DURING THE CIVIL WAR UNDER CHARLES I.

PART I.

grand assembly hath heretofore enacted that the Virginia a present accommodation shall be as followeth, (vizt.) Royal Colony, That there be leavied for the said governour's accom-1625-51. modation, for this present year 1643, 2 shillings a head for evry tithable person in the colony, to be paid

for the

Colonial

1642-3.

in provisions as hereafter mentioned, at these rates, vizt.: Indian Corne at 10s. per barrell, 2 barr. of ears Provision to one of corne; Wheat at 4s. per bushell: Beife at Governor 3d. 1-2d. pr. pound. Pork at 4d. per pound. Good by the henns at 12d. Capons at 1s. 6d. Calves at 6 weeks Assembly, old, 25s. Butter at 8d. per pound. Good weather goats at 20s. Piggs to roast, at 3 weeks old, at 3s. per pigg. Cheese at 6d. per pound. Geese, Turkeys, and Kidds, at 5s. pr. peece. The provision for corne to be levied out of these counties: Henrico; North'Ton; Eliza Cittie; Lower Norff; Vpper Norff; Yorke, including Peankhetank. These counties to pay the other provision: Charles Cittie; Ja. Cittie; Isle of Wight, and Warwicke.

"Ffor collecting hereof, it is hereby enacted by this How col. grand assembly that upon the governour's notice of lected. the severall county courts, allowing the reasonable time, that they leavie the said severall proportions, alike proportionally as aforesaid in two places in every parish within the several counties respectively; And the sheriff of the severall counties with the assistance of the constables of the limitts, are to give notice to the inhabitants, after the said provision is to be levied, to bring in their severall proportions to the said severall places, by them appointed as aforesaid. And in case of refusall, to distrain upon the estates of such who shall be delinquent in payment, and bringing it to the aforesaid places for satisfaction thereof. And the said sheriffs after such collection are hereby enabled to hire boats and men to bring the same to James Cittie to the governour's. And their severall disbursements and charges therein expended to be putt to account, and

1

Virginia a presented to the next general assembly, to be satisfied

Royal
Colony,

out of the levie."

1625-51.

I find no material change to have taken place in the government or administration of the affairs of the colony during the subsequent years of the reign of Charles I. In the year 1648 the people complained to the general assembly of the powers exercised by the govMilitary ernor and council in pressing soldiers into service withimpress- out any concurrent action on the part of the burgesses. the Gov'r, Whereupon it was declared that such power was thus lawfully exercised. That it was derived to the governor and council under their commissions and instructions from the crown, and that the people "ought humbly to acknowledge his majesty's royal care of his subjects in establishing such a power wherein are naturally placed

ment by

1648.

* 1. Hen

so many concernments to the peace and safety of all ning's stat. good subjects, many accidents not admitting delay of utes, 355. time nor those slow motions of great counsells."* Execution Charles I. was executed on the thirtieth day of Janof Charles uary, 1649, when parliament assumed and exercised I., and establishment of "The

the powers of government under "The Commonwealth." They were shortly after wrested from it by Common- Oliver Cromwell, who established the same under his wealth." own protectorate. The political effect of this change

of affairs in the mother country, so far as it concerned the colonies in America, was, to raise a question as to the powers of the governor and council, and of all other officers appointed by them under their com

See Part II. missions from the crown. It was eagerly claimed in New England that the abolition of the regal power in the parent state necessarily extinguished all offices and powers created under its prerogatives in America. Virginia was too much of a royal colony, and too loyal to the rights of monarchy, to permit the discussion. At the first meeting of her grand assembly after she had heard of the fate of her acknowledged sovereign,

UPON THE EXECUTION OF CHARLES I.

PART I.

she was careful by her very first enactment to let the Virginia a Royal world know her opinions and position. It is but justice Colony, to her and to the truth of history to give her declara-1625-51. tions in her own words. She enacted:

Grand

First Act.

"Аст I. Whereas, divers out of ignorance; others Proceedout of malice, schism, and faction, in pursuance of ings of the some design of innovation; may be presumed to pre-Assembly, Oct., 1649. pare men's minds and inclinations to entertaine a good liking of their contrivement, by casting blemishes of dishonor upon the late most excellent, and now Preamble undoubtedly sainted king; and to those close ends to the vindicating and attesting the late proceedings against the said blessed king, (though by so much as they Loyalty to may seem to have color of law, and form of justice, Charles I. they may be truly and really said to have the more and greater height of impudence): And upon this foundation of asserting the clearness and legality of the said unparalleled treasons perpetrated on the said king, to build hopes and inferences to the high dishonor of the royal estate, and in truth to the utter disinherison of his sacred majesty that now is,* and the * Charles divesting him of those rights, which the law of nature and nations, and the known laws of the kingdom of England, have adjudged inherent to his royal line; and the Law of God Himself (if sacred writ may be so stiled, which this age doth loudly call in question) hath consecrated unto him; And, as arguments easily and naturally deduced from the aforesaid cursed and destructive principles, with much endeavor they press and persuade the power of the commission to be void and null, and all magistracy and office thereon depending to have lost their rigour and efficacy, by such means assuredly expecting advantages for the accomplishment of their lawless and tyrrannous intentions.

II.

is here-Defending

therefore declared and enacted, and it by enacted, by the Governor, Councel and Burgesses, and tion of the authority of the same, That what person soever, treason.

Virginia whether stranger or inhabitant of this colony, after the a Royal Colony, date of this act, by reasoning, discourse, or argument, 1625-51. shall go about to defend or maintain the late traitorous proceedings against the aforesaid king of most happy memory, under any notion of law and justice, such person using reasoning, discourse, or argument, or uttering any words or speeches to such purpose or effect, and being proved by competent witness, shall be adjudged accessory post factum to the death of the aforesaid king, and shall be proceeded against for the same according to the known laws of England:

Defaming the late

"Or whoever shall go about, by irreverent or scandaKing, how lous words or language, to blast the memory and honor punished. of that late most pious king (deserving ever altars and monuments in the hearts of all good men) shall, upon conviction, suffer such censure and punishment as shall be thought fit by the governor and council.

To doubt "And be it further enacted, That what person soever the right of Charles shall, by words or speeches, endeavor to insinuate any II. to the doubt, scruple, or question, of or concerning the unsuccession, high trea- doubted and inherent right of his majesty, that now is,

son.

to the colony of Virginia, and all other his majesty's dominions and countries, as king and supreme governor, such words and speeches shall be adjudged High Treason.

To propose "And it is also enacted, That what person soever, by a change of Govern false reports and malicious rumors, shall spread abroad ment, high among the people, any thing tending to change of government, or the lessening the power and authority of the governor or government, either in civil or ecclesiastical causes, (which this assembly hath and doth declare to be full and pleanarie to all intents and purposes,) such persons not onely the authors of such reports and rumors, but the reporters and divulgers thereof (unless it be done by way of legal information before a magistrate,) shall be adjudged equally guilty; and shall suffer such punishment even to severity as

1

AND THE COMMONWEALTH.

shall be thought fitt, according to the nature and quality of the offence." *

PART I.

* 1. Hen

utes, 360.

These proceedings on the part of the colony of Vir-nings Statginia, were met by an ordinance of parliament wherein it was declared, "that the colonies of America were, and ought to be, subordinate to, and dependent on, the Commonwealth of England, and subject to such laws and regulations as were, or should be, made by parliament that in Virginia, and other places,* the powers * Maryof government had been usurped by persons who had PART III. set themselves up in opposition to the Commonwealth."

They were therefore denounced as rebels and traitors,

land. See

sioners of

to Vir

and all foreign vessels were forbidden to enter any of her ports. Commissioners were sent over with a fleet Commisto enforce submission to the ruling administration in ParliaEngland. This convoy arrived at the mouth of the ment sent Chesapeake Bay early in the year 1651, where they ginia. were met by a large number of the people headed by Governor Berkeley, who offered a stout resistance to their entrance into the bay. They were eventually obliged, however, to yield to the superior force of the fleet of the commissioners and an amnesty was arranged. The colonial government at length surrendered, and the She subroyal colony of Virginia agreed to remain thenceforth mits to the "in due obedience and subjection to the common-wealth wealth. of England," under the following compact, viz:

Common

•Articles of

"ARTICLES AT THE SURRENDER OF THE COUNTRIE. Articles agreed on and concluded at James Cittie in Vir-Surrender, ginia for the surrendering and settling of that plantation under the obedience of the Common-Wealth of England, by the commissioners of the Councell of State, by authoritie of the Parliament of England and by the Grand Assemblie of the Governour, Councell and Burgesses of that countrey.

FIRST. It is agreed and cons'ted that the plantation The subof Virginia, and all the inhabitants thereof, shall be mission. and remaine in due obedience and subjection to the