Sir Walter was arrested in 1592, and confined in the Tower, on account of a criminal intrigue with one of the maids of honor, who was imprisoned at the same time; and this incident is alluded to in Sir Walter Scott's "Fortunes of Nigel." The lady was Elizabeth, daughter of Sir Nicholas Throckmorton, and a celebrated beauty, whom Raleigh afterwards married. In a letter written from the Tower, and addressed to Sir Robert Cecil, Raleigh indulged in a vein of extravagant flattery of the queen: "I that was wont to behold her riding like Alexander, hunting like Diana, walking like Venus--the gentle wind blowing her fair hair about her pure cheeks like a nymph; sometime sitting in the shade like a G.o.ddess; sometime singing like an angel; sometime playing like Orpheus." Elizabeth was at this time about sixty years old.

In 1593 she granted him the Manor of Sherborne, in Dorsetshire. About this period he distinguished himself in the House of Commons. In 1595 he commanded an expedition to Guiana, in quest of the golden El Dorado, and another in the following year. In an expedition against Cadiz he led the van in action, and received a severe wound in the leg. Upon his return to England he embarked in his third voyage to Guiana. In 1597 he was restored to his place of captain of the guard, and entirely reinstated in the queen's favor.

Ess.e.x having engaged in a rash treasonable conspiracy, the object of which was to seize upon the queen's person, so as thereby to control the government, Raleigh aided in defeating his designs. But after the execution of his popular rival, Raleigh's fortune began to wane.

Nevertheless, in 1600 he was made Governor of the Isle of Jersey. In the following year, in a speech made in Parliament on an act for sowing hemp, Sir Walter said: "For my part, I do not like this constraining of men to manure or use their grounds at our wills, but rather let every man use his ground to that which it is most fit for, and therein use his discretion." Queen Elizabeth died in 1603, and Raleigh's happiness ended with her life.

James the First came to the throne of Great Britain prejudiced against Raleigh. He was also at this time extremely unpopular, and especially odious to the friends of the highly gifted, but rash and unfortunate Earl of Ess.e.x. In three months after the arrival of King James in England, Sir Walter was arrested on a charge of high treason, in conspiring with the Lords Cobham and Grey to place the Lady Arabella Stuart on the throne. Arraigned on charges frivolous and contradictory, tried under circ.u.mstances of insult and oppression, he was found guilty without any sufficient evidence. By their conduct on this occasion, Sir Edward c.o.ke, Lord Chief Justice Popham, and Sir Robert Cecil proved themselves fit tools for the abject and heartless James. Raleigh, though reprieved, remained a prisoner in the Tower at the king's mercy.

Lady Raleigh and her son were not excluded from the Tower, and Carew, the youngest, was born there. During his long confinement, Sir Walter devoted himself to literature and science, and enjoyed the society of a few friends, among them Hariot and the Earl of Northumberland, who was likewise a State prisoner. Sir Walter was also frequently visited by Prince Henry, the heir-apparent, who was devotedly attached to him, and who said that "none but his father would keep such a bird in a cage."

Prince Charles, on the contrary, appears to have entertained a strong dislike to him. In the Tower Raleigh composed his great work, the "History of the World," the first volume of which appeared in the year 1614; it extended from the creation to the close of the Macedonian war, and embraced a period of about four thousand years. It was dedicated to Prince Henry. Raleigh intended to compose two other volumes, but owing to the untimely death of that prince, and to the suppression of it by King James, on the ground that it censured princes too freely, and perhaps to the magnitude of the task, he proceeded no further than the first volume. Oliver Cromwell recommended this work to his son.

During his confinement the king gave away Raleigh's estate of Sherborne to his favorite, Sir Robert Carr, afterwards the infamous Viscount Rochester and Earl of Somerset, who swayed the influence at Court from 1611 to 1615, when he was supplanted by the equally corrupt George Villiers, Duke of Buckingham.

When Lady Raleigh, with her children around her, kneeling in tears, besought James to restore this estate, the only answer she received was, "I maun have the land, I maun have it for Carr." At length, owing in part to the death of some of his enemies, and in part to the influence of money, Sir Walter Raleigh was released from the Tower for the purpose of making another voyage to Guiana. The expedition failed in its object, and Sir Walter, after losing his son in an action with the Spaniards, returned to England, where he was arrested.

James was now wholly bent on effecting a match between his son, Prince Charles, afterwards Charles the First, and the Spanish Infanta, and to gratify the Court of Spain and his own malignity, he resolved to sacrifice Raleigh. He was condemned, after a most eloquent defence, under the old conviction of 1603, notwithstanding that he had been recently commissioned commander of a fleet and Governor of Guiana, which had unquestionably annulled that conviction. "He was condemned (said his son Carew) for being a friend of the Spaniards, and lost his life for being their bitter enemy."

Queen Anne, then in declining health, interceded for him, not long before his execution, in the following note, addressed to the Marquis of Buckingham:--

"MY KIND DOG:--

"If I have any power or credit with you, in dealing sincerely and earnestly with the king, that Sir Walter Raleigh's life may not be called in question. If you do it so that the success answer my expectation, a.s.sure yourself that I will take it extraordinarily kindly at your hands, and rest one that wisheth you well, and desires you to continue still (as you have been) a true servant to your master.

"ANNE R."[136:A]

Sir Walter Raleigh was executed on the twenty-ninth day of October, 1618, in the Old Palace Yard. He died with Christian heroism.

Distinguished as a navigator and discoverer, a naval and military commander, an author in prose and verse, a wit, a courtier, a statesman and philosopher, there is perhaps in English history no name a.s.sociated with such lofty and versatile genius, so much glorious action, and so much wise reflection. He was indeed proud, fond of splendor, of a restless and fiery ambition, sometimes unscrupulous. An ardent imagination, excited by the enthusiasm of an extraordinary age, infused an extravagance and marvellousness into some of his relations of his voyages and discoveries, that gave some occasion for distrust. The ardor of his temperament and an over-excited imagination involved him in several projects that terminated unhappily. But with his weaknesses and his faults he united n.o.ble virtues, and Virginia will ever be proud of so ill.u.s.trious a founder.[136:B]

The Queen Anne, of Denmark, who had in vain employed her kind offices in his behalf, did not long survive him; she died in March, 1619.

Without any extraordinary qualities, she was accomplished, distinguished for the easy elegance of her manners, amiable, and the generous friend of the oppressed and unfortunate.

FOOTNOTES:

[136:A] Miss Strickland's Lives of Queens of England, vii. 357.

[136:B] Oldy's Life of Raleigh, 74; Belknap, i. art. Raleigh, 289, 370; "A Brief Relation of Sir Walter Raleigh's Troubles," Harleian Mis., No.

100. There are also lives of Raleigh by Birch, Cayley, Southey, and Mrs.

Thompson.

CHAPTER XI.

1619.

Sir Edwin Sandys, Treasurer of London Company--Powell, Deputy Governor--Sir George Yeardley, Governor--First a.s.sembly meets--Its Proceedings.

SIR THOMAS SMITH, Treasurer or Governor of the Virginia Company, was displaced in 1618, and succeeded by Sir Edwin Sandys.[138:A] This enlightened statesman and exemplary man was born in Worcestershire, in 1561, being the second son of the Archbishop of York. Educated at Oxford under the care of "the judicious Hooker," he obtained a prebend in the church of York. He afterwards travelled in foreign countries, and published his observations in a work ent.i.tled "Europae Speculum, or a View of the State of Religion in the Western World." He resigned his prebend in 1602, was subsequently knighted by James, in 1603, and employed in diplomatic trusts. His appointment as treasurer gave great satisfaction to the colony; for free principles were now, under his auspices, in the ascendant. His name is spelt sometimes Sandis, sometimes Sands. Sir Thomas Smith was shortly after reappointed, by the Virginia Company, President of the Somers Islands.

When Argall, in April, stole away from Virginia, he left for his deputy, Captain Nathaniel Powell,[138:B] who had come over with Captain Smith in 1607, and had evinced courage and discretion. He was one of the writers from whose narratives Smith compiled his General History. Powell held his office only about ten days, when Sir George Yeardley, recently knighted, arrived as Governor-General, bringing with him new charters for the colony. He added to the council Captain Francis West, Captain Nathaniel Powell, John Rolfe, William Wickham, and Samuel Mac.o.c.k.[139:A] John Rolfe, who had been secretary, now lost his place, probably owing to his connivance at Argall's malepractices, and was succeeded by John Pory. He was educated at Cambridge, where he took the degree of Master of Arts, in April, 1610. It is supposed that he was a member of the House of Commons. He was much of a traveller, and was at Venice in 1613, at Amsterdam in 1617, and shortly after at Paris. By the Earl of Warwick's influence he now procured the place of Secretary for the Colony of Virginia, having come over in April, 1619, with Sir George Yeardley, who appointed him one of his council.

In June, Governor Yeardley summoned the first legislative a.s.sembly that ever met in America. It a.s.sembled at James City or Jamestown, on Friday, the 30th of July, 1619, upwards of a year before the Mayflower left England with the Pilgrims. A record of the proceedings is preserved in the London State Paper Office, in the form of a Report from the Speaker, John Pory.[139:B]

John Pory, Secretary of the Colony, was chosen Speaker, and John Twine, Clerk. The a.s.sembly sate in the choir of the church, the members of the council sitting on either side of the Governor, and the Speaker right before him, the Clerk next the Speaker, and Thomas Pierse, the Sergeant, standing at the bar.

Before commencing business, prayer was said by Mr. Bucke, the minister.

Each burgess then, as called on, took the oath of supremacy. When the name of Captain Ward was called, the Speaker objected to him as having seated himself on land without authority. Objection was also made to the burgesses appearing to represent Captain Martin's patent, because they were, by its terms, exempted from any obligation to obey the laws of the colony. Complaint was made by Opochancano, that corn had been forcibly taken from some of his people in the Chesapeake, by Ensign Harrison, commanding a shallop belonging to this Captain John Martin, "Master of the Ordinance." The Speaker read the commission for establishing the Council of State and the General a.s.sembly, and also the charter brought out by Sir Thomas Yeardley. This last was referred to several committees for examination, so that if they should find anything "not perfectly squaring with the state of the colony, or any law pressing or binding too hard," they might by pet.i.tion seek to have it redressed, "especially because this great charter is to bind us and our heirs forever." Mr.

Abraham Persey was the Cape-merchant. The price at which he was to receive tobacco, "either for commodities or upon bills," was fixed at three shillings for the best and eighteen pence for the second rate.

After inquiry the burgesses from Martin's patent were excluded, and the a.s.sembly "humbly demanded" of the Virginia Company an explanation of that clause in his patent ent.i.tling him to enjoy his lands as amply as any lord of a manor in England, adding, "the least the a.s.sembly can allege against this clause is, that it is obscure, and that it is a thing impossible for us here to know the prerogatives of all the manors in England." And they prayed that the clause in the charter guaranteeing equal liberties and immunities to grantees, might not be violated, so as to "divert out of the true course the free and public current of justice." Thus did the first a.s.sembly of Virginia insist upon the principle of the Declaration of Rights of 1776, that "no man or set of men are ent.i.tled to exclusive or separate emoluments or privileges from the community, but in consideration of public services." Certain of the instructions sent out from England were "drawn into laws" for protection of the Indians from injury, and regulating intercourse with them, and educating their children, and preparing some of the most promising boys "for the college intended for them; that from thence they may be sent to that work of conversion;" for regulating agriculture, tobacco, and sa.s.safras, then the chief merchantable commodities raised. Upon Captain Powell's pet.i.tion, "a lewd and treacherous servant of his" was sentenced to stand for four days with his ears nailed to the pillory, and be whipped each day. John Rolfe complained that Captain Martin had made unjust charges against him, and cast "some aspersion upon the present government, which is the most temperate and just that ever was in this country--too mild, indeed, for many of this colony, whom unwonted liberty hath made insolent, and not to know themselves." On the last day of the session were enacted such laws as issued "out of every man's private conceit." "It shall be free for every man to trade with the Indians, servants only excepted upon pain of whipping, unless the master will redeem it off with the payment of an angel." "No man to sell or give any of the greater hoes to the Indians, or any English dog of quality, as a mastiff, greyhound, bloodhound, land or water spaniel."

Any man selling arms or ammunition to the Indians, to be hanged so soon as the fact is proved. All ministers shall duly "read divine service, and exercise their ministerial function according to the ecclesiastical laws and orders of the Church of England, and every Sunday, in the afternoon, shall catechise such as are not ripe to come to the communion." All persons going up or down the James River were to touch at James City, "to know whether the governor will command them any service." "All persons whatsoever, upon the Sabbath days, shall frequent divine service and sermons, both forenoon and afternoon; and all such as bear arms shall bring their pieces, swords, powder, and shot."

Captain Henry Spellman, charged by Robert Poole, interpreter, with speaking ill of the governor "at Opochancano's court," was degraded from his rank of captain, and condemned to serve the colony for seven years as interpreter to the governor. Paspaheigh, embracing three hundred acres of land, was also called Argallstown, and was part of the tract appropriated to the governor. To compensate the speaker, clerk, sergeant, and provost marshal, a pound of the best tobacco was levied from every male above sixteen years of age. The a.s.sembly prayed that the treasurer, council, and company would not "take it in ill part if these laws, which we have now brought to light, do pa.s.s current, and be of force till such time as we may know their further pleasure out of England; for otherwise this people (who now at length have got their reins of former servitude into their own swindge) would, in short time, grow so insolent as they would shake off all government, and there would be no living among them." They also prayed the company to "give us power to allow or disallow of their orders of court, as his majesty hath given _them_ power to allow or reject _our_ laws." So early did it appear, that from the necessity of the case, the colony must in large part legislate for itself, and so early did a spirit of independence manifest itself. Owing to the heat of the weather, several of the burgesses fell sick, and one died, and thus the governor was obliged abruptly, on the fourth of August, to prorogue the a.s.sembly till the first of March.[142:A] There being as yet no counties laid off, the representatives were elected from the several towns, plantations, and hundreds, styled boroughs, and hence they were called burgesses.

FOOTNOTES:

[138:A] Court and Times of James the First, i. 161.

[138:B] A Welsh name.

[139:A] Mac.o.c.ks, the seat on James River, opposite to Berkley, was called after this planter, who was the first proprietor.

[139:B] This interesting doc.u.ment, discovered by Mr. Bancroft, was published by the New York Historical Society in 1857, and a number of copies were sent to Richmond by George Henry Moore, Esq., Secretary of that Society, for distribution among the members of the a.s.sembly. The attention of Virginians was first drawn to the existence of this doc.u.ment by Conway Robinson, Esq., Chairman of the Executive Committee of the Virginia Historical Society.

The number of burgesses was twenty-two. For James City, Captain William Powell, Ensign William Spense; for Charles City, Samuel Sharpe and Samuel Jordan; for the City of Henricus, Thomas Dowse, John Polentine; for Kiccowtan, Captain William Tucker, William Capp; for Martin-Brandon, Captain John Martin's Plantation, Mr. Thomas Davis, Mr. Robert Stacy; for Smythe's Hundred, Captain Thomas Graves, Mr. Walter Sh.e.l.ley; for Martin's Hundred, Mr. John Boys, John Jackson; for Argall's Gift, Mr.

Pawlett, Mr. Gourgainy; for Flowerdieu Hundred, Ensign Rossingham, Mr.

Jefferson; for Captain Lawne's Plantation, Captain Christopher Lawne, Ensign Washer; for Captain Ward's Plantation, Captain Ward, Lieutenant Gibbes.

[142:A] Proceedings of the First a.s.sembly of Virginia, in 1619.

CHAPTER XII.

1619-1621.

The New Laws--Yeardley, Governor--Affairs of the Colony-- Landing of the Pilgrims at Plymouth--Negroes Imported into Virginia--Supplies sent out from England--Wives for the Colonists--The Bishops directed to take up Collections for aid of the Colony in erecting Churches and Schools--England claims a Monopoly of Virginia Tobacco--Charitable Donations.

THUS after eleven years of suffering, peril, discord, and tyranny, intermingled with romantic adventure, bold enterprise, the dignity of danger, virtuous fort.i.tude, and generous heroism, were at length established a local legislature and a regular administration of right.

The Virginia planters expressed their grat.i.tude to the company, and begged them to reduce into a compend, with his majesty's approbation, such of the laws of England as were applicable to Virginia, with suitable additions, "because it was not fit that his subjects should be governed by any other rules than such as received their influence from him." The acts of the a.s.sembly were transmitted to England for the approval of the treasurer and company. They were thought to have been very judiciously framed, but the company's committee found them "exceeding intricate and full of labor." There was granted to the old planters an exemption from all compulsive service to the colony, with a confirmation of their estates, which were to be holden as by English subjects.

It is remarkable, that from about 1614, for some seven years, James the First had governed England without a parliament; and the Virginia Company was during this period a rallying point for the friends of civil and religious freedom, and the colony enjoyed the privilege, denied to the mother country, of holding a legislative a.s.sembly.