Act XX. [Disabling Lt. Col. Edward Hill and Lieut. John Stith. from

bearing any office, civil or military, because these men had "bin the greatest instruments ... of raiseing, promoteing, and stirring up the late differences and misunderstandings ... between the honorable governour and his majesties good and loyal subjects," Beacon's party.]

107. Bacon's Proclamation, July 30, 1676

_Massachusetts Historical Society Collections_, Fourth Series, IX, 184-187.

The closing paragraphs (here given) follow some two pages of specific charges of misgovernment against Governor Berkeley and certain of "his wicked and pernicious counsellors, confederates, aides and associates against the Comonality."

_The Declaracion of the People_

... And we doe further demand that the said Sir William Berkeley with all the persons in this list be forthwith delivered up or surrender themselves within fower days after the notice hereof, Or otherwise we declare as followeth.

That in whatsoever place, howse, or ship, any of the said persons shall reside, be hidd, or protected, we declaire the owners, Masters or inhabitants of said places, to be confederates and =trayters to the people=; and the estates of them as alsoe of all the aforesaid persons to be confiscated, and this we the =Commons of Virginia=, doe declare, desiering a firme union amongst ourselves that we may joyntly and with one accord defend ourselves against the common Enimy, and lett not the faults of the guilty be the reproach of the inocent, or the faults or crimes of the oppressors devide and separate us who have suffered by theire oppressions.

These are therefore in his majesties name to command you forthwith to seize the persons above mencioned as Trayters to the King and Country and them to bring to Midle plantacon, and there to secure them untill further order, and in case of opposicion, if you want any further assistance you are forthwith to demand itt in the name of the people in all the Counties of Virginia.

Nath. Bacon.

Genll by Consent of the people.

108. Testimony of Political Discontent as a Cause of Bacon's Rebellion

_Virginia Historical Magazine_, II, 166-173, 289-292.

When Bacon's Rebellion had been crushed, royal commissioners arrived in the colony, with instructions to inform themselves "of all grievances." The commissioners met the inhabitants at various County Courts, and took down their complaints in writing. These complaints show some of the real causes of Bacon's Rebellion. Of course, to these royal commissioners the people as a rule would say little of infringements upon political liberty (because commissioners from Charles II could not be expected to have any sympathy with such complaints), and they _would_ say much about misgovernment and economic oppression. The following extracts from the commissioners' records are selected to show that complaints regarding political oppression did find voice, even under such conditions. These entries might be greatly extended.

(1) _Gloster County_

4. That severall grievances being presented to the June Assembly [1676] upon which many good Lawes were consented to by that Assembly [No. 106] ... they Beg those good and wholesome Lawes may be confirmed.

(2) _Lower Norfolk County_

5. Request for Liberty to Transport their Tobacco to any of his majesties Plantations without paying the Impost payable by Act of Parliament. [This request the commissioners declare "wholly mutinous."]

(3) _Surry County_

1. That the last Assembly continued many yeares....

10. That it has been the custome of County Courts att the laying of the levy to withdraw into a private Roome,--by which meanes the poore people, not knowing for what they paid, did admire how their taxes could be so high.

12. That, contrary to the lawes of England and this Country, high sheriffs have usually continued two years, and under sheriffs 3 or 4 years together: wee humbly pray that for the future no person may continue sheriffe above one yeare.

14. That we have not had liberty to choose vestrymen: wee humbly desire that the wholle parish may have a free election.

15. That since his most gracious Majesty hath been most mercifully pleased to pardon our late disloyalty, wee most earnestly and humbly pray that this present grand assembly would make an Act of Oblivion,--that no person may be injured by the provoking names of Rebell, Traitor and Rogue.

(4) _Northampton County_

2. That we may have Liberty grannted us to choose a new vestery, and that every three years a new vestery may be chosen.

6. That it may be graunted us to make a free choyse of six housekeepers without Interposing of any Ruling Magistratre [to sit with the Justices of the County as a Board to assess taxes], to prevent oppressions ... as we humbly suspect ... to have Received heretofore.

15. That no Sheriff may officiate two years together.

(5) _Isle of Wight_

14. We desire wee may have libertie to chuse our Vestries once in three yeares, and that their may noe member of the Court [County Justices] be therein.

109. Abolition of Bacon's Reforms for Virginia

_a. The King's Orders_

_Additional instructions [from King Charles II] for our trusty and well beloved_ Sir William Berkeley, Knt. _our governor of our colony of Virginia, November 13, 1676_

Hening's _Statutes_, II, 424 ff.

* * * * *

2. You shall take care that the members of the assembly be elected only by _ffreeholders_, as being more agreeable to the custome of England, to which you are as nigh as conveniently you can to conforme yourselfe.

* * * * *

6. You shall declare voyd and null all the proceedings of the late assembly ... ["Bacon's Assembly"].

_b. Repeal by the Assembly, February, 1676/1677_

Hening's _Statutes at Large_, II, 380.

* * * * *

=Whereas= Nathaniell Bacon ... in the month of June, 1676 ... did enter James Citty in a rebellious manner with a considerable number of armed men ... environing and beseigeing the governour and councell and burgesses ... threatening them with sudden death if they would not grant his unreasonable, unlawfull, rebellious and treasonable demands, and by his threats and ... violence did obteine to himselfe whatsoever he soe ... demanded; =And whereas= the kings most excellent majestie by his gratious proclamation ... hath long since declared all the proceedings of the said assembly to be voyd in law: _Bee it therefore enacted by this present grand assembly and the authority thereof, and it is hereby enacted_, that all acts, orders, and proceedings of the said grand assembly be repealed and made null and voyd.

110. Self-government in Massachusetts Decreased

_a. Randolph's Report, 1676_

Hutchinson's _Collection of Original Papers_ (1769), 477 ff.

Randolph had been sent to the colonies as a "commissioner" by the Lords of Trade.

* * * * *

_Second Enquiry._ What lawes and ordinances are now in force there derogatory or contrary to those of England, and what oath is prescribed by the government?

The lawes and ordinances made in that colony are no longer observed than as they stand with their convenience. The magistrates not so strictly minding the letter of the law when their publick interest is concerned, in all cases more regarding the quality and affection of the persons to their government than the nature of their offence. They see no evill in a church member, and therefore it is very difficult to get any sentence or verdict against him, tho' in the smallest matters.

No law is in force or esteeme there but such as are made by the generall court, and therefore it is accounted a breach of their privileges and a betraying of the liberties of their commonwealth to urge the observation of the lawes of England or his Majesties commands.

_The lawes most derogatory and contradictory to those of England._

All persons of the age of 21 years, being excommunicate or condemned, have liberty to make wills and dispose of lands and estates.

In capital cases, dismembering or banishment; where no law is made by the generall court, or in case of defect of a law in any particular case, the offender to be tryed by the word of God and judged by the generall court.

Ministers are ordained by the people and no injunction to be put upon any church officer or member, in point of doctrine, worship or discipline, whether for substance or circumstance, besides the institution of the Lord.

Whoever shall observe christmasse day or the like festivity, by forbearing to labour, feasting or other way shall pay 5s. and whosoever shall not resort to their meeting upon the Lord's day and such days of fasting and Thanksgiving as shall be appointed by authority, shall pay 5_s._ no days commanded by the lawes of England to be observed or regarded.

No person shall be impressed or compelled to serve in any wars but such as shall be enterprized by that commonwealth, by the consent of a generall court, or by authority derived from them.

No person whatsoever shall joine any persons in marriage but a magistrate, it being an honorable ordinance and therefore should be accordingly sollemnized.

All strangers professing the true christian religion that shall fly to them for succour from the tyranny or oppression of their persecutors, or for any necessary or compulsory cause, they shall be entertained and protected amongst them according to that power and prudence God shall give them. By which law Whalley and Gosse and other traytors were kindly receaved and entertained by Mr. Godkins and other magistrates.

Whosoever shall be in the possession of any land 5 years, altho' the grant of said land was to another, and the possessor have nothing to shew for the alienation thereof but his possession, the possessor shall have the land confirmed to him.

No oath shall be urged or required to be taken by any person but such oath as the generall court hath considered allowed and required.

The oaths of allegiance and supremacy are neither taken by the magistrates nor required to be taken by the inhabitants, only an oath of fidelity to the government is imposed upon all persons as well strangers as inhabitants, upon the penalty of 5_l._ for every week they shall refuse the said oath.

_b. Second Charter of Massachusetts, October 7/17, 1691_

_Acts and Resolves of the Province of Massachusetts Bay_, I, 1-20.

The stubborn persistence of Massachusetts in resisting all regulation from England finally involved all New England in the despotic rule of Andros. On the overthrow of Andros (on the flight of James II and the accession of William III), Connecticut and Rhode Island continued their former charter governments; but the Massachusetts Charter of 1629 had been declared void by the English courts and had been formally surrendered. The best Massachusetts could now do was to secure a much more limited instrument. For a fuller history, cf. _American History and Government_, # 97.

[Recital of the creation of the Plymouth Council in 1620, of the grant by that Council to the Massachusetts Bay Company in 1628, of the royal charter of 1629, and of the vacating of that charter in 1684.]

#And Whereas# severall persons employed as Agents in behalfe of Our said Collony of the Massachusetts Bay in New England have made their humble application unto Us that Wee would be graciously pleased by Our Royall Charter to Incorporate Our Subjects in Our said Colony and to grant and confirme unto them such powers priviledges and Franchises ... and Wee being graciously pleased to gratifie Our said Subjects. And alsoe to the end Our good Subjects within Our Collony of New Plymouth in New England aforesaid may be brought under such a forme of Government as may put them in a better Condition of defence....

... #Wee# doe by these presents for Us Our Heirs and Successors Will and Ordeyne that the Territories and Collonyes comonly called or known by the Names of the Collony of the Massachusetts Bay, =and Collony of New Plymouth=, the Province of Main, the Territorie called Accadia or Nova Scotia, and all that Tract of Land lying betweene the said Territories of Nova Scotia and the said Province of Main be Erected United and Incorporated ... into one reall Province by the Name of Our Province of the Massachusetts Bay in New England And ... [grant of territory]....

#Provided# ... that all and every such Lands Tenements and Hereditaments and all other estates which any person or persons or Bodyes Politique or Corporate (Townes, Villages, Colledges, or Schooles) doe hold and enjoy or ought to hold and enjoy within the bounds aforesaid by or under any Grant or estate duely made or granted by any Generall Court formerly held or by vertue of the Letters Patents herein before recited or by any other lawfull Right or Title whatsoever shall be by ... [them] ... for ever hereafter held and enjoyed according to the purport and Intent of such respective Grant. ... And wee doe further ... Establish and ordeyne that ... there shall be one Governour, One Leiutenant or Deputy Governour, and One Secretary of Our said Province or Territory, to be from time to time appointed and Commissionated by Us ... and Eight and Twenty Assistants or Councillors to be advising and assisting to the Governour ... for the time being as by these presents is hereafter directed and appointed, which said Councillors or Assistants are to be Constituted, Elected, and Chosen in such forme and manner as hereafter in these presents is expressed. [Appointment of first set of officers, the Assistants to continue until the last Wednesday in May, 1693.]

#And Our# Will and Pleasure is that the Governour ... shall have Authority from time to time at his discretion to assemble and call together the Councillors or Assistants ... and that the said Governour with the said Assistants or Councillors or Seaven of them at the least shall and may from time to time hold and keep a Councill for the ordering and directing the Affaires of Our said Province #And Further# Wee Will ... that there shall ... be convened ... by the Governour ... upon every last Wednesday in the Moneth of May every yeare for ever and at all such other times as the Governour ... shall think fitt and appoint a great and Generall Court of Assembly Which ... shall consist of the Governour and Councill or Assistants ... and of such Freeholders ... as shall be from time to time elected or deputed by the Major parte of the Freeholders and other Inhabitants of the respective Townes or Places who shall be present at such Elections ... To which Great and Generall Court ... Wee doe hereby ... grant full power and authority from time to time to direct ... what Number each County Towne and Place shall Elect and Depute to serve for and represent them respectively ... #Provided# alwayes that noe Freeholder or other Person shall have a Vote in the Election of Members ... who at the time of such Election shall not have an estate of _Freehold in Land within Our said Province or Territory to the value of Forty Shillings per Annum at the least, or other estate to the value of Forty pounds Sterling ... and that the Governour for the time being shall have full power and Authority from time to time as he shall Judge necessary to adjourne Prorogue and dissolve all Great and Generall Courts_... And ... Wee doe ... Ordeyne that yearly once in every yeare ... the aforesaid Number of Eight and Twenty Councillors or Assistants shall be by the Generall Court ... newly chosen ... [Four at least of the Assistants to come from the former Plymouth Colony and three from Maine. The General Court may remove Assistants from office, and may also fill vacancies caused by removal or death.] And Wee doe further Grant and Ordeyne that it shall and may be lawfull for the said Governour with the advice and consent of the Councill or Assistants from time to time to nominate and appoint Judges, Commissioners of Oyer and Terminer, Sheriffs, Provosts, Marshalls, Justices of the Peace, and other Officers to Our Councill and Courts of Justice belonging, #Provided# alwayes that noe such Nomination or Appointment of Officers be made without notice first given or summons issued out seaven dayes before such Nomination or Appointment unto such of the said Councillors or Assistants as shall be at that time resideing within Our said Province ... and for the greater Ease and Encouragement of Our Loveing Subjects Inhabiting our said Province ... and of such as shall come to Inhabit there Wee doe ... Ordaine _that for ever hereafter there shall be a liberty of Conscience allowed in the Worshipp of God to all Christians (Except Papists)_ Inhabiting ... within our said Province ... [Courts for the trial of both civil and criminal cases may be established by the General Court, reserving to the governor and assistants matters of probate and administration.] #And whereas# Wee judge it necessary that all our Subjects should have liberty to Appeale to us ... in Cases that may deserve the same Wee doe ... Ordaine that incase either party shall not rest satisfied with the Judgement or Sentence of any Judicatories or Courts within our said Province ... in _any Personall Action wherein the matter in difference doth exceed the value of three hundred Pounds Sterling that then he or they may appeale to us ... in our ... Privy Council Provided such Appeale be made within Fourteen dayes after the Sentence or Judgement given and that before such Appeal be allowed Security be given by the party or parties appealing in the value of the matter in Difference to pay or Answer the Debt or Damages for the which Judgement or Sentence is given With such Costs and Damages as shall be Awarded by us ... incase the Judgement or Sentence be affirmed_ [provided that no execution shall be stayed by reason of such appeal.] #And# we doe further ... grant to the said Governor and the great and Generall Court ... full power and Authority from time to time to make ... all manner of wholesome and reasonable Orders Laws Statutes and Ordinances Directions and Instructions either with penalties or without (soe as the same be not repugnant or contrary to the Lawes of this our Realme of England) as they shall Judge to be for the good and welfare of our said Province. ... And for the Government and Ordering thereof and of the People Inhabiting or who shall Inhabit the same and for the necessary support and Defence of the Government thereof [and also] full power and Authority to name and settle Annually all Civill Officers within the said Province (such Officers Excepted the Election and Constitution of whome wee have by these presents reserved to us ... or to the Governor) ... and to Settforth the severall Duties Powers and Lymitts of every such Officer ... and the forms of such Oathes not repugnant to the Lawes and Statutes of this our Realme of England as shall be respectively Administred unto them for the Execution of their severall Offices and places. And alsoe to impose Fines, mulcts, Imprisonments, and other Punishments; And to Impose and leavy proportionable and reasonable Assessments, Rates, and Taxes, upon the Estates and Persons of all and every the Proprietors and Inhabitants of our said Province ... #Provided# alwaies ... that in the frameing and passing of all such Orders ... and in all Elections and Acts of Government whatsoever to be passed made or done by the said Generall Court ... or in Councill, _the Governor ... shall have the Negative voice, and that without his consent or Approbation signified and declared in Writeing, no such Orders ... Elections or other Acts of Government ... shall be of any Force effect or validity_ ... #And# wee doe ... Ordaine that the said Orders Laws Statutes and Ordinances be by the first opportunity after the makeing thereof sent or Transmitted unto us ... under the Publique Seale to be appointed by us for Our ... approbation or Disallowance _And that incase all or any of them shall, at any time within the space of three yeares next after the same shall have been presented to us ... in Our ... Privy Councill_, be disallowed and rejected and soe signified by us ... _unto the Governor for the time being then such ... of them as shall be soe disallowed ... shall thenceforth cease and determine and become utterly void and of none effect_. [Laws not disallowed within the three years, to remain in force until repealed by the General Court. Grants of land by the General Court, within the limits of the former colonies of Massachusetts Bay and New Plymouth, and the Province of Maine, excepting the region north and east of the Sagadahoc, to be valid without further royal approval. The governor to direct the defense of the province, and _to exercise martial law in case of necessity_] #Provided# alwayes ... That the said Governour shall not at any time hereafter by vertue of any power hereby granted or hereafter to be granted to him Transport any of the Inhabitants of Our said Province ... or oblige them to march out of the Limitts of the same without their Free and voluntary consent or the Consent of the Great and Generall Court ... nor grant Commissions for exercising the Law Martiall upon any the Inhabitants of Our said Province ... without the Advice and Consent of the Councill or Assistants of the same ... [In case of the death, removal or absence of the governor, the lieutenant-governor may take his place; failing both governor and lieutenant-governor, the council, or the major part of them, are to act.] #Provided# alwaies ... that nothing herein shall extend or be taken to ... allow the Exercise of any Admirall Court Jurisdiction Power or Authority but that the same be and is hereby reserved to Us ... and shall from time to time be ... exercised by vertue of Commissions to be issued under the Great Seale of England or under the Seale of the High Admirall or the Commissioners for executing the Office of High Admirall of England. ... #And lastly# for the better provideing and furnishing of Masts for Our Royall Navy Wee doe hereby reserve to Us ... all Trees of the Diameter of Twenty Four Inches and upwards of Twelve Inches from the ground growing upon any soyle or Tract of Land within Our said Province ... not heretofore granted to any private persons.

111. Attempts by England at Closer Control after 1700

For an outline of these natural and long-continued attempts, see _American History and Government_, ## 117, 118. The first attempt, barely avoided and only by accident, is given under _a_, below; _b_ represents American feeling toward such encroachments; and _c_ illustrates the activity of a New England town meeting in this field of _general_ politics.

_a. Recommendation from the Board of Trade to make all the Colonies into Royal Provinces. March 26/Apr. 5, 1701_

_North Carolina Colonial Records_, I, 535.

_To the King's most Excellent Majestie._

_May it please, etc._

Having formerly on severall occasions humbly represented to your Majesty the state of the Government under Proprietors and Charters in America; and perceiving the irregularities of these Governments dayly to increase, to the prejudice of Trade and of your Majesties other Plantations in America, as well as of your Majesties revenue arising from the Customes here, we find ourselves obliged at present humbly to represent to your Majesty;

That those Colonies in general have no ways answered the chief design for which such large Tracts of Land and such Priviledges and Immunities were granted by the Crown.

That they have not conformed themselves to the severall acts of Parliament for regulating Trade and Navigation, to which they ought to pay the same obedience, and submit to the same Restrictions as the other Plantations, which are subject to your Majesties immediate Government; on the contrary in most of these Proprieties and Charter Governments, the Governours have not applyed themselves to your Majesty for your approbation, nor have taken the Oaths required by the acts of Trade, both which Qualifications are made necessary by the late Act for preventing frauds and regulating abuses in the Plantation Trade.

That they have assumed to themselves a power to make Laws contrary and repugnant to the Laws of England, and directly prejudicial to Trade, some of them having refused to send hither such Laws as they had enacted, and others having sent them but very imperfectly.

That diverse of them have denyed appeals to your Majesty in Councill, by which not only the Inhabitants of those Colonies but others your Majesties subjects are deprived of that benefit, enjoyed in the Plantations, under your Majesties immediate Government, and the parties agrieved are left without remedy from the arbitrary and Illegal proceedings of their Courts.

That these Colonies continue to be the refuge and retreat of Pirates and Illegal Traders, and the receptacle of Goods imported thither from foreign parts contrary to Law: In return of which Commodities those of the growth of these Colonies are likewise contrary to Law exported to Foreign parts; All which is likewise much incouraged by their not admitting appeals as aforesaide.

That by raising and lowering their coin from time to time, to their particular advantage, and to the prejudice of other Colonies, By exempting their Inhabitants from Duties and Customes to which the other Colonies are subject, and by Harbouring of Servants and fugitives, these Governments tend greatly to the undermining the Trade and Welfare of the other Plantations, and seduce and draw away the People thereof; By which Diminution of Hands the rest of the Colonies more beneficial to England do very much suffer.

That these Independent Colonies do turn the Course of Trade to the Promoting and proprogating woolen and other Manufactures proper to England, instead of applying their thoughts and Endeavours to the production of such commodities as are fit to be encouraged in these parts according to the true design and intention of such settlements.

That they do not in general take any due care for their own defence and security against an Enemy, either in Building Forts or providing their Inhabitants with sufficient Armes and Amunition, in case they should be attacked, which is every day more and more to be apprehended, considering how the French power encreases in those parts.

That this cheifly arises from the ill use they make of the powers entrusted to them by their Charters, and the Independency which they pretend to, and that each Government is obliged only to defend its self without any consideration had of their Neighbours, or of the general preservation of the whole.

That many of them have not a regular militia and some (particularly the Colonies of East and West New Jersey) are no otherwise at present than in a state of Anarchy and confusion.

_And because the care of these and other great mischiefs in your Majesties Plantations and Colonies aforesaid, and the introducing such an administration of Government and fit regulation of Trade as may put them into a better State of Security and make them duly subservient and usefull to England, does every day become more and more necessary, and that your Majesties frequent Commands to them have not met with due complyance: We humbly conceive it may be expedient that the Charters of the severall Proprietors and others intitling them to absolute Government be reassumed to the Crown and these Colonies put into the same State and dependency as those of your Majesties other Plantations, without prejudice to any man's particular property and freehold. Which being no otherwise so well to be effected as by the Legislative power of this Kingdome._

Wee humbly submit the same to your Majesties Royal consideration.

_b. John Wise upon Englishmen and Tyranny_

This extract comes from a pamphlet by John Wise, minister at Ipswich, and a leader (and sufferer) against arbitrary taxation by Andros twenty years earlier, and is in the nature of a warning that the American English will not submit to political aggression.

Englishmen hate an arbitrary power (politically considered) as they hate the devil. ... And though many of their incautelous princes have endeavored to null all their charter rights and immunities, and agrandize themselves in the servile state of the subjects, by setting up their own seperate will, for the great standard of government over the nation, yet they have all along paid dear for their attempts, both in the ruin of the nation, and in interrupting the increase of their own grandeur, and their foreign settlements and conquests.

Had the late reigns, before the accession of the great _William_ and _Mary_, to the throne of England, but taken the measures of them, and [of] her present majesty,[109] in depressing vice, and advancing the union and wealth, and encouraging the prowice and bravery of the nation, they might by this time have been capable to have given laws to any monarch on earth; but spending their time in the pursuit of an absolute monarchy (contrary to the temper of the nation, and the ancient constitution of the government) through all the meanders of state craft: It has apparently kept back the glory, and dampt all the most noble affairs of the nation. And when under the midwifry of _Machiavilan_ art, and cunning of a daring prince, this MONSTER, tyranny, and arbitrary government, was at last just born, upon the holding up of a finger! or upon the least signal given, ON the whole nation goes upon this HYDRA.[110]

The very name of an arbitrary government is ready to put an Englishman's blood into a fermentation; but when it really comes, and shakes its whip over their ears, and tells them it is their master, it makes them stark mad.

_c. Boston's Action Relative to the Proposed Permanent Salary for the Governor in 1729_

_Boston Town Records_ (for dates given).

The full records of the meeting are given, that the student may see how great matters of state were mingled with trivial and local business. The attempt of England to secure a fixed salary for the Governor of Massachusetts would, if successful, have made that officer wholly independent of popular control. Cf. _American History and Government_, # 118, for the whole story.

AT a Meeting of the Freeholders and Other Inhabitants of the Town of Boston Duly Qualified being Regulerly Assembled in a Publick Town meeting at the Town House Tuesday May the 6th 1729--

After Prayer by the Revd mr Thomas Prince [and after] Elisha Cooke Esqr Chose[n] Moderator for this Meeting.

Sundry Petitions Read Vizt About a place for the Grainery About m. [Mr.] Peleg Wiswalls Sallary About m. Edward Mills Sallary