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law. The commissioners then insisted that the forfeit- chAPTER ed estates should be appraised and inventoried, and bonds taken from the parties in possession, none to be 1677. dispossessed till his majesty's pleasure should be known. The first precedent of this sort had indeed been established by Berkeley himself, in granting the petition of the widow Bacon, to enjoy, under these conditions, the estate of her late husband. Toward the widow of Drummond Berkeley was much less gracious. Drummond's small plantation was seized to the governor's own use, and the widow driven from it, with her five small children, to wander and starve in the woods. But Sarah Drummond knew how to defend herself. She petitioned the king in council to be put on the same footing with the other widows; and presently, after Berkeley's death, she brought a suit against the Lady Berkeley, to recover the value of a crop she had appropriated; and in both cases successfully. The women, indeed, seem to have taken an active part in this affair. The wife of Cheaseman has been already mentioned. Sarah Grindon, “the wife and late attorney of Thomas Grindon,” was specially excepted as “a great encourager and assister in the late horrid rebellion,” out of an act of indemnity and free pardon presently passed. - This indemnity and pardon were, however, very limited. All those already executed or banished, together with several others who had escaped, were specially excepted from it, as were twenty-four other persons by name, except as to the punishment of death; several of whom were disposed of in a separate act of pains and penalties. Nor was this pardon to extend to servants, or to such as had plundered any Loyalists, or destroyed their cattle or burned their houses. Even to this slight con

corn cession the governor would not consent without an act

of attainder, including all whom he had executed by

1677. martial law, and such as had escaped by death or flight.

By another act, all who had held any command during the rebellion, or had been eminent in aiding, assisting, or encouraging it, except such as by a timely return to duty assisted in its suppression, were disqualified to hold any office, civil or military, except the offices of constable and surveyor of highways—a disqualification specially extended to Ingram, Walklett, and all who were in arms when West Point surrendered. To presume to speak, write, or publish any thing tending to rebellion, or in favor of the late rebels, exposed to heavy fines and standing in the pillory; the third offense to be punished as treason. If the culprit were a married woman, and no one volunteered to pay her fine, she was “to be whipped on the bare back with twenty lashes for the first offense,” and thirty for the second. Similar penalties were imposed for speaking disrespectfully of any in authority. Yet necessary reforms were not wholly omitted. It was provided by the same act, that any justice of the peace so drunk on court days as to be adjudged by his fellows incapable of performing his duties, should be fined, and for the third offense should lose his commission. Ministers “notoriously scandalous by drunkenness, swearing, fornication, or other heinous and crying sins,” were to forfeit for the first and second offenses half a year's salary, and for the third offense their cures. Several laws of the late Assembly for the correction of official abuses were re-enacted almost in terms. The act against tippling houses was somewhat relaxed; but all ordinaries must be licensed, the rate of charges was fixed, and only two were to be allowed in each county. Of those active in the late commotions, Bacon, Ingram, and Bland had been recent comers. That circumstance, corn

probably, prompted a law, that no person not born in

the colony, “unless commissioned by his most sacred 1677.

majesty,” should hold any office till after a three years'.

residence. Convicts in England and elsewhere were
forever disqualified to hold any office. The Assembly
closed their labors by directing the courts of law to be
reopened, and appointing the fourth day of May and the
twenty-second of August, the one as a solemn fast for
manifold sins, the other as a thanksgiving for recent great
mercies. -
The inhabitants being called on to send in their griev-
ances, the royal commissioners were soon overwhelmed
with complaints. It was apparent that on several points
they did not approve the governor's proceedings. He
hastened to England to justify his conduct, leaving the
government in the hands of Jeffreys.
The report of the commissioners, carried to England
by Moryson and Berry, was denounced by the governor's
friends as a “scandalous libel and invective” against
both the governor and the “royal party” in Virginia.
Sir William Berkeley was taken sick shortly after his
arrival in England, and died without ever having seen
the king. A report was whispered about in Virginia,
said to have been derived from one of the governor's at-
tendants, that his death was hastened by hearing that
the king had said of him, “That old fool has hanged
more men in that naked country than I did here in En-
gland for the murder of my father.” But according to
another account, he was graciously consoled on his death-
bed by royal inquiries after his health. It is certain,
however, that Lord Berkeley reproached the commission-
ers with having caused his brother's death. The late
governor, having no children, left all his property to his

April 27.

chapTER wife, the Lady Frances, who presently intermarried with

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Philip Ludwell.

The Indian war, the immediate cause of all the late disturbances, seems to have subsided so soon as expeditions against the Indians were dropped. Before the departure of his brother commissioners, Jeffreys easily effected a peace with the nearer tribes, in which even the more remote ones soon desired to be included. A new Assembly, called by Jeffreys, re-established the Indian trade upon a new footing. It was to be free to all, but was limited to semi-annual fairs at certain fixed places.

The same Assembly declared the year 1676 out of the statute of limitations; regulated suits and compositions for injuries done and property plundered during the late insurrection, and prohibited the use of provoking language on either side; tending to prevent the restoration of the colony to “its former estate of love and friendship.” They ventured, also, to remonstrate against some late proceedings of the royal commissioners in forcing their clerk, Beverley, to deliver up the records of the Assembly, which “they did take to be a violation of their privileges, for which they desired satisfaction.” But the king, so far from giving it, presently directed this resolution to be “rased out of the books,” and a bill to be brought in “declaring the right of his majesty and his officers to call for all the public records and journals whenever they shall think it necessary for his royal service.”

Ludwell, as well as Beverley, found himself out of favor with the new authorities. Provoked at Jeffreys's refusal to allow him to proceed at law against Walklett for damages done to his property during the rebellion, it being Jeffreys's opinion that Walklett was guaranteed against any such proceedings by the terms of his surrender, Ludwell indulged his tongue, notwithstanding chores the late acts, in very free comments on the governor. — “He was a worse rebel than Bacon;” “he was perjured 1677. in interrupting the course of justice;” “he was not worth a groat in England;” “if every pitiful little fel. low with a periwig that came out as governor was to undertake to make laws, there was an end of all security.” Ludwell was prosecuted, found guilty by a jury, and the whole proceedings transmitted to the king in council for advice as to the proper punishment. Ludwell appealed to the Assembly, as had been usual; but, instead of allowing the appeal, it was transmitted along with the other proceedings. The result appeared some years after, in a royal order prohibiting appeals to the 1683. Assembly; and that body thus lost forever the judicial * * authority it had hitherto exercised. Upon the death of Jeffreys, Sir Henry Chicheley pro- 1678. duced his old commission as deputy governor, in which * capacity he was acknowledged by the council. He presently called an Assembly, when measures were taken, 1679. very similar to those originally recommended by Berke- * ley, to guard the frontiers, which still continued to suffer by the depredations of stranger Indians, war and hunting parties of the Five Nations, and other tribes under their control. Forts were established on the Potomac, the Rappahannoc, the Mattapony, and the James River above the falls; and, to provide garrisons for them, every forty tithables throughout the colony were to furnish and support a man and horse completely provided with arms and accouterments. The law subjecting Indian captives to slavery was still retained. An attempt was also made to strengthen the frontier by grants of land for the establishment of military villages on the upper courses of the Rappahannoc and the James, two hund

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