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Updated: May 18, 2025
Randolph was called back in May, 1683, to aid in the legal proceedings which were immediately set on foot. Other charters were falling: that of the Bermuda Company was under attack; that of the City of London was already forfeited; and those of other English boroughs were in danger. On June 27, a writ of quo warranto was issued out of the Court of King's Bench against the colony.
I have been whipping the thing into shape all afternoon: that is what kept me from dining with you." "It involves some kind of legal procedure?" "Yes; a rather complicated one." "Could you explain it so that I could understand it?" "I think so. In the first place the question is raised by means of an information or inquiry called a quo warranto.
In case of a single declaration, and consequent induction into office, an information might be filed in the Supreme Court of the District in the names of the United States and the claimant, against the incumbent, and proceedings carried on in the ordinary manner of proceedings in the nature of quo warranto. Any lawyer could readily frame a bill to embrace these several provisions.
Few corporations were now disposed to surrender their charters voluntarily; and such judgments as would suit the purposes of the government were hardly to be expected even from such a slave as Wright. The writs of Quo Warranto which had been brought a few years before for the purpose of crushing the Whig party had been condemned by every impartial man.
To make his work more effective he took steps to bring Connecticut immediately under his control. Rhode Island had already submitted and had sent its members to sit with the council at Boston. But Connecticut had avoided giving a direct answer, although a third writ of quo warranto had been served upon her, on December 28, 1686.
He got up and went to sit beside her on the pillowed divan. "Don't try me again, please not that way. I am only a man." "I make no promises not even good ones," she retorted. And then: "Would you like to have your quo warranto blind alley turned into a thoroughfare?" "I believe you can do it if you try," he admitted, brightening a little.
It was therefore declared by Parliament that the judgment passed on the quo warranto of Charles II. was unjust and illegal, and that all the proceedings in the case were informal and void.
It was proposed, among other things, that the militia should be remodelled, that the power which the sovereign possessed of proroguing and dissolving Parliaments should be restricted; that the duration of Parliaments should be limited; that the royal pardon should no longer be pleadable to a parliamentary impeachment; that toleration should be granted to Protestant Dissenters; that the crime of high treason should be more precisely defined; that trials for high treason should be conducted in a manner more favourable to innocence; that the judges should hold their places for life; that the mode of appointing Sheriffs should be altered; that juries should be nominated in such a way as might exclude partiality and corruption; that the practice of filing criminal informations in the King's Bench should be abolished; that the Court of Chancery should be reformed; that the fees of public functionaries should be regulated; and that the law of Quo Warranto should be amended.
The company refused to obey an arbitrary mandate; but upon its refusal, the king ordered a writ of quo warranto to be issued, and the Court of the King's Bench decided, of course, in favor of the crown. The company was accordingly dissolved. But the dissolution, though arbitrary, operated beneficially on the colony.
The Company, through the country party, strove to gain time. They met with a succession of arbitrary measures and were finally forced to a decision. They would not surrender their charter. Then a writ of quo warranto was issued; trial before the King's Bench followed; and judgment was rendered against the Company in the spring term of 1624. Thus with clangor fell the famous Virginia Company.
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