CHAPTER XXXVIII.

1677.

Arrival of an English Regiment-The Royal Commissioners-Punishment of Rebels-Execution of Giles Bland-Commissioners investigate the Causes of the Rebellion-Seize the Assembly's Journals-Number of Persons executed— Cruel Treatment of Prisoners-Bacon's Laws repealed-Act of Pardon-Exceptions-Singular Penalties-Evaded by the Courts-Many of Bacon's Laws re-enacted-Berkley recalled-Succeeded by Jeffreys-Sir William Berkley's Death-Notice of his Life and Writings-His Widow.

ON the 29th day of January, 1677, a fleet arrived within the capes, from England, under command of Admiral Sir John Berry, or Barry, with a regiment of soldiers commanded by Colonel Herbert Jeffreys and Colonel Morrison. Sir William Berkley held an interview with them at Kiquotan, on board of the Bristol; and these three were associated in a commission to investigate the causes of the late commotions and to restore order. They were instructed to offer a reward of three hundred pounds to any one who should arrest Bacon, who was to be taken by "all ways of force, or design." And the other colonies were commanded by the king not to aid or conceal him; and it was ordered, in case of his capture, that he should be brought to trial here; or, if his popularity should render it expedient, be sent to England for trial and punishment. They were authorized to pardon all who would duly take the oath of obedience, and give security for their good behavior. Freedom was to be offered to servants and slaves who would aid in suppressing the revolt.* The same measure had been before adopted by the Long Parliament, and was resorted to a century afterwards by Governor Dunmore. It is the phenomenon of historical pre-existence. The general court and the assembly having now met, several more of

Chalmers' Annals, 336.

Bacon's adherents were convicted by a civil tribunal held at Greenspring, and put to death-most of them men of competent fortune and respectable character. Among them was Giles Bland, whose friends in England, it was reported, had procured his pardon to be sent over with the fleet; but if so, it availed him nothing. It was indeed whispered that he was executed under private orders brought from England, the Duke of York having declared, with an oath, that "Bacon and Bland shall die." Bland was convicted March eighth, and executed on the fifteenth, at Bacon's Trench, near Jamestown, with another prisoner, Robert Jones. Three others were put to death on another day at the same place. Anthony Arnold was hung on the fifteenth of March, in chains, at West Point. Two others suffered capitally on the same day, but at what place does not appear, probably in their own counties.*

In the month of April, Secretary Ludwell wrote to Coventry, the English secretary of state, "that the grounds of this rebellion have not proceeded from any real fault in the government, but rather from the lewd disposition of desperate fortunes lately sprung up among them, which easily seduced the willing minds of the people from their allegiance, in the vain hopes of taking the country wholly out of his majesty's hands into their own. Bacon never intended more by the prosecution of the Indian war than as a covert to his villanies."

The commissioners, who assisted in the trial of these prisoners, now proceeded to inquire into the causes of the late distractions; they sat at Swan's Point. The insurgents, who comprised the great body of the people of Virginia, had found powerful friends among the people of England, and in parliament; and the commissioners discountenanced the excesses of Sir William Berkley, and the loyalists, and invited the planters in every quarter to bring in their grievances without fear. Jeffreys, one of the commissioners, was about to succeed Governor Berkley. In their zeal for investigation the commissioners seized the journals of the assembly; and the burgesses in October, 1677, demanded satisfaction for this indignity, declaring that such a seizure could not

* Burk, ii. 255.

have been authorized even by an order under the great seal, because "they found that such a power had never been exercised by the king of England"—an explicit declaration of the legislative independence of the colony. Their language was stigmatized by Charles the Second as seditious.*

The number of persons executed was twenty-three,† of whom twelve were condemned by court-martial. The jails were crowded with prisoners, and in the general consternation many of the inhabitants were preparing to leave the country. During eight months Virginia had suffered civil war, devastation, executions, and the loss of one hundred thousand pounds,-so violent was the effort of nature to throw off the malady of despotism and misrule. Charles the Second, in October, issued two proclamations, authorizing Berkley to pardon all except Nathaniel Bacon, Jr.; and afterwards another, declaring Sir William's of February, 1677, not conformable to his instructions, in excepting others besides Bacon from pardon, and abrogating it. Yet the king's commissioners assisted in the condemnation of several of the prisoners. An act of pardon, under the great seal, brought over by Lord Culpepper, was afterwards unanimously passed by the assembly in June, 1680, and several persons are excepted in it who were included in Sir William's "bloody bill" in February, 1677.‡ The people complained to the commissioners of the illegal seizing of their estates by the governor and his royalist supporters; and of their being imprisoned after submitting themselves upon the governor's proclamation of pardon and indemnity; and of being compelled to pay heavy fines and compositions by threats of being brought to trial, which was in every instance tantamount to conviction. Berkley and some of the royalists that sat on the trial of the prisoners, were forward in impeaching, accusing, and reviling them—accusing and condemning, both at once. Sir William Berkley caused Drummond's small plantation to be seized upon and given to himself by his council, removing and embezzling the personal property, and thus compelling his widow, with her children, to fly from her home, and

* Chalmers' Revolt, i. 163, and Annals, 337.

Hening, ii. 366, 428, 458.

Hening, ii. 370.

wander in the wilderness and woods until they were well-nigh reduced to starvation, when relieved by the arrival of the commissioners. At length the assembly, in an address to the governor, deprecated any further sanguinary punishments, and he was prevailed upon, reluctantly, to desist. All the acts of the assembly of June, 1676, called "Bacon's Laws," were repealed, as well by the order and proclamation of King Charles, as also by act of the assembly held at Greenspring, in February, 1677.*

The assembly granted indemnity and pardon for all acts committed since the 1st of April, 1676, excepting Nathaniel Bacon, Jr., and about fifty others, including certain persons deceased, executed, escaped, and banished. The principal persons excepted were Cheesman, Hunt, Hansford, Wilford, Carver, Drummond, Crewes, Farloe, Hall, William and Henry West, Lawrence, Bland, Whaley, Arnold, Ingram, Wakelet, Scarburgh, and Sarah, wife of Thomas Grindon. Twenty were attainted of high treason, and their estates confiscated. The provisoes of the act virtually left the whole power of punishment still in the hands of the governor and council. Minor punishments were inflicted on others; some were compelled to sue for pardon on their knees, with a rope about the neck; others fined, disfranchised, or banished. These penalties did not meet with the approbation of the people, and were in several instances evaded by the connivance of the courts. John Bagwell and Thomas Gordon, adjudged to appear at Rappahannock Court with halters about their necks, were allowed to appear with "small tape;" in the same county William Potts wore "a Manchester binding," instead of a halter.

The assembly, in accordance with one of Bacon's laws, declared Indian prisoners slaves, and their property lawful prize. An order was made for building a new state-house at Tindall's (Gloucester) Point, on the north side of York River, but it was never carried into effect. Many of the acts of this session are almost exact copies of "Bacon's Laws," the titles only being altered-a conclusive proof of the abuses and usurpations of those in power, and of the merits of acts passed by those stigmatized and punished as rebels and traitors. Such likewise was the conduct of

* Hening, ii. 365.

the British Parliament in relation to the legislation of the Commonwealth of England. The fourth of May was appointed a fast-day, and August the twenty-second a day of thanksgiving.

Sir William Berkley, worn down with agitations which his age was unequal to, and in feeble health, being recalled by the king, ceased to be governor on the 27th of April, 1677, and returned in the fleet to London, leaving Colonel Herbert Jeffreys in his place, who was sworn into office on the same day. His commission was dated November the 11th, 1676-the twenty-eighth year of Charles the Second. In July, 1675, Lord Culpepper had been appointed governor-in-chief of Virginia, but he did not arrive till the beginning of 1680; had he come over when first appointed, it might have prevented Bacon's Rebellion.

Sir William Berkley died on the thirteenth of July, 1677, of a broken heart, as some relate,* without ever seeing the king, having been confined to his chamber from the day of his arrival. According to others, King Charles expressed his approbation of his conduct, and the kindest regard for him, and made frequent inquiry respecting his health. Others again, on the contrary, report that the king said of him: "That old fool has hanged more men in that naked country than I have done for the murder of my father." Sir William Berkley was a native of London, and educated at Merton College, Oxford, of which he was afterwards a fellow, and in 1629 was made Master of Arts. He made the tour of Europe in the year 1630. He held the place of governor of Virginia from 1639 to 1651, and from 1659 to 1677 -a period of thirty years, a term equalled by no other governor of the colony. He published a tragi-comedy, "The Lost Lady," in 1639, the year in which he came first to Virginia. Pepys, in his Diary, mentions seeing it acted. Sir William published also, in 1663, "A Discourse and View of Virginia." He was buried at Twickenham, since illustrated by the genius of Pope. Sir William Berkley left no children. By a will, dated May the 2d, 1676, he bequeathed his estate to his widow. He declares himself to have been under no obligation whatever to any of his

* Chalmers' Introduction, i. 164.

T. M.'s Account.

† Beverley, B. i. 79.