USA > Virginia > History of the colony and ancient dominion of Virginia > Part 21
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"SIR,-I have received the letter you were pleased to send me by Mr. Mills his vessel, and shall be ever ready to comply with you in all acts of neighborly friendship and amity ; but truly, sir, you desire me to do that concerning your letter and claims to land in the northern part of America which I am incapable to do, for I am but a servant of the assembly's; neither do they arro- gate any power to themselves further than the miserable distrac- tions of England force them to. For when God shall be pleased in His mercy to take away and dissipate the unnatural divisions of their native country, they will immediately return to their own professed obedience. What then they should do in matters of contract, donation, and confession of right, would have little strength or signification; much more presumptive and impertinent would it be in me to do it, without their knowledge or assent. We shall very shortly meet again, and then, if to them you sig- nify your desires, I shall labor all I can to get you a satisfactory answer.
"I am, sir, your humble servant, "WILLIAM BERKLEY. "Virginia, August 20th, 1660."
Peter Stuyvesant, the last of the Dutch governors of New Am- sterdam, within a few years was dispossessed by a small English squadron, and the captured colony was retained. Sir William Berkley's letter was written nearly three months after the actual restoration, and yet, not having received intelligence of it, he alludes to the English government as in a state of interregnum,
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and writes not one word in present recognition of his majesty Charles the Second ; on the contrary, he expressly avows himself a servant of the assembly.
Tea was introduced into England about this time; the East India Company made the king a formal present of two pounds and two ounces .*
The address of the Parliament and General Monk to Charles the Second, then at Breda, in Holland, was carried over by Lord Berkley, of Berkley Castle. On the eighth of May Charles was proclaimed in England king, and he returned in triumph to Lon- don on the twenty-ninth of that month, being his birth-day. The restored monarch transmitted a new commission, dated July the 31st, 1660, at Westminster, to his faithful adherent Sir William Berkley. He had remained in Virginia during the Commonwealth of England under various pretexts, and it is probable that he kept up a secret correspondence with refugee royalists, and it is said that he even invited Charles to come over to Virginia. This tradition, however, is without proof or plausibility ; had the exiled Charles sought refuge in Virginia, an English frigate would have found it easy to make him a prisoner. Virginia would have pre- sented few attractions to the royal profligate; and it could have hardly been a matter of regret to the Virginians that he never came here. Sir William Berkley's letter of acknowledgment, written in March, 1661, is extravagantly loyal. He apologizes for having accepted office from the assembly thus: "It was no more, may it please your majesty, than to leap over the fold to save your majesty's flock, when your majesty's enemies of that fold had barred up the lawful entrance into it, and enclosed the wolves of schism and rebellion, ready to devour all within it," etc. By "the wolves of schism and rebellion" he probably meant the Puritan and Republican party in Virginia, and he appears to have looked upon them as formidable enemies.
Charles the Second, in the first year of his reign, that is, in the first year after the death of his father, for he was considered or imagined to have reigned all the while, had granted all the tract of land lying between the Rappahannock and the Potomac,
* Pepys' Diary, i. 110. Pepys was pronounced Peeps.
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known as the Northern Neck, to Lord Hopton, the Earl of St. Albans, Lord Culpepper, and others, to hold the same forever, paying yearly six pounds thirteen shillings and four pence to the crown.
The Anglo-American colonies now established, Virginia, New England, and Maryland, contained eighty-five thousand inhabit- ants. The navigation act had not been recognized by Virginia as obligatory on her; had been opposed by Massachusetts as an invasion of her rights ; and had been evaded by Maryland. James the First, Charles the First, and the Commonwealth, had ex- pressly exempted the colonies from direct taxation, but the Re- storation parliament extended the customs of tonnage and poundage to every part of the dominion of the crown; and the colonists did not for years resist the collection of those imposts .*
* Chalmers' Revolt of Amer. Colonies, 99.
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CHAPTER XXVII.
1661-1663.
Settlements of Virginia-The Church-Laws for establishment of Towns-In- telligence received of Restoration-Assembly sends Address to the King- Demonstrations of Loyalty-Berkley visits England-Morrison elected by the Council in his stead-Assembly's tone altered-Act for ducking "Brabbling Women"-Power of Taxation vested in Governor and Council for three years -Miscellaneous Affairs-Act relating to Indians-Persons trespassing on the Indians, punished-Sir William Berkley returns from England-Instructions relative to the Church-Acts against Schismatics and Separatists-Berkley superintends establishment of a Colony on Albemarle Sound.
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 inte- rior. 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 inevita- ble 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 sup- plied with ministers. Hammond* says: "They then began to provide, and send home for gospel ministers, and largely contri- buted for their maintenance; but Virginia savoring not hand- somely in England, very few of good conversation would adven- ture 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 pa-
* "Leah and Rachel," published at London in 1656, in Force's Historical Tracts, iii.
(249)
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rishioners, 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 blas- phemed among the heathen natives, (who were near them and often among them,) and thus their conversion hindered .*
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 popula- tion, was most of all bewailed by parents. The children of Vir- ginia, naturally of beautiful persons, and generally of more genius than those in England, were doomed to grow up unser- viceable 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 Cam- bridge, 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 .; 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
* Virginia's Cure, (Force's Hist. Tracts, iii.,) printed at London, 1662, and com- posed by a minister. The initials on the title-page, R. G. He appears to have taken refuge in Virginia during the Commonwealth of England; and it is evi- dent that he had resided in the colony for a considerable time. "Virginia's Cure" is addressed to the Bishop of London: it is a clear and vigorous docu- ment, acrimonious toward the late government, but earnest in behalf of the spiri- tual welfare of Virginia.
¡ Hening, ii. 33.
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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 con- gregate 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 "Vir- ginia'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 joy- fully 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 Manhat- tan. Colonel Carter was required to declare what passed
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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 hun- dred 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 appro- priations 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 .* This quantity of
* Hening, i. 435.
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tobacco was worth two thousand pounds sterling, or ten thousand dollars .* 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. f
The assembly's tone was now altered; during the Common- wealth 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 Crom- well 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 thir- tieth 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."} Their compul- sory acknowledgment of the sovereign power of the Common- wealth 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 be- tween 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 hus- bands 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
* Hening, i. 398, 418.
¡ Ibid., i. 545, and ii. 9.
į Ibid., ii. 24.
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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 go- vernor." 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 dis- severed 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 schisma- tical 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 ap- pointed revisers of the laws. Beverley* 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. t But it has been seen that Magna Charta had been previously
* Hist. of Virginia, second edition.
¡ Beverley, B. i. 43; Chalmers' Revolt, i. 101.
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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 re- pealed "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 ser- vants, 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 .* 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."} A duty was laid on rum, because "it had, by experi- ence, been found to bring diseases and death to divers people." An impost, first established during the Commonwealth of Eng- land, was still levied on every hogshead of tobacco exported; this became a permanent source of revenue, and rendered the execu- tive 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
* Ibid., 44.
¡ Hening, ii. 69.
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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 .*
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 Common- wealth,) with still severer restrictions and prohibitions. Even the traditional compliment of the king's wearing a robe of Vir- ginia 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
* Hening, ii. 138.
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forgiveness in open court on his knees, for speaking disrespect- fully 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 Virgi- nia, the assembly ordered reprisal to be made on the property belonging to inhabitants of the Northern colony to the amount of forty pounds sterling .*
Sir William Berkley returned in the fall of 1662 from Eng- land, having accomplished nothing for the colony, but having se- cured 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 ad- ministered 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 su- premacy 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 trans- port themselves thither with their stocks, you are not to suffer any man to be molested or disquieted in the exercise of his reli- gion, so he be content with a quiet and peaceable enjoying it, not giving therein offence or scandal to the government; but we oblige
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