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]