[344:A] James City Records, cited in "Farmer's Register" for 1839, p. 407
[344:B] Dr. Williamson, of Williamsburg, obligingly sent me the inscription and the coat of arms, as copied by him from her tombstone, which was ploughed up on the banks of Queen's Creek.
[345:A] Beverley, B. i. 92.
[346:A] The following gentlemen, nominated by the assembly, were constituted a senate, or board of trustees: Francis Nicholson, lieutenant-governor of the colony; William Cole, Ralph Wormley, William Byrd, Esquires, of the council; John Leare, James Blair, John Farnifold, Stephen Fauce, and Samuel Gray, clerks (clergymen;) Thomas Milner, Christopher Robinson, Charles Scarburgh, John Smith, Benjamin Harrison, Miles Cary, Henry Hartwell, William Randolph, and Matthew Page, gentlemen and burgesses.
[346:B] Franklin's Correspondence.
[347:A] Hening, iii. 123, 241, 356: Catalogue of William and Mary College.
[347:B] Anderson's Hist. of Church of England in the Colonies, second ed., iii. 108.
CHAPTER XLIII.
1696-1698.
State and Condition of Virginia—Exhausting Agriculture—Depression of Mechanic Art—Merchants—Current Coin—Grants of Land—Powers of Governor—The Council—Court of Claims—County Courts—General Court—Secretary, Sheriffs, Collectors, and Vestries—Revenue—The Church.
The following statistical account of Virginia appears to have been reported by Lord Culpepper, in 1781, to the Committee of the colonies. It is to be found in the Historical Collections of Massachusetts,[349:A] the manuscript having been communicated by Carter B. Harrison, Esq., of Virginia, by the hands of the Rev. John Jones Spooner, corresponding member. The picture is harsh, but drawn by a vigorous hand, without fear, favor, or affection.
In point of natural advantages Virginia was surpassed by few countries on the globe, but in commerce, manufactures, education, government in church and state, was one of the poorest and most miserable. The staple tobacco swallowed up every thing, so that the markets were often glutted with bad tobacco, which became a mere drug, and would not pay freight and customs. Perhaps not one hundredth part of the land was yet cleared, and none of the marsh or swamp drained. As fast as the soil was worn out by exhausting crops of tobacco and corn, it was left to grow up again in woods. The plough was not much used, in the first clearing the roots and stumps being left, and the ground tilled only with hoes, and by the time the stumps were decayed the ground was worn out. Manure was neglected. Of grain the planters usually raised only enough for home consumption, there being no market for it, and scarce any money. But their main labor in this crop being in the summer, they fell into habits of indolence for the rest of the year. The circumstances of the country, destitute of towns, and consisting of dispersed plantations, were unfavorable for mechanics, then called tradesmen. The depression of this useful and important class although lessened, continues in the present day, and appears to be inevitably connected with the system of negro slavery. It is a tax paid by the whites for the elevation of the black race. The merchants were the most prosperous class in the colony, but they labored under great disadvantages, being obliged to sell on credit, and to carry on "a pitiful retail trade," and to depend on the receivers who went about among the planters to receive the tobacco due, and this mode of collecting was subject to great delays and losses. The native-born Virginians, who for the most part had never been out of the colony, were averse to town life, and felt dissatisfied, like Daniel Boone in more modern times, whenever "the settlements became too thick." The scarcity of money was aggravated by the governor, who found it to his interest to be paid in tobacco. The current coin of the dominion of Virginia consisted of pieces of eight, the value of which was fixed by law at five shillings; and the value being made greater in Pennsylvania money, they were consequently drained from Virginia, as at the present day gold and silver are ostracised by a depreciated paper currency.
The method of settling the colonial territory was by the king's grant of fifty acres to every actual settler, but this rule was evaded and perverted in various ways, and rights for that quantity of land could easily be purchased from the clerks in the secretary's office at from one to five shillings each. The powers of the governor were extensive; he was a sort of viceroy, being commander-in-chief and vice-admiral, lord treasurer in issuing warrants for the paying of moneys, lord chancellor or lord keeper as passing grants under the colony's seal, president of the council, chief justice of the courts, with some powers of a bishop or ordinary. The governors managed to evade the king's instructions, and by official patronage to silence the opposition of the council, and even to hold the burgesses in check. The governor and councillors were all colonels and honorable, and their adherents monopolized the offices. The governor's salary was for many years one thousand pounds per annum, to which the assembly added perquisites, amounting to five hundred more, and a further addition of two hundred pounds was made to Sir William Berkley's salary, making the whole salary seventeen hundred pounds. The council, in effect the creatures and clients of the governor, being appointed at his nomination, and receiving office and place from him, had the powers of council of state, (in case of vacancy of the governor the oldest of them ex officio acting as president ad interim,) of upper house of assembly or house of lords, in the general court of supreme judges, and as colonels, answering to the English lord-lieutenants of counties. The councillors were also naval officers in the customs department, collectors of the revenue, farmers of the king's quit-rents; out of the council were chosen the secretary, auditor, and escheators; the councillors were exempt from arrests, and had a compensation of three hundred and fifty pounds divided among them, according to their attendance. They met together after the manner of the king and council. Their clerk received fifty pounds per annum salary, besides perquisites. The office of collector, held by members of the council, was indeed incompatible with their office of judge, and their office of councillor unfitted them for auditing their own accounts as collectors, and in different capacities they both bought and sold the royal quit-rents.[351:A]
Upon the election of burgesses there was commonly held a court, called a court of claims, where all who had any claims against the public might present them to the burgesses, together with any propositions or grievances, "all which the burgesses carry to the assembly." There was at that early day much confusion in the laws, and it was difficult to know what laws were in force and what were not. All causes were decided in the county court or in the general court. The county court consisted of eight or ten gentlemen, receiving their commission from the governor, who renewed it annually. They met once a month, or once in two months, and had cognizance of all causes exceeding in value twenty shillings, or two hundred pounds of tobacco. These country gentlemen, having no education in law, not unfrequently fell into mistakes in substance and in form. The insufficiency of these courts was now growing more apparent than formerly, since the old stock of gentry, who were educated in England, were better acquainted with law and with the business of the world than their sons and grandsons, who were brought up in Virginia, and commonly knew only reading, writing, and arithmetic, and were not very proficient in them.
The general court, so called because it had jurisdiction of causes from all parts of the colony, was held twice a year, in April and October, by the governor and council as judges, at Jamestown. This court was never commissioned, but grew up by custom or usurpation; from it there was no appeal, except in cases of over three hundred pounds sterling value, to the king, which was for most persons impracticable, on account of the distance and the expensiveness. Virginia appears to have been the only colony where the executive constituted the supreme court. The general court tried all causes of above sixteen pounds sterling, or sixteen hundred pounds of tobacco in value, and all appeals from the county courts, and it had cognizance of all causes in chancery, in king's bench, the common pleas, the exchequer, the admiralty, and spirituality. The forms of proceeding in the general court were quite irregular. The duties of the secretary were as multifarious as those of the governor; it was, however, for the most part a sinecure, the business being performed by a clerk, styled the clerk of the general court, who also employed one or two clerks under him. The secretary, who was properly the clerk of the court, yet sate as judge of that court.
The governor signed all patents or deeds of land, and there was a recital in them that he granted the land "by and with the consent of the council," yet the patents were never read by the governor, nor did the council take any notice of them. He likewise countersigned the patents after the words "compared, and agrees with the original," yet the secretary never read or compared them, and indeed the patent which he signed was itself the original. "Men make laws, but we live by custom." The sheriffs collected all money duties. The auditor audited the accounts of the collectors, and was receiver-general of all public moneys. The parish levy, for the support of the church and of the poor, was assessed by the vestry, about the month of October, when tobacco was ready; the whole amount assessed was divided by the number of tithables of the parish, and collected from the heads of families. The county levy for county expenses was assessed by the justices of the peace, and the sum divided by the number of tithables in the county. The public levy was assessed by the assembly for the general expenses of the colony, and the sum was divided by the number of tithables in the colony, amounting in the year 1690 to about twenty thousand. The three levies were all collected by the sheriffs; they averaged about one hundred pounds of tobacco for each tithable, the aggregate amounting to two millions of pounds per annum.
The revenues and customs that came into the auditor's hands were of four kinds: First, the quit-rents, being one shilling per annum on every fifty acres of land, payable in tobacco, at one penny per pound, or twenty-four pounds of tobacco for every hundred acres. In the Northern Neck, lying between the Potomac and Rappahannock, the quit-rents were paid by the heirs of Lord Culpepper. The tobacco due for quit-rents was sold by the auditor to the several members of the council, who paid for it in money, or bills of exchange, according to the quantity. The quit-rent revenue amounted to about eight hundred pounds sterling per annum. The second source of revenue consisted of two shillings per hogshead, export duty, on tobacco, and fort duties, being fifteen pence per ton on all vessels arriving. These amounted to three thousand pounds sterling per annum. Ten per cent. of this amount was paid to masters of vessels, to induce them to give a true account. The collectors received ten per cent. for collecting, and the auditor seven per cent. The third source of revenue was one penny per pound upon tobacco exported from Virginia to any other English plantation in America. This, as has been mentioned, was, in 1692, granted to the college of William and Mary. The college paid for collecting it no less than twenty per cent., and to the auditor five per cent. The nett proceeds were worth one hundred pounds annually. The fourth source of revenue was any money duty that might be raised by the assembly.
The governor was lieutenant-general, the councillors lieutenants of counties, with the title of colonel, and in counties where no councillor resided, some other person was appointed, with the rank of major. The people in general professed to be of the Church of England. The only dissenters were three or four meetings of Quakers and one of Presbyterians. There were fifty parishes, and in each two, and sometimes three, churches and chapels. The division of the parishes was unequal and inconvenient. The governor had always held the government of the church, as of everything else, in his hands. Ministers were obliged to produce their orders to him, and show that they had been episcopally ordained. The power of presentation was, by a colonial law, in the vestry, but by a custom of hiring preachers by the year, it came to pass that presentation rarely took place. The consequence was that a good minister either would not come to Virginia, or if he did, was soon driven away by the high-handed proceedings of the vestry. The minister was obliged to be careful how he preached against the vices that any great man of the vestry was guilty of, else he would be in danger of losing his living at the end of the year. They held them by a precarious tenure, like that of chaplains; they were mere tenants at sufferance. There were not half as many ministers in Virginia as parishes. The governor connived at this state of things. The minister's salary was sixteen thousand pounds of tobacco per annum. King Charles the Second gave the Bishop of London jurisdiction over the church in the plantations, in all matters except three, viz.: marriage licenses, probates of wills, and induction of ministers, which were reserved to the governor. The bishop's commissary made visitation of the churches and inspection of the clergy. He received no salary, but was allowed, by the king, one hundred pounds per annum out of the quit-rents.[355:A]
FOOTNOTES:
[349:A] First Series, v. 124.
[351:A] The council, in the time of Governor Andros, consisted of Ralph Wormley, collector and naval officer of Rappahannock River; Colonel Richard Lee, collector and naval officer of upper district of Potomac River—these two having been appointed while Sir William Berkley was governor; Colonel William Byrd, who was appointed auditor during Lord Culpepper's administration; Colonel Christopher Wormley, collector and naval officer of the lower district of the Potomac River, appointed while Lord Effingham was governor; Colonel Edward Hill, collector and naval officer of upper district of James River; Colonel Edmund Jennings, collector and naval officer of York River—these two being appointed in Lord Effingham's time; Colonel Daniel Parke, collector and naval officer of the lower district of James River, and escheator between York and Rappahannock Rivers; Colonel Charles Scarburgh, collector and naval officer on the Eastern Shore, and Mr. John Lightfoot, who had lately arrived in the country—these last four appointed while Sir Edmund Andros was governor.
[355:A] Account of Va., in Mass. Hist. Coll., first series.
CHAPTER XLIV.
1698-1702.
Administration of Andros—Controversy with Blair—The Rev. Hugo Jones' Account of Maryland—Andros succeeded by Nicholson—Alteration in his Conduct—Supposed Cause—Williamsburg made the Seat of Government—His tyrannical Proceedings—Prejudice of Beverley, the Historian—Act against Pirates—Offices of Speaker and Treasurer combined—Capture of a piratical Vessel—Death of Edward Hill—Commencement at William and Mary—Demise of William the Third—Succeeded by Anne—Nicholson's Description of the People of Virginia.
Governor Andros took singular pains in arranging and preserving the public records; and when, in 1698, the State-house was burned, he caused the papers that survived to be arranged with more exactness than before. He ordered that all the English statutes should be law in Virginia; this preposterous rule gave great dissatisfaction. He was a patron of manufactures; but the acts for establishing fulling-mills were rejected by the board of trade. He encouraged the culture of cotton, which, however, fell into disuse.
By royal instructions, Andros was invested with the powers of ordinary, or representative of the king and the bishop of London, in the affairs of the church. This brought him into collision with Commissary Blair, and in 1694 the governor arbitrarily suspended him from his place in the council, to which he had been appointed in the preceding year. While in England on the business of the college, in 1695, the doctor preferred charges against Andros as an enemy to religion, to the church, the clergy, and the college. The charges and the proofs covered thirty-two folio pages of manuscript, and were drawn up with ability. But Blair had to contend with formidable opposition, for Governor Andros sent over to London, in his defence, Colonel Byrd, of Westover, Mr. Harrison, of Surry County, Mr. Povey, who was high in office in the colony, and a Mr. Marshall, to arraign the Rev. Commissary himself before the Bishop of London and the Archbishop of Canterbury. Two days were spent at Lambeth Palace, in the examination, the charges and answers filling fifty-seven folio pages of manuscript, and Dr. Blair's accusers were signally discomfited. Much of the prejudice against him was owing to his being a Scotchman—a prejudice at that time running very high in England. The result was that Blair returned after successfully accomplishing the object of his mission, and having been reinstated in the council by the king. He was, nevertheless, again removed upon a pretence equally frivolous.[357:A] Andros was sent back to England to answer in person the charges alleged against him, and eventually, they being substantiated, he was removed from his office of deputy governor of Virginia.[357:B]
William the Third, by the treaty of Ryswick, in 1697, obtained an acknowledgment of his right to the crown, and vindicated the principles of constitutional freedom.
The Rev. Hugo Jones, author of a work entitled "Present State of Virginia," writing from Maryland in this year, says of the people there: "They are, generally speaking, crafty, knavish, litigious, dissemblers, and debauched. A gentleman (I mean one of a generous Cambro-Briton temper) is rara avis in terris. A man must be circumspect and prudent if he will maintain his reputation among them. Of dealing, it is very true what was told me by a man at London, that none is fit to deal with a Virginian but a Virginian; however, I having made it my business both in London and at sea to inquire into the nature of the people, that I might know the better how to behave myself among them, have gained as good a reputation as in modesty I could expect; neither have I been much imposed upon in my bargains. As to the people's disposition in matters of religion, they will follow none out of the path of interest, and they heartily embrace none but such as will fill the barn and the basket. Most sects are here professed, but in general they are practical atheists."[357:C]
The uncharitable judgments of this narrow-minded writer are not entitled to much weight. Among a people requiring so much ministerial care, he found ample time to devote to the study of natural history, and was curious in the examination of "fishes' bones" and "petrified mushrooms."
In the year 1698 died Thomas Ludwell, Esq., some time secretary of Virginia. He was born at Bruton, County Somerset, England. Sir Edmund Andros was succeeded in November, 1698, by Colonel Nicholson, transferred from the government of Maryland. He entertained a plan of confederating the colonies together, and aspired to become himself the viceroy of the contemplated union. Finding himself thwarted in these projects, his conduct became self-willed and overbearing. In a memorial sent to England, he stated that tobacco bore so low a price as not to yield even clothes to the planters; yet, in the same paper, advised parliament to prohibit the plantations from making their own clothing; in other words, proposing that they should be left to go naked.[358:A] Indeed, he appeared to be quite altered from what he had been during his former administration in Virginia; and the change was thought to be not a little owing to a disappointment in love. He had become passionately attached to a daughter of Lewis Burwell, Jr., and failing to win her favor or that of her parents, in his suit, he became infuriated, and persisted, Quixotically, for years in his fruitless purpose. The young lady's father, and her brothers, and Commissary Blair, and the Rev. Mr. Fouace, minister of the parish, were especial objects of his vengeance. To the young lady he threatened the death of her father and her brothers, if she did not yield to his suit. He committed other outrages no less extraordinary.
For the sake of a healthier situation, Governor Nicholson removed the seat of government from Jamestown, now containing only three or four good inhabited houses, to Middle Plantation, so called from its lying midway between James and York Rivers. Here he projected a large town, laying out the streets in the form of a W and M, in honor of King William and Queen Mary. This plan, however, appears to have been abandoned, or only partially carried out.[359:A] According to the contemporary historian Beverley, Nicholson declared openly to the lower order of people "that the gentlemen imposed upon them; that the servants had all been kidnapped, and had a lawful action against their masters." In the year 1700 Mr. Fowler, the king's attorney-general for the colony, declaring some piece of service against law, the governor seized him by the collar, and swore "that he knew no laws they had, and that his commands should be obeyed without hesitation or reserve." He committed gentlemen who offended him to prison without any complaint, and refused to allow bail; and some of them having intimated to him that such proceedings were illegal, he replied, "that they had no right at all to the liberties of English subjects, and that he would hang up those that should presume to oppose him, with magna charta about their necks." He often extolled the governments of Fez and Morocco, and at a meeting of the governors of the college, told them "that he knew how to govern the Moors, and would beat them into better manners." At another time he avowed that he knew how to govern the country without assemblies, and if they should deny him anything after he had obtained a standing army, "he would bring them to reason with halters about their necks." His outrages made him jealous, and to prevent complaints being sent to England against him, he is said to have intercepted letters, employed spies, and even played the eavesdropper himself. He sometimes held inquisitorial courts to find grounds of accusation against such as incurred his displeasure.[359:B]
Robert Beverley, author of a "History of Virginia," published the first edition of it in 1705. He was a son of Robert Beverley, the persecuted clerk, who died in 1687. This may account somewhat for his extreme acrimony against Culpepper and Effingham, who had persecuted his father, and against Nicholson, who was Effingham's deputy. In his second edition, when time had, perhaps, mitigated his animosities, Beverley omitted many of his accusations against these governors. In favor of Nicholson, it is also to be observed, that his administration in Maryland and in South Carolina was more satisfactory. But it is certain that he was an erratic, Quixotic, irascible man, who could not bear opposition, and an extreme high churchman.
In the eleventh year of William the Third an act was passed for the restraining and punishing of pirates and privateers, the preamble reciting that "nothing can more conduce to the honor of his most sacred majesty than that such articles of peace as are concluded in all treaties should be kept and preserved inviolable by his majesty's subjects in and over all his majesty's territories and dominions, and that great mischief and depredations are daily done upon the high seas by pirates, privateers, and sea-robbers, in not only taking and pillaging several ships and vessels belonging to his majesty's subjects, but also in taking, destroying, and robbing several ships belonging to the subjects of foreign princes, in league and amity with his majesty;" and they prayed that crimes committed on the high seas should be punished as if committed on land, in Virginia.[360:A] A committee was appointed during the same session "to revise the laws of this his majesty's ancient and great colony and dominion of Virginia."[360:B]
Among the subjects upon which a tax was laid for the building of a capitol, were servants imported, not being natives of England or Wales, fifteen shillings per poll, and twenty shillings on every negro or other slave. Colonel Robert Carter, speaker of the house, was elected to fill the office of treasurer; and it came to be the custom for the two offices of speaker and treasurer to be held by the same person. The establishment of the office of a treasurer appointed by the assembly, giving that body control of the colonial purse, added much to the independence of its legislative power.
In the second year of Nicholson's administration a piratical vessel was captured within the capes of Virginia. She had taken some merchant-vessels in Lynhaven Bay, and a small vessel happening to witness an engagement between her and a merchantman, conveyed intelligence of it to the Shoram, a fifth-rate man-of-war, commanded by Captain Passenger, and newly arrived. Nicholson chanced to be at Kiquotan sealing up his letters, and, going on board the Shoram, was present in the engagement that followed. The Shoram, by daybreak, having got in between the capes and the pirate, intercepted her, and an action took place on the 29th of April, 1700, when the pirate surrendered upon condition of being referred to the king's mercy. In this affair fell Peter Heyman, grandson of Sir Peter Heyman, of Summerfield, in the County of Kent, England. Being collector of the customs in the lower district of James River, he volunteered to go on board the Shoram, and after behaving with undaunted courage, standing on the quarter-deck near the governor, was killed by a small shot.
During this year died the Honorable Colonel Edward Hill, of Shirley, on the James River, in the sixty-third year of his age; he was of the council, colonel and commander-in-chief of the Counties of Charles City and Surry, judge of his majesty's high court of admiralty, and some time treasurer of Virginia. He lies buried at Shirley, and a portrait of him and his wife is preserved there.
In the year preceding this, Protestant dissenters, qualified according to the toleration act of the first year of William and Mary, were exempted from penalties for not repairing to the parish church, if they attended some legal place of worship once in two months.[361:A] The press was not yet free in Virginia, and the writ of habeas corpus was still withheld.
There was a commencement at William and Mary College in the year 1700, at which there was a great concourse of people; several planters came thither in coaches, and others in sloops from New York, Pennsylvania, and Maryland, it being a new thing in that part of America to hear graduates perform their exercises. The Indians themselves had the curiosity, some of them, to visit Williamsburg upon that occasion; and the whole country rejoiced as if they had some relish of learning. Fifty-eight years before this there had been celebrated a commencement at Harvard College, in Massachusetts.[362:A]
In the year 1701 Colonel Quarry, surveyor-general of the customs, wrote to the board of trade: "This malignant humor is not confined to Virginia, formerly the most remarkable for loyalty, but is universally diffused."
During the month of March of this year died William the Third. His manner was taciturn, reserved, haughty; his genius military; his decision inflexible. In his fondness of prerogative he showed himself a grandson of the first Charles; as the defender of the Protestant religion, and Prince of Orange, he displayed toleration toward all except Papists. The government of Virginia under him was not materially improved. He was succeeded by Anne, daughter of James the Second. Louis the Fourteenth having recognized the Pretender as lawful heir to the British crown, Anne, shortly after she succeeded to the throne, in 1702, declared war against France, and its ally Spain; but Virginia was not directly affected by the long conflict that ensued. In compliance with the requests of the assembly, the queen granted the colony warlike stores, to the value of three thousand and three hundred pounds, which the governor was directed to pay from the revenue of quit-rents. Her majesty, at the same time, renewed the requisition formerly made by the crown for an appropriation in aid of the defences of New York; but the burgesses still steadily refused.
During the reign of William the Third the commerce of Virginia had been seriously interrupted, and her customary supplies withheld; she, therefore, encouraged the domestic manufacture of linen and wool; but an act for the establishment of fulling-mills was rejected by the board of trade, as also was one for "the better securing the liberty of the subject." Governor Nicholson, in a memorial to the council of trade, described the people of Virginia as numerous, rich, and of republican principles, such as ought to be lowered in time; that then or never was the time to maintain the queen's prerogative, and put a stop to those pernicious notions, which were increasing daily, not only in Virginia, but in all her majesty's other governments, and that a frown from her majesty now would do more than an army thereafter; and he insisted on the necessity of a standing army.[363:A]
FOOTNOTES:
[357:A] Account of Va. in Mass. Hist. Coll., first series, v. 144.
[357:B] Old Churches, Ministers, and Families of Virginia, i. 157.
[357:C] European Magazine, 1796.
[358:A] Beverley, B. i. 98.
[359:A] Hugh Jones' Present State of Virginia; Beverley, B. i. 99; Va. Hist. Reg., vi. 15.
[359:B] Beverley, B. i. 97.
[360:A] Hening, iii. 177.
[360:B] The members of it were Edward Hill, Matthew Page, and Benjamin Harrison, Esquires, members of the council; and Miles Cary, John Taylor, Robert Beverley, Anthony Armistead, Henry Duke, and William Buckner, gentlemen of the house of burgesses.
[361:A] Hening, iii. 171.
[362:A] In 1701 the population of the colonies was as follows:—
| Connecticut | 30,000 |
| Maryland | 25,000 |
| Massachusetts | 70,000 |
| New Hampshire | 10,000 |
| New Jersey | 15,000 |
| New York | 30,000 |
| North Carolina | 5,000 |
| Pennsylvania | 20,000 |
| Rhode Island | 10,000 |
| South Carolina | 7,000 |
| Virginia | 40,000 |
| Total | 202,000 |
(Compendium of United States Census.)
[363:A] Beverley, B. i. 104.
CHAPTER XLV.
1703.
Assembly held in the College—Ceremony of opening the Session—The Governor's Speech.
A meeting of the general assembly was held at her majesty's Royal College of William and Mary, in March, 1703, being the second year of Queen Anne's reign, and, by prorogation, again in April, 1704.[364:A] The clerk of the general assembly was ordered to wait upon the house of burgesses and inform them that his excellency commanded their immediate attendance on him in the council chamber. The burgesses having complied with this order, his excellency was pleased to let them know that her most sacred majesty having been pleased to renew his commission to be her majesty's lieutenant and governor-general of this her majesty's most ancient and great colony and dominion of Virginia, he would cause the said commission to be read to them. This being done, he read them that part of his instructions wherein the council are nominated, and informed the house that upon the death of Colonel Page, the number of councillors having fallen under nine, he had appointed one to supply that vacancy. The governor next mentioned to the house that he had commissioned some of her majesty's honorable council to administer the oath to the burgesses. Whereupon they withdrew, and the oath was administered by the Honorable William Byrd, John Lightfoot, and Benjamin Harrison. These gentlemen returning to the council chamber, the clerk of the assembly was ordered to wait again upon the house of burgesses, and acquaint them that his excellency commanded their immediate attendance on him. The house of burgesses complying with this order, the governor made the following speech:—
"Honorable Gentlemen,—
"God Almighty, I hope, will be graciously pleased so to direct, guide, and enable us, as that we may, to all intents and purposes, answer her majesty's writ by which this assembly was called, and by prorogation is now met in this her majesty Queen Anne her royal capitol; which being appointed by law for holding general assemblies and general courts, my hopes likewise are that they may continue to be held in this place for the promoting of God's glory, her majesty, and her successors' interest and service with that of the inhabitants of this her majesty's most ancient and great colony and dominion of Virginia, so long as the sun and moon endure. Gentlemen, her most sacred majesty having been graciously pleased to send me her royal picture and arms for this her colony and dominion, I think the properest place to have them kept in, will be this council chamber; but it not being as yet quite finished, I cannot have them so placed as I would.
"By private accounts which I have from England, I understand her majesty hath lately thought fit to appoint a day of public fasting and humiliation there; but I have not yet seen her majesty's royal proclamation for it, which makes me not willing to appoint one here till I have. And had it not been for this, I designed that her majesty's royal picture and arms should have been first seen by you on St. George his day, and to have kept it as a day of public thanksgiving, it being the day on which her majesty was crowned, and bearing the name of his royal highness the Prince of Denmark, and likewise of the patron of our mother kingdom of England.
"Honorable gentlemen, I don't in the least doubt but that you will join with me in paying our most humble and dutiful acknowledgments and thanks to her most sacred majesty for this great honor and favor which she hath been pleased to bestow upon your country, and in praying that she may have a long, prosperous, successful, and victorious reign, as also that she may in all respects not only equal, but even outdo her royal predecessor, Queen Elizabeth, of ever-glorious memory, in the latter end of whose reign this country was discovered, and in honor of her called Virginia.
"It is now within two years of a century since its being first seated, at which time, if God Almighty and her majesty shall be so pleased, I design to celebrate a jubilee, and that the inhabitants thereof may increase exceedingly, and also abound with riches and honors, and have extraordinary good success in all their undertakings, but chiefly that they may be exemplary in their lives and conversations, continue in their religion of the Church of England as by law established, loyal to the crown thereof, and that all these things may come to pass, I question not but you will most cordially join with me in our most unfeigned and hearty prayers to God Almighty for them."
At the close of this verbose speech, the burgesses returned to their house, and the council adjourned.[366:A]
FOOTNOTES:
[364:A] A meeting of the council was held, consisting of his Excellency Francis Nicholson, Esq., lieutenant and governor-general, and William Byrd, John Lightfoot, Benjamin Harrison, Robert Carter, John Custis, Philip Ludwell, William Basset, Henry Duke, Robert Quarry, and John Smith, Esquires.
[366:A] Documents in S. Literary Messenger, communicated by Wyndham Robertson, Esq., having been copied by his father, while he was clerk of the council, from old papers in the council chamber.
CHAPTER XLVI.
1703-1705.
Quit-rents—Northy's Opinion against the Custom of the Vestry's employing a Minister by the Year—The Free Church Disruption in Scotland—Controversy between Blair and Nicholson—Convocation—Nicholson recalled—Notice of his Career—Huguenots.
By the account of Colonel William Byrd, receiver-general, the nett proceeds of her majesty's revenue of quit-rents for the year 1703 amounted to five thousand seven hundred and forty-five pounds.
In the Church of England the people have no part in the choice of their minister; a patron appoints him, and a living supports him. In Virginia, on the contrary, the salary being levied directly from the people by the vestries, they fell upon the expedient, as has been repeatedly mentioned, of employing a minister for a year. Governor Nicholson, an extreme high-churchman, procured from the attorney-general, Northy, an opinion against this custom, and it was sent to all the vestries, with directions to put it on record. The vestries, nevertheless, pertinaciously resisted this construction of the law. In two important points the church establishment in Virginia differed from that in England—in the appointment of the minister by the vestry, according to the act of 1642, and in the absence of a bishop.
In recent times the disruption of the Scottish general assembly resulted in the Free Church of Scotland, which thus, by sacrificing the temporalities, vindicated its independence of the government in things spiritual. In Virginia the vestries virtually maintained a like independence. In Scotland the contest arrayed against each other schismatic parties in the established kirk, known as the Evangelical and the Moderates, whereas in Virginia it was a mere contest for power between the vestries and the government. The Free Church of Scotland, at the time of the disruption, was still in theory in favor of an establishment in which the clergy should be chosen by the people and paid by the government.[368:A] Even in England, under the constitution of the established church, the ministers of certain exceptional chapels were formerly elected by the freeholders of the parish, subject to the approval of the vicar, and the violation of their rights in this particular was sometimes resented in the ruder districts of Yorkshire, by outrageous insults offered to the new incumbent during the time of service, and by brutal personal assaults upon the minister.[368:B]
Before the beginning of the eighteenth century the proprietary government, granted by Charles the First to Lord Baltimore, had at length been abolished, and the Church of England established there. There was less tolerance under this establishment than before. In Maryland as in Virginia, the discipline of the church was loose, the clergy by no means exemplary, and their condition precarious and dependent.
The differences between Dr. Blair and Governor Nicholson led to a tedious controversy, in which charges of malfeasance in official duty and private misconduct, especially in the affair of his attachment for Miss Burwell, and his maltreatment of the Rev. Mr. Fouace, were transmitted to the government in England, covering forty-four pages folio of manuscript. The controversy produced no little excitement and disturbance in the colony; a number of the clergy adhered to the governor, being those with whom Commissary Blair was unpopular, and whom the governor had ingratiated by siding with them against the vestries, and by representing the commissary as less favorable to their cause. Governor Nicholson ordered a convocation to be assembled, and during its session held private interviews with his adherents among the clergy, who signed a paper denying the charges made by the commissary and the council. A public entertainment given to them was satirized in a ballad, setting forth their unclerical hilarity, and depicting some of them in unfavorable colors. This ballad soon appeared in London. In this convocation seventeen of the clergy were opposed to the commissary, and only six in his favor. Nevertheless his integrity and indomitable perseverance and energy triumphed; and at length, upon the complaint made by him, together with six members of the council and some of the clergy, particularly the Rev. Mr. Fouace, Colonel Nicholson was recalled.[369:A] He ceased to be governor in August, 1705. Before entering on the government of Virginia he had been lieutenant-governor of New York under Andros, and afterwards at the head of administration from 1687 to 1689, when he was expelled by a popular tumult. From 1690 to 1692 he was lieutenant-governor of Virginia. From 1694 to 1699 he held the government of Maryland, where, with the zealous assistance of Commissary Bray, he busied himself in establishing Episcopacy. Returning to the government of Virginia, Governor Nicholson remained until 1705. In the year 1710 he was appointed general and commander-in-chief of the forces sent against Fort Royal, in Acadia, which was surrendered to him. During the following year he headed the land force of another expedition directed against the French in Canada. The naval force on this occasion was commanded by the imbecile Brigadier Hill. The enterprise was corrupt in purpose, feeble in execution, and abortive in result. This failure was attributable to the mismanagement and inefficiency of the fleet. In 1713 Colonel Nicholson was governor of Nova Scotia. Having received the honor of knighthood in 1720, Sir Francis Nicholson was appointed governor of South Carolina, where during four years, it is said, he conducted himself with a judicious and spirited attention to the public welfare, and this threw a lustre over the closing scene of his long and active career in America. Returning to England, June, 1725, he died at London in March, 1728. He is described as an adept in colonial governments, trained by long experience in New York, Virginia, and Maryland; brave, and not penurious, but narrow and irascible; of loose morality, yet a fervent supporter of the church.[369:B]
Upon the revocation of the edict of Nantes, by Louis the Fourteenth, in 1685, more than half a million of French Protestants, called Huguenots, fled from the jaws of persecution to foreign countries. About forty thousand took refuge in England. In 1690 William the Third sent over a number of them to Virginia, and lands were allotted to them on James River. During the year 1699 another body came over, conducted by their clergyman, Claude Philippe de Richebourg. He and others were naturalized some years afterwards. Others followed in succeeding years; the larger part of them settled at Manakintown, on the south bank of the James River, about twenty miles above the falls, on rich lands formerly occupied by the Monacan Indians. The rest dispersed themselves over the country, some on the James, some on the Rappahannock. The settlement at Manakintown was erected into the parish of King William, in the County of Henrico, and exempted from taxation for many years. The refugees received from the king and the assembly large donations of money and provisions; and they found in Colonel William Byrd, of Westover, a generous benefactor. Each settler was allowed a strip of land running back from the river to the foot of the hill. Here they raised cattle, undertook to domesticate the buffalo, manufactured cloth, and made claret wine from wild grapes. Their settlement extended about four miles along the river. In the centre they built a church; they conducted their public worship after the German manner, and repeated family worship three times a day. Manakintown was then on the frontier of Virginia, and there was no other settlement nearer than the falls of the James River, yet the Indians do not appear to have ever molested these pious refugees. There was no mill nearer than the mouth of Falling Creek, twenty miles distant, and the Huguenots, having no horses, were obliged to carry their corn on their backs to the mill.
Many worthy families of Virginia are descended from the Huguenots, among them the Maurys, Fontaines, Lacys, Munfords, Flournoys, Dupuys, Duvalls, Bondurants, Trents, Moncures, Ligons, and Le Grands. In the year 1714 the aggregate population of the Manakintown settlement was three hundred. The parish register of a subsequent date, in French, is preserved.