Virginia, 1492-1892 a brief review of the discovery of the continent of North America, with a history of the executives of the colony and of the commonwealth of Virginia in two parts |
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![]() | XXXII. Virginia, 1492-1892 | ![]() |

XXXII.
CAPTAIN SAMUEL MATTHEWS.
XXXII. President of the Council under the Commonwealth of
England.
XXXII. March 13, 1657, to January, 1659.
This was the third election of Governor and Council
during the Commonwealth of England. The Burgesses
being elected and returned by the Sheriffs for the several
plantations, they proceeded to recite as follows:
"Whereas it appears by act of Assembly held at James Cittie in May,
1652, That it was agreed vpon and thought best by the then commissioners
for the parliament, and the Burgesses of the then a sembly, That the right
of election of all officers of this collony should be and appertaine to the
Burgesses, the representatives of the people, Now know yee, That wee
the present Burgesses of this Grand Assembly have a cordingly constituted
and ordained the severall persons vnder written to be the Governour,
Councill & Commissioners of this country of Virginia vntil the next
Assembly or vntil the further pleasure of the supreme power in England
shall be known.
The Honourable Samuel Matthews, Esq., Governour and Captain-General
of Virginia, etc., etc."
The right of electing the Governor, it will be seen, continued
to be exercised by the representatives of the people.
Samuel Matthews, son of an old planter, was chosen to fill the
office. From too exalted ideas of his station, he, with the
Council, became involved in an unequal contest with the
Assembly by which he had been elected. But it is interesting
to observe in the following extracts (taken from Hening's
Statutes at Large, Vol. 1.) how the spirit of popular liberty
* See Hening's Statutes at Large, Vol. I., pp. 431-2.

established all its claims and that "the House of Burgesses"
had a complete triumph.[484]
The Governour and Councill for many important causes do think fitt
hereby to declare, That they do now disolve this present Assembly. And
that the Speaker accordingly do dismiss the Burgesses.
The Answer of the Burgesses to the declaration
of the Honourable Governour and Councill.
The House humbly presenteth, That the said disolution as the case
now standeth is not presidentall neither legall according to the lawes, now
in force, Therefore wee humbly desire a revocation of the said declaration,
especially seeing wee doubt not but speedily to finish the present affaires
to the satisfaction of your honour and the whole country.
Vpon which transactions being but three monthes
and if any shall depart, That he shall be censured as a person betraying
the trust reposed in him by his country, And the remaining to act in all
things and to all intents and purposes as a whole and entire house, And
ffurther, That Mr. Speaker signe nothing without the consent of the
major part of the house.
Voted further, That an oath of secresy be administred to the Burgesses
which was done as followeth:
The Oath.
You shall sweare that as a Burgesse of this House you shall not either
directly or indirectly repeate nor discover the present or future transactions,
debates or discourses that are now or hereafter shall be transacted or
debated on in the House to any person or persons whatsoever except to a
Burgesse of this Assembly now present dureing the time of this present
session. So help you God and the contents of this Booke.
This oath taken by all the Burgesses present.

The reply of the honourable the Governour
and Councill.
Vpon your assurance of a speedy issue to conclude the acts so near
brought to a confirmation in this Assembly, wee are willing to come to a
speedy conclusion, And to referre the dispute of the power of disolving and
the legality thereof to his Highnesse, the Lord Protector:
The Answer of the Burgesses.
The House is vnanimously of opinion that the answer returned is
vnsatisfactory, and desire with as much earnestnes as the honourable
Governour and Councill have expressed, a speedy dispatch, and propose
That the Governour and Councill please to declare.
The House remaines vndisolved that a speedy period may be putt to
the publique affaires.
The Reply of the Governour and Councill.
Vpon your promise received of the speedy and happy conclusion, wee
revoke the declaration for the dissolution of the Assembly, and referre the
dispute of the power of dissolving and the legality thereof to his Highnesse
the Lord Protector.
The House vnsatisfied with these answers, appointed a comittee to
draw vp a report for manifestation and vindication of the Assembly's
power which after presentation to the House to be sent to the Governour
and Councill. These vnderwritten being appointed the commitee:
Coll. John Carter, Mr. Warham Horsmendon, Coll. John Sidney,
Lev't Coll. Thomas Swann, Major Richard Webster, Mr. Jerom Ham,
Capt. Wm. Michell.
The same committee is by the House impowered to draw vp all such
propositions as any way tend to or concerne the settling the present affaires
of the country and government.
The Report of the Committee nominated for
vindication and manifestation of the Assemblyes
power.
Wee have considered the present constitution of the government

power of government to reside in such persons as shall be impowered
by the Burgesses (the representatives of the people) who are not
dissolvable by any power now extant in Virginia, but the House of Burgesses.
They humbly thinke fitt that the House do propose,
Samuel Mathewes, Esquire, to remaine Governour and Capt. Gen'll
of Virginia, with the full powers of that trust, And that a Councill be
nominated, appointed and confirmed by the present Burgesses convened,
with the assistance of the Governour for his advice.
Vpon which Report was drawne vp this Declaration.
The Burgesses takeing into consideration the many letts and obstructions
in the affaires of this Assembly and conceiveing that some persons of
the present councell endeavour by setting vp their own power to destroy
the apparent power resident only in the burgesses, representatives of the
people, as is manifest by the records of the Assembly:
Wee the said Burgesses do declare, That we have in our selves the full
power of the election and appointment of all officers in this country vntil
such time as wee shall have order to the contrary from the supreme power
in England; All which is evident vpon the Assembly records.
And for the better manifestation thereof and the present dispatch of
the affaires of this countrey we declare as followeth:
That wee are not dissolvable by any power yet extant in Virginia but
our owne; That all former election of Governour and Councill be void
and null; That the power of governour for the future shall be conferred on
Coll. Samuell Mathewes, Esq. who by vs shall be invested with all the just
rights and priviledges belonging to the Governour and Capt. Generall of
Virginia, and that a councill shall be nominated, appointed and confirmed
by the present burgesses convened (with the advice of the Governour for
his assistance); And that for the future none bee admitted a councellor
but such who shall be nominated, appointed and confirmed by the house
of Burgesses as aforesaid, vntill further order from the supreame power in
England.
By the Grand Assembly.
These are in the name of his Highnesse the Lord Protector to will and
require you not to act orr execute any warrant, precept or command
directed to you from any other power or person then the Speaker of this
hon'ble. House, whose commands you are hereby required to obey and not
to decline therefrom vntill further order from vs the Burgesses of this

at your perill. Given 2d. Apr. 58.
John Smith, Speak'r.
Directed to Capt. Robert Ellison, High Sheriff of James City County and
Serjeant at Armes for this present Grand Assembly.
It is ordered, That whereas the supreame power of this country of
Virginia is by this Grand Assembly declared to be resident in the Burgesses,
the representatives of the people, That in referrence and obedience
thereto Coll. William Claiborne, late secretarie of state, forthwith surrender
and deliver the records of the country into the hands of the
Speaker of this present Grand Assembly.
Coll. Claiborne being sent for by the sergeant at armes, there was
drawen vp the next ensueing order.
Whereas it hath been ordered by this present Grand Assembly, That
Coll. William Claiborne late secretarie of state should deliver, vppon oath,
all the records concerning this country of Virginia or any perticular member
thereof vnto this Grand Assembly, These are to impower & authorize
Coll. John Carter and Mr. Warham Horsmenden to receive the same in
the name and behalfe of the aforsaid Grand Assembly, and for such
records as they shall receive to give the said Coll. Claiborne a full receipt
and discharge.
April the 3d, 1658.
The comittee appointed for manifestation of the countreys power did
this day by order of the house present to the Governor the forme of the
oath to be taken by him and the Councill, which by him was approved
and a list of those he desired to be of his councill presented by him to the
house.
The Oath.
I doe sweare that as Governour and Capt. Gen'll of Virginia, I will,
from time to time to the best of my vnderstanding and conscience deliver
my opinion in all cases for the good and wellfare of this plantation of Virginia,
And I do also swear that as a minister of justice in Virginia, I will,
to the best of my judgement and conscience, do equall right and justice
vnto all persons in all causes when I shall bee therevnto called according
to the knowne laws of England or acts of Assembly which are or shall be
in force for the time being without favour, affection, partiality or malice
or any by respect whatsoever; Neither will I, directly or indirectly give
councell or advice in any cause depending before me. So help me God.

The names of the Councellors nominated by
the Governour and approved by the House.
S: Coll. Samuell Matthewes, Esq'r Governour and Capt. Gen'll of Virginia.
Richard Bennett
S: Coll. Wm. Claiborne,
Secretary of State
Coll. Hill
Coll. Thomas Dew
S: Coll. Wm. Bernard
Coll. John West
S: Coll. Tho's Pettus
S: Coll. Obedience Robins
Capt. Henry Perry
Le'tt Coll. John Walker.
S: Coll. George Reade.
Coll. Abraham Wood.
Coll. John Carter.
Mr. Warham Horsmenden.
Le'tt Coll. Anto. Ellyotte.
These 3 last not to be sworne vntill the dissolution of the Assembly.
These marked in the margent with the letter S: where then sworne
in the forme expressed, their titles onely changed.
March 7, 1658-9.
Act I.
It is enacted and confirmed by the Governour, Council and Burgesses
of this present Grand Assembly, That the honourable Coll. Samuell
Mathews, Esquire, Bee the Governour and Capt. Gennerall of Virginia
for two yeeres ensueing, and then the Grand Assembly to elect a Governour
as they shall think fitt, the person elect being then one of the
Councell; And it is further enacted, That the present Councell shall be
the Councell of State, the Assembly reserveing to themselves a just exception
against any one perticular Councellor: But for the future the Councellors
to be fixt dureing life except in case of high misdemanors, And of
this the Grand Assembly to be the onely judge, And it is moreover
ordained by the authoritie aforesaid, That the Governour shall have
priviledge to nominate the future councellors, and the Burgesses according
to their discretion to elect, And this act to be of force vntil his Highness
pleasure be further signified.
On the 3d of September, 1658, the great Cromwell died.
He passed away "peaceably in his bed at his palace of Whitehall,
and was buried with more than regal pomp in the sepulchre
of our monarchs."

Cromwell was one whom even his enemies cannot name without
acknowledging his greatness. The farmer of Huntingdon, accustomed
only to rural occupations, unnoticed till he was more than forty years old,
engaged in no higher plots than how to improve the returns of his land
and fill his orchard with choice fruit, of a sudden became the best officer
in the British army, and the greatest statesman of his time; subverted the
English constitution, which had been the work of centuries; held in his
own grasp the liberties which formed a part of the nature of the English
people, and cast the kingdoms into a new mould. Religious peace, such
as England till now has never again seen, flourished under his calm mediation;
justice found its way even among the remotest Highlands of Scotland;
commerce filled the English marts with prosperous activity; his
fleets rode triumphant in the West Indies; Nova Scotia submitted to his
orders without a struggle; the Dutch begged of him for peace as for a
boon; Louis XIV. was humiliated; the Protestants of Piedmont breathed
their prayers in security. His squadron made sure of Jamaica; he had
strong thoughts of Hispaniola and Cuba; and, to use his own words,
resolved "to strive with the Spaniard for the mastery of all those seas."
The glory of the English was spread throughout the world. "Under the
tropic was their language spoke."
Unmolested by Cromwell in internal affairs, during the
Protectorate, "the People of Virginia" had really governed
themselves. Tranquility and a rapid increase of population
promised a permanent existence to the Colony, and life was
sweetened and industry quickened by the enjoyment of equal
franchises. Every officer in the government was chosen,
directly or indirectly, by the people.
Gov. Matthews filled his position with honesty and ability,
and was greatly regretted when he died, in January, 1659. He
was succeeded by Sir William Berkeley.
![]() | XXXII. Virginia, 1492-1892 | ![]() |