And so the trials and executions of the wretched rebels continued. As a result, no doubt, of the protests of the commissioners, the proceedings of the court martial were closed, and the accused were now examined before the court of oyer and terminer.[758] Gyles Bland, who for some months had been a prisoner aboard the Adam and Eve, was now made to answer for his participation in the Rebellion.[759] He possessed many powerful friends in England, but their influence could not save him. It was rumored that the Duke of York had blocked all efforts in his behalf, vowing "by God Bacon and Bland shoud dye".[760] Accordingly, on the eighth of March, he was condemned, and seven days later was executed.[761] Other trials followed. In quick succession Robert Stoakes, John Isles, Richard Pomfoy, John Whitson and William Scarburgh were sent to the scaffold.[762] Some of the Governor's friends expressed fear that the rabble might attempt to rescue these men, and "Counsell'd the not sending them to dye without a strong Guard", but the people dared not rise in their behalf.[763]
Robert Jones was condemned, but was saved from the gallows by the intercession of Colonel Moryson. Jones had fought with Charles I in the English civil wars, and now exhibited the wounds received in the service of the father as a plea for pardon for his rebellion against the son. Moryson was moved to pity at the plight of the old veteran and wrote to Madam Berkeley requesting her to intercede for him with the Governor.[764] "If I am at all acquainted with my heart," wrote the Lady in reply, "I should with more easinesse of mind have worne the Canvas Lynnen the Rebells said they would make me be glad off, than have had this fatal occasion of interceding for mercy."[765] None the less Berkeley consented to reprieve Jones, and many months later the King pardoned him.[766]
Anthony Arnold, who had been one of the most active of the rebel leaders, boldly defended the right of peoples to resist the oppressions of their rulers. He declared that kings "had no rights but what they gott by Conquest and the Sword, and he that could by force of the Sword deprive them thereof, had as good and just a Title to it as the King himselfe.... If the King should deny to doe him right he would make noe more to sheathe his sword in his heart or Bowells then of his own mortall Enemyes."[767] For these and other treasonable words this "horrible resolved Rebell and Traytor" was condemned to be "hang'd in Chaines in his own County, to bee a more remarkable Example than the rest".[768]
The Governor, even now, showed no inclination to put an end to the trials and executions. No sooner would the courts empty the jails of prisoners than he would fill them up again. The unhappy rebels, finding that the King's pardon gave them little protection, and that Berkeley excepted from it whom he wished, could not know where next the axe would fall.[769] None can say how far Sir William would have carried his revenge had not the Assembly requested him "to hold his hand from all other Sanguinary punishment".[770] This brought him to his senses and he consented, though with extreme reluctance, to dismiss his witnesses and juries, and put an end to the executions. And even then "he found out a new way" to punish his victims, "ffyning some of their Treasons and Rebellions and condemning others to banishment to England".[771]
The Governor's extreme severity and the insatiable greed of the loyal party brought the colony to the verge of another rebellion. The people were deeply angered. Had there appeared any person to lead them, "bould and courageous ... that durst venture his neck", the commons were ready "to Emmire themselves as deepe in Rebellion as ever they did in Bacon's time".[772] For many months it was feared that Lawrence, "that Stubborn desperate and resolved Rebell", would emerge from seclusion to put himself at the head of a new swarm of mutineers.[773] Were he to appear at this juncture, not even the presence of the English troops could prevent Bacon's veterans from flocking to his standard. "Soe sullen and obstinate" were the people that it was feared they would "abandon their Plantacons, putt off their Servants & dispose of their Stock and away to other parts". Had England at this juncture become involved in a foreign war, the Virginians would undoubtedly have sought aid from the enemies of the mother country.[774]
Nor could the people expect relief or justice from the General Assembly which met at Green Spring, February the twentieth, 1677.[775] The elections had been held soon after the final collapse of the Rebellion, amid the general terror inspired by the numerous executions, and had resulted in an overwhelming victory for the loyalists. In many counties, staunch friends of the Governor had been put in nomination, and the commons given an opportunity of showing the sincerity of their repentance by electing them to the Assembly. William Sherwood declared that most of the Burgesses were Berkeley's "owne Creatures & choase by his appointments before the arrivall of the Commissioners".[776] In several places fraud as well as intimidation seems to have been used to secure the election of loyalists. The commons of Charles City complained that there had been illegal voting in their county and seventy of them signed a petition, demanding a new election, which they posted upon the court house door.[777] That the Assembly was in no sense representative of the people seems to have been recognized even in England, for some of the King's ministers declared that it had been "called when ye Country was yet remaining under great distractions, and uncapable of making their Elections after ye usual manner".[778]
Certain it is, that the House of Burgesses as well as the Council, was filled with ardent loyalists and friends of the Governor. They passed several acts confirming all Berkeley's recent measures, and inflicting further punishment upon the luckless rebels.[779] Some that had escaped the gallows were forced to pay heavy fines, others were banished.[780] Many were compelled to make humble submission, with ropes around their necks, upon their knees before the Governor or the county magistrates. Large sums of money were voted to reward the most active of Berkeley's supporters. All that had held command among the rebels, even Ingram and Walkelett, were made forever "incapable of any office civil or military in Virginia". To speak ill of the Governor and Council or of the justices of the peace, was declared a high crime, punishable by whipping. If the people, to the number of six, assembled in arms, they were to be considered mutineers and rebels. And the Burgesses showed great reluctance to reduce their own salaries, which the people considered so excessive. The Governor feared to insist upon it, "least perhaps he might thereby disoblige and thwart his own ends and interest in the Assembly", and only the positive commands of the King, delivered to them by the commissioners, could induce them to make any reduction at all.[781]
They passed resolutions praising the wisdom, the bravery, the justice and integrity of the Governor, and exonerating him for all blame for the outbreak of the Rebellion.[782] "The distempered humor predominant in the Common people", which had occasioned the insurrection, they declared the result of false rumors "inspired by ill affected persons, provoking an itching desire in them to pry into the secrets of the grand assembly".[783] They snubbed the King's commissioners, replying to their request for assistance in discovering the common grievances that the Assembly alone was the proper body to correct the people's wrongs.[784] Yet when the commons did come to the Burgesses with their complaints they were repulsed with harsh reproofs and even severe punishment. Certain grievances from Isle of Wight county were denounced as "libellous, Scandalous and rebellious" and "the chiefe persons in the Subscriptions" were to be punished "to the merits of their Crymes".[785] A petition from Gloucester county was declared to savor so strongly of the "old leaven of rebellion" that it must be expunged from the records. When the people of Nansemond appealed for a more just method of taxation, they were answered briefly, "It is conceived the pole is the equallest way."[786]
One is inclined to wonder why the people, thus finding the Assembly but an instrument of oppression in the Governor's hands, did not turn eagerly for support and relief to the King's commissioners. These men had invited them to bring in all their pressures, without restraint or fear of punishment. His Majesty, they announced, was anxious to know what had caused them to rise against his authority. All just complaints would be carefully considered and all grievances redressed.[787] But dread of Sir William's anger held the people back. Their chief grievance was the old Governor himself, but there were few that dared say so, even with the promise of the King's protection. The commissioners wrote Secretary Coventry that until "the awe of his stay" was removed, they could "never thoroughly search and penetrate into the bottome of the Businesse".[788] Berkeley, they said, continually impeded their investigations and prevented the people from testifying. It might be necessary for Colonel Jeffreys to send him home, before the mists he cast before them could be dispelled.[789] When he was gone, a short time would show boldly those things that as yet only cautiously peeped forth.[790]
The violent opposition which the commissioners encountered from the Governor and the loyalists soon forced them to become the leaders of the defeated party. The poor people looked forward with hope to the day when Sir William would leave and Colonel Jeffreys assume control of the executive. Then, they were sure, the persecutions would end and justice be done them.