Virginia under the Stuarts 1607-1688 Part 27

The Governor, even now, showed no inclination to put an end to the trials and executions. No sooner would the courts empty the jails of prisoners than he would fill them up again. The unhappy rebels, finding that the King's pardon gave them little protection, and that Berkeley excepted from it whom he wished, could not know where next the axe would fall.[769] None can say how far Sir William would have carried his revenge had not the a.s.sembly requested him "to hold his hand from all other Sanguinary punishment".[770] This brought him to his senses and he consented, though with extreme reluctance, to dismiss his witnesses and juries, and put an end to the executions. And even then "he found out a new way" to punish his victims, "ffyning some of their Treasons and Rebellions and condemning others to banishment to England".[771]

The Governor's extreme severity and the insatiable greed of the loyal party brought the colony to the verge of another rebellion. The people were deeply angered. Had there appeared any person to lead them, "bould and courageous ... that durst venture his neck", the commons were ready "to Emmire themselves as deepe in Rebellion as ever they did in Bacon's time".[772] For many months it was feared that Lawrence, "that Stubborn desperate and resolved Rebell", would emerge from seclusion to put himself at the head of a new swarm of mutineers.[773] Were he to appear at this juncture, not even the presence of the English troops could prevent Bacon's veterans from flocking to his standard. "Soe sullen and obstinate" were the people that it was feared they would "abandon their Plantacons, putt off their Servants & dispose of their Stock and away to other parts". Had England at this juncture become involved in a foreign war, the Virginians would undoubtedly have sought aid from the enemies of the mother country.[774]

Nor could the people expect relief or justice from the General a.s.sembly which met at Green Spring, February the twentieth, 1677.[775] The elections had been held soon after the final collapse of the Rebellion, amid the general terror inspired by the numerous executions, and had resulted in an overwhelming victory for the loyalists. In many counties, staunch friends of the Governor had been put in nomination, and the commons given an opportunity of showing the sincerity of their repentance by electing them to the a.s.sembly. William Sherwood declared that most of the Burgesses were Berkeley's "owne Creatures & choase by his appointments before the arrivall of the Commissioners".[776] In several places fraud as well as intimidation seems to have been used to secure the election of loyalists. The commons of Charles City complained that there had been illegal voting in their county and seventy of them signed a pet.i.tion, demanding a new election, which they posted upon the court house door.[777] That the a.s.sembly was in no sense representative of the people seems to have been recognized even in England, for some of the King's ministers declared that it had been "called when ye Country was yet remaining under great distractions, and uncapable of making their Elections after ye usual manner".[778]

Certain it is, that the House of Burgesses as well as the Council, was filled with ardent loyalists and friends of the Governor. They pa.s.sed several acts confirming all Berkeley's recent measures, and inflicting further punishment upon the luckless rebels.[779] Some that had escaped the gallows were forced to pay heavy fines, others were banished.[780]

Many were compelled to make humble submission, with ropes around their necks, upon their knees before the Governor or the county magistrates.

Large sums of money were voted to reward the most active of Berkeley's supporters. All that had held command among the rebels, even Ingram and Walkelett, were made forever "incapable of any office civil or military in Virginia". To speak ill of the Governor and Council or of the justices of the peace, was declared a high crime, punishable by whipping. If the people, to the number of six, a.s.sembled in arms, they were to be considered mutineers and rebels. And the Burgesses showed great reluctance to reduce their own salaries, which the people considered so excessive. The Governor feared to insist upon it, "least perhaps he might thereby disoblige and thwart his own ends and interest in the a.s.sembly", and only the positive commands of the King, delivered to them by the commissioners, could induce them to make any reduction at all.[781]

They pa.s.sed resolutions praising the wisdom, the bravery, the justice and integrity of the Governor, and exonerating him for all blame for the outbreak of the Rebellion.[782] "The distempered humor predominant in the Common people", which had occasioned the insurrection, they declared the result of false rumors "inspired by ill affected persons, provoking an itching desire in them to pry into the secrets of the grand a.s.sembly".[783] They snubbed the King's commissioners, replying to their request for a.s.sistance in discovering the common grievances that the a.s.sembly alone was the proper body to correct the people's wrongs.[784]

Yet when the commons did come to the Burgesses with their complaints they were repulsed with harsh reproofs and even severe punishment.

Certain grievances from Isle of Wight county were denounced as "libellous, Scandalous and rebellious" and "the chiefe persons in the Subscriptions" were to be punished "to the merits of their Crymes".[785]

A pet.i.tion from Gloucester county was declared to savor so strongly of the "old leaven of rebellion" that it must be expunged from the records.

When the people of Nansemond appealed for a more just method of taxation, they were answered briefly, "It is conceived the pole is the equallest way."[786]

One is inclined to wonder why the people, thus finding the a.s.sembly but an instrument of oppression in the Governor's hands, did not turn eagerly for support and relief to the King's commissioners. These men had invited them to bring in all their pressures, without restraint or fear of punishment. His Majesty, they announced, was anxious to know what had caused them to rise against his authority. All just complaints would be carefully considered and all grievances redressed.[787] But dread of Sir William's anger held the people back. Their chief grievance was the old Governor himself, but there were few that dared say so, even with the promise of the King's protection. The commissioners wrote Secretary Coventry that until "the awe of his stay" was removed, they could "never thoroughly search and penetrate into the bottome of the Businesse".[788] Berkeley, they said, continually impeded their investigations and prevented the people from testifying. It might be necessary for Colonel Jeffreys to send him home, before the mists he cast before them could be dispelled.[789] When he was gone, a short time would show boldly those things that as yet only cautiously peeped forth.[790]

The violent opposition which the commissioners encountered from the Governor and the loyalists soon forced them to become the leaders of the defeated party. The poor people looked forward with hope to the day when Sir William would leave and Colonel Jeffreys a.s.sume control of the executive. Then, they were sure, the persecutions would end and justice be done them.

The hatred and contempt of the Governor's friends for Colonel Jeffreys and his colleagues is shown by an interesting and unique incident.

Having heard that Sir William was at last preparing to sail for England, they went to Green Spring, on the twenty-second of April, to bid him farewell.[791] This they thought due his dignity and rank, even though their relations with him had been far from cordial.[792] As they left the house, after paying their respects to the Governor and his lady, they found Sir William's coach waiting at the door to convey them to their landing.[793] But before they rode away a strange man came forward, boldly putting aside the "Postillion that used to Ryde" and got up himself in his place. The Governor, several Councillors, and others saw what occurred, but did not offer to interfere. Lady Berkeley went "into her Chamber, and peep'd through a broken quarrell of the Gla.s.s, to observe how the Show look'd".[794] After reaching their boat, the commissioners found to their horror that the strange postilion was none other than the "Common Hangman that ... put the Halters about the Prisoner's Necks in Court when they were to make their submission". This seemed to them so gross an insult, not only to the "Great Seal", but to their "persons as Gentlemen", that they were resolved to make his Majesty himself acquainted with it.[795] "The whole country rings of ...

the public Odium and disgrace cast upon us," they said, "as the Exchange itselfe shortly may."[796]

It is probable that Lady Berkeley alone was responsible for this incident, which, as the commissioners themselves said, looked "more like a woman's than a man's malice".[797] The Governor denied with pa.s.sionate vehemence that he was in any way guilty. "I have sent the Negro[798] to be Rebuked, Tortur'd or whipt, till he confesse how this dire misfortune happen'd," he wrote the commissioners, "but I am soe distracted that I scarce know what I doe."[799]

Even before Berkeley left the colony Colonel Jeffreys issued a proclamation, formally taking possession of the government.[800] For some time it had been apparent that the Lieutenant-Governor's long delay in entering upon his duties was greatly weakening him in the estimation of the people. Since he had been forced to sit idly by for several months while Sir William carried to completion matters of the utmost importance, and had not dared to take his office so long as it pleased the old man to linger in the colony, many thought, quite naturally, that he could not have been entrusted with full authority to act as Governor.

And this opinion had been industriously furthered by the loyal party.

The departure of Sir William, they declared, did not mean a permanent change of administration. Jeffreys was to act only as his deputy during his absence and would retire upon his return.[801] Feeling that these views, if universally accepted, would undermine his influence and authority, Jeffreys entered a vigorous denial in his proclamation. He had been appointed, he declared, to exercise the power of Governor, as fully as Berkeley or any of his predecessors had done. No man should dare to belittle his office or authority. Berkeley was going home at his own request because his great age and infirmities rendered him unfit to sustain further the burdens of his position. The new executive had refrained from a.s.suming his duties earlier, "because an a.s.sembly being ... ready to convene, the issueing forth a new Summons ... must needs have greatly r.e.t.a.r.ded the publique Weale".[802] Nor did he scruple to claim the full t.i.tle of "Governour and Captain Generall of Virginia".

This proclamation aroused Berkeley's deepest ire. "Your ejecting me," he wrote Jeffreys, "from having any share in the Government whilst yet I am in the Countrey ... I beleeve can neither be justified by your Comision nor mine." "You say that his Majesty out of the knowledge of my inability to govern did surrogate so able a man as Coll: Jeffreys to supply my defects. I wish from my heart Coll: Jeffreys were as well known to the King and Counsel as Sir William Berkeley is, for then the difference would be quickly decided." The letter was addressed to the "Right honorable Coll: Herbert Jeffreys, his Majesty's Lieutenant Governor of Virginia", and was signed "William Berkeley, Governor of Virginia till his most Sacred Majesty shall please to determine otherwise".[803]

In the meanwhile the letters of the commissioners, reporting Berkeley's disobedience to the King's commands, had arrived in England. Charles was angered, not only at his delay in surrendering the government, but also at his presumption in disregarding the royal proclamation of pardon.

"You may well think," he wrote Berkeley, "we are not a little surprised to understand that you make difficulty to yield obedience to our commands, being so clear and plain that we thought no man could have raised any dispute about them. Therefore ... we do ... command you forthwith ... without further delay or excuse (to) repair unto our Presence as We formerly required you."[804]

Secretary Coventry wrote even more severely. We understand, he said, that to the King's clear and positive orders for you to resign the government to Colonel Jeffreys, "upon certain pretences which are no wayes understood here, you have delayed at least if not refused obedience.... His Majesty ... seemeth not a little surprised as well as troubled to find a person that had for so many years served his Royal Father and himself through ye worst of times with so unshaken a loyalty, and so absolute obedience and resignation, should now at one time fall into two such great errors as to affront his Proclamation by putting out one of his owne at ye same time with his, and in that to exempt several persons from pardon, which were by the King's owne Proclamation made capable of Pardon; then after positive orders given for your immediate return ... you yet stay there ... and continually dispute with his Majesty's commissioners. I will a.s.sure you, Sir, his Majesty is very sensible of these miscarriages, and hath very little hopes that ye people of Virginia shall be brought to a right sense of their duty to obey their Governours when the Governours themselves will not obey the King. I pray you, Sir, ... take not councell from your owne nor any other body's pa.s.sion or resentment, to take upon you to judge either conveniency or not conveniency of the King's orders, but obey them, and come over; and whatever you have to say ... you will be heard at large."[805]

Even before these letters were written Sir William had left the colony.

He had embarked for England, May the fifth, in Captain Larrimore's st.u.r.dy s.h.i.+p which had stood him in such good stead in the hour of need.[806] But the old man, worn out by his violent pa.s.sions and unusual exertions, was physically unfit for the long voyage across the Atlantic.

He became very ill on s.h.i.+pboard, and reached England a dying man. "He came here alive," wrote Secretary Coventry, "but so unlike to live that it had been very inhumane to have troubled him with any interrogacons."[807] The news of the King's displeasure at his conduct added much to his suffering. He pleaded for an opportunity "to clear his Innocency" even though the "tedious pa.s.sage & griefe of mind" had reduced him "to extreame weaknesse".[808] That Charles did not refuse him this privilege is attested by a letter written to Berkeley by Secretary Coventry. "I am commanded by his Majesty," he said, "to let you know that his Majesty would speake with you as soone as you can, because there are some s.h.i.+ps now going to Virginia, and his Majesty would see what further Instructions may be necessary to be sent by them."[809] But Berkeley could not attend the King, either to give information or to plead his own cause. His condition rapidly became critical, and a few days later he died.[810]

Hardly had Sir William breathed his last than Thomas Lord Culpeper "kissed the King's hand as Governour".[811] This n.o.bleman had received a commission, July 8, 1675, which was to take effect immediately upon the death, surrender or forfeiture of the office by Berkeley.[812] It had never been Charles' intention that Colonel Jeffreys should remain permanently at the head of the government of Virginia, and he now notified him to prepare to surrender his office to the new Governor.[813] The King, who felt that the unsettled condition of Virginia required Culpeper's immediate presence, ordered him to depart "with all speed", and told the colonists they might expect him by Christmas "without fayle".[814] But this pampered lord, accustomed to the luxury of the court, had no desire to be exiled in the wilderness of the New World. By various excuses he succeeded in postponing his departure for over two years, and it was not until the spring of 1680 that he landed in Virginia.[815] Thus, for a while, Colonel Jeffreys was left as the chief executive of the colony.

In the meanwhile the commissioners, freed from the baleful presence of the old Governor, were continuing their investigation into the causes of the Rebellion. Berkeley had advised them, when they first announced their mission, to carry out their work through the county courts.[816]

But they had refused to accept this plan. The justices were almost all henchmen of Sir William, many were hated by the people and some were the objects of their chief accusations. Had the investigation been intrusted to their hands, they would most certainly have suppressed the princ.i.p.al complaints.[817] The commissioners, therefore, appointed especial officers in the counties to hear the people's grievances, draw them up in writing and bring them in for presentation to the King.[818] Even then the loyal party attempted, by intimidation, to prevent the commons from explaining without reserve what had caused them to take up arms against the government. Sir William, they were careful to report, would most certainly return, and any that dared charge him or his friends with corruption might expect the severest punishment.[819] But the announcement by the commissioners that his Majesty himself had promised his protection to all informants relieved the fears of the people and many came forward with the story of their wrongs.[820] These seem to have been faithfully drawn up by the officers and in time presented to the King.

The loyal party complained loudly that the commissioners used in this matter none but the enemies of the Governor.[821] Lord John Berkeley declared that they had sought information from such only as were known "to be notorious actors in the rebellion".[822] But the commissioners were undoubtedly right in insisting that all grievances should come from those that had been aggrieved. They themselves, they declared, were not responsible for the truth of the charges; their function was only to receive and report them. The King had sent them to Virginia to make the royal ear accessible to the humblest citizen. This could be done only by brus.h.i.+ng aside the usual channels of information and going directly to the commons themselves. That some of the accusations were exaggerated or even entirely false seems not improbable; many were undoubtedly true.

Posterity must accept them, not as the relation of established truth, but as the charges of a defeated and exasperated party.

In their work of investigation the commissioners found that they had need of the records of the House of Burgesses. In April, 1677, after the adjournment of the session at Green Spring, they came to Major Robert Beverley, the clerk of the a.s.sembly, and demanded "all the Originall Journals, Orders, Acts", etc., then in his custody.[823] Beverley required them to show their authority, and this they did, by giving him a sight of that part of their commission which concerned his delivery of the records.[824] He then offered to allow them to examine any of the papers necessary to the investigation, but he refused absolutely to relinquish their custody.[825] The commissioners, who distrusted Beverley and perhaps feared that he might conceal the records, "took them from him by violence".[826]

When the a.s.sembly met in October, 1677, the House of Burgesses sent a vigorous protest to Colonel Jeffreys against these proceedings of the commissioners. Their action, they declared, "we take to be a great violation of our privileges". The power to command the records which the commissioners claim to have received from the King, "this House humbly suppose His Majesty would not grant or Comand, for that they find not the same to have been practiced by any of the Kings of England in the likewise.... The House do humbly pray your Honour ... will please to give the House such satisfaction, that they may be a.s.sured no such violation of their privileges shall be offered for the future."[827]

When Charles II heard of this bold protest he was surprised and angered.

It seemed to him a "great presumption of ye said a.s.sembly ... to call in Question" his authority.[828] Referring their representation to the Lords of Trade and Plantations, he directed them "to examine ye same, & to Report" what they thought "fitt to be done in Vindication of ...

(the) Royall Authority, & for bringing the said a.s.sembly to a due sence & acknowledgement of their Duty & Submission".[829] The Lords gave it as their opinion that the declaration was so "Seditious, even tending to Rebellion", that the new Governor should be directed to rebuke the a.s.sembly and punish the "authors and abettors of this presumption".[830]

The King commanded Lord Culpeper to carry these recommendations into effect. On the third of July, 1680, Culpeper brought the matter before the Virginia Council, preparatory to delivering the rebuke. But the Councillors made a vigorous defense of the action of the a.s.sembly, and unanimously advised the Governor to suspend the execution of the King's command.[831] After some hesitation, Culpeper yielded, and the matter was referred back to the Privy Council. Charles was finally induced to rescind the order, but he insisted that all reference to the declaration "be taken off the file and razed out of the books of Virginia".[832]

The work of the commission being completed, Berry and Moryson, in July, 1677, sailed with the royal squadron for England.[833] Their report, which was so damaging to the Virginia loyalists, was not allowed to go unchallenged. Sir William Berkeley, upon his death bed, had told his brother, Lord John Berkeley, of the hostility of the commissioners, and charged him to defend his conduct and character. And Lord Berkeley, who was a member of the Privy Council and a man of great influence, did his best to refute their evidence and to discredit them before the King.[834] Their entire report, he declared, was "a scandalous lible and invective of Sir William ... and the royal party in Virginia".[835] His brother's conduct had been always prudent and just, and it was noticeable that not one private grievance had ever been brought against him before this rebellion.[836] The meetings of Lord Berkeley with the commissioners in the Council chamber were sometimes stormy. On one occasion he told Berry, "with an angry voice and a Berklean look, ...

that he and Morryson had murdered his brother". "Sir John as sharply returned again" that they had done nothing but what they "durst justify".[837]

As the other members of the Privy Council protected the commissioners, and upheld their report, the attacks of the angry n.o.bleman availed nothing. Secretary Coventry averred that Berry and Moryson had been most faithful in carrying out the King's directions, and he showed his confidence in their honesty and their judgment by consulting them upon all important matters relating to the colony.[838] And for a while, their influence in shaping the policy of the Privy Council in regard to Virginia was almost unlimited.

Nor did they scruple to use this great power to avenge themselves upon those men that had so antagonized them and hindered their investigation.

Robert Beverley they represented to the Privy Council as a man of low education and mean parts, bred a vulgar seaman and utterly unfit for high office.[839] Colonel Edward Hill was the most hated man in Charles City county.[840] Ballard, Bray and some of the other Councillors were rash and fiery, active in opposing the King's orders and unjust to the poor people.[841] The Privy Council was so greatly influenced by these representations that they determined to reconstruct the Virginia Council, upon lines suggested by Berry and Moryson. Colonel Philip Ludwell, Colonel Ballard and Colonel Bray were expressly excluded from the Council, while Colonel Hill and Major Beverley as "men of evil fame and behavior" were deprived of all governmental employment whatsoever, and "declared unfit to serve His Majesty".[842] On the other hand, Colonel Thomas Swann, who had been excluded from the Council by Governor Berkeley, was now, for his kindness to the commissioners, restored to his seat.[843]

The departure of Sir William Berkeley by no means ended the opposition to Colonel Jeffreys. A part of the Council, realizing that continued hostility could result only in harm to themselves, made their peace with the new administration, and were received into favor, but the more violent of the loyal party remained defiant and abusive. Philip Ludwell, Beverley, Hill, Ballard and others openly denounced Jeffreys as a weakling, entirely unsuited for the important office he now occupied, and did their best to render him unpopular with the people.[844] The Lieutenant-Governor retaliated with considerable spirit, depriving some of their lucrative offices, and suspending others from the Council.

Ludwell, whose conduct had been especially obnoxious, was ousted from the collectors.h.i.+p of York River.[845] Ballard was expelled from a similar office.[846] And many months before the changes in the Council ordered by the English government became known in Virginia, no less than six of the most active loyalists had been suspended by the Lieutenant-Governor.[847]

But events soon took a more favorable turn for the Berkeley party. The departure of Berry and Moryson deprived Jeffreys of his staunchest friends and advisors. And, before the end of the summer, he was prostrated by the Virginia sickness, which was still deadly to those unaccustomed to the climate of the colony. For several months he was too ill to attend properly to his duties or to resist the machinations of his enemies, and the government fell into the hands of the Council.[848]

And since this body, despite its pretended support of the Lieutenant-Governor, was at heart in full sympathy with Beverley and Ludwell and the other loyalists, the policy of the administration was once more changed. The work of extortion was actively resumed and the courts again busied themselves with suits against the former rebels.[849]

But consternation seized the Green Spring faction, as the loyalists were now called, upon the arrival of the King's order, annulling Berkeley's proclamation of February 10, 1677, and reaffirming the general pardon.[850] If this command were put into effect, most of the confiscations secured since the Rebellion, would become illegal, and rest.i.tution would have to be made. So desperately opposed to this were the loyalists that they resolved to suppress the King's letter. They believed that it had been obtained by the influence of the commissioners, and this, they hoped, would soon be rendered nugatory by the presence at court of Sir William Berkeley. If they could keep the order secret for a few weeks, new instructions, dictated by the Governor, might arrive to render its execution unnecessary. Colonel Jeffreys protested against their disobedience, but he was too weak to oppose the will of the Council.[851] So, for six weeks, his Majesty's grace "was unknown to ye poore Inhabitants", while the innumerable suits and prosecutions were pushed vigorously. Not until October the twenty-sixth, when all hope of its revocation had been dispelled by fresh information from England, did the Council consent to the publication of the letter.[852]

In September, 1677, writs were issued for an election of Burgesses.[853]

Had Jeffreys not been ill, he would perhaps have refused to allow a new session of the a.s.sembly. The contest at the polls could but result in a victory for the Green Spring faction, as the electoral machinery was in their hands. The Lieutenant-Governor, although he had removed some of the higher colonial officials, had made few changes in the personnel of the county courts.[854] The sheriffs, by resorting to the old methods, made sure of the election of most of the nominees of the loyal party.

Complaints came from James City county, New Kent county and other places that intimidation and fraud had been used to deprive the people of a fair election.[855] If we may believe the testimony of William Sherwood, the Berkeley faction carried things with a high hand. "The Inhabitants of James City County," he wrote, "did unanimously elect me a Burgess ...

but several of my professed enemies ... procured another writt for a new election, with a positive command not to choose me. The people then being under amazement consented to whome soever the Sheriffe would returne, & so my enemies to make their party the stronger in ye house ... causd three Burgesses to serve for James City County."[856]

"By this means," wrote Colonel Daniel Parke, "and by persuading the burgesses that Sir William Berkeley was coming in Governour again, (the loyal party) got all confirmed that was done at the a.s.sembly before held at Greene Spring."[857] In order to compensate themselves for their great losses and to fulfil the promises made by Berkeley to his followers during the Rebellion, they levied a tax upon the people of one hundred and ten pounds of tobacco per poll. "This with the county tax and parish tax," said Parke, "is in some counties 250lbs, in some 300, and in some 400lbs, which falls very heavie upon the poorer people." The county grievances were again rejected by the Burgesses as false and scandalous, and the persons presenting them were severely punished.[858] But the a.s.sembly expressed an earnest desire to bring about a reconciliation between the hostile factions in the colony, and prescribed a heavy penalty for the use of such opprobrious epithets as "traytor, Rebell Rougue, Rebell", etc.[859]

The news of Berkeley's death was a severe blow to the Green Spring party. All the hope they had entertained that he would accomplish the overthrow of the work of the commissioners, at once fell to the ground.

But they were somewhat consoled by the appointment of Lord Culpeper.

This n.o.bleman was related to Lady Berkeley, and they had good reason to believe he would reverse the policy of the present administration and ally himself with the loyalists.[860]

In the meanwhile the Lieutenant-Governor was regaining his health and spirits, and was taking a more active part in public affairs. He had been deeply angered with Colonel Philip Ludwell for his many insults, and he now determined to prosecute him "for scandalizing the Governor, and abusing the Authority of his Majesty".[861] Ludwell's unpardonable crime, it would seem, consisted in calling Jeffreys "a pitiful little Fellow with a perriwig".[862] He had also been heard to say that the Lieutenant-Governor was "a worse Rebel than Bacon", that he had broken the laws of Virginia, that he had perjured himself, that he "was not worth a Groat in England". Nor was it considered a sufficient excuse that Ludwell had made those remarks immediately after consuming "part of a Flaggon of Syder".[863] The jury found him guilty of "scandalizing the Governor", but acquitted him of any intention of abusing his Majesty's authority. The General Court, upon the motion of Colonel Jeffreys, referred the case to the King and Privy Council, that they might "advise a punishment proportionable to the offence".[864] Against this decision the defendant, as he had an undoubted right to do, appealed to the General a.s.sembly. Ludwell felt, no doubt, that should the appeal be allowed, his great influence in the House of Burgesses would secure him a light sentence. But the court declared the case so unprecedented that the whole matter, including the question of appeal, must be decided by the King.

With the return of hot weather, Colonel Jeffreys, not yet being acclimated, or "seasoned", as the Virginians expressed it, again became seriously ill.[865] The Council elected a president to act in his place and once more a.s.sumed control of the administration.[866] The Green Spring faction, whom only the Lieutenant-Governor could restrain, again lifted its head and endeavored "to continue their old exactions & abuses".[867] Feeling, perhaps, a sense of security in their remoteness from the King, which made it impossible for him to watch their actions closely, or to mete out to them prompt punishment, they still disregarded his pardon and his reiterated commands.[868] "The colony would be as peaceful as could be wished," wrote William Sherwood in August, 1678, "except for the malice of some discontented persons of the late Governor's party, who endeavour by all ye cunning contrivances that by their artifice can be brought about, to bring a Contempt of Colonel Jeffreys, our present good Governor.... Those persons who are the troublers of the peace ... are ... Lady Berkeley, Colonel Philip Ludwell, Colonel Thomas Ballard, Colonel Edward Hill, Major Robert Beverley, all of which are cherished by Mr. Secretary Ludwell (who acts severely.) It is to be feared, unless these fiery Spiritts are allayed or removed home, there will not be that settled, happy peace and unity which otherwise might be, for they are entered into a faction, which is upheld by the expectation of my Lord Culpeper's doing mighty things for them & their interest."[869]

Colonel Jeffreys died in November, 1678.[870] It was the fortune of this Governor to come to the colony in one of the greatest crises of its history. Had he been a man of ability and firmness he could have rendered the people services of great value. He might have put an end to the reign of terror inaugurated by Berkeley, prevented the unending law suits, confiscations and compositions, reorganized the county courts and a.s.sured to the people a fair election of Burgesses. He seems to have wished to rule justly and well, but he was too weak to quell the strife between the rival factions and bring quiet to the distracted colony.

So bitter was the loyal party against Colonel Jeffreys, that after his death they sought to revenge themselves upon his widow. The Lieutenant-Governor had received no part of his salary from March, 1678, to the day of his death, and had, as a result, incurred considerable debt. As Mrs. Jeffreys was unable to meet all her husband's obligations, she was detained in Virginia, and, according to one account, thrown into prison.[871] "'Tis plain," she wrote Secretary Coventry, "they seek my Life in malice to my husband, though none of them can tax him with any injustice.... I cannot hope to outlive this persecution, but I most humbly beseech you to intercede for me to his Majesty, that my child may not be ruined."[872] Mrs. Jeffreys later received the arrears due her husband, and was thus enabled to free herself from the power of her enemies.[873]

Upon the death of Colonel Jeffreys, Sir Henry Chicheley, by virtue of a commission granted in 1674, a.s.sumed control of the government.[874] The new Governor had long served with distinction in the Council, and seems to have been a "most loyal, worthy person and deservedly beloved by the whole country".[875] But he was now too "old, sickly and crazy" to govern the colony with the vigor and firmness that were so greatly needed.[876] During the eighteen months of his administration the people were "not reconciled to one another", and "ill blood" only too often was manifested by both factions.[877]

Sir Henry had himself been a severe sufferer by the Rebellion. He had fallen into Bacon's hands and had even, it would seem, been threatened with death, in retaliation for Berkeley's execution of Captain Carver.

Yet he attempted to rule impartially and well. Writs were issued in the spring of 1679 for an election of Burgesses, and the people were protected from intimidation at the polls. The a.s.sembly, as a result, showed itself more sane, more sensitive to the wishes of the commons, than had been either of the sessions of 1677.[878] Several laws were enacted redressing some of the most flagrant evils of the old governmental system of Berkeley. The voters of each parish were empowered to elect two men "to sitt in the severall county courts and have their equall votes with the severall justices for the makeing of by lawes".[879] An act was pa.s.sed putting a limit upon the excessive fees charged by the collectors of the customs.[880] And the clamor of the loyalists for the payment of their claims upon the treasury were unheeded, and all public debts were referred for settlement to the next session.[881]

Chicheley's administration came temporarily to an end with the arrival of Lord Culpeper. The period from the close of the Rebellion to May, 1680, when the new Governor-General took the oath of office, seems, at first sight, characterized only by confusion and disaster. The violent animosities, the uncertainty of property rights, the lack of a firm and settled government kept the people in constant uneasiness and discontent. The numerous banishments and executions had deprived the colony of some of its most intelligent and useful citizens, while the plundering of both parties during the Rebellion, and the numberless forfeitures that followed the establishment of peace, had reduced many men to poverty. Nor had the most pressing of the grievances that had caused the people to rise against the government been redressed. The Navigation Acts were still in force, the commons were yet excluded from their rightful share in the government, the taxes were more oppressive than ever.