forgiveness in open court on his knees, for speaking disrespectfully of the right honorable governor, Francis Morrison; and, at the next court held in Warwick County, to ask forgiveness of Captain John Ashton for defaming him, and to pay two thousand pounds of tobacco.

It was during this year, 1662, that Charles the Second married. Catherine, the Portuguese Infanta.

The court of Boston, in New England, having discharged a servant belonging to William Drummond, an inhabitant of Virginia, the assembly ordered reprisal to be made on the property belonging to inhabitants of the Northern colony to the amount of forty pounds sterling.*

Sir William Berkley returned in the fall of 1662 from England, having accomplished nothing for the colony, but having secured for himself an interest in a part of the Virginia territory, now North Carolina, granted to himself and other courtiers and court favorites. He brought out with him instructions from the crown, comprising directions relative to church matters; that the Book of Common Prayer should be read, and the sacrament administered according to the rites of the Church of England; that the churches should be well and orderly kept; that the number of them should be increased as the means might justify; that a competent maintenance should be assigned to each minister, and a house built for him, and a glebe of one hundred acres attached. It was further directed that no minister should be preferred by the governor to any benefice, without a certificate from the Lord Bishop of London; and that ministers should be admitted into their respective vestries; that the oaths of obedience and supremacy should be administered to all persons bearing any part of the government, and to all persons whatsoever of age in the colony. The last of these instructions is in the following words: "And because we are willing to give all possible encouragement to persons of different persuasions in matters of religion, to transport themselves thither with their stocks, you are not to suffer any man to be molested or disquieted in the exercise of his religion, so he be content with a quiet and peaceable enjoying it, not giving therein offence or scandal to the government; but we oblige

you in your own house and family to the profession of the Protestant religion, according as it is now established in our kingdom of England, and the recommending it to all others under your government, as far as it may consist with the peace and quiet of our said colony. You are to take care that drunkenness and debauchery, swearing, and blasphemy, be discountenanced and punished; and that none be admitted to publick trust and employment whose ill fame and conversation may bring scandal thereupon."

The spirit of toleration expressed in these instructions was insincere and hypocritical, and dictated by the apprehensions of a government yet unstable, and by a temporizing policy. In December, 1662, the assembly declared that "many schismatical persons, out of their averseness to the orthodox established religion, or out of the new-fangled conceits of their own heretical inventions, refuse to have their children baptized," and imposed on such offenders a fine of two thousand pounds of tobacco.

The act for the suppression of the sect of Quakers was now extended to all separatists, and made still more rigorous. Persons attending their meetings were fined, for the first offence, two hundred pounds of tobacco; for the second, five hundred; and for the third, banished. In case the party convicted should be too poor to pay the fine, it was to be levied from such of his sect as might be possessed of ampler means.

A Mr. Durand, elder in a Puritan "very orthodox church," in Nansemond County, had been banished from Virginia in 1648. In 1662, the Yeopim Indians granted to "George Durant" the neck of land in North Carolina which still bears his name. He was probably the exile. In April, 1663, George Cathmaid claimed from Governor Berkley a large tract of land on the borders of Albemarle Sound, in reward of having colonized a number of settlers in that province. In the same year Sir William Berkley was commissioned to organize a government over this newly settled region, which, in honor of the perfidious General Monk, now made Duke of Albemarle, received the name which time has transferred to the Sound.

* MS. (Virginia) in State Paper office, (London,) cited in Anderson's Hist of Colonial Church, ii. 548-9.

CHAPTER XXVIII.

1663.

Report of Edmund Scarburgh, Surveyor-General, of his Proceedings in establishing the Boundary Line between Virginia and Maryland on the Eastern Shore The Bear and the Cub-Extracts from Records of Accomac.

A CONTROVERSY existed between Virginia and Lord Baltimore relative to the boundary line on the Eastern Shore of the Chesapeake Bay. The dispute turned on the true site of Watkins' Point, which was admitted to be the southern limit of Maryland on that shore. The Virginia assembly, in 1663, declared the true site of Watkins' Point to be on the north side of Wicocomoco River, at its mouth, and ordered publication thereof to be made by Colonel Edmund Scarburgh, his majesty's surveyor-general, commanding, in his majesty's name, all the inhabitants south of that Point, "to render obedience to his majesty's government of Virginia." A conference with Lord Baltimore's commissioners was proposed in case he should be dissatisfied, and Colonel Scarburgh, Mr. John Catlett, and Mr. Richard Lawrence were appointed commissioners on the part of Virginia. Lawrence will reappear in Bacon's Rebellion. The surveyor-general was further directed "to improve his best abilities in all other his majesty's concerns of land relating to Virginia, especially that to the northward of forty degrees of latitude, being the utmost bounds of the said Lord Baltimore's grant, and to give an account of his proceedings therein to the right honorable governor and council of Virginia."*

Colonel Scarburgh's report of his proceedings on this occasion is preserved. He set out with "some of the commission, and about forty horsemen," an escort which he deemed necessary “to

* Hening, ii. 183.

This document, entitled "The Account of Proceedings in his Majt's Affairs at Anamessecks and Manokin, on the Eastern Shore of Virginia," is preserved in the records of Accomac County Court, and a copy, furnished by Thomas R.

repel the contempt" which, as he was informed, "some Quakers and a fool in office has threatened to obtrude." The party reached Anamessecks on Sunday night, the eleventh of October. On the next day, at the house of an officer of the Lord Baltimore, the surveyor-general began to publish the assembly's commands by repeatedly reading the act to the officer, who labored under the disadvantage of being unable to read. He declared that he would not be false to the trust put in him by the Lord-Lieutenant of Maryland. To this Colonel Scarburgh replied, "that there could be no trust where there was no intrust," (interest.) The officer declining to subscribe his obedience, lest he might be hanged by the Governor of Maryland, was arrested and held to security (given by some of Scarburgh's party) to appear before the governor and council of Virginia, and "the broad arrow" was set on his door. This matter being so satisfactorily adjusted, the colonel and his company proceeded to the house of a Quaker, where the act was published "with a becoming reverence;" but the Quakers scoffing and deriding it, and refusing their obedience, were arrested, to answer "their contempt and rebellion," and it being found impracticable to obtain any security, "the broad arrow was set on the door." At Manokin the housekeepers and freemen, except two of Lord Baltimore's officers, subscribed. "One Hollinsworth, merchant, of a northern vessel," at this juncture, "came and presented his request for liberty of trade;" which, Scarburgh suspecting to be "some plan of the Quakers," to defeat their design, "presumed, in their infant plantation, to give freedom of trade without impositions." Scarburgh gives a descriptive list of those who stood out against submitting to the jurisdiction of Virginia: one was "the ignorant yet insolent officer, a cooper by profession, who lived long in the lower parts of Accomac; once elected a burgess by the common crowd, and thrown out of the assembly for a factious and tumultuous person." George Johnson was "the Proteus of heresy," notorious for "shifting schismatical pranks." "He stands arrested," and "bids.

Joynes, Esq., the clerk, (himself a descendant of Colonel Edmund Scarburgh,) was published in 1833, by order of the legislature of Maryland. I am indebted to William T. Joynes, Esq., of Petersburg, for the use of this report, and for some other interesting particulars relating to the Eastern Shore.

defiance." "Thomas Price, a creeping Quaker, by trade a leather-dresser," and "saith nothing else but that he would not obey government, for which he also stands arrested." "Ambrose Dixon, a caulker by profession," "often in question for his Quaking profession," "a prater of nonsense," "stands arrested, and the broad arrow at his door, but bids defiance." "Henry Boston, an unmannerly fellow, that stands condemned on the records for fighting and contemning the laws of the country; a rebel to government, and disobedient to authority, for which he received a late reward with a rattan, and hath not subscribed; hides himself, so scapes arrest." "These are all, except two or three loose fellows that follow the Quakers for scraps, whom a good whip is fittest to reform."

On the 10th day of November, 1663, the county court of Accomac authorized Captain William Thorn and others to summon the good subjects of Manokin and other parts of the county, so far as Pocomoke River, to come together and arm themselves for defence against any that might invade them, in consequence "of the rumors that the Quakers and factious fools have spread, to the disturbance of the peace and terror of the less knowing."

The following extracts, from the records of the county court of Accomac, exemplify the simplicity of the times, and the quaint orthography, and the verbosity of the records of courts; while the final decision of the case is not less equitable than those of Sancho Panza, sometime Governor of the Island of Barataria, or those celebrated in Knickerbocker's History of New York.

"At a Court held in Accomack County, ye 16th of November, by his maties Justices of ye Peace for ye sd County, in ye Seaventeenth yeare of ye Reigne of or Sovraigne Lord Charles y Second, By ye Grace of God, of Great Britaine, France, and Ireland, King, Defender of ye Faith, &c.: And in y Yeare of of Lord God 1665.

"Whereas, Cornelius Watkinson, Philip Howard, and William Darby, were this Day accused by Mr. Jno. Fawsett, his maties Attory for Accomack County, for acting a play by them called ye Bare & ye Cubb, on ye 27th of August last past; upon examination of the same, The Court have thought fitt to suspend the Cause till ye next Court, & doe order yt the said Cornelius Wat