1.
E_Very Man shall obey civil Command; the Captain shall have one full
Share and a half in all Prizes; the Master, Carpenter, Boatswain and Gunner
shall have one Share and quarter._
2.
_If any Man shall offer to run away, or keep any Secret from the Company,
he shall be marroon'd, with one Bottle of Powder, one Bottle of Water, one
small Arm, and Shot._
3.
_If any Man shall steal any Thing in the Company, or game, to the Value of
a Piece of Eight, he shall be marroon'd or shot._
4.
_If at any Time we should meet another Marrooner_ [_that is, _Pyrate,]
_that Man that shall sign his Articles without the Consent of our company,
shall suffer such Punishment as the Captain and Company shall think fit._
5.
_That Man that shall strike another whilst these Articles are in force,
shall receive_ Moses_'s Law_ (_that is_, 40 _Stripes lacking one_) _on the
bare Back._
6.
_That Man that shall snap his Arms, or smoak Tobacco in the Hold, without a
Cap to his Pipe, or carry a Candle lighted without a Lanthorn, shall suffer
the same Punishment as in the former Article._
7.
_That Man that shall not keep his Arms clean, fit for an Engagement, or
neglect his Business, shall be cut off from his Share, and suffer such
other Punishment as the Captain and the Company shall think fit._
8.
_If any Man shall lose a Joint in time of an Engagement, shall have_ 400
_Pieces of Eight; if a Limb_, 800.
9.
_If at any time you meet with a prudent Woman, that Man that offers to
meddle with her, without her Consent, shall suffer present Death._
Thus prepar'd, this bold Crew set out, and before they left the Banks they
made Prize of several small Fishing-Vessels, out of which they got a few
Hands, some _French_ and some _English_, and then sail'd for the
_West-Indies_; in one of these Vessels they took out one _John Rose
Archer_, who having been a Pyrate under the famous _Black-beard_, was
immediately preferr'd over other People's Heads, to be Quarter-Master to
the Company; which sudden Promotion so disgusted some of the older
Standers, especially _Fern_, the Carpenter, that it occasioned some
Mischief to follow, as we shall shew by and by.
The Pyrates came off _Barbadoes_ the beginning of _October_, and cruised
there, and among other Islands, above three Months, without speaking with a
Vessel, so that they were almost starv'd for want of Provisions, being
reduc'd to a Pound of Meat a Day between ten; at length they fell in with a
_Martinico_ Man of 12 Guns and 35 Hands, far superior in Force, and what
they would not have ventur'd on at another Time, but _Hunger will break
down Stone Walls_; they were resolved to shew the _French_ Men their black
Flag; and if that would not do, they must seek out elsewhere; accordingly,
they boldly ran up a-long-side of the Sloop, with their pyratical Colours
flying, and told them, if they did not strike immediately, they would give
them no Quarters; which so intimidated the _Frenchmen_, that they never
fired a Gun. This proved a seasonable Supply; they took her Provisions, and
four of her Men, and let her go. They took presently after, a Sloop
belonging to _New-York_, and a _Virginia_ Man, _Huffam_ Master.
Having now occasion to clean their Vessel, _Phillips_ propos'd _Tobago_,
where the Company he formerly belong'd to, under _Anstis_ and _Fenn_, broke
up; to induce them to it, he told them when he left the Island, there was
left behind six or eight of their Company that were not willing to go to
_England_, with three Negroes: Whereupon they sail'd to the Island, and
after a careful Search, found only one of the Negroes, whose Name was
_Pedro_, who inform'd Captain _Phillips_, that those that were left behind
were taken by a Man of War's Crew, and hang'd at _Antegoa_, among whom was
_Fenn_, their Captain.
They took _Pedro_ on Board, and then fell to Business, careening their
Vessel; and just as they had finished their Work, a Man of War's Boat came
into the Harbour, the Ship being cruising to Leeward of the Island. It was
easily guess'd upon what Errant she was sent, and therefore they lost no
Time, but, as soon as the Boat went away, warp'd out, and ply'd to Windward
for Security, but left the four _French_ Men, they took out of the
_Martinico_ Sloop, behind.
In a few Days they took a Snow with a few Hands, and _Fern_, the Carpenter,
one _William Phillips, Wood_ and _Taylor_, went aboard to take Possession
of her. _Fern_, not forgetting the Affront of having _Archer_ preferr'd
before him, resolv'd to go off with the Prize, and brought the rest into
the same Measures; however _Phillips_, the Captain, keeping a good
Look-out, perceiv'd their Design, and gave them Chace, who coming up with
the Vessel, a Skirmish ensu'd, wherein _Wood_ was kill'd and _Taylor_
wounded in his Leg; upon which the other two surrender'd. There was no
Surgeon aboard, and therefore it was advis'd, upon a learned Consultation,
that _Phillips_'s Leg should be cut off; but who should perform the
Operation was the Dispute; at length the Carpenter was appointed, as the
most proper Man: Upon which, he fetch'd up the biggest Saw, and taking the
Limb under his Arm, fell to Work, and separated it from the Body of the
Patient, in as little Time as he could have cut a Deal Board in two; after
that he heated his Ax red hot in the Fire, and cauteriz'd the Wound, but
not with so much Art as he perform'd the other Part, for he so burnt his
Flesh distant from the Place of Amputation, that it had like to have
mortify'd; however nature perform'd a Cure at last without any other
Assistance.
From _Tobago_ they stood away to the Northward and took a _Portugueze_
bound for _Brazil_, and two or three Sloops from _Jamaica_, in one of
which, _Fern_ the Carpenter, endeavouring to go off, was kill'd by
_Phillips_ the Captain, pursuant to their Articles; another had the same
Fate some Days after for the like Attempt. These Severities made it
dangerous for any to consult or project an Escape; the Terror of which made
several sign their Articles and set down quietly, waiting impatiently for
Redemption, which as yet they saw no great likelyhood of, and should they
have been taken before such Circumstances appear'd in their Actions or
Characters, as afterwards happen'd, to denote their Innocence, they might
have lost their Lives upon a Tryal at a Court of Admiralty; for pretty
strong Evidence is expected in their Favour, to ballance that of being
taken aboard a Vessel which is prov'd to be in actual Pyracy, and they
assisting therein.
Thus was many an honest Man's Case made most desperate by the consummate
Villany of a few hardned Wretches, who fear neither God or Devil, as this
_Phillips_ us'd often blasphemously to express himself.
On the 25th of _March_ they took two Ships from _Virginia_ for _London,
John Phillips_, the Pyrate Captain's Namesake, was Master of one, and
Captain _Robert Mortimer_, the other, a brisk young Fellow, that deserv'd a
better Fate than he met with. _Phillips_ the Pyrate staid on Board of
Captain _Mortimer_'s Ship, while they transported the Crew to the Sloop,
and the Boat returning along side, one of the Pyrates therein calls to
_Phillips_, and tells him, there was a Mutiny aboard their Vessel,
_Mortimer_ had two Men in his Ship, and the Pyrate Captain had two,
therefore thought it a good Opportunity to recover his Ship, and directly
took up a Handspike and struck _Phillips_ over the Head, giving him a
dangerous wound, but not knocking him down, he recovered and wounded
_Mortimer_ with his Sword; and the two Pyrates that were aboard coming in
to Captain _Phillips_'s Assistance, Captain _Mortimer_ was presently cut to
Pieces, while his own two Men stood by and did nothing.
This was the first Voyage that _Mortimer_ had the Command of a Vessel, by
whose Death is a poor disconsolate Widow made miserable, more in regard of
the mutual Love and Fidelity they lived in, than the Loss of what would
have been a handsome and comfortable Provision for themselves and Children,
which, I think, now ought to be made up by the Publick, since 'twas in the
publick Service he fell; for had his Attempt succeeded, in all Probability
he would not only have regained his own Ship, but entirely subdued and
destroy'd the Enemy, there being several, as it afterwards proved, that
would have seconded such an Enterprize when ever they found a Beginning
made.
This Affair ended without any other Consequence than a strict Search after
a Brother of Captain _Mortimer_, who was on Board, in order to have put him
likewise to death; but he had the good Fortune to meet with a Townsman
among the Crew, who hid him for four and twenty Hours in a Stay-Sail, till
the Heat of their Fury was over, and by that Means happily missed of the
Fate designed him.
Out of the other _Virginia_ Man before spoken of, they took one _Edward
Cheeseman_, a Carpenter, to supply the Place of their late Carpenter,
_Fern._ He was a modest sober young Man, very averse to their unlawful
Practice, and a brave gallant Fellow. There was one _John Philmore_ of
_Ipswich_, formerly taken by them, ordered to row _Cheeseman_ aboard of
_Mortimer_'s Ship, which the Pyrates possess'd themselves of, who, seeing
with what Reluctance and Uneasiness _Cheeseman_ was brought away, told him,
he would join with him, in some Measures, to over-throw the pyratical
Government, telling him withal, their present Condition, what Difficulties
_Phillips_ had met with to make up his Company, and how few voluntary
Pyrates there were on Board, and the like. But, however specious this
seemed, _Cheeseman_ out of Prudence rejected his Offers of Assistance, till
he saw some Proofs of his Sincerity, which after a few Days he was
convinced of, and then they often consulted; but as the old Pyrates were
always jealous of the new Comers, and consequently observant of their
Behaviour; this was done with the utmost Caution, chiefly when they were
lying down together, as tho' asleep, and, at other Times, when they were
playing at Cards; both which they feigned often to do for that Purpose.
The Pyrates went on all the while, plundering and robbing several Ships and
Vessels, bending their Course towards _Newfoundland_, where they designed
to raise more Men, and do all the Mischief they could on the Banks, and in
the Harbours.
_Newfoundland_ is an Island on the North Continent of _America_, contained
between the 46 and 53° of N. Latitude, discovered first by St. _Sebastion
Cabot_ A. D. 1497, but never settled till the Year 1610; when Mr. _Guy_ of
_Bristol_ revived the Affair, and obtained a Patent, and himself to be
Governor. The Island is deserted by the Natives and neglected by us, being
desolate and Woody, and the Coast and Harbour only held for the Conveniency
of the Cod Fishery, for which alone they were settled.
The Bays and Harbours about it, are very numerous and convenient, and being
deeply indented, makes it easy for any Intelligence quickly to pass from
one Harbour to another over Land; especially the principal, St. _John_'s
and _Placentia_, when the Appearance of an Enemy makes them apprehend
Danger.
They are able to cure and export about 100000 Quintals (100 Weight each) of
Fish, annually, which returns to _England_ in Money, or the necessary
Commodities of _Portugal, Spain_ and _Italy._ As it therefore expends
abundance of Rum, Molossus and Sugar, the Product of our _West-India_
Colonies, and employs a Number of Fishermen from home every Season, by
whose Industry and Labour only this Fish is purchased, it may very well be
reckon'd an advantagious Branch of Trade.
But the present Design of this Digression being not to give an exact
Description of the Country or Fishery; but rather how it accidentally
contributes to raise, or support the Pyrates already rais'd, I shall
observe,
First, That our West Country Fishing-Ships, _viz._ from _Topsham,
Barnstable_ and _Bristol_, who chiefly attend the Fishing Seasons,
transport over a considerable Number of poor Fellows every Summer, whom
they engage at low Wages, and are by their Terms to pay for Passage back to
_England._ When the _Newfoundland_ Ships left that Country, towards Winter,
in the Year 1720, these Passengers muster'd 1100, who, during the Season of
Business, (the Hardness of their Labour, and Chilness of the Nights,
pinching them very much) are mostly fond of drinking Black Strap, (a strong
Liquor used there, and made from Rum, Molossus, and Chowder Beer;) by this
the Majority of them out-run the Constable, and then are necessitated to
come under hard Articles of Servitude for their Maintenance in the Winter;
no ordinary Charge, indeed, when the Barrenness of the Country is
consider'd, and the Stock of Provision laid in, happen to fall short, in
Proportion to the Computation made of the People remaining there the
Winter, which are generally about 17 or 1800. The Masters residing there
think Advantages taken on their Necessities, no more than a just and lawful
Gain; and either bind such for the next Summer's Service, or sell their
Provisions out to them at extravagant Rates; Bread from 15s. to 50,
immediately at the departing of the Ships, and so of other sorts of Food in
Proportion; wherefore not being able to subsist themselves, or in any
likely Way of clearing the Reckoning to the Masters, they sometimes run
away with Shallops and Boats, and begin on pyratical Exploits, as
_Phillips_ and his Companions, whom we are now treating of, had done.
And secondly (which is more opportunely for them,) they are visited every
Summer, almost, by some Set of Pyrates or other, already rais'd, who call
here for the same Purpose, (if young Beginners) and to lay in a Store of
Water and Provisions, which they find imported, much or little, by all the
Ships that use the Trade.
Towards this Country _Phillips_ was making his Way, and took on the Voyage,
besides those abovementioned, one _Salter_, in a Sloop off the Isle of
_Sables_, which Vessel they made use of themselves, and gave back
_Mortimer_'s Ship to the Mate and Crew. The same Day, _viz._ the 4th of
_April_, took a Scooner, one _Chadwell_, Master, which they scuttled, in
order to sink; but Capt. _Phillips_ understanding that she belong'd to Mr.
_Minors_ at _Newfoundland_, with whose Vessel they first went off a
pyrating, a Qualm of Conscience came athwart his Stomach, and he said to
his Companions, _We have done him Injury enough already_; so order'd the
Vessel immediately to be repair'd, and return'd her to the Master.
That Afternoon they chac'd another Vessel, and at Night came up with her,
the Master of which was a Saint of _New-England_, nam'd _Dependance
Ellery_, who taking _Phillips_ for a Pyrate, he told him was the Reason
that he gave him the Trouble of chacing so long; which being resented by
these Men of Honour, they made poor _Dependance_ dance about the Deck till
he was weary.
Within few Days several other Vessels had the same Misfortune, the Masters
Names were as follow, _Joshua Elwell, Samuel Elwell_, Mr. _Combs_, Mr.
_Lansly, James Babston, Edward Freeman_, Mr. _Start, Obediah Beal, Erick
Erickson_ and _Benjamin Wheeler._
The 14th of _April_ they took a Sloop belonging to Cape _Ann, Andrew
Harradine_ Master; they look'd upon this Vessel more fit for their Purpose,
and so came aboard, keeping only the Master of her Prisoner, and sending
_Harradine_'s Crew away in _Salter_'s Vessel, which they, till this Time,
detain'd. To this _Harradine, Cheeseman_ the Carpenter, broke his Mind, and
brought him into the Confederacy to destroy the Crew, which was put in
Execution four Days afterwards.
_Harradine_ and the rest were for doing the Business in the Night, as
believing they might be more opportunely surpriz'd; for _Nut_, the Master,
being a Fellow of great Strength, and no less Courage, it was thought
dangerous to attack him without Fire-Arms; however, _Cheeseman_ was
resolute to have it perform'd by Day-light, as the least liable to
Confusion; and as to the Master, he offer'd to lay Hands on him first: Upon
this 'twas concluded on, 12 at Noon was the appointed Time; in order for
the Business _Cheeseman_ leaves his working Tools on the Deck, as though he
had been going to use them, and walked aft; but perceiving some Signs of
Timidity in _Harradine_, he comes back, fetches his Brandy Bottle and gives
him and the rest a Dram, then drank to _Burril_, the Boatswain, and the
Master, _To their next merry Meeting_, and up he puts the Bottle; then he
takes a Turn with _Nut_, asking what he thought of the Weather, and such
like. In the mean while _Filemore_ takes up the Axe, and turns it round
upon the Point, as if at Play, then both he and _Harradine_ wink at him,
thereby letting him know they were ready; upon which Signal he seizes _Nut_
by the Collar, with one Hand between his Legs, and toss'd him over the Side
of the Vessel, but, he holding by _Cheeseman_'s Sleeve, said, _Lord have
Mercy upon me! what are you going to do, Carpenter?_ He told him it was an
unnecessary Question, _For_, says he, _Master, you are a dead Man_, so
strikes him over the Arm, _Nut_ looses his Hold, tumbles into the Sea, and
never spoke more.
By this time the Boatswain was dead; for as soon as _Filemore_ saw the
Master laid hold of, he raised up the Axe, and divided his Enemy's Head in
two: The Noise brought the Captain upon Deck, whom _Cheeseman_ saluted with
the Blow of a Mallet, which broke his Jaw-Bone, but did not knock him down;
_Harradine_ came in then with the Carpenter's Adds, but _Sparks_, the
Gunner, interposing between him and Captain _Phillips, Cheeseman_ trips up
his Heels, and flung him into the Arms of _Charles Ivymay_, one of his
Consorts, who that Instant discharg'd him into the Sea; and at the same
Time _Harradine_ compassed his Business with the Captain aforesaid:
_Cheeseman_ lost no Time, but from the Deck jumps into the Hold, and was
about to beat out the Brains of _Archer_, the Quarter-Master, having struck
him two or three Blows with his blunt Weapon the Mallet, when _Harry
Giles_, a young Lad, came down after him, and desir'd his Life might be
spar'd, as an Evidence of their own Innocence; that he having all the Spoil
and Plunder in his Custody, it may appear, that these tragick Proceedings
were not undertaken with any dishonest View of seizing or appropriating the
Effects to themselves; which prudent Advice prevail'd, and he and three
more were made Prisoners, and secured.
The Work being done, they went about Ship, altered the Course from
_Newfoundland_ to _Boston_, and arrived safe the 3d of _May_ following, to
the great Joy of that Province.
On the 12th of _May_, 1724, a special Court of Admiralty was held for the
Tryal of these Pyrates, when _John Filmore, Edward Cheeseman, John Combs,
Henry Giles, Charles Ivymay, John Bootman_, and _Henry Payne_, the seven
that confederated together for the Pyrates Destruction, were honourably
acquitted; as also three _French_ Men, _John Baptis, Peter Taffery_, and
_Isaac Lassen_, and three Negroes, _Pedro, Francisco_, and _Pierro._ And
_John Rose Archer_, the Quarter-Master, _William White, William Taylor_,
and _William Phillips_, were condemned; the two latter were reprieved for a
Year and a Day, in order to be recommended (though I don't know for what)
as Objects of his Majesty's Mercy. The two former were executed on the 2d
of _June_, and dy'd very penitently, making the following Declarations at
the Place of Execution, with the Assistance of two grave Divines that
attended them.
_The dying Declarations of_ John Rose Archer _and_ William White, _on
the Day of their Execution at_ Boston, June 2, 1724, _for the Crimes of
Pyracy._