and was banished "with paynes of death if he returned, and authority to any man whatsoever to execute him."[299]

In the meanwhile the Governor's enemies in England had not been idle. Matthews, Utie, West and Pierce, upon landing in 1637, had secured their liberty under bail, and had joined with Dr. Pott in an attempt to undermine Harvey's influence at Court. Had Sir John sent witnesses to England at once to press the charges against them before the Star Chamber, while the matter was still fresh in the memory of the King, he might have brought about their conviction and checked their plots. But he neglected the case, and Charles probably forgot about it, so the whole matter was referred to the Lord Keeper and the Attorney-General where it seems to have rested.[300] The exiles had no difficulty in finding prominent men willing to join in an attack upon Harvey. Before many months had passed they had gained the active support of the "sub-committee" of the Privy Council to which Virginia affairs were usually referred.[301] Harvey afterwards complained that members of this committee were interested in a plan to establish a new Virginia Company and for that reason were anxious to bring discredit upon his government.[302] It was not difficult to find cause enough for removing Sir John. Reports of his misconduct were brought to England by every vessel from the colony. Numerous persons, if we may believe the Governor, were "imployed in all parts of London to be spyes", and to "invite the meanest of the planters newly come for England into Taverns", where they made them talkative with wine and invited them to state their grievances.[303]

The English merchants trading to Virginia also entered complaint before the Privy Council against Harvey's administration. They sought relief from a duty of two pence per hogshead on all tobacco exported from the colony, from a fee of six pence a head on immigrants, and a requisition of powder and shot laid upon vessels entering the James.[304] The Privy Council, always careful of the welfare of British trade, wrote the Governor and the Council, demanding an explanation of these duties and requiring an account of the powder and shot. Harvey replied at great length, justifying the duties and begging their Lordships not to credit "the malitious untruths of such who by all means do goe about and studie to traduce us".

But the Privy Council, not waiting to receive all of Harvey's defense, decided to remove him and to appoint in his place Sir Francis Wyatt.[305] The new Governor was directed to retain the old Council and to confirm Kemp as Secretary.[306] But he was authorized to restore to Matthews any part of his estate yet withheld from him, and to reopen in the Virginia courts the case against Anthony Panton.[307] The day of reckoning had now arrived. When Wyatt reached Virginia, he lost no time in bringing Harvey to account for his misdeeds. He was arraigned before the courts, where he was forced to answer countless complaints of injustice and oppression, and to restore to their owners his ill gotten gains. Kemp wrote, in March, 1640, that Sir John was being persecuted with great rigor, that most of his estate had been confiscated, and at the next court would assuredly be swept away.[308] A few weeks later Harvey wrote to Secretary Windebank, to relate his misfortunes. "I am so narrowly watched," he complained, "that I have scarce time of priviledge for these few lines, which doe humbly crave of you to acquaint his Majesty how much I groan under the oppressions of my prevayling enemies, by whom the King's honor hath soe much suffered and who are now advanced to be my judges, and have soe farr already proceeded against me as to teare from me my estate by an unusuall way of inviting my creditors to clamour." He wished to return to England, there to repair his fortunes and seek revenge upon his enemies, but for some time he was detained in Virginia. The new Governor thought best to keep him in the colony where it would be difficult for him to plot against the administration. Harvey wrote, "I am denyed my passage for England notwithstanding my many infirmities and weaknesses of body doe crave advice and help beyond the skill and judgment which this place can give."[309]

"Sir John being ... layed flatt," the Governor next turned his attention to Kemp.[310] Sir Francis, who had strong reasons for hating the Secretary, summoned him into court to explain his offenses against Anthony Panton. Realizing that he had little hope of clearing himself, Kemp sought to leave for England, but his enemies restrained him. "I am extremely injured," he wrote in April, 1640, "and shall suffer without guilt, unless my friends now assist me, ... the Governor and Council here ... aim at my ruin."[311]

But Wyatt feared to retain Harvey and Kemp permanently in Virginia. Both had powerful friends who might take the matter before the King or the Privy Council. So, in the end, both made their way to England, taking with them the charter and many important letters and records.[312] It was now their turn to plot and intrigue to overthrow the party in power.[313] And so quickly did their efforts meet success that before Wyatt had been in office two years he was recalled and Sir William Berkeley made Governor in his place.

FOOTNOTES:

[221] F. R., p. 556; Osg., Vol. III, p. 47.

[222] F. R., p. 574.

[223] F. R., p. 572.

[224] Osg., Vol. III, p. 50.

[225] Osg., Vol. III, p. 50.

[226] F. R., p. 584.

[227] F. R., p. 584.

[228] P. R. O., CO1-3.

[229] F. R., p. 584.

[230] F. R, p. 634.

[231] Osg., Vol. III, p. 74.

[232] F. R., p. 639.

[233] F. R., p. 640.

[234] F. R., p. 641.

[235] F. R., pp. 641, 642.

[236] F. R., p. 647.

[237] F. R., p. 648.

[238] F. R., p. 573.

[239] P. R. O., CO1-3-7.

[240] P. R. O., CO1-3-5.

[241] Hen., Vol. I, pp. 129, 130.

[242] F. R., p. 648; P. R. O., CO1-4.

[243] P. R. O., CO1-20.

[244] Bruce, Ec. Hist, Vol. I, p. 287.

[245] P. R. O, CO1-4.

[246] F. R., p. 647.

[247] P. R. O., CO1-4-18.

[248] Gen., p. 1047.

[249] Neill, Va. Co., p. 221.

[250] F. R., p. 568.

[251] F. R., p. 639.

[252] Fiske, Old Va., Vol. I, p. 252.

[253] Bruce, Ec. Hist., Vol. I, p. 130.

[254] P. R. O., CO1-5-29.

[255] P. R. O., CO1-5.

[256] F. R., p. 644.

[257] P. R. O., CO1-5-31.

[258] P. R. O., CO1-5-32; Hen., Vol. I., p. 145.

[259] P. R. O., CO1-5; Hen., Vol. I, p. 146.

[260] P. R. O., CO1-5.

[261] P. R. O., CO1-5-32.

[262] P. R. O., CO1-5-33.

[263] P. R. O., CO1-5-33.

[264] P. R. O., CO1-6.

[265] P. R. O., CO1-6-34.

[266] P. R. O., CO1-6-35, 57.

[267] P. R. O., CO1-6-37.

[268] Fiske, Old Va., Vol. I, pp. 262, 263.

[269] P. R. O., CO1-6-39.

[270] P. R. O., CO1-6-39.

[271] P. R. O., CO1-6-46.

[272] P. R. O., CO1-6-46.

[273] P. R. O., CO1-6-52.

[274] P. R. O., CO1-6-46.

[275] P. R. O., CO1-8-60.

[276] Hen., Vol. I, p. 223.

[277] Bruce, Inst. Hist., Vol. II, p. 324.

[278] Hen., Vol. I, p. 264.

[279] Burk, Vol. II, pp. 28, 29.

[280] Hen., Vol. I, p. 124.

[281] P. R. O., CO1-8.

[282] P. R. O., CO1-8.

[283] P. R. O., CO1-8.

[284] P. R. O., CO1-8-63.

[285] P. R. O., CO1-8.

[286] P. R. O., CO1-8.

[287] P. R. O., CO1-8.

[288] P. R. O., CO1-8-48.

[289] P. R. O., CO1-8-61.

[290] P. R. O., CO1-8-62.

[291] P. R. O., CO1-8-61.

[292] Report of Com. on Hist. Mans. 3.

[293] P. R. O., CO1-10-14.

[294] P. R. O., CO1-9-121.

[295] P. R. O., CO1-9-121.

[296] P. R. O., CO1-10-6.

[297] P. R. O., CO1-10-6.

[298] Fiske, Old Va., Vol. I, p. 295.

[299] P. R. O., CO1-10-32.

[300] P. R. O., CO1-10-73.

[301] P. R. O., CO1-10-10.

[302] P. R. O., CO1-10-10.

[303] P. R. O., CO1-10-15.

[304] P. R. O., CO1-10-5.

[305] P. R. O., CO1-10-3.

[306] P. R. O., CO1-10-43.

[307] P. R. O., CO1-10-26, 32.

[308] P. R. O., CO1-10-61.

[309] P. R. O., CO1-10-67.

[310] P. R. O., CO1-10-64. 1.

[311] P. R. O., CO1-10-64.

[312] Report of Com. on Hist. Man., 3.

[313] Report of Com. on Hist. Man., 3.



CHAPTER IV

GOVERNOR BERKELEY AND THE COMMONWEALTH

Sir William Berkeley, who succeeded Governor Wyatt in 1642, is one of the striking figures of American colonial history. Impulsive, brave, dogmatic, unrelenting, his every action is full of interest. He early displayed a passionate devotion to the house of Stuart, which remained unshaken amid the overthrow of the monarchy and the triumph of its enemies. When the British Commons had brought the unhappy King to the block, Berkeley denounced them as lawless tyrants and pledged his allegiance to Charles II. And when the Commonwealth sent ships and men to subdue the stubborn Governor, they found him ready, with his raw colonial militia, to fight for the prince that England had repudiated. Throughout his life his chief wish was to win the approbation of the King, his greatest dread to incur his censure.

Berkeley did not know fear. When, in 1644, the savages came murdering through the colony, it was he that led the planters into the forests to seek revenge. In 1666, when a Dutch fleet sailed into the James and captured a number of English vessels, the Governor wished to sally out in person with a few merchantmen to punish their temerity.

He possessed many of the graces of the courtier, and seems to have charmed, when he so desired, those with whom he came in contact. His friends are most extravagant in his praises, and their letters refer to him as the model soldier, statesman and gentleman.

The overthrow of Sir Francis Wyatt was a severe blow to the enemies of the old Harvey faction. Anthony Panton entered a protest against the change of administration, claiming that it had been brought about by surreptitious means and that no just complaint could be made against Governor Wyatt.[314] At his petition Berkeley was ordered to postpone his departure for Virginia until the matter could be investigated further. Upon signing an agreement, however, to protect the interests of Wyatt and his friends, he was allowed to sail and reached the colony in 1642.

The new Governor soon showed that he had no intention of persecuting Harvey's enemies, or of continuing the bitter quarrels of the preceding administrations. In his first Council we find Samuel Matthews, William Pierce and George Minifie, all of whom had been implicated in the "thrusting out".[315] Whether proceeding under directions from the English government, or actuated by a desire to rule legally and justly, he conferred a priceless blessing upon the colony by refusing to use the judiciary for political persecution. So far as we can tell there was no case, during his first administration, in which the courts were prostituted to personal or party ends. Thomas Ludwell afterwards declared that it was a convincing evidence of Berkeley's prudence and justice that after the surrender to the Commonwealth, when his enemies might easily have hounded him to his ruin, "there was not one man that either publickly or privately charged him with injustice".[316] In March, 1643, he affixed his signature to a law allowing appeals from the Quarter Courts to the Assembly. This right, which seems not to have been acknowledged by Sir John Harvey, was of the very highest importance. It gave to the middle class a share in the administration of justice and afforded an effectual check upon the abuse of the courts by the Governor and Council.

Berkeley greatly endeared himself to the poor planters by securing the abolition of a poll tax that contributed to the payment of his own salary.[317] "This," the Assembly declared, "is a benefit descending unto us and our posterity which we acknowledge contributed to us by our present Governor."[318] Berkeley also made an earnest effort to relieve the burden of the poor by substituting for the levy upon tithables "assessments proportioning in some measure payments according to mens abilities and estates" But the colonial legislators soon found a just distribution of the taxes a matter of great difficulty, and we are told that the new measures, "through the strangeness thereof could not but require much time of controverting and debating".[319] In 1648 the experiment was abandoned and the old oppressive tax upon tithables revived.[320]

During the first administration of Berkeley numerous other measures were adopted tending to augment the liberty and prosperity of the people. In 1643 a law was passed prohibiting the Governor and Council from imposing taxes without the consent of the Assembly.[321] At the same session Berkeley assented to a statute exempting the Burgesses from arrest during sessions of Assembly and for ten days after dissolution.[322] The fees of the Secretary of State were limited and fixed in order to prevent excessive and unjust charges by that officer.[323]

That the colonists were not insensible of the Governor's liberal conduct is shown by their generosity to him on more than one occasion. In 1642 they presented him with an "orchard with two houses belonging to the collony ... as a free and voluntary gift in consideration of many worthy favours manifested towards the collony".[324] In 1643, when the war in England caused the suspension of Berkeley's pensions and allowances from the King, the Assembly voted a tax of two shillings per poll on all tithable persons as a temporary relief.[325]

When Sir William assumed the government in 1642 he was conscious that an effort was being made in England to restore the old London Company of Virginia, and it became his first care to thwart this design. In 1639 George Sandys had been sent to England as the agent of the Assembly and had presented a petition in the name of the Virginia planters, to the House of Commons, for the restoration of the old corporation.[326] The Assembly of April, 1642, called together by Berkeley, repudiated entirely the action of their agent, declaring that he had misunderstood his instructions. The renewal of the Company, they said, was never "desired, sought after or endeavoured to be sought for either directly or indirectly by the consent of any Grand Assembly or the common consent of the people". They drew up a petition to the King, expressing their desire to remain under his immediate care and protection, citing the many blessings of the present order of government, and drawing the most melancholy picture of their sufferings before the revocation of the charter. "The present happiness," they said, "is exemplified to us by the freedom of yearly assemblies warranted unto us by his majesties gratious instructions, and the legal trial per juries in all criminal and civil causes where it shall be demanded."[327]

This declaration of loyalty and contentment, reaching Charles at a time when so many of his subjects were rising in rebellion against his authority, was most pleasing to the unfortunate monarch. "Your acknowledgement," he replied to the Governor and the Assembly, "of our grace, bounty, and favour, towards you, and your so earnest desire to continue under our immediate protection, is very acceptable to us." "And," he continued, "as we had not before the least intention to consent to the introduction of any company over that our Colony, we are by it much confirmed in our resolution, as thinking it unfit to change a form of government wherein our subjects there ... receive much contentment and satisfaction".[328]

In the early years of Berkeley's administration the colony experienced another horrible Indian massacre. As in 1622 the blow came without warning. The cruel and barbarous war that followed the first massacre had long since come to an end and for many years there had been peace between the two races. It is true that the friendly relations that resulted from the marriage of Rolfe and Pocahontas had not been restored, that the Indians were not allowed to frequent the English settlements, that no weapons were sold them, but the peace was fairly well observed and there was no reason to suspect the savages of treachery.

The plot originated in the brain of Opechancanough. This remarkable savage was long supposed to have been the brother of Powhatan, but newly discovered evidence tends to show that this was not the case. It is known that he belonged to a foreign tribe that came from the far southwest. Having, it is supposed, been defeated in a battle with the Spaniards, he had led his people to Virginia and united them with the tribes under the command of Powhatan. This tremendous march must have consumed many months, and have been beset with countless dangers, but Opechancanough overcame them, and "conquered all along from Mexico" to Virginia.[329] He was now an extremely aged man. Being unable to walk he was carried from place to place upon a litter. His eyelids were so heavy that he could not of his own volition move them, and attendants stood always ready to raise them whenever it became necessary for him to see.[330] But his mind was clear, his force of will unshaken, and the Indians paid him the reverent obedience that his able leadership demanded.

Opechancanough planned the massacre for April 18th, 1644, and it was carried out upon that date with the utmost ferocity.[331] The slaughter was even greater than in 1622, and no less than five hundred Christians are said to have been destroyed.[332] But this calamity fell almost entirely upon the frontier counties at the heads of the great rivers, and upon the plantations on the south side of the James. The savages could not penetrate to the older and more populous communities of the lower peninsula. For this reason the disaster, horrible as it was, did not overwhelm the entire colony and threaten its destruction as had the massacre of 1622.

Another deadly war with the savages ensued immediately. Sir William Berkeley several times placed himself at the head of large expeditions and carried fire and destruction to many Indian villages.[333] As in the former war, the naked and poorly armed natives could not withstand the English, and, deserting their homes, they usually fled into the woods at their approach. And again the white men brought famine upon them by going out each year in the months of July and August to cut down their growing maize.[334] In order to protect the isolated frontier plantations the Governor ordered the people to draw together in fortified camps, strong enough to resist the assaults of a large body of the savages.[335] "He strengthened the weak Families," it was said, "by joining two or three ... together and Palizaded the houses about."[336]

Despite these wise measures the savages would probably have continued the war many years had not Opechancanough fallen into the hands of the English. The old king was surprised by Sir William Berkeley, and, because of his decrepitude, was easily captured.[337] He was taken in triumph to Jamestown, where the Governor intended to keep him until he could be sent to England and brought before Charles I. But a few days after the capture, a common soldier, in revenge for the harm done the colony by Opechancanough, shot the aged and helpless prisoner in the back.[338]

Soon after this event the Indians sued for peace. Discouraged and starving, they promised to become the friends and allies of the whites forever, if they would cease their hostility and grant them their protection. A treaty was drawn up and ratified by the Assembly and by the new Indian king Necotowance.[339] It provided that the savages should acknowledge the King of England as their sovereign and overlord; that Necotowance and his successors should pay as tribute "the number of twenty beaver skins at the goeing of the Geese yearly"; that all the land between the York and the James from the falls of both rivers to Kecoughtan should be ceded to the English; that all white prisoners and escaped negroes should be returned. In compensation the English agreed to protect the savages from the attacks of their enemies and to resign to them as their hunting ground the territory north of the York River.[340] This peace, which was most beneficial to the colony, was not broken until 1676, when the incursions of the wild Susquehannocks involved the native Virginia tribes in a new conflict with the white men.[341]

During the civil war that was at this time convulsing England most of the influential Virginia planters adhered to the party of the King. They were, with rare exceptions, members of the established church, and could have little sympathy with a movement that was identified with dissenters. If the triumph of Parliament was to bring about the disestablishment of the Church, or even the toleration of Presbyterians and Independents, they could not give them their support. Moreover, loyalty to the House of Stuart was strong in Virginia. The very remoteness of the planters from the King increased their reverence and love. They could not be present at court to see the monarch in all his human weakness, so there was nothing to check their loyal imaginations from depicting him as the embodiment of princely perfection. Nor had the wealthy families of the colony aught to anticipate of economic or political gain in the triumph of Parliament. Possessed of large estates, monopolizing the chief governmental offices, wielding a great influence over the Assembly and the courts, and looking forward to a future of prosperity and power, they could not risk their all upon the uncertain waters of revolution. Some, no doubt, sympathized with the efforts that were being made in England to limit the King's power of taxing the people, for the colony had always contained its quota of liberals, but the dictates of self-interest must have lulled them into quiescence. And the Governor, in this hour of need, proved a veritable rock of loyalty for the King. None that showed leanings towards the cause of Parliament could expect favors of any kind from Sir William Berkeley. Moreover, if they spoke too loudly of the rights of the people and of the tyranny of monarchs, they might find themselves under arrest and charged with treason.

But there was another faction in Virginia, composed largely of small planters and freedmen, which sympathized with the aims of their fellow commons of the mother country. Prominent among these must have been a small number of Virginia Puritans, who had for some years been subjected to mild persecution. The overwhelming sentiment of the colony had long been for strict uniformity in the Church "as neere as may be to the canons in England", and several statutes had been passed by the Assembly to suppress the Quakers and Puritans.[342] In 1642, Richard Bennett and others of strong Calvinistic leanings, sent letters to Boston requesting that Puritan ministers be sent to Virginia, to minister to their non-conformist congregations.[343] The New Englanders responded readily, despatching to their southern friends three ministers of distinction—William Thompson, John Knowles and Thomas James. Despite the laws against non-conformity these men anticipated little interference with their work and even brought letters of introduction from Governor Winthrop to Sir William Berkeley.[344] Little did they know the temper of the new Virginia Governor. So far from welcoming this Puritan invasion Berkeley determined to meet it with measures of stern repression. A bill was put through the Assembly requiring all ministers within the colony to conform to the "orders and constitutions of the church of England", both in public and in private worship, and directing the Governor and Council to expel all dissenters from the country.[345] Disheartened at this unfriendly reception, James and Knowles soon returned to New England, leaving Thompson to carry on the work. This minister, in defiance of the law, lingered long in Virginia, preaching often and making many converts.

Among those that embraced the Calvinistic tenets at this time was Thomas Harrison, formerly Berkeley's chaplain. Harrison seems to have regarded the massacre of 1644 as a judgment of God upon the colonists for their persecution of the Puritans. His desertion of the established Church aroused both the anger and the alarm of the Governor and in 1648 he was expelled from his parish for refusing to use the Book of Common Prayer. Later he left the colony for New England.

This persecution, although not severe enough to stamp out dissent in Virginia, could but arouse among the Puritans a profound dissatisfaction with the existing government, and a desire to cooeperate with their brethren of England in the great contest with the King. Although not strong enough to raise the Parliamentary standard in the colony and to seek religious freedom at the sword's point, the Puritans formed a strong nucleus for a party of opposition to the King and his Governor.

Moreover, in addition to the comparatively small class of Puritans, there must have been in the colony hundreds of men, loyal to the established church, who yet desired a more liberal government both in England and in Virginia. A strong middle class was developing which must have looked with sympathy upon the cause of the English Commons and with jealousy upon the power of the Virginia Governor and his Council. There is positive evidence that many poor men had been coming to Virginia from very early times, paying their own passage and establishing themselves as peasant proprietors. Wills still preserved show the existence at this period of many little farms of five or six hundred acres, scattered among the great plantations of the wealthy. They were tilled, not by servants or by slaves, but by the freemen that owned them. Depending for food upon their own cattle, hogs, corn, fruit and vegetables, and for the other necessities of life upon their little tobacco crops, the poor farmers of Virginia were developing into intelligent and useful citizens. They constituted the backbone of a distinct and powerful middle class, which even at this early period, had to be reckoned with by aristocracy and Governor and King.

This section of the population was constantly being recruited from the ranks of the indentured servants. The plantations of the rich were tilled chiefly by bonded laborers, brought from the mother country. So long as land was plentiful in Virginia the chief need of the wealthy was for labor. Wage earners could not supply this need, for the poor man would not till the fields of others when he could have land of his own almost for the asking. So the planters surmounted this difficulty by bringing workmen to the colony under indenture, to work upon their farms for a certain number of years. Many a poor Englishman, finding the struggle for existence too severe at home, thus surrendered for a while his liberty, that in the end he might acquire a share in the good things of the New World. After serving his master five or six years the servant usually was given his liberty and with it fifty acres of land and a few farm implements. Thus equipped, he could, with industry and frugality, acquire property and render himself a useful citizen in his adopted country. There can be no doubt that many hundreds of former servants, become prosperous, did unite with the free immigrants of humble means to form a vigorous middle class.

Nothing could be more natural than that the small farmers should regard Parliament as the champion of the poor Englishman at home and in the colony. They knew full well that if Charles should triumph over the Commons, his victory would mean greater power for their Governor, greater privilege for the wealthy planters. On the other hand, the King's defeat might bring increased influence to the middle class and to the Burgesses.

It is not possible to determine how numerous was the Parliamentary party in Virginia, but the faction was powerful enough to cause serious apprehension to the loyalists. So bitter was the feeling that fears of assassination were entertained for Sir William Berkeley, and a guard of ten men was granted him. We are "sensible", declared the Assembly, in 1648, "of the many disaffections to the government from a schismaticall party, of whose intentions our native country of England hath had and yet hath too sad experience".[346]

But the commons of Virginia were not prepared to raise the standard of revolt. They must have lacked organization and leaders. Most of the aristocracy and wealth of Virginia was arrayed against them, while the government was in the hands of a man noted for his passionate attachment to the Throne. The Parliamentary party must have felt it best to await the event of the struggle in England, pinning their hopes upon the success of their comrades there. But even after Parliament had won the victory, after the King had been executed, they were not strong enough to overthrow Berkeley's government and force Virginia into obedience to the Commonwealth.

The news of the death of Charles I filled the royalists of Virginia with grief and anger. It seemed to them that the cause of law and order and religion in the unhappy kingdom had fallen with their monarch. Moreover, they could but expect the victorious party, after settling all at home, to extend their arms to the little colony and force upon them a reluctant obedience to the new government. But the intrepid Berkeley was determined never to submit until compelled to do so by force of arms. Charles II was proclaimed King. The Assembly was called together and a law enacted declaring it high treason to question, even by insinuation, the "undoubted & inherent right of his Majesty ... to the Collony of Virginia, and all other his majesties dominions".[347] The Assembly referred to Charles I in terms of reverence and affection, as their late blessed and sainted King, and, unmindful of consequences, denounced his executioners as lawless tyrants. For any person to cast dishonor or censure upon the fallen monarch, or to uphold in any way the proceedings against him, or to assert the legality of his dethronement, was declared by the Assembly high treason. "And it is also enacted," they continued, "that what person soever, by false reports and malicious rumors shall spread abroad, among the people, any thing tending to change of government, ... such persons, not only the authors of ... but the reporters and divulgers thereof, shall be adjudged guilty."[348]

Even before the news of these events reached England, Sir William had aroused the anger of Parliament by his persecution of the Puritans. Some of the people of Nansemond county had written, complaining of the banishment of Mr. Harrison, whom they described as an able minister and a man of splendid character. The English Council wrote Berkeley commanding him to restore Mr. Harrison to his parish. "Wee know," they said, "you cannot be ignorant that the use of the common prayer book is prohibited by the parliament of England."[349] And when they learned that the colony had refused to acknowledge the Commonwealth, and still adhered to the House of Stuart, they were determined to punish the Virginians for their temerity. Since it would be exceedingly inconvenient at this time of uncertainty and change to send an expedition across the Atlantic, it was decided to bring the colonists to their senses by cutting off their foreign trade. An act was passed by Parliament in October, 1650, declaring that since the colony had been settled by the English at great cost to the nation, it should rightly be under the authority of the present government; that divers persons in Virginia had committed open treason, "traytorously by force and Subtilty" usurping the government and defying the Commonwealth; and in order to repress speedily the rebellious colonists and to inflict upon them a merited punishment, they were to be forbidden all "Commerce or Traffique with any people Whatsoever". The full force of the English navy was to be used in carrying out this act, and all commanders were directed to seize and bring in foreign vessels found trading with the colony. No English ships were to sail for Virginia without special license from the Council of State.[350]

This was a dire threat indeed. To cut off all commerce with England and foreign countries would bring utter ruin upon the planters, for their tobacco crop would then be without a market. Even now, however, the Governor did not falter in his loyalty. He felt, no doubt, that Parliament would have difficulty in enforcing this act, and he looked to the Dutch merchantmen to take off the tobacco.

Before an Assembly called together in March, 1651, Berkeley delivered an address ringing with defiance of Parliament "Gentlemen," he said, "you perceave by the Declaration that the men of Westminster have set out, ... how they meane to deale with you hereafter.... Indeed me thinks they might have proposed something to us which might have strengthened us to beare those heavy chaines they are making ready for us, though it were but an assurance that we shall eat the bread for which our owne Oxen plow, and with our owne sweat we reape; but this assurance (it seems) were a franchise beyond the Condition they have resolv'd on the Question we ought to be in: For the reason why they talk so Magisterially to us is this, we are forsooth their worships slaves, bought with their money and by consequence ought not to buy, or sell but with those they shall Authorize with a few trifles to Coszen us of all for which we toile and labour.... The strength of their argument runs onely thus: we have laid violent hands on your Land-lord, possessed his Manner house where you used to pay your rents, therefore now tender your respects to the same house you once reverenced.... They talke indeed of money laid out in this country in its infancy. I will not say how little, nor how Centuply repaid, but will onely aske, was it theirs? They who in the beginning of this warr were so poore, & indigent, that the wealth and rapines of three Kingdomes & their Churches too cannot yet make rich."

The Governor then began an impassioned appeal to the Assembly to remain firm in their loyalty to the Crown. "Surely Gentlemen," he cried, "we are more slaves by nature, than their power can make us if we suffer ourselves to be shaken with these paper bulletts, & those on my life are the heaviest they either can or will send us.... You have heard under what heavy burthens the afflicted English Nation now groans, and calls to heaven for relief: how new and formerly unheard of impositions make the wifes pray for barrenness and their husbands deafnes to exclude the cryes of their succourles, starving children.... Consider your selves how happy you are and have been, how the Gates of wealth and Honour are shut to no man, and that there is not here an Arbitrary hand that dares to touch the substance of either poore or rich: But that which I woud have you chiefly consider with thankfullnes is: That God hath separated you from the guilt of the crying bloud of our Pious Souveraigne of ever blessed memory: But mistake not Gentlemen part of it will yet stain your garments if you willingly submit to those murtherers hands that shed it; I tremble to thinke how the oathes they will impose will make those guilty of it, that have long abhor'd the traiterousnesse of the act.... Gentlemen by the Grace of God we will not so tamely part with our King, and all these blessings we enjoy under him; and if they oppose us, do but follow me, I will either lead you to victory, or lose a life which I cannot more gloriously sacrifice then for my loyalty, and your security."[351]

When the Governor had completed his appeal the obnoxious act of Parliament was read aloud. The Assembly then passed a series of resolutions, reiterating their loyalty to the Crown, denouncing the Commons as usurpers and regicides, and defending themselves against the charge of treachery and rebellion. They had, they declared, adhered always to the "Lawes of England", which enjoined upon them the oaths of allegiance and supremacy, and they refused now, at the bidding of Parliament, to break their word by renouncing their King. They could not be expected to give passive obedience to every party that possessed themselves of Westminster Hall, where the heads of divers factions had followed each other in quick succession. They had been accused of usurping the government of the colony, but their records would show that they had never swerved from their allegiance. And it ill became the Parliament that had overthrown the English constitution to bring such accusations. Finally, they declared, "we are resolv'd to Continue our Allegeance to our most Gratious King, yea as long as his gratious favour permits us, we will peaceably trade with the Londoners, and all other nations in amity with our Soveraigne: Protect all forraigne Merchants with our utmost force in our Capes: Allwaies pray for the happy restoration of our King, and repentance in them, who to the hazard of their soules have opposed him."[352]

As Berkeley had foreseen, the English found it impossible to enforce a strict blockade. The government could not spare war vessels enough to close the Virginia capes, and foreign merchantmen continued to sail unmolested into the James and the York, bringing goods to the planters and taking off their tobacco. Indeed the Dutch took advantage of this quarrel between colony and mother country to extend their American trade at the expense of the English merchants. The Council of State was soon made to realize by the complaints that poured in from the London shippers, that the "Blockade Act" was injuring England more than the refractory colony.

At this moment, several leaders of the Virginia Parliamentary party came to the Council at Westminster and represented to it the necessity of fitting out an expedition to overthrow the Berkeley government. They could plead that the blockade had proved ineffective, that the honor of the Commonwealth demanded the prompt subjection of the impudent Governor, that the cooeperation of the Virginia commons would make the task easy. Nor could they omit to remind the Councillors that it was their duty to bring relief to their fellow Puritans of Virginia.

At all events the Council, seeing the necessity of prompt action, sent forth a well armed expedition under the command of Captain Robert Denis to subdue both the Barbadoes and Virginia. But wishing to avoid, if possible, open hostilities, at the same time they sent commissioners to treat with the colonists and persuade them to submit peaceably to the Commonwealth. The Council of State evidently expected active assistance from the Parliamentary party in the colony in these efforts to establish the new political order, for they gave directions to the commissioners to raise troops in the plantations, to appoint captains and other officers, and to guarantee freedom to all servants that volunteered to fight with the Commonwealth forces. They were given power to grant pardon to all that submitted, making such exceptions as they thought proper, and were directed to establish a new government in accord with the present constitution of England.

When, in the spring of 1652, the British fleet sailed up the James river, Captain Denis found the intrepid Berkeley prepared for a strenuous resistance. With the guns of the warships approaching his capital, with English soldiers ready for a landing, with a strong party in the colony in sympathy with the invaders, he might well have despaired. Resistance would certainly entail enormous misfortunes upon the colony—bloodshed, devastation, civil strife—and success could be but temporary. Should he beat off the present expedition, others too powerful to be resisted would undoubtedly follow, and the punishment of the colony would be but the more severe.

Yet the Governor did not falter. He called around him the full strength of the colonial militia, posted them to good advantage, and himself took active command. Several Dutch vessels that had been trading in the James were pressed into service, filled with men and moored in close to Jamestown, with their guns trained upon the approaching enemy. Behind them were several land batteries. The whole made an imposing appearance, and might well have given apprehension to the invaders.

Fortunately, however, the threatened conflict was averted by the persuasion of the Parliamentary commissioners. These men, anxious to avoid civil war, availed themselves of the authority given them by the Council of State, to offer very lenient terms of surrender. Some of them seem to have preceded the fleet to Virginia, to consult with their friends and to formulate plans to render the Governor's resistance ineffectual. It is not improbable that these efforts were seconded by some of the most prominent men of the colony. Two members of the Council itself, it is said, who possessed goods of great value upon vessels in the fleet, received warning that their property would be at once confiscated, if they gave their support to the Governor. They therefore were constrained to advocate submission. With division in the ranks of the colonists and with the invaders ready for action, even Berkeley was at last forced to give way and consent to a capitulation.

The terms of surrender were drawn up at Jamestown and agreed to by the commissioners on the one hand, and by the Governor, Council and Burgesses on the other. It was agreed first, that Virginia should acknowledge its due allegiance to the Commonwealth of England, and "to the lawes there established". This submission, it was declared, was "a voluntary act, not forced nor constrained by a conquest upon the country".[353] It was also stipulated "that the people of Virginia have free trade as the people of England do enjoy to all places and with all nations according to the lawes of that commonwealth". Even more interesting was the agreement "that Virginia shall be free from all taxes, customs and impositions whatsoever, and none to be imposed on them without consent of the Grand Assembly, and soe that neither fforts nor castles bee erected or garrisons maintained without their consent". When these terms of surrender were reported to the English government, Parliament thought that the commissioners had been too liberal in their concessions, and some of the articles were not ratified.

The commissioners granted full pardon and indemnity for all "acts, words or writeings done or spoken against the parliament" and any persons refusing to take the oath of allegiance to the new government were given "a yeares time ... to remove themselves and their estates out of Virginia". The use of the Book of Common Prayer was permitted for one year in the parishes that so desired, and no ministers were deprived of their charges or their livings.[354]

Separate articles were drawn up between the commissioners and the Governor and Council. Neither Berkeley nor the Councillors were to be compelled, during the ensuing twelve months, to take the oath of allegiance. They were not to be censured for speaking well in private of the King. They were given leave to sell all their property and to quit the country without molestation. They were permitted to send a message to Charles II, giving an account of the surrender.[355]

The commissioners were now confronted with the all-important task of establishing a new government. They had been given power by the Council of State to hold an election of Burgesses granting the franchise to all who had taken the oath of allegiance. Feeling, doubtless, a reluctance to assume the entire responsibility of moulding a new constitution, they resolved to wait until the Burgesses assembled and to consult with them in all their measures. The election was held without delay, and the members were sworn in on April 26th, 1652.

The Burgesses and the commissioners then entered upon a long and serious debate concerning "the settling and governing of Virginia".[356] The English Council had not, it would seem, given specific directions in regard to this work, so the members of the little constitutional convention were practically at liberty to do what they chose. Realizing, however, that all might be changed if it proved unsatisfactory to Parliament, they proceeded cautiously. Their chief concern was to establish a tentative government that would prevent present confusion and could later be perfected by the Council of State. It so happened, however, that the English, amid the confusion of the times, neglected to attend to this matter, and the work of the convention remained essentially unaltered throughout the Commonwealth period.

The House of Burgesses, since it had been officially recognized by the Council of State, was made the chief governing body of the colony. Except for the veto of the English government its power was to be unlimited. It was to elect the Governor and to specify his duties. If his administration proved unsatisfactory it might remove him from office. The Burgesses were also to elect the Council, to prescribe its functions and limit its power. This proud body, which had formerly been so powerful, was now to exist only on the suffrage of the House. It was even debated whether Councillors should be admitted to membership in the General Assembly. The appointment of all officials was also to "appertain to the Burgesses, the representatives of the people", but it was agreed that for the present most of the first nominations should be left to the Governor and the commissioners.[357]

Thus did Virginia become in all but name a republic. In England, the long cherished hope of the patriots for liberty was to be disappointed by the usurpation of Oliver Cromwell, and the victory of Parliament over the stubborn Charles was to result only in the substitution of one despot for another. But the commons of Virginia, although they had played an insignificant role in the great drama of the times, were to reap the reward which was denied their cousins of England. Their government for the next eight years was to be truly representative of the people. Nor did the English government often interfere with their affairs. Busy with his numerous wars and with the cares of administration, the Protector never found time to acquaint himself thoroughly with what was happening in Virginia. In 1653, and again in 1658, Cromwell promised to make some definite regulations for the government of the colony, but he was interrupted on each occasion before he could put his resolutions into effect. That it was his intention, however, to keep the appointment of the Governor in his own hands seems certain. In 1654 the Assembly received word that his Highness had decided then to continue Colonel Bennett, of whose good character he had heard, in the execution of his office, until he could further signify his pleasure. In 1657, the Council of State requested Cromwell to appoint some person to go to Virginia as its Governor, but this he failed to do.[358] With the exception of such spasmodic interruptions as these, and the partial enforcement of the Navigation Acts, the colony was left almost to its own devices throughout the Commonwealth period.

By the unanimous vote of the commissioners and the Burgesses Mr. Richard Bennett was made Governor. This choice must have been satisfactory both to the English government and the Parliamentary party in the colony. Mr. Bennett had been one of the few prominent Virginia Puritans and had left the colony during the persecution of dissenters by Sir William Berkeley. As a member of the commission he had been instrumental in bringing about the surrender and saving the colony from civil war. It was agreed that he should serve for one year, "or untill the next meeting of the Assembly", but as his administration proved most satisfactory he was continued in office by Cromwell until March 31st, 1655.[359]

The new government, however, was not to be established entirely without disorder and strife. In the interval between the surrender and the assembling of the Burgesses affairs on the Eastern Shore assumed a threatening aspect. The people of Northampton, many of whom seem formerly to have been favorable to the Commonwealth, became ill affected to the new regime, even before it was well begun. A number of things conspired to bring about this change. Among the inhabitants of Northampton were a number of Dutch who had settled there during the preceding decade. When war broke out between Holland and England in 1652 it was rumored that these people were conspiring with the Indians to bring about another massacre in Virginia. Groundless as these suspicions were, they infuriated the English and caused grave fears for the safety of the Dutch planters. When the justices of the peace took precautions to protect the unfortunate foreigners their action caused discontent and bitterness against the new government. Moreover, the Navigation Acts, recently passed by Parliament, restricting foreign trade would, if enforced, prove especially damaging to the people of the Eastern Shore. Finally, Northampton had not been represented in the Assembly since 1647, except for one Burgess in 1651, and the belief had sprung up that the county was to become independent of the government at Jamestown. For various reasons, therefore, Northampton was hostile to the government. And when the Parliamentary commissioners imposed upon them a tax of forty-six pounds of tobacco per poll, the people of the county voiced their anger in no uncertain terms, and selected a committee of six to draw up a statement of their grievances and present it to the new Assembly.

"Wee," they protested, "the Inhabitants of Northampton Countie doe complanye that from tyme to tyme wee have been submitted & bine obedient unto the paymt of publeq taxacons. Butt after ye yeare 1647, since yt tyme wee Conceive & have found that ye taxes were very weightie. But in a more espetiall manner ... the taxacon of fforty sixe pounds of tobacco p. poll (this present yeare). And desire yt ye same bee taken off ye charge of ye Countie; furthermore wee alledge that after 1647, wee did understand & suppose or Countie or Northampton to be disioynted & sequestered from ye rest of Virginia. Therefore that Llawe wch requireth & inioyneth Taxacons from us to bee Arbitrarye & illegall; fforasmuch as wee had neither summons for Ellecon of Burgesses nor voyce in their Assemblye (during the time aforesd) but only the Singular Burgess in September, Ano., 1651. Wee conceive that wee may Lawfullie ptest agt the pceedings in the Act of Assemblie for publiq Taxacons wch have relacon to Northmton Countie since ye year 1647."[360]

Thus early in the history of the colony was enunciated the principle that taxation without representation is unjust and illegal. The men of Northampton do not speak of the doctrine as something new, but as a thing understood and recognized. Certain it is that the people of Virginia, in all periods of their colonial history, realized the vast importance of confining the power of taxation to their own Assembly.

But the leaders of the new government did not receive the petition with favor. They were willing to give Northampton her due quota of Burgesses, but they were angered at the suggestion of separation. Moreover, the disorders on the Eastern Shore became more pronounced and the justices were compelled to seek aid from the Council in protecting the Dutch. In June, 1653, the turbulent people met and, amid scenes of disorder, denounced the action of the authorities. When a voice from the crowd cried out that the justices were a "company of asses and villyanes", the people roared out their approval. The Assembly, at its meeting in June, 1653, was forced to take active steps to suppress the agitation and to restore order upon the peninsula. Mr. Bennett with several members of the Assembly, was sent to Northampton, "for the settlement of the peace of that countie, and punishinge delinquents". In this he seems to have been entirely successful, for we hear no more of disorders upon the Eastern Shore during this period.[361]

When the commissioners and the Burgesses, in 1652, established anew the gubernatorial office, they were somewhat vague in defining the duties belonging to it. They first declared that Mr. Bennett was to exercise "all the just powers and authorities that may belong to that place lawfully".[362] But that it was not their intention to give the new officer the prerogatives enjoyed by the royal Governor is shown by their further statement that he was to have such power only as should be granted him from time to time by the Assembly.[363] This lack of clearness led, quite naturally, to several clashes between the legislative and executive branches of the government.

At the session of Assembly of July, 1653, the Burgesses showed that they would brook no interference from the Governor with their affairs. On the eve of the election of the Speaker, they received a message from Mr. Bennett and the Council advising them not to choose a certain Lieutenant-Colonel Chiles. Although it was clearly shown that this gentleman could not serve with propriety, the Burgesses gave him the election, merely, it would seem, as a rebuke to the presumption of the Governor.[364]

Edward Digges, who succeeded Mr. Bennett, seems to have had no clash with the Assembly, but during the next administration, when Samuel Matthews was Governor, the executive made a determined effort to break the power of the Burgesses. At the session of 1658, the Governor and the Council sent a message to the Assembly declaring that body dissolved.[365] This move startled the Burgesses. The royal Governors had always possessed the right of dissolving the House, but no such authority had been delegated to the new executive. Moreover, it was inconsistent with the theory, upon which everyone had acted since the surrender in 1652, that all power resided in the representatives of the people. "The said disolution," replied the House, "as the case standeth is not presidentall neither legall according to the lawes, now in force, Therefore wee humbly desire a revocation of the said declaration."[366]

Although the Burgesses replied thus courteously they were deeply angered. Rightly judging this to be a challenge to their power, they resolved to show once more that they were supreme in the government. They voted, therefore, to ignore the dissolution. And it was ordered that if any member left his seat he was to be censured "as a person betraying the trust reposed in him by his country".[367] An oath of secrecy was administered to all present, while the Speaker was directed to "sign nothing without the consent of the major part of the house".

Staggered by the determined attitude of the Burgesses, the Governor and Council at once showed signs of weakening. They were willing, they said, to allow the Assembly to continue its deliberations, provided the work were brought to a speedy conclusion. The "dispute of the power of disolving and the legality thereof" they wished to refer to the Lord Protector. But the House resolved unanimously that this answer was unsatisfactory. The withdrawal of the dissolution was not enough, the Governor and Council must acknowledge that their act was illegal and therefore had never taken effect. "The House, unsatisfied with these answers, appointed a committee to draw up a report for the manifestation and vindication of the Assembly's power which after presentation to the House to be sent to the Governour and Councell."[368] This committee recommended the immediate dismissal of the Council, and proposed resolutions declaring the "power of government to reside in such persons as shall be impowered by the Burgesses (the representatives of the people) who are not dissolvable by any power now extant in Virginia, but the House of Burgesses". Upon receiving this report the House proceeded to annul "all former election of Governour and Councill". Since the executive had presumed to abuse its authority by defying the body that had appointed it to office, it must be removed to evince to all the supremacy of the House. The Burgesses seem not to have laid the blame for this crisis upon the Governor, but upon some of the Councillors, who were endeavoring to make their own power supreme in the government. Colonel Matthews was, therefore, reelected, and invested with "all just rights and privileges belonging to the Governour and Captain Generall of Virginia".[369]

Fearing that the Council might offer resistance to their decrees, the Burgesses commanded the serjeant-at-arms of the Assembly and the sheriffs of James City county not to execute any warrant, precept or command from any other person than the Speaker of the House. The Secretary of State, Colonel William Claiborne, was directed to deliver up the public records. But the Governor and Council seem not to have thought of resistance, and submitted to the recall and to a new election by the Assembly. Although they had just resolved that "for the future none bee admitted a councellor but such who shall be nominated, appointed and confirmed by the house", the Burgesses now allowed the Governor to propose to them a list of names for the new Council. It would seem that Nathaniel Bacon and Francis Willis were regarded as the instigators of the dissolution, for they were the only members of the Council which had signed the offensive order who were not now reelected.[370]

When the Assembly met again, in March, 1659, it found that its supremacy was once more threatened. A letter had been received from Henry Lawrence, President of the Council of State in the home government, which seemed to imply that the Governor and his Council and not the Burgesses, were to hold the chief power in Virginia. Lawrence declared that the "looseness" of affairs in the colony had induced Cromwell to take active steps for the settlement of its constitution, but that these measures had been brought to a sudden halt by the Lord Protector's death. The matter was, however, still before the Council of State, and the colony might soon expect some definite orders from its deliberations. In the meanwhile, he wrote, "their Lordships do will and require you the present Governour and Councill there to apply yourselves ... to the peaceable and orderly management of the affairs of that collony, according to such good lawes and customes as have been heretofore used and exercised among you".[371]

The Burgesses were deeply agitated by this letter. They at once passed resolutions promising to obey the commands of the Council of State, but they determined to write the new Lord Protector, Richard Cromwell, asking that the privileges of the Burgesses be confirmed. In this crisis the Governor gave striking evidence of his liberal inclinations by coming before the House to promise them his support. "He acknowledged the supream power of electing officers to be by the present lawes resident in the Grand Assembly", and offered to "joyne his best assistance with the countrey in makeing an addresse to his Highnesse for confirmation of their present priviledges".[372]

In the meanwhile an act was prepared making some important changes in the constitution, but confirming the power of the Burgesses. It was proposed, first, that Colonel Matthews "bee the Governour and Captain Gennerall of Virginia for two yeares ensueing, and then the Grand Assembly to elect a Governour as they think fitt, the person elect being then one of the Councell". The personnel of the Council was to remain unchanged and for the future its members were to serve for life, "except in case of high misdemanors". Lastly the Governor was to have the privilege of nominating the Councillors, but the Burgesses could confirm or reject at their discretion.[373] The Council at first assented to these proposals, "till the pleasure of his Highness be further signified", but later, it seems, they "expressly declined the said act", and declared the Assembly dissolved.[374] Whether or not the Burgesses submitted to this dissolution and left the Governor and Council to govern the colony as they chose, does not appear. It is quite probable that the executive, in the interval between the sessions of Assembly of March 1659 and March 1660, based its right to rule, not upon the commission of the Burgesses, but upon the authority given it in Lawrence's letter.

In May, 1659, Richard Cromwell resigned the reigns of government, and England was left a prey to confusion and uncertainty. The Virginians did not know to what government to give their allegiance. None could tell whether military despotism would be established in England, or another Cromwell would arise, or the House of Stuart be restored. To add to their troubles, in January, 1660, Colonel Matthews died, leaving them without a Governor. March 13th, the Assembly convened.

The Burgesses at once took steps to reestablish their questioned prerogatives. An act was passed declaring that "whereas by reason of the late frequent distractions there being in England noe resident absolute and gen'll confessed power; Be it enacted and confirmed, That the supreame power of the government of this country should be resident in the Assembly, And that all writts issue in the name of the Grand Assembly of Virginia, until such a comand and comission come out of England as shall be by the Assembly adjudged lawfull".[375]

Their next care was to elect a new Governor. Strangely enough their choice fell upon that staunch advocate of royalty, Sir William Berkeley. When the surrender had been made to the parliamentary commissioners in 1652, the Governor had secured for himself the right to quit the colony any time within the ensuing year. But circumstances had prevented his sailing during this period, and later he resolved to remain in Virginia. During the eight years of the Commonwealth period he had lived in retirement, obedient to the new government, but longing for the restoration of the Stuarts. Why he was now called forth by the Assembly to take once more the most important office in Virginia, cannot be certainly determined. It seems strange that the Burgesses in one act should assert their own sovereignty in the most emphatic terms, and in the next elect as their Governor this ardent servant of the Crown. If it had been their only aim to choose a leader of executive ability, they did not lack men of power and experience whose love of popular government was unquestioned. Berkeley had in his first administration ruled justly and well, but there is no reason to think that Virginia had been more prosperous and happy under him than under the Commonwealth Governors. It seems then most probable that the Assembly was actuated in its choice by an apprehension that the monarchy might be restored. If the English should invite Charles to reclaim his lost inheritance, it would be of much advantage to the colony to have at its head the former royal Governor. It would make the restoration in Virginia easy and peaceful, for the staunchest republican would not dare resist, with Charles II on his throne and Sir William Berkeley ruling at Jamestown. Moreover, it could but please the King and recommend the colony to his favor. On the other hand, the Assembly was careful to reserve all real authority to itself. Sir William was to be its servant, not its master. If, out of the confusion in England, should emerge a real republic, they could force the Governor either to acknowledge the new power or to resign his commission. In fact the office was at first proffered him only upon condition that he would submit to any power, whatever it might be, that succeeded in fixing itself over the English people.[376]

But to this requirement Berkeley would by no means consent. He was willing, during the present interregnum, to hold office from the people of Virginia, but never from any English power save that of the Crown. In an address to the Assembly, outlining his conduct during the troubles of the past eleven years, he made it quite clear that his sympathies had undergone no change. "When I came first into this Countrie," he said, "I had the Commicon and Commands of my most gracious master King Charles of ever blessed memory.... When God's wrath lay heavie upon us for the sins of our nation, my ever honoured Master was put to a violent death, and immeadiately after his Royall Sonne ... sent me a Commicon to governe here under him.... But the Parliament, after the defeat at Worcester, (by the instigation of some other intent) sent a small power to force my submission to them, which finding me defenceless, was quietly (God pardon me) effected. But this parliament continued not long after this, but another supream power outed them, whoe remained not long neither, nor his sonne after him.... And now my intelligence is not enough to tell me what incorporate, mixt, or individuall power there is.... Under all these mutable governments of divers natures and constitutions, I have lived most resigningly submissive: But, Mr. Speaker, it is one duty to live obedient to a government, and another of a very different nature to Command under it.... You have, Mr. Speaker, with great wisdome and providence taken care of my obedient prostrating to the Supreame power the authoritie you would entrust me with, for which I give you my humble thanks; for this wisdome of yours hath animated my caution of assumeing this burden, which is so volatile, slippery and heavy, that I may justly feare it will breake my Limbs." It might be thought by some, he said, that the emergency would excuse his accepting this authority, but the King would judge him, and if his information were prejudiced, his punishment might be severe. He did not fear death, he was too old for that, but an imprudent, criminal death he abhorred. In conclusion he declared that these and other considerations must dissuade him from accepting the proffered office.

But the Assembly persisted in its determination to make him Governor. If he scrupled to promise to serve under the enemies of the Crown, that promise would not be required of him. Let him be Governor of Virginia, by their authority only, and only so long as the confusion in England continued. If a new Protector, or a new Commonwealth gained the ascendency, and demanded Virginia's submission, he might resign. If England returned to its obedience to the Throne, he could petition the King for a new commission. To this Berkeley assented. "Wee have all," he said, in another short address, "had great and pressing feares of offending a Supreame power which neither by present possession is soe, nor has a publiquely confessed politique capacity to be a Supream power. I alsoe, Mr. Speaker, have my pressing feares too, and I am seriously afraid to offend him, who by all Englishmen is confessed to be in a naturall politique capacity of being a Supreame power." He therefore, he said, made this declaration in the presence of God, that if any government became fixed in London, he would immediately lay down his commission. When this was recorded and they were still of the same mind, he was ready most thankfully to serve them.[377]

Thus did Sir William Berkeley a second time become Governor of Virginia. It must have been with trepidation that this man, who had so often denied the right of any officer to serve save by the King's commands, accepted now this commission from the hands of the people. The stern hater of republicanism was becoming the head of an independent little republic. For such Virginia was and must continue to be until there should appear in England some fixed government to which it could submit. "I am," Berkeley wrote Governor Stuyvesant of New Amsterdam, "but a servant of the assembly's; neither do they arrogate any power to themselves, further than the miserable distractions of England force them to. For when God shall be pleased in his mercy to take away and dissipate the unnatural diversions of their native country, they will immediately return to their own professed obedience."[378]

The restoration of the monarchy took place May 29th, 1660. When the news reached Virginia some weeks later, the people accepted the change without opposition, and probably with relief, for they were weary of uncertainty and confusion. Berkeley's unaffected joy was mingled with a deep apprehension that the King might be angered at his accepting office without his consent. But Charles was not so unmindful of his staunch support at a time when the fortunes of the monarchy were at their lowest ebb as to reproach him for this act, which might, and probably did, redound to his advantage. He soon relieved the Governor's fears by sending a new commission. In a passion of joy and gratitude Berkeley wrote his thanks. "I ... doe most humbly throwe myselfe at your Ma'ties feet," he said, "in a dutifull thankfullness to your Majestie, that you yett think me worthy of your Royall Commands. It is true, ... I did something, which if misrepresented to your Majestie, may cause your Majestie to think me guilty of a weakness I should ever abhor myself for. But it was noe more ... than to leape over the fold to save your Majesties flock, when your Majesties enemies of that fold had barred up the lawfull entrance into it, and enclosed the Wolves of Scisme and rebellion ready to devour all within it. Nor did I adventure on this, without the advice and impulsion of your Majesties best Subjects in these parts.... I always in all conditions had more fear of your Majesties ffrownes than the Swords or Tortures of your Enemies."[379]

And so the Commonwealth period in Virginia came to an end. The colony had benefited greatly by the eight years of semi-independence and self-government. The population had increased rapidly. In 1649, there had been about 15,000 people in Virginia, while six years after the Restoration, the Governor estimated their number at 40,000. This great gain was due chiefly to accelerated immigration from England. The overthrow and execution of the King had sent many of his followers to seek shelter with Sir William Berkeley, others had come to escape the confusion and horrors of civil war, while the numerous prisoners taken in battle had furnished abundant material for the never-ending stream of indentured servants. Gentleman and tradesman and laborer alike were welcome, for land was abundant and the colony's only need was men. Nor was prosperity yet strangled by the strict enforcement of the Navigation Acts. Dutch vessels continued to sail through the capes in defiance of England and to carry off the planters' tobacco. Not until the closing years of the Commonwealth period did the increasing freight rates and the decreasing price of tobacco indicate that the "Hollanders" were being more strictly excluded.[380]

Equally important was the training received by the people in self-government. For eight years they had been their own masters, enacting such laws as they chose, and free from the restraining hand of the King. There had been no royal Governor to veto their bills, or threaten the Burgesses, or intimidate the voters, or overawe the Council, or sway the courts of justice. And the experience was priceless. It schooled them in governmental affairs and taught them self-reliance, patience and stubbornness to oppose oppression. Having tasted the sweets of freedom, they were ill prepared ever again to tolerate injustice and misgovernment. If there had been no Commonwealth period in Virginia, possibly there had never been a Bacon's Rebellion.

FOOTNOTES:

[314] Report of Commission on Hist. Manuscripts. 3.

[315] Hen., Vol. I, p. 235.

[316] P. R. O., CO1-20.

[317] Hen., Vol. I, pp. 236, 237.

[318] Hen., Vol. I, pp. 236, 237.

[319] Hen., Vol. I, p. 237.

[320] Hen., Vol. I, p. 356.

[321] Hen., Vol. I, p. 244.

[322] Hen., Vol. I, p. 263.

[323] Hen., Vol. I, p. 265.

[324] Hen., Vol. I, p. 267.

[325] Hen., Vol. I, pp. 280, 281.

[326] Hen., Vol. I, p. 230.

[327] Hen., Vol. I, p. 231.

[328] Va. Hist. Reg., Vol. I, p. 160.

[329] P. R. O., CO5-1371-6 to 16.

[330] Beverley.

[331] The Assembly, in 1645, ordered that the 18th of April be celebrated ever afterwards for the deliverance of the colony from the savages. Hen., Vol. I, p. 290. The year is fairly well determined by the fact that mention of an Indian war occurs for the first time, during this period, in the statutes of the session of Assembly of October, 1644. Hen., Vol. I, p. 285.

[332] Beverley.

[333] P. R. O., CO1-30-71; CO1-41-111.

[334] P. R. O., CO5-1371-6 to 16.

[335] CO5-1371-6 to 16.

[336] CO5-1371-6 to 16.

[337] P. R. O., CO1-41-111.

[338] Beverley.

[339] Hen., Vol. I, p. 323.

[340] Hen., Vol. I, p. 323.

[341] P. R. O., CO1-30-71.

[342] Hen., Vol. I, p. 123, 149, 277.

[343] Bruce, Inst. Hist., Vol. I, p. 254.

[344] Bruce, Inst. Hist., Vol. I, p. 254.

[345] Hen., Vol. I, p. 277.

[346] Hen., Vol. I, p. 355.

[347] Hen., Vol. I, p. 360.

[348] Hen., Vol. I, p. 361.

[349] Sp. Dom. Inter., 1-94.

[350] Scobell, Vol. II, p. 132.

[351] Va. Mag., Vol. I., p. 77.

[352] Va. Mag., Vol. I, pp. 75 to 81.

[353] Hen., Vol. I, p. 363.

[354] Hen., Vol. I, pp. 363-365.

[355] Hen., Vol. I, pp. 365-367.

[356] Hen., Vol. I, p. 371.

[357] Hen., Vol. I, pp. 371, 373.

[358] Sp. Dom. Int., 1-75; Hen., Vol. I, p. 510; Bruce, Inst. Hist., Vol. II, p. 302.

[359] Hen., Vol. I, pp. 371, 408.

[360] Wise, p. 139.

[361] Hen., Vol. I, p. 371.

[362] Wise, pp. 114, 115; Hen., Vol. I, p. 380.

[363] Hen., Vol. I, p. 372.

[364] Hen., Vol. I, pp. 377, 378.

[365] Hen., Vol. I, p. 499.

[366] Hen., Vol. I, p. 499.

[367] Hen., Vol. I, p. 500.

[368] Hen., Vol. I, p. 501.

[369] Hen., Vol. I, pp. 502, 503.

[370] Hen., Vol. I, pp. 499, 505.

[371] Hen., Vol. I, p. 510.

[372] Hen., Vol. I, p. 512.

[373] Hen., Vol. I, p. 517.

[374] Hen., Vol. I, p. 537.

[375] Hen., Vol. I, p. 530.

[376] Southern Lit. Mess., Jan. 1845.

[377] Southern Lit. Mess., Jan. 1845.

[378] Campbell, p. 74.

[379] Southern Lit. Mess., Jan., 1845.

[380] Bruce, Ec. Hist., Vol. I, pp. 357-360.



CHAPTER V

THE CAUSES OF BACON'S REBELLION

There were many who hailed the restoration of the monarchy as the dawn of an era of prosperity and happiness for Virginia. The colony, despite the efforts of some of its people, had remained loyal to the Crown until overpowered by force of arms. It might well expect especial favor and care from its prince, now that he was firmly established upon his throne.[381] Of the ability and justice of the Governor Virginia had had ample experience during the ten years of his first administration.

Never was a people doomed to more bitter disappointment. The years which followed the Restoration were crowded with misfortunes greater than any that had befallen the colony since the ghastly days of the Great Sickness. Charles II, far from showing gratitude to his Old Dominion, overwhelmed it with injustice and oppression. The Virginians were crushed with tremendous duties on their tobacco and with ruinous restrictions upon their trade. The titles to their plantations were threatened by a grant of the entire colony to two unworthy favorites of the King. Governor Berkeley, embittered by the humiliation of the Commonwealth period, and growing avaricious and crabbed with advancing years, soon forfeited that respect and love which his former good conduct had gained him. His second administration was marred by partiality, oppression and inefficiency. The people were deprived of their right of suffrage by continued prorogation of the Assembly. Local government fell into the hands of small aristocratic cliques, while the poor were ground down with unequal and excessive taxes. Two wars with Holland added to the misfortunes of the colonists. Even the Heavens seemed to join with their enemies, for the country was visited by a terrific hurricane which swept over the plantations, destroying crops and wrecking houses. These accumulated misfortunes brought such deep suffering upon the colony that hundreds of families were reduced to poverty and many were forced into debt and ruin. No wonder that the commons, finally driven to desperation, should have risen in insurrection against the Governor and the King.

First among the causes of distress during this unhappy period must be placed the Navigation Acts. England, in the middle of the 17th century, was engaged in an unsuccessful contest with Holland for the carrying trade of the world. The merchantmen of Amsterdam and Flushing found their way even to Maryland and Virginia, where their low freight rates and the liberal prices they gave for tobacco, assured them a hearty welcome. The exports of the colonies to England itself were not infrequently carried in Dutch bottoms. This was a source of much anxiety and annoyance to the British government. It seemed unjust that the American colonies, which had been founded at such tremendous cost, should now prove as great a source of wealth to Holland as to the mother country. And it could not but anger the English shippers to find themselves elbowed by these foreigners in the ports of the Bermudas or the rivers of Virginia.

In 1651, the British Parliament, thinking it necessary to give their merchants some protection from this lively competition, passed the first of the Navigation Acts. Under its provisions no goods of the growth or manufacture of Asia, America or Africa should be introduced into England in any but English ships, of which the owner, master and three-fourths of the sailors were English subjects; and all foreign commodities imported to England should be conveyed directly thither from the place of growth or manufacture.[382] This law injured the Virginians by excluding the Dutch carriers from the tobacco trade with England and thus causing a sharp rise in freight rates. During the early years of the Commonwealth period it was frequently avoided, but before 1660 the English government began to enforce it more strictly.

Nor did the people get relief with the restoration of the monarchy. Charles II proved more solicitous that Parliament for the welfare of the English merchants; even more indifferent to the complaints of the colonists. A new Navigation Act was passed in 1660 which struck a deadly blow at the prosperity of Virginia. Under its provisions all goods sent to the colonies, even though of foreign growth or manufacture, were to be exported from England, and all tobacco, sugar, wool, etc., produced in the colonies, must be shipped only to England or to her dominions.[383]

Thus were the colonies sacrificed upon the altar of greed. The new act injured the Virginia planters in several ways. Since all their tobacco must now be brought to English ports, they could no longer seek the most advantageous markets. Had the demand for the commodity in England been more elastic, the consequences of this provision might not have been disastrous. Declining prices would have so stimulated the demand that the English could have consumed the entire crop. But the King's customs kept up the price to the consumer, and made it impossible for the merchants to dispose of the vast quantities of the leaf that had formerly gone to Holland and other countries.[384] Moreover, the varieties sold to the Dutch were not popular in England, and could not be disposed of at any price. Soon the market became so glutted that the merchants refused to take more than half the crop, leaving the remainder to rot upon the hands of the planters.

There followed in Virginia a sharp decline in prices. The Dutch had given the colonists three pence a pound for their tobacco.[385] A few years after the Restoration the planters considered themselves fortunate if they could dispose of their crops at a half penny a pound. Much was sold at a farthing.[386] Now since tobacco was the staple product of Virginia and the main support of the people, this rapid decline in its value was disastrous. Frequent complaints were sent to England that the colonists could not maintain themselves and their families upon the meagre returns from their tobacco. "Twelve hundred pounds is the medium of men's yearly crops," wrote Secretary Ludwell in 1667, "and a half penny per pound is certainly the full medium of the price given for it." This made an average income for each planter of but fifty shillings. When the poor man had paid his taxes for the necessary support of the government, very little remained to him to clothe his wife and children. "So much too little," he adds, "that I can attribute it to nothing but the mercy of God, that he has not fallen into mutiny and confusion."[387] In 1673 the Governor and the Council declared that the colony was full of indigent persons, who could barely support themselves with their utmost exertions.[388]

Not only did the act of 1660 depress the price of tobacco, but it increased the already excessive freight rates. Since the bulk of the colonial exports had now to be brought directly to England, in English ships, the masters of Plymouth or London could double or triple their charges. Simultaneously there occurred a pronounced rise in the cost of manufactured goods. The far-famed skill of the Dutch workmen had made it possible for them to produce many articles more cheaply than the English, and to underbid them in their own colonies. But now that all foreign goods were excluded, the planters were forced to purchase the more expensive product of the English workshops.

Thus were the Virginians cut with a two-edged sword. At the very time that their incomes were being diminished, they were confronted by an increase in the cost of living. Nor could they, as Lord Baltimore declared they might, alleviate these evils by industry and thrift. For the more strenuous were their efforts to increase the tobacco crop, the greater would be the glut in the English market and the more disastrous the drop in prices.

The poor colonists found an able, but an unsuccessful advocate, in a London merchant named John Bland. "If the Hollanders," he wrote in a paper addressed to the King, "must not trade to Virginia how shall the Planters dispose of their Tobacco? The English will not buy it, for what the Hollander carried thence was a sort of Tobacco, not desired by any other people, ... the Tobacco will not vend in England, the Hollanders will not fetch it from England; what must become thereof?" But Charles II, who knew little of economic matters, and cared nothing for the welfare of the colonists, ignored Bland's convincing appeal. No alleviation was given Virginia, and she was allowed to drift on through poverty and desperation to rebellion.

In a vain attempt to make the colony independent of the English manufacturers and to turn the people from the excessive planting of tobacco, the Assembly passed a series of acts designed to encourage local industrial establishments. It was especially desired that Virginia should make her own cloth, for the cost of the English fabrics was excessive.[389] To stimulate the art of spinning and weaving the Assembly offered rewards for the best pieces of linen and woollen goods produced in the country. A bounty was placed on the manufacture of silk.[390] In 1666, the establishment of cloth works in each county was made compulsory by act of Assembly.[391] "Whereas," it was declared, "the present obstruction of trade and the nakedness of the country doe suffitiently evidence the necessity of provideing supply of our wants by improveing all meanes of raysing and promoteing manufactures amonge ourselves, ... Be it enacted ... that within two yeares at furthest ... the commissioners of each county court shall provide and sett up a loome and weaver in each of the respective counties."[392] Nor were other industries neglected. Tan-houses were erected in various places "to tanne, curry and make the hides of the country into leather and shoes".[393] Bounties were offered for the construction of vessels, in the hope that Virginia might rival the prosperous ship-builders of New England.[394]

These experiments added a heavy burden to the poor taxpayer, while they accomplished little for the relief of the colony. Virginia, with its scattered plantations and its lack of skilled artisans, could not hope to compete with the workshops of England. The commissioners, whether from corruption or from lack of ability, proved poor business managers, and their ill success occasioned loud and bitter complaints.

In May, 1661, Governor Berkeley sailed for England to combat a new design to revive the Virginia Company. It is quite probable that he took occasion during his stay at court to protest against the Navigation Acts.[395] But he found it impossible to turn the King and Parliament from what had become their settled colonial policy. Ten years later, when the Lords of Trade and Plantations asked him what impediments there were to the improvement of trade in the colony, the Governor blurted out the truth with his accustomed vigor. "Mighty and destructive by that severe act of Parliament which excludes us from haveing any Commerce with any Nacon in Europe but our owne, Soe that wee cannot add to our plantacon any Comodity that growes out of itt ... ffor it is not lawfull for us to carry a pipe-staff or a Bushel of Corne to any place in Europe out of the King's dominions. If this were for his Majesty's Service or the good of his Subjects wee should not repine what ever our Sufferings are for it. But on my Soule it is the Contrary for both."[396]

In seeking relief from the evil consequences of the Navigation Acts the Virginians turned to their cousins of New England.[397] And the hardy sailors of Massachusetts and Connecticut, tempted by the high prices of manufactured goods in the southern colonies, brought their wares into the James, the York and the Potomac, where they entered into lively competition with the English merchants. Nor did they hesitate, when occasion offered, to defy the law by transporting the Virginia tobacco to foreign markets.[398] But England was unwilling to leave the colonists even this small loophole. Parliament decided, in 1672, to place a duty of one penny a pound upon tobacco shipped from one colony to another, and the payment of this duty did not give liberty to the owners to transport it to a foreign country. This act completely crippled the intercolonial trade. A few years later, after Bacon's Rebellion, when the Virginia counties were presenting their grievances to the King's commissioners, the people of Lower Norfolk requested that the act of 1672 might be repealed. The only notice taken of their petition was the contemptuous comment of the commissioners that it was wholly mutinous for them "to desire a thing contrary to his Majesty's Royall pleasure & benefitt and also against an Act of Parliament".[399]

It had been suggested, when the price of tobacco began to fall, that the evil might be remedied by governmental restraint upon the annual crop. The diminution of the demand for the leaf, brought about by the loss of the foreign market, was to be met by a corresponding limitation upon the supply. Prices would thus be restored and the planter would receive a greater return for a much smaller output. But for this remedy to be effective, it would be necessary to secure the cooeperation of Maryland and perhaps North Carolina, as a cessation in Virginia would accomplish little, if no restraint were put upon the planters of the other colonies. Moreover, since the proposed step might diminish the revenue from the customs, it would be necessary to obtain the consent of the King.

In 1662 many of the planters and merchants petitioned Charles II to forbid the planting of tobacco in Maryland and Virginia for one year.[400] At first this appeal was rejected and the colonists were commanded to refrain from presenting similar petitions in the future. Later, however, the Privy Council secured a reversal of this decision and an order was issued authorizing the Assembly to appoint commissioners to confer with the Marylanders upon the best means of lessening the excessive crops.[401] Accordingly a meeting was held at Wiccocomico, May 12, 1664, which recommended that the planting of tobacco after the twentieth of June each year should be prohibited. The report met with the approval of the Virginians and was promptly ratified by the Assembly, but the Marylanders believed that a partial cessation would be detrimental to their interests and their legislature refused to give its consent.

But as prices sank lower and lower, and poverty became more general, the Virginians once more appealed to Maryland, this time for a total cessation for one year. Numerous letters were exchanged upon the subject, but at first nothing was accomplished. After many months had been consumed in useless negotiations Governor Berkeley, in the dead of winter, himself journeyed to Maryland and at last succeeded in convincing the leading men of that colony of the necessity of the measure. As a result, the Maryland Assembly passed an act prohibiting all tobacco planting in their province from February 1666 to February 1667, provided Virginia and North Carolina should do likewise.[402] The Assembly at Jamestown promptly passed a similar law, but the North Carolinians, owing to Indian troubles, delayed their action so long that the Marylanders repudiated the entire agreement.

Somewhat discouraged the colonists again sent commissioners, this time to Saint Mary's, to resume the broken thread of negotiations. Here at last success seemed to crown their efforts, for all differences were adjusted, and the cessation was agreed upon by the three colonies.[403] But the joy of Virginia at this happy outcome was soon turned to grief and indignation, for the Marylanders received a letter from Lord Baltimore, "in absolute and princely terms prohibiting the execution of the ... articles of cessation".

"This overtook us," wrote Governor Berkeley, "like a storm and enforced us like distressed marriners to throw our dear bought commodities into the sea, when we were in sight of our harbour, & with them so drown'd not only our present reliefs but all future hopes of being able to do ourselves good, whilst we are thus divided and enforced to steere by anothers compasse, whose needle is too often touched with particular interest. This unlimited and independent power ... of the Lord Baltimore doth like an impetuous wind blow from us all those seasonable showers of your Majesty's Royall cares and favours, and leaves us, and his own province withering and decaying in distress and poverty.... This unreasonable and unfortunate prohibition ... hath not only increased the discontent of many of the inhabitants of his province, but hath raised the grief and anger of allmost all your ... subjects of this colony to such a height as required great care to prevent those disturbances which were like to arise from their eluded hopes and vain expences."[404]