in vain for the crown to war. In February, 1624, the General Assembly of the colony convened, and, after adopting certain rules and regulations which were submitted by the Governor and Council, they declared "that the Governor should not impose any tax upon the colony unless through the authority of the General Assembly nor withdraw the inhabitants of the colony from their labour to employ them in his own service." They also passed a law at this session, exempting the Burgesses from arrest during the convention of the Assembly. James had, by a special commission, appointed a Council of twelve persons to take direction of affairs in the colony until such time as he could find leisure to frame an appropriate and permanent code for their government. These commissioners attempted to procure from the Assembly an address to the king, acknowledging their acquiescence in his revocation of the patent of the company in England. But they refused to do anything more than to express their satisfaction that his majesty had taken the concerns of the colony under his own care; while they entreated that their sovereign would graciously continue to them their then form of government, and would also permit their Governor and Assembly to direct the operations of such military forces as might be placed among them. We will not stop to speculate upon the probable consequences which might have resulted to the colonists from the ordinances which James' wisdom and sagacity might have seen fit to devise. Death, that haughty leveller of all. human projects and aspirations, withdrew him from the scene of life. Yet it were neither idle nor unprofitable speculation, to note the changes which were consequent upon the interruption of his plans. It is one of those startling incidents, so abundant in our country's annals,

which teach that there is an Omniscient mind surveying and directing the destinies of the world, and regulating the allotments of mankind, and which serve to attach us to our institutions by the enforced conviction that they were in their origin, have been in their progress, and will be in their continuance, the objects of His especial protection.

The first Charles was not unlike his predecessor in his ideas of sovereignty, though of a more weak and wavering disposition. James had educated him to entertain high notions of the kingly prerogatives, and "though he was virtuous in his domestic and private life, in relation to his kingdom, he disregarded justice and the rights of the people, as much as if he had been wicked and tyrannical."* He adopted the maxims of his father, not only in relation to his home administration, but also with reference to the colonies in America. He declared that they were a part of the Empire annexed to his crown, and subject to his sovereign control. The Council appointed by James, with Sir George Yeardley as Governor, and a Secretary, were appointed to superintend the affairs of the colony, conforming their administration to whatever instructions they should from time to time receive from the crown. They were also directed to take the property of the late company and apply it to the public use. It was not a part of the provisions directed by Charles, nor was it his intention to continue the assemblies of the people, or to allow them any participation in enacting their laws, or in imposing taxes. These powers were vested exclusively in the Governor and Council. It was further directed that offenders should be transported to England to be tried and punished for crimes

* Bisset.

charged against them, or committed, in the colony: The oppressive nature of these provisions was not felt during the mild and liberal administration of Governor Yeardly. He was succeeded in 1629 by Sir John Harvey, a man of a rapacious and tyrannical spirit, insolent and overbearing in his deportment. He invaded their right of property, embarrassed their trade, and inflicted upon them the most oppressive indignities. For a while, out of respect to his commission, they submitted to his rule, but in the year 1636, their loyalty being taxed beyond the limit of endurance, in a transport of rage, they seized and sent him a prisoner to England. So summary a method of redressing their wrongs, was revolting to Charles' ideas of the submission and homage which were due from his subjects. He regarded it as a daring act of rebellion, and the Governor was sent back with powers less limited and enlarged prerogatives.

CHAPTER XI.

THE domestic troubles which threatened Charles I. soon after his accession to the throne, left him but little leisure to interest himself in the administration of affairs in the colonies. At the same time he was apprehensive lest the grievances of which they complained reaching the ear of the nation, might increase the discontent and hostility which his home-administration had already excited. He accordingly countenanced a more lenient policy by way of conciliating them. In this change of measures, Sir William Berkley, a man

Thus

of superior worth and endowments, of mild and engaging manners, was appointed their Governor. He was directed to proclaim, that in all its concerns, civil hr and ecclesiastical, the colony should be governed according to the laws of England. He was also further directed to issue writs for the election of representatives of the people, who, with the Governor and Council, should form a General Assembly, clothed with supreme legislative power-and to erect and establish courts of justice which should regulate their proceedings according to the forms used in England. were their former rights again restored to them. Without pausing to solve more particularly the motives which may have influenced him, with regard to which historians have speculated so much, it is but justice to say that they were indebted to Charles I. for that reformation in the whole constitution and policy of their government, which gave so agreeable a character to their institutions, and infused new life and healthful vigor into its administration. It won for that unfortunate monarch, more weak than wicked, the grateful affections of the colonists, and rendered them ever thereafter his firm supporters.

Under these beneficent auspices, both of government and administration, the Southern Colony of Virginia, advanced in the blessings of peace and prosperity down to the year 1650. Its tranquillity was then disturbed by an ordinance passed in the House of Commons, under the Commonwealth administration of Cromwell. It was therein 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 of government had been usurped by persons who had set themselves up in opposition to the Commonwealth; who were therefore denounced as rebels and traitors, and all foreign vessels were thereby forbidden to enter any of the ports of America." A fleet was accordingly sent over to enforce submission to the ruling administration in England. The colonists, headed by Governor Berkley, opposed them as they were entering the Chesapeake, but were eventually obliged to give way, and a general amnesty was arranged. At this time a new Governor was appointed in the place of Sir William Berkley, who retired into private life universally respected and beloved.* The new Governor died suddenly during the following year, upon which event the people disavowed their allegiance to the Commonwealth, and Mr. Berkley was called upon to resume the reigns of government. Before he assented to their wishes he required the colonists to swear allegiance to the crown, and to pledge their lives and property in support of the dethroned monarch of the mother country. Charles II. was thereupon proclaimed the true and lawful sovereign of the British empire, and Sir William Berkley the Governor of his colony of Virginia. These proceedings took place before the death of Cromwell was known in America, and were long after a matter of proud selfgratulation in Virginia. They caused the gratified monarch to regard the then existing administration of affairs in the colony, with favour and indulgence after the restoration.* The restrictions to which they were afterwards made subject were but few, and were not regarded with particular hostility, being principally of a nature to secure their relations and allegiance to the

* Marshall. Winterbotham.