[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.]
Bacon's acknowledgm't.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 hath 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 quietnesse. And I doe hereby, upon my knees, most humbly begg of Almighty God and of his majesties said governour, Bacon's opposition.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 behaviour, for one whole yeare from this date, and doe promise and obleige myself 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.
Nath. Bacon.
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.
Bacon's opposition.[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 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 several 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 of Virginia, vol. 2, pa. 247, et seq. and Bland MS. pa. 320.]
Att a Court Marshall held on board capt. Jno. Martins shipp in Yorke River, January 11th, 1676-7.
[From a book in the office of the gen'l. c't. label's 'deeds & wills,' from 1670 to 1677, No. 2, p. 264.]Present, the Right honourable Sir William Berkeley, Knt. governour and captain general of Virginia.
Thomas Hall, condemned to be hanged.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 he said Hall confesseth himself guilty. Therefore the court are unanimously of opinion and doe adjudge that the said Hall deserves death. Sentance 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.
The 12th January 1676-7.
Thos. Young.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.
Henry Page.The same accusation against Henry Page, and sentance accordingly past upon the said Page.
Jas. Wilson.The same accusation against James Wilson, and sentance past accordingly upon the said 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.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.
John Baptista.The same accusation against John Baptista, and sentance past accordingly upon the said 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.
Jas. Crewes.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: Sentance 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.
Wm. CooksonThe same accusation (of James Crewes) against Wm. Cookson; and sentance of death accordingly past upon him.
John Digby.The same accusation (of James Crewes) against John Digby; and sentance of death accordingly past upon him.
Wm. Rookings.The same accusation (of James Crewes) against Wm. Rookings; and sentance of death accordingly past upon him.
Wm. WestThe same accusation (of James Crewes) against Wm. West; and sentance of death accordingly past upon him.
Jno. Turner.The same accusation (of James Crewes) against John Turner; and sentance of death accordingly past upon him.
Henry West, banished.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 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. His estate forfeited. And the court doth adjudge his estate to be forfeited to his majestie, except five pounds, which is allowed him to pay his pasage.
Proceed'gs of the court of civil jurisdiction.Att a court3 held at Green Spring the 1st of March 1676-7.
Present, Sir Wm. Berkeley, Knt. Gov'r. &c.
Jno. Sanders pardoned, but fined 2000 lbs. tobacco.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.
The 3d of March 1676-7.
John West & Chas. Scarburgh admitt'd to the benefit of the king's proclamation.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 majestie.
Governor absent.
Chas. Scarburg fined 40 l. to the governor.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.
Col. Wm. Jendal fined 50 l. 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.
Att a court held at Green Spring the 8th day of March 1676-7.
Present, Sir Wm. Berkeley, Knt. governour, &c.
None but freeholders and housekeepers to be jurors.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.
Giles Bland condemned to death.Giles Bland being 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 impanneled, who bring in their verdict guilty, according to the indictment. Sentance of death therefore past upon him according to forme.--15th instant.
Rob't. Jones.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.
The 9th of March.
Anthony Arnold.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 accrrding to forme.--15th Instant.
Richard Farmar.Richard Farmar 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.
Robt. Stoakes.Robert Stoakes 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 indictment. Sentance of death therefore past upon him according to forme.--15th Instant.
The 10th March 1676-7.
Present, Sir Wm. Berkeley, Knt. governour, &c.
John Isles.John Isles 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. Sentence of death therefore past upon him according to forme.--15th Instant.
Rc'hd. Pomfrey..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.
The 15th March 1676-7.
Present, the right hon. the governour, &c.
Wm. Hatcher fin'd in 8000 lbs. pork for the use of the king's sold'rs.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 impanelled 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 doth 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 porke unto his majesties commander of his forces in Henrico county, for the supply of the souldiers, which if he fayle to doe, that he pay eight thousand pounds of tobacco and caske the next cropp, and pay costs.
Nevett Wheeler admitted to the benefit of the king's proclamation.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.
Sds. Knowles taken prisoner together with all his goods, serv'ts, slaves, &c.;Whereas Sands 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, be committed to the prison by the governour and his estate partly given to major Robert Beverley and his soldiers, & partly exended among the soldiers;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 for 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 governour's general pardon, bearing date the 10th of February 1676-7, and and he being willing to renouce all claim to it is pardoned.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; 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.
Similar order in the case of Geo. Seaton.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.
The 16th March 1676-7.
Present, the right hon. Sir Wm. Berkeley, Knt. governor, &c.
John Whitson condemned to death.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.
Wm. Scarborough.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 sentance of death past upon him according to forme.
The 17th March 1676-7.
By the right honourable the governour and honourable council of Virginia.
Wm. Tiba'ls & Henry Gee, ordered to appear before the king's commissioners at Swan's Point, for scandalizing them and disturbing the peace of the country.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 abovenamed 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.
Chas. Blanckvile to ask pardon on his knees with a rope ab't his neck.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 the 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.
The 22d March 1676-7.
Present, Sir Wm. Berkeley, Knt. Gov'r. &c.
W. Tballs & Hen. Gee fin'd in 1000 lb. pork each for sp'ng disrespecfully of the king's commission'rs.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 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 use 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.
Hook, Wisdom & Warr, banished.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.
Tho. Maples & Thos. Baker fined in 1000 lbs. pork each.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 souldiers5 give bond with security to Mr. Thomas Marston for their good behaviour, and likewise for payment of the said 2000 lbs. porke in November next with costs.
Col. Henry Gooch, fined in 6000 lb. pork.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 6000 lbs of porke in November next, for the use of his majesties souldiers as aforesaid.
Ch'st Muschamp condemned to ask pardon with a rope about his neck.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.
[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, labelled "Deeds and Wills" from 1670 to 1677, No. 2, pa. 264, et seq. An instance of each kind is given here.
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.]
Att a general court held at Middle Plantation, September 28th, 1677.
Present, the right honourable Herbert Jeffreys, Esqr governour, &c.
Thos. Gordon & Jn. Bagwell who were adjudged to appear in Rappahannock c't with ropes ab't their necks, were permitted to sppear with small tape.Information being made to this court that Thomas Gordon and John Bagwell, two persons adjudged by act of assembly for their rebellion and treason to appeare at the county court at Rappahannock with halters about their necks, and upon their knees, to acknowledge their said treasons and rebellions against the kings majestie, did, in contempt of the said law and the kings majesties authority in this his colony, appeare in the said court with small tape (instead of halters) about their necks, which was allowed and accepted of by the magistrates then sitting, not only contrary to, but in high contempt of the good laws and his majesties authority here. It is therefore ordered by this court that major Robert Beverley, clerk of the assembly doe make present inquiry into the truth of such information, and as he shall find the same, hee is hereby ordered, commanded and impowered to summons all parties soe offending whether magistrates or others, and alsoe such evidences to prove the matter as he shall finde needfull to the next assembly, to answeare such high contempt before the right honourable the governour and councell, and house of burgesses, to them such contemers, dispisers and slighters of the laws, upon due conviction, may receive condinge punishment of their fault.
October 26th, 1677.
Wm. Potts permitted to appear in c'rt with a Manchester binding instead of a rope about his neck.Whereas William Potts, being enjoyned to performe the law for his rebellion and treason, and hee not performing the same, but instead of a halter about his neck, hee wore a Manchester binding, It is ordered that the sherriffe see the said Potts performe the law, with a halter about his neck, next county court at Rappahannock. And that Potts pay all those persons charges whoe were sumoned to appeare before the governour and councell concerning the said Potts, according to act.
[Sir William Berkeley ceased to be governour on the 27th of April 1677, at which time he was sent for by the king. He died shortly afterwards, as may be inferred from the following copy of his will. After his death a suit was instituted by the widow of William Drummond, who had been executed under a sentence of the court martial, against Lady Frances Berkeley for a trespass in taking from the land occupied by Mrs. Drummond, a quantity of corn. The petition of Mrs. Drummond, the answer of Mrs. Berkeley, and the whole of the evidence, are preserved in a book in the office of the general court, labelled "Bonds, &c." from 1677 to 1682, No. 2, pa. 80, 87 et seq. Mrs. Drummond complains of the cruelty of Sir William Berkeley, in the trial, condemnation and execution of her husband, and of the injustice of Mrs. Berkeley in depriveing her of her corn. Mrs. Berkeley on the other hand, justifies, with great zeal, the conduct of her husband, and endeavours to prove that she was entitled to the corn, in consideration of the labor she bestowed on the plantation of Drummond, (who was Sir Wm. Berkeley's tenant) and the preparations which she had made for the same crop before Mrs. Drummond's return to it, and while it lay in a most ruinous state. A verdict was however, found for Mrs. Drummond. The evidence is not confined to the mere action of trespass, but goes fully into the character of Sir Wm. Berkeley, of Drummond and his wife, during the rebellion, and discloses many curious facts in relation to those times. It is to be regretted that want of room prevents its insertion entire.]
Sir William Berkeley's Will.
In the name of the Almighty, all Merciful God, Amen.
Sir W. Berkeley's will.I Sir Wm. Berkeley, Knt. and by his sacred majesties favour, now governour of Virginia, being in perfect health of body and mind, blessed be God, doe [From a book in the office of the gen. court lab. "Bonds, Comm's," &c 1677 to 1682 No. 2, page 140.]make this my last will and testament, not knowing the hower or moment when it shall please God, in his justice or mercy, to call me out of this world. And first I desire God, who gave it, to take my soul into his mercy; and that, for the onely merrits and mercies of my blessed Saviour Christ Jesus. My body I give to the earth, from whence it came.
My goods, I thus dispose of. First, I make my deare and most virtuous wife, the Lady Frances Berkeley, my full and whole executrix of all the goods God has blessed me with in this world. Next, with my goods, I give to her all my lands, houses and tenements, whatsoever; and not onely to her, but to avoid all cavill, to her and her heires forever.6 Next, I give to my dear sister, Mrs. Jane Davies, one hundred pounds sterling, in case it appeares my Dear Wife has three thousand pounds sterling to maintaine her in the quallity of my wife.
Lastly, in contemplation of the friendship and kindnesse of Mrs. Sarah Kirkman, that I may be remembered of so virtuous a good woman, I give her tenn pounds to buy her a ring; and tenn pounds to my cozen Francilia, to buy her cloaths for wedding. And I doe further make this declaration, that if God had blest me with a far greater estate, I would have given it all to my Most Dearly beloved wife;7 for my brother, the lord Berkeley's children, have noe want of that little I can dispose of; and to the rest of my kindred (all but my dear sister Davies) I am farr from haveing any obligation to. I do therefore againe, with my hand and seale, confirme this to be my last will and testament Dated the 2d of May 1676,
William Berkeley, (Seal.)
Upon a review of this will, this 20th of March 1676-7, by Sir Wm. Berkeley, he did, being of perfect memory, publish and declare the same to be his last will and testament, in presence of us.
The 22d of November 1678, this will proved in court, and a probate granted the executrix, in the will nominated.
Recorded, per me.
Hen. Hartwell, Clk. Ct.
{1} 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.
{2} This was Nathaniel Bacon the elder, who adhered to the governor; it was Nathaniel Bacon the younger who headed the opposition to the government, and who was dead at this time.
{3} 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.
{4} 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
{5} 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 sat on the 11th, 12th, 20th and 24th of January 1676-7. See ante pa. 545 et seq.
{6} This clause was, doubtless, intended as a sarcasm on the absurd decisions of the English courts, in which it was held, that unless there were words of perpetuity added to a devise of land, the devisee would only take an estate for life, and the fee would descend on the heir at law. These decisions having become a rule of property have been long adhered to in opposition to the individual opinions of the judges as to the propriety; though they have been greatly narrowed by subsequent determinations.
{7} It appears from the dispositions of this will, that Sir William Berkeley left no children.--Lady Frances Berkeley, who seems to have been the widow of Samuel Stephens (See ante pa. 321, 322, 323) when Sir Wm. Berkeley married her, after the death of Sir William intermarried with Phillip Ludwell, but still retained her name and title of "Lady Frances Berkeley."--A deed from Ludwell and her as his wife, under the name of Dame Frances Berkeley reciting this will, is recorded in the office of the general court Deed Book No. 3, pa. 123.