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Offence is Cognizable, and Certifie the said Writ and Recogni-
zance into the Court tmless Such Offences appear to the said
Baron or Judge not Bailable by the Law of England.

46. And in Case the Said Baron or Judge shall refuse to
grant a Writ of Habeas Corpus on View of the Copy of Com-
mitment or upon Oath made of such Copy having been deny'd
the Prisoner or any Person requiring the Same in his behalf
or shall delay to discharge the Prisoner after the granting such
Writ the said Baron or Judge shall incur the forfeiture of his

47. You are likewise to declare our Pleasure that in Case the
Provost Marshal or other Officer shall Imprison any Person
above Twelve Hours except by a Mittimus setting forth the
Cause thereof he be removed from his said Office.

48. And upon the Application of any Person wrongfully
Committeed the Baron or Judge shall issue his Warrant to the
Provost Marshall or other Officer to bring the Prisoner before
him who shall be discharged without Bail or Paying Fees, &
the Provost Marshall or other Officer refusing Obedience to
such Warrant shall be thereupon removed, and if the said Baron
or Judge denies the Warrant he shall likewise Incur the forfeit-
ure of his Place.

49. And You shall give directions that no Prisoner being
set at large by an Habeas Corpus be recommitted for the said
Offence but by the Court where he is bound to appear and if
any Baron, Judge, Provost Marshall or other Officer contrary
hereunto shall recommit such Person so Bail'd or deliver 'd you
are to remove him from his Place, and if the Provost Marshall
or other Officer having the Custody of the Prisoner neglects to
return the Habeas Corpus or refuses a Copy of the Committ-
ment within Six hours after demand made by the Prisoner or
any other in his behalf shall likewise Incurr the forfeiture of his


50. And for the better Prevention of long Imprisonments
you are to appoint two Courts of Oyer & Terminer to be held
Yearly, Viz, on the Second Thursday in December and the
Second Tuesday in June, the Charge whereof to be paid by the
Publick Treasury of Our said Colony not exceeding One Hund-
red Pounds each Session.

51. You are to take Care that all Prisoners in Case of Trea-
son or Felony have free Liberty to Petition in Open Courts for
their Tryals, that they be indicted at the first Coiut of Oyer
and Terminer unless it appears upon Oath that the Witnesses
against them cou'd not be produced and that they be try'd the
Second Court or discharg'd and the Baron or Judge upon Mo-
tion made the last Day of the Sessions in Open Court is to Bail
the Prisoners, or upon the refusal of the said Baron or Judge
and Provost Marshal or Other Officer to do their respective
Duties herein they shall be remov'd from their Places.

(To be Continued.)


VIRGINIA IN 1667-1676.

(Abstracts by W. N. Sainsbury, and copies of the McDonald and
De Jarnette Papers, Virginia State Library.)


Letter of Thomas Ludwell, June 24, 1667
Dutch fleet in Hampton Roads

[Printed in this Magazine iv, 229-236]

Thomas Ludwell to Lord Berkeley, June 24, 1667

[Printed in this Magazine iv, 236-240; but the following
postscript was not printed]

My lord the shallop taken by the Dutch mentioned in our
declaration was bound with one Galpin to Cape fere to bring
of some people from thence where they are in great distresse, to
w"*" they are reduced more by factiom then necessity if what Mr.
Vassall wrights be true, and wast and this Galpin is the cheife
promoter of that desertion of w'** I will give your honnor a fuller
acco* when I am a little more composed my lord. I have like-
wise by the Cover'"' comand sent you our proceedings in y"
cessation* and a Coppy of the lord Baltemores instnun* whereby
he makes it voyd, w*"^ our declaration ag* him w"*" the Cover'
desires you to comand Coll Moryson to deliver when time serves;
if the west country men complanye for the losse of theire shipps,
I beseech you Lord^ to consider one argument more, w'='' is,
that the Cover' issued out his order to the collectors in every
river not to cleere theire shipps till the 10'^'' June w*='' was five
dayes after theire losse, w'='' order had y*^ masters obeyed they

f-Tobacco plantation.

VIRGINIA IN 1667-1676. 123

had been safe as many as belonged to this Govemm* and for
those who belonged to Maryl*^ they came at theire pleasure and
never came neer the Gover' for any orders though they saw
there was noe fort at poynt comfort in w''*' place I believe they
have confidence though there be noe gunns.

L^ Barcley of Stratton

Memoranda that the representation of the Govern ■■ & Coun-
cill following here a second time was taken away.
for the Right Hono'ble John Lord Berkeley of Stratton one of
the Lords of his Ma'ties most hono'ble Privy Councell. 24
Jime 1667.

Thomas Ludwell to Lord
John Berkley.

Original O & P.

Henry Norwood to Secretary Williamson

Most Hon''! S^ July 17, '67.

When I wayted on you some time since to enterteyne you
w**" some discoures touching the affayeres of Virginia, you were
pleased (p'paratory to such discourse) to desire a sight of his
Ma'tyes Grant now depending in some short extract and also
the heads of a former Charter made to the Company that first
planted there.

For 3 weeks past I have beene confined to my Chamber by
a troublesome distemper w'^^to this houre will not give me leave
to kiss yo' hands w^^'both the s^ papers, and in this expectation
of paying you that respect, I have hindered M^ Ludwell to
sollicite y" on y" same acc*^ whose coment uppon each particu-
lar will much enlighten the obscurityes thereof when ere y'u


shall be pleased to admitt him to y'' audience for y* purpose,
here inclosed are the 2 papers, and I most truly remayne

¥"■ most humble and

most obedient serv*
[signed] H. Norwood.


For the right Hon'ble S''. Joseph WiUiamson Principall sec-
retary of State at Whitehall
17'»' July, 1667.

Grievances of Virginia

According to yo*" hon" desire I have Inserted what Could
gather by Severall in Virginia what might be their grievances.

Imp 'mis

The extream and grievous taxes they ly under Continually
and yet the tobaccoes that are Raised not expended to the de-
sired end.

as First severall himdred thousand. Raised for building of
forts and yet no forts that any wayes serviceable built in the

2 Several hundred thousand Raised for maintaining of
Agents in England as Major generall Smith ; Secretary Ludwell ;
& Coll Parkes and yet no businesse effected.

Sly. 2 millions of taboccoes Raised for building of forts at
the heads of the Rivers upon great mens new plantations and

2 The great Injiiryes that is done in Courts by the Insinua-
tion of some that make advantages by the govemo'" passion,
age, or weaknesse.

3 the great sway that those of the Council bear over the
Rest of the Assembly in matter of Lawes and also in orders upon
Appeals being Commonly Appointed Chairmen in all Committ-

VIRGINIA IN 1667-1670. 125

41y the gouvem' tollerating & lycensing some to trade with
the Indians though barbarous enemyes whereby they were
furnished with powder shot and gunns, part of which some say
his Majesty sent in for the supply of Virginia.

5 and lastly, which hath been the main cause of those tumults
the not tymely suppressing the Incursions of those form'dable
savages whereby many men over Cut of and severall planta-
tions deserted.

[This paper, which is not dated, is evidently out of place and
probably belongs to 1675. — Ed.]

Charges Against Captain Lightfoot 1667

The Marchant of the handmaid one of the Virginia Shipps
lately Arrived Affirme That Capt'n Lightfoot Comander of
his Ma'ties Shipp y^ Elizabeth had notice a day before the 4
dutch shipps came into James River that they were upon the
Coast, and y* verry morning they did Arive, he was told they
had taken Capt. Conway who fought them Six howeres at the
mouth of y^ River yet he made light of it, and went to a Wedd-
ing with his wench y* he carried w*** him from England, all the
Officers were Likewise ashore, he further sath that Lightfoot
had taken aboard his shipp a greate quantity of tobacco at
fraight, and that his men were ashore geting more aboard when
the EHzabeth was burnt, and that y^ said Lightfoot brought to
Virginia twenty p'sons w"** Paid for their Passage, and that
several had contracted with him for Tunnage home. That had
he been aboard w'^'^ his men he might have preserved the Mer-
chant shippes, and if he had gon down to Conway as soone
as he had advise of the 4 Shippes being on the Coast these
two shippes might have tooke the Enemies.

Those men w=^ were aboard the Elizabeth ffired but one
Gunne against y* Enimy.


Col. Wm'Travers to Mr Giles cale 1676
The Coppy of a letter from Coll: Wm. Travers to M^ Giles
Cale y« 13*»^ of May 1676.

Brother Cale S' y^ govemer is at y® falls of James River
dayly expecting y^ ennemy & wishes he could be heare w**" us,
& has writ to Coll: Goodrich & Cap* Hawkins to Rayse w*
fforse they can to destroy those barbarous Indeyans, but he
understands y* tis y^ Susquehannos y* has done us y* mischiefe
& hops y* wee will not suffer hallfe of y'm to Retume but do not
specke at all of y^ portobaccoes w^^ makes me thinke he has not
bin Rightley informed, pray God preserve & keepe us I am

Yo'' Humble servant
Will Travers

S''. this comes this post from M'
Cale Postm' in Bristoll to M'.
Gardiner for your hon^
[signed] Jos Hoch.

CoL. Papers Virginia.

The Case of Giles Bland,* 1676.
M^ John Bland Merch* having settled two of his Brothers
in Virginia under certaine Articles, Agreements, and Covenants,
supplied the Plantation in w'''' they were settled to the vallew
of above ten thousand pounds, Expecting proportionalle Re-
turns from them. But the two Brothers dying one of them left
a Widdowe, who writt to M"". John Bland acquainting him, that
there was a considerable Estate left and desired him to send one
over to take care thereof, and to settle matters betweene them.
And here the sayd John Bland after some tyme did send his
only sone Giles Bland whom he had bredd a merchant to take
posession and settle things on his behalfe. Giles Bland upon

VIRGINIA IN 1667-1676. 127

his Arrivall there appHes himself e to y" Best means he cotild
think of for Accomodating y« whole affaire with his Aimt in
which he found many difficulties. And comeing to the house of
Thomas Ludwell Esq"" in Company with S^ Henry Chetsly,
[Chichley] and after they had dranke plentifully there happened
a discours betweene Giles Bland and Thomas Ludwell, which
Giles Bland being in Drinke thought two severe in Relation to
his ffather; upon which Provocation, Bland told him he dealt
Basely and unworthely to cast such Aspersions upon his father
and himselfe and having both dranke of y° same Cupp and being
transported with passion, upon a father Exchange of Lan-
guadge fell to Bloes, and after Exchanged Gloves to meete at y^
Place by them apoynted y® next Morning. Bland sleeps not all
night, and Continuing hot Headed, hasted to y^ Place apoynted
where missing Ludwell, he whent and Nailed y® Glove at y^
doore where y^ Grand Assembly used to sett, writing some
words under itt. But M'' Ludwell more wisely sought his
Reparation before y^ Governor and Council where Bland was
ordered to Aske y® sayd Ludwell forgiveness, which he accord-
ingly performed to y^ satisfaction of y® Court, and the Court
was farther pleased to fine him 500 £ for his abuse done to y*
Assembly in Nayling upp Ludwells Glove at theire doore as
will appeare by the sayd order. In which there is an additionall
Clause, that the payment thereof should be suspended for y^
Space of two yeares. That y^ sayd Bland might have time to
make his humble supplications to his most sacred Majestic to
Remitt y^ same, by which favourable Clause y^ Mercie of that
Coiut Apeares, And that they intended by itt rather to deter
him from the like Rash' Actions for the tyme to come, then to
Ruin him, for what he had unadvisedly committed.

[Indorsed in pencil]
"30 May 1676"

Whitehall, May 30, 1676
Minutes of a Committee of Trade and Plantations. In ref-
erence to the Laws of Jamaica and the Act for the good govern-
ing of Christian Servants their lordships are not pleased with


the word Servitude being a mark of bondage and slavery and
think fit rather to use the word Service since these Servants
are only Apprentices for years, but very much approve of this
Regulation for governing of Servants and order that enquiry
be made whether this or the like law be in force in all other his
Maj'. as being very necessary for the prevention of spiriting
away Children.

Sara Bland's petition in behalf of her son Giles referred on 22
April the Agents of Virginia to have a copy of said Petition and
attend on Tuesday next.
(Col. Entry Bk. No. 104. pp. 124-5)


Whitehall, June 8, 1676
Minutes of a Committee of Trade and Plantations. M"".
Ludwell, Secretary of Virginia, shows letter from that Colony
concerning the present disturbances there, occasioned both by
the insurrections of the neighbouring Indians and by a mutiny
of several Englishmen (Mem. he sent in this letter on the lO***
current) He is ordered to attend on Thiu-sday with the other per-
sons concerned in the petition of M" Sara Bland in behalf of
her son now in Vieginia.
(Col. Entry Bk. No. 104. p. 133.)

Answer of M'" Ludwell to Bland's Petition.

To the Right Ho'ble the Lords of the Committee for Planta-

Tho. Ludwell Sec^* of Virginia

Most humbly doth present,

That having seen a copie of a Petition presented by M''^.
Sara Bland to the Kings most Excellent Ma*y & a reference
thereupon to yom" Lop= & upon that reference Yoiir ho^ Order
for a hearing on the 6th of this instant Jtme & finding himself
more particularly concerned as being bespattered with a part of
that dirt which is thrown upon the whole government of Virginia
by the said Mris Bland, he doth most humbly beg your
honours leave & patience in receiving this his answer to the said

VIRGINIA IN 1667-1676. 129

To the first part he answereth, that he believeth that M''.
John Bland did adventtire great sums of money into that
Cotmtry but is confident that if his brothers Edward and Theo-
dores Books could be produced it would appear that not a fifth
part of the sum mentioned in the Petition was laid out in Plan-
tations or other estate there and consequently not to be possest
by his son Giles.

In the next place where it is alleged that the said Giles
applyed himself to the respondent, it is utterly imtrue for his
application was to the Governor & Council by a Petition, for a
Confirmation of a Deed, passed by Edward Bland Jimior, to
the above said M'' John Bland for all those lands taken up or
purchased by his father Edward brother of the said John and
consequently vested in him as heir to his father. Upon the read-
ing of which Petition the respondent as a member of the court
told the said Giles Bland that there was a Law in the Country
intitled, An Act for prevention of fraudulent conveyances which
did provide that no conveyance should be valid in Law that
was not acknowledged in Court by the Conveyor & therefore
he must bring the yoimg man into the Court to acknowledge
his deed according to the said law. And this was that w''''
gives the color to what is said of the respondents telling the said
Giles that his father had sent in forged writings to cheat the
widow with whom he had no difference whilst the respond*
was in the Country. Nor could it be possible that the respon-
dent (who hath ever had a very good opinion of M'' John Bland)
could affirm any such ill thing of him. Since at that time, nor
even to this day, he never saw one paper that concerned the
said widow or the young Edward. For what is said of Giles
Bland coming to the Respond*" house and being heated with
Wine & brandy It is confest that the respondent coming home
found S"" Henry Chicheley & the said Bland there who unknown
to him came there to shelter themselves from the approaching
night. But for the drink mentioned though they had of each
yet he doth affirm that it was not in any quantity which might
heat either party nor had the said Bland the least occasion
given him of offence but fell upon the respond* in most rude &
unsufferable language for no other cause but reproving him


when he spoke ill of the Council. And this the respondant can
with truth affirm & if it should be inquired into, he doubts not
but it would appear that (with all who know him he hath ever
passed under a better character than that of being a Drunkard
or forcing others to be so. But the Petitioner takes the old but
ill course of helping a bad cause with ill language.

As to the pretended Challenge as the Respond* knew better
what was becoming the place he exercised than to give or ac-
cept a challenge from any man so he doth in the presence of God
affirm that there was nothing like it on his part passed between
them. But the said Bland going the next morning from the
respondents house before he was risen took away one of his
Gloves carrys it to the Gov""' where he stayed all that day being
Sunday and time enough to allay the heat of the wine (if he had
any such) and that night carrys it to the town & there fixes it
up at the Assembly door with the words under it mentioned in
the order. And whereas it is affirmed in the Petition that the
Burgesses by the Contrivance of the respondent complained of
the same, he doth affirm that he came not into the town before
the Monday following nor knew anything of his Glove being so
unworthily fixed till many of the Burgesses told him of it and
exprest their resentment of the affront done them. And he doth
likewise affirm in the presence of God that he never applyed him-
self either to the Burgesses or to the Governor and Council in the
case till it was so public that the said Bland was ordered to answer
& the respondent to complain at the next General Court where
S"" Henry Chicheley (who was present at the respondents house
when he received the affront) was one of the Judges that con-
demned him in what the Order says And the said Bland, asking
the respond* forgiveness in Court (though so proudly as the
whole Court took notice of it) the respond* had no further
difference with him. But for his affront to the Assembly he
was fined five hundred pounds, which the respondent hopes
will not appear so extraordinary when the natiu-e of his offence
is duly considered by your Honors.

As to the affirmation that the respond* drew the Order him-
self he denies it but withal confesseth that as his Vindication
from so great an affront was therein to be left upon record, he

VIRGINIA IN 1667-1676. 131

did look that it was drawn according to the judgement of the
court & so did the Governor since it was an extraord" case.
And this the respondent doth confidently affirm that there is
nothing in the order which is penal but what was so adjudged
by the Court.

And whereas, it is affirmed that the s"^ Bland was denyed a
trial by a Jury, it is a great scandal to the Justice of that Court
who never denied it to any man that demanded it nor would
to him & therefore it is a mighty injury to the Court to affirm
that they proceeded arbitrarily violently and injuriously. To
which charge the Respondent doth most humbly pray that the
Court may have time to answer. And if it shall appear that
they are wronged that they may have reparation according to
the nature of the offence. But the affront done the respon-
dent by M'' Bland is no extraordinary matter since he finds M'
Bland hath not been contented with so small a matter as abus-
ing the Secretary in his own house but hath since affronted the
Governor upon the Seat of Justice in open Court to that degree
as he was forced to descend and ask Justice from the Council
and being punished for it is the groimd of all the complaint in
the latter part of the prayer of his Mothers Petition.

Thus may it please your honors the Respond* hath very truly-
stated the case to which he will be deposed for as much as con-
cerns himself & leaves it with all humility to your Lop^ consid-
eration what security will be left to any Government if the
Officers shall be left to such outrages and to determine therein
as shall seem most agreeable to Your Justice and Judgement
Which is all that can at present be answered to the said peti-
tion by

Right Hon'ble

Your Honours most
humble servant
Tho: Ludwell
teste W. Davis.


Several other Papers presented by M"" Ludwell are read viz*.

Act of the grand At a grand Assembly holden at

Assembly against James City the 2P* day of September

Bland. 1674.

The Affront offered to this grand Assembly in the person of
M^ Secretary by Giles Bland during this session is highly re-
sented by the House of Burgesses.

And forasmuch as the said Bland is not in Town & the Session
near upon closing before he can be sent for This House there-
fore do request the right Honou'ble the Governor to issue forth
his mandate for the appearance of the said Giles Bland be-
fore his Honour and the Council of State at the next General
Court in order to a Vindication of the grand Assembly.

Cop. vera Test. James Minge. CI. Assem.

At a General Court held at James City the 21'* day of Nov-
ember 1674.


S"". Wm. Berkeley Knight Governor &c S'. Hen: Chicheley
Knt. L*. Col. Daniel Parke Col Nath Bacon, Tho. Ballard
Esq^ Col. Jas. Bridger

Order of the Gov'' Whereas Thomas Ludwell Secretary

& Gn'l Court for of State of this Colony of Virginia did

fining Bland. at the last Session of the Grand As-

sembly complain that going from the
Assembly to his own house on Saturday 3""*^ of Ocf and finding
there S^ Hen ; Chicheley knight & M ^Giles Bland was by the said
Bland most barbourously & contrary to the Laws of Hospitality
and human Society abused and called pittiful fellow, puppy,
& son of a whore, without any other provocation than giving
his opinion as one of the Council upon a Petition preferred by
the said Bland two or three days before to the Gov'' and Council
& reproving him for speaking scandalously of the Council. And
Whereas the said Secretary did further complain that the said

VIRGINIA IN 1667-1676. 133

Bland taking one of his Gloves without his Knowledge or consent
did ignominiously and presumptuously and unworthily nail the
same up at the State House door with a most false and scanda-
lous libel which contained these words that the owner of that
Glove was a son of a whore mechanic fellow, puppy and a cow-
ard. Which barbarous behavior the whole Assembly resent-
ing as a public afifront as well because the said Sec^ was a
public Minister as for that the said Bland had dared to fix his
glove & the aforesaid libel at their gates on a Sunday and during
their Session did by an address from the Burgesses to the Gov-
ernor & Council desire that the said Bland might be compelled
to appear at the next General Court there to answer the com-
plaint of the said Sec^y on the behalf of himself & the said As-
sembly And he being accordingly ordered to appear before this
Court on the fifth day being the 20*'' of this instant November
where all the aforementioned barbarous & insolent behavior
being by full & clear evidence proved And the Said Bland hav-
ing nothing material to say in his defence but rather adding to
his former crimes by braving the Court itself. It is therefore
Ordered that the said Bland do immediately acknowledge the
horrid Injuries he hath done the Said Secretary & ask him Pub-
lic forgiveness in Court for the same which he did but in so
slight and scornful a manner as rather shewed a further con-
tempt of the said Secretary and the whole Court than a sub-
mission to their order, that he gave present and sufficient
security for his good behavior for the future, And that he pay
to the public as a Fine for his contempt of its Authority Five
Hundred Pounds, Sterling and forthwith give good security for
the payment of the same within two years after the date of this

Online LibraryVirginia Historical SocietyThe Virginia magazine of history and biography (Volume 21) → online text (page 13 of 40)