CHAPTER XLI.

1683-1688.

Persecution of Robert Beverley--Plots and Executions in

England--Culpepper returns to England--Spencer, President--

Culpepper is displaced--Succeeded by Effingham--Beverley,

found guilty, asks Pardon, and is released--Miscellaneous

Affairs--Death of Charles the Second--Succeeded by James the

Second--Beverley again Clerk--Duke of Monmouth beheaded--

Adherents of Monmouth sent Prisoners to Virginia--Instructions

respecting them--Death of Robert Beverley--Despotism of James

the Second--Servile Insurrection prevented--Virginia refuses

to contribute to the erection of Forts in New York--Commotions

in Virginia--Effingham's Corruption and Tyranny--He embarks

for England--Ludwell dispatched to lay Virginia's Grievances

before the Government--Abdication of James the Second.

THE vengeance of the government fell heavily upon Major Robert Beverley,

clerk of the house of burgesses, as the chief instigator of these

disturbances. He had incurred the displeasure of the governor and

council by refusing to deliver up to them copies of the legislative

journals, without permission of the house. Beverley had rendered

important services in suppressing Bacon's rebellion, and had won the

special favor of Sir William Berkley; but as circumstances change, men

change with them, and now by a steady adherence to his duty to the

assembly, he drew down upon his head unrelenting persecution. In the

month of May, 1682, he was committed a close prisoner on board the ship

Duke of York, lying in the Rappahannock.[335:A] Ralph Wormley, Matthew

Kemp, and Christopher Wormley, were directed to seize the records in

Beverley's possession, and to break open doors if necessary. He

complained, in a note addressed to the captain, and claimed the rights

of a freeborn Englishman. He was transferred from the Duke of York to

Captain Jeffries, commander of the Concord, and a guard set over him. He

was next sent on board of Colonel Custis's sloop, to be taken to

Northampton. Escaping from the custody of the sheriff of York, the

prisoner was retaken at his own house in Middlesex, and sent to

Northampton, on the Eastern Shore. Some months after, he applied for a

writ of _habeas corpus_, which was refused; and in a short time, being

again found at large, he was remanded to Northampton. In January, 1683,

new charges were brought against him: First, that he had broken open

letters addressed to the secretary's office; Secondly, that he had made

up the journal, and inserted his majesty's letter therein,

notwithstanding it had first been presented at the time of the

prorogation; Thirdly, that in 1682 he had refused copies of the journal

to the governor and council, saying "he might not do it without leave of

his masters."

In the year 1680, England was agitated and alarmed with the "Popish

plot;" and the Earl of Stafford and divers others were executed on the

information of Oates and other witnesses. In July, 1683, Lord Russell

was beheaded on a charge of treason, and others suffered the same fate

as being implicated in what was styled the "Protestant plot."

Culpepper, after staying about a year in Virginia, returned to England,

leaving his kinsman, secretary Nicholas Spencer, president. Thus, again,

quitting the colony in violation of his orders, he was arrested

immediately on his arrival; and having received presents from the

assembly, contrary to his instructions, a jury of Middlesex found that

he had forfeited his commission. This example having shown that he who

acts under independent authority will seldom obey even reasonable

commands, no more governors were appointed for life.[336:A]

Beverley[336:B] gives a different account: "The next year, being 1684,

upon the Lord Culpepper refusing to return, Francis, Lord Howard of

Effingham, was sent over governor." But Chalmers, having access to the

records of the English government, appears to be the better authority.

Lord Culpepper having it in view, as was said, to purchase the propriety

of the Northern Neck, lying between the Rappahannock and the Potomac, in

order to further his design, had fomented a dispute between the house of

burgesses and the council; and the quarrel running nigh, his lordship

procured from the king instructions to abolish appeals from the general

court to the assembly, and transfer them to the crown. However,

Culpepper being a man of strong judgment, introduced some salutary

amendments to the laws. During his time, instead of fixed garrisons,

rangers were employed in guarding the frontier. In October died

Lieutenant-Colonel Thomas Clayborne, (son of Colonel William Clayborne,)

mortally wounded in an engagement with the Indians, which took place

near West Point, at the head of York River; he lies buried on the same

spot, in compliance with his dying request. The son appears to have

inherited the spirit of his father.

Lord Culpepper was succeeded by Francis, Lord Howard of Effingham, whose

appointment was the last act of Charles the Second in relation to the

colony of Virginia. Lord Effingham was appointed in August, 1683, the

thirty-fifth year of the king's reign, commissioned in September, and

arriving in Virginia during February, 1684, entered upon the duties of

the office in April. The assembly met on the following day. Acts were

passed to prevent plant cutting, and preserve the peace; to supply the

inhabitants with arms and ammunition; to repeal the act for

encouragement of domestic manufactures; to provide for the better

defence of the colony; laying for the first time an impost on liquors

imported from other English plantations; exempting such as were imported

by Virginians for their own use, and in their own vessels. The

burgesses, in behalf of the inhabitants of the Northern Neck, then

called Potomac Neck, prayed the governor to secure them by patent in

their titles to their lands, which had been invaded by Culpepper's

charter. The governor replied that he was expecting a favorable decision

on the matter from the king.

About this time the name of Zach. Taylor, a surveyor, is mentioned, an

ancestor of General Zachary Taylor, some time President of the United

States.[337:A]

In May, 1684, Robert Beverley was found guilty of high misdemeanors,

but judgment being respited, and the prisoner asking pardon on his

bended knees, was released, upon giving security for his good behavior.

His counsel was William Fitzhugh, of Stafford County, a lawyer of

reputation, and a planter. Beverley was charged with having led the

people to believe that there would be a "cessation" of the tobacco crop

in 1680, and such appears to have been the general impression in the

summer of that year.[338:A] The abject terms in which he now sued for

pardon form a singular contrast to his former constancy; and it is

curious to find the loyal Beverley, the strenuous partizan of Berkley,

now the victim of the tyranny which he had formerly defended with so

much energy and success.

On the twentieth day of May, of this year, Lord Baltimore was at

Jamestown on a visit to the governor, with a view of embarking there for

England.

Owing to the incursions of the Five Nations upon the frontiers of

Virginia, it was deemed expedient to treat with them through the

governor of New York; and for this purpose Lord Effingham, Governor of

Virginia, leaving the administration in the hands of Colonel Bacon, of

the council, and accompanied by two councillors, sailed, June the

twenty-third, in the "Quaker Ketch," to New York, and thence repaired to

Albany, in July. There he met Governor Dongan, of New York, the agent of

Massachusetts, the magistrates of Albany, and the chiefs of the warlike

Mohawks, Oneidas, Onondagos, and Cayugas. The tomahawk was buried, the

chain of friendship brightened, and the tree of peace planted. It was

during this year that the charter of Massachusetts was dissolved by a

writ of _quo warranto_. In the same year Talbot, a kinsman of the

Calverts, and a member of the Maryland Council, killed, in a private

rencontre, Rousby, the collector of the customs for that province; he

was tried in Virginia, and convicted, but subsequently pardoned by James

the Second.

Evelyn[338:B] says: "I can never forget the inexpressible luxury, and

profaneness, gaming, and all dissoluteness, and, as it were, total

forgetfulness of God, (it being Sunday evening,) which this day

se'nnight I was witness of, the king sitting and toying with his

concubines, Portsmouth, Cleveland, and Mazarine, etc., a French boy

singing love-songs in that glorious gallery, while about twenty of the

great courtiers, and other dissolute persons, were at basset round a

large table, a bank of at least two thousand pounds in gold before them;

upon which two gentlemen, who were with me, made reflections with

astonishment. Six days after, all was in the dust."

Rochester, in his epigram, described Charles the Second as one

Who never said a foolish thing, and never did a wise one.

But it is much easier to discover the foolish things that he did, than

the wise things that he said. He was good-natured, free from

vindictiveness, and had some appreciation of science.

The succession of James the Second to the throne was proclaimed in the

Ancient Dominion of Virginia "with extraordinary joy." The enthusiasm of

their loyalty was soon lowered, for the assembly meeting on the 1st day

of October, 1685, and warmly resisting the negative power claimed by the

governor, was prorogued on the same day to the second of November

following. Robert Beverley was again clerk. Strong resolutions,

complaining of the governor's veto, were passed. After sitting for some

time this and other bills were presented to him for his signature, which

he refused to give, and appearing suddenly in the house prorogued it

again to the 20th of October, 1686.

The Duke of Monmouth, an illegitimate son of Charles the Second, failing

in a rash insurrection, was beheaded, July the fourteenth of this year.

The first parliament of the new reign laid an impost on tobacco; the

planters, in abject terms, supplicated James to suspend the duty imposed

on their staple; but he refused to comply. They also took measures to

encourage domestic manufactures, which were disapproved of by the lords

of the committee of colonies, as contrary to the acts of navigation.

Nevertheless, on the reception of the news of the defeat of the Duke of

Monmouth, the Virginians sent a congratulatory address to the king.

A number of the prisoners taken with Monmouth, and who had escaped the

cruelty of Jeffreys, were sent to Virginia; and King James instructed

Effingham on this occasion in the following letter:[340:A]

"RIGHT TRUSTY AND WELL-BELOVED,--We greet you well. As it has

pleased God to deliver into our hands such of our rebellious

subjects as have taken up arms against us, for which

traitorous practices some of them have suffered death

according to law; so we have been graciously pleased to extend

our mercy to many others by ordering their transportation to

several parts of our dominions in America, where they are to

be kept as servants to the inhabitants of the same; and to the

end their punishment may in some measure answer their crimes,

we do think fit hereby to signify our pleasure unto you, our

governor and council of Virginia, that you take all necessary

care that such convicted persons as were guilty of the late

rebellion, that shall arrive within that our colony, whose

names are hereunto annexed,[340:B] be kept there, and continue

to serve their masters for the space of ten years at least.

And that they be not permitted in any manner to redeem

themselves by money or otherwise until that term be fully

expired. And for the better effecting hereof, you are to frame

and propose a bill to the assembly of that our colony, with

such provisions and clauses as shall be requisite for this

purpose, to which you, our governor, are to give your assent,

and to transmit the same unto us for our royal confirmation.

Wherein expecting a ready compliance, we bid you heartily

farewell. Given at our court at Whitehall, the 4th of October,

1685, in the first year of our reign.

"SUNDERLAND."

Virginia made no law conformable to the requisitions of the king.

James the Second, strongly resenting the too democratical proceedings of

the Virginia assembly, ordered their dissolution, and that Robert

Beverley, as chief promoter of these disputes, should be disfranchised

and prosecuted,[340:C] and directed that in future the appointment of

the clerk of the house of burgesses should be made by the governor.

Several persons were punished about this time for seditious and

treasonable conduct. In May, 1687, the assembly was dissolved. In the

spring of this year Robert Beverley died--the victim of tyranny and

martyr of constitutional liberty: long a distinguished loyalist, he

lived to become still more distinguished as a patriot. It is thus in

human inconsistency that extremes meet.

The English merchants engaged in the tobacco trade, in August, 1687,

complained to the committee of the colonies of the mischiefs consequent

upon the exportation of tobacco in bulk; and the committee advised the

assembly to prohibit this practice. The assembly refused compliance; but

the regulation was subsequently established by parliament. A meditated

insurrection of the blacks was discovered in the Northern Neck just in

time to prevent its explosion. In November a message had been received

from the Governor of New York, communicating the king's instructions to

him to build forts for the defence of that colony, and the king's desire

that Virginia should contribute to that object, as being for the common

defence of the colonies. This project of James, it was suspected, had

its origin in his own proprietary interest in New York. The Virginians

replied, that the Indians might invade Virginia without passing within a

hundred miles of those forts, and the contribution was refused. In

December, William Byrd succeeded Colonel Nathaniel Bacon, Sr., as

auditor of the accounts of his majesty's revenue in Virginia; he

continued to hold that place for seventeen years. His MS. accounts are

still preserved.

James the Second, influenced by the counsels and the gold of France, and

in violation of the most solemn pledges made to the parliament when he

ascended the throne, showed himself incorrigibly bent upon introducing

absolute government and establishing the Roman Catholic religion in

England. In Virginia the council displayed, as usual, servility to

power. Upon the dissolution of the assembly, the colony was agitated

with apprehensions and alarm. Rumors were circulated of terrible plots,

now of the Papists, then of the Indians. The County of Stafford was

inflamed by the bold harangues of John Waugh, a preacher of the

established church, and three councillors were dispatched to allay the

commotions. Part of Rappahannock County was in arms. Colonel John

Scarburgh, of the Eastern Shore, was prosecuted for saying to the

governor that "his majesty King James would wear out the Church of

England, for that when there were any vacant offices he supplied them

with men of a different persuasion." Scarburgh was discharged by the

council. Others were prosecuted and imprisoned; and James Collins was

put in irons for treasonable words uttered against the king.

Effingham, no less avaricious and unscrupulous than his predecessor

Culpepper, by his extortions and usurpations aroused a general spirit of

indignation. He prorogued and dissolved the assembly; he erected a new

court of chancery, making himself a petty lord chancellor; he multiplied

fees, and stooped to share them with the clerks, and silenced the

victims of his extortions by arbitrary imprisonment. The house of

burgesses, preparing to petition the king against the new invention of a

seal, by which his lordship extracted from the country one hundred

thousand pounds of tobacco per annum of extraordinary fees and

perquisites, and the governor getting wind of it, sent for them, and

they, knowing that his object was to dissolve them, completed the

petition, signed it, and ordered their clerk and one of their members to

transmit it to Whitehall for the king. But instead of being delivered to

his majesty, the original petition was sent back from England to the

governor, with an account of the manner in which it had been

transmitted. In consequence whereof, Colonel Thomas Milner, being a

surveyor and clerk of the house, was removed from those offices, and the

burgess being a lawyer, was prohibited from practising at the

bar.[342:A]

At length, the complaints of the Virginians having reached England,

Effingham embarked, in 1688, for that country, and the assembly

dispatched Colonel Ludwell to lay their grievances before the

government; but before they reached the mother country, the revolution

had taken place, and James the Second[342:B] had closed a short and

inglorious reign, spent in preposterous invasions of civil and religious

liberty, by abdicating the crown.

FOOTNOTES:

[335:A] Hening, iii. 540.

[336:A] Chalmers' Annals, 345.

[336:B] Beverley, B. i. 89.

[337:A] One of the James River merchant-vessels mentioned by the first

William Byrd, was called the "Zach. Taylor."

[338:A] Va. Hist. Reg., i. 166.

[338:B] Diary, ii. 211.

[340:A] Chalmers' Annals, 358

[340:B] The list is still preserved in the London state-paper office.

[340:C] Hening, iii. 40.

[342:A] Account of Virginia, in Mass. Hist. Coll., first series.

[342:B] Chalmers' Annals, 347.

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