CHAPTER XXXI.
1673-1675.
Acts of Assembly—The Northern Neck—Earl of Arlington—Threatened Revolt in 1674—Agents sent to England to solicit a Revocation of the Grants of Territory and to obtain a Charter—The effort fruitless.
The acts of a session were headed as follows: "At a Grand Assembly holden at James City, by prorogation from the 24th day of September, 1672, to the 20th of October, Annoque Regni Regis Caroli Secundi Dei Gratia Angliæ, Scotiæ, Franciæ et Hiberniæ, Regis, fidei Defensoris, &c., Anno Domini 1673. To the glory of Almighty God and public weal, of this his majesty's colony of Virginia, were enacted as followeth."
Provision was made during this year for a supply of arms and ammunition. The commissioners appointed for determining the boundaries of the Counties of Northumberland and Lancaster were Colonel John Washington, Captain John Lee, Captain William Traverse, William Mosely, and Robert Beverley.
The restoration, that worst of all governments, re-established an arbitrary and oppressive administration in Virginia in church and state; and as soon as reinstated, tyranny, confident of its power, rioted in wanton and unbridled license.
The grant which had been made by Charles the Second in the first year of his reign, dated at St. Germain en Laye, of the Northern Neck, including four counties and a half, to Lord Hopton, the Earl of St. Albans, Lord Culpepper, etc., was surrendered, in May, 1671, to the crown, and new letters-patent were issued, with some alterations, to the Earl of St. Albans, Lord Berkley, Sir William Morton, and others,—to hold the same forever, paying annually the quit-rent of six pounds thirteen shillings and four pence to his majesty and his successors. In February, 1673, the king granted to the Earl of Arlington and Thomas, Lord Culpepper, the entire territory of Virginia, not merely the wild lands, but private plantations long settled and improved, for the term of thirty-one years, at the yearly rent of forty shillings. The patents entitled them to all rents and escheats, with power to convey all vacant lands, nominate sheriffs, escheators, surveyors, etc., present to all churches and endow them with lands, to form counties, parishes, etc. Although the grants to these noblemen were limited to a term of years, yet they were preposterously and illegally authorized to make conveyances in fee simple.[275:A]
Henry Bennet, Earl of Arlington, said to have been the best bred person at court, like his master, as far as he had any pretension whatever to religion, was a disguised Papist. He became allied to the monarch as father-in-law to the first Duke of Grafton, the king's son by Lady Castlemaine. Arlington had received, while fighting on the royal side in the civil war, a wound on the nose, the scar of which was covered with a black patch. Barbara Villiers, only daughter of William, Viscount Grandison, and wife of Roger Palmer, created Earl of Castlemaine in 1661, distinguished for her beauty and her profligacy, becoming mistress to Charles at his restoration, was made, in 1670, Duchess of Cleveland. Henry Bennet was created Baron of Arlington in 1663, and Viscount Hetford and Earl of Arlington in 1672. He was also Knight of the Garter and chamberlain to the king, his chief favorite, companion in profligate pleasure, and political adviser. He and Culpepper were members of the commission of trade and plantations.
The Virginians grew so impatient under their accumulated grievances that a revolt was near bursting forth in 1674, but no person of note taking the lead, it was suppressed by the advice of "some discreet persons," and the insurgents were persuaded to disperse in compliance with the governor's proclamation. The movement was not entirely ineffectual, for justices of the peace were prohibited from levying any more taxes for their own emolument.[275:B] The assembly determined to make an humble address "to his sacred majesty," praying for a revocation of the fore-mentioned grants of her territory, and for a confirmation of the rights and privileges of the colony. Francis Morrison, Thomas Ludwell, and Robert Smith were appointed agents to visit England and lay their complaints before the king; and their expenses were provided for by onerous taxes, which fell heaviest on the poorer class of people. These expenses included douceurs to be given to courtiers; for without money nothing could be effected at the venal court of Charles the Second.[276:A] Besides the revocation of the patents, the Virginia agents were instructed to endeavor to obtain a new charter for the colony. They prayed "that Virginia shall no more be transferred in parcels to individuals, but may remain forever dependent on the crown of England; that the public officers should be obliged to reside within the colony; that no tax shall be laid on the inhabitants except by the assembly." This petition affords a curious commentary on the panegyrics then but recently lavished by "his majesty's most loyal colony" upon his "most sacred majesty," who repaid their fervid loyalty by an unrelenting system of oppression. The negotiations were long, and display evidence of signal diplomatic ability, together with elevated and patriotic views of colonial rights and constitutional freedom. After many evasions and much delay, the mission eventually proved fruitless.[276:B] Application was also made to Secretary Coventry to secure the place of governor to Sir William Berkley for life.
FOOTNOTES:
[275:A] Hening, ii. 519.
[275:B] Ibid., ii. 315.
[276:A] Account of Bacon's Rebellion in Va. Gazette, 1766.
[276:B] Hening, ii. 518, 531.
