CHAPTER XXVII.

1661-1663.

The settlements of Virginia now included the territory lying between the Potomac and the Chowan, and embraced, besides, the isolated Accomac. There were fifty parishes. The plantations lay dispersed along the banks of rivers and creeks, those on the James stretching westward, above a hundred miles into the interior. Each parish extended many miles in length along the river-side, but in breadth ran back only a mile. This was the average breadth of the plantations, their length varying from half a mile to three miles or more. The fifty parishes comprehending an area supposed to be equal to one-half of England, it was inevitable that many of the inhabitants lived very remote from the parish church. Many parishes, indeed, were as yet destitute of churches and glebes; and not more than ten parishes were supplied with ministers. Hammond[249:A] says: "They then began to provide, and send home for gospel ministers, and largely contributed for their maintenance; but Virginia savoring not handsomely in England, very few of good conversation would adventure thither, (as thinking it a place wherein surely the fear of God was not,) yet many came, such as wore black coats, and could babble in a pulpit, roar in a tavern, exact from their parishioners, and rather by their dissoluteness destroy than feed their flocks." Hammond's statements are not to be unreservedly received. Where there were ministers, worship was usually held once on Sunday; but the remote parishioners seldom attended. The planters, either from indifference or from the want of means, were remiss in the building of churches and the maintenance of ministers. Through the licentious lives of many of them, the Christian religion was dishonored, and the name of God blasphemed among the heathen natives, (who were near them and often among them,) and thus their conversion hindered.[250:A]

In 1661 the Rev. Philip Mallory was sent over to England as Virginia's agent to solicit the cause of the church. The general want of schools, likewise owing to the sparseness of the population, was most of all bewailed by parents. The children of Virginia, naturally of beautiful persons, and generally of more genius than those in England, were doomed to grow up unserviceable for any great employments in church or state. As a principal remedy for these ills, the establishment of towns in each county was recommended. It was further proposed to erect schools in the colony, and for the supply of ministers to establish, by act of parliament, Virginia fellowships at Oxford and Cambridge, with an engagement to serve the church in Virginia for seven years. To raise the funds necessary for this purpose, it was proposed to take up a collection in the churches of Great Britain; and the assembly ordered a petition to the king to that end, to be drawn up.[250:B] Another feature of this plan was to send over a bishop, so soon as there should be a city for his see. These recommendations, although urged upon the attention of the bishop of London, seem, from whatever cause, to have proved fruitless. The Virginia assembly, in no instance, expressed any desire for the appointment of a bishop; they remembered with abhorrence the cruelties that had been exercised by the prelates in England.

Mr. Jefferson remarked that the legislature of Virginia has frequently declared that there should be towns in places where nature had declared that they should not be. The scheme of compelling the planters to abandon their plantations, and to congregate in towns, built by legislation, was indeed chimerical. The failure of the schemes proposed in the Virginia assembly for the establishment of towns, is attributed by the author of "Virginia's Cure" to the majority of the house of burgesses, who are said to have come over at first as servants, and who, although they may have accumulated by their industry competent estates, yet, owing to their mean education, were incompetent to judge of public matters, either in church or state. Yet many of the early laws appear to have been judicious, practical, and well adapted to the circumstances of a newly settled country. The legislature, eventually finding the scheme of establishing towns by legal enactments impracticable, declared it expedient to leave trade to regulate itself.

The assembly of March, 1661, consisted in the main of new members. At another session held in October of the same year, there appeared still fewer of the members who had held seats during the Commonwealth; and it may be reasonably inferred that the bulk of the retiring members were well affected to the Commonwealth of England. Intelligence of the restoration of Charles the Second had already reached Virginia, and was joyfully received. The word "king," or "majesty," was used in the public acts now for the first time, since the commencement of the Commonwealth of England—an interval of twelve years.

An address was sent to the king, praying him to pardon the inhabitants of Virginia for having yielded to a force—which they could not resist. Forty-four thousand pounds of tobacco, worth two thousand and two hundred dollars, were appropriated to Major-General Hammond and Colonel Guy Molesworth, for "being employed in the address." Sir Henry Moody was dispatched on an embassy "to the Manados," or Manhattan. Colonel Carter was required to declare what passed between him and Colonel William Clayborne at the assembly of 1653 or 1654, relative to the making an act of non-address to the Right Honorable Sir William Berkley; but the particulars of this affair have not been handed down. The rent paid for the use of the house where the assembly met, was three thousand five hundred pounds of tobacco, equivalent to one hundred and seventy-five dollars. Four thousand pounds of tobacco, worth two hundred dollars, were paid for the rent of the room where the governor and council held their meetings. The name of Monroe occurs at this early day in the County of Westmoreland as one of the commissioners, or justices of the peace.

The assembly strove to display its loyalty by bountiful appropriations to the governor and the leading royalists; the restoration in England was reflected by the restoration in Virginia. The necessity of the case had made the government of the colony republican; she was as free and almost as independent during the Commonwealth of England as after the revolution of 1776. For a short time even Sir William Berkley appears to have been identified with this system. He and the new assembly were now eagerly running in an opposite tack, and were impatient to wipe out all traces of their late forced disobedience and involuntary recognition of the popular sovereignty.

Sir William continued as governor till the 30th of April, 1661, when being about to visit England, Colonel Francis Morrison was elected by the council in his place. Sir William, it is said, was dispatched to England as agent to defend the colony against the monopoly of the navigation act, which threatened to violate their "freedoms," as is declared by the first act of the assembly held at James City, on the 23d of March, 1661. Sir William was heartily opposed to the restrictions on the commerce of Virginia; but any efforts that he may have used in opposition to them were fruitless.

He embarked in May for England, and returned in the fall of the following year, 1662. His pay on account of this mission was two hundred thousand pounds of tobacco, or five hundred and seventy-one hogsheads, the average weight of a hogshead at this period being three hundred and fifty pounds.[252:A] This quantity of tobacco was worth two thousand pounds sterling, or ten thousand dollars.[253:A] The ordinary salary of the governor consisted of castle duties, license fees, tobacco, corn, and customs, and probably amounted to not less than twelve thousand dollars per annum.[253:B]

The assembly's tone was now altered; during the Commonwealth of England, Oliver Cromwell had been addressed as "His Highness," and the burgesses had subscribed themselves his "most humble, most devoted servants;" nor had Richard Cromwell been treated with a less obsequious and respectful submission. But now the following language was employed: "Whereas, our late surrender and submission to that execrable power, that so bloodily massacred the late King Charles the First of ever blessed and glorious memory, hath made us, by acknowledging them, guilty of their crimes; to show our serious and hearty repentance and detestation of that barbarous act, be it enacted, That the thirtieth of January, the day the said king was beheaded, be annually solemnized with fasting and prayers, that our sorrows may expiate our crime, and our tears wash away our guilt."[253:C] Their compulsory acknowledgment of the sovereign power of the Commonwealth of England, if they all the while remained in their hearts loyal, could not have implicated them in the execution of the king.

Colonel Francis Morrison continued to fill the place of Sir William Berkley until his return, which took place some time between September and the 21st of November, 1662.

An act was passed, entitled "Women causing scandalous suits, to be ducked:" "Whereas, oftentimes many brabbling women often slander and scandalize their neighbors, for which their poor husbands are often brought into chargeable and vexatious suits, and cast in great damages; be it therefore enacted by the authority aforesaid, That in actions of slander occasioned by the wife, as aforesaid, after judgment passed for the damages, the woman shall be punished by ducking; and if the slander be so enormous as to be adjudged at a greater damage than five hundred pounds of tobacco, then the woman to suffer a ducking for each five hundred pounds of tobacco against the husband adjudged, if he refuse to pay the tobacco." A ducking-stool had been already established in each county.

The anniversary both of the birth and the restoration of Charles the Second was established as a holiday. The navigation act was now enforced in Virginia, and in consequence the price of tobacco fell very low, while the cost of imported goods was also augmented. An act prohibiting the importation of luxuries seems to have been negatived by the governor. It was ordered that "no person shall trade with the Indians for any beaver, otter, or any other furs, unless he first obtain a commission from the governor." This act gave great offence to the people; it was in effect conferring on the governor an indirect monopoly of the fur-trade. By a still more high-handed measure the governor and council were empowered to lay taxes for the ensuing three years, unless in the mean time some urgent occasion should necessitate the calling together of the assembly. Thus taxation was dissevered from representation; the main safeguard of freedom was given to the executive. Major John Bond, a magistrate in Isle of Wight County, was disfranchised for "factious and schismatical demeanors." He had repeatedly been returned as one of the burgesses of his county during the Commonwealth of England. An act making provision for a college, appears to have remained a dead letter; other acts equally futile, passed at ensuing sessions, frequently recur. The assembly ventured to declare that the king's pardon did not extend to a penalty incurred for planting tobacco contrary to law.

Colonel William Clayborne, secretary of state, was displaced by Thomas Ludwell, commissioned by the king. Colonel Francis Morrison and Henry Randolph, clerk of the assembly, were appointed revisers of the laws. Beverley[254:A] says that Morrison made an abridgement of the laws. In this revised code the common law of England is, for the first time, expressly adopted, being spoken of as "those excellent and oft-refined laws of England."[254:B] But it has been seen that Magna Charta had been previously recognized as of force in Virginia. In making a revision of the laws it was ordered that all acts which "might keep in memory our forced deviation from his majesty's obedience," should be repealed "and expunged." In the absence of ministers it was enacted that readers should be appointed, where they could be found, with the advice and consent of the nearest ministers, to read the prayers and homilies, and catechise children and servants, as had been practised in the time of Queen Elizabeth. Although not more than one-fifth of the parishes were supplied with ministers, yet the laws demanded a strict conformity, and required all to contribute to the support of the established church. But the right of presentation still remained in the people. The number of the vestry was limited to twelve, elected by the people, but they were now invested with the power of perpetuating their own body by filling vacancies themselves.[255:A] Vestries were ordered to procure subscriptions for the support of the ministry. The number of burgesses to represent each county was limited to two; the number of magistrates to twelve. The assembly confirmed an order of the quarter court prohibiting "Roger Partridge and Elizabeth, his wife, from keeping any maid-servant for the term of three years."

The assembly say, that "they have set down certain rules to be observed in the government of the church, until God shall please to turn his majesty's pious thoughts" toward them, and "provide a better supply of ministers." "The pious thoughts" of Charles the Second were never turned to this remote corner of his empire. Magistrates, heretofore called commissioners, were now styled "justices of the peace," and their courts "county courts."[255:B] A duty was laid on rum, because "it had, by experience, been found to bring diseases and death to divers people." An impost, first established during the Commonwealth of England, was still levied on every hogshead of tobacco exported; this became a permanent source of revenue, and rendered the executive independent of the legislature.

The numerous acts relating to the Indians were reduced into one: prohibiting the English from purchasing Indian lands; securing their persons and property; preventing encroachments on their territory; ordering the English seated near to assist them in fencing their corn-fields; licensing them to oyster, fish, hunt, and gather the natural fruits of the country; prohibiting trade with them without license, or imprisonment of an Indian chief without special warrant; bounds to be annually defined; badges of silver and copper plate to be furnished to Indian chiefs; no Indian to enter the English confines without a badge, under penalty of imprisonment, till ransomed by one hundred arms'-length of roanoke; Indian chiefs tributary to the English, to give alarm of approach of hostile Indians; Indians not to be sold as slaves.[256:A]

It was ordered that a copy of the revised laws should be sent to Sir William Berkley in England, that he might procure the king's confirmation of them. Beverley mentions a tradition that the king, in compliment to Virginia, wore, at his coronation, a robe made of Virginia silk, and adds, that this was all the country received in return for their loyalty, the parliament having re-enacted the navigation act, (first enacted during the Commonwealth,) with still severer restrictions and prohibitions. Even the traditional compliment of the king's wearing a robe of Virginia silk appears to be unfounded.

Wahanganoche, chief of Potomac, charged with treason and murder by Captain Charles Brent, before the assembly, was acquitted; and Brent, together with Captain George Mason and others, were ordered to pay that chief a certain sum in roanoke, or in matchcoats, (from matchkore, a deerskin,) in satisfaction of the injuries. Brent, Mason, and others were afterwards punished by fines, suspension from office, and disfranchisement, for offences committed against the Indians, and for showing contempt to the governor's warrant in relation to the chief of Potomac. The counties of Westmoreland and Northumberland were especially exposed to Indian disturbances at this time. Colonel Moore Fantleroy was disfranchised for maltreating the Rappahannock Indians; Mrs. Mary Ludlow was restrained from encroaching on the lands of the Chesquiack Indians at Pyanketanke; Colonel Goodrich was charged with burning the English house of the chief of the Matapony Indians. George Harwood was ordered to ask forgiveness in open court on his knees, for speaking disrespectfully of the right honorable governor, Francis Morrison; and, at the next court held in Warwick County, to ask forgiveness of Captain John Ashton for defaming him, and to pay two thousand pounds of tobacco.

It was during this year, 1662, that Charles the Second married Catherine, the Portuguese Infanta.

The court of Boston, in New England, having discharged a servant belonging to William Drummond, an inhabitant of Virginia, the assembly ordered reprisal to be made on the property belonging to inhabitants of the Northern colony to the amount of forty pounds sterling.[257:A]

Sir William Berkley returned in the fall of 1662 from England, having accomplished nothing for the colony, but having secured for himself an interest in a part of the Virginia territory, now North Carolina, granted to himself and other courtiers and court favorites. He brought out with him instructions from the crown, comprising directions relative to church matters; that the Book of Common Prayer should be read, and the sacrament administered according to the rites of the Church of England; that the churches should be well and orderly kept; that the number of them should be increased as the means might justify; that a competent maintenance should be assigned to each minister, and a house built for him, and a glebe of one hundred acres attached. It was further directed that no minister should be preferred by the governor to any benefice, without a certificate from the Lord Bishop of London; and that ministers should be admitted into their respective vestries; that the oaths of obedience and supremacy should be administered to all persons bearing any part of the government, and to all persons whatsoever of age in the colony. The last of these instructions is in the following words: "And because we are willing to give all possible encouragement to persons of different persuasions in matters of religion, to transport themselves thither with their stocks, you are not to suffer any man to be molested or disquieted in the exercise of his religion, so he be content with a quiet and peaceable enjoying it, not giving therein offence or scandal to the government; but we oblige you in your own house and family to the profession of the Protestant religion, according as it is now established in our kingdom of England, and the recommending it to all others under your government, as far as it may consist with the peace and quiet of our said colony. You are to take care that drunkenness and debauchery, swearing, and blasphemy, be discountenanced and punished; and that none be admitted to publick trust and employment whose ill fame and conversation may bring scandal thereupon."[258:A]

The spirit of toleration expressed in these instructions was insincere and hypocritical, and dictated by the apprehensions of a government yet unstable, and by a temporizing policy. In December, 1662, the assembly declared that "many schismatical persons, out of their averseness to the orthodox established religion, or out of the new-fangled conceits of their own heretical inventions, refuse to have their children baptized," and imposed on such offenders a fine of two thousand pounds of tobacco.

The act for the suppression of the sect of Quakers was now extended to all separatists, and made still more rigorous. Persons attending their meetings were fined, for the first offence, two hundred pounds of tobacco; for the second, five hundred; and for the third, banished. In case the party convicted should be too poor to pay the fine, it was to be levied from such of his sect as might be possessed of ampler means.

A Mr. Durand, elder in a Puritan "very orthodox church," in Nansemond County, had been banished from Virginia in 1648. In 1662, the Yeopim Indians granted to "George Durant" the neck of land in North Carolina which still bears his name. He was probably the exile. In April, 1663, George Cathmaid claimed from Governor Berkley a large tract of land on the borders of Albemarle Sound, in reward of having colonized a number of settlers in that province. In the same year Sir William Berkley was commissioned to organize a government over this newly settled region, which, in honor of the perfidious General Monk, now made Duke of Albemarle, received the name which time has transferred to the Sound.

FOOTNOTES:

CHAPTER XXVIII.

1663.

A controversy existed between Virginia and Lord Baltimore relative to the boundary line on the Eastern Shore of the Chesapeake Bay. The dispute turned on the true site of Watkins' Point, which was admitted to be the southern limit of Maryland on that shore. The Virginia assembly, in 1663, declared the true site of Watkins' Point to be on the north side of Wicocomoco River, at its mouth, and ordered publication thereof to be made by Colonel Edmund Scarburgh, his majesty's surveyor-general, commanding, in his majesty's name, all the inhabitants south of that Point, "to render obedience to his majesty's government of Virginia." A conference with Lord Baltimore's commissioners was proposed in case he should be dissatisfied, and Colonel Scarburgh, Mr. John Catlett, and Mr. Richard Lawrence were appointed commissioners on the part of Virginia. Lawrence will reappear in Bacon's Rebellion. The surveyor-general was further directed "to improve his best abilities in all other his majesty's concerns of land relating to Virginia, especially that to the northward of forty degrees of latitude, being the utmost bounds of the said Lord Baltimore's grant, and to give an account of his proceedings therein to the right honorable governor and council of Virginia."[259:A]

Colonel Scarburgh's report of his proceedings on this occasion is preserved.[259:B] He set out with "some of the commission, and about forty horsemen," an escort which he deemed necessary "to repel the contempt" which, as he was informed, "some Quakers and a fool in office has threatened to obtrude." The party reached Anamessecks on Sunday night, the eleventh of October. On the next day, at the house of an officer of the Lord Baltimore, the surveyor-general began to publish the assembly's commands by repeatedly reading the act to the officer, who labored under the disadvantage of being unable to read. He declared that he would not be false to the trust put in him by the Lord-Lieutenant of Maryland. To this Colonel Scarburgh replied, "that there could be no trust where there was no intrust," (interest.) The officer declining to subscribe his obedience, lest he might be hanged by the Governor of Maryland, was arrested and held to security (given by some of Scarburgh's party) to appear before the governor and council of Virginia, and "the broad arrow" was set on his door. This matter being so satisfactorily adjusted, the colonel and his company proceeded to the house of a Quaker, where the act was published "with a becoming reverence;" but the Quakers scoffing and deriding it, and refusing their obedience, were arrested, to answer "their contempt and rebellion," and it being found impracticable to obtain any security, "the broad arrow was set on the door." At Manokin the housekeepers and freemen, except two of Lord Baltimore's officers, subscribed. "One Hollinsworth, merchant, of a northern vessel," at this juncture, "came and presented his request for liberty of trade;" which, Scarburgh suspecting to be "some plan of the Quakers," to defeat their design, "presumed, in their infant plantation, to give freedom of trade without impositions." Scarburgh gives a descriptive list of those who stood out against submitting to the jurisdiction of Virginia: one was "the ignorant yet insolent officer, a cooper by profession, who lived long in the lower parts of Accomac; once elected a burgess by the common crowd, and thrown out of the assembly for a factious and tumultuous person." George Johnson was "the Proteus of heresy," notorious for "shifting schismatical pranks." "He stands arrested," and "bids defiance." "Thomas Price, a creeping Quaker, by trade a leather-dresser," and "saith nothing else but that he would not obey government, for which he also stands arrested." "Ambrose Dixon, a caulker by profession," "often in question for his Quaking profession," "a prater of nonsense," "stands arrested, and the broad arrow at his door, but bids defiance." "Henry Boston, an unmannerly fellow, that stands condemned on the records for fighting and contemning the laws of the country; a rebel to government, and disobedient to authority, for which he received a late reward with a rattan, and hath not subscribed; hides himself, so scapes arrest." "These are all, except two or three loose fellows that follow the Quakers for scraps, whom a good whip is fittest to reform."

On the 10th day of November, 1663, the county court of Accomac authorized Captain William Thorn and others to summon the good subjects of Manokin and other parts of the county, so far as Pocomoke River, to come together and arm themselves for defence against any that might invade them, in consequence "of the rumors that the Quakers and factious fools have spread, to the disturbance of the peace and terror of the less knowing."

The following extracts, from the records of the county court of Accomac, exemplify the simplicity of the times, and the quaint orthography, and the verbosity of the records of courts; while the final decision of the case is not less equitable than those of Sancho Panza, sometime Governor of the Island of Barataria, or those celebrated in Knickerbocker's History of New York.

FOOTNOTES:

CHAPTER XXIX.

1666-1675.

The Northern colonies appear at this time to have been styled the "Dutch Plantations."[263:A] The persecution of the dissenters, the restrictions imposed upon commerce by the navigation act, the low price of tobacco, and high price of imported goods, so inflamed the discontents of the poor people as to give rise to a plot, which was well-nigh resulting in tragical effects in 1663. The conspiracy was attributed to certain Cromwellian soldiers, who had been sent out to Virginia as servants; but the real grounds and true character of it can now hardly be ascertained. The plot was discovered only the night before that appointed for its execution, (the assembly being then in session,) by one of the conspirators named Birkenhead, a servant to Mr. Smith, of Purton, in Gloucester County. Poplar Spring, near that place, was the appointed rendezvous. As soon as the information reached Sir William Berkley, who was then at his residence, Green Spring, he issued secret orders to a party of militia, to meet at Poplar Spring, and anticipate the outbreak. Only a few were taken, of whom four were hanged. Birkenhead was rewarded[263:B] with his freedom and five thousand pounds of tobacco; Beverley[263:C] makes the reward two hundred pounds sterling. The thirteenth of September, the day fixed for the execution of the plot, was set apart by the assembly as an anniversary thanksgiving. The news of this affair being transmitted to the king, he sent orders for the building of a fort at Jamestown; but the Virginians thinking that the danger had blown over, only erected a battery of some small pieces of cannon.

The Indian chief of Potomac, and other northern werowances and mangais, were required to give hostages of their children and others, who were to be kindly treated and instructed in English, as far as practicable. Measures were taken to bring Indian murderers to justice, especially the hostile Doeggs. The chief of Potomac was inhibited from holding any matchacomico, or council, with any strange tribe, before the delivery of hostages.

John Bland, a London merchant, and brother of Theodoric Bland, a leading man in Virginia, received the thanks of the assembly for goods advanced for the use of the colony. In this year, 1663, a conference was held, by royal command, at Mr. Aleston's, at Wicocomico, in Virginia, in May, by commissioners appointed by Governor Berkley, and Charles Calvert, Governor of Maryland, for the purpose of devising means of improving the staple of tobacco. The Virginia commissioners were Thomas Ludwell, secretary, Richard Lee, John Carter, Robert Smith, and Henry Corbin. The Maryland commissioners were Philip Calvert, Henry Sewall, secretary, Edward Koydes, and Henry Coursey. They recommended that in the year 1664 no tobacco should be planted after the twentieth day of June.

In 1665 further acts were passed to prevent the depredations of Indians. If a white should be murdered, the nearest Indian town was held responsible; the Indian werowances to be in future appointed by the governor; colonists to go armed to church, court, and other public meetings; Indians south of the James River, not to cross a line extending from the head of Blackwater River to the Appomattox Indian town, (probably where Petersburg now stands,) and thence across to the Mannakin town.

In the year 1665 Charles the Second, instigated by France, engaged in an unprovoked war with Holland, the object being mainly to strike a blow at the Protestant interest.[264:A] During the same year the plague raged in London, the victims for some time perishing at the rate of ten thousand weekly. In this fatal year Secretary Bennet, a plausible man, of good address, but mediocre capacity, was made Lord Arlington. The English monopolizing laws now reduced the condition of the planters of Virginia so low, that they proposed to discontinue the planting of tobacco for one year, so as to enhance the price of it; and an act was passed preparatory to a "stint or cessation." To render this remedy effectual, it appeared necessary to obtain the co-operation of the colonies of Maryland and North Carolina. For some years it was found impracticable to effect this object, and in the mean time, in order to prevent Virginia from receiving any supplies, save those sent from England, and also for defence against the Dutch, the king sent directions that forts should be built on the rivers, and that ships should lie under them, and that those places alone should be ports of trade. These instructions were obeyed for a year; breast-works were erected at places appointed by the assembly, and the shipping lay at them for a time; but the great fire and plague occurring in London at this juncture, rendered their supplies very uncertain, and the fear of the plague being brought over with the goods imported, prevented the people from living at those ports, and thus all were again at liberty.[265:A]

The Virginia planters supposed that by lessening the quantity of tobacco, called a "stint," they would improve the quality and enhance the price of it. The merchants, to whom the planters were indebted, were favorable to a stint; but although they would certainly be benefited by its operation, yet they were apparently not willing to abate any part of their claims against their debtors. The nett proceeds derived from the sale of the staple were barely enough to furnish the planters with clothing. As some remedy for this state of things, the legislature ordered looms and work-houses to be set in operation at the charge of each county. Bounties were again offered for encouragement of the raising of silk, and measures were adopted to foster the culture of flax and hemp.

In the year 1666, while London was desolated by fire and depopulated by the plague, war added her horrors. A government imbecile and corrupt, a court frivolous and debauched, darkened the shadows of the gloomy picture. The English colonies shared in the miseries of the mother country. It is remarkable that a book published in England many years before contained a prediction that the year 1666 would be the very climax of public disaster.[266:A] It was not unreasonable to conclude, that the wickedness of men had been directly avenged by a visitation of Heaven. Evelyn[266:B] says: "These judgments we highly deserved for our prodigious ingratitude, burning lusts, dissolute court, profane and abominable lives."

The assembly met in September, 1664, by prorogation from the preceding September—a compendious mode of dispensing with the popular election. However, in act vi., the assembly, declaring that the principal end of their coming together was to provide for the people's safety, and to redress their grievances, ordered that in future due notice of the convening of the burgesses should be given to the people by publication in the parish churches, so that they may then make known their grievances. The act for a "cessation" passed in June, 1666, commanded that no tobacco should be planted between the 1st of February, 1667, and the 1st of February, 1668.[266:C] The governor of Carolina at this time, and the first governor of that province, was William Drummond, a native of Scotland.

Similar acts were passed by Maryland and Carolina, but the latter province, owing to trouble with the Indians, not having given formal notice by the day agreed upon, Maryland availed herself of the informality to decline enforcing the cessation. Thus, as has been before mentioned, action was long delayed. Virginia, nevertheless, adhering to the scheme, again, at the session of October of the same year, confirmed her former act, and by dint of negotiation it was finally consummated.

The County of Stafford is mentioned in this year for the first time, and it was now represented by a burgess, Colonel Henry Mees.

The petition of William Drum, probably a misprint for Drummond, concerning a grant of land in what was commonly called "the governor's land," in the main reserve, was rejected, the house being of opinion that such grants appertained only to the governor and council. The assembly asserted their right to assess the levy without the interposition of the governor and council; and Sir William Berkley assented to this decision; the sincerity of the terms in which he expressed his willing acquiescence may well be doubted.

The Dutch about this time appear to have surprised several vessels, laden with tobacco, in the James River; and it was determined to erect several forts: one on James River, one on Nansemond River, one on York River at Tindall's Point, (now Gloucester Point,) one on the Rappahannock at Corotoman, and one on the Potomac at Yeohocomico.

It was declared that baptism did not exempt slaves from bondage. As the reducing of negroes to slavery was justified on the ground that they were heathens, so the opinion prevailed among some that when they ceased to be heathens they were, by the very fact, released from slavery.

In 1668, peace being restored, vessels were relieved from the necessity of anchoring under the forts. The war with the Dutch, unjustly commenced by the English, ended very disgracefully to them. A day of humiliation was appointed, and all persons were required to attend the parish churches, "with fasting and prayers, to implore God's mercy, and deprecate the evils justly impending over us."

It was ordered that work-houses should be built in each county, for the instruction of poor children in spinning, weaving, and other useful occupations and trades. An act was passed for the "suppressing and restraint of the exhorbitant number of ordinaries and tippling houses."

The Indians were required to bring in one hundred and forty-five wolves' heads annually, the reward for each head being one hundred pounds of tobacco and cask. To prevent fraud, the ears were cut off from the heads of the wolves.[268:A]

The elective franchise was restricted, in 1670, to freeholders and housekeepers.

Sir William Berkley sent out a company of fourteen English and as many Indians, under Captain Henry Batt, to explore the country to the west. Setting out from the Appomattox River, in seven days they reached the foot of the mountains. The first ridge was not found very high or steep, but after crossing that they encountered others that seemed to touch the clouds, and so steep that in a day's march they could not advance more than three miles. They came upon extensive valleys of luxuriant verdure, abounding with turkeys, deer, elk, and buffalo, gentle and, as yet, undisturbed by the fear of man. Grapes were seen of the size of plums. After crossing the mountains they discovered a charming level country, and a rivulet that flowed westward. Following this for some days, they reached old fields and cabins recently occupied by the natives; in these Batt left toys. Not far from the cabins, at some marshes, the Indian guides halted and refused to go any farther, saying that not far off dwelt a powerful tribe, that never suffered strangers, who discovered their towns, to escape. Batt was therefore reluctantly compelled to return. Upon receiving his report, Sir William Berkley resolved to make an exploration himself, but his intention was frustrated by the troubles that shortly after fell upon the country.[269:A] Beverley alone gives an account of Batt's explorations, leaving the date of it uncertain between 1666 and 1676. Burk dates it in 1667.

The Algonquin tribes are said to have been included within lines extending from Cape Hatteras to the head of the Mississippi, and thence eastward to the coast north of Newfoundland, and thence along the Atlantic shore to the cape first mentioned.[269:B] The bulk of the Indians within this triangle spoke various dialects of the same generic language.

The thirty tribes of Indians comprised within the Powhatan confederacy, south of the Potomac, at the time of the landing at Jamestown, are conjecturally estimated at about eight thousand souls, being one to the square mile.[269:C] The population of the mountain country was probably sparser than that of the country east of the mountains. The number of square miles in Virginia at the present day is upwards of sixty-five thousand. The number of warriors belonging to the tribes tributary to Virginia in 1669, as has been before mentioned, was seven hundred and twenty-five, and their proportion to the entire population being reckoned as three to ten, their aggregate number was about twenty-four hundred. Thus in about sixty years the diminution of their numbers amounted to about five thousand six hundred; of these, part had perished from disease, exposure, famine, and war; the rest were driven back into the wilderness.

In the year 1670 complaints were made to the general court by members of the council and others, being gentlemen, of the counties of York, Gloucester, and Middlesex, representing their apprehensions of danger from the great number of felons, and other desperate villains, sent hither from the prisons of England. Masters of vessels were prohibited from landing any such convicts or jail-birds. In 1671 Captain Bristow and Captain Walker were required to give security in the sum of one million pounds of tobacco and cask, that Mr. Nevett should send out the Newgate-birds within two months. Mr. Jefferson[270:A] has made the following remark: "The malefactors sent to America were not sufficient in number to merit enumeration as one class out of three which peopled America. It was at a late period of their history that the practice began. I have no book by me which enables me to point out the date of its commencement; but I do not think the whole number sent would amount to two thousand." And he supposed that they and their descendants did not, in 1786, exceed four thousand, "which is little more than one-thousandth part of the whole inhabitants." Mr. Jefferson appears to have been mistaken in his opinion, that malefactors were not sent over until a late period in the annals of Virginia; and he probably underrated the number of their descendants.

The acts prohibiting the exportation of wool, hides, and iron, were repealed, and every one was "permitted to make the best he can of his own commodity." The preamble to the act for the naturalization of foreigners declares, that "nothing can tend more to the advancement of a new plantation, either to its defence or prosperity, nor nothing more add to the glory of a prince, than being a gracious master of many subjects; nor any better way to produce those effects than the inviting of people of other nations to reside among us by communication of privileges."[270:B]

In 1672 the assembly provided for the defence of the country by rebuilding and repairing of forts. Repeated and vigorous laws were enacted providing for the apprehension of runaways; rewards were offered the Indians for apprehending them. A negro slave was valued at four thousand five hundred pounds of tobacco; an Indian slave at three thousand pounds of tobacco.

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