Part 27 (2/2)

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.

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