MS43.04: Francis Nicholson Papers
An Abstract of the Chief Articles of Governor Nicholsons Mal-administrations, 24 May 1704
An Abstract of the
cheif Articles of Governor Nicholsons
Mal-Administrations in Virginia
| 1 | Councills Memll §.1. Art. 1. Blairs Affidt. Sect: 1: Art. 1: Beverly's Affidt: No: 4 parag. begining That there were Sevll. Courts & No 1: parag: 3 The grievances | 1 | He has acted without advice of Coun- cil, in many matters of the greatest moment to which their advice and consent used to be had in former Governments some of these being things to which her Ma- jestys Instructions and the Laws of that Country expressly require their Advice and Consent to be taken. |
|---|---|---|---|
| 2 | Councills Memlls: § 1: Art 3. Blairs Affidt: Sect: 1: Art: 3. | 2 | He signs many Papers in Council on purpose to have the Colour of the Councills name, which are never read in Councill and the Councill knows nothing of them— |
| 3 | Councills Memlls § 1. Art. 4. Blairs Affidt. Sect: 1 Art: 4. | 3 | He has taken away from the Councill the inspecting and Auditing the Accounts of the Revenue so that all the Publick Accounts are now sent home without any check or Voucher in that Country, to her Majestys great disservice, and contrary to former practice. |
 | |||
| 4 | Councills Memlls: §. 1: Art: 5. Blairs Affidt. Sect: 1 Art 5. | 4 | He destroys all just freedome of— dispute or debate in Councill, by his usual hectoring browbeating & threatning those of the Council who differ in Opinion from him |
| 5 | Councills, Memlls §: 1. part of art: 1. begining many things are put upon Rcord &c. Blairs Affidt: Sect: 1: part of art: 1: beginning. I have often seen the Govr: order the Recording of matters &c. | 5 | He puts many things into the Mi- nutes and Records of Council without the Councils advice or consent, and has caused severall things to be chop- ped and changed afterwards without their Privity. |
| 6 | Councills Memorlls §: 11: throughout. Blairs Affidt: chap. 2d. throughout. | 6 | In many things he encroaches— upon the Liberties of the Upper house of Assembly. |
| 7 | Councills Memll § lll. Art: 1. Blairs Beverlys Affidt: No: 4. pag 11° | 7 | He behaves himself so in the General Court, where he is cheif Judge, that neither Parties, Lawyers, nor Judges have their just freedom, by which means the due Course of Law is obstructed. |
| 8 | Councills Memll § 111. Art: 3. Blairs Affidt: chap: 3d. Art: 3. Beverly's Affidt. No: 2. | 8 | He gives directions to the Sheriff about the Packing of Grand Juries con- trary to Law. He— |
 | |||
| 9 | Councills Memll § IV: Art: 1. Blairs Affidt. chap. IV: art: 1. Beverleys Affidt: No: 5 Wallaces Affidt. Lukes Affidt: Founces Affidt: | 9 | He gives many Arbitrary & vexatious Commands, about pressing of men & horses and commanding the attendance of Mens persons; which he backs with the Authority of her Majestys Name. |
| 10 | Wallaces Affidt: near the end. Beverlys Affidt: No: 4 That these were &c. Blairs Affidt: Chap: 4. Art: 3d. Moodys Affidt. | 10 | He calls Courts to inquire into the lives and Conversations of such men as he in- tends to expose or ruine, when there is no accusation or Accuser. |
| 11 | Councills Memll §. IV. Art 8: Blairs Affidt: chap IV. art 8. Beverleys Affidt: No 4. parag. beginning the Attorney &c | 11 | When the Ordinary Attorney refuses his Commands as illegal, he imploys other Attorneys to undertake them, And upon an Attorney Generalls declining one of his Commands as being against Law he took him by the Collar, and Swore by God that he knew of no Laws we had, and that his Commands should be— obeyed, without hesitation or reserve. |
| 12 | Beverlys Affidt. No 5 parag. begining I have heard &c Wallaces Affidt: Last parag. | 12 | He has in his Rage committed men to Prison without any Complaint or Complainant. |
| 13 | Councills Memll § IV. Art: 18. No 6. Blairs Affidt. chap IV. Art: 18: No: 6. Moodys Affidt: near the end. Beverly's Affidt. No: 5. I have been— thereon &c. Wallaces Affidt: | 13 | He has made it a Common practice to intercept and break open and detain mens private Letters, to the great obstruction of Friendship, Trade and business. For |
 | |||
| 14 | Councills Memll § IV. art: 14. Blairs Affidt: chap: IV. Art. 14. Beverlys Affidt: No 1. parag as to the signing &c | 14 | For many Months he refused signing of Probates and Administrations, upon a rash Oath whereby severall Widdows and Orphans and others lost their debts. |
| 15 | Councills Memlls § 1 pt of Art. 1. begining Rules of Limitation Blairs Affidt: chap: 1st part of Art. 1. begining I have seen some Rules of Limitation. And Blairs further Affidt: beginning Licences of Mar- riages &c: Beverlys Affidt: No: 1: the greivances &c. | 15 | He assumes a Power of dispencing with the Law in Cases of the greatest Consequence. |
| 16 | Councills Memll § 1. Art: 7 Blairs Affidt: beginning But it being my misfortune &c. Beverlys Affidt: last parag. Moodys Affidt: Lieut a mind to rise. Councills Memll § IV. Art. 13. Art. 9. Art: 10 and 12 &c Blairs Affidt: ibid. Beverly Affidt: Wallaces Affidt: Fouaces Affidt: Lukes. Affidt: May the 24th. 1704 | 16 | He has by many words and Actions given good ground to Suspect his carrying on some dangerous designs for himself both against the Government Established by Law in that Country and the Crown of England. Thô we have past by all that relates to his Lewdness and profaneness, his abusiveness and Insolence his Rage and fury (of which the Affidts: are so full, yet we hope it will be unchristian and Barbarous it is in its- elf; how derogatory to her Majestys honor and Service, and how dangerous to the Peace of the Country to have her Majestys Subjects there so extreamly provok'd, and their Patience exercised to the utmost by the continual affronts and Insults of a Governor. |
Phill, Ludwell Senr
Stephen Fouace