illegal cutting of tobacco plants, and for other misdemeanors. On the 11th of May, 1682, he had been arrested under a warrant from Governor Chicheley, and placed on board the ship "Duke of York," John Purvis, commander, and on Saturday evening the 13th, he demanded as a free born subject of England, to be informed as to the charge upon which he had been committed. On the last day of this month, he was transferred to the ship "Concord," Capt. William Jeffreys, and in the middle of June, he was placed on board of a sloop belonging to Colonel Custis, to be taken to the Eastern shore to be delivered to the sheriff of Northampton County. He escaped from the sloop, but was again seized at his house in Middlesex, and brought before the Governor and Council at Jamestown. In September he petitioned by his attorney William Fitzhugh for a habeas corpus to be directed to the sheriff of Northampton, which was denied, as Lord Culpepper was expected. On January 10th, 1682–3 he was charged with having refused as clerk to deliver copies of the journal of the House of Burgesses, of 1682, to the Lt. Governor and Council without the leave of his masters, the members of the Assembly. In May, 1684, he was found guilty of high misdemeanors, and was pardoned, having presented the following, on bended knees, to the Governor, and Council, sitting as a Court.

To his Excellencie ffrancis Lord Howard Baron of Effingham, his Majesties Lieut. and Governor General of Virginia, and to the honorable Councell of State.

"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 unexpresible sorrow for the same which is much augmented, by the consideration that hee should soe inconsiderately forfeited that esteem for the government, that he had with the often hazard of his life endeavored 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 dispair; 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 honorable 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 foot 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 meet with a benigne reception in your lordships merceful heart, because the Kings of Kings and Lords of Lords is well pleased that the prayers, tears, 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 exterminate 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 sovereign in a ready and most willing obedience to your lordships and the councell's commands with the last drop of his blood, and shall most heartily pray for a long and happy reigne to his most excellent majestie, and health, honor, and prosperity for your lordshipp, and the councell.

"May 3, 1684.

"ROBERT BEVERLEY."

While the Assembly was in session Lord Howard received a visit from Charles, Lord Baltimore, on his return from Maryland to England, and Col. Philip Ludwell' now the husband of Lady Berkeley, came back from his visit to London. During the month of June a letter writer mentioned that Governor Howard was going to New York in the "Quaker ketch" to pass the warm season, and that the merchants Kennon and Pleasants had received "thirty-four negroes, seven or eight tuns of rum, and sugar, and dry goods for sale." During the summer Lady Berkeley was very ill, and after this little mention of her is found in the chronicles of the period.2

Among the older families, there was much talk, in January, 1684-5, concerning the unexpected marriage of the widow Grendon, the sister of the second Thomas Stegge,

1 1R. R. in Va. Hist. Register, Vol 1, p. 60, mentions that Ludwell was a widower, with two daughters and a son, when he married the widow of Governor Berkeley. The usual statement is that he had a son and daughter by the widow Berkeley.

Nicholas Bacon the elder, and for a time acting governor, in his will made in March, 1691-2 (O. S.) left her his riding horse, and ten pounds sterling In May 1886, the writer found at Jamestown, a portion of the stone, which was placed over her grave, and all of the inscription left was "Lady Frances Berkeley."

and aunt of Capt. William Byrd, founder of Richmond, "to one Mr. Edward Brain," writes her nephew, "a stranger to all, here, but pretends to be worth money, if not, the old woman may thank herself."

During this year a party of fifty roaming Seneca Indians from New York were met within a few miles of Westover. Trade in negroes was rapidly increasing, while Governor Berkeley reported in 1671, not more than two thousand black slaves, the number now was doubled.'

Howard of Effingham had not been long in office, when Charles the Second, was taken sick. The King after receiving the Sacrament, from a priest of the Church of Rome, with one of his mistresses weeping, by his bed-side, and with thoughts of another, whispering "Do not let poor Nelly, starve," in February, 1685, died."

'Governor Spotswood in 1712, estimated negroes and other servants, above sixteen years of age as more than 12,000 and Governor Dinwiddie in 1756, estimated the entire negro population at 120,156 nearly as many as the whites, which was supposed to be 173,316.

2 Green's History of England.