Pages 517-540 
|  Pages 557-571
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| Pages 517-540
| Pages 557-571
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| HISTORICAL DOCUMENTS FROM 1682 TO 1710. 
| |
| [THE troubles produced by Bacon's rebellion, in 1676, had scarcely subsided, when new commotions arose. By an act of 1680, for cohabitation and encouragemen of trade and manufacture," the assembly endeavoured to carry into effect what had long been a favourite project with many of the colonists, that of establishing towns. To these TOWNS, upon paper, all vessels arriving in the colony were restricted, both in the delivery of their merchandize, and in the receipt of return cargoes; and the planters were compelled to carry all their tobacco and other produce, for exportation, to the same places. While strong inducements were held out to comply with the law, severe penalties were imposed for its infraction: (See the act, vol. 2, p. 471.) The want of accommodation, and proper houses for deposit, added to the difficulty of transporting produce to those places, rendered the execution of the law highly inconvenient, if not wholly impracticable. Masters of vessels, instead of being permitted to coast along our navigable rivers, as formerly, and dispose of their goods, and receive on board the produce of the country, as might be most convenient to their customers, were confined to certain ports, where there was neither shelter for themselves, nor their merchandize. Some absolutely refused to comply with the act, and traded as usual, others abandoned the voyage. Such was the effect, upon the revenue in England, that the law was suspended, by the king in council, in 1681: (See vol. 2, p. 508.) But violations of the law, in Virginia, had led to prosecutions for the penalties. These were chiefly carried on by interested persons. The low price of tobacco, consequent on this stagnation of trade, the privations of the colonists, and the vexatious prosecutions commenced under the act for establishing towns, excited a general spirit of disaffection. To enhance the price of tobacco, a suspension of its cultivation, the called a cessation, was |
| deemed the best expedient. Petitions to the governor, from several counties, to call an assembly, for that purpose, were circulated, and obtained many signatures. An assembly was summoned by the governor, without advice of council, to meet in April 1682. It met accordingly, and after some time spent in fruitless debates, it was dissolved, and another resumoned. Disappointed in their hopes of relief from the assembly, a number of the inhabitants of Gloucester, New-Kent, and Middlesex, which were the petitioning counties, for the call of an assembly, riotously proceeded to cutting up all tobacco plants; to prevent which, several proclamations were issued by the deputy governor. But the principal actors being obscure persons, no prosecutions were instituted, hoping that time would discover the authors and abettors of these outrages: (See the report of the council on the state of the country, vol. 2, p. 561.) This plant-cutting, gave rise to the act of April 1684, by wihch such offences are declared high treason: (See ante p. 10.) | |
| We have already seen that the immediate actors in the plant-cutting scene escaped prosecution. The vengeance of the government was reserved from some distinguished individual. This was Major Robert Beverley, clerk of the house of burgesses. he had incurred the displeasure of the governor and council, by refusing to deliver to them copies of the journal, without the permission of the house: ( See Burk's Hist. Vir. vol. 2, p. 240.) Notwithstanding the important services rendered by Major Beverley, in suppressing Bacon's rebellion, and which had secured him the confidence and friendship of Sir William Berkeley, the then governor,* yet this conscientous discharge of his duty was construed into a contempt, and drew down upon him the resentment of those in power, who did not fail to add to the catalogue of his offences, every accusation, which the malignity of his enemies could invent. | |
| In the first edition of this work, the editor collected and published, in chronological order, every paper which | |
| * Mr. Burk, in his History of Virginia, vol. 2, p. 240, speaking of the persecutions of Major Berkeley, says "This man, possibly the same, who acted during the late rebellion, with so much activity and success in the restoration of Sir William Berkeley," &c. The papers now published, at the end of this volume, prove most conclusively that he was the identical person. |
| he could find, either in MS. or in the public offices, in relation to the case of Robert Beverley. Since that period, he has received from Robert Beverley, esqr. of Blandfield, in Essex county, the remnant of a very ancient manuscript, which seems to have been written by Major Robert Beverley himself, or compiled under his immediate inspection, as it contains as far as the MS. had been preserved, an account of the charges and proccedings against him, with his explanations of defence, opposite each distinct head, in his own words. Unfortunately, the MS., as far as page 13, has been torn off; but sufficient remains to show its correctness, on comparing the part preserved with other papers, collected from the public offices. This MS. is indorsed "Major Robert Beverley's Testimonies of his Services in the Rebellion, 1676." Beside these testimonies, consisting of letters from Sir William Berkeley, and other documents, which are preserved entire, it contains, as already noticed, the proceedings against Major Beverley, with his remarks. In the present edition, both the matter comprised in the first edition and in the MS. will be published.] | |
| Extracts from the Records of the General Court, &c. | |
| May the 9th, 1682. −− It is the opinion of the board, that Robert Beverley hath been eminently instrumental, in the late commotions, by stirring up informations upon the act of cohabitation, also by setting on foot petitions for an assembly, and from thence giving assurances of a cessation, by which and other practices the inhabitants have been provoked to the present disorder; therefore, he is ordered to be committed a prisoner, by the Sheriff of Middlesex, under safe custody, on board the Duke of York, there to remain, till further order. −− [Bland MS. pa. 493.] | Robert Beverley committed a prisoner on board the Duke of York. |
| By his Maj'ties Dep'y Gov'r, &c. | |
| GLOCESTER SCT. You are hereby in his Maj'ties name willed, required and commanded to receive and safely deteine on board your ship Duke of York, the person of Majr. Robert Beverley, committed prisoner on board yo'r ship, by Col. Cuthbert Potter, by warrant from Majr. Genl. Robert Smith, the said Majr. Robert Beverley, according to the said commitment, you are to deteine and |
Warrant for Beverley's imprisonment. |
| safely to secure, until my further order, and for the better performance hereof, and
security of the person of Majr. Robert Beverley, most notoriously instrumental in our present
distractions, if you have occasion for a guard, upon yo'r application therein to Majr. Genl.
Robert Smith, a guard will be ordered; herein you are not to fail, and for your so doeing this
shall be yo'r warrant. Given under my hand, May y'e 12th, 1682. | ||
| HEN: CHICHELEY. | ||
| ||
| [From a book in the office of the General Court, labelled "Depositions, &c." No. 25, pa. 106.] | ||
| These are to will and require you in his Maj'ties name to receive
into your custody the body of Majr. Bobert Beverley, and him to deteine in safe custody until the
Govern'rs pleasure be further known −− hereof you are not to faile, as you will
answer the contrary, it being by the govern'rs command. Given under my hand, this 11th day of May, 1682. |
Smith's order to Purvis to receive him. | |
| ROBERT SMITH. | ||
| ||
| May y'e 13th, 1682. | ||
| Capt. John Purvis, I am by command from the govern'r to require you not to permit Majr. Robert Beverley to have any communication with any person, but in your heareing (or some other trusty person whom you shall appoint) nor suffer him either to send or receive any letters but such as I shall first peruse, and for so doing, this shall be yo'r sufficient warrant. Given under my hand, this 13th of May 1682. |
Smith's letter to Purvis. | |
| ROBERT SMITH. | ||
| To Capt. John Purvis. I would desire you to shew this order to Majr. Beverley that he may prevent my looking into any of his letters, which I desire not to doe. |
| May 13th, 1682. | ||
| Capt. John Purvis, I have been by you deteined prisoner on board yo'r ship Duke of York, in Rappa. river, from Thirsday night the eleventh day of this instant, May 1682, to this time, being Saturday evening the thirteenth of the said month. I should be wanting to my selfe if I did not demand of you whether you hold me on board your ship, still prisoner, or not, and why you doe it, for I know noe crime I have committed worthy confinement, nor is any to my knowledge laid to my charge, and as I am a free borne subject of England, I ought not to be committed prisoner without deserved crime. Pray lett me have your answere and resolutions in writing, that I may know how to demean, for as I resolve to submitt to due authority, I am also unwilling to suffer wrong. |
Beverley's letter to Purvis. | |
| ROBERT BEVERLEY. | ||
| ||
| May 26th, 1682. −− Ralph Wormley, esq. Matthew Kemp, and Christopher Wormley ordered to seize the Assembly papers, in the possession of Robert Beverley, and to break open doors, if they are refused. −− [Bland MS. p. 494.] | Certain persons ordered to seize the assembly's papers in Beverley's possession. | |
| Robert Beverley ordered to be delivered, by capt. Purvis, upon Purvis's petition, commander of the Duke of York, to capt. Jeffries, commander of the Concord, and a guard appointed to keep him till further order. −−[Ibid.] | Beverley transferred from the Duke of York to the Concord, | |
| I doe acknowledge that Major Robert Beverley was brought on board my ship Concord by capt. John Purvis, and by an order from the Governor and Councell, without soldiers on the 31st day of May 1682, as witness my hand. | Jeffrey's receipt for Beverley. | |
| WILLIAM JEFFREYS. | ||
| [From a book in the office of the General Court, labelled "Depositions, &c. No. 25, pa. 107.] |
| June 15th, 1682. −− Robert Beverley ordered to be sent prisoner to the Eastern Shoar, and to be conveyed by a guard and the Sheriff of York, on board Col. Custis's sloop, and delivered to the Sheriff of Northampton, and the sheriff of York to return with the guard, and press any sloop. −− [Bland MS. pa. 494.] | Is ordered to be sent to the Eastern Shore. |
| June the 19th, 1682. −− Robert Beverley having escaped out of the custody of the Sheriff of York, from on board Col. Custis's sloop, where he was kept in order to be sent over to Northampton, and being again taken at his house in Middlesex, he is ordered to be safely conveyed to James City, and to be brought before the Governor and Council, to receive such further order, as shall be found expedient. | Escapes, and is retaken, and ordered before governor and council. |
| June 25th. −− He is again ordered on board Col. Custis's sloop, and to be transported to Northampton, and the master ordered to receive him. −− [Bland MS. pa. 494.] | Again ordered to Northampton. |
| September 25th, 1682. −− Robert Beverley petitions for a habeas corpus, to be directed to the Sheriff of Northampton, which was denied, the whole proceeding being transmitted to his majesty, and his pleasure not yet known. −− [Bland MS. pa. 495.] | Petitions for a habeas corpus, which is denied. |
| November the 11th, 1682. −− Maj. Robert Beverley, being under vehement suspicion of being instrumental in stirring up the late outrages of plant-cutting, and having been committed to the Sheriff of Northampton, till the king's pleasure known, and the board having represented to the matter to the king, and the arrival of the lord Culpeper being daily expected, with the signification of the king's pleasure, therefore to procede upon the charge against him would speak want of duty to his majesty, and respect to his excellency. And the board being informed that the said Beverley was at that juncture, at large, which might prove inconvenient, they order him to be taken in custody of the Sheriff of James City, who was ordered to transport him back to the Sheriff of Northampton, by him to he kept until he shall be remanded thence by order of the board. −− [Ibid.] | Decision on Robert Beverley's case, suspended till the king's
pleasure known. Beverley, being at large, is ordered to be committed to the Sheriff of James City, and transported to Northampton. |
| November 16th, 1682. −− Robert Beverley, being
detained on this side the bay, by contrary winds, is ordered to be committed to the sheriff of
York, by him to be kept in such place as he should think fit, till he should be remanded. The following is the order refusing the writ of habeas corpus: |
Being detained by contrary winds, is ordered to be committed to the Sheriff of York. |
| Whereas Maj. Robert Beverley, by his attorney Mr. William Fitzhugh, moved that a writ of habeas corpus might be granted him, directed to the Sherriffe of York County, for the removal of his body to James City, to the end he might have a legal tryal, and acquitted, bailed, or remanded to confinement, as in law his cause should merrit, which being granted, the aforesaid Sherriffe, according to the warrant directed to him, brought the body of the above named Robert Beverley into Court, where it was ordered, y't in regard that the said Beverley's offences and misdemeanors were of soe high a nature, y't the same were transmitted to his Majesty for England, whose Royal will and pleasure not being y't signified, but daily expected. It's therefore ordered that the aforesaid Sherriffe of York County take into his custody the body of the aforesaid Majr. Robert Beverley, and to-morrow morning convey him into York county in the custody of which Sherriffe he is to remaine untill he give good and sufficient security to the value of two thousand pounds sterling for his good behaviour, with condition not to stir out of the bounds of Middlesex county (where he is forthwith to repair) and Gloucester county untill the second day of the next general court, or sooner, as this court shall think fit to order, att which time he is to make his appearance, and y't in the mean time he be suspended from all offices both civil and military, as well as that of a surveyor as the practice of an attorney. | |
| [Extract from the orders of the General Court of November 28th, 1682, Order Book, No. 5, pa. 55.] | |
| January 10th, 1682-3. −− Consideration was had about Robert Beverley, and found it could be proved against him. | New charges against Robert Beverley |
| That he had broken up public letters directed to the secretary's
office, with writs inclosed for the calling the Assembly in April 1682, and took upon him the
exercise of that part of the government which belongs to the secretary, but contrary to his;
−− Sir H. Chicheley affirming that the same was done without his privity, order or
consent. That he had made up the Journal, and inserted his majesty's letter therein, being first communicated to the house of burgesses at their prorogation, after their said prorogation. That he refused to deliver copies of the journal of the house of burgesses, 1682, to the lieut. governor and council; saying he might not do it, without leave of his masters. −− [Bland MS. pa. 496-497.] | ||
| May 9th 1684. −− Robert Beverley being found guilty of high misdemeanors, upon an information of the attorney general, his judgment being respited, and now asking pardon, on his bended knees, his crime is remitted, giving security for his good behaviour. −− [Bland MS. pa. 501.] | His conviction, concessions, and pardon. | |
| The following is a literal transcript of Robert Beverley's petition, as recorded in a book in the office of the General Court, labelled "Deeds, &c." No. 3, pa. 130. | ||
| ||
| ROBERT BEVERLEY most humbly presenting sheweth, | ||
| That the true sence of his misfortunate offenses hath brought him to that degree of compunction, that hee is under an unexpressible sorrow for the same, which is much augmented by the consideration that hee should soe inconsiderately forfeited that esteem from the government that he had with the often hazard of his life endeavoured to purchase, and which had been gratiously laid upon him beyond his deserts, the weight of which consideration is enough to smite him into an |
| abysse of despair; but that the hope hee hath, that hee shall not miss that mercy which
is most obviously inherent and an inseparable concomitant in your lordshipps noble breast and
those of the honourable his majesties councell of state, here not only buoys him up and withholds
him from perishing in that gulph, but also gives him confidence most humbly to address himselfe
to your excellency and the honorable court to looke upon him with an indulgent eye, lying at the
foote of your justice and most humbly imploring your mercy; this my lord is the only way he hath
to approach your lordship by the free confession of his offences and true repentance his heart is
filled with, not without almost an assured hope that it will meete with a benigne reception in
your lordship's merciful heart, because the King of kings and Lord of lords is well pleased that
the prayers, teares and true repentance of every sinner should reach his blessed throne, even to
the expiation of their sins and re-establishment in grace. Your lordship, hath been gratiously pleased to assign councell for this your sorrowful petitioner to make his defence in law; but he is resolved not to make use of any meanes either to vindicate himself or to extenuate his crimes, but most humbly to throw himselfe upon the mercy of your lordship and the court, which if your lordship shall be pleased to extend towards him all the days of his life shall be spent in the study to expiate his guilt and truly and faithfully to serve his most gratious soveraigne in a ready and most willing obedience to your lordships and the councells commands with the last drop of his blood and shall most heartily pray for a long and happy raigne to his most excellent majestie and health honor and prosperity for your lordshipp and the councell. | ||
| ROBERT BEVERLEY. | ||
| May 3d. 1684. | ||
|
| April 1687. −− Robert Beverley, being lately dead, his widow is ordered to deliver the assembly papers, and records, to Ralph Wormley and Christopher Wormley. −− [Bland MS. pa. 506.] | Death of Beverley. |
|
The case of Robert Beverley furnished a pretext to king James II, to deprive the house
of burgesses of the privilege of appointing their own clerk. Accordingly by a letter addressed
to lord Howard, then governor, dated the 1st of August, 1686, reciting the disturbances in
Virginia, and the rebellious spirit of the house of burgesses, in doubting the king's
prerogative, in the negative power vested in the governor, he expressly order him "on the
convening of assemblies, to appoint a fit person to execute the office of clerk of the house of
burgesses, and not to permit any other person whatsoever to execute that office, and requires
the assembly to make them the usual allowance," −− [Bland MS. pa. 483, 484.]
|
Clerk of the house of burgesses to be appointed by the governor. |
| April 25th, 1688. −− Francis Page appointed [by
the governor] clerk of the house of burgesses. −− [Bland MS. pa.
507.] April 15th, 1691. −− Peter Beverley appointed [in like manner] clerk of the house of burgesses. −− [Bland MS. pa. 512.] |
Francis Page appointed clk. of the house of burgesses. |
| May 23d, 1683. −− Lord Culpeper communicated to the board, an instruction from his majesty, which directed and appointed that no appeal should be permitted from any order of the governor and council to the assembly as formerly and usually; nor to his majesty in council [a rule formerly to be observed] under the value of one hundred pounds sterling. the council thereupon unanimously return his majesty most humble thanks for his care therein, and withall most humbly propose, having duly considered what great inconveniencies appeals have and may produce, by constraining several honest and indigent persons to be deprived of their just rights and dues, until the appeal be determined, which in all probability cannot be expected, in less time, than an year, that his majesty would be pleased | Appeals to the Assembly abolished, by instructions from king Jas.
II. Appeals to the king, in council, limited. |
| to order, that no appeal be suffered or allowed from an order of the governor and council, under the value of 200l. sterling; and that immediately execution may issue on the aforesaid order of the governor and council, if desired, before his majesty's determination; and that the appellant give bond with good security, for payment of the judgment, with double damages, if his majesty should confirm the judgment. And it is further proposed, that his majesty should order proclamation to issue, signifying his will and pleasure, that all appeals from the General Court, depending before the Assembly, should be heard before the Governor and Council. −− [Bland MS. pa. 199, 500.] | |
| [For the following papers, in relation to the persecutions of Majr. Robert Beverley, the editor is indebted to Robert Beverley, Esqr. of Blandfield, in Essex, who politely favoured him with the fragment of a very ancient MS. from which they are printed.] | |
| Major Robert Beverley's Testimonies of his Services in the Rebellion, 1676. | |
| he can pass from James Citty to the place of confinement, appointed by the said order, and to be remanded back in due time, in order to his tryall this ensueing Generall Court, and, missing that, the next succeeding General Court, by appointment of Law, not being to be held, vntill the fifteenth day of Aprill next, and that such confinement soe remote from his dwelling, and the whole and only passage, through rugged and dangerous seas, dureing the whole winter season, will not only be ruinous to his family and creditts, and other estate, but will in all likelyhood, not only returne and bring upon him his late long and dangerous distemper, soe much reigning in y'e county, with which from the last day of July last past, to the twenty-ninth day of the passed October, he hath been constantly afflicted, and is as yet but weakly recouered, but probably, indanger the loss of his life; That, therefore, your honours will please to accept and take such sufficient bayle, as the Law requires for his forth coming and appearance, whensoeuer he shall be called to tryall; which, (if will be accepted,) he hat ready now in towne to giue; or, if your honours refuse him that, (as humbly hopes you will not, for that the Laws allow it,) That then he may be confined in y'e countie | Note, if this petition had been readily granted, then Beuerley had been continued clerk of the assembly, and not impouerished, as, by putting him by that imployment, |
| where he liues, at his owne house, or that being denied, as neer to the
same as your, honours shall thinke fitt. And as in duety bound he shall euer pray. |
was effected, not only by the loss of the place, but by keeping from him 14,000lb. of tobaccoes, his |
| just due, and soe voted by the burgesses, but stoped from him by the councell. | |
| Att a Councell held at James Citty, Nov. 18th, 1682. | No. Z. |
| Whereas, Major Robert Beuerley was
by order of this board, comitted prisoner to the sherrife of James Citty county, in order to be
transported in either sloop or shallop, to the Eastern shore, and there to be continued 'till
order from this board. And whereas, the Right Honorable the Lieutenant-Governor and Councell, are
informed, that the aforesaid Major Robert Beuerley, is yett on this side the bay, being hitherto
obstructed by the winds; And seeing, that the Generall Court is now neer at hand, this board
haue, therefore, thought fitt, and doe hereby accordingly order, that Mr. Richard Moore, under
sherrife of York countie, doe take the person of Major Robert Beuerley in his custodie, out of
the charge of y'e sherrife of James Citty, where he is now continued, and is hereby ordered to
deliuer him, the said Major Robert Beuerley, to the aforesaid Mr. Richard Moore, who is hereby
required to continue him in such place, as he shall think most fitt and convenient, while he
shall be remanded from him by order of this board. Copia vera. Test. ED. CHILTON, Cl. Coun. |
Note, the Assembly had now chosen and sworn a new clerk, and
Beuerley quite displaced there. Note, alsoe, the committee of the councell, appointed to inspect the matters about plant-cutting, viz. Col. Bacon, Col. Ludwell, Col. Cole, and Col. Page, are now tampering with one Sackler, to haue euidence against Beuerley, and Sackler to saue himselfe, |
| cunningly insinuates into favour, by perswadeing them into a beliefe he can euidence great matters against Beuerley, which makes them keep him neer, to be ready for triall as they see occation. | |
| Att a Generall Court, held at James Citty, November the 19th, 1682. | No. A A. |
| Whereas, Major Robert Beuerley, by his attorney Mr. William Ffitzhugh, moued that a Writt of Habeas Corpus might be granted him, directed to the sherrife of York county for y'e remouvall of his body to James Citty, to the end he might haue a legall tryall, and acquitted, bayled, or remanded to confinement, as in law his cause should merritt; which being granted, the aforesaid sherrife, according to the Writt directed to him, brought the body of y'e aboue named Robert Beuerley | Note, that Beuerley though brought into court by the sherrife, was immediately returned into his custodie, without one word said to Beuerley, or his being any |
| into Court, where it was ordered, That in regard the said Major Robert
Beuerley's offences and misdemeanors, were of soe high a nature, that the same were transmitted,
to his Majesty for England, whose Royall will and pleasure not being yett signified but daily
expected. I'ts therefore ordered, that the said sherrife of York countie, take into his custodie,
the bodie of the aforesaid Major Robert Beuerley, and to-morrow morning convey him into York
countie, in the custodie of which sherrife, he is to remain vntill he give good and sufficient
security, to the value of two thousand pounds sterl., for his future good behauiour, with bond
payable to his Majesty, with condition not to stirre out of the bounds of Middlesex countie,
where he is forthwith to repaire, and Glos'tr countie, vntill the second day of the Gen'rall
Court, or sooner as this Court shall think fitt to order, at which time he is to make his
appearance. And that in the meantime he be suspended from all offices, both millitary and ciuill,
as well that of a surveyor, as the practice of an attorney. Test. ED. CHILTON, Cl. Consl. |
waies charged, and this order made, in his absence, and without
his knowledge or answer to any thing objected against him. Note, they haue now found Sacklers cuning, and that he indeed knowes nothing against Beuerley, nor will not be brought to swear against him. Note, Beuerley is still denied tryall; is confined for five moneths longer, and bound in 2,000l. & |
| bond, with able securities for y'e behauiour, and to keep him poor, put by geting his vsual liuelihood, by which he most subsisted, and bound in bond, to desist from geting his lawfull liuelihood, though nothing of crime can be laid to his charge. | |
| Know all men by these presents, that Wee, Robert Beuerley, Abraham
Weeks, Christopher Robinson of Middlesex countie, gentl'm., Henry Whiteing and John Buckner of
Gloster countie, gentl'm., are hereby firmly bound and obliged, to our Soueraigne Lord the King,
and his heires and successors, in the penall sume of two thousand pounds sterling. To the true
and just payment whereof upon demand, wee binde ourselues, our heires, executors and
administrators, joyntly and seuerally firmly by these presents, to our said Soueraigne Lord the
King, his heires and successors. As witness our hands and seales, this second day of December,
1682. The condition of this obligacion is such, that if the aboue bounden Robert Beuerley, shall well and truely futurely demean himselfe, towards his Majesty and all his leig people, presume not to exercise any office, either ciuill or military, nor the profession of an attorney, forthwith repaire into the countie of Middlesex, depart not out of the bounds of the said Middlesex and |
No. B B. Copie of y'e bond. |
| Glocester counties, without liberty of the right honourable the Gouernor and Councell, and appeare on the second day of the next Generall Court, or sooner, as the Governor and Councell shall think fitt, then to answer to all such things as shall be objected against him in the behalfe of his Majestie. That then this obligation to be void, and of none effict, or elce to stand and be in full force and vertue. | ||||||||||
| ||||||||||
| ||||||||||
| ROBERT BEUERLEY, humbly sheweth, | No. C C. | |||||||||
| That yesterday afternoone being the 29th of this instant, November, yo'r petitioner, being brought before your Honours sitting in Court, by the sherrife of York countie, by vertue of a writt of habeas corpus, bearing date the 25th day of the said November, in order for tryall, yo'r honours were pleased not to enter vpon such tryall, but to direct, that in regard the offences and misdemeanors (of which your petitioner stands only suspected) were of so high a nature, that the same were transmitted to his Majesty for England, whose Royall will and pleasure not yett being signified but dayly expected in: that the sherrife of York countie, take into his custody the body of yo'r petitioner, and forthwith to convey him into York countie, there to remaine vntill he giue good and sufficient securitie, to the value of two thousand pounds sterling, for his future good behauiour, with bond payable to his Majesty, with condition not to stirre out of the bounds of Middlesex countie, vntill the second day of the next Generall Court or sooner as yo'r Honours should direct, and then to make his appearance, and that in the meantime, he be suspended from all offices both military and ciuill. In obedience to which order, your petitioner hath endeavoured to gett such securitie here in town, as is thereby required, but findes the same verry difficult to be obtained, on other tearms | Beuerley's petition for inlargement from confinement, preferred to the gouernor and councell, the 30th day of November, 1682, and rejected. |
| than for yo'r petitioners ready appearance before your hono'rs, at any time prefix't as your hono'rs shall direct, and in the meantime well to behaue and demean himselfe, and stand suspended, from all offices as the said order directs. Which securitie your petitioner is now ready to produce for your honours acceptance. | |||
| And humbly prayes, your honours will order they may be
taken now in town, by entering into recognizance as the law directs, and that your petitioner be
therevpon at large, soe as he may prosecute his needfull occations, in order to his liuelyhood,
and more especially in Gloster and other adjacent counties, where great part of it is well known
to lye. For your petitioner most humbly hopes, that his securitie and confinement, (as now
orderred) is design'd by your honours, for the securitie and quiett of this gouernment, which,
such securitie will binde him to endeavour, and not to doe any perticuler prejudice to your
petitioner in his estate and liuelyhood. And as in duety bound he shall euer pray. |
Note, that this petition is rejected, and Beuerley must either enter into the before written bond, of two thousand pounds sterling, to stand confined to two counties, (when 'tis well known he had considerable buisiness in most parts of the countrie; and that he | ||
| will desist from pursueing the best part of his liuelihood, which noe waies secures his Majesties peace) or he must lie confined in close prisson, as he had soe long time before done. | |||
| No. D D. | ||
| ROBERT BEUERLEY, Most humbly sheweth, That your petitioner, hath been vnder strict confinement vpwards of seaven months, and at present is bound to his good behauiour, and limitted to certain bounds with good and sufficient securitie, vnder the high penaltie of two thousand pounds sterling, which your petitioner (being well assured of his owne inocency) thinks very hard, and therefore now humbly implores' your Excellencie will please to call your petitioner to spedy tryall, , at which he doubts not to manifest his inocence; or if your lordships more weighty occations, will not suddenly admitt of such tryall, then your petitioner humbly prayes, your Excellencie will please to take of his confinement in the two counties of Gloster and Middlesex, and grant him the libertie of this whole countrey, |
Beuerley's petition to his excellencie the lord Culpeper,
rejected; presented in December, 1682; soon after his excellencies arriuall in Virginia, by the
hand of Mr. Ed. Chilton; for that Beuerly could not obtain the fauor of presenting a petition by
his owne hand. Soe heinous is he rendered, although | ||
| whereby he will be enabled to prosecute the needfull affairs of his liuelihood. And as in duety bound he shall euer pray. |
inocent of crime, and soe often and soe long denied tryall. |
| In obedience to the order of the Generall Court, made the 29th of November, 1682, and numbered A A.) Beuerley keeps within y'e bounds of confinement, and vpon the second day of the next Generall Court, being the 17th day of Aprill, 1683, appeares at the barre before his Excellencie and the Councell, when he is only told, and order is made, that he must attend the Munday following, being the 23d day of y'e said moneth. On the Satterday before the Munday appointed, (in Beuerley's absence,) his day is prolonged to the Wedensday following, being the 25th day of Aprill, and the eighth day of the Generall Court, when vpon his appearance, nothing is laid to his charge, he is told he shall haue the old bond vp, as being an hard and seuere bond, and must enter into another bond, with securities of two thousand pounds sterling for y'e behauiour, and for his appearance when thereto required. See the seuerall orders and bonds hereafter recited. | No. E E. Beuerley's appearance in Aprill court, and nothing then laid to his charge. |
| Att a Generall Court held at James Citty, Aprill the 17th, 1683. | |
| Present his Excellencie and y'e Councell. Major Robert Beuerley, according to the tenor of his bond, this day made his appearance in open Court, which bond being read, it was ordered that he should attend on Munday next, in order for further proceeding therein. Copia vera. test. ED. CHILTON, Cl. Consl. |
No. F F. Note, Beuerley makes humble promiss of attendance. |
| Att a Generall Court held at James Citty, Aprill the 21st, 1683. | |
| Present his Excellencie and the Councell. The appearance of Major Robert Beuerley, is referred 'till Wedensday next. |
Note, this order is made in Beuerley's |
| absence, probably in hopes by delaying time to finde something of euidence against him. | |
| Pages 517-540
| Pages 557-571
|