Virginia under the Stuarts 1607-1688

by Thomas Jefferson Wertenbaker

These troubles, coming so soon after Bacon's Rebellion, caused great apprehension, both to the colonial government and to the Privy Council. "I know," wrote Secretary Spencer, "the necessities of the inhabitants to be such ... their low estate makes them desperate.... If they goe forward the only destroying Tobacco plants will not satiate their rebellious appatites who, if they increase and find the strength of their own arms, will not bound themselves."[927] And, although the actual rioters were "inconsiderable people", yet it was thought they had been instigated by men of position and wealth.[928]

Grave suspicion rested upon Major Robert Beverley.[929] It had been the importunities of "the over-active Clerk" that had persuaded Chicheley, against the advice of the Council, to convene the Assembly. It was he that had been the most industrious advocate of a cessation, that had fomented the disputes in the Assembly, that had most strenuously opposed adjournment. And it was he, the Council believed, that had "instilled into the multitude ... the right of making a Cessation by cutting up Plants".[930] Moreover, they thought it not improbable that he would lead the people into a new insurrection. The rabble regarded him with veneration and love. His activity in suppressing the Rebellion and his opposition to the county grievances of 1677 had been forgotten, and they saw in him now only the defender of the poor and helpless. Were he to assume the rôle of a Bacon and place himself at the head of the commons, he might easily make himself master of the colony. Although there was no evidence against him, "but only rudeness and sauciness", it was thought advisable to render him powerless to accomplish harm, by placing him under arrest.[931] He was taken without resistance by Major-General Smith, "though to his own great loss of 2 or 300 pounds, by the Rabbles cutting up his Tobacco plants within two days after out of Spight".[932]

Beverley was kept in strict confinement on board an English ship, the Duke of York, where for the time, he was safe from rescue by the people. But so fearful was the Council that he might plot for a general insurrection, that they issued orders forbidding him to send or to receive letters, and permitting him to speak only in the presence of the captain of the ship.[933] Even these harsh measures did not reassure them, and it was decided to send him to the Eastern Shore, where the people were most loyal to the government, and where rescue would be impossible.[934] As preparations were being made to effect his transfer, he escaped from the custody of the sheriff, and returned to his home in Middlesex. But he was soon recaptured, and conveyed to Northampton. Here, despite all the efforts of his friends and his own violent protests, he was kept in confinement for months. In the fall he applied for a writ of habeas corpus, but this was denied him under the pretext that the whole matter had been referred to the King, and was no longer within the jurisdiction of the Deputy-Governor and Council.[935] Since, however, all fear of a rebellion was now passed, he was permitted, upon giving bail to the sum of £2,000, to return to his home. But he was still restricted to the counties of Middlesex and Gloucester, was declared ineligible to public office and was forbidden to plead as an attorney in any colonial court.[936]

When the Privy Council learned of the plant-cutting in Virginia, they ordered Lord Culpeper "to repair to the Government with all possible speed, in order to find out, by the strictest enquiry, the abbetors and instruments of this commotion". And since they too were fearful of a new insurrection, they gave directions "that some person who shall be found most faulty may be forthwith punished".[937] "After which," the Privy Council advised, "and not before the Governor may be directed to consider of and propose, with the advice of the Council and the Assembly, ... some temperament in relation to the Planting of Tobacco and raising the price of that commodity."[938]

Culpeper left England in October, 1682, upon "the Mermaid frigat", and, after a tedious and dangerous voyage of eleven weeks, arrived safely in Virginia. He was resolved that the persons responsible for the plant-cutting should be brought immediately to trial, and punished with the utmost rigor of the law. The strictest inquiry was made into the conduct of Major Beverley, and had there been evidence sufficient to convict him, the unfortunate Clerk would undoubtedly have suffered death upon the gallows. But since only the most trivial offenses could be adduced against him, Culpeper was forced to turn elsewhere for the victims demanded by the English government.

So the prosecution was now directed against some of the actual plant-cutters. In this, however, Culpeper found himself greatly embarrassed by Chicheley's previous treatment of the matter. The Deputy-Governor had, some months before, issued pardons to many of the chief offenders, and had permitted the others to give bail, thus treating their crime as "Ryot and noe more", and making the affair seem "as slight as possible to the people".[939] But Culpeper, despite this action of Sir Henry, ordered the arrest of four of the most notorious plant-cutters and charged them with high treason. Their trial created great excitement throughout the colony, but "despite the high words and threats" of the rabble, three of them were convicted. Two were executed—Somerset Davies at Jamestown, and Black Austin "before the Court-house in Glocester county, where the Insurrection first broke out".[940] The third was pardoned by the Governor. "Hee was extremely young," Culpeper wrote, "not past 19, meerely drawn in and very penitent, and therefore ... I thought fit to mingle mercy with Justice and Repreeved him ... to the end the whole country might be convinced that there was no other motive in the thing but purely to maintain Government."[941]

But although Culpeper was thus vigorous in punishing the disorders of the poor people, he did nothing to remove the cause of their turbulence—the low price of tobacco. By an order in Council of June 17, 1682, he had been directed to grant a cessation, should it seem expedient, and had been given a letter from Secretary Jenkins to Lord Baltimore, requiring the coöperation of Maryland.[942] But, upon finding the colony in peace and quiet, and the Assembly busy with other concerns, he "took advantage thereof", and kept secret this unexpected concession. Culpeper pretended to believe that the desired cessation would be of no real benefit to the planters, but it is clear that he was consciously betraying the colony to the greed of the royal Exchequer.[943] "I soe encouraged the planting of tobacco," he reported to the Privy Council, "that if the season continue to be favorable ... there will bee a greater cropp by far than ever grew since its first seating. And I am confident that Customs next year from thence will be £50,000 more than ever heretofore in any one year."[944] Immediately after, he declared that he well knew "that the great Cropp then in hand would most certainly bring that place into the utmost exigencies again", and he promised to be prepared to quell the disturbances that would result.[945]

Before Lord Culpeper left England an order had been delivered to him "commanding that noe Governour of his Majesty's Plantations, doe come into England from his Government", without first obtaining leave from the King.[946] But so loath was he to remain long in Virginia, that as soon as he had dispatched the business of the April court, he once more set sail for England. "I judged it a proper time," he said, "to make a step home this easy quiet year, not out of any fondness to bee in England, ... but for the King's service only."[947]

But Charles and the Privy Council were weary of Culpeper's neglect of duty. They decided to rid themselves of so untrustworthy an officer and to appoint in his place a man that would remain in the colony and carry out their wishes and policies. An inquisition was held upon his conduct, and his letters patent as Governor-General were declared void.[948] On the 28th of September, 1683, a commission as Lieutenant- and Governor-General of Virginia was granted to Lord Howard of Effingham.[949]

Few British colonial Governors are less deserving of respect than Thomas Lord Culpeper. He was insensible of any obligation to guard the welfare of the people of Virginia, and was negligent in executing the commands of the King. He seems to have regarded his office only as an easy means of securing a large income, and he was untiring in his efforts to extort money from the exhausted and impoverished colony. Sir William Berkeley's salary as Governor had been £1,000, but Culpeper demanded and received no less than £2,000.[950] In addition, he was allowed £150 a year in lieu of a residence, received pay as captain of infantry and claimed large sums under the provisions of the Arlington-Culpeper grant.