History of the Colony and Ancient Dominion of Virginia Part 17

Such is the account of several chroniclers, but it appears to be based only on a loose and erroneous tradition. It would have been a mere empty gasconade for Sir William Berkley to oppose the English naval force, and the truth appears to be, that as soon as the parliamentary squadron entered the Chesapeake Bay, all thoughts of resistance were laid aside.

If the story of the preparation for resistance were credited, it must at the same time be believed that this chivalry and loyalty suddenly evaporated under the more potent influence of pecuniary interest.[217:D]

The capitulation was ratified on the 12th of March, 1652, by which it was agreed that the Colony of Virginia should be subject to the Commonwealth of England; that the submission should be considered voluntary, not forced nor constrained by a conquest upon the country; and that "they shall have and enjoy such freedoms and privileges as belong to the free-born people of England;" the a.s.sembly to meet as formerly, and transact the affairs of the colony, but nothing to be done contrary to the government of the Commonwealth of England; full indemnity granted for all offences against the Parliament of England; Virginia to have and enjoy the ancient bounds and limits granted by the charters of former kings; "and that we shall seek a new charter from the Parliament to that purpose, against any that have entrenched upon the rights thereof," alluding no doubt to Lord Baltimore's intrusion into Maryland; that the privilege of having fifty acres of land for every person transported to the colony, shall continue as formerly granted; that the people of Virginia shall have free trade, as the people of England do enjoy, to all places, and with all nations, according to the laws of that Commonwealth; and that Virginia shall enjoy all privileges equally with any English plantation in America.

The navigation act had been pa.s.sed in the preceding October, forbidding any goods, wares, or merchandise, to be imported into England, except either in English s.h.i.+ps, or in s.h.i.+ps of the country where the commodities were produced--a blow aimed at the carrying-trade of the Dutch. It was further agreed by the articles of surrender, that Virginia was to be free from all taxes, customs, and impositions whatsoever, and none to be imposed on them without consent of the grand a.s.sembly; and so that neither forts nor castles be erected, or garrisons maintained, without their consent: no charge to be made upon Virginia on account of this present fleet; the engagement or oath of allegiance to be tendered to all the inhabitants of Virginia; recusants to have a year's time to remove themselves and their effects out of Virginia, and in the mean time, during the said year, to have equal justice as formerly; the use of the Book of Common Prayer to be permitted for one year, with the consent of a majority of a parish, provided that those things which relate to kings.h.i.+p, or that government, be not used publicly; and ministers to be continued in their places, they not misdemeaning themselves; public ammunition, powder and arms, to be given up, security being given to make satisfaction for them; goods already brought hither by the Dutch to remain unmolested; the quit-rents granted by the late king to the planters of Virginia for seven years, to be confirmed; finally, the parliamentary commissioners engage themselves and the honor of the Parliament for the full performance of the articles, the governor and council and burgesses making the same pledge for the colony.[219:A]

On the same day some other articles were ratified by the commissioners and the governor and council, exempting the governor and council from taking the oath of allegiance for a year, and providing that they should not be censured for praying for, or speaking well of the king, for one whole year in their private houses, or "neighboring conference;" Sir William Berkley was permitted to send an agent to give an account to his majesty of the surrender of the country; Sir William and the members of the council were permitted to dispose of their estates, and transport themselves "whither they please." Protection of liberty and property were guaranteed to Sir William Berkley.

Major Fox, (comrade of Norwood,) commander of the fort, at Point Comfort, was allowed compensation for the building of his house on Fort Island. A general amnesty was granted to the inhabitants, and it was agreed that in case Sir William or his councillors should go to London, or any other place in England, that they should be free from trouble or hindrance of arrests, or such like, and that they may prosecute their business there for six months. It would seem that some important articles of surrender were not ratified by the Long Parliament.

The Fourth Article was, "That Virginia shall have and enjoy the ancient bounds and limits granted by the charters of the former kings, and that we shall seek a new charter from the Parliament to that purpose, against any that entrenched against the rights thereof." This article was referred in August, 1652, to the committee of the navy, to consider what patent was fit to be granted to the inhabitants of Virginia.

The Seventh Article was, "That the people of Virginia have free trade, as the people of England do enjoy, to all places and with all nations, according to the laws of that commonwealth; and that Virginia shall enjoy all privileges equal with any English plantations in America." The latter clause was referred to the same committee.

The Eighth Article was, "That Virginia shall be free from all taxes, customs, and impositions, whatsoever, and none to be imposed on them without consent of the grand a.s.sembly, and so that neither forts nor castles be erected, or garrisons maintained, without their consent."

This was also referred to the navy committee, together with several papers relative to the disputes between Virginia and Maryland. The committee made a report in December, which seems merely confined to the Fourth Article, relative to the question of boundary and the contest with Lord Baltimore. In the ensuing July the Long Parliament was dissolved.[220:A]

The articles of surrender were subscribed by Richard Bennet, William Clayborne, and Edmund Curtis, commissioners in behalf of the Parliament.

Bennet, a merchant and Roundhead, driven from Virginia by the persecution of Sir William Berkley's administration, had taken refuge in Maryland. Having gone thence to England, his Puritanical principles and his knowledge of the colonies of Virginia and Maryland, had recommended him for the place of commissioner. Clayborne, too, who had formerly been obliged to fly to England, and whose office of treasurer of Virginia Sir William Berkley had held to be forfeited by delinquency, and which the fugitive Charles had bestowed on Colonel Norwood--this impetuous and indomitable Clayborne was another of the commissioners sent to reduce the colonies within the Chesapeake Bay.

A new era was now opening in these two colonies; and the prominent parts which Bennet and Clayborne were destined to perform in this novel scene, exhibit a signal example of the vicissitudes of human fortune. The drama that was enacted in the mother country was repeated on a miniature theatre in the colonies.

FOOTNOTES:

[210:A] Description of New Albion, in Force's Hist. Tracts, ii.

[211:A] Hening, i. 353.

[211:B] Martin's History of North Carolina, i. 105-6. This is a valuable work, but marred, especially in the first volume, by the unparalleled misprinting, the engagements of the author not permitting him to correct the proofs.

[211:C] Force's Hist. Tracts, ii., "A New Description of Va."

[211:D] Hawks' Narrative, 57, citing Savage's Winthrop, ii. 334.

[212:A] Leah and Rachel, in Force's Hist. Tracts, iii., Leah and Rachel representing the two sisters, Virginia and Maryland.

[212:B] In the same year the Netherlands became independent.

[213:A] Hening, i. 360.

[215:A] Force's Hist. Tracts, iii.; Churchill's Voyages. A Major Norwood is mentioned in Pepys' Diary, i. 46.

[216:A] A Mr. Thomas Stagg was a resident planter of Virginia in 1652.

Hening, i. 375.

[217:A] Virginia and Maryland, 18; Force's Hist. Tracts, ii.

[217:B] Only one s.h.i.+p appears to have been confiscated. Hening, i. 382.

[217:C] Chalmers' Annals, 123; Beverley, B. i. 54.

[217:D] Bancroft, Hist. of U. S., i. 223, citing Clarendon, B. xiii.

466, and other authorities, says that the fleet was sent over by Cromwell, and came to Virginia after having reduced the West India Islands. Cromwell, however, although at this time the master-spirit of England, had not yet a.s.sumed dictatorial powers.

[219:A] Hening, i. 363.

[220:A] "Virginia and Maryland," Force's Hist. Tracts, ii. 20, in note.

Mr. Force, whose researches have brought to light such a magazine of curious and instructive historical materials, appears to have been the first to mention the non-ratification of some of the articles of surrender. He says: "Three of the articles were not confirmed," and therefore did not receive the last formal and final and definitive ratification which Burk [Hist. of Va., ii. 92,] supposes they did. But it appears that Burk referred only to the ratification by the parties at Jamestown, and had no reference to the ulterior confirmation by the Parliament.

CHAPTER XXIV.

1652-1656.

Bennet and Clayborne reduce Maryland--Cromwell's Letter-- Provisional Government organized in Virginia--Bennet made Governor--William Clayborne Secretary of State--The a.s.sembly-- Counties represented--Cromwell dissolves the Long Parliament, and becomes Lord Protector--Sir William Berkley--Francis Yeardley's Letter to John Ferrar--Discovery in Carolina-- Roanoke Indians visit Yeardley--He purchases a large Territory --William Hatcher--Stone, Deputy Governor of Maryland, defies the Authority of the Commissioners Bennet and Clayborne--They seize the Government and entrust it to Commissioners--Battle ensues--The Adherents of Baltimore defeated--Several prisoners executed--Cromwell's Letters--The Protestants attack the Papists on the Birth-day of St. Ignatius.

NOT long after the surrender of the Ancient Dominion of Virginia, Bennet and Clayborne, commissioners, embarking in the Guinea frigate, proceeded to reduce Maryland. After effecting a reduction of the infant province, they, with singular moderation, agreed to a compromise with those who held the proprietary government under Lord Baltimore. Stone, the governor, and the council, part of them Papists, none well affected to the Commonwealth of England, were allowed, until further instructions should be received, to retain their places, on condition of issuing all writs in the name of the Keepers of the Liberty of England.[222:A] Sir William Berkley, upon the surrender of the colony, betook himself into retirement in Virginia, where he remained free from molestation; and his house continued to be a hospitable place of resort for refugee cavaliers. There was, no doubt, before the surrender, a considerable party in Virginia, who either secretly or openly sympathized with the parliamentary party in England; and upon the reduction of the colony these adherents of the Commonwealth found their influence much augmented.

On the 30th of April, 1652, Bennet and Clayborne, commissioners, together with the burgesses of Virginia, organized a provisional government, subject to the control of the Commonwealth of England.

Richard Bennet, who had been member of the council in 1646, nephew of an eminent London merchant largely engaged in the Virginia trade,[223:A]

was made governor, April 30, 1652; and William Clayborne, secretary of state for the colony. The council appointed consisted of Captain John West, Colonel Samuel Matthews, Colonel Nathaniel Littleton, Colonel Argal Yeardley, Colonel Thomas Pettus, Colonel Humphrey Higginson, Colonel George Ludlow, Colonel William Barnett,[223:B] Captain Bridges Freeman, Captain Thomas Harwood, Major William Taylor, Captain Francis Eppes, and Lieutenant-Colonel John Cheesman. The governor, secretary, and council were to have such power and authorities to act from time to time as should be appointed and granted by the grand a.s.sembly.[223:C]

The government of the mother country was ent.i.tled "the States," as the United States are now styled in Canada. The act organizing the provisional government concludes with: "G.o.d save the Commonwealth of England, and this country of Virginia." The governor and councillors were allowed to be, ex-officio, members of the a.s.sembly. On the fifth day of May, this body, while claiming the right to appoint all officers for the colony, yet for the present, in token of their implicit confidence in the commissioners, referred all the appointments not already made to the governor and them. The administration of Virginia was now, for the first time, Puritan and Republican. The act authorizing the governor and council to appoint the colonial officers was renewed in the following year. The oath administered to the burgesses was: "You and every of you shall swear upon the holy Evangelist, and in the sight of G.o.d, to deliver your opinions faithfully and honestly, according to your best understanding and conscience, for the general good and prosperity of the country, and every particular member thereof, and to do your utmost endeavor to prosecute that without mingling with it any particular interest of any person or persons whatsoever."

The governor and members of the council were declared to be ent.i.tled to seats in the a.s.sembly, and were required to take the same oath. This a.s.sembly, which met on the 20th of April, 1652, appears to have sat about ten days. There were thirty-five burgesses present from twelve counties, namely: Henrico, Charles City, James City, Isle of Wight, Nansemond, (originally called Nansimum,) Lower Norfolk, Elizabeth City, Warwick, York, Northampton, Northumberland, and Gloucester--Lancaster not being represented.[224:A] Rappahannock County was formed from the upper part of Lancaster in 1656.

At the commencement of the ensuing session of the a.s.sembly, which met in October, 1652, Mr. John Hammond, returned a burgess from Isle of Wight County, was expelled from the a.s.sembly as being notoriously a scandalous person, and a frequent disturber of the peace of the country by libel and other illegal practices. He had pa.s.sed nineteen years in Virginia, and now retired to Maryland; he was the author of the pamphlet ent.i.tled "Leah and Rachel."[224:B] Mr. James Pyland, another burgess, returned from the same county, was expelled, and committed to answer such charges as should be brought against him as an abettor of Mr. Thomas Woodward, in his mutinous and rebellious declaration, and concerning his the said Mr. Pyland's blasphemous catechism. These offenders appear to have been of the royalist party.

In the year 1653 there were fourteen counties in Virginia, Surry being now mentioned for the first time, and the number of burgesses was thirty-four. The people living on the borders of the Appomattox River were authorized to hold courts, and to treat with the Indians. Colonel William Clayborne, Captain Henry Fleet, and Major Abram Wood were empowered to make discoveries to the west and south. In July, some difference occurred between the governor and council on the one side, and the house of burgesses on the other, relative to the election of speaker. The affair was amicably arranged, the governor's views being a.s.sented to. Bennet appears to have enjoyed the confidence of the Virginians. He was too generous to retaliate upon Sir William Berkley and the royalists who had formerly persecuted him. Some malecontents were punished for speaking disrespectfully of him, and refusing to pay the castle duties. From the charges brought against one of these, it appears that the Virginians considered themselves, under the articles of surrender, ent.i.tled to free trade with all the world, the navigation act to the contrary notwithstanding; and that act does not appear to have been enforced against Virginia during the Commonwealth of England.[225:A] By the articles of surrender the use of the prayer-book was permitted, with the consent of a majority of the people of the parish, for one year; so that it would seem that its use was prohibited after March 12th, 1653; but the prohibition was not enforced, and public wors.h.i.+p continued as before without interruption.[225:B] In April, 1653, Oliver Cromwell dissolved the Long Parliament, and in December, in the same year, a.s.sumed the office of Lord Protector of the Commonwealth of England, Scotland, and Ireland. Owing to the war with Holland, Sir William Berkley's departure from Virginia was delayed, and, in conformity with the articles of convention of 1651, he now became subject to arrest. But the a.s.sembly pa.s.sed an act, stating that as the war between England and Holland had prevented the confirmation of the convention of 1651, in England, or the coming of a s.h.i.+p out of Holland, and Sir William Berkley desiring a longer time, namely, eight months further, to procure a s.h.i.+p out of Flanders, in respect of the war with Holland, and that he should be exempted from impost duty on such tobacco as he should lade in her; "it is condescended that his request shall be granted." Some seditious disturbances having taken place in Northampton County, on the Eastern Sh.o.r.e, in which Edmund Scarburgh was a ringleader, it was found necessary for Governor Bennet, Secretary Clayborne, and a party of gentlemen, to repair thither for the purpose of restoring order. Roger Green, and others, living on the Nansemond River, received a grant of land on condition of their settling the country bordering on the Moratuck or Roanoke River,[226:A] and on the south side of the Chowan. Divers gentlemen requesting permission, were authorized, in 1653, to explore the mountains. The s.h.i.+p Leopoldus, of Dunkirk, was confiscated for the use of the Commonwealth of England, for violating the navigation act; and the proceeds, amounting to four hundred pounds sterling, were given to Colonel Samuel Matthews, agent for Virginia at the court of the Protector, Colonel William Clayborne, secretary, and other officers, in return for their services in the matter of the forfeited s.h.i.+p.

Captain Francis Yeardley, who has been mentioned before, was a son of Sir George Yeardley, some time governor of Virginia, and Lady Temperance, his wife, and was born in Virginia. A letter dated in May, 1654, was addressed by him to John Ferrar, at Little Gidding, in Huntingdons.h.i.+re, brother to Nicholas Ferrar, whose name is so honorably connected with the early annals of Virginia. The younger Yeardley describes the country as very fertile, flouris.h.i.+ng in all the exuberance of nature, abounding especially in the rich mulberry and vine, with a serene air and temperate clime, and rich in precious minerals. A young man engaged in the beaver trade having been accidentally separated from his own sloop, had obtained a small boat and provisions from Yeardley, and had gone with his party to Roanoke, at which island he hoped to find his vessel. He there fell in with a hunting party of Indians, and persuaded them and some of the other tribes, both in the island and on the mainland, to go back with him and make peace with the English. He brought some of these Indians with the great man, or chief of Roanoke, to Yeardley's house, which was probably on the Eastern Sh.o.r.e, where his father had lived before him. The Indians pa.s.sed a week at Yeardley's.

While there, the "great man" observing Yeardley's children reading and writing, inquired of him whether he would take his only son, and teach him "to speak out of the book, and make a writing." Yeardley a.s.sured him that he would willingly do so; and the chief at his departure expressing his strong desire to serve the G.o.d of the Englishmen, and his hope that his child might be brought up in the knowledge of the same, promised to bring him back again in four months. In the mean time Yeardley had been called away to Maryland; and the planters of the Eastern Sh.o.r.e suspecting, from the frequent visits and inquiries of the Indian, that Yeardley was carrying on some scheme for his own private advantage, were disposed to maltreat the chief. Upon one occasion, when Yeardley's wife had brought him to church with her, some over-busy justices of the peace, after sermon, threatened to whip him, and send him away. The "great man" being terrified, the lady taking him by the hand, resolutely stood forth in his defence, and pledged her whole property, as a guarantee, that no harm to the settlement was intended, or was likely to arise from the Indian's alliance. Upon Yeardley's return from Maryland, he dispatched, with his brother's a.s.sistance, a boat with six men, one being a carpenter, to build the great man an English house; and two hundred pounds for the purchase of Indian territory. The terms of the purchase were soon agreed upon, and Yeardley's people "paid for three great rivers and also all such others as they should like of, southerly." In due form they took possession of the country in the name of the Commonwealth of England, receiving as a symbol of its surrender, a turf of earth with an arrow shot into it. The territory thus given up by the Indians was a considerable part of what afterwards became the province of North Carolina. As soon as the natives had withdrawn from it to a region farther south, Yeardley built the great commander a handsome house, which he promised to fit up with English utensils and furniture.

Yeardley's people were introduced to the chief of the Tuscaroras, who received them courteously, and invited them to visit his country, of which he gave an attractive account; but his offer could not be accepted, owing to the illness of their interpreter. Upon the completion of his house, the Roanoke chief came, with the Tuscarora chief and forty-five others, to Yeardley's house, presented his wife and son and himself for baptism, and offered again the same symbol of the surrender of his whole country to Yeardley; and he in his turn tendering the same to the Commonwealth of England, prayed only "that his own property and pains might not be forgotten." The Indian child was presented to the minister before the congregation, and having been baptized in their presence, was left with Yeardley to be bred a Christian, "which G.o.d grant him grace (he prays) to become." The charges incurred by Yeardley in purchasing and taking possession of the country, had already amounted to three hundred pounds.[228:A]

At the meeting of the a.s.sembly in November, 1654, William Hatcher being convicted of having stigmatized Colonel Edward Hill, speaker of the house, as an atheist and blasphemer, (from which charges he had been before acquitted by the quarterly court,) was compelled to make acknowledgment of his offence, upon his knees, before Colonel Hill and the a.s.sembly. This Hatcher appears to have been a burgess of Henrico County in 1652. More than twenty years afterwards, in his old age, he was fined eight thousand pounds of pork, for the use of the king's soldiers, on account of alleged mutinous words uttered shortly after Bacon's rebellion.

Upon the dissolution of the Long Parliament and the establishment of the Protectorate, Lord Baltimore took measures to recover the absolute control of Maryland; and Stone, (who since June, 1652, had continued in the place of governor of Maryland,) in obedience to instructions received from his lords.h.i.+p, violated the terms of the agreement, which had been arranged with Bennet and Clayborne, acting in behalf of the Parliament, and set them at defiance. These commissioners having addressed a letter to Stone proposing an interview, he refused to accede to it, and gave it as his opinion, that they were "wolves in sheep's clothing." Bennet and Clayborne, claiming authority derived from his Highness the Lord Protector, seized the government of the province, and entrusted it to a board of ten commissioners.[229:A]

When Lord Baltimore received intelligence of this proceeding, he wrote to his deputy, (Stone,) reproaching him with cowardice, and peremptorily commanded him to recover the colony by force of arms. Stone and the Marylanders now accordingly fell to arms, and disarmed and plundered those that would not accept the oath of allegiance to Baltimore. The province contained, as has been mentioned before, among its inhabitants a good many emigrants from Virginia of Puritan principles, and these dwelt mainly on the banks of the Severn and the Patuxent, and on the Isle of Kent. They were disaffected to the proprietary government, and protested that they had removed to Maryland, under the express engagement with Governor Stone, that they should enjoy freedom of conscience, and be exempt from the obnoxious oath. These recusants now took up arms to defend themselves, and civil war raged in infant Maryland. Stone, to reduce the malecontents, embarking for Providence with his men, landed on the neck, at the mouth of the Severn. Here, on the 25th of March, 1654, he was attacked by the Protestant adherents of Bennet and Clayborne, and utterly defeated; the prisoners being nearly double of the number of the victors, twenty killed, many wounded, and "all the place strewed with Papist beads where they fled."

During the action, a New England vessel seized the boats, provision, and ammunition of the governor and his party. Among the prisoners was this functionary, who had been "shot in many places." Several of the prisoners were condemned to death by a court-martial; and four of the princ.i.p.al, one of them a councillor, were executed on the spot. Captain William Stone, likewise sentenced, owed his escape to the intercession of some women, and of some of Bennet and Clayborne's people.[229:B] John Hammond, (the same who had been, two years before, expelled from the Virginia a.s.sembly,) also one of the condemned, fled in disguise, and escaped to England in the s.h.i.+p Crescent. The master of this vessel was afterwards heavily fined by the Virginia a.s.sembly for carrying off Hammond without a pa.s.s. Of the four that were shot, three were Romanists; and the Jesuit fathers, hotly pursued, escaped to Virginia, where they inhabited a mean low hut.[230:A]

Thus Maryland became subject to the Protectorate. The administration of the Puritan commissioners was rigorous, and the Maryland a.s.sembly excluded Papists from the pale of religious freedom. Such were even Milton's views of toleration;[230:B] but Cromwell, the master-spirit of his age, soared higher, and commanded the commissioners "not to busy themselves about religion, but to settle the civil government." He addressed the following letter, dated at Whitehall, in January, 1654, to Richard Bennet, Esq., Governor of Virginia:--