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ENGLAND ACQUIRES VIRGINIA

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Mighty in her military strength and with an all but inexhaustible wealth pouring into her coffers from her American conquests, Spain stood as a very colossus over the Europe of the sixteenth century; and England, watching and fearing her hostile growth, grimly determined that she too, should have her share of that fabulous new world and its treasure. So deeply planted and so greatly grew this determination that it eventually became a part of England's public policy and in June, 1578, the great Elizabeth, with her eyes on the American coast, issued letters patent to Sir Humphrey Gilbert, and after Gilbert's death reissued them on the 25th March, 1584, to his half-brother Sir Walter Raleigh, to discover, have, hold and occupy forever, such "remote heathern and barbarous lands, countries and territories not actually possessed by any Christian prince, nor inhabited by Christian people." As by its terms the new grant was to continue but for "the space of six yeares and no more," it was clear that advantage of its provisions should be taken with promptness; and Raleigh was not a man given to delay or indecision. He had been making his preparations; hardly more than a month elapsed before an expedition of two ships captained by Philip Amidas and Arthur Barlow set sail from England, bound for America. On the 4th of the following July, having landed on an island off the coast of the present Carolinas, these men raised the English flag and formally declared the sovereignty of England and its Queen. They brought home with them such glowing accounts of their discovery that Elizabeth was moved to bestow upon all the coast the name of Virginia—the land of the Virgin Queen. Two more attempts were made to establish permanent settlements in the neighborhood and although both failed, enough had been done to found a claim of English ownership and dominion, a claim which covered the entire coast from the French settlements in the north to the Spanish settlements upon the Florida peninsula, and thus the original Virginia became coextensive with England's pretensions on the North American continent. It is true that Spain then claimed the entire coast under a Papal Bull but Papal Bulls meant very little to Elizabeth or to her pugnacious sea-rovers. One of the many curiosities of history is that neither Raleigh nor his captains ever saw the soil of that part of America which was to become the Virginia we know, nor did the Queen who named it ever have knowledge of its physical characteristics, its resources or its inhabitants. In short, Virginia proper was neither to be discovered nor have its first precarious settlement until after Elizabeth's death.

After these first abortive attempts to found English settlements under his patent, Raleigh, on the 7th March, 1589, assigned it and all his rights thereunder to a company of merchants and adventurers who were resolved to proceed with the enterprise. These assigns, after the death of Elizabeth, became the leaders in seeking from King James I "leave to deduce a colony in Virginia." That monarch, says Bancroft, "promoted the noble work by readily issuing an ample patent" and on the 10th day of April, 1606, signed and affixed his seal to the first Charter of an English colony in America under which permanent settlement was to be effected. This charter declared the boundaries of Virginia to extend from the 34th to the 45th parallels of longitude and authorized the planting of two colonies. The first of these, to be founded by the London Company, largely made up of men of that city, was designated a "First Colony" to be established in the southerly portion of England's claim; the right to establish a "Second Colony" to be planted in the north, went to the Plymouth Company, whose membership, headed by Sir Ferdinando Gorges, Governor of the garrison of Plymouth in Devonshire, came principally from the west of England. Under this Charter the King named the first "Council for all matters which shall happen in Virginia;" under it the London Company dispatched the expedition of three ships in command of Sir Christopher Newport and having Captain John Smith among its members; and under it and the Second Charter (of 1609) the infant colony was governed until, in the year 1624, the Charter was revoked and the Crown took over the affairs of the Colony.

Until the troubled reign of the first Charles, the growth of Virginia's population had been very slow. It was not until the defeat of the Royalists in 1645 by the forces of the Parliament and the King's execution in January, 1649, that the first great increase in population occurred. In a pamphlet published in London in that latter year, by an unknown author, it is stated that her population was at that time 15,000 English and 300 negroes and these were scattered along the lower portions of the James and the York and the shores of the Chesapeake. Then the defeated Cavaliers began to arrive in such great numbers that by 1670 Sir William Berkeley estimated that 32,000 free whites, 6,000 indentured servants and 2,000 negroes were there. Many of the old population and the newer arrivals as well, were pressing northward to the land between the mouth of Rappahannock and that of the Potomac which in 1647 had been organized into a new county, under the name of Northumberland, to include all the lands lying between those latter rivers and running westerly to a still indefinite boundary. This was new territory recently, and still very sparsely, settled by the English and even as late as 1670 it was contemporaneously estimated that the Indians between the two rivers had nearly 200 warriors.

Although the Stuarts had been deposed in England and the younger Charles forced to fly to the Continent, he was still King in Virginia with loyal and devoted subjects. It was under such conditions that Charles, actuated not only by a desire to reward certain of his Cavalier adherents who were sharing his exile, but also to create a refuge for others of his followers from the ire and oppression of the triumphant Roundheads, granted by charter dated the 18th day of September, 1649, the whole domain between the Rappahannock and Potomac to seven of his faithful lieges who, during the Civil War, had fought valiantly in the Stuart cause. These men were described in the charter, still preserved in the British Museum, as Ralph Lord Hopton, Baron of Stratton; Henry Lord Jermyn, Baron of St. Edmund's Bury; John Lord Colepeper, Baron of Thoresway; Sir John Berkeley, Sir William Morton, Sir Dudley Wyatt and Thomas Colepeper Esq. And thus, says Fairfax Harrison, "the proprietary of the Northern Neck of Virginia came into existence."

He notes that of the patentees Lord Jermyn, after the Restoration, became Earl of St. Albans and Sir John Berkeley, Baron Berkeley of Stratton. "The only conditions" quotes Head "attached to the conveyance of the domain, the equivalent of a principality, were that one-fifth of all the gold and one-tenth of all the silver, discovered within its limits should be reserved for the royal use and that a nominal rent of a few pounds sterling should be paid into the treasury at Jamestown each year."

But to receive a grant of this splendid Proprietary from a fugitive and powerless King was one thing and to reduce it to actual possession was another and very different one. Charles might and did consider himself King in both England and Virginia and the ruling Virginians might and did consider themselves his very loyal and obedient subjects; but unfortunately for the seven Cavalier patentees of the Northern Neck, the Parliament and Cromwell took a radically different view of the matter and, even more unfortunately, were in a position to enforce that view. No sooner had the representatives of the new Proprietors come to Virginia and were duly welcomed by the royalist Governor Sir William Berkeley, than a Parliamentary fleet of warships arrived from England, deposed the Governor, set up the rule of Parliament in 1652 and abruptly ended, for the time being, the patentees' hopes of gaining possession of their new grant.

There was little to be done by these Cavaliers while Parliament and Cromwell ruled. And then the wheel of history, after its fashion, completed another cycle. On the 3rd September, 1658, Cromwell died and soon the ruthless and efficient but never very cheerful control of England by the Puritans came to an end. In 1659 word came to Virginia of the resignation of Richard Cromwell and the Puritan Governor Mathews dying about the same time, the Virginia Assembly in March, 1660, proceeded to elect Sir William Berkeley to be their Governor again. On the 8th of the following May, Charles II was proclaimed King in England and in September a royal commission for Berkeley, already elected by the Assembly, arrived, the Virginians themselves welcoming the restoration of Stuart rule with great enthusiasm.

The owners of the patent of the Northern Neck believed that their patience was at length to be rewarded. Again they sent a representative to Virginia, this time with instructions from King to Governor to give his aid to the Proprietors to obtain possession of their domain. But during all the years of their forced inactivity, the settlement of Virginia had gone on apace. What had been in 1649 a thinly settled frontier, shewed now a largely increased population and land grants to these new settlers had been freely issued by Virginia's government. Many of those newly seated in the Northern Neck were very influential men and in their opposition to the claims of the patentees received popular sympathy and encouragement. As a result, Berkeley found himself confronted by a Council which obstructed his every effort to carry out the King's instructions and the endeavours of the Proprietors to gain possession of their grant being completely blocked, they were obliged to appeal to the home government for relief. The outcome of negotiations between them and Francis Moryson, then representing Virginia in London, was that the patent of 1649 was surrendered by its holders for a new grant carrying on its face substantial limitations of the earlier patent. This new grant was dated the 8th day of May, 1669, almost twenty years after the first, and contained provisions recognizing the title to lands already seated or occupied under other authority; generally limiting the Proprietors' title to such other lands as should be "inhabited or planted" within the ensuing twenty-one years, together with a constructive recognition of the political jurisdiction of the Virginia government within the Proprietary.[2]

This appeared a reasonably satisfactory compromise of the controversy to both sides. But suddenly in February, 1673, Charles made a grant of all Virginia to the Earl of Arlington and Lord Colepeper to hold for thirty-one years at an annual rent of forty shillings to be paid at Michaelmas. Thus was Virginia rewarded for her faithful loyalty to the Stuarts. When the news came to Jamestown the Colony flamed with resentment and anger; and now Berkeley and his Council were in hearty accord with the wrathful indignation of the Colonists. Even though the King had not intended to interfere with the title of individual planters in possession of their land, his action threw the whole situation, and particularly in the Northern Neck, into turmoil and confusion. Exasperation was directed against the holders of the Charter of 1669 as well as those of 1673 and again the original patentees appealed to the Privy Council for relief. Again the King sought to help them but by this time they had grown weary of the long controversy and indicated their willingness to sell out their rights to the Colony; before an agreement could be reached, Bacon's Rebellion flared up and the whole subject was again in abeyance.

We must now return to the Indians. The Dutch settlements along the Hudson had early developed a very lucrative and active trade with their native neighbours, particularly the Iroquois, who brought to them furs for which they were given European manufactures, especially spirits and firearms and when, in 1664, the English conquered and took possession of these Hudson settlements, they continued the Dutch trade and friendship with the Iroquois. To obtain furs, the hunters and warriors of the Five Nations ranged further and further afield and before long were in bitter conflict with the Susquehannocks who had their headquarters and principal stronghold fifty or sixty miles above the present Port Deposit in Maryland on the east bank of that river from which they derived their name. They were mighty men and warriors, these Susquehannocks. All the early English who mention them pay tribute to their splendid strength and stature. Smith who, it will be remembered, came in contact with them before his skirmish with the Manahoacs, said of them that "such great and well proportioned men are seldom seen, for they seem like giants to the English, yea to their neighbours." And in 1666 Alsop wrote that the Christian inhabitants of Maryland regarded them as "the most noble and heroic nation of Indians that dwelt upon the confines of America.... Men, women and children both summer and winter went practically naked," and adds, among other details, that they painted their faces in red, green, white and black stripes; that the hair of their heads was black, long and coarse but that the hair growing on other parts of their bodies was removed by pulling it out hair by hair; and that some tattooed their bodies, breasts and arms with outlines. Our American soil, from the beginning, appears to have favoured the art of the barber and beauty-shop.

From the English in Maryland these Susquehannocks acquired guns and ammunition and thus were able to hold their own with their Iroquois foe for over twenty years of the harshest warfare. But the Iroquois were relentless and though repulsed again and again, returned year after year to the attack. The Susquehannocks finally weakened by an epidemic of smallpox, were overcome, the Iroquois captured their main stronghold and completely overthrew their power. Fugitive bands of Susquehannocks, nominally friendly to the English of Maryland and Virginia, then roamed the western frontiers of those colonies and along both banks of the Potomac, still harassed by pursuing bands of Senecas.

Under such conditions it was not long before they came in open conflict with the English settlers, some say through Indian thefts, others because the English attacked a party of them, mistaking them for pilfering Algonquin Doegs. The fighting, once begun, spread rapidly and the settlers on their exposed frontiers, denied practical assistance by the Virginia Governor Berkeley and his colleagues (whom rumor said were making such substantial profits from the Indian trade that they were loath to antagonize the Indians by sending organized forces against them) turned for leadership to Nathaniel Bacon, a young planter of gentle birth, not long come out from England. Bacon was a natural leader, their cause was popular and soon Virginia found herself in the midst of an Indian war and a rebellion against the Jamestown government as well. Bacon led his men to victory over both Indians and Governor but suddenly dying from a dysentery or from poison—to this day the cause of his death is surrounded by uncertainty—the "rebellion collapsed with surprising suddenness," his former followers were overcome by the Governor with the aid of English troops and Berkeley proceeded to wreak a vindictive and merciless revenge.

Meanwhile knowledge of the turmoil had reached England and the King sent Commissioners to Virginia to investigate the causes of the trouble and Berkeley's wholesale executions and confiscations of estates. These men made a fair report of their findings to the King, which, added to the many complaints from the families of Berkeley's victims, caused Charles to exclaim: "As I live, that old fool has taken more lives in that naked country than I have done for the murder of my father." In the spring of 1677 the royal order for Berkeley's removal arrived and he sailed for England in an attempt to justify himself in an audience with Charles, his departure being "joyfully celebrated with bonfires and salutes of the cannon" by the Virginians. But in England he found that the King, resentful at his abuse of power, avoided meeting him and in July the old man fell ill and died, his end hastened, it is said, by his vexation and chagrin over the King's attitude.

Upon the death of Berkeley, the King appointed Lord Colepeper Governor of Virginia. As he was not ready nor, possibly, inclined to go immediately to his post, the King issued a special commission to Sir Herbert Jeffries, who had been one of his emissaries to investigate Berkeley, as Lieutenant Governor in immediate charge of affairs. Jeffries ruled until his death in 1678 when he was succeeded by Sir Henry Chicheley as Deputy Governor under an old Commission issued to him as early as 1674. Colepeper did not personally take charge on Virginia's soil until 1680, and then but for a brief period, soon returning to England and remaining there over two years. It was not until December, 1682, that we again find him in Virginia.

Colepeper, it will be remembered, was not only by inheritance a part owner of the patents of 1649 and 1669 to the Northern Neck but he was coproprietor with Arlington under the grant of 1673 of all Virginia and now in his own person Governor of the Colony as well. For good measure, his cousin, Alexander Colepeper, was also an owner by inheritance of a share in the grants of 1649 and 1669. It was apparent that he was in a position at long last to turn his Virginia interests to account; but in doing so he sought to make the new dispensation as personally profitable to his rapacious self as possible. Therefore he opened negotiations with his old associates, by 1681 had succeeded in buying most of them out, and declared himself sole owner of all these grants, although his cousin still owned his one-sixth interest. But the King had become annoyed at his conduct and the stories of his rapacity and, seeking an opportunity to punish him, seized upon the pretext that he had been absent from his post without leave. On this charge he, in 1682, was deprived of his office as Governor. Two years later (1684) Colepeper sold out his rights under the so-called Arlington Charter of 1673 to the English Crown for a pension of £600 a year for twenty-one years. He tried also to sell to Virginia his rights to the Northern Neck under the Charter of 1669, but in that transaction he was unsuccessful. A curiously ironic fate seemed intent upon keeping the Northern Neck Proprietary, reward of Cavalier loyalty and devotion, as an inheritance for the still unborn sixth Lord Fairfax, scion and representative of the family of two of the most able of the Parliamentary leaders.

Although Bacon and his men, when they took the field in 1676, had thoroughly disciplined the Indians in Virginia, the Iroquois and the Susquehannocks still entered Piedmont and roamed its forests. The Iroquois are believed to have driven out the Manahoacs and their kinsmen prior to 1670 and certainly claimed their lands by conquest; not coveting them for settlement but for hunting and particularly for such furs as they could trap and collect in a land plentiful of beaver and otter. The Virginians built forts at the navigation heads of the great rivers for the protection of settlers; but the northern Indians passed beyond and between them and not only attacked the tributary Virginia Algonquin tribes, from time to time, but were frequently in conflict with the English as well. Lord Howard of Effingham, successor to Colepeper as Governor, met Governor Dongan of New York in July, 1684, and with him closed a treaty with the Iroquois whereby the latter were to call out of Virginia and Maryland "all their young braves who had been sent thither for war; they were to observe profound peace with the friendly Indians; they were to make no incursions upon the whites in either state; and when they marched southward they were not to approach near to the heads of the great rivers on which plantations had been made."[3] But the treaty also contained a provision that the Iroquois, when in Virginia, should "Keep at the Foot of the Mountains" which seemed to acknowledge their right to be there and so continued the Indian menace to such settlers as pushed into Piedmont. Nevertheless the frontier forts of the Virginians were allowed to fall into disuse, the Colony depending on companies of armed and mounted rangers to patrol the back country and keep the Indians in order, and there seemed some prospect of peace though the outlying plantations, long keyed up to Indian alarms, remained alert and watchful. However for awhile there was less Indian trouble in the upper country and then a new alarm occurred, resulting in the first recorded exploration of the present Loudoun.

Legends of Loudoun

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