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fi
'
comodfr DEPo«r
VIR(;iNMA UNDKR 11 II' STUAR I S
VIRGINIA INDKR III E
STL A R IS
1M):-W.88
RV
riioM .s ). w i:Rri-,NHAKi:K. rh.i).
PRINCKTON nNlVKRSrrY PRKSS
F'RINCKION
l....
Copyright, 1914, by
PlIlNCBTON L'MVEkSITV PRISS
Published February, I9U
Dtdicattd
to my mother
PREFACE
Durinj^ the |)nst tew decades a fVnxI of lijjht has l>ccn
thrown u|x)n 'irj;inia colonial histon*. Many letters, r...
iial Idlers, jourtiaU. rc|H)rt.s aii<l entries preserved in lMii,'l.iiitl.
(ircat stress is placed iiixm the causes of lia...
( I » I I. V Ijs
Prkfack vii
nnKKVIATIONS I'SED IN NoTI
IIAITKR I —The I-'ouiulinj^ of Virpinia i
L HAITKK II —'')r !• -f ...
AHHKKVIATIONS USED IN NOTES
Arb. Smith, U'orks of Caflain John Stnith, Kdward Arbcr.
Scobcll, SiobfWs CoHf<lion of Acts an...
CHAPTKR I
The Foi nding of Virginia
III I)cccml>cr, itiot), three little vessels—the Sarah Constant,
the Pijioi'cry and th...
2 VIRGINIA UNDER THE STUARTS
'irginia. 1 lie t«»rin of jjovernmciU prescribed by the Kiiij;
ami the Company was unsiiile<l...
THE FOUN'DING OF VIRGINIA j
was to serve Urt one year am! if at any time his administration
provctl unsatisfactory to his ...
4 VIR(.l.,. . V ...... .ilK STUARTS
Ikts were utterly inialilc to act with vigor aiul dclenninalion,
or to ajjrec n)n aiiy...
THE FOUNDIN(. Of- VIKCWNI  5
rrcMilcnt; saycinjc they lljou^:lu him very unworthy to be
cythcr President i>r of the C'otin...
6 V'lKCIM A INDI K IHI-. Ml AKTS
territory of tlw Cliickahomiiiics in quest of corn.-* During'
his al)scncc the President,...
THK l(K MM.Nti ni- VIKUIM  7
^uppiy hail ciudc a new Councillor, Matthew Smvcrur. ti»c
^ovcruiii)^ Ixxly oiicc more numl»c...
K  >.x... >. X V .ilK STUART^
III the meanwhile the Loiuloii Coiupair. Incoming
aware that a mistake had Ix'cn made in ent...
THE I()l'M)IN(; OF VIKC.INI 
imi>»>>.sjl»lc l«) leave at uwcc to assume control ••! Iu."> j4<Acrii-
tncnt, but the other o...
lO  1 l' .1 N I  I N 1 MK 1 II I-. ."> 1 I .| 1
lomicntin)^ fire . . . he Icainrd over-board mto me <irciK:
river, where e...
THK HH'NDINfi OF VIRGINIA 1
1
instructions. Captain Smith says there was in fact op|)osition
on the i>art of sonic of the ...
1. VIRGINIA UNDER THE STUARTS
past sixtic men. v«>mcii and children" were left of several
Inindred that hut a few months l...
THE lOUNDING OK VIKGINI  13
cannot Ixr Maiucd for all llic epidemics that swept tlic colony.
Much of the ill health of the...
'ik(;iM. I
A tew ilavs aflcr this cvciil a j^ciitlcman nanic«I ( .
runninjj into the fort with six arrows sticking in him,...
THK FOUNDING OK VIRGINIA ;
cxccutcil. as hcc well «lcscrvc<l. . . . This was the litnc. which
to this (lav vc call the sia...
16 VIRGINIA lM)Mv THK STl'AKT^
IKTislicil, the Knjjlish flag and the Kiiglish rcli^' " • - -,""
a footlioUI uK)U the Ameri...
THK I OUNDING OK VIRGINIA I7
cioncd town. U|)on receiving these welcome tidings, (iales
lK>rc "up the helm" for Jan>e,st<»...
IS VIK(.INI A rXDKk TMK STUARTS
cast, as to Ikt very lij^'ht within and tlie Governor caused it
to Ik* kept imssinj; sweet...
THK lOLNIM , . . . .i
A
10
erally assailc«l inc : lOr licsidcs a relapse inlo the former
(lisea5e: . . . the IHux sur])ris...
THE FOUNDING OF VIRGINIA 21
more rcniDVc of the |)rinci|>all Scale." This place, which he
named Henrico, was l«>cate<l not...
22 VIRGINIA UNDER THE STUARTS
rctlucctl. SiHMi there were in Xirj^inia several IuMi<Ire«l |>cr-
sons that lia«l lived thnu...
THK I OINIMNG OK Vlk(ilNI ^ 3^
and inslriKlions which he warned the |>cj)pl». :..^. ....;sl olicy
strictly."* 'I'hcse laws...
24 VIRGINIA UNDKR THE STUARTS
slaves."' I'he N'ir^inia Assembly of 1624 gives a vivid, though
inrrhaps an exaj^^jjeraled. ...
i 1 1 I-, 11 H .M M .>ti « M-  I IV' il M 
This rccklcsstuss broujjht upon the colony a renewal of the
disastrous cpidcnuc...
vik(;i.i A I
some i;o«kI i)r()jjrc.ss therein, renounce*! publicly lier Country's
idolatry; oiK-nly confessed her Christia...
THE FOUNDING OF VIRGINIA zj
the i)rns|>crity of the colony rciiu»vc<l. Now the settlers could
cultivate the soil, or hum a...
-8 VIRGIN!  V U THK STL v.>i
1017 //««• Gi'orgc sailed for I'Lnj(Iand laden with 20.000
I»unds of tobacco, whicli found a ...
« II n i.k II
The LSTABLlSIIMtNT 1)1 KurKriSKNTATIVK (loVKHNMKNT
Kinp James I, from the Iwjjinninp of his rcif^n. was (lec...
VIRGINIA UNI>K IV M I
lion. If it lakes success, they are your subjects, they doe it
for your service, they will lay all a...
REPRKSKNTATIVE GOVERNMI N ! ji
But the cliicf izh>Ty «>f the establislinicnt el the Miijih.^li in
America must l>e j^iven ...
i2 VIK(.I1. INDKK THK STlAkTS
necessary ctJiniiKxlylyes wanting to us: In which alone vc
sulTer ye Spanish reputation and ...
KKPRIuSKNTATI VK (.« .%. k n M in. U
(ii)ti c nm|>;iny ho|)c<l "to cstal>lish a more free f^wwumivui in
V'irjjinia"." Some...
34 VIK(.IM. INDKk THE STUARTS
rarliaiiKMit ami the iiaiinu. was fc»u^;hl over a^ain in the
Quarter Courts. At times the me...
KKI'KICSKNTATIVK (.OVKKNMKNT 35
system it is ini|M>ssil)lc to say, hm WingficUl stales that on
one (Kcasion he was tried I...
JO VIRGINIA UNDKR THE STUARTS
iiiciil in the colony.-* llicse pajHrrs, which l>ccamc known as
the  irj^inia Maj^iia Charta...
kKPRF»SKNTATIVK GOVERNMI NT 37
lies. With the rcj^^ird for the practical which has always l>een
cliaractcristic of KiiKlis...
>S Vlk(;iNI. I'NDKR THK STIAUTS
^,'rantcil privilcj^c^ ihat rciulcrctl him almost indeiHriKlcnt of
the government at James...
kKPRIuSKNTATIVE GOVHKNMKNT 39
But the most im|>ortant ptnvcr exercised by tm- .ssi:inbly
was its ct)iitrol over taxation i...
40 VIR(;iNl A INDKK THK STUARTS
from the cxiKjrt duly on tobacco. This rcvcimc, although not
larpc. was usually sufticicnt...
RKPRESRNTATIVE GOVERNMENT 41
The C*«)iincillf>rs were royal ap|K>intccs. Hut since tlic King
couM n<»l always knt»w iK.Tsi...
Virginia Under The Stuarts 1607 - 1688
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Virginia Under The Stuarts 1607 - 1688
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Virginia Under The Stuarts 1607 - 1688

  1. 1. Class , Book > fi ' comodfr DEPo«r
  2. 2. VIR(;iNMA UNDKR 11 II' STUAR I S
  3. 3. VIRGINIA INDKR III E STL A R IS 1M):-W.88 RV riioM .s ). w i:Rri-,NHAKi:K. rh.i). PRINCKTON nNlVKRSrrY PRKSS F'RINCKION l.UNUt)N HUMPHRKY MII.FORI) OXFORD UNIVKRSITY PRKSS
  4. 4. Copyright, 1914, by PlIlNCBTON L'MVEkSITV PRISS Published February, I9U
  5. 5. Dtdicattd to my mother
  6. 6. PREFACE Durinj^ the |)nst tew decades a fVnxI of lijjht has l>ccn thrown u|x)n 'irj;inia colonial histon*. Many letters, rejiorts and i»tlK'r manuscripts have Ixren unearthed, and in some cases. I>rinted. Monoj^rnphs, editions of oM texts. le^'islative jour- nals have JKrcn ^iven to the public. Investigators have studied thonnij^lily statements and conclusions reiterated for centuries, and have proved them erroneous or mislea«Iin^j. What have lonjj been consi<lered the fundamental facts in the history of the establishment of the nation have licen attackc<l and over- thrown. The author, in the present volume, has attempted to rewrite the jjolitical histor)- of Vir^^inia from the found- ing of Jamestown to the luij^lish Revolution t)f i<).HK. in a ff)nn that will make these newly discmcrcd facts available to the j^eneral reader. I'or the iK'riod of the London Gmipany t)f Virginia great reliance has Ik'cii placed u|)«)n the works of Alexander Brown. Although not agreeing with all the views of this remarkable man, the author feels safe in presenting the main facts of early V^irginia history in accordance with his more imjxjr- tant conclusimis. The chapter iMm Govenior Harvey is based almost entirely u|x>n the original corresi)ondence in the British Public Record Office in London. For the first admin- istration of Sir William Berkeley and for the Commonwealth pcriixl the author has Ik'cu com|>elle<l to fall back ufx^n the sources preserved in Virginia, notably llening's Statutes at Large. L'n fortunately the civil conte.st in England, the over- throw of the King, the hostility of the Virginia government to Parliament, the foreign wars of Oliver Cromwell brought aKnit almost a total cessation of official correspondence be- tween the colony and the mother count r>- during the years from 1642 to 1660. Consequently there is a discouraging tiearth of material among the British records. Chapters V, T. TI and X'lII .irc Kiscd mainly ui)on origi-
  7. 7. iial Idlers, jourtiaU. rc|H)rt.s aii<l entries preserved in lMii,'l.iiitl. (ircat stress is placed iiixm the causes of liacon's I<el>clli()ii. and the RelKlli«>n itself is treated in detail. The author relies, in his account of the excitinjj incidents of this sinj^ilar niove- nwnt, larj^'ely u|K)n the rei>ort an<l letters of the c<jniinissioners sent to 'ir^pnia hy Charles II to a-scertain the jjrievances of the |K'ople. He realizes, however, that much of their eviclcnce is preju«lice<l, and by no means .iccepts without question their every statement. The ixrriod from 1677 to i()HH is one of tlic most imi>ortam in Virginia histon-. Durinjj these years, in Virj^inia as well as in New ICnj;land, the fundamental li!)ertics of the people were threatened by the encro.ichments of the Crown, and were saved only l>y the heroic resistance of the House of Burgesses. Since these events have Ixxmi j^reatly nct^^lected by historians, and since abundant source material Ixrarinp u{)on them is found in the Public Record Oftice, the author has attempted to dcscril)c them in detail. Finally, it remains only for the author to express his appreciation of the kindness of those who have aided him in his work. He wi.shes especially to acknowle^ljje the assistance rendered by Professor Robert McX. McRlroy and Professor M. V. Croll, of Princeton University: Profes.sor Richard Heath Habncy. of the University of Virginia; Dr. H. R. Mcllwainc, Virginia State Librarian : and the officers and attendants of the British Public Rccorcl OfFice. Tno.M.vs I. W'ektknbaker. Princeton. . J. r)eceml)er 2, 191 3.
  8. 8. ( I » I I. V Ijs Prkfack vii nnKKVIATIONS I'SED IN NoTI IIAITKR I —The I-'ouiulinj^ of Virpinia i L HAITKK II —'')r !• -f .MlJiriirllt of KcprcSCIltaliN «• r,..v- ernnuMil . -•<> t iiAPTKK in — The F-xpulsion of Sir John Harvey 60 ' n iTi K I' ( 'lovrni.ir I'rikrlcy atitl llic Coniiiionwfallli S; ('- ^ ' ' lu-t- ... i'.acon's Kcl)cnion 11; < II Mil!; i l.ar..n's Rcl>elIion 14') 'IIAPTKK 'II— Tho Period of Con fusion . . . nj; Hai»tkk TII —The Critical PerjcKl 22$ In X 261
  9. 9. AHHKKVIATIONS USED IN NOTES Arb. Smith, U'orks of Caflain John Stnith, Kdward Arbcr. Scobcll, SiobfWs CoHf<lion of Acts and l)rdinances of Cemcral i'te. I'. R.. Thf hirst Hffttbltc i'm Amtrua, Alexander Brown. Gen., Thf iien<ss of Iht United Stales. Alexander llrown. I'orce, Tracts and Other I'afers Helatimj to the Colonies in orlh ofnca, Peter Force. Nar. of Va.. Xarratifes of Early I'irginia, Lyon G. Tyler. Va. Car.. I'irginiti Carolorum. K. I). Ncill. Hen. The Statutes at Large. V. W. Hcning. I'roceedinKS of Va. Co., Proceedings of the I'irgmut Comf-any of ndom. Cradle of Rep . The Cradle of the Hefublic, Lyon G. Tyler. Bnice, Inst. Hist.. Institutional History of I'irginia in the Seientfcnth ;iury, V. A. Hruce. liruce, Kc. Hist., liconomic History of I'irgini.t in the Srtenleenlh I fntury, T. ,. Briice. Miller. The Legislature of the Province of I'irginia. M L Miller. I'. R. O , British I'uhlic Record Office. Stith. History of I'irginia. William Stith. OsR.. Ameritan Colonies in the Set-enleenlh Century, H. L OsRood. Neill. Va. Co.. History of the I'irginia Company of London. E. D. Ncill. Fiske, Old Va., Old I'irginia and her Neighbors. John Fiske. Burk, History of I'irginia. John Biirk. Va. Hist. Rcff.. I'irginia Historical Register. Beverley. History of I'irginia. Robert Beverley. Va. MaK. I'irginia Magazine of History and liiogrcif'hy. Wi.*e. The Early History of the Eastern Shore of I'irginia. J. C. Wise. Southern Lit. Mess.. Southern Literary Messenger. Campbell. History of I'irginia. Charles Campbell. McI).. McHonald Papers. Virginia State IJbrary. Jour. H. of B.. Journals of the Houje of Burgesses M.inuscript copies in the Virginia State Library. Justice in Virginia. Justice in Colonial FirgtMia. 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. (J . U'lihain and Mary (Juarterly. Inds' Pros.. Indians' Proceedings. Bac't Pros., Bacon's Proceedings. Ing's Pros., Ingram's Proceedings Cotton. Our Late Troubles in I'irgxnia. Mrs. .A. Cotton. V«. Vet.. Virginia I'etusla. K H Neill.
  10. 10. CHAPTKR I The Foi nding of Virginia III I)cccml>cr, itiot), three little vessels—the Sarah Constant, the Pijioi'cry and the Coodspccd—set sail from ICn^^land iiiulcr Captain C"hrist«»j)her Xewi>ort, for the distant shores of V'irjjinia.* After a long and dangerous voyage across the Atlantic the fleet, on the sixth of May, 1607, ctrtercd the Lhesaix-ake Bay.'/^The adventurers s|)cnt several days ex- ploring this great Ixxly of water, landing |)artics to investigate tlie nature of the shores, and to visit the Indian tril)cs tliat inhabited them. They were delighted with the "faire mcd- <I->wcs. . . . full of flowers of divers kinds and ct>lours", and with the "goodly tall trees" of the forests with "Fresh-waters luiuiing" iK'twcen. hut they had instructions nt>t to settle near the c«>ast. lest they should fall victims to the Spaniards.' So they entered the broad mouth of a river which they called the James, and made their way cautiously up into the country. < >n the twenty-third of May they found a peninsula in the river, which afforded a convenient landing place and was easy to defend, l)oth from the Indians and the Spaniards. Hiis place they called Jamestown. Landing their men, they »ct immediately to work building houses and erecting fortifi- ations. Thus did the Knglish l)egin their first |>ermanenl ^ctllement in the New World. The l)old band of adventurers that came thus ho|>efully into this l)eautiful and smiling c<iuntry little realize<l that l>efore them lay only dangers and misfortunes. Could they Save foreseen the terrible obstacles to founding a colony in this land, they woidd havi- li.^it .t.-d |)efore entering u!*^"' ''t- enterprise. Four things conspired ;.- .m...^ i.iisfortune and disasici ui^.i! •F R.. pp. ai, 22, *V K. p iy •Arb. Smith. Ixi-lxii. I
  11. 11. 2 VIRGINIA UNDER THE STUARTS 'irginia. 1 lie t«»rin of jjovernmciU prescribed by the Kiiij; ami the Company was unsiiile<l to the infant settlement, and its ilefccts kept the colonists for many months in lunnoil and tlisordcr. The Indians proved a constant source of danjjer, for tl»ey were tireless in cuttinjj ofT strajjjjlers, ambushing small parties and in destroying the cro|)s of the white men. I"amines came at frequent intervals to weaken the colonists and add to their misfortunes. But by far the most tcrrilile scourge was the *'sicknesse" that swe|)t over Vir- ginia year after year, leaving in its wake horrible sulTering and devastation. The charter thai laints I granted to tlie London Company served as a constitution for X'irginia. for it prescril)ed the form of government and made regulations that none could disregard. It provitle(l_for a Council, resident in England, to which was assigned the management at the colony and the suj)crvision of its government.* This Ixxly was apiK)inted by the King and was strictly answerable to him through the Privy Council for its every act.^ The imme<liate government of the coUmy was entrusted to a local Council, selected by the Council in England, and resixmsible to it. The Virginia Council exercised extraordinary i)owcrs. assuming all adminis- trative, legislative and judicial functions, and iK-ing in no way restrained by the wishes or demands of their fellow colonists." 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 atlventurers made them reckless in enforcing their own will ]xm the colonists. More than once they were guilty of un|>ardonable harshness aiul cruelty. The charter did not pnnide for the apiK)intment of a Covenior. The nominal leadership of the colony was en- trusted to a Presi<lcnt. chosen by the l<H:al C(nHicil from among its meml)ers. This «)lVicer 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.^ He * G«ti.. p. 55. • Gen., p. 56 •Gen., pp. 55, 70, 73. 'Gen., p. 77.
  12. 12. THE FOUN'DING OF VIRGINIA j was to serve Urt one year am! if at any time his administration provctl unsatisfactory to his cnllca^'ucs. they c«»ul«l. hy a major- ity vote. (Ie|)ose him. In like manner, any l"»nmciIlor that had Ixrcomc obnoxious couM l)c exi)clled without s|)ecilic charjjes and without trial." These imwisc |)rovisions led naturally to dist>rdcr an<l strife, and addcil much to the misfortunes of the infant colony." The .selections for the Council were made some days before the fleet saile<l. InU the Com|)any. fearinp a conflict of author- ity durin^j: the voyajjc. thoug-ht it U-st tliat they .should l)e kq)t secret until the colonists had reached Virj^inia. The names of the a|)j)ointces were emUxJie*! in "several instruments" which were entrusted to the commanders of the vessels, with instructions that they shouM l)e oi)cned within twenty-four h«)urs after they had arrive<l otT the coast of America.*" L'^n enterinjj the Giesai)eake Hay the adventurers read the i>a|)crs. and found that Christopher NewjKirt. the comman<ler of the fleet. K<lward Winj^ield. HartholonKW (iosnold, (ieorjje Kendall. John RatclifTe. John Martin and John Smith were those that had U^en chosen." After the landing the Council met. were sworn to office, and then elected Winj^fleld President.'- Captain John Smith, who ha«l l)een accused of mutiny during the voyape. was not allownl to take his seat, and was kept under restraint until the twentieth of June.*' Hardly had the foundinijf of Jamestown l)een ctTecte<l when the weakness of the constitution Ixjcame ap|)arent. The meet- ings of the Council were discordant and stonny. The mem- ' Gen., p. 67 'Gen., pp. 342, 411. *Gcn. p. 7;. " Arb. Smith, p. 01. "* .Xrb. Smith, p. 01 "/Nrh. Smith, p. 91; F. R.. pp -'7. JJ. Smith «lcnicd the justice of these charRes. "Now Captaine Smith, who all this time from their departure from the Canaries, was restrained as a pri.*oner. upon the •candAluul suKKrsiions of some of the chiefe (envymg his repute); wIki faincd he intrndrd to ursurpc the Rovernmcnt. murder the Councell. and make hinurlf king; that his confrdrrats were dispearsed in all the three ship*, and that divers of his confederats that revealed it. would irtifMi.- •( l'..r ll, . 1.^ „ ,. ...,.,..,. .,.1 •• .. <....,
  13. 13. 4 VIR(.l.,. . V ...... .ilK STUARTS Ikts were utterly inialilc to act with vigor aiul dclenninalion, or to ajjrec n)n aiiy settled course of action in establishing the little colony. The President, l)ecause of the limitation of his |K)wers. could do nothinjj to restore hamiony or to enforce his own wishes and i)olicies. Confusion and niisniaji- aj^cinent resulted. In less than a month after the first landing the inefticiency of the i^'overiuuent had created such discontent that the colonists jKJtitioned the Council for redress.'* it was only the tact and nunlcration of Captain Newijort that apjwased the anj;er of the settlers and j>crsuaded them to suhmit to the decrees of the governinj^ IxKly.''' On the second of July, Newport, with his little tlcet. sailed for Knj,dand, leaving^ the ill-fated coloni.srts to their own resources.'" Xo swMier had he jjone than the spirit of discord reap|K*are<l. The quarrels within the Council l)ecame more violent than ever, and soon resulted in the comi)lctc disnip- tion of that Ixxly. Captain Kendall, who seems to have l)een active in fomcntinj^ ill feelinj^' amonj^' his colleaj^ucs. was the first to l)e exj)clled. I'ikmi the charj^'c of excitinj^ discord he was dci>rived of his seat and committed to prison.'^ As Cai»tain John Smith had, l>cfore the departure of New- port, Inrcn allowed to take his place in the Council, there were now five memlx*rs of that lK>dy. The numl)er was soon re- duced to four by the death of CajJtain Gosnold, who fell a victim to the sickne.ss.*" One would imagine that the Council, thus depleted, would have succeeded in governing the colony in ixrace, but the .settlers were given no respite from their wrangling and disputes. In Septcml)cr. RatclitTe. Smith and Martin entered into an agreement to dejx^.se President Wing- field and to oust him from the Council. Before they pro- ceeded against him, however, they pledged each other that the exfuilsions should then stop, and that no one of the three should l>e attacked by the other two. The Councillors then ap|>eared Inrfore Wingficld's tent with a warrant, "subscribed under their handes, to depose the ".•rb. Smith, liii. '* Arb. Smith, liv. T. R.. p. 39. "Arb. Smith, Ixxvii. "Arb. Smith, Ixxvi.
  14. 14. THE FOUNDIN(. Of- VIKCWNI 5 rrcMilcnt; saycinjc they lljou^:lu him very unworthy to be cythcr President i>r of the C'otinccll, ami therefore discharged him of Ix.th".'* They accused him of misappropriating; funds, (»f improjKrr division of the puhhc stores, of l)cinj^' an atheist, • f plotting: to desert Vir^'inia in the pinnace left at James- t >vn hy Captain NeviH)rt. of comhininj^' with the Sjttniards for the destruction of the colony. Winjjfield. when he returned It) Knj,dand. made a vij^orous defense of his comhict. hut it is ->w imiH^ssihle to determine whether or not he was justly -iccused. After his expulsion fmm office, he was summoned l)cfore the court by the remnant of the Council to answer these numerous charjjes. It mi^ht have k'wc 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 luigland.^o The removal of the President did not bring peace to the c(>lony. If we nuy believe the testimony of Wingfield. the triumvirate that now held sway niled the settlers with a harsh and odious tyranny. "Wear." he says, "this whipping, lawing. l>eating. and hanging, in Virginia, known in Kngland. I fear it would drive many well affected myndes from this honour- able action."=» One day RatclilTe. who had been chosen to succeed Wingfield. liecame embroiled with James Read, the smith. Read forgot the rcsi>ect due his superior, ami 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, conncted and sentenced to be hanged. Rut he saved his life. ui>on the very eve of his execu- tion, by revealing tt) RatclilTe a plot against the government, headed, he declared, by Cajitain Kendall." Immeiliately Kendall, who had long In-en an object of suspicion, was tried ' mutiny, found guilty and executed." In Decemlnrr. 1607. when the colony was suflFering severely for the want of food. Captain Smith led an exi)c<lition into the •Arh Smiih. Ixxix. -Artv Smith. Uxxi Arh Smith. iTxriv -Arb. Smith. Ixxxiv. "Arb Smitl
  15. 15. 6 V'lKCIM A INDI K IHI-. Ml AKTS territory of tlw Cliickahomiiiics in quest of corn.-* During' his al)scncc the President, despite the protests of Martin, achnitlrd Captain (ial)riel Archer to the Council.-" Archer, who seems tt> have Inren a hitter enemy of Smith, had no s<K»ner attained this place of |)over. than he set to work to ruin the adventurous captain. "Hcinjj settled in his author- ity", he "soujjht to call Master Smythes lief in (juestion, and . . . indicte<l him u|Mm a Chapter in Leviticus for the death' of two men luuler his charj^e. that had been murdered l)y the Imlians. lie was to have had his trial uxiu the very day of his return from his thrillinj^ adventures with the savaj^es. His conviction and immediate execution would doubtless have resulted, had not the proceeding's against him Iwen interrupted by tlie arrival of the I*'irst Sui)ply from I*'ng- land.-* Cajxtain Newix»rt. whose influence seems always to have U'en exerted in favor of mo<leration and hanuony, ^r- suadetl the CouiK'il to drop the charjjes aii^ainst Smith, to release him from restraint, and to restore him to his seat in the Council. Of extraordinar)' interest is the assertion of Vint,'tield that the arrival of the fleet "prevented a Parliament, which ye ncwe Counsailour (Archer) intended thear to summon".'^ It is not sun>risinj' that the settlers, dispiistcd as they were with ihe violence and harshness of their rulers, should have wishe<l to share in the p>vernment. But we cannot but WiUider at their l)oldness in attcmptinjj to set aside the constitution f^'wcn them by the Kinj; and the Comi>any. Had they suc- ceeded in establishing direct j^overnment by the people, it couhl not l>e sup|)o^cd that James would have |>eniiitted it to continue. Hut the attempt is verv' significant, as indicatinjj that they were d<^sirous. even at this early date, of having a voice in the manajjement of affairs. Archer and the unfortunate Winpfiehl saileil with the fleet when Captain ewi>ort returned to England, and a few months later Martin followed them.*" Since, with the First "Art). Smith. Ixxxv. * F. R.. p. 54. **.rb. Smith. Ixxxvi. " Arb. Smith, Ixxxvi. • F. R . p. 58.
  16. 16. THK l(K MM.Nti ni- VIKUIM 7 ^uppiy hail ciudc a new Councillor, Matthew Smvcrur. ti»c ^ovcruiii)^ Ixxly oiicc more numl»crc<l three. Durinj^ the suniimT of i(><>S Smith was ire<jueiitly away, hasin^j the phantom of the |>a.ss;i^e to the Soutli Sea, hut this lid n<»t prevent the usual cpiarrels. If we may lielicvc the u count in Smith's history, KatcIitTe was <lei)ose<l from the Presidency Ix-cause of *'j>ride and unreasonahle neetllcsse V ruelty" and f«»r wa>tinjj the puhlic stores.-* It is probahic that for some weeks Scrivener conduc1e<l the j^ovcrnment. while RatcIitTe was kept a prisoner.'" In September. Ca|Hain ^mith, returning from a voyage in the Chcsa|K>akc Bay, "rc- icivetl the letters jKitents. and t(X)k ujxmi him the place of president"." Smith was now supreme in the government, for the Council was re<luce<l to two. and his Ctisiing v»>te ma<le his will sujwrior to that of Scrivener. But he was not long to enjoy this I»ower. In Octolier. iTioS. Captain New|)ort. arriving with • le Second Supply, brought with him tw<» "antient souldiers ami valient gentlemen"—Kichard Waldo and Peter Wynne — lH)th l)earing commissions as Councillors.'- S<x)n afterwanl KatclitTe was restored to his seat. The Council, thus recmited. isumed its control over the colony, "so that although Smith was Presiilcnt yet the Council had the authority, and ruled it as they listed"." Two months later, when N*cw|K>rt sailed again, RatclifTc retunie<l to Hngland. Smith wrote the luiglish C"<»u«icil. "Captaine RatcIitTe is ... a |HM>re countcrfeite«I Inijiosture. I have .sent you him home, least the c«>mi>any should cut his •iroat."'* The next spring Wahlo and Scrivener, with nine thers. were caught in a small l)oat u|)on the James by a mlent gale, and were drowned." As CajUain Wynne s<ion nccumlx^d to the sickness. Smith Iwcame the sole surviving ouncilliir.'* During the stunmer of 1600 the colony wa6 '•verned, not. as the King and Company hafi tiesigne I ' • 7 ouncil. but by the will of this one man. ".rl) Smith, pp. 114. 115. ".rb. Smith, p 119 .^rl) Smith, p. lai ; F. R., p. 61. " F. R. p 68; .rb Smith •.Nrb Smith, p. 122. ".Xrh Smith., p. 444. F R. 70 " F. R.. n.
  17. 17. K >.x... >. X V .ilK STUART^ III the meanwhile the Loiuloii Coiupair. Incoming aware that a mistake had Ix'cn made in entrusting the gnvcm- nient of the colony to a Ixxly of Councillors. The rcjiorts of WingficM. Archer, New|H)rt ami RatclilTc made it evident tliat the lack of hamiony in the Council had l>ccn a serious hindrance to the success of the enterprise.'^ l-'eeling, there- fore, that this "error in the equality of the governors . . . had a little shaken so lender a Ixxly", the managers held an es|)ecial meeting to elTect a change."* A new charter was drawn up hy Sir h'dwin Sandys, approved hy the Company and assented to hy the King. In this document James rclin(|uishcd into the liands of the Company not only the direct management of the colony, but the i)ower of drawing up a new and more satisfactory sys- tem of goveniment. Acting under this authority, Sandys and his associates alx>lished the Council and entrusted the entire control of the colony to an all-iK)werful (iovernor. The dis- order that had so imi)edcd the success of the entcr]>rise was to l)c crushed under the iron hand of a despot. Doubtless Sandys would have attempted to establish representative gov- eniment at once in Virginia, had conditions favored so radical a change. lUit the colony was too young and feeble, and James could hardly l)e ex[)ccted to give his consent. Yei the many lilxrral memlwrs of the Company were deeply interested in Virginia and were detemiined, should a favorable oppor- tunity occur, to establish there an Assembly similar in char- acter to the Knglish Parliament. The granting of the new charter aroused extraordinary interest in the fortunes of the colony throughout Kngland anfl stimulated the Company to renewed eflforts.'" Thousands of [x)unds were contributed to defray the cxfKiises of another exiwdition, and hundreds of jKrrsons resjx.iulctl to the ap|>eals /or settlers. The first CK)vernor was a man of ability and distinction—Thomas Lord De la Warr. Sir Thomas (lates was made Lieutenant-Governor, George Summers. Admiral, and Ciptain 'Sv^"-'-r - <• ''"ir.il.*® Dc la Warr found it " F. R.. p. 7.V 1 R . p. 73. • F. R . p. 80. - 1-. R.. p. «4.
  18. 18. THE I()l'M)IN(; OF VIKC.INI imi>»>>.sjl»lc l«) leave at uwcc to assume control ••! Iu."> j4<Acrii- tncnt, but the other otlioers, with nine vessels and no less than •ivc hundred ci>lonists, sailed in June. Kxk;.*' Unfortunately, 11 crossinj^ the <iulf of Bahama, the fleet enctnmtere<l a terrific stonn. which scattered the vessels in all dircitions. When the tenijK-st al)atc<l. several of the shijjs reunited and '»ntinued on their way to Jamestown, but the Sea Adventure. uhich carried dates. Summers and Ncwix)rt. was wrecked :i)on an island in the liemuulas." As a result of this mis- lortune none of the leaders of the exjwdition reached X'irjjinia imlil May. 1610. ten numths Liter. The other vessels, with most of the settlers, arrived at Jamestown in Auj^ust. i(>o<>. The newcomers told ('ai>tain :^mith of the Company's new plan of j^ovemmcnt, and rc- uested him to relinquish the old commission. This the President refuse<l to do. All the official j)ai)ers relatinpj to the chani^e ha«l Ik'cu alH>anl the Sea Advculure. and he would tn)t rcsijjn until he had seen them.*' A lonj.j and heated con- troversy followe<l. but in the end Smith j.;^ained his |)oint.** It was afn"eed that until the arrival of the .SVa Adventure the colony should remain under the old charter, and that Smith should continue to act .is President until the twentieth of Sei>teml)er. when he was to relinquish the j^nernment to Cajjtain l-'rancis West.*'' This arrani^ement <lid not restore hannony. West felt ii^prieved that Ca|)tain Smith should insist >o continuing the old order of affairs despite the known wishes of the Com- pany, and took occasion to ignore and slij^ht his authority. This so anpere<l the President that he is said to have pIotte«l with the Indians to surprise and cut ofT a party of men that his rival was leadinp up the James. Before this could be accomplished, however. Smith met with a serious accident, which led to his imme<Iiate overthrow. "Sleepinjj in his Boate . . . accidentallie. one fired his |>owder-l«ig. which tore the flesh ... in a most pit li full manner: but to quench the " !•• R.. p 84. •Grn.. pp. ij^. ijjo. yt 400; I > Stnth i. Ut, -KR. p. W. •Gen., pp. jji. jjj; F. R.. p. g8.
  19. 19. lO 1 l' .1 N I I N 1 MK 1 II I-. ."> 1 I .| 1 lomicntin)^ fire . . . he Icainrd over-board mto me <irciK: river, where ever they could rec«»ver him he was ncerc drovne<l.'"** Three fonner Councillors—Ratcliffe. Archer and Martin—who ha<l come t)ver with the new fleet, availed themselves of the helplessness of their old foe to ri<l the colony of his presence. Claiminj^. with some justice, that if Smitli onild retain his oflue under the old charter, they were by the same |)ower still memlK'rs of the Council, they held a meelinj^'. dei)osetl him from the Presidency and sent him hack to Knj^-land.*' Mavin^^ thus disix)sed of the troublesome Caj)- tain. they l<H)ked about them for some man suitable to head the colony until the arrival of Gates. Xcglectinj:: the claims of West, whom they probably considered too inexi^rienced for the place, they selected Captain Georg^e Percy.*** In the meanwhile, the crew and passengfers of the Sea Ad- venture were stranded in the Bermudas. ¥m what was called Devil's Island. Some of their numl)er were darinj^ enough to enture out into the wean in the lonj^dioat. in an attempt to reach the colony, but they must have i>erished. for they were never heard from attain.*" The rest of the comi>any. seeinij no other way of escape, built two pinnaces and, in May. i6io, sailed away in them for Jamestown. . few days later, upon their arrival in Virj^inia. Gates received the old patent and the seal from the President and the perio<l of the first royal j^ovenunent in V'irj^inia came to an end.*" Rut the "faction brccdini^" government by the Council was by no means the only cause of trouble. P'ar more disastrous was the "sicknesse". When the first exi>e<lition saile<l for X'irj^inia. the Council in Knijland. 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".** Well would it have lx;en f"- flu- (olonists had they olxiyeil these ** Art). Smith, p. 484. " Ratcliffe wrote the Earl of Salisbury. "This man is sent home to answcrc some misdcmenors. whereof I perswade me he can «••>'. -iv clear himselfe from great imputation of blame." (Jen. p. 3.^4. -K R.. p. 108. T. R.. p 115. "I". R. p. 117. "Gen., p. 84.
  20. 20. THK HH'NDINfi OF VIRGINIA 1 1 instructions. Captain Smith says there was in fact op|)osition on the i>art of sonic of the leaders to the selection of the Jamestown |)cninsula. and it was amply justifietl by the event. The place was low and marshy ami extremely unhcalthfiil." In the summer months ^rcat swamis of mosquitoes arose from the sta^Miant nx*U of water to attack the immigrants with a stinp more dea<ny than ihat nf the In<lian arrow or the S|>anish musket Uill. Scarcely three months had elapsed from the first landinjj when sickness and <leath ma<le their apjnrarance. The settlers, ignorant of the use uf Peruvian hark and other renwdies, were |K>werless to resist the j)rogress of the epi<lemic. Captain (icorge Percy descril>es in vivid ct>lors the sufferings oi the first terrible summer. "There were never Englishmen," he says, "left in a forreigii c<mntry in such miscrie as wee were in this new discouvered Virginia. Wee watche<I every three nights, lying on the bare-ground, what weather soever came: . . which brought our men to l)ce most feeble wretches. ... If there were any conscience in men. it would make their harts to bleed to heare the pitiful! juumiurings and outcries of our sick men without reliefe, every night and day for the space of sixc wcckes; in tlic morning their Uniics he'mg trailed out of their cabincs like Dogges. to l)e buried."^' So deadly was the epidemic that when Captain NewiH)rt brought relief in January. if)oS. he found but tiiirty-eight of the colonists alive.*** Nor did the men that followed in the wake of the Sarah Constant, the Discovery and the Goodspccd fare l^etter. In the summer of 1608. the sickness reappeared and once more wrought hav(K: anxing the unhappy settlers. Captain Smith, who probably .saved his own life by his frequent exploring ex|>editiojis. on his return to Jame.stown in July. "foun<l the Last Supply al sicke".'"' In i^»rK). when the fleet of Stunmcrs an<l NcwiKirt reached 'irginia. the newcomers, many of whom were already in ill health, fell easy victims to malaria an<J dy.scnter)'. Smith declared that Inrfore the end of i(»io "not •Arh. Smith, p. S- "Arb Smiih. Ixxii T R.. p. 55-
  21. 21. 1. VIRGINIA UNDER THE STUARTS past sixtic men. v«>mcii and children" were left of several Inindred that hut a few months l)cforc had saile<l away from riymouth."" Durinjj the short stay of (iovernor De la Warr one hundred and fifty, or more than half the settlers lost their lives." Various visitors to Virginia during the early years of the seventeenth century l)ear testimony to the ravages of this scourge. A Sjxaniard name<l Molina, writing in 1613, declared that one hundred and fifty out of every three hundred colonists dietl Iwfore Ixjing in X'irginia twelve months."** HcVrics, a Dutch trader to the colony, wrote. "During the months of June, July and August it is very unhealthy, then i)c<j|)le that have lately arrived from I''ngland. die. during these months, like cats and dogs, whence they call it the sickly .season. "*• This testimony is corrolx)rated hy (iovemor William Berkeley, who rejKjrted 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.""" In 1623 a certain Nathaniel Butler, in an attack upon the London Comi)any, called "The Unma-ske<l Face of our Col- ony in X'irginia", drew a vivid, though i)erhaps an exag- gerated picture of the unhealth fulness of the climate. "I fountl the j)lantations." he .said, "generally .seaterl ujx^n meer salt marshes, full of infectious l>">gs 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 I*!ngland. where<:)f ever- country and climate hath some." It was hy no means uncommon, he declared, to .see imtnigrants from England "Dying under hedges and in the woxis", and unless .something were done at once to arrest the frightful mortality 'irginia would shortly get the name of a slaughter house.*' The climate of eastern X'irginia. unhealth ful as it undoubt- edly was in the places where the first settlements were made, " M.iny of these, however, died of starvation or were k:IIcd by the Indians. Nar. of Va., p. 200. " Nar. of Va.. p. 21a. " Nar. of Va , p. 2x: Gen., p. 648. "Va. Car. "Hen., V'oL I; Gen., p. 499. * Proceedinffs of Va. ( '•
  22. 22. THE lOUNDING OK VIKGINI 13 cannot Ixr Maiucd for all llic epidemics that swept tlic colony. Much of the ill health of the iinniij;rants was <lue to unwhole- some conditions on Iwanl the shii>s which hrouj^ht them from I .nj^land. The vessels were usually crowded far Iwyon*! their real cajKicily with wretched men, women and children, and were foul lK'y«»nd descripti«>n."- Not infretiucntly great num- l>ers dieil at sea. One vessel is reinmed to have lost a htmdred • ind thirty |)crs<Mis out of a hundred arid eij^hty-fivc. On the shii>s that loft l-'nj^land in June. Ukx;. lK)th yellow fe ver and the London plague apinrared. doinj; fearful havoc, and makinj^ it necessary to throw ovcrl)oard from two of the vessels alone thirty-two unfortunate wretches. "' The diseases thus started, 'ften spread after the settlers had rcache<l their new homes, itul under favorii^"^ •''•ions, dcvclo|>cd into terrible i>idemics.** Less deadly than tin- ^nknessc". Init still g^rcatly to l>c !reade<l. was the hostility of the Indians.**"^ The natives, re- cent ful at the attempt of the white men to establish themselves ;i their midst, proved a ct)nstant menace to the colony. Their MIK'rstitious awe of the strange newcomers, and their lack of < iTectivc vea|K)ns alone prevented untirinj^ 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 lay. iCoj. the colonists, while at work with<nit their anus in ic fields, were attacked by several hundred Indians. In wild iismay they rushe<l into the fort, while the saN-ages followed .It their heels. "They came up allmost into the flPort. shot through the tents, appeared in this Skinnishe (which lasted hott alxnit an h«nver) a ver' valient iKMple." The gtms of the ships came t«) the aid of the Knglish an<l their thunders stnick ismay into the hearts of the savages. Vet they retire<l with- ut panic, taking with them their dead and wotmded. Four •i the Council, stantling in the fn^it ranks, were woun<lcd by ic natives, and President Wingfield. while fighting valientiv. had an arn>w shot through his l)eard, "yet scajicd hunc •(im. p. 4ftj. •Gen., p. jjQ. •• F. R.. p. g8. • Gen., p. 50J. • .rh Smith. I.i.
  23. 23. 'ik(;iM. I A tew ilavs aflcr this cvciil a j^ciitlcman nanic«I ( . runninjj into the fort with six arrows sticking in him, cniii}^'. "Ann. ami". He had wamlcrcti too far from the town, antl the IncUans, who were still prcAvlinj; near, shot him frnni amhiish. V.'^n days later he (heel."' Thus at the very <uitscl. the luij^hsh learned the nature of the conflict which they must wa^c aj^iinst the hulians. In oi>en ti^ht the savaj^es. with their primitive weajxMis, were no match for them, but woe to any of their numl)er that strayefl far from the fort, or ventured into tiie lonjj j^rass of the mainland. So fre- <|uently were small parties cut otT, that it l>ecame unsafe f<»r the luij^lish to leave their .settlements except in bodies large enough to re|)el any attack."** The e])idemics and the wars with the Indians conspired to bring xm the colony still another horrible scourge. The constant dread of attack in the fields and the almost universal sickness ma<Ie it imix»ssil)le for the settlers to raise crops suffi- cient for their needs. During the summer of 1607 there were at one time .scarce five able men at Jamestown, and these found it l)eyond their |Mnver even to nurse the sick and bury the dead. And in later years, when corn was planted in abundance, the stealthy savages often succeede<l in cutting it down l)efore it could l)e harvested. There can be no surprise then that famines came at frequent interals to add to the mi.sery of the ill-fated colonists. The most terrible of these visite<I Virginia in the winter of 1609-10. Smith's Historic gives a graphic account of the suffering during those fearful months. Those that csca|K'd starvation were |)reserved. it .says, "for the most part, by r(X)ts. herl)es. acornes. walnuts. I>erries. now and then a fish: they that had starch "in the.se 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 ixx)rer .sort took him up againc and eat him; and so did divers one another boyled and stewed with roots and herbs: And one amongst the re.st did kill his wife, powdered her. and had eaten part of ''••»• lw.f'..r,. ;. vv .^ .,^..^y,^,. f'..r vvl'i. l' »v— « '< ".rb. Smith, li: •Force. Vol. III. Tr.nt I. jv 1,-; ( .tti . ;> j'>5. .;!>;. 45/'.
  24. 24. THK FOUNDING OK VIRGINIA ; cxccutcil. as hcc well «lcscrvc<l. . . . This was the litnc. which to this (lav vc call the siarvin^j time; it were t<n) vile to say. ami scarce t») l>e lK'lieve<l. what we cn<lure<l."'"' The tuisery «>i the wretcluMl settlers in time «»f famine is vividly clescril)e(l in a letter written in 16^3 hy a ser"ant to his parents. The i>eoj)le. he sai<l. cried out day an<l nif^ht. "Oh that they were in !•' upland without their limhs . . . thoujjh they l^KJ^cd from dfK)r to d(x)r". He declarc<l that he had eaten more at home in a day than was now allowe<l him in a week, and that his parents had often ^jiven more than his present day's allowance to a l>ejjjjar at the d<x)r. Unless the ship Sea rio'iCt-r came s<x)n, with sui>plies. his master's men would have hut half a |)enny loaf each a day for f<Kxl. an<l UM^dit l)e turned away to eat Kirk off the trees, or moulds off the fjround. "Oh." he said, "that you did see my <laily and hourly sij^jhs. groans, tears and thumi>s that I aff«»rd mine own l)reast. and rue and curse the time of my hirth and with hi>ly Joh I thouf^ht no head had l)cen ahle to hold so much water as hath and doth daily How from mine eyes."'" Thus was the immigrant to Virjjinia Inrsct on all sides with deadly perils. If he cscai>ed the pla^ie. the yellow fever and the scurvy durinjj his voyage across the Atlantic, he was more than apt to fall a victim to malaria or dysentery' after he reached his new home. V.vcn if he survived all these <lani;ers. he mij^ht i>erish miserahly of hunger, or k hutchered hy the savage Iinlians. No wonder he cursed the country-, calling it "a miserie. a mine, a death, a hell"."' It is remark.-ihle that the enterprise, in the f.ace of these stui>endous difficulties, shotild ever have succeede<l. The explanation lies in the great enthusiasm of all Knglan«l for this attempt to exten<I the British domains to the sh<ires of the New World, and in the devotion of a few hrave spirits of the London Com|>any. who would not lie daunte<l hy repeatefl failures It mattered n«)t to them that thousands of [lounds were lost in the undertaking, that many hun<lreds of men •Force. V'c»l. III. Tract I. p. 17 >s; Gm . p|». jjo. yxt. 401. 404. 456. " Va. Vet. ' Nar. .r
  25. 25. 16 VIRGINIA lM)Mv THK STl'AKT^ IKTislicil, the Knjjlish flag and the Kiiglish rcli^' " • - -,"" a footlioUI uK)U the American continent. Sir Thomas Ciates found the colony in a piiiahle conditi<Mi. The tomahawk of the Imhans, famine and i)cstilencc had wrouf^ht terrible havoc with the settlers. A mere handful of IH)or wretched men were left to welcome the newcomers and to kx eaj;crly tn l>e taken away from the ill-fated country. The town "apiKjared rather as the ruins of some auntient fortifica- tion, then that any ih-oj)1c livinj^ mij^ht now in habit it: the pallisadu's he fouml t<»urne downc. the i)ortcs oi)cn, 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."^- Xor was it in the ix)Wor of (iates 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 Lieu- tenant-Governor decided to abandon X'^irginia rather than sac- rifice his i)cople. As the colonists climbed alxjard 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. al)out noon, giving a farewell with a j^eale of small shott, he set sayle, and that night, with the tide, fell down ... the river."'' Fiut it was not destined that this enterprise, which was of such imiK>rtance to the Knglish nation, should lie thus aban- doned. In .April. 1610. De la Warr, the Lord Govenior. had sailed for X'irginia with three vessels. al)out a hundred and fifty immigrants and supplies for the relief of the colony."* 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 aban- "Gcn.. p. 405. "Trt-n.. p. 406: Force. Vol. III. Tract I. p. 18. " F. R . p. 1^7.
  26. 26. THK I OUNDING OK VIRGINIA I7 cioncd town. U|)on receiving these welcome tidings, (iales lK>rc "up the helm" for Jan>e,st<»wn. ami the same night landed all his men.^* Soon after, the (iovernor rea< '••• ' •»•'• town and took formal i>osscssion of the government De la Warr l»cgan his administration by listenni^' i" a semion from the gixnl i>a.stor. Mr. Buck. He then made an a<l<lress to the iwoplc, "laying some blames on them for many vanities and their idleness", and prrMnising. if (xcasion rc- quirc<l. to «lraw the swor<l of justice.'* The (iovernor was not unrestrained in his authority over the colonists, for he was to "rule, punish, jxirdone and gov- erne accj>rding to such directi«Mis" as were given him by the London Company. In case of rel)ellion or nuitiny he might put into execution martial law. In matters not covered by his instructions he was to "rule and govenie by his owne discre- tion or by such lawcs" as he should think fit to establish.'' The Council, which hati fonncrly Ixrcn aIl-iK>wcrful. was now but an advisory lx»<Iy, a()i)«iintcil by the (it>vernor and remov- able at his discretion. Do la Warr chose for his Council Sir Th<»mas dates. Sir (ieorge Somcrs. Captain (leorge Percy, Sir I''erdinando Weinman. Captain Christopher Ncw|H>rt and William Strachey, Fscjuire.''* I''orgctting their former quarrels and factions, the people united in a zealous efTort to .serve their noble Governor. "You might shortly Ixihold the idle and rcstic diseases of a divided multitude, by the unity and authority of the govern- ment to l)e sul)stantially cured. Those that knew not the way to goodnes Ik fore, but cherished singularity and faction, can now chaike out the path of all res|)cctive dutie and service."*" For a while jK-ace and prosjK*rity seemed to have come at last to the little colony. All set to work with a g<>o<l will to build comfortable houses and to repair the fort. The chapel was restored. The (iovernor furnished it with a communion table oi black walnut and with pews an<l p»ilpit of cetlar. The font was "hewn hollow like a canoa". "The church was so •F. R.. p. ij8; For Tract I, p. 19: Cm., p. 407. "On., p. 407 "Gen., p. J7» ••K. R.. p. iji. "Force, Vol III, Tract I. p. ja
  27. 27. IS VIK(.INI A rXDKk TMK STUARTS cast, as to Ikt very lij^'ht within and tlie Governor caused it to Ik* kept imssinj; sweet and trimmed up with chvcrs flowers." In tlie evcninj;, at tlie rinj^inj^ (»f the Ik-11. and at four in the afterniK)!!, each man a<ldressed himself to prayer."" "Kvery Sunday, when the l>)rd (iovernor went to Church he was accompanied with all the Councillors. Ca|)tains, other officers, and all the gentlemen, and with a j^uard of fifty Hall>erdiers in his Lordships Livery, fair re<l cloaks, on each side and l>ehind him. The Lonl (iovernor sat in the choir, in a j^reen velvet chair, with a velvet cushion Ix-fore him on which he knelt, and the (ouiuil, captains, and officers, on each side of him."*' But the misfortunes of the colony were far from lieinj^ at an en«l. The princi|)al causes of disaster had not yet Ixren removed. Before many weeks had passed the "sickly sea- son" came on. bring^injj the usual accompaniment of sutTering and death. "Not less than 150 of them died of jiestilent dis- eases, of callentures and feavors. within a few months after" Lord De la W'arr's arrival.''- So universal was the sickness amoii}^ the newcomers that all the work had to Ix* done by the old .settlers, "who by use weare j^rowcn practique in a hard way of livinj^e"."*^ The war with the Indians continued without alxitement. causinj^ constant alarm to the settlers and keepinjj them closely confined to their forts. At one time fourteen were treacher- ously massacred by the Queen of ApfK)mattox. The En.udish revenj^ed themselves by attacking the savages, burning their villages and destroying their crops, but they could not force them into friendly relations.''* Lord De la W'arr. himself, was assailed by a series of mala- dies, that came near costing him his life. "Pre.sently after my arrival in James Town." he wrote. "I was welcomc<l by a hot and violent Ague, which held mee a time. . . . That disease had not long left mee, till ... I l)egan to In? distem- jHTecl with other greevous sickness, which successively & sev- •F. R.. pp. 1^9. 130. " F. R.. p. 130. *F. R. p. 134. "F. R.. p. 134, "F. R.. pp. IJ5. 136.
  28. 28. THK lOLNIM , . . . .i A 10 erally assailc«l inc : lOr licsidcs a relapse inlo the former (lisea5e: . . . the IHux sur])riscti me. and kept me many (laics: then the cramp assauhetl my weak Ixxly. with strong |>aincs: & aftcrwanl ihc (iuiit afllicted mc in such M>rt, that making my Uxly throujjh wcakncssc unable to stirrc, . . . drew u|»on me the disease called Scury . . . till I was upon the jHjint to leave the worl<l."" Realizing that it would k fatal f<^r him to remain longer in *irginia. the Lord (lovernor set sail with Captain ArgoII for the West Indies, where, he ho|Hrd, he would rcc«»vcr his health.** As (iatcs ha«l left the colony some months Inrfore. the government fell into the ex- perienced hands of C'a|)tain (ieorge Percy. "^ In the meanwhile the London Com|)any. umlismaye<I by their fonner failures, were preiwring a new cxpe<lition. which they ho|)cd would establish the colony uix)n a firm ffxiting. Three hundred inunigrants. carefully selected from the Ixntcr class of working men. were assembled under the command of Sir Thomas Dale. and. on March the twenty-seventh. 1611. emlKirkc<l f(»r Virginia. U|)on the arrival of the fleet at Jamest<nvn. Dale received the letters patent from Captain Percy, and assumed command of tlie colony as Deputy for Lord De la Warr.'"' The new (iovernor seems to have |KTceive<l at once that the chief source of disaster had Inren the Ir>cation of the settlement upon the Jamestown peninsula. The small area which this place afforded for the planting of com. and the unhealthfulncfis of the climate renderetl it most undesirable as the site for a colony. Fonner Governors had refused to desert the penin- sula Inrcause of the ease with which it couhl l>c defende<l against the Indians. But Dale at once l>egan a search for a s|>ot which would afford all the sectirity of Jamestown, but l»e free fn»m its many disa<lvantagcs. This he succeetled in fimling up the river, some fifty miles fn^n Janiestown."* "I have ^irveye<l." he wrote, "a convenient strong, heallhie and sweet scate to plant the new townc in. from whence might be no Tirfv. "Cfcn.. p 4Ha "IK • F. R.. p. IJ7. "' • t: F. R. p. 150.
  29. 29. THE FOUNDING OF VIRGINIA 21 more rcniDVc of the |)rinci|>all Scale." This place, which he named Henrico, was l«>cate<l not far from the f)oint of junc- ture of the James and tlic Ap|Kimattox. at wlial is now called Farrar's Island. Here the river makes a sweeping? curve, fonninj^ a i)cninsula aUnit one sqiuire mile in extent. In Aupist, if)ii, Sir Thomas (iates, returning to assume the command of the colony, pushed vij^orousiy the work upon the new settlement.*" Dale was .sent up the river with no less than three humlred men, with directions to con.staict houses and fortifications. The .settlers, working with new life and vigor in the more wholesome air of the upj)er James. s<K)n rendered the place almost imprcgnahlc to atl.ick from the In- dians. They cut a ditch across the narrow neck of the i)cnin- sula. and fortified it with high jxili.sades. To prevent a sud<len raid by the savages in canoes from the other shore, five strong block houses were built at intervals along the river Ixank. liehind these defenses were erected a number of substantial houses, with foundations of brick and frame superstnictures. ."^txMi a town of three streets had been completed, more commo- dious and far more healthful than Jamestown.®' When this work had l>ecn completed. Dale letl a force of men across to the .south bank of the river and t<x>k j)osses- sion of the entire peninsula lying l)ctween the Apix)mattox and the James. An Indian settlement just IktIow Turkey Island l)cnd was attacked and destroyed, and the savages driven away. The Knglish built a palisade over two miles long and reinforce<l at intervals with forts and blcKk houses, from the James at Henrico to the falls of the Appomattox. These forti- fications secured from the attacks of the savages "many miles 'f champion and woodland", and made it possible for the I-.nglish to lay out in safety several new plantations or hun- Ireds. Dale named the place Remiuda. "by rca.son of the ^trcngth of the situation". Here, for the first time, something like prosixrrity came to the colony. Although the "sicknessc" was not entirely elim- inated even at Henrico, the fxrrcentn^c of m.>rt.i!itv w.is crc.itly •Cm., p 4r.i * .Arh. Smith, pp yiQ. u... I" K, p. 157; (. r.i.||r ,1 Krp. j.. ijf..
  30. 30. 22 VIRGINIA UNDER THE STUARTS rctlucctl. SiHMi there were in Xirj^inia several IuMi<Ire«l |>cr- sons that lia«l lived thnuif^h the fatal ni<nuhs <>f June, July and Auj^ust and were ihoroiijjhly "seasoiictl" or inuiuuie to the native disortlers. Not luuil ifuS, when the settlers, in their greed for land suitahle for the cultivation of tobacco, deserteil their homes on the uj)|)er James for the marshy j^round of the lower ctmntry. and new. unacclimatctl |Jcrsons lx*j;an arrivinjj in great nunilK'rs. did the jHrstilence again assume its former i)ri>ix)rtions. Thus protected from the ravages of disease and from the assaults of the savages. Dale's men were able to turn their attention tt) the cultivation of the soil. Soon they were pro <lucing an annual crop of com sutVicient to supply their more pressing neetls. And it was well for them that they could hecoiue. to some extent. in(le|)endent of ICngland. for the Lon- don Company, at last discouraged hy continued misfortune, was often remiss in sending supi)lics. Clothing Ijecame ex- ceetlingly scarce. Not only were the gaudy unifonus of De la Warr's time lacking, but many i)ersons were forced to imitate the savages by covering themselves with skins and furs."- The CiMupany. however, succeeded in obtaining for them from the King many suits of old anuor that were of great value in their wars with the savages. Coats of mail and steel that had l)e- come useless on the battlefields of luiro|)e and had for years been ni.sting in the Tower of London, were i)olished up and sent to Virginia. Thus. l)chind the palisades of Henrico or in the fort at Jamestown one might have seen at this time sol- diers encased in annor that had done service in the <lavs of Richard III and Henry 'II."' The London Company, when they sent Sir Thomas Gates to 'irginia with the letters jwtent of i6cx;. gave directi(Mis that the utmost .severity should be used in putting an end to lawless- ness and confusion, (iatcs. who had fought against the Span- iards in the Netherlands and had the soldier's dislike of insulx)rdination. was well suited to carr' their wishes into effect. No sooner had he arrived from Devil's Island in 1610 than he fxistcd in the church at Jamestown certain laws, orders "E. R., p. 2j6. "• W .. .-•
  31. 31. THK I OINIMNG OK Vlk(ilNI ^ 3^ and inslriKlions which he warned the |>cj)pl». :..^. ....;sl olicy strictly."* 'I'hcse laws were exceedingly severe. It was, for instance, ordered that "ever>' man an<l woman <laly twice a day u|)on the first towhn)^ of the Hell shall ii|>on the working daies rejwire into the Church, ta hear divine Service u|>i>n pain of losinj^ his or her dayes allowance for tlic first omission, for the second to Ixr whipt. and for the third to k condemned to the dallies for six Months", .pain. it was decreet! that "no man shall j;ivc any disjjracefiill words, or commit any act to the di.sjjrace of any i>erson . . . njxMi painc of Ijeinj^ tied head and fectc together, uikmi the ^juard evcrie nij^hl for the space of «)nc mi>neth. . . . No man shall dare to kill, or destroy any IJuII. Cow. Calfe. Mare, Horse. Colt, Goate. Swine. Cocke. Henne. Chicken. I^>j;pe. Turkie, or any tame Caltel. or poultry, of what condition soever. . . . without leave from the (iencrnll. xm jKiine of death. . . . There shall no man or woman . . . tlarc to wash any unclean linnen . . . within the PaIliza<loes. . . . nor rench. and make clean, any kettle, pot or (>an . . . within twenty f(H»te of the oldc well . . . ui>on pain of whippinj^.""'* Durinp the a<lministration of (iatcs and De la W'arr these laws seem not to have l)eeti enforce vij^onnisly. hut were utilize*! chiefly in terrorcmV Un<ler Dale and .r^o|l. how- ever, not only were they put into merciless ofwration. hut were reinforced with a series of martial laws, drawn from the ctxlc in use amonp the armies of the Netherlands. The Divine. M<iral and Martial Laws, as they were called. umlouUedly hroujjht alxnit pxxl or<ler in the colony, and aided in the estahlishmcnt of pros|)erity. hut they were ill suited for the j^ncrnmcnt of free-lx>rn F.n^lishmen. 'I'hey were in o|)en violation of the rii^hts j^iaranteed to the settlers in their charters. an<l caused hitter discontent and resentment. At limes they were eii forced with o<lious harshness and injustic^. Molina declared that the Governors were most cruel in their treatment of the ixropje, often usinjj them like "F. R. p ij6; Gen., pp. 34J. US, $a8, 529: Force. Vol. IM. Tract 11. " Force. Vol. III. Tract II. pp. 9-10 * Brucr. Injt. Hi»t. Vol I, p. 474.
  32. 32. 24 VIRGINIA UNDKR THE STUARTS slaves."' I'he N'ir^inia Assembly of 1624 gives a vivid, though inrrhaps an exaj^^jjeraled. picture of tlic severity of the jjovern- nient. "The Colony . . . remained in great want and misery under most severe and Cnicll lawes sent over in j)rinte," they saiti, "and contrar)' to the express Letter of the Kingc in his most gracious Charter, and as mcrcylessly executed, often times withinit tryall or Judgment." Many of the ()co|)le fled "for relicfe to the Savage luiemy. who Ixring taken againe were putt t») sundry deathes as by lianginge. shooting and l)rcaking ui)iH)n the whcele and others were forced by famine to filch for their JH-llies. of whom one for steelinge of 2 or 3 pints of oatmeale iiad a l)odkin thrust through his tounge and was tye<l with a chain to a tree untill he starved, if a man through his sickncs had not l>een able to workc. he had noc allowance at all. and soe consequently i^erished. Many through these extremities, I>eing weary of life, digged holes in the earth and there hidd themselves till they famished.""" In 161J. several men attempted to steal "a barge and a shallop and therein to adventure their lives for their native country. l)cing discovered and prevented, were shot to death, hanged and broken uikmi the wheel"."" There was some criticism in Kng- land of the harshness of the laws, but Sir Thomas Smith, then the guiding spirit of the London Company, declared that they were l)eneticial and necessary, "in some cases lui tcrrorum. and in others to be truly executed".'"" As time passed and the population of the colony increased, it Ixrcame necessary to extend Ijeyond the confines of James- town an<l Henrico. The cultivation of tobacco, which was rapidly l)ecoming the leading pursuit of the [Kople. required more ground than was comprised within the fortified dis- tricts. Even the expansion of the settlement upon the upi>er James to other i)eninsulas along the "Curls of the River" could not satisfy the demand for arable land. .t one time the very streets of Jamestown were planted with tobacco."" Soon the people. desj)ite their dread of the .savages, were deserting their palisades, and sprca.hng out in search of fertile soil. " Gen., p. 648. * Nar. of Va.. pp. 42a, 423. "F. R.. pp. 148. 172. "•Gen., pp. 5J«). 530. "• Bruce, Kc. Hist., Vol. I. p. 222
  33. 33. i 1 1 I-, 11 H .M M .>ti « M- I IV' il M This rccklcsstuss broujjht upon the colony a renewal of the disastrous cpidcnucs of the carhcr j)erio<l, and cxposetl the planters to inunincut dauf^'er from the savaj^cs. Fortunately, however, at this very time the lonj; sought i>cace with the Indians was hn>UK'lit aUuil hy the romantic marriage of P«xa- hontas. the dauf^ditcr of the iK)werfuI chief Powhatan, with Captain John Rolfe. In the sprinjj of 1613 Sir Samuel Arpt)ll, while cruisinjj in the KapiKihaiuiock in (piest of corn, leanie<l from the natives that the princess was visiting? Jajwzaws, a neijfhlxDrinfj king, at his village ui^n the Potomac. Argoll at once resolved to capture the daujjhter of the greatest enemy of the white men, and to hold her until all the tools and weajwns stolen by the Indians had lK.*en rctunicd.'"' Hastening into the country' of the Potomacs. he di-manded the mai<l of Japa- zaws. The king, fcarinjj the hostility of the Knjjiish more than the anjjcr of P«)whatan. consented, althoujjh with jjreat reluctance, and she was placed alK>ard Arj^oll's ship. The news of the capture of his favorite child fille<l Powhatan with raftje and pricf. 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.'*** He liberated seven captives and sent with them "three pieces, one broad Axe. and a long whi[>-saw. and one canow of Come".'** Knowing that these <lid not constitute all the t(x>Is in the hands of the king, the F.nglish refusetl to relinquish Pocahontas, but kept her a prisoner at Jamestown.'" The young princess was treated with consideration and kindness by (lovcrnor Dale. Her gentle nature, her intelli- gence and her l)eauty won the resjxx-t and love of the steniest of her captors. Dale him.self undcrt<x>k to direct her educa- tion, "I was moved." he exclaimed, "by her desire to be taught and instructed in the knowledge of ChxI. her capable- ness oi understanding, her aptness and willingness to receive any good impression. ... I causetl her to l>e carefully in- structetl in the Christian religion, who. after she had made "•Ctcn.. p. 642. "•Gen., p. fvij. - ( ;rn . pp (<4i. 644, • Nar. of Va„ p. jo&
  34. 34. vik(;i.i A I some i;o«kI i)r()jjrc.ss therein, renounce*! publicly lier Country's idolatry; oiK-nly confessed her Christian faith; ami was, as she desired, haptizcd."'"* iicfore many months had passed the charm of this dauj^hter of the American forest had inspired a deep love in the breast of CajXain John Rolfe. This worthy j^entleman. after struj^- j^linj^ l«»nj^ aj^ainst a passion so stranj^e and unusual, wrote Dale askinj^ |)crmission to wed the j)rincess. I am not ignor- ant, he said "of the inconvenience which may . . . arise . . . tt) be in love with one whose education hath bin rude, her manners barbarous, her j^cneration accursed".'"' But I am led to take this stej), "for the j^<xk1 of the plantation, for the honour of our countrie. for the glory of (itxl, for my owne salvation, and for the Cf)nvcrting to the true knowledge of (lod and Jesus Christ, an unbcleeving creature, like Pokahun- tas. To whom my heartie and iK-st thoughts are, and have a long time bin so intangied. and inthralled in so intri- cate a laborinth. that I was awearied to unwiiide myselfe thereout."'"" Dale, overjoyed at this opi)ortunity to secure the friendship of the Indians, consented readily to the marriage. Powhatan, t(K). when he learned of his daughter's atTectit)n for Caj)tain Rolfe. e.xpres.sed 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 Knglish and Indians regarded this wedding as a Ixmd of friendship between the two races. Apachi.sco, acting as deputy for P«»whatan. concluded with Govcnior Dale a j)eace which lasted eight years and was fairly well kept by Ixith parties.'"" "Besides this." wrote Captain Ralph Ilamor. "we l)ecame in league with our ne.xt neighlx:>rs. the Chicahamanias. a lustie and daring i^ople. free of themselves. These i)eo|)le, as soone as they heard <tf our j)eace with Powhatan, sent two messengers with presents to Sir Thomas Dale antl otTere<l . . . their service.""" Thus was one of the greatest menaces to *.rb. Smith, p. 512. *" N'ar. of V.i.. p. 241. •* Nar. of Va.. pp. 240, 241. *" F. R.. p. J05 ; Arb. Smith, p 514. ••• Arh. Smith, p. 515.
  35. 35. THE FOUNDING OF VIRGINIA zj the i)rns|>crity of the colony rciiu»vc<l. Now the settlers could cultivate the soil, or hum ami fish without fear of the treacher- ous savaj^'e. ami leave their cattle to ranjje in coniiwrativc safety. Jt>hn Rolfc himself wrote. "The s^xx^^X hiessinjjs of CumI have followe<l this jK'ace. an<l it. next to him. hath hrctid our pleiitie—everie man sitting un<lcr his fi^ tree in safety. I^therinj; and reaping; the fruits of their labors with much joy an<l comfort.""* In 1616 Sir Thomas Dale, who had Inrcn in command of the colony since the departure of dates in i^H4, returned to Kn^land. leaving; the j^oveniment in the hamis of Cafitain (ieorije Veardley. Despite the harshness and crtielty of Dale an<l (.Jatcs. they must Ik.* cre<lited with ohlaininj^ the final success of the colony. These two stern .soldiers of the Dutch wars had found the settlers «lispiritcd. reduced in numl>ers, fijjhtinj; a losing hattle aijainst |)cstilcncc. starvation an«l the savages. By their rij;i<l discipline and ahic leadership they had brought unity and prosiK-rity. had tauj^ht the i>cople how to resist the sickness, and had secured a lonjj iwace with the Imlians."^ Dale left alxuit three hundred and fifty persons in Virginia, most of them thoroughly acclimated and busily enjjage<l in huildinj^ up prosixrrily for the colony. Tobacco was already Ixrcomini; the staple pr«Kluct of *ir- jjinia. As early as i^)ij Captain Rolte ha<l l)ecn experimenting with the native leaf, in an effort to make it suitable for the Knjjlish market."' In 1613 he sent a fxirt of his crop to Lon- don, where it was tested by ex|)erts and pron<nmce<l to Ixr of excellent cpiality."* The colonists were j^reatly encouraj^eil at the success of the venture, for the price of t«>bacco was high, an<l its culture atTorded op|)ortunities for a rich return. Soon every fx-rson that could secure a little jxitch of jjround was dcv(>tinp himself eafjerly to the cultivation of the plant. It even l)ccame necessary for Dale to issue an order that each man sliould "set two acres of jn'"""^' with com", lest the new craze should lead to the neglect of the foo«| supply."* In '" F R.. p. ij6. " V. R . pi> ^.*o. jj6. '" Hriicf. Ec. Hist.. Vol. I "•F. R.. p 1^7: Bruce. x. Usst. Vol. I. p. 217. •"F. R. p. u» Gen., p 7»J
  36. 36. -8 VIRGIN! V U THK STL v.>i 1017 //««• Gi'orgc sailed for I'Lnj(Iand laden with 20.000 I»unds of tobacco, whicli found a ready market at five shil- linj^'s and three jx^nce a ixiund. John Kolfe's discovery was ojK'iiinj^ for X'irj^inia a veritable j^t^ld mine. I'ortunately the Kinj^, in (>2, had j^ranted the Company an e.em|)tion for seven years from custom duties ujKjn j^«x)ds brouj^ht from the colony. So, for a while, at least, the Crown could not appropriate to its own use the jirofits from the Virj^inia 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 plant- ers the entire crop, j^ivinj^ them for it three jx^nce i>er jKjund, while they themselves were able to obtain a nuich larger price from the I''nglish dealers. The pnjfits thus secured were at once utilized in new meas- ures for increasing and strenj^^thening the colony. En- couraged by the discover)' in X'irginia of so profitable a commodity, the Comj)any l)ecame convinced that now at last success was at hand. "Broadsides" were sent out to the British i>eople. depicting in glowing temis the advantages of the country, and asking for immigrants and for financial sujv port. Once more a wave of enthusiasm for the enterprise swept over England. Money was contributed liberally. The clerg}', 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 l>eing fitted out for the voyage across the Atlantic, and hundreds of arti.sans and lal)orers were |)rcparing to risk their all in the Ww World."" "• i--. R.. p. -fOQ.
  37. 37. « II n i.k II The LSTABLlSIIMtNT 1)1 KurKriSKNTATIVK (loVKHNMKNT Kinp James I, from the Iwjjinninp of his rcif^n. was (lecply desirous of plaiuinj: the KiiKlisii nation ui»n the shores of the New Workl. It was with envy and alarm that he wit- nessed the extension of the |)»»wer of Spain and of the Roman Catholic church across the Atlantic, while his own suhjects were excluded from a share in the splendid prize. He must have i>erceived clearly that if the I-'nj^lish wishe<l to maintain their jx^sition as a ^rcat naval and mercantile i>eople, the cs- tablishinjj of colonies in America was iminrrative. Pcai. Mexico and the West Indies added preatly to the wealth and I>ower of the Spanish Kinj;: why should Knjjland not attemjit to jjain a foothold near these countries, Inrfore it l)ecamc too late? Rut James had no desire to arouse the hostility of Philip III. Despite relipious dilTcrcnces. despite the hatred of the Kn^lish for the Spaniards, he had reversed the i>olicy of F.liza!)eth l)y cultivatinj; the friendship of these herc<litary enemies. And so wetl«le<l was he to this desij^n. that later, when his son-in-law. I'Vctlerick of the Palatinate, was l)einj^ overAvhelmed by a coalition of Catholic nations, he refuse<l to atTront Spain by cominp to his rescue. Vet he knew that Philip considered America his own, and would resent any attempt of the Knjj- lish to establish colonies on its shores. So the crafty James rcsolvc<I to dispiiise the founding of a royal colony under the puisc of a private venture.' If the Spaniards compIaine<I of the occujwtion of their territor)-. he could free himself from blame h)' placinj» the resfK>nsibility upon the Lon<lon Com- p;»ny. "It it take not success." his advi.sors told the Kinp. "it is done by their owne heddes. It is but the attempt of private pentlemen, the State sutlers noe losse, ntxr tlisreputa- • F. K . p (^.
  38. 38. VIRGINIA UNI>K IV M I lion. If it lakes success, they are your subjects, they doe it for your service, they will lay all at your Majesty's feet and interess ycuir Majesty therein."* James was (juite lilnrral in j^rantinj^ charters to those that had undertaken the settlement, and he encourajj^ed them as much as was consistent with his friendship for Spain. It was truly written of him after his death. "Amonj^st the . . . workes «)f the late Kin^^e. there was none more eminent, than his pracinus inclination ... to advance and sett forward a New Plantation in the New World. "^ 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 dei)ths of his soul, and could have no desire to sec them infect the I-lnjjlish settlements in .America, yet his solicitmle for the welfare of the colony induced him to yield to the re{(uest of the Pilj^rims for i>er- mission to settle there. How much j^reater was his foresight than that of L<»uis XIV'. who. by refusing to allow the i)erse- cuted Huguenots to settle in any part of his domains, deprived the I-rench colonies «)f what might have l)een their most numer- ous and valuable recruits! W'hen some of the leading men of the London Comi)any pleaded with James for the Puritans, the King lent a ready ear. He was asked to allow them "lil)erty of conscience under his . . . protection in America; where they w<nild endeavour the advanceiuent of his Majesty's dominions, and the enlargement of the interests of the (iosjwl". James replied that it was "a good and honest motion". He refused to tolerate them by public authority and would not confirm under the broa<l seal their |x?tition for leave to worship as they chose, Init he let it Ik.* understood that they were not to l)e molestctl in their new homes in any way.* .And in this promise they finally decided to put their tni.st. feeling that "if afterwards there should l)e a pur[x)se or desire to wrong them, though they had a scale as broad as ye hou.se flore. it would not serve ye turn; for ther would l>e means a new found to recall or reverse it".'' * F. K, p. 76. •ficn, p. 10J7. •F. R.. p. i65. 'F. R.. p. 271.
  39. 39. REPRKSKNTATIVE GOVERNMI N ! ji But the cliicf izh>Ty «>f the establislinicnt el the Miijih.^li in America must l>e j^iven t<> the iwlriotic ami jierscverinjj men t)f the N'ir^inia C'cunpauy. It is erroneous and unjust to accuse them of mean ami mercenary motives in foundiii}; and maintaining; the c<»lony at Janurstown. Some of them. |)cr- haps. were dazzle<l with visions of a rich harvest of jjold and silver, hut most must have realize<l that there was small chance of remuneration. Many were merchants an<l husiness men of jjreat foresij^ht and ahility. and it is quite evident that they were fully aware of the risks of the uiulertakinj; in which they ventured their money. What they <litl hojic to jjain from the colony was the propagation of the Knj^lish Church, the exten- sion of the I'jij^lish nation an<l its institutions, and the increase of British trade. Over and over aj^ain it was asserted that the first ohject of the enteri>rise was to sprca<l the Christian relij^ion. In 1610 the London Com|)any declared it their csi)ecial purjiose "to preach and l)a|)tizc . . . and hy propagation of the Ciosj^ll. to recover out of the annes of the Divell. a numl)er of ixx>re and miseraNe soules. wrapt up unto death, in almost invincihie ignorance".'* The first draft of the N'irpinia charter of 1606 declared that the lea<linjj motive of this "nohle work", was "the planting; of Christianity aniontjst heathens".' The charter of i(>o<^ asserted that the "principle ctTect, which we can desire or cxi)ect of this action, is the conversion and re<liK:ti«>n of the iK'ople in those parts unto the true worship of (mkI".* That they were al.so actuated hy a desire to extend the British jjossessions and trade is attested hy numerous (Khtu- ments and letters. The Comjwny declare<l it their puriK>se to promote the "honor and safety of the Kin.i;<lonie. the strenjjth of our Navy, the visible hoj>e of a jjreat and rich trade".* One of the leading shareholders wrote that the col- ony should k upheld for "ye Honor and protiit to our Nation, to make provinciall tt) us a land ready to supply us with all •Cfcu., |>. .UQ ' ! R.. p 6. *Gcn. p. jy». Compare i .-'•i. J6|J, J64, ji. 24^. Sii; Ccti. pp. 49. 146. •F. R., p.80.
  40. 40. i2 VIK(.I1. INDKK THK STlAkTS necessary ctJiniiKxlylyes wanting to us: In which alone vc sulTer ye Spanish reputation and jMJWcr to swell over us."'" The colonists themselves declarec! that one of the objects of the settlement of America was the extension of British territc»ry and the cnrichinj^' of the kingdom, "for which res|)ccls many noble and well minded i)ersons were induced to adventure j^'reat sums of money to tlie advancement of so pious and noble a workc"." The Company, in fact, did no more than take the lead in the work. It was really the luiglish nation that had decided to second their Kinj^ in j^aininj^f a f<X)thold in America, and it was they that insisted that this foothold should not l>e relin- (juishcd. Ajj^ain and again the London Company apj)caled to the i)eople for sui)i>ort, 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 Com- I)any "are so farre from yielding or giving way to any hin- drance or imiK-achment . . . that many . . . have given their hands and subscribed to contribute againe and againe to new supplies if need rcc|uire*'.'' Hut 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 lil^eral institutions of the mother country transplanted to V'irginia. He wishe<l. l)eyond doui)t. to build a colonial empire wliich should be dei>endent u[x)n himself for its government and which should add to the royal revenues. In this way he would augment the ixiwer of the Crown and render it less subject to the restraint of Parliament. Rut to found colonies that would .set up little as>^emblics of their own to resist an<l thwart him. was not at all his intention. On the other hand, many of the leading spirits of the Lon- *• F. R.. p. 40. " Gen., p. 50. "<icn.. p. 355.
  41. 41. KKPRIuSKNTATI VK (.« .%. k n M in. U (ii)ti c nm|>;iny ho|)c<l "to cstal>lish a more free f^wwumivui in V'irjjinia"." Some, iwrhaps. icarcil that the hlwrtics of the Knj^hsh jM^ople mij;ht Ik: suppressed by the Kinjf, and they Iooke<l liojK' fully to this new laiul as a havcu for the oppressed, "Many wortliy Patriots, Lords. Kuijjhts, gentlemen. Mer- chants and others . . . laid hold on . . . Virginia as a providence cast Inrfore them."'* In the meetings of the Com- j>any were gatherc«l so many that were "most distaste*! with the prtHTcedings of the Court, and stfxxl Ixrst affected to Re- ligion and Liberty", that James l>egan to look upon the Ixxly as a "Seminary for a seditious Parliament".'* The leader of these liberals was Sir Edwin Sandys. This man, who was witlely known as an uncompromising enemy of desix)tism. was heartily detested by the King.'* In his youth he had gone to Geneva to study the refomie<l religion and while there had l)ccome most favorably impressed with the republican institutions of the little Swiss state. He was after- wards heard to say that "he thought that if (i«Hl from heaven did constitute and direct a forme of govcniment on Karth it was that of Cicneva".'^ Returning to Knglaiid. he had en- tered Parliament, where he had l)ccomc known as an eminent advocate of lilxrral principles. Me had contended for the abolition of a>mmercial monopolies; had demantled that all accused jjcrsons be given the assistance of counsel: had de- nounced many of the unjust imjx^sitions 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 re- monstrance .igainst the conduct of James towards his first Parliament.'" But Sandys and his friends were not without opposition in the London Comi>any. Many of the "adventurers", as the stockholders were calleil. were by no means willing to permit the lil)eral parly to utilize the Company as an instrument for propagmting their jwlitical tenets. The great struggle be- tween the forces of progress and reaction that was convulsing - F. R.. p. 5S«. - F. R, p. 85. " F R . p. ij7. - F. R . VI. "F R. p. .?5i -F R. p 7^
  42. 42. 34 VIK(.IM. INDKk THE STUARTS rarliaiiKMit ami the iiaiinu. was fc»u^;hl over a^ain in the Quarter Courts. At times the meetings resounded witli the «|uarrcls t»t the contending' factions. ICventually, however, Sandys was victorious, and rci)rc>entative goveniment in America was assured. Sandys seems to have plannc*! to secure from the Kinj^ suc- cessive charters each more hlnrral tlian its predecessor, and each entrusting more fully the control of the colony to the ComjKiny. This could l)c done without arousing' the suspicions of James under the pretext that they were necessary for the success of the enterprise. When at lenj^th sufticient i)ower had been delcJ^^'Ued. Sandys desij.;ned to establish in Vir- j.jinia a representative as.sembly. modelled u|M)n the British Parliament. Under the |)rovisions of the charter of (ic/) Vr^'n:i had l)cen. in all but fomi. a royal colony. The Kinp had drawn up the constitution, had api>ointed the Council in ICnjj^land. and had controlled their jx)licies. This charter had granted no semblance of self-j;«)vernment to the settlers. Hut it was de- clared "They siiall have and enjoy all the lil>crties. franchises, and immunities ... to all intents and puqx^ses. as if they had l)cen abidinej and l)orn. within . . . this realm of Kngland".*" This promise was not kept by the Kini^s of Rnijland. Several of the |)rovisions of the charter it.self were not consistent with it. In later years it was disrej^arded aj^ain and ajjain by the royal commissions and instructions. 'cl it was of the utmost imiH)rtance. for it set a goal which the C(^lonists were deter- mined to attain. Throup^hout the entire colonial i)erio<l they contended for all the rij^hts of native Englishmen, and it was the denial of their claim that caused them to revolt from the mother country' and make good their indeiiendence. Provi- sion had also l)een made for trial by jury. James had decreed that in all cases the Council should sit as a court, but in matters of "tumults. rel)ellion. conspiracies, mutiny, and .seditions . . . iniirther. manslaughter", and other crimes punishable with <leath. guilt or inn^Kence was to l)e determined by a jury of twelve. To what extent tlie Council made use of the jury "Cicil., pp. (lO, f>t.
  43. 43. KKI'KICSKNTATIVK (.OVKKNMKNT 35 system it is ini|M>ssil)lc to say, hm WingficUl stales that on one (Kcasion he was tried Ijcforc a jury for slander, and hncd £300.'° The second charter ha<l l)een jp-antcd in iTior;. This docu- ment is of preat imix»rtance liccausc through it the Kin^ re- ^ij^ned the actual ct»ntr«»I of the colony into the hands of the 'ir^inia Comjwny. And altlum^h this di«l not result immc- thatcly in the estahlishment of representative K<»venuncnt. it >tren^jlhencd the hands of Sandys an<I ma«le it |K>ssiI)le for him to carry out his desijjns at a future <latc. L'n<ler this charter the C'om|>any mij^ht have set up lil)cral institutions at once in X'irjjinia. hut conditions were n«)t r'iK, cither in Mn^jland or in America, for s<» r.idical a chan>^e. In (iiJ the third charter had Ixren j^rantcd. This had still further strcnj;thened the Company and made them more indc- fKMident of the Kinj^. It jjavc them the im|)ortant privilejje of holdinjj jjreat quarterly meetings or assemblies, where all matters relating to the government of the colony couhl k MjKMily discusse<l. Still N'irj^inia remained under the autcKratic rule of Dale an<l (iates. In 161 7 or lOiS. however, when the liU'rals were in full control of the Company, it was decided t«» j^rant the colonists the privilege of a parliament.'-* In April. i(uH, Lord I)c la Warr sailed for *irpinia to reassume active control of affairs there, brinj^njj with him instructions to establish a new form of jjovernment. What this jjovernment was to have l)cen is not known, but it was desij^ned by Sir Edwin Sandys, and beyond doubt, was lilxrral in fonn.^^ Possibly it was a dupli- cate of that established the next year by Ciovemor Yeardley. Most unfortunately. I^>r<l De la Warr. whose health had Inren shattered by his first visit t<> X'irj^inia. died durinjj the v«>yape across the Atlantic, and it l)ecame necessary to continue the old constitution until the Com|>any cmild ap|M^int a successor.'* In oveml)er. ifjiS. ricorf^e N'eanlley was chosen Clovenior- Cieiteral of 'ir>;inia. an<l was intrusle«l with several dtKruments In- whose auth<»rity he w.is to establish representative j;ovcm- • ArK Smith. IxxxlU. " F. R.. p. a66. I • "F. R . pp. j8i. jfti.
  44. 44. JO VIRGINIA UNDKR THE STUARTS iiiciil in the colony.-* llicse pajHrrs, which l>ccamc known as the irj^inia Maj^iia Charta, were the ver)' corner-stone of lilnrrty in the colony and in all America. Their inii)ortancc can hardly Ih? cxajj^eratcd, for they instituted the first repre- sentative assenihly of tlie New World, and established a gov- ernment which proved a Iniiwark against royal j)rcrogative for a century and a half. Governor Vcardley sailed from I'lngland January, 1619, and reached Virginia on the -.'9th of April. After some weeks of preparation, he issued a general j)roclamation setting in oj)era- tion 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 accpiittcd from such publique services and labors which formerly they sufTered, and that those cruel laws by which we had so long l)een governed were now abro- gated, and that now we were to be governed by those free laws which his Majesty's subjects live under in Englandc. . . . And that they might have a hand in the governing of them- selves, it was granted that a General Assembly should l3e 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 l)e thought good and i)r<>ftittablc f<^>r our subsistence."-"' The e.xact date of the election for Burgesses is not known. ^* The statement that the representatives were to be "chosen by the inhal)itants" 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 ballot- ing lx)x." From the very -first there were parties, and it is possible that the factions of the London Company were re- flected at the polls in the early elections. The Magna Charta made provision for the establishment of lx)roughs. which were to serve l)oth as units for local government and as electoral di.s- tricts. No attempt was matje to .secure absolute uniformitv of population in the lx>roughs. but there were no glaring inequali- T. R.. p. 203. "I". R.. p. 312. "F. R. p. 315.
  45. 45. kKPRF»SKNTATIVK GOVERNMI NT 37 lies. With the rcj^^ird for the practical which has always l>een cliaractcristic of KiiKlishmcn, the Company seized iifKMi the existing units, such as towns, plantations and hun<lre<ls. as the basis of their lx)rouj;hs. In some cases several of these units were merged to form one boroujjh. in others, a plantation or a town or a hundred as it stcxxl constitute*! a !K)rouKh. As there were eleven of these districts and as each district chose two lUirjjesses. the first General Assembly was to contain twenty- two representatives." The Assembly convened at Jamestown. Auj^ust Qth. 1619. "The most convenient place we could finde to sitt in." says the minutes, "was the Quire of the Churche Where Sir (ieorpe Vcardley. the Governor, l)cinj^ sett down in his accustomed place, those of the Counsel of Instate sate ncxte him on l)oth hands exceptc onely the Secretary then apix)inted Speaker, who .ite rijjht l)etore him. John Twine, the clerk of the General Assembly. Ikmuj^ |)laced ncxte the Si)eakcr. and Thomas Piersc. the Serjeant, standing at the barrc. to l)e ready for any service the Assembly shoulde comand him. But forasmuche as men's atTaires doc little prosjHrr where God's service is nejjlectetl. all the Burgesses tookc their places in the Quire till a prayer was aid by Mr. Bucke, the Minister. . . . Prayer being t ndcd, . . . all the Burgesses were intreattcd to retyre thcm- flves into the bo<ly of the Churche, which Iwing done, before they were fully admitted, they were called in order and by name, and so ever>- man tooke the oathe of Supremacy and entereil the Assembly."-" The IxMly at once claimed and made good its right to exclude I'urgcsses who they thought were not entitled to seats. The ."^IK'aker himself raised an objection to admitting the represen- tatives of Warde's plantation, iK'cause that settlement had !>een made without a commi.ssion from the London Company. I'ut Captain W'arde promised to secure a patent as soon as l»*>ssible. and the objection was waived. The Assembly re- fused al)solutely, however, to .seat the Burges.ses from Martin's Ihm<lre<l. Captain Martin had l)een one of the first Council for 'irginia. and as a reward for his long services had been " Nar o{ Va . pp. 249. 250. * N*ar. of V«.. p. 3$t.
  46. 46. >S Vlk(;iNI. I'NDKR THK STIAUTS ^,'rantcil privilcj^c^ ihat rciulcrctl him almost indeiHriKlcnt of the government at Jamestown. He was summoned l)cforc the Assembly and re(|iicsted to relinquish these extraordinary rij^hts, but he refused to do so. "I hold my patent." he said, "for my service don, which noe ncwe or late comer can meritt or challenge."-" So the Assembly, feeling that it would l)e mockery to iKjnnit the Burgesses from Martin's Hundred to assist in the making of laws which their own constituents, Ixxausc of tiieir esj>ecial charter, might with impunity disolxry, refused to admit them.^" The legislative jxnvers 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 apjxrrtaining to the safety and welfare of the colony. Statutes were enacted in the session of 1619 touching ujwn Indian affairs, the Church, land patents, the relations of servants and landlords, the planting of croi>s. gen- eral morality in 'irginia. the price of tol)acco. foreign trade, etc. The collected laws of the entire colonial i)erio<l fill many volumes, and cover a vast variety of subjects. But there were three things which limited strictly the Assembly's tield of action. They must j)ass no statutes contravening first, the laws of England; secondly, the charters; thirdly, the instruc- tions 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 tiicy were not always carefully regarded. The Comi>any. and later the King, retained two ways of nullifying legislation which was unauthorized, or was distasteful to them. I*'irst. there was the veto of the Governor. As the guardian of the interests of I-'ngland and his monarch, this officer could bliK-k all legislation. Secondly, the Company, and later the King, could veto laws even though the Governor had consented to them. K. R. p. 3«7. Nar. of Va , pp. 252. 2Si, 254, 355. 260, 261.
  47. 47. kKPRIuSKNTATIVE GOVHKNMKNT 39 But the most im|>ortant ptnvcr exercised by tm- .ssi:inbly was its ct)iitrol over taxation in 'irj;inia. In the very first session it made use of this privilege l>y orderinj;, "That every man an<l manservant of al)«»ve i^) years of aj^e shall jwy into the handcs and C*nsl<Hly of the Hiir^;c«ises t»f ever)- Incoriwra- tion and plantation one |x)und of the IksI Tobacco"." The funds thus raised were utihzed for the payment of the officers of the Assembly. The levy by the |k)1I. here used, was continued for many years, and l)ecamc the cliief supiK)rt of the Ko^'c»""'"cnt. As tlie colony ^J^cw, however, and the need for jjreater revenues was felt, customs duties and other fonns of taxation were res(»rted to. I-arjje sunis were raised by an export duty ufxin tobacco. At times tarilTs were placed ujvmi the imiK)rtati«>n of li<iu«)rs. slaves an»i other articles. Hut these duties had to l»e used with j^rcat care, for the carryinjj of the colony was done chiefly by l-'n^lish merchants, and Parliament would jwr- mit nothing detrimental to their interests. The .ssembiy claime<l the exclusive rij^ht to levy tjeneral taxes. The (iovcrnor and Council time and .i^riin tried to wrest this privilejjc from them, but never with success.'* The Bur- ge.'ises, realizing that their hold uixm the exche(|uer was the chief source of their ix)wer. were most careful never to relin- quish it. From time to time the Governors soujj^ht to evade this restraint by Icvyinjj taxes under the piiise of fees. But this exi)edient invariably excited intense irritation, and yielded a revenue so small that most Governors thought it l>est to avoid it entirely. Of more imi)ortance were the quit-rents, a tax on laml. |>aid to the Kinj; by all freeholders. But this was frequently avoide<l. an<l, except at rare intervals, the funds raised by it were left in 'ir^inia to k exi)en<led for local purjjoses. The greatest blow to the |M)wer «>f tlic Burpesses was struck by the Kinj; in if>So. when he force<l throujjh the A.ssenihly a law grantini: t.. tin- .'..vrrntnent a ixrrjietual income Nar. of Va.. p. 276. "In l6ftj ihc .Xtscmhly k'-''^ '^'' i'"rr t.. the (ii^vcrmir and Council for thrct ycart to levy a small tax by the poll. The county taxes (or defraying Uical cxpen»e«, were at»c»»cd and collected by the <n«ri. r^ .W the peace. The vetirie* controlled the raiting of the parish dti>
  48. 48. 40 VIR(;iNl A INDKK THK STUARTS from the cxiKjrt duly on tobacco. This rcvcimc, although not larpc. was usually sufticicnt to pay the Governor's salary, and thus to render him less deiHjntlcnt wpou the Assembly. Finally, it must not k forj^otten that the ICnj^lish j^ovcrnmcnt, althouj^h it refrained from taxing,' the colony directly, imijosed an enor- mous indirect tax by means of a tarilT ui>on tobacco broupht into Kni,dand. These duties were collected in Knj^land. but there can l)e no doubt that the incidence of the tax rested partly uy>u the Virginia j)lanters. Despite these various duties, all levied without its consent, the .Assembly exercised a very real control over taxation in Virj^inia, and used it as an effec- tive wea[>on against the encroachments of the Governors. I*Vom 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 |)rivilegcs. During the decade preceding the Knglish Revolu- tion only the heroic resistance of this Ixxly .saved the lil>eral institutions of the colony from destruction at the hands of Charles II and James II. The General Assembly was not only a legislative Ixxly. 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 fiovernor and Council. The (ieneral Assembly consisted of two chaml)crs—the House of Burgesses and the Council. In the early sessions the houses sat together and probably voted as one Ixxly." Later, however, they were divided and voted separately. The Bur- gesses, as time went on, gradually increased in numl)ers until they became a large l)ody, but the Council was always small. " Miller, p. 4t.
  49. 49. RKPRESRNTATIVE GOVERNMENT 41 The C*«)iincillf>rs were royal ap|K>intccs. Hut since tlic King couM n<»l always knt»w iK.Tsi»naIly the prominent men of the colony, he hahitnally confinneil without question the nomina- tions of the (lovernor. The mcml>cr.s of the Council were usually i)ersons of wealth, intluence and aliiliiy. As they were subject to removal by the King and invariably held one or more lucrative governmental ofTices, it was customary for them to display great senility to the wishes of his Majesty or of the (Governor. It was very unusual for them to opjxjsc in the As- sembly any measure recommended by the King, or in accord with his expresse<l wishes. Although the Councillors were, with rare cxce|)lions. natives of N'irginia, they were in no sense re|>resentaiivc of the jwoplc of the colony. As the up|>cr house of the Assembly, the Council exercised a i)»)werful intluence u|H)n legislation. After the separation of the chaml)ers their consent l)ccamc necessary for the passage of all bills, even money bills. Their legislative influence de- clined during the eighteenth century, however, l)ecausc of the growing spirit of lilwralism in Virginia, and the increasing size of the House of Burgesses. The executive ix)wcrs entrusted to the Council were also of verv' great imiK)rtance. The Governor was compelled by his instructions to secure its assistance an»l consent in the most im|K)rtant matters. And since the chief executive was always a native of Kngland. and often entirely ignorant of conditions in the col(Miy. he was constantly force<l to rely .x)n the advice of his Council. This tendency was made more pronounced by the frequent changes of Governors that marked the last cpjarter of the seventeenth centur)'. So habitually did the Council exercise certain functions, not legally within their jurisdiction, that they liegan to claim them as theirs by right. And the Governor was comiK'lled to rcsixrct these claims as scrupulously as the King of Rngland respects the conventions that he<lgc in and limit his authority. Before the end of the seventeenth century the Council had acquired extraordinary influence in the govenmient. With the right to initiate and to bItK-k legislation, with almost com- plete control over the judiciary, with great influence in admin-

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