Colonial Williamsburg Digital Library

1.

As to the first Section of that Memorial, concerning the Gov^rs engrossing all power
to himselfe and Acting Alone without the Advice and Consent of the Councill in the
cheife Affaires of the Government of which divers Instances are there Subjoin'd
concerning all these I make Affidavit as follows. Viz^t.

That having been formerly of the Councell during S^r Edmund Andros's Governm^t
the practice then was (and as farr as I understood had been from the first Settling of the
Governm^t) to Advise with the Council concerning the choice of Justices of Peace
Sherriffes and the Superiour Officers of the Militia which practice is now almost
totally laid Aside by Gov^r. Nicholson who very often of his own Accord and Upon
particular resentments makes great alterations in County Courts without Advising
with the Council, There are many instances of this Those which are freshest in My
Memory are of two of My Neighbours M^r George Marable and M^r William Drummond abl
able Justices of James Citty Court who were Struck out of the Comission of the Peace within
a few dayes after they had refused to Signe a Complementing Address concerning the
Gov^r. which was past in a Grand Jury of which they were Members, this refusal of
theirs was commonly talk'd of as the Cause of their being turned out and I never heard
of any other, this Court was held in the Parish where I was Minister The like Instances
I have heard of in other Parts of the Countrey but can't Say I know them to My Owne
knowledge The Alteration in the Court of Nanzemonde indeed made a very great Noise
as I had it from Some of the Justices themselves, for the whole Court except two were
turned Out and the County not Affording other well Quallify'd men to Substitute in
their roome it was said the County business did exceedingly Suffer And there was a
very great clamour about it, as likewise about the cause of it which as I heard from
some of the Said Justices was the turning out of an Able Clerk of the Court one M^r Daniel
Sullivant for lending (as it was said) his Vote and interest to one Capt Thomas Swan
who was chosen Burgess for that County (contrary to the Gov^rs. inclinations) and Substi-
tuting another Clerk in his roome whom the Court thought So insufficient that they
refus'd him. for which refusal they were turn'd out; and another much weaker Court
named who were Oblig'd to Admitt that insufficient Clerk, and it Seem's between Such
a Court and Such a Clerk, the business was so miserably managed as occasioned this
General out-cry. This I know that having been at all the Councills about that time the
Council was not consulted in the matter.

I know that the Sherriffs us'd always since I can remember to be Nominated
by Advice of Council, till now of late that Gov^r. Nicholson has quite laid Aside this Custome.

And that the Militia us'd to have a great dependance on the Council, none but
the Gentlemen of the Council, to the best of My Remembrance having been preferred
formerly to the cheife Comand in the Several Counties and the Chaplains^Captains and other
inferiour Officers having been preferr'd either by their Nomination or Recommendation
But of late both the cheife Comands in Several places have been otherwise disposed of
and Seldome any of the Council is consulted about the inferiour Ones.

I know that there is an express Instruction that the Advice of the Council be
taken in Appointing fitt persons to be Naval Officers and likewise that the Laws of
that Country concerning the Impositions on Servants and Liquours, which the Naval
Officers Collect do so impower the Gov^r to Name the Collectors of those Duties, as to
limitt him in that Nomination to the Advice of the Council. Notwithstanding all which
I have never known him Since I came upon the Council, take any of theire Advice
in the putting in or turning out of any of these Officers.

As to the Sending blank Comissions to favourites to fill up with what Justices
of Peace they thought fitt, I never Saw One of them, thô I have had it from very
good hands, that I cannot doubt the truth of it.

I have Seen Several Orders and Proclamations, issued out by the Gov^r in the
King or Queen's Name, and published at Courts and Churches without any Advice
in Council.

As for all the Precepts and Warrants drawn on the Receiver Generall
I believe not One in ten of them was by Advice in Council thô there is an Express
instruction for that purpose.

I have never Seen a faire Audit of the Acco.^ts of the Revenue in Councill
Since he was Gov^r Sometimes indeed the Acco^t was Slipt upon the Table, but
never publickly read, or examin'd farr less the Warr^ts. and Vouchers to the
Several Articles Produc'd and Approv'd.

I know that M^r Dionysius Wright was Sent home for England Agent
by his Excellency and ^I have Seen in One of the Receiver General's Acco^ts. An Article
of Sixty Pounds charged as paid to him out of her Maj^tys. Revenue by the Gov^rs
Warr^t. whether he had any more I cannot tell, only I am well Assur'd the
Sending him as Agent was not communicated to, farr less Approved by the
Council. And I understand by some Letters from Gentlemen of the Council in
Virginia, that M^r Secretary Jennings is Sent home in like manner without
Advice of Council and is Paid out of her Maj^tys. Revenue.

As to the Standing Agent for Virginia I remember that his Excellency
upon M^r Poveys laying downe defir'd the Councill to Name one M^r Thrale,—
recommended by M^r Povey, and when they Answered that ^if they might have the Nomination
of the Agent, they would Name Somebody that they knew, and who Understood the Affaires
of the Countrey the Gov^r said if they would not Name him, he would, and Accordingly
Named him And I Understand he has the Sallary of One hundred Pounds per Annum
allow'd out of the Revenue to the Agent for Virginia.

I have Seen Some Rules of Limitation Set by the Gov^r to Major Thomas Swan
and M^r John Bowling Surveyors retrenching the former powers they had by Law
without any Advice in Council, whether any Such Rules were Sett to other Surveyors
I know not.

I know that restraints were laid upon Major Thomas Swan and M^r John
Bowling Surveyors, that they Should not Survey Severall Tracts of Lands duely entred
according to Law in theire Offices and that they should not Perfect Severall Surveys
they had already begun. without any prohibition of Law or Advice in Council.

I have Often Seen the Gov^r order the recording of Matters in General Court and
Council, without the Consent or Vote of the Court or Council. I have heard the late Clerk
of the General Assembly and Council complain that the Gov^r Oblig'd him to pick & cull
the Records and Send them home for England imperfect; and I have heard another
Clerk in the same Office complain that the Gov^r Urg'd him to make material Alter-
ations in the Records, and I have Sometimes Observed considerable Omissions in
the Council Records, which when I found fault with to the Clerk. I understood by him
they were by his Excellency's Orders.

Thô I was a constant Attender at Councils I never knew his Excelly take
their Advice, who should be recommended home to fill up the Vacancies of that board

I knew three County Court Clerks all very able men in their Offices remov'd out of
them without any fault Alledg'd or Prov'd (that ever I could hear of) except as was
Said they happen'd to fall under his Excellys displeasure, and to make way for others
more in favour And I have been told by the present Secretary of Virginia and others
that in the Assembly. 1700. the Mony for Defraying the Charge of some Pyrats—
then taken Sticking long upon hand before it was Allow'd by the Assembly, it was—
whispered to Several Clerks who were Members of the house of Burgesses at that time
that if they did not Vote for giving that Mony they should be every one of them
turn'd out of their places and that to terrifye them the more blank Comissions for so
many Clerks Places were drawn up and laid in the Secretary's Office for all People to
See. And I remember that I heard the Gov^r threaten to turn out every one of the
Clerks of that house not excepting Said he the Speaker himselfe if they did not Vote
right. I remember ^too that without An Order of Assembly or Advice in Council the Gov^r
withheld a Writt of Election from James City which before that time had been in
possession of A Priviledge of Sending One Burgese to the Assembly, by the Law of
that Country even after the Seat of the Governm^t. was removed from them.

II.

As to the Second Section of the Councils Memorial that Many Matters
of great Moment are transacted by his Excelly expressly contrary to Advice in
Council and the Instances there given.

I remember One General Assembly which the Gov^r would needs call in
the Month of March which because that is a very Scarce time of the Year for
provisions both for Men and horse in that Country and because there is then the
greatest Occasion for Men to be at home to looke after their Stocks which are
then at the Weakest and in danger of being lost in Swamps and Marishes
which abound there and because there was no Urgent businesse for An Assembly
the Country complaining much of the needlesse charge they had been put to by
Unnecessary Assemblyes the Council endeavoured to put it off at least for a
Month or Six Weeks longer; but they could not prevaile and the Gov^r. call'd
it without them.

I remember that the Gov^r has made many harsh irritating—
Speeches to the House of Burgesses, and particularly that he laid a proposi-
tion before them of An Imposition of Six pence P hogshead And fifteen pound
of Tobacco P poll concerning both which he consulted the Council but Acted
directly contrary to their Unanimous Advice.

I know that he has kept the Lands on Blackwater and Pamunkey
neck, Shutt up contrary to the Advice of both Council and Burgesses

And that afterwards the Blackwater Land being open'd by Order
and Proclamation of his Excelly in Council, his Excelly out of Council again
recall'd this Order to the loss both of her Maj.^ty in her Quittrents and much more
of the People, who had Purchased Rights, and made Surveys, and were going on
with their Settlements.

III.

I have seen many Papers which were Said to be Orders, Pattents,
Warr.^ts, or Commissions Signed by his Excelly in Council, and Understood afterwards
that Entries were made of this as done in Council Yet they were never so much
as read in Council, and we had no opportunity of Speaking to them.

IV.

I remember that there us'd formerly to be A Day appointed Annually
on which the Gov^r and Council in a Solemn Audit Examin'd and past the Acco^ts
of the Revenue. But now that this Custome is let fall I know not check at all there
is in that Country upon the Said Acco^ts.

V.

I remember many Instances of the Gov.^rs scolding hectoring and browbeating such of the
Council as presum'd to differ in Opinion from him thô they exprest themselves in never so
modest and Submissive terms. Comanding them with a Very threatning tone to put what
they said in Writing insinuating as if he would make them Answer for it. These Rude and
menacing ways are so common and habitual to him and are practiced to Such a degree
of Insolence and Abusiveness as utterly destroys all just Freedome of Debate and Vote in
Council which is Allowed by her Maj^ty's Instructions.

VI.

The Gov^r does sometimes in Council read An Instruction or part of An Instruction
when it makes for the Argum^t he is upon but the body of his Instructions is not Communi-
cated to the Council, whereby they are at a great loss in giving their Advice and go in the
dark not knowing what rules and Measures of Governm^t. her Maj^ty. or Yo^r Lordships
have prescrib'd.

VII.

I have heard him often Debase and Vilify the Gentlemen of the Council using
to them the Opprobious Names of Rogue, Raskall, Cheat, Dog, Villian and Coward. I
have heard him Say they got their Estates by cheating the People and Swear that he
Valued them not more than the dirt under his feet and that he would reduce them to
their Primitive Nothing, And I know that he has Preferr'd Several Men of inferiour
Stations to the cheife Commands in the Militia which (as farr as I know) us'd form-
erly to be intrusted only with the Gentlemen of the Councill.

Art: 1.

The Gentlemen of the Councill (who constitute that house) are very
rarely left to the freedome of their own debates for the Gov^r is almost continually
present and takes upon him to preside and Debate and to State the Questions &
to Overrule after the same manner as he uses to do in Councill which they often
complain'd of as a very unreasonable innovation and destructive of the Liberties
of that house.

2.

He commonly uses an ^high haughty Passionate and Abusive way of browbeating
discouraging and threatning all that do not Speak and Vote as he would have
them.

3.

Sometimes when Bills or Messages are Sent up from the house of Burgesses to
the Upper house, before he will Suffer that house to consider them, he returns an
Answer to them himselfe and sometimes after the Upper house have Answered if the
Answer do not please him, he makes a sort of Remonstrance against them and has it
Entred in the Assembly Books, by this means feeding differences and misunderstandings
between the Two houses, whereas We humbly conceive that he ought not pub-
lickly to interfere except either by his Speeches to both houses or his Negative
Voice which he always has at last.

4.

I have known him threaten Gentlemen of the Council that he would ruin
them and one of them told me Once that ^he had just then taken him Aside
and Amongst other Rebukes and Threats that he had Sworn he would cutt
his Throat if he Voted not as he would have him in a certain business which
was then before the house.

5.

I have heard him make very rash extempore Speeches threatning and
Abusing the whole Assembly; Particularly One, wherein immediately after
their refusal of Men to New York, he Assur'd them he would notwithstand-
ing the Said refusal lend out the Men to New Yorke as soon as ever the
Gov^r of New York should demand them which Speech thô it was not
put in Writing, nor upon Record, that I know of, did highly exasperate
both houses and contributed not a little to the hindrance of the business.

Art. 1.

As to his Partiality in the General Court where he is cheife Judge
thô I never heard Accus'd of taking Bribes yet I have very often been
Wittness to his gross and Visible Siding with some and running down of
others upon the Acco^t. of Freindship or Enmity to themselves or theire
relations or their Lawyers or the Part he thought they Acted in the publick
Unhappy differences, so that it is become a difficult matter and a rare
thing to see much business there fairly Manag'd and decided, according
to the Merits of the Cause, without great heat and Passion, against Partyes
Lawyers or Judges.

2.

He is A Gentleman that Accustomes himselfe to very irregu-
lar Hours, of Eating Sleeping, and doing business, by which the Morning
is often lost, and he Obliges the Court to Sitt often till Twelve at Night
sometimes Two or Three in the Morning; And this not only when Jurys
are Out, or the Court is involv'd in a long Cause, but purely to gratifye
his owne odd humour, he calls new Causes at Unseasonable hours in
the Night.

3.

Whereas the Custome of that Country was always for the Sherriff to
Empanell the Grand Jury out of the best Gentlemen he found in Town, upon
Occasion of the General Court; the Gov^r of late having put the Grand Juryes upon Making
Addresses to the Queen interspers'd with Complements to himselfe to Support his—
Interest in England, has not thought fitt to Venture upon a Jury casually Emplan-
nell'd but has Sent to the Country for the Foreman and other Leading Men, and has
given Orders to the Sherriff about the Putting in some into the Pannell of the
Jury and the Striking out of others, as I have heard both from the Sherriff, &
some of the Persons so put in or Struck out. As for the tampering with Grand
Jurys for flattering Encomiums of himselfe I have seen Several Signal favours
bestowed on the Gentlemen of the Jury about the time of those Addresses Viz^t
To One I have seen a fine remitted, on divers others Sherriffs Places bestow'd, And
once a good Naval Officers Place given to the Foreman, taken from another
honest Gentleman, who had never been Accus'd of Mismangem^t. Yet after all,
those Complements went so much against the Grain, that I remember Severall of the
Jurymen told Me they were forced to decide a Previous difficulty Viz.^t that they
Sign'd not that Adress upon Oath but as A Complem^t. before it would go down
and even then some stood out and wou'd not Sign it.

4.

I have seen him make Particular Entries contrary to the Opinion
of all the rest of the Court and Some of these in very Abusive and reflecting terms.

Art. 1

I have known many persons sent for and Commanded either by Verbal or Written
Messages in the King or Queen's Name, to come to his Excelly immediately, and when
they came he had no businesse with them, but to Scold at, and Abuse them after he had
put them to the trouble and charge of their Journey. I have likewise known horses
prest in the King or Queens Name (sometimes from people at Church) when no
occasion of the Govermn^t required it, but to Accommodate any Stranger or One of
his own or their Servants, when he might as easily have hir'd.

2.

I have been Informed by the persons themselves that they have been put upon it, &
Assisted by him in Patching up their Story, and then Oblig'd to put it in Writing, and
then he has Sent it home for England, to blacken the Accused Person without showing
so much Justice as to call him to hear what he had to Say in his own Defence or so much
as to Acquaint him with his Accusation or Accusor.

3.

I have been told by the Parties themselves that Commissions were issued
to them to examine Witnesses against men in his Maj.^ty's Name without any Accuser
I saw him endeavour to compell a Minister to take an Oath to be an Informer, and upon
his Scrupling the Oath with very threatning Voice he Order'd the Sherrifs to be Sent for to
take him into Custody, And the Attorney Gen^ll. to be Sent for to terrifye him with the fear of A
prosecution at Law when there was no Action nor complaint depending, nor
had the person received any Summons to give his Evidence.

4.

I have known him, upon an idle Story brought him, before he
enquir'd into the Truth of it, make a Solemn Vow to the Eternal God, to be
reveng'd of the person complain'd of, and all his Family.

5.

I have known divers instances of his false and Malicious Calumnies—
whereby he has endeavour'd both by word and writing so to blacken the
reputation of Persons of the best fame, as would have ruin'd them had
they been true.

6.

I have seen many instances of his Playing the incendiary, by
endeavouring to make differences among Freinds, and to form Parties in
the Country: And I know that he drives the differences to that heighth
that he resents it highly if the Parties show common civility one to Another
The Country now is exceedingly divided, and inflam'd to the destruction of good
Neighbourhood and the hindrance of the Publick business.

7.

I have always heard his best Freinds bewaile the Unhappiness of his
Temper, in being So Willfull and headstrong, that he will neither Ask, nor
Admit Advice from no person whatsoever.

8.

I have heard from the Attorney Gen^ll himselfe & likewise from
another Gentleman that was Witness of it that upon his (the Attorney's)
Scrupling one of his Commands as being against Law, the Gov^r in great wrath
took him by the Collar, Swearing that he knew of no Laws we had, but would
be Obey'd without hesitation or reserve. And upon this the Attorney Gen^ll
told me he would lay down his place rather than be us'd as a Tool to do things
against Law and accordingly he laid it down in a very little time thereafter
and I have heard another Attorney Gen^ll Say that upon his refusing to Under-
take some Prosecution which he reckon'd illegall the Gov^r gave a Comission
to Another Lawyer to prosecute in the Queens Name.

9.

I have Seen a great Number of instances of his haugty, furious
and insolent behaviour to the Gentlemen of the Country Particularly I heard
him in a very menacing manner tell Eight or Nine of them, that he knew how
to Govern the Moors, and would beat them into good manners. he has told Me
often that he design'd to be the Death of Several particular persons and did not
doubt but that he should be born out in it. he told Me once that he would
whisper the Speaker of the house of Burgesses in the Ear, that he would cutt
his Throat. I had it from One of the Parties concern'd that he Sent a Message
to his Mistress, that he would be the Death of her Father, and Brother and all her
nearest relations, adding that now he sent it by Message next time he would give
it under his hand, and the Third time he would put it in Execution. he told Me Seriously that
he ^was resolv'd to be the Death of Three men Viz^t. The Bridegroom that should Marry his Mistress
and the Minister that should Perfome the Ceremony and the Justice of Peace that should
Signe the Licence I have had it from the Party, A Man of good Credit, that he Said to him
that right or wrong he could by his Authority in the Country and his Credit in England ruine
any Private Man. And I my Self have heard him tell Men of the best reputation in
that Countrey, that he had taken care to give Such Characters of them in England, that not
a word they cou'd Say would be beleleiv'd.

10.

I have heard him say of the Gentlemen of the Country that they were all a parcell
of Rogues Villians Newgate Birds, Beggars, Cheats and Cowards, And of the Gentlewomen
that they were all a parcell of Whores, Bitches, Jades, and Jilts. I never saw him buffett
any man thô I have heard he did. But I saw him run after One Gentleman to Cane
him who Fled from him, having no Weapon to defend himselfe.

11.

I know one Gentleman whom in his rage he committed to the Custody of the
Sherriffe, and he was detained till he gave, if I remember right Five hundred Pound
Baile for his Appearance at the Generall Court, and when the day of Appearance came
the Action was dismist because there was no body to Prosecute. I have heard from persons
of Undoubted Credit, that in his rage they saw him imprison two Gentlemen in the Common
Gaol amongst Pyrats that were to be tryed for their Lives, thô he had no Action against
them.

12.

I have often heard him immediately ^{before or} after Prayers rap out Such Volleys of Oaths
that I never saw greater Profaneness nor more Profanely timed in my whole life.

13.

I have heard from the best hands of Many Pranks of Wicked Lewdness and Rudeness to
Gentlewomen in Several Parts of the Country, Several of them from the persons themselves
whom he has so Attacqued, and some of his Debauched Attempts so Abominably
gross that I never heard of the like in that Country.

14.

I have known some instances of rash Swearing which have involv'd him in the
Sin of forswearing himself, particularly the instance of Probates and Administrations
mentioned in the Council's Memorial, was certainly true and very Publick & Notorious
and there were very great complains of Widdows and Orphans who lost their Debts,
for want of probates in due time by reason of that rash Oath.

15.

He has to My knowledge extreamly ensnar'd the Consciences of the Clergy by
Urging and terrifying them to Signe flattering Encominums of himselfe and has mightily
threatned and prosecuted those who Scrupled and would not comply.

16.

To my knowledge he took a Naval Officers Place worth about One hundred
Pounds P Ann from a very honest Gentleman without any fault Alledg'd or prov'd and
bestow'd without Advice in Councell, and contrary both to Law and the Royal Instruction on a
Foreman of a Jury who Drew One of these flattering Addresses within a day
or two after the said Address was presented. And this Gentleman not living
Convenient for Such an Office, he gave him leave to Execute it by a Deputy
which is contrary to another Instruction. To my knowledge too, One of the
greatest traders of that Countrey, enjoy'd, and for ought I know enjoys still
another Naval Officers Place, expressly contrary to another Instruction

17.

As to the Penuriousnes of his ordinary housekeeping and the
Custome of his political Treats. I know that he lives in a very sorry house not
worth above Ten or Twelve Pounds a Year (thô the Queen Pays him One hundred
and Fifty Pounds P Ann for houserent) that his Furniture and Attendance
are miserably mean; having but two Servt.^ts both within doors and without
(besides his Chaplain) that when there are no Strangers I have often heard
the Serv^t. complain they were kept very sharp upon one Meal a day,
and but one dish at that Meal, thô one or two more had been ordered to
dine with them, and that in the Gov^rs absence from home. there is no
table at all, not so much as a Cup of small beer to be had, but at the Same
time I know that of late Since he had Addresses to Obtain of the house of
Burgesses he has treated the Assembly four times a Week during theire
Session: has Sent presents of Wine and Strong beer to Several of their Lodgings
and when Strangers from England New York or New England happen to come
orders are given to make liberall preparations so that it is a common Saying
of his Hostess, who Provides all, that there is always either a Feast or a Fast
at their house.

18.

Concerning the ways heremention'd which he takes to conceal his
true character in England. 1. I had from the Party that he threatned to put
him ⁱⁿ Irons if he should offer to Accuse him in England, and I have often
heard him threaten that he would make them Spend their Estates that should
dare to complain of him. 2. I know Several he has endeavoured to Stop, and
Some he has Actually hindred from going out of the Country, where he Sus-
pected they would give a bad Character of him. 3. I know where he has—
written the falsest and blackes Characters of those he fear'd would Speak or
write ag^t. him; as if they had been Men of Scandalous Lives and dis-
affected to her Maj.^tys Governm^t. thô the were men of known Loyalty
and good Credit and reputation. 4. I know that he has taken a great deal
of pains to procure Flattering Addresses from Pack'd Grand Juries; and
has immediately rewarded the cheif Instruments w^th places of Honour.
or proffit in the Governm^t. 5. I know that he has call'd irregular Meet-
ings of the Clergy for procuring Flattering Adresses, and that he has manag'd
them w^th treats and Presents, and Protection of Such as are Obnoxious; and promotion
of others to better Preferrments. 6. I know of Several Letters he has intecepted and broke
open, to and from England and of a Comission from England to one Gentleman, which he
tooke upon him to Stop, and send back hither without delivering it to the person to whom
it was directed. 7. I have heard of divers instances that when he makes presents to the
Church of England Ministers to the Northward, he takes care that repay him in Addresses
of Complement and recommendation to the B.^ps which he carefully transmitts to England
in his own Packetts. 8. I know that he Employs S^r Thomas Lawrence & Coll Quarry to
write a great deal in his behalfe, and rewards them for it. And Particularly I know—
that Coll Quarry writes the directest and most Notorious Untruths of the Virginia
Affaires in Justification of the Gov.^r and Accusation of his Adversaries that ever I
saw come from the Pen of any Gentleman, and I know that the intercourse between
the Gov^r and them is kept up at her Maj^tys. charge having Seen very unusual Sumes
for Messages to the Northward, charg'd in the Receiver Gen.^lls Acco^ts.