Somewhat discouraged the colonists again sent commissioners, this time to Saint Mary's, to resume the broken thread of negotiations. Here at last success seemed to crown their efforts, for all differences were adjusted, and the cessation was agreed upon by the three colonies.[403] But the joy of Virginia at this happy outcome was soon turned to grief and indignation, for the Marylanders received a letter from Lord Baltimore, "in absolute and princely terms prohibiting the execution of the ... articles of cessation".
"This overtook us," wrote Governor Berkeley, "like a storm and enforced us like distressed marriners to throw our dear bought commodities into the sea, when we were in sight of our harbour, & with them so drown'd not only our present reliefs but all future hopes of being able to do ourselves good, whilst we are thus divided and enforced to steere by anothers compasse, whose needle is too often touched with particular interest. This unlimited and independent power ... of the Lord Baltimore doth like an impetuous wind blow from us all those seasonable showers of your Majesty's Royall cares and favours, and leaves us, and his own province withering and decaying in distress and poverty.... This unreasonable and unfortunate prohibition ... hath not only increased the discontent of many of the inhabitants of his province, but hath raised the grief and anger of allmost all your ... subjects of this colony to such a height as required great care to prevent those disturbances which were like to arise from their eluded hopes and vain expences."[404]
Can there be any doubt that the Navigation Acts and the futility of all attempts to escape their baleful effects, were largely instrumental in bringing on Bacon's Rebellion? As prosperity and contentment are the greatest safeguards of the public peace, so poverty, nakedness and distress are breeders of sedition. Philip Ludwell spoke of Bacon's army as "a Rabble of the basest sort of People; whose Condicion was such as by a chaunge could not admitt of worse".[405] Had England been less selfish in her treatment of Virginia, there would not have been so many indigent men in the colony eager to join in this wild uprising against the government. Berkeley himself admitted, in 1673, that at least one third of the freemen had been rendered so desperate by poverty and debt that in times of foreign war their loyalty to England could not be relied upon.[406]
But Charles II was indifferent to the welfare of these distant subjects and blind to their growing dissatisfaction. Just when the situation was most critical, he aroused their anger and grief to the highest pitch, by making a gift of the entire colony to Lord Culpeper and the Earl of Arlington. Previously he had granted that portion of Virginia which lies between the Potomac and the Rappahannock rivers, known as the Northern Neck, to Lord Hopton and several other noblemen. These patentees were to receive fees, remainders, reversions and escheats, and were given power to grant patents for all land that had not been taken up. This had caused the people of Virginia, and especially those residing in the Northern Neck, great uneasiness, and had proved a serious hindrance to the settling of that region. The Assembly, dreading the clash of jurisdiction which this grant made almost inevitable, had sent agents to England to persuade the King to annul the patent, or permit the purchase of the tract by the colony. While they were working to this end, there came the unexpected news that Arlington and Culpeper had received a grant of the entire colony. Without consulting in the least the desires of the people, Charles had given them over to two unscrupulous favorites, with the indifference he might have shown in presenting a necklace to his mistress. The colonists, "to their unspeakable griefe and Astonishment", felt now that they were "reduced to a far worse condition than that wherein they had adventured their lives and fortunes for the planting that Country under the Company".[407]
The privileges and powers granted in this patent, had they ever been exercised by Arlington and Culpeper, would have rendered the government at Jamestown almost a nullity. The two lords were to receive all escheats, quit-rents, duties and reservations belonging to the Crown; they were given power to divide the territory into counties, hundreds and parishes; to erect churches and present ministers to them; to make manors, fairs, and markets; to appoint sheriffs, surveyors, and other important officers; to issue patents for land; to appropriate to their own use all arrears of "rents and other profits", accruing since the year 1669.
In great alarm the Virginia Assembly directed the agents in England to use their utmost endeavors to have this grant recalled. At the same time they drew up a statement of their objections to the patent, showing how unjust and ruinous were its provisions. It was in direct conflict with numerous royal concessions and patents, given them from time to time under the Great Seal. There was good reason to fear that the lords, by their deputies, might impose upon them new rents and services. They might demand new surveys and new patents for land which had long been occupied. They might, in fact, completely devastate the government of all its "just powers and authorities".
The agents, upon receiving these instructions, went to the Lords Patentees to request them to resign the most obnoxious of their new powers.[408] In case they refused, the agents threatened to appeal at once to the King. Arlington and Culpeper received them courteously, and, after numerous delays, consented to relinquish the patent, provided Virginia would offer no objection to the passing of a new grant, assuring them the quit-rents and escheated property. The agents were well satisfied with this settlement, for it would relieve the colony of its fear of proprietary government, while the grant of the rents and escheats would impose little additional burden.[409]
In order, however, to prevent the giving away of such disturbing powers in the future, they petitioned the King to grant "Letters Pattents for the incorporacon" of the colony.[410] In this new charter they desired first that permission be given Virginia to purchase the Northern Neck. They next requested the King to promise that Virginia should have no other dependence than upon the Crown of England, "nor in the future be cantonized into parcells by grants made to particular persons". "And for the prevention of surreptitious grants" they desired his Majesty to promise in the charter that nothing should again pass concerning Virginia until a hearing had been given to some person impowered by the colony to represent their interests. Of even greater importance was their desire, "That there shall bee no Taxe or Imposition layd on the people of Virginia, but by their owne Consente, and that Express'd by the Representatives in Assembly."[411]
The whole matter came before the King in Council, June 23, 1675, and was referred to the judgment of Attorney-General William Jones and Solicitor-General Francis Winnington.[412] In October these officers reported that in their opinion the patent of incorporation would be beneficial both to the colony and the King's service, and ought to be granted. Charles thereupon gave directions that the papers be drawn up for his signature. But here, for some unknown reason, the matter came to a halt. Several months passed and the patent had not been issued.[413] At last, April 19, 1676, at the urgent request of the agents, his Majesty directed that the Lord Chancellor cause the papers to pass the Great Seal at once. But before this could be done, news came to England of Bacon's Rebellion, and the King immediately reversed his order. Later, other Letters Patent were granted, but they were very different from those sought by the agents, and contained little more than a bare declaration of the colony's direct dependence upon the Crown of England.[414]
This unsatisfactory business caused great irritation among the colonists. The heavy expense of carrying on the negotiations in England "made them desperately uneasie, especially when, after a whole Year's Patience ... they had no Encouragement from their Agents".[415] A tax of fifty pounds of tobacco per poll, imposed for the purchase of the Northern Neck, aroused widespread dissatisfaction. In April, 1676, Governor Berkeley, fully conscious of the mutterings of revolution, was awaiting with anxiety the arrival of favorable news from the agents. "There are divers," he wrote, "that would fain persuade the people that al their high taxes will bring them no benefit, so that if the most advantageous terms had been proposed to us it would have been impossible to have persuaded the people to have parted with more tobacco til a more certain demonstration had been given them of what is already done. I appeased two mutinies this last year raysed by some secret villaines that whispered amongst the people that there was nothing intended by the fifty pounds levy but the enriching of some few people."[416] In 1677, after Bacon's Rebellion, the King's commissioners heard from all sides that the imposition of this tax was one of the main causes of discontent.[417]