Virginia under the Stuarts 1607-1688

by Thomas Jefferson Wertenbaker

"By this means," wrote Colonel Daniel Parke, "and by persuading the burgesses that Sir William Berkeley was coming in Governour again, (the loyal party) got all confirmed that was done at the Assembly before held at Greene Spring."[857] In order to compensate themselves for their great losses and to fulfil the promises made by Berkeley to his followers during the Rebellion, they levied a tax upon the people of one hundred and ten pounds of tobacco per poll. "This with the county tax and parish tax," said Parke, "is in some counties 250lbs, in some 300, and in some 400lbs, which falls very heavie upon the poorer people." The county grievances were again rejected by the Burgesses as false and scandalous, and the persons presenting them were severely punished.[858] But the Assembly expressed an earnest desire to bring about a reconciliation between the hostile factions in the colony, and prescribed a heavy penalty for the use of such opprobrious epithets as "traytor, Rebell Rougue, Rebell", etc.[859]

The news of Berkeley's death was a severe blow to the Green Spring party. All the hope they had entertained that he would accomplish the overthrow of the work of the commissioners, at once fell to the ground. But they were somewhat consoled by the appointment of Lord Culpeper. This nobleman was related to Lady Berkeley, and they had good reason to believe he would reverse the policy of the present administration and ally himself with the loyalists.[860]

In the meanwhile the Lieutenant-Governor was regaining his health and spirits, and was taking a more active part in public affairs. He had been deeply angered with Colonel Philip Ludwell for his many insults, and he now determined to prosecute him "for scandalizing the Governor, and abusing the Authority of his Majesty".[861] Ludwell's unpardonable crime, it would seem, consisted in calling Jeffreys "a pitiful little Fellow with a perriwig".[862] He had also been heard to say that the Lieutenant-Governor was "a worse Rebel than Bacon", that he had broken the laws of Virginia, that he had perjured himself, that he "was not worth a Groat in England". Nor was it considered a sufficient excuse that Ludwell had made those remarks immediately after consuming "part of a Flaggon of Syder".[863] The jury found him guilty of "scandalizing the Governor", but acquitted him of any intention of abusing his Majesty's authority. The General Court, upon the motion of Colonel Jeffreys, referred the case to the King and Privy Council, that they might "advise a punishment proportionable to the offence".[864] Against this decision the defendant, as he had an undoubted right to do, appealed to the General Assembly. Ludwell felt, no doubt, that should the appeal be allowed, his great influence in the House of Burgesses would secure him a light sentence. But the court declared the case so unprecedented that the whole matter, including the question of appeal, must be decided by the King.

With the return of hot weather, Colonel Jeffreys, not yet being acclimated, or "seasoned", as the Virginians expressed it, again became seriously ill.[865] The Council elected a president to act in his place and once more assumed control of the administration.[866] The Green Spring faction, whom only the Lieutenant-Governor could restrain, again lifted its head and endeavored "to continue their old exactions & abuses".[867] Feeling, perhaps, a sense of security in their remoteness from the King, which made it impossible for him to watch their actions closely, or to mete out to them prompt punishment, they still disregarded his pardon and his reiterated commands.[868] "The colony would be as peaceful as could be wished," wrote William Sherwood in August, 1678, "except for the malice of some discontented persons of the late Governor's party, who endeavour by all ye cunning contrivances that by their artifice can be brought about, to bring a Contempt of Colonel Jeffreys, our present good Governor.... Those persons who are the troublers of the peace ... are ... Lady Berkeley, Colonel Philip Ludwell, Colonel Thomas Ballard, Colonel Edward Hill, Major Robert Beverley, all of which are cherished by Mr. Secretary Ludwell (who acts severely.) It is to be feared, unless these fiery Spiritts 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 & their interest."[869]

Colonel Jeffreys died in November, 1678.[870] It was the fortune of this Governor to come to the colony in one of the greatest crises of its history. Had he been a man of ability and firmness he could have rendered the people services of great value. He might have put an end to the reign of terror inaugurated by Berkeley, prevented the unending law suits, confiscations and compositions, reorganized the county courts and assured to the people a fair election of Burgesses. He seems to have wished to rule justly and well, but he was too weak to quell the strife between the rival factions and bring quiet to the distracted colony.

So bitter was the loyal party against Colonel Jeffreys, that after his death they sought to revenge themselves upon his widow. The Lieutenant-Governor had received no part of his salary from March, 1678, to the day of his death, and had, as a result, incurred considerable debt. As Mrs. Jeffreys was unable to meet all her husband's obligations, she was detained in Virginia, and, according to one account, thrown into prison.[871] "'Tis plain," she wrote Secretary Coventry, "they seek my Life in malice to my husband, though none of them can tax him with any injustice.... I cannot hope to outlive this persecution, but I most humbly beseech you to intercede for me to his Majesty, that my child may not be ruined."[872] Mrs. Jeffreys later received the arrears due her husband, and was thus enabled to free herself from the power of her enemies.[873]

Upon the death of Colonel Jeffreys, Sir Henry Chicheley, by virtue of a commission granted in 1674, assumed control of the government.[874] The new Governor had long served with distinction in the Council, and seems to have been a "most loyal, worthy person and deservedly beloved by the whole country".[875] But he was now too "old, sickly and crazy" to govern the colony with the vigor and firmness that were so greatly needed.[876] During the eighteen months of his administration the people were "not reconciled to one another", and "ill blood" only too often was manifested by both factions.[877]

Sir Henry had himself been a severe sufferer by the Rebellion. He had fallen into Bacon's hands and had even, it would seem, been threatened with death, in retaliation for Berkeley's execution of Captain Carver. Yet he attempted to rule impartially and well. Writs were issued in the spring of 1679 for an election of Burgesses, and the people were protected from intimidation at the polls. The Assembly, as a result, showed itself more sane, more sensitive to the wishes of the commons, than had been either of the sessions of 1677.[878] Several laws were enacted redressing some of the most flagrant evils of the old governmental system of Berkeley. The voters of each parish were empowered to elect two men "to sitt in the severall county courts and have their equall votes with the severall justices for the makeing of by lawes".[879] An act was passed putting a limit upon the excessive fees charged by the collectors of the customs.[880] And the clamor of the loyalists for the payment of their claims upon the treasury were unheeded, and all public debts were referred for settlement to the next session.[881]

Chicheley's administration came temporarily to an end with the arrival of Lord Culpeper. The period from the close of the Rebellion to May, 1680, when the new Governor-General took the oath of office, seems, at first sight, characterized only by confusion and disaster. The violent animosities, the uncertainty of property rights, the lack of a firm and settled government kept the people in constant uneasiness and discontent. The numerous banishments and executions had deprived the colony of some of its most intelligent and useful citizens, while the plundering of both parties during the Rebellion, and the numberless forfeitures that followed the establishment of peace, had reduced many men to poverty. Nor had the most pressing of the grievances that had caused the people to rise against the government been redressed. The Navigation Acts were still in force, the commons were yet excluded from their rightful share in the government, the taxes were more oppressive than ever.

Yet amid the melancholy confusion of the times, important changes for the better were taking place. Never again was an English Governor to exercise the despotic power that had been Sir William Berkeley's. This was not due to the greater leniency of the British government, or to lack of ambition in the later Governors. But the Rebellion and the events following it, had weakened the loyalty of the people and shown them the possibility of resisting the King's commands. The commons, angered at the severity of the punishment inflicted upon the rebel leaders, and disappointed in the royal promise that their grievances should be redressed, regarded the government with sullen hostility. The wealthy planters resented what they considered Charles' ingratitude for their loyal support in the hour of need, and complained bitterly of his interference with their attempts to restore their ruined fortunes. Throughout Berkeley's administration their interests had seemed to be identical with those of the Governor, and they had ever worked in harmony with him. With the advent of Colonel Jeffreys, however, they had been thrown into violent opposition to the executive. Their success in thwarting the policies of the Lieutenant-Governor, and in evading and disobeying the King's commands gave them a keen appreciation of their own influence and power. They were to become more and more impatient of the control of the Governors, more and more prone to defy the commands of the English government.