Notes for Beverley and Forbes

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Notes: from page on Commission for the Privateer Virgin

Notes – Commission of Virgin, Capt. Harry Beverley —1695-1717

* Notes on Harry Beverley:

May 19.[1695] 1,829. Minutes of Council of Virginia. Order for all collectors to bring in their accounts, for an audit to be held on the 31st inst. Mr. Harry Beverley nominated to command the vessel to cruise for prevention of illegal trade, and ordered to select a vessel. Order for the inspection of the militia and for account thereof to be returned. Advised that the additional Rangers on James and Potomac rivers be discontinued. [Col. Entry Bk., Vol. LXXXIV., pp. 904–905.]

Feb. 13.[1696] 2,274. Minutes of Council of Virginia. The Surveyors of Pamunkey Neck and of the district South of the Blackwater attended, and were ordered to make no surveys nor entries of those lands till further order. On a complaint concerning the abduction of a sheriff from Crow Island into Carolina, it was ordered that reparation be sought of the Governor of Carolina. Order for the sheriffs to be more careful in discharging their duty in collecting the King's quit-rents. Order for the churchwardens of Denbigh to be summoned to answer for shutting the minister out of the church, and that the said minister, having nothing against him, but on the contrary good report of his life and ministry in the parish for seven years, be recommended to the vestry of the parish for continuance. Order for the Attorney General to enquire as to alleged unlawful marriages and to prosecute the parties concerned. A ship, which asked permission to sail to Europe, was refused. Advised that the raising of the men for the quota to New York be postponed till next meeting of Council, owing to the expense. Ordered that the Secretary enquire for some persons who will undertake the conveyance of letters to and from the neighbouring Colonies, and report. Order for Captain Harry Beverley to be summoned to answer complaints of illegally releasing vessels detected in illicit trading.

April 16.[1696] 2,332. Minutes of Council of Virginia. Order for a day of thanksgiving for the welfare of the King and the success of his arms. Captain Harry Beverley attended, and was ordered to answer the charge against him in writing. [Board of Trade. Virginia, 53. pp. 16–17.]

April 28.[1696] 2,350. Minutes of Council of Virginia. Order for purchase of seven small guns for salutes at James City Fort. Captain Harry Beverley's answer to the charges made against him was read, when, as nothing was established against him, he was dismissed from further attendance. [Board of Trade. Virginia, 53. p. 19.]

May 1 [1696] Order for payment of £450 to Captain Harry Beverley for the expenses of a sloop for the King's service.

June 13.[1696] 37. Minutes of Council of Virginia. On the representation of Captain Harry Beverley, it was ordered that the sloop commanded by him be paid off and discharged from the King's service, and that another vessel be hired in her stead. Order for the Surveyors to bring a list of their fees to the next Council. [Board of Trade. Virginia, 53. p. 25.]

March 21. [1702] Harry Beverley listed as Magistrate of Middlesex County, Williamsburgh.

[July 1703] 981. xii. List of Patents for land signed in April, 1703:—

County. To whom granted. Number of Acres.

Essex Harry Beverley 750

King and Queen and Essex Harry Beverley, etc. 2,300

1714 March 25 Same to Alexander Spotswood, Lieut. Governor and Commander in Chief of the Colony and Dominion of Virginia, to pay out of the revenue of quit rents in Virginia the following sums: viz.

Phillip Ludwell and Nathaniel Harrison, Commissioners for settling the boundaries between Virginia and North Carolina, 100l. each 200

Harry Beverley, Surveyor, for 38 days’ attendance of himself and his servants with his

instruments for discovering of the latitude of the several places claimed by both Governments [Virginia and North Carolina] 38 John Allen, Surveyor, for eight days’ attendance as to same service 8

the Interpreter for his attendance and service at taking the examinations of the Indians 4

£250

[June 15, 1716] 10. vi. Additional Instruction from Lt. Governor Spotswood to Capt. Beverley. If you meet with any Spanish Commissioner for enquiring into the affair of the wrecks on the coast of Florida, you are to acquaint them that Josiah Forbes master of a sloop belonging to Philadelphia having come into this Colony and being suspected of taking away by force plate and other goods from the Spaniards on that coast is under confinement here untill he shall give bail to answer what shall be laid to his charge etc. Signed, dated and endorsed as No. iii. Copy. 1 p.

10. vii. Affidavit by Capt. Beverley that the sloop Virgen was built in Pianetank River, 1716, and is owned by himself and Walter Keeble. Williamsburgh, 23rd April, 1716. Signed, Harry Beverley. Endorsed, Recd. 28th Oct., Read 19th Nov., 1717. Copy. 1 p.

10. viii. Deposition of some of the crew of the sloop Virgin in confirmation of No. ii. etc. Vera Cruz, 9th Dec., 1716. 30 signatures. Same endorsement. 1¾ pp. [C.O. 137, 12. Nos. 98, 98 i.–viii.; and (without enclosures) 138, 16. pp. 8–12.]

Bef. 14 Aug 1716? - Letter of Beverley to Spotswood

14 Aug-12 Sep 1716—letter from Harry Beverley at St. Domingo, Hispaniola?

[1717] 10. ii. Capt. Beverley, of Virginia, to the Govr. of Jamaica. Vera Cruz, March 6, 1716 [1717]. Fresh intelligence in May last informed the Governor of Virginia that some pyrates had landed on the Island of Providence within his jurisdiction as Admirall, to the disturbance of the inhabitants, some of whom removed to Virginia and brought news from Providence that a wreck was dayly expected to be found there, and also that provisions were scarce, etc. Encouraged by the Governor, who gave me the enclosed credentials and instructions and furnished me with the King's arms etc., I sailed in a new sloop loaded with provisions and in my passage to Providence on 5th July was taken by a Spanish man of war St. Juan Baptista commanded by Don Joseph Rocher de la pena rere Admirall of their Barlevento squadron, who did have no regard to my credentials but carryed me prisoner with him to Vera Cruz, Sept. 12th, and have been kept prisoner ever since, where some of my men for want of subsistance are dead, and the Vice-roy in Mexico has condemned my sloop without suffering me to appear or speak one word for myself or knowing what is said against me, my men indeed are now suffered to embark to Cuba, but the Vice-Roy's orders is that myself shall be kept a prisoner, so that I cannot expect relief in any reasonable time from Virginia it being at such a distance, etc. Prays for H.E. assistance. Signed, Harry Beverley. Endorsed as preceding. 1⅓ pp.

May 31 [1717] 595. iv. Representation of the Lt. Gov. and Council of Virginia to the Council of Trade and Plantations. As we conceive it our duty to your Lordships to represent wtever injurys are done to H.M. subjects here, we beg leave to lay before your Lordps. the case of divers of the inhabitants of this Colony lately taken by the Spaniards and detained prisoners, in violation of the Treaty of Peace between H.M. and the Crown of Spain. In the beginning of last summer, one Harry Beverley, an inhabitant of this Colony, being owner of a sloop then launch'd called the Virgin of Virginia and design'd for the West India Trade, hearing from severall masters of vessells belonging to Bermuda, of considerable quantitys of plate fish'd up by the people of that Island from wrecks lately discovered upon the Bahama shoals, within the Dominions of H.M.; and being likewise told that the Spaniards gave great rewards to such vessells belonging to the British subjects, as entered into their service, and assisted in recovering the treasure lost in the Spanish wrecks on the coast of Florida, thought he could not better imploy his said vessell and his own time, than either in offering his service to assist the Spaniards in fishing on their wrecks, or searching himself for the wrecks said to be in the seas of the British Dominions: and if either of these projects should fail, he might then proceed to the West Indies with the cargo of provisions which he had then ready to put on board. While he was preparing for this voyage some of the inhabitants of the Island of Providence arrived here, judging it unsafe for them to continue longer in a place which was then become a rendevouze for pirates; These gave such an account of the increase of the pirates about that Island, that Beverley did not think it proper to prosecute his intended voyage, without taking with him a sufficient force for his defence. Hereupon Beverley made application to the Government for the liberty of equipping his vessell with 40 or 50 men, with arms for his own defence offering to give bond for his honest and peaceable deportment. The character of the person being well known, as a man of good reputation and creditt, and his circumstances no ways desperate or necessitous, engaged us the more willingly to yield to his request, to which we were more particularly induced, in hopes by his means to gain such an exact information of the strength and proceedings of the pyrates in those parts as might be of service to H.M.; and especially considering that by a Commission under the Great Seal of England, the appointing the Judges and Officers of the Court of Admiralty for the Bahama Islands, had been particularly entrusted to the Governour of Virginia, an enquiry into the state of those Islands might reasonably be expected from him etc. Accordingly Instructions were given to Beverley, both with respect to his behaviour towards the Spaniards and other nations in amity, as in relation to the gaining a true account of the number, condition and design of the pyrates in those parts, a copy of which Instructions was soon after transmitted to your Lords.' Board, and to the Lords Commissrs. of the Admiralty. On 23rd June Beverley departed from Virginia since wch, there is advice from him by letters dated at St. Domingo on Hispaniola the 14th Aug., that two days after he left the Capes of Virginia he mett with a strong wind at South West, which carry'd him into the latitude of 28d. 40m. and longitude of 6 degrees from the said Capes [not in extant Beverley’s letter of 1716; perhaps another letter?], where on 5th July he found himself close by a ship and a sloop, which proved to be a Spanish man of war called the St. Juan Baptista, commanded by Don Joseph Rocher de la Pena, and the sloop his tender. The man of war fired three shots at Beverley's sloop (which had the English colours flying on board) and then ordered him to come on board, where (without ever looking into his papers or so much as asking for them) only demanding from whence he came, he was made prisoner and his boats crew confined apart. The men of the Spanish ship immediately went on board his sloop, beat and stript all the men broke open their chests, plundered and carry'd off all the cargo, and brought the men prisoners on board the man of war, where they were forced naked as they were to work as the Spaniards ordered them, except Beverley himself, and Mr. Peter Whiting and George Heeble his officers. On the 30th they arrived at Porto Rico, where the Spaniards sold most of the goods belonging to Beverley's sloop, and then on 11th May, they came to St. Domingo. At both which places Beverley conscious of his honest intentions, desired a trial but was denyed, untill they should arrive at La Vera Crux, whither the Spanish Commander declared he intended to carry his prisoners. It appears also by the letters from Beverley that he had sent divers letters to the Governour of St. Domingo, setting forth his case, and praying for a tryal, but no answer was returned, neither was Beverley or any of his men suffered to go on shoar or permitted to speak to anyone at either of these places, and since 14th Aug. Beverley nor any of his men have been heard of. Upon which we beg yor. Lordships' consideration of these following circumstances. (i.) That there is not the least suspicion of his going upon any piratical design, or that he had any intention of injuring the Spaniards or the subjects of any other Nation whatsoever, he having just before his departure from hence given a sufficient testimony of his abhorrence of such wicked practices, by discovering to this Government and causing to be apprehended one Josiah Forbes, a person, who by his own confession had committed acts of piracy against the Spaniards on the coast of Florida, for wch. he was here committed to prison, but afterwards broke prison and escaped. (ii.) That there are very few of the men he carry'd with him who are not settled inhabts. of this Colony, and have familys here, and therefore cannot be supposed to have the least intention to do anything in that voyage, which might prevent their return, or endanger the ruine of their familys and estates they left behind them. (iii.) The Instructions and credentials which Beverley carryed with him might have satisfyed the Spanish Captain (had he thought fitt to look into them) that part of the business of Beverley was for H.M. service, and wherein the safety of the Spanish as well as British subjects in America was concerned. (iv.) The said sloop was taken upon the high seas near the Island of Bermuda, and had never been within some hundreds of leagues of any of the Spanish Dominions. (v.) Neither the said Master nor his crew had ever committed any acts of piracy upon any Nation whatsoever, nor so much as made the least resistance when attack'd in an hostile manner by the said Spanish man of war. Your Lordps. will also be pleased to consider, on how precarious a footing, all the Trade of the British subjects to the Plantations must be, if they are thus to ly at the mercy of the Spaniards, liable to be seized whenever these have a superior force to overpower them, their persons insulted and imprisoned, and their vessells and effects confiscated and sold without any legal tryal, or so much as knowing for what reason they are thus treated. We therefore humbly pray yor. Lordps. in compassion to the deplorable condition of these inhabitants of this Colony, now languishing in prison or (which may be worse) sent to work in the Spanish mines, to represent their case to his most sacred Majesty, that such measures may be taken as H.M. in his great wisdom and princely care for all his subjects shall think fitt for the liberty of these unfortunate men, and for obtaining a due reparation for the loss of their sloop and cargo, agreeable to the Treatys of Peace between the Crowns of Great Britain and Spain, and the good faith which ought to be observed between the two nations. Signed, A. Spotswood, E. Jenings, Robert Carter, James Blair, Phil. Ludwell, John Smith, John Lewis, Wm. Bassett, Nath. Harrison, Mann Page, E. Berkeley. Same endorsement. 5 pp. [C.O. 5, 1318. Nos. 16, 16 i.–iv.; and (without enclosures) 5, 1364. pp. 483–487; and 5, 1342. Nos. 4 i.–v.]

Another letter from Col. [Peter] Heywood [acting gov. of Jamaica], of the 12th of August, 1717.

Papers.

Copy of a letter from Capt. Beverley of Virginia, to the Governor of Jamaica, dated at Vera Crux the 6th of March, 1716, relating to his being taken prisoner with his vessel and men by a Spanish ship of war.

Copy of a testimonial given by the Lieut. Governor of Virginia to Capt. Beverley upon his voyage to the Bahama Islands, and about the wrecks, &c.

Copy of instructions given by Col. Spotswood to Capt. Harry Beverley, for enquiring into the state of the Bahama Islands, the Spanish wrecks, pirates, &c. dated the 15th June, 1716.

Copy of additional instructions from the Lieut. Governor of Virginia, to Captain Beverley, relating to a person seized on suspicion of having robbed ye Spaniards.

Copy of Captn. Beverley's affidavit of the built and property of the sloop Virgin.

Copy of a declaration upon oath of several of the men belonging to the sloop Virgin, commanded by Capt. Beverley, relating to that sloop, with her men and cargo being taken by a Spanish man of war.

Preface to CSP Vol 30: The case of Captain Beverley.; Redress demanded from Madrid.

A Particularly outrageous instance was the case of the Virgin of Virginia, a privateer commanded by Harry Beverley, a Virginian, who, as shown in the previous volume (C.S.P. 1716–17, Nos. 595, 595 iv.), had been commissioned by Lt. Governor Spotswood to investigate the activities of pirates on Providence Island in the Bahamas, which were under his jurisdication as Vice-Admiral. Beverley's character was vouched for by the Council of Virginia. There was not the least ground for suspicion that he was engaged upon any unlawful design or intended any hostile action against the Spaniards. Nevertheless, he was captured by a Spanish man-of-war upon the high seas, and finally carried into Vera Cruz. There the Viceroy of Mexico, without granting him a hearing or considering the credentials and instructions with which he had been furnished by the Lt. Governor of Virginia, condemned his sloop, and flung him and his crew into prison, without subsistence, so that several died of starvation. Beverley made his escape to Virginia, after having lain seven months in gaol, petitioning in vain for a trial. Spotswood might well protest that "by the same rule that the Spaniards have taken this man and his vessell on the high seas and without being near any of their Dominions, and without any hostility offered on his part, every vessell belonging to H.M. subjects may expect the like treatment" (10, 10 i.–viii, 59; C.S.P. 1716–17, Nos. 595, 595 iv.). The Council of Trade laid the case before the Secretary of State " as a matter of very great consequence to the trade of this Nation" (5, 5 i.), and the British Envoy at Madrid was instructed to demand redress, (Aug. 1717. Nos. 64). There was, besides, the grievance of the Carolinians that the Spaniards at St. Augustine harboured and encouraged enemy Indians in their war with them (525). On the other hand, instructions were given that the Governor of Jamaica should enquire into the Spanish complaint of piracies committed by Jamaican privateers, and reparation be made, if feasible (361).

** Notes on Josiah Forbes:

Original document located in Special Collections Annex.

References Salmon, John S., comp. A GUIDE TO STATE RECORDS IN THE ARCHIVES BRANCH OF THE VIRGINIA STATE LIBRARY AND ARCHIVES. Richmond: Virginia State Library, 1985.

Summary Contains instructions of [Lieutenant Governor Alexander Spotswood] to Capt. Harry Beverley, Commander of the Sloop Virgin of Virginia, to meet with a Commander from Spain appointed for examining into the affair of the wrecks on the coast of Florida. In addition, he instructs Beverley to acquaint him with Josiah Forbes, master of a sloop belonging to Philadelphia, who is suspected of taking away plate & other goods from the Spaniards and in confinement in Virginia until he can answer his charge.

Cite As Virginia (Colony), Colonial Papers, Instructions of Lieutenant Governor Alexander Spotswood, 1716 June 15. Accession 36138. State government records collection, The Library of Virginia, Richmond, Va. 23219.

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