Give Me Liberty

on, should rise up in arms and overturn the government." He did not stop to consider that he himself, by giving away huge areas in the colony to favorites,

, if he knew anything about it, he could but

ir John Berry, and Colonel Francis Moryson a committee to go to Virginia to enquire into all grievances and report back to him. As for Berkeley, though he was to retain the t

horizing the Governor in his name to pardon all he thought "fit and convenient for our service."[2] But he mingled force with leniency by placing a thousand well-equipped men under Jeffrey's command. For the second time wit

d have been an immediate restoration of the rule of law, so that no man could be made to suffer without a trial before his peers. There should have been an election of Burgesses, in which the people could make their choices without pressure from the Governor

e assassination of President Lincoln, was left a prey to vultures-the so-called Carpetbaggers and Scaliwags-Virginia

llegal seizures. When he returned to Green Spring, the sight of his plundered house and barns, and the empty meadows where once hundreds of cattle and sheep had grazed drove him to fury. He showed "a greedy determination thoroughly to heal himself before he cared to staunch the bleeding gashes of the woefully lacerated country," by seizing men's "estates, cattle, ser

at he had suppressed the rebellion before the arrival of the troops, and pretended to be surprised that the King had thought it necessary to send them.[6] When the commissioners told him that illegal

as wicked as it was illegal. But now, on flimsy pretexts, he deliberately disobeyed him. He postponed his departure for three months, declaring that the word "conveniency" gave him the right to remain as long as he wished. He did publish the proclamation, but here again he found an excuse to balk t

r, Moryson pleaded with Lady Berkeley to intercede for him. "I would with more easiness of mind have worn the canvas linen the rebels said they would make me glad of," replied this proud lady.[8] Yet she weakened, and the Governor

of the commissioners."[10] In the elections intimidation and even fraud were used freely. Jeffreys wrote that the Assembly "by reason of the unsettled condition of the country was not

y into the causes of the rebellion. When the people presented their grievances they were denounced as "libellous, scandalous, and rebellious."[13] Many former rebels were forced to make humble submission on

id in Bacon's time."[15] Many a sullen planter eyed his fusil longingly, in the hope that Lawrence might emerge from the forests to head a new mutiny.[16] "The putrid humor of our unruly inhabitants are not so allayed, but that they do frequently vent themselves ... and were th

about to leave for England, they called on him at Green Spring. On leaving they found the Governor's coach waiting for them at the door. They did not realize that Lady Berkeley was peeping through "a broken quarrel of glass to observe how the s

failure of his administration, but for his flagrant disobedience. By the time he reached England the "tedious passage and grief of mind" had reduced him to great weakness. But he pleaded for an opportunity to "clear his innocency." If it is true, as was

refute these rumors Jeffreys issued a proclamation a few days before Berkeley left, formally taking over the government. In it he declared that he had as much power as any other Governor, and warned all men against belittling his office. And he put h

he leader of this group was the colorful and vigorous Lady Berkeley. She held such frequent meetings at her home that the loyalists became known as the Green Spring Faction. Here came Colonel Edward Hill, "

on for their losses despite all he could do. So they planned their strategy. Lady Berkeley was to strike terror into the people by threatening dire things when Sir William returned. Nor did they relax their efforts when word of Berkeley's death reached the co

of February 10, which had excepted so many persons from the royal pardon. Had Jeffreys been a well man he would certainly have published this letter immediately and relieved the people from their fear. But the Council urged him to conceal it for the present, and being weak and in bed, he yielded. This daring d

f the King's order to void Berkeley's proclamation, protesting that it had been procured by misinformation. But the contents leaked out, and there was bitter resentment at the delay. Most of the Assembly demanded its publication. At last, when Jeffreys and

compositions for injuries done during the rebellion; it imposed a penalty for the use of such terms as traitor, rebel, or rogue; it forbade the impressing of cattle, boats, or provisions without compensation; it regulated fees.[25] But it placed a crushi

him by force. In a vigorous protest to Jeffreys, they declared this a great violation of their privileges. This seizure we "humbly suppose his Majesty would not ... command,

." The Lords thought that the protest tended to rebellion, and that the Governor should rebuke the Assembly and punish the "authors and abettors."[28] Charles issued the order, but later, on the earnest plea of the Virginia Council, rescinded it. But he insisted th

children to maintain," faced utter ruin.[30] The lengths to which the Green Spring Faction was prepared to go is illustrated by a statement of Colonel Edward Hill at one of their gatherings. One of those present remarked that William Byrd wou

his life, but had seized his small plantation for his own use and forced her to flee with her five small children into the woods, where they might have starved had not the commissioners befriended them.[32] Moved by her misfortunes, the King sent an especial command that her proper

om pleading in the courts."[34] When Philip Ludwell's many insults were reported to Jeffreys he had him arrested and charged him with "scandalizing the Governor and abusing the authority of his Majesty." This was a serious matter indeed, for the penalty was whipping or the payment of a fine of 500 pounds of tobacco. The jury

ed persons of the late Governor's party, who endeavor by all the cunning contrivances that by their artifice can be brought about, to bring a contempt of Colonel Jeffreys, our present good Governor.... It is to be feared unless these fiery s

, he should have put Governor Berkeley on board ship and sent him to England when he refused to obey the King's commands. This would have prevented many hangings, relieved the fears

Spring Faction against him that they tried to prevent the payment to his widow of ￡1,200 due him for nine months' salary, and to charge her with all the perquisites he had received. When, as a consequence, she c

39] He had been a Burgess, a member of the Council, had commanded the Virginia forces in the Indian war, had remained loyal to Berkeley during the rebellion, and had been imprisoned by Bacon. But he

pendence and a desire to rectify the people's grievances. A degree of democracy was introduced into local government by an act empowering the voters of each parish to elect two men to sit in the county courts in the ma

nd a half months, in which scurvy and other diseases took a heavy toll. Chichele

thing but confusion and disaster. The colony was divided against itself, the most pressing of the people's grievances had not been redressed, many fa

the Parkes, the Custises, the Coles-had worked in close alliance with the Governor. The common people, on the other hand, lacked leaders to guide them in their struggle for their rights. But with B

xury despite the meagerness of his revenue. But the rise of the Whig Party under the leadership of the able Earl of Shaftesbury was now threatening to undermine his power. All London was in terror when Titus Oates came forward with a wild story that the Catholics were plottin

on; he by sacrificing England's foreign interests for French gold. In March, 1678, Charles negotiated a secret treaty with Louis XIV in return for ￡300,000.

istry, the direction of colonial matters was turned over to a committee of the Privy Council, presided over by the Secretary of State. In this way the King's most trusted ministers were brought into close touch with the colonies. Sir Joseph Williamson, Secretary from 1674 to

James II, or whether on their own initiative they shaped colonial policy in accord with domestic policy. In either case it was the Second Stuart

ere to be left in the colony, a fort was to be erected "whereby the King may be safe from rebellions," all laws were to be sent to England for revision. The last proposal was an innovation of s

"these bills we have caused to be under the Great Seal of England, and our will is that the same bills ... you shall cause to be considered ... in our Assembly of Virginia ... an

a draft of such bills as he and the Council should think fit to be passed, so that he could go over them and return them in the form he th

y. "It is our will and pleasure that for the future no General Assembly be called without our special directions, but that, upon occasion

supreme court of appeals. "Our pleasure also is that for the better and more equitable administration of justice in our said colony, appeals

draped by the flowing hair of the Cavalier, has a prominent nose and a weak mouth with the trace of a sneer. Culpeper had followed Charles into exile, and with the Restoration had expected compensation for his losses. But

ute. Culpeper was interested in filling his pockets. The Green Spring Faction were still seeking to make good their l

orests of Virginia; he had little interest in carrying out his instructions. All he wanted was his salary and anything he could make out of the Northern Neck. At last, after t

cure his support. When the Council met, Culpeper was assured that the King had been misinformed on many points by Moryson and Berry. Philip Ludwell was a loyal, honest se

not to present it. To do so would "unravel and disturb the good and cheerful settlement we are now in by your Excellency

the estates of the former rebels, and the aggrieved loyalists were encouraged to seek redress through the Assembly. C

but fifty acres, the loyalist and the former rebel alike realized that Charles was bent on reducing both

esses had come on horseback from their James City or Charles City plantations, others by shallops from the Upper James, still others from the far

d signed by the King. What right has he or the Privy Council to introduce bills in this Assembl

ould be used to pay the Governor's salary, or to defend the colony against the Indians, or for repairing the statehouse, or for paying the salaries of the Burgesses. Now the Privy Council took it upon themselves to dra

urrender of their birthright.[51] So they replied to the Governor: "The House do most humbly desire to be excused if they do not give their app

f disposing of all revenues. Moreover, they were in no position to defy him, for he had it in his power to ruin most of them by demanding all arrears of quit rents. We do not know how ma

ed the other. A quarter of a century later, when the Board of Trade asked Attorney General Simon Harcourt and Solicitor General James Montague to pass on the validity of the act,

rd over the heads of the Council. It is true that they still retained in part their grip upon the purse, since the export duty together with the quit rents seldom met even the ordinary needs of the government, and were entirely inadequate in times of emerg

te bills with their advice and secure the King's approval before sending them to the House, they must have argued that it was impractical. They had no desire to have representative government in the colony made a mockery. Were the Burgesses to

to Secretary Coventry, until he had taken the matter up with his Majesty, until some vessel sailed and had made the tedious voyage to Virginia. If the need were the outbreak

nquiry held on his neglect of his office, he explained: "Having some thoughts of getting a revenue bill to pass, I was unwilling actually to

ved to rob the English soldiers who had remained in Virginia after Bacon's Rebellion of more than ￡1,000. These men had received no pay for many months, and were discontented and mutinous.[58] So the Privy Council gave Culpeper money to satisfy them and the families on whom they had been quartered. O

the output was necessary. It was to be a kind of soil bank, though without the subsidy. When this failed because Maryland refused to join in, angry mobs went from plantation to plantation, cutting down

then hastened back to England. By this time Charles had lost patience with him for his neglect of his government, the Attorney General was ordered to take a

ent, unscrupulous, he would have ridden roughshod over the people's rights had he not encountered t

his was received with dismay. They appealed to Effingham and the Council to join them in an address to the King imploring him to restore a privilege enjoyed from the earliest times. But in vain. "It is

as to threaten to make the Governor a mere figurehead. It was the Council which was to be responsible for the dismissal of Andros and Nicholson. Governor Spotswood, in his bitt

e Burgesses protested. Such a thing would be "grievous and ruinous," they said, and would involve delays and great expense. Moreover, they could not find that appeals to England had be

r Committee of Trade and Plantations ... have received from some unknown persons a paper entitled An Address and Supplication of the General Assembly of Virginia to the late King ... which you have refused to

t they had received "many grievous complaints" that unlawful fees had "under color of his Majesty's royal authority" been unjustly imposed upon the people. They protested especia

denial that the Governor and Council should have any power to lay the least levy to ease the necessity for so frequent Assemblys," Effingham wrote the Committee of Trade and Plantations in Febr

Assembly had fixed the rate of payment at twopence a pound, which at that time approximated the current price. But the decline in the value of the leaf had greatly lessened the value of the returns. So in 1684 the King ordered Effingham to accept only specie, "that is to

... we have thought fit to repeal the said act."[66] Upon receipt of this order Effingham sent for the Burgesses to meet him in the Council Chamber. When they filed in he soon found that they were in no mood to yield. Not only did they again refuse to repeal the law of 1662, but they "rudely and boldly disputed the King's authority in repealing

s revived a law of 1680 concerning attorneys by annulling the repealing law of 1682, the Burgesses rose as one man in angry protest. "A law may as well receive its beginning by proclamation as such a revival," they said. "Some Governor may be sent to gove

. They had been under the impression that the right of the people to make laws through their representatives was inherent in all Englishmen. If it were a grant from the King, which the King might at will withdraw, liberty in America rested on a shaky basis indeed.

r of the House of Burgesses, employed William Nuthead to set up a printing establishment at Jamestown. But they had picked an inauspicious time for their venture. Nuthead was ordered to appear before the Council "to answer for his presumption in printing the acts of Assembly ... and several other papers without licence." The Council ordered that "for preven

y of printing in Virginia," stated Charles in his instructions to Effingham, "no person is to be permitted to use any press for printing

ed on the people, there were bitter complaints. "Instead of being a guard and safety" to us as was intended, "they have by their long stay and ill behavior not only been totally useless, but dangerous," and the greatest of our terrors.[73] To make matters worse, complaints came in to the Assembly from

retain one's job. William Sherwood and Colonel Thomas Milner, for forwarding an address of the Burgesses to the Privy Council, were dismissed from office. Mr. Arthur Allen was "turned out of all employment, civil and military" to his great loss, "he being a surveyor of land at that ti

ty to raze his name out of the records as a justice of peace."[77] Mr. William Anderson, Scarburgh's colleague from Accomac County, must have been even more active in opposing the Governor, for when

must fall, for if none oppose, the country must languish under the severity of the government, or fly into mutiny to save themselves from starving. If any do appear more zealous in prosecuting the country's complaints they know what

d gathered an army of rustics, and was marching on London, some did not hesitate to express their sympathy. Effingham wrote that "so many took liberty of speech upon the rebellion ... that I was fearful it would have produced the same here."[80] But when he issued

lic general. At home he was replacing civil and military officers by Catholics. To remove all restrictions on Catholics he issued declarations of indulgence, giving freedom

appointees to the Council were members of the Roman Catholic Church-Colonel Isaac Allerton and Colonel John Armistead. That several justices of the peace refused to take

e country with Irish and French armies, and massacre the Protestants, was still fresh in men's minds. Perhaps his story is not false after all, it was whispered. Perhaps the plan may still be carried out. Think of what has just

o prohibit the exportation of loose tobacco received scant consideration. "Debates of grievances jostled out most other matters," reported Nicholas Spencer.[81] When the Council requested a conference on the tobacco bill, the House

resent groans under." Thereupon the House drew up a petition to the King which they entrusted to Philip Ludwell to deliver. Before James

for had he not left it is possible that the people might have risen in arms and sent him home. Several years later, when Francis Nicholson asked the Council whether "if his Excellency my Lord Effingham had s

by Jesuits and Indians to attack Virginia and Maryland. No less than 10,000 Senecas and 9,000 Nanticocks were under arms, he said, ready to cut off all the Protestants. As the report spread from plantation to plantation, the outlyi

to seize this opportunity to rise against the government, rather than the imaginary Indian plot, that had made them take up arms, the Council thought. Preferring not to take sides in a matter which could be settled only in England, they arrested some of the ringleaders.[85] But

ages, but an end to Berkeley's misgovernment. If the Council was right in their interpretation of the disorders of 1688, they, like the ousting of Andros in New England, were a part of the Glorious Revolution. The Council afterwards took great credit for s

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