Can there be any doubt that the Navigation Acts and the futility of all attempts to escape their baleful effects, were largely instrumental in bringing on Bacon's Rebellion? As prosperity and contentment are the greatest safeguards of the public peace, so poverty, nakedness and distress are breeders of sedition. Philip Ludwell spoke of Bacon's army as "a Rabble of the basest sort of People; whose Condicion was such as by a chaunge could not admitt of worse".[405] Had England been less selfish in her treatment of Virginia, there would not have been so many indigent men in the colony eager to join in this wild uprising against the government. Berkeley himself admitted, in 1673, that at least one third of the freemen had been rendered so desperate by poverty and debt that in times of foreign war their loyalty to England could not be relied upon.[406]

But Charles II was indifferent to the welfare of these distant subjects and blind to their growing dissatisfaction. Just when the situation was most critical, he aroused their anger and grief to the highest pitch, by making a gift of the entire colony to Lord Culpeper and the Earl of Arlington. Previously he had granted that portion of Virginia which lies between the Potomac and the Rappahannock rivers, known as the Northern Neck, to Lord Hopton and several other noblemen. These patentees were to receive fees, remainders, reversions and escheats, and were given power to grant patents for all land that had not been taken up. This had caused the people of Virginia, and especially those residing in the Northern Neck, great uneasiness, and had proved a serious hindrance to the settling of that region. The Assembly, dreading the clash of jurisdiction which this grant made almost inevitable, had sent agents to England to persuade the King to annul the patent, or permit the purchase of the tract by the colony. While they were working to this end, there came the unexpected news that Arlington and Culpeper had received a grant of the entire colony. Without consulting in the least the desires of the people, Charles had given them over to two unscrupulous favorites, with the indifference he might have shown in presenting a necklace to his mistress. The colonists, "to their unspeakable griefe and Astonishment", felt now that they were "reduced to a far worse condition than that wherein they had adventured their lives and fortunes for the planting that Country under the Company".[407]

The privileges and powers granted in this patent, had they ever been exercised by Arlington and Culpeper, would have rendered the government at Jamestown almost a nullity. The two lords were to receive all escheats, quit-rents, duties and reservations belonging to the Crown; they were given power to divide the territory into counties, hundreds and parishes; to erect churches and present ministers to them; to make manors, fairs, and markets; to appoint sheriffs, surveyors, and other important officers; to issue patents for land; to appropriate to their own use all arrears of "rents and other profits", accruing since the year 1669.

In great alarm the Virginia Assembly directed the agents in England to use their utmost endeavors to have this grant recalled. At the same time they drew up a statement of their objections to the patent, showing how unjust and ruinous were its provisions. It was in direct conflict with numerous royal concessions and patents, given them from time to time under the Great Seal. There was good reason to fear that the lords, by their deputies, might impose upon them new rents and services. They might demand new surveys and new patents for land which had long been occupied. They might, in fact, completely devastate the government of all its "just powers and authorities".

The agents, upon receiving these instructions, went to the Lords Patentees to request them to resign the most obnoxious of their new powers.[408] In case they refused, the agents threatened to appeal at once to the King. Arlington and Culpeper received them courteously, and, after numerous delays, consented to relinquish the patent, provided Virginia would offer no objection to the passing of a new grant, assuring them the quit-rents and escheated property. The agents were well satisfied with this settlement, for it would relieve the colony of its fear of proprietary government, while the grant of the rents and escheats would impose little additional burden.[409]

In order, however, to prevent the giving away of such disturbing powers in the future, they petitioned the King to grant "Letters Pattents for the incorporacon" of the colony.[410] In this new charter they desired first that permission be given Virginia to purchase the Northern Neck. They next requested the King to promise that Virginia should have no other dependence than upon the Crown of England, "nor in the future be cantonized into parcells by grants made to particular persons". "And for the prevention of surreptitious grants" they desired his Majesty to promise in the charter that nothing should again pass concerning Virginia until a hearing had been given to some person impowered by the colony to represent their interests. Of even greater importance was their desire, "That there shall bee no Taxe or Imposition layd on the people of Virginia, but by their owne Consente, and that Express'd by the Representatives in Assembly."[411]

The whole matter came before the King in Council, June 23, 1675, and was referred to the judgment of Attorney-General William Jones and Solicitor-General Francis Winnington.[412] In October these officers reported that in their opinion the patent of incorporation would be beneficial both to the colony and the King's service, and ought to be granted. Charles thereupon gave directions that the papers be drawn up for his signature. But here, for some unknown reason, the matter came to a halt. Several months passed and the patent had not been issued.[413] At last, April 19, 1676, at the urgent request of the agents, his Majesty directed that the Lord Chancellor cause the papers to pass the Great Seal at once. But before this could be done, news came to England of Bacon's Rebellion, and the King immediately reversed his order. Later, other Letters Patent were granted, but they were very different from those sought by the agents, and contained little more than a bare declaration of the colony's direct dependence upon the Crown of England.[414]

This unsatisfactory business caused great irritation among the colonists. The heavy expense of carrying on the negotiations in England "made them desperately uneasie, especially when, after a whole Year's Patience ... they had no Encouragement from their Agents".[415] A tax of fifty pounds of tobacco per poll, imposed for the purchase of the Northern Neck, aroused widespread dissatisfaction. In April, 1676, Governor Berkeley, fully conscious of the mutterings of revolution, was awaiting with anxiety the arrival of favorable news from the agents. "There are divers," he wrote, "that would fain persuade the people that al their high taxes will bring them no benefit, so that if the most advantageous terms had been proposed to us it would have been impossible to have persuaded the people to have parted with more tobacco til a more certain demonstration had been given them of what is already done. I appeased two mutinies this last year raysed by some secret villaines that whispered amongst the people that there was nothing intended by the fifty pounds levy but the enriching of some few people."[416] In 1677, after Bacon's Rebellion, the King's commissioners heard from all sides that the imposition of this tax was one of the main causes of discontent.[417]

The wars of 1664 and 1672 with Holland added much to the distress in Virginia. The bold Dutch mariners, angered at the injury done them by the Navigation Acts, preyed upon the English merchantmen in every sea. Woe to the tobacco ship that encountered a hostile privateer, in its journey across the Atlantic! The English vessels were not safe even in the Virginia rivers, under the guns of their forts. Twice the daring Dutch came through the capes and into the James River itself, where they wrought great damage to the shipping.

It was the custom, during these times of danger, for the merchant vessels of Virginia and Maryland to cross the Atlantic in large fleets, under the protection of English men-of-war. In May 1667, some twenty vessels were anchored in the mouth of James River, near Newport News, awaiting the remainder of their fleet before sailing. Three leagues above them lay the Elizabeth, a frigate of forty-six guns, sent by the King for the protection of the colony. She was undergoing repairs, however, having become "soe disabled in her Maste and Leaky in her Hull as that she could not keep at sea", and for the moment afforded little proctection to the merchantmen riding below.[418]

At this juncture, a fleet of five Dutch warships, under the command of Abraham Crimson, appeared off the coast, bent on mischief to the English shipping. The Hollanders, learning of the exposed position of the tobacco fleet from the crew of a shallop which fell into their hands, determined upon a bold attack. On their way to the capes they encountered a ship of London bound from Tangier to Virginia. The English master, Captain Conway, "fought them very well for two hours, but at last being wounded himself and over powered with men, was taken by them".[419]

The Dutchmen came into Chesapeake Bay June 4, and anchored there over night. The next morning, taking advantage of a fair easterly breeze, they sailed boldly into the mouth of the James. In order to take their prey entirely by surprise they flew the English colors, and as they passed the merchantmen, hailed them in English and sang out their soundings in English. Proceeding directly up to the unsuspecting frigate, they threw aside their disguise with the roar of three volleys. The captain of the Elizabeth had gone ashore, to attend a wedding it was said, and had left but thirty men on board.[420] Without officers, and surprised by superior numbers, the sailors could make no effective resistance. Several rushed to their guns, but they fired only one piece of ordnance before they were forced to surrender. While some of the Dutchmen were securing the Elizabeth, the others turned upon the helpless merchantmen and succeeded in capturing the entire fleet. Several of the ships might have saved themselves by running into the Elizabeth River, where the enemy would not have dared to follow them, but they seemed paralyzed with surprise and fell an unresisting prey.[421]

Great was the grief and rage of Sir William Berkeley when news of this disaster reached him. How could he answer to the King for the loss of the royal frigate and twenty English merchantmen? With great promptness and resolution he decided to fit out all available vessels in the colony for a sally upon the enemy. In the upper James were three merchantmen and in the York nine. If these could be supplied quickly with guns and men, there might yet be time to defeat the Dutch and rescue the captured ships. The Governor, who was ever reckless in exposing his person, resolved to direct the attack himself in the good ship Admirall. But some of the masters by no means relished the thought of risking their vessels and their cargoes in a battle with the Dutch. When the Governor impressed them into the King's service by putting the broad arrow upon their masts, they pretended obedience, but used such delays that the fleet could not be prepared in time. Captain Lightfoot, of the Elizabeth, grieved by the loss of his ship, "very passionately resolved to hazard himself in the Admirall", while several members of the Council and forty other gentlemen volunteered their services. Upon the shore were assembled four regiments of militia, ready to embark should they be needed. Yet the masters continued their procrastination day after day until the Dutch escaped.

Nor had Admiral Crimson shown any haste to be off. Soon after the battle he had burned five or six of the merchantmen, "for want of men to man them". It had also been necessary for him to destroy the frigate, which was still out of repair and far from seaworthy. He had sent parties ashore several times to secure water, which he greatly needed, but they had been driven back with ease. After a stay of five or six days in James River, he sailed away with his prizes, leaving the Governor to dismiss his militia and write home his accusations against the masters.[422]

Warned by this experience, the English government, upon the outbreak of the war of 1672, sent two men-of-war to Virginia. These vessels, in July 1673, were stationed at the mouth of the James guarding a large fleet of merchantmen, when news came that nine Dutch warships were approaching the capes. Instantly preparations were made to fight them. Several of the tobacco ships were forced into service and fitted with guns. Sailors were taken from the smaller vessels to help man the larger. But before all could be put in readiness the enemy came through the capes and anchored at Lynhaven Bay.[423]

The English had as yet little apprehension for the safety of their merchantmen, for they could at any time run under the guns of a fort at Nansemond, or could retreat up the James while their men-of-war held back the enemy. At this moment, however, there appeared across the waters of the Chesapeake eight sail of the Maryland fleet, unconscious of their danger and bearing down upon the Dutch. The English commanders realized that only instant action could save them. Taking with them six of the tobacco ships they sailed out to give battle.

"But before they came within reach of gun shot 4 of the merchant ships came on ground." One turned back to the James. But the other three ships went on, and unaided fought six of the largest Dutchmen. For three hours the battle continued with great fury. At last Captain Gardner, one of the English commanders, "judging that the enemy (if he checkt them not) would be in with (the) merchant ships riding in James river ... tacked alone upon them with Extra ordinary courage, and for at least one houre fought them all.... But, having all his greate maste and his fore topmast desperately wounded, and most of his rigging shot", he was at last forced to retire. "With as much courage as conduct (and beyond the hopes or expectation of those who saw that brave action) (he) disengaged himselfe ... and brought off all the Marylanders but one." The Virginia fleet, "which were neere 40 sail", secured "almost a tides way before the enemy, which undoubtedly saved many which otherwise would have bin lost". Some of the merchantmen took refuge at Fort Nansemond, where the enemy dared not attack them, others retreated up the river towards Jamestown. Unfortunately five of them, in the confusion of the flight, ran aground and were afterwards captured. The four ships which had grounded before the battle also fell into the hands of the Dutch. Thus, despite the gallant conduct of the English, the enemy succeeded in capturing a large part of the tobacco fleet.[424]

Great as was the distress caused by the depredations of the Dutch, the planters suffered even more during these wars by the stagnation of trade. The great risk incurred in crossing the ocean necessarily brought an increase both in freight rates and in the cost of manufactured goods. In 1667 the Governor and Council declared that the planters were "inforced to pay 12 pounds to L17 per ton freight" on their tobacco, "which usually was but at seven pounds".[425] Conditions were even worse during the second war. In 1673 Berkeley complained that the number of vessels that dared come to Virginia was so small, that they had "not brought goods and tools enough for one part of five of the people to go on with their necessary labor". "And those few goods that are brought," he added "have Soe few (and these hard Dealing) Sellers and Soe many Indigent and necessitous buyors that the Poore Planter gets not the fourth part ... for his tobacco which he usually has had in other times."[426]

In this period, so full of suffering and misfortune, the year 1667 was especially noteworthy for its long series of disasters. In November Secretary Thomas Ludwell wrote Lord Berkeley, "This poore Country ... is now reduced to a very miserable Condicon by a continuall course of misfortune. In Aprill ... we had a most prodigeous Storme of haile, many of them as bigg as Turkey Eggs, which destroyed most of our younge Mast and Cattell. On the fifth of June following came the Dutch upon us, and did soe much mischiefe that we shall never recover our reputations.... They were not gone before it fell to raineing and continued for 40 dayes together, which Spoiled much of what the haile had left of our English Graine. But on the 27th of August followed the most Dreadful Hurry Cane that ever the colony groaned under. It lasted 24 hours, began at North East and went round northerly till it came to west and soe on till it came to South East where it ceased. It was accompanied with a most violent raine, but no Thunder. The night of it was the most Dismall tyme that ever I knew or heard off, for the wind and rain raised soe Confused a noise, mixt with the continuall Cracks of falling houses.... The waves (were) impetuously beaten against the Shoares and by that violence forced and as it were crowded up into all Creeks, Rivers and bayes to that prodigeous height that it hazarded the drownding many people who lived not in sight of the Rivers, yet were then forced to climbe to the topp of their houses to keep them selves above water. (The waves) carryed all the foundation of the fort at point Comfort into the River and most of our Timber which was very chargably brought thither to perfect it. Had it been finished and a garison in it, they had been Stormed by such an enemy as noe power but Gods can restraine.... Had the Lightning accompanied it we could have beleeved nothing else from such a confusion but that all the elements were at Strife, which of them should doe most towards the reduction of the creation into a Second Chaos. It was wonderful to consider the contrary effects of that Storme, for it blew some shipps from their Anchors and carryed them safe over shelves of Sand where a wherry could Difficultly passe, and yet knockt out the bottome of a ship ... in eight foot water more than she drew. But when the morning came and the Sun risen it would have comforted us after such a night, had it not lighted us to ye Ruines of our plantations, of which I thinke not one escaped. The nearest computation is at least 10,000 houses blowne downe, all the Indian Graine laid flatt upon the ground, all the Tobacco in the fields torne to pieces and most of that which was in the houses perished with them. The fences about the Corne fields (were) either blown down or beaten to the ground by trees which fell upon them & before the owners could repaire them the hoggs & Cattell gott in and in most places devoured much of what the Storme had left."[427]

In the midst of the second Dutch war came another scourge no less distressing than the great hurricane. Throughout the 17th century cattle raising was one of the most important industries of the small Virginia proprietors. No planter, however insignificant his holdings, was without his cow and his calf.[428] They constituted a most important portion of his wealth, and an indispensable source of support. In the winter of 1672-3 occurred an epidemic which destroyed more than half the cattle of Virginia. The mortality was increased by the cold, which was unusually severe. Many men, in an effort to preserve the poor beasts, gave them all their corn and thus brought hunger upon themselves. Before relief came with the spring, fifty thousand cattle had perished.[429]

Perhaps the people of Virginia might have borne patiently all these misfortunes, had their Governor ruled them with wisdom and justice. Certain it is they would never have turned in wild anger to strike down his government, had that government not done much to make their condition intolerable. Sir William Berkeley was accused of destroying the representative character of the Assembly, of initiating a notorious spoils system, of intimidating Burgesses, of winking at embezzlement of public funds. And, although most of these charges were brought by the Governor's bitter enemies, some of them were undoubtedly true.

In Virginia, during this period, the commons could guard their interests only by means of the House of Burgesses. All other organs of government were controlled by Berkeley and his friends. The people had no voice in the selection of vestrymen, or sheriffs, or justices of the peace, and no control over their actions. The Council was entirely submissive to the Governor's will. Its members not only held their seats at Sir William's pleasure, but were the recipients of numerous other favors that bound them closely to his interest. Thus in the executive, in all branches of the judiciary, and in the upper house of Assembly the Governor was all-powerful.

If then he could control the Burgesses and make them subservient to his desires, he would remove the only obstacle to almost complete despotism. Nor was it a matter of very great difficulty for him to gain a mastery of the House. In every county he could nominate government candidates, and exert tremendous pressure to secure their election. If necessary, they might be seated by fraud at the polls or false returns by the sheriff.[430] "It is true," Bacon declared, "that the people's hopes of redemption did ly in the Assembly, as their Trusts, and Sanctuary to fly to, but I would have all men consider first how poore people are debarred of their fair election, the great men in many places haveing the Country in their debte and consequently in their aw. Secondly how meanly we are provided of men of Learning, ability and courage, nay indeed of honesty, to stand up in the people's behalf and oppose the oppressing party."[431]

And if ever, despite these difficulties, the candidates of the people were elected, the Governor might still win their support in the House, by a judicious use of the patronage. He controlled enough offices of honor and profit to reward richly his friends in the Assembly. If the Burgess was careful never to thwart the wishes of the Governor, or to vote against his measures, he might reasonably expect a collectorship, a sheriff's place, a commission in the militia, or possibly a seat in the Council. A large percentage of the members of the House were office-holders.[432]

If half the charges brought against Berkeley are to be believed, he was guilty of instituting a system of political corruption as effective as that maintained in France by Guizot during the reign of Louis Philippe. He has assumed to himself, it was declared, "the sole nominating, appointing and commissionating of all ... officers both civil and military amongst us ... (they) being ... (the better to increase ... his party) multiplied to a greate number.... All which offices he bestowed on such persons (how unfitt or unskillfull soever) as he conceived would be most for his designs. And that the more firmely to binde and oblige them thereunto and allure others to his party, he ... permitted or connived at the persons soe commissionated by him ... unwarrantably ... to lay and impose what levies and imposicons upon us they should or did please, which they would often extort from us by force and violence, and which for the most part they converted to their owne private lucre and gaine. And ... Sir William Berkeley, haveing by these wayes and meanes, and by takeing upon him contrary to law the granting collectors places, sherifs, and other offices of profitt to whome he best pleased, he soe gained uppon and obliged all the greatest number of the men of parts and estates in the whole country (out of which it was necessary our representatives and Burgesses should be elected) hath there by soe fortifyed his power over us, as of himselfe without respect to our laws, to doe what soever he best pleased, and from time to time ... to gaine and procure great quantities of Tobacco and mony from us to his proper use over and besides the Thousand pounds yearly salary ... and over and besides the fees, profitts and per quisites to the place of Governour belonging."[433]

Bacon himself declared, in justification of his rebellion, that oppression and injustice were rife in the colony, and that it was useless to appeal to the Assembly for redress. "The poverty of the Country is such," he said, "that all the power and sway is got into the hands of the rich, who by extortious advantages, having the common people in their debt, have always curbed and oppressed them in all manner of wayes." The poor, he declared, were kept in such perpetual bondage that it was not possible for labor or industry to extricate them. The great men of the colony had brought misery and ruin upon the common people by perverting all equity and right. The perpetual breach of laws, remiss prosecutions, excuses and evasions, but too plainly attested that things were carried by the men at the helm, "as if it were but to play a booty, game or divide a spoile". "Now consider," he adds, "what hope there is of redress in appealing to the very persons our complaints do accuse."[434]

And when once the Governor had obtained a House that was subservient to his will, he might, by his power of prorogation, continue it indefinitely. During the years from the Restoration to Bacon's Rebellion, there were not more than two general elections, and probably only one—that of 1661.[435] Under these circumstances the Assembly could no longer be said to represent the voters of the colony. The Burgesses might defy or betray the people as they chose, they could not be made to answer at the polls for their misconduct. And their is ample proof that this Long Assembly attended more to the commands of the Governor than to the wishes of electors that could no longer elect. Even Sir William's best friends admitted that his authority in Virginia was almost despotic. Secretary Thomas Ludwell, writing in 1666, declared that the Governor was "the sole author of the most substantial part" of the government, "either for Lawes or other inferior institutions".[436] "Our representatives," complained the Charles City commons eleven years later "(of which for this county in nine yeares time last past there hath been a verry doubtful election as we conceive) have been overswayed by the power and prevalency of ... Sir Wm. Berkeley and his councell, divers instances of which wee conceive might be given, and have neglected our grievances made knowne to them."[437]

That this overthrow of representative government in the colony and the substitution of the Governor's despotic sway contributed greatly to the anger and desperation of the people, there can be no doubt. The evidence comes not only from the rebels and from the county grievances, but from disinterested persons, and even Berkeley's friends. "Whatever palliations," wrote Governor Thomas Notley, of Maryland, in 1677, "the grate men of Virginia may use at the Councell board in England, ... yett you may be sure ... much ... if not every tittle" of the accusations against them are true. "If the ould Course be taken and Coll: Jeoffreys build his proceedings upon the ould ffoundation, its neither him nor all his Majesties Souldiers in Virginia, will either satisfye or Rule those people. They have been strangely dealt with by their former Magistracy."[438] William Sherwood, if we may believe his own statement, forfeited Sir William's favor by reporting in England that "the general cry of the country was against ye Governour". And "it is most true", he added, "that the great oppressions & abuse of ye people by ye Governours arbitrary will hath been ye cause of the late troubles here".[439]

The illegitimate influence of Berkeley over the Assembly was the more galling to the people inasmuch as they had no voice in local government. The justices of the peace, who exercised the most important powers in the counties, received their commissions, not by popular election, but by executive appointment. And the Governor, although often influenced in his selections by the advice of the Council, gave little heed to the wishes of the commons. His appointees were invariably men of means and influence, and could be relied upon to uphold the interests of the aristocracy and the Governor.

The justices were members of the county courts, and as such exercised judicial, executive and legislative functions in local affairs. The courts met every second month, and were empowered to settle cases involving not more than ten pounds sterling.[440] Individual justices could "try and determine any cause to the value of twenty shillings or two hundred pounds of tobacco".[441] Far more important was the power of the courts to impose direct taxes. The county levy was usually very heavy. In fact, during the Restoration period, it often exceeded the public levy voted by the Assembly. In Lower Norfolk county, during the years from 1666 to 1683, the local assessment amounted to 188,809 pounds of tobacco.[442] This sum seems to us now almost insignificant, but it proved a very real burden to the indigent freemen of that unhappy period. Yet perhaps the people would not have complained had the assessments been voted by a body elected by themselves or representative of their interests. They were bitterly angered, however, that they should be taxed without their own consent and against their wishes, by appointees of the Governor; and the sense of wrong was aggravated by the fact that the taxes were often voted by the courts in secret session, not without grave suspicions of abuses and fraud.[443] "It has been the custome," it was declared in the Surry grievances, "of the County Courts att the laying of the levy to withdraw into a private Roome by which the poor people not knowing for what they paid their levy did allways admire how their taxes could be so high."[444] "Wee desire," declared the people of the Isle of Wight, "to know for what wee doe pay our Leavies everie year and that it may noe more be layd in private."[445] From Charles City came the most startling charges of fraud and oppression. "The Commisoners or Justices of peace of this county," it was declared, "heretofore have illegally and unwarrantably taken upon them without our consent from time to time to impose, rayse, assess and levy what taxes, levies and imposicons upon us they have at any time thought good or best liked, great part of which they have converted to theire own use, as in bearing their expense at the ordinary, allowing themselves wages for severall businesses which ex officio they ought to do, and other wayes, as by account of the same on the booke for levies may appeare."[446] The people were even deprived, during Berkeley's second administration, of the right of electing the vestries. These bodies had always been composed of the foremost men in each parish. At this period they succeeded in shaking off entirely the control of the commons by themselves filling all vacancies in their ranks.[447] Since they exercised the power of imposing a tax to pay the ministers' salaries and meet other obligations of the parishes, this attempt to make themselves self-perpetuating was a matter of no little importance.[448] The people expressed their disapproval in the most emphatic terms, and after Bacon's Rebellion requests came from many counties that the vestrymen might be chosen, as formerly, by the whole body of parishioners.[449]

The unjust poll-tax, which was then used in the public, county and parish levies, was an unending source of discontent. There can be no doubt that it bore with too great weight upon the poor people. "They complain," wrote Gyles Bland, on the eve of the Rebellion, "that great Taxes are imposed upon them every yeare, by wayes very unequall, Laying them very heavily, by the Poll, whereby the Poorer sort are in the hardest Condition."[450] It must be remembered, however, that many of the servants and slaves were listed as tithables, or persons subject to the poll tax. This of course tended to increase the share of the wealthy. Yet the inequality was very real and the burden upon the poor very heavy. The number of tithables assessed of a man was by no means an accurate gage of his wealth. Later in the century, with the great influx of negro slaves, the burden upon the rich planters increased and became more nearly proportionate to their ability to pay.

Bland suggested that all inequality might be eliminated by adopting a land-tax. "Which," he said, "seems to be the most equal imposition and will generally take off the complaint of the people, although perhaps some of the richest sort will not like it, who hold greater proportions of land than they actually plant."[451] The King's commissioners also thought the land tax just, but considered it "impracticable there". When the people of Warwick county asked, "That all persons may be rated and taxed according to their Estates", the commissioners reported that this was "a thing to be wish'd but never to be granted them". If the King should command it, they knew not how it would be relished by the landed men, since the common usage had been always taxing by poll.[452]

The universal discontent was still further increased by the wasteful and lax use of public funds. The money which was wrung from the poor people by these unequal taxes, was seldom wisely or economically expended. Much was squandered upon foolish projects, costly in the extreme, and impossible of accomplishment. Such was the attempt to build a city at Jamestown. For many years it had been a matter of regret to the English government that Virginia should remain so entirely a rural country. Not realizing that this was but the result of exceptional economic conditions and not a sign of weakness or decay, they sought more than once to force the building of towns by legislative enactments. Thus, in 1662, in accordance with the King's wishes, the Assembly passed an act providing for the erection of thirty-two brick houses at Jamestown.[453] Each county was required to build one of these houses, a levy of thirty pounds of tobacco per poll being laid for that purpose. This attempt was foredoomed to failure, for if economic conditions could not develop cities in the colony, the mere erection of houses upon the unhealthful Jamestown peninsula could accomplish nothing. We learn from Bacon's Proceedings that the town at the time of the Rebellion consisted of "som 16 or 18 howses, ... and in them about a dozen families (for all the howses are not inhabited) getting their liveings by keeping ordnaries, at extraordnary rates". That there was corruption or inefficiency in carrying out the orders of the Assembly seems certain. The people of Isle of Wight county complained of "the great Quantities of Tobacco levyed for Building Houses of publick use and reception at Jamestown, which were not habitable, but fell downe before the Finishing of them".[454]

There were also accusations of laxness and fraud in the erecting and management of the public industrial plants. Very grievous taxes have been laid on the poor people, it was claimed, "for building work houses and stoare houses and other houses for the propogating & encouragem't of handicraft and manufactury, which were by our Burgesses to our great charge and burthen by their long and frequent sitting invented and proposed. Yet for want of due care the said houses were never finished or made useful, and the propagating & manufactury wholy in a short time neglected, and noe good ever effected ... save the particular profitt of the Undertakers, who (as is usually in such cases) were largely rewarded for thus defrauding us."[455]

Even more frequent and bitter complaints originated with the construction of forts upon the various rivers to protect the colony and the merchant ships from foreign foes. At the outbreak of the war of 1664 it was resolved to build a fortress at Jamestown. The ships' masters were not satisfied with the selection of this site, for obviously it afforded no protection to vessels trading upon the Potomac, York or Rappahannock, and very little to those upon the lower James. After one hundred pounds sterling had been expended at Jamestown, the structure partly completed and fourteen guns brought up, the merchants procured orders from the English government that the fort be transferred to Old Point. The Governor and Council were most reluctant to make this change, but the commands were so positive they dared not disobey. So the guns were conveyed back down the river and the work begun again. But many serious difficulties were encountered. "We have been at 70,000lb tobacco charge," wrote Thomas Ludwell in 1667, "and have lost several men in the worke and many of the materials by storms breaking our rafts whereon we float the timber to that place.... After all (we) were forced to quit the work as of impossible manage, for great were the difficulties, and so insupportable would the charge have been."[456] A few months after, when the Dutch captured the tobacco fleet in the mouth of the James, this fort seems to have been deserted. It was utterly destroyed by the great hurricane of the following August.

Thereupon it was decided to build five new forts, two on the James and one upon each of the other great rivers. The charges for these structures were to be borne entirely by the counties upon the rivers they were to defend. Whether from mismanagement or dishonesty large sums of money were expended in this undertaking with but little good effect. Berkeley wrote that the colony lacked the skill either to construct or maintain the forts, "We are at continuall charge," he declared, "to repaire unskilfull & inartificall buildings." The King's commissioners in 1677, testified that the forts were made of "mudd and dirt", and could be of little service against the enemy.[457] At the beginning of the Dutch war of 1672 the Assembly found them in poor condition and incapable of offering resistance to the enemy. "For as much," it was declared, "as the materials ... were not substantial or lasting, some have suffered an utter demolition, some very ruinous and some capable of repair." It was thereupon ordered that the forts be at once restored and authority was given for new taxes to cover the cost.[458]

One at least of the reconstructed forts proved of service in the hour of need, for it was under the guns of Nansemond that many of the merchantmen ran in July 1673, from the pursuing Dutch men-of-war. But the people could see in them only a pretext for increasing their taxes. And it was quite impossible to make them believe that such sums could be expended to so little purpose save by fraud or embezzlement. The Charles City commons declared that great quantities of tobacco had been raised for building forts "which were never finished but suffered to goe to ruine, the artillery buried in sand and spoyled with rust for want of care".[459] From James City county came the complaint that although heavy taxes had been paid for fortifications, there was in 1677 "noe Place of defence in ye Country sufficient to secure his Majestys Subjects against any Forreign Invasion". The King's commissioners substantiated this statement. "We are well assured," they said, "of the Truth of this Complaint, and doe know that the Forts erected could be of noe use, Endurance or defence.... Yet were they of great Expence to the People who paid Excessively for Building them."[460]

The Assembly had from time to time sought to make the merchants trading to Virginia aid in the defense of the colony, by imposing upon them Castle Duties, in the form of a toll of powder and shot. The masters had more than once complained of this duty, but as it was not very burdensome it was allowed to remain. Had all the ammunition thus received been used as intended by law, the people would have been saved great expense, and the forts made more serviceable. But the contributions, if we may believe the complaints of the people, were often stolen by the collectors. "Notwithstanding," said the Isle of Wight commons, "the great quantities of ammunition payd by ships for fort duties for the countries service ... wee are forced to provide powder and shott at our proper charges."[461] The Nansemond grievances were more explicit in their accusations of fraud. "They Complayne that the Castle duties, accustomed to be paid by the Masters of Shipps in Powder & Shott for the service and security of the Country, is now converted into Shoes and stockings &c as best liketh the Collectors of it and disposed to their own private advantage."[462]

It would not be just to give credence to all the accusations made against Berkeley. The King's commissioners who conducted the investigation into his conduct, were his enemies; while many of the charges were brought by those who had taken part in the Rebellion. Thus the testimony against him is in most cases distinctly partisan. Moreover those that were closely associated with Sir William often expressed extravagant admiration for his ability and energy, and love for his character.[463] "He hath," wrote the Council in 1673, "for neare 30 years governed this colony with that prudence and justice which hath gained him both love and reverence from all the Inhabitants here."[464]

Singularly enough Berkeley seems to have prided himself upon his ability as a ruler. He never forgot the compliment paid him by the people in 1660, when they insisted, even against his will, upon making him their Governor. And long after he had forfeited their confidence and esteem he imagined himself as popular as in his first administration. It was a bitter blow to his pride when the commons rose against his government in 1676. His proclamations bear testimony to his pain that the youthful Bacon should have usurped his place in the affections of the people.[465] His letter to the King asking to be recalled from his government was undoubtedly dictated by wounded pride. Upon the eve of his final departure for England he did not scruple to write Colonel Jeffreys, "I will confesse to you that I beleeve that the Inhabitants of this Colony wil quickly find a difference betweene your management and mine."[466]

It would be difficult to reconcile this attitude of mind with Berkeley's oppressive administration, did we not know his views upon governmental matters. He had never been in sympathy with republican institutions. It was the height of folly, he thought, to allow the people to participate either in administrative or legislative affairs. The King alone should rule; the people's duty was to obey. It was but five years before the Rebellion that he wrote to the Lords of Trade and Plantations, "I thanke God there is noe ffree schooles nor printing (in Virginia)[467] and I hope wee shall not have these hundred yeares, for learning has brought disobedience & heresaye and sects into the world and printing has divulged them, and libells against the best Government: God keepe us from both."[468] A man that could utter such sentiments as these would not scruple to throttle, if he could, all representative institutions in his government. If he intimidated voters and corrupted the Burgesses, it was perhaps because he thought himself justified in any measures that would render the Governor, the King's substitute, supreme in the government.

But whatever is the verdict of posterity upon the conduct and motives of Sir William Berkeley, the causes of the Rebellion stand out with great clearness:—England's selfish commercial policy, the Culpeper-Arlington grant, the Dutch wars, storms and pestilence, inefficient if not corrupt government, excessive taxes. The only wonder is that the insurrection did not occur earlier. In fact two mutinies did break out in 1674, when the excessively heavy taxes of that year were announced, but the rebels lacked leaders and were suppressed without great difficulty.[469] As early as 1673 the defection of the planters was so great that it was feared many might attempt to deliver the colony into the hands of the Dutch. Berkeley wrote that a large part of the people were so desperately poor that they might reasonably be expected upon any small advantage of the enemy to "revolt to them in hopes of bettering their Condition by Shareing the Plunder of the Country with them".[470] A certain John Knight reported "that the planters there doe generally desire a trade with the Dutch and all other nations and would not be singly bound to the trade of England, and speake openly there that they are in the nature of slaves, soe that the hearts of the greatest part of them are taken away from his Majesty".[471] Thus the downtrodden planters, alienated from England, angered at the Governor, even distrusting their own Assembly, waited but an occasion and a leader to rise in open rebellion. A new Indian war offered the occasion, and they found their leader in young Nathaniel Bacon.

FOOTNOTES:

[381] P. R. O., CO1-34-95.

[382] Scobell, Vol. II, p. 132.

[383] Bruce, Ec. Hist., Vol. I, p. 357.

[384] Governor Berkeley wrote in 1666 that the King's customs from the Virginia and Maryland tobacco would amount "unto about L100,000".

[385] Bruce, Ec. Hist., Vol. I, p. 354.

[386] P. R. O., CO1-21.

[387] P. R. O., CO1-21.

[388] P. R. O., CO1-30-51. Compare Petition of Governor Berkeley, Aug. 22, 1662, CO1-16.

[389] Hen., Vol. II, pp. 120, 121.

[390] P. R. O., CO1-19; Hen., Vol. II, p. 272.

[391] Hen., Vol. II, p. 238.

[392] Ibid.

[393] Hen., Vol. II, p. 123.

[394] P. R. O., CO1-19; Hen., Vol. II, p. 178.

[395] P. R. O., CO1-16; Hen., Vol. II, p. 17.

[396] P. R. O., CO1-26-77; Hen., Vol. II, p. 315.

[397] P. R. O., CO1-24.

[398] P. R, O., CO1-30; Bruce, Ec. Hist., Vol. I, p. 357.

[399] P. R. O., CO5-1371-328; Va. Mag., Vol. III, p. 38.

[400] Bruce, Ec. Hist., Vol. I, p. 389.

[401] Bruce, Ec. Hist., Vol. I, p. 390.

[402] P. R. O., CO1-20.

[403] P. R. O., CO1-20. Ludwell to Arlington.

[404] P. R. O., CO1-21. Governor and Council to the King.

[405] P. R. O., CO1-37-16.

[406] P. R. O., CO1-80-51.

[407] P. R. O., CO1-34-101.

[408] P. R. O., CO1-28-20; Burk, Vol. II, Appendix XXXVI.

[409] Hen., Vol. II, pp. 518-543; Burk, Vol. II, Appendix XXXIII-LXII.

[410] P. R. O., CO1-34-95.

[411] P. R. O., CO1-34-96; CO1-34-100; CO1-33-108; CO1-34-95; Hen., Vol. II, p. 529.

[412] P. R. O., CO1-34-100.

[413] P. R. O., CO1-36-48; Hen. Vol. II, p. 534.

[414] P. R. O., CO389.6-133 to 137; Burk, Vol. II, Appendix LXI.

[415] Beverley.

[416] P. R. O., CO1-36-37.

[417] P. R. O., CO5-1371-292, 331.

[418] P. R. O., CO1-21-61.

[419] P. R. O., CO1-21-61.

[420] P. R. O., CO1-21-63.

[421] P. R. O., CO1-21-61, 62.

[422] P. R. O., CO1-21-61, 62, 63.

[423] P. R. O., CO1-30-51, 53, 71.

[424] P. R. O., CO1-30-51, 53.

[425] P. R. O., CO1-21-61.

[426] P. R. O., CO1-30-17.

[427] P. R. O., CO1-21.

[428] This is shown by the wills of this period, many of which have been published in the Virginia Magazine of History and Biography.

[429] P. R. O., CO1-30-17; CO1-30-51.

[430] Hen., II, p. 356.

[431] P. R. O., CO5-1371-241, 246.

[432] Bruce, Inst. Hist., Vol. I, p. 489.

[433] Va. Mag., Vol. III, pp. 135, 136.

[434] P. R. O., CO5-1371-241.

[435] P. R. O., CO5-1371-316, 319. The Assembly which met in March, 1661, was continued by successive prorogations until October, 1665. This fact is placed beyond question by the copies of the Acts of Assembly now preserved in the British Public Record Office. But there is no statement in these copies that the session of June 5, 1666, had been prorogued from an earlier date. Nor is there any indication given in Hening's Statutes that this was not a new Assembly. (Hen., Vol. II, p. 224.) These two omissions, then, might lead us to infer that there was a general election in 1666. But there is other evidence tending to show that the Assembly of 1661 was not dissolved until 1676. Thus William Sherwood wrote during Bacon's Rebellion that the rabble had risen against the Assembly and seemed weary of it, "in that itt was of 14 years continuance". (P. R. O., CO1-37-17; Va. Mag., Vol. I, p. 170.) The account of the Rebellion given in the Collections of the Massachusetts Historical Society also declares that the session had "continued fowerteene yeares". (Mass. S. IV, Vol. IX, p. 169.) The Isle of Wight grievances state that the people of that county had not had an election of Burgesses for twelve years. (Va. Mag., Vol. II, p. 380.) Lists of the members at the sessions of September, 1663, and of October, 1666, have been preserved by Hening. Nineteen Burgesses of the Assembly of 1663 appear also in 1666; eleven have lost their seats and in their places are fifteen new members. But this settles nothing, for it is quite possible that if an election was held in 1666, the Governor's influence might have secured the return of many old Burgesses. There was no election from June 1666 to June 1676. It must remain, then, undetermined whether the Long Assembly continued for ten or for fifteen years.

[436] P. R. O., CO1-20.

[437] Va. Mag., Vol. III, pp. 141, 142.

[438] P. R. O., CO1-40-88.

[439] P. R. O., CO1-40-43.

[440] Bruce, Inst. Hist., Vol. I, p. 542.

[441] P. R. O., CO1-20.

[442] Bruce, Inst. Hist., Vol. II, 566.

[443] Hen., Vol. II, 357.

[444] Va. Mag., Vol. II, p. 172.

[445] Va. Mag., Vol. II, p. 389.

[446] Va. Mag., Vol. III, p. 142.

[447] Bruce, Inst. Hist., Vol. I, p. 67.

[448] Bruce, Inst. Hist., Vol. I, p. 77; Hen. Vol. II, p. 356.

[449] Va. Mag., Vol. II, pp. 172, 289, 388.

[450] P. R. O., CO1-36-54.

[451] P. R. O., CO1-36-54.

[452] P. R. O., CO5-1371-315.

[453] Hen., Vol. II, p. 172.

[454] P. R. O., CO5-1371-316-19, 304-5.

[455] Va. Mag., Vol. III, p. 142; P. R. O., CO1-37-41.

[456] P. R. O., CO1-21.

[457] P. R. O., CO5-1371-292, 7.

[458] P. R. O., CO1-29-31.

[459] Va. Mag., Vol. III, p. 142.

[460] P. R. O., CO5-1371-292, 7; CO1-21.

[461] Va. Mag., Vol. II, p. 387.

[462] P. R. O., CO5-1371-330, 331.

[463] P. R. O., CO1-20, 21.

[464] P. R. O., CO1-30-71.

[465] P. R. O., CO1-37-1.

[466] P. R. O., CO1-40-54.

[467] Mr. P. A. Bruce, in his Institutional History of Virginia in the Seventeenth Century, has shown that this statement is incorrect.

[468] P. R. O., CO1-26-77.

[469] P. R. O., CO1-36-37; CO1-36-54.

[470] P. R. O., CO1-30-51.

[471] P. R. O., CO1-30-78.



CHAPTER VI

BACON'S REBELLION

For many years Virginia had been at peace with the neighboring Indians.[472] The long series of wars which had filled most of the first half of the seventeenth century had broken the spirit and power of the Pamunkeys, the Nansemonds and the Nottoways.[473] The remnants of these nations had become dependent upon the English, paying them tribute and looking to them for protection from their enemies.[474] In 1675, however, these friendly relations were disturbed by a southward movement of some of the northern Indians. Large bodies of the warlike Senecas, pressing upon the Susquehannocks at the head of the Chesapeake Bay, were driving them down into Maryland and Virginia. Here their indigence and their restlessness became a menace to the whites and an element of disturbance to their relations with the other tribes.[475]

In the summer of 1675 a party of savages rowed across the Potomac river, committed several murders and made good their escape into Maryland.[476] In anger and alarm the planters of Stafford county seized their arms to protect their homes and to avenge their neighbors. A band of thirty or more, led by Colonel Mason and Captain Brent, pursued the savages up the Potomac into the Maryland woods.[477] Coming in the early dawn upon two diverging trails, "each leader with his party took a separate path". "In less than a furlong either found a cabin", one crowded with Doeg Indians, the other with Susquehannocks. The king of the Doegs, when he saw his hut surrounded by Brent's men, "came trembling forth, and wou'd have fled". But Captain Brent, "catching hold of his twisted lock, which was all the hair he wore", commanded him to deliver up the men guilty of the recent murders. "The king pleaded ignorance and slipt loos", whereupon Brent shot him dead. At this the savages in the cabin opened fire, and the Virginians answered with a deadly volley. "Th' Indians throng'd out at the door and fled." "The English shot as many as they cou'd, so that they killed ten ... and brought away the kings son." "The noise of this shooting awaken'd th' Indians in the cabin which Coll. Mason had encompassed, who likewise rush'd out and fled, of whom his company shot ffourteen."[478]

This unfortunate affair was the beginning of a deadly war between the English and the Indians, which brought untold suffering upon the people of Maryland and Virginia. The Susquehannocks, enraged at the slaughter of their warriors, became the most implacable enemies of the white men. Joining with the other tribes in a league against the English, they began a series of outrages and murders which continued many months, and cost the lives of hundreds of men, women and children. During the year 1676 alone, more people were butchered in Virginia by the savages than fell in the massacre of 1644.[479] This fearful mortality was due to the fact that the Indians were now supplied with firearms. Governor Berkeley and his friends, in their greed to secure the valuable beaver and otter skins, had not hesitated to purchase them with powder, shot and guns.[480] The savages had now almost entirely discarded the bow and arrow, and were so skilful with their new weapons that the English often hired them "to kill Deare".[481] So that when the war cry was once more heard upon the frontier, the savages, although less numerous than in the days of Powhatan or Opechancanough, were far more to be feared.

It was Maryland that first felt the resentment of the savages.



The people of this province had taken no part in the attack of Mason and Brent, but the Susquehannocks were not in the humor to make nice distinctions. In seeking revenge for the murder of their braves they held all whites equally guilty, and fell immediately upon the nearest plantations. Thus were the Marylanders made to suffer for the rashness of the Virginia frontiersmen.

Feeling that it was his duty to aid the neighboring province in this war brought on by the hasty action of two of his own officers, and fearing that depredations upon the Virginia frontiers could not long be prevented, Sir William Berkeley decided to join Governor Calvert in a vigorous attack upon the savages. Colonel John Washington, great-grandfather of George Washington, at the head of several hundred men, was despatched across the Potomac to effect a junction with the Maryland troops.[482] The combined forces of the two colonies are said to have numbered "neer a thousand men".[483]

Unable to withstand this army in the open field, the Indians fell back upon a fort which they had erected upon the north bank of the Potomac, and here awaited the approach of the English. Their fortress had been constructed with such care and skill that the white men were unable to carry it by storm. The outer works consisted of lines of tree trunks, from five to eight inches in diameter, "watled 6 inches apart to shoot through", their tops firmly twisted together. Behind this was a ditch, and within all a square citadel, with high walls and "fflankers having many loop-holes". The fire of the red-skins from behind these works proved so deadly that hopes of a successful assault had to be abandoned. Nor could breaches be effected, for the allies were not provided with heavy guns. The moist and swampy ground surrounding the fort made it impossible to approach by means of trenches.[484]

So the English cast their camp before the fort hoping to starve out the enemy. Lines were drawn about the place, as closely as the nature of the ground would permit, while boats patrolled the river to cut off escape to the Virginia shore. Fearing, no doubt, that lack of provisions would soon make it necessary for them to come to terms with the besiegers, the Indians sent out several of their leaders to treat for peace. But so deep was the animosity aroused by the recent murders, that the white men violated the flag of truce by detaining these envoys, and finally beating out their brains.[485] This flagrant act aroused the Indians to a desperate defense. In numerous sallies they inflicted severe loss upon the besiegers, and captured enough horses to supply themselves with food. At last, after six or seven weeks of fighting, they resolved to effect their escape. On a dark night, when the English were least expecting it, they sallied forth, bringing with them their women and children. Awakening the white men with their savage yells, they burst in among them, killing and wounding many, and before resistance could be made, were through the lines and gone.[486]

And now the Virginians were made to pay dearly for their part in this ill-managed affair. Early in January, 1676, the Susquehannocks crossed the Potomac and came plundering and murdering through the frontier counties.[487] Separating into small bands, the Indians fell upon the more isolated plantations, and in a few days had killed no less than thirty-six persons. Those whose wretched fate it was to be captured, were put to death with all the tortures that devilish ingenuity could devise. Some were roasted, others flayed alive. The sufferings of the victims were long and protracted, while the savages knocked out their teeth or tore off their nails or stuck feathers and lighted wood into their flesh.[488]

In terror the people of the frontier began to desert their homes, seeking shelter in the more populous settlements.[489] In a few weeks one parish, upon the upper waters of the Rappahannock, was reduced from seventy-one plantations to eleven.[490] Those that remained were concentrated upon the largest farms, which they fortified with palisades and redoubts.[491]

When the news of these atrocities reached Sir William Berkeley, hasty preparations were made for an expedition against the invaders. Sir Henry Chicheley was put at the head of forces of horse and foot, with orders to give immediate pursuit to the savages. But just as all was in readiness and the command to march hourly expected, the Governor decided that the expedition should be abandoned. Chicheley's commission was annulled, his forces disbanded and the soldiers sent to their homes.[492]

What induced Berkeley to take this strange step none could tell. The murders of the savages were continuing. The frontier was defenseless. Messages were coming from the exposed plantations imploring aid. Why should he desert the people and expose them to the fury of the Indians? It is possible that he detected symptoms of mutiny among the troops and thought it better to abandon the expedition than to run the risk of a rebellion. He was well aware of the discontent of the people, and his letters to England show that he dreaded an insurrection.[493] The unhappy planters ascribed the Governor's strange conduct to avarice. He and his friends had a monopoly of the Indian trade, and it was hinted that he preferred to allow the atrocities to continue rather than destroy his source of revenue. He was determined, was the cry, "that no bullits would pierce beaver skins".[494] More probable seems the explanation that Berkeley hoped to prevent further depredations by the help of the Pamunkeys and other friendly tribes, and feared that an invasion of the Indian lands might defeat this purpose.[495]

But an Assembly was summoned in March and instructed by the Governor to take immediate measures to secure the frontier.[496] Acting, no doubt, under Berkeley's influence, the Assembly resolved not to carry the conflict into the enemy's territory, but to wage a defensive war. Forts were to be erected upon the upper waters of the great rivers, and manned with regular troops as a protection to the outer plantations. To defray the cost, new and heavy taxes were put upon the people.[497]

This last act of the Long Assembly caused bitter dissatisfaction. The border counties had hoped that provision would be made for an expedition against the Indians. No headway could be made unless the whites took the offensive and hunted down the savages in their own villages. The erection of forts was useless.[498] The Indians would experience no difficulty in avoiding them in their murderous raids. They could approach the remote plantations, or even those far within the frontiers, without fear of detection by the soldiers, for the numerous swamps and dense woods afforded them ample covert. It was not intended that the forts should be used as bases for expeditions into the enemy's country; nor could the soldiers leave them to pursue and punish the plundering savages. What then, it was asked, could be the value of fortresses, if they were to defend only the ground upon which they stood?[499]

The event proved the people right. The forts, when built, were but slight obstacles to the invasions of the Indians. The murders became more frequent than before. The impotency of the defenses of the colony seems to have inspired them to more terrible and vigorous attacks. The cry against the forts became more bitter. "It was a design," the people thought, "of the grandees to engross all their tobacco into their own hands".[500] As the cries of their women and children grew more piteous and distressing, the men of the frontier spoke openly of disobedience. Rather than pay the taxes for the accursed forts they would plant no more tobacco. If the Governor would not send an expedition against the Indians, they themselves would march out to avenge their wrongs. The forts must be dismantled, the garrisons dismissed.[501]

From all parts of the colony came the insistent demand that the Assembly, which had so long been but a mockery of representative government, should be dissolved and the people given a free election.[502] But Berkeley was not the man to yield readily to this clamor. Never, in all the long years that he had ruled over Virginia, had he allowed the rabble to dictate his policies. He would not do so now. When petitions came from the frontiersmen, asking leave to go out against the Indians, he returned a brusk and angry refusal.[503] A delegation from Charles City county met with a typical reception from the irritable old man. As they stood humbly before him, presenting their request for a commission, they spoke of themselves as the Governor's subjects. Upon this Berkeley blurted out that they were all "fools and loggerheads". They were subjects of the King, and so was he. He would grant them no commission, and bade them be gone, and a pox take them.[504] Later he issued a proclamation forbidding under heavy penalties all such petitions.[505]

Unfortunately, at this juncture came news that large bodies of Indians were descending upon the upper waters of the James, and that another bloody assault might soon be expected.[506] In terror and anger the people of Charles City county seized their arms, determined to repel this threatened storm, with or without the Governor's permission. Parties went about from place to place beating up volunteers with the drum. The magistrates were either in sympathy with the movement, or were unable to prevent it.[507] Soon a considerable body of rough, determined men were assembled, awaiting only a leader to march out against the enemy.

This leader they found in one of the most interesting and picturesque characters in Virginia history. Nathaniel Bacon is depicted as twenty-nine years of age, black-haired, of medium height and slender, melancholy, pensive, and taciturn. In conversation he was logical and convincing; in oratory magnetic and masterful.[508] His successful expeditions against the Indians and the swift blows he directed against the loyal forces mark him as a military commander of no mean ability.[509]

Bacon was almost a stranger in Virginia, for he had left England less than two years before.[510] He was fortunate, however, in having a cousin, also named Nathaniel Bacon, high in the favor of Sir William Berkeley.[511] It was doubtless through the influence of this relative that the young man attained a position of great influence, and was appointed to the Council itself.[512] But submission to the will of the imperious Governor was the price paid by all that wished to remain long in favor in Virginia. Bacon did not approve of Berkeley's arbitrary government; he disliked the long continuation of the Assembly, the unjust discriminations, the unusual taxes, the incapacity of officials; and it was not in his fiery temper to conceal his opinions. Soon, it would seem, the frowns of the Governor began to fall upon him, and he grew weary of coming to Council.[513]

Bacon had made his home in Henrico, at that time one of the extreme frontier counties. His marked ability, his liberal education, his place in the Council soon gave him a position of great influence among his rough but hardy neighbors. None could be better suited to assume command over the desperate volunteers that had gathered in Charles City county.

But it was a very serious step to accept the leadership of this band which had taken arms in defiance of the Governor's commands. It would expose him to the charge not only of disobedience, but of open rebellion. Bacon, however, like all that dwelt upon the frontiers, was angered at the inadequate protection given by the government. When news came to him that depredations had been committed upon one of his own plantations, and that his overseer had been killed, he was eager to take revenge.[514]

Now some of Bacon's friends, as anxious as he for an Indian expedition, and thinking him most proper to conduct it, suggested his name to the volunteers. The men were quite willing to accept so influential a commander, but it was not so easy to persuade Bacon to take the dangerous place. He consented, however, to row across the river, and visit the soldiers in their camp. Here the men gathered around him, and with joyous shouts of, "A Bacon! A Bacon!" proclaimed him their leader. His friends pressed him to accept. They would, they said, accompany him on his expedition. If the Governor ordered them to disband, they would defy him. "They drank damnation to their souls", if they should prove untrue to him. Touched by these proofs of confidence, and fired perhaps with ambition, the young man yielded, and Bacon's Rebellion had begun.[515]

From the very first the movement assumed the character of an insurrection.[516] Amid the hearty applause of his rough followers, Bacon spoke of the negligence, the incapacity and wickedness of the government. Their betrayal into the hands of the savages was but one of many grievances. The laws were unjust, the taxes oppressive. Something must be done to redress these wrongs and to end misgovernment.[517] And as the poor people flocked in to him, he listed their names in a huge round-robin and bound them to him by an oath of fidelity.[518]

A message was dispatched to the Governor to request a commission authorizing the expedition against the Indians.[519] But Bacon promised his men that if Sir William withheld his assent, he would lead them forth without it; and in the meanwhile, without waiting for the Governor's reply, he crossed over into New Kent, "a county ripe for rebellion", where he expected to strengthen his position and perhaps attack the Pamunkeys.[520] This nation had for many years been friendly to the English, and had more than once given them invaluable assistance against other Indian tribes. Their present queen was the widow of Tottopottomoi, who had been killed while fighting as the ally of the white men against the Richahecrians.[521] They now occupied land allotted them by the Assembly, upon the frontier of New Kent, where, it was supposed, they would act as a protection to the colony against the raids of hostile tribes.[522] When the Susquehannocks began their depredations Governor Berkeley expected valuable assistance from these allies, whom he termed his "spyes and intelligence" to search out "the bloody enimies".[523] But the Pamunkeys not only failed to check the invasion of the Susquehannocks, but seem to have joined with them in the work of bloodshed and pillage. The people of the frontier believed that almost all the Indians were leagued together for their ruin. The Pamunkeys, they were sure, had taken part in the recent atrocities. And as they were their close neighbors, knowing all their customs and all their habitations, they were especially fitted for the work of destruction. The New Kent planters were now impatient to march out against them to take revenge for the recent horrible murders. But the Pamunkeys, upon hearing of Bacon's approach, deserted their reservation and took refuge in the wilderness.[524]

It is not hard to imagine the Governor's anger when he heard of these proceedings. Despite the testimony of the frontiersmen, he had refused to believe the Pamunkeys guilty, and he still relied upon them for assistance against the Susquehannocks. Bacon's proceedings, in frightening them from their lands, upset all his plans of defense. Yet had the volunteers contented themselves with attacking the Indians, it is conceivable that Berkeley would have yielded. But when they took up arms without his permission, put themselves under the command of a discontented Councillor, and demanded redress of grievances from the government, it was necessary for him to resort to repression. The commission was refused and a proclamation issued denouncing Bacon's conduct as illegal and rebellious. He and his men were offered pardon, but only on condition that they lay down their arms, and return immediately to their obedience.[525]

But the mutineers would not obey. Are we, they complained, to return passively to our homes, there to be slaughtered by the savage foe? The Governor has given us no protection. The Indians are coming. Already the blood of our butchered relatives cries aloud to Heaven. We hope we have still enough English blood in our veins to think it more honorable to die in fair battle with the enemy, than to be sneakingly murdered in our beds. If we lie still, we are destroyed by the heathen; if we defend ourselves, we are accounted rebels and traitors. But we will fight. And if we must be hanged for killing those that will destroy us, let them hang us, we will venture that rather than lie at the mercy of our barbarous enemies. So, turning their backs upon the plantations, they struck out into the dense woods.[526]

When Berkeley heard that his authority was still defied, and his pardon rejected, he was resolved at all hazards to compel obedience. Gathering around him a party of three hundred gentlemen, "well armed and mounted", he set out, on the third of May, to intercept the rebels.[527] But learning, upon his arrival at the falls of the James, that Bacon had crossed the river and was already far away, he decided to encamp in the frontier counties and await his return.[528]

But he sent out a party under Colonel Claiborne to pursue the Pamunkeys, and induce them, if possible, to return to their reservation. The savages were found entrenched in a strong; position, "encompassed with trees which they had fallen in the branch of an Impassable swamp".[529] Their queen refused to abandon this retreat, declaring that since the Governor had not been able to command the obedience of Bacon, he could not save her people from his violence. But she promised that the Pamunkeys should remain peaceable and should take no part in the raids of the Susquehannocks. "Of this the Governor was informed, who resolved not to be soe answered but to reduce her and the other Indians, soe soone as Bacon could be brought to submit."[530]

On May the tenth Berkeley issued a new proclamation. The taking of arms by Bacon, he said, against his wishes and commands, was an act of disloyalty and rebellion. If permitted to go unpunished, it would tend to the ruin and overthrow of all government in the colony. It was his duty to use all the forces at his command to suppress so dangerous a mutiny. Should the misguided people desert their leader, and return to their allegiance, he would grant a free and full pardon. And as Nathaniel Bacon had shown himself by his rash proceedings utterly unworthy of public trust, he suspended him from the Council and from all other offices held by him. It was amazing, he said, that after he had been Governor of Virginia so many years, and had done always equal justice to all men, the people should be seduced and carried away by so young and turbulent a person as Bacon.[531]

But although Berkeley was determined to suppress the rebels by force of arms, the attitude of the commons in other parts of the colony became so threatening that he was forced to make some concessions. To the great joy of the people he dissolved the unpopular Long Assembly, and ordered a new election. It was with sorrow, he declared, that he departed with the present Burgesses, who had given frequent proof of ability and wisdom. But the complaints of many inhabitants of the long continuance of the old Assembly had induced him to grant a free election. And if any man had grievances against his government, or could accuse him of injustice or bribery, he was to present his complaint by his Burgesses to the Assembly, where it would be examined.[532]

It was indeed time for the Governor to act, for the rebellion was spreading to the older and more populous counties.[533] The people there too were denouncing the forts, and demanding redress of grievances. Some began to arm, and it seemed not improbable that the entire colony might soon be ablaze. Hastening back to his residence at Green Spring, he sought to appease the people by dismantling the obnoxious forts and dismissing their garrisons.[534]

In the meanwhile Bacon was making his way through the woods southward from the falls of the James in pursuit of the Susquehannocks that had committed the recent murders upon the frontier.[535] These savages had not attempted to return to their homes north of the Potomac, but had retired to the country of the Occaneechees, where they had entrenched themselves in two forts.[536] The Occaneechees dwelt in the southernmost part of Virginia, near the site of Clarksville.[537] They are described as a stout people, and the most enterprising of traders. Their chief town, situated upon an island in the Roanoke River and defended by three strong forts, was "the Mart for all the Indians for att least 500 miles" around.[538] The beaver skins stored in this place at the time of Bacon's expedition are said to have valued no less than L1,000.[539] Persicles, their king, was reported to be an enlightened ruler, "a very brave man & ever true to ye English".[540]

It was toward this island that Bacon led his men. But a quest for Indian allies took him far out of his route. Everywhere he found the savages reluctant to aid him, even those nations that had formerly been most friendly to the English now holding aloof from them. This embarrassed him greatly for he had relied upon receiving aid from several tribes, and his food was not sufficient for a long march. As the little army went further and further into the wilderness, they began to face the possibility of starvation. When at last they approached the Occaneechee country and received promises of aid from Persicles, their provisions were nearly exhausted.[541]

Upon reaching the Roanoke the English crossed the north branch of the river and encamped upon the Occaneechee island.[542] To his deep satisfaction, Bacon found Persicles embroiled with the Susquehannocks, and already preparing for their destruction. When these wanderers from the north first came to him, Persicles had received them with kindness and had relieved their needs. But they, "being exercised in warr for many years with the Senecaes, and living on rapin, endeavoured to beat the Ockinagees of their own Island".[543] Persicles had defeated them, however, and forced them to take refuge in their two forts.[544]

Now the Susquehannocks, in their southward march, had subdued and brought with them some members of the Mannakin and Annelecton tribes.[545] These savages, although they lived with their conquerors, had no love for them, and were quite willing to join in any plan for their destruction. Persicles, it would seem, was plotting with them to surprise and cut off the Susquehannocks, when Bacon appeared with his men. Fearing, no doubt, that the participation of the English in the attack would render secrecy impossible, Persicles left them on the island, and went out alone against the enemy.[546] The Mannakins and Annelectons proved true to their allies and the Susquehannocks were easily defeated. Persicles returned in triumph, bringing with him several prisoners. These he wished the English to execute, but they "refused to take that office".[547] Thereupon he himself put them to death with all the usual Indian tortures, "running fyer brands up their bodys & the like".[548]

But now the friendship of Persicles and the English came abruptly to an end. The Berkeley party afterwards claimed that Bacon deliberately picked a quarrel with his allies, and attacked them without provocation.[549] It would be unjust, however, to place too much confidence in these charges. Bacon's men found themselves in a most critical situation. They were many miles from the plantations, surrounded by the savages, their provisions exhausted. Persicles, they asserted, had failed to keep his promise to supply them with food. He was assuming a threatening posture, manning his forts, and lining the river bank with his warriors. For Bacon to retreat from the island under these circumstances, would have exposed his company to destruction. To remain passive was to starve.[550]

As the English became more insistent in their demands for food, Persicles retired to one of his forts, and refused further conference. Many of the savages, seeing hostilities imminent, deserted their cabins and began to rush in through the entrances of their fortresses. But Bacon interposed his men, and succeeded in shutting out many of them.[551] Now from the Indians across the river came a shot, and one of the English fell dead.[552] Instantly Bacon ordered a general attack. The defenseless men, women and children left in the cabins were mercilessly butchered. At the same time fire was opened upon the forts. The soldiers rushed up to the portholes, and poured their volleys directly in upon the wretched savages.[553] A hideous din arose. The singing and howling of the warriors was mingled with the moans of the dying. Fire was set to one of the forts, in which were the king's wife and children. As the flames arose, three or four braves made a dash for safety through the line of the English. All others in this fort, including the king's family, perished amid the burning timbers.[554]

The next day the fight was continued from morn till night. Several times the savages sallied forth from their remaining forts, and placing themselves behind trees, opened fire upon the English. But Bacon's frontiersmen were accustomed to this method of warfare. So well were they posted and so cleverly concealed, that most of the enemy were picked off as they stood. At last Persicles himself led forth a party of about twenty men in a desperate attack upon his enemy. With great bravery they rushed around the English in a wide circle, howling and firing. But they too were unsuccessful. Persicles was killed. Several of his men were shot on the bank of the river, and fell into the water. Of all this party seven only were seen to escape.[555]

It now seemed hopeless for the Indians to fight further. With their king and many of their warriors dead, and with one of their forts in ruins, their ultimate destruction was certain if they remained upon the island. So, with their women and children, they deserted the remaining forts and escaped. How they managed to slip past the victorious white men and make their way across the river is not explained. Thinking it best not to follow, Bacon secured his plunder, and turned his face back towards the plantations.[556]

The news of the victory over the savages was received with enthusiasm in the frontier counties. Bacon had been popular with the people before; he now became their idol.[557] He and his men, upon their return, found the entire colony deeply interested in the election of a new House of Burgesses. In various places popular candidates, men in sympathy with Bacon, were being nominated.[558] In Henrico county the people showed their contempt for the Governor's proclamations by electing Bacon himself.[559]

But it would be a matter of no little risk for him to go to Jamestown to take his seat in the Assembly. While surrounded by his loyal frontiersmen in his own county he might well ignore the proclamations against him, but if he put himself in the Governor's power, that fiery old man might not hesitate to hang him as a rebel. His friends would not allow him to go unprotected, and insisted upon sending with him a guard of forty or fifty armed men.[560] Embarking with this company in a sloop, Bacon wended his way down the crooked James to the capital. He cast anchor a short distance above the town and sent to the Governor to know whether he would be allowed to take his seat in the Assembly without molestation.[561] For reply Sir William opened fire upon the sloop with the guns of the fort.[562] Whereupon Bacon sailed further up the river out of danger.[563] But that night he landed with twenty of his men, and unobserved by any, slipped silently into town.[564]

In the place resided Richard Lawrence and William Drummond, both deeply impressed with the need of reform in Virginia, and both in sympathy with Bacon's movement. Repairing to Lawrence's house, Bacon conferred with these two friends for several hours.[565] Upon reembarking he was discovered. Alarm was immediately given in the town and several boats filled with armed men pursued him up the river. At the same time Captain Gardner, commanding the ship Adam and Eve, was ordered to follow the fugitives, and capture or sink the sloop. For some hours Bacon eluded them all. Finally, however, about three the next afternoon, he was driven by the small boats under the guns of the Adam and Eve, and forced to surrender.[566] Coming on board he was entrusted to Captain Gardner and Captain Hubert Farrill, and by them conducted to the Governor.[567]

As the prisoner was led before him, the old man lifted his eyes and arms to Heaven, exclaiming, "Now I behold the greatest Rebell that ever was in Virginia!"[568] After some moments he added, "Mr. Bacon, doe you continue to be a gentleman? And may I take your word? If so you are at liberty upon your parol."[569] Later, when the rebel expressed gratitude at this mild treatment and repentance for his disobedience, Berkeley promised to grant him a free pardon. And should he offer a humble submission, he was to be restored to his seat in the Council, and even receive the long desired commission.[570]

In this unexpected leniency the Governor was probably actuated not by magnanimity, but by policy, or perhaps necessity. When the rebel was out upon his Indian expedition, Sir William had not scrupled to tell Mrs. Bacon that he would most certainly hang her husband, if ever he got him in his power.[571] But now he dared not do so. Bacon was regarded by a large part of the people as their leader in a struggle for justice and liberty; to treat him too harshly might set the entire colony ablaze. In fact, many frontiersmen, when they heard of the capture of their hero, did hasten down to Jamestown with dreadful threats of revenge should a hair of his head be touched.[572] And throughout the colony the mutterings of impending insurrection were too loud to be mistaken or ignored.[573]

A few days after the capture, at a meeting of Council and Assembly, the Governor arose from his chair, saying, "If there be joy in the presence of the angels over one sinner that repenteth, there is joy now, for we have a penitent sinner come before us. Call Mr. Bacon." Whereupon the rebel entered, and dropping upon his knee, presented his submission. "God forgive you," said the Governor, "I forgive you." "And all that were with him?" asked one of the Council. "Yea," said Sir William, "all that were with him."[574] That very day Bacon was restored to his seat in the Council.[575] The soldiers that had been captured with him were freed from their chains and permitted to return to their homes.[576] And, to the great joy of the people, it was publicly announced by one of the Burgesses, that Bacon had been granted a commission as general in the Indian war.[577] Feeling that all was now well, and that their presence in Jamestown was no longer necessary, the sturdy frontiersmen shouldered their fusils, and returned to their plantations.[578]

But the reconciliation could be but temporary. Bacon's repentance and submission had been forced from him while helpless in the Governor's power. He did not consider it morally binding. And so long as the people's grievances were not righted, and the Indian war was neglected, he could not be content to remain inactive and submissive. On the other hand, Sir William probably felt that his promise of a commission had been exacted by the unlawful threats of Bacon's friends, and might be broken without dishonor.[579]

After waiting several days for his papers, Bacon became suspicious of the Governor's intentions, and set out for his home in Henrico.[580] Berkeley consented to his departure, and he took "civill leave", but immediately afterwards he repented bitterly that he had let his enemy thus slip through his fingers. It is probable that information came to him just too late, that Bacon was again meditating resistance. Parties of men were sent out upon the roads and up the river to intercept his flight. The very beds of his lodging house were searched in desperate haste, in the hope that he had not yet left Jamestown. But all in vain. Bacon had ridden quietly out of town, without servants or friends, and was now far on his way towards the frontier.[581]

On his arrival at Henrico, his old comrades flocked around him, eager to be led out against the Indians, and confident in the belief that Bacon was authorized to command them. And when they learned that he had not secured a commission, and was once more a fugitive, they "sett their throats in one common key of Oathes and curses, and cried out aloud, that they would either have a Commission ... or else they would pull downe the Towne".[582] And as the news spread from place to place, rough, angry men came flocking in to Bacon, promising that if he would but lead them to the Governor, they would soon get him what he pleased. "Thus the raging tumult came downe to Towne."[583]

Vague rumors began to reach the Assembly that Bacon was marching on Jamestown at the head of five hundred men.[584] By June the twenty-second, it became definitely known that the rebels were approaching.[585] Berkeley sent out several messengers to demand their intentions, but could get no satisfactory reply. Hasty preparations were made to defend the town.[586] The neighboring militia was summoned. Four guns were dragged to Sandy Bay to command the narrow neck of land that connected the peninsula with the left bank of the river.[587] It was proposed to construct palisades across the isthmus. Early on the morning of the 23d, Berkeley went out himself to direct the mounting of the guns.[588] But it was too late. On all sides the people were crying, "To arms! To arms! Bacon is within two miles of the town." The rebels were threatening, it was reported, that if a gun was fired against them, they would kill and destroy all.[589] Seeing that resistance would be useless, and might be fatal, the Governor ordered the guns to be dismounted, withdrew his soldiers, and retired to the state house.[590]

And so the rebels streamed unresisted into the town, a motley crew of many sorts and conditions: Rough, weather-beaten, determined frontiersmen, bent on having the commission for their leader; poor planters, sunk deep in debt, denouncing the government and demanding relief from their taxes; freedmen whose release from bondage had brought them little but hunger and nakedness. Moderation and reason were not to be expected of such a band, and it is not strange that many of them talked openly of overthrowing the government and sharing the property of the rich among themselves. Sixteen years of oppression and injustice were bearing their natural fruit—rebellion.[591]

"Now tagg, ragg & bobtayle carry a high hand."[592] Bacon leaves a force to guard Sandy Bay, stations parties at the ferry and the fort, and draws up his little army before the state-house.[593] Two Councillors come out from Berkeley to demand what he wants. Bacon replies that he has come for a commission as general of volunteers enrolled against the Indians. And he protests that if the Assembly intends a levy for new forces, his men will refuse to pay it. The ragged troops shout their approval with cries of "Noe Levies! Noe Levies!"[594]

It is easy to imagine with what anger the Governor drew up and signed the commission. But he dared not refuse it. He was in the power of the rebels, who were already muttering threats of bloodshed and pillage. To defy them might bring instant ruin.[595] When the commission was brought out, and Bacon had read it to his soldiers, he refused to accept it, declaring the powers granted insufficient. Thereupon he drew up the heads of a new paper, in which his loyalty to the king and the legality of his past actions were attested, and an appointment given him as general of all the forces in Virginia used in the Indian war.[596]

These new demands throw the old Governor into an uncontrollable rage. He rushes out to Bacon, gesticulating wildly, and declaring that rather than sign such a paper he will have his hands cut off.[597] In his excitement he opens his bosom, crying out, "Here, shoot me, fore God fair mark."[598] Then he offers to measure swords with the rebel before all his men, shouting, "Let us settle this difference singly between ourselves."[599] But Bacon ignores these ravings. "Sir," he says, "I come not nor intend to hurt a haire of your Honors head. And for your sword, your Honor may please to put it up, it will rust in the scabbard before ever I shall desire you to draw it. I come for a commission against the Heathen who daily inhumanly murder us and spill our bretherens blood."[600]

In the general distraction somebody takes the proposals to the Burgesses, now sitting in an upper chamber of the state house. Bacon struts impatiently below, muttering threats and "new coyned oathes".[601] At a window of the Assembly room are a number of faces, looking out on the exciting scenes below. Bacon calls up to them, "You Burgesses, I expect your speedy result." His soldiers shout, "We will have it, we will have it." At a command from Bacon the rebels cock their fusils, and take aim at the crowded window. "For God's sake hold your hands," cry the Burgesses, "forbear a little and you shall have what you please."[602] And now there is wild excitement, confusion and hurrying to and fro. From all sides the Governor is pressed to grant the commission in Bacon's own terms. At last he yields, and the paper is signed.

But new humiliation awaited him. The next morning Bacon entered the House of Burgesses with an armed guard, demanding that certain persons active in obeying the Governor's orders should be deprived of all offices, and that recent letters to the King denouncing him as a rebel should be publicly contradicted. When Berkeley heard of these demands, he swore he would rather suffer death than submit to them. But the Burgesses, who thought it not unlikely that they might soon have their throats cut, advised him to grant whatever was demanded.[603] So a letter was written to the King, and signed by the Governor, the Council and the Burgesses, expressing confidence in Bacon's loyalty and justifying his past actions.[604] Several of Berkeley's friends were committed to prison. Blank commissions for officers to command under Bacon in the Indian war were presented for signature. The Governor granted all, "as long as they concerned not life and limb", being "willing to be ridd of him". The Assembly finished its session, and thinking to appease the rebels, sent their laws out to be read before them. But they rose up like a swarm of bees, and swore they would have no laws.[605] Yet the legislation of this session was exceedingly liberal. The elections had been held at a time when the people were bitterly angry with the Governor and disgusted with the old regime. In several counties popular candidates, men bent upon reform, had been elected over Berkeley's friends.[606] These men, aided by the menacing attitude of the people, had initiated a series of bills designed to restrict the Governor's power and to restore to the commons their rightful share in local government. But it was probably the presence of Bacon with his ragged troops at Jamestown that brought about the final passage of the bills. The Governor and the Council would hardly have given their consent, had they not been forced to do so at the sword's point.

Indeed these laws aimed a telling blow at the aristocratic cliques that had so long controlled all local government. It was to be illegal in the future, for any man to serve as sheriff for two consecutive terms.[607] Surveyors, escheators, clerks of the court and sheriffs should hold only one office at a time.[608] The self-perpetuating vestries which had long controlled the parishes and levied church taxes, were to give place to bodies elected tri-annually by the freemen.[609] An act was passed restricting the power of the county courts. For the future the people were to elect representatives, equal in number with the justices, to sit with them, and have a voice "in laying the countie assessments, and of making wholesome lawes".[610] Councillors were no longer to be exempt from taxation. The act of 1670, restricting the right to vote for Burgesses to freeholders was abolished, and the franchise extended to all freemen.[611] And since "the frequent false returns" of elections had "caused great disturbances", it was enacted that any sheriff found guilty of this crime should be fined twenty thousand pounds of tobacco.[612]

Hardly had the Assembly closed its session when the news was received that the Indians were again on the war-path, having killed eight persons in the upper counties. This caused great alarm in the rebel army, and Bacon found it necessary the next day to lead them back to the frontier that they might guard their homes and families.[613]

Here active preparations were made for a new expedition against the savages. Now that Bacon had a commission signed by the Governor and confirmed with the public seal, men were quite eager to follow him. On all sides volunteers flocked in to offer their services against the brutal enemy. Even Councillors and Burgesses encouraged their neighbors to enlist, declaring that no exception could be taken to the legality of the commission.[614] Thus hundreds swallowed "down so fair a Bait, not seeing Rebellion at the end of it".[615]

In the meanwhile, the Governor, angered at the great indignities put upon him, was planning to regain his lost authority. A petition was drawn up in Gloucester county by Sir William's friends, denouncing Bacon, and asking that forces be raised to suppress him.[616] Although most of the Gloucestermen, it would seem, had no part in this request, Berkeley crossed over the York River to their county and began to enlist volunteers.[617] But he met with little success. Even in this part of the colony Bacon was the popular hero, and men refused to serve against him. It seemed outrageous to many that while he was out to fight the common enemy, the Governor should attack him in the rear. All his desperate efforts were in vain. Sick at heart and exhausted from exertions too great for his age, he is said to have fainted away in the saddle.[618]