Most fortunately neither of these instructions could be enforced. The great distance of England from Virginia, and the time required to communicate with the King, made the summoning of the Assembly and the initiation of legislation without the royal assent a matter of absolute necessity. Lord Culpeper, with his Majesty's especial permission, disregarded these orders during his first visit to the colony, and later, to his great satisfaction, the Committee of Trade and Plantations "altered their measures therein".[885]
Culpeper was directed to secure in the colony a permanent revenue for the King. It was rightly judged that the representatives of royal authority could never be entirely masters of the government while they were dependent for their salaries upon the votes of the Assembly. Sir William Berkeley, it is true, had rendered his position secure by obliging all "the men of parts and estates", but similar methods might be impossible for other Governors. The King and Privy Council did not, however, attempt to raise the desired revenue by imposing a tax upon the people without their own consent. An act levying a duty of two shillings a hogshead upon all tobacco exported from Virginia was drawn up by the Attorney-General for ratification by the Assembly.[886] The consent of the King in Council was duly received and the bill, with an act concerning naturalization and another for a general pardon, were sent to Virginia by Lord Culpeper. "These bills," the King told him, "we have caused to be under the Greate Seale of England, and our will is that the same ... you shall cause to be considered and treated upon in our Assembly of Virginia."[887]
The revenue bill was quite similar to an act of Assembly still in force, which had imposed a duty upon exported tobacco, but an all-important difference lay in the disposal of the funds thus raised. The former statute had given the proceeds of this tax to the Assembly, "for the defraying the publique necessary charges",[888] but the new act was to grant the money "to the King's most excellent Majesty his heires and Successors for ever to and for the better support of the Government".[889]
In order to carry out these new designs for the government of the colony, the King ordered Lord Culpeper to prepare to sail at once. The Governor, however, was most reluctant to leave the pleasures of the court for a life in the American wilderness. His departure had already been long delayed, more than two years having elapsed since Charles had told the colonists to expect his speedy arrival. Yet he still delayed and procrastinated. On the third of December, 1679, an order was issued giving his Lordship "liberty to stay in Towne about his affaires until Monday next, and noe longer, and then to proceed forthwith" to the Downs, where "the Oxford frigat" was waiting to convey him to Virginia.[890] But as he still lingered in London, the Captain of the frigate was ordered to sail up the Thames to take him on board.[891] No sooner had he left his moorings, however, than Culpeper, probably in order to gain time, hastened away to the Downs. This so aroused the King's anger that he was pleased to direct one of his principal secretaries to signify by letter to Lord Culpeper his high displeasure at his delay and neglect of duty, and that his intentions were to appoint another Governor of Virginia unless he embarked as soon as the frigate returned to the Downs.[892] But now adverse winds set in, and Culpeper, with the tobacco fleet which had waited for him, was unable to sail until February 13, 1680.[893]
He arrived off the capes May the second, and eight days later took formal possession of his government. Immediately the Councillors and other leading planters flocked around him, eager to secure his support against the old rebellious party. Nor was their presentation of their cause ineffectual in winning the Governor's sympathy. "All things," he wrote Secretary Coventry, "are ... far otherwise than I supposed in England, and I beleeve ye Council, at least I have seen through a mist."[894] It was to be expected then, that in settling the dispute that had so long troubled the colony he would favor the Berkeley faction. And this, so far as the King's commands would permit, he seems to have done. The wealthy planters expressed their satisfaction with his measures, and the commons, if they disapproved, feared to reveal their resentment. "His Excellency," wrote Colonel Spencer, "has with soe great prudence settled all the Affairs of the Country that our late different Interests are perfectly united to the general satisfaction of all his Majesty's Subjects in this colony."[895]
The Berkeley party was deeply displeased at the King's command to exclude Colonel Philip Ludwell from the Council. Recognizing in the order the influence of Colonel Jeffreys and the other commissioners, they assured the Governor that it had been secured by false representations. The Councillors declared "that they were very sencible of ye want of that Assistance they for many Years" had had from Colonel Ludwell, "whose good abilities, Knowne Integrity and approved Loyalty" rendered him most necessary to his Majesty's service. They therefore earnestly requested "his Excellency to Readmitt & Receive him to be one of ye Councill".[896] Culpeper yielded readily, and Ludwell was restored to his seat.
The Burgesses were chagrined at the order to oust Major Robert Beverley from all public employment. He was again the clerk of Assembly, for which office he was "their Unanimous Choyce", and his disgrace was regarded as a rebuke to the House.[897] Upon their earnest petition Culpeper consented that he should retain that important post in which he was soon to render signal service to the people and to incur again the anger of the King and his ministers.[898]
When the Assembly convened the Governor at once laid before it the Act of General Pardon, the Act of Naturalization and the Act for a Public Revenue. To the first and the second he obtained a prompt assent, but the third was strenuously resisted. The House of Burgesses was filled with gentlemen of the best families, men closely allied with the Council in position and interest, yet they were unwilling to permit any part of the public revenue to pass out of the control of the people.[899] "The House," they declared, "doe most humbly desire to be Excused if they doe not give their approbacon of his Majesties bill."[900] And so determined were they, that when the matter was again brought before them by the Governor they refused even to resume the debate.[901]
But Culpeper, fearful of the King's displeasure, and uneasy for the payment of his own salary, made strenuous efforts to secure the passage of the bill. He did not scruple to resort to bribery and intimidation to force obedience from the stubborn Burgesses. We have the testimony of the Governor himself to one notorious case of the misuse of the patronage. Among the leaders of the House of Burgesses was Isaac Allerton, a man of wealth and education, and an excellent speaker.[902] "He did assure me," Culpeper reported to the Privy Council, "of his utmost services in whatsoever the King should command him by his Governor, particularly as to a further Bill of Revenue for the support of ye Government, And I did engage to move his Majesty that hee should bee of the Council ... though not to be declared till after the Session of next Assembly, when I am sure he can bee as serviceable if not more than any other person whatsoever."[903] This bargain was faithfully kept and in time Allerton, for thus betraying his trust, received his seat in the Council.[904]
Nor did Lord Culpeper hesitate to intimidate the Burgesses by threatening to demand the payment of all arrears of quit-rents. This tax, although belonging to the King from the first settlement of the colony, had not, for many years, been duly collected. It was now rumored, however, that the Privy Council intended, not only to enforce for the future a strict payment, but to demand a settlement for the accumulated arrears. In 1679 Sir Henry Chicheley had forwarded to his Majesty a petition from the Assembly asking relief from this great burden. If this be not granted, he wrote, the payments which have been so long due and amount to so vast a sum, will fall heavily upon all, but especially upon the poor.[905] Culpeper, knowing well the anxiety of the Burgesses upon this point, told them that if they expected the King to grant their petition, they must yield to his desire for a royal revenue in the colony.