[276] Hen., Vol. I, p. 223.

[277] Bruce, Inst. Hist., Vol. II, p. 324.

[278] Hen., Vol. I, p. 264.

[279] Burk, Vol. II, pp. 28, 29.

[280] Hen., Vol. I, p. 124.

[281] P. R. O., CO1-8.

[282] P. R. O., CO1-8.

[283] P. R. O., CO1-8.

[284] P. R. O., CO1-8-63.

[285] P. R. O., CO1-8.

[286] P. R. O., CO1-8.

[287] P. R. O., CO1-8.

[288] P. R. O., CO1-8-48.

[289] P. R. O., CO1-8-61.

[290] P. R. O., CO1-8-62.

[291] P. R. O., CO1-8-61.

[292] Report of Com. on Hist. Mans. 3.

[293] P. R. O., CO1-10-14.

[294] P. R. O., CO1-9-121.

[295] P. R. O., CO1-9-121.

[296] P. R. O., CO1-10-6.

[297] P. R. O., CO1-10-6.

[298] Fiske, Old Va., Vol. I, p. 295.

[299] P. R. O., CO1-10-32.

[300] P. R. O., CO1-10-73.

[301] P. R. O., CO1-10-10.

[302] P. R. O., CO1-10-10.

[303] P. R. O., CO1-10-15.

[304] P. R. O., CO1-10-5.

[305] P. R. O., CO1-10-3.

[306] P. R. O., CO1-10-43.

[307] P. R. O., CO1-10-26, 32.

[308] P. R. O., CO1-10-61.

[309] P. R. O., CO1-10-67.

[310] P. R. O., CO1-10-64. 1.

[311] P. R. O., CO1-10-64.

[312] Report of Com. on Hist. Man., 3.

[313] Report of Com. on Hist. Man., 3.

CHAPTER IV

GOVERNOR BERKELEY AND THE COMMONWEALTH

Sir William Berkeley, who succeeded Governor Wyatt in 1642, is one of the striking figures of American colonial history. Impulsive, brave, dogmatic, unrelenting, his every action is full of interest. He early displayed a pa.s.sionate devotion to the house of Stuart, which remained unshaken amid the overthrow of the monarchy and the triumph of its enemies. When the British Commons had brought the unhappy King to the block, Berkeley denounced them as lawless tyrants and pledged his allegiance to Charles II. And when the Commonwealth sent ships and men to subdue the stubborn Governor, they found him ready, with his raw colonial militia, to fight for the prince that England had repudiated.

Throughout his life his chief wish was to win the approbation of the King, his greatest dread to incur his censure.

Berkeley did not know fear. When, in 1644, the savages came murdering through the colony, it was he that led the planters into the forests to seek revenge. In 1666, when a Dutch fleet sailed into the James and captured a number of English vessels, the Governor wished to sally out in person with a few merchantmen to punish their temerity.

He possessed many of the graces of the courtier, and seems to have charmed, when he so desired, those with whom he came in contact. His friends are most extravagant in his praises, and their letters refer to him as the model soldier, statesman and gentleman.

The overthrow of Sir Francis Wyatt was a severe blow to the enemies of the old Harvey faction. Anthony Panton entered a protest against the change of administration, claiming that it had been brought about by surrept.i.tious means and that no just complaint could be made against Governor Wyatt.[314] At his pet.i.tion Berkeley was ordered to postpone his departure for Virginia until the matter could be investigated further. Upon signing an agreement, however, to protect the interests of Wyatt and his friends, he was allowed to sail and reached the colony in 1642.

The new Governor soon showed that he had no intention of persecuting Harvey's enemies, or of continuing the bitter quarrels of the preceding administrations. In his first Council we find Samuel Matthews, William Pierce and George Minifie, all of whom had been implicated in the "thrusting out".[315] Whether proceeding under directions from the English government, or actuated by a desire to rule legally and justly, he conferred a priceless blessing upon the colony by refusing to use the judiciary for political persecution. So far as we can tell there was no case, during his first administration, in which the courts were prost.i.tuted to personal or party ends. Thomas Ludwell afterwards declared that it was a convincing evidence of Berkeley's prudence and justice that after the surrender to the Commonwealth, when his enemies might easily have hounded him to his ruin, "there was not one man that either publickly or privately charged him with injustice".[316] In March, 1643, he affixed his signature to a law allowing appeals from the Quarter Courts to the a.s.sembly. This right, which seems not to have been acknowledged by Sir John Harvey, was of the very highest importance. It gave to the middle cla.s.s a share in the administration of justice and afforded an effectual check upon the abuse of the courts by the Governor and Council.

Berkeley greatly endeared himself to the poor planters by securing the abolition of a poll tax that contributed to the payment of his own salary.[317] "This," the a.s.sembly declared, "is a benefit descending unto us and our posterity which we acknowledge contributed to us by our present Governor."[318] Berkeley also made an earnest effort to relieve the burden of the poor by subst.i.tuting for the levy upon t.i.thables "a.s.sessments proportioning in some measure payments according to mens abilities and estates" But the colonial legislators soon found a just distribution of the taxes a matter of great difficulty, and we are told that the new measures, "through the strangeness thereof could not but require much time of controverting and debating".[319] In 1648 the experiment was abandoned and the old oppressive tax upon t.i.thables revived.[320]

During the first administration of Berkeley numerous other measures were adopted tending to augment the liberty and prosperity of the people. In 1643 a law was pa.s.sed prohibiting the Governor and Council from imposing taxes without the consent of the a.s.sembly.[321] At the same session Berkeley a.s.sented to a statute exempting the Burgesses from arrest during sessions of a.s.sembly and for ten days after dissolution.[322] The fees of the Secretary of State were limited and fixed in order to prevent excessive and unjust charges by that officer.[323]

That the colonists were not insensible of the Governor's liberal conduct is shown by their generosity to him on more than one occasion. In 1642 they presented him with an "orchard with two houses belonging to the collony ... as a free and voluntary gift in consideration of many worthy favours manifested towards the collony".[324] In 1643, when the war in England caused the suspension of Berkeley's pensions and allowances from the King, the a.s.sembly voted a tax of two shillings per poll on all t.i.thable persons as a temporary relief.[325]