The hatred and contempt of the Governor's friends for Colonel Jeffreys and his colleagues is shown by an interesting and unique incident. Having heard that Sir William was at last preparing to sail for England, they went to Green Spring, on the twenty-second of April, to bid him farewell.[791] This they thought due his dignity and rank, even though their relations with him had been far from cordial.[792] As they left the house, after paying their respects to the Governor and his lady, they found Sir William's coach waiting at the door to convey them to their landing.[793] But before they rode away a strange man came forward, boldly putting aside the "Postillion that used to Ryde" and got up himself in his place. The Governor, several Councillors, and others saw what occurred, but did not offer to interfere. Lady Berkeley went "into her Chamber, and peep'd through a broken quarrell of the Glass, to observe how the Show look'd".[794] After reaching their boat, the commissioners found to their horror that the strange postilion was none other than the "Common Hangman that ... put the Halters about the Prisoner's Necks in Court when they were to make their submission". This seemed to them so gross an insult, not only to the "Great Seal", but to their "persons as Gentlemen", that they were resolved to make his Majesty himself acquainted with it.[795] "The whole country rings of ... the public Odium and disgrace cast upon us," they said, "as the Exchange itselfe shortly may."[796]
It is probable that Lady Berkeley alone was responsible for this incident, which, as the commissioners themselves said, looked "more like a woman's than a man's malice".[797] The Governor denied with passionate vehemence that he was in any way guilty. "I have sent the Negro[798] to be Rebuked, Tortur'd or whipt, till he confesse how this dire misfortune happen'd," he wrote the commissioners, "but I am soe distracted that I scarce know what I doe."[799]
Even before Berkeley left the colony Colonel Jeffreys issued a proclamation, formally taking possession of the government.[800] For some time it had been apparent that the Lieutenant-Governor's long delay in entering upon his duties was greatly weakening him in the estimation of the people. Since he had been forced to sit idly by for several months while Sir William carried to completion matters of the utmost importance, and had not dared to take his office so long as it pleased the old man to linger in the colony, many thought, quite naturally, that he could not have been entrusted with full authority to act as Governor. And this opinion had been industriously furthered by the loyal party. The departure of Sir William, they declared, did not mean a permanent change of administration. Jeffreys was to act only as his deputy during his absence and would retire upon his return.[801] Feeling that these views, if universally accepted, would undermine his influence and authority, Jeffreys entered a vigorous denial in his proclamation. He had been appointed, he declared, to exercise the power of Governor, as fully as Berkeley or any of his predecessors had done. No man should dare to belittle his office or authority. Berkeley was going home at his own request because his great age and infirmities rendered him unfit to sustain further the burdens of his position. The new executive had refrained from assuming his duties earlier, "because an Assembly being ... ready to convene, the issueing forth a new Summons ... must needs have greatly retarded the publique Weale".[802] Nor did he scruple to claim the full title of "Governour and Captain Generall of Virginia".
This proclamation aroused Berkeley's deepest ire. "Your ejecting me," he wrote Jeffreys, "from having any share in the Government whilst yet I am in the Countrey ... I beleeve can neither be justified by your Comision nor mine." "You say that his Majesty out of the knowledge of my inability to govern did surrogate so able a man as Coll: Jeffreys to supply my defects. I wish from my heart Coll: Jeffreys were as well known to the King and Counsel as Sir William Berkeley is, for then the difference would be quickly decided." The letter was addressed to the "Right honorable Coll: Herbert Jeffreys, his Majesty's Lieutenant Governor of Virginia", and was signed "William Berkeley, Governor of Virginia till his most Sacred Majesty shall please to determine otherwise".[803]
In the meanwhile the letters of the commissioners, reporting Berkeley's disobedience to the King's commands, had arrived in England. Charles was angered, not only at his delay in surrendering the government, but also at his presumption in disregarding the royal proclamation of pardon. "You may well think," he wrote Berkeley, "we are not a little surprised to understand that you make difficulty to yield obedience to our commands, being so clear and plain that we thought no man could have raised any dispute about them. Therefore ... we do ... command you forthwith ... without further delay or excuse (to) repair unto our Presence as We formerly required you."[804]
Secretary Coventry wrote even more severely. We understand, he said, that to the King's clear and positive orders for you to resign the government to Colonel Jeffreys, "upon certain pretences which are no wayes understood here, you have delayed at least if not refused obedience.... His Majesty ... seemeth not a little surprised as well as troubled to find a person that had for so many years served his Royal Father and himself through ye worst of times with so unshaken a loyalty, and so absolute obedience and resignation, should now at one time fall into two such great errors as to affront his Proclamation by putting out one of his owne at ye same time with his, and in that to exempt several persons from pardon, which were by the King's owne Proclamation made capable of Pardon; then after positive orders given for your immediate return ... you yet stay there ... and continually dispute with his Majesty's commissioners. I will assure you, Sir, his Majesty is very sensible of these miscarriages, and hath very little hopes that ye people of Virginia shall be brought to a right sense of their duty to obey their Governours when the Governours themselves will not obey the King. I pray you, Sir, ... take not councell from your owne nor any other body's passion or resentment, to take upon you to judge either conveniency or not conveniency of the King's orders, but obey them, and come over; and whatever you have to say ... you will be heard at large."[805]
Even before these letters were written Sir William had left the colony. He had embarked for England, May the fifth, in Captain Larrimore's sturdy ship which had stood him in such good stead in the hour of need.[806] But the old man, worn out by his violent passions and unusual exertions, was physically unfit for the long voyage across the Atlantic. He became very ill on shipboard, and reached England a dying man. "He came here alive," wrote Secretary Coventry, "but so unlike to live that it had been very inhumane to have troubled him with any interrogacons."[807] The news of the King's displeasure at his conduct added much to his suffering. He pleaded for an opportunity "to clear his Innocency" even though the "tedious passage & griefe of mind" had reduced him "to extreame weaknesse".[808] That Charles did not refuse him this privilege is attested by a letter written to Berkeley by Secretary Coventry. "I am commanded by his Majesty," he said, "to let you know that his Majesty would speake with you as soone as you can, because there are some ships now going to Virginia, and his Majesty would see what further Instructions may be necessary to be sent by them."[809] But Berkeley could not attend the King, either to give information or to plead his own cause. His condition rapidly became critical, and a few days later he died.[810]
Hardly had Sir William breathed his last than Thomas Lord Culpeper "kissed the King's hand as Governour".[811] This nobleman had received a commission, July 8, 1675, which was to take effect immediately upon the death, surrender or forfeiture of the office by Berkeley.[812] It had never been Charles' intention that Colonel Jeffreys should remain permanently at the head of the government of Virginia, and he now notified him to prepare to surrender his office to the new Governor.[813] The King, who felt that the unsettled condition of Virginia required Culpeper's immediate presence, ordered him to depart "with all speed", and told the colonists they might expect him by Christmas "without fayle".[814] But this pampered lord, accustomed to the luxury of the court, had no desire to be exiled in the wilderness of the New World. By various excuses he succeeded in postponing his departure for over two years, and it was not until the spring of 1680 that he landed in Virginia.[815] Thus, for a while, Colonel Jeffreys was left as the chief executive of the colony.
In the meanwhile the commissioners, freed from the baleful presence of the old Governor, were continuing their investigation into the causes of the Rebellion. Berkeley had advised them, when they first announced their mission, to carry out their work through the county courts.[816] But they had refused to accept this plan. The justices were almost all henchmen of Sir William, many were hated by the people and some were the objects of their chief accusations. Had the investigation been intrusted to their hands, they would most certainly have suppressed the principal complaints.[817] The commissioners, therefore, appointed especial officers in the counties to hear the people's grievances, draw them up in writing and bring them in for presentation to the King.[818] Even then the loyal party attempted, by intimidation, to prevent the commons from explaining without reserve what had caused them to take up arms against the government. Sir William, they were careful to report, would most certainly return, and any that dared charge him or his friends with corruption might expect the severest punishment.[819] But the announcement by the commissioners that his Majesty himself had promised his protection to all informants relieved the fears of the people and many came forward with the story of their wrongs.[820] These seem to have been faithfully drawn up by the officers and in time presented to the King.
The loyal party complained loudly that the commissioners used in this matter none but the enemies of the Governor.[821] Lord John Berkeley declared that they had sought information from such only as were known "to be notorious actors in the rebellion".[822] But the commissioners were undoubtedly right in insisting that all grievances should come from those that had been aggrieved. They themselves, they declared, were not responsible for the truth of the charges; their function was only to receive and report them. The King had sent them to Virginia to make the royal ear accessible to the humblest citizen. This could be done only by brushing aside the usual channels of information and going directly to the commons themselves. That some of the accusations were exaggerated or even entirely false seems not improbable; many were undoubtedly true. Posterity must accept them, not as the relation of established truth, but as the charges of a defeated and exasperated party.