Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924028784762 Cornell University Library F 229N41 V9 Virginia Carolorum: the colony under the Clin 3 1924 028 784 762 leiU'si ^n'iesi »f f iveiwiw lisftovg. Virginia Carolorum THE COLONY UNDER THE RULE OF CHARLES THE FIRST AND SECOND A. D. 1625— A. D. 1685, BASED UPON Manuscripts and Documents of the Period. EDWARD D": NEILL. NEC FALSA DICERE, NEC VERA RETICERE. ALBANY, N. Y. : JOEL MUNSELL'S SONS, 82 STATE ST. 1886. PREFACE. ' The student of the fengUsh colonization of America has regretted that there has been so little published, upon the development of the Virginia Colony, during the Oarolan period. With the hope, that it might lead to a more intelligent comprehension of the motives, and social surroundings, of the chief men of the era, this work has been prepared. The writer has had no political theory, nor religious party, nor provincial prejudice to sustain. As far as possible those who were prominent in shaping the destinies of the Colony, have been permitted to express their views, in their own words, as found in letters to their friends, or in communi- cations to the English Government. Their revelations conflict with some traditions, and " old wives' fables," and may not be acceptable to those who dis- like " Eecords, on a page. Whence many a pleasant tale is swept away." 6 PREFACE. The duty of the historian is to be careful not to disto:rt facts, nor to conceal that which is true. In the preparation of the volume, use has been made of some unpublished papers, in the British Museum, and Her Majesty's Public Record Office in London ; and of the records in possession of the Virginia Historical Society, and the counties of Accomac, and Northampton. Rare printed documents of the period have been freely cited, and the quotations, from the early laws, have been taken from Hening's Statutes. It is a pleasure to acknowledge the courtesies extended to me, by Secretary Brock of the Virginia Historical Society, Mr. Gilmore Kendall, Clerk of Northampton County Court, and Mr. W. H. B. Custis of the Accomac Court, while searching the records in their keeping. Saint Paul, Minnesota, September, 1886. OOIsiTENTS. CHAPTER I. From the abeogation op the London Compant's Char- ter TO the death of Goteenoe Yeaedlet - - 8-48 CHAPTER II. Principal events from A.J). 1628 to A.D. 1630 - 49-76 CHAPTER III. Transactions from A.D. 1630 to A.D. 1634 - - '77-93 CHAPTER IV. Affairs from A.D. 1634 to A.D. 1638 - - - 98-137 CHAPTER V. OccuERENCBS FEOM A.D. 1638 to A.D. 1642 - - 138-156 CHAPTER VI. Pbom the ^EEivAii OP Goteenoe Berkeley to the APPOINTMENT OP PaELIAMBNT COMMISSIONERS - 164-217 8 CONTENTS. CHAPTER VII. Affairs under the Commonwealth of England - 217-279 CHAPTER VIII. From the Accession of Charles the Second to A.D. 1671 280-338 CHAPTER IX. From A.D. 1671 to the death of Charles the Second 339-401 APPENDIX. Additional Notes 403-421 Index and Errata ... ... 423 Wirgittia fiJatfllorum, CHAPTER I. FEOM THE ABROGATION OF THE LONDON COMPANY'S CHARTER TO THE DEATH OF GOVERNOR YEARDLEY. Proclamation of Charles the First. Governor and Council- lors A. D. 1624-5. William Claiborne. Secretary Christo- pher Davison. John Martin suspended from the Council. Tbardlet visits England. Letters of Gov. Butler of Ber. mudas. Companion of Pocahontas Married. Mate and Cap- tain OF THE Mat Flower. Introduction of Negroes. Fear of Spaniards. Death op Ex-Gov. Argall. Re-appointment of Gov. Yeardley. Doctor Pott. Oapt. W. Tucker. Edward Blaney. William Pbrrar. Claiborne ancestry. Ovid translated by Sandys. Arrival and Departure of Ships. Tobacco Monopoly. Death of Gov. Yeardley. MONG the earliest acts of Charles the First, after his coronation, was a proclamation concerning Virginia. Sir Thomas Smith, the enterprising East India merchant, and Alderman Robert John- son, the London grocer, with their associates, were entirely- satisfied with the victory over the Earl of Southampton, Sir Edwin Sandys, and the large majority of the members 10 VIRGINIA GAROLORUM. of the London Company, resulting from the declaration of Chief Justice Ley (Leigh), in June, 162i, that the Company's charter was null and void. Toward the colonists in Virginia they had no harsh feelings, but their influence was used with the King so to order the tobacco trade, that their friends in London might derive some profit. The ship which brought the news of the death of James the First, also conveyed the views of his successor, as to the Plantation. In a communication of the thirteenth day of May, A.D. 1625, from Whitehall, Charles alludes to the •"Collonie of Virginia, planted by the hands of our most -deere Father of blessed memorie, for the propagation of Christian religion, the increase of trade, and the enlarging of his Royal empire." He thought that it "had not hitherto prospered soe happilly as was hoped and desired for, that the government of that Collonie was comytted to the Companie of Virginia, incorporated of a multitude of persons of sev- ■erall dispositions, amongst whome the affaires of greatest moment were and must be ruled by the greater number of votes and voyces, and therefore his late Majestie, out of his .^great wisedome and depth of judgment, did desire to resume that popular government, and accordingly the letters pat- rentes of that Incorporation were, by his Highnes' direction, in a legal course questioned, and therefore judicially repealed and adjudged to be voyd, wherein his Majestye's ayme was onlie to reduce that Grovernment into such a right course as might best agree with that forme which was held in the rest of his Royal Monarchie, and was not intended by him to take awaie or ympeach the particular interest of anie pri- VIRGINIA GAROLORUM. \\ vate planter or adventurer, nor to alter the same otherwise than should be of necessitie for the good of the publique." He also declared : " Our full resolution is, that there male be one uniforme course of government in and through our whole Monavchie ; that the government of the CoUonie of Virginia shall ymediately depend upon ourselfe, and not be commytted to anie Gompanie or Corporation to whom it male be proper to trust matters of trade or commerce, but cannott be fit or safe to communicate the ordering of State affaires, be they of never so mean consequence : And that therefore we have determyned that our Commissioners* for ' On the 15th of July, 1624, King James had appointed the following Commis- sidners for Virginia to receive the charters, seals, and letters of the Virginia Company, and attend to the affairs of the Colony: Henry, Viscount Mandeville, Lord President of the Privy Council. William, Lord Pagett. Arthur, Lord Chichester, Baron of Belfast. Sir Thomas Edwards, Knight. Treasurer. " John Suckling, " Comptroller. " George Calvert, " Secretary of State. " Edward Conway, " " " " Richard Weston, " Chancellor of Exchequer. " Julius Caesar, " Master of Rolls. " Humphrey May, " Chancellor of Lancaster. " Baptist Hickes, " and Baronet. " Thomas Smith, Sir Henry Mildmay, Knight, Master of Jewels. " Thomas Coventry, " Attorney General. " Robert Heath, " Solicitor General. " Ferdinand Gorges, " " Robert Killigrew, " " Charles Montague, " " Philip Cary, " " Francis Gaston, " " Thomas Wro.th, " 12 VIRGINIA CAROLOBUM. those affaires shall proceede accordinge to the tenor of our commissions directed unto them, until we shall declare our further pleasure therein ; nevertheless we doe hereby declare that we are resolved with as much convenyent expedition as our affaires of greater importance will give leeve, to estab- lish a Counsell consistinge of a few persons of understand- ing and quallitie, to whom wee will give trust for the yme- diate care of the affaires of that Uollonie, and whoe shall be answerable to us for their proceedings, and in matters of great moment shall be subordinate and attendant unto our Privie Counsell here; and that wee will alsoe establish an- other Counsell to be resident in Virginia, who shall be sub- ordinate to our Counsell here for that CoUonie, and that att our owne charge we will maynteyne those publique offi- " John Wolstenbolme, " " Nathaniel Rich, " " Samuel Argall, " " Humphrey Handford, " Matthew SutclifFe, D.D., Dean of Exeter. Francis White, D.D., Dean of Carlisle. Tliomas Faushaw, Clerk of the Crown. Eobert Johnson, Alderman of London. James Campbell, " " Ralph Freeman, " " Maurice Abbot, Esquire, Nathaniel Butler, " George Wilmore, " Philip Jermayne, " Edward Johnson, " Thomas Gibbs, " Samuel Wrote, " John Porey, " Michael Hawes, " VIRGINIA GAROLORUM. 13 In conclusion, he wrote that he wished to bring the tobacco trade into one hand, and exclude that raised in foreign lands, and to fix his own price upon that raised in Virginia.' After the charter of the Virginia Company had been dis- solved, James the First continued Sir Francis Wyatt^ as Edward Pallavacine, Esquire. Robert Bateman, Merchaut. Martin Bonde, " Thomas Styles, " Nicholas Leate, " Robert Bell, Abraham Cartwright, '' Richard Edwards, " John Dyke, Anthony Abdy, " William Palmer, " Edward Dichfield, Salter. George Mole, Merchant. Richard Morer, Grocer. Upon the recommendation of the Commissioners for Virginia, the following Tobacco Inspectors in London were appointed : Edward Dichfield, Salter ; Richard Morer, Reuben Bourne, George Bromley, Grocers ; William Perkyns, Merchant Tailor ; and Edward Bennet, Merchant. ' The entire document is printed in Rymer's "Foedera," Vol. XVIII., pp. 73,73. ' Thomas Wyatt, of AUington Castle, Boxley Abbey, married Jane, daughter of Sir William Hawte. His estate was confiscated. George, his son, had the estate restored in 1570 by Queen Ehzabeth. He married Oct. 8, 1583, Jane, daughter of Sir Thomas Pinch, Kt., and he was buried about September 1635, at Boxley Abbey, and left five sons and two daugh- ters. Francis, eldest son of George, in 1618 married Margaret, daughter of Sir Sam- uel Sandys, of Ombersley, Worcester. He was buried at Boxley Abbey August 24, 1644, and his wife March 37, 1644-5. Hawte, brother of Francis, was inducted Rector of Boxley October 3, 1633. He died July 81, 1638. He was twice married, and some of his descendants are 14 VIRGINIA GAROLORUM. Governor. While he had confidence in the motives of those who had directed the affairs of the Company, Wyatt found that their plans were at times impracticable. In a letter to his father he alluded to the " antipathy " caused by the great demands of the Corporation, and the ' ' grumbling obedience " of the colonists, and he wished " that little Mr. Farrar was in Virginia, that he might add zeal to knowledge." His wife, a daughter of Sir Samuel Sandys, who passed some time in Virginia, was a cheerful person, willing to accept the hardships of a new settlement. His deportment was correct, and a captious fellow could only write •} " The old smoker, so good, so carefully mild, religious, just, honest, that I protest, I think God hath sent him, in mercy, for good to us." said to have settled in Virgiaia. There was a Ralph Wyatt who married the widow of Capt. William Button, of Virginia, and Anthony Wyatt a member of an early legislature. Eleanor, sister of Pranoip, was the first wife of Sir Thomas Finch, Speaker of House of Commons, 1637. Hotten in Listn of Emigrant) gives The Mustek of Sb Thomas Wyatt, Kt., taken in Jantiaby, 1635. " Sr Francis Wyatt, Kt., Governo' &c., came in the George, 1621. [Wife had gone to England on a visit.] Servants. Christopher Cooke, age 35, in the George, 1631. George Hull, age 13, in the Supply, 1630. Jonathan Giles, 31, in the Triall, 1619, John Matheman, 19, in the Jonathan, 1619. Jane Davis, 3 in the Ahigaile, 1633" ' Letter of William Capps, an old planter, in "Virginia Vetusta " p. 139- Munsell's Sons, Albany, N. Y., 1885. VIRGINIA CABOLORUM. 15 The Councillors, as their muster-rolls show, were chosen from among the more prosperous and influential. Francis West' preceded his brother, Lord Delaware, and in A.D. 1608 first arrived. In November, 1623, he was ap- pointed Admiral by the Council for New England, and sailed for Plymouth Harbor, but finding that the fishermen insisted that the fisheries should be opened to all, he returned to Virginia. ' Alexander Brown, in " Mag. of American History," 1883, p. 461, communi- cates the West Genealogy from the Bennet Roll. From this are gleaned the following facts : Thomas M Lord Delaware, second son of second Lord, " was born the 9th of July, between 3 and 3 o'clock in the afternoon, 1577." Francis West, fourth son, was born the 88th Of October, 1586, between twelve and one o'clock nooii. .John West, fifth son, was born the 14th of December, 1590, between five and six o'clock in the afternoon. Nathaniel West, sixth son, was born November 3, 1593, between two and three o'clock in the morning. Doyle, in "History of the American Colonies," speaks of Francis, a nephew of Francis, who was drowned. In January, 1635, Captain Francis West was living on the Company's land at Elizabeth City. The census-roll then taken, printed in Hotten, had the fol- lowing : "Captain Fuancis West, his Musteb. Capt. Francis Wesf, Counselor, aged 36, in the Mary Ann Margaret, 1610. Mrs. Francis West, Widdowe, in the Supply, 1630. Nathaniel West, born in Virginia. Sekvants. Joane Fairchild, aged 30, in the George, 1618. Benjamin Owin, aged 18, in the Swan, 1633. William Parnell, aaed 18, in the SoutJiampton, 1633. Walter Couper, aged 33, in the Neptune, 1618. Reinould Godwin, aged 30, in the AMgall, 1630. John Pedro, a Neger, aged 30, in the Swan, 1638." 16 VIRGINIA GABOLOBUM. Sir George Yeardley^ had always been recognized for his executive abihty and business capacity. John Pory had written of him, in 1619, as "the Governor here, who at his ■ " Muster op Sik Qborqb Yeardlbt, Kt. Sr George Yeardley, Kt., &c.. came in the Deliverance, 1609. Temperance, Lady Yeardley, came in the Faulcon, 1608. Mr. Argall Yeardley, aged 4 yeares, ) Mr. Francis Yeardley, aged 1 yeare, [■ Children borne Leare. M's. Elizabeth Yeardley, aged 6 years, ' Servants at Jambs City. Richard Gregory, aged 40, ~| Anthony Jones, 26, I „ ^„„„ Tiv .., T^ 1 i y came in the Temperance, 1620. rhomas Dunn, 14, ( Thomas Phildust, 15, J Thomas Hatch, 17, in the Duty, 1619. Robert Peake, 22, in the Margrett & John, 1623. William Strange, 18, in the Oeorge, 1619. Roger Thompson, 40, London Merchant, 1620. Ann, his wife. Richard Arundell, in the Abigail, 1620. Georg Deverill, 18, in the Temperance, 1620. Thomas Baruett, 16, in the Elsabeth, 1620. Theophilus Bereston, in the Treasurer, 1614. Negro Men, 3. Negro Women, 5. Susan Hall, in the William ■■, most plantations being well stored w* head cattle, as likewise w* goates and swine in abundance, and great store of poultry, the land abounding all the year long w* Deer and wilde Turkeyes, and the rivers ' Nicholas, Secretary of State, recei -p'' a letter, dated May 18, 1628, informinjf him, that there had arrived at Cowes, a frigate from the " West India," taken by Arthur Guy, of lnc '■ Fortune " ' London, with 900 or 1000 hides, 30 tons and upward of ebony, and some Indian wi\-, and that tlie "Fortune" hath also taken an Angola man with many negroes, which the captain bartered in Vir- ginia for tobacco, which was sent home in a ship called the " Plantation." As Winthrop was leaving England, on Easter Monday, March 39, 1630, over against Yarmouth, he " met with a ship, the "Plantation," newly come from Vir- ginia." — Savages Winthrop, Vol. 1., p. 8. 60 VIRGINIA GAROLOBUM. in winter w* many sortes of wilde fowle, and in summer w"" great variety of wholesome fishe. And the soile is so fertile as by the industry of our people they may raise great crops of corne both Indian and English. Besides, all fruits, rootes, and herbes, out of England soe wonderfully prosper there. The Colony under the favor of God, and of his Ma''' hath bine raised to this heighth of people, and provi- sions especially by the means of Tobacco, by which also they must subsist for awhile untill by degrees they may fall upon more stable comodiies, as upon salte, fishe, hempe for cordage' flaxe for linnen and others. And as touching timber for building of ships of all sortes, and mastes I have heard many good Masters and Shipwrights affirm there can not be found better in all the worlde, the Countrey aff ourding also great quantity of pine trees for making of pitche & tarre, and so may in short time abound with all materials for building & rigging of ships. For our defense against the natives every plantation is armed with convenient num- ber of muskettiers to the number of two thousand shott, and upwards, but against a forrein enemy there is no man- ner of fortification (w'''' is our greatest wante) wee of our- selves not beeing able to under take the chardge thereof. As for the natives Sasapen is the chief, over all those people in- habiting upon the rivers next unto us, who hath been the prime mower of all them, that since the massacre have made war upon us. But nowe this last Somer, by his great importunity for himself e, and the neighbouring Indians hee hath obtained a truce for the present, from the Gov and CounceU of Virginia being forced to seeke it by our con- ' Colonial papers, Vol. V, 624 VIRGINIA CABOLOBUM. 61 tinuall incursions upon him, and them by yearley cutting downe, and spoiling their corne. "This being the summe of the present state of thinges in Virginia." A letter writer of the period alludes to his wife in these words " Mistress Pearce, a honest and industrious woman hath been there near twenty years, and now returned, saith she hath a garden at Jamestown containing three or four acres, where in one year she hath gathered near a hundred bushels of excellent figs and that she can keep a better house^ in Virginia for three or four hundred pounds than in Lon- don, yet went there with little or nothing." After West's departure for England, Doctor John Pott was chosen temporary Grovernor. During this period the Virginians were surprised by the arrival of Q-eorge Calvert the first Lord Baltimore, the proprietor of Avalon in New Foundland. Born in Yorkshire, of comparatively humble parentage, a graduate of Oxford, a good scholar, able writer, and of pleasant address, he entered upon a public career, as the private Secretary to Sir Robert Cecil, afterwards the Earl of Salisbury. His efficiency was recognized by his appointment as clerk of the Privy Council. In 1618, he was associated with Sir Charles Cornwallis the grandfather of Thomas Cornwallis, one of the earliest Maryland coun- cillors, as a Commissioner to Ireland-^ to inquire into cer- ' George Sandys when Treasurer of the Colony lived in Pierce's house and on April 8, 1623, wrote to John Ferrar of " his own chamber at Lieut. Peirce's, the fairest in Virginia." — Bainsbury ■August 34, 1613, Sir Humphrey Wynd, Kt., Sir Roger Wilbraham, Kt, Sir C. Cornwallis, Kt, and George Calvert, Esq., were chosen Commissioners for Ireland to hear complaints. 62 VIRGINIA CABOLORTTM. tain grievances, four years later he was knighted by King James, and after two years was commissioned as principal Secretary of State. By education and temperament he was fitted to be a cour- tier, and none of the sycophants of King James were more successful than he, in pandering to the tastes and prejudices of the coarse, and pedantic monarch^ He was a firm de- fender of the King's position, in the speech at the opening of a Parliament, "it is the king that makes laws, and ye are to advise him to make such as will be best for the common- wealth," and the active opponent of the people's party, which was yearly increasing. Confident that it would promote his advancement, he was enthusiastic in the advocacy of the marriage of Prince Charles with the Infanta of Spain, and to the displeasure of the House of Commons kept up an intimacy with Gon- domar, the Spanish ambassador; and then, with the Duchess, the mother of Buckingham, entered the church of Eome. Feb. 32, 1613-14, Jobn Latham and William Peasley, servants of George Calvert, Esq , Commissioaer to Ireland, were given £50 by way of reward for " their travail and pains in engrossing all the business, using twenty-six quires of paper, besides vellum." Peasley subsequently married Anna, the daughter of Secretary Calvert, who was at the above period a girl of about seven years of age. ' On Dec. 4, 1631, he The brick church whose ruins are still seen, was not erected until about a half century after this period, although often represented as the church in which the first colonists worshipped. The minister at this time was the Eev. Francis Bolton who, in 1621, upon the recommendation of the Earl of Southampton, had come to Virginia. After preaching for a period at Elizabeth City, and on the Eastern Shore' of the Chesapeake he became the minister at Jamestown, where Eichard Buck, and Hawte Wyatt, had been his predecessors in the parish. The principal merchant was Thomas Warnet, once of South wark, London, son of John Warnet of Hempstead, Sussex. He died in February, 1629-30, a few weeks, before ' In a book of manuscript records in the Library of Congress is the following which shows the salary Bolton received as the first minister on the Eastern shore of Virginia. " Whereas, It is ordered by the Govornor and Council that Mr. Bolton shall receive for his salary, this year throughout all the plantations all the Eastern shore, ten pound of tobacco, and one bushel of corn, for every planter and tradesman, above the age of sixteen years, alive at the crop. These are to re- quire Captain William Eps, commander of the said plantation, to raise the said ten pounds of tobacco, one bushel of corn, to be levied accordingly throughout all the said plantations, charging all persons there residing, to yield ready obe- dience, and to be aiding and assisting unto the said Captain William Eps in the execution of the warrant as they will answer the contrary at their peril. Given at James City, November 21, 1623." " Fkancib Wyatt." 70 VIJRGINIA CAEOLORUM. the arrival of Governor Harvey. His wilP witnessed by Bolton the minister, and John Southerne indicates that he was a prominent man in social life and gives an idea of the style of dress, of the period. To Dr. John Pott, acting governor, he bequeathed five thousand pounds of nails, of great value to one commencing a plantation ; to Elizabeth Potts, his wife, he gave one corfe, and cross cloth of wrought gold, and to Francis Pott his brother, a debt of eighty pounds of tobacco. The minister Francis Bolton received very useful supplies; a firkin of butter, a bushel of salt, six pounds of candles, a pound of pepper, a pound of ginger, two bushels of meal, a rundlett of ink, six quires of letter paper, and a pair of silk stockings. The wife of John Johnson was given six pounds of soap, six pounds of blue, and a pound of white starch. To the wife of John Brown- ing was bequeathed a thousand pins, a pair of knives carved with two images upon them, twelve pounds of white, and two pounds of blue starch. The wife of Mr. John Upton's was remembered by the present of a sea green scarf, edged with gold lace, two pounds of blue, and twelve of white starch. To his friend Thomas Burges he gave his best felt hat, and his second best sword, and to the wife of John Grevett a pair of sheets, six table napkins, three towels, and a table cloth, six pounds of soap, a pound of blue, and six pounds of white starch. The wife of Sergeant John Wane received four bushels of meal, four gallons of vinegar, a half pound of different colored thread, twenty needles, six dozen silk and thread buttons, a pewter candlestick, and a pewter pot de chambre. The wife of Thomas Key was left a gilded 1 8ee Qleanings of H. F. Watere in N. E. Eiat. Oen. Register, April, 1884. VIRGINIA GAROLORUM. 71 looking glass ; and of Eoger Thompson, a jar of oil, a pound of pepper, and a half bushel of salt. Benjamin Symes who became the first American benefactor to the cause of educa- tion, received a weeding hoe, the wife of Michael Batt two bushels of meal. His own wife Thomasine, daughter of ■ William Hall, of WoodalUng county Norfolk, England, re- ceived the rest of his estate, and John Southern, and James Stormes were overseers of the will. Southerne received a black beaver hat, and gold band, a doublet of black camlet, a pair of black hose, a Polander cap furred, and a pair of red slippers, and Stormes his best sword and a gold belt. War- net certainly loved his neighbors. John Browning whose wife is mentioned, in October, 1629, represented Elizabeth City in the legislature, and in that of 1630, sat John Southerne, Thomas Key, John Upton, Thomas Burges. The only legislature which assembled during the period Doctor John Pott, acted as governor, met in October, and was largely composed of the earlier colonists.^ The Assem- » BUKGBSSES OP THE ASSEMBLY CONVENED AT JaMBSTOWN, OOTOBKB 16, 1629. College Plantation or Henrico. Lt. Thomas Osborne. Arrived in 1619, in Bona 2fova, and was now 35 years old Justice in 1632. Mathew Edlowe. Came in 1618 in Nepturte, died in 1668, his wife Tabitha in 1670. His son John was under the guardianshi]) of Col. Robert Wynne. Neek of Land, Charles City Corporation. Serg't. Sharpe. Samuel Sharpe came in 1610, with Gates and Somers, and had been a member of the first legislature in 1619, He married a girl who came in 1621 . Chene Boise. Arrived in 1617, in the George, and was now 85 years old. 72 VIRGINIA CABOLOBUM. Shirley Hundred Island, Mr. Thomas Palmer. He, and his wife, and daughter seven years old, came in 1631, in the IXger. Justice in 1633. John Harris. Had been several years in Virginia. Henry TJirogmwton's Plantation. William Allen. Came in 1683, in Souffiampton. Jordan's Journey Charles City. William Popletou. Came in 1633, in the James as a servant of John Davies. Chaplain^s Choice Charles City. Walter Price. Came in 1618, in William and Thomas. Westover, Clmrles City. Christopher Woodward. Aged 35 came in 1630 in Trial. Meur Dieu Hundred. Anthony Pagett. Aged 40, came in 1638, a servant in Southampton. James City. Mr. Menefie. Arrived in July 1633, in t\Q Samuel. A merchant. Mr. Kingsmell. Perhaps Kingswell came in the Delawa/re. His wife in the Susan. Paces Pains, James City. Lt. William Perry. John Smyth. Came in 1611, in Elizabeth. Over the River. Capt. John West. Brother of the late Lord Delaware , and Gov. Francis West. Capt. Rob't Fellgate. Pasbehay, James City. Thomas Bagwell. An old settler. Neck of Land, James City. Richard Brewster. VIRaiNIA GAROLOBUM. 73 bly authorized the beginning of a plantation on the York, then called Pamunky Eiver. As early as 1624, the King's Commissioners had recommended the planting of " Ohis- Theodore Moyses, Thomas Doe. Ardhir^s Hope, James City. Came in London Merchant. Between Archer's Hope, and Martin's Hundred. Mr. John Ulie. Richard Townsend. Jolm Chew. Kichard Tree. Thomas Kingston. Thomas Fawcett. Thomas Harwood. Phettiplace Close. Christopher Stokes. Thomas Ceeley. Thomas Flint. Zachary Cripps. Capt. Natt Basse. Richard Bennett. Robert Savin. Thomas Jordan. 10 Came in the Francis Bona Ventura. A man of influence. Now about 24 years old. Came in the Abigail, 1 630, had been a servant of Dr. John Pott. Hog Island. Came in the Charity. A merchant. Arrived in the Qeorge, with his son twelve years old. Martin's Hundred. In the colony several years. In the colony several years. Mulberry Island. Came in 1623, in Margaret and John. An old settler, who came in the Star. Wdrioick Rimr. Had been five years in colony. A county justice in 1632. Came in 1618, in Diana, a county justice in 1632. Came in 1621 in Marg't and John, «, county justice in 1683. W arosquoyahe. Was about 40 years old and came in 1623, in Furtherance. Afterwards Councillor. Justice in 1683. 74 VIRGINIA GABOLORUM. kiake situated upon Pamunky " and to build a pale across from thence to Martin's Hundred, seven miles below James City. Joseph Mede in a letter' to Sir Martin Stuteville in Janu- ary, 1639-30, after referring to Lord Baltimore's return to London, from Virginia, continues : "About the time of his being there, a certain Indian, dwelling some four or five days journey off, came and offered himself his wife, and four children, " and ' ' to ensure them of his fidelity he con- ducted them against the Indians, their enemies upon whose persons, by his guidance " they obtained ' ' more spoil and revenge than they had done since the great massacre there." And this action had so much the more of justice in it, by reason, that of late, those treacherous savages assailed the house of one Mr. Poole,^ a minister and slew him, his wife, and all his family." Nutmeg Quai'ter. William Cole. Now about 31 years old, came in 1618 in Neptune. His wife came in 1616, in Susan. William Bentley. About 41 years of age, came as a bired man in 1634, iu the Jacob. Elizabeth City. Lt. Thompson. Adam Thorowgood. Came in 1631, when 18 years old. Mr. Kowlston. Came in 1623 in Qod's Gtift. John Browning, About 37 years old, came in 1621, in Abigail. John Downeman. When a boy, came in 1611, married a maid sent out in 1621, in Warwick. ' Court and Times of Charles the First. •Greville Pooley, minister, came, iu 1633, iu the ship James, and was a friend of Abraham Piersey. See p. 49. VIRGINIA CAROLORUM. 75 The action referred to was probably that of Captain Clai- borne who attacked and defeated the Indians at Oandayak, now West Point, at the junction of the York and Pamunky Eivers. Sir Eobert Heath, formerly Eecorder of London, when Attorney General of England, on the 10th of February, 1629-30, a few weeks after Lord Baltimore's return, for himself and associates, asked that two degrees of land, upon which to settle a colony, with power "to create, and esta- blish or confirm for ever, officers, ministers, and agents of all quahties and conditions, touching as well the church, as the military, and political part of the government, according to the general orders and laws of the whole province; pay- ing and causing to be paid to these officers, ministers, and agents, all their entertainment and wages." Antoine Rideoute, the Baron de Sance, a French refugee, and his son George, were made subjects of England, at this time, with the intention of planting a colony, of members of the Reformed Church in France, south of the James River. A charter was granted to Heath and the usual phraseology relative to zeal for Christianity, and desire to enlarge the bounds, and increase the trade of the kingdom, and the region ceded between the 31st and 36th degrees of north latitude in compliment to the king was called Carolana a few years later written Carolina. On the 15th of April, 1630, the proprietor was informed that those who settled in that country must acknowledge the church of England. The next month under this charter, an agreement was made with George, Lord Berkeley, Sir William Boswell, Samuel 76 VIBGIJSriA GABOLORUM. Vassall, Hugh L'Amy and Peter de Licques,' by which they could form a settlement in Oarolana, with power to appoint a G-overnor, and other officers, and that no appeal should be taken from the General Assembly of the province. This plan was not carried out, and in 1631, the charter was modified, in which Heath is referred to in these words : ' ' He beeing about to lead thither a Colonye of men large and plentiful!, professing the true Eeligion, sedulously and industriously applying themselves to the culture of y^ sayd land, and to merchandising, to be performed by industrye at his own charges and others by his example." By this instrument he was made ' ' sole Lord Proprietor in chiefley Knight's service, and by paying for it, to us, our heirs, and successors, one circle of Gold in the fashion of a crown of the weight of twenty ounces with the inscription ingraved upon it : ' Deus coronet opus suum. ' " ' Peter de Licques of Picardy had been naturalized. OHAPTEE III. EVENTS PROM A.D. 1630 TO A.D., 1684. GovEENOE Haevby's Ahrival. Assembly of 1630. Doctoe Pott's Trial. Claiborne Trades with Boston. Daniel Gookin AT Newport News. Death of Capt. John Smith. Social ties op Massachusetts and Virginia. Heney Fleet, Potomac trader. Assembly of Fbbeuaey, 1631-2. Sunday Legisla- tion. Monthly Couets. Assembly of SEPrEMBER, 1632. Wreck of the Warwick. "William Bolton Agent foe Planters. Capt. De Veies at Jamestown. John Stone a EOUGH Sea-captain. |OHN Harvey when commissioned as Governor of Virginia, was knighted, in accordance with the custom commenced, at the appointment of Gov- ernor Yeardley. He remained in England for some time, and apphed for an increase of the emoluments and privileges of his office. He also requested that the city of London, as before, might be permitted to send over one hundred friendless boys, and girls, and that six ministers con - formable to the, church of England, might also be procured for the Colony. The Privy Council, in reply to the petitions presented, allowed the colonists to hold a legislative assembly, whose >i 78 VIRGINIA CABOLORVM. ordinances would not be valid without the King's approval and agreed that Christian ministers could go to Virginia, provided, the settlements which invited them would assume their support. Early in the year 1630, after a tedious voyage, by way of Cape Verd, Governor Harvey reached Jamestown, but on account of unusual sickness among the planters, he did not convene the General Assembly, until the week before Easter Sunday. At this time Francis West, late acting Governor, William Claiborne, and William Tucker, Coun- cillors, were in England. The Assembly met on March 24, 1629-30 (0. S.), and as had been the custom, the oath of allegiance and supremacy was taken by the delegates.' Harvey did not manifest the conciliatory spirit of his im- mediate predecessors, Yeardley and Wyatt. He, walked among the colonists, as he did the quarter-deck of a ship of war, and desired to impress the settlers with the idea that he was a vice-roy. His arrogancy and arbitrary course immediately engendered opposition, and a people's party was the result. His unpopularity was increased by the alacrity displayed, in assisting Lord Baltimore, in establish- ing a province, out of a large and fertile portion of Virginia, The day after the Assembly convened there appears to have been some discussion as to the propriety of Lord Balti - more's project, and Thomas Tindall for caUing Lord Balti- » The councillors present at this Assembly, were Dr. John Pott, William Ferrar and Samuel Mathews. A few weeks later Capt. John West, Hen. Finch, Christopher Cowling, Capt. Richard Stephens, Capt. John Utie, and Capt. Natli. Basse were members of his council. VIRGINIA CAROIOBUM. 79 more a liar, and threatening to knock him down was placed in the pillory for two hours.' John Pott the acting Governor, at the time of Harvey's arrival, was an educated physician, careless in business, fond of good living, and a jovial companion.* He had pardoned Edward Wallis who had been convicted of murder and restored his privileges. He was also charged with keeping some cattle which did not belong to him. Harvey had not been at Jamestown but a few weeks, when he ordered Potts' arrest, who was at his plantation called Harrope, seven miles from Jamestown. He appeared before the General Court on the ninth of July, 1630, and before a jury of thirteen was tried for stealing cattle. The first day was occupied in pleading and KingswelP an old planter testified adversely. The next day Pott declared that the witness was unreliable and hypocritical, and told the story of Gusman of Alfrach, the rogue.* .ening, 1, 553. George Sandys on April 9, 1633, in a letter to Samuel Wrote, of London, iuding to Pott, writes : "I have given from time to time the best councell I am ,ble, at the first, he kept companie too much with his inferiours, who hung upon him, while his good liquor lasted. After, he consorted with Captaine Wliitaores, a man of no good example, with whom he is gone into Kicotau, yet whereso- ever he bee, he shall not bee without reach of my care, nor want for any thing that I or my credit can procure him "^ Virginia Vetusta, p. 137. 3 \ Bichard Kingswell, a planter on the neck of laud, near Jamestown, came in 1610, in the ship " Delaware ;" his wife Jane, in 1616, arrived in the "Susan."' ■t Reference may be had to the hypocrite and Spanish spy, Don Juan'of the house of Gusman, who with Captain Henry Duffield was employed, by the King of Spain, lo go to England, and burn ships with wild fire. Don Juan Gusman in his narrative declared that ho reached Ireland in a ship, and was seized by the servants of Mahona, and taken to his castle and from 80 VIRGINIA GABOLOBUM. The jury declared him guilty, but G-overnor Harvey de- clined to pronounce judgment, until he consulted the king, and he wrote to England that Pott " was the only physician in the colony, skilled in epidemical diseases," and suggested that his estate should be restored in view of his long resi- dence, and the value of his services. Elizabeth, the doctor's wife, impelled by affection, after a dangerous voyage reached London, in September, after an absence of ten years, and with earnestness pleaded for her husband. The case was referred to commissioners who reported that the condemning of Doctor Pott " for felony "was very rigorous, if not erroneous, and recommended his pardon which the king granted. During the autumn of this year an expedi- tion of two hundred men under Captain Mathews was sent to search for mines beyond the Falls of James Eiver, but overtaken by winter, returned without important results. William Claiborne continued during the whole of this year in England. John Winthrop, and associates, in 1630, entered Massachusetts Bay, and settled Boston, and the next spring his friends in London, contracted with Claiborne still there, to bring to Boston, from Virginia, forty tons of Indian wheat. A son of Winthrop writes from London, to his father; "This corne we understand they buy of the natives there, for trucke, there is great store all alongst tbence was sent to the Barl of Desmond, where he was examined by a legate of the Pope and escaped suspicion by a forged passport, and then went to liimerick, where he attended the church of England, and assisted to expel cattle stealers. This story was a tissue of falsehoods. In April, 1594, his companion Henry Duffield, and a son of the Earl of Desmond, were confined in the Tower of London, charged with burning her Majesty's ships at Chatham, at the instiga- tion of the K. of Spain. VIBGIJVIA CAJtOLORUM. 81 the coast, from a little to the southward of you, to Florida beyond, to be had for toyes, beadea, coper, tools, knives, glass, and such like.'" On the 16th of May, 1631, the king issued a commission to his " trusty and well beloved William Oleyborne one of the council, and Secretary of State for our Colony of Virginia, and some other adventurers," to keep an interchange of trade with Nova Scotia and New England, and to trade for furs and corn in any region for which there is not already a patent granted to others for sole trade." Under this permit Clai- borne returned to Virginia, and established trading posts at Kent Island in Chesapeake Bay, and at Palmers Island in Susquehanna River. Among those prominent at this period in colonizing Virginia, was Daniel Gookin' of Cariggaline, a few miles south of Cork, on the shores of Cork Harbor, Ireland. In 1621, he determined to begin a plantation, in Virginia, near that of his friend Sir William Newce,' and his brother Thomas Newce. In August of that year, the London Company wrote to the Governor of Virginia that he was about to transport cattle from Ireland and used these words, "Let him have very good Tobacco for his cowes now at his first voiadge, for if he makes a good return it may be the occasion of a trade with ' John Winthrop, Jr., In Mass. His. Soo. Coll., 5th Series, Vol., VIII, p. 30. ' He was the son of John Gookin of Ripple Court, Kent County, England, and with his brother Sir Vincent, settled in Ireland ; Vincent settled at Bandon, Cork County. 3 Captain, afterwards Sir William Newce, laid out a suburb of Bandon called Newce's Town, and in 1613, was mayor of Bandon. He was appointed marshal of Virginia, and in October, 1623, arrived there at Newport NewB, and soon died. 11 82 VIBGINIA CABOLOBUM. you from those parts [Ireland] not only with cattle, but with most of those commodities you want att better, and easier rates, than we from hence, shall be able." Gookin in November,^ arrived at Newport News in the ship Flying Hart, Cornelius Johnson, a Dutchman, being master thereof, and established a plantation where he made a brave stand against the Indians the following March. Soon after the massacre Governor Wyatt and wife paid him a visit, and he returned to England in the ship, which brought the news of the slaughter of more than three hundred of the settlers. In 1623, the ship "Providence" again brought more servants for his land, and he may have been a passenger, but after this time he does not appear to have been a resi- dent, for any long period. It is probable his son Daniel, attended to affairs in Virginia, while he looked after his interests in England and Ireland. In a petition dated March 11, 1631, he mentioned that he has been " for many years a great well wisher to new plantations, and a planter and adventurer in most of them " and asks for a grant of a cer- tain island which he "is credible informed lies between the 'The Governor and Council of Virginia under date of January, 1623, wrote to the London Company : " There arrived here about the 23 of November, a shipp from Mr. Gookin out of Ireland wholy uppon his owne Adventure, withoute any returne at all to his contract wth you in England, w'ch vras soe well furnished with all sortes of p'visiones as well as with Cattle as we could wyshe all men would follow theire example, hee hath also brought with him about 50 men upon that Adventure, besides some 30 other Passengers, we haue accordinge to their desire seated them at Newport's News, and we doe conceive great hope yfF the Irish Plantation p'sper, yt from Ireland greate multitude of people will be like to come hither ******** Mr. Pountis hath had some, conference with ye Mr. of the Irish shipp, a Dutchman, whose name ys Corne- lius Johnson of Home in Hollande, who is soe farr in loue with this Countrey, as he intendeth to returne hither." VIBOINIA CABOLOBUM. 83 60th and 65 th degree of north latitude, named St. Brandon or Isle de Verd, about three leagues, from the Blasques of Ireland." De Vries, the Dutch captain, writes that on the 20th of March, 1633, he "anchored at evening, before New- port Snuw, where Uved a gentleman of the name of Goe- gen" [Gookin]. On the 21st of June, 1631, died the great adventurer Cap- tain John Smith, whose stories were as wonderful as those of the traveler Coryat. During the brief period he lived in Virginia, he quarreled with Francis West, brother of Lord Delaware, and others, and was sent home in disgrace.' In a letter to Earl of Salisbury, Lord High Treasurer, dated Oc- tober 4, 1609, from Captain John Eatcliflf is the following : " We heard yt all the counsell, were dead, but Captain Smith the President who reigned sole governor without assistants and would at first admitt of no councill but himself. This man is sent home to answer some misdeamenors whereof I persuade me, he can scarcely clear himself from great im- putations of blame." Wingfield mentions that he had been a beggar in Ireland, and in a letter to Lord Bacon, in 1618, Smith writes relative to some scheme : ^ " Should I present it to the Biskayers, French, or Hollanders, they have made me large offers, but Nature doth binde me thus to begge at home, whom strangers have pleased to make a commander abroad." In a description of New England, which accompanied this letter, he also wrote : " Lett not the povertie of the author cause the action to be less re- • Spelman's Relation quoted p. 53. = The entire letter from the original, in the British Public Record Office, has been published in the American Antiquarian Society Proceedings for 1870. 84 VIRGINIA CAROLOBUM. spected who desyres no better fortune than he would find there. In the interim, I humbly desyre y°' Honor would be pleased to grace me with the title of y°' Ld'ps servant. Not that I desyre to strut upp the rest of my days in the chamber of ease and idleness, but that thereby I may be the better countenance for this my most desyred voy- age." After Smith had published a book on Virginia, George Percey who had lived more than five years in the colony, wrote^ to his brother the Earl of Northumberland, of a work containing " many untreuthes," wherein the Author " bathe nott spared to apropiate many deserts to himselfe which he never p'formed and stuffed his relacyons w"" so many falseties and malycyous detractyons." G-eorge, Earl of Kildare, wi-ote to the Secretary of State, on April 21, 1630, that he had chosen a Captain Smith to live with him, ' ' who through unfortunate disasters in his Majesty's service is a subject of pity." The Virginia Company, after he came back from Jamestown, never gave him their confidence, and he was used for a time by the New England companies. In his last days, he was befriended by Sir Samuel Salton- stall, Kt., a relative of Sir Eichard Saltonstall, Kt., one of the founders of Massachusetts. Wye, the son of Samuel, a graduate of Oxford, in a translation of a History of the World by Hondius, published in 1635, inserted a portrait of Smith . The quaint historian Thomas Fuller who knew Smith gave the following estimate of his General History : " From the Turks in Europe, he passed to the Pagans in America, where such his perils, preservations, dangers, deliverances ■ See Virginia Vetusta, published by Munsell's Sons, Albany, N. T., 1885. VIMGINIA GAMOLORUM. 85 they seem to most men, above belief, to some, beyond truth. Yet we have two witnesses to attest them, the prose and the pictures both in his own book, and it soundeth much to the diminution of his deeds that he alone is the herald to publish and proclaim them." The remains of Smith were interred in Saint Sepulchre's church, chiefly erected by the ancestors of the Popham family, next to a fair and large inn, without Newgate, called the Saracen's Head, where an old chronicler mentions that "the carriers of Oxford do lodge, and are there on Wednesday or almost any day " and here Smith in the poverty of his last days may have often lounged, an appropriate place to tell the story of his taking three Turks' heads. But a few days after his burial the Privy Council appointed a new commission to consider how the plantation of Virginia now standeth, and to consider what commodity may be raised, in those parts." The com- missioners* were chiefly members of the old London Com- pany and George Sandys who had returned from James- town wished to be Secretary of the body. A vigorous effort was made to restore the charter of the old Virginia Com- ■ Rymer, Vol. XIX, p. 301. The commissioners were : Earl of Dorset, Sir Kenelm Digby, Knight. Earl of Danby, " John Zouch, Kt. Sir John Coke, Knight, " John Davis, Kt. " Robert Killigrew, Kt., " John Banks, Esq. " Thos. Boa, " Samuel Wrote. " Robert Heath, Kt., " George Sandys, Esq. " Heneage Finch, Kt. " John Wolstenholme, Esq. " Duddli-y Diggs, Kt. " Nicholas Ferrar, Esq. " John Wolstenholme, Kt. " Gabriel Barber, Esq. " Francis Wyatt, Kt., " John Ferrar, Esq., " John Brooke, Kt. " Thomas Gibb, Esq. 86 VIRGINIA GAEOLORUM. pany, by the Ferrars and others, but the colonists, who at the time of its abrogation preferred the officers appointed by the London corporation, to the place hunters sent over by the king, had begun to reap the fruit of their own in- dustry and were more independent, and they were opposed to any step that would again make them the serfs of Lon- don merchants. While a new charter was prepared, the king at the last wisely refused his approval.^ Some of the founders of Boston and the adjacent towns in Massachusetts, were connected by social and family ties with the leading planters in. the valley of the James Eiver. Rich- ard, the eldest son of Sir Richard Saltonstall, Kt., in Novem- ber, 1631, visited Virginia, on his way to England to be married.^ Herbert Pelham born in 1546, married the sister of Lord Delaware, the Grovernor General, and of Francis West, Deputy Governor of Virginia. His son Herbert, by his first wife, in 1599, married Penelope, another daughter. Her daughter also named Penelope, married in Boston the well known Governor, Richard Dillingham, and her son Her- bert, born in 1600, was the first treasurer of Harvard Col- lege. The daughter of Herbert married Governor Josiah Winslow of Boston. William Brewester, the leader of the Plymouth seperatists when a young man was in the service of William Davison, ' On March 3, 1633, a communication from Whitehall was received by the Attorney General that the old Virginia adventurers having accepted a new charter of restitution, he should not pass any grant or patent without a proviso or exception of all formerly granted to the late Virginia Company. " In Hotten's List of Passengers in the " Suzan and Ellin" for New England, appear the names of Richard Saltonstall 33 yeai's, his wife Merriall 33 years, and babe Merriall 9 months old ; also the following: " May 15, 1635, Penelopy Pelham 16 years to passe to her brothers Plantacon." VIRGINIA CAROLOBUM. 87 ambassador of Queen Elizabeth at the Hague, and while there an elder of the Presbyterian church at Delft/ and soon after Brewster landed on the New England coast, Chris- topher, the second son of his employer, arrived at James- town, as Secretary of the Virginia Colony. Before the close of the year 1632, trading vessels fre- quently passed from Virginia to New England. The bark, Warwick, of about eighty tons burthen, with ten pieces of ordnance under Captain Walter Neale, was sent by London merchants in March, 1630, "for the discovery of the great lake in New England so to have intercepted the trade of beaver " and arrived about the first of June at Piscataqua. After returning to England, the owners sent her again with ' ' a factor to take charge of the trade goods, also a soldier" for discovery." The factor was Henry Fleet, whose arrival from Virginia in 1627, had created in London a great interest. The' " Warwick," on the 19th of Septem- ber, 1631, again cast anchor in Piscataqua harbor, and from thence sailed for Virginia, John Dunton being master of the vessel. After a short stay in the James Eiver, the ship entered the Potomac river, and Fleet stopped at the Indian village Yowaccomoco, where he had traded before, and in time, to be the capital of the Province of Maryland, by his advice, a province whose charter had not then been written. Purchasing eight hundred bushels of corn from the natives, ' William Boswell, then ambassador at the Hague, on March 18, 1633, wrote of the distressed state of church government among the merchant adventures at Delft., that it was entirely Presbyterian, and continued " Mr. Davison, Queen Elizabeth's ambassador was an elder in this church." (jol. State Papers. ' N. E. Hist., Gen. Register July, 1867, p. 234. 88 VIRGINIA CABOLOBUM. he sailed for New England on the 6th of December, but owing to bad weather, he did not until the 10th of January, 1631-2, leave Point Comfort. On Tuesday, the 7th of Feb- ruary, he arrived at Piscataqua with his acceptable cargo, and on the 6th of March, he went to the Isle of Shoals for a supply of provisions for a return voyage to Virginia. The " Warwick" on the 16th came to the "Winysemett" now Chelsea, where resided the hospitable Samuel Warwick, in a house, built in 1625, " fortified with a pillizado, and flankers and gunnes both, below, and above." Winthrop mentions under date of March 24, l(i31-2. "The 'Bark Warwick' arrived at Natescua having been at Piscataquak and Salem to sell corn, brought from Vii-ginia." On the 2lst of Feb- ruary, 1631-2, a legislative assembly convened at James- town, and the councillors were Francis and John West, ^ Samuel Mathews,^ William Claiborne,' Nathaniel Basse,* John Dtie," WiUiam Tucker," and Eichard Stephens.' The councillors Henry Finch, Christopher Cooling, Wil- liam Peirce and Thomas Purify were absent. For the first ' Brothers of Lord Delaware. ' Samuel Mathews, see p. 20. 3 See p. 24. * Nathaniel Basse aged 41 years came in 1622, in the ship " Furtherance ' ' After the decease of Capt. Christopher Lawne, he and his associates had Lawne's Plantation called Isle of Wight. History of Virginia Company, p. i94. s John Utie came in the " Francis Bonaventura " and settled on Hog Islan d near Jamestown. ' William Tucker, see p. 40. ' Richard Stephens arrived in 1623, and soon had a duel with George Har- rison who died a few days after, from a wound received. Governor Harvey subsequently had a fight with him and knocked out his teeth with a cudgel. After the death of Stephens, Harvey married his widow. VIRGINIA GAROLOBUM. 89 time, the first day of the week, in one of the acts of this legislature, is called Sunday instead of the Sabbath ; the act may have been prepared at the suggestion of Laud then Bishop of London, who was opposed to the use of the latter word. It was enacted "that the Statutes for comminge to Church every Sunday and holy days bee duly executed." These statutes however inclined to the strictness of the Mosaic system. Every one absent from church was fined a pound of tobacco for each absence ; if absent for a month, without good reason the penalty was fifty pounds of tobacco. At this session, it was also ordered that " Mynisters shall not give themselves to excesse in drinking or riott, spend- ing their tyme idellye by day or night, playing at dice, cards, or any other unlawful! game ; but at all tyme convenient they shall heare or reade somewhat of the Holy Scriptures or shall occupie themselves with some other honest study or exercise always doing the things which shall appertayne to honesty, and endeavour to profit the Church of God always showing in mynd that they ought to excell all others in puritie of life, and should be examples to the people to live well and Christianlike." As yet the Colony had no State House but the burgesses were required to attend divine service in the room where they held their sessions, at the third beating of the drum, an hour after sunrise, and if absent without proper excuse were fined one shilling. The increase of population led to the extension of monthly courts, and those appointed justices in March, 1631-2 (0. S.), were among the most prominent citizens, and their names are worthy of preservation. 12 90 yiEGIlSriA GAROLORUM. Monthly Courts. Upper parts of Charles City and Henrico. William Ferrar, Quorum,* Oapfc. Francis Epes, Capt. Thomas Pawlett,^ Capt. Thomas Osborne/ Capt. Thomas Palmer/ Walter Aston, Gent. Warwick River. Capt. Samuel Mathews, Quorum, Capt. Eichard Stephens, Capt. Thomas Flint, Zackary Cripps, Gent., John Brewer, Gent., Thomas Seeley, Gent. WarrosquoyacTce. Capt. Nathaniel Basse, Quorum, Thomas Jordan, Gent., Wilham Hutchinson, Gent., Eichard Bennett, John Upton, Gent. Elizabeth City. €apt. William Tucker, Quorum, William English, Gent., Capt. Thos. Willoughby, Capt. Thos. Purifrie, Esq., Quorum, John Arundell, Gent., George Downes, Gent., Adam Thoroughgood. Accawmacke. Capt. William Claiborne, Quorum, Obedience Eobins, Gent., Eoger Saunders, Gent., Capt. Thos. Graves, Quorum, Charles Harman, Gent. ' In commissions when one was designated quorum his presence was neces- sary to the validity of a meeting. ' Pawlett was 48 years of age, in 1618, came in the " Neptune." *Came in November, 1619, in the "Bona Nova." ■* Arrived In the " Tiger," in November, 1631, with his wife Joane, and child Priscilla, eleven years old. VIRGINIA CAROLORUM. 91 Three of these persons could form a legal court provided two were quorums. Appeal could be taken to the General Court at Jamestown, composed of the members of the Council. Councillor Basse, in March, was authorized to invite those of New England who disliked " coldness of climate or bar- reness of soil " to emigrate to the shore of Delaware Bay. On Monday, April 9, 1632 (0. S.), the bark " Warwick " left Boston, with a pinnace of twenty tons belonging to Samuel Maverick. The pinnace proceeded up the Potomac River, but Fleet in the "Warwick" stopped at Accomac, and on the 16th of May, accompanied by Claiborne in another small vessel, also sailed for the Potomac River. When he reached Yowocomaco he learned that Charles Harman of Accomac had been in the region, but three days before, and obtained three hundred pounds of beaver. As- cending the stream, Fleet on the 26th of May arrived at an Indian village on Potomac creek, in what is now Stafford county, Virginia,' and here he found Maverick's pinnace laden with corn, which on the first of June, departed for ' This village for years had been a point at which the English had traded. On the 30th of June, 1640, Capt. Claiborne was granted 3000 acres at the town of Potomack, bounded on each side, by the place were this fort was formerly built by the English, anno 1633. In Harpers Magazine for January, 1886, Mon- cure Conway describes an old tombstone in this vicinity which a few years ago had the following rude inscription, in letters If inches long. HERE LIES INTERED THE BODY OP EDMOND HELDER PREcTIONER IN PHYSICK AND CHYRURGB RY. BORN IN BEDFORDB SHIRE OBIIT MARCH 11 1618. S ATATIS SUA Y6. 92 VIRGINIA GAROLORUM. New England. Fleet remained and obtained a large amount of beaver from the Nacostines or Anacostans who resided where, now, is the city of Washington. On the 26th of June, his vessel anchored two leagues below the Falls of the Potomac. He passed several weeks in trading with the Indians, and on the 28th of August met a pinnace, with eight persons, one of whom was Charles Harman, a rival trader, and another John Utie of the Vir ginia Council. The latter arrested him, by order of the Council, and on the 7th of September, the "Wai'wick" anchored at Jamestown. Governor Harvey, always fond of money, saw that Fleet might be a profitable acquaintance. Fleet, in his Journal writes : The Governor bearing himself like a noble gentle- man showed me very much favor and used me with unex- pected courtesy. Captain Utye (Utie) did acquaint the Council with the success of the voyage, and every man Beemed to be desirous to be a partner with me, in these em- ployments, I made as fair weather as might be with them, to the end in question, and what they would or could object, that I might see what issue it would come to. The Court was called the 14th of September, when an order was made and I find the Governor hath favoured me therein. After this day, I had free power to dispose of myself. " The owners of the "Warwick"' in London, two years after made legal complaint that by authority of Governor Harvey, Henry Fleet had retained the ship, to their great loss. ' The " Warwick" never returned to London. Winthrop under date of June 30,1636, wrote;; "Warrant to the constable of Dorchester to inventory and apprize the rigging of bark Warwick, cast away." Harris in 1804, wrote " Near VIRGINIA GAROLORVM. 93 The legislature was in session when Utie returned to Jamestown with Fleet, and Charles Harman sat as a bur- gess from Accomac, and Nicholas Martain from the new plantation of Kiskeyake. To restrain trade among the Indians of the Potomac Eiver it was enacted that all vessels coming into Virginia waters should report at Jamestown. About this time, a small vessel was sent from Virginia to explore the valley of the Delaware Eiver, and trade with the natives, and Capt. De Vries was told by the Indians, that they had killed all on board. The year 1633, witnessed a large increase of population, a larger tobacco crop, with more attention to the cultivation of corn, and raising of cattle, and the colony was becoming a granary for New England } Among those who arrived as a planter, was William But- ton, supposed to have been the nephew of Captain Button, the Hudson Bay explorer, the name of whose pilot. Nelson, was given to that river whose waters flow from Lake Win- nepeg, into which also flow those of the Eed Eiver of Minnesota. He had been the captain of a ship in the ex- pedition against Eochelle and was not a stranger to Governor Harvey. At the request of the planters, in February 1634, tbis place [Commercial Point, Dorchester] is a Bmall creek which hears the name of ' Barque Warwick' from a small vessel which ran aground here, two or three years after the first settlement of the town, the remains of which are still to be seen." W. B. T., In N. E. Hist. Gen. Register, July, 1867, writes: " My father's estate was bounded southerly on this same creek, and the street in front of the house, in which I was born, now Commercial Street, was in my younger days ' Barque Warwick' Street." In 1632, there were 5000 bushels of corn raised and in 1634, 10,000 bushels. 94 VIRGINIA GABOLOBUM. he went to England, and presented * their wants, to the Privy Council. His mission was successful, and it was ordered that the planters should "enjoy all the privileges they had before the Virginia Company's patent was abro- gated, and that the Governor and Council, as was the cus- tom before 1625, might grant lands to freemen." For his services Button was allowed to select lands on either side of the Appomattox Eiver. He died before 1639, and his widow became the wife of Ralph Wyatt, who had been wounded in the expedition against the Isle of Ehe.' The tobacco trade had now become so extensive that Dutch as well as English ships sought the landings of the planters. De Vries, an experienced Dutch captain, on the 9th of March, 1633, in a vessel from Manhattan now New York city, reached the frail fort that had been erected by Oapt. Samuel Mathews at Point Comfort, by direction of the legislature. When he went to Jamestown he found Gov- ernor Harvey at the wharf, with an escort of " some hal- berdeers and musketeers," by whom he was cordially received, taken to his home, proffered a glass of sack, and invited to stay all night. In conversation the Governor dis- covered that he had known De Vries in the East Indies. The Dutch captain was astonished at finding so many of the planters inveterate gamblers, even staking their ser- vants, and told them he had ' ' never seen such work in Turkey or Barbary." ' Children of Hawte Wyatt, minister of Jamestown, and brother of the Gov- ernor, are said to have settled in Virginia. VIRGINIA CAROLORUM. 95 On the 15th of June, Captain Stone, whom De Vries had met at the Governor's table, sailed into the beautiful harbor of Manhattan. His relatives in England were said to have been respectable and influential people, but his bearing was that of a pirate. He strutted, swaggered, swore horribly, indulged in lewd conversation, and ignored the ten command- ments, which he had read in childhood on the tablets of parish churches. While on a carouse with Governor Von Twiller of Manhattan, he persuaded him to permit the seizing of a vessel from Plymouth colony, in charge of a member of its Council who had finished trading, and was about to return with a good cargo. Alleging that some]of the Ply- mouth sailors had spoken reproachfully of Virginia, while the merchant and several of the chief men, were on shore, Stone went aboard, with some of his crew, and compelled those in the Plymouth vessel to steer for Virginia. Several Dutch sailors who had been to Plymouth, and kindly treated there, said, "shall we suffer our friends to be thus abused before our faces, while our Governor is drunk ? " and procuring a pinnace sailed after, and brought the vessel back. The next day Captain Stone, and Governor Von Twiller were sober, and asked the captain of the Plymouth vessel not to take legal steps, to which he consented, but when Stone arrived in Massachusetts Bay to sell some cows, and salt, the Plymouth Colony sent brave Miles Standish to prosecute him, in the General Court of Massachusetts, and he was also bound over to appear in', the. Admiralty Court of England, but the Plymouth people discovering that they 96 VIRGINIA GABOLOBUM. could not make good the charge of piracy, his sureties were released. While in Boston, his conduct was boisterous, and he sneeringly called Eoger Ludlow, one of the General Court, a just ass, a play upon the word justice, which office he held. Found in bed, one night, with another man's wife, he was brought before the Governor, and "though it appeared he was in drink, and no act to be proved, yet it was thought fit he should abide his trial," and his pinnace was stayed,' but he refused to obey the warrant, and fled- Command was given to the soldiers to take him dead or alive, and he was found in a corn field near Dorchester.' Brought before the Boston court, the Grand Jury did not find sufficient evidence to sustain the charge of adultery.' The court however, in September, made this order :^ " Cap- tain John Stone for his outrage committed in confronting authority, abuseing Mr. Ludlowe both in words and be- haviour, assaulting him, calling him a iust [just] ass is fined CI and p'hibited comeing within this pattent w"" out leave from the Gou'rm't under the penalty of death." After this, with some gentlemen, he visited Plymouth, and was courteously received, but soon quarreled with the Governor, and drew his dagger.* On his return to Virginia, he sailed into the Connecticut Eiver to trade with the ' Winthrop. • Clapp. » Winthrop. * Maesachusetts^Bay Eecords, Vol. 1, p. 108. i Bradford. VIRGINIA CABOLOBUM. 97 Pequods, and his company, eight in all, were killed. Three of his men while on shore, hunting, were first slain ; then the chief with other Indians came into the cabin, and stayed until Stone fell asleep, when they killed him with a tomahawk. The rest of the crew were in the cook's room, which the Indians entering, the powder exploded by acci- dent. The Indians jumped overboard, but soon returned and killed those on board, took their clothes and goods, and burned the pinnace. Governor Winthrop of Massachusetts, wrote to Governor Harvey of Virginia, that the Indians should be punished, and thus began the Pequod war.^ In the autumn of 1633, a ship arrived at Jamestown with Edward Kingsmell and family, and a Mr. Wingate, wife, child, and forty other passengers on their way to begin a settlement in Carolana, now written Carolina, but owing to some misunderstanding they were carried to, and left in Virginia. Kingsmell instituted a suit against Samuel Vassal of London for breach of contract, and he was im- prisoned for some time. ' Jonathan Brewster the son of the Plymouth leader, in 1636, had a trading post on the shores of the Connecticut Biver, andhe wrote that it was the Pequod chief, Sassacus who killed Stone. 13 CHAPTEE IV. AFFAIRS OF THE COLONY FROM A.D. 1634 to A. D. 1638. Sbttleks of Maeyland abeivb. Thomas Coenwallis Chief COUNCILLOE, AND THEKE-FOUETHS OF MaEYLAND CoLONISTS Peotbstant in Faith. Ancestey of Coenwallis. Fiest commissionees foe plantations. woodhouse asks to be go- VEENOE. Route to Wbstken Ocean. Exploration of Dela- WAEB RivEE. Mode of Immigeation. Sie. Edwaed Veeney's son. Plantations of Mathews and Mbnefib. Notices of Stonee, Kemp, and Lidcott. Census A. D., 1635. Dispute WITH Gov. Hakvey. Lettee to Sie John Zouch. Gov. Hae- VEY GOES TO England. Sbttlees nbae Philadelphia. N"ab- EATivE OF Gov. John West. Visit of Maveeick of Boston. Gov. Haevey's eetuen. Seegbant Ma joe Donne. Noepolk County named. Capt. Thomas Stegg, Geoegk Ludlow Mee- chant. Benoni Buck the fiest Idiot boen in Vieginia. ?NDEE the charter granted, in 1632, to George Cal- vert, the first Lord Baltimore, his son and suc- cessor Cecil, helped by some friends, sent out a Colony to the Province of Maryland, in a ship and pin- nace, which on the 24:th of February, 1633-34, arrived at the mouth of the James Eiver. While Leonard Calvert, the brother of the second Lord Baltimore, was the ostensible Governor of Maryland, the VIRGINIA CAROLORUM. 99 leading spirit was the chief councillor Thomas Cornwallis,^ a man of more distinguished ancestry, and an adherent of the church of England. More than three-fourths of the first settlers of Maryland were Protestants' while those who adhered to the Church of Eome were " for the most part poor." ' Thomas Cornwallis, a meroliant, and sheriflF of London in the days of Richard the Second, was a remote ancestor of the Maryland councillor, and also of the Lord Cornwallis who surrendered to Washington at Torktown, Virginia. The great grandfather of the Maryland councillor was Sir Thomas, knighted by Queen Mary, and builder of Browne Hall. The following pasquinades appeared in his time : " Who built Brown Hall ? Sir Thomas^Cornwallis. How did he build it ? By selling of Calais." Another was " Sir Thomas Cornwallis what got you for Calais ? Browne Hall, Browne Hall, as large as a palace." His tombstone is oblong, of black and white marble, and upon it is a recumbent statue with feet resting on a stag, the family crest, and on it is inscribed " Sir Thomas Cornwallis, son of Sir John, Comptroller of the Household to Queen Mary, Treasurer of Galleys, dyed 36 Dec, 1604, aged 86." The grandfather of Thomas of Maryland was Charles, knighted by King James, and ambassador to Spain. His father was Sir William, and his mother Catherine, daughter of s^ir Philip of Erwarton Suffolk. Hia uncle Thomas married Anna, daughter of Samuel Bevercott, the predecessor of William Brew- ster, who became leader of the Plymouth Colonists, as postmaster at Scrooby. A son of the Maryland councillor, Thomas, born 1663, was Rector of Erwar- ton, and afterward of Bradley Parvain Suffolk, England. A grandson of the Couucillor William born in 1708, was Rector of Wenham Mag. and Chelmondester Suffolk. A great grandson, also named William born in 1751, was Rector of Whiters- ham and Blam in Kent and his daughter Caroline Frances, was a talented woman, scholar and authoress, who died January 8, 1858. = This fact is mentioned in a letter written by a Jesuit, to his Superior in England. The whole letter was first published in the third volume of " Records of the English Province of the Society Jesus," Burns and Oates, London, It was reprinted in this country, by the writer of this note, in Pennsylvania His- torical Society Magazine, Volume V, 1881. Reference also, to it will be found in 100 VIRGINIA CAROLORUM. The arrival of the Baltimore Colony to take possession of lands, already cultivated, and settled by Virginians, led to years of controversy. On the 14th of March, 1634, at a meeting of the Governor and Council of Virginia, Capt. WiUiam Claiborne, ' ' requested the opinion of the Board how he should demean himself in respect of the Lord Baltimore's Plantations Patent, and his deputies, now seated in the Bay, for that they had signified unto Captain Claiborne, that he was now a member of their plantation, and therefore, should relinquish all relations and depend- ence on this Colony. It was answered, by the Board, that they wondered why there should be any such question made, that they knew no reason why they should render up the Eight of that Place of the Isle of Kent more than any other formerly given to the Colony, by his Ma"" Patent, and that the right of my Lord's Grant being yet undeter- mined in England, we are bound in duty and by our Oaths to maintain the Eights and Privileges of the Colony. Nevertheless in all humble Submission to his Majestie's Pleasure we resolve to keep and observe all good Correspon- dency with them, no way doubting that they on their parts will intrench upon his the Interest of this, his Majestys Plantation." Governor Harvey, in a letter to Secretary Windebank, a friend of Lord Baltimore, vividly described the situation. " Sir : I shall put the daye wherein I did that service to my Lord Baltimore which deserved thankes from your Bradley Johnson's " Foundation of Maryland " published in 1883, by Maryland Historical Society, and in Neill's " Maryland in the Beginning," Cushings and Bailey, Baltimore, 1884 VIRGINIA CAEOLORUM. IQl Honor, into the accompt of my happie days, next unto that day wherein I was designed to doe his Majestie service in this place; and for the respect I owe to your Honor, and for the Noblenes I know to be in my Lord Baltimore and his de- signes I doe promise your Honor to do him, and his, all the service I am able, but I must sincerely let your Honor know that my power heere is not greate, it being limited by my Commission to the greater number of Voyces at the Coun- cell Table, and there I have almost all against me in what- ever I can propose, especially, if it concerns Maryland; and these proceedings of the Councell do so embolden others, that notwithstanding the obligation of Christianitie and his Maj"" commands to be assisting to them, in their first be- ginning ; many are so averse as that they crye and make it their familiar talk, that they would rather knock their Cattell in the heads than sell them to Maryland. " I am sorry it is not in my power to rule these exorbitant courses, but for their present accommodation I sent unto them some Cowes of myne owne, and will do my best to procu'.-e them more, or anything else tliey stand in need of. "This faction I find great cause to suspect is nourished from England, for this summer came letters to Capt. Mathewes who is the patron of disorder, as your Honor will under- stand by the bearer hereof. Lieutenant Evelin (and by his comportment in other matters as your Honor will find in these papers) upon the reading whereof hee threw his hatt upon the ground, scratching his head, and in a fury stamp- ing, cryed a pox upon Maryland ; many letters and secrett intelligences hee and the rest of the Councell hav^e, espe- cially Olayborne, and many meetings and consultations for 102 VIRGINIA GAROLOnUM. which Letters if I had power to search and examine their Consultations, I doubt not but to find notable combinations. I have written at large of the estate of the Oolonie to the Lords in generall, to which I remitt your Honor, humbly craving pardon for my brevity which is enforced by my indisposition of health at this tyme, so humbly presenting to your Honor, my best service and respects I take my leave and still will rest. " Your Humble, very affectionate servant, " John Harvey." "Virginia, 16th December, 1634:." In April, 1634, the King appointed Commissioners for Plantations', and among other powers, were authorized to make laws, ordinances, and constitutions, to provide for the support of the clergy with the advice of two or three bishops, to remove any Governor and appoint a successor, to choose bishop's suffragan with the advice of the Archbishop of Canterbury, and to revoke any grant of land surreptitiously obtained. Henry Woodhouse, who had been Governor of Bermuda, and served in the Isle of Ehe and Rochelle expeditions, this year, applied to be Governor of Virginia, and it was rumored that he had been appointed. A friend of Governor ' The commissioners designated in the proclamation were William Laud, Archbishop of Canterbury ; Thomas, Lord Coventry, the keeper of the Great Seal ; Kichard Neile, Archbishop of Yorke ; Richard, Earl of Portland, the High Treasurer ; Henry, Earl of Manchester, keeper of Privy Seal ; Thomas, Earl of Arundel, and Surrey, Marshal ofEugland ; Edvpard, Earl of Dorset, Chamberlain to the Queen ; Francis, Lord Cottington, the Chancellor ; Thomas Edmonds, Kt., Treasurer of the Household ; Henry Vane, Kt., Comptroller of the House- hold ; John Cooke Kt., Secretary ; Francis Widebank, Kt., Secretary. VIRGINIA GABOLOBUM. 103 Winthrop of Massachusetts, wrote from London, ' ' that there were ships and soldiers provided, and given out as carrying the new Grovernor, Captain Woodhouse,^ to Vir- ginia." In his petition, Woodhouse urged that Harvey had already served more than the usual term of three years. The appointment for some reason was delayed, and the next year the petitioner again applied. The occupation of Quebec by the EngUsh led to informa- tion of seas to the westward, and renewed the desire to dis- cover an inland passage to Asia, through North America. In the days of Queen Ehzabeth, Apsley, a London dealer in gew-gaws and playing cards, wrote to a friend, that he ex- pected to live long enough to see a letter in three months carried from London, to China, across the American conti- ' Woodhouse was Governor of Bermudas from 1623 to 1636. He was a member of the Virginia Assembly in 1647, and also in 1652, from Lower Norfolk. Among the papers in Her Majestys' Public Record oflSce, London, is the fol- lowing. " To the King's Most Excellent Matie The humble peticon of Hknrt Woodhouse. Humbly sheweth that whereas your Matie hath been graciously pleased neere four yeares past to promise your Peticoner the Governor's place of Virginia the settling of wch Plantacon hath bene of suche long continuance that yor peti- coner starveth with the expectation. And having lost £600 of his arrears, and £60 of yearly intertainment in Suffolk, never having received one penny for his employment on the Isle of Bey and Rochell. Captain Talbott enjoying the command of Tillbury Fort given by your Matie bee pleased to give a final end to his tedious suite. " Hee, therefore humbly prayeth your Matie will graciously declare your pleas- ure, and make your peticoner enjoy the happiness of your Maties favour by giveing your warrant for the drawing of his Commission whereby your Peticoner shall avoid further troubling of your Matie who is absolutaly undone without yor Maties immediate dispatch. And hee shall (as in duty ever bound) daily continue his prayers for your Maties long and most prosperous raigne." 104 VIRGINIA GAROLORUM. nent, between the forty-third and forty -sixth parallels of north latitude. In the days of King Charles, one wrote : " Now all the question is only how broad the land may be at that place from the James Eiver above the Falls, but all men conclude it to be not narrow, yet, that there is, and will be found the like rivers issuing in a South Sea c a West Sea, on the other side of these hills, as there is on this side where they run from the West, down into the East, after a course of one hundred and fifty miles, but of this certainty Mr. Henri Briggs, that most judicious and learned mathemati- cian wrote a small tractate, and presented it, to that most noble Earl of Southampton, the Governor of the Virginia Company in England, Anno, 1623, to which I refer for full information. And by such a discovery the planters of Vir- ginia shall gain the rich trade of the East Indies, and so cause it to be drawn through the continent of Virginia, part by land, and part by water, in a most gainful way, and safe and far less expenseful and dangerous than it now is. And yet they doubt not to find some rich and beneficial country and commodities not yet known to the world that lies west and by south now from the Plantation." Joseph Mede on Sept. 14, 1623, wrote to Sir Martin StufeeviUe ; ' "It is said that Capt. Button hath discovered the Hudson's passage so far, as it is supposed, he came up to the Virginian Bay." In 1630 the bark " Warwick " arrived at the mouth of the Piscataqua Eiver, New England, with a party sent for " dis- covery of the great Lake " and m 1633, Thomas Young, born in London, more than fifty years of age, petitioned ' Court and Times of Charles the First. VIRGINIA GABOLOBUM. 105 the King to be allowed at his own charges, to discover and search the unexplored parts of Virginia and adjacent regions, and that he would "graciously be pleased to signifie by His royaU letters to all the colonies of America, and in very particular manner the Governor and OounceU of Virginia, and to let them understand that he is well satisfied of the fldelitie, allegiance, loyaU proceeding, and great devotion of Mr. Young, to his Majesties Service^ and that therefore he hath employed him, together with his nephew, Mr. EobertEvelin."' On the 23d of September, 1633, a special commission' was issued to Young, authorizing him to fit out ships, appoint officers, and make explorations without molestation from any of the colonial authorities of America. Among his assistants were a surgeon named Scott, and Alexander Baker, of St. Holborn's Parish, Middlesex, who had been con- fined " in regard of some questions which occurred long ago concerning conscience, but now at Uberty," who was to be the cosmographer, examiner of mines and trier of metals. ^ In April, 1634, Young wrote to Secretary Windebank, that he wished to sail as soon as possible and "that he be pleased to send for Mr. Robinson, the King's searcher at Gravesend, and to signifie to him, in his Majesties name that Mr. Young, his nephew Mr. Evelin, Mr. Baker his Cosmographer, and Mr. Scott his Phisition, have already ' Toung'B letter is given in full in Scull's Bhelyn» in America, pp. 55, 56. " Robert Evelyn, second son of Robert of Qoodstone, Surrey, and wife Susanna , daughter of Gregory Young, of London, was born about A. D. 1595. 3 Rymer, Vol. XIX. * Scull's Evelyns, p. 67. 14 106 VIRGINIA CAROLORUM. given satisfaction to his Majestie, in swearing their allegiance, and that therefore, they are not more to be questioned in that point. * * * * Mr. Young humbly desires that some verie particular order may be given by His Majestie to my Lord Keeper for the pressing and keeping private of these articles from being seene or knowne by any. Pray, Sir, remember to ask if their be anie new Governor shortly to be made in Virginia."^ On the 16th of May, 1634, he was able to sail from Fal- mouth, with two vessels, but on the voyage was exposed to storms, and the larger ship became leaky. On the 4th of of July he had reached Point Comfort, and Captain Clai- borne of the Isle of Kent, in a small bark, arrived about the same time and passed the night on board his ship. The next day he had an interview with Governor Harvey, and Thomas Cornwallis, the chief councillor of the new province of Maryland, and then visited Jamestown. On the 20th of July, his ship being repaired and provisioned and shallop built, he proceeded on his exploration of the Delaware Eiver. On the 23d of August, he reached a lesser river which feU into the Delaware, supposed to have been the Schuylkill, and remained five days trading with the Indians, and then continued his ascent, and on the 29th reached shallow water. On the 1st of September, Lieutenant Robert Evelin went up in the shallop to the Falls of the Delaware. While the Dutch at Manhattan occa- sionally traded with the Indians, their post, Fort Nassau, was not then occupied. In a report written from the shores ' Scull's Eveljns, p. 68. VIRGINIA GAROLORUM. 107 of the Delaware Eiver on the 20th of October, to "Windebank, Secretary of State, he discloses his hope of fiading a passage to the Pacific ocean. His words are : " I passed by the great river, which I mention to your Honour, with purpose to have pursued the discovery thereof till I had found the great lake, from which I am informed this great river issueth, and from thence I have particular reason to believe there doth also issue some branch, one or more, by which I might have passed into that Mediterranean Sea, which the Indian relateth to be four days journey beyond the moun- tains ; but, having passed near fifteen leagues of the river, I was stopped from further proceeding by a ledge of rocks which crosseth the river over, so as I could not get over with my vessel, by reason of the shallowness of the water, which at high water riseth not above a foot and a half over the rocks, and at low water the rocks are discovered five or six foot deep, so that I determined against the next summer to build a vessel which I will launch above the rocks, in which I propose to go up to the lake [Lake Erie ?], from whence I hope to find a way that leadeth into the Mediterranean Sea [Lake Superior ? ] ; and from the lake, I judge, that it can- not be less than 150 or 200 leagues to the North Ocean; and from thence I propose to discover the mouths thereof, which discharge themselves both into the North and South Seas. But if I fail in arriving at the lake, which I am confident I shall not, I will then take with me out of my vessel both workmen, and provisions which shall be portable, for the building of a small vessel, which I will carry those four days journey over land, with a competent number of men, and then I propose to cut down wood, and fit up a vessel upon 108 VIRGINIA GAEOLOBVM. the banks of that sea, and from thence make my discovery.'" Evelin left Jamestown, with this letter about the middle of December, and during the last week of May, 1636, he sailed again for America to join his uncle Young upon " special and very important service." The exploration of the Delaware Eiver above the Falls appears to have been abandoned, and an attempt to reach the great inland lake was made by the Kennebec River. Maverick, in his description of New England, writes :' " This is a great and spreading Eiver, and runes very neer into Canada. One Captaine Young and three men with him, in the yeare 1636, went up the River upon discovery, and only by Carying their canoes some few times, and not farr by Land came into Canada River, very neare Kebeck Fort, where by the French, Capt. Young was taken, and carried for fErance, but his Company returned safe." The Secretary of the Colony, under Harvey, in a report, to the King's Secretary, mentions that "of hundreds of people who arrived in the colony, scarce any but are brought in as merchandize, to make sale." Agencies were established in London, to procure servants for persons dis- posed to invest money in tobacco plantations. Amid the meaner sort of immigrants, occasionally landed some man of family, and education, broken in fortune and reputation, or some youth under the displeasure of parents, sent away from home. Thomas, a son of Sir Edward Verney, in 1634, fell in love with one, whom his parents did not wish ' Aspinwall Papers. • Flrat printed in New England Hist, and Gen. Register, January, 1886. VIRGINIA CABOLOBUM. 109 that he should marry, as he was only about nineteen years of age, and the girl lower in social rank. After anxious de- liberation it was decided to send him to Virginia, and the mother opened a correspondence with an immigration agent who lived in Bucklesbury, Oheapward, London, a street at that time on both sides occupied by grocers, apothecaries, and dealers in smaU wares. His reply is worthy of preser- vation, as it contains the best description of the mode of pro- curing servants and their transportation to Virginia, at that period. He writes with the directness of one experienced in his business: "If it will please Sir Edmond and your ladyshipp to bee ruled by my aduise your sonne should haue with him iij servants, at least, which may bee had heare, at a dayes waminge ; but indede I desiered if it were possible to have him bring a cooper out of the countrey, which wee cannot get soe redily here. " Every seruant hee sends ouer will stand him in xij" his passage, and apparel fit for him, with other charges. After his cumming into Verginia I doubt nott but my frends, I haue there, hee shall bee well acomodated for his owne person, and at a resonable rate, and his men maye likewise be taken off his hande, and dyated for theyre worke, for the first yeare, and with some advantage to your sonne be- sides ; then, the next yeare, if hee shall like the country and be mynded to staye, and settel a plantation himselfe, these servants will bee seasoned, and bee enabled to direct such others as shall bee sent vnto him, from hence, hear- after ; or if hee shall nott like the country then he may sell theyre tyme they haue to Serve him, vnto other men that have neede of servants, and make a good beneffltt of them, 110 TIBGIJSriA GAROLOBUM. as alsoe of all such thiugs as he shall carry with him, for ther is nothing that we carry from thence, but if it cost 20s. heare, they doe geue there for it 30s. ' ' Now, for his owne proper acomodation I must intreat your Ladiship that he maye bring up with him a fether bed, bolster, pillow, blanketts, rugg, and 3 payre of sheets vnless you will please they shall bee bought heare ; it is but a spare horse the more to bring them up. And let not his staye be longer. If hee had come up nowe I had then bespoake for him that accommodation (in regard to the inti- masie I haue with the owners of this ship) which he cannot haue in every ship, that goeth thether ; for he should have layne in the greate cabbin, but I am afeared if wynde fayre for them to be gone, they will not staye past iij or iiij days longer at most. But howeeuer ther shal bee nothinge wantinge in mee to doe the best I can to get him the best acomodation I maye in some other shipp, if hee doe cum toe late. "Madam, the reason why I intreat your ladyshipp that hee may haue with him, for his own particular vse a fether bed, bolster, blanquetts, rugg, curtaynes, and vallance, is that although many howsholds in Verginia are soe well prouided as to entertayne a stranger with all thinges necessary for the beUy, yet few or none better prouided for the back as yeat them to serve theyre own turnes ; therefore 'tis neces- sary that hee bee prouided. " Now, if it will please your ladiship that he maye haue ij men with him, I haue hear inclosed, and he might cum time enough to goe awaye in this shipp which I soe much VmaiRIA CAROLOBUM. \\\ desier hee should goe, for the good acomodation that I am suer he wold haue there. " The charge for himself and ij men, with the provisions which is needful! for him to carry will come toe 56 li, more or less, and if you shall think fit toe lett him haue a third man, it is but xll" more, and truly it is the opinion of all that I haue conferred with that it is a greate deale better for him to haue som seasoned men of his oj^ne, when he goes to setteU a plantation, than to haue aU fresh men, because these men maye bee inabled to direct others that hee shall haue hereafter.'" In August, young Verney, with his men, barrels, and baggage^ was received on board the good ship called the "Merchants Hope" of London, whereof was "master* under God, Robert Payge," then "riding at anchor in the river Thames and bound to Virginia." In 1634, there were two planters in Virginia that were sur- rounded with many comforts and some of the luxuries of life. Above Newport News, at Blunt Point, was the home of Samuel Mathews, perhaps the wealthiest man in the colony. His wife was the daughter of Sir Thomas Hin- ton, now one of the Council in Virginia. His wife's brother William Hinton, was a gentleman of the King's Privy Chamber. Sir Thomas Hinton had married a second time ' Verne7 Papers, Oamden Society Publieation. • His freight bill was £117 18s. 6d. 'Robert Page was a well known ship captain in the Virginia trade. Verney ultimately settled in the West Indies. 112 VIRGINIA CAROLOEUM. in 1622, the rich widow' of Sir Sebastian Harvey, Lord Mayor of London. His house was comfortable, and he employed many ser- vants. His plantation was a miniature village, flax and hemp were there woven, cattle and swine were raised for the ships outward bound, hides were tanned and leather made into shoes. His dairy was large, and poultry was abundant. He was kno\jn as one who " lived bravely, kept a good house, and was a true lover of Virginia." A few hours sail from Blunt Point and nearer Jamestown, was the next most attractive place owned by an enterpriz- ing merchant, G-eorge Menefie. His large garden contained the fruits of HoUand, and the roses of Provence, and his orchard was planted with apple, pear, and cherry trees, and here the peach was cultivated for the first time in North America. Around the house were rosemary, thyme and majoram, favorites of that age.* Four years before John Harvard bequeathed his estate to the college near Boston, which bears his name, Benjamin Symmes of Virginia, left the first legacy by a resident of the American plantations of England, for the promotion of edu- cation. By his wiU made Feb. 12th, 1634-5, he gave two ' See page 21. 'Perdita in Shakespeare's Winter's Tale, says : " Give me those flowers there, Dorcas. Reverend Sirs For you there's rosemary and rue, these keep Seeming, and favour all the winter long." In the game Act, again " Here's flowers for you Hot lavender, mint, savory, majoram." VIRGINIA GAROLORUM. \\% hundred acres on the Poquoson, a small stream which enters the Chesapeake Bay between Yorktown and Point Comfort, "with the milk and increase of eight cows for the main- tenance of a learned and honest man to keep upon the said ground a free school, for the education and instruction of the children of the adjoining parishes of Elizabeth city and Kingston, from Mary's Mount' downward to the Poquosen river." A few years after his death, in a little pamphlet,^ the author wrote : " I may not forget to tell you we have a free school, with two hundred acres of land, a fine house' upon it, forty milch kine, and other accommodations. The bene- factor deserveth perpetual mention, Mr. Benjamin Symmes,^ worthy to be chronicled. Other petty schools we have. " ' Capt. Wollaston of " Maire Mount" now Quinoy, Mass., about 1636, writes. Bradford " transports a great part of ye servants to Virginia, and goes himself." Did he settle on the shores of James River, at Mary's Mount near Elizabeth city? = " ^ Ptrfect Description of Virginia" 1649. 3 By the provisions of the will, the moneys arising from the first increase of cattle were to be used to build a school house. The profits from the subsequent ■ sales of cattle, for the support of poor children. * Benjamin Syms, written also Symmes and Simes was probfibly the same person, who in 1623, was living at Basse's Choice, and about 83 years of age. In 1624, at this point died a Margaret Symes. In 1629, Thomas Warnet the mer- chant of Jamestown, bequeathed Benjamin Symes a weeding hoe. He was evi- dently a honest, religious, and childless planter. In March, 1642-3, the Vir- ginia Assembly, passed the following : " Be it enacted and confirmed, upon consideration, had of the godly disposition and good intent of Benjamin Symmg deceased, in founding by his last will and testament a free school in Elizabeth county, for the incouragement of all others, in the like pious performance, that the said will and testament with all donations therein contained concerning the free school and the situation thereof in the said county, and the laud apper- taining to the same, shall be confirmed according to the godly intent of the said testator without any alienation or conversion thereof to any place or county." 15 114 VIRGINIA GAROLOnVM. John Stoner was sent by the King, in the autumn of 1634, to act as agent in making a contract concerning tobacco, and to be one of the Virginia Council, but died on the voy- age. In December, 1634, Eichard Kemp, who had been ap- pointed Secretary through the influence of the Earl of Pem- broke, arrived, and he sent the answer of the colony to the proposition that the King should have the sole preemption of tobacco. Robert Lidcott,'a son of Sir John, was at this time in Virginia. He was connected with Edward Palmer,^ the benevolent man who before 162.5, projected a college and art school, to be situated on Palmer's Island in the Sus- quehanna near its mouth. Francis Pott, the brother of Governor Pott, early in 1635, was removed from the command of the fort at Point Com- fort, and Capt. Francis Hook, a naval officer who had been on duty with his ship upon the Irish coast, was appointed. By a census taken about February of this year ' there were ' Sir John Lidcott was the brother-in-law of Sir Thomas Overbury, the victim of intrigue poisoned in the Tower ol London. The wife of Sir Thomas Over- bury, was the aunt of Edward Palmer. = For a notice of Edward Palmer and proposed School of Art, see Virginia Veiusta, Munsell's Sons, Albany, 1885, pages, 183-184. 3 Census of A. D. 1634-5. " A list of the number of msn, women, and children InhaUtinge in the aeverall counties wth in the Gollony of Virginia Anno Dmi 1634. Imprimis from Arrowhattock to Shirley Hundred, on both sides the river, being within the Countie of Henrico. 419 Item, from Shirley hundred Hand to Weysnoake on both sides the River, being wthin the countie of Charles Citty. 511 VIRGINIA GABOLOEUM. 115 found to be five thousand men, women and children in Virginia. The relations between Grovernor Harvey and his Oouncil- loKs became less pleasant every year.^ In open court he would revile them " and tell them they were to give their attendance as assistants to advise with him," but that "the power lay in himself to dispose of all matters as his Majes- ty's substitute." During the month of January, he re- ceived a letter from the King, which he acknowledged and wrote that on the 20th of February he would communicate it to the General Assembly. He however, detained certain letters to the King, which had been prepared by the planters, Item, from Upper Cheppeako Creek to Lawne's Oreeke on the Southward side and from Checohominey River to Creeke on the northward side of the river, being wth in the countie of James City. 886 Item, from Lawne's Creek to Warrosquyoake Creeke on the southward side of the river, being within the Countye of Warrosquyoake. .523 Item, from Ketches [Keith' sj Creeke & Mulbury Hand to Marie's Mount on the northward side of the river being wth the countie of War- rick River. 811 Item, from Maires Mount to Foxhill wth the Plantations of the Back river & the old Pocoson river on the Northward side, and from Elizabeth river to Chesepeake River on the Soutliward side of the river being wtU in the countie of Elizabeth Citty. 859 Item, in the Plantations of Kiskyake, Yorke & the new Pocoson, being within the countie of Charles River. 510 Item, in the Plantations on the Esterlie side of Chessepeake Bay, being within the countie of Accowmack- 396 The whole number is 4,914 " After this list was brought in, there arrived a ship of Holand with 145 from the Bermudas. " And since that 60 more in a English shipp wch likewise oame from the Ber- mudas." State Papers Golonial, Vol. VIII, 35. • See Appendix, for letter of Mathews, to Sir John Wolstenliolm. 116 VIR&IJSriA GAROLOBUM. and a petition was presented to the Council asking some redress from the evils they suffered. Late on the night of the 27th of April, 1635, Governor Harvey was informed that there had been a meeting at York, in the house of William Warren, which had been addressed by Francis Pott, Capt. Martin, and William Eng- Hsh, sheriff of the county, severely commenting on the course of the Governor. The next day the speakers were arrested, brought to Jamestown and ironed. During the day Francis Pott was before the Council, and produced the paper mentioning the grievances of the Colony which he had sent on to York. On the 29th the Council again met, and the Governor wished that those under arrest should be tried by martial law, but most of the Councillors insisted that the case be- longed to the civil law. The Governor sat in a chair with a " frowning counte- nance," and ordered the Councillors to be seated. He then drew a paper from his pocket, and said he was about to propose a question, and required each one, without con- sulting with his colleagues, to give an answer in writing. The query was " What do you think they deserve, that have gone about, to persuade the people, from their obe- dience to his Majesty's substitute ?" Mr. Menefie was the first Councillor addressed, who replied that he was ' ' but a young lawyer and dare not upon the sudden deliver his opinion." William Farrar began then to make some re- marks as to the unreasonableness of the request, when he was silenced, and told not to speak out of his turn. Samuel Mathews said there was no precedent for his strange course. VIRGINIA CAROLOBUM. 117 Others also expressed their disapproval, and after crimina- tions and recriminations the session of the Council closed. When they again met he sternly demanded why they had procured a petition against him. Menefie answered that a chief cause of the displeasure ■was his detaining certain letters that had been addressed to the King and the Lords. "Do you say so ? " quickly said the Grovernor. ' ' Yes, " was the cool, but firm reply. Harvey angrily moving toward him struck him on the shoulder and said, " I arrest you on the suspicion of treason." Captain Utie in return, being near, said, " We, the like to you, Sir." Mathews seeing that the Governor had lost control of him- self firmly placed his arms around him and said, ' ' There is no harm intended against you, sit down in your chair, and listen to the complaints of the colonists. " Harvey insisted that they had no grievances and this meeting ended. After this, Capt. Purfury, a Councillor friendly to the Governor, wrote that he feared the people would proceed to violent measures. The Governor then held another confer- ence with his Council, on the 30th, and his commission was read, when the Councillors who had opposed him, agreed that they would assist him, if he would confoi'm to his Majesty's pleasure as expressed in his commission and in- structions. The Council deeming it expedient, issued a call for the Burgesses to assemble and consider grievances, and adjourned for six days. A guard was left for the protection of the Governor. Three days after, he left Jamestown, " and went unto the Mills, to the house of one William Brockas, whose wife was generally suspected to have more 118 VIRGINIA GAROLOBUM,. familiarity with him than befitted a modest woman," and here dismissed his guard. On the Tfch of May, the Council and Burgesses assembled, but before they organized, Secretary Kemp exhibited a threatening letter from the Governor, received that day, to which no attention was given. The next morning, the Secretary showed the Council another letter he had received, requesting that he would secretly surrender the commission of the King appointing him Governor, which the Council had already placed for safe keeping with one of their num- ber, George Menefie, until differences were settled. After resolving to send their statement of grievances to the King's Commissioners for Virginia in England, the Council until they heard from them, made choice of a temporary Gov- ernor, ' ' Captain John West, an ancient inhabitant, a very honest gentleman of noble family, being brother to the Lord Laware sometime Governor of Virginia." Sir John Zouch, one of the Commissioners for Virginia, and a friend of Mathews, in November, 1634, visited the Colony where he had a son and daughters. Governor Harvey told the Privy Council that he was ' ' of the Puritan Sect ." After remaining a few months, he and Captain Button re- turned to England. His son writes to his ' ' deare and lov- ing father " this letter now first printed. " Sr, I perceive that if the Gov' could haue done you any dispight hee would haue pursued it to the utermost, for one of the 2 Kine shot I was to receive for you ; being but a shrimpe I left at Capt. Brownes who promised to procure a letter, but was stricktly charged to retaine hir, w""" com- mand the Councell since have contradicted. The Coun- VIBGIJSriA GABOLOEUM. HQ cellors and Burgesses for the last Assembly haue fained a letter as from the Burgesses and others to the Councell com- playning of their manifould aggreevances, and desiring re- dresse from them. " The people of the lower parts mett in such troopes to set theire hands to the letter, that it put Capt. Purifie into an affright that caused him to write to the Grovern' of many incident dangers, insoemuch that hee durst not keeps. a Courte, untill hee heard from him, or had a letter from his Ma''°. Hereupon the Gov' sendeth warrants for the Councell who soone after they met, consulted about send- ing the Gov' for England, but Capt. Browne went home over night, a paine that hee had in his belly excused him sufficiently by reason hee opposed him, as did the rest. Mr. Manifie did absolutely refuse his aide in arresting him alleadging reasons that it was not fitt to deale soe w"" his Ma''" substitute ; hee went not home as hee said, but to the back river where hee debated w* himselfe, desiringe of God to confirme his resolucon or abolish it, but the losse of the Country sticking in his stomacke at last hee came, re- solved as the rest, when the Govern' did arrest him of high treason for the words hee spoke against him, at Ke- coughtan, you then present, but hee had no sooner given Mr. Menefie the thumpe on his shoulder, but Capfc. Utay tooke him by the middle, and arrested him in his Ma"" name, the rest stepping and taking hould of him likewise: looking pale, as did Kempe, hee refused to goe till hee saw noe resistance, and then hee desired their leave to chuse a Deputie who though hee spoke very mildely ever since was denyed, they meete, sending him w"" all that can object 120 VIBGIJSriA GAROLORUM. ought against him, himselfe residing at little towne, the intrir.i, forgetting and laying aside all malice formerly between them. I neede not to bee further impertinent presuming you will bee acquainted with the cause shortlie after you haue wondered att this unlooked for coming. The Maryland men haue boorded Capt. Claiborne, taken all his trade, and trading stufEe, bound his men, and cast them into the hold, besides beating and hurting them in what manner wee are not fully acquainted w"', but I hope wee shall haue a journey to the Pacowomecke. The Countrey prayeth for you both [four words torn away] you come Governor. My sisters, and all your friends are very well wh o haue obleidged mee to them by infinit curtices. Soe w"" my honest humble dutie I rest, desiring you to salute all my friends, as from mee." At the time of Harvey's deposition by the Assembly, there was a ship' about to sail for England, and after he went aboard, Capt. Claiborne arrived from the Isle of Kent with the news of the encounter between his men and the Mary- land people in the Pocomoke Eiver, and also in another tributary of Chesapeake Bay. A boat of Claiborne, under the command of Eatcliff Warner, called the Long Tail, in which was Charles Harney of Accomac with goods for trading with the Indians, was met ' ' in the river of Pocomoque" on the Eastern Shore " ' The Dutch Captain De Vries, wrote in hie journal under date of May 17, 1635, " 4 o'clock at Point Comfort, where we found a ship from London, in which was Sir John Harvey, Governor on behalf of the King of England. He was sent to England by his Council, and the people, who made a new Governor. " = Language of Bill presented to the Grand Jury at Saint Mary, Maryland. VIRGINIA GAROLORUM. 121 by two pinnaces of the Marylanders under Councillor Thomas Cornwallis, on the twenty-third of April, and a skirmish took place, resulting in the killing of Warren and two of his party, John BeUson, and William Dawson; also one of the men of Cornwallis, William Ashmore, and an apprentice, of Saint Mary. Not far from Claiborne's Island^ of seven hundred acres, near Hudson's Eiver, in the harbor of G-reat Wighcomoco, on the 10th of May, Corn- wallis met Thomas Smith, Gent, of Kent Island with Phihp Tailor, Thomas DuffiU, and Eichard Hancock. Smith was charged with felony, and piracy, and after a long delay was sentenced to be hung. Claiborne sent the following account of the affair to John Coke, one of the Secretaries of State. " Ever honoured Sir : How unhappy is this Colony to returne to his friends and welwishers a yearlly increase of infehcities, which though they seem ever at the height, yet new addition arises by some unfortunate accident. And behold now, tumults and broyles, wrongs and oppressions perpetrated with a high hand, and not without undue courses in alteration of Government, and such violence acted as hath ' In Harrison's Memoir of Christison, published by Maryland Historical Society, referring to Peter Sliarpe a pbysician, and member of the Society of Friends, he writes r " This Peter Sharpe is the same person from whom the island in the mouth of Great Choptank river takes the name it now very im- properly bears. This island has been known by several names according as it has belonged to this or that person, but the name of the Quaker physician of Culvert has clung to it, and will ever be used to designate a little patch of earth, originally 700 acres, diminishing year by year. * * * But, if purity of de- signation should be allowed to govern, the proper name of this island is Olai- iorne. In the deed of Will. Sharpe, son and heir of Peter, to John Eaton , Sept. 10, 1875, it is expressly stated that this island " was formerly known by the name of Olaiborne'a Island." 16 122 VIRQIRIA CABOLORUM. shewed itself in the effusion of native bloud, undoubtedly God will make a way for his glory, through the injustice of men, and the end will be an establishment of this long lan- guishing Colony. "These actions here befeU in a time while I at home was alsoe sett upon all sides by my cruell neighbours who have not only trampled upon all right, but contemned the express command of his Majestie under the protection whereof I deemed myself soe safe that I provided not enough against their malice, and soe perished by security, not deeming that I had such enemies or such men to deale with as would spurne at the Kings Royall commands upon them. "The particulars I need not trouble you with, these in- closed papers and relations will be too much testimony of the misfortunes that swallow us. It seems a wonder to me that Sir John Harvey always left to himselfe without vio- lence should not gaine a power to reestablish himself but all men were wronged, and even good and bad had forsaken him. A strange thing a Governor should so demeane him- self, for my part I am ignorant of all these things, and my own brothers are weight enough to presse down my thoughts. In which I shall possess patience untill it shall please God to move his May"" Royall heart, and the Lords minds to reheve and support as men wronged with as greivous pressures as ever Englishmen endured at the hands of their Countrymen. " For the future I advise as little innovation may be done as the nature of the affaires * * * and that they expect redress from the means his May"'' shall please to appoint. I desire your Candor may excuse my lynes which I desire to VIJiGIJSriA CAROLOBUM. 128 abreviate rather than to enlarge with the sad events of un- happy affaires rather coveting to mourne with in our own bossome, than to transfer to the eares of others. We beseech a speedy signification of his Majesties pleasure to * * the fury of our adversaries. In the interim we put up a sup- plication to the King of Kings to deliver us from them. I humbly take my leave and remaine. " Eliz. Citty "Your most humble servant, " 23" May, 1636. " W. Olaybobnb." In the same ship, with Harvey, sailed Francis Pott, and Thomas Harwood, representatives of the Assembly to pre- sent their complaints, and reasons for sending the Go- vernor home. Upon the 14th of July the ship reached Plymouth and upon complaint to the Mayor,' the represen- tatives of the Virginians were arrested, and Governor Har- vey, the same day wrote to his friend. Secretary Windebank: "Right Honourable : I doubt not not but that your Honor will admire at my coming, from my charge without any licence or other direction from his May"' or the Lords. But it may please your Honor to calle to mynde howe that in my last Letter concerning the afifayres of Virginia, I signified that the Assemblies being composed of a rude, ignorant, and ill-conditionede people were more lykelye to ' Plymouth officers made this report : " Jolin Martyne, Mayor of Plymouth, Robert Trelawny and John Clement to the Privy Council : "Arrival that morning of Sir John Harvey, Governor of Virginia, who gave information of a late munity and rebellion in the colony. Francis Pott having been charged aa a principal author and actor they have detained from some letters sealed up in a trunk from the mutineers, in charge of Tho's Harwood and desires to know what shall be done with Francis Pott." 124 VIRGINIA GAROLOBUM. effect mutinye than good lawes, and orders especially whilst the Councellgave them such examples; what I then feared, I soon after founde (but I must confess) their exorbitance, have by much exceeded my expectations; for presently after the departure of the ships (having received an infor- mation of some mutinous Assemblies,) I sent sent for the Councell as also warrants for the apprehending of the chieff mutineers, the Councell I called for theyr Advice in so dangerous a business: But I found them so farre from in- tending any good, that they came armed with a strength to surprise mee, and laying violent hands upon mee charged mee with Treason, for going about (as they saide) to betray theyr Forte into the hands of theyr Enemies of Marylande, telling mee I must resolve myselfe to goe presently into Englande, theare to make answer to the Countries Com- playnts against mee, forthwith setting at libertie such of the mutiny menne I had caused to be layed fast in irons. "In the next place they called an Assembly of the Bur- gesses, and some five days after made a new Grovernor, my- self being yet resident in the Countrie ; a large account of all theyre proceeds I shall with all convenient speed in per- son render unto your Honor, in the mean tyme I thought these but of Dutye. "As also to signifie to your Honor that landing at Plimouth the 24th of the month, I have made use of the Authoritie of the Mayor of the Place to fasten upon the two persons which came in the shipp with mee ; the one a person principally employed up and downe the CoUonie to persuade the Inhabitants to subscribe to a cabbal of pre- tended grievance agaynst mee, the other, expressly sent with VIRGINIA CAROLOBUM. 125 Letters for the Oouncell and their unlawful Assemblies to their Agents and abettors in Englande. I have also used the same means to fasten upon bheyr Letters which being brought to view no doubt already the malice of theyr rebel- lious Action's and Intentions may be discovered and it is to be feared that they intend no less then the subjection of Mary- land for whilst I was aboard the ship, and readie to depart the Collonie theare arrived Capt. Claborne from the Isle of Kent with the news of a hostile encounter twixt some of his people and those of Maryland and Capt. Francis Hooke tould mee that by the relation of some of Capt. Claybornes owne companye it was they who sought out the Maryland Boates which were trading among the Indians, and twice assaulted them, and that theare were some hurt and slayne on bothe sydes, and at Captain Clabornes' request two of the Coun- cell were dispatched for Maryland unto which, if those of Maryland condiscend not, they intend to supplant them and send them home as they have don mee, I presume Mr. Kemps' letter will more fully inform your Honor therein . After many troubles, and a wearisome passage I am bound to repose a day or two. I will hasten up to sende an account to your Honor of all matters concerning my Trust, in the mean tyme I rest. " Most readie to obey "your Honor's commands "John Haevey." " PUmouth, the 14th of July, 1635." It was not until the 11th of December, that the case of Harvey was formally discussed by the King and Privy Council. 126 VIEGIJSriA CABOLORUM. After the letter of the Virginia Councillors and Burgesses had been read, the King thought it was necessary to send Harvey back, even if he should remain but a day, that it was "an assumption of regal power to send hither the Go- vernor." To the charge that he had not administered the usual oaths to all who arrived in Virginia, Harvey made a denial. He also declared that while a minister named Williams had charged that one Eabent had said it was lawful to kill a heretic, that he had not shown deference to Williams be- cause he had married without a license, and that he had silenced White, another minister, because he had preached two years and had never exhibited any orders. The Archbishop of Canterbury, who was present, said that no minister ought to be allowed to go on board a ship to Virginia, unless he showed orders from the Bishop of a diocese. The Governor admitted that he had retired yir Thomas Hinton from the Council, because his language was not respectful, and that in a fight with Eichard Stephens, a councillor who had insulted him,, he had knocked out some of his teeth " with a cudgel." During the summer of 1635, a number of persons under the leadership of George Holmes, went to the valley of the Delaware Eiver, and occupied the deserted Fort Nassau "obhquely opposite," where the city of Philadelphia was laid out, about half a century afterwards, by William Penn. Thomas HaU, one of the party, for some reason ran away from Holmes,' and reaching Manhattan, informed the ' Secretary Windebank on May 23, 1686, wrote to Earl of Lindsey to give eyery assiBtance to the bearer, Lieut. Robert Evelyn, about to return in th VIRGINIA GABOLORUM. 127 Dutch authorities, of the design of the Virginians. A ves- sel was sent and they were arrested during the summer, and on the first of September, returned to Manhattan, with Holmes and fourteen or fifteen Virginians. Captain De Vries was employed to take them in his vessel to Virginia, and on the lOth of September landed at Kiquotan now Hampton, where he found twenty men in a pinnace about to sail and settle with those who had so unexpectedly re- turned.^ During the autumn of 1635, there were thirty-six ships' in the James Eiver, each carrying from twenty to twenty- " Plain Joan," to Capt. Young "on special and very important business." — Sainibury. • Thomas Hall and George Holmes became leading citizens in New Nether- land. On the 23d of March, 1639, they were both living in a house belonging to Governor Von Twiller. Calling themselves tobacco planters, in November they obtained a grant of land on East River, that portion of New York City between 47th and 53d street. In 1640, Hall sells his interest to Holmes. In 1643, Hall had become one of the "Eight Men" of Manhattan or New Amsterdam, and wag prominent for a quarter of a century. In 1649, Hall and Holmes bought lots in Lady Moody's settlement at Gravesend. In 1664, when the English took New Amsterdam now New York, Hall gave in his allegiance. • Among the ships that sailed ginia, were : Names Bona Ventura, Plain Joan, Speedwell, Thomas and John, Philip, America, Transport, Paul, Alice, Assurance, Primrose, Merchants Hope, from London in 1635, with passengers for Vir- Time. January, May, (( June, n (( July, Master. James Ricrofit. Richard Buckam. John Chappell. Richard Lambard. Richard Morgan. William Barker. Edward Walker. Leonard Betts. Richard Orchard. Isaac Brownell. Capt. DouglasB. Hugh Weiton. 128 VIRGINIA CAEOLOBUM. four guns awaiting cargoes of tobacco. The season was unusually sickly and fifteen captains died. During the fol- lowing winter great mortality prevailed among the colo- nists, and as the tobacco crop had been poor, one half of the ships were obhged to leave without freight.' The popular sovereignty exercised in Virginia found no favor with Charles the First ; and John West, Samuel Mathews, and William Pierce were ordered to be sent for,"* and Francis Pott was kept a close prisoner in the Fleet. During the year ending March 25, 1636, sixteen hundred immigrants settled in Virginia and twenty-one ships laden with tobacco had sailed from London, the cus- toms of one vessel being estimated at 3334 pounds sterling. Governor West did not come to England, but in March, Elizabeth, August, Christoplier Browne. Globe, " Jeremy Blackman. Safety, " John Grant. George, " John Severne Thomas, " Henry Taverner. David, " John Hogg. Constance, October, Clement Campion. Abraham, " John Barker. ' De Vries. " The Privy Council on Dec. 23, 1635, issued the following : " That his Maytie will be pleased to give order that Capt. John West, Samuel Mathews, and William Pearce bee sent for, into England, to answer theyre mis- demeanours, they being the prime actors in the late Mutenye in Virginia. ' ' To give warrant to the Attorney Qeaerall to have a newe Commission for Sir . John Harvey as shall bo for his Mayties service in Virginia. The Lord Balti- more desires that Mr. Secretary Windebank will be pleased if any Petition or Question should bee made touching Maryland to gett it referred to bee examined in the Countrye, in regard noe proofe can heare be made of the truthe. But if that cannot be done, then to move the Kinge to heare itt." VIRGINIA CABOLOBUM. 129 1636 wrote to the Commissioners of Plantations the follow- ing account of his election : "W"" in few days after Sir John Harvey had ex- pressed his intent to the Counsell heere of departinge the Colonye, Wee opened his Ma"" Commission wherein wee found ourselves enjoyned in case of vacancye whither by death or occasioned by publiq or private affayres to elect among our number, one to supply the place, with further command eyther from his Ma"" or your LordPi" received, w''' choice made by pluralitye of voyces his Ma''"' Commission expressly ratifyes. ' 'The Counsell with one consent were so pleased as to fasten their votes on mee to w'^'' the peoples suffrages as willingly condiscended. Neyther was presumption the cause of soe hasty a choyce, before Sir John Harvey was out of the Capes, as it is injuriously objected by some but I hope your Honours will conceive a truer and a more direct reason ne- cessitated it, for wee deferred the election untill the last day, and houre of the Counsell's sitting after w'^'' tyme it was impossible to effect it w* a full conf ormitye to his Ma'''" commission, and reserving our duetie of informacon to your Tjo'"'", the dwellings of some of the Counsell being re- mote, one hundred miles from the other of them, and from the place of the shipps ridinge, that one ship being the last of that yeare left in the river, soe that onles we had then made our choyce we could not for want of the full number of the Counsell haue daly preferred it, neyther could we have given y^Lor'"'" a satisfaction that we had still pre- served the old forme of Governm' prescribed by his Ma')" which we are resolved soe punctually to observe that (as 17 130 VIRGINIA CAROLORUM. formerly we have engaged ourselves to y" Lorf"") we shall not until further instruction swerve from thence, though but in things indifferent. If by y" Lor^P' favourable media- tion it shall please his Ma'''° to confirme the act of the coun- trye, I shall to my uttmost expresse myself a faythfuU and zealous servant, or otherwise w"" as devoted a submis- sion be ready to give up my charge where his M'''° shall place it. " Y" LorPP' may please to be informed that the Colonie hath this yeare received an increase of one thousand six hun- dred and six persons, but I find with all that muche im- putation indeservedly lyeth upon the Countrye, by the Merchants crime whoe soe pester their shipps w"" passen- gers, that though throng and noysomeness they bring noe lesse than infection among us w"*" is soe easily to be dis- tinguished from any cause in the malignitie of the clymate, that where the most pestered shipps vent their passengers they carry w"" them almost a general mortallitye w'^'' my duetye therefor prefers to y°' Lor'''' serious consideracon. Without infringing his Ma'>'" Grant to the Lord Baltimore we have taken the nearest course for avoiding of further unnaturall broiles between them of Maryland, and those of the Isle of Kent, as we find those of Maryland in o" limits we bind them in deep bondes to keep the Kinges peace to- wards those of the Isle of Kent, as also Oapt. Clayborne the Commander of the Isle of Kent, to those of Maryland. As further cause shall require your Honours shall receive an accompt.'" "This letter was dated "Point Comfort, this 38th of March, 1636," and it was received on the 19th of June, at Hampton Court. VIBOINIA CAROLORUM. \%\ Mathews, Menefie, and Peirce went to England to ans- wer the charges against them, and remained several months. Samuel Maverick of Massachusetts, passed about a year in Virginia while Harvey was absent, and in October, 1636, returned to Boston with two pinnaces, and brought fourteen heifers and eighty goats. Owing to a drought there had been a failure in the crop, and corn in Virginia this year, sold at 20 shillings a bushel, and most of the people had been obliged to live on pu rslane and other plants . One of his pinnaces, of about forty tons, was built of cedar at Barba- does, and was brought to Virginia by Captain Powell, who died, and was bought for a small sum. He interested men of science in Boston, by his narrative, as to the geology of the James River, and mentioned that there was a place about sixty miles above its mouth where the ground was full of shells and bones, and that he had seen a whale bone, but probably that of a mastodon, which had been found while digging a well, eighteen feet below the surface. Jerome Hawley, a friend of Harvey, who had been one of the gentlemen sewers to Queen Henrietta Maria, and a councillor of the Maryland Province, arrived in March, 1637, in the " Friendship " and not long after was commis- sioned by the King as Treasurer for Virginia, provided he took the oath of allegiance and supremacy, and also council- lor with the authority to collect 12 pence annual rent due on each fifty acres, which had not been collected since the dissolution of the Virginia Company.' ' Jerome Hawley was a brother of Henry, for so many years Qovernor of Bar- badoes, and of William, the signer in 1630, of the Protestant Declaration in Maryland. 132 VIRGINIA GAROLORUM. This year there was recommended to the King as mem- bers of the Council, John Sibsie/ Eichard Townsend, Eobert Evelyn,^ and Christopher Wormeley. Wormeley had gone in 1631, to Association or Tortuga Island, and, while acting as Governor owing to his negligence the Spaniards seized it, and he, making his escape, arrived in 1635, in Virginia, about the time that Governor Harvey sailed for England. Captain Walter Neale, who had been an officer of the army, in 1630 arrived at Piscataqua, New Hampshire, to seek for a great lake toward the west, but in three years returned to London, when at the request of the King he was chosen Captain of the Artillery Company of the city. After care- fully drilling the company for four years, he applied to be Sergeant Major of Virginia; but George Donne, now thirty- two years old,' obtained the appointment. Donne was the second son of the celebrated divine, John Donne, Dean of Saint Paul Cathedral, London, and led an eventful life. He had been associated with Sir Thomas Warner, in the settlement of the Isle of Saint Christopher, in the 17th degree of north latitude, and when the Spaniards under Don Frederic de Toledo captured the place, Donne was carried as hostage to Madrid, where he remained for a long time. In a letter written from London, on the 6th of ' John Sybsie or Sibsie was probably the same person who had made trouble in the Massachusetts Colony. John Sipsey was a delegate in September, 1632, to the House of Burgesses from the upper precinct Elizabeth City. » Eobert Evelyn came in 1634, with Capt. Young the explorer, visited England, returned in 1637, as Surveyor General with the rank of Lieutenant, in place of Gabriel Hawley, deceased. » Baptized May 9, 1605, in Parish Church, Camberwell, Surrey. VIRGINIA OABOLOBUM. 133 December, 1633, to Wentworth, Lord Lieutenant of Ireland, are these words : "George Donne hath broken prison, and is come into England, My Lord of Carlile was so slow in get- ting him off, that he was constrained to take this course, to corrupt his keepers, and get away." Governor Harvey, on the 18th of January7TL63ff-7, read his hew commission in the church of Elizabeth City, and called an Assembly to meet on 20th of the next month, at Jamestown. His chief councillors were Secretary Eichard Kemp, Sergeant Major George Donne, Thomas Purifye,^ Henry Browne,'' John Hobson,' Adam Thoroughgood,* 'Purifye came in 1623, settled at Elizabeth City, and at this time was about 55 years old. Capt. Thomas Young the explorer of the Delaware River, and a friend of Harvey, in a letter to Sir Toby Mathew, dated July 13, 1684, wrote that the Governor had incurred the " extreme hazard and malice from all the rest of the country, to whom I can find only two of his Council indifferent; the one of them Captain Purfree, a soldier, and a man of open heart, honest and free, hating for aught I can perceive all kind of dissimulations and baseness ; the other an honest and plain man, but of small capacity and less power." = Henry Brown or Browne was the man referred to in the last sentence of the above foot note. On July 14, 1637, he entered 3250 acres in James City County, and in November, 1643, 2459 acres. 3 John Hobson, with Nathaniel Basse and others, was associated with Christo- pher Lawne in establishing the Isle of Wight plantation. He returned from a visit to England, in the summer of 1687, in the ship "Unity," Capt. William Upton. ' Adam Thoroughgood when a boy, in 1621, came in the ship " Charles," and in 1625, was a servant of Edward Waters, who remained in Bermudas for several years after the wreck in 1609 of the " Sea Venture" and then migrated to Eliza- beth City. In 1626, he bought of John Quudry of Kiquotan, now Hampton, 152 acres, adjoining land of William Capps and William Claiborne, in Elizabeth City County. In 1629, 1630, and 1632, he was a member of the House of Burgesses, and a member of the Monthly Court. He moved to Lynn Haven in Lower Norfolk, and on June 20, 1685, a patent was issued to him of 5350 acres, and on the 18th of December, a patent for 600 acres, and on February 8, 1637, a patent for 200 acres, all these lying on Chesapeake Bay, fronting northerly, and on Lynn Haven River. During the year 1637, he was the President of the Court of Lower Nor- 134 VIRGINIA GAROLORUM. William Brocas', and Francis Hooke.'^ About this time George Menefie returned from England with many servants and soon regained his influence. The Earl Arundel and Surrey' being one of the Commis- sioners of Plantations, on the 18th of April, 1637, his son folk. His will was dated February 17, 1639-40, and probated April 27, 1640. Among other items is this : " My will and desire is that my beloved friend Cap- tain Thomas Willoughbie, and Mr. Henry Seawell here in Virginia, and my dearly beloved brother Sir John Thoroughgood, of Kensington, near London, and Mr. Alexander Harris, my wife's uncle living on Tower Hill, shall be over- 8 eers of this my last will and testament." John Thoroughgood was knighted, about the 1630, had been Secretary of the Earl of Pembroke, and in the service of the Duke of Buckingham. The widow of Adam Thoroughgood married Captain John Qookin of Nansemond, a member of the Assembly of 1639, and probably a relation of Daniel Gookin who in 1643, was the presiding officer of the court of Upper Norfolk. John Gookin died, and on the 32d of November, 1643, letters of administration were granted to Mrs. Sarah Gookin, on the estate of her husband. At a General Court held at James- town, October 8, 1644, the following judgment was rendered : " Whereas, it appeareth to the Court by the confession of James Lopham, that he hath in a most beastial and uncivil manner, by most scandalous and false suggestions, defamed Sarah, the daughter of Captain Adam Thoroughgood, deceased, to her great disparagement and defamation. " It is therefore ordered, that the said Lopham shall receive fifty lashes, at the mulberry tree, well applied to his naked back, and stand committed till he put in security for his good behavior." " Whereas it appeareth to the Court, that John Parnehough hath in a most scandalous manner defamed the daughter of Mrs Gookin, to her discredit though most vilely and falsely suggested. " It is therefore ordered, that the said Farnehough shall publicly in the parish church of Lynn Haven, in the time of divine service, ask the said Mrs. Gookin, and her children's forgiveness, put in security for good behavior, and pay unto the said Mrs. Gookin eight hundred and fifteen pounds of tobacco, for her charges herein expended." ' William Brocas in 1649, had a fine vineyard, and in the Perfect Description of Yirginia he is mentioned as having been a " great traveler." " The successor of Francis Pott in charge of fort at Pt. Comfort. 3 Thomas Howard, Earl Arundel and Surry born July 7, 1593, was the seventh in descent from John Howard, Duke of Norfolk. In 1616, he conformed to the VIEGINIA CAROLOBUM. I35 Henry, Lord Maltravers, obtained a grant of land north of James Eirer, with the order, that it should be known as Norfolk County. On the 22d of January, 1638, the Grovernor and Council of Virginia did assign* to Henry, Lord Maltravers, his heirs, and assigns, the territory on the south side of James River, on a tributary to be called " Maltravers River toward the head of j° s'd Nauzimum, als Maltravers being bounded from that point of Nanzimum als Maltravers River where it divides itself into branches, one degree in longitude on either side of the River, and in latitude to the height of 35 degrees Northerly Latitude, by y° name and appellation of y* County of Norfolk." Among the principal traders now in Virginia, was Thomas Stegge, also written Stegg and Stagg. His daughter was the wife of John Byrd, a goldsmith of London, and the mother of William Byrd, the founder of the family of that name in Virginia. He was a correspondent of Mathew Cradock^ one of the founders of the Massachusetts Colony, residing in London. Church of England, and on Christmas day received the communion. Sir Horace Vere on January 8, 1616-17, wrote to Sir Thomas Roe: "The Earl Arundel has received the sacrament with his Majesty, and talks sharply against the Papists." He was on August 29, 1631, made Earl Marshal of England. His latter years were passed in traveling, and in 1646, he died at Padna. He was described as one who " was a Protestant but no bigot or Puritan," and was a patron of scholars, painters, and sculptors. The celebrated Arundel Marbles of the University of Oxford were a part of his valuable collection. His son Henry Frederick, Lord Maltravers, succeeded to the Earldom, and died in 1652, at his house in Arundel Street, London. ' A full copy of the indenture is in the Appendix •The following letter from (JradocK to John Jolifte, dated Feb. 21, 1636-7, is in the Winthrop Papers, Mass. Hist. Soc. Col. 4 b Vol. 6. 136 VIMGIRIA CAROLORUM. Among the other merchants of note at this time, were John Chew, Thomas Burbage and George Ludlow. Lud- low, in 1630, at the same time as Samuel Maverick and Edward Gibbons, had applied to be admitted as a free- man of the Massachusetts Colony. When Roger Williams, the great divine, came to America, he sold to Ludlow the better clothes of himself and wife, as they were not needed, and Ludlow moved to Virginia without making payment, and " telling many falsehoods." On the 15th of July, 1637, WiUiams wrote to Governor Winthrop of Massachusetts, concerning his "vagrant debtor from whom he had much suffered.'" The next year when Ludlow was on a visit to Boston, he told Winthrop that he would send Williams eight hundred pounds of tobacco, but afterwards failed to keep his promise.* His plantation in Virginia, was situated near the York Eiver, adjoining that of Ralph Wormeley. " flfayle not to send the sbipp " Rebecka " victualled for three mouthes to Vir- ginea to Mr. Thomas Steggs, with some commodditty such as you vnderstand to be there most vendable, for valleue of 130? or 150? at most. Leaue the Ship wholey to Mr. Tho. Steggs disposing & if he send ought, back in her, to you & Rich. Hoare (for so is our advise) ffolo we his order therewit h & with the shipp as neare you can. I wish Mr. John Hodges * * * command & goe Master in her & that he obserue Mr. Stegg's order in her further ymployment. She is to be victualled, for three months & to haue all her ordynance belonging to her with other necessaries whereof ; all I desire is an Inventory may be sent me & the Master's hand to it." ' On the 12th of September, 1637, he writes again : " It is now an old debt, especially my cows left behind four years ago, for me in Virginia and some goats. " 'Williams on Dec. 30, 1688, wrote to Gov. Winthrop : " I am bold to request a little helpe and I hope the last concerning my old and bad debtour about whom I had formerly troubled your Worship, Mr. George Ludlow. I heare of a pinnace to put in to Newport, bound for Virginia, and I understand that if you please to testifie that you remember in the case, I may have some hope at least to get something. You were pleased, after dealing with him, in Boston, to certifie me that he had promised 800 li of tobacco." VIBGINIA CABOLORVM. 137 By a statute enacted in the days of Queen Elizabeth, the monarch was the custodian of all born fools, and the courts decided that an idiot or natural fool, was a child who could not count to twenty, rightly name the days of the week, or measure a yard "of cloth. The first idiot born in Virginia was the son of Eichard Buck, the early minister of the Colony, who came to Virginia, in 1610, with Sir Thomas Gates and who had been commended by Bishop Eavis of London, a prelate of mildness and liberality. He was born in 1616, and appropriately christened Benoni, a child of sor- row. Ambrose Harman, who had been his guardian for thirteen yeai's, in 1637, sent a petition to England I'elative to his estate, which was referred to the Court of Wards, but before judicial action was had in the case, the poor boy died. The year after Buck's arrival in the Colony, in 1611, his wife had a daughter born during a period of great want and she was in remembrance of the language of Naomi, in the book of Euth, na,med Mara; three years later a son was born and baptized as Gershom, a stranger in a strange land. After the birth of Benoni another son was born, to whom was given the name of Peleg. Both parents before the year 1624, had died. The first grant of land Ludlow obtained was Aug. 31 , 1638, in the Puritan district, the upper county of New Norfolk, and amounted to 500 acres. Subse- quently he entered other lands. July 26, 1646, in York County, 1947 acres. March 14, 1646-7, in York County, 1453 acres. Oct. 18, 1650, in Northumberland" County, 1000 acres. Mc'h 10, 1653-3, in Gloucester, 3000 acres. October 10, 1653, in Northumberland, 1000 acres. October 35, lb53, in Gloucester, 2000 acres. October, 1654, in Piankatanck Neck 186 acres. May 13, 1661, South side of Rappahanock, 1000 acres. 17 CHAPTER V. PRINCIPAL OCCURRENCES FROM A.D. 1638 TO A. D,,16l2. Legislatukb of 163V-8. Richakd Morison in Command at Point Comfort. Letter of Treasurer Hawlet. Swedish Vessel Arrives. Notice of Hawlet. Panto.v, a Clergyman, Ban- ished. Eaton of Harvard College Flees to tite Colony. First Brick Church Commkncbd. Gov. Wyatt Reappointed. Roger Wingatb, Treasurer. Donne's Essay on Virginia. Criticism of New England Puritans. Donne's Petition. Panton's Complaint to House of Commons. Rorbet Evelin Surveyor of Virginia, and writes upon New Albion. LEGISLATIVE assembly was convened on the 20th of March, 1637-8, and remained in session a month. The burgesses as the representatives of the people expressed their disapprobation of the duty on tobacco, and petitioned the King for free trade. The fort which had been erected during the first years of Harvey's ad- ministration, situated at Point Comfort and mounted with eight pieces of ordinance, was ordered to be repaired. Until this time the meetings of the Council for the want of a better place was held at the Governor's residence, and he was VIRGINIA GAROLORUM. . I39 obliged to entertain them. To remedy this the Assembly ■ also resolved to build a house for state purposes, and George Menefie was appointed the agent of the Colony to go to England, and sell tobacco to obtain moneys and also to employ suitable workmen. Eichard Morison* the brother of Francis, afterwards Go- vernor, on the 29th of March, 1638, was appointed by the King, to succeed Francis Hooke, deceased, as commander of the f^t. The Colonists now demurred to the fee of sixpence charged by the commander for registering each immigrant, and administering the oath of allegiance and supremacy ; but the Commissioners for Plantations declined to relieve them of this tax. In the spring of 1638, the sloop Griffin from Sweden touched at Jamestown, Jerome Haw ley, the Colonial Treas- urer, wrote to Windebank, Secretary of the King: "Uppon the 20th of March last, I took the bouldness to p'sent you w"" my letters wherein I gave only a tuch of the business of our Assembly, referring y" Hon"' to the general letters sent by Mr. Kemp from the govern' and Councell. Since w"^' tyme heare arrived a Dutch shipp' w"" comission from the • In Rymer's Foedera Vor, XX, p. 306, is tlie following : " Rex, vicesino nono die Martii concedit Richardo Morison, Armigero, offi- cium Capitanei sive Custodia eastri sive Propugnaculi de Point Comfort infra Dominium de Virginia, durante bene placits in reversione." ' A Swedish Dutch company, in 1637, was organized to trade on the banks of the Delaware River. An expedition under Minuits late in the fall sailed from Qottenberg in a large ship of war Kalmar Nyckel (Key of Kalmar) and in the sloop Qripen (Qriffiu.) During March, 1638, the *^wedes had reached their desti- nation, and it is supposed that the sloop QriflBn came to Jamestown from the Delaware River. 140 VIRGINIA CAROLOIiVM. young Queene of Sweaden, and signed by eight of the Chief Lords of Sweden, the coppe whereof I would have taken to send to yo' Hono' but the Oaptayne would not p'rnitt me to take any coppe thereof, except hee might have free trade for tobacco to carry to Sweaden, w""" being contrary to his Ma'' instructions, the Govern' excused himself thereof. "The shipp remayned heare about 10 days to refresh w"" wood and water, during w'='' tyme the M'. of the said shipp made knowne that both himself and another shipp q£ his company w ere bound for Delaware Baye w"*" is the confines of Virginia and New England, and there they p'tend to make a plantation, and to plant tobacco, w'^'' the Dutch do allso already in Hudson's Eiver, w'*" is the very next river, northard from Delaware Baye. All w""" being'his Ma" territorys I humbly conceive it may be done by his Ma" subjects of these parts, making use only of some English ships that resort heather for trade yearly, and be no charge at all to His Ma". " I am not able yet to give your Honour so good an ac- compt of the estate of his Majesties revenewe heare as I desire in regard it was late in the yeare before I arrived and the business of our Assembly bathe taken up all my tyme hitherto, but by the next returne of shipping I shall en- deavor to bring things into better order than heretofore they havebein, and by that tyme I hoapetomake itappeare that your Honour, hath done his Majestie service in giv- ing him notice of the estate of his reveneue in those parts; which although I cannot now say it will be great, yet I pre- sume it is so farr considerable as that his Ma''' will not think it fitt to be lost; for I doubt not but it will serve to VIRGINIA CAROLORUM. 141 defray the pension which his Ma"° is pleased to allow the Governour yearly, which is £1000 per annum, yf his Majestie be pleased to imploy itt that waye, and I hoape to improve it dayly, as new comers do encrease the plan tation, besides his Majesties customes from hence wil-be much better understood, than heretofore they have bein. ' ' Since my comeing to the place of Treasurer, I have de- cerned some underhand oppositions made against me, but littell hathe appeared in publick, therefore I can not particu- larly laye it to any man's charge. And because I finde that it chiefly aimed at the hindering me in making any bene- fitte of ray place (whereof I assure your Honour I have not yet made the value of five pounds toward ray charges. ) I doe therefore make it my humble sute unto your Honour that you wilbe pleased to raove the King in my behalfe, and procure His Majesties warrant for my fees, to the effect of this I send enclosed, which being added to your former favours, will much encrease my obligations to your Honour, and I shall still remayne, Your Honours much devoted servant. '" Jerome Hawley, and Thomas Oornwallis, were the two councillors of the Maryland Colony, which in 1634, had settled at Saint Mary. Hawley returned to England in the summer of 1635, and came back to Virginie;,, early in 1638, as Colonial Treasurer, an office which ha^d not been filled since the dissolution of the Virginia Conilpany. He soon 'Secretary Kemp wrote from JameBtown, February 26, 1637-8: "George Menefie has arrived with a great many aervants but Hawley is away in Mary- land." 142 VIRGINIA CAROLOBUM. visited Maryland where he had large interests, and was pre- sent at a meeting of- the Legislative assembly on February 8th, 1637-8, at Saint Mary. George Eeade wrote from Jamestown on the 2Gth of Feb- ruary, to his brother Eobert, a clerk of Secretary Winde- bank : ' ' Mr. HajWiey has not proven the man he took him for, having never given satisfaction for money received of him, nor brought him any servants." Hawley, then in Jamestown, on May 17th, wrote to Eobert Eeade, of London, to excuse his delinquency, and urged that his brother lives in the Governor's house, and wants for nothing. " In less than three months after this note was written, Hawley died deeply in debt to Oornwallis and Lord Baltimore.' Upon the solicitation of the merchant George Menefie, Anthony Panton became rector in the new plantations of York and Cheskiack.^ Eichard Kemp, Secretary of the Colony in 1639, acting as accuser and judge, charged the minister with having called him " a jackanapes," and say- ' Jerome Hawley was the brother of James Hawley of Brentford, Middlesex, England, of Henry Hawley, long Governor or Councillor of Barbadoes, and of William Hawley, who came from Barbadoes to Maryland after the death of Jerome, and in IbuO, was one of the signers of the Protestant Declaration. On the 14th of August, 1638, the Maryland authorities appointed Thomas Cornwdllis, as the administrator of Jerome Hawley, "late of St. Maries.'' Five pounds were paid to the surgeon who attended him, three pounds for mourning clotbes, and five pounds for funeral expenses. " Some times called Cheese Cake, " Kiskyake " or Cheskiack, by the Legisla- tive assembly of January, 1639-40, was recognized as a parish situated between Williurasburg and York. In 1643, it became Hampton Parish, afterwards known as York Hampton. VIRGINIA CAROLORUM. 143 ing, that he was " unfit for the place of Secretary," that his hair-lock was " tied up with ribbon as old as Paiils," also complained that he had spoken slightingly of Lord Arch- bishop of Canterbury, and Harvey banished him from the Colony "for mutinous, rebellious, and riotous actions." The person selected to superintend the , building of the school at Cambridge endowed by Harvard, and to be its first head, was the brother of the pure and high minded Gov- ernor of the New Haven Colony, but, Nathaniel Eaton proved the widest contrast, and a mortification to his rela- tives. For barbarously beating his usher Briscoe, on a Sabbath morning, with a walnut cudgel "big enough to have killed a horse " and for giving the scholars of Harvard fare not equal to that, which Dickens has described, as the diet at Dotheboys Hall, such as half-cleansed mackerel, and " goats' dung in the hasty pudding " he was fined and de- barred from teaching in the Massachusetts Colony. Cotton Mather, with some Attic wit, wrote: "he was a blade who marvellously deceived the expectations of good men concerning him, for he was one fitter to be a master of a Bridewell, than a college. He was a rare scholar himself, and he made many more such, but their education truly was in the school of Tyrannus." Dishonest in his deal- ings he fled from Cambridge, and Endecott, a deputy, wrote to Governor Winthrop, on the 10th of October, 1639, in- quiring whether it was "not needful to send after him where hee is gone in Nele's bark to Virginia, * * * * If you think meete to send him back, * * * Mr. Younge his shipp is like to staye these two or three dayes yet, who is bound for Virginea." It was not thought expedient to 144 VIRGINIA GAROLORUM. bring him back. His good wife and children sailed to meet him, but the ship and all on board were lost. About this time, Winthrop mentions that Thomas Graves, a member of the Dorchester church, ' ' and a very under- standing man," contrary to the advice of his friends de- termined to go to Virginia to live. The climate proved unfavorable, and soon he and his vphole family, with the exception of a daughter, died. As she was left with a good estate, the renegade Eaton married her, and spent her patri- mony in riotous living, and then, about the year 1646, de- serted her, and went back to England. It was not till the year 1639, that any solid buildings' were erected at Jamestown. An impetus had resulted from a law passed, the year before, giving a portion of land, in the town, to any one who would build a house. During the year twelve houses and stores were erected, one of which was of brick, belonging to Secretary Kemp, "the fairest ever known in the country for substance and uniformity." Heretofore the places of worship had been barn-like struc- tures framed of wood, but now the first brick^ church in Virginia, was commenced. The raising of silk worms re- ceived more attention, and the Governor sent to the King, a quantity of silk. ' Secretary Kemp, on April 6, 1688, wrote that people began to think about good buildings, " scarce any but liatU his garden and orchard." "Lord Delaware in 1610, completed a rude wooden church at Jamestown 34x60 ft. in dimensions which soon decayed.' In J1619, there was a wooden church 20x50 ft. built at the expense of the people of JamestowD. The foundations of the brick church of 1639, were 38X56 ft. which were visi- ble a few^years ago. The present dilapidated church so often sketched is a later and larger edifice, and should not be called the church of the first settlers. VIRGlJSflA GAROLOBUM. I45 It was not until the autumn of 1639, that Sir Francis Wyatt arrived at Jamestown as the successor of Grovernor Harvey. By the influence of Lord Baltimore and Secretary of State Windebank, Kemp was retained as Secretary of the Colony. Of the hundreds of white people who now arrived in the ships, Secretary Kemp wrote that " scarce any, but are brought in as merchandise to make sale of." Under Wyatt's commission there was a concession, by which, when, there was a vacancy in the Council, it could be filled, by the majority of the votes of the remaining councillors. Among the earliest acts of the G-overnor was a strict inspection of tobacco, and the burning of all below a certain grade. He wrote : " Though the physic seems sharp, yet I hope it will bring the body of the colony to a sounder constitution of health than it ever yet enjoyed before." At an Assembly which convened on January 6th, 1639-40, there was legislation which showed an improving condition. Hitherto an inn-keeper was authorized to charge eighteen pence, or six pounds of tobacco for a meal, but it was then enacted, that " on account of plenty provisions " only twelve pence should be the price. Ministers of the Gospel were allowed ten pounds of tobacco per poll, each to pay the clerk, and sexton; the Muster Master General three pounds per poll, the Captain of the Fort and Point Comfort was allowed ten guards, and three pounds of tobacco per poll. A levy of two pounds per poll was made for a new fort, and also two pounds per poll to build a state house. Cattle had so increased, that it was made lawful to ex- port to New England, the seventh head of neat cattle. Benjamin Harrison, who had been clerk of the Council for 19 146 VIRGINIA CAROLORUM. some years, was allowed £7, 10s. for his services. The boundaries of the Isle of Wight, Upper, and Lower Norfolk counties were defined, and the parish of Lawne's Creek was created. The first minister in Norfolk County is said to have arrived about this time, named John Wilson. Eoger Wingate was appointed by the King, Treasurer in the place of Jerome Hawley, deceased. Oh the loth of August, 1639, the case of Panton was re- ferred to the new Governor Wyatt, about to sail for Virginia, and the Council there, and his sentence suspended, and Governor Harvey ordered to deliver up his estate. It was further ordered, that if upon examination he should be found innocent, he should be restored to the rectorship of York and Chiskiack. Secretary Kemp, and Sergeant Major Donne, were in England the early part of the year 1640, in the interest of Governor Harvey, and the latter addressed a labored trea- tise to Charles the First, entitled "Virginia Reviewed," which is still preserved among the Harleian Manuscripts of the British Museum. After mentioning that a settled government in Virginia was just beginning, and " that till of very late, every man's own particular profit hath been the most earnestly pursued " he continues " How this assercon findes warrant is evident by the late action of some pticulers, fiery and head strong in their disorders and conspiracy against yo' Maj"°' commis- sioned Governo', at this present, in that Country, of whose condition an officer neither I nor any und' y°' sacred autho- rity can, if justly, but speack honorablie, he being according VIRGINIA OAROLORUM. I47 to his place ready to accompt, able to justifie, discreet to mannage every circumstance of his proceedings, in that de- putation, as in y"' roiall presence, at the Councell table y°' Maj"= with y" Lords allowed.^ ' ' But in this poynt I will content my satisfaction, with a calmness of silence, by reason that if any Tempest threaten the Delinquents to y" Maj"" High Court of Starre Chaniber, is the power of qualification by y°' gracious mercy referred. " From the convenience (most likely) of some former Gov" their easinesse of nature, or uncertainty of appeals (the Plantation then wholly depending on the wills and counsails of Men and Trade,) hath this enormity drawn p'sump on. Out of such p'sumpcon (we doubt long in plot- ting though lately practised) during the licence of this aris- tocracie, those of that councell have used to eye authority, and to dispute power with their Govern"' whom certainly they always find readie to assent with them, rather looking after their own thrift, than the dignity of their trust, or els the successe of their discrecons was more fortunate than their fortunes. ' ' Cases in deseases of desperate quallitye are not all- waies lenative, for had this insolence bene passed over, the defects of this colonie, had still lyen asleep, untill a second sudden mischance, I might say, a mischiefe, had for ever disheartened a third attempt of Peopling it, casting a dis- hono' upon our Nation, lessning and diminishing yo' pos- session, cutting of a greater number of yo' subjects, had it not apparently bene proved that it is better to dye, noblie ' See page 126. 148 VIRGINIA CABOLORUM. maynteneing the justice of bono'', the hono' of justice, than to comply with a multitude whose policy is gayne, whose gravitye is giddiiiesse, whose discretion is noyse and tu- mult " After several pages devoted to the condition of Virginia, he writes the following sharp criticism of New England. " On the Northern pait of the Virginian Continent lieth New England. In that Countrye it is a question undecided though yo' Maj"" hath a firm interest whether the In- habitants acknowledge you their King, or whether they by yo' Majesty are worthy to be acknowledged subjects. " New England it is styled, supposed in the same Latitude w"" Nova Albion, whose discoverer was Sir Francis Drake * * * * Much available for comfort, for assistance (if occasion should bee) might such a complantation prove, were not the people themselves in their manners and lives both infectious and pestilent. They, in religion, their coun- try, in its Barronnesse and not unequallie fruitfuU. So heartily they hate conformity that they detest order, ambi- tious of a new Creation of ridiculous novelty, most ridicu- lous schisme by Sepacon. They are in a manner desprate Enthusiasticks, for whereas all men are moved (as a heathen noted) by Religion, the p'swasion whereof is the chief in poUicy, a good historian granteth, these Fanaticks choose, rather without poUicy or religion, to be misled by their lay elders, than be guided by the true Pastors of their selves, or governed by their naturall Soveraigne. "AUmost, it exceeds a wonder howe manye of faire quallitye alien and sell their whole estates in their Old age VIRGINIA CAROLOBUM. 14 9 to shufiBe themselves, Wives, and Children, into their New- England. Blind zeale, and more blinde Seaducers doe so gull and cheat their consciences, that willingly they make exchange of their Eeason, and knowledge for credulous sim- plicitye, willfuU Ignorance. The antickprancks, the strange unheard of Vanityes which are constantly brought for Newes, that these men in New England doe, and studdy to doe, gives more and more as much occasion of pitty as of laughter. ' ' Dissembled Sanctity is a double Iniquity sayd the Pro- verbial speech, verefyed in these seperatists of New Eng- land, all pretend, none professe Eeligion as they ought. ***** What a Comonwealth amongst such Pre- cisians is likely to flourish where zeale is preposteroous. Cruelty in Justice, Confusion in Law, is not difficult to be resolved. A Colony there can be none; it were dishon' to the name so to entitle it, a Plantation not to be expected, the people themselves so slouthfuU that had not Virginia lately supplyed and relieved them their Calamitye had beene remedilesse.'" While in England Donne presented the following petition to the King. ' ' That y" Pef goeing over w"' Sir John Harvey Gov' for yo' Ma"° in the Province of Virginia was by him recommended to yo' Ma''° who was graciously pleased to appoint him for one of his Councells, when fpUowing yo' Ma''" orders and directions by yo' letters in speedy appointing a Muster Mas- 'A fall abstract of Donne's essay, is given in,the]Appendix. 150 VIRGINIA CABOLORUM. ter General & Marshall by choyce both of Sir John Harvey & the rest of the Councell then, yo' pet' was thought well fiitt to execute the aforesaid places, and soe did, untill the Gov" & Counsell employed him as Agent for the CoUonye to prose- cute a suite against those persons y' were lately^seditious and disturb'd the peaceable Government & were by yo' Royall commands sent to answeare theyre contempt & misde- meanor which service to his power he has effected & is now returninge to his charge. ' ' May it therefore please yo' Eoyall Ma"° to give order that yo'^ humble pet^ may have a confirmacon under ye Great Seale of ye foresaide places of Muster Master Gene- rail and Marshall whereof theis two yeares y°' Pet' hath been possest and executed without excepcon." The dispute begun in Virginia between Anthony Panton, clergyman, and Secretary Kemp, was continued in Eng- land, and on the 30th of October, 1641, the following was presented to the Privy Council and the House of Commons. " Anthony Panton, clerk. Minister of God's word in Vir- ginia, and agent for the Colony and clergy complaineth of the conduct of Sir John Harvie late Governor, of Mr. Richard Kempe the Secretary, of Captain Wormeley late commander of Charles County, and others, at whose hands the colonists have suffered many arbitary and illegal pro- ceedings in judgmeni, tyranny, extortion, and most cruel oppression which have extended to unjust whippings, cut- ting of ears, fining and confiscation of honest mens' goods, converting fines to their own profit and use, supporting Popery, and in many other ways." ViRaiNIA CAROLOBTJM. 151 The petition further mentioned that Kemp privately ran out of Virginia* carrying the charter and records, and that he and his associates had slandered Grovernor Wyatt, and " obtained surreptitiously a new Governor, and a new- charter without any just cause shown against the former Governor [Wyatt] who has only exercised his authority for a year and a half, " he prayed for the stopping of the Go- vernor elect and his commission till matters and rectified, and that order may be taken for the forthcoming of Sir John Harvie, Richard Kemp, and Christopher Wormeley^ to answer the charges against them ." His request received attention, as the following counter petition of Kemp and Wormeley indicates, which on No- vember 3, 1641, was presented ; " In August last, upon the unjust complaint of Anthony Panton a turbulent person petitioners were by order of the House of Commons stayed, when about to return to their families in Virginia. The House of Commons by an order of the 8th of September, allowed them to depart, but on the 1st of October, when on board of the ship, were again stayed. Berkeley the Gov- ernor elect presented a similiar petition. George Donne never returned to Virginia and soon died, John West taking ■ Thomas Stegg, the inflaeatial merchant of Westover, was fined fifty pounds sterling and to be imprisoned during the Governor's pleasure, for furnishing money to Kemp and assisting him to leave the colony with some of its impor. tnnt records. = Christopher Wormeley does not appear to have returned to Virginia, wliile his son Ralph, was a prominent planter. In the Sixth Report of the Royal Historical Commission, p. 414, there is the following : " 4 May, 1640, two copies ot an award made by Richard Washington and Christopher "Wormely, Esquires (acting as arbitrators at the request of certain dissentients) respecting a dispute about a right of way from Carcrofte to Ousten Co., York." 152 VIRGINIA GAROLOBUM. his place as Marshall and Muster Master Greneral. The power of Governor Harvey was completely broken. In a letter to Secretary of State, Windebank, on May 8th, 1640, he wrote, "that he was so narrowly watched that he had scarce time of privacy to write, his estate had been torn from him, his return to England had been denied, notwith- standing his many bodily infirmities, which were beyond the skill of the Colony." During his last years he had married the widow of the Eichard Stephens, merchant and councillor, with, whom he once had an altercation. Captain De Vries, the Dutch trader, in September, 1642, instituted a suit to recover £4, 14s. due from the estate of Eichard Stephens, "for goods sold to Lady Harvey, who was at the time wife of said Stevens." ' George Evelyn, also written Evelin, his brother, ceased to be commander of Kent Island, Maryland, on April 23, 1638, and on May 30tU of this year he ac- knowledges a debt to "his brother Lieut. Robert Evelin, fourteen hundred pounds of tobacco and fifty-two pounds of beaver, for so much received of him upon the account of William Clobery and Company ; " and for his security assigns to him all the right, title, and interest, of the said Clobery and Company in the service of Andrew Baker, Thos. Baker, and John Hatch, and all the profits and use of said servants until the debt shall be satisfied. He also in another entry acknowledges himself to owe " to his dear brother Robert Evelin " a hundred weight of beaver and as security assigns to him his Manor of Evelinton or Piny Point on the Maryland shore of the Potomac. Captain George Evelyn, on August 8, 1649, purchased of Thomas Qreudon, certain land in James City County, which on April 38, 1650, he gave to his second son, Mountjoy. On June 30, 1651, Governor Berkeley granted to Mountjoy Evelyn 000 acres of land in the county of James City, on the south side of the river. Scull, in "The Evelyns of America," mentions that Robert Evelyn's uncle, Captain Thomas Young, also purchased a farm in James City County, and that his son Thomas served in the Parliament Army, under General Monk. In later years this sou was an officer in Bacon's rebellion in Virginia and known as " Captain Young of Chickahominy. " In January, 1675-6, he was hung in York County under a Bentence of a Court Martial. VIRGINIA CAROLORUM. 153 After a long visit to England, Kobert Evelin' in 1637, in the ship " Plain Joane" returned to Virginia, and after the death of Grabriel Hawley, was appointed by the Grovernor, and duly confirmed Surveyor General of Virginia. About the year 1640, he made another voyage to England, and printed a little book of directions for immigrants to America, which has become very rare, with the following title : Direction for Adventurers With small stock to get two for one and good land freely: And for Gentlemen, and all Servants, Laborers, and Artificers to live plentifully. And the true Description of the healthiest, pleasantest and richest plantation of new Albion in North Virginia, proved by tbirteen witnesses. Together with A Letter from Master Robert Evelin who lived there many yeares, showing the particularities, and excellency thereof. With a briefe of the charge of victuall, and necessaries to transport and buy stocke for each Planter and Laborer there, to get his Master 502 or more in twelve trades and at lOZ charges onely a man. Printed in the yeare 1641. ' See note preceding page. 20 CHAPTEE VI. AFFAIRS FROM A.D., 1643 TO A.D., 1651. Akkital of Gov. Berkeley. George Sandys Colonial Agent. Attempt to restore the London Company. Remonstrance of Assembly. Visit of New England Ministers. Support foe Gov. Berkeley. Assembly of 1642-3. Lord Baltimore seeks VlSGINIA REVENUE. LbTTERS OF MarQUB. CaPT. RiCHARD Ingle. Db Veies visits Jamestown. Fight between Ships. Rising of the Indians. Captain Stbgg captures a Bristol Ship in Boston harbor. Robert Evelin. Sir Edmund Plow- don. Daniel Gookin. Assembly of 1644. (/Ruel strife in Maryland. LEorsLATioN of 1645. Hbnby Bishop Visits Eng- land. Opechancanough Defeated. Lt. Thomas Rolfe. Thomas Harrison and Patrick Copland nonconformist Ministers. Public Market. Colony in 1649. Arrival op Norwood, Stevens, and Francis Moryson. The Custis Family. Governor Berkeley's Speech against the Naviga- tion Act. jIR William Berkeley/ Knight, in February, 1642, arrived at Jamestown as the successor of Grov- ernor Francis "Wyatt. In the prime of life, a graduate of Merton College, Oxford, accustomed to travel, a ' His father was Sir Maurice Beikeley Kt., of Hamwortli Middlesex. He wag born in July, 1608, and matricalated at Merton College, Oxford, in 1623, and in 1639, received tlie degree of A.M. VIBGINIA GAUOLORUM. 155 favorite of the King, and once a Gentlemen of the Privy- Chamber, his administration, from the first, was energetic and progressive. Taught to believe that no commonwealth could exist without a King, and that tliei-e could be no church without a bishop, he could not separate disloyalty and non-confor- mity. By his commission, it was provided, that he and Secretary Kemp, then in England, should take the oaths of allegiance and supremacy before sailing, and after ai-rival in Virginia, administer the oath to the follow- ing Councillors, Sir Francis Wyatt, Kt,' John West, His brother, Charles Henry, bora in December, 1600 ; Maurice born iu April, 1603 ; and John in February, 1607, were men of distinction. The latter led the army of King Charles, in 1638, against the Scotch and was created Baron Berkeley of Stratton. Charles was knighted in 1623, and after the restoration, Treasurer of the Household of Charles the Second. • Gov. Wyatt seems to have remained iu tlie colouy several months after the arrival of Berkeley. In 1643, his wife was a widow, living at Baxley, Kent, England. He had several sons, one, named George, was in 1653, a Lieu- tenant in the Navy and when in that year he was offered the command of the " Sampson" he declined for "he did not think himself fit fur command, as he had received many wounds in the late wars, especially in his head." G. D. Scull in his memoir of Dorothea Scott prints a letter from King James' daughter Elizibeth, Queen of Bohemia, dated from the Hague, March 4, 1655, and addressed to Lord Finch, whose first wife was the sister of Governor Wyatt, in ■which there is a reference to tlie Governor's son. The words are : " As for the " Countess " I can tell you heavie news of her, for she is turned quaker, and preaches every day in a tubb. Your nephew George [Wyatt] can ttll you of her quaking, bat her tubb preacliing is come since he went, I believe." Governor Wyatt's aunt, Jane Wyatt, married a Scott, whose grand-daughter Dorothea Scott, married Major Daniel Gotherson of Cromwells' Army, and about 1655, became a Quaker preacher. Her husband died in 1655, when she again married Joseph Hogben, of Kent, and about 1680, she settled on Long Island, New York. 156 VIRGINIA GAROLORUM. Esq.,' Samuel Mathews, Esq.,^ Nathaniel Littleton, Esq.,' Christopher Wormeley." Esq , William Peirce, Esq.,' Eoger Wingate, Esq.,* John Hobson,^ Thomas Powlett,* George Menefie,' Henry Brown, Esq., William Brocas, Esq., Argall Francis Wyatt, son of tlie Governor, in 1641, was enrolled as a student of the Inner Temple. Brock gives llie following from the Virginia Land Records : Henry Wyatt, Esq., eldest sou of Sir Franris Wyatt, Dec. 36, 1641, lease for 21 years of 50 acres in Pasbyljay, James City county for the raising of corn, for the better protection of the plantation. George Wyatt, Apiil 31, 1642, in James City County 3.i0 acres. Thomas Wyatt, Sept. 24, 1643, " twenty miles up " on the Bonth side of EappaLannock, 2000 acres. Richard Wyatt, Aug 20, 1645, in Mobyack Bay, 500 acres. Ralph Wyatt in 1636 lease to Abraham Wood and others of certain islands. William Wyatt April 37, 1653, in Gloucester Co., 400 acres. William Wyatt March 16, 1663, in Gloucester Co., 400 acres. Mayor William Wyatt May 20, 1664, in New Kent Co., 1940 acres. Anthony Wyatt, June 28, 1664, in New Kent Co., 282 acres. Anthony Wyatt July 24, 1669, in Charles City, 398 acres, 'See page 15. • See page 21. ' His plantation was on the eastern shore of Chesapeake Bay. • He does not appear to have remained in Virginia, but son Ralph was promi- nent. s Peirce as early as May, 1638 , had been appointed by Governor Wyatt during his first term of ofiice. Captain of his Guard, and commander of James City. For other notices see pages, 59, 128. ' Appointed in August, 1639, Treasurer for life. 'See Chapter V. • Thomas Powlett or Pawlett, came in the " Neptune" in 1618, and Was in 1643, about 57 years old. 9 See p. 113. VIRGINIA CAROLORUM. 157 5 Yeardley,' Thomas Pettus, Thomas Willoughby/ Eichard Bennett,^ and Humphrey Higginson,* George Ludlow, early in 1642, also appeared as one of the Council. Clai- 'borne was appointed by the King, colonial Treasurer. The first assembly after Berkeley's arrival convened on April 1, 1642, and among the Burgesses were a number of the more enterprising colonists. Benjamin Harrison* who had for several years been clerk of the Council, and Eichard Townsend, who, in 1629, had represented the planters be- ' Argall Yeardley was the eldest sou o£ tlie Governor and now about 31 years old. See page 16. 'Thomas Willoughby came in the ship "Prosperous" as early as 1610, and was now about 40 years old and was a merchant. His only son Thomas born Dec. 35, 1633, was sent to the Merchant Tailors, School, London. Elizabeth, the wife of Col. William Willoughby, one of the Commissioners of the Navy, about 1653 died in England, and at the time her sister Jane Ham- mond was living in Virginia, perhaps the wife of Col. Manwaring Hammond, one of Gov. Berkeley's councillors. She had a son Lawrence Hammond. Francis, the son of the widow Elizabeth, being the Deputy Governor of Massachusetts, died in 1673, and his widow Margaret married Lawrence, son of Jane Hammond of Virginia A Willoughby Allerton was in 1711, Deputy Collector of Customs for Potomac Kiver indicating some connection of Isaac AUerton's family with the Willoughbys. A Henry Willoughby, born in 1636, at Stukely, Berkiugham shire, died in No- vember, 1685, at Hill's Creek, Virginia. His son Henry who went with his father to Virginia, married July 38, 1695, Elizabeth daughter of William Pidgeon of Stepney. The relation between these families has not been ascertained. 3 Governor of Virginia under Cromwell. < Among. the passengers for Virginia in the ship " George," Capt. Severn, in 1635, was Humphrey Higginson. ' See Chapter IV. « Benjamin Harrison on July 10, 1635, received a grant of 200 acres in War- rosquoyake afterwards Nansemond County. 158 VIBGINIA CAROLORUM. tween Archer's Hope and Martin's Hundred, John Upton, who had in 1632, been appointed a judge for Warrosquoy- oake, Obedience Robins,^ an old justice in Accomack, Thomas Harwood who had been prominent in the dispute' with Grovernor Harvey, Edward Hill, who was afterwards insurrectionary Governor in Maryland, and John Hill, a sympathizer with the New England Puritans." Berkeley was often choleric and arbitrary in his measures, yet his hospitality to strangers, outspoken manner, and hearty interest in the general welfare of the Colony, for several years, gave him influence with many. At the outset of his administration he sustained the people, in opposing a measure, which tended to cripple their energies. The legislative assembly of 1639, had appointed George Sandys^ who had been Treasurer of the Colony, before the » John Robins, in 1623, in a communication to the colonial authorities, speaks of his father who died on the voyage. In 1633, John Robins, the younger son and heir of John Robins, deceased, received on September 7th, a grant of 300 aeres in Elizabeth City County. In 1640, December 3d, Obedience Robins entered 3000 acres in Accomack County. 2 In addition to the above, the following, were members of the Assembly, of April, 1643, and signers of the Remonstrance. Tlioraas Dewe, Ferd. Franklin, John Weale, Nath. Gough, Jos. Johnson, Walter Chiles, Wm. Dacker, W. Butler, Thomas Fallows, George Worleigh, George Hardy, Francis Fowler, Tho's Bernard, Edward Windham. 3 It is probable that Sandys went to England, and was there when his transla- tion of Ovid's Metamorphosis was elegantly published in 1633, in folio, at Ox- ford. In 1636, he also published a duodecimo, with this title : " Paraphrase upon the Psalmes of David and upon the Hymnes dispersed throughout the Old and New Testament." Four years later he published an 18mo. " Christ's Passion, a Tragedy; with annotations, London, printed by I. L., and are to be sold by William Leake at his shop in Chancery Lane, neere unto the Rowles, 1640." VIRGINIA CAROLOBUM. 159 abrogation of the charter of the Virginia Company of London, to watch over their interest in England, but in disregard of their wishes, he revived the project, which had been pressed ten years before, and presented a petition to the House of Commons, in the name of the adventurers and planters of Virginia, asking a restoration to the old London Company of all the privileges of their old charter, except, that the Crown should reserve the right to appoint a Governor. The Assembly of April, 1642, after fully debating the matter, " maturely considering the reasons on both sides as well enquiring for, as against the company" with the Gov- ernor, and Council, sent a statement to the King in which they set forth sound principles of constitutional liberty. They declared that their agent had mistaken his in- structions, and that they would consider it a calamity to see the charter of the old company revived, and that if it were again to attempt to exercise power, there would come anarchy and unhappiness in the Colony, whose people had not forgotten the intolerable sufferings, illegal proceedings, and barbarous treatment during the period of the said com- pany's sway. Collins mentions that in the family Bible of Archbishop Sandys, was this lecoid : " George Sandes born the seventh day of March, at six of the Clock in tlie morning 1577. His godfathers were George, Earl of Cumberland and Wil- liam, Lord Ewer. His godmother Catharine, Countess of Huntington." He died at the age of 66 years, in the house of his niece, the widow of Governor Wyatt. In the register of Bexley Abbey is this entry : " Georgius Sandys, Poetarum Anglorum sui soeculi facile prinoeps, sepultus fuit Martii 7 Stilo Anglic, An. Dom., 1643." 160 VIRGINIA GAROLOEUM. The whole trade of the Colony had been monopolized by the company, insomuch that when any person desired to go for England he had not liberty to carry with him the fruits of his own labor, for comfort and support, but was forced to bring it to the Magazine of the company, there to ex- change it for unprofitable and useless wares. That they were now happy by the freedom of annual As- semblies, warranted to them by his Majesty's gracious in- structions, by legal trials, by juries in all criminal and civil causes, and by his Majesty's royal encouragement upon all occasions to address him, by humble petitions, which so much distinguisheth our happiness from that of former times when private letters to friends were rarely permitted to be sent to England. They further argued that the old corporation could not be introduced without proving the illegality of the King's proceedings against them, so that all grants since, upon such a foundation must be void; "and if as they pretend, the King had no right to grant, our lands held by immediate grant from his Majesty must be void, and our possessions must give place to their claim, which is an invincible argu- ment of ruin and desolation to the Colony, as we must be outed of our possessions if their pretence." ' ' And though it is alleged by them that the charter of orders from the Treasurer and company (Anno 1618) gives us claim and right to be members of the corporation quatenus planters, yet it appears by the charter, that planters and adventurers who are members of the company are considered by themselves, and distinguished in privileges, from planters VIRaiNIA CAROLORUM. 161 and adventurers not being members ; and as the King's grantees we find ourselves condemned in* the said Charter one clause of it pronouncing m these words ; " we do or- dain that all persons as of their own voluntary will and authority shall remove into Virginia without any grant from us, in a great and general Quarter Court, in writing, under our seals shall be declared, as they are, occupiers of our land ; that is of the common lands of us the said Treasurer and Company." Now if persons who remove into this country without license from the Treasurer and company are to be deemed occupiers of the company's land, much more will such grantees be deemed occupiers of their land, who hold their rights under an erroneous judgment as they pretend. That if the company be revived, and they have leave by virtue of their charter of orders publickly to dispossess us, the wiser world we hope will excuse us if we refuse to de- part with what, next to our lives, nearest concerns us (which are our estates, the livelihood of ourselves, our wives and children) to the courtesy and wiU of such taskmasters, from whom we have already experienced so much oppres- sion. That we will not admit of so unnatural a distance as a company to interpose between his Sacred Majesty, and us his subjects, from whose immediate protection we have re- ceived so many royal favors and gracious blessings. That by such admission, we shall degenerate from our birthrights, being naturalized under a monarchical and not a popular, or tumultuary government, depending upon the • 21 162 VIRGINIA CAROLORUM. greatest number of votes of persons of several honors and dispositions as that of a company miist be granted to be, from whose General Quarter Courts all laws binding the planters here did, and would again^ issue. That we cannot without breach of natural duty and reli- gion, give up and resign the lands we hold by grants from the King upon certain annual rents (fitter as we humbly conceive, if his Majesty shall so please, for a branch of his own royal stem than for a company) to the claim of a cor- poration ; for besides our own births, our possessions enjoin us as a fealty without a salva -fide aliis Dominis. That by the admission of a company the freedom of our trade (the blood and life of a commonwealth) will be mono- polized, for they who with most secret reservation, and most subtlety argue for a company though they pretend to submit the government to the King, yet reserve to the corporation property to the land, and power of managing the trade ; which word managing in every sense of it is convertible to monopolizing, and will subject the trade to the whole conti'ol and direction of their Quarter Courts held at so great a distance from us that it is not probable or possible for them to be acquainted with the accidental cir- cumstances of the Colony, so as to form proper rules and regulations for our trade, which our Q-rand Assembly, acquainted with the clime and accidents thereof, have and may upon better grounds, prescribe, and which in any other way will be destructive to us. That the pretence that the government shall be made good to the King, that is, that the King shall nominate and \ VIRGINIA CAROLORUM. 163 appoint the Governor, we take at best, to be but a fallacy and a trap, not of capacity enough to catch men with eyes and forethought ; for upon a supposition that the Govern our shall be named and appointed by the King, yet his depend- ence, so far as respects his continuance or removal, will by reason of their power, and interest with great men, rest in the company, which naturally brings with it conformity to their wiUs in whatever shall be commanded, and we leave it to the best judgments whether such dependence will not be pernicious to the Colony. After these reasons, with firmness they make the follow- ing positive declaration. "We the Governour, Council, and Burgesses of this pre- sent Grand Assembly having taken into serious considera- tion these and many other dangerous effects which must be concomitant in and from a company or corporation, have thought fit to declare, and hereby do declare, for ourselves and aU the commonality of this Colony, that it was never desired, sought after, or endeavored to be sought for, either directly or indirectly by the consent of any Grand Assembly or the common consent of the people ; and we do hereby fur- ther declare and testify to all the World, that we will never admit the restoring the said Company, or any, for, or in their behalf, saving to ourselves herein a most faithful and loyal obedience to his most Sacred Majesty, our dread Sovereign whose royal and gracious protection, allowance, and maintenance of this our just declaration and protesta- tion we doubt not (according to his accustomed clemency and benignity to his subjects) to find. "And we do farther enact, and be it hereby enacted and manifested by the authority aforesaid, that what person or 164 VIRGINIA CAROLORUM. persons soever either is, or shall be hereafter any planter or advenfcurei", and shall go about, by any way or means, either directly or indirectly, to sue for, advise, assist, abet,' coun- tenance, or contrive the reducing this Colony to a Company or Corporation * * * * * shall be held and deemed an enemy to the Colony and shall forfeit his or their whole estate or estates that shall be found within the limits of the Colony, the one half shall be and come to the publick use, the other moity or half to the informer." After the preparation of their objections, the Assembly postponed all business and adjourned to the second of June, When the protest was received by the King, the civil war had begun in England, and he was in Yorkshire directing troops against the friends of Parliament. Although his ap- proval of their propositions would have no weight with Parliament, yet it was most gi'aciously given, while he was sojourning at York, in these words : " Charles Kex "Trusty and well beloved, we greet you well. Whereas we have received a petition from you, our Governour, Coun- cil, and Burgesses of the Grand Assembly in Virginia, together with a declaration and protestation of the first of April, against a petition presented in your names, to the House of Commons in this our Kingdom, for restoring of the letters patent for incorporating of the late • treasurer, and Company, contrary to your intent and meaning, and against all such as shall go about to alienate you frpm our immediate protection ; and whereas you desire, by your petition, that we should confirm this your declaration and protestation under our royal signet, and transmit it to that VIHGIJSriA GABOLOBUM. 165 our Colony. These are to signify, that your acknowledg- ment of our grace, bounty, and favour toward you, and your so earnest desire to continue under our immediate protection is veiy acceptable unto us ; and that as we had not before the least intention to consent to the introduction of any Company over that our Colony, so we are by it much confirmed in our resolution, as thinking it unfit to change a form of government, wherein (besides many other reasons given and to be given) our subjects there having had so long experience of it, received so much contentment and satisfaction. And this our approbation of your petition and protestation we have thought fit to transmit to you, under our royal signet. Given at our Court, at York, the 5th of July, 1642." During this summer, there was an effort to secure New England ministers for some vacant parishes. Some of the settlers upon the banks of the Nansemond Eiver were from the city of London, and had been under the influence of those Puritan preachers who had opposed the pohcy of Arch- bishop Laud. The parish of Upper Norfolk had grown so large that in 1641, the Assembly enacted : " For the better enabling the inhabitants of this colony to the religious worship and service of Almighty God, which is often neg- lected and slackened by the inconvenient and remote vast- ness of parishes, Resolved, That the county of Upper Norfolk be divided into three distinct parishes, viz : one, on th^ soutji side of Nansimon river, from the present glebe to head of said river, on the other side of the river, the bounds to be limited from Cooling's Creek,' including both sides of the creek, upward to the head of the western 166 VIRGINIA GAROLOBUM. branch, and to be nominated the South Parish. It is also thought, and confirmed that the east side of Nansimun river from present glebe downward to the north of said river, be a peculiar parish, to which the glebe and parson- age house that now is, shall be appropiated and called East Parish ; the third parish, to begin on the west side of Nan- simun river, to be limited from Cooling's creek, as afore- said, and to extend downward to the mouth of the river, including all Chuckatuck, on both sides, and the Eagged Islands, to be known by the West Parish." During the summer of 1642, Philip Bennett, of -the Upper Norfolk district, came in small pinnace, to Boston, with a petition, signed by John Hill, Eichard Bennett, an influen- tial merchant, afterwards Governor, and Daniel Gookin, junior, " a Kentish soldier, a very forward man to advance martial discipline," and others, in all, to the number of sev- enty-one, asking for three able ministers, to occupy parishes in their neighborhood. At a session of the General Court of Massachusetts Bay on the 8th of September, it was voted relative to "the ministers proposed to be sent to Virginia, that if the churches will consent to have them go, the. Magistrates should com- mend them to the Government there." The churches selected John Knowles," a ripe scholar who ' Knowles after a few years left New England and became a preacher at Bris- tol Cathedral, and then was sixteen years at Pershore, Worcester. On April 9 1665, his house was searched, and he imprisoned for sedition because he had collected money for suffering Polanders, which, in his petition for release he quaintly says, '■ he did not know was unlawful, but thouglit them an object of pity." After his release, he devoted himself to the sufferers from the plague in London. He lived to the ripe age of 85 years, and in 1685 died. VIRGINIA GAROLORUM. 167 had been educated at old Cambridge University, William Tompson,* a graduate of Oxford, and Thomas James, who had been two years preacher at Charlestown, Massa- chusetts, but then at New Haven, Connecticut. Their voyage was long, and stormy, occupying several weeks. As they passed Hell Gate in T^ong Island Sound, their pinnace was " bilged upon the rocks," but Mr. AUer- ton, the son-in-law of William Brewster, the leader of the Plymouth Colony, who was then at Manhattan, obtained for them another vessel, in which in mid-winter they sailed for Virginia. Soon after they reached their destination, on March 1st, 1642-3 (0. S.), the Assembly' convened at Jamestown, when ' William Tompson, as the name was written, was born in Lancashire, Eng., in 1598, and in 1619, left Oxford, and before coming to New England, preached at Winwick. In " Terra Maries'' J. B. Lippincott& Co., he Is erroneously men- tioned as the cordial friend of Lord Baltimore. That William Tompson was a Maryland settler and the only Roman Catholic that sided with Ingle and the friends of Parliament, but afterward came back to Lord Baltimore's party. » House of Bukgbsses Mabch 1 , 1643-3. Henrico Oounty Capt. Mathew Gough. Mr. Arthur Bayley. Mr. Dan. Luellin. Cha/rUa City Go. Walter Ashton. Thomas Stegg, Speaker. Mr. Walter Chiles. Capt. Eob't Hutchinson. Mr. Rowland Sadler. Jamet City Co. Mr. Henry Fllmer. Capt. John Fludd. Mr. Stephen Webb. Mr. Wm. Davis. Waflrwick Bioer Co. Capt. Thomas Flint. Mr. Toby Smith. Elizabeth City Co, Mr. John Branch. Mr. John Hoddin. 168 VIRGINIA CAROlOnXTM. under Grovernor Berkeley's influence, it was enacted " for the preservation of the puritie of doctrine, and vnitie of the church, that all men whatsoever, which shall reside in the coUony are to be conformable to the orders and con- stitution, of the Church of England, and the laws therein established, and not otherwise to be admitted to teach pub- lickly or privately. And that the Grand Counsel do take care that all non-conformists upon notice of shall be com- pelled to depart the coUony with all convenience." It was also re-enacted that no popish recusants should at any time hold office unless they had taken the oaths of alle- giance and supremacy, and that no popish priest could re- main in the Colony longer than five days, after receiving notice to leave from the Governor, or the authority of the place. The church pohty determined upon for the parishes was quite peculiar. In New England civil affairs were subject to the vote of the church, but the reverse was the order in Virginia, and spiritual concerns were under the supervision of officers chosen by the body politic. Each parish was in- dependent. The law passed, declared : " That thevestrie of Iile of Wight Co. Mr. Arthur Jones. Mr. Richard Death. Upper Norfolk Oo. Mr. John Carter. Mr. Randall Crew. Lower Norfolk Co. Mr. Cornelius Lloyd. Mr. Edward Windham. York County. Mr. John Chew. Capt. Chesman. Mr. Wm. Tayler. Northampton Co. Mr, Phil. Tayler. Mr. Edward Scarborough. VIBGIJSriA CABOLOBUM. 169 evrie parish, with the allowance of the commander, and comr's of the county living, and resideing within the said parish, or the vestrie alone, in case of their non-residence, shall from henceforward, have power to elect, make choyce of their ministers, and he or they so elected by the com- mander and com'rs, or by the vestrie, in case of non-residence as aforesaid, to be recommended and presented to the said commander, and com'rs or vestrie alone, to the Grovernor, and so by him admitted. Provided, that it shall be lawfull for the Gov' for the time being to admit and elect such a minister as he shall allow of in James Citty parish. And in any -parish where the Governour and his successors shall have a plantation, provided he or they enjoy not that privi- lege but in one parish, where he or they have such a planta- tion, And vpon the neglect, or misbecoming of the ministers or any of them compl't thereof being made by the vestrie, The Governour and Council are requested so to proceed against such minister or ministers, by suspension, or other punishment as they shall think fitt and the offence require, Removall of such ministers, to be left to the Grand Assem- bly." With a vestry elected by a community of godless planters, the most orthodox minister was liable to be com- plained of, suspended or removed, by the secular power, while a wine bibbing and horse racing parson could be re- tained for years by a vestry of jolly and loose living parish- ioners. As yet the rancor of civil war had not separated neighbors, and while Stegg the speaker of the House, Ben- nett of the Council, and others, sympathized with Parlia- ment, they were disposed to support their royalist Governor as the following legislation shows. 22 170 VIRGINIA CAROLORUM. " Whereas the vnkind differences now in England, It may be with great reason be assured to the most scrupolous that the severall pension & allowance from his Ma'tie to the Governour of this place is for the present withdrawn and suspended & that therefore for sustentation and support of the honour of this place of Governour in accomodation from the plantation in cleare and absolute terms of neces- sitie is required and inforced ; " Yet nevertheles this present Grand Assembly together and eye to the honour of the place, having alsoe entered into a deep sense and consideration of the duty and trust which the publique votes and suffrages have cast vpon them vnder which is comprehended as the most speciall and binding obligation the preservation of the rights and pro- perties of the people, to which this course now intended may seem to threaten violence however, rather innovated in the manner and circumstance, then in value and substance ; Yet as well for the silencing of pretences as for answearing arguments of weight. '■'It is thought fitt hereby to declare that as from the in- fancy of the colony there never was the like concurrence and pressure of affairs which they likewise hope and pray to Almighty God to [avert] from his Ma'tie and his ma'ties kingdom, soe they have recorded to the posteritie, with this ensueing president of accommodation for the Governour, that the aforesaid instance, and motives removed, they will never yield or consent to receive [renew ?]the same " and it was ordered that a levy of two shillings upon each tithable VIRGINIA GAROLORUM. 171 person, payable in provisions', be made for the support of the Governor, and a house with a lot of two acres was also presented, as "a free and voluntary gift, in consideration of many worthy favours manifested toward the Colony. " ■ At this session, persons who fled from England on account of their debts, were exempted from prosecution by creditors, because in the language of the Act, ' ' it might hazard the deserting of the great part of the country." Several changes were made in names and boundaries. The plantation of ' ' Achomack " was ordered to be called Northampton, and Charles River County was changed to York, and Warwick Eiver to Warwick County. Upper Norfolk was divided into three parishes, and "Chescake" was changed to Hampton Parish. Two parishes were created in Northampton County, one south of Kings Creek, the other between Kings Creek and Naswattocks. The monthly courts were made bi-mensal, and designated ae County Courts. Walter Austin, Rice Hoe, Joseph Johnson and Walter Chiles, were authorized to explore the country west and south of the " Appomattake " riv.er, with the privilege of trading with the Indians for fourteen years. All old settlers who arrived at the last coming of Sir Thomas Gates, or before, were exempted frojji military ■ Indian corn was rated at 10 shillings a barrel, two barrels in ear, equivalent to a barrel without cobs ; wheat at 4s. a bushel ; beef at 3J pence a pound, pork at 4 pence a pound ; good hens at 12 pence, capons at \s. M ; calves six weeks old, at 25 shillings ; butter at 8cif. per pound ; good goats at 30s. ; pigs to roast three shillings ; cheese 6 pence a pound ; geese, turkeys and kids each 5 shillings. 172 VIBQINIA CAROLOEUM. service, and public taxes, except those for the support of ministers. The doctrine of popular sovereignty was set forth in a declaration that an Act of the Assembly was higher than any act of the General Court, or proclamation of the Go- vernor. The New England ministers received no encouragement from Governor Berkeley. An old chronicler quaintly men tions : "They found loving and liberal entertainment in the country and were bestowed in several places, by the care of some honest minded persons that much desired their company rather than by any care of the Governor. ***** It fared with them as it had done before with the Apostles in the primitive times, that the people magnified them, and their hearts seemed to be much inflamed with an earnest desire after the Gospel, though the civil rulers of the country did not allow of their public preaching because they did not conform to the orders of the church of England, how- ever, the people resorted to them in private houses as much as before." Early in the summer of 1643, not wishing to continue preaching in opposition to the authorities, they returned to Massachusetts. Lord Baltimore profiting by the short- sighted policy of the Virginia Governor, was quick to make known through Capt. Edward Gibbons,' of Boston, that 1 Gibbons as a young man had been inclined to be wild, but became a sedate and prominent merchant of Boston, having commercial transactions with the planters of Virginia and Maryland. Gov. Winthrop, under date of 10th month 1646, v?rote: " But the Lord is still pleased to afflict us in our shipping, for Major Gibbons and Capt. Leverett having sent a new ship of about one hundred VIBaiNIA GAROLORUM. 173 the officers of Maryland would welcome any English non- conformist. In February, 1636-7, Cecil, Lord Baltimore, presuming upon his powerful court influence, and devoted friendship of Secretary Windebank,' applied for the Governorship of tons to Virginia, and having there freighted her with tobacco, going out of the river, by a sudden storm was forced ashore, and lost her anchor and mucli of the goods, to the loss (as is estimated) of two thousand pounds." Lord Baltimore in 1650, "having good experience of the honour, worth, and ability, of Edvvurd Gibbons, Esquire, JNIajor General of New England" appointed bim one of the council of State and Admiral of the Province of Maryland. He was present, in 1653, when Maryland surrendered to the Commonwealth of England, and at his death, he owned a wind-mill at Saint Mary. ' Francis Windebank, son of Sir Thomas, of Hurst, Berkshire, a graduate of Saint Johns, Oxford, was a trimmer, and trickster. Through the influence of Laud, when Bishop of London, lie was in June, 1633, appointed to succeed Sir Dudley Carl eton, the Viscoubt Dorchester, deceased, as Secretary of State, and that month George, Lord Baltimore, obtained the grant of Maryland. When Laud became unpopular, be forsook bim, and suspected of being a Roman Catholic be fled in 1640, to Franc* Charles the First learned to dislike him. In a letter from Paris, dated Feb. 5-15, 1640-1 the Earl of Leicester alludes to him: "I as- sure you that of all the men in the world; I have the least obligation, and the least affection to the little Ex-Secretarius that is come hither. I never held any other correspondence with him heretofore than that which his oflBce and my employment required ; and since his being here, he hath had no more from me than such civility as is due to a person of his quality, painfully and dangerously accused, I must confess, but not yet condemned for aught I know, and I am sure it doth not belong to me, to judge or to degrade him. He comes often to my chapel, though he find uo altars there to bow unto, nor any candles upon them to help a blind devotion." The Secretary, in 1646, died in Paris. Cecil, Baltimore, Feb. 23, 1686-7, to Secbetaby Windebank. Right Honorable. Since I waited on you I liave (lieere in the Country) further considered of the proposition which I made unto your Honor concerning the advancement of his Majties service in Virginia, and 1 have desired my Brother Pcaseleyto acquaint you with my resolution in it, which I will infallibly performe if his Majtie please to accept of it, for you may le most assured that I would not ingage my credit in business of such importance, and especially to such persons before I 174 VIRGINIA GAROLOEUM. Virginia, with a salary of two thousand pounds a year, and while it was not obtained, it is probable that by his influence, Gabriel Hawley received the appointment of Surveyor, and Jerome Hawley that of Treasurer of Virginia. Ever anxious was very well assured of my ability to performe with satisfaction what I under- take. I do presume by him, also to propose unto you a way of the King in the business ; such a one as I conceive may be most likely to take'effect, or In case of his refusall of it, in that way will I conceive be less prejudicial! to me; but this I submit to your better judgment. If the business takes effect as the King will receive a groat benefitt by it, so will it be of good consequence to me, which I shall accordingly acknowledge to your honor, and besides I shall thereby be inabled to do you such further service as shall make me to appeare unto you a really grateful man. I am much your debtor Sir for former favours, and in especiall for your present care of my New Foundland business, that concerns me very much which I shall likewise acknowledge to you, for I know by good experience your noble integ- rity and favour to me to be such, as that you will by the best of your Endeavors protect me from injury. Your honors most affectionate Warder Castle and humble servant, 25 Feb., 1686. C. Baltimore. Mbmoeial. The Lord Baltimore having considered of the discourse that was betwixt us Mr. Secretary and himself, concerning his desire to do his Majestie service in Virginia doth conceive (with submission to Mr. Secretary's better judgment) this to be a fitt way to propound the matter to the King. That Mr. Secretary may bee pleased to take notice to his Majestie how sensible he hath often found the Lord Baltimore to bee, for the great favours he hath received from the King in his late occasions, and how desirous hee is to do him some acceptable service, wherein hee may express his duty and gratitude to his Majesty. The consideration whereof hath Invited him to take some paines to informe himselfe, of the present state of Virginia whereof hee hath acquired so much knowledge as hee will understand the great prejudice the King suffers there by not receiving so much profit from thence, as he ought to have and is due ; wherefore he did assure Mr. Secretary that he would undertake to improve his Majesties Revenue further eight thousand pounds yearly more than now he re- ceived for, or by revenue of that plantation, and this his Lordship will do without laying any new, or other taxes or imposition on the Planters than what they now do, and will most willingly pay. But because this advancement of the King's revenue in Virginia cannot be effected unless the Lord Baltimore do remove and VIRGINIA CAROLOBUM. 175 for his own aggrandizement at the expense of poUtical and rehgious scruples, on the 28th of February, 1643-4, he re- ceived authority from the King, then at Oxford, authoriz- ing his brother Leonard Calvert, Governor of Maryland, to treat with the General Assembly of Virginia' as to duties to be imposed upon goods exported, or imported, and that, when this agreement was effected, that then Lord Balti- more should, with such associates, as he should choose, have a lease of these customs, with power to appoint such collectors as he might desire. reside some time tliere, which he cannot with his safety, well do except hee be authorized and enabled, by having the government of that country, whereunto, though Mr. Secretary perceives the Lord Baltimore hath no ambition or affec- tion, yet for the advancement and performance of this service liee doth verily thinke that upon his Majesties command tlie Lord Baltimore would accept of the government, and two thousand pounds per year for the support thereof, payable out of that improvement of Rent, and for that purpose would so accommodate his private occasions heere, as he might bee ready to transport himself thither with as much speede as his Maties service required. And that if his Majtie were pleased to speake with the Lord Baltimore hee would upon signification of his pleasure make his present repayre from the country, to give him particular and perfect satisfaction of the meanes and manner to raise the increase of Revenue. 'The following are extracts from a blank commission prepared on April 10, 1644. "Cecilius, Lord Baltimore, to all to whom these presents come, greeting: Whereas, our Sovereign lord, the King, by his Highness commission, under the great seal of England, bearing date at Oxford, the 28 day of February, now last past, hath authorized Leonard Calvert, brother of me, the said Lord Baltimore, to treat, conclude, and agree, and with the General Assembly of the Colony of Virginia, for and concerning the ascertaining and establishing, by Act of General Assembly there, of customs, and duties, to be paid to his Majesty, his heirs and successors in Virginia, upon exportation of tobacco and other goods and mer- chandize from thence, and upon all other goods and merchandize brought in and imported there, other than for necessary supply of clothing imported, as by the said commission more at large appeareth. And, whereas, by a contract or ageeemeut in writing, bearing date the day of the date of the said commission, made between our sovereign Lord, the King, of the one party, and the said Lord Baltimore of the other party, reciting the 176 VIRGINIA CAROLORUM. The Earl of Warwick as Admiral of the Parliament fleet, gave letters of marque to captains of ships authorizing them to capture all vessels from Bristol, Barnstable, Dartmouth and other places whose merchants supported the King, and during the winter of 164:3-4, the Virginians were informed that henceforth they should be free from all taxation not self-imposed, and that whenever there was a vacancy, they might choose their own Governor. While those in the Governor's presence continued to pray "God save the King," those who had business relations with the merchants of London, were disposed to give heed to the orders of the House of Commons. Eichard Ingle,' Captain of a London ship, in January, 1643-4, arrived in the watei's of Chesapeake Bay and saihng up to Saint Mary, the capital of the province of Maryland, he said commission liereinbefore recited, our said Sovereign Lord, tlie King, for tlie coEsideration in the said contract or agreenirnt expressed, is pleased, and hatli agreed with me, the said Lord Baltimore, that in case a certainty and customs, and duties shall be established by act of General Assembly of the said Colony of Virginia, according to the tenor of said coininission ; That then his said Majesty will make a lease, or grant to me, and such others as I shall desire to bo joyned with me, of the same customs and duties which shall be established us aforesaid, for such term, and under such rents and covenants as in the same contract or agreement are expressed," etc., etc. 'Ingle was probably the same person who came lo Boston early in the sum- mer of 1643, of whom Winthrop in his History of .\ew England, writes : " The ship Eleanor of London, one Mr. Inglee, master, arrived at Boston. She was laden with tobacco from Virginia, and having been about 1 1 days at sea, she was taken with such a tempest, as though all her sails were down and made up, yet they were blown from the yards, and she was laid over on one side, two and a half hours, so low as the water stood upon her deck, and the sea over-racking her continually. ***** .She staid here and was well fitted with masts, sails and rigging, and victuals at such reasonable rates, as the master was much affected with his entertainment, and professed that he had never found the like usage in Virginia, where he had traded these ten years." VIRGINIA GABOLORUM. 177 was arrested for speeches disloyal to the King, by acting Governor Brent, and the following proclamation issued : ' ' These are to publish & p'clay m to all psons as well seamen as others, that Eichard Ingle M"^ of his ship is arrested upon highe treason to his Ma'^ ; & therefore to require all p'sons to be aiding and assisting to his Lo"" offi- cers in seizing of his ship, and not to offer any resistance or contempt hereunto, nor to be any otherwaise aiding or assisting to the said Richard Ingle upon per'l of highe trea- son to his Ma"'." The chief charges^ when examined were of no great impor- tance and Thomas Cornwallis, the chief councillor and most prominent man in Maryland "to show his affection to Par- liament found means to free Ingle, and restore his ship, and goods, for which, he was fined the highest sum that could, by law, be laid upon him, and for safety of his person was forced to leave his estate in the hands of a servant, and fly with Ingle to England " about the middle of March. A Rotterdam vessel on the 22d of October, 16i3, arrived at Jamestown with a cargo of wine, and in it, was Oapt. De Vries as passenger. He remained during the whole winter "It was charged that on the 30th of November, 1641, "not having the feara of God before his eies, but instigated thereuato by the instigation of the divill & example of other traitors of his Matie traiterously & as an enemy did levie war and beare arms agst his matie & exercise the command and captain- ship of the town of Gravesend" in England ; that he had said in 1642-3, that in February of that. year he had been bidden in the King's name to come ashore at Accomac in Virginia, but he had refused to do so, and had threatened to cut off the head of any one who should come on his ship : that in April, 1643, at Mat- tapanian St. Clement's Hundred, he said "that Prince Rupert was Prince Traitor & Prince Rogue and if he had him aboard his ship he would whip him at the capstaiu." 23 178 VIRGINIA CAROLOBUM. in the Valley of the James Eiver and frequently visited Governor Berkeley, who treated him with great hospitality. The ship in which he came sailed one hundred and seven miles beyond Jamestown and discharged its freight. The planters, as when De Vries was before in Virginia, still lost "their servants by gambling." He wrote that while the Virginians were hospitable, ' ' they are not proper persons to trade with. You must look out when you trade with them Peter is always by Paul or you will be struck in the tail, for if they can deceive any one they account it a Eoman action. They say in their language ' He played him an English trick.' " On the 10th of April, 164-4, De Vries, at the si^ggestion of Governor Berkeley, engaged passage in a London ship of twenty-eight guns, then anchored at Jamestown. When the vessel reached Blunt Point, on the 13th, there was seen a Bristol vessel of twelve guns, pursued by two London ships discharging cannon, but it being of lighter draught sailed into Warwick Creek, and escaped with little injury. De Vries passed the night, after the fight, on board of one of the London vessels, and the next morning, visited the Bristol ship in the Creek, and learned that a planter who was on board to purchase some goods, had been killed. On the 15th of April, he went aboard his own ship, and on the 18th, eleven ships of London, each carrying from eigh- teen to twenty guns, sailed from the fort, at Point Comfort, for England. The eighteenth day of April, was Good Friday, of the eccle- siastical calendar, and Governor Berkeley had ordered it to VIItGINIA GAROLORUM. 179 be kept as a special fast day to pray for King Charles, but it was not observed, as it had become a day of unexpected mourning. The Indians observing that the white popula- tion was engaged in civil war, determined to gratify their revenge, and the day before Good Friday commenced to kill the settlers and continued their bloody work for two days. They divided themselves into small companies, and beset the English houses a little before the break of day, waiting for the first person who should open the door. Beating out his brains they entered the house, slew all within, and then burned the building with the dead, or wounded women and children.^ About three hundred whites lost their lives. Governor Oalvert, of Maryland had already gone to Ox- ford, to confer with King Charles, and Berkeley, perplexed by the demonstration against the King, made Secretary Kemp acting Governor; and sailed for England to take advice. While he was absent, during the summer, Capt. Thomas Stegg, a member of his Council and who had been speaker of the Assembly, in March, 1643, appeared in the waters of Boston with a letter of marque from the Earl of Warwick, and a ship of twenty-four guns, and finding there a Bristol ship with a cargo of fish, he showed the captain his commission and said that he would give him thirty minutes to consider certain terms of sur- render. The movement was surprising and there was great excitement, crowds having gathered upon Windmill Hill during the parley. The Bristol captain, after consulting with his sailors, accepted the terms, and the ship was taken 1 Johnson'a Wonder Working Providence. 180 VIRGINIA CAROLORUM. by Stegg as a prize. The next Sunday some of the Boston ministers denounced the Virginia captain, and urged the magistrates to prevent his taking the ship, but they did not see how they could restrain one acting under a commission from parHament. Majors Gribbons, and Sedgwick, were subsequently ordered not to permit any ships to fight in the harbor. Eobert Evelin after publishing in England in 1641, his small tract on New Albion, returned to America and was in 164:3, living on his plantation in Maryland. Some frontier settlers, near Pascatoway, having been murdered by ma- rauding Indians, Governor Calvert, on the 23d of June appointed him to ' 'levy, train, and muster" the people in that region, and protect them from the savages. During the month of July, he sat as a member of the Maryland Assem- bly' from St. George's Hundred, having been summoned by special writ. Sir Edmund Plowden^ probably arrived from England with • After this Assembly, Gov. Calvert vprote to Gov. Berkeley, asking him to send one hundred men by the first of October, to Kent Island to unite ia an expedition against the hostile " Sasquesahanocks, Wicomeses, and Nanticokes." On the 5lh of October the Governor and Virginia Coancil decidedthat it was " impossible to comply with his request, as many of the inhabitants were about to remove to new plantations, and were hardly able to get arms and ammunition to defend themselves ; and those remaining upon the old plantations not having a supply of military provisions, besides the heavy hand ot God's visitation upon the plantations generally, of which few were recovered." = Sir. Edmund Plowden, Kt., was the grandson of Edmund' Plowden, the learned and honorable pleader, who died in 1584, and whose commentaries on law, Chief Justice Coke called " exquisite and elaborate." His father was Francis Plowdep, of Plowden Salop. The Knight was married about the year 1610, to Mabel, daughter of Peter Mariner of Wanstead, Hampshire, who brought him an estate of £800 per annum in land. VIRGIWIA GAROLORUM. 181 Evelin, in 1642, and sailed up the river Delaware.' The set- tlement of English spoken of by the council of Manhattan, this year, as " obliquely opposite Fort Nassau," which is now the site of Philadelphia, may have been fostered by him, and near this spot in 1634:, Eobert Evelin, and his uncle Capt. Young, had stopped. The winter of 1642-3, Plowden seems to have passed in Virginia, and Maryland. Printz. the Governor of the set- tlement of Swedes, on the Delaware, in a letter to the Swedish West India Company, gives some account of Plowden. He mentions: "How last year [1643] in Vir- ginia he desired to sail with his people, sixteen in number, in a barque from Heckemack [Accomac] to Kikathans In 1632, lie with other persons petitioned the King for " Manitie or Long Isle " and " thirty miles square of the coast next adjoining, to be erected into a County Pa.latine called Syon to be held of " " his Majesty's Crown of Ireland without appeal or subjection to the Governor and Company of Virginia," with some modifications, the isle called Plowden, and the country New Albion, the. petition was granted at Oatland on July 34th, of this year, and a charter granted and sealed June 31, 1634, at Dublin, Ireland, He was a violent person. In 1635, owing to excessive cruelty his wife 'was obliged to leave his house. Plowden having professed conformity to the church of England, and giving bond not to use any cruelty, his wife returned to her home, but in March, 1639, she complained that her husband was still cruel and refused to support her, and remained in prison to avoid paying alimony. As late as the 7th of May, 1640, he was in the Fleet Prison, and probably after being released from confinement he sailed for America, where he stayed seven years. Not only his wife but others suffered from his unbridled temper. Philip Oldfield, Rector of Lasham, Hants, for twenty- born there, she had five other children at Doncaster or in London. Perhaps Richard Washington who died in Barbadoea in 1747, was a son of Richard, and grandson of -Henry. General Washington corresponded with a Richard Washington of London who may liave been the son of the Barbadoes Richard. In the autumn of 1751, George Washington took his sick brother Lawrence, to the Barbadoes. From a lelter of Theodore Pargiter dated London, Aug. 2, 1654, it is learned tliat he Imd a cousin John Washington at Barbadoes. Could this be the John who came to Virginia? See Waters' GHeauiugs in N. tt. Hist. Qen. Begister October, 1884. In a footnote on page 137 " Founders of Maryland," Munsell, Albany, 1876, Henry, the husband of Eleanor Harrison, by carelessness, is called Richard Washington. And, " it is probable that John Washington" in the same note should read ; It is probable that Richard of Barbadoes. As it now reads, it is without sense . ' Governor Fendall of Maryland on behalf of the Council of Maryland on Oct. 5, 1659, issued the following : ''Whbeeas John Washington of Westmoreland County in Virginia hath made complaynt ag'st Edward Prescott Merch't, Accusing ye s'd Prescott of ffelony, and the Gouernor of this Province alleging how that hee ye s'd Prescott hanged a witch on his ship as hee was outward bound from England hither, the last yeare upon wch complaynt of ye s'd Washington, Gou'r caused ye s'd Edward Prescott to bee arrested. Taking Bond for his appearance at this Provin- cial Court of 4000 lbs. Tobacco Gyving moreover notice to ye s'd Washington by letter of his proceedings therein (a copie of wch Herewth ye s'd' Washington answers thereto as followeth. ' " Mr. Washington Vpon yor complaynt to me yt Mr. Prescott did in his voy- age from England, hither, cause a woman to bee executed for a witch I have 33 258 VIRGINIA GAROLOBUM. Prescott the owner of the ship was held for trial. Prescott appeared in October, 1659, and declared that as owner.of the ship he had protested against the hanging, but that the Captain and sailors would not listen to his remonstrance, and he was discharged. A writer of the period, alludes to such occurrences. His words are : "Another wickedness which some traders thither have practised upon their passengers caused him to be apprehended uppon suspition of ffelony & I've intend to bind him over to the Provincial Court to answere it, when I doe allso expect you to bee to make good ye charge. Hee will be called upon ye 4th and 5th of October next at ye Court then to be held at Patux't neeare Mr. ffemvick's house where I suppose you will not fayle to bee. Witnesses examined in Virginia will bee of no value here, in this case, for this must be face to face with ye party accused or they stand for nothing. I thought good to acquaynt you with this that you may not come unprovided. This at present Sir, is all from ' "Yor ffriend JosiAS Pendall. " 29th September." ' On the next day, John Washington answered. " Hon'ble S'r Yors of this 29th instant, this day I received. I am soriy y't my extraordinary occasions will not permitt me to bee at ye next Provincial Court to bee held at Mary Land ye 4th of this next mouth. " Because then, God willing, I intend to gett'my young sonne baptized. All ye company and Gossips being already invited. Besides, in this short time witnesses cannot bee gott to come over. But if Mr. Prescott bee bound to answer at ye next Provincial Court after this, I shall doe what lyeth in my power to get them over. Sr. I shall desire you for to acquaynt mee whether Mr. Prescott be bound over to ye next Court, and when, ye Court is, that I may have sometime for to provide evidence. " Yo'r iiriend & Serv't " John WASHiNOTOiir." " 30th Sept. 1659." " To wch complaynt of John Washington the s'd Edward Prescott submitting himselfe to his tryall denyeth not but that there was one Elizabeth Richardson hanged on his ship as he was outward Bound ye last yeare from England and coming for this province, neare unto ye Western Island by his Master & Com- pany (hee having appointed one John Greene for yt voyage Master), though himselfe was both Mercht & owner of ye ship. But further sayth That he wth stood ye proceedings of his s'd Master & Company & protested ag'st them in that business. And that thereupon both ye Master & Company were ready to mutiny.'' VIMOIJSriA CAROLOBUM. 259 (scarce ever heard of before, much less practised by any that call them selves Christians) ib this, When a storm or tempest hath happened at sea in their passage from hence, thither, or they have otherwise miscarried, through the default of the Master or Pilot of the ship, so that their passage hath been tedious and difficult : Some of those Mas- ters have laide all the blame upon some of their passengers; and not onely accused them for vpitches, but executed some of them as witches, by their own authority, and without any legal trial and conviction." John Washington of Westmoreland, in 1661, was a war- den of White Chapel in Lancaster county. His brother Lawrence lived a few miles from him, on the banks of the Eappahannock river, Francis Doughty, a brother-in-law of Groveruor Stone of Maryland, the father-in-law of Hugh O'Neal of Patuxent, formerly, the minister of the English speaking members, of the Eeformed Church, at Manhattan, now New York city, was for a time in charge of Setting - bourne Parish, and among the records of Essex county, Va., there is the complaint of John Catlett, and Humphrey Boothe, to Governor Berkeley, that he was a non-confor- mist, and that " he denied the supremacy of the King, contrary to the canons of the church of England" and re- fused to allow them ' ' to communicate in the blessed ordi- nance of the Lord's Supper." William Ball' perhaps the person of that name in the Visitation of Cheshire "a soldier under Sir Thomas Fair- ' He died in 1630, and Brock mentions, tliat. lie left two sons, William and Joseph, and a daughter Hannali. Around White Chapel church there is a fpmbslone over the grave of David Ball ; and of JMaj-y Ann Ball the daughter 260 VIRGINIA CAROLORUM. fax," came from England in 1650, and settled at the mouth of Corotoman river in Lancaster county, and attended White Chapel church of which John Washington was warden. Some distance below these planters, at Carter's Creek, on the upper side, and not far from the mouth of York Eiver, in 1648, Lewis Burwell a planter of character entered a large tract of land, and in 1650, obtained a grant of sixteen hun- dred and fifty acres in Northumberland county. He died in 1656, and was buried' at Fairfield on Carter's Creek. Samuel Mathews having returned from England, as Gro- vernor and Captain General attended the Legislative Assem- bly of March 13th, 1657-8, convened at Jamestown. The former G-overnor Eichard Bennett became a member of the of Rev. Jolin Bertrand. A daughter of Richard Lee of Ditchley was the third wife of James Ball. A Mary Ball married a Washington, whose son, was the " first in war, first in peace, and first in the hearts of his countrymen." ' On his tombstone is the following: " To the loving memory of Major Lewis Burwell, of the County of Gloucester in Virginia, gentleman, who descended from the ancient family of the Burwells, of the County of Bedford, and North- ampton, iu England, who nothing more worthy in his birth, than virtuous in life, exchanged this life for a better on the 19tU day of November, in the thirty- third year of his age A.D., 1658." Meade mentions the following inscriptions at Carter's Creek upon stones mark- ing the resting place.s of the wives of Lewis Burwell, father and son. "To the sacred memory of Abigail, the loving and beloved wife of Major Lewis Burwell of the County of Gloucester, Gent, who was descended of the illustrious family of the Bacons, and heiress of Nathaniel Bacon, Esq., Presi- dent of Virginia, who, not being more honorable in )\er birth, than virtuous in her life, departed this world, the 12th of November, 1672, aged 36 years, hav- ing blessed her husband with four sons and six daughters." This inscription seems to be to the memory of the wife of Lewis Burwell, Senior. " The daughter of Robert Higginaop, Sl^e died November 26th, 1675. She was the wife of Major L. Burwell.'' VIBQIl^IA CAROLOBUM. 261 Council.' This Assembly is memorable for its discussion of the principles of Eepublican government, and for the suc- cessful assertion that the Burgesses were the representatives of the people, and that in them was vested the power to elect the Governor and Council. On the first of April, 1658, the Governor announced that the House of Burgesses* was dissolved, but the delegates ' Council in Mabch 1658-9. Eichard Bennett.' Capt. Henry Perry. Col. W. Claiborne, Secretary. Col. George Reade ? Col. John West. Lt. Col. Jolin "Walker 1 Col. Wm. Bernard. Col. Abra'm Wood. Col. Thomas Dew. Col. John Carter. Col. Obedience Robins. Mr. W. Horsmanden. Lt. Col. Anthony Elliot. ' BuBGESSES Maeoh 13, 1657-8. Henrico County. Major Wm. Harris. Oliwrlea Oity Co. Warham Horsmanden. Capt. Robert Wynne. James City Co. Hen. Soane. Thos. Loveinge. Maj. R'd Webster. Wm. Corker. Surrey County. Lt. Col. Thos. Swann. Major Wm. Butler. Wm. Edwards. Capt. Wm. Cawfield. Upper Norfolk Go. Lt. Col. Ed. Carter. Giles Webb. Thomas Francis. Lower Norfolk Co. Col, John Sidney, • Major Leonard M^son, 262 VIRGINIA CABOZORVM. declared that the step was improper, and asked that he would revoke the order. The Governor and his Council, after deliberation, expressed a willingness to recede, if the House would speedily adjoura, and refer the point in dis- pute, to the Lord Protector of England, but the House was not satisfied with this answer, and appointed a Committee, consisting of Col. John Carter, Warham Horsmanden, John Sidney, Thomas Swan, Eichard Webster, Jeremy Hain, and William Mitchell to consider what were the rights of the House and report thereon . They were of the opinion, after Major William. John Smith, Speaker. Jeremy Haine. Major John Bond. Thos. Tabernor. New Kent County. Lt. Col. Anth. Elliot. RouppahanTwck Co. LancaUer Co. Peter Montague. Peter Knight. William Kendall. William Mellinge. William Mitchell. Mizabeth City Co. John Powell. Wanoick County. Thomas Davis. York County. Robert Borne. Isle of Wight Co. John Brewer. Joseph Bridger. William Blacky. Gloucester Co. Capt. Thos. Ramsey Thomas Luceur. Col. John Carter. Northumberland Co. John Hanie. Northampton Co. Randall Revell. John Willcox. VIRGINIA CABOLOBUM. 263 examining the Constitutions, and present form of govern- ment, that the Burgesses were the representatives of the people, and that they could not be dissolved, except by their own consent. After this, the Governor appeared, and ac- knowledged the supreme power of the House, to elect the Governor and Council. The House then proceeded to the election of Samuel Mathews as Governor, and twelve Coun- cillors. Joseph Bridger an able and useful man, superin- tended the erection of a brick church five miles south-east from Smithfield. The first brick house in Virginia was erected in 1638, at Jamestown, and this church was built some years afterwards. The son of Joseph Bridger born in 1628, also named Joseph, may have been the member of this Assembly^ He was paymaster of the troops during the Bacon Rebellion, and a tombstone^ marks his remains in Smithfield church-yard. William Michell, or Mitchell, a member from Northampton county was not an ornament " COTiNCiLLOHS, April, 1658. John West. Henry Perry. Thomas Pettus. George Eeade. Thomas Hill. Abraham Wood. Thomas Dew. John Carter. William Bernard. Warham Horsmanden. Obedience Robins. Anthony Ellyott. = " Sacred To ye Memory 'of The Honble Joseph Bridger. Esqr. Councilr. of State in Virginia To King Charles ye 3d Dying April ye 15, A. D., 1686 Aged 68 years Mournfully left His Wife, 3 sons and 4 daughters." 264 VIRGINIA GAROLORUM. nor a blessing to the Colony, but an adventurer of ill fame from Maryland. Lord Baltimore had, in 1650, made him a Councillor, but soon deposed him. Leaving his wife in England, he brought over in the ship which he commanded several lewd women, and upon his arrival in the province led a most scandalous life,^ and scoffed at Christianity. Kandall Eevell a Burgess of the same county, followed the trade of a cooper, and had been in 1638, a member of the Maryland Assembly, and at a later period was quite promi- nent in the affairs of the Eastern Shore. The Assembly in March, 165Y-8, resolved that it was expedient to eject all lawyers who were Burgesses, and submitted their decision to the Governor and Council, who replied " The Governor and Council will consent to this proposition so far as it shall be agreeable to Magna Charta. " Wm. Claiborne." "23Martii, 1657 [0. S.] This communication was referred to a Committee who reported : " We have considered Magna Charta, and do not discover any prohibition contained therein," and the posi- tion of the Assembly was maintained. • Ann, a daughter of Elizabetli Bolton of St. Martin's in the Fields, Middlesex, was hired as a servant, to act as governess, whom he harshly used, and then sold to Francis Brooke, for a wife. At a court held on June 33, 1653, at St. Mary, Thomas Cole, aged thirty-two years, deposes : " That before coming out of England, he was at Mr. Edmond Plowden's chamber. He asked me ' with whom I lived.' I replied ' Capt. Mit- chell.' He persuaded me not to go with him to Virginia, and asked me ' of what religion, he was, and whether I ever seen him go to Church ; ' I made answer ' L never saw him to Church.' He replied, " that Captain Mitchell being among a company of gentlemen, wondered that the world had been deluded, so many hundred years, with a man and a pigeon,' referring to Christ and the Holy Spirit." VIEGINIA CAJS.OLOMUM. 265 At this period few English ships arrived, and Dutch vessels were prohibited, so that trade was stagnant. Lady- Newport, in England, under date of July 14, 1658 wrote : " My daughter Bromley has a son come from Virginia, he has been there almost four years, and there is no profit to be had there, trading is poor.'" Among the last official acts of Governor Mathews was the sending a letter' dated August 24, 1659, to Governor Fen- dall of Maryland asking him to co-operate, with an expedi- tion, under Col. Edmund Scarboi'ough, against the Assatea- guo band of Indians, dwelling upon the Eastern Shore near the boundary line of Virginia and Maryland. Scarborough, then at Occahannock, on the 28th forwarded the letter, which by some delay did not reach the Maryland Governor until the 23d of the next nionth, and mentioned that it was his intention in ten days to move with three hundred men, and sixty horses, and establish a garrison ' Sir Eicbard Newport in October, 1642, was created Baron Newport, bis wife was Rachel, sister of Sir Richard Leveson, bis daughter Beatrix married Sir Henry Bromley Kt., of Salop, and his son was, probably, the person who bad been in Virginia. • " The Concear)ie of saftie depending on those persons in trust hath directed the Intelligence of our present designes against the Assatage Indians and Con- federals, which we baue accomodated with sufficient forces now presumeing the advantage of this opportunity, lying before you reasons politicall will press your Endeavours to assault the Comon Enemy who soe long triumphed in the ruines of Christian bloud, that warr on the Sea Side willbe on our parts prosecuted, and if the Nanticoke and confederats be the Subject of your lik6 Designe, it may, if not vtterly extinguish yet sufficiently Subject the insolen- cicB of those Indians who now despise the English bonnour. Vse and improue this from " Tour humble Servant "Samuel Mathews," " Aug. 24, 1659. 84 266 VIRGINIA GABOLORVM. on the sea-side of the Eastern Shore, and then search for the Indians toward the head of Wicocomoko or Pocomoke river. Governor Fendall replied that he would consult with his Councillors, and on October 9 th at Patuxent it was decided to be inexpedient to engage in a war with the Assa- teagues, the cause of which was not mentioned in the Vir- ginia Governor's letter. The expedition upon the part of the Virginians was not abandoned, as the Assembly at Jamestown in March, 1660, made an appropriation to defray the expenses of the " late war in Accomack." At an Assembly convened in March 1658-9,' was chosen the " Honourable Colonel Samuel Mathews Governour, and 'Burgesses Mabch, 1658-9. Htnrico County. William Hatcher. Charles City Co. Col. Ed. Hill, Speaker. Warham Horsmandein James City Co. Walter Chiles. Capt.Tho's Foulke. Capt. W. Whittacre. Capt. Matt. Edlowe. Surrey Co. Capt. George Jordan. Capt. Wm. Cawfield. Thomas Warren. Isle of Wight Co. Col. Robert Pitt. Capt. English. Major John Bond. James Pyland. Upper Norfolk Co. Lt. Col. Ed. Carter. Giles Webb. Capt. Tho's Goodwyn. Lower Norfolk Co. Col. John Sidney. Lemuel Mason. VJJiGIJSriA OABOLOBUM. 267 Captain General for two years," and at the expiration of that period it was enacted that the next Governor should be elected from the Councillors, who henceforward should hold office for life unless impeached for misdemeanors. The Council refused to accept the life tenure, and the next ses- sion the law was repealed. A wise law was passed, that if, for any reason, the Governor, or Secretary, should fail to summon an Assembly, that then, the sheriff of James City could issue a call. During the summer of 1659, it was known in Virginia that Eichard Cromwell had given up the office of Protector, and ships which which left England in the beginning of December after a quick voyage of six weeks, anchored in Warwiak County John Harlowe. Mimbeth City G». "V\''illiam Batte. Florentin Paine, TorJc County, Nath. Bacou Bsq'r. Thos. Bushrod. Major Joseph Croshaw. Hew Kent Co. Col. John Carter. Col. Moore Fantleroy. Capt. Francis Willis. John Stringer. Wm. Hay. WUliam Black. Lancaster Co. Henry Corbin. Happahannock Co. John Weyre. Olouaeater Co. Capt. Augustine Warner. Northampton Co. William Jones. Northumberland County, Geo. Colecloagh. 268 VIRGINIA CABOLORUM. James Eiver, in January, 1660, with the news "that the Parliament was then sitting," and that General Lambert had gone forth to fight the forces of General Monk. Sir Henry Moody, who was then on a visit to Virginia, sent this intelligence in a letter to any English captain at Manhattan.' The Virginians were much excited by the report, as it was evident that another change in the government of England was impending. At this critical period Governor Samuel Mathews suddenly, died, and on March 13, 1659-60 [0. S.J an Assembly convened,' and the Burgesses declared that ' Letter of John Davenport, minister of New Haven, to John Winthrop, Jr ■Assembly of March 1659-60. Councillors Present. Ex. Gov. Richard Bennett. Col. Obedience Robins. Col. W. Claiborne, Sec. Capt. Henry Perry. Col Wm. Bernard. Lt. Col. John Walker. Col. Thos. Pettus. Col. Abraham Wood. Col. Francis Morison. Lt. Col. Edward Carter. Col. Edward Hill. Capt. Augustine Warner. Col. Thomas Dewe. Burgesses. Henrico Co. Theodoric Bland, Speaker Capt. Wm. Farrer. Charles City Co. Theodrick Bland. Charles Sparrow Capt. Robt. Wynne. James City Co. Henry Soane. Richard Ford. Capt. Robt. Ellison. William Morley. Surrey Co. Major Wm. Cawfield. William Browne. VIRGINIA CAROLORUM. 269 there being in England no resident, absolute, and general confessed power," for the present, the " Suprearpe power of Col. Robert Pitt. Maj Richard Hill. Giles Webb. Wm. DensoD. Capt. John Sidney. Col. Edm'd Scarboroagh. Major Wm. Waters. IsU of Wight Co. Maj. John Bond. Nicholas Smith. Upper Norfolk Co. Geo. Calchmaie. Lower Norfolk Co. Lemuel Mason. Northampton Co. Lt. Col. John Stringer Wanoick Co. Major Ed. Griffith. Mizdbeth City Co. Capt. John Powell. York Co. Nathaniel Bacon. Robert Baldry. New Kent Co. Col. Manwaring Hammond. Lt. Col. Robert Abrahall. Rappahannock Co. Col. Moore Fantleroy. John Weyre. Oloucester Co. Capt. Peter Knight. Col. Miles Cary. Lt. Col. W. Worliok. X'phen CalthrOpp. Major Joseph Croshaw. Capt. Francis Willis. Capt. Peter Jennings. Col. John Carter. Henry Corbin. Northumberland Co. Westmoreland Co, David Cant. Lancaster Co. John Curtis. Capt. Peter Ashton. Capt. Tho'B Foulke. 270 VIBGINIA CABOLORUM. the government," in Virginia was in them, and proceeded to elect one to fill the vacancy caused by the death of Mathews. It was therefore enacted "that the Honourable Sir William Berkeley bee Governour and Captain Gen'll of Virginia, and that he govern according to the ancient laws of England, and the established laws of this Country, and that all writs issue in the name of the Grand Assembly of Virginia." To him was given the power to select a Council and Sec- retary, every two years, but he could not dissolve an As- sembly except with the consent of a majority of the Bur- gesses. ' ' According to the desire" of Governor Berkeley, the Assembly confirmed Col. William Claiborne, Secretary of State. Theodoric Bland,' the son-in-law of Bennett, the first Governor under the Commonwealth, was elected Speaker. The faithful minister, Philip Mallory, was voted two thousand pounds of tobacco for his services, and he and a minister named Lansdale were invited to preach at James- town, during the session of the next Assembly. Good feeling prevailed during the sessions of the Assem- bly, and republicans and royalists, seemed to be only ■ Theodoric Bland on January 16, 1629-30 was baptized at St. Antholm's Lon- don was a mercliant in Spain and in the Canary Islands, and in 1654, came to Virginia. His wife was Anne, daughter of Governor Richard Bennett. In 1676, John Bland of London, his brother, published a memorial with this title The, Humble Betnonsirance of John Bland of London, Merchant, on the Behalf of the Inhabitants and Planters in Virginia and Maryland." The Lon- don merchant was prosperous, and did many friendly acts for Virginia. In 1660, a Richard Bland was a commissioner of Elizabeth City County. Theodoric Bland died In 1671, and was buried within the walls of Westover Church, between the bodies of William Perry and Walter Aston. He left three sons, Theodoric, Richard and John. VIMGINIA CAROLORVU. 271 interested in promoting the prosperity of Virginia. A resolution of good will was passed, acknowledging the services of the family of Lord Delaware in these words : ' ' Whereas the many important favours and services ren- dered the country of Virginia by the noble family of the Wests, predecessors to Mr. John West,* the now only sur- vivor, claim at least a gratef ull remembrance of their former merrits be still continued to their survivors. It is ordered, that the levies of the said Master West and his family be remitted and he be exempted from payment thereof during life." In February, it was known at New- Amsterdam that the Governor of Virginia was dead, and Governor Stuy vesant " ' Secretary Brock of the Virginia Historical Society, contributes the follow- ing document signed by John West, to the New England Historical and Genea- logical Begiiter, January, 1886. •' Oct. 29, 1655. This day Pindabake, the Protector of the young King of Chiskoyak was at my house, intending to have spoken with the Governor, then expected to be heerd but he came not. & therefore hee desyned to leave his mind with mee. Major Will Wiat & divers others, as foUowith, viz : that Was- sahickon the had freely given unto Mr. Edward Wyatt and his heyres, executors, administrators or assigns, all the land from Mr. Hugh Gulun's old markad trees Vttamarke Creeks, including all Pagan high Land being freely given, and with the consent of all the rest of the Indians, it was also agreed among them all, that neither the King, nor any other of his Indians should sell, alienate, or dispose of any land belonging unto them, without the consent of Mr. Ed. Wyatt, which was the only business that he had to acquaint the Gov'r therewith in the behalfe of Mr. Ed. Wyat as we heere xJo testify under our hands this present 29th of October, 1655. " John West." The witnesses were : Willm Benett, John West Junior, By mark Toby West, Pindabake Protector Of Wm Godfrey, ) Sign the young King John King, V with Chiskoyake John Talbutt, ) mark 272 VIRGINIA CAROLORUM. and the Council deputed Nicholas Varlett, and Brian New- ton to go and expi'ess their sorrow, for his " sad and unex- pected decease," their wish to renew old friendship, and make a treaty for free commerce. If practicable, they were also desired to enlist soldiers, for service in New Nether- lands. The instructions to the Commissioners were definite and judicious. They were to land at " Kycetan " now Hamp- ton, and "salute Colonel Claborn " who still resided there, and was Secretary of the Colony, "and request his advice, counsel and help, for the greate security of the yacht." After receiving information from Claiborne, they were to present their credentials to the recognized representative of the Colony, and ask for a conference to aa-range a prelimin- ary treaty. If consent could be obtained, they were to enlist " some good, resolute men, and among them, as many Scots as possible " in all not more than " twenty -five or thirty." If they had time, the suggestion v/as made that they should " cross over to Maryland," and " inquire as secretly as possible whether any preparations against our people in the South river were being made there." They wei'e also instructed in case a treaty was agreed u])on with the author- ities in Virginia, that it v/as not final, until revised, and approved by both sides. Should they find upon their arrival, that no Governor had been chosen to fill the va- cancy, after remaing eight or ten days, they were to leave, with the understanding, that negotiations would be resumed in the autumn. As Heerman was well acquainted with the English language, they were authorized to obtain his assist- VmatNlA GAROLOnUM. 273 ance. The Assembly was in session when they arrived, and had elected Berkeley to fill the office of Governor made vacant by the, death of Mathews. While for good rea- sons, the commissioners were not allowed to enlist soldiers to serve under a foreign flag, they were treated courteously and the outline of a treaty settled. In April, they returned to Manhattan, and in June, Sir Henry Moody arrived on the part of Virginia, with credentials signed by the Grovernor, and Theodore Bland, the Speaker of the Assembly. Four articles were agreed upon, and sent to Governor Berkeley for approval, which however he could not sign for reasons in the following letter, written on August 20, 1660, to Go- vernor Stuy vesant : " Sir, I have received the letter, you were pleased to send me, by Mr. Mills his vessell, and shall be ever ready to comply with you in all acts of neighbourly friendship and amity. But, truly Sir, you desii-e me to do that concern- ing your titles, and claims to land in this northern part of America, which T am in no capacity to do, for I am but a servant of the Assembly, neither do they arrogate any power to themselves, further than the miserable distractions of England force them to. For when God shall be pleased in his mercy to take away and dissipate the unnatural divi- sions of their native country, they will immediately return to their own professed obedience. What then they should do in matters of contract, donation, or confession of right would have little strength or significance; much more pre- sumptive and impertinent would it be in me to do it with- out their knowledge or assent. We shall very shortly meet again, and then, if to them you signify your desires, I shall labor all I can, to get you a satisfactory answer." 85 274 VIRGINIA CAHOLOMtlM. Sir Henry Moody, Bai'onet, was the son of Lady Deborah Moody whose maiden name was Dunche. Her grandfather WiUiam Dunche, who died May 11, 15T9, had two sons, Edward and Walter. Edward was a member of parlia- ment during the reigns of James the First, and also his son Charles. Walter of Avesbury, Wiltshire, married Deborah daughter of James Pilkinton, first Bishop of Durham under Queen Elizabeth, who was kind to non-conformists. One of the four daughters of Walter, Deborah, married Sir Henry Moody, Baronet^ of.Garsden, Wilts. About the year 1632, Lady Deborah Moody was left a widow with one son, Sir Henry. After residing some time in London, about A.D., 1639, she sailed for America, and in April, 1640, was a member of the church at Salem, Mass., and in 1641, purchased the farm near Lynn, of John Hump- ries, whose wife was a daughter of the Earl of Lincoln. Lechford, writes ; "Lady Moody lives at Lynn, but is of Salem church. She is a good lady, almost undone by buying Master Humphries farm." In December, 1642, she was presented for holding that the baptism of infants was no ordinance of God, and the next year she moved to New Amsterdam, for liberty of worship. In March, 1643, in the Massachusetts Eecords it is mentioned, that the Eev. Mr. Walton " is for Long Island ' The last wife of Sir John Stafford, was the sister of Sir Henry Moody, Bt. Stafford had been baptized at Geneva January 4, 1655-6, John Calvin standing as sponsor. Stafford's father died in Geneva, May 5, 1557. VIRGINIA CAROLORUM. 275 shortly there to set down with my Lady Moodie, from under civill and church watch among ye Dutch." For a time she was molested by Indians, but on the 19th of December, 1645, a patent for the town of Gravesend, Long Island, was given unto "Ye honoured Lady Deborah Moody ; Sir Henry Moody, Baronet ; " and others and " to have and enjoye the free libertie of conscience according to the custome and manner of Holland, without molestation or disturbance from any madgistrate, or madgistrates, or any ecclesiastical minister." In 1655, her house was surrounded by Indians, who were at last driven away by soldiers from New Amsterdam, and about 1659, she died. Her son, Sir Henry Moody may have remained some time in England. After his mother's depart- ure, his father's place at Garsden was sold to a Sir Laurence "Washington, chief register, who died in 1643, at the age of sixty-four years. He was as early as 1645, on Long Island. In September, 1659, a fort belonging to the Dutch, about eighty miles above Manhattan, was for some weeks sur- rounded by a large body of Indians who destroyed corn- fields, knd killed settlers. Sir Henry Moody was requested to raise a company, and go to their relief. He marched to the fort, dispersed the Indians, and entering it unfurled the English flag. About this time he disposed of his plantation at Gravesend, Long Island, and this year, made a visit to Virginia. In October, 1660, the Virginia Assembly ordained: " That Sir Henry Moody bee implored in an embase by the right honourable the Governor, to the Manados, about the affaires of the country shall have elevaen thousand pounds of 276 VIRQIJSriA CAROLORUM. tobacco out of the levie, this year, as a gratuity for his paines therein." After this, he took lodgings with Daniel Litschoe, an inn- keeper of New Amsterdam, whose house according to Gerard, was near the present juncbion of Wall and Pearl streets, New York City. He appears at this time to have been quite poor, as on the 20th of September, 1661, he left certain books' for the payment of his board and lodging. He returned to Virginia, and died at the house of Colonel Francis Moryson, acting Governor during Berkeley's absence in England. He was the first Baronet who died in Vir- ginia. While a few of the colonists were educated and able to educate their children in England, the great majority were ' In N. T. Col. Doc's, Vol. 4, 8vo, 1851, p. 640, is the following: •' Catliologue containing the names of such books as Sir. Henry Moodie left in security in hands of Daniel Litscho when he went for Virginia. A latyu Bible in folio. A written book in folio containing privatt matters of State. Seventeen severall books of devotional matter. A dictionaries Latin and English. Sixteen several latin and Italian bookx of divers matters. A book in folio containing the voyage of Ferdinand Mendoz. A book in folio kalleth Sylva Sylvarum. A book in quarto kalleth, bartas six days worke of the lord and translated in English by .Joeiah Sylvester. A book in quarto kalleth the Sume and Substance of the Conference which it please his Excellent Majestie to have with the lords, bishops, &c., at Hampton Court contraeteth by William Barlow. A book in quarto kalleth Ecclesiastica Interpretntio or the Exposition upon the difficult and doubtful passages of the seven Ejiistles called Catholique, and the Revalation collected by John Mayer. Eleven several bookx moore of divers subjects. The verification of his father's knights order given by King James,'' VIRGINIA GAROLOBUM. 277 not above the grade of laborers, and enjoyed but few of the comforts of life. Lionel Gatford, B. D., published in 1667, a small treatise entitled "Publick Good without Private Interest." He was friendly to Lord Baltimore, although a Puritan. In a dedicatory epistle to Cromwell, "his Highness, the Lord Protector of England, Scotland and Ireland," he writes, that "poor, neglected, despised Virginia, and the English Colonic there, with the adjacent heathen inhabitants of the same continent, came often and often into his thoughts." In allusion to the peculiar form of church government in existence, he used this language : "It cannot be expected that either your petitioner, or any other, how zealously affected soever they are to the advancement of God's glory and the propagation of the Gospel of Christ, should leave their preaching, and other ministration here, in their own native Country that so much needs them, though they should be allowed to preach no where but in bonds and fetters, or in caves, and other hiding places (which they fear not, so long as your Highness shall retain the Sovereign power solely in your own hands) and go into Virginia to labour there, in utter impossibilities, or to be thrust out from labouring, when any probabilities of doing good should be offered there, only upon that distast or suggestion of any turbulent or vicious persons that shall complain of them to a Governour as indifferent, and vicious as themselves." In the treatise among other hindrances to the prosperity of the Colony, are mentioned : "The people that are sent to inhabit in that Colonie, are the most of them the very 278 VIRGINIA CAROLORUM. scum and off scouring of our Nation, vagrants or con- demned persons, or such others, as by the looseness and viciousness of their lives have disabled themselves to sub- sist any longer in this Nation ; and when they come thither either know not how, or will not betake themselves to any sober, industrious course of living. And if they chance to get ought to maintain them in their licentiousness and wicked- ness fall to practising their old abominable practice there, as much or more than they ever did heer. So that if they come to be members or officers in the said Colonies, whereby they are rendered more conspicuous in their true colours, their idleness, and otherwise evil examples, do noi> only corrupt and taint others of the same Oolonie, but cause the very Heathen to loath both them and the very profession of Christianity for their sakes." He also lamented "that very many Children and servants sent into that Plantation, that were violently taken away, or cheatingly duckoyed without the consent or knowledge of their Parents or Masters by some proestigious Plagiaries (commonly called Spirits) into some private places, or ships, and there sold to be transported; and then resold there to be servants or slaves to those that will give most for them. A practice proper for Spirits, namely the Spirits of Devils, but to be abhorred and abominated of all men that know either what men are, or whose originally they are, or what their relatives are, either natural, civil, or Christian." In every country, at its first settlement, will be found hardy adventurers, of obscure birth, and wholly dependent upon their energy, and industry, who rise to positions of prominence, and influence, and it was not remarkable, that VIRGINIA CAROLORUM. 279 the Asseinblies in the days of Berkeley, and the Common- wealth, should have contained some of these. If Abraham Wood, a boy ten years of age, could come to Virginia, and after serving his term as a servant, advance in position, and in 1654, be a Burgess, it is creditable to him, and if in the Assembly of that year should also be John Trussell, who when he was nineteen years of age, in 1622, became a servant in Charles City County, and William Worlich, who came the same year when eighteen years old, and was a servant in Elizabeth City, it only shows what poor immigrant boys like those of the present century who have landed at New York City, may by perseverance, ac- complish. General Monk reached London, early in February, the news of which was received, in Virginia, before the first of May, with the report, that the monarchy would soon be re- stored. On the 29th of May, Charles the Second entered London amid the acclamations of the people. CHAPTEE VIII. FROM THE RESTORATION OF CHARLES THE SECOND, TO A.D. 1671. Colonists quietly accept restoration or the King. Instruc- tions TO GovBBNOE Beekblby. Philip Mallory, clergyman, VISITS England. Berkeley in England. Francis Moeison, chosen temporary Governor. Quakers fined and impris- oned. Ofeicb Seekers. Encroachments upon Indians. Grant op 1662, op lands, to favorites of the King. Pub- lication op " Virginia's Curb." Governor Berkeley's re- turn. Legislation against Quakers and Baptists. Attempt to build up Jamestown. Birkenhead conspiracy. Fugitive SERVANTS. Burgesses A.D., 1663. Persecution op Quakers. Scarborough, Surveyor General, criticises Quakers. Con- ference AS to cessation of tobacco planting. ^ ILLIAM DrUM- MOND AND Thomas Woodward. Letter op Morison in behalf op Virginia. Annual elections postponed. Northern In- dians. Conference op 1666, as to tobacco. Burgesses in 1666. Ships in 1667 destroyed by thb Dutch. Colonists Dis- contented. Silk presented to the King. Explorations op Lederer, and Henry Batt. Jail Birds. Suffrage restricted. Berkeley's Report op 1671, to Commissioners op Planta- tions. [HE transition from the rule of the Commonwealth of England, to the government of Charles the Second, was as quiet, and bloodless, as, the sur- render in 1652, to the former power. The merchants of Vir- VIRGINIA CAROLORUM. 281 ginia had little interest in the political disputes of England, and hoped that by the restoration of Charles the Second, they might obtain a repeal of the Navigation Act, which restricted the carrying of tobacco, to vessels owned by Enghshmen, and had depressed the commercial interests of the Colony. As the people, by their Burgesses, had freely elected Berkeley, Governor, who had acknowledged,' that he was, " but a servant of the Assembly's, " and as his brother John was one of the friends and advisers of the King, they believed it to be good policy to cordially accept the changed condition ' of affairs. The King on the 31st of July, recognized Q-ov. Berkeley and the Council. The Assembly which convened on the 11th of October, 1660, only transacted absolutely necessary business. The Council and Assembly had been obliged to meet in the houses of Mr. Woodhouse, and of Thomas Hunt, and the Governor was requested "to take into his care the building of a State House," and to make contracts at his pleasure. He was also empowered "to presse tenne men of the ordinarie sort of people, allowing each man two thousand pounds of tobacco, per annum, and to employ them toward the building of a State house," but no work was done. A Committee ad interim was appointed, composed of Henry Soane, Speaker, Na- ' See Chapter VII, Berkeley's letter to New Amsterdam authorities. •Their language in acknowledging the King was not as servile as that of ths Massachusetts Colony. Governor Endicott by order of the General Court, of the latter, on Aug. 7, 1661, fulsomely wrote, " Royal Sir : Your just title to the Crown enthronizeth you in our consciences ; your graciousness, in our affections • that, inspireth imto duty, this, naturalizeth unto loyalty." 36 282 VIRGINIA GAROLOBUM. thaniel Bacon, Esq., Col. Miles Gary/ Major Nicholas Hill, Capt. Kobert Ellyson, Oapt. George Jordon,^ and Mr. Wal- ter Chiles, and until the 23d of March, 1660-1, a recess was taken. The Council for Foreign Plantations in England directed a letter to Sir WiUiam Berkeley, Governor "for the time being" and the Virginia Council, in which, they enjoined that all rehgious exercises should be according to the pro- fession of the church of England, and that they should en- courage learned and orthodox ministers, as it was a shame for a rich and flourishing people to be without a ministry ' Colonel Miles Gary was a descendant of William Cary, merchant, the Mayor of Bristol in 1546 ; in 1665, lie was one of the Council of Virginia. On March 29, 1666, he was superintending the erection of defences at Point Comfort against the Dutch, and here lost his life. Two of his sons. Miles, and Thomas, were prominent in public affairs and identified themselves with the Quakers. Story, a Quaker preacher, brotlier of the Dean of Liamore, and Keeper of the Great Seal of the Province of Pennsylvania, and one of the early Mayors of Phila- delphia, held in 1690, a Friends' Meeting at Yorktown. Two days after, he writes " Went to Thomas Carey's who had been lately convinced. His wife had been also. His brother Miles, and wife, coming hither to see ns were made partakers of the same visitation." Several years later he made another visit and wrote : " Made a visit to Miles Carey, Secretary of the County, who being absent, his wife, a Friend, prevailed with us to stay to supper." Thomas Cary thought to be the son of the Councillor, married a daughter of Archdale, the Quaker Governor of Carolina, and in 1697, was Receiver General of that Colony, " Jordon is a name found in the earlier records. In the first Assembly of 1619 was Samuel Jordon. Mary Tne, daughter of Hugh Crouch, executrix of Lt. Richard Crouch, in 1622, " assigned 100 acres of land wch lies in Diggs, his Hundred to Samuel Jordon of Charles Hundred, gentleman." Neills' Virginia Company, p. 315. In Marcli, 1623, Robert Jordan was slain by the Indians at Berkeley Hundred five miles from Charles City. Alice the daughter of John Miles, and wife of George Jordon, died January 7, 1650 (O.S.) VIRGIJSriA GAROLORUM. 283 proportionate to the population, and such a ministry was necessary to the winning of the souls of those whom they had purchased as slaves. " With this communication was sent the King's Proclama- tion from Breada, and an Act of Indemnity. The letter was entirely conciliatory, and they were urged to lay aside "ani- mosities begotten by the late distracted and unsettled times, and affectionately unite, so that former differences be buried in oblivion. " The old London Company was reported to be again making an effort for the restoration of their charter, and the Assembly fearing the loss of their, liberties, from the Plantation Commissioners, determined to send Sir William Berkeley, at their own' expense, to act as their agent, in England and present their wants to the King. Phillip Mallory, who had "been eminently faithfull in the ministry, and very dilligent in endeavouring the ad- vancement of all those meanes that might conduce to the ad- vancement of religion," was also appointed by the Assembly of March, 1660-1, to undertake to solicit in England, in behalf of their " church affaires." Berkeley reached London in the summer of 1661, when the Cavaliers were in a frenzy of joy. A formal, political, and hence unlovely, type of Puritanism had succumbed to the noisy, jeering, and pleasure-loving sycophants of the Court. Taverns, brothels, and theaters, had rapidly increased since the Coronation day, and the Virginia Governor was pleased to see the performance on the stage of his tragi-comedy.^ ' Pepys on January 19, 1660-1, went to the theatre and saw the "Lost Lady " played, but was not niuch pleased. 284 VIRGINIA CAROLOEUM. "The Lost Lady" which twenty years before had been entered at Stationers' Hall. His visit, with his brother, a favorite of the King, and high in power, tended to develop the worse, and restrain his better traits, so that Berkeley before, and Berkeley after the restoration, did not appear the same person. Francis Moryson,' also written Morison, had been chosen Governor during the absence of Berkeley, and the Assembly of March, 1661-2, provided for a revision and modification of the laws of the Colony, and also ' 'sett downe certaine rules to be observed in the government of the church, until God shall please to turne his majesties pious thoughts toward us, and provide a better supply of ministers." The "whole liturgie" every Sunday was to be "thor- oughly read." The word Sunday or Lord's Day is used more frequently than Sabbath in the Acts. The " orna- ments" of the church were called " a greate bible, two com- ' His ■wife was Cecilia, the sister of Giles Rawlins, who was Killed in a duel with one of Lord Dillon's sons, in August, 1663, in St. James Field, Pall Mall. His brother, was Richard who had been in charge of the rude fort at Point Comfort. The latter obtained this appointment through his father's influence with Lord Falkland. On January 3d, 1648, there was granted to Richard 110 acres in Elizabeth City known as " Port Field." The widow Winifred Moryson who obtained a grant in 1653, of 400 acres on the south side of Horn Harbor creek was probably the mother. Major Francis Moryson on June 1, 1654, obtained possession of 24 acres near Jamestown, upon which stood the old " Glasse House." In 1631, Capt. William Norton with some Italians were sent by the London Company to establish glass works. Norton died, in 1633, and Sandys, Colonial Treasurer, wrote that the Italians were disorderly, and "Vincenzio had cracked the furnace with a Iron crow-bar." See Virginia Vetusta, page 131. The glass factory was not successful and the ground upon which it stood was sold by Governor Har- vey to Anthony Coleman, and by successive assignments became the property of Prandi Morison. VIBQIJSriA CAROLOEUM. 286 mon prayer books, a communion cloath and napkin, a pulpit, and cushion." For the support of the government, a duty of two shil- lings was imposed upon every hogshead of tobacco shipped to England, and ten shillings upon each hogshead shipped to foreign ports, those ships excepted, belonging to persons residing in the Colony. Fines were ordered to be imposed upon Quakers, and other non-conformists, holding unlawful assemblies. Wil- liam Cole of Maryland, a Quaker, soon after visited Vir- ginia, with George Wilson, one of their preachers from England, who violating the law, was imprisoned.' A letter written by Wilson, shows that members of the Society of Friends m their plainness of speech, seemed coarse and un- charitable. It was dated "From that dirty dungeon in Jamestown, the 17th of the Third Month, 1663," (0. S.) and is as follows : " If they who visit not such in prison (as Christ speaks of) shall be punished with everlasting destruction, O what will ye do ? Or what will become of you who put us into such nasty, stinking prisons, as this dirty dungeon, where we have not had the benefit to do what nature requireth, nor so much as air, to blow in, at a window, but close made up with brick and lime, so that there is no air to take away the * William Robinson, a merchant of London and Quaker preacher, as early as 1658, visited Virginia. In a letter written, at Boston, not long before he, and William Leddra, to the disgrace of the Puritans, was huntr, he uses these words : " I came lately from Virjjinia, with my brethren Robert Hodgson, Christopher Holden and William Leddra, at which place I was about fourteen months in service, and hard travel, through the Country, for the Seeds Sake. * -^ * j was in prisoh in Virginia about six months." 286 VIRGINIA CAROLORUM. smell our dung and p ' who for all their cruelty, I can truly say, ' Father forgive them, for they know not what they do.' But thus saith the Lord unto me ' Tell them that because wilfully they are ignorant, I will strike them with astonishment, and will bring upon them the filth of their detestable things, and in that day they should be glad if they could to eat their own dung and drink their own p , it shall so odiously stand before them, that it shall be an evil stink in succeeding generations. This you shall eternally witness, for I have spoken with you in the name of the Lord, in whose authority this is to go abroad." John Grave, also a Quaker, this year wrote a poem which was printed with title "A Song of Sion, written by a Citizen thereof, whose outward habitation is in Virginia ; and being sent over to some of his Friends in England, the same is found fitting to be published, for to warn the seed of Evil Doers." As soon as it was known that negotiations were begun to place Charles the Second on the throne, applicants for places in Virginia preferred their requests. Captain James Neale^ ' It is unnecessary to print this -word in full, whiob is now considered vulgar. ' Neale was Captain of a Maryland pinnace at an early period. On the Ist of September, 1642, he arrived at Boston with two pinnaces, commissioned by Go- vernor Calvert to buy mares and sheep. While there one of his pinnaces was found to be worm eaten and was abandoned. After the civil war in England commenced, he crossed the ocean, and lie and his father fought for the King. In 1660, he returned to Maryland commended by Lord Baltimore, and in 1666, petitions the Assembly for the naturalization of Ann his wife, and children Henrietta Maria, James, Dorothy, and Anthony, born in Spain during his resi- dence there, as a merchant, and when employed there by King and Duke of York "in several emergent affairs" His daughter Henrietta Maria married Richard, the son of Eichard Bennett the Puritan, who, for a time, lived near the Severn River, and was subsequently Governor of Virginia. VIBGINIA CABOLORUM. 287 who had been before the civil war a prominent man in Maryland, and had shed his blood on the royalist side during the Commonwealth period, before the King, left Breda, asked to hold the office of Treasurer of Virginia, but, this was given to Major Henry Norwood, a relative of the Go- vernor. Thomas Ludwell received the Secretaryship which had so long been held by William Claiborne, and in the place of Thomas Lovinge, Edmund Scarborough, became his Majesty's Surveyor General. Philip Honeywood who had been in Virginia, a guest at Ealph Wormeley's returned to England, and in April, 1662, was in command of the garrison, and subsequently Deputy Governor of Portsmouth. Nicholas Downe, the chief cook of his Majesty's kitchen died in Virginia, and Ann his widow petitioned the easy tempered King for an annuity.^ In view of the fact that the Colony was threatened with ruin by the excessive planting of a single staple, tobacco, which was sold at so low a rate that " neither merchant, nor planter could well subsist," the Assembly enacted that a quantity of flax seed should be brought from England, and distributed in the several counties, to agents, who were authorized to sell it on time to planters, and a premium of three pounds of tobacco was offeredF to every one who would spin the flax raised, and weave the yarn into cloth, a ' Anthony Langslon, who had been an ensign in Prince Maurice's Regiment, after fourteen years residence in Virginia, in January, 1663-3, returns to Lon- don, and is fond of drinking in tlie Dog Tavern. In a brawl, he killed a man was tried, found guilty of manslaughter and sentenced to be burned in the hand. By the eflort of friends he was pardoned, and became a captain of the •"aval service. 288 VIRGINIA CAROLORVM. yard wide; and for every yard of woolen cloth made of yarn spun in the Colony, a promise of five pounds of tobacco was offered . A promise of fifty pounds of tobacco was also offered for any sea going vessel built in the country. Henry Soane, Speaker, having died, Captain Eobert Wynn took his place. Hon. Nathaniel Bacon^ having been made one of the Coun- cil, Major Edward Griffith was appointed to fill the vacancy in the Committee ad interim. The Assembly was not dis- solved, but adjourned to meet in March of the next year. As settlers increased upon the shores of the Potomac, and Eappahannock, collision with the Indians became more frequent, and the Assembly was disposed to protect the savages as far as they could. Captain Giles Brent, Col. Gerard Fowke,^ Captain George Mason, and Mr. John Lord were censured for the "injuries and affronts done to Wahan- ganoche," the chief of the "Potowmeck " Indians, and Brent and Folke, for arresting and binding the chief, were heavily fined, and debarred from holding any office civil or military, and Mason, and Ford, were also fined, to a small amount. Col. Moore Fantleroy' for his treatment of the Eappannocks ' See Chapter VII, for a notice of this councillor. • Colonel Gerard Fowke was the son of Rog^er End Mary Folke of Gunston Hall, Staffordshire, and a Gentleman of the Bed Chamber, in days of Charles the First, and Colonel of Cavalry in battle of Worcester, and now a merchant. He obtained 1400 acres at Paspatany on the Potomac River. Captain George Mason was his cousin and both had been Colonels, in the King's army, during the civil war. Gerard Fowke's daughter Mary, married her cousin, the son of Captain George Mason. — Dinwiddie Papers, Vol. I, p. xxiii. 3 In 1663, Moore Fantleroy in England "an untoward fellow" was suspected of opposition to the King. Perhaps he was a relative of the Virginia immigrant. VIBGIJSriA CABOLOBUM. 289 was disqualified for holding ofiice, and bound to good behavior. At this Assembly, it was ordered that Mr. George Har- wood, having spoken words " to the dishonour of the right honourable gouernour ffrancis Morrison, esquire,'' should ask forgiveness upon his knees. The Virginians now, had occasion to contrast the peaceful government of Governors Bennett, Digges, and Mathews under the Commonwealth of England, with their condition under Charles the Second. The Navigation Act was not re- pealed, but, more strictly enforced, and court favorites were endeavoring to enrich themselves at the expense of the Colo- nists, who were indignant, when a communication from the King, dated December 5, 1662, was received, addressed to the Governor, and Council of Virginia, informing them, that he had given away, a large portion of the best land in Virginia, to a few persons, and, in the spring of .1662-3, Francis Moryson went to England, as agent of Virginia to offer remonstrance. The King informed the Colony that on the 18th of Sep- teiTiber, 1649, when he was a fugitive, he had given to certain persons all that territory " bound by the rivers Tappahannacke or Eappahannacke, and Quiriough or Pata- womacke, and Thaspayoke" which they could not enjoy ; and that he had now revoked the grant/ and issued a new ' In July, 1639, owing to the increase of population in Bermudas, the Pro- prietors of the Island, in London, petitioned for this region " scituate betwixt the two Elvers of Rapahanock, and Patowmack wch by good Informacon your petit'iors finde to be both healthful! and -otherwiae not yet Inhabited." Lefroy's Bermudas, Vol. I, p. 558. 37 290 VIRGINIA CAltOLORVM. patent to Sir Humphrey Hooke Kt., John Fitz Herbert, Esq., and Robert Vicaredge, merchant, granting them the use and profits of the region, for a certain term of years. In view of rumors of opposition, he wrote in August, 1663, to the Colonial authorities not to place any obstruction in the way of Sir Humphrey Hooke^ and his associates. Governor Berkeley was in England from the summer of 1661, to the autumn of 1662, and while there, a small treatise by E. G. was published, entitled Virginia's Cure or an Ad- visive Concerning Virginia, Discovering the True Ground of that Church's Unhappiness. The writer was probably Eoger Green, who had been, like Mallory, a respected min- ister in the Colony. He alludes to his being present at Jamestown in 1656, when the Assembly passed an act for establishing markets, and was sent to England with letters from Governor Morrison in behalf of the interest of the Church, and education. He deplores the want of towns and the evil of living upon isolated plantations, whereby " not only was there a very numerous generation of Christ- ian children born in Virginia unserviceable for any employ- ment of Church or State ; but an obstacle was also cast in the way of the conversion of the Heathen. " The Burgesses elected by the people he mentions " were usually such as went over servants thither, and though by time, and industry, they may have attained competent estates, yet by reason of their poor and mean condition, were unskilful in judging of a good estate, either of church or Commonwealth, or by the means of procuring it." ' Hooke in 1661, was High Sheriff of Gloucestershire, and in 1664, Deputy Lieutenant of Bristol. VIRGINIA CAMOZORUM. 291 The Commissioners of Plantations, in 1662, were fre- quently seen, by Governor Berkeley, now in England. The proposition to cease planting tobacco in Virginia, for a cer tain period was discussed by the Board, during the months of May, and June, but was not approved. In July, 1662, Governor Berkeley was ordered to return, and in a commu- nication to the Commissioners, he alludes to the sudden command of the King, to depart for Virginia, and his de- termination to promote, as far as possible, the culture of silk, flax, and hemp, and the cutting of mast timbers. He further mentions, that hereafter he will see that the laws of the Colony are printed,' before they are presented, for the Board's approval. The order to return to Virginia was for a few weeks, suspended, and in August, the Board for Plantations, discussed these questions and decided that the Colony should bear its own expenses. The salary of the Governor was fixed at one thousand pounds sterling, to be raised by a tax of two shillings upon each hogshead of tobacco. The shipmasters, in the Virginia trade, then in London, objected to the two shilling tobacco tax, and the ten pence castle duty at Point Comfort, because the Colony fur- nished no proper defence for their ships. On the 26th of August a petition signed by Gov. Berkeley, Sir Henry 1 Soon after, a folio was published in London by Francis Moryson with the title Lama of Virginia. To this was prefixed A Description of Virginia, which was probably, the same which appeared, in a separate form, of twelve pages, with the title : A Description and View of Virginia By Sir William Berkeley/, the Qovtrnour, London^ 16Q3. 292 VIRGINIA CAROZOJRUM. Ohicheley, Edward Digges, Eichard Lee' and others came before the Board, in which it was mentioned that tobacco was now sold at so low a rate, as not to defray the freight charges, and begging that they would order that its plant- ing be restricted. To this, on the 6th of September, again came a remonstrance from the ship-masters and owners. It was now arranged that Berkeley should leave for Vir- ginia, and on the 12th of September he received his Majesty's instructions. He was to see that the Act of Navigation against which so much had been said, should be strictly re- spected. The planters were to be encouraged to build towns, and they could not ' ' have a better example, than from their neighbours of New England, who have, in a few years, raised that Colony to breed wealth, reputation, and secu- rity." He was also to appoint Commissioners to treat, with those of Maryland, respecting tobacco, and within a month, after his arrival, was to call a General Assembly, and to publish his Majesty's pardon and oblivion to all not at- tainted of the " horrid murder of our dear Father." The King and his advisers, do not appear to have approved of a severe policy toward Quakers and other non-confor- mists. Among other iastructions were these : " And be. cause Wee are willing to give all possible encouragement to persons of different persuasion in matters of Eeligion to transport themselves thither with their stocks; You are not to suffer any man to be molested, or disquieted in the exer- cise of his Eeligion, so he be content with a quiet and peace- ' Richard Lee, now in England, felt that a douceur to Secretary Nicholas would not be unprofitable, and on the 7th of October, 1663, he eent him " ten pieces to buy a little toy, and algp sooje rarities " from Virginia, VIBGINIA GAROLORUM. 293 able enjoying it, not giving therein offence or scandall to the Government : But Wee oblige you in your own house and family to the profession of the Protestant Eeligion, according as it is now established in our Kingdome of Eng- land, and the recommending it to all others under your government, as farre as it may consist with the peace and quiet of our said Colony.'" As instructed, in less than a month, after his arrival, at Jamestown, he summoned the Assembly, which had never been dissolved, and on the 23d of December, 1662, it con- vened, with Capt. Robert Wynne, the speaker. During the Cromwellian era not only was there a develop- ment of the "Society of Friends," but an organization which rejected infant baptism, and particularly the ser- vice in the Book of Common Prayer, which asserted, that after the application of water, the child is regenerated with the Holy Spirit. To prevent the spread of the latter class of religionists, the Assembly passed this Act: "Whereas many scismaticall persons out of their averseness to the orthodox, established religion, or out of the new fangled conceits of their owne hereticall inventions, refuse to have their children baptized : Be it therefore enacted, that all persons that in contempt of the divine sacrament of bap- tisme, shall refuse, when they may carry their child to a lawfuU minister in that county, to have them baptised shallbe amerced two thousand pounds ; halfe to the in- former, halfe to the publique." Another act was passed ' In the Appendix will be found a letter oi Governor Berkeley to Charles the Second after the Restoration, and also his speeches to the Council and Burgesses in accepting the Governorship of Virginia before the IJestoyatign 294 VIRGINIA CAROLORUM. intended to check the loose tongues of gossips, in these words : "Whereas oftentimes many babhng women often slander and scandalize their neighbours, for which, their poore husbands, are often brought into chargeable and vexa- tious suites and cast in greate damages ; Bee it enacted * * that in actions of slander occasioned by the wife as afore- said, after judgment passed shallbe punished by ducking, and if the slander be soe enormous as to be adjudged at a greater damage than five hundred pounds of tobacco, then the woman to suffer a ducking for each five hundred pounds of tobacco adjudged against the husband if he re- fuses to pay the tobacco.'" The absence of any building for the sessions of the legis- lature and court, more than fifty years after the planting of the Colony, evinced the absence of a proper pride and pub- lic spirit, and the King had enjoined upon Berkeley the building up of the capitol. By his energy the legislature ordered that thirty brick honses should be built twenty feet in width, and forty in length, the roof to have a fifteen foot pitch, and to be covered with slate or tile. The bricks were not to be brought from England, as it would have 1 Babbling women were found in all parts of the Colony. The following is from the manuscript record of Northampton County, under date of September 8 1634 : " Upon dew examination it ia thought fitt by the board that s'yd Joane Butler shalbe drawen ouer the Rings Creeke [Kings Creek] at the starne of a boate or Canoux * * * also the next Saboth day in the tyme of deuyne [di- vine] seruis, between the first and second lesson, present herselfe before the minister and say after him as f olloweth : " I Joane Butler doe acknoweledge to have called Marie Drewe hoare, and thereby I confess I have done her manefest wronge wherefore I desire before this congregaton that the s'yd Marie Drew will forgiue me, and alsoe that this eongregaton will ioyne [join] in prayer with me, that God may forgiue me." VIRGINIA CAROLORUM. 295 ■ been as strange as "carrying coals to New Castle," but were to be burned in the neighborhood. The houses were to be regularly placed " in a square or such other forme as the honorable Sir William Berkeley" should deem most appro- priate. No more wooden houses were under the act to be built in Jamestown. Each of the seventeen counties was authorized to build and to impress bricklayers, sawyers, carpenters, and other tradesmen. The act however proved unpopular and drove away mechanics. Morison wrote to Earl of Clarendon in 1665 : " Our porre assaye, of building four or five houses, lost us hundreds of people." Upon the 10th of September, 1663, the Assembly met ac- cording to adjournment, and among the Burgesses to fill vacancies was Col. Gerard Fowke formerly of Maryland, now a representative of Westmoreland County, who took the prescribed oath of allegiance and supremacy. Col. Wil- liam Claiborne, no longer Secretary, and now living in the Pamunky valley, was a delegate from New Kent County. The indentured white servants, the refuse of the camps of the late civil war, and the alleys of London, with the heathen slaves, from the coast of Africa, were now so nu- merous as to be a constant source of anxiety to the planters. In Gloucester County there appears at this time to have been a combination for a general uprising, which failed by one Berkenhead, a servant of a planter named Smith, be- coming an informer. The legislature felt that the planters had escaped from " a horrid plot " and resolved ' ' that Ber- kenhead have his freedom, and five thousand pounds of tobacco given him, in Gloster County, and that his master 296 VIRGINIA CABOLOBUM. be satisfied for his time and it was further resolved " that the 13th of September, be annually kept holy, being the day those villains intended to put the plot in execution." Four of the conspirators yvevQ tried and executed.' Fugitive vsrhite servants began to occasion great trouble. William Drummond complained, in 1662, that the court at Boston, had illegally discharged one of his servants, and the Virginia Assembly retaliated by ordering that "there be seized, to the value of forty pound sterling money, out the estate of some persons, relateing to the said government of Boston, v^rhich, is in consideration of wages due for such a servant's time, as was illegally cleared from the said Drum- mond's employ in New England. William Claiborne, Jr., still living at Kiquotan (Hampton), in August, 1662, arrived at Delaware Bay in search of two escaped servants. Notwithstanding previous enactments against the Quakers, their traveling preachers persisted in going to out of the way places, without money, and asking for none, yet preaching a gospel of peace, and good will, as far as they understood the teaching of Christ. Their cheerful endur- ance of hardship, with their plain teaching, attracted the attention and aroused the consciences of rude frontiersmen who, hitherto, had no one to care for their souls, and Quaker meetings multiplied. ' On April 10, 1665, Secretary Ludwell wrote to Secretary of State In Eng- land, that he had "sent the trial of those servants who in September, 1663, con- spired to ruin the Government." In October, 1661, at Bermudas, was discovered a plot of the Irish servanti and Negro slaves to rise, cut the throats of their masters, and ruin the country. VIRGINIA CAROLORUM. 297 The Assembly,' of 1663, determined upon more vigorous measures of repression, and passed the following preamble: " Whereas it is evident of late time, that certaine persons under the names of Quakers, and other names of separation have taken up and maintained sundry dangerous opinions, 'Burgesses in Assembly Sbptembbr, 1663. Henrico Go. » Capt. Wm. Farrar. Charles City Co. Capt. Eobt. Wynne, Speaker. Capt. Francis Gray. Stephen Hamelyn. James City Co. Capt. Eobt. Ellyaon. Capt. Edw'd Eamsey. Walter Chiles. Capt. Wna. Cockeram Major Nich. Hill. Capt. Joseph Bridger. Nanaemond Co. Lower Norfolk Co. Capt. John Powell. Warwick Co. York County. New Kent Co. Ca])t. Peter Jennings. Lancaster Co. Thomas Lucas. Thomas Warren. Isle of Wight Co. Dr. Eobt. Williamson. George Wallings. Major Lemuel Mason. Mizabeth City Co. Col. Leonard Yeo. Major Edw. Griffith. Lt. Col. Barber. Col. W. Claiborne. Gloucester Co. Capt. Tho's Walker. Ealeigh Frances. EappdhanTiock Co. Capt. John Weye. Northumberland Co. Westmoreland County. 38 Wm. Presley. Col. Gerard Fowke, 298 VIBOIJSriA GAROLORUM. and tenets, and whereas the said persons, under pretence of religious worship doe often assemble themselves in greate numbers in several parts of this colony, to the greate endangering its publique peace and safety, and to the terror of the people by maintayning a secrett and strict corres- pondency among themselves, and in the meantime separat- ing good and loyall subjects from the publique congregations, and usual places of divine service;" it "was enacted, after this preamble, that if Separatists, above the age of sixteen years, to the number of five, or more, assembled at any time, and any place, to worship, not according to the laws of England, for the first offence, they were to be fined two hundred pounds of tobacco, for the second offence, five hundred pounds, and for offending the third time should be banished from the colony. If any master of a ship brought into the colony, after the first of July, 1664, a Quaker, ex- cept under the laws of England, he should be fined five thousand pounds of tobacco. If any person entertained a Quaker in, or near his house, to preach, he was also liable to a fine of five thousand pounds. In their excessive zeal for the church of England, they expelled John Porter, of Lower Norfolk, because sheriff John Hill, of that county, had re- presented to the House that he ' ' was loving to the Quakers, and stood well affected towards them, and 'had been at their meetings, and was so far an ana-baptist as to be against the baptizing of children." Nortliamplon Co. Lt, Ool. Kendall. Major Wm. Andrews. Aceomaok Co. Devereux Browne. Hugji Yeo.' ' Hugli Yeo cordwainor, was the fourth son of JuBtiuian, of Hartland, DovonBhire. VIRGINIA GAROLOBUM. 299 During the autumn of 1663, Mary Tomkin's and Alice Ambrose were at the Cliffs in Calvert County, Maryland, and wrote to Q-eorge Fox, the eminent Quaker preacher : ' ' We have been in Virginia, where we have had a good service for the Lord. Our sufferings have been large * * * we are now about to set sail for Virginia again." Bishop referring to these in "New England Judged" writes: " Mary Tomkins and Alice Ambrose' these two servants of the Lord having been at Virginia * * * who had there suf- fered thirty-two stripes apiece, with a nine corded whip, three knots in each cord, being drawn up to the pillory, in such an uncivil manner, as is not to be rehearsed, with a running knot about their hands, the very first lash of which drew blood, and made it run down in abundance from their breasts. " Lord Baltimore, ever watchful to increase the rentals from his Province, managed to make disturbances in Vir- ginia profitable. Moryson, Grovernor of Virginia for a brief period, in a letter to the Earl of Clarendon' wrote : " I do not complain against so honorable a person as his Lordship, but, admire his prudent management, that never omits to improve the least occasion to his advantage." Virginia's extremity was always Maryland's opportunity. The law against the Puritans in the former colony in 1648, drove an industrious population to the banks of the Severn River in Maryland, so the law against Separatists, Quakers 'Alice Ambrose afterwards became the wife of John Gary of West River, Maryland. "Clareadon Papers in N. T. Hist. 8oc. Col, 1869. 300 VIBGII^IA CABOLORUM. and others from the church of England, in 1664, increased the population of Lord Baltimore's province. In November, 1661, arrangements were made to give lands to certain inhabitants of " Northampton otherwise called Accomack" who wished to remove to the region above Watkin's Point, the north part of the Bay "into which the river Wighco, formerly called Wighcocomico, afterward Pocomoke, then again, at this time, Wighco - cornoco. " In February, 1662-3, John Elzey, Randall Revell, and Stephen Horsey were appointed by Governor Charles Cal- vert, Commissioners for this district. In September, 1668, the Assembly in session at Jamestown ordered Col. Edmund Scarborough, his Majesty's Surveyor General of Virginia, to collect rents, and dues to the Colony of Virginia, of all persons residing below a line, from the "north side of Wicomicoe River, on the Eastern shore, and near unto, and on the south side of the straight Umb opposite to Patuxent . river. " Scarborough's report to the Governor and Council of Vir- ginia of his proceedings at Anamesseck and Manoakin is stamped all over with the characteristics of a violent and prejudiced partisan. In company with Col. John Stringer, who had been one the Burgesses of Northampton County, four of the Commis- sion, and forty horsemen, whom betook "for pomp and safety," on Sunday morning, October 11, 1663, he arrived at Anamessecks to repel, as he reports, the contempt threatened "by some Quakers, and a foole in office." He wrote that ; VIRGimA GABOLOBUM. 301 "On Monday morning at y' house of Stephen Horssy an officer of y° Lord Baltimore I began to publish y' commands of y* Assembly, and for y' y^ officer could not read, I often read y° act unto him who made noe reply, but brought a pattent instead of his commission and tould us there was his authority, and y' hee was put in trust by y' Lord leift. of Maryland, and that he would hot be false to his trust." After some discussion, Scarborough arrested him, because he would not acknowledge the act of the Virginia Assembly and placed the "broad arrow" on his door. " So thus pro- ceeding," he continues, "wee went to y' house of Ambrose Dixon, a Quaker, where a boat and two men belonging to Groome's Shipp, and two running Quakers were, also George Johnson, and Thomas Price inhabitants, and Quakers." They also refusing, he arrested them, for con- tempt, and placed the "broad arrow" on their doors. He then "marched off to Henry Bostons," who asked a little time for deliberation' Going from thence, to Manoa- kin, all there acknowledged the Virginia authorities, but Mr. John Elzey, and Capt. William Thorne, officers under Lord Baltimore. In his report he mentions that "at that time one HoUinsworth,^ merchant of a Northern vessel, came and presented his request for liberty of trade w'"" I doubted was some plott of y' Quakers." His portraiture of the Quakers was vivid, but not flattering. " Stephen Horssy, y° ignorant yet insolent officer, a cooper by profes- ' William Hollinsworth of Salem, Mass., liad been licensed by the Province of Maryland to trade with the Indians. 302 VIRGIN-IA GAROLORUM. sion, who lived long in y' lower parts of Accomack/ once elected a burgess by y" comon crowd, and thrown out by y"= assembly for a fractious and tumultuous person, a man repugnant to all gov'mt, of all sects, yet professed by none, constant in nothing, but opposing church govm't, his children at great ages, yet uncristened. That left y" lower parts to head rebellion at Anamessecks." "George Johnson, y' proteus of heresy who hath been often wandering in this county, where, he is notorious for shiffting schismatical pranks, at length pitched at Anames- secks where bee hath bin this yeare and made a plantation,' etc. "Thomas Price,* a creeping Quaker, by trade a leather dresser, whose conscience would not serve to dwell amongst the wicked, and therefore retired to Anamessecks, where he hears much, and says nothing els but y' hee would not obey gov'm't for w'ch he also stands arrested ." "Ambrose Dixon, a caulker by prof ession, that lived long in y lower parts was often, in question, for his quaking profession, removed to Anamessecks there to act what hee could not be here permitted, is a prater of nonsence. * * * A receiver of many Quakers, his house y" place of their report." "Henry Boston, an unmanerly fellow y' stands con- demned on o' records for slighting and condemning y" laws of y' county, a rebell to gover'nt and disobedient to author- ' He signed tlie engagement to the Commonwealth of England, in March, 1651-2. ' A signer in March, 1651-3. VIMGINIA CAROLORUM. 303 ity, for w'ch he received a late reward w'th a rattan, hath not subscribed, hid himself, and so escaped arrest. These are all, except two or three loose fellows, y' follow the Quakers for scrapps, whom a good whip is fittest to re- form." Governor Calvert, incensed at Scarborough's proceedings, visited Governor Berkeley at Jamestown, who disclaimed the acts of his Surveyor General, and in the spring of 1664, did order Scarborough, and the surveyors Catlett and Law- rence, with Capt. Joseph Bridger, Capt. Robert EUyson, and Mr. Bulmer Mitford to go to Manoakin, and on the 10th of May confer with commissioners upon the part of Maryland, and if possible adjust the boundary dispute. ^ ' In 1666, the region in dispute became a portion of Somerset County, Maryland, named after Lord Baltimore's sister Lady Mary Somerset. The first County Judges were Stephen Horsey, William Stevens, William Thome, James Jones, John Worden, Henry Boston, George Johnson, and John White. Horsey was the first sheriff of the County ; he and Johnson, and Boston, were the Quakers from Accomac. William Stevens was instrumental in bringing a number of Presby- terians to Somerset County. George Fox, in 1673, preached at his house to the Quakers. He lived near Rehoboth in the valley of the Pocomoke River. Bo wen in " Days ofMakemie " gives the following from the Somerset Records : "Rich- ard Stevens, brother William Stevens of Somerset county ye Province of Mary- landjwas youngest son to John Stevens of Lebourn in ye Parish of Buckingham in England, died at the house of his brother William aforesaid, ye 32d day of April, 1667, and wa,s buried at his plantation called Rehoboth, in ye county and province aforesaid, in America, ye 25th day of April, 1667." Over the remains of Judge Stevens is a slab with this inscription : " Here lyeth the body of William Stevens Esq, who departed this Life, the 23 of December 1687. Aged 57 years, he was 22 years Judge of this County Court one of His Lordships Councill, and one of ye Deputy Lieutenants of this Province of Maryland VrviT Post Funbba Viktub." 304 VIBGINIA GAROLOBUM. In April, 1663, Governor Berkeley wrote to the Grovernor of Maryland : " I and the Councell here haue considered of the means of Eedresse [relative to the excessive planting of tobacco] and authorize the Gentlemen of the Oouncell Co" Eichard Lee, Co" Eobert Smith, Co" John Carter & Mr. Henry Corbin, our Commis" to communicate our Eesults to yo" & appoynted the eleuenth day of May next to be the time & the County Court house of Northumberland County the place of Conference."* ******* "This worthy Gentleman Mr. Eichard Bennett' at the in- instanoe of mee & the Councell hath taken upon him, the trouble of deliuering this to yo" by whome if yo' returne yo' acceptance & that the urgency of yo' affayres might per- mitt us the honour to see yourself at the Conference, both I and Mr. Secretary unless hindered by the interposall of some unexpected and pressing occasion, would come to wayte uppon yo" at the time & place appoynted." On the 8th of May upon the part of Maryland, Philip Cal- vert, Secretary Henry Sewall, Mr. Henry Coursey and Mr. Edward Lloyd were appointed Commissioners to confer with tlio* of Virginia. The meeting took place on the • Richard Bennett, son of Governor Bennett of Virginia, after the Puritane settled on the hanks of the Severn was identified with Maryland and the refer- ence I think is to him rather than his father. Richard Bennett, Gent, in 1663, was one of the Burgesses from Baltimore County, in the Maryland Assembly, and in 1665, a Commissioner of Kent County. His wife was Henrietta Maria Neale, the eldest daughter of Capt. James Neale. Bennett was drowned and left a son Richard. His widow afterwards married Philemon, u son of Edward Lloyd, one of the Puritans who came from Virginia to Maryland. Richard Bennett, the grandson of Governor Bennett, married Elizabeth Rousbey. VIRGINIA CABOZOEUM. 305 12th of May, at Major Isaac Allerton's at Wiccocomoco, a tributary of the Potomac. The conference was harmonious, and the Maryland Com- missioners agreed that it should be proposed to their re- spective Assemblies, that no tobacco should be planted in either colony, in 1664, after the 20th of June; The Maryland Assembly however, refused to ratify the agreement. The agents of Virginia in England, Sir Henry Chicheley, John Jeffreys, Edward Digges, and Francis Moryson urged the Privy Council on November 16, 1664, to issue an order re- stricting the raising of tobacco. In their communications it was estimated that the population of Virginia was forty thousand and that English manufactures were imported to the value of £200.000 sterling, while they raised only about 50.000 hogshead of tobacco, which sold at ^£3 ster- ling per hogshead, would leave them £50.000 in debt to English creditors. Three days after Lord Baltimore opposed the proposition. He was not in favor of restricting the planters in Maryland. If in Virginia " any live in a poor manner" he thought it was "not from the low price of tobacco, but from their own sloth, ill husbandry, and pur- posely spending their cropps in Brandewine, and other liquors, it being evident and known that such as are indus- trious were not destitute." After the discussion it was not considered expedient to take any action upon the subject. After Francis Yeardley left Maryland, and explored the Eoanoke region, EngUshmen began to settle in North Caro- lina, and immigration was accelerated by the oppressive laws against Quakers existing in Virginia and Maryland. William Durand, Secretary of Maryland during the Crom- 39 306 VIBGINIA CAEOLORUM. wellian era in 1657, began to attend Friends' meeting near Annapolis, and as his name does not appear after this in the records of the Province, it is supposed, that he went to Carolina and that the place marked Durands, on the Eoanoke, Heerman's map of 1673, indicates his plantation.' John Porter of Virginia was "loving to the Quakers," and John Porter prominent in Carolina in the beginning of the • eighteenth century, was the son of a Quaker. While Governor Berkeley was in England, a company was formed, of which he and his brother were members, who in 1663, obtained a grant of Carolina.^ To turn the ' George Durand conspicuous in the early days of Carolina was probably his son. William Hawley, a brother ot Jerome, who in 1650, with William Durand and others signed the Declaration of Maryland Protestants, as early as 1639, had appeared in Virginia as " Governor of Carolina" and land was granted by the Virginia legislature that it might be colonized by one hundred persons from Virginia, freemen, being single and disengaged of dabt." — Bancroft's Hist. XT- States, Edition of 1876, Vol. I, p. 485. •The charter set forth, in the usual language, that the proprietors, "excited by a laudable and pious zeal for the propagation of tlie Gospel have begged a certain country, in the parts of America, not yet cultivated and planted" etc., and saving the allegiance due the King, they were invested witli as ample priv- ileges within their palatinate, as any Bishop of Durham enjoyed within his diocese. Of all the proprietary grants, the charter of Maryland was the only one which contained a clause, requiring all churches and chapels to be erected in accordance with the church of England. A. D. 1621, Nova Scotia — Mentions "desire for the propagation of the Christian Religion," and gives Proprietor patronage of churches and chapels. A. D., 1628, AVALON — Mentions " desire to propagate Christianity," gives pri- vileges of a Bishop of Durham and patronage of churches. A. D. 1627, Bahbadobs — Mentions " laudable and pious design of propaga- ting the Christian religion," and gives privileges of Bishop of Durham etc. A. D. 1629, Carglajta — Mentions " laudable zeal for the propagation of the Christian faith" with privileges of Bishop of Durham, etc. VIRGINIA CAROLORUM. 307 flow of immigration now toward Maryland, in another direction, the proprietors granted to the settlers complete liberty of conscience, and it was left to Governor Berkeley to visit the country, and also select the first Governor. Wil- liam Drummond, a Scotchman of ability who had been in Virginia for several years, was appointed Governor of Albemarle, and on January 7th, 1664-6, his instructions were forwarded by the proprietors. Another chapter will note his subsequent career. The first surveyor of the proprietors was Thomas Woodward of York river, formerly of London. After Moryson had been two years in England as the accredited agent of Virginia, Governor Berkeley on April 12, 1665, wrote to the Secretary of State, afterwards created Lord Arlington, that he was not begging for himself, " knowing that no seasonable showers or dews can recover a withered root," but he asked, that Col. Francis Moryson who, as well as his father, had fought for the King, might remain two years longer as agent, with a salary of £200 derived from the tax on tobacco. In July a great alarm was created by the rumor that the Dutch Admiral De Euyter was approaching, with a hostile fleet, and the Governor commanded the colonels and cap- A. D. 1G33, Maryland — Mentions " laudable and pious zeal for extending the Christian religion " gives privileges of Bishop of Durham, but adds that all places of worship are " to be dedicated_aud consecrated according to the eccle- siastical laws of pur kingdom of England." Thomas Thorougood, in 1650, in an essay published, giving probabilities that the American Indians were Jews, remarks : "In the Charter of Maryland the pious zeal lor the propagation of the Gospel is first mentioned * * * * and there is a special provision against the prejudice or diminution of Qod's holy and truly Christian religion, and the allegiance due to the King's Majesty, his heirs aiid successors." 308 VIRGINIA GAROLORUM. tains of the several counties to be ready with their men to cover the ships in harbor w^ith small shot, if necessary. He vPTote to England that he thought he could procure fifteen hundred horsemen, and two thousand foot soldiers, but was in need of great guns for the fort which was in process of erection. A letter of the Virginia agent was addressed to Clarendon, Lord High Chancellor of England at this time, which he called "An Humble Addresse in the behalfe op Virginia. " May it Please yo' Lor'' : " The only Shipp that is likely to goe this yeare being w"" in a few days ready to Sayle, occasions this Speedy and most humble Addresse to yo' Lor'. " The narrative delivered to yo' Lor"" att Salisbury sett forth the Two maine parts of my instruccons from Virginia, To represent Marylands dissent from them in the State for planting. To gett BristoU Patcx/fc for Eapahanock revoakd, I shall not trouble y°' Lo"" w"" particulars in either. " ffor the first, The comon calamitie hatha little raysedthe price of our comoditie w""" perhapps will supply his Lo'''' w"" better Arguments than formerly to oppose vs, Soe that I shall lett that rest as it doth, wholy to decline it, I dare not vntill further Order from the Countrie. " ffor the Bristoll Patent Since I vnderstood that it was y°' LoP"" oppinion. That it would appeare hard to oppose a new Graunt to those bono''' I'ersons concern'd in the Old, there- VIRGINIA CAROLORUM. 309 fore I shall only p'sent the same necessary restrictions of my former Narrative, and most humbly leave it to y" Lo"' de- termination. "ffirst, That there might bee noe alteration in point of Government altogether in consistant w"" the peace of the rest of the Oountrie. Secondly, That the Eights of the p'sent Possessors may be p'served, their Eents not raysed, nor new ffines imposed, or their Tenures altered. Thirdly, That there may bee timeperfixed for peopling of the Places soe granted or in case of ffaylure. Liberty to others to take vpp the Lands. My Lord, this is a Law as old as the first planting the Countrie, and a most wholsome one, for other- wise perticuler men would keepe great tracts of Land in their hands, in hope of getting a great rate for it, and neither people the Places themselves, nor lett others that would doe it. If the time seemes too short that the Law injoynes, I shall most humbly leave it to y°' Lo'"'' to inlarge it, only desiring y' his M* pleasure may be consulted w"" before the grant passes. ' ' But now Lord, the maine busines of this Paper is to p'sent some generall Propositions to make the neighbourhood of Maryland less p'judiciall to vs . If they shall appeare (vpon yo' Lo'''' view) Eeasonable, then most humbly to desire y°' Lo'''' to Signifie soe much by yo' Letter to the Countrie w'"" will both infinitely satisfie them,^ and cleere yo' Eepresento' from neglect in their service. " My Lord, this will appeare att first Sight a Proposition rather of envy ag' Maryland, than of Advantage to Virginia, But if yo° Lo'"'' pleases to looke into the Eeasons yo" will 310 VIRGINIA GAROLORVM. finde yo' Kepresento' in this Labours to p'serve, from a ne- cessary Euine the poor Oountrie that hath intrusted him. ' ' All taxes (my Lord) w"" vs are by Pole, not Acre, the losse of the poorest man as great to Virginia as the i-ichest, all paying equall Soe that if any comand comes from hence, that requires men or money to effect it, his Lo"' Oountrie, lyes ready att the Doore, to invite them, w"" as good land free from all Incombrances. By this meanes, wee yearely Loose considerable numbers of People, and by it have fewer hands to Act any thing for our Advantage, or for the Ad- vance of his Ma"" Service, and fewer Purses to pay for it. ' ' My Lord this is no Ayrie notion of mine w'^'" I should not have p'sumed to offer to soe great a minister of State as yor Lqpp Vnlesse I could demonstrate the truth, by the Sadd effects of it. "His Ma''" instructions by S' William Berkeley, though they did not positively enjoyne the building of a Towne, yet they soe recommended it to vs, that wee must have Showne a supine negligence if we had not att least indeavord it, Our poore Assay of building ffower or ffive houses lost vs hundreds of people w""" I hope will wipe off that odium that is throwne vpon the Governm't, That wee vse our people worse than Maryland, and therefore they Leave vs, and flye to them. But the true reason (my Lord) is, That wee are ready vpon all comands to expresse our zeale to his Ma"" Service to the vttermost of our abilitie. " I shall trouble yo' Lof w'" an other Demonstration of the reasonableness of this Proposition. This Parliament made a VIRGINIA CAROLOBUM. 311 Law, That noe Sectary or Quaker shall bee transported to Virginia or New England, Wee were extreamely joyfuU of it, hopeing wee should have beene securd from those distur- bances, That those people make where they come, But, my Lord it was soe farr from working the good effect we hope for, and I am confident the Parliament intended, that it hath proved most infinitely ruinous to vs, ffor his Lop"" tak- ing his Maryland for part of neither, and soe not concerned in the Law, grants a ToUeration to all Sorts of Sects, w"'' by their neighbourhood (a Eiver only severing vs) Infect our People, and by that drawes them from vs, or spreads their Venome amongst vs, Thus (my Lord) by not bringing both Countries vnder One Standard, we cannot have bene- fitt of any Act of Grace, though made never soe much to our Advantage. "My Lord, I aime not, by this, to bring Maryland Subor- dinate to Virginia. But I desire they may bee both Soe, to the King and Councell, nor doe I att all intend any thing, in this, a complaint ag' soe hono"' a Person as his Lo'"'' but rather Admire his prudent management. That never Omitts to improve the least occasion to his Advantage, I know (my Lord) it is his Lo" interest to gett People to him, as it is ours, to fix them with vs, for it is an vndoubted truth. That the Eiches of all Plantations chiefly consist in the well Peopling of thiem, ffor had wee Mexico and Peru vnder ground, and wanted People to bring it above Ground wee should for all that,' remaine as poore and indigent as though Planted on Bagshott Heath, the barrenest place I know. 312 VIRGINIA GAROLORUM. ' ' Peace and Warr is vndoubtedly (my Lord) his Ma''" Pre- rogative in all his Dominions. If Virginia and Maryland have not the Same ffriends and Enemies w'''' allwayes they have not, it must of necessitie bee a Consequence, That att one time or other wee shall fight English and Indians, ag" Indians and English, Soe that the reasonableness of this Proposition appeares in every p'ticular can be imagined. " But (my Lord) after all I shall humbly follow that part of my Instructions to Acquiesse in yo' Lo^p^ decision (for there the Countrie hath laid it) I would I had as well performed the other part of soe fully Stateing their miserable Condi- tion, That they might receave redresse for it. "Having expressed this zeale to his Ma"" Servis and the Countries Good, I should bee loth to bee soe -partiall to my self e as not to remove the least Obstruction that any Interest of mine can bee to either, I therefore (my Lord) most humbly p'sent you w"" my Commission, desireing of yo' Lo" That when there is a ffort built, for it hath been a Castle only in the Ayre this 30 yeares, yo" Lof will be pleased that my nephew Charles Morrison may have the comand, a Youth every way (if my neereness to him doth not make me misstake) capeable of the Place, my Lord of ffawkland gott it for his ff ather, the only compensation any of vs had, for the Lievtenantship of the Ordinance purchased by my ffather, and settled vpon my elder Brother, by the composition w'" S' Edward Villers for Master, and disposed of by his Ma"' to S' William Heydon w"" a promise to conf erre vpon my Brother a place of equal Valleu, But (my Lord) I intend not to Capitulate but most freely render it vpp, leav- VIRGIJ^IA GAROLORUM. 813 ing both my Selfe, £wid nephew to yo' Lo^p' Goodness and ever remaining " y° LoP'' most humble and DutyfuU Servant ' ' and Creature " Francis Mobyson." It was the pohcy of Berkeley not to encourage elections for Burgesses, so that, the Assembly of 1664, was only an adjournment of that of the previous year, and this was prorogued to October 10th, 1665, when a stringent law- relative to Indians, was passed. It enacted, that if any Englishman was murdered by any Indian, that the nearest Indian town should be answerable for it with their lives or liberties. The Indians were also deprived of the power of choosing their own chief or werowance, and ordered to receive as their chief commander an Indian appointed by the Governor. All white inhabitants going to courts or churches, were ordered to bear arms to prevent the Indians making "sume desperate atternpt upon them." The incursion of the Seneca and other Northern Indians had created quite a panic, and Governor Berkeley did not feel very kindly toward them. He wrote in 1665 : "To my honored friend Major General Smythe." " Sir : I wrote my first letter to you in haste, the minute after I read yours, but since I have collected myself, I think it necessary to destroy all these Northerne Indians, for they must needs be conscious of the coming of the other Indians. If you the Council were willing, and the Council of War be of this opinion, it may be done, and that without expense. For the women and children will defray all expense. Let me hear from you, and what you think of it, and if the 40 314 VIBGINIA CAROLORUM. first impulse do not deceive me, and lead me too much, I think this resolution to be of absolute necessity. If your young men will not undertake it alone, there will be enough, from these parts, who will undertake it, for their share of the booty.'" About the same time John Catlett, Thomas Goodriche, Jno. Weire, and Humphrey Boothe, Justices of Eappahan- nock County Court, wrote to Berkeley ; " Hon'ble Sir : Upon serious consideration of the honor- able Governor's letter, and your honorable desire of our opinion of them, we are, by many circumstances, and 'tis our joynt opinion that the execrable murders are and have been committed by a combination of Northern Indians above, as their complices. We doubt not, by the assistance of Almighty God, and by the strength of our Northerne parts, we can utterly destroye and eradicate them, without further pay, and encouragement, than the spoyles of our enemies." At the Assembly's session in October, 1666, it was de- cided that the law was too full of severity, which held the neighboring Indian town, responsible for a murder by any Indian, without any proof of their being involved therein, and it was modified, and enacted that all Indians coming within certain bounds, after being duly notified, might be killed by any Englishman. Until after the days of Cromwell, the acting of plays was considered injurious to the commonwealth, and in the 'This letter copied from Essex County Records appeared July 16, 1877, in Richmond Despatch. VIRGINIA CAROLORUM. 315 daily prayer, appointed for the plantation of Virginia, and published in A. D., 1612, is the following petition: "Let Sanballat & Tobias, Papists & Players and such other Amonits & Horonits the scum & dregs of the earth, let the mocke such as helpe to build vp the wals of Jerusalem , and they that be filthy let them filthy still." It is not therefore surprising that on November 16th, 1665, John Fawsett, the King's attorney for Accomack, should have presented Cornelius Wilkinson, Philip Howard and William Darby " for acting a play, by them, called "y° Bare and ye Cubb, on y' 27th of August last past." The court ordered that the accused " appeare y° next Court in those habili- m'ts that they then acted in, and give a draught of such verses, or other speeches & passages w*^"" were then acted by them." The evidence against them was not con- clusive, for in the records of the court held January, 1655-6, is the following " Whereas Edward Martin was this Day examined, concerning his informacon given to Mr. ffawsett his ma"" Attorney for Accomack County about a play called " ye bare and y° Cubb, whereby severall persons were brought to Court, and charges thereon arise, and y' Court finding the said p'sons not guilty of fault, suspended the payment of Court charges, and forasmuch as it appeareth upon y" oath of y° said Mr. ffawsett that upon y" s'd Edward Martin's informacon, the Charge and trouble of that suit did accrew. It's therefore ordered that y" said Edward Martin pay all ye Charges in y° suit and ex's." The spring of the year 1666, found few vessels in the waters of Virginia or Maryland seeking tobacco, while every planter and merchant had more than they desired. To 316 VIRGINIA GAROLORUM. prevent utter ruin,' it was determined that there should be another conference of Commissioners at Jamestown, from Maryland, Virginia, and Albermarle or Carolina. They as- sembled on the 12th of July, and Virginia was represented by Thomas Ludwell, Jr., Colonial Secretary, Major General Eobert Smith, Major General Eichard Bennett, Esq., of the Council, and by Capt. Daniel Parked Capt. Joseph Bridger, ' Berkeley, versed in the language of tlie courtier, wrote on May 1, 1666, to the Secretary of State, that the colonists are compelled to " live after the simplicity of the past age, indeed, unless the danger of our country gave our fears, tongues and language, we should shortly forget all sounds that did not concern the busi- ness of our farms. As we are further out from danger, so we appear nearer to Heaven with our prayers that His Sacred Majesty's enemies may either drink the sea or lick the dust." " Col. Daniel Parke was from Surrey, England, and was one of the first vestry- men of the Williamsburg parish. His son Daniel, whose wife was the daughter of Philip Ludwell, was a violent and licentious man. Under Governor Andros, he was Collector and Naval officer for the Lower James River District. By invita- tion, the wife of the distinguished clergy. uan Blair, Commissary of the Bishop of London, sat in the pew of Lady Berkeley, now the wife of Ludwell, and one day Parke, an enemy other husband, mad or drunk, went to church, and pulled her out of his mother-in-law's pew. As lie was faithless to his marriage vows, he hated the minister Eburne because he had preached against the violators of the Seventh commandment. Leaving two daughters in Virginia, owing to his offences, he fled to England, purchased an estate in Hampshiie, managed to ob- tain a seat in Parliament, from which he was soon expelled for bribery. Again a fugitive, he joined the army in Holland, as a volunteer, and became an aide- de-camp of Marlborough, and through his interest in 1706, became Governor of Antegoa, where his corrupt public acts, and gross private life incurred the hatred of the inhabitants, and on the 7th of December, 1710, he was killed by a mob. While on the field, Marlborough wrote to his wife, under date of Augus t 13, 1704 : "The bearer, my aid-de-camp, Colonel Parke ,will give her [the Queen] an account of what has passed." Col. Parke's portrait by Sir Godfrey Kneller, represented him with the Queen's picture in miniature, suspended from his neck by a red ribbon, a despatch in his right hand, and the battle field in the back ground. His daughter Lucy became the wife of Col. Wm. Byrd, and Fanny married John CuBtis of Accomac, the descendant of the Rotterdam inn-keeper. His son Daniel Parke Custis married Martha Dandridge, who when the widow Custis married the venerated George Washington. VIBGIJSriA CAEOLOBUM. 317 Capt. Peter Jennings, and Mr. Tho's Ballard, gent, of the Burgesses. Upon the part of Maryland were present Philip Calvert, Henry Ooursey and Eobert Slye, and the commissioners from Carolina were WilHam Drummond Governor of Albemarle, and the Surveyor General Thomas Woodward, the devoted royalist who had been assayer of the London Mint. It was agreed that it would be benefi- cial to trade to suspend the planting of tobacco from the first of February, 1666-7, for one year. The next day the Governor and Councillors Robert Smith, Eichard Bennett,* Thos Stegg, Henry Oorbyn and Theodoric Bland, wrote to England as to the action of the Council, and mentioned that they had more tobacco in store than would be carried away in three years. On the 18th of July, Secretary Ludwell, in a letter to the Secretary of State, in England, bolstered up the waning reputation of the Governor, by describing him, " as pious and examplary, prudent and just in peace, diligent and valiant in war." Governor Berkeley on the 23d of October, again called the old Assembly* elected several years before, to meet. The 1 Under the military organization of the Colony, Smith, and Bennett, were two of the three Maior Generals ; Stegg was the son of Capt. Thomas Stegg, lost at sea, see p. 319. and Bland was the son-lnlaw of Bennett. 'Assembly Convened October, 1666. Capt Robert Wynne, Speaker. MenricQ County. Capt. William Ferrar. Oharlea City Co. Mr. Speaker. ' Capt. Tho'a Southcoat. 318 VIRGINIA CABOLORUM. next day he addressed the following to the Chancellor of Maryland, and also to the Governor of Carolina : Lt. Col. Wm. Barber. Col. Wm. Clayborne. Capt. Edward Ramsey. James Gity. Capt. Laur. Baker. Adjt, Gen. Bridger. Major Nich. Hill. York Co. Capt. Dan'l Parke. New Kent Co. Capt. Wm. Berkeley. James Co. Mr. Thomas Ballard. Mr. Theo. Hone. Surrey Co. Mr. Tho's Warren. Isle of Wight Co. Rob't Williamson. Nanaemond Co. Capt. John Leare. Lower Norfolk Co. Capt. Adam Thorougood Capt. Wm. Cowen Elizabeth City Co. Capt. John Powell. Gloucester Co. Major Thomas Walker Raleigh Traverse. Rappahannock Co. Mr. Thomas Lucas. Col. Henry Mees. Westmoreland Co. Col. John Washingtc n, Mr. William Presley. Northampton Co. Capt., John Savage. Accommack Co. Mr. Hugh Yeo. Col. John Blake. Capt. Leonard Yeo. Adj't Gen. Jennings. Lancaster Co. Capt. John Weye. Stafford Co. Col. Nich. Spencer. Northumberland Co Lt. Col. Kendall. Col, Ed. Scarborough VIRGINIA CAROLORUM. 319 " Most Honoured Sir : I must once more beg your pardon for importuning you to send us your declaration of the gover- nour, and councels assent, to a cessation, for indeed not only our assembly, and courts, but all our commerce have their dependence on the assurance of that our former results receive no interruption by the alteration of our opinion, and its the voice of all, that a cessation will make some few mer- chants venture their goods to us, in these dangerous times, whichj otherwise, they will keep by them, and then in what a miserable condition will these poor colonies be; for however we are at a greater distance from danger, we shall be the first that for want of necessarys shall feel the pressure of a terrible war. The last ship, that came to us, informs us that the scales yet hung formidably ballanced, and that few will venture to us, but on hopes of great gaines. This with many other considerations make us desire you to hasten this messenger, with your answer, which we are confident will satisfie all our hopes and wishes. " Your mOst humble servant " Jamestown, the assembly " setting 8 ber. 24:th, 1666. " William Berkeley." In this dearth of manufactured goods, the Assembly passed the following, intimating that want of industry was a partial cause of suffering. " Whereas the present ob- struction of trade, and the nakedness of the country doe sufficiently evidence the necessity of providing supply of our wants by improveing all means of raysing, and promote- ing manufactures amonge ourselves, and the governours honour haveing by apparent demonstrations manifested that our poverty and necessity proceeds more from want of industry, than defect of ability, since that five women or 320 VIRGINIA CAROLORUM. children of 12 or 13 yeares of age, may with much ease provide suffitient cloathing, for thirty persons, if they would betake themselves to spinning which cannot be pb- jected against, if weavers and loomes, were once provided; for the better effecting whereof " it was enacted that within two years, each county should set up a loom, and provide a weaver at the charge of the county. Berkeley at this period, made a vigorous effort to raise flax upon his plan- tation, but the crop failed. At the request of the colonists, the English guard ship "Ehzabeth"of forty-six guns, Capt. Lightfoot, was sent to the mouth of the James River, to protect merchant vessels from Dutch war ships. Early in June, 1667, the "Prince WiUiam " with two or three other Hollanders, attacked the merchant shipping in Chesapeake Bay near Point Comfort, and, Conway, captain of one of these ships fought them for six hours, but was obliged to surrender. The enemy then sailed up the James Eiver, and found the captain of the " Elizabeth" absent, with his mistress, at a wedding. After firing one gun, the "Elizabeth" surrend- ered, and was burned. Having destroyed seven merchant ships, and captured thirteen more, the enemy sailed away* leaving the people in consternation. Berkeley now found his position most embarrassing. Sec- retary Ludwell wrote to Lord John, his brother, that his condition was very sad. The court party at home was ready 1 On the 24tli of August Capt. White, in the English frigate " Oxford" gave chase to tliree Holland war Teasels and defeated. The Dutch Admiral was killed, and said to have been the oflBcer who burned the " Elizabeth." Col. State Papers, 1667. VIRGINIA CABOLOnUM. 32I to reduce the colony, to a proprietary government ; the people of the Colony were restless, because, the Council composed of a few wealthy monopolists and their relatives\ had virtually abolished the election for burgesses and thus created discontent, and the Governor in his perplexity determined to solicit his recall. A letter signed by aU the CouncU requested that he might be continued in office. Letters however reached England with much censure of the Governor's passion, weakness, and infirmities of age, and complaint Qf the great sway of the Council. To the miseries caused by war with Holland, was added another affliction. During the month of August, there had been constant and violent rain^, and on the 27th of the month, a dreadful hurricane in a few hours destroyed almost the entire crop of corn and tobacco, and blew down the frail houses of a large portion of the inhabitants. The Assembly convened the next month, and " whereas by the violence of the late storme, many barnes have been blowne downe, and the corne therein endangered by the 'For years, Virginia was controlled by a few ricli tobacco mercliants and planters, whose families had intermarried. Governor Spotswood in a letter to the Commissioners of trade dated March 9, 1713 {See Spotswood Letter*, Vol. I, p. 60), uses these words : " The greater part of the present Council are related to the family of the Barwells. And as there are sundry other gentlemen of the same family whose qualifications may entitle them to be of the Council, if they also should be admitted upon the said private recommendation as Mr. Berkeley hath been, the whole Council in a short time would be of one kindred. As it is now, if Mr. Bassett and Mr. Berkeley should take their places, there will be no less than seven, so near related that they will go off the bench whenever a cause of the Burwells comes to be tried." In the Records of Northampton County, Va., it is mentioned that in 1640 William Burwell transported Lewis Burwell, George Burwell and Elizabeth Burwell. 41 322 VIRGINIA CAROLORUM. raine, many fences overthrowne, and the corne within de- voured by cattle and hogs," it was enacted, that no grain, for a year, should be exported. The late invasion of the Dutch convinced the Assembly that a Fort at Point Comfort, would not protect their ship- ping, and they resolved to erect forts on the James, Nanse- mond, and York Eivers, at Oorotoman on the Eappahannock, and at Yeocomico on the Potomac. Captain Silas Taylor' who had been in Virginia applied to the authorities in Eng- land to be appointed engineer in charge of the defences of the Colony. In 1668, the people of Virginia were much encouraged, by peace declared between England and Holland, and trade began to revive. To revive' an interest in the colony, and prove that some thing beside tobacco could be produced, a present of silk, that had been delayed by the Dutch war, was forwarded to the King, with the following letters. " To the King's Most Sacred Majestie " The Grovernor, Councell and Burgesses of his " Majesties CoUony of Virginia. " In all humility doe pray that your Majestie will be pleased graciously to accept their present of three hundred pounds of silke, being the first fruites of their labours in ' Taylor waB at this time in charge of the military stores at Harwich, he had served under a distinguished military engineer on the continent. Oldenberg, Secretary of the Royal Society, who wrote to Governor Winthrop : '" How happy would it be if there were an union of all our English Colonies for free communication witli martial assistance ; " in a letter dated August 5, 1663, writes about " Capt. Silas Taylor, also an ingenious and knowing person who is now going for Virginia, for his private occasions." Pepys, in his Diary, speaks of taking a drink with Taylor in the Sun Tavern, King street, London, and on July 1, 1668, goes to the chapel at White Hall to listen to an anthem composed by Taylor. yiRQINIA GABOLOBUM. 323 that kind, which they humbly hope your Majestie will be the more inclined to doe, in regard it is a Royall commodity and that your favorable recepcon of it will be a very great incouragement to us to make a greater progresse in that worke. And allthough it be a truth that our want of "that skill which other countryes, longer conversant in and better acquainted with the makeing of that comodity have is a very great retardment to our making better and greater quanti- ty es of it, yet we hope that your Majestie upon this small experiment of our industry will be graciously pleased here- after to grant us your favourable assistance by commanding men better skilled in that and other staple comodityes, for which this country is very proper, to come and reside amongst us, that in some short tyme we may (to the honor of your Majestie and the advantage of our nation in generall and ourselves in perticular) introduce silke, flax, hempe, and potash amongst us, and noe longer depend wholly upon tobacco, to the ruine of the colony, and decay of your Majesties customs. This we most humbly hope from your Princely goodnesse, and may God for ever and for ever blesse your Majestie with all happyness. " Your Majesties most humbly and faithful and obedient subjects and servants. " William Berkeley, " in the name of the Councell. "Virginia "Tho. Ludwell, Secretary. "22 July, 1668, Egbert Wynne, Speaker. " May it please your Sacred Majestie " Now that the peace has given us some security that our first fruites of silke may come safe to your Majestie, we 324 YIRaiNIA CABOLORUM. have with al humble acknowledgments of your Majesties gracious protection of us sent it to your Majestie. The present is smal of itselfe, but the hopes and consequences of this exelent commodity may be hereafter of an inestimable benefit to your Majesties kingdomes. It is not ful three score yeares since France began to make silke, yet this amongst others is one cause of the immense wealth of France. This country, both for the clymate and fruitful- nesse of it, is more proportioned suddenly to produce this admirable commodity than France can be ; but for this flax and hempe we want some able skilful men to instruct us. " With your Majesties gracious permission I wil lay my selfe at your Majesties feet this yeare, and wil beg leave to goe into France to procure skilful men for al thes great workes. The great God of heaven protect your Majestie and keepe you safe from al your ennimies of what nature soever they are, this for ever shal pray. "Your Sacred Majestie most "humble, most obedient ' ' Virginia ' ' subject and servant "July 22, 1668. Will. Berkeley." The King returned this acknowledgment " To our Trusty and Welbeloved Sir WiUiam Berkeley Knt, Our Gover- nour of our Colony of Virginia, to be communicated to y Councill of that Our Colony." "Trusty and welbeloved, wee greet you well. Wee have received w"" much content y" dutifuU respects of that Our Colony in y" present, lately made us by you, & ye Councell there of y' first product of y= new Manu- facture of Silke, w"^"", as a mark of Our Brincely accep- VIRGINIA GAROLORUM. 325 tation of yo' dutyes & of y' particular encouragement, Wee resolve to give to yo' industry in y' prosecution and im- provem't of that or any other usef uU Manufacture, Wee have commanded to be wrought up for y' use of Our owne person, and herein Wee have thought good to give you this kno.wledge from Our owne Royall hand, and to assure of Our more especiall care & protection in all occasions that may concern that our ancient Colony and Plantation, whose laudable industry, raysed in good part & improved by y"* sobriety of y" government we esteem much & are desirous by this & any other seasonable expression of Our favour, as farre as in us lies, to encourage. And soe Wee bid you Farewell. G-iven at Our Court at Whitehall, the 25 day of November, in y° 20th year of our Eeigne 1668. To encourage the manufacture of silk, the Assembly of October, 1669, renewed the former premium of fifty pounds of tobacco for each pound of wound silk. As the expense of sending Burgesses to the Assembly which did nothing more than carry out the orders of the Governor and Council, a county frequently sent but one Burgess, it was enacted "that after this present session each county shall be enjoined to return two burgesses for the better service of the publique." While the Indians, when provoked, were dangerous, yet an estimate, made at this time, shows they were not nu- merous. County. Bands. Bowmen, Nanzemond Nanzemonds 45 Surrey Powchyicks 30 (C Weyenoakes 15 326 VIRGINIA GAROLORUM. Charles City County Menheyricks 50 a a Nottoways 90 li it Appamattux 50 Henrico County Manachees 30 a a Powhites 10 New Kent County Pamunckies 50- (( a Chicka^ominies 60 a i( Mattapanies 20 a l£ Eapahanocks 30 a a Totas-Ohees '40 Gloucester County. Chiskoyackes 15 Eappahannock County Portobaccoes 60 a a Nanzcattico \ Mattehatique j (c a 50 Northumberland County Wickacomico 70 Westmoreland County. Appomatux 10 Total Y25 John Lederer an intelligent German, in 1669 made an ex- ploration from the head waters of York Eiver, toward the mountains, and on the 20th of May, 1670, began a second tour, with Major Harris, twenty white men, and five In- dians. They started from the Falls of James River, and on the twenty -second of the month reached the Indian village, Monakin. From thence proceeding westward, on the 3d of June they came to the south branch of the James Eiver, computed to be one hundred miles from the Monakin village. For some reason, from this point the Englishmen retraced their steps, but Lederer with a Susquehanna Indian pushed on in a south-westerly direction, and on the 9th arrived at Sapon, an Indian town upon a branch of the Shawan VIRGINIA CAROLORUM. 327 [Chowan]. Proceeding fifty miles south by west, he found a strong Indian village on an island in Eoanoke Eiver, and there found some Rickohockans, on a visit, who were after- wards killed in a quarrel with their entertainers. On the lith of June, he was at Watery, and going westward he came to Sara, and on the 26th of June reached the Lake of TJshery. Here he rested for two days, and then began his return and on the 14th of July was at the seat of the Chief of the Tuskioras [Tuscaroras] and on the 18th arrived at the white settlements on the Apomatuck Eiver. Not considering that he had been fairly treated by the Virginia authorities he went over to Maryland, and in April, 1671, petitioned for naturalization. The Secretary of that Province, Sir William Talbot, found him a modest and ingenious person and his journal written in Latin, he trans- lated and published.' Major General Wood received a commission to send out an expedition beyond the mountains the year after Lederer returned, and on Friday, September 1, 1671, Thomas Batts,'' '"The discoveries of John Lederer, from Virginia to the west of Carolina. Translated out of Latin, by Sir William Talbot. London, S. Heyrick, 1672." 3 pi., 27 pp., 1 map, sm. 4&, ■Robert Batt, grandson of Henry of Okewell near BristoU, was fellow and Ticar-master of University College, Oxford. By his wife Mary, daughter of John Parry, he had several children, among others : 1 . John Batt, Captain and Justice of the Peace who married Martha, daughter of Thomas Mallory, Dean of Chester who had John, drowned at sea coming from Virginia with his father. William living in Virginia 1667 ; Thomas in Vir ginia 1667 ; Henry in Virginia 1667 ; Martha in Virginia 1667. 2. Catherine daughter of Robert, sister Capt. John, J. P., married Philip Mallory. N. E. Hist. Gen. Beg., April, 1885. William Batt, perhaps brother of Capt. John, in 1643, entered 220 acres, on Mobjack Bay, and in 1649, 182 acres at Pacolacke, Chipoke Creek, James City 328 vmaiJsriA carolorum. moving in a mountainous region. Mohetan country was reached on the 16th, and the next day they found the falls of a river, like those of the James, probably the Kanawha. From this point, they began the return journey, and on the 21st arrived at the village of the Hanohaskies, to find that Thomas "Wood had died and was buried. On Sunday morning, the first of October, they reached Fort Henry, now the site of Petersburg. On the 20th of April 1670, a communication from the in- habitants of York, Gloucester, and Middlesex counties was read to the Council, representing their- apprehensions that the peace of the Colony was "endangered by the great numbers of fellows, and other desperate villaines, sent hither from the several prisons in England," The Council after considei-ing the paper, ordered " that it shall not be permitted to any person trading hither to bring in, and land any jaile birds, or such others, who for notorious offences have deserved to dye in England, from and after the twentyeth day of January next. * * * * And we Thomas Wood, Eobert Falland, Jack Nesan, once a servant of General Wood, Perecute an Apomatuck chief, with five horses proceeded westward from the Apolnatuck town, and on the ith came to a town of Sapong. The next day they reached a village of Hanohaskies, where Thomas Wood re- mained on account of sickness, and on the 9th slept at the Talera Indian village. On the 12th they were by the side of the Eoanoke Kiver, and on the lith, they were slowly County. Thomas and Henry Batt entered 5878 acres on August i39, 1668, on the Bouth Bide of James Elver, the valley of the Appamattock. William Batt, in April 1670, entered 700 acres in Charles City County. VIEGIlSriA GAROLORUM. 329 have been the more induced to make this order, by the horror yet remaineing amongst us, of the barbarous designe of those villaines, in September, 1663, who attempted, at once, the subversion of our rehgion, lawes, Hbertyes, right"!, and proprietyes, the sad effect of which desperate conspiracy we had undoubtedly felt, had not Grod of his infinite mercy prevented it, by a tymely and wonderfuU discovery of the same; nor hath it been a small motive to us to hinder and prohibit the importation of such dangerous and scandalous people,' since thereby we apparently lose our reputation, whilst we are believed to be a place only fitt to receive such base and lewd persons." Gradually the forms of popular government, long in use, were obliterated, and the power lodged with an oligarchy. The Assembly, the creature of the Grovernor and Council, in October, 1670, passed the following : "Whereas the usuall way of chuseing burgesses by the votes of all persons who haveing served their tyme are ffreemen of this country who ' On March 28, 1667, the following convicts were sent from Newgate to Vir- ginia, William Payne, Edward Evans, John Ward, Tho's Harwood, Robert Allen, William Allen, Jonas Sonier, Dorothy Bywater, Nicholas Danse, John English, George Windrewe, William Alexander, Mathew Cotter, William Kel- 1am, Isaac Oliver, John Cough tland, John Smith, Mathew Jones. Luttrell, in his Diary, under November, 1693, wrote " That a ship lay in Leith, going for Virginia, on board which, the magistrates-had ordered 50 lewd women out of the house of correction, and 30 other who walked the streets after 10 at ni!?ht." ^ Jonathan Boucher, the learned colonial clergyman and the tutor of General Washington's stepson John Parke Custi3,in his autobiography, has the follow- ing : " Mr. Washington was the second of five sous ; of parents distinguished neither for their rank nor their fortune. * * * George who like most people, thereabouts, at that time, had no other education than reading, writing, and accounts, which he was taught by a convict servant, whom his father bought for i. school-master." 42 330 VlitGlNiA CAMOLOIiVM. haveing little interest in the country doe of tner make tumults at the election to the disturbance of his Majesties peace, than by their discretions in their votes provide for the conserva- sion thereof, by makeing choyce of persons fitly qualifyed for the discharge of soe great a trust. And whereas the lawes of England grant a voyce in such election, only to such as by their estates real or personall have interest enough to tye them to the endeavour of the publique good ; It is hereby enacted that none but ff reeholders and house keepers who only are answerable to the publique, for the levies, shall hereafter have^a voice in the election of any burgesses in this country, and that the election shall be at the court house.'" The Commissioners of Plantations in 1670, sent over cer- tain queries to Governor Berkeley, which in 1671, he answered, as follows: 1. What councils, assemblies, and courts of judicature are within your government and of what nature or kind ? • The Assembly of 1722-3, made a furtlier restriction of suffrage. It was then enacted that " no free negro, mulatto, or Indian whatsoever shall have any vote at the election of burgesses, or any other election whatsoever." As required, the statutes of this session were sent to England to be approved by the Commission- ers of Trade and Plantations. Their attorney was Richard West, son-in-law of the distinguished Bishop Burnet, and brother-in-law of Governor Burnet of New York. He did not approve of the law, and wrote " I cannot see why one freeman should be used worse.than another, merely on account of his complex- ion. * * * * * It cannot be right to strip all free persons of a black com- plexion from those rights whicli are so justly valuable to any Ireeman." His opinion was rejected. West, on Dec. 3, 172C, died Lord Chancellor of Ireland, and was buried in Dublin. George Mason of Qunston Hall, in the Virginia Declaration of Rights of June, 1776, re-incorporatcd the idea of the suffrage law of 1656, that it was " some- thing hard and unagreeable to reason, that any persons shall pay taxes, and have no votes in election." VIRGINIA CAROLORUM. 33I Answer. There is a Governor, and sixteen counsellors, who have from his sacred majestie a commission of Oyer and Terminer, who judge and determine all causes that are above iifteen pounds sterling ; for that is under, there are particular courts in every county, which are twenty in number. 2 . What courts of judicature are within your government relating to the admiralty ? Answer. In twenty-eight yeares there has never been one prize brought into the country; so that there is no need for a particular court for that concern. 3. Where the legislative and executive powers of your government are seated ? Answer. In the governor, councel, and assembly, and officers substituted by them. 4. What statute laws and ordinances are now made and in force ? Answer. The secretary of this country every year sends to the lord chancellor, or one of the principal secretaries, whg,t laws are yearly made ; which for the most part con- cern only our own private exigincies for contrary to the laws of England we never did, nor dare make any, only this, that no sale of land is good and legal, unless, within three months after the conveyance it be recorded in the general court or county courts. 5. What number of horse and foot are within your government, and whether they be trained bands or standing forces ? Answer. All our freeman are bound to be trained every month in their particular counties, which we suppose, and do 332 VIRGINIA GABOLOEUM. not much mistake in the calculation, are near eight thousand horse; there are more, but it is too chargeable for poor people as we are, to exercise them. 6. What castles and fiforts are within your government, and how situated, as also what stores and provisions they are furnished withall ? Answer. There are five fforts in the county, two in James Eiver, and one in the three other rivers, of York, Rappa- hannock and Potomek; but God knows we have neither skill or abihty to maintain them; for there is not, nor as far as my enquiry can reach, ever was one ingenier in the country, so that we are at contiimal charge to repair unskilful! and inartificial buildings of that nature. There is not above thirty great and serviceable guns; this we yearly supply with powder and shot as far as our utmost abilities will permit us. 7. What number of privateers do frequent your coasts and neighbouring seas; what their burthens are; the number of their men, and guns, and the names of their commanders ? Answer. None to our knowledge since the late Dutch war. 8. What is the strength of your bordering neighbours, be they Indians or others, by sea, and land; what correspond- ence do you keep with your neighbours ? Answer. We have no Europeans seated nearer to us than St. Christophers or Mexico that we know of, except some few ffrench, that are beyond New England. The Indians, our neighbours are absolutely subjected, so that there is no fear of them. As for correspondence, we have none with VIRGINIA CAROLOBUM. 333 any European strangers; nor is there a possibility to have it with our own nation further than our traflfick concerns. 9. What arms, ammunition, and stores did you find upon the place, or have been sent you since, upon his majestye's account; when received; how employed; what quantity of them is remaining, and where ? Answer. When I came into the country, I found only one ruinated ffort, with eight great guns, most unserviceable, and all dismounted, but four, situated in a most unhealthy -place and where if an Enemy knew the soundings, he could keep out of the danger of the best guns in Europe. His Majesty, in the time of the Dutch warr, sent us thirty great guns, most of which were lost, in the ship that brought them. Before, or since this, we never had one great or small gun sent us, since my coming hither; nor I believe in twenty years before. All that have been sent by his sacred majesty, are still in the country, with a few more we lately bought. 10. What monies have been paid as appointed to be paid by his majesty, or levied within your government for and towards the buying of armes, or making or maintaining any ffortifications or castles, and how have the said monies been expended ? Answer. Besides those guns I mentioned, we never had any monies of his majesty towards the buying of ammuni- tion or building of fforts. What monies can be spared out of the publick revenue, we yearly lay out in ammunition. 11. What are the boundaries and contents of the land within your government ? 334 VIRGINIA GAROLORUM. Answer. As for the boundaries of our land, it was once great, ten degrees of latitude, but now it has pleased his majesty to confine us to halfe a degree, [on the Atlantic coast ?] Knowingly, I speak this. Pray God, it may be for his majesty's service, but I much fear the contrary. 12. What commodities are there of the production, growth and manufacture, of your plantation ; and particularly, what materials are there a;lready growing, or may be pro- duced, for shipping, in the same ? Answer. Commodities of the growth of our country, we never had any, but tobacco, which in this yet is consider- able, that it yields his majesty a great sense, but of late we have begun to make silk, and so many mulberry trees are planted, and planting, that if we had skilful men from Naples or Sicily to teach us the act of making it perfectly, in less than half an age, we should make as much silk in one year, as England did yearly expend three score years since; but now we hear it is grown to a greater excess, and more common and vulgar usage. Now for shipping, we have admirable masts, and very good oaks; but for iron ore I dare not say there is sufficient to keep one iron mill going for seven years. 13. Whether salt-petre is, or may be produced within your plantation, and if so, at what rate may it be delivered in England ? Answer. Salt-petre we know of none, in the country. 14. What rivers, harbours, or roads are there in or about your plantation, and government, and what depth and soundings are they ? VIRGINIA GAROLOniTM. 335 Answer. Elvers we have four, as I named before, all able safely, and severally, to bear and harbour a thousand ships of the greatest burthen. 15. What number of planters, servants, and slaves; and how many parishes are there in your plantation ? Answer. We suppose, and I am very sure we do not much miscount, that there is in Virginia above forty thousand per- sons, men, women and children, and of which, the reare two thousand black slaves, six thousand christian servants, for a short time, the rest are born in the country, or have come into settle and rent, in bettering their condition in a grow- ing country. 16. What number of English, Scot, or Irish have, for these seven years last past, come yearly to plant and inhabite within your government; as also what blacks or slaves have been brought in within the said time ? Answer. Yearly, we suppose there comes in, of servants about fifteen hundred, of which, most are English, few Scotch and fewer Irish, and hot above two or three ships of negroes, in seven years. 17. What number of people have yearly died, within your plantation, and government, for these seven last years .past, both whites and blacks ? Answer. All new plantations are, for an age or two, un- healthy, till they are thoroughly cleared of wood; but unless we Had a particular register office for the denoting of all that died, I cannot give a particular answer to this query, only this I can say, that there is not oft unseasoned hands (as we term them) that die now, whereas heretofore not one of five escaped the first year. 336 VIRGINIA CAROLORUM. 18. What number of ships do trade yearly to and from your plantation, and of what burthen are they ? Answer. Enghsh ships, near eighty come out of Eng- land and Ireland, every year, for tobacco; few New England ketches; but of our own we never yet had more than two, at one time, and those not more than twenty ton burthen. 19. What obstructions do you find to the improvement of the trade and navigation of the plantations within your government ? Answer. Mighty and destructive, by that severe act of parliament which excludes us the having any commerce, with any nation iu Europe, but our own, so that we cannot add to our plantation any commodity that grows out of it, as olive trees, cotton, or vines. Besides this we cannot pro- cure any skilfuU men, for our new hopeful commodity, silk; for it is not lawfull for us to carry a pipe stave, or a barrel of corn to any place in Europe, out of the King's dominions. If this were for his majesty's service, or the good of his subjects we should not repine, whatever our suf- ferings are for it; but on my soul it is the contrary for both. And this is the cause why no small or great vessels are built here; for we are most obedient to all laws, whilst the New England men break through, and men trade to any place that their interests bind them. , 20. What advantages or improvements do you observe that may be gained to your trade and navigation ? Answer. None unless we had liberty to transpose our pipe staves, timber, and corn, to other places besides the King's dominions. VIRGINIA CAROLOBUM. 337 21 . What rates and duties are charged and payable upon any goods exported out of your plantation, whether of your own growth or manufacture, or otherwise, as also upon goods imported ? Answer. No goods either exported or imported pay any; the least duties, here, only two shillings the hogshead; on tobacco exported, which is to defray all public charges; and this year we could not get an account of more than fifteen thousand liogshead; out of which, the Kings allows me a thousand [pounds sterling] yearly, with which I must main- tain the part of my place, and one hundred intervening charges, that cannot be put to public account. And I can knowingly affirm that there is no government after years settlement, but has thrice as much allowed him. But I am supported by my hopes, that his gracious majesty will one day consider me. 22. What revenues doe or may arise to his majesty within your government, and of what nature is it; by whom is the same collected, and how answered and accounted to his majesty ? Answer. There is a revenue arising to his majesty, but out of the quit rents; and of this he hath given away to a deserving servant, Col. Henry Norwood. 23. What course is taken about the instructing the people, within your government, in the christian religion; and what provision is there made for the paying of your ministry ? Answer. The same course that is taken in England, out of towns, every man according to his ability, instructing his children. We have fforty eight parishes, and our ministers 48 338 VlRGmtA CAHOLOMVM. are well paid, and by my consent should be better if they would pray oftener, and preach less. But of all other commodities, as this, the worst are sent us, and we had few that we could boast of, since the perse- cution in Cromwell's tiranny drove divers worthy men hither. But I thank God, there are no free schools, nor printing, and I hope we shall not have, these hundred years; for learning has brought disobedience, and heresy, and sects into the world, and printing has divulged them, and libels against the best government. God keep us from both." CHAPTER IX. AFFAIRS FROM A.D., 1673 TO A.D., 1685. GOTEENOR BeSKELEY's IRRITABILITY. HiS MaREIAGB. SbCOND ATTACK AT P't ComFORT BY THE DuTCH. GoDWYN, THE CLERGY- MAN, CRITICISES THE Colony. Nathaniel Bacon, the younger. Indian troubles. Rashness of Mason and Washington. Bacon's Rebellion. Berkeley's Remonstrance. Bacon's Confession. Subsequent troubles. Exeoution of insur- gents. Arrival of troops. Deputy Governors Jeffreys AND Chicubley. Governors Culpepper and Howard. BERKELEY, in applying for a release of the cus- tom charges upon certain hogsheads of tobacco, confesses to Lord Arlington, that " age and mis- fortune have withered his desires, as well as his hopes. Though ambition commonly leaves sober, old age; covetous - ness does not." In the desire for gain, it is probable, as his enemies charged, that he favored contractors, and monopo- lists and thus produced a wide spread discontent. Edmundson, a Quaker preacher, whose zeal was not without knowledge, and a companion of the celebrated, " mellow voiced," George Fox, visited Virginia in 1672, and in his journal, has described an interview with the Governor, on his journey from Carolina. He writes : "As I returned, it|was laid upon me, to visit the Governor Sir William Bar- 340 VIRGINIA OABOLORUM. clay [Berkeley] and to speak with him about Friends suf- ferings. .1 went about six miles out of my way to speak with him, accompanied by William Garrett^ an honest and ancient Friend. I told the Governor, that I came from Ireland, where his brother'' was Lord Lieutenant, who was kind to our Friends; and if he jhad any service for me, to his brother, I would willingly do it; and as his brother was kind to our Friends in Ireland, I hoped he would be so to our Friends in Virginia. " He was very peevish and brittle, and I could fasten noth- ing on him, with all the soft arguments I could use * * * The next day, was the men's meeting at William Wrights' house,^ the justice [Taverner] went to the meeting, about eight or nine miles, and several other persons came to the meeting, particularly Richard Bennett, alias Major General Bennett. Justice Taverners wife came to me, and told me, that the Major General, and others, were below, staying to speak with me; so I went down to them. They were cour- teous,- and said, they only stayed to see me, and acknowl- ' William Garrott, bricklayer, was one of the first immigrants arriving in 1607, at Jamestown. In April, 1630, there was present at a meeting of the Virginia Company in London, a William Jarratt (Garrett ?) described as an inhabitant of Virginia, for thirteen years. Another William Garrett aged about 17, came in the ship " George," in 1619, as one of the servants of Abraham Piersey = Lord Berkeley of Stratton was one of the sons of Sir Maurice of Bruton, was knighted in 1638, and in 1640, a member of Parliament, in 1643, Commissary General under Hopton, in 1654, was present at the baptism of Henrietta Maria infant of the King, Fled with King Charles and resided in ""Paris. From 1653 to 1655, served under Turenne the great French officer. He was created by Charles the Second Baron Berkeley of Stratton May 19, 1653, and in 1659, was made Lord President of Connaught. In 1668, he brought Twickenham Park, and in 1670, was made Lord Lieutenant of Ireland. |ij_3 A William Wright was under sheriff of James City County. VIRGINIA GAROZOBUM. 341 edge what I had spoken, in the meeting, was truth. I told them the reason of our Friends, drawing apart from them, was to lay down a method to provide for our poor widows and fatherless children. * * * * The Major General replied, he was glad to hear there was such care and order among us. He further said, he was a man of great estate, and many of our Friends, poor men; therefore he desired to contribute with them. He likewise asked me " How I was treated by the Governor ? ' I told him ' he was brittle and peevish, and I could get nothing fastened on him ' He asked me ' If the Governor called me dog, rogue, etc. ' I said 'No.' 'Then,' said he, 'You took him in his best humor, those being his usual terms, when he is angry, for he is an enemy to every appearance of good.' They were tender and loving, and we parted so, the Major General de- siring to see me at his house, which I was willing to do and accordingly went." Bennett did not live long after this, for Edmundson writes : " He was a solid, wise man, receiving the truth, and died in the same, leaving two Friends, exe- cutors." About this time the gossips of the Colony were busy with their tongues. The old Governor frequently did things which occasioned surprise, but astonishment was never greater, than when it was announced, that Berkeley, now more than three score years of age, had married Frances' the ' At a meeting of the General Court on April 20, 1670, the petition of Mrs. Frances Stephens relict of Capt. Samuel was read, asking that she might be imme- diately possessed of the lands and personal estate at Boldrux, Warwick County, where John Hill then lived, and the next day the will of her husband was re- corded. The prominent men of Virginia were inclined to widows. Governor Harvey married in his declining years the widow of Councillor Richard Stephens. The 342 VIRGINIA GAROLOBUM. vigorous and energetic widow of Samuel Stephens. After Drummond's term as Governor of Albemarle expired, Samuel Stephens of Warwick County, in October. 1667, was chosen to succeed him, and died about two years after, leaving his widow a good estate. Difficulties again occurring between England and Holland, eight ships of war bearing the flag of the latter, in July, 1673, appeared off Point Comfort, and for four hours fought two English men-of-war, took eight merchant vessels and sunk five. A sloop containing Capt. James Carteret the weak and dissipated son of Sir George, and his young bride was suffered to be run ashore. One of the captured vessels, was a schooner from New York, and a passenger, Samuel Hopkins, informed the Dutch Admiral, that New York was not well pi-otected, and the fleet then proceeded thither, and took the town. About the time that Philip Mallory, the respected clergy- man, went to England, Assembly of 1660-1, asked, that the King would request the Universities of Oxford, and Cam- bridge, to send ovev competent ministers. Morgan God- wyn, also written Godwin^ who belonged to a family of theo- widow of Gfoverudr Sotli Sotliel, of Carolina, whose niaiileii name was Ann Willis of Ipsvvicli, Massachusetts, took for her fourth husband Col. John Lear of Virginia. Sir Henry Chicheley married the widow Ajjatha Wormeley. Richard Lawrence, the insurgent, married a prosperous widow who kept a tavern at Jamestown. No explanation has been found of the followin