Virginia Under the Commonwealth; William and Mary College Quarterly, Vol. 1, No. 4, Pp. 189-196 Transcribed by Kathy Merrill for the USGenWeb Archives Special Collections Project ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net *********************************************************************** Virginia under the Commonwealth Lyon G. Tyler William and Mary College Quarterly Historical Papers, Vol. 1, No. 4 (Apr., 1893), pp. 189-196. Page 189. VIRGINIA UNDER THE COMMONWEALTH. BY THE EDITOR. Doyle says:(1) "The whole early history of Virginia loses its meaning unless we believe in the existence of two parties whose antecedents and interests led them to side, the one with the crown, the other with the Parliament. The easy and bloodless character of each change is explained, if we suppose that there was an intermediate body comparatively indifferent to the struggle of parties in England, anxious only to save Virginia from spoliation and bloodshed, and, for that end, willing to throw in their lot with the side whose success held out the speediest hopes of peace. There, too, is another con- sideration which helps to explain the moderation of the combatants. In England each party was exasperated by grevious wrongs, and hence its hour of triumph was also its hour of revenge. The struggle in Virginia was embittered by no such recollections." Loyal to the party in power, the Virginians passed severe laws against the non-conformists, and to question Charles II's right of succession was made high treason. The Editor found lately in the Northampton records the following: Mense, Decembr Ano, 1649. "A proclamation By the Commandr and Commissionrs of Accomacke: Whereas, it hath please Almighty God to suffer us to be deprived ________________________ (1) "English in America," page 283. Page 190. of our Late Dread Sovraigne of blessed memorye, wee the Command and Commissionrs of Accomacke doe by these presents proclayme Charles the undoubted Heyre of our Late Sovraigne of Blessed memorye, to bee King of England, Scotland, Ireland & Virginia And all other Remote Provinces & Collonyes, New England and the Caribda Islands. And all other Hereditamts and Indowmts belonginge unto our Late Sovraigne of blessed memorye. Willing and Requiringe all his Maties Lege people to acknowledge their Allegance And wth genrall consent & Applause pray God to bless Charles the Second, King of England, Scotland, ffrance, & Ireland, Virginia, New England, ye Caribda Islands. And soe God save Kinge Charles ye Second, Amen, Amen, Amen. Recordatr primo die mensis ffebru. Ano. 1649, p. me Edm: Mathewe, Clic Cur." During the next two years the fugitive Cavaliers poured by hundreds into Virginia. Col. Norwood and his companions were entertained(1) on the Eastern Shore by Col. Argall Yeardley, son of Sir George, and by Col. George Ludlow, who lived on "Temple-farm," at Wormeley's creek. One ship in 1649 brought over to Virginia three hundred Cavaliers(2), yet when the Virginians negotiated the surrender, in 1651, with the Parliamentary Commissioners, it was Col. Ludlow, the host of Norwood, who took the chief part, it appears, in arranging the terms of the capitulation.(3) Ludlow and Yeardley were both councillors under the Commonwealth. In Northampton, the people signed a paper, which ran as follows: "The engagemt tendered to ye Inhabitants of Northampton County Eleventh of March, 1651. Wee whose names are subscribed doe hereby engage and promise to bee true & faithful to ye Commonwealth of England, as it is now established without king or house of llords." Beverley says that the surrender was effected by the Parliamentary Commissioners seizing a parcel of goods which belonged to two of the Council. Soon after this the people of Northampton met and elected a commttee to draft "a protest" against the taxes imposed upon them. And this paper read as follows: __________________________ (1) Cooke. (2) Ib. (3) George Ludlow, of Virginia, was a cousin of the regicide. Gen. Edmund Ludlow, who says: "This news [that of the surrender of the Barbadoes to the Parliament] being brought to Virginia they submitted also, where one Mr. George Ludlow, a relation of mine, served the Paliament in the like manner, as Colonel Middleford had one at the Barbadoes." Ludlow's "Memoir,", p. 166. Page 191. The xxxth of March, Ano, 1652. Wee whose names are und written this daye made choyce of by the Inhabitants of Northampton Countie in Virginnina to give Informacons and Instruccons to ye gent Ellected Burgesses for this prsent Grand Assemblie (in relacon to such matters as conduce to our peace & saftie). And for ye Redresse of those agreevances wch (att prsent) wee are ca- pable & sensible of in our Countie of Northampton. Imprmis. Wee the Inhabitants of Northampton Countie doe complayne that from tyme to tyme (pticular yeares past) wee have have submitted & bine obedient unto the paymt of publeq Taxacons. Butt after ye yeare 1647, since yt tyme wee Conceive & have found that ye taxes were very weightie. But in a more espetiall manner (undr favor) wee are very sensible of the Taxacon of fforty sixe pounds of tobacco p. poll (this prsent yeare). And desire yt ye same bee taken off ye charge of ye Countie; furthermore wee alleadge that after 1647, wee did understand & suppose or Countie of Northampton to bee disioynted & sequestred from ye rest of Virginia. Therefore that Llawe wch requireth & in- ioyneth Taxacons from us To bee Arbitrarye & illegall: fforasmuch as wee had neither sumons for Ellecon of Burgesses not voyce in their Assemblye (duringe the time aforesd) but only the Singulr Burgess in Septem.Ano., 1651. Wee conceive that wee may Lawfullie ptest agt the pceedings in the Act of Assemblie for publiq Taxacons wch have relacon to Northmton Countie since ye year 1647. The Gent who are (att prsent) to speake in our behalfe can suf- ficiently declare what is necessary to bee expressed to this effect wch wee referr to them. Our desire is that there may bee an Annual Choyce of Magistrates in Northmton. And, if our Countie maye not have ye privilege of a peculir govrmt & propriety (att prsent) granted wth in our prcincts that then you Request and plead that all Causes, Suite or Tryalls (of what nature soevr) maye bee comenced, (for future tyme) determined in our sd Countie of Northampton. 3. If there bee a free & genrall vote for a Governor wherein they shall Ellect Mr. Richard Bennett Wee the inhabitants of Northampton Countie wth unanimous consent & plenary aprobacon Rendr our voyce for the sd Esq. Bennett. The people doe further desire that ye Taxacon for ffortie sixe pounds of tobac a heead maye not bee collected by the Sheriffe (until answr of the questions from the Grand Assemblie nowe sumoned.) Witness our handes subscribed the day & yeare aforesd. Stephen Charlton Wm Whitington Llevyne Denwood Jno Ellis Jno Nutball Steph Horsey Recordatr Decimo die Mense May, 1652, p. me Edm: Mathewe, Clic Cur. Events the next few months, however, only aggravated the complaint. On the 13th June, 1652, Richard Husband, master of the ship "Hopeful Adventure" seized the ship of Mr. Walter Chiles, "who on January 24, 1651-2 had sett sayle with his Page 192. owne shipp" called the "Fame of Virginia," to Rotterdam and was "in the Roade of Accomac" on the return to James City when the said Husband came up. Husband's pretext was that Chiles had no license from the Parliament and was bound with cargo to Brazil. Chiles petitioned the Court of Northampton for relief, maintaining that the seizure was "contrary to ye peace of this countrye. And also coutry to ye agreemt made by ye comrs that were appointed by ye keeprs of the Libertyes of England and to ye damage of ye petr towe thousands pounds sterl." The Court, thereupon, ordered Husband to restore the ship and cargo, the seizure of which was pronounced "contrary to the treaty with the Parliamentary Comrs." But Husband sailed away with his prize and the Court ordered such writings to be dispatched "as may be necessary to prosecute Husband before the Honble State of England." The next year (in June 1653), Thomas Harmanson,(1) aged 22 years and Dr. John Severne, aged 19, testified that some of the inhabitants of Northampton had met in Dr. George Hack's(2) old field where Capt. Tho. Johnson read them an order of Court, which caused Stephen Horsey to call the Comrs "a company of asses and villyans." This was represented to the General Assembly as "a revolt from the Right Hoble Parliamt" instigated by Stephen Horsey. And, thereupon, that body in July, 1653, appointed a committee to proceed to the Eastern Shore to deal out condign punishment to "delinquents there according to their demerits." At the same time "all subscribers of that writing called a protest" were disabled from bearing any office, including "Left. Col. Edmund Scarburgh," who was charged with being "an assistant and instrument concerning the subscribing of the same." All this was done in disregard of "the humble peticon of part of ye Inhabitants of Northampton County," which denied the charge of revolt and declared that the dis- turbance in the County was due to the "rumr that a greate sume of money was to be raised" by the Commissioners "in order to satisfye for a shipp taken hence _____________ (1) An Act of Assembly naturalizing Thomas Harmanson, "a German born in the Dominion of Brandedburg but now an inhabitant in Northampton Co., professing the Protestant religion." Dated 24. Oct. 1684 -- "Northampton Co. Records." (2) George Hacke was born in 1623, "practicionr in Phisicke, a high German born in ye City of Collyne undr the Palatinate." -- Ibid. Page 193. by Capt. Richard Husband and consigned by the Court unto Mr Walter Chiles."(1) The order prohibiting the subscribers of the protest from bearing any office in this country and disabling Lt. Coll. Scarburgh was reversed, 16 March, 1658.(2) The existence, however, of an element of disaffection against the Parliament appears in another quarter. In Northumberland County, the Editor found the following: 21st Nov. 1653. "Whereas Mrs. Mary Calvert hath confessed in Court that shee hath called ye States and ye keepers of ye liberty of England Rogues traytors and Rebells in Mr Nicholas Morris his house Shee saith at ye time of speaking such words Shee was in greate danger of her life beeing taken away by her husband & shee spoke those words to no other end but only to have some magistrate or officer to secure her from her husband the Court doth therefore, order that ye sd Mrs. Calvert shall presently receave thirty stripes upon her shoulders for this her offence. Yet not- withstanding upon Mr Calver's peticon in behalfe of his wife the Court doth order that said Mr Calvert shall pay upon all demands to ye rest of ye County one Thousand poundes of Tobacco & caske for ye comuteing of ye corporal punishment to be inflicted upon his sd wife with charges of Court else execucon." When Richard Cromwell was proclaimed by the Privy Council, Major Joseph Croshaw,(3) who sat in the House of Burgesses from York County and was a Justice, showed signs of disaffection. In the York Co. records is the following: "Whereas Joseph Croshaw hath disputed and questioned the pres- ent authority which was appointed and fixed by order of the Lords of the Councell of State This his prsumption being & tending much to ye breach and detriment of the Peace of this our Colony I having seriously considered the dangerous consequences of such practices thought it meet and convenient to Suspend the said Croshaw from acting anything as formerly in relation to a Justice of Peace until such time that hee hath given a cleare testimony unto ye Court of the Con- trary faile not hereof as you shall answear ye contrary at your perill Given under my hand this 16th of July 1759. SAMUEL MATHEWES. To ye Comrs of Yorke County Reade in Court 24 August 1659 & yen Recorded the said Majr Croshaw being present Superscribed: To the worpl the Comrs of York County Court this ___________ (1) See Northampton Co. Records and "Hening's Statutes." (2) "Hening's Stat." i. 880. (3) His daughter Unity, married Col. John West, son of Capt. John West, Lord Delaware's brother. Page 194. Mathews, the Governor was the old planter described by an early writer, "as a most deserving Commonwealth's man, who kept a good house, lived bravely and was a true lover of Virginia;" yet he had not hesitated when the King's star was in the ascendant "to banish and clap into prison" the Independents who congregated in Virginia. After the resignation of Richard Cromwell and the death of Mathewes, Sir William Berkeley was elected Governor by the Assembly. The ex- travagant claims of Beverley that Berkeley forthwith proclaimed Charles II and caused all process to be issued in his name has now been generally discredited. All parties in the Colony seem to have united in Berkeley's recall and it was enacted that "the supreame power of the Government of this country shall be resident in the Assembly and that all writts issue in the name of the Grand Assembly of Virginia." It was perfectly consonant with the thought in Virginia during this period that Col. Richard Lee should be accounted in 1684, "faithful and useful to the interests of the Commonwealth," and at another time, should wait on King Charles at Breda and invite him over to Virginia. In the York Records I found the names of Berkeley's Councillors and first after the name of Berkeley was the name of the so-called Roundhead, Ex-Governor, Richard Bennett, one of the Parliamentary Commissioners. Att a Quarter Court held att James Citty 27th of March, 1660: Prst -- Sr Wm Berkeley, Knt Governr Mr Richard Bennett, Lt Coll. John Walker, Mr Thomas Pettus,(1) Lt. Coll. George Reade, Coll Henry Browne, Lt Coll. Edward Carter, Coll. Francis Morrison.(2) Esqres. _______________ (1) His widow was Mrs. Mourning Pettus, who married Col. James Bray. (2) According to depositions (recorded in Elizabeth City County Court 19 June, 1699) of Rachel Viscountess Dowager of Faukland, aged about 60 years, of Edward Morryson and the inhabitants of "B'pps Waltham," Col. Francis Morryson, was son of Sir Richard Morryson who had 1. Sir Henry, died, s.p. (2). Richard, who had Col. Charles who lived in Virginia, but died of the small-pox at Plymouth. (3) Erancis left Henry his eldest son, at this time (1698) "Lt. Coll. in ye Lord Cutts' regimt of ffoot guards." (4) Robert, (5) Fures (?) (6) a daughter who married Lord Falkland, father of Harry Lord of Falkland, who married Rachel, the deponent. A recorded extract, attested by meredith Reynolds, curate, and Robert Harris, clerk, from the register book of B'pps Waltham, states Page 195. On the other hand, Croshaw the magistrate of York County, suspended by Matthews for contumacy in July, 1659, was sitting again in the House of Burgesses in March following, and on the Bench in April following. The Burgesses of York, mentioned in the levies, appear to have been chosen indiscriminately from all parties. The members from all the counties were chosen during this time, as before, from the County Bench; and in the York delegation we note that the royalist, Croshaw, sat side by side with the Quaker, Bushrod, who in his will several years later wanted "no common prayers" said at his grave.(1) [Burgesses' charges] Levy of 1657 [lb tobacco.] Coll. George Reade 03000 Capt. Ralph Langley 03000 Mr John Page 01000 Mr Armiger Wade 02800 Levy of 1658. Mr Jerom Ham, wth ca 04730 Majr James Goodwin -- 4,300: and ca. 400 04730 Mr Robt Bourne wth ca 04730 Mr William Hay, wth ca 04730 Levy of 1659. Mr Nathaniel Bacon -- 2,090, ca. 150 02240 Majr Joseph Croshaw -- 2,315, ca. 170 02485 Mr Wm Hay -- 2,315, ca. 170 02485 Mr Tho. Bushrod -- 2,315, ca. 170 02485 Levy of 1660. Coll. Calthorp -- 3000, ca. 249 03240 Mr Bacon -- 4,555, ca. 364 04919 Mr Baldry -- 4,500, ca. 360 04860 Majr Croshaw -- 4,500, ca. 360 04880 Mr Thos Bushrod, being returned Burgess -- 1,015; c. 80 01095 King Charles II was proclaimed in England in May, 1660. But the following extract indicates that the restoration of his authority was recognized in Virginia in September, 1660, for the first time: ________________ that Henry, son of Francis Morryson, "Late of B'pps Waltham in ye County of South'ton Esq." was born Oct. 21, 1669 -- Elizabeth City Co. Records. (1) See Oct. No. of Quarterly. Page 196. By his Maeyes Governr and Capt. Generall of Virginia: Itt is thought fitt & accordingly ordered for the speedy & better dispatch of all Affaires tending to the peace and welfare of this collony and the Inhabitanes yereof that all officers whatever within this Coun- trey doe remain & continue wiyin their severall offices until furyer Order to ye contrary. And, forasmuch as it hay pleased Almighty God to Invest our most Gratious Soveraigne, Charles the Second, King of England, Scotland, ffrance, &Ireland In the dominions & just Rights of his royall ffayer of Ever Sacred Memory. These are, therefore, In his Matyes Name strictly to chardge and command you and every of you fforthwiy to cause the said King to be proclaimed in every of ye respective Coun- ties and that all Writts and warrants from henceforth Issue in his Maiestyes name Hereof faile not as you will answear ye contrary at yor uttermost perill. Given at James Citty under my hand this 20th of Septembr, sixteen hundred and sixty. WILLIAM BERKELEY. To the Sherr and other cheife officers of York County. Recr 20, Octobr 1660. It took time then to get news from England, and it is certain that the fact of Charles' "return to his own" was not known in Virginia till the date of the above proclamation. The Colony had been the asylum of many fugitive loyalists, and doubtless the people had become heartily tired of the unsettled state of things. Therefore, Col. Claiborne, the Secretary of State, was "fetched" in haste from West Point where he resided, and at Jamestown, music, drinking, and the firing of guns were the order of the day. This is the evidence of the York Co. levy for 1660: "To Edward Ramsey presst to fetch Col. Claiborne 00100 To Jno. Peteet, p his Boat for Collo Claiborne 00100 Att the proclaiming of his sacred Maisty: To ye Hoble Govnr p a barrell powdr, 112 lb 00996 To Capt ffox, six cases of drams 00900 To Capt ffox for his great gunnes 00500 To Mr Philip Malory(1) 00500 To ye trumpeters 00800 To Mr Hansford, 176 Gallons Sydr at 15 & 35 gall. at 20, caske 264 03604 ________________ (1) A prominent divine in the Colony who officiated as minister at the last two assemblies. "Henning's Stats." His wife was Catherine Mallory sister of William, Thomas and Henry Batt, sons of Robert Batt, Vice-Master of University College, Oxford, who were also residents of the Colony. In a grant dated April 29, 1668, to Thomas and Henry, Batt, sons of