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JOURNALS

OUSE OF OURGESSES

of Virginia 1702/3-1705, 1705-1706,

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THE LIBRARY

OF

THE UNIVERSITY

OF CALIFORNIA

RIVERSIDE

The Houfe of Burgeffes

of Virginia

Five Hundred Copies

Printed from Type.

No.

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JOURNALS

of th(

House of Burgesses

of

VIRGINIA

1702/3-1705, 1705-1706,

1710-1712.

Edited by

H. R. McILWAINE

RICHMOND, Virginia

M C M X I I

r2>7

CONTENTS

Burgesses

Introductory Note

Preface

Journal, 1702/3

Journal, April 20, 1704

Journal, April 21

May 12, 1704

Journal, April, 1705

Journal, October, 1705

Journal, October, 17 10

Journal, November, 1711

Index

vii

xi

xiii

3

37

41

84

127

237

299

357

LIBRARY BOARD

VIRGINIA STATE LIBRARY

ARMISTEAD C. GORDON, Chairman JOHN W. PISHBURNE

THEODORE S. GARNETT

EGBERT G. LEIGH, Jr. EDMUND PENDLETON

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Burgefles for the Afiembly

of 1702/3-1705.

The fpelling of the names in this Hft, as in thofe that follow, is in each cafe that

of the name as it appears for the firft time in the Journal of the feffion.

Accomack

TuUy Robinfon

New Kent:

Jofeph Fofter

Richard Drummond

James Moffe

Charles City:

Richard Bland

Norfolk

James Wilfon

Jofhua Winn

Thomas Hodges

Elizabeth City

Anthony Armiftead"

Northampton

Benjamin Nottingham

William Armiftead

Jacob Johnfon

Effex:

James Baughan

Northumberland

: Richard Haney

Richard Covington

John Harris

Gloucefter

Peter Beverley

Prince George:'

Robert Boiling

James Ranfon

William Harrifon

Henrico

William Randolph

Princefs Anne

Edward Mofeley

Francis Epps

Adam Thorowgood

Ifle of Wight:

Arthur Smith

Richmond

William Robinfon

Thomas Giles

David Gwyn'

James City:

Benjamin Harrifon

Stafford

Rice Hoe

George Marable

Richard Foffaker

King & Queen

William Leigh'

Surry:

Nathaniel Harrifon

William Bird

WilHam Edwards

King William

John Weft

Warwick

Miles Cary

Thomas Weft

Robert Hubbert

LancaXter

John Turbervile

Weftmoreland

Charles Afhton

WilHam Ball

Henry Afhton

Middlefex

Gawin Corbin

York:

Thomas Barbar

Edwin Thacker<

Thomas Ballard

Nanfemond

Thomas Swans

Henry Jenkins

' Richard Bland and Jofhua Winn were difcharged at the beginning of the third feffion (p. 50), and were

fucceeded by Drury Stith and Edward Hill (p. 62). Bland and Winn had been elefted to reprefent Charles City

County as the county ftood before Prince George was formed from it. After Prince George was cut off and al-

lowed reprefentatives, a new eleftion was held in Charles City.

» Anthony Armiftead died during the fourth feffion, and was fucceeded by Nicholas Curie (p. 109). 3 William Leigh died before the opening of the third feffion (p. 47), and was fucceeded by John Walker

(pp.

60,

62).

< Edwin Thacker died forae time before the opening of the third feffion (p. 47), and was fucceeded by

William Churchill (pp. 60, 62).

s Thomas Swan died before the opening of the third feffion (p. 46), and was fucceeded by Daniel Sullivant

(p. 69).

' Prince George County was firft reprefented in the third feffion of this Affembly (p. 48).

' David Gwyn died fome time before the opening of the fourth feffion (p. 87). No fucceffor was ele(Sted.

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BurgefTes for the AfTembly

Accomack

of 1705-1 706.

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Burgeffes for the Affembly

of 1 7 10-17 I 2.

Accomack

Hancock Cuftis

Nanfemond

Thomas Godwin

Richard Drummond

Francis Milner

Charles City:

Littlebury Epes"

New Kent:

Nicholas Merriwether

Samuel Harwood

John Stanup

Elizabeth City

Nicholas Curie

Norfolk:

James WiKon

William Armiftead'

George Newton

Effex:

James Baughan

Northampton

Benj. Nottingham

John Hawkins

Charles Floyd

Gloucefter

Peter Beverley

Northumberland

Chriftopher Neale

Ambrofe Dudley

Peter Prefley

Henrico

John Boiling

Prince George:

John Hardimans

William Randolph'

Robert Boiling

Ifle of Wight:

Arthur Smith

Princefs Aime

Max. Boufh

Jofeph Godwin

Henry Spratt

Jameftown

Nathaniel Burwell

Richmond

William Tayloe*

 

Wm. Robinfon

James City:

Thomas Cowles

Stafford

George Mafon

Henry Soane

John Waugh

King & Queen :<

William Bird

Surry:

William Gray

John HoUoway

John Simons

King William

John Waller

Warwick

William Harwood

Henry Fox

William Cary

Lancafter

WiUiam Ball

Weftmoreland

George Eskridge

Edwin Conway

Willoughby Allerton

Middlefex

John Robinfon

York:

Thomas Ballard'

Chriftopher Robinfon

WiUiam Barbar

' On conteft, Thomas Parker was declared eledled in place of Littlebury Epes (p. 246). Parker died fome- time before the 20th of November, 1710 (p. 272), and it feems probable that Littlebury Epes was eledted to fuc-

ceed him; for the name "Epes" appears on page 291, and Francis Epes, who later became a member, had not

yet been elefted (p. 232).

' William Armiftead's feat was contefted, and Francis Ballard was declared to have been elecfted (pp. 246,

247)-

(P-

J William Randolph died before the opening of the fecond feffion (p. 301), being fucceeded by Francis Epes

332).

< William Bird and John Holloway were declared by the Houfe not duly elefted, and a new eleftion was

ordered (pp. 256, 257). At a fecond eleftion, however, they were again returned (p. 332).

s John Hardiman died before the opening of the fecond feffion (p. 301), being fucceeded in the Houfe of Burgeffes by Edward Goodrich (p. 332).

' William Tayloe was duly elefted and returned as a member of the Houfe for this Affembly, but died be-

fore the opening of the firft feffion (p. 244). His fucceffor was John Tarpley (p. 332).

' Thomas Ballard, duly eledted and returned a member, died before taking his feat (p. 244). His fucceffor

was probably William Buckner (p. 257).

Introductory Note.

THE

text of the Journals compofing this volume, there being altogether Journals

for feven feffions (four feffions of the Affembly of 1702/3-1705, one of the

Affembly of 1705-6, and two of the Affembly of 1710-12) has been obtained

from tranfcripts of copies in the Englifh Public Record Office. No copy of any one of thefe Journals has come to light elfewhere. The Journals have never been

printed before, and they appear in this volume juft as they were copied by the clerk

of the Houfe of Burgeffes or his affiftants for tranfmiffion to England.

punctuation, capitalization, etc. of the originals have been faithfully followed, and

even the abbreviations, for if liberties of any kind were permitted with the text there would be grave danger of going too far. The fpecial charadlers ufed in indicating

thefe abbreviations are: c, indicating ti (menconed, for example, for mentioned); 4, indicating leman or lemen (genti, ftanding for gentleman or gentlemen, ufually the

The fpelling,

latter); §, indicating pre (^ent, for prevent); q,,

annoque); m, indicating mm (fumon, for ftunmon).

indicating que (annoqj, for

In general, a curve over a

letter indicates the omiffion of a letter or letters either preceding or following the

marked letter.

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Preface

Hiftorical Setting.

THE

Journals embraced in this volume are thofe for the period limited by the

1694, leaving no children.

dates March 19, 1702 /3, and January 31, 1711 /12. King William

England, died on March 8, 1701 / 2. His wife, Queen Mary, the daughter of

Hence, in accordance

III, of

James H, had died in

with the provifions of the Declaration of Rights of the Convention which in 1688/9

had put William and Mary on the throne of England in the place of James and

eftablifhed the Proteftant fucceffion, this Declaration of Rights having become the

Bill of Rights paffed by the firft Parliament of William and Mary, Anne, the fifter

Accordingly, the

of Mary, became queen.

Her reign lafted till Auguft

i,

17 14.

period covered by the Journals in this volume is almoft coterminous with it.

The great overfhadowing fact of the reign of Queen Anne was the war carried

on between the Grand Alliance (compofed of England, Auftria, Holland, Portugal, Savoy, and moft of the German ftates) on the one hand, and France, Spain, and Bava-

ria on the other. The participation of England in this war was the refult of two caufes

firft, the fucceffion to the throne of Spain on the death of Charles II, on November i,

1700, of Philip of Anjou, the grandfon of Louis XIV; and fecond, the recognition

by Louis XIV, at the death of James II, on the 6th of September, 1701,

young fon as King of England, defpite the fact that the Englifh Parliament had given

the throne to Anne and had defignated Sophia, electrefs of Hanover, or, in cafe of

her death, her heir, to fucceed Anne. With France all-powerful, the control of the

Englifh people over their own affairs would be at an end, for Louis XIV, a firm be- liever in the doctrine of the divine right of kings, would be certain to place the fon

of James II on the throne of England by force of arms and keep him there. William

of Orange, who had fpent his hfe in combating the overweening ambition of Louis,

of James's

and who had accepted the crown of England in order to be able to ufe the force of

England in defenfe of Holland, and had done fo in the war which had been brought

to a clofe by the treaty of Ryjwick (1697), was eager to go to war again on the feizure

by Louis early in 1701 of the "barrier fortreffes."

Thefe fortreffes were a feries of

fortified towns on the fouthem frontier of the Spanifh Netherlands, which had been

eftablifhed by the Spaniards in the days when Spain and France were enemies and

which at this time were garrifoned in the cafe of each partly by Dutch and partly by

Spanifh troops. The expulfion of the Dutch by the French was carried through with

the affiftance of the Spaniards.

Hence this act fhowed clearly the determination

of Louis to ufe the power of France and that of Spain as one; and as a refult of it the

territory of Holland lay open to invafion. William was compelled, however, to wait;

for the Tory party, oppofed to war, had control of the Houfe of Commons. But when

Louis, later in the year, recognized the Pretender as king of England, William dis-

folved his Tory Parliament, and in the new Houfe of Commons the Whigs had a ma-

jority. This Parliament increafed the army to 40,000 men and voted a large fum to the navy. William had already prepared for the war which was inevitable by or-

ganizing the Grand Alliance. But it was not deftined that he fhould have the pleas- ure again of leading great armies, for before war was actually declared he had died.

Fortunately, a greater foldier than he, however, was at hand to take his place, John

Churchill, who became the duke of Marlborough. And he was perhaps a greater dip-

lomat, too, than William; for his fkill in controlling the heterogeneous elements en-

[ xiv]

gaged with him in the war is almoft as much to be admired as his military genius,

attefted though this be by fuch victories as Blenheim, Ramillies, Oudenarde, and

Malplaquet. In the battle of Blenheim, Marlborough commanded 52,000 men, of whom prob-

ably not more than one-fifth were Englifhmen, the reft being Auftrians, under Prince

Eugene of Savoy, Dutchmen, Pruffians, Hanoverians, Danes, and what not, while of the French and Bavarians there were 56,000 of the very beft troops that could be

affembled. They were commanded by fuch leaders as Marfhals Marfin and Tallard.

Moreover, the French part of the army had behind it the tradition of continuous

French victory whenever battles had been fought in the open field fince the battle of

Rocroi, fought fixty-one years before, in which the French had broken the hitherto invincible Spanifh infantry. On this day, however, their habit of victory, their advan- tageous pofition, and their fuperiority in numbers did not avail. They fuffered a difaftrous

defeat, not one-half the Franco-Bavarian army efcaping. And the refults of the battle

were in proportion to its magnitude. Not only was the preftige of the French foldiers

loft for a time, but Auftria was faved from invafion, and Bavaria was at the mercy

of

the allies.

With the exception of Blenheim, Marlborough's great battles were fought and fieges

conducted in the Netherlands, in Flanders, and on the northeaftern frontiers of France.

But this territory was not the only theatre of the war. Northern Italy was the fcene

of many battles, and Spain of more, while fouthem France itfelf did not efcape. In 1704, the year of the battle of Blenheim, an event occurred in Spain of even greater

lafting importance to England than the victory of Blenheim itfelf. This was the cap-

ture of Gibraltar by an Englijh and Dutch fleet under Admiral Rooke, affifted by troops

imder the command of Prince George of Heffe-Darmftadt. The poffeffion of this

impregnable fortrefs, "the key of the Mediterranean," has proved of incalculable value

to England in all her wars fince.

Though Marlborough was himfelf uniformly fuccefsful in the war, the allies, when

not under his command, fuffered many defeats.

Even Prince Eugene, by many con-

fidered the equal, if not the fuperior, of Marlborough as a foldier, was fometimes beat-

en, notably, at Caffano, in Italy, in 1705, where he was feverely wounded, and before

Toulon in 1707.

In 1707, alfo, in Spain, the allies (moftly Englijh) fuffered a criifh-

ing defeat at the hands of the French and Spaniards at Almanza, where the Englijh

army was commanded by a Frenchman, the Huguenot Ruvigny, who had gone to England with William of Orange and had been made the Duke of Galway, and the

French army was under an Englijhman,

James II.

the

duke of Berwick,

the natural fon of

In this period, too, Peter the Great was laying the foundations of RuJJian power,

and Charles XII of Sweden was conducting the campaigns that amazed the world. But neither of thefe affected to any great extent events in weftem Europe, except that in the campaigning feafon of 1707, when Charles XII invaded Saxony, it became neces- fary, fince it was feared that he might form an alliance with the French, for the duke

of Marlborough to fpend valuable time in vifiting him in his camp and in cajoling him

into marching off to a more comfortable diftance from the Netherlands. It was mainly

for this reafon that in 1707 Marlborough achieved little in the field.

In this period of Englijh hiftory the party and cabinet fyftem of government had

not become fully developed. Accordingly, when Queen Anne came to the throne, moft

of the Whig minifters who were in office when King William died were difmiffed by

the queen, who was under the influence of the imperious Sarah Jennings, the wife of

the duke of Marlborough, and in their places were put the adherents of Marlborough,

who at this time called himfelf a Tory. Lord Godolphin, whofe fon had married Marl-

borough's daughter, became chief minifter, and remained in power till 17 10, pofing

as a Tory till 1706, and after that as a Whig, fince the majority of the Tories were

In 1706 the earl of Sunderland, an extreme

defirous of bringing the war to a clofe.

[XV]

Whig, who had alfo married a daughter of Marlborough, became fecretary of ftate,

though Queen Annej now growing weary of the temper of the duchefs, and alfo dis-

liking the Whigs as being in her opinion enemies of the church, was far from pleafed

to make the appointment; and by 1708 the entire miniftry was Whig, Marlborough

now announcing himfelf as an adherent of that party. But this miniftry was not to

continue long in power. The majority of the people of England were beginning to

realize that the coftly and bloody war fhould end, its object, fo far as England was

concerned (that is, the keeping of Louis XIV within bounds) having been practically

accomplifhed ; and in 1 7 1 o Godolphin foolifhly gave occafion for the ftirring up of high

church animofity againft his government by caufmg the impeachment of Dr. Sach-

everell, a Tory clergyman, for preaching two violent poHtical fermons in which he had

criticifed and ridiculed the members of the government.

Dr. Sacheverell was by the

Whig Houfe of Lords pronounced guilty, and on him a light punifhment was impofed,

but throughout the country the cry went up that the liberty of the pulpit had been

violated, Dr. Sacheverell became a hero, and the Whigs were denounced.

Coinciden-

tally with all this, the queen was drawing more and more away from the influence of

the duchefs of Marlborough and transferring her affections to Mrs. Ma/ham, the coufm

of Robert Harley, a Tory, who had been for fome time the queen's fecret poUtical ad- vifer. By Harley's advice the duchefs of Marlborough was difmiffed from the court,

and very fhortly Godolphin and Sunderland were difmiffed from office. Nor was it

long, a Tory majority having been elected in 17 10 to a new Houfe of Commons, before

a new miniftry compofed altogether of Tories, the chief of which were Harley, foon

to become the earl of Oxford, and the much more brilliant Henry St. John, later created

vifcount Bolingbroke, was in power.

Secret negotiations were immediately begun

with France, and in the courfe of time the duke of Marlborough was recalled to England,

where it was neceffary for him to face the charge of peculation, for which he had, un-

fortunately, fumifhed grounds in his acceptance of large fums from the contractors who fumifhed fupplies to his army, and other large fums from the emperor in the form

of commiffions on the fubfidies paid by England to Auftria in order to aid her in carry-

ing on the war.

The command of the army was given to the duke of Ormond, with

inftructions that he was to remain inactive.

This was in 171 1.

In 171 1 occurred,

alfo, another event of the greateft importance, namely, the creation by the queen at the

inftance of Harley of twelve Tory peers to overcome the Whig majority in the Houfe

of Lords, fo that the Tory minifterial policy in reference to the war might the more read-

ily be carried through.

In 17 13, on the 31ft of March, the famous treaty of Utrecht

was figned, which affected only England and her minor allies. Auftria, deferted by

the other members of the Grand Alliance, kept up the fight fmgle-handed againft the

French till the next year, when an agreement was come to in the treaty of Raftadt.

Though the refults of this war were of the very greateft importance to England,

fince fhe came out of it with valuable additions to her territory and with her naval

power vaftly increafed and the power of France checked, thefe refults are all probably

eclipfed in importance by the refults of an adl paffed in 1707. This was the adl for the

union of England and Scotland, which confoHdated the two kingdoms fo far as their law-making body was concerned, as they had been united vmder one crown fmce the

days of James I, a meafure of union, however, which there was danger of lofmg fmce

the paffage in 1703 by the Scottifh ParHament of what was called the "Adl of Security,

providing that after the death of Anne the fucceffor to the throne of Scotland fhould not be the fame as the fucceffor to the throne of England. In 1704 Queen Anne was forced

to give her affent to this adl. The queftion of the complete union of the two kingdoms

was one in which King William III had taken much intereft, and on the acceffion of

Anne commiffioners had been appointed, in 1702, to difcufs terms. The Scotch held

out for freedom of trade between the two countries and equality of