Virginia under the Stuarts 1607-1688

by Thomas Jefferson Wertenbaker

The illegitimate influence of Berkeley over the Assembly was the more galling to the people inasmuch as they had no voice in local government. The justices of the peace, who exercised the most important powers in the counties, received their commissions, not by popular election, but by executive appointment. And the Governor, although often influenced in his selections by the advice of the Council, gave little heed to the wishes of the commons. His appointees were invariably men of means and influence, and could be relied upon to uphold the interests of the aristocracy and the Governor.

The justices were members of the county courts, and as such exercised judicial, executive and legislative functions in local affairs. The courts met every second month, and were empowered to settle cases involving not more than ten pounds sterling.[440] Individual justices could "try and determine any cause to the value of twenty shillings or two hundred pounds of tobacco".[441] Far more important was the power of the courts to impose direct taxes. The county levy was usually very heavy. In fact, during the Restoration period, it often exceeded the public levy voted by the Assembly. In Lower Norfolk county, during the years from 1666 to 1683, the local assessment amounted to 188,809 pounds of tobacco.[442] This sum seems to us now almost insignificant, but it proved a very real burden to the indigent freemen of that unhappy period. Yet perhaps the people would not have complained had the assessments been voted by a body elected by themselves or representative of their interests. They were bitterly angered, however, that they should be taxed without their own consent and against their wishes, by appointees of the Governor; and the sense of wrong was aggravated by the fact that the taxes were often voted by the courts in secret session, not without grave suspicions of abuses and fraud.[443] "It has been the custome," it was declared in the Surry grievances, "of the County Courts att the laying of the levy to withdraw into a private Roome by which the poor people not knowing for what they paid their levy did allways admire how their taxes could be so high."[444] "Wee desire," declared the people of the Isle of Wight, "to know for what wee doe pay our Leavies everie year and that it may noe more be layd in private."[445] From Charles City came the most startling charges of fraud and oppression. "The Commisoners or Justices of peace of this county," it was declared, "heretofore have illegally and unwarrantably taken upon them without our consent from time to time to impose, rayse, assess and levy what taxes, levies and imposicons upon us they have at any time thought good or best liked, great part of which they have converted to theire own use, as in bearing their expense at the ordinary, allowing themselves wages for severall businesses which ex officio they ought to do, and other wayes, as by account of the same on the booke for levies may appeare."[446] The people were even deprived, during Berkeley's second administration, of the right of electing the vestries. These bodies had always been composed of the foremost men in each parish. At this period they succeeded in shaking off entirely the control of the commons by themselves filling all vacancies in their ranks.[447] Since they exercised the power of imposing a tax to pay the ministers' salaries and meet other obligations of the parishes, this attempt to make themselves self-perpetuating was a matter of no little importance.[448] The people expressed their disapproval in the most emphatic terms, and after Bacon's Rebellion requests came from many counties that the vestrymen might be chosen, as formerly, by the whole body of parishioners.[449]

The unjust poll-tax, which was then used in the public, county and parish levies, was an unending source of discontent. There can be no doubt that it bore with too great weight upon the poor people. "They complain," wrote Gyles Bland, on the eve of the Rebellion, "that great Taxes are imposed upon them every yeare, by wayes very unequall, Laying them very heavily, by the Poll, whereby the Poorer sort are in the hardest Condition."[450] It must be remembered, however, that many of the servants and slaves were listed as tithables, or persons subject to the poll tax. This of course tended to increase the share of the wealthy. Yet the inequality was very real and the burden upon the poor very heavy. The number of tithables assessed of a man was by no means an accurate gage of his wealth. Later in the century, with the great influx of negro slaves, the burden upon the rich planters increased and became more nearly proportionate to their ability to pay.

Bland suggested that all inequality might be eliminated by adopting a land-tax. "Which," he said, "seems to be the most equal imposition and will generally take off the complaint of the people, although perhaps some of the richest sort will not like it, who hold greater proportions of land than they actually plant."[451] The King's commissioners also thought the land tax just, but considered it "impracticable there". When the people of Warwick county asked, "That all persons may be rated and taxed according to their Estates", the commissioners reported that this was "a thing to be wish'd but never to be granted them". If the King should command it, they knew not how it would be relished by the landed men, since the common usage had been always taxing by poll.[452]

The universal discontent was still further increased by the wasteful and lax use of public funds. The money which was wrung from the poor people by these unequal taxes, was seldom wisely or economically expended. Much was squandered upon foolish projects, costly in the extreme, and impossible of accomplishment. Such was the attempt to build a city at Jamestown. For many years it had been a matter of regret to the English government that Virginia should remain so entirely a rural country. Not realizing that this was but the result of exceptional economic conditions and not a sign of weakness or decay, they sought more than once to force the building of towns by legislative enactments. Thus, in 1662, in accordance with the King's wishes, the Assembly passed an act providing for the erection of thirty-two brick houses at Jamestown.[453] Each county was required to build one of these houses, a levy of thirty pounds of tobacco per poll being laid for that purpose. This attempt was foredoomed to failure, for if economic conditions could not develop cities in the colony, the mere erection of houses upon the unhealthful Jamestown peninsula could accomplish nothing. We learn from Bacon's Proceedings that the town at the time of the Rebellion consisted of "som 16 or 18 howses, ... and in them about a dozen families (for all the howses are not inhabited) getting their liveings by keeping ordnaries, at extraordnary rates". That there was corruption or inefficiency in carrying out the orders of the Assembly seems certain. The people of Isle of Wight county complained of "the great Quantities of Tobacco levyed for Building Houses of publick use and reception at Jamestown, which were not habitable, but fell downe before the Finishing of them".[454]

There were also accusations of laxness and fraud in the erecting and management of the public industrial plants. Very grievous taxes have been laid on the poor people, it was claimed, "for building work houses and stoare houses and other houses for the propogating & encouragem't of handicraft and manufactury, which were by our Burgesses to our great charge and burthen by their long and frequent sitting invented and proposed. Yet for want of due care the said houses were never finished or made useful, and the propagating & manufactury wholy in a short time neglected, and noe good ever effected ... save the particular profitt of the Undertakers, who (as is usually in such cases) were largely rewarded for thus defrauding us."[455]

Even more frequent and bitter complaints originated with the construction of forts upon the various rivers to protect the colony and the merchant ships from foreign foes. At the outbreak of the war of 1664 it was resolved to build a fortress at Jamestown. The ships' masters were not satisfied with the selection of this site, for obviously it afforded no protection to vessels trading upon the Potomac, York or Rappahannock, and very little to those upon the lower James. After one hundred pounds sterling had been expended at Jamestown, the structure partly completed and fourteen guns brought up, the merchants procured orders from the English government that the fort be transferred to Old Point. The Governor and Council were most reluctant to make this change, but the commands were so positive they dared not disobey. So the guns were conveyed back down the river and the work begun again. But many serious difficulties were encountered. "We have been at 70,000lb tobacco charge," wrote Thomas Ludwell in 1667, "and have lost several men in the worke and many of the materials by storms breaking our rafts whereon we float the timber to that place.... After all (we) were forced to quit the work as of impossible manage, for great were the difficulties, and so insupportable would the charge have been."[456] A few months after, when the Dutch captured the tobacco fleet in the mouth of the James, this fort seems to have been deserted. It was utterly destroyed by the great hurricane of the following August.

Thereupon it was decided to build five new forts, two on the James and one upon each of the other great rivers. The charges for these structures were to be borne entirely by the counties upon the rivers they were to defend. Whether from mismanagement or dishonesty large sums of money were expended in this undertaking with but little good effect. Berkeley wrote that the colony lacked the skill either to construct or maintain the forts, "We are at continuall charge," he declared, "to repaire unskilfull & inartificall buildings." The King's commissioners in 1677, testified that the forts were made of "mudd and dirt", and could be of little service against the enemy.[457] At the beginning of the Dutch war of 1672 the Assembly found them in poor condition and incapable of offering resistance to the enemy. "For as much," it was declared, "as the materials ... were not substantial or lasting, some have suffered an utter demolition, some very ruinous and some capable of repair." It was thereupon ordered that the forts be at once restored and authority was given for new taxes to cover the cost.[458]

One at least of the reconstructed forts proved of service in the hour of need, for it was under the guns of Nansemond that many of the merchantmen ran in July 1673, from the pursuing Dutch men-of-war. But the people could see in them only a pretext for increasing their taxes. And it was quite impossible to make them believe that such sums could be expended to so little purpose save by fraud or embezzlement. The Charles City commons declared that great quantities of tobacco had been raised for building forts "which were never finished but suffered to goe to ruine, the artillery buried in sand and spoyled with rust for want of care".[459] From James City county came the complaint that although heavy taxes had been paid for fortifications, there was in 1677 "noe Place of defence in ye Country sufficient to secure his Majestys Subjects against any Forreign Invasion". The King's commissioners substantiated this statement. "We are well assured," they said, "of the Truth of this Complaint, and doe know that the Forts erected could be of noe use, Endurance or defence.... Yet were they of great Expence to the People who paid Excessively for Building them."[460]

The Assembly had from time to time sought to make the merchants trading to Virginia aid in the defense of the colony, by imposing upon them Castle Duties, in the form of a toll of powder and shot. The masters had more than once complained of this duty, but as it was not very burdensome it was allowed to remain. Had all the ammunition thus received been used as intended by law, the people would have been saved great expense, and the forts made more serviceable. But the contributions, if we may believe the complaints of the people, were often stolen by the collectors. "Notwithstanding," said the Isle of Wight commons, "the great quantities of ammunition payd by ships for fort duties for the countries service ... wee are forced to provide powder and shott at our proper charges."[461] The Nansemond grievances were more explicit in their accusations of fraud. "They Complayne that the Castle duties, accustomed to be paid by the Masters of Shipps in Powder & Shott for the service and security of the Country, is now converted into Shoes and stockings &c. as best liketh the Collectors of it and disposed to their own private advantage."[462]