|Pages 509-531||Pages 557-583|
|Charles the 2d, by the grace of God king of England, &c. to all to whome these presents shall come, greeting. Know ye that we of our especial grace, certain knowledge, and meer motion, have declared and granted, and by these presents do for us, our heirs, and successors, declare and grant that all the subjects of us, our heirs and successors from time to time inhabiting within our colony and plantation of Virginia, shall have their immediate dependance upon the crown of England, under the rule and government of such governours, as we, our heirs, and successors shall from time to time appoint in that behalf, and of or upon no other person or persons whatsoever. And further that the governour for the time being shall be resident in that country, except we our heirs or successors shall at any time command his attendance in England or else where, in which case a deputy shall be chosen to continue during the absence of such governour in manner as hath formerly been used, unless we, our heirs or successors shall think fit to nominate such deputy. And further if any governour shall happen to dye, then another governour shall and may be chosen, as hath been formerly used, to continue till we, our heirs and successors shall appoint a new governour. And moreover that all lands now possessed by the several and respective planters or inhabitants of Virginia, are and shall be confirmed and establisht to them and their heirs for ever, where the property of any particular mans interest in any lands there shall not be altered or prejudiced by reason thereof. And our further will and pleasure is, and we do hereby, of our further grace and favour, declare and grant, that for the incouragement of such our subjects as shall from time to time go to dwell in the said plantation, there shall be assigned out of the lands not already appropriated to every person so comeing to dwell, fifty acres of land, according as hath been used and allowed since the first plantation, to be held of us, our heirs and successors, as of our manner of East Greenwich, in the county of Kent, in free and common soccage. And further that all lands possest by any subject inhabiting in Virginia, which is escheated, or shall escheat unto us, our heirs and successors, shall and may be injoyed by such inhabitants, or possessors, his heirs and assigns for ever||The Charter of 10th of October 1676. |
1. Depend'nce on the crown of England.
2. Governor to be resident in Virginia.
Deputy, how chosen.
Successor, how appointed.
3. Confirmation of titles of lands.
4. Fifty acres of land to each emigrant.
5. Composit'n for escheats.
|paying two pounds of tobacco composition for every acre, which is the rate set by our governour according to our instructions to him in that behalf. And further that the governour and council of Virginia for the time being, and in the absence of the governour, the deputy governour and council, or any five or more of them, whereof the governour or his deputy to be always one, shall and hereby have full power and authority to hear and determine all treasons, murders, felonys and other offences committed and done therein, as near as may be to the laws and statutes of this kingdome of England. And lastly, know ye, that we being of our royall goodness, graciously inclined to favour the subjects of us, our heirs and successors, which now do, or hereafter shall inhabit in the said country of Virginia, and to give the more liberal and ample encouragement to plantations there, do hereby declare our royall will and pleasure to be, that all and every clause, article and sentence in those our letters pattents contained, shall be from time to time for ever hereafter, as often as any ambiguity, doubt, or question shall or may arise thereupon, expounded, construed, deemed and taken to be by us meant and intended, and shall enure an take effect in the most beneficial and available sence to all intents and purposes, for the profit and advantage of the subjects of us, our heirs and successors of Virginia aforesaid, as well against us, our heirs and successors, as against all and every other person and persons whatsoever, any law, statute, custome and usage to the contrary thereof notwithstanding. in witness whereof we have caused these our letters to be made patents. Witness ourself at Westminster the tenth day of October, in the twenty eighth year of our reign.|
6. Trial, for treason, murder & felonies.
This charter to be beneficially construed for the inhabitants of Virginia.
|Per ipsum Regem|
|From a MS. copy of the Revised Laws of 1705, page 244, furnished to
the editor by William Nelson, Esq. one of the judges of the General Court.)|
The above charter is also to be found in the Bland MS. page 382, and Burk's Hist. Virg. vol. 2,
|App. pa. lxi. but those copies are less perfect than that in the MS. revisal of
By comparing this charter with the report of the attorney, and solicitor general, which was approved by the lords of the committee for foreign plantations, and afterwards adopted by the king in council, who ordered a new charter to be prepared, it will at once be seen that the most important provisions, particularly what relates to an exemption from the payment of taxes, are omitted.
Remonstrances against the stoppage of the charter.
|WE do most humbly beseech you to believe, that it is not our unpatience of finding ourselves reduced almost to the same place, from whence we set out above twelve months since, after we had (during that time) spent so much pains and mony, to procure such a grant to pass the broad seal as might be equally for his majesties service, and the future security and encouragement of Virginia, the most ancient and profitable of all the English plantations, but our astonishment, which takes from all measures, to find the stoping it at the great seal, to be founded upon a supposition, that it contains powers in it of controling the acts for navigation, which enforces us to give you this further trouble in our unfortunate business, by desiring your honour to consider all the particulars of the grant; and then we humbly hope you will find the first head containing only a power of purchasing what his majestie hath been pleased to grant to the Earl of St. Albans, &c. can have no relation to the laws for navigation, all which are only directions for prevention of fraud in paying the customs due upon commodities exported and imported; however we have and do still offer, that if his majesty will be pleased any way to call in the said patent and again lay it to the rest of Virginia, we will be no longer sollicitous of being incorporated to purchase the same.||Remonst'nces ag'st stoppage of the charter.|
The following papers are not to be found in Mr. Burk's Appendix to his history of Virginia.
|* It does not appear in the MS. to whom this memorial was addressed.|
| That the two next heads containing nothing in them but a security
that the inhabitants of that country shall have their future dependance on the crown only, and no
more be subjected to any new grants, but to be made the command of such governor as his majesty
shall please to appoint, the residence of the said governor and manner of choosing deputy, we
humbly hope will never be thought to controle the said laws for navigation.
The fourth head, its true, contains that which we humbly conceive to be the right of Virginians, as well as all other Englishmen, which is, not to be taxed but by their consent, expressed by their representatives; in which head your honour may observe a proviso, which, we humbly conceive, doth so effectually preserve the power of the laws of navigation, and all future acts of parliament, of that nature, as to render the objection against our grant of no force.
The 5th, 6th, 7th and 8th heads giving nothing to his majesties subjects in that country, but that just security of being no more granted away to strangers, and a fiting confirmation of those lands they now hold of the crown, under the broad seal, which was formerly held only by pattents, grounded upon instructions, which are alterable at pleasure, and the old encouragement of ffifty acres for every adventurer thither, to which we owe the greatest growth of that colony, to which is added the usual settlement of all such lands as are or shall escheat to his majesty, we most humbly hope it cannot be imagined that any clause or thing contained in these four heads is contrary to any law of England.
The 9th head importing only a necessary power of oyer and terminer, for punishing the faults therein contained, without which no government can subsist, we are humbly confident will be found neither unfit for his majesty to grant, nor any way contrariing to those acts for navigation, nor any other law of England.
The last head containing no more but a confirmation of that power and authority which the grand assembly hath alwaies exercised, by virtue of our several king's instructions, and without which there could be no provision made either for the support of the government or defence of the country, wherein they neither
|Remonst'nces ag'st stoppage of the charter.|
| have nor can be presumed to have power of making laws contrary to the laws of England,
nor have ever exercised any such authority, which must have been void in itself; but if they had,
the objection would have been as well for the vindication of all the laws of England, as of those
which only respect trade, an inconvenience which we humbly conceive to be sufficiently provided
against by the proviso in the same head, which submits all laws made by that assembly to his
majesties confirmation or revocation, nor can it possibly be thought ever any such contradictory
law can pass there, so long as the governor and government are in the foregoing heads dependant
on the subjects to the crown.
Thus we have answered all objections we can make to ourselves, whilst we are ignorant of what particular part of our grant is supposed to contain so unfiting a power of controling the acts of navigation, but are most humbly of opinion that so dangerous a power, both to the crown and his kingdom, could never have escaped the care and diligence of his majesties council learned in the law, nor the great wisdom of the right honorable the committee for trade, and the most honorable privy council, where it hath been twice debated and as often positively ordered to pass; and do therefore most humbly pray your honour to move his majesty in council that it may no longer be delaied upon, which seems to us of so great weight lest the effects should prove ruinous to that country, now in a desperate and chargeable war with the Indians, which we humbly hope, thought a sufficient motive for the speedy passing this grant, that will at once settle both their minds and estates, and give them courage to defend as well his majesties, as their own interest, against their barbarous enemies. We have only this further petition to your honor, that you will consider that 'tis for a whole country we plead, and therefore that you will not think this paper too long, and that you will be pleased to consider it, and then we doubt not but it will clearly appear, that the objections is too week to stand in competition with the wisdome and care of those great ministers, who searched into it, and advised his majesty to pass it, or to hazard the ruin of so great a jewel of the crown, which is all we have to
|Remonst'nces ag'st stoppage of the charter.|
|say, but that God may for ever bless your honour with happiness here and hereafter is the prayer of||Remonst'nces ag'st stoppage of the charter.|
| Right Honourable|
Your honours most humble and
Most devoted servants.
| To the right honourable the Lord High Chancellor of England.
Francis Morryson and Thomas Ludwell, agents for his majesties colony of Virginia.
|Letters from the agents to the L'd Chancellor.|
| MOST HUMBLY
THAT your honours petitioners have with great have with great pains and charge, endeavoured above a twelve month to procure such a grant from his majesty, under his great seal, as might be equally for his majesties service, and for the future settlement of the just rights and priviledges of his subjects, the inhabitants of that colony, and that to their great greif, they yet find the said grant to be stop'd at the great seal, (though his majesty hath twice been most graciously pleased to order the passing the same, with the consent of his most honorable privy council,) for reasons we yet are ignorant of.
And therefore they do most humbly pray your honour, that they may have the objections against it in writing, (if they shall appear of weight to the most honourable privy council,) and time till the next council day to answer the same, and then they doubt not but to make it appear that it is as as well for his majesties service, as the safety of that colony, that the said grant should speedily pass.
And they as in duty bound shall forever pray, &c.
|Remonst'nces ag'st stoppage of the charter.|
| WE most humbly desire that your honour would be pleased to move his
majesty in council, that our grant (after two positive orders) may at last pass, and if there
shall be any objections made, we shall desire we may have a copy of them, and the next council
day appointed for the giving in our answer, that at the last there may be a conclusion made of
this often reported business, whose delay have been ruinous to us already here, and may we fear
be prejuditial hereafter to his majesties service, in that county.
This my lord the prayer of your lordships most humble and devoted servants.
|Memorial to the Lord Privy Seal.|
| My honoured Lord, we hope the objections (if presented) will appear
so slight and frivilous, to the right honourable board, that they will receive their answer
there, without our trouble.|
|His majesty having (amongst many other most important trusts) committed the care of his plantations to you, as one of his principal secretaries of state, and Virginia being certainly the most considerable amongst them, if it be considered for the advantages it brings to his majesty and this nation, by the customs, vending the manufacture of the nations, imployment of shiping, reimporting bullion, and other considerable effects, from the neighbouring nations, by the proceed of tobaccoes, which are carried out from hence, more then serves the nation, by imploying many thousands of poor people here, in the manufacture of that comodity, by supporting||Memorial to one of the principal sec'ries of state.|
| the government, and defending the government, at its own charge, &c. This plantation
lies, at present, under the greatest hazard of being distroyed by the invasion of the Indians,
and the mutinous discontents of the people, who having been at great charges to build forts on
some rivers, and others still to be built, and suffered great losses and great expences, in the
two Dutch wars, were yet forced to raise a further tax for means to seek releif here, from the
pressures of two grants, wherein his majesty hath, for want of due information, been pleased to
pass away all the profits and encouragements of that plantation, and near all the power of
government, to certain honorable lords and others here, to the very great disquiet of the people
there, who considering the nature of those grants thought it was not duly their duty to his
majesty, but likewise their own interest, to endeavour the taking them of, and for the prevention
of the like for the future, humbly (by us their agents) to supplicate his majesty, for a
confirmation of their properties and priviledges, and a confirmation of those gracious
encouragements, which they have enjoyed since the first seating of that plantation, which having
been accordingly twice graciously ordered, and a bill containing certain heads to pass the great
seal, being brought thither we find it stopt there, though we know not the reasons, but that we
may not be wanting to his majesties service,(which we believe this to be) not to those who
imploied us, we are bound in this paper, humbly to beseech your honour, that as you have with
very great care and industry favour'd us, on the behalf of that distressed county, (for which we
shall forever pay you our humble acknowledgements) so you will once more, to consider the heads
of our grant our reasons upon them, which we herewith present you.
1. To the first head,* where we are impowered to purchase the Lord St. Albans grant; we have often and do still offer, that if his majesty will take off that grant, we will be no longer sollicitous of being incorporated,
|Remonst'nces ag'st stoppage of the charter.|
|* The agents, in their various remonstrances, have pursued the arrangements adopted in the report of the attorney, and solicitor general; not that adopted by themselves, in opening the negotiation.|
| though that being limitted to the purchase of that grant only, we humbly conceive there
could be no inconvenience arise from it, but the contrary, having seated four counties and half,
in that neck, before that grant appear'd, the inhabitants in it were very impatient of being
reduced by it to other conditions then the rest of the country; but not daring to dispute his
majesties grant, endeavoured to purchase their quiet, if his majesty, by that head, would make
2. To the second head, where we seek an immediate dependance of the crown, we are confident there is no objecton to it, and therefore shall say no more of it.
3. To the third, for the residence of the governor; we suppose it will be thought necessary, by the experience of this present distractions; and for the power of choosing a governor, or new councellor, in case of the death or absence of any of them, it is no more then what hath ever been expressed in all the governors commissions, since the resumption of the government to the crown, and is most necessary, because the crown would otherwise be destitute of a governor, so long as from the death of him till advice could come to the king, and another be sent from his majesty, which might hazard the safety of the plantation; nor can there be any inconvenience in this, (as we humbly conceive) since the governor so chosen, is either to be confirmed by his majesties commission, or another sent by him.
4. To the fourth, of our not being taxed but by our consent in assembly; as it hath been ever the practice there, and in the other plantations, so it is a power given them by royal instructions, which, (we humbly conceive,) ought to be confirmed under the great seal; for tho' it might be taken for granted, that as they never have been, so they never should be, otherwise taxed, and that of right, they ought not to be, yet the power of the assembly being only in instructions, and we ordered to seek this further confirmation of it, and this security of the confirmation of their priviledges from his majesties grace and favour, and having obtained two orders to that purpose, and sent the orders which contains those heads into the country, we fear it will disturb them extreamly to find the grant stop'd, and they thereby left to fear what may be their future condition;
|Remonst'nces ag'st stoppage of the charter.|
| and this is of the greater consequence, since those apprehensions will principally fall
upon the better sort of people, in whom lies the only security of the country against the
present, and all such like future disorders.
5. To the fifth, we humbly answer. that nothing is or can be meant by it but the future prevention of such grants as have of late so much disturbed the people, and that his majestie may from thence be duly informed of the ill consequences of them.
6. To the sixth, for confirmation of our lands; we humbly offer, that the power of granting lands being only in the instructions, which have been from time to time sent to the respective governors, and they being alterable, we doubt not but his majesty will be graciously pleased to confirm them, as in this head laid down, because the people were ruined if they should, above 60 years possession, be now devested of their properties in their lands.
7. To the seventh, as it hath been an incouragement that hath been continued since the first planting, and to which we owe the present growth of the plantation, so we hope it will be thought necessary to continue it, and confirm it, under the great seal; for if it be not, then are these two broad seals ready to lay hold on all the lands yet ungranted, with power to sell it, and pass it, under such other rents and reservations, as the proprietors please, which would certainly stop the future growth of that plantation, by driving all persons who want land to other places, where they can have it upon easier and freer terms, which is an inconvenience we humbly hope his majesty will not suffer to fall upon a plantation, which hath by that encouragement grown up to be so beneficial.
8. To the eighth, for the settlement of the escheats; the governor having it in his last instructions to settle them at a reasonable rate, and considering that the present possessors having laid out their estates upon it, or bought it for a valuable consideration, thought fit to set the composition at 2lbs. of tobacco per acre, to secure those who had, for want of skill, laid their estates out upon a little, which by escheat would rest in the king, and they, without compounding, would be undone.
|Remonst'nces ag'st stoppage of the charter.|
| 9. To the 9th, where there is a standing power of oyer and
terminer, it is so necessary to all governments, that we shall say little to it, but the
reason why we pray it may be standing, is, because otherwise there would be a want of such power
upon the death of every governor, till the arrival of a new commission, in which interval there
may be too many dangerous crimes commited, when the people shall know there is no legal power to
10. To the tenth, of confirming the authority of the assembly; we conceive it absolutely necessary, since without it we can neither have laws, nor upon any emergence, or other ordinary necessity of the government, we should have no legal power of raising money to defray the charge of war, or other occasions and all their results being limited to his majesties confirmation, we humbly hope there will be no danger found in that concession, and that the contrary would prove ruinous to the peace and prosperity of that plantation.
Thus we have laid the state of our case before your honour, and do most humbly pray you seriously to consider how seasonable it would be for his majesty to apply this grant to the present distractions of that country, how hazardous it will be to deny them any part of what they have received in that order, since that is an open country which hath no standing force upon it, and are so apt to take fire at this necessary charge for their defence against the Indians, that his majesties service is nearly conferred in this, of which if we had not been fully convinced, in our opinions, we do protest, in the presence of God, we would never have moved in it; and do further most humbly pray your honour, to lay the present sad condition of that country before his majesty, and humbly to pray him tenderly to consider how much his own royal interest is concerned, in the present satisfying the minds of his subjects there, that if there were any thing in this grant which they should or could abuse, that thereby it would be forfeited. And now having said all we can in that case, we humbly offer it to your consideration, whether, if what we here say should not be satisfactory to his majesty for the effectual passing this grant, it would not be better for his majesty to try the minds of the people there, by a letter, which may contain what he will be pleased to
|Remonst'nces ag'st stoppage of the charter.|
|grant them, before he concludes them with a shorter grant then what he hath already
ordered, and they have received, we hope with that satisfaction, as to allay the present
discontents. And may God forever bless you, which is the right prayer of.
Your honors most humble servants.
|Remonst'nces ag'st stoppage of the charter.|
|Papers relating to Bacon's opposition, generally termed "Bacon's rebellion."||1676, Bacon's opposition.|
|[The following paper is recorded in the office of the general court, in a book labelled "Deeds and Wills" from 1670 to 1677, pa. 618. This paper bears date four days after the meeting of the assembly held under Bacon's influence, which was on the 5th of June 1676, (see ante pa. 341), and was probably intended to procure for Bacon the act of indemnity which was passed at that session, as well as the commission of general, which Sir William Berkeley reluctantly signed. See Burk's Hist. Virg. vol. 2, pa. 169.]|
|I Nath. Bacon, jr. of Henrico county, in Virginia, doe hereby most readily, freely and most humbly acknowledge that I am and have been guilty of diverse late unlawfull, mutinous and rebellious practices, contrary to my duty to his most sacred majesties governour and this country, by beating up of drums, raiseing of men in armes, marching with them into severall parts of this his most sacred majesties colony, not only without order and commission, but contrary to the express orders and comands of the Rt. Hon. Sir William Berkeley, Knt. his majesties most worthy governour, and captain general of Virginia. And I doe further acknowledge that the said honourable governour hat been very favourable to me, by his severall reiterated gracious offers of pardon, thereby to reclaime me from the persecution of those my unjust proceedings (whose noble and generous mercy and clemency I can never sufficiently acknowledge) and for the re-settlement of this whole country in peace and quiettnesse. And I doe hereby, upon my knees, most humbly begg of Almighty||Bacon's acknowledgm't.|
|God and of his majesties said governour, that upon this my most harty and unfeigned acknowledgement of my said miscarriages and unwarrantable practices, he will please to grant me his gracious pardon and indempnity, humbly, desireing also the honourable councell of state by whose goodnesse I am alsoe much obleiged, and the honourable burgesses of the present grand assembly to interceed and mediate with his honour to grant me such pardon. And I doe hereby promise, upon the word and faith of a christian and of a gentleman, that upon such pardon granted me, as I shall ever acknowledge so great a favour, soe I will alwaies bear true faith and allegiance to his most sacred majestie, and demeane myself dutifully, faithfully and peaceably to the government and the laws of this country; and am most ready and willing to enter into bond of two thousand pound stirling, and for security thereof bind my whole estate, in Virginia, to the country for my good and quiett bahaviour, for one whole yeare from this date, and doe promise and obleige my self to continue my said duty and allegiance at all times afterwards. In testimony of this my free and harty recognition, I have hereunto subscribed my name, this 9th day of June, 1676.|
|Wee of his majesties councell of state of Virginia, doe hereby desire, according to Mr. Bacon's request, the right honourable the governour to grant the said Mr. Bacon his pardon. Dated the 9th of June 1676..|
|* There were two persons of the name of Nathaniel Bacon, who have been generally confounded by our early historians. Nathaniel Bacon the elder was a member of the council, and regularly sat on the courts martial and civil courts, on the trial of the rebels, as they were then called, after the death of Nathaniel Bacon the younger, who headed the rebellion, and who was a member of the house of burgesses for Henrico county.|
|[The laws passed at the session of June 1676 under the influence of Bacon, will shew the abuses which had crept into the government. They commence on page 341 of this volume, and are most salutary in their nature. Though they were afterwards all repealed by proclamation, yet they were afterwards all repealed by proclamation, yet at the succeeding sessions, most of them were re-enacted in the very same words, as will be seen by comparing the laws to which references are made in the margin. By a proclamation of the king of the 27th of October, 1676, Sir William Berkeley was authorised to grant a free and general pardon, Bacon alone being excepted (see ante page 428). It will be seen by the acts of February 1676-7, and the subsequent proceedings of the courts martial and civil courts, that his thirst for blood and confiscation induced him to disregard the authority of the king, if indeed he were sincere in his declarations, which may well be questioned, in as much as we find that after the arrival of his commissioners severall other persons were condemned and executed, and that the commissioners themselves sat on the trial of seven of the prisoners who were condemned. For the report of these commissioners, see Burk's History Virginia, vol. 2. pa. 247, et seq. and Bland MS. pa. 320.]||Bacon's opposition.|
Att a Court Marshall held on board capt. Jno. Martins shipp in Yorke river, January 11th, 1676-7.
Present the Right Honourable Sir William Berkeley, Knt. Governour and captain general of Virginia.
|[From a book in the office of the gen'l. c't. label'd 'deeds & wills,' from 1670 to 1677, No. 2, p. 264.]|
|* This was Nathaniel Bacon the elder, who adhered to the governor; it was Nathanial Bacon the younger who headed the opposition to the government, and who was dead at this time.|
|Thomas Hall being brought before this court, and accused of treason and rebellion against his majestie; and it appearing by divers writings under his owne hand that he hath been a most notorious actor, ayder and assistor in the rebellion, to which the said Hall confesseth himself guilty. Therefore the court are unanimously of opinion and doe adjudge that the said Hall deserves death. Sentence of death therefore past upon the said Hall, to be hanged upon the gallowes (on the South shore) by the neck untill he be dead.||Thomas Hall condemned to be hanged.|
|The 12th January 1676-7.|
|Thomas Young being brought before this court, and accused of treason and rebellion against his most sacred majestie; and it appearing that he hath been a most notorious actor, aydor and assistor in the rebellion, to which the said Young confesseth himself guilty. Sentence of death therefore past upon him to be hanged by the neck upon the gallowes untill he be dead.||Thos. Young.|
|The same accusation against Henry Page, and sentance accordingly past upon the said Page.||Henry Page.|
|The same accusation against James Wilson, and sentance past accordingly upon the said Wilson.||Jas. Wilson.|
Att the house of James Bray, Esq. January 20th, 1676-7.
Present, the right honourable Sir William Berkeley, Knt. governour and capt. genl. of Virginia.
|Wm. Drummond being accused of treason and rebellion against his majestie, which appearing by divers oaths, and his own confession, sentance of death therefore past against the said Drummond to be hanged by the neck untill he be dead.||Wm. Drummond.|
|The same accusation against John Baptista, and sentence past accordingly upon the said Baptista,||John Baptista.|
Att a Court Marshall held at Green Spring the 24th day of January 1676-7.
Present, Sir William Berkeley Knt. Governor and capt. genl. of Virginia.
|James Crewes being brought before the court for treason and rebellion against his most sacred majestie, and pleading nothing in his defence, and the court being very sencible that the said Crewes was a most notorious actor, aydor and assistor in the rebellion; therefore the court are unanimously of opinion, and doe adjudge him guilty of the accusation: Sentence of death therefore past upon him to returne to the prison from whence he came, and from thence (on Friday next) to be carryed to the gallowes, there to be hanged by the neck untill he be dead.||Jas. Crewes.|
|The same accusation ( of James Crewes) against Wm. Cookson; and sentence of death accordingly past upon him.||Wm. Cookson.|
|The same accusation ( of James Crewes) against John Digby; and sentence of death accordingly past upon him.||John Digby.|
|The same accusation ( of James Crewes) against Wm. Rookings; and sentence of death accordingly past upon him.||Wm. Rookings.|
|The same accusation ( of James Crewes) against Wm. West; and sentence of death accordingly past upon him.||Wm. West.|
|The same accusation ( of James Crewes) against Jno. Turner; and sentence of death accordingly past upon him.||Jno. Turner.|
|Henry West being found guilty of treason and rebellion against his majestie; but for that he hath not been so notorious as the rest, the court have thought||Henry West banished.|
|fitt, (out of the compassion they have) and doe accordingly order, that he be banished out of the country for the space of seven years, either to England, Barbadoes, Jamaca or any of the islands, and if he returne within the said time limited, then to suffer the rigour of the law for his treason and rebellion. And the court doth adjudge his estate to be forfeited to his majestie, except five pounds, which is allowed him to pay his passage.|
His estate forfeited.
| Att a court* held at Green Spring the 1st of March
Present, Sir Wm. Berkeley, Knt. Gov'r. &c.
|Proceed'gs of the court of civil jurisdiction.|
|John Sanders being a notorious actor in the late rebellion, and by the governour's proclamation of pardon being exempted, butt upon his humble petition and submission to the governour, he was pleased to grant him the benefit of his proclamation of pardon; but for that the said Sanders hath been very active in the late rebellion, the court have thought fitt and doe order that he be fined two thousand pounds of tobacco and caske to the countrie, to go towards the satisfaction of the souldiers, to be paid next yeare.||Jno. Sanders, pardoned, but fined 2000 lbs. tobacco.|
|The 3d of March 1676-7.|
| This day John West and capt. Ch. Scarburg had granted them the
benefit of his most sacred majestie's proclamation; and did take the oath of obedience to his
||John West & Chas. Scarburgh admitt'd to the benefit of the king's proclamation.|
|* This was the first civil tribunal before which any of the adherents to Bacon were tried; and this was not held until after the arrival of the king's commissioners, Herbert Jeffries, Sir John Berry and Francis Moryson. (See Burk's Hist. Virg. Vol. 2, page 253. et seq.) Before their arrival, the prisoners were tried by a military tribunal only; but the commissioners arrested the bloody system of Sir William Berkeley.|
|Itt being most evident that captain Charles Scarburg hath uttered divers scandalous and mutinous words tending to the dishonour of the right honourable the governour; but the said captain Scarburg submitting himself, and being ready to comply with what fine the court shall adjudge against him, the court have thought fitt and doe order that the said captain Scarburg be fined or amerced fowerty pounds sterling, to be paid upon demand to the right honourable the governour which the said captain Scarburg willingly submits to.||Char's Scarburg fined 40l. to the governor.|
|Itt being evident that coll. Wm. Kendall hath uttered divers scandalous and mutinous words tending to the dishonour of the right honourable the governour; butt the said coll. Kendall submitting himselfe, and offering fifty pounds sterling as a fine for his soe great crime; and the right honourable the governour desiring the court to pass the same into order, they have therefore thought fit and doe order that he pay the said somme upon demand to the right honourable the governour, which he willingly submits to, and hath accordingly performed the same.||Col. Wm. Kendall fined 50l. to the governor.|
Att a court held at Green Spring the 8thday of March 1676-7.
| It is the judgment of this honourable court that none but such
persons who are freeholders and housekeepers are of capacity to be jury men.
||None but freeholders and housekeepers to be jurors|
|* The sitting of the commissioners at this court corresponds precisely with their account given to the king. See Bland MS. pa. 326, Burk's History Virg. vol. 2. p. 255.|
|Giles Bland convicted for divers rebellion treasons and other misdemeanors committed by him against his most sacred majestie; the grand jury brought in their verdict Billa Vera, then the jury of life and death were empanneled, who bring in their verdict guilty, according to the indictment. Sentance of death therefore past upon him according to forme. −− 15th instant.||Giles Bland condemned to death.|
|Robert Jones being convicted for divers rebellions, treasons and other misdemeanors by him committed against his majestie; the grand jury brought in their verdict Billa Vera, and the jury of life and death brought in the verdict guilty according to the indictment. Sentance of death therefore past upon him according to forme. −− 15th Instant.||Rob't. Jones.|
The 9th of March.
|Anthony Arnold being convicted of divers rebellions, treasons and misdemeanors by him committed against his majestie; the grand jury brought in their verdict Billa Vera, and the jury of life and death brought in their verdict guilty, according to the indictment. Sentance of death therefore past upon him acrrding to forme. −− 15th Instant.||Anthony Arnold.|
|Richard ffarmar being convicted for divers rebellions, treasons and other misdemeanors by him committed against his majestie; the grand jury brought in their verdict Billa Vera, and the jury of life and death brought in their verdict guilty according to the indictment. Sentance of death therefore past upon him according to forme. −− 15th Instant.||Richard Farmar.|
|Robert Stoakes being convicted for divers rebellions, treasons and other misdemeanors by him committed against his verdict Billa Vera, and the jury of life and death brought in their verdict guilty according to indictment. Sentance of death therefore past upon him according to forme. −− 15th Instant.||Robt. Stoakes.|
|The 10th March 1676-7.|
|Present, Sir Wm. Berkeley, Knt. Governour, &c.|
|John Isles being convicted for divers rebellions, treasons and other misdemeanors by him comitted against his majestie, the grand jury brought in their verdict Billa Vera, and the jury of life and death brought in their verdict guilty according to the indictment. Sentence of death therefore past upon him according to form. −− 15th Instant.||John Isles.|
|Richard Pomfrey being convicted for divers rebellions, treasons and other misdemeanors by him committed against his majestie; the grand jury brought in their verdict Billa Vera, and the jury of life and death brought in their verdict guilty according to the indictment. Sentance of death therefore past upon him according to forme.||Rc'hd. Pomfrey.|
The 15th March 1676-7.
|Present, the right hon. the Governour, &c.|
|William Hatcher being brought before the court for uttering divers mutinous words tending to the disquiett of this his majesties countrey, and it being evidently made appeare what was layd to his charge by divers oaths, and a jury being impannelled to assesse the damages, who bring in their verdict that they award the said Hatcher to pay tenn thousand pound of tobacco and caske, which verdict of the jury this honourable court dothe confirme; but in respect the said Hatcher is an aged man, the court doth order that the said Hatcher doe pay with all expedition eight thousand pounds of drest pork unto his majesties commander of his forces in Henrico county, for the supply of the||Wm. Hatcher fin'd in 8000lbs. pork for the use of the king's sold'rs.|
|souldiers, which if he fayle to doe, that he pay eight thousand pounds of tobacco and caske and caske the next cropp and pay costs.|
|Nevett Wheeler petitioning to this court to take hold of his most sacred majesties gracious proclamation of pardon and indempnity, and submitting himselfe, the court are of opinion that he have benefit of his majesties pardon allowed him.||Nevett Wheeler admitted to the benefit of the king's proclamation.|
|Whereas Sans Knowles, of Kingston parish in Gloucester county, being in rebellion against his majesty, was, in the month of October last, (then in the height of the late horrid rebellion) by virtue of a commission to major Robert Beverley, granted by the right honourable the governour, taken prisoner, and with him, divers of his goods, servants, slaves, provisions, and a shallop, seized, taken and carryed away by the said Beverley and the souldiers under his command, and presented to the right honourable the governour, then at the house of major gen. John Custis, in Northampton county, on the Easterne shore; who for the said Knowles his rebellious and treasonable practices, committed him to prison, and condemned all his said goods, servants, slaves, provisions, and boate, and ordered and disposed part of the same to be expended, sould, and layd out for provisions of his majesties souldiers, which was accordingly done, and gave the rest immediately to the said Beverley and his souldiers under his command for their incouragement and good service. And whereas the said Knowles remains a prisoner, under bayle, to this day, to answer the crimes, rebellions and treasons by him committed against his most sacred majestie, and soe excepted out of the right honourable the governour's general pardon, bearing date the 10th of ffebruary 1676-7, and grounded upon his majesties most gracious proclamation of pardon; for the crimes, treasons and rebellions by him committed, humbly offering to renounce acquitt, and discharge all right or claime of him the said Knowles, forever hereafter, to any or all the said goods, servants, slaves, boate or provisions, by the said Beverley, or any souldier with him, soe taken and carried away, acknowledging the same to be justly lost (by him) and forfeited forever; his said relinquishment of the said goods, &c. was ordered to be entered upon record;||Sds. Knowles taken prisoner together with all his goods, serv'ts,
slaves, &c; |
be committed to prison by the governour and his estate partly given to major Robert Beverley and his soldiers, & partly expended among the soldiers;
and he being willing to renounce all claim to it is pardoned.
|and the said Knowles his petition granted, and his acknowledgement and humble submission, in open court, put upon record, to the end the king's majesties most gracious pardon may be of full force and effect to him the said Knowles, and his remaining estate, he takeing the oath of obedience and giving good bond with securitie for his future good behaviour.|
|A similar order was made in the case of George Seaton, with this difference only, that four hogsheads of tobacco had been seized by order of the governour, and marked with the broad arrow, but had not been removed, he was therefore permitted by the court to use it, until it should be determined by the king and council whether it was not forfeited by the seizure.||Similar order in the case of Geo. Seaton.|
The 16th March 1676-7.
|Present, the right hon. Sir Wm. Berkeley, Knt. governor, &c.|
|John Whitson being convicted of divers rebellions, treasons and other misdemeanors, by him committed against his most sacred majestie, the grand jury brought in their verdict Billa Vera, and the jury of life and death brought in their verdict guilty according to the indictment. And sentence of death past upon him according to forme.||John Whitson condemned to death.|
|Wm Scarborough being convicted of divers rebellions, treasons and other misdemeanors, by him committed against his most sacred majestie; the grand jury brought in their verdict Billa Vera, and the jury of life and death brought in their verdict guilty according to the indictment. And the sentance of death past upon him according to forme.||Wm. Scarborough.|
|The 17th March 1676-7.|
| By the right honourable the governour and honourable council of
Whereas captain Wm. Byrd gave information to this court yesterday that Wm. Tiballs and Henry Gee did utter severall scandalous words tending very much to the prejudice of the right honourable his majesties commissioners, and the peace and quiett of this country; this court have therefore thought fitt, and accordingly have ordered that the said captain Wm. Bird, together with the above named persons, and all the evidences doe forthwith goe over to the place of abode, at Swans Point, of the right honourable commissioners, there to be by them examined and to receive such punishment for their offence as they shall think fitt.
|Wm. Tiba'ls & Henry Gee, ordered to appear before the king's commissioners at Swans Point, for scandalizing them and disturbing the peace of the country.|
|Whereas Charles Blanckevile being brought before this court for being active in the late rebellion, who petitioning for the liberty of his majesties most gracious proclamation of pardon; but, in regard the said Blanckevile hath lately been very active in stirring up the people to mutiny, by speaking divers mutinous words in the county of Elizabeth Citty, the court have therefore thought fitt, and doe order that the said Blanckevile, in time of the next county court of Elizabeth Citty, upon his knees, with a rope about his neck, ask pardon for his rebellion and treason, according to submission, and pay costs.||Chas. Blanckvile to ask pardon on his knees with a rope ab't his neck.|
The 22d March 1676-7.
Present, Sir Wm. Berkeley, Knt. Gov'r. &c.
|Whereas Wm. Tiballs and Henry Gee of Henrico county being brought before this court for uttering divers scandalous and mutinous words tending to the disquiett of the country and reflecting upon his majesties commissioners, and the court desireing the commissioners to examine the matter and make report, who gave report that the charge was sufficiently proved before||W. Tiballs & Hen. Gee fin'd in 1000lbs. pork each for sp'ng disrespectfully of the king's commission'res.|
|them, this court have therefore thought fitt, and doe accordingly order that the said Wm. Tiballs and Henry Gee, each of them pay one thousand pounds of neate porke for the sue of his majesties souldiers, and the sherriffe of Henrico county is order'd to take security from the said Tiballs and Gee for the payment of the said Porke in November next, and likewise to see if they have not given bond with security for their treason and rebellion, that good security be taken from them.|
|Jeremiah Hooke, and Jno. Wisedom, and Thomas Warr being brought before this court for their being notorious actors, aydors and assistors in the late rebellion, and petitioning rather then to come to a trial for the same that they may be banished, the court doth therefore order that they be banished for the terme of seven years, either to New England, Barbadoes, Jamaica, or any other of the islands, and not to returne within that time under the forfeiture of being prosecuted according to law, and that they depart the country within two months, and give good security for their good behaviour dureing their stay in the country.||Hook, Wisedom & Warr banished.|
|Thomas Maples and thomas Baker being brought to this court for uttering divers mutinous words tending to the disturbance of the peace of this countrey, which being sufficiently proved by good oaths, the court have thought, and accordingly ordered that the said Maples and Baker pay one thousand pound of neate porke each of them to the use of his majestie's souldiers* give bond with good security to Mr. Thomas||Thos. Maples & Thos. Baker fined in 1000lb. pork each.|
|* Several heavy fines, payable in pork, were about this time inflicted. It was found a convenient mode of providing rations for the king's troops who were sent over to quell the rebellion. In the Bland MS. pa. 320, and Burk's Hist. Virg. vol. 2, pa. 250, is inserted a paper called a "Review, Breviarie and Conclusion," signed by Herbert Jeffreys, John Berry and Francis Moryson, who were the king's commissioners, giving an account of the rise, progress and termination of Bacon's rebellion; and notwithstanding they complain of the cruelties of Sir Wm. Berkeley, yet we find that the same system of death, confiscation and banishment continued to a very great degree after their arrival. It must be recollected that those commissioners arrived, in Virginia, on the 29th of January 1676-7, (See Bland MS. pa. 324. Burk's Hist. Virg. vol. 2. pa. 353), and that previously to their arrival, several persons had been condemned and executed under sentence of courts martial, which ast on the 11th, 12th, 20th and 24th of January 1676-7. See ante pa. 545 et seq.|
|Marston for their good behaviour, and likewise for payment of the said 2000lbs. porke in November next with costs.|
|Lt. Col. Henry Gooch petitioning to this court, and upon his knees imploreing his most sacred majesties gracious pardon, and the right honourable Sir William Berkeley, Knight, his Majesties Governors pardon, for his treason and rebellion against his most sacred majestie, and desireing that he may pay six thousand pounds of neate porke for the use of his majesties souldiers, the court have thought and doe order that he have the benefitt of his majesties proclamation of pardon, and that he give bond with good security for his future good behaviour &c. and that he pay the said somme of 6000lbs of porke in November next, for the use of his majesties souldiers as aforesaid.||Col. Henry Gooch, fined in 6000lb. pork.|
|Christopher Muschamp petitioning to this court for the benefitt of his majesties most gracious proclamation of pardon for his treason and rebellion. The court have thought fitt and doe accordingly order that (for that the said Muschamp hath been very active in the late rebellion) he with a rope about his neck upon his knees at the next court held in Warwick county, begg pardon for his rebellion and treason.||Ch'st Muschamp condemned to ask pardon with a rope about his neck.|
It would be needless to enumerate all the instances in which fines, forfeitures, banishment and
ignominious punishments were inflicted on the unfortunate adherents to Bacon. They are very
numerous, and may be seen in a book preserved in the office of the general court, labeled
"Deeds and Wills" from 1670 to 1677, No. 2, pa. 264, et seq. An instance of each
kind is here given.|
It would seem that the punishment of appearing in court, with a rope about the neck, prescribed in several cases, both by act of assembly and orders of court, did not meet with the approbation of the people: for we find that that punishment was, in some instances evaded by the connivance of the courts, as in the following: See Book in Off. Genl. Ct. labelled "Deeds and wills" from 1670 to 1677, No. 2, pa. 297, 305.]
|Pages 509-531||Pages 557-583|