ing him. Thus perished one of the greatest of the native chieftains of America. In October, 1646, Necotowance, the successor of Opechancanough entered into a treaty with the colony, by which he and his people relinquished to the English the lands that had been the heritage of their fathers, and withdrew into the interior. Their power was completely broken, and submission was all that was left to them.

Virginia was now on the high road to prosperity. The population at the close of the year 1648 numbered twenty thousand, and was increasing rapidly. A fair trade had been built up with other countries, and at Christmas of this year "there were trading in Virginia ten ships from London, two from Bristol, twelve Hollanders, and seven from New England." The quarrels of the mother country had not affected the colony, though a thrill of horror and indignation ran through all Virginia when the news was received of the execution of Charles I. Upon the fall of that monarch a large number of the royalist party in England, unwilling to submit to or make any compromise with the Parliament, fled to Virginia, and were received there with sympathizing hospitality by the government and people. Many of them made the colony their permanent home, and thus began the pleasant relations between Virginia and England, which have in numerous cases remained unbroken. The Virginians regarded Charles II., then an exile at Breda, as their rightful sovereign, and it was seriously proposed to him to come over to America and be king of Virginia. Charles' interests obliged him to remain in Europe, but he continued to regard himself as king of Virginia. From this circumstance Virginia came to be called "The Old Dominion."

The Parliament, however, did not long suffer the colony to maintain this attitude. Having triumphed over all its enemies in Europe it prepared to enforce its authority in America. In 1650 an ordinance was passed forbidding all intercourse with the colonies that had adhered to the Stuarts, except by the especial permission of Parliament or the Council of State. In the spring of 1652 more energetic measures were put in force, and a fleet was despatched to America to compel the submission of the colonies. The fleet arrived off Jamestown. No resistance was attempted, for the commissioners appointed by the commonwealth were instructed to grant terms honorable to both parties. The Virginians were prepared to resist any attempt to force them into submission, but they were disarmed by the liberal spirit with which the commonwealth met them, and a treaty was concluded between England and Virginia, as equal treating with equal. It was stipulated:

"First. That this should be considered a voluntary act, not forced or constrained by a conquest upon the country; and that the colony should

have and enjoy such freedoms and privileges as belong to the freeborn people of England.

"Secondly. That the grand assembly, as formerly, should convene and transact the affairs of Virginia, doing nothing contrary to the government of the commonwealth or laws of England.

"Thirdly. That there should be a full and total remission of all acts, words, or writings against the Parliament,

"Fourthly. That Virginia should have her ancient bounds and limits, granted by the charters of the former kings, and that a new charter was to be sought from Parliament to that effect, against such as had trespassed against their ancient rights.

by

"Fifthly. That all patents of land under the seal of the colony, granted the governor, should remain in full force.

"Sixthly. That the privilege of fifty acres of land for every person emigrating to the colony should remain in full force.

"Seventhly. That the people of Virginia have free trade, as the people of England enjoy, with all places and nations, according to the laws of the commonwealth; and that Virginia should enjoy equal privileges, in every respect, with any other colony in America.

"Eighthly. That Virginia should be free from all taxes, customs, and impositions whatsoever; and that none should be imposed upon them without the consent of their grand assembly; and no forts or castles be erected, or garrison maintained, without their consent.

"Ninthly. That no charge should be required from the country on account of the expense incurred in the present fleet.

"Tenthly. That this agreement should be tendered to all persons, and that such as should refuse to subscribe to it should have a year's time to remove themselves and effects from Virginia, and in the meantime enjoy equal justice."

"These terms," says Bancroft, "so favorable to liberty, and almost conceding independence, were faithfully observed until the restoration. Historians have, indeed, drawn gloomy pictures of the discontent which pervaded the colony, and have represented the discontent as heightened by commercial oppression. The statement is a fiction. The colony of Virginia enjoyed liberties as large as the favored New England; displayed an equal degree of fondness for popular sovereignty, and fearlessly exercised political independence."

Richard Bennett, one of the commissioners, was chosen governor in the place of Berkeley. Until now it had been customary for the governor and council to sit in the assembly, and take part in the debates. Objec tion was now made to their presence, and the matter was compromised by obliging them to take the oath required of the burgesses. During the

protectorate Cromwell wisely let the colony alone. He appointed none of the governors, and never interfered with the management of its affairs. In 1658, Samuel Mathews being governor, the assembly, on the 1st of April, passed a law excluding the governor and council from their sessions, and thus secured to themselves a free and uninterrupted discussion of their measures. The governor and council in return declared the assembly dissolved, but that body vindicated its authority and independence by removing the governor and council, and compelled them to submit. They were then reëlected to their respective positions. Thus did the spirit of popular liberty establish all its claims.

Upon the death of Cromwell, the house of burgesses met in secret session and decided to recognize Richard Cromwell as protector. "It was a more interesting question whether the change of protector in England would endanger liberty in Virginia. The letter from the council had left the government to be administered according to former usage. The assembly declared itself satisfied with the language. But that there might be no reason to question the existing usage, the governor was summoned to come to the house, where he appeared in person, deliberately acknowledged the supreme power of electing officers to be, by the present laws, resident in the assembly, and pledged himself to join in addressing the new protector for special confirmation of all existing privileges. The reason for this extraordinary proceeding is assigned, 'that what was their privilege now, might be the privilege of their posterity.' The frame of the Virginia government was deemed worthy of being transmitted to remote generations."*

Governor Mathews died in March, 1660, about the time of the resignation of Richard Cromwell in England. Both the mother country and the colony were thus left without a government. In this emergency the general assembly of Virginia resolved "that the supreme government of this country shall be resident in the assembly, and all writs shall issue in its name, until there shall arrive from England a commission, which the assembly itself shall adjudge to be lawful." The assembly had no thought of asserting its independence of England, but as it cherished the earnest hope that the king would be restored to his rights, it proceeded to fill the vacancy occasioned by the death of Governor Mathews by electing Sir William Berkeley, the devoted partisan of the Stuarts, governor of Virginia. Berkeley accepted the office, acknowledged the validity of the acts of the assembly, and expressed his conviction that he could in no event dissolve that body. "I am," said he, "but the servant of the assembly." We shall see in the course of this narrative how he regarded this promise in the light of subsequent events.

* History of the United States. By Geo. Bancroft, vol. i., p. 228.

CHAPTER VIII.

VIRGINIA AFTER THE RESTORATION.

Characteristics of the Virginians-Causes of the Success of the Royalists-Growth of the Aristocratic Class-Berkeley decides against the People-The Aristocratic Assembly Claims the Right to sit Perpetually-Deprives the Common People of their Liberties— Revival of the Navigation Act by Charles II.-The King bestows Virginia as a Gift upon his Favorites-Protests of the Assembly-Growing Hostility of the Virginians to the Colonial Government-The Indian War-The Governor Refuses to allow the Colonists to Defend themselves-Nathaniel Bacon-He Marches against the IndiansRebellion of the People against Berkeley and the Assembly-The Convention-Repeal of the Obnoxious Laws-Berkeley's Duplicity-The People take up Arms-Flight of Berkeley-Destruction of Jamestown-Death of Bacon-Causes of the Failure of the Rebellion-Berkeley's Triumph-Execution of the Patriot Leaders-Berkeley's Course Condemned by the King-Death of Berkeley-The Unjust Laws Re-enacted-Lord Culpepper Governor-His Extortions-James II. and Virginia—Effects upon Virginia of the Revolution of 1688-William and Mary College Founded.

N the 8th of May, 1660, Charles II. was proclaimed king in England, and on the 29th made his entry into London. The rebellion and the commonwealth had produced but little effect upon Virginia. The restoration was productive of the most

momentous consequences in the colony. During the long period of the commonwealth Virginia had been practically independent. The people had acquired political rights, and had exercised them with prudence. The colony had prospered in a marked degree under the blessings of popular government, and the rights of the people were jealously guarded by their legislators. "No trace of established privilege appeared in its code or its government: in its forms and in its legislation Virginia was a representative democracy; so jealous of a landed aristocracy that it insisted on universality of suffrage; so hostile to the influence of commercial wealth, that it would not tolerate the 'mercenary' ministers of the law; so considerate for religious freedom, that each parish was left to take care of itself. Every officer was, directly or indirectly, chosen by the people." The restoration was to change all this.

*

* Bancroft's History of the United States, vol. ii., p. 188.

The society of Virginia was peculiar. The colony had been settled by adventurers under circumstances which compelled equality among all classes of its people. Thus there had grown up a strong population born to the enjoyment of this equality, and devoted to its maintenance. They constituted the bulk of the inhabitants. By degrees there had sprung up a colonial aristocracy composed of the large landholders. These were persons of culture, many of whom had been men of position and education in England. The laws favored the accumulation of large estates, and the possession of them awakened feelings of family pride. The large emigration of men of rank and culture at the overthrow of Charles I. greatly increased this class. The existence of an established church gave it another element of strength, since the interests of the state church and the aristocracy are always identical. Education was almost entirely confined to the landholding class, and with this never-failing weapon in their grasp they soon obtained the direction of the affairs of the colony, and retained it. Unfortunately for Virginia, the mass of the people had no means of acquiring knowledge. There were no common schools in the colony. In 1671, Sir William Berkeley wrote: "Every man instructs his children according to his ability." He added: "I thank God there are no free schools nor printing, and I hope we shall not have these hundred years; for learning has brought disobedience and heresy and sects into the world, and printing has divulged them and libels against the best government. God keep us from both!" Thus were the common people doomed to hopeless ignorance, and left helpless and at of the smaller but educated class. There was no printing press in Virginia, and the colony remained without one until nearly a century after New England had enjoyed its benefits. Bitterly did the people of Virginia atone for their neglect of their best interests. They had shown at the first the power of creating free institutions; but these institutions cannot be preserved among an ignorant people. Freedom and intelligence go hand in hand. The institution of negro slavery was another element of weakness and degradation. Labor was debased in the eyes of the whites by being made the task of a slave, when it should have been the glory of a freeman. The institution served to confirm the power of the landed aristocracy, while it sank the common people deeper into ignorance.

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Thus when Sir William Berkeley entered upon his second term of office, at the period of the restoration, there were two elements, by nature hostile to each other, contending for the control of the colony-a people eager for the enjoyment of popular liberty, but sinking deeper into ignorance and helplessness, and a rising aristocracy, composed of men of