Before taking the matter to the courts, the King resolved to offer the Company a compromise. If they would give up the old charter, he said, a new one would be granted them, preserving all private interests, but restoring the active control of the colony to the Crown. The government was to be modelled upon the old plan of 1606, which had already given so much trouble. "His Majesty," the Company was told, "hath ... resolved by a new Charter to appoint a Governor and twelve assistants, resident here in England, unto whom shall be committed the government.... And his Majesty is pleased that there shall be resident in Virginia a Governor and twelve assistants, to be nominated by the Governor and assistants here ... whereby all matters of importance may be directed by his Majesty."[213] The Company was commanded to send its reply immediately, "his Majesty being determined, in default of such submission, to proceed for the recalling of the said former charters".[214]
A special meeting of the stockholders was called, October 30th, 1623, to consider the King's proposal. Every man present must have known that the rejection of the compromise would mean the loss of all the money he had invested in the colony, and that if the King's wishes were acceded to his interests would be preserved. But the Company was fighting for something higher than personal gain—for the maintenance of liberal institutions in America, for the defence of the rights of English citizens. After a "hot debate" they put the question to the vote, and the offer was rejected, there being "only nine hands for the delivering up of the Charters, and all the rest (being about three score more) were of a contrary opinion".[215]
As a last hope the Company resolved to seek the assistance of Parliament. A petition was drawn up to be presented to the Commons, and the shareholders that were members of that body were requested to give it their strenuous support when it came up for consideration. The petition referred to Virginia as a "child of the Kingdom, exposed as in the wilderness to extreme danger and as it were fainting and labouring for life", and it prayed the House to hear "the grievances of the Colony and Company, and grant them redress".[216] The matter was brought before the Commons in May, 1624, but before it could be considered, a message was received from the King warning them "not to trouble themselves with this petition as their doing so could produce nothing but a further increase Schisme and factions in the Company". "Ourself," he announced, "will make it our own work to settle the quiet, and wellfare of the plantations."[217] This was received with some "soft mutterings" by the Commons, but they thought it best to comply, and the Company was left to its fate.[218]
In the meanwhile the King had placed his case in the hands of Attorney-General Coventry, who had prepared a quo warranto against the Company.[219] Although all hope of retaining the charter was gone, the Sandys party were determined to fight to the end. They voted to employ attorneys and to plead their case before the King's Bench. The quo warranto came up June 26th, 1624, and "the Virginia Patent was overthrown", on a mistake in pleading.[220] With this judgment the London Company practically ceased to exist, and Virginia became a royal province.
CHAPTER III
The Expulsion of Sir John Harvey
The people of Virginia sympathized deeply with the London Company in its efforts to prevent the revocation of the charter. The Governor, the Council and the Burgesses gave active assistance to Sandys and his friends by testifying to the wisdom of the management and contradicting the calumnies of their enemies. In the midst of the controversy the Privy Council had appointed a commission which they sent to Virginia to investigate conditions there and to gather evidence against the Company. This board consisted of John Harvey, John Pory, Abraham Piersey and Samuel Matthews, men destined to play prominent rôles in Virginia history, but then described as "certayne obscure persons".[221] When the commissioners reached the colony they made known to the Assembly the King's desire to revoke the charter and to take upon himself the direction of the government. They then asked the members to subscribe to a statement expressing their gratitude for the care of the King, and willingness to consent to the contemplated change. The Assembly returned the paper unsigned. "When our consent," they said, "to the surrender of the Pattents, shalbe required, will be the most proper time to make reply: in the mean time wee conceive his Majesties intention of changing the government hath proceeded from much misinformation."[222]
After this they ignored the commissioners, and addressed themselves in direct letters and petitions to the King and the Privy Council.[223] They apprehended, they wrote, no danger from the present government, which had converted into freedom the slavery they had endured in former times.[224] They prayed that their liberal institutions might not be destroyed or the old Smith faction of the Company placed over them again.[225] These papers they sent to England by one of their number, John Pountis, even refusing to let the commissioners see them. But Pory succeeded in securing copies from the acting secretary, Edward Sharpless.[226] The Council, upon learning of this betrayal, were so incensed against the secretary that they sentenced him to "stand in the Pillory and there to have his Ears nailed to it, and cut off".[227] His punishment was modified, however, so that when he was "sett in the Pillorie", he "lost but a part of one of his eares".[228] The King, upon learning of this incident, which was represented to him "as a bloody and barbarous act", became highly incensed against the Council.[229]
In the meanwhile James had appointed a large commission, with Viscount Mandeville at its head, "to confer, consult, resolve and expedite all affaires ... of Virginia, and to take care and give order for the directing and government thereof".[230] This body met weekly at the house of Sir Thomas Smith, and immediately assumed control of the colony.[231] Their first act was to decide upon a form of government to replace the Virginia Magna Charta. In conformance with the wishes of the King they resolved to return to the plan of 1606. In their recommendations no mention was made of an Assembly. It seemed for a while that the work of Sandys was to be undone, and the seeds of liberty in Virginia destroyed almost before they had taken root. Fortunately, however, this was not to be. The commission, perhaps wishing to allay the fears of the colonists, reappointed Sir Francis Wyatt Governor, and retained most of the old Council. This made it certain that for a while at least the government was to be in the hands of men of lofty character and liberal views.[232] More fortunate still for Virginia was the death of James I. This event removed the most determined enemy of their Assembly, and placed upon the throne a man less hostile to the Sandys faction, less determined to suppress the liberal institutions of the colony.