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diff --git a/30284-0.txt b/30284-0.txt new file mode 100644 index 0000000..e15fda9 --- /dev/null +++ b/30284-0.txt @@ -0,0 +1,12335 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 30284 *** + +Virginia Under the Stuarts + +1607-1688 + + + + +Virginia Under the Stuarts + +1607-1688 + + +By + +THOMAS J. WERTENBAKER + + +_New York_ +RUSSELL & RUSSELL +1959 + + +COPYRIGHT 1914 BY PRINCETON UNIVERSITY PRESS +COPYRIGHT 1958, 1959 BY THOMAS J. WERTENBAKER + +LIBRARY OF CONGRESS CATALOG CARD NUMBER 39-11229 + + +PRINTED IN THE UNITED STATES OF AMERICA + + + + +_Dedicated + +to my mother_ + + + + +PREFACE + + +It was in May, 1910, that the author came to Princeton for an interview +with President Woodrow Wilson concerning an appointment as Instructor in +the Department of History, Politics, and Economics. He was elated when +President Wilson engaged him, though not happy over the $1,000 salary. +Yet with this sum to fall back on he borrowed $200, and took a trip to +England. + +In London he went treasure hunting, the treasure of old documents +relating to the history of colonial Virginia. He sought out the British +Public Record Office, off Chauncery Lane, and was soon immersed in the +mass of letters, official reports, journal of the Assembly, and other +papers. + +The author was prepared to find valuable historical materials in London, +for he had spent the summer of 1908 studying the William Noel Sainsbury +and the McDonald abstracts and transcripts of the documents in the +Record Office deposited in the Virginia State Library. But he was +staggered at the extent of the manuscript collection on Virginia history +alone. Among the scores of volumes are thirty-two devoted to the +correspondence of the Board of Trade, seventeen to the correspondence of +the Secretary of State, twenty-two to entry books, letters, commissions, +warrants, etc. + +When the summer waned he left for America taking with him many pages of +closely written notes. But what he had learned served to whet his +appetite for more, so that in 1912 and again in 1914 he was back, going +over volume after volume, searching eagerly for fear some important +point would escape him. The mass of abstracts and notes which he +accumulated formed the basis of this volume. + +In fact, any political history of Virginia in the colonial period must +be based on the documents in the Public Record Office, since most of +the copies left in Virginia have been lost or destroyed. Today, however, +colonial historians no longer have to visit London to consult them, +since transcripts have been made and deposited in the Library of +Congress. + +In recent years the American Council of Learned Societies has made +available other collections of manuscripts which have thrown new light +on early Virginia history. The most important of these are the Coventry +Papers at Longleat, the residence of the Marquess of Bath. Many of the +letters deal with Bacon's Rebellion, and include the correspondence +between Berkeley and Bacon, accounts of the Indian war, complaints of +the misgovernment of Berkeley, the account of the evacuation of +Jamestown written by Berkeley, accounts of Bacon's death and the +collapse of the rebellion. + +This new material adds new weight to the conclusions reached in this +book--that the causes of Bacon's Rebellion were deep-seated, that it +grew out of the discontent caused by the Navigation Acts, the heavy +taxes, the corrupting of the Assembly by Berkeley, and the misuse of the +courts. It in no way shakes the conviction expressed by Thomas Mathews, +who himself was involved in the rebellion, that the Indian war was the +excuse for it rather than the cause. + +Yet certain recent historians have contended that this violent uprising +was not a protest against injustice and misgovernment. One has gone so +far as to call it merely a quarrel between a rash young man and an old +fool. We could with equal justice call the American Revolution just a +quarrel between George Washington and George III. Mathews tells us that +it was the general opinion in Virginia at the time that it was not Bacon +who was chiefly responsible for the uprising, but Thomas Lawrence. Bacon +"was too young, too much a stranger there, and of a disposition too +precipitate to manage things to that length they were carried," he +pointed out, "had not thoughtful Mr. Lawrence been at the bottom." + +But neither Lawrence's hatred of Berkeley, nor Bacon's rashness, nor +Berkeley's folly, nor the Indian war suffice to explain the rebellion. +When the news of the uprising reached Charles II, he thought it past +belief that "so considerable body of men, without the least grievance +or oppression, should rise up in arms and overthrow the government." He +was quite right. Had there been no grievances and oppression there would +have been no uprising. + +That Bacon's Rebellion is explained in part by poverty and suffering is +clear. Philip Ludwell said that the rebel army was composed of men +"whose condition ... was such that a change could not make worse." The +men who fought so valiantly against the Indians and Berkeley's forces, +braved the King's anger, faced death on the gallows were called in +contempt "the bases of the people," "the rabble," the "scum of the +people," "idle and poor people," "rag, tag, and bobtail." The Council +reported that there were "hardly two amongst them" who owned estates, or +were persons of reputation. Berkeley complained that his was a miserable +task to govern a people "where six parts of seven at least are poor, +indebted, discontented, and armed." + +So when Bacon sent out his agents to every part of Virginia to denounce +the governor for not permitting an election for a new Assembly, accusing +him of misgovernment, and complaining of the heavy and unequal taxes, +they "infested the whole country." Berkeley stated that the contaigion +spread "like a train of powder." Never before was there "so great a +madness as this base people are generally seized with." When, in panic, +he dissolved the Long Assembly and called for a new election, all except +eight of those chosen were pro-Bacon men. + +One cannot but ask why. Surely the voters would not have sided with this +young man who had been in Virginia but a few months had he not taken the +lead in protesting against the many wrongs to which they had been +subjected. And had those who rushed to arms, risking their property, if +not their necks, done so merely because of a quarrel between Bacon and +Berkeley, they would have been more than base, they would have been +fools. + +What these wrongs were Bacon and his followers tell us in what they +called the Declaration of the People. Berkeley and his favorites they +denounced "for having upon specious pretences of public works raised +great unjust taxes upon the commonalty for the advancement of private +favorites and other sinister ends...; for having abused and rendered +contemptible the magistrates of justice, by advancing to places of +judicature scandalous and ignorant favorites...." + +In a burning manifesto, denouncing the injustice and corruption of the +ruling group, Bacon said: "We appeal to the country itself what and of +what nature their oppressions have been, and by what cabal and mystery +the design of many of those whom we call great men have been transacted +and carried on.... See what sponges have sucked up the public wealth and +whether it hath not been privately contrived away by unworthy favorites, +by vile juggling parasites, whose tottering fortunes have been repaired +and supported by the charge." The constant breach of laws, unjust +prosecutions, excuses, and evasions, proved that the men in power were +conducting public affairs "as if it were but to play a booty, game, or +divide a spoil." + +In view of these statements recent attempts to prove that Bacon was no +true patriot and not interested in righting the people's wrongs seem +strange indeed. It is hardly credible that he was merely pretending when +he wrote these fiery words, that he posed as the champion of the people +to further his personal ambitions, that he trumped up charges against +Berkeley because of the disagreement over the Indian war. + +But, it has been said, Bacon showed no interest in the passage of the +reform laws enacted by the Assembly of June 1676, refused to have them +read before his army, and complained that the Burgesses had not lived up +to his expectations. Had he been really interested in reform, would he +not have gloried in these laws and have praised the Assembly for passing +them? + +Any such conclusion falls flat when we consider the conditions under +which this session was held. The Burgesses had hardly taken their seats +when Bacon, who had been elected as one of the members to represent +Henrico County, was captured. Though Berkeley pardoned him and restored +him to his seat in the Council, he was a virtual prisoner during the +first few days of the session. So he looked on with growing resentment +as the governor overawed the Burgesses and reform measures were set +aside. + +Then, suddenly, the entire situation changed. Bacon got permission to +return to Henrico because his wife was ill. Once there he placed himself +at the head of his army of enraged frontiersmen and marched rapidly on +Jamestown. When this news reached the little capital, the governor, his +Council, and the Burgesses were panic stricken. Since resistance was +useless, every thought was of appeasement. A series of reform laws, +which struck at the very roots of Berkeley's system of rule through +placemen, was introduced in the Assembly, rushed through, and signed by +the governor. + +Not knowing what had happened during his absence, on his arrival Bacon +mounted the steps to the Long Room of the State House where the Assembly +met, to urge them to right the people's wrongs. Thomas Mathews, who was +present, says that "he pressed hard, nigh an hour's harangue on +preserving our lives from the Indians, inspecting the revenues, the +exorbitant taxes, and redressing the grievances and calamities of that +deplorable country." It was only when he had finished that someone spoke +up to tell him that "they had already redressed their grievances." To +contend that Bacon was not interested in laws which he himself had so +passionately urged and which had obviously been passed to conciliate him +and his followers is merely to attempt to disprove the obvious. + +Philip A. Bruce, in a statement published in 1893, in the _Virginia +Magazine of History and Biography_, points out that Bacon's Rebellion +"preceded the American Revolution by a century, an event which it +resembled in its spirit, if not in its causes and results. Bacon is +known in history as the Rebel, but the fuller information which we have +now as to the motives of his conduct shows that he can with more justice +be described as Bacon the Patriot. He headed a powerful popular movement +in which the sovereignty of the people was for the first time relied +upon on American soil by a great leader as the justification of his +acts. The spirit breathing through the Declaration of the People is the +spirit of the Declaration of Independence." Nothing which has been +brought out in the sixty-four years since Dr. Bruce wrote these words +has shaken or can shake their truth. Bacon was the torchbearer of the +Revolution. + +Attempts to defend Sir John Harvey are as unconvincing as those to +belittle Bacon. Certainly the Sackville Papers, recently made available +to historians, contain nothing to warrant any change in the conclusion, +long accepted by Virginia historians, that Harvey's expulsion was richly +deserved. + +Charles Campbell, in his _History of the Colony and Ancient Dominion of +Virginia_, thus describes Harvey's administration: "He was extortionate, +proud, unjust, and arbitrary; he issued proclamations in derogation of +the legislative powers of the Assembly; assessed, levied, held, and +disbursed the colonial revenue without check or responsibility; +transplanted into Virginia exotic English statutes; multiplied penalties +and exactions and appropriated fines to his own use; he added the +decrees of the court of high commission of England to the ecclesiastical +constitutions of Virginia." Could we have a more perfect description of +a despot? + +It remains to point out a few errors which crept into the original +manuscript. On page 21 "the falls of the Appomattox" should be "the +first bend of the Appomattox"; on page 75 "John Pott" should be "Francis +Pott"; on page 82 "Matthew Kemp" should be "Richard Kemp". + +_Princeton, New Jersey_ Thomas J. Wertenbaker +_August, 1957_ + + + + +CONTENTS + + +ABBREVIATIONS USED IN NOTES xi + +CHAPTER I--The Founding of Virginia 1 + +CHAPTER II--The Establishment of Representative Government 29 + +CHAPTER III--The Expulsion of Sir John Harvey 60 + +CHAPTER IV--Governor Berkeley and the Commonwealth 85 + +CHAPTER V--The Causes of Bacon's Rebellion 115 + +CHAPTER VI--Bacon's Rebellion 146 + +CHAPTER VII--The Period of Confusion 195 + +CHAPTER VIII--The Critical Period 225 + +INDEX 261 + + + + +ABBREVIATIONS USED IN NOTES + + +Arb. Smith, _Works of Captain John Smith_, Edward Arber. +Scobell, _Scobell's Collection of Acts and Ordinances of General Use_. +F. R., _The First Republic in America_, Alexander Brown. +Gen., _The Genesis of the United States_, Alexander Brown. +Force, _Tracts and Other Papers Relating to the Colonies in North + America_, Peter Force. +Nar. of Va., _Narratives of Early Virginia_, Lyon G. Tyler. +Va. Car., _Virginia Carolorum_, E. D. Neill. +Hen., _The Statutes at Large_, W. W. Hening. +Proceedings of Va. Co., _Proceedings of the Virginia Company of London_. +Cradle of Rep., _The Cradle of the Republic_, Lyon G. Tyler. +Bruce, Inst. Hist., _Institutional History of Virginia in the Seventeenth + Century_, P. A. Bruce. +Bruce, EC. Hist., _Economic History of Virginia in the Seventeenth + Century_, P. A. Bruce. +Miller, _The Legislature of the Province of Virginia_, E. I. Miller. +P. R. O., British Public Record Office. +Stith, _History of Virginia_, William Stith. +Osg., _American Colonies in the Seventeenth Century_, H. L. Osgood. +Neill, Va. Co., _History of the Virginia Company of London_, E. D. Neill. +Fiske, Old Va., _Old Virginia and her Neighbors_, John Fiske. +Burk, _History of Virginia_, John Burk. +Va. Hist. Reg., _Virginia Historical Register_. +Beverley, _History of Virginia_, Robert Beverley. +Va. Mag., _Virginia Magazine of History and Biography_. +Wise, _The Early History of the Eastern Shore of Virginia_, J. C. Wise. +Southern Lit. Mess., _Southern Literary Messenger_. +Campbell, _History of Virginia_, Charles Campbell. +McD., _McDonald Papers_, Virginia State Library. +Jour. H. of B., _Journals of the House of Burgesses_. Manuscript copies + in the Virginia State Library. +Justice in Virginia, _Justice in Colonial Virginia_, O. P. Chitwood. +Sains., _Sainsbury Papers_, Virginia State Library. +Mass. S. IV., _Massachusetts Historical Collections, Series IV._ +T. M., _The Beginning, Progress and Conclusion of Bacon's Rebellion_. +W. & M. Q., _William and Mary Quarterly_. +Inds' Pros., _Indians' Proceedings_. +Bac's Pros., _Bacon's Proceedings_. +Ing's Pros., _Ingram's Proceedings_. +Cotton, _Our Late Troubles in Virginia_, Mrs. A. Cotton. +Va. Vet., _Virginia Vetusta_, E. D. Neill. + + + + +CHAPTER I + +THE FOUNDING OF VIRGINIA + + +In December, 1606, three little vessels--the _Sarah Constant_, the +_Discovery_ and the _Goodspeed_--set sail from England under Captain +Christopher Newport, for the distant shores of Virginia.[1] After a long +and dangerous voyage across the Atlantic the fleet, on the sixth of May, +1607, entered the Chesapeake Bay.[2] The adventurers spent several days +exploring this great body of water, landing parties to investigate the +nature of the shores, and to visit the Indian tribes that inhabited +them. They were delighted with the "faire meddowes, ... full of flowers +of divers kinds and colours", and with the "goodly tall trees" of the +forests with "Fresh-waters running" between, but they had instructions +not to settle near the coast, lest they should fall victims to the +Spaniards.[3] So they entered the broad mouth of a river which they +called the James, and made their way cautiously up into the country. On +the twenty-third of May they found a peninsula in the river, which +afforded a convenient landing place and was easy to defend, both from +the Indians and the Spaniards. This place they called Jamestown. Landing +their men, they set immediately to work building houses and erecting +fortifications. Thus did the English begin their first permanent +settlement in the New World. + +The bold band of adventurers that came thus hopefully into this +beautiful and smiling country little realized that before them lay only +dangers and misfortunes. Could they have foreseen the terrible obstacles +to founding a colony in this land, they would have hesitated before +entering upon the enterprise. + +Four things conspired to bring misfortune and disaster upon Virginia. +The form of government prescribed by the King and the Company was +unsuited to the infant settlement, and its defects kept the colonists +for many months in turmoil and disorder. The Indians proved a constant +source of danger, for they were tireless in cutting off stragglers, +ambushing small parties and in destroying the crops of the white men. +Famines came at frequent intervals to weaken the colonists and add to +their misfortunes. But by far the most terrible scourge was the +"sicknesse" that swept over Virginia year after year, leaving in its +wake horrible suffering and devastation. + +The charter that James I granted to the London Company served as a +constitution for Virginia, for it prescribed the form of government and +made regulations that none could disregard. It provided for a Council, +resident in England, to which was assigned the management of the colony +and the supervision of its government.[4] This body was appointed by the +King and was strictly answerable to him through the Privy Council for +its every act.[5] The immediate government of the colony was entrusted +to a local Council, selected by the Council in England, and responsible +to it. The Virginia Council exercised extraordinary powers, assuming all +administrative, legislative and judicial functions, and being in no way +restrained by the wishes or demands of their fellow colonists.[6] +Although they were restricted by the charter and by the instructions of +the Council in England, the isolation of the settlement and the +turbulent spirit of the adventurers made them reckless in enforcing +their own will upon the colonists. More than once they were guilty of +unpardonable harshness and cruelty. + +The charter did not provide for the appointment of a Governor. The +nominal leadership of the colony was entrusted to a President, chosen by +the local Council from among its members. This officer had no duty +distinct from that of the Councillors, other than to preside at their +meetings and to cast a double or deciding vote in case of deadlock.[7] +He was to serve but one year and if at any time his administration +proved unsatisfactory to his colleagues, they could, by a majority vote, +depose him. In like manner, any Councillor that had become obnoxious +could be expelled without specific charges and without trial.[8] These +unwise provisions led naturally to disorder and strife, and added much +to the misfortunes of the infant colony.[9] + +The selections for the Council were made some days before the fleet +sailed, but the Company, fearing a conflict of authority during the +voyage, thought it best that they should be kept secret until the +colonists had reached Virginia. The names of the appointees were +embodied in "several instruments" which were entrusted to the commanders +of the vessels, with instructions that they should be opened within +twenty-four hours after they had arrived off the coast of America.[10] +Upon entering the Chesapeake Bay the adventurers read the papers, and +found that Christopher Newport, the commander of the fleet, Edward +Wingfield, Bartholomew Gosnold, George Kendall, John Ratcliffe, John +Martin and John Smith were those that had been chosen.[11] + +After the landing the Council met, were sworn to office, and then +elected Wingfield President.[12] Captain John Smith, who had been +accused of mutiny during the voyage, was not allowed to take his seat, +and was kept under restraint until the twentieth of June.[13] + +Hardly had the founding of Jamestown been effected when the weakness of +the constitution became apparent. The meetings of the Council were +discordant and stormy. The members were utterly unable to act with +vigor and determination, or to agree upon any settled course of action +in establishing the little colony. The President, because of the +limitation of his powers, could do nothing to restore harmony or to +enforce his own wishes and policies. Confusion and mismanagement +resulted. In less than a month after the first landing the inefficiency +of the government had created such discontent that the colonists +petitioned the Council for redress.[14] It was only the tact and +moderation of Captain Newport that appeased the anger of the settlers +and persuaded them to submit to the decrees of the governing body.[15] + +On the second of July, Newport, with his little fleet, sailed for +England, leaving the ill-fated colonists to their own resources.[16] No +sooner had he gone than the spirit of discord reappeared. The quarrels +within the Council became more violent than ever, and soon resulted in +the complete disruption of that body. Captain Kendall, who seems to have +been active in fomenting ill feeling among his colleagues, was the first +to be expelled. Upon the charge of exciting discord he was deprived of +his seat and committed to prison.[17] + +As Captain John Smith had, before the departure of Newport, been allowed +to take his place in the Council, there were now five members of that +body. The number was soon reduced to four by the death of Captain +Gosnold, who fell a victim to the sickness.[18] One would imagine that +the Council, thus depleted, would have succeeded in governing the colony +in peace, but the settlers were given no respite from their wrangling +and disputes. In September, Ratcliffe, Smith and Martin entered into an +agreement to depose President Wingfield and to oust him from the +Council. Before they proceeded against him, however, they pledged each +other that the expulsions should then stop, and that no one of the three +should be attacked by the other two. + +The Councillors then appeared before Wingfield's tent with a warrant, +"subscribed under their handes, to depose the President; sayeing they +thought him very unworthy to be eyther President or of the Councell, and +therefore discharged him of both".[19] They accused him of +misappropriating funds, of improper division of the public stores, of +being an atheist, of plotting to desert Virginia in the pinnace left at +Jamestown by Captain Newport, of combining with the Spaniards for the +destruction of the colony. Wingfield, when he returned to England, made +a vigorous defense of his conduct, but it is now impossible to determine +whether or not he was justly accused. After his expulsion from office, +he was summoned before the court by the remnant of the Council to answer +these numerous charges. It might have gone hard with him, had he not +demanded a hearing before the King. As his enemies feared to deny him +this privilege, they closed the court, and committed him to prison on +board the pinnace, where he was kept until means were at hand to send +him to England.[20] + +The removal of the President did not bring peace to the colony. If we +may believe the testimony of Wingfield, the triumvirate that now held +sway ruled the settlers with a harsh and odious tyranny. "Wear," he +says, "this whipping, lawing, beating, and hanging, in Virginia, known +in England, I fear it would drive many well affected myndes from this +honourable action."[21] One day Ratcliffe, who had been chosen to +succeed Wingfield, became embroiled with James Read, the smith. Read +forgot the respect due his superior, and struck the new President. So +heinous a crime was this affront to the dignity of the chief officer of +the infant colony, that the smith was brought to trial, convicted and +sentenced to be hanged. But he saved his life, upon the very eve of his +execution, by revealing to Ratcliffe a plot against the government, +headed, he declared, by Captain Kendall.[22] Immediately Kendall, who +had long been an object of suspicion, was tried for mutiny, found guilty +and executed.[23] + +In December, 1607, when the colony was suffering severely for the want +of food, Captain Smith led an expedition into the territory of the +Chickahominies in quest of corn.[24] During his absence the President, +despite the protests of Martin, admitted Captain Gabriel Archer to the +Council.[25] Archer, who seems to have been a bitter enemy of Smith, had +no sooner attained this place of power, than he set to work to ruin the +adventurous captain. "Being settled in his authority", he "sought to +call Master Smythes lief in question, and ... indicted him upon a +Chapter in Leviticus for the death" of two men under his charge, that +had been murdered by the Indians. He was to have had his trial upon the +very day of his return from his thrilling adventures with the savages. +His conviction and immediate execution would doubtless have resulted, +had not the proceedings against him been interrupted by the arrival of +the First Supply from England.[26] Captain Newport, whose influence +seems always to have been exerted in favor of moderation and harmony, +persuaded the Council to drop the charges against Smith, to release him +from restraint, and to restore him to his seat in the Council. + +Of extraordinary interest is the assertion of Wingfield that the arrival +of the fleet "prevented a Parliament, which ye newe Counsailour (Archer) +intended thear to summon".[27] It is not surprising that the settlers, +disgusted as they were with the violence and harshness of their rulers, +should have wished to share in the government. But we cannot but wonder +at their boldness in attempting to set aside the constitution given them +by the King and the Company. Had they succeeded in establishing direct +government by the people, it could not be supposed that James would have +permitted it to continue. But the attempt is very significant, as +indicating that they were desirous, even at this early date, of having a +voice in the management of affairs. + +Archer and the unfortunate Wingfield sailed with the fleet when Captain +Newport returned to England, and a few months later Martin followed +them.[28] Since, with the First Supply had come a new Councillor, +Matthew Scrivener, the governing body once more numbered three. + +During the summer of 1608 Smith was frequently away, chasing the phantom +of the passage to the South Sea, but this did not prevent the usual +quarrels. If we may believe the account in Smith's history, Ratcliffe +was deposed from the Presidency because of "pride and unreasonable +needlesse cruelty" and for wasting the public stores.[29] It is probable +that for some weeks Scrivener conducted the government, while Ratcliffe +was kept a prisoner.[30] In September, Captain Smith, returning from a +voyage in the Chesapeake Bay, "received the letters patents, and took +upon him the place of president".[31] + +Smith was now supreme in the government, for the Council was reduced to +two, and his casting vote made his will superior to that of Scrivener. +But he was not long to enjoy this power. In October, 1608, Captain +Newport, arriving with the Second Supply, brought with him two "antient +souldiers and valient gentlemen"--Richard Waldo and Peter Wynne--both +bearing commissions as Councillors.[32] Soon afterward Ratcliffe was +restored to his seat. The Council, thus recruited, resumed its control +over the colony, "so that although Smith was President yet the Council +had the authority, and ruled it as they listed".[33] + +Two months later, when Newport sailed again, Ratcliffe returned to +England. Smith wrote the English Council, "Captaine Ratcliffe is ... a +poore counterfeited Imposture. I have sent you him home, least the +company should cut his throat."[34] The next spring Waldo and Scrivener, +with nine others, were caught in a small boat upon the James by a +violent gale, and were drowned.[35] As Captain Wynne soon succumbed to +the sickness, Smith became the sole surviving Councillor.[36] During the +summer of 1609 the colony was governed, not, as the King and Company had +designed, by a Council, but by the will of this one man. + +In the meanwhile the London Company was becoming aware that a mistake +had been made in entrusting the government of the colony to a body of +Councillors. The reports of Wingfield, Archer, Newport and Ratcliffe +made it evident that the lack of harmony in the Council had been a +serious hindrance to the success of the enterprise.[37] Feeling, +therefore, that this "error in the equality of the governors ... had a +little shaken so tender a body", the managers held an especial meeting +to effect a change.[38] A new charter was drawn up by Sir Edwin Sandys, +approved by the Company and assented to by the King. + +In this document James relinquished into the hands of the Company not +only the direct management of the colony, but the power of drawing up a +new and more satisfactory system of government. Acting under this +authority, Sandys and his associates abolished the Council and entrusted +the entire control of the colony to an all-powerful Governor. The +disorder that had so impeded the success of the enterprise was to be +crushed under the iron hand of a despot. Doubtless Sandys would have +attempted to establish representative government at once in Virginia, +had conditions favored so radical a change. But the colony was too young +and feeble, and James could hardly be expected to give his consent. Yet +the many liberal members of the Company were deeply interested in +Virginia and were determined, should a favorable opportunity occur, to +establish there an Assembly similar in character to the English +Parliament. + +The granting of the new charter aroused extraordinary interest in the +fortunes of the colony throughout England and stimulated the Company to +renewed efforts.[39] Thousands of pounds were contributed to defray the +expenses of another expedition, and hundreds of persons responded to the +appeals for settlers. The first Governor was a man of ability and +distinction--Thomas Lord De la Warr. Sir Thomas Gates was made +Lieutenant-Governor, George Summers, Admiral, and Captain Newport, +Vice-Admiral.[40] De la Warr found it impossible to leave at once to +assume control of his government, but the other officers, with nine +vessels and no less than five hundred colonists, sailed in June, +1609.[41] Unfortunately, in crossing the Gulf of Bahama, the fleet +encountered a terrific storm, which scattered the vessels in all +directions. When the tempest abated, several of the ships reunited and +continued on their way to Jamestown, but the _Sea Adventure_, which +carried Gates, Summers and Newport, was wrecked upon an island in the +Bermudas.[42] As a result of this misfortune none of the leaders of the +expedition reached Virginia until May, 1610, ten months later. + +The other vessels, with most of the settlers, arrived at Jamestown in +August, 1609. The newcomers told Captain Smith of the Company's new plan +of government, and requested him to relinquish the old commission. This +the President refused to do. All the official papers relating to the +change had been aboard the _Sea Adventure_, and he would not resign +until he had seen them.[43] A long and heated controversy followed, but +in the end Smith gained his point.[44] It was agreed that until the +arrival of the _Sea Adventure_ the colony should remain under the old +charter, and that Smith should continue to act as President until the +twentieth of September, when he was to relinquish the government to +Captain Francis West.[45] + +This arrangement did not restore harmony. West felt aggrieved that +Captain Smith should insist upon continuing the old order of affairs +despite the known wishes of the Company, and took occasion to ignore and +slight his authority. This so angered the President that he is said to +have plotted with the Indians to surprise and cut off a party of men +that his rival was leading up the James. Before this could be +accomplished, however, Smith met with a serious accident, which led to +his immediate overthrow. "Sleeping in his Boate ... accidentallie, one +fired his powder-bag, which tore the flesh ... in a most pittifull +manner; but to quench the tormenting fire ... he leaped over-board into +the deepe river, where ever they could recover him he was neere +drowned."[46] Three former Councillors--Ratcliffe, Archer and +Martin--who had come over with the new fleet, availed themselves of the +helplessness of their old foe to rid the colony of his presence. +Claiming, with some justice, that if Smith could retain his office under +the old charter, they were by the same power still members of the +Council, they held a meeting, deposed him from the Presidency and sent +him back to England.[47] Having thus disposed of the troublesome +Captain, they looked about them for some man suitable to head the colony +until the arrival of Gates. Neglecting the claims of West, whom they +probably considered too inexperienced for the place, they selected +Captain George Percy.[48] + +In the meanwhile, the crew and passengers of the _Sea Adventure_ were +stranded in the Bermudas, upon what was called Devil's Island. Some of +their number were daring enough to venture out into the ocean in the +longboat, in an attempt to reach the colony, but they must have +perished, for they were never heard from again.[49] The rest of the +company, seeing no other way of escape, built two pinnaces and, in May, +1610, sailed away in them for Jamestown. A few days later, upon their +arrival in Virginia, Gates received the old patent and the seal from the +President and the period of the first royal government in Virginia came +to an end.[50] + +But the "faction breeding" government by the Council was by no means the +only cause of trouble. Far more disastrous was the "sicknesse". When the +first expedition sailed for Virginia, the Council in England, solicitous +for the welfare of the emigrants, commanded them to avoid, in the choice +of a site for their town, all "low and moist places".[51] Well would it +have been for the colonists had they obeyed these instructions. Captain +Smith says there was in fact opposition on the part of some of the +leaders to the selection of the Jamestown peninsula, and it was amply +justified by the event. The place was low and marshy and extremely +unhealthful.[52] In the summer months great swarms of mosquitoes arose +from the stagnant pools of water to attack the immigrants with a sting +more deadly than that of the Indian arrow or the Spanish musket ball. + +Scarcely three months had elapsed from the first landing when sickness +and death made their appearance. The settlers, ignorant of the use of +Peruvian bark and other remedies, were powerless to resist the progress +of the epidemic. Captain George Percy describes in vivid colors the +sufferings of the first terrible summer. "There were never Englishmen," +he says, "left in a forreign country in such miserie as wee were in this +new discouvered Virginia. Wee watched every three nights, lying on the +bare-ground, what weather soever came;... which brought our men to bee +most feeble wretches.... If there were any conscience in men, it would +make their harts to bleed to heare the pitifull murmurings and outcries +of our sick men without reliefe, every night and day for the space of +sixe weekes; in the morning their bodies being trailed out of their +cabines like Dogges, to be buried."[53] So deadly was the epidemic that +when Captain Newport brought relief in January, 1608, he found but +thirty-eight of the colonists alive.[54] + +Nor did the men that followed in the wake of the _Sarah Constant_, the +_Discovery_ and the _Goodspeed_ fare better. In the summer of 1608, the +sickness reappeared and once more wrought havoc among the unhappy +settlers. Captain Smith, who probably saved his own life by his frequent +exploring expeditions, on his return to Jamestown in July, "found the +Last Supply al sicke".[55] In 1609, when the fleet of Summers and +Newport reached Virginia, the newcomers, many of whom were already in +ill health, fell easy victims to malaria and dysentery. Smith declared +that before the end of 1610 "not past sixtie men, women and children" +were left of several hundred that but a few months before had sailed +away from Plymouth.[56] During the short stay of Governor De la Warr one +hundred and fifty, or more than half the settlers lost their lives.[57] + +Various visitors to Virginia during the early years of the seventeenth +century bear testimony to the ravages of this scourge. A Spaniard named +Molina, writing in 1613, declared that one hundred and fifty out of +every three hundred colonists died before being in Virginia twelve +months.[58] DeVries, a Dutch trader to the colony, wrote, "During the +months of June, July and August it is very unhealthy, then people that +have lately arrived from England, die, during these months, like cats +and dogs, whence they call it the sickly season."[59] This testimony is +corroborated by Governor William Berkeley, who reported in 1671, "There +is not now oft seasoned hands (as we term them) that die now, whereas +heretofore not one of five escaped the first year."[60] + +In 1623 a certain Nathaniel Butler, in an attack upon the London +Company, called "The Unmasked Face of our Colony in Virginia", drew a +vivid, though perhaps an exaggerated picture of the unhealthfulness of +the climate. "I found the plantations," he said, "generally seated upon +meer salt marshes, full of infectious bogs and muddy creeks and lakes, +and thereby subjected to all those inconveniences and diseases which are +so commonly found in the most unsound and most unhealthy parts of +England, whereof every country and climate hath some." It was by no +means uncommon, he declared, to see immigrants from England "Dying under +hedges and in the woods", and unless something were done at once to +arrest the frightful mortality Virginia would shortly get the name of a +slaughter house.[61] + +The climate of eastern Virginia, unhealthful as it undoubtedly was in +the places where the first settlements were made, cannot be blamed for +all the epidemics that swept the colony. Much of the ill health of the +immigrants was due to unwholesome conditions on board the ships which +brought them from England. The vessels were usually crowded far beyond +their real capacity with wretched men, women and children, and were foul +beyond description.[62] Not infrequently great numbers died at sea. One +vessel is reported to have lost a hundred and thirty persons out of a +hundred and eighty-five. On the ships that left England in June, 1609, +both yellow fever and the London plague appeared, doing fearful havoc, +and making it necessary to throw overboard from two of the vessels alone +thirty-two unfortunate wretches.[63] The diseases, thus started, often +spread after the settlers had reached their new homes, and under +favoring conditions, developed into terrible epidemics.[64] + +Less deadly than the "sicknesse", but still greatly to be dreaded, was +the hostility of the Indians.[65] The natives, resentful at the attempt +of the white men to establish themselves in their midst, proved a +constant menace to the colony. Their superstitious awe of the strange +newcomers, and their lack of effective weapons alone prevented untiring +and open war. Jamestown was but a few days old when it was subjected to +a violent assault by the savages. On the twentieth day of May, 1607, the +colonists, while at work without their arms in the fields, were attacked +by several hundred Indians. In wild dismay they rushed into the fort, +while the savages followed at their heels. "They came up allmost into +the ffort, shot through the tents, appeared in this Skirmishe (which +lasted hott about an hower) a very valient people." The guns of the +ships came to the aid of the English and their thunders struck dismay +into the hearts of the savages. Yet they retired without panic, taking +with them their dead and wounded. Four of the Council, standing in the +front ranks, were wounded by the natives, and President Wingfield, while +fighting valiently, had an arrow shot through his beard, "yet scaped +hurte".[66] + +A few days after this event a gentleman named Clovell came running into +the fort with six arrows sticking in him, crying, "Arm, arm". He had +wandered too far from the town, and the Indians, who were still prowling +near, shot him from ambush. Eight days later he died.[67] Thus at the +very outset, the English learned the nature of the conflict which they +must wage against the Indians. In open fight the savages, with their +primitive weapons, were no match for them, but woe to any of their +number that strayed far from the fort, or ventured into the long grass +of the mainland. So frequently were small parties cut off, that it +became unsafe for the English to leave their settlements except in +bodies large enough to repel any attack.[68] + +The epidemics and the wars with the Indians conspired to bring upon the +colony still another horrible scourge. The constant dread of attack in +the fields and the almost universal sickness made it impossible for the +settlers to raise crops sufficient for their needs. During the summer of +1607 there were at one time scarce five able men at Jamestown, and these +found it beyond their power even to nurse the sick and bury the dead. +And in later years, when corn was planted in abundance, the stealthy +savages often succeeded in cutting it down before it could be harvested. +There can be no surprise then that famines came at frequent intervals to +add to the misery of the ill-fated colonists. The most terrible of these +visited Virginia in the winter of 1609-10. Smith's Historie gives a +graphic account of the suffering during those fearful months. Those that +escaped starvation were preserved, it says, "for the most part, by +roots, herbes, acornes, walnuts, berries, now and then a fish: they that +had starch in these extremities, made no small use of it; yea, even the +very skinnes of our horses. Nay, so great was our famine, that a Salvage +we slew and buried, the poorer sort took him up againe and eat him; and +so did divers one another boyled and stewed with roots and herbs: And +one amongst the rest did kill his wife, powdered her, and had eaten part +of her before it was knowne; for which hee was executed, as hee well +deserved.... This was the time, which to this day we call the starving +time; it were too vile to say, and scarce to be believed, what we +endured."[69] + +The misery of the wretched settlers in time of famine is vividly +described in a letter written in 1623 by a servant to his parents. The +people, he said, cried out day and night, "Oh that they were in England +without their limbs ... though they begged from door to door". He +declared that he had eaten more at home in a day than was now allowed +him in a week, and that his parents had often given more than his +present day's allowance to a beggar at the door. Unless the ship _Sea +Flower_ came soon, with supplies, his master's men would have but half a +penny loaf each a day for food, and might be turned away to eat bark off +the trees, or moulds off the ground. "Oh," he said, "that you did see my +daily and hourly sighs, groans, tears and thumps that I afford mine own +breast, and rue and curse the time of my birth and with holy Job I +thought no head had been able to hold so much water as hath and doth +daily flow from mine eyes."[70] + +Thus was the immigrant to Virginia beset on all sides with deadly +perils. If he escaped the plague, the yellow fever and the scurvy during +his voyage across the Atlantic, he was more than apt to fall a victim to +malaria or dysentery after he reached his new home. Even if he survived +all these dangers, he might perish miserably of hunger, or be butchered +by the savage Indians. No wonder he cursed the country, calling it "a +miserie, a ruine, a death, a hell".[71] + +It is remarkable that the enterprise, in the face of these stupendous +difficulties, should ever have succeeded. The explanation lies in the +great enthusiasm of all England for this attempt to extend the British +domains to the shores of the New World, and in the devotion of a few +brave spirits of the London Company, who would not be daunted by +repeated failures. It mattered not to them that thousands of pounds were +lost in the undertaking, that many hundreds of men perished, the +English flag and the English religion must gain a foothold upon the +American continent. + +Sir Thomas Gates found the colony in a pitiable condition. The tomahawk +of the Indians, famine and pestilence had wrought terrible havoc with +the settlers. A mere handful of poor wretched men were left to welcome +the newcomers and to beg eagerly to be taken away from the ill-fated +country. The town "appeared rather as the ruins of some auntient +fortification, then that any people living might now in habit it: the +pallisadoes he found tourne downe, the portes open, the gates from the +hinges, the church ruined and unfrequented.... Only the block house ... +was the safetie of the remainder that lived: which yet could not have +preserved them now many days longer from the watching, subtile, and +offended Indians."[72] + +Nor was it in the power of Gates to remedy these conditions, for he had +brought with him from Devil's Island but a limited supply of provisions. +So, with great reluctance, the Lieutenant-Governor decided to abandon +Virginia rather than sacrifice his people. As the colonists climbed +aboard the vessels which were to take them from the scene of their +sufferings, they would have set fire to the town had not Gates prevented +with his soldiers. He, himself, "was the last of them, when, about noon, +giving a farewell with a peale of small shott, he set sayle, and that +night, with the tide, fell down ... the river."[73] + +But it was not destined that this enterprise, which was of such +importance to the English nation, should be thus abandoned. In April, +1610, De la Warr, the Lord Governor, had sailed for Virginia with three +vessels, about a hundred and fifty immigrants and supplies for the +relief of the colony.[74] Reaching Cape Comfort June the sixteenth, he +learned from a small party there of the intended desertion of Jamestown. +Immediately he sent a pinnace up the river to meet Gates, advise him of +his arrival and to order his return to the abandoned town. Upon +receiving these welcome tidings, Gates bore "up the helm" for Jamestown, +and the same night landed all his men.[75] Soon after, the Governor +reached the town and took formal possession of the government. + +De la Warr began his administration by listening to a sermon from the +good pastor, Mr. Buck. He then made an address to the people, "laying +some blames on them for many vanities and their idleness", and +promising, if occasion required, to draw the sword of justice.[76] + +The Governor was not unrestrained in his authority over the colonists, +for he was to "rule, punish, pardone and governe according to such +directions" as were given him by the London Company. In case of +rebellion or mutiny he might put into execution martial law. In matters +not covered by his instructions he was to "rule and governe by his owne +discretion or by such lawes" as he should think fit to establish.[77] +The Council, which had formerly been all-powerful, was now but an +advisory body, appointed by the Governor and removable at his +discretion. De la Warr chose for his Council Sir Thomas Gates, Sir +George Somers, Captain George Percy, Sir Ferdinando Weinman, Captain +Christopher Newport and William Strachey, Esquire.[78] + +Forgetting their former quarrels and factions, the people united in a +zealous effort to serve their noble Governor. "You might shortly behold +the idle and restie diseases of a divided multitude, by the unity and +authority of the government to be substantially cured. Those that knew +not the way to goodnes before, but cherished singularity and faction, +can now chalke out the path of all respective dutie and service."[79] + +For a while peace and prosperity seemed to have come at last to the +little colony. All set to work with a good will to build comfortable +houses and to repair the fort. The chapel was restored. The Governor +furnished it with a communion table of black walnut and with pews and +pulpit of cedar. The font was "hewn hollow like a canoa". "The church +was so cast, as to be very light within and the Governor caused it to +be kept passing sweet and trimmed up with divers flowers." In the +evening, at the ringing of the bell, and at four in the afternoon, each +man addressed himself to prayer.[80] "Every Sunday, when the Lord +Governor went to Church he was accompanied with all the Councillors, +Captains, other officers, and all the gentlemen, and with a guard of +fifty Halberdiers in his Lordships Livery, fair red cloaks, on each side +and behind him. The Lord Governor sat in the choir, in a green velvet +chair, with a velvet cushion before him on which he knelt, and the +Council, captains, and officers, on each side of him."[81] + +But the misfortunes of the colony were far from being at an end. The +principal causes of disaster had not yet been removed. Before many weeks +had passed the "sickly season" came on, bringing the usual accompaniment +of suffering and death. "Not less than 150 of them died of pestilent +diseases, of callentures and feavors, within a few months after" Lord De +la Warr's arrival.[82] So universal was the sickness among the newcomers +that all the work had to be done by the old settlers, "who by use weare +growen practique in a hard way of livinge".[83] + +The war with the Indians continued without abatement, causing constant +alarm to the settlers and keeping them closely confined to their forts. +At one time fourteen were treacherously massacred by the Queen of +Appomattox. The English revenged themselves by attacking the savages, +burning their villages and destroying their crops, but they could not +force them into friendly relations.[84] + +Lord De la Warr, himself, was assailed by a series of maladies, that +came near costing him his life. "Presently after my arrival in James +Town," he wrote, "I was welcomed by a hot and violent Ague, which held +mee a time.... That disease had not long left mee, till ... I began to +be distempered with other greevous sickness, which successively & +severally assailed me: for besides a relapse into the former disease; +... the Flux surprised me, and kept me many daies: then the cramp +assaulted my weak body, with strong paines; & afterward the Gout +afflicted me in such sort, that making my body through weaknesse unable +to stirre, ... drew upon me the disease called Scurvy ... till I was +upon the point to leave the world."[85] Realizing that it would be fatal +for him to remain longer in Virginia, the Lord Governor set sail with +Captain Argoll for the West Indies, where, he hoped, he would recover +his health.[86] As Gates had left the colony some months before, the +government fell into the experienced hands of Captain George Percy.[87] + +In the meanwhile the London Company, undismayed by their former +failures, were preparing a new expedition, which they hoped would +establish the colony upon a firm footing. Three hundred immigrants, +carefully selected from the better class of working men, were assembled +under the command of Sir Thomas Dale, and, on March the twenty-seventh, +1611, embarked for Virginia. Upon the arrival of the fleet at Jamestown, +Dale received the letters patent from Captain Percy, and assumed command +of the colony as Deputy for Lord De la Warr.[88] + +The new Governor seems to have perceived at once that the chief source +of disaster had been the location of the settlement upon the Jamestown +peninsula. The small area which this place afforded for the planting of +corn, and the unhealthfulness of the climate rendered it most +undesirable as the site for a colony. Former Governors had refused to +desert the peninsula because of the ease with which it could be defended +against the Indians. But Dale at once began a search for a spot which +would afford all the security of Jamestown, but be free from its many +disadvantages. This he succeeded in finding up the river, some fifty +miles from Jamestown.[89] "I have surveyed," he wrote, "a convenient +strong, healthie and sweet seate to plant the new towne in, from whence +might be no more remove of the principall Seate." This place, which he +named Henrico, was located not far from the point of juncture of the +James and the Appomattox, at what is now called Farrar's Island. Here +the river makes a sweeping curve, forming a peninsula about one square +mile in extent. + +[Illustration: DALE'S SETTLEMENTS ON THE UPPER JAMES] + +In August, 1611, Sir Thomas Gates, returning to assume the command of +the colony, pushed vigorously the work upon the new settlement.[90] Dale +was sent up the river with no less than three hundred men, with +directions to construct houses and fortifications. The settlers, working +with new life and vigor in the more wholesome air of the upper James, +soon rendered the place almost impregnable to attack from the Indians. +They cut a ditch across the narrow neck of the peninsula, and fortified +it with high palisades. To prevent a sudden raid by the savages in +canoes from the other shore, five strong block houses were built at +intervals along the river bank. Behind these defenses were erected a +number of substantial houses, with foundations of brick and frame +superstructures. Soon a town of three streets had been completed, more +commodious and far more healthful than Jamestown.[91] + +When this work had been completed, Dale led a force of men across to the +south bank of the river and took possession of the entire peninsula +lying between the Appomattox and the James. An Indian settlement just +below Turkey Island bend was attacked and destroyed, and the savages +driven away. The English built a palisade over two miles long and +reinforced at intervals with forts and block houses, from the James at +Henrico to the falls of the Appomattox. These fortifications secured +from the attacks of the savages "many miles of champion and woodland", +and made it possible for the English to lay out in safety several new +plantations or hundreds. Dale named the place Bermuda, "by reason of the +strength of the situation". + +Here, for the first time, something like prosperity came to the colony. +Although the "sicknesse" was not entirely eliminated even at Henrico, +the percentage of mortality was greatly reduced. Soon there were in +Virginia several hundred persons that had lived through the fatal months +of June, July and August and were thoroughly "seasoned" or immune to the +native disorders. Not until 1618, when the settlers, in their greed for +land suitable for the cultivation of tobacco, deserted their homes on +the upper James for the marshy ground of the lower country, and new, +unacclimated persons began arriving in great numbers, did the pestilence +again assume its former proportions. + +Thus protected from the ravages of disease and from the assaults of the +savages, Dale's men were able to turn their attention to the cultivation +of the soil. Soon they were producing an annual crop of corn sufficient +to supply their more pressing needs. And it was well for them that they +could become, to some extent, independent of England, for the London +Company, at last discouraged by continued misfortune, was often remiss +in sending supplies. Clothing became exceedingly scarce. Not only were +the gaudy uniforms of De la Warr's time lacking, but many persons were +forced to imitate the savages by covering themselves with skins and +furs.[92] The Company, however, succeeded in obtaining for them from the +King many suits of old armor that were of great value in their wars with +the savages. Coats of mail and steel that had become useless on the +battlefields of Europe and had for years been rusting in the Tower of +London, were polished up and sent to Virginia. Thus, behind the +palisades of Henrico or in the fort at Jamestown one might have seen at +this time soldiers encased in armor that had done service in the days of +Richard III and Henry VII.[93] + +The London Company, when they sent Sir Thomas Gates to Virginia with the +letters patent of 1609, gave directions that the utmost severity should +be used in putting an end to lawlessness and confusion. Gates, who had +fought against the Spaniards in the Netherlands and had the soldier's +dislike of insubordination, was well suited to carry their wishes into +effect. No sooner had he arrived from Devil's Island in 1610 than he +posted in the church at Jamestown certain laws, orders and instructions +which he warned the people they must obey strictly.[94] These laws were +exceedingly severe. It was, for instance, ordered that "every man and +woman daly twice a day upon the first towling of the Bell shall upon the +working daies repaire into the Church, to hear divine Service upon pain +of losing his or her dayes allowance for the first omission, for the +second to be whipt, and for the third to be condemned to the Gallies for +six Months". Again, it was decreed that "no man shall give any +disgracefull words, or commit any act to the disgrace of any person ... +upon paine of being tied head and feete together, upon the guard everie +night for the space of one moneth.... No man shall dare to kill, or +destroy any Bull, Cow, Calfe, Mare, Horse, Colt, Goate, Swine, Cocke, +Henne, Chicken, Dogge, Turkie, or any tame Cattel, or Poultry, of what +condition soever, ... without leave from the Generall, upon paine of +death.... There shall no man or woman ... dare to wash any unclean +linnen ... within the Pallizadoes, ... nor rench, and make clean, any +kettle, pot or pan ... within twenty foote of the olde well ... upon +pain of whipping."[95] + +During the administration of Gates and De la Warr these laws seem not to +have been enforced vigorously, but were utilized chiefly _in +terrorem_.[96] Under Dale and Argoll, however, not only were they put +into merciless operation, but were reinforced with a series of martial +laws, drawn from the code in use among the armies of the Netherlands. + +The Divine, Moral and Martial Laws, as they were called, undoubtedly +brought about good order in the colony, and aided in the establishment +of prosperity, but they were ill suited for the government of free-born +Englishmen. They were in open violation of the rights guaranteed to the +settlers in their charters, and caused bitter discontent and resentment. + +At times they were enforced with odious harshness and injustice. Molina +declared that the Governors were most cruel in their treatment of the +people, often using them like slaves.[97] The Virginia Assembly of 1624 +gives a vivid, though perhaps an exaggerated, picture of the severity of +the government. "The Colony ... remained in great want and misery under +most severe and Cruell lawes sent over in printe," they said, "and +contrary to the express Letter of the Kinge in his most gracious +Charter, and as mercylessly executed, often times without tryall or +Judgment." Many of the people fled "for reliefe to the Savage Enemy, who +being taken againe were putt to sundry deathes as by hanginge, shooting +and breaking uppon the wheele and others were forced by famine to filch +for their bellies, of whom one for steelinge of 2 or 3 pints of oatmeale +had a bodkin thrust through his tounge and was tyed with a chain to a +tree untill he starved, if a man through his sicknes had not been able +to worke, he had noe allowance at all, and soe consequently perished. +Many through these extremities, being weary of life, digged holes in the +earth and there hidd themselves till they famished."[98] In 1612, +several men attempted to steal "a barge and a shallop and therein to +adventure their lives for their native country, being discovered and +prevented, were shot to death, hanged and broken upon the wheel".[99] +There was some criticism in England of the harshness of the laws, but +Sir Thomas Smith, then the guiding spirit of the London Company, +declared that they were beneficial and necessary, "in some cases _ad +terrorum_, and in others to be truly executed".[100] + +As time passed and the population of the colony increased, it became +necessary to extend beyond the confines of Jamestown and Henrico. The +cultivation of tobacco, which was rapidly becoming the leading pursuit +of the people, required more ground than was comprised within the +fortified districts. Even the expansion of the settlement upon the upper +James to other peninsulas along the "Curls of the River" could not +satisfy the demand for arable land. At one time the very streets of +Jamestown were planted with tobacco.[101] Soon the people, despite their +dread of the savages, were deserting their palisades, and spreading out +in search of fertile soil. + +This recklessness brought upon the colony a renewal of the disastrous +epidemics of the earlier period, and exposed the planters to imminent +danger from the savages. Fortunately, however, at this very time the +long sought peace with the Indians was brought about by the romantic +marriage of Pocahontas, the daughter of the powerful chief Powhatan, +with Captain John Rolfe. + +In the spring of 1613 Sir Samuel Argoll, while cruising in the +Rappahannock in quest of corn, learned from the natives that the +princess was visiting Japazaws, a neighboring king, at his village upon +the Potomac. Argoll at once resolved to capture the daughter of the +greatest enemy of the white men, and to hold her until all the tools and +weapons stolen by the Indians had been returned.[102] Hastening into the +country of the Potomacs, he demanded the maid of Japazaws. The king, +fearing the hostility of the English more than the anger of Powhatan, +consented, although with great reluctance, and she was placed aboard +Argoll's ship. + +The news of the capture of his favorite child filled Powhatan with rage +and grief. Imploring Argoll to do Pocahontas no harm, he promised to +yield to all his demands and to become the lasting friend of the white +men.[103] He liberated seven captives and sent with them "three pieces, +one broad Axe, and a long whip-saw, and one canow of Corne".[104] +Knowing that these did not constitute all the tools in the hands of the +king, the English refused to relinquish Pocahontas, but kept her a +prisoner at Jamestown.[105] + +The young princess was treated with consideration and kindness by +Governor Dale. Her gentle nature, her intelligence and her beauty won +the respect and love of the sternest of her captors. Dale himself +undertook to direct her education. "I was moved," he exclaimed, "by her +desire to be taught and instructed in the knowledge of God, her +capableness of understanding, her aptness and willingness to receive any +good impression.... I caused her to be carefully instructed in the +Christian religion, who, after she had made some good progress therein, +renounced publicly her Country's idolatry; openly confessed her +Christian faith; and was, as she desired, baptized."[106] + +Before many months had passed the charm of this daughter of the American +forest had inspired a deep love in the breast of Captain John Rolfe. +This worthy gentleman, after struggling long against a passion so +strange and unusual, wrote Dale asking permission to wed the princess. I +am not ignorant, he said "of the inconvenience which may ... arise ... +to be in love with one whose education hath bin rude, her manners +barbarous, her generation accursed".[107] But I am led to take this +step, "for the good of the plantation, for the honour of our countrie, +for the glory of God, for my owne salvation, and for the converting to +the true knowledge of God and Jesus Christ, an unbeleeving creature, +like Pokahuntas. To whom my heartie and best thoughts are, and have a +long time bin so intangled, and inthralled in so intricate a laborinth, +that I was awearied to unwinde myselfe thereout."[108] + +Dale, overjoyed at this opportunity to secure the friendship of the +Indians, consented readily to the marriage. Powhatan, too, when he +learned of his daughter's affection for Captain Rolfe, expressed his +approval of the union, and sent Apachisco, an uncle of the bride, and +two of her brothers to represent him at the ceremony. + +Both English and Indians regarded this wedding as a bond of friendship +between the two races. Apachisco, acting as deputy for Powhatan, +concluded with Governor Dale a peace which lasted eight years and was +fairly well kept by both parties.[109] "Besides this," wrote Captain +Ralph Hamor, "we became in league with our next neighbors, the +Chicahamanias, a lustie and daring people, free of themselves. These +people, as soone as they heard of our peace with Powhatan, sent two +messengers with presents to Sir Thomas Dale and offered ... their +service."[110] Thus was one of the greatest menaces to the prosperity +of the colony removed. Now the settlers could cultivate the soil, or +hunt and fish without fear of the treacherous savage, and leave their +cattle to range in comparative safety. John Rolfe himself wrote, "The +great blessings of God have followed this peace, and it, next to him, +hath bredd our plentie--everie man sitting under his fig tree in safety, +gathering and reaping the fruits of their labors with much joy and +comfort."[111] + +In 1616 Sir Thomas Dale, who had been in command of the colony since the +departure of Gates in 1614, returned to England, leaving the government +in the hands of Captain George Yeardley. Despite the harshness and +cruelty of Dale and Gates, they must be credited with obtaining the +final success of the colony. These two stern soldiers of the Dutch wars +had found the settlers dispirited, reduced in numbers, fighting a losing +battle against pestilence, starvation and the savages. By their rigid +discipline and able leadership they had brought unity and prosperity, +had taught the people how to resist the sickness, and had secured a long +peace with the Indians.[112] Dale left about three hundred and fifty +persons in Virginia, most of them thoroughly acclimated and busily +engaged in building up prosperity for the colony. + +Tobacco was already becoming the staple product of Virginia. As early as +1612 Captain Rolfe had been experimenting with the native leaf, in an +effort to make it suitable for the English market.[113] In 1613 he sent +a part of his crop to London, where it was tested by experts and +pronounced to be of excellent quality.[114] The colonists were greatly +encouraged at the success of the venture, for the price of tobacco was +high, and its culture afforded opportunities for a rich return. Soon +every person that could secure a little patch of ground was devoting +himself eagerly to the cultivation of the plant. It even became +necessary for Dale to issue an order that each man should "set two acres +of ground with corn", lest the new craze should lead to the neglect of +the food supply.[115] In 1617 _The George_ sailed for England laden +with 20,000 pounds of tobacco, which found a ready market at five +shillings and three pence a pound. John Rolfe's discovery was opening +for Virginia a veritable gold mine. + +Fortunately the King, in 1612, had granted the Company an exemption for +seven years from custom duties upon goods brought from the colony. So, +for a while, at least, the Crown could not appropriate to its own use +the profits from the Virginia tobacco. Since, however, the exemption had +only a few years more to run, the Company hastened to secure what +immediate returns were available. They took from the planters the entire +crop, giving them for it three pence per pound, while they themselves +were able to obtain a much larger price from the English dealers. + +The profits thus secured were at once utilized in new measures for +increasing and strengthening the colony. Encouraged by the discovery in +Virginia of so profitable a commodity, the Company became convinced that +now at last success was at hand. "Broadsides" were sent out to the +British people, depicting in glowing terms the advantages of the +country, and asking for immigrants and for financial support. Once more +a wave of enthusiasm for the enterprise swept over England. Money was +contributed liberally. The clergy, interested in the spread of the +Anglican Church, and in the conversion of the savages, worked ardently +for the success of the colony. Soon vessel after vessel was being fitted +out for the voyage across the Atlantic, and hundreds of artisans and +laborers were preparing to risk their all in the New World.[116] + +FOOTNOTES: + +[1] F. R., pp. 21, 22. + +[2] F. R., p. 23. + +[3] Arb. Smith, lxi-lxii. + +[4] Gen., p. 55. + +[5] Gen., p. 56. + +[6] Gen., pp. 55, 70, 73. + +[7] Gen., p. 77. + +[8] Gen., p. 67. + +[9] Gen., pp. 342, 411. + +[10] Gen., p. 77. + +[11] Arb. Smith, p. 91. + +[12] Arb. Smith, p. 91. + +[13] Arb. Smith, p. 91; F. R., pp. 27, 32. Smith denied the justice of +these charges. "Now Captaine Smith, who all this time from their +departure from the Canaries, was restrained as a prisoner, upon the +scandalous suggestions of some of the chiefe (envying his repute); who +fained he intended to ursurpe the government, murder the Councell, and +make himself king; that his confederats were dispearsed in all the three +ships, and that divers of his confederats that revealed it, would +affirme it: for this he was committed." Arb. Smith, p. 92. + +[14] Arb. Smith, liii. + +[15] Arb. Smith, liv. + +[16] F.R., p. 39. + +[17] Arb. Smith, lxxvii. + +[18] Arb. Smith, lxxvi. + +[19] Arb. Smith, lxxix. + +[20] Arb. Smith, lxxxi. + +[21] Arb. Smith, lxxxiv. + +[22] Arb. Smith, lxxxiv. + +[23] Arb. Smith, lxxxv. + +[24] Arb. Smith, lxxxv. + +[25] F. R., p. 54. + +[26] Arb. Smith, lxxxvi. + +[27] Arb. Smith, lxxxvi. + +[28] F. R., p. 58. + +[29] Arb. Smith, pp. 114, 115. + +[30] Arb. Smith, p. 119. + +[31] Arb. Smith, p. 121; F. R., p. 61. + +[32] F. R., p. 68; Arb. Smith, p. 122. + +[33] Arb. Smith, p. 122. + +[34] Arb. Smith, p. 444. + +[35] F. R., 70. + +[36] F. R., 71. + +[37] F. R., p. 73. + +[38] F. R., p. 73. + +[39] F. R., p. 80. + +[40] F. R., p. 84. + +[41] F. R., p. 84. + +[42] Gen., pp. 1329, 1330, 346, 400; Force, III; Arb. Smith, p. 635. + +[43] F. R., p. 93. + +[44] Gen., pp. 331, 347. + +[45] Gen., pp. 331, 332; F. R., p. 98. + +[46] Arb. Smith, p. 484. + +[47] Ratcliffe wrote the Earl of Salisbury, "This man is sent home to +answere some misdemenors, whereof I perswade me he can scarcely clear +himselfe from great imputation of blame." Gen., p. 334. + +[48] F. R., p. 108. + +[49] F. R., p. 115. + +[50] F. R., p. 117. + +[51] Gen., p. 84. + +[52] Arb. Smith, p. 5. + +[53] Arb. Smith, lxxii. + +[54] F. R., p. 55. + +[55] Nar. of Va., p. 146. + +[56] Many of these, however, died of starvation or were killed by the +Indians. Nar. of Va., p. 200. + +[57] Nar. of Va., p. 212. + +[58] Nar. of Va., p. 220; Gen., p. 648. + +[59] Va. Car. + +[60] Hen., Vol. I; Gen., p. 499. + +[61] Proceedings of Va. Co., p. 171. + +[62] Gen., p. 489. + +[63] Gen., p. 329. + +[64] F. R., p. 98. + +[65] Gen., p. 503. + +[66] Arb. Smith, lii. + +[67] Arb. Smith, liii. + +[68] Force, Vol. III, Tract I, p. 17; Gen., p. 405, 419, 456. + +[69] Force, Vol. III, Tract I, p. 17; Nar. of Va., p. 295; Gen., pp. +330, 392, 401, 404, 456. + +[70] Va. Vet. + +[71] Nar. of Va., p. 117. + +[72] Gen., p. 405. + +[73] Gen., p. 406; Force, Vol. III, Tract I, p. 18. + +[74] F. R., p. 127. + +[75] F. R., p. 128; Force, Vol. III, Tract I, p. 19; Gen., p. 407. + +[76] Gen., p. 407. + +[77] Gen., p. 379. + +[78] F. R., p. 131. + +[79] Force, Vol. III, Tract I, p. 20. + +[80] F. R., pp. 129, 130. + +[81] F. R., p. 130. + +[82] F. R., p. 134. + +[83] F. R., p. 134. + +[84] F. R., pp. 135, 136. + +[85] Gen., p. 479. + +[86] Gen., p. 480. + +[87] F. R., p. 137. + +[88] F. R., p. 137. + +[89] Gen., p. 492; Arb. Smith, p. 507; F. R., p. 150. + +[90] Gen., p. 474. + +[91] Arb. Smith, pp. 509, 510; F. R., p. 157; Cradle of Rep., p. 136. + +[92] F. R., p. 226. + +[93] F. R., p. 172. + +[94] F. R., p. 126; Gen., pp. 342, 345, 528, 529; Force, Vol. III, Tract +II, pp. 9-19. + +[95] Force, Vol. III, Tract II, pp. 9-19. + +[96] Bruce, Inst. Hist., Vol. I, p. 474. + +[97] Gen., p. 648. + +[98] Nar. of Va., pp. 422, 423. + +[99] F. R., pp. 148, 172. + +[100] Gen., pp. 529, 530. + +[101] Bruce, Ec. Hist., Vol. I, p. 222. + +[102] Gen., p. 642. + +[103] Gen., p. 643. + +[104] Gen., pp. 643, 644. + +[105] Nar. of Va., p. 308. + +[106] Arb. Smith, p. 512. + +[107] Nar. of Va., p. 241. + +[108] Nar. of Va., pp. 240, 241. + +[109] F. R., p. 205; Arb. Smith, p. 514. + +[110] Arb. Smith, p. 515. + +[111] F. R., p. 226. + +[112] F. R., pp. 230, 236. + +[113] Bruce, Ec. Hist., Vol. I, p. 211. + +[114] F. R., p. 197; Bruce, Ec. Hist., Vol. I, p. 217. + +[115] F. R., p. 228; Gen., p. 782. + +[116] F. R., p. 209. + + + + +CHAPTER II + +THE ESTABLISHMENT OF REPRESENTATIVE GOVERNMENT + + +King James I, from the beginning of his reign, was deeply desirous of +planting the English nation upon the shores of the New World. It was +with envy and alarm that he witnessed the extension of the power of +Spain and of the Roman Catholic church across the Atlantic, while his +own subjects were excluded from a share in the splendid prize. He must +have perceived clearly that if the English wished to maintain their +position as a great naval and mercantile people, the establishing of +colonies in America was imperative. Peru, Mexico and the West Indies +added greatly to the wealth and power of the Spanish King; why should +England not attempt to gain a foothold near these countries, before it +became too late? + +But James had no desire to arouse the hostility of Philip III. Despite +religious differences, despite the hatred of the English for the +Spaniards, he had reversed the policy of Elizabeth by cultivating the +friendship of these hereditary enemies. And so wedded was he to this +design, that later, when his son-in-law, Frederick of the Palatinate, +was being overwhelmed by a coalition of Catholic nations, he refused to +affront Spain by coming to his rescue. Yet he knew that Philip +considered America his own, and would resent any attempt of the English +to establish colonies on its shores. So the crafty James resolved to +disguise the founding of a royal colony under the guise of a private +venture.[117] If the Spaniards complained of the occupation of their +territory, he could free himself from blame by placing the +responsibility upon the London Company. "If it take not success," his +advisors told the King, "it is done by their owne heddes. It is but the +attempt of private gentlemen, the State suffers noe losse, noe +disreputation. If it takes success, they are your subjects, they doe it +for your service, they will lay all at your Majesty's feet and interess +your Majesty therein."[118] + +James was quite liberal in granting charters to those that had +undertaken the settlement, and he encouraged them as much as was +consistent with his friendship for Spain. It was truly written of him +after his death, "Amongst the ... workes of the late Kinge, there was +none more eminent, than his gracious inclination ... to advance and sett +forward a New Plantation in the New World."[119] That he was deeply +interested in the undertaking is shown most strikingly by his consent to +the establishment of the Puritans in America. James hated the tenets of +Calvin from the depths of his soul, and could have no desire to see them +infect the English settlements in America, yet his solicitude for the +welfare of the colony induced him to yield to the request of the +Pilgrims for permission to settle there. How much greater was his +foresight than that of Louis XIV, who, by refusing to allow the +persecuted Huguenots to settle in any part of his domains, deprived the +French colonies of what might have been their most numerous and valuable +recruits! When some of the leading men of the London Company pleaded +with James for the Puritans, the King lent a ready ear. He was asked to +allow them "liberty of conscience under his ... protection in America; +where they would endeavour the advancement of his Majesty's dominions, +and the enlargement of the interests of the Gospel". James replied that +it was "a good and honest motion". He refused to tolerate them by public +authority and would not confirm under the broad seal their petition for +leave to worship as they chose, but he let it be understood that they +were not to be molested in their new homes in any way.[120] And in this +promise they finally decided to put their trust, feeling that "if +afterwards there should be a purpose or desire to wrong them, though +they had a seale as broad as ye house flore, it would not serve ye turn; +for ther would be means a new found to recall or reverse it".[121] + +But the chief glory of the establishment of the English in America must +be given to the patriotic and persevering men of the Virginia Company. +It is erroneous and unjust to accuse them of mean and mercenary motives +in founding and maintaining the colony at Jamestown. Some of them, +perhaps, were dazzled with visions of a rich harvest of gold and silver, +but most must have realized that there was small chance of remuneration. +Many were merchants and business men of great foresight and ability, and +it is quite evident that they were fully aware of the risks of the +undertaking in which they ventured their money. What they did hope to +gain from the colony was the propagation of the English Church, the +extension of the English nation and its institutions, and the increase +of British trade. + +Over and over again it was asserted that the first object of the +enterprise was to spread the Christian religion. In 1610 the London +Company declared it their especial purpose "to preach and baptize ... +and by propagation of the Gospell, to recover out of the armes of the +Divell, a number of poore and miserable soules, wrapt up unto death, in +almost invincible ignorance".[122] The first draft of the Virginia +charter of 1606 declared that the leading motive of this "noble work", +was "the planting of Christianity amongst heathens".[123] The charter of +1609 asserted that the "principle effect, which we can desire or expect +of this action, is the conversion and reduction of the people in those +parts unto the true worship of God".[124] + +That they were also actuated by a desire to extend the British +possessions and trade is attested by numerous documents and letters. The +Company declared it their purpose to promote the "honor and safety of +the Kingdome, the strength of our Navy, the visible hope of a great and +rich trade".[125] One of the leading shareholders wrote that the colony +should be upheld for "ye Honor and profitt to our Nation, to make +provinciall to us a land ready to supply us with all necessary +commodytyes wanting to us: In which alone we suffer ye Spanish +reputation and power to swell over us."[126] The colonists themselves +declared that one of the objects of the settlement of America was the +extension of British territory and the enriching of the kingdom, "for +which respects many noble and well minded persons were induced to +adventure great sums of money to the advancement of so pious and noble a +worke".[127] + +The Company, in fact, did no more than take the lead in the work. It was +really the English nation that had decided to second their King in +gaining a foothold in America, and it was they that insisted that this +foothold should not be relinquished. Again and again the London Company +appealed to the people for support, and never without success, for all +classes of Englishmen felt that they were interested in this new +venture. The spirit of the nation is reflected in the statement of the +Council for Virginia in 1610, that the Company "are so farre from +yielding or giving way to any hindrance or impeachment ... that many ... +have given their hands and subscribed to contribute againe and againe to +new supplies if need require".[128] + +But although James I and his people were agreed as to the necessity of +extending the English nation to America, they were not in accord in +regard to the form of government which should be established there. The +King, who was always restive under the restraint placed upon him by the +English Parliament, had no desire to see the liberal institutions of the +mother country transplanted to Virginia. He wished, beyond doubt, to +build a colonial empire which should be dependent upon himself for its +government and which should add to the royal revenues. In this way he +would augment the power of the Crown and render it less subject to the +restraint of Parliament. But to found colonies that would set up little +assemblies of their own to resist and thwart him, was not at all his +intention. + +On the other hand, many of the leading spirits of the London Company +hoped "to establish a more free government in Virginia".[129] Some, +perhaps, feared that the liberties of the English people might be +suppressed by the King, and they looked hopefully to this new land as a +haven for the oppressed. "Many worthy Patriots, Lords, Knights, +gentlemen, Merchants and others ... laid hold on ... Virginia as a +providence cast before them."[130] In the meetings of the Company were +gathered so many that were "most distasted with the proceedings of the +Court, and stood best affected to Religion and Liberty", that James +began to look upon the body as a "Seminary for a seditious +Parliament".[131] + +The leader of these liberals was Sir Edwin Sandys. This man, who was +widely known as an uncompromising enemy of despotism, was heartily +detested by the King.[132] In his youth he had gone to Geneva to study +the reformed religion and while there had become most favorably +impressed with the republican institutions of the little Swiss state. He +was afterwards heard to say that "he thought that if God from heaven did +constitute and direct a forme of government on Earth it was that of +Geneva".[133] Returning to England, he had entered Parliament, where he +had become known as an eminent advocate of liberal principles. He had +contended for the abolition of commercial monopolies; had demanded that +all accused persons be given the assistance of counsel; had denounced +many of the unjust impositions of the Crown; had raised "his voice for +the toleration of those with whom he did not wholly agree"; and had +aided in drawing up the remonstrance against the conduct of James +towards his first Parliament.[134] + +But Sandys and his friends were not without opposition in the London +Company. Many of the "adventurers", as the stockholders were called, +were by no means willing to permit the liberal party to utilize the +Company as an instrument for propagating their political tenets. The +great struggle between the forces of progress and reaction that was +convulsing Parliament and the nation, was fought over again in the +Quarter Courts. At times the meetings resounded with the quarrels of the +contending factions. Eventually, however, Sandys was victorious, and +representative government in America was assured. + +Sandys seems to have planned to secure from the King successive charters +each more liberal than its predecessor, and each entrusting more fully +the control of the colony to the Company. This could be done without +arousing the suspicions of James under the pretext that they were +necessary for the success of the enterprise. When at length sufficient +power had been delegated, Sandys designed to establish in Virginia a +representative assembly, modelled upon the British Parliament. + +Under the provisions of the charter of 1606 Virginia had been, in all +but form, a royal colony. The King had drawn up the constitution, had +appointed the Council in England, and had controlled their policies. +This charter had granted no semblance of self-government to the +settlers. But it was declared "They shall have and enjoy all the +liberties, franchises, and immunities ... to all intents and purposes, +as if they had been abiding and born, within ... this realm of +England".[135] This promise was not kept by the Kings of England. +Several of the provisions of the charter itself were not consistent with +it. In later years it was disregarded again and again by the royal +commissions and instructions. Yet it was of the utmost importance, for +it set a goal which the colonists were determined to attain. Throughout +the entire colonial period they contended for all the rights of native +Englishmen, and it was the denial of their claim that caused them to +revolt from the mother country and make good their independence. +Provision had also been made for trial by jury. James had decreed that +in all cases the Council should sit as a court, but in matters of +"tumults, rebellion, conspiracies, mutiny, and seditions ... murther, +manslaughter", and other crimes punishable with death, guilt or +innocence was to be determined by a jury of twelve. To what extent the +Council made use of the jury system it is impossible to say, but +Wingfield states that on one occasion he was tried before a jury for +slander, and fined £300.[136] + +The second charter had been granted in 1609. This document is of great +importance because through it the King resigned the actual control of +the colony into the hands of the Virginia Company. And although this did +not result immediately in the establishment of representative +government, it strengthened the hands of Sandys and made it possible for +him to carry out his designs at a future date. Under this charter the +Company might have set up liberal institutions at once in Virginia, but +conditions were not ripe, either in England or in America, for so +radical a change. + +In 1612 the third charter had been granted. This had still further +strengthened the Company and made them more independent of the King. It +gave them the important privilege of holding great quarterly meetings or +assemblies, where all matters relating to the government of the colony +could be openly discussed. Still Virginia remained under the autocratic +rule of Dale and Gates. + +In 1617 or 1618, however, when the liberals were in full control of the +Company, it was decided to grant the colonists the privilege of a +parliament.[137] In April, 1618, Lord De la Warr sailed for Virginia to +reassume active control of affairs there, bringing with him instructions +to establish a new form of government. What this government was to have +been is not known, but it was designed by Sir Edwin Sandys, and beyond +doubt, was liberal in form.[138] Possibly it was a duplicate of that +established the next year by Governor Yeardley. Most unfortunately, Lord +De la Warr, whose health had been shattered by his first visit to +Virginia, died during the voyage across the Atlantic, and it became +necessary to continue the old constitution until the Company could +appoint a successor.[139] + +In November, 1618, George Yeardley was chosen Governor-General of +Virginia, and was intrusted with several documents by whose authority he +was to establish representative government in the colony.[140] These +papers, which became known as the Virginia Magna Charta, were the very +corner-stone of liberty in the colony and in all America. Their +importance can hardly be exaggerated, for they instituted the first +representative assembly of the New World, and established a government +which proved a bulwark against royal prerogative for a century and a +half. + +Governor Yeardley sailed from England January, 1619, and reached +Virginia on the 29th of April. After some weeks of preparation, he +issued a general proclamation setting in operation the Company's orders. +It was decreed, "that all those who were resident here before the +departure of Sir Thomas Dale should be freed and acquitted from such +publique services and labors which formerly they suffered, and that +those cruel laws by which we had so long been governed were now +abrogated, and that now we were to be governed by those free laws which +his Majesty's subjects live under in Englande.... And that they might +have a hand in the governing of themselves, it was granted that a +General Assembly should be held yearly once, whereat were to be present +the Governor and Counsell, with two Burgesses from each plantation +freely to be elected by the inhabitants thereof; this Assembly to have +power to make and ordaine whatsoever lawes and orders should by them be +thought good and proffittable for our subsistence."[141] + +The exact date of the election for Burgesses is not known.[142] The +statement that the representatives were to be "chosen by the +inhabitants" seems to indicate that the franchise was at once given to +all male adults, or at least to all freemen. "All principall officers in +Virginia were to be chosen by ye balloting box." From the very first +there were parties, and it is possible that the factions of the London +Company were reflected at the polls in the early elections. The Magna +Charta made provision for the establishment of boroughs, which were to +serve both as units for local government and as electoral districts. No +attempt was made to secure absolute uniformity of population in the +boroughs, but there were no glaring inequalities. With the regard for +the practical which has always been characteristic of Englishmen, the +Company seized upon the existing units, such as towns, plantations and +hundreds, as the basis of their boroughs. In some cases several of these +units were merged to form one borough, in others, a plantation or a town +or a hundred as it stood constituted a borough. As there were eleven of +these districts and as each district chose two Burgesses, the first +General Assembly was to contain twenty-two representatives.[143] + +The Assembly convened at Jamestown, August 9th, 1619. "The most +convenient place we could finde to sitt in," says the minutes, "was the +Quire of the Churche Where Sir George Yeardley, the Governor, being sett +down in his accustomed place, those of the Counsel of Estate sate nexte +him on both hands excepte onely the Secretary then appointed Speaker, +who sate right before him, John Twine, the clerk of the General +Assembly, being placed nexte the Speaker, and Thomas Pierse, the +Sergeant, standing at the barre, to be ready for any service the +Assembly shoulde comand him. But forasmuche as men's affaires doe little +prosper where God's service is neglected, all the Burgesses tooke their +places in the Quire till a prayer was said by Mr. Bucke, the +Minister.... Prayer being ended,... all the Burgesses were intreatted to +retyre themselves into the body of the Churche, which being done, before +they were fully admitted, they were called in order and by name, and so +every man tooke the oathe of Supremacy and entered the Assembly."[144] + +The body at once claimed and made good its right to exclude Burgesses +who they thought were not entitled to seats. The Speaker himself raised +an objection to admitting the representatives of Warde's plantation, +because that settlement had been made without a commission from the +London Company. But Captain Warde promised to secure a patent as soon as +possible, and the objection was waived. The Assembly refused absolutely, +however, to seat the Burgesses from Martin's Hundred. Captain Martin had +been one of the first Council for Virginia, and as a reward for his long +services had been granted privileges that rendered him almost +independent of the government at Jamestown. He was summoned before the +Assembly and requested to relinquish these extraordinary rights, but he +refused to do so. "I hold my patent," he said, "for my service don, +which noe newe or late comer can meritt or challenge."[145] So the +Assembly, feeling that it would be mockery to permit the Burgesses from +Martin's Hundred to assist in the making of laws which their own +constituents, because of their especial charter, might with impunity +disobey, refused to admit them.[146] + +The legislative powers granted the Virginia Assembly in the Magna +Charta, and continued with slight alterations after the revocation of +the charter of the London Company, were very extensive. The Assembly +could pass laws dealing with a vast variety of matters appertaining to +the safety and welfare of the colony. Statutes were enacted in the +session of 1619 touching upon Indian affairs, the Church, land patents, +the relations of servants and landlords, the planting of crops, general +morality in Virginia, the price of tobacco, foreign trade, etc. The +collected laws of the entire colonial period fill many volumes, and +cover a vast variety of subjects. But there were three things which +limited strictly the Assembly's field of action. They must pass no +statutes contravening first, the laws of England; secondly, the +charters; thirdly, the instructions sent them by the London Company. +When the colony passed into the hands of the King, all statutes were +forbidden that conflicted with the charters, or with the instructions of +the Crown. These restrictions lasted during the entire colonial period, +but they were not always carefully regarded. The Company, and later the +King, retained two ways of nullifying legislation which was +unauthorized, or was distasteful to them. First, there was the veto of +the Governor. As the guardian of the interests of England and his +monarch, this officer could block all legislation. Secondly, the +Company, and later the King, could veto laws even though the Governor +had consented to them. + +But the most important power exercised by the Assembly was its control +over taxation in Virginia. In the very first session it made use of this +privilege by ordering, "That every man and manservant of above 16 years +of age shall pay into the handes and Custody of the Burgesses of every +Incorporation and plantation one pound of the best Tobacco".[147] The +funds thus raised were utilized for the payment of the officers of the +Assembly. + +The levy by the poll, here used, was continued for many years, and +became the chief support of the government. As the colony grew, however, +and the need for greater revenues was felt, customs duties and other +forms of taxation were resorted to. Large sums were raised by an export +duty upon tobacco. At times tariffs were placed upon the importation of +liquors, slaves and other articles. But these duties had to be used with +great care, for the carrying of the colony was done chiefly by English +merchants, and Parliament would permit nothing detrimental to their +interests. + +The Assembly claimed the exclusive right to levy general taxes. The +Governor and Council time and again tried to wrest this privilege from +them, but never with success.[148] The Burgesses, realizing that their +hold upon the exchequer was the chief source of their power, were most +careful never to relinquish it. From time to time the Governors sought +to evade this restraint by levying taxes under the guise of fees. But +this expedient invariably excited intense irritation, and yielded a +revenue so small that most Governors thought it best to avoid it +entirely. Of more importance were the quit-rents, a tax on land, paid to +the King by all freeholders. But this was frequently avoided, and, +except at rare intervals, the funds raised by it were left in Virginia +to be expended for local purposes. The greatest blow to the power of the +Burgesses was struck by the King in 1680, when he forced through the +Assembly a law granting to the government a perpetual income from the +export duty on tobacco. This revenue, although not large, was usually +sufficient to pay the Governor's salary, and thus to render him less +dependent upon the Assembly. Finally, it must not be forgotten that the +English government, although it refrained from taxing the colony +directly, imposed an enormous indirect tax by means of a tariff upon +tobacco brought into England. These duties were collected in England, +but there can be no doubt that the incidence of the tax rested partly +upon the Virginia planters. Despite these various duties, all levied +without its consent, the Assembly exercised a very real control over +taxation in Virginia, and used it as an effective weapon against the +encroachments of the Governors. + +From the very first the General Assembly showed itself an energetic and +determined champion of the rights of the people. Time and again it +braved the anger of the Governor and of the King himself, rather than +yield the slightest part of its privileges. During the decade preceding +the English Revolution only the heroic resistance of this body saved the +liberal institutions of the colony from destruction at the hands of +Charles II and James II. + +The General Assembly was not only a legislative body, it was also a +court of justice, and for many years served as the highest tribunal of +the colony. The judicial function was entrusted to a joint committee +from the two houses, whose recommendations were usually accepted without +question. Since this committee invariably contained more Burgesses than +Councillors, the supreme court was practically controlled by the +representatives of the people. During the reign of Charles II, however, +the Assembly was deprived of this function by royal proclamation, and +the judiciary fell almost entirely into the hands of the Governor and +Council. + +The General Assembly consisted of two chambers--the House of Burgesses +and the Council. In the early sessions the houses sat together and +probably voted as one body.[149] Later, however, they were divided and +voted separately. The Burgesses, as time went on, gradually increased in +numbers until they became a large body, but the Council was always +small. + +The Councillors were royal appointees. But since the King could not +always know personally the prominent men of the colony, he habitually +confirmed without question the nominations of the Governor. The members +of the Council were usually persons of wealth, influence and ability. As +they were subject to removal by the King and invariably held one or more +lucrative governmental offices, it was customary for them to display +great servility to the wishes of his Majesty or of the Governor. It was +very unusual for them to oppose in the Assembly any measure recommended +by the King, or in accord with his expressed wishes. Although the +Councillors were, with rare exceptions, natives of Virginia, they were +in no sense representative of the people of the colony. + +As the upper house of the Assembly, the Council exercised a powerful +influence upon legislation. After the separation of the chambers their +consent became necessary for the passage of all bills, even money bills. +Their legislative influence declined during the eighteenth century, +however, because of the growing spirit of liberalism in Virginia, and +the increasing size of the House of Burgesses. + +The executive powers entrusted to the Council were also of very great +importance. The Governor was compelled by his instructions to secure its +assistance and consent in the most important matters. And since the +chief executive was always a native of England, and often entirely +ignorant of conditions in the colony, he was constantly forced to rely +upon the advice of his Council. This tendency was made more pronounced +by the frequent changes of Governors that marked the last quarter of the +seventeenth century. So habitually did the Council exercise certain +functions, not legally within their jurisdiction, that they began to +claim them as theirs by right. And the Governor was compelled to respect +these claims as scrupulously as the King of England respects the +conventions that hedge in and limit his authority. + +Before the end of the seventeenth century the Council had acquired +extraordinary influence in the government. With the right to initiate +and to block legislation, with almost complete control over the +judiciary, with great influence in administrative matters, it +threatened to become an oligarchy of almost unlimited power. + +But it must not be supposed that the influence of the Council rendered +impotent the King's Governor. Great powers were lodged in the hands of +this officer by his various instructions and commissions. He was +commander of the militia, was the head of the colonial church, he +appointed most of the officers, attended to foreign affairs, and put the +laws into execution. His influence, however, resulted chiefly from the +fact that he was the representative of the King. In the days of Charles +I, in the Restoration Period and under James II, when the Stuarts were +combating liberal institutions, both in England and in the colonies, the +Governor exercised a powerful and dangerous control over affairs in +Virginia. But after the English Revolution his power declined. As the +people of England no longer dreaded a monarch whose authority now rested +solely upon acts of Parliament, so the Virginians ceased to fear his +viceroy. + +The powers officially vested in the Governor were by no means solely +executive. He frequently made recommendations to the Assembly, either in +his own name or the name of the King, and these recommendations at times +assumed the nature of commands. If the Burgesses were reluctant to obey, +he had numerous weapons at hand with which to intimidate them and whip +them into line. Unscrupulous use of the patronage and threats of the +King's dire displeasure were frequently resorted to. The Governor +presided over the upper house, and voted there as any other member. +Moreover, he could veto all bills, even those upon which he had voted in +the affirmative in the Council. Thus he had a large influence in shaping +the laws of the colony, and an absolute power to block all legislation. + +Such, in outline, was the government originated for Virginia by the +liberal leaders of the London Company, and put into operation by Sir +George Yeardley. It lasted, with the short intermission of the +Commonwealth Period, for more than one hundred and fifty years, and +under it Virginia became the most populous and wealthy of the English +colonies in America. + +The successful cultivation of tobacco in Virginia, as we have seen, put +new life into the discouraged London Company. The shareholders, feeling +that now at last the colony would grow and prosper, exerted themselves +to the utmost to secure desirable settlers and to equip them properly. +Soon fleets of considerable size were leaving the English ports for +America, their decks and cabins crowded with emigrants and their holds +laden with clothing, arms and farming implements.[150] During the months +from March 1620 to March 1621 ten ships sailed, carrying no less than +1051 persons.[151] In the year ending March, 1622, seventeen ships +reached Virginia, bringing over fifteen hundred new settlers.[152] And +this stream continued without abatement until 1624, when disasters in +Virginia, quarrels among the shareholders and the hostility of the King +brought discouragement to the Company. In all, there reached the colony +from November, 1619, to February, 1625, nearly five thousand men, women +and children.[153] + +Although tobacco culture was the only enterprise of the colony which had +yielded a profit, it was not the design of Sandys and his friends that +that plant should monopolize the energies of the settlers. They hoped to +make Virginia an industrial community, capable of furnishing the mother +country with various manufactured articles, then imported from foreign +countries. Especially anxious were they to render England independent in +their supply of pig iron. Ore having been discovered a few miles above +Henrico on the James, a furnace was erected there and more than a +hundred skilled workmen brought over from England to put it into +operation. Before the works could be completed, however, they were +utterly demolished by the savages, the machinery thrown into the river, +all the workmen slaughtered,[154] and the only return the Company +obtained for an outlay of thousands of pounds was a shovel, a pair of +tongs and one bar of iron.[155] Efforts were made later to repair the +havoc wrought by the Indians and to reëstablish the works, but they came +to nothing. Not until the time of Governor Spotswood were iron furnaces +operated in Virginia, and even then the industry met with a scant +measure of success. + +The Company also made an earnest effort to promote the manufacture of +glass in Virginia. This industry was threatened with extinction in +England as a result of the great inroads that had been made upon the +timber available for fuel, and it was thought that Virginia, with its +inexhaustible forests, offered an excellent opportunity for its +rehabilitation. But here too they were disappointed. The sand of +Virginia proved unsuitable for the manufacture of glass. The skilled +Italian artisans sent over to put the works into operation were +intractable and mutinous. After trying in various ways to discourage the +enterprise, so that they could return to Europe, these men brought +matters to a close by cracking the furnace with a crowbar. George +Sandys, in anger, declared "that a more damned crew hell never +vomited".[156] + +In order to show that they were sincere in their professions of interest +in the spiritual welfare of the Indians, the Company determined to erect +a college at Henrico "for the training up of the children of those +Infidels in true Religion, moral virtue and civility".[157] The clergy +of England were enthusiastic in their support of this good design, and +their efforts resulted in liberal contributions from various parts of +the kingdom.[158] Unfortunately, however, the money thus secured was +expended in sending to the college lands a number of "tenants" the +income from whose labor was to be utilized in establishing and +supporting the institution.[159] As some of these settlers fell victims +to disease and many others were destroyed in the massacre of 1622, the +undertaking had to be abandoned, and of course all thought of converting +and civilizing the savages was given up during the long and relentless +war that ensued. + +Even more discouraging than these failures was the hostility of the King +to the cultivation of tobacco in Virginia, and his restrictions upon its +importation into England. Appeals were made to him to prohibit the sale +of Spanish tobacco, in order that the Virginia planters might dispose of +their product at a greater profit. This, it was argued, would be the +most effective way of rendering the colony prosperous and self +sustaining. But James, who was still bent upon maintaining his Spanish +policy, would not offend Philip by excluding his tobacco from England. +Moreover, in 1621, he issued a proclamation restricting the importation +of the leaf from Virginia and the Somers Isles to fifty-five thousand +pounds annually.[160] This measure created consternation in Virginia and +in the London Company. The great damage it would cause to the colony and +the diminution in the royal revenue that would result were pointed out +to James, but for the time he was obdurate.[161] Indeed, he caused +additional distress by granting the customs upon tobacco to a small +association of farmers of the revenue, who greatly damaged the interests +of the colony. In 1622, James, realizing that his policy in regard to +tobacco was injuring the exchequer, made a compromise with the Company. +The King agreed to restrict the importation of Spanish tobacco to 60,000 +pounds a year, and after two years to exclude it entirely. All the +Virginia leaf was to be admitted, but the Crown was to receive one third +of the crop, while the other two thirds was subjected to a duty of six +pence a pound.[162] This agreement proved most injurious to the Company, +and it was soon abandoned, but the heavy exactions of the King +continued. Undoubtedly this unwise policy was most detrimental to +Virginia. Not only did it diminish the returns of the Company and make +it impossible for Sandys to perfect all his wise plans for the colony, +but it put a decided check upon immigration. Many that would have gone +to Virginia to share in the profits of the planters, remained at home +when they saw that these profits were being confiscated by the +King.[163] + +Yet the strenuous efforts of the London Company would surely have +brought something like prosperity to the colony had not an old enemy +returned to cause the destruction of hundreds of the settlers. This was +the sickness. For some years the mortality had been very low, because +the old planters were acclimated, and few new immigrants were coming to +Virginia. But with the stream of laborers and artisans that the Sandys +régime now sent over, the scourge appeared again with redoubled fury. As +early as January, 1620, Governor Yeardley wrote "of the great +mortallitie which hath been in Virginia, about 300 of ye inhabitants +having dyed this year".[164] The sickness was most deadly in the newly +settled parts of the colony, "to the consumption of divers Hundreds, and +almost the utter destruction of some particular Plantations".[165] The +London Company, distressed at the loss of so many men, saw in their +misfortunes the hand of God, and wrote urging "the more carefull +observations of his holy laws to work a reconciliation".[166] They also +sent directions for the construction, in different parts of the colony, +of four guest houses, or hospitals, for the lodging and entertaining of +fifty persons each, upon their first arrival.[167] But all efforts to +check the scourge proved fruitless. In the year ending March, 1621 over +a thousand persons died upon the immigrant vessels and in Virginia.[168] +Despite the fact that hundreds of settlers came to the colony during +this year, the population actually declined. In 1621 the percentage of +mortality was not so large, but the actual number of deaths increased. +During the months from March, 1621, to March, 1622, nearly twelve +hundred persons perished. It was like condemning a man to death to send +him to the colony. Seventy-five or eighty per cent. of the laborers that +left England in search of new homes across the Atlantic died before the +expiration of their first year. The exact number of deaths in 1622 is +not known, but there is reason to believe that it approximated thirteen +hundred.[169] Mr. George Sandys, brother of the Secretary of the London +Company, wrote, "Such a pestilent fever rageth this winter amongst us: +never knowne before in Virginia, by the infected people that came over +in ye _Abigall_, who were poisoned with ... beer and all falling sick & +many dying, every where dispersed the contagion, and the forerunning +Summer hath been also deadly upon us."[170] Not until 1624 did the +mortality decline. Then it was that the Governor wrote, "This summer, +God be thanked, the Colony hath very well stood to health".[171] The +dread sickness had spent itself for lack of new victims, for the +immigration had declined and the old planters had become "seasoned". + +History does not record an epidemic more deadly than that which swept +over Virginia during these years. It is estimated that the number of +those that lost their lives from the diseases native to the colony and +to those brought in from the infected ships amounts to no less than four +thousand.[172] When the tide of immigration was started by Sir Edwin +Sandys in 1619, there were living in Virginia about nine hundred +persons; when it slackened in 1624 the population was but eleven +hundred. The sending of nearly five thousand settlers to Virginia had +resulted in a gain of but two hundred. It is true that the tomahawk and +starvation accounts for a part of this mortality, but by far the larger +number of deaths was due to disease. + +Yet hardly less horrible than the sickness was the Indian massacre of +1622. This disaster, which cost the lives of several hundred persons, +struck terror into the hearts of every Englishman in Virginia. The +colonists had not the least intimation that the savages meditated harm +to them, for peace had existed between the races ever since the marriage +of Rolfe and Pocahontas. Considering the protection of their palisades +no longer necessary after that event, they had spread out over the +colony in search of the most fertile lands. Their plantations extended +at intervals for many miles along both banks of the James, and in the +case of a sudden attack by the Indians it would obviously be difficult +for the settlers to defend themselves or to offer assistance to their +neighbors. + +The apparent friendship of the Indians had created such great intimacy +between the two races, that the savages were received into the homes of +the white men and at times were fed at their tables.[173] At the command +of the London Company itself some of the Indian youths had been adopted +by the settlers and were being educated in the Christian faith. So +unsuspecting were the people that they loaned the savages their boats, +as they passed backward and forward, to formulate their plans for the +massacre.[174] + +The plot seems to have originated in the cunning brain of +Opechancanough. This chief, always hostile to the white men, must have +viewed with apprehension their encroachment upon the lands of his +people. He could but realize that some day the swarms of foreigners that +were arriving each year would exclude the Indians from the country of +their forefathers. Perceiving his opportunity in the foolish security of +the English and in their exposed situation, he determined to annihilate +them in one general butchery. + +His plans were laid with great cunning. Although thousands of natives +knew of the design, no warning reached the white men until the very eve +of the massacre. While Opechancanough was preparing this tremendous +blow, he protested in the strongest terms his perpetual good will and +love, declaring that the sky would fall before he would bring an end to +the peace.[175] In order to lull the suspicions of the planters, "even +but two daies before the massacre", he guided some of them "with much +kindnesse through the woods, and one Browne that lived among them to +learne the language", he sent home to his master. The evening before the +attack the Indians came as usual to the plantations with deer, turkeys, +fish, fruits and other provisions to sell.[176] + +That night, however, a warning was received, which although too late to +save the most remote settlements, preserved many hundreds from the +tomahawk. Chanco, an Indian boy who had been adopted by an Englishman +named Race, revealed the entire plot to his master. The man secured his +house, and rowed away before dawn in desperate haste to Jamestown, to +give warning to the Governor. "Whereby they were prevented, and at such +other plantations as possibly intelligence could be given."[177] + +The assault of the savages was swift and deadly. In all parts of the +colony they fell upon the settlers, and those that had received no +warning were, in most cases, butchered before they could suspect that +harm was intended. Sometimes the Indians sat down to breakfast with +their victims, "whom immediately with their owne tooles they slew most +barbarously, not sparing either age or sex, man woman or childe".[178] +Many were slain while working in the fields; others were trapped in +their houses and butchered before they could seize their weapons. The +savages, "not being content with their lives,... fell againe upon the +dead bodies, making as well as they could a fresh murder, defacing, +dragging, and mangling their dead carkases into many peeces".[179] + +That the plot was so successful was due to the completeness of the +surprise, for where the English made the least resistance the savages +were usually beaten off. A planter named Causie, when attacked and +wounded and surrounded by the Indians, "with an axe did cleave one of +their heads, whereby the rest fled and he escaped; for they hurt not any +that did either fight or stand upon their guard. In one place where they +had warning of it, (they) defended the house against sixty or more that +assaulted it."[180] + +At the plantation of a Mr. Harrison, where there were gathered seven men +and eighteen or nineteen women and children, the savages set fire to a +tobacco house and then came in to tell the men to quench it. Six of the +English, not suspecting treachery, rushed out, and were shot full of +arrows. Mr. Thomas Hamor, the seventh man, "having finished a letter he +was writing, followed after to see what was the matter, but quickly they +shot an arrow in his back, which caused him to returne and barricade up +the dores, whereupon the Salvages set fire to the house. But a boy, +seizing a gun which he found loaded, discharged it at random. At the +bare report the enemy fled and Mr. Hamor with the women and children +escaped."[181] In a nearby house, a party of English under Mr. Hamor's +brother, were caught by the Indians without arms, but they defended +themselves successfully with spades, axes and brickbats.[182] + +One of the first to fall was Reverend George Thorpe, a member of the +Virginia Council, and a man of prominence in England.[183] Leaving a +life of honor and ease, he had come to Virginia to work for the +conversion of the Indians. He had apparently won the favor of +Opechancanough, with whom he often discoursed upon the Christian +religion. At the moment of his murder, his servant, perceiving the +deadly intent of the savages, gave him warning, but his gentle nature +would not permit him to believe harm of those whom he had always +befriended, and he was cut down without resistance.[184] + +The barbarous king failed in his design to destroy the English race in +Virginia, but the massacre was a deadly blow to the colony. No less than +three hundred and fifty-seven persons were slaughtered, including six +Councillors. The news of the disaster brought dismay to the London +Company. For a while they attempted to keep the matter a secret, but in +a few weeks it was known all over England. Although the massacre could +not have been foreseen or prevented, it served as a pretext for numerous +attacks upon Sandys and the party which supported him. It discouraged +many shareholders and made it harder to secure settlers for the colony. +Even worse was the effect in Virginia. The system of farming in +unprotected plantations, which had prevailed for some years, had now to +be abandoned and many settlements that were exposed to the Indians were +deserted. "We have not," wrote the Assembly, "the safe range of the +Country for the increase of Cattle, Swyne, etc; nor for the game and +fowle which the country affords in great plentye; besides our duties to +watch and warde to secure ourselves and labor are as hard and chargeable +as if the enemy were at all times present."[185] + +The massacre was followed by a venomous war with the Indians, which +lasted many years. The English, feeling that their families and their +homes would never be safe so long as the savages shared the country with +them, deliberately planned the extermination of all hostile tribes in +Virginia. Their conversion was given no further consideration. "The +terms betwixt us and them," they declared, "are irreconcilable."[186] +Governor Wyatt wrote, "All trade with them must be forbidden, and +without doubt either we must cleere them or they us out of the +Country."[187] + +But it soon became apparent that neither people would be able to win an +immediate or decisive victory. The Indians could not hope to destroy the +English, now that their deeply laid plot had failed. In open battle +their light arrows made no impression upon the coats of plate and of +mail in which the white men were incased, while their own bodies were +without protection against the superior weapons of their foes. On the +other hand, it was very difficult for the colonists to strike the +savages, because of the "advantages of the wood and the nimbleness of +their heels".[188] Even though they "chased them to and fro", following +them to their villages and burning their huts, they found it very +difficult to do them serious harm. + +Finally the English hit upon the plan of bringing distress upon the +savages by destroying their corn. Although the Virginia tribes subsisted +partly upon game, their chief support was from their fields of maize, +and the entire failure of their crop would have reduced hundreds of them +to the verge of starvation.[189] Each year the white men, in small +companies, in various parts of the country, brought ruin to the corn +fields. Sometimes the savages, in despair at the prospect of famine, +made valiant efforts to defend their fields, but were invariably beaten +off until the work of destruction was done. + +The natives retaliated with many sudden raids upon the more exposed +parts of the colony, where they burned, pillaged and murdered. The +planter at work in his fields might expect to find them lurking in the +high grass, while their ambushes in the woods made communication from +plantation to plantation very dangerous. "The harmes that they do us," +wrote the Assembly, "is by ambushes and sudden incursions, where they +see their advantages."[190] In 1625 Captain John Harvey declared that +the two races were "ingaged in a mortall warre and fleshed in each +others bloud, of which the Causes have been the late massacre on the +Salvages parte.... I conceive that by the dispersion of the Plantations +the Salvages hath the advantage in this warre, and that by their +suddaine assaults they do us more harme than we do them by our set +voyages".[191] + +When the English had recovered from the first shock of the massacre, +they planned four expeditions against the tribes living on the river +above Jamestown. Mr. George Sandys attacked the Tappahatomaks, Sir +George Yeardley the Wyanokes, Captain William Powell the Chickahominies +and the Appomatocks, and Captain John West the Tanx-Powhatans. The +savages, without attempting to make a stand, deserted their villages and +their crops and fled at the approach of the English. Few were killed, +for they were "so light and swift" that the white men, laden with their +heavy armor, could not overtake them.[192] In the fall Sir George +Yeardley led three hundred men down the river against the Nansemonds and +against Opechancanough. The natives "set fire to their own houses, and +spoiled what they could, and then fled with what they could carry; so +that the English did make no slaughter amongst them for revenge. Their +Corne fields being newly gathered, they surprised all they found, burnt +the houses (that) remained unburnt, and so departed."[193] + +It is remarkable that the colonists could continue this war while the +sickness was raging among them. At the very time that Yeardley was +fighting Opechancanough, hundreds of his comrades were dying "like cats +and dogs". "With our small and sicklie forces," wrote Mr. George Sandys, +"we have discomforted the Indians round about us, burnt their houses, +gathered their corn and slain not a few; though they are as swift as +Roebucks, like the violent lightening they are gone as soon as +perceived, and not to be destroyed but by surprise or famine."[194] + +How bitter was the war is shown by an act of treachery by the English +that would have shamed the savages themselves. In 1623, the Indians, +discouraged by the destruction of their crops, sent messengers to +Jamestown, asking for peace. The colonists determined to take advantage +of this overture to recover their prisoners and at the same time to +strike a sudden blow at their enemy. Early in June, Captain William +Tucker with twelve well armed men was sent "in a shalope under colour to +make peace with them". On the arrival of this party at the chief town of +Opechancanough, the savages thronged down to the riverside to parley +with them, but the English refused to consider any terms until all +prisoners had been restored. Assenting to this, the savages brought +forth seven whites and they were placed aboard the vessel. Having thus +accomplished their purpose, the soldiers, at a given signal, let fly a +volley into the midst of the crowd, killing "some 40 Indians including 3 +of the chiefest".[195] + +In 1624 the English won a great victory over the most troublesome of the +Indian tribes, the Pamunkeys. Governor Wyatt, in leading an expedition +against this people had evidently expected little resistance, for he +brought with him but sixty fighting men. The Pamunkeys, however, had +planted that year a very large crop of corn, which they needed for the +support of themselves and their confederates, and they determined to +protect it at all hazards. So Wyatt and his little band were surprised, +on approaching their village to find before them more than eight hundred +warriors prepared for battle. The English did not falter in the face of +this army, and a fierce contest ensued. "Fightinge not only for +safeguards of their houses and such a huge quantity of corn", but for +their reputation with the other nations, the Pamunkeys displayed unusual +bravery. For two days the battle went on. Whenever the young warriors +wavered before the volleys of musketry, they were driven back into the +fight by the older men. Twenty-four of the English were detached from +the firing line and were employed in destroying the maize. In this they +were so successful that enough corn was cut down "as by Estimation of +men of good judgment was sufficient to have sustained fower thousand men +for a twelvemonth". At last the savages in despair gave up the fight and +stood nearby "rufully lookinge on whilst their Corne was cutt down". "In +this Expedition," wrote the colonists, "sixteene of the English were +hurte our first and seconde day, whereby nyne of the best shott were +made unserviceable for that tyme, yett never a man slayne, nor none +miscarried of those hurtes, Since when they have not greatly troubled +us, nor interrupted our labours."[196] + +The series of misfortunes which befel the London Company during the +administration of Sir Edwin Sandys culminated in the loss of their +charter. For some time King James had been growing more and more hostile +to the party that had assumed control of the colony. It is highly +probable that he had had no intimation, when the charter of 1612 was +granted, that popular institutions would be established in Virginia, and +the extension of the English parliamentary system to America must have +been distasteful to him. The enemies of Sandys had been whispering to +the King that he "aymed at nothing more than to make a free popular +state there, and himselfe and his assured friends to be the leaders of +them".[197] James knew that Sandys was not friendly to the prerogative +of the Crown. It had been stated "that there was not any man in the +world that carried a more malitious heart to the Government of a +Monarchie".[198] + +In 1621 the controlling party in the London Company was preparing a new +charter for Virginia. The contents of this document are not known, but +it is exceedingly probable that it was intended as the preface to the +establishment of a government in the colony far more liberal than that +of England itself. It was proposed to have the charter confirmed by act +of Parliament, and to this James had consented, provided it proved +satisfactory to the Privy Council.[199] But it is evident that when the +Councillors had examined it, they advised the King not to assent to it +or to allow it to appear in Parliament. Indeed the document must have +stirred James' anger, for not only did he end all hopes of its passage, +but he "struck some terrour into most undertakers for Virginia", by +imprisoning Sir Edwin Sandys.[200] + +Even more distasteful to the King than the establishment of popular +institutions in the little colony was the spreading of liberal doctrines +throughout England by the Sandys faction of the Company. James could no +longer tolerate their meetings, if once he began to look upon them as +the nursery of discontent and sedition. The party that was so determined +in its purpose to plant a republican government in Virginia might stop +at nothing to accomplish the same end in England. James knew that +national politics were often discussed in the assemblies of the Company +and that the parties there were sometimes as "animated one against the +other" as had been the "Guelfs and Gebillines" of Italy.[201] He decided +that the best way to end these controversies and frustrate the designs +of his enemies was to annul the charter of the Company and make Virginia +a royal colony. + +The first unmistakable sign of his hostility came in June 1622, when he +interfered with the election of their treasurer. It was not, he told +them, his intention "to infringe their liberty of free election", but he +sent a list of names that would be acceptable to him, and asked them to +put one of these in nomination. To this the Company assented readily +enough, even nominating two from the list, but when the election was +held, the King's candidates were overwhelmingly defeated.[202] When +James heard this, he "flung himself away in a furious passion", being +"not well satisfied that out of so large a number by him recommended +they had not made any choice".[203] The incident meant that James had +given the Company an unmistakable intimation that it would be well for +them to place the management of affairs in the hands of men more in +harmony with himself, and that they had scornfully refused. + +The Company was now doomed, for the King decided that the charter must +be revoked. He could not, of course, annul a grant that had passed under +the Great Seal, without some presence of legal proceedings, but when +once he had determined on the ruin of the Company, means to accomplish +his end were not lacking. John Ferrar wrote, "The King, notwithstanding +his royal word and honor pledged to the contrary ... was now determined +with all his force to make the last assault, and give the death blow to +this ... Company."[204] + +James began by hunting evidence of mismanagement and incapacity by the +Sandys party. He gave orders to Captain Nathaniel Butler, who had spent +some months in Virginia, to write a pamphlet describing the condition of +the colony. _The Unmasking of Virginia_, as Butler's work is called was +nothing less than a bitter assault upon the conduct of affairs since the +beginning of the Sandys administration. Unfortunately, it was not +necessary for the author to exaggerate much in his description of the +frightful conditions in the colony; but it was unfair to place the blame +upon the Company. The misfortunes of the settlers were due to disease +and the Indians and did not result from incapacity or negligence on the +part of Sandys. The Company drew up "A True answer to a writing of +Information presented to his Majesty by Captain Nathaniel Butler", +denying most of the charges and explaining others, but they could not +efface the bad impression caused by the _Unmasking_.[205] + +In April, 1623, James appointed a commission to make enquiry into the +"true estate of ... Virginia".[206] This body was directed to +investigate "all abuses and grievances ... all wrongs and injuryes done +to any adventurers or planters and the grounds and causes thereof, and +to propound after what sort the same may be better managed".[207] It +seems quite clear that the commissioners understood that they were +expected to give the King "some true ground to work upon", in his attack +on the Company's charter.[208] In a few weeks they were busy receiving +testimony from both sides, examining records and searching for evidence. +They commanded the Company to deliver to them all "Charters, Books, +Letters, Petitions, Lists of names, of Provisions, Invoyces of Goods, +and all other writing whatsoever". They examined the clerk of the +Company, the messenger and the keeper of the house in which they held +their meetings.[209] They intercepted private letters from Virginia, +telling of the horrible suffering there, and made the King aware of +their contents.[210] + +In July the commission made its report. It found that "the people sent +to inhabit there ... were most of them by God's visitation, sicknes of +body, famine, and by massacres ... dead and deceased, and those that +were living of them lived in miserable and lamentable necessity and +want.... That this neglect they conceived, must fall on the Governors +and Company here, who had power to direct the Plantations there.... That +if his Majesty's first Grant of April 10 1606, and his Majesty's most +prudent and princely Instructions given in the beginning ... had been +pursued, much better effects had been produced, than had been by the +alteration thereof, into so popular a course."[211] James was much +pleased with the report, and it confirmed his determination to "resume +the government, and to reduce that popular form so as to make it agree +with the monarchial form".[212] + +Before taking the matter to the courts, the King resolved to offer the +Company a compromise. If they would give up the old charter, he said, a +new one would be granted them, preserving all private interests, but +restoring the active control of the colony to the Crown. The government +was to be modelled upon the old plan of 1606, which had already given so +much trouble. "His Majesty," the Company was told, "hath ... resolved by +a new Charter to appoint a Governor and twelve assistants, resident here +in England, unto whom shall be committed the government.... And his +Majesty is pleased that there shall be resident in Virginia a Governor +and twelve assistants, to be nominated by the Governor and assistants +here ... whereby all matters of importance may be directed by his +Majesty."[213] The Company was commanded to send its reply immediately, +"his Majesty being determined, in default of such submission, to proceed +for the recalling of the said former charters".[214] + +A special meeting of the stockholders was called, October 30th, 1623, to +consider the King's proposal. Every man present must have known that the +rejection of the compromise would mean the loss of all the money he had +invested in the colony, and that if the King's wishes were acceded to +his interests would be preserved. But the Company was fighting for +something higher than personal gain--for the maintenance of liberal +institutions in America, for the defence of the rights of English +citizens. After a "hot debate" they put the question to the vote, and +the offer was rejected, there being "only nine hands for the delivering +up of the Charters, and all the rest (being about three score more) were +of a contrary opinion".[215] + +As a last hope the Company resolved to seek the assistance of +Parliament. A petition was drawn up to be presented to the Commons, and +the shareholders that were members of that body were requested to give +it their strenuous support when it came up for consideration. The +petition referred to Virginia as a "child of the Kingdom, exposed as in +the wilderness to extreme danger and as it were fainting and labouring +for life", and it prayed the House to hear "the grievances of the Colony +and Company, and grant them redress".[216] The matter was brought before +the Commons in May, 1624, but before it could be considered, a message +was received from the King warning them "not to trouble themselves with +this petition as their doing so could produce nothing but a further +increase Schisme and factions in the Company". "Ourself," he announced, +"will make it our own work to settle the quiet, and wellfare of the +plantations."[217] This was received with some "soft mutterings" by the +Commons, but they thought it best to comply, and the Company was left to +its fate.[218] + +In the meanwhile the King had placed his case in the hands of +Attorney-General Coventry, who had prepared a _quo warranto_ against the +Company.[219] Although all hope of retaining the charter was gone, the +Sandys party were determined to fight to the end. They voted to employ +attorneys and to plead their case before the King's Bench. The _quo +warranto_ came up June 26th, 1624, and "the Virginia Patent was +overthrown", on a mistake in pleading.[220] With this judgment the +London Company practically ceased to exist, and Virginia became a royal +province. + +FOOTNOTES: + +[117] F. R., p. 6. + +[118] F. R., p. 76. + +[119] Gen., p. 1027. + +[120] F. R., p. 265. + +[121] F. R., p. 271. + +[122] Gen., p. 339. + +[123] F. R., p. 6. + +[124] Gen. p. 236. Compare F. R., pp. 262, 263, 264, 31, 248, 80; Gen., +pp. 49, 146. + +[125] F. R., p. 80. + +[126] F. R., p. 49. + +[127] Gen., p. 50. + +[128] Gen., p. 355. + +[129] F. R., p. 558. + +[130] F. R., p. 85. + +[131] F. R., p. 237. + +[132] F. R., vi. + +[133] F. R., p. 251. + +[134] F. R., p. 75. + +[135] Gen., pp. 60, 61. + +[136] Arb. Smith, lxxxiii. + +[137] F. R., p. 266. + +[138] F. R., p. 266. + +[139] F. R., pp. 281, 282. + +[140] F. R., p. 293. + +[141] F. R., p. 312. + +[142] F. R., p. 315. + +[143] Nar. of Va., pp. 249, 250. + +[144] Nar. of Va., p. 251. + +[145] F. R., p. 317. + +[146] Nar. of Va., pp. 252, 253, 254, 255, 260, 261. + +[147] Nar. of Va., p. 276. + +[148] In 1662 the Assembly granted power to the Governor and Council for +three years to levy a small tax by the poll. The county taxes for +defraying local expenses, were assessed and collected by the justices of +the peace. The vestries controlled the raising of the parish dues. + +[149] Miller, p. 41. + +[150] F. R., p. 376. + +[151] F. R., p. 415. + +[152] F. R., p. 464. + +[153] F. R., p. 612. + +[154] Bruce, Ec. Hist., Vol. II, pp. 448, 449. + +[155] _Ibid._ + +[156] Bruce, Ec. Hist., Vol. II, pp. 442, 443. + +[157] F. R., p. 322. + +[158] F. R., p. 335. + +[159] F. R., p. 336. + +[160] Bruce, Ec. Hist., Vol. I, p. 264. + +[161] Bruce, Ec. Hist., Vol. I, p. 265. + +[162] Bruce, Ec. Hist., Vol. I, p. 269. + +[163] P. R. O., CO1-3. + +[164] F. R., p. 372. + +[165] F. R., p. 377. + +[166] F. R., p. 377. + +[167] F. R., p. 377. + +[168] F. R., p. 415. + +[169] F. R., p. 506. + +[170] F. R., p. 506. + +[171] F. R., p. 608. + +[172] P. R. O., CO1-36-37. + +[173] Stith, p. 210. + +[174] Stith, p. 210. + +[175] Arb. Smith, p. 573. + +[176] Arb. Smith, p. 573. + +[177] Arb. Smith, p. 578. + +[178] Arb. Smith, p. 573. + +[179] Arb. Smith, p. 574. + +[180] Arb. Smith, p. 575. + +[181] Arb. Smith, p. 576. + +[182] Arb. Smith, p. 576. + +[183] Stith, p. 211. + +[184] Stith, pp. 211, 212. + +[185] F. R., pp. 576, 577. + +[186] F. R., p. 576. + +[187] F. R., p. 508. + +[188] F. R., p. 576. + +[189] Bruce, Ec. Hist., Vol. I, pp. 155 to 159. + +[190] F. R., p. 576. + +[191] F. R., p. 611. + +[192] Arb. Smith, p. 594. + +[193] Arb. Smith, p. 559; F. R., pp. 475, 495. + +[194] F. R., p. 510. + +[195] F. R., pp. 514, 515. + +[196] P. R. O., CO1-3. + +[197] F. R., p. 530. + +[198] F. R., p. 529. + +[199] F. R., p. 393. + +[200] F. R., pp. 436, 437. + +[201] F. R., p. 542. + +[202] F. R., p. 477. + +[203] F. R., p. 478. + +[204] F. R., pp. 531, 532. + +[205] F. R., p. 524. + +[206] F. R., p. 520. + +[207] F. R., p. 520. + +[208] F. R., p. 521. + +[209] F. R., p. 541. + +[210] F. R., p. 535. + +[211] F. R., pp. 519, 520. + +[212] F. R., p. 542. + +[213] F. R., p. 551. + +[214] F. R., p. 542. + +[215] F. R., p. 554. + +[216] F. R, pp. 595, 596. + +[217] F. R., pp. 597, 598. + +[218] F. R., p. 598. + +[219] F. R., p. 587. + +[220] F. R., pp. 601, 602. + + + + +CHAPTER III + +THE EXPULSION OF SIR JOHN HARVEY + + +The people of Virginia sympathized deeply with the London Company in its +efforts to prevent the revocation of the charter. The Governor, the +Council and the Burgesses gave active assistance to Sandys and his +friends by testifying to the wisdom of the management and contradicting +the calumnies of their enemies. In the midst of the controversy the +Privy Council had appointed a commission which they sent to Virginia to +investigate conditions there and to gather evidence against the Company. +This board consisted of John Harvey, John Pory, Abraham Piersey and +Samuel Matthews, men destined to play prominent rôles in Virginia +history, but then described as "certayne obscure persons".[221] When the +commissioners reached the colony they made known to the Assembly the +King's desire to revoke the charter and to take upon himself the +direction of the government. They then asked the members to subscribe to +a statement expressing their gratitude for the care of the King, and +willingness to consent to the contemplated change. The Assembly returned +the paper unsigned. "When our consent," they said, "to the surrender of +the Pattents, shalbe required, will be the most proper time +to make reply: in the mean time wee conceive his Majesties intention of +changing the government hath proceeded from much misinformation."[222] + +After this they ignored the commissioners, and addressed themselves in +direct letters and petitions to the King and the Privy Council.[223] +They apprehended, they wrote, no danger from the present government, +which had converted into freedom the slavery they had endured in former +times.[224] They prayed that their liberal institutions might not be +destroyed or the old Smith faction of the Company placed over them +again.[225] These papers they sent to England by one of their number, +John Pountis, even refusing to let the commissioners see them. But Pory +succeeded in securing copies from the acting secretary, Edward +Sharpless.[226] The Council, upon learning of this betrayal, were so +incensed against the secretary that they sentenced him to "stand in the +Pillory and there to have his Ears nailed to it, and cut off".[227] His +punishment was modified, however, so that when he was "sett in the +Pillorie", he "lost but a part of one of his eares".[228] The King, upon +learning of this incident, which was represented to him "as a bloody and +barbarous act", became highly incensed against the Council.[229] + +In the meanwhile James had appointed a large commission, with Viscount +Mandeville at its head, "to confer, consult, resolve and expedite all +affaires ... of Virginia, and to take care and give order for the +directing and government thereof".[230] This body met weekly at the +house of Sir Thomas Smith, and immediately assumed control of the +colony.[231] Their first act was to decide upon a form of government to +replace the Virginia Magna Charta. In conformance with the wishes of the +King they resolved to return to the plan of 1606. In their +recommendations no mention was made of an Assembly. It seemed for a +while that the work of Sandys was to be undone, and the seeds of liberty +in Virginia destroyed almost before they had taken root. Fortunately, +however, this was not to be. The commission, perhaps wishing to allay +the fears of the colonists, reappointed Sir Francis Wyatt Governor, and +retained most of the old Council. This made it certain that for a while +at least the government was to be in the hands of men of lofty character +and liberal views.[232] More fortunate still for Virginia was the death +of James I. This event removed the most determined enemy of their +Assembly, and placed upon the throne a man less hostile to the Sandys +faction, less determined to suppress the liberal institutions of the +colony. + +Soon after his accession Charles I abolished the Mandeville commission +and appointed in its place a committee of the Privy Council.[233] For a +while he seemed inclined to restore the Company, for he consulted with +Sandys and requested him to give his opinion "touching the best form of +Government".[234] But he finally rejected his proposals, declaring that +he had come to the same determination that his father had held. He was +resolved, he said, that the government should be immediately dependent +upon himself and not be committed to any company or corporation.[235] +But, like his father, he was "pleased to authorise Sir Francis Wyatt +knight to be governor there, and such as are now employed for his +Majesties Councell there to have authoritie to continue the same +employment". No provision was made for a representative body, the power +of issuing decrees, ordinances and public orders being assigned to the +Council. + +But the Assembly was saved by the unselfish conduct of Wyatt and +Yeardley and their Councils.[236] Had these men sought their own gain at +the expense of the liberty of their fellow colonists, they would have +welcomed a change that relieved them from the restraint of the +representatives of the people. The elimination of the Burgesses would +have left them as absolute as had been Wingfield and the first Council. +But they were most anxious to preserve for Virginia the right of +representative government, and wrote to England again and again pleading +for the reëstablishment of the Assembly.[237] "Above all," they said, +"we humbly intreat your Lordships that we may retaine the Libertie of +our Generall Assemblie, than which nothing can more conduce to our +satisfaction or the publique utilitie."[238] In 1625 Yeardley himself +crossed the ocean to present a new petition. He pleaded with Charles "to +avoid the oppression of Governors there, that their liberty of Generall +Assemblyes may be continued and confirmed, and that they may have a +voice in the election of officers, as in other Corporations".[239] After +the overthrow of the Company charter, there could be no legal election +of Burgesses and no legislation save by proclamation of the Governor and +Council. Yet Wyatt, in order to preserve as far as possible some form of +representative government, held conventions or informal meetings of +leading citizens, to confer with the Council on important matters. They +issued papers under the title of "Governor, Councell and Collony of +Virginia assembled together",[240] and it is possible that the people +elected their delegates just as they had formerly chosen Burgesses. +Since, however, acts passed by these assemblages could not be enforced +in the courts, all legislation for the time being took the form of +proclamations.[241] + +Finally Charles yielded to the wishes of the people, and, in the fall of +1627, sent written instructions to the officials in Virginia to hold an +election of Burgesses and to summon a General Assembly.[242] The King's +immediate motive for this important step was his desire to gain the +planters' acceptance through their representatives of an offer which he +made to buy all their tobacco. In the spring of 1628 the Council wrote, +"In obedience to his Majesties Commands wee have given order that all +the Burgesses of Particular Plantations should shortly be assembled at +James Citty that by the general and unanimous voice of the whole Colony +his Majesty may receave a full answere."[243] Although the Assembly must +have realized that its very existence might depend upon its compliance +with the King's wishes, it refused to accept his proposition. The +planters were willing to sell their tobacco to his Majesty, but only +upon more liberal terms than those offered them. Charles rejected the +counter-proposals of the Virginians, with some show of anger, but he did +not abolish the Assembly, and in ensuing years sessions were held with +great regularity.[244] + +The apprehensions of the colonists during this trying period were made +more acute by the resignation of Sir Francis Wyatt. In the winter of +1625-26 the Council wrote the Virginia commissioners, "The Governor hath +long expected a Successor, and the necessity of his private estate +compelling him not to put off any longer his return for England, wee +hope it is already provided for."[245] Great must have been the relief +in the colony when it was learned that Sir George Yeardley had been +chosen to succeed Governor Wyatt. Yeardley had been the bearer of the +Virginia Magna Charta, under which the first Assembly had been +established, and his services had not been forgotten by the people. But +he was not destined to see the restoration of the Burgesses, for he died +in November, 1627.[246] We have lost, wrote the Council in great grief, +"a main pillar of this our building & thereby a support to the whole +body".[247] + +By virtue of previous appointment, Captain Francis West, brother of the +Lord De la Warr who had lost his life in the service of Virginia, at +once assumed the reins of government. Captain West continued in office +until March 5th, 1629, when he resigned in order to return to +England.[248] John Harvey, a member of the Virginia commission of 1624, +was the King's next choice for Governor, but pending his arrival, the +office fell to one of the Council--Dr. John Pott. This man had long been +a resident of Virginia, and had acted as Physician-General during the +years when the sickness was at the worst. He is described as "a Master +of Arts ... well practiced in chirurgery and physic, and expert also in +the distilling of waters, (besides) many other ingenious devices".[249] +He had made use of these accomplishments to poison large numbers of +Indians after the massacre of 1622.[250] This exploit caused the +temporary loss of his place in the Council, for when James I settled the +government after the fall of the Company, Pott was left out at the +request of the Earl of Warwick, because "he was the poysoner of the +salvages thear".[251] In 1626 his seat was restored to him. He seems to +have been both democratic and convival, and is described as fond of the +company of his inferiors, "who hung upon him while his good liquor +lasted".[252] + +In the spring of 1630 Sir John Harvey arrived in Virginia.[253] This man +proved to be one of the worst of the many bad colonial governors. +Concerned only for his own dignity and for the prerogative of the King, +he trampled without scruple upon the liberties of the people, and his +administration was marked throughout by injustice and oppression. + +His first efforts as Governor were to attempt to win the friendship and +support of one of the Council and to bring humiliation and ruin upon +another. He had been in Virginia but a few weeks when he wrote the King +asking especial favors for Captain Samuel Matthews. "This gentleman," he +said, "I found most readie to set forward all services propounded for +his Majesties honor, ... and without his faithful assistance perhaps I +should not soe soon have brought the busines of this Country to so good +effect." It would be a just reward for these services, he thought, to +allow him for a year or two to ship the tobacco of his plantation into +England free of customs.[254] At the same time Harvey seemed bent upon +the utter undoing of Dr. Pott. Claiming that the pleasure loving +physician while Governor had been guilty of "pardoninge wilfull Murther, +markinge other mens Cattell for his owne, and killing up their hoggs", +Harvey suspended him from the Council and, pending the day of his trial, +confined him to his plantation.[255] + +It seems quite certain that this treatment of the two Councillors was +designed to impress upon the people a just appreciation of the +Governor's power. Harvey felt keenly the restriction of the Council. It +had been the intention of James and after his death Charles to restore +the government of the colony to its original form, in which all matters +were determined by the Council. "His Majesties ... pleasure," wrote the +Privy Council in 1625, "is that all judgements, decrees, and all +important actions be given, determined and undertaken by the advice and +voices of the greater part."[256] If these instructions were adhered to, +the Governor would become no more than the presiding officer of the +Council. To this position Harvey was determined never to be reduced. He +would, at the very outset, show that he was master in Virginia, able to +reward his friends, or to punish those that incurred his displeasure. + +Dr. Pott could not believe that the proceedings against him were +intended seriously, and, in defiance of the Governor's commands, left +his plantation to come to Elizabeth City. "Upon which contempt," wrote +Harvey, "I committed him close prisoner, attended with a guard." At the +earnest request of several gentlemen, the Governor finally consented +that he might return to his plantation, but only under bond. Pott, +however, refused to avail himself of the kindness of his friends, and so +was kept in confinement.[257] On the 9th of July he was brought to +trial, found guilty upon two indictments, and his entire estate +confiscated.[258] + +That Pott was convicted by a jury of thirteen men, three of them +Councillors, is by no means conclusive evidence of his guilt. The close +connection between the executive and the courts at this time made it +quite possible for the Governor to obtain from a jury whatever verdict +he desired. In fact it became the custom for a new administration, as +soon as it was installed in power, to take revenge upon its enemies by +means of the courts. + +Pott's guilt is made still more doubtful by the fact that execution of +the sentence was suspended "untill his Majesties pleasure might be +signified concerning him", while the Council united in giving their +security for his safe keeping.[259] Harvey himself wrote asking the +King's clemency. "For as much," he said, "as he is the only Physician in +the Colonie, and skilled in the Epidemicall diseases of the planters, +... I am bound to entreat" your Majesty to pardon him.[260] It would +seem quite inexplicable that Harvey should go to so much trouble to +convict Dr. Pott, and then write immediately to England for a pardon, +did not he himself give the clue to his conduct. "It will be," he said, +"a means to bring the people to ... hold a better respect to the +Governor than hitherto they have done."[261] Having shown the colonists +that he could humble the strongest of them, he now sought to teach them +that his intercession with the King could restore even the criminal to +his former position. + +When Dr. Pott was at Elizabeth City his wife was reported to be ill, but +this did not deter her from making the long and dangerous voyage to +England to appeal to the King "touching the wrong" done her +husband.[262] Charles referred the matter to the Virginia commissioners, +who gave her a hearing in the presence of Harvey's agent. Finding no +justification for the proceedings against him, they wrote Harvey that +for aught they could tell Pott had demeaned himself well and that there +seemed to have been "some hard usage against him".[263] The sentence of +confiscation seems never to have been carried out, but Pott was not +restored to his seat in the Council.[264] + +This arbitrary conduct did not succeed in intimidating the other +Councillors. These men must have felt that the attack upon Dr. Pott was +aimed partly at the dignity and power of the Council itself. If Harvey +could thus ruin those that incurred his displeasure, the Councillors +would lose all independence in their relations with him. Soon they were +in open hostility to the Governor. Claiming that Harvey could do nothing +without their consent, and that all important matters had to be +determined "by the greater number of voyces at the Councell Table", they +entered upon a policy of obstruction. It was in vain that the Governor +declared that he was the King's substitute, that they were but his +assistants, and that they were impeding his Majesty's business; they +would yield to him only the position of first among equals. Early in +1631 Harvey was filling his letters to England with complaints of the +"waywardness and oppositions of those of the Councell". "For instead of +giving me assistance," he declared, "they stand Contesting and disputing +my authoritie, avering that I can doe nothinge but what they shall +advise me, and that my power extendeth noe further than a bare casting +voice."[265] He had received, he claimed, a letter from the King, +strengthening his commission and empowering him to "doe justice to all +men, not sparinge those of the Councell", which he had often shown them, +but this they would not heed. "I hope," he wrote, "you never held me to +be ambitious or vainglorious, as that I should desire to live here as +Governor to predominate, or prefer mine owne particular before the +generall good." My position in Virginia is most miserable, "chiefly +through the aversions of those from whom I expected assistance". He had +often tried to bring peace and amity between them, but all to no +purpose, for he was scorned for his efforts. He would be humbly thankful +if his Majesty would be pleased to strengthen his commission, "that the +place of Governor and the duty of Councellors may be knowne and +distinguished".[266] + +It is probable that the Councillors also wrote to England, to place +before the King their grievances against Harvey, for before the end of +the year letters came from the Privy Council, warning both sides to end +the dispute and to proceed peacefully with the government of the colony. +In compliance with these commands they drew up and signed a document +promising "to swallow up & bury all forepart Complainte and accusations +in a generall Reconciliation". They thanked their Lordships for advice +that had persuaded their "alienated & distempered" minds to thoughts of +love and peace and to the execution of public justice. The Council +promised to give the Governor "all the service, honor & due Respect +which belongs unto him as his Majesties Substitute".[267] It is quite +evident, however, that this reconciliation, inspired by fear of the +anger of the Privy Council, could not be permanent. Soon the Council, +under the leadership of Captain Matthews, who had long since forfeited +Harvey's favor, was as refractory as ever. + +A new cause for complaint against the Governor arose with the founding +of Maryland. In 1623 George Calvert, the first Lord Baltimore, had +received a grant of the great southeastern promontory in Newfoundland, +and had planted there a colony as an asylum for English Catholics. +Baltimore himself had been detained in England for some years, but in +1627 came with his wife and children to take personal control of his +little settlement. His experience with the severe Newfoundland winter +persuaded him that it would be wise to transfer his colony to a more +congenial clime. "From the middle of October," he wrote Charles I, "to +the middle of May there is a sad face of winter upon all the land; both +sea and land so frozen for the greater part of the time as they are not +penetrable ... besides the air so intolerable cold as it is hardly to be +endured.... I am determined to commit this place to fishermen that are +able to encounter stormes and hard weather, and to remove myself with +some forty persons to your Majesties dominion of Virginia; where, if +your Majesty will please to grant me a precinct of land, with such +privileges as the King your father ... was pleased to grant me here, I +shall endeavour to the utmost of my power, to deserve it."[268] + +In 1629 he sailed for Virginia, with his wife and children, and arrived +at Jamestown the first day of October. His reception by Governor Pott +and the Council was by no means cordial. The Virginians were loath +either to receive a band of Catholics into their midst, or to concede to +them a portion of the land that they held under the royal charters. +Desiring to be rid of Baltimore as speedily as possible, they tendered +him the oath of supremacy. This, of course, as a good Catholic he could +not take, for it recognized the English sovereign as the supreme +authority in all ecclesiastical matters. Baltimore proposed an +alternative oath of allegiance, but the Governor and Council refused to +accept it, and requested him to leave at once. Knowing that it was his +intention to apply for a tract of land within their borders, the +Virginians sent William Claiborne after him to London, to watch him and +to thwart his designs. + +Despite Claiborne's efforts a patent was granted Baltimore, making him +lord proprietor of a province north of the Potomac river, which received +the name of Maryland. Baltimore, with his own hand, drew up the charter, +but in April, 1632, before it had passed under the Great Seal, he died. +A few weeks later the patent was issued to his eldest son, Cecilius +Calvert. The Virginians protested against this grant "within the Limits +of the Colony", claiming that it would interfere with their Indian trade +in the Chesapeake, and that the establishment of the Catholics so near +their settlements would "give a generall disheartening of the +Planters".[269] But their complaints availed nothing. Not only did +Charles refuse to revoke the charter, but he wrote the Governor and +Council commanding them to give Lord Baltimore every possible assistance +in making his settlement. You must, he said, "suffer his servants and +Planters to buy and transport such cattle and comodities to their +Colonie, as you may conveniently spare ... and give them ... such lawful +assistance as may conduce to both your safetyes".[270] + +The second Lord Baltimore appointed his brother, Leonard Calvert, +Governor of Maryland, and sent him with two vessels and over three +hundred men to plant the new colony. In February, 1634, the expedition +reached Point Comfort, where it stopped to secure from the Virginians +the assistance that the King had promised should be given them. + +They met with scant courtesy. The planters thought it a hard matter that +they should be ordered to aid in the establishment of this new colony. +They resented the encroachment upon their territories, they hated the +newcomers because most of them were Catholics, they feared the loss of a +part of their Indian trade, and they foresaw the growth of a dangerous +rival in the culture of tobacco. Despite the King's letter they refused +to help Calvert and his men. "Many are so averse," wrote Harvey, "that +they crye and make it their familiar talke that they would rather knock +their Cattell on the heades than sell them to Maryland."[271] The +Governor, however, not daring to disobey his sovereign's commands, gave +the visitors all the assistance in his power. "For their present +accomodation," he said, "I sent unto them some Cowes of myne owne, and +will do my best to procure more, or any thinge else they stand in need +of."[272] This action secured for Harvey the praise of the Privy +Council, but it made him more unpopular with his Council and the people +of Virginia. + +After a stay of several weeks at Point Comfort, Calvert sailed up the +Chesapeake into the Potomac, and founded the town of Saint Mary's. This, +however, was not the first settlement in Maryland. In 1631, William +Claiborne, returning from England after his unsuccessful attempt to +block the issuing of Baltimore's charter, had established a settlement +upon Kent Island in the Chesapeake Bay. Here he had built dwellings and +mills and store houses, and had laid out orchards and gardens. In thus +founding a colony within Baltimore's territory he was sustained by the +Council. When Calvert arrived in 1634 he sent word to Claiborne that he +would not molest his settlement, but since Kent Island was a part of +Maryland, he must hold it as a tenant of Lord Baltimore. Upon receipt of +this message Claiborne laid the matter before his colleagues of the +Virginia Council, and asked their commands. The answer of the +Councillors shows that they considered the new patent an infringement +upon their prior rights and therefore of no effect. They could see no +reason, they told Claiborne, why they should render up the Isle of Kent +any more than the other lands held under their patents. As it was their +duty to maintain the rights and privileges of the colony, his settlement +must continue under the government and laws of Virginia. + +Despite the defiant attitude of the Virginians, it is probable that +Calvert would have permitted the Kent Islanders to remain unmolested, +had not a report spread abroad that Claiborne was endeavoring to +persuade the Indians to attack Saint Mary's. A joint commission of +Virginians and Marylanders declared the charge false, but suspicion and +ill will had been aroused, and a conflict could not be avoided. In +April, 1635, Governor Calvert, alleging that Claiborne was indulging in +illicit trade, fell upon and captured one of his merchantmen. In great +indignation the islanders fitted out a vessel, the _Cockatrice_, to +scour the Chesapeake and make reprisals. She was attacked, however, by +two pinnaces from Saint Mary's and, after a severe conflict in which +several men were killed, was forced to surrender. A few weeks later +Claiborne gained revenge by defeating the Marylanders in a fight at the +mouth of the Potomac. + +In these encounters the Kent Islanders had the sympathy of the Virginia +planters. Excitement ran high in the colony, and there was danger that +an expedition might be sent to Saint Mary's to overpower the intruders +and banish them from the country. Resentment against Harvey, who still +gave aid and encouragement to Maryland, became more bitter than ever. +His espousal of the cause of the enemies of Virginia made the planters +regard him as a traitor. In 1635 Samuel Matthews wrote to Sir John +Wolstenholme, "The Inhabitants also understood with indignation that the +Marylanders had taken Capt. Claibournes Pinnaces and men ... which +action of theirs Sir John Harvey upheld contrary to his Majesties +express commands."[273] The Councillors held many "meetings and +consultations" to devise plans for the overthrow of the new colony, and +an active correspondence was carried on with Baltimore's enemies in +England in the vain hope that the charter might yet be revoked.[274] + +Matters were now moving rapidly to a crisis. Harvey's administration +became more and more unpopular. Sir John Wolstenholme, who kept in close +touch with the colony, declared that the Governor's misconduct in his +government was notorious at Court and in the city of London.[275] When, +in the spring of 1635, he was rudely thrust out of his office, the +complaints against him were so numerous that it became necessary to +convene the Assembly to consider them.[276] + +To what extent Harvey usurped the powers of the General Assembly is not +clear, but it seems very probable that he frequently made use of +proclamations to enforce his will upon the people.[277] It was quite +proper and necessary for the Governor, when the houses were not in +session, to issue ordinances of a temporary character, but this was a +power susceptible of great abuse. And for the Governor to repeal +statutes by proclamation would be fatal to the liberties of the people. +That Harvey was guilty of this usurpation seems probable from the fact +that a law was enacted declaring it the duty of the people to disregard +all proclamations that conflicted with any act of Assembly.[278] + +Also there is reason to believe that Harvey found ways of imposing +illegal taxes upon the people. John Burk, in his _History of Virginia_, +declares unreservedly that it was Harvey's purpose "to feed his avarice +and rapacity, by assessing, levying, and holding the public revenue, +without check or responsibility".[279] + +In 1634 an event occurred which aroused the anger of the people, widened +the breach between the Governor and the Council, and made it evident to +all that Harvey would not hesitate upon occasion to disregard property +rights and to break the laws of the colony. A certain Captain Young came +to Virginia upon a commission for the King. Wishing to build two +shallops while in the colony and having need of a ship's carpenter, +Young, with the consent of Harvey, seized a skilled servant of one of +the planters. This arbitrary procedure was in direct defiance of a +statute of Assembly of March, 1624, that declared that "the Governor +shall not withdraw the inhabitants from their private labors to any +service of his own upon any colour whatsoever".[280] + +Upon hearing of the incident Captain Samuel Matthews and other members +of the Council came to Harvey to demand an explanation. The Governor +replied that the man had been taken because Young had need of him "to +prosecute with speed the King's service", and "that his Majesty had +given him authority to make use of any persons he found there".[281] +This answer did not satisfy the Councillors. Matthews declared "that if +things were done on this fashion it would breed ill bloude in Virginia", +and in anger "turning his back, with his truncheon lashed off the heads +of certain high weeds that were growing there".[282] Harvey, wishing to +appease the Councillors, said, "Come gentlemen, let us goe to supper & +for the night leave this discourse", but their resentment was too great +to be smoothed over, and with one accord rejecting his invitation, +"they departed from the Governour in a very irreverent manner".[283] + +Harvey, in his letters to the English government tried to convey the +impression that he was uniformly patient with the Council, and courteous +in all the disputes that were constantly arising. That he was not always +so self restrained is shown by the fact that on one occasion, he became +embroiled with one of the Councillors, Captain Stevens, and knocked out +some of his teeth with a cudgel.[284] Samuel Matthews wrote that he had +heard the Governor "in open court revile all the Councell and tell them +they were to give their attendance as assistants only to advise with +him". The Governor attempted, he declared, to usurp the whole power of +the courts, without regard to the rights of the Councillors, "whereby +justice was now done but soe farr as suited with his will, to the great +losse of many mens estates and a generall feare in all".[285] + +In 1634 the King once more made a proposal to the colonists for the +purchase of their tobacco, and demanded their assent through the General +Assembly. The Burgesses, who dreaded all contracts, drew up an answer +which was "in effect a deniall of his Majesties proposition", and, in +order to give the paper the character of a petition, they all signed it. +This answer the Governor detained, fearing, he said, that the King +"would not take well the matter thereof, and that they should make it a +popular business, by subscribing a multitude of hands thereto, as +thinking thereby to give it countenance".[286] The Governor's arbitrary +action aroused great anger throughout the colony. Matthews wrote Sir +John Wolstenholme, "The Consideration of the wrong done by the Governor +to the whole Colony in detayning the foresaid letters to his Majesty did +exceedingly perplex them whereby they were made sensible of the +condition of the present Government."[287] + +The crisis had now come. During the winter of 1634-35 the Councillors +and other leading citizens were holding secret meetings to discuss the +conduct of the Governor. Soon Dr. John Pott, whose private wrongs made +him a leader in the popular discontent, was going from plantation to +plantation, denouncing the Governor's conduct and inciting the people to +resistance. Everywhere the angry planters gathered around him, and +willingly subscribed to a petition for a redress of grievances. In +April, 1635, Pott was holding one of these meetings in York, at the +house of one William Warrens, when several friends of the Governor +presented themselves for admission. "A servant meeting them told them +they must not goe in ... whereupon they desisted and bended themselves +to hearken to the discourse among them." In the confusion of sounds that +came out of the house they could distinguish many angry speeches against +Harvey and cries against his unjust and arbitrary government. When Pott +read his petition, and told the assemblage that it had the support of +some of the Councillors, they all rushed forward to sign their names. + +When Harvey heard of these proceedings he was greatly enraged. Summoning +the Council to meet without delay, he issued warrants for Dr. Pott and +several others that had aided in circulating the petition. "After a few +days Potts was brought up prisoner, having before his apprehending bin +in the lower parts of the Country there also mustering his names at a +meeting called for that purpose."[288] He does not seem to have feared +the angry threats of the Governor, for when put in irons and brought +before the Council, he readily consented to surrender the offending +petition. At the same time he asserted "that if he had offended he did +appeal to the King, for he was sure of noe justice from Sir John +Harvey". When some of the other prisoners, in their hearing before the +Council, asked the cause of their arrest, the Governor told them they +should be informed at the gallows. + +Shortly after this the Council was summoned to deliberate on the fate of +the accused. The Governor, fearing that he might not secure conviction +from a jury, "declared it necessary that Marshall law should be executed +upon" them. When the Councillors refused to consent to any other than a +legal trial, Harvey flew into a furious passion. For a while he paced +back and forth in the room hardly able to contain himself. At length he +sat down in his chair, and with a dark countenance commanded his +colleagues to be seated. A long pause ensued, and then he announced that +he had a question that they must answer each in his turn, without +deliberation or consultation. "What," he enquired, "doe you think they +deserve that have gone about to persuade the people from their obedience +to his Majesties substitute?" "And I begin with you," he said, turning +to Mr. Minifie. "I am but a young lawyer," Minifie replied, "and dare +not uppon the suddain deliver my opinion." At this point Mr. Farrar +began to complain of these strange proceedings, but Harvey commanded him +to be silent. Captain Matthews also protested, and the other Councillors +soon joined him in refusing to answer the Governor's question. "Then +followed many bitter Languages from him till the sitting ended." + +At the next meeting Harvey asked what the Council thought were the +reasons that the petition had been circulated against him, and demanded +to know whether they had any knowledge of the matter. Mr. Minifie +replied that the chief grievance of the people was the detaining of the +letter of the Assembly to the King. This answer seems to have aroused +the Governor's fury, for, arising from his seat, and striking Mr. +Minifie a resounding blow upon the shoulder, he cried, "Doe you say soe? +I arrest you upon suspicion of treason to his Majesty." But Harvey found +that he could not deal thus arbitrarily with the Councillors. Utie and +Matthews rushed up and seizing him cried, "And we you upon suspicion of +treason to his Majestie". Dr. Pott, who was present and had probably +been waiting for this crisis, held up his hand as a signal to +confederates without, "when straight about 40 musketiers ... which +before that time lay hid, came ... running with their peeces presented" +towards the house. "Stay here," commanded Pott, "until there be use of +you." + +In the meanwhile the Councillors crowded around Harvey. "Sir," said +Matthews, "there is no harm intended you save only to acquaint you with +the grievances of the Inhabitants and to that end I desire you to sit +downe in your Chayre." + +And there, with the enraged Governor seated before him, he poured out +the recital of the people's wrongs. When he had finished there came an +ominous pause. Finally Matthews spoke again. "Sir," he said, "the +peoples fury is up against you and to appease it, is beyond our power, +unlesse you please to goe for England, there to answer their +complaints." But this Harvey refused to do. He had been made Governor of +Virginia by the King, he said, and without his command he would not +leave his charge. + +But before many days the Governor changed his mind. He found himself +deserted by all and entirely in the power of the Councillors. As +sentinals were placed "in all wayes & passages so that noe man could +travell or come from place to place", he could make no effort to raise +troops. Dr. Pott and the other prisoners were set at liberty. A guard +was placed around Harvey, ostensibly to protect him, but really with the +purpose of restraining him. A letter came from Captain Purifee, a +Councillor then in the "lower parts" of the colony, which spoke of +designs of the people to bring Harvey to account for his many wrongs. In +alarm the Governor consented to take the first ship for England. He +endeavored, however, to name his successor, to induce Matthews, Pierce, +and Minifie to go with him to England, and to secure a promise from the +Council not to molest Maryland. But they would consent to none of these +things. + +In the meantime an Assembly had been called to consider the innumerable +grievances against the Governor. When they met at Jamestown, Harvey sent +them a letter, declaring the session illegal and ordering them to +disperse to their homes. "Notwithstanding his threats ... the assembly +proceeded according to their former intentions." Harvey then dispatched +a letter to the Council, ordering them to send him his royal commission +and instructions, but these documents had been intrusted to the keeping +of Mr. Minifie with directions not to surrender them. The Council then +turned themselves to the task of selecting a successor to Harvey. Their +unanimous vote was given to Captain Francis West, the senior member of +the board and formerly Governor. Feeling that since the expulsion of +Harvey had been primarily a movement to protect the rights of the +people, the Burgesses should have some voice in the election of the new +Governor, they appealed to the Assembly for the ratification of their +choice. West was popular in the colony, and "the people's suffrages" +were cast for him as willingly as had been those of the Council. The +Assembly then drew up resolutions setting forth the misconduct of Harvey +and justifying their course in sending him back to England. These +documents were entrusted to one Thomas Harwood, who was to deliver them +to the King. Of what happened after Harvey's departure we have little +record, but it is probable that the colonists revenged themselves upon +the deposed Governor by confiscating all his ill gotten possessions. + +It was decided that Dr. Pott should go to England to stand trial as his +appeal to the King had taken the case beyond the jurisdiction of the +Virginia courts. He and Harwood sailed upon the same vessel with Sir +John. It is not hard to imagine with what dark looks or angry words Pott +and Harvey greeted each other during their long voyage across the +Atlantic. Doubtless Harwood and Pott held many a consultation upon what +steps should be taken when they reached England to secure a favorable +hearing for the colony, and to frustrate Harvey's plans for revenge. It +was Harwood's intention to hasten to London, in order to forestall the +Governor and "to make friends and the case good against him, before he +could come".[289] But Sir John was too quick for him. Hardly had the +ship touched the dock at Plymouth, than he was off to see the mayor of +the city. This officer, upon hearing of the "late mutiny and rebellion" +in Virginia, put Pott under arrest, "as a principal author and agent +thereof", and seized all the papers and letters that had been entrusted +to Harwood. Having thus gotten his hands upon the important documents, +Harvey proceeded to London to complain of the indignities shown him and +to ask for the punishment of his enemies. + +When Charles I learned that the Virginians had deposed his Governor and +sent him back to England, he was surprised and angered. It was, he +said, an assumption of regal power to oust thus unceremoniously one of +his officers, and he was resolved to send Harvey back, if for one day +only. And should the Governor acquit himself of the charges against him, +he was to be inflicted upon the colony even longer than had at first +been intended. The case came before the Privy Council in December +1635.[290] In the charges that were made against Harvey nothing was said +of the illegal and arbitrary measures that had caused the people to +depose him. All reference was omitted to the detaining of the Assembly's +letter, to the support given Maryland, to the abuse of the courts, to +illegal taxes and proclamations. Possibly the agents of the Virginians +felt that such accusations as these would have no weight with the +ministers of a monarch so little in sympathy with liberal government, so +they trumped up other charges to sustain their cause. Despite the +assertion of Harwood that Harvey "had so carryed himself in Virginia, +that if ever hee retourned back thither hee would be pistolled or +Shott", he was acquitted and restored to his office. West, Utie, +Matthews, Minifie and Pierce, whom Harvey designated as the "chief +actors in the munity", were ordered to come to England, there to answer +before the Star Chamber the charge of treason.[291] + +As the time approached for him to return to Virginia, Harvey began to +show symptoms of nervousness. Feeling possibly that the threats of +"pistolling" were not to be taken lightly, he requested the King to +furnish him a royal vessel in which to make the journey. The appearance +of one of the King's own ships in the James, he thought, would "much +abate the bouldness of the offenders". This request was granted, and, +after some months of delay, Harvey set forth proudly in the _Black +George_. But Charles had not cared to send a really serviceable vessel +to Virginia, and for a while it seemed that the _Black George_ would +relieve the colonists of their troubles by taking Sir John to the +bottom. The vessel, it would appear, sprang a leak +before it had been many hours at sea, and was forced to return to port. +The Governor then decided that a merchant vessel would suffice for his +purposes, and set sail again, upon a ship of the Isle of Wight. + +He reached Point Comfort in January, 1637. Not wishing to wait until his +ship reached Jamestown before asserting his authority, he landed at once +and established a temporary capital at Elizabeth City. He had received +instructions to remove from the Council all the members that had taken +part in the "thrusting out", and he brought with him commissions for +several new members. Orders were issued immediately for this +reconstructed Council to convene in the church at Elizabeth City. There, +after the oath had been administered, he published a proclamation of +pardon to all persons implicated in the "mutiny", from which, however, +West, Matthews, and the other leaders were excluded. The Governor then +proceeded to displace all officials whom he considered hostile to his +administration. "Before I removed from Elizabeth City," he wrote, "I +appointed Commissioners and sheriffs for the lower counties, and for the +plantation of Accomack, on the other side of the Bay." + +The "thrusting out" did not cause Harvey to become more prudent in the +administration of the government. His restoration, which Charles had +meant as a vindication of the royal authority, the Governor seems to +have interpreted as a license for greater tyranny. If the accusations of +his enemies may be credited, he went to the greatest extremes in +oppressing the people and in defying their laws. With the Council now +completely under his control, he was master of the courts, and inflicted +many great wrongs by means of "arbitrary and illegal proceedings in +judgment". Confiscations and other "most cruel oppressions", it was +declared, were used to punish all that showed themselves hostile to his +government. He and his officers did not scruple to impose many unjust +fines, which they converted "to their own private use", nor to strike +terror into the people with whippings and "cutting of ears".[292] + +Nor did Sir John neglect to take revenge upon those old enemies that had +so defied and humiliated him. West, Utie, Matthews and Pierce were sent +at once to England, and their goods, cattle and servants seized. Beyond +doubt it was against Samuel Matthews that Harvey bore the most bitter +animosity, and it was his estate that suffered most. The Governor had +been heard to say that if one "stood, tother should fall, and if hee +swomme, the other should sinke". Matthews was one of the wealthiest men +of the colony, his property consisting largely of cattle, but Sir John +now swore that he would not leave him "worth a cow taile". At the next +session of the Quarter Court, suit was entered against Matthews by one +John Woodall, for the recovery of certain cattle. The learned judges, +upon investigation, found that in the year 1622 Matthews held two cows +rightfully belonging to Woodall. It was their opinion that the increase +of these cows "unto the year 1628 ... might amount unto the number of +fifteen". "Computing the increase of the said fifteen head from the year +1628 to the time of their inquiry, they did return the number of fiftye +head to the said Woodall."[293] + +When Matthews heard that his estate had been seized and "havoc made +thereof", he entered complaint with the Privy Council and secured an +order requiring Harvey to restore all to his agents in Virginia. But the +Governor was most reluctant to give up his revenge upon his old enemy. +For seven months he put off the agents and at last told them that he had +received new orders from the Privy Council, expressing satisfaction with +what had been done and bidding him proceed.[294] Thereupon Secretary +Kemp and other friends of the Governor entered Matthews' house, broke +open the doors of several chambers, ransacked all his trunks and chests, +examined his papers, and carried away a part of his goods and eight of +his servants.[295] Soon after, however, Harvey received positive +commands from the Privy Council to make an immediate restoration of all +that had been taken. In January, 1639, he wrote that he had obeyed their +Lordships exactly, by calling a court and turning over to Matthews' +agents many of his belongings.[296] But Harvey denied that he had ever +appropriated the estate to his own use, and claimed that he had been +misrepresented by "the Cunning texture of Captain Mathews, his +complaint".[297] + +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 £500 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 coöperate 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 coöperation 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 régime, 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, reëlected, 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 +reëlected.[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 reëstablish 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 coöperation 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] + +Can there be any doubt that the Navigation Acts and the futility of all +attempts to escape their baleful effects, were largely instrumental in +bringing on Bacon's Rebellion? As prosperity and contentment are the +greatest safeguards of the public peace, so poverty, nakedness and +distress are breeders of sedition. Philip Ludwell spoke of Bacon's army +as "a Rabble of the basest sort of People; whose Condicion was such as +by a chaunge could not admitt of worse".[405] Had England been less +selfish in her treatment of Virginia, there would not have been so many +indigent men in the colony eager to join in this wild uprising against +the government. Berkeley himself admitted, in 1673, that at least one +third of the freemen had been rendered so desperate by poverty and debt +that in times of foreign war their loyalty to England could not be +relied upon.[406] + +But Charles II was indifferent to the welfare of these distant subjects +and blind to their growing dissatisfaction. Just when the situation was +most critical, he aroused their anger and grief to the highest pitch, by +making a gift of the entire colony to Lord Culpeper and the Earl of +Arlington. Previously he had granted that portion of Virginia which +lies between the Potomac and the Rappahannock rivers, known as the +Northern Neck, to Lord Hopton and several other noblemen. These +patentees were to receive fees, remainders, reversions and escheats, and +were given power to grant patents for all land that had not been taken +up. This had caused the people of Virginia, and especially those +residing in the Northern Neck, great uneasiness, and had proved a +serious hindrance to the settling of that region. The Assembly, dreading +the clash of jurisdiction which this grant made almost inevitable, had +sent agents to England to persuade the King to annul the patent, or +permit the purchase of the tract by the colony. While they were working +to this end, there came the unexpected news that Arlington and Culpeper +had received a grant of the entire colony. Without consulting in the +least the desires of the people, Charles had given them over to two +unscrupulous favorites, with the indifference he might have shown in +presenting a necklace to his mistress. The colonists, "to their +unspeakable griefe and Astonishment", felt now that they were "reduced +to a far worse condition than that wherein they had adventured their +lives and fortunes for the planting that Country under the +Company".[407] + +The privileges and powers granted in this patent, had they ever been +exercised by Arlington and Culpeper, would have rendered the government +at Jamestown almost a nullity. The two lords were to receive all +escheats, quit-rents, duties and reservations belonging to the Crown; +they were given power to divide the territory into counties, hundreds +and parishes; to erect churches and present ministers to them; to make +manors, fairs, and markets; to appoint sheriffs, surveyors, and other +important officers; to issue patents for land; to appropriate to their +own use all arrears of "rents and other profits", accruing since the +year 1669. + +In great alarm the Virginia Assembly directed the agents in England to +use their utmost endeavors to have this grant recalled. At the same time +they drew up a statement of their objections to the patent, showing how +unjust and ruinous were its provisions. It was in direct conflict with +numerous royal concessions and patents, given them from time to time +under the Great Seal. There was good reason to fear that the lords, by +their deputies, might impose upon them new rents and services. They +might demand new surveys and new patents for land which had long been +occupied. They might, in fact, completely devastate the government of +all its "just powers and authorities". + +The agents, upon receiving these instructions, went to the Lords +Patentees to request them to resign the most obnoxious of their new +powers.[408] In case they refused, the agents threatened to appeal at +once to the King. Arlington and Culpeper received them courteously, and, +after numerous delays, consented to relinquish the patent, provided +Virginia would offer no objection to the passing of a new grant, +assuring them the quit-rents and escheated property. The agents were +well satisfied with this settlement, for it would relieve the colony of +its fear of proprietary government, while the grant of the rents and +escheats would impose little additional burden.[409] + +In order, however, to prevent the giving away of such disturbing powers +in the future, they petitioned the King to grant "Letters Pattents for +the incorporacon" of the colony.[410] In this new charter they desired +first that permission be given Virginia to purchase the Northern Neck. +They next requested the King to promise that Virginia should have no +other dependence than upon the Crown of England, "nor in the future be +cantonized into parcells by grants made to particular persons". "And for +the prevention of surreptitious grants" they desired his Majesty to +promise in the charter that nothing should again pass concerning +Virginia until a hearing had been given to some person impowered by the +colony to represent their interests. Of even greater importance was +their desire, "That there shall bee no Taxe or Imposition layd on the +people of Virginia, but by their owne Consente, and that Express'd by +the Representatives in Assembly."[411] + +The whole matter came before the King in Council, June 23, 1675, and was +referred to the judgment of Attorney-General William Jones and +Solicitor-General Francis Winnington.[412] In October these officers +reported that in their opinion the patent of incorporation would be +beneficial both to the colony and the King's service, and ought to be +granted. Charles thereupon gave directions that the papers be drawn up +for his signature. But here, for some unknown reason, the matter came to +a halt. Several months passed and the patent had not been issued.[413] +At last, April 19, 1676, at the urgent request of the agents, his +Majesty directed that the Lord Chancellor cause the papers to pass the +Great Seal at once. But before this could be done, news came to England +of Bacon's Rebellion, and the King immediately reversed his order. +Later, other Letters Patent were granted, but they were very different +from those sought by the agents, and contained little more than a bare +declaration of the colony's direct dependence upon the Crown of +England.[414] + +This unsatisfactory business caused great irritation among the +colonists. The heavy expense of carrying on the negotiations in England +"made them desperately uneasie, especially when, after a whole Year's +Patience ... they had no Encouragement from their Agents".[415] A tax of +fifty pounds of tobacco per poll, imposed for the purchase of the +Northern Neck, aroused widespread dissatisfaction. In April, 1676, +Governor Berkeley, fully conscious of the mutterings of revolution, was +awaiting with anxiety the arrival of favorable news from the agents. +"There are divers," he wrote, "that would fain persuade the people that +al their high taxes will bring them no benefit, so that if the most +advantageous terms had been proposed to us it would have been impossible +to have persuaded the people to have parted with more tobacco til a +more certain demonstration had been given them of what is already done. +I appeased two mutinies this last year raysed by some secret villaines +that whispered amongst the people that there was nothing intended by the +fifty pounds levy but the enriching of some few people."[416] In 1677, +after Bacon's Rebellion, the King's commissioners heard from all sides +that the imposition of this tax was one of the main causes of +discontent.[417] + +The wars of 1664 and 1672 with Holland added much to the distress in +Virginia. The bold Dutch mariners, angered at the injury done them by +the Navigation Acts, preyed upon the English merchantmen in every sea. +Woe to the tobacco ship that encountered a hostile privateer, in its +journey across the Atlantic! The English vessels were not safe even in +the Virginia rivers, under the guns of their forts. Twice the daring +Dutch came through the capes and into the James River itself, where they +wrought great damage to the shipping. + +It was the custom, during these times of danger, for the merchant +vessels of Virginia and Maryland to cross the Atlantic in large fleets, +under the protection of English men-of-war. In May 1667, some twenty +vessels were anchored in the mouth of James River, near Newport News, +awaiting the remainder of their fleet before sailing. Three leagues +above them lay the _Elizabeth_, a frigate of forty-six guns, sent by the +King for the protection of the colony. She was undergoing repairs, +however, having become "soe disabled in her Maste and Leaky in her Hull +as that she could not keep at sea", and for the moment afforded little +proctection to the merchantmen riding below.[418] + +At this juncture, a fleet of five Dutch warships, under the command of +Abraham Crimson, appeared off the coast, bent on mischief to the English +shipping. The Hollanders, learning of the exposed position of the +tobacco fleet from the crew of a shallop which fell into their hands, +determined upon a bold attack. On their way to the capes they +encountered a ship of London bound from Tangier to Virginia. The +English master, Captain Conway, "fought them very well for two hours, +but at last being wounded himself and over powered with men, was taken +by them".[419] + +The Dutchmen came into Chesapeake Bay June 4, and anchored there over +night. The next morning, taking advantage of a fair easterly breeze, +they sailed boldly into the mouth of the James. In order to take their +prey entirely by surprise they flew the English colors, and as they +passed the merchantmen, hailed them in English and sang out their +soundings in English. Proceeding directly up to the unsuspecting +frigate, they threw aside their disguise with the roar of three volleys. +The captain of the _Elizabeth_ had gone ashore, to attend a wedding it +was said, and had left but thirty men on board.[420] Without officers, +and surprised by superior numbers, the sailors could make no effective +resistance. Several rushed to their guns, but they fired only one piece +of ordnance before they were forced to surrender. While some of the +Dutchmen were securing the _Elizabeth_, the others turned upon the +helpless merchantmen and succeeded in capturing the entire fleet. +Several of the ships might have saved themselves by running into the +Elizabeth River, where the enemy would not have dared to follow them, +but they seemed paralyzed with surprise and fell an unresisting +prey.[421] + +Great was the grief and rage of Sir William Berkeley when news of this +disaster reached him. How could he answer to the King for the loss of +the royal frigate and twenty English merchantmen? With great promptness +and resolution he decided to fit out all available vessels in the colony +for a sally upon the enemy. In the upper James were three merchantmen +and in the York nine. If these could be supplied quickly with guns and +men, there might yet be time to defeat the Dutch and rescue the captured +ships. The Governor, who was ever reckless in exposing his person, +resolved to direct the attack himself in the good ship _Admirall_. But +some of the masters by no means relished the thought of risking their +vessels and their cargoes in a battle with the Dutch. When the Governor +impressed them into the King's service by putting the broad arrow upon +their masts, they pretended obedience, but used such delays that the +fleet could not be prepared in time. Captain Lightfoot, of the +_Elizabeth_, grieved by the loss of his ship, "very passionately +resolved to hazard himself in the _Admirall_", while several members of +the Council and forty other gentlemen volunteered their services. Upon +the shore were assembled four regiments of militia, ready to embark +should they be needed. Yet the masters continued their procrastination +day after day until the Dutch escaped. + +Nor had Admiral Crimson shown any haste to be off. Soon after the battle +he had burned five or six of the merchantmen, "for want of men to man +them". It had also been necessary for him to destroy the frigate, which +was still out of repair and far from seaworthy. He had sent parties +ashore several times to secure water, which he greatly needed, but they +had been driven back with ease. After a stay of five or six days in +James River, he sailed away with his prizes, leaving the Governor to +dismiss his militia and write home his accusations against the +masters.[422] + +Warned by this experience, the English government, upon the outbreak of +the war of 1672, sent two men-of-war to Virginia. These vessels, in July +1673, were stationed at the mouth of the James guarding a large fleet of +merchantmen, when news came that nine Dutch warships were approaching +the capes. Instantly preparations were made to fight them. Several of +the tobacco ships were forced into service and fitted with guns. Sailors +were taken from the smaller vessels to help man the larger. But before +all could be put in readiness the enemy came through the capes and +anchored at Lynhaven Bay.[423] + +The English had as yet little apprehension for the safety of their +merchantmen, for they could at any time run under the guns of a fort at +Nansemond, or could retreat up the James while their men-of-war held +back the enemy. At this moment, however, there appeared across the +waters of the Chesapeake eight sail of the Maryland fleet, unconscious +of their danger and bearing down upon the Dutch. The English commanders +realized that only instant action could save them. Taking with them six +of the tobacco ships they sailed out to give battle. + +"But before they came within reach of gun shot 4 of the merchant ships +came on ground." One turned back to the James. But the other three ships +went on, and unaided fought six of the largest Dutchmen. For three hours +the battle continued with great fury. At last Captain Gardner, one of +the English commanders, "judging that the enemy (if he checkt them not) +would be in with (the) merchant ships riding in James river ... tacked +alone upon them with Extra ordinary courage, and for at least one houre +fought them all.... But, having all his greate maste and his fore +topmast desperately wounded, and most of his rigging shot", he was at +last forced to retire. "With as much courage as conduct (and beyond the +hopes or expectation of those who saw that brave action) (he) disengaged +himselfe ... and brought off all the Marylanders but one." The Virginia +fleet, "which were neere 40 sail", secured "almost a tides way before +the enemy, which undoubtedly saved many which otherwise would have bin +lost". Some of the merchantmen took refuge at Fort Nansemond, where the +enemy dared not attack them, others retreated up the river towards +Jamestown. Unfortunately five of them, in the confusion of the flight, +ran aground and were afterwards captured. The four ships which had +grounded before the battle also fell into the hands of the Dutch. Thus, +despite the gallant conduct of the English, the enemy succeeded in +capturing a large part of the tobacco fleet.[424] + +Great as was the distress caused by the depredations of the Dutch, the +planters suffered even more during these wars by the stagnation of +trade. The great risk incurred in crossing the ocean necessarily brought +an increase both in freight rates and in the cost of manufactured +goods. In 1667 the Governor and Council declared that the planters were +"inforced to pay 12 pounds to £17 per ton freight" on their tobacco, +"which usually was but at seven pounds".[425] Conditions were even worse +during the second war. In 1673 Berkeley complained that the number of +vessels that dared come to Virginia was so small, that they had "not +brought goods and tools enough for one part of five of the people to go +on with their necessary labor". "And those few goods that are brought," +he added "have Soe few (and these hard Dealing) Sellers and Soe many +Indigent and necessitous buyors that the Poore Planter gets not the +fourth part ... for his tobacco which he usually has had in other +times."[426] + +In this period, so full of suffering and misfortune, the year 1667 was +especially noteworthy for its long series of disasters. In November +Secretary Thomas Ludwell wrote Lord Berkeley, "This poore Country ... is +now reduced to a very miserable Condicon by a continuall course of +misfortune. In Aprill ... we had a most prodigeous Storme of haile, many +of them as bigg as Turkey Eggs, which destroyed most of our younge Mast +and Cattell. On the fifth of June following came the Dutch upon us, and +did soe much mischiefe that we shall never recover our reputations.... +They were not gone before it fell to raineing and continued for 40 dayes +together, which Spoiled much of what the haile had left of our English +Graine. But on the 27th of August followed the most Dreadful Hurry Cane +that ever the colony groaned under. It lasted 24 hours, began at North +East and went round northerly till it came to west and soe on till it +came to South East where it ceased. It was accompanied with a most +violent raine, but no Thunder. The night of it was the most Dismall tyme +that ever I knew or heard off, for the wind and rain raised soe Confused +a noise, mixt with the continuall Cracks of falling houses.... The waves +(were) impetuously beaten against the Shoares and by that violence +forced and as it were crowded up into all Creeks, Rivers and bayes to +that prodigeous height that it hazarded the drownding many people who +lived not in sight of the Rivers, yet were then forced to climbe to the +topp of their houses to keep them selves above water. (The waves) +carryed all the foundation of the fort at point Comfort into the River +and most of our Timber which was very chargably brought thither to +perfect it. Had it been finished and a garison in it, they had been +Stormed by such an enemy as noe power but Gods can restraine.... Had the +Lightning accompanied it we could have beleeved nothing else from such a +confusion but that all the elements were at Strife, which of them should +doe most towards the reduction of the creation into a Second Chaos. It +was wonderful to consider the contrary effects of that Storme, for it +blew some shipps from their Anchors and carryed them safe over shelves +of Sand where a wherry could Difficultly passe, and yet knockt out the +bottome of a ship ... in eight foot water more than she drew. But when +the morning came and the Sun risen it would have comforted us after such +a night, had it not lighted us to ye Ruines of our plantations, of which +I thinke not one escaped. The nearest computation is at least 10,000 +houses blowne downe, all the Indian Graine laid flatt upon the ground, +all the Tobacco in the fields torne to pieces and most of that which was +in the houses perished with them. The fences about the Corne fields +(were) either blown down or beaten to the ground by trees which fell +upon them & before the owners could repaire them the hoggs & Cattell +gott in and in most places devoured much of what the Storme had +left."[427] + +In the midst of the second Dutch war came another scourge no less +distressing than the great hurricane. Throughout the 17th century cattle +raising was one of the most important industries of the small Virginia +proprietors. No planter, however insignificant his holdings, was without +his cow and his calf.[428] They constituted a most important portion of +his wealth, and an indispensable source of support. In the winter of +1672-3 occurred an epidemic which destroyed more than half the cattle +of Virginia. The mortality was increased by the cold, which was +unusually severe. Many men, in an effort to preserve the poor beasts, +gave them all their corn and thus brought hunger upon themselves. Before +relief came with the spring, fifty thousand cattle had perished.[429] + +Perhaps the people of Virginia might have borne patiently all these +misfortunes, had their Governor ruled them with wisdom and justice. +Certain it is they would never have turned in wild anger to strike down +his government, had that government not done much to make their +condition intolerable. Sir William Berkeley was accused of destroying +the representative character of the Assembly, of initiating a notorious +spoils system, of intimidating Burgesses, of winking at embezzlement of +public funds. And, although most of these charges were brought by the +Governor's bitter enemies, some of them were undoubtedly true. + +In Virginia, during this period, the commons could guard their interests +only by means of the House of Burgesses. All other organs of government +were controlled by Berkeley and his friends. The people had no voice in +the selection of vestrymen, or sheriffs, or justices of the peace, and +no control over their actions. The Council was entirely submissive to +the Governor's will. Its members not only held their seats at Sir +William's pleasure, but were the recipients of numerous other favors +that bound them closely to his interest. Thus in the executive, in all +branches of the judiciary, and in the upper house of Assembly the +Governor was all-powerful. + +If then he could control the Burgesses and make them subservient to his +desires, he would remove the only obstacle to almost complete despotism. +Nor was it a matter of very great difficulty for him to gain a mastery +of the House. In every county he could nominate government candidates, +and exert tremendous pressure to secure their election. If necessary, +they might be seated by fraud at the polls or false returns by the +sheriff.[430] "It is true," Bacon declared, "that the people's hopes of +redemption did ly in the Assembly, as their Trusts, and Sanctuary to fly +to, but I would have all men consider first how poore people are +debarred of their fair election, the great men in many places haveing +the Country in their debte and consequently in their aw. Secondly how +meanly we are provided of men of Learning, ability and courage, nay +indeed of honesty, to stand up in the people's behalf and oppose the +oppressing party."[431] + +And if ever, despite these difficulties, the candidates of the people +were elected, the Governor might still win their support in the House, +by a judicious use of the patronage. He controlled enough offices of +honor and profit to reward richly his friends in the Assembly. If the +Burgess was careful never to thwart the wishes of the Governor, or to +vote against his measures, he might reasonably expect a collectorship, a +sheriff's place, a commission in the militia, or possibly a seat in the +Council. A large percentage of the members of the House were +office-holders.[432] + +If half the charges brought against Berkeley are to be believed, he was +guilty of instituting a system of political corruption as effective as +that maintained in France by Guizot during the reign of Louis Philippe. +He has assumed to himself, it was declared, "the sole nominating, +appointing and commissionating of all ... officers both civil and +military amongst us ... (they) being ... (the better to increase ... his +party) multiplied to a greate number.... All which offices he bestowed +on such persons (how unfitt or unskillfull soever) as he conceived would +be most for his designs. And that the more firmely to binde and oblige +them thereunto and allure others to his party, he ... permitted or +connived at the persons soe commissionated by him ... unwarrantably ... +to lay and impose what levies and imposicons upon us they should or did +please, which they would often extort from us by force and violence, and +which for the most part they converted to their owne private lucre and +gaine. And ... Sir William Berkeley, haveing by these wayes and meanes, +and by takeing upon him contrary to law the granting collectors places, +sherifs, and other offices of profitt to whome he best pleased, he soe +gained uppon and obliged all the greatest number of the men of parts +and estates in the whole country (out of which it was necessary our +representatives and Burgesses should be elected) hath there by soe +fortifyed his power over us, as of himselfe without respect to our laws, +to doe what soever he best pleased, and from time to time ... to gaine +and procure great quantities of Tobacco and mony from us to his proper +use over and besides the Thousand pounds yearly salary ... and over and +besides the fees, profitts and per quisites to the place of Governour +belonging."[433] + +Bacon himself declared, in justification of his rebellion, that +oppression and injustice were rife in the colony, and that it was +useless to appeal to the Assembly for redress. "The poverty of the +Country is such," he said, "that all the power and sway is got into the +hands of the rich, who by extortious advantages, having the common +people in their debt, have always curbed and oppressed them in all +manner of wayes." The poor, he declared, were kept in such perpetual +bondage that it was not possible for labor or industry to extricate +them. The great men of the colony had brought misery and ruin upon the +common people by perverting all equity and right. The perpetual breach +of laws, remiss prosecutions, excuses and evasions, but too plainly +attested that things were carried by the men at the helm, "as if it were +but to play a booty, game or divide a spoile". "Now consider," he adds, +"what hope there is of redress in appealing to the very persons our +complaints do accuse."[434] + +And when once the Governor had obtained a House that was subservient to +his will, he might, by his power of prorogation, continue it +indefinitely. During the years from the Restoration to Bacon's +Rebellion, there were not more than two general elections, and probably +only one--that of 1661.[435] Under these circumstances the Assembly +could no longer be said to represent the voters of the colony. The +Burgesses might defy or betray the people as they chose, they could not +be made to answer at the polls for their misconduct. And their is ample +proof that this Long Assembly attended more to the commands of the +Governor than to the wishes of electors that could no longer elect. Even +Sir William's best friends admitted that his authority in Virginia was +almost despotic. Secretary Thomas Ludwell, writing in 1666, declared +that the Governor was "the sole author of the most substantial part" of +the government, "either for Lawes or other inferior institutions".[436] +"Our representatives," complained the Charles City commons eleven years +later "(of which for this county in nine yeares time last past there +hath been a verry doubtful election as we conceive) have been overswayed +by the power and prevalency of ... Sir Wm. Berkeley and his councell, +divers instances of which wee conceive might be given, and have +neglected our grievances made knowne to them."[437] + +That this overthrow of representative government in the colony and the +substitution of the Governor's despotic sway contributed greatly to the +anger and desperation of the people, there can be no doubt. The evidence +comes not only from the rebels and from the county grievances, but from +disinterested persons, and even Berkeley's friends. "Whatever +palliations," wrote Governor Thomas Notley, of Maryland, in 1677, "the +grate men of Virginia may use at the Councell board in England, ... yett +you may be sure ... much ... if not every tittle" of the accusations +against them are true. "If the ould Course be taken and Coll: Jeoffreys +build his proceedings upon the ould ffoundation, its neither him nor all +his Majesties Souldiers in Virginia, will either satisfye or Rule those +people. They have been strangely dealt with by their former +Magistracy."[438] William Sherwood, if we may believe his own statement, +forfeited Sir William's favor by reporting in England that "the general +cry of the country was against ye Governour". And "it is most true", he +added, "that the great oppressions & abuse of ye people by ye Governours +arbitrary will hath been ye cause of the late troubles here".[439] + +The illegitimate influence of Berkeley over the Assembly was the more +galling to the people inasmuch as they had no voice in local government. +The justices of the peace, who exercised the most important powers in +the counties, received their commissions, not by popular election, but +by executive appointment. And the Governor, although often influenced in +his selections by the advice of the Council, gave little heed to the +wishes of the commons. His appointees were invariably men of means and +influence, and could be relied upon to uphold the interests of the +aristocracy and the Governor. + +The justices were members of the county courts, and as such exercised +judicial, executive and legislative functions in local affairs. The +courts met every second month, and were empowered to settle cases +involving not more than ten pounds sterling.[440] Individual justices +could "try and determine any cause to the value of twenty shillings or +two hundred pounds of tobacco".[441] Far more important was the power of +the courts to impose direct taxes. The county levy was usually very +heavy. In fact, during the Restoration period, it often exceeded the +public levy voted by the Assembly. In Lower Norfolk county, during the +years from 1666 to 1683, the local assessment amounted to 188,809 pounds +of tobacco.[442] This sum seems to us now almost insignificant, but it +proved a very real burden to the indigent freemen of that unhappy +period. Yet perhaps the people would not have complained had the +assessments been voted by a body elected by themselves or representative +of their interests. They were bitterly angered, however, that they +should be taxed without their own consent and against their wishes, by +appointees of the Governor; and the sense of wrong was aggravated by the +fact that the taxes were often voted by the courts in secret session, +not without grave suspicions of abuses and fraud.[443] "It has been the +custome," it was declared in the Surry grievances, "of the County Courts +att the laying of the levy to withdraw into a private Roome by which the +poor people not knowing for what they paid their levy did allways admire +how their taxes could be so high."[444] "Wee desire," declared the +people of the Isle of Wight, "to know for what wee doe pay our Leavies +everie year and that it may noe more be layd in private."[445] From +Charles City came the most startling charges of fraud and oppression. +"The Commisoners or Justices of peace of this county," it was declared, +"heretofore have illegally and unwarrantably taken upon them without our +consent from time to time to impose, rayse, assess and levy what taxes, +levies and imposicons upon us they have at any time thought good or best +liked, great part of which they have converted to theire own use, as in +bearing their expense at the ordinary, allowing themselves wages for +severall businesses which ex officio they ought to do, and other wayes, +as by account of the same on the booke for levies may appeare."[446] The +people were even deprived, during Berkeley's second administration, of +the right of electing the vestries. These bodies had always been +composed of the foremost men in each parish. At this period they +succeeded in shaking off entirely the control of the commons by +themselves filling all vacancies in their ranks.[447] Since they +exercised the power of imposing a tax to pay the ministers' salaries and +meet other obligations of the parishes, this attempt to make themselves +self-perpetuating was a matter of no little importance.[448] The people +expressed their disapproval in the most emphatic terms, and after +Bacon's Rebellion requests came from many counties that the vestrymen +might be chosen, as formerly, by the whole body of parishioners.[449] + +The unjust poll-tax, which was then used in the public, county and +parish levies, was an unending source of discontent. There can be no +doubt that it bore with too great weight upon the poor people. "They +complain," wrote Gyles Bland, on the eve of the Rebellion, "that great +Taxes are imposed upon them every yeare, by wayes very unequall, Laying +them very heavily, by the Poll, whereby the Poorer sort are in the +hardest Condition."[450] It must be remembered, however, that many of +the servants and slaves were listed as tithables, or persons subject to +the poll tax. This of course tended to increase the share of the +wealthy. Yet the inequality was very real and the burden upon the poor +very heavy. The number of tithables assessed of a man was by no means an +accurate gage of his wealth. Later in the century, with the great influx +of negro slaves, the burden upon the rich planters increased and became +more nearly proportionate to their ability to pay. + +Bland suggested that all inequality might be eliminated by adopting a +land-tax. "Which," he said, "seems to be the most equal imposition and +will generally take off the complaint of the people, although perhaps +some of the richest sort will not like it, who hold greater proportions +of land than they actually plant."[451] The King's commissioners also +thought the land tax just, but considered it "impracticable there". +When the people of Warwick county asked, "That all persons may be rated +and taxed according to their Estates", the commissioners reported that +this was "a thing to be wish'd but never to be granted them". If the +King should command it, they knew not how it would be relished by the +landed men, since the common usage had been always taxing by poll.[452] + +The universal discontent was still further increased by the wasteful and +lax use of public funds. The money which was wrung from the poor people +by these unequal taxes, was seldom wisely or economically expended. Much +was squandered upon foolish projects, costly in the extreme, and +impossible of accomplishment. Such was the attempt to build a city at +Jamestown. For many years it had been a matter of regret to the English +government that Virginia should remain so entirely a rural country. Not +realizing that this was but the result of exceptional economic +conditions and not a sign of weakness or decay, they sought more than +once to force the building of towns by legislative enactments. Thus, in +1662, in accordance with the King's wishes, the Assembly passed an act +providing for the erection of thirty-two brick houses at Jamestown.[453] +Each county was required to build one of these houses, a levy of thirty +pounds of tobacco per poll being laid for that purpose. This attempt was +foredoomed to failure, for if economic conditions could not develop +cities in the colony, the mere erection of houses upon the unhealthful +Jamestown peninsula could accomplish nothing. We learn from Bacon's +Proceedings that the town at the time of the Rebellion consisted of "som +16 or 18 howses, ... and in them about a dozen families (for all the +howses are not inhabited) getting their liveings by keeping ordnaries, +at extraordnary rates". That there was corruption or inefficiency in +carrying out the orders of the Assembly seems certain. The people of +Isle of Wight county complained of "the great Quantities of Tobacco +levyed for Building Houses of publick use and reception at Jamestown, +which were not habitable, but fell downe before the Finishing of +them".[454] + +There were also accusations of laxness and fraud in the erecting and +management of the public industrial plants. Very grievous taxes have +been laid on the poor people, it was claimed, "for building work houses +and stoare houses and other houses for the propogating & encouragem't of +handicraft and manufactury, which were by our Burgesses to our great +charge and burthen by their long and frequent sitting invented and +proposed. Yet for want of due care the said houses were never finished +or made useful, and the propagating & manufactury wholy in a short time +neglected, and noe good ever effected ... save the particular profitt of +the Undertakers, who (as is usually in such cases) were largely rewarded +for thus defrauding us."[455] + +Even more frequent and bitter complaints originated with the +construction of forts upon the various rivers to protect the colony and +the merchant ships from foreign foes. At the outbreak of the war of 1664 +it was resolved to build a fortress at Jamestown. The ships' masters +were not satisfied with the selection of this site, for obviously it +afforded no protection to vessels trading upon the Potomac, York or +Rappahannock, and very little to those upon the lower James. After one +hundred pounds sterling had been expended at Jamestown, the structure +partly completed and fourteen guns brought up, the merchants procured +orders from the English government that the fort be transferred to Old +Point. The Governor and Council were most reluctant to make this change, +but the commands were so positive they dared not disobey. So the guns +were conveyed back down the river and the work begun again. But many +serious difficulties were encountered. "We have been at 70,000lb tobacco +charge," wrote Thomas Ludwell in 1667, "and have lost several men in the +worke and many of the materials by storms breaking our rafts whereon we +float the timber to that place.... After all (we) were forced to quit +the work as of impossible manage, for great were the difficulties, and +so insupportable would the charge have been."[456] A few months after, +when the Dutch captured the tobacco fleet in the mouth of the James, +this fort seems to have been deserted. It was utterly destroyed by the +great hurricane of the following August. + +Thereupon it was decided to build five new forts, two on the James and +one upon each of the other great rivers. The charges for these +structures were to be borne entirely by the counties upon the rivers +they were to defend. Whether from mismanagement or dishonesty large sums +of money were expended in this undertaking with but little good effect. +Berkeley wrote that the colony lacked the skill either to construct or +maintain the forts, "We are at continuall charge," he declared, "to +repaire unskilfull & inartificall buildings." The King's commissioners +in 1677, testified that the forts were made of "mudd and dirt", and +could be of little service against the enemy.[457] At the beginning of +the Dutch war of 1672 the Assembly found them in poor condition and +incapable of offering resistance to the enemy. "For as much," it was +declared, "as the materials ... were not substantial or lasting, some +have suffered an utter demolition, some very ruinous and some capable of +repair." It was thereupon ordered that the forts be at once restored and +authority was given for new taxes to cover the cost.[458] + +One at least of the reconstructed forts proved of service in the hour of +need, for it was under the guns of Nansemond that many of the +merchantmen ran in July 1673, from the pursuing Dutch men-of-war. But +the people could see in them only a pretext for increasing their taxes. +And it was quite impossible to make them believe that such sums could be +expended to so little purpose save by fraud or embezzlement. The Charles +City commons declared that great quantities of tobacco had been raised +for building forts "which were never finished but suffered to goe to +ruine, the artillery buried in sand and spoyled with rust for want of +care".[459] From James City county came the complaint that although +heavy taxes had been paid for fortifications, there was in 1677 "noe +Place of defence in ye Country sufficient to secure his Majestys +Subjects against any Forreign Invasion". The King's commissioners +substantiated this statement. "We are well assured," they said, "of the +Truth of this Complaint, and doe know that the Forts erected could be of +noe use, Endurance or defence.... Yet were they of great Expence to the +People who paid Excessively for Building them."[460] + +The Assembly had from time to time sought to make the merchants trading +to Virginia aid in the defense of the colony, by imposing upon them +Castle Duties, in the form of a toll of powder and shot. The masters had +more than once complained of this duty, but as it was not very +burdensome it was allowed to remain. Had all the ammunition thus +received been used as intended by law, the people would have been saved +great expense, and the forts made more serviceable. But the +contributions, if we may believe the complaints of the people, were +often stolen by the collectors. "Notwithstanding," said the Isle of +Wight commons, "the great quantities of ammunition payd by ships for +fort duties for the countries service ... wee are forced to provide +powder and shott at our proper charges."[461] The Nansemond grievances +were more explicit in their accusations of fraud. "They Complayne that +the Castle duties, accustomed to be paid by the Masters of Shipps in +Powder & Shott for the service and security of the Country, is now +converted into Shoes and stockings &c as best liketh the Collectors of +it and disposed to their own private advantage."[462] + +It would not be just to give credence to all the accusations made +against Berkeley. The King's commissioners who conducted the +investigation into his conduct, were his enemies; while many of the +charges were brought by those who had taken part in the Rebellion. Thus +the testimony against him is in most cases distinctly partisan. Moreover +those that were closely associated with Sir William often expressed +extravagant admiration for his ability and energy, and love for his +character.[463] "He hath," wrote the Council in 1673, "for neare 30 +years governed this colony with that prudence and justice which hath +gained him both love and reverence from all the Inhabitants here."[464] + +Singularly enough Berkeley seems to have prided himself upon his ability +as a ruler. He never forgot the compliment paid him by the people in +1660, when they insisted, even against his will, upon making him their +Governor. And long after he had forfeited their confidence and esteem he +imagined himself as popular as in his first administration. It was a +bitter blow to his pride when the commons rose against his government in +1676. His proclamations bear testimony to his pain that the youthful +Bacon should have usurped his place in the affections of the +people.[465] His letter to the King asking to be recalled from his +government was undoubtedly dictated by wounded pride. Upon the eve of +his final departure for England he did not scruple to write Colonel +Jeffreys, "I will confesse to you that I beleeve that the Inhabitants of +this Colony wil quickly find a difference betweene your management and +mine."[466] + +It would be difficult to reconcile this attitude of mind with Berkeley's +oppressive administration, did we not know his views upon governmental +matters. He had never been in sympathy with republican institutions. It +was the height of folly, he thought, to allow the people to participate +either in administrative or legislative affairs. The King alone should +rule; the people's duty was to obey. It was but five years before the +Rebellion that he wrote to the Lords of Trade and Plantations, "I thanke +God there is noe ffree schooles nor printing (in Virginia)[467] and I +hope wee shall not have these hundred yeares, for learning has brought +disobedience & heresaye and sects into the world and printing has +divulged them, and libells against the best Government: God keepe us +from both."[468] A man that could utter such sentiments as these would +not scruple to throttle, if he could, all representative institutions in +his government. If he intimidated voters and corrupted the Burgesses, it +was perhaps because he thought himself justified in any measures that +would render the Governor, the King's substitute, supreme in the +government. + +But whatever is the verdict of posterity upon the conduct and motives of +Sir William Berkeley, the causes of the Rebellion stand out with great +clearness:--England's selfish commercial policy, the Culpeper-Arlington +grant, the Dutch wars, storms and pestilence, inefficient if not corrupt +government, excessive taxes. The only wonder is that the insurrection +did not occur earlier. In fact two mutinies did break out in 1674, when +the excessively heavy taxes of that year were announced, but the rebels +lacked leaders and were suppressed without great difficulty.[469] As +early as 1673 the defection of the planters was so great that it was +feared many might attempt to deliver the colony into the hands of the +Dutch. Berkeley wrote that a large part of the people were so +desperately poor that they might reasonably be expected upon any small +advantage of the enemy to "revolt to them in hopes of bettering their +Condition by Shareing the Plunder of the Country with them".[470] A +certain John Knight reported "that the planters there doe generally +desire a trade with the Dutch and all other nations and would not be +singly bound to the trade of England, and speake openly there that they +are in the nature of slaves, soe that the hearts of the greatest part of +them are taken away from his Majesty".[471] Thus the downtrodden +planters, alienated from England, angered at the Governor, even +distrusting their own Assembly, waited but an occasion and a leader to +rise in open rebellion. A new Indian war offered the occasion, and they +found their leader in young Nathaniel Bacon. + +FOOTNOTES: + +[381] P. R. O., CO1-34-95. + +[382] Scobell, Vol. II, p. 132. + +[383] Bruce, Ec. Hist., Vol. I, p. 357. + +[384] Governor Berkeley wrote in 1666 that the King's customs from the +Virginia and Maryland tobacco would amount "unto about £100,000". + +[385] Bruce, Ec. Hist., Vol. I, p. 354. + +[386] P. R. O., CO1-21. + +[387] P. R. O., CO1-21. + +[388] P. R. O., CO1-30-51. Compare Petition of Governor Berkeley, Aug. +22, 1662, CO1-16. + +[389] Hen., Vol. II, pp. 120, 121. + +[390] P. R. O., CO1-19; Hen., Vol. II, p. 272. + +[391] Hen., Vol. II, p. 238. + +[392] Ibid. + +[393] Hen., Vol. II, p. 123. + +[394] P. R. O., CO1-19; Hen., Vol. II, p. 178. + +[395] P. R. O., CO1-16; Hen., Vol. II, p. 17. + +[396] P. R. O., CO1-26-77; Hen., Vol. II, p. 315. + +[397] P. R. O., CO1-24. + +[398] P. R, O., CO1-30; Bruce, Ec. Hist., Vol. I, p. 357. + +[399] P. R. O., CO5-1371-328; Va. Mag., Vol. III, p. 38. + +[400] Bruce, Ec. Hist., Vol. I, p. 389. + +[401] Bruce, Ec. Hist., Vol. I, p. 390. + +[402] P. R. O., CO1-20. + +[403] P. R. O., CO1-20. Ludwell to Arlington. + +[404] P. R. O., CO1-21. Governor and Council to the King. + +[405] P. R. O., CO1-37-16. + +[406] P. R. O., CO1-80-51. + +[407] P. R. O., CO1-34-101. + +[408] P. R. O., CO1-28-20; Burk, Vol. II, Appendix XXXVI. + +[409] Hen., Vol. II, pp. 518-543; Burk, Vol. II, Appendix XXXIII-LXII. + +[410] P. R. O., CO1-34-95. + +[411] P. R. O., CO1-34-96; CO1-34-100; CO1-33-108; CO1-34-95; Hen., Vol. +II, p. 529. + +[412] P. R. O., CO1-34-100. + +[413] P. R. O., CO1-36-48; Hen. Vol. II, p. 534. + +[414] P. R. O., CO389.6-133 to 137; Burk, Vol. II, Appendix LXI. + +[415] Beverley. + +[416] P. R. O., CO1-36-37. + +[417] P. R. O., CO5-1371-292, 331. + +[418] P. R. O., CO1-21-61. + +[419] P. R. O., CO1-21-61. + +[420] P. R. O., CO1-21-63. + +[421] P. R. O., CO1-21-61, 62. + +[422] P. R. O., CO1-21-61, 62, 63. + +[423] P. R. O., CO1-30-51, 53, 71. + +[424] P. R. O., CO1-30-51, 53. + +[425] P. R. O., CO1-21-61. + +[426] P. R. O., CO1-30-17. + +[427] P. R. O., CO1-21. + +[428] This is shown by the wills of this period, many of which have been +published in the Virginia Magazine of History and Biography. + +[429] P. R. O., CO1-30-17; CO1-30-51. + +[430] Hen., II, p. 356. + +[431] P. R. O., CO5-1371-241, 246. + +[432] Bruce, Inst. Hist., Vol. I, p. 489. + +[433] Va. Mag., Vol. III, pp. 135, 136. + +[434] P. R. O., CO5-1371-241. + +[435] P. R. O., CO5-1371-316, 319. The Assembly which met in March, +1661, was continued by successive prorogations until October, 1665. This +fact is placed beyond question by the copies of the Acts of Assembly now +preserved in the British Public Record Office. But there is no statement +in these copies that the session of June 5, 1666, had been prorogued +from an earlier date. Nor is there any indication given in Hening's +Statutes that this was not a new Assembly. (Hen., Vol. II, p. 224.) +These two omissions, then, might lead us to infer that there was a +general election in 1666. But there is other evidence tending to show +that the Assembly of 1661 was not dissolved until 1676. Thus William +Sherwood wrote during Bacon's Rebellion that the rabble had risen +against the Assembly and seemed weary of it, "in that itt was of 14 +years continuance". (P. R. O., CO1-37-17; Va. Mag., Vol. I, p. 170.) The +account of the Rebellion given in the Collections of the Massachusetts +Historical Society also declares that the session had "continued +fowerteene yeares". (Mass. S. IV, Vol. IX, p. 169.) The Isle of Wight +grievances state that the people of that county had not had an election +of Burgesses for twelve years. (Va. Mag., Vol. II, p. 380.) Lists of the +members at the sessions of September, 1663, and of October, 1666, have +been preserved by Hening. Nineteen Burgesses of the Assembly of 1663 +appear also in 1666; eleven have lost their seats and in their places +are fifteen new members. But this settles nothing, for it is quite +possible that if an election was held in 1666, the Governor's influence +might have secured the return of many old Burgesses. There was no +election from June 1666 to June 1676. It must remain, then, undetermined +whether the Long Assembly continued for ten or for fifteen years. + +[436] P. R. O., CO1-20. + +[437] Va. Mag., Vol. III, pp. 141, 142. + +[438] P. R. O., CO1-40-88. + +[439] P. R. O., CO1-40-43. + +[440] Bruce, Inst. Hist., Vol. I, p. 542. + +[441] P. R. O., CO1-20. + +[442] Bruce, Inst. Hist., Vol. II, 566. + +[443] Hen., Vol. II, 357. + +[444] Va. Mag., Vol. II, p. 172. + +[445] Va. Mag., Vol. II, p. 389. + +[446] Va. Mag., Vol. III, p. 142. + +[447] Bruce, Inst. Hist., Vol. I, p. 67. + +[448] Bruce, Inst. Hist., Vol. I, p. 77; Hen. Vol. II, p. 356. + +[449] Va. Mag., Vol. II, pp. 172, 289, 388. + +[450] P. R. O., CO1-36-54. + +[451] P. R. O., CO1-36-54. + +[452] P. R. O., CO5-1371-315. + +[453] Hen., Vol. II, p. 172. + +[454] P. R. O., CO5-1371-316-19, 304-5. + +[455] Va. Mag., Vol. III, p. 142; P. R. O., CO1-37-41. + +[456] P. R. O., CO1-21. + +[457] P. R. O., CO5-1371-292, 7. + +[458] P. R. O., CO1-29-31. + +[459] Va. Mag., Vol. III, p. 142. + +[460] P. R. O., CO5-1371-292, 7; CO1-21. + +[461] Va. Mag., Vol. II, p. 387. + +[462] P. R. O., CO5-1371-330, 331. + +[463] P. R. O., CO1-20, 21. + +[464] P. R. O., CO1-30-71. + +[465] P. R. O., CO1-37-1. + +[466] P. R. O., CO1-40-54. + +[467] Mr. P. A. Bruce, in his Institutional History of Virginia in the +Seventeenth Century, has shown that this statement is incorrect. + +[468] P. R. O., CO1-26-77. + +[469] P. R. O., CO1-36-37; CO1-36-54. + +[470] P. R. O., CO1-30-51. + +[471] P. R. O., CO1-30-78. + + + + +CHAPTER VI + +BACON'S REBELLION + + +For many years Virginia had been at peace with the neighboring +Indians.[472] The long series of wars which had filled most of the first +half of the seventeenth century had broken the spirit and power of the +Pamunkeys, the Nansemonds and the Nottoways.[473] The remnants of these +nations had become dependent upon the English, paying them tribute and +looking to them for protection from their enemies.[474] In 1675, +however, these friendly relations were disturbed by a southward movement +of some of the northern Indians. Large bodies of the warlike Senecas, +pressing upon the Susquehannocks at the head of the Chesapeake Bay, were +driving them down into Maryland and Virginia. Here their indigence and +their restlessness became a menace to the whites and an element of +disturbance to their relations with the other tribes.[475] + +In the summer of 1675 a party of savages rowed across the Potomac river, +committed several murders and made good their escape into Maryland.[476] +In anger and alarm the planters of Stafford county seized their arms to +protect their homes and to avenge their neighbors. A band of thirty or +more, led by Colonel Mason and Captain Brent, pursued the savages up the +Potomac into the Maryland woods.[477] Coming in the early dawn upon two +diverging trails, "each leader with his party took a separate path". "In +less than a furlong either found a cabin", one crowded with Doeg +Indians, the other with Susquehannocks. The king of the Doegs, when he +saw his hut surrounded by Brent's men, "came trembling forth, and wou'd +have fled". But Captain Brent, "catching hold of his twisted lock, which +was all the hair he wore", commanded him to deliver up the men guilty of +the recent murders. "The king pleaded ignorance and slipt loos", +whereupon Brent shot him dead. At this the savages in the cabin opened +fire, and the Virginians answered with a deadly volley. "Th' Indians +throng'd out at the door and fled." "The English shot as many as they +cou'd, so that they killed ten ... and brought away the kings son." "The +noise of this shooting awaken'd th' Indians in the cabin which Coll. +Mason had encompassed, who likewise rush'd out and fled, of whom his +company shot ffourteen."[478] + +This unfortunate affair was the beginning of a deadly war between the +English and the Indians, which brought untold suffering upon the people +of Maryland and Virginia. The Susquehannocks, enraged at the slaughter +of their warriors, became the most implacable enemies of the white men. +Joining with the other tribes in a league against the English, they +began a series of outrages and murders which continued many months, and +cost the lives of hundreds of men, women and children. During the year +1676 alone, more people were butchered in Virginia by the savages than +fell in the massacre of 1644.[479] This fearful mortality was due to the +fact that the Indians were now supplied with firearms. Governor Berkeley +and his friends, in their greed to secure the valuable beaver and otter +skins, had not hesitated to purchase them with powder, shot and +guns.[480] The savages had now almost entirely discarded the bow and +arrow, and were so skilful with their new weapons that the English often +hired them "to kill Deare".[481] So that when the war cry was once more +heard upon the frontier, the savages, although less numerous than in the +days of Powhatan or Opechancanough, were far more to be feared. + +It was Maryland that first felt the resentment of the savages. + +[Illustration: MAP OF + +VIRGINIA + +DURING BACON'S REBELLION] + +The people of this province had taken no part in the attack of Mason and +Brent, but the Susquehannocks were not in the humor to make nice +distinctions. In seeking revenge for the murder of their braves they +held all whites equally guilty, and fell immediately upon the nearest +plantations. Thus were the Marylanders made to suffer for the rashness +of the Virginia frontiersmen. + +Feeling that it was his duty to aid the neighboring province in this war +brought on by the hasty action of two of his own officers, and fearing +that depredations upon the Virginia frontiers could not long be +prevented, Sir William Berkeley decided to join Governor Calvert in a +vigorous attack upon the savages. Colonel John Washington, +great-grandfather of George Washington, at the head of several hundred +men, was despatched across the Potomac to effect a junction with the +Maryland troops.[482] The combined forces of the two colonies are said +to have numbered "neer a thousand men".[483] + +Unable to withstand this army in the open field, the Indians fell back +upon a fort which they had erected upon the north bank of the Potomac, +and here awaited the approach of the English. Their fortress had been +constructed with such care and skill that the white men were unable to +carry it by storm. The outer works consisted of lines of tree trunks, +from five to eight inches in diameter, "watled 6 inches apart to shoot +through", their tops firmly twisted together. Behind this was a ditch, +and within all a square citadel, with high walls and "fflankers having +many loop-holes". The fire of the red-skins from behind these works +proved so deadly that hopes of a successful assault had to be abandoned. +Nor could breaches be effected, for the allies were not provided with +heavy guns. The moist and swampy ground surrounding the fort made it +impossible to approach by means of trenches.[484] + +So the English cast their camp before the fort hoping to starve out the +enemy. Lines were drawn about the place, as closely as the nature of the +ground would permit, while boats patrolled the river to cut off escape +to the Virginia shore. Fearing, no doubt, that lack of provisions would +soon make it necessary for them to come to terms with the besiegers, the +Indians sent out several of their leaders to treat for peace. But so +deep was the animosity aroused by the recent murders, that the white men +violated the flag of truce by detaining these envoys, and finally +beating out their brains.[485] This flagrant act aroused the Indians to +a desperate defense. In numerous sallies they inflicted severe loss upon +the besiegers, and captured enough horses to supply themselves with +food. At last, after six or seven weeks of fighting, they resolved to +effect their escape. On a dark night, when the English were least +expecting it, they sallied forth, bringing with them their women and +children. Awakening the white men with their savage yells, they burst in +among them, killing and wounding many, and before resistance could be +made, were through the lines and gone.[486] + +And now the Virginians were made to pay dearly for their part in this +ill-managed affair. Early in January, 1676, the Susquehannocks crossed +the Potomac and came plundering and murdering through the frontier +counties.[487] Separating into small bands, the Indians fell upon the +more isolated plantations, and in a few days had killed no less than +thirty-six persons. Those whose wretched fate it was to be captured, +were put to death with all the tortures that devilish ingenuity could +devise. Some were roasted, others flayed alive. The sufferings of the +victims were long and protracted, while the savages knocked out their +teeth or tore off their nails or stuck feathers and lighted wood into +their flesh.[488] + +In terror the people of the frontier began to desert their homes, +seeking shelter in the more populous settlements.[489] In a few weeks +one parish, upon the upper waters of the Rappahannock, was reduced from +seventy-one plantations to eleven.[490] Those that remained were +concentrated upon the largest farms, which they fortified with palisades +and redoubts.[491] + +When the news of these atrocities reached Sir William Berkeley, hasty +preparations were made for an expedition against the invaders. Sir Henry +Chicheley was put at the head of forces of horse and foot, with orders +to give immediate pursuit to the savages. But just as all was in +readiness and the command to march hourly expected, the Governor decided +that the expedition should be abandoned. Chicheley's commission was +annulled, his forces disbanded and the soldiers sent to their +homes.[492] + +What induced Berkeley to take this strange step none could tell. The +murders of the savages were continuing. The frontier was defenseless. +Messages were coming from the exposed plantations imploring aid. Why +should he desert the people and expose them to the fury of the Indians? +It is possible that he detected symptoms of mutiny among the troops and +thought it better to abandon the expedition than to run the risk of a +rebellion. He was well aware of the discontent of the people, and his +letters to England show that he dreaded an insurrection.[493] The +unhappy planters ascribed the Governor's strange conduct to avarice. He +and his friends had a monopoly of the Indian trade, and it was hinted +that he preferred to allow the atrocities to continue rather than +destroy his source of revenue. He was determined, was the cry, "that no +bullits would pierce beaver skins".[494] More probable seems the +explanation that Berkeley hoped to prevent further depredations by the +help of the Pamunkeys and other friendly tribes, and feared that an +invasion of the Indian lands might defeat this purpose.[495] + +But an Assembly was summoned in March and instructed by the Governor to +take immediate measures to secure the frontier.[496] Acting, no doubt, +under Berkeley's influence, the Assembly resolved not to carry the +conflict into the enemy's territory, but to wage a defensive war. Forts +were to be erected upon the upper waters of the great rivers, and manned +with regular troops as a protection to the outer plantations. To defray +the cost, new and heavy taxes were put upon the people.[497] + +This last act of the Long Assembly caused bitter dissatisfaction. The +border counties had hoped that provision would be made for an expedition +against the Indians. No headway could be made unless the whites took the +offensive and hunted down the savages in their own villages. The +erection of forts was useless.[498] The Indians would experience no +difficulty in avoiding them in their murderous raids. They could +approach the remote plantations, or even those far within the frontiers, +without fear of detection by the soldiers, for the numerous swamps and +dense woods afforded them ample covert. It was not intended that the +forts should be used as bases for expeditions into the enemy's country; +nor could the soldiers leave them to pursue and punish the plundering +savages. What then, it was asked, could be the value of fortresses, if +they were to defend only the ground upon which they stood?[499] + +The event proved the people right. The forts, when built, were but +slight obstacles to the invasions of the Indians. The murders became +more frequent than before. The impotency of the defenses of the colony +seems to have inspired them to more terrible and vigorous attacks. The +cry against the forts became more bitter. "It was a design," the people +thought, "of the grandees to engross all their tobacco into their own +hands".[500] As the cries of their women and children grew more piteous +and distressing, the men of the frontier spoke openly of disobedience. +Rather than pay the taxes for the accursed forts they would plant no +more tobacco. If the Governor would not send an expedition against the +Indians, they themselves would march out to avenge their wrongs. The +forts must be dismantled, the garrisons dismissed.[501] + +From all parts of the colony came the insistent demand that the +Assembly, which had so long been but a mockery of representative +government, should be dissolved and the people given a free +election.[502] But Berkeley was not the man to yield readily to this +clamor. Never, in all the long years that he had ruled over Virginia, +had he allowed the rabble to dictate his policies. He would not do so +now. When petitions came from the frontiersmen, asking leave to go out +against the Indians, he returned a brusk and angry refusal.[503] A +delegation from Charles City county met with a typical reception from +the irritable old man. As they stood humbly before him, presenting their +request for a commission, they spoke of themselves as the Governor's +subjects. Upon this Berkeley blurted out that they were all "fools and +loggerheads". They were subjects of the King, and so was he. He would +grant them no commission, and bade them be gone, and a pox take +them.[504] Later he issued a proclamation forbidding under heavy +penalties all such petitions.[505] + +Unfortunately, at this juncture came news that large bodies of Indians +were descending upon the upper waters of the James, and that another +bloody assault might soon be expected.[506] In terror and anger the +people of Charles City county seized their arms, determined to repel +this threatened storm, with or without the Governor's permission. +Parties went about from place to place beating up volunteers with the +drum. The magistrates were either in sympathy with the movement, or were +unable to prevent it.[507] Soon a considerable body of rough, determined +men were assembled, awaiting only a leader to march out against the +enemy. + +This leader they found in one of the most interesting and picturesque +characters in Virginia history. Nathaniel Bacon is depicted as +twenty-nine years of age, black-haired, of medium height and slender, +melancholy, pensive, and taciturn. In conversation he was logical and +convincing; in oratory magnetic and masterful.[508] His successful +expeditions against the Indians and the swift blows he directed against +the loyal forces mark him as a military commander of no mean +ability.[509] + +Bacon was almost a stranger in Virginia, for he had left England less +than two years before.[510] He was fortunate, however, in having a +cousin, also named Nathaniel Bacon, high in the favor of Sir William +Berkeley.[511] It was doubtless through the influence of this relative +that the young man attained a position of great influence, and was +appointed to the Council itself.[512] But submission to the will of the +imperious Governor was the price paid by all that wished to remain long +in favor in Virginia. Bacon did not approve of Berkeley's arbitrary +government; he disliked the long continuation of the Assembly, the +unjust discriminations, the unusual taxes, the incapacity of officials; +and it was not in his fiery temper to conceal his opinions. Soon, it +would seem, the frowns of the Governor began to fall upon him, and he +grew weary of coming to Council.[513] + +Bacon had made his home in Henrico, at that time one of the extreme +frontier counties. His marked ability, his liberal education, his place +in the Council soon gave him a position of great influence among his +rough but hardy neighbors. None could be better suited to assume command +over the desperate volunteers that had gathered in Charles City county. + +But it was a very serious step to accept the leadership of this band +which had taken arms in defiance of the Governor's commands. It would +expose him to the charge not only of disobedience, but of open +rebellion. Bacon, however, like all that dwelt upon the frontiers, was +angered at the inadequate protection given by the government. When news +came to him that depredations had been committed upon one of his own +plantations, and that his overseer had been killed, he was eager to take +revenge.[514] + +Now some of Bacon's friends, as anxious as he for an Indian expedition, +and thinking him most proper to conduct it, suggested his name to the +volunteers. The men were quite willing to accept so influential a +commander, but it was not so easy to persuade Bacon to take the +dangerous place. He consented, however, to row across the river, and +visit the soldiers in their camp. Here the men gathered around him, and +with joyous shouts of, "A Bacon! A Bacon!" proclaimed him their leader. +His friends pressed him to accept. They would, they said, accompany him +on his expedition. If the Governor ordered them to disband, they would +defy him. "They drank damnation to their souls", if they should prove +untrue to him. Touched by these proofs of confidence, and fired perhaps +with ambition, the young man yielded, and Bacon's Rebellion had +begun.[515] + +From the very first the movement assumed the character of an +insurrection.[516] Amid the hearty applause of his rough followers, +Bacon spoke of the negligence, the incapacity and wickedness of the +government. Their betrayal into the hands of the savages was but one of +many grievances. The laws were unjust, the taxes oppressive. Something +must be done to redress these wrongs and to end misgovernment.[517] And +as the poor people flocked in to him, he listed their names in a huge +round-robin and bound them to him by an oath of fidelity.[518] + +A message was dispatched to the Governor to request a commission +authorizing the expedition against the Indians.[519] But Bacon promised +his men that if Sir William withheld his assent, he would lead them +forth without it; and in the meanwhile, without waiting for the +Governor's reply, he crossed over into New Kent, "a county ripe for +rebellion", where he expected to strengthen his position and perhaps +attack the Pamunkeys.[520] This nation had for many years been friendly +to the English, and had more than once given them invaluable assistance +against other Indian tribes. Their present queen was the widow of +Tottopottomoi, who had been killed while fighting as the ally of the +white men against the Richahecrians.[521] They now occupied land +allotted them by the Assembly, upon the frontier of New Kent, where, it +was supposed, they would act as a protection to the colony against the +raids of hostile tribes.[522] When the Susquehannocks began their +depredations Governor Berkeley expected valuable assistance from these +allies, whom he termed his "spyes and intelligence" to search out "the +bloody enimies".[523] But the Pamunkeys not only failed to check the +invasion of the Susquehannocks, but seem to have joined with them in the +work of bloodshed and pillage. The people of the frontier believed that +almost all the Indians were leagued together for their ruin. The +Pamunkeys, they were sure, had taken part in the recent atrocities. And +as they were their close neighbors, knowing all their customs and all +their habitations, they were especially fitted for the work of +destruction. The New Kent planters were now impatient to march out +against them to take revenge for the recent horrible murders. But the +Pamunkeys, upon hearing of Bacon's approach, deserted their reservation +and took refuge in the wilderness.[524] + +It is not hard to imagine the Governor's anger when he heard of these +proceedings. Despite the testimony of the frontiersmen, he had refused +to believe the Pamunkeys guilty, and he still relied upon them for +assistance against the Susquehannocks. Bacon's proceedings, in +frightening them from their lands, upset all his plans of defense. Yet +had the volunteers contented themselves with attacking the Indians, it +is conceivable that Berkeley would have yielded. But when they took up +arms without his permission, put themselves under the command of a +discontented Councillor, and demanded redress of grievances from the +government, it was necessary for him to resort to repression. The +commission was refused and a proclamation issued denouncing Bacon's +conduct as illegal and rebellious. He and his men were offered pardon, +but only on condition that they lay down their arms, and return +immediately to their obedience.[525] + +But the mutineers would not obey. Are we, they complained, to return +passively to our homes, there to be slaughtered by the savage foe? The +Governor has given us no protection. The Indians are coming. Already the +blood of our butchered relatives cries aloud to Heaven. We hope we have +still enough English blood in our veins to think it more honorable to +die in fair battle with the enemy, than to be sneakingly murdered in our +beds. If we lie still, we are destroyed by the heathen; if we defend +ourselves, we are accounted rebels and traitors. But we will fight. And +if we must be hanged for killing those that will destroy us, let them +hang us, we will venture that rather than lie at the mercy of our +barbarous enemies. So, turning their backs upon the plantations, they +struck out into the dense woods.[526] + +When Berkeley heard that his authority was still defied, and his pardon +rejected, he was resolved at all hazards to compel obedience. Gathering +around him a party of three hundred gentlemen, "well armed and mounted", +he set out, on the third of May, to intercept the rebels.[527] But +learning, upon his arrival at the falls of the James, that Bacon had +crossed the river and was already far away, he decided to encamp in the +frontier counties and await his return.[528] + +But he sent out a party under Colonel Claiborne to pursue the Pamunkeys, +and induce them, if possible, to return to their reservation. The +savages were found entrenched in a strong; position, "encompassed with +trees which they had fallen in the branch of an Impassable swamp".[529] +Their queen refused to abandon this retreat, declaring that since the +Governor had not been able to command the obedience of Bacon, he could +not save her people from his violence. But she promised that the +Pamunkeys should remain peaceable and should take no part in the raids +of the Susquehannocks. "Of this the Governor was informed, who resolved +not to be soe answered but to reduce her and the other Indians, soe +soone as Bacon could be brought to submit."[530] + +On May the tenth Berkeley issued a new proclamation. The taking of arms +by Bacon, he said, against his wishes and commands, was an act of +disloyalty and rebellion. If permitted to go unpunished, it would tend +to the ruin and overthrow of all government in the colony. It was his +duty to use all the forces at his command to suppress so dangerous a +mutiny. Should the misguided people desert their leader, and return to +their allegiance, he would grant a free and full pardon. And as +Nathaniel Bacon had shown himself by his rash proceedings utterly +unworthy of public trust, he suspended him from the Council and from all +other offices held by him. It was amazing, he said, that after he had +been Governor of Virginia so many years, and had done always equal +justice to all men, the people should be seduced and carried away by so +young and turbulent a person as Bacon.[531] + +But although Berkeley was determined to suppress the rebels by force of +arms, the attitude of the commons in other parts of the colony became so +threatening that he was forced to make some concessions. To the great +joy of the people he dissolved the unpopular Long Assembly, and ordered +a new election. It was with sorrow, he declared, that he departed with +the present Burgesses, who had given frequent proof of ability and +wisdom. But the complaints of many inhabitants of the long continuance +of the old Assembly had induced him to grant a free election. And if any +man had grievances against his government, or could accuse him of +injustice or bribery, he was to present his complaint by his Burgesses +to the Assembly, where it would be examined.[532] + +It was indeed time for the Governor to act, for the rebellion was +spreading to the older and more populous counties.[533] The people there +too were denouncing the forts, and demanding redress of grievances. Some +began to arm, and it seemed not improbable that the entire colony might +soon be ablaze. Hastening back to his residence at Green Spring, he +sought to appease the people by dismantling the obnoxious forts and +dismissing their garrisons.[534] + +In the meanwhile Bacon was making his way through the woods southward +from the falls of the James in pursuit of the Susquehannocks that had +committed the recent murders upon the frontier.[535] These savages had +not attempted to return to their homes north of the Potomac, but had +retired to the country of the Occaneechees, where they had entrenched +themselves in two forts.[536] The Occaneechees dwelt in the southernmost +part of Virginia, near the site of Clarksville.[537] They are described +as a stout people, and the most enterprising of traders. Their chief +town, situated upon an island in the Roanoke River and defended by three +strong forts, was "the Mart for all the Indians for att least 500 miles" +around.[538] The beaver skins stored in this place at the time of +Bacon's expedition are said to have valued no less than £1,000.[539] +Persicles, their king, was reported to be an enlightened ruler, "a very +brave man & ever true to ye English".[540] + +It was toward this island that Bacon led his men. But a quest for Indian +allies took him far out of his route. Everywhere he found the savages +reluctant to aid him, even those nations that had formerly been most +friendly to the English now holding aloof from them. This embarrassed +him greatly for he had relied upon receiving aid from several tribes, +and his food was not sufficient for a long march. As the little army +went further and further into the wilderness, they began to face the +possibility of starvation. When at last they approached the Occaneechee +country and received promises of aid from Persicles, their provisions +were nearly exhausted.[541] + +Upon reaching the Roanoke the English crossed the north branch of the +river and encamped upon the Occaneechee island.[542] To his deep +satisfaction, Bacon found Persicles embroiled with the Susquehannocks, +and already preparing for their destruction. When these wanderers from +the north first came to him, Persicles had received them with kindness +and had relieved their needs. But they, "being exercised in warr for +many years with the Senecaes, and living on rapin, endeavoured to beat +the Ockinagees of their own Island".[543] Persicles had defeated them, +however, and forced them to take refuge in their two forts.[544] + +Now the Susquehannocks, in their southward march, had subdued and +brought with them some members of the Mannakin and Annelecton +tribes.[545] These savages, although they lived with their conquerors, +had no love for them, and were quite willing to join in any plan for +their destruction. Persicles, it would seem, was plotting with them to +surprise and cut off the Susquehannocks, when Bacon appeared with his +men. Fearing, no doubt, that the participation of the English in the +attack would render secrecy impossible, Persicles left them on the +island, and went out alone against the enemy.[546] The Mannakins and +Annelectons proved true to their allies and the Susquehannocks were +easily defeated. Persicles returned in triumph, bringing with him +several prisoners. These he wished the English to execute, but they +"refused to take that office".[547] Thereupon he himself put them to +death with all the usual Indian tortures, "running fyer brands up their +bodys & the like".[548] + +But now the friendship of Persicles and the English came abruptly to an +end. The Berkeley party afterwards claimed that Bacon deliberately +picked a quarrel with his allies, and attacked them without +provocation.[549] It would be unjust, however, to place too much +confidence in these charges. Bacon's men found themselves in a most +critical situation. They were many miles from the plantations, +surrounded by the savages, their provisions exhausted. Persicles, they +asserted, had failed to keep his promise to supply them with food. He +was assuming a threatening posture, manning his forts, and lining the +river bank with his warriors. For Bacon to retreat from the island under +these circumstances, would have exposed his company to destruction. To +remain passive was to starve.[550] + +As the English became more insistent in their demands for food, +Persicles retired to one of his forts, and refused further conference. +Many of the savages, seeing hostilities imminent, deserted their cabins +and began to rush in through the entrances of their fortresses. But +Bacon interposed his men, and succeeded in shutting out many of +them.[551] Now from the Indians across the river came a shot, and one of +the English fell dead.[552] Instantly Bacon ordered a general attack. +The defenseless men, women and children left in the cabins were +mercilessly butchered. At the same time fire was opened upon the forts. +The soldiers rushed up to the portholes, and poured their volleys +directly in upon the wretched savages.[553] A hideous din arose. The +singing and howling of the warriors was mingled with the moans of the +dying. Fire was set to one of the forts, in which were the king's wife +and children. As the flames arose, three or four braves made a dash for +safety through the line of the English. All others in this fort, +including the king's family, perished amid the burning timbers.[554] + +The next day the fight was continued from morn till night. Several times +the savages sallied forth from their remaining forts, and placing +themselves behind trees, opened fire upon the English. But Bacon's +frontiersmen were accustomed to this method of warfare. So well were +they posted and so cleverly concealed, that most of the enemy were +picked off as they stood. At last Persicles himself led forth a party of +about twenty men in a desperate attack upon his enemy. With great +bravery they rushed around the English in a wide circle, howling and +firing. But they too were unsuccessful. Persicles was killed. Several of +his men were shot on the bank of the river, and fell into the water. Of +all this party seven only were seen to escape.[555] + +It now seemed hopeless for the Indians to fight further. With their king +and many of their warriors dead, and with one of their forts in ruins, +their ultimate destruction was certain if they remained upon the island. +So, with their women and children, they deserted the remaining forts and +escaped. How they managed to slip past the victorious white men and make +their way across the river is not explained. Thinking it best not to +follow, Bacon secured his plunder, and turned his face back towards the +plantations.[556] + +The news of the victory over the savages was received with enthusiasm in +the frontier counties. Bacon had been popular with the people before; he +now became their idol.[557] He and his men, upon their return, found the +entire colony deeply interested in the election of a new House of +Burgesses. In various places popular candidates, men in sympathy with +Bacon, were being nominated.[558] In Henrico county the people showed +their contempt for the Governor's proclamations by electing Bacon +himself.[559] + +But it would be a matter of no little risk for him to go to Jamestown to +take his seat in the Assembly. While surrounded by his loyal +frontiersmen in his own county he might well ignore the proclamations +against him, but if he put himself in the Governor's power, that fiery +old man might not hesitate to hang him as a rebel. His friends would not +allow him to go unprotected, and insisted upon sending with him a guard +of forty or fifty armed men.[560] Embarking with this company in a +sloop, Bacon wended his way down the crooked James to the capital. He +cast anchor a short distance above the town and sent to the Governor to +know whether he would be allowed to take his seat in the Assembly +without molestation.[561] For reply Sir William opened fire upon the +sloop with the guns of the fort.[562] Whereupon Bacon sailed further up +the river out of danger.[563] But that night he landed with twenty of +his men, and unobserved by any, slipped silently into town.[564] + +In the place resided Richard Lawrence and William Drummond, both deeply +impressed with the need of reform in Virginia, and both in sympathy with +Bacon's movement. Repairing to Lawrence's house, Bacon conferred with +these two friends for several hours.[565] Upon reëmbarking he was +discovered. Alarm was immediately given in the town and several boats +filled with armed men pursued him up the river. At the same time Captain +Gardner, commanding the ship _Adam and Eve_, was ordered to follow the +fugitives, and capture or sink the sloop. For some hours Bacon eluded +them all. Finally, however, about three the next afternoon, he was +driven by the small boats under the guns of the _Adam and Eve_, and +forced to surrender.[566] Coming on board he was entrusted to Captain +Gardner and Captain Hubert Farrill, and by them conducted to the +Governor.[567] + +As the prisoner was led before him, the old man lifted his eyes and +arms to Heaven, exclaiming, "Now I behold the greatest Rebell that ever +was in Virginia!"[568] After some moments he added, "Mr. Bacon, doe you +continue to be a gentleman? And may I take your word? If so you are at +liberty upon your parol."[569] Later, when the rebel expressed gratitude +at this mild treatment and repentance for his disobedience, Berkeley +promised to grant him a free pardon. And should he offer a humble +submission, he was to be restored to his seat in the Council, and even +receive the long desired commission.[570] + +In this unexpected leniency the Governor was probably actuated not by +magnanimity, but by policy, or perhaps necessity. When the rebel was out +upon his Indian expedition, Sir William had not scrupled to tell Mrs. +Bacon that he would most certainly hang her husband, if ever he got him +in his power.[571] But now he dared not do so. Bacon was regarded by a +large part of the people as their leader in a struggle for justice and +liberty; to treat him too harshly might set the entire colony ablaze. In +fact, many frontiersmen, when they heard of the capture of their hero, +did hasten down to Jamestown with dreadful threats of revenge should a +hair of his head be touched.[572] And throughout the colony the +mutterings of impending insurrection were too loud to be mistaken or +ignored.[573] + +A few days after the capture, at a meeting of Council and Assembly, the +Governor arose from his chair, saying, "If there be joy in the presence +of the angels over one sinner that repenteth, there is joy now, for we +have a penitent sinner come before us. Call Mr. Bacon." Whereupon the +rebel entered, and dropping upon his knee, presented his submission. +"God forgive you," said the Governor, "I forgive you." "And all that +were with him?" asked one of the Council. "Yea," said Sir William, "all +that were with him."[574] That very day Bacon was restored to his seat +in the Council.[575] The soldiers that had been captured with him were +freed from their chains and permitted to return to their homes.[576] +And, to the great joy of the people, it was publicly announced by one of +the Burgesses, that Bacon had been granted a commission as general in +the Indian war.[577] Feeling that all was now well, and that their +presence in Jamestown was no longer necessary, the sturdy frontiersmen +shouldered their fusils, and returned to their plantations.[578] + +But the reconciliation could be but temporary. Bacon's repentance and +submission had been forced from him while helpless in the Governor's +power. He did not consider it morally binding. And so long as the +people's grievances were not righted, and the Indian war was neglected, +he could not be content to remain inactive and submissive. On the other +hand, Sir William probably felt that his promise of a commission had +been exacted by the unlawful threats of Bacon's friends, and might be +broken without dishonor.[579] + +After waiting several days for his papers, Bacon became suspicious of +the Governor's intentions, and set out for his home in Henrico.[580] +Berkeley consented to his departure, and he took "civill leave", but +immediately afterwards he repented bitterly that he had let his enemy +thus slip through his fingers. It is probable that information came to +him just too late, that Bacon was again meditating resistance. Parties +of men were sent out upon the roads and up the river to intercept his +flight. The very beds of his lodging house were searched in desperate +haste, in the hope that he had not yet left Jamestown. But all in vain. +Bacon had ridden quietly out of town, without servants or friends, and +was now far on his way towards the frontier.[581] + +On his arrival at Henrico, his old comrades flocked around him, eager to +be led out against the Indians, and confident in the belief that Bacon +was authorized to command them. And when they learned that he had not +secured a commission, and was once more a fugitive, they "sett their +throats in one common key of Oathes and curses, and cried out aloud, +that they would either have a Commission ... or else they would pull +downe the Towne".[582] And as the news spread from place to place, +rough, angry men came flocking in to Bacon, promising that if he would +but lead them to the Governor, they would soon get him what he pleased. +"Thus the raging tumult came downe to Towne."[583] + +Vague rumors began to reach the Assembly that Bacon was marching on +Jamestown at the head of five hundred men.[584] By June the +twenty-second, it became definitely known that the rebels were +approaching.[585] Berkeley sent out several messengers to demand their +intentions, but could get no satisfactory reply. Hasty preparations were +made to defend the town.[586] The neighboring militia was summoned. Four +guns were dragged to Sandy Bay to command the narrow neck of land that +connected the peninsula with the left bank of the river.[587] It was +proposed to construct palisades across the isthmus. Early on the morning +of the 23d, Berkeley went out himself to direct the mounting of the +guns.[588] But it was too late. On all sides the people were crying, "To +arms! To arms! Bacon is within two miles of the town." The rebels were +threatening, it was reported, that if a gun was fired against them, they +would kill and destroy all.[589] Seeing that resistance would be +useless, and might be fatal, the Governor ordered the guns to be +dismounted, withdrew his soldiers, and retired to the state house.[590] + +And so the rebels streamed unresisted into the town, a motley crew of +many sorts and conditions: Rough, weather-beaten, determined +frontiersmen, bent on having the commission for their leader; poor +planters, sunk deep in debt, denouncing the government and demanding +relief from their taxes; freedmen whose release from bondage had brought +them little but hunger and nakedness. Moderation and reason were not to +be expected of such a band, and it is not strange that many of them +talked openly of overthrowing the government and sharing the property of +the rich among themselves. Sixteen years of oppression and injustice +were bearing their natural fruit--rebellion.[591] + +"Now tagg, ragg & bobtayle carry a high hand."[592] Bacon leaves a force +to guard Sandy Bay, stations parties at the ferry and the fort, and +draws up his little army before the state-house.[593] Two Councillors +come out from Berkeley to demand what he wants. Bacon replies that he +has come for a commission as general of volunteers enrolled against the +Indians. And he protests that if the Assembly intends a levy for new +forces, his men will refuse to pay it. The ragged troops shout their +approval with cries of "Noe Levies! Noe Levies!"[594] + +It is easy to imagine with what anger the Governor drew up and signed +the commission. But he dared not refuse it. He was in the power of the +rebels, who were already muttering threats of bloodshed and pillage. To +defy them might bring instant ruin.[595] When the commission was brought +out, and Bacon had read it to his soldiers, he refused to accept it, +declaring the powers granted insufficient. Thereupon he drew up the +heads of a new paper, in which his loyalty to the king and the legality +of his past actions were attested, and an appointment given him as +general of all the forces in Virginia used in the Indian war.[596] + +These new demands throw the old Governor into an uncontrollable rage. He +rushes out to Bacon, gesticulating wildly, and declaring that rather +than sign such a paper he will have his hands cut off.[597] In his +excitement he opens his bosom, crying out, "Here, shoot me, fore God +fair mark."[598] Then he offers to measure swords with the rebel before +all his men, shouting, "Let us settle this difference singly between +ourselves."[599] But Bacon ignores these ravings. "Sir," he says, "I +come not nor intend to hurt a haire of your Honors head. And for your +sword, your Honor may please to put it up, it will rust in the scabbard +before ever I shall desire you to draw it. I come for a commission +against the Heathen who daily inhumanly murder us and spill our +bretherens blood."[600] + +In the general distraction somebody takes the proposals to the +Burgesses, now sitting in an upper chamber of the state house. Bacon +struts impatiently below, muttering threats and "new coyned +oathes".[601] At a window of the Assembly room are a number of faces, +looking out on the exciting scenes below. Bacon calls up to them, "You +Burgesses, I expect your speedy result." His soldiers shout, "We will +have it, we will have it." At a command from Bacon the rebels cock their +fusils, and take aim at the crowded window. "For God's sake hold your +hands," cry the Burgesses, "forbear a little and you shall have what you +please."[602] And now there is wild excitement, confusion and hurrying +to and fro. From all sides the Governor is pressed to grant the +commission in Bacon's own terms. At last he yields, and the paper is +signed. + +But new humiliation awaited him. The next morning Bacon entered the +House of Burgesses with an armed guard, demanding that certain persons +active in obeying the Governor's orders should be deprived of all +offices, and that recent letters to the King denouncing him as a rebel +should be publicly contradicted. When Berkeley heard of these demands, +he swore he would rather suffer death than submit to them. But the +Burgesses, who thought it not unlikely that they might soon have their +throats cut, advised him to grant whatever was demanded.[603] So a +letter was written to the King, and signed by the Governor, the Council +and the Burgesses, expressing confidence in Bacon's loyalty and +justifying his past actions.[604] Several of Berkeley's friends were +committed to prison. Blank commissions for officers to command under +Bacon in the Indian war were presented for signature. The Governor +granted all, "as long as they concerned not life and limb", being +"willing to be ridd of him". The Assembly finished its session, and +thinking to appease the rebels, sent their laws out to be read before +them. But they rose up like a swarm of bees, and swore they would have +no laws.[605] Yet the legislation of this session was exceedingly +liberal. The elections had been held at a time when the people were +bitterly angry with the Governor and disgusted with the old régime. In +several counties popular candidates, men bent upon reform, had been +elected over Berkeley's friends.[606] These men, aided by the menacing +attitude of the people, had initiated a series of bills designed to +restrict the Governor's power and to restore to the commons their +rightful share in local government. But it was probably the presence of +Bacon with his ragged troops at Jamestown that brought about the final +passage of the bills. The Governor and the Council would hardly have +given their consent, had they not been forced to do so at the sword's +point. + +Indeed these laws aimed a telling blow at the aristocratic cliques that +had so long controlled all local government. It was to be illegal in the +future, for any man to serve as sheriff for two consecutive terms.[607] +Surveyors, escheators, clerks of the court and sheriffs should hold only +one office at a time.[608] The self-perpetuating vestries which had long +controlled the parishes and levied church taxes, were to give place to +bodies elected tri-annually by the freemen.[609] An act was passed +restricting the power of the county courts. For the future the people +were to elect representatives, equal in number with the justices, to sit +with them, and have a voice "in laying the countie assessments, and of +making wholesome lawes".[610] Councillors were no longer to be exempt +from taxation. The act of 1670, restricting the right to vote for +Burgesses to freeholders was abolished, and the franchise extended to +all freemen.[611] And since "the frequent false returns" of elections +had "caused great disturbances", it was enacted that any sheriff found +guilty of this crime should be fined twenty thousand pounds of +tobacco.[612] + +Hardly had the Assembly closed its session when the news was received +that the Indians were again on the war-path, having killed eight persons +in the upper counties. This caused great alarm in the rebel army, and +Bacon found it necessary the next day to lead them back to the frontier +that they might guard their homes and families.[613] + +Here active preparations were made for a new expedition against the +savages. Now that Bacon had a commission signed by the Governor and +confirmed with the public seal, men were quite eager to follow him. On +all sides volunteers flocked in to offer their services against the +brutal enemy. Even Councillors and Burgesses encouraged their neighbors +to enlist, declaring that no exception could be taken to the legality of +the commission.[614] Thus hundreds swallowed "down so fair a Bait, not +seeing Rebellion at the end of it".[615] + +In the meanwhile, the Governor, angered at the great indignities put +upon him, was planning to regain his lost authority. A petition was +drawn up in Gloucester county by Sir William's friends, denouncing +Bacon, and asking that forces be raised to suppress him.[616] Although +most of the Gloucestermen, it would seem, had no part in this request, +Berkeley crossed over the York River to their county and began to enlist +volunteers.[617] But he met with little success. Even in this part of +the colony Bacon was the popular hero, and men refused to serve against +him. It seemed outrageous to many that while he was out to fight the +common enemy, the Governor should attack him in the rear. All his +desperate efforts were in vain. Sick at heart and exhausted from +exertions too great for his age, he is said to have fainted away in the +saddle.[618] + +The news that Berkeley was raising forces reached Bacon at the falls of +James River, just as he was going to strike out into the woods. +"Immediately he causes the Drums to Beat and Trumpets to sound for +calling his men to-gether."[619]. "Gentlemen and Fellow Soldiers," he +says, when they are assembled, "the news just now brought me, may not a +little startle you as well as myselfe. But seeing it is not altogether +unexpected, wee may the better beare it and provide our remedies. The +Governour is now in Gloster County endeavouring to raise forces against +us, having declared us Rebells and Traytors.... It is Revenge that +hurries them on without regard to the Peoples safety. (They) had rather +wee should be Murder'd and our Ghosts sent to our slaughter'd Countrymen +by their actings, then wee live to hinder them of their Interest with +the Heathen.... Now then wee must be forced to turne our Swords to our +own Defence, or expose ourselves to their Mercyes.... Let us descend to +know the reasons why such a proceedings are used against us ... (why) +those whome they have raised for their Defence, to preserve them against +the Fury of the Heathen, they should thus seek to Destroy. (Was there) +ever such a Theachery ... heard of, such Wickednesse and inhumanity? But +they are damned Cowards, and you shall see they will not dare to meet us +in the field to try the Justnesse of our Cause."[620] + +Whereupon the soldiers all cried, "Amen. Amen." They were ready to +follow him. They would rather die fighting than be hanged like rogues. +It would be better to attack the Governor at once than have him come +upon their rear while they were engaged in the woods with the +savages.[621] And so, with universal acclaim, they gathered up their +arms, and set out to give battle to the Governor. + +But Berkeley had fled. Upon finding that the militia of Gloucester and +Middlesex would not support him, he had taken ship for the Eastern +Shore. Here, for the time being, he was safe from the angry rebels. It +would be difficult for Bacon to secure vessels enough to transport his +men over to Accomac; to march them hundreds of miles around the head of +Chesapeake Bay was out of the question. + +The flight of the Governor left Bacon undisputed master of all the +mainland of Virginia. Everywhere he was hailed by the people as their +hero and deliverer. Those that still remained loyal to Sir William +either fled with him or rendered their submission to the rebel. For a +while, at least, he could prosecute the Indian war and redress the +public grievances without fear of interruption.[622] + +But now Bacon was confronted with the question of what attitude he +should assume to the English government. Berkeley had written home +denouncing him as a rebel and traitor. The King assuredly would not +tolerate his conduct. No doubt preparations were already being made to +send British troops to the colony. Should he defy the King and resist +his soldiers in the field of battle? + +Bacon made up his mind to fight. The dense woods, the many swamps and +creeks, the vast distances of the colony would all be favorable to him. +He would resort to the Indian method of fighting. His men were as brave +as the British; were better marksmen. Five hundred Virginians, he was +sure, would be a match for two thousand red coats. If England sought to +bring him to his knees, by blockading the coast and cutting off all +foreign trade, he would appeal to the Dutch or even to the French for +assistance. Assuredly these nations would not neglect so favorable an +opportunity of injuring their old rival and enemy. He even cherished a +wild dream of leading his rebels back into the woods, to establish a +colony upon an island in the Roanoke river.[623] + +But Bacon knew that the people would hesitate to follow him into open +resistance to England. Ties of blood, of religion, of interest were too +strong. All the injustice done them by the King, all the oppression of +the Navigation Acts, could not make them forget that they were +Englishmen. So he found it necessary to deceive them with a pretence of +loyalty. He himself took the oath of allegiance and supremacy, and he +imposed it upon all his followers. His commands were issued in the +King's name. He even went to the absurd extremity of declaring it for +the service of the Crown to disobey the King's commands, to arrest the +King's Governor, to fight the King's troops.[624] + +Realizing that resistance to his plans would come almost entirely from +the upper classes, Bacon made especial efforts to seduce the wealthy +planters. On August the third, a number of influential gentlemen +assembled upon his summons at Middle Plantation, to discuss the means of +protecting the people from the Indians, and preventing civil war. After +delivering a long harangue, justifying his own actions and denouncing +the Governor, Bacon requested the entire company to take three oaths +which he had prepared. First, they were to promise to assist him in +prosecuting the Indian war. Secondly, they must combat all attempts of +the Governor and his friends to raise troops against him. Thirdly, they +were asked to declare it consistent with their allegiance to the King to +resist the royal troops until his Majesty could be informed by letter +from Bacon of the justice of his cause.[625] This last article caused +prolonged and bitter controversy. But Bacon locked the doors, it is +said, and by persuasion and threats induced them all to sign. The three +oaths were taken by no less than sixty-nine prominent men, among them +Thomas Swann, Thomas Milner, Philip Lightfoot and Thomas Ballard.[626] + +Bacon now felt himself strong enough to take active control of the +administration of the government. He did not assume, however, the title +of Governor, but styled himself "General by the consent of the +people".[627] Nor did he venture to proceed in the alteration of laws or +the redress of grievances without the advice and support of the +representatives of the people. In conjunction with four members of the +Council, he issued orders for an immediate election of a new Assembly, +to meet on the fourth of September, at Jamestown.[628] + +Having settled these matters, Bacon turned his attention to two military +expeditions--one against the Indians, the other against the Governor. +The continued activity of the savages and the exposed condition of the +frontier demanded his personal attention, but he was resolved not to +leave the lower counties exposed during his absence to attack from the +Eastern Shore. Seizing an English ship, commanded by a Captain +Larrimore, which was lying in James River, he impressed her, with all +her crew, into his service against the Governor. In this vessel, with a +sloop and a bark of four guns, he embarked a force of two hundred or +more men.[629] The expedition was placed under the command of Captain +William Carver, "a valiant, stout Seaman", and Gyles Bland, both devoted +to Bacon's cause and high in his favor. They were ordered to patrol the +coast to prevent raids upon the Western Shore, and, if possible, to +attack and capture the Governor. + +Bacon himself hastens to Henrico, "where he bestirs himself lustily in +order to a Speedy March against the Indians". It was his intention to +renew his attack upon the Occaneechees and the Susquehannocks, but for +some reason he gave up this design to turn against the Pamunkeys. +Hastening across from the James to the York, Bacon met Colonel Gyles +Brent, who brought with him reinforcements from the plantations upon the +upper waters of the Rappahannock and Potomac. Their united forces +marched to the extreme frontier and plunged into the wilderness. +Discovering a narrow path running through the forest, the English +followed it to a small Pamunkey village situated upon a neck of land +between two swamps. As Bacon's Indian scouts advanced upon the place +they were fired upon by the enemy. Whereupon the English came running up +to assault the village. But the Pamunkeys deserted their cabins and fled +into the adjacent swamps, where the white men found it impossible to +pursue them. All made good their escape except one woman and one little +child.[630] + +Continuing his march, Bacon stumbled upon an old squaw, the nurse of the +Pamunkey queen, whom he ordered to act as his guide. But the woman, +unwilling to betray her people, led him far astray, many miles from the +Indian settlements. The English followed her "the remainder of that day +& almost another day" before they discovered that they were being +deceived. When sure of her treachery, "Bacon gave command to his +soldiers to knock her on the head, which they did, and left her dead on +the way".[631] The army now wandered around at random in the woods, +following first one path and then another, but could not discover the +enemy. The appointed time for the new Assembly was approaching, and it +was imperative for Bacon to be at Jamestown to open the session. He was +resolved, however, not to return to the colony until he had struck a +decisive blow at the Indians. Sending a message to the people "that he +would be with them with all possible speed", he resumed his discouraging +quest.[632] + +But the Indians still eluded him. It seemed a hopeless task to discover +their villages amid the dense woods and treacherous swamps. His men +became discouraged. "Tyred, murmuring, impatient, hunger-starv'd", many +begged him to lead them back to the plantations. But Bacon would not +abandon the expedition. He would rather die in the woods, he said, than +disappoint the confidence reposed in him by the people. Those that felt +it necessary to return home, he would permit to depart unmolested. But +for himself, he was resolved to continue the march even though it became +necessary to exist upon chincapins and horse flesh.[633] Whereupon the +army was divided, one part setting out for the colony, the other +resuming the search for the savages. + +That very day Bacon runs upon the main camp of the Pamunkeys and +immediately attacks them. The savages are encamped upon a "piece of +Champion land", protected on three sides by swamps, and covered with a +dense growth of "small oke, saplings, Chinkapin-Bushes and grape vines". +As the English charge in among them they offer little resistance, but +desert their habitations and flee. Some are shot down, many are +captured. Bacon takes possession of all their goods--"Indian matts, +Basketts, Match cotes, parcells of Wampameag and Roanoke, Baggs, Skins, +ffurs", etc. + +The poor queen fled for her life with one little boy, and wandered +fourteen days in the woods, separated from her people. "She was once +coming back with designe to throw herself upon the mercy of the +English", but "happened to meet with a deade Indian woman lying in the +way, ... which struck such terror in the Queen that fearing their +cruelty by that ghastly example, shee went on ... into the wild woodes". +Here she was preserved from starvation by eating part of a terrapin, +found by the little boy.[634] After this victory, Bacon secured his +plunder and his captives, and hastened back to the plantations. + +In the meanwhile the expedition against Accomac had ended in disastrous +failure.[635] Carver and Bland had been given instructions to capture +the Governor, and Bacon proposed, if ever he got him in his power, to +send him to England, there to stand trial for his misgovernment and his +betrayal of the people to the barbarous Indians.[636] Even though it was +quite probable that the King would send him back, the colony would for a +time be rid of his troublesome presence. + +Upon the arrival of the little fleet off the coast of Accomac, it was +decided to send Carver ashore under a flag of truce, to treat with the +Governor.[637] Leaving Bland to guard the fleet with a force not +superior in number to the English sailors, Carver set out in the sloop +"with the most trusty of his men".[638] In the meanwhile Captain +Larrimore and his sailors, who resented their enforced service with the +rebels, were plotting to betray them to the enemy. In some way Larrimore +contrived to get a message to Berkeley, requesting him to send out a +party of loyal gentlemen in boats, and promising to deliver his ship +into their hands.[639] The Governor at first was loath to venture upon +such a hazardous undertaking.[640] The whole thing might be a snare to +entrap his men. Yet his situation was desperate; he must take desperate +chances. + +Placing a party of twenty-six men in two small boats, he sent them out +under the command of Colonel Philip Ludwell, to surprise the ship.[641] +Fearing that Carver might return before the capture could be effected, +Berkeley "caressed him with wine", and detained him with prolonged +negotiations. Upon reaching the ship, Ludwell and his men rowed up close +under her side, and clambered in at "the gun room ports". "One +courageous gentleman ran up to the deck, and clapt a pistoll to Bland's +breast, saying you are my prisoner."[642] The rest of the company +followed upon his heels, brandishing their pistols and swords. Captain +Larrimore and his crew caught up spikes, which they had ready at hand, +and rushed to Ludwell's assistance. The rebels, taken utterly by +surprise, many no doubt without arms, "were amazed and yielded".[643] + +A short while after, Carver was seen returning in the sloop from his +interview with the Governor. "They permit the boat to come soe neere as +they might ffire directly downe upon her, and soe they alsoe commanded +Carver on Board & secured him. When hee saw this surprize he stormed, +tore his haire off, and curst, and exclaimed at the Cowardize of Bland +that had betrayed and lost all their designe."[644] Not long after he +was tried for treason by court martial, condemned, and hanged.[645] + +Elated by this unexpected success, the Governor determined to make one +more effort to regain his lost authority. The rebels were now without a +navy; they could not oppose him upon the water, or prevent his landing +upon the Western Shore. With the gentlemen that had remained loyal to +him, the troops of Accomac, many runaway servants and English sailors he +was able to raise a force of several hundred men.[646] Embarking them in +Captain Larrimore's ship, in the _Adam and Eve_, and sixteen or +seventeen sloops, he set sail for Jamestown.[647] + +In the meanwhile the appointed date for the convening of the Assembly +had come. It is probable that the members were arriving to take their +seats when the news of the Governor's approach reached the town.[648] +Bacon was still absent upon the Pamunkey expedition. There seems to have +been no one present capable of inspiring the rebels with confidence, or +of leading them in a vigorous defense. When the sails of the Governor's +fleet were seen, on the seventh of September, wending their way up the +river, the place was thrown into the wildest confusion. Sir William sent +a message ashore, offering a pardon to all, with the exception of +Lawrence and Drummond, that would lay down their arms and return to +their allegiance.[649] But few seem to have trusted him, "feareing to +meet with some afterclaps of revenge".[650] That night, before the place +could be fully invested, the rebels fled, "every one shifting for +himselfe with no ordnary feare".[651] "Collonell Larence ... forsooke +his owne howse with all his wealth and a faire cupbord of plate entire +standing, which fell into the Governour's hands the next morning."[652] + +This was the unwelcome news which greeted Bacon upon his return from the +Indian expedition. So many of his soldiers had left for their homes +before the final defeat of the Pamunkeys, that he now had with him less +than one hundred and fifty men.[653] Yet he resolved to march at once +upon Jamestown to attack the Governor. His little band gave him +enthusiastic assurance of loyal support. He knew that he had the well +wishes and prayers of the people, while his opponents were "loaded with +their curses". Berkeley's men, although so much more numerous than his +own, he believed to be cowards that would not dare appear against him in +the field. Victory would be easy and decisive.[654] + +So, after delaying a short while to gather reinforcements from New Kent +and Henrico, he marched with extraordinary swiftness down upon the +enemy.[655] Everywhere along the route he was hailed by the people as +their deliverer. The sight of the sullen Indian captives that he led +along with him "as in a Shew of Triumph", caused enthusiastic rejoicing. +Many brought forth fruit and other food to refresh his weary soldiers. +The women swore that if he had not men enough to defeat the Governor, +they themselves would take arms and follow him. All prayed for his +success and happiness, and exclaimed against the injustice of his +enemies.[656] + +Before Berkeley had been in possession of Jamestown one week, Bacon was +upon him. On the evening of September the thirteenth, the little rebel +band arrived at Sandy Bay, driving before them a party of the Governor's +horse.[657] With singular bravado, Bacon himself rode up to the enemy, +fired his carbine at them, and commanded his trumpets to sound their +defiance.[658] Few thought, however, he would attempt to capture the +town, for the Governor's position was very strong. The narrow isthmus, +by which alone the place could be approached, was defended by three +heavy guns planted behind strong palisades.[659] Upon the left, "almost +close aborde the shore, lay the ships, with their broadesides to +thunder" upon any that dared to assault the works. The loyal forces had +recently been augmented to a thousand men, and now outnumbered the +rebels three to one. Yet Bacon seems to have meditated from the first an +attack upon the place, and was confident of success.[660] + +Although his men had marched many miles that day he set them immediately +to work within gun-shot of the enemy, building an entrenched camp.[661] +All night long, by the light of the moon, the soldiers toiled, cutting +bushes, felling trees and throwing up earthworks. But it soon became +apparent that their utmost efforts would not suffice to complete the +trenches before dawn, when the enemy's guns would be sure to open upon +them. In this dilemma, Bacon hit upon a most unmanly expedient to +protect his men at their work. Sending out several small parties of +horse, he captured a number of ladies, the wives of some of Berkeley's +most prominent supporters. "Which the next morning he presents to the +view of there husbands and ffriends in towne, upon the top of the smalle +worke hee had cast up in the night, where he caused them to tarey till +hee had finished his defence."[662] The husbands were enraged that the +rebels should thus hide behind the "white aprons" of their innocent +wives, but they dared not make an assault. + +When, however, the ladies were removed, "upon a Signall given from ye +Towne the Shipps fire their Great Guns and at the same tyme they let fly +their small-Shott from the Palaisadoes. But that small Sconse that Bacon +had caused to be made in the night, of Trees, Bruch, and Earth soe +defended them that the Shott did them noe damage at all, and was +returned back as fast from the little Fortresse."[663] + +Fearing that this cannonade will be followed by an assault upon his +works, Bacon places a lookout on the top of a near-by brick chimney, +which commands a view of the peninsula. On the sixteenth, the watchman +announces that the enemy are preparing for an assault, and the rebels +make ready to give them a warm reception. The Governor's forces, six or +seven hundred strong, dash across the Sandy Bay, in an attempt to storm +Bacon's redoubts.[664] Horse and foot "come up with a narrow front, +pressing very close upon one another's shoulders". But many of them +fight only from compulsion, and have no heart for their task. At the +first volleys of shot that pour in upon them from the rebel army, they +throw down their arms and flee. They marched out, as one chronicler +says, "like scholars going to school ... with heavy hearts, but returned +hom with light heels".[665] Their officers were powerless to stem the +rout, until they were safe under the protection of the palisades.[666] + +The Governor's losses in dead and wounded were very small, but the moral +effect of his defeat was great. The rebels were so elated at their easy +victory, and so scornful of their cowardly opponents, "that Bacon could +scarce keep them from immediately falling to storm and enter the +Towne".[667] On the other hand, the loyal troops were utterly +discouraged. Many of them, that had been "compelled or hired into the +Service", and "were intent only on plunder", clamored for the desertion +of the place, fearing that the victorious rebels would soon burst in +upon them.[668] + +"The next day Bacon orders 3 grate guns to be brought into the camp, two +whereof he plants upon his trench. The one he sets to worke against the +Ships, the other against the entrance into the towne, for to open a +pasage to his intended storm."[669] Had the rebels delayed no longer to +make an assault it seems certain they could have carried the palisades +with ease, taken many of the enemy, and perhaps captured the Governor +himself. The loyal soldiers were thinking only of flight. "Soe great was +the Cowardize and Basenesse of the generality of Sir William Berkeley's +party that of all at last there were only some 20 Gentlemen willing to +stand by him." So that the Governor, "who undoubtedly would rather have +dyed on the Place than thus deserted it, what with (the) importunate and +resistless solicitations of all was at last over persuaded, nay hurried +away against his will".[670] "Takeing along with him all the towne +people, and their goods, leaveing all the grate guns naled up, and the +howses emty", he left the place a prey to the rebels.[671] "So fearful +of discovery they are, that for Secrecy they imbarque and weigh anchor +in the Night and silently fall down the river."[672] + +Early the next morning Bacon marched across the Sandy Bay and took +possession of the deserted town.[673] Here he learned that the Governor +had not continued his flight, but had cast anchor twenty miles below, +where he was awaiting a favorable opportunity to recapture the +place.[674] At the same time, news came from the north that Colonel +Brent, Bacon's former ally, was collecting troops in the counties +bordering upon the Potomac River, and would soon be on the march to the +Governor's assistance, with no less than a thousand men.[675] Should +this new army, by acting in concert with the fleet, succeed in blocking +Bacon up at Jamestown, the rebels would be caught in a fatal trap. The +peninsula could hardly be defended successfully against superior forces +by land and water, and they would be crushed between the upper and +nether millstones. On the other hand, should they desert the town, in +order to go out against Brent, Berkeley would undoubtedly return to take +possession of it, and all the fruits of their victory would be lost. + +After long consultation with his chief advisors, Bacon decided to +destroy the town.[676] That very night he set fire to the place, which +in a few hours was reduced to ashes. Not even the state-house, or the +old church were spared. Drummond and Lawrence, it is said, showed their +unselfish zeal for the cause by applying the torch to their homes with +their own hands.[677] As the Governor, from his ships, saw in the +distance the glare of the burning buildings, he cursed the cowardice of +his soldiers that had forced him to yield the place to the rebels. But +as it could now serve him no longer as a base, he weighed anchor, and +set sail for Accomac.[678] + +Deserting the ruined town, Bacon led his men north to Green Spring, and +thence across York River into Gloucester county. Here there came to him +a messenger riding "post haste from Rapahanock, with news that Coll: +Brent was advancing fast upon him".[679] At once he summons his soldiers +around him, tells them the alarming news, and asks if they are ready to +fight. The soldiers answer "with showtes and acclamations while the +drums thunder a march to meet the promised conflict".[680] + +Bacon had advanced not "above 2 or 3 days jurney, but he meets newes ... +that Brents men were all run away, and left him to shift for +himselfe".[681] Like the troops that had so signally failed of their +duty in the battle of Sandy Bay, these northern forces had no desire to +meet Bacon. Many of them were undoubtedly pressed into service; many +were in sympathy with the rebellion. At all events they deserted their +leaders before the hostile army came in sight, and fled back to their +homes. + +Thus Bacon once more found himself master of all the mainland of +Virginia. But his situation was more critical than it had been in July +and August. Many of the prominent gentlemen that had then given him +their support, and had taken his three oaths, were now fighting on the +side of the Governor. It was quite certain that royal forces were being +equipped for an expedition to Virginia, and might make their appearance +within the capes before many more weeks. Moreover, the disastrous +failure of Carver and Bland had left him without a navy and exposed all +the Western Shore to attack from the loyal forces in Accomac. + +Realizing his danger, Bacon felt it necessary to bind the people to him +more closely. Summoning the militia of Gloucester to meet him at their +county court-house, he delivered a long harangue before them and +tendered them an oath of fidelity. They were asked to swear that if the +King's troops attempted to land by force, they would "fly to-gether as +in a common calamity, and jointly with the present Army ... stand or +fall in the defense of ... the Country". And "in Case of utmost +Extremity rather then submitt to so miserable a Slavery (when none can +longer defend ourselves, our Lives and Liberty's) to acquit the +Colony".[682] + +The Gloucestermen were most reluctant to take this oath. A Mr. Cole, +speaking for them all, told Bacon that it was their desire to remain +neutral in this unhappy civil war. But the rebel replied that if they +would not be his friends, they must be his enemies. They should not be +idle and reap the benefit of liberty earned by the blood of others. A +minister, named Wading, who was active in persuading the men to refuse +the oath, was committed to prison by Bacon, with the warning that the +church was the proper place for him to preach, not the camp. Later, it +seems, fearing the consequences of further refusal, the Gloucester +troops yielded and took the binding engagement.[683] + +Bacon now turned his thoughts, it is said, to an expedition against +Accomac. But his preparations were never completed. For some time he had +been ill of dysentery and now was "not able to hould out any +longer".[684] He was cared for at the house of a Mr. Pate, in Gloucester +county, but his condition soon became worse.[685] His mind, probably +wandering in delirium, dwelt upon the perils of his situation. Often he +would enquire if the guard around the house was strong, or whether the +King's troops had arrived. Death came before the end of October.[686] +Bacon's place of burial has never been discovered. It is supposed that +Lawrence, to save the body of his friend from mutilation by the +vindictive old Governor, weighted the coffin with stones and sunk it in +the deep waters of the York.[687] + +The death of Bacon proved an irreparable loss to the rebels. It was +impossible for them to find another leader of his undaunted resolution, +his executive ability, his power of command. No one could replace him in +the affections of the common people. It would not be correct to +attribute the failure of the rebellion entirely to the death of this one +man, yet it undoubtedly hastened the end. Had he continued at the head +of his faithful army, he might have kept the Governor indefinitely in +exile upon the Eastern Shore, or even have driven him to take refuge +upon the water. In the end Bacon would have been conquered, for he could +not have held out against the English fleet and the English troops. But +he would have made a desperate and heroic resistance. + +The chief command fell to Lieutenant-General Ingram. The selection +seems to have been popular with the soldiers, for when it was announced, +they "threw up their caps, crying out as loud as they could bellow, God +save our new Generall".[688] Ingram is depicted by some of the +chroniclers as a man of low birth, a dandy and a fool, but there is +reason to believe their impeachment too harsh. Although he lacked +Bacon's force of character and had no executive ability, as a general he +showed considerable talent, and more than held his own against the +Governor. + +The mastery of the water was an advantage to Berkeley of the very +greatest importance. The numerous deep rivers running far up into the +country made it easy for him to deliver swift, telling blows at any +point in the enemy's position. In order to guard the James, the York and +the Rappahannock it became necessary for the rebels to divide their +forces into several small bands. On the other hand, the entire strength +of the loyalists could be concentrated at any time for an unexpected +attack. + +Ingram made his chief base at West Point, where the Mattapony and the +Pamunkey unite to form the broad and stately York.[689] Here he could +watch both banks of the river, and could concentrate his men quickly +either upon the Peninsula, or in Gloucester or Middlesex. At this place +were gathered several hundred rebels under Ingram himself. But it was +deemed wise to leave other detachments at various places lower down in +the country, to prevent the enemy from landing, and to suppress any +rising of the people in favor of the Governor. At the house of Colonel +Bacon, in York county, a force of thirty or forty men were posted under +the command of Major Whaly.[690] "The next Parcell, considerable, was at +Green Spring, the Governours howse, into which was put about 100 men and +boys." Their leader, a Colonel Drew, fortified the place strongly, +barricading all approaches, and planting three large guns "to beate of +the Assailants". Another small detachment, under Colonel Hansford, was +posted "at the Howse where Coll: Reade did once live", the site of +famous old Yorktown.[691] + +This last post, situated near the mouth of the river, was especially +exposed to attack from the Eastern Shore. A few days after the death of +Bacon, Major Robert Beverley, with a small force, sailed across the bay +to effect its capture.[692] The rebels "kep a negligent Gard", and were +caught completely by surprise. Hansford was taken prisoner, with twenty +of his men, and brought in triumph to Accomac. + +Here he was at once charged with treason, tried by court martial, and +condemned to die. He pleaded passionately to "be shot like a soldier and +not to be hanged like a Dog. But it was tould him ... that he was not +condemned as he was merely a soldier, but as a Rebell, taken in +Arms."[693] To the last he refused to admit that he was guilty of +treason. To the crowd that gathered around the scaffold to witness his +execution he protested "that he dyed a loyal subject and a lover of his +country". + +"This business being so well accomplish'd by those who had taken +Hansford, ... they had no sooner deliver'd there Fraight at Accomack, +but they hoyse up there sayles, and back againe to Yorke River, where +with a Marvellous celerity they surprise one Major Cheise-Man, and som +others, amongst whom one Capt. Wilford, who (it is saide) in the +bickering lost one of his eyes, which he seemed little concern'd at, as +knowing that when he came to Accomack, that though he had bin starke +blinde, yet the Governour would take care for to afford him a guide, +that should show him the way to the Gallows."[694] + +The Governor was resolved to make the rebel leaders pay dearly for the +indignities they had put upon him. Those that were so luckless as to +fall into his hands, were hastened away to their execution with but the +mockery of a trial. Doubtless Berkeley felt himself justified in this +severity. To him rebellion against the King was not merely a crime, it +was a hideous sacrilege. Those guilty of such an enormity should receive +no mercy. But this cannot explain or excuse the coarse brutality and +savage joy with which he sent his victims to the scaffold. It is +impossible not to feel that many of these executions were dictated, not +by motives of policy or loyalty, but by vindictiveness. + +Nothing can make this more evident that the pathetic story of Madam +Cheesman. "When ... the Major was brought in to the Governor's presence, +and by him demanded, what made him to ingage in Bacon's designes? Before +that the Major could frame an Answer ... his Wife steps in and tould his +honr: that it was her provocations that made her Husband joyne in the +Cause that Bacon contended for; ading, that if he had not bin influenced +by her instigations, he had never don that which he had don. Therefore +(upon her bended knees) she desires of his hour ... that shee might be +hang'd, and he pardon'd. Though the Governour did know, that that what +she had saide, was neare to the truth," he refused her request and +spurned her with a vile insult. It is with a sense of relief that we +learn that her husband died in prison and was thus saved the ignominy of +the gallows.[695] + +Encouraged by his successes, Berkeley now planned a more formidable +invasion of the Western Shore. Public sentiment, he hoped, was beginning +to turn in his favor. The death of Bacon had deprived the rebellion of +all coherency and definiteness of purpose. The country was getting weary +of the struggle, and was anxious for the reëstablishment of law and +order. In Gloucester and Middlesex especially there were many prominent +planters that awaited an opportunity to take up arms against the rebels. +And although the common people were indifferent to the Governor's cause, +they would be forced to enlist under him could he but get a firm +foothold in those counties.[696] + +So he sailed into York River with a fleet of four ships and several +sloops, and a force of one hundred soldiers.[697] Landing a party, under +command of Major Robert Beverley, upon the north bank, he surprised and +captured a number of the enemy at the residence of a Mr. Howard.[698] He +then set up his standard at the very house in which Bacon had died, and +sent out summons to all loyal citizens to come to his support. Here +there soon "appeared men enough to have beaten all the Rebells in the +countrey, onely with their Axes and Hoes".[699] They were quickly +organized into an army and placed under the command of Major Lawrence +Smith.[700] Almost simultaneously the people of Middlesex began to take +up arms in support of the Governor, and for a while it seemed that the +rebels would be overwhelmed and driven back upon the frontiers. + +But Ingram acted with vigor and promptness. He dispatched a body of +horse, under Lientenant-General Walkelett, to attack and disperse the +Middlesex troops before their numbers become formidable. With the main +body of the rebels he himself remained at West Point, to watch the +movements of the enemy in Gloucester. When Major Smith heard of +Walkelett's advance, he at once hastened north to intercept him, leaving +a garrison at Mr. Pate's house, to guard that post and maintain intact +his communication with the fleet in York River. But he was not quick +enough. Before he could complete his march, news came to him that +Walkelett had dispersed the Middlesex troops and was preparing to give +battle to him.[701] + +In the meanwhile, Ingram, hearing that Smith had marched north, "by the +advice of his officers strikes in betweene him and his new made +Garrisson at M. Pates. He very nimbly invests the Howse", and forces its +defenders to surrender. Hardly had he accomplished this task, "but M. L. +Smith, having retracted his march out of Middlesex ... was upon the back +of Ingram before he was aware". This new move placed the rebels in no +little peril, for the Gloucester forces were between them and their base +at West Point. Defeat at this juncture would have meant utter +destruction for Ingram's army. + +As the two bands faced each other, "one Major Bristow (on Smith's side) +made a Motion to try the equity, and justness of the quarrill, by single +combett ... proffering himselfe against any one (being a Gent.) on the +other side.... This motion was as redely accepted by Ingram, as +proffered by Bristow; Ingram swaring, the newest oath in fashion, that +he would be the Man; and so advanceth on foot, with sword and Pistell, +against Bristow; but was fetched back by his owne men", who had no +desire to risk their leader in this duel.[702] + +But the Gloucester troops were not inspired to deeds of courage by the +intrepidity of their champion. They had no desire to encounter the +veterans that had defeated the Governor before Jamestown and twice +hunted the savages out of their hidden lairs. Despite all the efforts of +their officers they opened negotiations with Ingram and agreed to lay +down their arms. No less than six hundred men, it is said, thus tamely +surrendered to the rebels. Major Smith and some of his officers, when +they found themselves betrayed by their men, fled and made good their +escape. Other "chiefe men" fell into the enemy's hands and were held as +prisoners of war. Ingram "dismist the rest to their own abodes".[703] + +It was a part of the Governor's plan to secure a foothold also upon the +right bank of the river and to drive the rebels out of York county. With +this in view, he sent out one hundred and twenty men, under Captain +Hubert Farrill, to surprise and capture the rebels commanded by Major +Whaly, at Colonel Bacon's house. To advise and assist Farrill, Colonel +Ludwell and Colonel Bacon himself accompanied the expedition. They +decided to steal silently up to the place in the early hours of the +morning before dawn, drive in the sentries and "enter pell mell with +them into the howse". But their plans miscarried woefully. "The Centrey +had no sooner made the challenge ... who comes there? ... but the other +answer with their Musquits (which seldom speakes the language of +friends) and that in so loud a maner, that it alarmed those in the howse +to a defence, and then to a posture to salley out." The attacking party +took refuge "behinde som out buildings, ... giving the Bullits leave to +grope their owne way in the dark". Here they stood their ground for a +short while and then fled back to their boats. Several were taken +prisoners, but none were killed save Farrill himself, "whose commission +was found droping-wett with blood, in his pockett".[704] + +The failure of these operations in the York were partly offset by +successes in the southern counties. Late in December a loyal force, +consisting in part of English sailors, landed on the right bank of the +James and defeated a party of the rebels, killing their leader and +taking thirteen prisoners. Four days later, they captured one of the +enemy's forts. Soon large parts of Isle of Wight and Surry had been +overrun and the people reduced to their allegiance. During the first +week of January several hundred rebels gathered upon the upper James to +retrieve their waning cause, but they seem to have melted away without +accomplishing anything, and at once all the south bank of the river +submitted.[705] + +Almost simultaneously in all other parts of the colony the rebellion +collapsed. The defeats of the Governor in Gloucester, Middlesex and York +had not long postponed the end. The failure of the movement was due, not +to military successes by Berkeley, but to hopeless internal weakness. +Since the death of Bacon the insurgent leaders had been unable to +maintain law and order in the colony. Ingram, although he showed some +ability as a general, proved utterly unfitted to assume control of civil +affairs. Bacon, when Sir William fled to Accomac, had grasped firmly the +reins of government, calling a part of the Council to his assistance, +summoning a new Assembly, and retaining sheriffs and justices in their +offices. Like Cromwell, he had shown himself not only a soldier, but a +civil ruler of force and ability. But Ingram could not command the +respect and obedience of the people. Under him the machinery of +government seems to have broken down. The unhappy colony was given over +to disorder and anarchy. We are inclined to wonder why Drummond or +Lawrence did not assume the chief command in the government after +Bacon's death. Both were men of intelligence and ability, both esteemed +by the people, and both devoted heart and soul to the rebellion. For +some reason, neither could take the leadership, and affairs fell into +hopeless confusion. + +Without a government to supply their needs, or to direct their +movements, the rebel bands found it necessary to maintain themselves by +plundering the estates of the Governor's friends. Many wealthy planters +paid for their loyalty with the loss of their cattle, their sheep, their +corn and wheat, and often the very furniture of their houses. At times +the rebel officers could not restrain their rough soldiers from wanton +waste and destruction. Crops were ruined, fences thrown down, houses +burned.[706] Disgusted with this anarchy, and seeing that Ingram could +not preserve order, many of the people began to long for the end of the +rebellion. Even the misgoverment of Berkeley was better than lawlessness +and confusion. + +Ingram himself seems to have perceived that the end was at hand. +Intelligence came to him that some of his own party, dissatisfied with +his conduct, were awaiting an opportunity to deprive him of the chief +command. The long expected arrival of the English troops would bring +swift and complete ruin, for under the present conditions, he could not +hope for success against them. So he soon became quite willing "to +dismount from the back of that horse which he wanted skill, and strength +to Manidge". Could he but secure a pardon from the Governor, he would +gladly desert the failing cause of the people, and return to his +allegiance.[707] + +Nor was Sir William less anxious to come to terms with Ingram. It had +been a bitter humiliation to him to be thrust headlong out of his +government by the rebellious people. It would add to his shame to be +restored by English troops. Could he but reduce the colony before the +arrival of the red coats, his position would appear in a much better +light, both in Virginia and in England. So he sent a Captain Grantham to +negotiate with Ingram and to offer him immunity and pardon in return for +prompt submission. The rebel leader willingly accepted these terms and +returned to his allegiance.[708] + +More delicate was the task of inducing the troops at West Point to +follow the example of their general. It was a question whether Ingram, +"or any in the countrye could command them to lay down their arms". An +attempt to betray them, or to wring the sword out their hands by +violence would probably end in failure. It was thought more prudent to +subdue "these mad fellows" with "smoothe words", rather than by "rough +deeds". So Grantham presented himself to them, told of Ingram's +submission and offered them very liberal terms of surrender. They were +to be paid for the full time of their service since the granting of +Bacon's commission; those that so desired were to be retained in arms to +fight the Indians; all servants among them were to secure immediate +release from their indentures. Deserted by their leader and tempted by +these fair promises, the men were at last persuaded to yield. Grantham +embarked them on the fleet and took them down to Tindall's Point, there +to make their submission and "kiss the Governour's hand".[709] + +Almost at the same time overtures were made by the Governor to General +Walkelett. Could this man be induced to surrender himself and his +troops, the last great obstacle to peace would be removed. So anxious +was Sir William to seduce him from the cause of the rebels, that he +offered him not only his pardon, but part of the plunder taken by Bacon +from the Indians.[710] Walkelett assented, and agreed to lead his troops +to Tindall's Point, and "declare for ye King's Majesty, the Governour & +Country". He was to find there "a considerable Company of resolved men", +to assist him in case his own party offered resistance.[711] This +arrangement seems to have been carried out successfully and Walkelett's +entire command was taken.[712] + +The collapse of the rebellion sounded the death knell of those "chiefe +Incendiaries" Drummond and Lawrence. These men had long protested +against Berkeley's arbitrary government, and had been largely +instrumental in bringing on the insurrection. Bacon had considered them +his chief advisors and friends. So deep was the Governor's hatred of +them that in his recent proclamations he had excepted them from the +general pardon.[713] + +When Ingram and Walkelett surrendered, these "arch rebels" were +stationed on the south side of the York River, at a place called Brick +House. When they heard of Ingram's intended desertion, they made +desperate but futile efforts to prevent his designs. Failing in this, +they determined to gather around them the remnants of the rebel forces +and march towards the frontier, in hopes of kindling anew the waning +spirit of resistance. "They sent downe to Coll: Bacons to fetch of the +Gard there, under ... Whaly, to reinforce their own strength." Whaly, +whose position was more exposed than their own, promptly obeyed, and +succeeded in bringing off his force with "the last remains of Coll: +Bacon's Estate". The rebel leaders now mustered about three hundred men, +and with these they retreated through New Kent, "thinking (like the snow +ball) to increase by their rouleing". "But finding that in stead of +increasing there number decreast; and that the Moone of there fortune +was now past the full, they broke up howse-keeping, every one shifting +for him selfe."[714] + +And now the chief rebels were hunted down like wild beasts by the +Governor's troops. Thomas Hall, formerly clerk of the New Kent county +court, Thomas Young, Major Henry Page, and a man named Harris were +captured and led before Sir William. They were all tried by court +martial, on shipboard off Tindall's Point, convicted of treason, and at +once sent to their execution.[715] + +A few days later Drummond was found, exhausted and half starved, hiding +in Chickahominy swamp.[716] When he was brought before the Governor, +that resentful old man could not restrain his joy. He is said to have +"complimented him with the ironicall sarcasm of a low bend", declaring +that he was more welcome than any other man in Virginia, or even his own +brother.[717] The next day Berkeley went to Colonel Bray's house and +here Drummond was conducted on foot to stand his trial. "In his way +thither he complained very much that his Irons hurt him, and ... +expressed abundance of thankes for being permitted to rest himselfe upon +the Roade, while he tooke a pipe of Tobacco."[718] But he refused the +offer of a horse, saying he would come soon enough to his death on foot. + +At his trial he was treated with brutal harshness, his clothes stripped +from his back and his ring torn from his finger. Although the rebellion +was now over, he was denied jury trial, and was condemned by court +martial after a hearing of but half an hour. Some months later, when +this matter came to the attention of the English Privy Council, the Lord +Chancellor exclaimed that "he knew not whether it were lawful to wish a +person alive, otherwise he could wish Sir William Berkeley so, to see +what could be answered to such barbarity".[719] + +Thus ended the rebellion. Apparently it had accomplished nothing for the +cause of liberty or the relief of the oppressed commons. Few of the +abuses that had caused the people to take arms had been rectified. The +taxes were heavier than ever, the Governor was more severe and +arbitrary. English troops were on their way to the colony to enforce +submission and obedience. Charles II, irritated at the independent +spirit of the Virginians, was meditating the curtailment of their +privileges and the suppression of their representative institutions. Yet +this attack of an outraged people upon an arbitrary and corrupt +government, was not without its benefits. It gave to future Governors a +wholesome dread of the commons, and made them careful not to drive the +people again into the fury of rebellion. It created a feeling of +fellowship among the poor planters, a consciousness of like interests +that tended to mould them into a compact class, ready for concerted +action in defense of their rights. It gave birth in the breasts of many +brave men to the desire to resist by all means possible the oppression +of the Stuart kings. It stirred the people to win, in their legislative +halls, victories for the cause of liberty, as real as those which Bacon +and his followers had failed to secure on the field of battle. + +FOOTNOTES: + +[472] Mass. S. IV, Vol. IX, p. 165; P. R. O., CO1-30-71. + +[473] Hen., Vol. I, pp. 323, 380. + +[474] Hen., Vol. II, p. 141. + +[475] T. M., p. 9; Mass. S. IV, Vol. IX, pp. 165, 167. + +[476] T. M., p. 9; P. R. O., CO5-1371-370; CO1-36-36; CO1-36-37. + +[477] T. M., p. 8; Mass. S. IV, Vol. IX, p. 165. + +[478] T. M., pp. 8-9; P. R. O., CO5-1371-370; Mass. S. IV, Vol. IX, p. +165. + +[479] P. R. O., CO1-39-10; CO1-36-78; W. & M. Q., Vol. IX, p. 10. + +[480] W. & M. Q., Vol. IX, p. 6; T. M., p. 11. + +[481] W. & M. Q., Vol. IX, p. 6. + +[482] Mass. S. IV, Vol. IX, p. 165; P. R. O., CO1-36-78. + +[483] P. R. O., CO5-1371-369; T. M., p. 9. + +[484] T. M., p. 10. + +[485] T. M., p. 9; P. R. O., CO392.1-173, 178; Cotton, p. 3; Inds' +Pros., p. 5; P. R. O., CO5-1371-370. + +[486] P. R. O., CO1-36-78; CO5-1371-369; T. M., pp. 9-10; Inds' Pros., +pp. 7-8; Mass. S. IV, Vol. IX, p. 165. + +[487] P. R. O., CO5-1371-370. + +[488] Inds' Pros., p. 7; P. R. O., CO-1371-370; CO1-36-66; Mass. S. IV, +Vol. IX, p. 176. + +[489] W. & M. Q., Vol. IX, p. 7. + +[490] P. R. O., CO5-1371-372; Va. Mag., Vol. III, p. 35. + +[491] T. M., p. 10. + +[492] P. R. O., CO5-1371-373, 411. + +[493] P. R. O., CO1-30-51; CO1-36-37. + +[494] T. M., p. 11; W. & M. Q., Vol. IX, p. 7; P. R. O., CO5-1371-375. + +[495] P. R. O., CO1-36-36. + +[496] Mass. S. IV, Vol. IX, p 165; Hen., Vol. II, p. 326. + +[497] P. R. O., CO5-1371-373; Hen., Vol. II, pp. 327-329. + +[498] Inds' Pros., pp. 8, 9. + +[499] P. R. O., CO5-1371-378. + +[500] P. R. O., CO5-1371-374. + +[501] P. R. O., CO5-1371-378; Inds' Pros., p. 8. + +[502] P. R. O., CO5-1371-379; CO1-37-17. + +[503] P. R. O., CO5-1371-375. + +[504] P. R. O., CO1-40-106. + +[505] P. R. O., CO5-1371-375. + +[506] Ibid. + +[507] Ibid. + +[508] Bac's Pros., p. 9. + +[509] P. R. O., CO5-1371-376. + +[510] Cotton, p. 4; Mass. S. IV, Vol. IX, p, 180; P. R. O., CO1-37-1. + +[511] Va. Mag., Vol. II, pp. 125-129. + +[512] P. R. O., CO5-1371-375. + +[513] Va. Mag., Vol. III, pp. 134-135. + +[514] P. R. O., CO5-1371-376; W. & M. Q., Vol. IX, pp. 4, 7. + +[515] P. R. O., CO5-1371-376. + +[516] P. R. O., CO1-36-54; CO1-36-37; CO1-37-1. + +[517] P. R. O., CO5-1371-376, 7; CO1-36-54: CO1-37-1; Mass. S. IV, Vol. +IX, p. 166. + +[518] P. R. O., CO5-1371-376, 7. + +[519] W. & M. Q., Vol. IX, p. 7; Mass. S. IV, Vol. IX, p. 166. + +[520] P. R. O., CO5-1371-377; W. & M. Q., Vol. IX, p. 4. + +[521] Hen., Vol. I, p 422; Burk, Vol. II, pp. 104-106; Force, Vol. I, +Tract VIII, p. 14. + +[522] Hen., Vol. I, p. 380. + +[523] Mass. S. IV, Vol. IX, pp. 166, 180. + +[524] Mass. S. IV, p. 166. + +[525] P. R. O., CO5-1371-377; CO1-36-55; CO1-37-1. + +[526] P. R. O., CO5-1371-377; CO1-36-66; CO1-37-14. + +[527] Mass. S. IV, Vol. IX, p. 167. + +[528] P. R. O., CO5-1371-377. + +[529] Mass. S. IV, Vol. IX, p. 168. + +[530] Ibid. + +[531] P. R. O., CO1-37-1. + +[532] P. R. O., CO1-36-64. Berkeley's proclamation, addressed to the +sheriff of Rappahannock county, dissolving the Assembly, and the +proclamation denouncing Bacon as a traitor were both issued in Henrico, +on May 10, 1676. + +[533] P. R. O, CO5-1371-379. + +[534] P. R. O., CO5-1371-379, 411. + +[535] W. & M. Q., Vol. IX, p. 1; Va. Mag., Vol. I, p. 180; P. R. O., +CO1-36-77; CO1-37-16. + +[536] Va. Mag., Vol. I, p. 180. + +[537] W. & M. Q., Vol. XI, p. 121. + +[538] Mass. S. IV, Vol. IX, p. 167. + +[539] Ibid. + +[540] P. R. O., CO1-37-16; Va. Mag., Vol. I, p. 182. + +[541] P. R. O., CO1-36-77. + +[542] Va. Mag., Vol. I, p. 181. + +[543] Mass. S. IV, Vol. I, p. 167. + +[544] Ibid. + +[545] Va. Mag., Vol. I, p. 181; P. R. O., CO1-37-16; W. & M. Q., Vol. +IX, p. 2. + +[546] P. R. O., CO1-37-16. + +[547] P. R. O., CO1-36-77. + +[548] Mass. S. IV, Vol. IX, p. 167; P. R. O., CO1-37-16; CO1-36-77. + +[549] Mass. S. IV, Vol. IX, p. 167. + +[550] P. R. O., CO1-36-77. + +[551] Mass. S. IV, Vol. IX, p. 168. + +[552] P. R. O., CO1-37-16. + +[553] W. & M. Q., Vol. IX, p. 7. + +[554] P. R. O., CO1-36-77. + +[555] W. & M. Q., Vol. IX, p. 7. + +[556] P. R. O., CO1-36-77; CO1-36-16; T. M., p. 11. + +[557] W. & M. Q., Vol. IX, p. 5. + +[558] P. R. O., CO5-1371-379. + +[559] Bac's Pros., p. 11; T. M., p. 12. + +[560] P. R. O., CO5-1371-369; CO1-37-16, 17; Bac's Pros., p. 11; Mass. +S. IV, Vol. IX, p. 170. + +[561] P. R. O., CO5-1371-379. + +[562] Ibid. + +[563] Ibid. + +[564] Ibid. + +[565] P. R. O., CO5-1371-380; CO1-37-16; Mass. S. IV, Vol. IX, p. 170. + +[566] Ibid. + +[567] Ibid. + +[568] CO5-1371-380. + +[569] Ibid. + +[570] Va. Mag., Vol. I, p. 171; Hen., Vol. II, p. 543. + +[571] W. & M. Q., Vol. IX, p. 5. + +[572] T. M., p. 15. + +[573] W. & M. Q., Vol. IX, p. 8. + +[574] T. M., pp. 12-13. + +[575] P. R. O., CO1-37-16. + +[576] Mass. S. IV, Vol. IX, p. 170; P. R. O., CO1-37-16. + +[577] W. & M. Q., Vol. IX, p. 8. + +[578] Ibid. + +[579] Ibid. + +[580] W. & M. Q., Vol. IX, p. 9. + +[581] Va. Mag., Vol. I, p. 171. + +[582] P. R. O., CO5-1371-381. + +[583] P. R. O., CO5-1371-382. + +[584] Mass. S. IV, Vol. IX, p. 171. + +[585] P. R. O., CO1-37-17. + +[586] P. R. O., CO1-37-16. + +[587] P. R. O., CO1-37-17. + +[588] Ibid. + +[589] Ibid. + +[590] Ibid. + +[591] P. R. O., CO1-37-16. + +[592] P. R. O., CO1-37-17. + +[593] P. R. O., CO1-37-16, 17; T. M., p. 16. + +[594] P. R. O., CO1-37-17. + +[595] P. R. O., CO1-37-16. + +[596] Ibid. + +[597] P. R. O., CO1-37-16. + +[598] P. R. O., CO5-1371-382. + +[599] P. R. O., CO1-37-16. + +[600] P. R. O., CO5-1371-382. + +[601] P. R. O., CO1-37-16. + +[602] P. R. O., CO5-1371-382. In the various accounts left us of these +scenes there is usually agreement upon the essential points. But in +details and the sequence of events there is much discrepancy. The author +has endeavored to present the facts in accordance with the greatest +weight of evidence. + +[603] P. R. O., CO1-37-16, 17. + +[604] P. R. O., CO5-1371-383; CO1-37-15.1. + +[605] P. R. O., CO1-37-16. + +[606] P. R. O., CO5-1371-379. + +[607] Hen., Vol. II, p. 353. + +[608] Hen., Vol. II, p. 354. + +[609] Hen., Vol. II, p. 359. + +[610] Hen., Vol. II, p. 357. + +[611] Hen., Vol. II, p. 356. + +[612] Ibid. + +[613] P. R. O, CO1-37-16. + +[614] CO5-1371-384, 385. + +[615] P. R. O., CO5-1371-383. + +[616] Mass. S. IV, Vol. IX, p. 181. + +[617] P. R. O., CO5-1371-385. + +[618] P. R. O., CO5-1371-387; T. M., p. 20. + +[619] P. R. O., CO5-1371-385. + +[620] P. R. O., CO5-1371-385. + +[621] P. R. O., CO5-1371-386. + +[622] P. R. O., CO5-1371-387. + +[623] P. R. O., CO5-1371-232-240; CO1-39-38. + +[624] P. R. O., CO1-37-41. + +[625] P. R. O., CO1-37-42. + +[626] Ibid. + +[627] P. R. O., CO1-37-41. + +[628] P. R. O., CO1-37-43. + +[629] P. R. O., CO5-1371-388; Burk, Vol. II, p. 271. + +[630] P. R. O., CO5-1371-390. + +[631] P. R. O., CO5-1371-391. + +[632] P. R. O., CO5-1371-392. + +[633] P. R. O., CO5-1371-392. + +[634] P. R. O., CO5-1371-393. + +[635] P. R. O., CO5-1371-393. + +[636] P. R. O., CO5-1371-394. + +[637] Ibid. + +[638] T. M., p. 22. + +[639] P. R. O., CO5-1371-394; Burk, Vol. II, p. 271. + +[640] Burk, Vol. II, p. 271. + +[641] Ibid. + +[642] T. M., p. 22. + +[643] T. M., p. 22. + +[644] P. R. O., CO5-1371-394. + +[645] T. M., p. 23; P. R. O., CO5-1371-52, 54. + +[646] The account of the King's commissioners places the number at six +hundred; in Bacon's Proceedings it is given as one thousand. + +[647] P. R. O., CO5-1371-394; Bac's Pros., p. 21. + +[648] Bac's Pros., p. 22. + +[649] Bac's Pros., p. 22. + +[650] Bac's Pros., p. 22. + +[651] Bac's Pros., p. 22. + +[652] Bac's Pros., p. 22. + +[653] P. R. O., CO5-1371-394. + +[654] P. R. O., CO5-1371-395. + +[655] P. R. O., CO5-1371-395. + +[656] P. R. O., CO5-1371-395. + +[657] P. R. O., CO5-1371-396. + +[658] P. R. O., CO5-1371-397, 400. + +[659] Bac's Pros., p. 24. + +[660] Bac's Pros., p. 24. + +[661] P. R. O., CO5-1371-396. + +[662] Cotton, p. 8; Bac's Pros., p. 24. The report of the commissioners +places this incident some days later, after the assault of the 15th. The +author has followed the account given in Bacon's Proceedings, which +seems to him probably more correct. Bacon could have no object in +exposing the ladies after his trenches were completed, his heavy guns +mounted and the enemy defeated. + +[663] P. R. O., CO5-1371-397. + +[664] Bac's Pros., p. 25. + +[665] Bac's Pros., p. 25. + +[666] P. R. O., CO5-1371-398, 400. + +[667] P. R. O., CO5-1371-400. + +[668] Ibid. + +[669] Bac's Pros., p. 25. + +[670] P. R. O., CO5-1371-400. + +[671] Bac's Pros., p. 26. + +[672] P. R. O., CO5-1371-400. + +[673] P. R. O., CO5-1371-401; Bac's Pros., p. 26. + +[674] Bac's Pros., p. 26. + +[675] Bac's Pros., p. 26. + +[676] P. R. O., CO5-1371-401. + +[677] P. R. O., CO5-1371-405. + +[678] P. R. O., CO5-1371-401; CO1-39-22; Bac's Pros., p. 26. + +[679] Bac's Pros., p. 26. + +[680] Bac's Pros., p. 26. + +[681] Bac's Pros., p. 26. + +[682] P. R. O., CO5-1371-402. + +[683] P. R. O., CO5-1371-401; Bac's Pros., p. 27. + +[684] Bac's Pros., p. 28. + +[685] P. R. O., CO5-1371-404. + +[686] Bacon's Proceedings places the death of Bacon on Oct. 18; the +Commissioners give the date as Oct. 26. + +[687] T. M., p. 24. + +[688] Ing's Pros., p. 32. + +[689] Ing's Pros., p. 39. + +[690] Ing's Pros., p. 40. + +[691] Ing's Pros., p. 39. + +[692] The news of Hansford's capture reached Captain Morris near +Nansemond Nov. 12th. + +[693] Ing's Pros., p. 33. + +[694] Ing's Pros., p. 35. + +[695] Ing's Pros., p. 36. + +[696] Ing's Pros., p. 38. + +[697] Ing's Pros., p. 38. + +[698] Ing's Pros., p. 38. + +[699] Ing's Pros., p. 40. + +[700] Ing's Pros., p. 40. + +[701] Ing's Pros., p. 40. + +[702] Ing's Pros., p. 42. + +[703] Ing's Pros., p. 42. + +[704] Ing's Pros., p. 43. + +[705] P. R. O., CO5-1371-416; CO1-37-52; CO1-39-10. + +[706] P. R. O., CO1-40-45. + +[707] Ing's Pros., p. 45. + +[708] Ing's Pros., p. 45; P. R. O., CO5-1371-416. + +[709] Ing's Pros., p. 46; P. R. O., CO5-1371-416. + +[710] P. R. O., CO1-39-13. + +[711] P. R. O., CO5-1371-501. + +[712] P. R. O., CO5-1371-416. + +[713] P. R. O., CO1-39-10; Ing's Pros., p. 47. + +[714] Ing's Pros., p. 48. + +[715] Ing's Pros., p. 49. + +[716] Drummond was captured Jan. 14, 1677. + +[717] T. M., p. 23; Ing's Pros., p. 49. + +[718] Ing's Pros., p. 50. + +[719] Burk, Vol. II, p. 266; P. R. O., CO1-41-74, 75; CO389.6. Lawrence +and Whaly made good their escape into the forest. They probably +perished, however, from exposure, or at the hands of the Indians. + + + + +CHAPTER VII + +THE PERIOD OF CONFUSION + + +When the news reached England that the common people of Virginia were in +open revolt against their Governor, and had driven him from his capital, +the King was not a little surprised and alarmed. The recollection of the +civil war in England was still fresh enough in his memory to make him +tremble at the mutterings of rebellion, even though they came from +across the Atlantic. Moreover, since the customs from the Virginia +tobacco yielded many thousand pounds annually, he could but be concerned +for the royal revenue. If the tumults in the colony resulted in an +appreciable diminution in the tobacco crop, the Exchequer would be the +chief loser. Nor did the King relish the expense of fitting out an army +and a fleet for the reduction of the insurgents. + +His anxiety was increased by lack of intelligence from the colonial +government. Several letters telling of Bacon's coercion of the June +Assembly had reached him, but after that months passed without word from +the Governor or the Council. From private sources, however, came reports +of "uproars so stupendous" that they could hardly find belief.[720] It +was rumored in England that Sir William had been defeated, driven out of +the colony, and "forced to lie at sea".[721] + +Charles seems to have perceived at once that Berkeley must have been +responsible for the Rebellion. He probably cared very little whether the +old Governor oppressed the people or not, so long as he kept them quiet, +but it was an inexcusable blunder for him to drive them into +insurrection. Charles himself, it is said, had resolved long before, +never to resume his travels; he now wondered why Sir William had brought +upon himself this forced journey to Accomac. He decided to institute an +investigation to find out what the Governor had been doing so to +infuriate the people. A commission, consisting of Colonel Herbert +Jeffreys, Sir John Berry and Colonel Francis Moryson, was appointed to +go to Virginia to enquire into and report all grievances and +pressures.[722] + +Early in June, 1676, Berkeley had written the King, complaining that his +age and infirmities were such that he could no longer perform properly +his office in Virginia, and requesting that he be allowed to retire from +active service.[723] The Council had protested against this resignation, +but Charles thought it best to take Sir William at his word and to +recall him from the government he had not been able to preserve in peace +and quiet. In honor of his long service, and his well known loyalty, he +was, however, to retain "the title and dignity of Governor".[724] He was +ordered to return to England "with all possible speed", to report upon +his administration and to give an account of the extraordinary tumults +in the colony.[725] During his absence the duties of his office were to +be entrusted to Colonel Herbert Jeffreys, who was to bear the title of +Lieutenant-Governor.[726] He was not, however, to be the deputy or +assistant of Sir William, and "to all intents and purposes" was made +Governor-in-chief. Berkeley was to be "no wayes accountable" for his +actions good or bad.[727] + +The King instructed Colonel Jeffreys, before attempting to subdue the +rebels by force of arms, to exhaust all peaceable means of securing +their submission. In order to make this task more easy, he drew up and +had printed a proclamation of pardon, which he directed him to publish +throughout the colony. All, it declared, with the sole exception of +Bacon, that should surrender themselves, and take the oath of allegiance +and supremacy, were to receive free and full forgiveness. Charles felt +that most of the colonists were at heart still loyal, and would, if +their grievances were redressed, be glad to accept his royal offer of +grace. + +But he did not rely entirely upon gentle measures, for, after all, the +stubborn Virginians might distrust his promises and reject the pardon. +So he resolved to send to the colony a strong body of troops to bring +them to their senses, if necessary, at the point of the bayonet. A +thousand men, thoroughly equipped for active service, were put under the +command of Colonel Jeffreys and embarked for the colony.[728] + +In the meanwhile, Governor Berkeley, having regained his authority, was +busily engaged in reimbursing himself and his friends for their losses +in the Rebellion. There can be no doubt that many of the loyalists had +suffered severely by the depredations of the insurgents.[729] Those that +followed the Governor into exile upon the Eastern Shore, had been +compelled to leave their estates to the mercy of the enemy. And the +desperate rebels, especially after death had removed the strong arm of +Bacon, had subjected many plantations to thorough and ruthless pillage. +Crops had been destroyed, cattle driven off, farm houses burned, +servants liberated. Almost every member of the Council had suffered, +while Berkeley himself claimed to have lost no less than £10,000.[730] + +Thus, it was with a spirit of bitterness and hatred that the loyalists, +in January and February, returned to their ruined homes. Quite +naturally, they set up a clamor for compensation from the estates of +those that had plundered them. Now that the King's authority had been +restored, and the cause they had contended for had triumphed, they +demanded that the vanquished should be made to disgorge their plunder +and pay for their wanton destruction. Surely the Governor's followers +could not be expected to accept readily all these great losses as a +reward for their loyalty. + +But restoration upon a large scale would almost certainly entail +injustice, and would fan again the flames of bitterness and hatred. It +might be possible to restore many articles yet remaining in the hands of +the rebels, but most of the plundered goods had long since been +consumed. It was often impossible to determine what persons had been +guilty of specific acts of pillage, while many of the most active +rebels were very poor men, from whom no adequate compensation could be +obtained. + +There ensued an undignified and pernicious scramble by the loyalists to +seize for their own use the property of the few well-to-do insurgents. +On all sides confiscation, unauthorized seizures, and violence marked +the collapse of the Rebellion. In these proceedings Sir William took the +lead. His servants went out, under pretence of searching for his stolen +property, to take for his use the sheep, the cattle, and other goods of +the neighboring rebels.[731] He showed, it was declared, "a greedy +determination thoroughly to heale himselfe before hee car'd to staunch +the bleeding gashes of the woefully lacerated country.... Making and +treating men as delinquents, before any due conviction or attainder, by +seizing their estates, cattle, servants and carrying off their tobacco, +marking hogsheads and calling this securing it to the King's +service."[732] + +Even more unjustifiable was the conduct of Sir William in resorting to +arbitrary compositions with his prisoners to fill his exhausted +purse.[733] Men were arrested, thrown into jail, terrified with threats +of hanging, and released only upon resigning to the Governor most or all +of their estates.[734] One James Barrow was locked up at Green Spring +and refused permission to plead his case before the Governor. He was +told that his release could be secured only upon the payment of a +ruinous composition. "By reason," he said, "of the extremity of Cold, +hunger, lothsomnesse of Vermin, and other sad occasions, I was forct to +comply."[735] Edward Loyd was held for twenty-one days, while his +plantation was invaded, and his wife so frightened that she fell into +labor and died. + +It was proposed by the loyalists to share among themselves the estates +of all that had been executed for treason, had died in arms against the +King, or had fled from the colony to escape the Governor's +vengeance.[736] It did not matter to them that the wretched widows and +orphans of these men would be left destitute. Nor did they stop to +consider that these estates, if forfeited at all, could not be seized +legally for private use, but should revert to the Crown. They thought +only of repairing their own ruined fortunes.[737] + +In the midst of this confusion and lawlessness Berry and Moryson, with a +part of the fleet and seventy of the English soldiers, arrived in the +James River.[738] They had left Portsmouth November the nineteenth, but +it was January the twenty-ninth before they reached Virginia.[739] +Without waiting for Jeffreys and the main body of the fleet, they +notified the Governor of their arrival and requested an immediate +conference. Berkeley came aboard their flag-ship, the _Bristol_, +February the first, where he was notified of their mission and intrusted +with official letters.[740] He poured into the ears of the commissioners +the recital of the exciting events of the past months--the destruction +of Jamestown, Bacon's death, the surrender of Ingram and Walkelett, the +execution of the leading rebels, the return of "the poore Scattered +Loyal party to their ruined homes".[741] Although peace had been +restored not three weeks before, he pretended astonishment that the King +had thought it necessary to send soldiers to his aid. + +Nor could he conceal his irritation at the mission of Berry and Moryson. +That Charles should think it necessary to make an investigation of +affairs in Virginia betokened a lack of confidence in the Governor. +Berkeley's friends claimed, no doubt truly, that he was the author of +every measure of importance adopted by the government of Virginia. An +inquiry into conditions in the colony could but be an inquiry into his +conduct. And the Governor, perhaps, knew himself to be guilty of much +that he did not wish to have exposed before his royal master. + +Moreover, Berkeley was not in the humor to brook interference at this +juncture. He was inexorably resolved that the chief rebels should be +brought to the gallows and that his own followers should be rewarded for +their faithfulness. If the commissioners intended to block these +measures, or protest against his actions when in violation of law, they +might expect his bitter hostility. + +Before the commissioners had been in Virginia two weeks their relations +with the Governor became strained. The disposing of the "delinquents +Estates", they announced, must be referred to the King. Loyal sufferers +should not secure restitution except by due process of law. Seizures of +tobacco and other goods must stop. Soon the meetings in the cabin of the +_Bristol_ became so stormy that the commissioners decided to hold all +future communication with Sir William in writing. This they thought +necessary because his "defect of hearing" not only made privacy +impossible, but looked "angrily, by loud and fierce speaking".[742] + +A few days later Colonel Jeffreys arrived with the remainder of the +fleet. He and his fellow commissioners found the whole country so ruined +and desolate that they experienced considerable difficulty in securing a +place of residence.[743] As the Governor disobeyed flatly the King's +commands to entertain them at Green Spring,[744] they were compelled to +accept the hospitality of Colonel Thomas Swann and make their home at +his seat on the James River.[745] On the twelfth of February, Jeffreys, +Berry and Moryson went to Green Spring, where they held a long +conference with Berkeley and the Council.[746] Jeffreys produced his +commission, and read the clauses which instructed Berkeley to return +immediately to England, and to resign the government into his +hands.[747] + +It is easy to imagine with what anger Berkeley and his Council received +this command. If Sir William must embark for England and give up his +government to this stranger, they would be foiled in their revenge in +the very moment of triumph. Jeffreys would probably put an end to the +wholesale plundering of the rebels: the illegal distribution of +confiscated estates, the seizure of goods, the unjust compositions. It +was true that Sir William had written the King in June asking his +recall, but many things had happened in Virginia since he penned that +letter. He was passionately opposed to leaving his government at this +juncture. + +And the old man's quick wit found an excuse for remaining in Virginia. +The word "conveniency" in his orders gave him a loophole.[748] It was +evident to all that the King wished him to return without delay, but +Berkeley pretended to believe that this word had been inserted in order +to permit him to use his own convenience in selecting the date of +departure. The question was put to the Council and this body gave a +ready and joyous support to the Governor's interpretation. Jeffreys and +the commissioners begged them to consider that the word referred not to +Sir William's "conveniency", but to that of the King's service, yet they +would not heed them.[749] So Jeffreys went back to Swann's Point in +discomfiture and the old Governor remained in Virginia for three months +more to carry to completion his plans of restitution and revenge.[750] +That he should have dared thus to trifle with his royal master's +commands, which all his life he had considered sacred, reveals to us +vividly his furious temper at this juncture. The humiliation and +indignities he had experienced during the Rebellion had deprived him of +all prudence. + +Had Colonel Jeffreys been a man of force he would not have submitted to +this juggling with the King's commands. With a thousand British troops +at his back, he could easily have arrested Sir William and forced him to +take ship for England. Although this would have been harsh treatment for +one that had so long served the King, it was fully justified by the +Governor's flagrant disobedience. And it would have relieved the colony +of the presence of a man whose inhuman cruelty had rendered him odious +to the people. But Jeffreys knew that the Governor's brother, Lord John +Berkeley, was high in the King's favor, and might take revenge should he +resort to violent measures. So he contented himself with writing home +his complaints, and sat quietly by, while Berkeley carried to completion +his principal designs. + +The Governor was deeply displeased with the King's proclamation of +pardon. Should he publish it at once, as he was ordered to do, it would +greatly hinder him in his work of revenge and render more difficult his +illegal seizures and confiscations. Since the pardon excepted only +Bacon, under its terms such notorious rebels as Robert Jones, or Whaly, +or even Lawrence, might come in out of the wilderness and demand +immunity. This Berkeley was determined should not be. He thought at +first of suppressing the pardon entirely, and of setting out one of his +own based upon it, excepting the most notorious rebels.[751] The +commissioners urged him to publish the papers unchanged, as the King +would undoubtedly resent any attempt to frustrate his intentions.[752] +And they insisted that there should be no delay. "Observing the +generality of the people to look very amazedly one upon another", at the +arrival of the English soldiers, as though dreading a terrible revenge +by the King, they thought it highly desirable to "put them out of their +paine".[753] It was, they declared, by no means unlikely that a new +rebellion would break out, for the people were still deeply dissatisfied +and "murmured extremely". + +After several days of hesitation, Berkeley decided to issue the King's +proclamation unchanged. Accordingly, on the tenth of February, to the +great relief of "the trembling people", the printed copies brought over +by the commissioners were made public.[754] But with them the Governor +published a proclamation of his own, which limited and modified that of +his Majesty.[755] Gyles Bland, Thomas Goodrich, Anthony Arnold, and all +other rebels then in prison were to be denied the benefit of the pardon. +The King's mercy was not to extend to Lawrence and Whaly; or to John +Sturdivant, Thomas Blayton, Robert Jones, John Jennings, Robert Holden, +John Phelps, Thomas Mathews,[756] Robert Spring, Stephen Earleton and +Peter Adams; or "to John West and John Turner, who being legally +condemned for rebellion made their escapes by breaking prison"; or to +Sara Grindon, "who by her lying and scandalous Reports was the first +great encourager and Setter on of the ignorant" people; or even to +Colonel Thomas Swann, Colonel Thomas Bcale or Thomas Bowler, former +members of the Council.[757] The commissioners thought it highly +presumptuous in Berkeley thus to frustrate the King's wishes, and they +were careful to let his Majesty know the Governor's disobedience, but +the Council of Virginia endorsed all his actions and the people dared +not disobey. + +And so the trials and executions of the wretched rebels continued. As a +result, no doubt, of the protests of the commissioners, the proceedings +of the court martial were closed, and the accused were now examined +before the court of oyer and terminer.[758] Gyles Bland, who for some +months had been a prisoner aboard the _Adam and Eve_, was now made to +answer for his participation in the Rebellion.[759] He possessed many +powerful friends in England, but their influence could not save him. It +was rumored that the Duke of York had blocked all efforts in his behalf, +vowing "by God Bacon and Bland shoud dye".[760] Accordingly, on the +eighth of March, he was condemned, and seven days later was +executed.[761] Other trials followed. In quick succession Robert +Stoakes, John Isles, Richard Pomfoy, John Whitson and William Scarburgh +were sent to the scaffold.[762] Some of the Governor's friends expressed +fear that the rabble might attempt to rescue these men, and "Counsell'd +the not sending them to dye without a strong Guard", but the people +dared not rise in their behalf.[763] + +Robert Jones was condemned, but was saved from the gallows by the +intercession of Colonel Moryson. Jones had fought with Charles I in the +English civil wars, and now exhibited the wounds received in the service +of the father as a plea for pardon for his rebellion against the son. +Moryson was moved to pity at the plight of the old veteran and wrote to +Madam Berkeley requesting her to intercede for him with the +Governor.[764] "If I am at all acquainted with my heart," wrote the Lady +in reply, "I should with more easinesse of mind have worne the Canvas +Lynnen the Rebells said they would make me be glad off, than have had +this fatal occasion of interceding for mercy."[765] None the less +Berkeley consented to reprieve Jones, and many months later the King +pardoned him.[766] + +Anthony Arnold, who had been one of the most active of the rebel +leaders, boldly defended the right of peoples to resist the oppressions +of their rulers. He declared that kings "had no rights but what they +gott by Conquest and the Sword, and he that could by force of the Sword +deprive them thereof, had as good and just a Title to it as the King +himselfe.... If the King should deny to doe him right he would make noe +more to sheathe his sword in his heart or Bowells then of his own +mortall Enemyes."[767] For these and other treasonable words this +"horrible resolved Rebell and Traytor" was condemned to be "hang'd in +Chaines in his own County, to bee a more remarkable Example than the +rest".[768] + +The Governor, even now, showed no inclination to put an end to the +trials and executions. No sooner would the courts empty the jails of +prisoners than he would fill them up again. The unhappy rebels, finding +that the King's pardon gave them little protection, and that Berkeley +excepted from it whom he wished, could not know where next the axe would +fall.[769] None can say how far Sir William would have carried his +revenge had not the Assembly requested him "to hold his hand from all +other Sanguinary punishment".[770] This brought him to his senses and he +consented, though with extreme reluctance, to dismiss his witnesses and +juries, and put an end to the executions. And even then "he found out a +new way" to punish his victims, "ffyning some of their Treasons and +Rebellions and condemning others to banishment to England".[771] + +The Governor's extreme severity and the insatiable greed of the loyal +party brought the colony to the verge of another rebellion. The people +were deeply angered. Had there appeared any person to lead them, "bould +and courageous ... that durst venture his neck", the commons were ready +"to Emmire themselves as deepe in Rebellion as ever they did in Bacon's +time".[772] For many months it was feared that Lawrence, "that Stubborn +desperate and resolved Rebell", would emerge from seclusion to put +himself at the head of a new swarm of mutineers.[773] Were he to appear +at this juncture, not even the presence of the English troops could +prevent Bacon's veterans from flocking to his standard. "Soe sullen and +obstinate" were the people that it was feared they would "abandon their +Plantacons, putt off their Servants & dispose of their Stock and away to +other parts". Had England at this juncture become involved in a foreign +war, the Virginians would undoubtedly have sought aid from the enemies +of the mother country.[774] + +Nor could the people expect relief or justice from the General Assembly +which met at Green Spring, February the twentieth, 1677.[775] The +elections had been held soon after the final collapse of the Rebellion, +amid the general terror inspired by the numerous executions, and had +resulted in an overwhelming victory for the loyalists. In many counties, +staunch friends of the Governor had been put in nomination, and the +commons given an opportunity of showing the sincerity of their +repentance by electing them to the Assembly. William Sherwood declared +that most of the Burgesses were Berkeley's "owne Creatures & choase by +his appointments before the arrivall of the Commissioners".[776] In +several places fraud as well as intimidation seems to have been used to +secure the election of loyalists. The commons of Charles City complained +that there had been illegal voting in their county and seventy of them +signed a petition, demanding a new election, which they posted upon the +court house door.[777] That the Assembly was in no sense representative +of the people seems to have been recognized even in England, for some of +the King's ministers declared that it had been "called when ye Country +was yet remaining under great distractions, and uncapable of making +their Elections after ye usual manner".[778] + +Certain it is, that the House of Burgesses as well as the Council, was +filled with ardent loyalists and friends of the Governor. They passed +several acts confirming all Berkeley's recent measures, and inflicting +further punishment upon the luckless rebels.[779] Some that had escaped +the gallows were forced to pay heavy fines, others were banished.[780] +Many were compelled to make humble submission, with ropes around their +necks, upon their knees before the Governor or the county magistrates. +Large sums of money were voted to reward the most active of Berkeley's +supporters. All that had held command among the rebels, even Ingram and +Walkelett, were made forever "incapable of any office civil or military +in Virginia". To speak ill of the Governor and Council or of the +justices of the peace, was declared a high crime, punishable by +whipping. If the people, to the number of six, assembled in arms, they +were to be considered mutineers and rebels. And the Burgesses showed +great reluctance to reduce their own salaries, which the people +considered so excessive. The Governor feared to insist upon it, "least +perhaps he might thereby disoblige and thwart his own ends and interest +in the Assembly", and only the positive commands of the King, delivered +to them by the commissioners, could induce them to make any reduction at +all.[781] + +They passed resolutions praising the wisdom, the bravery, the justice +and integrity of the Governor, and exonerating him for all blame for the +outbreak of the Rebellion.[782] "The distempered humor predominant in +the Common people", which had occasioned the insurrection, they declared +the result of false rumors "inspired by ill affected persons, provoking +an itching desire in them to pry into the secrets of the grand +assembly".[783] They snubbed the King's commissioners, replying to their +request for assistance in discovering the common grievances that the +Assembly alone was the proper body to correct the people's wrongs.[784] +Yet when the commons did come to the Burgesses with their complaints +they were repulsed with harsh reproofs and even severe punishment. +Certain grievances from Isle of Wight county were denounced as +"libellous, Scandalous and rebellious" and "the chiefe persons in the +Subscriptions" were to be punished "to the merits of their Crymes".[785] +A petition from Gloucester county was declared to savor so strongly of +the "old leaven of rebellion" that it must be expunged from the records. +When the people of Nansemond appealed for a more just method of +taxation, they were answered briefly, "It is conceived the pole is the +equallest way."[786] + +One is inclined to wonder why the people, thus finding the Assembly but +an instrument of oppression in the Governor's hands, did not turn +eagerly for support and relief to the King's commissioners. These men +had invited them to bring in all their pressures, without restraint or +fear of punishment. His Majesty, they announced, was anxious to know +what had caused them to rise against his authority. All just complaints +would be carefully considered and all grievances redressed.[787] But +dread of Sir William's anger held the people back. Their chief grievance +was the old Governor himself, but there were few that dared say so, even +with the promise of the King's protection. The commissioners wrote +Secretary Coventry that until "the awe of his stay" was removed, they +could "never thoroughly search and penetrate into the bottome of the +Businesse".[788] Berkeley, they said, continually impeded their +investigations and prevented the people from testifying. It might be +necessary for Colonel Jeffreys to send him home, before the mists he +cast before them could be dispelled.[789] When he was gone, a short time +would show boldly those things that as yet only cautiously peeped +forth.[790] + +The violent opposition which the commissioners encountered from the +Governor and the loyalists soon forced them to become the leaders of the +defeated party. The poor people looked forward with hope to the day when +Sir William would leave and Colonel Jeffreys assume control of the +executive. Then, they were sure, the persecutions would end and justice +be done them. + +The hatred and contempt of the Governor's friends for Colonel Jeffreys +and his colleagues is shown by an interesting and unique incident. +Having heard that Sir William was at last preparing to sail for England, +they went to Green Spring, on the twenty-second of April, to bid him +farewell.[791] This they thought due his dignity and rank, even though +their relations with him had been far from cordial.[792] As they left +the house, after paying their respects to the Governor and his lady, +they found Sir William's coach waiting at the door to convey them to +their landing.[793] But before they rode away a strange man came +forward, boldly putting aside the "Postillion that used to Ryde" and got +up himself in his place. The Governor, several Councillors, and others +saw what occurred, but did not offer to interfere. Lady Berkeley went +"into her Chamber, and peep'd through a broken quarrell of the Glass, to +observe how the Show look'd".[794] After reaching their boat, the +commissioners found to their horror that the strange postilion was none +other than the "Common Hangman that ... put the Halters about the +Prisoner's Necks in Court when they were to make their submission". This +seemed to them so gross an insult, not only to the "Great Seal", but to +their "persons as Gentlemen", that they were resolved to make his +Majesty himself acquainted with it.[795] "The whole country rings of ... +the public Odium and disgrace cast upon us," they said, "as the Exchange +itselfe shortly may."[796] + +It is probable that Lady Berkeley alone was responsible for this +incident, which, as the commissioners themselves said, looked "more like +a woman's than a man's malice".[797] The Governor denied with +passionate vehemence that he was in any way guilty. "I have sent the +Negro[798] to be Rebuked, Tortur'd or whipt, till he confesse how this +dire misfortune happen'd," he wrote the commissioners, "but I am soe +distracted that I scarce know what I doe."[799] + +Even before Berkeley left the colony Colonel Jeffreys issued a +proclamation, formally taking possession of the government.[800] For +some time it had been apparent that the Lieutenant-Governor's long delay +in entering upon his duties was greatly weakening him in the estimation +of the people. Since he had been forced to sit idly by for several +months while Sir William carried to completion matters of the utmost +importance, and had not dared to take his office so long as it pleased +the old man to linger in the colony, many thought, quite naturally, that +he could not have been entrusted with full authority to act as Governor. +And this opinion had been industriously furthered by the loyal party. +The departure of Sir William, they declared, did not mean a permanent +change of administration. Jeffreys was to act only as his deputy during +his absence and would retire upon his return.[801] Feeling that these +views, if universally accepted, would undermine his influence and +authority, Jeffreys entered a vigorous denial in his proclamation. He +had been appointed, he declared, to exercise the power of Governor, as +fully as Berkeley or any of his predecessors had done. No man should +dare to belittle his office or authority. Berkeley was going home at his +own request because his great age and infirmities rendered him unfit to +sustain further the burdens of his position. The new executive had +refrained from assuming his duties earlier, "because an Assembly being +... ready to convene, the issueing forth a new Summons ... must needs +have greatly retarded the publique Weale".[802] Nor did he scruple to +claim the full title of "Governour and Captain Generall of Virginia". + +This proclamation aroused Berkeley's deepest ire. "Your ejecting me," he +wrote Jeffreys, "from having any share in the Government whilst yet I +am in the Countrey ... I beleeve can neither be justified by your +Comision nor mine." "You say that his Majesty out of the knowledge of my +inability to govern did surrogate so able a man as Coll: Jeffreys to +supply my defects. I wish from my heart Coll: Jeffreys were as well +known to the King and Counsel as Sir William Berkeley is, for then the +difference would be quickly decided." The letter was addressed to the +"Right honorable Coll: Herbert Jeffreys, his Majesty's Lieutenant +Governor of Virginia", and was signed "William Berkeley, Governor of +Virginia till his most Sacred Majesty shall please to determine +otherwise".[803] + +In the meanwhile the letters of the commissioners, reporting Berkeley's +disobedience to the King's commands, had arrived in England. Charles was +angered, not only at his delay in surrendering the government, but also +at his presumption in disregarding the royal proclamation of pardon. +"You may well think," he wrote Berkeley, "we are not a little surprised +to understand that you make difficulty to yield obedience to our +commands, being so clear and plain that we thought no man could have +raised any dispute about them. Therefore ... we do ... command you +forthwith ... without further delay or excuse (to) repair unto our +Presence as We formerly required you."[804] + +Secretary Coventry wrote even more severely. We understand, he said, +that to the King's clear and positive orders for you to resign the +government to Colonel Jeffreys, "upon certain pretences which are no +wayes understood here, you have delayed at least if not refused +obedience.... His Majesty ... seemeth not a little surprised as well as +troubled to find a person that had for so many years served his Royal +Father and himself through ye worst of times with so unshaken a loyalty, +and so absolute obedience and resignation, should now at one time fall +into two such great errors as to affront his Proclamation by putting out +one of his owne at ye same time with his, and in that to exempt several +persons from pardon, which were by the King's owne Proclamation made +capable of Pardon; then after positive orders given for your immediate +return ... you yet stay there ... and continually dispute with his +Majesty's commissioners. I will assure you, Sir, his Majesty is very +sensible of these miscarriages, and hath very little hopes that ye +people of Virginia shall be brought to a right sense of their duty to +obey their Governours when the Governours themselves will not obey the +King. I pray you, Sir, ... take not councell from your owne nor any +other body's passion or resentment, to take upon you to judge either +conveniency or not conveniency of the King's orders, but obey them, and +come over; and whatever you have to say ... you will be heard at +large."[805] + +Even before these letters were written Sir William had left the colony. +He had embarked for England, May the fifth, in Captain Larrimore's +sturdy ship which had stood him in such good stead in the hour of +need.[806] But the old man, worn out by his violent passions and unusual +exertions, was physically unfit for the long voyage across the Atlantic. +He became very ill on shipboard, and reached England a dying man. "He +came here alive," wrote Secretary Coventry, "but so unlike to live that +it had been very inhumane to have troubled him with any +interrogacons."[807] The news of the King's displeasure at his conduct +added much to his suffering. He pleaded for an opportunity "to clear his +Innocency" even though the "tedious passage & griefe of mind" had +reduced him "to extreame weaknesse".[808] That Charles did not refuse +him this privilege is attested by a letter written to Berkeley by +Secretary Coventry. "I am commanded by his Majesty," he said, "to let +you know that his Majesty would speake with you as soone as you can, +because there are some ships now going to Virginia, and his Majesty +would see what further Instructions may be necessary to be sent by +them."[809] But Berkeley could not attend the King, either to give +information or to plead his own cause. His condition rapidly became +critical, and a few days later he died.[810] + +Hardly had Sir William breathed his last than Thomas Lord Culpeper +"kissed the King's hand as Governour".[811] This nobleman had received a +commission, July 8, 1675, which was to take effect immediately upon the +death, surrender or forfeiture of the office by Berkeley.[812] It had +never been Charles' intention that Colonel Jeffreys should remain +permanently at the head of the government of Virginia, and he now +notified him to prepare to surrender his office to the new +Governor.[813] The King, who felt that the unsettled condition of +Virginia required Culpeper's immediate presence, ordered him to depart +"with all speed", and told the colonists they might expect him by +Christmas "without fayle".[814] But this pampered lord, accustomed to +the luxury of the court, had no desire to be exiled in the wilderness of +the New World. By various excuses he succeeded in postponing his +departure for over two years, and it was not until the spring of 1680 +that he landed in Virginia.[815] Thus, for a while, Colonel Jeffreys was +left as the chief executive of the colony. + +In the meanwhile the commissioners, freed from the baleful presence of +the old Governor, were continuing their investigation into the causes of +the Rebellion. Berkeley had advised them, when they first announced +their mission, to carry out their work through the county courts.[816] +But they had refused to accept this plan. The justices were almost all +henchmen of Sir William, many were hated by the people and some were the +objects of their chief accusations. Had the investigation been intrusted +to their hands, they would most certainly have suppressed the principal +complaints.[817] The commissioners, therefore, appointed especial +officers in the counties to hear the people's grievances, draw them up +in writing and bring them in for presentation to the King.[818] Even +then the loyal party attempted, by intimidation, to prevent the commons +from explaining without reserve what had caused them to take up arms +against the government. Sir William, they were careful to report, would +most certainly return, and any that dared charge him or his friends with +corruption might expect the severest punishment.[819] But the +announcement by the commissioners that his Majesty himself had promised +his protection to all informants relieved the fears of the people and +many came forward with the story of their wrongs.[820] These seem to +have been faithfully drawn up by the officers and in time presented to +the King. + +The loyal party complained loudly that the commissioners used in this +matter none but the enemies of the Governor.[821] Lord John Berkeley +declared that they had sought information from such only as were known +"to be notorious actors in the rebellion".[822] But the commissioners +were undoubtedly right in insisting that all grievances should come from +those that had been aggrieved. They themselves, they declared, were not +responsible for the truth of the charges; their function was only to +receive and report them. The King had sent them to Virginia to make the +royal ear accessible to the humblest citizen. This could be done only by +brushing aside the usual channels of information and going directly to +the commons themselves. That some of the accusations were exaggerated or +even entirely false seems not improbable; many were undoubtedly true. +Posterity must accept them, not as the relation of established truth, +but as the charges of a defeated and exasperated party. + +In their work of investigation the commissioners found that they had +need of the records of the House of Burgesses. In April, 1677, after the +adjournment of the session at Green Spring, they came to Major Robert +Beverley, the clerk of the Assembly, and demanded "all the Originall +Journals, Orders, Acts", etc., then in his custody.[823] Beverley +required them to show their authority, and this they did, by giving him +a sight of that part of their commission which concerned his delivery +of the records.[824] He then offered to allow them to examine any of the +papers necessary to the investigation, but he refused absolutely to +relinquish their custody.[825] The commissioners, who distrusted +Beverley and perhaps feared that he might conceal the records, "took +them from him by violence".[826] + +When the Assembly met in October, 1677, the House of Burgesses sent a +vigorous protest to Colonel Jeffreys against these proceedings of the +commissioners. Their action, they declared, "we take to be a great +violation of our privileges". The power to command the records which the +commissioners claim to have received from the King, "this House humbly +suppose His Majesty would not grant or Comand, for that they find not +the same to have been practiced by any of the Kings of England in the +likewise.... The House do humbly pray your Honour ... will please to +give the House such satisfaction, that they may be assured no such +violation of their privileges shall be offered for the future."[827] + +When Charles II heard of this bold protest he was surprised and angered. +It seemed to him a "great presumption of ye said Assembly ... to call in +Question" his authority.[828] Referring their representation to the +Lords of Trade and Plantations, he directed them "to examine ye same, & +to Report" what they thought "fitt to be done in Vindication of ... +(the) Royall Authority, & for bringing the said Assembly to a due sence +& acknowledgement of their Duty & Submission".[829] The Lords gave it as +their opinion that the declaration was so "Seditious, even tending to +Rebellion", that the new Governor should be directed to rebuke the +Assembly and punish the "authors and abettors of this presumption".[830] +The King commanded Lord Culpeper to carry these recommendations into +effect. On the third of July, 1680, Culpeper brought the matter before +the Virginia Council, preparatory to delivering the rebuke. But the +Councillors made a vigorous defense of the action of the Assembly, and +unanimously advised the Governor to suspend the execution of the King's +command.[831] After some hesitation, Culpeper yielded, and the matter +was referred back to the Privy Council. Charles was finally induced to +rescind the order, but he insisted that all reference to the declaration +"be taken off the file and razed out of the books of Virginia".[832] + +The work of the commission being completed, Berry and Moryson, in July, +1677, sailed with the royal squadron for England.[833] Their report, +which was so damaging to the Virginia loyalists, was not allowed to go +unchallenged. Sir William Berkeley, upon his death bed, had told his +brother, Lord John Berkeley, of the hostility of the commissioners, and +charged him to defend his conduct and character. And Lord Berkeley, who +was a member of the Privy Council and a man of great influence, did his +best to refute their evidence and to discredit them before the +King.[834] Their entire report, he declared, was "a scandalous lible and +invective of Sir William ... and the royal party in Virginia".[835] His +brother's conduct had been always prudent and just, and it was +noticeable that not one private grievance had ever been brought against +him before this rebellion.[836] The meetings of Lord Berkeley with the +commissioners in the Council chamber were sometimes stormy. On one +occasion he told Berry, "with an angry voice and a Berklean look, ... +that he and Morryson had murdered his brother". "Sir John as sharply +returned again" that they had done nothing but what they "durst +justify".[837] + +As the other members of the Privy Council protected the commissioners, +and upheld their report, the attacks of the angry nobleman availed +nothing. Secretary Coventry averred that Berry and Moryson had been most +faithful in carrying out the King's directions, and he showed his +confidence in their honesty and their judgment by consulting them upon +all important matters relating to the colony.[838] And for a while, +their influence in shaping the policy of the Privy Council in regard to +Virginia was almost unlimited. + +Nor did they scruple to use this great power to avenge themselves upon +those men that had so antagonized them and hindered their investigation. +Robert Beverley they represented to the Privy Council as a man of low +education and mean parts, bred a vulgar seaman and utterly unfit for +high office.[839] Colonel Edward Hill was the most hated man in Charles +City county.[840] Ballard, Bray and some of the other Councillors were +rash and fiery, active in opposing the King's orders and unjust to the +poor people.[841] The Privy Council was so greatly influenced by these +representations that they determined to reconstruct the Virginia +Council, upon lines suggested by Berry and Moryson. Colonel Philip +Ludwell, Colonel Ballard and Colonel Bray were expressly excluded from +the Council, while Colonel Hill and Major Beverley as "men of evil fame +and behavior" were deprived of all governmental employment whatsoever, +and "declared unfit to serve His Majesty".[842] On the other hand, +Colonel Thomas Swann, who had been excluded from the Council by Governor +Berkeley, was now, for his kindness to the commissioners, restored to +his seat.[843] + +The departure of Sir William Berkeley by no means ended the opposition +to Colonel Jeffreys. A part of the Council, realizing that continued +hostility could result only in harm to themselves, made their peace with +the new administration, and were received into favor, but the more +violent of the loyal party remained defiant and abusive. Philip Ludwell, +Beverley, Hill, Ballard and others openly denounced Jeffreys as a +weakling, entirely unsuited for the important office he now occupied, +and did their best to render him unpopular with the people.[844] The +Lieutenant-Governor retaliated with considerable spirit, depriving some +of their lucrative offices, and suspending others from the Council. +Ludwell, whose conduct had been especially obnoxious, was ousted from +the collectorship of York River.[845] Ballard was expelled from a +similar office.[846] And many months before the changes in the Council +ordered by the English government became known in Virginia, no less than +six of the most active loyalists had been suspended by the +Lieutenant-Governor.[847] + +But events soon took a more favorable turn for the Berkeley party. The +departure of Berry and Moryson deprived Jeffreys of his staunchest +friends and advisors. And, before the end of the summer, he was +prostrated by the Virginia sickness, which was still deadly to those +unaccustomed to the climate of the colony. For several months he was too +ill to attend properly to his duties or to resist the machinations of +his enemies, and the government fell into the hands of the Council.[848] +And since this body, despite its pretended support of the +Lieutenant-Governor, was at heart in full sympathy with Beverley and +Ludwell and the other loyalists, the policy of the administration was +once more changed. The work of extortion was actively resumed and the +courts again busied themselves with suits against the former +rebels.[849] + +But consternation seized the Green Spring faction, as the loyalists were +now called, upon the arrival of the King's order, annulling Berkeley's +proclamation of February 10, 1677, and reaffirming the general +pardon.[850] If this command were put into effect, most of the +confiscations secured since the Rebellion, would become illegal, and +restitution would have to be made. So desperately opposed to this were +the loyalists that they resolved to suppress the King's letter. They +believed that it had been obtained by the influence of the +commissioners, and this, they hoped, would soon be rendered nugatory by +the presence at court of Sir William Berkeley. If they could keep the +order secret for a few weeks, new instructions, dictated by the +Governor, might arrive to render its execution unnecessary. Colonel +Jeffreys protested against their disobedience, but he was too weak to +oppose the will of the Council.[851] So, for six weeks, his Majesty's +grace "was unknown to ye poore Inhabitants", while the innumerable suits +and prosecutions were pushed vigorously. Not until October the +twenty-sixth, when all hope of its revocation had been dispelled by +fresh information from England, did the Council consent to the +publication of the letter.[852] + +In September, 1677, writs were issued for an election of Burgesses.[853] +Had Jeffreys not been ill, he would perhaps have refused to allow a new +session of the Assembly. The contest at the polls could but result in a +victory for the Green Spring faction, as the electoral machinery was in +their hands. The Lieutenant-Governor, although he had removed some of +the higher colonial officials, had made few changes in the personnel of +the county courts.[854] The sheriffs, by resorting to the old methods, +made sure of the election of most of the nominees of the loyal party. +Complaints came from James City county, New Kent county and other places +that intimidation and fraud had been used to deprive the people of a +fair election.[855] If we may believe the testimony of William Sherwood, +the Berkeley faction carried things with a high hand. "The Inhabitants +of James City County," he wrote, "did unanimously elect me a Burgess ... +but several of my professed enemies ... procured another writt for a new +election, with a positive command not to choose me. The people then +being under amazement consented to whome soever the Sheriffe would +returne, & so my enemies to make their party the stronger in ye house +... causd three Burgesses to serve for James City County."[856] + +"By this means," wrote Colonel Daniel Parke, "and by persuading the +burgesses that Sir William Berkeley was coming in Governour again, (the +loyal party) got all confirmed that was done at the Assembly before held +at Greene Spring."[857] In order to compensate themselves for their +great losses and to fulfil the promises made by Berkeley to his +followers during the Rebellion, they levied a tax upon the people of +one hundred and ten pounds of tobacco per poll. "This with the county +tax and parish tax," said Parke, "is in some counties 250lbs, in some +300, and in some 400lbs, which falls very heavie upon the poorer +people." The county grievances were again rejected by the Burgesses as +false and scandalous, and the persons presenting them were severely +punished.[858] But the Assembly expressed an earnest desire to bring +about a reconciliation between the hostile factions in the colony, and +prescribed a heavy penalty for the use of such opprobrious epithets as +"traytor, Rebell Rougue, Rebell", etc.[859] + +The news of Berkeley's death was a severe blow to the Green Spring +party. All the hope they had entertained that he would accomplish the +overthrow of the work of the commissioners, at once fell to the ground. +But they were somewhat consoled by the appointment of Lord Culpeper. +This nobleman was related to Lady Berkeley, and they had good reason to +believe he would reverse the policy of the present administration and +ally himself with the loyalists.[860] + +In the meanwhile the Lieutenant-Governor was regaining his health and +spirits, and was taking a more active part in public affairs. He had +been deeply angered with Colonel Philip Ludwell for his many insults, +and he now determined to prosecute him "for scandalizing the Governor, +and abusing the Authority of his Majesty".[861] Ludwell's unpardonable +crime, it would seem, consisted in calling Jeffreys "a pitiful little +Fellow with a perriwig".[862] He had also been heard to say that the +Lieutenant-Governor was "a worse Rebel than Bacon", that he had broken +the laws of Virginia, that he had perjured himself, that he "was not +worth a Groat in England". Nor was it considered a sufficient excuse +that Ludwell had made those remarks immediately after consuming "part of +a Flaggon of Syder".[863] The jury found him guilty of "scandalizing the +Governor", but acquitted him of any intention of abusing his Majesty's +authority. The General Court, upon the motion of Colonel Jeffreys, +referred the case to the King and Privy Council, that they might "advise +a punishment proportionable to the offence".[864] Against this decision +the defendant, as he had an undoubted right to do, appealed to the +General Assembly. Ludwell felt, no doubt, that should the appeal be +allowed, his great influence in the House of Burgesses would secure him +a light sentence. But the court declared the case so unprecedented that +the whole matter, including the question of appeal, must be decided by +the King. + +With the return of hot weather, Colonel Jeffreys, not yet being +acclimated, or "seasoned", as the Virginians expressed it, again became +seriously ill.[865] The Council elected a president to act in his place +and once more assumed control of the administration.[866] The Green +Spring faction, whom only the Lieutenant-Governor could restrain, again +lifted its head and endeavored "to continue their old exactions & +abuses".[867] Feeling, perhaps, a sense of security in their remoteness +from the King, which made it impossible for him to watch their actions +closely, or to mete out to them prompt punishment, they still +disregarded his pardon and his reiterated commands.[868] "The colony +would be as peaceful as could be wished," wrote William Sherwood in +August, 1678, "except for the malice of some discontented persons of the +late Governor's party, who endeavour by all ye cunning contrivances that +by their artifice can be brought about, to bring a Contempt of Colonel +Jeffreys, our present good Governor.... Those persons who are the +troublers of the peace ... are ... Lady Berkeley, Colonel Philip +Ludwell, Colonel Thomas Ballard, Colonel Edward Hill, Major Robert +Beverley, all of which are cherished by Mr. Secretary Ludwell (who acts +severely.) It is to be feared, unless these fiery Spiritts are allayed +or removed home, there will not be that settled, happy peace and unity +which otherwise might be, for they are entered into a faction, which is +upheld by the expectation of my Lord Culpeper's doing mighty things for +them & their interest."[869] + +Colonel Jeffreys died in November, 1678.[870] It was the fortune of this +Governor to come to the colony in one of the greatest crises of its +history. Had he been a man of ability and firmness he could have +rendered the people services of great value. He might have put an end to +the reign of terror inaugurated by Berkeley, prevented the unending law +suits, confiscations and compositions, reorganized the county courts and +assured to the people a fair election of Burgesses. He seems to have +wished to rule justly and well, but he was too weak to quell the strife +between the rival factions and bring quiet to the distracted colony. + +So bitter was the loyal party against Colonel Jeffreys, that after his +death they sought to revenge themselves upon his widow. The +Lieutenant-Governor had received no part of his salary from March, 1678, +to the day of his death, and had, as a result, incurred considerable +debt. As Mrs. Jeffreys was unable to meet all her husband's obligations, +she was detained in Virginia, and, according to one account, thrown into +prison.[871] "'Tis plain," she wrote Secretary Coventry, +"they seek my Life in malice to my husband, though none of them can tax +him with any injustice.... I cannot hope to outlive this persecution, +but I most humbly beseech you to intercede for me to his Majesty, that +my child may not be ruined."[872] Mrs. Jeffreys later received the +arrears due her husband, and was thus enabled to free herself from the +power of her enemies.[873] + +Upon the death of Colonel Jeffreys, Sir Henry Chicheley, by virtue of a +commission granted in 1674, assumed control of the government.[874] The +new Governor had long served with distinction in the Council, and seems +to have been a "most loyal, worthy person and deservedly beloved by the +whole country".[875] But he was now too "old, sickly and crazy" to +govern the colony with the vigor and firmness that were so greatly +needed.[876] During the eighteen months of his administration the people +were "not reconciled to one another", and "ill blood" only too often was +manifested by both factions.[877] + +Sir Henry had himself been a severe sufferer by the Rebellion. He had +fallen into Bacon's hands and had even, it would seem, been threatened +with death, in retaliation for Berkeley's execution of Captain Carver. +Yet he attempted to rule impartially and well. Writs were issued in the +spring of 1679 for an election of Burgesses, and the people were +protected from intimidation at the polls. The Assembly, as a result, +showed itself more sane, more sensitive to the wishes of the commons, +than had been either of the sessions of 1677.[878] Several laws were +enacted redressing some of the most flagrant evils of the old +governmental system of Berkeley. The voters of each parish were +empowered to elect two men "to sitt in the severall county courts and +have their equall votes with the severall justices for the makeing of by +lawes".[879] An act was passed putting a limit upon the excessive fees +charged by the collectors of the customs.[880] And the clamor of the +loyalists for the payment of their claims upon the treasury were +unheeded, and all public debts were referred for settlement to the next +session.[881] + +Chicheley's administration came temporarily to an end with the arrival +of Lord Culpeper. The period from the close of the Rebellion to May, +1680, when the new Governor-General took the oath of office, seems, at +first sight, characterized only by confusion and disaster. The violent +animosities, the uncertainty of property rights, the lack of a firm and +settled government kept the people in constant uneasiness and +discontent. The numerous banishments and executions had deprived the +colony of some of its most intelligent and useful citizens, while the +plundering of both parties during the Rebellion, and the numberless +forfeitures that followed the establishment of peace, had reduced many +men to poverty. Nor had the most pressing of the grievances that had +caused the people to rise against the government been redressed. The +Navigation Acts were still in force, the commons were yet excluded from +their rightful share in the government, the taxes were more oppressive +than ever. + +Yet amid the melancholy confusion of the times, important changes for +the better were taking place. Never again was an English Governor to +exercise the despotic power that had been Sir William Berkeley's. This +was not due to the greater leniency of the British government, or to +lack of ambition in the later Governors. But the Rebellion and the +events following it, had weakened the loyalty of the people and shown +them the possibility of resisting the King's commands. The commons, +angered at the severity of the punishment inflicted upon the rebel +leaders, and disappointed in the royal promise that their grievances +should be redressed, regarded the government with sullen hostility. The +wealthy planters resented what they considered Charles' ingratitude for +their loyal support in the hour of need, and complained bitterly of his +interference with their attempts to restore their ruined fortunes. +Throughout Berkeley's administration their interests had seemed to be +identical with those of the Governor, and they had ever worked in +harmony with him. With the advent of Colonel Jeffreys, however, they had +been thrown into violent opposition to the executive. Their success in +thwarting the policies of the Lieutenant-Governor, and in evading and +disobeying the King's commands gave them a keen appreciation of their +own influence and power. They were to become more and more impatient of +the control of the Governors, more and more prone to defy the commands +of the English government. + +The awakened spirit of resistance bore rich fruit for the cause of +liberty. The chief difficulty heretofore experienced by the commons in +defending their rights was the lack of intelligent and forceful leaders. +These they now secured through the frequent quarrels of the wealthy +planters with the Governors. More than once Councillors, suspended from +their seats for disobedience, came forward as leaders in the struggle to +preserve the rights of the people. In this capacity they rendered +services of the highest importance. Strangely enough some of the leading +spirits of the old Berkeley party became, by their continued opposition +to the executive, champions of representative government in the colony. +Had it not been for the active leadership of Robert Beverley and Philip +Ludwell the cause of liberty might well have perished under the +assaults of Charles II and James II. + +The House of Burgesses was gradually becoming more representative of the +people. The intimidation of voters practiced by the loyal party +immediately after the Rebellion could not be continued indefinitely. As +the terror inspired by Berkeley's revenge upon the rebels began to wane, +the commons insisted more upon following their own inclinations at the +polls. Moreover, the incessant quarrels of the Governors with the +members of the aristocracy made it impossible for any clique to control +again the electoral machinery. As the sheriffs and justices were no +longer so closely allied with the executive as they had been in the +Restoration period, false returns of Burgesses and other electoral +frauds were apt to be of less frequent occurrence. + +Thus, during the years immediately following the Rebellion, forces were +shaping themselves which were to make it possible for the colony to +resist those encroachments of the Crown upon its liberties that marked +the last decade of the rule of the Stuart kings, and to pass safely +through what may well be called the Critical Period of Virginia +history. + +FOOTNOTES: + +[720] P. R. O., CO389.6-177. + +[721] Ibid. + +[722] The commission had consisted at first of Sir John Berry, Colonel +Francis Moryson and Thomas Fairfax. P. R. O., CO1-37-53. + +[723] P. R. O., CO389.6-113, 174. + +[724] P. R. O., CO389.6-113. + +[725] P. R. O., CO389.6-121, 174, 175. + +[726] P. R. O., CO389.6-113. + +[727] P. R. O., CO389.6-137, 139, 140, 144; CO1-38-7. + +[728] P. R. O., CO389.6-116. + +[729] P. R. O., CO5-1371-149, 154. + +[730] P. R. O., CO1-40-110; CO5-1371-27, 33, 62, 63, 64. + +[731] P. R. O., CO1-39-11, 17; CO5-1371-68, 69, 62, 63, 64, 78, 79, 81, +82, 132. + +[732] P. R. O., CO5-1371-152. + +[733] P. R. O., CO5-1371-132. + +[734] CO1-40-1 to 37; CO1-40-43; CO5-1371-81, 82. + +[735] P. R. O., CO1-40-23. + +[736] P. R. O., CO5-1371-27, 33. + +[737] P. R. O., CO1-39-38. + +[738] P. R. O., CO5-1371-17, 20. + +[739] Ibid. + +[740] P. R. O., CO5-1371-27, 33. + +[741] Ibid. + +[742] P. R. O., CO5-1371-55, 60. + +[743] P. R. O., CO5-1371-90, 94. + +[744] P. R. O., CO391.2-173, 178. + +[745] P. R. O., CO5-1371-90, 94. + +[746] P. R. O., CO5-1371-83, 85, 90, 94. + +[747] P. R. O., CO289.6-121. + +[748] P. R. O., CO5-1371-50, 83. + +[749] P. R. O., CO5-1371-93, 94. + +[750] P. R. O., CO1-40-88. + +[751] P. R. O., CO1-39-24. + +[752] P. R. O., CO5-1371-32. + +[753] P. R. O., CO5-1371-55, 60. + +[754] P. R. O., CO5-1371-32, 38. + +[755] P. R. O., CO5-1371-276, 286. + +[756] This Thomas Mathews was probably the author of the T. M. account +of Bacon's Rebellion. + +[757] P. R. O., CO2-39-31; CO5-1371-276, 286. + +[758] P. R. O., CO5-1371-125, 127. + +[759] P. R. O., CO1-39-38; CO1-41-79. + +[760] T. M., p. 24. + +[761] P. R. O., CO1-39-35; Hen., Vol. II, p. 550. + +[762] P. R. O., CO1-39-35; Hen., Vol. II, p. 553. + +[763] P. R. O., CO5-1371-152. + +[764] P. R. O., CO5-1371-178, 179. + +[765] P. R. O., CO5-1371-180, 181. + +[766] P. R. O., CO1-45-3. + +[767] P. R. O., CO5-1371-152. + +[768] P. R. O., CO5-1371-152; Hen., Vol. II, p. 550. + +[769] P. R. O., CO5-1371-32, 152. + +[770] P. R. O., CO5-1371-152. + +[771] P. R. O., CO5-1371-152. + +[772] P. R. O., CO1-40-88. + +[773] P. R. O., CO5-1371-132. + +[774] P. R. O., CO5-1371-32. + +[775] P. R. O., CO1-39-35. + +[776] P. R. O., CO1-40-43. + +[777] P. R. O., CO1-40-73, 106. + +[778] P. R. O., CO1-40-114. + +[779] P. R. O., CO1-39-35. + +[780] P. R. O., CO1-39-35. + +[781] P. R. O., CO5-1371-168 to 175; CO1-39-35. + +[782] P. R. O., CO1-39-38. + +[783] P. R. O., CO1-39-38. + +[784] P. R. O., CO1-39-39. + +[785] P. R. O., CO1-39-38. + +[786] P. R. O., CO1-39-38. + +[787] P. R. O., CO5-1371-39 to 44. + +[788] P. R. O., CO5-1371-132. + +[789] P. R. O., CO5-1371-182, 187 + +[790] P. R. O., CO5-1371-193 to 198. + +[791] P. R. O., CO5-1371-208 to 211 + +[792] P. R. O., CO5-1371-212, 213. + +[793] P. R. O., CO5-1371-220, 231. + +[794] P. R. O., CO5-1371-220, 231. + +[795] P. R. O., CO5-1371-212, 213. + +[796] P. R. O., CO5-1371-220, 231. + +[797] P. R. O., CO5-1371-220, 231. + +[798] Probably the real postilion. + +[799] P. R. O., CO5-1371-214 to 217. + +[800] This proclamation was issued April 27, 1677. P. R. O., CO1-40-53. + +[801] P. R. O., CO1-41-121; CO1-42-23. + +[802] P. R. O., CO1-40-53. + +[803] P. R. O., CO1-40-54. + +[804] This letter was written May 13, 1677. + +[805] P. R. O., CO389.6-195 to 198. + +[806] P. R. O., CO1-40-88. + +[807] P. R. O., CO389.6. + +[808] P. R. O., CO1-40-110. + +[809] P. R. O., CO389.6-207. + +[810] P. R. O., CO389.6-210. + +[811] P. R. O., CO389.6-212. + +[812] P. R. O., CO5-1355-299; CO389.6-271 to 273. + +[813] P. R. O., CO389.6-210, 215. + +[814] P. R. O., CO389.6-210. + +[815] P. R. O., CO5-1355-377. + +[816] P. R. O., CO5-1371-45. + +[817] Nothing can show this more clearly than the reception in the +Assembly, which was largely composed of justices of the peace, of the +county grievances. + +[818] P. R. O., CO391.2-180. + +[819] P. R. O., CO5-1371-132. + +[820] P. R. O., CO5-1371-132. + +[821] P. R. O., CO391.2-180; Burk, Vol. II, pp. 259, 260. + +[822] P. R. O., CO391.2-173 to 178; Burk, Vol. II, p. 260. + +[823] P. R. O., CO1-41-87. + +[824] P. R. O., CO1-42-138. + +[825] P. R. O., CO5-1376-273. + +[826] P. R. O., CO5-1376-273. + +[827] P. R. O., CO1-41-87. + +[828] P. R. O., CO1-42-141. + +[829] P. R. O., CO1-42-141. + +[830] P. R. O., CO391.2-300, 301. + +[831] P. R. O., CO5-1355-354. + +[832] Sains., Vol. XVIII, p. 129. + +[833] P. R. O., CO1-41-17. + +[834] Burk, Vol. II, p. 263. + +[835] Burk, Vol. II, p. 259; P. R. O., CO391.2-180. + +[836] Burk, Vol. II, p. 264. + +[837] Burk, Vol. II, p. 266. + +[838] P. R. O., CO391.2-180. + +[839] P. R. O., CO1-41-121. Major Beverley was of good family. His +military leadership in Bacon's Rebellion, and his services as clerk of +the Assembly, testify to his ability. Va. Mag., Vol. II, p. 405. + +[840] P. R. O., CO1-41-121. + +[841] P. R. O., CO391.2-173 to 178. + +[842] P. R. O., C039I.2-305. + +[843] P. R. O., CO391.2-173 to 178. + +[844] P. R. O., CO1-41-138; CO1-42-117. + +[845] Va. Mag., Vol. XVIII, p. 18; P. R. O., CO1-42-55. + +[846] Sains., Vol. XVII, p. 19. + +[847] P. R. O., CO1-41-121. + +[848] P. R. O., CO1-42-17.1, 23. + +[849] P. R. O., CO1-42-23. + +[850] P. R. O., CO1-42-17.1, 23. + +[851] P. R. O., CO1-42-17.1, 23. + +[852] P. R. O., CO1-42-17.1. + +[853] P. R. O., CO1-42-23. + +[854] P. R. O., CO1-42-23. + +[855] P. R. O., CO1-42-17.1. + +[856] P. R. O., CO1-42-23. + +[857] P. R. O., CO1-42-17.1. + +[858] P. R. O., CO5-1376. + +[859] P. R. O., CO5-1376. + +[860] P. R. O., CO1-42-55; Va. Mag., Vol. II, p. 408. + +[861] Va. Mag., Vol. XVIII, p. 20. + +[862] Va. Mag., Vol. XVIII, p. 12. + +[863] Va. Mag., Vol. XVIII, p. 11. + +[864] Va. Mag., Vol. XVIII, p. 23. + +[865] P. R. O., CO1-42-103. + +[866] Va. Mag., Vol. IX, p. 307. + +[867] P. R. O., CO1-42-103. + +[868] P. R. O., CO1-42-107. + +[869] P. R. O., CO1-42-117. + +[870] Va. Mag., Vol. IX, p. 307. + +[871] P. R. O., CO5-1355-304, 305, 309. + +[872] P. R. O., CO5-1355-305. + +[873] P. R. O., CO5-1355-370. + +[874] Va. Mag., Vol. IX, p. 307. + +[875] P. R. O., CO1-41-121. + +[876] Sains., Vol. XVII, p. 230. + +[877] Sains., Vol. XVII, p. 230. + +[878] Hen., Vol. II, p. 433. + +[879] Hen., Vol. II, p. 441. + +[880] Hen., Vol. II, p. 443. + +[881] Hen., Vol. II, p. 456. + + + + +CHAPTER VIII + +THE CRITICAL PERIOD + + +For some years after the Restoration the administration of English +colonial affairs had been very lax. The Council of Plantations, which +had served as a Colonial Office during the period from 1660 to 1672, had +done little to control the Governors or to supervise and direct their +policies. With the exception of one list of questions sent to Virginia +in 1670, they had left Sir William Berkeley almost entirely to his own +devices. September 27, 1672, the Council of Plantations was united with +the Board of Domestic Trade to form the Council of Trade and +Plantations. This new arrangement seems not to have been productive of +good results, for in December, 1674, after the fall of the Cabal +ministry, it was discontinued and the direction of colonial affairs +entrusted to the King's Privy Council. This important body, finding its +new duties very onerous, created a committee of twenty-one members, to +whom the supervision of trade and plantations was assigned. In this way +the King's most trusted ministers were brought into close touch with +colonial affairs. We find now such prominent statesmen as Secretary +Coventry, Secretary Williamson and Sir Lionel Jenkins carrying on +extensive correspondence with the Governors, becoming interested in all +their problems and needs, and demanding copies of all journals of +Assembly and other state papers.[882] + +This closer intimacy with the colonial governments led inevitably to a +feeling of intolerance for local autonomy and for representative +institutions, and to a determination to force upon the colonists a +conformity with the policies and desires of the English government. +Charles II and James II, instituted, in the decade preceding the English +Revolution, a series of measures designed to curb the independence of +the colonists. Some of the Assembly's long-established and most +important rights were attacked. Many of its statutes were annulled by +proclamation; its judicial powers were forever abolished; its control +over taxation and expenditure was threatened; the privilege of selecting +the Assembly clerk was taken from it; while even the right to initiate +legislation was assailed. + +The intolerant mood of the King and Privy Council is reflected in the +instructions given Lord Culpeper upon his departure for Virginia. They +included orders depriving him of the power, exercised freely by all +former Governors, of calling sessions of the Assembly. "It is Our Will +and pleasure," Charles declared, "that for the future noe General +Assembly be called without Our special directions, but that, upon +occasion, you doe acquaint us by letter, with the necessity of calling +such an Assembly, and pray Our consent, and directions for their +meeting."[883] + +Even more dangerous to the liberties of the people was the attempt to +deprive the Assembly of the right to initiate legislation. "You shall +transmit unto us," Culpeper was commanded, "with the advice and consent +of the Council, a draught of such Acts, as you shall think fit and +necessary to bee passed, that wee may take the same into Our +consideration, and return them in the forme wee shall think fit they bee +enacted in. And, upon receipt of Our commands, you shall then summon an +Assembly, and propose the said Laws for their consent."[884] + +Most fortunately neither of these instructions could be enforced. The +great distance of England from Virginia, and the time required to +communicate with the King, made the summoning of the Assembly and the +initiation of legislation without the royal assent a matter of absolute +necessity. Lord Culpeper, with his Majesty's especial permission, +disregarded these orders during his first visit to the colony, and +later, to his great satisfaction, the Committee of Trade and Plantations +"altered their measures therein".[885] + +Culpeper was directed to secure in the colony a permanent revenue for +the King. It was rightly judged that the representatives of royal +authority could never be entirely masters of the government while they +were dependent for their salaries upon the votes of the Assembly. Sir +William Berkeley, it is true, had rendered his position secure by +obliging all "the men of parts and estates", but similar methods might +be impossible for other Governors. The King and Privy Council did not, +however, attempt to raise the desired revenue by imposing a tax upon the +people without their own consent. An act levying a duty of two shillings +a hogshead upon all tobacco exported from Virginia was drawn up by the +Attorney-General for ratification by the Assembly.[886] The consent of +the King in Council was duly received and the bill, with an act +concerning naturalization and another for a general pardon, were sent to +Virginia by Lord Culpeper. "These bills," the King told him, "we have +caused to be under the Greate Seale of England, and our will is that the +same ... you shall cause to be considered and treated upon in our +Assembly of Virginia."[887] + +The revenue bill was quite similar to an act of Assembly still in force, +which had imposed a duty upon exported tobacco, but an all-important +difference lay in the disposal of the funds thus raised. The former +statute had given the proceeds of this tax to the Assembly, "for the +defraying the publique necessary charges",[888] but the new act was to +grant the money "to the King's most excellent Majesty his heires and +Successors for ever to and for the better support of the +Government".[889] + +In order to carry out these new designs for the government of the +colony, the King ordered Lord Culpeper to prepare to sail at once. The +Governor, however, was most reluctant to leave the pleasures of the +court for a life in the American wilderness. His departure had already +been long delayed, more than two years having elapsed since Charles had +told the colonists to expect his speedy arrival. Yet he still delayed +and procrastinated. On the third of December, 1679, an order was issued +giving his Lordship "liberty to stay in Towne about his affaires until +Monday next, and noe longer, and then to proceed forthwith" to the +Downs, where "the Oxford frigat" was waiting to convey him to +Virginia.[890] But as he still lingered in London, the Captain of the +frigate was ordered to sail up the Thames to take him on board.[891] No +sooner had he left his moorings, however, than Culpeper, probably in +order to gain time, hastened away to the Downs. This so aroused the +King's anger that he was pleased to direct one of his principal +secretaries to signify by letter to Lord Culpeper his high displeasure +at his delay and neglect of duty, and that his intentions were to +appoint another Governor of Virginia unless he embarked as soon as the +frigate returned to the Downs.[892] But now adverse winds set in, and +Culpeper, with the tobacco fleet which had waited for him, was unable to +sail until February 13, 1680.[893] + +He arrived off the capes May the second, and eight days later took +formal possession of his government. Immediately the Councillors and +other leading planters flocked around him, eager to secure his support +against the old rebellious party. Nor was their presentation of their +cause ineffectual in winning the Governor's sympathy. "All things," he +wrote Secretary Coventry, "are ... far otherwise than I supposed in +England, and I beleeve ye Council, at least I have seen through a +mist."[894] It was to be expected then, that in settling the dispute +that had so long troubled the colony he would favor the Berkeley +faction. And this, so far as the King's commands would permit, he seems +to have done. The wealthy planters expressed their satisfaction with his +measures, and the commons, if they disapproved, feared to reveal their +resentment. "His Excellency," wrote Colonel Spencer, "has with soe great +prudence settled all the Affairs of the Country that our late different +Interests are perfectly united to the general satisfaction of all his +Majesty's Subjects in this colony."[895] + +The Berkeley party was deeply displeased at the King's command to +exclude Colonel Philip Ludwell from the Council. Recognizing in the +order the influence of Colonel Jeffreys and the other commissioners, +they assured the Governor that it had been secured by false +representations. The Councillors declared "that they were very sencible +of ye want of that Assistance they for many Years" had had from Colonel +Ludwell, "whose good abilities, Knowne Integrity and approved Loyalty" +rendered him most necessary to his Majesty's service. They therefore +earnestly requested "his Excellency to Readmitt & Receive him to be one +of ye Councill".[896] Culpeper yielded readily, and Ludwell was restored +to his seat. + +The Burgesses were chagrined at the order to oust Major Robert Beverley +from all public employment. He was again the clerk of Assembly, for +which office he was "their Unanimous Choyce", and his disgrace was +regarded as a rebuke to the House.[897] Upon their earnest petition +Culpeper consented that he should retain that important post in which he +was soon to render signal service to the people and to incur again the +anger of the King and his ministers.[898] + +When the Assembly convened the Governor at once laid before it the Act +of General Pardon, the Act of Naturalization and the Act for a Public +Revenue. To the first and the second he obtained a prompt assent, but +the third was strenuously resisted. The House of Burgesses was filled +with gentlemen of the best families, men closely allied with the Council +in position and interest, yet they were unwilling to permit any part of +the public revenue to pass out of the control of the people.[899] "The +House," they declared, "doe most humbly desire to be Excused if they doe +not give their approbacon of his Majesties bill."[900] And so determined +were they, that when the matter was again brought before them by the +Governor they refused even to resume the debate.[901] + +But Culpeper, fearful of the King's displeasure, and uneasy for the +payment of his own salary, made strenuous efforts to secure the passage +of the bill. He did not scruple to resort to bribery and intimidation to +force obedience from the stubborn Burgesses. We have the testimony of +the Governor himself to one notorious case of the misuse of the +patronage. Among the leaders of the House of Burgesses was Isaac +Allerton, a man of wealth and education, and an excellent speaker.[902] +"He did assure me," Culpeper reported to the Privy Council, "of his +utmost services in whatsoever the King should command him by his +Governor, particularly as to a further Bill of Revenue for the support +of ye Government, And I did engage to move his Majesty that hee should +bee of the Council ... though not to be declared till after the Session +of next Assembly, when I am sure he can bee as serviceable if not more +than any other person whatsoever."[903] This bargain was faithfully kept +and in time Allerton, for thus betraying his trust, received his seat in +the Council.[904] + +Nor did Lord Culpeper hesitate to intimidate the Burgesses by +threatening to demand the payment of all arrears of quit-rents. This +tax, although belonging to the King from the first settlement of the +colony, had not, for many years, been duly collected. It was now +rumored, however, that the Privy Council intended, not only to enforce +for the future a strict payment, but to demand a settlement for the +accumulated arrears. In 1679 Sir Henry Chicheley had forwarded to his +Majesty a petition from the Assembly asking relief from this great +burden. If this be not granted, he wrote, the payments which have been +so long due and amount to so vast a sum, will fall heavily upon all, but +especially upon the poor.[905] Culpeper, knowing well the anxiety of the +Burgesses upon this point, told them that if they expected the King to +grant their petition, they must yield to his desire for a royal revenue +in the colony. + +Calling the Assembly before him, he urged them to resume their debate. +"It looks," he said, "as if you could give noe reasons or as if you were +affraid to be convinced.... I desire you to lay aside that irregular +proceeding ... and resume the debate." The Council, he added, had given +their unanimous consent to the bill. "Consider the affaires of the Quitt +Rents, Consider the King's favour in every thing you may aske even to a +cessacon ... and reflect if it be tante for you not to concurr in a +thing that, I am assured, ye King ... judges his owne and will soe use +it and the more fully then if this Act pass."[906] + +Thus threatened, the Burgesses finally yielded, and the bill became law. +But they insisted upon adding to it two provisos: that the former export +duty upon tobacco be repealed, and that the exemption of Virginia ship +owners from the payment of the tax, which had been a provision of the +former law, should be continued.[907] When some months later the matter +came before the Committee of Trade and Plantations, their Lordships +expressed much dissatisfaction at these amendments, declaring that the +bill should have passed "in Terminis". Since, however, the first proviso +in no way changed the sense of the act, and had been added only to +prevent a double imposition, they recommended that it should be +continued. But the second was declared null and void by order of the +King, as "irregular and unfit to be allowed of".[908] + +Lord Culpeper, immediately after the dismissal of the Assembly made +ready to return to England. August 3, 1680, he read to the Council an +order from the King granting him permission to leave the colony, and a +few days later he set sail in _The James_.[909] The government was again +left in the hands of the infirm Chicheley.[910] + +Culpeper, upon his arrival in England, told the King that all was well +in the colony, that the old contentions had been forgotten, and the +people were happy and prosperous. But this favorable report, which was +made by the Governor to palliate his desertion of his post, was far from +being true. There was, as he well knew, a deep-seated cause of +discontent in Virginia, that threatened constantly to drive the people +again into mutiny and disorder. This was the continued low price of +tobacco. In the years which had elapsed since Bacon's Rebellion, the +people, despite their bitter quarrels, had produced several large crops, +and the English market was again glutted. "What doth quite overwhelm +both us and Maryland," complained the colonists, "is the extreme low +price of our only commodity ... and consequently our vast poverty and +infinite necessity."[911] The Burgesses, in 1682, spoke of the +worthlessness of tobacco as an "ineffable Calamity". "Wee are," they +said, "noe wayes able to force a miserable subsistance from the same.... +If force of penne, witt, or words Could truely represent (our condition) +as it is, the sad resentments would force blood from any Christian +Loyall Subjects heart."[912] Some months later the Council wrote, "The +people of Virginia are generally, some few excepted, extremely poor, ... +not being able to provide against the pressing necessities of their +families."[913] That the Privy Council was aware, as early as October, +1681, that these conditions might lead to another insurrection, is +attested by a letter of the Committee of Trade and Plantations to Lord +Culpeper. "We are informed," they wrote, "that Virginia is in great +danger of disturbance ... by reason of the extreme poverty of the +People, occasioned by the low price of tobacco which, tis feared may +induce the servants to plunder the Stores of the Planters and the Ships +arriving there and to commit other outrages and disorders as in the late +Rebellion."[914] + +This universal distress created a strong sentiment throughout the colony +in favor of governmental restriction upon the planting of tobacco. +Unless something were done to limit the annual crop, prices would +continue to decline. Many merchants, who had bought up large quantities +of tobacco in England with the expectation that its value would +eventually rise, "fell to insinuate with the easiest sort People how +advantageous it would bee ... if an Act of Assembly could be procured to +cease planting tobacco for one whole year".[915] When, in the spring of +1682, it became apparent that another large crop must be expected, an +almost universal demand arose for the immediate convening of the +Assembly for the passage of a law of cessation. + +The Councillors, although themselves in favor of some restraint upon the +huge output, advised the aged Deputy-Governor not to consent to a +session at this juncture.[916] But Chicheley, persuaded, it was claimed, +by the insistent arguments of Major Beverley, yielded to the desires of +the people, and upon his own responsibility, issued writs summoning the +Burgesses to convene at Jamestown, April 18, 1682.[917] Five days before +the date of meeting, however, a letter arrived from the King, expressly +forbidding an Assembly until November the tenth, when, it was hoped, +Lord Culpeper would have returned to his government.[918] The letter +also informed the Deputy-Governor that two companies of troops that had +remained in Virginia ever since the Rebellion, could no longer be +maintained at the expense of the royal Exchequer. Since many of the +Burgesses were already on their way to Jamestown, Sir Henry decided to +hold a brief session, in order to permit them, if they so desired, to +continue the companies at the charge of the colony.[919] But he +expressed his determination, in obedience to the King's commands, to +forbid the consideration of any other matter whatsoever. + +The Burgesses met "big with expectation to enact a Cessation".[920] The +appeals of their constituents and the smart of their own purses made +them desperately resolute to give the country relief from the present +depressing conditions. When they learned that after all their session +was to be in vain, and that they were to be allowed to vote only on the +matter of continuing the companies, they were deeply concerned and +angered. Addressing the Deputy Governor, they declared themselves +overwhelmed with grief at the expectation of adjournment. They had, from +all parts of the drooping country, passionately wended their way to +Jamestown, to attend this Assembly, upon which the "last expiring +hopes" of the "miserably indigent poor Country" were reposed. Should +they be compelled to return to their homes, having accomplished nothing, +the people would be struck with amazement, "like an unexpected death +wound".[921] + +The Deputy Governor, not daring to disobey the King, ignored their +appeal, and bade them decide without delay whether or not they would +continue the two companies. But the Burgesses would give no definite +answer upon this matter, hoping by a policy of delay to win, in the end, +Chicheley's consent to the cessation. After seven days of fruitless +bickering Sir Henry, in anger at their obstinacy, prorogued the Assembly +to November the tenth.[922] Before their dismissal, however, the +Burgesses, in order to show that they had not been remiss in endeavoring +to secure relief for the people, voted that the journal of their +proceedings should be read publicly in every county. + +Nor had they misjudged the desperate humor of the people. When it became +known throughout the colony that the Assembly had done nothing to +restrict the planting of tobacco, the anger of the poor planters could +not be restrained. Some bold spirits proposed that the people should +assemble in various parts of the country, and, in defiance of law and +order, cut to pieces the tobacco then in the fields. If the King would +not permit a cessation by law, they would bring about a cessation by +force. A few days after the close of the Assembly, parties of men in +Gloucester began the work of destruction. It required but little +exertion to ruin the tender plants, and the rioters, passing from +plantation to plantation, in an incredibly short time accomplished +enormous havoc. Many men, filled with the contagion, cut up their own +tobacco, and then joined the mob in the destruction of the crops of +their neighbors.[923] + +As soon as the news of this strange insurrection reached Jamestown, +Chicheley dispatched Colonel Kemp to Gloucester with directions to +muster the militia and to restore order by force of arms. This officer, +with a troop of horse, fell upon one party of plant-cutters, and +captured twenty-two of their number. "Two of the principal and +incorrigible rogues" he held for trial, but "the rest submitting and +giving assurances of their quiet and peacable behavior were +remitted".[924] Other parties, intimidated by these vigorous measures, +dispersed, and soon peace was restored throughout all Gloucester. But +now news reached the Deputy-Governor "that the next adjacent county, +being new Kent, was lately broke forth, committing the like spoyles on +plants". And no sooner had the troops suppressed the rioters here than +the disorders spread to Middlesex and other counties. It became +necessary to issue orders to the commanders of the militia in each +county to keep parties of horse in continual motion, to prevent the +designs of the plant-cutters and arrest their leaders.[925] And then the +rioters, who had at first carried on their work in the open day, "went +in great companys by night, destroying and pulling up whole fields of +tobacco after it was well grown".[926] Not until August were the +disorders finally suppressed. + +These troubles, coming so soon after Bacon's Rebellion, caused great +apprehension, both to the colonial government and to the Privy Council. +"I know," wrote Secretary Spencer, "the necessities of the inhabitants +to be such ... their low estate makes them desperate.... If they goe +forward the only destroying Tobacco plants will not satiate their +rebellious appatites who, if they increase and find the strength of +their own arms, will not bound themselves."[927] And, although the +actual rioters were "inconsiderable people", yet it was thought they had +been instigated by men of position and wealth.[928] + +Grave suspicion rested upon Major Robert Beverley.[929] It had been the +importunities of "the over-active Clerk" that had persuaded Chicheley, +against the advice of the Council, to convene the Assembly. It was he +that had been the most industrious advocate of a cessation, that had +fomented the disputes in the Assembly, that had most strenuously +opposed adjournment. And it was he, the Council believed, that had +"instilled into the multitude ... the right of making a Cessation by +cutting up Plants".[930] Moreover, they thought it not improbable that +he would lead the people into a new insurrection. The rabble regarded +him with veneration and love. His activity in suppressing the Rebellion +and his opposition to the county grievances of 1677 had been forgotten, +and they saw in him now only the defender of the poor and helpless. Were +he to assume the rôle of a Bacon and place himself at the head of the +commons, he might easily make himself master of the colony. Although +there was no evidence against him, "but only rudeness and sauciness", it +was thought advisable to render him powerless to accomplish harm, by +placing him under arrest.[931] He was taken without resistance by +Major-General Smith, "though to his own great loss of 2 or 300 pounds, +by the Rabbles cutting up his Tobacco plants within two days after out +of Spight".[932] + +Beverley was kept in strict confinement on board an English ship, the +_Duke of York_, where for the time, he was safe from rescue by the +people. But so fearful was the Council that he might plot for a general +insurrection, that they issued orders forbidding him to send or to +receive letters, and permitting him to speak only in the presence of the +captain of the ship.[933] Even these harsh measures did not reassure +them, and it was decided to send him to the Eastern Shore, where the +people were most loyal to the government, and where rescue would be +impossible.[934] As preparations were being made to effect his transfer, +he escaped from the custody of the sheriff, and returned to his home in +Middlesex. But he was soon recaptured, and conveyed to Northampton. +Here, despite all the efforts of his friends and his own violent +protests, he was kept in confinement for months. In the fall he applied +for a writ of habeas corpus, but this was denied him under the pretext +that the whole matter had been referred to the King, and was no longer +within the jurisdiction of the Deputy-Governor and Council.[935] Since, +however, all fear of a rebellion was now passed, he was permitted, upon +giving bail to the sum of £2,000, to return to his home. But he was +still restricted to the counties of Middlesex and Gloucester, was +declared ineligible to public office and was forbidden to plead as an +attorney in any colonial court.[936] + +When the Privy Council learned of the plant-cutting in Virginia, they +ordered Lord Culpeper "to repair to the Government with all possible +speed, in order to find out, by the strictest enquiry, the abbetors and +instruments of this commotion". And since they too were fearful of a new +insurrection, they gave directions "that some person who shall be found +most faulty may be forthwith punished".[937] "After which," the Privy +Council advised, "and not before the Governor may be directed to +consider of and propose, with the advice of the Council and the +Assembly, ... some temperament in relation to the Planting of Tobacco +and raising the price of that commodity."[938] + +Culpeper left England in October, 1682, upon "the Mermaid frigat", and, +after a tedious and dangerous voyage of eleven weeks, arrived safely in +Virginia. He was resolved that the persons responsible for the +plant-cutting should be brought immediately to trial, and punished with +the utmost rigor of the law. The strictest inquiry was made into the +conduct of Major Beverley, and had there been evidence sufficient to +convict him, the unfortunate Clerk would undoubtedly have suffered death +upon the gallows. But since only the most trivial offenses could be +adduced against him, Culpeper was forced to turn elsewhere for the +victims demanded by the English government. + +So the prosecution was now directed against some of the actual +plant-cutters. In this, however, Culpeper found himself greatly +embarrassed by Chicheley's previous treatment of the matter. The +Deputy-Governor had, some months before, issued pardons to many of the +chief offenders, and had permitted the others to give bail, thus +treating their crime as "Ryot and noe more", and making the affair seem +"as slight as possible to the people".[939] But Culpeper, despite this +action of Sir Henry, ordered the arrest of four of the most notorious +plant-cutters and charged them with high treason. Their trial created +great excitement throughout the colony, but "despite the high words and +threats" of the rabble, three of them were convicted. Two were +executed--Somerset Davies at Jamestown, and Black Austin "before the +Court-house in Glocester county, where the Insurrection first broke +out".[940] The third was pardoned by the Governor. "Hee was extremely +young," Culpeper wrote, "not past 19, meerely drawn in and very +penitent, and therefore ... I thought fit to mingle mercy with Justice +and Repreeved him ... to the end the whole country might be convinced +that there was no other motive in the thing but purely to maintain +Government."[941] + +But although Culpeper was thus vigorous in punishing the disorders of +the poor people, he did nothing to remove the cause of their +turbulence--the low price of tobacco. By an order in Council of June 17, +1682, he had been directed to grant a cessation, should it seem +expedient, and had been given a letter from Secretary Jenkins to Lord +Baltimore, requiring the coöperation of Maryland.[942] But, upon +finding the colony in peace and quiet, and the Assembly busy with other +concerns, he "took advantage thereof", and kept secret this unexpected +concession. Culpeper pretended to believe that the desired cessation +would be of no real benefit to the planters, but it is clear that he was +consciously betraying the colony to the greed of the royal +Exchequer.[943] "I soe encouraged the planting of tobacco," he reported +to the Privy Council, "that if the season continue to be favorable ... +there will bee a greater cropp by far than ever grew since its first +seating. And I am confident that Customs next year from thence will be +£50,000 more than ever heretofore in any one year."[944] Immediately +after, he declared that he well knew "that the great Cropp then in hand +would most certainly bring that place into the utmost exigencies +again", and he promised to be prepared to quell the disturbances that +would result.[945] + +Before Lord Culpeper left England an order had been delivered to him +"commanding that noe Governour of his Majesty's Plantations, doe come +into England from his Government", without first obtaining leave from +the King.[946] But so loath was he to remain long in Virginia, that as +soon as he had dispatched the business of the April court, he once more +set sail for England. "I judged it a proper time," he said, "to make a +step home this easy quiet year, not out of any fondness to bee in +England, ... but for the King's service only."[947] + +But Charles and the Privy Council were weary of Culpeper's neglect of +duty. They decided to rid themselves of so untrustworthy an officer and +to appoint in his place a man that would remain in the colony and carry +out their wishes and policies. An inquisition was held upon his conduct, +and his letters patent as Governor-General were declared void.[948] On +the 28th of September, 1683, a commission as Lieutenant- and +Governor-General of Virginia was granted to Lord Howard of +Effingham.[949] + +Few British colonial Governors are less deserving of respect than Thomas +Lord Culpeper. He was insensible of any obligation to guard the welfare +of the people of Virginia, and was negligent in executing the commands +of the King. He seems to have regarded his office only as an easy means +of securing a large income, and he was untiring in his efforts to extort +money from the exhausted and impoverished colony. Sir William Berkeley's +salary as Governor had been £1,000, but Culpeper demanded and received +no less than £2,000.[950] In addition, he was allowed £150 a year in +lieu of a residence, received pay as captain of infantry and claimed +large sums under the provisions of the Arlington-Culpeper grant. + +Nor did he scruple to resort to open fraud in satisfying his greed. +There were, in 1680, two companies remaining in Virginia of the troops +sent over to suppress Bacon's Rebellion. Having received no pay for many +months, the soldiers were discontented and mutinous.[951] The Privy +Council entrusted to Culpeper, upon his first departure for the colony, +money to satisfy them, and to compensate the householders with whom they +had been quartered.[952] At this period, as always in the seventeenth +century, there was a great scarcity of specie in Virginia. But there +circulated, usually by weight, various foreign coins, the most common of +which was the Spanish piece of eight, about equal in value to five +shillings in English money. My Lord, upon his arrival, industriously +bought up all the worn coins he could secure, arbitrarily proclaimed +them legal tender at the ratio of six shillings to one piece of eight, +and then paid the soldiers and the landlords. This ingenious trick +probably netted him over £1,000. Later he restored the ratio to five to +one, so that he would lose nothing when his own salary became due. Of +such stuff were some of the Virginia colonial governors.[953] + +But Culpeper's many defects were not wholly unfortunate for the colony, +for they rendered him unfit to carry out the designs of the King. His +frequent absences from his government made it impossible for him to +become thoroughly acquainted with conditions in the colony, or to bind +the wealthy to him by a judicious use of the patronage. He was too weak, +too careless to pursue a long continued attack upon the established +privileges of the people. + +It boded ill, therefore, for Virginia, when he was removed, and a +commission granted to Lord Howard. The new Governor was well fitted for +the task of oppression and coercion. Unscrupulous, +deceitful, overbearing, resentful, persistent, he proved a dangerous foe +to the representative institutions of the colony, and an able defender +of royal prerogative. Had he not encountered throughout his entire +administration, the united and determined resistance of the Burgesses, +he might have overthrown all constitutional government. Well it was for +Virginia that at this moment of imminent danger, the Burgesses should +have been so conscious of their duty and so resolute in executing it. +They were still, as in most periods of colonial history, men of high +social position, but they represented, not their own class, but the +entire colony. And they were ever watchful to guard the interests of the +commons. + +Effingham took the oath of office in England, October 24, 1683,[954] and +a few months later sailed for the colony.[955] No sooner had he set foot +in Virginia than the struggle with the Burgesses began. The session of +Assembly of April, 1684, was filled with their bitter disputes. + +Consternation reigned in the House when Lord Howard produced an +instruction from the King forbidding appeals from the inferior courts to +the Assembly.[956] As early as October, 1678, Colonel Francis Moryson +had advised the Privy Council to abolish the judicial powers of the +Assembly, claiming that they were the source of the great influence and +"arrogancy" of that body.[957] Their Lordships did not awaken at once to +the importance of this matter, but before long they became convinced +that Moryson was right. Accordingly Lord Culpeper, in his commission of +1682, was directed to procure the immediate repeal of all laws "allowing +appeals to the Assembly".[958] But Culpeper, interested only in securing +money from the Burgesses, failed to put this instruction into operation. +"As to what concerns Appeals," he declared, "I have never once permitted +any one to come to the Assembly, soe that the thing is in effect done. +But having some thoughts of getting a Revenue Bill to pass, I was +unwilling actually to repeal ye Laws relating thereunto till the next +session of Assembly should be over, well knowing how infinitely it would +trouble them."[959] + +But Effingham had no such scruples, and told the Burgesses plainly the +commands he bore from the King.[960] The House, in great dismay, +requested the Governor and the Council to join them in an address to his +Majesty, imploring him to restore a privilege which had so long been +enjoyed "according to ye Laws and antient Practice of the +Country".[961] But Lord Howard replied coldly, "It is what I can in noe +parte admitt of, his Majesty haveing been pleased by his Royal +instruccons to direct & command that noe appeales be open to the General +Assembly."[962] + +Nor did the Assembly ever regain this important power. As late as 1691 +we find the agent of the Burgesses in England asking in vain for the +restoration of the right of appeals.[963] The change threw into the +hands of the Governor and Council extraordinary power over the judiciary +of the colony. The county justices, who sat in the lower courts, were +the appointees of the Governor, and could not effectually resist his +will. Moreover, as appeals lay from them to the General Court, they were +powerless before the decisions of the superior tribunal. Thus the +judiciary of the colony lost its only democratic feature. + +The Burgesses, undismayed by their defeat in this matter, at this same +session entered a vigorous protest against the King's right to annul +acts of Assembly. During Berkeley's administration his Majesty had +seldom exercised this power, but of late many acts had been repealed by +proclamation without the consent or knowledge of the Assembly. This, the +Burgesses claimed, was an unwarranted infringement upon the privileges +granted them "by sundry Comissions, Letters and Instructions", that was +most destructive of their cherished liberties and rights. And they +demanded that henceforth their statutes should have the force of law +until they had been "Repealed by the same Authority of Generall +Assembly".[964] But they received no encouragement from the Governor. +What you ask, he told them, "is soe great an entrenchment upon ye Royall +authority that I cannot but wonder you would offer at it".[965] + +Thereupon the House determined to appeal directly to the King, +petitioning him not only to give up the right of repealing laws by +proclamation, but to permit the continuation of appeals to the Assembly. +Since the Governor refused to transmit their address to his Majesty, +they forwarded copies to Secretary Jenkins by two of their own +members--Thomas Milner and William Sherwood.[966] + +This address received scant consideration from the King and the Privy +Council. "Whereas," James II wrote Effingham in October, 1685, "it hath +been represented unto us by our Committee for Trade and Plantations, +that they have received from some unknown persons a paper entitled an +address and supplication of the General Assembly of Virginia ... which +you had refused to recommend as being unfit to be presented.... Wee +cannot but approve of your proceedings.... And wee doe further direct +you to discountenance such undue practices for the future as alsoe the +Contrivers and Promoters thereof."[967] For their activity in this +matter Sherwood and Milner "in ye following year were both turned out of +all imployments to their great damage and disgrace".[968] + +In the spring of 1685 Effingham received notification from the Privy +Council of the death of Charles II and the accession of the Duke of York +as James II.[969] He replied a few days later, "I have, with the +greatest solemnity this place is capable of proclaimed his Majesty King +James II in all the considerable places of this colony, where the great +Acclamations and Prayers of the People gave a universal Testimony of +their Obedience."[970] Despite these outward manifestations of joy, the +people were by no means pleased to have a Roman Catholic monarch upon +the English throne. When news reached Virginia that the Duke of Monmouth +was in open rebellion, and had gained important successes over his +Majesty's forces, there was grave danger that the commons of the colony +might espouse his cause.[971] Many were so emboldened, wrote Effingham, +"that their tongues ran at large and demonstrated the wickedness of +their hearts, till I secured some and deterred others from spreading +such false reports by my Proclamation".[972] The defeat and execution +of the Duke of Monmouth for a time ended all thought of resistance to +the King. + +But Effingham found the people sullen and discontented and the Burgesses +more stubborn than ever. The session of Assembly of 1685 was, perhaps, +the most stormy ever held in Virginia. The House made a strenuous and +successful resistance to a vigorous attempt to deprive it of its control +over taxation. In 1662, when the Assembly was dominated by Sir William +Berkeley, an act had been passed empowering the Governor and Council to +levy annually for three years a tax of not more than twenty pounds of +tobacco per poll.[973] In 1680 the Council had requested Lord Culpeper +to represent to the King the disadvantages of leaving taxation entirely +in the hands of the Assembly, hoping that his Majesty would by +proclamation revive the law of 1662.[974] The greatest item of expense +to the government, they argued, arose from the Assembly itself, "ye +charge of which hath been too often found to be twice as much as would +have satisfied all publiq dues".[975] The matter was presented to the +consideration of the Burgesses in 1680, but was lost in the committee +room.[976] + +The King and Privy Council, although they approved of the levy by the +Governor and the Council, did not venture to grant them that power by +royal proclamation. They instructed Lord Howard, however, in his +commission of 1683, to propose for passage in the Assembly a law similar +to that of 1662.[977] Accordingly, in 1684, Effingham placed the matter +before the Burgesses and told them that it was the King's desire that +they give their consent. But they ignored his message, and the Governor +could not press the matter at that time. In the next session, however, +he became more insistent. "I must remind you," he told the Burgesses, +"of what was omitted in ye last Assembly ... that a Law may passe +whereby His Majesty's Governor with ye advice of ye Council may be +empowered to lay a levy."[978] But the Burgesses would not yield. "The +House," they replied, "... do humbly signifye to your Excellency, that +they can noe waies concede to or comply with that proposition, without +apparent and signal violation of ye great trust with them reposed."[979] +And when Effingham urged them to reconsider their action, they passed a +resolution unanimously refusing to relinquish this their greatest +privilege. + +After the prorogation of the Assembly, Lord Howard wrote home his +complaints against the stubborn Burgesses. "Your Lordships," he said, +"will ... find their total denyal that the Governor and Council should +have any power to lay the least Levy to ease the necessity of soe +frequent Assemblys.... This was propounded by mee to them before his +Majesty's Instructions came to my hand that I should,... but nothing +would prevail nor I beleeve will, unless his Majesty's special command +therein."[980] + +A long and acrimonious quarrel occurred over the quit-rents. Because of +the lack of specie in the colony, it had always been necessary to +collect this tax, when it was collected at all, in tobacco. In March, +1662, the Assembly had passed a law fixing the rate of payment at two +pence a pound, which was then not far from the current price. But the +decline in value of the commodity which had occurred since 1662, had +resulted in a great diminution in the tax. + +In July, 1684, the King wrote Effingham that he had taken over all the +rights of Arlington and Culpeper to the quit-rents, and announced it his +intention to use them for the support of the Virginia government. He +directed the Governor to secure the repeal of the law of 1662 and to +forbid all payments in tobacco. "You must ... impower," he wrote, "the +Officers of our Revenue to collect (them) ... according to ye +reservation of 2s per every hundred acres ... to be paid in specie, that +is in Mony."[981] + +As tobacco sold, in 1684, at a half penny a pound, this order, had it +been put into operation, would have quadrupled the value of the +quit-rents, and increased materially the burdens of the planters. The +Burgesses, in alarm, petitioned the Governor to allow the old +arrangement to continue, declaring that the lack of specie made it +impossible to comply with the King's order. And they refused to repeal +the law of March, 1662. + +Displeased at their obstinacy, the King, in August, 1686, nullified the +law by proclamation. "Being now informed," he declared, "that several +persons goe about to impede our Service ... by imposing bad tobacco upon +our collectors at the rate of 2d per llb, under pretence of an Act of +Assembly of March 30, 1662, ... Wee have thought fit to Repeal the said +Act."[982] + +Even then the Burgesses resisted. At the session of 1686 they petitioned +on behalf of all the freeholders of the colony that the quit-rents +should be paid as formerly. To make payment in specie, they declared, +would not only be ruinous, but utterly impossible.[983] So angered were +they and so determined not to obey, that Effingham found it expedient to +consent to a compromise. It was agreed that the tax should be collected +in tobacco as before, but at the rate of one penny per pound, which, as +Effingham said, was not ad valorum. Thus the only result of this long +quarrel was to double the value of the quit-rents, and to add greatly to +the burdens of the impoverished and discontented people.[984] + +Even more bitter was the contest over the so-called Bill of Ports. This +measure was designed to remedy the scattered mode of living in Virginia, +by appointing certain places as ports of landing and shipment, and +confining to them all foreign trade. Throughout the seventeenth century +almost all shipping was done from private wharves. The country was so +interspersed with rivers, inlets and creeks, deep enough to float the +largest vessels, that ports were entirely unnecessary. Each planter +dealt directly with the merchants, receiving English manufactured goods +almost at his front door, and lading the ships with tobacco from his own +warehouse. This system, so natural and advantageous, seemed to the +English Kings, and even to the colonists, a sign of unhealthful +conditions. More than once attempts had been made to force the people +to build towns and to discontinue the desultory plantation trade. + +In 1679, Culpeper was ordered to propose a law in the Assembly requiring +the erection of towns on each great river, to which all foreign trade +should be confined. Accordingly, in 1680, a Bill of Ports was passed. +"Wee are now grown sensible," wrote Secretary Spencer, "that our present +necessities, and too much to be doubted future miseries, are much +heightened by our wild and rambling way of living, therefore are +desirous of cohabitation, in order whereunto in ye late Assembly an Act +was made appointing a town in every County, where all Goods imported are +to be landed, and all Goods exported to be shipt off. And if this takes +effect, as its hoped it may, Virginia will then go forward which of late +years hath made a retrograde motion."[985] + +But this attempt ended in dismal failure. In 1681, when the shipmasters +came to the appointed ports, they found that no shelter had been +constructed for their goods. Thinking the law nullified, or not yet in +operation, they traded as usual from private wharves. For this breach of +the law, some of them were prosecuted in the colonial courts, to their +own great loss and to the inconvenience of many of the planters.[986] +Loud wrangling and bitter animosities resulted throughout the colony, +and at length the King was compelled to suspend the law.[987] + +In the Assembly of 1685 it was proposed to enact another Bill of Ports. +Accordingly an act was drafted in the House of Burgesses and, in due +time, sent up for the approval of the Council. The upper house, after +making several alterations, consented to the bill and returned it to the +Burgesses. The latter agreed to most of the changes, but struck out a +clause restricting the towns to two upon each river, and added an +amendment permitting one port to a county.[988] The Council in turn +yielded, but inserted a new clause, "That there should bee ffees +ascertained on Goods exported and imported for the support of those +Officers which should bee obliged to reside in those Ports".[989] As +"there was noe room in ye margint to write ye alteration ... it was +wrote in a piece of paper and affixt to ye Act".[990] When the bill came +back to the House, Major Robert Beverley, who was again the clerk of the +Assembly, acting it would seem upon his own initiative, tore off the +paper containing this amendment. The bill then came before the House +apparently assented to without change and was returned by them for the +signature of the Governor and the Councillors. Neither Effingham nor any +of the Council noticed the omission, and thinking their amendment had +been accepted, signed the bill.[991] Thereupon it was engrossed, and +sent up for the final signature of the Governor. But Effingham in +reading the engrossed copy, discovered the omission, and refused to +affix his name to the bill, claiming that it "was not engrost as +assented to" by him and the Council.[992] "To which," wrote the +Governor, "they sent mee word that the Bill could admit of noe +alteration or amendment after it was attested by the Clerk of the +General Assembly as assented to, and that it had by that the force of a +Law.... I sent them word again that though any bill was assented to by +mee and the Council, yet if I should afterwards perseive it would prove +prejudicial ... I had power to refuse the signing of it by vertue of His +Majesty's negative voice.... But all would not persuade them out of +their obstinacy, nay tho' I offered to lay that Bill aside till His +Majesty's pleasure should bee known therein; And to sign all the +others.... But nothing would please them but Invading, if not +destroying, His Majesty's Prerogative." The Burgesses declared that they +did not contest the Governor's right to the veto, but contended that +when once he signed a bill, "it could not faile of having ye force of a +Law".[993] Effingham, they complained, was claiming a "double negative +Voice". So angry did they become that they refused to apportion the levy +for defraying the public charges, and after many days of bitter +contention the Governor was forced to prorogue them. + +"I did not disolve them," he wrote the Privy Council, "for these +reasons. Because if his Majesty shall think fitt to have them dissolved, +it will bee soe great a rebuke to them, when done by his Majesty's +special command, that I hope it will deter them for the future to bee +soe obstinate and peevish."[994] Accordingly, in August, 1686, the King +wrote the Governor, "Whereas, we have been informed of ye irregular and +tumultuous proceedings of the House of Burgesses of Virginia, at their +late meeting, the members thereof having ... presumed so far as to raise +contests touching ye power of ye Negative Voice ... which wee cannot +attribute to any other Cause then the disaffected & unquiet Dispositions +of those Members.... Wee have thought fitt hereby as a mark of our +displeasure ... to Charge ... you forthwith to Dissolve the present +Assembly."[995] + +When this order reached Virginia the Assembly was again in session. +"After I had passed the Acts," wrote Effingham, "I ordered His Majesty's +Letter to bee publickly read to them, and then Dissolved them ... and +told them they were the first Assembly which had been soe dissolved and +I hoped they would bee the last that should deserve it. I ordered copies +of his Majesty's Letter to bee sent to the several County-Courts, that +all the Inhabitants might know how displeasing such proceedings were to +his Majesty."[996] "And now," he added, "the public debts being paid,... +I shall not for the future have soe frequent Assemblys."[997] + +More damaging to the Burgesses than this rebuke was the loss of the +right to elect their own clerk. "I was severely angry with their Clerk," +declared Effingham, "that he durst omit ye least clause, especially soe +material an one ... I sent to the Assembly to make him an example for +it, But they rather maintained him."[998] Some months later the King +sent orders that Beverley be tried for defacing the records and that he +be once more deprived of all offices. Probably because of his great +popularity, Beverley was never brought to trial, but he was forced to +relinquish his lucrative governmental posts.[999] In May, 1686, Nicholas +Spencer wrote the Committee of Trade and Plantations, advocating the +appointment of the clerk by the Governor. "I ... beg leave to present," +he said, "how necessary it is ... that the clerk of the House ... bee +commissionated by his Majesty's Governour ... and that his salary be +appointed unto him out of his Majesty's revenue. This will take off his +dependency on his great masters the House of Burgesses, and leave noe +room for designed omissions."[1000] Nothing loath, the King, in August, +1686, wrote Lord Howard, "Wee ... require you ... upon the Convening of +the Assembly to appoint a fit person to execute the Office of Clerk of +the House of Burgesses, & not to permit upon any pretense whatsoever any +other person to execute ye said Office but such as shall bee soe chosen +by you."[1001] + +Accordingly, at the session of April, 1688, the Governor, with the +approbation of the Council, appointed Captain Francis Page as clerk of +the House.[1002] The Burgesses could but yield, but they told Effingham +that the clerk was still their servant and ought to take the usual oath +of secrecy. "I do declare," replied the Governor, "it was never my +intention nor my desire that the Clerk should be as a spy upon your +Actions and to declare to me your private Debates." It was therefore +agreed that he should take the following oath: "You shall keep secret +all private Debates of the said House of Burgesses."[1003] Despite this, +it was quite evident that the House was no longer to be master of its +own clerk, and that he was to be in the future, to some extent at least, +an emissary of the enemy seated in their midst. + +The resolute and vigilant defense of the constitutional rights of +Virginia made by the House in this the critical period of her history is +deserving of the highest praise, because it was made in the face of +vigorous personal attacks by Effingham upon the most active of the +members. Every Burgess that voted against the measures proposed by the +King or advocated by his Governor, exposed himself not only to removal +from office, but to active persecution. As we have seen, Mr. William +Sherwood and Colonel Thomas Milner, for forwarding to the Privy Council +the address of the Burgesses in 1684, had been dismissed from +office.[1004] "In ye year 1686 Mr. Arthur Allen & Mr. John Smith, who +were Burgesses in ye year 1685, were turned out of all imployment Civill +& Military to Mr. Allen's great damage, he being a surveyor of land at +that tyme."[1005] I have displaced Allen, wrote Effingham, because he +was "a great promoter of those differences between mee and the Assembly +concerning the King's negative Voice ... as not thinking it fitt that +those who are peevishly opposite to his Majesty's interest should have +any advantage by his favor".[1006] "In the year 1688 Mr. William +Anderson, a member of ye Assembly in that year was soon after the +Assembly by the Governor's order and Command put in ye Common goale and +there detained 7 months, without Tryal, though often prayed for, and +several courts past in ye time of his imprisonment. Nor could he obtain +ye benefit of habeas corpus upon his humble petition.... Mr. Charles +Scarburgh, a member of that Assembly, alsoe was, soon after ye Assembly, +turned out of all imployment and as a mark of his Lordship's +displeasure, a command was sent to ye clerk of ye county to raze his +name out of ye records as a Justice of Peace."[1007] "From whence," it +was declared, "the people conclude these severities are inflicted rather +as a terrour to others than for any personall crimes of their owne, and +is of such ruinous consequence that either the public or particular +interests must fall, for if none oppose, the country must languish under +the severity of the government, or fly into a mutiny to save themselves +from starving. If any do appear more zealous in prosecuting the +countries complaints they know what to expect. It being observable that +none has been thus punisht but those who were forward in the assembly to +oppose the encroachments on the people, and promote the complaint to +England, being out of hope of relief on the place."[1008] + +One is inclined to ask, when considering the incessant quarrels of the +Governor and the Burgesses, why Lord Howard was less successful than +Governor Berkeley had been in gaining an ascendency over the Assembly. +During the Restoration Period the Burgesses had worked in entire harmony +with Sir William, even when he advocated the oppressive measures that +were so instrumental in bringing on Bacon's Rebellion. Effingham, on the +other hand, found himself continually embroiled with the Assemblymen, +and unable to force them into submission even with rebukes and +persecution. + +The explanation must be sought partly in the different characters of the +two Governors. Berkeley was an abler man than Lord Howard, more tactful, +more capable of utilizing the weapons at hand. His method of +overwhelming the legislators with favors was more effective in winning +their support than intimidation and threats. Moreover, Sir William, +himself a Virginian by his long residence in the colony, carried out +only his own policies, and by methods that did not openly assail the +charter rights of the people. Effingham, on the other hand, was the +instrument of the English King and his Councillors in an assault upon +representative government in the colony. It was but natural that all +classes, even the wealthy planters, should resist him with stubborn +resolution. Nor was it possible for Effingham to control, as Sir William +had done, the elections of Burgesses. The opposition of many sheriffs, +whose duty it was to preside at the polls, to the administration, the +greater vigilance of the House, and the independent spirit of the +commons conspired to render the returns more accurate and the House more +responsive to the will of the people. Finally, the poor planters found +now, what they had lacked during the Restoration Period, cultured and +able men to represent them in the Assembly. Without the aggressive +leadership of Major Robert Beverley, Thomas Milner, Colonel Ballard, and +other prominent planters, the cause of the people might have been lost. + +Even in the Council the commons had one staunch friend--Colonel Philip +Ludwell. This restless man, who was unable to work in harmony with any +Governor save Sir William Berkeley, sympathized with his old friends of +the Green Spring faction in their resistance to Effingham. As early as +1684 he had aroused the Governor's suspicion by arguing in Council "for +the undutiful Address which was sent to his Majesty",[1009] and during +the sessions of 1685 and 1686 it was thought that he was "an Instrument +in Abbetting and formenting those Disputes & Exceptions the Assembly soe +insisted on".[1010] + +Soon after, the Governor's distrust was heightened by two acts of favor +shown by Ludwell to leaders of the opposition in the House of Burgesses. +When ordered to oust Major Allen from his surveyor's place, he gave it +to "Major Swan, one altogether as troublesom as the other & that only +for the use of Allen". Upon receiving information that the King had +declared Major Beverley "uncapable of any public imployment ... hee +presently gives his Surveyor's place, the best in the Country to his +Son".[1011] In the spring of 1686 the Governor made one last attempt to +win Ludwell over from the people's cause. "I did," he wrote, "on the +death of Colonel Bridger ... give him a collector's place, in hopes to +have gained him by it."[1012] But Ludwell, unaffected by this attempted +bribery, continued his active opposition to the arbitrary and illegal +conduct of the Governor. At last, during the session of Assembly of +1686, there occurred an open breach. "His Lordship flew into a great +rage and told ... Ludwell he had formerly made remarks upon him, and +that if he did not look the better to himself he should shortly suspend +him from the Council."[1013] Early in 1687 this threat was put into +effect,[1014] and the troublesome Councillor was for the second time +deprived of his seat. But this persecution, which the people believed to +be directed against Ludwell for his support of their cause, brought him +into great popularity throughout the colony and made him the +acknowledged leader of the opposition to the administration. In the +elections for the Assembly of 1688 he was chosen by the freeholders of +James City county to represent them in the House of Burgesses.[1015] +Effingham, however, would not allow him to take his seat, producing a +clause from his commission which forbade suspended Councillors to become +members of the Assembly.[1016] Despite this exclusion, Ludwell could and +did, by conferences with individual 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 £5 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 redress. +This the Council with some sharpness, refused to do. We are +apprehensive, they replied, that the grievances "proceed from petulent +tempers of private persons and that which inclines us the rather so to +take them is from the bitterness of the Expressions".[1021] Judging the +Governor's temper from this reply of the Councillors, the Burgesses +relinquished hope of redress from the executive and determined to +petition the King himself. An humble address was drawn up, entrusted to +Colonel Philip Ludwell and delivered by him at Windsor, in September, +1688, into the hands of James II. Before it could be considered, +however, William of Orange had landed in England and King James had been +overthrown.[1022] + +In the meanwhile a crisis in Virginia had been approaching rapidly. The +people felt that their religion, as well as their liberties, was menaced +by the rule of James II. In 1685, the King had directed Effingham "to +permit a Liberty of Conscience to all persons", that would "bee +contented with a quiet and peaceable enjoyment of it, not giving offence +or scandal".[1023] The people of Virginia understood well enough that +this order was dictated, not by considerations of liberality, but by +James' determination to favor the Catholic church. The feeling of +uneasiness was increased when, in 1688, Effingham, declaring it no +longer necessary for the Burgesses to take the oaths of allegiance and +supremacy, admitted a Catholic to the Assembly.[1024] + +In October, 1688, James sent word to the Governor of the impending +invasion of the Prince of Orange and commanded him to place Virginia in +a posture of defense.[1025] Immediately the colony was thrown into the +wildest excitement, and, for a time, it seemed probable that the people +would attempt the expulsion of Effingham. "Unruly and unorderly +spiritts," the Governor afterwards testified, "laying hold of the motion +of affairs, and that under the pretext of religion,... betook themselves +to arms."[1026] Wild rumors spread through the colony that the Papists +of Maryland were conspiring with the Senecas to fall upon Virginia and +cut off all Protestants in a new Saint Bartholomew's Eve.[1027] The +frontiersmen along the upper courses of the Rappahannock and the Potomac +"drawing themselves into parties upon their defense", were "ready to fly +in the face of ye government. Soe that matters were ... tending to a +Rebellion." However, the news of William's easy victory and the flight +of James restored quiet to the colony. On February the nineteenth, 1689, +the Privy Council wrote the Governor that William and Mary had ascended +the throne of England,[1028] and a few weeks later their Majesties were +proclaimed at Jamestown with solemnity and thanksgiving.[1029] + +The Glorious Revolution was a victory for liberty even more important to +Virginia than to England. It brought to an end those attacks of the +English government upon the representative institutions of the colony +that had marked the past ten years. It confirmed to the people the +rights that had been guaranteed them, through a long series of patents +dating back as far as 1606, and rendered impossible for all time the +illegal oppressions of such men as Harvey, Berkeley, Culpeper and +Effingham. Other Governors of despotic disposition were yet to rule +Virginia--Nicholson, Andros, Dunmore--but it was impossible for them to +resort to the tyrannical methods of some of their predecessors. The +English Revolution had weakened permanently the control of the British +government over the colony, and consequently the power of the Governor. + +The advance of liberalism which was so greatly accelerated both in +England and in America by the events of 1688 was halted in the mother +country in the middle of the eighteenth century. But Virginia and the +other colonies were not greatly affected by the reaction upon the other +side of the Atlantic. Here the power of the people grew apace, +encountering no serious check, until it came into conflict with the +sullen Toryism of George III. Then it was that England sought to stifle +the liberalism of the colonies, and revolution and independence +resulted. + +The changed attitude of the Privy Council towards Virginia was made +immediately apparent by the careful consideration given the petition of +the Burgesses. Had James remained upon the throne it is probable that +it, like the address of 1684, would have been treated with neglect and +scorn. But William received Ludwell graciously, listened to his plea "on +behalf of the Commons of Virginia", and directed the Committee of Trade +and Plantations to investigate the matter and to see justice done.[1030] + +Effingham, who had been called to England upon private business, +appeared before the Committee to defend his administration and to refute +Ludwell's charges. Despite his efforts, several articles of the petition +were decided against him, and the most pressing grievances of the people +redressed. The "Complaint touching the fee of 200lbs of tobacco and +cask", it was reported, "imposed by my Lord Howard for affixing the +Great Seal to Patents ... in regard it was not regularly imposed ... the +committee agree to move his Majesty the same be discontinued".[1031] +Similarly their Lordships declared in favor of abolishing the fee of +thirty pounds of tobacco required for registering surveys. The article +touching the revival of repealed laws by proclamation was referred to +the consideration of the Attorney-General and the Solicitor-General. +These officers gave it as their opinion that his Majesty did have the +right, by repealing acts of repeal, to revive laws, but the committee +agreed to move the King that the Act of Attorneys should be made void by +proclamation.[1032] + +This was a signal victory for the Burgesses, but Ludwell, who had +personal scores to settle with the Governor, did not let matters drop +here. After the lapse of several months he appeared once more before the +Committee with charges against Effingham of misgovernment and +oppression.[1033] Referring to the quarrel over the Bill of Ports, in +1685, he accused him of exercising "two negative voices". He complained +bitterly of his attacks upon those Burgesses that had opposed him in the +Assembly, and of his abuse of the power of suspending Councillors. The +money arising from fort duties, he said, which had formerly been +accounted for to the Assembly, had, during Effingham's administration, +"been diverted to other uses". The Governor had established new courts +of judicature contrary to the wishes of the people. + +These persistent attacks of Ludwell resulted in another victory, for the +Committee decided that Effingham should no longer rule the colony. He +was not displaced as Governor-General, but he was commanded to remain in +England, and to leave the control of the administration to a +Lieutenant-Governor. This, doubtless, was not unsatisfactory to Lord +Howard, for he retained a part of his salary and was relieved of all the +work and responsibility of his office. The Lieutenant-Governorship was +given to Captain Francis Nicholson.[1034] + +Thus the colony emerged triumphant from the Critical Period. It is true +the House of Burgesses had lost many privileges--the right to elect its +own clerk, the right to receive judicial appeals, the right to control +all revenues,--but they had retained within their grasp that +all-important power--the levying of general taxes. And they had gained +greatly in political experience. Long years of watchfulness, of +resistance to encroachments upon their rights, had moulded them into a +body that the most cunning executive could neither cajole nor +intimidate. Unmindful of the anger of Governors, the rebukes of Kings, +of personal loss, even of imprisonment, they had upheld the people's +rights. And their descendants were to reap the reward of their +faithfulness. The traditions of ability, probity and heroism established +by the men of the Critical Period made possible that long and honorable +career of the House of Burgesses and the important rôle it was to play +in winning independence for America. + +FOOTNOTES: + +[882] Osg., Vol. III, pp. 280, 281. + +[883] P. R. O., CO5-1355-334; McD., Vol. V, p. 302. + +[884] P. R. O., CO5-1355-313, 334. + +[885] P. R. O., CO5-1355-334; McD., Vol. V, p. 302. + +[886] P. R. O., CO5-1356; CO391.2-276, 325, 283 to 285. + +[887] P. R. O., CO1-43-165. + +[888] Hen., II, p. 133. + +[889] P. R. O., CO5-1376; Hen., Vol. II, p. 466. + +[890] P. R. O., CO5-1355-372. + +[891] P. R. O., CO5-1355-375. + +[892] P. R. O., CO5-1355-375, 376. + +[893] P. R. O., CO5-1355-378. + +[894] P. R. O., CO5-1355-385. + +[895] P. R. O., CO5-1355-384. + +[896] P. R. O., CO5-1376-265. + +[897] Jour. H. of B., 1680, p. 1. + +[898] Jour. H. of B., 1680, p. 7. + +[899] Among the Burgesses were Captain William Byrd, Major Swann, +Benjamin Harrison, Colonel Ballard, Colonel Mason, Colonel John Page, +Colonel Matthew Kemp, William Fitzhugh, Isaac Allerton, John Carter and +Captain Fox. P. R. O., CO5-1376-321. + +[900] Jour. H. of B., 1680, pp. 13, 14. + +[901] Jour. H. of B., 1680, p. 27. + +[902] P. R. O., CO5-1356-125. + +[903] P. R. O., CO5-1356-125, 126. + +[904] P. R. O., CO5-1356-265. + +[905] P. R. O., CO5-1355-361. + +[906] Jour. H. of B., 1680, p. 32. + +[907] Jour. H. of B., 1680, p. 36. + +[908] P. R. O., CO5-1355-388 to 394. + +[909] P. R. O., CO5-1355-380; CO5-1376-286. + +[910] P. R. O., CO5-1355-396. + +[911] P. R. O., CO5-1355-408. + +[912] Jour. II. of B., April 1682, p. 4. + +[913] P. R. O., CO5-1356-179. + +[914] P. R. O., CO5-1356-1, 2. + +[915] P. R. O., CO5-1356-177. + +[916] P. R. O., CO5-1356-73. + +[917] P. R. O., CO5-1356-73, 156; Jour, H. of B., April 1682. + +[918] P. R. O., CO5-1356-11, 12, 68, 72. + +[919] P. R. O., CO5-1356-8. + +[920] P. R. O., CO5-1356-68. + +[921] Jour. H. of B., April 1682, pp. 4, 5. + +[922] Jour. H. of B., April 1682; P. R. O., CO5-1356-68. + +[923] P. R. O., CO5-1356-65, 66, 67. + +[924] P. R. O., CO5-1356-70. + +[925] P. R. O., CO5-1356-71. + +[926] P. R. O., CO5-1356-178. + +[927] P. R. O., CO5-1356-71. + +[928] P. R. O., CO5-1356-178. + +[929] P. R. O., CO5-1356-74. + +[930] P. R. O, CO5-1356-74. + +[931] Hen., Vol. III, p. 543. + +[932] P. R. O., CO5-1356-156. + +[933] Hen., Vol. III, p. 544. + +[934] Hen., Vol. III, p. 546. + +[935] Hen., Vol. III, pp. 546, 547. + +[936] Hen., Vol. III, p. 547. + +[937] P. R. O., CO5-1356-76. + +[938] P. R. O., CO5-1356-76, 77. + +[939] P. R. O., CO5-1356-157. + +[940] P. R. O., CO5-1356-158. + +[941] P. R. O., CO5-1356-159. + +[942] P. R. O., CO5-1356-76, 77, 163. + +[943] P. R. O., CO5-1356-164. + +[944] P. R. O., CO5-1356-164. + +[945] P. R. O., CO5-1356-164, 169. + +[946] P. R. O., CO5-1356-87. + +[947] P. R. O., CO5-1356-168, 169. + +[948] P. R. O., CO5-1356-188, 239, 244, 114. + +[949] P. R. O., CO5-1356-188. + +[950] P. R. O., CO5-1356-56, 145, 146. + +[951] P. R. O., CO5-1376-287. + +[952] P. R. O., CO1-42-152; CO391.2-276. + +[953] Beverley. + +[954] P. R. O., CO5-1356-244, 245. + +[955] P. R. O., CO5-1356-248. + +[956] Jour. H. of B., 1684, pp. 23, 24. + +[957] P. R. O., CO1-42-138, 139. + +[958] P. R. O., CO5-1356-53. + +[959] P. R. O., CO5-1356-142. + +[960] P. R. O., CO5-1356-22. + +[961] Jour. H. of B., 1684, p. 37. + +[962] Jour, H. of B., 1684, p. 42. + +[963] Justice in Va., p. 25. + +[964] Jour. H. of B., 1684, p. 114. + +[965] Jour. H. of B., 1684, p. 159. + +[966] P. R. O., CO5-1356-299, 301. + +[967] P. R. O., CO5-1357-58. + +[968] McD., Vol. VII, p. 88. + +[969] P. R. O., CO5-1356-316. + +[970] P. R. O, CO5-1356-328. + +[971] P. R. O., CO5-1357-79, 80, 95, 96; Jour. H. of B., 1685, p. 49. + +[972] P. R. O., CO5-1357-80. + +[973] Hen., Vol. II, p. 24; P. R. O., CO5-1376-281. + +[974] P. R. O., CO5-1376-281. + +[975] P. R. O., CO5-1376-281; CO5-1356-101. + +[976] P. R. O., CO5-1376-362. + +[977] P. R. O., CO5-1356-267. + +[978] Jour. H. of B., 1685. + +[979] Jour. H. of B., 1685. + +[980] P. R. O., CO5-1357-85. + +[981] P. R. O., CO5-1356-282. + +[982] P. R. O., CO5-1357-113. + +[983] Jour. H. of B., 1686, p. 17. + +[984] Jour. H. of B., 1686, p. 37. + +[985] P. R. O., CO5-1355-383. + +[986] P. R. O., CO5-1356-177. + +[987] P. R. O., CO5-1356-4. + +[988] P. R. O., CO5-1407-310, 282. + +[989] P. R. O., CO5-1357-89. + +[990] P. R. O., CO5-1407-310. + +[991] P. R. O., CO5-1357-89. + +[992] P. R. O., CO5-1357-89. + +[993] Jour. H. of B., 1685. + +[994] P. R. O., CO5-1357-93. + +[995] P. R. O., CO5-1357-119. + +[996] P. R. O., CO5-1357-127. + +[997] P. R. O., CO5-1357-133. + +[998] P. R. O., CO5-1357-92; McD., Vol. VII, p. 222. + +[999] Sains., Vol. XV, p. 30. + +[1000] McD., Vol. VII, p. 229. + +[1001] P. R. O., CO5-1357-119. + +[1002] Jour. H. of B., 1688, p. 1. + +[1003] Jour. H. of B., 1688, p. 17. + +[1004] Sains., Vol. IV, p. 254. + +[1005] McD., Vol. VII, p. 26. + +[1006] McD., Vol. VII, p. 257. Some years later Effingham contradicted +this statement. "They were not dismissed," he said, "from their +imployments upon account of their proceedings in ye Assembly, but being +Justices of Peace they oppenly opposed the King's authority in naming +sheriffs by his Governour alledging that office ought to go by +succession." + +[1007] McD., Vol. VII, pp. 437-441. + +[1008] McD., Vol. VII, pp. 437-441. + +[1009] P. R. O., CO5-1357-130. + +[1010] CO5-1357-127. + +[1011] P. R. O., CO5-1357-129. + +[1012] P. R. O., CO5-1357-130. + +[1013] McD., Vol. VII, pp. 437-441. + +[1014] Sains., Vol. IV, p. 226; P. R. O., CO5-1357-127. + +[1015] McD., Vol. VII, pp. 437-441; Jour. H. of B., 1688, p. 13. + +[1016] P. R. O., CO5-1355-313; Jour. H. of B., 1688, p. 29. + +[1017] P. R. O., CO5-1357-218. + +[1018] Jour. H. of B., 1688, pp. 82, 83. + +[1019] Jour. H. of B., 1688, pp. 82, 83. + +[1020] Jour, H. of B., 1688, p. 50. + +[1021] Jour. H. of B., 1688, p. 116. + +[1022] P. R. O., CO5-1357-248. + +[1023] P. R. O., CO5-1357-38, 39. + +[1024] Jour. H. of B., 1688, p. 8; McD., Vol. VII, pp. 437-441. + +[1025] P. R. O., CO5-1357-229. + +[1026] McD., Vol. VII, p. 316. + +[1027] McD., Vol. VII, p. 316. + +[1028] P. R. O., CO5-1357-236. + +[1029] Sains., Vol. IV, p. 215. + +[1030] P. R. O., CO5-1357-247, 248. + +[1031] Sains., Vol. IV, pp. 233, 234. + +[1032] Sains., Vol. IV, p. 243. + +[1033] Sains., Vol. IV, p. 246. + +[1034] Sains., Vol. IV, p. 254. + + + + +INDEX + + +_Abigall_, brings contagion, 46. + +Accomac, see also Eastern Shore, 80; + Berkeley flees to, 171; + expedition against, 176, 177; 182; 184; 186; 195; 197. + +_Adam and Eve_, ship, captures Bacon, 163; 177; 203. + +Adams, Peter, excepted from pardon, 202. + +_Admirall_, ship, 128, 129. + +Allen, Arthur, 251, 253. + +Allerton, Isaac, 229; + corrupt bargain of, 230. + +Anderson, William, 257. + +Annelectons, aid in Susquehannock defeat, 160. + +Apachisco, negotiates peace, 26. + +Appomatocks, expedition against, 52. + +Appomattox, river, 21. + +Archer, Gabriel, admitted to Council, tries to establish a parliament, 6; 8; + helps depose Smith, 10. + +Argoll, Samuel, 19; + enforces laws, 23; + captures Pocahontas, 25. + +Arlington, Earl of, grant to of Virginia, 123, 124; + yields his rights, 125; 145; 245. + +Arnold, Anthony, excepted from pardon, 202; + hanged, 204. + +Assembly, General, attempt to establish, 6; + early desire for, 8; + describes tyranny of Governors, 24; + established, 1619, 36; + convenes, 37; + legislative powers of, 38; + control over taxation, 39; + judicial functions of, 40; + Council the upper house of, 41; 42; + describes Indian war, 51; + supports Company, 60; 61; + saved, 62; + restored, 63; 64; + Harvey usurps powers of, 72; 73; + refuses tobacco contract, 74; 76; + Council summons, 1636, 77; + elects West Governor, 78; 79; 86; + opposes revival of Company, 88; 91; + persecutes Puritans, 92; + acknowledges Charles II, 95; + defies Parliament, 98; + surrenders, 100; 102; + Northampton petitions, 104; 105; 106; 107; 108; + contest in, 109; + elects Berkeley Governor, 110; + Berkeley addresses, 111; 112; 115; + encourages manufacture, 119; 122; + protests to King, 124; 125; 133; 134; + Long Assembly, 135; 136; 137; 138; 140; 143; + erects forts, 151, 152; + hatred of, 153; + Berkeley dissolves, 1676, 158, 159; + Bacon elected to, 162; 163; + Bacon threatens, 168; + liberal laws of, 169, 170; + Bacon summons, 173; + interrupted, 178; 204; + supports Berkeley, 206, 207; + protest of, 1677, 214; + session of October, 1677, 218, 219; + session of 1679, 222; + rights of attacked, 226; + session of 1682, 233; + appeals to forbidden, 241, 242; + petition of 242, 243; + quarrels with Effingham over, taxation, 244, 245; + quit-rents, 245, 246; + veto power, 246, 247, 248, 249; + the clerk, 249, 250. + +Austin, Black, executed, 238. + + +Bacon, Nathaniel, the rebel, 123; + accuses Burgesses, 133, 134; + describes abuses of the rich, 135; + Berkeley jealous of, 144; 145; + character of, 154; + becomes leader of rebels, 155; + prepares to attack Indians, 156; + attacks Indians, 157; + proclaimed a rebel, 158; + pursues Susquehannocks, 159; + visits Occaneeches, 160; + battle with Occaneechees, 161, 162; + elected Burgess, 162; + captured, 163; + pardoned, 164; + flees from Jamestown, 165; + seizes Jamestown, 166; + demands commission, 167; + new demands of, 168; + secures liberal laws, 169, 170; + prepares new Indian expedition, 171; + marches against Berkeley, 171; + resolves to defy King, 172; + forces oaths on prominent men, 173; + attacks Pamunkeys, 174, 175; + marches on Jamestown, 178, 179; + repulses Berkeley's attack, 180; + enters Jamestown, 181; + burns Jamestown, 182; + binds Gloucestermen, 183, 184; + death of in October, 1676, 184; 186; 187; + executive ability of, 190; 195; 196; 202; 222. + +Bacon, Colonel Nathaniel, 108; + cousin of the Rebel, 154; + rebels at house of, 185; 189. + +Bacon's Rebellion, see Bacon, 114; 121; + interrupts Virginia charter, 126; 127; 135; 136; 139; 144; + outbreak of, 155; + events of, 155 to 194; + collapses, 190; + anarchy of, 191; + results of, 223. + +Bahama, Gulf of, fleet wrecked in, 9. + +Ballard, Thomas, takes Bacon's oaths, 173; + excluded from Council, 216; 229; 252. + +Baltimore, Lord, (Cecilius Calvert) sends colonists to Maryland, 70; 71; 72; 118; + prohibits cessation in Maryland, 122; 123; 238. + +Baltimore, Lord, (George Calvert) colony of in Newfoundland, 68; + secures Maryland patent, death of, 69. + +Barrow, James, injustice to, 198. + +Beale, Thomas, excepted from pardon, 203. + +Bennett, Richard, invites Puritan preachers, 92; + Governor, 103; + appeases Northampton, 105; + Burgesses rebuke, 106. + +Berkeley, Lord John, 131; 201; 213; + attacks King's commissioners, 215. + +Berkeley, Sir William, 12; + Governor, 84; + character of, 85; + just rule of, 86; + equalizes taxes, 87; + opposes Company, 88; + conquers Indians, 90; + loyalty of to King, 91; + persecutes Puritans, 92; + fears assassination, 94; + speech of defying Parliament, 96, 97, 98; + expedition against, 99; + surrenders, 100; + terms with Parliament, 101; 103; + elected Governor, 1660, 110; + speech of, 111; + accepts office, 112; + letter of to Charles II, 113; 114; + becomes changed, 115; + opposes Navigation Acts, 120; + efforts for cessation, 122; + Baltimore angers, 123; + fears mutiny, 126, 127; + prepares to attack Dutch, 1667, 128, 129; + complains of freight rates, 131; + controls elections, 133; + corrupts Burgesses, 134; + retains Long Assembly, 135, 136; + controls local government, 137, 138, 139; + evidence against partizan, 143; + views upon government, 144, 145; + sells arms to Indians, 147; + recalls army, 151; + wants defensive war, 152; + quarrels with Bacon, 154; + refuses Bacon a commission, 156; + pursues Bacon, 157; + proclaims Bacon a rebel, 158; + dissolves Long Assembly, 158, 159; + captures Bacon, 163; + pardons Bacon, 164; + Bacon escapes from, 165; + Bacon seizes, 166; + grants commission, 167; + yields to Bacon, 168; + tries to raise forces, 170; + flees to Accomac, 171; + rebels attack, 174; + captures rebel fleet, 176, 177; + captures Jamestown, 178; + Bacon marches on, 179; + repulsed, 180; + flees, 181; + sails for Accomac, 182; + controls navy, 185; + raids of on Western Shore, 186; + expedition of to York River, 187, 188, 189, 190; + offers Ingram pardon, 191; + rebels surrender to, 191, 192; + Charles II blames, 195; + recalled, 196; + illegal seizures of, 197, 198; + angry at commissioners, 199, 200; + refuses to leave, 201; + proclamation of, 202, 203; + continues executions, 203, 204; + controls Assembly, 205, 206; + dread of, 207; + Jeffreys' proclamation angers, 209, 210; + death of, 211; + compared with Effingham, 252. + +Berkeley, Lady, letter of to Moryson, 204; 208; 210; 220. + +Bermuda Hundred, Dale founds, 21; 116. + +Bermudas, _Sea Adventure_ wrecked in, 9. + +Berry, John, King's commissioner, 196; + arrives, 199; 200; + insulted, 208; + returns to England, 215; + influence of, 215, 216, 217. + +Beverley, Robert, captures Hansford, 156; + invades Gloucester, 187, 188; + journals taken from, 213, 214; + dismissed from office, 216; 217; 220; + continued as Clerk of Assembly, 221; + prosecution of, 235, 236, 237; + alters bill, 248; + Effingham censures, 249; 252; 253. + +_Black George_, Harveys sails in, 79. + +Bland, Gyles, complains of poll tax, 139; + leads rebel fleet, 174; 176; + captured, 177; 183; + excepted from pardon, 202; + executed, 203. + +Bland, John, attacks Navigation Acts, 119. + +Blayton, Thomas, excepted from pardon, 202. + +Bowler, Thomas, excepted from pardon, 203. + +Bray, Colonel, excluded from Council, 216; 220. + +Brent, Gyles, pursues Indians, 146, 147; 149; + joins Pamunkey expedition, 174; + marches against Bacon, 182; + his forces flee, 183. + +Brick House, rebel forces at, 193. + +_Bristol_, conferences on board of, 200. + +Bristow, Major, 188, 189. + +Buck, Rev., preaches at Jamestown, 17; + prayer of, 37. + +Burgesses, in first Assembly, 36; + how distributed in 1619, 37; 39; 40; 41; + coerced by Governor, 42; + sympathize with Company, 60; + defy Charles I, 63; 64; 74; + exempted from arrest, 87; 100; + supreame power in Virginia, 1652, 102; 103; 104; 105; + contest with Council, 106; + dismiss Governor, 107; 108; 109; + reassert power, 1660, 110; 114; + Berkeley controls elections of, 133; + Berkeley corrupts, 134, 135; 136; 137; 145; + Bacon elected to, 162; + Bacon threatens, 168; + frauds in elections of, 205, 206; + records of seized, 213, 214; + protest of, 214; + electoral frauds, 218; + elections of in 1679, 222; + become more representative of the people, 224; + oppose revenue bill, 229, 230, 231; + struggle of with Effingham over, taxation, 244, 245; + quit-rents, 245, 246; + veto power, 246 to 249; + clerk, 249, 250. + +Butler, Nathaniel, describes mortality in Virginia, 12; + attacks London Company, 56. + +Byrd, William, 229. + + + +Calvert, Cecilius, see Lord Baltimore. + +Calvert, George, see Lord Baltimore. + +Calvert, Leonard, Governor of Maryland, 70; + war with Claiborne, 71. + +Carter, John, 229. + +Carver, William, commands rebel fleet, 174; + visits Berkeley, 176; + captured and hanged, 177; 183; 222. + +Causie, beats off Indians, 49. + +Cessation, of tobacco planting, attempts to secure, 121, 122, 123; + asked, 1682, 232; + Burgesses eager for, 233; 238; 239. + +Chanco, reveals Indian plot, 48. + +Charles I, 42; + his plans for Virginia, 62; + calls Assembly, 1627, 63; 65; 66; + grants Maryland charter, 69; 70; + asks tobacco contract, 74; + angered at Virginians, 78; + restores Harvey, 79; 80; + forgets Harvey case, 82; 85; + Virginians' loyalty pleases, 88; 90; 94; + executed, 95; 97; 102; 111. + +Charles II, 40; 85; + proclaimed King, 1649, 89; + Virginians cling to, 98; 101; 110; + reappoints Berkeley, 113; + oppresses Virginia, 115; + approves Navigation Acts, 117; 119; 120; + forbids cessation, 121; + blind to disaffection in Virginia, 123; + makes Arlington-Culpeper grant, 124; + grants new Virginia patent, 126; 140; + Bacon's Rebellion alarms, 195; + sends commission to Virginia, 196; 199; 200; + anger of at Berkeley, 210; 211; + angry at Assembly, 214, 215; 224; 225; 226; 227; + death of, 243. + +Charles City, county, complains of Berkeley, 136; + charges of corruption in, 138; 142; + petition from, 153; + people of take arms, 154; + electoral frauds in, 205; 216. + +Charters:--the royal charter of 1606, 2; 31; + provisions of, 34; 57; + the royal charter of 1609, Sandys draws up, 8; + Governors disregard, 24; 31; + gives Company control of colony, 35; + the popular charter of 1612, 35; 54; + James I attacks, 56, 57; + revoked, 59, 60; + the proposed charter of 1621, 54; + Maryland charter, Baltimore secures, 69: + new Virginia charter, 124, 125. + +Cheesman, Major, captured, 186; + death of, 187. + +Chesapeake Bay, first fleet enters, 1; 3; + Capt. Smith explores, 7; 70; + naval war in, 71; + Dutch fleet enters, 1667, 128; + battle with Dutch in, 1672, 129, 130; 146; 171. + +Chicheley, Sir Henry, commands Indian forces, 1676, 151; + acting Governor, 1678, 221; + holds fair election, 222; 230; + defies Burgesses, 233; 234; 235; 236; 237; 238. + +Chickahominies, peace with, 26; + expedition against, 52. + +Chiles, Colonel, 106. + +Claiborne, William, in England, 69; + makes war on Maryland, 71; 107. + +Clovell, killed by Indians, 14. + +_Cockatrice_, Marylanders capture, 71. + +Commissions:--commission to investigate Company, 56; + unfavorable report, 57: + commission in Virginia, 1624, 60; 61; 64; + Mandeville commission, for Virginia affairs, 61; + abolished, 62; + Parliamentary commission, to reduce Virginia, 99; + secures surrender, 100; + grants favorable terms, 101; + establishes new government, 102; + taxes Northampton, 104; 105: + King's commission of 1676-1677, to receive Virginia grievances, 121, 122; 127; + thinks poll tax unjust, 139; 142; + hostile to Berkeley, 143; 144; 177; 184; + appointment of, 196; + Berkeley angry at, 199, 200; + conference of with Berkeley, 200, 201; + wants King's pardon published, 202; + Assembly snubs, 206; + leads opposition + party, 207; + insulted, 208; + reports Berkeley's disobedience, 210; + receives grievances, 212, 213; + seizes journals, 213, 214; + report of, 215; + Virginia commission to Maryland, to secure cessation, 122. + +Commonwealth of England, 85; 86; + defied by Berkeley, 96; + sends expedition to Virginia, 99; + Virginia surrenders to, 100; 103. + +Commonwealth Period, 42; + government of Virginia during, 102; 110; + ended, 114; 115; 116. + +Commons of Virginia, see Middle Class. + +Conway, Captain, Dutch take shallop of, 127, 128. + +Council, resident in England, King appoints, 2; + warning of, 10; + determination of, 31; 34. + +Council of State, of Commonwealth, 95; + warns Berkeley, 96; + sends expedition to Virginia, 99; 100; 102; 103; + letter from, 108. + +Council of Virginia; 1606-1610, great powers of, 2; + selections for, 3; + discord in, 3, 4; + disruption of, 4; + deposes Wingfield, 4, 5; + tyranny of, 5; + reduced to two, 7; + abolished, 8; + acts to depose Smith, 10; 34; + 1610-1619, an advisory body, 17; + 1619-1689, part of Assembly, 36; 37; 39; + powers of, 41; + Indians kill six of, 50; + sympathizes with Company, 60; + punishes Sharpless, 61; 62; 63; 64; + Harvey wishes to restrain, 65; + quarrels with Harvey, 67, 68; + gets rid of Baltimore, 69; 70; + hostile to Maryland, 71; 72; + threatens Harvey, 73; 74; 75; + arrests Harvey, 76; + expels Harvey, 77; + revised, 80; 86; 87; 93; 100; + agreement of with Commonwealth, 101; + elected by Burgesses, 1652, 102; 105; + contest with Burgesses, 106; + Burgesses dismiss, 107; + seeks lost power, 108; + assumes authority, 109; 129; + submission of to Berkeley, 133; 137; + praises Berkeley, 143, 144; + Bacon appointed to, 164; + Bacon coerces, 168; 169; 200; 201; 217; 220; 228; 229; + prosecutes Beverley, 235, 236, 237; + quarrel of over Bill of Ports, 247, 248, 249; + +Courts, Council sits as a court, 34; 35; + Assembly acts as a court, 40; 41; + Governor's misuse of, 66; 78; 79; + Harvey master of, 80; 81; + Berkeley does not abuse, 86; 133; + local courts, 137; + Berkeley controls, 138; + judicial functions of Assembly abolished, 241, 242. + +Coventry, Secretary, 207; + letter of to Berkeley, 210, 211; + protects King's commissioners, 215; 221; 225. + +Crimson, Abraham, captures tobacco fleet, 127, 128, 129. + +Cromwell, Oliver, 102; + neglects Virginia, 103; 107; + death of, 108. + +Cromwell, Richard, Lord Protector, 108; + resigns, 109. + +Culpeper, Thomas Lord, grant to of Virginia, 123, 124; + yields his rights, 125; 145; + Governor, 1677, 212; 219; 220; 222; + instructions to, 226, 227; + arrives in Virginia, 228; + insists on revenue bill, 229, 230, 231; + warned, 232; + hastens to Virginia, 237; + prosecutes plant-cutters, 237, 238; + deposed, 239; + character of, 239, 240; 241; 244; 245; 247. + +Curls of the River, 24. + + +Dale, Sir Thomas, Deputy-Governor, 1611, 19; + founds Henrico, 19, 21; + secures corn crop, 22; + educates Pocahontas, 25; + returns to England, 27; 35; 36. + +Davies, Somerset, 238. + +De la Warr, Thomas Lord, first Governor, 8; 11; + prevents desertion of Virginia, 16; + assumes government, 17; + restores prosperity, 17, 18; + becomes ill, 18, 19; 22; 23; + brings new constitution, dies at sea, 1618, 35; 64. + +Denis, Robert, commands fleet to Virginia, 99. + +Devil's Island, colonists wrecked on, 10; 16; 22. + +DeVries, describes sickness, 12. + +Digges, Edward, Governor, 106. + +_Discovery_, sails for Virginia, 1, 11. + +Doeg, Indians, 146, 147. + +Drew, Colonel, rebel leader, 185. + +Drummond, William, Bacon visits, 163; + Berkeley excepts from pardon, 178; 182; 190; + captured, 193; + executed, 194. + +_Duke of York_, ship, 236. + +Dutch, 85; + take Virginia tobacco, 96, 98; 100; + on the Eastern Shore, 104; 105; 114; 115; + contest carrying trade, 116; + cut off from tobacco trade, 117; 118; 119; + capture tobacco fleet, 1667, 127, 128, 129; + battle with in Chesapeake Bay, 1672, 129, 130; 131; 132; 142; 145; 172. + +Dysentery, epidemic of in Virginia, 11; 15; + De la Warr suffers from 19; + Bacon dies of, 184. + + +Earleton, Stephen, excepted from pardon, 202. + +Eastern Shore, see also Accomac, ill affected, 103; + grievances of, 104; + disorders of suppressed, 105; + Berkeley flees to, 171; + expedition against, 174, 176, 177; + Berkeley returns to, 182; 184; 186; 197; 236. + +Effingham, Lord Howard, Governor, 239; + character of, 240; + forbids appeals to Assembly, 241, 242; + proclaims James II, 243; + quarrels with Burgesses over, taxation, 244, 245, + quit-rents, 245, 246, + veto power, 246, 247, 248, 249, + their clerk, 249, 250; + oppressions of, 251, 252; + quarrels with Ludwell, 253, 254; + Burgesses complain of, 254, 255; + prevents riots, 256; 257; + overthrow of, 258. + +_Elizabeth_, frigate, captured by Dutch, 127, 128, 129. + +Elizabeth, river, merchantmen escape into, 1667, 128. + +Elizabeth City, 66; 67; + temporary capital, 80. + +English Church, desire to extend, 31; + to convert Indians, 44; 48; + large planters adhere to, 91. + +English Revolution, 40; 42; + a victory for Virginia, 256, 257. + +Epidemics, see Sickness. + + +Fairfax, Thomas, 196. + +Famines, frequent, 2; + Indians and epidemics cause, 14; + misery of described, 15; + eliminated on upper James, 23; + English bring on Indians, 51, 52. + +Farrar, William, 76. + +Farrar's Island, see Henrico. + +Farrill, Hubert, Bacon entrusted to, 163; + attacks Bacon's House, 189; killed, 190. + +Fees, limited, 87. + +First Supply, Newport brings, 6. + +Fitzhugh, William, 229. [** missing page?] + + +Gardner, Captain, fights Dutch, 130; + captures Bacon, 163. + +Gates, Sir Thomas, first Lieutenant-Governor, 8; + wrecked in Bermudas, 9; 10; + ends first royal government, 10; + to abandon Virginia, 16; + returns, Councillor, 17; 19; + again in Virginia, 21; + posts laws, 1610, 22; 27; 35. + +_George_, takes tobacco to England, 28. + +Gloucester, county, Berkeley active in, 170; 171; + Bacon in, 182; + Bacon coerces, 183, 184; + Bacon dies in, 184; 185; + military movements in, 187, 188, 189; 190; 207; + plant-cutting in, 234, 235; 237; 238. + +Goodrich, Thomas, excepted from pardon, 202. + +_Goodspeed_, sails for Virginia, 1; 11. + +Gosnold, Bartholomew, made Councillor, 3; + death of, 4. + +Grantham, Captain, envoy to Ingram, 191; + secures surrender of rebels, 192. + +Green Spring, 159; 182; + rebels at, 185; 200; + Assembly at, 205; 208; 213; 218. + +Green Spring faction, 217; + controls elections, 218; 219; + activity of, 220; + Culpeper supports, 228; + pleads for Ludwell, 229; 253. + +Grindon, Sara, excepted from pardon, 203. + + +Hamor, Ralph, 26; 49. + +Hamor, Thomas, 49. + +Hansford, Colonel, rebel leader, 185; + captured and hanged, 186. + +Harrison, Benjamin, 229. + +Harrison, Thomas, becomes a Puritan, 92; + expelled from his parish, 93; 95; 96. + +Harvey, John, describes Indian war, 52; + commissioner to Virginia, 60; + Governor, 64; + attacks Pott, 65; 66; + quarrels with Council, 67; + wants greater power, 68; + aids Marylanders, 70; + arbitrary rule of, 72; 73; + seizes a servant, 73; + detains letter to King, 74; + arrests rioters, 75; + Council arrests, 76; + expelled from Virginia, 77; + in England, 78; + reinstated, 79; + tyranny of, 80; + seizes Matthews' estate, 81; + attacked in England, 82; + removed, 83; + prosecuted, 84; 85; 86. + +Harwood, Thomas, envoy to England, 1636, 78; 79. + +Henrico, county, Bacon resides in, 154; + Berkeley in, 159; + Bacon Burgess from, 162; + Bacon flees to, 165; 174; 178. + +Henrico, plantation, Dale founds, 19, 21; 22; 24; 43; + college of, 44. + +Hill, Edward, deprived of office, 216; 220. + +Holden, Robert, excepted from pardon, 202. + +Holland, see Dutch. + +Hopton, Lord, 124. + + +Indians, a menace, 2; + attack Jamestown, 13; + destroy corn, 14; 15; 16; + war with continues, 18; + Dale seeks stronghold against, 19; + driven from Bermuda Hundred, 21; + peace with, 25; 26; 27; + destroy iron works, 43; + college for, 44; + friendship of, 47; + plan massacre, 48; + massacre of 1622, 49; 50; + war with, 50 to 54; 56; + long peace with, 88; + massacre of 1644, 89; + make peace, 90; 91; + conspiracy of rumored, 104; 122; + raid of, 1675, 146; + war with, 147, 149, 150, 152; + kill Bacon's overseer, 155; + Bacon prepares to attack, 156; + war with, 157 to 162; 167; + again on war path, 170; + Bacon again attacks, 175 to 176; 178. + +Ingram, General, election of, 184; + disposes rebel forces, 185; + captures Pate's House, 188; + rebel army surrenders to, 189; + his lack of executive ability, 190; + his surrender, 191; 193; 206. + +Isle of Wight, county, 136; + complaints from, 138; 140; 143; + subdued, 190; 207. + +Isles, John, executed, 203. + + +_James_, ship, 231. + +James I, 2; 6; + grants charter of 1609; 8; + wants American empire, 29; + interest in Virginia, 30; + opposes liberal government, 32; + grants charters, 34; + restricts tobacco, 45; + angry at Company, 54; + ultimatum, 55; + investigates Company, 56; + offers new compromise, 57, 58; + overthrows Company, 59; + death of, 61; 64; 65. + +James II, 40; 42; 224; + accession of, 243; 244; 246; + rebukes Assembly, 249; + deposed, 255; 256. + +James City, county, 107; + complains of forts, 142; 218; 254. + +James, river, first fleet enters, 1; 7; 21; 43; 47; 79; 85; 89; 90; 98; 99; 100; 120; + battle with Dutch in, 127, 128, 129; 130; + forts on, 141; 142; 153; + Berkeley at falls of, 157; + Bacon descends, 163; 171; 174; + Berkeley in, 181, 182; 185; + rebels defeated on, 190; 199; + English fleet in, 200. + +James, Thomas, preaches in Virginia, 92. + +Jamestown, founded, 1; + fleet arrives at 1609, 9; 10; + site objected to, 11; + Indians attack, 13; 14; + Gates finds ruined, 16; 18; + Dale reaches, 19; 21; 22; + tobacco in streets of, 24; 25; 31; + first Assembly at, 37; 48; 53; 63; + Baltimore visits, 69; 77; 80; 90; + defended by Berkeley, 100; 104; 110; 122; 130; + houses built at, 140; + fort at, 141; + Bacon visits, 163; 164; + Bacon flees from, 165; + Bacon seizes, 166; + Bacon at, 167, 168; 177; + Berkeley captures, 178; + Bacon besieges, 179, 180; + Bacon captures, 181; + Bacon burns, 182; 233; 238. + +Japazaws, Indian king, 25. + +Jeffreys, Herbert, 137; 144; + Lieutenant-Governor, 196; + leaves for Virginia, 197; 199; + arrives, 200; + yields to Berkeley, 201; 207; + insulted, 208; + proclamation of, 209; 210; 211; 214; + opposition to, 216; + illness of, 217, 218; + prosecutes Ludwell, 219; + again ill, 220; + death of, 221; 223; 229. + +Jenkins, Sir Lionel, 225; 238; 243. + +Jennings, John, excepted from pardon, 202. + +Jones, William, approves new Virginia charter, 126. + +Jones, Robert, excepted from pardon, 202; + Moryson pleads for, 203; + pardoned, 204. + +Judiciary, see Courts. + + +Kecoughtan, 90. + +Kemp, Matthew, 229; 234; 235. + +Kemp, Richard, given inadvertently as _Matthew_ Kemp on page 22; + pillages Matthews' estate, 81; + quarrel of with Panton, 82; 83; + prosecuted, 84. + +Kendall, George, Councillor, 3; + expelled + from Council, 4; + tried for mutiny, shot, 5. + +Kent Island, Claiborne settles, 71; 72; 73. + +Knight, John, 145. + +Knowles, John, Puritan minister, 92. + + +Larrimore, Captain, Bacon seizes ship of, 174; + plots to aid Berkeley, 176; + aids in capture of rebels, 177; 211. + +Law, 23; + the Divine, Moral and Martial laws, 23; + cruelty of, 23, 24; 38; + against seizing servants, 73; + against Puritans, 92; + laws to encourage manufacture, 119; 140; + Bacon's Laws, 169, 170; + laws of 1679, 222; + Culpeper passes three laws, 229, 230, 231. + +Lawrence, Henry, letter of to Virginia, 108; 109. + +Lawrence, Richard, Bacon visits, 163; + flees from Jamestown, 178; 182; + disposes of Bacon's body, 184; 190; 192; + flight of, 193, 194; + excepted from pardon, 202; + feared, 205. + +Lightfoot, Philip, takes Bacon's oaths, 173. + +London Company, 2; 3; 6; 7; + secures charter of 1609, 8; 15; 17; + sends Dale, 19; 22; 24; + takes tobacco, 28; 29; + aids Pilgrims, 30; + motives of, 31; + England supports, 32; + liberalism in, 32; 35; 36; 38; 42; + sends more settlers, 43; + tobacco restrictions injure, 45; 46; + massacre of 1622 discourages, 50; + King hostile to, 54; 55; + investigated, 56; 57; + rejects King's compromise, 58; + charters of revoked, 59; 60; 62; + plan to revive, 83; 87; 120; 124. + +Lower Norfolk, county, 121; + taxation in, 138. + +Loyd, Edward, imprisoned by Berkeley, 198. + +Ludwell, Philip, captures rebel fleet, 177; 189; + excluded from Council, 216; 217; + Jeffreys prosecutes, 219; + convicted, 220; + restored to Council, 229; + quarrels with Effingham, 253; + success of in England, 257, 258. + +Ludwell, Thomas, 86; 131; 132; 136; 141; 220. + +Lynhaven Bay, 129. + + +Magna Charta, of Virginia, Yeardley brings, 35; + government established under, 36; 38; 61; 64. + +Malaria, epidemic of in Virginia, 11; 15. + +Mannakins, 160. + +Martin, John, Councillor, 3; + helps depose Wingfield, 4, 5; 6; 10; + his Burgesses not admitted, 38. + +Martin's Hundred, 37; 38. + +Mary, Queen, 256. + +Maryland, 68; 69; + founded, 70; + war of with Claiborne, 71; 72; 77; 79; 116; + agrees to cessation, 122; 123; 127; + fleet of saved, 130; 146; 147; + Indian war in, 149, 150; 238. + +Mason, Colonel, 146; 147; 149. + +Massacres: of 1622, 47; 48; + details of, 49, 50; 88; 89; of 1644, 89; + details of, 89; 92; 147. + +Mathews, Thomas, 202. + +Matthews, Samuel, commissioner, 1624, 60; + Harvey favors, 65; + leads Council, 68; + complains of Maryland, 72; + threatens Harvey, 73; 74; + arrests Harvey, 76; + helps expel Harvey, 77; + accused of treason, 79; + expelled from Council, 80; + estate of seized, 81; 82; 83; + restored to Council, 86; + Governor, 106; + deposed but reëlected, 107; 108; + death of, 109. + +Mattapony, river, 185. + +Middle class, 92; + formation of, 93; + freedmen recruit, 94; 102; 131. + +Middlesex, county, 171; 185; 187; + rises for Berkeley, 188; 190; 235; 236; 237. + +Milner, Thomas, 173; 243; 251; 252. + +Minifie, George, arrests Harvey, 76; 77; 79; + restored to Council, 86. + +Molina, 12; + testifies to cruelty, 23. + +Monmouth, Duke of, 243; 244. + +Mortality, see sickness. + +Moryson, Francis, King's commissioner, 196; 199; 200; + intercedes for Jones, 203; 204; + insulted, 208; 215; + influence of, 215; 216; 217; 241. + + +Nansemond, county, 95; 129; 130; 142; 143; 207. + +Nansemonds, 52; 146. + +Navigation Acts, 103; 104; 114; + act of 1651, 116; + act of 1660, 117; + effect of on Virginia, 118; + Berkeley protests against, 120; + act of 1672, 121; 123; 127; 172; 222. + +Necotowance, 90. + +New Kent, county, 156; 178; 193; 235. + +Newport, Christopher, 1; + Councillor, 3; 4; 5; 6; 11; + saves Smith, 6; + brings Second Supply, 7; 8; + Vice-Admiral, 8; 9; 11; 17. + +Nicholson, Francis, 257; + Governor, 258. + +Northampton, county, 103; 104; 105; 236. + +North Carolina, efforts for cessation in, 121; 122; 123. + +Northern Neck, grant of, 124; 125; 126. + +Notley, Governor Thomas, 137. + +Nottoways, 146. + + +Occaneechees, 159; 160; + defeat of, 161, 162; 174. + +Opechancanough, plans massacre of 1622, 48; 52; 53; 89; + death of, 90; 147. + + +Pace, Richard, given by typographical error as Race in text, 48. + +Page, Francis, 250. + +Page, John, 229. + +Pamunkey, river, 185. + +Pamaunkeys, victory over, 1624, 53; 146; 151; 156; 157; + Bacon defeats, 174, 175; 178. + +Panton, Anthony, trial of, 82; 83; 84; 85. + +Parke, Daniel, 218; 219. + +Parliament, 32; 33; 34; + protects merchants, 39; 42; 54; + Company appeals to, 58; 87; 91; + sympathy with in Virginia, 92, 93, 94; 95; + blockades Virginia, 96; 98; + sends fleet against Virginia, 99; + Virginia surrenders to, 101; + passes Navigation Acts, 116; 120; 121. + +Patents, see charters. + +Pate's House, Bacon dies at, 184; + Ingram captures, 188. + +Peninsula, the, between the James and the York, 185. + +Percy, George, President, 10; + tells of sickness, 11; + Councillor, 17; + acting Governor, 19. + +Persicles, 159; + defeats Susquehannocks, 160; + Bacon defeats, 161; + death of, 161. + +Phelps, John, 202. + +Pierce, William, 77; 79; 80; 82; 86. + +Pierse, Thomas, 37. + +Piersey, Abraham, commissioner in 1624, 60. + +Pilgrims, see Puritans. + +Plague, London, epidemic of, 13; 15. + +Plymouth, 78; 118. + +Pocahontas, captured, 25; + marries Rolfe, 26; 47; 88. + +Point Comfort, 16; 70; 71; 80; + fort at destroyed, 132; 141. + +Pomfoy, Richard, executed, 203. + +Population, 114. + +Pory, John, commissioner in 1624, 60; 61. + +Potomac, river, 25; 69; 71; 120; 124; 141; 146; 149; 159; 174; 182; 256. + +Potts, John, acting Governor, 64; + arrested, 65; + convicted, 66; 67; 69; 76; 77; 78; 82. + +Pountis, John, represents Assembly in England, 61. + +Powell, William, 52. + +Powhatan, 25; 26; 89; 147. + +President, duties of, 2, 3; 4; 5; 9; 10. + +Privy Council, 2; 54; + sends commission to Virginia, 62; 65; 68; + acquits Harvey, 79; 81; 82; + removes Harvey, 83; 84; 214; 215; 216; 226; 227; 232; 238; 239; 240; 241; 243; 244; 251; 257. + +Protector, Lord, see Cromwell. + +Purifee, Capt, 77. + +Puritans, 30; + of Virginia, 92; + hostile to King, 93; 95; 99; 103. + + +Quit-rents, 124; 230; + quarrel over, 245, 246. + + +Rappahannock, river, 25; 124; 141; 151; 179; 182; 185; 256. + +Ratcliffe, John, Councillor, 3; + President, 4; 5; + deposed, 7; 8; + helps depose Smith, 10. + +Read, James, 5. + +Reade's House, rebels posted at, 185; + captured, 186. + +Representative government, attempt to establish, 6; + James I opposes, 32; + desire for in Company, 33; + none at first, 34; + decided upon, 35; + established, 36; 54; + causes James I to attack Company, 55; + Virginians plead for, 60; + Charles I opposes, 62; 91; + advocates of in Virginia, 93; + under the Commonwealth, 102; + people schooled in, 114; + Berkeley undermines, 133, 134, 135, 136, 137, 138; + Berkeley does not believe in, 144; 153; + struggle for, 223. + +Restoration Period, 42; + unfortunate for Virginia, 115; + Navigation Acts in, 117; 138; 224; 252. + +Restoration, of Stuarts, 110; + accepted in Virginia, 113; + effects of on Virginia, 115; 117; 135. + +Richahecrians, 156. + +Roanoke, river, 159; + battle at, 160, 161; 162; + Bacon plans to retreat to, 172. + +Rolfe, John, 25; + marries Pocahontas, 26; 27; 28; 47; 88. + + +Saint Mary's, founded, 71; 72; 73; + conference at, 122. + +Sandy Bay, 166; + Bacon guards, 167; + Bacon's camp at, 179; + battle at, 180; 181; 183. + +Sandys, Sir Edwin, draws up charter of 1609, 8; + liberal leader, 33; 34; + designs liberal government, 35; 43; 45; 46; 47; 50; 54; + imprisoned, 55; 56; 60; 61; 62. + +Sandys, George, 44; 46; 52; + tries to revive Company, 87. + +_Sarah Constant_, sails for Virginia, 1; 11. + +Scarburgh, Charles, 251. + +Scarburgh, William, executed, 203. + +Scrivener, Matthew, drowned, 7. + +Scurvy, infects immigrants, 15; 19. + +_Sea Adventure_, wrecked, 9; 10. + +_Sea Flower_, 15. + +"Seasoned", see sickness. + +Second Supply, Newport brings, 7. + +Senecas, 146; 160; 256. + +Sharpless, Edward, 61. + +Sherwood. William, 136; + forfeits Berkeley's favor, 137; 205; + claims frauds in elections, 218; 220; 243; 251. + +Sickness, 2; + disastrous, 10; + in 1607, 11; + in 1610, 12; 18; + visitors describe, 12; + immigrant ships spread, 13; 18; 19; + reduced, 21; + renewal of, 25; 44; 45; + thousands die of, 46; + declines, 1624, 47; 56; 57; 64; 115; + attacks Jeffreys, 217. + +Smith, Captain John, restrained, 3; + restored to Council, 4; + deposes Wingfield, 4, 5; 6; + President, 7; + his plots, 9; + deposed, 10; 11; + describes famine, 14; 15. + +Smith, Mr. John, 251. + +Smith, Lawrence, in Gloucester, 188; 189. + +Smith, Sir Thomas, 24; 61. + +Spaniards, colonists fear, 1; 5; 22; 29; 32; 45; 89. + +Spencer, Nicholas, 228; 235; 247; 250. + +Spotswood, Alexander, 44. + +Spring, Robert, excepted from pardon, 202. + +Stafford, county, Indian raid in, 146. + +Stevens, Capt, 74. + +Stoakes, Robert, executed, 203. + +Strachey, William, 17. + +Sturdivant, John, 202. + +Stuyvesant, Governor, 113. + +Swann, Thomas, 173; 200; 201; + excepted from pardon, 203; + restored to Council, 216. + +Summers, George, admiral, 8; + wrecked, 9; 11. + +Surry, county, 138; subdued, 190. + +Susquehannocks, 91; + press south, 146; + war with, 147; + fort besieged, 149, 150; + atrocities of, 150; 151; 156; 158; + Bacon pursues, 159; + Occaneechees defeat, 160; 161; 174. + + +Tanx-Powhatans, war against, 52. + +Tappahatomaks, 52. + +Taxation, 39; 40; + Harvey's illegal, 72, 73; 79; + attempt to equalize, 87; 91; 101; + Northampton complains of, 104; 105; 115; 120; 125; 126; 135; + local, 138; + by poll, 139; 140; 141; 142; + rebels refuse to pay, 167; 207; 227; + Assembly's control of attacked, 229, 230, 231; 244; 245. + +Thompson, William, 92. + +Thorpe, Rev. George, Indians kill, 50. + +Tindall's Point, rebels surrender at, 192; + executions at, 193. + +Tobacco, 22; 24; + Rolfe cures, 27; + high price of, 28; + taxes paid in, 39; 40; 43; + James I restricts, 44, 45; 51; + Charles I wishes to buy, 63; 70; + King asks contract for, 74; 83; 93; 96; 114; 115; + price of declines, 117, 118; + glut of, 119; + attempts to restrict planting of, 121, 122, 123; + tobacco fleet captured, 127, 128, 129; 132; + low price of, 232; + cessation of asked, 233; + tobacco riots, 234 to 238; 245; + ports for shipping of, 246, 247, 248. + +Tottopottomoi, 156. + +Trade and Plantations, Committee of, 120; 144; 214; 225; 226; 231; 232; 243; 257. + +Tucker, William, 53. + +Turkey Island, 21. + +Turner, John, excepted from pardon, 202. + +Twine, John, 37. + + +_Unmasking_, the, attack on Company, 12. + +Utie, John, helps arrest Harvey, 76; 79; + sent to England, 80; 82. + + +Vestries, cliques control, 138, 139. + + +Wading, Rev., 184. + +Waldo, Richard, 7. + +Walkelett, General, leads expedition to Middlesex, 188; + surrender of, 192; 193; 256. + +Warde, Captain, 37. + +Warrens, William, 75. + +Warwick, county, 140. + +Washington, John, besieges Indian fort, 149. + +Weinman, Ferdinando, 17. + +West, Francis, 9; 10; + Governor, 64; + elected Governor, 1636, 78; 79; + excluded from Council, 80; 82. + +West, John, excepted from pardon, 202. + +Western Shore, 174; 177; 183; 187. + +Westminster Hall, 98; 99. + +West Point, Ingram uses as base, 185; 188; + rebels surrender, 192. + +Whaly, Major, 185; + defeats Farrill, 189, 190; 202. + +Wiccocomico, conference at, 122. + +Wilford, Captain, captured, 186. + +William, of Orange, 256; 257. + +Willis, Francis, 108. + +Windebank, Secretary, 84. + +Wingfield, Edward, President, 3; + deposed, 4, 5; 6; 8; 13; 35; 62. + +Winthrop, Governor, letter of to Berkeley, 92. + +Wolstenholme, Sir John, 72; 74. + +Woodall, John, 81. + +Wyatt, Sir Francis, 51; + defeats Pamunkeys, 53; + reappointed Governor, 1624, 61; 62; + saves Assembly, 63; 64; + Governor again, 83; + attacks Harvey, 84; 85; 86. + +Wynne, Peter, 7. + +Wyanokes, 52. + + +Yeardley, George, acting Governor, 27; + Governor, 45; + brings Magna Charta, 36; + meets Assembly, 37; 42; 46; 52; 62; + again Governor, 64. + +Yellow fever, 13, 15. + +York, county, 75; 185; + Farrill invades, 189; 191. + +York, river, 90; 91; 98; 120; 128; 141; 174; 182; 184; 185; 186; + Berkeley's expedition to, 187, 188, 189, 190; 217. + +Young, Captain, 74. + + + + + + +End of the Project Gutenberg EBook of Virginia under the Stuarts 1607-1688, by +Thomas J. Wertenbaker + +*** END OF THE PROJECT GUTENBERG EBOOK 30284 *** |