Colonial Williamsburg Digital Library

Article 1^st. . . . .

Instances of the first Article wherein he
is Charged as Acting without Advice of Council in matters
of the greatest moment are these that follow Viz^t—

I find 3 Naval Officers nominated by him since I came
last upon the Council, all without advice of Council, Contrary
to both Law and Instruction. These 3 are M^r Hancock
Custis, Council Books 1699 Page 36. M^r Gowin Corbin Ibid Pag: 75.
And Major Arthur Allen put in on or about April 24. 1703.
But not mentioned in the Council Books, not so much
as for taking the Oaths to the Government at the Entring
upon his Office, as the others are; he was likewise allowed
to Officiate his place by a Deputy without Advice of
Council. At the same time Capt:^a Nathaniel Harrison
to make way for this Major Allen, was without any fault
aledged or prov'd against him, removed from his Naval—
Officers place, without advice of Council.

Another Instance of this Article is that the Gov^r: has
Issued many Warr^ts: upon the Revenue, without Conses^ent of
Council, and Against Instruction; Particularly to M^r
Dionisyus Wright Sixty pound. Coun: Book N^o: 3. Apr. 25: 1702.
Examind. And Messengers and Contingent Charges in Several Arti-
cles in half a Years time, two hundred & Sixteen pounds
Three Shillings Ibid April 24^th: 1703. More Instances of
these Warrts may be Seen Coun: Book 1699 Pa: 72. And
April 25^th: 1702. & Oct^r: 27^th: 1702. In all which places—
they are said to be Signed by the Gov^r: in Council, but
are not said to have been read or approved of by
them, as I do positively remember of the Article of
M^r Wright, and Some other Articles that they were
not read, nor Communicated to the Council.

Another Instance is in Patents for Land past
without Consent of Council, thô perhaps they were
Signed by the Gov^r: in Council, without being read;
Several of which are mentioned Coun: Book N^o: 3—
Pa. 19, and April 24^th. 1703.

Another Instance is in Justices of Peace, Sheriffs,
Militia Officers, and Clerks. Examples of these turn'd
out by the Gov^r. without advice of Council, are mentioned
in the Affidavits Viz^t: Capt George Marable, and M^r W^m
Drummond, and the Court of Nanzemonde, whose names
I find not, But remember Coll^o: Nasworthy, D^r Luke:
Havill, and Major Thomas Swann, and Cap^t Henry
Inkins were four of them, being four of the ablest
men of the Country. John Walker Sheriff of King
and Queen County was Arbitrarily removed by
the Gov^r: in the Middle of his Collection; The Clerks
I remember to have been turn'd out were M^r
Daniel Sulivant, M^r Jn^o: Taylor, And M^r Robert
Beverly. I could name a great many of the Justices
Sheriffs, Militia Officers and Clerks that were
put in without Advice of Council, but the matter
of Fact being owned it is Superfluous. Only that
the Practise was otherwise in the time of former
Governors^ments, may be Seen in the Council Minutes
of those Gov^rs: times, particularly of late in all
Sir Edmund Androsse's time; And even in this Gov:^rs
time. Coun: book N^o: 3 Pa. 3 And Aug^st 27^th: 1702.

Another Instance is in the Gov^rs: Nomination of Agents
for the Country, paid out of the Revenue without
Advice of Council. Examples of this are M^r Thrale
Oct^r: 27^th: 1702, Pa: 17 and M^r Wright N^o: 3 April
25^th: 1702, And in the Gov^rs: refusing to Consent
to the pay of an Agent named by the General
Assembly May 9^th: 1699 Pa: 56.

Another Instance is in the Publishing of
Proclamacons without advice of Council of
which thô there are a great many, I remember
only 2. One was giving notice that the Land
on Pamunkey neck, and on the South Side
of Blackwater Should be opened to none but
such as Should Seat in other places of the
Frontiers, according to a Frontier Act, which
Proclamation was not only without, but contrary
to the Advice of the Council in the Year 1699 Pa: 65.
The other was a Proclamation to prorogue an Assem-
bly in the Year 1701 or 1702. upon which occasion
the Gov^r: Called 3 of the Council to meet at Coll
Dukes before he was of the Council, Viz^t Coll^o:
Jennings, Coll Lightfoot, and my self; But
bringing the Proclamations with him ready
drawn and Signed, without Communicating
any thing of the matter to us, he called for
a Candle and Sealed 'em up in Covers to the
Several Sheriffs, and Sent them away. At this
meeting of the Council there was not so much as
a Clerk present, or any Minute taken.

Another Instance is, in his Countermand-
ing by his own Authority what had been enjoyn'd
and Publish'd by Gov^r: and Council; an Example
of which I remember in his Shutting up of the
Blackwater land, after it had been opened by
Order of himself and Council, Publish'd by
Proclamation Aug°: 23. 1702. Pa: 7.

Article 2^d.

Instances of the Second Article, wher-
in he is charged as Signing Papers in Coun-
cil, on purpose to have the Colour of the Coun-
cils name without having them read or
Communicated to the Council, are Aug°: 23^th;
1702 Pa: 19, When he Signed many Patents
in Council, and April 24^th: 1703, When he
Signed many Patents and Sheriffs Comissions
in the General Court; Besides the Warr^ts:
for mony to M^r Dionysius Wright, and others signed
in Council, Apr: 25^th: 1702. & all the other above
mentioned Warr:^ts.

Article 3^d.

As to the 3^d Article, wherein he is Charged
as taking away from the Council the Inspecting
and Auditing the Acco^ts: of the Revenue, and
Sending home the said Acco^ts:, without any
Check or voucher in that Country. I must
observe to y^r: Lords^ps: that in my Search
of the Council Minutes for the whole time
since I have been upon the Council, which
is about four Years, I find no mention made of any one
Audit of the said Accounts by the Council.

Article 4.

As to the 4^th. Article wherein he is Charged with
destroying all Just freedom of Dispute or Debate in Council,
by his usual Hectoring, Brow beating and threat'ning those
of the Council, who differ in opinion from him. This being
an unusual practice it would be a lessening of the Charge
to give a few Instances yet for yo^r: Lordships Satis-
faction, I shall mention two or three Several times which
are still fresh in my memory. One was Sept^r: 5^th: 1701
against Col^o: Carter, Collonel Harrison, and my self
concerning some amendments of a Militia Bill,
Thô Governor Pretending to have the Bill so worded
as to enable him to make use of the Militia of
Virginia for his Majesty's Service in any part of the
World, and We pretending that the Militia was to
be kep't for the Defence of the Country, or that if upon
particular occasions they were to be Exported to other
Countries, Such Exportation must be by particular
Acts, to defray the Charges thereof, suitable to the
said occasions. Another Example was of his abusing
the whole Council. Aug°: 26. 1702, Concerning the
refusing of ten Thousand pound of Tobacco to the
Speaker. A Third a gross abuse of my self in the
business of M^r Wallace, Coun Book. Oct^r: 24th: 1702, Pa: 23.

Article 5^th.

As to the Instances of the 5^th Article, where-
in he is Charged as putting many things into
the Minuts and Records of Council without the
Councils advice or consent, and causing Several
things to be chopped and Changed afterwards
without their Privity. As to the first part of this Charge there
is a great number of Instances of Papers of
his own, which he brings in ready drawn into Council,
telling the Council they are things he intends to
do, without asking their Advice about 'em. He makes
the Clerk read these and afterwards has them
entered as done by advice and Consent of Council;
of this sort there is an Order about Musters
every fort'night. Coun: Book. May 9^th: 1699 Pa: 25.
and about the fifth men Pa: 26; and Several
Propositions said to be Sent by the Gov^r: and
Council to the Revisors of the Laws, Pa: 29., and many others of that nature.

As for Alterations of Minutes; Examples
are to be found Co^ll: Book May 9^th: 1699. Pa: 65.
concerning a Proclamation for bestowing the
Blackwater and Pamunkey Lands only
on Such as, Should Seat according to the
frontier Act, quite Contrary to the unanimous
opinion of the Council, and N^o. 3 Pa: 17. The
Question being concerning the Choosing
M^r Thrale for Agent, there is no notice
taken of the Councils refusing of him & Pa:
19. M^r Wallaces answer which he gave in
Writing is not there set Down, but another
very Different from it. And Pa: 30. My
Lord Cornbury's Receipt for the Gov^rs:
Nine hundred pound Bills, is mentioned as
ordered to be put upon the Council Books;
Yet it doth no where appear in these Books.
If it had it would have been Seen, That my
Lord Cornbury was not to make use of the
Gov:^rs Bills, unless the Queen Should first allow the
Gov^r: the mony out of the Quitrents of Virg^a, and Pa:
40. There is an Order for writs for Prince George's
County, which ought to have been for Charles City
County; Prince Georges County having at that
time two Burgesses, and Charles City none. There
are other instances of alterations, which I omit
for Brevities Sake; only it is very remarkable
that in that long Assembly 1701. The Gov^r: is never
marked in the Minutes as present with the
Council, But when the House of Burgesses
was called up; or when a particular message from
them was directed to him, whereas he was continualy
Present, and presided in all the meeting of the
Council.

It is fit likewise upon this Article to observe
to yo^r: Lordships, That the Minutes of Council are
very seldom read over in Council, and that
the Governor keeps the Clerk of the Council in
his Service, and pay, by which he has the
greater Opportunity to over aw, and Influence him
in the Entries which he makes in the Council Books.

Article 6^th.

As to the 6^th: Article wherein he is Charged as
having encroached on the Liberties of the upper House of
Assembly; Instances of this are. In his being continually Present, and Presiding in
that house. His Hectoring and Browbeating in Several Buis-
nesses before them, particularly in the Militia Bill Sep^t: 5
1701. and the speakers Tobacco Aug°: 26 & 27. 1702.

In his Sending answers of his own
to Messages. brought up from the House of Burgesses
to the Council, as may be Seen, Coun: in Assembly
Sep^t: 1701, pa: 79. Which they resent Pa: 80 & 81. for many
reasons there set down, as being against the Privilege
of Assembly, against their Engagments, and Hazard-
ing a Rupture; And Pa: 86. The Burgesses Sending
a Message to the Council about the Book of Claims
the Gov:^r always answers it Himself, without
giving the Council leave to answer. and Aug°.
26. & 27. 1702 The Gov^rs: Remonstrance and rea-
sons against the Councils opinion Sent to the
House of Burgesses about the Speakers Tobacco.

In his threatning of the Members with ruin
and Cutting of their Throats if they vote not as he
would have them. An Example is in Col^o: Lightfoot
who was so threat'ned. Not to mention the Speaker
of the House of Burgesses, and Six or Seven Clerks
more who were threat'ned to be turn'd out, if they
did not vote as he would have them in the Assembly
1700, and Accordingly had Blank Commissions drawn
for their Places.

Article 7^th.

As to the Seventh Article wherein he is Charged
with obstructing the due Course of Law by his
abuses to Parties, Lawyers, and Judges. Thô the
Instances are very many I shall content my
Self with a few. In the Case of M^r: John Danzy about Land,
he abused him grosly, upbraiding him with his
Country, for he was a Germain Naturalized; And
threw out his Buisness in Passion without ask-
ing any advice of the rest of the Court

In the case of Cap^t: James Bray about Sending
of Seconds, he pleaded against him from the Bench
more like a Party than a Judge, and flew into
great heats and Passions.

The Instance upon which I shall be most
Particular is ^{one that} happened April 17^th: 1703. In a Case of Deti-
nue between Swan and Willson, in which he did so grosly
abuse M^r Benjamin Harrison who was Council for
Swan, that every body cry'd Shame of it. I can
give the better Account of it because I sett it down
in Writing, When I went home out of the Court
while it was yet fresh in my memory. Swan had
Sued Willson for taking by force and detaining
from him an Horse and Pistol, and the matter
being put to a Jury, they found against Willson
and ^gave Swan Damages, one M^r Hollaway Council
for Virginia pleaded in Arrest of Judgment, an Error
of the declaration Viz^t that Swann had not set forth
his right and Property in the said Horse & Pistoll
^{saying only an Horse & Pistoll} Whereas he ought to have said his own Horse & Pistol,
and produced a Law Book wherein after the Verdict
of a Jury in England, Judgment was Stoped for want of
the word suum. in a Declaration wherein it should have
been Equum Suum. To this M^r Harrison replying that
it had never been the practice of that Court to
admit of Pleas against the forms of Declarations
after the Verdict of a Jury, but that all such pleas
were to be put in before the Jury went out, The Gov^r:
without any other Provocation, with a high Thundering
voice fell upon him in these words. Sir are you the Queen's
Council and pretend to Set up a President in Virginia
Contrary to the Practice of England? But it is like
you Sir, Sometimes We must have all according to the
Law of England, and Sometimes none, one day
We must have no Court at all, and at another
time a County Court Shall take a man's ears;
Sir you Shan't Impose upon me with yo^r: Tricks
and equivocations. To which M^r Harrison replyed
May it Please yo^r: Excellency, for what I say
here I am under the Dir^Correction of the Court, but
there I gave my opinion as a Judge, and did
it to the best of my knowledge and Consience.
Gov^r: (In a Violent Passion) The Country has been
ruined by you Sir, and you think to Set up against
me every where, and make mischief, but I'll mark
you & Expose you, or words to that Effect. Upon
Which M^r Harrison Seeing the Gov^r: in so great
Passion was modestly Silent, and the whole
Court being likewise in profound Silence, and
all Buisness at a full stop for near a quarter of an
hour, that being the 3^d: day of the Courts Sitting;
and the Gov^r: having abused M^r Harrison every one
of these days, I being then one of the Judges thought
it high time to say something to put a stop to such
unfair proceedings, knowing that M^r Harrison
was Employed at that time in a great many
Peoples buisness, And having Deliberately con-
sidered what I was to say rose up, and taking
off my hat applyed my Self to the Governor
in these words. Bl: May it Please yo^r: Excell^cy:
if M^r Harrison has done any Ill thing for w^ch—
he is accountable I hope yo^r: Excellency will
find another time to call him to an Account
for it, I am sorry to See so much of the Courts time
taken up, And M^r Harrison's Clients who are Inno-
cent Suffer so much in their Buisness by reason
of Yo^r: Excellency's Prejudices against him. Gov^r: (with
a very high voice) Sir I deny the Prejudice put it
down in Writing. Bl: I hope I have liberty here to
speak my opinion. Gov^r: I command you Sir to put
it in Writing. Bl: S^r. I am not affraid to put it
in Writing, but I say again I have a right to speak
my opinion. Gov^r: Who hinders you? neither you
nor He shall think to Hector me. Bl: Sir It is
far from my thoughts, I wish there were no such
thing as Hectoring, especially in this place; I believe
one third part of our time this Court, has been
Spent in this sort of Employment, I am asham'd
to sit here, and See the people so used. Gov^r: Get
you gone then, It had been good for the Country
if they had never seen your face. Bl: I could
answer yo^r: Excellency, if you were in another Station
Gov^r: I wish We were both together in England. Bl:
I wish so too. Gov^r: I will go with you next Shipping.
Bl: I wish you would be as good as yo^r word. Gov^r:
go when you will, I will follow you.

Article 8

As to the 8^th: Article wherein he is charged
as giving directions to the Sheriffs about the packing
of Grand Juries contrary to Law. The Sheriff
to whom Orders were given about the putting in of
some and putting out of others was M^r Henry
Tyler, one of the Persons struck out was M^r Jn^o: Walker;
The fine I mention to be remitted was to Major Waller.

The Naval Officers place was given to Major
Allen, Foreman, taken from Captain Nath^ll: Harrison.

Article 9

As to the 9^th: Article, wherein he is charged
as giving Arbitrary and Vexatious Commands
for the attendance of mens persons, backing them w^th:
the Authority of Her Ma:^tys name. Instances of this
are already in the Affidavits. in M^r Wallace who was
sent for forty miles off ^{& obliged to attend several Dayes Major Swan who was sent for 30 Miles off} and over a great River;
Coll^o: Ludwell and my self have been very often
sent for only to be Scolded at, and abused.

Article 10^th.

As to the 10^th: Article wherein he is charged
with calling Courts to Enquire into the lives and
Conversations of such men as he intends to ex-
pose or ruin, when there is no accusation or
accuser, The Instances of this are of a Court
called at Kiquotan against Captⁿ: Moody, & M^r:
Wallace, and another at Nanzemonde against
Major Swann, a third at King & Queen, ag^st:
Capt^a: Walker.

Article 11^th.

As to the 11^th: Article wherein he is charg'd
with very arbitrary and Illegal Proceedings with
relation to Her Majesty's Attorny's. The Ordinary
Attorny who refused his Commands as illegal
was M^r Benjamin Harrison; The Attorny that under-
took them was M^r Samuel Selden, the Attorny whom
the Governor took by the Collar was M^r Bart^w: Fowler.

Article 12

As to the 12^th: Article, wherein He is charged
as having Committed men to Custody in his
Rage, without any Complaint or Complainant
the Instances of this are. Capt^a: George Marable, whom he Comitted
to the Custody of the Sheriff of James City
and made him give five hundred pound Bail
to answer it at the next General Court, because
he refused to part with his Lease

And M^r Mathews, and M^r Mackie whom he
Imprisoned among Pirates in the Common Goal, be-
cause they had ^been on board of Capt:^a Bayliffs Ship of Bristol,
who sailed for England before the rest of the Ships,
who carryed the Governors Account of the taking
a Pirate in that Country.

Article 13.

As to the 13^th: Article wherein he is charged
with the Intercepting and Breaking open, and
detaining of Private Letters. The Instances
I have known are A L^re of Major Lewis Burwell's to
Col:^o Phillip Ludwell Sen:^r, which the Gov^r:
sent back to Major Burwell after he had
detained it to the best of my remembrance
about a Year. And I heard both the Gov^r &
Major Burwell speak of the Intercepting
of this Letter. A Letter of Capt^a: James Moody's
to M^r Mongo Ingles, w^ch: the Gov^r: Produced and had
read in Council before M^r: Ingles; M^r Ingles de-
nying that ever he had Communicated it to any
Person.

Several Lett^rs: out of England for Coll:^o
Harrison, Coll^o: Ludwell Jun^r. and my Self
by the Ship Virginian, Cap^t: Barklet Master
which the said Captain Sent to the Governor.
After they had come through his hands We
perceived them to have been broke open—&
Sealed again, so that upon the Second opening two
folds of the paper under the seal were tore. Another
time the Gov^r: having received great Packets of
Letters for Several Persons by a Ship arrived
from England, He Sent for me to receive my
Letters, and after he had given me 2 Letters
which he said were all that were for me, I
afterwards looking over a parcell of Gazetts
and News Papers which lay on a Chair
in the room, far from all the rest of y^e L^rs
found another Letter for my self superscribed
by my L^d Bishop of L^no: Covered with those
Gazetts and news Papers. Since I came for
England my Wife writes me word that M^r Smith
a Minister who brought me in 2 Letters, ^whereof one
was from my Lord Bis^p: of Ln^o: being Comanded
by the Gov^r: to give them to him, the Gov^r:
took them, and Detained them, and Sent
Her a message by the Clerk of the Council
that he had them and would keep them, and
would likewise Intercept all Letters that
should come Directed for me Commissary of
Virginia. I am well assured likewise by L:^rs
from Gentlemen of the Council in Virginia
That after he had intercepted some of my Lord
Bis^p: London's Letters to me he carried 'em
to the Council, and read there what parts of
them he thought fit.

Article 14.

As to the 14^th: Article wherein He is
Charged with refusing to Sign Probats and
Administrations for many months, I do plainly
remember the thing, it being in the Year 1700, and that
I used Several Arguments with him to perswade him
to Sign them as formerly; There being a great noise
of Debts that were lost for want of 'em, and ac-
cordingly after he had forbore for about Eight
or nine months, from the time of his rash Oath
in Court (and how long before I can't tell) he
condescended to sign them again as before. But
I do not remember the particular Debts that
were lost upon that occasion.

Article 15.

As to the 15^th Article wherein he is Charg'd
with assuming a Power of Dispensing with
the Law in cases of the Greatest consequence,
besides the Instance of M^r Sneads marrying &
ruining an Orphan by his Lycence; and the
restraints and Limitations laid upon Capt^a:
Thomas Swann, and M^r Jn^o: Bowling Survey-
ors, by which a great many People were
hindred from taking up the Land to which
they had a Right by Law, all which are
refered to in the Margent of this Article. I find
one Instance more mentioned in the Coun: Book
N^o 3 May 13. 1702. Viz^t: of a Pardon he gave to
one Anne Tandy, who had been Condemned
for the murder of a Bastard child, Whereas
by his Commission he has no Power to
Pardon Treason or Willfull Murther.
^th

Article 16^th.

As to the 16^th Article wherein He is Charged
as having given good ground of Suspicion of his
carrying on Dangerous designs for himself; The Affidavitts here refered to are so particular
that there is no occasion for further Instances
Only I can't but observe to your Lordships
That all along the Council and Assembly mint^ts:
he makes such a doe with the appearance
of every Strange Indian, and so Improves
and magnify's all Stories that are written to
him concerning the french and Indians, and
makes so much noise with his continual Number-
ing of the Men, and Moddelling of the Militia, &
having Lists return'd of the Arms as if that Coun-
try were under continual Consternation, and Dread
of an Invasion from the Enemy on purpose to
promote his Beloved Military Force; Whereas
the People of the Country are under no Such appre-
hensions, lying much out of the way of all Enemies
by Land, and their Poverty Securing them, that
it will turn to no Account for any Enemy to
Attack them by Sea. Except they could Trans-
port so many People as to Conquer and keep
Possession of the Country it Self, of which they
think there is very little probability.