CHAPTER VI

RECONSTRUCTION AND DESPOTISM

When the news of Bacon's Rebellion reached Charles II he thought it past

belief that "so considerable a body of men, without the least grievance

or oppression, should rise up in arms and overturn the government." He

did not stop to consider that he himself, by giving away huge areas in

the colony to favorites, was in part responsible, or that the passage of

the Navigation Acts and the consequent precipitous break in the price of

tobacco could be called a grievance. As for Berkeley's policy of rule by

placemen, if he knew anything about it, he could but reflect that he

himself had set the example.

But he realized that something had to be done, not only to restore

order, but to remove at least some of the causes of discontent. So he

appointed Colonel Herbert Jeffreys, Sir John Berry, and Colonel Francis

Moryson a committee to go to Virginia to enquire into all grievances and

report back to him. As for Berkeley, though he was to retain the title

of Governor, he was ordered to return to England "with all possible

speed." During his absence Jeffreys was to be Lieutenant Governor, with

all the powers of Governor.[1]

The King then drew up a proclamation, which he directed Jeffreys to

publish in the colony, stating that he was willing to extend his royal

compassion to all except Bacon who would return to their duty and

obedience, and authorizing the Governor in his name to pardon all he

thought "fit and convenient for our service."[2] But he mingled force

with leniency by placing a thousand well-equipped men under Jeffrey's

command. For the second time within twenty-five years an English

expedition set sail to bring the Virginians to "obedience." Berry and

Moryson, with part of the army, arrived in the James River in January,

1677, and Jeffreys soon followed with the rest.[3]

They found the colony in a deplorable condition. With the people bitter

and sullen, with neighbor arrayed against neighbor, with hundreds of

houses and barns in ashes, with trade disrupted, there was need for

unselfish and statesmanlike guidance. There should have been an

immediate restoration of the rule of law, so that no man could be made

to suffer without a trial before his peers. There should have been an

election of Burgesses, in which the people could make their choices

without pressure from the Governor and the Council. There should have

been an honest effort to assuage flaming resentments, to give heed to

the people's grievances, to unite all classes in binding up the wounds

of war and bringing peace and some measure of prosperity to the

distracted colony.

The situation was not unlike that in the South at the close of the War

between the States. And as the South, after the assassination of

President Lincoln, was left a prey to vultures--the so-called

Carpetbaggers and Scaliwags--Virginia after the collapse of Bacon's

Rebellion, was sacrificed to the vindictiveness and greed of Berkeley

and his supporters.

"Two wrongs do not make a right." Though a loyalist may have suffered

severely by the plundering of rebel bands, he was not justified in

trying to make good his losses by robbing a neighbor, even though that

neighbor had sided with Bacon. But the Governor, instead of insisting

that his friends seek restitution only through the courts, himself was

foremost in making illegal seizures. When he returned to Green Spring,

the sight of his plundered house and barns, and the empty meadows where

once hundreds of cattle and sheep had grazed drove him to fury. He

showed "a greedy determination thoroughly to heal himself before he

cared to staunch the bleeding gashes of the woefully lacerated country,"

by seizing men's "estates, cattle, servants, and carrying off their

tobacco."[4] Some of the wretched men who were dragged before him he

threatened with hanging unless they gave him most or all that they

owned. A certain James Barrow was imprisoned at Green Spring, where "by

reason of the extremity of cold, hunger, loathsomeness of vermin," he

was forced to agree to the payment of a ruinous composition.[5]

The King's commissioners received a cool reception from Berkeley. He

wanted no investigation of the causes of the rebellion, he wanted no

interference with his hangings and seizures. He pointed out that he had

suppressed the rebellion before the arrival of the troops, and pretended

to be surprised that the King had thought it necessary to send them.[6]

When the commissioners told him that illegal seizures must stop, he flew

into such a rage that they decided that future communication with him

should be by writing. This would avoid the "loud and fierce speaking"

necessitated by his deafness.[7]

But there must have been "loud and fierce speaking" indeed when the

commissioners went to Green Spring and showed Berkeley the King's

proclamation of pardon, and the order that he return immediately to

England. All his life Berkeley had regarded the King's command as

sacred. To resist his will was as wicked as it was illegal. But now, on

flimsy pretexts, he deliberately disobeyed him. He postponed his

departure for three months, declaring that the word "conveniency" gave

him the right to remain as long as he wished. He did publish the

proclamation, but here again he found an excuse to balk the King's

obvious intent to pardon all save Bacon. Issuing a proclamation of his

own he "saw fit" to exempt from pardon not only a long list by name, but

all persons then in prison charged with rebellion. Since the jails were

overflowing, this left scores of miserable men trembling for their

lives.

So the trials and executions continued. Gyles Bland, despite the

pleading of influential friends in England, was hastened off to the

gallows. When Robert Jones showed the wounds he had received fighting

for the King in the Civil War, Moryson pleaded with Lady Berkeley to

intercede for him. "I would with more easiness of mind have worn the

canvas linen the rebels said they would make me glad of," replied this

proud lady.[8] Yet she weakened, and the Governor did pardon him. Others

were not so fortunate. Not until the Assembly requested him "to hold his

hand from all other sanguinary punishment," after a score or more had

paid the extreme penalty, did he put an end to the executions.[9]

Yet the Assembly was overwhelmingly loyalist. If we may believe William

Sherwood most of the Burgesses were Berkeley's "own creatures and chose

by his appointments before the arrival of the commissioners."[10] In the

elections intimidation and even fraud were used freely. Jeffreys wrote

that the Assembly "by reason of the unsettled condition of the country

was not so legally nor freely elected."[11] In Charles City County a

petition was posted on the courthouse door demanding a new election on

the grounds that there had been illegal voting.[12]

As was to be expected, this Assembly backed Berkeley in all he had done

and was doing. They praised his wisdom, bravery, justice, and integrity.

They did their best to block the commissioners in their inquiry into the

causes of the rebellion. When the people presented their grievances they

were denounced as "libellous, scandalous, and rebellious."[13] Many

former rebels were forced to make humble submission on their knees

before the Governor and Council, with ropes around their necks.[14] Some

were attainted, some were banished. To speak ill of the Governor and

Council was made a high crime punishable by whipping.

The people were deeply angered by the brutality of the Governor and his

puppet Assembly. Governor Notley, of Maryland, thought that, should a

leader appear who was bold enough to risk his neck, "the commons of

Virginia would enmire themselves as deep in rebellion as ever they did

in Bacon's time."[15] Many a sullen planter eyed his fusil longingly, in

the hope that Lawrence might emerge from the forests to head a new

mutiny.[16] "The putrid humor of our unruly inhabitants are not so

allayed, but that they do frequently vent themselves ... and were they

not awed by the overruling hand of his Majesty would soon express

themselves by violent acts," wrote Secretary Nicholas Spencer.[17] That

the Assembly was not unconcerned at the danger is shown by their

re-enacting in much the original form of several of Bacon's reform laws.

Berkeley and his friends treated Jeffreys with contempt. "A pitiful

little fellow with a periwig," Philip Ludwell called him.[18] But it

took a woman's spite to give him the greatest insult. When the

commissioners heard that at last Berkeley was about to leave for

England, they called on him at Green Spring. On leaving they found the

Governor's coach waiting for them at the door. They did not realize that

Lady Berkeley was peeping through "a broken quarrel of glass to observe

how the show looked." But they were horrified to learn on reaching their

destination that the coachman was the "common hangman." "The whole

country rings of ... the public odium and disgrace cast on us, as the

Exchange itself shortly may," they wrote.[19]

It was on May 5, 1677, that Berkeley sailed for England on the

_Rebecca_. The passage, though quick, was a terrible one for him. As he

paced the deck, he could but reflect that the time was at hand when he

must account to his royal master, not only for the failure of his

administration, but for his flagrant disobedience. By the time he

reached England the "tedious passage and grief of mind" had reduced him

to great weakness. But he pleaded for an opportunity to "clear his

innocency." If it is true, as was whispered about, that word reached his

ears that the King had said that that old fool had hanged more men in

that naked country than he for the murder of his father, it must have

broken his heart. He died on July 13, 1677, and was interred at

Twickenham.

Berkeley's departure did not bring peace to the distracted colony. The

loyalist faction had spread the report that Jeffreys was merely Sir

William's deputy, that he could not exercise the full powers of

Governor, and would retire upon his return. To refute these rumors

Jeffreys issued a proclamation a few days before Berkeley left, formally

taking over the government. In it he declared that he had as much power

as any other Governor, and warned all men against belittling his office.

And he put his finger on the very foundation of the Berkelean system

when he declared that he would strive to reform, regulate, and redress

"all apparent abuses, oppressions, excesses, and defects in the power,

practice, and proceedings of all county courts."[20]

But reform was just what the loyalists did not want. They wanted the

grievances of the people suppressed, the county courts to be packed with

their friends; they wished to continue their illegal seizures. The

leader of this group was the colorful and vigorous Lady Berkeley. She

held such frequent meetings at her home that the loyalists became known

as the Green Spring Faction. Here came Colonel Edward Hill, "a great

oppressor, of unparalleled impudence"; Philip Ludwell, Lady Berkeley's

future husband; Robert Beverley, who Jeffreys declared had risen from a

"mean condition" by toadying to Berkeley; and others.[21]

As they sat in the spacious hall where the Assembly had met after the

burning of the statehouse in Jamestown, they denounced Jeffreys as a

nincompoop, who was not worth a groat in England, as a liar, as a "worse

rebel than Bacon." They would secure compensation for their losses

despite all he could do. So they planned their strategy. Lady Berkeley

was to strike terror into the people by threatening dire things when Sir

William returned. Nor did they relax their efforts when word of

Berkeley's death reached the colony. It was known that Lord Culpeper was

his successor, so Lady Berkeley gave it out that he was her close

friend, and promised great favors upon his arrival. To plead their cause

in England they engaged Captain Alexander Culpeper, Lady Berkeley's

brother.[22]

After Berkeley's departure Jeffreys had called for the election of a new

Assembly to meet October 10, 1677. Unfortunately, at this moment, when

he was most needed, he became ill. Early in September a letter from the

Privy Council to the Governor and Council had been received, making void

Berkeley's proclamation of February 10, which had excepted so many

persons from the royal pardon. Had Jeffreys been a well man he would

certainly have published this letter immediately and relieved the people

from their fear. But the Council urged him to conceal it for the

present, and being weak and in bed, he yielded. This daring defiance of

the King's orders had an important effect on the election, for the

people were still trembling for their lives and property, and so were

bullied by the sheriffs into returning loyalist Burgesses. Daniel Parke

reported that there had been illegal elections in James City County,

Kent, and elsewhere.[23]

It was in October that Parke arrived from England and delivered to

Jeffreys a letter from Secretary Coventry, telling him that Berkeley had

died and that Culpeper had kissed the King's hand as Governor. Even then

the Council was opposed to the publication of the King's order to void

Berkeley's proclamation, protesting that it had been procured by

misinformation. But the contents leaked out, and there was bitter

resentment at the delay. Most of the Assembly demanded its publication.

At last, when Jeffreys and Parke had won over a majority of the Council

to the view that it would be unwise to trifle further with the royal

command, the two Ludwells flung themselves away in "a seeming passion."

But there was great relief and widespread rejoicing among the

people.[24]

The Assembly met at Middle Plantation, the site of Williamsburg, in the

house of Captain Otho Thorp. Despite the irregularity of the elections

it showed a far greater spirit of independence than its predecessor. It

passed a law against making unreasonable compositions for injuries done

during the rebellion; it imposed a penalty for the use of such terms as

traitor, rebel, or rogue; it forbade the impressing of cattle, boats, or

provisions without compensation; it regulated fees.[25] But it placed a

crushing burden on the prostrate colony by levying a tax of 100 pounds

of tobacco per tithable. "This, with the county and parish tax is in

some counties 250 pounds, in some 300, and in some 400, which falls very

heavily on the poorer people," Parke reported.[26]

The Thorp house rang with protests when Robert Beverley, who was clerk

of the Assembly, reported that the King's commissioners had taken their

journals, orders, and acts from him by force. In a vigorous protest to

Jeffreys, they declared this a great violation of their privileges. This

seizure we "humbly suppose his Majesty would not ... command, for that

they find not the same to have been practiced by any of the Kings of

England." So they asked Jeffreys to give assurance that such a thing

would not happen again.[27]

When this was reported to Charles II he was surprised at the presumption

of the Assembly in calling in question his authority. Referring the

matter to the Lords of Trade, he asked them what he should do to bring

the Assembly to a sense "of their duty and submission." The Lords

thought that the protest tended to rebellion, and that the Governor

should rebuke the Assembly and punish the "authors and abettors."[28]

Charles issued the order, but later, on the earnest plea of the Virginia

Council, rescinded it. But he insisted that the protest be "razed out of

the books of Virginia."[29] It was a strange twist of fate which caused

an attempt by the King to investigate the grievances of the people to

result in what may be considered the opening act of the Second Stuart

Despotism in Virginia.

In the meanwhile, during Jeffreys' illness, Thomas Ludwell presided over

the meetings of the Council. So the King's commands were ignored, and

the plundering, confiscations, and banishing continued. "Great numbers

of poor men, having wives and children to maintain," faced utter

ruin.[30] The lengths to which the Green Spring Faction was prepared to

go is illustrated by a statement of Colonel Edward Hill at one of their

gatherings. One of those present remarked that William Byrd would

certainly win a case pending in which he was involved because he was in

England and could secure the King's backing. "That will not do," said

Hill, "for if the King should send in his letter, in that case we are

not to take notice of it."[31]

This is just what they did when Charles wrote in behalf of Sarah

Drummond, widow of William Drummond. This poor woman made the long

voyage across the ocean to lay her case before the King. So great was

Governor Berkeley's hatred of her husband, she said, that he had not

only taken his life, but had seized his small plantation for his own use

and forced her to flee with her five small children into the woods,

where they might have starved had not the commissioners befriended

them.[32] Moved by her misfortunes, the King sent an especial command

that her property be returned. But when she brought an action in the

General Court against Lady Berkeley, and the King's letter was read, one

of the Councillors, turning to the crowd in the courtroom, declared in a

loud voice that it was based on nothing but lies. "So they dismissed the

case."[33]

In the meanwhile, Jeffreys had sufficiently recovered his health to

strike back at his enemies. He had tried to win them over by appointing

them to collectors' places and doing them other favors, but without

success. So at last he retaliated upon Beverley by ousting him from his

civil and military offices and "silenced him from pleading in the

courts."[34] When Philip Ludwell's many insults were reported to

Jeffreys he had him arrested and charged him with "scandalizing the

Governor and abusing the authority of his Majesty." This was a serious

matter indeed, for the penalty was whipping or the payment of a fine of

500 pounds of tobacco. The jury pronounced Ludwell guilty, and asked the

Council to fix the punishment. Since most of the Council were Ludwell's

warm friends, Jeffreys appealed the case to the King. Ludwell countered

by appealing to the Assembly. In the end it was decided that the whole

case, including the matter of appeal, should be left to his Majesty.[35]

But in the summer of 1678 Jeffreys again became ill, and the Green

Spring Faction renewed the "old exactions and abuses." William Sherwood

reported: "The colony would be as peaceful as could be wished except for

the malice of some discontented persons of the late Governor's party,

who endeavor by all the cunning contrivances that by their artifice can

be brought about, to bring a contempt of Colonel Jeffreys, our present

good Governor.... It is to be feared unless these fiery spirits 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."[36]

Jeffreys died on December 17, 1678. A well-meaning man, who tried to

rule justly, he lacked the strength of character needed to bring peace

to the colony. With an army at his command, he should have put Governor

Berkeley on board ship and sent him to England when he refused to obey

the King's commands. This would have prevented many hangings, relieved

the fears of the people, and given pause to the Green Spring Faction.

But Jeffreys knew that Berkeley's brother, Lord John Berkeley, was in

high favor with the King, and he dared not offend him.

Jeffreys' wife came from England to join him, but she was just in time

to say a farewell, for he was seized with a violent sickness four hours

after her arrival and died soon after.[37] So bitter were the Green

Spring Faction against him that they tried to prevent the payment to his

widow of L1,200 due him for nine months' salary, and to charge her with

all the perquisites he had received. When, as a consequence, she could

not meet all his obligations, they imprisoned her for debt. It was only

by appealing to Secretary Coventry that she received the arrears due her

and was able to free herself from the power of her enemies.[38]

Upon the death of Jeffreys, Sir Henry Chicheley produced a commission as

Deputy Governor given him in 1674. Chicheley was a "most loyal, worthy

person, and deservedly beloved by the whole country."[39] He had been a

Burgess, a member of the Council, had commanded the Virginia forces in

the Indian war, had remained loyal to Berkeley during the rebellion, and

had been imprisoned by Bacon. But he was now "old, sickly, and crazy,"

and lacked the vigor to force obedience and restore order. During the

eighteen months of his administration the old factions were not

reconciled to one another.[40]

Yet Chicheley, to the extent of his ability, ruled impartially and well.

At the election of 1679 he insisted that the people be protected from

intimidation at the polls. As a result the Assembly showed a spirit of

independence and a desire to rectify the people's grievances. A degree

of democracy was introduced into local government by an act empowering

the voters of each parish to elect two men to sit in the county courts

in the making of by-laws. A limit was put to fees demanded by the

collectors of customs and the clerks of the courts. The claim of the

Green Spring Faction for compensation for their losses was referred to

the next session.[41]

In May, 1680, Lord Culpeper arrived in Virginia after a tedious passage

of two and a half months, in which scurvy and other diseases took a

heavy toll. Chicheley handed over the government to him and the

reconstruction period came to an end.

The patriotic Virginian, as he looked back over the years from the

collapse of Bacon's Rebellion to the arrival of Culpeper must have seen

in them nothing but confusion and disaster. The colony was divided

against itself, the most pressing of the people's grievances had not

been redressed, many families had been reduced to poverty, the right to

vote was denied to hundreds, taxes were higher than ever, and tobacco

was still a drug on the market.

Yet important changes were taking place which gave reason for hope.

During Berkeley's administration the newly created aristocracy, the men

of wealth, the leaders in their own counties--the Ludwells, the Parkes,

the Custises, the Coles--had worked in close alliance with the Governor.

The common people, on the other hand, lacked leaders to guide them in

their struggle for their rights. But with Berkeley's departure the

aristocrats, so far from allying themselves with his successor, came

into violent conflict with him. And the Governor now assumed the role of

the people's friend and protector.

So engrossed were the Virginians in their own disputes that their

attention was diverted from events in England, events that were to

affect them profoundly. For many years Charles II had lived in

comparative peace with his Cavalier Parliament, maintaining his

mistresses in luxury despite the meagerness of his revenue. But the rise

of the Whig Party under the leadership of the able Earl of Shaftesbury

was now threatening to undermine his power. All London was in terror

when Titus Oates came forward with a wild story that the Catholics were

plotting to bring in Irish and French troops, massacre the Protestants,

and murder the King. The Whigs were demanding the exclusion from the

succession of Charles' Roman Catholic brother James, and some actually

proposed that the King divorce his Catholic wife and marry a Protestant.

Faced with the loss of his prerogatives, the indolent King struck back.

His father had tried to free himself from dependence on Parliament by

illegal taxation; he by sacrificing England's foreign interests for

French gold. In March, 1678, Charles negotiated a secret treaty with

Louis XIV in return for L300,000. Now he was in a position to thumb his

nose at the Commons when they tried to control and thwart him. It was

the beginning of the Second Stuart Despotism.[42]

The change was immediately reflected in colonial policies. The old

Council of Plantations, and its successor the Council of Trade and

Plantations had done little to supervise and control the conduct of

affairs in America. But in December, 1674, after the fall of the Cabal

Ministry, the direction of colonial matters was turned over to a

committee of the Privy Council, presided over by the Secretary of State.

In this way the King's most trusted ministers were brought into close

touch with the colonies. Sir Joseph Williamson, Secretary from 1674 to

1678, was a most obedient servant of the King; his fellow Secretary, Sir

Henry Coventry, had defended Charles I on the field of battle, and now

defended his son before the public; Sir Leoline Jenkins was called "the

most faithful drudge of a Secretary that ever the Court had."

We have no way of knowing whether these men, in their assault on liberty

in the colonies, were merely carrying out the commands of Charles II and

James II, or whether on their own initiative they shaped colonial policy

in accord with domestic policy. In either case it was the Second Stuart

Despotism in England which was responsible for the Andros despotism in

New England, and for the equally dangerous attack on liberty in

Virginia.

It was prophetic of what was to come that Secretary Coventry, in

January, 1678, read to the Committee on Foreign Affairs a series of

proposals concerning Virginia. Three companies of soldiers were to be

left in the colony, a fort was to be erected "whereby the King may be

safe from rebellions," all laws were to be sent to England for revision.

The last proposal was an innovation of serious import.[43] The

Virginians had never questioned the right of the King to veto the acts

of Assembly, but never before had he demanded the right to revise laws

already on the statute books.

Of even greater significance was the initiation of bills by the King.

Charles wrote Culpeper that whereas certain laws had been recommended to

him in Council of which he approved, "these bills we have caused to be

under the Great Seal of England, and our will is that the same bills ...

you shall cause to be considered ... in our Assembly of Virginia ... and

to these bills you do give and declare our royal assent." One was an act

of general pardon, one an act for naturalization, and the other an act

for raising a public revenue.[44]

This was accompanied by an attempt to deprive the Assembly of the right

to initiate legislation. Culpeper was commanded to send to the King a

draft of such bills as he and the Council should think fit to be passed,

so that he could go over them and return them in the form he thought

they should be enacted in. "Upon receipt of our commands you shall

summon an Assembly and propose the said laws for their consent."[45]

As though this were not enough, Charles demanded the sole power,

heretofore exercised by the Governor, of calling sessions of the

Assembly. "It is our will and pleasure that for the future no General

Assembly be called without our special directions, but that, upon

occasion, you do acquaint us by letter with the necessity of calling

such an Assembly, and pray our consent and directions for their

meeting."[46]

The King struck a fatal blow at the control of justice in Virginia by

the people, by depriving the Assembly of its privilege of acting as the

supreme court of appeals. "Our pleasure also is that for the better and

more equitable administration of justice in our said colony, appeals be

allowed in cases of error from the courts ... to our Governor and our

Council there, and to no other court or jurisdiction whatsoever."[47]

Although Thomas Culpeper had been too young to fight in the Civil War,

he donned a suit of armor with breastplate, shoulderpieces, and

brassarts, to have his portrait painted. But the face is not that of a

warrior. It is draped by the flowing hair of the Cavalier, has a

prominent nose and a weak mouth with the trace of a sneer. Culpeper had

followed Charles into exile, and with the Restoration had expected

compensation for his losses. But since there was not enough to go round

among all the hungry Cavaliers, the King repaid him at the expense of

his subjects in Virginia, first with the Arlington-Culpeper grant, and

then by making him Governor of Virginia.

The outlook for the colony was gloomy. The King was determined to

override the people's rights and make himself absolute. Culpeper was

interested in filling his pockets. The Green Spring Faction were still

seeking to make good their losses at the expense of the rebels. The

common people were suffering from the high taxes and the low price of

tobacco.

The King had as much trouble in getting Culpeper to sail for Virginia as

he had had in making Berkeley come back to England. My Lord had no

desire to exchange London for the forests of Virginia; he had little

interest in carrying out his instructions. All he wanted was his salary

and anything he could make out of the Northern Neck. At last, after two

years of dillydallying, the King told him that unless he sailed at once

he would remove him as Governor. So in February, 1680, he left the Downs

with the tobacco fleet.[48]

On his arrival at Jamestown, the members of the Council and other

leading planters flocked around him, eager to give their version of the

troubles in the colony and to secure his support. When the Council met,

Culpeper was assured that the King had been misinformed on many points

by Moryson and Berry. Philip Ludwell was a loyal, honest servant of the

King, and should be restored to his place in the Council. Injustice had

been done to Colonel Hill, and they begged the new Governor to intercede

for him.[49]

As for the King's rebuke to the Assembly for questioning his right to

seize their records, the Council advised Culpeper not to present it. To

do so would "unravel and disturb the good and cheerful settlement we are

now in by your Excellency's great prudence and conduct."[50] So they

induced him to suspend the rebuke until the King should order to the

contrary.

Culpeper seems to have brought a degree of peace to the contending

factions. The act of pardon ended the plundering of the estates of the

former rebels, and the aggrieved loyalists were encouraged to seek

redress through the Assembly. Colonel Spencer wrote that the "late

different interests" had been "perfectly united to the general

satisfaction of all."

United the people had to be to defend their liberties. When the wealthy

landholder and the humble owner of but fifty acres, the loyalist and the

former rebel alike realized that Charles was bent on reducing both

Council and Assembly to impotence, their domestic quarrels seemed

unimportant compared to the public danger.

Since the statehouse at Jamestown was still in ashes, the Assembly of

June, 1680, crowded into the house of Mrs. Susanne Fisher. Some of the

Burgesses had come on horseback from their James City or Charles City

plantations, others by shallops from the Upper James, still others from

the far-off Eastern Shore. A sturdy, stubborn group they were, like

other Burgesses before and after them, determined to uphold the rights

of the people.

They were dismayed, then, when Governor Culpeper placed before them the

three bills prepared and signed by the King. What right has he or the

Privy Council to introduce bills in this Assembly? they asked. And they

were especially concerned over the King's demand for a perpetual

revenue.

There had existed since 1661 a law for laying a duty of two shillings

for every hogshead of tobacco exported from the colony. But the revenue

was to be disposed of by the Assembly. It was they who decided whether

it should be used to pay the Governor's salary, or to defend the colony

against the Indians, or for repairing the statehouse, or for paying the

salaries of the Burgesses. Now the Privy Council took it upon themselves

to draw up a similar act, but differing from the old one in one

all-important respect--it specified that the returns should go, not to

the Assembly, but "to the King's most excellent Majesty, his heirs and

successors forever."

The debate which followed was long and bitter. Every man in the

Assembly, whether Burgess or Councillor, knew that the King was

demanding the surrender of their birthright.[51] So they replied to the

Governor: "The House do most humbly desire to be excused if they do not

give their approbation to his Majesty's bill."[52] And when the matter

was brought again before them by the Governor, they refused even to

resume the debate.

But Culpeper knew that he would be severely blamed by Charles if he did

not succeed in forcing this bill through. Returning to the attack he

pointed out that the King claimed the right of disposing of all

revenues. Moreover, they were in no position to defy him, for he had it

in his power to ruin most of them by demanding all arrears of quit

rents. We do not know how many lucrative jobs Culpeper handed out to

bring the reluctant Burgesses around, but he himself tells us that he

won over one influential member by the promise of a seat in the

Council.[53]

In the end the King had his way. The Burgesses made two minor

amendments, and then passed the bill. When it came before Charles again,

he vetoed one of these amendments, and allowed the other. A quarter of a

century later, when the Board of Trade asked Attorney General Simon

Harcourt and Solicitor General James Montague to pass on the validity of

the act, they reported that it had been put through irregularly. "It

would be wise," they said, "if any part of her Majesty's revenue depends

on this act, to have another in its place."[54]

Yet the act was permitted to stand, and the cause of self-government in

colonial Virginia suffered its greatest reverse. No longer could the

Assembly force the Governor to sign this bill or that by refusing to

vote his salary. No longer did they hold a sword over the heads of the

Council. It is true that they still retained in part their grip upon

the purse, since the export duty together with the quit rents seldom met

even the ordinary needs of the government, and were entirely inadequate

in times of emergency. It is this which explains why such notable gains

for liberty were made during the colonial wars. Yet from this time until

the Declaration of Independence the Virginia Assembly had to fight the

royal prerogative with one hand tied behind its back.[55]

Having secured the passage of the King's three laws, Culpeper rested on

his laurels. He seems to have yielded to the plea of the Council not to

deliver the King's rebuke to the Assembly. If he ever told the Council

of his instruction to initiate bills with their advice and secure the

King's approval before sending them to the House, they must have argued

that it was impractical. They had no desire to have representative

government in the colony made a mockery. Were the Burgesses to have the

right of amending bills? they must have asked. If so, would the amended

bills have to go back to England for the King's approval? Under such

conditions, it might take years to enact the simplest laws. So this

instruction was ignored.

Equally impractical was it to secure the King's permission before

calling an Assembly. In case of a sudden emergency it might be fatal to

wait until the Governor had written to Secretary Coventry, until he had

taken the matter up with his Majesty, until some vessel sailed and had

made the tedious voyage to Virginia. If the need were the outbreak of

war with the Indians, half the colony might be scalped before the

Assembly could meet to raise men and money for arms and forts. So

Culpeper ignored this instruction also.

As for the instruction to forbid appeals from the General Court to the

Assembly, the Governor kept it to himself. Three years later, at an

inquiry held on his neglect of his office, he explained: "Having some

thoughts of getting a revenue bill to pass, I was unwilling actually to

repeal the laws relating thereunto till the next session of Assembly

should be over, well knowing how infinitely it would trouble them."[56]

As soon as the Assembly had been dismissed Culpeper made ready to return

to England, after having been in Virginia only a few weeks. Yet for his

supposed services he had been receiving L2,000 a year from the revenues

of the colony ever since the death of Berkeley.[57] Not content with

this, he contrived to rob the English soldiers who had remained in

Virginia after Bacon's Rebellion of more than L1,000. These men had

received no pay for many months, and were discontented and mutinous.[58]

So the Privy Council gave Culpeper money to satisfy them and the

families on whom they had been quartered. On his arrival he bought up

all the worn Spanish pieces of eight he could find, arbitrarily

proclaimed them legal tender at six shillings, which was a shilling more

than they were worth, and then paid the soldiers and landlords. But

before his salary became due, he restored the ratio to five to one.[59]

In 1682 news reached England of a series of tobacco-cutting riots in

Virginia. The glut of tobacco in the English warehouses and its

consequent low price had convinced the people that a restriction on the

output was necessary. It was to be a kind of soil bank, though without

the subsidy. When this failed because Maryland refused to join in, angry

mobs went from plantation to plantation, cutting down the tender plants.

Fearing that this might be the beginning of a new rebellion, the Privy

Council ordered the reluctant Culpeper to go back at once to suppress

the riots and punish the ringleaders.[60]

Culpeper arrived in December, 1682. Finding that the riots were over, he

contented himself with hanging two of the most notorious of the plant

cutters, and then hastened back to England. By this time Charles had

lost patience with him for his neglect of his government, the Attorney

General was ordered to take action against him, and his commission as

Governor of Virginia was declared void. In September, 1683, Lord Howard

of Effingham was made Governor in his place.

Effingham was well fitted to carry out the King's attack on liberty in

Virginia. Deceitful, persistent, unscrupulous, he would have ridden

roughshod over the people's rights had he not encountered the determined

resistance of the House of Burgesses. No sooner had he arrived than the

struggle began.

When the Assembly met in April, 1684, he put on his peer's coronet and

velvet and ermine robes, and told the Burgesses that he intended to

enforce the King's order to prohibit appeals to the Assembly. This was

received with dismay. They appealed to Effingham and the Council to join

them in an address to the King imploring him to restore a privilege

enjoyed from the earliest times. But in vain. "It is what I can in no

part admit of," was Effingham's curt reply. Since this made the General

Court the last court of appeals in Virginia, the structure of justice

became aristocratic rather than democratic.

Future Governors had reason to regret this change, for it added greatly

to the influence of the Council, and the day was not distant when the

Council was to become so powerful as to threaten to make the Governor a

mere figurehead. It was the Council which was to be responsible for the

dismissal of Andros and Nicholson. Governor Spotswood, in his bitter

quarrels with the Councillors tried to undermine their power by striking

at their judicial privileges, but he failed, and he too was forced out

of office by their influence.

Even more alarming to the people than the ending of appeals to the

Assembly was an order from the King that certain causes arising in the

courts be referred to England for decision. The Burgesses protested.

Such a thing would be "grievous and ruinous," they said, and would

involve delays and great expense. Moreover, they could not find that

appeals to England had been allowed "from the first settling of the

colony." When Effingham and the Council refused to join them, they sent

their petition to the King as the protest of the Lower House alone.[61]

But James II, who had succeeded to the throne on the death of Charles in

February, received their appeal with contempt. In the new instructions

to Effingham drawn up in October, 1685, he wrote: "Whereas ... our

Committee of Trade and Plantations ... have received from some unknown

persons a paper entitled An Address and Supplication of the General

Assembly of Virginia to the late King ... which you have refused to

recommend as being unfit ... we cannot but approve of your

proceedings.... And we do further direct you to discountenance such

undue practices for the future, as also the contrivers and promoters

thereof."[62]

At this dark hour, when American liberty hung in the balance, the

Burgesses were quick to repel any attempt to tax the people without

their consent. In May, 1688, they stated that they had received "many

grievous complaints" that unlawful fees had "under color of his

Majesty's royal authority" been unjustly imposed upon the people. They

protested especially against a fee of 200 pounds of tobacco for affixing

the great seal of the colony, a fee of 30 pounds of tobacco for

recording surveys of land, and a fee of L5 for escheats.[63]

And they were adamant in refusing repeated demands for permission for

the Governor and Council by themselves to levy a tax even though a very

small one. "Your Lordships will ... find their total denial that the

Governor and Council should have any power to lay the least levy to ease

the necessity for so frequent Assemblys," Effingham wrote the Committee

of Trade and Plantations in February, 1686. "This was propounded by me

to them before his Majesty's instructions came to hand ... but nothing

would prevail, nor I believe will, unless his Majesty's special command

therein."[64]

There was consternation in the Assembly when they learned that the King

was attempting to build up a revenue independent of the Burgesses by

increasing the returns from the quit rents. This tax on land, for such

it really was, had always been paid in tobacco. In 1662 the Assembly had

fixed the rate of payment at twopence a pound, which at that time

approximated the current price. But the decline in the value of the leaf

had greatly lessened the value of the returns. So in 1684 the King

ordered Effingham to accept only specie, "that is to say in money and

not in tobacco or in any other commodity."[65] Since tobacco was then

selling at a halfpenny a pound, this would have quadrupled the value of

the quit rents, imposed a heavy burden on the impoverished country, and

strengthened the authority of the Governor.

The controversy over this matter led to another and a more serious

encroachment on the rights of the people, for when the Assembly refused

to repeal the law of 1662, the King voided it by proclamation. Having

heard that "persons go about ... imposing bad tobacco upon our

collectors at the rate of 2d per pound, under pretence of an act of

Assembly ... we have thought fit to repeal the said act."[66] Upon

receipt of this order Effingham sent for the Burgesses to meet him in

the Council Chamber. When they filed in he soon found that they were in

no mood to yield. Not only did they again refuse to repeal the law of

1662, but they "rudely and boldly disputed the King's authority in

repealing laws by proclamation."[67] Moreover, they pointed out, it was

impossible to pay in pounds or shillings since there were not enough in

the entire colony. This argument was unanswerable, and in the end the

Governor was forced to assent to a compromise by which the tax was to be

paid in tobacco, but at the rate of one penny per pound instead of two.

The difference in the theories of government held by Charles and James

on the one hand, and the people of the colony on the other was brought

into focus by a dispute over the King's right to revive a law by

repealing a law which had repealed it. When James revived a law of 1680

concerning attorneys by annulling the repealing law of 1682, the

Burgesses rose as one man in angry protest. "A law may as well receive

its beginning by proclamation as such a revival," they said. "Some

Governor may be sent to govern us who under the pretence of the liberty

he hath to construe prerogative and stretch it as far as he pleaseth,

may by proclamation revive all the laws that for their great

inconveniences to the country have been repealed through forty years

since."[68]

The Councillors as well as the Burgesses must have been startled when

Effingham in reply told them that the King had the right to nullify or

revive what laws he pleased, since the only authority the Assembly had

to legislate at all rested on a grant from the Throne. They had been

under the impression that the right of the people to make laws through

their representatives was inherent in all Englishmen. If it were a grant

from the King, which the King might at will withdraw, liberty in America

rested on a shaky basis indeed. In an address to Effingham they stated

that they did not dare "to say what is prerogative and what is not,"[69]

but they made it clear that when prerogative was stretched so far that

it threatened to enslave them, they would resist by every means within

their power.

Despots throughout the years have feared a free press, and have either

prohibited printing or controlled it for their own purposes. So it was

in keeping with the spirit of the Second Stuart Despotism that Charles

and James would allow no press in Virginia. It was in 1682 that John

Buckner, a prominent merchant and landowner of Gloucester County, and a

member of the House of Burgesses, employed William Nuthead to set up a

printing establishment at Jamestown. But they had picked an inauspicious

time for their venture. Nuthead was ordered to appear before the Council

"to answer for his presumption in printing the acts of Assembly ... and

several other papers without licence." The Council ordered that "for

prevention of all troubles and inconveniences that may be occasioned

through the liberty of a press ... Mr. John Buckner and William Nuthead

the printer enter into bond for one hundred pounds sterling ... that

from and after the date hereof nothing be printed by either of them ...

in this colony until the signification of his Majesty's pleasure shall

be known."[70]

His Majesty's pleasure therein was a foregone conclusion. "Whereas we

have taken notice of the inconvenience that may arise by the liberty of

printing in Virginia," stated Charles in his instructions to Effingham,

"no person is to be permitted to use any press for printing upon any

occasion whatsoever."[71] So Nuthead took the press to Maryland and for

nearly half a century Virginia was without a printer.[72]

The quartering of troops upon the people has been a serious grievance

wherever it has been practiced. People object to having rough soldiers

thrust into their homes, to disrupt their daily life, or perhaps to

create disorders. When the British troops sent over to suppress Bacon's

Rebellion were quartered on the people, there were bitter complaints.

"Instead of being a guard and safety" to us as was intended, "they have

by their long stay and ill behavior not only been totally useless, but

dangerous," and the greatest of our terrors.[73] To make matters worse,

complaints came in to the Assembly from Isle of Wight, York, James City,

and Nansemond Counties that payments for quarters were in arrears by six

months or more. So it was with thanksgiving that the people received the

announcement that the money to pay for the quarters had arrived from

England together with orders to disband the troops.[74]

Effingham was even more brazen than Berkeley in using the patronage

openly to force obedience to the King. Berkeley ruled chiefly by

rewarding those who did as he told them; Effingham by punishing all who

opposed him. To acquiesce in everything he proposed was the only way for

one to retain one's job. William Sherwood and Colonel Thomas Milner, for

forwarding an address of the Burgesses to the Privy Council, were

dismissed from office. Mr. Arthur Allen was "turned out of all

employment, civil and military" to his great loss, "he being a surveyor

of land at that time."[75] Effingham himself explains why. He was "a

great promoter of those differences between me and the Assembly

concerning the King's negative voice ... as not thinking it fit that

those who are peevishly opposite to his Majesty's interest should have

any advantage by his favor."[76]

Another prominent member of the House of Burgesses, Mr. Charles

Scarburgh, was "turned out of all employment, and as a mark of his

Lordship's displeasure, a command was sent to the clerk of the county to

raze his name out of the records as a justice of peace."[77] Mr. William

Anderson, Scarburgh's colleague from Accomac County, must have been even

more active in opposing the Governor, for when the session of 1688 was

over he had him "put in the common jail," where he was "detained seven

months without trial, though often prayed for.... Nor could he obtain

the benefit of habeas corpus."[78]

"From whence the people conclude these severities are inflicted rather

as a terror to others than for any personal crimes of their own," it was

said, "and is of such ruinous consequence that either the public or

particular interests must fall, for if none oppose, the country must

languish under the severity of the government, or fly into mutiny to

save themselves from starving. If any do appear more zealous in

prosecuting the country's complaints they know what to expect. It being

observable that none has been thus punished but those who were forward

in the Assembly to oppose the encroachments on the people, and promote

the complaint to England, being out of hope of relief on the

place."[79]

In Virginia, as in England, there was much dissatisfaction at the

accession of the Roman Catholic James II. Many would have preferred

Charles' illegitimate son, the Duke of Monmouth. When news came that he

had raised the standard of revolt, had landed in Dorset, had gathered an

army of rustics, and was marching on London, some did not hesitate to

express their sympathy. Effingham wrote that "so many took liberty of

speech upon the rebellion ... that I was fearful it would have produced

the same here."[80] But when he issued a proclamation forbidding "false,

seditious, and factious discourse and rumors," and made "some examples,"

quiet was restored. The defeat of the rebels at Sedgemoor, the bloody

revenge taken by James, and the execution of Monmouth ended all hope for

the time being.

But Effingham's proclamation could not prevent news of what was

happening in England from reaching the people. In Ireland James was

recruiting a Catholic army under a Catholic general. At home he was

replacing civil and military officers by Catholics. To remove all

restrictions on Catholics he issued declarations of indulgence, giving

freedom of worship to dissenters and Catholics. He converted two Oxford

colleges into Catholic seminaries, and ousted the Fellows of Magdalen to

make room for Catholic successors.

These events were soon reflected in Virginia. It was noted that when

important offices in the government became vacant, Effingham filled them

with Catholics. Both of his appointees to the Council were members of

the Roman Catholic Church--Colonel Isaac Allerton and Colonel John

Armistead. That several justices of the peace refused to take the oath

of allegiance "through scruple of conscience" in 1691, after James had

been deposed, shows that the Governor tried also to pack the county

courts with Catholics.

The people watched these developments with resentment, mixed with fear.

The shudder of horror which had gone through England a few years before,

when Titus Oates accused the Jesuits of a "hellish plot" to fire London,

conquer the country with Irish and French armies, and massacre the

Protestants, was still fresh in men's minds. Perhaps his story is not

false after all, it was whispered. Perhaps the plan may still be carried

out. Think of what has just happened in France, where thousands of men

and women, for refusing to give up their faith were driven into exile or

thrown into loathsome prisons with criminals, starved, and beaten. Are

we sure that it will not be our turn next?

The Assembly which met in April, 1688, reflected the ugly mood of the

people. They were determined to redress the grievances which poured in

from one county after another. The Governor's appeal for aid for New

York and for a bill to prohibit the exportation of loose tobacco

received scant consideration. "Debates of grievances jostled out most

other matters," reported Nicholas Spencer.[81] When the Council

requested a conference on the tobacco bill, the House countered with a

proposal for a conference on the people's wrongs. But their message was

couched in such bitter terms that the Council thought "no success could

be expected from a conference agitated with heat and resolvedness."[82]

Nor would the Council join the Burgesses in an address to Effingham for

redress of "the many grievous oppressions this poor country at present

groans under." Thereupon the House drew up a petition to the King which

they entrusted to Philip Ludwell to deliver. Before James could reply,

he was forced to flee from England, and it was only in February, 1689,

that the petition came before the Council of State.

Such was the situation when Effingham left Virginia "for recovery of his

health by change of air." He may have realized also that the air of

Virginia was becoming unhealthful for him in more sense than one, for

had he not left it is possible that the people might have risen in arms

and sent him home. Several years later, when Francis Nicholson asked the

Council whether "if his Excellency my Lord Effingham had stayed" the

country would not have been in trouble? they replied in the affirmative.

"The country were in great dissatisfaction ...and there was great cause

to doubt that some disturbance would have been."[83]

But it was only in the spring of 1689, some months after his departure,

that an uprising actually occurred. Then it was touched off by a weird

story told by a stray Indian to some of the settlers on the northern

frontier of a plot by Jesuits and Indians to attack Virginia and

Maryland. No less than 10,000 Senecas and 9,000 Nanticocks were under

arms, he said, ready to cut off all the Protestants. As the report

spread from plantation to plantation, the outlying families fled in

terror, while men gathered volunteers by beat of drum. We must defend

ourselves in arms, they said, since no reliance can be placed on the

Council or even on the county magistrates, for most of them are

Catholics.

The Council thought the story of the Catholic plot "only a gloss to

their rebellious purposes." In October, 1688, James had sent word to

Effingham that William of Orange was preparing to invade England, and

had ordered him to place the colony in a posture of defence.[84] It was

to seize this opportunity to rise against the government, rather than

the imaginary Indian plot, that had made them take up arms, the Council

thought. Preferring not to take sides in a matter which could be settled

only in England, they arrested some of the ringleaders.[85] But when,

apparently on the same day, a letter came to hand from the Privy

Council, announcing that William and Mary had been proclaimed joint

monarchs of England, order was instantly restored. On April 26, 1688,

their Majesties were proclaimed before the courthouse door at Jamestown.

There were two things which the colonial Virginians dreaded--despotism

and the tomahawk. And it is significant that both were factors in the

two uprisings of the seventeenth century. In Bacon's Rebellion the

people demanded, not only protection from the savages, but an end to

Berkeley's misgovernment. If the Council was right in their

interpretation of the disorders of 1688, they, like the ousting of

Andros in New England, were a part of the Glorious Revolution. The

Council afterwards took great credit for suppressing the disorders, but

one can only surmise whether the people would have remained quiet had

not James been overthrown. We must not permit the Indian terror to blind

us to the fact that the rebellions of 1676 and 1688 were both in defense

of liberty.

FOOTNOTES:

[1] CO389.6, pp. 113, 137.

[2] H. W. Hening, _Statutes at large_ 2: 423, 424.

[3] CO389.6, p. 116.

[4] CO1-40, p. 23.

[5] CO1-40, p. 23.

[6] CO5-1371, pp. 27, 33.

[7] CO5-1371, pp. 55, 60.

[8] _Ibid._, p. 152.

[9] CO5-1371, p. 152.

[10] CO1-40, p. 43.

[11] _Bath papers_ 3: 155.

[12] CO1-40, pp. 73, 106.

[13] CO1-39, p. 38.

[14] W. W. Hening, _Virginia statutes at large_ 2: 366, 386.

[15] CO1-40, p. 88.

[16] CO5-1371, p. 132.

[17] CO1-40, p. 89.

[18] _Virginia Magazine_ 18: 12.

[19] CO5-1371, pp. 220-231.

[20] CO1-40, Doc. 53.

[21] _Bath papers_ 3: 187-198.

[22] _Ibid._

[23] CO1-42, p. 17.

[24] _Bath papers_ 3: 206.

[25] W. W. Hening, _Statutes at large_ 2: 407-432.

[26] CO1-42, Doc. 1.

[27] CO1-41, Doc. 87.

[28] CO1-42, Doc. 11.

[29] Sainsbury, 18: 129.

[30] CO1-42, Doc. 23.

[31] _Ibid._, Doc. 107.

[32] _Virginia Magazine_ 18: 2-5.

[33] _Bath papers_, 3: 168, 169.

[34] _Virginia Magazine_, XVIII, p. 20.

[35] _Bath papers_ 3: 214.

[36] CO1-42, Doc. 117.

[37] _Bath papers_ 3: 295.

[38] CO5-1355, Docs. 304, 305, 309, 370.

[39] CO1-41, Doc. 121.

[40] Sainsbury, 14: 230.

[41] W. W. Hening, _Statutes at large_ 2: 441, 443, 456.

[42] G. M. Trevelyan, _England under the Stuarts_, 396.

[43] CO1-42, Doc. 152.

[44] CO1-43, Doc. 165.

[45] _Ibid._, p. 313.

[46] _Ibid._, p. 334.

[47] _Ibid._, p. 349.

[48] CO5-1355, p. 378.

[49] CO5-1376, p. 265.

[50] CO5-1355, p. 384.

[51] _Journals of the House of Burgesses_, 1659-1693: 126.

[52] _Ibid._

[53] CO5-1356, pp. 125, 126.

[54] CO5-1315, Dec. 23, 1707.

[55] _Journals of the House of Burgesses_, 1659-1693: 134.

[56] CO5-1356, p. 142.

[57] _Ibid._, p. 56.

[58] CO1-42, p. 152.

[59] Robert Beverley, _The present state of Virginia_, ed. L. B. Wright,

89, 90.

[60] CO5-1356, p. 76.

[61] _Journals of the House of Burgesses_, 1659-1693: 228.

[62] CO5-1357, p. 58.

[63] _Journals of the House of Burgesses_, 1659-1693: 316, 317.

[64] CO5-1357, p. 95.

[65] CO5-1356, p. 282.

[66] CO5-1357, p. 113.

[67] _Ibid._, p. 126.

[68] _Journals of the House of Burgesses_, 1659-1693: 305.

[69] _Ibid._, 308.

[70] _Executive journals of the Council_ I: 493.

[71] CO5-1356, p. 271.

[72] D. C. McMurtrie, _A history of printing in the United States_,

276-279.

[73] CO5-1376, p. 285.

[74] CO5-1356.

[75] _McDonald papers_ 7: 26.

[76] CO5-1357, p. 129.

[77] _McDonald papers_ 7: 437-441.

[78] _Ibid._

[79] _Ibid._

[80] _Executive journals of the Council_ 1: 75.

[81] CO5-1357, p. 214.

[82] _Ibid._, p. 216.

[83] CO5-1306, Doc. 114.

[84] CO5-1357, p. 229.

[85] _Executive journals of the Council_ 1: 105.

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