PART I.

dissolution

VIRGINIA,

After the minutes of the judicial proceedings of the governor of the Lon- and council, dated July ninth, 1630, it seems that "Dr. don Com- John Pott, late governor, indicted, arrained and found

pany.

*I. Henning.

General

guilty of stealing cattle; 13 jurors 3 whereof councellors, this day wholly spent in pleading; next day, in unnecessary disputation: Pott endeavouring to prove Mr. Kingswell (one of the witnesses against him) an hypocrite, by a story of Gusman of Alfrach the rogue. In regard to his quality and practice judgment respited till the King's pleasure known; and all the councel became his security."*

There was evidently something reformatory in the aspect of chief administration of the colony after it came under the Colo- the immediate supervision of the crown, as well as in ministra the submission of the colonists to its arbitrary exer

nial Ad

tion.

cise of power. The governors assumed more the posi-
tion and prerogatives of royalty than they did, or pro-
bably dared to, when they received their commissions
from the London company; while the people seemed
more in awe of the King's vicegerent than they for-
merly were of the company's agent. This may be at-
tributed in part to the more splendid appliances, the
provisions for residence, and regalia of office which
were the accompaniments of the royal gubernatorial
commissions. And the like exhibition of lordly pre-
eminence may be discovered in the members of the
council from the simple record of proceedings in the
trial of Sir John Pott. Out of respect to his quality
they ventured not to punish him "without knowing the
King's pleasure, and all the council became his secu-
rity."

Virginia The fact is, and it is important to be observed, Vir-
becomes a ginia from a subordinate trading establishment had
Royal
Colony. become a royal colony. Springing into being under

the auspices of a company whose operations had refer-
ence to a country newly discovered, not yet explored,
and whose riches and extent were not even dreamed
of, it was at first brought under a charter whose pro-

DURING THE REIGN OF CHARLES I.

PART I.

visions were mostly applicable to a mere commercial Virginia a A further knowledge of the territory lying Colony.

adventure.
along its coast, and the Islands in its interior and adja-
cent waters, prompted more liberal and extensive pro-
visions for its settlement under a second and separate
charter to the proprietors of the company. The still
more astounding development of its capacities, its
bays, its rivers, its soil, its population and productions,
which followed this charter, made it an object of more
enlarged enterprise and ambition, and secured for it a
proprietary government under a third charter, ac-
companied with all the paraphernalia and the applian-
ces of an effective political organization. Having ac-
complished the purposes of commercial enterprise and
political adventure, and made its vast regions capable
of becoming permanently tributary to the revenues of
a crown and the glory of a mighty empire, it be-
comes the acknowledged offspring, and is made the
special care of royalty.

Royal

Being thus made a royal colony, her chief officers The royalty of her assumed all the pomp, the circumstance and the insig-adminisnia of royalty. The salary of the governor was fixed tration. by an allowance from the crown. He was provided with a body of attendants consisting of "five or six sufficient men," who were maintained "on purpose" to wait on his person, and to do his bidding. The members of the state council, also, receiving their commissions directly from the crown, and feeling that they were but another peerage, adopted a loftier bearing, and a more sumptuous style of living; while the burgesses were not unaffected by a like pride of place and association. Hence the colony of Virginia early be-Her moncame, in its essential characteristics and appliances of archical government, a miniature exhibition of the monarchical elements in the constitution of the mother country. Year after year she avowed by her acts the supremacy of the crown, recognized the authority of the established church, and submitted to the jurisdiction of parlia

Virginia a ment, shadowing forth no principles which would prob Royal Colony, 1625 to 1651.

ably have led to a separation from the parent state, had she never been affected by the spirit which planted and reared the northern or New England colonies. The latter "within a few years of their plantation manifested the same spirit, and vindicated the same rights, which a century and a half afterwards produced a refu* Bissett's sal of British taxation, and independence on the British England, vol. 1. crown." *

The conservative

There was one feature, however, in the organization element in of the government in Virginia, which kept it near to her politi- the people and always conserved their rights and freeial organ- dom. That was, the representative branch of her gen

ism.

1634.

eral assembly, which was now too well established as
an organic element of administration ever to be dis-
turbed with impunity. Indeed the guarantee of her
future freedom consisted mainly in the fact that she
regarded her general assembly as her parliament, and
the powers which parliament claimed to exercise in
England she claimed to exercise through her legisla-
ture in the colony.

Re-district- In the year 1634 the whole colony was distributed
ing of the
Colony, off into eight shires, "to be governed as the Shires in
England." The names of the shires were, James-Citty,
Henrico, Charles-Citty, Elizabeth-Citty, Warwick-River,
Warrosquoyke, Charles-River, and Accomack:

Shire or
County
Courts.

Lieutenants were appointed in each shire the same "as in England, and in a more special manner to take "care of the war with the Indians: And as in England, "shireiffs shall be elected to have the same power as "there; and sergeants, and bailiffs, where need requires. "Commissioners, instead of £5 causes, may determine "£10 causes: And one of the council to have notice "and assist in each court of shire."

Sir John Sir John Harvey, at this time the royal governor of Governor. Virginia, was a man of a rapacious and tyrannical spirit, who ruled over the colony with the overbearing "insolence of office;" and in the oppressive exercise of

DURING THE REIGN OF CHARLES I.

PART I.

His admin

his princely prerogatives of power. He invaded the Virginia a right of property and embarrassed the trade of the colony Royalcolo ny, 1625 by arbitrary restrictions imposed in the shape of procla- to 1651. mations. For several years, out of respect to his com-istration. mission, they submitted to his administration; but their loyalty being taxed beyond the limit of endurance he was at length "thrust out of his government." "On Deposed April 28, the petition of many inhabitants, an assembly was 1635. called to meet on the seventh of May" following, "to receive complaints against him." The result was that he was convicted of mal-administration, sent a prisoner to England; and "Capt. John West was appointed to Capt. John act as governor until the King's pleasure be known." Governor.

West made

So summary and independent a method of redressing their grievances, was revolting to Charles' ideas of the homage and submission which were due from his subjects. He regarded it as a dangerous act of rebellion, Sir John and Sir John Harvey was sent back to resume his Harvey reby administration, with powers less limited and enlarged the King. prerogatives.

We are now approaching a period in the history of the mother country when the more active development of the political elements of freedom embraced in the protestantism of the reformation, interested and agita-Progress ted all classes and conditions of men. The more zeal- of Protestous of the Puritans had planted a colony on the inclem-England. ent shores of New England, which had become at once a permanent and flourishing settlement, while their sentiments were attracting the attention of aspirants after power and preferment, both in the church and state at home. I shall have occasion more fully to refer to this condition of things in the parent kingdom, when I come to the Second Part of this work. Suffice See PART it here to say, that the strifes it originated enhanced II. the domestic troubles which now seemed to be gathering around Charles I., leaving him but little leisure to interest himself in the administration of affairs either colonial in Virginia or New England. It made him also appre-the Cro

Virginia a hensive lest the grievances complained of in America Royal Colo- might reach the ear of parliament and the nation, and

ny, 1625 to 1651.

Sir Wil

liam Berke

thus increase the discontent and hostility which his home-administration had already generated. He accordingly adopted a more lenient policy, and appointed

Sir William Berkeley, a man of superior worth and ley appoin- endowments, of mild and engaging manners, governor ted Gov- of Virginia. The new governor was directed to pro

ernor, 1640.

Attempt of the London

Co. to re

vive its

1642.

claim that in all its concerns the colony should be governed according to the laws of England. He was also authorized to continue the general assembly, and to erect and establish courts of justice where not already established, or wherever needed or desired. His commission was simply a confirmation of the existing organization of the colonial government.

It had been usual for the colony of Virginia, from the time of the dissolution of the London company,

to have an agent resident in London, near the royal Charter, court, to represent its interests and look after its commercial as well as its diplomatic affairs. An effort was made at this period, by the proprietors of the late company, through the medium of this agency, to revive the charters of James I. and restore the colony of Virginia to the proprietorship of the first corporation. This drew from the grand assembly of the colony a very interesting and important document in the shape of a remonstrance, which was sent to the crown, and here becomes a material part of our governmental history. I set it forth entire; it was entitled

Remon

strance

against the "The Declaration against the company, to be entered London as the Twenty-First Act. Company, 1642.

"To all christian people to whom these presents shall come to be read, heard, or understood. We, the governor, council and burgesses of the grand assembly in Virginia, send greeting; IN OUR LORD GOD EVERLASTING: Preamble. WHEREAS George Sandis, Esq., being appointed agent for the colony by an assembly 1639, hath exhibited a petition, in the name of the adventurers and planters