missioners spread a universal joy. Crowds of persons now came forward
to present their grievances; widows and orphans to ask for the confiscated
eslitei of their husbands, and fathers who had been butchered by the mili-
tary tribunals of the governor; others come in to complain of the seizing
their ostites without the form of a trial, and many who had submitted them-
selves upon the governor's proclamation of indemnity and pardon, con-
plaine I of subsequent imprisonment and confiscations of their property.
The commissioners state in their report to the king and council, — that
" in the whole course of their proceedings they had avoided receiving any
co'mplaints of public grievances; but by and under the hand of the most cred-
ible, loyal and sober persons of each county, with caution, that they did not
do it in any mutinous in inner, and without mixture of their old leaven', but
in su -!i sort as might become dutiful subjects and sober, rational men to
present." When they found that all their representations to Sir AVilliam
Berkeley, to endeavor to induce him to restore the confiscated estates, which
";were in the possession of himself or his most faithful friends, were in vain,
th •',' ascertained as many of the possessors as possible, and made them give
eirity to take care of them, until his majesty should determine as to the
. restitution, which they recommended him to make. The commissioner;,
al.so devised .several matters of utility for the pee.ee, good government and
sifetv of the colony, which they recommended his majesty to adopt. Sir
Willi tai Berkeley" returned in the fleet to England, leaving Sir Herbert
Jeffries, who had been sent over with the commissioners, as governor.— -
Upon his arrival he found that his cruel conduct in Virginia was looked
upon -with horror b}*- most of his former friends, and the council, and was
not sustained by the king, subservient loyally to whom had been the source'
and spring.of his high-handed measures. The old knight, thus finding
.himself execrated in Virginia, and despised in England, soon languished
and died under the load of infamy, with which he had crushed the fair feme
of his -earlier years. Thus ended the life of Sir William Berkeley; a go-
vernor, whose early character historians have delighted to honor, and
*-J-tt.1tificaii6a,of Berkeley, in Burke, vol. li. p. 2S3.
fjPfesslv. ijiidted in Burke, vol. il. p. 'J03.
'' -. 7 7 •
6j' HISTORY OF VIRGINIA.
whose subsequent conduct they have sought to excuse; but of whom we cart
find nothing better upon record, than the negative merit of not opposing the
legislature in its schemes of government, in the early part of his reign; but
whose latter years are disgraced by cowardly imbecillity, and stained with
crime.
Before we take leave of the transaction which has been termed in com-
plaisance to the royal governor, Bacon's Rebellion, it may not be amiss to
cast a hurried glance at the laws passed by the Legislature which met
tinder his influence; which must go far with posterity in determining
whether the name of rebels or patriots would be most consistent with the
character of their acts. They strike first at the most important and pres-
sing subject, and the one which had been most neglected,-— -the Indian war.
They provide efficient means for conducting it, and for regulating the
army. The next act prescribed regulations for Indian trading, the abuse
of which was thought to have been very mischievous. They next pray
his majesty's governor and council that the lands which had been set apart
at the last peace exclusively for the Indians, and which had been or might
be subsequently deserted by them, might not be granted away to individu-
als, but might be used for the purpose of defraying the expenses of the
war. The fourth act looks very little like an encouragement of rebellion,
—reciting that tumults, riots and unlawful assemblies had recently been
frequent, they make it the duty of every officer, civil and military in the
country, to aid in suppressing them, and the duty of all citizens to assist
such officers under penalty of punishment for refusal, and the governor is
specially requested to assemble a force at the public charge with all possi-
ble expedition, to suppress such tumults, and inflict condign punishment
upon the offenders ; which says the act " will conduce to the great safety
and peace of this country, and enable us the better to defend ourselves
against the barbarous and common enemy." This single act sheds more
light upon the history of the times and exhibits more plainly the history
of the views of tfoe principal actors than any or perhaps all other docu-
ments ; we see in it the reason why no private persons took advantage of
the unsettled state of affairs to disturb the public peace, and that there was
my tumult or armed force except the regular army raised by the Assembly
and put under Bacon's command, and no rebellious assembly except the
miscreant crew raised by Berkeley in opposition to the government estab-
lished by the people.
Having thus provided for safety from foes without and for peace within,
the Assembly next proceeded to the investigation of abuses by civil officers.
Under this head they made several provisions for the prevention of abuses,
which have been found so well devised that they have continued in use to
the present day. They next provide against the long continuance of ves-
tries in office ; for the election of burgesses by freemen as well as freeholders;
and against false returns of burgesses. Their eighth act provides against
abuses committed by the justices in laying county levies, and requires that a
number of discreet men chosen by the people, equal in number to the jus-
tices appointed by the governor, should act with the justices in laying the
county levy. They next empowered the county courts to select their own
collectors of county levies and dues; and prohibit any member of the
council from sitting on the county court bench. Passing some acts of less
general importance, but which were wise and useful, we come to an act of
general pardon and indemnity for all crimes committed between the first of
HISTORY OF VIRGINIA. Cli
March and twenty-fifth of June, passed "out of a hearty and pious desire
•to put an end to all suits and controversies, that by occasion of the late
fatal distractions have arisen," "and to bury all seeds of future discord and
remembrance of anything whereby the citizens might be obnoxious to any
pains or penalties whatsoever."
Their last act deprives Edward Hill and John Stith forever of the right
to hold any office of trust, judicature, or profit, because it was notoriously
manifest that they had been the greatest instruments in raising, promoting,
and stirring up the late differences and misunderstanding that had arisen
between the honorable governor and his majesty's good and loyal subjects.
The acts of this Assembly were signed by Berkeley in all due form, but
were subsequently all declared void, though many of them were re-enacted
hy the Legislature, which under the influence and control of Berkeley, de-
clared them void.
Although the people of Virginia had laid down their arms they were
not subdued, but continued to manifest through their Legislature the same
undaunted tenacity of their rights which had ever characterised them.
This was exhibited towaids the king's commissioners in one of the boldest
defences of privilege which the records of any nation can exhibit, and
shows how strongly imbued with the spirit of freedom the people must
have been when they could snufT the approach of tyranny at such a dis-
tance, and put themselves on their defence against their friends, lest their
enemies might take advantage of their concessions. The king's commis-
sioners were empowered to call for persons and papers, for the purpose of
prosecuting more effectually their inquiries into the grievances of the colo-
ny. In conformity with their powers they called upon the secretary of
the Legislature for its journals, but were surprised to find that although
their proceedings were popular, and their object was to investigate and re-
dress grievances of which these very men complained, that they refused to
allow them to inspect their journals, returning for answer that it was a
dangerous precedent which might be used in violation of their privihges.
At this time the governor and commissioners had complete physical power
over the colony by the entire absence of anything like organized opposi-
tion, and from the presence of the king's troops ; and availing themselves
of this power they did not hesitate to wrest the journals of the Assembly
from the hands of its officer bv force. Upon which the Virginia Assem-
bly published a bold and manly declaration, setting forth "that his majesty's
commissioners having called for and forced from the clerk of the Assembly
all the original journals of the Assembly, which power they supposed his
majesty would not grant them, for that they find not the same to have been
practised by any of the kings of England, and did therefore take the same
to be a violation o£ their privileges, desiring withal 1 satisfaction to be given
them that they might be assured no such violation of their privileges should
be offered for the future." The king was so much displeased with this
declaration, that although he pardoned the members of the Legislature, he
directed the record of it to be erased, and required the governor to propose
a bill to the next General Assembly condemning the proceeding, and de-
claring the right of his majesty and his officers to call for all the public
records and journals whenever they shall think it necessary for his royal
service.*
♦IJening, vol. II. p. 5C1.
612 HISTORY OP VIRGINIA,
Sir Herbert Jeffries deserves the merit due to an advantageous treaty with
the Indians, and a successful opposition to the petty intrigues of the loyal-
ists. He died in 1678, leaving- the colony in the hands of the Lieutenant
governor, Sir Henry Chickerly, during whose administration magazines
and forts were established at the heads of the four great rivers to overawe
the savages, and a silly act passed prohibiting the importation of tobacco
from Carolina and Maryland for the purpose of transhipment, which prac-
tice if they had suffered it to continue might have proved very profitable to
the colony, besides putting the tobacco trade more exclusively into its owi>
hands. In the succeeding spring Sir Henry delivered the government to
Lord Calpeper. The first act of his lordship was to declare full and un-
qualified indemnity to all for their conduct in Bacon's rebellion, and allow-
ing reparation to those who should be reproached for their conduct upon
that occasion. This popular act, added to the pleasing and conciliatory
manners of his lordship, so won upon the good-natured simplicity of the
Assembly, that they passed an act which probably no force could have exr
torted from them. They raised the duties and made them perpetual instead
of annual as before, and what was at once surrendering up the great bul-
wark of that freedom for the safety of which they had been so long con-
tending, they made the duties henceforth subject to his majesty's sole direc-
tion and disposal.
The king rewarded Culpeper's address in obtaining this acquisition to
his power, by the addition of a thousand pounds to his salary and one hun-
dred and sixty pounds per annum for his rent. The Assembly too, as if
they could not do enough for a royal governor who could condescend to
smile upon them, granted his excellency a regular duty proportionate to
the tonnage of every vessel trading to Virginia. Culpeper having thus
obtained a considerable increase to his revenue by his trip to Virginia,
proceeded to England to enjoy it, leaving the colony once more with Sir
Henry Chicherly.
The discontents of the people again began to extend to a degree which
could scarcely be kept within bounds. The troops which had been senj
over to suppress Bacon's Rebellion were still kept up. There were nq
barracks and the people positively refused to receive these idle and trou-
blesome drones into their houses, although they were regularly billeted by
the government. The low price of tobacco too was a never failing source
of complaint, as well as the commercial regulations which aided in pro-
ducing it. The colony bad urged Culpeper to exert his influence at court
to procure a cessation from planting, to which they had for some time ir>
vain endeavored to obtain the assent of Carolina and Maryland.
To these evils another was now added which struck another blow at
commerce. The idea had been conceived that the colony couid not pros-
per without towns, and to promote their growth the planters living princi-
pally on the shores of the magnificent Chesapeake and the broad naviga-
ble rivers of Virginia, were required to bring their produce to particular
spots for the purpose of being shipped. Thus taxing the planter with
unnecessary freight and commission for the benefit of such idlers as might
congregate in the towns. These acts were enforced by heavy penalties',
and as they contributed very much to the benefit of the town's people, the'
penalty for the violation was rigorously enforced. These prosecutions
drove many traders from the country, and the poor planters to whom it
was physically impossible to convey their crops to these paper-towns w^re
HISTORY OF VIRGINIA. 613
doomed'to see their crops rotting on their hands by this injudicious legis-
lation, or if they attempted to evade the law, have them wrested from them in
the shape of penalties.* These several subjects of complaint induced the
people of several counties to petition the deputy governor to call an assem-
bly, to endeavor to provide a remedy for the evils. At the meeting of the
Assembly, there was much debate and declamation upon the condition of
the country, but no measure of relief was adopted. By order of the king
however the two companies of infantry were paid off and disbanded, which
put an end to one of the subjects of difficulty. The dissolution of the As-
sembly without effecting anything caused the impatience of the poor and
ignorant people of several of the counties to break through all restraint,
and expend their wrath in the destruction of tobacco plants, at a season of
the. year when it was too late to sow more seed. Sir Henry Chicherly
with commendable moderation only took measures to stop these misguided
people, without resorting to harsh punishments, but lest it should be drawn
into a precedent, the Legislature not long afterwards made it treason.! Jn
the mean time Lord Culpeper arrived and his haughty bearing to the Council
and the Burgesses soon gave intimation to them that his Lordship's feelings
towards the colony had undergone a change. He enlarged, in his speech
to the Assembly, much upon the favor of his majesty in disbanding the
troops, and spoke of permission which he had obtained to raise the value
of the current coin, — he then went on to declare that the colonists did not
deserve these gracious favors, but rather punishment for their recent turbu-
lence ; he also expressed his majesty's great dissatisfaction at the refusal of
the journals, and desired that that portion of their proceedings should be
expunged.
The Assembly expressed their gratitude for the concessions which had
been made by the king, but at the same time with admirable good sense,
and a knowledge of the principles of commerce which shows that they
were not acting blindfold with regard to the alterations in the price of tobacco
heretofore alluded to, protested by a large majority against raising the
value of the coin ; stating as a reason that the exercise of this dangerous
power would be made a precedent, and specie which of course as the
standard of other value should be as fixed as possible itself, would be blown
about by the breath of the governor, and the people would have no cer-
tainty of the value of the coin in their pockets. They stated moreover
that it was the duty of the Legislature to enact all laws for the regulation
of commerce, and of course to prescribe the current price of specie, and
they accordingly introduced a bill for that purpose; but this bill, which
w r as necessary, as tiie coins of many different countries were in circulation,
was stopped short in its progress by the governor, who declared that it was
trespassing upon executive prerogative, and that he would veto any bill
which the legislature might pass upon the subject. He then proceeded to
fix the value himself by proclamation, raising the current price considera-
bly, but making exception of his own salary and the revenue of the king.
This exception was in effect nothing more or less than a new tax of the
most odious and oppressive character, and the colony plainly recognised it
as such, and refused to regard the exceptions, but paid the revenue as other
debts according to the new standard. And the governor afraid to bring
â– *I-Iening, vol. II. 5G1-2 - 3., and Burk, vol. II. p. 230.
tllening, vol. 111. p. 11.
614 HISTORY OF VIRGINIA.
such a case before any court of law, which he well knew would expose
his contemptible meanness, and yet afraid to allow his proclamation to be
openly disregarded, which would have put an end at once to the authority
of his edicts, was compelled by the dilemma to lower the value of the coin
as suddenly as he had raised it. This was at once realizing all the worst
anticipations of the legislature as to the arbitrary fluctuations in the standard
,of value, besides being highly unjust and oppressive to such persons as
had made payment of debts according to the new standard, and such as had
given credit during the time of the alteration. The governors had by some
means been suffered to exercise the power of dissolving the Assemblies,
and this having now grown into a usage was a favorite method of silencing
their clamors, and they having rashly made the provision for the revenue
perpetual and put the control of that subject into the king's hands, were
bound hand and foot, and could not control executive usurpation by stopping
the wheels of government. The governor now made use of this danger-
ous power and dissolved, the Assembly. The governor thus left without a
watch or control over his actions proceeded to a vigorous exercise of ex-
ecutive powers. The unfortunate plant-cutters who had merely been im-
prisoned, and such of them dismissed from time to time as would give
assurance of penitence, and promise a peaceable demeanor, were now pro-
ceeded against with the utmost rigor for what the king was pleased to call
their treasonable conduct. But the aioblest victim for tyrannical persecu-
tion was Robert Beverly, the former clerk -of the Assembly, who had re-
fused to give up its papers without authority from "his masters, the house
of Burgesses." For some reason it seems that an inspection of journals
was demanded by the council again in 1682, and Beverley again refusing
to deliver them was thrown into prison, in a king's ship, the Duke of York,
then lying in the river, his persecutors being afraid to trust him to the
keeping of the jails among his countrymen. Whilst he was in prison a
committee of the council was appointed to seize the papers, which he fore-
seeing this event had secreted. The pretence for this imprisonment were
the most frivolous that can well be imagined .; he is accused of fomenting
discord and stirring up the late partial insurrections, but the only specific
act of which he was accused was setting on foot petitions for an Assem-
bly.* Under these arbitrary proceedings he was detained a prisoner, de-
nied the writ of habeas corpus, and hurried about from prison to prison
until the governor at last thought proper, after two years searching for
charges, to commence a regular prosecution.
The accusation consisted of three heads :—
1st. That he had broken open public letters, directed to the Secretary's
office, with the writs enclosed for calling an Assembly, in April 1682, and
took upon him the exercise of that part of the government, which belongs
to the Secretary's office and was contrary to his ; —
2nd. That he had made up the journal, and inserted his majesty's letter
therein (which was first communicated to the house of Buigesses at their
prorogation) after their prorogation; —
3d. That he had refused to deliver copies of the journal of the house of
Burgesses in 1682, to the lieutenant governor and council, saying, "that
he might not do it without leave of his masters."
This was all which could be charged against this faithful officer, after so
*Hening, vol. III. p. 543.
HISTORY OF VIRGINIA, 615
long an imprisonment, and so long a preparation for the prosecution. But
of course they will not bear scrutiny, being only a flimsy veil thrown over
their designs, rather indicating a wish to hide the naked deformity of the
prosecution, than actually concealing it.
Before this notable prosecution was ended Lord Culpeper forfeited his
commission, and was superceded by Lord Howard, who took the oaths of
office on the 28th of February 1684. His first measure was to call an as-
sembly which as a popular act, induced the colony to hope some degree of
mildness in his administration; but these hopes were soon dissipated. He
pursued the unfortunate plant-cutters with renovated vigor, and such of
them as had been excepted in a proclamation of general pardon, were now
executed and their estates after paying officer's fees, appropriated to the go-
vernor's own use.
The assembly met and refused to proceed with business for the want of a
clerk, as their former clerk was in prison, and they refused to elect another.
In this situation of affairs the matter seems to have been compromised, the
governor no doubt despairing of his conviction upon the absurd charges
made, and Beverley and his friends willing to end his long imprisonment
and sufferings, by asking pardon, at the same time not giving up the pa-
pers or the principles for which he suffered. Be this as it may Beverley
threw himself upon the mercy of the court, declining to employ counsel or
make any defence, and was pardoned.* Probably these long continued
sufferings, with other persecutions afterwards endured, injured the constitu-
tion of Beverley, for we find that he died prior to April 1687. His noble
conduct induced king James the then reigning monarch, to deprive the
Burgesses of the election of their own clerk, ordering the governor to elect
him, and requiring the assembly to make the clerk so elected, the usual al-
lowance for his services.
The accession of James II. was proclaimed with the usual demonstrations
p , . .. i^or- of respect in the colony, and complimentary assurances of
e ' â– ' loyalty on the one side and gracious regard on the other
were exchanged between his subjects and the assembly. But nothing was
done to secure the freedom of the colony, and Lord Howard took advan-
tage of the succeeding recess of the assembly, to enlarge the fees and per-
quisites of his office, and to impose new ones without the advice or authori-
ty of the assembly. This body which met in November, immediately took
into consideration these arbitrary exactions, and passed spirited resolutions
in reprobation of them, and made provision for the defence of the citizens
from similar encroachments in future. To these acts the governor applied
his negative, without assigning any reason Lord Howard not satisfied
with thus stopping the legislation of the colony, proceeded in effect to acts
of executive legislation, by issuing a proclamation, in obedience he said to
the king's instructions, repealing several acts of the legislature, which were
themselves repeals of former acts, and declaring the acts repealed by that
body to be revived, and in full force as before the passage of the repealing
acts. This proclamation the assembly protested against as illegal and un-
warrantable, as utterly subversive of the government, annihilating the right
of the popular branch, and bringing all to bow in humble submission to the
+ Hening, v. III. p. 548-9. Ibid p. 550.
616 HISTORY OF VIRGINIA.
mercy of the prerogative. The spirited conduct of the Burgesses, could
..... ifSf not be endured by the governor and he prorogued them.
Oct. ,-U, loco, ^phe governor had sent to James an account of the conduct
of this assembly. This representation produced in reply from James, a :
furious, quarrelsome order, calling their conduct mutinous, and attributing
it to their "unquiet dispositions and sinister intentions to protract the time