XV. and Bland had been recent comers. That circumstance, CHAPTER 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 attendants, 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 England for the murder of my father." But according to another account, he was graciously consoled on his deathbed by royal inquiries after his health. It is certain, however, that Lord Berkeley reproached the commissioners 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 Philip Ludwell. XV. 1677. 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 ef fected a peace with the nearer tribes, in which even the more remote ones soon desired to be included. A new Oct. 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 1681. 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 sur XV. render, Ludwell indulged his tongue, notwithstanding CHAPTER 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 fellow 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 May 23. authority it had hitherto exercised. Dec. 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- April. 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 CHAPTER red and fifty able men to settle in each village, and to XV. be always ready to repel the Indians. It does not ap 1679. pear, however, that this scheme was ever carried into effect. The poverty of the colony, occasioned by the declining price of tobacco, soon caused the garrisons to be reduced to twenty men each. By a "declaratory order" of this Assembly, all patents of lands extended to lowwater mark, and carried with them an exclusive right of fishing. Along with the joint grant of Virginia to Culpepper and Arlington, a commission also as governor for life, to take effect whenever Berkeley vacated the office, had been given to Culpepper. That nobleman had become possessed of the entire grant by the release of Arlington's share, and, after many delays, and repeated hints from the king, he proceeded at last to Virginia, and was 1680. sworn into office. He carried with him-what the royal May. commissioners had recommended, with an assurance to the king that the Virginians would never do it of themselves an act of general pardon and oblivion under the great seal, intended to bring to a final conclusion the disorders, discontents, and dissensions growing out of Bacon's rebellion. That act passed the Assembly unanimously. It remitted all forfeitures in consequence of the rebellion, except as to the estates of Bacon, Bland, Lawrence, and seven others, and disqualification to hold office still attached to Ingram, Walklett, and three others. Any new suits for damages done were prohibited except for the recovery of specific articles of property belonging to Royalists. Indented servants engaged in the rebellion were to suffer no other penalty except the loss of their time for eight months and a half, to be added to their respective periods of servitude. Another act, also under the great seal, gave to the XV. governor the power of granting letters of naturalization. CHAPTER A third revised and confirmed the acts imposing export and tonnage duties, adding a duty of sixpence a head 1680. upon all persons arriving in the colony. But the burgesses insisted upon continuing the exemption from tonnage duties hitherto granted to Virginia vessels. One John Buckner having brought a printing press to Virginia, presently printed the laws of this session, 1682. for which he was called to account by Culpepper and his council, and obliged to give bonds to print nothing more till his majesty's pleasure should be known. That pleasure, as signified in the royal instructions of the next year, positively forbade the allowance of any printing press in the colony.. The regiment of soldiers sent out with the king's commissioners, instead of being placed in garrison on the frontiers, had been quartered on the inhabitants, who complained grievously of the burden. The troops themselves had suffered greatly by sickness. After repeated representations and complaints from the lieutenant governor and council, orders for disbanding and money for paying them finally arrived. The price of tobacco had fallen to a penny a pound. The colonists were not able to buy common necessaries. Thus pressed, recourse was again had to new schemes for building up towns and promoting trade and manufactures. The late Assembly, by a law called the "Cohabitation Act," had directed that fifty acres of land, conveniently situated, be purchased by each county, and laid out for a town and store-houses; all tobacco and other exportable goods to be carried to those towns for sale and shipment, and all imported goods, "English servants, negroes, and other slaves," to be there exclusively landed and sold. Penalties had been annexed to |