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That soon after Colonel Nicholson was made Governor
of Virginia the Deponent being at M^r Commissary Blairs
with the said Colonel Nicholson with Severall others, the said
Colonel Nicholson went out after Supper into the Garden
with Colonel Jennings, and there fell out with him into a
very Loud and outragious passion using, to the best of
the Deponents remembrance, the vile names of pitifull
Rogue, Rascall, Thief &c and withall threatned to kick
him. The Deponent further saith that some time after
being alone with the said Colonel Nicholson he took the
freedome to tell him, that he (the Deponent) was sorry
and concernd to hear his Severe usage in ill names and
threatnings to Colonel Jennings a Gentleman of good—
family, and one of the Councill. He took particularly—
notice to him of the indignity of his calling the said Coll^l:
Jennings a Thief, upon which friendly and humble ad-
monition of the Deponent, He (the said Colonel Nicholson)
was so far from regretting his unworthy usage to Colonel
Jennings, that he continued his threatnings against him
and justified particularly his calling him a Thief.

The Deponent further saith that once on a Sunday the
said Colonel Nicholson call'd (in his way to Kikotan at
the house of the Deponent about five of the Clock at night
and kept him walking to and again without going in
a doors and entertaining him for near six hours together
with a furious discourse of his designs of revenge against
his Mistress's father, Brother and other Relations that—
were, he thought, against his match, swearing that his
suite must end in blood, that he would have satisfaction
of Major Burwell (his Mistress's father) and a great
deal more to the same purpose, When as a Minister
and a friend whom he had not then yet personally abusedb
the Deponent endeavoured to pacify his mind towards
Major Burwell and others as having given him no
just cause of such resentments and desired him as a
Christian to reflect seriously upon the Sinfulness of his
bloody designs and resolutions, and the ill consequences
of them (if he put them in execution) as to his worldly in-
terest and reputation in England and Virginia, all that
the Deponent could say to that purpose was in vain
and without effect.

The Deponent further saith that waiting once upon
him (the said Colonel Nicholson) with one M^r Shropshire
(a Clargyman who was lately turn'd out of his Parish
by some leading men of the Vestry without any just
cause) to beg the favour of him to recommend him to
Blissland parish, where he had made some interest and
had no Competitour; he not only refused it him in very rough
terms but made him also understand that he would oppose
his being received there; Upon which M^r Shropshire intreating
him further that he would then give him leave to make ap-
plication to some of the Parishes that were become vacant
by the death of their Ministers lately deceased and whom
he named to him: what do you, saith he, talk to me of this,
and the other Minister being dead? I wish there were fourty—
of you dead, The Quakers are in the right, You are all hire-
lings upon which bitter and untrue reflection having ob-
served to him that we did not expect that name from him
for taking the moderate Salary the Law allowed us, We
took our Leave and went away wondering betwixt our-
selves how we and the World had been imposed upon by
his pretended zeale for the Church and Clergy.

The Deponent further saith that once at a Meeting of
the Governors of the Colledge Colonel Nicholson fell abrupt-
ly, nobody knew why, into a fit of passion and cursing
against some Gentlewoman, which thô he did not name,
were understood to be the Wives of Some of the Company:
calling them Jades, Whores and Bitches; And then im-
mediately shifting the Scene from the absent Wives to
the present Husbands and others, he told us we were Brutes
and understood not manners, that he knew to Govern the
Moors, That he would beat us into better manners, and make
us feel that he was Governor of Virginia. Four of the—
Company were of the Councill, and the rest some of the
cheifest men of the Country, except the Deponent; At this
all the Company was amazed and Silent, not knowing
what to make of that mad furious distracted Speech.

The Deponent saith further that he hath heard Colonel
Nicholson say and threaten that he would Seize the Colledge for
the Kings use.

The Deponent further saith that the first cause of Colon^ll:
Nicholson's falling out with him appeared to be a Suspicion
that the Deponent, by Letters ^had given information to my Lord
of London and my Lord Archbishop of his Strange behaviour
and carriage in the Government; without any proofs but his
Suspicion. He fell out once into a very great passion against
the Deponent upon that Account: And all the Protestations
the Deponent could make to the contrary, did not pacifie
him, but from that time he continued full of resentment
against him.

The Deponent further saith that being once invited
with many other friends to dinner by Colonel Ludwell
Jun^r he called in his way thither, at a friend's house where
he met M^r Commissary Blair, who being in a little time
after sent for by the Governor the Deponent went with him.
When they came near him, he called M^r Blair to him aside
and in a very little time after they were walking together, the
Deponent heard him very loud (as he is always when in passion)
for near an hour together. At last he dismiss'd M^r. Blair,
who being asked afterwards by the Deponent what might
be the reason of the Governor's Anger, answered that the—
subject of the Governors loud discourse with him was of
that consequence to him (the Deponent) that he thought
himself in Conscience obliged to acquaint him with it. Why,
saith he, ^he hath sworn severall times to me that he will cut
the Throats of Three men (if his Mistriss be married to another
besides himself) viz^t. the Bridegroom, the Minister and the
Justice of Peace that shall give the Licence. Now this dreadfull
threatning concerns you, not only as you are the Minister
of the Parish where his Mistriss liveth, But also upon the
account of your being the Governors Rivall, as he hath now
a jealousy of it.

This I ^soon found to be true indeed by experience; for 't'was not
long after this, that one the first Sunday in March 1701/2 Colonel
Nicholson waylaid me as I was com-ing at night from
Major Burwell, who was then very sick. As I came near
the place where he was at some distance from the Rode in
the wood, he came out toward me and being about 20. or 30.
yards from me, he call'd me, and at the same time made
towards me as I did towards him. When we came near
one another, he accosted me with a very angry look very
abruptly in these very words (raising his voice to a perfect
vociferation) I command you in the Kings name and upon
your Canonical obedience, as I am your Bishop, not to goe
to that house (pointing at Major Burwells house) except
you be sent for, nor to speake to the young Lady: Why S^r said
I. being frighted and much amazed, what is the matter?
Does your Excellency take me for your Rivall? I can assure
you S^r I have not that foolish presumption to think to be
preferr'd to your Excellency. I never spoke or acted any
thing that could justly give you any such jealousy: hold—
your prate Sirrah saith he to me. I have taken good notice
of you, you are an impudent rogue, a Villain a Rascall, you
are now insolent and proud, but I'le humble you and bring
down your haughtiness. When you came hither you had
more raggs than baggs. I answered some thing to this pur-
pose; That if I had been formerly as poor as he was pleased
to say, it was no shame to have been poor, and that it was
nothing to his ill usage to me, and that whatever my circum-
stances might now be they had been better if I had been less
Zealous for his Service. Upon this he renewed his opprobrious
names of impudent Rascall Skundrell &c And as we were
riding along together, he turned Short upon me, laid hold
of my hatt and pull'd it off my head and asked me how I
had the Impudence to ride with him having my hatt on?, I
replyed something to this purpose, that I hoped he would not
use me like a footman. After some more words to the same purpose
he gave me my hat again, and told me that I had heard his
commands and that he expected to be obeyed, S^r said I
I must obey your Excellency; but I think you Excellency
would do better to turn me out of the Parish, and indeed out of
your Government then to command me not to do that which is
my Duty to do, viz^t to visit the Sick of my Parish, And seeing
the Case is thus let me tell your Excellency, If you please to have a
little patience with me, I will I assure your Excellency go out
of the Country with this Fleet and so obey your Commands most
effectually. he told me he would be glad to see it. A little time
after he Spoke thus to me, or words to this effect. Is it not a Shame
for one of your function to suffer me to be ridiculed and railed
at in some Companies where I know you have been? Is it not
your Duty to reprove them? To the best of my remembrance he
gave me also a hint that I should have acquainted him with it.
To this I replyed, some thing to this purpose; That he mistook
me if he had taken me for an Informer, As for reproving ^of them
that I was not Sensible wherein I had been wanting to my duty,
and then I told him (as far as I can remember) that the best way
for him to avoid ^the being ridiculed, and ill Spoken of, was for his
Excellency to take care that his behaviour and Actions in his
Government were such as did not expose him to the Odium and
contempt of the Country. That the King of France himself with
all his absolute power could not hinder many in his Kingdom
from Speaking ill of him. But seeing your Excellency is plea-
sed to make me mindfull of my Duty to reprove the Evill I see
done in my presence, I must make bold to reprove your Excell^y:
for using at this rate in the highway, in the woods, and in the
night, and on a Sunday, a Clergyman coming from visiting
the Sick of his Parish. This sort of usage is not agreeable I must
needs say to the Character of a Zealous Son of the Church.
To this, as I remember, he replyed nothing particularly; But
continuing on our way and he in his passion upon some—
answers I made him and some hints I gave him, that I had
deserved better usage from him, he gave me over again
the base names of Rascall &c and added that of Banditi
and four several times ran with his horse towards me to
lay hold of me as I thought, threatning with all once to lash
and drub me as a Villian and a rogue as he said I was; I
took good care being well mounted to avoid his laying hold
of me; but being frighted by his threatnings and considering
that we were alone in the night, and that he had his—
Pistolls and Swords, and having often heard that he killed
a man (whither it be true or no, I do not say) I ran away
from him as fast as my horse would carry me, and took a
special care afterwards never to meet or be with him
alone again.

When upon my coming away from Virginia I
waited upon Colonel Nicholson and told him that I came
to take my Leave of him and receive his commands for
England, if he pleased to honour me with any, he spoke
to me in these words, I thought that you might know
that I am Governour of Virginia S^r Said I, I do know it
and it is therefore that I come now to wait on your
Excellency to pay my Duty and receive your Commands.
Well saith he to me, have you got my Lord of London's Licence
to go for England? no S^r Said I. I suppose I do not want such
a Licence, My Lord of London, I am confident, does not desire
to keep any Clergyman against his will in Virginia. Well,
saith he to me again, take you notice that I will not give
you leave as you are a Clergyman to go for England. S^r
said I have complyed with the Law of the Country, I have
a Pass accordingly out of the Secretary's Office; and I think
with submission that I cannot be legally Stopt. I wonder your
Excellency should now be against my going to England
when not long ago your Excellency seemed to be desirous
I should. Ha! saith he go and tell them so in England, (he meant
I supposed his late usage of me), Hereupon he call'd one of his
Servants who being come he bid him call M^r Blair M^r Cony
M^r Robertson, and M^r Harrison who being all come he asked—
M^r Blair whither I had ^{shewed him} a Licence of the Bishop of London to
go for England, No S^r saith M^r Blair he hath not. I wonder
how he should, Tis such a thing as was never required of
any Clergyman before going out of this Country to England.
S^r said the Governor (in words to this effect) I will not argue
the thing with you now, I desire you only at present to
take notice as you are Commissary, and you M^r Harrison
as you Officiate the place of the Queens Attorney, and you
M^r Cony as you are my Chaplain, and you M^r Robertson
as you are Clerk of the Councill, that I do not give leave to
M^r Fouace, as he is a Clergyman to leave this Country
and go to England; Upon which I told his Excellency that
it would be sufficient to me if he pleased to give me leave
to go as I was Stephen Fouace.

On the 30^th of July following, being the day that the—
Fleet sailed out of the Capes of Virginia, his Excellency
being on board the South Hampton man of War, which
was then a Guardship in Virginia, sent an Order to me
to wait upon him, and not fail of my complying with
his command in the Queens Name, as I would answer
the Contrary at my peril. This Order of his was carried on
board of the Ship where I had taken my passage, But
I fearing and Suspecting his design of Stopping my voy-
age, under one pretence or other, I went some days be-
fore into another Ship and continued hid there till the
South Hampton man of War had left the Fleet.

Copy of the Affidavit
of Stephen Fouace—
Clerk, relating to the Mal:
Administration of Col:
Nicholson Governor of
Virginia; Sworn the 25
of April 1704
N^o : 5