USA > Virginia > History of the colony and ancient dominion of Virginia > Part 22
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17 * Hening, ii. 158.
.
258
ANCIENT DOMINION OF VIRGINIA.
you in your own house and family to the profession of the Pro- testant 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 employ- ment whose ill fame and conversation may bring scandal there- upon."*
The spirit of toleration expressed in these instructions was in- sincere and hypocritical, and dictated by the apprehensions of a government yet unstable, and by a temporizing policy. In Decem- ber, 1662, the assembly declared that "many schismatical per- sons, out of their averseness to the orthodox established religion, or out of the new-fangled conceits of their own heretical inven- tions, 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. Per- sons 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 bor- ders of Albemarle Sound, in reward of having colonized a num- ber 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.
* MS. (Virginia) in State Paper office, (London,) cited in Anderson's Hist. of Colonial Church, ii. 548-9.
CHAPTER XXVIII.
1663.
Report of Edmund Scarburgh, Surveyor-General, of his Proceedings in esta- blishing the Boundary Line between Virginia and Maryland on the Eastern Shore-The Bear and the Cub-Extracts from Records of Accomac.
A CONTROVERSY existed between Virginia and Lord Baltimore relative to the boundary line on the Eastern Shore of the Chesa- peake 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 Scar- burgh, 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 proceed- ings therein to the right honorable governor and council of Virginia."*
Colonel Scarburgh's report of his proceedings on this occasion is preserved .; He set out with "some of the commission, and about forty horsemen," an escort which he deemed necessary "to
* Hening, ii. 183.
+ This document, entitled "The Account of Proceedings in his Majt's Affairs at Anamessecks and Manokin, on the Eastern Shore of Virginia," is preserved in the records of Accomac County Court, and a copy, furnished by Thomas R.
(259)
260
HISTORY OF THE COLONY AND
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
Joynes, Esq., the clerk, (himself a descendant of Colonel Edmund Scarburgh,) was published in 1833, by order of the legislature of Maryland. I am in- debted to William T. Joynes, Esq., of Petersburg, for the use of this report, and for some other interesting particulars relating to the Eastern Shore.
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261
ANCIENT DOMINION OF VIRGINIA.
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 Quak- ing 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 go- vernment, and disobedient to authority, for which he received a late reward with a rattan, and hath not subscribed; hides him- self, 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 Ac- comac 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.
"At a Court held in Accomack County, ye 16th of November, by his maties Justices of ye Peace for ye sd County, in ye Seaven- teenth yeare of ye Reigne of or Sovraigne Lord Charles ye Second, By ye Grace of God, of Great Britaine, France, and Ireland, King, Defender of ye Faith, &c .: And in ye Yeare of or Lord God 1665.
"Whereas, Cornelius Watkinson, Philip Howard, and William Darby, were this Day accused by Mr. Jno. Fawsett, his maties Attory for Accomack County, for acting a play by them called ye Bare & ye Cubb, on ye 27th of August last past; upon exami- nation of the same, The Court have thought fitt to suspend the Cause till ye next Court, & doe order yt the said Cornelius Wat-
262
ANCIENT DOMINION OF VIRGINIA.
kinson, Phillip Howard, & Wm. Darby, appeare ye next Court, in those habilemts that they then acted in, and give a draught of such verses, or other speeches and passages, which were then acted by them; & that ye Sherr detaine Cornelius Watkinson & Philip Howard in His Custody untill they put in Security to per- forme this order. It is ordered yt the Sherr. arrest ye Body of William Darby, for his appearance ye next Court, to answere at his maties suit, for being actour of a play commonly called y9 Beare and ye Cubb.
" At a Court held in Accomack County, ye 18th of December, by his maties Justices of ye Peace for ye sª County, in ye Seaven- teenth yeare of ye Raigne of or Sovraigne Lord Charles ye Se- cond, By ye Grace of God, of Great Britain, France, & Ireland, King, Defendr of ye Faith, &c .: And in ye yeare of or Lord God 1665.
"Its ordered yt ye Sherr sumons Edward Martin to ye next Court, to show cause why hee should not pay ye charges wch ac- crued upon ye Information given by him against Cornelius Wat- kinson, Philip Howard, & William Darby.
"At a Court held in Accomack County, ye 17th of January, by his maties Justices of ye Peace for ye sd County, in the Seaven- teenth year of ye Reigne of or Sovraigne Lord Charles ye Second, By ye Grace of God, of Great Britain, France, and Ireland, King, Defender of the Faith, &c .: And in the year of or Lord God 1665.
"Whereas, Edward Martin was this day examined concerning his information given to Mr. Fawset, his maties Attory for Acco- mack County, about a play called the bare & ye Cubb, whereby severall persons were brought to Court & charges thereon arise, but the Court finding the said p'sons not guilty of fault, sus- pended ye payment of Court charges; & forasmuch as it ap- peareth upon ye Oath of ye said Mr. Fawsett, that upon ye sd Ed- ward Martin's information, the Charge & trouble of that suit did accrew, It's therefore ordered that ye said Edward Martin pay all ye Charges in ye suit Els. Exon."*
* " The foregoing are true transcripts from the Records of the Court of the County of Accomack, in the State of Virginia."-Test : J. W. Gillett, C. A. C.
1
CHAPTER XXIX.
1666-1675.
Plot discovered-Miscellaneous Matters-England at war with the Dutch-The Plague in London-Tobacco-Forts-Cessation of planting Tobacco for one year -- Drummond's Petition rejected-Baptism of Slaves-Tributary Indians -Batt's Expedition-The Algonquin Tribes-The Powhatan Confederacy- Convicts sent to Virginia-Legislative Acts.
THE Northern colonies appear at this time to have been styled the "Dutch Plantations."* 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 in- flamed 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 Glou- cester 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 rewardedt with his freedom and five thousand pounds of tobacco; Beverleyt 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
* Hening, ii. 188. ¡ Ibid., ii. 204.
į Beverley, B. i. 61. (263)
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HISTORY OF THE COLONY AND
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 Eng- lish, 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 host- ages.
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, Gover- nor of Maryland, for the purpose of devising means of improv- ing 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 fu- ture 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 .* During the same year the plague raged in London, the victims for some time
* Evelyn's Diary, i. 391.
265
ANCIENT DOMINION OF VIRGINIA.
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 .*
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 de- populated by the plague, war added her horrors. A government
* Beverley, B. i. 63.
266
HISTORY OF THE COLONY AND
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 pre- diction that the year 1666 would be the very climax of public . disaster .* It was not unreasonable to conclude, that the wicked- ness of men had been directly avenged by a visitation of Heaven. Evelynt 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, de- claring 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 bur- gesses 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.} 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 ses- sion of October of the same year, confirmed her former act, and by dint of negotiation it was finally consummated.
* Pepy's Diary, ii.
+ Diary, ii. 17.
¿ The commissioners appointed to treat with Maryland and Carolina on this subject were, of the council, Thomas Ludwell, Esq., secretary of Virginia, Ma- jor-General Robert Smith, and Major-General Richard Bennet; and of the bur- gesses, Robert Wynne, speaker, Colonel Nich. Spencer, Captain Daniel Parke, Captain Joseph Bridger, Captain Peter Jennings, and Mr. Thomas Ballard.
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ANCIENT DOMINION OF VIRGINIA.
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 Drum- mond, 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 acquies- cence 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 de- termined to erect several forts : one on James River, one on Nan- semond River, one on York River at Tindall's Point, (now Glou- cester Point,) one on the Rappahannock at Corotoman, and one on the Potomac at Yeohocomico.
It was declared that baptism did not exempt slaves from bond- age. 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
268
. HISTORY OF THE COLONY AND -
hundred pounds of tobacco and cask. To prevent fraud, the ears were cut off from the heads of the wolves .*
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 ver- dure, 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. Fol- lowing this for some days, they reached old fields and cabins re- cently 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
* The tributary Indians of Virginia at this period were, in
Bowmen, or Hunters.
Nansemond County
45
Surrey County
S Powchay-icks. 30
Weyenoakes 15
Men Heyricks. 50
Charles City County. .. Nottoways, two towns.
Appamattox 50
Henrico County
Powhites 10
Pamunkeys .. 50
Chickahominies
60
New Kent County
Mattaponeys
20
Rappahannocks. 30
Totas-Chees 40
Chiskoyackes 15
60
Rappahanock
Nanzcattico
50
Mattehatique
Northumberland Co ... .Wickacomico 70
Westmoreland County ... Appomattox 10
Total 725
90
Manachees 30
Gloucester
Portobaccoes
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ANCIENT DOMINION OF VIRGINIA.
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 .* 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 Missis- sippi, and thence eastward to the coast north of Newfoundland, and thence along the Atlantic shore to the cape first mentioned. t The bulk of the Indians within this triangle spoke various dia- lects 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.} 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 num- ber 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 hun- dred. 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.
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