the church restored. "Every Sunday, when the Lord Governor went to church, he was accompanied by all the Councillors, Captains, and other officers, and all the gentlemen, and with a band of fifty halberdiers in his Lordships livery, fair red cloaks, on each side and behind him. The Lord Governor sat in the choir in a green velvet chair, with a velvet cushion before him on which he knelt."[9]

But that Lord De la Warr proved to be a mild and just Governor by no means obscures the evils inherent in absolutism. A good ruler may be succeeded by a bad one. In ancient Rome the people benefited by the establishing of law and order under the great Augustus, but they suffered from the cruelty of the insane Caligula and the dissolute Nero. So it boded no good for Virginia when De la Warr fell ill. "I was welcomed by a hot and violent ague," he tells us. This was followed by an attack of dysentery. "Then the cramp assaulted my weak body with strong pains, and afterward the gout." Finally scurvy came to add to his woes, so that he "was upon the point to leave this world." In desperation he set sail for the West Indies in the hope of recovering his health.[10]

A few weeks after De la Warr's departure Sir Thomas Gates assumed command of the colony. In 1614 he, in turn, was followed by Sir Thomas Dale, Dale by Captain George Yeardley, and Yeardley by Samuel Argall. When Gates was in Virginia in 1610 he had brought with him certain laws, orders, and instructions which he posted in the church at Jamestown. As the people crowded into the little building to read them they must have expressed their resentment and horror, for the laws were more suited to a penal colony than to a community of free Englishmen. In 1611 Dale brought additional laws, and the whole body was revised in England and published. Gates and Dale had both served with the English army in the Netherlands, and these laws were "chiefly extracted out of the laws for governing the army" there.

It was ordered that "every man and woman daily twice a day upon the first tolling of the bell shall upon the working days repair into the church to hear divine service upon pain of losing his or her day's allowance for the first omission, for the second to be whipped, for the third to be condemned to the galleys for six months." Equally severe was the law that "no man shall give any disgraceful words or commit any act to the disgrace of any person ... upon pain of being tied head and feet together upon the guard every night for the space of one month." To kill any cattle, or horse, goat, or pig, or chicken without leave was punishable with death. No doubt conducive to health but not to liberty was the order that no man or woman should wash linen or pots and pans "within twenty foot of the old well ... upon pain of whipping."[11]

De la Warr was a humane man, who thought that order could be maintained without cruelty. Gates, also, seems not to have enforced the severe laws. But the situation changed when Dale, and after him Argall assumed power. These two men were guilty of reigns of terror that would have shamed an Ivan the Terrible or a Hitler. The Virginia Assembly of 1624 testified that the colony suffered "under most severe and cruel laws sent over in print," contrary to the King's promise. And these laws were "mercilessly executed, often times without trial or judgment." Some who sought relief by fleeing to the Indians were captured and executed, either by hanging, or shooting, or even by being broken on the wheel. One man who had stolen some oatmeal had a knife thrust through his tongue, and then was tied to a tree where he was left to starve. In 1612 several men tried to steal a barge and a shallop in order to risk their lives in a desperate attempt to reach England. For this they were "shot to death, hanged and broken upon the wheel."[12]

But better things were in store. Many of the leading spirits of the London Company, who "stood best affected to religion and liberty" were "distasted with the proceedings of the Court." This group began now to dream of migrating to Virginia to set up a government there which would be sympathetic with their views. "Many worthy patriots, lords, knights, gentlemen, merchants, and others ... laid hold on ... Virginia as a providence cast before them."[13] Had not the Pilgrim fathers shown the way to New England a few years later, it might have been in Virginia rather than in Massachusetts that the Bible commonwealth was established.

Prominent among the liberal faction in the Company was Sir Edwin Sandys. In his youth he had studied at Corpus Christi, Oxford, under Richard Hooker, the future founder of Connecticut, and this ardent Puritan influenced profoundly his views and career. It was from Hooker that he got the theory that the King derived his authority from a contract with the people, and not by divine right. Later, when as a member of the Commons he enunciated this theory, he drew down on his head James' bitter hatred. Sandys, who had long been a member of the Council of the London Company, was elected to the important post of Treasurer in 1617. To prevent his re-election three years later, the King sent the names of four other men to the Company with the demand that they elect one of them. When the Company sent a delegation to him to protest against this interference with their affairs, James blurted out: "Choose the devil if you will, but not Sir Edwin Sandys."

Sandys seems to have planned to secure successive charters, each granting the Company greater powers than its predecessor, under the pretext that this was necessary for the success of the enterprise. The second charter, granted in 1609, is of especial importance because by it the King resigned the immediate control of the colony into the hands of the Company. The charter of 1612 still further strengthened their hands.

But the Sandys faction met strenuous opposition in the Company itself. Many of the stockholders thought it a mistake to involve the Company in the political and religious struggle which was convulsing the nation. At times the Quarter Courts resounded with the angry debates of the contending parties. A momentous struggle it was, since upon the outcome depended the establishing of self-government in America. So there was rejoicing among the liberal party when Sandys was victorious.

It is probable that Sandys drew up with his own hand what has been called the Magna Carta of Virginia in the fall of 1617, granting the colony the right to representative government. Lord De la Warr, who was still the Governor, had expected to leave at that time with this famous document. But his sailing was delayed until April, 1618. Unfortunately De la Warr, who probably had never fully recovered his health, became ill during the voyage and died.

When news of De la Warr's death reached the London Company, they chose Captain George Yeardley to