The Seventh Article was, "That the people of Virginia have free trade, as the people of England do enjoy, to all places and with all nations, according to the laws of that commonwealth; and that Virginia shall enjoy all privileges equal with any English plantations in America." The latter clause was referred to the same committee.

The Eighth Article was, "That Virginia shall be free from all taxes, customs, and impositions, whatsoever, and none to be imposed on them without consent of the grand assembly, and so that neither forts nor castles be erected, or garrisons maintained, without their consent." This was also referred to the navy committee, together with several papers relative to the disputes between Virginia and Maryland. The committee made a report in December, which seems merely confined to the Fourth Article, relative to the question of boundary and the contest with Lord Baltimore. In the ensuing July the Long Parliament was dissolved.*

The articles of surrender were subscribed by Richard Bennet, William Clayborne, and Edmund Curtis, commissioners in behalf of the Parliament. Bennet, a merchant and Roundhead, driven from Virginia by the persecution of Sir William Berkley's administration, had taken refuge in Maryland. Having gone thence to England, his Puritanical principles and his knowledge of the colonies of Virginia and Maryland, had recommended him for the place of commissioner. Clayborne, too, who had formerly been obliged to fly to England, and whose office of treasurer of Virginia Sir William Berkley had held to be forfeited by delinquency, and which the fugitive Charles had bestowed on Colonel Norwood-this impetuous and indomitable Clayborne was another of

"Virginia and Maryland," Force's Hist. Tracts, ii. 20, in note. Mr. Force, whose researches have brought to light such a magazine of curious and instructive historical materials, appears to have been the first to mention the non-ratification of some of the articles of surrender. He says: "Three of the articles were not confirmed," and therefore did not receive the last formal and final and definitive ratification which Burk [Hist. of Va., ii. 92,] supposes they did. But it appears that Burk referred only to the ratification by the parties at Jamestown, and had no reference to the ulterior confirmation by the Parliament.

the commissioners sent to reduce the colonies within the Chesapeake Bay.

A new era was now opening in these two colonies; and the prominent parts which Bennet and Clayborne were destined to perform in this novel scene, exhibit a signal example of the vicissitudes of human fortune. The drama that was enacted in the mother country was repeated on a miniature theatre in the colonies.

CHAPTER XXIV.

1652-1656.

Bennet and Clayborne reduce Maryland-Cromwell's Letter-Provisional Government organized in Virginia-Bennet made Governor-William Clayborne Secretary of State-The Assembly-Counties represented-Cromwell dissolves the Long Parliament, and becomes Lord Protector-Sir William Berkley Francis Yeardley's Letter to John Ferrar-Discovery in CarolinaRoanoke Indians visit Yeardley-He purchases a large Territory—William Hatcher-Stone, Deputy Governor of Maryland, defies the Authority of the Commissioners Bennet and Clayborne-They seize the Government and entrust it to Commissioners-Battle ensues-The Adherents of Baltimore defeatedSeveral prisoners executed-Cromwell's Letters-The Protestants attack the Papists on the Birth-day of St. Ignatius.

Not long after the surrender of the Ancient Dominion of Virginia, Bennet and Clayborne, commissioners, embarking in the Guinea frigate, proceeded to reduce Maryland. After effecting a reduction of the infant province, they, with singular moderation, agreed to a compromise with those who held the proprietary government under Lord Baltimore. Stone, the governor, and the council, part of them Papists, none well affected to the Commonwealth of England, were allowed, until further instructions should be received, to retain their places, on condition of issuing all writs in the name of the Keepers of the Liberty of England.* Sir William Berkley, upon the surrender of the colony, betook himself into retirement in Virginia, where he remained free from molestation; and his house continued to be a hospitable place of resort for refugee cavaliers. There was, no doubt, before the surrender, a considerable party in Virginia, who either secretly or openly sympathized with the parliamentary party in England; and upon the reduction of the colony these adherents of the Commonwealth found their influence much augmented.

* “Virginia and Maryland," 11, 34; Force's Hist. Tracts, ii.; Chalmers' Annals, 221.

On the 30th of April, 1652, Bennet and Clayborne, commissioners, together with the burgesses of Virginia, organized a provisional government, subject to the control of the Commonwealth of England. Richard Bennet, who had been member of the council in 1646, nephew of an eminent London merchant largely engaged in the Virginia trade,* was made governor, April 30, 1652; and William Clayborne, secretary of state for the colony. The council appointed consisted of Captain John West, Colonel Samuel Matthews, Colonel Nathaniel Littleton, Colonel Argal Yeardley, Colonel Thomas Pettus, Colonel Humphrey Higginson, Colonel George Ludlow, Colonel William Barnett,† Captain Bridges Freeman, Captain Thomas Harwood, Major William Taylor, Captain Francis Eppes, and Lieutenant-Colonel John Cheesman. The governor, secretary, and council were to have such power and authorities to act from time to time as should be appointed and granted by the grand assembly. The government of the mother country was entitled "the States," as the United States are now styled in Canada. The act organizing the provisional government concludes with: "God save the Commonwealth of England, and this country of Virginia." The governor and councillors were allowed to be, ex-officio, members of the assembly. On the fifth day of May, this body, while claiming the right to appoint all officers for the colony, yet for the present, in token of their implicit confidence in the commissioners, referred all the appointments not already made to the governor and them. The administration of Virginia was now, for the first time, Puritan and Republican. The act authorizing the governor and council to appoint the colonial officers was renewed in the following year. The oath administered to the burgesses was: "You and every of you shall swear upon the holy Evangelist, and in the sight of God, to deliver your opinions faithfully and honestly, according to your best understanding and conscience, for the general good and prosperity of the country, and every particular member thereof, and to do your utmost endeavor to prosecute that without mingling with it any particular interest of any person or persons whatsoever."

*Stith's Hist. of Va., 199.

† Properly Bernard: see Hening, i. 408. Hening, i. 372.

The governor and members of the council were declared to be entitled to seats in the assembly, and were required to take the same oath. This assembly, which met on the 26th of April, 1652, appears to have sat about ten days. There were thirty-five burgesses present from twelve counties, namely: Henrico, Charles City, James City, Isle of Wight, Nansemond, (originally called Nansimum,) Lower Norfolk, Elizabeth City, Warwick, York, Northampton, Northumberland, and Gloucester-Lancaster not being represented.* Rappahannock County was formed from the upper part of Lancaster in 1656.

At the commencement of the ensuing session of the assembly, which met in October, 1652, Mr. John Hammond, returned a burgess from Isle of Wight County, was expelled from the assembly as being notoriously a scandalous person, and a frequent disturber of the peace of the country by libel and other illegal practices. He had passed nineteen years in Virginia, and now retired to Maryland; he was the author of the pamphlet entitled "Leah and Rachel." Mr. James Pyland, another burgess, returned from the same county, was expelled, and committed to answer such charges as should be brought against him as an abettor of Mr. Thomas Woodward, in his mutinous and rebellious declaration, and concerning his the said Mr. Pyland's blasphemous catechism. These offenders appear to have been of the royalist party.

In the year 1653 there were fourteen counties in Virginia, Surry being now mentioned for the first time, and the number of burgesses was thirty-four. The people living on the borders of the Appomattox River were authorized to hold courts,

Gloucester and Lancaster Counties are now named for the first time; when or how they were formed, does not appear. Sir William Berkley was of Gloucestershire, England. The name of Warrasqueake was changed to Isle of Wight in 1637, and first represented in 1642. In that year Charles River was changed to York, and Warwick River to Warwick. The boundaries of Upper and Lower Norfolk were fixed in 1642; and Upper Norfolk was changed to Nansimum (afterwards Nansemond) in 1646. Northumberland is first mentioned in 1645; Westmoreland in 1653; Surry, Gloucester, and Lancaster in 1652. New Kent was first represented in 1654, being taken from the upper part of York County. (McSherry's Hist. of Maryland.)

Force's Hist. Tracts, iii.