|Pages 541-556||Pages 573-582|
|Att a Generall Court held at James Citty, Aprill the 25th, 1682.||No. G G.|
|Note, that Beuerley findeing by his excellencies words, that the court intended not to bring him to tryall, moued to be heard speak for himselfe, and takeing a paper in his hand, in which he had written down, (to help his memory in,) what he purposed to insist upon, was in friendlywise admonished by his excellency to accept the tearms offered him, to enter into a more easy bond, on which, he forbore to speak, and submitted to what the court offered; on which submission, this record was made.|
|Quere, What crime doth Beuerley yet stand charged with, and why if ill behaued, not admitted triall, except because nothing can be made out against him.|
|MY LORD,||No. H H.|
| It pleased yo'r excellencie on Tuesday last was Senitt, being the
second day of this court, to command my appearance here at this barre, and then to call for and
comand the reading my bond, bearing date the second day of December, 1682; wherein I stood bound
with fowre sufficient securities to his Majestie, in the penall sum of two thousand pounds
sterling, for the performance of seuerall conditions, therevnto anexed.
Your Excellencie was pleased then to say, that the condition thereof, consisted of diuers parts, the last of which was, that I should make my personall appearance that day in this place, (and the words of the condition are, then to answer to all such things as shall be objected against me on behalfe of his Majesty.) And your excellencie, was pleased to accept, that my appearance,
|What Beuerley intended to have said for himselfe in open court, but was prevented.|
|for compliance in that part of y'e condition, but withall to direct and comand my further appearance at this barre, on the Munday following, rendering for reason, that for as much as the condition of the said bond, consisted of diuers parts, and that it was not known, whether they were all complied with, that, therefore, necessary time must be taken to enquire thereof, and then told me that both myselfe and securities stood, thereof, and then told me that both myselfe and securities stood, therefore, obliged by the said bond, for such appearance on the said Munday.|
|Your Lordshipp was then alsoe pleased to signifie, in some part his Majesties resentments in Councell, of informations there exhibited, relating to plant cutting, and of his Majesties order therevpon made in Councell, on which your Excellencie was pleased to hint, that proclamacions would shortly be sent to all parts of this, his Majesties countrey, as I should finde. that part of the order of his Majestie in Councell, (for soe in all humillity I apprehend it to be,) which perticulerly relates to me, your Excellencie was pleased to read in Court, and therevpon to prohibite, and comand, that for the time to come, I should not presume to exercise any office of trust vnder his Majestie, in this his countrye, (with perticuler intimation,) noe not that of a notary publique.|
|My Lord, I receiued the comand with great humillity and cheerfull resolution, to continue in all dutifull obedience thereto, and at that time, (because your lordship had already appointed the Munday following for further examinacion of my compliance with the other parts of the condition of my bond,) I said nothing, to trouble your Excellencie, or spend the Courts time, but humbly submitted, and promised obedience to your Lordships comands. And now I most humbly begg your Excellencie will permitt, my speaking for myselfe, soe farre as I shall keep within the bounds of duety and good maners.|
|My lord, I belieue it lyes heavy on euery loyall minde, to apprehend himselfe vnder his Majesties disfavour, I am sure 'tis to me soe great a burthen as would sinke me to the ground, had I not the prop of an inocent conscience.|
|How my heart hath been filled from my youth vp, with loyalty to my king and duety to his ministers, and|
|still continues soe to be, the All-knowing God I call to witness, and appeale to.|
|My abode in this countrey, hath now been twenty years, in all which I haue not 'till of late, (and that I begg leave to say by mistake,) been accused of the least unduetifulness or misdemeanor, to authority or my neighbour.|
|From the yeare 1668, to the yeare 1676, I served his Majesty in military and ciuill offices of trust, with fidellity and approbation.|
| That yeare, (when was more than ordinary tryalls of Loyalty,) how I
behaued myselfe, in hazardous service, and with what success, I appeale to the knowledg and
relation of his Majesties Councell, here sitting, the magistrates, millitary officers, and euery
loyall subject in this his Majesties country.
What I haue since done or said, or of what I stand accused to his majesty, that hath occasioned, the first and later comands of your Excellencie for incapacitateing me from further services in offices of trust, I am altogether vnknowing of. What informations or euidence hath been taken against me here, before my confinement or since, that hath occationed its soe long continuance, (if any such there be) 'tis not only taken in my absence, but wholly kept from my knowledg, against which I canot, therefore, possibly make any defence, and must consequently lye continued vnder vnavoidable censure.
|This will be generally testified by great and small, and is soe palpable that the worst and most of all malitious enemies, dare not offer one word in derogation.|
|God knows my inocence; my inocencie giues my minde quiett, and if I may be favoured with your excellencies comands and order, that I may, (at my owne charge,) haue copies from Mr. Secretaries office, authentiquely attested, of such informations or euidence, as hath been giuen and lyes there against me; which I now most humbly sue to your excellencie for; I humbly hope, soe to acquitt myselfe, as that it will appear to his most Sacred Majesty, to his Ministers and Councell of State in England, to your Excellency and the Councell here, and to all other his Majesties good and loyal subjects, that I haue not been disloyall, tumultuous, or disobedient. And I am sure, (as much as man can be of himself,) my resolutions are, in all humillity and due obedience, quietly to submit myselfe to authority, and the remainder of my life, on all occations, to serue my King as a loyall subject, and your Excellencie his Lieftenant, and||Beuerley is still denied the knowledge of informations or euidence made against him.|
|and all other his magistrates, with due obedience and humble submission.|
|And as in duety bound euer pray.|
| May his Majesty long and happily |
reigne, his laws runn in their due
course, and his subjects flourish in
|Know all men by these presents, That Wee Robert Beuerley and Cr. Robinson, of Middlesex counties, gentlemen, and John Armisteed and John Smith, of Glocester countie, gentlemen, are hereby firmly bound and obliged, to our Sovereign Lord the King, his heirs and successors, in the penall sume of two thousand pounds sterling, to be paid vpon demand; to the true and just payment whereof, wee binde ourselues, our heires, executors, and administrators, to our said Souereign Lord the King, his heirs, and successors, joyntly and seuerally, firmly by these presents. As witness our hands and seals, this twenty-sixth day of Aprill, 1683.|| No. I I.|
Copie of bond for y'e behauiour.
|Quere, if once being called before the gouernor and councell and complying therewith, doe not compleat and fulfill this condition, as to that part. Or is Beuerley bound by the same, times inumeraable, and time without limit, to attend whensoeuer called; if soe, he is imprisoned in Virginia dureing life.|
|Beuerley, being returned home, thus long put of from tryall, notwithstanding a whole yeare is passed from his first confinement, and three Generall Courts or Goale deliueries passed, to all which he made suite and petition to be tryed, is, the twenty-second day of May following, called before y'e Gouernor and Councell, fifty miles from his dwelling house, by vertue of this following warrant.|
|By his Excellencie.||No. K K.|
|These are in his Majesties name, by and with the advice of the Councell, to will, and require your to sumons Mr. Robert Beuerley, to make his personall appearance before me, and the Councell, on the 22d day of this instant, May, at Green Spring. Herein you may not fayle, as you will answer the contrary at your vtmost perrill. Giuen vnder my hand and seale of the colonie, this tenth day of May, 1683. Anoq. R. R. Caroli, 2d. y'e 35th.||The Gouernors warrant for Beuerley.|
|To the Sherrife of Middlesex Countie.|
|Beuerley appears vpon the warrant, and is demanded these following questions by his Excellencie.|
|Why did you break open a pacquett, sent by Sir Henry Chicheley, directed to Mr. Ed. Chilton, clerk of Mr. Secretaries office, wherein were inclosed seuerall writts for electing Burgesses to the Assembly, held in Aprill, 1682.||Question.|
|I did it in pure and simple obedience to his honours comands, sent me by Mr. Farmer, his clerk, and (before that,) giuen me himselfe at his owne house, which pacquett was sent open to be delivered me at my house, by his honours said clerk, and by him there sealed and sent me to Glocester Court, with directions to open the same, and to take out and convey such writts as I could with expeditious safety, and to send the rest to Mr. Ed. Chilton at Mr. Secretaries office; but finding none I could safely send forward, I imediately inclosed them in the same couer, and sent them to Mr. Chilton, (as directed,) biding y'e messinger acquaint him, why the pacquett was opened, which was accordingly by him performed, and all the Writts inclosed in that couer went speedily and safely to Mr. Chiltons hand, as the packett was directed and y'e Gouernor comanded me.|| No. L L.|
This is rendered a comon breaker up of publique packquetts, and a takeing vpon him the secretaries offices: which God knows was done in pure obedience, as is sufficiently manifested by sending all the Writts to the office,
|and acquainting the clerk vpon deliuery for what reason the couer was vnsealed.|
|Richard Farmer, aged thirty-eight years or thereabouts, deposeth and saith, viz:||No. M M.|
|That some time in the moneth of February, Ano Domini, 1681-2, this deponent, at the comand of the Right Honourable Sir Henry Chicheley, Knt. his Majesties||Mr. Farmer's affidavid about y'e Gouernors packquett.|
|then Deputie Gouernor of Virginia, with whom this deponent then liued and serued as his clerk, did draw out a forme or rough draught of the Writt for calling the Assembly, the 18th of Aprill, 1682. Which forme or rough draught being well approved of, Sir Henry Chicheley comanded this deponent to engross out faire in writeing one of the said Writts, for euery respectiue countie in this Colonie, and a particular Writt for James Citty, which this deponent haueing done, Sir Henry Comanded him to make vp in a pacquett those Writts for y'e Southern counties, viz:|
|James Citty countie, James Citty, Eliz. Citty countie, Warwick Countie, Henrico County, Charles Citty countie, Surry countie, Isle of Wight countie, Nantzemond Countie, and Lower Norfolke countie.|
|And direct the pacquett to Mr. Ed. Chilton, at James Citty, for the more spedy conveyance of them to the sherrifs of the respectiue counties, as they were directed, which this deponent accordingly did. Sir Henry comanding this deponent to carry the said pacquett (unsealed) to Major Robert Beuerley's house, to be by him, (if he thought fitt) perused, sealed and conveyed to Mr. Chilton, from Gloster Court, (which to this deponents best remembrance, was to be the day following) but this deponent being informed at Major Beuerley's house, that he was (the day before,) gone ouer into Gloster, in order to his going to Court, and findeing at Major Beuerley's house, Mr. Tho. Rabley, of James Citty, he, this deponent did, then and there, (according to Sir Henry's comand) seale the said pacquett, and desired Mr. Rabley to deliver it to Major Beuerley, at Gloster Court, (whither he then was going,) together with directions, as well as by word of mouth, as by a note or letter, from Sir Henry to Major Beuerley, in case he should be gone before this deponent brought the pacquett to his house, to break open the same, and if he thought fitt, to disperse any of the said Writts, that he would doe it accordingly, if not, that he should forthwith send the pacquett to Mr. Chilton, which (as this deponent hath since been informed,) Major Beuerley then did, and sent the same to Mr. Chilton by Mr. Rabley: All which this deponent is and shall be ready to averre, justifie and proue vpon oath, if occation shall require.||Note, none of the Writts were taken out by Beuerley, but all sent safe to Mr. Chilton, for that Beuerley could give none of them a sure and spedie conveyance, according as he was ordered by the Gouernor, and did therefore send them all in the same couer to Mr. Chilton, who had them all delivered to him the next day, and yet Beuerley, (because nothing elce can be found against him) is threatened with a premvnire for this act of obedience; and stands excepted by name in a proclamation of pardon.|
By his Excellencie. A Proclamtion.
|Whereas, many euill and ill-disposed persons, inhabitants of this colonie, contrary to their duety and allegiance to our Souereigne Lord the King, on the first day of May, in the 34th yeare of the reign of our Soueraigne Lord the King, and since, tumultuously and mutinously assembled and gathered together, combineing, and presumeing to reform this his Majesties gouerment, by cvting vp and destroying all tobacco plants, and to perpetrate the same, in a traiterous and rebellious maner, with force and arms, entered the plantations of many his Majesties good subjects of this colonie, resolving by open force a generall and totall destruction of all tobacco plants in this his Majesties dominion, to the hazarding the subverssion of the whole Gouernment, and ruin and destruction of these his Majesties good subjects, if by Gods assistance, and the prudent care and conduct of the then Lieftenant-Gouernor and Councell, the mutineers had not been timely suppressed, for which treasons and rebellions against his Majesty, and this his goverment, some notorious actors haue been indicted, convicted, and condemned, and suffered such pains and punishments as for their treason and rebellion they justly deserued. And whereas, I and the Councell are well satisfied, that many of his Majesties good subjects, were preuailed with, and seduced from their allegiance, by the specious (though false) pretences, of the designers and contrivers of those crimes, misdeeds, treasons, and rebellions: And haueing, since, by their dutifull demeanor, manifested themselues sencible of the notoriousness of their crimes, and how lyable they are to answer for the same according to Law, and those apprehensions lyeing heavie on the spirrits of many his Majesties seduced subjects, which being taken into serious consideration,|| No. N N.|
Note, Beuerley was at James town at the Assembly and General Court, from the 18th day of Aprill to the 8th day of May, and the 11th of May made prissoner on board the shipp Duke of York, and kept prissoner on board, and at Accomack vntill the 3d day of November following, which renders it impossible, that he should be assembled or combineing with the plant cutters or plant destroyers, the treuth of which all the Councell well know, and cannot disowne, for that he was dayly in their sight and companie all the whole time.
|I therefore, Tho. Lord Culpeper, Barron of Thorsway, his Majesties Lieftenant and Gouernor Generall of Virginia, out of pitty and compassion to his Majesties seduced subjects, and for the setling and composeing their disturbed minds, haue thought fitt, and in his Majesties name, by and with the advice of the Councell, by this proclamation, doe publish and declare, that|
|all and every person and persons, whatsoeuer, his Majesties subjects of this colonie, who haue ingaged with, or adhered to the said traiterous and rebellious plant cutters and plant destroyers, in the yeare of our Lord 1682, first taking the oath of obedience mentioned in the act of Parliament, made in England, in the third yeare of the reign of his Majesties Royall Grand Father, before two of his Majesties justices of the peace, whereof one to be of the quorum; or in open Court; shall be and hereby are pardoned and forgiuen, all the treasons, rebellions, crimes, and misdeeds, by him or them, acted, done, comitted, or concealed in relation to the said plant destroying and disturbance of his Majesties Gouernment as aforesaid, and shall be free from all punishments, and forfeitures for, or by reason of the same.|
* Quere. Doth not the words, (as alsoe Robert Beuereley) as they are placed in this proclamation, declare him to the world to be fledd from justice, not dareing to abide his tryall; and if soe, what great wrong is done him, since he hath all along petitioned for a legal tryall, and hath been three Generall Courts or Goale deliueries, denied
|and kept from tryall, and still is, vnder pretence of staying to know his Majesties pleasure; but truly because nothing of crime, or couler thereof appears against him.|
|Beuerley being thus by name excepted in the Proclamation, is not only wronged in his good name, credit and reputation, but still to keep him poore and vnder the hatches, he is thereby rendered, by those in authority, vnfitt and vncapable to exercise any imployment of profitt, and put by getting his liuelihood, (as formerly|
|he did to a considerable annuall value, not less than three hundred pounds sterling per an.) by pleading as an attorney and practizeing the mistery of a surveyor, besides the loss of his clerks place in the Assembly, worth (to him) about one hundred pounds sterling per an., and that of Deputie vnder the Auditor Generall, for which he had yearly paid him twenty-five pounds sterling, and all grounded on vntrue, and indeed vncoulerable suggestions.|
|See the following passages concerning his pleading, offered lately at Gloster Court.|
No. P P.
Passages in Gloster Court, about Beuerley's pleading.
| Major Robert Peyton, arresting Edward Bayley to this Court, in an
action of trespas, the defendant appeared and offered to answer to the said suite by his
attorney, Major Robert Beuerley, vpon which the court put it to the vote.|
Whether Major Beuerley may plead at this barre or noe.
And the Justices, thereto, seuerally made answer as followeth.
Captain John Smith, Saith he never did see anything, that did forbid Major Robert Beuerley from pleading as an attorney, and therefore sees noe reason but why he may plead here.
Lt. Col. Jon. Armisteed, Saith, that although Major Robert Beuerley be excepted in my Lords proclamacion of pardon, yett in his opinion, he ought to vse all honest means for a liuelyhood, and therefore ought to plead any honest cause at this barr.
Lt. Col. Lightfoot, Is of opinion, that Major Robt. Beuerley ought not to plead at this barre.
Lt. Col. Tho. Walker, Saith, I am of Col. Lightfoots opinion.
Capt. Tho. Ramsey, Saith, that he knows nothing to the contrary, why Major Robert Beuerley may not plead in this Court.
|Col. Law. Smith's opinion is, That Major Rober Beuerley, being excepted in my Lords pardon, and put by bearing all offices, both millitary and ciuill, ought not to plead in this Court.|
|* Note, the rancour of y'e judge against Beuerley, and how like a judge 'tis spoken to|
|the other, his fellow justices, and on the next day he posted to Mr. President of the Councell, with complaint against Beuerley and his fellow justices, who returned this letter to the Court.|
|To the Worpshipfull his Majesties Justices of the Peace in Gloster Countie.|
|August the 13th, 1683|
|As not being enough to hurt Beuerley in his reputation, by
wrongfully useing his name in y'e pardon, who they canot finde the least fault in: but he must by
that artifice be ruined in estate, by being put by the getting his liuelihood.|
Note, Virginia allows noe certain attorneys, nor is any fee for pleading allow'd of in y'e bill of costs, but euery man pleads for himselfe or friend according to his
|abillities: soe that to denie any man to plead for another, is to denie them both euery subjects right. Quere, What is meant here, by maintaining his Majesties authoritie in Courts with vnited hearts and mindes, except, that all the justices on the bench, must [though against their consciences and better judgments] giue there votes, as they finde the president would have the cause to goe.|
| Copie of comission all written by Sir William Berkeley, his owne
Note, in those times Beuerley, with a small party of forty, or less, were the only persons that pursued the rebells, and tooke seuerall of their garrisons and chiefe comanders, bringing them prissoners to Accomack to the Gouernor, more perticulerly Tho. Hansford comander in chief of four counties, and president to the Court of Sequestrations; Harris, comander in chief of Gloster countie, and Tho. Wilsford, on whom the rebells had great dependence,
|trusting in his skill to conduct them amongst the remote Indians, in case they should be driven to retreat thither.|
| By the Gouernor and Capt. Generall of Virginia.|
|The bearer, Major Robert Beuerley, is one of my trusty soldiers and servants, I therefore desire and require you to giue him all creditt and observance due to a faithfull and principall soldier, and to furnish and deliuer||Note, Beuerley at this time was constantly passing in sloops from place to|
|to him, (for his Majesties especiall service,) whatsoeuer armes, amunition, provissions, or other vtensills or necessaries for land or water service, he shall have occation for, and his receipt shall be your sufficient warrant for payment. Giuen vnder my hand this 3d day of November, 1676.||place, to pursue and seize the rebells in their guards, the which he effectually performed.|
|To Capt. Saml. Groom, and euery coman- |
der, master, merchant, or supercargoe be-
longing to any shipp, already arrived, or
which shall arrive into Virginia.
My Dearest, Most Honoured Major Beuerley,
|Letter from Sir Wm. Berkeley to Major Robert Beuerley, then before Wests Pointe, the rebells chiefe garrison, all written by Sir William Berkeley, his owne hand writeing, on receipt whereof Beuerley imediately went down to the Gouernor, then on board Capt. Martins shipp; and was sent one of foure, on board Captain Granthams shipp to discoruse Ingram, who without any conditions (other than bare hopes of mercy) gaue vp himselfe and y'e garrison, and armes at Wests Point. Walklase alsoe, and|
|the party of horse with him, submetted themselues, and declared for y'e gouernor.|
|Yesterday came on board to me, Boodle, and submitted himselfe, and promissed that, this day, his soldiers should lay downe their armes, vpon which I ague him his pardon, and promissed his soldiers the like provided they deliuered vp their armes: if you finde nothing to doe in Middlesex, you may goe forward and settle what parts you hear is not settled. I am this day intended for Green Spring. I am,||Note, Beuerley, was now sent to settle Middlesex, and the adjacent northern counties, who on his approach, did readily submitt themselues.|
|Your affectionate friend and servant,
| January the 18th, 1676.|
DEARE MAJOR BEUERLEY,
|The northern counties being setled in quiet, Beuerley with the
partie vnder him, marches directly to Green Spring, and were imediately made the guard there,
dureing the whole session of Assembly, and then discharged and ordered pay, and the countrey
fully settled in peace and quiet.|
Note, that Beuerley did not make any seizure vpon this letter, of any mans goods, or tobaccos, in
|Middlesex countie or elcewhere; by reason none withstood, but all submitted to the Gouernor.|
|The house of Burgesses, Most humbly present,|
|Col. Francis Morrison haueing misrepresented Beuerley to his Majesty: his Excellencie, the Lord Culpeper, was by instructions, comanded to disable him from bearing any office of trust, which occasioned this certificate and petition to his Excellencie; on which he was continued in his former offices; and if it will be admitted, nineteen|
|in twenty will yet testifie Beuerley's loyaltie and great services, in the quieting Bacon's rebellion.|
| Att a Councell held at James Citty. June the 9th 1680.|
|Vpon the address of the house of Burgesses to his Excellencie, dessireing Major Robert Beuerley to be continued their clerk; the whole Councell by his Majesty appointed for this colonie, doe declare, That vpon their well knowing of Major Beuerley, they are all fully satisfied his integritie, abillity, and loyalty, deserves the|
|character y'e house of burgesses haue represented him vnder; And are of opinion, it will be for his Majestie's, and this colonies service, that he be, by his Excellencie, according admitted to the execution of that place.|
|Vera Copia, Test. HEN. HEARTWELL, Cl. Con.|
|END OF THE FOURTH VOLUME.|
|[Page 572 is blank.]|
|Pages 541-556||Pages 573-582|