In the second year of Nicholson's administration a piratical vessel was captured within the capes of Virginia. She had taken some merchant-vessels in Lynhaven Bay, and a small vessel happening to witness an engagement between her and a merchantman, conveyed intelligence of it to the Shoram, a fifth-rate manof-war, commanded by Captain Passenger, and newly arrived. Nicholson chanced to be at Kiquotan sealing up his letters, and, going on board the Shoram, was present in the engagement that followed. The Shoram, by daybreak, having got in between the capes and the pirate, intercepted her, and an action took place on the 29th of April, 1700, when the pirate surrendered upon condition of being referred to the king's mercy. In this affair fell Peter Heyman, grandson of Sir Peter Heyman, of Summerfield, in the County of Kent, England. Being collector of the customs in the lower district of James River, he volunteered to go on board the Shoram, and after behaving with undaunted courage, standing on the quarter-deck near the governor, was killed by a small shot. During this year died the Honorable Colonel Edward Hill, of Shirley, on the James River, in the sixty-third year of his age; he was of the council, colonel and commander-in-chief of the Counties of Charles City and Surry, judge of his majesty's high court of admiralty, and some time treasurer of Virginia. He lies buried at Shirley, and a portrait of him and his wife is preserved there. In the year preceding this, Protestant dissenters, qualified according to the toleration act of the first year of William and Mary, were exempted from penalties for not repairing to the parish church, if they attended some legal place of worship once in two months. The press was not yet free in Virginia, and the writ of habeas corpus was still withheld. There was a commencement at William and Mary College in the year 1700, at which there was a great concourse of people; several planters came thither in coaches, and others in sloops. from New York, Pennsylvania, and Maryland, it being a new thing in that part of America to hear graduates perform their * Hening, iii. 171. exercises. The Indians themselves had the curiosity, some of them, to visit Williamsburg upon that occasion; and the whole country rejoiced as if they had some relish of learning. Fiftyeight years before this there had been celebrated a commencement at Harvard College, in Massachusetts.* In the year 1701 Colonel Quarry, surveyor-general of the customs, wrote to the board of trade: "This malignant humor is not confined to Virginia, formerly the most remarkable for loyalty, but is universally diffused." During the month of March of this year died William the Third. His manner was taciturn, reserved, haughty; his genius military; his decision inflexible. In his fondness of prerogative he showed himself a grandson of the first Charles; as the defender of the Protestant religion, and Prince of Orange, he displayed toleration toward all except Papists. The government of Virginia under him was not materially improved. He was succeeded by Anne, daughter of James the Second. Louis the Fourteenth having recognized the Pretender as lawful heir to the British crown, Anne, shortly after she succeeded to the throne, in 1702, declared war against France, and its ally Spain; but Virginia was not directly affected by the long conflict that ensued. In compliance with the requests of the assembly, the queen granted the colony warlike stores, to the value of three thousand and three hundred pounds, which the governor was directed to pay from the revenue of quit-rents. Her majesty, at the same time, renewed the requisition formerly made by the crown for an appropriation in aid of the defences of New York; but the burgesses still steadily refused. During the reign of William the Third the commerce of Vir * In 1701 the population of the colonies was as follows: ginia had been seriously interrupted, and her customary supplies withheld; she, therefore, encouraged the domestic manufacture of linen and wool; but an act for the establishment of fullingmills was rejected by the board of trade, as also was one for "the better securing the liberty of the subject.' Governor Nicholson, in a memorial to the council of trade, described the people of Virginia as numerous, rich, and of republican principles, such as ought to be lowered in time; that then or never was the time to maintain the queen's prerogative, and put a stop to those pernicious notions, which were increasing daily, not only in Virginia, but in all her majesty's other governments, and that a frown from her majesty now would do more than an army thereafter; and he insisted on the necessity of a standing army.* * Beverley, B. i. 104. CHAPTER LXV. 1703. Assembly held in the College-Ceremony of opening the Session—The Governor's Speech. A MEETING of the general assembly was held at her majesty's Royal College of William and Mary, in March, 1703, being the second year of Queen Anne's reign, and, by prorogation, again in April, 1704.* The clerk of the general assembly was ordered to wait upon the house of burgesses and inform them that his excellency commanded their immediate attendance on him in the council chamber. The burgesses having complied with this order, his excellency was pleased to let them know that her most sacred majesty having been pleased to renew his commission to be her majesty's lieutenant and governor-general of this her majesty's most ancient and great colony and dominion of Virginia, he would cause the said commission to be read to them. This being done, he read them that part of his instructions wherein the council are nominated, and informed the house that upon the death of Colonel Page, the number of councillors having fallen under nine, he had appointed one to supply that vacancy. The governor next mentioned to the house that he had commissioned some of her majesty's honorable council to administer the oath to the burgesses. Whereupon they withdrew, and the oath was administered by the Honorable William Byrd, John Lightfoot, and Benjamin Harrison. These gentlemen returning to the council chamber, the clerk of the assembly was ordered to wait again. upon the house of burgesses, and acquaint them that his excellency commanded their immediate attendance on him. The * A meeting of the council was held, consisting of his Excellency Francis Nicholson, Esq., lieutenant and governor-general, and William Byrd, John Lightfoot, Benjamin Harrison, Robert Carter, John Custis, Philip Ludwell, William Basset, Henry Duke, Robert Quarry, and John Smith, Esquires. house of burgesses complying with this order, the governor made the following speech: "HONORABLE GENTLEMEN, "God Almighty, I hope, will be graciously pleased so to direct, guide, and enable us, as that we may, to all intents and purposes, answer her majesty's writ by which this assembly was called, and by prorogation is now met in this her majesty Queen Anne her royal capitol; which being appointed by law for holding general assemblies and general courts, my hopes likewise are that they may continue to be held in this place for the promoting of God's glory, her majesty, and her successors' interest and service with that of the inhabitants of this her majesty's most ancient and great colony and dominion of Virginia, so long as the sun and moon endure. Gentlemen, her most sacred majesty having been graciously pleased to send me her royal picture and arms for this her colony and dominion, I think the properest place to have them kept in, will be this council chamber; but it not being as yet quite finished, I cannot have them so placed as I would. "By private accounts which I have from England, I understand her majesty hath lately thought fit to appoint a day of public fasting and humiliation there; but I have not yet seen her majesty's royal proclamation for it, which makes me not willing to appoint one here till I have. And had it not been for this, I designed that her majesty's royal picture and arms should have been first seen by you on St. George his day, and to have kept it as a day of public thanksgiving, it being the day on which her majesty was crowned, and bearing the name of his royal highness the Prince of Denmark, and likewise of the patron of our mother kingdom of England. "Honorable gentlemen, I don't in the least doubt but that you will join with me in paying our most humble and dutiful acknowledgments and thanks to her most sacred majesty for this great honor and favor which she hath been pleased to bestow upon your country, and in praying that she may have a long, prosperous, successful, and victorious reign, as also that she may in all respects not only equal, but even outdo her royal predecessor, |