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[Transcriber's Notes: This book contains documents written in 17th- and
18th-Century English, Dutch, French, and other languages.
Inconsistencies of spelling, punctuation, capitalization, and
hyphenation have been preserved as they appear in the original. (See
the last paragraph of the Preface for the editor's note on this.)
A few obvious printer errors in the editor's footnotes have been
corrected.
This book contains characters with macrons, which are represented here
in brackets with an equal sign, e.g., [=a].
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matter. These are represented here as a series of four hyphens.
In the original, there are a few numbers enclosed in square brackets.
They are here enclosed in curly brackets, in order to avoid confusion
with the square-bracketed footnote numbers used in this e-text.]
PRIVATEERING AND PIRACY
IN THE
COLONIAL PERIOD: ILLUSTRATIVE DOCUMENTS
EDITED UNDER THE AUSPICES OF
THE NATIONAL SOCIETY OF THE
COLONIAL DAMES OF AMERICA
BY
JOHN FRANKLIN JAMESON
DIRECTOR OF THE DEPARTMENT OF HISTORICAL RESEARCH IN
THE CARNEGIE INSTITUTION OF WASHINGTON
New York
THE MACMILLAN COMPANY
1923
TO THE HONORED MEMORY OF
JOHN JAMESON
OF BOSTON
1828-1905
VOYAGER, TEACHER, LAWYER, SCHOLAR
WHOSE LOVE OF LEARNING AND WHOSE UNSELFISH
DEVOTION MADE IT NATURAL AND POSSIBLE
THAT I SHOULD LEAD THE STUDENT'S LIFE
PREFACE
The National Society of the Colonial Dames of America have formed the
laudable habit of illustrating the colonial period of United States
history, in which they are especially interested, by published volumes
of original historical material, previously unprinted, and relating to
that period. Thus in the course of years they have made a large
addition to the number of documentary sources available to the student
of that period. First they published, in 1906, in two handsome
volumes, the _Correspondence of William Pitt, when Secretary of State,
with Colonial Governors and Military and Naval Commanders in America_,
edited by the late Miss Gertrude Selwyn Kimball, containing material
of great importance to the history of the colonies as a whole, and of
the management of the French and Indian War. Next, in 1911 and 1914,
they published the two volumes of Professor James C. Ballagh's
valuable edition of the _Letters of Richard Henry Lee_. Then, in 1912,
they brought out, again in two volumes, the _Correspondence of
Governor William Shirley_, edited by Dr. Charles H. Lincoln, and
illustrating the history of several colonies, particularly those of
New England, during the period of what in our colonial history is
called King George's War. More recently, in 1916, the Society
published an entertaining volume of hitherto unprinted _Travels in the
American Colonies_, edited by Dr. Newton D. Mereness.
It was resolved that the next volume after these should be devoted to
documents relating to maritime history. In proportion to its
importance, that aspect of our colonial history has in general
received too little attention. In time of peace the colonists, nearly
all of whom dwelt within a hundred miles of ocean or tidewater,
maintained constantly a maritime commerce that had a large importance
to their economic life and gave employment to no small part of their
population. In time of war, their naval problems and dangers and
achievements were hardly less important than those of land warfare,
but have been far less exploited, whether in narrative histories or in
volumes of documentary materials. Accordingly the Society's Committee
on Publication readily acceded to the suggestion that a volume should
be made up of documents illustrating the history of privateering and
piracy as these stand related to the life of America during the
colonial period--for it is agreed that few aspects of our maritime
history in that period have greater importance and interest than these
two. In some of our colonial wars, as later in those of the Revolution
and of 1812, American privateering assumed such proportions as to make
it, for brief periods, one of the leading American industries. We
cannot quite say the same concerning American piracy, and indeed it
might be thought disrespectful to our ancestors--or predecessors, for
pirates mostly died young and left few descendants--but at least it
will be conceded that piracy at times flourished in American waters,
that not a few of the pirates and of those on shore who received their
goods and otherwise aided them were Americans, that their activities
had an important influence on the development of American commerce,
and that documents relative to piracy make interesting reading.
It is a matter for regret and on the editor's part for apology, that
the book should have been so long in preparation. Work on it was begun
prosperously before our country was engaged in war, but the "spare
time" which the editor can command, always slight in amount, was much
reduced during the period of warfare. Moreover, the Society, very
properly, determined that, so long as war continued, the publication
of their volumes and the expenditures now attendant upon printing
ought to be postponed in favor of those patriotic undertakings,
especially for the relief of suffering, which have made their name
grateful to all lovers of the Navy and in all places where the
_Comfort_ and the _Mercy_ have sailed.
It may be objected against the plan of this book, that privateering
and piracy should not be conjoined in one volume, with documents
intermingled in one chronological order, lest the impression be
created that piracy and privateering were much the same. It is true
that, in theory and in legal definition, they are widely different
things and stand on totally different bases. Legally, a privateer is
an armed vessel (or its commander) which, in time of war, though
owners and officers and crew are private persons, has a commission
from a belligerent government to commit acts of warfare on vessels of
its enemy. Legally, a pirate is one who commits robbery or other acts
of violence on the sea (or on the land through descent from the sea)
without having any authority from, and independently of, any organized
government or political society. (Fighting and bloodshed and murder,
it may be remarked by the way, though natural concomitants of the
pirate's trade, are not, as is often supposed, essentials of the crime
of piracy.) But wide as is the legal distinction between the
authorized warfare of the privateer and the unauthorized violence of
the pirate, in practice it was very difficult to keep the privateer
and his crew, far from the eye of authority, within the bounds of
legal conduct, or to prevent him from broadening out his operations
into piracy, especially if a merely privateering cruise was proving
unprofitable. Privateering was open to many abuses, and it was not
without good reason that the leading powers of Europe, in 1856, by the
Declaration of Paris, agreed to its abandonment.
The object of the following collection of documents is not to give the
whole history of any episode of piracy or of the career of any
privateer, but rather, by appropriate selection, to illustrate, as
well as is possible in one volume, all the different aspects of both
employments, and to present specimens of all the different sorts of
papers to which they gave rise. Nearly all the pieces are documents
hitherto unprinted, but a few that have already been printed, mostly
in books not easy of access, have been included in order to round out
a story or a series. The collection ends with the termination of the
last colonial war in 1763. Presented in chronological order, it may
have a casual, as it certainly has a miscellaneous, appearance. But
variety was intended, and on closer inspection and comparison the
selection will be seen to have a more methodical character than at
first appears, corresponding to the systematic procedure followed in
privateering, in prize cases, and in trials for piracy.
On the outbreak of war in which Great Britain was involved, it was
customary for the King to issue a commission to the Lord High Admiral
(or to the Lords of the Admiralty appointed to execute that office)
authorizing him (or them) to empower proper officials, such as
colonial governors, to grant letters of marque, or privateering
commissions, to suitable persons under adequate safeguards.[1] The
Lords of the Admiralty then issued warrants to the colonial governors
(see doc. no. 127), authorizing them to issue such commissions or
letters of marque. A specimen American privateering commission may be
seen in doc. no. 144; a Portuguese letter of marque, and a paper by
which its recipient purported to assign it to another, in docs. no. 14
and no. 15. Royal instructions were issued to all commanders of
privateers (doc. no. 126), and each was required to furnish, or
bondsmen were required to furnish on his behalf, caution or
security[2] for the proper observance of these instructions and the
payment of all dues to the crown or Admiralty. Relations between the
commander and the crew, except as regulated by the superior authority
of these instructions and of the prize acts or other statutes, were
governed by the articles of agreement (doc. no. 202) signed when
enlisting.
[Footnote 1: See R.G. Marsden in _English Historical Review_, XXI.
251-257, and a commission in Rymer's _Foedera_, XVIII. 12.]
[Footnote 2: Specimen (1762) in Anthony Stokes, _A View of the
Constitution of the British Colonies_ (London, 1783), pp. 315-317.]
These were the essential documents of a privateering voyage. There
would probably be also accounts for supplies, like John Tweedy's very
curious bill for medicines (doc. no. 158), and accounts between crew
and owners (doc. no. 146), and general accounts of the voyage (doc.
no. 159). There might be an agreement of two privateers to cruise
together and divide the spoil (doc. no. 160). There might even be a
journal of the whole voyage, like the extraordinarily interesting
journal kept on the privateer _Revenge_ by the captain's
quartermaster in 1741 (doc. no. 145), one of the very few such
narratives preserved. Other documents of various kinds, illustrating
miscellaneous incidents of privateering, will be found elsewhere in
the volume.
Both privateers and naval vessels belonging to the government made
prize of ships and goods belonging to the enemy, but many questions
were certain to arise concerning the legality of captures and
concerning the proper ownership and disposal of ships and goods. Hence
the necessity for prize courts, acting under admiralty law and the law
of nations. The instructions to privateers required them (see doc. no.
126, section III.) to bring captured ships or goods into some port of
Great Britain or her colonial dominions, for adjudication by such a
court. In England, it was the High Court of Admiralty that tried such
cases. At the beginning of a war, a commission under the Great
Seal,[3] addressed to the Lords of the Admiralty, instructed them to
issue a warrant to the judge of that court, authorizing him during the
duration of the war to take cognizance of prize causes. After 1689, it
was customary to provide for trial of admiralty causes in colonial
ports by giving to each colonial governor, in addition to his
commission as governor, a commission as vice-admiral. Before 1689,
this was done in a few instances, chiefly of proprietary colonies, the
earliest such instance being that exhibited in our doc. no. 1; but in
the case of colonies having no royal governor (corporation colonies)
we find various courts in that earlier period exercising admiralty
jurisdiction (docs. no. 8, no. 25, no. 48, and no. 105, note 1). From
Queen Anne's reign on (doc. no. 102), jurisdiction in prize causes was
conferred, as in the case of the judge of the High Court of Admiralty
in London, by warrant (doc. no. 182) from the Lord High Admiral or
Lords of the Admiralty pursuant to the commission issued to them, as
stated above, at the beginning of the war. In doc. no. 116 we see the
judge of the High Court of Admiralty expressing the belief that it
would be better if all prizes were brought to his court in London for
adjudication, but the inconvenience would have been too great.
[Footnote 3: Such a commission (1748) is printed in R.G. Marsden, _Law
and Custom of the Sea_ (Navy Records Society), II. 279, and another
(1756) in Stokes, p. 278.]
The governor's commission as vice-admiral, issued (after 1689, at any
rate) under the great seal of the High Court of Admiralty, gave him
authority to hold an admiralty court in person. Often the governor was
not well fitted for such work, though not often so frank as Sir Henry
Morgan (doc. no. 46, note 1) in admitting his deficiencies. As
admiralty business increased, it became customary to appoint admiralty
judges to hold vice-admiralty courts in individual colonies, or in
groups of colonies. Sometimes, especially in the earlier period, they
were commissioned by the governor of the colony acting under a warrant
from the Lords of the Admiralty (doc. no. 69) empowering him so to do;
more often they were commissioned directly by those lords, under the
great seal of the Admiralty. Doc. no. 180 is a commission of the
former sort, doc. no. 181 of the latter. When war broke out, authority
to try prize cases was conveyed, as above, to the vice-admiral, the
vice-admiralty judge, and their deputies.
In the trial of a prize case, the first essential document was the
libel (docs. no. 99, no. 128, no. 165, no. 184, and no. 188), by which
claim was laid to ship or goods. Witnesses were examined, chiefly by
means of the systematic series of questions called standing
interrogatories (doc. no. 183). Their testimony, taken down in written
depositions, constitutes much the largest class of documents in this
volume. Most narratives of privateering or of piracy are found in the
form of depositions. Reports of trials, embracing proceedings and
documents and testimony, are found in docs. no. 128, no. 143, and no.
165; sentences or decrees of the judge in docs. no. 143, no. 150, and
no. 155; inventories of prizes in docs. no. 33 and no. 161; an account
of sales in doc. no. 186.
If a party to a prize appealed from the sentence of the vice-admiralty
court (docs. no. 151 and no. 196), he was required to give bond (doc.
no. 152) for due prosecution of the appeal in England. From 1628 to
1708 such appeals were heard by the High Court of Admiralty; after
1708 they went to a body of privy councillors specially commissioned
for the purpose, called the Lords Commissioners of Appeal in Prize
Causes (see doc. no. 151, note 1). A specimen of a decree of that
tribunal reversing the sentence of a colonial vice-admiralty court is
in doc. no. 195.[4]
[Footnote 4: For a report of these commissioners _approving_ the
sentence of the court below, see Stokes, pp. 325-326.]
Piracy being from its very nature a less formal proceeding than
privateering, there are fewer formal documents to present as essential
to its history. In the seventeenth century, there are instances of
trials for piracy by various courts: _e.g._, the Court of Assistants
in Massachusetts in 1675 (doc. no. 41, note 1) and the Massachusetts
Superior Court in 1694 (doc. no. 56, note 2). But the regular method,
which came to prevail, was trial by special commissions appointed for
the purpose, similar to those which were appointed for the trial of
pirates in England by virtue of the statute 28 Henry VIII. c. 15
(1536). We have such a colonial commission, appointed by the governor,
in doc. no. 51 (1683). In 1700 the statute 11 and 12 William III. c. 7
extended to the plantations the crown's authority to appoint such
commissions (see docs. no. 104, note 1, no. 106, note 1, and no. 201).
A curious signed agreement to commit piracy will be found in doc. no.
50; indictments for that crime in docs. no. 56, no. 119, and no. 120;
partial records of trials in docs. no. 112, no. 113, and nos. 119-122.
A full account of an execution, explicit enough to satisfy the most
morbid curiosity, is presented in doc. no. 104. Nos. 123 and 124 are
formal bills for the execution, the digging of the graves, and the
cheering drams which the executioners found needful after their grisly
work.
But if American colonial piracy presents a smaller array of legal
documents than American colonial privateering, it makes up for it by
its rich abundance of picturesque narrative and detail. The pieces
here brought together show us piracy off Lisbon and in the East Indies
and at Madagascar, at Portobello and Panama and in the South Sea, in
the West Indies, and all along the Atlantic coast from Newfoundland
to the coast of Guiana. They exhibit to us every relation from that of
the most innocent victim to that of the most hardened pirate chief.
They make it clear how narrow was sometimes the line that divided
piracy and privateering, and how difficult it must have been to learn
the truth from witnesses so conflicting and of such dubious
characters, testifying concerning actions of lawless men in remote
seas or on lonely shores.
Most of the pirates famed in story, who had anything to do with
colonial America, appear in one way or another in these papers. On the
history of Henry Every, for instance, and even on the oft-told tale of
William Kidd, not a little new light is cast. Kidd's letters from
prison, the letter and petitions of his wife, the depositions of
companions, the additional letters of Bellomont, make the story live
again, even though no new evidence appears that is perfectly
conclusive as to the still-debated question of his degree of guilt.
The wonderful buccaneering adventures of Bartholomew Sharp and his
companions, 1680-1682, at the Isthmus of Panama and all along the west
coast of South America, are newly illustrated by long anonymous
narratives, artless but effective. And indeed, to speak more
generally, it is hoped that there are few aspects of the pirate's
trade that are not somehow represented in these pages.
At least it will not be denied that the documents, whether for piracy
or for privateering, show a considerable variety of origins. Their
authors range from a Signer of the Declaration of Independence to an
Irishwoman keeping a boarding-house in Havana, from a minister of
Louis XIV. or a judge of the High Court of Admiralty to the most
illiterate sailor, from Governor John Endicott, most rigid of
Puritans, to the keeper of a rendezvous for pirates and receiver of
their ill-gotten goods. Witnesses or writers of many nationalities
appear: American, Englishmen, Scots, Irishmen, Frenchmen, Dutchmen,
Spaniards, a Portuguese, a Dane or Sleswicker, a Bohemian, a Greek, a
Jew. The languages of the documents are English, French, Dutch,
Spanish, Portuguese, and Latin. Though none of them are in German or
by Germans, not the least interesting pieces in the volume are those
(docs. no. 43, no. 48, and no. 49) which show a curious connection of
American colonial history with the very first (and characteristically
illegal and unscrupulous) exploits of the Brandenburg-Prussian navy.
The range of repositories from which the documents have been procured
is also considerable. Many were found in the state archives of
Massachusetts, many in the files of the Supreme Judicial Court for
Suffolk County, many in the collections of the Massachusetts
Historical Society, others in the archives of Rhode Island and New
York, in the office of the surrogate of New York City, and in the New
York Public Library. A very important source of material,
indispensable indeed for certain classes of document, was the records
and papers of the vice-admiralty courts of the colonial period.
Extensive portions still remain in the case of four of these courts,
at Boston, New York, Philadelphia, and Charleston (see the first
foot-notes to docs. no. 126, no. 184, no. 165, and no. 106,
respectively). A large number of the documents, larger indeed than
from any other repository but one, were drawn from the inexhaustible
stores of the Public Record Office in London, namely, from the
Admiralty and Colonial Office Papers. Others came from the Privy
Council Office; a few, but among them two of the longest and most
interesting, from among the Sloane and Harleian manuscripts in the
British Museum; one whole group from the Rawlinson manuscripts in the
Bodleian Library at Oxford. Three of the Kidd documents were obtained
from among the manuscripts of the Duke of Portland at Welbeck Abbey.
Several of the pieces, and a number of lesser extracts used in
annotations, were taken from colonial newspapers, and two from printed
books not often seen.
Archivists and librarians have assisted the editor with their
customary and never-failing kindness. It is a pleasure to express his
gratitude to Mr. J.J. Tracy and Mr. John H. Edmonds, former and
present archivists of Massachusetts, Mr. Herbert O. Brigham of the
Rhode Island archives, Mr. A.J.F. van Laer and Mr. Peter Nelson of
those of New York; to Mr. Worthington C. Ford and Mr. Julius H.
Tuttle of the Massachusetts Historical Society; to Hon. Charles M.
Hough, judge of the United States Circuit Court in New York; to Miss
C.C. Helm of his office; to the late Miss Josephine Murphy, custodian
of the Suffolk Files; to Miss Mabel L. Webber, secretary and librarian
of the South Carolina Historical Society; to Mr. Victor H. Paltsits of
the New York Public Library; to Rev. Richard W. Goulding, librarian to
the Duke of Portland; and to the authorities of the Public Record
Office, the Privy Council Office, the British Museum, and the Bodleian
Library. Special thanks are due to the officials of three libraries in
which the work of annotation was mostly done--the Library of Congress,
that of the Massachusetts Historical Society, and that of Bowdoin
College. On a few nautical points the editor had the advice of his old
friend the late Captain Charles Cate of North Edgecomb, Maine. And
especially he has to thank the chairman of the Committee on
Publication, Mrs. Charles E. Rieman, for her interest in the work and
for the exemplary patience with which she has borne the delays in its
completion.
It is perhaps needless to say that the spelling of the originals has
been carefully preserved; it is hoped that it would not be thought to
be that of the editor. The punctuation of the originals has not been
deemed equally sacred. In general, it has been reproduced, but where
small alterations would make the sense clear to the modern reader but
could not change it, or where that same effect would be produced by
introducing punctuation-marks, which writers nearly illiterate often
omitted entirely, it has seemed the part of good sense to make
reading-matter readable. Also, names of vessels have been uniformly
italicized even when not underscored in the original manuscripts.
Dates previous to 1752 are old-style dates unless, as in the case of
Dutch or French documents, new style is indicated.
J. FRANKLIN JAMESON.
Washington, October 19, 1923.
CONTENTS
PAGE
PROVIDENCE ISLAND
1. Commission from the Providence Island Company to
Governor Nathaniel Butler as Vice-Admiral. Apr.
23, 1638 1
2. Governor Nathaniel Butler, "Diary of My Present
Employment". Feb.-Mar., 1639 3
_LA GARCE_
3. Articles of Copartnership in New Netherland Privateering.
Dec. 4 (N.S.), 1646 9
4. Articles of Copartnership between Augustin Herrman
and Wyllem Blawfelt. Dec. 4 (N.S.), 1646 11
5. Affidavit: the Capture of the _Tabasco_. July 25
(N.S.), 1649 13
6. Affidavit of Antonio Leon and Fyck Herry. Sept.
27 (N.S.), 1649 14
THE _HOLY GHOST_
7. Declaration of the Massachusetts Council. July 20,
1653 17
8. Declaration of Governor Endicott. Aug. (?), 1653 18
9. Deposition of Matthew Hill. Oct. (?), 1653 20
10. Deposition of Francis Blackman and John Dukley.
Oct. (?), 1653 20
11. Letter of Governor Searle of Barbados. Nov. 4, 1653 21
12. Order of the Massachusetts Council. Jan. 25, 1654 24
13. Vote of the Massachusetts House of Deputies. June
10, 1654 25
THE _BLUE DOVE_
14. Portuguese Commission (Letter of Marque) to
Charles de Bils. Feb. 10 (N.S.), 1658, Sept. 10,
1662 27
15. Commission from de Bils to John Douglas. Sept.
20 (N.S.), 1662 29
16. Deposition of William Browne. June 24, 1664 30
17. Deposition of Marcus Claesz. June 24, 1664 30
18. Deposition of Bartholomew Martin. June 24, 1664 31
19. Commission to James Oliver and Others. July 16,
1664 32
20. Deposition of Daniel Sprague. July (?), 1664 33
21. Deposition of William Browne. July 25, 1664 35
22. Deposition of Robert Lord. July 26, 1664 36
23. Deposition of John Hunter. July 26, 1664 37
24. Deposition of Charles Hadsall. July 27, 1664 39
25. Petition of John Douglas. Aug., 1664 41
26. Plea of John Douglas. (Aug. 8?), 1664 42
27. Power of Attorney from Sir William Davidson. Sept.
13, 1664 44
THE _PROVIDENCE_
28. Certificate of Cornelius de Lincourt. Apr. 12/22,
1673 46
29. Deposition of John Johnson and Henry Harris. Apr.
26, 1673 48
30. Petition of Edward Bant. About Apr. 28, 1673 48
31. Order of the Suffolk County Court. Apr. 29, 1673 50
32. Petition of Henry King. Apr. 30, 1673 50
33. Inventory of the _Providence_. May 5, 1673 51
34. Examination of John Johnson. May 5, 1673 61
35. Declaration of Edward Bant and Others. May 8,
1673 62
36. Declaration of Henry King and John Champion.
May 8, 1673 64
37. Petition of Thomas Raddon. June 10, 1673 67
THE _ST. ANTHONY_
38. Examination of John Tooly. June 17, 1673 68
39. Examination of William Forrest. Oct. 20, 1673 71
40. Petition of Allwin Child. Oct. 24, 1673 72
CASE OF RODRIGUEZ AND RHODES
41. Declaration of Thomas Mitchell. May 24, 1675 74
42. Declaration of Edward Youreing. May 24, 1675 76
BRANDENBURG PRIVATEERS
43. Seignelay to Colbert. May 8 (N.S.), 1679 82
BARTHOLOMEW SHARP AND OTHERS
44. The Buccaneers at Portobello. 1680 84
45. The Buccaneers on the Isthmus and in the South Sea.
1680-1682 92
46. Sir Henry Morgan to Sir Leoline Jenkins. Mar. 8,
1682 133
47. Deposition of Simon Calderon. 1682 135
THE _SALAMANDER_
48. Petition of Paul Sherrett and Claes Pietersen. Aug.
2, 1681 138
49. Deposition of Samuel Button. Aug. 11, 1681 140
THE _CAMELION_
50. Agreement to Commit Piracy. June 30, 1683 141
51. Court for the Trial of Piracy: Commission. Sept.
15, 20, 1683 143
CASE OF WILLIAM COWARD
52. William Coward's Plea. 1690 145
CASE OF BENJAMIN BLACKLEDGE
53. Declaration of Jeremiah Tay and Others. Mar.,
1691 (?) 147
54. Deposition of Epaphras Shrimpton. July, 1694 (?) 149
55. Deposition of Jeremiah Tay. July 6, 1694 150
56. Indictment of Benjamin Blackledge. Oct. 30, 1694 151
* * * * *
57. Deposition of Thomas Larimore. Oct. 28, 1695 152
CASE OF HENRY EVERY
58. Petition of the East India Company. July, 1696 153
59. Extract, E.I. Co. Letter from Bombay. May 28,
1695 155
60. Abstract, E.I. Co. Letters from Bombay. Oct. 12,
1695 156
61. Letter from Venice. May 25, 1696 159
62. Abstract, Letters from Ireland. June 16-July 7, 1696 160
63. Examination of John Dann. Aug. 3, 1696 165
64. Affidavit of Philip Middleton. Nov. 11, 1696 171
65. Deposition of Samuel Perkins. Aug. 25, 1698 175
66. Certificate for John Devin (Bahamas). Sept. (?)
20, 1698 178
67. Certificate for John Devin (Massachusetts). Oct.
25, 1698 179
68. Deposition of Adam Baldridge. May 5, 1699 180
* * * * *
69. Warrant for Commissioning of Admiralty Judge.
Apr. 29, 1697 187
70. Proclamation of Lieut.-Gov. Stoughton. June 4, 1698 188
CASE OF WILLIAM KIDD
71. Deposition of Benjamin Franks. Oct. 20, 1697 190
72. The President and Council of the Leeward Islands
to Secretary Vernon. May 18, 1699 195
73. Examination of Edward Buckmaster. June 6, 1699 197
74. Deposition of Theophilus Turner. June 8, 1699 200
75. Memorial of Duncan Campbell. June 19, 1699 202
76. Narrative of William Kidd. July 7, 1699 205
77. Lord Bellomont to the Board of Trade. July 8, 1699 213
78. Petition of Sarah Kidd. July 16 (?), 1699 218
79. Narrative of John Gardiner. July (17), 1699 220
80. Sarah Kidd to Thomas Payne. July 18, 1699 223
81. Petition of Sarah Kidd. July 25, 1699 224
82. Lord Bellomont to the Board of Trade. July 26,
1699 224
83. The Danish Governor of St. Thomas to Lord Bellomont.
Sept. 1, 1699 232
84. Declaration of William Kidd. Sept. 4, 1699 236
85. Lord Bellomont to the Board of Trade. Nov. 29,
1699 237
86. Information of Henry Bolton. Feb. 4, 1701 245
87. William Kidd to the Speaker of the House of Commons
(Robert Harley). Apr. (?), 1701 250
88. William Kidd to Robert Harley (?). May 12, 1701 252
89. _Captain Kid's Farewel to the Seas; or, The Famous
Pirate's Lament._ 1701 253
THE _FIDELIA_
90. Examination of William Sims. Oct. 22, 1699 257
_LA PAIX_
91. Orders of Governor Nicholson to County Officers.
Apr. 28, 1700 259
92. Deposition of William Fletcher. May 2, 1700 262
93. Charles Scarburgh to Governor Nicholson. May
3, 1700 264
94. John and Adam Thorowgood to Captain Passenger.
May 3, 1700 266
95. Benjamin Harrison, jr., to Governor Nicholson. May
4, 1700 267
96. Governor Nicholson to Captain Passenger. May 4,
1700 268
97. William Wilson to Governor Nicholson. May 5,
1700 269
98. Captain Michael Cole to William Wilson. May 5,
1700 270
99. Libel by Captain William Passenger. May 11, 1700 271
100. Deposition of William Woolgar and Others. (June
11, 1700) 272
101. Deposition of Joseph Man. (June 11, 1700) 273
* * * * *
102. Report of Dr. George Bramston. Nov. 27, 1702 275
PRIVATEERS AT MARTINIQUE
103. Letter to _Boston News Letter_. May 8, 1704 276
CASE OF JOHN QUELCH AND HIS FELLOW PIRATES
104. Account of their Execution. June 30, 1704 278
* * * * *
105. Deposition of Paul Dudley. Aug. 15, 1705 285
106. Commission for Trial of Piracy. Nov. 1, 1716 286
THE PIRATES OF THE _WHIDAH_
107. Cyprian Southack to Governor Samuel Shute. May
5 (?), 1717 290
108. Examination of John Brown. May 6, 1717 293
109. Deposition of Thomas FitzGerald and Alexander
Mackonochie. May 6, 1717 296
110. Cyprian Southack to Governor Samuel Shute. May
8, 1717 299
111. Deposition of Ralph Merry and Samuel Roberts.
May 11, 16, 1717 301
112. Trial of Simon van Vorst and Others. (Oct.), 1717 303
113. Trial of Thomas Davis. Oct. 28, 1717 307
114. Memorial of Thomas Davis. 1717 309
115. Petition of William Davis. 1717 311
PRIZE COURTS
116. Sir Henry Penrice to the Secretary of the Admiralty.
Nov. 29, 1718 312
PIRACY OF BARTHOLOMEW ROBERTS
117. EXTRACT FROM THE _BOSTON NEWS-LETTER_. AUG. 22, 1720 313
ADMIRALTY COURTS
118. John Menzies to the Secretary of the Admiralty.
July 20, 1721 318
CASES OF JOHN ROSE ARCHER AND OTHERS
119. Trial of John Fillmore and Edward Cheesman. May
12, 1724 323
120. Trial of William Phillips and Others. May 12, 1724 330
121. Trial of William White, John Rose Archer, and William
Taylor. May 13, 1724 338
122. Trial of John Baptis and Peter Taffery. May 13,
1724 342
123. Bill of Robert Dobney. June 2, 1724 344
124. Bill of Edward Stanbridge. June 2, 1724 345
* * * * *
125. Petition of Nicholas Simons. May, 1725 346
126. Instructions of George II. to Captains of Privateers.
Nov. 30, 1739 347
127. (Draft of) Warrant to Governors to issue Letters of
Marque. Apr. 26, 1740 355
DUMARESQ _vs._ THE _AMSTERDAM POST_
128. Record of the Admiralty Court, and Libel. July 23,
Aug. 30, 1740 356
129. Sea-letter of the _Amsterdam Post_. Sept. 22, 1739
(N.S.) 364
130. Let-pass of the _Amsterdam Post_. Sept. 23, 1739
(N.S.) 365
131. Tonnage Certificate of the _Amsterdam Post_. Sept.
24, 1739 (N.S.) 365
132. Aeneas Mackay's Oath as a Burgher of Amsterdam.
Sept. 16, 1739 (N.S.) 366
133. Lease to Aeneas Mackay. Oct. 2, 1739 (N.S.) 366
134. Certificates of Master and Mate and Register. Oct.
8, 1739 (N.S.) 367
135. Extract from Capt. Mackay's Journal. Nov. 14, 1739 368
136. Protest of Capt. Mackay. Nov. 15, 1739 369
137. Extract from Capt. Mackay's Journal. Nov. 16, 1739 370
138. Certificate of Clearance. Dec. 4, 1739 370
139. Declarations of Sailors. 1740 371
140. Certificate of British Consul in Madeira. Mar. 9,
1740 (N.S.) 372
141. Receipt for Mediterranean Pass. May 29, 1740
(N.S.) 373
142. Certificate of British-Dutch Vice-Consul in Teneriffe.
Apr. 26, 1740 (N.S.) 373
143. Sentence of Admiralty Judge. Sept. 1, 1740 375
THE _REVENGE_
144. Commission of Capt. Benjamin Norton as a Privateer.
June 2, 1741 378
145. Journal of the Sloop _Revenge_. June 5-Oct. 5, 1741 381
146. Account of the Crew with the Owners. Oct. 30, 1741 429
147. Petition and Complaint of John Freebody. Nov. 5,
1741 431
148. Deposition of Jeremiah Harriman. Nov. 25, 1741 434
149. Deposition of Thomas Smith. Nov. 30, 1741 436
150. Decree of Vice-Admiralty Judge. Dec. 7, 1741 439
151. Appeal in Prize Case. Dec. 8, 1741 442
152. Bond for Appeal in Prize Case. Dec. 19, 1741 443
153. Case (Freebody _c. Sarah_) and Opinions of Civilians,
May 17, July 10, 1742 444
154. Letters to Owner from London Agents. June 10,
July 17, 1742 448
155. Decree of Vice-Admiralty Judge. July 7, 1742 450
156. Letters to Owner from London Agents. July 27,
Aug. 13, 1742, Feb. 16, 1743 451
157. Account rendered by a Proctor in London. Feb. 10,
1744 453
158. John Tweedy's Bill for Medicines. Nov. 8, 1743 456
159. Account for the _Revenge_. June, 1744 461
160. Agreement: The _Revenge_ and the _Success_. Nov. 10,
1744 463
161. Inventory and Appraisement of the Prize _Willem_.
June 8, 1745 465
162. A Proctor's Account. 1745 468
163. A List of Gunner's Stores 470
164. Suggestions as to plundering Hispaniola 471
THE _PRINCESS OF ORANGE_
165. Record of Trial (Libel, Bill of Sale, Owner's Letter,
Bills of Lading, Declaration, Affidavit, Portledge
Bill, Depositions). June 11, 1741 473
THE _YOUNG EAGLE_
166. Petition of John Jones. Dec. 30, 1741 492
THE _HAWK_
167. Vote of Privateering Crew. June 29, 1744 494
168. Petition of William Ward. 1744 495
169. Deposition of John Flood and Zechariah Foss. Aug.
3, 1744 496
170. Testimony concerning William Ward. Aug. 4, 1744 498
171. Protest of Sailors. Aug. 13, 1744 499
172. Petition of Henry Johnson. Aug. 27, 1744 501
THE _LEWIS JOSEPH_ AND THE _ST. ANNE_
173. Deposition of Jacques Piegnon. Jan. 24, 1745 502
THE _APOLLO_
174. Deposition of John Brown. Aug. 2, 1745 506
175. Deposition of Diego de Prada y Nieto. Aug. 2, 1745 508
THE _PRINCE CHARLES OF LORRAINE_
176. Deposition of Benjamin Munro and William Kipp.
Apr. 23, 1746 510
177. Deposition of Daniel Vaughan. Sept. 1, 1746 513
THE _ELIZABETH_
178. Deposition of William Dunbar. May 7, 1747 514
* * * * *
179. Petition of Edward Winter. May, 1749 516
180. Commission of a Vice-Admiralty Judge. Sept. 23,
1752 517
181. Commission of a Vice-Admiralty Judge. June 16,
1753 519
182. Warrant to try Prizes. June 5, 1756 524
183. Standing Interrogatories. 1756 525
_LA VIRGEN DEL ROSARIO Y EL SANTO CRISTO DE BUEN VIAGE_
184. Libel of Richard Haddon. Mar. 9, 1757 529
185. Deposition of Francisco Raphe. Mar. 31, 1757 533
186. Account of Sales. July 26, 1757 534
187. Deposition of Don Felipe Ybanez. Sept. 2, 1758 535
188. Libel of Felipe Ybanez. Sept. 27, 1758 542
189. Certificate of Captain-General Cagigal. Nov. 4, 1758 554
190. Deposition of William Haddon. Nov. 16, 1759 556
191. Declaration of Don Geronimo de Medrano. Nov.
19, 1759 560
192. Declaration of Don Joseph de la Vega. Nov. 19, 1759 561
193. Declaration of Domingo de Armas. Nov. 20, 1759 563
194. Declaration of Elizabeth Berrow. Nov. 22, 1759 564
195. Reversal of Sentence by Appellate Court. Dec. 19,
1760 567
196. Appeal of Miller and Simpson. July 7, 1761 569
THE _DAGEROED_
197. Bill of Health. Nov. 9, 1757 570
* * * * *
198. News of Privateers. May 19, 1757 571
199. Letter of William Smith, jr. Apr. 8, 1757 573
200. Letter of Stephen Hopkins. Jan. 15, 1759 575
201. Notes on Commissions for Trying Pirates. Mar. 10,
1762, Aug. 26, 1772 577
202. Articles of Agreement; the _Mars_. June 23, 1762 581
203. Certificate of a Negro's Freedom. June 26, 1762 586
PRIVATEERING AND PIRACY
IN THE COLONIAL PERIOD
PROVIDENCE ISLAND.
_1. Commission from the Providence Island Company to Governor
Nathaniel Butler as Vice Admiral. April 23, 1638._[1]
[Footnote 1: Public Record Office of Great Britain, C.O. 124:1, p.
118. This document and the next take us back to an almost-forgotten
colonial experiment of the English Puritans, contemporary with their
undertakings in New England but far removed from them in locality. Old
Providence Island--to be distinguished from New Providence (Nassau) in
the Bahamas--is an isolated little island in the western Caribbean
lying off the coast of Nicaragua. It now belongs to Colombia, and is
often called Santa Catalina. In 1630 a company of English investors,
desiring to found a Puritan colony, and also to oppose Spain in the
Caribbean, obtained from Charles I. a patent for a large area
including Providence and other islands. John Pym was their leading
member. The history of their colony is interestingly recounted in
Professor A.P. Newton's _The Colonizing Activities of the English
Puritans_ (New Haven, 1914). The colony became merely a base for
privateering against the Spaniards, who conquered and suppressed it in
1641. Thomas Gage, who passed by the island in a Spanish ship in 1637,
says, "The greatest feare that I perceived possessed the Spaniards in
this Voyage, was about the Island of Providence, called by them Sta.
Catarina or St. Catharine, from whence they feared lest some English
Ships should come out against them with great strength. They cursed
the English in it, and called the Island the den of theeves and
Pirates." _The English American, or A New Survey of the West-India's_
(London, 1648), p. 199. For the whole matter of West Indian
buccaneering, see Miss Violet Barbour's article, "Privateers and
Pirates of the West Indies", in the _American Historical Review_, XVI.
529-566.]
Commission to Captain Butler[2] for the Admiraltie of the Island.
[Footnote 2: Nathaniel Butler, third governor of Providence Island,
sent out with a considerable expedition in April, 1638, had earlier
been governor of Bermuda and then a member of the royal council for
Virginia.]
To all to whome theis presents shall come, we the Governor and Company
etc. send greetinge. Wheras our gracious Soveraigne Lord King Charles
hath by his Letters patent bearing date the 4th day of December in the
6th yeare of his Raigne,[3] for himselfe, his heires and successors,
given and graunted to us and our successors, assignes and deputies for
ever All Admirall rights, benefits and jurisdiccions and likewise all
priviledges and Comodityes to the said Admirall jurisdiccion in any
wise appertayneinge or belonging, in and upon the seas rivers and
Coastes of the Island of Providence, Henrietta[4] and all other
Islands within the Limits of his Majestys grant to us made and everie
or any of them within 40 Leagues of any the said Islands and in and
upon all other Rivers and Creekes within the said Limits, And likewise
power to hold and determine all manner of Causes and pleas for and
Concerning the same,[5] Now know ye that we the said Governor and
Company confiding in the Fidelitie and Judgment of Captain Nathaniel
Butler, now bound in a voyage to the Island of Providence, have
elected, Constituted and deputed and doe hereby elect, constitute and
depute the said Captain Nathaniel Butler, to be Admirall of the said
Island of Providence, Hereby giveing and graunting to the said Captain
Nathaniel Butler full power and authority to doe and execute (with the
advise of the Counsell of warre which shall from time to time be
established by us in the said Island) all matters and things
concerning the said place of Admirall according to the Instruccions
that we or our successors shall from time to time give and direct for
and Concerning the execucion thereof, Nevertheless reserving to our
selves all such Admirall duties as shall be payable and accomptable
for or in respect of the same, other then[6] such priviledges and
benefits as shall upon agreement betweene us and the said Captain
Butler be assigned and appropriated to him, To have, hould and
exercise the said place of Admirall of the said Island untill we shall
otherwise dispose of the same. And we do require all persons
whatsoever from time to time resideing in the said Island that shall
at any tyme abide or be in the harbours, ports or Creeks of the same,
to yeild and give all due obedience and respect to the lawfull
Commands of the said Captain Butler as Admirall of the said Island, as
they will answer the Contrary at their perills. Given under our Common
Seale this 23th day of Aprill In the XIIII yeare of the raigne of our
Soveraigne Lord Charles, by the grace of God King of England,
Scotland, France and Ireland, Defendor of the Faith, etc. And in the
yeare of our Lord God 1638.
[Footnote 3: December 4, 1630. The patent is summarized by Newton, pp.
86-90, and the part conferring admiralty rights is printed in R.G.
Marsden, _Law and Custom of the Sea_ (Navy Records Society), I.
470-472.]
[Footnote 4: Henrietta lay some sixty miles southwest of Providence.]
[Footnote 5: A very exceptional grant of power, including the right to
grant letters of marque. R.G. Marsden, "Early Prize Jurisdiction and
Prize Law in England," in _English Historical Review_, XXV. 257.]
[Footnote 6: Than.]
H. DARLEY, Deputy.[7] RO. WARWICK.
W. SAY AND SEALE. E. MANDEVILLE.
RO. BROOK. JO. PYM. JO. GOURDEN.
[Footnote 7: The signers are as follows. Henry Darley, deputy
treasurer, a Yorkshire squire, was a conspicuous Puritan and an
intimate friend of Pym. Robert Rich (1587-1658), second earl of
Warwick, afterward a chief leader of the Puritans in the Civil War,
and lord high admiral under Parliament, had before this been
conspicuous in privateering and colonial ventures, and president of
the Council for New England. Viscount Saye and Sele (1582-1662) and
Lord Brooke (1608-1643), eminent Puritan and Parliamentarian lords,
are best known in American history as patentees of the Saybrook
colony, but were much more deeply interested in the Providence Island
venture. Edward viscount Mandeville (courtesy title borne until his
father's death in 1642) is better known as the second earl of
Manchester (1602-1671), the celebrated Parliamentarian general. John
Pym needs no identification. John Gourdon or Gurdon was an East
Anglian squire, neighbor of John Winthrop of Groton.]
_2. Governor Nathaniel Butler, "Diary of my Present Employment".
February-March, 1639._[1]
[Footnote 1: British Museum, Sloane MSS., 758; pp. 143-173 contain
Gov. Nathaniel Butler's "Diary of my Present Employment", extracts
from the earlier part of which are given here, exhibiting the dealings
of a minor colonial governor with problems of privateering, and
incidentally somewhat of his daily life. The whole journal runs from
February 10, 1639, to May 3, 1640, and is largely occupied with an
unsuccessful privateering voyage in the Caribbean which the governor
undertook on his own account. England was not at war in February,
1639, but war had long existed between Spain and the Netherlands, and
the depredations carried out from Providence were sure ultimately to
provoke Spanish reprisals. It was moreover almost an accepted maxim
that there was "No peace beyond the Line", _i.e._, west of the prime
meridian and south of the Tropic of Cancer.]
[_February_] 13. Wee hadd an alarme this morneinge, and in regard that
the sayle that wee made came to an Anchor close without our Rocks
called the Breakers, wee sone found that she was a stranger and in
perill: wherupon I sent out two shalopes well manned and followed
myself in the thirde: and by the waye wee mett with her bote being
only a Canow in which all of her men wer come off from her and left
her alone; But wee tooke two of her men backe with us to the shypp;
and sent two of my Botes to bring her into the Harbour;[2] the which
was done: Wee founde her to be a Spanish Frigate, taken by a man of
Warre of Flushinge off of Cuba. she was laden with mantega de
Porco,[3] Hides and tallowe; their resolution was to have carried her
to St. Christophers,[4] and ther to have sold her Goods, but being not
able to fetch itt, she was forced to beare up for our Iland; and but
for us had wracked upon our rocks; shee was manned with eight men; and
the man of warre that tooke her haveinge dispatched her as he thought
for St. Christophers, remained upon the Coast of Hispaniola to looke
out for more purchase:[5] and in the meantime, little knows what is
become of his Prize.
[Footnote 2: The harbor, and the town of New Westminster, were on the
northwest side of the island. There is a map in Newton, opp. p. 12.]
[Footnote 3: Lard.]
[Footnote 4: St. Christopher's was at this time occupied jointly by
the English and the French.]
[Footnote 5: In the old sense of prey or plunder.]
14. I dined at Captain Morgan's. After dinner the Councell of Warre
wer assembled at my house; wher some propositions wer considered off
touchinge the new come Dutche; as alsoe about some redresses in
respect of wronngs pretended to be offred by our Pillageinge seamen.
15. I was att Warwicke Fort[6] this morneinge, wher I called a
Counsell of warre; and the new come in Dutche presented a coppy of
their Commission signed by the Prince of Orange and the Dutche West
India Company. After dinner being newly returned home, wee hadd an
alarme, upon the discovery of a sayle; and I went presently out in my
shalope and sent Captaine Axe out in his shalope to make a discoverye
upon her; she proved to be another smale man of warre of Holland
which had bin long upon the coast of the terra firma;[7] and hadd
gotten nothinge; towards the eveninge she came to an Anchor in our
Harbour. This vessell comeinge to the Ronchadores (it being only a
desolate barren rocky sande twentie leagues to the eastwards of
Providence, which is the nearest land unto itt)[8] found ther an
Englishman the which with some others being in a smale frigate wer
shypwracked upon itt, some of them gott awaye upon two rafts of which
the one of them was never hearde off; Thoes upon the other raft wer
driven upon the maine-land of the West-Indies, and soe att last gott
home. This man with some others remained upon the sande and rocks;
wher att last all of them died save this man only; who after he hadd
remained ther two yeares and a halfe of which for ten monethes space,
after the deathe of all the rest, he lived solitarily and all alone,
being only fedd with such sea foules as resorted to the place, and
sometimes some fish, he was thus taken and brought home unto us in
good healthe and very lusty.
[Footnote 6: Warwick Fort overlooked the harbor from its north side.
Capt. Samuel Axe, mentioned below, a soldier of the Dutch wars, had
made the fortifications of the island.]
[Footnote 7: Tierra Firma, the Spanish Main, or north coast of South
America.]
[Footnote 8: Roncador means snorer; the cay is still called by that
name. The story of this man's shipwreck and preservation figures in
Increase Mather's _Essay for the Recording of Illustrious Providences_
(London, 1684), ch. II. The famous U.S.S. _Kearsarge_ was wrecked on
the Roncadores in 1894.]
16. I went very early this mornenige to the greate Baye, wher my
worcks went forwards well and almost to my wish. In the afternoone
being returned home, I spent some houres in the hearinge of divers
controversies amongst the Inhabitants. Towards night the Commander of
the Dutche Vessel that came into our Harbour the daye before presented
himself unto me and shewed me his Commission signed by the Prince of
Aurenge:[9] His errand hither was to find and stoppe a leake; haveinge
bin foure or five monethes upon the coast, and gotten noethinge. This
morneing also, another of the new Companyes was in their Armes, upon
the great Baye; and exercised by Captain Carter[10] in my presence,
and did well.
[Footnote 9: Orange.]
[Footnote 10: Capt. Andrew Carter succeeded Butler, as deputy
governor, and lost the island to the Spaniards.]