ion, the same
being free and without exception of any person besides the said
Nathaniel Bacon, who should submit themselves according to the tenor of
our said proclamation."[327:A]

This appears to be unjust to the governor; for the words of the king's
proclamation of October are: "And we do by these presents give and grant
full power and authority to you, our said governor, for us and in our
name to pardon, release, and forgive unto all such our subjects (other
than the said Nathaniel Bacon) as you shall think fit and convenient for
our service, all treasons, felonies," etc., evidently investing the
governor with discretionary powers. The capitulation agreed upon with
Ingram and Walklet, at West Point, appears to have been violated by
Governor Berkley and the assembly. Colonel Philip Ludwell, alleging that
he had suffered loss by Walklet's incursions, sued him in New Kent
for damages. The defendant appealing to Jeffreys, he granted him a
protection. Whereupon, Ludwell declared that "the governor, Jeffreys,
was a worse rebel than Bacon, for he had broke the laws of the country,
which Bacon never did; that he was perjured in delaying or preventing
the execution of the laws, contrary to his oath of governor; that he was
not worth a groat in England; and that if every pitiful little fellow
with a periwig that came in governor to this country had liberty to make
the laws, as this had done, his children, nor no man's else, could be
safe in the title or estate left them." Jeffreys having laid these
charges and criminations before the council, they submitted the case to
a jury who found Ludwell guilty. The matter was referred to the king in
council; and in the mean while the accused was compelled to give
security in the penalty of a thousand pounds, to abide the determination
of the case, and five hundred for his good behavior to the governor.

Westmoreland was the only county that declared that it had no grievances
to complain of, and the sincerity of this declaration may well be
doubted. Accomac claimed as a reward for her loyalty an exemption from
taxation for a period of twenty years. A letter, bearing date December
the 27th, 1677, addressed by the king to Jeffreys, informed him that
Lord Culpepper had been appointed governor, but that while he (Jeffreys)
continued to perform the duties of the office, he should be no loser,
and stating the arrangement which had been made as to the payment of
their salaries. Jeffreys dying