CHAPTER IV.

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CONTAINING THE HISTORY OF THE GOVERNMENT FROM THE DISSOLUTION OF THE COMPANY TO THE YEAR SEVENTEEN HUNDRED AND SEVEN.

§ 53. The country being thus taken into the king's hands, his majesty was pleased to establish the constitution to be by a governor, council and assembly, and to confirm the former methods and jurisdictions of the several courts, as they had been appointed in the year 1620, and placed the last resort in the assembly. He likewise confirmed the rules and orders made by the first assembly for apportioning the land, and granting patents to particular adventurers.

§ 54. This was a constitution according to their hearts desire, and things seemed now to go on in a happy course for encouragement of the colony. People flocked over thither apace; every one took up land by patent to his liking; and, not minding anything but to be masters of great tracts of land, they planted themselves separately on their several plantations. Nor did they fear the Indians, but kept them at a greater distance than formerly. And they for their part, seeing the English so sensibly increase in number, were glad to keep their distance and be peaceable.

This liberty of taking up land, and the ambition each man had of being lord of a vast, though unimproved territory, together with the advantage of the many rivers, which afford a commodious road for shipping at every man's door, has made the country fall into such an unhappy settlement and course of trade, that to this day they have not any one place of cohabitation among them, that may reasonably bear the name of a town.§ 55. The constitution being thus firmly established, and continuing its course regularly for some time, people began to lay aside all fears of any future misfortunes. Several gentlemen of condition went over with their whole families—some for bettering their estates—others for religion, and other reasons best known to themselves. Among those, the noble CÆcilius Calvert, Lord Baltimore, a Roman Catholic, thought, for the more quiet exercise of his religion, to retire, with his family, into that new world. For this purpose he went to Virginia, to try how he liked the place. But the people there looked upon him with an evil eye on account of his religion, for which alone he sought this retreat, and by their ill treatment discouraged him from settling in that country.

§ 56. Upon that provocation, his lordship resolved upon a farther adventure. And finding land enough up the bay of Chesapeake, which was likewise blessed with many brave rivers, and as yet altogether uninhabited by the English, he began to think of making a new plantation of his own. And for his more certain direction in obtaining a grant of it, he undertook a journey northward, to discover the land up the bay, and observe what might most conveniently square with his intent.

His lordship finding all things in this discovery according to his wish, returned to England. And because the Virginia settlements at that time reached no farther than the south side of Potomac river, his lordship got a grant of the propriety of Maryland, bounding it to the south by Potomac river, on the western shore; and by an east line from Point Lookout, on the eastern shore; but died himself before he could embark for the promised land.

Maryland had the honor to receive its name from queen Mary, royal consort to king Charles the first.

§ 57. The old Lord Baltimore being thus taken off, and leaving his designs unfinished, his son and heir, in the year 1633, obtained a confirmation of the patent to himself, and went over in person to plant his new colony.By this unhappy accident, a country which nature had so well contrived for one, became two separate governments. This produced a most unhappy inconvenience to both; for, these two being the only countries under the dominion of England that plant tobacco in any quantity, the ill consequences to both is, that when one colony goes about to prohibit the trash, or mend the staple of that commodity, to help the market, then the other, to take advantage of that market, pours into England all they can make, both good and bad, without distinction. This is very injurious to the other colony, which had voluntarily suffered so great a diminution in the quantity, to mend the quality; and this is notoriously manifested from that incomparable Virginia law, appointing sworn agents to examine their tobacco.

§ 58. Neither was this all the mischief that happened to Virginia upon this grant; for the example of it had dreadful consequences, and was in the end one of the occasions of another massacre by the Indians. For this precedent of my Lord Baltimore's grant, which entrenched upon the charters and hounds of Virginia, was hint enough for other courtiers, (who never intended a settlement as my lord did) to find out something of the same kind to make money of. This was the occasion of several very large defalcations from Virginia within a few years afterwards, which was forwarded and assisted by the contrivance of the Governor, Sir John Harvey, insomuch that not only the land itself, quit-rents and all, but the authorities and jurisdictions that belonged to that colony were given away—nay, sometimes in those grants he included the very settlements that had been before made.

§ 59. As this gentleman was irregular in this, so he was very unjust and arbitrary in his other methods of government. He exacted with rigor the fines and penalties, which the unwary assemblies of those times had given chiefly to himself, and was so haughty and furious to the council, and the best gentlemen of the country, that his tyranny grew at last insupportable; so that in the year 1639, the council sent him a prisoner to London, and with him two of their number, to maintain the articles against him. This news being brought to king Charles the first, his majesty was very much displeased; and, without hearing anything, caused him to return governor again. But by the next shipping he was graciously pleased to change him, and so made amends for this man's maladministration, by sending the good and just Sir William Berkeley to succeed him.

§ 60. While these things were transacting, there was so general a dissatisfaction, occasioned by the oppressions of Sir John Harvey, and the difficulties in getting him out, that the whole colony was in confusion. The subtle Indians, who took all advantages, resented the incroachments upon them by his grants. They saw the English uneasy and disunited among themselves, and by the direction of Oppechancanough, their king, laid the ground work of another massacre, wherein, by surprise, they cut off near five hundred Christians more. But this execution did not take so general effect as formerly, because the Indians were not so frequently suffered to come among the inner habitations of the English; and, therefore, the massacre fell severest on the south side of James river, and on the heads of the other rivers, but chiefly of York river, where this Oppechancanough kept the seat of his government.

§ 61. Oppechancanough was a man of large stature, noble presence, and extraordinary parts. Though he had no advantage of literature, (that being nowhere to be found among the American Indians) yet he was perfectly skilled in the art of governing his rude countrymen. He caused all the Indians far and near to dread his name, and had them all entirely in subjection.

This king in Smith's history is called brother to Powhatan, but by the Indians he was not so esteemed. For they say he was a prince of a foreign nation, and came to them a great way from the south west. And by their accounts, we suppose him to have come from the Spanish Indians, somewhere near Mexico, or the mines of Saint Barbe; but, be that matter how it will, from that time till his captivity, there never was the least truce between them and the English.

§ 62. Sir William Berkeley, upon his arrival, showed such an opposition to the unjust grants made by Sir John Harvey, that very few of them took effect; and such as did, were subjected to the settled conditions of the other parts of the government, and made liable to the payment of the full quit-rents. He encouraged the country in several essays of potash, soap, salt, flax, hemp, silk and cotton. But the Indian war, ensuing upon this last massacre, was a great obstruction to these good designs, by requiring all the spare men to be employed in defence of the country.

§ 63. Oppechancanough, by his great age, and the fatigues of war, (in which Sir William Berkeley followed him close) was now grown so decrepid, that he was not able to walk alone, but was carried about by his men wherever he had a mind to move. His flesh was all macerated, his sinews slackened, and his eyelids became so heavy, that he could not see, but as they were lifted up by his servants. In this low condition he was, when Sir William Berkeley, hearing that he was at some distance from his usual habitation, resolved at all adventures to seize his person, which he happily effected. For with a party of horse he made a speedy march, surprised him in his quarters, and brought him prisoner to Jamestown, where, by the governor's command, he was treated with all the respect and tenderness imaginable. Sir William had a mind to send him to England, hoping to get reputation by presenting his majesty with a royal captive, who at his pleasure, could call into the field ten times more Indians, than Sir William Berkeley had English in his whole government. Besides, he thought this ancient prince would be an instance of the healthiness and long life of the natives of that country. However, he could not preserve his life above a fortnight. For one of the soldiers, resenting the calamities the colony had suffered by this prince's means, basely shot him through the back, after he was made prisoner; of which wound he died.

He continued brave to the last moment of his life, and showed not the least dejection at his captivity. He heard one day a great noise of the treading of people about him; upon which he caused his eyelids to be lifted up, and finding that a crowd of people were let in to see him, he called in high indignation for the governor, who being come, Oppechancanough scornfully told him, that had it been his fortune to take Sir William Berkeley prisoner, he should not meanly have exposed him as a show to the people.

§ 64. After this, Sir William Berkeley made a new peace with the Indians, which continued for a long time unviolated, insomuch that all the thoughts of future injury from them were laid aside. But he himself did not long enjoy the benefit of this profound peace; for the unhappy troubles of king Charles the first increasing in England, proved a great disturbance to him and to all the people. They, to prevent the infection from reaching that country, made severe laws against the Puritans, though there were as yet none among them. But all correspondence with England was interrupted, supplies lessened, and trade obstructed. In a word, all people were impatient to know what would be the event of so much confusion.

§ 65. At last the king was traitorously beheaded in England, and Oliver installed Protector. However his authority was not acknowledged in Virginia for several years after, till they were forced to it by the last necessity. For in the year 1651, by Cromwell's command, Captain Dennis, with a squadron of men of war, arrived there from the Caribbee islands, where they had been subduing Bardoes. The country at first held out vigorously against him, and Sir William Berkeley, by the assistance of such Dutch vessels as were then there, made a brave resistance. But at last Dennis contrived a stratagem, which betrayed the country. He had got a considerable parcel of goods aboard, which belonged to two of the Council, and found a method of informing them of it. By this means they were reduced to the dilemma, either of submitting or losing their goods. This occasioned factions among them; so that at last, after the surrender of all the other English plantations, Sir Wm. was forced to submit to the usurper on the terms of a general pardon. However, it ought to be remembered, to his praise, and to the immortal honor of that colony, that it was the last of all the king's dominions that submitted to the usurpation; and afterwards the first that cast it off, and he never took any post or office under the usurper.

§ 66. Oliver had no sooner subdued the plantations, but he began to contrive how to keep them under, that so they might never be able for the time to come to give him farther trouble. To this end, he thought it necessary to break off their correspondence with all other nations, thereby to prevent their being furnished with arms, ammunition, and other warlike provisions. According to this design, he contrived a severe act of Parliament, whereby he prohibited the plantations from receiving or exporting any European commodities, but what should be carried to them by Englishmen, and in English built ships. They were absolutely forbid corresponding with any nation or colony not subject to the crown of England. Neither was any alien suffered to manage a trade or factory in any of them. In all which things the plantations had been till then indulged, for their encouragement.

§ 67. Notwithstanding this act of navigation, the Protector never thought the plantations enough secured, but frequently changed their governors, to prevent their intriguing with the people. So that, during the time of the usurpation, they had no less than three governors there, namely, Diggs, Bennet and Mathews.

§ 68. The strange arbitrary curbs he put upon the plantations, exceedingly afflicted the people. He had the inhumanity to forbid them all manner of trade and correspondence with other nations, at a time when England itself was in distraction; and could neither take off their commodities, nor supply them sufficiently with its own. Neither had they ever been used to supply them with half the commodities they expended, or to take off above half the tobacco they made. Such violent proceedings made the people desperate, and inspired them with a desire to use the last remedy, to relieve themselves from this lawless usurpation. In a short time afterwards a fair opportunity happened; for Governor Mathews died, and no person was substituted to succeed him in the government. Whereupon the people applied themselves to Sir William Berkeley, (who had continued all this time upon his own plantation in a private capacity,) and unanimously chose him their governor again.

§ 69. Sir William Berkeley had all along retained an unshaken loyalty for the royal family, and therefore generously told the people, that he could not approve of the Protector's rule, and was resolved never to serve anybody but the lawful heir to the crown; and that if he accepted the government, it should be upon their solemn promise, after his example, to venture their lives and fortunes for the king, who was then in France.

This was no great obstacle to them, and therefore with an unanimous voice they told him that they were ready to hazard all for the king. Now this was actually before the king's return for England, and proceeded from a brave principle of loyalty, for which they had no example. Sir William Berkeley embraced their choice, and forthwith proclaimed Charles the second king of England, Scotland, France, Ireland and Virginia, and caused all process to be issued in his name. Thus his majesty was actually king in Virginia, before he was so in England. But it pleased God to restore him soon after to the throne of his ancestors; and so that country escaped being chastised for throwing off the usurpation.

§ 70. Upon the king's restoration, he sent Sir William Berkeley a new commission, with leave to return to England, and power to appoint a deputy in his absence. For his majesty in his exile had received intelligence of this gentleman's loyalty, and during that time had renewed his commission.

§ 71. Upon this, Sir William Berkeley appointed Colonel Francis Morrison Deputy Governor, and went for England to wait on his majesty, by whom he was kindly received. At his return he carried his majesty's pressing instructions for encouraging the people in husbandry and manufactures, but more especially to promote silk and vineyards. There is a tradition, that the king, in compliment to that colony, wore at his coronation a robe made of the silk that was sent from thence. But this was all the reward the country had for their loyalty; for the Parliament was pleased to renew the act contrived by the usurper for discouraging the plantations, with severer restraints and prohibitions by bonds, securities, &c.

§ 72. During the time of Sir William Berkeley's absence, Colonel Morrison had, according to his directions, revised the laws, and compiled them into one body, ready to be confirmed by the assembly at his return. By these laws, the church of England was confirmed the established religion, the charge of the government sustained, trade and manufactures were encouraged, a town projected, and all the Indian affairs settled.

§ 73. The parishes were likewise regulated, competent allowances were made to the ministers, to the value of about fourscore pounds a year, besides glebes and perquisites, and the method of their preferment was settled. Convenient churches and glebes were provided, and all necessary parish officers instituted. Some steps were made also towards a free school and college, and the poor were effectually provided for.

§ 74. For support of the government, the duty of two shillings per hogshead on all tobaccos, and that of one shilling per ton port duty on shipping, were made perpetual; and the collectors were obliged to account for the same to the general assembly.§ 75. For encouragement of manufactures, prizes were appointed for the makers of the best pieces of linen cloth, and a reward of fifty pounds of tobacco was given for each pound of silk. All persons were enjoined to plant mulberry trees, for the food of the silk worm, according to the number of acres of land they held. Tan houses were set up in each county, at the county charge; and public encouragement was given to a salt work on the eastern shore. A reward was appointed in proportion to the tonnage of all sea vessels built there, and an exemption allowed from all fees and duties payable by such shipping.

§ 76. The king had commanded, that all ships trading to Virginia should go to Jamestown, and there enter before they broke bulk. But the assembly, from the impracticableness of that command, excused all, except the James river ships, from that order, and left the others in the rivers they were bound to, to ride dispersed, as the commanders pleased; by whose example the James river ships were no sooner entered with the officer at Jamestown, but they also dispersed themselves to unload, and trade all over the river. By this means the design of towns was totally balked, and this order proved only an ease to the officer of James river, and a means of creating a good place to him.

§ 77. Peace and commerce with the Indians was settled by law, and their boundaries prescribed. Several other acts were made suiting the necessity of the government; so that nothing then seemed to remain, but the improvement of the country, and encouragement of those manufactures the king had been pleased to recommend, together with such others as should be found beneficial.

§ 78. Sir William Berkeley at his return gave sanction to this body of laws, and being then again in full possession of his government, and at perfect peace with the Indians, set all hands industriously to work in making country improvements. He passed a new act for encouragement of Jamestown, whereby several houses were built therein, at the charge of several counties. However, the main ingredient for the advancement of towns was still wanting, namely, the confinement of all shipping and trade to them only, by defect of which all the other expedients availed nothing, for most of the buildings were soon converted into houses of entertainment.

§ 79. Anno 1663, divers sectaries in religion beginning to spread themselves there, great restraints were laid upon them, under severe penalties, to prevent their increase.

This made many of them fly to other colonies, and prevented abundance of others from going over to seat themselves among them. And as the former ill treatment of my Lord Baltimore kept many people away, and drove others to Maryland, so the present severities towards the nonconformists kept off many more, who went to the neighboring colonies.

§ 80. The rigorous circumscription of their trade, the persecutions of the sectaries, and the little demand of tobacco, had like to have had very fatal consequences. For, the poor people becoming thereby very uneasy, their murmurings were watched and fed by several mutinous and rebellious Oliverian soldiers that were sent thither as servants. These, depending upon the discontented people of all sorts, formed a villainous plot to destroy their masters, and afterwards to set up for themselves.

This plot was brought so near to perfection, that it was the very night before the designed execution ere it was discovered; and then it came out by the relenting of one of their accomplices, whose name was Birkenhead. This man was servant to Mr. Smith of Purton, in Gloucester county, near which place, viz. at Poplar Spring, the miscreants were to meet the night following, and put in execution their horrid conspiracy.

§ 81. Upon this discovery by Birkenhead, notice was immediately sent to the governor at Green Spring. And the method he took to prevent it was by private orders, that some of the militia should meet before the time at the place where the conspirators were to rendezvous, and seize them as they came singly up to it. Which orders being happily executed, their devilish plot was defeated. However, there were but a few taken; because several of them making their escape, turned back such of their fellows as they met on the road, and prevented most of them from coming up, or from being discovered.

Four of these rogues were hanged. But Birkenhead was gratified with his freedom, and a reward of two hundred pounds sterling.

§ 82. For the discovery and happy disappointment of this plot, an anniversary thanksgiving was appointed on the 13th of September, the day it was to have been put in execution. And it is great pity some other days are not commemorated as well as that.

§ 83. The news of this plot being transmitted to king Charles the second, his majesty sent his royal commands to build a fort at Jamestown, for security of the governor, and to be a curb upon all such traitorous attempts for the future. But the country, thinking the danger over, only raised a battery of some small pieces of cannon.

§ 84. Another misfortune happened to the plantations this year, which was a new act of parliament in England, laying a severer restraint upon their supplies than formerly. By this act they could have no foreign goods, which were not first landed in England, and carried directly from thence to the plantations, the former restraint of importing them only by Englishmen, in English built shipping, not being thought sufficient.

This was a misfortune that cut with a double edge; for, first, it reduced their staple tobacco to a very low price; and, secondly, it raised the value of European goods to what the merchants pleased to put upon them.

§ 85. For this their assembly could think of no remedy, but to be even with the merchants, and make their tobacco scarce by prohibiting the planting of it for one year; and during that idle year to invite the people to enter upon manufacturing flax and hemp. But Maryland not concurring in this project, they were obliged in their own defence to repeal the act of assembly again, and return to their old drudgery of planting tobacco without profiting by it.

§ 86. The country thus missed of their remedy in the stint of tobacco, which on the contrary multiplied exceedingly by the great increase of servants. This, together with the above mentioned curbs on trade, exasperated the people, because now they found themselves under a necessity of exchanging their commodities with the merchants of England at their own terms. The assembly therefore again attempted the stint of tobacco, and passed another act against planting it for one year. And Carolina and Maryland both agreed to it. But some accident hindering the agent of Carolina from giving notice thereof to Maryland by the day appointed, the governor of that province proclaimed the act void, although every body there knew that Carolina had fully agreed to all things required of them. But he took advantage of this nice punctilio, because of the loss such a diminution would have been to his annual income, and so all people relapsed again into the disease of planting tobacco.

Virginia was more nettled at this ill usage from Maryland, than at her former absolute denial; but were forced to take all patiently, and by fair means get relief, if they could. They therefore appointed agents to reassume the treaty, and submitted so low as to send them to Saint Mary's, then the residence of the governor of Maryland, and the place where the assemblies met. Yet all this condescension could not hold them to their bargain. The governor said he had observed his part of the agreement, and would not call an assembly any more upon that subject.

§ 87. In this manner two whole years were spent, and nothing could be accomplished for their relief. In the mean while England was studious to prevent their receiving supplies from any other country. To do that more effectually, it was thought expedient to confine the trade of that colony to one place. But that not being found practicable, because of the many great rivers that divide their habitations, and the extraordinary conveniences of each, his majesty sent directions to build forts in the several rivers, and enjoined all the ships to ride under those forts; and farther ordered, that those places only should be the ports of trade.

§ 88. This instruction was punctually observed for a year, and preparations were made for ports, by casting up breastworks in such places as the assembly appointed, and the shipping did for that time ride at those places. But the great fire and plague happening in London immediately upon it, made their supplies that year very uncertain, and the terror the people were in, lest the plague should be brought over with the ships from London, prevented them from residing at those ports, for fear of being all swept away at once. And so every body was left at liberty again.

§ 89. Still no favor could be obtained for the tobacco trade, and the English merchants afforded but a bare support of clothing for their crops. The assembly were full enough of resentment, but overlooked their right way of redress. All they could do was to cause looms and workhouses to be set up in the several counties, at the county charge. They renewed the rewards of silk, and put great penalties upon every neglect of making flax and hemp. About this time they sustained some damage by the Dutch war; for which reason they ordered the forts to be rebuilt of brick. But having yet no true notion of the advantage of towns, they did not oblige the ships to ride under them. Which thing alone, well executed, would have answered all their desires.

§ 90. Sir William Berkeley, who was always contriving and industrious for the good of the country, was not contented to set a useful example at home, by the essays he made of potash, flax, hemp, silk, &c., but was also resolved to make new discoveries abroad amongst the Indians.

For this end he employed a small company of about fourteen English, and as many Indians, under the command of Captain Henry Batt, to go upon such an adventure. They set out together from Appomattox, and in seven days' march reached the foot of the mountains. The mountains they first arrived at, were not extraordinary high or steep; but, after they had passed the first ridge, they encountered others that seemed to reach the clouds, and were so perpendicular and full of precipices, that sometimes in a whole day's march, they could not travel three miles in a direct line. In other places they found large level plains and fine savannas, three or four miles wide, in which were an infinite quantity of turkies, deer, elks and buffaloes, so gentle and undisturbed that they had no fear at the appearance of the men, but would suffer them to come almost within reach of their hands. There they also found grapes so prodigiously large, that they seemed more like bullace than grapes. When they traversed these mountains, they came to a fine level country again, and discovered a rivulet that descended backwards. Down that stream they travelled several days, till they came to old fields and cabins, where the Indians had lately been, but were supposed to have fled at the approach of Batt and his company. However, the captain followed the old rule of leaving some toys in their cabins for them to find at their return, by which they might know they were friends. Near to these cabins were great marshes, where the Indians which Captain Batt had with him made a halt, and would positively proceed no farther. They said, that not far off from that place lived a nation of Indians, that made salt, and sold it to their neighbors. That this was a great and powerful people, which never suffered any strangers to return that had once discovered their towns. Captain Batt used all the arguments he could to get them forward, but in vain. And so, to please those timorous Indians, the hopes of this discovery were frustrated, and the detachment was forced to return. In this journey it is supposed that Batt never crossed the great ridge of mountains, but kept up under it to the southward. For of late years the Indian traders have discovered, on this side the mountains, about five hundred miles to the southward, a river they call Oukfuskie, full of broad sunken grounds and marshes, but falling into the bay or great gulf between cape Florida and the mouth of the Mississippi, which I suppose to be the river where Batt saw the Indian cabins and marshes, but is gone to from Virginia without ever piercing the high mountains, and only encountering the point of an elbow, which they make a little to the southward of Virginia.

§ 91. Upon Captain Batt's report to Sir William Berkeley, he resolved to make a journey himself, that so there might be no hinderance for want of sufficient authority, as had been in the aforesaid expedition. To this end he concerted matters for it, and had pitched upon his deputy governor. The assembly also made an act to encourage it. But all these preparations came to nothing, by the confusion which happened there soon after by Bacon's rebellion. And since that, there has never been any such discovery attempted from Virginia, when Governor Spotswood found a passage over the great ridge of mountains, and went over them himself.

§ 92. The occasion of this rebellion is not easy to be discovered: but 'tis certain there were many things that concurred towards it. For it cannot be imagined, that upon the instigation of two or three traders only, who aimed at a monopoly of the Indian trade, as some pretend to say, the whole country would have fallen into so much distraction; in which people did not only hazard their necks by rebellion, but endeavored to ruin a governor, whom they all entirely loved, and had unanimously chosen; a gentleman who had devoted his whole life and estate to the service of the country, and against whom in thirty-five years experience there had never been one single complaint. Neither can it be supposed, that upon so slight grounds, they would make choice of a leader they hardly knew, to oppose a gentleman that had been so long and so deservedly the darling of the people. So that in all probability there was something else in the wind, without which the body of the country had never been engaged in that insurrection.Four things may be reckoned to have been the main ingredients towards this intestine commotion, viz., First, The extreme low price of tobacco, and the ill usage of the planters in the exchange of goods for it, which the country, with all their earnest endeavors, could not remedy. Secondly, The splitting the colony into proprieties, contrary to the original charters; and the extravagant taxes they were forced to undergo, to relieve themselves from those grants. Thirdly, The heavy restraints and burdens laid upon their trade by act of Parliament in England. Fourthly, The disturbance given by the Indians. Of all which in their order.

§ 93. First, Of the low price of tobacco, and the disappointment of all sort of remedy, I have spoken sufficiently before. Secondly, Of splitting the country into proprieties.

King Charles the Second, to gratify some nobles about him, made two great grants out of that country. These grants were not of the uncultivated wood land only, but also of plantations, which for many years had been seated and improved, under the encouragement of several charters granted by his royal ancestors to that colony. Those grants were distinguished by the names of the Northern and Southern grants of Virginia, and the same men were concerned in both. They were kept dormant some years after they were made, and in the year 1674 begun to be put in execution. As soon as ever the country came to know this, they remonstrated against them; and the assembly drew up an humble address to his majesty, complaining of the said grants, as derogatory to the previous charters and privileges granted to that colony, by his majesty and his royal progenitors. They sent to England Mr. Secretary Ludwell and Colonel Park, as their agents to address the king, to vacate those grants. And the better to defray that charge, they laid a tax of fifty pounds of tobacco per poll, for two years together, over and above all other taxes, which was an excessive burden. They likewise laid amercements of seventy, fifty, or thirty pounds of tobacco, as the cause was on every law case tried throughout the country. Besides all this, they applied the balance, remaining due upon account of the two shilling per hogshead, and fort duties, to this use. Which taxes and amercements fell heaviest on the poor people, the effect of whose labor would not clothe their wives and children. This made them desperately uneasy, especially when, after a whole year's patience under all these pressures, they had no encouragement from their agents in England, to hope for remedy; nor any certainty when they should be eased of those heavy impositions.

§ 94. Thirdly, Upon the back of all these misfortunes came out the act of 25 Car. II. for better securing the plantation trade. By this act several duties were laid on the trade from one plantation to another. This was a new hardship, and the rather, because the revenue arising by this act was not applied to the use of the plantations wherein it was raised: but given clear away; nay, in that country it seemed to be of no other use, but to burden the trade, or create a good income to the officers; for the collector had half, the comptroller a quarter, and the remaining quarter was subdivided into salaries, till it was lost.

By the same act also very great duties were laid on the fisheries of the plantations, if manufactured by the English inhabitants there; while the people of England were absolutely free from all customs. Nay, though the oil, blubber and whale bone, which were made by the inhabitants of the plantations, were carried to England by Englishmen, and in English built ships, yet it was held to a considerable duty, more than the inhabitants of England paid.

§ 95. These were the afflictions that country labored under when the fourth accident happened, viz., the disturbance offered by the Indians to the frontiers.

This was occasioned, first, by the Indians on the head of the bay. Secondly, by the Indians on their own frontiers.

First. The Indians at the head of the bay drove a constant trade with the Dutch in Monadas, now called New York; and to carry on this, they used to come every year by the frontiers of Virginia, to hunt and purchase skins and furs of the Indians to the southward. This trade was carried on peaceably while the Dutch held Monadas; and the Indians used to call on the English in Virginia on their return, to whom they would sell part of their furs, and with the rest go on to Monadas. But after the English came to possess that place, and understood the advantages the Virginians made by the trade of their Indians, they inspired them with such a hatred to the inhabitants of Virginia that, instead of coming peaceably to trade with them, as they had done for several years before, they afterwards never came, but only to commit robberies and murders upon the people.

Secondly. The Indians upon their own frontiers were likewise inspired with ill thoughts of them. For their Indian merchants had lost a considerable branch of their trade they knew not how; and apprehended the consequences of Sir William Berkeley's intended discoveries, (espoused by the assembly,) might take away the remaining part of their profit. This made them very troublesome to the neighbor Indians; who on their part, observing an unusual uneasiness in the English, and being terrified by their rough usage, immediately suspected some wicked design against their lives, and so fled to their remoter habitations. This confirmed the English in the belief, that they had been the murderers, till at last they provoked them to be so in earnest.

§ 96. This addition of mischief to minds already full of discontent, made people ready to vent all their resentment against the poor Indians. There was nothing to be got by tobacco; neither could they turn any other manufacture to advantage; so that most of the poorer sort were willing to quit their unprofitable employments, and go volunteers against the Indians.

At first they flocked together tumultuously, running in troops from one plantation to another without a head, till at last the seditious humor of Colonel Nath. Bacon led him to be of the party. This gentleman had been brought up at one of the Inns of court in England, and had a moderate fortune. He was young, bold, active, of an inviting aspect, and powerful elocution. In a word, he was every way qualified to head a giddy and unthinking multitude. Before he had been three years in the country, he was, for his extraordinary qualifications, made one of the council, and in great honor and esteem among the people. For this reason he no sooner gave countenance to this riotous mob, but they all presently fixed their eyes upon him for their general, and accordingly made their addresses to him. As soon as he found this, he harangued them publicly. He aggravated the Indian mischiefs, complaining that they were occasioned for want of a due regulation of their trade. He recounted particularly the other grievances and pressures they lay under, and pretended that he accepted of their command with no other intention but to do them and the country service, in which he was willing to encounter the greatest difficulties and dangers. He farther assured them he would never lay down his arms till he had revenged their sufferings upon the Indians, and redressed all their other grievances.

§ 97. By these insinuations he wrought his men into so perfect an unanimity, that they were one and all at his devotion. He took care to exasperate them to the utmost, by representing all their misfortunes. After he had begun to muster them, he dispatched a messenger to the governor, by whom he aggravated the mischiefs done by the Indians, and desired a commission of general to go out against them. This gentleman was in so great esteem at that time with the council, that the governor did not think fit to give him a flat refusal; but sent him word he would consult the council, and return him a farther answer.

§ 98. In the mean time Bacon was expeditious in his preparations, and having all things in readiness, began his march, depending on the authority the people had given him. He would not lose so much time as to stay for his commission; but dispatched several messengers to the governor to hasten it. On the other hand, the governor, instead of a commission, sent positive orders to him to disperse his men and come down in person to him, upon pain of being declared a rebel.

§ 99. This unexpected order was a great surprise to Bacon, and not a little trouble to his men. However, he was resolved to prosecute his first intentions, depending upon his strength and interest with the people. Nevertheless, he intended to wait upon the governor, but not altogether defenceless. Pursuant to this resolution, he took about forty of his men down with him in a sloop to Jamestown, where the governor was with his council.

§ 100. Matters did not succeed there to Mr. Bacon's satisfaction, wherefore he expressed himself a little too freely. For which, being suspended from the council, he went away again in a huff with his sloop and followers. The governor filled a long boat with men, and pursued the sloop so close, that Colonel Bacon moved into his boat to make more haste. But the governor had sent up by land to the ships at Sandy Point, where he was stopped and sent down again. Upon his return he was kindly received by the governor, who, knowing he had gone a step beyond his instructions in having suspended him, was glad to admit him again of the council; after which he hoped all things might be pacified.

§ 101. Notwithstanding this; Colonel Bacon still insisted upon a commission to be general of the volunteers, and to go out against the Indians; from which the governor endeavored to dissuade him, but to no purpose, because he had some secret project in view. He had the luck to be countenanced in his importunities, by the news of fresh murder and robberies committed by the Indians. However, not being able to accomplish his ends by fair means, he stole privately out of town; and having put himself at the head of six hundred volunteers, marched directly to Jamestown, where the assembly was then sitting. He presented himself before the assembly, and drew up his men in battalia before the house wherein they sat. He urged to them his preparations; and alledged that if the commission had not been delayed so long, the war against the Indians might have been finished.

§ 102. The governor resented this insolent usage worst of all, and now obstinately refused to grant him anything, offering his naked breast against the presented arms of his followers. But the assembly, fearing the fatal consequences of provoking a discontented multitude ready armed, who had the governor, council and assembly entirely in their power, addressed the governor to grant Bacon his request. They prepared themselves the commission, constituting him general of the forces of Virginia, and brought it to the governor to be signed.

With much reluctancy the governor signed it, and thereby put the power of war and peace into Bacon's hands. Upon this he marched away immediately, having gained his end, which was in effect a power to secure a monopoly of the Indian trade to himself and his friends.

§ 103. As soon as General Bacon had marched to such a convenient distance from Jamestown that the assembly thought they might deliberate with safety, the governor, by their advice, issued a proclamation of rebellion against him, commanding his followers to surrender him, and forthwith disperse themselves, giving orders at the same time for raising the militia of the country against him.

§ 104. The people being much exasperated, and General Bacon by his address and eloquence having gained an absolute dominion over their hearts, they unanimously resolved that not a hair of his head should be touched, much less that they should surrender him as a rebel. Therefore they kept to their arms, and instead of proceeding against the Indians they marched back to Jamestown, directing their fury against such of their friends and countrymen as should dare to oppose them.

§ 105. The governor seeing this, fled over the bay to Accomac, whither he hoped the infection of Bacon's conspiracy had not reached. But there, instead of that people's receiving him with open arms, in remembrance of the former services he had done them, they began to make terms with him for redress of their grievances, and for the ease and liberty of trade against the acts of parliament. Thus Sir William, who had been almost the idol of the people, was, by reason of their calamity and jealousy, abandoned by all, except some few, who went over to him from the western shore in sloops and boats, among which one Major Robert Beverley was the most active and successful commander; so that it was sometime before he could make head against Bacon, but left him to range through the country at discretion.

§ 106. General Bacon at first held a convention, of such of the chief gentlemen of the country as would come to him, especially of those about Middle Plantation, who were near at hand. At this convention they made a declaration to justify his unlawful proceedings, and obliged people to take an oath of obedience to him as their general. Then, by their advice, on pretence of the governor's abdication, he called an assembly, by writs signed by himself and four others of the council.

The oath was word for word as follows:

"Whereas the country hath raised an army against our common enemy the Indians, and the same under the command of General Bacon, being upon the point to march forth against the said common enemy, hath been diverted and necessitated to move to the suppressing of forces, by evil disposed persons raised against the said General Bacon, purposely to foment and stir up civil war among us, to the ruin of this his majesty's country. And whereas it is notoriously manifest, that Sir William Berkeley, knight, governor of the country, assisted, counselled and abetted by those evil disposed persons aforesaid, hath not only commanded, fomented and stirred up the people to the said civil war, but failing therein, hath withdrawn himself, to the great astonishment of the people, and the unsettlement of the country. And whereas the said army, raised by the country for the causes aforesaid, remain full of dissatisfaction in the middle of the country, expecting attempts from the said governor and the evil counsellers aforesaid. And since no proper means have been found out for the settlement of the distractions, and preventing the horrid outrages and murders daily committed in many places of the country by the barbarous enemy, it hath been thought fit by the said general, to call unto him all such sober and discreet gentlemen as the present circumstances of the country will admit, to the Middle Plantation, to consult and advise of re-establishing the peace of the country. So we, the said gentlemen, being this third of August, 1676, accordingly met, do advise, resolve, declare and conclude, and for ourselves do swear in manner following:

1st. That we will at all times join with the said general Bacon and his army, against the common enemy in all points whatsoever.

2nd. That whereas certain persons have lately contrived and designed the raising forces against the said general, and the army under his command, thereby to beget a civil war, we will endeavor the discovery and apprehending of all and every of those evil disposed persons, and them secure, until farther order from the general.

3rd. And whereas it is credibly reported, that the governor hath informed the king's majesty that the said general, and the people of the country in arms under his command, their aiders and abettors, are rebellious, and removed from their allegiance; and that upon such like information, he, the said governor, hath advised and petitioned the king to send forces to reduce them, we do farther declare and believe in our consciences, that it consists with the welfare of this country, and with our allegiance to his most sacred majesty, that we, the inhabitants of Virginia, to the utmost of our power, do oppose and suppress all forces whatsoever of that nature, until such time as the king be fully informed of the state of the case, by such person or persons as shall be sent from the said Nathaniel Bacon, in the behalf of the people, and the determination thereof be remitted hither. And we do swear, that we will him, the said general, and the army under his command, aid and assist accordingly."

§ 108. By this time the governor had got together a small party to side with him. These he furnished with sloops, arms and ammunition, under command of Major Robert Beverley, in order to cross the bay and oppose the malcontents. By this means there happened some skirmishes, in which several were killed, and others taken prisoners. Thus they were going on by a civil war to destroy one another, and lay waste their infant country, when it pleased God, after some months' confusion, to put an end to their misfortunes, as well as to Bacon's designs, by his natural death. He died at Dr. Green's in Gloucester county. But where he was buried was never yet discovered, though afterward there was great inquiry made, with design to expose his bones to public infamy.

§ 109. In the meanwhile those disorders occasioned a general neglect of husbandry, and a great destruction of the stocks of cattle, so that people had a dreadful prospect of want and famine. But the malcontents being thus disunited by the loss of their general, in whom they all confided, they began to squabble among themselves, and every man's business was, how to make the best terms he could for himself.

Lieutenant General Ingram, (whose true name was Johnson) and Major General Walklate, surrendered, on condition of pardon for themselves and their followers, though they were both forced to submit to an incapacity of bearing office in that country for the future.

Peace being thus restored, Sir William Berkeley returned to his former seat of government, and every man to his several habitation.

§ 110. While this intestine war was fomenting there, the agents of the country in England could not succeed in their remonstrance against the propriety grants, though they were told that those grants should be revoked. But the news of their civil war reaching England about the same time, the king would then proceed no farther in that matter. So the agents thought it their best way to compound with the proprietors. Accordingly they agreed with them for four hundred pounds a man, which was paid. And so all the clamor against those grants ended; neither was any more heard from them there till above a dozen years afterwards.

§ 111. But all those agents could obtain after their composition with the lords, was merely the name of a new charter, granting only so much of their former constitution as mentioned a residence of the governor or deputy; a granting of escheat lands for two pounds of tobacco per acre, composition; and that the lands should be held of the crown in the same tenure as East Greenwich, that is, free and common soccage, and have their immediate dependence on the crown.

§ 112. When this storm, occasioned by Bacon, was blown over, and all things quiet again, Sir William Berkeley called an assembly, for settling the affairs of the country, and for making reparation to such as had been oppressed. After which a regiment of soldiers arrived from England, which were sent to suppress the insurrection; but they, coming after the business was over, had no occasion to exercise their courage. However, they were kept on foot there about three years after, and in the Lord Colepepper's time, paid off and disbanded.

§ 113. The confusion occasioned by the civil war, and the advantage the Indians made of it in butchering the English upon all their frontiers, caused such a desolation, and put the country so far back, that to the year 1704 they had seated very little beyond the boundaries that were then inhabited. At that time Jamestown was again burnt down to the ground by Richard Laurence, one of Bacon's captains, who, when his own men, that abhorred such barbarity, refused to obey his command, he himself became the executioner, and fired the houses with his own hands. This unhappy town did never after arrive to the perfection it then had: and now it is almost deserted by removing in Governor Nicholson's time the assembly and general court from thence to Williamsburg, an inland place about seven miles from it.

§ 114. With the regiment above mentioned arrived commissioners, to enquire into the occasion and authors of this rebellion; and Sir William Berkeley came to England: where from the time of his arrival, his sickness obliged him to keep his chamber till he died; so that he had no opportunity of kissing the king's hand. But his majesty declared himself well satisfied with his conduct in Virginia, and was very kind to him during his sickness, often enquiring after his health, and commanding him not to hazard it by too early an endeavor to come to court.

§ 115. Upon Sir William Berkeley's voyage to England, Herbert Jeffreys, Esq., was appointed governor. He made formal articles of peace with the Indians, and held an assembly at Middle Plantation, wherein they settled and allowed a free trade with the Indians; but restrained it to certain marts, to which the Indians should bring their commodities: and this also to be under such certain rules as were by that assembly directed. But this method was not agreeable to the Indians, who had never before been under any regulation. They thought, that if all former usages were not restored, the peace was not perfect; and therefore did not much rely upon it, which made those new restrictions useless.

Governor Jeffreys his time was very short there, he being taken off by death the year following.

§ 116. After him Sir Henry Chicheley was made deputy governor, in the latter end of the year 1678. In his time the assembly, for the greater terror of the Indians, built magazines at the heads of the four great rivers, and furnished them with arms, ammunition and men in constant service.This assembly also prohibited the importation of tobacco, which Carolina, and sometimes Maryland, were wont to send thither, in order to its being shipped off for England. But in that, I think, Virginia mistook her interest. For, had they permitted this custom to become habitual, and thus engrossed the shipping, as would soon have happened, they could easily have regulated the trade of tobacco at any time, without the concurrence of those other colonies, and without submitting to their perverse humors as formerly.

§ 117. The spring following, Thomas Lord Colepepper arrived there governor, and carried with him some laws, which had been drawn up in England, to be enacted in their assembly. And coming with the advantage of restoring peace to a troubled nation, it was not difficult for him to obtain whatever he pleased from the people. His influence too was the greater by the power he had of pardoning those who had a hand in the disorders committed in the late rebellion.

§ 118. In his first assembly he passed several acts very obliging to the country, viz., First, an act of naturalization, whereby the power of naturalizing foreigners was placed in the governor. Secondly, an act for cohabitation and encouragement of trade and manufactures; whereby a certain place in each county was appointed for a town, in which all goods imported and exported were to be landed and shipped off, bought and sold. Which act was kindly brought to nothing by the opposition of the tobacco merchants of England. Thirdly, an act of general pardon and oblivion, whereby all the transgressions and outrages committed in the time of the late rebellion were entirely remitted; and reparation allowed to people that should be evil spoken of on that account.

§ 119. By passing some laws that obliged the country, the Lord Colepepper carried one that was very pleasing to himself, viz., the act for raising a public revenue for the better support of the government. By this he got the duties contained therein to be made perpetual; and that the money, which before used to be accounted for to the assembly, should be from thenceforth disposed of by his majesty's sole direction, for the support of the government. When this was done, he obtained of the king out of the said duties a salary of two thousand pounds per annum, instead of one thousand, which was formerly allowed. Also one hundred and sixty pounds per annum for house rent, besides all the usual perquisites.

§ 120. In those submissive times his lordship reduced the greatest perquisite of his place to a certainty, which before that was only gratuitous; that is, instead of the masters of ships making presents of liquors or provisions towards the governor's house keeping, as they were wont to do, he demanded a certain sum of money, remitting that custom. This rate has ever since been demanded of all commanders as a duty; and is twenty shillings for each ship or vessel, under an hundred tons, and thirty shillings for each ship upwards of that burden, to be paid every voyage, or port clearing.

§ 121. This noble lord seemed to lament the unhappy state of the country in relation to their coin. He was tenderly concerned that all their cash should be drained away by the neighboring colonies, which had not set so low an estimate upon it as Virginia; and therefore he proposed the raising of it.

This was what the country had formerly desired, and the assembly was about making a law for it: but his lordship stopped them, alledging it was the king's prerogative, by virtue of which he would do it by proclamation. This they did not approve of, well knowing, if that were the case, his lordship and every other governor would at any time have the same prerogative of altering it, and so people should never be at any certainty; as they quickly after found from his own practice. For his drift was only to make advantage of paying the soldiers; money for that purpose being put into his lordship's hands, he provided light pieces of eight, which he with this view had bought at a cheap rate. When this contrivance was ripe for execution, he extended the royal prerogative, and issued forth a proclamation for raising the value of pieces of eight from five to six shillings; and as soon as they were admitted current at that value, he produced an order for paying and disbanding the soldiers. Then those poor fellows, and such as had maintained them, were forced to take their pay in those light pieces of eight, at six shillings. But his lordship soon after himself found the inconvenience of that proclamation; for people began to pay their duties, and their ship money in coin of that high estimate, which was like to cut short both his lordship's perquisites; and so he was forced to make use of the same prerogative, to reduce the money again to its former standard.

§ 122. In less than a year the Lord Colepepper returned to England, leaving Sir Henry Chicheley deputy governor.

The country being then settled again, made too much tobacco, or too much trash tobacco, for the market; and the merchants would hardly allow the planter any thing for it.

This occasioned much uneasiness again, and the people, from former experience, despairing of succeeding in any agreement with the neighboring governments, resolved a total destruction of the tobacco in that country, especially of the sweet scented; because that was planted no where else. In pursuance of which design, they contrived that all the plants should be destroyed, while they were yet in the beds, and after it was too late to sow more.

Accordingly the ringleaders in this project began with their own first, and then went to cut up the plants of such of their neighbors as were not willing to do it themselves. However, they had not resolution enough to go through with their work.

This was adjudged sedition and felony. Several people were committed upon it, and some condemned to be hanged. And afterwards the assembly passed a law to make such proceedings felony for the future, (whatever it was before,) provided the company kept together after warning by a justice.§ 123. After this accident of plant cutting, the Lord Colepepper returned, and held his second assembly, in which he contrived to gain another great advantage over the country. His lordship, in his first voyage thither, perceiving how easily he could twist and manage the people, conceived new hopes of retrieving the propriety of the Northern Neck, as being so small a part of the colony. He conceived that while the remainder escaped free, which was far the greater part, they would not engage in the interest of the lesser number; especially considering the discouragements they had met with before, in their former solicitation: though all this while, and for many years afterwards, his lordship did not pretend to lay public claim to any part of the propriety.

It did not square with this project that appeals should be made to the general assembly, as till then had been the custom. He feared the burgesses would be too much in the interest of their countrymen, and adjudge the inhabitants of the Northern Neck to have an equal liberty and privilege in their estates with the rest of Virginia, as being settled upon the same foot. In order therefore to make a better pennyworth of those poor people, he studied to overturn this odious method of appealing to the assembly, and to fix the last resort in another court.

To bring this point about, his lordship contrived to blow up a difference in the assembly between the council and the burgesses, privately encouraging the burgesses to insist upon the privilege of determining all appeals by themselves, exclusive of the council; because they, having given their opinions before in the general court, were, for that reason, unfit judges in appeals from themselves to the assembly. This succeeded according to his wish, and the burgesses bit at the bait, under the notion of privilege, never dreaming of the snake that lay in the grass, nor considering the danger of altering an old constitution so abruptly. Thus my lord gained his end; for he represented that quarrel with so many aggravations, that he got an instruction from the king to take away all appeals from the general court to the assembly, and cause them to be made to himself in council, if the thing in demand was of £300 value, otherwise no appeal from the general court.

§ 124. Of this his lordship made sufficient advantage; for in the confusion that happened in the end of king James the Second's reign, viz., in October 1688, he having got an assignment from the other patentees, gained a favorable report from the king's council at law upon his patent for the Northern Neck.

When he had succeeded in this, his lordship's next step was to engage some noted inhabitant of the place to be on his side. Accordingly he made use of his cousin Secretary Spencer, who lived in the said Neck, and was esteemed as wise and great a man as any of the council. This gentleman did but little in his lordship's service, and only gained some few strays, that used to be claimed by the coroner, in behalf of the king.

Upon the death of Mr. Secretary Spencer, he engaged another noted gentleman, an old stander in that country, though not of the Northern Neck, Col. Philip Ludwell, who was then in England. He went over with this grant in the year 1690, and set up an office in the Neck, claiming some escheats; but he likewise could make nothing of it. After him Col. George Brent and Col. William Fitzhugh, that were noted lawyers and inhabitants of the said Neck, were employed in that affair: but succeeded no better than their predecessors. The people, in the mean while, complained frequently to their assemblies, who at last made another address to the king; but there being no agent in England to prosecute it, that likewise miscarried. At last Colonel Richard Lee, one of the council, a man of note and inhabitant of the Northern Neck, privately made a composition with the proprietors themselves for his own land. This broke the ice, and several were induced to follow so great an example; so that by degrees, they were generally brought to pay their quit-rents into the hands of the proprietors' agents. And now at last it is managed for them by Col. Robert Carter, another of the council, and the greatest freeholder in that proprietary.

§ 125. To return to my Lord Colepepper's government, I cannot omit a useful thing which his lordship was pleased to do, with relation to their courts of justice. It seems, nicety of pleading, with all the juggle of Westminster Hall, was creeping into their courts. The clerks began in some cases to enter the reasons with the judgments, pretending to set precedents of inviolable form to be observed in all future proceedings. This my lord found fault with, and retrenched all dilatory pleas, as prejudicial to justice, keeping the courts close to the merits of the cause, in order to bring it to a speedy determination, according to the innocence of former times, and caused the judgments to be entered up short, without the reason, alledging that their courts were not of so great experience as to be able to make precedents to posterity; who ought to be left at liberty to determine, according to the equity of the controversy before them.

§ 126. In his time also were dismantled the forts built by Sir Henry Chicheley at the heads of the rivers, and the forces there were disbanded, as being too great a charge. The assembly appointed small parties of light horse in their stead, to range by turns upon the frontiers. These being chosen out of the neighboring inhabitants, might afford to serve at easier rates, and yet do the business more effectually; they were raised under the title or name of rangers.

§ 127. After this the Lord Colepepper returned again for England, his second stay not being much longer than the first; and Sir Henry Chicheley being dead, he proclaimed his kinsman, Mr. Secretary Spencer, president, though he was not the eldest member of the council.

§ 128. The next year, being 1684, upon the Lord Colepepper's refusing to return, Francis, Lord Howard of Effingham, was sent over governor. In order to increase his perquisites, he imposed the charge of an annual under seal of twenty shillings each for school masters; five pounds for lawyers at the general court, and fifty shillings each lawyer at the county courts. He also extorted an excessive fee for putting the seal to all probates of wills, and letters of administration, even where the estates of the deceased were of the meanest value. Neither could any be favored with such administration, or probate, without paying that extortion. If any body presumed to remonstrate against it, his lordship's behavior towards that man was very severe. He kept several persons in prison and under confinement, from court to court, without bringing them to trial. Which proceedings, and many others, were so oppressive, that complaints were made thereof to the king, and Colonel Philip Ludwell was appointed agent to appear against him in England. Whereupon the seal-money was taken off.

§ 129. During the first session of assembly in this noble lord's time, the duty on liquors imported from the other English plantations, was first imposed. It was then laid, on pretence of lessening the levy by the poll, for payment of public taxes; but more especially for rebuilding the State house, which had not been rebuilt since Laurence burnt it in Bacon's time.

This duty was at first laid on wine and rum only, at the rate of three pence per gallon, with an exemption of all such as should be imported in the ships of Virginia owners. But the like duty has since been laid on other liquors also, and is raised to four pence per gallon on wine and rum, and one penny per gallon on beer, cider, lime-juice, &c.; and the privilege of Virginia owners taken away, to the great discouragement of their shipping and home trade.

§ 130. This lord, though he pretended to no great skill in legal proceedings, yet he made great innovations in their courts, pretending to follow the English forms. Thus he created a new court of chancery distinct from the general court, who had ever before claimed that jurisdiction. He erected himself into a lord chancellor, taking the gentlemen of the council to sit with him as mere associates and advisers, not having any vote in the causes before them. And that it might have more the air of a new court, he would not so much as sit in the State house, where all the other public business was dispatched, but took the dining-room of a large house for that use. He likewise made arbitrary tables of fees, peculiar to this high court. However, his lordship not beginning this project very long before he left the country, all these innovations came to an end upon his removal, and the jurisdiction returned to the general court again, in the time of Colonel Nathaniel Bacon, whom he left president.

§ 131. During that gentleman's presidency, which began Anno 1689, the project of a college was first agreed upon. The contrivers drew up their scheme, and presented it to the president and council. This was by them approved, and referred to the next assembly. But Colonel Bacon's administration being very short, and no assembly called all the while, this pious design could proceed no farther.

§ 132. Anno 1690, Francis Nicholson, esq., being appointed lieutenant governor under the Lord Effingham, arrived there. This gentleman discoursed freely of country improvements, instituted public exercises, and gave prizes to all those that should excel in the exercises of riding, running, shooting, wrestling, and cudgeling. When the design of a college was communicated to him, he promised it all imaginable encouragement. The first thing desired of him in its behalf, was the calling of an assembly, but this he could by no means agree to, being under obligations to the Lord Effingham to stave off assemblies as long he could, for fear there might be farther representations sent over against his lordship, who was conscious to himself how uneasy the country had been under his despotic administration.

§ 133. When that could not be obtained, then they proposed that a subscription might pass through the colony, to try the humor of the people in general, and see what voluntary contributions they could get towards it. This he granted, and he himself, together with the council, set a generous example to the other gentlemen of the country, so that the subscriptions at last amounted to about two thousand five hundred pounds, in which sum is included the generous benevolences of several merchants of London.

§ 134. Anno 1691, an assembly being called, this design was moved to them, and they espoused it heartily; and soon after made an address to king William and queen Mary in its behalf, and sent the Rev. Mr. James Blair their agent to England to solicit their majesties charter for it.

It was proposed that three things should be taught in this college, viz., languages, divinity, and natural philosophy.

The assembly was so fond of Governor Nicholson at that time, that they presented him with the sum of three hundred pounds, as a testimony of their good disposition towards him. But he having an instruction to receive no present from the country, they drew up an address to their majesties, praying that he might have leave to accept it, which was granted, and he gave one half thereof to the college.

§ 135. Their majesties were well pleased with that pious design of the plantation, and granted a charter, according to the desire of Mr. Blair their agent.

Their majesties were graciously pleased to give near two thousand pounds sterling, the balance then due upon the account of quit-rents, towards the founding the college; and towards the endowing of it, they allowed twenty thousand acres of choice land, together with the revenue arising by the penny per pound on tobacco exported from Virginia and Maryland to the other plantations.

It was a great satisfaction to the archbishops and bishops, to see such a nursery of religion founded in that new world, especially for that it was begun in an episcopal way, and carried on wholly by zealous conformists to the Church of England.

§ 136. In this first assembly, Lieutenant Governor Nicholson passed acts for encouragement of the linen manufacture, and to promote the leather trade by tanning, currying, and shoe making. He also in that session passed a law for cohabitation, and improvement of trade.

Before the next assembly he tacked about, and was quite the reverse of what he was in the first, as to cohabitation. Instead of encouraging ports and towns, he spread abroad his dislike of them; and went among the people finding fault with those things which he and the assembly had unanimously agreed upon the preceding session. Such a violent change there was in him, that it proceeded from some other cause than barely the inconstancy of his temper. He had received directions from those English merchants, who well knew that cohabitation would lessen their consigned trade.

§ 137. In February, 1692, Sir Edmund Andros arrived governor. He began his government with an assembly, which overthrew the good design of ports and towns; but the groundwork of this proceeding was laid before Sir Edmund's arrival. However this assembly proceeded no farther than to suspend the law till their majesties' pleasure should be known. But it seems the merchants in London were dissatisfied, and made public complaints against it, which their majesties were pleased to hear; and afterwards referred the law back to the assembly again, to consider if it were suitable to the circumstances of the country, and to regulate it accordingly. But the assembly did not then proceed any farther in it, the people themselves being infected by the merchants' letters.

§ 138. At this session Mr. Neal's project for a post-office, and his patent of post-master-general in those parts of America, were presented. The assembly made an act to promote that design; but by reason of the inconvenient distance of their habitations, and want of towns, this project fell to nothing.

§ 139. With Sir Edmund Andros, was sent over the college charter; and the subsequent assembly declared, that the subscriptions which had been made to the college were due, and immediately demandable. They likewise gave a duty on the exportation of skins and furs, for its more plentiful endowment, and the foundation of the college was laid.

The subscription money did not come in with the same readiness with which it had been underwritten. However there was enough given by their majesties, and gathered from the people, to keep all hands at work and carry on the building, the foundation whereof they then laid; and the rest, upon suit, had judgment given against them.

§ 140. Sir Edmund Andros was a great encourager of manufactures. In his time fulling-mills were set up by act of assembly. He also gave particular marks of his favor towards the propagating of cotton, which since his time has been much neglected. He was likewise a great lover of method and dispatch in all sorts of business, which made him find fault with the management of the secretary's office. And, indeed, with very good reason; for from the time of Bacon's rebellion till then, there never was any office in the world more negligently kept. Several patents of land were entered blank upon record; many original patents, records and deeds of land, with other matters of great consequence, were thrown loose about the office, and suffered to be dirtied, torn, and eaten by the moths and other insects. But upon this gentleman's accession to the government, he immediately gave directions to reform all these irregularities; he caused the loose and torn records of value to be transcribed into new books, and ordered conveniences to be built within the office for preserving the records from being lost and confounded as before. He prescribed methods to keep the papers dry and clean, and to reduce them into such order, as that any thing might be turned to immediately. But all these conveniences were burnt soon after they were finished, in October 1698, together with the office itself, and the whole State House. But his diligence was so great in that affair, that though his stay afterward in the country was very short, yet he caused all the records and papers which had been saved from the fire to be sorted again and registered in order, and indeed in much better order than ever they had been before. In this condition he left them at his quitting the government.

He made several offers to rebuild the State House in the same place; and had his government continued but six months longer, 'tis probable he would have effected it after such a manner as might have been least burthensome to the people, designing the greatest part at his own cost.

§ 141. Sir Edmund Andros being upon a progress one summer, called at a poor man's house in Stafford county for water. There came out to him an ancient woman, and with her a lively brisk lad about twelve years old. The lad was so ruddy and fair that his complexion gave the governor a curiosity to ask some questions concerning him; and to his great surprise was told that he was the son of that woman at 76 years of age. His excellency, smiling at this improbability, enquired what sort of man had been his father? To this the good woman made no reply, but instantly ran and led her husband to the door, who was then above 100 years old. He confirmed all that the woman had said about the lad, and, notwithstanding his great age, was strong in his limbs and voice; but had lost his sight. The woman for her part was without complaint, and seemed to retain a vigor very uncommon at her years. Sir Edmund was so well pleased with this extraordinary account, that, after having made himself known to them, he offered to take care of the lad; but they would by no means be persuaded to part with him. However, he gave them 20 pounds.

§ 142. In November 1698, Francis Nicholson, Esq., was removed from Maryland, to be governor of Virginia. But he went not then with that smoothness on his brow he had carried with him when he was appointed lieutenant-governor. He talked then no more of improving of manufactures, towns and trade. But instead of encouraging the manufactures, he sent over inhuman memorials against them, opposite to all reason. In one of these, he remonstrates, "that the tobacco of that country often bears so low a price, that it would not yield clothes to the people that make it;" and yet presently after, in the same memorial, he recommends it to the parliament "to pass an act, forbidding the plantations to make their own clothing;" which, in other words, is desiring a charitable law, that the planters shall go naked. In a late memorial concerted between him and his creature Col. Quarrey, 'tis most humbly proposed, "that all the English colonies on the continent of North America be reduced under one government, and under one Viceroy; and that a standing army be there kept on foot to subdue the queen's enemies;" surmising that they were intending to set up for themselves.

§ 143. He began his government with a shew of zeal for the church. In the latter end of his time, one half of the intended building, that is two sides of the square, was carried up and finished, in which were allotted the public hall, the apartments and conveniences for several masters and scholars, and the public offices for the domestics: the masters and scholars were also settled in it, and it had its regular visitations from the visitors and governors thereof.

§ 144. Soon after his accession to the government, he procured the assembly and courts of judicature to be removed from Jamestown, where there were good accommodations for people, to Middle Plantation, where there were none. There he flattered himself with the fond imagination of being the founder of a new city. He marked out the streets in many places so as that they might represent the figure of a W, in memory of his late majesty King William, after whose name the town was called Williamsburg. There he procured a stately fabric to be erected, which he placed opposite to the college, and graced it with the magnificent name of the capitol.

§ 145. In the second year of this gentleman's government, there happened an adventure very fortunate for him, which gave him much credit, and that was the taking of a pirate within the capes of that country.

It fell out that several merchant ships were got ready, and fallen down to Lynhaven bay, near the mouth of James river, in order for sailing. A pirate being informed of this, and hearing that there was no man of war there, except a sixth rate, ventured within the capes, and took several of the merchant ships. But a small vessel happened to come down the bay, and seeing an engagement between the pirate and a merchantman, made a shift to get into the mouth of James river, where the Shoram, a fifth rate man of war, was newly arrived. The sixth rate, commanded by Capt. John Aldred, was then on the careen in Elizabeth river, in order for her return to England.

The governor happened to be at that time at Kiquotan, sealing up his letters, and Capt. Passenger, commander of the Shoram, was ashore, to pay his respects to him. In the meanwhile news was brought that a pirate was within the capes; upon which the captain was in haste to go aboard his ship; but the governor stayed him a little, promising to go along with him. The captain soon after asked his excuse, and went off, leaving him another boat, if he pleased to follow. It was about one o'clock in the afternoon when the news was brought; but 'twas within night before his excellency went aboard, staying all that while ashore upon some weighty occasions. At last he followed, and by break of day the man of war was fairly out between the capes and the pirate; where, after ten hours sharp engagement, the pirate was obliged to strike and surrender upon the terms of being left to the king's mercy.

Now it happened that three men of this pirate's gang were not on board their own ship at the time of the surrender, and so were not included in the articles of capitulation, but were tried in that country. In summing up the charge against them (the governor being present) the attorney-general extolled his excellency's mighty courage and conduct, as if the honor of taking the pirate had been due to him. Upon this, Capt. Passenger took the freedom to interrupt Mr. Attorney in open court, and said that he was commander of the Shoram; that the pirates were his prisoners; and that no body had pretended to command in that engagement but himself: he farther desired that the governor, who was then present, would do him the justice to confess whether he had given the least word of command all that day, or directed any one thing during the whole fight. This, his excellency acknowledged, was true; and fairly yielded the honor of that exploit to the captain.

§ 146. This governor likewise gained some reputation by another instance of his management, whereby he let the world know the violent passion he had to publish his own fame.

To get honor in New York, he had zealously recommended to the court of England the necessity that Virginia should contribute a certain quota of men, or else a sum of money, towards the building and maintaining a fort at New York. The reason he gave for this, was, because New York was their barrier, and as such, it was but justice they should help to defend it. This was by order of his late majesty King William proposed to the assembly; but upon the most solid reasons they humbly remonstrated, "that neither the forts then in being, nor any other that might be built in the province of New York, could in the least avail to the defence and security of Virginia; for that either the French or the northern Indians might invade that colony, and not come within an hundred miles of any such fort." The truth of these objections are obvious to any one that ever looked on the maps of that part of the world. But the secret of the whole business in plain terms was this: Those forts were necessary for New York, to enable that province to engross the trade of the neighbor Indians, which Virginia had sometimes shared in, when the Indians rambled to the southward.

Now the glory Col. Nicholson got in that affair was this: after he had represented Virginia as republican and rebellious for not complying with his proposal, he said publicly that New York should not want the 900 pounds, though he paid it out of his own pocket, and soon after took a journey to that province.

When he arrived there, he blamed Virginia very much, but pretending earnest desires to serve New York, gave his own bills of exchange for 900 pounds to the aforesaid use, but prudently took a defeasance from the gentleman to whom they were given, specifying, "that till her majesty should be graciously pleased to remit him the money out of the quit rents of Virginia, those bills should never be made use of." This was an admirable piece of sham generosity, and worthy of the great pains he took to proclaim it. I myself have frequently heard him boast that he gave this money out of his own pocket, and only depended on the queen's bounty to repay him: though the money is not paid by him to this day.

§ 147. Neither was he contented to spread abroad this untruth there; but he also foisted it into a memorial of Col. Quarry's to the council of trade, in which are these words: "As soon as Governor Nicholson found the assembly of Virginia would not see their own interest, nor comply with her majesty's orders, he went immediately to New York; and out of his great zeal to the queen's service, and the security of her province, he gave his own bills for 900 pounds to answer the quota of Virginia, wholly depending on her majesty's favor to reimburse him out of the revenues in that province.

Certainly his excellency and Colonel Quarry, by whose joint wisdom and sincerity this memorial was composed, must believe that the council of trade have very imperfect intelligence how matters pass in that part of the world, or else they would not presume to impose such a banter upon them."

But this is nothing, if compared with some other passages of that unjust representation, wherein they took upon them to describe the people of "Virginia to be both numerous and rich, of republican notions and principles such as ought to be corrected and lowered in time; and that then, or never, was the time to maintain the queen's prerogatives, and put a stop to those wrong, pernicious notions which were improving daily, not only in Virginia but in all her majesty's other governments. A frown now from her majesty will do more than an army hereafter," &c.

With those inhuman, false imputations, did those gentlemen afterwards introduce the necessity of a standing army.

§ 148. Thus did this gentleman continue to rule till August 1705, when Edward Nott, esq., arrived governor, and gave ease to the country by a mild rule. His commission was to be governor-general, but part of his salary was paid my Lord Orkney as chief. Governor Nott had the general commission given him, because it was suggested that that method, viz: the supreme title, would give the greater awe, and the better put the country to rights.

§ 149. Governor Nott called an assembly the fall after his arrival, who passed the general revisal of the laws, which had been too long in hand. But that part of it which related to the church and clergy Mr. Commissary could not be pleased in; wherefore that bill was dropt, and so it lies at this day.

§ 150. This assembly also passed a new law for ports and towns, grounding it only upon encouragements, according to her majesty's letter to that purpose. But it seems this also could not please the Virginia merchants in England, for they complained against it to the crown, and so it was also suspended.

§ 151. This assembly also passed the law making slaves a real estate, which made a great alteration in the nature of their estates, and becomes a very good security for orphans whose parents happened to die intestate.

§ 152. This assembly also voted a house to be built for the governor's residence, and laid duties to raise the money for it. But his excellency lived not to see much effected therein, being taken off by death in August 1706. In the first year of his government the college was burnt down to the ground.

§ 153. After this governor's death, their being no other nominated by her majesty to succeed him, the government fell into the hands of Edmund Jenings, Esq., the president, and the council, who held no assembly during his time, neither did anything of note happen here. Only we heard that Brigadier Robert Hunter received commission to be lieutenant-governor under George, Earl of Orkney, the chief, and set out for Virginia, but was taken prisoner into France.

§ 154. During Brigadier Hunter's confinement in France, a new commission issued to Colonel Alexander Spotswood to be lieutenant-governor, who arrived here in Anno 1710. He, to the extraordinary benefit of this country, still continues governor, having improved it beyond imagination. His conduct has produced wonders. But it would not become me to affront his modesty by publishing those innumerable benefits of his administration to his face; therefore I shall leave them to adorn the brighter history of some abler penman.


BOOK II.


OF THE NATURAL PRODUCT AND CONVENIENCES OF VIRGINIA IN ITS UNIMPROVED STATE, BEFORE THE ENGLISH WENT THITHER.


                                                                                                                                                                                                                                                                                                           

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