Virginia under the Stuarts 1607-1688

by Thomas Jefferson Wertenbaker

In their work of investigation the commissioners found that they had need of the records of the House of Burgesses. In April, 1677, after the adjournment of the session at Green Spring, they came to Major Robert Beverley, the clerk of the Assembly, and demanded "all the Originall Journals, Orders, Acts", etc., then in his custody.[823] Beverley required them to show their authority, and this they did, by giving him a sight of that part of their commission which concerned his delivery of the records.[824] He then offered to allow them to examine any of the papers necessary to the investigation, but he refused absolutely to relinquish their custody.[825] The commissioners, who distrusted Beverley and perhaps feared that he might conceal the records, "took them from him by violence".[826]

When the Assembly met in October, 1677, the House of Burgesses sent a vigorous protest to Colonel Jeffreys against these proceedings of the commissioners. Their action, they declared, "we take to be a great violation of our privileges". The power to command the records which the commissioners claim to have received from the King, "this House humbly suppose His Majesty would not grant or Comand, for that they find not the same to have been practiced by any of the Kings of England in the likewise.... The House do humbly pray your Honour ... will please to give the House such satisfaction, that they may be assured no such violation of their privileges shall be offered for the future."[827]

When Charles II heard of this bold protest he was surprised and angered. It seemed to him a "great presumption of ye said Assembly ... to call in Question" his authority.[828] Referring their representation to the Lords of Trade and Plantations, he directed them "to examine ye same, & to Report" what they thought "fitt to be done in Vindication of ... (the) Royall Authority, & for bringing the said Assembly to a due sence & acknowledgement of their Duty & Submission".[829] The Lords gave it as their opinion that the declaration was so "Seditious, even tending to Rebellion", that the new Governor should be directed to rebuke the Assembly and punish the "authors and abettors of this presumption".[830] The King commanded Lord Culpeper to carry these recommendations into effect. On the third of July, 1680, Culpeper brought the matter before the Virginia Council, preparatory to delivering the rebuke. But the Councillors made a vigorous defense of the action of the Assembly, and unanimously advised the Governor to suspend the execution of the King's command.[831] After some hesitation, Culpeper yielded, and the matter was referred back to the Privy Council. Charles was finally induced to rescind the order, but he insisted that all reference to the declaration "be taken off the file and razed out of the books of Virginia".[832]

The work of the commission being completed, Berry and Moryson, in July, 1677, sailed with the royal squadron for England.[833] Their report, which was so damaging to the Virginia loyalists, was not allowed to go unchallenged. Sir William Berkeley, upon his death bed, had told his brother, Lord John Berkeley, of the hostility of the commissioners, and charged him to defend his conduct and character. And Lord Berkeley, who was a member of the Privy Council and a man of great influence, did his best to refute their evidence and to discredit them before the King.[834] Their entire report, he declared, was "a scandalous lible and invective of Sir William ... and the royal party in Virginia".[835] His brother's conduct had been always prudent and just, and it was noticeable that not one private grievance had ever been brought against him before this rebellion.[836] The meetings of Lord Berkeley with the commissioners in the Council chamber were sometimes stormy. On one occasion he told Berry, "with an angry voice and a Berklean look, ... that he and Morryson had murdered his brother". "Sir John as sharply returned again" that they had done nothing but what they "durst justify".[837]

As the other members of the Privy Council protected the commissioners, and upheld their report, the attacks of the angry nobleman availed nothing. Secretary Coventry averred that Berry and Moryson had been most faithful in carrying out the King's directions, and he showed his confidence in their honesty and their judgment by consulting them upon all important matters relating to the colony.[838] And for a while, their influence in shaping the policy of the Privy Council in regard to Virginia was almost unlimited.

Nor did they scruple to use this great power to avenge themselves upon those men that had so antagonized them and hindered their investigation. Robert Beverley they represented to the Privy Council as a man of low education and mean parts, bred a vulgar seaman and utterly unfit for high office.[839] Colonel Edward Hill was the most hated man in Charles City county.[840] Ballard, Bray and some of the other Councillors were rash and fiery, active in opposing the King's orders and unjust to the poor people.[841] The Privy Council was so greatly influenced by these representations that they determined to reconstruct the Virginia Council, upon lines suggested by Berry and Moryson. Colonel Philip Ludwell, Colonel Ballard and Colonel Bray were expressly excluded from the Council, while Colonel Hill and Major Beverley as "men of evil fame and behavior" were deprived of all governmental employment whatsoever, and "declared unfit to serve His Majesty".[842] On the other hand, Colonel Thomas Swann, who had been excluded from the Council by Governor Berkeley, was now, for his kindness to the commissioners, restored to his seat.[843]

The departure of Sir William Berkeley by no means ended the opposition to Colonel Jeffreys. A part of the Council, realizing that continued hostility could result only in harm to themselves, made their peace with the new administration, and were received into favor, but the more violent of the loyal party remained defiant and abusive. Philip Ludwell, Beverley, Hill, Ballard and others openly denounced Jeffreys as a weakling, entirely unsuited for the important office he now occupied, and did their best to render him unpopular with the people.[844] The Lieutenant-Governor retaliated with considerable spirit, depriving some of their lucrative offices, and suspending others from the Council. Ludwell, whose conduct had been especially obnoxious, was ousted from the collectorship of York River.[845] Ballard was expelled from a similar office.[846] And many months before the changes in the Council ordered by the English government became known in Virginia, no less than six of the most active loyalists had been suspended by the Lieutenant-Governor.[847]

But events soon took a more favorable turn for the Berkeley party. The departure of Berry and Moryson deprived Jeffreys of his staunchest friends and advisors. And, before the end of the summer, he was prostrated by the Virginia sickness, which was still deadly to those unaccustomed to the climate of the colony. For several months he was too ill to attend properly to his duties or to resist the machinations of his enemies, and the government fell into the hands of the Council.[848] And since this body, despite its pretended support of the Lieutenant-Governor, was at heart in full sympathy with Beverley and Ludwell and the other loyalists, the policy of the administration was once more changed. The work of extortion was actively resumed and the courts again busied themselves with suits against the former rebels.[849]

But consternation seized the Green Spring faction, as the loyalists were now called, upon the arrival of the King's order, annulling Berkeley's proclamation of February 10, 1677, and reaffirming the general pardon.[850] If this command were put into effect, most of the confiscations secured since the Rebellion, would become illegal, and restitution would have to be made. So desperately opposed to this were the loyalists that they resolved to suppress the King's letter. They believed that it had been obtained by the influence of the commissioners, and this, they hoped, would soon be rendered nugatory by the presence at court of Sir William Berkeley. If they could keep the order secret for a few weeks, new instructions, dictated by the Governor, might arrive to render its execution unnecessary. Colonel Jeffreys protested against their disobedience, but he was too weak to oppose the will of the Council.[851] So, for six weeks, his Majesty's grace "was unknown to ye poore Inhabitants", while the innumerable suits and prosecutions were pushed vigorously. Not until October the twenty-sixth, when all hope of its revocation had been dispelled by fresh information from England, did the Council consent to the publication of the letter.[852]

In September, 1677, writs were issued for an election of Burgesses.[853] Had Jeffreys not been ill, he would perhaps have refused to allow a new session of the Assembly. The contest at the polls could but result in a victory for the Green Spring faction, as the electoral machinery was in their hands. The Lieutenant-Governor, although he had removed some of the higher colonial officials, had made few changes in the personnel of the county courts.[854] The sheriffs, by resorting to the old methods, made sure of the election of most of the nominees of the loyal party. Complaints came from James City county, New Kent county and other places that intimidation and fraud had been used to deprive the people of a fair election.[855] If we may believe the testimony of William Sherwood, the Berkeley faction carried things with a high hand. "The Inhabitants of James City County," he wrote, "did unanimously elect me a Burgess ... but several of my professed enemies ... procured another writt for a new election, with a positive command not to choose me. The people then being under amazement consented to whome soever the Sheriffe would returne, & so my enemies to make their party the stronger in ye house ... causd three Burgesses to serve for James City County."[856]