THE ADMINISTRATION OF BERKELEY IN 1647-1648: TRADE AND EXPANSION

Following the war Virginia returned to its two great peacetime

interests--trade and expansion. In the Assembly of April 1647 Berkeley,

the Council, and the Burgesses joined in a declaration which reveals the

extent to which the colony relied on Dutch traders. It noted that

"absolute necessities" had caused earlier Assemblies to invite the Dutch

to trade with the inhabitants of Virginia, "which now for some few

yeares they have injoyed with such content, comfort and releife that

they esteeme the continuance thereof, of noe lesse consequence then as a

relative to theire being and subsistence." Rumors had been raised, the

declaration went on, that by a recent ordinance of Parliament, all

foreigners were prohibited from trading with any of the English

plantations "which wee conceive to bee the invention of some English

merchants on purpose to affright and expell the Dutch, and make way for

themselves to monopolize not onely our labours and fortunes, but even

our persons." The declaration noted the baneful effects on the colony of

the greed of the English merchants and pointed out that by ancient

charter and right the inhabitants of Virginia were allowed to trade with

any nation in amity with the King. It would be inconceivable that

Parliament would abridge this right "especially without hearing of the

parties principally interested, which infringeth noe lesse the libertye

of the Collony and a right of deare esteeme to free borne persons:

_viz._, that no lawe should bee established within the kingdome of

England concerninge us without the consent of a grand Assembly here."

But since they had heard nothing officially concerning the rumored act,

"wee can interprett noe other thing from the report, then a forgerye of

avaritious persons, whose sickle hath bin ever long in our harvest

allreadye." To provide for Virginia's subsistence the Governor, Council,

and Burgesses ordered that the right of the Dutch nation to trade with

Virginia be reiterated and preserved, and her traders given every

protection.

Virginia's other great problem, that of unregulated expansion, was dealt

with by the Grand Assembly of November 1647 in an extraordinary way. The

Governor, Council, and Burgesses ordered that persons inhabiting

Northumberland and "other remote and straying plantations on the south

side of Patomeck River, Wicokomoko, Rappahannock and Fleets Bay" be

displanted and removed. They justified this act on the basis of frequent

instructions from the King to Berkeley and the Council directing that

the planters not be allowed to scatter themselves too widely, and also

because they considered such settlement "pernicious" and "destructive"

to the peace and safety of the colony, animating the Indians to attack,

and thus imbroiling the country in troublesome and expensive wars. Since

winter was approaching, the inhabitants were allowed one year to remove

themselves to the south side of York River.

The same session of the Assembly authorized Capt. Edward Hill and others

to establish, at the head of Rappahannock River, a military and trading

outpost which was deemed valuable to the peace and safety of the colony.

Hill and his associates were to provide forty men to man the fort which

was not to exceed five acres at most, on pain of having the grant

revoked.

It was a brave and sensible policy which Berkeley and the Assembly

pursued, but one that was destined to be overridden by the power,

self-interest, and numbers of the thousands of new members of the

colony, both those being born in Virginia in ever-increasing numbers,

and those who had left behind them the civil strife of England. In less

than a year the Assembly enacted that the tract of land between the

Rappahannock and Potomac rivers should be called Northumberland and that

it should have power to elect Burgesses. The reasons of "state" that had

convinced the Assembly of November 1647 to order the utter dissolution

of the Northumberland settlements were thus thrown to the winds by the

next Assembly. No doubt the pressure of the inhabitants, would-be

inhabitants, and speculators, in addition to the difficulty of enforcing

the decision, caused the repeal of the act. The restraining hand of the

Governor was never again to be felt as it had been in the period

following the 1646 peace. The explosive growth of settlement in Virginia

had proved impossible to control.

The justification of the settlement south of the Potomac River was not

the only victory of the people in the Assembly of October 1648. Upon the

representation of the Burgesses to the Governor and Council complaining

of the worn-out lands and insufficient cattle ranges of the earlier

settlements, the Governor and Council, after long debate, joined the

Burgesses in authorizing settlement on the north side of the York and

Rappahannock rivers. The act declared, however, that "for reasons of

state to ... [the Governor and Council] appearing, importing the safety

of the people in their seating," no one was to go there before the first

of September of the following year. Surveys of the area were allowed at

once, however, and land patents were authorized to be taken out. The act

making it a felony to go to the north side of York River was repealed.

The settlers' and speculators' victory was complete. Reasons of "policy"

and "state" proved only of sufficient power to delay the inevitable.

EXECUTION OF CHARLES I AND CAPTURE OF COLONY BY PARLIAMENTARY FORCES,

1649-1652

On January 30, 1649, King Charles I was beheaded by the Parliamentary

forces. It was a logical climax to the turmoil into which English

institutions and values had been cast by the long years of civil war

that preceded the deed. The execution of the King shocked Englishmen as

well as foreigners. The reaction of the Virginians came in the form of

Act I of the Assembly of October 1649 which hailed "the late most

excellent and now undoubtedly sainted king," denounced the perpetrators

of the deed, and declared that if any person in the colony should defend

"the late traiterous proceedings ... under any notion of law and

justice" by words or speeches, such person should be adjudged an

accessory _post factum_ to the death of the King. Anyone who expressed

doubt, by words and speeches, as to the inherent right of Charles II to

succeed his father as King of England and Virginia, was likewise to be

adjudged guilty of high treason.

The death of Charles I left the Parliamentary forces supreme in England.

Some royalists retired to the continent of Europe, and some came to

Virginia. England became a Commonwealth without a King; Oliver Cromwell

was later named Protector. The new government, after consolidating its

power in England, attempted to extend its control over the colonies,

some of which, like Virginia, continued to demonstrate their loyalty to

royal authority. On October 3, 1650, Parliament, as a punitive measure,

prohibited the trade of the colonies with foreign nations except as the

Parliamentary government should allow. "This succession to the exercise

of the kingly authority," wrote Jefferson later, "gave the first colour

for parliamentary interference with the colonies, and produced that

fatal precedent which they continued to follow after they had retired,

in other respects, within their proper functions."

The reaction of the Virginia Burgesses to this act was as violent as

their reaction to the beheading of Charles I. Their temper on both

occasions owed much to the eloquence of their Governor, and to the

admiration in which he was held by the people. In March 1651 they met to

consider the Parliamentary threat to their beliefs and to their

livelihood. Sir William Berkeley spoke to them on the subject of

Parliament's claim to speak for the English nation. Said the Governor:

If the whole current of their reasoning were not as ridiculous, as

their actions have been tyrannicall and bloudy, we might wonder with

what browes they could sustaine such impertinent assertions: For if

you looke into it, the strength of their argument runs onely thus:

we have laid violent hands on your land-lord, possessed his manner

house where you used to pay your rents, therfore now tender your

respects to the same house you once reverenced.... They talke indeed

of money laid out on this country in its infancy: I will not say how

little, nor how centuply repaid, but will onely aske, was it

theirs?... Surely Gentlemen we are more slaves by nature, then their

power can make us if we suffer our selves to be shaken with these

paper bulletts, and those on my life are the heaviest they either

can or will send us.

Berkeley was confident that if Virginia put up a determined resistance,

the new English rulers would beg the colony to trade with them. He

compared the state of England with the state of Virginia, to the

disadvantage of the former. The Parliamentary government of England, he

asserted, did not represent the will of the people who would not endure

their "slavery, if the sword at their throats did not compell them to

languish under the misery they howrely suffer." As for Virginia, "there

is not here an arbitrary hand that dares to touch the substance of

either poore or rich." Berkeley called on the Burgesses to support his

stand against the act, asking:

What is it can be hoped for in a change, which we have not allready?

Is it liberty? The sun looks not on a people more free then we are

from all oppression. Is it wealth? Hundreds of examples shew us that

industry and thrift in a short time may bring us to as high a degree

of it, as the country and our conditions are yet capable of: Is it

securely to enjoy this wealth when gotten? With out blushing I will

speake it, I am confident theare lives not that person can accuse me

of attempting the least act against any mans property. Is it peace?

The Indians, God be blessed round about us are subdued; we can onely

feare the Londoners, who would faine bring us to the same poverty,

wherein the Dutch found and relieved us; would take away the liberty

of our consciences, and tongues, and our right of giving and selling

our goods to whom we please. But Gentlemen by the Grace of God we

will not so tamely part with our King, and all these blessings we

enjoy under him; and if they oppose us, do but follow me, I will

either lead you to victory, or loose a life which I cannot more

gloriously sacrifice then for my loyalty, and your security.

The speech being ended the House of Burgesses, unanimously with the

Governor and Council, agreed to reject the Parliamentary act of October

3, 1650, as illegal, and to continue in allegiance to King Charles II,

always praying for his restoration to the throne and for the repentance

of those who, "to the hazard of their soules" opposed him. The Assembly

proclaimed that they would continue to trade freely with all persons of

whatever nation who came to trade with them, not excluding the

Londoners.

This assertion of Virginia's traditional freedom and rights was, of

course, a direct challenge to the Parliamentary government. In the fall

of 1651 that government determined to chastise the rebellious colony and

subject it by force. A fleet was dispatched in October to conquer

Virginia and Barbados, another rebellious colony. Robert Dennis, Richard

Bennett, Thomas Stegge, and William Claiborne were chosen commissioners

to take over the government of Virginia once it had been conquered.

Bennett and Claiborne were living in Virginia at the time.

Part of the fleet arrived in Virginia waters in January 1652. Berkeley

called upon the people to prepare for resistance. One thousand troops,

it is said, gathered in James City for the purpose. Five hundred Indian

allies of the colony promised their aid. Berkeley denounced the leaders

of the Parliamentary expedition as bloody tyrants, pirates, and robbers.

He warned the Virginians that, if they did not repel the attack, their

land titles would be thrown into doubt and they would be brought under a

company of merchants who would order them at their pleasure and keep

them from trade with all others. To counteract the Governor's influence,

the Parliamentary commissioners circulated letters and declarations

throughout the country denying any such evil intentions. Finally, on

January 19, they sent a summons to the Governor and Council to

surrender, and set sail from the lower reaches of the James to

Jamestown. A milder answer than expected was returned, setting forth

various demands and privileges desired by the Virginians.

The commissioners' reply to these proposals was favorable enough to

cause Berkeley to call an Assembly, and negotiations were entered into

between the Governor, Council, and Burgesses on the one hand, and the

Parliamentary commissioners on the other. Articles of submission were

agreed upon which were honorable to both sides, Virginia receiving

guarantees of the privileges of freeborn people of England, authority

for the Grand Assembly to continue to function, guarantees of immunity

for acts or words done or spoken in opposition to Parliament, guarantees

of the bounds of Virginia, of the fifty-acre headright privilege, and of

the right to "free trade as the people of England do enjoy to all places

and with all nations according to the lawes of that commonwealth."

Special provisions were made which allowed the Governor and Council to

refrain from taking any oath to the Commonwealth for one year and

guaranteed them for one year from censure for speaking well of the King

in their private houses. Berkeley and the Council were given leave to

sell their estates and quit Virginia, either for England or Holland. No

penalties were to be imposed on those who had served the King.

The commissioners of Parliament considered that they had been lucky to

reduce the colony without bloodshed, even though forced to agree to such

mild terms. At the same time the event suggests that the bitterness

which existed in England between Roundheads and Cavaliers was not quite

so extreme in the colonies, where little blood had been shed for the

cause of either. The colonies had interests of their own which ran

counter to those of the mother country, whether in the hands of King or

Parliament. Governor, Council, and Burgesses in Virginia were closer to

each other economically and politically than they were to their

respective counterparts in England. What held the colonies to the mother

country was not self-interest but ties of historical tradition and

racial patriotism. The execution of Charles I and seizure of the colony

by the Parliamentary fleet loosened these ties. The Crown, symbol of

continuity with past ages of English subjects and of unity among all the

King's realms, was now not only removed but denounced by those who had

done the deed.

Virginia never showed sympathy for those who had killed the King, and

the Assembly took to heart Governor Berkeley's warning of 1651 that the

blood of Charles I "will yet staine your garments if you willingly

submit to those murtherers hands that shed it." It is true that

following the surrender the Parliamentary commissioners agreed with the

representatives of the people on a provisional government for Virginia,

but the bonds that held Virginia to England had lost much of the cement

of love and tradition. Local and self-interest were now to dominate to a

great extent Virginia's actions. Such motives had always been latent,

and indeed active. But under royal government, the Governor could often

exert a countervailing force to prevent such interests from overriding

the interests of nation and morality.

Under the terms of the settlement the Grand Assembly was to continue to

function, and the Assembly and commissioners agreed that Richard

Bennett, one of the commissioners, should act as Governor for a year. It

was expected that orders would shortly arrive from England establishing

new patterns of government. Such instructions were especially necessary

to determine the role and authority of the Governor and Council,

formerly appointed by the King. The new rulers in England were made

aware of the need for a new policy for the colonies, but they never

found time to make the necessary decisions. At intervals the colonists

were informed that Cromwell had not forgotten them and that His Highness

would soon let them know his pleasure. But instructions never came

except spasmodically and inadequately. The merchants who stood to gain

from the Navigation Act of 1651, which generally excluded foreign ships

from the colonies and attempted to restrain colonial trade with foreign

countries, complained at the failure of the colonists to obey the act

and demanded that orders be sent to enforce it, but no adequate

provisions were ever made.

Thus the colony was left to its own devices during the period. Virginia

traders paid little attention to Parliamentary restrictions on their

commerce. They insisted that the provision of the Articles of Surrender

allowing them free trade with all nations according to the laws of the

Commonwealth did not prevent them from trading with foreigners. They

argued that since the first article of the surrender agreement

guaranteed them the rights of freeborn Englishmen, an act discriminating

against them in matters of trade because they happened to live in the

colonies was illegal. Dutch ships called often, though perhaps not so

frequently as some have believed, and individual Virginians traded as

they pleased with the Dutch and English colonies in America.

Virginia Under Charles I And Cromwell, 1625-1660 · 第 13 / 20 题