Virginia under the Stuarts 1607-1688

by Thomas Jefferson Wertenbaker

In the meanwhile an act was prepared making some important changes in the constitution, but confirming the power of the Burgesses. It was proposed, first, that Colonel Matthews "bee the Governour and Captain Gennerall of Virginia for two yeares ensueing, and then the Grand Assembly to elect a Governour as they think fitt, the person elect being then one of the Councell". The personnel of the Council was to remain unchanged and for the future its members were to serve for life, "except in case of high misdemanors". Lastly the Governor was to have the privilege of nominating the Councillors, but the Burgesses could confirm or reject at their discretion.[373] The Council at first assented to these proposals, "till the pleasure of his Highness be further signified", but later, it seems, they "expressly declined the said act", and declared the Assembly dissolved.[374] Whether or not the Burgesses submitted to this dissolution and left the Governor and Council to govern the colony as they chose, does not appear. It is quite probable that the executive, in the interval between the sessions of Assembly of March 1659 and March 1660, based its right to rule, not upon the commission of the Burgesses, but upon the authority given it in Lawrence's letter.

In May, 1659, Richard Cromwell resigned the reigns of government, and England was left a prey to confusion and uncertainty. The Virginians did not know to what government to give their allegiance. None could tell whether military despotism would be established in England, or another Cromwell would arise, or the House of Stuart be restored. To add to their troubles, in January, 1660, Colonel Matthews died, leaving them without a Governor. March 13th, the Assembly convened.

The Burgesses at once took steps to reëstablish their questioned prerogatives. An act was passed declaring that "whereas by reason of the late frequent distractions there being in England noe resident absolute and gen'll confessed power; Be it enacted and confirmed, That the supreame power of the government of this country should be resident in the Assembly, And that all writts issue in the name of the Grand Assembly of Virginia, until such a comand and comission come out of England as shall be by the Assembly adjudged lawfull".[375]

Their next care was to elect a new Governor. Strangely enough their choice fell upon that staunch advocate of royalty, Sir William Berkeley. When the surrender had been made to the parliamentary commissioners in 1652, the Governor had secured for himself the right to quit the colony any time within the ensuing year. But circumstances had prevented his sailing during this period, and later he resolved to remain in Virginia. During the eight years of the Commonwealth period he had lived in retirement, obedient to the new government, but longing for the restoration of the Stuarts. Why he was now called forth by the Assembly to take once more the most important office in Virginia, cannot be certainly determined. It seems strange that the Burgesses in one act should assert their own sovereignty in the most emphatic terms, and in the next elect as their Governor this ardent servant of the Crown. If it had been their only aim to choose a leader of executive ability, they did not lack men of power and experience whose love of popular government was unquestioned. Berkeley had in his first administration ruled justly and well, but there is no reason to think that Virginia had been more prosperous and happy under him than under the Commonwealth Governors. It seems then most probable that the Assembly was actuated in its choice by an apprehension that the monarchy might be restored. If the English should invite Charles to reclaim his lost inheritance, it would be of much advantage to the colony to have at its head the former royal Governor. It would make the restoration in Virginia easy and peaceful, for the staunchest republican would not dare resist, with Charles II on his throne and Sir William Berkeley ruling at Jamestown. Moreover, it could but please the King and recommend the colony to his favor. On the other hand, the Assembly was careful to reserve all real authority to itself. Sir William was to be its servant, not its master. If, out of the confusion in England, should emerge a real republic, they could force the Governor either to acknowledge the new power or to resign his commission. In fact the office was at first proffered him only upon condition that he would submit to any power, whatever it might be, that succeeded in fixing itself over the English people.[376]

But to this requirement Berkeley would by no means consent. He was willing, during the present interregnum, to hold office from the people of Virginia, but never from any English power save that of the Crown. In an address to the Assembly, outlining his conduct during the troubles of the past eleven years, he made it quite clear that his sympathies had undergone no change. "When I came first into this Countrie," he said, "I had the Commicon and Commands of my most gracious master King Charles of ever blessed memory.... When God's wrath lay heavie upon us for the sins of our nation, my ever honoured Master was put to a violent death, and immeadiately after his Royall Sonne ... sent me a Commicon to governe here under him.... But the Parliament, after the defeat at Worcester, (by the instigation of some other intent) sent a small power to force my submission to them, which finding me defenceless, was quietly (God pardon me) effected. But this parliament continued not long after this, but another supream power outed them, whoe remained not long neither, nor his sonne after him.... And now my intelligence is not enough to tell me what incorporate, mixt, or individuall power there is.... Under all these mutable governments of divers natures and constitutions, I have lived most resigningly submissive: But, Mr. Speaker, it is one duty to live obedient to a government, and another of a very different nature to Command under it.... You have, Mr. Speaker, with great wisdome and providence taken care of my obedient prostrating to the Supreame power the authoritie you would entrust me with, for which I give you my humble thanks; for this wisdome of yours hath animated my caution of assumeing this burden, which is so volatile, slippery and heavy, that I may justly feare it will breake my Limbs." It might be thought by some, he said, that the emergency would excuse his accepting this authority, but the King would judge him, and if his information were prejudiced, his punishment might be severe. He did not fear death, he was too old for that, but an imprudent, criminal death he abhorred. In conclusion he declared that these and other considerations must dissuade him from accepting the proffered office.

But the Assembly persisted in its determination to make him Governor. If he scrupled to promise to serve under the enemies of the Crown, that promise would not be required of him. Let him be Governor of Virginia, by their authority only, and only so long as the confusion in England continued. If a new Protector, or a new Commonwealth gained the ascendency, and demanded Virginia's submission, he might resign. If England returned to its obedience to the Throne, he could petition the King for a new commission. To this Berkeley assented. "Wee have all," he said, in another short address, "had great and pressing feares of offending a Supreame power which neither by present possession is soe, nor has a publiquely confessed politique capacity to be a Supream power. I alsoe, Mr. Speaker, have my pressing feares too, and I am seriously afraid to offend him, who by all Englishmen is confessed to be in a naturall politique capacity of being a Supreame power." He therefore, he said, made this declaration in the presence of God, that if any government became fixed in London, he would immediately lay down his commission. When this was recorded and they were still of the same mind, he was ready most thankfully to serve them.[377]

Thus did Sir William Berkeley a second time become Governor of Virginia. It must have been with trepidation that this man, who had so often denied the right of any officer to serve save by the King's commands, accepted now this commission from the hands of the people. The stern hater of republicanism was becoming the head of an independent little republic. For such Virginia was and must continue to be until there should appear in England some fixed government to which it could submit. "I am," Berkeley wrote Governor Stuyvesant of New Amsterdam, "but a servant of the assembly's; neither do they arrogate any power to themselves, further than the miserable distractions of England force them to. For when God shall be pleased in his mercy to take away and dissipate the unnatural diversions of their native country, they will immediately return to their own professed obedience."[378]

The restoration of the monarchy took place May 29th, 1660. When the news reached Virginia some weeks later, the people accepted the change without opposition, and probably with relief, for they were weary of uncertainty and confusion. Berkeley's unaffected joy was mingled with a deep apprehension that the King might be angered at his accepting office without his consent. But Charles was not so unmindful of his staunch support at a time when the fortunes of the monarchy were at their lowest ebb as to reproach him for this act, which might, and probably did, redound to his advantage. He soon relieved the Governor's fears by sending a new commission. In a passion of joy and gratitude Berkeley wrote his thanks. "I ... doe most humbly throwe myselfe at your Ma'ties feet," he said, "in a dutifull thankfullness to your Majestie, that you yett think me worthy of your Royall Commands. It is true, ... I did something, which if misrepresented to your Majestie, may cause your Majestie to think me guilty of a weakness I should ever abhor myself for. But it was noe more ... than to leape over the fold to save your Majesties flock, when your Majesties enemies of that fold had barred up the lawfull entrance into it, and enclosed the Wolves of Scisme and rebellion ready to devour all within it. Nor did I adventure on this, without the advice and impulsion of your Majesties best Subjects in these parts.... I always in all conditions had more fear of your Majesties ffrownes than the Swords or Tortures of your Enemies."[379]

And so the Commonwealth period in Virginia came to an end. The colony had benefited greatly by the eight years of semi-independence and self-government. The population had increased rapidly. In 1649, there had been about 15,000 people in Virginia, while six years after the Restoration, the Governor estimated their number at 40,000. This great gain was due chiefly to accelerated immigration from England. The overthrow and execution of the King had sent many of his followers to seek shelter with Sir William Berkeley, others had come to escape the confusion and horrors of civil war, while the numerous prisoners taken in battle had furnished abundant material for the never-ending stream of indentured servants. Gentleman and tradesman and laborer alike were welcome, for land was abundant and the colony's only need was men. Nor was prosperity yet strangled by the strict enforcement of the Navigation Acts. Dutch vessels continued to sail through the capes in defiance of England and to carry off the planters' tobacco. Not until the closing years of the Commonwealth period did the increasing freight rates and the decreasing price of tobacco indicate that the "Hollanders" were being more strictly excluded.[380]

Equally important was the training received by the people in self-government. For eight years they had been their own masters, enacting such laws as they chose, and free from the restraining hand of the King. There had been no royal Governor to veto their bills, or threaten the Burgesses, or intimidate the voters, or overawe the Council, or sway the courts of justice. And the experience was priceless. It schooled them in governmental affairs and taught them self-reliance, patience and stubbornness to oppose oppression. Having tasted the sweets of freedom, they were ill prepared ever again to tolerate injustice and misgovernment. If there had been no Commonwealth period in Virginia, possibly there had never been a Bacon's Rebellion.