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Institutional
History of Virginia

In tKe SeventeentK Century

An Inqviiry into tKe Relig'ioxis, Moral, Ed\i-

cational. Legal, Military, and Political

Condition of tKe People

Based on Original and Oontemporaneous Records

By
PKilip Alexander Bruce, LL.D.

Author of "Economic History of Virginia in the Seventeenth Century,'
"Social Life of Virginia in the Seventeenth Century," "The
Plantation Negro as a Freeman," " Short History of
the United States," "Rise of the New-
South," "Life of General Robert
E. Lee," etc.

T^wo "Volximes
"Volxime II

G. P. Putnam's Sons

Ne-w "YorK and London

JTbc IRnickcrbocfter press
1910

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^ /i '" '''■^-. BY '.Jj

^^. f HILIP ALEXANDE^.BRUCE

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CONTENTS

PART IV

MILITARY SYSTEM

CHAPTER PAGE

I. General Regulations— Persons Liable

TO Serve . . . . . . 3

II. General Regulations-the Officers . 15

III. General Regulations — Arms and

Ammunition ..... 30

IV. General Regulations — Arms and

Ammunition ..... 46

V. General Regulations — Drill and Dis-
cipline ...... 61

VI. Indian Wars — Popular Apprehension 71

VII. Indian Wars — Marches ... 78

VIII. Indian Wars — Forts . . • • 97

IX. Indian Wars — Rangers . .115

X. Foreign Invasion — Early Forts . . 123

XL Foreign Invasion — Fort at Point

Comfort after 1630 .... 135

XIL Foreign Invasion — Later Forts . . 150

XIII. Foreign Invasion — Later Forts . . 163

XIV. Foreign Invasion — Guard Ships . .178

iii

iv Contents

CHAPTER PAGE

XV. Foreign Invasion — European Foes . 190

XVI. Foreign Invasion — Pirates . . . 203

XVII. Foreign Invasion — Pirates . . .217

PART V

POLITICAL CONDITION

I. Government under the Charters . 229

II. Government under the Charters . 242

III. Government under the Crown . . 255

IV. English Board of Control . . , 267

V. Loyalty to the Throne . . .274

VI. Territorial Divisions .... 287

VII. The Governor — His Appointment . . 300

VIII. The Governor — Length of Term . . 310

IX. The Governor — Pov^^ers and Duties . 316

X. The Governor — His Residence . . 332

XL The Governor — His Remuneration . 340

XII. The Governor — State and Dignity . 352

XIII. The Council — Its Membership . . 358

XIV. The Council — How Appointed . . 368

XV. The Council — Powers and Remunera
tion ......

XVI. The Council — Officers and Place of
Meeting .....

XVII. Secretary of State — Incumbents of
the Office ....

374

387
391

Contents v

CHAPTER PAGE

XVIII. Secretary of State — Powers and

Remuneration ..... 396

XIX. House of Burgesses — First Legis-
lative Bodies ..... 403

XX. House of Burgesses — Summons and

Basis of Suffrage .... 407

XXI. House of Burgesses — Place and Man-
ner OF Election . . . -417

XXII. House of Burgesses — Its Member-
ship ...... 423

XXIII. House of Burgesses — Frequency of

Sessions . . . . -431

XXIV. House of Burgesses — Remuneration. 435

XXV. House of Burgesses — Place of Meet-
ing ...... 450

XXVI. House of Burgesses — Hour of Meet-
ing and Attendance . . . 462

XXVII. House of Burgesses — Its Officers . 468

XXVIII. House of Burgesses — Procedure and

Committees ..... 477

XXIX. House of Burgesses — General Spirit 489

XXX. The General Assembly . . . 500

XXXI. General Assembly — Revised Acts 508

XXXII. General Assembly — By-Laws and

Agents ..... 515

XXXIII. Taxation — General History . . 522

XXXIV. Taxation— Public and County Levies 534
XXXV. Taxation— The Poll Tax . . . 540.

vi Contents

CHAPTER PAGE

XXXVI. Taxation— The Tithables . . 548

XXXVII. Taxation — The Assessment . . 556

XXXVIII. Taxation — Collection of Poll Tax 570

XXXIX. Taxation— The Quit-Rent . . 575

XL. Taxation — Indirect Taxes . . .581

XLI. Taxation — Collectors and Naval

Officers .... 590

XLII. Taxation — Auditor and Treasurer 598

XLIIL Conclusion 605

Index . . 637

Part IV
The Military System

CHAPTER I
General Regulations: Persons Liable for Service

THE Military System of Virginia in the Seventeenth
century was based entirely on a militia. The
Colony never sought to establish a regular army
for constant service, unless the companies of rangers
guarding the frontiers could be looked upon in that
light. For a short time only were the red coats of
English troops seen at Jamestown ; and with the excep-
tion of the conflicts among the Virginians themselves
occurring during the Insurrection of 1676, or of English
seamen with pirates, as in Lynnhaven Bay in 1700, no
event approaching the character of a battle took place
on the Colony's soil or in its waters, between white
persons during the course of this long period. Never-
theless, its military system was fairly well organized
as a protection against Indian invasion by land, and
foreign invasion by both land and sea. There was never,
as it turned out, a well founded reason for apprehension
on the score of a European foe except during the pro-
gress of the wars with the Dutch, but the danger of
Indian incursions was almost always present; and at
times that danger developed into an actual attack,
which carried destruction far and wide among the
frontier settlements, and even to the very heart of the
Colony. The recollection of the appalling massacres
of 1622 and 1644 was enough in itself to cause the people

4 The Military System

to maintain a more or less efficient military system so
long as any savages roamed along the borders, as they
continued to do down to the last day of the century.

Before entering into a detailed account of the special
means used to ward off an Indian or foreign invasion,
it will be appropriate to inquire into the general regula-
tions governing the Colony's military system. One
of the earliest as well as one of the most important of
these, adopted about eight years after the mem-
orable Orders of i6i8, put an end forever to the mar-
tial laws previously controlling the community ; in the
instructions given to Yeardley in 1626, it was expressly
enjoined that, with the exception of men newly arrived,
who were to be called upon to defend only the place
where they had settled should it be assailed, every male
individual above seventeen years of age and under
sixty was to be liable to be summoned to war, and to
perform military duties in proportion to his abilities.
It shows the strict attention paid to personal distinctions
in these times that, unless the necessity was an urgent
one, no officer could be compelled to go forth on a hos-
tile expedition in the character of a private soldier.^
The like instructions as to general military service were
given to Berkeley when, in 1 641-2, he received his first
commission as Governor of Virginia; they contained
but one, and that an unimportant, modification as
compared with the instructions given to Yeardley about
fifteen years before, namely, the military age was to
begin at sixteen. 2 Should any person, subject, under
these general regulations, to military duty, refuse or

' Instructions to Yeardley, 1626, Robinson Transcripts, p. 45.

2 Colonial Entry Book, 1606-62, p, 226. This remained the law
until the end of the century; see Beverley's History of Virginia, p.
218.

Persons Liable for Service 5

neglect to respond to the summons, he exposed him-
self to severe punishment. When, in 1627, Richard
Bickley declined to take up arms after being ordered
to do so by Ensign John Utie, he was promptly ar-
rested; and having been carried before the General
Court and tried, was sentenced to be laid neck and heels
for the space of twelve hours ; and also to pay a fine of
one hundred pounds of tobacco, at this time in itself a
heavy penalty owing to the high price of the commodity.^
An Act of Assembly passed in 1639 declared that
every person of the male sex of the legal age, unless a
negro slave, should be compelled to furnish his military
services whenever the occasion for it arose; and only
one year later, it was provided that every master of a
family should be held responsible for the performance
of military duties by each of its members physically
capable of bearing arms. 2 The word ' ' family " appear-
ing in the body of this law was intended to embrace
every dependant of the master except the negro slave,
who was again excepted from the scope of the statute.
In not excluding the white servant, the General Assem-
bly perhaps bore in mind the fact that, in time, such a
person would become a freeman and his usefulness as a
citizen would be increased and not diminished by the
military training which he might receive while still
bound by articles of indenture. The negro slave, on
the other hand, could not look forward to a day of
emancipation; and instruction in the use of the gun,
sword, and pike would only encourage him to turn that
knowledge against his master in order to secure his own
liberation by force.''

» Orders May 7, 1627, Robinson Transcripts, p. 65.

* Robinson Transcripts, p. 215; Randolph MS., vol. iii., p. 231.

* Acts of Assembly 1639, Randolph MS., vol. iii., p. 231.

6 The Military System

The exclusion of the slaves grew more rigid with the
passage of time, for as their number expanded, the
danger of accustoming them to arms only increased.
A like apprehension gradually sprang up in connection
with the white servants as this part of the population
came to form a larger proportion of the whole com-
munity. By 1672, only those white servants were
admitted to the ranks of the militia whose terms had
nearly expired^ ; and these simply because it was
felt that, as they would so soon become freemen, they
would have no inducement to turn their weapons
against their masters; and also because it would be
well for them, in anticipation of their approaching
citizenship, to enjoy a military training. When, in
1699, Governor Nicholson proposed that the whole
body of agricultural servants should be taught to bear
arms, the House of Burgesses returned a reply which
fully explains the change of sentiment that had taken
place on this point since the middle of the century:
they opposed such a policy on two grounds: first, it
would be burdensome to the large and small planters
alike, but above all to the small, necessarily the poorest,
to have their servants, — their main dependance for a
livelihood, — subject to every summons of the militia
officers, especially if issued at those seasons when the
tobacco crop required the greatest attention to protect
it from the worms and weeds in the field, or to cure it
properly in the barns ; and secondly, the arming of the
white servants would be dangerous to the community's
safety, as they included among their number many of
the "worst people of Europe." In justification of this
expression, the Burgesses declared that very many

"British Colonial Papers, vol. xxx., No. 51.

Persons Liable for Service 7

Irish servants, "soldiers in the late wars," had been
recently transported to Virginia to work in the planta-
tions. The incorrigible rudeness and ferocity of these
men made the strongest impression on all classes in the
Colony ; and .as soon as they were added to the sullen
and unruly element to be found at every period among
the servants, it was justly thought to be only common
prudence to keep all weapons of attack out of their
hands. The Burgesses closed with the statement that
it was difficult to control their white laborers when
unarmed ; and that, if they were armed and permitted
to attend musters, they might be tempted to seek to
obtain their freedom by slaying their masters. In a
war with a foreign foe, the Irish especially were much
more likely to desert to the enemy than to assist the
colonists.^

Whilst the second reason given by the Burgesses for
opposing Nicholson's proposition was more true of
one period than of another, nevertheless it must have
carried a certain force throughout the century. The
larger number of the servants, being men who had
voluntarily bound themselves by indentures to work
for their masters, during a definite number of years,
could have had no real inducement to raise their hands
against the landow^ners, or to join a foreign enemy; but
this could not be said of those persons who had been
imported into the Colony as common or political
convicts; the fiercest and most irreconcilable of these,
having nothing of good fortune to look forward to,
not unnaturally were disposed to make use of any means
or opportunity which would release them from their
galling bondage. There was perhaps only one crisis

1 Minutes of Council, June 2, 1699. B. T. Va., vol. lii.

8 The Military System

in which, so far as a foreign foe was concerned, all ranks
among the servants might have been safely enlisted in
the militia : this was during the progress of an Indian
incursion.^ The savages were not inclined to discrim-
inate between the different classes of white men, but
were implacably hostile to master and servant alike,
whether the latter was loyal or disloyal. The danger-
ous convict understood this fact as clearly as the servant
whose term was drawing to a close, and he, therefore,
knew that he could not fly to those wild children of
the forest with any hope that it would assure him a more
tolerable situation in life. The tomahawk or the torch
would have been his portion even though, as a trans-
ported Irishman, he regarded the English with a hatred
more unquenchable than ever burned in the breast of a
Monacan or a Huron.

There were among the freemen of the proper legal
age only one set of persons claiming exemption from
military service; these were the Quakers, who based
their demand, as we have seen, on their religious tenets
alone. The authorities, however, declined to yield to
it, and the sect's persistence in the teeth of this fact was
one of the principal reasons for the persecution to
which they were long subjected ; for it was felt by other
sections of the community that the Quakers were seek-
ing to shirk one of the most essential duties of citizen-
ship, and that, so far as they were able to evade it, the
safety of all was to that extent jeoparded. After the
passage of the Toleration Act, they w^ere relieved of
military service on payment of a fine; but it was not

' An Act of Assembly passed in 1 644-5 expressly allowed servants
to be enlisted in every march against the Indians; see Hening's
Statutes, vol. i., p. 292. A terrible massacre by the Indians had only
very recently occurred.

Persons Liable for Service 9

long before they were raising a protest even against
this. John Pleasants, the most prominent and in-
fluential member of the sect in Virginia, and a number
of other persons of the same faith, united, in 1696, in
petitioning the House of Burgesses to revoke the fines
which they had been condemned to pay for failing to
attend musters and to bear arms as the Act required;
and they complained bitterly of the hardships this
law imposed on them.^

The method of ascertaining the number of persons
residing in the Colony who were liable to perform mili-
tary service was substantially the same throughout the
century. As early as 1 644, the lieutenant of each county
was required by law to return to the Governor and
Council, on the first of every June, a full list of all such
persons^; whilst forty years later, the commanding
colonel, together with the justices, was instructed to
report the number of inhabitants qualified in estate to
provide and maintain a man and horse, or to serve as
troopers themselves; and also the number who could be
enlisted in the ranks as footmen or infantry.^

How many soldiers were the authorities able to raise
in an emergency? Berkeley, in 167 1, estimated that,
at this time, eight thousand horse at least might, by
extraordinary exertions, be called into the field.*

• Minutes of the House of Burgesses, Oct. 7, 1696, B. T. Va., vol.
Hi.

2 Robinson Transcripts, p. 239.

3 Colonial Entry Book, 1680-95, p. 249. In 1680, Major-General
Smith, addressing a letter to the commanding colonel of each
county in his district, ordered him to send to Jamestown a list of
all resident housekeepers and freemen able to bear arms, and also
a list of each company and troop actually organized. See letter
of General Smith, Nov. 20, 1680, Colonial Papers, vol. xlvi., No. 54.

* Hening's Statutes, vol. ii., p. 51.

lo The Military System

According to Chichely, there was, during the following
year, in the Colony, an organized militia numbering
twenty regiments of foot and twenty of horse. ^ In
1 68 1, Culpeper reported that there were then in
Virginia at least fifteen thousand fighting men; but he
probably included the agricultural servants, who, as
we have seen, were not admitted as a body to the ranks
of the trained bands. 2 The actual strength of the
military arm of all the counties at this time was esti-
mated at seventy- two hundred and sixty-eight footmen
and thirteen hundred horse, a disciplined force reaching
a total of eighty-five hundred and sixty eight. ^ A few
years later, however, Howard stated that the number of
footmen on an effective military basis did not exceed
three thousand.^ At the close of the century, and nearly
twenty years after Culpeper's report was made, Bev-
erley calculated that the available military power of
Virginia, as represented in its whole population, fell
little short of eighteen thousand men.^ But the
military force enlisted in the militia in actual service
was not so formidable; it embraced forty troops of

> British Colonial Papers, vol. xxi., No. li.

» Culpeper's Report, British Colonial Papers, vol. xlvii., No. 105.

5 Letter of General Smith to the Virginia Colonels, Colonial Entry-
Book, vol. xlvi., No. 54.

* B. T. Va. Entry Book, vol. xxxvi. p. i. It was in this year
that Nicholas Spencer complained that "little could his Excel-
lency (Howard) persuade with them (the Virginians) so to form
the militia as in time of danger to render it useful for the defence
of the country against our old Indian enemies, or other foreign
enemies, and also to make it awful to unruly home spirits. The
easy inclinations of some (though good) men was so wrought
on by slight insinuations of ill humoured spirits that neither of those
so necessary laws was adopted"; British Colonial Papers, vol. lix..
No. 58.

5 Beverley's History of Virginia, p. 218.

Persons Liable for Service ii

horse and eighty-three companies of foot, a total
of eight thousand, two hundred and ninety-nine
soldiers.^

Each county was directed to keep in an organized
state a body of troops, both horse and foot, or either
foot or horse, in proportion to the number of its in-
habitants fitted to perform miUtary service. For
instance, in 1686, when the House of Burgesses, with
great energy, sought to place the militia under the
regulations of the English system, it was provided
that the counties of Henrico, Charles City, James City,
Elizabeth City, Warwick, York, Surry, Isle of Wight,
Nansemond, Lower Norfolk, Westmoreland, and North-
umberland should respectively raise one troop of horse
and one company of foot; Middlesex, Stafford, Accomac,
and Northampton, each one troop of horse; Lan-
caster and Rappahannock, each two; whilst New
Kent and Gloucester were required to raise respec-
tively two troops of horse and two companies of
foot. 2

The number of soldiers whom each county about this
time could furnish is indicated by the reports returned
for Middlesex and Lancaster: in 1687, there were in
the former, fifty-one persons able to find a man, horse,
and arms, and eighty-seven able to serve as footmen. •^
In the same year, there were in Lancaster two hundred

> B. T. Va. 1697, vol. vi.,p. 73. In 1680, there were about sixty
men in a company and forty men in a troop beside the officers; see
Letter of Major-General Smith, Nov. 20, 1680, British Colonial
Papers, vol. xlvi., No. 54. In 1691, a troop was required not to
exceed fifty men and a company seventy; Minutes of Council, Brit-
ish Colonial Papers, 1680-95.

5 Minutes of Assembly, Nov. 3, 1686, Colonial Entry Book,
1682-95, P- 252.

3 Middlesex County Records, Orders Nov. 23, Dec. 14, 1687.

12 The Military System

and four persons fit to be enrolled in the latter capacity ^ ;
whilst in Lower Norfolk, there was a sufficient number
to form five companies, which, in the proportion of
sixty to the company, represented a fighting force of
three hundred. ^ Five years after these reports were
sent in, it was stated that all the white men inhabiting
the Colony, except those required to "look after the
stocks at home," were engaged in performing military
duties.^

Whilst every white man, not a servant, who had
reached the legal age was, unless specially exempted,
forced to enter the militia, yet when he took part in an
expedition designed for the Colony's defence, which
necessarily exposed him to danger, and for a period
more or less extended, drew him away from his regular
employment, it was thought to be only proper that he
should receive some compensation. This feeling, how-
ever, did not prevail at all times. In 1682, not long
after the people had been greatly alarmed by the immi-
nent prospect of an Indian attack from the north,
Colonel George Lyddall and Captain John Foster
petitioned the General Assembly for an appropriation
in the public levy in recognition of their extraordinary
services. That body, instead of complying, rebuked
them sharply for this self-seeking act. "Militia officers
and soldiers," they declared "ought, in case of sudden
invasion, inroad, or incursion of any Indian enemy or
others, to defend their counties without any allowance
from the public for the same."* At this hour, the

• Lancaster County Records, Orders Nov. 29, 1687.
•« Lower Norfolk County Records, Orders Nov. 30, 1687.
3 Memorial about the College, 1692, B. T. Va., 1692, No. 118.
•• Minutes of Assembly, April 10, 1682, Colonial Entry Book,
1682-95, P- 140.

Persons Liable for Service 13

General Assembly were experiencing a sensation of
relief over the final dissipation of the supposed peril
which had long clouded the spirits of the people, and
as this feeling was shared by all, they thought that it
should be accepted as a sufficient reward for whatever
service any citizen may have performed at a moment
deemed so critical. Other General Assemblies, how-
ever, did not always take this view ; and it was natural
that they should not, unless the safety of the whole
country was in jeopardy, at which time it seemed to be
dictated by the law of self-preservation that every man
who could shoulder a gun should spring to the protec-
tion of the Colony regardless of personal loss or hope of
remuneration.

The House of Burgesses undertook, in 1686, to re-
organize the militia according to the English system,
and among the most important provisions which they
discussed were those relating to the remuneration of
persons employed in military service. It seems to
have been finally agreed that every trooper actively
engaged in performing military duties should receive
fifteen pounds of tobacco, or one shilling and sixpence,
per diem, whilst the footman was to receive ten pounds
of tobacco, or one shilling for the same length of time.
One hundred pounds of that commodity was to be paid
per diem to the captain of a troop of horse, sixty to the
lieutenant, fifty to the cornet, and thirty to the corporal ;
and the stipend of the corresponding officers in the
companies of foot was, in each instance, to be just ten
pounds less.^ These wages, which were to change only
with the advancing or declining price of tobacco were to
be raised by an assessment in the regular levy ; and each

' Minutes of Assembly, Nov. 3, 1686, Colonial Entry Book,
1682-95, PP- 252, 350.

14 The Military System

county was to be liable for the amounts due the officers
and soldiers furnished by itself.^

' B. T. Va., 1692, No. 118; Minutes of Assembly, British Colonial
Papers, 1682-95, p. 3 50. By the provisions of a law passed in March,
1675-6, a footman assigned to garrison duty on the frontiers
was paid at the rate of 1500 lbs. of tobacco per annum, and a
horseman at the rate of 2000; a captain was paid 600 lbs. per
month, a lieutenant, 400, an ensign, 300, a sergeant, 250; and a
corporal, 150; see Hening's 5ia^wte5, vol. ii., p. 333. These wages
were for terms of service lasting only a few months. By a later
Act, a horseman was allowed 2250 lbs. per annuto; see Hening's
Statutes, vol. ii., p. 341. In 1679 the wage of a member of the
garrison designed for each of the four forts recently ordered to be
built was to be 200 lbs. of tobacco per month for the private sol-
dier, 1200 for the captain, 850 for the lieutenant, 600 for the comet,
and 850 for the surgeon ; Hening's Statutes, vol. ii., pp. 433-40.

CHAPTER II
General Regulations : The Officers

DURING the Colony's early history, the military
supervision of each Hundred seems to have
been imposed on an officer known as the com-
mander. ^ An Act of Assembly passed in 1623-4
charged him with the special task of supplying every
settlement within the area of country subject to his
oversight, with a sufficient quantity of powder and
shot and other ammunition; and he was also required
to see that the arms were kept complete, and the guns
fixed and ready for use on the shortest notice. 2 As the
bounds of the cultivated plantations had, by 1624,
spread out widely, and as there was a prospect that the
size of the population would now rapidly increase, it
was considered advisable to choose lieutenant-com-

» Brown's First Republic, p. 257. There seems to have been, at
an early date, an officer known simply as "the marshall." Ap-
parently, Capt. William Newce was the first to fill this place. In
1 62 1, he petitioned for the appointment "because he had ever been
exercised in military affairs." He admitted, however, that there
was no present need for such an officer "owing to the perpetual
league lately made with the Indian King. " The marshal was ex-
pected to care for the fortifications, the arms, and the troops of the
Colony; see Abstracts of Proceedings of Va. Co. of London, vol. i.,
pp. Ill, 119. In 1 63 1, Walter Neale, who was at the time in Eng-
land, petitioned for the office. It would seem that it had been in
abeyance for many years. British Colonial Papers, vol. vi., 1631-
33. No. 24.

2 Hening's Statutes, vol. i., p. 127.

i6 The Military System

manders to assist the commanders in the performance of
their duties, upon which the Colony's safety was so
vitally dependent. In the course of that year, Thomas
Flint was, by Governor Yeardley, nominated as the
lieutenant-commander of all the plantations lying on
both sides of the Southampton River, where William
Tucker was, at this time, the commander-in-chief.^
Doubtless other appointments were made.

The different commanders in 1626 were ordered to see
that every dwelling house was fully protected against
an Indian attack by a stout palisade. If any one
refused to take part in the work of construction, then
some one was to be hired at his expense to do his share
in his stead. 2 In the following year, as an additional
means of increasing the security of the different settle-
ments, the commander was directed to require every
person capable of bearing arms to remain on the
plantation belonging to him, or to which he was at-
tached in any character; and should he absent himself,
without that officer's permission, for an interval ex-
ceeding eight days, he was to be compelled to pay a
fine of twenty-five pounds of tobacco for every twenty-
four hours he remained away beyond that length of
time. Such a regulation as this, — which recalled the
strict military code of Dale, — was perhaps intended
only for a brief period when there was an urgent
necessity for extraordinary precautions in order to
disconcert the supposed designs of the wily Indian foe.
As hardly five ^'■ears had passed since the frightful
massacre of 1622 had occurred, the memory of that
sanguinary event was still fresh in the memory of every
one of the colonists. It was this fact which made the

' Robinson Transcripts, p. 190.
2 Ibid., p. 54.

General Regulations : The Officers 17

ordinance requiring every citizen's practical confine-
ment to one place appear a proper one in spite of the in-
convenience it must have often occasioned. ^ For many
years, it was felt that no scheme suggested by a wise
foresight could be too onerous or too exacting. In
anticipation of a sudden Indian incursion, every com-
mander was impowered to levy, of his own motion, in
the area of country under his supervision such a force
as would be sufficient to repel an attack of this kind^ ;
and this force was the more easily and quickly raised
in consequence of the rigid restrictions set upon the
movements of those who constituted the militia.

The terms of the commission issued to a commander
in 1630 throw light, in a general way, on the duties
which he was required to perform at that time, — he was
to "command and govern the several plantations and
inhabitants" belonging to the area of country under
his special charge, an expression interpreted as meaning
that he was to conserve the peace, and also to execute
the orders received by him from the higher authorities.
Above all, he was expected to show the utmost vigilance
in discovering the plots and schemes concocted by the
Indians against the English, and the most unwearied
energy in preventing the terrible mischiefs certain to
follow, should these plots and schemes remain uncircum-
vented.2 At a later date, the commander acted as the
chief commissioner of health for his district.^ But,

« Robinson Transcripts, p. 65.

2 Hening's Statutes, vol. i., p. 148. This was in 1629. In 1628,
the commanders seem to have acted also as general conservators
of the peace ; see Randolph MS., vol. iii., p. 211.

3 Hening's Statutes, vol. i., p. 131.

* See a curious proclamation by the "Colonel and Commander"
of Northampton, 1667, in which, after a statement that many
persons were suffering from smallpox in the county at this time.

VOL. II.

i8 The Military System

from some points of view, the duty of most dignity and
responsibility performed by him was performed as the
head of the bench of justices for that district; all the
orders of this court were originally drawn in the
name of the "Commander and the Commissioners";
and this continued to be the case for many years
after the formation of the system of counties.

As soon as the shire system was established, a com-
mander was appointed for each of the counties. His
importance seems to have been increased, and not
diminished, by the contraction of his territory; and he
is found engaged in performing an even greater variety
of duties than before. In 1641, for instance, when, un-
der the provisions of an Act of Assembly, stores had to
be erected to receive all the tobacco of the Colony pre-
vious to its being paid out or shipped abroad, the com-
mander of each county was enjoined by proclamation
to see that the proper ones were built within the bounds
subject to his supervision.^ It was incumbent on him,
not only to require the people to attend the religious
services held on Sundays and holidays, but also, in
special cases, to superintend the construction of a new
church ; or at least to see that it was completed. It was
in harmony with this, that, in 1641, the building of such
an edifice at Sewell's Point was confided to the general

warning is given to all families affected to allow no member "to
go forth their doors until their full cleansing, that is to say, thirtie
dayes after their receiving the sd smallpox, least the sd disease
shoulde spreade by infection like the plague of leprosy . . . such
as shall no-things notice of this premonition and charge, but
beastlike shall p'sume to act and doe contrarily, may expect to be
severely punished according to the Statute of King James in such
case provided for their contempt herein; God save the King."
Northampton County Records, vol. 1655-58, last part, folio p.
19. This volume is improperly marked; see Orders January 7, 1667.
' Accomac County Records, vol. 1640-45, p. 85, Va. St. Libr.

General Regulations : The Officers 19

charge of the commander of Lower Norfolk. ^ It was
his duty also to see to the enforcement of all the laws
relating to tobacco culture. Apparently, too, he re-
ported to the Governor and Council the name of every
person who had just arrived in the Colony and settled
in his county ; and he seems also to have taken an annual
census of those of its inhabitants who were fitted for
military duty. In 1642-3, the commanders were made
the principal custodians of the public powder which, in
the course of that year, was distributed in barrels
among the different counties. 2 About this time, each
of these important officers received an annual salary of
six thousand pounds of tobacco, a remuneration in
proportion to the heavy and varied responsibilities of
the position. 3

Whenever a commander was compelled to absent
himself from the Colony for a considerable length of
time, the rule previous to the middle of the century was
for him to recommend to the Governor and Council
some temporary substitute well fitted by ability and
experience to fill the place. When, in 1641, Captain
John Upton, of Isle of Wight, was about to set sail for
England, he requested the nomination to the office of
commander of that county, then occupied by himself,
of Joseph Salmon, who was to hold it until Upton re-
turned to Virginia. And Salmon was promptly ap-
pointed to the vacancy.^

At this time, the commander was impowered to choose
all the military officers who were to be subordinate to
himself; but before his nominations could become final,

' Lower Norfolk County Records, Orders May 2, 1641.

2 Hening's Statutes, vol. i., p. 277.

3 Ibid., p. 294.

^ Robinson Transcripts, p. 25.

20 The Military System

they had to receive the approval of the Governor in his
capacity as the head of the Colony's military system. ^
These officers, in 1645, consisted of a lieutenant for
the whole county, and of a deputy lieutenant for each
of the precincts into which it was divided. 2 A few years
later, during the existence of the Commonwealth,
important modifications were made in the general
military administration of the different counties; and
this extended to the appointment of the junior officers.
For instance, in 1652, Colonel Francis Yeardley,
Lieutenant-Colonel Cornelius Lloyd, and Major Thomas
Lambert, members of the bench in Lower Norfolk,
together with Christopher Burroughs, another member,
were, in very critical periods, authorized by Act of
Assembly to choose all such officers; they were required,
in addition, to see that the soldiers were drilled, and
that their guns were properly fixed; but above all, they
were required to call the people to arms in an emergency,
whether it was to repel an Indian incursion, or to resist
a foreign invasion. They were also instructed to
retain in their custody the supplies of public powder.
They alone were impowered to carry out the military
orders of the General Assembly as well as of the Gov-
ernor and Council. 3 The same system was at this time
in operation in all the counties. The group of men who

' Hening's Statutes, vol. i., p. 294.

2 Ibid., p. 300. Northampton, by order of the county court, in
1644, was divided into ten districts, and a justice of that court
placed at the head of the military organization for each district; see
Records, Orders April 30, 1644. The officers appointed in 1651 for
these different districts were chosen by Nathaniel Littleton, a
member of the Council, under the authority granted by his com-
mission. Each enjoyed the rank and title of captain; one major
was also named; Records, vol. 1651-54, p. 47.

3 Lower Norfolk County Records, vol. 1651-56, p. 22. In 1680,
similar instructions were given by Major-General Smith to all the

General Regulations: The Officers 21

in each exercised military control were designated as
the "commissioners of militia." The four commissioners
were nominated simultaneously with the justices of the
county court ; and not only were they members of that
court, but three of them at least were always members
of the quorum. 1 The General Assembly reserved to
itself the right to suspend a commissioner at any hour,
and to name another justice in his place. ^ During the
whole of this interval, a major-general, appointed by
that body, was in charge of the Colony's military admin-
istration. This office, in 1659-60, was filled by Colonel
Mainwaring Hammond, who had won distinction in
the English civil wars.^

After the restoration of the royal authority in
Virginia, the Colony was divided into four military
districts. The first, Jamestown being its centre, was
placed in Berkeley's immediate charge, while each of
the other three was under the direct control of a major-
general, the most prominent of whom was Richard
Bennett, an occupant of the post of Governor during
the period of the Commonwealth. Each major-general
was assisted by two adjutants. In every one of the
counties composing a district, there was a regiment of
foot commanded by a colonel and a group of subordi-
nate officers; and in some, there was also a troop of
horse, commanded by a captain, lieutenant, and
ensign. Whenever the various troops of horse were

colonels under his command; see Letter, Nov. 20, 1680, British
Colonial Papers, vol. xlvi., No. 54.

' In 1653, the commissioners of militia for Westmoreland county
were Col. Thomas Speke, Lieut. -Col. Nathaniel Pope, Major John
Hallows, Capts. Thomas Blagg and Alex. Bumham; see Records,
Orders April 4, 1655.

2 Randolph MS., vol. iii., p. 270.

^ Hening's Statutes, vol. i., p. 545.

22 The Military System

drawn together so as to form a large body of cavalry,
they were placed under the command of a single superior
ojfficer, to w^hose orders alone the different captains and
their subordinates were subject. ^ The system of militia
commissioners prevailing in the time of the Protectorate
was still in operation as late as 1672; during this year,
Lemuel Mason, the first of the quorum for Lower
Norfolk, requested Governor Berkeley to appoint to the
board for that county certain members of its bench of
justices, whose names he mentioned; and following
what was, no doubt, the usual course, Berkeley promptly
complied with his petition. 2

Apparently, this system was not proving entirely
satisfactory when Howard's term as Governor began;
or at least he thought it to his interest to represent
it in that light; for in 1687, he wrote to the English
authorities that he had succeeded in imparting to the
system greater method by appointing the members
of the Council to the positions of local commanders-
in-chief. As the number of members was too small to
supply a separate officer of this rank for each county,
it is probable that, after this change went into effect,
the same Councillor acted as colonel for the whole
group of counties for which he served as collector of
customs; this was rendered the more practicable by
the fact that after, if not before, 1691, there w^as a
deputy commander or lieut. -colonel nominated for
each county, who, no doubt, performed all the duties

» Ludwell to Arlington, 1666, Winder Papers, vol. i., p. 206;
British Colonial Papers, vol. xx., No. 125, 125 I. In 1680, Col.
Joseph Bridger was the commander of the horse belonging to
Isle of Wight, Surry, Nansemond, and Lower Norfolk counties,
and Colonel Richard Lee, of the horse belonging to Westmoreland,
Northumberland, and Stafford.

2 Lower Norfolk County Records, vol. 1666-75, p. 1312.

General Regulations : The Officers 23

discharged by the commander or colonel when each
county possessed one such officer of its own. The
plan was for the Councillor, serving as commander-
in-chief for a group of counties, to receive orders from
the Governor and to transmit them to each of the
deputy-commanders or lieut. -colonels residing in a
different county. The deputy commander, however,
was authorized to raise troops of his own motion in
the emergency of a sudden invasion, whether Indian
or foreign; and he was only required to send in after-
wards a report of his proceedings; which he could do
either to the Governor, or the Commander-in-chief
of the group of counties embracing his own.^

A list of military officers for each county in 1680,
which has been preserved, shows the gradations in
rank prevailing at that time. In Henrico, the militia,
consisting of foot, were commanded by a colonel, lieut. -
colonel, a major, and a captain. Besides the first three
of these officers, there were in Charles City three cap-
tains, and also a lieut. -colonel and captain of horse.
In James City, there were a colonel, major, and two
captains of foot, and one captain of horse; in Isle of
Wight, a colonel and major of horse, and a colonel,
lieut. -colonel, nlajor, and captain of foot; in Surry
and Lower Norfolk respectively, a colonel, major, and
captain of foot, and also a captain of horse ; in Nanse-
mond, a colonel, lieut. -colonel, two captains of foot
and also one of horse; in Elizabeth City, a colonel
and major of foot and a captain of horse; in New Kent,
a colonel, lieut. -colonel, major, and two captains of foot

' B. T. Va., Entry Book, vol. xxxvi., p. i; Orders of Council,
May 18, 1 69 1, Colonial Entry Book, 1680-91. The commander-
in-chief was simply a colonel, and the deputy-commander, a lieut.-
colonel.

24 The Military System

and two captains of horse; in York, a colonel, major,
and two captains of foot; in Gloucester, for foot and
horse respectively, a colonel, lieut. -colonel, major, and
captain; in Rappahannock, a colonel, lieut. -colonel,
major, and two captains of foot, and a colonel and
captain of horse; in Middlesex a colonel, lieut. -colonel,
and major of foot, and also a captain of horse; in
Lancaster, a colonel, lieut. -colonel, major, and captain
of foot.

This list embraces the great majority of the counties
into which Virginia was divided at this time; and it
shows for each, with very few exceptions, a full com-
plement of military officers.

The men who bore these military titles were the
foremost in all the various departments of action rep-
resented in the Colony. The list of colonels or com-
manders-in-chief included such influential members
of the community at large as the elder William Byrd,
of Henrico county; Edward Hill, of Charles City;
Thomas Ballard, of James City; Joseph Bridger, of
Isle of Wight; Thomas Swann, of Surry; John Lear,
of Nansemond; Lemuel Mason, of Lower Norfolk;
Charles Morryson, of Elizabeth City; John West, of
New Kent; John Page, of York; Augustine Warner,
of Gloucester; John Stone, of Rappahannock; Chris-
topher Wormeley, of Middlesex; William Ball, of
Lancaster; and William Pierce, of Westmoreland.
Among the deputy-commanders or the lieut. -colonels
were such prominent citizens as John Farrar, Daniel
Clark, John Pitt, William Browne, John Milner, Robert
Bray, John Lyddall, LawTence Smith, William Lloyd,
John Burnham, John Carter, Isaac Allerton, William
Waters, and Cadwalader Jones. The list of majors
included leading men like Thomas Chamberlaine, John

General Reg^ulations : The Officers 25

Mottrom, William Spencer, Charles Scarborough, John
Stith, Thomas Taverner, Samuel Swann, Anthony
Lawson, Otho Thorpe, Francis Burwell, Robert Bever-
ley, Edward Dale, and Thomas Yewell; among the
captains were Hancock Lee, William Custis, Edmund
Scarborough, William Randolph, John Goodridge,
Thomas Goodwyn, Adam Keeling, Francis Page,
Richard Booker, and Leroy Griffin.^

The list of officers serving in the militia in still
another year shows that the very best talents which the
Colony could furnish w^ere employed for the country's
defence at that time also. Among the colonels or com-
manders-in-chief for the different counties were the
elder William Byrd, Edward Hill, Benjamin Harrison,
Miles Gary, Philip Ludwell, Edmund Jennings, Mathew
Page, Ralph Wormeley, Robert Carter, Richard Lee,
George Mason, Charles Scarborough, and John Custis,
all men of wealth and great social and political influence.
Among the deputy commanders or lieut. -colonels were
William Randolph, Thomas Ballard, Mathew Kemp,
William Moseley, Joseph Ball, Willoughby Allerton,
and Nathaniel Littleton, — men hardly less conspicuous
in the community at large than the superior officers al-
ready named. And equally distinguished were many
of those occupying the rank of major; such, for instance,
as Thomas Swann, John Thoroughgood, Anthony
Armistead, William Bassett, Peter Beverley, Rodham
Kenner, Thomas Lloyd, Edmund Scarborough, and
William Waters. ^

> List of Civil and Military Officers, 1680, British Colonial Papers,
vol. xlvi., No. 81.

2 Minutes of Council, B. T. Va., vol. liii. The following contains
a full list of the officers of a New Kent troop (i 699-1 700) : William
Bassett, colonel and lieut. -colonel; Francis Burwell, Heutenant and

26 The Military System

The prominence of the citizens filling the different
military positions was not characteristic of these two
years alone, — it will be found to have distinguished
all the men occupying the same grades during every
period of the Seventeenth century. The reason for
this is quite plain, — serving as officers in the militia
did not simply create an opportunity for personal
display on occasions when an entire county's inhabi-
tants were present to take part in the muster drill;
it meant far more even than the gratification of a taste
for military exercises, for, in the end, every officer was
certain to have an experience of actual warfare in
some of its harshest forms, — long and fatiguing marches
in all kinds of trying weather, through thick forests
and over swollen streams; an increasing vigilance by
night and day to avoid the ambuscades of the wily
savages; and finally, perhaps a desperate battle from
behind boulders, logs, and trees. It was not merely to
a parade or a promenade that the officers of the militia
had to look forward, but to the dangers and perils
springing from the presence of a cunning and impla-
cable foe, to be circumvented only by the coolest
bravery, and by the most thoughtful prudence. The
most ordinary foresight, therefore, dictated that,
when the appointment of these officers was to be made,
the most capable men whom each county could furnish
should be chosen, if for no other reason, to strengthen
the confidence of the common soldiers when the hour

major; Nicholas Meriwether, comet and captain; John King,
guidon and captain; Henry Chiles, quartermaster and lieutenant;
William Harman, John Breeding, and David Anderson, brigadiers
and lieutenants; Richard Allen, William Lacey, and John Parkes,
Jr., sub-brigadiers and comets. These names represented the fore-
most families in this county; B. T. Va., vol. viii., Doct. 53.

General Regulations : The Officers 2 7

for fighting arrived. The prospect of personal peril
must in itself have been a powerful inducement to the
younger members of the principal families to seek
a position higher than that of the file; should war
break out with the Indians, it was the officer who would
occupy the chief post of danger, and it was also the
officer who would enjoy the best chance of winning
distinction, — a combination that has always appealed
irresistibly to the minds of those who have in their
natures the promptings of ambition and a thirst for
adventure. The general uneventfulness of the plan-
tation life very probably caused these men to relish
the more the different excitements always experienced
by the officers called out to repel an Indian attack,
so often so suddenly precipitated against the outlying
settlements. The appalling features of warfare with
a foe regardless of all the amenities of civilized combat
must also have had its effect in stimulating that patri-
otic feeling which was no small factor among the motives
causing the foremost citizens to apply for positions of
command in the militia. And appointment to such
a position as involving the defence of every fireside,
tended also to enhance that general influence in the
community at large already enjoyed by the man
filling it.

Throughout the Seventeenth century, the com-
mander-in-chief or lieutenant-general of the whole
Colony was the Governor, as the representative of
the King. To him, even the different major-generals
appointed from time to time were subordinate. The
Governor, or as he was then known, the President of
the Council, was, by the instructions given at the
Colony's foundation, impowered to exercise military
control over all the captains and soldiers stationed

28 The Military System

there ^; and these instructions were repeated whenever
a new Governor was appointed, whether it was during
the time of the Company's administration or the
Crown's. Howard's commission, granted in 1685,
authorized him expressly, first, to levy and arm all
the inhabitants subject to military duty and to trans-
fer them, as he thought advisable, from place to place;
secondly, to execute martial law in time of war; and
thirdly, with the Council's advice and consent, to
build forts and erect fortifications, and provide both
with the necessary ordnance. ^

As commander-in-chief of the whole Colony, the
Governor attended the different musters, made tours
of inspection, and reviewed the companies of rangers
stationed at the heads of the rivers. In the same
character, he settled all disputes arising among the
officers of the militia, and decided all questions specially
affecting the usefulness of the service. No Governor
was more active and indefatigable in performing the
military duties of his position than Nicholson, a man
who never failed to encourage whatever was calculated
to protect as well as to advance the Colony's interests.^
He was constantly visiting the different parts of Vir-
ginia in order to strengthen the military arm; in one

' Orders of Council, 1606, Brown's Genesis of the United States,
vol. i., p. 77.

2 Colonial Entry Book, 1685-90, pp. 11, 12.

3 Minutes of Council, Aug. 24, 1692, Colonial Entry Book, 1680-
95. Nicholson was interested in the musters from a social as well
as from a military point of view, for he said that "they tended
to divert the people from melancholy thoughts," B. T. Va., 1692,
Colonial Entry Book, 1680-95. I" ^699, we find him reconciling
the differences which had disorganized the militia of New Kent;
he ordered a general muster to be held at the court-house on Ndv.
14th, and promised himself to be present; Minutes of Council, Oct.
26, 1699, B. T. Va., vol. liii.

General Regulations : The Officers 29

of these tours, he reviewed the militia of EUzabeth
City, Warwick, Accomac, and Northampton counties.
Andros too was not slow in imitating so zealous
an example; not long after his arrival at Jamestown
to assume the duties of the Governorship, he made a
journey to several divisions of the Colony in order to
form, by personal inspection, an accurate conception
of its military needs. ^

The Governor and Council often sat as a council of
war, and their decisions in that character very fre-
quently had consequences of the highest importance. ^

1 B. T. Va., 1692, No. 123.

' Robinson Transcripts, p. 241.

CHAPTER III
General Regulations : Arms and Ammunition

WHAT were the arms and ammunition used by
the mihtia of Virginia during the Seventeenth
century? How were these different articles
when needed, obtained?

For many years after the Colony's foundation,
armor continued to be worn there in time of war,
although it had been practically discarded in England
as no longer affording protection against the impact
of a bullet. The reason lay in the special weapons
of the Indians; until, by trade with white men, they
procured an ample supply of guns, powder, and lead,
a fine suit of steel was capable of resisting any imple-
ment they might bring to bear, whether it was the
bow and arrow, or the tomahawk. In the beginning,
armorers were constantly sent out from England to
Jamestown in order to repair the coats of mail, which,
at this time, proved to be so serviceable; but the
means of shielding the body was not confined to head-
pieces, coats, and corselets of metal, — quilted coats
and jackets and buff coats were also used with almost
equal success. The personal weapons now relied upon
by the soldier in attack or defence were snaphaunce

Arms and Ammunition 31

pieces, matchlocks, muskets, pistols, petronels, swords,
rapiers, hangers, and daggers. Writing of this early
period. Smith stated that there was scarcely a man
in the Colony who was not furnished with "a piece,
a lock, a coat-of-mail, a sword or rapier. "^

Although, during these first years, the very existence
of the settlement at Jamestown depended upon the
completeness of all the military arrangements, yet
as late as 161 1 no house for either the weapons or
the powder had been built. The vigilant and prac-
tised eye of Dale, fresh from the wars in the Low
Countries, perceived the need of such storehouses as
soon as he disembarked. 2 So slenderly, however, was
Virginia provided with ammunition six years later
that Governor Argoll considered it prudent to issue
a proclamation forbidding the waste of powder in
wanton firing.^ The Indians soon observed the small
use made of the gun by the colonists in consequence
of this general order, and not understanding the real
cause, but supposing that the "English pieces were
sick, " took advantage of it to fall upon the outlying
settlers, many of whom they were able to slay by
the suddenness of their attack. *

The appalling Massacre of 1622, which showed in
such a distressing manner how great was the need of
guns and ammunition on the plantations at that time,

' Works of Captain John Smith, vol. ii., p. 258, Richmond edition.
At Smith's departure for England, there were three hundred small
arms in the Colony, such as muskets, snaphaunces, firelocks, etc.
Works of Captain John Smith, vol. i., p. 240, Richmond edition.

2 Brown's Genesis of the United States, vol. i., p. 492.

3 "No man to shoot but in defence of himself against enemies
until a new stipply of ammunition comes, on pain of one year's
slavery"; Randolph MS., vol. iii., p. 144.

* A Briefe Declaration, Colonial Records of Virginia, State Senate
Doct., Extra, 1874, p. 78.

32 The Military System

led the London Company to petition the King that
a large quantity of armor, then lying in the Tower,
should be sent out to Virginia, where it might be of
use in the fights with the Indians, "though of no use
for modern science." The King complied. His gift
consisted of one hundred coats and forty jackets of
mail, four hundred jerkins or shirts made of the same
metal, and two thousand iron skulls; and in addition,
there were one thousand halberts and bills, two thou-
sand pistols, and five hundred targets and bucklers.^
He also furnished twenty barrels of powder; to be
returned, however, by the end of five months. But
two years later, he presented the Colony with a last^ ;
which was so greatly needed at this time that the
General Assembly had been led to pass an Act direct-
ing the different commanding officers to put a stop to
all waste of this invaluable article at entertainments,
at which free drinking was likely to make the people
reckless in its expenditure.^

The following table gives a closely approximate
statement of the resources in arms and ammunition
possessed by the Colony about the years 1625 and
16264;

' Abstracts of Proceedings of Va. Co. of London, vol. ii., p. 7;
Colonial Entry Book, 1 606-1 662, p. 203; British Colonial Papers,
vol. ii., 1622-3, No. 9. Lord St. John, in November, 1622, pre-
sented the Colony with fifty coats of mail, which were carried over
in the Abigail; Abstracts of Proceedings of Va. Co. of London,
vol. ii., p. 18. The piece of armor discovered at Jamestown when
earthworks were thrown up there during the War of Secession
was not improbably one of those presented by King James or Lord
St. John. This piece is now preserved among the collections of
the Virginia Historical Society.

2 British Colonial Papers, vol. iii., Nos. 19, 33.

3 Ibid., 1624-5, No. 9.
* Ibid., 1624-5, No. 35.

Arms and Ammunition

Table, Resources of the Colony in Arms and Ammunition

1625-26

College Land

Neck of Land

West Shirley Hd

Jordan's Journey

Chaplain's Choice

Persey's Hd

Paspeheigh

Maine

James City

James Isd

Neck of Land, Jas. Cy

Archer's Hope

Burrows Hill

Pace's Paines

Roger Smith's Plantn.

Blaney's Plantn

Saml. Matthews

Crowder's Plantn

Geo. Sandys

Hog Island

Martin Hd

Mulberry Isd

Warrosquoicke

Newport's News

Elizabeth City

Hampton River

Eastern Shore

Total

Coats

of
Mail.

13
16

5
5
4

31
10

13
1 1

23
7
4

276

Powder

by
Pounds.

402
66

35*

39
79
II

7
16

3
27

7
II

3
26

39
85
50

43
10

142!

68
1454

1032

Lead

Pounds

52
258
508
704
340

253
60

784
38

100

122
42

IIS

12
300

50
330
190
366

300
200
2799
767
641

933'

Armors.

17
II

8
13

7
19
15

9
27

8
2

9
10

30
20

31
21

384

Pieces.

16
28
45
37
12

18
24
18

54
24

13
12

5
12

19
18
12
10

17
26

208

803

Swords.

6
15

32
6

57
9
4
7

3
9

1 1

31
42

97
20

404

There should be added to the stores summarized
in the preceding table one buff and eighteen quilted
coats, twenty coats of steel, ten corselets, twenty-two
pistols, and twenty-six matchlocks; and also one and
a half barrels of powder. From the smallness of the
number of pistols found in making this military inven-
tory, it would be inferred that the large collection of
these weapons presented in 1622, by King James,
either had become useless, or had never arrived in the
Colony. In these early years, it was peculiarly neces-

VOL. II 3

34 The Military System

sary to disperse the arms and ammunition among the
different settlements so as to afford the people every-
where a means of defence in case of an attack. This was
one of the principal lessons taught by the Massacre of
1622. But it was not enough that, in these scattered
groups of plantations, there should be storehouses in
which the guns, pistols, powder, and bullets, the coats
of mail and corselets, could be safely kept ; for even if
there were storehouses of this kind, the situation of
each colonist, living on his own separate estate, and
exposed to the unexpected assaults of the wiliest and
most secretive of enemies, was such that the ordinary
weapons could only have been of use to him when
they stood ready to his hand. Should he be able to
procure them only by going to a common magazine
standing several miles off, he would run imminent risk,
not only of being cut off himself, but also, in his absence,
of having his whole family butchered and mutilated by
the tomahawk and scalping-knife of the savage. If the
authorities, in recognition of such a danger, distributed
the arms and ammunition allotted to the respective
districts by the government at Jamestown, not among
the different settlements, but among the different land-
owners, only a few years must have passed before most of
the guns were either broken or destroyed in the pursuit
of wild game, or seriously rusted from disuse, whilst the
larger part of the powder was consumed either in hunt-
ing or in wanton firing, or was lost by mere carelessness.
In spite of the considerable amount of military
supplies shown by the report of 1624-5 to be in the
Virginians' possession at that time, it is no cause for
surprise to find that, at the end of the next two years,
the Governor and Council wrote to the Lords Com-
missioners in England that the store of powder and

Arms and Ammunition 35

bullets in the Colony then was so scanty that it was
insufficient for use even against domestic enemies.^
This fact led, in 1627, to the issuance of a proclamation
containing a warning against a wasteful expenditure of
powder on the occasion of a public meeting, drinking-
bout, marriage, or any other entertainment. There was
the more reason for such restraint and economy at
this time because a war with the Indians was impend-
ing. ^ The Governor earnestly petitioned the King
in 1630 to increase the quantity of this material in
Virginia by adding to it two or three lasts drawn from
his private store. ^ During the following year, Captain
Osborne received one hundred and fifty pounds of
tobacco for lead which he had furnished the Colony,
and eight hundred pounds for buff coats; whilst one
hundred were paid another person for the like articles
which he too had supplied at his own expense.* Among
the different kinds of ammunition transported to
Virginia in 1641 by the ship Dor sett were ten barrels
of powder.^ Only three years later, a general tax, in
proportion to the number of tithables last returned to
Jamestown, was imposed for the purchase of the like
material as well as of shot and lead.^ And so indis-
pensable to every person for the defence of himself and
family was the possession of arms and ammunition
considered at this time to be that they were specially
exempted from execution at the sheriff's hands to
satisfy a judgment.''

' British Colonial Papers, vol. iv., 1626-28, No. i.

2 Randolph MS., vol. iii., p. 210.

3 British Colonial Papers, vol. v., 1629-30, No. 85.
* Hening's Statutes, vol. i., p. 171.

5 British Colonial Papers, vol. x., 1639-43, No. 87, I.

6 Robinson Transcripts, p. 240.

' Hening's Statutes, vol. i., p. 297.

36 The Military System

George Menifie and Richard Bennett, two of the
Colony's most prominent and trusted citizens, were,
in 1644-5, appointed commissioners to purchase a large
quantity of powder and shot; and in order that they
might have a sufficient fund with which to do this, they
were impowered to use for this purpose all the public
tobacco accumulated in the possession of the different
sheriffs. 1 About ten years afterwards, an assessment
for the acquisition of the same articles by each county
was ordered; and the justices were, at a later date,
required to inform the General Assembly as to whether
this levy had really been made by them, and also as to
whether any ammunition remained in their custody. ^
The fines collected by the local courts for various
offences were now for the most part expended in the
purchase of powder and shot.^ It was one of the
principal duties of the commissioners of militia ap-
pointed for each county to provide four barrels of the
former, and a proportionate quantity of the latter,
for each regiment of troops subject to their command;
and the cost of both was defrayed by a special appro-
priation.* Not infrequently, a private citizen, at his
own expense, supplied both arms and ammunition, for
which he was afterwards reimbursed in the public levy ;
as large a sum as six thousand pounds of tobacco was,
in 1656, received by Col. Edward Hill to recoup him for
such an outlay.^

After the period of the Commonwealth ended, each
county was impowered to pass a by-law to enable it,

' Hening's Statutes, vol. i., p. 297.

2 Randolph MS., vol. iii., p. 256.

3 Ibid., p. 263.
* Ibid., p. 269.
5 Ibid., p. 273.

Arms and Ammunition 37

by taxation confined to its own inhabitants, to provide
as much ammunition as its mihtia should, by experience,
be found to need.^ In order to increase the quantity
of powder on hand, Governor Berkeley, in 1667, urged
the English Government to allow no vessel to set sail
for Virginia from an English port without ten or twenty
barrels of this article, to be paid for by the authorities
at Jamestown at a rate representing an advance of
fifty per cent, on its price when obtained in the Mother
Country. 2 Three years afterwards, the same Governor,
in the Colony's name, secured a large quantity of powder
and shot, for which, though valued at one hundred and
fifty-one pounds sterling, he laid down at once only sev-
enty-five pounds and seventeen shillings. At this time,
ammunition for public use was bought by means of an
annual public appropriation ; and it was in anticipation
of such an appropriation that Berkeley made the pur-
chase last referred to, probably under an apprehension
that, should he allow the opportunity to pass, the
country would, for the time being, greatly suffer. The
General Assembly gave directions that the sum of
eighty-five pounds and seven shillings should be paid
him, presumably by way of reimbursement; whilst the
powder and shot acquired were to be distributed among
the counties in proportion to the number of their
respective soldiers. ^

In 1673, the General Assembly passed an Act designed
to supply the militia with arms and ammunition in
larger quantities, and with greater certainty, than
formerly.'* The captains of both horse and foot in

' Hening's Statutes, vol. ii., p. 238.

2 British Colonial Papers, vol. xvi., No. 143.

3 Orders of Assembly, Oct. 3, 1670, Colonial Entry Book, vol.
Ixxxvi.; Hening's Statutes, vol. ii., p. 514.

* Only one year had passed since Chichely had stated that twenty

38 The Military System

each county were required to take into careful account
whatever deficiency in either articles might exist in
their several troops and companies, with a view to
reporting it to the commanding colonel; or if there
should happen to be for a time no such superior officer,
then to the justices of the county court. In order to
meet the want, whether it consisted of powder and shot
alone, or of muskets and swords for the foot, and pistols,
carbines, and swords for the horse, a special levy was to
be laid by the county as the quickest means of raising
the necessary purchase money. At least two pounds
of powder and six pounds of shot were to be provided
for every common soldier ; but all the stores of these two
articles were to remain in the officers' custody, and
to be distributed only when an occasion for their
immediate use arose. ^

How great was the general deficiency in both arms
and ammunition at this time may be judged from the
reports made under the terms of this Act by the militia
officers of York and Accomac counties. John Page
stated that there were wanting in the York troop of
horse seven cutlers with waist belts, fifty carbines, and
forty cases of pistols and holsters; in Colonel Bacon's
regiment of foot, eighty muskets and one hundred and
sixty swords and belts ; and in the regiment commanded
by Colonel Beale, seventy muskets and seventy cutlers.
Moreover, there seems to have been no supply of

regiments of foot and as many of horse had been recently raised,
and yet one soldier in every ten was lacking in arms. Unless the
King, Chichely declared, "would send some supply of arms and
ammunition with cannon and ball for our forts, we must be forced
to fly to the mountains for our security, and leave this country and
our estates a prey to the invader. " There was danger at this time
of an attack from the sea; British Colonial Papers, vol. xxx., No. 51.
> Hening's Statutes, vol. ii., p. 304.

Arms and Ammunition 39

ammunition.^ The deficiencies of the same character
among the Accomac miHtia were even more remarkable ;
for instance, Captain John West's company of foot was
in need of thirty muskets, seventy swords, and one
hundred and sixty pounds of powder; precisely the
same want existed in Captain Littleton's; whilst the
various articles lacking in Captain Scarborough's
numbered seventeen muskets, seventy swords, one
hundred and forty pounds of powder, and four hundred
pounds of shot. 2 If the deficiency in arms and am-
munition in Captain West's company was made good
at this time, a like deficiency again arose before many
years had passed, for, in 1683, that company is stated
to have been wanting in forty carbines, thirty swords,
and thirty pairs of pistols, whilst Captain William
Custis's was lacking in thirty carbines and eighteen
pairs of pistols. Under an arrangement made by the
county court, all these arms were afterwards brought in
from England.^

The Militia Act of 1673 was considered to be so useful
and effective that it was renewed in 1675. The officers
for the different counties continued to report great
deficiencies in both arms and ammunition. In the
course of the latter year, the court of Middlesex in-
structed Colonel Christopher Wormeley and Lieut. -
Colonel John Bumham to procure from England eighty
firelock muskets, and the same number of swords and
belts, for the soldiers under their commands who were
lacking in these arms, whilst Major Robert Beverley
was ordered to obtain from England also, for his own
company's supply, thirty muskets and thirty swords

' York County Records, vol. 1671-Q4, p. 68.

2 Accomac County Records, vol. 1673-76, p. 174.

^ Ibid., vol. 1682-97, p. 129.

40 The Military System

and belts. The troop of horse under Captain Walter
Whitaker were in need of fifteen cases of pistols, fifteen
hangers, and forty carbines; and he also was ordered
to buy them abroad. These officers, for the amount
which they should expend in purchasing the weapons,
were to be reimbursed by a levy on the tax-payers of
the county at the rate of one hundred pounds of tobacco
for every eight shillings actually paid by them.^ Great
precautions were now taken that arms procured at an
outlay of so much money and inconvenience should not
be subject to the risk of being permanently dispersed
after being once distributed for immediate use in a
campaign against the Indians, for whose destruction
they were chiefly designed. In 1677, an expedition
sent against the savages having just returned, the
county court of Lancaster issued an order that every
person who had participated in it, should, by a certain
date, bring to the court-house the musket, sword, car-
bine, or bandoleer which he had received from either
Colonel William Ball or Lieut. -Colonel John Carter. 2
And the course followed by the court in this instance
was followed by all the others under the like circum-
stances.

A large quantity of arms and ammunition was, in
1676, sent out to the Colony from England along with
the regiment of regulars dispatched thither in order to
suppress the insurrection. It embraced one hundred
barrels of powder, one thousand snaphaunce muskets,
as many bandoleers, seven hundred carbines, and a
varied assortment of bullets and shot, together with
flints and hand grenados. The whole collection was
valued at an amount equal in purchasing power to

• Middlesex County Records, vol. 1673-80, folio p. 58.
2 Lancaster County Records, Orders Sept. 12, 1677.

Arms and Ammunition 41

fifty thousand dollars. ^ At first, these articles of war
were ordered by the Assembly to be stored in the public
magazine situated at Middle Plantation, 2 which seems
to have been built after the arrival of the English
soldiers, many of whom were, for several years, employed
in guarding it'^ ; but so heavy was the charge entailed by
this that, in 1680, it was proposed that its contents
should be placed in the custody of several of the ' ' most
considerable and loyal gentlemen" in the Colony^ An
additional reason which appeared to make this step
advisable was that, the English regulars having, in
consequence of a serious reduction in their wages, be-
come discontented and mutinous, there was ground for
apprehending that they would seize the magazine, rifle
it of its stores, and then upset the established order. ^
The arms and ammunition were finally distributed
among the counties in proportion to the number of
their respective tithables.^

When, in 1679, Culpeper went out to Virginia to
serve as its Governor, he carried thither in the ship

' The figures in English money were J^i^'j'j, 6s., a sum which then
had a purchasing power at least four times greater than it would
have now. Colonial Entry Book, 1675-81, p. 68.

2 Hening's Statutes, vol. ii., p. 404.

3 Colonial Entry Book, 1676-81, p. 296; Council Minutes, Aug.
3, 1680, Colonial Entry Book, vol. Ixxx.

* Council Minutes, Aug. 3, 1680, Colonial Entry Book, vol. Ixxx.

5 "They are much more inclined to disserve his Majesty by
mutiny, if not by joyning with ye discontented planters, who with
any opportunity and such assistance, I feare might be taught to
fly out again into disorders"; see letter of Sir Henry Chichely,
May 30, 1682, British Colonial Papers, vol. xlviii.. No. 88. One of
the companies was, in 1677, billeted in Nansemond and Isle of
Wight counties, and many of the soldiers remained there after
the regiment was disbanded. Five shillings a week was paid for
the board of each soldier; see Isle of Wight County Records, vol.
1662-1715, pp. 359, 376.

<> Hening's Statutes, vol. ii., p. 404.

42 The Military System

conveying him one hundred barrels of powder, as many
muskets, bayonets, and swords respectively, two
hundred cartouch-boxes, and fifteen French tents. ^
These articles had been obtained at an outlay of five
hundred and twenty-two pounds sterling, whilst the
cost of the articles purchased for his own company's
equipment amounted to an additional one hundred
and three pounds and fourteen shillings ; these consist-
ed of one hundred and three muskets, the same num-
ber of bandoleers, three halberts, and two drums. ^ In
the course of 1683, Captain John Purvis, at Howard's
request, brought over in his ship from England six bar-
rels of com powder, which at this time was valued at eigh-
teen pounds and fifteen shillings^ ; and in the same year,
the King presented the Colony with six barrels.^ There
being now an imminent prospect of a sanguinary war
with the Seneca tribe, the Council (Culpeper being ab-
sent in London) instructed each collector of customs to
procure from vessels arriving in Virginia one thousand
pounds of shot and bullets. This was to be credited in
their accounts of fort duties. ^ The shipmasters had,
for some years, been in the habit of paying these duties
in various forms of merchandize."^

' Colonial Entry Book, 1676-81, p. 374.

2 British Colonial Papers, vol. Iv., No. 7.

3 Ibid.

< Colonial Entry Book, 1 681-5, p. 255.

5 Ibid, 1680-95, P- 185. The expression used is, "to provide at
the entry of vessels for one thousand weight of shot, etc. " It is
possible that each vessel was required to pay this quantity.

* See Grievances of Isle of Wight County, 1677, Winder Papers,
vol. ii., p. 186. In 1683, the Council decided to use the windmill
standing at Green Spring near Jamestown as a place for storing
the public powder, and a house was built near by for the shelter
of the persons employed in guarding it; see Colonial Entry Book,
1680-95, P- 156.

Arms and Ammunition 43

The importance, from a public point of view, of pri-
vate citizens possessing arms of different kinds was
shown again in 1684, as at an earher date, by the fact
that every sword, musket, pistol, carbine, fowling
piece, or the like, belonging to a private person was
specially exempted from impressment; nor were they
subject to seizure in the process of any distress, attach-
ment, or execution. ^ But this solicitude that the people
should not, for any reason, be deprived of the means
of defence which they possessed as individuals, did
not make the authorities less careful in keeping in their
own custody the arms they were in the habit of dis-
tributing among the militia in emergencies; in 1684,
the justices of Rappahannock drew up for publication
at the court-house door and from every pulpit in the
county, a peremptory order that all persons having
any weapons belonging to the public should deliver
them up forthwith; and that whoever failed to do so
should be compelled to pay three hundred pounds of
tobacco for every musket he should hold back, six
hundred for every case of pistols, and two hundred for
every carbine. ^ The larger proportion of the heavy
stores, the Colony's property, being still in the hands
of prominent and reliable citizens, it is evident that
they did not come within the scope of an order of this
kind. Most of these stores were kept at John Page's
residence, and he seems to have been allowed a guard
for their protection; they consisted of brass guns,
mortar pieces, carbines, grenados, bandoleers, cartouch-
boxes, drums, daggers, halberts, spikes, muskets,
partizans, pikes, swords, saltpetre, and shot.^

1 Hening's Statutes, vol. iii., p. 13.

2 Rappahannock County Records, Orders Oct. i, 1684.
2 Colonial Entry Book, 1685-90, p. 65.

44 The Military System

In spite of this large and varied collection, there were
certain articles of war which, about this time, were
constantly imported from the Mother Country; for
instance, in 1687, Christopher Robinson, of Middlesex,
was instructed by the county court to send thither
for two brass trumpets, with silver mouthpieces and
hung with black and white silk; one set of colors with
staff for a cavalry troop and one for a foot company ; two
drums with six spare heads, four pair of drum sticks, and
two belts. 1 Only a few months afterwards. Col. Wm.
Lloyd received orders from the court of Rappahan-
nock to procure from England also four trumpets, two
colors for troopers and two for infantry, four dmms,
two leading staffs, four halberts, and two partizans.2
The following year, the justices of Westmoreland gave
directions to the captain of each company of foot in the
county to purchase abroad, for the use of the soldiers
under his command, thirty fire-lock muskets, thirty
cartouch-boxes, and thirty broad slicing swords with
bills. The captains of horse were ordered to send
abroad also for thirty bridles and saddles, thirty pairs
of pistols with holsters, and thirty hangers. Should
these articles, in the course of their transportation to
Virginia, be lost at sea, the officers who had bought
them in their own names were to be reimbursed by an
allowance in the regular county levy; but should the
articles arrive safely, the soldiers among whom they
w^ere to be distributed were to be required to return to
the purchasers the amount paid for each in England.
The county, no doubt, intended to see that these

1 Middlesex County Records, Orders Dec. 12, 1687. Robinson
was allowed seven thousand pounds of tobacco for these articles
on their arrival; see Orders Nov. 1 1, i68q.

2 Rappahannock County Records, vol. 1686-92, orig. p. 62.

Arms and Ammunition 45

purchasers should not suffer by the default of any
individual.^ During the same year, Captain William
Lee received from Northumberland three thousand
pounds of tobacco for a cornet staff, two trumpets,
and other martial articles imported by him, whilst the
same number of pounds was paid to Captain Richard
Kenner and Captain Brereton respectively, who had
each procured from the Mother Country halberts and
drum colors. 2

' Westmoreland County Records, Orders March 28, 1688.
2 Northumberland County Records, vol. 1678-98, p. 446.

CHAPTER IV

General Regulations : Arms and Ammunition

{Continued)

IN the course of 1689, the supply of powder and ball
kept in the pubhc magazine began to run so short
that the Council, fearful of the consequences
should intestine trouble, Indian incursion, or foreign
invasion occur, instructed WilHam Byrd, the Auditor-
General, to purchase in England forty barrels of the
former article and a proportionate quantity of the
latter for muskets, carbines, and pistols. This am-
munition was to be paid for by the appropriation of a
sum obtained by the collection of port duties. ^ A large
quantity of both powder and shot was at this time
dispatched to Virginia by the King; but, it would seem,
not gratuitously, for in an order of Council issued from
Jamestown in 1690, it was stated that each county
receiving its pro rata share of this ammunition was,
through its justices, to return the amount in tobacco
which would be due for it. 2 Neither powder nor shot
was now allowed to be exported from the Colony, as
the prospect of a French and Indian invasion was

> Colonial Entry Book, 1680-95, p. 321.

2 See Henrico County Records, Orders Dec. i, 1690; also a letter
from Governor Nicholson, dated 1690, and preserved in Colonial
Entry Book for 1685-90.

Arms and Ammunition 47

considered to be imminent.^ The different collectors
of customs were also required to take an account of all
the ammunition brought into Virginia by different
ships for delivery to private citizens; and all citizens
themselves were ordered to report the respective
amounts they had in their possession. 2

There was, in 1691, a small quantity of powder re-
maining undivided among the different counties.
Owing to the expense, it was decided to be unwise to
build a magazine in which to store this powder, and
yet it was considered unsafe to leave it without special
precautions to prevent it from blowing up. The
Council finally determined to distribute the whole
quantity among the commanders-in-chief, with strict
directions for its preservation. Four barrels of it were
sent to York Fort, two to the fort situated at James-
town, and the rest was transported to the several
counties; some of which received as many as five
barrels, but the majority not more than one. There
were apparently thirty-four barrels in all ; three of these
had been in the charge of the elder Nathaniel Bacon,
eleven, of Ralph Wormeley, and ten, of Edmund
Jennings and Joseph Ring respectively.'^

At this time, all the muskets and carbines belonging
to the different counties were in their several sheriffs'
custody, and these officers were ordered to make a full
report as to their condition. It was found that such
as had not been totally destroyed were almost spoiled
by rust, and many were unfixed. The larger number of
those still in existence were scattered far and wide
among citizens subject to the military summons. The

1 Minutes of Council, Feb'ry, 1 690-1, B. T. Va., 1690, No. 11.

2 Orders of Council, March 7, 1 690-1, Colonial Entry Bonk,
1680-95.

J Orders of Council, May 18, 1691, Colonial Entry Book, 1680-95.

48 The Military System

sheriffs having declared that any endeavor to collect
them for the purpose of having them fixed either in
Virginia or in England would prove too expensive, the
Council gave orders that all the arms still remaining of
those belonging to the Colony should be delivered at
once to such commanders-in-chief as the Governor
himself should designate ; who, however, was requested
to show a preference for the persons in military charge
of the frontier counties. All soldiers receiving such
arms were required to bind themselves to keep the guns
well fixed; and should a militiaman decide to remove
his residence to another county, his gun had to be
returned to his commanding officer. And this had
also to be done by the family of every soldier who had
recently died.^

It shows the extraordinary scarcity of arms pre-
vailing in the Colony in 1691 that, when William
Glover, of Henrico, died and his place in the troop of
horse to which he had belonged thus became vacant,
that place could not be filled at once, as there was no
one possessing the requisite carbine, pistols, and sword.
The captain of the troop, William Randolph, having
informed the county court of this fact, the justices
requested the persons inheriting Glover's arms to sell
them to some one who would be willing to succeed him
in the cavalry. 2

There does not appear to have been any dearth of
powder at this time, — in one year alone, 1692, as many

1 Orders of Council, May 18, 1691, Colonial Entry Book, 1680-95.

2 Henrico County Minute Book, 1682-1701, p. 332. Theexpres-
sion used is "that by ye departure of Mr. William Glover, there is
a place in his troupe become vacant. " Reference is made to the
"division of his estate, " from which it is to be inferred that he had
died, although it is possible that he had returned to England heavily
in debt.

Arms and Ammunition 49

as two hundred barrels of it were sent to the Colony
by the English Government. After eighteen had been
distributed among York, James City, Nansemond, and
Rappahannock Forts, and twenty among the several
companies of rangers stationed on the frontiers, the re-
mainder were divided among the different counties;
none of which received less than four, nor more
than twelve barrels. ^ Extraordinary precautions were
adopted to prevent any improper expenditure or waste
of this powder; Lieut.-Govemor Nicholson instructed
its custodians that, as it was reserved exclusively for
the country's defence, it should not be used in firings at
musters ; and with a view to diminishing the chance of
loss by explosion, that only two barrels of it should be
kept together at any one place. 2 The danger of its
destruction in this manner was constantly borne in
mind by this official and his Council, in whose dis-
cretion all questions relating to its dispersion rested.
In order that the quantity kept at Jamestown should
not be exposed to any risk of this kind, a small building
containing a powder room was, in the course of 1692-3,
erected at that place^ ; but so far as is known, there was
no structure specially designed for the same purpose
standing in any of the other counties. It is probable
that in each of these counties the powder was stored

1 Minutes of Assembly, April 13, 1692, Colonial Entry Book,
1682-95. "The publique Dr. to Henry Gale of Hampton Parish
in York County for nine days' service, being imprest by the Rt
Honble, the Lt Governor's warrant to transport the County's
powder to ye several places appoynt., per the said warrant, at 15
lbs of Tobo p. day. " This warrant applied to York county alone;
see York County Records, vol. 1690-94, p. 269, Va. St. Libr. The
order bore the date of Febry 24, 1692-3.

2 Nicholson's Proclamation is recorded in York County Records,
vol. i6qo-94, p. 203, Va. St. Libr.

3 Orders of Council, Jany. 14, 1692, Colonial Entry Book, 1680-95.

VOL. II 4

so The Military System

away in some tobacco bam sufficiently remote from
dwelling houses to remove all danger of fire, and so well
protected against the weather as to render impossible
any injury springing from dampness.

When a pressing emergency arose, and the supply of
arms and ammunition belonging to the county was
insufficient, the justices did not scruple to order the
seizure of powder or shot known to them to be the
property of the citizens in whose possession it was
found. As early as 1643, the judges of Northampton,
having reason to apprehend the " great and sudden "
calamity of an Indian invasion, gave the sheriff a per-
emptory command to bring to the court-house all those
articles then lying at Mr. John Nuttall's residence; and
these were afterwards to be distributed among the
county's inhabitants as affording a means of defending
their homes from an attack. For this forcible appro-
priation of his property, Nuttall was to receive full
consideration in the form of either tobacco or merchan-
dize, as he should prefer.^ Among the allowances in-
cluded in the Lancaster levy for 1657, was one for a
drum belonging to Mr. Meredith, who had relinquished
it in return for three hundred and fifty pounds of to-
bacco. 2 A few years later, seventeen citizens of York
county were paid in a similar manner for swords and
guns, powder and shot which had been impressed.^
Nor was there any attempt at this time, although the
Colony was still poor, to reduce the compensation to
the point of niggardness; in 1666, Mr. Moseley received
sixteen hundred and twenty pounds of tobacco from
Lower Norfolk for only fifty pounds of powder, taken

• Northampton County Records, Orders April 28, 1643.
' Lancaster County Records, vol. 1656-66, p. 39.

* York County Records, vol. 1657-62, pp. 243, 346, Va. St. Libr.

Arms and Amriiunition 51

by the authorities from his private stores i; and the
liberal spirit shown in this instance was not exceptional.
It was in this year that Major-General Smith was
impowered by an order of the Governor and Council
to demand possession of all powder and shot known to
be in the custody of merchants and planters, who, by
their situation, were not exposed to imminent danger
of attack by an invading enemy. The various articles
of war which might be seized under the terms of this
order were to be carefully assessed in value and promptly
paid for. 2 A large quantity of powder and shot was,
in 1673, obtained by this means from a citizen of North-
umberland; and about this time, we again find drums
impressed in that part of the Colony; Lieutenant
Claughton, for instance, was allowed five hundred pounds
of tobacco for one; and for another. Major Brereton
received four hundred and fifty pounds, — rates of
compensation so high that they can only be explained
by the difficulty of procuring such an implement.^
A few years afterwards, two hundred pounds of bullets
in the possession of a citizen of Middlesex having been
impressed for public use, the owner was remunerated
at the rate of three shillings for each pound. * It seems
to have been the rule that every musket appropriated
by a county was to be returned to its owner, provided
that no damage had resulted to it from its use; but if
irretrievably injured, or lost altogether, it had to be
paid for at its full value. Six citizens of Lancaster
county, whose guns had been taken, were allowed in

» Lower Norfolk County Records, vol. 1666-75, P- ^■

2 Orders, 1666, Robinson Transcripts, p. 118.

3 Northumberland County Records, Orders Nov. 7, 1672, Nov.
19, 1673.

* Middlesex County Records Levy, Nov. i, 1675. These bullets
may have been delivered in accord with a previous arrangement.

52 The Military System

the levy of 1659, fifteen hundred pounds of tobacco,
because the authorities were unable to redeliver these
guns, as they had, in the course of some expedition,
been unintentionally left behind. In 1684, however, as
already pointed out, muskets, pistols, carbines, and
fowling pieces were specially exempted from impress-
ment in order to encourage the people to provide
themselves freely with such arms.^

From the Colony's earliest settlement, there was to
be found in the hands of private citizens a large quan-
tity of arms of every sort, which they were ready to use
when summoned to resist an invasion. The need of
such arms as the property, not of the public, but of the
planters themselves, was an urgent one during almost
every part of the Seventeenth century; for there was
not a household residing in the frontier's vicinity which,
in time of war, was not in constant apprehension of an
Indian assault; and this fear was only slightly allayed
in time of peace. But one instrument of protection
against this treacherous foe existed, namely, the rifle,
and this the colonist could employ with unerring skill.
It was not, however, simply for defence against the
savages that the gun was valued; during that early
period, when the greater part of the country's surface
was overgrown with the original forest, the settler was
compelled to be on his guard against such fierce wild
beasts as bears, leopards, and wolves, and he, no doubt,
rarely entered the thick woods, even in the older
divisions of Virginia, without such a weapon in his
hand. A passionate love of hunting also induced the

' Lancaster County Records Levy, Nov. 30, 1659; see also North-
umberland County Records, Orders April ry, 1678. The statute
granting exemption will be found in Hening's Statutes, vol. iii.,

P- 13-

Arms and Ammunition 53

colonists of that day to purchase fowling pieces, which,
in an emergency, could be turned against an enemy. ^
The inventories of the Seventeenth century throw
an instructive light as well on the variety as on the
quantity of weapons in private possession available for
public defence. A few of these may be mentioned in
order to show their general character. First, during
the period preceding the middle of the century. Among
the effects of Arthur Linney, who resided in Accomac,
about 1642, was a pistol manufactured of brass. ^ John
Holloway, of Northampton, owned at his death, the
following year, five guns and one pistol.^ William
Burdett, also of this county, provided in his will, drawn
the same year, that the " two great brass guns " which
he expected from England by an early ship should be
carefully preserved until his son was of age, and then
delivered to him.'* The personal estate of Philip
Felgate, who died in Lower Norfolk, in 1646, embraced,
not only a musket, carbine, two fowling pieces, and a
a pair of bandoleers, but also an old crossbow, one suit of
black armor, and one head-piece of white, — articles of
equipment probably descending from one of the early
settlers, who, in the time of the London Company, had
received them as a protection against the Indian arrow.
Felgate owned too a large quantity of powder and shot.^
Swords in great numbers were also held as private
property at this time.^ A bequest of a weapon of this

1 These private arms were generally ranged around the walls
of the halls of the different plantation residences.

» Accomac County Records, vol. 1640-45, p. 151, Va. St. Libr.

* Northampton County Records, Orders Feby. 10, 1643.

* Burdett Will, Northampton County Records, Orders July 4,
1643.

s Lower Norfolk County Records, vol. 1646-51, p. 47.
<* Geo. Eaton, of Lancaster county, left five swords; see Lancaster
County Records, Eaton Inventory, 1654.

54 The Military System

kind to a friend was now, as afterwards, a common
feature of wills, both because it was a peculiarly be-
coming testimonial of special esteem, and because it
was a gift of extraordinary practical value in a com-
munity so frequently exposed to attack. ^ The cutlass
and rapier, while apparently only rarely the subject
of a bequest, were perhaps in far more general use
than the sword as a weapon to be carried about the
person. There are many instances recorded of their
being whipped out suddenly in the course of a violent
altercation. In 1643, Captain Ingle, whose ship was
then riding in the waters of Northampton, having been
very sternly interrogated by Mr. Yeardley, a member of
the Council, as to why he was so heavily armed when
his vessel was lying in harbor, he hotly replied that he
would walk his own quarter-deck as pleased himself.
After other angry questions, Yeardley arrested him;
but not content with this, in a great heat flashed out
his cutlass and shook it menacingly at Ingle's breast. 2
When in the course of the following year, Captain Stone
and Peter Walker, of the same county, were wrangling
over the value of William Burdett's estate. Stone,
suddenly drawing his rapier, turned the hilt towards
Walker's body.^

After the middle of the century, arms of various
sorts became an even more common form of private

• For an instance, see Rappahannock County Records, vol.
1664-73, P- ^^> V^,. St. Libr. In this case, the bequest was from
Henry Cox to James Miller.

2 Northampton County Records, Orders April 28, 1643. Many
of these swords were very handsome. Among the arms belonging
to Thomas Cocke, of Princess Anne county, was a silver hilted
sword; see Records, vol. 1691-1708, p. 161. Captain William
Kendall, of Northampton county, also owned such a sword; see
Records, vol. 1684-98, p. 409.

3 Northampton County Records, Orders Sept. 20, 1644.

Arms and Ammunition 55

property. Among the personal possessions of Colonel
William Farrar, of Henrico, at his death about 1682
were not only one long sword and three horse pistols,
but also one drum, which the appraiser declared should
go to the heir or eldest son, as it was stamped with the
coat-of-arms of the Farrar family, one of the most
distinguished residing in Virginia.^ Francis Eppes, of
the same county, William Farrar's contemporary,
left as a part of his personal estate, twelve guns, one
long and one pocket pistol, and also a case of horse
pistols. 2 Robert Gullock, of Rappahannock, who died
about 1678, owned at that time five guns, two cases of
pistols, and one scimitar; and John English, of the same
county, two pistols, one for the pocket, the other for
the holster.^ Teague Harman, in 1684, bequeathed to
William Nottingham, who, like himself, was a citizen
of Northampton, a long gun, a pair of pistols and hol-
sters, and a breastplate.^ A breastplate was also one
of the various articles of personality left by John John-

1 Henrico County Minute Book, 1 682-1 701, p. 9, Va. St. Libr.
The following shows that skill with the rapier was often acquired
by the instructions of professional teachers: "Mr. Garrett having
to this court brought his accont. against John Floyd deft, for that
ye said Floyd did agree with him ye Pit. to teach him to play
skilfully with those weapons, vizt. Backsword and Rapier, doth
much neglect his duty therein; to which ye sd. Floyd appearing
and admitting ye sd. contract, and in part ye neglect, doth for ye
satisfaction of ye sd. Garrett pit. and his other scholars
for ye future oblige himself constantly to attend for two months
at ye places where usually they exercise on Monday and Saturday
in each week." Henrico County Minute Book, 1682-1701, p. 203,
Va. St. Libr.

2 Henrico County Records, vol. 1677-92, orig. p. 94.

^ Rappahannock County Records, vol. 167 7-1 682, orig. pp.
29, 30, 60, 69, 81, 85;see Va. St. Libr. copy of this volume for several
of these references.

^ Northampton County Records, vol. 1683-89, p. 100.

$6 The Military System

son, of Henrico, at his death. ^ Wilham Bevin, of the
same county, by will presented a long gun, having a
snap-hammer lock, to his son; and to his son-in-law,
a musket. 2 Charles Clay, also of Henrico, possessed
at his death a collection of six guns.^ Thomas Os-
borne's personal estate included, among other pieces
of property, four guns, one carbine and three pistols,
valued together at four pounds and five shillings; and
it also included a rapier and a breastplate.^ In 1693,
William Axell, of Lower Norfolk, owned one pair of
pistols, one small gun, and one small sword. A
breastplate also was entered in his inventory. ^ John
Foisin, a merchant of French origin, who resided in
Henrico at this time, possessed a pair of holsters faced
with green plush; a pair of pistols having burnished
stocks and locks of French manufacture; a gun of a
precisely similar pattern, but also garnished with brass;
three guns having walnut stocks, one breastplate, and
a scimitar.^ The inventory of the personal estate of
Captain Anthony Smith, of Essex, who died in 1693-4,
shows that he was the owner of four guns and a
complete set of trooper's arms.'' Abram Smith, of
Northampton, whose death occurred a few years later,
bequeathed a long gun to each of his two eldest sons, and
a screw gun to his youngest.* It is a proof of the extra-
ordinary value attached to a gun at this time that, in
each of the preceding instances, the tenure of the

» Henrico County Records, vol. 1688-97, p. 211, Va. St. Libr.
^ Ibid., vol. 1677-92, orig. p. 352.

* Ibid., vol. 1677-92, orig. p. 379.

♦ Ibid., vol. 1688-97, P- 35°> Va. St. Libr.

5 Lower Norfolk County Records, vol. 1685-95, p. 203.

6 Henrico County Records, vol. 1688-97, P- 4^3, Va. St. Libr.
' Essex County Records, Orders Febry. 10, 1693-4.

8 Northampton County Records, vol. 1689-98, p. 460.

Arms and Ammunition 57

article was for life, and, therefore, carried no right
of disposition by will or personal gift. Among the
contents of Captain William Kendall's personal estate
appraised in 1698, were three large and two small guns,
seven muskets, a pair of pistols, three bayonets, one
unhilted and two silver hilted swords. ^

Sometimes, the weapons in a planter's possession
remained untouched and uncared for during so long a
time that they finally became worthless. The personal
property belonging to Joseph Smith of Middlesex, at
his death in 1698, included one old sword, so rusty that
it could not be drawn from its scabbard; and there
were two old pistols so ruined by natural decay that it
was impossible to charge them. 2

During the Seventeenth century one of the most
lucrative of mechanical employments consisted of re-
pairing the different military weapons. In the matter
of "fixing" guns as it was called, — the term applied
to adjusting anew the parts attached for the purpose
of igniting the powder, — a smith was not allowed by
law to decline to make the change when requested to
do so, since a refusal was considered to be directly
opposed to the community's safety, dependant as it
was upon the guns being always in a condition for use
at an instant's notice. The justices of Lower Norfolk,
in 165 1, issued an order that William Johnson, the
county's principal smith, should fix the arms of every

' Northampton County Records, vol. 1689-98, p. 499.

2 Middlesex County Records, vol. 1698-1713, p. 29. The weapons
from age not infrequently burst in firing. In 1678, Daniel Wade,
of Gloucester county, petitioned for exemption from taxes and
military service because at a general muster he had lost a hand by
his gun blowing to pieces as he fired it "in the King's and Country's
service." Surry County Records, vol. 1671-84, p. 302, Va. St.
Libr.

58 The Military System

man who should bring them to his shop. As a re-
tahatory expedition against the Indians was now
preparing, which made it of supreme importance that
all the guns should be put in good shape, the cost of
mending and adjusting them, as well as of restoring
the other necessary weapons to perfect condition, was
to be met by a general allowance in the next levy.
The county, however, was, no doubt, to be reimbursed
by the persons whose arms had been repaired. ^

The General Assembly, as late as 1672, passed an Act
declaring that, whenever a smith had mended any
arms by request, he should keep an account of the work
for submission to the justices of his county at their next
term, with a view to its insertion in the first levy to be
laid. The public, however, were in the end to incur no
loss, as the owners of the weapons were to be required
to pay back the amounts charged for restoring them to
good condition. 2 In the course of 1691, the smiths
throughout the Colony having declined to receive, in
the form of tobacco, their remuneration for repairing
the arms of the militiamen who had been called out
owing to the dangerous times, the Governor and Council
adopted an order that the work should be paid for in
tobacco, but paid, not by the soldier whose weapon
had been repaired, but by the county, in accord with the
law of 1672, as in this way, the fullest assurance would
be given the smiths that their accounts would be
promptly settled.^

1 Lower Norfolk County Records, vol. 1651-56, p. 12.

2 Hening's Statutes, vol. ii., p. 294. An interesting instance of
a blacksmith's account will be found in Northampton County
Records, Orders Nov. 7, 1645.

3 This order was carried out in York, and no doubt, in all
the other counties; see York County Records, vol. 1690-94, p. 141,
Va. St. Libr. The original order is recorded in Minutes of Council,

Arms and Ammunition 59

While the roughest repairing was done by the
ordinary blacksmith, there are indications that the
Colony was not wanting in trained gunsmiths fully
competent to do all the finer work. As England was
too remote to make it practicable to send thither every
musket, carbine, fowlmg piece, or pistol which the
plantation blacksmith was unable to restore, there was
a considerable field for gunsmiths who had served an
apprenticeship at their trade either in Virginia or the
Mother Country, The importance of having such men
led the General Assembly to grant them unusual
privileges; for instance, the menders of guns, whether
expert gunsmiths or common blacksmiths, were almost
the only mechanics in the Colony whose accounts,
certainly in critical times, were guaranteed by the
authorities. Upon their skill and celerity in an emer-
gency, the community's very existence might turn;
therefore, to pursue towards them a policy tending to
discourage them in their calling was to court serious
injury, if not absolute ruin, to the public interests.
Whatever the blacksmith's position in the community,
apart from his trade, may have been, there is evidence
that some persons among the gunsmiths, whose trade
demanded a higher grade of intelligence and expertness,
were men of property and education. One of the most
prominent citizens of Northampton in 1696 was Charles
Parkes, who had followed this business for many years.
That he was a man of a superior order was shown by
the character of his collection of books : it contained not
only fifteen works relating to the subject of Divinity,

Jan'y 27, 1691-2, Colonial Entry Book, 1680-95. The smiths'
accounts were returned to the General Assembly, and by that body
proportioned among the counties.

6o The Military System

but also eleven relating to the subject of History,
Among the specific volumes were Speed's Chronicle
and Drake's Travels.'^

I Northampton County Records, vol. 1692-1707, p. 131. The
gT.xnsmith is generally referred to in the statutes as "armorer."

CHAPTER V
General Regulations : Drill and Discipline

WE have seen how the militia obtained their of-
ficers, arms, accoutrements, and ammunition.
How were they prepared for actual military-
service, and to what discipline were they subjected
during the continuation of that service ?

There were certain features of the plantation life of
Virginia during the Seventeenth century which ani-
mated every youth of that period with some of the spirit
of a soldier long before he was, for the first time, sum-
moned to take part in the martial exercises of the muster
field, or to accompany a military expedition to the fron-
tiers. First of all, it was a life passed principally in the
open air without regard to the season of the year. The
biting cold of winter, the relaxing heat of summer, the
drenching downpour of spring, — all these the young
Virginian had, from his early boyhood, been accustomed
to endure, and they had only served to harden his
frame. His self-confidence and self-reliance had been
strengthened by a brave defiance of ah sorts of weather;
now it was a snow-storm that obliterated all view of the
landscape, near or remote; now an icy wind from the
north roaring through the naked woods and blackening
the fields with its withering breath; now a tempest of
hail accompanied by violent thunder and lightning;
now the torrid rays of an August sun flaming at the

62 The Military System

zenith in a cloudless sky. Then too from the time he
could shoulder a fowling piece he had been in the habit
of using firearms ; at an early age he not only acquired
all the skill of a practised marksman, ^ but also learned
all the craft of an accompHshed woodsman. By his
many tramps over hills and valleys in his keen search
for wild game, a search often made in the darkness and
loneliness of night, — he cultivated the abihty to stand
any amount of unusual fatigue. His pursuit of the
hare, fox, and deer during the day, and of the coon
and opossum after the evening star had risen, prepared
his sinews for the weary marches in which at a later
day he was to take part for the destruction of the
savage foe. His foot, hand, and eye had, unconscious
to himself, been trained to assist him in such a march
many years before he was actually enlisted in the
militia. Hunting the Indian required hardly more
wariness and prudence, more patience and indifference
to physical exertion than hunting the wild turkey or
the wild goose. And finally the hardy Virginian boy
had been in the habit of riding horses without any emo-
tion of fear, however wild they might be in spirit;
indeed, to break an untamed animal was an occupation
that appealed irresistibly to his love of the dangerous
and adventurous. A large part of his life was passed
on horseback, and if, as soon as he reached the military
age, he elected to become a member of a cavalry troop,
he at once showed that he was as much at home in the
saddle as the oldest and most daring of his comrades.
Hardened by constant exposure to every variety of
trying weather; accustomed to endure every form of

» "Hunting and fowling, most of them are most excellent marks-
men"; Works of Captain John Smith, vol. ii., p. 258, Richmond
edition ; see also Beverley's History of Virginia, p. 218.

Drill and Discipline 63

physical fatigue in the open air in the pursuit of wild
game; trained in the use of a gun so far as to become
an almost unerring marksman; skilful in all those
sports and crafts that make the foot surer, the hand
steadier, and the eye more certain; and, finally, an
accomplished horseman, — the Virginian youth, when
the hour for military service arrived, took his place in
the ranks of the militia with all those aptitudes already
perfected which were of the first importance for a
soldier destined to engage in warfare with such an
enemy as the Indian. As soon as there was added a
knowledge of the military drill taught in those times,
a young militiaman was far less raw than would be a
person of our own day in the same situation who had
had no experience of actual battle. In 1676, Nathaniel
Bacon declared that five hundred Virginians could
defeat one thousand English regulars merely by their
extraordinary skill in all the Indian arts of defence and
attack; and this boast was substantially confirmed
seventy-five years later by the terrible fate which
overwhelmed the unhappy army of the obstinate and.
arrogant Braddock.^

From the foundation of the first settlement, the
Colony's military arm was trained by regular military
exercises; the soldiers who came over in the first ex-
pedition were, soon after they landed on Jamestown
Island, required to go through the ordinary drill; and

' Bacon's Conversation with Goode, Colonial Entry Book,
1676-77, p. 232. Bacon declared that, should he be defeated,
he would retreat to an island in the Roanoke River remote from the
settlements. One hundred years later, that greater and more
successful rebel, George Washington, said in the darkest and most
critical hour of the Revolution, that, if no other resource were left
him, he would retire into the mountain fastnesses of West Augusta
and there continue the struggle.

64 The Military System

this was afterwards constantly repeated. During the
Presidency of Captain John Smith, the exercises were
performed on a tract of level ground situated near the
west bulwark and known, no doubt in his honor, as
Smithfield; nor were these exercises confined to a
drill ; the opportunity was seized to improve the soldiers'
marksmanship, especially with the larger guns. Smith
would order a target to be placed against a tree at the
edge of the neighboring forest, and at this the firing
would be directed until the trunk, greatly to the
amazement and admiration of the group of Indians,
who were always looking on, was battered to pieces by
the balls. ^

As the plantations spread out more widely, all the
inhabitants of each settlement subject to military duty
were carefully exercised in arms on each recurring holy-
day. ^ So important was this considered to be that,
as early as 1629, a muster master-general was appointed
to enforce a universal observance of these regulations;
in the course of that year. Major George Donne, who
had accompanied Harvey to Virginia, and who in
the beginning, it seems, had served as marshal, was
appointed the first incumbent of the position. He
returned to England in 1631 in order to prosecute
before the English authorities the Councillors most
instrumental in deposing that Governor; but before
twelve months had passed, he was in the Colony again,
and in the full enjoyment of the two offices of Muster-
General and Marshal, recently confirmed to him by
the royal favor. ^ About 1641, Captain John West,

• Works of Captain John Smith, vol. i., pp. 152, 192, Richmond
edition .

2 Ibid., vol. ii., p. 258, Richmond edition.

3 British Colonial Papers, vol. vi., 1631-33, No. 25,

Drill and Discipline 65

described as a "gentleman of noble quality," was
nominated to the office through the influence Sir Francis
Wyatt possessed in England. The Governor had no
power to name the Muster-General, and Berkeley, in
the instructions which he received when he first went
out to Virginia, was expressly enjoined not to assume
the right to make the appointment. ^ This officer was,
in 1639, paid for the performance of his duties three
pounds of tobacco for every tithable entered in the
Colony's tax list. Captain West's salary, on the other
hand, seems to have been fixed at the round sum of
ten thousand pounds of tobacco. 2

The immediate duty of seeing that the militia was
properly drilled fell upon the commander of each dis-
trict; and in the beginning, he probably took the princi-
pal part in putting each troop and company through
the different branches of the manual.-' Afterwards, the
captains were, perhaps, the chief drill masters. In 1642,
the commission of Francis Yeardley, of Accomac, as a
newly appointed captain of mihtia, required him to
exercise his company at least once a month; and he
was also ordered to report the name of every person
subject to military duty who failed to attend at the
chosen time and place. * About ten years afterwards,
a notice was issued by the commanding officer of
Northampton to each subordinate officer appointed
for a separate district, and to every enlisted soldier,
whether of the foot or the cavalry, to attend a general
muster to be held the following January on Argoll

» Va. Maga. of Hist, and Bio g., vol. viii., p. 389. Colonial Entry
Book, 1606-1662, p. 228.

2 Randolph MS., vol. iii., p. 230. See also the two authorities
immediately preceding.

3 Hening's Statutes, vol. i., p. 163.

< Accomac County Records, vol. 1640-45, p. 147, Va. St. Libr.

VOL. II-S

66 The Military System

Yeardley's plantation as affording the most convenient
and suitable spot for martial exercises. The officers
were directed to bring with them their accoutrements
in good shape, their arms fixed, and their ammunition
in such quantity as to be in no danger of falling short. ^

Should a militiaman, without sufficient excuse, fail
to attend a muster, he was liable to the payment of a
considerable fine; in Accomac, in 1664, thirteen persons
were mulcted twenty pounds of tobacco apiece for
neglecting to be present at a meeting of this kind held
in the county in April, and twenty-two for disobeying
the summons to be present at another held in August. ^
This form of delinquency prevailed to such an alarming
degree at this time that the General Assembly increased
the penalty to one hundred pounds of tobacco, and in
doing so, declared that, in remaining away from the
military exercises, the offenders were aiding in bringing
about the "ruin of all military discipline."^ With a
view to diminishing the expense in attending these
exercises, the county courts not infrequently required
the ferrymen within their several jurdisdictions to
transport across a stream free of charge all troopers
(together with their horses) who were either on their
way to be present at a muster, or were returning from
one ; and this exemption extended to three days, namely,
the day preceding the meeting, the day on which it was
actually held, and the day succeeding.'*

The Easter, Whitsuntide, and Christmas holidays,
should the state of the weather permit, were, in 1674,
proclaimed as the dates on which the muster was to

' Northampton County Records, vol. 1651-54, p. 80.
2 Accomac County Records, vol. 1663-66, folio p. 87.
5 Randolph MS., vol. iii., p. 290-1; Hening's Statutes, vol. ii.,
p. 246.

« Henricc County Records, vol. 1688-97, p. 18, Va. St. Libr.

Drill and Discipline 67

take place. ^ Ten years later, it was provided by an
Act of Assembly that the colonel of every regiment
should summon the soldiers under his command to meet
for military exercises at some convenient place regularly
on the first Thursday in October, and as often after-
wards as seemed to be advisable. In the intervals,
however, every captain of horse or foot was required
to drill his troop or company at least once in the course
of every three months. 2 As it was soon found that the
appointment of the same date for the general muster
in all the counties occasioned inconvenience, each
county was directed to name a different day for its
own annual military exercises.^ The same regulation
was in force at the end of the century; once a year, a
general muster of the militia was held in each county,
whilst a special muster for each troop or company was
held at least four times during the same interval.*

There is no reason to think that the drill enforced at
these musters was less thorough than the one which, at
this time, was enforced in England in the same branch
of the military service. The character of the respective
exercises was, no doubt, substantially alike. During
the century, there were so many citizens of Virginia who
had left the Mother Country long after they had reached
manhood that some among those residing in each
county must have learned the manual of these exercises
by acting as petty officers before they emigrated. But
even if the men who had enjoyed such a practical
experience were comparatively few in number, the prin-
cipal officers of the Virginian militia were of sufficient

> General Court Records, vol. 1670-76, p. 197.

2 Hening's Statutes, vol. iii., p. 14.

3 Colonial Entry Book, vol. 1680-95, p. 208.
* Beverley's History of Virginia, p. 218.

68 The Military System

intelligence to acquire by study a full knowledge of
every detail of the English system of drill.

This drill, however, was not under all circumstances
as useful to the colonial soldier of that day as to the
European. Accustomed to the formal warfare of the
Old World, the British regulars sent to America during
the great struggle for the possession of Canada in the
next century were inclined to contemn and deride the
colonial militia for their supposed timidity ; but conduct
so arrogantly denounced as cowardice was really a wary
irregularity of movement which a long course of fighting
with the Indians had made almost traditional with the
American militiaman. It was from behind stone walls
that the first blood of the Revolution was drawn on the
highway leading from Concord and Lexington to Boston ;
and it was from behind trees and boulders that the most
memorable battle in the South, that of King's Mountain
was won. These very men did not shrink from facing
the enemy openly in an hundred other battles and
skirmishes, but the lessons learned either by them-
selves or their fathers in combats with the Indian foe
had taught them the wisdom of using every inch of
shelter should there be any available.

This was the spirit of the Virginian militiamen
during the Seventeenth century, and as nearly all
their wars were with the savages, they had little room
for the display of that military precision which it is one
of the first objects of the military drill to inculcate.
The first movement of a company set upon in the
forest by the Indians (and it was only in the forest
that the Indians generally made an attack at all),
was to scatter in order to shield their persons with
boulders and the trunks of trees; each soldier acted
separately, and relied in chief measure on himself alone

Drill and Discipline 69

for the destruction of the savage directly opposed to
him. Such a battle would often last for many hours,
and be terminated not even by the fall of night. ^ Not
until the enemy had been finally compelled to retire
would the troops again resume something of the order
and regularity of a trained force on the march. No
doubt, in the muster exercises, the peculiarities of this
warfare, in which the militia were certain to be employed,
were constantly borne in mind by the officers, and the
drill, so far as possible, adapted to its extraordinary
features.

Under no circumstances, however, was it more im-
perative to enforce strict military discipline than during
such warfare if the designs of the most patient, alert,
and cunning of all foes were to be disconcerted. The
military code formulated by the General Assembly
in 1675-6 seems to have been, in some of its sections,
as severe as the martial laws of Dale. A case of
drunkenness repeated three times was punished by
forcing the guilty soldier to ride the wooden horse, a
very uncomfortable and ignominious seat; and when
found intoxicated at his post, he was liable to the
penalty of death. Should he, whether drunk or sober,
lift his hand against an officer, he was to suffer the loss
of that member; and if it was a weapon and not his
hand which he had raised, then he was to be shot by a
file of his own troop or company. The same extreme
sentence was to be imposed whenever such a menace
ended with a blow that did personal harm to the officer ;
and he was also to undergo the like penalty should he
attempt to rescue a comrade from the punishment
about to be inflicted for some offence. If the soldier

' One of the most typical of these battles was that of Point
Pleasant, which was fought chiefly in this manner.

70 The Military System

happened to be absent when the watch was set, he was
compelled to bestride the wooden horse and to remain
there for several hours; and he was also punished
severely should he, while marching, make such a noise
as to prevent the word of command from being promptly
and generally heard. The penalty was death should
he allow himself to fall asleep while performing a
sentinel's duties, or should he show cowardice by
deserting his colors, or treachery by giving intelligence
to the enemy.

As warfare in the Colony was generally attended
with extraordinary hardships and deprivations, owing
to the length of the march through the forest wilderness,
the regulations to prevent the expression of discontent
for any cause were peculiarly strict. Should the soldier,
for instance, show dissatisfaction with his imperfect
shelter from the weather while stationed in camp, or
should he criticise the quality of the provisions served
to him in the same situation, he was to be arrested and
treated as a mutineer. Equally severe was the punish-
ment which he brought upon himself, should he venture
to sell, pawn, or embezzle his guns and ammunition,
or in the same illicit manner to dispose of his sword,
axes, and spades.^

> Hening's Statutes, vol. ii., p. 333.

CHAPTER VI
Indian Wars: Popular Apprehension

THERE were three great military events which
might occur at any time to bring about a serious
disturbance of the peace of the Colony: these
were, first, an Indian incursion; secondly, an attack
from the sea by a foreign enemy; and thirdly, internal
rebellion. It was to ensure the community protection
against the indescribable calamities likely to accompany
any one of these events that so many measures were,
from decade to decade, adopted to keep the militia on
a footing of efficiency; that they were organized in a
thoroughly martial manner; that they were drilled
with such constant regularity; and that they were
compelled to submit to the strictest military regulations
during the time they were stationed in camp, or engaged
on the march.

Of the three great events which aroused the people's
apprehensions in the highest degree, perhaps the one
most dreaded, although it was the one taking place
most frequently, was the Indian incursion. From the
foundation of the earliest settlement to the last hour of
the Seventeenth century, the gleam of the Indian toma-
hawk, the flash of the Indian scalping knife, and the
red flame of the Indian torch, were ever casting a
shadow across the hearts of some section of the people

of the Colony. There was always a frontier, and the

72 The Military System

iahabitants of the frontier were always In danger.
Throughout this long period, there passed but one brief
span of years in which the fears of all the settlers were
quieted, and from this state of delusive confidence, they
were awakened by the shock of one of the most terrible
butcheries recorded in American history. The massacre
of 1622, in which so great a proportion of Virginia's
population perished, was all the more appalling because
it fell with entire unexpectedness; from that hour, the
colonists lost all faith in the peaceful disposition of their
Indian neighbors unless they had been reduced to
numerical insignificance, or were overawed by a con-
stant show of force. The massacre of 1644, which fell
chiefly on the outlying plantations, only confirmed
this feeling of suspicion and apprehension

The distrust which sprang up after 1622, and which
never really died out, found expression in many ways.
Among the instructions given to Governor Yeardley
in 1626 was one requiring him to prevent every house-
holder from admitting an Indian to his residence;
and also to allow no settler to converse, play, or even
trade with the savages unless he had procured a special
license to do so.^ The lapse of time did not, in the
colonists' minds, diminish the necessity for such
extraordinary prudence. Twelve years after the
massacre of 1622 occurred. Governor Harvey, in a letter
to the Privy Council, stated that, although the neigh-
boring tribes were, at that time, on " fair terms " with
the planters, yet they were always to be doubted ; and
that the precautions taken for resisting an outbreak
could never be relaxed, as it might come at any hour. 2
And when the outbreak did come, the strain of the

' Instructions to Yeardley, Robinson Transcripts, p. 47.
2 British Colonial Papers, vol. viii., 1634-5, No. 3.

Indian Wars : Popular Apprehension 73

previous apprehension made the manner of punishing
the savages all the more sweeping and relentless. As
soon as war was declared, it was necessary for the
colonists to carry hostilities (to quote Colonel Scar-
borough's words in 1659) "into the heart of the ene-
my's country, so that they might neither plant come,
hunt, nor fish."^ It was only when they were deci-
mated by the sword, driven to the remote backwoods,
or reduced to starvation, that the thirst of such a foe
for the blood of the English could, it was supposed, be
repressed even for a time.

Even when the tribes on the frontier had been harried
into submissiveness, the danger of an attack by the
savages living far beyond the borders of Virginia rose,
like the phantom of a fevered brain, to disturb the
quietude of the colonists. In a letter addressed by
Nicholas Spencer, in 1683, to Jenkins, the English
Secretary-of -State, he urged that the conquered Indians
occupying the county adjacent to the outlying planta-
tions should be systematically conciliated, as they
formed, so long as their goodwill was retained, a
barrier against the incursions of the more distant tribes
of the North and West. 2 The importance of the part
which they could play in this character was so clearly
understood at this time that it had become the General
Assembly's settled policy to combine several of these
so-called friendly tribes, and to supply them with arms
and ammunition so as to enable them to beat back,
or at least to check, any band of warriors who might
attempt to steal across the frontiers to attack the white
settlements, annually spreading further and further

' Letter to Governor Fendall of Maryland, Aug. 28, 1659, Rob-
inson Transcripts, p. 268.

2 British Colonial Papers, vol. lii., No. 64.

74 The Military System

westward. They served as outposts upon the borders.
When, in 1690, it was reported far and wide that the
Five Nations, the most powerful Indian Confederacy
of those times, were about to descend through the
trackless forests, and, by force of their extraordinary
numbers, thrust themselves into the very heart of the
Colony, interpreters were at once sent to the submissive
tribes residing in the outlying country to instruct them
that, should the emissaries of the terrible Iroquois
approach them for the purpose of obtaining their aid
in the proposed incursion, they must announce that
they were under the Virginian Government's protection,
and promptly inform that Government of the enemy's
designs.^

Several of the greatest commotions occurring in
the Colony in consequence of this fear of an Indian
invasion were caused by the friendly tribes themselves,
when, as it turned out, there was no reason for creating
an alarm. The whole county of Stafford, was, in 1691,
thrown into a state of great agitation by a report
spread among the people by these allies, that a band of
savage warriors, belonging to remote nations, were on
their way to attack them. So extraordinary was the
disturbance produced by such reports, and so often
were they proven to be baseless, that the county court
of York, the same year, passed an order that, whenever
an Indian brought news of the approach of a hostile
force of his own race, he was to be held until it could
be shown whether or not he had any real ground for
making such an announcement; and if it was disclosed
that he was merely spreading an idle rumor, he was
to be severely punished. ^ A few months later, an

> Colonial Entry Book, 1680-95, p. 358.

2 York County Records, vol. 1690-94, p. 142, Va. St. Libr.

Indian Wars : Popular Apprehension 75

Indian, who appeared in New Kent, declared in public
at many places that a strange nation towards the West
were preparing to fall upon the Colony and destroy all
its inhabitants. Information of his alarming words
coming to the ears of the justices of the county, they
sent the sheriff to arrest him, and by this officer, and
accompanied by an interpreter, he was conveyed to
Jamestown in order to recite his story to the Governor. ^
But perhaps the most remarkable proof of the
constancy and depth of the apprehension of Indian
invasion prevailing in the popular mind long after the
neighboring tribes had been reduced to submission was
the fact that, for some years, it was the Virginian
authorities' habit to despatch a special messenger to
New York and New England to obtain the latest
information as to the movements of the French and
Northern Indians, who were known to be acting in
concert; such information, it was declared, would
enable the Government of Virginia to adopt defensive
measures at once whenever there was the slightest
danger of an early attack from that remote quarter. ^
As the friendly tribes might at any time be seduced
by emissaries of this powerful combination, even they
were regarded with suspicion; those planters who
resided nearest to them were required to keep a vigilant
eye on their conduct ; and should there be any reason to
doubt their goodwill, it was to be promptly reported to
the county justices with a view to an immediate in-
vestigation. In 1699, the Emperor of Piscata way's
actions having given rise to some uneasiness in Henrico,
in order to find out whether this feeling was justified

1 Minutes of Council, Aug. i6, 1692, B. T. Va., 1692, No. 123.

2 Minutes of Assembly, April 13, 1692, Colonial Entry Book,
1682-95. John Perry served as the Colony's agent in 1692.

76 The Military System

or not, the testimony of many prominent citizens who
had had opportunities of observing this King and his
tribe, was taken, with the result that they were not
molested.^

It was a very natural impulse which led the colonists
to look upon an Indian incursion with extraordinary
horror; for in all recorded history there has perhaps
never been a foe who carried on hostilities in a spirit of
greater ferocity than the American savage of this period.
The atrocities committed by him were committed in a
manner so original and so peculiar as to impart, if
possible, a more aggravated cruelty to them; it was not
merely that he slew his enemy, however innocent or
helpless, in the spirit of an inhuman ogre, but the
prolonged tortures, suggested bya demoniacal ingenuity,
which he loved to inflict, and the glee with which he
gloated over his victim's agony, — all gave to a war with
his race the very blackest aspect assumable by war. It
was a war in which no mercy was asked or granted ; a
war softened by no touch of amenity, even at long in-
tervals ; a war in which women and children ran the same
risk of destruction as the fighting man, and in a manner
equally revolting and pitiless There was many a tree
on the frontiers stained with the blood of a white infant
whose brains had been dashed out against the trunk;

> Henrico County Records, Orders April i, 1699. According to
Governor Andros, the Indians surviving in Virginia were, in 1697,
composed of the following number of nations and bowmen : on
the Eastern Shore, nine small nations, having about one hundred
bowmen ; south of James River, four, having one hundred and sixty
bowmen; on the York River, three, having fifty bowmen; on the
Rappahannock, two, having forty bowmen; on the Potomac, one,
having twelve bowmen; B. T. Va., 1697, vol. vi., p. 75. These
different remnants of the Powhatan Confederacy paid an annual
tribute in the form of beaver and deer skins; see B. T. Va., 1699,
vol. vii., p. 243.

Indian Wars : Popular Apprehension 77

and there was many a wigwam adorned with scalps
whose faded tresses swept the floor. It was the recol-
lection of such facts as these that filled the hearts of
so many of the colonists with anguish and bitterness,
and made them hunt down the Indians as the most
ferocious of all the wild beasts roaming the primaeval
forests.

The feeling. of horror was made more intense by the
noiselessness with which the enemy moved, the care
with which they hid their tracks, the suddenness with
which they appeared at unexpected points. The
wildness of the Indian's physical aspect also added to
this horror, — his naked and painted skin; his sinewy
frame, as lithe and active as that of a panther or wild
cat; his hawk-like eye; his scream of triumph, which
curdled the blood far more than the cry of some fierce
wild animal at midnight. The very image of the
terrible creature stamped itself upon the imagination
like some menacing figure conjured up from the region
of devils. Well might the mother clasp her child to her
bosom when the news came that such an enemy as this
had been seen upon the frontier, and well might the
father's cheek grow pale as he took down his gun from
the wall. Among the most ordinary subjects of con-
versation by the fireside of many a home in the long
winter nights were the fearful incidents which had
occurred during previous Indian wars as illustrating
the fierceness, the treachery, or the cunning of the
savage, until he came to be regarded as the very con-
summation of all that the world had to offer of cruelty
the most atrocious, and of blood thirstiness the most
appalling and unquenchable.

CHAPTER VII

Indian Wars: Marches

IT can be well understood that this constant feeling
of apprehension, — this profound sense of the
unspeakable ferocity of the Indian's instincts, —
would have led the colonists, from time to time, to
adopt the most active measures to protect themselves
from attack. From a very early date in their history,
the special expedition, or march as it was known at
that period, was looked upon as the most effective means
of breaking the power of the Indian tribes. After the
massacre of 1622, a carefully organized and determined
attempt was made to wipe from the face of the earth
the savages occupying the villages in the neighborhood
of the different white settlements. The troops, how-
ever, were not sent out until the following summer,
as it was hoped that, by cutting down the com at a late
stage in its growth, all those Indians who did not fall
before the gun would perish by starvation. Beyond
the destruction of the crops, there seems to have been
but small success to report, as the savages were too
light and swift to be overtaken by soldiers heavily
encumbered in their movements by their armor. The
English, in their disappointment, described the Indian's
elusive tactics as a subterfuge of cowardice; but they
were soon to learn that the only way to break the

force of these tactics was to meet Indian wiles with wiles

Indian Wars : Marches 79

equally subtle and cunning. ^ The officers assigned to
command of the several detachments sent out to
exterminate the savages in 1622 were Captains William
Pierce, William Tucker, and Samuel Mathews; the first
led the expedition against the Chickahominies, the
second against the Nansemonds and Warrosquoicks,
and the third against the Wyanokes. A short time
after these expeditions returned, Captain Tucker led
a second one against the Nansemonds, and Captain
Isaac Madison one against the great Wyanokes. 2

Governor Wyatt, writing to the Privy Council in
1626, declared that the Indians could not be finally
suppressed until five hundred English regulars were sent
out to the Colony annually for a period of several years
fully provided with victual, apparel, tools, amis, and
munition. But it is very doubtful whether such troops
would have proved so valuable for that purpose as men
who, by having resided for a long time in Virginia, had
become accustomed to the peculiarities of such war-
fare.^ Wyatt' s suggestion received no encouragement,
and the expeditionary forces continued to be composed
of the militia. The year after he wrote to the Privy
Council, several detachments, starting in different

1 Works of Captain John Smith, vol. ii., p. 84, Richmond edition.
Smith said of the Indians; "They have much advantage over us
though they be cowards. " More than a century later, the officers
of Braddock's army were only too quick to charge the Provincials
with the same quality because the latter wished to adopt the
Indian manner of warfare as they approached Fort Duquesne.
Had their advice been followed, the battle would not have ended
in disaster.

2 Randolph MS., vol. iii., p. 173.

3 British Colonial Papers, vol. iv., 1626-7, No. 9. In 1678,
Culpeper recommended that three companies of regulars should
always be kept in Virginia to resist Indian invasion ; Colonial Entry
Book, 1676-81, p. 258.

8o The Military System

directions, fell upon all the Indian towns on the same
day, and at a season when the com, having been once
destroyed, could not be replaced by a second planting.
The troops engaged in this march were drawn from
every part of the Colony, but their enlistment for the
purpose seems to have been purely voluntary. Captain
Samuel Mathews was assigned to the command of the
expedition against the seat of the Pamunkeys, the most
important tribe at this time to be found in Virginia.^
So great was the alarm caused two years later by the
Indians' presence that the country was divided into
four districts, the inhabitants of each of which were
annually required to set on foot an expedition against
the savages in March, July, and November respectively. ^
The allowances embraced in the public levy for 1629
show that, not only food and ammunition, but also
spirits were provided for the soldiers in these early
marches. Among the different military expenses
covered by this levy was sometimes included the cost
of a barrel of wine. To meet these expenses, it was
found necessary to impose a special tax of five
pounds of tobacco upon every tithable listed in the
Colony.^ Some years afterwards, certain citizens of
Lower Norfolk were required to pay for the buff coats
which Cornelius Lloyd had furnished for the soldiers
employed in a recent march against the Nanticokes;
the outlay for each coat was borne by the persons
compelled by law to send out the soldier who had worn
it , and laese persons were ordered by the county court
to deliver to Captain John Sibsey at his house two
hundred and fifty pounds of tobacco, the price fixed

1 Robinson Transcripts, pp. 66, 70.

2 Hening's Statutes, vol. i., p. 140; Randolph MS., vol. iii., p. 213.

3 Hening's Statutes, vol. i., p. 143-

Indian Wars : Marches 8i

for each coat.^ At a later date still, twenty persons in
the same county were held liable for biscuit supplied to
the soldier equipped by them for an Indian campaign. ^
In these last cases, it is probable that all the troops
taking part in the march had been raised in Lower
Norfolk alone.

In 1 63 1, the General Assembly having proclaimed
the Indians to be the colonists' " irreconcilable enemies, "
ordered the military commander of every district to
fall upon the tribe seated nearest him on the smallest
provocation.^ About thirteen years afterwards, a
march, in which many soldiers participated, was made
against the towns of the Pamunkeys and Chickahom-
inies. It was attended by such an unusual number
of casualties that public steps had to be taken to assure
relief for the persons so entirely disabled by their
wounds and sufferings that they had lost the power
of earning their own subsistence: — each county was
required to provide for all its own soldiers left in this
helpless condition ; and also to remunerate any one who
had furnished them in the march with medical service,
or had supplied them with food for consumption, or
boats for transportation.^ The charges entailed by this
expedition were extraordinarily heavy; and in order
to raise the fund necessary to meet them, a special tax
of six pounds of tobacco was imposed upon every

> Lc-^er Norfolk County Records, Orders March 2, 1639.

' Ibid., Orders April 12, 1641.

2 Randolph MS., vol. iii., p. 218.

* Hening's Statutes, vol. i., pp. 285, 287, 311. Pensions were
granted by special Acts of the General Assembly. In 1680, for
instance, William Chapman, of Gloucester county, was the bene-
ficiary of such an Act allowing him a thousand pounds of tobacco
per annum ' ' during his impotency and lameness got in the service
of the country"; Orders of Assembly for 1680, B. T. Va.

VOL. II-6

82 The Military System

tithable person residing in James City, York, Warwick,
Elizabeth City, Northampton, Lower Norfolk, and Isle
of Wight, the counties which were most exposed to
attack.^

In February, 1644-5, the Assembly having decided
to send out a strong expedition against the neighboring
Indians, a general law was passed requiring every
fifteen tithables residing on the northern side of James
River to furnish and maintain one soldier chosen
from among themselves ; and should they fail to make
a selection, the military authorities were to impress
any one of the fifteen they saw fit. This soldier's wages
. were to be paid by the remaining fourteen ; provisions
also were to be supplied him at their cost ; and should
he, during the progress of the campaign, be wounded,
they were to bear the expense of the medical services
necessary to his cure. 2

Groups of counties now united to form a military
association subject to the supervision of a council of
war^ ; and these counties undertook to send out special
expeditions on separate marches against the savages.
In 1645, the year following the one made memorable
by the second great massacre, Isle of Wight and Upper
and Lower Norfolk together equipped a company of
eighty picked men, who proceeded as far southward
into the heart of the enemy's country as the remote
valley of the Roanoke. The expenses of this march,
passed upon and allowed by the council of war appointed
for these three associated counties, amounted to about
thirty-eight thousand pounds of tobacco, a very large

» Hening's Statutes, vol. i., p. 287.

2 Ibid., vol. i., p. 202.

3 The plan of groups of counties associating themselves for mili-
tary purposes was adopted from England.

Indian Wars : Marches 8^

sum in these early times. Among the items of the
account were charges for the hire of boats, for the pur-
chase of provisions, powder, and shot, and for the pay-
ment of the surgeons' salaries. The soldiers' wages
alone were estimated at eight thousand pounds of
tobacco. Those among them who suffered casualties
also received a special compensation; for instance, one
bitten by a venomous snake was allowed eight hundred
pounds. In order to raise the fund to meet all these
expenses, a tax of twenty-eight pounds of the same
commodity was imposed on each tithable residing in
Lower Norfolk, and thirty-one on each residing in Isle
of Wight and Upper Norfolk. The assessment was
heavier in the latter two counties because their con-
tingent had consumed a larger quantity of the victual
provided for the march. The council of war was
composed of the eight citizens of the three who had
had most experience of m'llitary affairs.^ Such was the
character of all the men forming the council of war for
each group of associated counties; and, in an emergency,
they were impowered to "call together as large a body of
militia, and to impress as great a quantity of ammuni-
tion and arms, as they considered necessary for the
protection of the plantations within the bounds of their
respective districts. ^

In the following year (1646), there was another

' Lower Norfolk County Records, Orders Oct. 15, 1645. The
members of the council of war for Lower Norfolk, Isle of Wight
and Upper Norfolk were Capts. Thomas Willoughby, John Sibsey,
Edward Wyndham, Thomas Dewes, Richard Bennett, Richard
Preston, Anthony Jones, and Francis Hough. The surgeons of
the expedition were Thomas Ward and Christopher Atherley; see
Lower Norfolk County Orders Nov. 3, 1645.

2 The Council of war included ex officio the commanders and
deputy-commanders of the associated counties; see Hening's
Statutes, vol. i., p. 2Q2.

84 The Military System

important march made against the Indians; and in
order to obtain the necessary number of troops, it
was provided by law that the counties lying on the
north side of James River should raise at least sixty
men, who, under Lieutenant Francis Poythress' com-
mand, were to repair to the rendezvous appointed at
Kikotan. Cornelius Lloyd and Anthony Elliott con-
tracted to supply the soldiers volunteering for this
expedition, with twenty-five hundred and twenty
pounds of beef and pork, salted and packed in barrels;
the same number of pounds of bread and sifted meal ;
or as a substitute, forty bushels of peas stored in casks
for transportation. The compensation they were to
receive was fixed at fifteen thousand pounds of tobacco,
to be paid by a public assessment. Captain Henry
Fleet, in return for the same amount of tobacco, offered
to furnish boats, with men to manage them, victuals,
nails, axes, hoes, spades, three hundred pounds of
powder and twelve hundred pounds of shot or bullets.^
The plan adopted in York to save the soldiers engaged
in this march from the loss which would have resulted
to them had their crops, during their absence, been left
un worked and unprotected, was perhaps the one
followed in most of the counties at this time: — the
lieutenant and deputy lieutenant were required by
court to see that a certain number of persons were
designated to attend to these crops, and that a list of
their names was promptly given to the constable, with
instructions to inform them of the task imposed on
them. Should anyone among them neglect to comply,
he was, for every day he absented himself from the
field, to forfeit one hundred pounds of tobacco, to be

' Hening's Statutes, vol. i., p. 319.

Indian Wars : Marches 85

paid to the soldier whose com and tobacco he had been
assigned to look after. ^

The Indians having, in 1654, committed serious
depredations in the valley of the Rappahannock River,
the Assembly formed the counties of Lancaster, North-
umberland, and Westmoreland into an association,
subject in all military matters to a council of war
acting with the assistance of the justices embraced in
each county's commission. By their order, Lancaster
furnished one hundred men; Northumberland, forty;
and Westmoreland thirty; and this entire force was
placed under Colonel John Carter's immediate com-
mand, who was instructed to lead his troops against
the nearest Indian towns and demand satisfaction for
the robberies and murders perpetrated by their inhabit-
ants. Whilst the little army was to repel vigorously all
assaults which the savages might make on it during its
march, yet it was to be careful not to begin an attack.
Not until Colonel Carter had reported to the Governor
and Council the manner in which the expedition had
been received in the Indian country was a decision to

« York County Records, vol. 1638-48, p. 121, Va. St. Libr.
In Lower Norfolk, the penalty seems to have been 40 lbs. a day;
see Orders Aug. 15, 1645. The persons designated were, no doubt,
in every instance, the fourteen tithables responsible for the military
equipment of the person whose crops were to be worked; see Lower
Norfolk County Records, Orders Aug. 15, 1645, where we find the
following: "Whereas John Cole was by Capt. Edward Wyndham
appointed to be of that number which should set forth George
Rutland the southland march, and is since departed the parish,
by which means the said Rutland is damnified in his crop for want
of 2^ days work which should have been paid by said Cole, there
being none appointed by him to pay it before his departure. It
is therefore ordered, according to the order of the last council of
War, that Rutland shall be satisfied 40 lbs. of tobo. per day in satis-
faction of his said work, which amount to the full quantity of 100
lbs. of tobo. out of the said Cole's estate. "

86 The Military System

be reached as to whether open war should be declared.^
It would seem that the towns were overawed by the
strength of this force, and no hostilities broke out.

Ten years afterwards, several murders occurred on
that part of the Northern Neck's frontier lying towards
the upper waters of the Rappahannock; these were
committed by the neighboring Indians, who, however,
were supposed to have been instigated by the powerful
tribes seated further north; and it was even suspected
that these tribes had a direct hand in it themselves.
It shows how radical were the measures deemed justi-
fiable under circumstances like these that Berkeley,
so soon as he was informed of what had taken place,
wrote to Major-General Smith that it was necessary
to exterminate every member of these tribes except the
women and children, who might be spared in order, by
their sale as slaves, to defray the expenses of the
campaign. He thought such a merciless course neces-
sary to serve as a warning to all other Indians; and
he declared that, if there were not sufficient troops in
the Northern Neck to go upon so important a march,
a large number of young men residing in the other
counties held themselves in readiness to join it without
expectation of any other reward than "a share in the
booty." 2 When hostilities began, it was left to the
Governor to name the officers, and to determine the
number of soldiers to be employed in it.^

» Randolph MS., vol. iii., p. 258. This march took place, since
allowances were made in the levy of 1655 for some of its expenses,
such as the cost of the provisions, and the like; see Lancaster County
Records, vol. 1652-56, p. 233.

2 Rappahannock County Records, vol. 1663-68, p. 23, Va. St.
Libr.

3 Robinson Transcripts, p. 117. The following extract from the
Lower Norfolk County Records (vol. 1666-75, P- 24^) shows how

Indian Wars : Marches 87

Perhaps the most serious Indian incursions during
the Seventeenth century were those which had so power-
ful an influence in bringing on the Insurrection of 1676.
The miHtary steps taken to resist these incursions show
how quickly and effectively the Colony at this time
could, under the right inspiration, collect its strength
to repel an attack of the savages, however wide the
territory in which the blow might be struck. As soon
as news of the ravages and butcheries arrived, the
General Assembly provided for a general levy of one
thousand men, of whom one hundred and seventy-five
were to form a troop of dragoons. Each county was
required to raise a quota in proportion to the number of
its tithables. It had also to pay the wages of each of
its soldiers; to furnish him with two pounds of powder
and six of shot; to equip him with arms ready for im-
mediate use ; and to supply him with a sufficient amount
of biscuit, dried beef, bacon and cheese, to last, at the
rate of one pound of biscuit and a half pound of beef,
bacon, and cheese per diem, for a period of at least two
months, the probable duration of the campaign. For

victual was provided for the soldiers about to set out on a march :
To John Hatton

Provision for the Western Branch Company 700 lbs.

" Mr Willoughby

Provision etc for ye soldiers .... 3886 "

" Mr Fulcher

Provisions for ye soldiers ..... 1000 "

" Mr Carver ditto ...... 1775 "

" Mr Sayer

Expenses upon ye soldiers .... 1547 "

" Mr Thorogood

Expenses upon ye soldiers ..... 1050 "

" Mr Lear ditto ....... 400 "

" Clerk of ye Militia ...... 600 "

10,958 "

88 The Military System

every twenty-four men sent out by a county, two strong
and matured oxen and one horse in sound condition
were also to be dispatched. If the campaign had not
been completed twenty days before the expiration of
the two months first arranged for, each county was to
renew all its original provisions for the extension of the
war over two additional months, — new soldiers were to
be levied and new supplies collected. The commander
of each important division of the forces was author-
ized to impress two physicians to attend to the medi-
cal wants of his troops. All soldiers who might be
maimed for life were assured of a public pension.

The small army formed under the terms of this ad-
mirable law was divided into two corps, one of which
was designed to operate against the Southern Indians,
the other against the Northern. As both bodies were,
as time went on, certain to be greatly depleted by
various casualties, an order was issued that all de-
ficiencies, whether in men, arms, ammunition, victual,
horses, oxen and the like, should be made good by
impressment, but only after the proper warrant had
been addressed to the chief commander of the militia,
or justices of the county in which the impressment was
sought to be enforced. It was, perhaps, the most
remarkable feature of this law that the soldiers fur-
nished by each county were impowered to choose their
own officers, although, when once selected, these had
to apply to the Governor for their commissions. This
is one of the earliest of the popular measures which
Bacon aimed to introduce for the destruction of those
autocratic and oligarchic influences created by Berkeley
and the Long Assembly in every department of the
Colony's administration. If a company or troop was
composed of sixty men, they elected a captain, lieu-

Indian Wars : Marches 89

tenant or ensign, two sergeants, and two corporals; but
if it was composed of only forty men, they could elect
only an ensign or lieutenant, a sergeant and corporal;
and these were all the officers they could elect when the
company or troop did not exceed thirty in number.^

The promptness with which the different counties
undertook to carry out this measure revealed not only
the urgency of the impending danger, but also the ex-
istence of a general feeling that its several provisions,
if energetically enforced, were sufficient to ward off
that danger. Northumberland was one of the first to
act. The quota which it was required to furnish was
forty-nine men. The justices, in issuing the mandate
for immediate enlistment, directed the commander of
the county to draw the footmen in even proportions
from the five companies of infantry, and the troopers
in the same proportions from the two companies of
cavalry. Altogether, Northumberland contributed six
troopers and forty-three footmen. But before they
were dispatched, they were ordered to assemble on the
Fairfield race course. Having met, every soldier who
was able to offer an acceptable volunteer in his place
was released from duty. The different articles needed
on the march were supplied by wealthy citizens; for
instance. Captain Howson furnished the pack-saddles,
Major Brereton the meat, Mr. Philip Morgan and Mr.
Thomas Hobson the bread, while the horses required
for the transportation of these provisions and the bag-
gage were obtained by impressment from the two
parishes embraced in the county. The detachment
was accompanied by a number of Indians, employed,
no doubt, to serve as scouts, for which their wariness,

>■ Hening's Statutes, vol. ii., p. 341.

90 The Military System

knowledge of the woods, and silent movements espe-
cially fitted them.^

Middlesex was not less prompt than Northumber-
land in carrying out the provisions of the same law;
there like steps were taken to assure the troops, during
the approaching campaign, a sufficient quantity of food.
Major Robert Beverley seems to have furnished the
bread and bacon; the one at the rate of two shillings,
and the other at the rate of five pounds of tobacco a
pound. A few weeks later, the justices issued an order
that the head of every family residing in the county
should, for the use of the soldiers, supply biscuit in the
proportion of three pounds for every tithable person
attached to his house or plantation; this biscuit was in
part to be made of flour; and it was to be brought to
the courthouse on a specified date. The following
January, the justices designated five citizens who to-
gether were to contribute two hundred and fifty pounds
of biscuit for delivery at Richard Robinson's home on
the twenty-ninth day of the month. Christopher Rob-
inson, who was required to supply a portion of this
biscuit, was also directed to furnish six barrels of com.
How heavy were the charges imposed upon each county
by its participation in this great expedition against the
Indians was shown by Middlesex's outlay on this ac-

' Northumberland County Records, Orders July 4, 1676. The
following shows the wages of the soldiers furnished by this county :
Captain Andrew Morton 23 months .... 1400 lbs.
Lieut John Browne 2J months . . . 933 "

Sergeant John Phillips aj months .... 583 "
Sergeant John Trope 2! months .... 583 "

John Payne, Drummer 2 J months . . . • 35° "

Forty four soldiers ©125 lbs. per month for each man

for two months ....... 12,848 "

Orders Sept. 20, 1676 ..... .16,697

Indian Wars : Marches 91

count: — the total amount which the taxpayers of that
county had to pay was estimated at nearly thirty
thousand pounds of tobacco ; this sum included the cost
of all the arms, ammunition, victual and horses; and
it also included the expenses of hiring sloops, rewarding
special messengers, and paying the soldiers' wages. ^
In spite of the energetic measures adopted in 1676
to subdue the Indian tribes, there was only too much
ground for the rumour which spread through the
Colony about two years afterwards, that bands of
marauding savages had been seen at the heads of the
principal rivers. As soon as the news of this fact
reached the Governor's ears, he ordered the troops
at this time stationed in Charles City and Henrico to
keep their arms and horses in good condition and to
be ready at a moment's notice for active service. The
justices of each of the two counties were directed to hold
a session of their court at once in order to take im-
mediate steps to provide the quantity of portable
victual that would be needed; and this victual was to
be forwarded for the soldiers' use as the demand for
it should arise. In addition to the troops already
prepared to march to the frontier, a certain number of
the militia belonging to either county was to be called
out. The general supervision of all the arrangements
was assigned to Major Abraham Wood, an officer who
had enjoyed an extensive experience in military affairs;
and all persons were warned to obey whatever command
he should give. The extra expense of this march was
to be defrayed by a special tax. 2

< Middlesex County Records, vol. 1673-80, p. 57; Orders Oct.
2, 1677.

2 The troops already under arms in Henrico and Charles City coun-
ties were referred to by the Governor as "His Majesty's soldiers. "

92 The Military System

Under the influence of a similar danger, a little band
of twenty picked men was furnished by Northumber-
land for an expedition sent out the same year.^ The
manner in which the soldiers of this county were, in
1679, provided with arms and victual for a march
was perhaps not peculiar to Northumberland on such
an occasion : — the justices having made up a complete
list of all the tithables residing within its limits, the
whole number was divided into sets of forties, and each
set ordered to contribute one able man, with a horse;
to furnish him with a carbine, sword, and pistols; and
to supply him with eighty pounds of dried pork or
bacon, or with one hundred pounds of dried beef, two
bushels of meal, and five of Indian corn.^ Middlesex
raised thirteen troopers for this march. In this county,
each horse was furnished by a different person, who
also in some cases furnished the saddle and bridle, and
in other cases, the pistols and holsters. Sometimes
one person would provide the horse and another person
the saddle; or one the horse, another the saddle, and
still another the pistols. The swords and carbines were
supplied by the county. The whole expense imposed
on Middlesex alone by this expedition was estimated
at fifty-six thousand pounds of tobacco, and as the
price of a pound of tobacco at this time did not, on the
average, range lower than a penny and a half, this
signified a cost approximating six thousand dollars

It is prv,':)a,ble from this expression that it was the intention to
use the regulars sent out to Virginia to suppress the Insurrection
of 1676; see Henrico County Records, Minute Book 1 682-1 701,
p. 26, Va. St. Libr.

> Northumberland County Records, Oct. 22, 1679. There was
an allowance in the levy to meet the expenses of these troops, such
as the cost of victual, arms, horses, and the like.

2 Northumberland County Records, Orders June 7, 1679.

Indian Wars : Marches 93

in modem values, no inconsiderable sum for a single
county to pay for any purpose, even in the present
times. ^ Westmoreland also incurred a heavy outlay
for horses, saddles, bridles, swords, pistols, carbines,
boats, and sloops procured for the equipment or use
of the forty troopers furnished by its citizens for the
same expedition. ^

Down to 1680, there was a regulation that no steps
should be taken to raise men to repel an Indian in-
cursion until the Governor had been informed of the
inroad, and his authority obtained to call out the
militia. Recent events had shown that the delay thus
caused might, in some great emergency only too likely
to arise, prove fatal to a large number of the Colony's
inhabitants. On account of this anticipation, the
Council, this year, requested the Governor to confer
on certain officers residing in different parts of Virginia
the right to summon the whole body of militia to arms
in a moment of pressing need without first sending him
word of their intention. The persons invested with
this important military power were Colonel Joseph
Bridger for the district of Nansemond, Lower Norfolk,
Isle of Wight and Surry counties; Colonel WiUiam
Byrd for that of Henrico and Charles City; Lieut. -
Colonel George Lyddall for that of New Kent; whilst
Lieut. -Colonel William Lloyd's district was composed
of the country lying along the Rappahannock; and
Captain George Cooper's of the coimtry situated on the
southern bank of the Potomac.'^ Three years later,
during Culpeper's absence in England, news having
reached the Council that the Seneca Indians were about

» Middlesex County Records, vol. 1673-80, pp. 181, 202.

2 Westmoreland County Records, vol. 1675-89, p. 162.

3 Colonial Entry Book, 1680-95, p. 46.

94 The Militar}^ System

to descend upon the frontiers, orders were at once de-
spatched to Colonel Byrd to hold the Henrico horse in
readiness to march against the enemy; and he was
also to inform Colonel Edward Hill, of Charles City,
of the impending danger so as to enable him to prepare
himself to come to Byrd's support when the command
to advance towards the head of James River was given.
The alarm proved to be groundless. ^

Seven years later, the Council showed an equal degree
of vigilance and alertness. A number of murders had
recently been committed near Fort Albany in New York
by the French and Indians, who had long been threat-
ening the English settlements. As soon as the news of
all this reached Virginia, the Council adopted measures
for checking and repulsing these allied foes should they
extend their incursion southward. Every commander-
in-chief throughout the Colony was ordered to see that
each company or troop which had been organized in his
district was in a state of readiness to start upon a march
at a few hours' notice, with their accoutrements in good
condition, and their guns well fixed. He was also to see
that word was sent to all the inhabitants of his district
to give prompt information of the enemy's approach
to the nearest militia officer; who, on its receipt, was
to summon the persons enlisted in his company or
troop to meet at the usual place of rendezvous; and

1 Colonial Entry Book, 1680-95, p. 186. "Upon the petition
of Captain Thomas Cocke and proof thereof made, certificate to
the next Assembly is granted unto him for 180 lbs of Tobacco, and
cask by him paid to men imprest by order of Hon William Byrd
for the transporting of the country's arms and ammunition for the
country's service from Mr Francis Eppes' house up to Falls of
James River, it being about forty miles." This was in 1685; see
Henrico County Records Minute Book, 1682-1701, p. 118, Va.
St. Libr.

Indian Wars : Marches 95

the same officer was, under these circumstances, also to
dispatch messengers to the other militia officers of his
county, who were to follow his example in collecting
their forces. Should the commander-in-chief think
that a greater number of soldiers were needed than one
county could furnish, then he was impowered to raise
the militia of the surrounding counties on his own
authority, provided that he forwarded a full report of
his proceedings to the Governor at Jamestown. ^

That the danger which these elaborate precautions
were designed to meet was not a mere phantom of rumor
and panic was proven by the fact that, at this time,
a party of English hunters, who were exploring the
forests about twenty miles beyond the last of the
outlying plantations, were attacked by wandering
Indians, and some of them killed and others wounded.
All such detached parties, whether pursuing game,
or seeking to trade with the savages, ran the gravest
risk of being destroyed by being shot down unex-
pectedly from behind trees and rocks. 2 Nevertheless,
the presence of such peril, which was quite constant
e\^en when peace was supposed to prevail, did not make
the General Assembly less determined that idle reports
of imaginary Indian incursions should be discouraged
by punishing the persons spreading them, although
unaware that these reports were without reasona-
ble ground. In 1694, Edward Hatcher, of Henrico,
created great consternation there by announcing
puolicly at different places that, to his certain know-
ledge, Mrs. Banister and all her family had been slain
by the Indians; the militia, in consequence, were sum-
moned to take up arms to repel an incursion ; and they

' Colonial Entry Book, 1680-95, P- 33 7-

» Letter of Gov. Nicholson, B. T. Va., 1690, No. 7.

96 The Military System

actually assembled at the rendezvous on Mr. William
Puckett's plantation, where it was soon found out that
Hatcher was not justified in making such a statement,
either by what he had seen himself, or by what others
had reported to him. The county court promptly
took up the matter with a view to punishing him for
his conduct.^

• Henrico County Records, vol. 1688-97, pp. 532, 535, Va. St.
Libr.

CHAPTER VIII
Indian Wars: Forts

MARCHES were not the only means adopted by the
colonists to protect their different communities
from an Indian attack. In the early history
of the settlements, it was customary for the General
Assembly from time to time to give orders that every
residence should be surrounded by a strong stockade,
or palisade as it was then known, which, by making
each dwelling house really a private fort, enabled the
inmates to offer a successful defence from behind its
shelter. Such a regulation was put in force very gener-
ally in 1623, the year after the great massacre, an event
that had showed so vividly the need of such a forti-
fication; and also, in 1626, when an Indian incursion
was again threatened.^ As the population of the Col-
ony's older parts grew more numerous, and thus raised
a barrier against any serious inroad of the savages, the
necessity of employing such a means of protection in
those parts gradually passed away; and, no doubt, this
change in conditions was accepted with great satis-
faction; among other reasons, because it must have been
troublesome and expensive to erect and preserve a
stockade around even the smallest cabin. The custom,
however, continued on the frontier long after it had

1 British Colonial Papers, vol. iii., 1624-5, No. 9; Robinson
Transcripts, p. 54.

VOL. 11-7 97

9^ The Military System

ceased in the central divisions of the Colony, for there
a stockade always served as a valuable fortification for
a lonely dwelling house.

At one time, it was sought to protect a great area
of country near the end of the peninsula between the
James and York Rivers by the construction of a pali-
sade from one of these streams to the other. Although
it stretched a length of only six miles, — from Martin's
Hundred to Cheskiack, — it shut off the marauding
Indians from a reach of field and forest spreading
over at least three hundred thousand acres. The first
suggestion of this important fortification seems to have
come from the General Assembly and was embodied in
a letter to the Privy Council written by that body in
the course of 1624-5. ^ The idea probably had its
origin in the palings which Dale, many years before, had
erected in the neighborhood of Henricopolis; more,
however, with a view to protect the newly planted com
from the depredations of wild animals, and to keep the
cattle and hogs from wandering, than to set up a serious
barrier against an inroad of the savages. ^ The pali-
sade seems to have been built by Samuel Mathews and
William Claiborne. In the proposition submitted by
the two, they requested that they should be paid twelve
hundred pounds sterling at once as a fund with which
to secure the laborers and materials needed in carrying
through the work ; that they should be granted patents
to six score poles of ground situated on either side of the
palisade, where they promised to seat a large number
of persons to serve as a convenient guard for its protec-
tion; and finally, that they should receive one hundred

« British Colonial Papers, vol. iii., 1624-5, No. 8.
2 Brace's Economic History of Virginia in the Seventeenth Century,
vol. i., pp. 209-10.

Indian Wars : Forts 99

pounds sterling annually, to be expended in preventing
the structure from going to ruin. In return, Mathews
and Claiborne bound themselves to erect it before
the expiration of eighteen months; to build along the
line a succession of blockhouses, each within musket
shot of its nearest neighbor on either side; and to sta-
tion in every blockhouse a garrison of picked men.
In the letter setting forth the proposition, they asked
that an answer should be given before the ensuing
Christmas, as, in case their offer was accepted, it would
be imperative for one of them to visit England to pro-
cure certain articles that would be needed in the course
of the work.i The palisade was not completed for
some years. In 1634, Harvey reported to the English
Government that it was then in existence. 2 Long after
the structure had been allowed to go to ruin as no longer
required for the country's safety, traces of it remained
to remind the neighboring planters of the times when
even that part of Virginia, then so remote from the
frontier, had once been exposed to the danger of Indian
incursions.

As the Colony's frontiers widened, a palisade resem-
bling the one erected between Martin's Hundred and
Cheskiack became impracticable ; but the blockhouses
or small forts protecting such a palisade could be
repeated at suitable points without entailing extraor-
dinary expense either to build or to maintain them.
A number of these forts had sprung up as early as 1646 ;
and they were then used, just as they were afterwards,
not only as points of observation for a carefully selected

» British Colonial Papers, vol. iv., 1626-8, No. 10, II. A letter
from Wyatt on the same subject will be found in British Colonial
Papers, vol. iv.. 1626-28, No. 10.

* British Colonial Papers, vol. viii., 1634-5, No. 22.

loo The Military System

garrison, but also as places from which expeditions
seeking to break the Indian power might start out,
and to which they might return for safety in case they
had proved unsuccessful. In one year alone, 1645, the
General Assembly made provision for the erection of
three important forts; they were to be known as Forts
Royal, Charles, and James; and the sites chosen for
them were respectively Pamunkey, the Falls of the
James, and the high ridge overlooking the Chicka-
hominy.^ There was, at this time, standing on the
south side of the James, at a place then known as the
Middle Plantation, a fortification, which came at a
later date to be called Grindall's Old Fort. 2

In the following year, provision was also made for
the building of a fort at the Falls of the Appomattox
River, the site of the modem city of Petersburg. The
manner in which this fort was erected and a garrison
provided for it, was, no doubt, the one then generally fol-
lowed : the power was conferred upon the lieutenant and
deputy-lieutenant in command of the area of country
situated within the limits of Bass's Choice, to procure,
by means of a public levy, the fund required for the
purchase of all the materials that would enter into the
proposed structure ; whilst the soldiers to defend it were
to be drawn from the local militia to the number of
forty-five men, of whom three were to be enlisted from
Henrico, twelve from Charles City, and fifteen from
James City and Isle of Wight respectively. The captain
of this company was to possess the right to select
all his subordinate officers. The fort itself was to

» Hening's Statutes, vol. i., p. 293.

2 Robinson Transcripts, p. 239; Surry County Records, vol.
1645-72, p. 59, Va. St. Libr. The term "middle plantation" was
best known in connection with the site of Williamsburg.

Indian Wars : Forts loi

be under the medical supervision of a competent
physician.^

The support of these frontier forts soon becoming
extremely burdensome to the people, various devices
were adopted to lessen the tax which they imposed.
In 1646, two years after the second great massacre,
valuable grants of various kinds were made to certain
responsible citizens in consideration of their assuming
all the charges as well of keeping these forts in a con-
dition of good repair as of maintaining the numerical
strength of their garrisons. Thus to Capt. Abraham
Wood, Fort Henry, with all outstanding houses, and a
tract of six hundred acres adjacent, was presented in
return for his agreeing to support at his own cost, for
a period of three years, a garrison of ten men in that
stronghold; he was also to receive all the arms and
ammunition to be found there, and also all the boats
belonging to it; and he, as well as the soldiers under
his command, were, during the time of their occupation,
to be exempted from all forms of public taxation. Six
hundred acres, with the like privileges, were bestowed
on Capt. Roger Marshall for maintaining Fort Royall,
popularly known as Fort Rickahock, with a garrison
of ten men; and four hundred on Thomas Rolfe also,
with the like privileges, for maintaining Fort James,
with a garrison of six men. There was no tillable land
situated in the immediate neighborhood of Fort Charles
at the FpIIs of the James, but the General Assembly
announced that, should any one purchase the Harris
plantation on the south side of the river and also under-
take to maintain the fort with a sufficient garrison, he
should receive as his own all the boats and ammunition

' Hening's Statutes, vol. i., p. 315.

I02 The Military System

belonging to it; and he should also be permitted to pull
down all the outstanding houses for the use of the timber
and nails. The privilege of exemption from the levy
for a period of three years was also to be conferred on
him and the men subject to his command. ^ That
this provision was really carried out in every case is
shown by the action of the York county court in de-
claring that John Addison, a soldier attached to Fort
Royall, could not be taxed because he was under con-
tract to serve as a member of the garrison stationed at
that place. 2

Many years after these forts were erected, in con-
sequence of the extraordinary activity of hostile tribes,
a like influence moved the General Assembly to provide
for the construction of a large number of new forts
to serve the same general purpose. In 1675-6, when
the Colonists were suffering severely from the Indians'
depredations, a plan was adopted to hold them in check
by establishing a chain of posts along the whole line of
what formed the frontier at that time. This chain was
to begin at a point situated on the upper Potomac, in
Stafford county, where eighty men were to be stationed.
The second fort was to be raised at the falls of the
Rappahannock, and was to be occupied by one hundred
and eleven men; the third at a point on the Mattaponi
River, where the garrison was to number fifty-two men ;
the fourth at the Falls of the James, the site of one of the
fortifications erected in 1646, but which, by this time
had probably gone entirely to ruin. This post was to be
held by fifty-five men. The fifth fort was to be built
at the Falls of the Appomattox, where an earlier fort,

' Hening's Statutes, vol. i., p. 327.

2 York County Records, vol. 1638-48, p. 108, Va. St. Libr.

Indian Wars : Forts 103

as we have seen, had once stood; the garrison here was
to number fifty-seven men. The sixth fort was to be
built on the Blackwater River in Surry, and the
seventh on the Nansemond, near its headwaters; each
of which was to be occupied by forty men. And finally
a fort was to be built in Accomac.

It will be seen that this series of forts was designed
to extend from the furthest plantation on the North-
west round to the furthest on the Southwest, — in other
words, from the Potomac on the one side, to the
Nansemond on the other. It is probable that the
distance between the site of each fort and that of its
nearest neighbor on either hand, did not, on an average,
exceed forty miles. Each site was chosen as possessing
commanding advantages, not the smallest of which
was the fact that its proximity to deep water allowed
easy and safe access in an emergency to the more settled
parts of the Colony. The men to be assigned to the
defence of these forts were to be raised by a general
levy; but each county was to contribute a quota in
proportion to the number of its tithables. All the
powder and shot at the authorities' disposal was to be
divided among these different garrisons according to
their respective number of soldiers. The first term of
service was to last for four months; but, if necessary,
was to be extended to four months more. There were
to be provided for each soldier five bushels of shelled
com and sixty pounds of pork or beef ; and the quantity
in each case was to be renewed at the end of the first
four months. In addition, each garrison was to receive
a supply of axes, hoes, spades, saws, wedges, and nails.
Boats were to be impressed to transport the troops,
together with their supplies of all kinds, to the different
strongholds. A physician was to be appointed for each

I04 The Military System

fort; and he was to be furnished with medicines to the
value of five pounds sterhng for every one hundred men
under his care. The commanders of the counties in the
immediate neighborhood of each fort were required to
hold all the troops under them in readiness to march to
its garrison's relief should there be a call for assistance;
and in that event, they were to pursue the Indians to
their towns, and if possible exterminate them. The
entire body of militia, which was liable at any time to be
summoned to the aid of all the forts, was placed under
the orders of a single commander-in-chief. ^

It is probable that most of these forts were built, as
it was recognized at the time that some extreme step
had to be taken to protect the Colony from the incursion
of the savages. The erection of each fort did not in
itself impose a very heavy charge, as it was constructed
in a very simple fashion of materials obtained from the
surrounding forests. The maintenance of the garrisons,
however, imposed now, as in 1646, a heavy burden on
the taxpayers, and led, as in 1646 also, to various de-
vices for lessening the expense. In 1679, a proposition
was made by Major Lawrence Smith which was designed
to relieve the public of the support of a garrison at the
fort on the Rappahannock, He offered to seat fifty
men near this fort within an area fronting a mile on
the river, and running back a quarter of a mile into the
forests; and he would continue to add to this number
until he bad settled two hundred and fifty on the tract.
They would be always prepared to run together to
resist an Indian attack as soon as the drum beat the
first note of alarm. Smith bound himself also to lead
them in pursuit of a more distant enemy whenever he
should receive notice from the Governor, Lieut. -General,

' Hening's Statutes, vol. ii., p. 333.

Indian Wars : Forts 105

Major-General, or any of the neighboring inhabitants
that their services were needed to put an end to the
ravages of some marauding tribe ; but they were not to
be required to proceed alone more than twenty miles
from the fort, should they have good reason to think
that the hostile force exceeded their own in strength;
at that distance, they were to be permitted to unite
with the Colony's regular troops, and thereafter were
to be paid wages like the rest of the soldiers. Smith
asked that the following privileges should be extended
to the persons he proposed to settle: first, they should
be allowed a court of their own composed of himself
and two others nominated by him, who should enjoy
the right to decide all cases a county court was author-
ized to determine; secondly, they should be governed
chiefly by by-laws adopted by a body made up of Smith,
two commissioners, and six inhabitants of the tract
chosen by the popular voice; and, finally, they should,
to the number of one hundred and fifty, be entirely
exempted from arrest for debt for a period of twelve
years, and for fifteen, should be relieved of all public,
county, and parish burdens; and be liable only for the
payment of the small taxes imposed to meet the ad-
ministrative needs of the narrow district to which their
homes were to be confined. The privileged area should
extend five and a half miles along the bank of the river,
of which three miles should lie above the fort, and two
and a half below ; and it should reach back for a distance
of four miles.

The same offer was made by Col. William Byrd for
the maintenance of the fort at the Falls of James River.
The tract which he proposed to seat in return for the
same privileges was to extend five miles up and down
on both sides of the river at that point. The tract on

io6 The Military System

the south side was to spread back into the forest one,
and on the north side, two miles. ^

A remarkable scene occurred in the Rappahannock
fort in September of the same year. The commander
of that fort at this time was Capt. Cadwalader Jones,
who had recently written to Major Robert Beverley
in criticism perhaps of the quota of men and horses
furnished' for the war by Middlesex county under the
latter officer's orders. The letter in reply must have
been very offensive, for Jones first gave directions that
it should be read before the assembled garrison; but
not satisfied with this, he caused a fire to be made in full
view of the soldiers, now drawn up before him, and
holding up the letter so that all could see it, bade them
take notice that he valued the writer of that missive,
and also the Governor himself, no more than he did
the letter itself; and with an air of great scorn and
contempt threw it into the flames, where it was soon
consumed. Nor did he dismiss the matter even after
this act so expressive of extreme disdain, but seizing a
stout stick, beat Peter Russell, the corporal who had
carried Jones's letter to Beverley and brought back
Beverley's answer, until he was (to repeat the language
of the record) "black and blue in divers places." The
commander then clapped the unfortunate man into
the stocks standing within the bounds of the fort.

This incident showed that the secluded situation
of the commander of a frontier fort very often fostered
in him greater independence of spirit and freedom of
action in expressing his opinions and feelings than he
would have indulged in had he been less remotely
placed. In showering such indignity on a letter
coming from an officer of higher rank than himself,

» Hening's Statutes, vol. ii., p. 448.

Indian Wars : Forts 107

Captain Jones either yielded to the uncontrollable
impulse of an irascible temper, or relied upon the
distance to prevent his conduct from becoming known
to those having authority to punish him for insub-
ordination. But it is much more probable that he
was aware that his position as commander of a fort
buried in the forest wilderness was one so little desired
by others that his military superiors would be inclined
to wink at the intemperate and insulting character
of his act and words, even should news of it reach their
ears. The scene also disclosed the extraordinary
power assumed over his men by a headstrong com-
mander when withdrawn from the immediate super-
vision of a higher officer. That Captain Jones's offence
brought down upon him no real punishment is proven
by the fact that, in the course of the following year,
he was allowed fifteen thousand pounds of tobacco in
consideration of the extraordinary losses and suffer-
ings which he had personally undergone in the country's
service in defending the frontiers. He was still in charge
of the fort in 1684, having now been advanced to the
rank of Colonel; subject to his orders in this post were
one captain and two corporals; whilst the body of the
garrison consisted of eighteen soldiers and twenty
horsemen. 1

That there was a fortification of some kind standing
on the Potomac at this time is indicated by an order
of the Northumberland justices, passed in 1680, re-
quiring the people of the county to contribute a large
quantity of salted pork or beef and corn-meal for the

1 Middlesex County Records, Orders Oct. 6, 1679; Rappahannock
County Records, Orders April 2, 1684; Colonial Entry Book, 1682-
95, p. 96; Minutes of Council, June 30, 1680, Colonial Entry Book,
vol. Ixxxvi.

io8 The Military System

support of the garrison stationed at that place. This
victual was delivered to Captain Hudnall, who, when
the entire supply had been brought in, transported
it in his sloop to the fort.^ Among the other charges
entailed by this stronghold's maintenance at this time
was the cost of the medicines procured for its use by
Colonel Spencer. 2

It is possible that this fort was one of the palisaded
houses ordered by the General Assembly, in 1679, to
be erected at the heads of the four great rivers flowing
down from the western mountains. These houses
seem to have been designed chiefly for stores; and it
was principally for these stores' protection that they
were garrisoned. The house intended for the Potomac
was required to be built near the Occoquan River, a
tributary, and the articles to be placed in it, consisting
of a large quantity of nails, carpenters' tools, and
kitchen utensils, together with many bushels of salt,
were to be supplied by Major Isaac AUerton, Col.
George Mason, and St. Leger Codd. At the head of
the Rappahannock River, the second storehouse was to
be erected ; and there was to be raised in its immediate
vicinity a small house as a shelter for the ammunition.
Major Lawrence Smith was required to procure for this
storehouse the same kind of articles as had to be

» Northumberland County Records, vol. 1678-98, p. 64.

2 British Colonial Papers, vol. xxxvii., Doct. 20. "Whereas
there is an article of 6200 lbs. of tobacco part of the sum of 10,370
pounds levied this Assembly for Mr. John Quigley, and is charged
for medicines delivered to Robert Synock as Surgeon to Rappa-
hannock garrison, and there being but only five pounds sterling
appointed to buy medicines for each fort; it is therefore, ordered
that, if it shall appear to the court of Rappahannock that the said
Synock ought to be allowed the overplus, then he the said Synock
shall discount ye same out of what he is to receive from this public
levy"; Orders of Assembly, 1680, Colonial Entry Book, vol. Ixxx.

Indian Wars : Forts 109

provided for the one situated on the upper waters of
the Potomac. The buildings at the head of the Rappa-
hannock were to be dupHcated at the head of the
Mattaponi; also at the head of the James; and for
the one, Major Richard Johnston was to purchase the
necessary stores, and for the other, Colonel William
Byrd.

The men who were to guard these storehouses were
to be obtained from the different counties in proportion
to the number of their respective tithables. Every
forty tithables to be found in the Colony were to con-
tribute one soldier to this service; they were also to
supply him with a horse and to equip him with arms,
consisting of a case of pistols, a sword, and a carbine
or shotgun; and in addition, they were to furnish him
with two pounds of powder, and ten pounds of leaden
bullets or swan-shot. Nor was their provision to stop
here : they were also required to send to the storehouse
which he was to assist in protecting, five bushels of
shelled maize, two bushels of meal, eighty pounds of
salted pork, or one hundred pounds of salted beef.
In the beginning, the soldiers' duties were not to be
wholly military: — they were expected to fell, maul, and
saw the timber for use in constructing the storehouse
and the neighboring guard-house. Each garrison was
to be supplied with a boat capacious enough to trans-
port three or four horses at one time ; and also with one
barrel of gunpowder, shot in proportion, and ten long
muskets. Each garrison too was to have attached to
it four experienced Indian scouts procured from the
nearest friendly tribe. ^

As the garrisons thus raised and maintained entailed

1 Hening's Statutes, vol. ii., pp. 433-40.

no The Military System

a serious public expense, owing to their size, it was
decided some years later, danger of Indian attack
having now grown less, to reduce each to twenty men.
The task of providing for them was, for a valuable consid-
eration, undertaken by several of the Colony's principal
citizens; for instance. Colonel William Byrd, in return
for two thousand pounds of tobacco for each soldier,
agreed to supply the necessary food for the men pro-
tecting the storehouse built at the head of James River ;
Colonel Langhorne, for those protecting the storehouse
situated on the Mattaponi; and Major Robert Bev-
erley, for those guarding the one standing near the
upper waters of the Rappahannock.^ In 1680, when
there was some perplexity as to how to dispose of the
regulars sent out to repress the Insurrection of 1676,
it having been concluded that the best use to be made
of them was to assign as many as possible to these
remote spots, eight were added to each of the outlying
garrisons. 2 The Indians had now been so completely
subdued that there was not much danger of an early
outbreak; nevertheless, it was clearly recognized that
no dependence could be placed upon their continuing
in a state of quietude unless they were constantly
restrained from overt acts by the presence of these
garrisons, who were always ready, on the smallest
provocation, to summon the militia of the neighboring
counties to their assistance.^ Any step towards the sol-
diers' withdrawal on account of the expense imposed by

» Hening's Statutes, vol. ii., Acts 1680; see also Colonial Entry
Book, vol. 1676-81, p. 384.

2 Minutes of Council, July, 1680, Colonial Entry Book, 1680-95,
p. 52. The number of men composing each garrison remained the
same, as eight of the colonial volunteers were withdrawn.

' See opinion of Colonel Spencer expressed in a letter to Secre-
tary Coventry in England. The garrisons, he said, were a "con-

Indian Wars : Forts m

their maintenance always aroused strong opposition.
There was, in 1681, a proposition to discharge the
troops stationed in the Potomac fort, as it was found to
be both difficult and burdensome to provide them with
victual. The persons who had first undertaken the
contract to supply it having declined to do so any
longer, George Brent and William Fitzhugh, looking
upon the place's abandonment as a public calamity,
came forward and offered themselves as substitutes,
so that the garrison was able to remain for the protec-
tion of all that part of the Colony. ^

It was estimated that, for the year 1680-81, the sup-
port of the four garrisons stationed at the heads of the
great rivers required a tax of forty-seven pounds of
tobacco to be levied on every tithable in Virginia. ^
In 1682, the accounts of the contractors who had agreed
to furnish this support showed that, during that year,
George Brent and William Fitzhugh, the two persons
responsible for the maintenance of the garrison in the
Potomac fort, had, on that score, not only disbursed
about one hundred and seventy-five thousand pounds
of tobacco for victual and other supplies, but had ad-
vanced about fifteen thousand pounds of the same
commodity; no doubt, for the amount of the soldiers'
wages. They had also expended about eight thousand
pounds for the equipment and support of a small body
of supernumerary troops. Colonel William Byrd,
who had undertaken to furnish whatever would be
needed by the gan'ison stationed at the head of James
River, disbursed, during the same year also, about one

tinual check on the Indians as a standing guard to the frontiers";
Colonial Entry Book, 1676-81, p. 384.

1 Colonial Entry Book, 1680-95, P- 9^-

2 Orders of Assembly for 1 680-1 , Colonial Entry Book, vol. Ixxxvi.

112 The Military System

hundred and seventy-five thousand pounds of tobacco
for victual and other supplies; about fifteen thousand
pounds to pay the soldiers' wages ; and about sixty- five
hundred for the equipment and support of forty
supernumerary troops. Colonel George Lyddall, who
had undertaken to provide for the garrison stationed
at the head of the Mattaponi, and Major Robert
Beverley, for the one at the head of the Rappahannock,
disbursed on the same accounts a total of about one
hundred and five thousand pounds of tobacco, and of
one hundred and eighty-nine thousand, respectively.
The whole cost of maintaining the four garrisons for one
year fell very little short of seven hundred thousand
pounds of tobacco. If we estimate this commodity's
value at a penny and a half a pound, a low rather than
a high figure, the four garrisons' support imposed on
the Colony an annual expense of about four hundred
pounds sterling, which, in purchasing power, was equal
to about eighty thousand dollars in modem currency. ^
That this very large sum represented the expenditure of
one year alone and not of two or more, would seem to be
shown by the allowance made to Colonels Brent and
Fitzhugh, who, as we have seen, had only become the
undertakers for the garrison of Fort Potomac twelve
months before.

It is not surprising to find that it was soon decided
that these garrisons imposed a heavier charge than the
Colony could well afford to bear ; and this conclusion was

> Colonial Entry Book, 1682-95, p. 75. In January, 1682-3,
28,714 pounds of tobacco were paid to Colonels Fitzhugh and Brent
as "undertakers" for the Potomac garrison. In 1686, an allowance
of 74,910 pounds was made Capt. Edward Bacon on account of
another garrison, possibly, however, one stationed in a fort on
tide-water; see York County Records, vol. 1684-7, P- 226, Va. St,
Libr.

Indian Wars : Forts 113

reached the more easily as the tribes which had made
the erection of the posts imperative had now sued for
peace. 1 There was a general impression also that they
had not answered quite fully the purpose for which they
were intended. Gradually, the houses built for these
four garrisons fell into ruin, or were dismantled, and the
Acts of Assembly requiring them to be kept up per-
manently were repealed. Even when they were first
constructed, they were described as being " only slight
Virginian houses" to shelter men from the weather,
with palisades around them to serve as a barrier in
case of an assault. Indeed, it was said at the time
that they were "mere shadows of forts. "2

From the facts stated in the previous paragraphs,
it is evident that, from an early date in the Colony's
history, the frontier, although always moving further
outward, was protected by forts, — some, like those
erected under the Acts of 1646 and 1676, of a more or
less permanent character; others, like those erected
under the Act of 1679, of a purely temporary; but each
serving more or less effectively the general purpose for
which it was designed. While an Indian war was in
progress, the life led by the soldiers belonging to the
garrisons of these posts was, no doubt, full of bustle
and interest. There was not one moment, whether in
the day or night, when the men were entirely free from
apprehension of attack. They were never deceived
by the silence and peace of the surrounding forests,
for, in an instant, it might be broken by a thousand
hideous yells from bands of savages lurking in the under-
brush, and by the answering battle-cry of the soldiers

' Hening's Statutes, vol. ii., p. 498.

2 Minutes of Assembly, Dec. 21, 1682, Colonial Entry Book, 1682-
95. P- 66.

VOL. II-S

114 The Military System

from behind their breastworks of log and palisade. At
the height of a war, the troops slept on their arms
ready to spring to their feet at the first sound of alarm.
During such a period, too, they made short incursions
into the country around the fort; and these marches
were rendered the more exciting by the wariness
required to avoid an ambuscade. Expeditions of this
kind relieved the tension of life in the fort itself. But
when the tribes had been subdued and the garrisons
had no reason to anticipate an attack, the soldier's
existence in so remote and secluded a spot must have
been marked by extraordinary monotony; it is true that
he had the companionship of a considerable body of
men, and was, no doubt, allowed to divert himself in
their company with various games; but in spite of this,
his hours must have hung heavily, and his time passed
slowly. He perhaps not infrequently regretted the
days when the prospect of conflict with the Indians
imparted an extraordinary interest to every hour of
the twenty-four.

CHAPTER IX
Indian Wars : Rangers

AFTER the four standing garrisons were disbanded
in 1682, it being still looked upon as unwise to
leave the frontiers entirely unguarded, the As-
sembly provided that eighty light horsemen should be
enlisted to patrol the borders. These troopers were
chosen from the four principal frontier counties, —
Henrico, New Kent, Rappahannock, and Stafford, —
because it was in these counties that the upper regions
of the four great rivers were situated, the regions calling
for the most constant inspection as those most open to
the incursions of hostile tribes ; and also because it was
in these counties that it was easiest to find men, not
only thoroughly familiar with the country to be scoured,
but of long experience in every branch of Indian war-
fare. ^ There was attached to each of several, if not of
all, of the four garrisons which, previous to 1682, had
been stationed near the storehouses erected on the
Potomac, Rappahannock, Mattaponi, and James Rivers,
as already described, a small body of horsemen who had
performed duties like those now undertaken by the
Rangers; but whilst that body, no doubt, made many
excursions, it probably did not wander very far from
the fort to which the men belonged. It formed an
important part of the fighting force of that post, and

' Hening's Statutes, vol. ii., p. 498.

115

ii6 The Military System

its services could not have been long dispensed with.
During the whole time these troopers were stationed on
the frontier, a war with the Indians was in progress,
which made it the more urgent that they should be
near the fort almost without any interval of absence.^
On the other hand, the work designed for the light
horsemen organized in 1682 was to be of a less bold and
aggressive character; no open war was now going on,
and there were no forts or storehouses to be guarded;
it followed that their only duty was, after the manner
of mounted scouts, to move from point to point to
observe whether there was any sign of secret marauding
on the part of the Indian tribes.

A muster of the Rangers belonging to each of the four
regions lying towards the headwaters of the great
rivers was ordered to be held at least once a year; and
not less than once every fortnight, they were to pass
over the country assigned to their charge . Immediately
upon the discovery of a war-party of Indians, they were
to dispatch one of their own number to the nearest
officer of the militia ; who in his turn was to take prompt
steps to inform the higher military authorities of the
presence of a hostile force; and he was also to go for-
ward to meet that force, and either check its further
advance or exterminate it altogether. The captain of
each troop of Rangers was required to be a property
holder residing in the district; and in his absence, the
corporal assumed the command. The importance of
the positions occupied by these two officers was shown

> The commanders of garrisons were authorized by the General
Assembly to impress a man and horse in the vicinity to carry a
message to the Governor or the nearest member of the Council.
It was declared that to send a trooper on such an errand would
curtail the strength of the post too much; see Colonial Entry Book,
1680-95, p. 207.

Indian Wars : Rangers 117

by the fact that the one, for his annual salary, received
as much as eight thousand pounds of tobacco; and the
other as much as three thousand; whilst the wages of
the common soldier amounted to two thousand pounds.
But every member of the troop, from the highest to the
lowest, was expected to supply himself, at his own
expense, with a horse, arms, ammunition, victual, and
other necessaries.^

An Act passed in 1684 renewed the main provisions of
the previous measure. The number of Rangers in each
corps, however, was to be larger; each was to contain
thirty men instead of twenty; and should sufficient
volunteers not offer to make up the necessary force,
the captain, by a warrant from the Governor, was
authorized to impress as many members of the militia
as should be wanted to complete the body. The
commanders-in-chief of the counties furnishing these
soldiers were to recommend whatever person belonging
to the troop they should think the fittest to receive the
lieutenantship ; and in the captain's absence, this
person was to succeed to that officer's place. Every
member of the company being still required to supply
his own horse and general equipment, the captain's
annual salary was fixed at ten thousand pounds of
tobacco, and the lieutenant's and each private soldier's
at five and three thousand respectively. Once a week,
instead of once a fortnight as formerly, the captain was
to cause his men to assemble at the rendezvous for the
purpose of making a tour of the country assigned to
them to scour. In order to facilitate their passage of
the great streams in the course of this tour, a boat was
ordered to be placed at a convenient point on each of

' Hening's Statutes, vol. ii., p. 498. This Act was renewed in
1683; see Colonial Entry Book, 16S0-95, p. 166.

ii8 The Military System

the most important rivers flowing through the country
they were obliged to patrol, such as the James, the
Pamunkey, the Rappahannock, and the Occaquan.^
Before two years had passed, it was concluded that
the Colony's revenues did not justify the maintenance
of the different corps of Rangers. The annual expendi-
ture on their account was estimated to have amounted
to at least five hundred thousand pounds of tobacco,- —
which represented about thirty-one hundred pounds
sterling, with a purchasing power of sixty thousand
dollars in modem currency. But the usefulness of
the Rangers was, after their disbandment, only too
clearly perceived whenever there was a prospect of
war with the Indian tribes; under these circumstances,
the plan was soon adopted of organizing a small body
of light horsemen for special service. This occurred in
1690, at which time apprehension of a French and
Indian invasion prevailed. The Governor, acting under
the authority of a law recently passed, gave orders to
the commanders of the militia belonging to the counties
situated near the upper waters of the four great rivers,
to enlist eleven troopers in each of those regions, each
of these corps to be placed under the command of a
lieutenant suggested by the member of the Governor's
Council residing in the part of the Colony where that
particular corps had been raised. It was the duty of
these small bodies of troops to pass from river to river
in their respective districts not less than once a week;
and if occasion demanded it, even more frequently.

' Hening's Statutes, vol. iii., p. 17. Capt. William Soane com-
manded the Henrico County Rangers in 1685 ; see his claim to com-
pensation for the loss of a horse in the service; Henrico County
Records, vol. 1 682-1 701, p. 118, Va. St. Libr.

2 Hening's Statutes, vol. iii., p. 38; Colonial Entry Book, 1682-95,
p. 182.

Indian Wars : Rangers 119

As soon as they should, observe the enemy's approach,
they were to inform the nearest officer of miUtia; he
in his turn was to inform the commander-in-chief of
the county; and the commander, the Governor. In the
meanwhile, all the forces in that immediate division of
country were to be put in motion to stop the enemy's
advance. In order that there might never be delay,
a certain section of the militia were always held in
readiness to co-operate with the Rangers on a minute's
notice; and two Indian scouts were also attached to
each corps of the latter. 1

These small bodies of men were also employed dur-
ing a part of 1691, in scouring the same regions. 2
The Council gave orders that, from November 15th
to March ist, they should remain disbanded, on- the
ground that it was contrary to the habits of the
Indians in this division of America to make an in-
cursion during the winter season, and that some
relief to the taxpayers would be created by remov-
ing, for that length of time, the burden of maintain-
ing the Rangers. 2 It was, however, soon found that

' B. T. Va., 1690, No. 11; Orders of Council, March 7, 1690,
Colonial Entry Book, 1680-95. The wage of the Indian scouts
consisted of eight yards of duffield cloth, two barrels of Indian corn,
and a horse and saddle apiece. The following is from the Henrico
County Records under dateof 1691: " Lieut. Giles Webb for himself
and two Indians in part, 1 105 lbs; to ye owners of ye Indians' horses
each 778 lbs. ; to eleven soldiers each, 352 lbs. ; equal to 3 8 7 2 lbs. "

2 Minutes of Assembly, April 5, 1692, Colonial Entry Book,
1682-95. When "uie General Assembly convened in 1691, it ap-
proved the action of the Governor with reference to the Rangers,
and empowered him to continue them as long as he should deem
it advisable. That body also gave orders that a road should be
built from a point above the last settlement on James River to a
point on Rappahannock River, also above the settlements ; see
Hening's Statutes, vol. iii., pp. 82-5.

3 Orders of Council, Oct. 27, 1691, Colonial Entry Book, 1680-95.

120 The Military System

the savages were not inclined to linger in their own
towns until the spring had opened; in December,
serious depredations were committed by them in
Stafford county, although the weather was unusually
severe. The Potomac Rangers, having been ordered
to go in pursuit, soon came upon the track of the
marauders; and following them up rapidly, captured
the whole number at a point situated thirty miles
beyond the last plantation.^

An Act passed in 1692 continued the same bodies of
men in service; and this measure was renewed in 1693
and 1695. The Governor and Council, by the provision
of these laws, were impowered to organize a super-
numerary troop for co-operation with each of the bands
of Rangers. The officers of this additional force were
to be paid large salaries in consideration of their supply-
ing themselves, at their own expense, with horses,
arms, ammunition, food, and whatever else was re-
quired. 2 The cost of supporting so large a number of
soldiers did not now fall entirely on the taxpayers of
the Colony; had it done so, the General Assembly would
not have left it in the discretion of the Governor and
Council to raise and disband the several corps. The
import duty on liquors, at this time, brought in an
annual revenue of one thousand pounds sterling ; and
this large sum could now be appropriated for military'
purposes.^ Under the authority granted them, the

» Orders of Covin cil, Oct. 27, Dec. 8, 1691, Colonial Entry Book,
1680-95. The Indians were escorted to Jamestown. They do
not seem to have gone beyond acts of robbery and destruction of
property.

2 Hening's Statutes, vol. iii., p. 98.

' B. T. Va., 1692, No. 118. The charge on the taxpayers, how-
ever, was always considerable. The following is from the Henrico
Records; see Public Levy, Oct. 5, 1693:

Indian Wars : Rangers 121

Governor and Council, in 1694, increased the band of
Rangers assigned to the region of the upper waters of
the Potomac ; and also the one engaged in patrolling the
country lying on the upper waters of the James. About
eighteen new men were added to each corps because
Colonel Richard Lee had reported the presence of
strange Indians on the Potomac frontier, where they
had inflicted already considerable damage.^ Four
years later, there being no reason to anticipate an
Indian attack, and the winter being close at hand,
the Rangers were again disbanded, but apparently
only for a time. 2

It is probable that much less difficulty was found in
securing volunteers to serve as Rangers than as mem-
bers of the stationary garrisons; for the life led by
the former appealed far more strongly to the taste
of the young Virginian of that day than the life led by
the latter. The Rangers were always on horseback and
in motion; and though required to patrol a particular
division of the frontier, were never bound to hark
back to one spot. The freedom, the freshness, the
remoteness of the primaeval woods was all theirs.
Passing day after day through the intricacies of the
pathless forests, — which were now clothed in the thick
foliage of spring and summer, or now stripped naked
by the winds of the late autumn and winter, — they

" To ye owners of ye two horses for the Indians . 1556 lbs. of tob.

To their pay 1189 " " tobo.

To ye Lieut, and 1 1 soldiers head of James River 3447

The levy in Lancaster County, Dec. 14, 1693, for the same pur-
pose amounted to 7375 pounds of tobacco; the levy in Lower Nor-
folk to 2000 lbs. ; in York to 4270; and in Potomac to 3375.

1 Minutes of Council, June 13, 1694, Colonial Entry Book, 1680-
1695.

2 Minutes of Council, Oct. 28, 1698, B. T. Va., vol. liii.

122 The Military System

were always changing their surroundings, and thus
evaded the monotony of scene and occupation that
must have rendered so stagnant the ordinary existence
of the soldiers belonging to the garrisons. Apart from
the possibility of encountering the savages as they
advanced from hill to hill and valley to valley, under
that vast roof of green leaves or bare limbs, they were
constantly starting up game, which afforded both sport
for the moment and food for the daily meal. The
bear, the deer, the wild turkey, the pheasant, — they
must have hourly crossed the paths of these wandering
guardsmen ; and it required the motion of a second only
to unsling the carbine and empty its contents into the
fleeing quarry. Such a company, mounted on their
spirited plantation horses, and dressed in the buckskin
costume of the frontier as that best adapted to stand
hard wear, must have presented a remarkable spectacle
as they moved along through those remote scenes;
there was a romantic wildness about their situation, a
silent grandeur in their surroundings, independently of
the mere picture formed by their own procession, which
must at times have impressed the dullest mind among
them. And at night, as they, having picketed their
horses, gathered in the bivouac and sat or reclined in
the half light of their fire, with that vast and impene-
trable darkness rising like a wall in the background,
and with those mysterious sounds of nocturnal insects,
birds, and animals, and moaning tree tops, breaking
the silence whenever their own voices sank low or
ceased entirely, the scene could hardly have failed to
strike even them, though accustomed to its repetition
once every twenty-four hours.

CHAPTER X

Foreign Invasion : Early Forts

NOT all the measures adopted for the Colony's
protection were designed to raise a strong bar-
rier against Indian incursions; the steps taken
to guard against foreign invasion from the direction of
the sea were even more careful and elaborate. This
was especially true of the forts erected at certain
eligible points along the edge of the lower tidewater,
which, in spite of numerous defects springing from
inadequate materials and poor workmanship, were
very much superior as mere fortifications, whether in
the skill shown in their construction, or in elements of
peiTnanency, to that series of stockaded forts and
palisaded houses which had, from time to time, been
built at the heads of all the principal streams, from the
Nansemond in the south to the Potomac in the north.
The first fort raised in Virginia by the English
settlers was erected at Jamestown not long after the
Colony was founded at that place. In the beginning,
it was of the rudest and most perishable design, for it
was formed simply by casting together the limbs of trees
in the shape of a half moon. The work was done with
extraordinary pains, but nevertheless in haste as a
means of protection should an attack be made by the
Indians from the direction of the land, or by the Span-
iards from the direction of the river. The construction

123

124 The Military System

of the fort was under the supervision of Captain Ken-
dall. 1 An assault by the savages proved that a stronger
fortification was needed. The new structure was in
the shape of a triangle, with the base, which was four
hundred and twenty feet in length, resting on the stream,
and with each side running back three hundred feet in
length. A watch tower was situated at each angle;
and on the top of each of these "bulwarks," as they
were designated, pieces of ordnance were mounted in
such a manner as to command the approaches from
that quarter. This ordnance consisted in part of
culverins, and in part of demi-culverins. Sometimes,
they seem to have been loaded with stones, which were as
well calculated to frighten the Indians as iron shot when
hurled through the branches of the forest over their
heads. The principal gunner of this fortification at
first was probably Robert Tindall, who, before coming
out to Virginia, had served in that capacity to Prince
Henry. 2

When Smith became President of the Colony, he
seems to have changed the shape of the fort from one
of three to one of five sides. ^ With his usual practical
sagacity, he determined not to rely upon this fortifi-
cation alone as a means of protection should a foreign

' Works of Captain John Smith, vol. i., p. 151, Richmond edition.

2 Percy's Narrative, p. Ixx., Works of Captain John Smith, Arber's
edition; see also Works, vol. i., p. 163, Richmond edition; Tyler's
Cradle of the Republic, p. 70; Brown's First Republic, p. 129;
Brown's Genesis of the United States, vol. i., p. 108.

3 Works of Captain John Smith, vol. i., p. 192, Richmond edition.
In his account of the site of Old Jamestown, one of the most re-
markable contributions made in recent years to the study of the
history of Virginia, Mr. S. H. Yonge suggests that the expression
used by Smith should be considered as applying to the form of
the town after its enlargement; see Va. Maga. of Hist, and Biog.,
vol. xi., p. 275.

Foreign Invasion : Early Forts 125

enemy press so far up the James, — he also built a second
fort " near a convenient river upon a high commanding
hill" as a place to which the English might retreat
should they be compelled to abandon Jamestown by
the superior forces and weapons of an invading foe.^
When Smith returned to England, the colonists were
in possession of twenty-four pieces of heavy ordnance,
an ample number for the defence of every fortification
they had erected. 2 In order to protect Jamestown on
the side on which it was still open to attack, a block-
house was built at a point where it would command
the principal approach from the mainland; a second
blockhouse was erected after Dale's arrival in 161 1 ; and
a third before the Company's charter was revoked in
1624.^

Under the regulations enforced by Dale, the sanitary
condition of the fort at Jamestown was carefully looked
after. No one was permitted to wash soiled linen in
the street of the town, or throw dirty water out of
their doors or windows, or to rinse a foul kettle or pan
near the well, for fear lest the air circulating within the
fortification's confines might become contaminated,
and the health of those in charge seriously aff:ected.*
Such regard for hygienic laws was extraordinary in
these early times, and indicates the minute thought-
fulness of the general rules adopted by Dale for the
physical well-being of the colonists.

> Works of Captain John Smith, vol. i., p. 227, Richmond edition.
This fort, it seems, was never quite finished. A curious stone house
stood until recent years on a plot of high ground near the lower
Chickahominy River, and this is supposed to have been the fort
referred to in the text; see Howe's Virginia.

2 Works of Captain John Smith, vol. i., p. 240, Richmond edition.

3 Tyler's Cradle of the Republic, p. 100.

* Divine and Martial Laws, p. 1 5, Force's Historical Tracts, vol. iii.

126 The Military System

The second fort fronting on tide-water erected in
Virginia was situated at the modem Point Comfort
near the mouth of the James. This fortification, known
at first as Fort Algernon, was a mere earthwork un-
supported by either stone or brick. In 1611, it seems
to have consisted of a stout stockade standing probably
within a line of earthen walls ; at this time, it contained
seven pieces of heavy ordnance and several of lighter
weight, while its garrison numbered forty persons,
armed with arquebuses, and commanded by Captain
John Davis. ^ This spot was selected as the site of a for-
tification because the river's channel here, in spite of the
stream's great width, was so narrow that it was possible
for the smallest cannon to project a missile in full force
across it. As all vessels bound up the James were com-
pelled to pass by way of this channel very near to the
shore, it was supposed that a fort here could easily stop
the further progress of a hostile ship. Such a fort was
more important at first because, in the beginning, the
several settlements were planted on the James River.
Fortress Monroe is to-day, of all the fortifications of
English origin on the American continent, the most
ancient ; the continuity of its history is almost unbroken
owing to the existence, throughout three hundred
years, of the same fact, namely, the contracted area
of deep water at this point; and this condition will
continue to make the presence of a fort on this spot
advisable unless the character of modem warfare
undergoes an extraordinary change.

' Report on Voyage to Virginia, Brown's Genesis of the United
States, vol. ii., pp. 516, 519. This fort saluted Dale on his arrival
in 1611 ; see Dale's Letter to Council, printed in Brown's Genesis of
the United States, vol. i., p. 489. After George Percy's departure
from the Colony, the name "Algernon " given in honor of the Percy
family, was discontinued; see Brown's First Republic, p. 190.

Foreign Invasion: Early Forts 127

When De la Warr, on his arrival in Virginia, assumed
the duties of the Governorship, he gave orders for the
erection of two forts on the Southampton River at
Kikotan. The sites chosen for them were on opposite
sides of the stream, and only a musket shot apart. One
of the objects designed in their building seems to have
been to afford to newcomers from England a place
where they might safely rest and refresh themselves
after the fatigues and anxieties of a long ocean voyage.
The forts, which were named in honor of Princes Henry
and Charles, were defended by artillery. In their
immediate vicinity, there was found a wide area of
fertile cornland, originally the fields cultivated by the
Indians; and the whole surrounding country abounded
in deer, fish, wild fowl, and fruits, — indeed, so over-
flowing was it in all forms of natural products suitable
for food, that the men belonging to the garrisons of the
two posts received from the public store only one half
of what was allowed in other places.^

De la Warr, during his brief sojourn in Virginia,
gave orders that a third fort should be built at the Falls
of the James, the head of tide-water in that stream.

' Works of Captain John Smith, vol. ii., p. 6, Richmond edition.
Report on Voyage to Virginia, Brown's Genesis of the United States,
vol. i., p. 519; Hamor's Discourse, p. 33. The site of one of these
forts was known as "fort field" as late as 1694; see Elizabeth City
County Records, vol. 1684-99, P- 57. Va. St. Libr. The "fort
field" contained one hundred and ten acres, "one side upon John's
creek, ye other side upon a small creek coming out of Hampton
River, one parte facing on James River and soe running into ye
woods"; see same records, vol. 1684-99, P- 333. Va. St. Libr. At
least one of the forts maintained its old outlines until 1629 as the
following shows: in a deposition touching William Capps, made
November 2, 1629, Lieutenant Waters said of himself: "Being at
Capt. Purefoy's and walking in the forte, etc. " ; see British Colonial
Papers, 1629-30, No. 32.

128 The Military System

It is not probable that this fort was ever held by
a garrison; and if built at all, it is likely that it was
very frailly constructed. ^ Henricopolis, situated some
miles further down the stream near the line of the
modem Dutch Gap Canal, was so built by Dale that it
formed a strong fortification, whether attacked from the
side of the land or of the river. The whole town was
surrounded by a stout stockade, with a watch tower at
each of its four comers, where sentinels were stationed,
and several pieces of heavy ordnance mounted as at
Jamestown. 2

Before many years had passed, the only two forts
kept up were those situated at Jamestown and Point
Comfort. The fortification at the latter place con-
sisted, after Dale left the Colony, of a small earthen
fort surrounded with palisades, within which there
stood a storehouse, a second house used perhaps as a
powder magazine, and several thatched cabins occupied
by the members of the garrison. These buildings
were in time entirely destroyed by fire.^ When
Yeardley arrived in 1619, there were practically no
fortifications in Virginia capable of resisting a foreign
enemy. At Jamestown, only two demi-culverins re-
mained serviceable ; even these were mounted on rotten
carriages; and they were said to be better fitted to
batter down the houses in the town than to repulse an
approaching foe.* A few months afterwards, the
London Company was compelled to borrow four minions

1 Dela Warr's Relation, Brown's Genesis of the United States, vol.

i., p. 481-

2 Colonial Records of Virginia, State Senate Doct., Extra, 1874,

P- 75-

3 A Briefe Declaration, Colonial Records of Virginia, State

Senate Doct., Extra, 1874, p. 73.
* Ibid., p. 80.

Foreign Invasion; Early Forts 129

of the East India Company for the Colony's defence.^
The former body now showed great soHcitude as to the
restoration of the fortifications; a committee having
been appointed at one of the quarter courts in England
to recommend the measures to be adopted to bring
this about, its members held several interviews with
General Cecil, a distinguished soldier of that period,
and the name of an engineer, a Frenchman by birth,
was suggested as the person most capable of super-
vising the work; but apparently nothing further was
accomplished at the time.^

In 162 1, the Company directed Governor Wyatt to
build forts and blockhouses at the mouths of the great
rivers as a protection against a foreign enemy. ^ In-
fluenced by these instructions perhaps, Captain Samuel
Each, of the Abigail, proposed to the Company that, if
they would assure a full cargo for his vessel, both on
its outward and return voyage, he would carry over a
dozen carpenters, who, with some assistance from the
colonists, would, before the end of the year, raise a
fortification at Blunt Point, on James River, capable of
barring the passage of the stream beyond that place.
His plan was to use as the site for this fortification the
enormous banks of oyster shells lying in the water there
near the shore. The Company having accepted his
offer, promised to obtain for him the necessary work-
men; who, it was agreed, should be suppHed with food
by the people of the Colony, but, during the progress of
construction, should be lodged in Each's ship. All
the tools required, such as axes, shovels, and spades,

» Brown's First Republic, p. 299.

2 A committee was appointed in March, 1619-20. Abstracts of
Proceedings of Va. Co. of London, vol. i., p. 46.

3 Randolph MS., vol. iii., p. 161.

VOL. II-9

130 The Military System

were to be sent over from England. The Company
guaranteed an amount of freight that would assure
Each a round sum of eight hundred pounds sterling;
and should the process of building be unavoidably
continued beyond March, 1623, he was to receive one
hundred and sixty pounds sterling for every month the
task was prolonged; but this additional sum was to be
paid, not by the Company, but by the people of the
Colony, for whose protection the fort was to be erected.
The cost of the tools and instruments necessary for
the undertaking's performance was estimated at three
hundred pounds sterling; which amount was to be ad-
vanced by the Company, with the understanding that
it was to be returned after the sale of the tobacco crop
of the following year. It was calculated that the whole
outlay to be entailed by the project would fall little
short of two thousand pounds sterling, equal in pur-
chasing power at that time to fifty thousand dollars
in our present currency.

When the workmen strove to dig below the crust of
oyster shells, they found their further progress barred.
The Governor and Council seem to have inspected the
site in person to find out what means should be adopted
to overcome the obstacle; but apparently in vain; for
they soon decided that the only possible plan for
guarding the channel was to build a fort on the
mainland. As the first step toward erecting this forti-
fication, every twentieth man residing in the Colony
was compelled to contribute his services towards the
prosecution of the work; and Captain Roger Smith
was appointed to supervise their labors. Unfortu-
nately, before the fort was finished, the necessary
supplies were so nearly exhausted that it was found
impossible to maintain more " mouths than would

Foreign Invasion: Early Forts 131

suffice to keep the place." Apparently, it was never
entirely completed. ^

In the course of April, 1623, the Privy Council com-
plained to the Governor that the fortifications were not
maintained to the extent demanded by their importance
as the only means of defence against foreign invasion. 2
Butler, in his effort to ruin the Colony's reputation, as
a vent to his disappointment in not obtaining an office
there, declared that, when he visited it, there was
nothing in any of the settlements, whether at Kikotan
or at Jamestown, which could be properly described as
a fort; and that all the fortifications which had been
erected had gone wholly to decay. In their reply to
this attack made at a time when the people were still
demoralized by the Massacre, the Virginian authorities
asserted that, while no fortifications in the strict sense
of the term remained, there were several places
where heavy ordnance was still mounted, and still
capable of doing execution, should occasion demand
it; at Jamestown, for instance, there were yet intact
four great guns; at Fleur de Hundred, six; at Kikotan
and at Newport's News respectively three; at Charles
City, two; and at Henricopolis, seven. These cannons
consisted of culverins and demi-culverins ; and they had
not been seriously injured by exposure to the weather.^

The laxness undoubtedly shown at this time in keep-
ing up the fortifications raised as a defence against a
foreign attack was due in part to the Colony's poverty,

' Abstracts of Proceedings of Va. Co. of London, vol. i., p. 173;
Randolph MS., vol. iii., p. 169; Works of Captain John Smith, vol.
ii., p. 64, Richmond edition; British Colonial Papers, 1622-3, No.
22, 1624-5, No. I.

2 Colonial Entry Book, 1606-62, p. 205.

' Abstracts of Proceedings of Va. Co. of London, vol. ii., p. 178;
Neill's Va. Co. of London, p. 399.

132 The Military System

which made their maintenance a greater burden than
could be easily sustained; and in part to the sense of
security fostered by an exemption from foreign inter-
ference from the beginning of the Colony's existence.
Under this double influence, the indifference complained
of by the Privy Council had steadily grown. Then
too, there was probably a feeling that, against a really
strong foreign force, the only effective fortification
would be that barring the narrow channel at Point
Comfort. In March, 1624-5, the General Assembly,
in an address to the English Government, declared that
the most useful fort in Virginia was the one situated
at this place, but that it was a heavy charge on the
people's resources to keep even this one alone in good
condition.^ It is probable that, by this time, the
original fort at Point Comfort, with the possible ex-
ception of the earthworks thrown up in the beginning,
had disappeared; for, in May, 1626, Governor Wyatt
is found pressing upon the Privy Council's attention
the urgent need of building fortifications near the
mouths of both the York and the James, At that
point in its course, the York greatly contracted before
expanding into the broad waters of the Bay. Wyatt
declared that, to accomplish these two tasks, it would
require an annual contingent of at least two hundred
laborers to be sent out from England during a period of
several years; and that it would also be necessary to
import a number of skilful engineers to superintend
the scientific construction of the works. He also
claimed that one of the most sensible advantages to
be obtained from the erection of a palisade between
Martin's Hundred on the James to Cheskiack on the

J British Colonial Papers, 1624-5, No. 8.

Foreign Invasion : Early Forts 133

York was that, within the area thus protected, there
could, without difficulty, be raised all the draught-
animals that would be wanted to transport the materials
for the projected structures; and also the food required
by the workmen. ^ Any means of lightening the ex-
pense of building the forts, even though as fanciful as
that suggested by Wyatt, was eagerly considered by
the people. Without some assistance from the out-
side,— so the General Assembly bluntly declared in
1629, — the Colony was too poor to assume so great an
undertaking; nor is there any reason to question the
good faith and good sense of the statement. 2 It is
true that timber was easily procured, but then it had to
be carried a great distance ; and there were neither boats
of sufficient size to transport it nor oxen to haul it.
Workmen were lacking entirely, or could only be ob-
tained at ruinous wages; whilst tools could only be
acquired by purchase in England.

As late as 1629-30, William Pierce was able to assert,
no doubt with perfect accuracy, that there was then in
the Colony "no manner of fortification" against a
foreign enemy, ^ though quite probably there were
still numerous guns to be found at different places
fronting the James River. For instance, only two years
before, Abraham Pierce had, for the defence of the
Hundred bearing his name, planted not less than ten
pieces of ordnance, which were ready at a moment's
notice to fire upon an approaching enemy.* Three
years afterwards also, the General Assembly gave

« British Colonial Papers, 1626-8, No. 10.

2 Randolph MS., vol. iii., p. 213.

3 British Colonial Papers, 1629-30, No. 24; see also Works of
Captain John Smith, vol. ii., p. 259, Richmond edition.

* Robinson Transcripts, p. 54.

134 The Military System

orders for the construction of sixteen carriages, on
which it was proposed to mount that number of
guns.^

1 Hening's Statutes, vol. i., p. 143.

CHAPTER XI

Foreign Invasion : Fort at Point Comfort

after 1630

IT was not until 1629-30 that a successful effort was
made to erect fortifications in Virginia that should
prove to be permanent in their character. The
first of the new forts to be undertaken was the one built
at Point Comfort on the site of the original stockade
and earthwork. It was thought at this time that the
safety of the greater part of the Colony depended upon
the absolute mastery of the narrow channel here; and
that one strong fortification at this spot would, in the
way of defence against a foreign enemy, accomplish
more than a half dozen situated higher up the river. In
a letter addressed by Governor Harvey to the English
Government, in 1629, with a view to securing skilful
mechanics, he urged that fifty men, furnished with all
the tools, food, and clothing which they would require
for one year, should be sent to Virginia at once to begin
the construction; and that for a period of three years,
fifty workmen annually should be despatched thither
to fill all vacancies caused among the first contingent
by sickness or death. Harvey affirmed that this
fortification could be easily completed by the end of
thirty-six months; and that the whole expense to be
entailed could be made good by hiring out the work-
men as agricultural servants as soon as their labors on

135

136 The Military System

the fort should terminate; or they might be employed
in building a second fort at some point situated further
up the James. According to the estimate furnished
by Harvey at this time, there were now only about
twenty pieces of ordnance in Virginia : and these con-
sisted of culverins, demi-culverins, and sakers. He
urged the English Government to send out at least
twenty additional pieces in order that the projected
fortifications might be fully armed to resist attack;
and he declared that, if they were to possess an ample
supply of powder, it would be necessary that at least
forty barrels of this article should be despatched at
once; and that every succeeding year not less than
twenty barrels, together with a large quantity of the
other munitions of war, should be imported into the
Colony.^

Governor Harvey's recommendations seem to have
made a strong impression on the Privy Council, for,
in their reply, they instructed him to have the site of
the proposed fort surveyed, and to send this plat,
together with a model of the structure itself, to England
for examination and approval. 2 Six months after the
date of Harvey's letter, the General Assembly engaged
in a lengthy debate on the subject of the same forti-
fication, and in March, 1629-30, ended by passing an
Act providing for its early erection.^ The general
plan agreed upon was to build a fort which would afford
room for not less than twelve, nor more than sixteen,
pieces of heavy ordnance; and the hope was expressed

» British Colonial Papers, 1629-30, No. 22.

2 Ibid. Harvey sent the plat and model to England in the
course of 1630; see British Colonial Papers, 1629-30, No. 93.

5 Hening's Statutes, vol. i., pp. 144, 150; Randolph MS., vol. iii.,
p. 214.

(

Fort at Point Comfort after 1630 137

that it would be completed before the next Christnas
had rolled around. The whole cost of the undertaking,
it appears, was to be assumed by the colonists, aUhough
so little able to bear so great an expense. Tiiat they
were willing to do this was, at the time, interpreted as
a proof of how firmly rooted in their hearts was their
determination to make Virginia their permanent home. ^
Burdensome as the outlay was, the General Assembly,
no doubt, perceived that it would be impossible to
allow Point Comfort to remain unfortified without
jeopardizing the safety of all the people seated along
the James River, and . that the Colony had as well
now make the necessary sacrifices to build the fort,
since there was no real prospect that this would be
done by the English Government.

Samuel Mathews, who, as we have seen, had been
one of the two persons contracting to build the palisade
across the Peninsula, undertook alone to erect the pro-
jected fort. Before he began work, however, the site
at Point Comfort was carefully viewed by a committee
appointe.d by the General Assembly, and composed,
with orie exception, of men now taking a leading part
in thf; Colony's military affairs, namely. Captains
Robert Felgate, Thomas Purefoy, Thomas Grays,
John Uty and Thomas Willoughby, Lieutenant William
Pen.-y and Mr. Thomas Heyrick. It was also left to
thcYn to choose the model for the proposed fortification,
an(i to arrange with Mathews the terms of his remu-
neration. 2 Mathews must have proceeded with great
expedition, for by the end of February, 163 1-2, the
W(Drk had been completed. So little did he spare his

} British Colonial Papers, 1629-30, No. 95.

' Hening's Statutes, vol. i., p. 150; British Colonial Papers, 1629-
30, No. 93.

138 The Military System

own means in pushing it forward, that he sank a large
part of his private estate in carrying through his con-
tract ; and so well known was this fact that the Assembly
urged the Privy Council, as a way of reimbursing him,
to confer on him the whole of the customs that, in the
future, would be collected at Point Comfort. ^

The General Assembly adopted almost immediately
the various measures necessary for the preservation and
maintenance of the fort. All ships making up the James
were ordered to deliver \n the chief officer in charge of
the fortification one barrel of powder and ten shot for
every one hundred tons in ti\eir total tonnage^; this
provision was renewed the same year; but an Act
passed twelve months later required the payment by
such ships of only one quarter of a pound of powder,
and a proportionate quantity of shot, for every ton
embraced in the burden of each vessel."- These laws
seemed to assure an ample supply of ammunition. A
fund for keeping the fort in good condition wls obtained
by imposing on every person arriving at Point Com-
fort, and on every tithable belonging to his hmily, a
tax of sixty-four pounds of tobacco, to be paia just as
soon as he had, after purchasing or patenting a plan-
tation, produced one crop.*

The first officer to be placed in command of tht fort
at Point Comfort was Francis Pott, a brother of the
Governor bearing the same name. But he was soon

> Randolph MS., vol. iii., p. 219.

2 Ibid., p. 218, Acts of March, 1631-2. A Proclamation by
Harvey, dated Sept., 1632, refers to the fort at Point Comfcrt;
see Hening's Statutes, vol. i., p. 191.

3 Randolph MS., vol. iii., p. 223.

* Hening's Statutes, vol. i., p. 222. The newcomer, howevjr,
was exempted from this tax if he did not cultivate tobacco ,he
first year after his arrival.

Fort at Point Comfort after 1630 139

deprived of the position by Harvey on a pretended
charge of misbehavior; returning to England, he was
thrown into the Fleet prison, where, for nearly a year,
he languished in constant danger of the plague, which
had found its way in among the wretched inmates.^
Francis Hook, who was as much a partisan of Harvey
as Pott had been an opponent, followed next; but he
seems to have managed the affairs of the fort so badly
that, at his death, the magazine did not contain enough
powder to afford a load to discharge over his grave.
This was due in part to the fact that he had loaned the
fort's entire stock to Lieutenant Upton, of Isle of Wight
county, to enable the latter's company to repel an
Indian invasion. 2 His memory, however, was not left
unhonored by a mournful salute: one hundred pounds
of powder were lent by Captain Thomas Willoughby
to be expended in this manner by the garrison on the
occasion of the interment.^

Hook was followed by Capt. Christopher Wormeley,
who owed his appointment to Harvey, since the
Governor of the Colony had the right to fill temporarily
such a vacancy when caused by death. Wormeley,
during the first year of his incumbency, found it im-
possible to obtain a large supply of powder, as the
commanders of the different vessels touching at Point
Comfort asserted that they had already paid their
quota to his predecessor; and the amount which he did

> Captain Pott was charged with abetting Harvey's deposition;
see British Colonial Papers, 1634-5, Nos. 74, 91; 1636-38, No. 12.

2 British Colonial Papers, 1639-43, No. 5. In recommending
Hook, who had opposed Claiborne in the Kent Island troubles,
Harvey declared that he was well known to the Lord Treasurer,
and to most of the members of the Privy Council; see British
Colonial Papers, 1634-5, No. 54; also No. 74.

^ Robinson Transcripts, p. 14.

I40 The Military System

obtain was so poor in quality that it hardly served to
fire a salute as each ship took its departure, the
custom prevailing at this time. When Captain Richard
Morryson arrived with a commission from the King to
supersede Wormeley, he found only sixteen pounds of
powder in the magazine. ^ The fort had now fallen
into decay.

The question arose as to how the means were to be
obtained for making the necessary repairs. Before
Captain Hook's death, a register of the passengers
arriving at Point Comfort was carefully kept, and the
ships bringing them in were charged at the rate of
sixpence for the entrance of each person's name and
the administration to each of the oaths of allegiance
and supremacy. The design of this tax, as of the tax
of sixty-four pounds of tobacco to be paid out of his
first tobacco crop by each newcomer for every tithable
in his employment, was to assure a fund for the fortifi-
cation's restoration from time to time; but themerchants
introducing new settlers and indentured servants raised
such a clamor against this impost, small as it was,
that it was soon suspended by the action of the Privy
Council in England. ^ How great was the need for a
permanent fund of some kind to keep the fort in a
state of repair was shown by the fact that, in March,
1639-40, the General Assembly was forced to lay a
general levy of two pounds of tobacco per poll in order
to build what was in reality a new fort at Point Comfort^ ;

> See Letter of Governor Harvey and Council, British Colonial
Papers, 1639-43, No. 5.

2 British Colonial Papers, 1639-43, No. 11.

3 Randolph MS., vol. iii., p. 230; Hening's Statutes, vol. i., p. 226.
Sometime previous to 1638, Harvey was authorized to levy a
general tax for the same purpose, and steps seem to have been
taken to send Menefie to England in order to obtain the skilled

Fort at Point Comfort after 1630 141

and in order also to secure the requisite quantity of
powder and shot, the former law compelling every
shipmaster arriving there to deliver to the chief officer
an amount of those materials proportionate to his
vessel's tonnage, was again enacted. ^

Every ship passing Point Comfort on its way up the
James was required to cast anchor within the range of
the fortification's guns. As soon as it stopped, the
commander of the post went on board to collect the
duty. In that remote spot, the arrival of every vessel
from England must have been a pleasant break in the
monotony of existence; and no doubt the reception
given the different sea-captains was not altogether
formal, as they brought the latest news from the Mother
Country, and not improbably some gift of highly
acceptable supplies for the officers of the fort itself.
But there were times when the commander had trouble
with the captain of some one of these ships. In 16 70-1
such an instance occurred; the captain of a vessel just
arrived was asked to pay the usual duty, but declined
positively to do so; he was arrested; and when ordered
to go on shore, not only refused, but, heaping terms
of abuse on the officer, expressed the utmost contempt
for his authority. In the end, having been forced to
appear before the General Court, he was sentenced to
pay a fine of thirty pounds sterling, one half of which
was for the King's use, the other half for the use of the
captain of the fort. 2

workmen required; see British Colonial Papers, 1636-8, No. 97.
The captain of the fort in 1633 was paid 2000 lbs. of tobacco per
annum, and in addition, ten bushels of com; the gunner 1000 lbs.
of tobacco, and six bushels of com; and the drummer the same;
Hening's Statutes, vol. i., p. 222.

' Robinson Transcripts, pp. 330-1.

2 Ibid., pp. 29-30.

142 The Military System

The office of commander was not without its draw-
backs on account of the insalubrious situation of the
Fort. When Captain Morryson, in 1641, obtained
permission to visit England, his principal object, it
would seem, was to secure medicines for the restoration
of his health, affected quite probably by the malarial
atmosphere of the surrounding country. He entered in-
to a bond to return by the first ship sailing for Virginia ;
in the interval, the deputy, whom he was authorized
by his commission to appoint, was to perform the duties
of the place. 1 Berkeley, recently nominated to the
Governorship, reached the Colony about this time, and
among his instructions was one requiring him to see
that at least ten guards were maintained at Point Com-
fort, and that the commander of the post received a
proper salary; but this officer apparently had no
reason to complain on this account, for a general tax
seems to have been levied for his support. The to-
bacco paid in for his benefit was always to be delivered
in a condition for immediate shipment. 2 From time
to time, special grants of income were made him; in
1645, for instance, the General Assembly bestowed on
him the whole amount of uncollected rents and quit-
rents which had accrued from certain leased lands sit-
uated in Northampton county. As it was particularly
designed in this case to reward Captain Morryson, the
payment was limited to his continuance in office.'^
Nor were the guards under his command devoid of
special privileges; by Act of Assembly, they were

> Robinson Transcripts, p. 26. Francis Morryson, a brother
of Richard, was in command in 1641.

2 See Lower Norfolk County Records, Orders Sept. 6, 1641.
Instructions to Berkeley will be found in Colonial Entry Book,
1606-62, p. 225.

3 Hening's Statutes, vol. i., p. 322.

Fort at Point Comfort after 1630 143

exempted from the legal process of distress^ ; and they
seem also to have received very satisfactory wages.

The commission granted to Berkeley in 1650 by
Charles II., at that time residing at Breda, impowered
him to erect in Virginia " castles, forts, and places
defensible." These fortifications, which were to be
constructed "of lime and stone and other materials,"
were to be built with walls, bulwarks, battlements, and
loop-holes. 2 One of the most memorable concessions
made to the colonists in the terms of the surrender to
Parliament in 165 1 was that, whilst they themselves
should be at liberty to erect forts and maintain garri-
sons, the English Government should not possess the
right to do this in Virginia without its inhabitants'
consent. 2 The fort at Point Comfort, however, con-
tinued for some years yet to be the only real fortification
situated in the Colony designed for defence against a
foreign enemy; and all the Acts passed about this time
touching fortifications of that character related appar-
ently without exception to this one. It was provided,
in 1654, that every ship arriving at Point Comfort
should drop anchor and fold its sails at once ; and that
the captain of the vessel should at the earliest moment
repair to the commander of the fort in order to deliver
a list of the passengers on board, to pay the customs
and castle duties, and it would seem, also, to take an
oath that he would obey the laws of Virginia during
his stay there. ^ The only vessel not subject to the
castle duties was one owned exclusively by persons
residing in the Colony.^

1 Robinson Transcripts, p. 241.

2 Colonial Entry Book, 1606-62, p. 246.

3 Randolph MS., vol. iii., p. 243.
* Ibid., p. 260.

5 Ibid., p. 265.

144 The Military System

So important was the collection of the castle duties
at Point Comfort thought to be that all who refused to
pay them were liable to an attachment of their personal
estates.^ These duties were, in 1660, granted to Gover-
nor Berkeley for his private benefit; but, the following
year, were restored to Colonel Francis Morryson, now
in command of the fort, to whom, as the General
Assembly declared, they "rightly belonged" through
the gift of the King. 2 Morryson, who had probably
been displaced during the Puritan Supremacy, had
again been nominated to his former position. The
owners of the ships trading with the Colony now made
a determined effort to have the castle duties abolished
altogether, on the ground that there was no fortifica-
tion there which assured protection to vessels; but this
petition, instead of proving successful in its main
object, only influenced the Privy Council to give in-
structions that these duties should be paid, not as then
was done, in goods or coin to the amount of twelve
pence for every ton of freight, but in powder and shot
as at an earlier period. ^ In some parts of Virginia at
this time, an export tax of three pennies a hogshead
was imposed under the name of a fort duty.^ But in
spite of all these castle charges, whether levied in the
form of money on imported merchandise or exported
tobacco, or in the form of ammunition alone, the fort
at Point Comfort remained, as the merchants had
asserted, incapable of resisting a really powerful enemy.
This was shown by the action of the authorities in 1665,
when hostilities broke out between the English and

' Randolph MS., vol. iii., p. 253.

2 Hening's Statutes, vol. ii., p. 134; Robinson Transcripts, p. 244.

3 British Colonial Papers, vol. xvi., No. 93.

4 Hening's Statutes, vol. ii., p. 23.

Fort at Point Comfort after 1630 145

Dutch nations, — so soon as news of that event reached
the Colony, the Governor and Council hastily issued an
order requiring Colonel Miles Cary, who seems to have
been in command during Morry son's absence in England,
to impress men and vessels to assure the prompt trans-
portation to Jamestown of all the ordnance at that time
mounted at Point Comfort.^

The Colony now spread over such a wide area of
country that the fortification at that place, even if it
had been capable of stopping the further progress of hos-
tile ships making their way up James River, would have
afforded no protection at all to the plantations situated
along the York, Rappahannock, and Potomac. Never-
theless, not even yet did the General Assembly think
the people could bear the expense of erecting the addi-
tional forts needed for the defence of those settlements.
In 1665, however, the Governor was impowered by that
body to build a second fort apparently somewhere with-
in the confines of Jamestown; in order to accomplish
this, he was authorized to impress all the mechanics
and common laborers whom he would require ; and also
to enter upon any man's land and cut down whatever
timber would be wanted, provided that he paid at the
rate of sixpence for each tree. Every person belonging
to the trained bands of James City and Surry counties
was directed to contribute his services during at least
six days towards the completion of the work; and
Captain William Bassett was employed, at a remuner-
ation of ten thousand pounds of tobacco, to supervise
the whole undertaking. It was proposed that the
garrison of the fort as soon as finished should consist of
the guard attending the Governor at the regular meet-

1 Va. Maga. of Hist, and Biog., vol. v., p. 22; Robinson Tran-
scripts, p. 177.

VOL. II. 10

146 The Military System

ings of the General Court; and that the Captain of that
guard should be appointed to the position of Command-
ant. By these means it was expected that the cost of
maintaining the fortification would be greatly reduced.*
Either the English authorities did not consider the
plan to build a new fortification at Jamestown advisable,
or that plan had not been reported to them when, in the
course of the same year, they sent instructions to the
Governor and Council to restore the fort at Point Com-
fort to its former state of repair, which, no doubt, was
intended to include the return of the ordnance removed
during the recent war. Berkeley, with evident re-
luctance, was thus forced to abandon the project of
strengthening the defences of Jamestown. " We had
already designed," he wrote to Arlington in July, 1666,
"a fort at Jamestown in the centre and heart of the
country, but commanded so positively, we durst not
disobey to erect a fort in the extremities of the pro\'-
ince," 2 Thomas Ludwell, at a later date, was far
more outspoken in his opposition; he declared that the
fort at Point Comfort would require at least forty
soldiers, in addition to officers, to man it properly;
that the country surrounding it was so barren that the
garrison could not produce their own bread by culti-
vating it; that the water was brackish; and that, how-
ever strong the fortification there might be made, it
would alTord no protection against foreign invasion

• Hening's Statutes, vol. ii., p. 220. It would appear from a letter
of Berkeley, dated August i, 1665, that the building of other forts
was under consideration : "We want great guns for the forts we are
erecting, but dare not at this time of exigency to beg them of his
Majesty, but will supply them the best we can out of the merchant
ships"; British Colonial Papers, vol. xix., No. 85.

2 British Colonial Papers, vol. xx., No. 117; see also Robinson
Transcripts, p. 251 ; British Colonial Papers, vol. xx., No. 125, 125, i.

Fort at Point Comfort after 1630 147

to the inhabitants of those parts of the Colony lying on
the other rivers.^

Such objections having made no impression on the
English Government, the Governor and Council were
compelled to take active steps to carry out its command.
An entirely new fort appears to have been designed.
In order to build it, one hundred and five men, with the
necessary number of tools and quantity of provisions,
were impressed in the neighboring counties of Nanse-
mond, Lower Norfolk, Warwick, and Elizabeth City ; and
for their accommodation, a house, forty feet in length
and twenty in width, was erected at the Point. ^ Long
before the main structure of the fort had been carried
very far in process of building, it was decided to mount
eight long guns; Colonel Yeo was employed to do this;
and he was impowered to enlist the services of as many
men as he would require. Among these guns were
several formerly belonging to the frigate Elizabeth,
which had recently been destroyed by a Dutch fire-
ship. Goring Dunbar was placed in charge of the
ordnance. 2

By the King's order, all the duties to be paid by the
incoming ships in the future, as well as the arrears
remaining uncollected, were to be used in meeting the

> British Colonial Papers, vol. xxi., No. 64.

2 Orders March 29, 1666, Va. Maga. of Hist, and Biog., vol. v.,
p. 27. Capt. Thomas Gary was appointed superintendent of the
work; Randolph MS., vol. iii., p. 304.

5 Robinson Transcripts, pp. 120-1. The guns from the burnt
frigate soon proved useless, no doubt, from the damage received in
the fire; see Letter of Thomas Ludwell to Arlington, British Colonial
Papers, vol. xxiv., No. 65. Of the fourteen mounted in 1667, the
majority had been lying in "salt sand" for thirty years; see British
Colonial Papers for June, 1667, No. 61. "Goring" Dunbar was
probably the same person as "Gawin" Dunbar, who served as
gunner at a later date.

148 The Military System

heavy expense of building the fort.^ It was estimated
that, in a favorable year, the duties alone would swell
to as large a sum as three hundred pounds sterling; but,
as a rule, the amount was very much smaller than this.^
It required, however, much greater resources to com-
plete the fortification, owing to certain obstacles to be
overcome: first, in consequence of the instability re-
sulting from a subsoil of loose sand, only timber could
be used, and this could only be obtained by floating it
down the river in rafts, which were liable to heavy loss
by their frequent rupture through the action of wind
and wave; secondly, even after the timber had been
securely drawn on shore, it was only at a great cost that
it could be laid in such a manner as to create a perfectly
firm foundation. No brick or stone could be used, as
the weight of such material demanded the support of
piles, for driving which the Colony afforded no facilities.
In June, 1667, it was estimated that at least sixty
thousand pounds of tobacco had been spent in building
the fort; and it was calculated that it would require
double that sum to finish it, should the original design
be carried out of allowing room for fourteen guns.

The structure was never finished. In explanation of
this fact. Secretary Ludwell, writing to Arlington,
stated that the physical obstacles to be overcome were
not to be surmounted, but even if they could be, the
expense of building would be insupportable. ^ The
Governor and Council, who had been so submissive to
the English Government's instructions the year before,

1 Randolph MS., vol. iii., p. 303.

2 British Colonial Papers, vol. xxi., No. 14.

3 See letter of Thomas Ludwell to Arlington dated February 12,
1666-7, British Colonial Papers, vol. xxi., No. i8. See also for
details in text, British Colonial Papers for June, 1667, No. 61.

Fort at Point Comfort after 1630 149

also frankly declared, in a communication to that
Government, that, even if a strong fortification could be
erected at Point Comfort, the other rivers of the Colony
would remain unprotected.^ The General Assembly,
already disposed to be very yielding to Berkeley's
wishes, now eagerly sustained him; they asserted that,
in attempting to complete the fort, great difficulty in
procuring materials for its further construction was
certain to arise; that should it be finished, it would be
hard to secure the necessary number of guards ; and that
a hostile ship might easily, with a favorable wind and
tide, run by it without being the target for more than
a couple of shots. Having once passed, such a ship
might, at its leisure, prey upon the merchantmen ly-
ing in the upper waters of the James River as well as
spread havoc among the adjacent plantations.

« British Colonial Papers for June, 1667, No. 6i.

CHAPTER XII

Foreign Invasion : Later Forts

THE General Asembly soon decided that the Colony
was sufficiently prosperous to erect the numerous
fortifications so long needed for the country's
defence against foreign invasion. It was determined
to build at least five forts, each to be situated at a place
where, even if it would not bar the passage of the
enemy's vessels, it would at least under its gims afford
a shelter for English ships. One fort was to be erected
at Tindall's Point on the York River; the second at
Corotoman on the Rappahannock; the third at Yeo-
comico on the Potomac ; the fourth at some point to be
selected on the James; and the fifth at an eligible spot
on the Nansemond. Each of these forts was to be con-
structed by the group of counties to which it belonged
more immediately; and the undertaking was to be
carried through under the general supervision of a
commission appointed by the county courts, ^ and hav-

1 "Whereas at an Assembly held at James City, Sept. 23, 1667,
it was enacted that the county courts of the respective and several
associations in Virginia should be impowered to convene and make
choice of such commissioners as they should think fit to entrust
for the carrying on and erecting of forts for the safety of the coun-
try, and the Commissioners of York this day meeting and taking
in their serious consideration the great abilities required in any
trust committed to said commissioners, have, in obedience to
said Act, made choice of Col. Nathaniel Bacon and Col. George
Reade as commissioners for said county, who are thereby authorized

150

Foreign Invasion: Later Forts 151

ing the right to choose special overseers and to bestow
on them the power to impress all the men and appropri-
ate all the materials they would require. It was
provided that the walls of each of these forts should be
raised to a height of ten feet ; and that they should have
a thickness of at least ten in those parts facing the
river and shipping. Each fort too was to be spacious
enough to accommodate not less than eight pieces of
heavy ordnance, whilst, within its confines, sufficient
area was also to be reserved for a court of guard and a
magazine. A force of four men, in addition to a gunner,
was to be maintained in each fort during times of peace ;
and the expense of this small permanent establishment
was to be met by the imposition of castle duties and by
assessments in the ordinary county levies. On the
first cause for alarm arising, the guard was to summon
reinforcements from the nearest body of militia.^

The General Assembly, now acting on its own re-
sponsibility, determined not to complete what remained
of the fort at Point Comfort. This decision was reached
after a special committee, which had made a personal
inspection of that fortification, had reported that a fort
at this place could only be erected and maintained by
an extraordinary expenditure; that it did not really
command the channel as had long been supposed, since
there was a depth of fifteen feet to the distance of at
least one mile from the shore; and that not fifty men
capable of bearing arms resided within four miles of
the spot. Moreover, there was a dearth of wholesome
water, and the adjacent lands were infertile. The
committee, probably as a foregone conclusion, recom-

and impowered to perform all things according to ye tenour of ye
said act"; York County Records, vol. 1664-72, p. 198, Va. St. Libr.
1 Acts, 1667, Randolph MS., vol. iii., p. 308.

152 The Military System

mended that the fort for James River should be built,
not at Point Comfort, but at Jamestown.^ Berkeley
a few years later justified this decision on the additional
ground that the vicinity of Point Comfort was very
unhealthy. 2

There is some reason to question Berkeley's sincerity
in giving, either through himself, or his mouthpiece,
the General Assembly, such plausible reasons for leaving
the fort at Point Comfort to go to ruin. This was the
time when the Councillors and Burgesses together were
beginning to pursue a policy entirely submissive to the
Governor, whose personal interests were much more
likely to be protected by a fort at the capital town than
by one near the mouth of the river. The physical
obstacles to be overcome in erecting a fortification at
Point Comfort were undoubtedly greater than those to
be overcome at Jamestown, but it is doubtful whether
the one spot was more unhealthy, as to either the air
or the water, than the other. A fort at Jamestown
protected that place alone; the abandonment of the
fortification at Point Comfort threw every plantation
on the river, from Elizabeth City to the Falls, open to
foreign invasion. From the Colony's foundation, it
had been clearly recognized that the most admirable
site for a fort was at the Point ; and it was not until the
selfish spirit of the Reaction began to prevail in Virginia
that the drawbacks of a fortification on that spot were
magnified beyond their true character as an excuse for
leaving the whole river undefended except at the
one place where the Governor resided and owned
property, and the Long Assembly annually convened.^

1 Report, Sept. 26, 1667, Randolph MS., vol. iii., p. 312.

2 Hcning's Statutes, vol. ii., p. 51.

3 The obiect of most of the new forts was not so much to bar the

Foreign Invasion: Later Forts 153

By the end of 1667, the five forts which the General
Assembly had authorized were in course of erection.
The one at Jamestown was now nearly finished.^ The
manner in which the fort at Yeocomico was built, no
doubt, was common to nearly all. The regulations
relating to its construction were both numerous and
varied: first, a house forty feet in length, twenty in
width, and nine in pitch, divided into two rooms, with
two inside chimneys, was ordered to be erected for the
workmen's accommodation; secondly, these workmen,
who were not to exceed twenty-five in number at one
time, were to be obtained in succession from each of
the four parishes situated in Northumberland and
Westmoreland counties; thirdly, forty barrels of meal
and four thousand pounds of pork were to be impressed
for their support; fourthly, they were to be subject to
the supervision of at least three superintendents;
fifthly, the lines of the fortification were to be traced
by Mr. John Webber, a professional engineer, who also
was to overlook the course of building ; sixthly, the nails
and plank were to be furnished by Mr. John Lee;
seventhly, the space within the walls was to embrace
twenty-five hundred feet; and finally, the fortification,
as soon as finished, was to be supplied by purchase with
eighty demi-culverin round-shot of four-inch diameter,
twenty cross-bar shot of the same size, twenty saker

passage of hostile ships as to aflford protection within the range of
their guns to all vessels taking position there for safety. As
Jamestown was so high up the river, it did not serve this
purpose so well as a fort at a lower point would have done. It
is not improbable that Berkeley was influenced in desiring a
fort at Jamestown, instead of at Point Comfort, by the fact
that, as Commander, he would have been entitled to the castle
duties.

« British Colonial Papers, vol. xvi., No. 143.

154 The Military System

shot of three-inch diameter, and also five cross-bar shot
of the like dimension. There was to be bought, too, a
large quantity of round cross-bar and saker shot of two
and a half-inch diameter, besides a considerable number
of ordnance ladles and firelock muskets. This purchase
was to be made by Colonel Henry Muse, to whom
eight pounds sterling were to be advanced for that
purpose.^

Such were the regulations adopted by the committee
of the associated counties situated on the Potomac.
Each of the committees here and elsewhere was im-
powered to fill any vacancy in its ranks caused by death
or prolonged absence. ^ The fund which they were
authorized to pay out for the construction of the five
forts was obtained by a public levy, but in this ex-
penditure, they were subject to the Assembly's general
directions; that body, in 167 1, for instance, ordered the
entire number to retain the sums collected for these
forts' reparation until they had accumulated such an
amount as would enable them to rebuild in a more
permanent form all the existing fortifications. Each
possessed the right to appoint an officer to collect the
duties payable at the fort under its charge^ ; and these
duties had, by 1676, become so large in volume that
the committees were instructed to refrain from levy-
ing a special tax for the fortifications' maintenance.*
After 1680, however, the duties were diverted by the
General Assembly to other purposes, certainly for a

' These details were agreed upon by the General Committee for
the associated counties of Westmoreland, Northumberland, and
Stafford; see Northumberland County Records, vol. 1666-72,
pp. 29, 32.

2 Acts, Sept., 1 67 1, Colonial Entry Book, vol. Ixxxvi.

3 Hening's Statutes, vol. ii., p. 291.

* Acts, June, 1676, Colonial Entry Book, vol. Ixxxvi.

Foreign Invasion : Later Forts 155

time, and the committees were again made dependent
on public taxation. 1

In the beginning, the General Assembly had appro-
priated a sum of three hundred and sixty-eight pounds
sterling for the construction of the forts. 2 In spite of
the large amount paid out in building, and the annual
sums expended in repairing them, they were constantly
falling into a state of dilapidation. Nor was this due
entirely to the disintegrating touch of a very variable
climate, which ranged from the excessive dryness of
August to the equally excessive humidity of April, —
from extreme heat to extreme cold. Berkeley, no
doubt, explained the fact, at least partially, when he
declared that, during his term of office, there had never
been an engineer residing in the Colony having sufficient
knowledge of his profession to understand how to build
a fort properly; and that as the work of construction
was done without any real skill or art, each fortification
could only be kept in a fairly good shape by repeated
restorations.^ This opinion was confirmed by the
general condition of the five forts only three years after
they had been completed, owing to the perishable
character of the materials of which they were made.
Several of these forts had already fallen into a state of
" utter demolishment " ; several were fast going to ruin;
while only one could be repaired at small charge. An
order was now issued by the General Assembly that all
the forts which had sunk into a condition of complete
dilapidation should be reconstructed entirely of brick ;
and that those only needing repairs should, to that

J Minutes of Council, July 8, 1680, Colonial Entry Book, vol.
Ixxxvi.

2 Acts, Sept., 1668, Colonial Entry Book, vol. Ixxxvi.

3 Hening's Statutes, vol. ii., p. 51.

156 The Military System

extent, be restored with brick also, as promising greater
power of resistance against decay. The commissioners
of the associated counties having these fortifications in
charge were instructed to carry out this improvement ;
and should the amount in hand from the collection of
fort duties be inadequate, they were impowered to lay
a general levy to make good the deficiency.^

About 1673, ^t having been decided to renew the fort
situated at Jamestown, the Governor and Council
undertook to make the necessary arrangements for
its reconstruction. 2 In a formal agreement with the
commissioners of the group of associated counties which
included James City, William Drummond and Theoph-
ilus Hone bound themselves to erect at once a forti-
fication at Jamestown to extend a length of two
hundred and fifty feet and to be composed entirely of
brick; but so slow were they in pushing forward the
work that, at the end of several months, they had pro-
ceeded only to the point of collecting on the spot a
small quantity of timber and of making a few bricks;
and the latter were reported to be so bad that the
commissioners were ordered by the Assembly to meet
at Jamestown to inspect them.^ The contractors
themselves were threatened with prosecution should
they fail to carry out the agreement."*

When the traveller Clayton arrived in the Colony,
the fort at Jamestown had been completed. He de-
scribed it as being a large brick wall built in the shape
of a half moon. It was situated at a point where it
commanded the channel of the stream, but in reality

• Hening's Statutes, vol. ii., p. 294.
2 Robinson Transcripts, p. 262.

' General Court Records, vol. 1670-76, p. 149.

* Ibid., p. 141.

Foreign Invasion: Later Forts 157

afforded no real defence to the town. All hostile ships
passing up the river were entirely safe from attack until
they came directly opposite the fortification; and even
then, so Clayton asserted, could throw the garrison into
such confusion by a carefully aimed broadside that the
fort would be prevented from offering any effective
obstruction to the enemy's further progress. Indeed,
the fortification, in Clayton's opinion, did not amount
to more than an excellent blind from behind which
wild duck and geese could be shot at to advantage.
He anticipated the judgment of modem engineers in
thinking that an earthwork would have proved far more
capable of resisting the impact of a cannon ball. It
was his conclusion that Archer's Hope, situated below
Jamestown, was a more appropriate site for a fort, as
the river's channel there lay nearer to the shore. ^

The merchants trading with Virginia had never
approved of the abandonment of the fort at Point
Comfort, and their opposition to that step was greatly
intensified by the destruction in James River, in 1673,
of a large number of their vessels by a Dutch man-of-
war, — a disaster that proved how totally inadequate
were the means afforded by the fort at Jamestown for
the protection of such vessels, and also for the defence
of the plantations exposed to ravage. Anticipating a
loud outcry from the merchants, and wishing to dimin-
ish the impression which this might make on the Eng-
lish Government, the Governor and Council promptly
addressed a letter to the King reiterating their former
grounds of objection to the restoration of the fortifi-
cation at Point Comfort: they again declared that a
hostile ship, taking advantage of a favorable wind and

1 Clayton's Virginia, p. 23, Force's Hist. Tracts, vol. iii.

158 The Military System

tide, could, without serious damage, easily run by any
fort which the Colony could erect there, however strongly
and skilfully built, or however well armed. It would
require, they said, a battery of fifty large pieces of
ordnance to defend it, and such a battery would cost at
least fifteen thousand pounds sterling, a sum far beyond
the pecuniary resources of all the counties combined.
Even if the King himself should assume the expense
of building and arming the fort, the people of Virginia
would be unable to support the charge of a garrison.
The funds for the purpose would have to be obtained by
imposing a special tax on every ship arriving in the
Colony. At the present time, the fort duties were so
small in amount that they did not bring in a sum suf-
ficient to pay the gunners' salaries, cover the cost of
powder, or meet the expense of repairing the fortifica-
tions. The Governor and Council earnestly justified
the plan, which had been already carried out, of build-
ing a fort at some eligible spot situated on the banks of
each of the five principal streams; for each of these
forts, they said, afforded the protection of its guns to
the vessels trading in the adjacent waters. If, on the
other hand, all the available income of the Colony were
expended in the construction of a single fort at Point
Comfort, then only James River would enjoy immunity
from attack. 1

The merchants might have acknowledged the force
of these arguments without lessening the correctness
of their assertion that it was wiser to maintain a fort

> Letter of Governor Berkeley and Council, July 16, 1673, British
Colonial Papers, vol. xxx., No. 51, I. They also suggested that,
in time of war, a convoy should always accompany a fleet of mer-
chantmen on the outward voyage. In 1667, the gunner at each
fort received a salary of fifty pounds sterling per annum; see Acts,
Sept. 20, 1667, Colonial Entry Book, vol. Ixxxvi.

Foreign Invasion : Later Forts 159

at Point Comfort than at Jamestown, because, on the
whole, affording a more convenient shelter to vessels
on an enemy's arrival in the river; and this too even if
it were admitted that the fortification's guns could not
prevent the passage of the channel by a hostile ship.
They, no doubt, agreed with the Governor and Council
in thinking that a fort was now needed on the banks of
each of the other great streams; but because such
additional forts were required, was, in their opinion,
no reason why the only fortification erected on James
River should be placed at Jamestown. It was the
merchants who really suffered in the event of a great
disaster like the one happening during the Dutch war.
Whether the ships had just arrived in the waters of the
Colony, or were just departing for England, they were
loaded with cargoes belonging in the bulk to the mer-
chants alone. Such cargoes were their property,
whether composed of goods about to be imported, or of
tobacco about to be exported. The protection of the
ships touched their prosperity more closely even than
it did the Virginians', for if the ships were coming in
when destroyed, the planters had not yet purchased
the merchandise they contained; and if the ships were
on the point of going out, the planters had sold the
tobacco lying in their holds, and as a mass really ex-
perienced no personal loss. It was the merchants,
therefore, who were most vitally interested in the
vessels' protection from attack; and for that reason, it
was, no doubt, the merchants also who could be relied
upon most confidently to choose the proper place in
each river for the construction of a fort.

The citizens of Isle of Wight and Lower Norfolk
sought the General Assembly's permission in 1673 to
erect two forts, one of which was to be situated on

i6o The Military System

Warrosquoick Bay, and the other on Elizabeth River;
and consent was given on condition that the general
proposition should be approved by the majority of
the people residing in those counties, and the entire
cost of building the two fortifications borne by the
local taxpayers.^ A record of the vote taken, the fol-
lowing year, in Lower Norfolk to decide the question
shows that its inhabitants declared in favor of erecting
a fort there; but the choice of a site, and the model of
the fort itself, were left to the judges of the county
court. This body, true to the military custom of those
times, preferred a half moon as the shape. In order to
procure the necessary number of workmen, each justice
was impowered to compel all the men residing in the
part of the county assigned to him, to contribute respec-
tively at least two days' labor towards the construc-
tion of the fortification; relays of workmen were thus
constantly provided; and it was arranged that each
individual should bring with him the tools as well as
the victual he would require for so short a period. This
fortification apparently was not built before the end
of many months. When completed, it had entailed a
cost of about thirty-five thousand pounds of tobacco,
an amount of that commodity, valued at the rate of
one penny and a half a pound, equal to a sum of two
hundred and eighteen pounds sterling, a sum which,
in that age, had a purchasing power of five thousand
dollars, no inconsiderable burden for one county to
assume to ensure for ships protection against foreign
attack. 2

The erection of a fort in Lower Norfolk, and also in

> Hening's Statutes, vol. ii., p. 307.

2 Lower Norfolk County Records, vol. 1666-75, P- ^°3'> see also
levy, Oct. 16, 1675.

Foreign Invasion : Later Forts i6i

Isle of Wight, was rendered necessary by the abandon-
ment of the fortification at Point Comfort. Had the
fort there been first thoroughly restored, and then
amply supplied with heavy ordnance, it would have
afforded all the shelter required by vessels trading in
James River and its tributaries. The absence of such
a fort imposed on all the counties situated above the
Point an expenditure of funds which would have gone
far towards both building and maintaining a fort at
the latter place in a state of great efficiency. As might
have been confidently expected, the question of re-
establishing this fort was soon raised again, only to
find the General Assembly as eager as before to resist
the proposition; they complained that many tons of
tobacco had already been paid out in the effort to erect
a permanent fortification on this site, but so far without
success; and they protested that it would be highly
inadvisable to undertake so costly a project. ^ They
were supported in this opinion by the three Commission-
ers sent out from England to settle the disturbed affairs
of Virginia. When the people of Lower Norfolk, who
had been compelled, as we have seen, to build a fort at
their own expense, bitterly criticised, in their list of
grievances, the General Assembly's action in allowing
the fort at Point Comfort to go to ruin, these Commis-
sioners frankly replied that, in their judgment, it was
not practicable to construct, garrison, and maintain
an enduring fortification at that place. ^ This opinion
of the three, if formed independently of the General
Assembly's influence, was entitled to great weight,
as at least two of them were men of military train-
ing, and all were in a position to reach disinterested

> Acts of 1676, Colonial Entry Book, vol. Ixxxvi.
2 Winder Papers, vol. ii., p. 158.

VOL. II-II

1 62 The Military System

conclusions touching all matters affecting the Colony's
welfare.

The Committee of Trade and Plantations, however,
did not concur in this opinion, and in not doing so,
anticipated the judgment of more modem times, which
has always pronounced Point Comfort to be one of the
most important sites for a fortification to be found on
the North and South Atlantic coast. They earnestly
recommended that all the quit-rents to be collected in
Virginia after February 1678-9 should be devoted to
the erection of a fort here as the most appropriate
situation for such a fortification, whether it was desired
to repel foreign invasion, or to suppress domestic
sedition. In declaring themselves so strongly, the
committee, no doubt, were guided by information
obtained from the principal merchants engaged in the
trade with the Colony. ^

' Colonial Entry Book, 1676-81, p. 267.

CHAPTER XIII

Foreign Invasion : Later Forts {Continued)

SOON after his arrival in Virginia in 1681, Cul-
peper visited the different places where forts
were either going to be erected or were already in
course of building. Among these places was Tyndall's
Point on the York River. The construction of the
fortification here had made some progress. Apparently
all the bricks to enter into its composition had been
manufactured,^ and most of these had probably been
laid in their final position. Nevertheless, what he saw
failed to satisfy Culpeper, who, being a man of some
military education and experience, was fully capable
of forming a correct judgment; he declared that there
was neither at Tyndall's Point nor at any other spot
in the Colony a fort strong enough to protect ships,
even though lying under its guns, from a vigorous
attack by a hostile vessel, or to resist an assault from
the side of the land by an invading foe. Nor was it
practicable to obtain the strength required without an
outlay of tobacco far greater than the inhabitants could
afford to expend for such a purpose. "I do not be-
lieve," he concluded in his report to the English Govem-

> John Mathews, in 1679, failed to win his suit against John
Page for work done about a house in which were stored the bricks
made on Col. Baldry's land for "building fort James at Tyndall's
Point"; York County Records, vol. 1675-84, orig. p. 113.

163

164 The Military System

ment, "that it is possible to secure ships any^vhere
against a greater sea force except on going so high up
into the rivers that better ships will not think to follow
them."i

If the fortifications on the coasts then in existence
were incapable of making a very successful defence,
it was not to be attributed to the absence of heavy
ordnance. A few years before, Berkeley had declared
that fifty large pieces were necessary for the complete
equipment of these forts 2; but at that time, according
to his estimate, there were in Virginia only about thirty
"great and serviceable" cannon altogether. Thirty
had been recently sent out from England; but unfor-
tunately, the larger number of these had been lost or
ruined when the ship transporting them took fire and
was destroyed.-' Cuthbert Potter, in a petition to the
General Assembly stated that he had, in March, 1673,
expended one hundred and three pounds sterling in
paying all the charges for the freight of forty-four "great
guns," and the munitions of war accompanying them;
and an order was accordingly issued that he should be
reimbursed out of the fund accumulated either from
the tax of two shillings imposed on each hogshead
exported, or from the fort duties collected by the
committees of the associated counties.'^ In 1685, there
were lying in Fort James on the York and at Jamestown
twenty whole culverins, seven twelve-pounders, eleven
demi-culverins, some of iron and some of brass, and four
sakers. In addition, there were at these two forts a

' British Colonial Papers, vol. xlvii., No. 105.

2 Letter of Berkeley to Secretary "Williamson, Oct. 3, 1673,
British Colonial Papers, vol. xxx., No. 70.

i H.enmg' s Stahites , vol. ii., p. 51.

< Acts, 1680, Colonial Entry Book, vol. Ixxxvi.; see also British
Colonial Papers, vol. Ixiii., No. 11.

Foreign Invasion : Later Forts 165

large quantity of balls and powder adapted for use to
each set of its cannon, both great and small. There
were also lying in the Rappahannock fort a few guns,
but they had been so neglected that they were at this
time buried in the sand.^

One of the most serious charges brought against
Howard by Philip Ludwell in 1688 was that, having
diverted to his own use all the fort duties, the fortifi-
cations had, during his administration, fallen into a
state of decay, since there were no other sums which
could be applied to them. The carriages of the heavy
ordnance had been allowed to rot slowly away and the
guns to tumble to the ground or to sink into the sand. 2
Howard, who was now in London, afterguards denied
the truth of these accusations; he asserted, in his own
defence, that, when he first arrived in Virginia, he had
found all the platforms in a condition of great dilapi-
dation, the carriages too much ruined by long exposure
to the weather to hold up the cannon, and all the guns
unfixed. As soon as the accumulation of public funds
had justified it, he had sent to England, with a view to
their complete restoration, a large quantity of arms
damaged in the destruction of the guard-house at James-
town by fire, whilst the remainder belonging to the
Colony had been fixed by the local gunsmiths, and
from time to time, as needed, distributed among the
militia. He also asserted that he had gone to extra-
ordinary pains in 1689 to repair the platforms at James-
town and Rappahannock, to stock those forts with an
ample supply of powder and ball, and to mount there

1 Colonial Entry Book, 1685-90, p. 75. This fort was either the
one situated on the Carter plantation in Lancaster county, or the
one standing on the Wormeley plantation in Middlesex.

2 Petition of PhiHp Ludwell, 1688, Colonial Entry Book, 1685-90,
p. 271.

i66 The Military System

an adequate number of large cannon. This was not
done also at Tyndall's Point and Nansemond only
because the platforms of these fortifications had been
finished but a short time before he took his departure
from Virginia.^

Whether these claims of Howard were correct or not,
the condition of the forts after his withdrawal were far
from satisfactory. In 1690, the nine pieces of large
ordnance lying at Tyndall's Point and Nansemond
were left so entirely exposed to capture by a foreign
enemy that the Council felt compelled to give orders
to Colonels John Armistead and John Lear, the com-
manders-in-chief of Gloucester and Nansemond counties
respectively, to choose a certain number of men, who
were to hold themselves in readiness to obey upon the
instant the summons of the gunner of each fort, and to
remain on guard so long as the danger lasted. At this
time, there was much apprehension lest the ordnance
should be carried off by French ships-of-war.2 xh«
person in charge of Tyndall's Point was Gawin Dunbar;
and in order to assure his constant presence, he had
been permitted to cultivate the land attached to the
fortification, and even to build a house on it.^ Several
of the other forts situated on tide-water were apparently
left without even a gunner to watch over the consid-
erable quantity of heavy ordnance which they still
contained.

There were in Virginia, in 1690, numerous cannon,

> Howard's Defence, Colonial Entry Book, 1685-90, p. 300.
The Rappahannock fort which Howard referred to was on the
lower section of the river.

2 Minutes of Va. Council, June 15, 1690, B. T. Va., 1690, No. xi.

3 About 1693, he petitioned the General Assembly to reimburse
him for the money he had spent in building this house; see Colonial
Entry Book, 1680-95, p. 371-

Foreign Invasion: Later Forts 167

although many of them were unmounted. At James-
town, twelve culverins, one demi-culverin, and five
sakers remained; at Tyndall's Point, one culverin, one
demi-culverin, four twelve-pounders, and three sakers;
and at Nansemond, six demi-culverins. Several of
the guns at these forts had, during the course of the
Insurrection of 1676, been spiked, and thus ren-
dered worthless. At the small fortification erected
on the Wormeley plantation to command the pas-
sage of the Rappahannock River opposite that place,
there were found five brass guns and two mortars,
the carriage of one of which had rotted to fragments.
At Corotoman, on that stream's northern bank, there
were twenty-four cannon, for the most part demi-
culverins, lying in the sand near the shore, and
exposed to the daily overflow of the tide from the
Bay. Such was also the situation of the six large
pieces of ordnance which had been carried to the
fort built at Yeocomico on the Potomac. ^

Nicholson, on assuming the Lieut. -Governorship of
the Colony, instituted a careful inquiry into the dif-
ferent forts' condition, and the state of their ordnance.
Among the members of the Council appointed to make
a personal inspection were Colonel John Lear for the
fortification at Nansemond, Colonel John Page for the
one at James City, Colonel John Armistead for the one
at Tyndall's Point, Colonel Ralph Wormeley for those
situated on the Rappahannock, and Colonel Isaac
Allerton for the one standing at Yeocomico. ^ This
Committee was composed of the first men of that
period in Virginia, and all had enjoyed a long experience

» Nicholson's Letter to Committee of Plantations, B. T. Va., 1690,
No. 10.

2 Cotonial Entry Book, 1680-95, p. 356.

i68 The Military System

in its military affairs. Nicholson showed his character-
istic zeal and energy by his unwilHngness to rely
wholly on the reports of others, however competent or
trustworthy; he himself visited the different forts in
person; and seems to have formed as unfavorable
opinion of their condition as Culpeper had done some
years before. He declared frankly that it was a very
improper use of terms to describe them as fortifications
at all; and writing again in 169 1, he repeated the state-
ment that there was no fortification in Virginia deserv-
ing the name of a military platform. He was strongly
of the opinion that the only means of affording safety
to the merchant vessels trading with the Colony during
the course of a foreign war was to build at least one sub-
stantial fort on the banks of each of the four princi-
pal rivers. Whilst these forts would not bar the pas-
sage of the streams by a hostile ship, so great was the
breadth of the rivers, nevertheless their guns, if kept
in good order, would give ample protection to every
vessel lying within the range of their shot. Unfor-
tunately, Nicholson was forced to acknowledge that to
erect and garrison such a series of fortifications, and
maintain them in perfect shape, would require a far
larger sum than the colonists were in a position at
this time to raise. ^

The acquisition of ammunition for the heavy ordnance
mounted on the few platforms still intact was a serious
problem to solve at this time. It shows the expedients
which the Governor and Council were compelled to

> B. T. Va., Entry Book, vol. xxxvi., p. 29. In an address to
the King, dated May 21, i6qi, the Burgesses declared that there
was at this time not a single fortification in the Colony strong
enough to defend either the plantations or the ships trading thither;
Minutes of Assembly, May 21, 1691, Colonial Entry Book, 1682-95.

Foreign Invasion: Later Forts 169

have recourse to that, in March, 1 690-1, the collectors
of customs were ordered to report in the future the name
of every person in the Colony to whom powder should
be delivered by a shipmaster, so that when the occasion
arose for its use in repelling an invader, it might be
impressed without delay. ^ A few months later, the
English Government, for the defence of the forts, sent
over a great quantity of round shot, ladle, and sponge
for large ordnance. ^ On the guard-ship Dunbarton
being broken up in 169 1, orders were issued by the
authorities that all her guns and ammunition should be
removed to the fort at Tyndall's Point, which was now
in the custody of John Todd.^ Only a few days after-
wards, they declared that there were not enough
munitions in the forts at this time to require the con-
stant oversight of the gunners; and in consequence of
the intermittent attention which these officers were
expected to give as the result of this fact, the salary of
each was soon greatly reduced; the gunner at Tyndall's
Point, who had been paid fifteen pounds sterling a year
formerly, was now paid only ten; whilst the gunner at
James City received only seven pounds and a half
instead of ten as before. The salary of the gunner at
Rappahannock and Nansemond respectively was cut
down from ten to five pounds sterling.*

The gunner's duty was, in some places, confined to a
watch over the ordnance alone ; this occurred wherever

1 Orders of Va. Council, March 7, 1690, B. T. Va., 1690, No. 14.

2 B. T. Va., Entry Book, vol. xxxvi., p. 194.

3 Orders of Council, April 16, May 15, 1691, Colonial Entry
Book, 1680-95.

* Minutes of Council, May 23, 1691, B. T. Va., 1691, No. 27. At
this time, Gawin Dunbar was the gunner at Tyndall's Point, Ed-
ward Rawlings at James City, and Gerard Fitzgerald at Rappa-
hannock. In 1692, the gunner at Nansemond was Benjamin
Gill; see Minutes of Council, June 24, 1692, B. T. Va., 1692, No. 27.

170 The Military System

it was thought to be safer to distribute the stores
among a certain number of responsible citizens than to
leave them in the fort itself. In 1691, Lieut. -Governor
Nicholson issued a general order that these munitions
should be accounted for by the persons to whose cus-
tody they had been consigned; but no record, it is
evident, had been preserved of these persons' names,
for every individual in the Colony having any knowledge
of the exact whereabouts of the articles was enjoined to
give information of that fact to the authorities of the
county in which he resided; and an urgent command
was laid upon every sheriff and every justice to make a
diligent search for them.^

The fortification at Jamestown had, by 1691, fallen
into a state so ruinous that it could no longer be used
even as a shelter for the different stores belonging to it ;
and in consequence, Colonel William Browne was paid
fifty shillings for providing a room for their accommo-
dation. ^ The heavy ordnance had, by this time, tum-
bled from the rotting carriages, and was partially
buried in the sand. In 1693, Andros, having been
appointed Governor, interested himself actively in
this platform's restoration; thirteen guns, consisting of
whole and half culverins, were raised from the ground,
placed on new carriages, and thoroughly cleaned, while

» B. T. Va., 1 69 1, No. 70; see also Orders Dec. 21, 1691, in York
County Records, vol. 1690-94, p. 112, Va. St. Libr. The following
is from the Henrico County Records: "The Right Honble, the
Lieut.- Gov.'s order of ye 8th of December last, requiring all persons
in whose custody any of ye stores are which belong to ye fort at
Tyndall's Point to return an accent, thereof to ye Secretary's office
was this day in open Court published 1691 February"; see vol.
1682-1701, p. 330, Va. St. Libr.

2 Orders of Council, May 23, 1691, Colonial Entry Book, 1680-95.
In 1692, a powder house was built at Jamestown by Andros; see
B. T. Va., Entry Book, vol. xxxvi., p. 241.

Foreign Invasion: Later Forts 171

four others of equal size were mounted on carriages
obtained from a ship. The whole formed a battery
which is said to have commanded the passage of the
river at this point. Andros also took steps to sub-
stitute new carriages for the old ones on which the guns
at Tyndall's Point were resting, or from which they had
dropped to the ground with the gradual decay of their
supports.^ A few years afterwards, he gave orders
that a new platform should be built at this fort. This,
when completed by John Hanby, was about one
hundred and sixty feet in length and sixty in breadth;
and for its construction, the authorities agreed to pay
about forty-five pounds sterling, a sum having the
purchasing power of about one thousand dollars. 2

The various stores collected at Tyndall's Point for
the fort's use were at this time kept, not in the fort
itself, but in a house belonging to John Todd, in whose
general custody, as we have seen, the fortification had
been placed. This was not considered to be very safe,
as the site of the house was near the river's mouth,
and without means of defence in case an invading force

1 Andros to Committee of Plantations, July 22, 1693, B. T. Va.,
Entry Book, vol. xxxvi., p. 241. Eleven of these guns, it seems,
had been placed apparently under the platform by the order of
Lieut. -Gov. Nicholson; see Minutes of Council, Aug. 16, 1692,
Colonial Entry Book, 1680-95.

2 Hanby is found petitioning for his money as late as May 3,
■ 1699. On that date, Edmund Jennings and Matthew Page were

ordered by the Councilto make an inspection of the platform; see
Minutes of Council, May 3, 1699, B. T. Va., vol. liii. Blair, who
disliked Andros, and was also anxious to obtain for the use of the
College the money designed for these fortifications, derided the
Governor's efforts. "I have never heard one man that pretended
anything of fortifications," he declared, "that upon sight of these
works did not ridicule them as good for nothing but to spend
money." He also asserted that the guns at Jamestown were so
placed that they were no defence to the town; see Blair's Memorial,
Perry's Historical Coll., Va., vol. i., p. 14-

172

The Military System

approached from the direction of the Bay. A store-
house, constructed entirely of brick, belonging to
Edmund Jennings, who lived within convenient distance
of the fort, was finally chosen as a magazine; and hither
all the munitions previously sheltered by Todd's roof
were, with the exception of a small quantity reserved
for the forts at the Point and at Nansemond, trans-
ported in a sloop. ^

How heavy was the charge of keeping the forts even
in a partial state of preservation was shown by the sums
of money paid out to the various persons who appar-
ently had been the chief instruments in carrying out
Andros's general scheme of restoration. Ralph Worme-
ley, for instance, received, in 1694, about forty-one
pounds sterling for the carriages he had provided for
the heavy guns at Jamestown, and also for a consider-
able quantity of timber, probably used by him in the
construction of the platform there. For manufacturing
sixteen carriages for the cannon lying in the fort at
Tyndall's Point, Thomas Palmer was allowed sixty
pounds sterling; whilst Colonel Browne was paid about
three pounds sterling for continuing to furnish store-
room for the ammunition kept at Jamestown, although
it would appear that the magazine built there by Andros
was still in existence. Probably, however, it was not
used, because, as Commissary Blair charged, not being
protected by a gun, it might easily have been seized by
any enemy, foreign or domestic. 2

In March 1694-5, the Council having ordered Colonels
William Byrd and Edward Hill to make a personal
inspection of the old fort at Jamestown, they reported

• Orders of Council, July 6, 1692, Colonial Entry Book, 1680-95.
5 Blair's Memorial, Perry's Hist. Coll., Va., vol. i., p. 14; Minutes
of Council, July 18, 1694, Colonial Entry Book, 1680-95.

Foreio"n Invasion: Later Forts 173

"tj

that the brickwork had gone so completely to ruin that
it was incapable of repair ; and that the whole structure
was in the final stage of decay. The Council thereupon
directed that it should be no longer used as a fortifica-
tion; and they even recommended that it should be at
once demolished.^ The fort on the Wormeley plan-
tation, situated on the banks of the Rappahannock,
had already been abandoned. The guns had been pro-
nounced to be useless, not only because they had been
seriously damaged, but also because they were not of a
calibre to command the passage of the stream; and, in
consequence, an order had been given that they should
be removed to Jamestown. 2 The fort at Nansemond
was still maintained, for, in 1695, James Peters was
paid forty-seven pounds sterling for building carriages
for the heavy guns belonging to that fortification, and
also for throwing up an earthwork there. In the same
year also, Peter Beverley received five pounds sterling
for mounting eight large cannon in the fort situated at
Tyndall's Point; and this number was increased in 1696,
in which year. Captain Thomas Ballard obtained a
warrant for a considerable sum as remuneration for
transporting thither eight pieces of heavy ordnance.
He also supplied a large quantity of tar and timber. ^

Although the brickwork of the old fort at James-
town had been levelled to the earth, an effort was never-
theless made to maintain a fortification at that place.
The guns seem to have been removed from their former
position, and after the carriages supporting them had
been mended or entirely renewed, the heavy ordnance

1 Orders of Council, March 6, 1694, Colonial Entry Book, 1680-95.

2 Minutes of Council, July 20, 1694, Colonial Entry Book, 1680-95.

3 Minutes of Council, June 4, 1695, Colonial Entry Book, 1680-
95; June 15, 1696, B. T. Va., vol. liii.

174 The Military System

was mounted, probably on an earthwork like the one
recently thrown up at Nansemond. i The only use
to which the cannon were put appears to have been in
firing salutes; but so great was the waste of powder
resulting that the gunner, Edward Ross, recommended
that several small iron pieces belonging to James
Shirlock, who resided at Jamestown, should be pur-
chased for this purpose; and this was finally done, as
assuring an important saving in the expenditure of
ammunition. 2

From the preceding account of the state of the
different forts situated along the borders of tide-water,
it will be seen that, as the century drew towards a close,
there was an increasing popular disposition to allow
these fortifications to fall into complete decay; and
whilst from time to time, the authorities undertook to
make the necessary repairs, nevertheless this was not
done in a manner to ensure any real pemianency. The
true explanation of the forts' defective condition is to
be found in the people's conviction, which had been
growing for many years, that these fortifications were
incapable, even when in the highest state of efficiency,
of serving the purpose for which they were designed.
The results of nearly one hundred years' experience were
summed up with remarkable force by the Governor and
Council, in 1690, in passing upon the reports of two
committees, composed of such conspicuous men as
William Byrd, Edward Hill, Matthew Page, and Ed-
mund Jennings, who had just pronounced the two
principal sea forts in Virginia, those of Jamestown and
Tyndall's Point, to be " wholly useless and unservice-

> See Minutes of Council, June 4, 1695, Colonial Entry Book,
1680-95.

» Minutes of Council, April 28, 1696, B. T. Va., vol. liii.

Foreign Invasion: Later Forts 175

able." These distinguished officials declared, first, that
in the light of their own observation, and that of their
predecessors, they believed it to be impossible for any
fortification, however strongly built, fully manned, or
completely armed, to protect any part of the Colony
from invasion by sea, because, the shores everywhere
lying unusually low, it would always be easy for the
enemy to disembark at some undefended plantation,
and marching forward, seize the fort by an assault from
the land side, and having once got possession of it, use
it as the base for a further attack upon the surrounding
country; secondly, that the people of Virginia were
entirely too poor to bear the heavy and constant drain
on their resources that would be rendered necessary by
a policy of building and maintaining a series of fortifi-
cations along the coast; thirdly, that seditious persons
residing within the Colony would not be overawed
and kept in subjection by the mere presence of such
fortifications, but, on the contrary, would perhaps be
induced to rise by the fact that each fort would con-
stitute an arsenal from which they would be able by
force to procure a large supply of arms otherwise be-
yond their power to obtain; fourthly, that the forts
would not always serve even the purpose of magazines,
as it was already considered dangerous to leave powder
in them, except under a powerful guard, for fear lest it
might be carried off by the pirates frequenting those
waters, or blown up in the course of one of those
terrifying storms of thunder and lightning which swept
over the country in spring and summer; fifthly, that
the breadth of all the rivers below the flow of the tide
was too great for any forts the Colony was able to build
to command the channels, and therefore, they would
afford no real protection to merchantmen trading in

176 The Military System

these rivers in case the foreign enemy's approach was
sudden and unexpected.

Under the influence of these different reasons, the
Governor and Council earnestly recommended that all
the fortifications in Virginia should be allowed to sink
gradually into total ruin.^ Such a recommendation
always had the people's hearty approval; for the real
sufferers in case of an attack from the sea, as already
pointed out, would not be so much the owners of the
plantations as the owners of the ships trading with the
Colony; in other words, it was not so much the Virginians
themselves as the English merchants who were likely
to be damaged. The country lying along tide- water was
as yet too much devoid of villages and towns to offer
any strong inducement to an enemy to land and commit
serious ravages. A house, bam, or cabin, — buildings
easily and quickly replaced, — might here and there be
destroyed in pure wantonness, but cattle in any great
number could not be driven off to a man-of-war; and
there was no treasure or valuable booty in large quanti-
ties to be carried away. The attention of every hostile
vessel arriving in the waters of the Colony was always
turned to the ships belonging to the English merchants,
which were moving from anchorage to anchorage in the
different rivers. The blow fell always upon them;
rarely upon the plantations also. Such being the case,
the indisposition of the people of Virginia during the
Seventeenth century to impose heavy taxes on them-
selves in order to raise numerous fortifications along the
line of coasts becomes intelligible enough. It was
better, they argued, that the merchants should, at long
intervals, incur a great loss than that the people should

> Minutes of Council, May 9, 1699, B. T. Va., vol. liii.

Foreign Invasion: Later Forts 177

have to bear so grievous a burden all the time. The
number of Virginians who forwarded their tobacco to
England and thus ran the same risk was too small to
modify this view to any great extent.

VOL. II 12

CHAPTER XIV
Foreign Invasion: Guard-Ships

WHEN the Governor recommended, as in 1699,
that all the forts should be allowed to go to
ruin, it may be taken for granted that he had
either come to disregard the hostile influence of the
English merchants, or he had decided that there were
some means besides a coast fortification which would
afford protection to the trading ships, and that, in
this view, the owners of these ships fully concurred.
During many years, the opinion had been growing in
the Colony that the most effective way of defending the
merchantmen, and preventing an attack on the planta-
tions along tide-water, was for the English Government
to establish a guard-ship in the Chesapeake not far from
the Capes. This opinion was entertained all the more
favorably as the expense of such a ship would be com-
paratively small, and would fall chiefly either on the
merchants or the English Government itself. As early
as 1666, Berkeley and his Council had united in declar-
ing that, in consequence of the width and extent of the
rivers, a single guard-ship would prove more successful
in the defence of the coast and the trading vessels than
all the fortifications which the limited means of the
people would allow them to erect. ^ Berkeley advo-
cated the same plan more than once. " All the forts

' Robinson Transcripts, p. 118.

178

Foreign Invasion : Guard-Ships 1 79

we can build, " he frankly wrote to Arlington, " though
never so strong, will not absolutely answer what they
are designed for. The entrance into the Province is so
large that any enemy's ship may ride out of all possible
danger of the greatest cannon in the world. " A
frigate-of-war alone, he asserted, would offer a barrier
incapable of being overcome unless confronted by such
a force as an enemy was unlikely to send out to those
remote waters.^

A letter of Thomas Ludwell written in the following
year, shows that the Virginians in an emergency could
devise guard-ships of their own. " We are in a flat open
country, " he wrote, " full of great rivers, impossible
to be totally secured from the incursions of the enemy
... to prevent such mischief, we have ordered a fleet
of boats and shallops in every river, well manned and
armed, to be ready on all occasions to attend the
motions of an enemy, and to fight them if they seek to
land. "2 England was now at war with Holland. In
anticipation of that war, or soon after it began, the
English Government dispatched to the Colony the
frigate Elizabeth, which seems to have been the first
of the guard-ships stationed in the waters of Virginia.
The second, commanded by Captain Roger Jones, who
had come out with Culpeper as a soldier, was a sloop
of sixty tons burden equipped with ten guns. Hired
by the Governor on the Council's recommendation, its
maintenance imposed a heavy charge on the public;
for instance, apart from the cost of its stores and victual,
its captain alone was paid four pounds sterling every
month ; the mate and carpenter together the same sum ;
whilst each of the twelve common seamen received

» British Colonial Papers, vol. xx., No. 117.
^Ibid., vol. xxi.. No. 18.

i8o The Military System

one pound and four shillings, — a total outlay falling
little short in purchasing power of five hundred and
fifty dollars in modem currency.^ Jones was in time
suspected, not only of defrauding the Colony by draw-
ing the wages of twelve sailors when he had only eight
in his service, but also, which was a far more serious
crime, of acting in collusion with pirates and ship-
masters seeking to evade the Navigation Laws. By
the large sums thus acquired, he is said to have laid the
foundation of a very valuable estate. His device, it
appears, was to strike his colors to the vessels of
pirates, his motive in doing which they soon came to
understand ; and it was then their habit to dismiss him
with a great quantity of French wines and other costly
goods. 2 In 1683, the vessel was ordered to be dis-
charged, and the stores it contained to be returned to
Middle Plantation. ^

The same year, Howard urged the English Govern-
ment to dispatch to Virginia a frigate for use in repress-
ing illegal traders, capturing pirates, and discouraging
all persons who might be disposed to rebel."* Appar-
ently, a favorable response was given, for, in 1684, the
royal ship Quaker, under Captain Thomas Allen's
command, is found cruising in the waters of the Colony.
During that year, Nicholas Smith's residence, situated
in Isle of Wight county, was robbed by Roger McKeel
and other privateers. The Quaker was sent out to
scour Chesapeake Bay in search of them; and as a
support, should she need it in the expected encounter,

1 Colonial Entry Book, 1681-5, p. 162; 1680-95, p. 157.
' Letter of Council to Committee of Plantations, B. T. Va., Entry
Book, vol. xxxvi., p. 215.

3 Colonial Entry Book, 1680-95, p. 184.
* Ibid., 1681-85, p. 184.

Foreign Invasion : Guard-Ships i8i

two sloops, fully manned and completely armed, were
ordered to accompany her. ^

The Deptford was also stationed in Virginia at this
time. Howard spoke with great disdain of the com-
manders of these two vessels. " My footmen," he was
reported as saying, "would make as good captains as
they." When charged with this contemptuous speech,
he replied vaguely that he had treated the two officers
" with all suitable respect " ; and that they had always
had the run "of his house and cellar. "2 From the
testimony of others, it would appear that the captain
of the Deptford, John Crofts by name, was quite as un-
worthy as the Governor represented him to be. Some
of the scenes which took place on board of that vessel
between him and his wife were marked by the most
disgraceful violence. One witness swore to the fact
that they were constantly quarrelling and fighting in
their cabin; that, on one occasion, in her ungovernable
rage, she hurled about the room all the looking and
drinking glasses; that, on another, she scattered over
the floor the burning embers which she had dragged
from the hearth, so that the sailors were in deadly fear
lest a spark should reach the powder magazine and blow
up the vessel. When one of the officers remonstrated
with her on such dangerous conduct, she denounced
him as a rascal, and shouting out that she would break
his head, threw a can of water in his face. Her husband
joined in the altercation, and striking the officer with
his cane, and continuing to beat him until he was
" black and blue all over," ended by knocking him down.
At another time. Captain Crofts, being quite drunk,
his usual condition, staggered out of the cabin, sword in

> Colonial Entry Book, 1680-95, p. 210.

2 British Colonial Papers, vol. Ixi., No. 60, I. ; vol. Ixii., No. 20, II

i82 The Military System

hand, and in a raging humor, and swearing loudly at
the watch, threatened to kill the whole number, and
was so menacing that some of them took to the water
to avoid personal injury. " Belching out a thousand
oaths," he exclaimed that he had "come into the
country to get an estate, and that he would get one
before he left."i

That Crofts was determined to get this estate by
dishonest means, if necessary, was shown by his con-
duct on several occasions. In 1687, he boarded the
Daniel and Elizabeth just as it was about to pass out
though the Capes on its voyage to England. Having
ordered the captain to stop the ship, he refused to
permit her to continue on her way until he had received
bills of exchange for large amounts, and had also taken
out of her hold considerable quantities of valuable
commodities and merchandize, without even requesting
leave. 2 On another occasion, he detained Captain Sam-
ways under the same circumstances, and only suf-
fered him to proceed on his offering as a bribe eleven
yards of silk, two silver dishes, a silver tobacco box,
and a greatcoat.^ InfoiTned of these dishonest acts,
Howard summoned Crofts to Jamestown to answer for
them. The warrant was delivered to him at Wico-
comico in Maryland by the deputy sheriff of West-
moreland, who was accompanied by several assistants.
On its being handed to him, he looked fiercely at the
person presenting it and exclaimed: "Sirrah," and no
other form of acknowledgment could be got from him ex-
cept threats to break the heads of the officers and to put

' British Colonial Papers, vol. Ix., No. 52, I., II. Ill VIII
XII, XIII.

2 British Colonial Papers, vol. Ix., No. 52, VIII., XII.
J Ibid., vol. Ixii.. No. 20. X.

Foreign Invasion : Guard-Ships 183

them in the bilboes. When one of them demanded a
receipt for the summons, Crofts, shaking his cane at him
in a violent manner, ordered him and his companions to
go on board of the ketch, which was riding near. The
upshot of the interview was the return of the letter with
an insulting and obscene message for the sheriff of the
county. 1 The end of Crofts was in keeping with the
violence of his life, and followed perhaps from the
carelessness encouraged by his intemperate habits, —
his ship was overturned by one of those sudden squalls
so common in the Chesapeake Bay, and he and eight
of his sailors were drowned. 2

At this time, the Dunbarton was also stationed in the
waters of Virginia, but in the course of 1691, being
unserviceable and lying on the beach, she was broken
up and her guns and stores removed, as already stated,
to the fort at Tyndall's Point. Nicholson now re-
quested the English Government to send out to the
Colony a frigate and afire-ship.^ Howard condemned
the suggestion of a fire-ship on the ground that such a
vessel could not be made useful in the broad rivers of
Virginia; and in its stead, he recommended that the
frigate should be supported by a well manned and
thoroughly armed sloop. * The Wolf arrived in 1691,
under Captain Purvis's command, but she soon ran
her keel on the bottom at a shallow point in the Bay
between the mouths of the York and Rappahannock,
and was only saved by the exertions of a large number
of persons, who had been impressed to pull her back

1 British Colonial Papers, vol. Ix., No. 52, VIII.

2 B. T. Va., Entry Book, vol. xxxvi., p. 9.

3 Ibid., vol. xxxvi., p. 29; see also Appeal of Council to Commis-
sioners of Plantations, B. T. Va., 1690, No. xi.; 1691, No. 16.

^ B. T. Va., 1691, No. 19.

184 The Military System

into deep water. Purvis had made liberal promises of
reward to those assisting him in this emergency, but
forgot to keep them when his vessel was once more
riding in safety. This dishonesty raised such a great
commotion in the Colony that the fears of the Lieut. -
Governor and Council were aroused lest it should lead
to "dangerous consequences to the peace" of the
community; and they earnestly appealed to the
Committee of Plantations to provide the money to
pay whatever should be shown to be due.^

In the year in which the Wolf ran aground in the
Chesapeake Bay and came so near to going to pieces,
the Henry Pm^, another guard-ship, arrived in Virginia.
Captain Finch, who was in charge of this vessel, was
instructed to devote his attention entirely to defending
the Colony by sea, but, in doing so, to hold himself, at
all times, in readiness to carry out the commands
of the Virginian authorities. As soon as he re-
ported his presence, the Governor directed him to
station his ship at a point opposite the mouth of
the York River, and to make an examination of all
merchantmen passing by, either on the inward or the
outward voyage. On a hostile vessel appearing,
should he conclude that it was too formidable to
be attacked, then he was to retire under the pro-
tection of the guns of the fort at Tyndall's Point, and
to remain there until the enemy had vanished. 2 This

' B. T. Va., Entry Book, vol. xxxvi., p. 103. "Mr. William
Churchill, having at the last court made proclamation that all
persons which did service on board their Majesties' ship Wolfe
should repair to him, and be paid for ye same and all persons not
satisfied repair to this court, etc."; see Middlesex County Records,
Orders Jan'y. i, 1693.

2 Minutes of Council, 1691, B. T. Va., No. 59; see also Minutes,
Oct. 22, 1691, Colonial Entry Book, 1680-95.

Foreign Invasion: Guard-Ships 185

frigate seems to have been very poorly manned, and
even lacking in the proper number of masts. ^ As
many deserters from the crews of trading vessels were,
at this time, wandering at large in the Colony, the
Council ordered the justices of the peace for the dif-
ferent counties to arrest these vagabonds, and to send
them under armed escort to Tyndall's Point for en-
listment on board of the guard-ship, now lying there in
need of such a complement. 2 Captain Finch, like all
his predecessors, was strongly disposed to contemn
the orders of the Virginian authorities, although he had
been expressly made subservient to them. It was not
long before the Council lodged a complaint against
him of gross insubordination and great dilatoriness of
movement; and they also condemned his ship as a
"heavy sailer and ill roader," — a statement which
seems to lessen somewhat the force of the accusation
brought against the captain personally, as he was, no
doubt, in some measure, handicapped by a very inferior
vessel. So inferior, indeed, did it prove to be, that the
Council prayed the Committee of Plantations to sub-
stitute for it one sounder and more useful.^

Andros was instructed by the Lords of the Treasury,
in 1694, to hire several vessels, not to exceed forty tons
in burden, which, sailing up and down the coast of
Virginia, were to be constantly on the lookout for hostile
ships and illegal traders. They were to be placed under
the command of officers specially chosen for their
knowledge of that coast, and for their experience in
managing such boats; and in order to stimulate their
zeal in the performance of their duties, one third of all

> B. T. Va., Entry Book, vol. xxxvi., p. loi.

2 B. T. Va., 1692, No. 123.

3 Minutes of Council, July 6, 1692, Colonial Entry Book, 1680-95.

i86 The Militaiy System

the sums to be obtained from forfeitures for violations
of the Navigation Acts was to be bestowed upon them.
In accord with these instructions, Andros soon hired a
sloop of the prescribed burden and manned it with ten
seamen; but as the forfeitures for violations of the
Navigation Laws had already been granted to the
College of William and Mary, permission was sought
through Ralph Wormeley, the Secretary of the Colony,
to use, for the benefit of the sloop's officers and crew, a
certain proportion of the tobacco accruing from the
quitrents.^

In 1697, the Swift, under Captain Nathaniel Bost-
wick's command, seems to have been the only guard-ship
stationed in the waters of Virginia. But she soon came
to grief, for in passing along the coast at the hour of
high tide, she ran aground, and on the tide receding,
was left on the shore, from which it was found impossible
to remove her when the flood returned ; and she became
finally a complete wreck. 2 The Swift was succeeded by
the Essex Prize, a ship of a single deck armed with
sixteen guns, and manned by sixty seamen, a very
large complement. She was under the command of
Captain John Aldred, who complained that she was
fitted to hold her own against an enemy only so long
as the men were able to retain possession of her one
deck; driven from that, they would be forced to surren-
der, as there was no other section of the ship from which
they could continue to keep up their fire.^ Aldred
gave as little satisfaction to the Governor and Council

' Minutes of Council, November, 1694, B. T. Va., Entry Book,
vol. xxxvi., pp. 290, 297.

2 Ibid., March 7, 1697-8, B. T. Va., vol. liii. An inventory of her
properties stored at Colonel William Wilson's house at Hampton
will be found in B. T. Va., vol. viii., Doct. 37.

3 See letter of Aldred, July 30, 1699, B. T. Va., vol. lii.

Foreign Invasion : Guard-Ships 187

as his predecessors; they charged that his ownership
of stores in different parts of the Colony exposed him
to the temptation of bribes and preoccupied his atten-
tion; that he kept his vessel too long in James River,
and failed to obey an order to leave for a cruise in other
waters demanding as close inspection; and, finally,
that, lodging his seamen, during the greater part of
their time, on shore, he permitted them to wander in
every direction at their will, to the serious objection
of the planters on whose property they were making
constant depredations. ^ Aldred, in his own defence,
urged that his ship was so leaky in the bow that he was
unwilling to venture out in very bad weather for fear lest
the water, rushing in, should destroy all the stores; and
that, in reality, the vessel's entire structure was in need
of repairs not improbably beyond the skill of the car-
penters of Virginia to make. All the gun carriages too re-
quired renewing, and the supplies replenishing. Aldred
had already complained that his seamen, doubtless influ-
enced by these conditions, were constantly abandoning
the ship and flying to remote parts of the Colony, where
they entered the service of merchantmen ready to set
sail for England. 2 In order to assure him sufficient
men to take the place of these deserters, Nicholson
had authorized him to impress one sailor from every
trading ship arriving in Virginia with a complement of
seamen exceeding fifteen in number.^ At one time, the

' Letter of Nicholson to Captain Aldred, Oct. 25, 1699, B. T.
Va., vol. lii.

2 Letter, April 17, 1699, B. T. Va., vol. lii.

3 Letter of Nicholson, Jan'y 29, 1698-9, B. T. Va., vol. lii.
Aldred, it appears, had previously, on his own responsibility, been
forcing Virginians into his service. Mary Rickets complained
that he had impressed one Sykes "an inhabitant of this country
who was shortly to be married to her"; see Letter of Nicholson,
Sept. 15, 1699, B. T. Va., vol. lii.

i88 The Military System

Governor had become so impatient with his slowness
that he had sent him word that, unless he should be
ready for a cruise by the end of two weeks, he must
return to Jamestown, anchor his vessel, and discharge
his crew, as it was wrong to put the King to so much
expense when so Httle of importance was accomplished.^

The Shoreham, under the command of Captain Wil-
liam Passenger, arrived from England in 1699, and soon
proved itself to be the most capable guard-ship dis-
patched as yet to Virginia. Its chief officer brought
with him instructions, first, to obey all orders which the
Governor should give him with a view to ensuring the
Colony's safety; secondly, in case of a vacancy among
his officers, to promote any person under him whom he
deemed the best fitted for the position; and, finally,
should the number of his men run short, not to impress
others on his own responsibility, but to apply to the
Governor for recruits to make good the deficiency. 2

Nicholson ordered Captain Passenger to begin at once
to cruise in the Chesapeake, and off the entrance to the

1 Letter of Nicholson, Jan'y 4, 1699, B. T. Va., vol. Hi. Aldred,
on one occasion, declined to attack the pirates on the ground that
his vessel was not sufficiently manned; see Letter of Nicholson,
April 19, 1700, B. T. Va., vol. lii.

2 Instructions to Capt. Passenger, Nov. 16, 1699, B. T. Va.,
vol. viii., Doct. i8. Less than one year later, Passenger, with the
consent of Nicholson, was seeking to impress sailors from mer-
chantmen. "I cannot omit giving your excellency," he wrote in
April, 1700, "an account of those many threats of ye law and other
senseless language I met with by executing your warrant, and
taking one man out of fifteen from the Canterbury, by one Tregenny,
ye master of ye said ship, and he valued not ye order, there was no
law for pressing, but if his ship came to damage, he would lay it to
my charge, which I know not but this young uppish spark, which
is fitter for a school than be a master of a ship, may either through
wilfulness or ignorance, run the ship ashore, so I shall be liable
to be laid in jail fast, etc., " B. T. Va., vol. viii.

Foreign Invasion : Guard-Ships 189

Capes, and never to remain in harbor longer than could
be avoided, as this would offer illegal traders an oppor-
tunity to escape to sea, and pirates to attack merchant-
men without interference. He was directed too to
procure from England all the provisions he would need
for the coming year, as there was a prospect that victual
would run short in Virginia ; and also to purchase there
all his stores, as they could only be obtained in the
Colony at an extravagant price. ^ The Council recom-
mended that a small sloop should be bought to serve
as a tender to the Shoreham, so that the latter vessel,
being thereby more conveniently supplied with wood
and fresh water, might not be compelled to discon-
tinue cruising even for a short time. Such a sloop, it
was urged, having a light draught, would be able to pass
into shallow creeks and inlets which the larger ship could
not venture to enter, and thus lurking pirates could be
the more easily and quickly detected. It might also
be fitted out as a fire vessel, should any occasion promise
to make it effective in that character. A sloop was
bought, and no doubt proved to be of great use. 2

1 B. T. Va., vol. viii., Doct. i8.

2 Ibid., Doct. 18.

'CHAPTER XV

Foreign Invasion : European Foes

WHILST the guard-ships were designed in part
to enforce the Navigation Laws by summary
seizures of all ships seeking to evade them, the
forts situated along the inner coast line were erected
for the single purpose of affording protection against
foreign invasion. Who were the foreign enemies
causing the colonists the greatest alarm? From the
foundation of the earliest settlement, the inhabitants
of Virginia were, from time to time, apprehensive of an
attack by some European foe. The site of Jamestown
was chosen principally because it offered many ad-
vantages in resisting an assault, should one be made;
and the determination to maintain a fort at Point
Comfort, which, as we have seen, continued so long, had
its origin in the impression that a fortification on this
spot would, by commanding the channel, bar the further
progress up the river of any hostile vessel seeking to
pass. It was for many years confidently expected that
such a fortification here would ensure the absolute
security of the plantations lying above. Before the fort
was finished, it was the Spanish nation that the people
dreaded the most, for it was well known to all that that
nation, claiming the whole of Virginia, had, in menac-
ing language, protested against its colonization by the
English. Apprehension lurked in the first settlers'

190

Foreign Invasion : European Foes 191

minds lest the horrible massacre by which a Spanish
army had destroyed the Huguenots seated at Fort
Caroline in Florida should be repeated at any hour on
the banks of the Powhatan. On several occasions,
the alarm was raised at Jamestown that Spanish ships
were actually coming up the river; and indeed, during
those early years, the first sight of a sail glimmering
remotely on the bosom of the stream as it expanded
towards the south caused exclamations of doubt,
suspicion, and fear among the spectators. Every
man was ready to spring to amis should it be announced
from the lookout that a Spanish vessel was really
approaching. No such vessel ever appeared, and no
Spanish soldier entered the Colony except as a spy;
but as late as 1626, the authorities were instructed
by the English Government to expect daily the " com-
ing of a foreign foe," and to exercise extraordinary
precautions in allowing persons to go on board of a
newly arrived ship, as, under the disguise of common
traders, enemies might find their way into the heart of
Virginia, and then casting off all pretension of harmless
designs, overthrow the plantation.^

The wisdom of this instruction deeply impressed the
minds of Yeardley and his Council, to whom it was given.
At a meeting held in January of the same year, they
considered, with great care, all the dangers which might
arise on an enemy's landing, should no plan of action
looking to repelling him have been adopted beforehand.
An order was despatched to Captain William Tucker,
stationed at Elizabeth City, that, so soon as such a
number of suspicious ships should come in sight as to
arouse his apprehension, he was to send a messenger to
Jamestown to announce their arrival; afterwards, he

' Instructions to Yeardley, 1626, Robinson Transcripts, p. 46.

192 The Military System

was to proceed in all haste to gather up the cattle,
women, and children and to remove them to Mathews
Manor; and, finally, he was to be ready to carry deep
into the woods whatever victual might be of service to
the enemy were it left behind to fall into their hands.
Should any person be detected parleying with, or mak-
ing signs to them, he was to be tried by a court-martial,
and if found guilty, led out to immediate execution.
Should the foe be one with whom the local militia
could successfully cope, then the commander was to be
slow in setting fire to the planters' houses in order to
prevent that foe from occupying them. He was to be
instructed to "lose them by degrees"; that is to say,
to bum them down only when their seizure appeared
to be inevitable.*

Such was the spirit which would have animated the
Virginians of these early times had the Spaniards stolen
into James River and attempted to ravage the land with
sword and torch; such were the provisions for defence
had an attack been made by them, however suddenly
and unexpectedly. When the fleet sent over by Par-
liament, in 165 1, to overawe the population, arrived,
it met such a formidable show of resolution and force
that far more favorable terms of surrender were granted
than the Commissioners themselves perhaps had antici-
pated offering. Although all were ready at a moment's
notice to resist invasion, the exemption from it for so
many years had the natural effect of lulling the in-
habitants into a feeling of security; by the middle of
the century, apprehension of a Spanish attack had
entirely passed away; and no other attack was now to
be expected except from an enemy against whom the
English had proclaimed open war. As the French and

> Robinson Transcripts, p. 59.

Foreign Invasion : European Foes 193

Dutch, unlike the Spaniards, did not regard Virginia as
a part of their territory, the danger of a furtive though
deadly assault by them without a previous announce-
ment to England that hostihties had begun, was not
within the range of probability. Information of a
declaration of war by either of these two nations was
certain to be sent to the Colony by the English Govern-
ment; and should the Colony be found unprotected
when invasion came, it would not be from any lack of
warning. Nevertheless, there was observed among the
Virginians a disposition to minimize the prospect of
an attack even when the news had reached them that
the Mother Country was involved in war. Berkeley
noticed this feeling on their part in 1666 when hostilities
with the Dutch had been under way for some time ; writ-
ing that year to Secretary Arlington, he declared that
they "lived after the simplicity of the past age"; and
that unless immediate danger gave " their fears tongue
and language, they forgot all sounds that did not con-
cern the business and necessities of their farms. "^

During the previous year, when DeRuyter was ex-
pected to descend on the coasts of Virginia, Berkeley
had called out a body of fifteen hundred dragoons ; and
on the same occasion, had ordered several regiments of
footmen, numbering twenty-five hundred men, to hold
themselves in readiness to march on two days' warning.
"No enemy," he justly boasted, "can make any use
of their heavy guns half a mile within our thick woods. "^
These woods almost everywhere began at a short

> "As we are further out of danger," added Berkeley, "so we
approach nearer to Heaven with our prayers that our sacred
Majesty's enemies may either drink the sea or bite the dust";
Letter, May i, 1666, British Colonial Papers, vol. xx., No. 63.

2 Berkeley to Arlington, Aug. i, 1665, British Colonial Papers,
vol. xix., No. 86.

VOL. II 13

194 The Military System

distance from the banks of the navigable streams; and
although a foe might land, he could not pursue effec-
tively in a country so covered with forests. All the
merchantmen which happened to be riding in the
waters of the Colony at this critical moment were
ordered by the Governor to drop anchor opposite James-
town, Tyndall's Point, Pungoteaque on the Eastern
Shore, or the forts situated on the Rappahannock, such
as should chance to be the nearest. It seems to have
been the plan to erect at once at each of these places,
in addition to whatever fortifications already existed
there, should any exist at all, a temporary platform to
support a battery ; and also to throw up entrenchments
for musketeers. It was hoped that this combination,
together with the guns of the ships themselves, would
afford ample protection for the merchantmen, although,
had DeRuyter's fleet really arrived in full force, it is
not probable that it would have found any serious
difficulty in destroying these vessels. Berkeley was
requested by the Council to procure from England at
the first opportunity all the ordnance which the new
platforms would require; and he was also impowered
to ask the King for authority to take from every
trading vessel reaching the Colony at least two cannon.
These heavy guns, should the King consent, were either
to be restored as soon as the ships were ready to re-
turn oversea, or paid for in full from the income accru-
ing from the tax of two shillings on each exported
hogshead.^

The following year (1666), DeRuyter not having
appeared in the interval, the fleet of merchantmen
assembled just before setting sail in a body to England ;
and Berkeley having marshalled the whole number into

• Va. Maga. of Hist, and Biog., vol. v., p. 23.

Foreign Invasion : European Foes 195

a single squadron, appointed three of the captains re-
spectively admiral, vice-admiral, and rear-admiral. He
ruefully admitted afterwards, however, that three
"well prepared men of war" could easily have de-
stroyed or put to flight this entire fleet. ^

Within a few weeks, a Dutch man-of-war was sighted
as she passed in between the Capes. General Richard
Bennett was at this time attending a sitting of the Coun-
cil at Jamestown. Being the commander-in-chief of
the district south of the James River, he was instructed
to summon at once all the officers and justices residing
within the bounds of that district to appear at such
places as he should name, and there take prompt steps
to secure boats and sloops for the crews to be formed to
watch the enemy's movements and, if possible, to pre-
vent his committing depredations on land. Bennett
was fully impowered to impress all the smiths and
carpenters he should need to repair his vessels, and to
seize cordage, sails, and whatever else he should require.
The orders given to the senior officers of the districts
embracing York county and the Eastern Shore respec-
tively, were the duplicates of those given to Bennett. ^

These precautions do not seem to have availed very
much, for by the tenth of July, the Dutch man-of-war
had succeeded in capturing two merchantmen. So
soon as he received news of this fact, Berkeley ordered
Major Powell, who was in command of twenty men at
Point Comfort, to bury all the ordnance lying at that
place at least four feet deep, and afterwards to remain
on the spot to prevent the enemy from landing and
finding the guns. Colonel Yeo, who was also in com-

> Berkeley to Arlington, May i, 1666, British Colonial Papers,
vol. XX., No. 63.

» Robinson Transcripts, p. 117.

196 The Military System

mand of twenty men stationed at Elizabeth City, was
directed to relieve Powell in case he should need aid;
and in his turn, Powell was to relieve Yeo, should he
also require assistance.^

No further captures seem to have been made by this
vessel, but in the course of the following year (1667),
four Dutch men-of-war, armed altogether with one
hundred and fourteen guns, appeared off the Capes.
At this time, twenty merchantmen were lying in the
waters of the James and York. Had they been able
to combine their strength, it is not improbable that
they could have defeated even this formidable array
of hostile ships, but separated as they were, the chance
of doing so was very small. The Dutch first destroyed
the guard-ship Elizabeth. This was accomplished by
means of a fire-ship consisting of a captured trading
vessel. The task was not a difficult one, as the Eliza-
beth, being without masts and in a very leaky condition,
was unable to leave her anchorage, and after she was
struck was soon consumed ; but not until ten brass and
twenty-seven iron guns had been saved by her crew.
Having destroyed this vessel, the Dutch man-of-war
went in search of the merchantmen lying in James
River, some of which they were able to capture as soon
as they came up with them ; but some they were forced
to pursue for a great distance before they were success-
ful in overhauling them. While the enemy was thus
engaged, Berkeley sent Thomas Ludwell in haste to
York River with orders to the chief officers of the
merchantmen riding in that stream to assemble their
ships at once, and hold them in readiness, not simply
to resist, but to make an attack. Ludwell, however,
soon saw that the captains were in a state of panic, and

1 Robinson Transcripts, p. 1 1 6.

Foreign Invasion: European Foes 197

that, unless encouraged by the Governor's influence and
example, would never consent to go to the assistance of
the distressed merchantmen in James River. Berkeley-
was at once informed of this, and although, at the
moment, busy in strengthening the fortifications at
Jamestown, he hurried to York; but in spite of his
urgent and even angry remonstrances, he could only
prevail on the officers to go after the enemy by promis-
ing that the owners of the ships should be indemnified in
case any of the vessels were sunk or captured, and that
the contents of any man-of-war they might seize should
belong to the officers and sailors alone. All the sea-
men who could be recruited from on shore, as well as all
the ordnance which could be gathered up, were added
to the crews and armament of the fleet of merchant-
men. Under no circumstances did the passionate but
brave old Governor appear to more advantage than in
just such an emergency as had now arisen. He in-
sisted upon placing himself in chief command of the
vessels; and to hasten their departure, went on board of
the flagship accompanied by five members of his Coun-
cil and by a band of forty gentlemen representing the
principal families of the Colony. It was estimated
that the force under his orders numbered as many as
one thousand men, occupying nine large vessels. They
expected to be opposed by five Dutch warships with
crews aggregating about four hundred men and boys.
Not even the presence and authority of the impatient
Governor could prick the captains on to act with
promptitude; offering one excuse or another, they
put off sailing for several days, although Berke-
ley stormed at them, and Ludwell charged them
with cowardice; and when they did finally start to
the assistance of the merchantmen in James River, it

198 The Military System

was too late. The enemy had disappeared with
thirteen captured vessels as prizes in their train.
Five or six others they had been compelled to bum
to the water's edge because they were unable to man
them.^

In 1673, England being again at war with Holland,
the English authorities instructed the Governor and
Council to place the Colony in a state of defence, as
there was reason to anticipate that several Dutch ships
would be soon dispatched to ravage the plantations and
destroy the merchantmen riding in the different rivers.
Berkeley, having promptly appointed Sir Henry
Chichely Lieutenant-General, ordered all the major-
generals and colonels to draw their regiments together.
If one man possessed more guns than he could use, he
was to supply a neighbor who was lacking in arms;
such muskets as were found unfixed were to be fixed at
once; whilst the shot and powder belonging to private
persons were to be held in readiness for instant delivery
to the proper officers ; and so also with all accumulations
of ammunition kept in the stores for sale. As the
enemy was expected to make his appearance very
suddenly, the commander of the militia in the vicinity
of where a merchantman was lying, was directed, on the
first alarm, to hurry fifty soldiers on board for its
defence; and if there was more than one vessel to be
protected, then each was to receive the same comple-
ment of men. On the second alarm, the remaining
soldiers were to be marched at once to the nearest fort
to strengthen its garrison. ^

Though Berkeley was now an old man, he showed

> British Colonial Papers, vol. xxi., Nos. 61, 62.
' Robinson Transcripts, p. 259; Records of General Court, vol.
1670-76, p. 141.

Foreign Invasion : European Foes 199

remarkable vigor and energy in preparing every part
of the Colony against attack. Hurrying about with all
the activity of youth, he freely exposed himself by night
and day, on land and water, in his zeal to animate all
with his own resolute spirit ; for days he is said by those
who observed his conduct at this time, to have scarcely
ate or slept, to the imminent hazard of his health. He
was seen now on the seashore, now in the heart of the
Colony, invoking, exhorting, and encouraging the of-
ficers, soldiers, and workmen. ^ So critical an hour was
highly congenial to the bustling, impatient, and fearless
qualities of the man; and for these qualities he now
found a far more honorable vent than he did a few
years later when the mass of the common people had
been driven to rebellion by the intolerable burdens he
had been largely instrumental in imposing on them.
It is quite probable that the excitement of the Dutch
War, followed up so soon by all the violent scenes of
the Insurrection, had some influence in producing in
him, after Bacon's death, that intemperate state of
mind which fell little short of actual insanity. It is
one of the most dramatic contrasts in colonial history
that during one year this celebrated Governor should
have exhibited such patriotic energy in repelling
foreign invasion, and three years later, should have
found himself involved in an internecine strife which
his own conduct had been so powerful in precipitating.
One of the principal reasons for apprehension in
1673, when the Dutch were expected to descend on the
shores of Virginia (and the same fears had been also
entertained in 1667), was as to how the servants and
•slaves would bear themselves in so great an emergency.

' See Letter from Va. Council to the King, British Colonial
Papers, vol. xxx., No. 71,

200 The Military System

Would the turbulent element among them seek to co-
operate with the enemy, or would it remain loyal to
master and mistress? Berkeley himself has recorded
that, when the soldiers left the plantations to defend
the coasts, they did so with profound anxiety as to what
might, during their absence, happen to their families and
estates. There were now almost as many servants
alone as there were freemen ; and no better proof of the
extraordinary distrust in which, at this period, that
class of the population was held could be offered than
the fact that its members were not permitted to join
the militia at an hour when every additional man was
so highly prized. No doubt, it was hoped by the
planters summoned to the ranks that the servants
who were well disposed and contented would exercise
a controlling influence over the servants who were not,
and thus assure the safety of wives and children left
behind at home without other protection.

Nor were the departing soldiers' fears directed only to-
wards the desperate or dissatisfied persons found among
the servants and slaves, — there were in Virginia at this
time many freemen of a very rough character, whose
small estates, however fertile, did not afford them
anything more than a subsistence in spite of their
arduous and prolonged labors; and there was also an
even larger number who were heavily burdened with
debt contracted in the effort to earn a livelihood by
cultivating tobacco in a poor soil. Both of these
sections of the community were perhaps more restless
and discontented than the lower element among the
servants and slaves, who at least were supplied with an
ample quantity of food. It was not unreasonable in
the planters, as they went forth from their homes to
repel the Dutch, to think that, should the enemy obtain

Foreign Invasion : European Foes 201

the advantage in the impending conflict, these men,
though as much freemen as themselves, might be
tempted to throw off their allegiance in the hope of
sharing in the plunder of the country, or of bring-
ing about in other ways some improvement in their
condition.

Brave and confident as Berkeley himself was, he
confessed to some misgivings as to the outcome of the
war, not on account of the possible attitude of dis-
affected servants, slaves, and freemen, but on account of
the possible attitude of the soldiers themselves when
exposed to the trying uncertainties, hardships, and
privations of actual hostilities. Owing to the scarcity
of provisions, it would be impossible to keep so large
a body of men in one place; they would be compelled
to move about from camp to camp. Moreover, not
having been seasoned by harsh experience to the fright-
ful features of a real battle, the most absolute reli-
ance could not be put in their courage when confronted
with an enemy so hardened to the sound of cannon and
musketry as the Dutch, known to be among the
stoutest-hearted fighters in the world. These appre-
hensions of Berkeley proved to be wholly groundless.
So active were the militia in their movements, so bravely
did they face the enemy whenever he sought to make
a landing, that he was forced to retire without inflicting
any damage, or even securing the fresh water so much
needed now by the crews of the hostile ships. The
merchantmen which had failed to take refuge under the
guns of some one of the forts, alone suffered, but only
a few had been too slow in seeking such protection.^

The prospect of but one other invasion disturbed the

1 Letter of Berkeley and Council, dated July i6, 1673, British
Colonial Papers.

202 The Military System

Colony's peace during the remainder of this century.
Whilst the war which broke out between the English
and French about 1690 was in progress, there was much
popular apprehension lest a French fleet should ravage
the coasts of Virginia and bum or carry off the mer-
chantmen anchored in the different streams. As soon
as news reached Jamestown that there was momentary
danger of an attack by such a fleet, the Governor issued
a proclamation appointing certain places in each of the
principal rivers where the trading ships were to ride for
protection. Sandy Point above Jamestown island was
selected for the upper parts of the James ; and a bend in
the Elizabeth beyond the town site for the lower parts.
In the Nansemond, the vessels were to sail up stream
until they had passed the fort ; in the York, they were
to proceed to a bay west of the fort at Tyndall's Point;
and in the Rappahannock to the neighborhood of the
fort situated on the Corotoman. In all these cases,
the vessels would be sheltered from pursuit by the
intervening fortification. Should a merchantman,
when the warning proclamation reached its captain,
happen to be riding in a river on which no fort had been
built, then it was to weigh anchor, and move as far up
stream as the water's depth should permit; in this way,
it was quite certain to escape attack, as the French
men-of-war, requiring a greater number of fathoms,
would be unable to follow except at an imminent risk
of running aground. Minute and farsighted as these
precautions were, they fortunately proved to be un-
necessary, as the French, not being as bold sailors
as the Dutch, made no effort to send a fleet oversea
to molest the colonists.^

1 B. T. Va., 1690, No. 3; see also Essex County Records, vol.
1692-95, p. 181, Va. St. Libr.

CHAPTER XVI
Foreign Invasion : Pirates

PERHAPS the foreign enemies most often arousing
the apprehensions of the Virginians during the
latter part of the Seventeenth century were the
pirates, who, in these early times, made such frequent
descents on the American coasts without giving the
slightest warning of their approach. They were at
war with all mankind, and their depredations were not
preceded, as in the case of an ordinary foe, by any
declaration of hostilities; they would arrive under the
cover of night, carry their ravages along the nearest
shores, or overhaul all the vessels they met in the course
of the following few days, and then sail away into the
unknown ocean ; or they would land upon some outly-
ing deserted island in order to secure water and fuel,
and then, when that object was accomplished, dis-
appear without disturbing the inhabitants of the
mainland.

One of the earliest instances of a pirate ship entering
the Capes of Virginia occurred in 1682, in which year
such a ship made its way up the Bay as far as the mouth
of the York, where it anchored, perhaps because the
captain was in a state of some doubt as to whether
it would be safe to run by the platform at Tyndall's
Point. This, however, did not prevent him from send-
ing up the river several boats manned by strongly

203

204 The Military System

armed crews who, landing on the plantations of Mrs.
Rebecca Leake and Mr. John Williams, and visiting
their residences, carried off a large quantity of valuable
articles. These buccaneers had found their way into
the waters of Virginia with the hope that they would
be able to rifle the numerous vessels, sloops, and shallops
constantly passing in and out between Capes Charles
and Henry. The Council, having been informed of
their presence, ordered Colonel William Cole to impress
a bark or ketch, twelve barrels of pork, and a full com-
plement of men, and to start at once in pursuit.^ These
pirates were not captured until they had reached the
coast of Rhode Island, and from thence they were
brought back to Virginia in irons. Imprisoned in
Middlesex county, they contrived to break out of jail
and escape. Two, however, were soon overtaken,
seized, and conveyed to Jamestown, and there tried and
sentenced to be hanged. One of the men thus convicted
was a native of Poland. Both of them managed to get
away the night before the day set for their execution;
but after successfully eluding recapture, returned and
voluntarily gave themselves up. They declared that
they were now ready to die, and that they had fled and
concealed themselves for the few days they were absent
merely to prepare themselves the more carefully for
their approaching end. This curious speech made such
a deep impression that numerous petitions begging for
their unconditional pardon were received by the
Governor; and he was so much in sympathy with the

> Minutes of Council, June 25, 1682, Colonial Entry Book, 1680-
95, p. 129. Cole seems to have impressed the sloop belonging to
a Mr. Dunbar, who, for its use, as well as for provisions supplied
and services furnished, was allowed fifteen hundred and fifty-five
pounds of tobacco; see Public Levy, Nov. 10, 1682. Colonial Entry
Book, 1680-95.

Foreign Invasion : Pirates 205

prayer that he respited the culprits until the King
should decide whether they should not be released
altogether. ^

In 1683, the year following these buccaneers' capture,
Virginia was infested with pirates to a greater degree
than usual. Secretary Spencer, writing to one of the
English Secretaries of State, declared that the force
mustered by some of their vessels appearing in the waters
of the Colony was so strong that it would be foolhardy
and headstrong in the captain of the guard-ship, which
was manned by only eighteen officers and sailors, to
attempt to attack them; and that all that could be
properly expected of this ship was that it should be
on the watch for the arrival of these "land and sea
robbers," and as soon as they came in sight, carry
intelligence of their presence to the nearest authorities. ^
It would seem that the buccaneers would sometimes
endeavor to conceal their true character in order the
better to hide the purposes of depredation which they
had in view ; and this was so notorious that the Council
felt called upon in 1683 to issue an injunction to the
pilots belonging to the several rivers not to serve a ship
whose actions raised the suspicion that it was a piratical
craft seeking for the moment to disguise itself. ^

So numerous were the pirate vessels hovering in the
Chesapeake about 1684, that it was found necessary
to adopt regulations for the guidance of the military
authorities when aiming to destroy or drive them off.
A proclamation now issued by Howard provided that,
as soon as a piratical ship was discovered riding in the

1 Minutes of Council, Dec. 13, 1682, Colonial Entry Book, 1680-

95. P- 147-

2 Spencer to Secr'y Jenkins, British Colonial Papers, vol. li.. No.

30-

3 Colonial Entry Book, 1680-95, P- ^^°-

2o6 The Military System

waters of Virginia, the principal commissioned officer
of the district in which it was seen was to send infor-
mation of the fact to the Governor, or the member of
the Council whose residence happened to be the nearest ;
and having done this, he was to call together all the
militia of the surrounding country and distribute them
among the places seemingly in the greatest need of
defence.^ That the most energetic steps were taken
in accord with these regulations to repel the buccaneers
was shown by the report of Howard himself the follow-
ing year: although the "pilfering pirates," he declared,
had succeeded in doing some harm to the inhabitants
of those parts of the Colony where they had landed,
they had been pursued with great promptness, and many
having been captured before they could find a refuge in
their ships, the worst of the band were very soon exe-
cuted. 2 Nevertheless, freebooters of the same des-
perate character continued to descend upon the coast.
The difficulty of resisting them successfully was, at
this time, so great that the King, in 1685, offered a gen-
eral pardon to all who would abandon their unlawful
life and surrender themselves to any Governor or Com-
mander-in-chief belonging to the plantations. A limit
of three months within which to submit was allowed
to those pirates who, at the date of the royal proclama-
tion, happened to be scouring the waters of the North
Atlantic; and of six to those more remotely situated.
After yielding themselves up to the King's representa-
tives, they were to set out for England, in order to ob-
tain their pardon in person, and to give security for
their future good conduct. Every pirate refusing to
take advantage of the opportunity afforded him to

' Colonial Entry Book, 1680-95, p. 200.
2 British Colonial Papers, vol. Iv., No. 122.

Foreign Invasion : Pirates 207

relieve himself of the legal consequences of his evil
occupation, was to be subject to the forfeiture of his
life and estates, should he be captured. ^

This proclamation does not appear to have lessened
the number of piratical vessels infesting the waters
of the Colony. In February, 1687-8, the guard-ship
Dunharton succeeded in capturing a large number of
buccaneers who had come to anchor within the limits
of Accomac county.^ At this time, as well as later,
several of the outlying islands of the Eastern Shore
were the favorite resorts of these sea-robbers, for here
they could always obtain fresh water, and sometimes
even secure beef and pork by killing the cattle and hogs
running wild in the marshes.^

In this age, there was but a narrow line of division
between the pirate and the privateer. Many privateers,
after preying upon the enemy's commerce, did not
hesitate to rifle any ship, whether belonging to their
own or a friendly nationality, which happened to cross
their track. Though keeping these latter acts in the
dark, the crew of such a vessel were no doubt much
inclined to boast of their achievements against an
acknowledged enemy. So great was the quantity of
plate, coin, precious stones, the rarest silks and cost-
liest cloths, captured by many of these so-called pri-
vateers that the accounts of their success reaching the
Colony from time to time were thought by some of the
Governors to tend to demoralize the population in
the pursuit of their usual avocations. It was reported

• Howard issued this proclamation in Virginia. It was dated
May 2, 1687; see British Colonial Papers, vol. Ix., No. 58.

* Colonial Entry Book, 1680-95, P- 270.

' See Report of Col. John Custis to Council, May 15, 1691, Colonial
Entry Book, 1680-95.

2o8 The Military System

in Virginia, in 1692, that a ship of this kind, which
pretended to be from the Red Sea, had not long ago
arrived in South Carohna ; and that its officers and sea-
men had stated that they had recently divided among
themselves two thousand pounds sterling (equal to
at least forty thousand dollars in purchasing power)
taken from the coffers of a Moorish vessel overhauled in
the course of their last cruise. " I fear," wrote Nichol-
son in deprecation of the sensation which this news
had caused in the Colony, " that, if such people be en-
couraged, it may prejudice his Majesty's service by
debauching the inhabitants to make them leave plant-
ing and following ye same trade." And in conclusion,
he added : " I very much fear these sort of privateers
or rather pirates when they have spent lavishly what
they have got, then they are ready, if not before, to
make disturbance in the Government."^

There seems to have been some ground for Nicholson's
thinking that many of the colonists would be led away
by the privateers' rich captures. This booty, whenever
it was brought into Virginia, where it was always
seen by many persons, was well calculated to dazzle
the eye and over-stimulate the imagination of the
beholder. In 1688, for instance, the captain of the
guard-ship Dunbar ton arrested three men who had in
their possession an almost incredible amount of
treasure, in the form of broken silver plate, foreign
money, and silver bullets, the whole, which filled
several chests, weighing from four hundred to five
hundred pounds. As it was suspected that these
articles had been taken from a ship wrongfully
captured, they were carried off to England by

' Letter of Nicholson, July 16, 1692, B. T. Va., Entry Book, vol.
xxxvi., p. 207.

Foreign Invasion : Pirates 209

Howard, and there delivered to the Government.^
The incident excited lively comment in the Colony,
and descriptions of the precious metal did not grow
less graphic in passing from mouth to mouth. It
was supposed by some persons of those times that the
cupidity thus aroused induced many people to give a
friendly reception to the buccaneers when they under-
took to land. " If the pirates have not supplies and a
market for the goods that they plunder and rob," wrote
Robert Quarry, of Philadelphia, to Governor Nicholson
in 1699, "they would never continue in these parts of
the world." 2 There is no proof, however, that such
marauders found any section of the population of
Virginia disposed to enter into practical collusion with
them, either by purchasing outright their ill-gotten
merchandise, or by furnishing them with victual in
exchange for it.

In June, 1699, a ship, having among its passengers
sixty pirates belonging to the band of the notorious
Captain Kidd, and loaded down with Eastern merchan-
dise of extraordinary value, arrived in Delaware Bay,
after an unbroken voyage from the island of Madagascar.
It was under Captain Shelley's command, who admitted
that he had obtained his cargo by trading with the
pirates in those remote waters. Eighteen of the
buccaneers brought over remained at Cape May, while
nine, having secured a sloop, made their way towards
Virginia, possibly with a considerable quantity of goods
for sale in that Colony. In the meanwhile, other small
vessels were expected from New York, which were to

> B. T. Va., 1690, No. 1; 1691, No. 47. The names of the three
men were Edward Davis, John Hinson, and Lionel Delawafer.
The seizure of this treasure led to a long controversy.

2 B. T. Va., 1699, vol. vii., p. 79.

VOL. II. -14

2IO The Military System

convey thither the rest of the merchandise. Informa-
tion of this ship's presence in the Jerseys, and the
departure of a part of its crew for Virginia, was prompt-
ly sent to Governor Nicholson, so that he might take
steps to arrest them so soon as they arrived.^ Nor
were these the only marauders whom that officer was
called upon to look out for during the same year; in
1699 also, a large band of pirates landed on Block
Island within the limits of Rhode Island. Having
removed to shore all their booty, which happened to be
in the form of money and plate, they allowed their ship
to sink, and then breaking up into separate bands, they
dispersed in several directions. One of these bands was
reported to have turned its face towards Virginia ; and
news of this fact having reached Nicholson, he issued
a proclamation ordering their capture so soon as they
were discovered to be within the bounds of the Colony. 2
A short time after this proclamation was published,
Thomas Wellbum, the sheriff of Accomac, sent the
Governor word that Mr. Matthew Scarborough had
lately informed him that he had conversed only a few
days before with two persons who had recently visited
a ship belonging to Captain Kidd, then lying off the
coast ; and that they had stated that this vessel carried
a very large complement of men, and that it was armed
with forty- two cannon. The sloop accompanying her
had on board eighteen additional guns. It was also

1 Robert Quarry to Nicholson, June 2, 1699, B. T. Va., vol. vii.,
p. 79. Quarry declared in this letter that the people of the Jerseys
assisted Captain Shelley, though suspected of being a pirate him-
self, and certainly known to be in collusion with pirates. "Not
a magistrate of this country," he wrote, "will concern himself,
but exclaims against me for disturbing the men that bring money
into the country."

' Minutes of Council, June 8, 1699, B. T. Va., vol. liii.

Foreign Invasion : Pirates 211

reported by these two witnesses, probably with consid-
erable exaggeration, that the ship contained treasure
amounting in value to five hundred and twenty thou-
sand pounds sterling; that there were not less than
thirty tons of precious metal stored below deck; and
that when this cargo of fabulous wealth was divided
up, each pirate would be entitled to four thousand
pounds in gold and silver.^

Only a few days before Wellbum's letter was written,
Captain Aldred, of the Essex Prize, hsid sighted the pirate
ship in Lynnhaven Bay , to which waters she had leisurely
gone from the coast of Accomac. He described her as
being an English built vessel, equipped with about
thirty guns, and with the King's colors and a red flag
flying at her maintop masthead. He learned that she
was known sometimes as the Alexander, and sometimes
as the Providence Galley; that she was under the com-
mand of one John James ; and that she was manned by
a crew of thirty. Aldred promptly bore down on her
when she came in sight, but having been received with
a sharp volley, and deeming his own force, owing to the
absence of seven of his seamen on shore, insufficient,
he stood off; and soon returning to the north side of
the river, sent a dispatch to the Governor to inform him
of the pirate's presence. Finding themselves unmo-
lested, the buccaneers now began to plunder every
boat, sloop, and ship that passed within their reach.
First, they seized a flyboat, and having stripped her

1 Letter of Wellbum dated "Chincateaque, June 29, 1699,"
B. T. Va., vol. Hi., p. 40. The ship and sloop together were
manned by a crew of one hundred and thirty. Wellbum's words
were: "Mr. Matthew Scarborough informs me that one Stretcher
and Peter Lewis of ye Whon'kill was aboard of Kidd, and they
reported, etc. " These two men had merely visited the pirate ship,
though described as having "formerly been of the same function. "

212 The Military System

of her main and top sails and her best bower anchor,
they next rifled her of one hundred pounds of merchan-
dise of various sorts. Not content with this, they
forced eight members of her crew to join them. A
second sloop was robbed of its entire cargo of wheat.
The same night, the pirate ship moved out of the Capes
with the intention, as was shown afterwards, of stopping
any vessel which might be observed to be making its
way in. On the following morning, the Roanoke, a
merchantman, was peremptorily ordered to lower her
flag, as she was about to enter the Bay. Her captain
noticed that many of the buccaneers (who had soon
mounted to his deck) had gold chains suspended about
their necks; and that their leader had attached a gold
toothpick to the one he wore. This leader, having
hastily read the Roanoke's clearance papers, directed
his men to seize that vessel's sloop, and having loaded
her with the pork, peas, and other foodstuffs forming
a part of the Roanoke's cargo, to carry them on board
his own ship; at the same time, he assured the captain
of the Roanoke that he had no reason to be alarmed
for his own personal safety. The pirates were soon
engaged in removing the articles, which consisted of
sixteen barrels of pork, one barrel of tallow, twenty-
nine bushels of beans, several casks of water, and a
large number of firelocks and carpenter's tools, to-
gether with a great quantity of rope and ammunition.
While this was in progress, the commander of the
merchantman was compelled to leave his ship and to
go on board of the pirate vessel, whose captain, after
conversing in the cabin with him for some time, ordered
him to fetch a large quantity of fresh water kept in the
fly boat, but the tide preventing him from returning
promptly, the buccaneer leader, becoming impatient,

Foreign Invasion : Pirates 213

set out in person to bring both him and the water back ;
and the commander of the Roanoke was detained on
board, until, night coming on, the ship weighed anchor
and moved out to sea.^

The captain of these pirates did not confine his
seizures to the provisions he needed, but forced two
officers of the Roanoke, one of whom was the mate, to
abandon their ship and accompany him. There was
already included among the members of his crew a
sailor whom the merchantman's commander had
recognized as formerly belonging to a brigantine
recently captured by the buccaneers; and it was by no
means improbable that a large number of his compan-
ions had been originally impressed like himself. This
was an ordinary occurrence in these early times. As
a rule, the men so taken were in the beginning carried
off against their will, but they soon became reconciled
to their new situation when they found themselves
rewarded at a rate far higher than any they had ever
before known. Among the buccaneers tried at Eliza-
beth City near the end of the century, was one who
stated that, when he was brought a prisoner on board
of the pirate ship, the captain consoled him by saying:
" You have been serving in a merchantman for twenty-
five shillings a month. Here you may have seven or
eight pounds a month if you can take it. "2 The utter
helplessness of the captive's position compelled him to
resign himself to his fate, and many who, left to their
own guidance, would have shrunk back in horror from
the thought of complicity in murder and robbery, no
doubt, in time, under the seductive influence of a share

1 Letters of Captain Aldred, B. T. Va., vol. Hi., p. 40. The de-
scription of the pirate appears in a letter from Aldred dated Jvily
26, 1699. ' B. T. Va., vol. lii., p. 55.

214 The Military System

in the booty, took rank among the boldest and most
energetic of these outlaws.

After the Roanoke was released, she directed her
course towards Annapolis in the Province of Maryland,
but news of her adventure was soon brought to the
Governor and Council at Jamestown. As these officers
were confident that the pirate ship was still hovering
off the coast, and might at any time reappear within
the Capes, they issued a proclamation providing for
a strict lookout at every point where she was likely
to be seen. The commanders-in-chief of the militia
of Elizabeth City, Norfolk, Princess Anne, Accomac
and Northampton counties were ordered to appoint in
their respective districts persons who, without interrup-
tion, should patrol the shores until the twenty-ninth
day of the following October, an interval of about three
and a half months. One man was to be chosen whose
duty it should be to pass constantly backwards and for-
wards along the beach between Cape Henry and Curri-
tuck Inlet; another to walk the length of the seaboard
in Accomac; another the length of the seaboard in
Northampton; and a fourth to be stationed on Smith's
Island situated not far from Cape Charles. Should
any one of these watchers discover a boat making its
way to the shore which there was good reason to suspect
was occupied by pirates, then he was to hasten to in-
form the nearest militia officer in order that the whole
country might be at once aroused; this was done by
this officer in his turn reporting the same fact to all
the neighboring commanders-in-chief; and they, in their
turn, were required to report it to the Governor and
Council at Jamestown ; and if possible the same news was
to be communicated to the captain of the guard-ship.^

' B. T. Va., vol. Hi., p. 39.

Foreign Invasion : Pirates 215

This was not the first time that such regulations as
these had been adopted for the coast's protection;
among the sums the Council had, in 1688, ordered to be
disbursed was one of four pounds and ten shillings in
favor of Gilbert Moore, who during three months had
been engaged in patrolling the shore on the seaboard
side of Accomac and Northampton. ^ In 1690, the same
body, having carefully weighed the great damage pos-
sible to be inflicted by an enemy who should arrive
suddenly and unexpectedly, instructed Colonel John
Lear to select some person to keep watch on the sea-
board side of Lower Norfolk county, whilst Colonel
Custis was authorized to make a similar appointment
for the seaboard side of the Eastern Shore. 2 Two years
later, this command was repeated for each district. ^
Thomas Moore was now chosen to range and scout at
least once a week on the side of Smith's Island facing the
open ocean ; and also on the side facing the Capes ; and
daily also to make observations from the bay side of
the mainland. As soon as he should detect the sails
of a suspicious ship, he was to leave his post and inform
the nearest miHtia officer of the vessel's approach.*

Down to 1699, the vigilance of the lookout on Smith's
Island had not been relaxed, for in October of that year
Colonel John Custis reported to Nicholson that, a few
days before, a pirate ship had dropped anchor behind

» Minutes of Assembly, April, 1691. Coloaial Entry Book,
1682-95.

2 B. T. Va., 1690, No. II ; see also Orders Jan'y 15, 1690, Colonial
Entry Book, 1680- 169 5.

3 Orders of the Council, April 19, 1692, Colonial Entry Book,
1680-95.

* Northampton County Records, vol. 1689-98, p. 168. In 1692,
the appointment of a watcher for the Eastern Shore was left to
the justices of the county courts of that part of the Colony.

2i6 The Military System

the island, and that, in a short time, a band of twelve
well armed men, having landed, had proceeded to shoot
down all the cattle and hogs coming within the range
of their guns. The carcasses were skinned and the meat
cut up and carried off to the vessel, which, as soon as
night had fallen, stole away in the darkness. Smith's
Island, from its lonely position off the coast, offered the
buccaneers a comparatively safe place for obtaining
supplies of fresh victuals, fuel, and water. No watcher
on the mainland could approach its shore if the waves
were running high; and it would require one hundred men
with good muskets to capture a party of pirates who
should land. Custis eagerly urged that a frigate should
be stationed at the mouth of the only stream to be
found on the island, as the one place where the pirates
would be compelled to drop anchor in case they wished
•to go ashore. The villains, he asserted, were afraid to
disembark on the mainland to secure what they needed
in the way of water, wood, and provisions, as a military
force could be soon raised there to beat them off.

Under the influence of this letter and the like received
about this time, the Council declared that the dangers
to be expected from the pirates constantly " grew greater
and greater " ; and they earnestly recommended that
the Governor should beg the King to take the prompt-
est steps to exterminate these terrible outlaws. The
Committee of Plantations had recently sent Nicholson
a list of the names of the most notorious offenders in-
festing the American coasts; and this list he now pub-
lished in a proclamation in which he offered twenty
pounds sterling for the capture of each of the buccaneers
whose names were given. ^

1 B. T. Va., vol. lii., p. 43; for Custis's report, see ibid., p. 42.

CHAPTER XVII
Foreign Invasion : Pirates (Continued)

EARLY in the year 1699-1700, Nicholson received
an order from the English Government to send
to England all the pirates at that time languish-
ing in Virginia prisons; and they were to be accompanied
by the witnesses relied on for their conviction. All
such offenders who might be seized in the future were
directed to be tried in the Colony, provided that the
circumstances attending their capture were not such as
to arouse the people's compassion to such a degree as to
assure their acquittal. Should the Governor, in a special
case, have reason to think that a jury would decline
to bring in an adverse verdict, then the pirate was to
be transported to England, with a view to having the
charge against him investigated there. ^

It was not many months before the Governor had
occasion to exercise the discretion allowed him by
the terms of this order. Never had the buccaneers
shown more activity or caused more alarm among the
merchantmen trading with Virginia than during the
last year of the century. But there was now a guard-
ship fully capable, both in the number of its guns, and
the courageous spirit of its officers and crew, of coping
with any single pirate vessel; this was the Shoreham,

' Letter to Nicholson, February 10, 1 699-1 700, B. T. Va., Entry-
Book, vol. xxxvii.

217

2i8 The Military System

still under the command of Captain Passenger, who
always found in Nicholson a supporter ready at any
moment to risk his life in actual conflict with the out-
laws. That Governor, however, was not content to
rely upon this ship alone for the Colony's protection
from their ravages. Having in April 1700, been in-
formed that there were several pirate vessels lying in
Lynnhaven Bay, he at once dispatched an order to Col.
Thomas Ballard and Major William Buckner, of York,
to notify every merchantman riding in York River
of the freebooters' presence; and also to call together,
at the earliest moment, the county's military forces
to resist a possible landing. A message of the like
import was to be sent by these officers to the commanders
of the militia in Gloucester and Middlesex, so that
the vessels riding in Mobjack Bay and in Rappahannock
River, and also the people of the two counties them-
selves, might be placed on their guard. The officers of
Gloucester and Middlesex were, in their turn, to send a
like express to the officers of Lancaster, and the
officers of Lancaster to the officers of Northumber-
land, and the officers of Northumberland to those
of Westmoreland; so that all the merchantmen
anchored in the waters of these counties, and all the
inhabitants as well, might be informed of a possible
descent. Finally, the message was to be carried across
the Potomac and delivered to Governor Blackstone, of
Maryland, to enable him to ensure the safety of the
Province and of all the vessels trading with it. Before
the end of three days, the whole area of country from
York county as far north as Annapolis had received full
warning of the presence of the pirate vessels anchored
at the mouth of the Chesapeake Bay, a proof of the
promptitude shown by the authorities of Virginia when-

Foreign Invasion : Pirates 219

ever a military emergency arose requiring a general
alarm to be raised. Nor did Nicholson wait until the
sea-captains and people in the counties situated nearest
to Lynnhaven Bay on the south side of the James,
should, by passing report, hear of the danger to which
they were exposed, but instead directed Colonels
Miles Cary and Lemuel Mason to warn all the merchant-
men lying in the Elizabeth and Nansemond Rivers to
be prepared for attack; and the same officers were
also commanded to hold the miHtia of the neighboring
country in readiness to run together at an hour's notice.^

When this general order was sent off, Nicholson
was stopping at Kikotan, where the Shoreham, which
had come in to replenish its water casks, was lying.
On Sunday, April 28th, a merchantman arrived with
the not unexpected news that pirates had dropped
anchor in Lynnhaven Bay. It turned out that there
was but one vessel, which was named by the buccaneers,
probably in a spirit of derision. La Paix. This ship was
of two hundred tons burthen, with a length of eighty-
four feet by the keel and twenty- five by the beam ; and
with a depth of eleven feet in the hold. The decks
consisted of a flight deck fore and aft, a half deck near
one of the masts, and a forecastle. She was armed
with twenty iron guns placed on her main deck, and
with eight placed in her hold ; and she carried thirty-
two barrels of powder in her magazine. Her crew,
with the exception of the pilot, an Englishman, was
made up entirely of foreigners.

The La Paix, which had formerly belonged to citizens
of Holland, had been engaged in transporting salt to
Surinam, and in the course of one of these voyages, had
been captured by pirates, who had turned her captain

1 Letter of Nicholson, B. T. Va., 1700, vol. viii., Doct. 16.

220 The Military System

adrift on the high seas in a long boat. Taking posses-
sion of her as superior to their own vessel, they sailed
towards Carthagena. On their way to that place,
they seized a Dutch brigantine, but released her after
rifling her of her supply of provisions. Meeting a third
Dutch ship, armed with twelve guns, and manned by a
crew of thirty-two sailors, they promptly engaged in a
battle with her, and having succeeded in boarding her
and forcing her to strike her colors, they carried off all
her largest cannon as well as seven of her finest seamen.
They now turned the prow of their vessel towards
Hayti in the West Indies. As they approached that
island, they came upon a sloop, which they stopped,
but released as soon as they had taken from her two
artisans belonging to her crew. A short time after-
wards, they captured a Dutch vessel loaded with a
cargo of linen, a part of which they appropriated, and
then permitted her also to escape. In a few days, the
La Paix was joined by a second pirate ship armed with
sixteen guns, and manned by a crew of eighty. A
portion of this crew was soon transferred to the La Paix,
and, thus strengthened, she was able to capture a large
merchantman, whose surgeon was forced by the pirates,
in violent opposition to his own wishes, to remain with
them when they allowed the merchantman to set sail
again. By the time the La Paix had arrived off the
coast of Hayti, her crew had increased in number to one
hundred and twenty-five outlaws. Without lingering
in those waters, they made their way toward the Florida
Keys, where they soon succeeded in capturing a sloop
belonging to Boston; but as she carried no cargo, and
had on board only a small amount of money, they per-
mitted her to continue on her voyage. In a few days,
they sighted the pink Baltimore bound for Barbadoes;

Foreign Invasion : Pirates 221

stopping her, they transferred to her decks twenty of
their own men, who received orders to follow in the
wake of the La Paix towards the Capes of Virginia.
Meeting a brigantine, they set out in pursuit of her,
but finding it difficult to overtake her, the La Paix
turned back, but the Baltimore pressed on until both
vessels sank below the horizon. Before reaching the
Capes, the La Paix overhauled the Pennsylvania, a
merchantman, and fearing lest her officers, if allowed to
continue their voyage to Virginia, would inform the
guard-ship of the pirates' approach, they deliberately
set her on fire, and burned her to the water's edge. On
the day before entering the Chesapeake, they succeeded
in capturing two large vessels. ^

Such was the history of the vessel which Captain
Passenger was informed was riding in Lynnhaven Bay.
Immediately on receiving this news, he sent a messenger
after his men who had gone ashore, and at the same time
signalled to the merchantmen bound out of the Capes
that he needed seven more to complete the full comple-
ment of his crew. Having in this manner secured the
number he required, he spread sail, but night fahing
before Lynnhaven Bay was reached, his pilot refused to
go any further until the next day, either because the
navigation was dangerous in the darkness, or because
the pirates might be able to attack the ship at a dis-
advantage. Anchor was dropped when the Shoreham
arrived within three leagues of the buccaneers. While
she was lying here, Governor Nicholson, Peter Heyman,
the collector of the Lower James River district, and
Captain Aldred, of the Essex Prize, came aboard in

1 For these details relating to the history of the La Paix, see testi-
mony of its captain in the trial that took place at Elizabeth City;
B.T.Va., 1700, vol. lii.; also B. T. Va., vol. viii., Docts. 13, 15.

2 22 The Military System

expectation of taking part in the approaching combat.
At three o'clock in the morning (April 29th), Captain
Passenger, who had probably grown too impatient to
wait any longer, weighed anchor, and an hour later,
when dawn had hardly begun to show itself, he came
up with the outlaws. As soon as the Shoreham had
approached as near as a half mile, the commander of the
pirate ship let loose his topsails with the intention of
running to the windward of the opposing vessel so as
to be able to board her the more successfully, but
Captain Passenger, observing his purpose, persistently
kept to the windward himself, and at the first favorable
opportunity fired a shot at his adversary. Immediately,
the pirate ship ran up to her masthead a jack ensign
with a red pennant. It was now five o'clock in the
morning, day had broken, and the battle began in
earnest; and it continued until three in the afternoon.
Throughout this interval of ten hours, the two vessels
remained within a pistol shot of each other. Again
and again, the captain of the pirates sought to get to
the windward of the Shoreham, but in vain; during all
this time, his vessel was receiving broadside after
broadside, until finally her masts, yards, sails, and
rigging were shot away, several of her guns were un-
mounted, and her hull rent and splintered. Not being
able to stand up against the storm of shot, the crew
took refuge in the hold and the ship being left without
any guidance, drifted toward the shore, and at
last ran aground. In this predicament, the pirates
lowered their ensign, and the Shoreham ceased firing.
In a short time, they sent several of their English
prisoners on board to inform Captain Passenger that,
unless he should give some assurance of quarter, they
would blow up their ship, and that a train of thirty

Foreign Invasion: Pirates 223

barrels of powder had already been laid for the purpose.
Thinking that the buccaneers were desperate enough to
destroy both themselves and their prisoners in this
manner, Nicholson wrote a letter to their captain in-
forming him that, should they surrender quietly, he
would refer their case to the royal mercy, with a
recommendation of lenient treatment.^ The only
person on board of the Shoreham who perished in the
fight was Peter Heyman, who, as we have seen, was
serving as a volunteer. 2

The band of pirates captured when the La Paix
surrendered numbered one hundred and ten men, who
were at once taken to Kikotan, and there put under
guard. The victual needed for their support during
their stay there, which seems to have been supplied by
Col. William Byrd and Edmund Jennings, consisted of
ten barrels of pork, twelve barrels of beef, and sixty
bushels of peas. As the clothing of many of the
prisoners was soon worn to rags, the sails of the ship
were given to them to furnish material with which to
make the garments required. Eight died during their
short confinement at Kikotan. Ninety-nine of the
survivors were finally placed on board of the fleet of

> Report of Captain Passenger, B. T. Va., vol. viii., p. 393.
During the progress of the battle, one of the pirates came down
into the hold of his ship, where there were forty or fifty prisoners,
and when some one among them asked him how the fight was going,
he replied: "Damn her, she is but a little toad, no bigger than we
are. We shall have her presently. "

2 Minutes of Council, May 6, 1700, B. T. Va., vol. liii. Nicholson
was warmly congratulated on the active part which he had taken
in the fight; see letter of Governor Blackstone of Maryland, May
15, 1700, B. T. Va., vol. viii. In June, Nicholson was again found
on board of the Shoreham, which at this time was cruising outside
of the Capes in hourly expectation of sighting pirate vessels; see
letter of Nicholson in B. T. Va., 1700, vol. viii. This letter was
dated June 10, 1700.

224 . The Military System

merchantmen, which soon set out, under the convoy of
the Essex Prize, and they were thus carried to England
for trial. During the voyage, their hands were shackled
and they were kept in awe by a constant display of
small arms. In one vessel alone, so large a company
as thirty were transported; but this was done in the
guard-ship only, because manned by too strong a force
for even this number of outlaws to indulge the hope of
a successful attack, especially when they were in irons
and under the vigilant eye of suspicious sentinels. A
general order was given to the captains of the merchant-
men that, should they arrive in England along with the
Essex Prize, they were to deliver their prisoners to the
commander of that vessel. Should storms however sep-
arate them from their convoy, they were, on reaching
the Mother Country, to turn the pirates in their keeping
over to the mayor of the town where their voyage ended ;
and if that town happened to be London, then to such
officers as the Lords of the Admiralty should designate.^
Three of the pirates, whose conduct was considered
to have been peculiarly heinous, were detained at Eliza-
beth City for trial by the admiralty court which was
soon summoned to convene there to investigate the
charges brought against them. They were all con-
demned to be hanged. Before the day chosen for their
execution arrived, they escaped, but were captured
when they had only succeeded in getting as far away as
the Eastern Shore. They were sent back to the prison
of Princess Anne county, where they had previously
been confined, and here in the end they paid the penalty
of their long career of murder and robbery. 2 The

Vlll.

' Minutes of Council, May 23, 1700, vol. liii.; June 8, 1700, vol.

2 In his address to the jury in the trial of the three pirates,

Foreign Invasion : Pirates 225

names of the three men were John Houghing, Comehus
Franc, and Francois DeLaunay. Houghing was bom
in New York of Dutch parentage, was thirty years of
age, and spoke the English and Dutch tongues with
equal facility. He was described as possessing a stout
figure, a thick neck, round face, ruddy complexion,
and short curly hair. Franc, like Houghing, was of
Dutch descent. He was even more accomplished as a
linguist; when captured, he exclaimed with great
bitterness: "Must I be hanged that can speak all
languages?" and so valuable on this account was he
considered to be by the captain of the pirates that the'
latter declared he would " not have parted with him
for one hundred pounds sterling." Franc had reached
middle age. DeLaunay, as his name plainly showed,

Edmund Jennings, who prosecuted them, said: "Pyracy is the
worst of crimes and Pyrates the worst of men. Nay, by these
base actions, they degrade themselves below the rank of men and
become beasts of prey, and are worse than the worst of enemys,
for they are governed by no laws of nations or of armes; they never
give quarter or show mercy but as they please themselves, live
by rapine and violence, declare no warr and yet are enemys of
all mankind; they violate all the lawes of God and Man without
any remorse or Regrett; they love mischief for mischief's sake, and
will do what mischief they can, though it bring no advantage to
themselves"; B. T. Va., 1700, vol. lii.

1 B. T. Va., vol. Hi., pp. 56, 60; B. T. Va., 1700, vol. viii., Doct.
16. The following is a description of the pirates who in 1699 cap-
tured the Adventure of London, and who were suspected of lurking
about the coasts of Virginia: "John Lloyd, raw boned, very pale
complexion, dark hair, remarkably deformed by an attraction of
the lower eyelid, about 30 years of age; Thomas Hughes, tall,
lusty, rawboned, long visage, swarthy, above 28 years of age;
Thomas Simpson, short and small, much squint-eyed; James
Vanner, short, very well set, fresh colored, pock marked, about
twenty years of age; Lee Wetherby, short, very small, black, blind
of one eye, about eighteen years of age; Thomas Jameson, cooper,
tall, meagre, sickly complexion, large black eyes, about thirty years
of age; William Griffith, short, well set, broad faced, darkish hair,

VOL. 11 15

226 The Military System

was a Frenchman in blood, but was far more ignorant
than his two unfortunate fellows, for beside his native
tongue, he had only a small smattering of English
words. He also had passed his first youth. ^

about thirty years of age; Thomas Davis, short, small, sharp
chinned, reddish hair, about two and twenty years of age; Francis
Reade, short and small reddish hair, about eighteen years of age;
William Saunders, ordinary stature, well sett, pock marked, black
hair, about fifteen years of age"; B. T. Va., vol. viii., Doct. i6.
These details appear in a proclamation by Nicholson.

Part V
Political Condition

227

CHAPTER I
Government under the Charters

THE political history of Virginia during the Seven-
teenth century may be divided into at least nine
periods, some longer, some shorter than the others,
but each different in character from the rest. First,
there is the period extending from the Colony's founda-
tion in 1607 to the grant of the charter in 1609, the
interval when a purely autocratic government, repre-
sented by the King in England and the President and
Council in Virginia, prevailed ^ ; secondly, the period
beginning with the grant of the charter of 1609 and
ending in 16 19, the interval when martial law was
enforced; thirdly, the period lasting from 1619 to 1624,
when the Colony's affairs were administered in England
by the wisest and most patriotic statesmen of that day,
and in Virginia, by a General Assembly, elected in its
most important branch by the people, and animated
by a desire to carry out the principles embodied in the
Instructions of 16 18, and the Constitution of 1621;
fourthly, the period extending from 1624, the date of
the revocation of the letters-patent, to 1651,* during
which time the Colony remained subject, not to a com-
pany as formerly, but to the Crown itself, whilst the
people continued to have a voice in the choice of their

> See Rolfe's description in Brown's Genesis of the United States,
vol. i., p. 2c6.

229

230 Political Condition

rulers by the election of Burgesses; fifthly, the period
lasting from 165 1 to 1660, the interval of the Protec-
torate, when all the political power being virtually
centred in the Lower House of the General Asserfibly,
a higher degree of popular freedom prevailed than had,
for many years, been observed in Virginia ; sixthly, the
period extending from about 1661 to 1676, during the
greater part of which time, the Long Assembly remain-
ing undissolved, the reactionary influences at work
in England were reflected in every department of the
colonial government, to the serious detriment of the
inhabitants' rights and liberties; seventhly, the period
of 1676, when Berkeley's power had been overthrown,
and the affairs of Virginia were under the temporary
control of Bacon and those who sympathized with his
purposes; eighthly, the period lasting from 1677 to
1688, an interval during which the ills growing out of
the licentious exercise of the royal prerogative in Eng-
land by Charles II and James II were, in a modified
form, repeated in the Colony by Culpeper and Howard as
representatives of the royal authority; and finally, the
period beginning in 1688, the year of the Revolution in
England, and continuing during the remainder of the
century, an interval when the enlightened and rational
spirit characteristic of the period between 16 19 and 1624
again animated the local government.

The first charter, granted in 1606 for the establish-
ment of a colony in Virginia and the administration of
its affairs, laid down two principles which have had
an important influence in shaping the history of the
colonial empire of Great Britain, and indirectly the
history of Great Britain itself: first, the Colony was
to be under the immediate control of the Crown, and
not of the Crown and Parliament together, as was the

Government under the Charters 231

case with England itself; secondly, the King's subjects
residing in Virginia, whether they had emigrated thither
or been bom there, were to enjoy all the " liberties,
franchises, and immunities within any of the royal
dominions" just as if they had first seen the light in the
Alother Country itself.

The letters-patent of 1606 declared that the reigning
King, whoever he might be, would from time to time
"ordain and give" such additional instructions, laws,
and constitutions as should seem necessary to ensure
a more fruitful and beneficent rule. This clause in so
many words bestowed, not only on the monarch then
living, but also on his heirs and successors, the exclusive
right to govern the new colony unless they should see
fit to delegate that power to others. When, at a later
date, a petition was presented by the London Company
to Parliament touching the affairs of Virginia, and a
committee was appointed to consider it, the King sent
a special message to Parliament expressly forbidding it
to intervene, on the ground that it was without juris-
diction in such matters, since that jurisdiction belonged
to himself alone. This principle he successfully main-
tained; and when, in the following century, the same
body sought to enforce in America certain revenue Acts
passed without the consent or participation of the
American people, the latter, remembering that princi-
ple, justly claimed that, by the original charters, they
were subject to the royal authority alone. The memora-
ble resolutions offered by Patrick Henry in the House of
Burgesses in May, 1765, denying the right of Parliament
to exercise any form of control over the Colonies,
merely expressed the general principle laid down an
hundred and fifty-nine years before by Jarnes I, and
silently assented to by Parliament itself, until the

232 Political Condition

overthrow of the Monarchy by Cromwell and his fol-
lowers gave that body for the first time the power to
carry out its own wishes in the administration of
colonial affairs. When the agitation that culminated
in the Revolutionary War began, Parliament, refusing
to listen to the Americans' protest, put forward the
specious claim that all classes in the Colonies as well
as in the Mother Country itself were represented in its
membership, and were, therefore, subject to the opera-
tion of its Acts. This was a claim which the Americans
declined to acknowledge; and they were historically
justified in doing so by the general principle embodied
in the earliest of all the charters. By the determined
spirit which they showed before hostilities began, and
by their successful maintenance of their position by
force of arms, they caused the English Government, in
its subsequent relations with its remaining colonies,
to return to that principle as universally accepted
previous to the establishment of the Protectorate. All
the large English colonies are now great self-governing
communities; and apart from the tie of a common
ancestry, the one powerful bond uniting them to
England is, not a loyal subservience to Parliament, as
that body would have had it a century and a half ago,
but personal loyalty to the British Sovereign, the limit
of colonial dependence as proclaimed by all the Revo-
lutionary patriots on the authority of James I when he
granted the charter of 1606 to the London Company.
Plad the remonstrances of Franklin, Henry, and their
fellows been listened to, the King of England to-day
would be the political ligament which would be uniting o
to the Mother Country the entire body of the Anglo-
Saxon peoples, instead of those peoples being di-
vided into two great nationalities, a fact which has

Government under the Charters 233

diminished their power and lessened their influence
among mankind.

When it was provided in the charter of 1606 that
every citizen of Virginia should enjoy " the liberties,
franchises, and immunities" of one bom in England,
the first step was taken towards the introduction into
the projected colony of all the free institutions so long
planted in the Mother Country itself. Had the govern-
ment of that colony remained, during the whole course
of these early years, in the exclusive control of the King
himself, instead of being, in 1609, delegated to a com-
pany, this clause would sooner or later have assured,
among other privileges, that of local representation,
which, as we will see, was granted by the Company
itself nine years after it had received its second charter.
As the wealth of the new country increased and its
population expanded, the right of summoning a popular
assembly would, in time, have been exercised as coming
within the scope of those general rights of all English
subjects guaranteed by the first charter to the inhabi-
tants of Virginia. Whether the Colony was ruled
directly by the King or a company, such a consumma-
tion was inevitable. In those momentous words of the
first charter, there lay the real authority for calling
together the earliest legislative assembly to convene
on the American Continent among the English-speaking
peoples; they were broad enough to receive so liberal an
interpretation ; and advantage was taken of this fact
so soon as the condition of Virginia justified it. Pro-
foundly grateful as we should be to the enlightened men
who were directing the London Company in 16 19, —
the year the first Assembly came together, — neverthe-
less it should be remembered that, whether intended or
not, it was owing to James's proclamation in the first

234 Political Condition

charter of the memorable principle of the common
rights of all English subjects, whether bom under
English skies, or on the remote plantations in the West,
that the meeting of this first Assembly, — the second
great event in the history of English Colonization, —
was made possible. It is, however, not probable that
this timid monarch foresaw the broad interpretation
which, in time, would be placed on those simple words,
and the extraordinary results, promotive of liberty and
freedom in two hemispheres, which would spring from
them. His claim to absolute control over the Colony's
affairs, which he successfully maintained, was certainly
not based entirely on an ambition to rule it in the spirit
of a beneficent sovereign, whose single object was to
advance the moral welfare and material prosperity
of its people. Whatever lofty motives may have
influenced him in insisting upon his exclusive right, —
if a motive of that kind influenced him at all, — was
deeply colored by a sordid desire to increase the royal
revenues, all the more highly valued because, to that
extent, he would be rendered independent of a hated
and discontented Parliament. If he could enforce his
claim to the absolute control of the dominion beyond
sea, then all the duties collected on the products of
Virginia imported into England would pass into the
royal treasury; and James was too shrewd not to per-
ceive in the very beginning how enormous the income
from this source might, even in the course of his own
reign, become. Though he himself might not reap the
full advantage of this income, his heirs would un-
doubtedly do so, and thus be able to regard with com-
parative indifference a House of Commons equally
niggard and defiant.^

« Down to the reign of Queen Mary, the imposition by the King

Government under the Charters 235

It was only in a general way that popular rights were,
by the charter of 1606, guaranteed, to the citizens of
Virginia; none was specifically mentioned; but definite
commercial privileges were granted by that charter, as
well as the authority to carry out certain practical and
political arrangements. For instance, the colonists
were, during a stated period, to be exempt from the
usual customs; and when that period had come to an
end, the duty on goods imported into England by them
was not to exceed five per cent, of the value of the
merchandise ; they were to be allowed to transport ad-
venturers to the new plantations ; to take all necessary
steps for the protection of the settlements against
invasion ; to make search for mines of precious metals ;
and to coin money.

Under the charter of 1606, the Crown's chief agency
in governing the Colony was to consist of a council of
thirteen persons resident in England, who were to be
nominated and appointed by the King himself, and to be
guided in all their proceedings by such laws, ordinances,
and instructions as he should give. The membership of
the body could, at any time, be changed by the royal
will, and increased or diminished should that will

of a new duty on imports or exports without the consent of Parlia-
ment was illegal. Both Mary and Elizabeth, however, undertook
to dispense with this consent. The question of the Crown's right
to do this came up in court in 1606 and was decided in the Crown's
favor. The question was reconsidered in Parliament in 1610, a
compromise then proposed came to nothing, and the question was
left open to produce discord in the course of the next generation.
In the light of this uncertain status, it was only to be expected that
James would be quick to claim that all the customs from the Vir-
ginian imports belonged to him alone regardless of any opposition
on the part of Parliament. The general rule was that the sovereign
at the beginning of his reign received for life from Parliament a
grant of the existing port duties.

236 Political Condition

decide it to be advisable. This council was authorized
to name a second council, to reside in Virginia, with a
direct control over the administration of its affairs, but,
like the parent council, subject to the laws, ordinances,
and instructions laid down by the King, of which they
were to be informed as ordained. Each member of the
Council of Thirteen in England was required to take
an oath that, whenever a question of importance or
perplexity should arise, he would join with his associ-
ates in referring it to the consideration of the Privy
Council, whose decision was to be accepted as conclu-
sive.^ About twelve months after the grant of the
first charter, the membership of the Council residing in
England was increased in number in order to avoid the
delays caused by the remoteness of many of the Council-
lors' homes, which prevented them from attending the
body's sessions with regularity. Having been thus
enlarged, an assembly composed of any twelve of its
members was authorized to nominate officers; to adopt
ordinances and laws; and to execute all the other
powers conferred on the original council. ^

Three years after the first letters-patent were issued,
two of the practical commercial purposes for which
the Company had been estabHshed had resulted in
disappointment, namely, the expected discovery of
gold and silver in the soil of Virginia, and the finding
of a passage through its territory to the seas washing
the eastern shores of Asia. i\ll the other commercial
objects in view in the beginning remained as full
of promise as before; but it had now been shown by

» Brown's First Republic, p. 9; Va. Maga. of Hist, and Biog.,
vol. vii., p. 39.

2 Ordinance Enlarging Council, Brown's Genesis of the United
States, vol. i., p. 91.

Government under the Charters 237

hard experience that the expense entailed by so great
an action was far heavier than a few incorporators could
meet without leading to their total ruin. If all the
ends considered in forming the original company were
to be carried out successfully, then a larger sum had
to be furnished; and this could only be obtained by the
creation of what would be substantially a new company
composed of as many and as wealthy members as could
be induced to subscribe to the stock.

How far did political reasons facilitate the rapid
formation of the new band of incorporators, to whom,
in 1609, the second charter was granted? Apart from
the commercial expectations bound up in the enterprise,
it is doubtful whether political hopes would have
influenced many persons to venture their money upon
the issue of its success. It is true that, among the new
incorporators, were a number of men who, at a later
date, openly sought to use the Company to advance the
great cause of civil liberty involved in the prolonged
struggle with James. It is not improbable that such a
thoughtful and far-sighted man as Sandys,^ for instance,
was drawn into the enterprise in a measure by the
anticipation that, in time, the Colony would furnish a
freer atmosphere for Englishmen than England itself
promised to afford under such a dynasty as the Stuarts ;
but he, and those who looked forward to the like, must
also have recalled the fact that the more prosperous
and populous that Colony became, the larger would be
the volume of coin which would pour into the royal
coffers from the collection of imports on the colonial
products, and the less dependent would the monarch
be on the grants of income by Parliament, a fact which,

' The petition for the second charter was drawn by Sir Edwin
Sandys.

238 Political Condition

on account of the arbitrary and pertinacious traits of
the Stuart temper, was certain to lead to many conse-
quences dangerous to English liberties. It was known
to the new incorporators that Virginia could supply
at least an hundred commodities England was then
forced to purchase from foreign nations at a very high
price and with a constant prospect of interruption by
war; above all, there was, even at this early period,
ground for thinking that the new Colony would furnish
the Mother Country with the tobacco then imported
from the Spanish possessions in America at such a great
profit to the Spanish planters there. It was this substan-
tial reason on which to base the expectation of personal
gain that led these incorporators to subscribe so liberally ;
and the political motive for doing so, if it existed at all,
as may very properly be doubted, bamed rather faintly
in their breasts in comparison with the commercial.

It was fully understood that James, in granting the
charter of 1606, had no intention of assuming any
part of the expense that would arise in carrying out
the projected enterprise ; nor was any change in his
attitude in this respect brought about by the practical
demonstration of the fact that, unless a large sum was
obtained, the whole scheme of colonization would end
in hopeless disappointment. His unwillingness to con-
tribute to the pecuniary support of the action at the
hour when its continuation turned upon the raising
of a new fund, led him, in granting the second charter,
to offer such liberal terms that subscribers to the new
stock of the Company would spring up on every side.
The conversion of the Colony from a direct dependance
of the Crown into a direct dependance of a joint-stock
association could not have been very agreeable to him,
but such a step was more desirable than either sustain-

Government under the Charters 239

ing that Colony by his own fortune, or allowing it to
sink into total and final iiiin. Though he had delegated
his authority, nevertheless he still retained the assured
prospect of a large increase in his income from the
customs which, in time, would be paid on the products
of Virginia imported into England. The greater the
inducements which he could offer in the way of a liberal
charter to promote a generous subscription to the re-
organized scheme, the more certain was the Colony to
grovy in wealth and population, and the more valuable
to the royal treasury would it become.

But James's niggardness was not the only influence
leading him to transfer the immediate sovereignty of
the Colony to the London Company. Perhaps, the
one characteristic which shaped his political actions
more than any other was timidity. By 1609, no doubt
was felt that Spain looked upon the settlement at
Jamestown with great hostility; in many ways, she had
shown her strong opposition to it ; and there was reason
to think that this opposition might, at any time,
assume an overt aggressive form which would bring
down upon the Englishmen in Virginia the same fate
as had overtaken the French Huguenots in Florida
through the same instrumentality. Now, it was the
fixed policy of this shrinking monarch to avoid if
possible all occasion of giving offence to the Spanish
Power; by transferring the government of Virginia to
the London Company under the provisions of a liberal
charter, which made that company the virtual sovereign
of the country, though still subject to his supremacy,
he placed himself in a position to disclaim or accept
responsibility for its acts just as his interests or his fears
might dictate. If the Company's rule was successful
and prosperous, it might be proclaimed that the acts

240 Political Condition

of that body were the acts of the King's loyal subjects;
but, on the other hand, if its rule was marked by no
good fortune and closed in disaster, it could be said,
without danger of contradiction, that the enterprise
had been that of a number of private gentlemen pro-
ceeding on their own personal liability; and in their
failure, or their destruction by a hostile nation, the
English state had suffered no loss, and been subjected
to neither disappointment nor humiliation.

An examination of the charter of 1609 will show that
the rights and powers granted by that instrument were
much broader in their scope than those granted by the
charter of 1606. In a general way, the Treasurer and
Company of Adventurers, and such officers as they
might appoint were authorized "to correct, punish,
pardon, govern, and rule" all the people who should
remove to Virginia with the view of settling there
permanently; or who should be bom on its soil and
remain there; and the tranquillity of the community
was to be upheld and all its affairs administered in
conformity with such "orders, ordinances, constitu-
tions, directions, and instructions," as should, from
time to time, be adopted by the Company's Council
in England. In those cases not touched by any law
as yet passed, the Governor and his Council in Virginia
were to act according to the dictates of their own dis-
cretion and judgment. There was one general regula-
tion which all the statutes, rules, and proceedings of
the Company and its agents must accord with as nearly
as convenience should permit, namely, they must not
be in conflict with the "laws, government, and policy"
of the Mother Country. Under this charter, as will be
seen, the King delegated the right (which had formed
the most conspicuous feature of the first charter) of

Government under the Charters 241

himself to draw up all the orders, instructions, and
constitutions for the administration of the Colony's
affairs. His whole power in this respect was trans-
ferred to the Company.^

The London Company, as reorganized in 1609, was
composed of six hundred and fifty-nine persons; and of
this number, twenty-one were peers of the realm ; ninety-
six, knights; eleven, professional men; fifty-three, cap-
tains; twenty-eight, esquires; fifty-eight, gentlemen ; and
one hundred and ten, merchants; and the remaining
two hundred and eighty-two, citizens entitled to no
special classification. About fifty of their whole num-
ber held seats in Parliament, and at least fifty more
had, at some previous time, enjoyed that honorable
distinction. 2 It is doubtful whether in that age, the
kingdom could have furnished a body more representa-
tive of all that was best and highest in its various walks
of life than the men enrolled as incorporators under this
charter. The Council residing in England was com-
posed of fifty-two members, fourteen of whom belonged
to the House of Lords and thirty to the House of
Commons. It was provided that the Company's busi-
ness could be legally transacted at any meeting of the
stockholders attended by five Councillors and fifteen of
the generality; and these meetings w^ere to take place
at least four times in the course of the year at regular
intervals corresponding to the seasons of spring, summer,
autumn, and w^inter; for which reason they were de-
signated as "quarter courts." It was in these quarter
courts that all laws for the Colony's government were
passed, and all officers for the active administration
of its affairs chosen.

' Charter of 1609, Brown's Genesis of the United States, vol. i., p.
235. 5 Ibid., p. 228.

VOL. II-16.

CHAPTER II
Government under the Charters (Continued)

THE London Company as reorganized was designed
to be a perpetual corporation, and as such received
a grant of a vast territory, which it was im-
powered to settle with people drawn from England, or
from lands at peace and in comity with that kingdom.
Some years passed before the objects the Company
sought to promote became more or less involved in the
political hopes for the Mother Country entertained by
a section of its members. The head of the organization
was Sir Thomas Smythe, one of the most opulent and
influential merchants of London, a man sagacious
enough to perceive that the condition of the Company's
continued existence was success from a purely com-
mercial point of view. Until the close of Argoll's
administration in 1617, there is no substantial reason
to think that the Colony was looked upon by any
English party, or any section of the English people, as
the home of a broader freedom than any English sub-
ject had previously enjoyed; on the contrary, from Sir
Thomas Dale's arrival to the flight of Argoll, Virginia
was governed by a martial code, which, however
necessary at the time, was radically antagonistic to the
spirit of English law and English civil liberty. John
Bargrave justly accused Sir Thomas Smythe of exercis-
ing absolute power in administering the affairs of both

242

Government under the Charters 243

the Company and the Colony; of depriving the settler
of all reasonable assurance as to the safety of his estate
or the preservation of his freedom; and of laying the
heavy hand of oppression on the single planter and
large associations of adventurers alike. ^

When the period agreed upon for the continuation of
the joint stock came to an end, the people of the Colony,
by the charter's provisions, received separate allot-
ments of land, the titles to which were invested in
them alone. It was necessary that a termination
should now be put to the operation of martial law, and
that a new system of legal and political administration,
following the precedent of that prevailing in England,
should be set under way. Now for the first time, the
political principles in which so many members of the
Company were interested began to shape the proceed-
ings of that body in its quarter courts, and to color the
views entertained as to the ulterior political advantages
to accrue to all Englishmen from the growth of the
Colony in Virginia. During many years, a struggle had
been going on in England between the King, firmly
believing in his Divine Right, and a powerful section of
the members of Parliament as to the extent of his
prerogative; and it was only natural that men like Sir
Edwin Sandys, bent at once on opposing the dangerous
pretensions of the bigoted monarch, and on advancing
the prosperity of the plantation, should have eagerly
striven to protect Virginia from the consequences of
royal tyranny, and thus to make it all the more a land
where Englishmen might find the civil Hberty not en-
joyed at home. There is no reason to question the
truth of Bargrave's statement that Sandys had declared
*' that his purpose was to erect a free popular state, in

» British Colonial Papers, 1622-23, No. 7.

244 Political Condition

which the inhabitants should have no government put
upon them but by their own consent."^ He had
assisted Bacon in drafting the memorable remonstrance
of James's first House of Commons against this mon-
arch's conduct towards that body. In 1614, the King
dissolved his third Parliament, and during a period of
seven years strove to govern the realm without any
legislative assistance. It is possible that, in the course
of this gloomy interval, when England seemed to have
sunk under the feet of a single despotic ruler, even far-
seeing men began to despair of the ultimate result of
the struggle with the occupant of the throne, and
looked to the Colony beyond the Atlantic as a refuge
from tyranny for unborn generations of Englishmen,
and the home of free institutions for centuries to come.
It was a natural and a noble view to take, which time
was to realize to an extent not anticipated even in
their most exalted moments of inspiration and prophecy
by that band of patriots and statesmen who, after 16 18,
administered from London the affairs of Virginia.

Gondomar, the Spanish Ambassador in England,
became, at an early date after his arrival, convinced
that the English had no serious intention of abandoning
the Colony. More and more deeply impressed with
the determined spirit of the London Company, he used
every opportunity to sow seeds of dissension between
that body and the King, and to plant thorns of dis-
trust in the royal mind. He warned the credulous
monarch that, although the Company might put forth
a fair pretence for holding the quarter courts, yet his
majesty would, in the end, find that these courts were
but a "seminary for a seditious Parliament. "^ These

1 Brown's English Politics in Early Virginia History, p. 47.

2 See Life of Nicholas Ferrer, by his brother, John Ferrer.

Government under the Charters 245

memorable words expressed the truth with extraordin-
ary precision, and their effect on James's mind was, no
doubt, all the more lasting because he himself had been
drawn to the same conclusion by his own independent
observation. After Sir Edwin Sandys became Treasurer
of the Company in 16 19, the King, though he had, by
the charter of 1609, formally delegated his powers,
showed an ever-increasing disposition to intermeddle
with its affairs; and in this, he was influenced by two
reasons, which revealed the general bent of his nature:
first, opposition to the Company, on the ground of
its liberal principles in the sphere of English political
life ; and secondly, a desire to resume his original auto-
cratic control of the Colony now that it had proved to
be successful, and no extraordinary pecuniary outlay
was likely to be necessary on its account. Appre-
hension of expense and fear of complications with
Spain, — a combination of niggardness and timidity
highly characteristic of the man, — had alone moved
him to transfer all direct power over Virginia to the
Company in 1609. By 16 18, it was clearly perceived
that, should the Colony's affairs be only carefully ad-
ministered, it would soon attain to a great prosperity
at no additional cost; and the expectation of Spanish
interference by arms had also gradually grown less in
the light of the fact that, in spite of warnings and
menaces, Spain had been guilty of no overt act looking
to the removal or destruction of the settlers.

Southampton, Sandys, and Nicholas Ferrer, the
leading spirits among the members of the liberal section
of the London Company, were three of the most re-
markable men of that age, whether we consider them
from the point of view of eloquence, knowledge, virtue,
integrity, wisdom, or energy. Sandys occupied the

246 Political Condition

office of Treasurer only during a single term of twelve
months. When in 1620 with a great show of approval
he was proposed for re-election, a messenger from court
announced that the King strongly objected to his
continuation in the position. Sandys, wishing to avoid
all cause of difference and dissension, refused to permit
his name to be used. Three names were brought
forward, two of which had been suggested by James
himself. When the poll was proclaimed, it was found
that the royal nominees had received only a few votes,
while Southampton, the nominee of the Company
itself, had been chosen by an extraordinary majority, a
proof of how little the members had been intimidated or
bent by the royal action ; and also of their determina-
tion to offer a rebuke to that action, which would not
soon be forgotten.

Two years before the occurrence of this remarkable
scene, the Company had granted to the people of
Virginia, among other rights, one supreme right, which
was to constitute the beginning of civil liberty in the
remote West. This great right, which, together with
the rights associated with it, was bestowed for the
express purpose of establishing " an equal and unifomi
kind of government" in the Colony, was embodied in
the noble series of instructions ratified at the quarter
court convening November 28, 16 18, a date which
should be among the most celebrated in the history of
the English-speaking race. By the provisions of this
epoch-making document, the new Governor, Sir George
Yeardley, was authorized to call together a General
Assembly, consisting of the Governor and Council of
State, and two Burgesses chosen by popular election
from the body of the inhabitants of each town, hundred,
or group of plantations. It was noted at the time when

Government under the Charters 247

this right of representation in an Assembly of their own
was bestowed on the people of Virginia that a comet
of remarkable brilliance appeared on the face of the
heavens; and so long as it remained visible (and it
continued to be seen until December 26th), Yeardley
deemed it inauspicious to set sail from the English
shores. The Colony at that stage of its growth was too
insignificant to be associated in the minds of English-
men with the great natural phenomenon which, for so
many weeks, caused such widespread awe and conster-
nation; but not since the Reformation had any event,
with the exception of the first settlement at James-
town itself, occurred in the history of the English people
which, in far reaching consequences of incalculable
importance, deserved better to be heralded by some
flaming sign in the dome of the midnight sky. Perhaps,
the conjunction was noticed by those thoughtful men
to whom the Western Continent was indebted for this
guarantee of its ultimate freedom and independence;
and they may well have disregarded the superstition
of the age and looked upon that fiery portent, not as an
indication of the approach of some malignant change,
but of a change which was to confer inestimable bless-
ings upon mankind.

Not content with granting the right to call an
Assembly, the Company two years later took steps to
have codified a series of ordinances, which, from some
points of view, bore a close resemblance to a written
constitution. In April, 1620, Sir Edwin Sandys with-
drew into the country with instructions from the
previous quarter court to use the quiet and leisure of
his retirement to go over the body of the English laws,
and under the guidance of the information acquired
from this and other sources, to frame a general system

248 Political Condition

of rules for the permanent administration of the Colony's
affairs. 1 The object of this set of regulations, the first
draft of which was thus prepared by one of the most
distinguished, upright, and fearless statesmen of that
age, and afterwards hammered into final shape by the
deliberations of various committees, was declared at the
time to be to settle in Virginia " such a form of govern-
ment as might be to the greatest benefit and comfort of
the people; and thereby all injustice, grievances, and
oppression might be prevented, and kept off as much as
possible from the Colony." 2 During the first two cen-
turies of American history, there was only one other
undertaking of the same general kind comparable in
spirit, if not in lasting results, with this successful effort
of the Company to supply a framework of written laws
for the preservation of an ordered government in Vir-
ginia, the protection of its interests, and the advance-
ment of its general prosperity, — this was the drafting
of the Federal Constitution by the fathers of the Re-
public, who were guided by the same extraordinary
forecast, inspired by the same liberality of opinion,
and animated by the same profound devotion to their
country.

When Wyatt, the successor of Governor Yeardley,

» Abstracts of Proceedings of Va. Co. of London, vol. i., p. 55.
Governor Yeardley had requested for his "better direction" a
code of general regulations. Committees had been appointed to
frame the laws, but owing to press of business had been unable to
do so.

2 These words are quoted from the Minutes of the Company in
Brown's English Politics in Early Virginia History, p. 40. The
General Committees appointed July 17th were impowered to select
from the laws of England such as were suitable for adoption in
the Colony. They were also to examine the charters, orders,
instructions to Governors, and Acts of Assembly for the same
general purpose; see p. 34.

Government under the Charters 249

arrived in Virginia in October, 162 1, he brought with
him a model scheme of government which had been
formulated by the ablest members of the Company.
Under the various provisions of this scheme, the Gov-
ernor and Council of State were to be appointed by that
body; the General Assembly, composed of Governor,
Council, and Burgesses, was to be called together at
least once a year; each town or settlement was, by the
suffrages of its inhabitants, to choose annually two
Burgesses; the Governor was to possess a negative
voice in the framing of legislative acts, but even after
he had given his approval, no law was to become final
until the King's assent to it had been received. ^ Such
were some of the political features of this memorable
ordinance.

What was the result of these wise and liberal mea-
sures ? At a time when Parliament had ceased to meet,
in consequence of the King's determination to rule with-
out allowing that body an opportunity to interfere, the
General Assembly of Virginia was convening annually
in conformity with the written laws framed by the
Company, and was giving a full voice to the wishes,
and removing by wise enactments all the grievances,
of the people. At a time when England seemed to be
destined to become a monarchy in which the sovereign's
caprice or judgment was to be the final expression of the
law, Virginia was governed in accord with the require-
ments of a code only to be violated by those in charge
of the administration of affairs at the risk of the heaviest
punishment. Insignificant in wealth and population
as the Colony was at this time, and remotely situated
from the Mother Country, the political contrast pre-
sented by it, while controlled by a body of far-sighted

> Hening's 5ia/M^^s, vol. i., pp. iic-113.

250 Political Condition

English statesmen, distinguished for their opposition
to the encroachments of the royal prerogative, must
have deeply impressed the minds even of those English-
men who took no part in that resistance.

No one understood more clearly than James himself
the lessons which this contrast might enforce in the
future, and the consequences dangerous to the power
of the monarchy which it might precipitate. There
had already spnmg up in the Company a small but very
persistent and determined faction, who, for their own
purposes, were prepared to aggravate the King's grow-
ing hostilit}^ to the corporation. It was not long before
James took the first step towards the revocation of its
charter; this consisted of appointing a set of Commis-
sioners to investigate the condition of the Colony.
The first results of their inquiry were embodied in a
report delivered to the Privy Council in July, 1623,1
and as was to be expected from the committee's mem-
bership, the conclusions reached were highly unfavorable
to the Company. That committee could hardly have
chosen a time when the community's affairs were in a
more confused state; only the year before, 1622, the
great massacre had taken place, and famine and dis-
couragement had very naturally followed from such an
appalling destruction of life and property. There was
now only too much truth in the Commissioners' state-
ment that most of the persons who had emigrated to
Virginia had perished by the ravages of disease, hunger,
or the tomahawk; but they omitted to dwell upon the
plantation's great prosperity just before the catastrophe
occurred, and the assured prospect it possessed at that
time of an extraordinary growth in wealth and popula-

« For synopsis of this report, see Brown's English Politics in
Early Virginia History, pp. 48, 49.

Government under the Charters 251

tion in the near future. They declared, without real
ground, that the failure of the Colony (which was only
temporary and for a cause generally understood), was
attributable to the conduct of the present officers and
members of the Company residing in England ; and they
showed a shrewd knowledge of what would please the
King by asserting that, had the autocratic form of
government prevailing under the first charter been
continued, instead of being "altered into so popular a
course and amongst so many hands," Virginia's con-
dition would have been still happy and fortunate.

Three months after this report — the tenor of which
had been practically ordained before the committee
left England, — had been delivered to the King, he gave
orders that the Company should submit to its members'
vote the question of surrendering its charter. Seventy
ballots in all were cast, and only nine were in favor of
giving up the letters-patent ; and of the persons casting
these nine, two were thought not to be entitled to a
voice. ^ It is plain from this that the vast majority of
the members were not disposed to yield to the burning
wish of the King without a resolute struggle in defence
of their rights. In the following January (1624), the
Company having laid a petition before Parliament
touching their controversy with James, a committee
of that body was appointed to consider it, but before
this committee could report, the King peremptorily
ordered Parliament to leave the matter alone as foreign
to its jurisdiction; and to this the members silently
assented. As soon as the final report of the royal
commission chosen to inquire into the Colony's condition
was drawn up and delivered to James (which was only
done after the return from Virginia of Pory, one of its

J British Colonial Papers, 1622-3, No. 48.

252 Political Condition

members) , an action of Quo Warranto was entered, and
the letters-patent permanently revoked.

Such was the end of the London Company, which
was struck down by an irresistible blow at the moment
when, under the direction of some of the ablest and
noblest spirits in England, it was in a position to accom-
plish for the advancement of the Colony far more than
it had ever done before. Whatever may be said of the
administration of affairs in Virginia previous to 16 18,
whether that administration was, on the whole, con-
ducted without remarkable wisdom, or whether it was
the most sagacious permitted by circumstances, the
period in the Company's history lasting from 16 18 to
1622, when the great massacre occurred to interrupt
its plans, to dishearten its friends, and to give a weapon
of attack to a hostile faction, is one of the most memor-
able in the annals of the English people, and will always
reflect imperishable honor upon the names of Southamp-
ton and Sandys, and the staunchest of their supporters.
Had the letters-patent not been recalled; had the
Company been sustained and encouraged by a high-
minded and patriotic King; had no controversy arisen
to confuse its singleness of purpose ; had it been allowed,
under the guidance of men of liberal opinions and pro-
found wisdom, to continue indefinitely the work of
promoting emigration to the Colony, of establishing
schools and colleges, of building churches, of diversify-
ing agricultural products, of fostering manufactures,
of defending the people from foreign invasion, of
protecting all forms of popular rights, and of ensuring
a beneficent rule in general, there can be little doubt
that Virginia's progress during the Seventeenth century
would have been far greater than it really was under
the direct rule of a dynasty combining preposterous

Government under the Charters 253

notions of Divine Right with a spirit of bigotry, corrup-
tion, and personal depravity to a degree such as the
world has rarely witnessed.

How keen was the feeling prevailing in the Colony
against those who had encouraged the King to recall
the charter was shown by a letter signed by Governor
Wyatt, the members of the Council, and the House of
Burgesses, and written in anticipation of the Company's
overthrow. These were the principal representative
men in Virginia; and there is no reason to think that,
in this letter, they failed to reflect the general opinion of
its inhabitants. "Our prayers," so this memorable
communication ran, ** solicit his majesty's tender
compassion not to suffer his poor subjects to fall into the
hands of Sir Thomas Smythe, or his confederates, who
have lately abused his majesty's sacred ears with wrong
information, but graciously protect them (the colonists)
from growing storms engendered by faction." ^ The
existence of this faction — which would never have been
formed had the King been thought to favor the
Company — was brought forward by the members of
the cabal itself as one of the chief justifications for the
charter's revocation. Sir Thomas Nethersole, writing
to Sir Dudley Carleton in July, 1624, and referring to
the commission of Privy Councillors and others nom-
inated to assist the King in preparing the new patent,
declared that "the reformation intended is that there
shall be a company for trade, but not for the govern-
ment of the country, which his Majesty will take care of
by such orders as shall be made by him with the advice

» British Colonial Papers, vol. iii., No. 21. The leaders of the
faction were Earl of Warwick, Sir Thomas Smythe, Sir Nathaniel
Rich, Sir Henry Mildmay, and Alderman Johnson; see letter of
Chamberlain to Carleton, Dom Corr., James I, vol. cxliii.. No. 22.

254 Political Condition

of those Commissioners and of his Privy Council, and
thus to avoid the faction which hath grown in the
Company, the populousness of the government having
been also otherwise displeasing to his Majesty." ^

Orders were now published that no ship should leave
England for Virginia until the Commission had
framed a new form of government for the Colony. The
reason given in explanation of this action was that the
people, knowing only that the Company had been up-
set, would be left in doubt as to whether they were
subject to the authority of the persons then in control
of the local administration of affairs. In reality, dis-
affection to the proposed change was feared; and
apprehending lest the inhabitants should by some means
hear of the recall of the letters-patent before all the
arrangements were matured, and break out into serious
distractions. Sir Robert Heath, the Attorney-General,
urged that commissions should be sent to some of the
principal citizens impowering them to fill the most
important offices until the framework of the new form
of government had been completed. His advice was
followed. 2

> Dom. Corr., James I, vol. clxix., No. 14.

2 British Colonial Papers, vol. iii., Nos. 17, I., 18, 19. Pory
carried these temporary commissions to Virginia.

CHAPTER III
Government under the Crown

IT was a happy event for the Colony that James died
so soon after the revocation of the letters-patent, as
there was a strong probability that, had he lived,
he would have recalled all the popular rights granted
in the Company's instructions to Governor Yeardley
in 1618, including the right to representation in a local
assembly. Sir Thomas Smythe also passed away the
same year, and thus two powerful personal influences
hostile to the best interests of the plantation oversea
were suddenly and permanently extinguished. In
May, 1625, the new King issued a proclamation out-
lining the plan of government for Virginia in its re-
stored character as a direct dependance of the Crown.
He declared in this document that it was absolutely
necessary that the government of the Colony should be
made to assume a form which would bring it into com-
plete harmony with the one prevailing throughout the
rest of the English dominions; and that whilst it might
be proper to leave all matters of trade and commerce
to the control of a company, it was not fit or safe to
leave to such a body the administration of political
affairs, however insignificant those affairs might appear
to be in reality. Having thus, by way of preamble,
announced certain general principles considered by
him indisputable, Charles proceeded to lay the primary

255

256 Political Condition

responsibility for the government of Virginia on a
council resident in England, which, in all important
business touching the Colony, was to be subordinate
to the Privy Council, and in all matters, small or great,
subordinate to the King himself. The Governor and
the Council in Virginia were to be subject to the control
of the resident Council in England. It will be seen from
these particulars that the new government adopted for
Virginia by the Crown was substantially the same as
the one in operation during the existence of the charter
of 1606, the first granted by James, as we have seen.^

But what was far more important than any of these
provisions was the order given by the King at a later
date that the House of Burgesses should continue to
meet regularly for the passage of laws. In confirming
this right, he was not so much following the example
set by the Company, as, like that body, carrying into
practical effect the general promise embodied in the
first charter, namely, that the citizens of Virginia
"should enjoy the same liberties, franchises, and im-
munities " as if they too had been bom and still resided
in England. Nor did Charles dispute the momentous
claim put forth by the Assembly that it constituted
the only power which could legally impose any tax on
the people of the Colony.

It was Yeardley's singular good fortune to be the
Governor who brought over to Virginia the instruction
to summon the first Assembly that met during the
Company's supremacy, and also the Governor, who,
ten years later, proclaimed the first royal confirmation
of that great right after the immediate supervision of
the Colony's affairs was again undertaken by the

1 Proclamation of Charles I, Va. Maga. of Hist, and Biog., vol.
vii., p. 133.

Government under the Crown 257

Crown. In the interval before his arrival, Wyatt, by
the provisions of the temporary commission sent to
him very soon after the Company's dissolution, con-
tinued to perform the duties of the Governor's office,
but for the time being no General Assembly convened.
The authority to call it together was evidently not
embraced in this temporary commission, — an indication
that James had decided in his own mind to withdraw
the right altogether. As the Governor's power to
summon the Assembly had been cancelled by the
revocation of the letters-patent, this body could not
legally meet without the royal renewal of that right.
Wyatt seems to have hesitated to administer the
affairs of the Colony on the responsibility of the Council
and himself alone; and as the nearest approach to the
former legislature practicable, was, at this time, in the
habit of inviting the principal citizens to take part in
their deliberations on stated occasions. All the public
documents issued as expressing the conclusions reached
in these conferences were drawn in the name of the
" Governor, Council, and Colony of Virginia assembled
together."

Yeardley arrived at Jamestown in 1626. He recog-
nized as clearly as Wyatt himself that all the de-
partments of colonial administration could not be
carried on by the Governor and the Council alone,
acting under general instructions from the Crown in
England. The duties of these officers, both executive
and judicial, were already very heavy owing to the
community's rapid growth in wealth and population;
and to add to them all the legislative duties as well
was to impose a burden they could not long sustain,
however much they might desire to do so in consequence
of the greater authority which the concentration in

VOL. II-17

258 Political Condition

their hands of all the work, — executive, judicial, and
legislative, — would have necessarily given them. No
doubt, after their extended experience, Wyatt and
Yeardley saw plainly enough that Virginia's remoteness
from the Mother Country would in itself alone in the
end force the restoration of the General Assembly ; that
a colony increasing so steadily in number of inhabitants
could not be forever governed from across such a
vast expanse of sea; and that the exercise of legislative
powers, even if the Governor and Council possessed no
executive and judicial ones, would in time be too exact-
ing for them, however able, industrious, and devoted
to the public good they might be. It was this con-
viction which led Wyatt to call in the assistance of the
foremost citizens when questions of public interest
were to be discussed; and the same conviction induced
Yeardley to lend a willing and sympathetic ear to the
popular appeal, — which he was so urgently requested
to lay before the King, — for the restoration of the
Assembly as a part of the legislative framework of the
Colony's government. Charles evidently hesitated for
some time to renew this body's right to meet as formerly ;
but his advisers had the practical wisdom to perceive
that Virginia could no longer be governed precisely as
it was previous to 1609, during the first charter's
existence, when the number of settlers did not exceed
a few hundred. The royal instructions to call the
Assembly together again were brought over to Virginia
by WilHam Capps, and in March, 1628, deHvered to
Yeardley, then residing at Jamestown. The Governor,
amid general rejoicings over so happy an event, hastened
to summon the House of Burgesses to meet^ ; and thus
the General Assembly's right to convene was perma-

1 Brown's First Republic, p. 647.

Government under the Crown 259

nently restored, — a right which has never since been
even questioned.

Under the new form of administration, the Governor,
the members of his Council, the Treasurer, and the
Secretary of State, were to be appointed by the King,
whilst the members of the House of Burgesses were to
be chosen by the votes of the people. The substance of
the change was that the Crown and not a corporation
was to exercise the direct controlling power. The
old London Company, however, did not abandon at
once all hope of recovering its former privileges. Charles
having, in 1631, nominated commissioners, with in-
structions to report on the most feasible and promising
means of advancing the Colony's welfare,^ this com-
mittee, being largely composed of persons formerly
members of the London Company, petitioned the King
for the charter's renewal as the measure most likely
to assure the plantation's lasting prosperity. They
recommended, among other things, that the new
charter should contain the following provisions;
first, that the Colony should be governed by a commis-
sion of twenty-five persons, including the President,
who were to reside in England, and from thence to
communicate their orders to the Governor, Council, and
Burgesses in Virginia in a periodical series of instruc-
tions; second, that this commission should possess the
right to decide all controversies arising between the
planters and the Company, or between the planters
themselves, who, however, were to enjoy the right of
appeal to the King or the Privy Council ; third, that it
should be impowered to elect all inferior officers, and
also to recommend to the King the names of the persons
deemed by it to be fit to be chosen for the highest

» British Colonial Papers, vol. vi., No. 14.

26o Political Condition

positions; and fourth, that it should also be impowered
to reject, if it saw proper, all ordinances adopted by
the Governor and Council, and all laws passed by the
General Assembly.

This prayer for a new charter, together with the
provisions it contained raised at once a vigorous
opposition; those hostile to the proposed change
declared that the whole influence of the old London
Company tended to breed hatred of the King as a man,
and of monarchy as a principle ; that the recommenda-
tion to revive that body had its origin, not in any
practical demand for the restoration of its control, but
in the displeasure which its surviving members still
felt in recalling the fact that their letters-patent had
been taken away; that the renewal of these letters-
patent would alienate from the Crown quit-rents now
valued at two thousand pounds annually; that since
the old charter had been revoked, the Colony had made
extraordinary progress in population, in means of sub-
sistence, and in trade; and finally, that there was no
more need of a company to govern Virginia than there
was of one to govern Ireland, since Virginia, like
Ireland, was an integral part of the Kingdom.^

Charles seems to have been for some time in a state
of vacillation; at one moment, he appeared to lean
towards those who were anxious for the new letters-
patent to issue; at another, towards those who were
opposed to such a grant. Probably, the new charter
would have been formally renewed but for the demand
so urgently pressed by many of the leading citizens
of Virginia that the patent under which Lord Balti-
more held Maryland should be recalled, and that part of
the English dominion in America be reabsorbed into the

> British Colonial Papers, vol. v., No. 31 ; vol. vi., Nos. 30, 32.

Government under the Crown 261

older Colony, to which it was thought to belong of right.
It would seem that the King so far yielded to the com-
mission's recommendations as to direct the Attorney-
General to draw up the new charter, but there is no
proof that it ever passed the seal; and if it did so, it
was certainly never delivered with a view to being put
into immediate operation. ^

In 1640, the General Assembly, being anxious to
secure a renewal of the rights granted to the colonists
by the old Company, sent to George Sandys, then in
England, a petition for delivery to the King embodying
their wishes on this point. This petition was really
presented to Parliament, which was known to be
favorable to the prayer it contained. 2 Two years later,
not long after Berkeley became Governor, the new
General Assembly, yielding to his powerful influence,
formally declared its opposition to the old charter's
renewal, and the King, on being notified of this act,
thanked his faithful subjects oversea; not that he had
entertained the design of restoring the letters-patent,
he said, but it was highly pleasing to him to be con-
firmed in his determination to deny all requests to that
effect.^

It would appear that what was really desired by the
people of Virginia was not a charter which would trans-
fer the government of the Colony from the Crown to a
company, — such as existed during the long interval
between 1609 and 1624, — but a charter which would
recognize and confirm as a permanency all those politi-
cal, commercial, and territorial rights enjoyed by them

1 Va. Maga. of Hist, and Biog., vol. viii., pp. 41-3-

2 Randolph MS., vol. iii., p. 241 ; Brown's English Politics in
Early Virginia History, p. 95 ^t seq.

3 Colonial Entry Book, 1606-62, p. 237.

262 Political Condition

before the Company was abolished. At present, these
were dependent upon the caprices and interests of the
King, who at any time might order their recall. The
deliberate grant of Maryland to Baltimore, although it
was embraced in the area belonging to Virginia by the
provisions of the early charters, had revealed to the
people of the latter Colony the precariousness of their
rights, should Charles, moved by some hostile influence,
be disposed to violate them. In spite of protest and
remonstrance, the country lying immediately north and
east of the Potomac was never restored; in addition,
the trade of the plantations suffered severely by the
operation of the Navigation Acts; but the political
rights of the people, as well as their title to their lands
were, as time went on, fully protected by repeated
confirmations, although not embodied in a great formal
charter as had been so ardently desired. The dif-
ficulties and anxieties in which Charles became so deeply
involved at home by his struggle with Parliament left
him little time to give attention to the Colony's affairs,
and it was perhaps due to this fact, — in part at least, —
that this monarch's reign, which bore so heavily on
England, was marked by no extraordinary acts of
oppression oversea.

During the great Protector's rule, the government in
Virginia reflected in a general way, the spirit of the
memorable resolution adopted by the Rump Parlia-
ment: "The people are under God the original of all
just power." ^ In this too brief interval, when the
whole body of the population exercised an extraordinary
influence on the course of political events, the House
of Burgesses practically controlled the adminis-
tration of public affairs. The Governor and Council

' Green's Short History of the English People.

Government under the Crown 263

themselves were elected by it, and thus the highest
officers of the Colony, being creatures of its breath,
were submissive to its voice as long as they desired to
retain their positions. "The Commons of England,"
the Rump Parliament had also affirmed, " being chosen
by and representing the people, have the supreme in
their nation; and whatsoever is declared for law by
the Commons, hath the force of law, and all the people
of this nation are concluded thereby."^ So accurately
did these words show the scope of the power at this time
possessed by the House of Burgesses that they might
easily have originated in that body ; no doubt, they were
known to its leading members; and the principle they
proclaimed was accepted as justification for the estab-
lishment of a highly popular form of government in
Virginia. Indeed, that government was more popular
than the one prevailing in England, for over England
the mighty shadow of Cromwell was projected, whilst
that shadow, vast as it was, was not sufficiently vast
to reach across the Atlantic; or if it did so, it was not
portentous enough at that distance to suppress the
spirit of popular freedom there, but instead left it
strong and unconfined.^

As in England, so in Virginia the restoration of the
Stuarts was followed by a period during which the
spirit of reaction revealed itself in nearly every de-

> Green's Short History of the English People. The first Governor
and Council appointed after the surrender in 1651 seem to have
been named by the Commissioners of Parliament who arrived in
Virginia during the course of that year.

2 In England, Government by an Assembly was fully tested
between 1649 and 1651 and ended in failure. The Executive in
England in the person of Cromwell finally overshadowed the whole
administration. In Virginia, on the other hand, the Governor
became increasingly subordinate to the Assembly.

264 Political Condition

partment of public affairs; and the evils thus occasioned
slowly accumulated until they brought about the most
serious insurrection recorded in American history pre-
vious to the Revolution. In a fine burst of enthusi-
asm, the impulsive Berkeley, then younger and more
generous in his feelings, had, in 165 1, exclaimed that
the "sun did not look upon a people more free from
oppression " than the Virginians. ^ Sixteen years later,
these words on his lips, had he had the assurance and
hardihood to utter them, would have aroused the in-
dignant protest of all but his own followers. The
series of wrongful acts leading up to the rebellion of
1676 were among the most exasperating that any
section of the American people have ever been called
upon to endure for the same length of time. Restric-
tive navigation laws; onerous and multifarious taxa-
tion; measures for affording Burgesses very high
remuneration without relieving the counties of ad-
ditional expense on that score ; the continuation of the
same Assembly for fourteen years because Berkeley
had found its members to be submissive and ready
instruments for his purposes; the self-perpetuation of
the vestries in the same spirit, in contempt of the
people's right of election; the concentration of all the
offices and all the power in the hands of a few possessing
no legal claim to such privileges; the persecution of
religious sects; the subordination of the safety of the
whole community, threatened with Indian invasion,
to the interests of the Governor in the fur trade, a trade
which would have been destroyed by a vigorous cam-
paign against the savages, — such were some of the

1 Va. Maga. of Hist, and Biog., vol. i., p. 77. "There is not here,"
Berkeley added, "an arbitrary hand that dares to touch the sub-
stance of either poore or rich. "

Government under the Crown 265

more powerful influences which precipitated the In-
surrection of 1676, a movement deserving as much
success as the one that, one hundred years later,
resulted in the independence of the Colonies.

During this part of his career, Berkeley was only too
faithful a servant and too slavish an imitator of a
King, who, without for a moment consulting the wishes
of his subjects oversea, by a few strokes of his pen
transferred the whole of Virginia to the practical
sovereignty of two members of his Court. In the
grant to Arlington and Culpeper, it was provided that
the beneficiaries should, in the future, receive all the
escheats, quit-rents, duties, reservations, and the like
then belonging to the Crown; and that they should
have the power to issue patents, to nominate sheriffs,
to present clergymen to vacant livings, to establish
new parishes and counties, and to use a separate seal.^
It was not remarkable that so complete a gift of the
Colony, just as if it had been a mistress of whom the
royal fancy had tired, should have aroused consterna-
tion and indignation among its people, hardened though
they were, in a measure, to the callous disregard of
their rights and interests so often displayed by those in
power. Agents were sent to England in the hope of
securing a charter which would render such grants in
the future impossible. The charter finally obtained
by these agents, after the most earnest soHcitations,
passed the signet, but not the great seal, as the re-
bellion soon furnished a pretext for recalling the
instrument.

Fortunately, the Revolution of 1688 occurred to
remove the .people of Virginia and England alike from
the control of a dynasty seeking as far as lay within its

> llening's Statutes, vol. ii., p. 427.

266 Political Condition

reach to abridge every form of popular right. The
anxieties felt during the earlier periods of the Colony's
history had not, however, entirely passed away. In 1 69 1 ,
Jeffrey Jeffreys was appointed commissioner for Virginia
in London, and in the same year, he was instructed
to obtain, first, a confirmation of the power exercised
by the General Assembly of making laws not repugnant
to the general laws of England; secondly, the royal
approval of the proposition that no tax should be laid
on the people of the Colony without the previous
assurance of their consent ; and, finally, a full guarantee
that the Virginians and their posterity should enjoy
those various " privileges, franchises, and immunities "
belonging by birth to every English subject, and should
also have the full benefit of the great charter and all
other statutes and state papers regulating the liberty
of the English citizen. ^ It would appear that Jeffreys
was not successful in securing the formal document
desired, for, in 1695, the House of Burgesses petitioned
the King to grant the charter drawn up in 1676, which,
as we have seen, was cancelled only after the news of
the Insurrection had been received. 2 However, the
general rights of all English subjects, whether residents
of the Colony or of England itself, were now so amply
protected that there was no urgent reason why these
rights, as enjoyed by the people of Virginia, should be
confirmed to them in a formal instrument.

» B. T. Va., May 22, 1691, No. 23.

» Ibid., Entry Book, vol. xxxvi., p. 84.

CHAPTER IV
English Board of Control

WHAT body in England exercised direct control
over the affairs of Virginia after the revocation
of the Company' s letters-patent in 1 6 2 4 ? Pre-
vious to that year, when the King had occasion to com-
municate a wish or order respecting the Colony oversea,
it was done by him through his Privy Council. Even
in 162 1, the Company's power and prosperity being then
at their height, the Governor was instructed to advise
with the Privy Council whenever matters of great
difficulty and importance arose. In 1626, the charter
having been recalled, the same officer addressed himself
to the Lords Commissioners chosen to settle the affairs
of Virginia; but, along with his Council, he is also found
the same year, making a report directly to the Privy
Council.^ In 1626 also, the Instructions of Yeardley,
who had been recently reappointed Governor of the
Colony, were signed by the latter body^ ; and the Privy
Council also signed the Instructions which, three years
later, were given to Governor Harvey.^ In 1631, the
charges brought against Dr. John Pott for improper
conduct while filling the position of Governor were

> British Colonial Papers, vol. iii., No. i ; Randolph MS., vol. iii.,
p. 203.

2 Randolph MS., vol. iii., p. 197.
' British Colonial Papers, vol. v., No. 94, I.

267

268 Political Condition

investigated by a body known as the " Commissioners
for Virginia " and it was by their representations as to
the groundlessness of these accusations that the King
was led to confer a pardon. ^ During this year, how-
ever, the Acts of Assembly were sent directly to the
Privy Council ; and it was to this body that the House of
Burgesses applied, when, in 163 1-2 also, they were
anxious for the King to continue all the grants, liberties,
and privileges bestowed since the abolition of the
Company. 2

Charles I, in 1632, created a Board of Commissioners
to take into consideration the former condition of
Virginia; the commodities to which its soil was best
adapted; and the most promising and practical means
of increasing the prosperity of its people. This Board
was impowered to summon witnesses, examine papers,
and obtain information by every means in its reach;
and its members were required to lay a full report
before the King from time to time.'' It was to this
Board that the Governor and Council addressed them-
selves when they had matters of importance to com-
municate touching the affairs of the Colony. In 1633,
when numerous petitions were entered for large tracts
of land, the Governor and Council wrote, not to the
Privy Council, but to these Commissioners in approval
of the proposed grants.* That this Board, however,
was designed to be only temporary, is shown by the
fact that, in 1634, Charles appointed a commission of
twelve persons, headed by the celebrated Laud, Arch-
bishop of Canterbury, to overlook all the English

» British Colonial Papers, vol. vi., Nos. 18, 20.

2 Randolph MS., vol. iii., p. 219.

3 Ibid., pp. 220-1.
* Ibid., p. 224.

English Board of Control 269

Colonies. The powers bestowed upon this commission
were very comprehensive: its members were author-
ized, for instance, to pass orders and laws for civil
and criminal administration, to punish ecclesiastical of-
fences by fines and imprisonment, to remove governors,
to establish courts, to appoint judges and magistrates,
and to utter the final word as to all charters and
patents.^ The first important business which the
commission was called upon to settle in connection
with Virginia arose out of Harvey's expulsion from the
Colony. The letters written to it by the deposed
Governor, who had raised a loud outcry over his treat-
ment, were referred to the Attorney-General, and his
opinion seems to have determined the case. 2 During
the following year, the various communications from
the Governor and Council at Jamestown to the English
Government were addressed to the " Lords Commission-
ers of the Foreign Plantations," the official title of this
powerful Board of Control.^ Two years later, the
Privy Council is found referring all petitions made to
them directly to what they designate as the " Sub-Com-
mittee for Foreign Plantations," an indication that the
work done by the Commission was really done by a
specially appointed section of it. This sub-committee
was ordered to report on the petitions mentioned, not
to the Commission itself, but to the Privy Council, —

' British Colonial Papers, vol. viii., No. 12. The members of
this powerful commission were the Archbishops of Canterbury and
York, the Lord Keeper, the Lord High Treasurer, the Earls of
Manchester, Arundel, and Dorset, Lord Cottingham, Sir Thomas
Edmond, Sir John Coke, and Sir Francis Windebanke.

2 British Colonial Papers, vol. viii., No. 69.

3 This was also the address used by Harvey in 1635 in writing
to the Commissioners; see also Patent Roll 12, Car. L, Part 21,
No. i.

270 Political Condition

a course not improbably followed when the matter for
decision, though relating to one of the Colonies, had
come before the latter body in the first instance.^

As soon as the Parliamentarians had taken an ad-
vanced position in opposition to the royal authority,
one of their most important measures was to establish
a Commission of their own, headed by Lord Pembroke,
for the government of the Colonies. This Commission
was appointed about 16432; but some years later, when
England had passed under the rule of the great Pro-
tector, all matters relating to Virginia and the other
communities oversea were deliberated upon and settled
by the Council of State for the Commonwealth. If that
body found that it needed advice in order to reach a
just and correct decision, it referred the question to
some other department of the Government ; for instance,
all petitions and the like touching the ships engaged
in the plantation trade were generally submitted by
the Council to the Admiralty's consideration, with
instructions to return a full report on all the points at
issue. In the course of 1650, a resolution was adopted
by the Council of State that, whenever it was deemed
advisable, its members should choose a commission of
five of their own number, who were to be known as the
" Committee of Trade and Plantations," and were to be
impowered to transact all that business relating to the
Colonies which the whole Council had previously taken
cognizance of.-' Apparently, however, this was not
designed to be a permanent committee, for, two years
afterwards, a standing commission composed of twent}^-

• British Colonial Papers, vol. x., No. ii.

2 See Brown's English Politics in Early Virginia History, p. 99
et seq.

' Interregnum Entry Book, vol. xcii., pp. 5, 7.

English Board of Control 271

one members selected from the Council of State were
nominated to take charge of all matters coming before
this body relating, not only to the Colonies, but also to
foreign countries in general.^

After the restoration of the Stuarts to the throne, the
general supervision of the affairs of Virginia and the
other Colonies became at first the duty of a standing
commission or council composed of the foremost officers
of the Crown, such, for instance, as the Lord Chancellor,
the Lord Treasurer, and the like great dignitaries.
Any five of this imposing body were authorized to take
into their immediate consideration the condition of all
the Plantations; and they were to be held responsible
for the proper government of the different communities
oversea. All the communications from the heads of
the local administration in these communities were to
be addressed to this commission, which was to be
designated as the "Council of Foreign Plantations."
In a letter written by Berkeley to the Commission in
1662, he reveals its general powers in a few words:
" Since his Sacred Majesty has been vSO pleased to erect
so necessary a committee for us to instruct, encourage,
and administer to ye performance of our duties for ye
future, we will, with your permission, point out our
laws, present them to you either for your approbation,
amendment, or rejection. "^

Fourteen years after the date of this letter, Virginia
was subject to the control of what was known at this
time as the " Committee on Plantations," or the " Lords
Commissioners of Plantations,"^ a body chosen entirely
from the members of the Privy Council, and bearing

1 Interregnum Entry Book, vol. xcvi., p. 8.

2 British Colonial Papers, vol. xvi., No. 78.

3 Colonial Entry Book, vol. xcvii. ; see entry for March i, 1675-6.

272 Political Condition

the same relation to it as was borne to the Council of
State by a similar committee nominated during Crom-
well's supremacy. The Lords Commissioners, writing
in 1676 to Berkeley, informed him that the King had
abolished the "Council of Trade and Foreign Plan-
tations," which had previously exercised a general
supervision over the Colonies, and apparently was
composed of men not all members of the Privy Council
itself. Although a general committee of that Council
was appointed to take its place, the particular care and
management of all things relating to the Plantations
was imposed on a select number of this committee,
who thus constituted a distinct board or sub-commission
of itself. 1 This board was, in 1677, designated as the
"Lords of the Committee of Council for Trade and
Plantations. "2

It was not until 1696 that the commission in charge
of the Colonies assumed its permanent form as well as
its final name ; in the course of that year, the celebrated
"Board of Trade and Plantations" was established^;
which seems to have resembled the committee immedi-
ately preceding it in time in every way except in the
fact that its composition was not necessarily limited
to persons belonging to the Privy Council.

Although the numerous committees exercising, dur-
ing the far greater part of the Seventeenth century,
a strict supervision over the affairs of the Colonies,
differed to a considerable degree in their names and
the character of their membership, — the members
of some being drawn from the Privy Council alone, and
of others apparently from the body of influential

' Colonial Entry Book, vol. Ixxx., pp. 47-52.

2 Ibid., p. 152.

^ Campbell's History of Virginia, p. 348.

English Board of Control 273

Englishmen, — nevertheless, the powers enjoyed by
them all were substantially the same. In the instance
of each, the transaction of business was, in theory at
least, subject to the general oversight of the King; but
it is not probable that much of the work done by them
ever really passed under the monarch's eyes, as it was,
to a large extent, purely routine in its nature.

VOL. II. — 18

CHAPTER V
Loyalty to the Throne

THERE are numerous indications that, throughout
the Seventeenth century, the people of the
Colony, as a body, entertained a very strong
feeling of loyalty to the throne; nowhere, indeed, in
the British dominions, during that period, was the
allegiance to the King based more firmly on popular
reverence for the principle which he represented,
however much cause some of the monarchs may have
personally given for dissatisfaction and discontent.
As early as 1643, the punishment imposed upon any
one convicted of having spoken scandalous words about
the King and Queen was banishment from Virginia.^
At that time, the civil war had already broken out in
England, and the battle of Edgehill, iti which the royal
forces had been worsted, had been fought. In the
Colony, no sympathy was felt by any large body of
influential persons for* the side of the Parliamentarians,
and a disapproving comment on Charles's conduct, or a
slighting or sarcastic reference to his followers, exposed
any one uttering it to the danger of arrest. ^ In 1648,
the year before Charles lost his head on the scaffold,
and when the monarchy had fallen in ruins, a loud com-

' Robinson Transcripts, p. 238.

2 See case of Capt. Ingle, who aroused the anger of Argoll Yeard-
ley, a Councillor, by speaking of the cavaliers as "Rattletraps";
Northampton County Records, Orders Aug. 31, 1643.

274

Loyalty to the Throne 275

plaint was raised by some persons that the Governor
and Council, in impressing citizens to serve as soldiers
simply by warrant, without the authority of an Act of
Assembly, were guilty of an unjustifiable infringement
on the liberties and rights of the people. In reply to
this charge, the Assembly itself declared that these
officials had derived their power directly from the King
through repeated instructions to their predecessors as
well as to themselves ; and that it was very unbecoming
in any one to fail to acknowledge the extraordinary
care and forethought shown by his Majesty in conferring
such a power on the Governor and Council, as by means
of it they were always prepared to defend the Colony
without any delay.*

When news reached Virginia that Charles had been
beheaded, the General Assembly boldly denounced
" the treasonable principles and practices " of the all-
powerful party in England responsible for that " crime,"
and which, not content with regicide, was systematically
" aspersing the memory of the martyr," and denying and
scoffing at the "Divine Right of Kings." Any one in
Virginia heard defending its flagrant and impious pro-
ceedings,— so the General Assembly proclaimed. —
should be taken as an accessory after the act to the
" murder " of the monarch ; and whoever should venture
to cast any reflection upon his conduct during life
should be subject to such penalties as the Governor
and Council should consider proper to impose. All
persons known to have questioned the right of Charles
II to succeed his father on the throne were to be
arrested and punished as guilty of high treason. 2

Such was the strength of the feeling entertained by

> Hening's Statutes, vol. i., p. 355.
2 Ibid., p. 361.

276 Political Condition

the General Assembly in favor of the King and Monarch
at the end of that great struggle in which the King
himself had lost his life, and the monarchy had appar-
ently been utterly destroyed! No dictate of prudence,
no weak leaning towards a side simply because it was
victorious, was allowed to influence these zealous
supporters of the principle of royalty. The civil wars
had been carried on too far away from the Colony to
affect seriously its inhabitants' interests; their material
condition had not been injured by battles, sieges, and
raids at their very doors, as had happened to their
English kinsfolk; the political controversies involved in
the contest between Charles and Parliament were too
remote to be grasped by them as bearing on the welfare
of all English subjects. So far as the bulk of the people
of Virginia could see, the King was fighting for the pre-
servation of his inherited prerogatives against a vast
multitude of rebels; and that spectacle, greatly shocking
their loyal feelings, aroused their indignant sympathy
on his behalf. All Berkeley's influence, which at this
time was very powerful, was directed towards confirm-
ing and spreading this sympathy. Whatever may
have been his faults, he was not the person to allow
his impulses to be controlled by suggestions that were
purely politic; indeed, he had no toleration for any
form of compromise ; and in this great crisis, he probably
omitted no opportunity to express his detestation of
the Roundheads and his admiration for Charles's
character and his devotion to his person. His influence
was supported by that of the large body of Cavaliers
who had found a refuge in Virginia, where their social
accomplishments, experience in the Civil Wars, and
fidelity to the throne, had given their opinions and
sentiments extraordinary weight.

Loyalty to the Throne 277

How firm was the Virginians' loyalty to the Monarchy
in spite of the cloud of misfortune and despair which
hung over it after Charles's death, was shown by the
action of the justices of Lower Norfolk as late as 165 1,
when the King had been in his grave at least two years.
On its being reported to them that John Townes had
been heard speaking traitorous words against Charles II,
they promptly issued a warrant for his arrest; and he
was only released after he had given satisfactory
security to appear before the General Court to answer
for his ofTence. As he persisted " in his seditious ways
and malignant terms" against the King, he was re-
arrested, and kept in close custody until carried off
by the sheriff to Jamestown. Townes, who followed
the trade of a carpenter, does not seem to have
possessed any influence ; nor did he represent a segment
of public opinion held by a great many others besides
himself.^

In offering a determined front to the fleet dispatched
in 1 65 1 to the Colony by Parliament, Berkeley, no
doubt, was fully aware that he was supported by the
active sympathy of the overwhelming majority of the
Virginian people of all classes. Among the very liberal
terms secured by his boldness and firmness was one
declaring that "neither the Governor nor Council
should be obliged to take an oath to the Commonwealth,
nor be censured for speaking well of the King for one
year." Berkeley himself had very probably suggested
the insertion of this provision, not for one year, but
perhaps for an indefinite period. He was permitted
by the same memorable articles to send a messenger to
Charles II in Holland to inform him of the surrender.

■ Lower Norfolk County Records, vol. 1646-51, p. 174; also
Orders Oct. 30, 1651.

278 Political Condition

All persons residing in the Colony who had served the
late King, whether in military or civil life, were guaran-
teed exemption from punishment, and the right to
follow out their own lives as they should prefer.^

When news of the fall of the Commonwealth arrived
in the Colony, Berkeley seems, with the entire approval
of the people, to have resumed the performance of all
the duties of the Governorship even before he was
formally chosen to the position by the Assembly's
votes in accord with the custom which, as we have
seen, had prevailed during the time of the Protec-
torate. 2 The proclamation issued in Surry county
announcing the restoration of Charles II to the English
throne was a duplicate of all those publicly read at the

» British Colonial Papers, vol. xi., No. 46. The following shows
the attitude of many persons even after the power cf the Common-
wealth had been firmly established in the Colony. It is possible,
however, that Greene exaggerated his loyalty.

"To Honorable Col. Browne, the Humble Remonstrance of
Peter Greene, giveth you to understand that the seducing year
there was a strange horrid imposition by oath enjoyned on the
people in general, but most especially upon the Commanders of
the CoUonie, of the which I was then one of the number, in the
Behalfe of (i. e., respect of) my King and Countrie, the which oath
seemed so detestible and sacriHdgious to me that I did not only
refuse it, but did likewise utterly detest the thoughts of it, being
a most damnable hereticall imposition contrary to the fundamental
laws of the Kingdom and my tender conscience; and withall did
then in the face of the enemy that had then power to destroy
my body, express and declare that I would suffer the execution of
Death before my own doore than derrogate from those kingly
principalis which I had been ever naturally endowed with; this
I have thought good to declare unto you, not that I desyre a cap-
tain's place according to succession, but that you would be pleased
to consider ye endeavours and loyalty of ye King's antiente friends
and acquaintance, not that it is my desyre to displace any now, but
that my loyalty may be considered by some encouragement ac-
cording to my Deserts; Peter Greene." Surry County Records,
vol. 1645-72, p. 129, Va. St. Libr.

2 See Va. Maga. of Hist, and Biog., vol. vii., p. 314.

Loyalty to the Throne 279

same time throughout Virginia: it declared that, im-
mediately on the decease of Charles I, the English
Crown, and the whole of the English dominions, had
descended to his son as the next heir of the blood royal,
and that his subjects in Surry faithfully submitted
themselves to him as their lawful King. This pro-
clamation was made in the presence of a large part of
the population of the county assembled at the county
seat in anticipation of the event ; and we learn from the
contemporary records that it was received with loud
and joyful acclamations.^ In York, the same happy
occasion was celebrated by the expenditure of one
barrel of powder in repeated volleys. The big guns
used for this purpose belonged to Captain Fox, who was
paid a liberal fee for lending them to the county. The
trumpeters must have preceded and followed up the
proclamation with a long and lively fanfare, for they
were allowed for their services so large a sum as
eight hundred pounds of tobacco. One hundred
and seventy-six gallons of cider were provided for
the people's consumption in drinking the health
of the King. Nor were the authorities content to
furnish fusillades, music, and liquor alone for the
crowd in attendance: they also employed Rev.
Philip Mallory to deliver a sermon in which the popular
gratitude to God for the restoration of their rightful
Sovereign should be voiced with the pious gravity and
dignity worthy of so memorable an event. 2 After this,
whoever dared to reflect upon the King or the royal
government was severely punished. In the course of
the following year, it having been reported to the
justices of the same county that Thomas Cheney had

' Surry County Records, vol. 1645-72, p. 164, Va. St. Libr.
2 York County Records, vol. 1657-62, p. 243, Va. St. Libr.

28o Political Condition

spoken " dangerous and unlawful words" of his " sacred
Majesty," he was promptly arrested for the offence;
and on his refusing to take the oaths of allegiance and
supremacy, was hurried to the whipping post and there
forced to submit to thirty lashes administered so vig-
orously that the blood flowed. It was afterwards
proven that Cheney was not responsible for his
seditious utterances as he had lost his reason.^

The loyalty of the upper ranks among the Virginian
people was, perhaps, never greater than during the first
fourteen years following the restoration of the Stuart
dynasty; the reaction which showed itself to such a
marked degree in England was reflected to an equal
extent in every department of the Colony's affairs.
This was due in part to the influence of Berkeley, who
carried his devotion to the monarchy to a point not
exceeded in extravagance by Charles's immediate
followers; like them, he had made extraordinary
sacrifices for his King; and when the King had come
to his own, Berkeley, like them also, was disposed to
think that his reward should be in proportion to what
he had suffered. Under the system of the re-established
monarchy, — all the political powers being concentrated
to such an unprecedented degree in the hands of him-
self and the principal landowners, — it was only natural
that, among the members of his class especially, the
attachment to the throne should have become stronger
than ever because so intimately bound up with their
own pecuniary interests. Nor was it seriously shaken
by the cool indifference to the Colony's welfare shown
by Charles II in granting the whole of Virginia to two
noblemen who had won his favor, although that act
aroused such emphatic and outspoken opposition.

' York County Records, vol. 1657-62, p. 311, Va. St. Libr.

Loyalty to the Throne 281

The agents sent to England in 1675 to protest against
the patent to Adington and Culpeper, and also to ob-
tain a charter confirming the rights previously be-
stowed on the people of the Colony, declared very truly
that, during the whole of the period since the Company's
dissolution in 1624, the General Assembly had never
passed a law in derogation of the royal prerogatives.^
"The Virginians," they asserted, "are and have ever
been heartily affectionate and loyal to the monarchy
of England, and under that to their present govern-
ment of Virginia, constituted, they humbly conceive,
in imitation of it. The New Englanders have obtained
the power of choosing their Governor, but the Virginians
would not have that power, but desire that their
Governor may from time to time be appointed by the
King. The New Englanders imagine great felicity in
their form of government, civil and ecclesiastic, under
which they are trained up to disobedience to the Crown
and Church of England, but the Virginians would think
themselves very unhappy to be obliged to accept of and
live under a government so constituted, although they
might therewith enjoy all the liberties and privileges the
New Englanders do." 2

Such was the language used by Morryson, Ludwell,
and Smith in their memorable petition to the King on
behalf of the Virginian people ; and perhaps there were
no other three citizens of the Colony who had been
made more competent by long experience and obser-
vation, to describe the real characteristics of that people,
or who understood more thoroughly the spirit animating
them in their attitude towards the throne.

Thomas Ludwell, writing to Lord Arlington, affirmed

» Hening's Statutes, vol. ii., p. 527.
2 Randolph MS., vol. iii., p. 331.

282 Political Condition

that Bacon and his followers had formed "vain hopes of
taking the country wholly out of his Majesty's hands
into their own."' If this statement was justified by
fact at all, it was justified only when the rebellion had,
by its own momentum, gone very much farther than
Bacon himself had designed at the beginning of the
movement. It is true that he urged resistance to the
royal troops in the field should they be sent over, but
it was with the reservation that this should only be
done provided that they arrived before the aggrieved
colonists could lay before the King their reasons for
rising. Whatever may have been his secret ambition
when the conflict between Berkeley and himself had
reached the last stage of bitterness, there is no reliable
evidence to prove that he seriously contemplated setting
up a government in Virginia that should be entirely
independent of England. Even the mere appearance
of antagonizing the Mother Country, to which he was
driven towards the end of the insurrection, caused
nearly all those members of the higher class of planters
who had at first sympathized with his aims, to fall away
from his side. His enemies' assertion that his followers
represented the "scum of the people" thus became
substantially true, although many men of high and
noble spirit, like Thomas Hansford, for instance, re-
mained loyal to him and his cause until the last hour.
The complete termination of the movement at his
death showed that he alone was able to give it firmness
and confidence at the extreme stage which it had then
reached. It will always remain an open question
whether his powerful influence could have held his
ignorant troops together when confronted with such
an unmistakable evidence of their being looked upon as

' Colonial Entry Book, 1675-81, p. 153.

Loyalty to the Throne 283

rebels by the English Government as the arrival of
English reguars sent to disperse them at the point of
the bayonet.

Throughout the remainder of the century, expressions
were in common use which disclose the unconscious
loyalty of the Virginians. For instance, the county
judges always designated themselves as "His Majesty's
Justices." When, in 1686, William Browne, of Rap-
pahannock, blurted out many "slighting and scurri-
lous" words to show his contempt for all forms of
authority, his language and conduct were declared by
the county court to be highly prejudicial to "His
Majesty's peace," and the high sheriff was ordered,
"in the name of His Majesty," to take the culprit into
his custody. 1 Such was the ordinary formula in all
court proceedings. Not infrequently an entry in the
records respecting the course of some person who had
been drowned or had committed suicide begins with the
words: "His Majesty having lost a subject, a man this
day being found dead." 2 Nor was this spirit confined
to such documents. The political records reveal as
vividly as the legal the loyalty of the Virginians;
naturally, it was there couched in even warmer terms
because so often these political records were papers
addressed directly to the King, or to bodies, like the
Privy Council, very closely associated with him.^

Very great care was taken by the authorities of the
Colony that no rumors of a seditious character touch-
ing the monarchy should be permitted to circulate.
Whoever happened to overhear even a whisper of that

■ Rappahannock County Records, Orders May 5, 1686. These
forms were also used in England.

2 Henrico County Records, vol. 1677-92, orig. pp. 330, 334.

3 British Colonial Papers, vol. Iv., Nos. 125, 156, I.

284 Political Condition

nature was ordered to report the fact to the nearest
justice; and all persons known to have indulged in such
a discourse were arrested and tried as guilty of a grave
offence, not only against the peace of the community,
but also against the sacred rights of the throne. When
the first report of Monmouth's Rebellion reached
Virginia, the ship-masters coming from England were
warned against divulging any information w^hich might
produce a feeling of uneasiness and uncertainty in the
Colony on account of the supposed unsettled state of
affairs in the Mother Country. Full assurance of
Monmouth's capture and the suppression of the up-
rising having arrived, a proclamation was issued di-
recting the people to observe a day of Thanksgiving for
so signal a blessing. ^ Nor was the loyal devotion to the
King confined to the subservient Howard and his
Council, whose interests were so closely wrapped up in
James's retention of power as against such an upstart
as his nephew^; when, in 1688, news was brought that a
Prince of Wales had been born, all the counties appear
to have responded with voluntary and unaffected
heartiness to the Governor's command that a day
should be set apart for celebrating so auspicious an
event. The justices of Rappahannock, for instance,
gave at once an order to Captain George Taylor to
convey to the northside court-house a large quantity of
rum and other liquors, with a proportionate supply
of sugar, for the use of the troops of horse, companies
of foot, and other persons who should assemble on that
occasion. Captain Samuel Bloomfield was to perform
a like service in furnishing the spirits for quenching the
thirst of those who should gather at the southside
court-house at the same hour. It was estimated that

' Colonial Entry Book, 1680-95, PP- 219, 225.

Loyalty to the Throne 285

the outlay entailed in liquors alone for this one county-
would reach ten thousand pounds of tobacco, a very
great sum to expend in this manner even at that early
day.^ In Middlesex, Mr. Richard Robinson was al-
lowed in the public levy about sixteen hundred pounds
of tobacco for providing wine and cider for the celebra-
tion of the birth of the same unfortunate prince, who
was hardly born before his brilliant prospects became
permanently overclouded. ^

There are indications, however, that many persons
in Virginia, owing to their disapproval of the King's
attitude towards the Church of England, had begun to
turn their eyes towards the Prince of Orange some time
before it was known that he had set out on his memo-
rable expedition to dispossess James of his throne. For
instance, in March, 1689, Henry Pike, while drinking
at the table of Colonel John Custis the health of that
Prince, exclaimed as he raised his cup: "God save the
King." This caused such scandal and consternation
that he seems to have been arrested on the spot.^
Nevertheless, the culprit really reflected the rapidly
changing sentiment of the people, who, as the ecclesias-
tical policy of James became more clearly understood
by them, were increasingly disposed to weaken in their
allegiance, so that when the order for proclaiming
William and Mary King and Queen arrived, they re-
sponded as a body with alacrity. In Henrico county,
the satisfaction over the change in the English Govern-
ment seems to have been practically universal, and the
event was celebrated at the county seat by the firing of
guns, the beating of drums, the sounding of trumpets,

» Rappahannock County Records, 1686-92, orig. p. 141.
» Middlesex County Records, Orders Nov. 11, 1689.
3 Northampton County Records, vol. 1683-89, p. 426.

286 Political Condition

and the loud and prolonged hurrahing of the assembled
multitude. The two monarchs had already been
proclaimed at Jamestown, no doubt with ceremonies
equal in stateliness and fervor to any previously
occurring in the Colony's history. ^ Rappahannock,
which, as we have seen, had, a short time before, hailed
the birth of a Prince of Wales with so much enthusiasm,
was now so devoted in its loyalty to the new King and
Queen that the slightest expression in disapproval of
their accession, or in criticism of their actions, was there
punished with extraordinary severity. Roger Love-
less, a citizen of this county, who had, on a public
occasion, been so bold as to drink a health to King
James and death to King William, was arrested, and
by order of court condemned to receive at the whipping
post twenty lashes laid on with all the force which the
constable could use; and in addition was required
to give satisfactory security for his good behavior. 2
Loveless, it is evident, occupied an humble place in the
community, and in uttering the words with which he
was charged was probably animated more by a spirit
of bravado than by any real attachment to the cause of
the deposed monarch.

> Henrico County Records, vol. 1688-97, P- 4^, Va. St. Libr.
, ' Rappahannock County Records, vol. 1686-92, orig. p. 302.

CHAPTER VI
Territorial Divisions

AT the time when the Colony of Virginia was
founded, the territorial divisions of England con-
sisted of the Shire or County, the Hundred, and
the Town or Tithing. The Town or Tithing was com-
posed, as the name implied, of ten families ; the Hundred
of ten times ten; and the County of an indefinite
number of hundreds.^ It was only natural that, when
the emigrants came to lay off territorial divisions in
the new dominion oversea, the custom prevailing in the
Mother Country should have been adopted as the one
most familiar to all English subjects. In the begin-
ning, before the settlements had spread out very much,
the expectation was entertained that the Colony's
population would be grouped together very thickly;
indeed, it was not perceived until some years later that
the peculiar demands of tobacco culture would lead
to the dispersion of the inhabitants, and that the
teeming communities of the Old World would, in
consequence, find no counterpart in Virginia. There
appears, however, to be no evidence that the term
"town" or "tithing" was ever formally applied in the
Colony to every ten families; on the other hand, the
use of "hundred" as a term expressing a territorial
division, and supposed in theory at least to embrace

» Blackstone's Commentaries, Book I., p. 113 et seq.

287

28S Political Condition

an hundred families, was introduced at a very early
date. As the ground occupied by an hundred families
in Virginia was far more extensive than the ground
occupied by the same number of families in England, it
is quite probable that the significance of the division
from this, the personal, point of view was soon lost, and
the Hundred came to be purely territorial, without
regard to the number of its inhabitants, although the
expectation was, no doubt, indulged that, should that
number when the Hundred was created fall short of
twice fifty families, time would supply the deficiency.
In Virginia at first as in England, the Hundred was
the unit for judicial, military, and political purposes
alike. Perhaps the first suggestion of the Hundred as a
military division occurred when Captain Francis West
and Captain John Martin were ordered to lead each one
hundred men, the one to the Falls, the other to Nanse-
mond, there to make settlements.^ The next Hun-
dreds to be laid ofl were established partly also for
military purposes; this occurred in 1611, when Dale,
having seized a wide area of country near the mouth of
the Appomattox River belonging to the Appomattox
Indians and composed of champaign and woodland,
divided the whole tract, after he had given it the general
name of New Bermudas, into several Hundreds known
as the Upper and Nether, Rochdale, Digges, and
West and Shirley. ^ The Nether Hundred seems to
have been incorporated under a formal charter, by the
terms of which its citizens were for a time required to
perform certain duties and tasks, but were afterwards

1 See Works of Captain John Smith, Arber's and Richmond
editions.

2 Works of Captain John Smith, vol. ii., p. 12, Richmond edition;
Hamor's Discourse, p. 31.

Territorial Divisions 289

to enjoy their full freedom. Previous, however, to
acquiring it, they seem to have occupied a more ad-
vantageous position than most of the colonists; for
instance, they were legally bound to work during only
thirty days for the benefit of the common magazine;
they were also impowered to refuse to obey all calls
for their services made during the time they were em-
ployed in sowing their seed or reaping their harvests;
nor were they under obligation to contribute more than
two and a half barrels of corn to the public store; nor
could they be ordered by the Governor, or any other
official, however high his position, to give up their
agricultural pursuits, and follow any special trade to
which they had been trained in England, — a privilege
of great moment in a colony where artisans were so few
in number that there was a constant disposition on the
part of persons in authority to force them to devote
themselves exclusively to meeting the crying mechanical
needs of the community. Even Argoll, a Governor who
seems to have been only too arbitrary and unscrupu-
lous in spirit, was disinclined to trample on the rights
possessed by the inhabitants of this Hundred, but this
may have been because he was enrolled among its
citizens himself; when the inhabitants of the Bermuda
Hundreds protested against the order he had given to
Captain Madison to clear West and Shirley Hundred of
wood, he acknowledged as just the claim to its owner-
ship put forward by them; and assured them that, as
belonging to the Bermuda Hundreds himself, he would
not knowingly or willingly infringe on their privileges. ^

» See for details about the Bermuda Hundreds, Rolfe's "Relation "
in Va. Hist. Register, vol. iii., No. i, p. 109; Works of Captain John
Smith, vol. ii., p. 12, Richmond edition; Randolph MS., vol. iii.,
pp. 140, 142.

VOL. II. — 19

290 Political Condition

Perhaps the most important use made of the term
" Hundred " in the early history of Virginia occurred in
connection with the numerous associations estabHshing
large communities of new settlers at various places in
its territory. Most of these associations or societies,
although of a private character, were deeply interested
in the success of the general enterprise, and sought to
advance its prosperity by increasing the population at
their own expense; each seems to have sent over a
considerable number of persons, who were seated
within the bounds of a tract previously patented; this
tract at once acquired the name of " Hundred " ; and as
such continued to be designated for many years after
the association or society originally owning it had been
dissolved. One of the earliest of the tracts to be thus
taken up was Southampton Hundred. This Hundred,
known at first as Smythe's Hundred, in honor of Sir
Thomas Smythe, spread over as wide an area of ground
as eighty thousand acres. Among other Hundreds of
the same character were Stanley's and Lawne's.
Christopher Lawne, in 161 9, transported to the Colony
one hundred settlers, whom he established at Wan-os-
quoik. Berkeley's Hundred seems to have been founded
in a similar manner. The only Hundred of any kind
laid off on the Eastern Shore was St. George's, which,
like Fleur de Hundred and the Bermuda, continued to
be a purely local designation long after its territorial
and personal significance had passed away.^

» Northampton County Records, Orders July 28, 1645. I"
February, 1619-20, the Quarter Court in England passed an order
that all the leaders or captains of particular plantations who had
gone thither to establish themselves, their tenants, and servants
there, should enjoy the right, "until a form of government be there
settled, to associate unto them the discretest of their companions
to make ordinances and constitutions for the better directing of

Territorial Divisions 291

The Hundred, during the first years of the Colony's
history, was also used as a unit for judicial purposes.
There was passed, in 1624, an Act providing that courts
should be established in Charles City and Elizabeth
City. The county had not yet been created, and " city"
was a term to a certain extent convertible with " Hun-
dred." These courts, as has been pointed out already,
were conducted by the commander of the district as-
sociated with a certain number of commissioners
nominated by the Governor.

The words "hundred," "city," and "plantation"
seem to have been included in the term " borough " for
political purposes. Under the system prevailing at
this time in England, the citizens of each borough who
owned property, paid taxes, and could cast a vote,
were known as Burgesses. As the first Assembly to
meet in Virginia was composed of men representing the
boroughs into which, as we shall see, the Colony was
now laid off, they were designated as Burgesses, a
name the members of the House continued to bear
throughout the colonial period.

When the first General Assembly came together in
16 19, the Colony was already divided into four great
corporations, known respectively by the names of
James City, Charles City, Henrico, and Kikotan. The
country belonging to James City extended on both
sides of the river and embraced within its limits almost
the same area of ground as now makes up the counties
of Warwick, James City, Isle of Wight, and Surry.
Charles City hugged the line of James River from the
modem Jones' Neck to the mouth of the Chickahominy.

their servants and business, but these regulations must not be con-
trary to the laws of England"; see Minutes of Quarter Court for
Febr'y 2, 1619, Neill's Va. Co. of London, p. 129.

292 Political Condition

Henrico began at Farrar's Island, the whole of which it
took in, and from thence spread on both sides of the
stream westward. Finally, Kikotan embraced the
reach of country situated between the southern boun-
dary of James City and the Bay. The Eastern Shore,
at first known as the "Kingdom of Accawmacke,"
does not seem to have belonged to any one of these
four great corporations.^

It was originally intended that each corporation
should possess a capital town of its own; this for Kikotan
was to be Elizabeth City; for James City, Jamestown;
for Charles City, City Point; and for Henrico, Henricop-
olis.2 Jamestown alone grew to be a place of impor-
tance, not from the size of its population, but from the
fact that, throughout the Seventeenth century, it was
the seat of the Colony's general administration. Each
of the four corporations was divided into boroughs
according to the number of its inhabitants. Henrico
and Kikotan, not being so thickly settled, were re-
spectively laid off into one borough; James City, on
the other hand, was divided into four boroughs; and
Charles City into five.^ Each borough represented
the incorporation into one of all the towns, hundreds,
and plantations situated within its boundaries. The
entire number of boroughs were governed by the same
laws and regulations.

Situated in the midst of these boroughs was a large
tract of land which Captain John Martin had acquired
under a patent allowing him within its boundaries
certain special privileges and exemptions.* He even

• Brown's First Republic, p. 313.

2 Tyler's Cradle of the Republic, p. 115.

3 Brown's First Republic, p. 313.

* For several years, Martin had held an important command,

Territorial Divisions 293

went so far as to assert that, by the terms of his patent,
the inhabitants of this tract were not subject to the
orders and regulations which the Company, in 16 18,
had instructed Governor Yeardley to enforce, with per-
fect equaHty and uniformity, throughout the Colony;
and that they were not even required to submit to any
Acts which the General Assembly itself might see fit
to pass. The clause quoted by him in support of this
extraordinary claim declared that " it should be
lawful for Captain Martin to govern and command all
such persons as he should carry over with him, or should
be sent him hereafter, free from any command of the
Colony, except it be in aiding same against any enemy."
When the first Assembly convened, the Burgesses
chosen from Martin's Hundred, as the grant was known,
were not suffered to take their seats, on the ground
that this Hundred had no right to elect separate
representatives. Martin protested, but the Company
declined to sustain him when he appealed to it in
England. That body seems even to have taken away
his patent ; but promised to restore it on condition that
he should abandon his claim to special privileges; and
to this, after a long and bitter struggle, he was com-
pelled to yield. It would appear that he had given
much umbrage by making the territory embraced in his
grant a refuge for persons hopelessly in debt, and by
declining to permit their arrest ; and the same right of
asylum was also extended to other persons of evil

when, in 1616, he received, as a reward for his services, ten shares
of land. It was owing to the King that his patent to this land was
accompanied by such extraordinary privileges. Argoll protested
against the conference of these privileges, but fear of offending
James seems to have prevented any step from being taken at this
time to deprive Martin of them; see Va. Maga. of Hist, mid Biog.,
vol. vii., pp. 26S-74.

294 Political Condition

reputation. The officers who had come to take them
into custody were threatened, should they refuse to
leave, with the alternative of lying neck and heels in
the place of public punishment.^

In 1634, the Colony was laid off into eight large
shires. This was the final step in the plan which Dale
had in mind, in 161 1, when he established the Bermuda
Hundreds, and the Company, in 16 18, when they
divided the four great corporations into boroughs.
With the erection of the shire or county, Virginia's
resemblance to the Mother Country in its territorial
designations was completed, — only that the Hundred
had become wholly nominal, owing to the wide disper-
sion of the population under the influence of the plan-
tation system. When provision was made for the
creation of the shires, it was distinctly stated that they
were to be governed after the manner followed in
England during so many centuries; there was to be a
Lieutenant or Commander of each shire as in the
Mother County, and he was to be appointed just as he
was there ; each shire was also to have its own sheriff,
to be nominated in the like way; and each was also, by
the same Act, impowered to have its own sergeant and
bailiff. The names bestowed on the new shires were
James City, Charles City, Elizabeth City, Henrico,
Warwick River, Warrosquoick, Charles River, and
Accomac.2 Each was divided into parishes, precincts
or boroughs for the constables, and precincts or walks
for the surveyors of the highways. It is evident from
this that neither the Hundred nor the Town or Tithing,

> British Colonial Papers, vol. iii., No. 36 I; see also Colonial
Records of Va., State Senate Doct. Extra, 1874, p. 18.

2 Hening's Statutes, vol. i., p. 224; Randolph MS., vol. iii., pp.
235-6.

Territorial Divisions 295

which were among the oldest of all the English territorial
divisions, was recognized when the Colony was thus
laid off; and the reason given was that such minor
divisions were only called for in a thickly settled
country.^ The division into shires or counties,
parishes, and precincts, was kept up throughout the
remaining years of the century. 2

At first, in laying off a new county, the chief con-
sideration was to bring all its extremities as near as
possible to one common centre. On the other hand, the
chief consideration at a later period seems to have been
to restrict the area of the proposed county to the valley
of one great river, which would furnish to all the new
county's citizens convenient means of shipping, with-
out their having to turn to any other great stream
situated in an entirely different county.^ From a
trading point of view, each county was thus made
practically independent of its neighbors.

By whom were new counties formed? As early as
1655, the General Assembly is found giving an order
to three commissioners of Nansemond and Isle of
Wight respectively to come together for the purpose
of agreeing finally upon the boundaries of those two
counties, about which there seems to have been a
serious dispute; and they were directed to report their
conclusions to the next Assembly.^ In 1669, when the
question of dividing Lower Norfolk was under advise-
ment, the same body, having first decided to refer the

' See letter of Thomas Ludwell to Arlington in 1666, British
Colonial Papers, vol. xx., Ncs. 125, 125 I.

2 Beverley's History of Virginia, p. 192.

3 Ibid.

* Hening's Statutes, vol. i., p. 405. Hening, in a note, states
that, previous to 1644-5, ^^^ power of forming counties was vested
in the Governor and Council ; see Hening's Statutes, p. 294.

296 Political Condition

matter to the vote of the inhabitants for determination,
instructed the justices to appoint a date for them to
meet, and also to select a convenient place, — both the
date and the polling place to be announced at least
two Sundays beforehand from the pulpit of every
church and chapel-of-ease situated in the county. ^

It would appear, from this instance, that, whenever
it was proposed that an old county should be laid off
into two new counties, the General Assembly, which
really possessed the power of making the division
without consulting the inhabitants, nevertheless was
in the habit of leaving the question to their suffrages
as the.persons whose welfare was most deeply involved.
If, on the other hand, the new county was one which
had to be carved out of an area of country lying to-
wards the frontier, and only recently settled, then there
is no reason to think that this body deemed it necessary
to find out its people's wishes as to whether a new
county should be formed or not ; the only point to be
determined here was as to whether this area was oc-
cupied by a sufficient population to bear the expenses
certain to arise after the county was organized. The
task of defining the exact limits of a new county estab-
lished on the frontier was, no doubt, performed by
specially chosen commissioners, the course followed,
as we have seen, whenever an old county was divided
in consequence of the increase in the number of its
inhabitants; but, in each instance, the commissioners'
reports had to be approved by the General Assembly
before they could be accepted as legally conclusive.

Every county situated on the western frontier was
regarded as having an indefinite extension into the
unknown forests stretching apparently without a limit

» Lower Norfolk County Records, vol. 1666-75, P- 77^-

Territorial Divisions 297

towards the setting sun. In the beginning, such
counties as Stafford, New Kent, and Henrico had no
western boundaries; and both Stafford and Henrico
continued to have none even down to the close of the
Seventeenth century. This was the case with Norfolk
county also after Lower Norfolk had been divided
into the counties of Norfolk and Princess Anne. Whilst
the counties lying in the heart of the Colony never
covered a very broad area, the process of subdivision
went steadily on almost from the year when the eight
original shires were created. The progress of this
subdivision among the old counties was, in fact, far
more rapid than the progress of the creation of new
counties on the frontier; indeed, it was not until many
years had passed after the opening of the Eighteenth
century that the line of original counties reached the
foot-hills of the Blue Ridge, although, as the crow flies,
from the great falls in the James and Rappahannock,
the distance hardly exceeds a journey of two days by
horseback. The comparative slowness with which
counties were formed to the west of these great falls is
attributable to the absence in those parts at that date
of all means of transporting crops. The planters
throughout the Seventeenth century were dependent
upon the streams for the removal of their tobacco,
and when the settlements had reached the falls, the
disposition of the growing population then was rather
to spread over the vacant spaces in the existing counties
accessible to the chief rivers than to push forward into
a country without navigable arteries communicating
with the Colony's markets. There is perhaps no
more remarkable illustration of the part which the
great rivers played in Virginia's development during
this century than the fact that, from the foundation of

298 Political Condition

HenricopoHs on Farrar's Island in 161 1 until the close
of 1700, the country west of the falls in the James,
where the modem city of Richmond stands, was known
as the World's End. Here the navigable waters
stopped, and apparently no serious attempt was made
to settle the waste of woodland beyond until the
Huguenots' arrival at the end of the century. It was
as if that wide reach of forest lying between the moun-
tains and the points in the great streams reached by
the pulse of the ocean tides was haunted by dragons
resentful of all intrusion into those dim and silent
shades where they had dwelt immemorially. When
Spotswood and his light-hearted companions in the
following century set out on their adventurous expe-
dition towards the Blue Ridge, they looked upon them-
selves very properly as about to explore a land trodden
only by bands of savages, herds of buffalo, and prowling
wolves, bears, and panthers, although, for an hundred
years or more, Englishmen had been living almost in
sight of the highest peaks of the chain. Such was the
influence of the country's configuration upon the
spread of its population! Such the impression of
the great rivers upon its economic development!

One of the most conspicuous evidences of the Vir-
ginians' loyalty to the throne and the Mother Country
during the Seventeenth century is found in the names
then given to the different counties. Of the eight
original shires, only two bore names drawn from Indian
sources, and in time both of these were dropped,
although " Accomac " was readopted when Northamp-
ton was laid off into two counties. James City
and Charles City were named in honor of James I and
Charles I, Elizabeth City of Princess Elizabeth, and
Henrico of Prince Henry, her brother. At a later date,

Territorial Divisions 299

York, Lower and Upper Norfolk, Isle of Wight, New-
Kent, Westmoreland, Northumberland, Middlesex,
Gloucester, Surry, Lancaster, Stafford, and Essex, all
reflected in their names an affectionate recollection
of the great territorial divisions of England in which
so large a proportion of the Colony's inhabitants had
first drawn breath, and is an additional proof of the
eagerness of the Virginians of these early times to
identify their new homes as far as possible with the old
oversea. When Lower Norfolk county was divided,
the General Assembly conferred on the new county the
name " Princess Anne " in honor of the heiress to the
English throne. Nansemond and Rappahannock alone
of Indian names were, as designations of counties,
retained for many years following the time they were
given; and this was due chiefly to the fact that these
counties were named after the streams on which they
were situated. Had there been any disposition to
adopt an Indian name independently of a purely local
influence, it is probable that Pocahontas would have
been chosen, as that princess had many descendants
in the Colony.

CHAPTER VII
The Governor: His Appointment

THE foremost officer of the Colony was the Gover-
nor. How was he appointed ? In the general
instructions drawn up in 1606 by the King, it
was provided that the President of the Council — who,
under the first charter, performed all the duties of
chief executive — should be chosen from among the
members of that body by a majority of their votes;
and the only restriction placed upon their freedom of
selection was that they should not advance a clergy-
man to the position. The first political act recorded
in the history of Virginia was the administration of the
oaths to the Councillors, and the second, the promotion
of Edward Maria Wingfield to the Presidency. ^ No
President could succeed himself immediately, but could
be re-elected after the intermission of one term. This
regulation was sometimes evaded by means of an open
subterfuge; for instance, when Captain John Smith's
first term expired. Captain Martin was chosen in his
place, but on his resigning at the end of three hours'
incumbency. Smith was again elected. 2

It was not until 1609, — the second charter having in
the meanwhile been granted, — that the head of the
political administration in Virginia ceased to be spoken

' Brown's First Republic, p. 27.

2 Works of Captain John Smith, vol. i., p. 236, Richmond edition.

300

The Governor : His Appointment 301

of as President ; he then came to be known as Governor,
— a name retained throughout the remaining years
of colonial history. The choice of the executive was
now the exclusive right of the London Company. The
first person elected to the office by that corporation
was Lord De la Warr, who was associated with Sir
Thomas Gates as Lieut. -Governor, Sir George Summers
as Admiral, and Captain Newport as Vice-Admiral.
Gates's arrival at Jamestown preceded De la Warr's in
time, and as De la Warr's deputy, he was the first man
to perform the duties of the Governorship in Virginia
under that specific designation, although, as we have
seen, Wingfield and his immediate successors had
performed the same duties under the name of President.
By the provisions of the Ordinances and Constitu-
tions of 1619 and 1620, the Governor and Lieut.-Gov-
emorwere always to be nominated and appointed by the
members of the Company assembled in a quarter court. ^
When the Company's charter was revoked in 1624, the
right to choose these officers reverted to the King.
The bestowal of the Governorship now became so depen-
dent upon personal favor that petitions to the throne
for the purpose of securing it were not unknown ; such
was the manner in which Henry Woodhouse, muster-
master of Suffolk, sought to obtain it in 1634, although,
at this time, Harvey was occupying the position. The
latter's term, however, was now drawing to a close. ^
The King retained the right of appointment until the
overthrow of the Monarchy. In the agreement between
the Commissioners of Parliament and the General
Assembly in March, 165 1-2, it was expressly declared

' Ordinances and Constitutions, 1619, 1620, p. 19, Force's Hist.
Tracts, vol. iii.

2 British Colonial Papers, vol. viii., No. 24.

302 Political Condition

that the "former government by commission and
instructions was null and void." During the period of
the Commonwealth, the Governor was chosen by the
voice of the House of Burgesses, which, on one occasion,
took the shape of a mere resolution ; on another, of a
formal Act.^ This power was derived from the terms
obtained at the time of the surrender^ ; but it does not
appear to have gone entirely unquestioned, for, in 1657,
the English Council of State requested Cromwell to
send out to Virginia, to serve as its Governor, whatever
person seemed to him to be best fitted to fill the office.
At this time, the Colony was in an unsettled condition,
and the Council believed that this was the only sure
means of allaying the prevailing distractions.^ In
such an emergency, the agreement between the Com-
missioners of Parliament and the inhabitants adopted
some years before, was not likely to be treated by the
English Government with strict respect.

As soon as news reached Virginia that the Common-
wealth was at an end. Sir William Berkeley, as already
stated, with great energy and promptness resumed the
office of Governor, apparently at the moment under the
authority of his original commission, which in theory
had remained unrevoked by anything occurring during
the period of the usurpation in England. This decisive
step on his part was soon confirmed by the action of the
General Assembly ; and it was not many months before
he was formally reappointed by royal commission.*
From this time until the close of the century, each

» Hening's Statutes, vol. i., pp. 358, 516, 517, 529.
J Ibid., p. 431.

3 Interregnum Entry Book, vol. cvi., p. 358.

« See Warrant to Attorney-General, British Colonial Papers,
vol. xiv., 1660.

The Governor : His Appointment 303

Governor in succession owed his nomination to the
King's favor alone, and popular influence in the Colony-
had no longer, as during the interval of the Protectorate,
any weight in his selection. The precedent established
during that interval ceased to have any legal impor-
tance; and the Governor, having become again the
foremost representative of the Crown, as such occupied
a position entirely independent of the Assembly from a
political point of view.

There were three ways in which a vacancy in the
office of Governor could be brought about : — first, by
his voluntary resignation; secondly, by his forcible
removal; and, thirdly, by his death. The only in-
stance of voluntary resignation recorded was that of
Captain Martin, who, as already stated, remained
President only three hours. During the period when
the Colony's affairs were administered under the
provisions of the charter of 1606, the earliest to be
granted, the Council was impowered to displace, by
the vote of a majority of its members, the Governor
should there be just ground for taking such summary
action against him. As we have seen, both Wingfield
and Ratcliffe were deposed under the authority of this
law.i In September, 1607, Wingfield was summoned
to appear before the new President and Council, and not
until then were the reasons for his removal disclosed to
him. A formal indictment embodying all the accusa-
tions against him having been read in his hearing by
the Recorder, Gabriel Archer, he demanded a copy of
this document and sufficient time in which to reply to
its various charges; but neither request was complied
with. When asked to whom would he appeal, he

> Brown's First Republic, p. 27; Works of Captain John Smith,
vol. i., p. 192, Richmond edition.

304 Political Condition

answered, "To the King," on whose mercy he threw
himself; he was then committed as a prisoner to the
pinnace lying in the river at Jamestown ; and was only
allowed to go on shore on Sunday at the hour of
religious services.^

' Argoll, aware of the anger felt by the Company
towards himself on account of his arbitrary conduct,
and expecting the early arrival of Yeardley, appointed
as his successor, took ship and stole away from the
Colony. Harvey was removed by the vote of his own
Council; but as this action was deemed seditious by
the English Government, he was reinstated in office.
Berkeley was displaced by the surrender to Parliament,
and was only restored to his old position after the
fall of the Commonwealth. Culpeper, for returning to
England without leave, was threatened with forcible
removal from the Governorship unless he went back to
Virginia and resumed the performance of its duties ; and
this he had the discretion to do.

Both before and after the revocation of the London
Company's letters-patent, special provision was made
for filling a vacancy in the Governorship caused by the
death of the incumbent. As early as 162 1, Wyatt
received instructions to impower the members of his
Council to choose a successor to himself within fourteen
days after his decease, should he die in office. If the
number of votes cast for each of two opposing candi-
dates was equal, then the Lieut. -Governor was to take
the place of the late Governor; and if there was no
Lieut. -Governor, then the Marshal ; and if there was also
no Marshal, then the Treasurer. 2 Whoever assumed the

» See Wingfield's Discourse of Virginia in Arber's edition of the
Works of Captain John Smith.

2 Instructions to Wyatt, 1621, Randolph MS., vol. iii., p. 163.

The Governor : His Appointment 305

position under these circumstances was to hold it only
until the Company or the Crown, whichever at the time
was in control, should make a permanent appointment.
When, in 1627, Yeardley died, the Council met the day
after that event, and by a majority of voices selected
Francis West to fill the vacancy. The new Governor
at once wrote to the English authorities to inform them
of his accession.! It appears that, in a letter addressed
to the Commissioners nominated to settle the affairs
of Virginia, Charles I had designated Harvey as Yeard-
ley's successor in case of the latter's death; and it was
only in the contingency that the former also should die
that the Council were to possess the right to choose
a new Governor. As they proceeded so quickly to
supply the vacancy, it is to be inferred that Harvey
was not at the time residing in the Colony. 2 When he
himself was deposed, the Councillors, on examining his
commission, found that they were impowered by its
terms to name his successor, should the necessity of
filling the position arise. Quietly waiting until they
knew positively that the ship transporting him to
England had passed out of the Capes, the Councillors
then proceeded to nominate John West, who, from
Point Comfort, where he had probably been watch-
ing the departing vessel, informed the Commis-
sioners of Plantations of his promotion.^ When
Harvey returned to the Colony, the new commission
which he brought with him conferred on his Coun-
cil a like power of election in case of his death
during his term of office; and the same power was

» See letter dated Dec. 20, 1627, British Colonial Papers, vol.
iv., No. 34.

2 Randolph MS., vol. iii., p. 195.

3 See West's Letter in British Colonial Papers, vol. ix., No. 7.

VOL. 11-20

3o6 Political Condition

repeated in the instructions given to Wyatt some
years afterwards, i

The succession to the Governorship in case the
incumbent either resigned, was removed, or died, was
fixed by royal instructions in 1679 as follows: — first,
the Lieut.-Govemor, and in this provision the Deputy-
Governor was, no doubt, included; secondly, the Sec-
retary of the Colony; and thirdly, the Major-General
in command of all the military forces. 2 This regulation
seems to have been occasionally extended by the
terms of a particular commission; that of Howard, for
instance, prescribed that, in case he died while in
office, at a time when there was no one at hand author-
ized under the general rule to assume the position, its
duties should be performed by the Council acting as one
body.^ As we will soon see, this in practice signified
that the President of the Council, or its oldest member,
was to undertake these duties, with the assistance of
at least five of his associates.^

Should there be a Lieut.-Govemor residing in the
Colony at the time when the Governor was compelled
to be absent from Virginia temporarily, he at once
assumed all the powers and duties of the place. In
some cases, he filled the position from the beginning to
the end of the Governor's term simply because the
Governor himself, being unwilling to leave England,
had obtained permission to transfer the office on
condition of his sharing the salary and other emolu-
ments with the actual incumbent. In January, 1689-

' Patent Roll 12 Car. I., Part 21, No. I.; British Colonial Entry
Book, 1606-62, p. 216.

2 Colonial Entry Book, 1672-81, p. 365.

' Ibid., 1685-90, p. 19.

* Beverley's History of Virginia, p. 187

The Governor : His Appointment 307

90, Nicholson, who had been appointed Lieut. -Governor
under Howard, received Howard's commission and
instructions for his guidance in as formal a manner as
if he himself had been nominated to the Governor-
ship in the first instance.^

In the absence of a Lieut. -Governor, it seems to have
been sometimes in the power of a Governor, on the point
of leaving the Colony temporarily, to choose his own
deputy. When Dale was about to set out for England
in 1 6 16, he nominated George Yeardley to fill his place
while he was away^ ; and his authority for doing this
was apparently derived from the original commission
granted to De la Warr.^ Half a century later, Berkeley
on the eve of his departure from Jamestown for London
selected, with the approval of his Council, Francis
Morryson to act as his substitute during the interval
which must pass before his return.* When, in the course
of 1673-4, he was again absent. Sir Henry Chichely,
the Deputy- Governor, performed the duties of the Gov-
ernorship, not at Berkeley's, but at the royal instance.^
A few years afterwards, Charles II, by special pro-
clamation, gave directions that the Governor, should
he be called away from Jamestown for any length of
time, was, with the Council's consent, to be impowered
to choose a deputy unless that officer had already been
named by the King in anticipation of the Governor's
temporary withdrawal.^

In the absence of both the Lieut. -Governor and
the Deputy-Governor, the Governor seems to have

» Orders of Council, Feb. 20, 1690, Colonial Entry Book, 1680-95.

2 Works of Captain John Smith, vol. ii., p. 26, Richmond edition.

3 Brown's Genesis of the United States, vol. i., p. 380.
* Robinson Transcripts, pp. 176, 244.

5 Randolph MS., vol. iii., p. 317.

« Surry County Records, vol. 1671-74, p. 205, Va. St. Libr.

3o8 Political Condition

possessed the power, whenever he intended to remain
away from Jamestown only for a comparatively short
time, to confer upon the President and the Council
the authority to execute all the duties incident to
his office. This was done by Wyatt as early as 1623,
when he set out for the Bay to enter into trade
with the Indians^ ; and his example was imitated
many decades later by Culpeper on his departure for
England; but not, however, without his offering
some justification for taking the step : "I leave the
Colony," he declared, "not in the hands of an easy
Lieut. -Governor, but of a prudent, able, and vigorous
Council, for the conduct of almost every individual
member whereof I dare to be responsible. "^ Doubtless,
this encomium was deserved, but the real explanation
of Culpeper' s action was that he wished to avoid that
division of his emoluments which would have followed
the appointment of a Lieut. -Governor. An order had
been given by the Privy Council in 1682, to the effect
that, during the absence of the Governor, one half of
his salary and all his perquisites should be paid to the
Lieutenant or Deputy-Governor nominated to fill his
place^ ; if, on the other hand, that place was taken by
the President of the Council, a deduction of only five
hundred pounds seems to have been made.* In 1684,
Howard, then intending to set out for New York with a

1 Randolph MS., vol. iii., p. i 73.

2 Report 1683, Colonial Entry Book, 1681-5, p. 169; see also
British Colonial Papers, vol. ii., p. 112.

3 Colonial Entry Book, 1 681-5, P- 93' see also Instructions to
Andros, B. T. Va., 1691-2; Entry Book, vol. xxxvi., p. 126. When
Nicholson, Lieut. -Governor under Howard, served as Acting-
Governor, he was paid one thousand pounds sterUng, one half of
Howard's salary. His regular salary, should Howard come over to
Virginia, was not to exceed three hundred pounds sterling.

* Beverley's History of Va., p. 188.

The Governor : His Appointment 309

view to negotiating a treaty with the Northern Indians,
issued a proclamation, after Culpeper's example under
the like circumstances, in which he announced that all
the powers of his commission were, after his departure,
to be exercised by the Council, the names of whose
members he mentioned in succession, without, however,
stating which one was to possess the chief authority,
although this, no doubt, by the force of custom, fell
to the senior.^ Howard was certainly as much in-
fluenced by the spirit of economy as his predecessor in
directing the Councillors to serve in his place, but he
was specially impowered to do this by the terms of his
commission. During the time these duties were exe-
cuted by them, all proclamations issued ran in the
President's name. 2 When, in 1693, Andros was about
to visit Maryland, he published a proclamation in which
he nominated Ralph Wormeley to fill the office of
President of the Council while he himself should be
away, and as such Wormeley seems to have, in Andros's
absence, performed all the duties incident to the
Governorship.^

> See Proclamation in Surry County Records, vol. 1684-86, p.
13, Va. St. Libr. ; see also Colonial Entry Book, 1680-95, p. 203.

2 See, for instance, Proclamation entered in Henrico County
Records, vol. 1688-97, p. 94, Va. St. Libr. Nathaniel Bacon, Sr.,
whilst serving as President in the absence of the Governor, appointed
not only the sheriffs, but also the Secretary of the Colony; see same
Records and volume, p. 121; also Northampton County Records,
vol. 1689-98, p. 44.

* Colonial Entry Book, 1680-95, Proclamation dated 1693.

CHAPTER VIII
The Governor: Length of Term

DURING the operation of the charter of 1606, the
President or Governor was supposed to remain
in ofifice only one year, although, after an
intermission, he was capable of re-election. ^ As we
have seen, this provision of the royal instructions was
quietly evaded in Smith's favor by a subterfuge amply
justified by the success of his administration. When
control of the Colony's affairs passed, under the charter
of 1609, to the London Company, this body raised Lord
De la Warr to the office of Governor for life. 2 The
ordinances of 1619 and 1620, however, required that
the Governor's tenure should not last longer than six
years; three, indeed, constituted the regular term; but
it could be extended to six, should such be the Com-
pany's pleasure.^ The General Assembly, writing to
the Privy Council in 1623, protested against the lim-
itation of the term to three years, — the period adopted
in actual practice, — on the ground that, during the first
year, this officer was almost invariably disabled more or
less by the sickness incidental to his " seasoning " ; and
that during his third, he was making preparations for

> Brown's Genesis of the United States, vol. i., p. 66.

2 Ibid., p. 378.

3 Orders and Constitutions, 161 9, 1620, p. 19, Force's Historical
Tracts, vol. iii.

310

The Governor : Length of Term 311

his departure for England, and, in consequence, was not
disposed to give the strictest attention to the per-
formance of his duties, 1 Writing again in February,
1624-5, just after they had received through Pory, one
of the Commissioners for the settlement of the affairs
of Virginia, full information as to the change in the
form of government following upon the revocation of
the Company's letters-patent, the same body reiterated
their objection to so short a term as three years; during
the first year, they again declared, the Governor was
necessarily devoid of all experience for the proper ex-
ecution of his powers; during the second, he was still
acquiring this experience; and during the third, his
thoughts were too much bent upon his approaching
withdrawal to be directed strenuously towards the
performance of all the functions of his office. It is
probable that these repeated remonstrances produced
an impression, for, in the course of the next year, the
King issued an order that the Governor's commission
should remain in force until its recall had been signified
under the royal seal. 2 This regulation continued in
operation apparently until the Colony passed under the
control of Parliament.

During the Protectorate, the Governor was chosen
for brief terms alone : for instance, in 1657-8, this officer
was elected by the House of Burgesses for a period to
end with the convening of the next General Assembly,
unless, in the interval, the English Council of State
should send over different instructions.^ After the
Restoration, as soon as Berkeley resumed his old po-
sition, the former regulation was readopted, and he

' Randolph MS., vol. iii., p. 177.

' Robinson Transcripts, p. 44.

3 Hening's Statutes, vol. i., pp. 358, 431.

312 Political Condition

remained in office until his successor had received his
commission; his power continued during fifteen years;
and he would not then have lost his hold but for his
violent course after the collapse of the rebellion. Cul-
peper was appointed to the Governorship for life ; but
returning to England without first obtaining leave, was,
on his arrival, arrested; and having been tried for tak-
ing presents from the Assembly, was deprived of his
extraordinary tenure. ^ None of the persons filling the
position after him was nominated for such an indefinite
period; henceforth there continued in operation the
former regulation under which the Governor remained
in office until his commissioned vSuccessor reached the
Colony.

In what manner was the Governor inaugurated?
The first formal ceremony of this kind perhaps taking
place in Virginia was that attending Gates's temporary
assumption of power as De la Warr's representative.
This occurred in 1609. On his arrival at Jamestown,
having caused the people to assemble in the church to
the sound of the bell, he ordered his credentials to be
read aloud; and this having been done, Percy, the
President of the Council under the original charter just
expired, stepping forward, delivered into his hands the
old royal commissions, the official copy of the royal
charter of 1606, and the seal of the King's Council
resident in Virginia. 2 When Yeardley came to Virginia
in 1 6 19, and proclaimed the memorable Instructions
which he had received from the Company, it is quite
probable that the beginning of the new epoch was cel-
ebrated with an extraordinary flourish, but no actual

> Chalmers's Annals, p. 345; Campbell's History of Va., p. 336.
Culpeper remained Governor on the ordinary footing.

2 Brown's English Politics in Early Va. History, p. 16 et seq.

The Governor : Lenf^th of Term 313

record of the fact remains; and it is also probable that
the same course was pursued when he reached James-
town as the Crown's first permanent representative
after the revocation, in 1624, of the Company's
letters-patent. On Harvey's return to Virginia in
January, 1636-7, he landed at Point Comfort, and at
once dispatched a summons to every member of his new
Council ; on their assembling in the church at Elizabeth
City, he read to them the full text of his new commis-
sion and instructions ; and followed this up by the pub-
lication of a full pardon to nearly all those who had
taken an active part in his previous deposition.^

When Culpeper arrived at Jamestown, his first official
act was to give orders that his commission should be
proclaimed in the State- House; his second, was to take
the oaths of allegiance and supremacy, and as chief
magistrate of the Colony; his third, to administer the
oaths of allegiance and supremacy to each member of
his Council. 2 As Howard's representative many years
afterwards, Nicholson's first official step was to read his
commission privately in the presence of the Councillors ;
he then, in the company of that body, headed by their
President, proceeded to the State-House, where his
commission was publicly read and proclaimed ; and this
ceremony having been concluded, he took the several
oaths required of him as the Acting-Governor of Vir-
ginia.^ The like ceremony was followed by Andros in
1692 when he assumed the same office.* He arrived in
James River in the month of September ; when Nichol-

« See Harvey's Letter dated January 27, 1636-7, British Colonial
Papers, vol. ix., 1636-8, No. 38 I.

2 British Colonial Papers, vol. xlvii., No. 105.

3 Colonial Entry Book, 1680-95, p. 349.
* B. T. Va., 1692, No. 128.

314 Political Condition

son, who seems to have been stopping at Point Comfort
or EHzabeth City at the time, was informed of his ap-
proach, he set out at once for the landing; and as soon
as the new Governor disembarked, welcomed him in per-
son. In the meanwhile, Nicholson had given a general
order to the local militia to hold themselves in readiness
to accompany Andros to Jamestown as a military escort.
During the course of the latter' s journey thither, several
members of the Council came to join his cavalcade, and
he was formally received by the whole body on his
arrival at the Capital. ^ Nicholson having been ap-
pointed full Governor of Virginia near the close of the
century, his commission, so soon as he reached James-
town, was read by Bartholomew Fowler, the Attorney-
General, in the great hall of the Sherwood residence,
at this time used as a State-House owing to that build-
ing's recent destruction by fire. This commission
having been proclaimed, there was read a second com-
mission, in this case from the English High Court of
Chancery, impowering Philip Ludwell and several
others to administer the customary oaths, together
with the Test oath, to the new incumbent. Nicholson,
having first read aloud that part of his instructions
containing the full list of the new Councillors, took the
oath relating to the prevention of frauds and the regu-
lation of abuses in the Plantation Trade ; he next read
his commission to serve as the Vice- Admiral of Virginia,
and followed this up by taking the Test oath; then,
together with the members of his Council, he subscribed
to the articles of association formulated by Parliament
for assuring the safety of the King's person, and the
security of the royal government. All this having been
concluded, Nicholson signed a proclamation authorizing

> B. T. Va., 1692, No. 133.

The Governor: Length of Term 315

the persons at that time filling the civil and military
offices of the Colony to retain their positions until their
successors had been appointed.^

1 Minutes of Council, Dec. 9, 1698; B. T. Va., vol. liii.

CHAPTER IX
The Governor: His Powers and Duties.

BY the terms of the oath prescribed by the charter
of 1606, the Governor was required to carry out
faithfully and thoroughly all orders and in-
structions which he should receive from the King, the
Privy Council, or the Council for Virginia resident in
England. Acting with the approval of his own Council
at Jamestown, he was authorized to "rule and com-
mand " all the captains and soldiers as well as all the
citizens to be found within the bounds of the Colony;
and he was to do this, not according to the dictates of
his own private judgment, but in conformity with
regulations drawn for his guidance by the King and
Council in London.^ In the dehberations of the Coun-
cil in Virginia, the Governor, or President as he was
known under the charter of 1606, was entitled to cast
a second vote in case his first had brought about a
tie; in other words, he possessed apparently one vote
as a member of the Council, and a deciding vote in
addition when the members were equally divided in
their suffrages. ^

By the provisions of the charter of 1609, the powers
of the Colony's chief magistrate were made even broader

1 Brown's Genesis of the United States, vol. i., pp. 77. 78.

2 Ibid., p. 77; Brown's First Republic, p. 54- By instructions
to Wyattin 1 621, the Governor was to have "but the casting voice
in the Council"; see Randolph MS., vol. iii., p. 163.

316

The Governor's Powers and Duties 317

than the same officer's powers were by the provisions
of the charter of 1606. De la Warr, for instance, was
declared in his commission to be the principal Governor,
Commander, and Captain- General of Virginia, whether
by land or sea. In all his public announcements, he
assumed the general style of Lord Governor and Cap-
tain-General of the Colony and Admiral of its fleet.
His powers included the right to put martial law in
force at any time he should have reason to think the
safety of the community demanded it; but in his or-
dinary civil and criminal administration, he was to
direct and rule, punish and pardon, in stric: accordance
with such orders and instructions as he had received
from the supreme authorities in England; and if none
of these was applicable to a special case coming before
him, then he was to be guided by his own judgment
alone in reaching a decision, or by such regulations as
he and the Council had thought proper to adopt for
the general advancement of the Colony's welfare. All
ordinances of this character, however, were required to
be within the scope of the law-making power granted
to the London Company by the terms of the new
charter. 1

At the end of Argoll's administration, which marked
the close of a purely arbitrary form of government in
Virginia, the powers and duties of the Colony's chief
magistrate were once more determined in a general
way by the provisions, first of his Commission, and,
secondly, of his Instructions. A violent dispute arose
during the course of Harvey's first incumbency of the
office as to how far the Governor's powers, as embodied
in these two documents, really extended. The mem-

1 Charter of 1609, Brown's Genesis of the United States, vol. i.,

pp. T^-j^jctscq.

3i8 Political Condition

bers of his Council, who were bitterly hostile to him on
account of his unscrupulous conduct in general and his
support of the Baltimore Patent in particular, boldly
averred that, he was only authorized to do what they
advised and approved; and that his only independent
power lay in his privilege of casting the decisive vote
when there was a tie. Harvey, on the other hand,
loudly asserted that his Councillors were mere assistants
whose opinions he could accept or reject as he saw fit;
and that he possessed an incontrovertible right as the
King's representative to carry out his own wishes,
purposes, and plans, unaffected by any opinion which
the Council might entertain, provided that they were
not inconsistent with the injunctions of his Commis-
sion and Instructions.^

The character of the Governor's Instructions did not
vary substantially from the beginning to the end of the
century; taken with the provisions of the commission,
they formed an almost complete series of directions for
the Governor's action under all those circumstances
which were likely to arise during his tenure of office. In
the commission granted to Harvey in 1636, it was ex-
pressly stated that he and his Council should possess all
the powers exercised by any Governor and Council
during the previous ten years, subject only to modifica-
tion by such instructions as had already been, or should
be, given by the King, Privy Council, or the Com-
missioners of the Plantations. At first, these instruc-

> British Colonial Papers, vol. vi., 1631-33, No. 11; vol. viii.,
1634-5, No. 65; see also No. 37. In this last reference, Harvey,
writing to Secretary Windebanke, admitted that his power in
Virginia was "not great, it being limited by my commission to the
greater number of voyces at the Councill table, and there I have
almost all against me. "

The Governor's Powers and Duties 319

tions were by each Governor frankly disclosed to the
members of the Council and of the General Assembly;
and copies were filed among the records in the custody
respectively of the Secretary at Jamestown and of the
clerk of the House of Burgesses, where they were open
to perusal by any citizen. 1 Howard, who reflected
only too faithfully the arbitrary spirit of his royal
master, made a complete alteration of this very proper
and reasonable custom; during the course of his term
of office, it was decided, either directly by himself or at
his solicitation, that the Governor should be at liberty
to reveal or withhold his instructions as he should think
judicious. When Howard was about to visit England,
he disclosed to his Council only those clauses which he
thought it indispensable that they should know in order
to administer properly the affairs of Virginia during his
absence. 2 Andros was, in 1691, expressly impowered
to communicate to his Council from time to time such
and so many of his instructions as the Colony's interests
would seem to demand.^ Not unnaturally, the reser-
vation of such a right to the Governors caused much
complaint as it was one so capable of abuse. Several
of these officers were openly accused of keeping their
instructions in the dark so as to be able every now and
then to lay before the Council or General Assembly a
section, or the part of a section, that made to their
interest. As long as the full tenor of his instructions
was not known, it was impossible to charge a Governor
with their violation, and thus an important check on
his conduct never came into existence.*

1 Present State of Virginia, idgy-S, section iv.

2 Colonial Entry Book, 1680-95, p. 310; 1685-90, p. 21.

3 Instructions to Andros, February, 1691-2, B. T. Va. ; Entry
Book, vol. xxxvi.

4 Present State of Virginia, i6gy-8, section iv.

320 Political Condition

In a general way, it may be said that the Governor
exercised at least eighteen distinct powers: first, he
appointed members of his Council temporarily in case
of vacancy, and suspended them for cause; secondly,
as a part of the General Assembly, his assent was neces-
sary to the final passage of an Act; thirdly, his veto
killed a measure^; fourthly, he called together, pro-
rogued, and dissolved the General Assembly; fifthly, he
not only sat at the head of the General Court, but
also established courts of justice, commissioned judges,
and all other officers engaged in the administration
and enforcement of the laws; sixthly, his signature was
necessary to the validity of all warrants on the public
treasury; seventhly, he was authorized to pardon all
offenders, unless they had been convicted of treason .or
wilful murder^ ; eighthly, he could grant reprieves and
remit fines; ninthly, he collated to any church, chapel-of-
ease, or other ecclesiastic benefice, as often as its pulpit
became vacant; tenthly, he levied, armed, mustered, and
commanded the militia, and could transfer them from
one place to another in case it should be necessary to
resist an attack; eleventhly, he executed martial law
whenever it was required in time of an invasion or

1 See Instructions to Berkeley, 1641-2; also the Commission
of Howard.

2 The Governor could only issue a proclamation of pardon in
accord with the terms of his formal instructions. Berkeley, who
had been ordered to except only Bacon in his Proclamation of
Pardon issued February 10, 1676-7 took it upon himself to except
others, and was afterwards condemned by the King for having
exceeded his authority; see Hening's Statutes, vol. ii., p. 428. As
the Governor had no power to pardon treason, Culpeper was
unable to Hghten the sentence of the ringleaders of the Plant-
cutters' insurrection, which had been declared to be rebellion under
an old statute because tending to diminish the royal revenues;
Colonial Entry Book, 1 681-5, P- 152.

The Governor's Powers and Duties 321

insurrection,^ built forts, fortified towns, and equipped
them with ordnance and arms; twelfthly, he filled the
office of Vice-Admiral for all the coasts and seas of
Virginia subject to orders received from the Commis-
sioners of Plantations and the English High Court of
Admiralty; thirteenthly, he administered the oaths of
allegiance and supremacy to all persons arriving in the
Colony with the purpose of settling there, and also to
all mariners and merchants stopping there only for a
time, should he have reason to question their loyalty;
fourteenthly, he could appoint ship-masters and com-
mission them to execute martial law in the event of a
mutiny or conspiracy among their seamen; fifteenthly,
he, with his Council's consent, granted all patents to the
public lands; sixteenthly, he designated the places for
new markets, custom-houses, and ware-houses, and
appointed the officers who were to have charge of them ;
seventeenthly, he issued proclamations; and finally,
he seems, towards the end of the century, to have
possessed the right to naturalize foreigners, a right
previously enjoyed by the General Assembly. 2

1 It was by his right of proclaiming martial law that Berkeley
justified the summary executions that followed the collapse of the
Insurrection of 1676, although, when the power was exercised, all
resistance had ceased, and the real reason for which the power had
been originally granted was no longer in operation.

2 B. T. Va., Entry Book, vol. xxxvi., p. 127; Colonial Entry Book,
1606-66, p. 220; Robinson Transcripts, p. 48; Beverley's History
of Va., p. 188; see also Proclamation of Andros, 1692, in North-
ampton County Records, vol. 1689-98, p. 217; Randolph MS., vol.
iii., p. 328; B. T. Va., 1692, No. 128. By Instructions given to
Howard, the Governor's power to remit fines was Hmited to ten
pounds sterling or imder. If the fine exceeded that amount, he
was required to report to the King the nature of the offence, and
the like; see Colonial Entry Book, 1685-90, p. 30. Speaking in
a general way of the powers which he had exercised as Lieut. -
Governor, Nicholson said in 1692, with justifiable pride, that he had

VOL. II 2 1

322 Political Condition

In examining this long and varied list of powers,
they will be found to fall under a few general heads.
The Governor was, first, the personal representative of
the King ; as such he granted patents to the public lands,
made appointments to most of the offices of public
trust and profit, summoned, prorogued, and dissolved
the General Assembly, gave or refused assent to the
latter's Acts, made peace or declared war in the Colony
according to his best judgment, and on all public
occasions performed the ceremonial part of a viceroy;
secondly, he was the King's Lieutenant-General and
Commander-in-chief; as such he raised and exercised
supreme control over all troops, appointed and com-
missioned all military officers, and ordered the erection
or destruction of forts and fortifications; thirdly, he was
the King's Vice- Admiral ; as such he took account of
all maritime prizes, was the supreme commander of all
ships and seamen, and imposed or removed embargoes
and the like ; fourthly he was the King's Lord Treasurer;
as such he issued warrants for the payment of the public
moneys used for the support or advancement of the
Colony's government; fifthly, he was the King's Lord
Keeper; as such he used the colonial seal in passing
formal public documents; sixthly, he was the King's
Chief Justice, Chief Baron, and Chancellor, and as such
presided in the General Court, which, as we have seen,
embraced in its single jurisdiction the several jurisdic-
tions of the King's Bench, Common Pleas, Chancery,
Exchequer, and Ecclesiastic Courts in England; sev-

aimed to promote the service of God by taking care of the clergy
and enforcing the laws against vice; had asserted the royal pre-
rogatives on all occasions; had looked after the royal income,
which he had left greater than before; had increased the militia
and brought them in good method; and, finally, had always re-
spected the advice of his Council; B. T. Va., 1692, No. 128.

The Governor's Powers and Duties 323

enthly, he was the supreme President of the Council, and
as such led and shaped the deliberations of that body;
and finally he was practically the King's ecclesiastical
representative, and as exercising the powers of a bish-
op-in-ordinary, granted licenses of marriage, inducted
newly presented clergymen into their livings, signed all
probates and administrations, and was the arbiter in all
disputes involving the interests of the Church and its
ministers.^ In all, or nearly all these capacities, it
seems to have been necessary for the Governor to act
subject to the advice and approval of his Council.

There was one notable restriction upon the Governor's
power to fill all offices of trust and profit in the Col-
ony by his own appointment : if such an office happened
to be one always occupied by a person who had received
his commission from England under the royal seal, then
the Governor was only authorized, in case that office
became vacant by the death, resignation, or removal
of the incumbent, to nominate a new incumbent for the
interval which must pass before the position could be
again filled by the appointment of the English author-
ities. 2 Among the minor offices coming within this
category were those of the captain of the fort at Point
Comfort so long as that fortification should be main-
tained, the Muster-Master-General, who had charge of
the militia drill, and the Surveyor-General, who ex-
ercised a general supervision over all the persons
licensed to lay off the boundaries defined in newly
issued patents to the public lands. ^

1 Present State of Virginia, section iv. ; Beverley's History of
Virginia, p. i88; Randolph MS., vol. iii., p. 208.

2 Colonial Entry Book, 1685-90, p. 17; B. T. Va., Entry Book,
vol. xxxvi., p. 107.

' See Instructions to Berkeley, 164 1-2, Colonial Entry Book,
1606-62, p. 222.

324 Political Condition

In all those cases in which the Governor was impow-
ered to remove an incumbent from his office, he was
required to do so only for just cause, and this cause had
to be promptly reported to the King and the Committee
of Foreign Plantations. ^

The power exercised by the Governor, with the
advice and consent of the Council, through the medium
of public proclamations, seems to have been extensive,
especially during the early periods of the Colony's his-
tory, and not infrequently led to serious abuses. The
encroachment was carried so far in 1642-3 that an Act
of Assembly was passed in the course of that year
depriving the injunctions contained in such documents
of all legal validity when in conflict with the provisions
of existing statutes. It was not permissible for any
person to justify disobedience to any one of these
statutes on the ground that he was acting in accord
with the terms of a proclamation. 2 No Governor had
so systematically or so persistently employed this in-
strument in derogation of the rights of the legislature
as Harvey had done 3 ; and to some extent, no doubt, the
recollection of its perversion by him, and the evil
consequences following, had its influence in bringing
about this prohibitive measure, directly designed as it
was to prevent the repetition of such conduct. The
legitimate use of the proclamation was limited to
giving a public notice. An instance of this use, among
the hundreds which might be mentioned, occurred in
1 69 1-2, when a patent was granted to Thomas Neal
to establish a system of post-offices in America. His

» Instructions to Andros, 1 691-2, B. T. Va., Entry Book, vol.
xxxvi., p. 127.

2 Hening's Statutes, vol. i., p. 264

3 See Campbell's summary of Harvey's misconduct, in his
History of Virginia, p. 194.

The Governor's Powers and Duties 325

deputy in Virginia was Peter Heyman. When Hey-
man was nominated to this position, Andros issued a
proclamation in which, after announcing that fact, he
instructed all the Colony's different authorities to assist
the new deputy as far as possible in promoting the
success of his performance of the duties of his new
position.^

The Governor's power to issue warrants for payment
of the public moneys was hedged about with numerous
precautionary provisions to prevent its abuse. The
Council in 1683 adopted a resolution that, after the
salaries of the Governor and the English Auditor-
General of the Colonies had been disbursed, no sum was
to be drawn out of the public treasury without the
Governor's warrant having first received the approval
of at least five members of the Board. 2 About ten
years afterwards, Andros was instructed by the Com-
missioners of Trade and Plantations to submit to the
General Assembly from time to time all accounts for
the expenditure of funds raised under the authority
of its Acts.3 The endorsement of the warrant by five
of the Councillors was probably still necessary, but this
new provision was a much more important step for
the protection of the public interests, as the members of
the Council were generally too much disposed to yield
to the influence of the Governor, on whose good will
their tenure of ojSice practically depended.

The power to call the General Assembly together
seems to have belonged to the Governor from the
earliest date, as it formed one of the most important

> Colonial Entry Book, 1680-95, February, 1691-2.

2 Ibid., 1680-95, P- 167.

3 Instructions to Andros, 1691-2, B. T. Va., Entry Book, vol.
xxxvi., p. 126.

326 Political Condition

functions of his representative character. We find it
expressly bestowed on him by the formal articles of
administration put in force by Wyatt in 1 6 2 1 . ^ Thirty-
nine years later, when the system prevailing during the
Protectorate gave way to the new order brought about
by the restoration of the Stuarts, the Governor was
again invested with the right to summon the General
Assembly 2 ; but Berkeley, as we have seen, was satisfied
to retain for fourteen years the same House of Burgesses,
changed only so far as was made necessary by the death
or resignation of a few members from time to time.
The power of calling the General Assembly together
was, as will be shown later on, one which the Governor
was compelled to exercise within certain periods fixed
by law. When an extraordinary session of this body
was held, it was held at the summons of this officer
acting under the advice and with the approval of the
Councillors.-' At the end of the century, he seems to
have possessed the power to dissolve the Assembly on
his own responsibility alone.* On the other hand, dur-
ing the period of the Commonwealth, he was required
first to obtain the Council's consent ^ ; at this time, there
was a keen dispute in progress between the Governor
and the Councillors, on the one side, and the Burgesses,

' Hening's Statutes, vol. i., pp. 1 10-13.

2 Ibid., p. 531 ; Randolph MS., vol. iii., p. 288.

^ Instructions given to Berkeley in 164 1-2 declared that the
Assembly must be summoned by the Governor and Council "as
formerly"; Colonial Entry Book, 1606-62, p. 221. In 1681, the
advice of seven councillors was required ; see Colonial Entry Book,
1680-95, p. 113.

* See chapter in Beverley's History of Virginia relating to
Governor.

5 "The Governor and Council for many causes do think fit to
declare that they do now dissolve this present Assembly, etc.";
Hening's Statutes, vol. i., p. 499.

The Governor's Powers and Duties 327

on the other, as to whether the approval of the latter
body was not essential to the legality of the order for
a dissolution.^ Occasionally, a General Assembly
would be formally prorogued by the act of the Governor,
and at a later date by public proclamation declared to
be dissolved. 2

The Governor, as has been already pointed out,
possessed the right of vetoing any Act failing to receive
his approval. Several of the Colony's chief magis-
trates seem to have gone so far, — possibly in their
character as a part of the General Assembly, — as
to introduce radical alterations into measures already
passed by the House of Burgesses. This was done on
at least one occasion by Culpeper.^ He reached James-
town from England on Saturday, and proceeding im-
mediately to Green Spring, dispatched a formal message
to announce his arrival to the Assembly, which had
arranged all their Acts in final shape for the Council's
assent and the Governor's signature. On Monday, he
went down to Jamestown, and having ordered copies
of all these Acts to be brought to him, sitting, no doubt,
as the presiding officer of the Upper House, he examined
them with great care, and with his pen made many
important erasures, and perhaps additions also. He
afterwards very complacently reported to the English
Government that he had taken "the sting" out of
them all. At this time, he had hardly been in the
Colony more than forty-eight hours altogether, and
was without the slightest knowledge, based on personal

' When Berkeley became Governor again in 1659-60, the General
Assembly passed an Act that the House could only be dissolved
with the consent of a majority of its members; Hening's Statutes,
vol. i., p. 531.

2 B. T. Va., 1692, No. 134.

* Colonial Entry Book, 168 1-5, p. 155.

328 Political Condition

observation and experience, of its real needs. His
alterations probably extended only to expressions which
seemed to him to be a too free assertion of popular
rights. But his conduct on this occasion was a not
inapt illustration of the spirit of some of the Governors,
particularly at the very beginning of their terms;
having just arrived from England deeply impressed
with the importance of their representative character,
and regarding the citizens of Virginia as being far more
provincial than even the inhabitants of the remotest
rural district of the Mother Country, and, therefore,
essentially ignorant, they were disposed at first to look
upon the Burgesses collectively very much as an older
person looks upon a child, namely, as one who is at
once lacking in judgment and eager to contemn au-
thority. It was natural and just that the Assembly
should have been strongly inclined to contest a Gover-
nor's right to exercise the power of vetoing their Acts
when they were perfectly aware that the more inex-
perienced this officer was, the quicker he would be to
make use of that power, and, therefore, the more
destructive of the Colony's best interests it would be-
come.^ Even the milder process of taking "the sting"
out of their Acts could not have been agreeable to men
who had been careful and deliberate in framing each
of these measures; especially if they knew that the
person assuming the right to do this had hardly yet
recovered from the sickness incident to his first voyage
across the Atlantic.

From the foundation of the Colony, one of the
Governor's most important duties was to inform the

> Charles II, complained that the Assembly of 1685 spent its
time in "frivolous debates," and in contesting the Governor's
power of veto; see Hening's Statutes, vol. iii., p. 40.

The Governor's Powers and Duties 329

King, through either the Privy Council or the Com-
missioners of Plantations, of the general progress of
affairs in Virginia. During the short time the first
charter remained in force, the President was required
by his oath to make periodically such a report to the
Resident Council in England, which in its turn sub-
mitted to the King the information thus acquired. ^
Instructions were given to Wyatt in 162 1 to send to
the Council of the London Company sitting in London
a full account of the Colony's condition certainly once
every three months 2 ; but after the revocation of the
letters-patent in 1624, this report had to be transmitted
only once in the course of a year. Occasionally, the
Governor was instructed as to the special subjects on
which he was expected to touch at length; for instance,
in 1 66 1-2, Berkeley was directed to draw up a detailed
statement as to the improvements brought about by
the recent industry of the planters; and also as to how
many new patents had been issued ; and as to how many
settlers had lately been established in the Colony. ^
The supplementary instructions to the same Governor
in 1676, required him to report annually to the Council
of Trade and Plantations and also to the Commissioners
and Farmers of the Customs, the entire quantity of
tobacco exported from Virginia ; and also to transmit a
full description of all the iron furnaces and other works
of the same general character which were either in
actual operation, or under advisement.*

1 Orders of Council, 1606, Brown's Genesis of the United States,
vol. i., p. 78.

2 Randolph MS., vol. iii., p. 162.

3 Colonial Entry Book, 1606-62, p. 274; Randolph MS., vol. iii.,
p. 280; Va. Maga. of Hist, and Biog., vol. iii., p. 20.

« Instructions to Berkeley, 1676, Colonial Entry Book, 1675-81,
p. 114.

33° Political Condition

In 1679, "the Governor and Council were again ordered
to make a report once every three months as to all
matters touching the civil, military, and ecclesiastical
welfare of the Colony. They were to give particular
information, not only as to recent political events, but
also as to all propositions brought forward with a view to
the passage of new laws; it would seem that previously
the Governor and Council had been content simply to
transmit copies of all orders and acts adopted by the
General Assembly. ^ The reason for demanding a more
detailed account lay in the greater interest now felt
in Virginia by the English authorities in consequence
of the increase of its wealth and population, and also
in their determination to find out the degree of zeal
shown in the enforcement of the Navigation Acts. 2

Howard was commanded by James II to transmit
authentic copies of all acts recently passed by the
General Assembly; he was warned that, should he
neglect to obey, he would incur the King's highest
displeasure; and what was probably equally terrifying
to his greedy spirit, would be deprived of his entire
salary for the year in which he failed to comply with
the order. No excuse whatever was to be accepted to
condone the offense, should he be guilty of it.^ Nichol-
son, by the instructions given to him in 1698, was
required to return once every six months to the Com-
missioners of the Treasury, or the Treasurer of England,
as well as to the Commissioners of Plantations, a full
account of all the warrants for the payment of money

> Colonial Entry Book, 1676-81, p. 410.

' Ibid., vol. xlvi., pp. 406, 407. These journals are now pre-
served in the State Paper Office in London and are among the
most valuable of all the records relating to Colonial Virginia in
existence.

s Instructions to Howard, Colonial Entry Book, 1685-90, p. 25.

The Governor's Powers and Duties 331

attested by him as Governor, the amount of each sum
disbursed, the person to whom it was paid, and the
purpose for which it was expended. The object of this
regulation was declared to be to show the King that the
revenue of the Colony had been properly applied. ^

> B. T. Va., Entry Book, vol. xxxvii., p. 275.

CHAPTER X
The Governor: His Residence

HOW far was the Governor compelled, during his
time of office, to reside in Virginia? In the
course of 1675, the agents sent to England to
procure the confirmation of certain rights by formal
charter, urged that one of the provisions of the proposed
document should be that the Governor should, during
the whole of his term, be a resident of the Colony; and
if called away to some other part of America or to
England, for a comparatively short time, should trans-
fer the powers and duties of his position, during that
interval, to a Deputy-Governor, who should be an
actual citizen of Virginia, and the owner of an estate
there. ^ When the agents submitted this request,
Berkeley still occupied the office of Governor, and,
except in the time of the Commonwealth, had not been
absent more than twice since the date of his first
appointment, and then only to transact important
public business in London. No one whose term ap-
proached his in length, during the Seventeenth century,
identified himself with all those interests springing
from a permanent residence in the community more
thoroughly than he did; and it appears the more re-
markable that, in the very year of his final departure
for England, a royal proclamation should have been

» Hening's Statutes, vol. ii., p. 524.

332

The Governor : His Residence 333

issued directing that thereafter the incumbent of the
same office should, for the time being, live in Virginia.^
This regulation did not remain long in force, — perhaps,
because there was no urgent reason why it should be
permanently maintained, inasmuch as the Lieut. -
Governor, who took the place of a Governor indis-
posed to leave England in order to occupy his post
oversea, was not likely to be less capable than his
superior in performing the duties of that post. Indeed,
he was apt to be more capable, as so many of these
officials acquired the position by influence at Court,
independently of talent, experience, and personal
energy. The Lieut, -Governor, on the other hand, was
likely to be a man who, though less conspicuous in rank,
had been recommended by these very qualities, which
alone had made him a person of mark. Nor was he
apt to be less zealous in discharging the duties of
the post, inasmuch, as being less distinguished and
fortunate than his superior, he looked upon his office
as furnishing an opportunity to win a reputation for
efficiency and usefulness which would serve him well
at a later period. Above all, as he was not so much
inclined to regard his appointment as Lieut. -Governor
as sounding his exile to a remote corner of the world,
he was not moved to the same degree to utilize this
period in accumulating, by every form of extortion that
could be safely ventured upon, the largest sum possi-
ble to compensate him for so long an absence from
England. The most zealous, energetic, and public
spirited of all the later occupants of the post of Governor
was Nicholson, whose first connection with Virginia
was in the character of Lieut. -Governor. The attitude

• See Proclamation of Charles II, dated 1677, entered in Surry
County Records, vol. 1671-84, p. 205, Va. St. Libr.

334 Political Condition

of this officer towards the Colony was in striking con-
trast with that of his predecessors, Howard and
Culpeper.

It was not the substitution of a Lieut. -Governor for
the Governor through the whole of the latter' s term
that the citizens of Virginia condemned, but rather
the repeated absence, for varying periods, of those
holding the highest office in the Colony; this was the
real meaning, for instance, of the minute which the
Council in 1690 entered in their journal declaring that
the people's welfare required that the Governors, during
their incumbency, should make Virginia their chief
place of residence. Not content with the knowledge
that this minute would fall under the notice of the
Commissioners of Plantations when they came to read
the copy of the journal which would be sent to England,
they appear to have petitioned the King directly to
compel every person nominated to the Governorship to
repair at once to the Colony, and to remain there until
the end of his term in the faithful and punctual per-
formance of his duties.^ The Board of Trade seems to
have looked upon this request as reasonable and proper ;
in 1699 that body addressed a letter to Nicholson,
recently appointed to the full Governorship, in which
they dwelt with emphasis on the great inconveniences
and drawbacks of leaving the duties of patent offices to
deputies, who, on account of the small rewards they
received during their incumbency, might be tempted
to make indirectly out of the position enough to
compensate them for sharing their emoluments with
their superiors. Although the Governorship was
not specifically named as one of the patent offices
referred to, the inference is strong that it also was

» B. T. Va. Entry Book, vol. xxxvi., p. 28.

The Governor : His Residence 335

intended to be embraced in the scope of this official
warning.^

Where did the Governor reside during his sojourn in
the Colony f* The earliest incumbent of the position to
consider the question of building a permanent dwelling
house for all the persons who should, in succession, hold
the office, was Ratcliffe, the first to follow Wingfield as
President of the Council. Such a house was perhaps
even begun by him, and on as large a scale as the
facilities for construction at the time permitted, for
Smith uses the expression " Ratcliffe' s palace," the
erection of which he promptly stayed when he assumed
the chief power, on the ground that it was a "thing"
of no practical value. 2 It was not until Gates became
the Governor of Virginia that a residence for this
officer was built. The actual work of construction was
done by the Company's servants. Argoll, a few years
afterwards, enlarged the house ; and that it was standing
in good repair when Yeardley arrived was shown by
the order given him to convert it into a permanent
official residence for the occupation of each of the
Governors in succession.^ This residence seems to
have been situated at Jamestown. In 1620, Yeardley
erected on the land assigned for the Governor's more
convenient support, a second dwelling house intended
exclusively for the enjoyment of each incumbent of the
office in turn.* Harvey seems to have owned the house

» See Board of Trade to Nicholson, June 26, 1699, B. T. Va.,
vol. xxxvii., p. 330.

2 Works of Captain John Smith, vol. i., p. 192, Richmond edition.

' Instructions to Yeardley, 1618, Va. Maga. of Hist, and Biog.,
vol. ii., p. 158; Tyler's Cradle of the Republic, p. 108.

♦ In a grant to George Harrison by Yeardley, dated March 6,
1620-1, he referred to the land as situated "over against his newe
mansion House in Southampton Hundred." This was where the

336 Political Condition

which he occupied at Jamestown.^ As an Act of
Assembly passed in 1639 required the Governor to
reside at that place, it is probable that some of those
who had filled the post had either lived on their own
estates, or had, for the greater part of their time, dwelt
in the mansion erected on the Governor's plantation
situated in Southampton Hundred. When called to
Jamestown during the sessions of the General Court or
of the General Assembly, they had perhaps found
temporary board and lodgings in a tavern.

In 1643, only a short time after Berkeley's arrival in
Virginia, he received the grant of an estate of nine
hundred and eighty-four acres known as Green Spring,
situated not far from Jamestown, and apparently a
part of the tract of three thousand acres belonging to
the office of Governor. This grant was confirmed
in 1646. When resurveyed, the tract was found to
contain one thousand and ninety acres; and to this
area, there was now added, under a lease for twenty-
one years, an adjoining tract of seventy acres carved
out of the estate attached to the Governor's office. The
patent to the entire property of Green Spring was, in
1652, renewed to Berkeley and Bennett in the name
of the Keepers of the Liberties of England; but so soon
as the Commonwealth came to an end, a third patent
was granted to Berkeley alone in the name of the King;
and this patent was, in 1664, confirmed by the Council,
and again in 1674. In the meanwhile, the lease to the
small tract of seventy acres had also been devised to

Governor's tract had been laid off; see British Colonial Papers,
vol. i., Doct. 53. It was, doubtless, this mansion which was desig-
nated in a lease to Philip Ludwell as "formerly ye mansion house
of ye Governors"; Va. Maga. of Hist, and Biog., vol. v., p. 245-
> British Colonial Papers, vol. vi., No. 54.

The Governor : His Residence 337

Berkeley for a term of ninety-nine years. ^ The
dwelling house at Green Spring, as shown by the ex-
tent of its existing ruins, had a frontage of forty-eight
feet and a width of about forty-three, whilst each of its
wings had a length of about twenty-six feet, and a
breadth of about sixteen. There was a thickness of
two and a half bricks in the front walls above the water
table, and of two bricks on either side. Each fireplace
had a width of about four feet and a depth of about
three feet and eight inches. The chimney seems to
have stood directly in the middle of the building. The
whole mansion was partitioned off into six rooms, with
a central hall about ten feet in width ruiming from one
end of it to the other. 2

Culpeper also seems to have resided at Green Spring
during his occupation of the office of Governor.
Howard, except when the General Assembly was in
session, is supposed to have passed the greater part of
his time at Rosegill, the spacious and comfortable home
of Colonel Wormeley, situated in Middlesex county. ^
Like Culpeper, Howard was allowed annually one hundred
and fifty pounds sterling for the payment of house
rent; and this entire sum he probably continued to
save by using, from time to time, the hospitality of
the members of his Council. Under these circum-
stances, it is not very probable that he obeyed with
zealous alacrity the instruction received from England
to propose to the Assembly the building of a Governor's

> Colonial Entry Book, Acts for 1674, Va. Maga. of Hist, and
Biog., vol. v., p. 383. From the numerous confirmations, it looks
as if Berkeley's title was never in fee simple, although that con-
clusion does not follow positively.

2 Tyler's Cradle of the Republic, p. 108. The situation of the chim-
ney is described as "central."

^ Tyler's Cradle of the Republic, p. 108.

VOL. n. — 22

338 Political Condition

mansion, the model of which was to be sent to the
Commissioners of Plantations for approval, i If such
a model was ever transmitted, no further steps were
taken during Howard's term to erect the dwelling house
under advisement. But the Commissioners had not
dropped the project from their thoughts; in 169 1-2,
Andros was ordered by them to choose a suitable site
for such a mansion, and this having been done, to call
upon the General Assembly to appropriate a sum of
money sufficient to meet all the expense of its con-
struction. He was also commanded to send to England
a model of the residence as soon as one had been agreed
upon. 2 Only a short time before, Lieut. -Gov. Nichol-
son, in opening the session of the House of Burgesses,
had urged upon their attention the King's wish that a
dwelling house for the Governors should be built. ^ But
neither Nicholson nor Andros, though seeking to en-
force a royal injunction, were able to induce that body
to provide the requisite funds. In the first place, the
House shrank from imposing the additional taxation
which the erection of an official mansion would have
at once rendered necessary; such a mansion, if it was to
be commensurate with the Governor's dignity, could
only have been constructed by mechanics directly
imported from England for that purpose at great ex-
pense. In the second place, the House knew very well
that the Governors themselves were not favorable to
the erection of such a building, as it would inevitably
increase for them the cost of living; the possession of
an official mansion signified that the Governor would be

1 Colonial Entry Book, 1685-90, p. 55.

2 Instructions to Andros, Feb., 1 691-2, B. T. Va., Entry Book,
vol. xxxvi., p. 138.

3 B. T. Va., 1691, No. 28.

The Governor : His Residence 339

expected to entertain very lavishly, a course which
men like Howard and Culpeper, whose chief aim during
their stay in Virginia was to enrich themselves, were
determined not to follow. Such a consideration also
had its weight with Nicholson, although of a liberal
spirit, because as Lieut. -Governor he was entitled to
only one half of the emoluments of the office, a sum
hardly sufficient to permit him to throw his doors wide
open to the throngs of prominent citizens gathering at
Jamestown during the sessions of the General Court and
General Assembly. Even when he became Governor,
he does not seem to have supported with heartiness the
project of building a permanent residence for himself
and his successors. The Commissioners of Plantations,
finally becoming irritated and suspicious in consequence
of the repeated obstructions to the consummation of
their wishes, openly declared that the real stumbling
block was the annual appropriation of one hundred and
fifty pounds sterling for house rent, and on their
recommendation, the King decided to discontinue this
allowance. In informing Nicholson of this determin-
ation, the Commissioners drily remarked that they
expected soon "to hear of his endeavours" to advance
the plan of erecting a Governor's mansion. ^ No such
mansion, however, was built at Jamestown ; and within
a short time after the Commissioners' letter was written,
the capital was removed to Middle Plantation.

> B. T. Va., Entry Book, vol. xxxvii., pp. 252, 334.

CHAPTER XI
The Governor: His Remuneration

AS already stated, the Governor of Virginia re-
ceived, after the expiration of Berkeley's term,
who possessed a house of his own at Green Spring,
an allowance of one hundred and fifty pounds sterling
each year. What additional income, whether in the form
of salary or perquisites, did he derive from his occupation
of the position? From the earliest to the latest decade
in the Colony's history during the Seventeenth century,
the incumbents of the office complained of the insuffi-
ciency of their remuneration; and there was just ground
for this discontent on the part of those Governors who
maintained homes of their own, as they were expected
to entertain very generously. "The place I hold in
this Colony," wrote President Percy to his brother,
"cannot be defrayed with small expense, it standing
upon my reputation, being Governor of Jamestown, to
keep a continual and daily table for gentlemen of
fashion about me."^ Recognizing that there would
be extraordinary charges imposed upon the Governor
by the social demands of his office, the Company sought,
in 1618, to furnish him a liberal support by assigning
to the position in perpetuity a tract in James City
Corporation covering three thousand acres. This
consisted of very fertile ground either seized or pur-

1 See Letter in Brown's Genesis of the United States, vol. i., p. 500.

340

The Governor : His Remuneration 341

chased from the Paspeheigh Indians, and situated not
far from Jamestown. ^ The plan adopted for the cul-
tivation of these lands was to bring over tenants from
England selected especially for their experience in
tilling the soil in their native country. Fifty such
tenants were imported by Yeardley in 16 18 at the
Company's expense. 2 Ten years afterwards, Lady
Yeardley, who had recently become a widow, delivered
to her husband's successor seven cows and five heifers
belonging to the Governor's estate. This number of
cattle had been received by Yeardley, when he had
displaced Wyatt.^ Down to 1629 apparently, the
Governor's support was derived entirely from the labor
of the numerous agricultural tenants and servants at-
tached to the lands assigned to his office; but in the
course of that year, this means of assuring him a main-
tenance, and also, no doubt, some additional remunera-
tion, was seriously diminished, if not nearly destroyed,
by the policy now adopted of leasing the lands for a
period of ninety-nine years at what was probably a small
rental.4 Harvey complained very bitterly of the plight
in which the Governor's office was left, and he urged
the English authorities to reserve for the proper
support of that office "the customs of at least forty
thousand pounds of tobacco to be annually imported
into England from Virginia upon the Governor's

« Va. Maga. of Hist, and Biog., vol. v., p. 245.

2 See Brown's First Republic, p. 323; Tyler's Cradle of the Re-
public, p. 147. "The Governor had 3000 acres assigned him at
the mouth of the Chickahominy " ; see Letter of Wyatt, 1625, Ran-
dolph MS., vol. iii., p. 181.

3 Robinson Transcripts, p. 72.

* British Colonial Papers, vol. v., No. 22. As late as 1637, these
leases assured some income for the office of Governor; see Accomac
County Records, vol. 1632-40, p. 94, Va. St. Libr.

342 Political Condition

own account." This petition was approved, and an
order was issued that payment should be made regu-
larly on the twenty-fifth of every March. It would
seem, however, that this arrangement was to terminate
as soon as Harvey's administration came to an end.^

Harvey's predecessors apparently had all enjoyed the
benefit of the fines and forfeitures accruing from judicial
sentences; and this source of income was by a special
royal warrant also bestowed on him in consideration
of his satisfactory performance of his duties as the
presiding judge of the General Court. ^ He, neverthe-
less, remained discontented; and not unreasonably so,
for, in March, 1631, the House of Burgesses, in an
address to the Privy Council, testified to the fact that
the charge on his pecuniary means was so heavy and
constant that he was compelled to spend a part of his
private estate to meet his public expenses; and they
urged with great earnestness that he should be paid an
adequate salary. ^ Harvey himself supplemented this
petition with a prayer that the Privy Council should
* * take his case into their compassionate cares. ' ' During
the whole of his term so far as it had then passed, he had,
according to his own declaration, filled the office of Gov-
ernor "without any meanes of usuall entertainment" to
enable him to bear the great drain which it created on
his purse. "I might as well be called the host as the
Governor of Virginia," he ruefully added; "if some
spedie remidie and relief e be not found for me, not only
my creditt but my heart will break. "^

' Propositions of Harvey Touching Virginia, Aug., 1629, British
Colonial Papers, vol. v., Nos. 22, 23; see also vol. v., No. 94 I.

2 British Colonial Papers, vol. v., No. 25.

^ Randolph MS., vol. iii., p. 219.

* British Colonial Papers, vol. vi.. No. 54. The date of this
letter was May 27, 1632.

The Governor : His Remuneration 343

It is to be inferred from a petition presented by
Harvey to the English authorities when he was about
to return to Virginia in the winter of 1635-6 that eight
hundred pounds sterHng was the amount generally
provided to meet the cost of the Governor's transpor-
tation to the Colony. This sum, it seems, was ordered
to be paid to him on condition that he supplied, at
his own expense, the victuals which would be needed
by his ship's company, and also furnished the money
to meet the charge of the seamen's wages. This con-
dition, it would appear, really imposed an extraordinary
burden, and instead of leaving him with some balance
in his favor, would have subjected him to a positive
loss. Harvey, in calculating the probable extent of
this loss, estimated that it would be necessary for him
to provide at least one thousand pounds sterling; in
other words, he would be compelled to pay about two
hundred pounds sterling in excess of the allowance of
eight hundred; and on his representations as to the
damage which would thus fall on him, he was granted
permission to carry over to the Colony such a quantity
of merchandize as would, by the proceeds from its
sale, recoup him for the deficit. The ship in which
he sailed proved to be so leaky that he was forced to
return to Plymouth; and he finally departed for Vir-
ginia in an ordinary merchantman without being able
to take with him either his goods or the large number
of persons he had chosen to accompany him.^

By 1 63 7 , the regular salary paid to the Governor seems
to have amounted to one thousand pounds sterling

' Petition to Privy Council, Febry., 1635-6, British Colonial
Papers, vol. ix., Nos. 4, 5, 6, 11, 27. In a later communication
to the Privy Council, Harvey stated that the allowance made to a
Governor setting out for Virginia was five hundred pounds sterling.

344 Political Condition

annually.^ Not long after Berkeley undertook the
duties of the ofifice, he not only obtained the grant
to the Green Spring estate, already referred to, but also
received as a gift from the Assembly, "in consideration
of many favors manifested towards the Colony," two
houses and an orchard situated within the confines of
Jamestown. 2 It seems probable that, in the beginning,
he occupied one of these houses as a residence, but later
on both appear to have been rented out with a view
to increasing his income. The civil commotions in
England having caused the suspension of the payment
of the Governor's regular salary, derived, no doubt,
as in Harvey's time, from the duties on the tobacco
imported into the Kingdom, the Assembly found it
necessary to pass a special Act to provide the Governor
with a definite and reliable support. That body, how-
ever, was at great pains to declare that this provision
was designed to be only for a time, and that it should
not carry the weight of a precedent. The preamble
to this Act throws an interesting light on the spirit
animating the Burgesses at that remote day. "We
have an eye to the Honor of the (Governor's) place," so
it ran," but also have entered into a deep sense and con-
sideration of the duty and trust which the public votes
and suffrages have cast upon us, under which is compre-
hended as the most special and binding obligation, the
preservation of the rights and properties of the people,
which the course now intended seems to threaten."
"Since the foundation of the Colony," they proceeded to
state, "there had been no such concurrence or pressure
of affairs, and they hope to God it will never be again" ;
therefore, in order to meet what was perhaps considered

' British Colonial Papers, vol. i., Doct. 20.
2 Hening's Statutes, vol. i., p. 267.

The Governor : His Remuneration 345

to be an emerg^ency certain to pass as soon as affairs
became settled in England, so as to allow the authorities
there to resume payment of the salary as before, the
Assembly directed a public tax, amounting to two
shillings for each tithable, to be levied and delivered
to the collectors, not in the form of money or tobacco,
but in the form of corn, wheat, malt, beef, pork, peas,
capons, calves, goats, kids, turkeys, geese, butter, and
cheese.^ This unusual requirement shows how tem-
porary this Act was designed to be, but circumstances
soon made the regulation a permanent one. The royal
government in England was now sinking steadily into
deeper ruin, and if the head of the administration in
Virginia had been compelled to rely upon the English
customs during this period of commotion for his only
support, he would have gone a very long time without
any remuneration whatever for his services. His
maintenance having been once thrown on the colonists,
there was no real prospect of its being again transferred
to the English treasury; and in indulging such a hope,
the General Assembly itself was probably secretly
aware that it was nursing a mere delusion, and in
formally expressing that hope was simply preparing
the people to assume the new burden uncomplainingly.
Four years after this special tax was imposed for the
Governor's benefit, we find it still laid with the regu-
larity of the ordinary assessments for other public
purposes. An apportionment was made for each
county in proportion to the number of its tithables.
Sometimes, one county would pay its share in tobacco
alone, and another in grain and provisions ; sometimes,
the same county would pay in all three forms. For
instance, in Lower Norfolk, in 1647, the portion of the

' Hening's Statutes, vol. i., p. 280.

34^ Political Condition

Governor's salary assigned to that county for collection
consisted entirely of tobacco; four years afterwards,
each tithable residing there was required to contribute,
in addition to a certain amount of tobacco, at least half
a bushel of corn, which was ordered to be delivered at a
designated place, * All the other counties were directed
to follow the same course.

After the establishment of the Commonwealth, the
same method of raising the Governor's salary was
strictly adhered to. There were, in 1654, fourteen
collectors of public taxes in Lancaster county, and each
was entered in the records as responsible for the pay-
ment to Governor Bennett of a specific proportion of
the tobacco which they should receive. This single
county contributed during this year not less than
thirteen thousand pounds of tobacco to the maintenance
of that officer; it is, however, possible that a part of
this sum represented what had been in arrear for a
considerable period^; or it may be that an unusually
large levy was, at this time, laid for his benefit through-
out the Colony, since only two years afterwards, the
amount of his salary proper was fixed at twenty-five
thousand pounds of that commodity. This was
intended to be the principal remuneration for his
services during the course of every twelve months, but
in addition he was allowed, as a permanent part of his
official income, the varying and probably never very
large sums derived from the fees paid into the hands of
the commander of the fort at Point Comfort by the
incoming ships, and also from the fees accruing from
marriage and other licenses.^ In the York county levy

> Lower Norfolk County Records, vol. 1646-51, pp. 57, 200.
3 Lancaster County Records, vol. 1652-56, p. 174.
' Randolph MS., vol. iii., p. 268; Hening's Statutes, vol. i., pp.
498, 523-

The Governor : His Remuneration 347

for November, 1657, an assessment in favor of the then
Governor to the extent of five thousand pounds of
tobacco was entered; and so in the levy in Lower
Norfolk for November, 1659. After 1660, the amount
of this commodity collected in the different counties
seems to have been even larger; for instance, in York,
in 1 66 1, thirty-four thousand pounds were contributed
by its tithables alone; in 1665, thirteen thousand; in
1668, eight thousand; whilst in 1661 about seventeen
thousand were levied in Lower Norfolk also; and the
proportion for the years following was of the like
volume. Berkeley had now been recommissioned
Governor, and his popularity was no doubt reflected
in this extraordinary public liberality in his favor.
In 1659-60, his annual salary had been definitely /
fixed at fifty thousand pounds of tobacco; nor did his
remuneration stop there, — bya formal Act of Assembly,
the castle duties, ^ and the fees derived from the grant-
ing of various licenses, enjoyed by his predecessor,
were continued to him^ ; and he also received as a gift
the round sum of seven hundred pounds sterling out
of the fund accumulated from the proceeds of the tax
of two shillings imposed on each hogshead of tobacco
exported from the Colony. Moreover, by a second

> The castle duties were at a later date restored to Morryson,
to whom they really belonged as captain of the fort at Point Com-
fort (see Hening's Statutes, vol. ii., p. 9), but Berkeley received,
by way of composition for their loss, sixty thousand pounds of
tobacco.

2 In 1660, every inn-keeper, before he could obtain a license to
retail liquor, was required to give bond that he would pay annually
350 lbs. of tobacco for the use of the Governor; Hening's Statutes,
vol. ii., p. 19. Campbell estimated the income of this officer at this
time at $12,000, but it was probably nearer $20,000, if we consider
simply its purchasing power. See Campbell's History of Va.,
p. 253. Later on, it fell little short of $40,000.

348 Political Condition

Act, he was entitled to be paid one bushel of com by
every tithable residing in Virginia; and two persons
were specially appointed in each parish to see that this
grain was delivered at some place from which it would
be convenient to transport it by vessel.^

Berkeley seems to have possessed an unusual power
of influencing the Privy Council as well as the General
Assembly to increase the rewards for his personal
services, a fact probably due both to his undoubted
sacrifices for the royal cause when its prospects were
most overclouded, and to his extravagant, though
sincere, expressions of loyalty and fidelity to the King
after the Restoration. The former body, in 1661,
granted him for his own personal use the sum of two
thousand pounds sterling from the total amount of
duties and customs payable by the first ships which
should arrive in England with cargoes of tobacco from
Virginia. This valuable gift of money was made
(so the Privy Council declared) not only in recognition
of his meritorious conduct as Governor of the Colony,
but also as a complete acquittance of all the unfulfilled
engagements which either Charles I or Charles II had
undertaken to perform in his behalf. ^

In the course of 1662, the Council for Foreign Plan-
tations ordered that the annual salary of one thousand
pounds sterling, formerly paid to the Governor, should
be renewed; but it does not seem to be quite clear
whether it was to be collected out of the English
customs and duties, or, as previously, by a levy on the
different tithables residing in the Colony. The latter
appears to be the correct view,^ for, as we have seen, the

' Hening's Statutes, vol. i., p. 546; vol. ii., p. 10.

* See Warrant Sept. 12, 1661, Dom. Chas. II.

' Proceedings of Council for Foreign Plantations, Aug. 11, 1662,

The Governor : His Remuneration 349

counties, after this year, continued to contribute large
sums for the Governor's support. The assessment in
Lancaster county for October, 1665, contained one
item in Berkeley's favor amounting to over thirty-
five thousand pounds of tobacco; in 1666, to twenty-
five thousand; in 1668, to eighteen thousand; in 1670, to
fifty-five hundred; and in 1 671, to twenty- five hundred.
The records for other counties reveal the levying of
equally large sums from year to year. Although the
Governor's salary was fixed at one thousand pounds
sterling annually, it was always calculated in pounds
of tobacco, and collected in that form. The General
Assembly, in 1674, added two hundred pounds sterling
to the amount Berkeley was legally entitled to receive ;
but this was designed as a reward for special services;
and the Act expressly disclaimed the intention of
establishing a precedent for his successors.^

Berkeley and the Governors chosen during the period
of the Commonwealth had become citizens of Virginia
either by permanent settlement or by prolonged resi-

British Colonial Papers, vol. xiv. "It being put to the question
whether the Colony of Virginia should bear its own charge and no
longer be burdensome to the Crown, &c., this Council is of the
opinion it should bear its own charge and do humbly advise his
Majesty to recommend the Colony the paying and raising a revenue
for that purpose " ; see Proceedings, British Colonial Papers, vol. xiv.,
No. 59.

' Hening's Statutes, vol. ii., p. 314. Berkeley was reported as
saying of Col. Jeffreys, his successor: "Col. Jeffreys should have
his £100 per month from his first coming into the country, and for
the time he stayed . . . And further," he added, "that at ye
year's end (the place was so expensefull) Col. Jeffreys would find
his hundred pounds a month would not give himself his bread."
And when Col. Jeffreys asked of Sir William how he should come
to his salary of a hundred pounds a month after Sir William was
gone, the latter sharply replied: "Before God, you must look to
that as I have done." See British Colonial Papers, vol. xHii.,
No. 143.

350 Political Condition

dence there, and as such were thoroughly in touch with
its various interests. Culpeper, although at first ap-
pointed to the office for the term of his natural life,
was never really identified with these interests, and, like
Howard, looked upon his incumbency as a means of
enriching himself by every device in his reach. His
patent required that he should be paid at least one
thousand pounds sterling each year ; and in addition to
this, he received the grant (which had been enjoyed by
his predecessors, and was to pass to his successors also)
of a general tax of twenty shillings on every vessel
arriving in the Colony. Culpeper persuaded the King
to increase the salary of his post to two thousand pounds
sterling annually, a sum equal in purchasing power
to fifty thousand dollars in our present currency, an
enormous remuneration for the services of a provincial
official. This remained the permanent salary of the
Governors; and it was swelled by the allowance of
one hundred and fifty pounds sterling for house rent,
as well as by occasional special gifts from the Assembly ;
for instance, this body granted Culpeper a sum of five
hundred pounds sterling, and Nicholson three hundred,
as an evidence of its appreciation of certain services
they had respectively performed. The remuneration
received by the Governors after Culpeper's appoint-
ment was assured by appropriations out of the fund
accumulated from the tax of two shillings on each
exported hogshead as well as from the duties paid by
the ships trading with the Colony. The salary was
disbursed quarterly, and constituted the first lien on the
moneys lying in the treasury at the time it fell due.^

' Robinson Transcripts, p. 178; Colonial Entry Book, 1689-95,
p. 93; B. T. Va., 1 69 1, Nos. 16, 25, 29; also vol. vii., p. 118; Present
State of Virginia, 1697-8, Section iv. Beverley declared with some

The Governor: His Remuneration 351

The tribute in the form of beaver skins received annu-
ally from the Indians was valued at fifty pounds sterling;
and during Howard's incumbency, these furs were
considered to be a perquisite of his office.^

feeling that Culpeper's request for an increased salary was fa-
vorably received because he was a peer; History of Virginia, p. i88.
One of the instructions to the Governor of Virginia about 1682 was
to the following effect: "All Acts for raising money for a Governor
shall say the money is to be given or granted to his Majesty with
humble desires that ye same may be applyed to ye use of such
Governor, etc."; Colonial Entry Book, 1681-5, p. 93.
1 Colonial Entry Book, 1680-95, P- 224.

CHAPTER XII
The Governor: State and Dignity

AS the representative of the King and as the chief
executive and judicial officer of the Colony, the
Governor was hedged about with a great deal
of state. Almost from the foundation of the Colony,
he was allowed a considerable body guard; as early as
1623, for instance, the number of soldiers in immediate
attendance on Wyatt was thirty, a special corps granted
by the General Assembly and paid for out of the public
levy.i The body guard in 1643 perhaps contained the
same number of men^ ; but by 1648, it had been reduced
to ten, who had been carefully selected for their physical
strength. The reason given for this discrimination in
choosing them was that the Governor's life was in con-
stant danger both from the Indians visiting him under
pretence of entering into formal treaties, and from
persons whose sympathy with the Parliamentarians
in England had thrown them into a state of violent
disaffection towards the Colonial officers.^

During the existence of the Protectorate, the Gover-
nor apparently was unattended by a body guard, for

> Wyatt to Ferrer, British Colonial Papers, vol. ii., No. 26.
William Pierce was the captain of the guard at this time ; see Ran-
dolph MS., vol. iii., p. 175.

2 Robinson Transcripts, p. 238.

3 Hening's Statutes, vol. i., p. 355.

352

The Governor : State and Dignity 353

as soon as Berkeley was restored to his old position, the
Assembly declared it to be urgently necessary that such
a guard should be created for his honor and protection.
The Act passed in consequence provided that twenty
men should compose his escort; and that he should
enjoy the privilege of nominating the officer to be
placed in command of it. This little force was to be
subject in general to the orders of Berkeley alone;
and was to support him on all public occasions, es-
pecially during the sessions of the General Court and the
General Assembly. The only reservation in granting
him complete control over it was that, while the House
of Burgesses was sitting, one half of the corps was to
serve as a guard for that body under an officer whom it
would itself designate. The commander of the whole
corps received a salary of five thousand pounds of to-
bacco annually; and each soldier two thousand pounds.^
In 1674, the Governor's escort was increased in number
to twenty-four men ; and Berkeley was allowed twenty-
four thousand pounds of tobacco out of the public
levy for their accommodation at Green Spring. 2

All the Governors, as was natural, were very jealous
of maintaining the dignity of their office. When James
Read, the blacksmith, struck President Ratcliffe, he
was arrested at once and promptly sentenced to be
hanged, on the theory probably that he had been
guilty of treason in laying hands on the King's repre-
sentative, although that representative had inflicted
the first blow, and Read was really acting in self-
defence. He was able to save his life only by revealing

' Randolph MS., vol. iii., p. 283. The commanding officer could
only be sued with the leave of the Governor: Va. Maga. of Hist,
and Biog., vol. ix., p. 187.

2 Orders of Assembly, March, 1674-5, Colonial Entry Book, vol.
Ixxxvi.

VOL. II. — 23.

354 Political Condition

a plot hatched by Captain Kendall ; and the latter, in
consequence, was led out and shot to death. ^ Daniel
Cugley, for uttering abusive words against the Governor
and Council in 1630, was ordered to be committed to
the pillory, but was pardoned, no doubt in consideration
of his haste to offer an apology. 2 Thirty-two years
later, George Harwood was compelled to kneel in court
and implore forgiveness for using disrespectful language
about Deputy-Governor Morryson 3 ; and perhaps a
severer judgment still was, in 1668, imposed on one of
the justices of the peace who had been found guilty of
the like offence."* When, in 1673, Benjamin Eggleston
was convicted of having spoken " presumptuously and
impudently " of the prerogative, and contemptuously
of the Governor's authority, he was sentenced to be
publicly whipped at Jamestown, unless he consented
to pay three thousand pounds of tobacco, to be spent
in the purchase of arms for the Colony. ^ Only three
years later, John Watts and John Hanning, of Accomac,
were arrested for referring in a derogatory manner to
the Governor, and kept in custody until they had given
satisfactory bond to appear in the General Court at
Jamestown to answer for their slanderous words.^ So
sacred was the dignity of the mere office considered to be
that not even Berkeley after he had left Virginia under
a cloud of odium, and had fallen into a state of neglect
and impotence, was allowed to be made the target of
evil tongues; in 1677, John Sandford, of Lower Norfolk
county, was accused of reflecting on the reputation of

» Brown's First Republic, p. 53.

2 Randolph MS., vol. iii., p. 215.

^ Campbell's History of Virginia, p. 257.

* Robinson Transcripts, p. 256.

' General Court Records, vol. 1670-76, p. 155.

* Accomac County Records, vol. 1676-78, p. 16.

The Governor: State and Dignity 355

the unhappy old man, and he was not suffered to depart
from the Colony, which he designed doing at the time,
until he had answered to the General Court for his
scandalous attack.^ The House of Burgesses itself
seems to have taken the chief part in such prosecutions
when the person guilty of the offence was a member
of that body. An order was presented by the Assembly
to the Governor in 1699 requesting him to instruct the
Attorney-General to enter a criminal action against
Major Thomas Godwin and Andrew Ross for defama-
tory and abusive words touching himself. Both of these
men were probably members of the House, and perhaps
had made the objectionable speeches in its chamber
during the course of a sitting. ^

Actual mutiny against the Governor, or words tend-
ing to incite open sedition, were punished with even
greater severity because calculated to disturb the peace
of the community. Captain Kendall, as we have seen,
was deliberately put to death on the testimony of a
single witness for a supposed plot against the authori-
ties. The martial code enforced by Dale was equally
stem and summary in the penalty it imposed for the
same offence. But the most remarkable case of mutiny
recorded in these early times was that which led to
Harvey's deposition. According to Harvey himself,
it had its origin in the false rumor that he was only
awaiting a safe opportunity to betray the fort at Point
Comfort into the hands of the Roman Catholics, who
had recently made a settlement in Maryland.^ The
real cause, however, as stated by Samuel Mathews, lay
in the popular opposition to Harvey's countenancing
the division of the Colony; to his imposing, on his own

1 Lower Norfolk County Records, Orders Aug. i6, 1677.

2 Minutes ot Council June 5, 1699, B. T. Va., vol. Hi.

3 British Colonial Papers, vol. viii., No. 73.

35^ Political Condition

responsibility, oppressive taxes; and to his usurping
various powers regardless of the advice and disapproval
of the Council, to whose consideration this body
claimed he was bound by law to submit all his designs
and plans. It would appear also that his personal
bearing, especially while presiding in the General Court,
had given just ground for umbrage to his associates.^
There were charges and countercharges of disloyalty.
Menefie accused Harvey to his face of intentionally
neglecting to send to the King information of the Assem-
bly's positive refusal to accept the royal offer for the
entire tobacco crop of the Colony. At this charge,
Harvey rose in great excitement from his seat. " I
arrest you," he cried out to his assailant, "for the crime
of treason." Captains Utie and Mathews seized the
indignant Governor by the shoulder and held him down
in his chair. "We arrest you," they exclaimed, "on
suspicion of treason to his Majesty." Dr. Pott, step-
ping to the window, waved his hand, and straightway
forty musketeers marched up to the door of the Gover-
nor's house where the Council was sitting.

So much were the passions of the people aroused by
the news of this stormy scene that Kemp urged Harvey
to leave the Colony at once, in order to escape violence
to his person; and that there was really a constant
danger that he would be assaulted was shown by the
precaution which the Council itself took in providing
him with a guard for his protection. The four men
chiefly responsible for Harvey's forcible removal from
office were John West, who succeeded him at once in
the post of Governor: Samuel Mathews, who had also
given offence by opposing the royal offer for the Colony's

1 See Mathews's Letter to Wolstoneholme, May 25, 1635, British
Colonial Papers, vol. viii., No. 65.

The Governor : State and Dignity 357

annual crop of tobacco, and by defiantly asserting, when
it was proposed to limit the amount of that crop, that
the King himself could not prevent him from producing
as much of this commodity as he chose on his own
land; Captain William Pierce, who had brought a
company of musketeers to Jamestown in anticipation
of trouble with the Governor, and had promptly used
this military force at the critical moment; and finally
George Menefie, who had demanded and received of
Harvey his Commission and Instructions as soon as he
was declared to be deposed. ^

The greatest insurrection which occurred in Virginia
during the whole Colonial period was that of 1676, led
by the younger Nathaniel Bacon, but it was not directed
exclusively, like the mutiny of 1635, against the
Governor. It was brought about by abuses for which
the vestries and the General Assembly were as respon-
sible as Berkeley himself, although it is not probable
that the action of these bodies would have been so ex-
treme had not the Governor's influence been thrown
into the same scale to the encouragement of all who
were selfish in spirit and unscrupulous in conduct,
especially as related to political affairs.

' British Colonial Papers, vol. viii., Nos. 6i, 85.

CHAPTER XIII
The Council: Its Membership

AMONGST the foremost men residing in the Colony
during the Seventeenth century were the mem-
bers of the Governor's Council; who, from the
earliest to the latest decade, were invariably chosen
from the body of the wealthiest, most capable, and most
influential citizens of Virginia. It was expressly en-
joined in the instructions received by the Governors
from time to time that no one should be appointed
Councillor known to be lacking in estate and in ability.
In giving 'Howard directions as to the character and
condition of the persons whom he should nominate to
seats at the board, he was, with great particularity,
warned to avoid making choice of " necessitous people,
or people much in debt."^ It reveals how strictly the
prerequisite that each member of the Council should
own a large amount of property was enforced that
Nicholson, although, in 1691, very anxious to appoint
Colonel Thomas Milner, a man who had, with distinc-
tion, occupied the honorable and responsible post of
Speaker of the House of Burgesses, nevertheless was
prevented from recommending him by the fact that he
was not in possession of sufficient estate. ^ This dis-

» Instructions to Howard, Colonial Entry Book, 1685-90, p. 23.
2 B. T. Va., 1691; see Nicholson's Letter dated June 10, 1691,
No. 41.

358

The Council: Its Membership 359

crimination did not have its origin in such a purely
sentimental cause as the desire to maintain the ex-
traordinary dignity of the office by choosing to fill it
only men enjoying the highest consideration in the com-
munity; the care in selecting members of the Board
among persons of property was attributable to the
very practical fact that the Councillor served both as
naval officer and as collector of customs for the district
in which he resided; that as such he had the custody of
very large sums of money; and that unless he owned a
competent estate, any default on his part would entail
a permanent loss to the Colony. Should he, however,
possess a large property, any deficit in his accounts
could soon be covered by its sale.^

Wealthy and prominent both socially and politically
as the citizen must be to become a member of the
Council, his nomination to that office at once greatly
enhanced his importance in the community. This fact
was not reflected merely in an increase in personal dig-
nity; appointment to the Board was one of the surest
means existing in the Colony of trebling and quadrup-
ling a fortune, owing to the large salaries of the numer-
ous very lucrative offices that went with it. Nor did
the performance of the duties incident to these offices
interfere in the slightest degree with the incumbent's
accumulating property by engaging at the same time
in the calling of a planter and the business of a trader
in tobacco and merchandise, the only avenues open to
the average citizen by which he could add to his estate.
What were these offices? Firstly, when the Governor
and Lieutenant or Deputy-Governor were absent from
Virginia, the President of the Council became the
acting chief magistrate of the Colony at an annual

' B. T. Va. 1699, vol. vii., p. 150.

360 Political Condition

remuneration of five hundred pounds sterling ; secondly,
the entire number of Councillors constituted the Upper
House of the General Assembly, and in the various
powers exercised by them in that character closely
resembled the English House of Lords; thirdly, in
association with the Governor, they formed the General
Court, which concentrated in itself the several juris-
dictions of the Chancery, King's Bench, Common Pleas,
Exchequer, Admiralty and Ecclesiastical Courts of
England ; fourthly, they served as commanders-in-chief
or colonels of their respective groups of counties, and
as such possessed privileges closely analogous to those
of the English Lords- Lieutenant; fifthly, they acted as
naval officers, and in that capacity were called on to
enforce all laws passed by Parliament and the General
Assembly for the advancement of trade and navigation,
and as naval officers, they also entered and cleared all
vessels; sixthly, they were the collectors of the export
duty of two shillings a hogshead, and of all other duties
of the like nature, such, for instance, as the one penny
a pound imposed on tobacco shipped from Virginia to
another English colony in America; seventhly, they
were the farmers of the quitrents, which they obtained
from the Auditor on very low bids; eighthly, they
acted as escheators, an office very lucrative in itself and
offering unusual opportunities for profitable invest-
ment; and finally, such exalted positions as those of
Secretary and Auditor of the Colony were always filled
by men drawn from the circle of the Governor's Council.
It is not going too far to say that the members of the
Council appropriated to themselves all those higher
offices of the Colony which were attended with the
largest salaries, or presented the most numerous
chances for money-getting. They deliberately dis-

The Council : Its Membership 361

regarded the fact that the concentration of these offices
in so few hands brought about serious damage to the
public interests whenever the Councillor was required
by his incumbency of two separate positions to perform
two sets of duties really in conflict with each other;
a Councillor, for instance, was called upon to pass upon
the correctness of his own accounts as collector; as
collector, he was obliged, for his own enlightenment as
a judge of the General Court, to inform himself of all
violations of the Navigation Acts; as farmer of the
quitrents, he practically owed the success of his bid to
himself as Councillor; as escheator, who was a minis-
terial officer, he took and returned the inquisitions of
escheats to himself as a judicial officer, and as such,
passed upon points of law coming up in his own
inquisitions.^

It is no cause for surprise that such a concentration
of offices, necessarily so discouraging to a thoroughly
conscientious discharge of public duties, should, in the
long run, have resulted in many serious abuses. In his
" Declaration of the People," one of the noblest of all
American public papers, which deserves to have a far
greater reputation than it enjoys. Bacon singled the
Councillors out as " wicked and pemitious aiders and
assisters against the commonalty "2; and he denounced
them as "sponges to suck up the pubHc treasury," as
a " powerful cabal " full of wiles for their own enrich-
ment, and as traitors to the people in their greedy
determination to appropriate to themselves all the
official fat of the unhappy Colony. 3 Two decades
later, the younger Benjamin Harrison reflected upon

1 Present State of Virginia, i6gy-8. Section on Councillors.

2 British Colonial Papers, vol. xxxvii., Doct. 41.

3 Ihid., Docts. 41, 51.

362 Political Condition

members of. the Council in almost the same terms : —
"The course of affairs," he wrote to the Council of
Trade in July, 1698, "has been so long in the same
channel that it now looks like justice it should continue
so ; and it is almost become criminal to argue against it,
for whilst ill men find their advantages by such con-
stitutions and the illegal and abusive practices thereof,
those who would endeavor to make any reformation
shall never fail to be branded as persons of turbulent
spirits, stubborn and disloyal hearts, treacherous and
wicked inclinations, and not only so, shall meet with all
opposition imaginable, rage, and violence of those who
think themselves losers by the alteration." And he
concluded by asserting that the " Councillors would
always have so great a regard to their own interests
that they would not fail to stand by each other in op-
position to all persons whatsoever."^

It was natural enough that the man possessing the
right to fill so lucrative a position temporarily in case
of a sudden vacancy, and whose recommendation was
practically conclusive with the English authorities
when the permanent appointment was to be made,
should have exercised a paramount influence over the
members of his Council. They were not only, from an
official point of view, created by his favor, but also,
in their tenure, entirely dependent upon the continua-
tion of his good-will. Henry Hartwell, in replying to
the queries put to him, in 1697, by the Committee of
Trade and Plantations, remarked that his own observa-

1 Benjamin Harrison, Jr., to Commissioners of Plantations,
B. T. Va., Entry Book, vol. xxxvii., pp. 235, 303. Harrison was,
no doubt, very much embittered against the Council. He had
been accused of going off to Scotland in his ship without first ob-
taining clearance papers, and there selling the vessel vmder a false
name.

The Council : Its Membership 363

tion had shown him that " the fact that the Councillors
held their places by the Governor's gift, and during
his pleasure, restrained them from the due freedom of
counsel and debate " ^ ; whilst the authors of the mem-
orable pamphlet The Present State of Virginia, idgj-S,
one of whom was Hartwell himself, declared that the
same officers " were ready instruments to advise or
execute, not only what the Governor expressly desired,
but whatever they can imagine will serve and please
him," It followed, so the same writers asseverated,
that the whole power of the Council was as thoroughly
at his command as if it had been directly invested in
him by the King ; and that he was as free to give such
orders as he saw fit, just as if no such body was in ex-
istence. If, however, any policy adopted by him
caused displeasure to the English authorities, he was al-
ways at liberty to shield himself from the consequences
by gravely affirming that he was acting under the
Board's advice; and the same subterfuge was open to
him in case he had incurred the odium of the colonists
by his course.

There is reason to think that these general reflections
upon the bearing of the Council towards the Governor
were not devoid of truth, although some allowance
must be made for the influence of envy and jealousy on
the minds of the witnesses, however reputable. The
members of that body were human after all, and it was
a peculiarly sordid and grasping age. In a Colony
resembling Virginia during the Seventeenth century,
where the chief thoughts and energies of the people
were directed towards the conquest of nature and the
improvement of their condition amid their primeval

> B. T. Va., 1697, vol. vi., p. 143.

3^4 Political Condition

surroundings, it was to be expected that the accumu-
lation of property would have appeared the most
important of all tasks, as it was doubtless the most
interesting in which the citizen could engage. The
Councillor's position offered, as we have already seen,
exceptional opportunities for an increase of income.
That the first men in the Colony should have been eager
to secure it for that reason, and that having once
obtained it, they should have displayed some sub-
serviency in order to keep it, were facts that might
have been easily predicted and which we hardly require
any contemporary testimony to assure us of. Neverthe-
less, there is no proof that, as a body, the Councillors
were on all occasions prepared to sacrifice their sense
of public duty and their convictions as to what was
right in itself for the mere purpose of standing in well
with a Governor bent upon defying public sentiment
and overriding justice in the pursuit of his own objects.
We have already seen how firm was the opposition
which the whole Board raised to Harvey's selfish and
unlawful conduct. Whilst the greater number of the
Council supported Berkeley in those measures which
were among the chief causes of the Insurrection of 1676,
nevertheless one probable member of that body, the
elder William Byrd, exhibited so much sympathy with
Bacon's proposed reforms that he was subsequently de-
nounced as a " notorious offender " by the more politic
of his associates. 1 The Commissioners who undertook
to settle the affairs of Virginia after the collapse of the
Rebellion had, on more than one occasion, reason to

■ Colonial Entry Book, 1676-81, p. 265. Byrd arrived in Vir-
ginia in 1674 when only twenty-two years of age. If a member
of the Council at this early age, it was through the influence of
family connections in the Colony.

The Council : Its Membership 365

describe some members of the Council as " rash and
fiery. "^ Nor was it a certain sign of a supple spirit
that so many of the same body retained the office for so
great a length of time. Prolonged experience only
made them more indispensable to successive Governors
in administering the Colony's affairs, and their presence
at the board assured for these Governors a higher degree
of the public confidence. Of the members of the
Council sitting in 1697, Ralph Wormeley and Richard
Lee had occupied the position during twenty-one years,
William Byrd during fifteen, Christopher Wormeley
during thirteen, and Edward Hill during eight. ^ At
least one of these distinguished citizens had shown that
he did not value the large income resulting from his
tenure so much that he was ready, in order to keep it,
to trample upon the dictates of his conscience without
scruple. When Parliament, after the Revolution of
1688, substituted a new oath for the former oaths of
allegiance and supremacy, and required all persons
holding office to subscribe to it, Richard Lee, as a
member of the Council of Virginia, declined to take it,
on the ground that he could not do so without violating
his principles. Nor was he the only one to assume this
attitude so injurious to his pecuniary interest; both
Isaac Allerton and John Arnjistead exhibited a like
spirit of independence and superiority to personal gain
on the same occasion.^

Who was eligible to become a Councillor? In the
Act of Parliament adopted to prevent frauds in the
Plantation Trade, it was declared that only " native-
born subjects of England and Ireland" would be

' Colonial Entry Book, 1676-81, p. 210.

2 B. T. Va., vol. vi., p. 143.

^ Orders of Council, April 21, 1 69 1 , Colonial Entry Book, 1680-95.

366 Political Condition

permitted to hold places of trust in courts of law. As
every member of the Council in Virginia was also, by
reason of his office, a member of the General Court, the
question arose when Commissary Blair was nominated
to the Council whether all natives of Scotland were not
incapable of being advanced to a seat at that board.
The question was finally referred to the English At-
torney-General, who gave the opinion that Blair was
eligible because he was constructively a " native-born
subject of England "1; and he was, in consequence,
sworn in. An Act of Assembly, passed in 1677, pro-
vided that no one should be appointed to any office in
the Colony who had not resided there at least three
years; but it was expressly affirmed that this law did
not apply to a person who had received his commission
from the King. 2

The number of members belonging to the Council
of 1607 was limited to seven, ^ but the smallest num-
ber constituting that body at any later period never
seems to have fallen below nine. The authors
of the Present State of Virginia, idgy-S asserted
that, towards the last decade of the century, the
Governors deliberately adopted the policy of restrict-
ing the membership to this figure as offering the
greater assurance that they would be surrounded at
the board by a subservient circle of advisers.-* As
long as there were only nine, they could be rewarded
without difficulty, as there were just about that number
of very lucrative offices to be distributed among them.

' B. T. Va., vol. vi., p. 297.
2 Colonial Entry Book, 1676-81, p. 161.

•> Works of Captain John Smith, vol. i., p. 151, Richmond edition.
* See also Minutes of Council, April 21, 1691, B. T. Va., 1691,
No. 27.

The Council : Its Membership 367

Had anyone been left out in the division, his loyalty
to the Governor could not have been counted on with
certainty, nor even his willingness to hold the position
long, as its tenure entailed considerable expense. It
was, however, found even by the Council itself that the
restriction of their number to nine gave rise to serious
inconvenience, and, in 169 1-2, that body took the in-
itiative in petitioning the King to add to their member-
ship. The reason for their making this request lay in
the fact that, from time to time, the attendance at their
meetings was much curtailed by the sickness of in-
dividual Councillors, or by their inability to be present
owing to the accumulation of ice in the streams in
winter, and the prevalence of high winds on the broader
reaches of water in both winter and summer.^ No
doubt, in consequence of such representations, the
membership had, by 1700, been increased to seventeen,
after a preliminary enlargement to twelve. 2

> Orders of Council, Jan'y 28, 169 1-2, Colonial Entry Book,
1680-95.

2 B. T. Va., 1700, vol. viii., Doct. 29; B. T. Va., 1699, vol. vii.,
p. 114-

CHAPTER XIV
The Council: How Appointed

THE members of the first Council assembling in the
Colony were nominated either by the King or
by the Council of Thirteen resident in England,
who, under the provisions of the charter of 1606, were
entrusted with the principal supervision of affairs in
Virginia. When the first expedition was about to set
sail from London, the names of the members of the
Council to be established oversea were inserted in a box,
with orders that it was not to be unlocked until the ships
had reached their destination.^ So soon as a landing
had been made at Cape Henry, the box was opened, and
it was found that Bartholomew Gosnold, Edward
Maria Wingfield, Christopher Newport, John Smith,
John Ratcliffe, John Martin, and George Kendall had
been designated as the first Councillors, but they did
not take the oath of office until they had disem-
barked at the future Jamestown. 2

When the ordinances and constitutions of 1619 and
1620 were framed, it was provided therein that the
members of the Council resident in Virginia should be
chosen at the meeting of the quarter court held in

1 Works of Captain John Smith, vol. i., p. 150, Richmond edition.

2 See ibid., p. 151, Richmond edition.

368

The Council : How Appointed 369

London ; and this was to be done by an erection of hands
unless, on any occasion, it was considered more advis-
able that a ballot should be taken. ^ A different rule
seems to have prevailed immediately after the charter
of 1609 was granted. By the terms of his commission,
De la Warr was authorized to nominate as members of
the Council such and so many persons, selected from
amongst the inhabitants of Virginia, as he should decide
to be best. After the revocation of the letters-patent
in 1624, the power of appointment reverted to the
Crown. Practically, this was purely nominal and
theoretical, for, in reality, from the beginning of the
period, the choice was made by the Governor, subject
to the approval of the King or his representatives,
namely, the Privy Council, and the Council for Trade
and Plantations.

From an early period, as indispensable to the ad-
ministration of the Colony's affairs, the Governor was
ir.structed to fill any vacancy which might occur in the
rnembership of the Board. Not long after his arrival
at Jamestown, Gosnold, one of the original Councillors,
died, and Kendall, a few months later, was executed
for treasonable plotting. To one of the -vacancies thus
caused, Scrivener was admitted by direct appointment
of the President, who, however, was acting with the
consent and approval of the existing members. Gover-
nor Yeardley was, in 1626, expressly impowered to fill
all vacancies which might arise. 2 When Harvey came
over in 1629, he found only two Councillors surviving,

' Ordinances and Constitutions, 1619, 1620, p. 19; Force's Hist.
Tracts, vol. iii.

2 Instructions to Yeardley, 1626, Robinson Transcripts, p.
47; Works of Captain John Smith, vol. i., p. 166, Richmond
edition.

VOL. II — 24

370 Political Condition

and he proceeded to swear in six more at once.^ By
the terms of the commission granted to him in 1636, he
was required lO report to the English Government
every case of de^th, resignation, or removal among the
members of the Boc^rd^ ; and so small was the circle at
this time, that only a prompt appointment in any one
of these events prevented serious embarrassment to the
public interests. The English authorities must now
have conceded the right of temporary appointment as
a political necessity, but at the s^^ne time, they re-
newed their order that the final appe^ntment should
come from England, though the name nVght be sug-
gested, as it was as a matter of fact, by the Governor
himself.^ It was in this manner that Robert' Evelyn,
Christopher Wormeley, Richard Townsend, an^ John
Sibsey were, about the same date, advanced id this
office.*

During the period of the Commonwealth, all vacancies
occurring in the Council were filled by the Assembly's
appointment; and in exercising this right, that bod>''
was simply conforming to the terms of the agreement
between Parliament and itself concluded at the time
of the Surrender. 5 In 1656, Colonel Walker and the
elder Nathaniel Bacon were chosen by the Governor and
Council to unoccupied seats at the board, but with the

' British Colonial Papers, vol. v., No. 95 II.

2 Patent Roll, 12 Charles I., Patent 20, No. i.

3 Hazard, vol. i., pp. 400-3.

♦ British Colonial Papers, vol. ix., 1636-8, No. 37. See Commis-
sion and Instructions of Wyatt, 1637-38-39, Domestic, Charles I.,
Docquet, Jan'y 8, 1637-8; also Colonial Entry Book, 1606-62,
p. 216.

5 Hening's Statutes, vol. i., p. 431. The exact words were: "The
election to be until the next Assembly or until further pleasure of
supreme power in England shall be known"; see also Hening's
Statutes, vol. i., p. 358.

The Council : How Appointed 371

express reservation that their tenure was only to last
until the General Assembly should hold its next meet-
ing. It would seem that even this action was unusual,
as the pressure of " emergent necessitie " was formally
offered as its justification. This reason was carefully
weighed by the House when it convened, and as it
appeared to be well grounded, was accepted, and the
temporary appointments were confirmed. ^

One of the earliest acts of the English Government
after the Restoration of the Stuarts was to issue an
order to the Attorney-General to draw up a bill for the
royal signature for Berkeley's reinstatement in his old
position, with the right to fill all vacancies in his Council
subject to the approval of the King. The same right
was subsequently granted to both Culpeper and
Howard. 2 When, in 1691, Richard Lee, Isaac AUerton,
and John Armistead resigned from the Board, because
unwilling to take the oath recently prescribed by Parlia-
ment, the Governor then in office proceeded to appoint
their successors at once, although there were still eight
Councillors remaining; but, at this time, it was con-
sidered detrimental to the public welfare for their
number to fall below eleven or twelve.^ The power to
fill all vacancies in the Council was also bestowed on
Nicholson when he received his commission as Governor
at the close of the century; but he, like all his prede-
cessors, had to report his nominations to the Privy
Council or the Board of Trade for the royal appro val.*

1 Acts of 1656, Randolph MS., vol. iii., p. 267.

2 See Warrant 1660, British Colonial Papers, vol. xiv. ; Colonial
Entry Book, vol. 1681-85, p. 14; vol. 1685-90, p. 4.

3 It would seem that the Board had to be composed of at least
nine members; see B. T. Va., 1691, No. 27; Beverley's History of
Virginia, p. 189.

* B. T. Va., 1699, vol. vii., p. 114.

372 Political Condition

What power to suspend or remove a Councillor was
possessed by the Governor? When Berkeley was first
appointed, he was instructed to summon to the next
session of the Council any member guilty of a breach
of morality or a violation of the law. Not less than six
of the whole number of Councillors were required to be
present at such a meeting to deliberate upon all the
details of the accusation; and a judgment was to be
valid only if it were approved by a majority of voices.
Should the Councillor on trial fail to be acquitted, he
was to be either bailed or committed to prison, in either
of which events, he lost his membership permanently or
temporarily, according to the seriousness of his offence.^
It was under such circumstances that Captain Henry
Browne was suspended; and in a case of this kind, the
Council seems to have sat as a General Court. ^ It
would appear that this regulation remained in force
until after the collapse of the Insurrection of 1676;
not until then did the Governor acquire the right to
remove or suspend according to his own discretion; the
power was then given him because it was feared by the
English Government lest the Council should, at some
future time, become so deeply imbued with popular
sympathies that it would not declare vacant the seat
of a member known to be tainted even with treason;
but as a check, the Governor was compelled to make
a full report to the English authorities of all the reasons
which had led him in any instance to suspend or remove
a member of that body.^ Howard, having been im-
powered by the terms of his commission to displace any

» Colonial Entry Book, 1606-62, p. 222.

2 Robinson Transcripts, p. 235.

3 Beverley's History of Virginia, p. 187; Nicholson's Commission,
B. T. Va., 1699, vol. vii., p. 114.

The Council : How Appointed 373

Councillor whom he had just cause to look upon as
hostile to the royal interests, expelled. Philip Ludwell
from the Board in the course of 1687; and his action
when explained to the King was fully approved.^
Absence from Virginia, without leave of the English
Government, for a period of two years was considered
to be a sufficient justification for declaring a Council-
lor's seat vacant. The instructions given to Nicholson
in 1699 confirmed this regulation, but it would appear
that a member was entitled to remain out of the country
without loss of office provided that he had first secured
the Governor's consent. ^

By the terms of Howard's Instructions in 1685, a
quorum of the Council could consist of three members,
but it was only to be reduced to such a small number
in case of an extraordinary emergency. Under the
usual circumstances, the Governor was required to be
supported by a quorum of at least five members. The
like instructions were given to Andros.^

' Colonial Entry Book, 1685-90, p. 153.
2 Ibid., 1685-90, p. 23; B. T. Va., vol. vii., p. 115.
» Ibid., 1685-90, p. 22; B. T. Va., 1691, Entry Book, vol.
xxxvi., p. 121.

CHAPTER XV
The Council: Powers and Remuneration

THE Council possessed no power independently of
the Governor when he was present in the Colony,
or of his representative, the Lieutenant-Governor
or Deputy-Governor, whenever he himself was absent.
It may be asserted in a general way that the principal
duty of this body consisted in advising the Governor in
the matter of the various questions coming up in his
administration of public affairs ; and they were entitled
to be consulted by him in every branch of public
business presented to his consideration. A warm dis-
pute arose during Harvey's incumbency as to whether
the validity of the Governor's acts was not entirely
dependent upon his having obtained beforehand the
Board's consent and approval. It is difficult to say
how far this contention was correct as relating to the
same point at later periods. The Councillors perhaps
took so extreme a position in Harvey's time under the
influence of the instructions which Charles I. had given
to the Governor and Council in March, 1624-5: "We
grant unto you and the greater number of you respect-
ively full power and authority to execute and perform
the places, powers, and authorities of a Governor and
Council of Virginia"; and only a few years later, the
same King declared that " all his loving subjects " in

374

The Council: Powers and Remuneration 375

Virginia were to be governed by the same body as a
whole, or by the greater number of its members, " in
all things."^ It seems clear from the royal words that,
during the earlier part of the Seventeenth century,
the Governor could not act regardless of the advice
or approval of his Council; and it is probable that
this was his legal position throughout the century,
subject, however, with equal probability to the im-
portant modification that a mere majority of voices
was not conclusive unless he voted in harmony with
them; and that, on the other hand, his joining in the
minority of voices did not make that minority override
the majority. 2

Apart from their right to advise and approve or
disapprove of all the steps or measures proposed by the
Governor, the only power independently of the judicial
and legislative functions^ which the Council possessed
was one expressly delegated to its members in con-
junction with the Governor by Act of Assembly. Such
a power was the power to impose taxes within certain
limits enjoyed by the Governor and Council at one time,
although only for a very short period. They were, in
1 63 1, pointedly forbidden to exercise such a power by
their own authority, on the ground that it belonged to
the House of Burgesses alone^; but at a later date, the
right to lay a public levy not to exceed thirty pounds of
tobacco a tithable was granted to them as a means of

» Robinson Transcripts, pp. 42-3; Randolph MS., vol. iii., p. 209.

2 For powers of Council see Beverley's History of Virginia, and
Present State of Virginia, lOgy-S, by Hartwell, Chilton, and Blair.

3 The functions of the Councillors as members ex officio of the
General Court have already been detailed. Their functions as
members ex officio of the Upper House of the General Assembly
will be described in a later section.

* Hening's Statutes, vol. i., p. 171.

37<^ Political Condition

avoiding the expense of a special session of the Assem-
bly, as such a session not infrequently made necessary
an outlay equal to the whole cost of administering the
Colony's affairs for the space of twelve months.^ The
exercise of this right by any public body besides them-
selves soon occasioned the House so much jealousy and
suspicion, that, in a very short time, they withdrew it
from the Governor and Council; who, in consequence,
were led to petition the Committee of Trade and
Plantations to restore it to them regardless of the dis-
approving attitude of the Assembly. They declared
that they would be content to restrict their levy to
twenty pounds of tobacco a tithable; and they also
promised to account to the next House as to the manner
in which the whole sum thus raised had been expended.
They concluded by pointing out that the justices of the
county courts had long enjoyed this right in assessing
the county taxes. ^ This appeal to the English au-
thorities seems to have been unsuccessful ; and its only
practical result apparently was to make the House of
Burgesses more reluctant than ever to delegate so
dangerous a power. In the course of 1686-7, that
body firmly refused to allow the Governor and Council
to lay a public levy of twenty pounds of tobacco a
tithable.^

By an order of the Long Assembly, adopted in 1673,
the Governor was authorized to distribute among the
members of the Council the sum of fifty pounds sterling,
which had been collected as a part of the fund derived
from the tax of two shillings imposed on every hogs-
head of tobacco exported from the Colony. This seems

• British Colonial Papers, vol. 1., No.. 69.
2 Colonial Entry Book, 1681-5, p. 186.
^ British Colonial Papers, vol. lix., No. 58.

The Council: Powers and Remuneration 377

to have been designed as some return for their services
as members of the Upper House and of the General
Court, as well as of the Council.^ Even the Assembly
of 1676, which, under the influence of Bacon and his
principal followers, reformed so many serious abuses,
approved of this measure; that thoughtful and de-
termined body of men went even further in the reward
they allowed for these services, for, instead of fifty
pounds sterling, they directed that one hundred pounds
should be disbursed among the Councillors in proportion
to their attendance; and in the course of the following
year, two hundred and fifty pounds sterling were, by
order of the General iVssembly then sitting, added to
this sum. 2 In a letter written by William Fitzhugh in
1687, he declared that each of the Councillors received
in the form of salary between thirty and forty pounds
sterling per annum payable by means of the export tax
on tobacco.^ In the next decade, three hundred and
fifty pounds sterling were annually disbursed for their
benefit, which ensured for each the same amount still.*
We learn from ' Beverley that the distribution at the
end of the century continued to be entirely in propor-
tion to attendance,^ for the theory was then, as it was
twenty-five years earlier, that the payment was de-

« Acts of Assembly, 1673, Colonial Entry Book, vol. Ixxxvi.

2 Hening's Statutes, vol. ii., pp. 359, 392. The Assembly in
1676-7 directed the payment to the Councillors of ;^ioo "over and
above the ;^25o paid them." As will be seen in a later paragraph,
there was a special reason for the Assembly's action, namely, its
determination to deprive the Councillors of certain valuable ex-
emptions, for which this increase of salary was supposed to be
some compensation.

3 Letters of William Fitzhugh, April 5, 1687.

« Minutes of Council, June 15, 1696; April 26, 1698, B. T. Va.,
vol. liii.

s Beverley's History of Virginia, p. 189.

37^ Political Condition

signed simply to cover the Councillors' actual expenses
during the performance of their duties as members of
the Council, of the General Court, and of the Upper
House.

If the Councillors had been compelled to rely upon
their fixed salaries as their only remuneration for their
services in these different capacities, they would have
been but poorly rewarded for the trouble, expense, and
loss of time which these combined offices made neces-
sary. Their chief income was really derived from their
percentage of the funds accumulating in their hands
as the collectors of customs in their several districts.
This income was so large that they were willing enough,
in return for its acquisition, to perform almost gratui-
tously all the duties imposed upon them as members
of the Council, of the General Court, and of the Upper
House of the Assembly.^ It was to be expected that,
when, in 1698-9, the Governor of the Colony was in-
structed from England to forbid any Councillor to
occupy the position of collector or naval offfcer, there
would be an earnest protest from every member of the
body. In a petition bearing upon the subject, presented
by Richard Lee, Edward Hill, Edmund Jennings, and
Charles Scarborough, every one of whom had, at one
time, combined in his own person the offices of collector,
naval officer, and receiver, it was urged that all these
offices ought to be held by Councillors in order that they
might obtain some compensation for " their care and
trouble, and their great expense of time and money,
loss and damage in their estates and hazards they
undergo to serve the king " ; and they declared further

' See Letter of Nicholson to Committee of Plantations, July,
699, B. T. Va., 1699, vol. vii.

The Council: Powers and Remuneration 379

that, without the income from these offices, the Council-
lors would not have sufficient means, unless they drew
it from their private estates, " to bear the expenses of
their journeys to and from town, these being distant
some one hundred miles, some seventy, none less than
twelve, with rivers to cross. "^

The statements made in this petition were far from
being devoid of reasonableness. The members of the
Council as judges of the General Court, as members of
the Upper House, and also as Councillors, undertook
duties of extraordinary weight and delicacy, which
exacted a great expenditure of time and thought for
their proper discharge, and which could only be per-
formed at all by a periodical attendance at Jamestown,
a step requiring a very considerable outlay to meet
the costs of board and lodging during their stay there.
Had the English Government persevered in its deter-
mination to deprive the members of the Council of the
collectorships, the office of Councillor would have soon
fallen into less responsible and less distinguished hands;
and from having been the most eagerly desired position
in the Colony, would have soon become one compara-
tively little sought after simply because it imposed a
burden of personal expense which few, however rich,
would have been willing to bear.

The direct remuneration allowed members of the
Council was not limited to the particular sum of thirty
or forty pounds a year granted to recoup them for their
actual expenses in the performance of their different
duties; they were, in addition, permitted to enjoy

• B. T. Va., vol. vii., p. 150. Nicholson writing in 1690 said:
"Col. Lee and Col. AUerton live nigh 100 miles off. Col. Custis on
ye Eastern Shore is often hindered by wind and weather. The rest
live nigh 40 miles off"; B. T. Va., 1690, No. 6.

380 Political Condition

certain exemptions from taxation amounting to a
very substantial advantage from a pecuniary point of
view. As early as January, 1639-40, the General
Assembly, in conformity with instructions given to
Gov. Wyatt, reheved every Councillor of the burden
of public charges touching himself and ten of his ser-
vants. ^ The instructions to Berkeley, a few years
later, authorized the bestowal of the like extraordinary
privilege, on the ground that the members of the Council
were compelled to devote the greater part of their time
to the public service to the neglect of their private
affairs; but the exemption was to be suspended during
the progress of a defensive war, or during the time the
building of a town was under way ; nor was it, under any
circumstances, to apply to the regular dues of the
Church and the clergymen. 2 That the order for the
discontinuance of the privilege during a period
when hostilities were going on was really enforced
is shown by the General Assembly's action in
1644-5 (^ y^^^ made memorable by Indian outrages
all along the frontiers), in requiring each Coun-
cillor to pay the usual tax on every tithable in
his employment so as to swell the fund for meet-
ing all the charges imposed by the defensive meas-
ures then taken. In other words, he was compelled,
like the great body of citizens, to contribute

1 "Sir Francis Wyatt brought over instructions to free all his
Council from paying all public charges. Captain Willoughby of
this county coming in as one of the Council then with Sir Francis
"Wyatt, and having ten or more in number in his family, the levy
being 60 lbs. of tobacco per poll was exempted for all"; Lower
Norfolk County Orders, Jan'y 16, 1642; see also Robinson Tran-
scripts, p. 227; Randolph MS., vol. iii., p. 231.

2 Colonial Entry Book, 1606-62, p. 223; Hening's Statutes, vol.
i., p. 279.

The Council : Powers and Remuneration 381

in proportion to the number of persons in his
service.^

This grant to the Councillors of exemption from the
heaviest public charges must have appeared even to
the mass of the colonists to be neither unreasonable
nor improper, for in 1657-8, when Virginia was governed
practically by the popular voice as represented in the
House of Burgesses, we find it renewed in almost
precisely the same language as had been used during
the preceding period. ^ It is certain that the House
would not have done this at a time when it was so
responsive to popular influence had it not really felt
that the Councillors were entitled to some unusual
form of remuneration; and that, although this ex-
emption from all public dues, except those for the
support of the Church and its ministers, increased the
burden of taxation already borne by the people at large,
nevertheless this was not inequitable, owing to the very
onerous, responsible, and expensive duties performed
by these officials; and that, if the Colony was to secure
for the position its most capable and trustworthy
citizens, then some special reward must be offered them.
It is quite probable that, from 1624 down to 1660, the
income derived by members of the Council indirectly
from their office (that is to say, from their appointment
to the collectorships, escheatorships, and the like) was
very much smaller than it was during the last quarter of
the century, and it was, therefore, thought, during this
interval at least, by all classes of citizens that some

> Hening's Statutes, vol. i., p. 307. The second great massacre
took place in 1644. The levy for 1645 ^^^ undoubtedly in part
at least designed to cover the expenses incurred in defence during
the previous year.

2 Hening's Statutes, vol. i., p. 445.

382 Political Condition

special privilege should be bestowed on them as a re-
turn for the loss of time and expenditure of money-
incurred by them in attending to the public business.
In 1660, when the system formerly prevailing in the
Colony was again in operation, the Councillors were
each allowed by Act of Assembly a sum of two thousand
pounds of tobacco; but this law was soon repealed;
without, however, depriving them of the very valuable
exemption from public charges which they were still
enjoying.^ How tenaciously they were disposed to
cling to this exemption was shown in 1663 by the
persistence of several of them, who had been sojourning
in England for a very considerable length of time, in
claiming it. This conduct seems to have aroused so
much indignation in the General Assembly that it
adopted an order that, should a member of the Council
not be an actual resident of the Colony, or should he
absent himself .for a period of one year or more, he
should, like any other citizen, be required to report for
taxation the full number of tithables in his service;
and the specific reason given by the General Assembly
for the passage of this Act was that the exemption from
public charges had only been allowed in consideration
of the Councillor's unremitting performance of all the
duties incident to his position. 2

In 1676, when the concentration of offices in the
hands of the members of the Council had reached its

> Hening's Statutes, vol. ii., p. 32.

2 Acts of 1663, Colonial Entry Book, vol. Ixxxvi. "Whereas
Thomas Loving, High Sheriff of James City county, by petition
requested the opinion of the House whether Colonel Higginson,
having been so long absent out of the country, should enjoy the
privilege of Councillor by exempting certain persons out of the
levies, Resolved that, in respect of his long absence, he being in
no public employment, shall not have any persons exempted."

The Council : Powers and Remuneration 383

furthest point, the General Assembly, which met in
that year and reformed so many abuses, expressly took
away this right of exemption, but, as some compensa-
tion for its loss, increased, as we have seen, their
collective salary from a total of fifty to a total of one
hundred pounds sterling. ^ This Act was repealed so
soon as Bacon's influence was destroyed by his death;
but it is significant that the exemption was not restored,
a course followed, no doubt, in deference to public
sentiment, which had long regarded with peculiar
disfavor the numerous privileges the Council had
managed to combine in their own possession. In order
to soften in some degree the Councillors' disappoint-
ment, the Assembly added two hundred and fifty
pounds to their annual collective salary. 2 Apparently,
the right of general relief from public taxation was
never again granted to them.

The Councillors asserted that, during their incum-
bency of their honorable and responsible office, they
were exempt from arrest by the usual process of law^ ;
and it would seem that this claim was not entirely
groundless. Hartwell, in his testimony before the Com-
mittee of Plantations, in 1697, declared that he knew
no means by which a member of the Council could be
brought into a county court to answer in the most ordi-
nary cause instituted against him there. When a suit
was entered against him in the General Court, a letter

» Hening's Statutes, vol. ii., p. 359.

2 Ibid., vol. ii., p. 392. The whole amount paid them by the
authority of this statute was £35°- ^^ i^ inferred that ;,(^2 5o
was added by this Assembly, as the amount allowed by the pre-
vious Assembly was, as we have seen, only one hundred pounds
sterling.

3 This claim was put forth specifically in an order of Council
passed in 1678; see B. T. Va., 1699, vol. vii., p. 59.

384 Political Condition

announcing the fact was addressed by the Secretary of
State to the sheriff of the county where he resided ; but
should the Councillor fail to appear, then the suit was
dropped. ^ In contradiction of this statement made by
Hart well, the Governor declared that, in all those cir-
cumstances in which a common writ was used in the
private citizen's case, the summons was used in the
Councillor's, and in obedience to it, he was required to
attend with the same degree of promptness as if the
regular writ had been issued; and that should he
omit to do so, a judgment by default was entered
against him. If this regulation was in practice merely
nominal, as Hart well asserted, it was not from any
neglect on the part of the Governor and Council in
renewing it whenever they deemed that step to be
necessary. Such a renewal, for instance, occurred
in March, 1698.2 Nevertheless, there is reason to
think that the Councillors sometimes took advantage
of one excuse or another to evade responding to even
a summons, an act which seems to confirm the gen-
eral correctness of Hartwell's accusation. So serious
had this indirect defiance of the law become that,
when instructions were drawn up for Nicholson in
1698, he was enjoined to deprive the Councillors of
the option (which they had been enjoying without any
authority) of obeying or neglecting the summons from
the Governor or the Secretary of State to appear in
court just as they thought their interests demanded.

' B. T. Va., 1697, vol. vi., p. 146.

2 B. T. Va., vol. vi., p. 156. An order of the General Court
adopted March 27, 1698, expressly declared that a summons signed
by the Governor or the Secretary of State should be in law as
binding on the Councillor as the ordinary writ; B. T. Va., vol. vi.,
p. 167. If signed by the clerk of the General Court alone, it was
deemed invalid.

The Council : Powers and Remuneration 385

It was only during a meeting of the General Assembly
that they were now allowed to disregard this writ
should one be then issued; which, however, was not
likely, as both the Governor and Secretary of State were
aware of the regulation. If the summons was received
at any other time, and not at once obeyed, then the
Councillor was liable, like the citizens in general, to be
brought into court by the ordinary process. ^

The object of requiring the members of the Council
to submit to the binding force of the summons, but not
to that of the ordinary writ, unless the summons had
been first disobeyed, was that, as the summons had to
be signed by the Governor or Secretary of State, some
discretion might be exercised as to the time when they
should appear in court. Subjected to the ordinary
writ, which could be issued at any hour by anyone
wishing to institute a suit, the Councillors could not,
from day to day, or month to month, know whether
they would not be compelled to leave Jamestown to
defend themselves in actions before county justices.
Such a call might come at a moment when an impor-
tant cause was on trial in the General Court, or the
members of the Council were taking measures for the
Colony's protection, under either of which circum-
stances the public interests would inevitably suffer.
The principle involved in the regulation was unques-
tionably a wise one; and not the less so because it
was occasionally abused, as seems to have been the
case in spite of the Governor's denial.

It was considered to be almost as much of a crime to
slander a member of the Council as to defame the
Governor himself. By the provisions of Dale's Martial
Code, the punishment for the first offence consisted of

1 B. T. Va , 1699, vol. vii., p. 59.

VOL. II — 2S

386 Political Condition

three successive whippings; for the second, condemna-
tion to the galleys at hard labor during three years;
and for the third, a sentence of death. ^ In 1643,
Thomas Parks, who had spoken in opprobrious terms
of ArgoU Yeardley, a Councillor, was arrested and
imprisoned until he gave satisfactory security for his
appearance at the next meeting of the General Court. ^
Other cases occurring at later periods were dealt with
with equal promptness and severity. A like indication
of the dignity of the Councillor's office was revealed by
the regulation prevailing about 162 1 which restricted
the right to wear gold in their clothes to members of the
Council and heads of Hundreds. No such distinctions,
however, seem to have existed after the recall of the
letters-patent of the London Company.^

> Divine and Martial Laws, p. ii. Force's Hist. Tracts, vol. iii.

2 Northampton County Records, Orders Dec. 20, 1643.

3 Instructions to Wyatt, 1621, Randolph MS., vol. iii., p. 161.

CHAPTER XVI
The Council: Officers and Place of Meeting

THE three principal officers of the Council were the
President, the Clerk, and the Messenger. The
person whose name was first mentioned in
the list of Councillors as entered in their general com-
mission or in the Instructions to the Governor, served
as President of the body. ^ As a rule, the member who
had sat at the board for the longest period enjoyed
the distinction of having his name appear at the head.
The clerkship was filled by some of the foremost men,
whether regarded from a social or political point of
view, residing in the Colony. ^ The office of messenger
carried much less dignity, but as the salary attached to
it amounted annually to twenty-five pounds sterling,
and its duties were light and took up but little time, for
they were chiefly those of an ordinary sergeant-at-arms,
it was of sufficient importance to induce citizens of pro-
minence to seek to be appointed to it. Whenever a
package had to be sent some distance, and expedition
was necessary, extra remuneration was bestowed on
the messenger; such a case occurred in 1698 when
documents from the English Government, received at
Jamestown, but really designed for the Governors of

> Colonial Entry Book, 1680-95, p. 311.
2 Minutes of Council, Dec. 12, 1698, B. T. Va., vol. liii.

387

SSS Political Condition

Maryland and New York, had to be forwarded with
unusual despatch. Colonel Chiles was allowed a special
reward of fifteen pounds sterling for performing this
service; and he probably also obtained an additional
sum sufficient to reimburse him for the expenses en-
tailed by the journey.^ At a meeting of the Council
held in October, 1698, warrants for as large an amount
as ninety-three pounds sterling were issued in payment
of the charges resulting from sending a number of
messages to different places. ^

During the Company's existence, the Council prob-
ably met in the Governor's official residence at James-
town as soon as that structure was completed. After
the Crown resumed the administration of the Colony's
affairs, the Council for some years continued to meet
in the Governor's house, whether it was his official or
his private home. That the need of a special building
in which the Council might convene grew more urgent
as time passed, is shown by the instruction given to
Berkeley when he first became Governor, to erect such
a house as soon as it was practicable to do so; but it
would appear that the English authorities had in
mind fitting accommodations for the Councillors rather
in their character as the General Court than in their
character as the Council of State. ^ There is no evi-
dence of any intention to provide a separate chamber
for their use as Councillors alone.

Not every session of the Council was held at James-
town. During Berkeley's long administration, it con-

> Minutes of Council, April 26, 1698, B. T. Va., vol. liii. In many-
cases of this kind special messengers were employed.

2 Ibid., Oct. 28, 1698, B. T. Va., vol. liii.

3 Colonial Entry Book, 1606-62, p. 228. The order was "to
build a house where the Covmcil might meet for the dispatching
of public affairs and hearing of causes."

The Council: Officers— Place of Meeting 3^9

vened not infrequently in his residence at Green Spring. ^
In the course of 1683, it seems to have met sometimes
at Green Spring, sometimes at Jamestown, and, on at
least one occasion, at Nomini. The majority of its
sessions, during 1685, were held in the large hall be-
longing to the home of William Sherwood at James-
town; and for privacy and dignity this was found to
be the most satisfactory place yet used for this purpose.
By the terms of an agreement which that distinguished
lawyer made with the House of Burgesses, he bound
himself to furnish this hall in the most comfortable
manner, and to supply light, heat, and attendance, in
return for twenty-five pounds sterling payable annually
out of the fund accumulated from the tax on Hquors.^
As the Governor and Council had consented to the con-
version of the porch chamber in the new State- House
into an office for the clerk of the Assembly on condition
that the hall in Sherwood's house was reserved for their
own use, it is probable that this porch chamber was the
room originally designed as a place of meeting for the
Council as well as for the General Court. On the sixth
of November, 1691, the former body convened at the
residence of the elder Nathaniel Bacon in York county ;
and one month later, at Tyndall's Point. There were
only five members present at each of these meetings.^
At this date, Lieut. -Governor Nicholson was filling the
office of Governor ; and as he was in the habit of visiting
from time to time the different parts of the Colony, it

> It was here that, on one occasion, the English Commissioners,
Morryson, Berry, and Jeffreys, found the Governor and Council
in session; see Colonial Entry Book, 1676-77, p. 83.

2 Minutes of Assembly, Oct. 8, 1685, Colonial Entry Book, 1682-
95. PP- 308, 309.

3 Minutes of Council, Nov. 6, Dec. 8, 1691, Colonial Entry Book
1680-95.

390 Political Condition

is probable that, during his administration, the Council
far more frequently than was usual came together at the
country homes of its principal members. In the clos-
ing years of the century, the regular place of meeting
was still Sherwood's residence at Jamestown; but if
there was any special reason why a session should be
held at any other place in the Colony, the Councillors
are still found assembling there at the Governor's
call; for instance, in 1700, when the trial of the pirates
captured in Lynnhaven Bay was arranged to come off
at Elizabeth City, the Council was ordered by Nicholson
to convene there, ^

• Minutes of Assembly, May 16, 1695, Colonial Entry Book,
1682-95; Nicholson's Letter dated May 28, 1700, B. T. Va., vol.
viii., Doct. 16.

CHAPTER XVII
Secretary of State: Incumbents of the Office

ONE of the most important of all the offices estab-
lished in the Colony during the Seventeenth
century was the Secretaryship of State. This
office, like that of the Councillor, could, in case it became
vacant, be filled temporarily by the Governor on his.
own responsibility, but it was necessary that his nomi-
nation should be reported to the King for approval. In
actual practice, all permanent appointments to the
position were made by the King on the special recom-
mendation of the Governor.^

The first person to occupy the Secretaryship was
William Strachey, who reached Virginia in 1610 in
company with Lord De la Warr.^ At this time, the
office was associated with that of Recorder. Strachey
belonged to a very ancient and honorable family, and
was a man of marked literary talent, as proven by
his interesting work descriptive of the conditions
prevailing in the Colony in these early years. He was
succeeded by the celebrated John Rolfe, who also com-
bined in himself the two offices of Secretary and

> B. T. Va., 1697, vol. vi., pp. 143-4. Though the Councillors and
Secretary were oflficers of a colony, they were generally referred
to as "Councillors of State" and "Secretary of State."

2 A Briefe Declaration, p. 74, Colonial Records of Virginia, State
Senate Doct. 1874, Extra.

391

392 Political Condition

Recorder. Pory, whose appointment occurred in 1618,
occupied the post of Secretary only, and was the first
man to perform exclusively the duties incident to the
reconstituted office from this time until the end of the
century.^ He had won the degree of Master-of-Arts
when a student at Caius College; had afterwards been
elected to a seat in Parliament; and was a man of
superior capacity and numerous accomplishments. 2
He was followed by Christopher Davison, the eldest son
of William Davison, a distinguished Secretary of State
during the reign of Elizabeth, a monarch who evinced
extraordinary discernment in selecting her public
servants. Davison remained in the position until
1624, the year when the Company's letters-patent were
recalled; he then seems to have been succeeded, at least
temporarily, by Edward Sharpless, who was compelled
to submit to an ignominious punishment for secretly
delivering to the English Commissioners, sent out to
investigate the affairs of the Colony, copies of valuable
papers, among which were communications that had
passed between the Governor, Council, and House of
Burgesses, on one side, and the Company, on the other.
For this offence, he was arrested, set in the pillory, and
condemned to lose both of his ears; but the latter part
of the sentence was modified to the slight clipping of
one ear alone. ^

In March, 162 5-6, William Claiborne, who was sprung
from a family of high distinction long identified with the
county of Westmoreland in England, and who, before

J "The first that was ever chosen and appointed by Commission
from the Council and Company in England under their hands and
seals" ; see Brown's First Republic, p. 291.

2 William and Mary College Quart., vol. x., pp. 167-9.

3 British Colonial Papers, vol. iii., No. 41.

Secretary of State : Incumbents of Office 393

the end of many years, was destined to play a conspicu-
ous part in resisting the demands and orders of the
authorities of Maryland, was appointed to the office of
Secretary.^ About ten years later, Richard Kemp,
of a family equally well known in Suffolk, England, is
found in possession of the same office, to which he had
been elevated on the special recommendation of the
Duke of Lenox and the Earl of Pembroke, a proof of
his enjoyment of very extensive social and political
influence in his native country. 2 In 1640, George
Reade, a nephew of Sir Francis Windebanke, one of the
English Secretaries of State, was nominated to the
post; and he continued to hold it until 1642, when
Kemp was, for the second time, installed. Kemp was a
man of a contentious nature, and like so many of his
contemporaries, of a greedy and grasping disposition.
Reference has already been made to his discreditable
connection with the outrageous sentence passed on
Rev. Mr. Panton. About 1638, Jerome Hawley , recently
appointed to the Treasurership of the Colony, declared
that, before his arrival at Jamestown, Kemp " had
gotten into his hand the despatch of all business, "
and so keenly did he resent Hawley's diversion to him-
self of the profits of the Treasurership, that he sought
to irritate him by claiming precedence over him as the
first Councillor in length of service, if not as Secretary
of State; and for some time refused to sign any order
which was to be signed also by Hawley, unless his
name was to be written first. Certain fees derived by
him from issuing public patents were declared by the
royal instructions to belong to the Treasurer; this

» Robinson Transcripts, p. 43 .

2 See letter of Kemp to Charles I., Sept., 1634, British Colonial
Papers, vol. viii., 1634-5, No. 31.

394 Political Condition

further increased Kemp's anger and animosity, and
made him more resolute to " keep a distance,"
as he expressed it, between that official and
himself.^

Richard Lee occupied the Secretaryship in the inter-
val between 1646 and 1652, and was succeeded by Wil-
liam Claiborne, who thus received the appointment for
the second time ; but as he had served as a Commissioner
of Parliament in 165 1, when the Colony had been forced
to submit to the English fleet, afid was very closely
identified with the local government during the Pro-
tectorate, he failed to obtain a new commission when the
Stuarts were restored to the throne. Thomas Ludwell,
always a loyal supporter of the royal cause, was pro-
moted to the place in March, 1 660-1, and continued to
hold the office, apparently without interruption, until
September, 1676, when he seems to have been re-
appointed, 2 but only filled the position for a short time,
as Daniel Parke soon became Secretary by the nomina-
tion of Governor Jeffreys. Parke was followed by
Philip Ludwell; and Ludwell by Nicholas Spencer.^
These three men were amongst the most conspicuous
citizens of Virginia, whether considered from the point
of view of influential family connections, large wealth,
or important public services. Spencer died in 1689,
and was succeeded by William Cole, who seems to have
combined with the office the collectorship of the Lower

> See Hawley's letter dated May 17, 1638, British Colonial Papers,
vol. ix., No. no.

2 Hening's Statutes, vol. ii., p. 39; Randolph MS., vol. iii., pp.
286, 356; Robinson Transcripts, p. 260.

3 Va. Maga. of Hist, and Biog., vol. ix., p. 187; Robinson Tran-
scripts, p. 267; Henrico County Minute Book, 1682-1701, p. 39,
Va. St. Libr.

Secretary of State : Incumbents of Office 395

District of James River. ^ After his resignation in 1692,
the Governor filled the vacancy by the temporary
appointment of Christopher Robinson, a citizen of
Middlesex county, who had settled in the Colony many
years before. 2 He died in the following year, and was
succeeded by Ralph Wormeley, a man of great experi-
ence in public affairs, and the possessor of a large and
valuable estate. When his health became precarious,
he was allowed the assistance of a deputy, an unusual
privilege, showing the high esteem in which he was
held. 3

It will be seen from this list of persons occupying
the office of Secretary of State, during the Seventeenth
century, that the incumbents were, without an ex-
ception, drawn from the circle of the most prominent
citizens of the Colony; that they were men in the
enjoyment of competent fortunes; that they belonged,
as a rule, to families of great social and political in-
fluence; and that they were distinguished for superior
talents and accomplishments, and generally for ripe
experience in the public service.

' B. T. Va. Entry Book, vol. xxxvi., p. 9; Orders of Council,
June 24, 1692, Colonial Entry Book, 1680-95.

2 B. T. Va., 1692, No. 107, p. 113; Colonial Entry Book, vol.
xxxvi., p. 204; Va. Maga. of Hist, and Biog., vol. vii., p. 17.

3 Edmund Jennings was appointed Deputy-Secretary in Septem-
ber, 1696; see B. T. Va. Entry Book, vol. xxxvi., p. 237; vol.
xxxvii., p. 12.

CHAPTER XVIII
Secretary of State : Powers and Remuneration

WHAT were the special powers exercised by the
Secretary of State, and what were the duties
which he performed ? During the early years
of the Colony's history, the principal work required of
him was to transcribe all the letters dispatched in the
name of the Governor and Council, whether they were
independent communications, or simply replies to com-
munications received.^ He was, in 1635, expressly
authorized by an Act of Assembly to sign commissions
and passports, and also discharges for ships, whenever
the Governor happened to be absent from Virginia ; and
under the same circumstances, he was to be held
responsible for the management of Indian affairs. ^

At the time of the first nomination, it was intended
that the Secretary should be the legal custodian of the
Colony's seal. But in 1640, William Claiborne drew
up a petition to the King, with apparently the General
Court's approval, in which he begged that a special
Keeper of the Seal should be appointed, as the present
arrangement for its use occasioned serious and constant

1 Instructions March 14, 1625-6, Robinson Transcripts, p. 43.

* Randolph MS., vol. iii., p. 225. There is an instance of a patent
granted by the Secretary in the Governor's absence; see Lower
Norfolk County Records, vol. 1651-56, p. 134.

396

Powers and Remuneration 397

inconvenience. This prayer seems to have been passed
on favorably, for Claiborne obtained the new place, and
was thus impowered to seal all patents, charters, grants,
and the like, which were to be finally enrolled in his
office after they had passed through the office of the
Secretary. All petitions, answers, and interrogations
were also to be filed with the Keeper, whilst in this
office there were to be drafted all subpoenas, and all
other writs that issued as out of Chancery.^

When this new office was proposed, it was declared
that there was no intention of curtailing the profits
or diminishing the duties incident to the Secretaryship.
The duties belonging to that office were now defined as
consisting of, first, transcribing all the letters dispatched
by the Governor and Council, whether they were in
the initiative, or merely in reply; secondly, drawing up
and recording all public documents, such as patents,
commissions, charters, freedoms, and extraordinary
warrants requiring the Governor's signature or the
stamp of the signet; thirdly, preparing the necessary
passports for persons desiring to leave Virginia, whether
for England, or the other Colonies; fourthly, making
copies of licenses to trade, to hunt wild hogs, and to go
aboard ships newly arrived ; fifthly, drawing up probates
of wills and administration papers, and recording wills,
inventories, accounts, judgments in common law,
orders of court, fines, licenses for marriages, and all
things relating to the process of the Prerogative Court ;
and, finally, drafting a full report of the proceedings of
the General Assembly. ^

If the office of Keeper of the Seal was ever established
in working order, it did not remain long in existence,

> Robinson Transcripts, p. 25.

2 Ibid.

39^ Political Condition

if for no other reason because it added sensibly to the
burden of pubHc taxation without being indispensable.
The use of the Colony's seal continued to be an impor-
tant part of the Secretary's work ; and this, as well as the
duties defined in the previous paragraph, were, for a
long period, his chief official occupation. Owing to the
smallness of the population and the simplicity of the
economic interests, but above all, to the constant and
urgent necessity for economy in the public expenditures,
there were combined in the hands of the Secretary a
variety of powers, which, in England, were distributed
among several offices held by different persons. At the
close of the century, these duties had not changed
materially from what they were in 1640, as laid down by
the General Assembly. The office continued to be in
the main one of record, and most of its tasks were
still wholly clerical. There were entered the proceed-
ings of the General, Admiralty and Ecclesiastical Courts;
the conveyances and letters-of-attomey drawn abroad
and sent to Virginia ; the surveys and lists of headrights
forming the ground of patents to the public domain;
the inquisitions taken in case of escheats and the grants
of such lands; the accounts of the different probates of
wills and administrations; certificates of births, mar-
riages, and burials occurring in all parts of the Col-
ony; certificates also of all fines and forfeitures; reports
of coroners; the returns by the sheriffs of the lists of
tithables; certificates of the admission and induction
of clergymen; the freedom of ships; appeals from the
county courts; and certificates of innkeepers' licenses
and the like. From this office issued all civil and mili-
tary commissions, all writs for choosing Burgesses, all
original and judicial writs relating to proceedings in the
General Court, all naturalization and denization papers,

Powers and Remuneration 399

and all passports granted to persons leaving the Colony.
From this office also full reports of the General
Assembly's proceedings, and copies of all new laws and
orders were dispatched to England.^

The greater part of the business transacted in the
office was transacted by a clerk, styled the Clerk of the
General Court, who had the assistance of a number
of under clerks. Theoretically, the Secretary him-
self was the chief clerk of the General Court, but in-
stead of occupying that position in actual practice,
he really sat on the bench as one of the judges. 2

During the Company's rule, five hundred acres of
land and twenty tenants for its cultivation, were as-
signed for the support of the office.^ About 1 620-1,
the number of these tenants had been so greatly
reduced by disease and other causes that it was found
necessary to grant to the Secretary the right to charge
fees until the deficiency could be made good by im-
porting other tenants.* An Act of Assembly passed
in 1 63 1 authorized the incumbent of the post at that
time to obtain a patent to six hundred acres of land
situated as near to Jamestown as the area of country
already taken up permitted. ^ A few years afterwards,
Kemp complained, with some bitterness, that, since he
had occupied the position, he had never enjoyed, as
his predecessors had done, the proceeds from the labor
of any agricultural servants attached to the office ; that
he had derived no benefit from the use or sale of any
cattle; and that his only remuneration consisted of

» Present State of Virginia, idgjS, Section viii.; Hening's
Statutes, vol. i., p. 551. See also Hening's Statutes, vol. ii., p. 512 ;
Colonial Entry Book, 1685-90, p. 30.

2 Culpeper's Report, 1681; see Campbell's History of Virginia,
P- 352.

J Randolph MS., vol. iii., p. i6i. ♦ Ibid., p. 167. ' Ibid., p. 216.

400 Political Condition

small parcels of tobacco dispersed up and down for a
distance of two hundred miles, and making necessary a
heavy expense to gather them in. What with charges
for cask, freight, and custom, he estimated that his
salary was reduced at least one half in its actual value. ^
At this time, the perquisites received by preceding
secretaries in the form of tenants who worked their
lands, and of cattle which supplied milk, butter, and
beef for sale or consumption by the Secretary's family,
had been entirely extinguished. Harvey attributed
this fact partly to mortality, partly to the neglect and
carelessness of the Secretaries themselves; he deemed it
only just that, in order to counterbalance this loss of
servants and cattle, Kemp should be paid a larger
salary than the previous Secretaries had been allowed;
and he, therefore, recommended that the annual
remuneration for his services should not be suffered
to fall short of twenty thousand pounds of tobacco. ^
As late as 1658, the Secretaries still held a remnant of
the lands assigned to their office by the Company ; but
it seems to have added but little to their income. In
the course of that year. Secretary Claiborne leased
fifty acres belonging to his ofSce situated in Northamp-
ton county, at a rate amounting to only one barrel of
corn a year.^

A fixed schedule of fees was, in 1642-3, arranged for
the Secretary's benefit. It was provided that he
could legally charge fifty pounds of tobacco for issuing
a patent, a freedom, a probate under seal, and a license
to trade; thirty pounds for issuing a passport or an

> British Colonial Papers, vol. iv., No. 85, I.
^ Ibid., No. 85, II.

3 Northampton County Records, vol. 1655-58 (last part of vol-
ume), p. 19.

Powers and Remuneration 401

execution; and fifteen for a common warrant and the
copy of an order. For recording any deed or paper,
he was entitled to six pounds of tobacco for every
ordinary sheet of handwriting which the document
contained.^

Henry Hartwell estimated the amount of the Secre-
tary's average income from year to year at a figure
ranging between four hundred and five hundred pounds
sterhng. This sum was derived from his regular fees,
and also from certain perquisites he was permitted by
law or the custom of the country to receive. ^ We
learn from the records of Lancaster county that, about
1 700, the profits of the office reached an annual total
of about one hundred and thirty-six thousand pounds of
tobacco, of which about twenty-seven thousand pounds
were derived from the public treasury, and about
seventy-three thousand from fees. About thirty-six
thousand represented the " salaries " paid by the county
clerks to the Secretary. ^

In the earlier half of the century, when the business
transacted in the office had not yet become very heavy,
the time appointed for the attendance of the Secretary
or his deputy covered the interval between eight and ten
in the morning, and two and four in the afternoon.
Sundays and holidays were, of course, excepted.*
It should not be forgotten that the Secretary served
also as a member of the Council, and was, therefore,
ex officio a member of the Upper House and of the

1 MS. Laws of Virginia, 1642-3, Clerk's Office, Portsmouth, Va.

2 B. T. Va., 1697, vol. vi., pp. 143-4.

3 Va. Maga. of Hist, and Biog., vol. viii., p. 184. "Salary" at
this time seems to have signified also "percentage." The 36,000
pounds of tobacco was most probably the amount paid the secretary
by the county clerks.

* Randolph MS., vol. iii., p. 225.

VOL. II — 26

402 Political Condition

General Court, the duties of which responsible positions
absorbed much of his attention when these bodies were
in session.

The apartment in which the records of the Secretary's
office were preserved changed several times under the
influence of the different vicissitudes marking the his-
tory of the most important public buildings situated at
Jamestown. An order of Assembly, in i673,impowered
the Secretary to occupy the garret belonging to the
eastern side of the State-House. ^ After the destruction
of Jamestown a few years later, the incumbent of the
office was permitted to remove the records in his
custody to his residence at Richneck. This was allowed
as a measure of safety and convenience. ^ When the
new State-House was completed in 1685, the room under
the apartment in which the General Assembly met was
granted to the Secretary as a place where to store all
the books and papers with whose keeping he was
charged. This room seems to have been divided from
the General Court chamber by a narrow partition.^

> Orders of Assembly, October, 1673, Colonial Entry Book,
vol. Ixxxvi.

2 Orders of Assembly, 1676-7, Colonial Entry Book, vol. Ixxxvi.

3 Minutes of Assembly, Oct. 8, 1685, Colonial Entry Book,
1682-95.

CHAPTER XIX
House of Burgesses : First Legislative Bodies

THE first body possessing a lawmaking power to
assemble in Virginia, and, therefore, in any of
the American Colonies of England, was composed
of the President and Council chosen in accord with the
provisions of the charter of 1606. The instructions for
the administration of the affairs oversea expressly
declared that this body should have the authority to
formulate " constitutions and ordinances " for " the
better order, government, and peace of the people " ;
but it was denied all right to adopt regulations touching
the loss of life or limb as punishment for any crime.
The various regulations to be framed by the President
and Council were required to conform strictly to the
general law of England; and they could at any time
be altered or annulled by the King, to whom they had
to be submitted for approval. ^ It would seem that, to a
certain extent, the President and Council performed
very much the same functions as the Governor and
Council discharged later on when they came to serve
as an Upper House or Senate. It was in this respect
at least as if they constituted a single chamber in which
acts of legislation originated and were passed on finally.

' Instructions, 1606, Brown's Genesis of the United States, vol. i.,
P- 73-

403

404 Political Condition

The legislative powers, or powers substantially legisla-
tive, granted to this Council, associated with the memo-
rable provision of the charter of 1606 guaranteeing to
the colonists all the rights of "native-bom English-
men," must, in no very remote future, have led to the
calling together of a General Assembly even if Virginia
had continued from the beginning to be subject directly
to the Crown, instead of being transferred, after 1609,
to the control of the London Company. That the
colonists at a very early date believed that such an
Assembly could be legally summoned under the
authority of this particular clause was shown by the
fact that the arrival of Captain Newport alone pre-
vented the meeting of such a popular body. It is
probable that the crying distress and want prevailing
at that hour in Jamestown had suggested to the minds
of the perplexed and despairing settlers, — led in this
instance by the Recorder, Gabriel Archer, — that an
assembly of delegates chosen by the universal voice
might be able to adopt some remedy for the frightful
evils of their situation. It was a natural hope to rise
in the breasts of Englishmen accustomed for so long a
time to popular discussion of all questions affecting
the interests of the community. ^

Even under the charter of 1609, by which Virginia
passed under the administration of a Company, the
Governor and Council enjoyed powers substantially
legislative in character. De la Warr, by the terms of
his commission, was authorized to rule the Colony by
such regulations as the Council and himself should
think fit to pass, provided that these regulations were
within the scope of the rights granted to the Company

' Wingfield's Discourse, p. Ixxxvi., Arber's edition of Captain
John Smith's Works.

First Legislative Bodies 405

itself in its letters-patent. ^ Such was the warrant for the
Divine Laws introduced by Lieut .-Governor Gates, and
for the Martial Laws introduced by Dale, as De la Warr's
representatives, during his absence from Virginia. 2
These distinguished men, were, no doubt, acting with
the Council's approval in adopting these remarkable
ordinances, which, therefore, were practically the re-
sult of the exercise of a legislative power more or less
distinctly lodged in the Governor and Council at a
time when this body was not as yet hampered in its
enactments by its association with a House of
Burgesses.

A somewhat similar power was possessed for a short
period by the leaders of the particular plantations,
hundreds, or colonies established by them in Virginia
in the interval between 16 18 and 1620. These men
were specially authorized by the quarter court of the
Company in London to associate with themselves
divers of the gravest and discreetest of their companions
" to make orders, ordinances, and constitutions for the
better ordering and directing of their servants and
business." It was provided in this instance, as in all
others, that the regulations should not be repugnant
to the laws of England.^

It was not until 1619 that the; first legislative assembly
of English-speaking people to convene in the Western
Hemisphere met at Jamestown; and from that year,
which was made forever memorable by this great event.

» Commission of De la Warr, Brown's Genesis of the United States,
vol. i., p. 379.

2 Dale's Martial Code contained the thirty-two Articles of War
which had been adopted for the regulation of the Army in the
Netherlands; Neill's Va. Co. of London, p. 75.

3 Abstracts of Proceedings of Va. Co. of London, vol. i., p. 39.

4o6 Political Condition

to the present day, there has been no discontinuance in
practice of the principle of popular representation
within the area of country covered by the modem
United States. The earliest of all the Assembhes was
composed of the Governor and Council sitting as a Senate
or Upper Chamber, and of a certain number of elected
delegates sitting as a House of Burgesses or Lower
Chamber. Of the two branches, the House of Burgesses
was the most powerful, the most distinctive, and there-
fore, the most interesting. This body was often and not
inappropriately spoken of as "the Assembly," as if
it constituted the very heart, brain, and soul of the
Colony's legislature, as in reality it did. It was also
very frequently designated, owing to its resemblance
to the Lower House of Parliament, as the " House of
Commons," a branch that represented most directly the
interests of the people at large. ^

Before enumerating and describing the powers of
the House of Burgesses, it will be appropriate to give
some account of the manner in which the members
were summoned, the basis of the right of suffrage, the
organization of the Chamber, and the like.

• Randolph MS., vol. ii., p. 286.

CHAPTER XX

House of Burgesses: Summons and Basis of

Suffrage

THE course followed in summoning the Burgesses
remained in practice almost precisely the same
throughout the Seventeenth century. The
power of convoking them was, as we have already seen,
vested in the Governor acting with the approval of the
Council.^ The formal summons always ran in the
Governor's name; and in case he neglected, purposely
or unintentionally, to sign the writs of election and to
order their dispatch, the Secretary was, during the
period of the Commonwealth, required to do both in his
stead; and if the Secretary also failed to perform the
duty, the sheriff of each county was authorized to call
the people together to cast their votes for delegates. 2
In 1676, when the Colony had fallen into a state of
great distraction, the proclamation summoning the
Assembly was signed by five members of the Council,
headed by the younger Nathaniel Bacon, a course
recommended to him by several of his trusted followers,
whose advice he had sought.^ When the affairs of

J See, for an instance of the exercise of this power, Robinson
Transcripts, p. 238.

2 Hening's Statutes, vol. i., p. 517.
» British Colonial Papers, vol. xxxvii., Doct. 42.

407

4o8 Political Condition

the community had again become settled, the former
custom was fully restored; the regular writ, bearing the
seal of the Colony, was again drawn in the name of
the Governor and signed by him ; it was issued from the
Secretary's office at least forty-one days before the day
for taking the vote arrived; and was addressed to the
different sheriffs. ^ These officers were, about the
middle of the century, required to give notice at least
six days previous to the day of election^ ; and it was the
Secretary's duty to see that the writs reached their
hands in time to allow this to be done. In order to
accomplish this with certainty, he was expected to act
with expedition, as a delay in forwarding the writs
might make it impossible for the sheriff's to spread the
announcement among the people before the appointed
day.^ For his trouble in sending out the writs, the
Secretary received one hogshead of tobacco from each
county entitled to join in the election.*

An Act of Assembly, passed in 1654-5, provided that,
ten days after a writ of election had been placed in the
hands of the sheriff', he was to publish it in the usual
manner, and then, in person or by deputy, proceed
from house to house for the purpose of informing every
person entitled to vote of the date of the proposed
election.^ At a later period, as soon as the writ was
delivered to this officer, he was required to send a copy
of it, with the designated day endorsed on the back, to
the minister of every parish situated in his county,
with the request that it should be read before the

< Beverley's History of Virginia, Section House of Burgesses.

2 Yicmng's Statutes, vol. i., pp. 299-300.

3 Ibid., vol. ii., pp. 22, 106.

< Ibid., vol. ii., p. 22; Randolph MS., vol. iii., p. 286.
5 Hening's Statutes, vol. i., p. 411.

Summons and Basis of Suffrage 409

congregation at least two Sundays in succession; and
when this had been done, a certificate of the fact, with
the copy of the writ, had to be returned to the sheriff.
Should the latter fail to send a copy to each minister,
he became liable to a fine of two thousand pounds of
tobacco. 1 At the end of the century, every sheriff was
authorized to employ a certain number of persons,
usually the constables, to give notice to each freeholder
residing in his county of the appointed time and place
of election. 2

Who was entitled to cast a vote ? There seems to be
no conclusive proof that the members of the first
Assembly, which met in 161 9, were chosen by the
suffrage of all the freemen residing in the Colony,
irrespective of whether or not they were owners of
property. The probability is that the right to vote
was in the beginning enjoyed by every male person of
the legal age who was neither a white servant nor a
black slave, for the only important change known to
have been made in the franchise previous to 1654-5
was one qualifying the privilege. In 1645, not only
did every freeman possess the right to vote, but also
" every freeman who was a covenanted servant." This
expression perhaps referred to men who had obtained
their freedom, and afterwards entered into second

» Hening's Statutes, vol. iii., p. 82.

2 Ibid., p. 172. "Upon ye Readinge and publication of the writ
for Burgesses, it is the judgment of the court that some of them-
selves with other part of the freeholders of the said county have
not had due notice of the time of election, and it being affirmed by
the sub-sheriff that there was a precept directed by the High
Sheriff to the constables of the said county as expeditiously as could
be after the writ came in his hands to give immediate notice to the
freeholders of the time for election of Burgesses, the defeat of which
the Sheriff is ordered to enquire into, and report to next court";
Northampton County Records, vol. 1689-98, p. 243.

4IO Political Condition

indentures; or what is more probable, it meant simply
men who were now free, but who had once been ser-
vants under covenant.^ So solicitous was the General
Assembly at this time that every freeman should cast
his vote that anyone failing to do so without proper
excuse was heavily fined. 2

In 1654-5, as already stated, the right to vote was
restricted to housekeepers, whether freeholders, lease-
holders, or ordinary tenants. Only one person in a
family was now entitled to the franchise.^ In the
course of the following year, this regulation was
abolished, on the ground that "it was hard and dis-
agreeable to reason that any person should pay equal
taxes, and yet have no vote." All freemen were, in
consequence of this change of view, again admitted
to the enjoyment of the suffrage.^ This law remained
in force until 1670, when it was repealed. Two reasons
were given for this action at the time : First, as long as
the only qualification for voting was to be a freeman,
a very large proportion of those possessing the right
were men who had served their time as agricultural
servants, and being without property, had no real stake
in the welfare of the country. It was found (so the
repealing Act stated) that these men were more dis-
posed to raise a tumultuous disturbance at elections
than to use the franchise with such judgment as to
assure the promotion to office of persons who would
preserve the peace and advance the prosperity of the
whole community. Secondly, in England (the laws
of which had to be followed in the Colony as far as

> Hening's Statutes, vol. i., p. 333.

2 Ibid.; vol. ii., p. 82.

3 Ibid., vol. i., p. 411.

4 Randolph MS., vol. iii., p. 266; Hening's Statutes, vol. i., p. 403.

Summons and Basis of Suffrage 411

possible), the suffrage was confined to those citizens
whose ownership of real and personal estate forced
them in practice to consult the best interests of their
parish, their shire, and their country in every vote
they cast. Under the influence of these two reasons,
the General Assembly restricted the suffrage to free-
holders and householders, as the persons who had to
bear the chief burden of taxation. ^

Upon their face, these two grounds for the adoption
of a qualified suffrage in the Colony appear to have
been sensible and judicious. In our own age, when
there is a decided tendency even in the freest lands to
narrow the circle of voters in each community to prop-
erty holders, the view to be taken of this colonial law
ought to be one that should at least show an intelligent
understanding, if not entire approval, of its spirit. It
is possible that the Assembly justified to some degree
their passage of such an Act by the assertion that,
among the freemen who had been agricultural servants,
a proportion, small it may be and exercising little
influence, had been sent over as convicts, and, therefore,
were not to be looked upon as desirable additions to the
citizenship. It is true that this personal element had
existed in the Colony from a very early date, but, by
1670, it may have become a more important factor in
elections owing to the introduction during previous
years of so many political prisoners, whose discon-
tented state of mind, no doubt, continued even after
they had acquired their freedom. There is, however,
every reason to think that such a justification for the
restriction of the suffrage was never advanced, as it
would have been wholly untenable, not only because

' Hening's Statutes, vol. ii., p. 280; Acts of Assembly, 1669-70,
Colonial Entry Book, vol. Ixxxvi.

412 Political Condition

the number of convicts among the freemen was too
insignificant to be seriously considered, but also be-
cause it would have been easy by a single clause in the
franchise law to shut out of the body of voters every
man who at any time had been sentenced for some
offence. The single regulation established by the
Assembly was that no one without property should
enjoy the franchise. If a man possessed property, he
was entitled to that right whether he had always been
a freeman or not, or whether or not his reputation was
devoid of the stain of a conviction for crime. Practi-
cally, the qualification does not seem to have been a
radical one; indeed it was far less onerous in Virginia
than in England, where it was so much more difficult
to acquire property, whether real or personal. In
Virginia, on the other hand, it was in the power of every
able-bodied man who had the least desire to improve
his condition, to become, if not the owner of a small
estate of his own in fee simple, then the renter of a small
tract of land from some large proprietor. The land-
owners were always willing to lease a part of the super-
abundant area of ground in their possession, and such
a leasehold title, by making the tenant a householder,
gave him the right to participate in the suffrage. It
may be taken for granted that all the emancipated ser-
vants who had a spark of energy in their composition,
an industrious spirit, and ambitious impulses, associ-
ated with the common-sense of the average individual,
made the most of the extraordinary opportunities which
the vast extent of unredeemed and idle soil, whether
already owned by some one, or belonging to the public
domain still unpatented, presented.

In the light of these opportunities, the General
Assembly's action in restricting the suff'rage appears

Summons and Basis of Suffrage 413

to have been neither unwise nor unjust. When the
same law was adopted many years before, it is probable
that the motives for its passage were the same ; and as
popular government in Virginia during the Seventeenth
century reached its highest development in the time of
the Commonwealth, these motives must have been
extremely powerful. And there is no reason to think
that they had grown less powerful by 1670, when the
same qualification was readopted. Unfortunately,
however, for the absolute sincerity of these motives,
the new law was passed by a body, and at a time,
which has not unnaturally exposed the measure to
grave suspicion. This body was the notorious Long
Assembly, an Assembly that deserved the condemna-
tion which its selfish and arbitrary proceedings have
received. Seven years earlier, when this Assembly
had just begun a term of office destined to cover half a
generation, and when it still reflected the sympathy
with the people at large imbibed in its recent election
by universal suffrage, its members had resented any
change in the franchise. In 1663, Berkeley proposed
that taxation should be imposed, not by the poll, but
by the acre. The Burgesses at once replied that, if
the taxes were to be levied on land-owners alone, then
they alone should possess the right of electing the mem-
bers of the House. " This," they declared, " the other
freemen, who are more in number, may repine to be
bound to those laws they have no representatives to
assent to the making of." "And," they added, "we
are so well acquainted with the temper of the people
that we have reason to believe they had rather pay
their tax than lose their privilege. " ^ Seven years later,

1 See Bancroft's History of the United States, vol. ii., p. 207,
quoting one of the General Court Records afterwards destroyed

414 Political Condition

after an uninterrupted enjoyment of power under the
influence of the great reaction in England, and of
Berkeley's personal example, the same body of men,
who had simply adjourned from session to session
without submitting themselves as a whole again to
the electorate, were far less in sympathy with the popu-
ular wishes, hopes, and feelings. In the course of these
seven years, they had passed Acts well calculated to
arouse the opposition and indignation of the people;
and in spirit and conduct seem to have gradually drifted
away from their former popular sympathies; indeed,
in consequence of Berkeley's unwarranted course in
merely proroguing them from year to year, they, in
time, grew to be practically indifferent to popular
approval, and practically independent of popular dis-
satisfaction. It was just at the moment when the
people's discontent had begun to rise perceptibly that
this self-perpetuating Assembly, for it was in reality
no more, reached the conclusion that the safety of the
community was endangered by a system of suffrage
which had prevailed with but one intermission since
1619; and that the very class of men having most
reason to be restive under the burden of its legislative
measures, was the very class which it ought to deprive
of the right to vote. It is possible that the Assembly
was justified in thus checking an unruly element; but
there is good reason to think that much of this ele-
ment's turbulence had been caused by the Assembly's
own conduct as a legislative body. It is difficult to
say how far this restriction of the suffrage contributed
to the subsequent insurrection, but there can be no

in the conflagration which occurred at Richmond, Va., in 1865,
when the Confederates evacuated the city.

Summons and Basis of Suffrage 415

doubt that it had an important influence in bringing
about that movement, which was such a brave protest
against abuses in so many different forms.

Naturally, the change in the suffrage received the
approval of the English Government. In the in-
structions given to Berkeley in November, 1676, he
was directed to see that an Act to restrict the right
to vote to freeholders alone was passed. The chief
reason given for this further limitation of the franchise
was that it would place the Colony in this respect on
the same footing as the Mother Country, to which it
was expected to conform as nearly as possible in all
its laws. 1 Almost at the very time that this command
was being formulated, the Reform Assembly was hold-
ing its sessions, and one of its first measures was to
restore the unqualified suffrage prevailing in Virginia
previous to 1670. All freemen, whether property-
holders or not, were again invested with the right to
vote. 2 This regulation, in spite of the instructions
from England already mentioned, remained in force
until 1684; the suffrage was then, for the third time in
the history of the Colony, restricted. After this,
several successive Governors received orders from the
Commissioners of Trade and Plantation to see that
freeholders alone enjoyed the franchise to the exclu-
sion even of mere householders ^ ; in 1699, this further

1 Colonial Entry Book, 1675-81, p. 112; Hening's Statutes, vol.
ii., p. 425. Blackstone, in stating the qualifications of the English
voter, declares that he must have an estate in lands and tenements
situated in the county where he voted; and that this estate must be
for life at least and return an income amounting certainly to forty
shillings; that he must be twenty-one years of age, at the youngest;
and that he must never have been convicted of any crime.

2 Bacon's Laws, 1676; Hening's Statutes, vol. ii., p. 356.

3 See Instructions to Howard by James II. and William and
Mary, Colonial Entry Book, 1685-90, pp. 38, 308.

4i6 Political Condition

qualification was finally adopted; but no single woman,
or minor, or popish recusant, whether owning a
freehold or not, was allowed to participate in an
election.^

> Hening's Statutes, vol. iii., p. 172.

CHAPTER XXI

House of Burgesses : Place and Manner of

Election

AT what place was the election held? It would
appear that, in 1633, the citizens assembled
at the sheriff's residence to cast their votes. ^
A law passed by the General Assembly a few years later
provided that no man should be compelled to leave his
own "plantation" in order to express his preference
for some one to serve in the House of Burgesses as his
county's representative. This regulation would seem
to signify that, at this early date, the sheriff or his
deputies visited the different estates on the appointed
day of election, and received the separate votes, a very
tedious method for those officers, but one highly con-
venient for the different citizens themselves. 2 About
six years after this plan was adopted, it was declared
that the election should be held wherever the county

> Accomac County Records, vol. 1632-40, p. 61, Va. St. Libr.

2 Randolph MS., vol. iii., p. 231. The sheriffs, it seems, had a
short time before "warned the inhabitants out of their plantations,
not only contrary to the privileges of the places, but to the great
inconvenience, charges, and dangers of the people inhabiting the
said places." The word "plantations" may have been designed
to mean "precincts" or "settlements," and not simply separate
estates. In other words, each settlement having its own voting
place, it was not necessary for the sherifif to visit each planter's
home to obtain his vote.

VOL. n- -27 417

4i8 Political Condition

court met, which might be in a permanent court-house,
or in a private residence, or even in a tavern. ^ This
regulation seems to have commended itself to popular
favor, owing chiefly to the fact that it was customary
for the people, at stated intervals, to assemble at the
county seat; in the first place, this spot, being centrally
situated, was easily reached; and in the second, the
claims of business as well as opportunities for diversion
drew a large crowd to every session of the county court.
The announcement that an election of Burgesses was
also to occur offered simply an additional reason why
the citizens should gather there. In 1660, the same
regulation was readopted, and again in 1670.2 An
order passed in Northampton county in 1677 stated
incidentally that the county seat had long been the
place appointed for the election of Burgesses^ ; and this
fact was again mentioned in the text of the franchise
law of 1699,* a proof that the reasons, which, as early
as 1645, had made the county seat the most convenient
place for such an election, as well as the most agreeable
from a social point of view, remained in force until the
close of the century.

In what manner was the Burgess chosen? It is
now impossible to find out whether in the first election
held in the Colony, that of 1619, the voter declared his
preference by ballot or by word of mouth. As the
method at this time of choosing officers in the quarter
courts of the London Company was generally by use of
the balloting box, it is quite probable that the same
method was followed in Virginia when the first popular

» Hening's Statutes, vol. i., pp. 299-300; vol. ii., p. 280.

2 Ibid., vol. ii., pp. 20, 280.

3 Northampton County Records, Orders Nov. 28, 1677.
* Yiemng's Statutes, vol. iii., p. 172.

Place and Manner of Election 419

election took place there. In 1642, the Burgesses of
Northampton county are stated to have been selected
by a "plurality of voices," an expression which would
seem to indicate, beyond doubt, the employment of the
viva voce method. ^ Only four years later, citizens
very frequently assumed the right to cast a vote through
the medium of a letter to the sheriff addressed to him at
the county seat, where it was to be publicly read and
counted; but the General Assembly finally pronounced
this course illegal because calculated to produce dis-
order by raising disputes as to the genuineness of the
signatures. That body thereupon adopted the regu-
lation that an election of Burgesses should only be
valid if made by a "plurality of voices"; and that no
" handwriting " should thenceforth be received as a
proof of a voter's preference. It is possible that the
word " handwriting " as appearing in this law referred
only to letters, but it seems most probable that the
General Assembly intended to make the viva voce
method of election the exclusive method to be followed
in the Colony. 2 As soon as the right to vote was sub-
jected to an important qualification (this, as we have
seen, occurred in 1654-5) the plan of expressing a choice
by " subscription " was adopted. The successful can-
didate was described as having secured the " major
part of the hands of the electors. "^ It is to be inferred
from this that the method followed was that of the
ballot, which consisted of the voter writing the name
of the person he preferred on a piece of paper and

• Northampton County Records, Orders, March 6, 1642. The
word "voices" may, in this entry, have been loosely used for
"votes" or "preferences"; but the probabilities are against this.

2 Hening's Statutes, vol. i., p. 333.

3 Ibid., vol. i., p. 411.

420 Political Condition

endorsing it with his own name. There is no reason to
think that this act was attended with great secrecy,
as in modem times.

The plan of the ballot commended itself so highly to
public favor that it was continued even after the
restoration of universal suffrage, which followed so
soon. In retaining this method, the General Assembly
spoke with disapproval of the " tumultuous way " ^
once prevailing, an additional proof that the expression
" plurality of voices " really meant the viva voce manner
of choosing Burgesses. Nevertheless, to this latter
method the Colony reverted before the close of the
century. 2 The plan of electing by plurality of voices
was then made subject under special circumstances to
a slight modification : if the election of a Burgess could
not be determined " on the view " in the case of a
disputed result, then the sheriff was, with the consent
of the voters present, required to appoint a certain
number of assistants, with instructions to take the poll
in writing; but before each person was permitted to
express his choice, he was compelled to swear that he
was a freeholder in the county or town where the
election was occurring. This election was to be de-
clared void if it could be proved that the successful
candidate had offered the voters bribes in the form of
money, food, or liquor.^

As soon as the election had taken place, and the name
of the successful candidate was announced, it was the
sheriff's duty to return that name to the Secretary's
office at Jamestown. This was done by writing the

' Acts of Assembly, 1655-6; Randolph MS., vol. iii., p. 266.
2 Beverley's History of Virginia, section relating to election of
Burgesses.

J Hening's Statutes, vol. iii., p. 172

Place and Manner of Election 421

name, or names, if there were more than one Burgess
chosen for the county, on the back of the original
writ, and forwarding the document with that endorse-
ment. ^ In 1654-5, the penalty for making a false
return was fixed at ten thousand pounds of tobacco;
and in 1699, at forty pounds sterling. 2 It was no bar
to election as a Burgess that the candidate was already
the incumbent of one civil position in the county; a
citizen could be at the same time a justice of the county
court, and a member of the Lower House; or he might
serve simultaneously as the sheriff and the representa-
tive of his county; but in the latter case, he was required
to appoint a deputy-sheriff to perform, during his own
absence at Jamestown, all the duties of the first office.-'
At one period, clergymen were forbidden to offer
themselves as candidates for the House^ ; but at a later
date, this prohibition seems to have been removed.
The English rule that the representatives of one county
might be selected from among the citizens of another
was followed in Virginia; for instance, Thomas Mathew,
who resided in Northumberland, was chosen as a
Burgess for Stafford about 1676; and a few years after-
wards. Colonel St. Leger Codd was elected at the same

1 Acts of Assembly, 1662, Colonial Entry Book, vol. Ixxxix.,
p. 19. The endorsement of the sheriff ran as follows: "By virtue
of this writ, I have caused to be legally summoned the freeholders
of my county to meet this day, being the . . . day of ... at the
courthouse of this county, being the usual place of election of
Burgesses, and have given them charge to make the election of
two of the most able and discreet persons of said county for their
Burgesses, who accordingly have elected and chosen A. B. and
C. D., Burgesses for said county for the next General Assembly."
Hening's Statutes, vol. iii., p. 172.

2 Ibid., vol. i., p. 411 ; vol. iii., p. 172.

3 Richmond County Records, Orders, Nov. 12, 1692.
* Hening's Statutes, vol. i., p. 378; Hawks, p. 60.

422 Political Condition

time a member for both Lancaster and Northumber-
land ; and ds he decided to sit in the House as the Bur-
gess for the latter county, a new writ had to be issued
for a second election in Lancaster. ^

1 Bacon's Rebellion, by T. M., p. 12; Force's Hist. Tracts, vol. i.;
Minutes of Assembly, 1680, Colonial Entry Book, vol. Ixxxvi.

CHAPTER XXII
House of Burgesses : Its Membership

THE members of the House of Burgesses belonged
to the circle of the foremost citizens of the
Colony. Although all ranks of freemen enjoyed
the franchise down to 1670, there is no indication that
this system of universal suffrage led to the frequent
election of representatives of an inferior standing from
a social point of view. At the end of the century,
when for thirty years the right to vote had been subject
to a qualification (a qualification, however, which had
not deprived the electorate entirely of its popular
character, owing to the facility with which landed
property was acquired at that time) , Robert Carter, in
accepting the Speakership of the House, declared that
this body consisted " of the better sort of gentlemen
from all parts of the country. " ^ And this was as true
of the early as it was of the later years in the history
of the century. In fact, the same condition prevailed
in Virginia as in the Mother County: — not only was
every prominent family represented from time to time
among the Burgesses, but there was a very general
sentiment that it was the becoming step for every young
man of promise and fortune, whether in possession or in
prospect, to enter the House almost as soon as he came

" Minutes of Assembly, May 2, 1699; B. T. Va., vol. lii.

423

424 Political Condition

of age in order that he might, while still young, acquire
some experience of public affairs. Perhaps, not a
single heir to a well-known name, high social position,
and large estate, who also was distinguished for marked
capacity, failed to present himself almost immediately
after he had passed his minority, to the voters of his
county as a candidate for this honor. The course
followed in this respect by the younger William Byrd
was that followed by all the young men of his social
class able to lay claim to anything approaching his
personal accomplishments and pecuniary advantages.
In 1696, not long after his return from England, where
his education had been receiving the finishing touches,
he was, through his father's influence, chosen a member
of the House of Burgesses; and only one year later, so
great was the impression made by his talents and per-
sonal charms, and in such high consideration was his
family name held, that he was sent by the Assembly
to London to deliver an important address into the
hands of the Board of Trade.

In Virginia, as in England, the large land-owner
carried so much weight that he found no difficulty in
securing the election of a son to the House, especially if
that son had shown that he possessed decided abilities ;
and this facility was the greater when the electorate
became restricted to persons owning a direct interest in
the soil, either as freeholders and housekeepers, as in
1670, or as freeholders alone, as in 1699. The broader
the plantation, and the more numerous the proprietor's
slaves and herds, the more extensive was the influence
exercised by him among voters belonging to his own
calling, and the more easily he obtained the advance-
ment of any person of his own blood aspiring to enter
public life. In a society like that prevailing at this

House of Burgesses : Its Membership 425

time, when differences in social rank were as marked as
though legally recognized, the voters of every county,
no doubt, regarded it as reflecting distinction on them-
selves to be represented by a member of the leading
family of the community; and if that member happened
to be in the first flush of youthful energy and ambition,
the interest in his election was all the more keen ; such
a young man was quite probably looked upon as
simply offering to perform political services which the
electorate had a right to expect of him on account of
the example set at the same age by his own father, and
perhaps by his grandfather also. And there was also,
perhaps, something of paternal concern in their attitude
towards him — the hope that he would prove equal
to the reputation of his name, and a certain indulgence
for his inexperience, and a certain pride in him should
he exhibit unmistakable ability.

In the uneventful life of the plantation, the opportu-
nity of going to Jamestown in the character of a Bur-
gess, no doubt, held out to youthful candidates alluring
prospects, not only of political distinction, but also of
social diversion, a combination sure to make success in
the election the more pleasing. There he would meet
all the first men of the Colony ; there form friendships
which would continue during the rest of his life ; there
pass many charming hours in social intercourse as well
as acquire a full knowledge of public aft'airs, and per-
haps win a high personal standing by showing industry
in committee, and talent in the debates on the floor.

But the membership of the House of Burgesses was
not confined to young men, nor even to men who had
always occupied a conspicuous social position in the
Colony. It was looked upon as a proper reward for a
successful career, however humble in the beginning

426 Political Condition

that career may have been. Throughout the century,
there sat in this Chamber a number of persons who had
started in Virginia as indentured servants, but who, by
foresight and prudent management after they became
freemen, had accumulated comfortable estates, and
won the highest respect of their neighbors. In the
Assembly of 1654, there seems to have been at least
three members whose first connection with the Colony
was in the character of agricultural laborers; but in
their case, as in that of so many others, this may have
meant that they had bound themselves out really as
agricultural apprentices to learn how to cultivate to-
bacco before investing money of their own in the pur-
chase of a plantation.^ It is quite probable, however,
that some of the Burgesses who had begun as agricul-
tural servants had begun as mere laborers dependent
upon their own efforts alone for their advancement;
and by superior intelligence, unremitting energy, and a
fixed determination, had, after the expiration of their
terms, raised themselves to a position in the community
entitling them to election to an office of so much influ-
ence and consideration. The great body of the member-
ship of the House, however, was composed of planters,
who had either inherited their property in the Colony,
or had come over from England with sufficient funds to
purchase an estate at once, or to acquire a patent by
introducing a certain number of new settlers.

What was the territorial basis of representation ? In
the first Assembly to convene, the members had been
chosen by boroughs, which embraced at least three

» This was apparently the course followed by Adam Thorough-
good and others. Among the members, in 1654, who had been
agricultural servants were Abram Wood, John Trussell, and William
Worlick; see Neill's Va. Carolorum, p. 279.

House of Burgesses : Its Membership 427

cities or corporations, namely James City, Charles
City, and the City of Henricus; three Hundreds, namely,
Smythe's, Martin's, and Fleur de Hundred; and five
plantations or settlements. ^ The local divisions en-
titled to Burgesses in 1629 included the "plantation at
the College," the "Necke of Land," "Shirley Hundred
Island," and "Henry Throgmorton's Plantation. "2
The shire system was introduced in 1634, and, from
this time, the Burgess represented the people residing
within the bounds of a shire instead of, as before,
representing the people residing within the bounds of a
somewhat vaguely defined settlement, or group of
plantations. As soon as the population of a shire or
county became so large that it was found necessary to
lay off its area into two parishes, not infrequently each
of these parishes was at once permitted to choose a
Burgess of its own; but in an instance of this kind, the
limits of the legislative district were as clearly deter-
mined as if the county as a whole had been allowed but
one member.-' One reason for granting to a parish the
right of electing its own representative apart from any
consideration of the number of its inhabitants, was that
its particular interests very often demanded a special
exponent in the House as a protection against serious
encroachment, or as a means of promoting some par-
ticular object.'*

As the number of Burgesses were ordered in a
measure by the number of inhabitants found in the
Colony, that number increased with the growth of

' Minutes of Assembly, 1619, p. 10, Colonial Records of Virginia,
State Senate Doct., Extra, 1874.

2 Hening's Statutes, vol. i., p. 138. At this time, the expression
in use for the local divisions was "limitts. "

3 Ibid. pp. 250, 277, 520; Randolph MS., vol. iii., p. 266.

4 Randolph MS., vol. iii., p. 266.

428 Political Condition

population. In 1619, there were twenty-two members
of the House; in 1629, before the formation of shires,
forty-six; in 1639, exclusive of the representatives of
James City county, twenty-seven, but together with
the representatives of that county, there were proba-
bly thirty-two. 1 At this time, Charles City, Warwick
River, and Isle of Wight were each entitled to four
members; Henrico, Charles River, and Upper Norfolk
each to three; and the remainder of the shires, omitting
James City, to two respectively. No general rules so
far seem to have been applied as a test for increasing
or diminishing the representation of a county; but, in
1639, it was provided that no county, however large
and populous, should send more than four members
to the House. Jamestown was not embraced in James
City county in the enforcement of this regulation. 2
In 1652, the membership, independently of Lancaster,
numbered thirty-five Burgesses. In this year, the rule
having been now changed, James City was represented
by six (which no doubt included the one elected by
Jamestown) , Northampton by five, and Isle of Wight
and Lower Norfolk by four respectively. With the
exception of Henrico, the remaining counties had
respectively two representatives. In the following
year, thirty-four Burgesses were in attendance.^

These slight variations would seem to show that the
reported number of members from session to session
about this time fell or rose in accord with the number

1 Minutes of Assembly, p. 10, Colonial Records of Virginia, State
Senate Doct., Extra, 1874; Kening's Statutes, vol. i., p. 138; Robin-
son Transcripts, p. 192. In 1645, James City was allowed six
members, five of whom represented the county and one the town ;
Hening s Statutes , vol. i., pp. 299-300.

2 Ibid., vol. i., pp. 299-300.

3 Randolph MS., vol. iii., p. 245.

House of Burgesses : Its Membership 429

actually present rather than with the number who had
a right to be. After the Restoration, there was a dis-
position to restrict the number of Burgesses in order to
diminish the heavy expense entailed by the Assembly.
During the existence of the Commonwealth, owing to
the almost supreme power of the House, the tendency
had been rather toward an increase; in 1660, however,
after Berkeley had been reinstated in the Governorship,
but before the period of reactionary extravagance had
had time to set in, a law was passed limiting the number
of representatives for each county to two. Jamestown
was still allowed to elect a Burgess of its own. As an
encouragement to promote the rapid extension of the
frontiers, every new group of plantations containing
a hundred tithables among its inhabitants was to be
permitted to send a representative to the House. ^

A large number of parishes had taken advantage of
the right granted them at an earlier date of electing
Burgesses of their own; and the charge of an Assembly
about 1662 was so much augmented by this fact that,
in the revised Acts of that year, sharp complaint was
made of the expense as one for which there was no real
necessity. 2 So great was this charge that the General
Assembly left it in each county's discretion to choose
one or two Burgesses to represent it in the House. This
provision evidently received the popular approval ; but,
in 1669, it was withdrawn, on the ground that it was
likely to occasion serious injury in case the single mem-
ber was engaged with committee duties, and, therefore,
unable to be present on the floor of the Assembly at a
moment probably when the debate involved some
question touching the welfare of his own county; or

> Hening's Stahdes, vol. ii., p. 20.

2 Colonial Entry Book, vol. Ixxxix., p. 34.

43° Political Condition

perhaps he was not in attendance on either committee
or House, owing to the urgent demands of a private
suit in the General Court; or it may be that he was
detained at home by sickness; or found it impossible
to represent satisfactorily the conflicting interests of
the two parishes into which his county had been
divided. 1 The counties apparently did not think that
the inconveniences thus caased justified them in choos-
ing two Burgesses with perfect regularity ; and some of
them even risked subjection to the fine of ten thousand
pounds of tobacco imposed by the House for every
instance of neglect to send up two members. ^ The
Long Assembly was now in session, and the electors
probably considered it to their real advantage to re-
frain from filling any vacancies which had occurred in
the ranks of the Burgesses; for it was only vacancies
that they were now called upon to fill at all, owing to
Berkeley's settled policy of retaining the existing House
indefinitely.

1 Hening's Statutes, vol. ii., p. 272; Colonial Entry Book, vol.
Ixxxix., p. 92.

2 In 1670, Henrico and Middlesex counties were both fined.
For fine, see Revised Acts, 1669-70, British Colonial Papers; also
Hening' s Statutes , vol. ii., p. 282.

CHAPTER XXIII
House of Burgesses : Frequency of Sessions

IN the formal regulations which Wyatt brought over
in 162 1, it was provided that the Governor should
call the Assembly together at first once a year.^
The first instructions given to Berkeley repeated this
injunction ; and he was also authorized to summon that
body even twice or thrice annually, should the needs of
the Colony make that step advisable. 2 In the protest
against the re-establishment of the London Company
drawn up about 1642, it was stated that the happy
condition of Virginia under the Crown's direct admin-
istration was most clearly shown by the "freedom of
yearly Assemblies," a privilege confirmed and recon-
firmed by the royal orders.^ During the Protectorate,
the rule was adopted that the House of Burgesses should
meet at least once every two years, and even oftener if
the public business seemed to require it* ; and this rule
was continued by the Assembly which, in 1659-60,
restored Berkeley to his old position as the Governor
of the Colony.^ Writing to the Council of Foreign

1 Hening's Statutes, vol. i., pp. 1 10-13.

2 Instructions to Berkeley, Va. Maga. of Hist, attd Biog., vol. ii.,
p. 282.

3 Randolph MS., vol. iii., p. 237.

* Hening's Statutes, vol. i., p. 517.
5 Ibid., p. 531.

431

432 Political Condition

Plantations in July, 1662, Berkeley declared that
Assemblies met once every twelve months, in accord
with the original instructions of Charles I, to " inquire
into the necessities and grievances of the country."^
It is possible that the General Assembly had, in the
short interval since 1660, changed the previous rule,
but it is more probable that the Governor himself had
simply taken advantage of his right to summon the
House as often as his own judgment recommended.

By 1662, that body had, by new elections, become
thoroughly in sympathy with the spirit of the English
Reaction. Only eight members of the Assembly of
1659-60 were also members of the Assembly of 1662;
and of these eight, only five succeeded in retaining their
seats after that date. The Assembly convening for
the first time in 1662 was prorogued from session to
session until it had sat for fourteen years without a
single dissolution; and but for the great commotion
culminating in the Insurrection of 1676, would prob-
ably have remained undissolved until Berkeley's death,
or at least until he had finally vacated the office of
Governor. The contemporary Parliament in London
sat for a period of eighteen years; and the Long
Assembly would have reached the same length of life,
perhaps have lasted even longer, but for the violent
circumstances which arose to shorten its existence.-
Berkeley looking across the ocean to England might
well have thought that he was doing only what was
proper in the eyes of the King's faithful subjects by
imitating the royal example in holding together indef-
initely a legislature of such proved loyalty ; but he was

' British Colonial Papers, vol. xvi., No. 78.

2 Hening's Statutes, vol. i., pp. 386-7, 526, 530; vol. ii., pp. 197,
250; Bancroft's History of the United States, pp. 197, 206.

Frequency of Sessions 433

to find, to his ultimate cost, that the remoteness of the
Virginian plantations had bred in the people a spirit
of impatience with abuses equal to that spirit which
had brought on the English Civil War; and that the
royalist reaction in the Colony had not gone so far as
to make every section of the citizens submissive to
official wrongs. There was a touch of true pathos in
the Declaration presented by the people of Stafford
county in 1677: — "We find ourselves very much
oppressed through these annual Assemblies, and do
humbly conceive that, were they triennial and new
elections, our burden might be lessened, and we al-
together furnished with good laws"^; and the same
complaint was re-echoed in the Declaration of the peo-
ple of James City county made in the course of the
same year. Having carefully considered all the protests
offered by the different counties, the English Com-
missioners, in 1677, recommended to the English
Government the adoption of a regulation requiring the
election of a new House of Burgesses at least once
every two years. ^

At the end of the century, Beverley asserted that
" there was no appointed time for the meeting of the
Assembly," but that "it was called together whenever
the exigencies of the country made it necessary, or the
King was pleased to order anything to be proposed by
them." 2 It does not follow from this statement of the
historian that the law prescribing that a new House
should be elected once in every two years was not in
force. He was perhaps referring merely to the date

1 Grievances of People of Stafford County, Winder Papers, vol.
ii., p. 236.

2 Winder Papers, vol. ii., p. 149.

3 Beverley's History of Virginia, p. 191.

VOL. II — 28

434 Political Condition

of its meeting, which rested now, as in the past, in the
Governor's discretion. It seems to have been the rule
during the closing decade of the century, as during the
greater part of that whole period, for the Assembly to
convene in February and March as months coming in
between two tobacco crops, when the demands upon the
planters' attention at home were the least pressing of
the twelve months, a fact allowing them to absent
themselves more conveniently at that season than at
any other.

CHAPTER XXIV
House of Burgesses : Remuneration

ONE of the few notable changes in English custom
observed in the Colony was to be found in the
fact that the members of the House of Burgesses,
unlike the members of the House of Commons, received
sufficient remuneration to meet their expenses. When
the Assembly was first established, and for many
decades following that event, there was but little
wealth, in the modem sense of the word, in Virginia.
In England, the members of Parliament were drawn,
not only from the highest social class, but also from
the richest; so it was in Virginia, too; but the richest
class in the Colony, especially in the earlier years of
its history, being as a mass comparatively poor, were
indisposed to undertake a costly public duty without
some pecuniary return for the actual outlay it made
necessary. So far as the surviving records show, there
is no indication whether or not the members of the
House convening in 1619 were recouped for their
expenses. Many years after this (in 1636), the in-
habitants of each county were strictly enjoined by
an Act of Assembly to defray all the charges incurred
by their Burgesses; from which it is to be inferred that,
during these early decades, the only aim was to reim-
burse the representative for what his office had com-

435

43^ Political Condition

pelled him to pay out of his own pocket, and not really
to reward him, as in the present era, for the performance
of legislative services.^ This view was reserved for
a later period, when it had come to be thought that
the Burgess deserved something more than a sum equal
to the amount of his actual expenses; although it is
probable that, in theory at least, he never received
a salary supposed to greatly exceed the cost of his
journey to and from Jamestown, and the cost of his
sojourn there while in attendance on the Assembly.
As each county was held responsible for the payment
of its own Burgesses' expenses, a fund to be devoted
to this purpose had to be periodically raised ; as a matter
of convenience, this was generally done at the time
of the ordinary levy; but occasionally, especially dur-
ing the earlier part of the century, it seems to have
been collected as a separate tax; for instance, in 1638,
the justices of Lower Norfolk required the sheriff
to obtain from every tithable in the county, or the
owner of such tithable, the sum of ten pounds of to-
bacco, for delivery to Capt. John Sibsey, and Robert
Hayes, the two citizens who had served as Burgesses
in the last Assembly. In March, 1639-40, the levy
for the same purpose amounted to twenty- three pounds
of tobacco per poll. In the following year, the two
Burgesses having presented a partial statement of
their expenses during the previous session of the
House, a levy of two pounds of tobacco per poll was
ordered to be laid with the object of recouping them
for their outlay. ^ It is evident from the variations
in the amount received by the Burgesses of Lower

> Robinson Transcripts, p. 228.

2 Lower Norfolk County Records, Orders Nov. 21, 1638; Orders
March 17, 1639-40, March 15, 1 640-1.

House of Burgesses : Remuneration 437

Norfolk during these three years that the idea in mak-
ing an assessment for their benefit was to reimburse
them for all the costs of performing the duties of their
office, but not to reward them for their services.

In the course of 1641, the justices of Accomac com-
pensated William Burdett and John Neale for their
" paines and care " by requiring every tithable person in
the county to perform half a day's labor in the fields
of these two Burgesses; and if unable for any reason
to do this, to pay them ten pounds of tobacco.^ A
few years later, it was specially provided by an Act
of Assembly that, in every case in which a member
of the House was compelled to take his servants to
Jamestown during a session of that body, the tithables
of the county were to join in working his crops for
a certain number of days, so that he should not suffer
from the enforced absence of his own laborers. ^ This
benefit was, no doubt, designed to be merely addi-
tional to the payment of his necessary expenses, but
it was one greatly valued in a community so purely
agricultural. 3

The bill of particulars presented by the Burgesses
of Lower Norfolk county in 1641 throws light on the
details of a representative's expenses at this time.
These expenses consisted, in the way of victual, of
four hogs, twenty pounds of butter, and two bushels
of peas; and in the way of liquor, of one hogshead of
beer and one case of strong spirits. In addition, there
was a claim for the wages of the cook who had dressed

> Accomac County Records, vol. 1640-5, p. 61, Va. St. Libr.

2 Hening's Statutes, vol. i., p. 267.

3 The records show that the right granted by the statute was
taken advantage of; see Northampton County Records, Orders
April 28, 1643.

43 8 Political Condition

their food. It is to be inferred from these several
entries that the two Burgesses had estabhshed them-
selves in their own lodgings at Jamestown. A claim
was also made for the hire of servants, employed
doubtless in rowing the Burgesses up James River,
or in managing their sloop in the course of the voyage.
The outlay on these different accounts was estimated
at a very large amount of tobacco.^

About six years later, the annual levy for the same
county embraced the particulars of the Burgesses'
charges at that time, which show little variation from
those of 1641. The principal charges were designed
to cover the cost of hiring a boat for the voyage to
Jamestown, and also of providing bread and meat for
the men engaged as rowers, as well as board and lodging
for the representatives themselves during the session
of the Assembly, and for the servant who was in their
daily employment. The general outlay for these
several purposes combined was calculated to be about
four thousand pounds of tobacco, which, rated at one
penny and a half a pound, brought the entire cost to
twenty-five pounds sterling, or five hundred dollars
in present values. In 1647, the expenditure for boat
and sloop and for the wages and maintenance of the
men in charge, and also for lodgings and provisions
at Jamestown for the Burgesses themselves and their
servant, was estimated at figures ranging between sixty-
three hundred and seven thousand pounds of tobacco,
or about thirty-seven pounds sterling, which then had
a purchasing power of seven hundred and fifty dollars. 2

These particulars recorded in Lower Norfolk repre-
sent the average charges borne on its Burgesses'

' Lower Norfolk County Records, Orders March 15, 1 640-1.
2 Ibid., vol. 1646-51, pp. 8, 55.

House of Burgesses : Remuneration 439

account, previous to the middle of the century, by
each county situated at the same distance from James-
town. The burden was far from a Hght one in these
early years when the volume of wealth was still small;
and it seems to have increased rather than diminished
from this time^; for instance, about the year 1659, the
county of Lancaster was required to pay in settlement
of the expenses of Colonel John Carter and Peter
Montague, the Burgesses representing its people at
that date, a sum closely approximating ten thousand
pounds of tobacco, and equal to at least one thousand
dollars in purchasing value. 2 This was probably the
average expenditure then imposed in all the counties
so remotely situated from the Colony's capital as those
of the Northern Neck.

At the session of the Assembly held in 16 60-1, a
definite sum seems to have been, for the first time,
granted to the Burgess, which was designated as his
wages or salary. By the Act then passed, it was
provided that each member of the House should,
while in attendance, receive one hundred and fifty
pounds of tobacco a day, and, in addition, be paid
such an amount as would cover all his expenses in
going to and coming from Jamestown. The reason
given for remunerating each representative with an
exact sum was that the bills of particulars hitherto
presented to the counties by their Burgesses, with a

« So great was the charge that the General Assembly sometime
previous to 1657-8 sought to get rid of it entirely by appropriating
for the Burgesses' expenses the fund collected by the imposition
of a tax of two shillings on each hogshead exported. In 1657-8,
the continuation of this regulation was found impracticable, and
the burden was again assumed, certainly for that year, by the coun-
ties; see Hening's Statutes, vol. i., p. 493.

2 Lancaster County Records, vol. 1656-66, p. 60.

440 Political Condition

view to an allowance in the public levy, had, in some
instances, caused very great criticism on account of
the apparent extravagance of the items, and that so
many persons were thereby induced to offer themselves
as candidates with the promise of filling the position
with far less expense to the taxpayers, that the office
of Burgess was now in great danger of becoming
mercenary and contemptible. ^

Thus was established a system of remuneration for
Burgesses which was never afterwards altered. Carried
out in an honest spirit, that system, even in these early
times, was the proper one, but unfortunately it opened
the door to serious abuses. So long as the Burgess'
expenditures were presented to the county court
periodically for consideration, there was always an
opportunity of correcting any error or extravagance.
On the other hand, when the precedent had been set
of paying the representative a fixed sum, it was in the
power of any greedy and self-seeking Assembly to
increase that amount at any time they pleased; and
even when they did not have the boldness to do this
permanently, they were able to vote specific sums for
their own benefit. ^

In the meanwhile, the extra expenses to be provided
for by the county on its Burgess' account remained as
great as ever. In 1665, when the Long Assembly was
entering upon its notorious career, it enacted that
all debts which that officer ran into in the public service
should be paid by the county he represented.^ This

« Hening's Statutes, vol. ii., p. 23.

2 It was stated in the Grievances of Surry County presented in
1677 that the Long Assembly had given "several gentlemen large
sums of tobacco which raised the levy to an excessive height";
see Winder Papers, vol. ii., p. 160.

3 Robinson Transcripts, p. 250.

House of Burgesses : Remuneration 441

measure was designed to extend even to expenses
which, at this day, seem to have been incurred by a
member with the idea merely of maintaining his
personal dignity; for instance, in 1673, it was formally
declared that each county must meet all the costs
entailed upon its Burgess in taking two horses with
him to Jamestown, one for his own use, the other for
the use of his servant. ^ If there were two represen-
tatives, the expenditure was doubled by the presence
of four horses to be provided for. The levy for Lancas-
ter county in December, 1673, shows how heavy was
the burden of these extra charges : — in addition to the
regular salary of one hundred and fifty pounds of
tobacco a day received by its Burgess during the session
of the Assembly for that year, he was allowed
seven hundred and twenty-five pounds for his atten-
dant, at the rate of twenty-five pounds a day; eight
hundred pounds for his two horses during the
journey to and from Jamestown; and eight hundred
and seventy pounds during the time they were
quartered there. These several expenses reached
a total of twenty-five hundred pounds of tobacco,
nearly one half of the fixed amount granted a member
for his services. The entire sum represented an outlay
to the county of two hundred and thirty-four pounds
of tobacco a day during the session of this Assembly,
a charge equal at the lowest to twenty-five dollars a
day as calculated in modem values. 2 The session of
1673 lasted twenty-nine days, which was probably
below the average length at this time. From the bur-
den imposed on this one county alone, it can be seen
how powerful an influence the excessive charges for

• Hening's Statutes, vol. ii., p. 307.

2 Lancaster County Records, Levy Dec. 10, 1673.

442 Political Condition

Burgesses (embracing their salaries as well as certain
of their ordinary expenses) exercised in precipitating
the Insurrection of 1676. In this single year, Lancas-
ter was probably called on to pay not less than twelve
thousand pounds of tobacco on account of its two
Burgesses. The charges in Lower Norfolk for 1673
amounted to nine thousand, five hundred and fifty
pounds; and in 1674, to ten thousand, seven hundred. ^
There is no reason to think that the average expendi-
ture fell below this in the other counties.

In theory, the fixed salary was still gauged by the
actual expenses which the Burgess was compelled
to incur on his own account during his stay at James-
town. These appear to have been extraordinarily
high. The English Commissioners, Morryson, Berry,
and Jeffreys, declared in a letter dated February,
1676-7, that one of the excuses offered for the high
salaries of the Burgesses previous to the Insurrection
was the exorbitant charge made by the innkeepers
at Jamestown for all kinds of liquors, a course which
they were probably tempted to pursue by the fact
that the members of the General Court and of the
House, together with the visitors in attendance during
the sessions of those bodies, formed the great bulk
of their customers. The Commissioners urged that the
Assembly should insist that the prices prevailing at
the inns should be materially lowered, as that would
be the first step towards the reduction of the amount
then granted to each Burgess for actual services. 2
This recommendation seems to have made the desired
impression, for, not very long afterwards, the Burgess'
salary was cut down to one hundred and twenty

' Lower Norfolk County Levies, Nov. 22, 1673, Oct. 22, 1674.
2 Colonial Entry Book, 1766-7, p. no.

House of Burgesses: Remuneration 443

pounds of tobacco a day, a curtailment of thirty
pounds. Payment, however, was to begin two days
before the House assembled, and was to continue
two days after it had adjourned. The preamble
of this Act admits that the former allowance had occa-
sioned very serious complaint. A special sum was now
granted in addition to defray the charges of the journey
to and from Jamestown. In the case of the represen-
tatives from the Eastern Shore, this amounted to
sixty pounds of tobacco a day, as it was necessary for
them to hire a sloop and to engage at least two men
to sail it. When a Burgess was from a county situated
on one of the great rivers, he was allowed thirty-six
pounds a day to meet the cost of a boat, whilst the
members who came on horseback were to receive only
ten pounds for the same length of time. This Act
seems to have continued in force until the end of the
century ^

In spite of the general change for the better which
this law introduced, the costs imposed on each county
on account of its representatives in the House remained
a serious public burden. In Middlesex, for instance,
the levies for 1677 show that its citizens were com-
pelled in that year alone, owing to the Assembly
having met twice in the course of twelve months, to
raise for the payment of the salaries and expenses of
their two Burgesses the sum of twenty-five thousand
pounds of tobacco. 2 In 1679, Col. William Byrd and
his associate received seventy-five hundred pounds for
their attendance at the last session of the House; in

> Hening's Statutes, vol. ii., p. 398; Present State of Virginia,
i6gy-8, section vi.; Colonial Entry Book, Acts of 1676-7; see also
vol. 1676-81, p. 163; Winder Papers, vol. ii., p. 149.

2 Middlesex County Records, vol. 1673-80, folio p. 84.

444 Political Condition

1680, Byrd separately received this large amount.
Four years later, William Randolph, who was now
filling the same office, was, by the same county court,
allowed fifty- three hundred pounds, and John Farrar,
fifty-five hundred, whilst, in the following year, Ran-
dolph was allowed about sixty-one hundred pounds.
These sums were used for the payment, not only of
the two Burgesses' salaries, but also of all the expenses
they had incurred for boats and rowers, and also for
ferryage for their horses, and pasturage for them at
Jamestown. 1 In Northumberland, in 1684, Peter
Pressley was the recipient of twelve thousand pounds
of tobacco, and Colonel Peter Knight of eleven thou-
sand; in 1688, the total charge in this county for each
Burgess came to sixty- three hundred pounds; in 169 1,
to ninety-nine hundred; and in 1697, to five thousand.
In all these cases, the variations in the annual amounts
disbursed were attributable to differences in the
length of the several sessions of the Assembly. 2 In
Elizabeth City county, in 1693, Capt. Anthony Armi-
stead received for his services and expenses as a member
of the House, the sum of sixty- two hundred pounds
of. tobacco^; in Essex, in 1692, Henry Awbrey and

' Henrico County Records, Levies, Dec. 23, 1679, Oct. 20, 16S0;
also vol. 1677-92, orig. pp. 288, 340. The following entries in
Henrico County Levy for 1 694 shows the number of men employed
in the Burgesses' journeys to Jamestown by boat:

"To William Arrington for 8 Dayes rowing down the Burgesses
in winter 86 lbs. of tobacco. To John Adkins for 6 days p. ditto
sixty-five pounds. To Edmund Tylman for 8 days p. ditto eighty-
six pounds. To Thomas Howel for seven days p. ditto seventy-five
pounds of tobacco. To Philip Pursell 12 days p. ditto one hundred
and twenty-nine pounds of tobacco. " Henrico County Records, vol.
1688-97, P- 523, Va. St. Libr.

2 See Northumberland County Records, Levies beginning Sept.
17, 1684.

' EHzabeth City County Records, Orders Dec. 5, 1693.

House of Burgesses : Remuneration 445

William Colston received respectively eight thousand
pounds; and in 1695, each of the two Burgesses, fifty-
one hundred.^ In 1693, when Lancaster was repre-
sented by three members, the assessment for their
benefit in the regular levy amounted in the aggregate
for salaries alone to fifteen thousand, four hundred,
and eighty pounds of tobacco; and in addition, they
were paid two thousand pounds for the expenses of
their servants, about thirteen hundred for ferryage
fees, and twenty-one hundred for the maintenance
of their horses. The total charge imposed on the
county was estimated at twenty-one thousand pounds
of tobacco, which at a low rate of valuation for that
commodity signified an outlay of twenty-five hundred
dollars in modem figures. 2

Nor did these payments for salary and expenses
complete the advantages incidental to the office of
Burgess; he enjoyed certain special privileges which
added materially to the benefits he received from the
position. As early as 1623, it was provided that
every member of the House should, during the progress
of the session, be exempt from arrest at the instance
of a creditor ; and this right was to come into operation
at least seven days before the Assembly convened,
and was to last at least a week after it had adjourned.
The object of this regulation was to afford the represen-
tative assurance of perfect freedom in going to and
returning from Jamestown. If a creditor attempted
to stop his passage, it worked an immediate forfeiture
of the debt; and the sheriff, who, by the creditor's
order, had served the warrant, rendered himself
liable to punishment. The Burgess' first duty was to

' Essex County Records, Orders Nov. 12, 1692, Nov. 11, 1695.
2 Lancaster County Records, Levy Dec. 14, 1693.

446 Political Condition

perform the public service expected of him, and who-
ever for any cause whatever made it impossible for
him to do this, inflicted an injury on the public welfare
deemed intolerable. This law, which had its origin
in practical expediency, was re-enacted in 163 1.^

It was declared, about twelve years later, to be
illegal for any member of the House to be arrested in
the interval between the date of his election and the
end of the first ten days following the dissolution of the
Assembly. The privileged period was thus very much
extended. It is to be observed that the word "disso-
lution" is used in this Act, from which it is to be in-
ferred that, in all those cases in which the House was
simply prorogued, a not infrequent event, the exemp-
tion from arrest continued even during the time the
members were at home. This conclusion is confirmed
by the action of the Burgesses in 1659-60 in adopting
a resolution that they would not claim the privilege
during the "adjournment of the present session,"
but after the termination of the usual ten days would
submit to any judgment or execution against their
estates, provided that no attempt was made to inter-
fere with their personal freedom. 2 :

In 1662, when the Long Assembly was as yet in its
infancy, this law was again enacted, and its scope was
extended to the servants of the Burgesses also. There
was a further modification in the terms of the original
Act by the new provision that, if the period of adjourn-
ment was to be prolonged beyond a month, the right'of
exemption from arrest was to be suspended between
sessions as soon as thirty days had passed since the

' Acts of 1623, Hening's Statutes, vol. i., p. 125; Randolph MS.,
vol. iii., p. 218.

2 Hening's Stattdes, vol. i., pp. 263, 444, 550.

House of Burgesses : Remuneration 447

last session had come to an end. Should a suit in-
stituted against a Burgess in this interval be successful,
then execution against his estate could not be pressed
during the ten days preceding the meeting of the next
Assembly, or during the session itself, or during the
first ten days immediately following its termination. ^
This law was in operation in 1676; and an incident
occurring in that year showed that it could not be
violated with impunity. While Nathaniel Bacon,
accompanied by forty persons, was making the voyage
down James River in order to take his seat in the house,
he was arrested by Captain Thomas Gardiner, of the
Adam and Eve, acting under instructions received from
Governor Berkeley himself, and the young tribune
and his whole band of supporters were brought to
Jamestown as close prisoners. Bacon was promptly
released, and for this violation of his privilege as a
Burgess, as well as for injuries done his sloop and its
contents, Gardiner was compelled to pay a fine of
se\enty pounds sterling, equivalent in purchasing
power to about fifteen hundred dollars at the present
day; and he was also forced to submit to the humili-
ation of offering in public a full apology for the out-
rage on the fiery young leader, a requirement which
must have cut Berkeley to the quick as the person
really responsible for the arrest. ^

A characteristic instance of the Burgess' right to
claim exemption from all legal process within a certain
interval of time occurred in Westmoreland in 1699: —
in the course of this year, the sheriff of that county
issued an attachment against two negro children, the
property of Gawin Corbin, a member of the House,

« Revised Laws, 1662, Colonial Entry Book, vol. Ixxxix., p. 34.
2 Colonial Entry Book, vol. Ixxx., No. 519, II.

448 Political Condition

which seems to have been in session at the time; this
was promptly pronounced by that body to be a breach
of privilege; and a special messenger was dispatched
to the justices of the county to inform them of the
House's resolution to that effect. Not satisfied with
this declaration, the Assembly instructed the messenger
to arrest the sheriff for his illegal act; and should he
decline to pay a fine of three pounds sterling, to escort
him to Jamestown to answer to the Assembly itself.^
The Burgess was invested with so much sacredness
that it was considered to be as serious an offence to
speak of him disrespectfully or scandalously as of the
Governor or the members of the Council, "You are
one of our Burgesses with a pox," Thomas Fowlkes
remarked angrily and sneeringly to Hugh Yeo, a repre-
sentative from Accomac county in 1666; and then
added : ' ' You go to Jamestown, and sett there, and sayes
nothing, and comes back like a foole." These words were
declared to be highly derogatory to the general repu-
tation of Yeo as a member of the House, and Fowlkes
had to suffer in consequence. 2 An insult offered to
the Assembly as a whole was resented with even
greater bitterness. Edward Prescott was, in 1660,
summarily committed to prison for such an offence.^
When Giles Bland, in his rage over Philip Ludwell's
failure to keep an appointment to fight a duel with
him, nailed his glove, by way of defiance, to the door
of the Assembly's hall, Ludwell being a Burgess at
this time, that body considered his conduct such a
flagrant outrage on their dignity that they fined him
one hundred pounds sterling; and, in addition, required

« Minutes of Assembly, May 23, 1699, B. T. Va., vol. Hi.
2 Accomac County Records, vol. 1666-70, folio p. 13.
' Hening's Statutes, vol. ii., p. 15.

House of Burgesses : Remuneration 449

him to make his submission before them, which, we are
told, he did with a proud and haughty air.^ In 1693,
Thomas Rooke, for speaking abusively of the same
body, and even more opprobriously of Mr. Kemp, one
of its members, was sentenced to acknowledge the
heinousness of his offence on his knees in the Assembly
chamber, and in that humiliating attitude to beg the
Assembly's pardon as well as that of Mr. Kemp ; and
at the conclusion of this performance, he was delivered
into the custody of the messenger, who received orders
to detain him until the House saw fit to release him. 2

' British Colonial Papers, vol. xxxvii., p. 46.
2 Minutes of Assembly, Nov. 2, 1693, Colonial Entry Book,
1682-95.

VOL. II-

CHAPTER XXV
House of Burgesses : Place of Meeting

DURING the whole course of the Seventeenth
century, the sessions of the General Assembly,
unlike the terms of the General Court, seem to
have been held at or near Jamestown. There is no rec-
ord of the members of that body having, during that
interval, convened elsewhere except on a single occasion ;
indeed, even if there had been any strong reason for
their doing so, it would have been found practically
impossible owing to the entire absence of accommoda-
tion in the way of inns and private lodgings for so
considerable a number of men as from year to year
formed the House of Burgesses.

At what place in Jamestown did the Assembly hold
its regular meetings? The first representative body
to convene in the Colony met in the choir of the church.
This building, as already stated, was sixty feet in
length and twenty-four in width, and was lighted
by numerous windows. As the wood used in its in-
terior consisted of cedar, p pungent but very sweet
and pleasant odor must have constantly pervaded
it. In the time of De la Warr, and, no doubt, after-
wards, it was kept adorned in summer with clusters
of flowers, and in winter with branches of the indige-
nous evergreens. It was probably the most spacious

4So

House of Burgesses : Place of Meeting 451

structure to be found in Virginia in 16 19, and it seems
altogether appropriate that the first popular legislative
body recorded in American history should have held
its session under a roof consecrated by so many pious
associations and cherished memories. The reasons
which, in the beginning, induced the Burgesses to come
together in this edifice probably operated for some
years in influencing subsequent Assemblies to meet
in whatever building served the same sacred purpose;
after this, it is probable that the Burgesses for a time
convened in the Governor's residence, or in one of the
other houses belonging to him, or even in the principal
tavern, as at a later date.^

It was not until the winter of 1636-7 that the subject
of a separate State-House appears to have been brought
forward with any practical definiteness. The English
Government, in the instructions which they gave
Harvey at that time, directed him to see that steps
were taken by the General Assembly to. build such a
capitol, long so urgently needed. Under the influence
of this injunction, a special tax of two pounds of to-
bacco per poll was imposed throughout the Colony.
Writing in April, 1638, Secretary Kemp mentions the
fact that George Menefie had been chosen to accom-
pany to England the tobacco thus procured, in order,
with the proceeds, to obtain the workmen required
to construct the projected building. 2 The amount of
that commodity secured by the first measure does

' Mr. Tyler, in his valuable and interesting work entitled The
Cradle of the Republic, suggests that the Assembly during a part
of Harvey's administration held its sessions in one of the houses
belonging to him situated on the island.

2 The tax was designed partly also, as already stated, to provide
a fund for building a fort at Point Comfort; see British Colonial
Papers, vol. ix., No. 97.

452 Political Condition

not seem to have been sufficient, for, in the winter
of 1639-40, a second Act to the same effect was passed.^
This second levy apparently afforded all the funds
demanded for the purpose, for Harvey, writing to the
Commissioners of Plantations the same month, declared
that the building of the State-House would now be
"performed with all diligence. "2 Grants and leases
relating to lands situated in the island indicate that
the Assembly was in occupation of a State-House of
its own sometime previous to 1643.^ This structure
consisted in reality of three distinct houses joined
together, all of which were built of brick, w^ith an
individual extension of forty feet in length and twenty
in breadth.* The one used as a State- House stood in
the middle of the group. About 1656, the structure
having been rendered untenable by a conflagration,
the Assembly was compelled to rent an apartment
in the residence of a private citizen, for the use of which
thirty-five hundred pounds of tobacco was annually
appropriated. 5

A second State-House was acquired by purchase, but
in its turn was destroyed by fire. The Assembly was
now more averse than ever to the use of private resi-
dences in holding its sessions. The rent asked was
considered to be so exorbitant that it was openly

» Hening's Statutes, vol. i., p. 226.

2 British Colonial Papers, vol. x., No. 5.

3 See Tyler's Cradle of the Republic, p. 115. Mr. S. H. Yonge
shows, apparently conclusively, that the first State-House was one
of the triple buildings purchased from Harvey, in April, 1641; see
Va. Maga. of Hist, and Biog., vol. xii., pp. 46, 48. This building
had no doubt been purchased with the tobacco designed at first
for the erection of a new State-House.

* Va. Maga. of Hist, and Biog., vol. viii., pp. 389, 408.
' Hening's Statutes, vol. ii., p. 12; Tyler's Cradle of the Republic,
p. 115.

House of Burgesses ; Place of Meeting 453

declared that, in two or three years, the charges would
equal the cost of erecting a State-House. Moreover, the
place of meeting was almost always a tavern, and the
Assembly felt that it was unbecoming that the laws
of the Colony should be adopted under a roof of so
little dignity.^ Influenced by these two objections, —
the one practical, the other sentimental, — the Burgesses
in October, 1660, requested Berkeley to draw up a
plan for the construction of a State-House; and they
agreed to reimburse him in full for all the expenditures
which he might make in carrying through the work.
In obedience to this injunction, Berkeley proceeded to
impress ten men of the "ordinary sort of people" to
erect the proposed building, but this must soon have
been concluded to be impossible with such untrained
mechanics, not to speak of the great pecuniary burden
which their wages and maintenance were certain to
impose on the taxpayers of the Colony. 2

The following winter, the Assembly "taking into
consideration the great charge brought yearly on the
country by the want of a State-House for the Quarter
Courts and Grand Assembly," decided to secure the
building of the structure by a "free and charitable
subscription" as much less onerous than a public
levy. The Governor and the members of the Council
and of the House entered their names at the head of
the list in order to set an example of public generosity
for the people at large; and the justices of the county
courts and the. vestries of the different parishes were
instructed to lay the matter before the inhabitants
of the country situated within their jurisdictions, and

» See Orders of Assembly, March 23, 1661, Colonial Entry Book,
vol. Ixxxvi. For burning of second State-House, see Va. Maga.
of Hist, and Biog., vol. xii., p. 52.

2 Hening's Statutes, vol. ii., p. 13.

454 Political Condition

to urge a liberal response in support of so laudable a
scheme. 1 It is not probable that this appeal proved
very encouraging, but nevertheless the General Assem-
bly again authorized Berkeley to undertake the build-
ing of the proposed State-House. The Burgesses must
have thought that sufficient funds were now to be
obtained by public taxation, for they directed that
thirty thousand pounds of tobacco should be raised
at the next levy for this purpose, and that whatever
more should be needed to complete the building should
be appropriated when the second general levy was
laid. 2

This order resulted in nothing at the time, for, in
the course of September, 1663, it was asserted that the
country was still at a very heavy charge in renting
apartments in private residences and taverns for the
use of the General Court and the General Assembly.
Again the latter body took steps to erect a State-House,
the first of which was, for the third time, to appoint
a committee to make the proper arrangements with
Berkeley, chosen now as before to superintend the
work.3 The General Assembly was thoroughly in
earnest, and, by 1666, the State-House had made
sufficient progress to accommodate the members of
that body, the General Court, and the Governor and
Council, when they held their regular sessions.^ This
structure was still standing when the Insurrection of

' Hening's Statutes, vol. ii., p. 38.

2 Orders of Assembly, March, 1661, Colonial Entry Book, vol.
Ixxxvi.

3 Randolph MS., vol. iii., pp. 286, 287.

4 An Act of Assembly dated Nov. 9, 1666, refers incidentally to
the "House going down to wait on the Governor's Honor." The
Assembly met on the upper floor; the Governor and Council in
a room below.

House of Burgesses : Place of Meeting 455

1676 broke out; and it was into its windows that Bacon,
on a memorable occasion, threatened to shoot. It
was finally burned down in the great conflagration
which occurred when he abandoned the town just
before retiring to Gloucester county to die.

In the winter of the following year, the General
Assembly was compelled to hold its sittings at Green
Spring, as there was no house standing in Jamestown
itself in which its members might meet.^ It was
probably at this session that the Burgesses, overcome
by discouragement over the town's complete oblitera-
tion, passed a resolution in favor of establishing the
capital, and of building the new State-House, at
Tyndall's Point, as the spot combining the greatest
number of advantages for the country at large. 2 Be-
fore the end of the same year, the General Assembly
had convened at the Middle Plantation,^ which the
people of York county had petitioned that body to
adopt for its permanent place of meeting; it is quite
probable that the Burgesses had consented to come
together there, at least once, in order to find out whether
it offered enough to justify such a step. Left to their
own judgment, they would have abandoned James-
town as long open to serious objection on account of
the insalubrity of its air, but the English Commissioners,
Morryson, Berry, and Jeffreys, were strongly opposed to
such a course, and on their earnest recommendation,
supported by the English Government's, the General
Assembly in the end determined to restore the ancient
capital and to rebuild the State-House there. In

» Henrico County Records, vol. 1677-92, orig. p. 117; Winder
Papers, vol. ii., p. 90; Colonial Entry Book, 1675-81, p. 151.

2 Hening's Statutes, vol. ii., p. 405.

^ Ibid., p. 421; Henrico County Records, vol. 1677-92, orig.
P- 35-

45^ Political Condition

April, 1677, the sittings were resumed at Jamestown,
and once more the Burgesses found themselves under
the necessity of meeting in a tavern. ^ Seven years
afterwards, they had secured, for their own occupation,
the ground floor of Mrs. Ann Macon's residence, whilst
the floor overhead was divided off into the clerk's
office, chambers for the several comm'ttees, and
apartments for the Council and General Court; prac-
tically, the entire space of the house seems to have
been engaged; and in return for granting it for these
public uses, Mrs. Macon was paid annually the sum
of twelve thousand pounds of tobacco. 2

A contract was drawn up in 1684 for the erection
of the new State-House, and the parties to it were, on
the one side, the Governor and the Speaker, acting
for the General Assembly, and on the other, Philip
Ludwell, acting for himself. Its provisions were
submitted on May 2 2d to the House, and by that
body approved.^ The next question to arise was as
to how the fund needed to meet the cost of the build-
ing should be procured; and it seems to have been
obtained, at least in part, by an import tax on liquors *
By October 8th of the following year, the structure
had made such progress towards completion that the

1 Tyler's Cradle of the Republic, p. 52.

2 Minutes of Assembly, May 15, 1684, Colonial Entry Book,
1682-95.

3 Ibid., May 22, 1684, Colonial Entry Book, 1682-95, P- -°9-
* Colonial Entry Book, 1682-95, P- 298; see discussion of a bill

to tax liquors recorded in 1684, Colonial Entry Book, 1682-98,
p. 176. The State-House seems to have been known popularly
as the "General Court-House. " Nicholson wrote of the "unlucky
accident of ye General-Court House being burned down, in which
building were several offices and House of Burgesses also sat. "
This was in 1698-9; see letter dated Feb. 4, 1698-9, B. T. Va., vol.
vi.

House of Burgesses : Place of Meeting 457

Burgesses requested the Governor to assign the cham-
ber over the porch to their clerk for use as an office,
a purpose which it would serve most conveniently,
since the apartment was situated next to the one
reserved for themselves. The corresponding room in
the former State-House had been occupied by the
Secretary, and this fact had caused certain incon-
veniences thought to be injurious to the public welfare;
for instance, not only did the Secretary's assistants
catch every word spoken in the Assembly Hall, but
strangers, under pretence of business, crowded into
the Secretary's office, in order really to listen to
the Burgesses' debates.^ Information thus obtained
was spread far and wide through the different
counties.

In 1 69 1, the Assembly convened at Green Spring,
apparently because the State-House was too much out
of repair to allow a meeting to be held conveniently
within its walls. 2 Two years later, the Governor and
Council, with great earnestness, urged the restoration
of the building to its former perfect condition, but
quite probably little was done, and in 1698, it was
entirely destroyed by fire, the fourth State-House to
perish in this manner since the foundation of the Colony.
As it was suspected at the time that the structure had
been reduced to ashes by the torch of an incendiary,
a committee was appointed to make a careful investi-
gation; but when its report was submitted to the
Attorney-General, that officer decided that the proof

' Colonial Entry Book, 1682-95, P- 3°7- On October 5, Auditor
Bacon was ordered to pay Ludwell ;i£4oo in consideration of the
rebuilding of the State-House. A bond was taken for its comple-
tion; see Colonial Entry Book, 1682-95, P- 29S.

2 Northumberland County Records, Orders Aug. 20, 1691.

458 Political Condition

was insufficient to convict the man who was charged
with the crime.'

The first act of the Burgesses now, as after the de-
struction of the preceding State-House, was to pass
a resolution in favor of the capital's removal from
Jamestown; and the advisability of this course was
again based on the ground that a more healthy site
was desirable. Andros, who was then Governor, had
promptly announced the disaster to the English au-
thorities, and in doing so had declared that the building
could not be replaced for a sum less than two thousand
pounds sterling, an estimate seemingly excessive in
the light of the purchasing power of this amount of
money at that time.^

As soon as the first General Assembly to meet after
the conflagration had occurred came together, the
question of building a new State-House was taken up
with great earnestness. The earliest point discussed
was as to the character of the tax which should be
imposed in order to secure the fund required; and it
was decided on May 8, 1699, that each white servant
imported into the Colony should, for this purpose, be
made, on his arrival, subject to a duty of fifteen shil-
lings, and each slave to a duty of twenty. Servants of
English birth, however, were after debate excepted from
the burden of this heavy charge; and the Act itself
was to cease to operate at the end of three years. ■^
Ten days afterwards, the House adopted a resolution
favorable to the selection of the Middle Plantation

> Minutes of Council, Oct. 20, 1698, B. T. Va., vol. liii. These
minutes mention the fact that the State-House was burned down
on that day. The man accused was Arthur Jarvis.

2 B. T. Va., 1698, vol. vi., p. 413.

3 Hening's Statutes, vol. iii., p. 193; Minutes of Assembly, May
8, 1699, B. T. Va., vol. Iii.

House of Burgesses : Place of Meeting 459

as the site of the future capital; and within twelve
hours, the Governor and Council, sitting as the Upper
House, had given their assent. It was, no doubt,
in some measure, due to Nicholson's influence that
Middle Plantation was chosen, as he was anxious to
advance the new College's welfare by making that
place the scene of the General Assembly's annual
meeting, and thus the centre of the Colony's political
and social as well as intellectual interests. The
Governor indeed declared that the value to the insti-
tution of the Assembly's presence would be equal to
a gift of two thousand pounds sterling. ^

The next step was to adopt a plan for the projected
State-House. The first draft seems to have been
drawn by the Council, and on May 23d, it was sub-
mitted at a conference of the two committees repre-
senting respectively the Upper and Lower Chamber.
On the same day, the plat agreed upon at this con-
ference was laid before the Burgesses^; who. three days
later, accepted it finally. The site for the building
had already been chosen by the two Houses. The
specifications of the building itself called for a founda-
tion constructed of brick partitions having a thickness
of four bricks as far as the surface of the ground; and
from thence, as far as the water table, the walls, still
of brick, were to maintain a uniform thickness of three
and a half. From the water table to the top of the
first story, the thickness was not to exceed three bricks ;
while from the top of the first story to the top of the
second, not to exceed two and a half. There were to
be really two buildings standing parallel to each other,

' Minutes of Assembly, May i8, 1699, B. T. Va., vol. Hi.; see
Nicholson's address to the House May 18, 1699, Minutes of Council,
B. T. Va., vol. Hi.

2 Minutes of Assembly, May 23, 1699, B. T. Va., vol. Hi.

460 Political Condition

but connected by a gallery of the same height resting
upon pilasters and constructed also of brick, with
corresponding degrees of thickness throughout. This
gallery was to be crowned with a cupola. The roofs
of the two main buildings, which were to be covered
with cypress shingles, were to be hipped, and their
sloping surface was to be broken by dormer windows.
One of these two buildings was to be reserved for the
use of the Council and the General Court; the other
for the use of the House of Burgesses; and the offices
to be attached to each of these bodies were to be
situated next to its own chamber.

The committee entrusted with the revisal of the
laws was authorized to enter into the necessary con-
tracts for the erection of the buildings, and to make
whatever other provision should be required for
completing the undertaking. They were impowered,
for instance, to procure from England iron work,
glass, paint, and the like, all unobtainable at this
time in Virginia. To prevent a temporary lack of
funds from impeding the progress of construction, the
Treasurer was ordered to pay all bills which should
be presented during the interval to precede the next
meeting of the Assembly; conditional, however, upon
their total amount not exceeding fifteen hundred
pounds sterling; and each bill also had to be first ap-
proved by the committee, and the warrant directing
payment signed by the Governor.

The Act authorizing the erection of a new capitol
passed the House of Burgesses on the sixth day of
June, 1699. Nicholson soon issued his proclamation
announcing the time and place when and where the
committee having charge of the whole undertaking
would hold its first meeting; the interval between the

House of Burgesses : Place of Meeting 461

sixth and ninth of September was designated as the
time, and Jamestown as the place; and every member
of the committee was ordered to be present to receive
and consider any proposition which might be made
looking to the construction of the buildings. With
a view to spreading far and wide information as to the
committee's willingness to entertain bids, the procla-
mation was publicly read at every church, chapel-of-
ease, court-house, and other public place situated in
the Colony. 1

So confident were the authorities of the early com-
pletion of the new capitol, that, on October 24th, the
Attorney-General received instructions from the Gov-
ernor and Council to prepare a proclamation which
should announce that, after May 10, 1700, the sessions
of the Assembly and the terms of the General Court
would be held in the City of Williamsburg. 2

> For these various details see B. T. Va., vol. viii., Doct. 54;
Minutes of House of Burgesses, May 25, 1699, B. T. Va., vol. Hi.;
ibid., June 6, 1699, B. T. Va., vol. Hi.

2 Minutes of Council, Oct. 24, 1699, B. T. Va., vol. lii.

CHAPTER XXVI

House of Burgesses — Hour of Meeting and

Attendance

WHETHER they met in the morning or at night,
the Burgesses assembled at the tap of the
drum. In the pubHc levy for 1682, the tith-
ables of James City county were 'assessed for the benefit
of Robert Wilson, who had acted in the capacity of
drummer to the House for a period of two years and a
half,^ At a later date, Edward Ross, the gunner em-
ployed in the fort at Jamestown, was rewarded for
the like service by the payment to him of twenty-two
pounds sterling ; and he was then discharged from further
duty.2 In 163 1, the Upper and Lower House, before
meeting in their respective chambers, attended in a
body prayers, which were, no doubt, held in the church ;
this occurred at the third beating of the drum, an inci-
dent that marked the end of the first hour following
sunrise. 2 Sometimes, the Burgesses convened as early
as half past five in the morning; but the usual hour
for assembling ranged from seven to eight o'clock.*
It should be remembered that the members of the House

» Colonial Entry Book, 1682-95, p. 80.
2 Ibid., 1680-95, P- 379-
» Randolph MS., vol. iii., p. 217.

* Minutes of House of Burgesses, Apri-l 17, 18, May 21, 1691,
B. T. Va., No. 28.

462

House of Burgesses : Attendance 463

belonged exclusively to the planting class, who were
in the habit of breakfasting not long after dawn so as
to be able to superintend in person the agricultural
operations of their estates before the heat of the day-
had fully set in. Nor were there any extraordinary
amusements in the social life of Jamestown which are
likely to have kept the Burgesses out of their beds
for many hours after the sun had gone down, and thus
led to late rising next morning. Not infrequently,
however, when public affairs were pressing, or the
members were anxious to return to their own homes
to look after a crop of tobacco recently planted, a
meeting of the House would take place after dark by
candle light; and these sittings very often were pro-
longed until a late hour.

A mace and sword formed a part of the parapher-
nalia of the House. The King himself, in 1678,
presented the Burgesses with such emblems of Parlia-
mentary state and dignity. ^ These "ornaments and
• utensils" as they were designated, were, during the
intervals of adjournment, in the charge of a special
custodian; Joseph Copeland was, in 1688, entrusted
with this duty, an indication that he enjoyed a repu-
tation for extraordinary carefulness, since there were
probably no articles of value belonging to the public
regarded as more sacred than the mace and sword. 2
During the hours the House was sitting, these emblems
of authority always rested on the table in front of the
Speaker.

The daily proceedings of the House began with
prayer; and for this spiritual service, a chaplain,

1 British Colonial Papers, vol. xlii., No. 152; Colonial Entry Book,
1676-81, p. 263.

' Minutes of Assembly, Colonial Entry Book, 1682-95, P- 602.

464 Political Condition

nominated by the Speaker and approved by the
Governor, was permanently employed. ^ The invo-
cation was followed by the roll call. The House was
very strict in requiring the attendance of all its members
at the opening of the session. An Act passed in 1659-
60 provided that a Burgess who failed to be present
on the day appointed by the writ for the House's
assembling should be fined three hundred pounds of
tobacco for every twenty-four hours' absence, unless
he could offer an acceptable excuse for his apparent
delinquency. 2 This regulation seems to have been
repeatedly renewed. One of the principal reasons
for its adoption was that the election of a Speaker
might be delayed if the absent members, when the
session began, were numerous; or a Speaker might
be chosen who would not really represent the prefer-
ence of a majority of the House, an act certain to
arouse much ill-feeling, to the detriment of the public
business.^ At the first sitting, it was customary for
the letters addressed to the Speaker in explanation
of the writers' absence to be read and approved or
rejected.* Sometimes, the explanation given was re-
garded as aggravating the offence. In 1691, James
Bray, the Burgess elected by James City, neglected to
attend at the opening of the session, and so unbecoming
did the House consider his excuse to be, that they
instructed the Speaker to issue a warrant for the de-
linquent's arrest; and he seems to have been detained
in the sheriff's custody until he offered a hearty apology

> Rev. Cope Doyley filled the office in 1696; see Minutes of House
of Burgesses, Sept. 30, 1696, B. T. Va., vol. lii.
' Hening's Statutes, vol. i., p. 532.
3 Ibid., vol. ii., p. 107; Colonial Entry Book, vol. Ixxxix., p.

34-

* Calendar of Va. State Papers, p. 52 et seq.

House of Burgesses : Attendance 465

for his conduct. When Bray did attend a sitting, he
was prevented by scruples of conscience from taking
the new oath prescribed by Parhament, and was there-
fore disabled from serving. ^

Equal strictness was shown by the House in enforcing
the attendance of its different members from day to
day. One of the first regulations touching this point,
adopted as early as 1631, imposed a fine of two shil-
lings and sixpence for every failure to be present at a
sitting. 2 Thirty years afterwards, the penalty was,
under special circumstances, increased to one hogshead
of tobacco, an evidence of the importance attached to
the performance of the Burgess' duties. This high
penalty would seem excessive but for the fact that it
could only be imposed on Monday, for it was really
designed to discourage members from leaving town
over Sunday, with the intention of returning in time
for the beginning of the next week's sittings; it was
probably anticipated, that the Burgesses absenting
themselves even for this short period might be un-
avoidably prevented by the weather or some accident
from appearing at the Monday meeting.^

Any Burgess venturing to go to his home during
the session, without first obtaining the House's consent,
was looked upon as guilty of an act of contempt.
When the Assembly reconvened in May, 1684, it was
found that five of its principal members, namely.
Major Henry Whiting, of Gloucester county, Abraham
Weekes and Richard Perrott, of Middlesex, Captain

' Minutes of House of Burgesses, May 12, 1691, B. T. Va., No.
28.

2 Randolph MS., vol. iii., p. 217.

3 Acts of Assembly, 1663, Randolph MS., vol. iii., p. 287. It is
probable that on Saturday, which was a half holiday, as in England,
the Assembly did not sit.

VOL. 11 30

466 Political Condition

David Fox, of Lancaster, and Major Charles Scar-
borough, of Accomac, were not present to respond at
the roll call; and it was shown that they had taken
their departure without first securing the necessary
license. A resolution was promptly adopted requiring
the sheriffs of these counties to collect from each of
these Burgesses, for the commission of so grave an
offence, a fine of one thousand pounds of tobacco.^
Mr. Taylor and Mr. Goodrich, having absented them-
selves without permission for the purpose of revisiting
their estates, the messenger of the House received orders
to inform them that they would not be allowed to
take their seats again without first applying to the
House for admittance; and they were only restored
after they had submitted an apologetic petition. 2 So
rigidly conscientious was the House in enforcing its
members' attendance, that it disclaimed possession of
the right to relieve a Burgess of the duty of being
present at its sittings even when his constituents had
formally requested that this privilege should be granted
to him. The House justified this position by asserting
that such a Burgess had only been authorized to take
his seat after a "legal and deliberate examination of his
returns"; and when that seat had been once taken,
it could not be vacated by the House's action unless
the occupant had been found guilty of some heinous
offence; in which event, it would be necessary to re-
place him by the election of another Burgess. The
question immediately involved at the time this an-

1 Minutes of Assembly, May 24, 1684, Colonial Entry Book,
1682-95, p. 216.

2 Minutes of House of Burgesses, Oct. 10, 1696, B. T. Va., vol.
Hi. A similar petition signed by nine members will be found
in the Minutes for April 29, 1695; see Colonial Entry Book,
1682-95.

House of Burgesses : Attendance 467

nouncement was made, was as to whether a county
had a right to reduce its representation by obtaining
the Assembly's consent to dismiss one of the county's
members. 1

1 Acts of Assembly, Oct. 29, 1666, Randolph MS., vol. iii., p. 296.
The county of Isle of Wight had petitioned the House to dismiss
one of the county's three members, which practically would have
reduced its representation to two. This was desired because it
would curtail the county's expenses on its Burgesses' account one
third.

CHAPTER XXVII
House of Burgesses: Its Officers

THE most important of all the offices connected with
the House was the Speakership. By whom and
in what manner was the incumbent of this office
chosen? When the first General Assembly convened
in 1619, the Governor and Council occupied seats in
the same apartment as the Burgesses; practically, the
two Houses, on this occasion, constituted one body,
although after prayer the Burgesses retired into the
middle part of the church, where they were called to
order, and took the oaths of allegiance and supremacy.^
It is probable that their Speaker was chosen imme-
^ diately after these oaths had been subscribed to; in
which event, it is not likely that the Governor and
Council had any voice in his nomination. As soon as
the Upper House ceased to sit in the same room as the
House of Burgesses, — which seems to have occurred
at an early date, — there is no reason to think that the
Governor and Council, as the Upper Chamber, partici-
pated even indirectly in the Speaker's election, except
possibly during the period of the Commonwealth. 2

» Minutes of Assembly, 1619, p. 11, Colonial Record of Virginia,
State Senate Doct., Extra, 1874.

2 "Ordered that Lieut. -Col. Fletcher etc. attend the Governor and
Council and request of them their reasons wherefore they cannot
join with us, the Burgesses, in the business of the Assembly about

468

House of Burgesses : Its Officers 469

It was the Burgesses' custom to assemble, and then,
in a body, to wait on the Governor in order to request
his permission to choose a Speaker ; they then returned
to their own chamber and elected that officer ; and very
soon afterwards a committee was nominated to inform
the Governor of the fact, and also of the Burgesses'
readiness to wait on him again with their new Speaker
at their head. As a rule, the Governor in reply sent
them word that he would receive them at whatever
hour would harmonize with their convenience; and at
the hour appointed, the Burgesses would make their
appearance, and their Speaker's election would be
formally approved. So soon as this part of the cere-
mony was completed, that officer would, in the House's
name, beg for the reconfirmation of all the privileges
enjoyed by previous Assemblies; and to this the Gover-
nor would graciously assent. When Robert Carter,
of Lancaster county, was chosen Speaker in 1699,
and in that character presented to Nicholson, he de-
clared that, in making the usual prayer, he was giving
voice to the wishes, not only of the Burgesses them-
selves, but also of the whole commonalty of Virginia.
The most important privileges enumerated by Carter

the election of Lieut. -Colonel Walter Chiles for Speaker of this
Assembly, Lieut. -Colonel Chiles having by plurality of votes been
chosen Speaker of the Assembly"; Acts of 1653, Randolph MS., vol.
iii., p. 247. Governor Bennett, however, expressly disclaimed any
intention to encroach on the Assembly's right to choose a speaker.
The following was the Burgess' oath in 1652: "You and every of
you shall swear on the Holy Evangelists and in the sight of God
to deliver your opinions faithfully and honestly according to your
best understanding and conscience for the general good and pros-
perity of this country, and every particular member thereof, and
do your utmost endeavor to prosecute that, without mingling with
it any particular interest of any person or persons whatsoever";
Randolph MS., vol. iii., p. 245.

470 Political Condition

in his address on this occasion were free access to the
Governor's presence in order to offer a petition or to
express complaints, liberty of debate on the floor of
the House, and exemption from arrest for the members
and their body servants during a specified interval. ^
It happened at times that the Burgesses found some
difficulty in electing a Speaker. In 1699, there was
a delay of several days in making a choice. Nicholson,
becoming impatient, dispatched a message to the
members that they must not leave their chamber
until they had selected their presiding officer, as every
hour this was deferred simply increased the charge
which the Assembly's sittings imposed on the tax-
payers. The reply was at once returned that each of
two candidates had obtained twenty votes, and only
the arrival of lagging Burgesses could finally decide
the contest. This incident clearly reveals the need
of the stringent measures adopted to ensure the prompt

1 See an account of Colonel Thomas Milner's election to the
Speakership in 1691, Minutes of House of Burgesses, April 17, 1691,
B. T. Va., No. 28. An account of the election of Robert Carter is
recorded in Minutes of Council, May 2, 1699, B. T. Va., vol. Hi.
See for an earlier period, Randolph MS., vol. iii., p. 281. It was
not often that the Governor ventured to interfere with the choice of
any particular member for Speaker, and when he did so, it was for
some very good public reason. An instance occurred in 1653, as
the following communication from Governor Bennett shows:
"Gentlemen, not to encroach on right of Assemblies in the free
choice of Speaker, nor to undervalue Lieut. -Colonel Chiles, it is
my opinion, and Council concurring therein, that it is not so proper
or so convenient at this time to make choice of him, for there is
something to be agitated in this Assembly concerning a ship lately
arrived in which Colonel Chiles had some interest, for which and
some other reasons we conceive it better at present to make choice
of some other person whom you shall agree upon.

" Your real servant,

"Richard Bennett."
Randolph MS., vol. iii., p. 247.

House of Burgesses : Its Officers 471

attendance of members at the opening of the session. 1
The office of Speaker was a lucrative as well as an
influential one. In 16 19, when the first Assembly
to meet in Virginia was about to close its sittings, it
entered an order that there should be imposed on every
freeman and man-servant to be found in the Colony
at that time a tax of one pound of tobacco, with the
object of ensuring an ample reward to the Speaker,
clerk, and sergeant of the House for their faithful
performance of the duties of their several positions. ^
Later on, the Speaker's salary was obtained in the same
manner as that of the Governor: — every county was
required to contribute towards his remuneration in
proportion to the number of its tithables ; for instance,
in 1668, York was assessed for this purpose to the extent

» Minutes of Council, April, 1699, B. T. Va., vol. lii. The fol-
lowing address delivered by William Randolph when elected
Speaker in 1698, shows how little the manner of returning thanks
for such an honor differs from century to century. The words
might well have been uttered at the present day: "Gentlemen, I
acknowledge it a great honour conferred on me by being chosen
Speaker of the House, but on the other side, I must confess my own
disability. My capacity is not large enough to comprehend the
weighty matters incident to this chair, the difficulties of which
I am ye more encouraged to undertake when I consider how many
worthy members are here present, and have hopes of the assistance
of every one of them; and, therefore, do entreat you, gentlemen,
that if any lapse of the tongue or mistake in any other matters
shall any time hereafter happen through my weakness, that you
will be pleased not to impute it to an error of the mind and will,
for I can assure you, gentlemen, that I have a settled resolution
and purpose to serve the House with all faithfulness, integrity,
and diligence, that thereby as much as in me lies, the affairs we are
here met about may be carried and proceeded in with that dis-
patch and consideration as may best serve the good and welfare of
this Government"; Minutes of House of Burgesses, Sept. 30, 1698,
B. T. Va., vol. lii.

2 Proceedings of Assembly of 1619, Colonial Records of Vir-
ginia, State Senate Doct., Extra, 1874.

472 Political Condition

of two thousand pounds of tobacco, and in 1682, to
the extent of six thousand and thirteen pounds. ^ If
the same proportion was, during these two years,
maintained throughout the Colony, the emoluments
of the Speaker's office were very considerable.

Secondary to the Speakership, but nevertheless an
office of great importance, and one much sought after
in case of a vacancy, vv^as the clerkship of the House.
The clerk seems to have been elected immediately after
the ceremonial visit which it was the custom of the
Burgesses and their Speaker to make to the Governor
when the Speaker himself had been nominated. The
Governor's approval of the choice of a clerk had also
to be obtained; and for this purpose, a committee was
always appointed to inform him of the new incumbent's
name as soon as he was selected. It is not improbable
that, when there was a delay in the election of a Speaker,
the clerk was chosen first. 2 Howard claimed that he
had the right to remove the clerk and to replace him
with another, should he see fit to do so. He was very
anxious to establish the rule that this officer should be
nominated by the Crown and paid out of the royal
revenues. The object to be gained by the proposed
change was simply to make the clerk a creature of
the Governor and his Council, and the reporter to

» York County Records, vol. 1664-72, p. 288, Va. St. Libr. ;
vol. 1675-84, orig. p. 438.

2 See Minutes of House of Burgesses, April 17, 1691, B. T. Va.,
No. 28. Culpeper stated that, before himself, no Governor had
ever "appointed" a clerk of the House. It seems that Robert
Beverley was "recommended" to him by the House to be their
clerk, and this action was seconded by the Council. Practically,
this simply meant that the clerk was elected by the House, subject
now for the first time to the approval of the Governor. It seems
unlikely that the first recommendation came from that official;
see British Colonial Papers, vol. xlvii., No. 105.

House of Burgesses : Its Officers 473

them of the House's most private proceedings; it was
to convert the confidential officer of that body into
a corrupt spy; and to expose him permanently to the
just suspicions of the men in whose presence he would
sit from day to day. The mere suggestion of placing
him beyond the Assembly's authority shows how
far Howard was prepared to go in depriving its mem-
bers of all their privileges. If he succeeded, as he
boasted he would do, in taking away the clerk's de-
pendence on "his great masters, the House of Bur-
gesses, " it was only for a time, since in 1691 that body
is found electing their clerk with the same formalities
as had been observed before Howard's arrival.^

The chief duty of the clerk consisted of making and
keeping full and accurate minutes of the Burgesses'
proceedings; and it was also, as a rule, obligatory upon
him to deliver a copy of these minutes to any person
asking for it and ready to pay the amount prescribed
by law to be due for the transcription. 2 A similar
copy had to be sent by the clerk, at the close of each
session, to the Commissioners of Trade and Planta-
tions.^ In 1682, Robert Beverley, who was filling the
office at this time, declined to deliver to the Governor
and Council on their peremptory order a copy of the
journal; and in justification of his refusal, he alleged
that he was the mere servant of the House, and could
not, without their leave, comply with the demand.
A dispute had arisen between the Governor and

» See Bancroft's History of the United States, vol. ii., p. 253; see
also Hening's Statutes, vol. iii., pp. 40, 41, 550; and British Colonial
Papers, vol. Ivii., No. 46.

2 Orders of Assembly, April 10, 1682, Colonial Entry Book, vol.
Ixxxvi., p. 370.

3 In 1692, Peter Beverley is found doing this; see B. T. Va., 1692,
No. 100.

474 Political Condition

Burgesses as to whether the clerk should be sworn
as the recording officer of the General Assembly, or
merely of the House of Burgesses, in harmony with the
precedent set by the House of Commons.^

When a fourth State-House was erected at James-
town after the destruction of the third during the
Insurrection of 1676, a room in the new building was
reserved for the use of the clerk of the Assembly. It
is probable that, as a matter of common convenience,
this officer was, throughout the century, assigned an
apartment in the immediate vicinity of the Burgesses'
hall, and that it was here that he kept the records,
books, and papers placed in his custody. There seems
however, to have been no regulation forbidding him
to remove any document to his own residence. When
Robert Beverley died, after filling the office for some
years, a committee, composed of his two most promi-
nent neighbors in Middlesex county, where his home
was situated, Ralph and Christopher Wormeley, was
appointed to receive all the records of the Assembly
then in his widow's possession, and to convey them to
Jamestown for delivery to his successor. 2

Of the officers of the House, the third in importance
was the messenger, who seems to have been really a
sergeant-at-arms, although not always so referred to
by name. As we have seen, such an officer so desig-
nated was attached to the Assembly of 16 19. The
place of the sergeant or messenger was at the bar of the
House, where he was liable at any time to have to
answer to the Speaker's call.^ This call generally re-
lated to the arrest of members who had committed

> Colonial Entry Book, 1680-95, pp. 9, 53, 153, April, 1682.
' Ibid. p. 238.

3 Minutes of Assembly, 1619, p. 11, Colonial Records of Vir-
ginia, State Senate Doct., Extra, 1874.

House of Burgesses: Its Officers 475

some offence, such, for instance, as a peculiarly serious
breach of the rules, or neglect to attend the sittings
of the House ; in either event, the delinquent was accom-
panied to the bar by the sergeant, who remained at
his elbow during the course of the examination that
followed. In 1695, as many as nine members were in
the custody of the messenger, as the sergeant seems
to have been now generally known ; and he was ordered
to bring them before the House so that they might
have an opportunity of making their defence. This
they appear to have done in the form of a petition.^
In cases attended with a high degree of responsibility,
the messenger perhaps was dispatched to a distance
from Jamestown; but under ordinary circumstances,
the demands upon his attention in the House were so
constant and exacting, that it is quite probable that
special messengers were engaged when the duty to be'
discharged was one requiring absence from the capital
for some length of time. This is proven by the large
sums disbursed during some years as remuneration for
the performance of special missions. The messenger
seems to have been recommended by the Governor;
for instance, in 1696, Andros named John Chiles as a
proper person ' ' to attend the House during the present
session of the Assembly. " Chiles, summoned to the
bar, was informed that he w^as accepted by the Bur-
gesses as their messenger, and that his presence would
be required at each sitting. In return for his services
in that capacity, he was to receive a salary of twenty-
five pounds sterling. 2

' Minutes of Assembly, April 29, 1695, Colonial Entry Book,
1682-95.

2 Minutes of House of Burgesses, Sept. 28, 1696, B. T. Va., vol.
Hi.; Minutes of Council, June 15, 1696, B. T. Va., vol. liii.

47^ Political Condition

In the course of 1682, the House had use for as many
as four door-keepers at one time, and the Hke was also
the case in 1698; from which it is to be inferred that
this was the usual number engaged in its service.^
It is not improbable that so many were employed be-
cause it was necessary that there should be door-
keepers for the committee rooms as well as for the
Assembly hall; and it is possible also that the same men
were expected to act as pages, and to keep the several
apartments in a state of good order and cleanliness.

In addition to the various persons whom we have
mentioned as being present in one capacity or another
at the daily sittings of the Assembly, the only ones
attending formed the guard assigned for that body's
use during the session, although permanently attached
to the Governor's suite. This squad of soldiers was
under the command of an officer appointed by the Bur-
gesses themselves- ; and their presence was required,
not so much to promote the Assembly's dignity as to
enforce the orders given to the messenger or sergeant-
at-arms in case there was any show of resistance.

1 Colonial Entry Book, 1682-95, P- ^°'' Minutes of House of
Burgesses, Sept. 30, 1698, B. T. Va., vol. lii.

2 Orders of Assembly, Sept. 10, 1663, Colonial Entry Book, vol.
Ixxxvi.

CHAPTER XXVIII
House of Burgesses : Procedure and Committees

THE Burgesses' procedure was modelled on that of
Parliament at this period. In a speech delivered
by William Fitzhugh before the House, in 1682
(and there were few better informed men in the Colony
than he), he declared that the only deviation from
the procedure of the English Commons lay in the man-
ner in which appeals were settled; and he urged that,
in order to bring the Assembly's rules into complete
harmony with those of Parliament, its great prototype,
the Council, in its character as the Upper Chamber,
should be represented in the composition of the House
Committee on Private Claims. After the right of
appeal to the Assembly was so much modified, — a
radical change which occurred about the time Culpeper
became Governor, — the procedure of the Burgesses
did not differ in any important respect from that
of the English Commons; and this was true of its
regulations for extraordinary as well as for ordinary
occasions; for instance, when Fitzhugh himself was
impeached by the Assembly, the rules shaping the
course of his trial were precisely the same as those
enforced in Parliament under similar circumstances. ^

1 Letters of William Fitzhugh, April 5, 1687; for Fitzhugh's
reference to House of Commons, see Minutes of Assembly, April
24, 1682, Colonial Entry Book, vol. Ixxxvi., p. 377.

477

47^ Political Condition

Describing the House's procedure at the end of the
century, Beverley declared that it was based on the
closest imitation of the procedure so long followed by
the English House of Commons. ^ Practically, there-
fore, from 1619 to 1700, the latter had served as the
great model for the corresponding legislative body in
Virginia.

So soon as the House had settled down to the busi-
ness of the session, it chose the members of the com-
mittees upon which fell the brunt of its work. It would
appear that the number of committees appointed by
the first Assembly did not exceed two; but at a later
date, the number had been increased to three; which
consisted of the Committee to examine the Election
Returns, the Committee on Propositions and Griev-
ances, and the Committee on Claims. 2 So important
were these several committees of the House considered
to be that each was permitted to employ its own clerk,
whose salary was, in 1656, fixed at so high a figure as
fifteen hundred pounds of tobacco 3; and so much
larger had that salary become twenty years later, that
it caused very grave popular discontent. The Eng-
lish Commissioners, in describing the Colony's con-
dition just before and after the Insurrection of 1676,
stated that each clerk was then paid as much as four
thousand pounds of tobacco, although, not infrequently,

' Beverley's History of Virginia, p. 190. Among the instructions
given to Jeffrey Jeffreys, the agent of the Colony in England in
1 69 1, was the following: "To supplicate their Majesties to confirm
to Virginia ye authority of ye General Assembly consisting of
ye Governor, Council, and Burgesses as near as may be to ye model
of ye Parliament of England, " etc. ; Minutes of House of Burgesses,
May 22, 1691, B. T. Va., No. 23.

2 Minutes of Assembly, April 24, 168S, Colonial Entry Book,
1682-95, p. 502.

3 Randolph MS., vol. iii., p. 272; Winder Papers, vol. ii., p. i49-

House of Burgesses : Committees 479

their respective tasks during a session did not exceed
twenty lines of writing. In the report which they
drew up, the Commissioners urged that, instead of
employing a clerk to prepare, for the information of
the House, a full account of his committee's work,
its chairman should prepare that account himself,
and thus do away with the need of any expenditure
in salaries.^ No change followed from this apparently
wise recommendation, for, in 1682, each clerk was in
receipt of a salary that even exceeded four thousand
pounds of tobacco. 2

Owing to lack of room in the different buildings in
which the Burgesses themselves sat, the committees
generally were forced to seek a place of meeting in a
private residence; for instance, in 1682, accommoda-
tion was found in the home of Thomas Clayton; and
for this, he was paid as much as two thousand pounds
of tobacco. 2 During 1695, the Committee on Propo-
sitions and Grievances occupied an apartment in
William Sherwood's house; and the Committee on
Private Claims, one in the house of John Brod-
nax.*

What were the particular duties of the respective
committees? The work of the Committee on Elec-
tions was, as a rule, the simplest of all : — it was to pass
on the credentials of every newly returned member.
This committee was appointed immediately after the

' Winder Papers, vol. ii., p. 149. In 1688, the clerk of the Com-
mittee on Propositions and Grievances was Peter Beverley; and of
the other two committees combined, Henry Randolph; both citizens
of distinction in the Colony at that time.

2 Colonial Entry Book, 1682-95, p. 80.

3 Ibid.

* Minutes of Assembly, April 22, 1695, Colonial Entry Book 1682-
95. The Burgesses sat in the same houses in 1696; see Minutes,
Sept. 28, 1696, B. T. Va., vol. lii.

48o Political Condition

reading of orders, which always took place after the
call of the roll.^

Perhaps the chief duty of the Committee on Propo-
sitions and Grievances was to inquire into and report
on the complaints laid before the House by the in-
habitants of the different counties from time to time.
Instances of this kind occurred as early as 1635. Ap-
parently, at this date, statements of grievances were
occasionally presented, not to the House, but to the
General Assembly sitting as a Committee of the Whole.
Not long before Harvey was deposed, the Council (in
the capacity of an Upper Chamber) and the House of
Burgesses met at Jamestown in order to give a hearing
to the numerous protests against oppression made by
the people. 2 In this case, and probably in all cases
at this time, the petitions seeking redress were pre-
sented, not by the Burgess of the county where the
complainants resided, but by the complainants in
person.

By 1663, the custom had become established for
counties and individuals to present their petitions of
complaint through the Burgesses representing them.
In order that the inhabitants of a county might have
an opportunity of formulating their grievances in
sufficient time for submission to the House, the law
required the sheriff to give ample information as to
the day when and the place where their member would
be ready to receive them.^ Some years afterwards, the
justices of Accomac instructed the clerk of the court

1 Randolph MS., vol. iii., p. 281.

2 See letter of Samuel Mathews, May 25, 1635, British Colonial
Papers, vol. viii., 1634-5, No. 65.

^ Hening's Statutes, vol. ii., p. 212. The place of meeting was
generally "at the usual place of election"; and the people were
informed of the day "by publication in the parish churches."

House of Burgesses : Committees 481

to set up a notice at the court-house door that all
the freeholders of the upper part of the county hav-
ing complaints to make were expected to meet the
Burgess at Mr. Thomas Fowlkes's residence for the
purpose of laying these complaints before him with a
view to their being reported to the Assembly for
redress. 1 And this was probably the course very
generally followed in the Colony at this time.

So extraordinary were the number of grievances
presented after the suppression of the Insurrection
of 1676, that it was thought necessary to restrain
the liberty of the people in this respect. It was de-
clared by the General Assembly in 1680 that this right
had been allowed so much latitude that ill disposed and
seditious persons claiming to represent the inhabitants
of a whole county, but in reality representing only
themselves, took advantage of it to bring before the
House complaints which were scandalous or rebellious
in spirit. In order to put a stop to this abuse, the
sheriff of each county was instructed to appoint the
time and place for the reception of grievances; and
unless these grievances were reduced to writing and
signed by the person or persons offering them, and the
signature attested by the clerk or the presiding justice
of the county court, they were not to be submitted to
the Burgess for transmission to the House. 2 It was
hoped that, in this way, all objectionable petitions would
be effectually shut out from consideration, as these
officers could be relied upon to refuse to attest them
if the contents were calculated to offend the Assembly.

Such a regulation as this was as likely to err as far

> Accomac County Records, vol. 1671-73, p. 16.
2 Acts of Assembly, 1680, Colonial Entry Book, vol. Ixxxvi.;
Hening's Statutes, vol. ii., p. 482.

VOL. II — 31

482 Political Condition

on the side of improper suppression as absolute freedom
of petition was on the side of license. Nevertheless,
the Burgesses never showed greater intolerance of all
interference with the right of the people to present
their grievances than after its adoption. An incident
occurred in 1688 which illustrated this fact in a re-
markable manner. It had recently come to light that
Colonel John Custis, the collector of customs for the
Eastern Shore, had been guilty of demanding extor-
tionate fees of shipmasters, merchants, and traders
who had had occasion to transact official business
with him. At the next election for Burgesses in
Accomac county, the people presented in writing a
full list of their complaints, and these included very
severe strictures on Custis' s conduct. Learning of
this, Custis, who was present when the list was handed
in, uttered many menacing words in a loud voice, and
shaking his cane furiously and threateningly, seized
the paper and refused to give it up, declaring, in the
hearing of the crowd, that if another list of grievances
was drawn up, he would seize and keep that also. The
people w^ere so much overawed by his violent and reso-
lute demeanor that they refrained on that occasion
from repeating their charges. Information of his act,
however, came to the Burgesses' ears, and their
indignation was so much aroused in consequence, that
they addressed a formal request to the Governor to
apply the law of England for the prevention in the
future of such "unwarrantable practices," so that the
inhabitants of the Colony might not ' ' by the power or
greatness of any person be hindered or molested in
giving in their just grievances for redress by the Gen-
eral Assembly according to the King's writ for elec-
tion of Burgesses." In terms of great severity, they

House of Burgesses : Committees 483

condemned Custis for presuming on the dignity of
his office, and the influence of his wealth and high
social position.^

At least thirteen counties, in 169 1, laid complaints
before the House through the channel of their respec-
tive Burgesses. 2 It was during this year that George
Worsham, of Henrico, in behalf of himself and several
others, who with him had subscribed a paper containing
a statement of their personal grievances, delivered the
document to the county's Burgess in the court-room
at the county seat; and this was probably the manner
in which such a petition was most often presented.^
It still, however, had to be attested by the clerk of the
court or the presiding justice, a fact which, in actual
practice, gave the court itself the right to pass upon
the character of its contents. In 1692-3, when a paper
of this kind was thus submitted to the judges of Hen-
rico, they found on reading it that it was open to
strong objection from the point of view of the King's
interests; and, in consequence, they declined to allow
it to be attested.* The knowledge that every such
statement of grievances had to be first brought to the
county court's attention led the Burgess to announce
publicly that all petitions of this nature would be
received by him at the monthly term of this body;
and this course was the more convenient, as the ma-
jority of the House's members also sat on the different
county benches, and were, therefore, required to be
present at the meetings of the justices. Promptness
in dealing with the grievances was thus assured; the

» Colonial Entry Book, 1682-95, P- 57 1-

2 Minutes of House of Burgesses, April 21, 1691, Colonial Entry
Book, 1682-95.

3 Henrico County Minute Book, 1682-1701, p. 341, Va. St. Libr.
* Henrico County Records, Orders February 20, 1692-3.

484 Political Condition

court examined them as soon as handed in, and if
inoffensive, ordered their immediate attestation and
delivery to the Burgess for transmission to the
Assembly. 1

The duty of the Committee on Propositions and
Grievances was not confined to reporting to the House
its conclusions as to the justice of the various com-
plaints submitted to that body by the Burgesses as
representatives of the people. All propositions of
whatever character, but particularly propositions re-
lating to the passage of new Acts, came first under
this committee's supervision; in this respect, it per-
formed the functions of the judiciary committee of a
modern legislature ; and its recommendations, no doubt,
had a powerful influence in shaping the final decisions
of the House. 2 The latter body, in 1682, adopted a
resolution that thereafter members of the Council
should be invited to assist all the committees, "but
especially this committee, in debating and proposing
matters for ye consideration of ye Grand Assembly."
This seems to have been the rule down to 1680. The
Governor then declined to consent to its revival and con-
tinuation, on the ground that it was repugnant to the
usages of Parliament. The utility of the rule lay in the
fact that a bill recommended by this mixed committee

' At the meeting of the Henrico County Court, held April, 1695,
an order was entered for the publication of the fact "that on the
eleventh day of this instant April, the Burgesses of this county will
be there [i. e., at the county seat] to receive their county's grievances
if any"; see Henrico County Records, vol. 1677-99, P- 47. Va. St.
Libr. The Present State of Virginia, lOgj-S states that "To know
the humours, common talk, and designs of the people of a county,
there is no better way than to peruse the Journal of the House of
Burgesses and the Committee on Propositions and Grievances";
section vi.

2 Hening's Statutes, vol. i., p. 497.

House of Burgesses : Committees 485

would pass the General Assembly on its merits with
promptness, whereas in the absence of the rule, every
measure adopted by the Burgesses would have to be
elaborately explained to the members of the Upper
House before there could be any hope of its acceptance,
a fact that would inevitably cause great delay, and
indirectly increase the burden of public taxation. So
much at heart did the House have the restoration of
the former regulation that, for eighteen days, they
declined to go on with the public business.^

After 1677, the Committee on Claims was, in the same
manner as the Committee on Propositions and Griev-
ances, protected from those encroachments on its time
and attention which would have followed had no
check been put on the petitions submitted through the
Burgesses by their constituents. Subsequent to that
year, a claim for money expended or earned had to
be certified by the court of the county where the
claimant resided. 2 As already pointed out, each
county court held at least one term during the year
to pass upon the different claims made in writing
either against the county itself, or the general public
for services performed. If the claim against the pub-
lic was shown to be proper and correct, the court's
attestation to that effect authorized its delivery to the
Burgess of the county for transmission to the Assembly.
After this preliminary examination, it is not likely
that the Committee on Claims had any serious diffi-
culty in finding out whether or not there were just
reasons for recommending it to the House for final
recognition. If business of this kind alone had de-
manded the Committee's attention, its duties would

> Colonial Entry Book, 1682-95, P- 9-
2 Acts of Assembly, Feb. 20, 1677.

486 Political Condition

not have been exacting or burdensome. Down to the
time when the Assembly's right to hear appeals from
the General Court's decisions was greatly curtailed,
this Committee seems to have been the one always
called upon to investigate the law and the facts upon
which these appeals were based, a task requiring
extraordinary patience, discrimination, and know-
ledge of legal principles. To this extent, therefore,
the Committee on Claims formed a very important
judicial body; and its members were no doubt chosen
with great care. When these judicial functions were
very much curtailed, the necessity for this care was
greatly diminished.

The proceedings of the House when the reports of
committees or other business came up for discussion
were governed by certain general regulations. Perfect
order, for instance, was required to be enforced; and
no member was allowed to address the presiding
officer except as "Mr. Speaker." Everyone engaging
in the debate had to stand up; and also to remove his
hat, a proof that the custom of Parliament down to
our own day in keeping the head covered while the
member occupied his seat, prevailed in the House of
Burgesses in these early times. Whoever interrupted
the debater on the floor without his permission made
himself liable to a fine of one thousand pounds of
tobacco. No personalities were tolerated; the Burgess
guilty of such an offence w^as compelled to pay a fine
of five hundred pounds of the same commodity. Nor
was a member suffered to address the House more than
once on the same occasion, as a more frequent partici-
pation in the discussion was supposed to interfere
with the rights of other members to express their
opinions. Smoking in the Assembly chamber was for-

House of Burcresses : Committees 487

bidden unless the House had adjourned for the day
or for a recess; and in the latter case, it was only
allowed if the person indulging in a pipe had first
obtained the consent of the majority of the Burgesses
present. Should a member appear in the Chamber
perceptibly under the influence of liquor, he was con-
demned to pay a fine of one hundred pounds of tobacco. ^
As a rule, the House finally adjourned only after
all the business before its members had been settled.
Sometimes, however, it was suddenly dissolved by
the Governor when the matters requiring its attention
had only been partly attended to. Occasionally, the
General Assembly on its own motion requested that
officer to prorogue it, or at least to authorize it to take
a recess of some length. This usually occurred when
an epidemical disorder was prevailing in the vicinity
of Jamestown. In 1696, small-pox broke out there, a
contagious distemper held in peculiar dread. In their
address to the Governor asking for a recess, the Assem-
bly declared that this disease, which was known to be
very fatal, was propagated in a very rapid manner;
that the session of the House brought a crowd of per-
sons to Jamestown unavoidably, who were liable to
be struck down; that the number of members present,
already greatly reduced by the absence of many
apprehensive of attack, would be further diminished
should the contagion reach them; and that, finally,
the spread of the disease among them signified its
spread throughout the Colony, as their homes were
so widely scattered. Already, one of the Burgesses
had been compelled to leave because the distemper
lad shown itself in the circle of his family. 2

J Orders of Assembly, 1003, Raiidolplx MS., vol. iii., p. 288.

2 Minutes of House of Burgesses, April 25, 1696, B. T. Va., vol. Hi.

488 Political Condition

Excepting for a severe epidemic of this kind, the
House is not known to have adjourned more than once
under the influence of causes affecting the general
health of its members. In 1619, the first General
Assembly to convene in the Colony broke up before
all the laws had been engrossed, on account of the
extraordinary amount of sickness prevailing among
the Burgesses in consequence of the excessive heat;
the sittings had extended into August, and the mem-
bers had thus been exposed to the debilitating rays
of the hottest suns of the year amid the miasmatic airs
rising from the marshes around Jamestown. ^

» Mr. Shelley was the only one of the Burgesses who died at the
time; see Minutes of Assembly, 161 9, Colonial Records of Virginia,
State Senate Doct., Extra, 1874.

CHAPTER XXIX
House of Burgesses : General Spirit

ALTHOUGH the Burgesses were distinguished by
a strong spirit of loyalty to England and the
throne, nevertheless they had a clear conception
of their rights, and never lacked the courage to main-
tain them against the encroachments even of the King
himself. The Assembly of 1619, in announcing its
readiness to submit all the laws and orders adopted by
it to the Company for acceptance or rejection, openly
declared that any regulations which the quarter courts
in London might draw up for enforcement in the Colony
should not be put in operation until the General
Assembly's approbation had been obtained. This was
on the Burgesses' part a very bold claim of a right to
pass upon all ordinances emanating from the fountain
head of power at this time ; and it showed very plainly
the care which that body was prepared to exercise in
overlooking the general welfare of the people.^ When
the King, during Harvey's administration, proposed
to purchase from year to year the entire crop of

> See Minutes of Assembly, 1619, Colonial Records of Virginia,
State Senate Doct., Extra, 1874. "As they can make no laws until
they are ratified here [i. e. England], so they think it but reason
that none shall be enacted here without their consent, because they
only feel them and must live under them. " — Works of Captain John
Smith, vol. ii., p. 65, Richmond edition.

489

490 Political Condition

tobacco produced by the planters, the same body, in
an equally unshrinking spirit, pronounced the amount
offered to be too small, and it did not hesitate to refuse
to enter into the contract suggested.^ A high tribute
was unintentionally paid to the sturdy and indepen-
dent character of the Burgesses at this time when
Harvey described them as "rude and ill conditioned,"
and as "more likely to effect mutiny than good laws
and orders. "2

During the period of the Commonwealth, the House
managed the Colony's affairs with few instructions
from the Mother Country to hamper it. So extreme
were the claims of this body at this time that it denied
that the Governor possessed the authority to dissolve
it; and it forced Mathews to vield to this contention
until the whole controversy should be passed upon
in England. In re-electing him to the same ofifice, the
Assembly formally declared that they invested him
with all the rights and privileges incidental to the
position; which was tantamount to an assertion that
they possessed absolute power in the Colony. That
body went so far in 1656 as to appoint all the justices
of the county courts and the principal military officers,
hitherto one of the usual prerogatives of the Governor.^

The conditions now prevailing in the Colony were
the reverse of those prevailing in England. Parliament,
which, at one time, concentrated in itself every branch
of civil and military authority, had now sunk into
impotency under the strong will of Cromwell. In

> Harvey declined or neglected to forward the letter containing
the reasons which influenced the Assembly in its action.

2 Harvey to Windebank, July 14, 1635, British Colonial Papers,
vol. viii., No. 73.

3 Va. Maga. of Hist, a-nd Biog., vol. viii., p. 176; Campbell's
History of Va., p. 238.

House of Burgesses : General Spirit 491

Virginia, on the other hand, owing to its being too
remote for the great Protector to follow its affairs
closely and continuously, all the power had fallen into
the hands of the House of Burgesses. It is a remark-
able fact that the suppression of the popular liberties
of the English as represented by their House of Com-
mons was contemporaneous with the expansion of
the popular liberties of the Virginians as represented
by their Assembly. When in the winter of 1659-60,
news was brought to Jamestown that the Mother
Country, in consequence of Cromwell's death, had
drifted into a state of great distraction, and there was
no longer there an "absolute and confessed power,"
an order was adopted that, until a command should
be received from London which could be considered
as undoubtedly lawful, the whole power of the Colony
was to reside in the House, and no writ should issue
except in the name of the Grand Assembly.^ During
this memorable year, the Governor was instructed
by the same body to call the Burgesses together at
least once in the course of every twenty-four months;
and he was forbidden to dissolve them without the
consent of a majority of their number. But above all,
he was not permitted to appoint the Secretary of
State, or the members of the Council without the
Assembly's approval. 2

The subserviency < of the Long Assembly, undis-
solved from 1662 to 1676, was directly attributable
to the degrading and corrupting influence of the Resto-
ration. These influences, which led in England to the
continuation of the same Parliament through eighteen
years without a single dissolution, were felt in Virginia

1 Hening's Statutes, vol. i., p. 530.

2 Ibid. p. 531.

4Q2 Political Condition

with peculiar force by that powerful class which fur-
nished the greater number of the Assembly's members.
The spirit prevailing in the House, which, during the
Protectorate, sought to exalt the power of the people,
was, after the Restoration, converted into a disposition
to reduce that power ; and this was due to the fact that
the Burgesses had become independent of the people
owing to the cessation of periodical popular elections.
All the members who had served in freer times were
soon dropped. The Assembly soon grew to be as
much of an oligarchy as any body so submissive to
their superior officer could be in actual practice; and
in assuming this character, they were unquestionably
moulded more or less by the influence of Berkeley,
who, with perfect sincerity, entertained the most ex-
treme views as to the scope of official power. His
well known reason for retaining this Assembly for so
many years without giving those enjoying the suffrage
an opportunity to replace all its members should they
so desire, was that the more extended the experience
of these men as Burgesses, the more wisely could they
perform the duties of their place; but this was a
reason which would make of every popular Assembly
a permanent, because a practically self-perpetuating,
body, and would raise it entirely above the approval
or disapproval of the persons supposed to possess the
franchise.

The sinister influence of this Assembly cannot be
gauged entirely by the history of its purely legislative
acts; the example set by it in defying public sentiment
by countenancing old abuses and creating new, and by
seeking to aggrandize to itself, regardless of the public
welfare, as many powers and benefits as it could grasp,
spread through the whole official framework of the

House of Burgesses : General Spirit 493

Colony the like spirit of selfishness and indifference
to popular complaints. It was this spirit, largely
attributable as it was to the Long Assembly, which
was the principal cause of the Insurrection of 1676,
a movement that would have occurred sooner or later,
whether or not there had been Indian aggression to
start it. The popular bitterness against the Governor
and Assembly had been steadily increasing for at least
ten years; and along with it, went an almost equally
strong feeling directed against all other local bodies
possessing authority, which had taken their cue from
these officials.^

The whole fury of the people at large in their resent-
ment against oppression seemed to be concentrated
in Bacon's order to his men on a memorable occasion
to aim the muzzles of their guns at the windows of
the apartment in which the Burgesses were sitting;
and also in his threat that, should a commission to
lead an expedition against the Indians be refused him,
he would have the Burgesses' "hearts' blood," a
menace he accompanied with what the chronicler of
the scene describes as "dreadful newly coined oaths,"
uttered in such profusion "as if he thought God would
be delighted with that kind."^ Tho outraged feeling
of the mass of the Virginians found expression in the
laws of what has long been designated as Bacon's
Assembly, the immediate successor of the Long Assem-
bly, and destined always to stand in the most honorable

' The arbitrary conduct of the vestries has already been pointed
out. Perhaps the most remarkable statement of the various
forms of oppression which the people had to suffer during the
existence of the Long Assembly is embodied in the series of griev-
ances presented to the English Commissioners after the collapse
of the Insurrection.

2 British Colonial Papers, vol. xxxvii., Doct. i6.

494 Political Condition

contrast with the latter body. Its Acts reflect unmis-
takably its fixed determination to remove every abuse
and rectify every wrong under which the people were
languishing. Had the theatre upon which this Assem-
bly met been that of a nation instead of that of a small
colony in a remote part of the world, its spirit and its
measures would long ago have won an extraordinary
fame in history, and the legislators themselves would
have enjoyed a universal reputation as among the
wisest and most patriotic who have been called on
to pass laws in a great crisis.

The Insurrection of 1676 closed in a sudden collapse,
followed by bloody reprisals, but the sturdy spirit
in which it had its origin was far from being extin-
guished. That spirit was reflected on many subse-
quent occasions in the attitude of the House, a body
not the less determined because it could not hope to
be always successful in its aims. The official relations
of the Burgesses with Culpeper and Howard, who
were pliant and submissive tools of their royal masters,
was a prolonged struggle against greedy impositions
and illegal innovations. Unlike Berkeley, these two
Governors were not supported by the members of
the highest social class as represented in the Assembly;
on the contrary, the whole of that body seems to have,
at times at least, presented a common front against
their encroachments upon popular rights. Men who
had countenanced Berkeley in his oppressions, and
stood by him in the conflict with Bacon, turned against
Culpeper and Howard with a firmness and courage,
and an indifi'erence to consequences, worthy of those
persons who had staked their lives and fortunes on
the issue of the Insurrection of 1676. Berkeley's
attitude towards the Assembly was that of a leader

House of Burgesses : General Spirit 495

among equals, who, although entertaining extreme
views of his official rights and powers, had yet been long
identified with the Colony, and had given many proofs
of his devotion to its interests, and of his jealousy of
its honor. The attitude of Culpeper and Howard, on
the other hand, was simply that of two schoolmasters
puffed up with a sense of their super' ority in knowledge
and wisdom over their unruly and fractious pupils;
and this unwarranted arrogance undoubtedly greatly
stimulated the irritation primarily caused by their
efforts to extend the royal prerogative, and by their
use of very questionable means to increase their own
incomes.^

The firm and courageous spirit shown during the
latter part of the century by the Burgesses as guardians
of the public welfare may be illustrated by a more
particular reference to instances of their resentment
of the aggressions by Governor and King. In April,
1677, the different records of the House were forcibly
taken possession of by two of the English Commis-
sioners, Berry and Morryson. These records were at
the time in charge of Robert Beverley, the clerk of
that body. In the following October, the House
appealed to the third Commissioner, Col. Herbert
Jeffreys, now serving as Governor, for their return,
on the ground that their seizure and their detention
alike were illegal. The Commissioners, in the orig-

' In his address to the House of Burgesses, Oct. 9, 1685, Howard
spoke as follows: "Gentlemen, I have observed in very many of
your lawes that fines and forfeitures are to be accounted for to ye
Publique, a name certainly most odious under a regal government,
and that which in name, so in consequence, differs but little from
that detestable one, Republick, which I am very much persuaded
you all soe really abhor that you will remove anything which in
the least relates to it," etc.; Colonial Entry Book, 1682-95, p. 269.

49^ Political Condition

inal warrant authorizing the removal of the records,
had asserted that the right to take such a step had been
conferred on them by the royal instructions, stamped
with the great seal. The House in their reply had de-
nied that any previous King had ever directed or
approved such a violation of their privileges; and they
seem to have expressed some doubt as to whether such
a power was really contained in the present commission.
In seeking Jeffreys' intervention, as already stated,
the Burgesses urged him to obtain for them the satis-
faction of knowing that no such encroachment on
their rights would be repeated in the future; Jeffreys
sent the appeal to Morryson, who happened at this
time to be visiting England; Morryson enclosed it
to the Secretary of State, with the request that it
should be submitted to the Commissioners of Trade
and Plantations as a proof of the extraordinary ' ' arro-
gance of the Virginian authorities. " In a second letter,
Morryson stated that their commission had been read
not only to Beverley before the delivery of the records
was demanded, but also, on their first arrival in Vir-
ginia, to Berkeley; and subsequently, when the Com-
missioners had held their first sitting, it had been
proclaimed to the public^ ; the House, he asserted, was,
therefore, fully informed as to the Commissioners'
authority in seizing the records, and yet, in the face
of the King's mandate, had dared to make so pre-
sumptuous a protest. Later on, there was an attempt
to seize the same records in order to expunge a resolu-
tion adopted by the House in condemnation of this
violation of their privileges; Beverley, who was still
in charge, refused to deliver them to the Governor

« Colonial Entry Book, 1681-85, p. 11; British Colonial Papers,
vol. xlii., Nos. 138, 139, 138, I.

House of Burgesses : General Spirit 497

and Council as commanded, on the ground that he
could not legally do this "without leave of the Bur-
gesses, his masters"; and he preferred to go to prison
rather than to outrage his sense of duty. ^

The Burgesses, in 1684, boldly rebuked Howard for
sending a communication to them touching a resolu-
tion of the House, of which he had received private
information, presumably from a member of that body. 2
Reference has already been made to the firmness with
which they, in 1685, disputed the Governor's authority
to veto the Acts passed by the General Assembly.^
They showed equal firmness in opposing the position
taken by that officer that he was impowered, with the
King's consent, to revive any statute which had been
repealed, merely by issuing his proclamation; indeed,
so exasperated were the Burgesses by this assertion
of right that they addressed the King directly on the
subject, and having condemned the claim as repug-
nant to established usage, they begged that no law
thereafter should be revived until the General Assem-
bly's reasons for repealing it had been reported in full
in England.^

Howard, in 1687, again complained to the Privy
Council that the Assembly "rudely and boldly" dis-
puted the royal authority to repeal laws by proclama-
tion. The King, it seems, had only recently directed

' Hening's Statutes, vol. iii., p. 458; see also Campbell's History
of Virginia, p. 335, and Hening's Statutes, vol. iii., p. 40.

2 Minutes of Assembly, April 16, 1684, Colonial Entry Book,
1682-95.

3 See Hening's Statutes, vol. iii., p. 40.

* British Colonial Papers, vol. Hi., No. 103. The statute pre-
scribing attorney's fees had been repealed by the General Assembly
in 1683, but the original measure was revived by Howard's procla-
mation issued at the command of the King, who had vetoed the
repealing Act.

VOL. II — 32

498 Political Condition

the annulment in this manner of the Act allowing the
planters to pay their quit-rents in the form of tobacco.
' ' I sent for the Burgesses, ' ' Howard wrote, ' ' and showed
them his Majesty's command, and offered them the
opportunity to express their duty to his Majesty by
repealing that law, but they would not."^ The
emotions of the same body of men may be conceived
when Howard read to them the royal instruction that
all grants of money to the Governor, Deputy-Governor,
or Commander-in-Chief, should state that these grants
were made to the King with the Assembly's "humble
desire" that they should be applied to the use specially
designated. 2

Nicholson's instructions in 1699, on his recent
appointment to the Government, were submitted to
the House sitting as a Committee of the Whole. It
was declared in one of the clauses that all Acts passed
for the Colony's good government should be expressed
indefinitely as to the time they were designed to cover,
unless the ends sought to be accomplished were purely
temporary. The only remark on this clause made by
the Burgesses was that the Assembly had been long
in the habit of doing this, as plainly the necessary as
well as the most convenient course to pursue.-' The
dryness of this commentary, and indeed any commen-
tary at all, would have aroused the indignation of
such men as Culpeper and Howard, who exercised
their private discretion in disclosing their instructions
even to the members of their own respective Councils ;

« Colonial Entry Book, 1685-90, pp. 125, 126.

2 Instructions to Howard, 1685, Colonial Entry Book, 1685-90,
p. 26.

3 Minutes of House of Burgesses, May 22, 1699, B. T. Va., vol.
lii.

House of Burgesses : General Spirit 499

and who would have considered an opinion on
the wisdom of these instructions coming from the
Assembly as an impertinence amounting almost to
disloyalty.

CHAPTER XXX
The General Assembly

THE General Assembly from its earliest session
was composed, not only of the House of Bur-
gesses sitting as a Lower Chamber, but also
of the Governor and Council sitting as an Upper.
As has been already pointed out, the Governor and
Council in the beginning enjoyed some of the powers
of a single legislative body. From the creation of
the House of Burgesses, they were associated with
that body somewhat in the character of a modern
Senate. In 162 1, Wyatt's Instructions, which par-
took so largely of the nature of a written constitution,
expressly authorized the summoning of a General
Assembly, made up, on the one hand, of elected represen-
tatives of the people, and, on the other, of the Governor
and Council ; and its decisions were to be shaped en-
tirely by the votes of a majority of the members present.
The Governor himself possessed only a negative voice.
Apparently, for many years, the Upper House sat in
the same apartment as the Lower, and at the same
time.i During the period of the Commonwealth,
however, it is to be inferred that the two bodies did

' Beverley states that this custom prevailed until Culpeper's
administration; see his History of Virginia, p. 187. For Instruc-
tions to Wyatt, see Randolph MS., vol. iii., p. 160.

500

The General Assembly 501

not sit together, as the Burgesses had adopted a regu-
lation to discuss all laws in private before submitting
them to the Upper House for adoption or rejection. ^
When the Upper House began to sit apart, the Gover-
nor was generally, although not always, present at its
meetings. 2

Did the Council sitting as an Upper Chamber possess
the right to originate legislation? Whatever the
powers of this body previous to 1666, it had certainly
acquired by that date the right to amend the Acts
coming up from the House. The right of concurrence
or rejection, and the right of amendment seem to have
been the limit of its powers.'' The Governor was ap-
parently authorized to suggest to the House the passage
of special laws^ ; but no proof exists that any legis-
lation ever began in the Upper Chamber. There seem
to have been numerous conferences held between the
Governor and Council, in their character as the Upper
House, on the one side, and the Burgesses, in their
character as the Lower, on the other; but this was
almost always done through the intermediation of
committees appointed by the two bodies.^

> Hening's Statutes, vol. i., p. 497.

2 "Governor sits commonly in Upper House"; see Hartwell's
Replies to Inquiries of English Commissioners, B. T. Va., 1697,
vol. vi., p. 145; see also Present State of Virginia, idgy-S, Section
vi.

3 "Upon reading the Governor and Council's approbation with
the alterations annexed, they were all gratefully assented to."
Acts of Assembly Nov. 6, 1666, Randolph MS., vol. iii., p. 298;
see also Hening's Statutes, vol. ii., p. 254. An example of the man-
ner in which additions were made by the Upper House will be found
in B. T. Va., 1691, No. 29.

^ See, for instance, B. T. Va., 1691, No. 29.

5 "The Assembly they conclude themselves entitled to all the
rights and privileges of an English Parliament and begin to search
in the record-^ of that Honorable House for Precedents to govern

502 Political Condition

The General Assembly showed an unfailing deter-
mination to preserve its authority over the minds of
the people at large, and, in consequence, it did not
hesitate to inflict severe punishment upon any one
who ventured to reflect on its proceedings. Francis
Willis, in 1640, condemned the laws of the last General
Assembly as repugnant to justice; and he also spoke
in harsh terms of the Gloucester bench. The General
Court, taking cognizance of his words, considered to
be the more inexcusable because he was the clerk of
that county, and also a practising attorney, sentenced
him to stand at the door of the court-house with a
placard attached to his head announcing his offence;
deprived him of his clerkship and attorney's license;
and required him to pay a fine of twenty-eight pounds
sterling, and to suffer imprisonment during the pleasure
of the Governor.^ A proclamation of Nicholson,
issued in 1690, commanded the grand juries to indict
all persons who spoke with contempt of the laws of
Virginia. 2 Whoever ventured to raise doubts as to
whether the people of the Colony were bound to obey
every statute was declared to be "factious and se-
ditious," and for the first offence was fined, and for
the second, fined and also committed to jail.^

themselves by. The Council have vanity enough to think they
almost stand upon equal terms with the Right Honorable House
of Lords"; see Col. Quarry's Memorial to Commissioners of Trade,
1703, Massachusetts Hist. Coll., vol. vii., 3rd series, p. 233.

1 Robinson Transcripts, p. 28.

2 B. T. Va., 1690, No. 3. "Major John Tilney saith that this
day when the late Acts of Assembly were reading over, he heard
Henry Boston say that they were simple fooUsh things, whereupon
ye said deponent reproved him, and ye said Boston demanded
whether he did it out of envey, and further saith not"; Northamp-
ton County Records, orig. vol. 1657-64, p. 72.

3 Hening's Statutes, vol. ii., p. 501.

The General Assembly 503

No Act became a law until it had received the signa-
tures of the Speaker and Governor. 1 The Company
during the time the affairs of Virginia were administered
by it was impowered to allow or disallow, as should
seem proper, each statute adopted by the General
Assembly; but until the Company's pleasure was
known, these laws remained as much in force as if they
had already been favorably considered by the Quarter
Court in England. That they did so was due to the
urgent request of the General Assembly itself, which
declared that, unless every Act became operative
immediately after its passage, "the people would
grow so insolent that they would shake off all govern-
ment, and there would be no living among them. "2
So soon as the King was reinstated in direct control
of the Colony, the p'ower to veto any ordinance of the
General Assembly failing to receive his approval was
fully resumed by him; but apparently the existing
rule permitting a statute to be put in force at once
was not abrogated, for, in 1629, Harvey suggested to
the Privy Council that all the Acts passed by the Gen-
eral Assembly should stand simply as "propositions
until his Majesty should be pleased under the great
seal to ratify the same. " This recommendation seems
to have been favorably considered, since the Privy
Council instructed him to transmit to England for
allowance or disallowance a copy of every ordinance
adopted by the General Assembly. Those that should
receive the royal assent were to pass the great seal

' Declarations of the General Assembly ran as follows: "We, the
Governor, Council, and Burgesses of this Grand Assembly"; see
Randolph MS., vol. iii., p. 239, and also Robinson Transcripts,
p. 194.

2 Acts of Assembly, 1619, p. 31, Colonial Records of Virginia,
State Senate Doct., Extra, 1874.

S04 Political Condition

and then be returned to Virginia for permanent
enforcement.*

If this order of the Privy Council changed the custom
then prevaiHng, namely, that every Act was to be
operative from its passage subject to final approval
or annulment by the English authorities, that custom
was in a few years restored, simply because it had had
its origin in the necessities of the situation, growing,
on the one hand, out of the Colony's remoteness from
London, and on the other, out of sudden conjunctions
of circumstances, hostile to the safety of the people,
which could only be met by laws to be put in force
at once. In propounding the basis of a new charter
in 1675, Morryson, Ludwell, and Smith, the agents of
Virginia in England during that year, declared that
the inhabitants of the Colony entertained no objection
to the King's exercising the right of veto provided that
his disapproval of a law was signified to the General
Assembly within the first two years following its pas-
sage. ^ A failure to express that disapproval before
the end of this period, they urged, ought to be taken
as a sign of assent; and such was the rule which re-
mained in force until the close of the century.^

In order that the King might be informed of the
tenor of new laws at the earliest moment practicable,
so soon as a session of the General Assembly came to
an end, copies of all its Acts were dispatched to England
by the first ship thereafter setting sail. It seems, as
has been already pointed out, to have been, for many
years, the exclusive duty of the Secretary of the Colony
to forward them, but during later periods, this was

« British Colonial Papers, vol. v., Nos. 22, 23.

* Kening's Statutes, vol. ii., p. 527; Randolph MS., vol. iii., p. 328.

' Beveriey's History of Virginia, p. 191.

The General Assembly 505

also done by the clerk of the House ; and so important
was this duty considered to be, that duplicate copies
of the laws were generally sent, addressed either to
the Privy Council, or to the Board of Trade and Plan-
tations.^ Howard was instructed in 1685 to have
similar copies transmitted within three months after
the General Assembly adjourned; and he was also
required to accompany them with recommendations
as to such alterations as he considered to be advisable.
The same order was given to Andros at a later date.^
This Governor, in 1698, offered an apology to the
English Secretary of State for "ye rude dress ye laws
were put in." It was impossible, he asserted, to
forward them in a handsome form, since there were
neither towns nor tradesmen to supply what was
needed.^

So soon as the Acts of the last General Assembly
reached the hands of the Board of Trade and Plan-
tations (to which they were, as a rule, first consigned),
they were submitted by that body to the Attorney-
General for his opinion as to their validity from a legal
point of view. The statutes relating to trade and the
royal revenues, if open to no legal objection, were then
submitted to the Commissioners of the Customs, who
had to decide whether they were repugnant to the
commercial and financial interests of the kingdom;
such Acts, for instance, were those passed to encourage

1 In 1638, Secretary Kemp sent to England a report of the Pro-
ceedings of the General Assembly, with copies of the most recent
laws which that body had adopted. Secretary Spencer frequently
followed this example; see, for an instance of the performance of
this duty by the clerk, Colonial Entry Book, 1681-85, p. 308.

2 Colonial Entry Book, 1685-90, p. 24; B. T. Va., 1692, Entry
Book, vol. xxxvi., p. 109.

» B. T. Va., 1698, vol. vi., p. 361.

5o6 Political Condition

town building in Virginia, to promote the growth of
woolen and linen manufactures there, and to prohibit
the exportation of iron, wool, and skins. ^ Having
first taken time to consider the probable effect of
such new laws, the Commissioners were then required
to attend a meeting of the Board of Trade, and in
person to report their conclusions. In general, they
were unfavorable to such laws, and advised their
annulment. 2 Sometimes, however, they suggested
important modifications only; and their recommen-
dations were transmitted by the Board of Trade to
the General Assembly to guide that body in reframing
the Act disapproved of in part. Until this was done,
the operation of the original Act was suspended.^

Should the Attorney-General decide that the statute
submitted to him for his opinion ought to be repealed
because invalid from a legal point of view, an order
was dispatched to the Governor to issue his proclama-

» B. T. Va., Entry Book, vol. xxxvi., p. 238; Colonial Entry Book,
vol. 1681-85, p. 4.

2 The following gives the reason on which their recommendation
of annulment was generally based : ' ' Whereas in the Act of Trade,
it is declared that in regard his Majesty's Plantations beyond seas
are inhabited and peopled by his subjects of this his Kingdom of
England for maintaining a greater correspondence and kindness
between them, and keeping them in a firmer dependence upon it,
and rendering them yet more beneficial and advantageous unto it
in the further employment and increase of shipping and seamen,
vent of English woollen and other manufactures and commoditys,
rendering the navigation to and from the same more safe and cheap,
and making this Kingdom a staple, not only of the commoditys
of the Plantations, but also of the commoditys of other countries
and places for the supplying of them, &c," to all or some of which
the measure passed upon was declared repugnant; see Colonial En-
try Book 1681-85, p. 242.

3 See Andres's Proclamation to that effect in Essex County
Records, vol. 1692-95, p. 282, Va. St. Libr.

The General Assembly 507

tion at once announcing that the statute had been
annulled; and this was also the course pursued when-
ever the Commissioners of Customs condemned a law
of the Colony as repugnant to the commercial interests
of the realm. 1 On one occasion, Culpeper, by a single
proclamation, repealed as many as six Acts of Assem-
bly, which had failed to receive the approval of the
English authorities. 2 Every proclamation of this
kind, with a view to ensuring its publicity, was read
at least once from the bench during the sessions of
the different county courts; from the pulpits of all the
churches and chapels-of-ease after the congregations
had assembled; and publicly at the several musters
of the militia.^

> The order required the Governor and Council to instruct the
Attorney-General of the Colony to draw up a proclamation signi-
fying the King's wishes as to the Acts disapproved of; see B. T.
Va., 1692, No. 128.

2 British Colonial Papers, vol. xlv.

3 See for an instance York County Records, vol. 1694-7, p. 23,
Va. St. Libr.

CHAPTER XXXI
General Assembly : Revised Acts

AT various times during the Seventeenth century,
the laws of the Colony were subjected to a
careful review. An instance of double re-
vision occurred in 1656, when the General Assembly
directed that the statutes, which had been revised
aheady at least once, should be "digested into one
volume." This was really an attempt to codify the
Acts in the most succinct form of which they were
capable. 1 About twelve years afterwards, the same
body adopted a resolution calling for a complete re-
view of the entire text of the Colony's laws, the object
of which seems to have been of a twofold nature: —
first, to purge the statute book of all Acts no longer
of use; and secondly, to remove all those serving to
keep alive recollection of the Commonwealth and the
former supremacy of the King's enemies. The pre-
amble of this resolution stated that so many and such
sudden changes of government had followed in conse-
quence of the late distractions, and so many alterations
of the statutes had accompanied these changes, that
the people were in a state of bewilderment as to what
ordinances they should obey, and the judges as to
what offences they should punish. The aim of the

> Hening's Statutes, vol. i., p. 427.

508

General Assembly : Revised Acts 509

new revision was to follow the laws of England as
closely as the "capacity and constitutions" of Vir-
ginia would permit. The chief part in this important
work seems to have been performed by Col. Francis
Morryson, with whom was associated Henry Ran-
dolph, a citizen who had enjoyed an extended
experience both as a clerk of court and as an at-
torney. ^ As these revised statutes were printed,
they were popularly referred to as the "Printed
Laws. "2

The collection of statutes known as "Purvis's Laws"
was printed sometime previous to 1684. In the spring
of that year, the House Committee on Propositions
and Grievances submitted a report on this collection,
in which they pronounced it to be "very false and
imperfect"; and in consequence of this condemnation,
the Burgesses requested the Governor and Council
to suppress the volume. It had been published by
Captain John Purvis, commander of the ship Duke of
York, who had imported into the Colony a large
number of copies for sale, a fact which aroused the
warm indignation of the Assembly; in a short time, he
was summoned to appear before that body to answer
for his "misdemeanour" in issuing, without first pro-
curing a license, a book of such great importance.
The Burgesses declared that, in its existing form, it was
well calculated to bring "scandall and contempte"
on the administration of the Colony's affairs; and the
Governor and Council seem to have shared this opinion,

» See Beverley's History of Virginia; also Campbell's History of
Virginia, p. 254.

2 Among the articles sold at outcry by the Widow Creed in 1668
was the Printed Lawes of Virginia; see Surry County Records,
vol. 1645-72, p. 342, Va. St. Libr.

5IO Political Condition

for they promptly published an order that no county
court would be permitted to use the book.i

The need of a careful revision of the laws soon became
pressing. About 1687, a select committee, composed
of Secretary Spencer and Colonels John Page and
Philip Ludwell were appointed by the Governor and
Council to carry out this important work ; which seems
to have been done with energy, for in October of that
year, their report was submitted; but its immediate
consideration was deferred on account of the sickness
of two of the commission's members. Before the end
of the following year, their revision had been adopted
by the General Assembly, and a copy had been handed
to the Board of Trade and Plantations in England by
Howard in person. 2 This copy passed through the
press soon after its arrival in England. In May, 1691,
the Council in Virginia appropriated for the benefit
of Colonel Page fifteen shillings in return for a printed
volume of these revised Acts, and also for a collection
in ordinary handwriting of all laws framed after the
revision had been made. It is probable that Page had
undertaken the task of codifying these supplementary
statutes, for the transcription of which Alexander
Boneman and Mr. Edwards were paid four pounds
and one pound sterling respectively.3

Apparently during the early part of 1692, complete
sets of the Colony's laws, carefully digested and ac-
curately written out, were dispatched to England, where
they seem to have been printed immediately after they
had been examined and approved by the authorities.

» Minutes of House of Burgesses, April 16, 1684, Colonial Entry-
Book, 1682-95, p. 134. The Governor and Council in interfering
were, no doubt, acting in their capacity as the General Court.

2 Colonial Entry Book, 1680-95, PP- 255, 311.

3 Minutes of Council, May 11, 1691, B. T. Va., 1691, No. 29.

General Assembly : Revised Acts 511

This codification, however, did not give entire satis-
faction in Virginia, for, in March, 1692-3, Richard
Lee, the elder William Byrd, John Lear, and Edward
Hill, members of the Council at that time, were nomi-
nated to confer with a similar committee to be ap-
pointed by the House, on the subject of the revision
of the existing statutes.^ This action led to nothing
previous to May, 1695, for, in the course of that year,
a number of other conferences were held and many
suggestions were made having the same general object
in view. It was proposed by the Governor and Coun-
cil, for instance, that the joint committee should be
composed of three Councillors and four Burgesses, a
quorum to consist of one Councillor and three members
of the House; that this committee as a whole should
convene at Jamestown; and that each of its members
should receive a daily stipend of fifteen shillings. The
House declined to give its assent to this proposition;
but a few days later, selected six of its own number
to act as revisors at a salary respectively of one hundred
and thirty pounds of tobacco daily. These six com-
mittee-men had obtained the highest number of votes
when the question as to who should be appointed was
submitted to the suffrage of the members. 2

Practically, nothing was accomplished at this time,
for only two years afterwards, the Board of Trade and
Plantations, in a letter to Governor Andros, commented
with severity on the disorder and contradictions into
which the laws of Virginia had been permitted to fall;

1 Minutes of Assembly, April 5, 1692, Colonial Entry Book,
1682-95; Minutes of Council, March 17, 1692-3, Colonial Entry
Book, 1682-Q1;.

2 Minutes of Assembly, May 2, 8, 14, 1695, Colonial Entry Book,
1682-95.

512 Political Condition

it is possible that the Board formed this impression
from an examination of the revis'ed statutes probably
sent to England after the work of the committees
of 1695 had been completed. They pointedly criti-
cized the recent course of the Colony's authorities in
dispatching copies of the Acts in separate parcels, each
copy representing only a part of those in operation,
instead of forwarding copies of the whole body of Acts
at that time in force. Andros was instructed to send
over a complete set of the laws then in existence, with
recommendations as to their alteration in whatever
particulars should appear to him to require a
change. ^

So urgent had a review of the laws become by 1699
that the General Assembly, in the course of that year,
was called together in special session to make the neces-
sary provision for the work. When the body met,
Nicholson having first addressed it respecting the pur-
pose of its convening, the question came up as to what
should be the representation of each chamber on the
committee to which the task of revision was to be
assigned. The House proposed that the Council should
nominate three of the members, and the House itself
six; and this suggestion seems to have been accepted
after some debate. No action could be legally taken
by this body in framing the laws unless two Councillors
and four Burgesses participated, but any three of
its members were impowered to summon witnesses,
and to send for papers and copies of records. All
citizens who happened to be in possession of documents
relating to the first settlement of the country were
requested to submit them to the examination of the

' See the Board of Trade's Letter to Andros, dated Sept. 2,
1699, B. T. Va., Entry Book, vol. xxxvii., p. 86.

General Assembly: Revised Acts 513

committee; and anyone whatever was at liberty to
come before that body while in session, and make
suggestions as to alterations in the laws then in force.
Perfect freedom of speech at the committee's sittings
was allowed by the special order of the Governor.
This important work was entrusted to Miles Gary,
John Taylor, Robert Beverley, Anthony Armistead,
Henry Duke, William Buckner, Bartholomew Fowler,
and Benjamin Harrison, Jr.i

As early in the community's history as 163 1-2, the
Acts of the General Assembly were required to be
published in one form or another in all parts of the
Colony. The ordinary course adopted was for the
justices of each county at the first term of their court
following the close of a session, to read aloud themselves
or to cause to be read aloud by the clerk, copies of the
whole number of laws passed at that session ; and these
copies were afterwards filed away, but were always
open to the perusal of anyone who wished to examine
them. 2 The minutes contained in many of the original
records show the presence in the clerk's offices at that
time of such copies; for instance, among the papers
received by Mr. Hill, the new clerk of Surry, in 1673,
were the "printed and written Acts of Assembly."^
One of the most frequent expenses entered in each
county's annual levy was that incurred in the purchase
of a transcript of the laws passed by the last General
Assembly; and the cost of this transcript amounted

' Minutes of Assembly, May i8, 1699, B. T. Va., vol. Hi.; Revisal
of Va. Laws, 1699, B. T. Va., vol. Hi. ; Letter of Governor Nicholson,
July, 1699, B. T. Va., vol. vn.

2 Hening's Statutes, vol. i., p. 177; see also Henrico County
Minute Book, Orders May 16, 1692; Essex County Records,
Orders April 10, 1693.

3 Surry County Records, vol. 1671-84, p. 71, Va. St. Libr.

514 Political Condition

always to a considerable sum.^ Occasionally, the full
text of a statute was spread on the minutes of the
court's proceedings, and thus formed a part of its per-
manent records. 2

1 See Essex County Records, Levy, Nov. ii, 1695.

2 Essex County Records, vol. 1692-95, pp. 15 1-3, Va. St. Libr.

CHAPTER XXXII
General Assembly: By-Laws and Agents

THE General Assembly was, from an early date,
impowered to grant to each county the right
to adopt by-laws for the administration of its
local affairs. This was perhaps first suggested by the
remote situation of the region of country known as
the Eastern Shore, for it was apparently to the Eastern
Shore alone that this important privilege was allowed
in the beginning. In 1655, the people of Northampton
county, which at the time embraced all that part of
this peninsula lying within the bounds of Virginia,
acquired in this manner the right to "constitute laws
and customs among themselves, and to proceed therein
according to their own conveniences not repugnant
to the laws of England."^ Five years afterwards, the
inhabitants of Gloucester were impowered to pass from
time to time whatever ordinances they should think
necessary to their success in pursuing and recovering
runaway servants. 2 All counties and parishes in-
capable of being made subject to the scope of a general
Act without detriment to their welfare, were, in 1662,
permitted to pass by-laws better calculated to meet
their peculiar wants. Such by-laws, which were to

1 Randolph MS., vol. iii., p. 261.

2 Hening's Statutes, vol. ii., p. 35.

VOL. 11—33 5^5

5i6 Political Condition

be as binding as the statutes framed by the General
Assembly, only became operative after they had re-
ceived the approval of a majority of the voters residing
in the districts to which alone they were designed to
be applicable.^ One year after this power was granted,
Northumberland, a county divided from Mar34and
merely by the Potomac River, and, therefore, offering
unusual facilities to discontented servants to escape,
adopted a very strict by-law respecting the liberty
hitherto allowed persons of this class to leave their
master's plantation from time to time.^ Northampton
followed its example by drafting more stringent regu-
lations touching the branding of cattle. The manner
in which this was done was perhaps the one generally
observed at this period on the Eastern Shore: the
commander of every company of militia belonging to
the county was ordered to assemble his men and to
inform them in a body that a certain date and a certain
place had been chosen for the passage of the proposed
by-law; the company was then to proceed to elect two
of its members, who, at nine o'clock on the morning of
the day designated, were to present themselves at the
place appointed, usually the county seat, and there
unite with the justices in framing the desired measure.
It is possible that this by-law was afterwards submitted
to the popular voice for acceptance or rejection. ^

1 Hening's Statutes, vol. ii., p. 171.

2 Northumberland County Records, vol. 1652-66, p. 189.

■5 Northampton County Records, vol. 1664-74, folio, p. 5. In
1677-8, each county was authorized to pass by-laws relating to
the destruction of wolves; see Colonial Entry Book, 1676-81,
p. 163. During the same year, by the authority of the Act of 1662,
Middlesex county passed a by-law to prevent the striking of fish,
as this method wounded more than it killed, and it diminished the
run in the creeks; see Middlesex County Records, vol. 1673-80,
folio, p. 97. In 1685, Captain Thomas Chamberlaine, of Henrico,

General Assembly: By-Laws and Agents 517

In the course of 1679, the General Assembly laid
down a special rule touching the manner of framing
by-laws, the right to pass which had been again re-
newed in favor of all the counties : every parish in the
Colony was authorized to choose, by the votes of a
majority of its freeholders and householders, two
representatives, who, having taken their seats on the
bench of the county court, were to possess an equal
voice with the justices in the adoption of such laws.
Should a county embrace but one parish, four repre-
sentatives were to be elected; and if it contained
chapels-of-ease, then each of these places of worship
was apparently impowered to choose an additional
representative. It would seem that the decisions of
this joint body were not required to be submitted to
the people for approval.^

The burden of maintaining forts and other means
of defence along the line of frontier led, about this
time, as already stated elsewhere, to the adoption of
certain offers made by private citizens with a view
to the protection of that line in return for certain im-
portant advantages granted them; the chief of these
was the bestowal of considerable areas of land, with

was charged with the illegal detention of a mare, "To wch he
replys that he took her up and still keeps her, supposing her his
own, that he hath brought her to public view at Pucker's Gutt as
ye by-law of this County enjoyns"; see Henrico County Minute
Book, 1682-1701, p. 120, Va. St. Libr.

1 Hening's Statutes, vol. ii., p. 441. In 1681, Accomac was repre-
sented by six persons in addition to its justices in the making of
its by-laws; this was because there were two chapels-of-ease situated
in the county; see Records, vol. 1678-82. It would seem that,
in 1666, the vestry of the single parish at that time embraced in
Accomac met at the county seat and united with the justices in
passing such laws as were thought necessary; see also Lower
Norfolk County Antiquary, vol. v., Part I., p. 27.

5i8 Political Condition

the right to the beneficiaries, among other privileges,
to pass by-laws for the government of the settlers;
but in framing such laws, the principal grantee of
each tract was required to be associated with two
members of the nearest commission, and also with six
representatives chosen by the inhabitants of the par-
ticular district. One of these tracts was situated at
Rappahannock Fort, and the other at the Falls of the
James; the first, under the control of Major Lawrence
Smith; the second, of Col. William Byrd.^

Howard was, in 1685, ordered to see to the passage
of an Act requiring that every by-law, before it could
become operative, should receive the approval of the
Governor and Council; but the General Assembly
apparently only consented to obey after the King had
expressly disallowed a statute in which no such pro-
vision was inserted. 2 The objection of that body to
the change probably had its origin in the feeling on
the Burgesses' part that, as the right to pass by-laws
granted to the counties was a mere delegated right
of the General Assembly itself, which embraced the
Governor and Council sitting as the Upper House, it
seemed to be confining to one chamber the right of
approval or disapproval which really belonged to
both chambers. Nevertheless, the counties, under
this altered law, continued to pass by-laws; and such
laws continued to relate generally to means of protecting
property, such as the destruction of wolves, the con-
finement of wild horses, and the like.^

' Hening's Statutes, vol. ii., p. 448. As already stated elsewhere,
it is probable that this Act was disallowed in England.

2 Colonial Entry Book, 1682-95, p. 180; ibid., 1680-95, P- 221;
ibid., 1685-90, p. 52.

3 Northumberland County Records, vol. 1678-98, p. 568; Min-
utes of Assembly, May 7, 1695, Colonial Entry Book, 1682-95.

General Assembly : By-Laws and Agents 519

The power delegated to certain persons in the coun-
ties to represent the General Assembly in passing
by-laws was not more important than the power
delegated to special agents in England to represent
the same body in procuring various advantages for
the benefit of the Colony. One of the earliest instances
to occur was that of John Pountis, a member of the
Council, who, when he was about to set out for London
in February, 1623-4, was requested to press the peo-
ple's general needs on the attention of the King; and
in return for such an important service at so critical
a moment, he was to receive, towards the expenses
of his long journey, four pounds of tobacco for every
male tithable to be found at this time in Virginia.
The whole sum was to be raised by a public levy.^
A similar tax was imposed in 1639 in order to reward
the care, and pay the expenses, of agents of "quality
and experience," engaged in watching the Colony's
interests, apparently in England. 2 A generation later,
Sir Henry Chichely, the Deputy-Governor, reluctantly
admitted that the agents who, from time to time, had
been employed by the General Assembly in London,
had failed to rise to the public expectation, either
through unskilful management on their part, or
through the little influence possessed by the persons
they had engaged to assist them.^

In spite of the smallness of the results of previous
missions, which perhaps arose more from the selfish
obduracy of the English Government at this time than
from the inefficiency or supineness of the agents them-

1 Hening's Statutes, vol. i., p. 127; British Colonial Papers,
1624-5, No. 9.

2 Robinson Transcripts, p. 232.

3 British Colonial Papers, vol. xxx., No. 51.

520 Political Condition

selves, the General Assembly, about 1674, had recourse
to the same means as the only hope of securing a
revocation of the royal grant of Virginia to Arlington
and Culpeper made in the course of the year before.
The first step of that body towards creating a fund to
cover all the charges in sending agents to England was
to lay a tax of fifty pounds of tobacco on every tithable
during two years in succession; and to this sum was
added a fine of from thirty to fifty pounds imposed on
every person defeated in a suit in a county court, and of
from fifty to seventy pounds should his case have been
brought in the General Court. ^ Col. Francis Morryson,
Thomas Ludwell, and General Robert Smith were
nominated to represent the Colony in this mission;
and they were also instructed to obtain the grant of
a general charter, as a permanent guarantee of all
those rights, liberties, privileges, and properties which
had been bestowed from time to time. All hope of
accomplishing the great objects in view was dashed
by the Insurrection of 1676.

Jeffrey Jeffreys was, in 1691, appointed to serve
as the agent of Virginia in London. In a general way,
his duty was to consist of representing the Colony "in
all public concerns" relating to it which might arise
from time to time in the Mother Country. There were,
however, certain special purposes to be carried out
by him if possible; and should he foresee any difficulty
in doing so, he was authorized to secure the counsel
of a competent lawyer, and the assistance of men of
note and quality who were influential at Whitehall:
first, he was to lay before the King and Queen the dif-
ferent addresses framed by the General Assembly for

' TLening's Statutes, vol. ii., pp. 313-14.

General Assembly: By-Laws and Agents 521

presentation to them; secondly, he was to procure
from the EngHsh archives copies of all the charters
granted to Virginia in the past, and of every series of
instructions given to its Governors in succession;
thirdly, he was to obtain a new charter in confirmation
of all previous rights and privileges bestowed on the
people of the Colony; fourthly, he was to petition the
two monarchs to refrain from making any gift of
territory in Virginia without first consulting the Gen-
eral Assembly's wishes by communicating directly
with that body, or with its agent in England; fifthly,
he was to seek the restoration of the Northern Neck to
the Crown's control as the first step towards placing
that part of the Colony on the same footing as the re-
maining counties. In return for devoting his time
to the accomplishment of these different objects,
Jeffreys was to receive a grant of two hundred pounds
sterling. 1

When an address of exceptional importance was to
be presented to the throne, it was the General Assem-
bly's custom to dispatch a special envoy, with the
document in his custody, to London. In 1696, the
younger William Byrd was sent with such a document,
and with him, in this honorable mission, was associated
Mr. Povey.2

« Minutes of Assembly, May 22, 1691, B. T. Va., No. 23.

2 The Governor's consent had to be obtained to give validity
to an address framed by the House for presentation to the King;
see Hartwell's Replies to Inquiries of English Commissioners,
B. T. Va., 1697, vol. vi., p. 145.

CHAPTER XXXIII
Taxation : General History

NO regular system of taxation seems to have been
in operation in Virginia previous to 1619, the
year in which the first Assembly met and the
self-government of the community really began. Down
to 161 7-18, the Colony was practically a single plan-
tation owned by the London Company, and supported
by the appropriations made by that body from time
to time. It was the Company which bore the expense
of the salaries paid the different officers, including the
Governor and Secretary. From year to year, the
hope was entertained that the income from the coun-
try's various resources would soon remove from the
corporation so heavy a burden. One of the noblest
indications of the broad public spirit and far-sighted
beneficence guiding it in its relations with the settle-
ments oversea was the provision made in 16 18 for
the inhabitants' indefinite relief from every form of
public taxation; this provision consisted of assigning
tracts of fertile land, very conveniently situated, for
the particular support of each important officer asso-
ciated with the government of the Colony, thus
rendering unnecessary any public levy for his main-
tenance. ^ The area as a whole spread over at least

> Instructions to Yeardley, 1618, Va. Maga. of Hist, and Biog.,

522

Taxation : General History 523

thirty-one thousand acres; and in order to turn this
ground, still in its virgin condition, to the highest
advantage, the Company took immediate steps to
send out to Virginia a large number of tenants and
agricultural servants to engage in working the soil
of each tract.

The dream of establishing a free community over-
sea, which would never be called upon to bear the
heaviest burdens of public taxation, was only too
soon dispelled. One of the influences leading to this
sprang from the Massacre of 1622, an event that
decimated and dispersed the inhabitants of the tracts
of land set apart for the support of the different public
officers. But even if this catastrophe had never oc-
curred, general taxation (small at first, perhaps),
would have been gradually introduced. The necessity
of erecting fortifications seems to have caused the first
imposition of a formal tax. The tax levied for this
purpose amounted, it would appear, to five per cent,
of every hundred represented in the value of each
estate.^ The necessity of placing a garrison in each
newly constructed fort led to the imposition of the sec-
ond formal tax. It was required by law in 1623 that
every citizen failing to contribute "to the finding a
man at the Castle" should pay for himself and his
servants, a sum of five pounds of tobacco a head;
and a very short time afterwards, a tax of ten pounds
was levied on every tithable above sixteen years of age
for the purpose of maintaining a corps to harry the

vol. ii., p. 155. The term "public taxation" is used in contra-
distinction to "parish taxation" and "county taxation" — see
Chapter xxxiv., for the difference between the public, parish, and
County levies.

' Va. Hist. Soc. Coll., vol. vii., p. 44.

524 Political Condition

Indians. 1 It was now only too clearly perceived that
the subject of public taxation was certain to become
of great importance; and the General Assembly soon
adopted a regulation which, as we have already seen,
was enforced with extraordinary strictness throughout
the remainder of the century, namely, that no Governor
should presume to lay a tax on the lands and com-
modities of the people without the express authority of
the House of Burgesses itself; and all sums so procured
were to be expended only in such manner as that body
should prescribe. 2 This regulation was renewed in
163 1-2, at which time the Council was also included
in the scope of the law^ ; and again in 1642-3*; and still
again, in 1645.^

Six years later, when the Colony submitted to the
power of Parliament, it was expressly stipulated in the
articles of surrender that no tax, custom, or imposition
of any kind should be laid on the Virginians without the
consent of the General Assembly.^ During the period
immediately following, the Governor and Council were
still without the legal power to lay a tax of their own
motion; when they assumed this power, apparently
without permission, it is quite certain that they were
acting under a general authority previously given
them . In 1 6 5 5 , Governor Digges issued a proclamation
in which, after declaring that the public levy was the
only matter of business at that time to justify him in
summoning the Assembly, and that the convening of

1 Hening's Statutes, vol. i., pp. 127, 128.

2 British Colonial Papers, vol. iii., No. 9; Hening's Statutes,
vol. i., p. 124.

3 Randolph MS., vol. iii., p. 218.

* Laws of Virginia, 1642-3, p. 3, Clerk's Office, Portsmouth, Va.
^Va. Maga. of Hist, and Biog., vol. ii., p. 66.
6 Randolph MS., vol. iii., p. 243.

Taxation: General History 525

that body would, impose a heavy expense on the
Colony, he went on to announce that, in harmony with
the advice of leading citizens consulted by him, the
Council and himself now gave a general order to the
counties to levy a tax of ten pounds of tobacco on every
tithable residing within their respective limits. The en-
tire quantity collected in each county was to be left in
the custody of the justices of its court, there, with the
exception of what was disbursed for salaries, to remain
until the next Assembly should give directions for its
distribution.^ Five years after this proclamation ap-
peared, the Governor and Council were authorized by
the House to lay and also to proportion the public levy
for the following twelve months; but this seems to have
been purely formal, as the House itself had already
issued instructions as to what public expenses should be
paid. The tax to be imposed was required not to ex-
ceed twenty pounds of tobacco a head. The grant in
this case to the Governor and Council of the power to
lay the levy was designed to do away with the cost of
calling the Assembly together, a charge which, at this
time, exceeded all the other public burdens united.
It was expressly provided in the Act that this power
should expire at the end of three years; or even earlier,
should the Assembly meet in the interval. The con-
tinued desire to avoid public expense led to the re-
newal of the law. 2

The Governor and Council, having been granted the
right to impose a public tax subject to certain restric-
tions laid down by the Assembly, were, not unnatu-
rally, eager to acquire this right independently of that

> This proclamation is recorded in Northampton County Records
vol. 1654-5, p. 109.

' Hening's Statutes, vol. ii., pp. 24, 85.

526 Political Condition

body's consent; and as a justification for its unreserved
bestowal on themselves, they offered the specious
reason that it would do away with the necessity of the
House meeting so often merely to lay the levy, a step
that always imposed a heavy expense on the Colony
owing to the salaries to be paid the Burgesses during
the course of a session. It is no ground for surprise to
find that the most energetic effort to secure this right
was made by the Governor and Council so soon after the
Restoration as the General Assembly had had time to
purge its membership of all persons associated with it
during the period of the Commonwealth. Berkeley,
in 1666, endeavored to induce this body to allow two
or more Councillors to join with it in laying the levy and
distributing the sums raised by this means; but the
House, warmly resenting the suggestion, declared that
it was the privilege of itself alone to lay the levy, and
that it would not acknowledge the power of the Gover-
nor and Council to participate in the function unless
specially authorized to do so by an Act of Assembly.
These officials were forced to content themselves with
this restriction, and to express their willingness to adopt
it as " a rule to walk by."i

Culpeper was as anxious as Berkeley to obtain for
himself and his Council the right of imposing taxes
independently of the Assembly. He advocated the
establishment of a permanent tax of twenty pounds
of tobacco a head, which the Governor and Council
should be impowered to levy without calling the House
of Burgesses together, 2 or apparently without first
obtaining its consent. His recommendation came to
nothing, though earnestly supported by several Coun-

1 Hening's Statutes, vol. ii., p. 254.

2 British Colonial Papers, vol. xlvii., No. 105.

Taxation: General History 527

cillors of great influence. For instance, Secretary-
Spencer, writing to the Board of Trade and Plantations
in March, 1682-3, declared that the Government in
Virginia possessed no fund with which to defray the
charges of administration unless the House had first
voted the amount needed; that formerly the Governor
and Council were impowered to impose a tax not
exceeding thirty pounds of tobacco a tithable ; and that
such a provision was entirely reasonable, as the cost
of an Assembly summoned merely to appropriate money
very frequently exceeded the total sum required to pay
all the other public expenses. ^

Howard raised an even louder protest against this
powerlessness to impose an independent tax. In a
letter to the Board of Trade and Plantations, dated
February 10, 1685-6, he stated that the House of
Burgesses had declined emphatically to give the Gov-
ernor and Council the right to lay the smallest levy,
although at one time such a right had been enjoyed
by them. "Nothing has prevailed," he adds, "nor I
believe will unless his Majesty's special command
therein." How keenly the House resented Howard's
attitude was shown by their refusal to add twenty-
four soldiers to the number which that Governor had
thought of equipping; and they also declined to agree
to pay the expenses of any body of troops which the
Governor and Council should order to be raised for the
defence of the country. 2 The House at this time was in
such a suspicious mood that it would not authorize the
Governor and Council to levy a tax even for the erec-

• Colonial Entry Book, 1681-5, p. loi.

2 Ibid., 1685-90, pp. 95, 126. Howard closed his letter with the
remark that "so many took liberty of speech upon the rebellion
of the late Duke of Monmouth that I was fearful it would produce
the same here. "

528 Political Condition

tion of a small building like the Governor's projected
mansion.^ And so great was that body's opposition
to the slightest encroachment on its right of taxation,
that, in 1691, it offered strong objection to the items
inserted in a list of expenditures which the Council,
sitting as the Upper House, had directed to be incurred,
such as the fees of messengers dispatched in the coun-
try's service to Maryland, Pennsylvania, and New York,
and also the larger salary granted for the benefit of the
clerk of the Upper House. These payments, it seems,
only became legal after the House had approved them. 2
An additional proof of the same feeling in the Bur-
gesses will be found in two Acts passed in the course of
1692. The General Assembly had imposed a duty on
liquors, which, for some time, had brought in annually a
sum of about one thousand pounds sterling. This
amount was chiefly expended for military purposes.
Aware of this fact, the Burgesses authorized the Gover-
nor or Commander-in-chief to enroll troops such as would
be sufficient in number to offer a successful defence of
the Colony in case of an invasion. Had the two laws —
the one providing for the tax on liquors, and the other
for the muster of the militia for special occasions — been
perpetual as to time, the Governor and Council would,
to that extent, have been rendered independent of the
House, for they could have raised troops from year to
year without any further authorization, and would have
had an ample fund for the payment of their expenses.
The Assembly, fearful of the possible consequences of
such independence, expressly declared that each of
the two statutes should be temporary in its scope, a

> Minutes of Assembly, Nov. 2, 1685, Colonial Entry Book,
1682-5.

2 Minutes of Council, May 16, 1691, B. T. Va., 1691, No. 29.

Taxation: General History 529

fact which would compel the Governor to summon the
House at frequent intervals. " If we give away ye
power of levying and maintaining at ye country's
charge such an armed force without any limitation of
time," they stated, "there would be no more creation
for Assemblies because the Governor may do what he
pleased without them.''^

The firmness of the Burgesses was proof even
against the English Government's strong disapproval.
One of the instructions given to Howard in 1685 was to
see that the General Assembly passed a law authorizing
the Governor and Council to impose a tax, not exceed-
ing a certain amount, to defray all public charges; and
directing the same officials to account to the House
for its expenditure. The object apparently was to
confer on these officials a permanent right to lay the
levy, the first step to complete independence in this
respect of all interference on the Burgesses' part.
This recommendation, or rather order, for it was no
less in substance, not having obtained a very favorable
hearing in the Colony, it was, in 169 1-2, renewed in
the instructions given to Andros; and now, as had so
often been the case before, the justification advanced
for bestowing on the Governor and Council the taxing
power was that it would certainly relieve the country
of the burden of too frequent Assemblies, 2 a fact that

> Memorial about College, B. T. Va., 1692, No. 118.

2 Instructions to Howard, 1685-90, p. 37; see also Instructions
to Andros, B. T. Va., Entry Book, vol. xxxvi., p. 123. That the
right of taxing which it was proposed to confer on the Governor
and Council was intended to be permanent is shown by the wording
of the Instructions: Andros was ordered to use his "best endeavours
that a law be passed empowering the Governor and Council for
the time being to raise as there shall be occasion a general levy or
tax for the better support of the Government. " They were merely
to account to the next Assembly.

VOL. II — 34

53° Political Condition

would have been conclusive with the Burgesses them-
selves as to the advisability of the law had they not
very rightly been afraid of establishing a principle,
which, in the hands of unscrupulous officials, might
be used to curtail seriously the power of the House and
to diminish the people's freedom. Again there was no
satisfactory response. Refusing to be discouraged, the
Board of Trade and Plantations instructed Nicholson,
when he was appointed to the Governorship, to renew
the recommendation, still on the same ground. The
Burgesses, apparently worn out by a repetition of the
request, and the reason offered in its support, replied
with unconcealed impatience : '" We are of opinion that
the holding of Assemblies to defray the charges of this
his Majesty's Colony and Dominion is not at all burthen-
some or grievous to the inhabitants hereof, and that
any other method of laying ye same would be very
unjustifiable to the circumstances of this Dominion,
and uneasy and inconvenient to the inhabitants. ' ' ^ No
further suggestion of a change was made by the English
Government during the brief interval preceding the
end of the century.

The House of Burgesses, as the representatives of the
people, never failed, when the occasion called for it,
to insist upon their right to be taxed only with their
own consent. They were merely loyal to the spirit of
their whole past when they instructed their agents in
England, Morryson, Ludwell, and Smith, — dispatched
thither, about 1674-5, for the purpose of securing a
general charter, — to have this right acknowledged and
embodied in the text of that instrument; and if there
was a disposition on the English Government's part to
question it, to see that this doubt was dispelled before

' Minutes of Assembly, June 2, 1699, B. T. Va., vol. Hi.

Taxation: General History 531

they proceeded to less important demands. The lan-
guage used by the Burgesses in outlining the petition
to be presented by these agents is especially memorable
in the light of the great events occurring in the next
century as the result of a firm refusal on the Americans'
part to yield this same right : " It is humbly conceived
that, if his Majesty deduce a Colony of Englishmen by
their own consent, or license or permit one to be de-
duced, to plant an uncultivated part of the world, such
planters and their heirs ought to enjoy by law in such
plantation the same liberties and privileges as English-
men in England, such plantations being but in the
nature of an extension or dilatation of the realm of
England, — that King James did by the charter to the
Treasurer and Company declare that their descendants
bom in Virginia would be taken as natural-born sub-
jects of England, — that neither the present King, nor
any of his ancestors or predecessors, had ever offered to
impose any tax upon this plantation without the
consent of his subjects there. "^

In the remonstrance which they drew up when the
grant of the charter was practically refused, the agents,
with emphasis, declared that it was the right of the
Virginians, as well as of all other Englishmen, " not to
be taxed but of their own consent, expressed by their
representatives." 2 Throughout the negotiations, they
had, in accord with their instructions, reiterated the
assertion of this right in language not less firm because
moderate and guarded: — "we hope," they said, "that
our request will not be deemed immodest when it is
considered that both the acquisition and defence of

• Randolph MS., vol. iii., p. 331; Hening's Statutes, vol. ii., pp.

525-6-

2 Ibid., vol. ii., p. 535.

532 Political Condition

Virginia have been at the charge of the inhabitants, and
that the people at this time were at the expense of sup-
porting not only the Government, but also the Gover-
nor, which occasions their taxes to be very high."^

In the instructions which the General Assembly, in
1 69 1, gave to Jeffrey Jeffreys, the Colony's agent in
London at that time, he was expressly directed to sup-
plicate that no tax should be laid " on any of ye people
of this country," but with the consent of their repre-
sentatives. And the same body, having also declared
that this was simply one of those "equal rights and
privileges" to which the Virginians were entitled as
clearly as if they were "natural-bom subjects of ye
realms of England," begged that they should be gov-
erned "after the same method" as Englishmen; and
that they should have the "full benefit of ye great
charter, and of all other laws and statutes regulating
ye liberties of ye subjects. "^

The momentous principle of the next century that
"Taxation without Representation is Tyranny," so
firmly pressed in substance by William Pitt in the
cause of the large English communities that nei-
ther separately nor collectively possessed a member
of Parliament, and so boldly proclaimed and sup-

> Hening's Statutes, vol. ii., p. 526; Randolph MS., vol. iii., p. 328.
In the Attorney-General's report to the Privy Council on the pe-
tition of Morryson, Ludwell.and Smith, he recommended the grant
of their prayer that no tax should be laid but by common consent
of the Governor, Council, and Burgesses, which he says has "been
heretofore used. " This report was approved by the Privy Council,
but came to nothing; see Colonial Entry Book 1675-81, p. 41. By
"common consent of Governor, Council and Burgesses" was meant
simply that the assent of the Governor and Council was necessary
to the validity of money bills passed by the House.

2 Minutes of House of Burgesses, May 22, 1691, B. T. Va., 1691,
No. 23.

Taxation : General History 533

ported by the American patriots in the defence of their
own interests, had, nearly one hundred years before,
found a voice in the utterances of the Virginia House of
Burgesses. In proportion to population, a stamp Act
passed in 1674 would have raised as great a commotion
in the Colony then as it in reality did do in 1766, for
the public sentiment in which opposition to taxation
without the consent of the people's representatives,
had its origin, was just as strong in the Seventeenth
century as it was in the Eighteenth. The resolutions
of Patrick Henry adopted by the House of Burgesses
in May, 1765, would have had, so far as the principle
involved in them was concerned, just as hearty assent
sixty years earlier, had they been submitted to the
Assembly at that time. There was nothing new in
the spirit exhibited by the House in responding to the
eloquence of the famous Revolutionary orator. The
Burgesses of the Seventeenth century would, with equal
firmness, have rejected the specious defence, suggested
by the subtle brain of a great lawyer, that all classes
and all interests of the British Empire were represented
indirectly, if not directly, in the membership of Parlia-
ment, a claim tacitly admitted by the English them-
selves to be false when, in 1832, they, by passing the
Reform Bill, placed the whole system of Parliamentary
Representation on the footing which the American
Colonists had long before asserted to be the only just
one in relation to taxation.

CHAPTER XXXIV
Taxation: Public and County Levies

THERE were three tax levies, known respectively
as the Parish, the County, and the Public. The
parish levy was laid by the vestry of each
parish; the county levy by the justices of each county;
and the public by the General Assembly.

In a former chapter, I enumerated the usual purposes
for which the parish levy was laid, such, for instance,
as the building of new churches and chapels-of-ease, or
the repairing of old; the purchase of glebes and the
erection of houses on them; and the payment of
the salaries due the clergy, readers, and clerks. The
charges defrayed by the public levy consisted of claims
against the public treasury approved by the House
Committee on Claims. In a general way, they em-
braced the salaries of the Governor and other higher
officers; the fees of the clerks of the General Assembly
and its several committees; the wages of messengers
and door-keepers; the expenses incurred by the militia
whilst engaged in active service; the costs entailed in
issuing writs of election, or in building or repairing the
State-House; the rent to be paid when the Burgesses
or Councillors and the General Court held their regular
sessions or terms in private residences or taverns ; and

534

Taxation: Public and County Levies 535

finally, the charges imposed by the pursuit and arrest
of runaway servants.^

The public levy for November, 1682, offers a fair
example of the particulars usually forming a part of
the public charges. The items which it contained
included the cost to each county of laying off the site
of a new town within its borders; the expense of repair-
ing the forts, and maintaining the garrisons, and also
a certain number of troopers and supernumeraries for
a designated time; the sums due for horses killed or
dying during the progress of a campaign against the
Indians, or while the soldiers were stationed in the
forts; the outlay for the transportation of Indian
prisoners, and for the employment of Indian inter-
preters; the cost of furnishing friendly tribes with
match coats, of conveying persons under indictment for
criminal offences to Jamestown for trial, of transmitting
public letters, of affording medical attendance to men
engaged in the public service, and of impressing boats
and rowers and supplying provisions for their benefit. ^

The expenses met by the county levy were even
more numerous : — in a general way, they embraced the
outlay made necessary in building or repairing court-
houses, erecting prisons, pillories, stocks, and whipping-
posts; maintaining permanent bridges and ferries;
holding coroners' inquests; paying the rewards for the
destruction of wolves; remunerating the Burgesses for
their services, and defraying their charges during their
journey to or from Jamestown, before or after a
session.

1 Beverley's History of Virginia, pp. 203-4; Present State of
Virginia, idgy-S, Section ix. The salaries of the highest public
officers, such as the Governor and the Secretai-y, were also included
in the public levy during the earlier decades of the century.

2 Colonial Entry Book, 1682-95, p. 76.

53^ Political Condition

It will be of interest to enumerate with even more
particularity some of the special items in the levies of
different counties, as perhaps giving a clearer idea of
their varied character. Among the Lower Norfolk
assessments for 1647 there is found an entry for a
"case of drinke," probably supplied to the justices
during a term of court. The entries for 1652 included
the compensation allowed for the impressment of
boats and rowers employed in the county's service;
those for 1662 the grant of a large sum of tobacco to
Richard Whitby in consideration of his " deplorable
condition"; those for 1685, the cost of rum, beer, and
sugar consumed when the accession of the new King
was proclaimed. The Elizabeth City county levy for
1693 made appropriations to cover the expense of
cleaning the court-house building, summoning the grand
jury, procuring a new set of standard weights from
England, sending a special messenger to Jamestown,
and obtaining a full copy of the Acts of the last General
Assembly. Among the items included in the entries
for 1696 were the sums allowed for the encouragement
of linen manufacture, and for the digging of the graves
of paupers who had been supported by the county.
The assessments for 1698 were to meet charges incurred
by private individuals in providing food and lodging
for the county's poor; and also to remunerate carpenters
for erecting two pairs of stocks on the court-green and
benches in the court-room, and for tearing down an
old and dilapidated church edifice.

The items embraced in the levy of York county for
the year 1647 included the expense of maintaining three
ferries for public use; of impressing a boat and rowers
in order to facilitate the journey of persons employed
in performing public services; of providing shackles for

Taxation: Public and County Levies 537

a convicted prisoner, and locks and keys for the county
jail. Among the entries contained in the levy for 1659
were charges incurred for supplying prisoners with
victual, and the justices with liquors. In 1662,
appropriations were made for the erection of a tan
house, and the maintenance of a public ferry at a con-
venient point; whilst the other expenses included the
cost of impanelling a jury, of whipping a female
offender, of providing food and lodgings for the judges
of the General Court, and of conveying their horses
to Jamestown. The levy for 1665 made allowance
for the outlay entailed by the appearance in that court
of ten witnesses from York, who had been summoned
to testify in a case on trial there.

Among the items embraced in the levy for Henrico
in 1677 was the cost of rowing the Burgesses to James-
town. It also included the expense of hiring men and
horses in the public service; of mending the royal
arms; of paying the county ferryman and county
clerk their regular salaries; and of purchasing copies
of the Acts of the last General Assembly. The entries
for 1678 included the charges for maintaining the
public ferry and repairing the county prison. In the
levy for 1682, there was an allowance to meet the cost
of dispatching numerous messages in the pubHc service,
and also of erecting a pillory, whipping-post, and pair
of stocks; whilst amongst the entries for 1684, there was
an allowance for the fees paid the Secretary of the Col-
ony as remuneration for drafting two commissions
for the county justices. A similar item appeared in
the levy for 1686. In the levy for 1687, an appropria-
tion was made to meet the cost of the shackles provided
for a negro criminal, and also the charges for conveying
him by boat to the county seat; and in addition, there

538 Political Condition

was an appropriation for the purchase of glass to be
used in the court-house windows. The entries for 1688
included the charges entailed by the imprisonment of
certain offenders against the law; the entries for 1691,
the cost of a town site, the fees paid for its survey, and
the expense of supplying juries with food during the
term of the court; the entries for 1692, the cost of
repairing the county prison, of purchasing nails and
hinges for use in the court-house, and of making two
pairs of leg and hand irons; the entries for 1694, the
wages for guarding a prisoner, and also the rewards
offered for the manufacture of linen cloth.

In the levy for 1696 in Essex county, certain sums
were allowed for sending an address to Jamestown to
be submitted to the authorities there; for providing the
clerk with the necessary furniture for his office; for
cleaning the interior of the court-house ; and for making
a new door for the prison. The entries in the levy for
1698 included the rewards offered for the manufacture
of linen, the wages paid the custodian of the court-
house, and the fees due the sheriff for extraordinary
services. The ordinary expenses, such as the payment
of Burgesses' salaries, and the like, also constituted a
permanent feature of the Essex levies, as of the levies
of Henrico, York, and the other counties.

The entries in the Westmoreland levy for 1658 in-
cluded the charges for the support of a certain number
of soldiers, who probably had been called together for
the defence of this county alone. Among the items
in the levy for 1692 in Richmond was an allowance for
the fees of an attorney employed in that count3^'s
service. The same levy also appropriated a large sum
for the maintenance of three public ferries; and an
additional amount to meet the outlay for attendance

Taxation: Public and County Levies 539

on a venire at Jamestown, and to remunerate the
Secretary of the Colony for drawing up the commission
of the justices. The levy in Northumberland for Jan-
uary, 1682-3, made prb vision for the payment of the
salary of the physician attached to Potomac Fort. It
also appropriated money for the survey of the new
town site; for the transmission of public letters; for
the disbursement of witnesses' fees; for the arrest of
runaways; and for the settlement of claims made by
neighboring counties.

CHAPTER XXXV
Taxation : The Poll Tax

THE funds obtained by the public, county, and
parish levies were raised practically by one form
of taxation, namely, taxation by the poll. No
permanent tax was imposed on land for these purposes
because this kind of property was regarded as already
sufficiently burdened by the quit-rent; no tax was
laid on trade because it was thought that that branch
of the Colony's interests was already overweighted by
the export duty of two shillings a hogshead and the
English customs; and none on live stock, such as horses,
cattle, sheep, goats, and hogs, because looked upon as
held insecurely, and as of uncertain value. ^

Experiments with the design of making land, trade,
and live stock subject to ordinary taxation were, how-
ever, tried at different periods of the century. An Act
was passed in 1645, which provided that the public,
county, and parish levies should, in stated proportions,
be imposed on all visible forms of property. These
proportions were to be as follows : the land-owner was
to pay four pounds of tobacco for every one hundred
acres in his possession ; the owner of a cow also four
pounds; of a horse, mare or gelding, thirty-two pounds
apiece; of a breeding sheep, four pounds; and of a
breeding goat, two. In addition, every tithable person

> Present State of Virginia, idgy-S, section ix.

540

Taxation : The Poll Tax 541

was required to pay a tax of twenty pounds. This law
was adopted on the ground that the prevailing form of
taxation had become insupportable to persons in
narrow circumstances. ^ Previous to the passage of this
statute, the system of public, county, and parish tax-
ation had been by the poll alone; in extending this
system to visible property also, thus increasing the
volume of income, the burden resting on the poorer
individuals, who owned a very small amount of such
property or none at all, was to that degree lightened.
The poll tax would have continued to be the only tax
even in 1645 but for the costliness of the Indian war
then in progress. As it was, the greater scope now
given to the operation of taxation was intended to be
only temporary. In 1648, the law broadening this
scope was repealed, and the poll tax alone retained. 2

The poll tax was favored by the wealthier section of
the community because it made the public burthens
proportionately less onerous for them. Had the law
of 1645 continued in force, it would have signified the
double taxation of lands, ^ and also the taxation of a
great area of unproductive soil along with the pro-
ductive. During the period of the Commonwealth,
when the General Assembly seems to have been more
than usually responsive to the sentiment of the mass of
citizens, that body frankly acknowledged that the poll
tax laid a very heavy hand on the resources of the
people at large; but recognizing that the chief land-
owners should not be treated with injustice (for this
would have been merely righting one wrong by inflict-

1 Hening's Statutes, vol. i., p. 306. This law, somewhat modified
however, was in force in 1647; see York County Records, vol.
1638-48, p. 299, Va. St. Libr.

' Hening's Statutes, vol. i., p. 356.

3 Lands were already subject to the quit-rent.

542 Political Condition

ing another) , the same body decided to reduce the poll
tax by imposing an export duty on every hogshead of
tobacco shipped away from the Colony.^ This was
the first step towards substituting, at least in part,
an indirect for a direct tax.

The Council joined Governor Berkeley in 1663 in
favoring the transfer of the tax from tithables to the
soil; but as the Burgesses disapproved of the proposi-
tion, no change was made. During the time of the
Long Assembly, a body of men thoroughly repre-
sentative of the landed interests, the insistence upon
the continuation of the poll tax had indirectly a power-
ful influence in precipitating the Insurrection of 1676.
The poorer section of the population again complained
that this form of taxation was inequitable, because,
under its operation, persons " who had nothing but their
labors to maintain themselves, wives, and children,
paid as deeply to the public as he that hath twenty
thousand acres of land." 2 This statement was only
correct in case the owner of so large a tract allowed it
to remain entirely idle, an improbable condition; such
a proprietor, almost necessarily requiring many laborers
to work his fields, was compelled to meet, not only the
tax imposed on his own poll, but also the tax imposed
on the poll of every tithable in his employment ; so that,
after all, the expense to the large land-owner was in
proportion to the number of his agricultural servants,
without whom his estate would have been of no practical
use to him excepting as a cattle range, and his position
really that of the very poor man. The oppressiveness
of the poll tax during the existence of the Long Assem-

• Hening's5faiii/^5, vol. i., pp. 356, 4gi; vol. ii., p. 133.

2 Letter of Giles Bland, April 20, 1676, Randolph MS., vol. iii.,

P-353-

Taxation : The Poll Tax 543

bly consisted, not in the principle of the tax, which on
the whole was not very unequal in its legitimate opera-
tion, but in its abuse in actual practice by that body
to gratify their spirit of extravagance. Giles Bland
estimated, no doubt correctly, that the House of Bur-
gesses, for every member belonging to it, imposed on
the Colony an expense falling little short of five hundred
pounds of tobacco a day, a huge sum in the aggregate
when it is recalled that some of the counties contained
only five hundred tithables.^ In addition to these
charges, which were defrayed by the poll tax, there were
the numerous gifts made to the Governor, and the
fund appropriated for the support of the three com-
missioners sent to England to obtain a new charter.
The whole amount, when proportioned among the tith-
ables, laid upon each taxpayer a burden under which
even persons of large resources must have been very
hard pressed. In the long run, the small land-owner
was perhaps less able to bear this burden than the
large; whilst freemen possessing no estate at all must
have been almost crushed by it. It was from these two
sections of the community, namely, the small land-
owners and the persons without property, or with so
little as to be unworthy of consideration, that Bacon's
principal supporters were drawn ; and not unnaturally
so, for it was they who had most reason to complain
of the administration of public affairs. ^

Bland urged as a remedy for the real or supposed

1 Letter of Giles Bland, April 20, 1676, Randolph MS., vol. iii.,

P- 353-

2 The following from the records throws light on the sentiment

of the people at this time respecting the taxes: "John Millby come
to this depont's house and said he had been about ye county of
Northampton amongst ye Inhabitants informing them yt they
were much wronged by ye conditions in their taxes and levies and

544 Political Condition

inequalities of the poll tax that the fund obtained by
the collection of the import duty of two shillings a
hogshead should be applied more strictly to the neces-
sary charges of the Government. Under the terms of
the statute creating this duty, the proceeds were to be
first used in payment of the Governor's salary; and
any surplus was to be devoted to other public purposes.
There was no authority given by that statute to dis-
tribute the income from the duty in the form of gifts.
Should this income fall short of the Government's
expenses, it was Bland's opinion that the deficit should
be made good by a tax imposed on land. To this, he

yt hee was employed to see them righted, and yt there were several
who would bear him out in it, and yt he had a qualification from ye
Governor to call a party of honest godly men together, who were
to question ye commissioners for ye wrong they had done the
county ... ye county was not only wronged of this year's taxes,
and levies, but in a great sum which hath been twice or thrice
already paid for Mr. Pitts, and was now again to be paid, so that ye
oppression of ye county were great and intolerable, whereof he,
ye sd Millby, did inform ye people, etc." The county court
hearing of the charges made by Millby, denounced him for "lyes
and false information"; see Northampton County Records, vol.
1657-64, pp. 97-9. It is stated in the records of Surry County for
1673, that "a Company of seditious and rude people to ye number
of fourteen did unlawfully assemble at ye Parish Church of Lawnes
Creek with intent to declare that they would not pay their publique
taxes, and yt they expected diverse others to meet them, who
faileing, they did not put their wicked design into execution . . .
Not being satisfied with their former unlawful meeting, did, this
day, the greatest part of them, meet together in the old fielde
called ye Devill's Field . . . they have unanimously agreed to
justify their meetings persisting in ye same . . . and ye mutinous
persons aforesaid being so numerous, we have commanded ye aid
of several of ye neighbourhood for their security." One witness
stated that everybody in the county declared the "levys unreason-
able" ; another that the so-called mutineers did intend only "civilly
to treate concerning ye levy"; and this seems to have been the real
spirit of this meeting; see Surry County Records, vol. 1 671-1684,
p. 62.

Taxation : The Poll Tax 545

claimed, no objection would have been offered by the
majority of the land-owners had they only brought the
whole surface of their estates under cultivation; but
not having done this, they raised an outcry against
such a tax on the ground that it placed a burden on
soil not only wholly unproductive, but also subject
already to the royal quit-rents.

The people at large, however, continued to insist that
the only proper direct tax to impose was a tax levied on
the soil. In the series of grievances submitted by the
several counties to the English Commissioners after
the Insurrection of 1676 had been suppressed, one of the
changes most frequently advocated was that "every
man should be taxed according to his estate, whether
real or personal, but in lands especially." ^ This is
recognized in our own times to be the most reasonable
basis of taxation, but during the Seventeenth century
no consideration in its favor led to the permanent
substitution of a land tax in whole or in part for the
poll tax. Popular sentiment only, in a measure, became
reconciled to it when, as the years passed, its amount
was greatly lessened by the proceeds from the indirect
taxes imposed by the General Assembly. Complaint
of its inequalities was heard as late as 16832; and so

1 See, for instance, James City County Grievances, Winder Papers,
vol. ii., p. 247.

2 Culpeper wrote as follows: "His Majesty should lay his strict
command on the next Assembly not to raise money by tithables
(except only 20 pounds per poll, pursuant to the desires of several
counties and advice of the Council, by the Governor and Council
without calling an Assembly), but by a duty on brandy and other
liquors, or almost any other way." He pronounced the taxation
of tithables "unequal and chargeable in the raising of at least 20
per cent., causing prodigious quantities of fresh tobacco to be made,
which not only clogs the market, but disparages the commodity";
see British Colonial Papers, vol. xlvii.. No. 105.

VOL. n — 35

54^ Political Condition

influential was the oposition to it still, that, during
that year, the Board of Trade went so far as to recom-
mend the abolition of the tax. Howard, on his appoint-
ment to the Governorship, was instructed to see to the
adoption in its stead of one that would prove to be
more generally acceptable; and the like direction was
given to Andros in 169 1-2, an indication that the Bur-
gesses had, in the interval, refused to alter the prevail-
ing method of raising the funds necessary to meet the
expenses of administration. A similar direction given
to Nicholson at the end of the century met with the
same resolute hostility ; when that Governor urged the
House to change from a poll to a land tax, this body
replied that, in their opinion, the " levy by the poll" was
the best and most equal method of defraying the public
charges, inasmuch as the principal part of every citizen's
personal estate consisted of servants and slaves, the two
classes constituting the bulk of the Colony's tithables.
The House stated that no complaint was now ever
made in Virginia of the poll tax because, whenever the
requirements of an extraordinary occasion called for a
larger income, the difference was now always obtained
by a duty placed on imported liquors.^ This was, no
doubt, the chief reason why the poll tax did not at this
time arouse the bitter opposition formerly shown
towards it ; but it is probable also that, as the number
of slaves brought into the Colony increased (a kind of
tithable perhaps more certainly returnable for taxation
than the ordinary white servants, who relatively dimin-
ished in number as the end of the century approached) ,
it was felt that the poll tax became more equitable
in its operation. The ease with which negroes were

« Minutes of Council and House of Burgesses, June 2, 1699,
B. T. Va.. vol. lii.

Taxation : The Poll Tax 547

procured led to the extension of the area of land under
cultivation; the number of slaves became perhaps the
truest indication of the means of a land-owner, for
through them, a higher degree of profit could be de-
rived from the soil than even through white servants.
In taxing the tithables of each estate, — who, towards
the close of the century, were chiefly negroes, — the
Assembly, county, and parish really taxed the owner's
greatest source of wealth; and as the slaves grew in
number, the rich came to bear more and more the
different public burdens.

CHAPTER XXXVI
Taxation: The Tithables

NUMEROUS Acts were passed during the Seven-
teenth century simply to define precisely what
section of the community constituted tithables.
The first poll tax, which was adopted in 1623, was
imposed on every "planter" above eighteen years of
age residing in the Colony, whilst the second, adopted
after a short interval, was imposed upon every male
person whose age exceeded sixteen. It was required
by law in 1657-8 that all white male servants under
articles of indenture imported into Virginia after that
date, however young, should be made subject to the
county levies; and that all imported negro slaves, above
sixteen years of age, whether male or female, should be
held equally liable. The children of natives of the
Colony professing the Christian faith were not to be
included among the tithables until their age should
exceed sixteen years; and the same rule applied to the
children of freemen who, before or after their children's
birth, had settled in Virginia. In 166 1-2, these regu-
lations were readopted. Indian servants were now
sufficiently numerous to be brought within the scope
of the same law, and they also became subject to the
poll tax as soon as they had reached their sixteenth
year.^ By an Act passed in 1662, all women who were

' Hening's Statutes, vol. i., p. 454 ; vol. ii., p. S4. See also Revised
Acts, Colonial Entry Book, vol. Ixxxix., p. 21.

548

Taxation : The Tithables 549

commonly engaged in working the fields were to be
reported as tithables; and it was within the province of
the county court to decide whether or not a woman,
however employed by her master, came within the scope
of this designation. 1

The officers appointed to make out a full list of all
tithables residing in a county were, in 1672, instructed
to report the whole number of negro, mulatto, and
Indian children, with a statement as to their respective
ages sworn to by their masters. As an additional pre-
caution, the owners of such children were required to
enter the latter's names in the parish register within
twelve months after the date of birth; and should this
regulation be disregarded or neglected by any one,
he was, in every such instance, to be compelled to pay
the poll tax just as if the child were really of the tithable
age. 2 About eight years after the adoption of this
rule, it was thought to be so unfair that children,
whether white or black, should be made subject to the
poll tax at a time when, by reason of their youth,
they were physically incapable of work, that an Act
was passed requiring the owner of young negro slaves
imported into the Colony, to bring them into court
within three months after their arrival in Virginia, there
to have their respective ages correctly adjudged and
permanently recorded. Such children were not to be
accounted tithable until they had reached their twelfth
year, whilst no imported white servant was to be
made liable to the poll tax until his or her fourteenth
year had been passed.^ The age at which the Indian

' Hening's Statutes, vol. ii., pp. 170, 187. Every negro woman
who had been emancipated was required to pay the poll tax; see
Hening's Statutes, vol. i., p. 267.

2 Hening's Statutes, vol. ii., p. 296.

5 Ibid., p. 480.

550 Political Condition

woman was subjected to the same tax was fixed at her
sixteenth year; and this appears also to have been
the age at which the negro woman bom in the Colony
became a tithable.^ All servants imported into
Virginia by merchants and remaining unsold up to
June loth, were not bound to be listed that year for
taxation. 2 At the close of the century, the persons
subject to the poll tax were all white persons of the
male sex whose age exceeded sixteen, all white women
employed in tilling the ground, and all slaves, both
male and female, who, if bom in Virginia, had passed
their twelfth year, or if imported, their fourteenth.'^

How were tithables listed for taxation? The rule
in 1646 was for each county court to appoint "able
and discreet persons " to draw up a complete list of all
tithables residing within the boundaries of the county;
and this list, so soon as it was made out, had to be re-
turned to the justices, who, having examined and found
it satisfactory, in their turn transmitted it to the office
of the Secretary at Jamestown for submission to the
House. By this means, the Burgesses were, from year
to year, kept informed as to the taxable basis of the
Colony at large."*

J Colonial Entry Book, vol. Ixxxix., p. 140.

2 Hening's Statutes, vol. ii., p. 488.

3 Letter of Andros, April 22, 1697, B. T. Va., vol. vi., p. 74.

* A full list for all the counties will be found in B. T. Va., 1699,
vol. vii., p. 319. In 1646, lands, cattle, horses, etc., formed a part
of the basis of taxation; Hening's Statutes, vol. i., pp. 306, 329.
The collectors chosen in accord with the provisions of the Act of
1647 were ordered to exhibit a complete list of the tithable persons
residing within their respective limits; see Lower County Norfolk
Records, vol. 1646-51, p. 94. " Ordered by this Court that ye several
persons hereunto mentioned, ordered and appointed within their
severall precincts for their bringinge in of their sev'rall Lists of all
tythable persons, and of their severall ages, shall bringe ye same

Taxation : The Tithables 551

A statute adopted in 1657-8 required the head of
every household to return a list of the tithables em-
braced in his own family; and this, no doubt, included,
not only his own children, but also every person in his
employment. This list was to be made out during the
month of June, and presented to the clerk of the county
court. 1 It was not long before it was perceived that
heads of families could not be trusted with implicit
confidence to draw up a complete list of the tithables,
for even when not actually dishonest, they were dis-
posed to stretch every possible point in their own favor.
When this fact came to be clearly recognized, the law
was repealed, and the sheriffs were impowered to make
out the lists. 2 This duty seems, in some of the counties,
to have been assigned to the constables^; but these
officers' reports, no doubt, had to be examined by the
sheriffs before being submitted to the justices. There
was still so much fraudulency in the returns that,
two years afterwards, the General Assembly passed an
Act requiring each county to be divided into several tax
precincts, and a special commissioner to be appointed
in each to draw up an accurate list of the resident
tithables. This list, which was to be handed in to
the county court at its August sitting, was to be ac-
companied by the reports made to the commissioner
by each head of a family as to the number of tithables
embraced in his household. The clerk of the county
court was required to transmit all these papers to the

to the clerke of ye Court by ye Fifteenth day of July next ensuing,
vizt. " The boundaries of the several precincts are then defined;
see Lower Norfolk County Records, vol. 1651-56, p. 12.

1 Hening's Statutes, vol. i., p. 454.

2 Ibid., p. 521.

3 See Lower Norfolk County Records for 1658.

552 Political Condition

clerk of the General Assembly not later than the
second day of the September term of the General
Court. ^ Under the provisions of this comprehensive
Act, all the counties, as their records at this time show,
were laid off in precincts, and commissioners named to
perform the special duties assigned them.^

The justices of Lower Norfolk, in 1669, assigned to
each precinct in the county one of their own number as
the officer impowered to draw up a complete list of the
tithables residing in that precinct at this time.^ This
rule appears to have also prevailed elsewhere in the
Colony ; and it remained very generally in force down to
the end of the century. In each precinct, the head of
every family to be found there continued, during this
long period, to report the number of tithables subject
to his authority; this was done every year, certainly
after 1680, between the first and tenth of June; and at
such place as the justice, or special commissioner for that
precinct, had beforehand publicly chosen for the pur-
pose. As soon as the list for each precinct had been
submitted to the county court as a body, an order was
issued that it should be set up at the door of the court-
house, so that the failure of any householder to report
the full number of his tithables might be detected by
the other taxpayers, who were always eager to expose

' The Commissioner's first step towards obtaining the lists of
the tithables residing in his district was to give a notice in writing
(which was read and set up at the door of the church or chapel -of-
ease) of the limits of his special precinct, and of the day on which
the lists must be brought in. This day was to precede June 10;
Hening's Statutes, vol. ii., pp. 19, 84.

2 For examples, see York County Records, vol. 1657-62, p. 419,
Va. St. Libr. Northampton County Records, vol. 1657-64, folio,
p. 167. The Act was renewed in 1663; see Hening's Statutes, vol.
ii., p. 187.

3 Lower Norfolk County Records, Orders June 16, 1669.

Taxation : The Tithables 553

such delinquency, as it increased their own burden by
diminishing the number of persons subject to the levy.
One of the complaints offered by the counties to the
English Commissioners after the collapse of the In-
surrection of 1676 was that the justices and clerks of
the county courts had, for some years, declined to pub-
lish these lists, and had thus deprived the people of
the opportunity of discovering any error or fraud on
the part of heads of families in stating the number of
their tithables.^ A false return to the commissioner
of a precinct was, from an early date, punished with
severity. The penalty in 1646 for concealing a tith-
able was fixed at double the quantity of tobacco
payable had his existence been reported; this was
afterwards increased to treble the quantity and so con-
tinued to a period as late as 1662.2 jj^ -^he closing
years of the century, the penalty for concealing a
tithable was his confiscation if he happened to be a
slave. ^

The number of tithables found in the Colony during
the Seventeenth century steadily increased with its

> Winder Papers, vol. ii., p. 207; see also Henrico County Minute
Book, 1682-1 701, p. 53, Va. St. Libr. ; Essex County Records,
Orders May 10, 1692; Lower Norfolk County Records, Orders July
19, 1693; York County Records, Orders May 24, 1694; Elizabeth
City County Records, Orders May 18, 1696; Present State of Vir-
ginia, i6gj-8, section ix.

2 The exact language of the statute of 1646 was: "All persons con-
cealing shall for every tithable &c pay double the rate this present
General Assembly hath assessed"; Hening's Statutes, vol. i., pp.
329, 454; vol. ii., p. 84. An offence of this kind was defined "as
a fraudulent intention to enlarge the taxes of such of his Majesty's
subjects as do conform to the laws." That it was sometimes
sought to conceal more than one tithable is shown by the charge
brought against Mrs. Nicholas Spencer, in 1692, of not returning
twelve; see Westmoreland County Records, Orders Feb. 22, 1692.

^ Present State of Virginia, i6gy-8, section ix.

554 Political Condition

growth in wealth and population. Culpeper, in 1681,
estimated the number at fourteen thousand ; and before
the year 1700 arrived, the fourteen thousand had
swelled to about twenty thousand. ^ The number of
tithables owned by individual planters varied very
widely, — as widely, indeed, as the areas of their respec-
tive landed estates. The condition in this respect
prevailing in Surry county from 1668 to 1 700 was fairly
representative of all the counties. In the course of
1668, the average number of tithables to each landowner
residing in Southwark parish was only two, whilst the
greatest number reported by any single citizen of that
parish did not exceed six. Benjamin Harrison sub-
mitted a list of five, but as he was a member of the House,
he, no doubt, took advantage of his right as a Burgess
to obtain a release from the taxation of the additional
tithables in his possession. During the same year,
there were three planters owning estates in Lawne's
Creek parish who respectively reported a list of eight;
the average number to the land-owner at this time,
however, still did not exceed two. One citizen only in
1669 returned so great a number as thirteen tithables;
the next followed with but six. During 1670, the
principal taxpayers seem to have been Arthur Allan,
who possessed twelve tithables, Charles Amry, who
possessed eight, and Colonel Thomas Swann, who
possessed seven. Swann was a member of the Council,
and as such exempted from the requirement of making
a full return . The number of tithables reported in 1 6 7 4
by Francis Mason was ten ; by George Jordan, eight ; and
by Nicholas Meriweather, seven. In the succeeding

1 British Colonial Papers, vol. xlvii., No. 105; Present State of
Virginia, 1697-8, section ix. ; B. T. Va., 1698, vol. vi., p. 74;
vol. vii., p. 319.

Taxation: The Tithables 555

year, Mason gave in a list of fourteen tithables, seven
of whom were negro slaves. The number reported in
the same year by Robert Canfield was six; by Colonel
Swann, seven; by Lawrence Baker and Rev, William
Thompson, eight respectively; and by Arthur Allan,
nine. The general average of the number owned in
the several precincts in 1675 ranged from one and a
tenth to two and a third, whilst, in 1688, the average in
some precincts rose to three, but in the majority did
not exceed two. During this year, the largest number
of tithables returned was fourteen; there were also
holdings of ten, eight, and six reported.^

1 See Surry County Records for these different years. In 1666,
the highest number of tithables returned by any single landowner
of Northampton county was fifteen, the next highest, ten, and the
next, eight; see Va. Maga. of Hist, and Biog., vol. x., pp. 194, 258.

CHAPTER XXXVII
Taxation : The Assessment

WHO assessed the levies ? The assessment for the
parish levy was made by the vestry. The
duty of apportioning the public levy no doubt
fell on the House's Committee on Claims, who, however,
were required to submit their decision to the full House
for approval. The proportion to be borne by each
tithable was obtained by dividing the total amount
of the assessment by the whole number of tithables
residing in the Colony as reported to the Secretary's
ofifice by the justices of the different county courts.
The apportionment for public purposes was of two
kinds: — first, the one made for an object promotive
of the welfare of all the counties, and, therefore, falling
upon them all in proportion to their respective number
of tithables; second, the apportionment made in part
for all the counties, and in part for particular ones.
The latter section of this second apportionment was
imposed on these particular counties alone, and to that
extent, the burden was unequal; but this was not un-
just, as they alone had enjoyed the benefit, for which
the restricted tax had been laid.

Let us first consider the apportionment which was
general in its scope. The amount of this dift'ered from
year to year, as may be shown by actual instances.

556

Taxation: The Assessment 557

In 1623-4, the tax imposed upon every male head in
the Colony above sixteen years of age was fixed at ten
pounds of tobacco; this was a special levy to provide
funds to meet the outlay of a projected expedition
against the Indians.^ Fifteen years later, there was
another special levy, this time of four pounds per poll,
for the benefit of the Governor, whose services were
thought to be deserving of particular recognition. ^
Both of these assessments were small in volume; but
when it was designed to cover all the public expenses,
the amount to be paid even by the individual taxpayer
represented a large sum; for example, in 1640, the tax
imposed on each tithable rose to one hundred and
eighty pounds of tobacco.^ Three years afterwards,
however, it sank to nine pounds.^ In 1682, the public
assessment amounted to eighty-nine pounds per poll ; in
1 69 1, to eighteen and a half pounds; in 1692, to seven-
teen and a quarter; in 1693, to thirteen and three
quarters; in i694,to twenty-one; in 1695, to twenty-two
and three quarters; in 1696, to sixteen; and in 1699,
to nineteen.^ Unless there was some extraordinary
public expense to swell the levy, the average tax per
poll for public purposes seems rarely to have exceeded
twenty pounds of tobacco. It was well that the public
assessment was generally light, for had it been heavy,
it would, when added to the county and parish levies,
have created a burden which would have been intol-
erable.

' British Colonial Papers, vol. iii., No. 9.

2 Acts of Assembly, 1639, Robinson Transcripts, p. 232.

3 Robinson Transcripts, p. 22.

* Hening's Statutes, vol. i., p. 279.

5 Colonial Entry Book, 1682-95, p. 93; see also entries in same
volume for April 28, 1692; Hening's Statutes, vol. iii., pp. 97, 106,
124, 135-

558 Political Condition

If the public assessment fell more onerously on one
county than on another, it was always due to the fact
that the county more heavily taxed had enjoyed some
special advantage at the public expense. York, for
instance, with twice as many tithables residing within
its borders as Isle of Wight possessed, might neverthe-
less be called upon in a single levy to pay only one
half as much, simply because the benefit it had obtained,
as compared with that obtained by Isle of Wight, was
just one half as great. This difference constituted the
basis of the relative tax proportion. When the assess-
ment was of a mixed special and general character,
it was customary first to designate the amount to be
paid by the Colony at large; which was proportioned
to each county according to the number of tithables
among its inhabitants. There was levied, in 1682, a
tax amounting, as a whole, to 1,349,418 pounds of
tobacco; and of this large sum, 699,953 pounds were
contributed by the counties in proportion to their
respective number of tithables; while the remainder
was contributed by the several counties deriving special
benefit from some public service extended to them
alone. Each county obtained full information as to
the share of the public charges which it was expected
to defray, from a copy of the " list of the pubHc
levy" furnished by the clerk of the House of
Burgesses. 1

The county levy was assessed by the justices of the
county court. As this constituted the most onerous

' Middlesex County Records, Orders October 2, 1677; Colonial
Entry Book, 1682-95, PP- 75. 93- The levy for 1684 amounted to
702,423 pounds of tobacco. In the Henrico County Levy for
Oct. 12, 1691, an allowance was made Peter Beverley, the clerk
of the House, for a copy of the "List of the Public Levy"; see
Records, vol. 1688-97, p. 249, Va. St. Libr.

Taxation: The Assessment 559

tax borne by the people, it was not unnatural that the
judges' fairness in drawing up the list of expenses to be
paid was sometimes subjected to popular suspicion.
This suspicion, as we have seen, was especially strong
during the last sittings of the Long Assembly; and
there was probably then just ground for its entertain-
ment, since the bad example set by that body had
exercised a demoralizing influence upon every other
public body convening in the Colony. When, in 1676,
the General Assembly, acting under the inspiration of
Bacon and his immediate supporters, undertook to
remedy the serious abuses which had crept in during
the more recent of the previous years, it expressly
stated that it was only in some counties that the justices
were supposed to have inserted improper grants in the
levies in their desire to show favor to particular persons.
The General Assembly, however, considered the charge
against these officers sufficiently well founded to make
expedient the passage of an Act which provided, as a
means of checking any possible unscrupulousness on
their part, that thereafter " some of the discreetest and
ablest " of the inhabitants of each county, equal in
number to the number of the justices, should be yearly
chosen by a majority of the "householders, freeholders
and freemen of each parish"; and these, together with
the churchwardens and the justices themselves, were
to lay the county levy.^ This regulation remained
in force for a short time only, either because it
proved cumbrous and inconvenient, or because,
which seems more probable, confidence in the
justices had returned with the improvement in
the administration of public affairs, for to the latter

» Hening's Statutes, vol. ii., p. 357.

560 Political Condition

was again confided the exclusive task of laying the
county levy. ^

In making the annual assessment, the justices of each
county, no doubt, met in their usual apartment in the
court house. 2 The same month was not adopted in all
the counties as the time for laying the levy; in some, the
justices appear to have convened for this purpose in
October; in others, in November. Sometimes, the
justices of the same county would meet in October,
sometimes in November; and should no quorum be
present at the November session, they would again
assemble in December.^ The levy was laid towards
the end of autumn because the crop of tobacco for the
year had, by that time, been cured, and was ready for
shipment to England.

In making off the county levy, the ordinary course
seems to have been to draw up a list of the amounts due
to persons in whose debt the county stood for various
forms of service. These amounts were then added up,
and the total sum thus obtained was divided by the

' Culpeper, who was in the habit of employing vigorous language,
which probably expressed more than he really meant, declared
that "the county levy was most commonly managed by sly, cheat-
ing fellows that continue to defraud the public. " He then perhaps
disclosed his real purpose in using such defamatory words by
remarking: "The levy ought to be inspected and supervised by
the Government"; see British Colonial Papers, vol. xlvii., p. 105.

2 In 1677, Surry county complained to the English Commis-
sioners that the justices, in laying the levy, retired to their private
room. As this conduct was made a ground of grievance, it was, no
doubt, characteristic only of the demoralized period preceding
the Insurrection of 1676; see Surry County Grievances, 1677,
Winder Papers, vol. ii., p. 162.

^ See Proclamation of Andros requiring York county justices to
meet in December. The number of justices present on the usual
day in November for laying the levy had not been sufficient to
transact business; see York County Records, vol. 1694-97, p. 327,
Va. St. Libr.

Taxation : The Assessment 561

number of tithables shown by the last reports of the
precinct commissioners to be residents of the county;
in this way, the proportion to be paid by each tithable
was ascertained.

For sake of convenience, the assessments for public,
county, and parish purposes were generally embraced
in the same levy, but the items belonging to each
account were kept separate.^ The laying of the county
and parish taxes was not infrequently deferred in order
that the public assessment might be included; if, how-
ever, the House, without agreeing upon such assessment,
adjourned to a date so late in the year that all the
tobacco of the preceding season was, by that time,
certain to have been disbursed in one way or another,
then the county court, unwilling to run any risk, pro-
ceeded to lay the county levy without waiting until the
details of the public had been formulated. 2

The rates at which tobacco was to be valued in mak-
ing out the levy were fixed from time to time ; and were
always governed more or less by the contemporary
prices prevailing in the English market. As the
production of the commodity increased, these rates
steadily fell off, — in 1619, tobacco of the best quality
was sold for three shillings a pound, and tobacco of the
meanest for one shiUing and sixpence; whilst in 1645,
the average price did not exceed threepence, a decline
in two decades and a half of about two shillings a
pound. The average price had, by 1661, further
shrunk to twopence; twenty-one years later, a
pound of tobacco of the finest quality was sold

1 See for an example, levy for November 9, 1 681, in Northumber-
land Records.

2 An instance is recorded in Henrico County Minute Book,
1 682-1 701, p. 1^5, Va. St. Libr.

VOL. II — 36

562 Political Condition

for this amount, but if of an inferior quality, for one
penny only.^

From an early period in the Colony's history, exemp-
tion from the poll tax was either permanently or tem-
porarily allowed for special reasons. In February,
1623-4, the General Assembly conferred this privilege
upon all planters who were residing in Virginia previous
to Sir Thomas Gates's last arrival, or who had come in
with him on that occasion; and the Hke privilege was
also extended "to their posterity," a term embracing,
no doubt, only the children of the first generation.
Even this remaining band of first settlers were required
to pay the dues assessed for the support of the clergy
and the maintenance of the Church. ^ The same
Act was renewed thirty-five or more years after its
first passage, although, at this time, the survivors of
that early period, or even the children of those who had
lived down to a date as late as 1624, could not have
been numerous; but this fact gave all the more senti-
mental distinction to the exemption in their favor. ^

Exemption from the poll tax was sometimes allowed
to persons who had agreed to settle at some point on
the frontier considered to be peculiarly dangerous from
its liabihty to Indian incursions; such was the return

« Uening's Statutes, vol. i., p. 316; vol. ii., pp. 99.506; Burke's Hm-
tory of Virginia, Appendix xlv. ; Present State of Virginia, 1697-8

2 British Colonial Papers, vol. iii., No. 9.

3 Hening's Statutes, vol. i., p. 460; vol. ii., p. 84. About 1662,
John West and his family were exempted from the payment of the
poll tax in consideration of the services of their ancestors; see Hen- •
ing's Statutes, vol. i., p. 547. We find the following entry in the
Northampton Records (vol. 1657-64, p. 18), which is interesting
as showing the popular spirit prevaiUng during the time of the
Commonwealth: "This day Mr. Francis Broughton petitioned to
be freed from taxes, which was granted by ye Commissioners and
by ye consent of ye People. "

Taxation : The Assessment 563

made, at an early date, to those who had seated them-
selves on lands situated between the heads of Archer's
Hope and Queen creeks. As a rule, exemption for
such a reason was to last only for a definite period. ^
In 1 66 1-2, relief from the poll tax for a specified
time was granted to all artisans who, having given
up cultivating tobacco, were devoting themselves
exclusively to the pursuit of their trades. 2

This privilege was sometimes allowed to a person
prevented from working in the fields by some physical
disability with which he was afflicted. For instance,
in 1686, Samuel Goare, of Rappahannock, asked for
relief from the poll tax on the ground that he had lost
one of his arms; and there were four petitions of the
same general character presented to the justices of this
county in the same year, and on the same occasion.^
About 1645, Robert Porter and Robert Jones, two citi-
zens of Lower Norfolk, were exempted on account of
their great age, a reason frequently accepted by the
justices, especially if the petitioner had long resided
in the county, and possessed no laborers to produce
crops of com and tobacco for his support. Sometimes,
advanced years were considered to be a sufficient
excuse simply because the petitioner was hard pressed
to maintain a large family of young children. 4 In

1 Hening's Statutes, vol. i., p. 199.

2 Ibid., vol. ii., p. 85; see also p. 179.

3 Rappahannock County Records, Orders May 19, July 7, 1686.
A father was generally relieved of payment of the poll tax in the
case of an idiot son; see Henrico County Minute Book, 1 682-1 701,
p. 229, Va. St. Libr.

4 Lower Norfolk County Records, Orders June 16, 1645, Dec.
10, 1673; also vol. 1646-51, p. 157. The following is from the
Henrico Records: "Evan Owen, an aged, indigent person having
a wife and two small children, exempted from tax"; see Minute
Book 1682-1701, p. 54, Va. St. Libr.

564 Political Condition

granting relief on the score of age, no discrimination
was made against persons of the African race. Among
the tithables of that race who sought relief was Abram
Saby, of Elizabeth City, who claimed to be one hundred
years old. A negro woman, also a resident of this
county, obtained, about 1696, the same privilege on
the score of age almost as great. ^

Relief from the poll tax was granted to black as well
as to white persons on account of their long residence in
the Colony. In 1652, for instance, Anthony and Martha
Johnson, of Northampton county, were exempted be-
cause they had been living in Virginia for more than
thirty years, a fact indicating that they had arrived in
the James River as a part of the memorable cargo of
the Dutch ship which had landed so many slaves in
16 19. In passing favorably on their petition, the
court dwelt upon their prolonged labors, and the good
example they had set in obtaining their livelihood, and
also upon their heavy losses in a recent fire. The
exemption was also extended to their two daughters,
upon whose exertions the old couple were now probably
dependent for their subsistence. ^

1 Elizabeth City County Records, vol. 1684-99, pp. 2, 117, 118;
see also General Court Records, Robinson Transcripts, p. 261.

2 Northampton County Records, vol. 1651-54, folio p. 161. In
a case presented to the consideration of the Henrico county jus-
tices, in 1697, it was decided that physical disability in a negro
slave was not a sufficient reason for granting relief. See Records,
Orders June i, 1697. Sickness was a frequent ground of exemp-
tion in the case of a freeman or freewoman; see, for instance,
Elizabeth City County Records, vol. 1684-99, PP- 1 17-18. The fol-
lowing shows that the justices were sometimes imposed on : " Several
persons, inhabitants in this county, having of late tymes falsely
represented themselves to this court as objects of their charity,
and by such means obtained to be acquitted from payment of
levies and tithes, thereby abusing this court's benignity and wrong-
ing others . . . for remedy whereof for the future, and that this

Taxation : The Assessment 565

As has already been pointed out, the occupation of
certain high official positions carried with it the privi-
lege of relief from the poll tax. By the law of 166 1-2,
each member of the Governor's Council was granted
exemption, not only for himself as one individual,
but also for ten of his servants, from all public charges
except those imposed for the maintenance of the
clergy and the Church. Should a minister filling a
pulpit in the Colony be required to be present in the
General Court or General Assembly, under an engage-
ment, it would seem, to preach for a definite season,
he was to be allowed the like relief for himself and six
of his dependants.^ The Governor and his servants
were also exempted from the operation of the poll tax^ ;
and so, to a certain extent, were the Burgesses.

What was the amount of the tax generally imposed
by the county levy ? This, like the amount assessed in
the public levy varied materially from year to year.
The grievances submitted by the several counties in
1677 declared that the poll tax collected in 1675 was
unprecedented in its excessiveness,^ It appears that
the levy for this year was made especially heavy by an
effort to purchase from Culpeper his whole interest in

court may not be futurely imposed on, and surprised by such
impostors, and the truly necessitous want relief, it is ordered that
henceforward no person whatsoever be exempted from payment
of levies by order of this court but such as shall produce a certificate
from the vestry of that parish where they inhabit that they are
objects of charity and are allowed a maintenance from the parish " ;
Westmoreland County Records, Orders May 25, 1692.

> Down to the meeting of Bacon's Assembly, as stated already
in the account of the clergymen's remuneration (Part I), the clergy-
man, along with six of his tithables, was exempted from taxation.
After that date, he alone was relieved from the different levies.

2 Hening's Statutes, vol. ii., pp. 84, 392.

3 Winder Papers, vol. ii., p. 230; see particularly the Grievances
of Rappahannock County.

566

Political Condition

that part of Virginia known as the Northern Neck,^ —
how heavy was shown by the fact that, independently
of the assessment for county and parish expenses, the
tax amounted to sixty pounds of tobacco a head. In
1678, when the pubHc levy alone imposed on each
taxpayer a burden of one hundred and ten pounds of
that commodity for every tithable in his employment
or possession, the total poll tax, — public, county, and
parish, — rose in some counties to three hundred pounds
a head, and in some to four hundred pounds, the greater
proportion of which represented the county assessment. ^
In time, the amount of the county poll tax fell off, but
as late as 1692, there was still occasional discontent
expressed as to its onerousness; in the course of that
year, George Bruce, of Rappahannock, submitted a
petition to the Governor and Council at Jamestown, in
which he complained of the abuse of the tax levy in
that county; but when called on to prove his assertion
in the presence of the justices, he seems to have made
no attempt to do so.^

The following tables, based upon figures obtained
from the surviving county records, are fairly represen-
tative of the whole Colony during the years designated :

Table i. Total County and Public Levies in Pounds

OF Tobacco

Lower Norfolk .

Year

1656-65
1666-83
1684-91

Total

County

158,600 lbs.
188,809 "
136,140 "

Total
Public

118,394 lbs.
82,276 "
48,895 ••

> See Grievances of Stafford County, in Winder Papers, vol. ii.

2 See Letter of Daniel Parke to Secretary Williamson, Jany.
3, 1678, British Colonial Papers, vol. xlii., No. 17, L

3 Rappahannock County Records, Orders May 4, 1692.

Taxation : The Assessment

567

Table i. Total County and Public Levies in Pounds
OF Tobacco — Continued

Year

Total
County

Total
Public

Henrico

1677-87
1692-96

186,573 lbs.
127,575 "

132,469 lbs.
32,206 "

York

1666-75
1677-86
1690-97

255,790 "
218,709 "
162,462 "

217,920 "
405,017 "

Lancaster

1653-62
1663-73
1674-83
1687-99

165,202 "

281,953 "
499,048 "

250,925 "

522,850 "

241,397 "
85,486 "
78,981 "

Essex

1692—99

224,632 "

49,568 "

Middlesex

1674-84
1685-99

318,815 "
374,627 "

142,252 "
141,163 "

Northumberland . . . .

1666-75
1677-93

316,224 "
575,432 "

166,393 "
480,788 "

Table ii. Average County and Public Levies

Year

Average

County

Levy

Average

Public

Levy

Average
per
Poll

Lower Norfolk

1656-65
1666-83
1685-91

19,825 lbs.
26,872 "
19,460 "

14,737 lbs.

16,455 "
16,298 "

• •

64
26

Totals

1656-91

22,052 "

15,830 "

York

1666-75
1677-86
1690—97

28,421 "

27,338 "
23,209 "

31,131 "
81,003 "

34
61
20

Totals

1666-97

26,321 "

56,061 "

Lancaster

1653-62
1663-73
1674-83
1687-99

20,650 "

25,632 "

55,449 "
20,910 "

26,142 "
21,945 "
21,371 "
11,283 "

118

Totals

1653-99

30,660 "

20,185 "

Essex

1692-99

32,081 "

16,322 "

568

Political Condition

Table ii. Average County and Public Levies — Continued

Year

Average

County

Levy

Average

Public

Levy

Average
per

Poll

Middlesex

1674-84
1685-99

39,850 lbs.
26,759 "

35,560 lbs.
20,165

97
48

Totals

1674-99

33.254 "

27,862 "

Northumberland

1666-75
1677-93

31,622 "
32,084 "

18,543 "
53.443 "

49
86

Totals

1666-93

31.853 "

20,730 "

25.517 "

23.^27 "

35.993 "

Henrico

1677-87
1692—96

44,156 "
8,049 "

Totals

1677-96

26,102 "

Table hi. Total Average for County and Public Levies

Lower Norfolk . .

York

Lancaster ,

Essex

Middlesex

Northumberland
Henrico ,

Totals

Year

1656-91
1666—97

1653-99
1692—99
1674-99
1666-93
1677-96

1656-99

County-
Levy

22,052
26,321
30,660
32,081
33.254

31.853
23,127

lbs

28,478

Pubhc
Levy

15,830 lbs.

56,061

20,185

16,322

27,862

35,993
26,102

28,336

Average

per
Poll

45
38
67
46
72

Estimating the value of tobacco, in the course of these
forty years, at about two pennies a pound, the general
rule, and it will be seen by an examination of Table III
that, during that period, the average county levy
amounted to £2^^, or, in purchasing power, to about
4500 dollars; the average public levy to ;£236, or, in
purchasing power, to about 4475 dollars; and the
average county and public poll tax taken together to

Taxation: The Assessment 569

nine shillings or in purchasing power to about eight
dollars. These estimates would be materially cut
down if the average value of a pound of tobacco, during
the same period, were reduced to a penny and a half.

CHAPTER XXXVIII
Taxation : Collection of Poll Tax

HOW was the poll tax collected ? It would appear
that, in the beginning, the collection of this
tax was one of the most important duties
performed by the sheriff of each county, a method in
accord with English custom, which was always followed
in Virginia unless the peculiar circumstances existing
there made it inconvenient or repugnant to the public
welfare to do so. For instance, in 1638, the sheriff
of Lower Norfolk was instructed to collect the amount
due from every tithable residing in that county^; and
under the terms of an agreement between the sheriff
and undersheriff of Accomac, drawn up in 1642, the
latter bound himself to attend in person wherever the
planters were required to deliver their respective shares,
and also to be indefatigable in enforcing the payment
of the total sum due from each.^ Five years after-
wards, it was found that many counties were so wide
in area, and the claims upon the sheriff's* time and
energies were so multitudinous, that these oflficers were
unable to show the necessary promptness and thorough-
ness in collecting the taxes; and this fact so impaired
the public credit that it was considered advisable to

' Lower Norfolk County Records, Orders Nov. 21, 1638.
2 Accomac County Records, vol. 1642-5, p. 150.

570

Taxation: Collection of Poll Tax 571

relieve them of the burden, and to impose it on special
commissioners, one of whom was to be appointed
for every precinct situated in the Colony. The Act
providing for this change conferred upon these com-
missioners the same power of distraining in case of
delinquency as the sheriffs had possessed; and they,
like the sheriffs, were also required to render an account
to the justices of their respective counties. ^

Before the close of 1648, the year following its adop-
tion, this law was in full operation throughout the
Colony. The court of Lower Norfolk, when the Act
had been in force only a few months, issued an order
that every collector should report to his fellow collect-
ors the quantity of tobacco he had received. 2 Those
appointed in this county, as well as in the others, con-
sisted of some of the first men belonging to the com-
munity; in one year certainly (and, perhaps, it was
the general custom at this time), the justices of the
county court served in this capacity. This occurred
in 1652, when the several collectorships were filled by
Col. Cornelius Lloyd, Major Thomas Lambert, Thomas
Bridge, John Sibsey, Lemuel Mason, and Francis
Emperor.''

The sheriff of each county seems still to have, to some
degree, participated in the collection of the taxes, and
not simply received the tobacco from the hands of those
who had performed that duty. In 1 66 1 , the incumbent
of this office in Northampton is stated in the records
to have visited Mrs. Alford's home, and marked one
hogshead stored in her barn as belonging to the county;
and subsequently visiting Mr. Littleton's, there marked

' Hening's Statutes, vol. i., p. 342; ibid., vol. ii., p. 19.

2 Lower Norfolk County Records, vol. 1646-51, p. 94.

3 Ibid., vol. 1651-56, p. 32.

572 Political Condition

three others in the same manner. ^ Some years after
this incident occurred, an order of Accomac county-
court directed every citizen residing on the sea side,
who was Hable to pay taxes, to bring to certain desig-
nated places, in the form of tobacco, the full amount of
his public dues. These places were to be chosen by the
sheriff, who, in person or by deputy, was required to be
present when the tobacco arrived. The taxpayers
were to be allowed an important reduction in consider-
ation of their carting it thither. ^

That the duty of gathering in the taxes fell also on
the sheriffs in 167 1 , was shown by an Act requiring them
to submit full accounts of their collections to the county
courts.^ There is some evidence that, in 1670, it was
optional with the county to nominate special collectors,
or impose the whole task on the sheriff; in the course of
that year, the collection of taxes in Middlesex seems to
have been made altogether by the sheriff, whilst in
Lower Norfolk, it seems to have been made exclusively
by the several officers appointed for the purpose. One
of the laws adopted by what was known as Bacon's
Assembly, which convened in 1676, empowered each
county court to appoint special collectors of the public
dues.* Although so many of these laws were repealed
after the suppression of the Insurrection, nevertheless
this Act remained in force in some of the counties,
a fact which aroused the strong opposition of no less a
person than Herbert Jeffreys, at that time serving as
the Governor of the Colony ; he complained that some
of the men appointed by him to the offfce of sheriff

« Northampton County Records, vol. 1657-64, folio p. 126.
2 Accomac County Records, vol. 1666-70, p. 91.
» Hening's Statutes, vol. ii., p. 292.
* Ibid., p. 358.

Taxation: Collection of Poll Tax 573

were deprived of the right to collect the taxes, one of
great pecuniary importance to them, as they were
entitled to ten per cent, of the tobacco delivered into
their hands. Jeffreys was not content to make simply
a general protest : he wrote letters pointedly rebuking
those justices who insisted on maintaining in their
counties a method so repugnant to the general custom.^
At the end of the century, the general rule seems still
to have been for the sheriff to collect the taxes, not so
much because this method was the most thorough and
convenient, but because it afforded an increase of in-
come to that officer. 2 Nevertheless, a few counties
still exercised the right, originally granted by the Act
of 1676, to appoint a commissioner for each precinct
to gather in all public dues. This seems to have been
the custom in Lancaster during the last decades; and it
was not without significance that the commissioners

1 The following is the text of Governor Jeffreys's letter relating

to the subject:

"Middle Plantation

Ye 3rd November 1677
"Gentlemen,

"I am tould it hath been a custome in Virginia even to this day
for the Sherriff to collect the public dues, and that the Lawes of
this country, if they do not positively comand, doe at least toler-
ate and allow it. Notwithstanding, I am informed that some of
yr committee doe endeavor to take it from Capt. Whitaker, who
was by me appoynted High Sheriff of Yr County. And there
having been no such precedent in former Governors' times, I
cannot look upon it any otherwise than as an affront to me rather
than a designed prejudice to him, and as I have not to my know-
ledge in any moment disobliged yr county, I desire you would
please to lett the collection run in its proper channell, which will
be kindly accepted by

" Yr assured ffriend and servant,

"Herb. Jeffreys."

2 The authors of the Present State of Virginia, i6gj-8, declared
in a general way that the "levy was collected by the sheriff from
the several masters of families"; see section ix.

574 Political Condition

in this county were all members of the county court,
who were thus seeking to add to their incomes the
percentage allowed for making the collection. i It is
quite probable that, whenever the sheriff did not serve
in this capacity, the justices did, in order to obtain
this benefit. If indifferent to the personal gain which
might thus accrue to them, they quite certainly im-
posed the task on the sheriff'.

There was one function in connection with the pubhc
taxes which was generally, although not always, per-
formed by the sheriff: it was ordinarily his duty to
deliver to each person mentioned in the levy the sum
assessed in that person's favor; and he afterwards made
up an account of his disbursements for submission to
the justices of the county. ^

1 Lancaster County Records, Orders May ii, 1687.

2 The following entry in the Henrico County Records, levy for
Oct. 22, 1685, was by no means uncommon: "Sheriff to make
payment of ye sums above specified to ye several persons on yr
list named." The Present State of Virginia, idg^-S mentions that
the "sheriff was obliged to pay away the tobacco to the persons to
whom it was due. " See section ix. When special commissioners
collected the public dues, they also made the like payments. See
Lower Norfolk County Records, vol. 1646-51, p. 94; also Lancaster
County Records, vol. 1652-6, p. 302.

CHAPTER XXXIX
Taxation: The Quit-rent

DURING the Seventeenth century, only two kinds
of direct taxes were levied for any great length
of time : first, the poll tax, upon the character-
istics of which I have already dwelt ; and secondly, the
quit-rent, a land tax payable to the King. The quit-rent
was perhaps originally designed to show the supremacy
of the royal title to the whole country, not as against
aliens, but as against the inhabitants themselves. By
the terms of the early charters, every estate in Virginia,
small or great, owned by individuals, was to be held in
" free and common soccage"; the only reservation was
that one fifth of any metals discovered in its soil was to
be the property of the sovereign. As soon as the
Crown, in 1624, resumed administrative control of the
Colony, the quit-rent was imposed, a rent fixed at one
shilling for every fifty acres taken up under patent,
and seated to the extent required by law. As the area
of cultivated plantations spread out, the sum annually
accruing from this tax steadily increased; in 1631,
the General Assembly asserted that the quit-rents, if
faithfully collected, would be equal in value to at least
two thousand pounds sterling; as it was, even fifteen
years later the amount actually gathered in did not
exceed five hundred pounds sterling. At this time, the

575

576 Political Condition

quit-rents were used for the payment of the Treasurer's
salary. 1

The King, in 167 1, bestowed the quit-rents on Colonel
Henry Norwood, as some return for his fidehty to the
royal cause in its darkest hours; and in 1673, on Arling-
ton and Culpeper. The gift in either case carried with
it all sums in arrears. As we have seen, the grant to the
two noblemen was, in the end, revoked in consequence
of the outcry raised by the Virginians. About 1679,
Deputy-Governor Chichely submitted, through the
Privy Council, a petition to the throne for the release
of all quit-rents then unpaid, on the ground that they
amounted now to so great a figure that, if a serious
effort were made to collect them, it would fall with
intolerable heaviness on every citizen, but especially
on the members of the poorer classes. 2 That a large
sum due on this account was still outstanding when
Culpeper arrived in the Colony was shown by his com-
mand that the quit-rents should be collected during that
year with the utmost strictness in order to throw a
full light on the extent of the delinquency during
previous years; but the result was disappointing, as
the value of tobacco had now sunk to a low point, and
the charges for collecting the rents were very onerous.^

That such a large amount of quit-rents was always
in arrear was chiefly due to the fact that such a wide
surface of land belonging to tracts taken up under
patent, remained uncultivated. Of the five million
acres embraced in estates held by private owners, it
was estimated by Edward Randolph, towards the end

> Hening's Statutes, vol. i., p. 306.

2 Colonial Entry Book, 1676-81, p. 361; for gift to Norwood,
see Hening's Statutes, vol. ii., p. 517.

' British Colonial Papers, vol. xlvii., No. 105.

Taxation: The Quit-rent 577

of the century, that only forty thousand had been more
or less rescued from their original primaeval condition.
There were in the possession of members of the Council,
in 1696, not less than one hundred thousand acres which
had never paid one pound of tobacco as quit-rent. It
was not strange that the planters should think that all
unimproved soil should be relieved of this tax; and in
the long run, they seem to have been successful in
avoiding the full settlement of this branch of the
public dues; it was stated in 1696 that no land in the
Colony had ever been forfeited for the owner's failure
to pay the quit-rents, although much ground had lapsed
to the public from the neglect of the patentees to seat
it according to the requirements of law. ^ In King and
Queen county alone, during this year, it was supposed
that there were at least thirty-eight thousand acres
taken up from which no quit-rent had ever been re-
ceived. Here, as elsewhere, no effort could be made
by the officers of the Colony to collect the arrears be-
cause there was no personal property on the land to
be distrained on, and the owners themselves resided
in other counties. 2

It would seem that the quit-rents were, from an
early date, annually farmed out to members of the
Council, including the Governor himself. In 1665,
Berkeley took over those of James City and Surry
counties; Colonel Miles Cary, those of Warwick and
Elizabeth City; Colonel Thomas Stegge and Henry
Randolph, those of Charles City and Henrico; General

' B. T. Va., i6()6, vol. vi., p. 35.

2 Ibid., p. 23. Hartwell, in 1697, stated, in answer to the inquiries
of the English Commissioners, that some of the planters of Virginia
•who owned 60,000 acres so overawed the sheriffs that the latter
accepted these "men's accounts as they themselves would have it";
B. T. Va., 1607, vol. vi., p. 141.

VOL. II.— 37

578 Political Condition

Bennett, those of Nansemond and Lower Norfolk;
Nathaniel Bacon, Sr., those of York, the south side of
New Kent, and Isle of Wight; Peter Jennings and
Matthew Kemp, those of Lancaster and Gloucester, and
the north side of New Kent; Colonel Scarborough, those
of Accomac and Northampton; and John Lee, those of
Northumberland.^ It will be perceived, from this list,
that it was customary for the quit-rents of each small
group of counties to be farmed out to the Councillor
whose residence was situated in one of the groups. A
change occurred in 1699, for, in the course of that year,
the Council authorized William Byrd, the Auditor of
Virginia, to sell the quit-rents of each county to anyone
who would purchase them at the price of one penny a
pound of tobacco, the commodity in which they were
paid ; and who also would remunerate the sheriff at the
usual rate for collecting them. 2 Unless the quit-rents
were farmed out, or sold outright, the tobacco used
for their payment was delivered by the sheriff' directly
to the Auditor, who was empowered to retain seven
and a half per cent, of his receipts as compensation
for storing and selling the commodity. He afterwards
transmitted a full account of these receipts to the
Auditor-General of the Colonies residing in England. ^
The following table shows the value of the quit-rents
during a short series of years.*

> See Byrd Letter Book, fly leaf, Va. Hist. Society MSS. Coll. ;
see also Va. Maga. of Hist, and Biog., vol. iii., p. 42.

2 Minutes of Council, Oct. 19, 1699, B. T. Va., 1699.

3 B. T. Va., 1697, vol. vi., p. 141. The sheriff in making his
collections was guided by old rent rolls and his personal knowledge
of new patents; see Present State of Virginia, 1697-8, section
ix.

■> These figures are taken from entries on a fly leaf of Colonel
William Byrd's Letter Book, Va. Hist. Soc. MSS. Coll.

Taxation: The Quit-rent

579

Table i. Value of Quit-rents Collected 1663-65

James City and Surry

Warwick & Elizabeth City

Henrico & Charles City

Nansemond

Lower Norfolk

York, Isle of Wight, So. Side New

Kent

Lancaster, Gloucester, No. Side

New Kent

Westmoreland & Stafford

Accomac & Northampton

Northumberland

Rappahannock

Totals

Years

1663-5
1663-5
1663-5
1663-5
1663-5

1663-S

1663-5
1663-5
1663-5
1663-5
1664-5

1663-5

Lbs. of
Tobacco

26,107

14,305
22,974
i9;7i4
20,462'

33,438

38,673
12,880

32,487
9,831

230,871

Value in
Money

£,
130

71
114

5°

167

s.
1 1
II

1 1

d.
o
2
4
4
2

193 7

89 18

162 8

49 3

38 18 o

3
o

7
I

£1166 14 7

Exclusive of Rappahannock county, about two hun-
dred and thirty-one thousand pounds of tobacco were,
during this short interval, collected in the form of
quit-rents; and this quantity of that commodity was
valued at eleven hundred and sixty-six pounds sterling
and fourteen shillings.

Towards the end of the century, the income from the
quit-rents, on the average, ranged annually from one
thousand to fifteen hundred pounds sterling. 2 Between
1684 and 1690, an interval of six years, the revenue
derived from this, source was estimated at ;£4375
13s. pd.; but of this large sum, only ;€i985 14s. lod.
remained in the Colony's treasury in 1690, owing to the
heavy outlay in the different branches of the pubhc

» The valuation covered only one half of this total.

2 B. T. Va., 1692, No. 116; Beverley's History of Virginia, p. 200
et seq. Henry Hartwell, in 1 697, estimated the annual income from
the quit-rents at £800; see B. T. Va., 1697, vol. vi., p. 147.

580 Political Condition

service. An additional charge imposed on the income
from the quit-rents at this time was the annual payment
of the sum of three hundred pounds sterling to the
Lieut. -Governor. 1 Andros was, in 169 1-2, instructed
not to make any disbursements of these rents by his
warrant without being thoroughly informed as to the
surplus in hand, or as to the amount still due on this
account. 2 Nor was the Governor at liberty to dispose
of any part of this surplus for extraordinary objects
without first finding out the pleasure of the King; for
instance, in 1692, he had to request the royal sanction
to the expenditure of one thousand pounds sterling
belonging to this fund in meeting the cost of fortifying
Virginia against a possible French and Indian attack,
or of sending assistance to the neighboring Colonies in
case of a like invasion.^ This use of the quit-rents was
thought to be justified by the words inserted, in 1684,
in the repeal of the grant to Culpeper and Arlington :
it was there expressly stated that these rents should be
only employed for the " better support " of the Govern-
ment of the Colony*; and in aiding the adjacent com-
munities in a military emergency, it was considered that
this was an indirect means of preventing an incursion
into Virginia in the future.

» B. T. Va., 1692, No. 117.

2 B. T. Va., Entry Book, vol. xxxvi., p. 137.

3 B. T. Va., 1692, No. 96.

* See Repeal of the Culpeper Grant; also Colonial Entry Book,
vol. cvi., p. 274. Culpeper retained his right to the quit-rents of
the Northern Neck, which descended to the Fairfaxes by inter-
marriage with the Culpeper family.

CHAPTER XL
Taxation : Indirect Taxes

1HAVE mentioned incidentally the several varieties
of indirect taxes which were imposed in Virginia
during this early period. One of the most impor-
tant of these was the duty on liquors. This tax does
not seem to have been created as a permanency until
rather late in the course of the century. Berkeley
declared, in 167 1, that no import duties were then in
operation in Virginia^ ; and apparently it was not until
the example was set by the English Parliament that all
liquors brought into the Colony were, systematically,
made liable to such a charge. About 1683, the Com-
missioners of Trade and Plantations, recommending
the inauguration of this tax as a means of raising money
upon urgent occasions, asserted that it would be found
to be more equal and acceptable than the prevailing
poll tax. The suggestion bore quick fruit, for, in the
following year, the General Assembly laid a duty of
three pence a gallon on all the wine, brandy, and rum
imported into the Colony; and permission was granted
to pay this duty in kind.^ In creating the impost, this

> Hening's Statutes, vol. ii., p. 516. A tax on rum was imposed
about 1663, but the law, after being in force about a year, was
repealed; see Hening's Statutes, vol. ii., p. 128.

2 Cjlonial Entry Book, 1680-95, p. 208; Hening's Statutes, vol.
iii., p. 23.

581

5S2 Political Condition

body stated that its object was to lessen the burden of
the poll tax; and also to accumulate a fund to be
expended in building a State-House to accommodate
the sittings of the General Court and of the General
Assembly also. The master of every ship was required,
before he broke bulk, to report the quantity of liquors
he had on board ; and should he disregard this regulation ,
he was to be liable to the forfeiture of his vessel, her
guns, tackle, and furniture; but an exception was made
in favor of those persons whose ships had been con-
structed entirely in Virginia. These alone were to be
exempted from the operation of the tax. 1

The import duty on liquors was renewed in 1691 for
the exclusive purpose of diminishing the burden of the
poll tax. It was now again provided that no tax was
to be laid on liquors brought in in a vessel built in Vir-
ginia; and if the vessel had been constructed elsewhere,
but was owned by citizens of the Colony, the duty per
gallon was not to exceed two pennies. 2 This law was
re-enacted in 1695 and 1699. During this time also,
a tax of one penny a gallon seems to have been placed
on beer and cider, which apparently were not included
in the original list. It was estimated that from this
general source of revenue not less than six hundred
pounds sterling were annually obtained.^

In the account given of the admmistration of the
Colony's military affairs, reference was made to the
tax in the form of shot and powder paid by every in-
coming ship for the purpose of keeping the fort at Point
Comfort supplied with ammunition. At the close of
the century, every vessel reaching port in Virginia was

1 Hening's Statutes, vol. iii., p. 23.

2 Ibid., pp. 88, 132.

3 Beverley's History of Virginia, p. 200.

Taxation : Indirect Taxes 583

required to pay a tonnage duty of fifteen pennies.^
A similar tax, amounting, in 1633, to sixty-three pounds
of tobacco per poll, was imposed on every person
planting tobacco during the first year following his
arrivaP ; but this regulation was soon repealed, no doubt
because it was found to discourage new settlers, who
were absolutely dependent upon the production of that
commodity for a livelihood. In 1679-80, a duty of
six pennies had to be paid by the owner of every servant
or slave imported.-' Many years later, when it became
necessary to raise a fund for rebuilding the capitol,
which had been destroyed by fire, a duty of twenty
shillings was laid on every slave brought in; and of
fifteen on every white servant, provided that he or she
had not come from England. The operation of this tax
was designed to be only temporary, as it was in principle
repugnant to the public welfare, in consequence of the
fact that the Colony was so dependent for its culti-
vation upon these two classes of agricultural laborers.
The amount of income derived from this source fluctu-
ated because the supply of new servants and slaves
reaching Virginia from year to year was very irregular
and unequal.'*

A tax was, in 1691, laid on all skins and furs, as well
as on all wool and iron, exported from Virginia; the

> Present State of Virginia, i6gj-8, section ix.

2 Hening's Statutes, vol. i., p. 222.

3 Acts of Assembly, 1679-80, Colonial Entry Book; Hening's
Statutes, vol. ii., p. 468. In his Answers to the English Commis-
sioner's Inquiries in 1671, Berkeley stated that a considerable
income was, at that time, derived from the import tax on slaves.
It would appear from this that a similar law had been adopted at
an earlier date than 1679; if so, the Act has not, so far as we are
aware, been preserved.

^ Hening's Statutes, vol. iii., p. 192; Beverley's History of Vir-
ginia, p. 200.

584 Political Condition

principal object of which regulation was to procure funds
for the support of the projected College. It had, how-
ever, been the Colony's settled policy for some time,
to prohibit the exportation of such articles as these
because it was the only way of keeping in the people's
hands sufficient materials for the manufacture of shoes,
clothing, and iron work of different sorts. The rate
adopted for skins varied with the kind and condition;
for instance, for raw hides, it was one shilling, and for
dressed, two; and for buck skin and doe skin, eight and
five pence respectively. The duty imposed on each
pound of wool exported was sixpence, and on each
pound of iron, one penny. ^ Beverley estimated the
amount of income derived from these sources annually
at one hundred pounds sterling. 2

The most profitable of all the indirect taxes was the
duty of two shillings imposed on every hogshead ex-
ported from the Colony. The Act creating this tax
was first passed in 1657 ; and there were three anticipa-
tions leading to its adoption : — first, that it would afford
a certain and steady income for the support of the local
government; secondly, that it would assure the intro-
duction of coin into Virginia, since the duty would be
paid by shipmasters just arrived from England, who
were confidently expected to bring over, for that
purpose, a quantity of gold and silver; and thirdly, that
it would encourage a diversification of crops as a means
of lessening the tax.^

It shows how extraordinary was the change of

1 Hening's Statutes, vol. iii., p. 63.

2 See Beverley's History of Virginia, p. 200 ef seq.

3 Hening's Statutes, vol. i., p. 410. When tobacco was shipped
in a loo.se form, there was a tax of two shillings imposed on every
five hundred pounds; see Act of 1677, Hening's Statutes, vol. ii.,
P- 413-

Taxation : Indirect Taxes 585

opinion reflected in this memorable Act that, only a
few years before, a law had been adopted by the General
Assembly, in which it was declared that it would be
very unwise to lay any duty, however small, on exported
tobacco^; a statement that was entirely sound from
an economic point of view. In March, 1657-8, it was
decided to reduce the new tax to one shilling a hogs-
head; and the proceeds were to be used in paying the
salary of the Governor, whose remuneration could no
longer be derived from the English customs on tobacco ;
this arrangement, however, was subject to the reserva-
tion that only during the time this official was elected
by the House of Burgesses, he was to have any claim
on this new source of income. 2

Two years afterwards, the export duty on tobacco
was increased to ten shillings in the case of every
hogshead consigned to any of the English dominions
outside of Europe. This new regulation was really di-
rected against the merchant marine of the Dutch, from
whom the English were now striving to wrest the com-
mercial supremacy of the age.^ About 166 1-2, the
original Act imposing two shillings on each hogshead
exported was renewed. The tax of ten shillings,
when the hogshead was not to be conveyed to the
English possessions in Europe, was still, as a rule, en-
forced.* Should, however, the vessel containing a
cargo destined for some one of the other Colonies belong

' Hening's Statutes, vol. i., p. 413.

2 Va. Maga. of Hist, and Biog., vol. viii., p. 392.

3 Hening's Statutes, vol. i., p. 536. These ten shillings may have
been in addition to the ordinary tax and not simply inclusive of it.
This law was repealed in 1665, on the ground that its chief effect
was to increase the exportation of tobacco from Maryland; see
Yienxng's Statutes, vol. ii., p. 218.

" Ibid. pp. 130, 134.

586 Political Condition

entirely to citizens of Virginia, it was to be exempted
from the scope of this onerous duty^; and the same
privilege was granted when a ship, similarly owned, was
about to set out for English ports. The exemption
from the tax of two shillings did not apply when the
vessel had been constructed in Virginia, but belonged to
Englishmen. 2

It was the design of those who framed the Act impos-
ing the tax of two shillings that the burden thus created
should fall on the owner of the exporting vessel, generally
a merchant residing in England, and that the amount
due should not be really handed over until the tobacco
had reached an English port; and this seemed to be
assured by requiring simply a bond of the shipmaster
to pay when passing his cargo through the English
custom-house.^ The Council of Foreign Plantations,
however, very soon expressed their disapproval of this
plan; in an address to the King, in the course of 1662,
they sought permission to enforce the payment of the
tax in Virginia, either in actual coin or in goods of the
necessary value; and they also requested authority to
confiscate all tobacco transported over sea without the
master being able to show in England a cocquet proving
that the tax had been met before his departure from

1 Hening's Statutes, vol. ii., p. 134.

2 It was so decided in 1686; see Colonial Entry Book, 1680-95,
p. 227.

3 Petition of Owners of Ships trading with Virginia in 1662, con-
tains the following: "Whereas the Governor and planters there doe
of themselves, without any power given them by his Majesty,
compell ye petitioners, upon the arrival of any ship there, and
before they can break bulk to unload any goods, for to enter into
bond of ;;£2ooo, with sureties to pay in London to whom they shall
appoint, 2 shillings sterling money for every hogshead of tobacco
they shall laid aboard their said ship"; British Colonial Papers,
vol. xvi., No. 93.

Taxation : Indirect Taxes 587

Virginia. It seems to have been allowable, however,
to pay the duty with bills of exchange on London.^

Fitzhugh estimated that, in one year alone, the
revenues derived from the tax of two shillings per hogs-
head amounted, clear of all expenses, to nearly four
thousand pounds sterling. Of this sum, about twelve
huridred pounds was paid to the Governor in discharge
of his salary; one hundred to the Auditor-General of
the Colonies residing in England; three hundred to the
Auditor in Virginia ; and thirty or forty to each member
of the Council. The remainder was remitted to the
royal treasury in London. 2 Sometimes, this surplus
was, with the King's consent, spent in carrying out
certain public purposes in America; for instance, in
1693, one hundred pounds were dispatched to New
York to assist that government in its preparations to
repel an expected invasion by the French and Indians.
And in some years, considerable sums, drawn from the
same fund, were, no doubt, devoted to repairing the for-
tifications situated in the Colony.^ The income from
this source was in the end somewhat diminished by the
Act providing for an increase in the size of the hogshead.*

» Proceedings of Council of Foreign Plantations, Aug. 25, 1662,
British Colonial Papers, vol. xiv. A petition of Bristol merchants
trading in Virginia stated that, in 1665, they had "paid a tax of
2 shillings, 3 pence per hogshead imposed by the Governor of Vir-
ginia, for which they had given bills of exchange amounting to
near ;£4oo"; British Colonial Papers, vol. xix., No. 12. In 1670,
express permission was granted to pay in this form; see Hening's
Statutes, vol. ii., p. 283.

2 Letters of William Fitzhugh, April 5, 1687. In 1671, the
number of hogsheads exported were estimated by Berkeley at
fifteen thousand, which, during that year, assured from this tax
a revenue of about ;£3ooo.

3 Letter of Andros, January 5, 1693, B. T. Va., Entry Book,
vol. xxxvi., p. 253.

4 See Present State of Virginia, idgy-S, section ix.

588 Political Condition

In addition to the tax of two shillings, a tax of one
penny a pound was placed on every hogshead exported
from Virginia to any one of the English Colonies.
This tax, which seems to have been really created by
Act of Parliament, was intended as a substitute for the
duty of ten shillings adopted about 1660 by the General
Assembly of Virginia. It was in force in 1674; and in
the course of that year, Giles Brent was nominated to
the office of collector of the proceeds by the English
Commissioners of Customs. ^ The income derived from
it in Virginia was never very considerable, although it
was estimated that not less than forty shillings, by the
operation of this duty alone, had to be paid on every
hogshead shipped to New England, or any other of the
English Colonies in America. The deductions for special
charges against the amount raised were particularly
heavy: — for instance, the collector's fee was fixed at
fifty per cent, and the comptroller's, who revised the
audits, at twenty-five per cent, of the sums paid in.
The whole fund obtained annually from this source was
not supposed to exceed one hundred pounds sterling,
so small was the number of hogsheads conveyed from
Virginia to ports outside of England. 2 The collections
in Maryland added one hundred pounds to this amount.-'

Near the close of the century, it was calculated that
the government of the Colony, independently of the

> Randolph MS., vol. iii., p. 331. In i6gq, there seems to have
been still a separate collector for the one penny duty; see Memorial
of Richard Lee, et al., B. T. Va., vol. vii., p. 150.

2 Present State of Virginia, lOgyS, section ix. The fourth
quarter of the fund was supposed to be payable to the King, but
from year to year, it was practically eaten up by the charges for
the boats, men, and horses needed in collecting it; see Memorial
about the College, Dec. 11, 1691, B. T. Va., 1691, No. 71.

3 Beverley's History of Virginia, p. 200 ct seq.

Taxation : Indirect Taxes 589

poll tax, derived annually from all sources for its sup-
port about three thousand pounds sterling.^ This
income, to recapitulate, was obtained from the follow-
ing imposts : — the tax of two shillings on each hogshead
of tobacco exported ; the tonnage tax of fifteen pennies
paid by every ship arriving in Virginia; the head tax
of six pennies paid by or for every passenger, bond or
free, entering the Colony with the determination to
remain ; all fines and forfeitures arising under the opera-
tion of Acts of Assembly; all waifs and estrays; all
compositions for escheated plantations or chattels; and
finally, the proceeds from the sale of public lands
when it became permissible to purchase them with
coin or tobacco.

1 Beverley's History of Virginia, p. 200 et seq. This was also the
estimate given by the authors of the Present State of Virginia, i6g'j~
8. In 1673, Berkeley stated that the revenue of the Colony ap-
approximated ;£22oo; see British Colonial Papers, vol. xxx., No.
51, I. See also British Colonial Papers, vol. xxxvii., Doct. 19.

CHAPTER XLI
Taxation : Collectors and Naval Officers

IN 1624, the annual revenue derived by the royal
treasury from the customs paid on the tobacco
imported into England from the Colony closely
approximated ninety-one thousand pounds sterling. ^
Fifty years later, the income accruing from the same
source amounted to one hundred thousand pounds
yearly, 2 a sum which, in purchasing power, was equal to
at least two millions of dollars in our modem currency.
These figures throw a vivid light on the value of the
tobacco from Virginia passing through the English cus-
tom-houses in the course of every twelve months; and
a light not less vivid on the mere quantity shipped from
the wharves of the plantations. The first suggestion
that an export duty should be placed on all this com-
modity leaving Virginia, — a measure which would make

> British Colonial Papers, vol. iii., No. 23. The actual figures
■were ;g9o,35o.

2 Colonial Entry Book, 1675-81, p. 34. A large portion of this
revenue for 1674 was derived from the customs on the tobacco im-
ported from Maryland, — not the case, of course, in 1624, as the
latter province had not then been founded. In 1624, tobacco com-
manded in the English market a far higher price than in 1674, and
the duty was, no doubt, proportionately much higher also. This
explains the practical equality between the customs income from
this source in 1624 and 1674, although the importation of tobacco
into England was far greater in bulk in the latter year than in the
former, owing to the enormous increase in the production.

590

Taxation: Collectors 59^

the appointment of new revenue officers necessary, —
seems to have come from Richard Kemp; in a letter
dated 1636, he declared that, if a custom-house were
established in the Colony for this purpose, it would
quicken the Colony's trade, and greatly promote ship-
building among the inhabitants. Kemp's proposal
does not appear to have involved the idea of placing
on the exported tobacco a tax additional to the English
customs, but rather that the English customs should
be collected in Virginia before the tobacco was taken
away. The advantages to be gained by this were .
represented by him to be, first, the prevention of all
kinds of embezzlement, estimated by him to amount
annually to one third of the whole quantity dispatched ;
secondly, the avoidance of all losses which might
result from shipwreck, since the owner of the tobacco
would, under the plan suggested, have to pay the duties
before he would be permitted to carry his cargo off.
Kemp asserted that convenient custom-houses could be
secured simply by reviving an old law requiring the
erection of three storehouses at different points in the
Colony for the accommodation of the planters' crops
before being carried on board ship for transportation
to England. 1

Kemp's proposal was in the main rejected by the
English authorities as soon as it was submitted to them,
for, not incorrectly, they deemed it more prudent that
the customs on tobacco should be collected after its
arrival in England rather than before its departure from
Virginia. They were, however, strongly disposed to take
the proposal into favorable consideration so far as it in-
volved the idea of appointing an inspector for the whole
of this commodity exported from the Colony. The

1 British Colonial Papers, vol. ix., No. 9.

592 Political Condition

General Assembly appears to have already impowered
the Governor and Council to nominate such an officer,
to be known as Register, and who was to receive as his
remuneration a fee of twopence for every hogshead
shipped from the Colony's wharves; these fees were to
be paid him by the masters of vessels when, just before
sailing, they brought their invoices to him for exam-
ination. The Register proved to be an officer of
small importance; the first person to fill the position
under the English Government's appointment was
Jerome Hawley, the Treasurer of Virginia; and he was
succeeded by Richard Kemp.^ Apparently, the chief
duty of these men during their incumbency was to in-
form the English Commissioners of Customs of the num-
ber of hogsheads exported from Virginia in any one
year, so as to enable them to discover the more certainly
the extent to which tobacco was smuggled into the
ports of England; and also the extent to which it was
shipped to foreign countries directly after leaving the
Colony.

As soon as the export duty of two shillings a hogs-
head was created, it became necessary to appoint a
sufficient number of officers to collect it. In 1659, two
years after the Act was first passed, the Governor was
impowered to make these nominations. ^ Each col-
lector, however, had to be accepted and endowed with
the authority to act by the English Government,
especially after he came, by the operation of the Navi-
gation laws, to receive funds belonging to the English
Treasury. The commission granted to Christopher

' British Colonial Papers, vol ix., Nos. 40, no; vol. x., Nos. 5,
60, 1. Kemp had already occupied the position by the appointment
of the General Assembly.

» Hening's Statutes, vol. i., p. 549.

Taxation: Collectors 593

Wormeley in 1699 was entirely in harmony with
those received by his associates, all of whom, like
himself, had first been named by the Governor. ^ Such
was the case with John Lear and Major Charles Scar-
borough, who, in 1692, were appointed by Nicholson
collectors of the duty of two shillings a hogshead,
as well as of the duty of one penny a pound on the
tobacco shipped, not to England, but to some other
of the English Colonies. These officers were im-
powered to make collections in the interval preceding
the arrival of their commissions. 2 In one instance, at
least, that of Peter Heyman, the collector for the
Lower James River at the end of the century, the
nomination had been made by the English Commission-
ers of Customs entirely on their own initiative. He
was not a member of the Virginian Council either before,
or apparently even after his appointment; which he
seems to have secured by the influence of his family in
England, where he himself was residing when chosen to
the place. ^

Every collector was authorized to appoint a deputy
to serve temporarily or permanently in his stead.
At a meeting of the Council held in 1692, Christopher
Wormeley was permitted to name such a deputy to
represent him in Stafford county, and Edward Hill also
one to represent him in a part of the district of Upper
James; whilst the like privilege was, on the same
occasion, granted to Col. John Lear to name a dep-
uty at Kikotan. The reason given for allowing the

» See his commission as printed in Calendar of Va. State Papers,
vol. i., p. 51.

2 Minutes of Council, April 29, 1692, Colonial Entry Book,
1680-95.

3 Minutes of Council, June 8, 1699, B. T. Va., vol. liii. In 1699,
the Councillors were not permitted to hold the collectorships.

VOL. II. 38.

594 Political Condition

collectors assistants in the performance of their duties
was that it was often the only way to prevent fraud-
ulent irregularities on the part of shipmasters.^

The chief duties of the collector, in his relation to the
English Government, were, first, to put into execution
all Parliamentary measures regulating the plantation
trade; second, to carry out the instructions given him
from time to time by the Commissioners of the English
customs; third, to enforce all the provisions respecting
ships and crews embodied in the Navigation Acts, and
to report all violations and seizures under these laws;
fourth, to see that the arrival of every sea-going vessel
was reported to him, and that her cargo remained
undischarged until he had secured full information as
to its character, and also as to the port from which
the vessel had come, whether from England, or an
English Colony, — in which last circumstance, should
the merchandise on board be of English manufacture,
a cocquet was to be exhibited showing the payment of
the duties in that Colony; fifth, to obtain a certificate
from every captain leaving for Europe that he had given
bond in England, that he would land his cargo there;
sixth, to grant a certificate to every such captain de-
claring that he was taking his commodities out of

1 B. T. Va., 1692, No. 123. Christopher Wormeley, according
to Edward Randolph, resided fifty miles away from the scene of his
duties as collector. He had appointed Col. Griffin his deputy.
"Griffin lives by the water side," so Randolph stated, "and enters
into a book the names of the masters and ships, and keeps an ac-
count of ye fees of ye office for entry bonds, certificates, etc. Col.
Wormeley goes once or twice a year to receive his share of the
fees, but whence ye vessel comes, ye number and quality of ye
men, not a word." Randolph had come out from England in
order to make a report on the manner in which the revenue due the
English Government in the Colonies was collected; B. T. Va., 1692,
No. no.

Taxation : Collectors 595

Virginia in a legal way; seventh, to collect all duties
payable on imported or exported goods of various
kinds; and, finally, to send such information as to each
ship sailing for England with a cargo of tobacco as
would enable the Commissioners of Customs to discover,
after the cargo's arrival, whether any fraud had been
committed.

In addition to these duties, each collector was annually
required to transmit to the Commissioners a statement
as to the agricultural commodities produced in his
district, and also as to all the articles manufactured
there; and this report was to be accompanied by a
second statement as to the number of vessels belonging
to the inhabitants, and where and by whom they had
been constructed. One object of this inquiry was to
prevent the collectors from sharing in the ownership of
a trading ship, as this was supposed to be conducive
to fraud in the performance of their duties. "•

The chief duty of a collector in relation to the
Government in Virginia was to receive the sums
accruing from the tax of two shillings imposed on every
exported hogshead. These sums he delivered to the
Auditor of the Colony after swearing to their correct-
ness before the Governor. 2

1 British Colonial Papers, vol. lix.. No. 34; Colonial Entry Book,
1680-95, p. 156. It was stated, in 1699, by the Commissioners of
Customs that, in comparing the yearly entries at the custom-
houses in England with the account of the annual proceeds from the
tax of two shillings per hogshead, and from other duties in Vir-
ginia, there was revealed, in the different discrepancies, evidence
of great frauds on the shipmasters' part, and of delinquencies on
the part of the collectors themselves, arising either from neglect
or complicity. Nicholson was ordered to appoint no one col-
lector who was largely engaged in trade.

2 Present State of Virginia, idgy-S, section ix. The collector, as
an officer of the Colony, was often described as "Receiver of the

59^ Political Condition

The remuneration of the collectors was not incon-
siderable:— they received a fee of fifteen shillings for
every vessel of twenty tons, or under, arriving in the
waters of their respective districts, and of thirty shil-
lings for every vessel of more than twenty tons; but if
the ship had been built in Virginia, the fee was, in both
cases, limited to ten shillings and sixpence. They
were also authorized to charge two shillings and six-
pence for every license to trade issued to a sea captain,
and the like amount for every bond given by him on
the same occasion. Finally, it was estimated that the
collectors were, as the legal reward for their services,
entitled to not less than twenty per cent, of the entire
amount of the customs paid to them in their official
capacity. ^

The duties of the naval ofBcer were so involved with
the collector's that the two sets were hardly distinguish-
able from each other. During many years, the two
positions were held by the same man without any
apparent detriment to the public interests. The right
to bestow the ofBce belonged to the Governor; but, like
the nominations to the collectorships, his appointment
to it was, no doubt, subject to the approval of the
English Commissioners of Customs. ^

The naval officer was required to keep a strict account

Two shillings per hogshead and the Virginia Duties." The ex-
amination of his accounts by the Governor and Council was stated
by Hartwell to have been always perfunctory. See also B. T. Va.,
1697, vol. vi., No. 147; Hening's Statutes, vol. iii., p. 195.

> Beverley's History of Virginia, pp. 197-8; B. T. Va., 1697,
vol. vi., No. 147. The fees for entering and clearing vessels, li-
censing to trade, etc., were reduced by Act of 1699; see Hening's
Statutes, vol. iii., p. 195.

2 See Hartweil's Testimony, B. T. Va., 1697, vol. vi., p. 146; also
Nicholson's Letter dated June 10, B. T. Va., vol. viii.

Taxation : Naval Officers 597

of all the commodities brought into the Colony or carried
out of it ; and also to make an accurate note of the names
of all ships arriving and departing, their tonnage, the
number of their guns, the ports from which they last
hailed, and those to which they designed sailing on their
next voyage. All this information was to be reported
by him once every quarter, or four times a year, to the
Commissioners of Trade and Plantations. ^ This officer
also had the custody of the different certificates and
bonds required, under the Acts of Navigation, of all
shipmasters, whilst the cocquets and other warrants for
merchandize were left in the collector's custody. 2
In 1698, a Councillor having been forbidden to hold
either of these two offices, Nicholson named a different
person to fill each, on the ground that this would sub-
serve the merchants' convenience, and advance the
prosperity of the Colony's trade. ^ And this regulation
was in force during the remainder of the century.*
The naval officer, by way of remuneration for his
services, was entitled to appropriate ten per cent, of the
quantity of tobacco received by him ; and was allowed
to claim certain special fees in addition.^

« See Letter of Lord Sunderland, Colonial Entry Book, 1676-81,

P- 403-

2 Instructions to Collectors, 1686-7, British Colonial Papers,

vol. lix., No. 34.

3 B. T. Va., 1699, vol. vii.

* Hening's Statutes, vol. iii., p. 195; B. T. Va., vol. vii., p. 126;
Minutes of Council, June 8, 1699, B. T. Va., vol. liii.

5 Beverley's History of Virginia, pp. 197-8; Hening's Statutes,
vol. iii., p. 195.

CHAPTER XLII
Taxation : Auditor and Treasurer

THERE were two auditors to pass on the annual
returns from the Colony's indirect taxes during
the Seventeenth century: — first, the Auditor-
General, who resided in England, and was the final
examiner of the accounts of all the American revenues
coming to the King; and secondly, the Auditor whose
home was situated in Virginia. The first to hold the
position in England was William Blaithwayt, who was
appointed about 1680, and who received a salary of an
hundred pounds sterling.^ But the office of "Auditor
and Receiver for Virginia Duties" had already been
created in the Colony; as early as 1654, Thomas Stegge
was occupying it; and the incumbent's chief duty at
that time was to compel the sheriffs and the other col-
lectors of the revenue belonging to the King to render
accounts of their receipts and disbursements. These
accounts were always submitted at Jamestown; gen-
erally in March ; at which date both the General Court
and the General Assembly were sitting. 2 Stegge was

' B. T. Va., 1699, vol. vii., pp. 41, 47. This was the amount paid
by Virginia; it is probable that he received additional sums from
the other colonies.

2 See Stegge's Proclamation in Surry County Records, vol.
1645-72, p. 286, Va. St. Libr. The duties of Auditor were at first
performed by the Treasurer of the Colony.

598

Taxation : Auditor and Treasurer 599

succeeded in 1670 by John Lightfoot, whose com-
mission, however, was suspended the following year
because Edward Digges had been promised the office
as a reward for his persistent efforts to advance silk
culture in Virginia.^ About seven years later, Robert
Ayleway was appointed to the Auditorship for life^;
at this time, the elder Nathaniel Bacon was performing
its duties; and it became necessary for him now either
to retire, or to enter into an agreement with Ayleway
for a division of the fees. The latter, having become
Clerk of the Ordnance in Ireland, was not unwilling
to arrange matters; and this having been done. Bacon
remained in enjoyment of the office until 1687, by which
year his physical infirmities had so grown on him
that he was compelled to resign it. The elder William
Byrd succeeded him by authority of a commission
granted by James II; but Ayleway still retained his in-
terest in the office ; and it was not until Byrd purchased
this interest outright that he obtained an exclusive hold
on the position, which continued in his possession until
his death. ^

In a general way, the duty of the Auditor was to
examine the accounts of the collectors of the public
revenues, whether belonging to the King or to the
Colony. These revenues consisted of the following: —
the quit-rents ; the duty of two shillings imposed on every
hogshead exported; the tonnage duty of fifteen pence

1 British Colonial Papers, vol. xxx., No. 37; vol. xli., No. 144;
William and Mary College Quart., vol. ii., 204; Dom. Entry Book,
Charles II., vol. xxxi., p. 77.

2 Ibid., vol. xlii., No. 9.

5 Minutes of Council, June 20, 1688, June 25, July 11, 1689,
B. T. Va., Entry Book, vol. xxxvi., pp. 5, 8. See also Preface,
p. XXV., to Bassett's edition of the younger Byrd's Works; Let-
ters of William Byrd, Aug. 8, 1690.

6oo Political Condition

payable by every ship arriving in the waters of Virginia;
the duty of one penny a pound placed on all tobacco
transported to any English Colony in America ; fines and
forfeitures of different kinds; and, finally, all other
customs of whatever nature which the General Assembly
might from time to time decide to establish, whether
designed to be permanent or merely temporary. ^

Having made out his own account, after passing on
the account of each collector of the various duties and
customs, the Auditor laid it before the Governor and
members of the Council. This seems to have been
done regularly once in the course of every twelve
months. 2 Having obtained their approval (which
appears, as a rule, to have been a nominal proceeding),
he transmitted the account to the Auditor-General
in England. It was not infrequently accompanied,
at the request of the Governor and Council, by a state-
ment showing, with great particularity, the amounts
already disbursed for the support of the local govern-
ment; and the object of this seems to have been to
influence the King to be conservative in ordering an ap-
propriation of the surplus, as there might be f urtherneed
of drawing on the same fund for the Colony's uses.-'

Previous to Culpeper's administration, the Auditor
was required to submit his account to an examination

1 Culpeper's Report, 1681, Campbell's History of Virginia, p.
353 ; Beverley's History of Virginia, p. 196.

2 In 1699, the accounts were ordered to be settled once every
three months; see Minutes of Council, May 4, 1699, B. T. Va.,
vol. liii.

3 Minutes of Council, June 22, 1699, B. T. Va., vol. liii. During
some years, there was a deficit. In 1697, Byrd advanced £,2()$$
to cover shortages for the years 1696 and 1697, brought about by
extraordinary drafts upon the revenue. For this, he was, in 1698,
reimbursed by a warrant on the balance remaining in the treasury
at that time; Calendar of Va. State Papers, vol. i., p. 6i.

Taxation : Auditor and Treasurer 6oi

by the House of Burgesses before he transmitted it to
England; this gave that body an accurate idea of the
amount of the revenues reaching his hands ; and also as
to how these revenues had been expended. Culpeper
seems to have been successful in breaking up this cus-
tom; but for many years afterwards, the opinion was
repeatedly expressed by leading citizens that it should
be restored.^

Writing in 1699, Nicholson urged that the offices of
Auditor and Receiver of Virginia Duties ^ should not
be held by the same man, as was usual at that time.
One result of the prevailing rule was that the Auditor
passed upon the accounts of money which he himself
had paid out as Receiver, and in consequence, there
was no real check upon careless or fraudulent con-
duct on his part in performing the respective duties of
the two positions. Nicholson also complained of the
fact that the Auditor was not required to reside per-
manently at the seat of government; or at least live
there for a stated period during every year. All the
accounts of the office at this time were kept at Byrd's
dwelling house, where, as was pointed out, they were in
more danger of destruction by fire than they would have
been had they been kept in a public building at James-
town; moreover, so long as these accounts remained
in the Auditor's own home, they were, at his death, liable
to pass to his executors as a part of his estate. A certain
amount of tobacco belonging to the Government was
sure to be at the same place, an din settling the deceased's

' See letter of Thomas Ludwell written in 1688, Colonial Entry-
Book, 1685-90, p. 276.

2 "Receiver of the Virginia Duties," was his official title. These
duties consisted chiefly of the export tax on furs and skins and the
import tax on liquors, servants, and slaves; see oath, Va. Maga. of
Hist, and Biog., vol. xi., p. 162.

6o2 Political Condition

affairs, this revenue would become confused with his
private property; and only after great delay could it
be separated and delivered to the public authorities.^
During the London Company's existence, the head
of that great body was known as the Treasurer, a desig-
nation attributable to the fact that, as the legal cus-
todian of the corporate revenues, he was, at the end of
each year, required to submit a statement as to his
different receipts and disbursements during the previous
twelve months ; and also as to the amount of funds still
remaining in his hands. 2 In 16 19, the first Assembly
to convene in the Colony requested the Company to
appoint a sub-treasurer, and to order him to reside
permanently in Virginia as the only way of making it
convenient to the planters to pay their quit-rents.^
In compliance with this petition, George Sandys, one
of the most accomplished men of that age, was nomi-
nated; and, in 162 1, in the train of Wyatt, he arrived at
Jamestown, and at once entered upon the performance
of the duties of the office,'^ — duties which, at this early
day, consisted, not only in accounting to the Company
in England for all quit-rents and other revenues annually
accruing, but also in carrying out that body's directions
for promoting the cultivation of what were described
as the "staple commodities." Sandys received a
grant of one hundred and fifty pounds sterling to meet
the expense of transporting himself and the other
members of his family to the Colony; his office was
permanently endowed with fifteen hundred acres; and

1 Nicholson's Letter, July, 1699, B. T. Va., 1699, vol. vii.

2 Orders and Constitutions, 1619, 1620, Force'sHist. Tracts, vol. iii.

3 Minutes of Assembly, p. 16, Colonial Records of Virginia,
State Senate Doct., Extra, 1874.

* Randolph MS., vol. iii., p. 161 ; Campbell's History of Virginia,

Taxation : Auditor and Treasurer 603

fifty experienced tenants were sent over to make this
large and valuable estate immediately profitable.^

Jerome Hawley, a brother of Gabriel Hawley, the Sur-
veyor-General of Virginia, was, in 1637-8, appointed to
the office of Treasurer. He seems to have been the first
person nominated to the position after the Company's
dissolution, an event that had taken place some twelve
years before. 2 Like his predecessor, Sandys, he was
sent to Virginia primarily to ensure a more careful and
thorough collection of the quit-rents, for which certain
important provisions were now adopted; but in addition,
he was to serve as custodian of all funds accruing from
the fines or forfeitures imposed by any court in the
Colony. His annual account of the moneys obtained
from these sources was to be submitted to the Governor
and Council ; and their approval having been obtained,
the report was then to be forwarded to England. ^

Roger Wingate was, in 1640, acting as the Treasurer
of the Colony. A few years afterwards, when the basis
of taxation was extended to land, horses, cattle, and
other livestock, this officer was ordered by the General
Assembly to "make out a detailed report as to the
whole amount of real and personal property to be found

» Abstracts of Proceedings of Va. Co. of London, vol. i., p. 119.

2 British Colonial Papers, vol. ix., No. ^;^. Richard Kemp seems
to have, before Hawley 's arrival, performed some of the duties
incident to the treasurership. When Hawley demanded the full
enjoyment of all the rights of the office, Kemp began to stickle on
a question of precedency, which he claimed belonged to him both
as Secretary and as the most "ancient" councillor. For several
days, he declined to set his name to any order which had been
previously signed by Hawley. So great was his umbrage over his
loss of income in consequence of Hawley's appointment, that, upon
this ground alone, "a distance" was long kept between the two
officers; on the initiative, however, of Kemp himself; British Colo-
nial Papers, vol. ix., 1636-8, No. no; also No. 36.

3 Ibid., 1638-9, ^s, 33 I-

6o4 Political Condition

in each county. "^ After the Restoration, Henry
Norwood, a faithful adherent of the royal family in the
hour of danger and misfortune, received the gift of the
place by the direct intervention of Charles II himself;
and he seems to have held it to a date as late as 1677.2
In the following year, Gawin Corbin was serving as
Deputy-Treasurer, apparently under Thomas Ludwell
as Treasurer.

Down to 1 69 1, the Treasurer seems to have been
appointed by the English Government, but in the
course of that year, the General Assembly elected such
an officer, whose duties, however, probably did not
extend to any revenues, such as the quit-rents, which
could be looked on as belonging exclusively to the King.
The first Treasurer by the choice of that body was
Colonel Edward Hill, who was instructed to take into
his keeping all the funds accruing under the operation
of the Act for Ports passed to ensure a more thorough
collection of the customs; and also from the duty
placed on imported liquors. Hill was required to give
a bond with a penalty of five thousand pounds sterling;
and his salary was fixed at six per cent, of his entire
receipts.^ Robert Carter was occupying the office at
the close of the century.*

> Hening's Statutes, vol. i., p. 306.

2 York County Records, vol. 1664-72, pp. 30, 31, Va. St. Libr.;
Campbell's History of Virginia, p. 327.

J Hening's Statutes, vol. iii., p. 92.

* B. T. Va., vol. vii., p. 323; Hening's Statutes, vol. iii., p. 197.
Carter seems to have been appointed in 1699 to receive the revenues
accruing from the temporary tax on newly imported servants and
slaves, and also from that on imported liquors. In his testimony
before the EngUsh Commissioners in 1697, Henry Hartwell said:
"The House of Burgesses have pretended to a right of naming a
Treasurer of their own, which very lately denyed them makes them
suspicious and more unwilling to raise money"; B. T. Va., 1697,
vol. vi., p. 145-

CHAPTER XLIII
Conclusion

IN considering retrospectively the different conditions
prevailing in Virginia during the Seventeenth
century, the historian is deeply impressed with its
close resemblance in all the varied aspects of its life,
save the agricultural alone, to the Mother Country.
The Colony had been settled, not, like New England,
by the representatives of a single section of the English
people, namely, those in sympathy with a special phase
of religious belief, and its austere social influences, but
by representatives of the English people at large, who
were profoundly devoted to the monarchical principle,
to the doctrines of the Anglican Church, and to the
liberal and generous social traditions of their race.
The conditions observed in Virginia were, as a conse-
quence, much nearer to those which, in these early
times, gave a distinctive character to an English com-
munity; it was much more a segment of the Mother
Country, because more reflective of the typical di-
versities of life and thought prevailing there, — indeed,
it can be justly said that Virginia, in the Seventeenth
century, resembled England as closely as it was
possible for a sparsely settled colony of small wealth,
situated in a remote quarter of the globe, to do. All
the divergencies, like the system of agriculture, for

605

6o6 Political Condition

instance, had been practically dictated by certain con-
ditions existing in a land recently rescued from the
forest and the savage, — conditions not to be over-
looked in carrying out a general policy of adopting
English methods, customs, and laws.

Perhaps, the most striking points of resemblance
were to be discovered in the respective social habits and
leanings of the two peoples. There are several reasons
which account for this fact.

First, the direct English descent of the Virginians
of that age. The great bulk of the inhabitants of the
Colony of all ranks were sprung from the English
stock. The Scotch and Irish elements at this early
period were entirely lost in the mass of population;
and whilst the Dutch and French were of somewhat
greater consequence, nevertheless persons of those
nationalities were not sufficiently numerous to make
any permanent impression on the social tendencies
of the communities in which they resided. Indeed,
throughout the greater part of the Seventeenth century,
the principal citizens of Dutch and French origin had
intermarried with Englishwomen, and their children
did not differ in any respect from the children of
planters of the purest English blood. The foreign
infusion was practically obliterated by the second
generation. The whole population, therefore, was
always essentially and typically Anglo-Saxon; and
that being the case, it is only natural that the entire
community should have been controlled by those
ideas, traditions, and customs which had long char-
acterized the social life of the vast majority of the
English people at home.

The fact that the Virginians clung with such tenacity
to every tie binding them to the Mother Country

Conclusion 607

sprang, in no small measure, from the completeness
with which they had inherited all its social peculiar-
ities, from the division into social ranks to the popular
indoor and outdoor pastimes. No order of nobility
of course prevailed in the Colony, but the line separat-
ing the gentleman from the yeoman, and the yeoman
from the agricultural servant, was as sharply drawn
as in England. All the ceremonial terms indicating
social distinctions, all the badges and insignia marking
pride of blood, were in as constant use in Virginia as
in England itself. Custom gave as authoritative
sanction to gradations of social rank in the Colony as
the law gave in the Mother Country. The social gulf ly-
ing between powerful and wealthy citizens like the elder
William Byrd, Richard Lee, or Nicholas Spencer, and
the obscure proprietor owning an adjacent estate of a
few hundred acres, was as great as that dividing the
English nobleman from a neighbor who occupied the
same situation in life as the Virginian yeoman. The
exigencies of a new country were undoubtedly pro-
ductive of a closer personal sympathy between the
different classes in the Colony than was to be observed
between the different classes in England in that age,
but this sympathy did not serve, to an appreciable
degree, to break down the fundamental barriers divid-
ing the different social orders.

From the beginning, Virginia was a highly organized
social community. There was at no period in its
history during the Seventeenth century any of that
social equality which, in more recent times, has dis-
tinguished the life of American frontier settlements.
The aristocratic framework of its society was coeval
with the foundation of Jamestown. As the century
drew on to a close, that framework was seen to have

6o8 Political Condition

been strengthened rather than weakened by the Col-
ony's growth in wealth and population. One of the
most conspicuous proofs of this fact is to be found
in the change in the basis of suffrage; in the earlier
years, every freeman enjoyed the right to vote, but
after the Restoration, when the influence of the upper
class had become all-powerful, the franchise was con-
fined to freeholders and householders; and near the
end of the century, it was restricted to freeholders
alone. There are other indications equally unmis-
takable that time only gave additional vigor to the
aristocratic spirit already pervading the social life of
the community.

The loyalty of the people of the Colony to the social
characteristics of the Mother Country was shown, to
the same remarkable degree, in all their social customs
and diversions. It was observed in the celebrations
of funerals and weddings; and also in those varied
scenes accompanying the other large popular gather-
ings, whether held on the muster field, on the court-
house green, or at the church door. It was observed
in their love of those indoor amusements which had
long entertained the English in their hours of leisure,
such as card-playing, dice-throwing, betting, acting,
ten-pins, and dancing. It was observed in their
love of those numerous pastimes in which the horse
played a leading part; especially in their love of trials
of speed, upon a public or private race course, partici-
pated in by many trained steeds. It was observed
in their love of such sports in the open air as following
the hare and raccoon with dogs, hunting the partridge,
turkey, pigeon, and wild water-fowl with guns, catch-
ing fish with hook and line, or striking them with
spears. Indeed, the people of Virginia were even more

Conclusion 609

ardent and constant in the pursuit of all these amuse-
ments than the English because more dependent upon
them for diversion. And for the same reason, they
carried their observance of the laws of hospitality
even further; which led them to welcome to their
homes kinsman, friend, or stranger with more warmth
and unreserve than was usually displayed in the Mother
Country.

The second great influence at work to promote the
Colony's social resemblance to the Mother Country
sprang from the fact that, with barely an exception,
the foremost citizens throughout the Seventeenth
century had not only been born in England, but had
been reared and educated there; when they left the
Mother Country in order to make a permanent
home oversea, their characters had been formed, and
their opinions fixed, by the general tone of the com-
munities in which their previous life had been passed.
They were Englishmen, not only by descent and na-
tivity, but also by all those subtle influences of per-
sonal association and personal observation brought to
bear upon their dispositions in their childhood, youth,
and early manhood. It was under an English roof
that their first lesson in social laws had been incul-
cated; it was in intercourse with English companions
that their first knowledge of social amusements had
been obtained; it was at an English school that they
had acquired their first learning in letters; it was by
an English clergyman that they had been first grounded
in religious doctrine. In short, every impression
which they had received at this susceptible age was
purely English. Their views as to religious faith, as
to forms of government, as to the social order, as to
rights of private property, — all had been shaped by

VOL. II — 39

6io Political Condition

the particular English ideas they had inherited or
imbibed. The energy, firmness, and enterprise re-
flected in their willingness to emigrate indicated that
they were animated to an extraordinary degree by the
spirit of the very greatest of the English personal
qualities ; and it was this very fact that chiefly accounts
for the social and political influence which so many of
these transplanted Englishmen possessed after their
removal to the Colony. Samuel Mathews, Richard
Lee, the elder Nathaniel Bacon, Thomas Ludwell, the
elder William Byrd, Robert Beverley, William Fitz-
hugh, and a hundred others of equal prominence at
one time or another during the course of the Seven-
teenth century, were natives of England, were reared
in English homes, were educated in English schools, and
had mingled until their majority in English social life.
It was these men who shaped the history of Virginia
during this long period, whether we regard that his-
tory from a social, political, or economic point of
view; and it was only natural that the personal in-
fluence exercised by them precisely resembled in
character the personal influence exercised by their
contemporaries in England who stood in the same
social rank, owned the same amount of property, and
w^ere distinguished by the same moral and intellectual
qualities. The large land-owner of gentle descent and
powerful family connections residing in one of the
English shires did not occupy a more commanding
position in his own community than William Fitzhugh
did in the upper part of the Northern Neck, William
Byrd in the upper valley of the James, Robert Beverley
in Middlesex, or Adam Thoroughgood in Lower Nor-
folk. And this great personal weight was derived in
every instance from exactly the same causes, namely,

Conclusion 6ii

the possession of unusual mental and moral force, the
enjoyment of large estates, and perfect sympathy in
religious, political, and social opinion with the mass
of the people amongst whom they lived.

The points of view of the general population were
already distinctly English, but the whole influence of
these prominent men, as exerted by example, was
directed towards making these points of view more
English still, and this they did by their observance
of all the English rules in the management of their
domestic affairs; by their loyalty to those social cus-
toms they had first come to know in English homes;
by their reverence for those social ideals they had
drunk in with their mothers' milk; by their devotion
to the form of government under which they were
born, and their respect for every branch of official
authority ; by their reverence for the Church of England,
whose doctrines had been instilled into their minds in
their childhood; and by a personal demeanor marked
by all that stateliness and dignity springing from the
consciousness of gentle descent and superior talents,
from long intercourse with refined society, from the
enjoyment of fortune, and from the possession of
the best literary culture afforded by the age. How
fructifying were the social influences pervading the
Virginian homes of these conspicuous transplanted
Englishmen is revealed in the extraordinary personal
attractiveness of many of their sons. Such men as
the younger Daniel Parke, and the younger William
Byrd, as we know, won a high consideration in some
of the most critical drawing-rooms of the Old World,
and showed themselves fully equal to all the exacting
requirements set by the social standards of its most
polished and accomplished circles.

6i2 Political Condition

A third influence promoting the Colony's social
resemblance to the Mother Country was the existence
in Virginia also of a system of extensive landed estates.
The large plantation had its origin, as has been pointed
out elsewhere, primarily in the peculiar requirements
of tobacco culture. Tobacco was a plant that de-
manded the richest soil for its production in perfection.
There were no artificial manures in that age which
could be used for the restoration of the fertility of
old fields worn out by exhaustive methods of tillage;
and the only means of overcoming this condition was
to create new fields by removing the heavy forest
growth, whether primeval or secondary. In order
to secure such new fields, it was necessary that the
area of each plantation should reach over a very con-
siderable surface of ground; and the greater the plan-
tation, the more certain it was that there would always
be virgin lands within its boundaries to open up.
There was no disposition on the part of the authorities
to check this economic tendency, not only because
its practical necessity was recognized, but also because
one of its chief results was to press back the line of
frontier, since the search for a fresh and rich soil, not
always to be supplied by an old plantation, was con-
stantly inducing the settlers to spread out further and
further. As the line of frontier was moved outward,
the danger of Indians making incursions into the heart
of the Colony permanently vanished, and thus the
Colony was in a position to preserve and increase
the strength and wealth of its central parts without
interference.

But the tendency toward the large plantation did
not arise altogether from the needs of tobacco culture.
It was partly due to a characteristic of the land-owners

Conclusion 613

derived from their English fathers, namely, a desire
for privacy in their domestic life. A love of isolation
in the situation of his home has long been a conspicuous
trait of the rural Englishman of fortune; and it is as
noticeable in him to-day as it was three hundred years
ago. If compelled to erect his residence near a public
highway, owing to the small size of his estate, he will
shut out public observation by building a high wall,
or planting a thick hedge around his grounds. If,
however, his lands spread over much space, his dis-
position is to erect his dwelling house where it will be
screened entirely from view by groups of trees, or by
the intervening distance. This was the feeling of the
Englishmen of means who settled in Virginia. One
of the greatest advantages, in their opinion, attending
the acquisition of an extensive tract there was that
it permitted the choice of a site for a home where the
proprietor could live in complete retirement, except
so far as it might be broken by the welcome presence
of kinsmen, friends, and invited strangers. The se-
cluded existence of the plantation had a tendency
to confirm the disposition of the transplanted English-
man to reside out of sight of the public road, a dispo-
sition he had inherited from his ancestors. The larger
the estate, the more certainly was this disposition
gratified. Moreover, in Virginia as in England the
social importance of the land-owner was very much
dependent upon the extent of his holdings; and the
influence of this fact also stole in to promote his desire
to secure possession of as large an estate as it was
possible for him to do.

The immediate effect of the system of large planta-
tions was to foster and strengthen in these transplanted
Englishmen all those traits which had been a part of

6i4 Political Condition

their moral and intellectual growth before they emi-
grated to Virginia. The remoteness and the seclusion
of the plantation life created no influence to modify
these traits; on the contrary, that life would seem to
have offered more unobstructed room for the display
of these traits than did England itself, for, being more
retired and more independent, it must have been less
conventional and less artificial in its general character.
The land-owner was left to act wholly in accord with
the ideas and habits he had brought with him to the
Colony, — indeed, there was nothing whatever to inter-
fere with his continuing to govern his life by the general
principles of thought and conduct in which he had been
reared. All the tendencies of the prevailing system
really accentuated the leanings derived from his early
environment and education. His jealousy of his
personal liberty of action was only increased; his love
of political freedom was only enhanced; his devotion
to his home and family was only intensified; his hos-
pitable disposition was only promoted; and his re-
ligious sense was only made the deeper. In brief,
his loyalty to all the English ideals in every depart-
ment of life only grew the more ardent and the more
unreserved.

A fourth influence promoting the Colony's social
resemblance to the Mother Country arose from the
presence of the indentured servant and the slave.
During the existence of the term for which he was bound
out, the servant, whether domestic or agricultural,
was as completely in the power and under the control
of the master as if he were in the same state of bondage
as the negro. He could be sold or disposed of by will
with equal conformity to the law; the only difference
was that he could be held only during the continuation

Conclusion 615

of his term, whilst the slave remained the property
of his owner during life. The fact that the negro had no
ground for expecting the termination of his bondage,
and the fact also that he was by nature more docile
and submissive, made him more subservient to his
master, and his master in turn more kind and affection-
ate to him. The slave stopped permanently on the
plantation; the indentured servant, on the other hand,
departed at the end of his term, and was quite prob-
ably seen no more by his former employer. The slave
generally died on the plantation on which he was born.
That was his home; and there he looked forward to
being buried. His interest in his master's family was
naturally keener than that felt by an indentured ser-
vant; his identification with that family far closer,
and his pride in all that concerned its members far
more lively. This greater personal devotion, this
more cheerful and more complete self-obliteration,
brought about by the difference in his situation, made
the influence springing from slavery more feudal and
more baronial than the influence springing from in-
dentured service; but indentured service, on the other
hand, by subordinating one set of w^hite people abso-
lutely to another set, accentuated even more than
slavery did the differences of social degree among the
whites themselves. The great body of white servants
formed a separate class of itself, the lowest in the social
scale among the white population. It was a class as
clearly recognized by law in Virginia as the class of
noblemen, at the other end of the scale, was in England.
The fact that the chance of becoming a prosperous
land-owner himself after his term had ended was open
to every indentured servant made no difference in
his standing as long as he was actually under articles.

6i6 Political Condition

The class always remained, however constantly the
individuals composing it were changing; and its ex-
istence raised and confirmed the social position held
by the highest circle of planters.

It was not simply by the creation of a practically
enslaved class among the great body of whites them-
selves that indentured service promoted an aristocratic
spirit in the social life of the Colony. The white per-
sons bound out under articles required even more
skill for their management and control than the ne-
groes; they were more difficult to govern and direct
to advantage; and, therefore, their supervision con-
stituted a finer school than the supervision of slaves
for the cultivation of the power to command men,
and of the ability to obtain from them the largest
amount of labor within a given time.

It was not until towards the end of the century that
the number of the negro bondsmen approximated the
number of white servants. In 1649, there were only
three hundred blacks included in the population,
but in 1700 there were many thousand. It was the
indentured servant and not the slave who played the
chief industrial part throughout the greater portion
of this century; and, therefore, the influence exercised
by the former upon the social institutions of the Colony
during this long period, was far greater than that
exercised by the latter. But it shows how similar
the social and economic influence of indentured service
and slavery respectively was, that, when slavery began
in the system of colonial life to overbalance indentured
service, not only was no divergence in the spirit of
that system observed, but this spirit was only the more
strongly confirmed in the direction which it had already
taken.

Conclusion 617

Virginia's resemblance to the Mother Country during
the Seventeenth century was, from a reHgious and moral
point of view, as remarkable as it was from a purely
social. The population of the Colony, as already
pointed out, was not drawn from any one section of
the English communities which had grown out of
sympathy with the disposition of a majority of their
compatriots. In their social customs and habits, as
we have seen, the Virginians were in touch with the
great bulk of the English people; and so were they
in the moral standards which they applied to personal
conduct. They combined the power to enjoy all the
pleasures and amusements of life with an unaffected
reverence for religion, and a genuine respect for mo-
rality. In Virginia as in England, among the men who
played the various games of chance so popular in that
age, — who attended and bet on the public races, — •
who flirted with the prettiest women at the musters, — •
who danced untiringly at balls in the plantation
homes, — and who feasted and drank mutual healths
on social occasions in private houses with all the zest
of their mediaeval forefathers, — were the very ones
who, from the county benches, enforced, with most
strictness, the rigid laws adopted for the observance
of the Sabbath, and the suppression of the vices of
profanity, drunkenness, bastardy, and the like. It
was they who set the example in being present at
religious services with regularity, and were most reso-
lute in requiring that this example should be followed.
It was they who saw that the helpless poor obtained
relief from the parish; and it was they who also most
frequently remembered the indigent in their last wills.
In their daily lives, they acted upon the principle
inculcated by all the influences of the Anglican Church

6i8 Political Condition

to which they belonged, namely, that there was no
inconsistency between religion and morality and a
reasonable indulgence in pleasure and amusement;
and if they sometimes erred on the side of excess, it
was to be set down to human infirmity (which they
were the first to condemn), and not to deliberate
bestiality.

There are numerous indications that the moral
tone of Virginia in these early times was in some
respects higher than that of the Mother Country.
There was apparently among the Colonists none of
that love of cruel sports long distinguishing the
English people. The confinement of extreme pov-
erty to a very few persons, and the entire absence
of town life, prevented the creation in Virginia of a
degraded class resembling the one observed in England,
whose members had reached a condition of great
brutality in their general character. The class of
which the like might have been expected in the Colony
was in a state of indentured service, and, therefore,
subject to strict and continuous supervision. And
when the members of this class became free, they did
not congregate, as in England, and grow more vicious
still, but instead either scattered over the face of the
sparsely settled country in search of employment, or
acquired an interest in a small newly patented estate
situated on the frontier. Their wide dispersion, in
consequence, made it easier for the magistrates,
vestries, and clergymen to protect the moral interests
of the Colony from their possible bad influence.

The whole religious establishment was modelled
on that of the Mother Country. There was the division
into parishes, and the government by vestries. The
clergymen were supported by tithes regularly levied,

Conclusion 619

and were required to conform strictly to the canons
and doctrines of the Church of England. Schism and
dissent found no favor among any great number of
the members of the educated and ruling classes. In
one particular alone was there any divergence from the
English ecclesiastical system: — many of the ministers
held their livings at the pleasure of their vestries,
instead of enjoying, as in the Mother Country, a free-
hold. But this difference had its origin in practical
considerations. In Virginia, all the benefices were
filled by the vestries, and, not as in England, by pa-
trons, either personal or scholastic, who dictated the
nominations and could enforce their confirmation.
The vestries very properly were disposed to hire by
the year, and not to induct permanently, because the
ministers, being imported from England, were not, be-
fore they presented themselves as candidates, known
in Virginia, either personally, or by general reputation.
Prudence suggested a trial until their merits should be
fully tested; and experience also proved that a clergy-
man dependent upon the good-will of his congregation
was apt to be more assiduous and faithful than one
who was not.

However ardently the people of Virginia in the Seven-
teenth century might have wished to introduce into the
Colony the general system of education prevailing in
the Mother Country, there were numerous obstacles
in the way of the complete realization of their desire.
The first of these was purely physical; but it was for
that very reason all the more powerful in its influence.
One of the principal consequences, as we have seen,
of the large plantation system was the dispersion of
the inhabitants over an extent of surface far out of
proportion to their number. There were no centres

620 Political Condition

of population, as in New England, where the tendency
of the people, from the beginning, was to congregate
in towns and villages, thus making it practicable to
establish schools in reach of every child. In Virginia, on
the other hand, the population residing not far away
from each schoolhouse was generally small; and the
majority of the scholars were only able to attend by
walking or riding a great distance, and by defying the
vicissitudes of all sorts of weather. Nevertheless, in
spite of these drawbacks, there are indications that
every neighborhood in the older divisions of the Colony
was in the possession of one private school at least.
Sometimes, as we have seen, the schoolhouse was situ-
ated in an old field at some central point where it
could be most easily reached by all the pupils of the
surrounding country; sometimes, in a private residence,
where the teacher was employed to instruct, not only
the children of the owner, but also the children of the
nearest planters. This teacher was just as frequently
the clergyman of the parish (a man who had enjoyed
the best education the age could offer) , as a pedagogue
obtaining a subsistence by giving up his whole life to
this one occupation. In many families, there were
tutors, whose entire attention was confined to the chil-
dren of these families, and who were able to impart
as thorough instruction as could, in those times, be
secured outside of the walls of the English colleges.
Not a few of the young Virginians were sent to England
to acquire their education.

As has been pointed out already, nearly all the lead-
ing Virginians of the Seventeenth century had been
bom and educated in England, and it was only natural
that, after settling in the Colony, they should have
retained their appreciation of all these early advantages

Conclusion 621

of instruction, and that they should have made a
determined attempt to afford their children every
facility of the same kind which could be created in
that remote part of the world. It is not improbable
that the very absence of a great circle of free grammar
schools resembling those they had been accustomed to
in the Mother Country, led them to be the more so-
licitous to encourage in their new community the estab-
lishment of private schools. But this attitude on
their part did not prevent the exhibition, from an
early date, of a desire on the part of both wealthy in-
dividuals and public bodies to set up in Virginia
institutions modelled on the English free foundations.
Benjamin Symmes offered an example to his fellow-
planters which was soon followed by Thomas Eaton
and others of equal benevolence and public spirit. In
1660, as we have seen, the General Assembly took
steps to erect a College that would afford to all an
opportunity for acquiring an advanced education;
and before the century had ended, the comer stone of
William and Mary had been laid.

,in proportion to the number of persons who, in the
Seventeenth century, constituted the higher planting
'class of Virginia, the collections of books existing in
/ the Colony were apparently neither smaller in size,
' nor less choice in contents, than those found in the
rural homes of England during the same period. We
have seen that these collections not only, in many
instances, embraced several hundred volumes, but
also covered a great variety of subjects; and not infre-
quently included the principal Latin classics. In many
ways, a life like that of the plantation, so remote from
the English centres of culture and learning, was dis-
couraging to literary tastes and interests; but in some

62 2 Political Condition

ways, it was promotive of such interests and tastes;
for the comparative paucity of amusements must have
led many persons to turn to the books they possessed
for pastime in an hour of leisure; and by constant re-
reading, they must have become more familiar with
the spirit of these books than if they had had a large
number of new ones to peruse. The younger Beverley
and the younger Byrd were both born, and both re-
ceived their first education, in Virginia before the end
of the century, and both show in their writings that
capacity for composition which comes, not so much
from the intuition of genius, as from the study of the
best English iiterary models.

It was not to be expected that the complicated and
diversified system of couT^ts prevailing in England
would be established in a Colon)^' so sparse in popu-
lation and so limited in wealth as Vii'^inia was in the
Seventeenth century. There would hav'^ been no
reason for the erection of such a variety of cou'rts even
if the funds for their pecuniary support had been a' J^pl^,
since the volume of business which each would i^ave
been called upon to transact would necessarily ha^e
been extremely small. Two courts — the County an(^
the General — were, until nearly the end of the century,'
sufficient to settle all the causes coming up in Vir-
ginia in these early times. To them was entrusted
the jurisdiction of every one of the English courts of
law; in performing their different duties, the judges
of these two courts took into view that entire field
which, in England, was divided between the King's
Bench, the Common Pleas, the Exchequer, Chancery,
Ecclesiastical, and Admiralty Courts. Each of the
Virginian courts was all these courts combined. The
great difference between the two Virginian courts was

Conclusion 623

that one possessed an original jurisdiction, the other
both an original and an appellate. There was no side
to their general character which was brought about
by the requirements of a new country except that they
were especially adapted to the settlement of legal
business in the most direct manner; and above all,
in the most economical. In one way alone did their
operation diverge from that of the English courts,
namely, in the use of a less formal and a less rigid
system of procedure. This was the result of two
causes: — first, the judges of Virginia were, as a rule,
men who had not, before ascending the bench, enjoyed
any legal training, and consequently they were indis-
posed to encourage a system of pleadings only tending
to confuse them on account of their ignorance of all le-
gal forms except those of the simplest nature ; secondly,
in a new country, where there were practically no fa-
cilities for acquiring a thorough legal education, the
attorneys were not inclined to insist upon the necessity
of formal pleadings because it would have required
more learning to practise law.

One of the most characteristic features of these
early times was the strictness with which the various
legal regulations were enforced. Not even in the
Mother Country itself did the Law pursue a more fixed
and orderly course. This was but one of the numerous
aspects of life in Virginia during this century which
reveal how fully the sober and conservative spirit of
the English people prevailed in the Colony. From
the establishment of the monthly court, during the
existence of the Company, down to the end of the
century, the regular system of legal administration
was sustained by the whole force of public opinion.
There was no need for the display of that wild spirit

624 Political Condition

of justice, which, in our age, leads the citizens of so
many American communities to take the law into
their own hands, and inflict a rude and summary
punishment for serious offences. There was no occa-
sion for the organization of vigilance committees,
although revolting acts of criminality were not un-
known; the machinery of each court performed its
work smoothly and promptly; and its supremacy as
the guardian of life and property, and corrector of
wrongs, remained unquestioned.

It was as easy to introduce into Virginia, in the very
beginning, the general system of English jurisprudence
as it was the general system of the English Church.
It was declared in the very first Charter that English
law should be in force in the Colony; and that this law
was not to be modified except in those special cases in
which the circumstances of a new country required
the adoption of a different rule. Two great features
alone of the English law were radically changed when
the body of that law was put in operation in Virginia.
First, the penalty for many offences which, in England,
were punished with death, was, in the Colony, graduated
to the true character of each act. A vigorous whipping
was, in many instances, substituted for hanging as
more in harmony with the suggestions of humanity
and common-sense. Even if the charters had not
confined the punishment of death to a few heinous
crimes, the influences springing from the special con-
ditions prevailing in Virginia, in consequence of the
secluded existence of the people, would inevitably
have moderated there the terrible criminal code of
England of that day. Not only were all the neces-
saries of life more abundant in the Colony than in
the Mother Country,— not only were all personal and

Conclusion 625

property rights less strictly asserted and enforced, —
but the judges of Virginia could not, like the judges
of England, compromise with their sense of humanity
by sentencing to transportation convicts whom the
law required to be hanged for some trivial offence
which they had committed. England had the power
to ship her criminals off to the Colonies, but the Col-
onies, on the other hand, were not in the same position
to transfer their criminals from one to another.

The second great departure from the English legal
system was the adoption of a regulation requiring the
public recordation of deeds. In England, all instru-
ments of conveyance and the like were preserved in
muniment chests carefully stored away as private prop-
erty; and in consequence their contents were never
open to public inspection. The establishment of public
record offices in Virginia, and the enforcement of laws
making recordation obligatory to ensure the validity
of deeds, was an extraordinary innovation, and, like
the graduation of punishments to the real nature of
offences, showed that the conservative spirit of English-
men, in these early times, gave way to the demands
of practical good sense as soon as they were withdrawn,
as in Virginia, from the sphere of customs having their
origin in a remote past. The men who emigrated to
the Colony saw clearly enough in that different situa-
tion what were the precedents which should be dis-
carded. During that early period, the planters'
residences were often frail and temporary, and exposed
to many vicissitudes from fire and Indian attack;
and it was, doubtless, recognized almost from the be-
ginning that these houses did not afford the same se-
curity for private deeds of all kinds as the substantial
walls and roofs of English homes. This difference very

VOL. II. 40.

626 Political Condition

probably first suggested the erection of public offices,
where all such papers might be recorded in order that
the fact of their existence should become a matter of
universal notoriety.

The military system of Virginia in the Seventeenth
century, although necessarily operating within far
narrower bounds than that of England during the same
period, was nevertheless, from some points of view,
perhaps the more highly organized of the two. The
explanation of this lay in the fact that the fear of
Indian incursions was never allayed for any great
length of time. The people occupying the country
adjacent to the frontier had special reason to feel such
apprehension, for, although the tribes in their neigh-
borhood might be friendly and tractable, yet there
was always a danger that the tribes residing at a dis-
tance might, without any warning, come down on
them at any hour. From the earliest years in the
history of the Colony, marches against the Indian
towns occurred almost annually. There was hardly
a single able-bodied citizen in the Colony who had not
at one time after his arrival at manhood had an ex-
perience of actual warfare under these stirring cir-
cumstances. The need of military organization was
recognized all the more clearly because an Indian
attack was invariably accompanied by unspeakable
atrocities, which made the deepest impression upon
the memory and the imagination. That organization
was supported by the popular voice with extraordinary
unanimity. Military service was regarded as such an
imperative duty that its evasion was considered to be
a crime against the safety of the community. The
animosity aroused against the Quakers was largely
due to their outcry against their own enrolment in the

Conclusion 627

militia; there was no sympathy whatever with the
peace doctrine of the sect, because it was looked upon
as jeopardizing potentially the life of every citizen
by exposing every neighborhood to Indian assault with
a diminished power of resistance.

In the quiet and uneventful existence led by the
planters, it is quite probable that the readiness to
perform military duty had its origin, in some measure,
in the opportunity for change and excitement which
it offered. A march against the Indians was, on the
whole, the most stirring event in the life of the ordinary
citizen, because, in its course, he was not only exposed
to great personal danger, but also, in the dimness of the
primeval forests, haunted only by savages, beasts,
and birds, he saw the most romantic and impressive
side of Nature. Moreover, during these expeditions,
he was brought into association with the principal
men residing in his part of Virginia, on a footing of
military comradeship, the most intimate of all. The
military life of the Colony was, from year to year,
sterner and more active than that of the Mother
Country, which, in general, consisted simply of militia
musters and drills, although many soldiers were drawn
away to take part in the campaigns on the Continent.
If the civil wars in England are omitted from view,
the militia of Virginia in that age were perhaps en-
gaged in more real military operations than the English
militia; and there was in their organization, therefore,
a more pressing need of thoroughness and efficiency.

From one point of view at least, the persons com-
posing the militia of the Colony were better prepared
for military service than the majority of the con-
temporary Englishmen. Not only were the Virginians
accustomed from youth to a life spent almost entirely

628 Political Condition

in the open air, which hardened them against the brunt
of every kind of trying weather; not only were they,
to an extraordinary degree, trained in the exercises of
walking, running, and riding; but from the very first
year when they were able to shoulder a gun, they had
been perfecting their aim in shooting. Moreover,
their only foe was the Indian, and long experience had
given them a thorough knowledge of the Indian arts
of warfare, and the most successful ways of combating
those arts. Whilst the English system of drill was
taught in Virginia, there is reason to think that a
special drill, designed to meet the peculiar tactics of
the savages in particular, was carefully taught in
addition. The details of the system of discipline on
the march were adopted substantially from the English
system; and in the same way, the general methods of
raising and supporting troops for a special expedition
were of English origin. By an Act of Parliament
passed after the Restoration, every owner in England
of personalty to the amount of six thousand pounds
sterling, or of land assuring an income of at least five
hundred pounds sterling annually, was to provide and
equip a horseman; whilst every owner of six hundred
pounds sterling in the form of personalty, or of land
returning fifty pounds sterling yearly, was to provide
and equip one pikeman. In Virginia, on the other
hand, where the volume of wealth was so much smaller,
the provisions of this law were, whenever it was found
necessary to send out an expedition, modified by im-
posing, not upon one citizen, but upon a designated
group of citizens, the equipment and support of the
single horseman or footman they had chosen for the
duty. The plan of a certain number of contiguous
counties entering into a military association for the

Conclusion 629

accomplishment of definite military purposes was
introduced from England. At no time in Virginia,
however, as in the Mother Country, was there a regular
force resembling a standing army, although, as we have
seen, the frontiers were often, for a period of several
years, patrolled by small bodies of rangers, and the forts
occupied by small garrisons.

The influence of the Mother Country was especially
reflected in the political system of Virginia; indeed
that system had been intentionally patterned as closely
as possible upon the one prevailing in England. The
Governor, the head of it, was the shadow of the King
in every department of the Colony's public affairs;
as Commander-in-chief, as the principal judge of the
highest court, and as the local guardian of the church,
he was in possession of some of the most important
delegated powers of the throne. In affairs strictly
political, he represented the monarch, not only in
the right to preside on all ceremonial occasions, but
also in the right to summon and dissolve the General
Assembly, and to veto all legislative Acts. He was
supported by a Council which bore the same relation
to himself and the community at large as the English
Privy Council bore to the King and the Kingdom;
while the English House of Lords had a counterpart
in this Council sitting in its capacity as the Upper
Chamber of the General Assembly. The Secretary
of the Colony, the Attorney-General, and the Treasurer,
in their duties and powers, corresponded to the like
officers of state in the Mother Country. The House
of Burgesses, or the Assembly as it was generally
known, was modelled in its procedure on the lower
House of Parliament ; and its only departures from that
procedure were suggested by its smaller volume of

630 Political Condition

business. Its officers, its committees, the character
of its Acts, were all practically the same. The basis
of the suffrage, however, down to the Restoration was
more democratic than that of England; except during
one short interval, the right to vote was governed by
manhood alone; but after the reaction following the
return of the Stuarts had set in, that right was restricted
to freeholders and leaseholders; and towards the end
of the century was further confined to freeholders.
Thus, as time went on, the basis of the suffrage came
to resemble more and more closely that of the Mother
Country; and in doing so to drift further and further
away from the landmarks of democracy.

In the department of taxation, the people of the
Colony were, from an early date, compelled to adopt
an independent system of their own. During the
Seventeenth century, the English Government ob-
tained its support from a great variety of taxes, among
the most important of which were the poll tax, the
tax on the income from land, the hearth tax, and the
like. There were too the excise and the customs. In
Virginia also, there were several kinds of import and
export duties, but with the exception of a short interval,
when land and personal property were taxed, the poll
tax and the quit-rent constituted the only forms of
internal taxation in force there. Naturally, as the
economic system of the Colony was far simpler than
that of the Mother Country, and its accumulated wealth
far smaller, there was much less room there for a
variety of taxes. In spite of the poorer classes' com-
plaint against it, and in spite of emphatic instructions
from London to abolish it, the poll tax was continued
as the one that, in the long run, was the easiest for
the people to bear. The opposition to it gradually

Conclusion 631

died out as the volume of income from the import and
export duties increased; for this steadily reduced the
sum necessary to be levied by the poll.

The retention of the poll tax was justified by the
conditions prevailing in Virginia. The land was
already required to pay a considerable sum in the form
of the quit-rent. If the surface of the Colony had been
tilled as thoroughly and extensively as that of England,
an additional land tax would not have been inequitable ;
but the greater part even of the settled divisions of the
country was still in forest, and the cultivated area was
entirely out of proportion to the uncultivated. In
taxing the tithable, the authorities taxed what really
represented the actual productiveness of the Colony
as distinguished from its potential productiveness,
which was without any definite limit. The produc-
tiveness of each plantation was in proportion, not to
the number of its acres, but to the number of tithables
engaged in working it. The poll tax enabled the
Colonial Government to obtain a revenue in exact
proportion to the Colony's volume of production;
nor was it the less fair because, being a tax on a sliding
scale, it was capable of being easily increased in order
to meet the costs of an extravagant administration
of public affairs, whether local or central.

From an early period, the people of Virginia through
their General Assembly asserted the principle (which
was to lead to such memorable consequences in the
next century), that no tax could be rightly laid on
them without their consent. The germ of this princi-
ple was to be discovered in the Charter of 1606, a docu-
ment that conferred on the inhabitants of the Colony
all the privileges and immunities enjoyed by the sub-
jects of the King in England. So far as taxation was

632 Political Condition

imposed by the General Assembly itself, that body
in adopting a measure of this kind was much more
representative of the people of Virginia than the Parlia-
ment of that day was of the people of England. Whilst
the great English manufacturing cities of the Eigh-
teenth century had, in the Seventeenth, only begun
to become important, nevertheless the inequalities of
local representation in the House of Commons were
almost as marked an hundred years earlier as it was
when Chatham was largely prompted to support the
American Cause by the fact that it was identical in
principle with the Cause of those growing English
towns which were taxed by Parliament without their
having any voice in its deliberations and decisions.
No such condition as this existed in Virginia; every
community in the Colony was represented directly
in the House of Burgesses; and, therefore, every com-
munity, through its member, participated in the passage
or defeat of a tax bill. The General Assembly was,
from the very beginning, an exact counterpart of what
all assemblies in English-speaking countries are to-day,
that is to say, bodies, which, in imposing taxes, impose
them as representatives, not of general classes of in-
terests, like the Parliament of 1764, but of local con-
stituencies created by a uniform and general law of
suffrage. It was not until 1832 that the English
House of Commons became what the House of Bur-
gesses in Virginia had been as early as 16 19, a body in
which the whole population was represented when a
tax bill was adopted, a body in which every community
carried its justly proportionate weight in the passage
of such a measure. In denying the right of the Eng-
lish Government to impose any tax on them without
their consent, the Virginians of the Seventeenth cen-

Conclusion 633

tury proclaimed a doctrine which England was, in the
Nineteenth, forced to accept as the only condition of
retaining her Colonial Empire.

In summarizing the particulars in which the general
system of Virginia diverged from that of England
in the Seventeenth century, they are found to be few
in number, and not, in every instance, of great im-
portance in their influence. They consisted, first, of
the extensive, as opposed to the intensive, methods
of cultivation, methods encouraged by the abundance
of virgin lands, but productive of an air of neglect in
sad contrast with that appearance of neatness, trim-
ness, and thorough tillage which gave the face of the
Mother Country the aspect of a beautiful garden on
a great scale; secondly, of the presence of the African
slave, who, whilst he fostered in the dominant class a
love of liberty and an aristocratic spirit, was, never-
theless, in himself and in his permanent bondage, in-
congruous with the genius of English institutions;
thirdly, of the practical absence of the law of primo-
geniture, owing to the fact that, in these early times,
the younger children's only prospect of support lay
in inheriting some portion of their father's landed
estate, virtually the only form of property then existing
in the Colony, and the only means by which a liveli-
hood could be easily secured; fourthly, of the custom
of hiring clergymen by the year, and during good
behavior, instead of giving them a permanent free-
hold interest in their livings by the ceremony of in-
duction; fifthly, of the smallness in the number of
free grammar schools, in consequence of the com-
paratively limited accumulation of wealth; sixthly,
of the recordation of deeds instead of the preservation
of all muniments of title in private receptacles closed

634 Political Condition

to public examination; seventhly, of a less complicated
system of courts and a simpler legal procedure in the
course of trials; eighthly, of a system of military tac-
tics, adapted to a running fight in thick forests, and with
a furtive and treacherous enemy; ninthly, of a suffrage
which at first rested upon manhood alone; tenthly, of
an Assembly that represented, not only all classes, like
the English Parliament, but also every individual person
belonging to the several constituencies ; and finally, of
a legislative body, whose members, unlike those sitting
at St. Stephen's, received a pecuniary remuneration for
the special services they performed.

These divergencies did not seriously diminish the
intensity of the English spirit animating the whole
community in every branch of its interests, and every
citizen on every side of his character. In her social
life, in her religious doctrines, and in her political
sentiment, — the points in which she might have been
expected to diverge furthest, — Virginia most closely
approached the system of the Mother Country; and so
she continued to do until that momentous controversy
arose which resulted in the destruction of the political
bonds uniting her people to the British dominion.
But not even the Revolution could efface on our
Continent the mighty work which England had done
through the growth of Virginia, and the other Amer-
ican communities, however far, even in Colonial times,
some of the latter may, in many respects, have drifted
from the distinctive landmarks of the Mother Country.
Her • general principles of law and government, her
doctrines of the reformed religion, her standards of
morality, her canons of literary taste, and her practical
and conservative spirit, had been too deeply stamped
upon all these communities for a political revolution

Conclusion 635

to diminish their influence, especially when this revo-
lution was a revolt against the Mother Country's
departure from the genius of her own institutions,
with which she had so thoroughly imbued her trans-
planted children. American independence has really
led to the most glorious of all England's triumphs.
Had the States of the Union remained a group of
English colonies they would to-day have been in-
habited almost entirely by persons of English descent
alone. But as a separate nationality, the United States
has drawn a very large proportion of its citizens from
the various countries situated on the European con-
tinent and differing very radically in the characters
of their peoples. Transferred to America, these emi-
grants were destined to see their children grow up
almost as deeply affected by the spirit of the funda-
mental institutions of England, as represented in the
general framework of the American system, as if they
were of the purest Anglo-Saxon stock; and in the
third generation, the descendants of these foreigners
are quite indistinguishable from persons of an unmixed
English strain, Germans, Italians, Russians, Swiss,
Dutchmen, Hungarians, Scandinavians, — all are sub-
jected to the same moulding touch, with substantially
in time the same result; so that England, through the
work of those who planted her first permanent colony
at Jamestown, has been able to shape the general
sentiments of millions of human beings who, had they
remained in the land of their fathers, would have re-
jected her national principles and ideas with a feeling
of indifference, if not of positive aversion.

If to-morrow a vast wave from the Atlantic, set in
motion by some appalling convulsion of nature,
should sink England for ever below the level of the

636 Political Condition

ocean, and thus destroy the last remnant of her popu-
lation and the last vestige of her cities and her fields,
yet in her spirit, which represents all that is highest
in nations as in individual men, she would still survive
in that great Power oversea, whose seed she planted,
whose growth she nourished, and whose chief claim
to the respect of mankind will always consist in up-
holding those general ideas of law, government, and
morality, which its people inherited from that little
island lying like an emerald in the stormy seas of the
North. From this point of view, the foundation of
Jamestown becomes the greatest of all events tn the
modem history of the Anglo-Saxon race, and one of
the very greatest in the history of the world. From
this point of view also the conditions prevailing in
colonial Virginia, — the foremost and most powerful of
all the English dependencies of that day, and the one
which adopted the English principles and ideas most
thoroughly, and was most successful in disseminating
them, — becomes of supreme interest; for from these
conditions was to spring the characteristic spirit of
one of the greatest of modern nationalities; and from
these conditions was to arise a permanent guarantee
that, whatever might be the fate of England herself,
the Anglo-Saxon conception of social order, political
freedom, individual liberty, and private morality,
should not perish from the face of the earth.

INDEX

Abbott, John, i, 340, 341

Abigail, ship, i, 347; ii, 129

Abingdon, i, 358

Accomac county, i, Sabbath
observance in, 35; bastardy
in, 47, 49; warrant of distraint
in, 91; inhabitants of, com-
plain, 102; new church in,
104; a parsonage in, 170, 171;
■Quakers indicted in, 241;
hatred of Papists in, 270;
indictments for blasphemy
in, 277; stroking the dead in,
289; testamentary provisions
for education in, 296, 297;
tuition of orphans in, 310;
private tutors in, 329, 330;
capping verses in, 404; owners
of books in, 407, 409, 430,
432; first monthly court held
in, 485; its court terms,
520, 521; its court-house,
537. 538; brick-making in,
538; the King's attorney in,
570; Grand Jury presented
in, 571; its justices rebuke
a lawyer, 578; its leading
lawyers, 579; provost marshal
of, 594; Governor chooses
sheriff of, 595; sheriffs of,
601; use of the lash in, 623,
624, 625; whipping-post in,
626; stocks in, 627; ducking
in, 629; how slanders punished
in, 631; jail in, 644; criminal
trials in, 671; Oyer and Ter-
miner trials in, 673; rape com-
mitted in, 679; ii, military
quota required of , in 1686, 11;
militia reviewed by Nichol-
son, 29; reports of militia
officers of, 38; militiamen in,
fined, 66; fort to be built in.

103; pirates in waters of, 207;
sets a watch against pirates,
214, 215; when formed, 294;
where grievances presented
in, 481; tax collected in, by
sheriff, 570, 572; quitrents of,
farmed out, 578; value of
quitrents in, 579
Acton, Lord, i, 118
Adam and Eve, ship, ii, 447
Addison, John, ii, 102
Adkins, John, ii, 444
Admiralty Court, i, county
court serves as first, 697-700;
when first proposed, 700, 701;
when established, 702; juris-
diction of, 704
Adultery, i, 48, 81, 621, 629
Adventure, ship, ii, 225
Albretton, Richard, i, 302
Aldred, John, ii, 186, 187, 211
Alexander, Rev., John, i, 200
Alexander, ship, i, 406; ii, 211
Alford, Mrs., ii, 571
Alford, Rev. George, i, 172
AUamby, Thomas, i, 439
Allan, Arthur, i, 448, 449, 487,

506, 599; ii, 554, 555
Allen, Richard, ii, 26; Thomas.

180
Allen, William, i,_437
Allerton, Isaac, i, 269, 601, 630,
673; ii, 24, 108, 167, 365, 371,

379
Allerton, Willoughby, i, 583; 11,

25
Alvis, Alice, i, 313 _
Alworth, William, i, 602
Ambrose, Alice, i, 227, 240
Amry, Charles, ii, 554
Anderson, i, Rev. Charles, 200;

Teague, 602
Anderson, David, ii, 26

637

638

Index

Andrews, i, Anne, 311; James,

428; William, 505
Andros, Governor, i. Thanks-
giving Proclamation of, 16,
17; presents plate to Bruton
church, II I ; impowered to
collate to benefices, 131; clergy
memorialize, 141, 155; seeks
to increase clerical salaries,
157; refers to colonists' fi-
delity to the church, 218;
college trustees complain to,
395; apologizes for papers
sent to England, 403; refers
to fire in State-House, 549;
reports seizure of vessel, 701;
names advocate for Admiralty
Court, 702; his instructions as
to chancery courts, 706; ii,
enumeratesthe Indian popula-
tion in 1697, 76; seeks to re-
store Jamestown Fort, 170;
criticised by Blair, 171; hires
guard sloops, 185; visits Mary-
land, 309; inaugurated Gov-
ernor, 313, 314; announces
appointment of Heyman as
Deputy Postmaster-General,
325; failed to induce the Bur-
gesses to build a governor's re-
sidence, 338; his instructions
fix the number of Councillors
composing the quorum, 373;
announces to the English Gov-
ernment the destruction of the
State House, 458; nominates
a messenger for the Assembly,
475; Board of Trade write to,
511; instructed to abolish the
poll tax, 546; requires York
county judges to meet in
December, 560; disburses quit-
rents, 580
Annapolis, ii, 214
Anne, Queen, ii, 299
Appomattox Indians, ii, 288
Appomattox Parish, i, no
Appomattox River, i, 363; ii,

100, 288,
Archer, Gabriel, i, 648-650, 652;

ii, 303, 404
Archer, i, James 439; William,

415
Archer's Hope, i, 629; ii, 33
Archer's Hope Creek, ii, 563

Argoll, Governor, i, Sabbath
observance in time of, 28;
petitions Archbishop of Can-
terbury, 198; sentences Brew-
ster, 464; enforces martial
laws, 473, 474; appoints a
provost marshal, 592; exe-
cutions in time of, 616; ii,
forbids waste of powder, 31;
citizen of Bermuda Hundreds,
289; leaves Virginia, 304;
character of his administra-
tion, 317; enlarges the Gover-
nor's House, 335

Arlington, Lord, i, 124, 215; ii,
146, 148, 179, 265, 281, 576

Armiger, William, i, 654

Armistead, Anthony, ii, 25,

444. 513

Armistead, John, i, 269, 270;
ii, 166, 167, 365, 371

Armistead, William, i, 601

Armor, ii, 32, 33

Arms, ii, 30 et seq., 46 et seq., 92,
131, 136, 138, 147

Arrington, Ann, i, 671

Arrington, William, ii, 444

Arundell, Earl of, ii, 269

Ashall, George, i, 301

Ashton, i, John, 329, 455; Grace,
455; Peter, 535

Ashwell, George, i, 327

Assembly, Acts of, i, to provide
for fast days, 15-18; to ensure
Sabbath observance, 28, 29,
35; to repress drunkenness,
38, 39; to punish profanity,
and bastardy, 42, 50; to erect
parishes, 58; to choose vestry-
men, 66, 74; to supplement
vestry, 76; to require election
of churchwardens, 79, 80; to
create regulations to govern
churchwardens, 81, 82; to
require meeting of clergymen
and churchwardens, 91; to
control religious meetings, 98;
to relieve people of Chippoak
of the payment of taxes, 100;
to compel contributions for
thecrectionof parish churches,
loi ; to require each church to
purchase plate and sacred
volumes, 112; to prescribe
width of highways, 114; to

Index

^39

Assembly, Acts of — Continued
reimburse newly arrived cler-
gymen 121 ; to establish a
college, 122; to prescribe
clergymen's testimonials, 126;
to confer on the Governor
the power to induct clergy-
men, 131; to authorize vestry
to choose their minister, 132;
to ensure payment of minis-
ter's salary, 146-149; to ex-
empt clergy from taxation,
150; to place a tax on ex-
ported skins,_ 156; to fix
amount of minister's salary,
157; to define area of Ches-
kiack glebe, 164; to require
keeping of registry books,
186; to require children to be
catechized, 187; to secure
readers for vacant churches,
189; to prevent free living
among clergymen, 204; to
preserve Anglican doctrine
and ceremony, 215, 217, 218;
to repress Quakers, 230, 238;
to remove newly arrived
Quakers, 239; to preserve
church unity, 254; to exclude
Papists from office, 266; to
punish blasphemous soldiers,
276; to punish blasphemy,
277; to discourage^ charges of
witch-craft, 281; to regulate
cost of orphans' education,
309; to lay off towns, 336; to
enforce provisions of Sym-
mes's will, 352; to choose
site of William and Mary
College, 373; to found a col-
lege in 1661, 375, 376; to per-
mit trial by jury, 467; effect
of, when repugnant to Eng-
lish law, 469-472; part of
Colony's governing regula-
tions in 1619, 472, 474; to
create a court in Bristol
Parish, 482; to provide for
monthly courts in remote
places, 485; to fix number
of justices, 493; to impower
Councillors to sit in county
courts, 497; to enumerate
judges of county courts, 503;
to prescribe terms of county '

courts, 516; to require special
terms of court, 519; to require
justices to attend court, 522;
to authorize the purchase of
land for a port at Yorktown,
529; to define limit of county
court's final adjudication, 540,
541; to confirm right of trial
by jury, 551, 552; supplied by
clerk of Assembly to county-
courts, 558, 559; to reduce
number of attorneys, 561 ; to
do away with paid attorneys,
562; to prohibit payment
of fees for legal services, 564;
to exclude unlicensed attor-
neys, 567; to prescribe rights
and fees of clerks, 590; to
govern selection of sheriff,
595; to require sheriff to
be member of county court,
596; to permit sheriff to
charge certain fees, 600; to
require erection of stocks, 628;
to require erection of ducking
stools, 630; to compel the
counties to build jails, 633-
635; to fix terms of General
Court, 657; to particularize
the General Court, as the
highest court, 659; to allow
writ of dedimus, 669; to
prescribe right of appeal to
General Court, 685, 686; ii,
to compel military service,
5; to prescribe the duties of
commanders, 15, 16, 18, 19;
to order the erection of stores,
18; to stop waste of powder,
32; to supply militia with
munitions, 37; to require
smiths to keep accounts, 58;
to increase militia fines, 66;
to appoint days for drill, 67;
to build ports, in 1645, 100;
in 1676, 102; to authorize
muster of the Rangers, 116;
to instruct the officers of the
Rangers, 117, 118; to continue
the Rangers in service, 120;
copies of, sent to Privy Coun-
cil about 1630, 268; copies of,
amended by Culpeper, 327,
328; to provide support for
Governor, 344, 345; to pre-

640

Index

Assembly, Acts of — Continued
scribe requisite of office-hold-
ing, 366; to impower Governor
and Council to lay a tax, 375;
to require the Councillors to
pay the usual taxes in 1645,
380; to fix the salary of
Councillors, 382; to prescribe
powers of the Secretary of
State, 398; to impower Sec-
retary to occupy a room in
the State-House, 402; to
require the writ of elec-
tion to be published, 408;
to qualify the suffrage, 410-
416; to require each county
to defray its Burgesses' ex-
penses, 436; to exempt Bur-
gesses from arrest within
a stated time, 445, 446; be-
came laws at once, 503, 504;
transmitted to England for
approval, 505; revision of,
508-514; published in differ-
ent parts of the Colony, 513;
to prohibit taxation without
consent of the Assembly, 524;
to divide each county into
tax precincts, 551; to remedy
abuses, 559; to impower com-
missioners to collect taxes, 57 1 ;
to elect a treasurer, 604

Assembly, General, i, parish
bounds had to be approved
by, 55; a long sitting of, 67;
an appeal to, about high
taxes, 76; appeals to the King
to send clergymen to Vir-
ginia, 123; instructed to fix
the salaries of ministers, 156;
liberality of, towards minis-
ters, 159; fees for prayers and
sermons delivered before, 161 ;
presents Rev. Mr. Higby with
land, 178; honors Rev. Philip
Mallory, 201; imposes fines
on account of Quakers, 230;
seeks to enforce uniformity,
253; suffers each school mas-
ter to make his own contract,
342; character of, after Res-
toration, 377, 378; petitions
the throne about College
of William and Mary, 384;
appropriates money to meet

Blair's expenses in England,
385; memorial to English
Government about the Col-
lege, 387, 388; discourages
further appropriations to
College, 395; orders Buckner
to print the Acts, 402;
literacy of, in 1624, 448;
Declaration of, in 1651, 466;
requires adherence to English
law, 466; Acts passed by,
in 1619, 475; the sessions of
1619, 478; extends jurisdic-
tion of magistrates, 479;
condemns remuneration of
county judges, 504; protests
against licensing lawyers, 568;
right of appeal, 647, 684, 690;
right of appeal to, modified,
693, 695, 696; ii, admits
white servants to military
service, 5; rebukes military
officers, 12; military orders of,
carried out by members of
county court, 20; right of,
to suspend militia commis-
sioner, 21; information to be
given, about the assessment
for munitions, 36; appro-
priates money to reimburse
Berkeley, 37; encourages
smiths, 59; formulates a mili-
tary code, 69; policy of, about
the Indians, 73, 81, 82, 87,
93; discourages reports about
Indian uprisings, 95; orders
the building of stockades, 97;
suggests a palisade for the
Peninsula, 98; provides for
new forts, 102; authorizes
impressment in an Indian
incursion, 116; impowers the
continuation of the corps of
Rangers, 119, 120; interested
in the restoration of the
fort at Point Comfort, 136-
138, 140, 142; authorizes
Berkeley to build a fort at
Jamestown, 145; sustains
Bcrkeleyin opposing construc-
tion of new fort at Point
Comfort, 149; orders the
building of five forts, 150;
decides not to complete fort
at Point Comfort, 151; ap-

Index

641

Assembly, General — Continued
propriates money for erection
of forts, 155; complains of
the cost of the fort at Point
Comfort, 161; petitioned for
redress, 166; first Assembly
meets, 246 ; of whom composed,
249; a necessity after charter
was recalled, 258; opposes re-
vival of the Company's char-
ter, 261; supports the King in
the civil contentions, 274, 275,
281; loyalty of, throughout
the century, 281; why mem-
bers of , called Burgesses, 291;
orders by, for a division of
counties, 295, 296; confirms
restoration of Berkeley to
governorship, 302; protests
against the limitation of the
Governor's term, 310; Gov-
ernor's Instructions were at
first disclosed to, 319; called
together by the Governor,
320; accounts of expenditures
submitted to, by Andros,
325; dissolved by the Gover-
nor, 326; Governor trans-
mitted to England copies of
Acts of, 330; compliant to
Berkeley's wishes, 348; grants
a body-guard to Wyatt, 352;
refuses to accept the King's
offer about the tobacco, 356;
appoints Councillors in time
of Commonwealth, 370; re-
reforms abuses under Bacon's
guidance, 377; relieves the
Councillors of taxes, 380;
requires Councillors to reside
in Colony, 382; compels
Councillors to pay taxes, 383;
first Assembly meets in 1619,
405; its composition, 406;
condemns the tumultuousness
of elections, 420; allows the
counties to fix the number
of members of the House,
429; frequency of sessions of,
431-434; takes steps to build
a State-House, 450-461 ; griev-
ances presented to, 480;
broken up by an epidemic, 488 ;
in 1660, all writs were issued
in name of, 491; subserviency

VOL. II — 41

of the Long Assembly, 491-
494; composition of, 500;
spirit of, 502; copies of Acts
sent to England within
three months after adjourn-
ment of, 505; revised acts of,
508-514; counties allowed by,
to pass by-laws, 515-518;
appoints agents in England,
519-521; sends special envoy
to London, 521; instructions
to Jeffrey Jeffreys, 532; ex-
empts certain citizens from
poll tax, 552; privileges en-
joyed by clergyman preach-
ing before, 565; estimates the
value of the quitrents, 575;
lays a tax on liquors, 581;
requests the appointment of a
sub-treasurer, 602
Atheism, i, 276, 277
Atherley, Christopher, ii, 83
Attorneys, i, required to be li-
censed in 1642, 561; fees in
1642, 561; no fees allowed in
1646, 562; regular attorneys
excluded, 564; fees in 1680,
566; licensed, 567; no license
again required, 568; law so-
ciety, 569; leading members of
county bars, 570-587; ii, stat-
ute relating to fees of, 497
Attorney-General, i, 213, 214,
272, 570, 571. 655, 688, 689,
699. 703; ii. 355.457.461, 506,
629
Auditor, ii, 598-601
Auditor-General, ii, 578, 598,
Awbry,_ Henry, i, 407, 531, 601,

602; ii, 444
Axell, William, ii, 56
Ayleway, Robert, ii, 599
Aylmer, Rev. Justinian, i, 201,

202, 233, 272
Ayers, i, Francis, 417; Hunting-
ton, 616

Back River, i, 353

Bacon, Edward, ii, 38, 112

Bacon, Lord, ii, 244

Bacon, Nathaniel, Jr., i, 16,
283, 325; his troops carry
off books from private houses,
418; illiteracy of his followers,
459; accuses Berkeley of fa-

642

Index

Bacon, Nathaniel, Jr. — Continued
voritism, 489; holds James-
town, 637; ii, declaration about
the Virginian soldiers, 63 ; pop-
ular measures of, 88; excepted
from pardon, 320; leads the in-
surrection, 357; his Declara-
tion of the People, 361 ; William
Byrd sympathizes with, 364;
reforms abuses, 377; effect of
his death, 383; summons an
assembly, 407; arrested on his
way to Jamestown, 447; his
anger against the Burgesses,
493; who formed his support-
ers, 543; seeks to remedy
abuses, 559

Bacon, Nathaniel, Sr., i, ap-
pointed military commission-
er, 150; cost of his funeral
sermon, 160-161; trustee of
William and Mary College,
382, 383; custodian of col-
lege funds, 391; judge in
Drummond case, 573; ii, cus-
todian of munitions, 47;
serves as president of the
Council, 309 ; becomes member
of the Council, 370; pays out
fund for building a new State-
House, 457; contracts for
quit-rents, 578; performs ^ du-
ties of auditor, 599; high
influence enjoyed by, 610

Bacon's Assembly, i, 66, 151,
596; ii, 572

Bacon's Rebellion, see Insur-
rection of 1676

Bahama Isles, i, 702

Baker, Lawrence, ii, 555

Baldry, Robert, i, 638; ii, 163

Ball, i: Anne, 286; Rev. John,
180, 200, 211; Samuel, 415

Ball, Joseph, ii, 25

Ball, William, i, 306, 601; ii, 24,

/ 40

y Ballard, Thomas, 1, 393, 575;
ii, 24, 25, 173, 218
Bally, Richard, i, 270
Balmer, William, i, 341
Balridge, Dorothy, i, no
Baltimore, Lord, i, 265, 318
Baltimore, ship, ii, 220, 221
Bancroft, George, i, 222, 235
Banister, i, 271, 382, 383; ii, 95

Baptism, i, 220, 221
Barbadoes, i, 355
Barber, William, i, 68
Bargrave, John, ii, 242
Bargrave, Rev. Thomas, i, 199,

365
Barham, Charles, i, 311
Barnes, i: Anthony, 286; John,

644
Barrett, Captain, i, 697
Barrow, George, i, 104
Barrows, Simon, i, 172
Bartin, Walter, i, 415
Baskerville, John, i, 436
Bass's Choice, ii, 100
Basse, Nathaniel, i, 485
Bassett, William, i, 601; ii, 25,

145

Bastardy, i, prevails among
servant women, 45, 46, 48,
50; punishments for, 46-48,
83-84; burden imposed on
public by, 50

Bathurst, Lancelot, i, 638

Batte, i: Rev. John, 200; Thomas
419, 448, 449, 491, 604

Batts, Thomas, i, 624

Bayley, Walter, 1,354

Baytop, Thomas, i, 382

Beale, i, 631 ; ii, 38

Beard, William, i, loi

Beckingham, William i, 424

Bedfordtown, i, 614

Beecher, Henry, i, 244, 509

Bennett, i;Edward, 253; Robert,
253; Rev. William, 200, 253;
\/' Samuel, 313

Bennett, Richard, i, 253, 280,
287; ii, 21, 36, 83, 195, 336,
346, 469, 470, 578

Benson, Mrs., i, 181

Berkeley, Governor, I, reaction
under, 63; praises clergymen
driven to Virginia, 120, 206;
instructions about glebes, 164,
165; ordered to maintain An-
glican canons, 216; forbids
Quaker conventicles, 231;
activity in prosecuting Quak-
ers, 235, 236; enemy of Quak-
ers, 251; becomes Governor,
253; receives letters from
Gov. Winthrop, 254; Rev.
Mr. Harrison acts as his chap-
lain, 255; detests the Puritans,

Index

643

Berkeley, Governor — Continued
259; hangs Thomas Hans-
ford, 325; refers to free
schools, 360; denounces learn-
ing and printing, 402 ; ordered
to enforce English law in
Virginia, 465; refers to jury-
trials, 467; declares certain
acts repugnant to English law,
470; writes to Major Cro-
shaw, 480; appoints Foxcroft
a justice, 487; commissions
justices informally, 487; com-
missions Lower Norfolk jus-
tices, 488; charged with favor-
itism, 489; appoints William
Digges a justice, 489; appoints
judges, 491; detests Puritan-
ism, 493; authorizes Coun-
cillors to sit on county
bench, 495-499; orders oaths
to be administered to justices,
500; instructed to establish
county courts, 542; licenses
Bridges to practise law, 582;
nominates Conway clerk, 588;
impowers Kemp to name
clerks, 589; urged to name
Langly sheriff, 595; appoints
a sheriff for York county,
596; affronts the English
Commissioners in 1676, 618;
his instructions in 1642, 656;
his instructions touching writ
of Oyer and Terminer, 671;
conduct toward the followers
of Bacon, 675; complaint
made to, by Walter Bruce,
682; ii, instructions given to,
in 1641-2, 4; estimates num-
ber of troopers in Virginia,
9; commands Jamestown mili-
tary district, 21; appoints
members of militia board in
Lower Norfolk county, 22;
petitions English Govern-
ment for powder, 37; for-
bidden to nominate the
Muster-General, 65; letter by,
about Indians, 86; autocratic
influences of, 88; places a
guard in the fort at Point
Comfort, 142; impowered to
erect fortifications in Vir-
ginia, 143; beneficiary of the

Point Comfort duties, 144;
impowered to build a fort at
Jamestown, 145; ordered by
the Privy Council to restore
the fort at Point Comfort,
146; objects to its restoration,
146-149, 152; criticises the
engineers of the Colony, 155;
advocates guardships, 178;
activity against the Dutch,
193-201; opposes revival of
the London Company's char-
ter, 261; his conduct during
the Reaction, 264, 265; writes
to English Board of Control
in 1662, 271; letter to, from
Board, 272; his influence
cast in favor of the monarchy
in the civil wars, 276, 277;
restored to the Governorship
after 1659, 278, 302; encour-
ages the Reaction after 1660,
280; displaced by Parliament,
304; visits London, 307; term
of, lasted until his successor
was chosen, 311; violates the
King's orders about the rebels,
320; declines to dissolve the
House for fourteen years,
326; reports on improvements
made by the planters, 329;
identifies himself closely with
the Colony, 332; receives a
grant of Green Spring, 336;
presented with property in
Jamestown, 344; public gifts
to, 347. 349; power of in-
fluencing others, 348; conver-
sation with Colonel Jeffreys,
349; attended by a body-
guard, 353; no reflection on,
allowed by the General
Court, 354, 355; encourages
a selfish public spirit, 357;
majority of his Council sup-
port, in 1676, 364; impowered
to fill vacancies in his Coun-
cil, 371; could summon for
trial any Councillor accused
of immorality or breach of
law, 372; empowered to relieve
the Councillors of taxes,
380; authorized to build a
Governor's mansion, 388; pro-
poses that taxes should be

644

Index

Berkeley, Governor — Continued
imposed by the acre, 413;
influences of his personal
example in time of the Long
Assembly, 414; instructed to
restrict suffrage to freehold-
ers, 415; reinstated in the
Governorship, 429; refuses to
dissolve the Assembly, 430,
432; impowered to call the
Assembly together, 431, 432;
orders Bacon's arrest, 447;
authorized to build State-
House, 453, 454; supported
by the higher classes, 494;
seeks with his Council to
impose taxes, 526; favors
taxing the soil, 542; contracts
for the quit-rents, 577; refers
to the tax on slaves, 583;
estimates the amount of rev-
enue from the tax on exported
tobacco, 587

Berkeley Hundred, ii, 290

Berkeley, Lady, i, 618

Bermuda City, i, 592

Bermuda Hundreds, ii, 288, 289

Berry, Colonel, see Commis-
sioners of 1677

Berryman, William, i, 431

Bertram, Rev. John, i, 162

Besouth, Kate, i, iii

Beverley, Peter, i, 558, 580; ii,

25> 173. 479, 558
Beverley, Robert, Jr., i, describes
provision made in Virginia
for the poor, 88; refers to
minister's dues, 93, 158-159;
describes condition of poor,
141; also gifts to parishes,
167; refers to unworthy cler-
gymen, 205; to free schools,
359; his History, 445; his
account of court procedure,
556, 663, 664; of General
Court juries, 668; register
of Admiralty Court, 702;
criticises Howard, 705; ii, es-
timates the number of the
militia, 10; reflects on Cul-
peper, 350; refers to the
Councillor's salary, 377; de-
scribes the Assembly's pro-
cedure, 478; spirit of writings
of, 622

Beverley, Robert, Sr., i, his
culture, 443; arrested and
bailed, 467, 468; named to
build a court-house, 533;
member of the bar, 580;
serves as a coroner, 603;
punished for aiding the plant-
cutters, 632; ii, officer of
militia, 25; obtains arms
from England, 39; furnishes
supplies, 90; receives letter
from Captain Cadwalader
Jones, 106; provides food for
Rappahannock garrison, no,
112; action of, as clerk of the
Assembly, 472-474, 495, 496;
codifier of the Acts, 513; in-
fluence possessed by, 610

Bevill, Ann, i, 406

Bcvin, William, ii, 56

Bibbe, Edward, i, 433

Bible, i, 267, 276, 303; gifts of,
22, 23; mentioned in inven-
tories, 23-35; for sale in stores,
23; each church required to
purchase, 112

Bickeley, Richard, ii, 5

Biggs, John,_ i, 221

Bird, John, i, 86

Blackburne, Christopher, i, 429

Blacksmiths, ii, 57-60

Blackstone, Argoll, i, in

Blackstone, Governor, ii, 218,

Blackstone, Judge, i, 601; ii, 415

Blackwater River, i, 387, 388,
396; ii, 103

Blagg, Thomas, ii, 21

Blair, Rev. James, i, statement
of, as to number of clergymen,
125; appointed Commissary,
128; salary of, 129; contro-
versy with Nicholson, 129;
suspended by the Governor,
130; condemns the proba-
tional tenure, 136; divides the
Burgesses' fees among the
clergymen preaching before
the House, 162; replies to
Burgesses about the glebes,
168, 169; leaves large sum to
his nephew, 181; owns land
in Henrico county, 181; his
statement about clergymen
controverted, 183; signs me-

Index

645

Blair, Rev. James — Continued
morlal to Gov. Andros, 200;
his antecedents, 202; in-
cumbent of pulpit at James-
town, 202; serves as end-man
at a horserace, 207; supervises
Quakers, 249; trustee of Wil-
liam and Mary College, 382,
383; appointed the College's
agent to visit England, 384;
instructions to, for his mission,
385, 386; secures the College
charter, 390; grant to, 391;
acts as the College's spokes-
man, 392; a second mission to
England by, suggested, 395;
on College pay-roll, 398;
joint author of a pamphlet
on Virginia, 468; ii, criticises
the condition of the forts
in Virginia, 171, 172; becomes
member of the Council, 366

Blaithwayt, William, i, 388,
389, 391; ii, 598

Blake, Peter, i, 272

Blanchville, Charles, i, 420

Bland, Giles, ii, 448, 543, 544

Bland, Sarah, i, 687

Blaney's Plantation, ii, 33

Blasphemy, i, 276, 277

Block Island, ii, 210

Bloomfield, i, 313; ii, 284

Blue Ridge Mountains, ii, 297

Bluet, i, 346

Blunt Point, ii, 129

Boiling, Robert, i, 601

Bolton, i: Rev. Francis, 199, 202;
Rev. John, 211

Bond, Nicholas, i, 436

Boneman, Alexander, ii, 510

Bonnewell, Thomas, i, 310

Boodle, Robert, i, 88

Booker, Richard, ii, 25

Books, i, religious, 22-25; be-
longing to clergyman, 173-
176; bequests of collections
of, 405-409; in inventories,
41 1-427 ; owners of, in Colony,
427-440; particular volumes
named, 428, 429, 431, 432,
435; written in Virginia, 445,
446

Booth, i: Humphrey, 218; John,
415; Robert, 438, 439

Boston, i, 254, 260; ii, 220

Boston, Henry, ii, 502
Bostwick, Nathaniel, ii, 186
Boswell, Edward, i, 670
Bottomley, Thomas, i, 419
Boucher, Daniel, i, 26
Boughan, James, i, 581
Bouldin, Morgan, i, 310
Bowman, Edmund, i, 268
Boyle, Robert, i, 9, 396
Bracewell, Robert, i, 417
Braddock, General, ii, 79
Bradley, Thomas, i, 530
Bradshaw, Jacob, i, 404
Brafferton Manor, i, 396
Bragge, Edward, i, 415
Brampton, Lord, i, 614
Branch, Christopher, i, 24, 409
Bray, Rev. James, i, 575; ii, 464
Bray, Robert, ii, 24
Breeding, John, ii, 26
Brent, George, i, 273, 283, 583,

688; ii, ill, 112
Brent, Giles, ii, 588
Brent, Robert, i, 273, 583
Brereton, ii, 45, 51, 89
Brewster, Captain, i, 464, 473
Brickhouse, George, i, 245
Bricks, i, 537, 538 _
Bridge, Thomas, ii, 571
Bridger, Joseph, i, 271, 272, 417,

573. 574; ii. 22, 24, 93
Bridges, Anthony, i, 582
Bristol, i, 319, 406; ii, 587
Bristol Parish, i, 77, 87, 482
Britt, Henry, i, 668
Broadhurst, Walter, i, 23
Broadribb, William, i, 107
Brocas, William, i, 423
Brocksoppe, Joan, i, 227
Brodhurst, William, i, 601
Brodnax, John, i, 434; ii, 479 \
Bromwell, John, i, 417
Broughton, Francis, ii, 562
Brown, i: Elizabeth, 679; John,
298; Mary, 272; Thomas,
247; William, 342
Browne, i: Conquest, 407; Fran-
cis, 326; Thomas, 234
Browne, ii: Henry, 372; John,

Browne, William, i, 654; ii, 24,

170, 172, 278, 283
Bruce, George, ii, 566
Bruce, Walter, i, 300, 682
Brunt, Thomas, i, 564

646

Index

Bruton Church, i, cost of, 103;
built of brick, 106; fee for
funeral service in, 160; ex-
posure before congregation of,
246

Bruton Parish, i, 1 1 1, 134, 153

Buck, Rev. Richard, i, succeeds
Rev. Mr. Hunt, 196; resides
at Jamestown, 198; ordained,
199; fills Jamestown pulpit,
202

Buck, Thomas, i, 299

Buckner, John, i, 402

Buckner, William, i, 382; ii, 218,

513

Bunton, Mary, i, 623
Burdas, William, i, 408
Burdett, William, i, no; ii, 53,

54. 437
Burgess, John, i, 669

Burgesses, House of, i, discour-
ages education of slaves, 9;
requests appointment of fast
day, 16; rejects petition about
servants, 50; supreme during
Puritan control of affairs, 58;
answers clergy's memorial,
141, 142; refers to clergymen's
salaries, 155, 157; replies to
clergymen's complaint, 158;
statement by, as to clergy-
men's fees, 159, 161; fees
allowed by, to clergymen,
161; controversy with clergy,
167-169; Porter expelled
from, 240; Pleasants elected
a member of, 243; candidate
for Speaker of, 277; William
Byrd becomes member of,
321; deprecates summoning
schoolmasters to Jamestown,
335; praises Gov. Nicholson,
381; considers a site for the
College, 381; visited by Col-
lege trustees, 391; adopts
Middle Plantation as the
site for the College, 392;
adjourns to attend the Col-
lege exercises, 399; Declara-
tion by, in 1651, 447; its
clerk arrested, 467; its power
during the Protectorate, 487;
many county justices mem-
bers of, 489, 523; encourages^
the suppression of attorneys,

565; declines to erect bride-
wells, 636; refuses to pay for
use of a county jail, 638; meets
in General Court-house, 655;
its character as a court, 691;
instructs English agent, 695;
ii, opposition by, to drilling
the white servants, 6, 7, 8;
asked to revoke the fines
against the Quakers, 9; places
the militia under English
regulations, 11; criticises the
fortifications in the Colony
in 1 69 1, 168; forms part of
first General Assembly, 246;
who chose, 249; ordered to
meet regularly by Charles I,
256; supreme during the
Protectorate, 262; petitions
the King for a charter, 266;
applies to Privy Council in
1632, 268; why the term was
first used, 291 ; elects Governor
in time of the Protectorate,
311; copy of Governor's
Instructions filed among the
records of, 319; attitude of
Culpeper towards, at first, 327,
328; address to Privy Council
by, in 1631, 342; spirit of,
as to the public, 344; attended
by a guard, 353; resents an
attack on Berkeley, 355;
governs Virginia in time of
Protectorate, 381; agreement
of, with Sherwood about coun-
cil hall, 389; how the writ for
election of, issued, 407, 408;
who could vote for, 409, 410;
qualification of the right to
vote for, introduced, 410-415;
where elected, 417, 418; man-
ner of choosing, 418, 419;
who might be chosen, 421;
character of membership,
423-»426; territorial basis of
membership, 426, 427; num-
ber of members, 427-430;
frequency of sessions, 431-
434; remuneration of, 435-
440; extra expenses on ac-
count of, 440-443; onerous-
ness of the charges on account
of, 443-445; exemption from
arrest allowed members of,

Index

647

Burgesses, House of — Continued
445-447; members of, not
allowed to be defamed, 448,
449; place where it met, 450-
461; hour of meeting, 462,
463; proceedings of, 463;
attendance of members
strictly required, 464-467;
Speaker of , 468-472; clerk of,
472-474; messenger of, 474,
475; doorkeepers of, 476;
committees of, 478-486; dis-
solution of, 485; procedure
on floor of, 486; general
spirit of, 489-499; insists
upon its exclusive right to
tax, 526-530; resists all tax-
ation without its own consent,
530-533; disapproves of a
land tax, 542; members ex-
empted from poll tax, 565;
general comment on, 629, 630

Burial grounds, i, 113

Burkland, Richard, i, 326

Burlington, Lord, i, 397

Burnham, Alexander, ii, 21

Burnham, John, i, 24; ii, 39

Burrage, John, i, 567

Burroughs, Christopher, i, 415;
ii, 20

Burrows Hill, ii, 33

Burwell, Francis, ii, 25

Burwell's Bay, i, 253

Busby, Thomas, i, 32

Busher, George, i, 279

Bushrod, i, Elizabeth, 437;
Thomas, 229, 233, 576

Butler, i: Rev. Amory, 173, 180;
Elizabeth, 319; Thomas, 177;
William, 173, 200

Butler, Governor, i, 464; ii, 131

Butterfield, Jane, i, 46

Byrd, Anne, i, 287

Byrd, William, Jr., i, 321 ; ii, 424,
521, 611, 622

Byrd, William, Sr., i, his piety,
21; sells land, 181; his letter
books, 317, 444; trustee of
the College, 382, 383; pays
out money for the College,
391; agrees to make a settle-
ment at the Falls, 483; pre-
sides in county court, 501-
502; resides at the Falls, 528;
serves as coroner, 603; audi-

tor, 702; ii, colonel of militia
24, 25; instructed to buy
powder, 46; commands a
military district, 93, 94;
offers to keep up a fort at the
Falls of the James, 105; buys
stores for the fort, 109;
buys food for the James
River garrison, no, in;
inspects fort at Jamestown,
172; joins in a report on
fortifications, 174; furnishes
food for pirate prisoners,
223; sympathizes at first
with Bacon, 364; serves as
Councillor, 365; salary of,
as Burgess, 444; reviser
of the Acts, 511; granted
certain rights at the Falls of
the James, 518; sells the
quit-rents, 578; becomes au-
ditor, 599; advances money
to Virginia government, 600;
high position and great .in-
fluence enjoyed by, 507, 610

Calthorpe, i: Anne, 455; Barba-
ra, 455; Eleanor, 455; James,
104

Calvert, i: Robert, 302; Rev.
Sampson, 133, 150, 210

Campbell, Charles, i, 123, 253;

ii. 347
Campbell, i: Hugh, 191, 267,

333. 336; John, 616
Canada, ii, 68
Canfield, Robert, i, 487, 506,

599; ii. 555
Canterbury, Archbishop of, i,

208
Cape Charles, ii, 214
Cape Henry, ii, 214, 368
Capps, William, ii, 127, 258
Carleton, Sir Dudley, ii, 253
Carolina, i, 184
Carpenter, John, i, 36, 83
Carr, Rev. Robert, i, 200
Carter, John, i, buys a servant
to teach his son, 329; be-
queaths his books to his son,
407; character of his books,
424-425; contracts to build
a court-house at Corotoman,
532; his law books, 560; ii,
colonel of militia, 24; takes

648

Index

Carter, John — Continued

part in a march against the
Indians, 40; commands an
expedition against the In-
dians, 85; Burgess from Lan-
caster county, 439
Carter Plantation, ii, 165
Carter, Robert, i. Speaker of
the House, 214; taught by a
servant, 329; suggested for
trusteeship of the College,
382; inherits law books, 560;
ii, officer of militia, 25; elected
Speaker of the Assembly, 469;
appointed Treasurer, 604
Carter, Thomas, i, 305
Cartwright, Alice, i, 282
Carver, William, i, 287, 641
Cary, i: John, 319; Tom, negro,

673

Cary, Miles, i, 382, 383, 393,

702; ii, 25, 145, 219, 513, 577
Cary, Thomas, ii, 147
Casson, Thomas, i, 415
Castle Charges, ii, 135 et seq
Catlett, i, John, 218, 318; Wil-
liam, 407
Causen, Mrs. Thomas, i, 51
Caynscough, George, i, 616
Cecil, General, ii, 129
Chamberlaine, Humphrey, i,

639
Chamberlaine, Thomas, i, 41,
43, 92, 418, 507, 639; ii, 24,
516
Champeon, Edward, i, 342
Chancery, i, court of, 705;
jurisdiction of, in county
court, 551, 552
Chaplain's Choice, ii, 33
Chapman, Philip, i, 431
Chapman, William, ii, 81
Charles City, ii, 131, 291
Charles City Corporation, ii,

291, 427
Charles City County, i, vacant
pulpits in, 124; records of,
440; parish court in, 482;
monthly court of, 485; its
court terms, 520; first court
erected in, 541; sheriff of,
601 ; ii, military quota re-
quired of, in 1686, II; militia
officers in, 23; provision in,
for Indian march, 91, 93, 94;

soldiers enlisted in, 100; date
of its formation, 294; after
whom named, 298; number
of Burgesses from, 428; quit-
rents of, farmed out, 577;
value of quit-rents in, 579

Charles First, ii, fort in Virginia
named after, 127; outlines
plan for Virginia government,
255; vacillates as to revival
of London Company, 260-262;
creates a Board of Commis-
sioners, 268; his death, 274,
275; his name given to a
county, 298; promises to Ber-
keley, 348; grant of .powers
to the Council, 374

Charles, i: Parish, 27; River, 177

Charles River County, ii, 294,
428

Charles Second, i, proclama-
tion against Quakers, 236;
proclamation in favor of
Roman Catholics, 268; proc-
lamation of pardon, 680;
appoints Peter Jennings to
office, 688; ii, presents pow-
der to Virginia, 42; impow-
ers Berkeley to build forts,
143; his rights supported by
the Virginians, 275, 277-279,
280; impowers the Governor
to choose a deputy, 307;
promises to Berkeley, 348;
bestows quit-rents on Colo-
nel Norwood, 576; appoints
Norwood Treasurer of Vir-
ginia, 604

Charlton, i: Elizabeth, 325,
326, 455, 576; Stephen, 171,

455
Charter of 1606, 1, 4, 612; 11,

230 et seq.
Charter of 1609, i, 472, 651; ii,

237-240
Charter of 1621, 1, 550, 593
Charter of William and Mary

College, i, 390, 391
Chekanessecks, i, 538
Cheney, Thomas, ii, 279, 280
Chesapeake Bay, i, 232, 253;

ii, 132, 178, 180, 183, 184,

203, 205, 212, 218, 221, 308
Cheskiack, ii, 98, 132
Cheskiack Parish, i, 55, 170, 208

Index

649

Chesley, Philip, i, 319

Chew, John, i, 529

Chichely, Sir Henry, i, pardons
a plantcutter, 675, 680; ii, es-
timates the number of the
militia, 10; reports a defi-
ciency in arms in the Colony,
38; reports discontent, 41;
appointed Lieutenant-Gen-
eral, 198; acts as Governor,
307; criticises agents of Vir-
ginia in London, 519; peti-
tions for the release of quit-
rents, 576

Chickahominy Indians, i, 13;
ii, 79, 81 _

Chickahominy River, i, 163;
ii, 100, 125, 291

Chiles, ii: Henry, 26; John, 475;
Walter, 469, 470

Chilton, i, Edward, joint author
of a Virginia pamphlet, 468;
practises in YorkCounty, 576;
Attorney-General, 688; ad-
vocate in Admiralty Court,
702; John, 114; Stephen, 509

Chincoteague, ii, 211

Chippoak, i, 57, 100

Chisman, i, John, 529; Mary,
236

Christ's Hospital, i, 314

Churches, i, kept in repair, 81;
first in Virginia, 94, 95; De la
Warr's interest in church at
Jamestown, 95; Dale builds
church at Henricopolis, 96;
Mrs. Robinson's church for
the Indians, 97; one to be
built for each parish, 98;
church in Elizabeth River
Parish, 99; church at James-
town, 1642, loi; private con-
tributions for erection of
new church, 102; church at
Middle Plantation, 103; at
Yorktown, 104; contract for
church building, 104, 105;
church at Smithfield, 106;
repairing churches, 106; pews
in, 107; plate and ornaments,
109 et seq.; surroundings of,
113; burial plats near, 113;
highways to, 114

Churchhill, William, ii, 184

Churchwardens, i, duties of,

79, 80, 81, 82; how often
appointed, 80; oath of, 80-
82; presentments by, 82;
their charge as to bastardy,
83-85; as to orphans, 85, 86;
as to the poor, 87-90; collect
parish dues, 91; issue at-
tachments, 91; the assistants
to, 93; required to observe
Anglican canons, 217

City Point, ii, 292

Claiborne, William, i, 163; ii,

98, 99. 139. 392, 394. 396, 397.
400

Claims, court of, i, 546

Clark, Daniel, ii, 24

Clarke, i: George, 431; Hum-
phrey, 299; Rev. James, 203;
John, 518; Robert, 313, 434;
William, 342

Clarkson, John, i, 62

Claughton, James, i, 421; ii, 51

Clay, Charles, i, 419; ii, 56

Clayne, George, i, 412

Clayton, Rev. John, i, 201, 202;
ii, 156

Clayton, Thomas, ii, 479

Clergy, i, indictments against,
33; select sites for new church-
es, 98; chiefly natives of
England, 116; invited to re-
move to Virginia, 118; emigra-
tion of, to Virginia in Puritan
times, 119, 120; their expenses
of emigration paid, 121; rela-
tion of the projected College
to, 122, 125; appeals to Eng-
land for additional, 123, 124;
number of, in Colony in 1697,
125; required to be ordained,
126; irregularities in appoint-
ment of, 127, 128; supervised
by Commissary, 128; Gov-
ernor's right to collate, 131;
vestry's right to choose and
present, 131, 132; popular
election of, 133; contracts
with, 133; their tenure, 135-
136; its drawbacks, 136, 137,
143; reasons for probational
tenure of, 139-142; general
advantages enjoyed by, 143;
salaries of, in 1619, 145, 146;
in 1623-4, 147; to be paid
before other creditors, 148;

650

Index

Clergy — Continued

vestry could increase salaries
of, 148, 149; exempted from
taxation, 150, 151; amount
paid to, in 1666, 152; in 1683,
153; discontent among, 154;
the King seeks to improve
condition of , 155, 156; Andros
neglects to approve law
relating to salaries of, 157;
marriage and burial fees of,
159, 160, 161; other fees of,
161, 162; bequests to, 162;
entitled to glebes, 163; size
of their glebes, 163, 164, 165;
gifts of glebe lands for benefit
of, 166; glebes of, stocked
with cattle, 167; general
condition of their glebes,
167-169; their parsonages,
170-172; their libraries, 173-
176; their estates, 177-182;
their general condition, 183;
bonds given by, 183, 184;
serve as agents, 184; as trus-
tees, 184; suits against, 185;
required to report to vestry
all burials and marriages,
186; to instruct children and
servants, 186, 187; hold an-
nual meetings at Jamestown,
187; deliver monthly sermons
in chapels-of-ease, 188; as-
sisted by readers, 189; their
general social work, 192, 193;
zeal of 'early pastors, 194-198;
individual pastors, 198-200;
their education, 200-203;
influences to promote good
character among, 203-207;
wrongdoers among, 208-214;
laws relating to Anglican ob-
servances, 215-218; ii, priv-
ileges of, when preaching be-
fore General Assembly, 565

Clerk of Assembly, ii, 389, 472-

474
Clerk of Council, 11, 387
Clerk of County Court, i, 588-

591
Clerk of General Court, 1, 687;

ii. 399
Clotworthy, Walter, 1, 18
Clough, Rev. John, i, 200, 202
Clutton, Thomas, i, 90

Clyborn, John, i, 314

Coar, Mary, i, 326

Coats, Samuel, i, 342

Cocke, i: John, 455; Richard,
601, 603; Stephen, 43

Cocke, Thomas, i, 112, 416,
528, 560, 639; ii, 54, 94

Cocke, ii, Thomas, Jr., 166,
492; William, 24, 36

Cocks, John, i, 421

Codd, St. Leger, i, ,'74; ii, 108,
421

Codification of laws, i, 467; ii,
247, 248, 510, 511

Coe, Timothy, i, 241

Coke, Sir John, ii, 269

Colbourne, William, i, 231, 233

Cole, John, i, 33, 537; ii, 85

Cole, i, Edward, 282; Richard,
21, 505; Rev. Samuel, 133

Cole, William, i, 382, 574; ii,
204, 394

Cole, Quaker missionary, i, 226

Coleman, Robert, i, 530

Collectors of Customs, ii, 47,
590 et seq.

College of 1660, i, 122, 373-379

College land, ii, 33

College plantation, i, 366, 371;
ii, 427

Collion, John, i, 84

Colston, William, i, 626; ii, 445

Commanders, ii, duties'. of, 15-
19; impowered to choose their
subordinates, 19, 20; super-
vised the drill, 65; members of
Council of War, 83; required
to relieve the garrisons when
pressed, 104; to enlist rangers,
118

Commissioners of customs, ii,
505. 506

Commissioners of 1677, i> 459>
618; ii, 161, 364, 389, 433,
442, 455, 493, 495, 496, 545

Committees of the House, ii,
477-486

Conformity, i, acts to enforce,
215-218; heretical clergymen,
218, 219; heretical laymen,
219-221

Conquest, Richard, i, 559, 640

Constable, i, 602

Constant, Mathew, ship, i, 698

Conway, Edwin, i, 266, 588

Index

651

Cook, i: Elizabeth, 36; Thomas,

■555
Cooper, 1, 166, 525;.ii. 93
Copeland, Joseph, ii, 463
Copeland, Rev. Mr., i, 347, 348
Corbyn, Gawin, i, 385; ii, 447,

604
Corbyn, Henry, i, 133
Cordon, i, 544
Coroner, i, 603, 604
Corotoman, i, 532; ii, 150, 167,

202
Cortney, Thomas, i, 36
Cottingham, Lord, ii, 269
Cotton, Rev. William, i., 147,

170
Council, i, members of, required
to pay tax to support clergy,
146; members of, who favored
Puritanism in 1648, 256; re-
proves criticism of the King,
268; ii, members of, appointed
commanders, 22; order by,
about arms, 48; requests the
Governor to appoint com-
manders in 1680, 93; disbands
the Rangers,' 119; orders
report to be made on forti-
fication at Jamestown, 172;
orders arrest of vagabond
sailors, 185; seeks to obtain
ordnance from England, 194;
payment to Gilbert Moore by,
215; part taken by, in Har-
vey's deposition, 305; at first,
the Governor's instructions
were disclosed to, 319; charac-
ter of membership of, 358,
359; duties and powers of,
359. 360; criticised by Bacon,
361; by Benjamin Harrison,
Jr., 362; by Henry Hartwell,
363; number of members of,
366; how members were
appointed, 368; how vacan-
cies in were filled, 369-371;
powers of, 374, 375; its right
to tax, 376; officers of, 387;
where the Council met, 388,
389; legislative powers of, in
time of first charters, 403-
405; powers later on as to
legislation, 501
Councillors, i, sat in county
courts, 496; ' presided in

county courts when present,
501 ; served in General Court,
660-664; ii. acted as colonels
for groups of counties, 22, 23;
criticised by Harvey, 318;
spirit of, 364; who were
eligible to become, 365; the
Governor's power to remove
or suspend, 372-373; what
constituted a quorum of, 373;
salary of, 376, 377; pecuniary
advantages enjoyed by, 378-
383; exempted from arrest,
383-385; punishment for
slandering, 385, 386; how
designated, 391; exempted
from taxation, 565; quit-rents
farmed out to, 577; not per-
mitted, in 1699, to serve as
collectors, 593

Counterfeiting, i, 619 •

County, the, ii, first to be es-
tablished, 294; by whom
formed, 295; progress of sub-
division of, 297, 298; origin of
names of, 298, 299

County Court, i, its supervision
of orphans and apprentices,
308-311; its supervision of
schoolmasters, 337-339; es-
tablished by ordinance of
1618, 484; where it first met,
484, 485, 486; provision for
sites for, 486; how the judges
of, were referred to, 488;
among whom the justices of,
were chosen, 488; character
of its membership, 489; how
the justices of, were nomi-
nated, 489-492; their number,
491-494; Councillors could
sit in, 496-499; oaths of
judges of, 500; quorum of,
501; remuneration of judges
of, 502-504; vacancies in,
504; suspension of judges of,
505-507; its dignity main-
tained, 508-511; disrespect
to judges of, punished, 511-
515; frequency of its terms,
516; extra sessions of, 517,
518; different dates of holding,
in diliferent counties, 519-521;
absences of judges of, 522,
523; the court-houses, 524-

652

Index

County Court — Continued
539; reasons for erection of
local courts, 540; set up in
remote psn's of Colony, 541;
limit to its final adjudication,
541, 542; variety of its busi-
ness, 543-547; relation to
recordation of deeds, 548;
trial in, by jury, 550-553; legal
equipment of judges of, 554-
560; procedure in, 555, 556;
libraries attached to, 556-558;
clerks of, acted at first as
attorneys, 561; fixes fees of
attorneys, 562; no fees after-
wards allowed by, 562; no
feed attorneys at one time
allowed to practise before,
562-565; fees finally allowed
by, 566; attorneys of, licensed,
567; license afterwards not
required by, 568; leading
attorneys practising before,
570-587; who appointed clerk
of, 588, 589; fees of its clerk,
590; cryer of, 591; provost
marshal of, 592-594; who
appointed sherifif of, 594;
duties of sherifif of, 597, 598;
term of sheriff, 599; fees of
sheriff, 600; names of sheriffs,
601; its constables, 602; its
coroners, 603, 604; its grand
jury indictments, 605-609;
comparative leniency of its
punishments, 61 1-615; variety
of its punishments, — the gal-
lows, 616-618; fines, 619; the
lash, 621-627; the stocks, 627;
pillory, 628; ducking, 629,
630; kneeling in court, 630-
632; prisons subject to su-
pervision of, 633-646; see
Justices of County Court

Cox, i: Richard, 404; Vincent,

307
Coxendale, i, 366
Crackenthorpe, Rev. Richard,

i' 5

Craddock, William, i, 592

Crafford, i, William, 311
Crashaw, Rev. Mr. i, 5, 118,

196, 198, 278
Creed, ii, 509
Crews, James, i, 419

Cripp, Zachariah, i, 167

Croft, i, 276, 650

Crofts, Captain, ii, 181-183

Cromwell, Henry, i, 201, 257

Cromwell, Oliver, see Protec-
torate

Crooke, Robert, i, 352
^-Croshaw, Joseph, i, 104, 436,
480; Richard, 436

Cross, John, i, 644

Crouch, William, i, 80

Crowder's Plantation, ii, 33

Cryer of court, i, 591, 663

Cugley, i, 430; ii, 354

Cullen, Thomas, i, 417

Culpeper and Arlington Patent,
ii, 281

Culpeper, John, i, 601

Culpeper, Lord, i, mentions
cost of Bruton church, 103;
his report in 1681, 139; re-
fers to clergymen's salaries,
153; to the parsonages, 171;
protects an indicted Quaker,
242; enumerates the Papists in
Virginia, 274; condemns the
condition of prisons, 635; com-
mends the procedure in the
General Court, 663; taunts
Chichely,675;recommendsthe
abolition of the right of legal
appeal to the Assembly, 693;
ii, reports the numbers of
Virginia troops, 10; carries
powder to Virginia, 41; visits
London, 42; advice as to how
to resist Indians, 79; inspects
the tidewater forts, 163, 168;
threatened with removal, 304;
confers his powers on his
Council in his absence, 309;
appointed Governor for life,
312; his first official act, 313,
327, 328; unable to pardon
the plantcuttcrs, 320; resides
at Green Spring, 337; chief
aim while in Virginia, 339,
350; persuades the King to
increase the Governor's salary
350, 351; impowered to fill
vacancies in his Council, 371;
refers to the clerk of the
Assembly, 472; relations with
the Assembly, 494, 495, 498;
repeals six Acts by proclama-

Index

653

Culpeper, Lord — Continued
tion, 507; seeks with his Coun-
cil to impose taxes, 526;
disapproves of poll tax, 545;
estimates number of tithables
in Virginia, 554; describes
the county levy, 560; effort
to buy the Northern Neck
from, 565; King grants quit-
rents of Virginia to Arlington
and, 576; retains the quit-rents
of the Northern Neck, 580

Currituck, ii, 214

Custis, Henry, i, 30

Custis, John, Jr., i, 577, 579

Custis, John, St., i, immoral
servants belonging to, 49;
owns pew in Hungar's church,
108; commissioner of high-
ways, 114; provides for the
education of his son, 306,
322; serves as sheriff, 601; as
coroner, 603; ii, officer of mili-
tia, 25; reports the presence
of a pirate ship, 215; arrests
Pike for disloyalty, 285; dis-
tance he had to travel as
Councillor, 379; high-handed
proceedings of, 482

Custis, Thomas, i, 448

Custis, William, i, 289, 502; ii,
25- 39

Dalby, i: Thomas, 341; Wil-
liam, 680

Dale, Edward, i, 513; ii, 25

Dale, Peter, i, 418

Dale, Sir Thomas, i, instructs
Pocahontas, 7; religious dis-
position of, II, 12; requires
observance of fast days, 15;
letter of, to London clergyman,
64; church wardens in time of,
79; builds church at Henrico-
polis, 96, 98; pastors in time
of, 198; enforces the Martial
Laws, 473, 474, 616; events
during administration of, 651,
652; ii, sees need of store-
houses, 31; erects blockhouse,
125; enforces strict sanitary
rules, 125; saluted by fort at
Point Comfort, 126; builds
Henricopolis, 128; establishes
New Bermuda Hundreds, 288;

appoints Yeardley his suc-
cessor, 307; imposes a heavy
penalty for mutiny, 355; in-
troduces Martial Laws, 405

Daniel, Elizabeth, i, 23

Daniel and Elizabeth, ship, ii,
182

Darell, Sampson, i, 580

Davenport, John, i, 303

Davies, Rev. Charles, i, 200

Davis, ii: Edward, 209; John,
126; Thomas, 226

Davis, i: Jonathan, 127; Joshua,
68; Timothy, 270; William,

314

Davison, ii: Christopher, 392;
William, 392

Day, James, i, 342

Daynes, William, i, 415, 505

Deacon, Thomas, i, 433

Deacons, i, 189

Debers, i, 429

Declaration of 1651, i, 466

Deeley, Edward, i, 27

Delamasse, Anthony, i, 46

Delaunay, Francois, i, 677; ii,
225

Delawafer, Lionel, ii, 209

De la Warr, Lord, i, arrives at
Jamestown, 95; improves the
church at Jamestown, 95;
provisions of his commission,
473; ii, erects forts on South-
ampton River, 127; elected
Governor, 301; his commis-
sion authorizes appointment
of Lieutenant-Governor, 307;
his titles as Governor, 317;
power to select his Council-
lors, 369; authorized to adopt
ordinances in association with
his Council, 404; Jamestown
church in time of, 450

Denbigh Parish, i, 58

Dennis, John, i, 421

Denwood, Levin, i, 232

Deptford, ship, i, 270; ii, 181

Deputy-Governor, ii, 306, 307,
332, 498

Deputy, Robert, i, 36

De Ruyter, ii, 193

Dewes, Thomas, ii, 83

Dewey, George, i, 433

Digges, Edward, i, 489, 681;
ii- 524. 599

654

Index

DIgges, i, Dudley, 305; Eliza-
beth, 24, 438; William, 489,
490

Digges Hundred, ii, 288

Dike, i, 348

Dissent, see Quakers, Papists,
Puritans and Presbyterians

Dixon, i: Ambrose, 232; John,
518; Christopher, 692

Dobbs, Robert, i, 439

Dodman, John, i, 266

Dodsworth, Elizabeth, i, 184

Doeg Indians, i, 283

Doggett, Rev. Benjamin, i, 142,
174, 200

Donaphan, see Dornphin

Donne, George, ii, 64

Dornphin, Alexander, i, 84

Dorset, Earl, ii, 269

Doughty, i, Rev. James, chosen
for pulpit in Northampton
county, 133; Rev. Thomas,
reimbursed for improper taxes,
150; complains of non-delivery
of tithes, 151; owns large
estate, 180; Rev. Francis,
controversy with his vestry,
218; leaves the colony, 219;
accuses a parishioner of witch-
craft, 280

Douglas, Captain, i, 701

Doyley, Rev. Cope, i, 142, 161,
200, 203, 506; ii, 464

Drummond, Mrs. William, i,

573. 574
Drummond, William, 1, 674; 11,

^56 ...

Drunkenness, 1, m Accomac

county, 33; laws of 1619
touching, 38; strict rules as to
punishing, 39; prevalence of,
in Henrico county, 40, 41 ; pre-
sented by churchwardens,
81

Ducking, i, 629

Dudley, i. Rev. Samuel, 185,
200; Robert, 601

Duke, Henry, ii, 513

Duke, Jane, i, 266

Duke of York, ship, i, 557; ii,

509 . ^ . ..

Dunbar, Gormg, or Gawm, 11,

147, 166, 169, 204

Dunbarton, ship, ii, 169, 183,

207, 208

Dunkin, i: Elizabeth, 284;

Henry, 284; John, 284
Dunn, Charles, i, 302
Dunster, Rev. Robert, i, 18, 173,

405
Durand, Rev. William, 1, 257
Dutch, ii, 3, 193-201, 220, 564,

585, 606

Each, Samuel, ii, 129, 130
Eale, William, i, 284
East India Company, ii, 129
East India School, i, 346-349,

366
Eastern Shore, i, 150, 175, 199,
203, 226, 241, 263, 320;
schoolmasters of, 296; pri-
vate tutors of, 329; Dutch
books owned on, 431; owners
of books on, 430-433; King's
attorney, 510; attorneys on,
608; rape committed on,
679; ii, arms and ammunition
on, 33; number of Indians on,
76; resort of pirates, 207;
patrolled against pirates,
215, 216; pirates escape to,
224; Hundred on, 290; not
part of early corporations,
292; assessments in favor of
Burgesses from, 443; people of,
allowed to pass by-laws, 515,
516
Eaton, i: John, 433; Thomas,

353-356

Eaton Free School, 1, 353-356

Eborne, Rev. Samuel, i, chosen

minister of Bruton Parish,

134; fee for reading prayers

before General Assembly,

161; illiteracy of his wife, 456

Edgerton, i: Charles, 268;

Thomas, 415
Edlowe, Matthew, i, 368
Edmond, Sir Thomas, ii, 269
Edmonds, i; Elias, 424; Thomas,

333, 640
Edmundson, i, Thomas, 603;

William, 241
Education, i : obstacles in the way
of, in Virginia, 293; popular
feeling in favor of, 294;
instances of provision by will
for, 295-307; provisions for
education of orphans and

Index

655

Education — Continued

apprentices, 308-315; Virgin-
ians educated in England,
316-322; tutors, 323-330;
old field schools, 331; clergy-
men's schools, 332, 333;
teachers licensed, 334; interest
shown by Nicholson in, 335-
337; supervision of teachers,
337-339; fees paid to teachers,
340; teachers' rewards, 340-
342; school for Indians, 344-
346; East India School, 346-
349; free schools founded by
Symmes and Eaton, 350-356;
other free schools, 357, 358;
Beverley's reference to free
schools, 359; Berkeley's ref-
erence to free schools, 360;
project of Indian College,
362; contributions for Indian
College, 362, 364; assignment
of land for Indian College,
363. 366, 367; Indian Col-
lege scheme destroyed by
Massacre of 1622, 369-371;
projected College of 1661,
372-379; influences leading
to erection of William and
Mary College, 380; trustees
appointed for the College, 383 ;
instructions given to Blair as
the College's agent in Eng-
land, 385, 386; endowment
of William and Mary College,
387, 388; charter for the Col-
lege obtained, 390; the College
founded, 393; its course of
instruction, 397; its teachers,
398; early exercises at the Col-
lege, 399; number of libraries
in Northern Neck, Eastern
Shore, and Lower Peninsula,
427-440; letters, letter books,
and public documents as
showing education, 444-449;
books written in Virginia,
445, 446; literacy of officials,
448; degree of illiteracy, 450-
459; ii> general comment on,
619-622

Edwards, ii, 510

Eggleston, Benjamin, ii, 354

Eland, George, i, 355

Elizabeth City, i, 177, 199, 200;

monthly court held at, 485;
General Court meets at, 653;
trials of pirates at, 677, 678,
704, 705; ii, arms and ammu-
nition at, in 1625, 33; Spanish
attack expected at, 191; Col-
onel Yeo commands at, 196;
pirates tried at, 213, 224, 225;
monthly court established at,
291

Elizabeth City County, i, bas-
tardy in, 50; petition by, for
election of vestry, 70; parish
and county levies in, in 1692,
77; testamentary provision
in, for education of children,
304; teacher in, recommended
to Governor, 337; free schools
in, 353. 355; owners of books
in, 439; records of, 440; terms
of court in, 519-521; treat-
ment of pauperism, 544; citi-
zens of, presented, 570; Sher-
wood defends judges of, 575;
sheriffs of, 601; the use of the
lash in, 623; ii, military quota
required of, in 1686, 11; mili-
tia officers in, 23, 24; militia
of, reviewed by Nicholson, 29;
provision by, for Indian march,
82; mechanics impressed in,
147; appoints a patrol against
pirates, 214; date of forma-
tion, 294; how it got its name,
298; assessment in, for bene-
fit of the Burgess, 444; gen-
eral assessment in, 536; quit-
rents of, farmed out, 577;
value of quit-rents in, 579

Elizabeth City Parish, free ed-
ucation in, i, 351

Elizabeth, Queen, ii, 235

Elizabeth River, i, 52, 99, 100,
262, 263, 358, 525, 526, 641;
ii, 160, 219

Elizabeth River Parish, i, its
vestry meets, 72; church-
wardens of, in 1647, 80;
attachment issued in, by
churchwardens, 91; contract
of, with clergyman in 1649,
150; Rev. Mr. Calvert incum-
bent of, 210; its pulpit filled
by Rev. Mr. Harrison, 256;
by Rev. Mr. Durand, 257;

656

Index

Elizabeth River Parish — Con-
tinued
planters residing in, employ a
teacher, 333
Elizabeth, ship, ii, 147, 179, 196
Elliott, Anthony, ii, 84
Ellison, Robert, i 405, 691
Emerson, i: Elizabeth, 241;
John, 20; Nicholas, 241, 525
Emperor, Francis, ii, 571
Emperor, Mary, i, 235, 238
England, i, vestry introduced
from, 65; treatment of poor
in, as compared with treat-
ment in Virginia, 88, 89;
clergy drawn from, 116; con-
dition of clergy in, 117; effort
to obtain ministers from, 124;
rule in, as to choice of minis-
ter, 131; salary of a minister
in, 143; effect of customs
in, on price of Virginia to-
bacco, 155; shipment of to-
bacco to, 179; property owned
in, by Virginians, 179; com-
parative advantages enjoyed
by clergy in Virginia and,
183; first adventurers for
Virginia leave, 194; merits of
its clergymen compared with
those of the Virginian, 202;
supremacy of the Puritans
in, 257; panic in, due to
James the Second's course
towards the Romanists, 269;
education of Virginians _ in,
316-322; supplied Virginia
with many tutors, 324; schools
of, at the time of the Revolu-
tion, 351; interest felt in, in the
Indian College, 364; interest
felt in, in Virginia educational
institutions, 374, 376; Blair
chosen as College agent to
visit, 384, 385; Blair's pro-
posed second visit to, 395;
copies of public documents
sent to, in bad shape, 403;
Fitzhugh imports books
from, 423; state of educa-
tion in, 442; illiteracy of its
women, 454, 456; its laws in
force in Virginia, 464-469;
legal procedure of, adopted in
Virginia only partially, 555,

556; legal questions arising
in Virginia submitted to
English Attorney-General,
568; proposal to send English
lawyers to Virginia, 571;
sheriff's court in, 597; crimi-
nal law in, compared with
Virginian, 611-616; Virginians
educated at English inns-of-
court, 660; jurors in, 666;
deposers of Governor Harvey
sent to, 674; Admiralty Court
in, 676; Virginian murderers
sent to, for trial, 680; ii,
powder imported into Vir-
ginia from, 42; military arti-
cles obtained from, 44; arms
fixed in, 48; mechanics to be
obtained in, for Virginia, 130,
132; plat of fort at Point Com-
fort sent to England, 136;
Francis Pott returns to, 139;
Morryson absent in, 145; at
war with Holland, 179; guard-
ship arrives from, 188; provi-
sions procured from, 189;
pirates to be sent to, 206;
history of, affected by charter
of 1606, 230, 232; hopes for,
involved in the colonization
of Virginia, 237, 242-245;
struggle in, with James the
First, 243, 244; effort in, to
revive London Company,
259; failure of Parliamentary
Government in, during the
Protectorate, 263; Boards in,
that controlled Virginia, 267-
272; the Civil Wars in, 274-
276; how far Virginia's
territorial divisions obtained
from, 287-294; Culpeper re-
turns to, 304, 312; agents sent
to, in 1675, 332; tobacco
imported into, 341 ; who was a
citizen of, 366; councillors
visit, 382; William Claiborne
born in, 392; right of suffrage
in, 410, 411; influence of
land-owners in, 424; class
represented in Parliament,
435; iron work procured from,
460; laws of, applied in Vir-
ginia, 482; condition of, in
Cromwell's time, 490; laws

Index

657

England — Continued

of Virginia sent to, for ap-
proval, 503; Virginia has
agents in, 519-521; weights
obtained from, 536; Auditor-
General residing in, 578; ser-
vants from, exempted from
impost, 583; collection of
customs in, 595; Auditor-
General in, 598; resemblance
of Virginia to, 606 et seq.

English, John, ii_, 55

English, Susan, i, 297

Engobreitson, Bartholomew, i,

525
Epidemic, i, 17, 18; u, 487, 488
Eppes, Francis, i, 23, 160, 418;

ii. 55. 94
Essex County, i, bastardy m,
49; testamentary provision in,
for education, 301, 306; edu-
cation of apprentices in, 314;
private tutors in, 328; own-
ers of books in, 407, 429;
number of justices in, 494;
terms of court in, 519-521;
judges of, fined for absences,
523; court-house in, 531;
receives Acts of Assembly,
558; its bar, 581; sheriffs of,
601; constables of, 602; in-
quests in, 604; whipping posts
in, 626; ii, assessment in,
for benefit of the Burgess, 444;
levy in, 538; levies in, 567, 568
Essex Prize, ship, ii, 186, 211,

221, 224
Evans, i, John, 397; Valentine,

341; William, 631
Evelyn, Robert, ii, 370
Everett, i, John, 340, 568, 576;

Robert, 103
Ewell, James, i, 537, 538
Exchequer Court, i, 706
Experiment, ship, i, 510, 511

Fail, John, i, 528

Fairfax, i, 13; ii, 580

Fairfield, i, 535

Fairfield Parish, i, provision

for building churches in, 1 00;

levy for benefit of clergyman

of, 152
Falling Creek, i, 346

Falls of the Appomattox, ii,
100, 102

Falls of James River, ii, 94, 100,
loi, 102, 105, 127, 288, 297
298

Farnefold, Rev. John, i, reim-
bursed for improper tax, 151;
his salary in 1679, 152; chosen
trustee of William and Mary
College, 383^

Farrar, John, i, 601, 603; ii, 24,

444

Farrar, William, 1, 418, 639; 11,
55; see Ferrer

Farrar's Island, ii, 292

Fast Days, i, 1$ et seq.

Fauntleroy, i, Moore, 408; Wil-
liam, 428

Fawsett, John, i, 456, 570

Feiger, William, i, 566

Feild, Peter, i, 491

Felgate, Philip, i, 411; ii, 53

Felgate, Robert, i, 529; ii, 137

Fenn, i, John, 36; Samuel, 26,
299

Ferrer, John, i, 7

Ferrer, Nicholas, i, 6, 364; ii,
245; see Farrar

Finch, Captain, ii, 185

Fines, i, 99

Finny, Robert, i, 698

Fisher, Jeremiah, i, 434

Fitzgerald, Gerard, ii, 169

Fitzhardinge, Lord, i, 589

Fitzhugh, Henry, i, 407

Fitzhugh, William, i, his piety,
21 ; refers to need of clergymen
in Virginia, 124; refers to
salaries of ministers, 154;
letter books of, 317, 444; his
son educated by a Huguenot
pastor, 322; suggested for
trusteeship of the College,
382; bequeaths books to his
sons, 407; owns numerous
books, 422; his culture, 443;
projected history of Virginia,
446; discusses question of
Habeas Corpus, 467-472 ; com-
ments on Virginian laws, 469,
470; fees for legal services,
567 ; inquires about law society
at Jamestown, 569; letter to
Leigh, 579; praises Beverley
as a lawyer, 580; member of

658

Index

Fitzhugh, William — Continued
Stafford bar, 582; letter re-
specting appeals, 694; ii,
supplies Potomac garrison
with food. III, 112; mentions
salary of the Councillor, 377;
impeached by the Assembly,
477; estimates the amount of
revenue from tobacco tax,
587; influence possessed by,
610

Fitzhugh William, Jr., i, 407

Fleet, Henry, ii, 84

Fleetwood, John, i, 36

Fletcher, ii, 468

Fleur de Hundred, i, 199; ii, 131
290, 427

Flint, Thomas, ii, 16

Flood, Walter, i, 319

Florida, ii, 220

Floyd, John, n, 55

Foisin, John, i, 419; ii, 56

Foliott, Edward, i, 407

Foorth, John, i, 627

Foote, Thomas, i, 166

Forby, Thomas, i, 234

Ford, George, i, 309

Fordyce, Rev. Francis, i, 200

Forts, ii, established in 1646,
against Indian attacks, loi;
in 1676, 102; in 1679, 108-
iio; erected, to repel foreign
invasion, 123 et seq., 150 et seq.,
163 et seq.,

Forts, ii, Albany, 94; Algernon,
126; Charles, 100; Grindall,
100; James, 100, loi, 163;
Royall, 100-102

Fort Henry, i, 527; ii, loi

Fort Point Comfort, ii, first
erected, 126; its character
after Dale's departure, 128;
condition of, in 1626, 132;
site for new structure sur-
veyed, 136; constructed by
Samuel Mathews, 137; first
officers in command, 138,
139, 140; duties collected at,
141, 143, 144; ordered to be
restored, 146; objected to by
the colonists, 146-149; left to
go to ruin, 151, 152; mer-
chants favored retention of,
157-159, 161, 162; Captain of,
appointed by the King, 323;

fees paid for support of, 346;
rumored plot for capture of,
355; fund for building, 451

Foster, i, 622; ii, 12

Fouace, Rev. Stephen, i, sermon
before General Assembly, 17;
his fee for funeral sermon, 161 ;
chosen trustee of the College,
383; gift to the College, 395

Fountain, Roger, i, 412

Fowke, i, Gerard, 583; Thomas,
66

Fowler, Bartholomew, i, 576,
689; ii, 314, 513

Fowler, George, i, 415

Fowlkes, Thomas, ii, 448, 481

Fox, Captain, ii, 279

Fox, David, i, 466, 507, 601,
603; ii, 466

Fox, George, i, 241

Foxcroft, Isaac, i, 487, 577

Foxon, Peter, i, 327

Franc, Cornelius, i, 677; ii, 225

Francis, Rebecca, i, 311

Franklin, Benjamin, ii, 232

Free Schools, i. School for
Indians, 344-346; East In-
dia School, 346-349; Symmes
School, 350-352, 355; Eaton
School, 353-356; provision
made for, by John Moore,
357; by Richard Russell, 357,
358; by Mr, King, 358; by
Peasley, 358; by Pritchard,
358; by Gordon, 358; Bever-
ley's reference to, 359; Ber-
keley's reference to, 360, 361

French, i, 247; ii, 46, 94, 166,
180, 192, 606

French's Ordinary, i, 529

Fulcher, Thomas, i, 491

Fulford, John, i, 35

Fulgham, Michael, i, 304

FuUard, John, i, 408

Fullogh, James, i, 417

Funeral Services, i, 159-161

Gaines, Bernard, i, 314
Gale, Henry, ii, 49
Gannock, William, i, 270
Gardiner, Thomas, ii, 447
Garrett, ii, 55
Gascoigne, Robert, i, 301
Gaskins, i, Anne, 622; Samuel,
524

Index

659

Gates, Sir Thomas, i, 146, 472-
474, 651 ; ii, 301, 312, 335, 405,
562
Geddes, Andrew, 1, 439
General Assembly, see Assembly-
General Court, i, gives instruc-
tions for election of vestry,
66; receives the plate of St.
Mary's church, 109; receives
petition from Rev. Mr. Hamp-
ton, 164; decides in favor of
Rev. Mr. Panton, 209; re-
views case of Rev. Mr. Gray,
214; punishes schismatics,
215; orders trial of charges
against Rev. Mr. Doughty,
219; punishes for heretical
opinions, 221; Quakers ar-
raigned before, 222, 235; re-
quires Quaker missionaries to
leave Virginia, 226; prohibits
importation of Quakers, 228;
fines Quakers for opprobrious
language, 245; sustains mili-
tary assessment of Quakers,
247; a papist summoned be-
fore, 267; appeal to, about
Roman Catholic lawyers, 273;
investigates charges against
Edward Hill, 277; appeal of
Hawkins Snead to, 3 14; allows
court-house at Jamestown to
be used by County Justices,
336; condemns proceedings
against Harvey, 465; how
far jurisdiction of, modified
by Monthly Court, 484, 485;
punishes a disobedient County
Judge, 506; punishes persons
reflecting on county court,
512; asked to issue a warrant,
5i3;discouragesadjournments
of county courts, 523 ;_ right
of appeal to, 54 1 ; fixes criminal
jurisdiction of Monthly Court,
542; right of, to grant letters
of administration, 547; in-
structs Attorney-General,
571; the Drummond case in,
574; Sherwood appears in,
574; all letters of adminis-
tration reported to, 589;
trials in, 606; tries a negro,
625; passes sentence for adul-
tery, 629; prisoners tried by.

633; its early history, 647-
651 ; its place of meeting, 653-
655; date and length of terms,
655-659; its composition, 660;
competency of members from
a legal point of view, 661-
664; jurisdiction in felonies,
665-667; procedure in a mur-
der case, 667-671; writ of
Oyer and Terminer issued by,
671-673; tries the Plant-
cutters, 675; punishes piracy,
676-678 ; punishes rape, 679 ; no
appeal from, in criminal cases,
680; interprets Acts of Assem-
bly, 681 ; requires lower courts

. to reconsider decisions, 682;
appellate jurisdiction of, 682,
683; statutes relating to right
of appeal to, 685, 686; princi-
pal officers of, 687-689; ap-
peal to General Assembly
from, 690-696; Judges of,
act as Circuit Justices, 496-
499; jurisdiction of, in ad-
miralty cases, 697, 698; ii,
Richard Bickley tried by, 5;
tries a naval officer, 141;
slanderers of the Governor
required to appear in, 354;
Council sits as, in case of
charge against a Councillor,
372; gives a summons the
binding force of a writ, 384;
where it met, 389, 402; privi-
leges enjoyed by clergymen
preaching before, 565

George, Thomas, i, 428, 580

Gerrard, Thomas, i, 301

Gethering, John, i, 576

Gibson, i, Alexander, 404;
Thomas, 405

Gilham, John, i, 412

Gill, Benjamin, ii, 169

Gilson, John, i, 428

Gisburne, John, i, 286

Glasscock, i, Deborah, 51;
Thomas, 68

Glebe, i, size of, in 1619, 163;
in 1639, 164; situation of,
164; sale of, 164; size of, in
1662, 165; devises for a, by
citizens, 166; when vacant
rented out or cultivated by
vestry, 166; condition of.

66o

Index

Glebe — Continued

about 1695, 167; stocked
with cattle by private persons,
167; controversy about, in
1695, 168, 169

Gloucester County, i, sabbath
observance in, 35; no vacant
pulpits in, in 1680, 124;
salaries of clergymen in, in
1683, 153; removal of school-
master from, 339; provision
for free school in, 358; pro-
posed as site for William and
Mary College, 381, 392;
printing-press in, 402; records
of, 440; court-house of, 534;
citizens of, prosecuted, 570;
ii, military quota required of,
1 1 ; militia officers in, 24 ; troops
in, held in readiness, 166;
warned of pirates' presence,
218; judges of, criticized by
Francis Willis, 502; people of,
allowed to pass by-laws, 515;
quit-rents of, farmed out, 578;
value of quit-rents in, 579

Glover, i, Rev. Mr., 197;
Richard, 326

Glover, William, i, 576, 639; ii,

Goare, Samuel, ii, 563
Godacres, Joseph, i, 527
Godby, Anne, i_, 238, 281
Goddin, Isaac, i, 34
Godfry, i, John 18; Thomas,

552
Godson, Elizabeth, 1, 320
Godwin, Devereux, i, 22
Godwin, Thomas, ii, 355
Godwyn, Rev. Morgan, i, con-
demns lay priests, 127; at-
tacks the vestries, 135, 136;
his statement about Virginia
clergy controverted, 183; an-
tecedents of, 200; reflections
by, on Virginia clergy due to
his puritanic spirit, 206
Gondomar, ii, 244
Goode, John, i, 34; ii, 63
Goodrich, ii, 466
Goodrich, John, i, 417; ii, 25
Goodrich, Thomas, i, 31, 299
Goodwyn, James, i, 438
Goodwyn, Thomas, ii, 25
Gookin, Daniel, i, 255

Gordon, i, Thomas, 36; William,

358
Gormg, Charles, 1, 337
Gorsuch, Rev. John, i, 179
Gosling, John, i, 434
Gosnold, Bartholomew, ii, 368,

369
Gourdon, Rev. John,- i, 214
Governor, i, right of, to induct
clergymen, 131, 132; in in-
ducting, required first to have
vestry's consent, 138; tenants
attached to lands of, 163;
supervises glebe lands, 164;
teachers recommended to, for
license by county courts,
337; appoints justices, 487;
how influenced in appointing
justices, 489-492; exercises
discretion in appointing
justices, 504; right to expel
justice from county court,
505; appoints clerks of
county courts, 588; designates
sheriffs, 594; serves as Presi-
dent of General Court, 660;
effect of his participation in a
decision of county court, 684;
ii, approval of a commander's
nomination required of, 20;
commander-in-chief, 27 - 29 ;
designates custodians of arms,
48; authorizes the sum-
moning of the militia, 93;
reports as to militia meetings
sent to, 95; issues warrant to
impress soldiers, 117; directs
movements of the Rangers,
118, 119; guard attending, to
be used as a garrison for
Jamestown, 145; hires a
vessel, 179; authorized to
send pirates to England, 218;
powers of, in 162 1, 249; rela-
tion to Bermuda Hundreds,
289; how appointed, 300-309;
length of his term, 310, 311;
his inauguration, 312-314; his
powers, 320-328; important
duties of, 328-330; required
to reside in Virginia, 332, 333;
his official home, 335-339;
his remuneration in time of
the Company, 340, 341; his
salary in 1637, 343; public re-

Index

66i

Governor — Continued

gard for honor of the office
of, 344; how salary of, col-
lected in 1654, 346; his salary
in 1662, 348; at end of
the century, 350; attended
by a bodyguard, 352, 353;
punishment for reflecting on,
354. 355; for deposing, 355-
357; could remove Councillor
in his own discretion after
1676, 372; issues summons for
a Councillor, 384; approves
election of Speaker, 469; re-
commends the messenger for
the Assembly, 475; instructed
in 1660 to call the Burgesses
together, 491; grants to, 498;
power of, inWyatt'stime, 500;
where he sat, 501; issues
proclamations in annulment
of Acts, 506 ; London Company
paid salary of, 522; salary of,
535; exempted from taxation,
565; disburses quit-rents with
the King's approval, 580;
salary of, 585

Governor and Council, i, ap-
peals to, about parishes, 59;
order election of vestries, 69;
orders about churches, 98, 99;
petitioned about repair of Ja-
mestown church in 1699, 107;
appeal by, to Bishop of Lon-
don in 1680, 124; impowered
to suspend minister, 135; state-
ment by, about clergymen's
condition in 1691, 155; fix
the salary of clergymen in
1695, 157; present at clergy's
annual assembly at James-
town, 187; receive complaint
of Rev. Mr. Thompson, 190;
thank the London Company
for zealous clergyman, 199;
impowered to punish clergy-
men, 204; complaint to, by
Rev. Mr. Gregg, 213; re-
quest made by, about the
French and Walloon Protes-
tants, 217; opinion of, as to
conferences with Quakers, 229 ;
summon Quakers before them;
231; order Quakers to report
their places of meeting, 250;

condemn justices as seditious
sectaries, 258; denounce Pa-
pists in 1629, 265; order cer-
tain Papists to appear before
them, 272; request informa-
tion about London appren-
tices in Virginia, 315; petition
of Hugh Campbell to, 333;
letter of, about East India
School, 349; approve claim for
education of an Indian boy,
365; required to see to the
completion of the Indian
College, 369; consider design
of College in 1690, 381 ; invited
to witness laying of the
foundation stone of William
and Mary College, 393; sum-
mon a printer before them,
403; enlarge number of
county court judges, 494;
appealed to by county judges
when insulted, 511; endeavor
to arrest Captain Jennings,
511; require justices to com-
form to English legal pro-
cedure, 554; discourage the
elimination of attorneys, 565;
oppose the diversion of the
liquor tax, 637; ii, list of
persons fit for military service
returnable to, 9; report to,
by commander, 19; report
by, on munitions, 34; order
by, to impress powder, 51;
adopt order about smiths, 58;
reports to, about Indian
march, 85; authorized to
raise and disband the Rangers,
120, 121; inspect site for a
fort at Blunt Point, 130;
ordered to finish the fort at
Point Comfort, 146, 147;
oppose its construction, 147,
157. 158; order a report on
the powder in private hands,
168; pronounce the forts to
be useless, 174-177; in-
structed to put Colony in a
state of defence against the
Dutch, 198; order lookout
for pirate ship, 214; report
as to pirates' presence to be
made to, 214; form part of
General Assembly in 1619,

662

Index

Governor and Council — Con-
tinued
246; appointed in the begin-
ning by the Company, 249;
subject to resident Council
in England, 256; heavy duties
of, in 1626, 257; appointed by
the King after 1624, 259;
elected by the Burgesses
during the Protectorate, 263;
relations with the English
Boards of Control, 268, 269;
required to report on the
general condition of the Col-
ony periodically, 330; at-
tended by a bodyguard, 352,
353; claim right to lay tax,
375' 376; grant use of a room
for clerk of the Assembly, 389 ;
powers of, previous to, 1619,
404, 405; proclaim the re-
moval of the capital to Wil-
liamsburg, 461; had no voice
in election of Speaker, 468;
Beverley declines to deliver
to, a copy of the journal, 473;
required to instruct Attorney-
General of Virginia, 507; right
to lay a tax, 524-530; peti-
tioned by George Bruce, 566

Gower, Abell, i, 604

Grady, Katharine, i, 281, 697

Graft, i, 325

Grand Jury, i, 605-609

Granger, Nicholas, i, 297

Gray, i, Richard, 341; Rev.
Samuel, 213, 214

Grays, Thomas, ii, 137

Green Plantation, i, 392

Green Spring, i, 617; ii, 42, 327,

336, 337. 353. 389. 455. 457
Green, William, i, 414
Greene, Peter, ii, 278
Gregg, Rev. Stephen, i, 212
Gregory, Rev. John, i, 200
Gregson, Thomas, i, 580
Grievances, ii, 480-483
Griffin, i, Elizabeth,' 626;

Thomas, 300, 301
Griffin, Leroy, ii, 25
Griffith, William, ii, 225
Griggs, Robert, i, 26
Grimes, William, i, 436
Grindall's Fort, ii, 100
Grocer's Adventure, ship, i, 538

Guardians, i, 309, 310
Gullock, Robert, ii, 55
Gwyn, Rev. John, i, 180, 200,
577

Habeas Corpus, i, 467

Hack, George Nicholas, i, 270,

271.673
Hackett, Thomas, i, 424

Haddon, Francis, i, 437

Hagar, i, 77

Haines, Richard, i, 618

Halfway House, i, 529

Hall, i, Christopher, 629; Ed-
ward, 52; Nathaniel, 339

Hallows, John, ii, 21

Hallstead, Henry, i, 302

Hammond, Mainwaring, ii, 21

Hammond, William, i, 205, 478,
479. 610

Hamor, Ralph, i, 4

Hampton, i, 109

Hampton Academy, i, 356

Hampton Parish, i, 78, 511; ii,

Hampton River, ii, 33

Hampton, Rev. Thomas, i,
petitions for additional glebe
lands, 164; owns land, 178;
referred to, 200; his antece-
dents, 201 ; charges against,
210

Hanbrom, William, i, 415

Hanby, John, ii, 171

Hanging, i, 616-618

Hangman, i, 616-618

Hankings, George, i, 31

Hanning, John, ii, 354

Hansford, i, Charles, 407, 439,
572; Henry, 407

Hansford, Thomas, i, 325, 529;
ii, 282

Harding, i, Thomas, 415, 525;
William, 280, 288

Harman, ii, Teague, 55; Wil-
liam, 26

Harmanson, Thomas, i, 59, 577

Harper, i, Robert, 305; Thomas,
428

Harris, i, Charles, 580; Eliza-
beth, 226; John, 340, 342,

424
Harris Plantation, ii, loi
Harrison, Benjamin (Senior and

Junior), i, 382, 383, 445, 576,

Index

663

Harrison, Benjamin — Continued
601, 689; ii, 25, 360, 362, 513,

550, 554

Harrison, George, n, 335

Harrison, Joseph, i, 620

Harrison, Rev. Thomas, 1,
chosen minister in Lower
Norfolk county, 132; con-
tract of church with, 149;
performs burial service, 160;
vacates his pulpit, 166; ap-
pointed chaplain of Henry
Cromwell, 201, 257; indicted
by grand jury, 221; converted
to Puritanism, 255; compelled
to leave Virginia, 256

Hartwell, Henry, i, educates his
nephew in England, 322;
chosen trustee of the Col-
lege, 382, 383; his gift to the
College, 396; joint author of
a Virginia pamphlet, 468;
Fitzhugh writes to, 569; criti-
cises General Court, 660-663;
his advice about General
Court, 696; ii, disparages the
Council, 363; refers to the
Councillors' non-liability to
arrest, 383, 384; estimates
amount of the Secretary's
salary, 401 ; refers to sheriffs
of Virginia, 577; estimates
value of. Virginia quit-rents,
579; refers to the Treasurer
of Virginia, 604

Harvard College, i, 350

Harvard, John, i, 350

Harvey, 'Governor, i, contrib-
utes to fund for erection
of church at Jamestown, loi;
controversy with Rev. Mr.
Panton, 208-209; Panton
criticises, 465; deposed, 674;
ii,his deposition, 64; questions
reliability of Indians, _ 72;
reports on peninsula palisade,
99; urges restoration of fort
at Point Comfort, 135, 136;
displaces Francis Pott as
commander of fort at Point
Comfort, 139; appoints Chris-
topher Wormeley Command-
er, 139; levies a general tax,
140; his instructions signed

. by the Privy Council, 267;

removed by his Council, 304;
designated as Yeardley's
successor, 305; returns to
Virginia after his deposi-
tion, 313; dispute as to his
powers as Governor, 317,
318; uses his right of procla-
mation improperly, 324; owns
his house at Jamestown, 335,
336; urges a better support
of the Governor's office, 341,
342; estimates the amount
needed by the Governor in
going to Virginia, 343; inci-
dents of his deposition, 355-
357; swears in Councillors,
370; disputes the claims of his
Councillors, 374; explains the
deduction in the Secretary's
income, 400; writes about the
new State-House, 452; first
State-House belonged to,
452; referred to, 480; the
King's offer to buy the tobacco
of Virginia in time of, 489;
describes the Virginians, 490;
makes a suggestion to the
Privy Council, 503

Harvey, Valentine, i, 312

Harwood, George, ii, 354

Hastell, Edward, i, 35

Hastry, Jane, i, 23

Hatcher, Edward, i, 271; ii, 95

Hatcher, William, i, 114, 277

Hatton, i, William, 511, 512;
John, 491

Hawkins, i, Thomas, 313; Wil-
liam, 309

Hawley, ii, Gabriel, 603; Jerome,
393. 592, 603

Hayes, Robert, 1, 524, 555; 11,

Hayti, ii, 220
Heard, Walter, i, 266, 424
Heath, Sir Robert, ii, 254
Heather, William, i, 270
Heighram, Deborah, i, 52
Hellier, Thomas, i, 329
Hening, William W., ii, 295
Henrico Corporation, ii, 291,

292, 427
Henrico County, i, drunkenness
in, 40, 41; profanity in, 42,
44; bastardy in, 49; an In-
dian resident of, 77; vacant

664

Index

Henrico County — Continued
pulpits in, in l68o, 124; cost
of a funeral sermon in, 160;
Blair buys land in, 181; a
horse-race in, 207; Mr. Ball
rector in, in 1684, 211; John
Pleasants a citizen of, 242;
Quaker meeting house in,
245; Quakers' attitude tow-
ards military service in,
246; education of apprentices
in, 313; exempts a teacher
from taxation, 339; owners
of books residing in, 406,
407, 409, 418-420; records of ,
440; parish court in, 482;
first monthly court in, 486;
how often judges' commis-
sion renewed in, 488; ap-
pointment of judges in, 491,
492 ;_ judges lacking in, 495;
William Byrd, Sr., presides in
court of, 502; terms of its
court, 520, 521; court-houses
in, 527, 528; monthly court
established in, 541; lawyers
at bar of, 576; sheriffs of, 601 ;
precincts in, 602; coroners
of, 603; inquests in, 604; a
hanging in, 616; ducking stool
in, 630; charge for prisoner
in, 646; rape in, 679; ii,
military quota required of, in
1686, 1 1 ; militia officers in, 23;
fear in, of Indian outbreak,
75; provision in, for Indian
march, 91, 94; rumor in, of
Indian murders, 95; soldiers
enlisted in, 100; rangers fur-
nished by, for frontier service,
115 et seq.; date of formation,
294; had no western bounda-
ries at first, 297; origin of its
name, 298; number of Bur-
gesses from, 428; fined for
neglecting to elect a Burgess,
430; boat charges in, for
Burgesses, 444; where public
grievances received in, 484;
general assessments in, 537;
refuses to exempt slave from
taxation, 564; levies in, 567,
568; quit-rents of, farmed out;
577 value of quit-rents in, 579

Henrico Parish, i, Ii2

Henricopolis, i, 98, 198, 363; ii,

128, 131, 292, 298
Henry, Patrick, ii, 231, 232,

533
Henry, Prince of Wales, ii, 124,

127, 298
Henry Prize, ship, ii, 184
Hewes, Robert, i, 481
Heyman, Peter, ii, 221, 223,

325. 593

Heyrick, Thomas, ii, 137

Heyward, John, i, 434

Hicks, Robert, i, 397

Higby, i, Rev. Thomas, 147, 184;
Rev. Willis, 178

Higginson, ii, 382

Higgleby, John, i, 86

Higgs, John, i, 340

Highways, i, 1 14

Hill, ii, 513

Hill, Edward, i, charged with
atheism, 277; goes the cir-
cuit as a Councillor, 497,
499; Attorney-General, 688;
judge of Admiralty Court,
702; president of the court
trying pirates, 705; ii, officer
of militia, 24, 25; supplies
arms, 36; commander in an
Indian march, 94; inspects
fort at Jamestown, 172; joins
in report on fortifications, 1 74 ;
serves in the Council, 365;
petitions the Board of Trade,
378; reviser of the Acts, 511;
names a deputy collector,
593; appointed Treasurer, 604

Hill, i, John, 80; Nathaniel, 22,
419; Samuel, 272

Hinson, John, ii, 209

Hobbs Hole, i, 642

Hobson, Thomas, ii, 89

Hockaday, William, i, 575

Hodge, Robert, i, 22

Hodges, i, Edward, 412; John,
398

Hodgkin, William, i, 160

Hodgson, Robert, i, 226

Hog Island, i, 100, 190; ii, 33

Holcroft, John, i, 575

Holden, i, Charles, 510, 570,
571.577.608; Christopher, 226

Holland, i, 179, 321, 325, 413;
ii, 219

Holland, Thomas, i, 439

Index

665

Hollier, Simon, i, 439

HoUoway, John, i, 22, 160, 408,
430, 626; ii, 53

Holmes, i, Richard, 481;
Thomas, 481-482, 639

Holt, i, Randall, 190; Rev. Jo-
seph, 200

Hone, Theophilus, ii, 156

Hook, Francis, ii, 139

Hooton, Elizabeth, i, 227

Hope, George, i, 310

Hopegood, Peter, i, 320

Hopkins, Rev. George, i, 172,
173, 200, 433

Hoppin, Arthur, i, 408

Homes, the, i, 578

Horsey, Stephen, i, 511

Horton, William, i, 566, 583

Hough, Francis, ii, 83

Houghing, John, i,_ 677; ii, 225

Housdon, Rev. William, i, 200

Howard, Governor, i, instruc-
tions of, 126; authorized to
collate to benefices, 131;
proclaims declaration of lib-
erty of conscience, 244; re-
proves Colonel Scarborough,
268 ; instructed about teachers,
334; his proclamation to
teachers in 1686,334; teachers
required by, to pay a fee,
339; absent from Virginia,
381; forbids use of printing
press in Virginia, 403; denies
right of Habeas Corpus in
Virginia, 468; instructions of,
about judges, 504; requires
lawyers to be licensed, 568,
581; encourages legal formali-
ties, 664; English Government
writes to, about pirates, 678;
acts as judge in Chancery
Court, 705; ii, estimates
numbers of Virginia infan-
try, ID; reorganizes military
system, 22; commander-in-
chief, 28; powder brought to
Virginia at request of, 42;
charged with diverting the
fort duties, 165; asks that a
frigate be sent to Virginia,
180; criticises the captains
of the guardships, 181;
summons Crofts to James-
town, 182; orders presence of

pirate ships to be announced
to him, 206; sends pirate
booty to England, 208; loy-
alty of, to James the Sec-
ond, 284; Nicholson appointed
Lieutenant-Governor under,
307; sets out for New York,
308; impowered by Council to
act in his place in his absence,
309; refuses to read his in-
structions, 319; his power to
remit fines restricted, 321;
passes much time at Rosegill,
337; chief aim of, while in
Virginia 339, 350; required
to be careful in choosing
Councillors, 358; impowered
to fill vacancies in his Council,
371; expels Philip Ludwell
fromthe Council, 373; quorum
of Council fixed by instruc-
tions of, in 1685, 373; claims
the right to remove the clerk
of the Assembly, 472, 473; his
relations with the Assembly,
494, 495, 497, 498; transmits
copies of Acts to Privy
Council, 505; required to see
that all by-laws were ap-
proved, 518; protests against
the exclusive right of the
Burgesses to tax, 527, 529;
instructed to abolish the poll
tax, 546
Howard, i, John, 419; Stephen,

575
Howel, Thomas, 11, 444
Howell, Edmond, i, 301, 418
Howson, ii, 89
Hubbard, Matthew, i, 435
Huddlesey, John, i, 44
Hudnall, ii, 108
Hudson, i. Rev. George, 127;

John, 592; Leonard, 347
Hughes, Thomas, ii, 225
Hughes, William, i, 434
Hughlett, John, i, 535
Huguenots, i, 267, 322, 327
Hundred, the, ii, 287-291, 294
Hungar's, i. Bridge, 578; Creek,

536
Hungar's Parish, i, consolidated,
59; provision for poor of, 88;
church dues of, collected by
sheriff, 93; character of its

666

Index

Hungar's Parish — Continued
church edifice about 1682,
104, 105; removal of church,
107; gift of plate to, no;
its churchwardens sue, 555

Hunnicutt, John, i, 32

Hunt, i. Rev. Robert, 195, 202;
Thomas, 18

Indians, i, early interest in their
conversion, 3-9; education of,
9; decline in number of, 9;
depopulation in consequence
of depredations by, 60; relief
granted individuals, 77; gift
to the College, for, 109;
threatened intrusion of, from
Pennsylvania, 246; threat-
ened invasion of, in 1688,
269; suspected of witchcraft,
278; Doeg tribe of, 283; free
school for benefit of, 344-346;
reference to, 347 ; a College pro-
jected for, 362; history of the
College, 363-371 ; boys among,
educated by citizens, 364;
threatened attack by, in 1692,
389; Boyle's gift for benefit
of. 396, 397; Smith captured
by, 651; an Indian servant,
673; ii, incursions of, 3; in-
discriminate hostility of, 8;
coats of mail used in war with,
30; expedition against, in
1677, 40; preparation in
youth for war with, 63;
their manner of warfare, 68,
71, 76, 77; distrust of, felt
by whites, 72-75; palisade
across the Peninsula as a
barrier against, 98, 99; forts
erected in 1645 to prevent
inroads of, 100-102; forts
erected in 1676, 102-107;
palisaded storehouses, 108-
1 1 1 ; corps of rangers to serve
against, 115 et seq.; Wyatt
trades with, 308; treaty with,
309; costs of campaigns
against, 535; tithables among,

548, 549
Indian College, i, collections for,
in England, 362; assignment
of land for, 363, 366, 367;
contributions for benefit of,

364; income to support, 365;
George Thorpe appointed
head of, 367, 368; effect of
Massacre of 1622 on, 368-370;
plantation belonging to, 371

Ingle, Captain, ii, 54

Ingle, Edward, i, 79

Inglis, Mongo, i, 398

Instructions of 1606, i, 472

Insurrection of 1676, i, 16, 283,
360, 380, 459; ii, 3, 40, 87,
92, 167, 199, 264, 265, 357,
364, 432, 474, 494, 542

Ireland, ii, 599

Irish servants, ii, 7, 8

Iron Works, i, 345, 346

Isle of Wight county, i, gift
to poor in, 26; profanity in,
43; divided into two parishes,
55; election of vestry in, 67;
its glebe, 168; gift of land and
tobacco to, 191; activity of
Quaker missionaries in, 241;
provision by will for educa-
tion of children in, 299,
300, 303, 304; petition of
Hugh Campbell as affecting
inhabitants of, 333, 336;
earnings of a schoolmaster in,
341 ; provision for free educa-
tion in, 357; protests against
tax for benefit of William and
Mary College, 396; owners
of books in, 405, 407, 416,
417; signatures to griev-
ances of 1676, 459; early mem-
bers of its court, 490; justices
in, 490; terms of its court,
520; divided by a river, 530;
citizens of, prosecuted, 570;
ii, military quota required of,
in 1686, 1 1 ; Bridger commands
militia in, 22 ; officers of militia
in, 23; colonels in, 24; regulars
billeted in, in 1677, 41; pro-
vision by, for Indian marches,
82,. 83, 93; soldiers enlisted
in, 100; seeks permission to
build a fort, 159; originally
a part of James City Cor-
poration, 291; boundaries
of, laid off, 295; number of
Burgesses from, 428; petitions
the Assembly to dismiss one
of the county's members,

Index

667

Isle of Wight Co. — Continued
467; quit-rents of, farmed out,
578; value of quit-rents in,
579

Jackson, I: Rev. Andrew, 184;

Henry, 36; Robert, 429;

Thomas, 314, 415
Jacob, Rev. Henry, i, 200
Jacobson, Lawrence, i, 431
Jadwin, Robert, i, 422
James, Captain, i, 557
James City Corporation, ii, 291,

340. 427

James City County, i, vacant
pulpits in, in 1680, 124;
grievances of, in 1676, how
signed, 459; its terms of court,
520; jail in, 636-638; ii,
military quota required of, in
1686, 1 1 ; militiaofficers in, 23,
24; provision by, for Indian
march, 82; soldiers enlisted
in, 100; mechanics impressed
in, 145; originally a part of
James City Corporation, 291;
when first laid off, 294; after
whom named, 298; Burgesses
of, 428; declaration by people
of, in 1677, 433; tithables of,
assessed, 462; quit-rents of,
farmed out, 577; value of
quit-rents in, 579

James First, i, orders contribu-
tions to be made for Indian ed-
ucation,6; referred to, 130, 265;
orders collections for bene-
fit of Indian College, 362; in-
structions as to maintaining
English law in Virginia, 463;
ii, presents the colonists with
armor, 32; forbids Parlia-
ment to intervene in Colony's
affairs, 231; proclaims the
limit of the colonists' depen-
dence, 232-234; claims the
Virginia customs, 235; ap-
points members of Virginia
Council in London, 235; the
struggle with, 237; declines
to assume any expense on
the Colony's account, 239;
his timidity, 239; takes steps
to abolish the London Com-
pany, 250-252; death of, 255;

intention of, to abolish the
General Assembly, 257; his
name given to a county, 298;
his grant of rights to the
Virginians, 531
James City Parish, i, 132
James, i: Francis, 36; Rev.

Thomas, 254
James, John, ii, 211
Jameson, Thomap, ii, 225
James River, i, 163, 197, 366,
372, 446, 483, 528, 629; ii,
76, 82, 84, 98, 109, 118, 119,
126, 129, 132, 137, 145, 150,
157, 158, 161, 187, 291, 313,

395. 438, 447. 564

James Second, i, grants reli-
gious freedom, 215; declara-
tion by, of liberty of con-
science, 244, 268; referred
to, 271, 284-286, 597, 598;
requires copies of Acts to
be sent to England, 330;
commissions William Byrd,
Sr., auditor, 599

Jamestown, i, religious services
at, 7; religious spirit of foun-
ders of, 10; De la Warr at,
11; clergy meet at, 13; epi-
demic at, 18; vestry's work at,
65; first religious services at,
94; condition of church at,
in 1617, 97; in 1619, 97, 98;
church erected at, about
1642, 100; contributions to its
church about 1636 and 1640,
loi ; church at, built of brick,
106; church at, in disrepair
in 1699, 107; Harvey ar-
rives at, 119; Rev. Mr,
Blair clergyman at, 128, 130;
meeting of clergy at, 187;
fire at, 195; Rev. Mr. Bolton
occupies pulpit at, 199; incum-
bents of benefice at, 202;
William Robinson tried at,
220; trial of Quakers at, 234;
proclamation at, about threat-
ened invasion in 1691, 248;
school teachers summoned to,
in 1686, 334, 335; Nicholson
proposes to convert court-
house at, into a schoolhouse,
335; report about schools in
1699 returned to, 338; report

668

Index

Jamestown — Continued

of subscribers to projected
college in 1690 to be sent to,
381; reference to, 392; officers
of William and Mary College
summoned to, to elect a
Burgess, 399; Gov. Butler
visits, 464; juries impanelled
at, 470; judges of county-
court called to, 495; criminals
sent to, 509, 512; reference
to, 523, 541; distance to,
as affecting administrators,
547; deeds recorded first at,
549; law society at, suggested,
569; fees of King's repre-
sentative at, 571; Sherwood
resides at, 573; prisoners de-
livered at, 597; a professional
hangman at, 617, 618; sheriffs
required to report at, 633;
jail at, 635-637; prisoners
delivered at, 636; Wingfield
arrested and tried at, 648;
parliament suggested at, 650;
General Court meets at, 653-
655, 658; burnt in 1676, 654;
jurymen at, 668; charges for
witnesses sent to, 670; pirates
brought to, 677; admiralty
cases determined at, 698; ii,
list of those able to bear arms
sent to, 9; centre of military
district, 21 ; armorers sent
to, 30, 35; no provision at,
for protection of munitions,
31; piece of armor found at,
32; arms and ammunition at,
in 1625, 33; the powder kept
at, 49; reports as to militia
summons sent to, 95; Indians
sent to, 120; fort erected at,
in 1607, 123, 124, 125, 128,
131; ordnance sent to, from
Point Comfort, 145; a fort
projected at, in 1665, 145, 146;
in 1667, 150, 152, 153; fort at,
reconstructed in 1673, 156-
159; cannon at, 164, 167;
platform at, 165; condition
of fort at, in 1 691, 170; pow-
der house at, 170; guns at,
171; effort to keep up fort at,
173; Crofts summoned to,
182; why its site was chosen

for first settlement, 190;
arrival of Spaniards feared at,
191; Bennett at, 195; Berke-
ley strengthens the fort at,
197; news of French attack
expected at, 202; pirates
tried at, 204; report as to
pirates to be made to authori-
ties at, 214; Yeardley arrives
at, in 1626, 257; William and
Mary proclaimed at, 286;
capital town of James City
Corporation, 292; the Gover-
nors' absences from, 307, 308,
309; Gates arrives at, 312;
Nicholson's and Andros's in-
augurations at, 3I3,_ 314;
copies of instructions given to
the Governor filed among
the records at, 319; Culpeper
visits, 327; Governor's resi-
dence at, 335, 336; public
whipping at, 354; attendance
of the Council at, 379; Eng-
lish documents received at,
387; Council meets at, 388;
name of newly elected Bur-
gess returned to, 420; life
of Burgess in, 425; repre-
sentation of, in the Assembly,
428, 429; Burgess' journey
to and from, 430, 438, 443;
servants taken to, by Bur-
gess, 437; cost of Burgess'
living at, 438; delinquent
sheriff to be brought to, 448;
General Assembly meets at,
450; no State-House in, in
1677, 455; capital required
in 1677 to be retained at,
455; capital in 1699 removed
from, 458, 459; messenger of
the Assembly sent from, 473;
a meeting of Council and
Burgesses at, in Harvey's
time, 480; epidemics at, 488,
489; news of Cromwell's death
reaches, 491; revisors of the
Acts meet at, 511; cost of
attendance at, 535, 537, 538;
George Bruce petitions Gover-
nor and Council at, 566; audi-
tor's account submitted at,
598; George Sandys arrives at,
602; general comment on the

Index

669

Jamestown — Continued

influence of the foundation

of, 635, 636
Jamestown Fort, ii, 123-125,

145, 146, 150-153. I56-I59>
164-170, 171-173

Jamestown Island, ii, 63

Jarratt, Richard, i, 301

Jarvis, Arthur, i, 615; ii, 458

Jeffreys, Governor, i, judges
recommended to, 491; names
judges for Surry, 494; sus-
pends a county judge, 506; ii,
salary of, 349; appoints Daniel
Parke Secretary of the Colony,
394; condemns the Jamestown
innkeepers, 442; Burgesses
seek the intervention of, about
the Assembly records, 495,
496; complains of the Lancas-
ter county court, 572, 573

Jeffreys, Jeffrey, i, 695; ii, 266,
478, 520, 532

Jenifer, Daniel, i, 601

Jenkins, Henry, i, 355, 502,
512

Jenkins, Secretary, ii, 73

Jennings, Edmund, i, has pew
in Bruton church, 107; prose-
cutes pirates, 677, 678; At-
torney-General, 688; ii, offi-
cer of militia, 25; custodian
of powder, 47; grants use of
one of his buildings for pow-
der house, 172; reports on the
condition of the forts, 174;
supplies food for pirate pris-
oners, 223; prosecutes the
pirates, 225; petitions the
Board of Trade, 378; con-
tracts for quit-rents, 578

Jennings, i: Jane, 287; John,
417, 510, 511, 516; Peter, 688

Jenny, i, 673

John's Creek, ii, 127

Johnson, Alderman, i, 369; ii,

253

Johnson, ii: Anthony, 564; Mar-
tha, 564

Johnson, i: Edward, 434; Jacob,
575; Martin, 429; Paul, 436;
Peter, 303 ; Robert, 5 ; Thomas,
404

Johnson, John, 1, 324, 325, 341,
604; ii, 55

Johnson, William, i, 37, 327, 627;

ii. 57

Johnston, Richard, ii, 109

Jones, ii: Anthony, 83; Cadwala-
der, 24, 106, 107; Roger, 179,
180

Jones, i: Elizabeth, 78; Rev.
Emanuel, 203; George, 428;
Margaret, 629; Nathaniel,
103, 167; Richard, 415;
Thomas, 580, 625, 679; Wil-
liam, 643

Jones, Robert, i, 325; ii, 563

Jones, Rev. Rowland, i, his
residence, 171; his library,
175; his personal estate, 181;
referred to, 200; his antece-
dents, 201; incumbent of
pulpit at Jamestown, 202

Jones's Neck, ii, 291

Jordan, George, i, testamentary
provision about his home, 20;
presents plate to church, 1 1 1 ;
number of tithables belonging
to, 554; referred to, 688

Jordan, Robert, i, 268, 517

Jordan's Journey, ii, 33

Jury, Thomas, i, 564

Jury trials, i, 550 et seq.

Justices of county court, i,
named by the Governor, 486,
487; how they were referred
to, 487, 488; how long their
commissions were valid, 488;
who they were, 488, 489; by
whom recommended, 490;
their number, 491-494; Coun-
cillors could serve with, 496-
499; oaths of, 499-501; num-
ber making up the quorum,
501; paid no salary, 502;
sometimes remunerated, 503,
504; length of term of, 504,
505; supervision of, 505-507;
maintain the dignity of their
court, 508-511; action when
insulted, 511, 512; frequency
of their meetings, 516; extra
sessions of, 517, 518; dates
on which they met, 519-521;
hour of meeting, 521; fines
for absences, 522, 523; the
court-houses in which they
met, 524-539; their legal
equipment, 554-560; proced-

670

Index

Justices — Continued

ure followed by, 555, 556;
libraries they had access to,
556-560; ii, their social in-
fluence, 617; general comment
on, 622, 623

Kae, Robert, 1, 342

Keeling, Adam, i, 448, 449, 527;

ii, 25
Keene, John, i, 439 _
Keeper of the Seal, ii, 396, 397
Keith, Rev. George, i, 177, 200,

252
Kellaway, William, i, 433
Kemp, ii, 449
Kemp, John, i, 412
Kemp, Matthew, i, 601; ii, 25,

578
Kemp, Richard, 1, 208, 209, 465,

589; ii, 356, 393, 399, 451, 505,

591, 592, 603
Kendall, George, 1, 107; ii, 124,

354. 355. 368, 369
Kendall, William, i, 433, 692;

ii. 54, 57
Kennedy, William, 1, 24
Kenner, Rodham, i, 601 ; ii, 25
K nnett, Martin, i, 431
Kennon, Richard, i, 419, 491;

ii, 45

Kent, Henry, i, 406

Key, Rev. Isaac, i, 127

Kidd, Captain, ii, 209, 210

Kiggin, Charles, i, 434

Kikotan, i. Rev. Mr. Mease
serves as clergyman at, 198;
provision for free education
in parish of, 351; ii, forts
created at, 127; guns at, in
1623, 131; Nicholson stops
at, 219; pirates imprisoned
at, 223; corporation of, 291;
Elizabeth City capital town
of, 292; bounds of corpora-
tion of, 292; deputy collector
appointed at, 593

King, John, ii, 26

King's Attorneys, i, 570

King's Creek, i, 629

King and Queen County, i, 285;

ii. 577
Kinsey, Charles, i, 287
Kippax, Rev. Peter, i, 203
Kitchen, Charles, i, 571

Knight, Peter, 1, 490; ii, 444
Knott, William, i, 517
Knowles, Rev. John, i, 254
Knox, John, i, 37

Lacey, William, ii, 26
Lafoe, James, i, 342
Lake, Francis, i, 415
Lambert, George, i, 270
Lambert, Thomas, i, 91; ii, 20,

571

Lancaster County, i, petition

of, as to Sabbath observance,
35; vacant pulpits in, in 1680,
124; Rev. Mr. Cole chosen
minister in, 133; provision
for education of children in,
303, 306; private tutor in,
329; provision for a free
school in, 358; owners of
books in, 407, 424, 425; Cap-
tain Hackett condemned in,
for sending a challenge, 466;
punishment in, for disrespect
to court, 514; divided origi-
nally by a river, 530; court-
house in, 532; law books
bought for court in, 557;
Sherwood appears before jus-
tices of, 574; members of
the bar of, 580; sheriffs of,
601; coroner in, 603; stocks
in, 627; jail in, 641; cost of
criminal trials in, 669; fine in
criminal trial in, 670; ii, mili-
tary quota required of, in 1686,
II, 12; militia officers in, 24;
allowances in levy of, 50, 51;
provision in, for Indian march,
85; levy in, for the Rangers,
121; warned of the presence
of pirates, 218; taxes collected
in, for support of the Gover-
nor, 346, 349; light thrown on
Secretary's salary in 1700 by
records of, 401; St. Leger
Codd chosen as Burgess for,
422 ; assessment in, for benefit
of the Burgess, 439, 441, 442,
445; levies in, 567, 568; Gov-
ernor Jeffreys complains of
judges of, 572, 573; quit-rents
of, farmed out, 578; value of
quit-rents in, 579
Land, Francis, i, 79, 4x5

Index

671

Langhorne, ii, no
Langley, Ralph, i, 27, 595
Lankfield, John, i, 24
La Paix, ship, ii, 219-223
Lash, The, i, 621-626
Laud, Archbishop, ii, 268
Lawne, Christopher, ii, 290
Lawne's Creek Parish, i, laid off,
55, 100; gift of plate to, in;
Rev. Mr. Parke preaches in
pulpit of, 190; ii, popular agi-
tation in, 544, estates in, 554
Lawne's Hundred, ii, 290
Lawrence, i: Rev. John, 181,
200, 415; Mary, 90; Richard,

675

Lawson, Anthony, ii, 25

Leake, Rebecca, ii, 204

Leake, William, i, 314

Lear, John, i, 382; ii, 24, 166,
167, 215, 511, 593

Leatherbury, i: Charles, 329;
Thomas, 231

LeBreton, Edward, i, 282

Lee, Hancock, i, 601, 644; ii, 25

Lee, Hugh, i, 357

Lee, John, i, 318, 534, 601; ii,
578

Lee, Richard, Jr., i, 318

Lee, Richard, Sr., i, educated
in England, 318; sons of,
educated in England, 318;
his culture, 443; court held at
home of, 535; member of
Oyer and Terminer Court,
673; Attorney-General, 688;
ii, commander of horse, 22;
officer of militia, 25; reports
presence of Indians on the
Potomac, 121; serves in the
Council, 365; refuses to take
the oath prescribed by Par-
liament, 371; petitions the
Board of Trade, 378; distance
of his home from Jamestown,
379; appointed Secretary of
State, 394; revisor of the Acts,
511; high social position of,
607; his influence, 610

Lee, William, ii, 45

Leete, Rev. William, i, 199

Legg, Edward, i, 680

Leigh, William, i, 579

Leightenhouse, Robert, 1, 332,
337

Lemman, Jane, i, 431

Lend, John, i, 243

Lenox, Duke of, ii, 393

Lester, Morris, i, 602

Lewis, i: John, 24; Richard,

342; Roger, 434; William,

241
Lewis, Peter, ii, 211
Libraries, i: Russell, 405;

Washington, 405; Pigott, 406;

Carter, 407, 424; Smith, 407;

Fitzhugh, 407, 422, 423;

Moseley, 413; Ball, 415; Sarah

Willoughby, 413, 414; Cocke,

416; Bridger, 417; Eppes, 418;

Farrar, 418; Randolph 419;

Mottram, 421; Annis, 422;

Wormeley, 425, 426; Colston,

426; Spicer, 426, 427; Wil-
loughby, 427; Hack, 432;

Parkes, 432; Hubbard, 435;

Newell, 436; Haddon, 437;

Underbill, 437; Sandford, 438;

Booth, 438, 439
Lieutenant-Governorship, ii,

301, 304, 306-308, 333, 580
Lightfoot, John, ii, 599
Ligon, i: Richard, 313; William,

510
Lindsay, i: Rev. David, 212,

279; Rev. John, 203
Linney, Arthur, ii, 53
Linsly, Adam, i, 547
Liquor Tax, ii, 581, 582
Little, John, i, 510
Littleton, Edward i, 300; ii, 39
Littleton, Nathaniel, ii, 20, 25,

.572
Littleton, Southey, i, 500, 559,

601
Lloyd, Cornelius, i, 100, 412,

691; ii, 20, 80, 84, 571
Lloyd, i: Edward, 257; Elizabeth,

31
Lloyd, John, i, 69; ii, 225
Lloyd, Thomas, ii, 25
Lloyd, William, i, 185; ii, 24,

44. 93

Lock, George, i, 411

London, i. Rev. Mr. Lawrence
owns property in, 181; Quaker
missionary from, 226; referred
to, 276, 394; apprentices from,
in Virginia, 314; Virginians
educated at schools in, 318,

672

Index

London — Continued

319; Macajah Perry repre-
sents Virginia in, 396; gazettes
from, 432 ; Virginian records in,
444, 448; ii, Culpeper .visits,
42; Howard visits, 165; pi-
rates sent to, 224; an opulent
merchant of, 242; Virginia
appoints commissioner in, 266;
Council for Virginia in, 316;
Quarter Courts in, 489; John
Pountis sets out for, 519;
duty on tobacco paid in, 586,

587
London, Ambrose, 1, 239
London, Bishop of, i, presents
books in the King's name
to Virginian churches, 112;
asked to fill vacant pulpits in
Virginia, 118; proposition to, to
secure clergymen for Virginia,
123; an appeal to, 124;
ordained most of the Virginian
clergy, 126; origin of juris-
diction of, in Virginia, 126;
represented by commissary,
128; condemns treatment of
clergyin Virginia, 137, 138;
Virginian clergyman required
to obtain certificate from,
218; licensed Virginian school-
masters, 334; advises Blair
about the College, 385; pre-
scribes rules for education of
Indian boys, 397
London Company, i, orders me-
morial for Mrs. Robinson,
97; its treasurer receives plate
for the Virginian College,
109; requests Bishop of Lon-
don to fill vacant pulpits in
Virginia, 119; orders Yeard-
ley to assure payment of
clergymen's salaries, 145;
provides tenants for glebes,
163; Puritanism in time of,
253; Indian school in time
of, 344-346; names the East
India School, 347; bestows
benefits on East India School,
348; interest taken by, in
Indian College, 362, 363, 369,
370; sends Thorpe to Virginia,
367; takes steps to preserve
the College after massacre

of 1622, 368, 369; influence
possessed by, in England,
374; chooses a committee to
select laws applicable to Vir-
ginia, 463; condemns pun-
ishment of Captain Brewster,
464; adopts a constitution
for Virginia, 476; establishes
monthly courts, 484; oppo-
sition to re-establishment of,
551; meetings of its Quarter
Courts, 655; ii, petitions the
King for armor, 32; private
armor in Virginia in time of,
53; borrows cannon, 128;
makes a contract for building
a fort, 129, 130; presents
petition to Parliament, 231;
how far objects of the, under
first charter, secured, 236;
how far political influences
after 1609 affected the work-
ing of the, 237; powers of
its officials, 240; its member-
ship after 1609, 241; receives
vast territory, 242; the King
jealous of, 245; a General As-
sembly called by, in Virginia,
246; codifies laws for Virginia,
247, 248; patent recalled, 251;
seeks to recover its patent in
1631, 259; relations of, to
Martin's Hundred, 293; elects
De la Warr Governor, 301 ;
appoints De la Warr Gover-
nor for life, 310; reports on
condition of the Colony re-
quired by, 329; sends tenants
to Virginia, 341; confers spe-
cial powers on the heads of
plantations, 405; officers of,
chosen by ballot box, 418;
taxation in time of, 522, 523;
head of, known as Treasurer,
602

Lonegan, William, i, 623

Long, i: Arthur, 632; Elizabeth,
310; John, 417; Peter, 22

Lonsdale, Rev. Peter, i, 162

Love, James, i, 406

Loveless, Roger, ii, 286

Loving, Thomas, i, 434; ii, 382

Lower Norfolk County, i, citi-
zens of, indicted, 33; bastardy
in, 46, 48, 49; its vestries

Index

673

Lower Norfolk County — Confd.
meet, 7 1 ; tax levy of, disputed,
76; churchwardens appointed
in, 79; parish dues collected
in, 93; church erected in, 99;
cost of repairing a church in,
107; Rev. Mr. Harrison chosen
minister in, 132; Rev. Mr.
Calvert chosen minister in,
133; salary of a clergyman in,
154; Rev. Mr. Harrison
leaves, 166; Quaker conven-
ticles in, ordered to be sup-
pressed, 231 ; arrest of Quakers
in, 235, 236; Quakers fined in,
238, 239; Rev. Mr. Harrison
holds living in, 255; a Roman-
ist priest summoned before
justices of, 267; charges of
witchcraft in, 279, 281, 282;
testamentary provisions in,
for education of children, 298,
300-302, 304; provisions for
education of orphans and
apprentices in, 311-313;
young men from, educated
in England, 318; provision
for free education in, 357;
owners of books in, 404, 405,
408, 411-415; terms of its
justices, 488; justices ap-
pointed in, 491; scene in
court-house of, 510; punish-
ment for disrespect to justices
of' 513- 514; admiralty case
in, 518; court-houses in, 524-
526; its course toward pau-
pers, 544; jury trials in, 553;
law books bought for its
county court, 557; citizens of,
prosecuted, 570; serious of-
fencescommitted in, 598; sher-
iffs of, 601; precincts of, 602;
presentation by grand jury
of, 605, 607; use of the lash
in, 622-624; presentment for
slander in, 631; jails in, 639;
prison charges in, 645; trial
costs in, 669; its justices
request intrepretation of a
will, 681; ii, military quota
required of, in 1686, ii; com-
mander of, required to su-
pervise the building of a
church, 18; ofl&cers of, in 1652,

appointed by court, 20; Brid-
ger commands militia in, 22;
militia officers in, 23; colonels
in, 24; allowances for powder
in levy of, 50; Philip Felgate
dies in, 53; requires smiths to
fix all arms, 57; military
equipment paid for by citizens
of, 81 ; provision by, for Indian
marches, 82, 83, 85, 86, 93;
levy in, for the Rangers, 121;
mechanics impressed in, 147;
seeks permission to erect a
fort, 159-161; division of,
considered, 295 ; subdivided in-
to Norfolk and Princess Anne
counties, 297; assessments in,
for support of the Governor,
347; number of Burgesses
from, 428; assessment in,
for benefit of the Burgess,
436, 437. 438, 442; general
assessments in, 536; lists of
tithables in, 550; justices
draw up lists of tithables in,
552; levies in, 567, 568;
duty of sheriff in, to collect
taxes, 570; in 1643, special
commissioner appointed in,
to collect taxes, 571, 572;
quit-rents of, farmed out,
578; value of quit-rents in,

579

Lowther, Gerard, i, 583

Lucas, i: John, 272; Thomas,
88, 108; William, 79

Ludlow, Thomas, i, 434

Ludwell, Philip, i, contributes
to the erection of Bruton
church, 103; his gift to the
College, 395; reference to,
637; ii, officer of militia, 25;
accuses Howard, 165; ad-
ministers oath to Nicholson
as Governor, 314; Green
Spring leased to, 336; ap-
pointed Secretary of the Col-
ony, 394; fails to fight a duel,
448; contracts to build a
State-House, 456, 457; re-
visor of the Acts, 510

Ludwell, Thomas, i, contributes
to church at Middle Planta-
tion, 103; letter to Lord
Arlington, 124; letter about

674

Index

Ludwell, Thomas — Continued
ordained clergymen, 126; dec-
laration as to clergymen,
152; statement as to Quakers,
215; appoints Hill, clerk, 589;
letter to Lord Arlington about
the General Court, 660; de-
scribes procedure in the
General Court, 664; ii, objects
to building new fort at Point
Comfort, 146, 148; reports
on the Virginia flotilla, 179;
sent to York by Berkeley,
196; member of commission
to procure charter from the
King, 281; states what was
Bacon's purpose in the rebel-
lion, 281, 282; supports royal
cause, 394; propounds the
basis of a new charter, 504;
sent to England for a new
charter, 520, 530, 532; Treas-
urer of the Colony, 604;
influence enjoyed by, 610

Luke, John, i, 555, 577

Lyddall, ii, George, 12, 93, 112;
John, 24

Lylly, Stephen, i, 337

Lynnhaven, i, court held at,
524; court-house at, 526, 527

Lynnhaven Bay, ii, 3, 211, 218,
219, 221-223, 390

Lynnhaven Parish, i, vestry of,
meets in 1662, 71; its vestry
instructed, 74; its church-
wardens in 1647, 80; provi-
sion by, for an orphan, 86; gift
of plate to, no; its clergyman
in 1658, 172

Lynnhaven Parish church, i, 51

Lynnhaven River, i, 100

Macaulay, Lord, i, 117, 118, 442,

456 ..
Mace, ii, 463

Machodick Parish, i, 102, 167
Mackemie, Rev. Francis, i, 262
Mackic, Rev. Josias, i, 263, 273
Macklannie, i, 340, 341
Macmyal, Hugh, i, 340
Macon, i, 655; ii, 456
Maddox, Mary, i, 250
Madison, Isaac, ii, 79, 289
Magistrate's Court, i, jurisdic-
tion fixed in 1642, 478; objects

of, 479; jurisdiction extended
to criminal cases, 480, 481;
dignity of court maintained,
481, 482
Makcnny, Alexander, i, 224 i
Mallory, Rev. Philip, i, sent
to England to obtain clergy-
men, 123; preaches before
General Assembly, 162; his
antecedents, 201 ; confers with
Quakers, 229; denounced by a
Quaker, 233; preaches on the
restoration of Charles the
Second, 279
Mallory, William, i, 70
Malyn, Isaac, i, 439
Manchester, Earl of, ii, 269
Manning, Francis, i, 52
Margaret and John, ship, i, 629
Markets, i, 99
Markham, i: James, 631; Lewis,

Marriage service, i, 159, 160,
161, 219

Marshall, ii, 64, 304

Marshall, i: John, 401; William,
439, 686

Marshall, Roger, ii, loi

Marston Parish, i, established,
57; church in, in 1658, 104;
church in, filled by Rev. Mr.
Godwyn, 200

Martial law, i, 472-475

Martin, Nicholas, i, 529

Martin, John, ii, 288, 292, 293,
300, 368

Martin's Brandon, i, 107

Martin's Brandon Parish, i, gift
to, by John Sadler, 167; its
parsonage, 170

Martin's Hundred, i, 345; ii, 33,
98, 132, 293, 427

Mary, Queen, ii, 235

Maryland, i, Rev. Mr. Law-
rence preaches in, 181; col-
lection of debts in, 184;
Quakers seek refuge in, 226;
emigration of Puritans to,
259; Papists of, supposed to be
conspiring, 269; Virginians'
view of Papists affected by
proximity of, 275; Nicholson
Governor of, 337; reference to,
624; ii, warrant delivered in,
182; ship Roanoke sails for,

Index

675

Maryland — Continued

214; news of pirates sent to,
218; patent to, 260-262; An-
dros visits, 309; Roman Cath-
olics settle in, 355; docu-
ments for Governor of, 388;
Claiborne resists authorities
of, 393; servants take refuge
in, 516; messages dispatched
to, 528; how exportation of
tobacco from increased, 585;
income from tax on tobacco
exported from, to other colo-
nies, 588; English revenue
derived from tobacco ex-
ported from, 590

Mary's Mount, i, 351

Mason, ii: Francis, 554; Mary,

455

Mason, George, i, 283, 601; ii,
25, 108

Mason, Lemuel, i, 491, 517; ii,
22, 24, 219, 571

Massachusetts, see New Eng-
land

Massacre of 1622, i, 15, 97, 346,
349, 368; ii, 3, 31, 34, 72, 131,

523
Massacre of 1644, i, 8, 15, 150,

255; ii,.3. 381
Massy, Sigismond, i, 583
Mather, Cotton, i, 255
Mathew, Thomas, i, 698; ii, 420
Mathews, i: Francis, 436, 560;

Henry, 644
Mathews, John, ii, 163
Mathews Manor, ii, 192
Mathews, Samuel, i, 444, 674;

ii, 79, 80, 98, 137, 355-357.

490, 610
Mathews, Samuel, Jr., i, 211
Mattaponi River, ii, 102, 109,

no, 112
Matts, John, i, 329, 330
Maycock, Rev. Samuel, i, 199
Mays, Tristram, i, 415
McCarty, Denis, i, 581
McKeel, i, 677; ii, 180
Meadows, Sir Philip, i, 137
Meares, Thomas, i, 258
Mechanics, i, 404; ii, 160
Meese, Rev. Mr., i, 198, 199
Menefie, George, i, 364, 674; ii,

36, 140, 356, 357, 451
Merchant, Roger, i, 602

Merchants, 1, 518; ii, 157-159,

587

Merchant's Hope, i, 167

Meredith, John, i, 266, 272; ii,
50

Meriwether, Francis, i, 558; ii,
26, 554

Merryman, i, 532

Messenger, ii, 387, 474, 475

Metcalf, Richard, i, 625

Michael, i: John, 405; Roger,
480; William, 576

Middle Plantation, i, new church
at, 103, 107; church at, built
of brick, 106; salary of clergy-
man at, 153; chosen as site
of the College, 392; ii, public
magazine at, 41 ; ship stores
sent to, 180; General Assembly
convenes at, 455; chosen as
site of new capital, 458-461

Middle Plantation on James
River, ii, 100

Middlesex County, i, provides
for poor, 88; Rosegill in, 318;
young men from, educated in
England, 318, 321; provision
for free schools in, 358; owners
of books in, 425; warrant of
hue and cry issued in, 481;
judges of, provide for their
own remuneration, 503; court-
house in, 533; citizens of,
prosecuted, 570; lawyers
practising in, 579; sheriffs of,
601; coroner in, 603; jail in,
641; negro tried in, 673; ii,
military quota required of,
II; militia officers in, 24;
obtains arms from England,
39, 40; imports military
equipment, 44; bullets im-
pressed in, 51; provision by,
for Indian march, 90, 92, 106;
pirates imprisoned in, 204;
warned of pirates' presence,
218; celebrates birth of Prince
of Wales, 285; fined for neg-
lecting to elect a Burgess,
430; assessment for benefit
of Burgesses of, 443; people
of, allowed to pass by-laws,
516; levies in, 567, 568; taxes
collected in, 572

Middle Temple, i, 321

676

Index

Mkklleton Parish, i, 26, 78

Mildmay, Sir Henry, ii, 253

Miles, i, Adam, 436; David, 424

Military Association, ii, 82 et
seq.

Militia, 11, the age of enlistment
for, 4; who required to serve,
5-9; how those fit for service
ascertained, 9; number of,
9, 10; wages of, 12-14; the
commander of, 15-19; com-
missioners of, 20, 21, 22;
officers of, 23-25; comman-
der-in-chief of, 27-29; prepa-
ration for military service,
61 et seq.; participation in
Indian marches, 78-95; gen-
eral comment on system of,
626-628

Millby, John, ii, 543, 544

Miller, Nicholas, i, 342

Milner, John, ii, 24

Milner, Thomas, i, 382, 383; ii,
358, 470

Mmor, John, 1, 535

Missionaries, i, 225-227, 230

Mobjack Bay, ii, 218

Mode, Giles, i, 433

Monagan, Robert, i, 311

Monday, Thomas, i, 642

Money, Phyllis, i, 284

Monger, i, 341

Mongom, Philip, i, 509

Monmouth's Rebellion, ii, 284,

527
Monro, i. Rev. Andrew, 200;

Rev. John, 142, 200
Monroe, James, i, 401
Montague, Peter, i, 134; ii, 439
Monthly Court, see Justices of

County Court, County Court
Montone, John, i, 267
Moon, John, i, 26, 357
Moore, i : Hannah, 88 ; James, 436
Moore, ii: Gilbert, 215; Thomas,

215

More, i: James, 41; John, 406
Moreau, Nicholas, i, 123, 125
Morgan, i: Evan, 428; Rowland,

39
Morris, i: Eleanor, 285; George,

434

Morryson, Charles, i, 24
Morryson, Francis, i, attacks
Rev. Mr. Godwyn, 136;

ii, commands the fort at
Point Comfort, 140, 144; mem-
ber of committee to obtain
charter, 281; becomes Lieu-
tenant-Governor, 307; slan-
dered, 354; condemns the
exorbitant charges of James-
town innkeepers, 442; con-
tention with Burgesses in
1677, 495, 496; propounds
the basis of a new charter,
504; sent to England to ob-
tain new charter, 520, 530, 532
Morryson, Richard, ii, 140, 142,

347
Mortimer, George, i, 406
Morton, Andrew, ii, 90
Moseley, Susan, i, 444
Moseley, William, i, gives direc-
tions for education of his
children, 305; his collection of
books, 413; his death referred
to, 491; ii, officer of militia,
25; receives allowance for
powder, 50
Moseley, William, of Essex

county, i, 531
Motherhead, Samuel, i, 324
Mottram, John.i, 421, 559; ii, 25
Moundfort, Thomas, i, 72
Mulberry Island, i, 178; ii, 33
Mulberry Island Parish, i, 27
Mullikin, i, 398
Muse, Henry, ii, 154
Musket, i, 23; ii, 38 et seq.
Muster-General, ii, 64, 323

Nansemond County, i, vacant
pulpits in, 1680, 124; land
deeded to, by Hugh Campbell,
191; Quakers of, indicted,
241; missionary Quakers ac-
tive in, 241; seat of a Puri-
tan settlement, 253; petition
of Hugh Campbell about
remote inhabitants of, 333,
336; records of, 440; signa-
tures to grievances of, in
1676, 459; cost of criminal
trials in, 670; piracy in, 677;
ii, military quota required of,
in 1686, 11; Bridger com-
mands militia in, 22; militia
officers in, 23; colonels in, 24;
regulars billeted in, in 1677,

Index

677

Nansemond County — Continued
41; part of a military district,
93; mechanics impressed in,
147; troops in, held in readi-
ness, 166; boundaries laid off,
295; origin of its name, 299;
quit-rents of, farmed out, 578;
value of quit-rents in, 579
Nansemond Fort, ii, 49, 166, 167,

169, 172, 173
Nansemond Indians, ii, 79
Nansemond River, i, 178; ii, 103,

150, 202, 219, 288
Nanticokes, i, 269; ii, 80
Nash, i: Eleanor, 312; William,

422
Nassawaddox, i, 232, 245
Nassawaddox Creek, i, 171
Naval officers, ii, 596, 597
Navigation Acts, i, 689, 698-
700, 703, 704; ii, 180, 186,
190, 262, 361, 594
Neal, Thomas, ii, 324
Neale, i, 282, 314; ii, 15, 43.
Neck of Land, ii, 33, 427
Neech, Daniel, i, 85
Negroes, i, education of, 9;
immoral women among, 49;
bastardy among, 83; owned
by Rev. Rowland Jones, 181;
bequest of, by Rev. Thomas
Teakle, 182; one killed by
flogging, 213; reference to, 243,
298; educating individuals
among, 301, 305; attached
to Eaton free school, 354;
negro criminal hanged, 616;
insurrection ^mqng^ 625;
mutilationof, 629; plot among,
in Westmoreland county,
672; murders by, 673; rape
by, 679; ii, rnili±ai:y_.aer,vice
not_re%«4*e4.^f, 5, 6; misgiv-
ings about, in 1673, 199, 200;
attachment against, 447;
taxation of, 458, 546, 547;
tithables among, 548-550;
exe«t^7fee4-.£rora-ta*atiQii, 564;
socia4-iaflii£aifi£_Qfj^i5, 616
Nelson, Prevost, i, 304 '^
Nethersole, Sir Thomas, ii, 253
Newce, William, i, 593; ii, 15
Newell, i: John, 301; Jonathan,

436
New England, i, land in, held

by Virginians, 179; William
Robinson hanged in, 227;
laws in, against Quakers, 231;
asked to send ministers to
Virginia, 254; Rev. Thomas
Harrison visits, 256; status
of Puritans in, as compared
with status in Virginia, 260;
belief in, in witchcraft, 278;
referred to, 372; ii, messenger
dispatched to, 75; disloyalty
of, 281; tobacco shipped to,
588; Virginia differed from,
605 et seq.

Newfoundland, i, 649

Newhouse, Thomas, i, 277

New Kent County, i, organized,
57; no pulpit in, vacant in
1680, 124; records of, 440;
signatures to grievances of,
in 1676, 459; divided by a
river, 530; sheriffs of, 601; ii,
military quota required of , 1 1 ;
militia officers in, 23, 24;
muster in, 28; rumor in, about
Indian uprising, 75; Ran-
gers furnished by, 115 e< seq.;
originally had no western
boundaries, 297; quit-rents
of, farmed out, 578; value of
quit-rents in, 579

New London, i, 179

Newman, i, 341

Newport, Captain, i, 95, 651;
ii, 301, 368, 404_

Newport's News, i, 163; ii, 33,

131
Newton, i: Francis, 372; George,

601; John, 518, 583
New York, i, 400; ii, 75, 209,

308, 388, 528, 587
Nicholls, William, i, 421
Nicholson, Governor, i, favors
education of Indians, 9; proc-
lamation respecting Sabbath
observance, 35; contributes to
erection of church in Lower
Norfolk county, 103; seeks
to obtain clergymen from
England, 124; enumerates
clergy in 1700, 125; informs
the parishes of the com-
missary's proposed visita-
tion, 128; controversy with
Rev. Mr. Blair, 129; im-

678

Index

Nicholson, Governor — Contimied
powered to collate to benefices,
131; instructions about the
clergy in 1698, 137; accepts
Captain Hugh Campbell's
offer, 191; authorized to
remove clergymen, 204; pro-
nounces the Virginia people
faithful to the Anglican
church, 218; proclamation, in
1691, warning Quakers, 248;
attitude toward dissenters,
262; inserts clause about
witchcraft in commission of
county justices, 283; in-
structions about schoolmas-
ters, 334; proposes to convert
old Jamestown court-house
into a schoolhouse, 335; in-
terested in the welfare of the
schools, 335; contributes his
fees towards remuneration
of teachers, 336; consigns his
Yorktown lot to the use of a
schoolmaster, 337; revives
design of the College, 381;
warrant for College's benefit
made payable to, 391 ; interest
in Indian education at the
College, 397; congratulates
the Burgesses on the opening
of the College, 399; urges
removal of the capital to
Williamsburg, 400; procla-
mation by, in 1690, 486;
prescribes term of the county
court, 517; contributes to the
erection of a court-house at
Yorktown, 529; his procla-
mation in 1691, 543; his
proclamation respecting at-
torneys, 568; refers to meeting
of Burgesses, 655; encourages
formality in legal procedure,
664; letter by, respecting the
Court of Admiralty, 701; ii,
proposes that the servants
shall bear arms, 6, 7; military
activity of, 28, 29; saves the
powder, 49; inquires into the
condition of the forts, 167,
168; orders the return of the
munitions, 170; order about
Tyndall Point guns, 171;
asks for a fireship, 183;

authorizes the impressment
of seamen, 187, 188; his efforts
to suppress the pirates, 208-
226; appointed Lieutenant-
Governor, 307; his salary as
such, 308; inauguration of, as
Governor, 313, 314; describes
his own administration, 321;
serves first as Lieutenant-
Governor, 333; fails to induce
the Burgesses to build a
residence for the Governor,
338, 339; grant to, 350; im-
powered to fill vacancies in
his Council, 371; refers to the
distance the Council ors had
to travel, 379; instructed to
require the Councillors to
obey court summons, 384;
visits different parts of the
Colony, 390; refers to de-
struction of the State-House,
456; prefers Middle Planta-
tion as site of the capital,
459; urges the Assembly in
1699 to elect a Speaker, 470;
submits his Instructions to
the General Assembly, 498;
orders persons criticising laws
of Virginia in a contemptuous
spirit to be indicted, 502;
address before the Assembly
on the revision of the laws,
512; seeks right to tax with-
out intervention of Burgesses,
530; instructed to abolish the
poll tax, 546; ordered to
appoint no one collector who
was engaged in trade, 595;
urges a consolidation of offices
in Colony, 601

Nomini, ii, 389

Norfolk County, i, land deeded
to, by Captain Hugh Camp-
bell, 191 ; Presbyterians obtain
a foothold in, 262, 263; Camp-
bell's petition respecting re-
mote inhabitants of, 333, 336;
ii, appoints a patrol against
pirates, 214; had no western
boundaries at first, 297

North, Richard, i, 594

Northampton County, i, punish-
ment for adultery committed
in, 48; for bastardy in, 49;

Index

679

Northampton County — Cont'd
for slander in, 52; divided
into parishes, 56; substituted
as a name for Accomac, 56;
election of a vestry in, 69;
depositions relating to a
vestry in, 73; churchwardens
in, 80; Rev. Mr. Doughty
chosen minister in, 133; finds
it difficult to support two
clergymen, 151; a Quaker
witness in, 179; William
Robinson arrested in, in 1657,
220; action of the justices of,
in 1660, respecting a Quaker,
231; lenient treatment of
Quakers in, 232; Quakers in,
decline to swear in court, 241;
a Quaker meeting house in,
245; a case of witchcraft in,
280; stroking the dead in,
289; instances in, of provision
by will for education of
children, 298, 300-306; in-
stances in, of provision by
court for education of orphans
and apprentices, 310, 313;
a young man from, educated
in England, 319, 320, 322;
private tutors in, 324-326;
owners of books in, 405, 406,
408, 430-433; justices of,
sworn in, 500 ; a violent scene in
courtroom of, 509; justices of,
aspersed, 511; punishment in,
for indignity to county court,
513, 514; terms of its court,
520, 521; order of its court
respecting justices' absences,
522; court-housein, 536, 537;
King's attorney in, 570; law-
yers in, 576, 577; a sheriff
for, appointed in 1669, 596;
sheriffs of, 601 ; coroner of, 603 ;
punishment for adultery in,
621 ; its grand jury abused, 622;
whipping post in, 627; duck-
ing stool in, 630; punish-
ment for slander in, 631; jail
in, 643; prison charges in, 646;
negro murderer in, 673; juris-
diction of county court in,
683; appeals from, 692; ii,
military quota required of,
in 1686, 11; epidemic of

small-pox in, 17; militia of,
reviewed by Nicholson, 29;
impresses private arms, 50;
Captain Ingle in, 54; a promi-
nent citizen of, 59; provision
by, for Indian marches, 82;
sets a watch against pirates,
214-216; Secretary's lands in,
leased, 400; where Burgesses
were elected in, 418; how
Burgesses were chosen in, in
1642, 419; number of Bur-
gesses from, 428; people of,
allowed to pass by-laws, 515,
516; agitation of taxation in,
543; number of tithables in,
555; taxes collected in, by
sheriff, 571; quit-rents of,
farmed out, 578; value of
quit-rents in, 579
Northern Neck, i, 43, 203; panic
in, in 1688, 270; Brent serves
as Ranger-General of, 273;
private tutors in, 324; owners
of books residing in, 421 et
seq.; fine for disrespect to
judges in, 514; negro plot in,
672; ii, murders by Indians
in, 86; assessments in, for
Burgesses' expenses, 439; its
restoration to the Colony
sought by the Assembly, 521;
tax for purchase of, 565;
Culpeper retains the quit-
rents of, 580
North Farnham Parish, i, 68, 90
Northumberland County, i, va-
cant pulpits in, in 1680, 124;
John Montone a resident of,
267; instances of evil powers
occurring in, 282; private
tutors in, 324; justices of,
approve petition for a free
school, 357; owners of books
residing in, 408, 421, 422; the
court-house in, 535; sheriffs
of, 601; a hanging in, 616;
criminal charges in, 670; ii,
military quota required of,
in 1686, 11; Richard Lee com-
mands militia in, 22; imports
military articles from Eng-
land, 45; provision by, for
Indian march, 85, 89, 92;
provision by, for Potomac

68o

Index

Northumberland County — Con'd
garrison, 107; warned of pi-
rates' presence, 218; St. Leger
Codd chosen as Burgess for,
422; assessment in, for benefit
of the Burgess, 444; people
of, allowed to pass by-laws,
516; levy in, 539; levies in,
567, 568; quit-rents of, farmed
out, 578; value of quit-rents

in, 579
Norwood, Henry, ii, 576, 604
Norwood, John, i, 166
Nottingham, William, ii, 55
Nuthead, William, i, 402
Nutmeg Quarter, i, 58
Nuttall, John, ii, 50

Oaths of office, i, 500, 501
Occaquan River, ii, 118
Opechancanough, i, 8
Orchard, James, i, 536, 643
Orchards, i, 619
Orphans, i, 85, 86, 546
Orphans' Court, i, 546
Osborne, Thomas, i, 368 ; ii, 35, 56
Overzee, Simon, i, no
Owen, i, Bartholomew, 32;

Hugh, 575.. 576
Owen, Evan, ii, 563
Owens, Thomas, i, 235
Oxford University, i, 318
Oyer and Terminer, writ of, i,

476, 666, 671-673, 677, 705

Pace's Paines, ii, 33

Page, Alice, i, in

Page, Francis, i, 304, 566; ii, 25

Page, John, i, subscribes to
fund for erecting church at
Middle Plantation, 103; owns
pew in Bruton church, 107;
trustee of William and Mary
College, 382, 383; his culture,
443; buys law books for York
county, 557; practises law in
York county, 575; serves as
sheriff, 601; ii, officer of
militia, 24; reports deficiency
in arms, 38; custodian of
munitions, 43; sued, 163; in-
spects the Jamestown fort,
167; revisor of the Acts, 510

Page, Matthew, ii, 25, 174

Page, Stephen, i, 434

Paine, Elizabeth, i, 85

Palmer, i: Edward, 372; John,
372, 428; Samuel, 270, 271

Palmer, Thomas, ii, 172

Pamunkey Neck, i, petition of
its inhabitants, 57; referred
to, 387, 388; lands in, leased
by College, 396

Pamunkey Indians, ii, 80, 81

Pamunkey River, ii, 118,

Pannewell, John, i, 24

Pannill, i, 24, 680

Panton, Rev. Anthony, i, 208,
209, 465; ii, 393

Papists, see Roman Catholics

Parish Court, i, 482

Parishes, i, when first estab-
lished, 55; howestablished, 55,
56, 58; division of, 57; union
of, 58; disappearance of, 59;
number of, in 1661, 60; pro-
tected from expense in cases
of bastardy, 83, 84; provide
for orphans, 85; for the poor,
87-90; collections for ex-
penses of, 91; sheriffs collect
dues of, 92, 93; inhabitants
of each required to build a
church, 98, loi; contract for
same, 104, 105; material
entering into parish church,
106; purchase of plate for,
112; vacant pulpits in im-
poverished, 152; amount paid
in each to its clergyman in
1666, 152; glebes attached to,
163-165; gifts of land for
glebes, 166, 167; condition
of glebes in 1695, 168, 169;
all christenings, burials, and
marriages in, required to be
reported, 186; their area as
compared with that of Eng-
lish parishes, 192, 193; Quak-
ers required to pay parish
dues after Act of Toleration,
246; status of, during Pro-
tectorate, 258; ii, represented
in the Assembly, 429, 430;
allowed to pass by-laws, 515,
517; levy for benefit of, 534

Parke, Daniel, i, sells brick for
College building, 394; member
of York county bar, 575;
serves as sheriff, 601

Index

68 1

Parke, Daniel, Jr., ii, 6ll
Parke, Rev. Robert, i, owns
a grist-mill, i8o; controversy
with Rev. Mr. Thompson,
190; referred to, 200; illiteracy
of wife of, 456
Parker, i: George, 319; John,

579 ^, . .

Parkes, Charles, 1, 24, 432; u,

59
Parkes, i: Rev. Henry, 200;

Thomas, 600
Parkes, John, ii, 26
Parks, Thomas, ii, 386
Parliament, ii, 230-237, 249,

261, 262, 274-277, 314, 352,

365, 406, 432, 477, 478, 486,

501, 524
Parramore, Francis, 1, 20
Parrott, see Perrott
Parry, William, i, 365
Parsonage, i, the first erected in

Virginia, 170; a typical, 170
Paspeheigh, ii, 33, 341
Passenger, William, ii, 188, 218,

221, 222
Patrick, Judith, i, 245
Patuxent, i, 232
Pawlett, Rev. Robert, i, 200
Payne, John, ii, 90
Payne, William, i, 583
Peachey, i: Robert, 672; Samuel,

90
Peacock, i, 299
Peasley, Henry, i, 358
Peatle, John, i, 332
Pedinton, Henry, i, 431
Pell, William, i, 312
Pemberton, Rev. Mr., i, 200
Pembroke, Lord, ii, 270, 393
Penley, William, i, 431
Pennsylvania, i, 247, 248, 400;

"• 528
Pennsylvania, ship, ii, 221
Pensions, ii, 81

Percy, George, ii, 126, 312, 340
Perkins, Rev. Mr., i, works of,
presented to the Indian Col-
lege, 365
Perkins, Rev. Thomas, 1, his
books, 174, 428; his personal
estate, 180
Perkins, Susannah, i, 439
Perrin, Sebastian, i, 304
Perrott, Henry, i, 319, 568

Perrott, Richard, ii, 465
Perry, ii: John, 75; William, 137
Perry, Macajah, i, 396
Perry and Lane, i, 394, 395
Persey's Hundred, ii, 33; see

Pierce's Hundred
Peters, i, 596; ii, 173
Petersburg, ii, 100
Pettit, Francis, i, 304
Peyton, i: Roi)ert, 579; Valen-
tine, 583
Pheters, Daniel, i, 342
Philip, John, i, 532
Phillips, i: James, 184; Law-
rence, 72, 210; Matthew, 622
Phillips, John, ii, 90
Physicians, i, 90
Pierce, Abraham, ii, 133
Pierce's Hundred, ii, 133
Pierce's Plantation, i, 363
Pierce, William, i, 674; ii, 24,

79, 133. 352, 357
Pigott, i: Francis, 303, 406, 491,
577; John, 412, 508; Sarah,

304

Pike, Henry, u, 285

Pilgrim Fathers, i, 253

Pillory, i, 628

Pinkard, John, i, 424

Piracy, i, 676, 677; ii, 3, 203-
226

Piscataway, King of, ii, 75

Pitman, John, i, 479

Pitt, ii: John, 24; William, 532

Pitts, ii, 544

Pitts, i: John, 287; Thomas, 417

Plantation Creek, i, 47

Plant-cutters, i, 632, 675, 676;
ii, 320

Plate, i, 109-III

Piatt, i, 313

Pleasants, John, i, indicted as a
Quaker, 242; bequeaths slaves,
243; devises a site for a
Quaker meeting-house, 245;
reports number of Quaker
meeting-houses, 249; appears
in court as a suitor, 508; ii,
petitions for military exemp-
tion, 9

Plymouth, ii, 343

Pocahontas, i, her conversion,
7; rescues Smith, 651; ii,
her association with names of
counties, 299

682

Index

Point Comfort, ii, 126, 135 et
seq., 151, 190, 305, 313, 314.
See Fort Point Comfort.

Pooley, Rev.Greville, i, preaches
before Dale, 11; his estate,
177; fills pulpit at Fleur-de-
Hundred, 199

Poor, The, i, gifts to, 26; provi-
sion for, by churchwardens,
87; liberal treatment of, 88,89

Pope, John, 1,47 _

Pope, Nathaniel, i, 324; ii, 21

Poquoson Parish, i, drunken-
ness in, 40; new church for,
projected,. 103; grant of land
for church of, 104; Jonathan
Davis officiates in, 127; con-
tingent gift of glebe to, 166;
Rev. Mr. Wright rector of,
184

Poquoson River, i, 351, 353

Porge, Jane, i, 421

Porter, i: Rev. James, 153, 200,
681; John, 238, 240, 491;
John, Jr., 510, 511; Peter, 100,
148; William,_ 559

Porter, Robert, i, 415; ii, 563

Pory, ii, 251, 311, 392

Potomac Fort, ii, 102 et seq., 539

Potomac River, ii, 76, 93, 102,
107, 109, 150, 154, 167, 218,

Pott, Francis, 1, aids m deposmg
Harvey, 674; commands the
fort at Point Comfort, 138
Pott, John, i, 55o;_ ii, 267, 356
Potter, Cuthbert, i, 631; ii, 164
Pountis, John, ii, 519
Povey, John, i, 689; ii, 521
Powder, ii, 32, 33 et seq., 46 et seq.
Powell, i: John, 210; Mary, 211
Powell, Major, ii, 195, 196
Power, Henry, i, 438
Powers, John, i, 439
Powis, Rev. Robert, i, his books,
173; his estate, 178; serves
without remuneration, I79;de-
fendant in a suit, 185
Powis, Robert, Jr., i, 179
Poythress, Francis, ii, 84
Presbyterians, i, 262, 263
Prescott, Edward, ii, 448
President of the Council, ii, 387,

403
Press, Bridgett, i, 88

Pressly, Peter, ii, 444

Preston, Richard, ii, 83

Pretty, Rev. Henry, i, 200

Price, i: Rev. Daniel, 5; Rich-
ard, 512

Princess Anne County, i, pro-
fanity in, 44; old brick church
in, 106; casesof imputed witch-
craft in, 286, 287; testamen-
tary provision in, for educa-
tion of children, 305; owners
of books residing in, 416;
court-houses in, 526, 527; a
lawyer of, 575; jails in, 641;
ii, appoints a patrol against
pirates, 214; pirates hanged in,
224; its origin, 297; why so
named, 299

Printing-press, i, 402, 403

Prisons, i, to be erected in each
county, 633, 634; frailty of,
635; in York county, 638;
in Lower Norfolk county,
640; in Princess Anne and
Middlesex counties, 641; in
Lancaster and Rappahan-
nock, 641, 642; in Richmond
and Westmoreland, 643; on
the Eastern Shore, 643, 644;
prison charges, 645, 646

Pritchard, i: Francis, 358; Rob-
ert, 34

Privateers, ii, 207, 208

Privy Chamber, i, 367

Privy Council i, receives letter
about Virginia clergy, 119;
investigates charges against
Rev. Mr. Panton, 209; solici-
tude of, about Anglican forms
in Virginia, 216; orders proc-
lamation to be made of
Declaration of Freedom of
Conscience, 244; besought
to exclude Papists from Vir-
ginia, 265; referred to, 694;
ii, Harvey writes to, 72 ; Wyatt
writes to, 79; General Assem-
bly suggests a great palisade
to, 98; complains about the
condition of the forts in Vir-
ginia, 131; urged by Wyatt
to require the erection of
forts, 132; orders the restora-
tion of the fort at Point Com-
fort, 136, 146; defines the

Index

683

Privy Council — Continued

manner in which the fort
duties shall be paid, 144;
report to, in 1623, relative to
the London Company, 250;
supreme in authority over
Virginia, 256; relations to the
Colony, 267-273; General
Assembly protests to, about
Governor's term, 310; orders
from, to Governor, 316; ad-
dress to, by Burgesses in
1 63 1 , 342 ; compliant to Berke-
ley, 348; choice of Councillors
had to he approved by, 369;
nominations of Councillors
now to be reported to, 371;
Howard complains to, 497;
Harvey makes a suggestion to,
503; copies of laws sent to,
505; receives a .petition from
Chichely, 576

Probate Court, i, 547

Processioning, i, 606

Proctor, George, i, 418

Profanity, i, early laws relating
to, 42; prevalence of, in
Henrico County, 42-44; in
other counties, 43, 44

Protectorate, the, i, 490, 492;
ii, 262, 302, 311, 346, 352,
394, 429, 468, 490, 491, 492,
541.562

Provost Marshal, 1, 592-594

Pryor, William, i, 529

Puckett, William, ii, 96

Pungoteaque, ii, 194

Punishments, i, more lenient
in Virginia than in England,
611-615; by the gallows, 616-
618; by fines, 619; by the
lash, 621-626; by the whip-
ping post, 626; by the stocks,
627; by the pillory, 628; by
the ducking stool, 629, 630;
by humiliation in court-room,
630-632

Purdy, Sarah, i, 35^

Purefoy, Thomas, ii, 137

Puritans, i, doctrine as to bap-
tism, 220; their status in
Virginia during the Protec-
torate, 228; effect on, of Act
of Uniformity, 252, 259; first
colony of, in Virginia, 253;

Puritan clergymen visit Vir-
ginia, 254; converts in Vir-
ginia to the faith of the, 255-
257; Rev. Mr. Harrison
banished, 257; condition of,
during Protectorate, 258 ; char-
acter of, in Virginia 259, 260;
supposed attitude of, tow-
ards the Government, 263

Puritan supremacy, i, election
of churchwardens during, 80;
causes emigration of clergy-
men from England, 120; great
demand in Virginia for clergy-
men during, 120; no tolera-
tion for Quakers during, 228;
condition of church in Vir-
ginia during, 258; see Pro-
•tectorate

Pursell, Philip, ii, 444

Purvis, Captain, ii, 183

Purvis, John, i, 42

Purvis's Laws, ii, 509

Quakers, i, early indictments of,
32; indictment of, in York
county, 34; attack the clergy,
179; punished by General
Court, 215; their doctrine
respecting baptism, 220;
spirit animating, 222; why
they were opposed, 223;
why their influence spread,
224; their missionaries, 226,
227; rigid laws against, 226,

228, 230; defiant spirit of,

229, 233, 234; attempted
suppression of, in Lower
Norfolk county, 231-236; in
Northampton, 231; in York
county, 236; laws against,
in 1663, 238; assemble in
large numbers, 239; sternly
treated, 240, 242; effect on,
of the Toleration Act, 244-
246; subject still to sus-
picion, 247-249; decline of,
250, 251; their supposed atti-
tude towards the Govern-
ment, 263; their custom of
covering the head, 514;
referred to in indictments,
606; imprisonment of, 636;
ii, exempted from military
service, 8

684

Index

Quaker, ship, ii, i8o
Quarry, Robert, ii, 209, 210
Queen Creek, ii, 563
Quigley, John, ii, 108
Quit-rents, see Taxation

Randolph, Edward, i, 700, 701,

706; ii, 576, 594
Randolph, Henry, i, 419; ii, 479,

577
Randolph, William, i, indicted
for profanity, 43; appointed
executor, 243; his culture,
443; sustains the dignity of
his court, 482; conscientious-
ness as a judge, 508; imports
Bartholomew Fowler, 576;
serves as a coroner, 603;
serves as an administrator,
604; Attorney-General, 689;
ii, officer of militia, 25; gives
information to court, 48;
assessment for benefit of, as
Burgess, 444; elected Speaker,

471

Rangers, ii, attached in the be-
ginning to the garrisons, 115;
muster of, 116; provisions
for the organization of, 117;
special bodies of, called into
service, 118; cost of support-
ing, 120; life of, 121, 122

Rankin, Henry, i, 630

Rape, i, 679

Rappahannock County, i, elec-
tion of a vestry in, 68;
vestry of Sittingbourne Parish
in, indicted, 81; justices of,
try charges against Rev.
Mr. Doughty, 219; supposed
Papist conspiracy in, 270;
instances of provision by will
for education of children
in, 299, 303; provision in, for
education of orphans and
apprentices, 312, 313; chil-
dren from, educated in Eng-
land, 319, 320; owners of
books in, 405, 406, 408, 427-
429; a suit in, 479; punish-
ment in, for disrespect to
court, 514; terms of its court,
520; court-house in, 530;
divided at first by the
river, 530; members of its

bar, 580; pillory in, 628; jail
in, 642; ii, military quota
required of, 11 ; militia officers
in, 24; orders weapons in
private hands to be reported,
43; orders military articles
from England, 44; provides
for a garrison surgeon, 108;
Rangers furnished by, 115
et seq.; celebrates birth of
Prince of Wales, 284; loyalty
of, to William and Mary, 286;
value of quit-rents in, 579

Rappahannock Fort, ii, 49, 104-
107, 165, 166, 194

Rappahannock River, i, 59, 483,
532, 533- 642; ii, 76, 85, 86,
93, 102, 108, 109, 118, 119, 150,
167, 173, 183, 194, 202, 218

Ratcliffe, President, i, 648, 651,
652; ii, 303, 335, 353, 368

Rawlings, Edward, ii, 169

Raymond, i, 267, 274

Read, Benjamin, i, 27, 72; John,
272

Read, James, i, 651; ii, 353

Reade, i, 234; ii, 150

Reade, Francis, ii, 226

Readers, i, 189, 191

Recordation, i, 548, 549; ii, 625

Reikes, Stephen, i, 265

Religious feeling, i, public in-
terest in conversion of the
Indians, 3-9; piety of early
colonists, 10-14; observance
of fast days, 15-18; piety in
expression of wills, 18-21; in
letters, 21; gifts of religious
books, 22, 23; religious books
in inventories, 23-26; testa-
mentary gifts to poor, 26

Reynolds, i: Thomas, 414; Wil-
liam, 324, 326

Rhode Island, ii, 204

Rice, i: Dominick, 320; Stephen,
320

Rich, Sir Nathaniel, ii, 253

Richardson, David, i, 127

Richens, Penelope, i, 481

Richmond City, i, 222; ii, 298

Richmond County, i, removal
of vestrymen in, 69; tutor in,
327; owners of books in, 426;
court-house in, 536; its bar,
583 ; its jail, 643 ; ii, levy in, 538

Index

685

Richneck, ii, 402

Rickets, Mary, ii, 187

Ricks, i, 669

Riddick, Henry, i, 268

Rigby, Peter, i, 165

Riggin, John, i, 624

Ring, Joseph, ii, 47

Roanoke River_,_ii, 63, 82

Roanoke, ship, ii, 212, 214

Roberts, Thomas, i, 320, 429

39; Simon, 583; William, 594
Robinson, i: Andrew, 418; Rev.

George, 200; John, 649;

Mary, 97, 109
Robinson, Christopher, i, 321,

382, 673; ii, 44, 90,395
Robinson, Richard, i, 581, 641;

ii, 90, 285
Robinson, William, i, heretical

opinions of, 220; holds Quaker

meetings, 226; hanged, 227;

citizens ordered not to en-
tertain him, 232
Robinson, William, 2nd, i, 491,

565. 668
Rochdale Hundred, ii, 288
Rock Hall, i, 170
Rogers, John, i, 324
Rolfe, ii: John, 391; Thomas,

lOI

Roman Catholics, i, could not
endure Rev. Mr. Lawrence,
181; supposed attitude of,
towards the Government, 263,
264; dislike of, in Virginia
in early years, 264, 265; de-
prived of civil rights, 266, 272;
Father Raymond, 267; pun-
ishment for criticising the
King's attitude towards, in
1688, 268; panic about, in
1688, 269-271; number of, in
Virginia in 1681, 274; causes
of feeling against, 274, 275;
rumor of a plot by, to seize
fort at Point Comfort, 355

Rooke, Thomas, ii, 449

Rookings, i: Jane, 279; William,
302

Roscow, William, i, 506

Rose, John, i, 479

Rosegill, i, 318; ii, 337

Rosier, Rev. John, i, marriage
and burial fees of, 160; owns

land in Virginia, 178; gives a
bill for a large sum, 183; suc-
ceeds Rev. Mr. Panton, 210;
legatee of books, 408; a lega-
tee, 430

Ross, Andrew, ii, 355

Ross, Edward, i, 702; ii, 174,
462

Rowlett, Peter, i, 576

Royal James, ship, i, 347

Royall, i, Henry, 354; Joseph,

492
Ruggle, Rev. George, 1, 7
Russell, i: Elizabeth, 287; John,

300, 480; Richard, 235, 238,

357, 405; Robert, 77
Russell, Peter, ii, 106
Rutland, George, i, 570; ii, 85
Rynurse, Pannil, i, 289

Sabbath observance, i, regula-
tions touching, in Argoll's
time, 28; instances of violation
of, before 1 650, 29; special pro-
hibitions in connection with,
31 ; indictments to enforce, 32,
33; petitions to enforce, 34;
instances of violations after

1650, 35-37 ..

Saby, Abram, ii, 564

Sadler, John, i, 107, 167, 170

Saker, John, i, 309

Salem, i, 278

Salmon, Joseph, ii, 19

Sampson, John, j, 408, 428, 560

Samways, Captain, ii, 182

Sanderson, Edward, i, 691

Sandford, Henry, i, 438

Sandford, John, i, 4^5; ». 354

Sandy Point, ii, 202

Sandys, Sir Edwin, i, connection
of, with Indian College, 7; re-
ceives sum for Indian school,
344, 345; codifies laws for
Virginia, 464; ii, how far
governed in his' view of the
London Company by politi-
cal hopes, 237, 243, 244;
elected Treasurer of the Lon-
don Company, 245; codifies
laws for Virginia, 247; his part
in the government of the
Colony, 252

Sandys, George, i, 446; ii, 33,
261, 602

686

Index

Saunders, i: Rev. David, 199;
Rev. Jonathan, 200

Saunders, William, ii, 226

Savage, i: Anthony, 479; John,
320; Thomas, 320

Sayer, i: Francis, 300, 491, 517;
Thomas, 300

Scarborough, Charles, i, re-
proved for criticising the
King, 268; trustee of the
College, 382, 383; a letter of,
444; takes oath as a justice,
500; ordered to build a court-
house, 538 ; ii, officer of militia,
25; petitions the Board of
Trade, 378; fined for not at-
tending the Assembly, 466;
collector of Virginia duties,

593

Scarborough, Edmund, i, brings
charges against Rev. Mr.
Teakle, 211; reference to,
502; member of the Eastern
Shore bar, 576; sheriff, 601;
iij officer of militia, 25; his
view as to attacking the In-
dians, 73; contracts for quit-
rents, 578

Scarborough, Matthew, ii, :?io

Scarborough, William, i, 418

Scarbrooke, John, i, 309

School-masters, i, sometimes
clergymen, 332, 333; some-
times the parish readers, 333;
required to be licensed, 334;
to subscribe to the canons, 335;
their qualifications had to be
proven, 335; Nicholson's gen-
erosity toward, 336; county
court supervised, 337-339;
fees paid by, 339, 340; charges
for teaching made by, 340-
342

Sclater, Rev. James, i, 200, 246

Scotland, i, 116

Scott, i: Jane, 544; Walter, 594;
Sir Walter, 548

Scrimgour, Rev. William, i, 174,
200, 212

Scrivener, ii, 369

Sebrel, Nicholas, i, 439

Secretary of State, i, 660; ii,
259. 306, 319, 384, 385, 391-
402, 407, 408, 420, 491, 504,
535. 550. 556, 629

Seddon, Thomas, 1, 86
Segar, Oliver, i, 29, 30
Sellick, Rev. William, i, 200
Semple, Rev. William, i, 128
Seneca Indians, i, 269; ii, 42, 93
Sergeant, William, i, 429
Servants, i, immorality among,
45, 48, 50, 56 ; bastardy among,
how punished, 83, 84; in
magistrate's court, 480, 481;
ii, military service required
of, 5-8; misgivings about, in
1673, 199; taxation of, 458;
runaways, 515; after termi-
nation of their articles, 614;
social influence of class of,
615, 616, 618
Severne, John, i, 325, 430
Sewell,_ Henry, i, obtains me-
chanics, 99; burial service of,
160; educated in England,
318; referred to, 622
Sewell's Point, ii, 18
Sewell's Point Church, i, 65, 100,

149
Seymour, Lord, i, 390
Sharpless, Edward, ii, 392
Shaw, Thomas, i, 422
Shelley, Captain, ii, 209, 210,

488
Sheppard, i: Rev. John, 70, 200;

Richard, 23
Sheriffs, i, serve writs at church
door, 31; collect church dues,
92, 93; by whom appointed,
597; term of, 599; fees of,
600; names of, 601; referred
to, 633, 657; ii, custodians
of arms, 47; appointed by
President of the Council, 309;
required to issue writ of elec-
tion, 408, 409; return name
of the Burgess elected, 420,
421; wording of their return,
421; collected taxes, 570-574;
overawed by land-owners,
577; how guided in collecting
taxes, 578
Sherman, Michael, i, 702
Sherwood, Grace, i, 286, 287
Sherwood, William, i, draws will
of Francis Page, 566; early
history of, 572; his reputa-
tion in Virginia, 572; counsel
in Drummond case, 573; prac-

Index

687

Sherwood, William — Continued
tises in General Court, 574;
in other courts, 575; General
Court meets in his residence,
655; Attorney-General, 688;
ii. Council meets at home
of, 389; Assembly committee
meets at home of, 479

Shipp, William, i, 99, 524

Shippey, Thomas, i, 419

Shires, i, 486, ii, 18

Shirley Hundred, see West
Shirley Hundred

Shirley Hundred Island, ii,

427
Shirlock, James, n, 174
Shoreham, ship, ii, 188, 189, 219,

221-223
Shrewsbury, Katharine, i, 327
Shropshire, Rev. St. John, i, 203
Sibsey, John, i, slandered, 51;
obtains mechanics, 99; re-
ferred to, 41 2, 622; ii, custodian
of military equipment, 80;
member of Council of War,
83; becomes a member of the
Governor's Council, 370; as-
sessment for benefit of, as
Burgess from Lower Norfolk
county, 436; collector of
taxes, 571
Sidesman, i, 93
Simpson, Thomas, ii, 225
Simpson, William, i, 415
Sittingbourne Parish, i, re-
ferred to, 59; indicted by
Grand Jury, 81; granted land
for a church site, 104; its
pulpit occupied by Rev. Mr.
Doughty, 219
Skipwith, Sir William, i, 601
Slander, i, 50-52, 81, 630, 631
Slaughter, i, Francis, 408; Wil-
liam, 581
Slaves, see Negroes
Smith, ii: Abram, 56; Joseph, 57;
Nicholas, 180; Roger, 33, 130
Smith, i, Alexander, 36; Bryan,
618; Henry, 428, 679; John,
382, 383, 429,; Mary, 548;
Richard, 75; Robert, 575;
Thomas, 36; William, 548
Smith, Anthony, i, 429; ii, 56
Smith, Captain John, i, religious
feeling of, 10; restored to the

Council, 195; statement of,
as to the Indian College, 363;
refers to the erection of
monthly courts, 485; arrested
on shipboard, 648; sues Wing-
field, 649; criticises Archer,
650; condemned to death, 651 ;
ii, refers to weapons in the
Colony, 31; encourages mili-
tary exercises, 64; opinion
of Indian courage expressed
by, 79; changes the shape of
the Jamestown fort, 124;
elected Governor, 300; mem-
ber of the first Council, 368

Smith, Lawrence, i, 50, 382,
483; ii, 24, 104, 105, 108, 518

Smith, Major-General Robert, ii,
9, 20, 51, 281, 504, 520, 530,

532
Smithe, see Smythe
Smithfield, ii, 64 ,

Smithfield Church, i, 106
Smith's Fort, i, 372
Smith's Island, ii, 215, 216
Smythe, Sir Thomas, ii, 242,

253. 255, 290
Smythe's Hundred, i, 97; ii, 290,

427
Snead, Hawkms, 1, 313
Snignell, Samuel, i, 352
Snowdall, William, i, 422
Soane, William, i, 492, 528; ii,

118
Solicitor-General, i, 689
Sorrell, John, i, 532
Southampton Fort, ii, 127
Southampton Hundred, i, 344-

346; ii, 290, 335, 336
Southampton, Lord, ii, 245, 252
Southampton River, ii, 16, 127
South Carolina, ii, 208
Southern, Henry, i, 41"
Southwark Parish, i, 83, III;

ii. 554
Spaniards, ii, 190, 191, 192, 193,

239. 245
Speaker, The, ii, 463, 464, 468-

471
Speke, Thomas, n, 21

Spellman, Thomas, i, 75

Spencer, i: Alice, 52; George,

27, III, 162; Robert, 418;

William, 522, 577 _
Spencer, Nicholas, i, contrib-

688

Index

Spencer — Continued

utes to the salary of his
clergyman, 153; widow of,
marries, 211; buys law books,
557; judgein Drummondcase,
574; reports a negro plot, 672,
673; ii, complains of indiffer-
ence to military interests, 10;
advises about the Indians, 73;
procures medicines for Poto-
mac garrison, 108; opinion
of the garrisons, no; depre-
cates attack by guardship on
pirates, 205; appointed Sec-
retary of the Colony, 394;
sends a report of Acts to
England, 505; named as a re-
viser of the Acts, 510; de-
scribes the power of the
Assembly as to taxation, 527;
high position of, 607

Spencer, Mrs. Nicholas, ii, 553

Spencer, William, ii, 25

Spicer, Arthur, i, 25, 426, 427,

583-587
Spotswood, Alexander, ii, 298
vSpratt, Henry, i, 326, 517
Spring, i: Isabel, 234; Robert,

415. 437
Stafford county, i, 124, 269,273,
582, 601; ii, II, 22, 74, 102,
115 et seq., 297, 299, 420,

433. 579
Stafford, Hugh, 1, 372, 434

Stairling, Richard, i, 415
Stanley Hundred, ii, 290
Stanwell, Richard, i, 405
Staples, Rev. Robert, i, 199
Stapleton, Thomas, i, 580
Star Chamber, i, 674
State-House, i, fire in, in 1698,
549, 615; references to, 654,
655; ii. Governors inaugu-
rated in, 313, 314; porch
chamber in, used by Assembly
clerk, 389; Secretary occu-
pies a room in, 402; history
of, 451-460; levy for repair-
iiig. 534; duty on liquors
for building, 581, 582
Stegge, Thomas, ii, 577, 598
Stephens, i: Alice, 281; Anne,

629
Stevens, Philip, i, 434
St. George's Hundred, ii, 290

St. John, Lord, ii, 32

St. Mary's, i: Church, 109; Par-
ish, 84

St. Mary's Whitechapel, i, 512

St. Peter's Parish, i, 57, 142

Stirling, William, i, 620

Stith, John, ii, 25

Stock, Richard, i, 436

Stockton, Rev. Jonas, i, 8, 200

Stone, John, ii, 24

Stone, William, i, 594; ii, 54

Stop, Ann, i, 44

Strachey, William, ii, 391

Stratton, Edward, i, 43

Stretcher, ii, 21

Stringer, John, i, his will, 19;
warns a Quaker missionary,
226; administers oaths of
office to members of county
court, 500; sheriff of North-
ampton county, 601

Stroking corpse, i, 289

Sturman, Richard, i, 318, 422

Sudley, Jane, i, 83

Suggett, Sarah, i, 408

Summers, Sir George, ii, 301

Surry county, i, citizens of,
indicted, 33; stroking a corpse
in, 289; testamentary pro-
vision for education of chil-
dren in, 301, 302; court pro-
vision in, for education of
orphans and apprentices, 311;
young men from, educated
in England, 319; College
plantation situated in, 366,
371, 372; owners of books in,
418; commission of justices
of, 487; its bench composed of
twelve justices, 493, 494; a
lawyer's license in, 567; Sher-
wood a resident of, 573;
clerkship of, 589; sheriffs of,
601; justices of, indicted, 628;
punishment for rebellion in,
632; ii, military quota re-
quired of, II; Bridger com-
mands militia in, 22; militia
officers in, 23; commanders
in, 24; part of a military
district, 93; fort to be built
in, 103; mechanics impressed
in, to build fort, 145; celebra-
tion in, 279; originally a part
of James City Corporation,

Index

689

Surry county — Continued

291; complains of heavy as-
sessments by the Assembly,
440; agitation in, 544; titha-
bles in, 554, 555; complains
of the levy, 560; quit-rents
of, farmed out, 577; value of
quit-rents in, 579

Surveyor-Generalship, i, 387; ii,

323

Swaney, Edmund, i, 439

Swann, Alexander, i, 68

Swann, Samuel, ii, 25

Swann, Thomas, i, displaced
from quorum of Surry county,
487; goes on the circuit as
Councillor, 497, 499; counsel
in Drummond case, 573, 574;
case of, before the General
Assembly, 691; ii, officer of
mili^iia, 24, 25; number of
tithables belonging to, 554,

555

Sweet Singers, i, 274

Swift, The, ship, ii, 186

Sydnor, Fortunatus, i, 114

Sykes, ii, 187

Symmes, Benjamin, i, resides
at Bass' Choice, 350; pro-
vides by will for erection of
free school, 351; Acts of
Assembly to enforce the
benefaction of, 352; extent
of tuition in free school of,

355. 356
Symonds, Rev. William, i, 5
Synock, Robert, ii, 108

Taliaferro, John, i, 601, 602 ^
Tankard, John, i, 577-579. 608
Tanner, Edward, i, 340
Tanner's Creek, i, 263
Taverner, Giles, i, 299
Taverner, John, i, 69, 408, 580;

ii, 25
Taxation, i, of skins for the
support of the College, 393;
ii, of newcomers at Point
Comfort, 140; right to tax
claimed by the Governor and
Council, 375, 376; Councillors
relieved of taxes, 380; history
of, in time of Company, 522,
523; stipulation about, with
Parliament in 1651, 524;

right of Governor and Coun-
cil in the matter of, 524-530;
not to be imposed without
consent of the Assembly, 530-
533; parish levy, 534; public
levy, 535; county levy, 535-
539; poll tax, 540-547; who
constituted tithables, 548-
550; assessment for, 550-569;
how tithables were listed for,
551-553; number of titha-
bles listed for, 554, 555; how
taxes collected, 570-574; the
quit-rent, 575, et seq., 580; duty
on liquors, 581,582; on slaves
and servants, 583; export
duty on tobacco, 584-588;
sources of colonial revenue,
589; collectors and naval
officers, 590, et seq.; general
comment on, 630-632
Taylor, ii, 464

Taylor, i: Ebenezer, 354; Nich-
olas, 40; Peter, 530; Philip,
408; Richard, 424; Thomas,
162, 200; William, 69
Taylor, George, i, 642; ii, 284
Taylor, John, i, 75, 702; ii, 513
Teakle, i: Elizabeth, 182; John,
182; Kate, 182; Margaret, 182
Teakle, Rev. Thomas, i, reim-
bursed for improper taxes,
150; salary of, 154; books of,
175, 176; personal estate of,
182; serves as trustee, 184,
referred to, 200; refutes
charges against himself, 211;
supervises education of two
boys, 304; illiteracy of his wife,
456; prosecutes Mrs. Parker,

579

Tenants, i, 163; ii, 290, 341,
400

Theriott, i: Domine, 532; Wil-
liam, 641, 642

Thomas, i: Edward, 34, 244,
245, 603; James, 34; John,
434; Mary, 227; Simon, 104,
105, 108

Thomas, R. S., i, 106, 198

Thompkins, i: Mary, 240; Rich-
ard, 327

Thompson, Samuel, i, 34

Thompson, Rev. William, i,
owns land in New England,

690

Index

Thompson — Continued

179; controversy with Rev.
Mr. Parke, 190; his character,
203; aPuritan clergyman, 254;
illiteracy of his wife, 456; ii,
tithables of, 555
Thornbury, William, i, 37
Thorne, Dorothy, i, 311 _
Thoroughgood, Adam, i, slan-
dered, 51, 622, 630; becomes
an agricultural servant on
his arrival in Virginia, 426;
' buys law books, 557; ii,
influence possessed by, 610
Thoroughgood, John, i, 455; ii,

Thoroughgood, Sarah, 1, 455
Thorpe, Colonel, i, 103; ii, 25
Thorpe, George, i, his interest
in the Indians, 5; sent to Vir-
ginia by the London Com-
pany, 367
Thresh, Alice, i, 299
Throgmorton, Henry, ii, 427
Thruston, i: Christopher, 510;

Malachi, 491
Thurston, i, 226
Tilney, John, i, 404, 408; ii, 502
Tindall's Point, see Tyndall's

Point
Tindall, Robert, ii, 124
Tithables, ii, 548-555
Tobacco, i, 634, 688; ii, 18, 238,

341. 356, 561, 584-588, 612
Todd, John, ii, 169, 171
Todd, Robert,- i, 62
Toleration Act, i, 34, 215, 245,
248, 249, 253, 259, 262, 263;
ii, 8
Tooker, Edith, i, 47
Toop, Nicholas, i, 437
Townsend, Edward, i, 385
Townsend, Richard, i, 529; ii,

370

Townsend Plantation, 1, 392

Travers, i: Elizabeth, 455; Ed-
ward, 107; Raleigh, 455, 555

Treason, i, 674

Treasurer, ii, 259, 304, 393, 458,
576, 602-604, 629

Trope, John, ii, 90

Trotter, Richard, i, 27

Truit, Henry, i, 30

Trussell, John, i, 616; ii, 426

Tucker, Dorothy, i, 310

Tucker, William, ii, 16, 79, 191

Tuke, James, i, 490
Tunstall, William, i, 327
Turberville, John, i, 601
Turner, i: Henry, 36; William,

563
Tutors, i, many Virginians

taught by, 323; some of them
obtained from England, 324;
instances of, 324, 325, 327,
329; how remunerated, 326,
327; sometimes Huguenots
327; sometimes servants, 328;
school-rooms of, occasionally
attached to planters' resid-
ences, 329
Twyford, John, i, 418
Tyler, i: John, 401; Robert, 512
Tyler, Lyon G., i,202, 384, 401;

ii, 451
Tylman, Edward, ii, 444
Tyndall's Point, ii, 150, 163,
166, 167, 169, 170-174, 183
et seq., 194, 202, 203, 389, 455

Underbill, John, i, 437
Uniformity, Act of, i, 252, 259
Upper Norfolk county, i, 57,

520, 570; ii, 83, 428
Upton, John, i, 455; ii, 19, 139
Urbanna, i, 533
Utie, John, i, 455, 529; ii, 5, 137,

356
Utie, Mary, i, 455
Utimaria, i, 529

Vanner, James, ii, 225

Varina, i, 528

Varina Parish, i, 180

Vaughan, i: John, 39; Samuel,
422; Richard, 298-

Vaulx, James, i, 437, 481

Vestry, i, of whom composed,
62; its patriotism, 63; its
social influence, 63, 64; juris-
diction of, 64; earliest refer-
ence to, 64; who appointed,
65; how often chosen, 66-68;
who chose, 70; meetings of,
70, 71; duties of, 73, 74;
parish levy by, 74, 75; as-
sistants to, appointed, 76;
amount of parish tax, 77;
exempted paupers from levy,
77; disputes as to local juris-

Index

691

Vestry— Continued

diction of, 78; acted through
the churchwardens, 79 et seq.;
oppressive measures by, 102;
possessed the right to choose
minister of the parish, 131,
132; described as a plebeian
junta 135; charged with cur-
tailing rights of clergy, 136,
137; why a probational tenure
was approved by, 139-141;
could increase tax for minis-
ters' support, 149, 150; called
upon to subscribe to clergy-
men's salaries, 1 52 ; impowered
to sell glebes, 164, 165; re-
quired to keep registry book,
186; ordered to retain those
ministers who conformed, 218,
219; ii, general duties of, 619

Vicars, Rev. Thomas, i, 200

Vincent, William, i, 563

Virginia, i, moral character of
its population, 53, 54; num-
ber of parishes in, 60; vestry's
influence in, 63; election of
churchwardens in, 80; pro-
vision for poor in, 88, 89;
first religious services in, 94;
instructions to clergymen in,
in the Company's time, 97;
material of churches in, 105,
106; influences promoting
emigration of English clergy-
men to, 116; toleration in,
for religious refugees, 120;
College projected in, in 1660-
1661, 122; Bishop of, 123;
room for more clergymen in,
in 1700, 125; church in, con-
demned by Rev. Mr. God-
wyn, 127, 136; no patrons of
livings in, 134; drawbacks to
clergyman's tenure in, 136,
^37' 143; condition of clergy
in, 143; privileges enjoyed by
certain citizens in, 146; cler-
gymen's salaries about 1690,
159; tenants sent to, to work
the glebes, 163; condition of
glebes in, in 1695, 168, 169;
libraries belonging to the
clergy in, 173-176; advan-
tages offered to clergymen
in, 183; the wealthiest cler-

gyman in, 184; Rev. Mr.
Hunt's pastorate in, 195;
clergymen in, 198, 199, 200;
influences to promote good
character among clergy of,
203-207; Rev. Mr. Panton
banished from, 208; individual
clergymen in, charged with
wrongdoing, 208-214; people
of, faithful to the Anglican
Church, 218; need of military
precautions in, 223; impor-
tation of Quakers into, pro-
hibited, 228; liberty of con-
science proclaimed in, 244;
invasion of, in 169 1, threat-
ened from the North, 248;
first Puritans to arrive in,
253; Puritan clergymen frofn
New England arrive in, 254,
255; condition of church in,
during Puritan supremacy,
258; general condition of
Puritans in, 260; Presby-
terian church in, 262, 263;
popular attitude in, towards
the Papists, 264-266 ; supposed
Papist plots in, 269-271;
causes of feeling against Pa-
pists in, 274, 275; attitude
towards witchcraft in, 278,
281, 288; conditions in, dis-
couraging to popular educa-
tion, 293, 294; testamentary
provision in, for education of
children, 295-307; courts in,
require education of orphans
and apprentices, 308-315;
young men from, educated
in England, 318-322; school-
masters in, required to be
licensed, 334; Indian school
in, 344-346; free schools in,
350-356; IBerkeley's reference
to free schools in, 360; as-
signment of land in, to pro-
jected Indian College, 362;
estimated value of quit-rents
in, 388; no printing press in,
previous to 1680, 402, 403;
books written in, 445, 446; de-
gree of illiteracy in, 450-459;
enforcementof English law in,
464-469; Habeas Corpus in,
467; codification of laws of, in

692

Index

Virginia — Continued

1660, 467; laws prevailing in,
472,476-477; the courts oper-
ating in, 478; speedy justice
in, 478, 479; monthly court set
up in, 484; brick-making in,
537. 538, legal procedure in,
555. 556, 663, 664; profession
of law in, 568; leading attor-
neys of, 570-587; proposal
to send English lawyers to,
571; eagerness for office in,
603; law-abiding character
of the people of, 610; the
criminal code of, 611-616;
prisons in, 633-646; adminis-
tration of law in, no check on
the political administration,
661; jurors in, 666; piracy
in, 676-678; Admiralty Court
erected in, 702; ii, legal age
for military service in, 7;
number of fighting men in,
10; wages of soldiers in, 14;
militia officers in, 23-25;
arms and ammunition in, in
1625, 33; imports military
articles from England, 44, 46;
arms in hands of private
citizens of, 52; smiths in, 57-
60; life of a youth in, 61-63;
drill-masters in, 67; distrust
of Indians in, 72-77; marches
against Indians in, 78 et seq.;
forts erected in, as early as
1 646 as barrier against Indians,
99; scheme for forts in, in 1676,
102 et seq.; cost of supporting
the Indian garrisons in, iii;
services of the Rangers in, 115
et seq.; life of the Rangers
in, 121, 122; first forts erected
in, 123-134; ordnance in, in
1629, 135; erection of five
forts in, in 1667, 153-156;
uselessness of fortifications
in, in 1690, 174-177; seamen
impressed in, 187; guardship
Shoreham sent to, 188; Span-
ish attack expected in, 191;
Dutch naval operations in,
193 et seq.; piracy in, 203-226;
periods in history of, 229, 230;
income expected from by the
King, 234; influence of, on

English contemporary poli-
tics, 243, 244; first Assembly
called in, 246; the Colony
reverts to the crown, 252;
confirmation of the right to
hold Assembly proclaimed in,
256, 257; no need of a com-
pany to govern, 260; reaction
in, after 1660, 263, 264; ap-
points a commissioner in
London, 266; English boards
that controlled affairs in,
267-273; loyalty to English
throne, 274-286; territorial
divisions in, 287-299; Cul-
peper ordered to go back
to, 304; how Governor was
appointed in, 300-309; how
Governor was inaugurated
in, 312-314; powers of Gov-
ernor of, 320 et seq.; Governor
required to reside in, 333,
334; a Governor's mansion
in, projected, 337-339; tenants
sent to, 341; Harvey sets out
for, in 1635-6, 343; Byrd
arrives in, 364; governed
by the popular voice in the
time of the Protectorate,
381; Secretaries of, 391-395;
letters of attorney sent to,
398; first legislative body to
assemble in, 403; who were
entitled to vote in, 409-416;
English rule as to residence
of Burgess followed in, 421;
every prominent family in,
represented in House of Bur-
gesses, 423, 435; definite sal-
ary allowed to Burgess in,
435. 439; principal church in,
in 1619, 450; State-House in,
450-461; Saturday a half-
holiday in, 465; epidemics
in, '487, 488; political con-
dition of, in Cromwell's time,
491; agents for, appointed in
England, 519-521; grant of,
to Arlington and Culpeper
520; no complaint of poll tax
in, 546; servants imported
into, 550; how estates were
held in, 575; quit-rents of
granted to Arlington and
Culpeper, 576; value of

Index

693

Virginia — Continued

quit-rents in, 579; privileges
allowed ships built in, 583;
income of government of,
589; fees for ships built in,
596; resembled England, 605
et seq.

Visitation, i, 91

Wade, Daniel, ii, 57

Wade, Edward, i, 511

Waldron, Henry, i, 405

Walker, ii, 370

Walker, Nathaniel, i, 406

Walker, Peter, ii, 54

Wall, Isaac, i, 1 14

Wallace, i: Rev. James, 162,
184; Rev. John, 200

Wallis, Samuel, i, 555

Walloons, i, 217

Wallop, John, i, 407, 408, 480

Waltham, John, i, 296, 630

Walton, John, i, 342

Ward, Thomas, ii, 83

Wardly, Thomas, i, 631

Ware Creek, i, 536

Ware, Jacob, i, 142

Wareneck, i, 83

Ware Parish, i, 167, 358

Warner, Augustine, i, 233, 234,
318; ii, 24

Warriner, John, i, 530

Warrosquoick, i, 485; ii, 33,
160

Warrosquoick county, ii, 294

Warrosquoick Indians, ii, 79

Warwick county, i, vacant
pulpits in, in 1680, 124;
records of, 440; terms of
its court, 521; citizens of,
prosecuted, 570; ii, military
quota required of, li; militia
of, reviewed by Nicholson, 29;
provision by, for Indian
march, 82; mechanics im-
pressed in, 147; originally a
part of James City Corpo-
ration, 291 ; date of formation,
294; number of Burgesses
from, 428; quit -rents of,
farmed out, 577; value of quit-
rents in, 579

Warwick, Lord, ii, 253

Warwick River, i, 485

Washington, i; Anne, 301; John,

405. 455; Laurence, 405, 601,

630; Mary, 455
Washington, George, ii, 63
Washington Parish, i, 173
Waters, John, i, 327, 581
Waters, Lieutenant, ii, 127
Waters, William, i, 537; ii, 24,

Waterson, John, i, 302

Watkins, i, George, iii, 418,
579; Richard, 25

Watson, i: John, 417; Henry,
415; Rev. Ralph, 173; Rich-
ard, 433; William, 505

Watts, James, i, 579

Watts, John, ii, 354

Waugh, Rev. John, i, sells
land, 180; referred to, 200;
heretical opinions of, touching
marriage license and banns,
219; encourages panic about
Papists, 269

Webb, Giles, i, 492; ii, 119

Webb, i: William, 341; William

Jr., 342
Webster, Alexander, 1, 583
Weekes, Abraham, ii, 465
Wellburn, Thomas, ii. 210
Wells, Thomas, i, 43
West, Francis, ii, 288, 305
West, John, i, 269, 601, 644,
674; ii, 24, 39, 64, 65, 305,
356, 562
West, William, i, 415
Westmoreland county, i, pro-
fanity in, 43; salaries of
clergymen in, 153; case of
reported witchcraft in, 284,
285; provision by will in, for
education of children, 301,
307; young men from, edu-
cated in England, 318; pri-
vate tutor, in, 329; owners of
books in, 407, 422; judges
appointed in, 491; dispute
in, about charter party, 518;
justices of, absent from court,
523; court-house in, 534;
action of judges of, towards
the poor, 545; rule as to tes-
timony in court of, 556; books
for county court of, bought,
557; bar_ of, 583; sheriffs of,
601; indictment in, 609; use
of the lash in, 625; the stocks

694

Index

Westmoreland county — Cont'd
in, 628; ducking stool in, 630;
jail in, 643; negro plot in,
672; rape by negro in, 679;
ii, military quota required
of, in 1686, 11; Richard Lee
commands militia in, 22;
militia officers in, 23; imports
military articles from Eng-
land, 44; provision in for
Indian march, 85, 93; warned
of pirates' presence, 218;
attachment against negroes
in, 447; levy in, 538; value
of quit-rents in, 579
Westover Parish, i, 329
West-Shirley Hundred, ii, 33,

288, 289
Wetherby, Lee, ii, 225
Whaley, James, i, 438
Wheatley, David, i, 39
Whetson, Aaron, i, 704
Whewell, Andrew, i, 547
Whipping post, i, 625-626
Whitaker, Rev. Alexander, i,
eulogizes Dale, 11 ; writes for
clergymen, 118; his parsonage,
170; removes to Virginia, 196,
197; resides at Bermuda Hun-
dreds, 198; belonged to the
Puritan section of the Angli-
can church, 252; suspects the
Indians of witchcraft, 278
Whitaker, ii: Captain, 573; Wal-
ter, 40
Whitby, Joseph, i, 220
Whitby, Richard, ii, 536
White, i: Ambrose, 579; Rev.
George, 177; Henry, 231; Rev.
Thomas, 199; Rev. William,
175. 185
Whitechapel Parish, i, 2^ , ill
Whitehead, William, i, 348
Whiting, Henry, ii, 465
Whiting, James, i, 88
Whitlock, Thomas, i, 299
Whitney, William, i, 676
Wickham, Rev. William, i, 198,

199
Wickliff, Henry, i, 301
Wicocomico, ii, 182
Wilder, Walter, i, 36
Wilkes, Thomas, i, 415, 424
Wilkins, i: John, 75; Peter, 431
Wilkinson, Mary, i, 313

Willett, Martha, i, 326

William and Mary College, i,
Boyle endowment of, 9; rea-
sons for founding, 125, 380;
referred to, 213, 214, 356;
Nicholson's interest in erec-
tion of, 381; trustees of,
chosen, 382, 383; name of,
selected, 384; Blair appointed
agent of, to visit England,
384; instructions to Blair as
agent of, 385, 386; memorial
of Assembly about, 387; reply
of English Government, 388;
charter for, obtained, 39O;
charter of, presented to the
Governor and Council, 391;
site for, at Middle Planta-
tion adopted, 392, foundation
stone of, laid, 393 ; expenditure
for buildings of, 394-396;
bequests to, 396; course of
instruction in, 397; teachers
attached to, 398; exercises at,
399,400; distinguished alumni
of, 401; General Court sits at,

655

William the Third, i, 155, 156,
391, 394; ii, 285, 286

Williams, i: David, 303; Evan,
415; Hugh, 319; Mrs. John,
631; Rev. Paul, 200; Thomas,
30; Walter, 536; Rev. Wil-
liam, 200; William, 355

Williams, John, ii, 204

Williamsburg, i, assumes the
aspect of a small capital, 400;
ii, capitol removed to, 461

Williamson, i: Henry, 328;
James, 427; Martha, 416,
Matthew, 84; Roger, 80

Williamson, Secretary, i, 572

Willis, Francis, i, 576; ii, 502

Willocks, George, i, 184

Willoughby, i; Henry, 427;
Sarah, 413

Willoughby, Thomas, i, slan-
dered, 52; referred to, 100,
148, 622; impowered to en-
gage a minister, 121, 154; his
death mentioned, 491 ;ii, mem-
ber of Council of War, 83;
views the site for jiew fort at
Point Comfort, 137; loans
powder to fort at Point Com-

Index

695

Willoughby, Thomas — Cont'd
fort, 139; relieved of taxation
as a Councillor, 380
Wills, i, 18-20,566
Willson, Rev. Mr. i, 333
Wilmington Parish, i, 214
Wilson, i: George, 636; James,

263; Richard, 40
Wilson, Robert, i, 297; ii, 462
Winbrow, Barbara, i, 280
Windebanke, Sir Francis, ii, 269,

318, 393

Wingate, Roger, n, 603

Wingfield, Governor, i, com-
mends Rev. Mr. Hunt, 194;
takes notes of Hunt's ser-
mons, 196; defends himself
from charge of atheism, 276;
his trial, 648-650; ii, associa-
tion with the Governorship,
300; deposed, 303; follows
Ratcliffe in the Presidency,
335; member of the first
council, 368

Winley, David, i, 99

Winne, Richard, i, 433

Winsor, Anne, i, 629

Winthrop, Governor, i, 254

Wise, John, i, 538, 671

Wishert, James, i, 415

Witchcraft, i, belief in, in Vir-
ginia, 278; early instances
of, 279; later instances of,
280; punished with death
on high seas in one instance,
280; charges of, discouraged
by the courts, in Virginia, 281,
288; supposed effect of bap-
tism on witches, 283; Grand
Jury inquires as to, 283;
suits caused by charges of,
284-287

Wolf, ship, ii, 183, 184

Wolstonholme, Sir John, i, 97

Womack, Abram, i, 42

Wood, Abraham, ii, 91, lOl, 426

Wood, i: Edward, 312; Sir
Edward, 213; Rev. John, 200

Woodhouse, Henry, i, 24; ii,

301 . ,

Woodhouse, Thomas, 1, 654

Wooding, James, i, 439

World's End, ii, 298

Worlick, William, ii, 426

Wormeley, Christopher, i, ar-

rests agitators in 1688, 270;
York Court meets at house
of, 529; ii, officer of militia,
24; commands the fort at
Point Comfort, 139; serves
in the Council, 365, 370;
receives the Assembly's rec-
ords from Beverley's executor,
474; his commission as col-
lector of customs, 593; names
a deputy, 593, 594
Wormeley, John, i, 318
Wormeley Plantation, ii, 165,

167, 173
Wormeley, Ralph Jr., i, his
religious books, 25; arrests
agitators in 1688, 270; edu-
cated in England, 318; sug-
gested as trustee for the
College, 382; character of
his library, 425, 426; letter
of, to William Fitzhugh, 469;
appointed to supervise build-
ing of the court-house in
Middlesex, 533; his lawbooks,
560; Fitzhugh writes to, 580;
ducking stool placed at land-
ing of, 630; ii, officer of
militia, 25; custodian of pow-
der, 47; inspects Rappahan-
nock Fort, 167; receives pay-
ment for military supplies,
172; asked to use the quit-rent
for manning guardsloop, 186;
becomes President of the
Council, 309; entertains
Howard at Rosegill, 337;
serves in the Council, 365;
Secretary of the Colony, 395;
receives the records from
Beverley's executor, 474
Wormeley, Ralph, Sr., i, 318
Worsham, George, ii, 483
Worsham, John, i, 22
Wren, Nicholas, i, 114
Wright, i; John, 36; Rev. John,
127, 184; Thomas, 31, 298;
Richard, 415
Wyanoke Indians, ii, 79
Wyard, Robert, i, 178 _
Wyatt, Governor, i, instructed
to inquire into charges against
Rev. Mr. Panton, 209 ; ordered
to maintain Anglican canons,
216; instructions of, in 1621

696

Index

Wyatt, Governor — Continued
464; enjoined to enforce Eng-
lish law in Virginia, 466;
charter brought over by, 550,
593; ii, aids John West, 65;
his view of the Indians, 79;
urges need of forts in Virginia,
132; brings a constitution to
Virginia, 249; writes to the
King in 1624, 253; performs
the duties of the Governorship
after charter was recalled, 257,
258; his Council authorized
to choose his successor, 304;
trades with the Indians, 308;
instructions to, in 1621, 316;
required to report on the
condition of the Colony, 329;
displaced by Yeardley, 341;
his body-guard, 350; in-
structed to relieve the Coun-
cillors of taxation, 380; im-
powered to summon the As-
sembly annually, 431 ; instruc-
tions of, define the character
of the General Assembly, 500

Wyatt, Rev. Hawte, i, serves in
the pulpit at Jamestown,

' 199, 202

Wyld, Daniel, i, 312

Wyndham, Edward, ii, 83, 85

Wyre, John, i, 604

Yalden, Edward, i, 417

Yates, i. Rev. IBartholomew,

203; John, 411; Richard, 238
Yeardley, ArgoU, ii, 54, 65, 386
Yeardley, Francis, i, church
built on land of, 99; invent-
ory of books belonging to,
412; a letter to, 444; illiteracy
of wife of, 455; ii, impowered
to appoint officers in Lower
Norfolk county, 20; exercises
his troops, 65
Yeardley, Mrs. Frances, i, 52
Yeardley, Governor, i, instruc-
tions of, in 1626, 14; arrives
at Jamestown, 97; custodian
of church plate, 109; ordered
to see that the ministers'
salaries were paid, 145; re-
ports number of clergymen
in Virginia in 1619, 198; cap-
tain of Southampton Hun-

dred, 346; widow of, delivers
to the General Court the
property of the Indian Col-
lege, 370; puts ordinance of
1618 in operation, 484; orders
given to, 593; ii, instructions,
1626, 4; nominates a lieu-
tenant-commander, 16; dis-
courages hospitality to In-
dians, 72; finds no forts in
Virginia, on his arrival, ca-
pable of repelling attack,
128; provides against a Span-
ish invasion, 191; authorized
to call the first General As-
sembly, 246; sets out for
Virginia, 247; proclaims the
confirmation by Charles the
First of the right to hold an
Assembly, 256; recognizes
the necessity of an Assembly,
257, 258; his instructions
signed by Privy Council, 267;
instructed to enforce all the
regulations throughout the
Colony, 293; his successor
designated, 305; succeeds
Dale, 307; proclaims his in-
structions in 1619, 312; erects
a house for the Governors on
the public land, 335; imports
tenants, 341
Yeardley, Lady, ii, 341
Yeardley, Sarah, i, 455
Yeo, Colonel, ii, 195
Yeo, Hugh, i, 330, 444; ii, 448
Yeo, William, i, 330; ii, 147
Yeocomico Fort, ii, 150, 153, 167
Yewell, Thomas, ii, 25
Yonge, S. H., ii, 124, 452
York county, i, Quakers in-
dicted in, 34; vacant pulpits
in, in 1680, 124; Quakers'
propaganda in, in 1659, 228,
229; Quakers hold secret
meetings in, 236; testamen-
tary provision in, for educa-
tion of children, 297, 299, 302,
304; provision in, for educa-
tion of orphans and appren-
tices, 309, 311-314; tutors in,
325; lot for schoolhouse at
Yorktown accepted by jus-
tices of, 337; owners of
books in, 405, 407, 433-439;

Index

697

York county — Continued

Councillors sit in court of,
497; justices of, aspersed,
511; terms of its court, 519-
521; court-houses in, 529; law
books bought for court of,
557; seeks to limit fees of
attorneys, 566; bar of, 575;
sheriff for, appointed in 1665,
596; sheriffs of, 601; a hanging
in, 616; a ducking stool in,
630; punishment in, for slan-
der, 63 1 ; prisons in, 638 ; prison
charges in, 646; admiralty
cases in, 698, 699; ii, military
quota required of, in 1686,
11; militia officers in, 24;
militia of, deficient in arms,
38; powder in, 49; allowance
to citizens of, for arms, 50;
pays smiths, 58; order of
justices of, about Indians,
74; provision by, for expense
of Indian marches, 82, 84;
levy in, for rangers, 121;
military commissioners for,
appointed in 1667, 150; taxes
collected in, for support of

Governor, 347; petitions the
Assembly to build State-
House at Middle Plantation,
455; general assessments in,
536, 537; justices of, required
to meet in December, 560;
levies in, 567' 568; quit-rents
of, farmed out, 578

York Fort, i, 383, 385; ii, 47, 49

York Old Fields, i, 392

York Parish, i, 85, no, in,
208

York River, i, 383, 385, 497; ii,
76, 98, 132, 150, 163, 164 et
seq., 183, 184, 196, 197. 202,
203, 218

Yorktown, I, projected church
at, 104; a tutor obtained
from, 324; schoolhouse at,
332; Nicholson conveys his
lot in, for a schoolhouse, 337;
debated as site for the Col-
lege, 392; port to be estab-
lished at, 529; court-house
erected at, 529; ii, Berkeley
arrives at, 197

Youell, Francis, i, 87

Young, Winifred, i, 311

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