[241:B] Preface to T. M.'s Account of Bacon's Rebellion, in Kercheval's History of Valley of Va., 21. The clause quoted from Mr. Jefferson is omitted in the copy of the same introduction found in Force's Hist.

Tracts, i.

[242:A] Jefferson's Notes, 125.

[243:A] Robertson's Hist. of America, iv. 230; Beverley's Hist. of Va., B. i. 55; Chalmers' Annals, 124; Burk's Hist. of Va., ii. 120; Grahame's Colonial Hist. of U. S., i. 89; Hawks' Prot. Episcopal Church in Va., 63. See, also, Hening's Statutes at Large of Va., i. 126. Hening first corrected these errors.

[244:A] Southern Lit. Messenger for January, 1845.

[244:B] Hening, ii. 9, in note.

[245:A] Hening, i. 532.

[245:B] Hening, i. 535.

[247:A] Pepys' Diary, i. 110. Pepys was p.r.o.nounced _Peeps_.

[248:A] Chalmers' Revolt of Amer. Colonies, 99.

CHAPTER XXVII.

1661-1663.

Settlements of Virginia--The Church--Laws for establishment of Towns--Intelligence received of Restoration--a.s.sembly sends Address to the King--Demonstrations of Loyalty--Berkley visits England--Morrison elected by the Council in his stead-- a.s.sembly'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 trespa.s.sing 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 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 dest.i.tute 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 G.o.d 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 G.o.d 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 spa.r.s.eness 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 princ.i.p.al 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 a.s.sembly ordered a pet.i.tion 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 a.s.sembly, 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 a.s.sembly 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 acc.u.mulated 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 circ.u.mstances 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 a.s.sembly 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 emba.s.sy "to the Manados," or Manhattan. Colonel Carter was required to declare what pa.s.sed between him and Colonel William Clayborne at the a.s.sembly 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 a.s.sembly 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 a.s.sembly 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 a.s.sembly 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 a.s.sembly 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 quant.i.ty 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 a.s.sembly'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 ma.s.sacred 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 pa.s.sed, ent.i.tled "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 pa.s.sed 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 a.s.sembly. 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, pa.s.sed at ensuing sessions, frequently recur. The a.s.sembly 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 a.s.sembly, 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 a.s.sembly 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 a.s.sembly say, that "they have set down certain rules to be observed in the government of the church, until G.o.d 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 a.s.sist 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 a.s.sembly, 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 disfranchis.e.m.e.nt, 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 a.s.sembly 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 a.s.signed 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 a.s.sembly 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:

[249:A] "Leah and Rachel," published at London in 1656, in Force's Historical Tracts, iii.

[250:A] Virginia's Cure, (_Force's Hist. Tracts_, iii.,) printed at London, 1662, and composed by a minister. The initials on the t.i.tle-page, R. G. He appears to have taken refuge in Virginia during the Commonwealth of England; and it is evident 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 doc.u.ment, acrimonious toward the late government, but earnest in behalf of the spiritual welfare of Virginia.

[250:B] Hening, ii. 33.

[252:A] Hening, i. 435.

[253:A] Hening, i. 398, 418.

[253:B] Ibid., i. 545, and ii. 9.

[253:C] Ibid., ii. 24.

[254:A] Hist. of Virginia, second edition.