colony had been divided into feven hundreds or distinct settlements, which feemed to enjoy fome of the privileges of boroughs; and from this circumftance the democratic branch of the Affembly has been called to this day, the House of Burgeffes, though composed almost entirely of the reprefentatives of counties. The Affembly, formed of the governor and council of state, who were appointed by the treasurer and company, and of the burgeffes chosen by the people, met together in one apartment, and transacted affairs like the parliament of Scotland of old, which mode continued till after the restoration of Charles IL. Thus convened, and thus compofed, the legislature "debated all matters thought expedient for the good of the whole." The laws were transmitted to England for the ap probation of the treasurer and company, without whofe confirmation they were of no validity. The introduction of an Affembly was attended with the happiest effects. The emigrants, for the first time, refolved to fettle themfelves, and to perpetuate the plantation. The Affembly thanked the company for their favour, and begged them "to reduce into a compendious form, with his Majesty's approbation, the laws of England proper for Virginia, with suitable additions;" giving as a reason," that it was not fit that his subjects fhould be governed by any other rules than such as received their influence from him." This year the treasurer and council received a letter from government, "commanding them to fend a hundred dif folute perfons (convicts) to Virginia." They were accordingly transported," and were, at that period, very acceptable to the colonifts." The fubfequent year, 1620, muft, on account of the introduction of African flaves into the colonies, be ftigmatifed as a much viler æra. The Hollanders were not then precluded by any law from trading with the colonies. A Dutch veffel carried to Virginia a cargo of negroes, and the Virginians, who had themselves just emerged from a state of flavery, became chargeable with reducing their fellow-men to the condition of brutes.

In July, the treasurer and company carried into execution a refolution formerly taken, for establishing a proper conftitution for the colony. The ordinance they paffed, declared, that there should be two fupreme councils in Virginia, the one to be called the council of ftate, to be appointed and displaced by the treasurer and company, and which was to advise the governor in governmental affairs; the other was to be denominated the General Affembly, and to confift of the governor and council, and of two burgeffes, to be chofen

for

for the prefent, by the inhabitants of every town, hundred and fettlement in the colony. The Affembly was to determine by the majority of the voices then prefent, and to enact general laws for the colony, referving to the governor a negative voice. They were to imitate the laws and cuftoms, and judicial proceedings used in England. "No acts were to be in force till confirmed by the General Court in England: on the other hand, no order of the General Court was to bind the colony till affented to by the Affembly." The company having offered territory to those who should either emigrate themfelves, or engage to transport people to the colony, found this policy fo fuccefsful, that upwards of three thousand five hundred perfons emigrated to Virginia during this and the two preceding years.

This year, 1622, was remarkable for a maffacre of the colonists by the Indians, which was executed with the utmost subtilty, and without any regard to age or fex. A well-concerted attack on all the fettlements, deftroyed, in one hour and almost at the same inftant, three hundred and forty-feven perfons, who were defenceless and incapable of making resistance. The emigrants, notwithstanding the orders they had received, had never been folicitous to cultivate the good-will of the natives, and had neither asked permiffion when they occupied their country, nor given a price for their valuable property, which was violently taken away. The miseries of famine were foon fuperadded to the horrors of massacre. Of eighty plantations, which were filling apace, only eight remained; and of the numbers which had been transported thither, no more than about one thousand eight hundred furvived those manifold disasters.

Frequent complaints having been made to King James of the oppreffions of the treasurer and company, and the before-mentioned calamities being attributed to their misconduct or neglect, it was determined, that a commiffion fhould iffue to inquire into the affairs of Virginia and the Somer ifles, from the earliest fettlement of each. Upon the report of the commiffioners, the king concluded on giving a new charter, and required of the company the furrender of former grants, which being refused, a writ of quo warranto iffued in November, 1623, against the patents of the corporation: and judgment was given by the Court of King's Bench against the treasurer and company, in Trinity term, 1624. Thefe proceedings "were fo conformable to the general ftrain of the arbitrary adminiftration of that reign, that they made little impreffion at the time, though

the

the Virginia company was compofed of perfons of the firft quality, wealth and confequence in the nation." The company, probably, would not have exercised fo tame and fubmiffive a spirit, had they not been wholly disappointed in their vifionary profpects, and met with confiderable loffes, inftead of acquiring enormous profits. They had obtained from individuals, who fported in their lotteries from the hope of fudden riches, twenty-nine thousand pounds: but the transportation of more than nine thoufand Eng ifh fubjects had coft them one hundred and fifty thousand pounds. They did not, however, abandon the colony in its diftrefs while they continued a corporation. Timely fupplices were fent from England to the Virginia fettlers, which fo animated them, that they carried on an of fenfive war against the Indians, purfued them into their faftneffes, and drove them from the neighbourhood of thofe rivers, where they had fixed their own plantations.

As to King James, he "affuredly confidered the colonies as acquired by conqueft; and that they ought to be holden of his person, independent of his crown or political capacity; and might be ruled according to his good will, by prerogative: and he endeavoured, agreeably to the ftrange economy of his reign, to convert them into a mere private estate, descendible to his perfonal heirs."*

The Virginia company being diffolved, James took the colony under his immediate dependence, which occafioned much confufiona Upon his death, in 1625, King Charles, being of the fame judgment with his father as to the government of Virginia, determined to tread In the fame steps. In May he named a new governor and council for Virginia, and invefted them with an authority fully legislative and arbitrary. They were empowered to make and execute laws, to impofe taxes, and enforce payment. Neither the commiffion nor inftructions mentioned exprefsly, or even alluded to an Affembly, to the laws of England, or to the acts of the provincial legislature, as a rule of government. They were required to tranfport colonists into England, to be punished there for crimes committed in Virginia. This fyftem increased the colonial diffatisfaction, which continued for years, till the Virginians received a letter containing the royal affurance, that all their eftates, trade, freedom and privileges, fhould be enjoyed by them in as extenfive a manner, as they enjoyed

*See Chalmers's Political Annals under the head of Virginia, for many of the Preceding and fubfequent articles refpecting that colony.

VOL. III

them

them before the recalling of the company's patent." On this they were reconciled, and began again to exert themselves in making im provements.*

Being left for fome years in a manner to themselves, they increased beyond expectation. They remained under the administration of their late governors, and other officers, who respected their privileges because they loved the colony. The governor whom Charles had been anxious to appoint, had no opportunity of exercifing those illegal and extraordinary powers with which he had been invested. His death, in 1627, put an end to his authority, and prevented the colony's feeling its full extent. His fucceffor, John Harvey, Esq. was nominated in March, 1629, and his commiffion and instructions were precifely the fame with thofe of the former. He departed foon after for Virginia. The fpirit of his adminiftration was an exact counterpart of what had too long prevailed in England. He was severe in his extortions, proud in his councils, unjust and arbitrary in every department of his government. The Virginians, roused almost to madness by oppreffion, feized and fent him prifoner to England, accompanied with two deputies, to represent their grievances and his misconduct. His behaviour was so thought of, that he was honoured with a new commiffion which confirmed his former powers, and he was fent back to Virginia in April, 1637. After that, his government was fo exceffively oppreffive and cruel, that the complaints of the colonifts became at length too loud to be longer neglected, and his commiflion was revoked in January, 1638-9. During his ten years administration, the Virginians were ruled rather as the vaffals of an eastern defpot, than as fubjects entitled to English liberties; but it is to their credit, that, having tafted the fweets of a fimple government, they oppofed with a firm fpirit, during the reign of Charles, the attempts of those who endeavoured to revive the patents, and to restore the corporation.

Sir William Berkeley was appointed governor the beginning of 1639. His inftructions evidenced a prodigious change in colonial policy, which must be partly afcribed to the then state of affairs in England. He was directed to fummon all the burgeffes of the plantations, who, with the governor and council, were to constitute the Grand Affembly, with power to make acts for the government of the colony, as near as might be to the laws of England-to caufe

* Bland's Inquiry into the Rights of the British Colonies.

speedy

fpeedy juftice to be administered to all, according to English forms and to forbid all trade with foreign veffels except upon neceflity. Thus were the Virginians restored to that fyftem of freedom which they had derived from the Virginia company, and which the writ of quo warranto had involved in the fame ruin with the corporation itself.

Civil diffenfions, however, took place, which were embittered by religious differences, and inflamed by acts made to prohibit the preaching of the doctrine of the Puritans. The difcontented party presented a petition to the House of Commons, in the name of the Affembly, "praying for the restoration of the ancient patents and corporation government." But the governor, council and burgeffes, no fooner heard of the transaction, than they tranfmitted an explicit difavowal of it. They fent alfo an addrefs to King Charles, acknowledging his bounty and favour toward them, and earnestly defiring to continue under his immediate protection. In 1642, they declared in the form of an act," that they were born under monarchy, and would never degenerate from the condition of their births, by being fubject to any other government." Nothing could be more acceptable than this act, which being presented to the King at York, drew from him an answer, in which he gave them the fullest affurances, that they should be always, immediately dependent upon the crown, and that the form of government should never be changed.

They remained unalterably attached to the caufe of their fove reign. But when the Commons of England had triumphed over their European opponents, their attention was turned to the plantations; and an ordinance was paffed in October, 1650, " for prohibiting trade with Barbadoes, Virginia, Berinuda and Antego." It recited, that" in Virginia, and other places in America, there are colonies, which were planted at the cost, and settled by the people, and by the authority of this nation, which ought to be fubordinate to, and dependent upon England-that they ever have been, and ought to be, fubject to fuch laws and regulations as are, or shall be made by the Parliament-that divers acts of rebellion have been committed by many perfons inhabiting Virginia, whereby they have fet up themselves in oppofition to this commonwealth." It therefore declared them "notorious robbers and traitors." PERSONS IN

POWER GENERALLY REASON ALIKE AGAINST THOSE WHO OP POSE THEIR AUTHORITY, AND DISPUTE THE LEGALITY OR