When Sir William a.s.sumed the government in 1642 he was conscious that an effort was being made in England to restore the old London Company of Virginia, and it became his first care to thwart this design. In 1639 George Sandys had been sent to England as the agent of the a.s.sembly and had presented a pet.i.tion in the name of the Virginia planters, to the House of Commons, for the restoration of the old corporation.[326] The a.s.sembly of April, 1642, called together by Berkeley, repudiated entirely the action of their agent, declaring that he had misunderstood his instructions. The renewal of the Company, they said, was never "desired, sought after or endeavoured to be sought for either directly or indirectly by the consent of any Grand a.s.sembly or the common consent of the people". They drew up a pet.i.tion to the King, expressing their desire to remain under his immediate care and protection, citing the many blessings of the present order of government, and drawing the most melancholy picture of their sufferings before the revocation of the charter. "The present happiness," they said, "is exemplified to us by the freedom of yearly a.s.semblies warranted unto us by his majesties gratious instructions, and the legal trial per juries in all criminal and civil causes where it shall be demanded."[327]

This declaration of loyalty and contentment, reaching Charles at a time when so many of his subjects were rising in rebellion against his authority, was most pleasing to the unfortunate monarch. "Your acknowledgement," he replied to the Governor and the a.s.sembly, "of our grace, bounty, and favour, towards you, and your so earnest desire to continue under our immediate protection, is very acceptable to us."

"And," he continued, "as we had not before the least intention to consent to the introduction of any company over that our Colony, we are by it much confirmed in our resolution, as thinking it unfit to change a form of government wherein our subjects there ... receive much contentment and satisfaction".[328]

In the early years of Berkeley's administration the colony experienced another horrible Indian ma.s.sacre. As in 1622 the blow came without warning. The cruel and barbarous war that followed the first ma.s.sacre had long since come to an end and for many years there had been peace between the two races. It is true that the friendly relations that resulted from the marriage of Rolfe and Pocahontas had not been restored, that the Indians were not allowed to frequent the English settlements, that no weapons were sold them, but the peace was fairly well observed and there was no reason to suspect the savages of treachery.

The plot originated in the brain of Opechancanough. This remarkable savage was long supposed to have been the brother of Powhatan, but newly discovered evidence tends to show that this was not the case. It is known that he belonged to a foreign tribe that came from the far southwest. Having, it is supposed, been defeated in a battle with the Spaniards, he had led his people to Virginia and united them with the tribes under the command of Powhatan. This tremendous march must have consumed many months, and have been beset with countless dangers, but Opechancanough overcame them, and "conquered all along from Mexico" to Virginia.[329] He was now an extremely aged man. Being unable to walk he was carried from place to place upon a litter. His eyelids were so heavy that he could not of his own volition move them, and attendants stood always ready to raise them whenever it became necessary for him to see.[330] But his mind was clear, his force of will unshaken, and the Indians paid him the reverent obedience that his able leadership demanded.

Opechancanough planned the ma.s.sacre for April 18th, 1644, and it was carried out upon that date with the utmost ferocity.[331] The slaughter was even greater than in 1622, and no less than five hundred Christians are said to have been destroyed.[332] But this calamity fell almost entirely upon the frontier counties at the heads of the great rivers, and upon the plantations on the south side of the James. The savages could not penetrate to the older and more populous communities of the lower peninsula. For this reason the disaster, horrible as it was, did not overwhelm the entire colony and threaten its destruction as had the ma.s.sacre of 1622.

Another deadly war with the savages ensued immediately. Sir William Berkeley several times placed himself at the head of large expeditions and carried fire and destruction to many Indian villages.[333] As in the former war, the naked and poorly armed natives could not withstand the English, and, deserting their homes, they usually fled into the woods at their approach. And again the white men brought famine upon them by going out each year in the months of July and August to cut down their growing maize.[334] In order to protect the isolated frontier plantations the Governor ordered the people to draw together in fortified camps, strong enough to resist the a.s.saults of a large body of the savages.[335] "He strengthened the weak Families," it was said, "by joining two or three ... together and Palizaded the houses about."[336]

Despite these wise measures the savages would probably have continued the war many years had not Opechancanough fallen into the hands of the English. The old king was surprised by Sir William Berkeley, and, because of his decrepitude, was easily captured.[337] He was taken in triumph to Jamestown, where the Governor intended to keep him until he could be sent to England and brought before Charles I. But a few days after the capture, a common soldier, in revenge for the harm done the colony by Opechancanough, shot the aged and helpless prisoner in the back.[338]

Soon after this event the Indians sued for peace. Discouraged and starving, they promised to become the friends and allies of the whites forever, if they would cease their hostility and grant them their protection. A treaty was drawn up and ratified by the a.s.sembly and by the new Indian king Necotowance.[339] It provided that the savages should acknowledge the King of England as their sovereign and overlord; that Necotowance and his successors should pay as tribute "the number of twenty beaver skins at the goeing of the Geese yearly"; that all the land between the York and the James from the falls of both rivers to Kecoughtan should be ceded to the English; that all white prisoners and escaped negroes should be returned. In compensation the English agreed to protect the savages from the attacks of their enemies and to resign to them as their hunting ground the territory north of the York River.[340] This peace, which was most beneficial to the colony, was not broken until 1676, when the incursions of the wild Susquehannocks involved the native Virginia tribes in a new conflict with the white men.[341]

During the civil war that was at this time convulsing England most of the influential Virginia planters adhered to the party of the King. They were, with rare exceptions, members of the established church, and could have little sympathy with a movement that was identified with dissenters. If the triumph of Parliament was to bring about the disestablishment of the Church, or even the toleration of Presbyterians and Independents, they could not give them their support. Moreover, loyalty to the House of Stuart was strong in Virginia. The very remoteness of the planters from the King increased their reverence and love. They could not be present at court to see the monarch in all his human weakness, so there was nothing to check their loyal imaginations from depicting him as the embodiment of princely perfection. Nor had the wealthy families of the colony aught to antic.i.p.ate of economic or political gain in the triumph of Parliament. Possessed of large estates, monopolizing the chief governmental offices, wielding a great influence over the a.s.sembly and the courts, and looking forward to a future of prosperity and power, they could not risk their all upon the uncertain waters of revolution. Some, no doubt, sympathized with the efforts that were being made in England to limit the King's power of taxing the people, for the colony had always contained its quota of liberals, but the dictates of self-interest must have lulled them into quiescence. And the Governor, in this hour of need, proved a veritable rock of loyalty for the King. None that showed leanings towards the cause of Parliament could expect favors of any kind from Sir William Berkeley. Moreover, if they spoke too loudly of the rights of the people and of the tyranny of monarchs, they might find themselves under arrest and charged with treason.

But there was another faction in Virginia, composed largely of small planters and freedmen, which sympathized with the aims of their fellow commons of the mother country. Prominent among these must have been a small number of Virginia Puritans, who had for some years been subjected to mild persecution. The overwhelming sentiment of the colony had long been for strict uniformity in the Church "as neere as may be to the canons in England", and several statutes had been pa.s.sed by the a.s.sembly to suppress the Quakers and Puritans.[342] In 1642, Richard Bennett and others of strong Calvinistic leanings, sent letters to Boston requesting that Puritan ministers be sent to Virginia, to minister to their non-conformist congregations.[343] The New Englanders responded readily, despatching to their southern friends three ministers of distinction--William Thompson, John Knowles and Thomas James. Despite the laws against non-conformity these men antic.i.p.ated little interference with their work and even brought letters of introduction from Governor Winthrop to Sir William Berkeley.[344] Little did they know the temper of the new Virginia Governor. So far from welcoming this Puritan invasion Berkeley determined to meet it with measures of stern repression. A bill was put through the a.s.sembly requiring all ministers within the colony to conform to the "orders and const.i.tutions of the church of England", both in public and in private worship, and directing the Governor and Council to expel all dissenters from the country.[345]

Disheartened at this unfriendly reception, James and Knowles soon returned to New England, leaving Thompson to carry on the work. This minister, in defiance of the law, lingered long in Virginia, preaching often and making many converts.

Among those that embraced the Calvinistic tenets at this time was Thomas Harrison, formerly Berkeley's chaplain. Harrison seems to have regarded the ma.s.sacre of 1644 as a judgment of G.o.d upon the colonists for their persecution of the Puritans. His desertion of the established Church aroused both the anger and the alarm of the Governor and in 1648 he was expelled from his parish for refusing to use the Book of Common Prayer.

Later he left the colony for New England.

This persecution, although not severe enough to stamp out dissent in Virginia, could but arouse among the Puritans a profound dissatisfaction with the existing government, and a desire to cooperate with their brethren of England in the great contest with the King. Although not strong enough to raise the Parliamentary standard in the colony and to seek religious freedom at the sword's point, the Puritans formed a strong nucleus for a party of opposition to the King and his Governor.

Moreover, in addition to the comparatively small cla.s.s of Puritans, there must have been in the colony hundreds of men, loyal to the established church, who yet desired a more liberal government both in England and in Virginia. A strong middle cla.s.s was developing which must have looked with sympathy upon the cause of the English Commons and with jealousy upon the power of the Virginia Governor and his Council. There is positive evidence that many poor men had been coming to Virginia from very early times, paying their own pa.s.sage and establishing themselves as peasant proprietors. Wills still preserved show the existence at this period of many little farms of five or six hundred acres, scattered among the great plantations of the wealthy. They were tilled, not by servants or by slaves, but by the freemen that owned them. Depending for food upon their own cattle, hogs, corn, fruit and vegetables, and for the other necessities of life upon their little tobacco crops, the poor farmers of Virginia were developing into intelligent and useful citizens. They const.i.tuted the backbone of a distinct and powerful middle cla.s.s, which even at this early period, had to be reckoned with by aristocracy and Governor and King.

This section of the population was constantly being recruited from the ranks of the indentured servants. The plantations of the rich were tilled chiefly by bonded laborers, brought from the mother country. So long as land was plentiful in Virginia the chief need of the wealthy was for labor. Wage earners could not supply this need, for the poor man would not till the fields of others when he could have land of his own almost for the asking. So the planters surmounted this difficulty by bringing workmen to the colony under indenture, to work upon their farms for a certain number of years. Many a poor Englishman, finding the struggle for existence too severe at home, thus surrendered for a while his liberty, that in the end he might acquire a share in the good things of the New World. After serving his master five or six years the servant usually was given his liberty and with it fifty acres of land and a few farm implements. Thus equipped, he could, with industry and frugality, acquire property and render himself a useful citizen in his adopted country. There can be no doubt that many hundreds of former servants, become prosperous, did unite with the free immigrants of humble means to form a vigorous middle cla.s.s.

Nothing could be more natural than that the small farmers should regard Parliament as the champion of the poor Englishman at home and in the colony. They knew full well that if Charles should triumph over the Commons, his victory would mean greater power for their Governor, greater privilege for the wealthy planters. On the other hand, the King's defeat might bring increased influence to the middle cla.s.s and to the Burgesses.

It is not possible to determine how numerous was the Parliamentary party in Virginia, but the faction was powerful enough to cause serious apprehension to the loyalists. So bitter was the feeling that fears of a.s.sa.s.sination were entertained for Sir William Berkeley, and a guard of ten men was granted him. We are "sensible", declared the a.s.sembly, in 1648, "of the many disaffections to the government from a schismaticall party, of whose intentions our native country of England hath had and yet hath too sad experience".[346]

But the commons of Virginia were not prepared to raise the standard of revolt. They must have lacked organization and leaders. Most of the aristocracy and wealth of Virginia was arrayed against them, while the government was in the hands of a man noted for his pa.s.sionate attachment to the Throne. The Parliamentary party must have felt it best to await the event of the struggle in England, pinning their hopes upon the success of their comrades there. But even after Parliament had won the victory, after the King had been executed, they were not strong enough to overthrow Berkeley's government and force Virginia into obedience to the Commonwealth.

The news of the death of Charles I filled the royalists of Virginia with grief and anger. It seemed to them that the cause of law and order and religion in the unhappy kingdom had fallen with their monarch. Moreover, they could but expect the victorious party, after settling all at home, to extend their arms to the little colony and force upon them a reluctant obedience to the new government. But the intrepid Berkeley was determined never to submit until compelled to do so by force of arms.

Charles II was proclaimed King. The a.s.sembly was called together and a law enacted declaring it high treason to question, even by insinuation, the "undoubted & inherent right of his Majesty ... to the Collony of Virginia, and all other his majesties dominions".[347] The a.s.sembly referred to Charles I in terms of reverence and affection, as their late blessed and sainted King, and, unmindful of consequences, denounced his executioners as lawless tyrants. For any person to cast dishonor or censure upon the fallen monarch, or to uphold in any way the proceedings against him, or to a.s.sert the legality of his dethronement, was declared by the a.s.sembly high treason. "And it is also enacted," they continued, "that what person soever, by false reports and malicious rumors shall spread abroad, among the people, any thing tending to change of government, ... such persons, not only the authors of ... but the reporters and divulgers thereof, shall be adjudged guilty."[348]

Even before the news of these events reached England, Sir William had aroused the anger of Parliament by his persecution of the Puritans. Some of the people of Nansemond county had written, complaining of the banishment of Mr. Harrison, whom they described as an able minister and a man of splendid character. The English Council wrote Berkeley commanding him to restore Mr. Harrison to his parish. "Wee know," they said, "you cannot be ignorant that the use of the common prayer book is prohibited by the parliament of England."[349] And when they learned that the colony had refused to acknowledge the Commonwealth, and still adhered to the House of Stuart, they were determined to punish the Virginians for their temerity. Since it would be exceedingly inconvenient at this time of uncertainty and change to send an expedition across the Atlantic, it was decided to bring the colonists to their senses by cutting off their foreign trade. An act was pa.s.sed by Parliament in October, 1650, declaring that since the colony had been settled by the English at great cost to the nation, it should rightly be under the authority of the present government; that divers persons in Virginia had committed open treason, "traytorously by force and Subtilty" usurping the government and defying the Commonwealth; and in order to repress speedily the rebellious colonists and to inflict upon them a merited punishment, they were to be forbidden all "Commerce or Traffique with any people Whatsoever". The full force of the English navy was to be used in carrying out this act, and all commanders were directed to seize and bring in foreign vessels found trading with the colony. No English ships were to sail for Virginia without special license from the Council of State.[350]

This was a dire threat indeed. To cut off all commerce with England and foreign countries would bring utter ruin upon the planters, for their tobacco crop would then be without a market. Even now, however, the Governor did not falter in his loyalty. He felt, no doubt, that Parliament would have difficulty in enforcing this act, and he looked to the Dutch merchantmen to take off the tobacco.

Before an a.s.sembly called together in March, 1651, Berkeley delivered an address ringing with defiance of Parliament "Gentlemen," he said, "you perceave by the Declaration that the men of Westminster have set out, ... how they meane to deale with you hereafter.... Indeed me thinks they might have proposed something to us which might have strengthened us to beare those heavy chaines they are making ready for us, though it were but an a.s.surance that we shall eat the bread for which our owne Oxen plow, and with our owne sweat we reape; but this a.s.surance (it seems) were a franchise beyond the Condition they have resolv'd on the Question we ought to be in: For the reason why they talk so Magisterially to us is this, we are forsooth their worships slaves, bought with their money and by consequence ought not to buy, or sell but with those they shall Authorize with a few trifles to Coszen us of all for which we toile and labour.... The strength of their argument runs onely thus: we have laid violent hands on your Land-lord, possessed his Manner house where you used to pay your rents, therefore now tender your respects to the same house you once reverenced.... They talke indeed of money laid out in this country in its infancy. I will not say how little, nor how Centuply repaid, but will onely aske, was it theirs? They who in the beginning of this warr were so poore, & indigent, that the wealth and rapines of three Kingdomes & their Churches too cannot yet make rich."

The Governor then began an impa.s.sioned appeal to the a.s.sembly to remain firm in their loyalty to the Crown. "Surely Gentlemen," he cried, "we are more slaves by nature, than their power can make us if we suffer ourselves to be shaken with these paper bulletts, & those on my life are the heaviest they either can or will send us.... You have heard under what heavy burthens the afflicted English Nation now groans, and calls to heaven for relief: how new and formerly unheard of impositions make the wifes pray for barrenness and their husbands deafnes to exclude the cryes of their succourles, starving children.... Consider your selves how happy you are and have been, how the Gates of wealth and Honour are shut to no man, and that there is not here an Arbitrary hand that dares to touch the substance of either poore or rich: But that which I woud have you chiefly consider with thankfullnes is: That G.o.d hath separated you from the guilt of the crying bloud of our Pious Souveraigne of ever blessed memory: But mistake not Gentlemen part of it will yet stain your garments if you willingly submit to those murtherers hands that shed it; I tremble to thinke how the oathes they will impose will make those guilty of it, that have long abhor'd the traiterousnesse of the act....

Gentlemen by the Grace of G.o.d we will not so tamely part with our King, and all these blessings we enjoy under him; and if they oppose us, do but follow me, I will either lead you to victory, or lose a life which I cannot more gloriously sacrifice then for my loyalty, and your security."[351]

When the Governor had completed his appeal the obnoxious act of Parliament was read aloud. The a.s.sembly then pa.s.sed a series of resolutions, reiterating their loyalty to the Crown, denouncing the Commons as usurpers and regicides, and defending themselves against the charge of treachery and rebellion. They had, they declared, adhered always to the "Lawes of England", which enjoined upon them the oaths of allegiance and supremacy, and they refused now, at the bidding of Parliament, to break their word by renouncing their King. They could not be expected to give pa.s.sive obedience to every party that possessed themselves of Westminster Hall, where the heads of divers factions had followed each other in quick succession. They had been accused of usurping the government of the colony, but their records would show that they had never swerved from their allegiance. And it ill became the Parliament that had overthrown the English const.i.tution to bring such accusations. Finally, they declared, "we are resolv'd to Continue our Allegeance to our most Gratious King, yea as long as his gratious favour permits us, we will peaceably trade with the Londoners, and all other nations in amity with our Soveraigne: Protect all forraigne Merchants with our utmost force in our Capes: Allwaies pray for the happy restoration of our King, and repentance in them, who to the hazard of their soules have opposed him."[352]

As Berkeley had foreseen, the English found it impossible to enforce a strict blockade. The government could not spare war vessels enough to close the Virginia capes, and foreign merchantmen continued to sail unmolested into the James and the York, bringing goods to the planters and taking off their tobacco. Indeed the Dutch took advantage of this quarrel between colony and mother country to extend their American trade at the expense of the English merchants. The Council of State was soon made to realize by the complaints that poured in from the London shippers, that the "Blockade Act" was injuring England more than the refractory colony.

At this moment, several leaders of the Virginia Parliamentary party came to the Council at Westminster and represented to it the necessity of fitting out an expedition to overthrow the Berkeley government. They could plead that the blockade had proved ineffective, that the honor of the Commonwealth demanded the prompt subjection of the impudent Governor, that the cooperation of the Virginia commons would make the task easy. Nor could they omit to remind the Councillors that it was their duty to bring relief to their fellow Puritans of Virginia.

At all events the Council, seeing the necessity of prompt action, sent forth a well armed expedition under the command of Captain Robert Denis to subdue both the Barbadoes and Virginia. But wishing to avoid, if possible, open hostilities, at the same time they sent commissioners to treat with the colonists and persuade them to submit peaceably to the Commonwealth. The Council of State evidently expected active a.s.sistance from the Parliamentary party in the colony in these efforts to establish the new political order, for they gave directions to the commissioners to raise troops in the plantations, to appoint captains and other officers, and to guarantee freedom to all servants that volunteered to fight with the Commonwealth forces. They were given power to grant pardon to all that submitted, making such exceptions as they thought proper, and were directed to establish a new government in accord with the present const.i.tution of England.

When, in the spring of 1652, the British fleet sailed up the James river, Captain Denis found the intrepid Berkeley prepared for a strenuous resistance. With the guns of the warships approaching his capital, with English soldiers ready for a landing, with a strong party in the colony in sympathy with the invaders, he might well have despaired. Resistance would certainly entail enormous misfortunes upon the colony--bloodshed, devastation, civil strife--and success could be but temporary. Should he beat off the present expedition, others too powerful to be resisted would undoubtedly follow, and the punishment of the colony would be but the more severe.

Yet the Governor did not falter. He called around him the full strength of the colonial militia, posted them to good advantage, and himself took active command. Several Dutch vessels that had been trading in the James were pressed into service, filled with men and moored in close to Jamestown, with their guns trained upon the approaching enemy. Behind them were several land batteries. The whole made an imposing appearance, and might well have given apprehension to the invaders.

Fortunately, however, the threatened conflict was averted by the persuasion of the Parliamentary commissioners. These men, anxious to avoid civil war, availed themselves of the authority given them by the Council of State, to offer very lenient terms of surrender. Some of them seem to have preceded the fleet to Virginia, to consult with their friends and to formulate plans to render the Governor's resistance ineffectual. It is not improbable that these efforts were seconded by some of the most prominent men of the colony. Two members of the Council itself, it is said, who possessed goods of great value upon vessels in the fleet, received warning that their property would be at once confiscated, if they gave their support to the Governor. They therefore were constrained to advocate submission. With division in the ranks of the colonists and with the invaders ready for action, even Berkeley was at last forced to give way and consent to a capitulation.

The terms of surrender were drawn up at Jamestown and agreed to by the commissioners on the one hand, and by the Governor, Council and Burgesses on the other. It was agreed first, that Virginia should acknowledge its due allegiance to the Commonwealth of England, and "to the lawes there established". This submission, it was declared, was "a voluntary act, not forced nor constrained by a conquest upon the country".[353] It was also stipulated "that the people of Virginia have free trade as the people of England do enjoy to all places and with all nations according to the lawes of that commonwealth". Even more interesting was the agreement "that Virginia shall be free from all taxes, customs and impositions whatsoever, and none to be imposed on them without consent of the Grand a.s.sembly, and soe that neither fforts nor castles bee erected or garrisons maintained without their consent".

When these terms of surrender were reported to the English government, Parliament thought that the commissioners had been too liberal in their concessions, and some of the articles were not ratified.

The commissioners granted full pardon and indemnity for all "acts, words or writeings done or spoken against the parliament" and any persons refusing to take the oath of allegiance to the new government were given "a yeares time ... to remove themselves and their estates out of Virginia". The use of the Book of Common Prayer was permitted for one year in the parishes that so desired, and no ministers were deprived of their charges or their livings.[354]

Separate articles were drawn up between the commissioners and the Governor and Council. Neither Berkeley nor the Councillors were to be compelled, during the ensuing twelve months, to take the oath of allegiance. They were not to be censured for speaking well in private of the King. They were given leave to sell all their property and to quit the country without molestation. They were permitted to send a message to Charles II, giving an account of the surrender.[355]

The commissioners were now confronted with the all-important task of establishing a new government. They had been given power by the Council of State to hold an election of Burgesses granting the franchise to all who had taken the oath of allegiance. Feeling, doubtless, a reluctance to a.s.sume the entire responsibility of moulding a new const.i.tution, they resolved to wait until the Burgesses a.s.sembled and to consult with them in all their measures. The election was held without delay, and the members were sworn in on April 26th, 1652.

The Burgesses and the commissioners then entered upon a long and serious debate concerning "the settling and governing of Virginia".[356] The English Council had not, it would seem, given specific directions in regard to this work, so the members of the little const.i.tutional convention were practically at liberty to do what they chose. Realizing, however, that all might be changed if it proved unsatisfactory to Parliament, they proceeded cautiously. Their chief concern was to establish a tentative government that would prevent present confusion and could later be perfected by the Council of State. It so happened, however, that the English, amid the confusion of the times, neglected to attend to this matter, and the work of the convention remained essentially unaltered throughout the Commonwealth period.

The House of Burgesses, since it had been officially recognized by the Council of State, was made the chief governing body of the colony.

Except for the veto of the English government its power was to be unlimited. It was to elect the Governor and to specify his duties. If his administration proved unsatisfactory it might remove him from office. The Burgesses were also to elect the Council, to prescribe its functions and limit its power. This proud body, which had formerly been so powerful, was now to exist only on the suffrage of the House. It was even debated whether Councillors should be admitted to membership in the General a.s.sembly. The appointment of all officials was also to "appertain to the Burgesses, the representatives of the people", but it was agreed that for the present most of the first nominations should be left to the Governor and the commissioners.[357]

Thus did Virginia become in all but name a republic. In England, the long cherished hope of the patriots for liberty was to be disappointed by the usurpation of Oliver Cromwell, and the victory of Parliament over the stubborn Charles was to result only in the subst.i.tution of one despot for another. But the commons of Virginia, although they had played an insignificant role in the great drama of the times, were to reap the reward which was denied their cousins of England. Their government for the next eight years was to be truly representative of the people. Nor did the English government often interfere with their affairs. Busy with his numerous wars and with the cares of administration, the Protector never found time to acquaint himself thoroughly with what was happening in Virginia. In 1653, and again in 1658, Cromwell promised to make some definite regulations for the government of the colony, but he was interrupted on each occasion before he could put his resolutions into effect. That it was his intention, however, to keep the appointment of the Governor in his own hands seems certain. In 1654 the a.s.sembly received word that his Highness had decided then to continue Colonel Bennett, of whose good character he had heard, in the execution of his office, until he could further signify his pleasure. In 1657, the Council of State requested Cromwell to appoint some person to go to Virginia as its Governor, but this he failed to do.[358] With the exception of such spasmodic interruptions as these, and the partial enforcement of the Navigation Acts, the colony was left almost to its own devices throughout the Commonwealth period.

By the unanimous vote of the commissioners and the Burgesses Mr. Richard Bennett was made Governor. This choice must have been satisfactory both to the English government and the Parliamentary party in the colony. Mr.

Bennett had been one of the few prominent Virginia Puritans and had left the colony during the persecution of dissenters by Sir William Berkeley.

As a member of the commission he had been instrumental in bringing about the surrender and saving the colony from civil war. It was agreed that he should serve for one year, "or untill the next meeting of the a.s.sembly", but as his administration proved most satisfactory he was continued in office by Cromwell until March 31st, 1655.[359]

The new government, however, was not to be established entirely without disorder and strife. In the interval between the surrender and the a.s.sembling of the Burgesses affairs on the Eastern Sh.o.r.e a.s.sumed a threatening aspect. The people of Northampton, many of whom seem formerly to have been favorable to the Commonwealth, became ill affected to the new regime, even before it was well begun. A number of things conspired to bring about this change. Among the inhabitants of Northampton were a number of Dutch who had settled there during the preceding decade. When war broke out between Holland and England in 1652 it was rumored that these people were conspiring with the Indians to bring about another ma.s.sacre in Virginia. Groundless as these suspicions were, they infuriated the English and caused grave fears for the safety of the Dutch planters. When the justices of the peace took precautions to protect the unfortunate foreigners their action caused discontent and bitterness against the new government. Moreover, the Navigation Acts, recently pa.s.sed by Parliament, restricting foreign trade would, if enforced, prove especially damaging to the people of the Eastern Sh.o.r.e.

Finally, Northampton had not been represented in the a.s.sembly since 1647, except for one Burgess in 1651, and the belief had sprung up that the county was to become independent of the government at Jamestown. For various reasons, therefore, Northampton was hostile to the government.

And when the Parliamentary commissioners imposed upon them a tax of forty-six pounds of tobacco per poll, the people of the county voiced their anger in no uncertain terms, and selected a committee of six to draw up a statement of their grievances and present it to the new a.s.sembly.

"Wee," they protested, "the Inhabitants of Northampton Countie doe complanye that from tyme to tyme wee have been submitted & bine obedient unto the paymt of publeq taxacons. b.u.t.t after ye yeare 1647, since yt tyme wee Conceive & have found that ye taxes were very weightie. But in a more espetiall manner ... the taxacon of fforty sixe pounds of tobacco p. poll (this present yeare). And desire yt ye same bee taken off ye charge of ye Countie; furthermore wee alledge that after 1647, wee did understand & suppose or Countie or Northampton to be disioynted & sequestered from ye rest of Virginia. Therefore that Llawe wch requireth & inioyneth Taxacons from us to bee Arbitrarye & illegall; fforasmuch as wee had neither summons for Ellecon of Burgesses nor voyce in their a.s.semblye (during the time aforesd) but only the Singular Burgess in September, Ano., 1651. Wee conceive that wee may Lawfullie ptest agt the pceedings in the Act of a.s.semblie for publiq Taxacons wch have relacon to Northmton Countie since ye year 1647."[360]

Thus early in the history of the colony was enunciated the principle that taxation without representation is unjust and illegal. The men of Northampton do not speak of the doctrine as something new, but as a thing understood and recognized. Certain it is that the people of Virginia, in all periods of their colonial history, realized the vast importance of confining the power of taxation to their own a.s.sembly.

But the leaders of the new government did not receive the pet.i.tion with favor. They were willing to give Northampton her due quota of Burgesses, but they were angered at the suggestion of separation. Moreover, the disorders on the Eastern Sh.o.r.e became more p.r.o.nounced and the justices were compelled to seek aid from the Council in protecting the Dutch. In June, 1653, the turbulent people met and, amid scenes of disorder, denounced the action of the authorities. When a voice from the crowd cried out that the justices were a "company of a.s.ses and villyanes", the people roared out their approval. The a.s.sembly, at its meeting in June, 1653, was forced to take active steps to suppress the agitation and to restore order upon the peninsula. Mr. Bennett with several members of the a.s.sembly, was sent to Northampton, "for the settlement of the peace of that countie, and punishinge delinquents". In this he seems to have been entirely successful, for we hear no more of disorders upon the Eastern Sh.o.r.e during this period.[361]

When the commissioners and the Burgesses, in 1652, established anew the gubernatorial office, they were somewhat vague in defining the duties belonging to it. They first declared that Mr. Bennett was to exercise "all the just powers and authorities that may belong to that place lawfully".[362] But that it was not their intention to give the new officer the prerogatives enjoyed by the royal Governor is shown by their further statement that he was to have such power only as should be granted him from time to time by the a.s.sembly.[363] This lack of clearness led, quite naturally, to several clashes between the legislative and executive branches of the government.

At the session of a.s.sembly of July, 1653, the Burgesses showed that they would brook no interference from the Governor with their affairs. On the eve of the election of the Speaker, they received a message from Mr.

Bennett and the Council advising them not to choose a certain Lieutenant-Colonel Chiles. Although it was clearly shown that this gentleman could not serve with propriety, the Burgesses gave him the election, merely, it would seem, as a rebuke to the presumption of the Governor.[364]

Edward Digges, who succeeded Mr. Bennett, seems to have had no clash with the a.s.sembly, but during the next administration, when Samuel Matthews was Governor, the executive made a determined effort to break the power of the Burgesses. At the session of 1658, the Governor and the Council sent a message to the a.s.sembly declaring that body dissolved.[365] This move startled the Burgesses. The royal Governors had always possessed the right of dissolving the House, but no such authority had been delegated to the new executive. Moreover, it was inconsistent with the theory, upon which everyone had acted since the surrender in 1652, that all power resided in the representatives of the people. "The said disolution," replied the House, "as the case standeth is not presidentall neither legall according to the lawes, now in force, Therefore wee humbly desire a revocation of the said declaration."[366]