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ascribe not only to a disposition to protract the session, cHAPTER and thereby to increase their wages, but also to the influence of Beverley, whom they had elected as their 1685. clerk, and whom the king now declared incapable of any office or public employment in Virginia, and ordered to be prosecuted, if the governor found cause, “according to the utmost rigor of the law, for altering the records of the Assembly.” The governor's conduct in proroguing the Assembly was approved; he was ordered to dissolve it; and henceforward to assume to himself authority to appoint a fit person to execute the office of clerk of the House of Burgesses. Nor did the House regain the appointment of its clerk till the reign of Queen Anne.
Previous to the arrival of this order, the Assembly, at an adjourned session, had passed an act, by which debts 1686. contracted in Maryland and Carolina were first made re- 9". coverable in the Virginia courts.
Effingham, like his predecessor, was greedy for money. All probates of wills were required to be sealed, and, for the use of his seal, the governor demanded a fee of two hundred pounds of tobacco. A new fee of thirty pounds of tobacco was demanded by the secretary for recording grants of land. It was partly, perhaps, this same desire of fees which led to the establishment of 1687. a Court of Chancery, of which the governor claimed, 9" ". by virtue of his office, to be sole judge, with the assistance, however, of such counselors as he chose to consult. In conformity with the policy adopted by James II. not less in America than in Europe, Ludwell and Custis were displaced from the council to make room for 1686. two papists.
An act of Lord Culpepper's first Assembly, reciting “that all courts in this country are many times hindered
chosen and troubled in their judicial proceedings by the impert
inent discourses of many busy and ignorant men, who
will pretend to assist their friend in his business, and to
clear the matter more plainly to the court, although
never desired nor requested thereunto by the person
whom they pretend to assist, and many times to the de-
struction of his cause, and the great trouble and hinder-
ance of the court,” for the prevention of these evils, pro-
hibited any person to appear in any court as attorney
without first obtaining a license from the governor. This
act, being found “inconvenient,” was repealed by the
next Assembly. But the repealing act was itself repeal-
ed by royal proclamation, whereupon Effingham claimed
that the first act revived, and would allow no attorneys
to practice without his license.
The planters of Virginia were not a little alarmed at
an excise duty imposed in England on tobacco—the
commencement of a system, since carried so far in that
country. They attempted to retaliate by acts for the en-
couragement of domestic manufactures. But these acts
were disallowed by the king in council, as hostile to En-
The increase of discontents in the colony was evinced
not only by many prosecutions for seditious words, but
in the conduct of a new Assembly, presently called, of
whose clerk, conformably to his recent orders, Effingham
assumed the appointment. That Assembly was soon dis-
solved without passing any acts, and Effingham pro-
ceeded to England, followed by Philip Ludwell, sent by
the Assembly to complain of his conduct. Upon Effing-
ham's departure, Nathaniel Bacon, president of the coun-
cil, succeeded to the temporary administration.
For some years after young Calvert's accession as
governor, things in Maryland went on happily. Some
misunderstandings had occurred with the Indians, but chapTER
they were quieted without much difficulty. Meanwhile
the settlements gradually extended. New Netherland 1664.
having been taken possession of by the English, Lord
Baltimore claimed, under his charter, to carry his juris-
diction to the shores of the Delaware; but he found the
Duke of York's officers no less obstinate upon that point
than their Dutch predecessors. The navigation act hav-
ing cut off the revenue formerly derived from the impost
on tobacco exported in Dutch vessels, to supply this de-
ficiency, the example of Virginia was presently imitated,
by the imposition of two shillings per hogshead upon all
tobacco exported, one half toward the colonial expenses,
and the other half as a personal revenue to the proprie-
tary, who agreed, on his part, to accept his quit-rents
and all fines due on the transfer of estates in tobacco at
twopence per pound—a price somewhat beyond the cur-
rent rates. In Maryland as in Virginia, tobacco con-
stituted the only staple, and both provinces felt alike the
inconvenience of over-production. Yet the Maryland
planters, not content with white servants, were anxious
to stock their plantations with slaves. An act was pass-
ed, and subsequently renewed, for encouraging the im-
portation of negroes, which had almost ceased since the
cessation of trade with the Dutch.
Prudence, caution, and moderation had made Lord
Baltimore by far the most successful of all those adven-
turers who had attempted proprietary colonies in America.
In return for his heavy outlays, he began, in his old age,
to receive a considerable income, including fines, quit-
rents, the tonnage duty, and half the export duty. At
his death the province had ten counties, five on either
shore of the Chesapeake, with perhaps sixteen thousand
inhabitants, of whom far the larger part were Protest-
chapTER ants. No considerable number of Catholic immigrants apX
pears to have arrived subsequently to the first migration.
As one consequence of the system introduced by Lord
Baltimore, and of the act of toleration still in force, Mary-
land had no religious establishment, and no division into
parishes. There were three or four Episcopal clergy-
men, who lived on their own plantations, and received
the voluntary contributions of those who attended their
services; but they had no glebes, no parsonages, no
tithes; and their discontent was plaintively expressed in
a letter from one of their number to the Archbishop of
Canterbury. “The priests are provided for; the Quakers
take care of those who are speakers; but no care is taken
to build up churches in the Protestant religion " The
colony is represented, in consequence, as a “Sodom of
uncleanness and a pest-house of iniquity.” The testi-
mony of those who magnify the necessity for their own
services is always to be received with some caution.
There is no reason, in fact, to suppose that the morals
of Maryland were at all worse than those of Virginia,
though that latter colony did enjoy the advantage of a
Church of England establishment."
The new proprietary of Maryland, shortly after his
father's death, leaving Thomas Notley as his deputy
governor, went to England to look after his property
there. Soon after his arrival, he was called to account,
on the score of the ecclesiastical destitution of his prov-
ince, by the Bishop of London, to whose diocese the over-
sight of the colonies was deemed a sort of appendage.
The bishop was seconded by the king and his ministers,
anxious to compound for lives of utter and notorious
profligacy by professing a great devotion to the estab-
lished religion. Lord Baltimore alleged the impossibility
of any public ecclesiastical establishment in a province
of such various religious creeds; but this explanation was chosen hardly deemed satisfactory. At the period of Baltimore's visit to England, that 1678. country was violently agitated by a struggle to exclude the Duke of York from succession to the throne, on the ground that he was a professed papist. This exclusion was zealously advocated by the representatives of the old Parliamentarians, who had begun again to act, under Shaftesbury's lead, as an organized party, and whom the popular delusion of the famous popish plot had greatly strengthened. On the other hand, the representatives of the old Royalists supported the claims of the duke, though they disavowed popery almost as strongly as their rivals. It was now that the party names of Whig and Tory first came into use. Whig, the Scotch for sour milk, and the appellation of the rebel Covenanters of the west of Scotland, was applied, by way of ridicule, to the enemies of the duke; while his friends, in their turn, were stigmatized as Tories, the name originally of certain wild bands of Irish popish robbers. This great party struggle in England, coupled with the recent insurrectionary movements in Virginia under
Bacon and others, was not without influence on the ultra-Protestants of Maryland. Headed by Fendal, the former governor, a man well experienced in civil commotions, they began to call in question the authority of a papal proprietor. Lord Baltimore hastened his return to the province, and was able to triumph over this old agitator. Fendal was arrested, tried, found guilty of 1681. sedition, and banished. Charles II., after a most violent struggle, triumphed also, by the help of the Tory, or High Church party, over the enemies of the Duke of York. Shaftesbury, their leader, found himself obliged to retire to Holland.