Having alienated the Councillors and other influential men by striking at their pocketbooks, Nicholson proceeded to cross swords with another influential group—the vestrymen. The Virginia clergymen had long complained of the insecurity of their tenure, for the vestries who appointed them claimed the right also of dismissing them when they proved unsatisfactory. "They are to their vestries in the nature of hired servants, agreed with from year to year, and dismissed ... without any crime proved or so much as alleged against them," Commissary Blair complained.
Claiming that whenever a vestry failed to present their minister to him for induction, he had the right to fix him on them for life by collation, Nicholson appealed to Sir Edward Northey, Attorney General of England. Northey's opinion supported him fully, and in triumph the Governor sent copies to all the vestries. But he met with one rebuff after another. We "do not think it proper, neither are we willing to make presentation for induction," replied one vestry. Another declared that the word induction sounded very harsh in their ears, and as for collation they hoped the Governor would not try it. And Nicholson, realizing that, if he should, the vestry would refuse to pay his appointee his salary and so starve him out, was forced to let the matter drop.
Despite his efforts for the clergy, the Governor managed to change the friendship of the man who was so largely responsible for his appointment into bitter hatred. Blair turned against him because he took over many functions rightly belonging to the Commissary and tried to make himself head of the Church. "He has invaded almost all ... parts of the ecclesiastical jurisdiction," Blair complained, "such as convoking the clergy, ... appearing himself in their meetings and proposing the subject matter of their consultations, ... requiring of some ministers canonical obedience to himself as their bishop, taking upon himself to turn out ministers."[4]
This was followed by an attempt to take out of the hands of the Councillors the control of the military forces of the colony. In the summer of 1701, when England was on the verge of war with France, word reached Virginia that a French fleet was preparing to sail for the West Indies. Claiming that there was danger that they might attack Virginia, "being an open and defenseless country," Nicholson organized a new force to resist them. He ordered the captains of militia to pick out every fifth man in their companies, "being persons young, brisk, fit, and able to go out to war," and organize them into bands of thirty, mounted and fully equipped.[5]
Thus the militia, who were largely under the command of members of the Council, were to be superseded by a new force under Nicholson himself. The people became alarmed when it was rumored that he was trying to persuade the English government to keep a standing army in America with himself as Captain General. If he succeeds, men told each other, we may as well bid goodbye to liberty, for then he will carry out his threats of taking and arming all our servants, of bringing the Burgesses with ropes about the necks, and daring the Assembly to "deny him anything."[6]
When the war with France began and the attack fell, not on Virginia, but on New York, King William asked the Assembly to give financial aid. But the Burgesses refused, pointing out that they needed all their resources to protect their own exposed frontier. It is possible that it was because this answer interfered with his own ambition that it was so displeasing to Nicholson. His Majesty should signify his resentment and order the Burgesses on their allegiance to comply, he thought, "and I hope in God that they will then" do so.[7] Losing his temper, as he always did when opposed, he threatened to draft men, even members of the House, on his own authority and send them to fight in New York. Much more to his credit was his action in advancing £900 to New York out of his own pocket.
It is probable that Nicholson, when he had cooled off, had no real intention of carrying out his threats against the Burgesses, but he did try to control them by a brazen use of the patronage. Of twenty-two sheriffs whom he appointed in June, 1699, no less than sixteen were Burgesses. Ignoring the advice of the Council, he put men in or turned them out as they voted as he directed. During one session of the Assembly, when seven of the Burgesses were county clerks, he had seven blank commissions made out and placed in the Secretary's office where all could see them. Then he spread the report that any or all of the clerks who proved to be "bad boys" were to be dismissed and the commissions given to those who behaved better.[8]
"Are not all the places of profit in the hands of the Governor?" it was asked.[9] The sheriff of King and Queen County was arbitrarily removed when he was busy collecting the poll tax. If it happened that one of Nicholson's favorites was legally ineligible for an office he would give him a blank commission and tell him to fill it in with the name of a relative or friend, or even to sell it. Colonel John West was stated to have sold a sheriff's commission for 8,000 pounds of tobacco.[10]
The members of the House who were deaf to his threats and promises, the Governor tried to wheedle. "We have a way of treating three days in a week all the Assembly time," said Harrison, "where some of the House constantly attend to get their bellies full of victuals and too many times their heads full of strong drink."[11]
Fearing that even such measures would not avail if a hostile House were returned, the Governor interfered actively in the elections. "We have had an election of Burgesses ... in which there hath been ... promises, threats, spreading scandalous reports ... browbeating ... and what not," Philip Ludwell, Junior, wrote his father. Nicholson had been in Charles City County to oppose the election of Benjamin Harrison, promising sheriff's and clerk's places to some and threatening others. "Having rid all through Charles City, from house to house, he went to Surry." Here he commanded the sheriff to draw up a list of those who spoke ill of Major Allen, the candidate he favored. When Major Thomas Swan was elected, he forbade the sheriff "at his peril" to return him. And he told the sheriff of James City County that he could not serve two masters, and if Benjamin Harrison were chosen, he need never expect any more favors from him.[12]