COLONIAL PRESIDENTS AND GOVERNORS
53
Spencer, Nicholas, president of the coun-
cil and acting governor after Lord Cnlpeper's
departure from Virginia, May 28, 1683. to the
incoming of Francis Lord Howard of Efifing-
ham in February. 1684. He was tlie son of
Nichohis Spencer, Esq., of Cople, in iJedford-
shire, England, by his wife Mary, daughter
of Sir bxhvard Gostwick. He first engaged
in merchandizing in London, and hke many
merchants became interested in X'irginia, to
which he emigrated in \()y). He settled in
Westmoreland county, where the parish of
Cople was named in honor of the home of his
family ; was a member of the house of bur-
gesses from 1666 to 1676; and was secretary of
state from 1679 till his death in 1689. Placed
by Lord Culpeper, who was his cousin, at the
heafl of the council, he succeeded him as acting
governor, on his departure from Virginia, in
September. 1683, according to an order issued
shortly before by the privy council establish-
ing the rule which was always afterwards fol-
lowed that the president of the council should
succeed to the executive duties in case of the
absence or death of the incumbent. Spencer's
administration was quiet, except for some in-
roads of the Seneca Indians, who were driven
otT with the aid of the tributary tribes. In
February, 1684, Lord Howard arrived, and
Spencer acted as one of his councillors till
his death. September 23, 1689. He married
Frances, daughter of Colonel John Mottrom.
of Northumberland county, and left several
children who have descendants in \'irginia.
How^ard, Francis, Baron of El^ngham, gov- ernor of \"irginia from February, 1684 to October 20, 1688, was a distant kinsman of Charles Lord Howard of Efifingham, who commanded the English fleet in 1688 in its famous battle with the Spanish Armada. lie
was son of Sir William Howard of Lingfield,
in Surrey count}', England, by his wife
b>ances, daughter of Sir George Courthope,
of Whiligh, county of Sussex, knight, and suc-
ceeded in 1 68 1 to the title of Lord Howard
of Effingham on the death of Lord Charles
Howard, grandson of the hero of the battle of
the Armada. He was commissioned governor
of \'irginia, Sei)tember 28, 1683, and arrived
in \'irginia in February, 1684. Among his
first proceedings was one to summon Robert
IJeverley before the council on the old charge
of instigating the plant cutters. Found guilty,
Beverley was released on his making an
humble and abject apology, wdiich doubtless,
like Nathaniel Bacon, Jr., on a similar occa-
sion, he regarded as a mere formality. It
was far from making him submissive to the
governor's will, and when the governor set to
work to exalt his prerogatives at the expense
of the liberties of the assembly, Beverley as
clerk, and his friend Philip Ludwell, firmly
resisted him. Hitherto the governors of Vir-
ginia had seldom, if ever, used their negative
on the laws of the assembly. Lord Howard
asserted this right, and was successful in
making it a part of the constitution ever after-
wards. He attempted to get the house to
authorize himself and the council to lay taxes
on urgent occasions, but failed. He exacted
a fee for attaching the seal of the colony to
land grants and. erecting a new court of chan-
cery, made himself a petty lord chancellor.
All who opposed him in any way were made
to feel the effects of resentment. Robert
F>everley was removed from his office as clerk
and Ludwell was susjiended from the coun-
cil. In one measure, at least, Howard deserved
the gratitude of the people. In the summer of
1684 he went to Albany, and there with the
governor of New York made a treatv with the
