USA > Virginia > History of the colony and ancient dominion of Virginia > Part 15
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* Hist. Mag., ii. 34.
¡ It has been said that these folios were sent back to England by John Ran- dolph of Roanoke, (Belknap, art. WYAT;) but it appears that they came into
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ANCIENT DOMINION OF VIRGINIA.
On the sixth day of April, 1625, died King James the First, aged fifty-nine, after a reign of twenty years. By his consort, Anne of Denmark, he had issue, Henry and Robert, who died young, Charles, his successor, and Elizabeth, who married Frederic the Fifth, elector Palatine. Charles the First succeeding to the crown and the principles of his father, took the government of Virginia into his own hands.
The company thus dissolved, had expended one hundred and fifty thousand pounds in establishing the colony, and had transported nine thousand settlers without the aid of govern- ment. The number of stockholders was about one thousand; and the annual value of exports from Virginia was, at the pe- riod of the dissolution of the charter, only twenty thousand pounds.
The company embraced much of the rank, wealth, and talents of the kingdom-near fifty noblemen, several hundred knights, and many gentlemen, merchants, and citizens. Among the leaders in its courts were Lord Cavendish, afterwards Earl of Devonshire; Sir Edwin Sandys; and Sir Edward Sackville, afterwards the celebrated Earl of Dorset; and, above all, the Earl of Southampton, the friend of Essex, and the patron of Shakespeare. Henry Wriothesley, third Earl of Southampton, in 1601, was implicated with the Earl of Essex in his hair-brained and abortive conspiracy to seize the person of Queen Elizabeth. Essex lost his life. Southampton was convicted, attainted and imprisoned during the queen's life. Upon the accession of James the First he was liberated, and restored in 1603. He was after- wards made Captain of the Isle of Wight and Governor of Caris- broke Castle; and in 1618 a member of the privy council.
possession of Congress as part of Mr. Jefferson's library, and are now in the Law Library at Washington. There is to be found there also a volume of papers and records of the Virginia Company, from 1621 to 1625. (See article by J. Wingate Thornton, Esq., of Boston, in Hist. Mag., ii. 33, recommending that these docu- ments should be published by Congress.) There are also valuable MS. historical materials in Richmond which ought to be published. The recent destruction of the library of William and Mary College shows the precarious tenure by which the collections of the Virginia Historical Society, and the records preserved in the State Capitol, are held.
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HISTORY OF THE COLONY AND
Brave and generous, but haughty and impetuous, he was by no means adapted to the court and cabinet of James, where fawning servility and base intrigue were the ordinary stepping-stones of political advancement.
About the year 1619, the Earl of Southampton was imprisoned through the influence of Buckingham, "whom he rebuked with some passion for speaking often to the same thing in the house, and out of order." In 1620 he was chosen Treasurer, or Governor of the Virginia Company, contrary to the king's wishes; but he, nevertheless, continued in that office until the charter was dissolved, and at its meetings, and in parliament, opposed the measures of a feeble and corrupt court. He and Sir Edwin Sandys, the leaders, together with the bulk of the members of the company, shared largely in the spirit of civil and religious freedom, which was then manifesting itself so strongly in England. In the hostile course pursued against the company, the attacks were especially directed against the earl and his associates Sir Edwin Sandys and Nicholas Ferrar. These three were celebrated: Lord Southampton for wisdom, eloquence, and sweet deportment; Sir Edwin Sandys for great knowledge and integrity; and Nicholas Ferrar for wonderful abilities, unwearied diligence, and the strictest virtue .* The earl and Sir Edwin were particular objects of the king's hatred. Sir Edwin, a member of the House of Commons, was arbitrarily im- prisoned in 1621, during the session of parliament; and the earl was arrested after its dissolution. Spain had, at this time, acquired the ascendancy in the English Court, and this malign influence was skilfully maintained by the intrigues of her crafty ambassador, Count Gondomar. It was believed by many that James was even willing to sacrifice the interests of the English colonies for the benefit of those of Spain. The Rev. Jonas Stockham, a minister in Virginia, in a letter dated in May, 1621, and addressed to the Council of the Virginia Company, said: "There be many Italianated and Spaniolized Englishmen envies our prosperities, and by all their ignominious scandals they can
* Peckard's Life of Ferrar-a work which throws much light on the early his- tory of Virginia.
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ANCIENT DOMINION OF VIRGINIA.
devise, seeks to dishearten what they can those that are willing to further this glorious enterprise. To such I wish, according to the decree of Darius, that whosoever is an enemy to our peace, and seeketh either by getting monipolical patents, or by forging unjust tales to hinder our welfare-that his house were pulled down, and a pair of gallows made of the wood, and he hanged on them in the place."
The Earl of Southampton was grandson of Wriothesley, the famous Chancellor of Edward the Sixth, father to the excellent and noble Treasurer Southampton, grandfather to Rachel Lady Russel. In his later years he commanded an English regiment in the Dutch service, and died in the Netherlands, 1624. Shake- speare dedicated some of his minor poems to him ; the County of Southampton, in Virginia, probably also took its name from him. Captain Smith, who had been unjustly displaced by the company, approved of the dissolution of their charter. Yet, as no com- pensation was rendered for the enormous expenditure incurred, it can be looked upon as little better than confiscation effected by chicane and tyranny. A parliamentary committee, of which Sir Edwin Sandys was a member, in the same year, 1624, drew up articles of impeachment against Lord Treasurer Cranfield for his agency in bringing about the dissolution of the charter .* Ne- vertheless, the result was undoubtedly favorable to the colony, as is candidly acknowledged by that honest chronicler, Stith, although no one could be more strenuously opposed to the arbitrary means employed.
An Assembly had been held in March, 1624, and its acts are preserved: they are brief and simple, coming directly to the point, without the redundancy of modern statutes; and refer mainly to agriculture, the church establishment, and defence against the Indians. The following is a list of the members of this early Assembly :-
Sir Francis Wyat, Knt., Governor, etc.
Captain Francis West, Sir George Yeardley,
John Pott,
Captain Roger Smith,
George Sandys, Treasurer,
Captain Ralph Hamor,
And John Pountis, of the Council.
* Belknap.
¡ Hening's Statutes, i. 119, 129.
12
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ANCIENT DOMINION OF VIRGINIA.
1
BURGESSES.
BURGESSES.
William Tucker,
Nathaniel Bass,
Jabez Whitakers,
John Willcox,
William Peeine,
Nicolas Marten,
Raleigh Crashaw,
Clement Dilke,
Richard Kingsmell,
Isaac Chaplin,
Edward Blany,
John Chew, John Utie,
Luke Boyse,
John Pollington,
John Southerne,
Nathaniel Causey,
Richard Bigge,
Robert Adams,
Henry Watkins,
Thomas Harris,
Gabriel Holland,
Richard Stephens,
Thomas Morlatt,
R. Hickman, Clerk.
CHAPTER XIX.
1624-1632.
Charles the First commissions Sir Thomas Wyat, Governor-Assemblies not allowed-Royal Government virtually established in Virginia-Other Colonies on Atlantic Coast-Wyat returns to Ireland-Succeeded by Yeardley- Yeardley succeeded by West-Letter of Charles the First directing an Assem- bly to meet-Assembly's Reply-John Pott, Governor-Condition of Colony- Statistics-Diet -- Pott superseded by Harvey-Dr. John Pott Convicted of Stealing Cattle-Sir John Harvey-Lord Baltimore visits Virginia-Refuses to take the Oaths tendered to him-Procures from Charles the First a Grant of Territory-Acts relative to Ministers, Agriculture, Indians, etc
IN August, 1624, King Charles the First granted a commis- sion appointing Sir Thomas Wyat Governor, with a council during pleasure, and omitting all mention of an assembly, thinking so "popular a course" the chief source of the recent troubles and misfortunes. The eleven members of the council were, Francis West, Sir George Yeardley, George Sandys, Roger Smith, Ralph Hamor, who had been of the former council, with the addition of John Martin, John Harvey, Samuel Matthews, Abraham Percy, Isaac Madison, and William Clayborne. Several of these were then, or became afterwards, men of note in the colony. This is the first mention of William Clayborne, who was destined to play an important part in the future annals of Virginia.
Thus in effect a royal government was now established in Vir- ginia; hitherto she had been subject to a complex threefold government of the company, the crown, and her own president or governor and council .*
* Chalmers' Introduction, i. 22. Beverley, B. i. 47, says expressly that an assembly was allowed. Burk, ii. 15, asserts that "assemblies convened and deliberated in the usual form, unchecked and uninterrupted by royal interfer- ence, from the dissolution of the proprietary government to the period when a regular constitution was sent over with Sir W. Berkeley in 1639." For author- ity reference is made to a document in the Appendix, which document, however, is not to be found there. The opinions of Chalmers-who, as clerk of the privy
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HISTORY OF THE COLONY AND
From 1624 to 1628 there is no mention in the statute-book of Virginia, or in the journal of the Virginia Company, of any assembly having been held in the colony, and in 1628 appeals were made to the governor and council; whereas had there been an assembly, it would have been the appellate court.
The French had established themselves as early as 1625 in Canada; the Dutch were now colonizing the New Netherlands; a Danish colony had been planted in New Jersey; the English were extending their confines in New England (where New Ply- mouth numbered thirty-two houses and one hundred and eighty settlers) and Virginia; while the Spaniards, the first settlers of the coast, still held some feeble posts in Florida.
Sir Thomas Wyat, the governor of the colony of Virginia, on the death of his father, Sir George Wyat, returning, in 1626, to Ireland, to attend to his private affairs there, was succeeded by Sir George Yeardley. He, during the same year, by proclama- tion, which now again usurped the place of law, prohibited the selling of corn to the Indians; made some commercial regulations, and directed houses to be palisaded. Yeardley dying, was suc- ceeded in November, 1627, by Francis West, elected by the council. He was a younger brother of Lord Delaware .*
At a court held at James City, November the sixteenth, Lady Temperance Yeardley came and confirmed the conveyance made by her late husband, Sir George Yeardley, knight, late governor, to Abraham Percy, Esq., for the lands of Flowerdieu Hundred, being one thousand acres, and of Weanoke, on the opposite side of the water, being two thousand two hundred acres. This lady's Christian name is Puritanical; another such was Obedience Robins, a burgess of Accomac in 1630.
James the First had extorted a revenue from the tobacco of Virginia by an arbitrary resort to his prerogative, and in viola- tion of the charter. Charles the First, in a letter dated June, 1628, proposed that a monopoly of the tobacco trade should be granted to him, and recommended the culture of several new pro-
council, had access to the archives in England-and Hening, confirmed by a cor- responding hiatus in the records, appear conclusive against the unsupported statements of Beverley and Burk.
* Belknap, art. WYAT, errs in making Sir John Harvey the successor.
-
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ANCIENT DOMINION OF VIRGINIA.
ducts, and desired that an assembly should be called to take these matters into consideration. The ensuing assembly replied, de- manding a higher price and more favorable terms than his majesty was disposed to yield. As to the introduction of new staples, they explained why, in their opinion, that was impracticable. This letter was signed by Francis West, Governor, five members of the council, and thirty-one members of the House of Burgesses.
Sir George Yeardley, the late governor, with two or three of the council, had resided for the most part at Jamestown; the rest of the council repaired there as occasion required. There was a general meeting of the governor and council once in every three months. The population of the colony was estimated at not less than fifteen hundred; they inhabited seventeen or eighteen plan- tations, of these the greater part, lying toward the falls of the James River, were well fortified against the Indians by means of palisades. The planters dwelling above Jamestown, found means to procure an abundant supply of fish. On the banks of that river the red men themselves were now seldom seen, but their fires were occasionally observed in the woods .*
There was no family in the colony so poor as not to have a sufficient stock of tame hogs. Poultry was equally abundant; bread plenty and good. - For drink the colonists made use of a home-made ale; but the better sort of people were well supplied with sack, aqua-vitæ, and good English beer. The common diet of the servants was milk-hominy, that is, bruised Indian-corn, pounded and boiled thick, and eaten with milk. This dish was also in esteem with the better sort. Hominy, according to Strachey, is an Indian word; Lord Bacon calls it "the cream of maize," and commends it as a nutritious diet. The planters were generally provided with arms and armor, and on every holiday each plantation exercised its men in the use of arms, by which means, together with hunting and fowling, the greater part of them became excellent marksmen. Tobacco was the only staple cultivated for sale. The health of the country was greatly im-
* The number of cattle amounted to several thousand head; the stock of goats was large, and their increase rapid; the forests abounded with wild hogs, which were killed and eaten by the savages.
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HISTORY OF THE COLONY AND
proved by clearing the land, so that the sun had power to exhale up the humid vapors. Captain Francis West continued governor till March, 1628, and he then being about to embark for Eng- land, John Pott was elected governor by the council.
In the year 1629 most of the land about Jamestown was cleared; little corn planted; but all the ground converted into pasture and gardens, "wherein doth grow all manners of English herbs and roots and very good grass." Such is the cotemporaneous statement, but after the lapse of more than two centuries Eastern Virginia depends largely on the Northern States for her supply of hay. The greater portion of the cattle of the colony was kept near Jamestown, the owners being dispersed about on plantations, and visiting Jamestown as inclination prompted, or, at the arrival of shipping, come to trade. In this year the population of Vir- ginia amounted to five thousand, and the cattle had increased in the like proportion. The colony's stock of provisions was suffi- cient to feed four hundred more than its own number of inhabit- ants. Vessels procured supplies in Virginia; the number of arrivals in 1629 was twenty-three. Salt fish was brought from New England; Kecoughtan supplied peaches.
Mrs. Pearce, an honest industrious woman, after passing twenty years in Virginia, on her return to England reported that she had a garden at Jamestown, containing three or four acres, where in one year she had gathered a hundred bushels of excellent figs, and that of her own provision she could keep a better house in Virginia, than in London for three or four hundred pounds a year, although she had gone there with little or nothing. The planters found the Indian-corn so much better for bread than wheat, that they began to quit sowing it.
An assembly met at Jamestown in October, 1629; it consisted of John Pott, Governor, four councillors, and forty-six burgesses, returned from twenty-three plantations. Pott was superseded in the same year by Sir John Harvey, at some time between Octo- ber and March. In March, the quarter court ordered an assembly to be called, to meet Sir John Harvey on the twenty-fourth of that month; and nothing was done in Pott's name after October, so far as can be found in the records.
The late governor was, during the ensuing year, Rob-Roy-like,
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ANCIENT DOMINION OF VIRGINIA.
convicted of stealing cattle. The trial commenced on the ninth of July, 1630; the number of jurors was thirteen, of whom three were members of the council. The first day was wholly spent in pleading, the next in unnecessary disputations, Dr. John Pott endeavoring to prove Mr. Kingsmell, one of the witnesses against him, a hypocrite by the story of "Gusman of Alfrach, the Rogue." Pott was found guilty, but in consideration of his rank and station, judgment was suspended until the king's pleasure should be known ; and all the council became his security.
Sir John Harvey, the new governor, had been one of the com- missioners sent out by King James to Virginia, in 1623, for the purpose of investigating the state and condition of the colony, and of procuring evidence which might serve to justify the disso- lution of the charter of the Virginia Company. Harvey had also been a member of the provisional government in the year 1625. Returning now to Virginia, no doubt with embittered recollec- tions of the collisions with the assembly in which he had been formerly involved, he did not fail to imitate the arbitrary rule that prevailed "at home," and to render himself odious to the inhabitants of the colony.
Sir George Calvert, the first Lord Baltimore, descended from a noble family in Flanders, born at Kipling, in Yorkshire, Eng- land, was educated partly at Trinity College, Oxford, and partly on the continent. Sir Robert Cecil, lord treasurer, employed him as his secretary, and he was promoted to the clerkship of the council. In 1618 he was knighted, and in the succeeding year he was made a secretary of state, and one of the committee of trade and plantations, with a pension of one thousand pounds. Through the influence of Sir Thomas Wentworth, afterwards Earl of Strafford, he was chosen a member of Parliament. Receiving a patent for the southeastern peninsula of Newfoundland, he undertook to establish, in 1621, the plantation of Ferryland, which he called the Province of Avalon-a name derived from some mediaval legend. In 1624 he professed the Romish faith, and resigned his place of secretary of state; but James the First still retained this strenuous defender of royal prerogative as a member of his privy council, and created him* Baron of Balti-
* 1625.
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HISTORY OF THE COLONY AND
more, in the County of Longford, in Ireland, he being at this time the representative of the University of Oxford in the House of Commons. Still bent upon establishing a colony in America, for the promotion of his private interests, and to provide an asylum for the unmolested exercise of his religion, embarking in a ship lent him by King Charles the First, he came over to Vir- ginia in the year 1629.
Virginia was founded by men devoted to the principles of the Reformation, amid vivid recollections of the persecutions of Mary, the Spanish armada, and the recent gunpowder plot, and when horror of papists was at its height. The charter of the colony expressly required that the oaths of allegiance and supremacy should be taken for the purpose of guarding against "the super- stitions of the Church of Rome."*
The assembly being in session at the time of Lord Baltimore's arrival, proposed these oaths to him and those with him. He de- clined complying with the requisition, submitting, however, a form which he was ready to accept, whereupon the assembly determined to refer the matter to the privy council. The virtues of this able and estimable nobleman did not secure him from personal indig- nity. In the old records is found this entry: "March 25th, 1630, Thomas Tindall to be pilloried two hours for giving my Lord Baltimore the lie, and threatening to knock him down."}
Finding the Virginians unanimously averse to the very name of papist, he proceeded to the head of Chesapeake Bay, and ob- serving an attractive territory on the north side of the Potomac River unoccupied, returned to England, and, in violation of the territorial rights of Virginia, obtained from Charles the First a grant of the country, afterwards called Maryland,¿ but died be- fore the sealing of his patent.
During the session of 1629-30 ministers were ordered to con- form themselves in all things "according to the canons of the Church of England." It would appear that Puritanism had be- gun to develope itself among the clergy as well as the laity of the colony. Measures were adopted for erecting a fort at Point
* Burk, ii. 25; Hen., i. 73, 97. + 1 Hen., 552.
į Belknap, iii. 206; Allen's Biog. Dic., art. CALVERT.
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ANCIENT DOMINION OF VIRGINIA.
Comfort; new-comers were exempted from military service during the first five years after their arrival; engrossing and forestalling were prohibited. For the furtherance of the production of pot- ashes and saltpetre, experiments were ordered to be made; to prevent a scarcity of corn, it was enacted that two acres of land, or near thereabouts, be planted for every head that works in the ground; regulations were established for the improvement of the staple of tobacco. An act provided that the war commenced against the Indians be effectually prosecuted, and that no peace be concluded with them .*
The first act of the session of February, 1632, provides that there be a uniformity throughout this colony, both in substance and circumstance, to the canons and constitution of the Church of England, as near as may be, and that every person yield ready obedience to them, upon penalty of the pains and forfeitures in that case appointed. Another act directs that ministers shall not give themselves to excess in drinking, or riot, spending their time idly, by day or night, playing at dice, cards, or any other unlawful game. Another order was, that all the council and burgesses of the assembly shall in the morning be present at divine service, in the room where they sit, at the third beating of the drum, an hour after sunrise. No person was suffered to "tend" above fourteen leaves of the tobacco-plant, nor to gather more than nine leaves, nor to tend any slips of old stalks of tobacco, or any of the second crop; and it was ordained that all tobacco should be taken down before the end of November. No person was permitted to speak or parley with the Indians, either in the woods or on any plantation, "if he can possibly avoid it by any means." The planters, however, were required to observe all terms of amity with them, taking care, nevertheless, to keep upon their guard. The spirit of constitutional freedom exhibited itself in an act declaring that the governor and council shall not lay any taxes or impositions upon the colony, their land, or commo- dities, otherwise than by authority of the grand assembly, to be levied and employed as by the assembly shall be appointed.
Act XL. provides, that the governor shall not withdraw the
* 1 Hening, 149.
1
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ANCIENT DOMINION OF VIRGINIA.
inhabitants from their private labors to service of his own, upon any color whatsoever. In case of emergency, the levying of men shall be ordered by the governor, with the consent of the whole body of the council. For the encouragement of men to plant a plenty of corn, it was enacted, that the price shall not be re- stricted, but it shall be free for every man to sell it as dear as he can. Men were not allowed to work in the grounds without their arms, and a sentinel on guard; due watch to be kept at night when necessary; no commander of any plantation shall either himself spend, or suffer others to spend, powder unnecessarily, that is to say, in drinking or entertainments. All men fit to bear arms were required to bring their pieces to the church on occa- sion of public worship. No person within the colony, upon any rumor of supposed change and alteration, was to presume to be disobedient to the present government, nor servants to their pri- vate officers, masters, and overseers, at their uttermost peril. No boats were permitted to go and trade to Canada or elsewhere that be not of the burthen of ten tons, and have a flush deck, or fitted with a grating and a tarpauling, excepting such as be permitted for discovery by a special license from the governor .*
* 1 Hening, 155, 175.
CHAPTER XX.
1632-1635.
Charles the First appoints Council of Superintendence for Virginia-Acts of Assembly-William Clayborne authorized by the Crown to make Discoveries and Trade-George Lord Baltimore dies-The Patent of Territory granted is confirmed to his Son Cecilius, Lord Baltimore-Virginia remonstrates against the grant to Baltimore-Lord Baltimore employs his Brother, Leonard Calvert, to found the Colony of Maryland-St. Mary's Settled-Harvey visits Calvert -Clay borne's Opposition to the New Colony-Character of Baltimore's Patent -Contest between Clayborne and the Marylanders-He is convicted of High Crimes-Escapes to Virginia-Goes to England for trial of the Case.
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