Virginia under the Stuarts 1607-1688 Part 26

[705] P. R. O., CO5-1371-416; CO1-37-52; CO1-39-10.

[706] P. R. O., CO1-40-45.

[707] Ing's Pros., p. 45.

[708] Ing's Pros., p. 45; P. R. O., CO5-1371-416.

[709] Ing's Pros., p. 46; P. R. O., CO5-1371-416.

[710] P. R. O., CO1-39-13.

[711] P. R. O., CO5-1371-501.

[712] P. R. O., CO5-1371-416.

[713] P. R. O., CO1-39-10; Ing's Pros., p. 47.

[714] Ing's Pros., p. 48.

[715] Ing's Pros., p. 49.

[716] Drummond was captured Jan. 14, 1677.

[717] T. M., p. 23; Ing's Pros., p. 49.

[718] Ing's Pros., p. 50.

[719] Burk, Vol. II, p. 266; P. R. O., CO1-41-74, 75; CO389.6. Lawrence and Whaly made good their escape into the forest. They probably perished, however, from exposure, or at the hands of the Indians.

CHAPTER VII

THE PERIOD OF CONFUSION

When the news reached England that the common people of Virginia were in open revolt against their Governor, and had driven him from his capital, the King was not a little surprised and alarmed. The recollection of the civil war in England was still fresh enough in his memory to make him tremble at the mutterings of rebellion, even though they came from across the Atlantic. Moreover, since the customs from the Virginia tobacco yielded many thousand pounds annually, he could but be concerned for the royal revenue. If the tumults in the colony resulted in an appreciable diminution in the tobacco crop, the Exchequer would be the chief loser. Nor did the King relish the expense of fitting out an army and a fleet for the reduction of the insurgents.

His anxiety was increased by lack of intelligence from the colonial government. Several letters telling of Bacon's coercion of the June a.s.sembly had reached him, but after that months pa.s.sed without word from the Governor or the Council. From private sources, however, came reports of "uproars so stupendous" that they could hardly find belief.[720] It was rumored in England that Sir William had been defeated, driven out of the colony, and "forced to lie at sea".[721]

Charles seems to have perceived at once that Berkeley must have been responsible for the Rebellion. He probably cared very little whether the old Governor oppressed the people or not, so long as he kept them quiet, but it was an inexcusable blunder for him to drive them into insurrection. Charles himself, it is said, had resolved long before, never to resume his travels; he now wondered why Sir William had brought upon himself this forced journey to Accomac. He decided to inst.i.tute an investigation to find out what the Governor had been doing so to infuriate the people. A commission, consisting of Colonel Herbert Jeffreys, Sir John Berry and Colonel Francis Moryson, was appointed to go to Virginia to enquire into and report all grievances and pressures.[722]

Early in June, 1676, Berkeley had written the King, complaining that his age and infirmities were such that he could no longer perform properly his office in Virginia, and requesting that he be allowed to retire from active service.[723] The Council had protested against this resignation, but Charles thought it best to take Sir William at his word and to recall him from the government he had not been able to preserve in peace and quiet. In honor of his long service, and his well known loyalty, he was, however, to retain "the t.i.tle and dignity of Governor".[724] He was ordered to return to England "with all possible speed", to report upon his administration and to give an account of the extraordinary tumults in the colony.[725] During his absence the duties of his office were to be entrusted to Colonel Herbert Jeffreys, who was to bear the t.i.tle of Lieutenant-Governor.[726] He was not, however, to be the deputy or a.s.sistant of Sir William, and "to all intents and purposes" was made Governor-in-chief. Berkeley was to be "no wayes accountable" for his actions good or bad.[727]

The King instructed Colonel Jeffreys, before attempting to subdue the rebels by force of arms, to exhaust all peaceable means of securing their submission. In order to make this task more easy, he drew up and had printed a proclamation of pardon, which he directed him to publish throughout the colony. All, it declared, with the sole exception of Bacon, that should surrender themselves, and take the oath of allegiance and supremacy, were to receive free and full forgiveness. Charles felt that most of the colonists were at heart still loyal, and would, if their grievances were redressed, be glad to accept his royal offer of grace.

But he did not rely entirely upon gentle measures, for, after all, the stubborn Virginians might distrust his promises and reject the pardon.

So he resolved to send to the colony a strong body of troops to bring them to their senses, if necessary, at the point of the bayonet. A thousand men, thoroughly equipped for active service, were put under the command of Colonel Jeffreys and embarked for the colony.[728]

In the meanwhile, Governor Berkeley, having regained his authority, was busily engaged in reimbursing himself and his friends for their losses in the Rebellion. There can be no doubt that many of the loyalists had suffered severely by the depredations of the insurgents.[729] Those that followed the Governor into exile upon the Eastern Sh.o.r.e, had been compelled to leave their estates to the mercy of the enemy. And the desperate rebels, especially after death had removed the strong arm of Bacon, had subjected many plantations to thorough and ruthless pillage.

Crops had been destroyed, cattle driven off, farm houses burned, servants liberated. Almost every member of the Council had suffered, while Berkeley himself claimed to have lost no less than 10,000.[730]

Thus, it was with a spirit of bitterness and hatred that the loyalists, in January and February, returned to their ruined homes. Quite naturally, they set up a clamor for compensation from the estates of those that had plundered them. Now that the King's authority had been restored, and the cause they had contended for had triumphed, they demanded that the vanquished should be made to disgorge their plunder and pay for their wanton destruction. Surely the Governor's followers could not be expected to accept readily all these great losses as a reward for their loyalty.

But restoration upon a large scale would almost certainly entail injustice, and would fan again the flames of bitterness and hatred. It might be possible to restore many articles yet remaining in the hands of the rebels, but most of the plundered goods had long since been consumed. It was often impossible to determine what persons had been guilty of specific acts of pillage, while many of the most active rebels were very poor men, from whom no adequate compensation could be obtained.

There ensued an undignified and pernicious scramble by the loyalists to seize for their own use the property of the few well-to-do insurgents.

On all sides confiscation, unauthorized seizures, and violence marked the collapse of the Rebellion. In these proceedings Sir William took the lead. His servants went out, under pretence of searching for his stolen property, to take for his use the sheep, the cattle, and other goods of the neighboring rebels.[731] He showed, it was declared, "a greedy determination thoroughly to heale himselfe before hee car'd to staunch the bleeding gashes of the woefully lacerated country.... Making and treating men as delinquents, before any due conviction or attainder, by seizing their estates, cattle, servants and carrying off their tobacco, marking hogsheads and calling this securing it to the King's service."[732]

Even more unjustifiable was the conduct of Sir William in resorting to arbitrary compositions with his prisoners to fill his exhausted purse.[733] Men were arrested, thrown into jail, terrified with threats of hanging, and released only upon resigning to the Governor most or all of their estates.[734] One James Barrow was locked up at Green Spring and refused permission to plead his case before the Governor. He was told that his release could be secured only upon the payment of a ruinous composition. "By reason," he said, "of the extremity of Cold, hunger, lothsomnesse of Vermin, and other sad occasions, I was forct to comply."[735] Edward Loyd was held for twenty-one days, while his plantation was invaded, and his wife so frightened that she fell into labor and died.

It was proposed by the loyalists to share among themselves the estates of all that had been executed for treason, had died in arms against the King, or had fled from the colony to escape the Governor's vengeance.[736] It did not matter to them that the wretched widows and orphans of these men would be left dest.i.tute. Nor did they stop to consider that these estates, if forfeited at all, could not be seized legally for private use, but should revert to the Crown. They thought only of repairing their own ruined fortunes.[737]

In the midst of this confusion and lawlessness Berry and Moryson, with a part of the fleet and seventy of the English soldiers, arrived in the James River.[738] They had left Portsmouth November the nineteenth, but it was January the twenty-ninth before they reached Virginia.[739]

Without waiting for Jeffreys and the main body of the fleet, they notified the Governor of their arrival and requested an immediate conference. Berkeley came aboard their flag-ship, the _Bristol_, February the first, where he was notified of their mission and intrusted with official letters.[740] He poured into the ears of the commissioners the recital of the exciting events of the past months--the destruction of Jamestown, Bacon's death, the surrender of Ingram and Walkelett, the execution of the leading rebels, the return of "the poore Scattered Loyal party to their ruined homes".[741] Although peace had been restored not three weeks before, he pretended astonishment that the King had thought it necessary to send soldiers to his aid.

Nor could he conceal his irritation at the mission of Berry and Moryson.

That Charles should think it necessary to make an investigation of affairs in Virginia betokened a lack of confidence in the Governor.

Berkeley's friends claimed, no doubt truly, that he was the author of every measure of importance adopted by the government of Virginia. An inquiry into conditions in the colony could but be an inquiry into his conduct. And the Governor, perhaps, knew himself to be guilty of much that he did not wish to have exposed before his royal master.

Moreover, Berkeley was not in the humor to brook interference at this juncture. He was inexorably resolved that the chief rebels should be brought to the gallows and that his own followers should be rewarded for their faithfulness. If the commissioners intended to block these measures, or protest against his actions when in violation of law, they might expect his bitter hostility.

Before the commissioners had been in Virginia two weeks their relations with the Governor became strained. The disposing of the "delinquents Estates", they announced, must be referred to the King. Loyal sufferers should not secure rest.i.tution except by due process of law. Seizures of tobacco and other goods must stop. Soon the meetings in the cabin of the _Bristol_ became so stormy that the commissioners decided to hold all future communication with Sir William in writing. This they thought necessary because his "defect of hearing" not only made privacy impossible, but looked "angrily, by loud and fierce speaking".[742]

A few days later Colonel Jeffreys arrived with the remainder of the fleet. He and his fellow commissioners found the whole country so ruined and desolate that they experienced considerable difficulty in securing a place of residence.[743] As the Governor disobeyed flatly the King's commands to entertain them at Green Spring,[744] they were compelled to accept the hospitality of Colonel Thomas Swann and make their home at his seat on the James River.[745] On the twelfth of February, Jeffreys, Berry and Moryson went to Green Spring, where they held a long conference with Berkeley and the Council.[746] Jeffreys produced his commission, and read the clauses which instructed Berkeley to return immediately to England, and to resign the government into his hands.[747]

It is easy to imagine with what anger Berkeley and his Council received this command. If Sir William must embark for England and give up his government to this stranger, they would be foiled in their revenge in the very moment of triumph. Jeffreys would probably put an end to the wholesale plundering of the rebels: the illegal distribution of confiscated estates, the seizure of goods, the unjust compositions. It was true that Sir William had written the King in June asking his recall, but many things had happened in Virginia since he penned that letter. He was pa.s.sionately opposed to leaving his government at this juncture.

And the old man's quick wit found an excuse for remaining in Virginia.

The word "conveniency" in his orders gave him a loophole.[748] It was evident to all that the King wished him to return without delay, but Berkeley pretended to believe that this word had been inserted in order to permit him to use his own convenience in selecting the date of departure. The question was put to the Council and this body gave a ready and joyous support to the Governor's interpretation. Jeffreys and the commissioners begged them to consider that the word referred not to Sir William's "conveniency", but to that of the King's service, yet they would not heed them.[749] So Jeffreys went back to Swann's Point in discomfiture and the old Governor remained in Virginia for three months more to carry to completion his plans of rest.i.tution and revenge.[750]

That he should have dared thus to trifle with his royal master's commands, which all his life he had considered sacred, reveals to us vividly his furious temper at this juncture. The humiliation and indignities he had experienced during the Rebellion had deprived him of all prudence.

Had Colonel Jeffreys been a man of force he would not have submitted to this juggling with the King's commands. With a thousand British troops at his back, he could easily have arrested Sir William and forced him to take ship for England. Although this would have been harsh treatment for one that had so long served the King, it was fully justified by the Governor's flagrant disobedience. And it would have relieved the colony of the presence of a man whose inhuman cruelty had rendered him odious to the people. But Jeffreys knew that the Governor's brother, Lord John Berkeley, was high in the King's favor, and might take revenge should he resort to violent measures. So he contented himself with writing home his complaints, and sat quietly by, while Berkeley carried to completion his princ.i.p.al designs.

The Governor was deeply displeased with the King's proclamation of pardon. Should he publish it at once, as he was ordered to do, it would greatly hinder him in his work of revenge and render more difficult his illegal seizures and confiscations. Since the pardon excepted only Bacon, under its terms such notorious rebels as Robert Jones, or Whaly, or even Lawrence, might come in out of the wilderness and demand immunity. This Berkeley was determined should not be. He thought at first of suppressing the pardon entirely, and of setting out one of his own based upon it, excepting the most notorious rebels.[751] The commissioners urged him to publish the papers unchanged, as the King would undoubtedly resent any attempt to frustrate his intentions.[752]

And they insisted that there should be no delay. "Observing the generality of the people to look very amazedly one upon another", at the arrival of the English soldiers, as though dreading a terrible revenge by the King, they thought it highly desirable to "put them out of their paine".[753] It was, they declared, by no means unlikely that a new rebellion would break out, for the people were still deeply dissatisfied and "murmured extremely".

After several days of hesitation, Berkeley decided to issue the King's proclamation unchanged. Accordingly, on the tenth of February, to the great relief of "the trembling people", the printed copies brought over by the commissioners were made public.[754] But with them the Governor published a proclamation of his own, which limited and modified that of his Majesty.[755] Gyles Bland, Thomas Goodrich, Anthony Arnold, and all other rebels then in prison were to be denied the benefit of the pardon.

The King's mercy was not to extend to Lawrence and Whaly; or to John St.u.r.divant, Thomas Blayton, Robert Jones, John Jennings, Robert Holden, John Phelps, Thomas Mathews,[756] Robert Spring, Stephen Earleton and Peter Adams; or "to John West and John Turner, who being legally condemned for rebellion made their escapes by breaking prison"; or to Sara Grindon, "who by her lying and scandalous Reports was the first great encourager and Setter on of the ignorant" people; or even to Colonel Thomas Swann, Colonel Thomas Bcale or Thomas Bowler, former members of the Council.[757] The commissioners thought it highly presumptuous in Berkeley thus to frustrate the King's wishes, and they were careful to let his Majesty know the Governor's disobedience, but the Council of Virginia endorsed all his actions and the people dared not disobey.

And so the trials and executions of the wretched rebels continued. As a result, no doubt, of the protests of the commissioners, the proceedings of the court martial were closed, and the accused were now examined before the court of oyer and terminer.[758] Gyles Bland, who for some months had been a prisoner aboard the _Adam and Eve_, was now made to answer for his partic.i.p.ation in the Rebellion.[759] He possessed many powerful friends in England, but their influence could not save him. It was rumored that the Duke of York had blocked all efforts in his behalf, vowing "by G.o.d Bacon and Bland shoud dye".[760] Accordingly, on the eighth of March, he was condemned, and seven days later was executed.[761] Other trials followed. In quick succession Robert Stoakes, John Isles, Richard Pomfoy, John Whitson and William Scarburgh were sent to the scaffold.[762] Some of the Governor's friends expressed fear that the rabble might attempt to rescue these men, and "Counsell'd the not sending them to dye without a strong Guard", but the people dared not rise in their behalf.[763]

Robert Jones was condemned, but was saved from the gallows by the intercession of Colonel Moryson. Jones had fought with Charles I in the English civil wars, and now exhibited the wounds received in the service of the father as a plea for pardon for his rebellion against the son.

Moryson was moved to pity at the plight of the old veteran and wrote to Madam Berkeley requesting her to intercede for him with the Governor.[764] "If I am at all acquainted with my heart," wrote the Lady in reply, "I should with more easinesse of mind have worne the Canvas Lynnen the Rebells said they would make me be glad off, than have had this fatal occasion of interceding for mercy."[765] None the less Berkeley consented to reprieve Jones, and many months later the King pardoned him.[766]

Anthony Arnold, who had been one of the most active of the rebel leaders, boldly defended the right of peoples to resist the oppressions of their rulers. He declared that kings "had no rights but what they gott by Conquest and the Sword, and he that could by force of the Sword deprive them thereof, had as good and just a t.i.tle to it as the King himselfe.... If the King should deny to doe him right he would make noe more to sheathe his sword in his heart or Bowells then of his own mortall Enemyes."[767] For these and other treasonable words this "horrible resolved Rebell and Traytor" was condemned to be "hang'd in Chaines in his own County, to bee a more remarkable Example than the rest".[768]