Virginia Under The Stuarts 1607 - 1688

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VIR(;iNMA UNDKR 11 II' STUAR I S

VIRGINIA INDKR III E
STL A R IS
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PRINCKTON nNlVKRSrrY PRKSS
F'RINCKION
l.UNUt)N HUMPHRKY MII.FORI)
OXFORD UNIVKRSITY PRKSS

Copyright, 1914, by
PlIlNCBTON L'MVEkSITV PRISS
Published February, I9U

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 îven 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^înia 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 jêneral 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 Vîrginia 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-

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.

( 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

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.

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

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.

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 Virjînia. 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 Winjîeld. HartholonKW (iosnold, (ieorjje
Kendall. John RatclifTe. John Martin and John Smith were
those that had Uên 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 ••
.. <....,

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.

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

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 charjê. 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
savajês. 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 aiiâinst 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 jôvernment 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.

THK l(K MM.Nti ni- VIKUIM 7
ûppiy hail ciudc a new Councillor, Matthew Smvcrur. ti»c
ôvcruiii)^ 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;iê 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 jôvcrnment.
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.

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.

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 Aujûst. i(>o<>. The newcomers told ('ai>tain
:^mith of the Company's new plan of jôvemmcnt, 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 chaniê 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.;âined 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 arraniêment <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.

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 Georgê 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 Virjînia. Gates received the old patent and
the seal from the President and the perio<l of the first royal
jôvenunent in V'irjînia 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'irjînia. 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.

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-

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. (
'•

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.

'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/'.

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

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.

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

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 rinjînj^ (»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 jûard 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. bringînjj 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 livinjê"."*^
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
revenjêd 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.

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.

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..

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 .. .-•

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 vijônnisly. hut were
utilize*! chiefly in terrorcmV Un<ler Dale and .rô|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 jîaranteed 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.

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

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&

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 jêntleman. after struj^-
j^linj^ l«»nj^ ajâinst a passion so stranjê 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 iôple. 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.

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

-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'irjînia 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
Virjînia 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, jîvinj^ 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.

« 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 (^.

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.

REPRKSKNTATIVE GOVERNMI N ! ji
But the cliicf izh>Ty «>f the establislinicnt el the Miijih.^li in
America must l>e jîven t<> the iwlriotic ami jierscverinjj men
t)f the N'irînia 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 ajâin it was asserted that the first ohject of
the enteri>rise was to sprca<l the Christian relijîon. 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.

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 jâininj^f a f<X)thold in America, and it
was they that insisted that this foothold should not l>e relin-
(juishcd. Ajjâin 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 lilêral 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>êmblics 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.

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^

34 VIK(.IM. INDKk THE STUARTS
rarliaiiKMit ami the iiaiinu. was fc»u^;hl over aâin 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 disrejârded ajâin 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.

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-
îj^ned the actual ct»ntr«»I of the colony into the hands of the
'irînia 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>ê.
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'irjînia 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'irjînia. died durinjj the v«>yape
across the Atlantic, and it l)ecame necessary to continue the
old constitution until the Com|>any cmild ap|Mînt a successor.'*
In oveml)er. ifjiS. ricorfê 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.

JO VIRGINIA UNDKR THE STUARTS
iiiciil in the colony.-* llicse pajHrrs, which l>ccamc known as
the irjînia Majîia Charta, were the ver)' corner-stone of
lilnrrty in the colony and in all America. Their inii)ortancc
can hardly Ih? cxajjêratcd, 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.

kKPRF»SKNTATIVK GOVERNMI NT 37
lies. With the rcj^îrd 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. Aujûst 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
."ÎK'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.

>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.

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>

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 forjôtten that the ICnj^lish jôvcrnmcnt, 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 Virjînia, 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.

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-

Virginia Under The Stuarts 1607 - 1688

Virginia Under The Stuarts 1607 - 1688

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