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 £1,200 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]