Berkeley in his punishment of the offenders went too far, and finally the King in England listened to the complaints that came from Virginia. Moreover the commissioners' reports showed that Berkeley had been excessively harsh. Charles II. is reported to have said: "As I live, the old fool has put to death more people in that naked country than I did here for the murder of my father." He thereupon recalled Sir William Berkeley in 1677 and appointed in his stead Sir Herbert Jeffries, who was one of the commissioners to report on the state of the colony. From the rebuke given him by the King Berkeley never recovered, and died soon afterwards of a broken heart.

Bacon's Rebellion was the first open attempt at liberty. It was a war against English tyranny as exercised by a colonial Governor. It was not intended, however, to be a real war against England, but only against Berkeley himself. It was an effort on the part of the Virginians to manage their own affairs in a way that would be for the benefit of the colony. There is no doubt that a majority of the Virginians believed that Bacon's principles were right, but it is doubtful whether a majority really favored open rebellion against the Governor. We know, however, that the wealthier planter class of Virginia were in sympathy with Berkeley, and many of them, among them Philip Ludwell, thought that Bacon and his followers were what in these modern days would be termed socialists.

Bacon will always be one of Virginia's heroes, because he stood for the abolition of privileges, for the overthrow of monopolistic ideas, and for equal rights to all freemen. He was not far from being a type of the modern American leader who proclaims as a fundamental principle, "The people must be heard."

CHAPTER XVII.

THE PASSING OF JAMESTOWN AND THE RISE OF WILLIAMSBURG.

The story of the rise and of the decline of Jamestown, "the cradle of the republic," is most pathetic. From the outset it was a fateful struggle against an environment that made failure inevitable. It never really achieved the growth that warranted so dignified a title as "James City." It was always, even in its most flourishing days, "small, poor and insignificant." Its history is a pitiful story of disaster after disaster, which resulted finally in its complete abandonment and the removal of the capital to the Middle Plantation,

When Smith left the colony in 1609 it had, according to his statement, within the fort besides the church house forty or fifty huts. These were of the rudest construction and were doubtless built with little regard to the very precise plans that had been furnished in the instructions of the London Company.

By the year 1623 these buildings, instead of having been added to, had been diminished, so that it is said there were only twenty-two dwelling houses in the town besides the public buildings. These dwelling houses were of a more substantial sort, and were perhaps capable of accommodating a larger population than the forty or fifty wretched huts left by John Smith.

After the Indian massacre of 1622 there was no increase in the population of the town and scarcely any progress made at all in its improvement.

In the year 1636 the Grand Assembly, stimulated by instructions from England, became interested in the improvement and enlargement of the town. It passed an act granting a house lot and a garden plot to every settler who would agree to build thereon within six months. This provision, however, did not induce any great number of people to leave their country homes and seek residence in the capital city. In 1638 this act was re-enacted. The latter endeavor seems to have been crowned with moderate success, for twelve dwellings were built and also a store. Among these was the first brick house of the colony. This house was 16x24 feet in its ground plan and arrangement.

When Governor Berkeley came to the colony, in 1642, he brought very urgent instructions to rebuild the town in brick. He set about this task in his usual vigorous fashion. As an inducement for the people to come into the town and build brick houses, it was ordered that every person who would build a brick house 16x24 feet, with a cellar, would have an additional five hundred acres of land to his grant of lot and garden plot.

With all the encouragement given by the Assembly to induce people to build in the city, there was still left a great many unoccupied lots, some of which were reserved by persons who, for one reason and another, had not built houses thereupon. In 1643 the Assembly ordered that whosoever should build on one of these deserted lots would thereby secure a title to the lot, provided he built of brick and paid back taxes. It was provided that even if the owner of such a lot would turn up at a later day, he might be allowed to select another unimproved lot, but would not be allowed to dispossess the person who had built upon his lot.

In order to stimulate general interest in the capital city and to induce regular visitations on the part of people from

the country districts, a law was passed establishing market days in Jamestown on Wednesdays and Saturdays, but this expedient likewise proved a failure, and the law was repealed in 1665. In one of the schemes exploited it was urged that the owners of plantations should build in the town nearest his plantation a dwelling house in which he and his family should reside; the planter managing his estate by daily visits from his residence in the city. It was further urged that on Saturday afternoons all servants were to be relieved of their work, and that they should be ordered to leave the plantation with only a sufficient number left upon each plantation to protect it, and to go into the neighboring towns with their masters and remain until after the Sabbath had passed. This device was recommended as being an expedient which would draw into the towns a large number of people, and would also furnish an opportunity for religious instruction, especially to the servants and slaves on the plantations. It was soon found, however, that it was quite impossible to carry out such suggestions.

In 1662 Sir William Berkeley, who had been restored to his position as Governor of the colony on the return of the Stuarts to power, was commanded to use every endeavor, not only to build up Jamestown, but to induce the planters to erect a town at some convenient point upon every important river. It was understood, however, that Jamestown was to continue to be the seat of the government, and special care was to be taken to see that its interests were safeguarded. The Governor was commanded by the English government to build several houses himself in the town, and was likewise instructed to say to the members of the Council that the English authorities would be greatly pleased if each member of the Council would erect a residence at Jamestown.

The General Assembly sought by prompt legislation to co-operate with the authorities in England and with the Governor and Council in the effort to promote the building of the towns in the colony, and especially to build up Jamestown, as the most important of the colonial towns. By special legislation it was sought to make Jamestown the single port of entry for the entire colony, making a law that all tobacco should be shipped from that point, and that ships bringing supplies for the settlers should not break their cargo until Jamestown had been reached. The law that was passed in 1662 was most elaborately drawn, and seemed to cover every imaginable detail in the great scheme of building up towns in Virginia. It provided that towns should be built on the York, Rappahannock and Fotomac Rivers, and on the Eastern Shore of Virginia. In this act it was provided that there should be thirty-two houses in Jamestown. Each house was to be constructed of brick and was to be 40x20 feet, and 18 feet in height. The walls were to be of brick, and the roof was to be of tile or slate and was to have a pitch of fifteen feet.

In order to carry out this scheme with as much dispatch and thoroughness as possible, each of the seventeen counties in Virginia was ordered to build a house at Jamestown at its own expense. The most minute care was taken that this scheme be put into operation as soon as possible and with as little friction as possible. The cost of material, the wages of mechanics and laborers, their entertainment at the taverns in Jamestown, were all matters of careful legislation. It was provided that the tobacco crops of James City, Charles City and Surry should be brought to Jamestown. The penalty for failure to do this was to be a fine of one thousand pounds of tobacco.

It was furthermore provided that the person and pro