1673. the foresd forist beinge examined acknowlegeth that he was owne
of that mutinous Company that Raised Reblion in the ship Called the
_Sainte Anthony_ upon the Coaste of portingall, one hundred and tenn
leags from Land, and theire with others did deprive John Tarry,
Master, of his power given to him leagelly to Gouvern the aforesd
shipe: but denies that he had a hand in forsinge him over borde, or
those that went with him, but sd he and them might have continued
longer in the aforesd shipe: but owned that he with others did deprive
him the sd John Tarry the Gouverment and ordring the aforesd shipe,
and beinge asked concerning their further prosedings, owned that he
with others brought the aforesd shipe called the _Sainte Anthony_ into
pascattoga River in new Ingland, where he the sd forrist was then the
Reputed master, whoe undertooke to be owne (to witt the Cheefest) that
managed and disposed of most or all the aforesd Ships Cargoe, till by
some means of fallinge out amonge themselves was discovered, upon
which the sd William forrist mad an Escape for a time, till he was
apprehended at new plimoth in new Ingland, whence he acknowlegeth he
lately Escaped out of his magisties Gale[4] at new plimouth as
aforesd, and forther beinge examined, owned (to wit, william forist)
that John Tarry and the suprocargoe ware the persons that had Right to
Governe, order and dispose of the abovesd Shipe and Cargoe, which hee
the aforesd william forrist and Company unjustly Deprived them of.
taken before us
NICHOLAS EASTON, Gov'r.[5]
WILLIAM CODDINGTON, D'py Gov'r.
[Footnote 3: October.]
[Footnote 4: Jail.]
[Footnote 5: Nicholas Easton, governor of Rhode Island from May, 1672,
to May, 1674; William Coddington, deputy governor 1673-1674, and
afterwards governor.]
_40. Petition of Allwin Child. October 24, 1673._[1]
[Footnote 1: Suffolk Court Files, no. 1257, paper 5.]
To the Hon'rd Governor and Coart of Asistants
The Humble Petition of Allwin Child
Sheweth, That a ship called the _St. Anthony_ was consigned unto your
petitioner from Lisbon under the Command of John Tarry, and in his
voyage, about one hundred and ten Leagues from Lisbon, the seamen of
the sd. ship mutined Against the sd. Commander and turned himself, his
supercargo, mate and Boy out of said ship into the Boate to shift for
themselves and Ran Away with the shipe, Some of the men so running
Away being at present under conviction in this prison, and three
others having bin taken at Plimouth in order to bee also Brought to
Answare for their misdimeniors before the Authouritey of this Colony,
But did theare Breake prison and escaped unto the Government of Road
Iland, at which place they are Apprehended, and the said Tarry is
Liquise now Arived there for Another ship, consigned allso to your
petitioner, and is there detained to prosicute the Above offenders.
Your Petitioner in Behalf of the Imployers humbly craves that your
Hon'rs would be pleased to take such Coarse that the said escaped
prisoners may bee sent for to this place to Answare these facts
According to Law, the Evidence Against them Being partly heard All
Ready, and the Comander being also Bound to this place, soe that his
stay theare will bee very preduditiall to the voyge of said ship and
Imployers, the Ship Requiering A speedy Dispatch. And he shall Pray
[_Endorsed:_] Allwin Child petition to Gov'r and Mag'ts in Court of
Assists. 24 Oct. 1673.[2]
[Footnote 2: The Court of Assistants, March 7, 1674, fined Major
Nicholas Shapleigh 500 pounds for harboring and concealing in his
warehouse William Forrest, Alexander Wilson, and John Smith, "capitall
offenders," arranging their escape, and receiving and concealing their
goods. _Records of the Court of Assistants_, I. 12-14, where a
petition of Alvin Child in the matter is referred to. See also Maine
Historical Society, _Documentary History_, second ser., VI. 38-42.]
CASE OF RODRIGUEZ AND RHODES.
_41. Declaration of Thomas Mitchell. May 24, 1675._[1]
[Footnote 1: Suffolk Court Files, no. 1390, paper 1. This case appears
in the _Records of the Court of Assistants_, I. 34-39, 42. The chief
originator of this episode of piracy was a Dutch captain from Curacao,
Juriaen Arentsen. In 1674, when a state of war existed between France
and the Netherlands, he captured the French forts at Castine and St.
John, and took possession of the region as "New Holland." Then, "at
the _Bear_ in Boston," he gave some sort of commission to another
Dutchman or Fleming, Peter Rodrigo or Rodriguez, to John Rhodes of
Boston, and others, under which they proceeded in the piratical manner
described in documents 41 and 42. The Court of Assistants had now, by
a law passed in December, 1673, been fully authorized to act as a
court of admiralty (which hitherto it had done without formal
authorization); sitting as such, May 17-June 17, 1675, it condemned
Peter Rodrigo, Dutchman, John Roads, late of Boston, Peter Grant,
Scotchman, Richard Fowler and Randolph Judson, Englishmen, for piracy,
and sentenced them to be hanged. All were however pardoned
subsequently. _Records of Massachusetts Bay_, V. 40, 54, 66. Mitchell
and Uring were whipped for complicity, of which there was evidence
contradicting their testimony here presented. For the background of
the whole story, see C.W. Tuttle, _Captain Francis Champernowne, the
Dutch Conquest of Acadie, and other Historical Papers_ (Boston, 1889),
pp. 137-150, 349-399.]
To the Hon. Court of Assistants sitting in Boston
The Declaration of Thomas Mitchell of Maulden Fisherman Humbly
sheweth, That the said Mitchell beinge hired in October last both
himself and the Barque whereof he was a part owner, for three moneths
certaine and foure uncertaine upon a Tradeing voyage to the Eastward
as farre East as a Plais called Siccanecto[2] in the Bottome of the
Bay of Fundi by Captaine Peter Roderius and other of the Privateers,
as by a Charter Party under their hands and seales more att Large it
doth and may appeare, had nott any thought or suspition that the said
Privateers would have taken any things from any man wrongfully, they
before they went out severall times promiseinge the contrary (which if
they should deny may be made to appeare). Butt when sd. Privateers
came to the Eastward, instead of complyinge with their Charter Party
or makeinge good their Promise, forced the sd. Michell to carry them
whither they Pleased, and although the sd. Michell was very earnest
Seaverall times with them to be discharged from their service,
proffering them at Pemequid,[3] before he went out of this
Jurisdiction, to loose the hire of his vessell and with more they
desired rather [than] to proceed any further in said voyage, as
Lieutt. Gardner[4] and his sonnes can testifie, And when he came backe
from Pemequid, had he nott, the winde being Faire, been forced away
before he could speak with Lieutt. Gardner, he might have had
sufficient testimony from them of his unwillingnesse to proceed any
further with them; Neither did the said Michell give his consent to
their takeinge of any vessell or goods from any Person but as farr as
in him lay and as much as he durst did oppose the same: Neither had
the said Michell any share or part of any of the said goods that the
aforesd Privateer tooke, nor had any hand in the takeing of either
vessells or goods, butt was alwayes agt. such their proceedings, and
when they came as farr East as Naskeague,[5] when the Privateers spake
of goeing over the Bay of Fundi he told them he had rather give them a
Hundred Pounds than goe over the Bay with them, as by the Testimony of
Robert Wills may appeare which was sworne by The Worsp'll Mr.
Stoughton.[6] Nevertheless they forced the said Michell to goe over
the Bay with them, tellinge him they would carry him and his vessell
wherever they pleased, And Being at Tuskett Islands,[7] the said
Michell demandinge his hyre, telling them the time was expired that
was mentioned in the Charter Party, and that he desired to goe home to
looke after his familie and to pay his Merch'ts that had betrusted
him, And withall he forewarned them for weighing his Anchors for he
would stay noe longer in their service; But Richard Fowler,
threatninge that he would make a hole through his skinne if hee did
nott hold his tongue, went and, whether he would or nott, weighed his
Anchors and forced him to goe backe to Machias; The said Privateers by
their uncivill Carriage did make the said Michell soe weary of the
voyage that if he could have gotten an opportunity he would have come
away with his vessell and left them there, though he had lost all his
hire and what also he carried out with him; Now the Premisses beinge
considered by this Hon'ble Court, he hopes they will have soe much
Charitie for him as to conclude him nott guilty of those actions that
are laid to his Charge: The Just and Righteous determinations whereof
he Leaves to the Wisdome and Clemencie of this Hon'ble Court, and is
bound to subscribe Himself
Your Honours Most Humble Servt.,
THOMAS MITCHELL.
Boston, May the 24th, 1675.
[Footnote 2: Chignecto, Nova Scotia.]
[Footnote 3: Pemaquid, Maine, east of the mouth of the Damariscotta.
There was an English settlement there from 1626. As to the
jurisdiction, all this region east of the Kennebec had been included
in the Duke of York's patent of 1664, but his governor at New York
took no active steps to assume its government till 1677, and _de
facto_ Pemaquid in 1675 was in the jurisdiction of Massachusetts,
which in 1674 had organized the region east of the Kennebec as the
county of Devon.]
[Footnote 4: Lieut. Thomas Gardiner, resident at Pemaquid, was chief
military commander and treasurer of the county of Devon, and a county
magistrate.]
[Footnote 5: Near Sedgwick, Maine.]
[Footnote 6: William Stoughton, of the Court of Assistants, afterward
lieutenant-governor of the province; see document no. 70, _post_.]
[Footnote 7: Off Yarmouth, Nova Scotia.]
_42. Declaration of Edward Youreing. May 24, 1675._[1]
[Footnote 1: Suffolk Court Files, no. 1390, paper 2. The name is more
often found with the spelling Uring.]
To the Hono'rd Court of Assistants Now Sitting in Boston The
Declaration of Edward Youring of Boston, Fisherman, Humbly Showeth:
Thatt whereas the said youring being in October last past, both
himselfe and the Barke whereof the said youring was part owner, and
being hyred upon A leading Voyage, so farr Easterly as A Place caulled
Zecganickto nere the botom of the Bay of Fundy (and noe further), by
Capt. Peter Rodregross and Company; As by A Charter Partie, Refferance
being had thereunto, more fully may Appear; and allso will therein
Declare thatt I your Poore and Humble Declarant Edward Youring had not
the Least Intention of anything thereby but onely and honestly to
Improve both myselfe and my Interest in the foresaid Barque, in an
honest Lawfull way; And it being well knowen and seen, both in Towne
or else where wherever my caulling haith Led mee, thatt I have been
according to my Capassetye and Abillity an Industreous hard Laberar,
whereby I mought gitt wherewith to mentayne my Famely, which in a
measure hayth been sumthing Comefortably untell now (through the
goodness of God), nor I have not at all been wanting to take the best
paynes I could for an honest Livelyhood, both for my selfe and my
Familie, I not being so Ignorant but thatt by Instructyans and good
Examples being thereby rightlie informed, thatt hee is worse than an
Infidle thatt shall not provide for his Familie, etc.; I Doe Declare
in the presence of God and Your Hon'rs this Day that, through God's
goodness to me, I am Conscious unto my owne Innocency, and am truly
free from thatt Reporte of my being guiltie of Pyracy or being A
pyorett, nither ever had I the Least thought nor suspition thatt those
persons which Carryed them selves so fairly to me whilst that I was in
Boston with them, would have caryed it so much contrary to whatt they
promised to me before they went from hence; And thatt was thatt they
would not meddle, nor take either vessells or goods from any English
man, as may Appeare by severel testimonys; whereupon I did proced upon
the said Voyage, upon Monthly Wages. And wee being come as farr East
as Casco Bay, then the Privateers (though much against my minde and
will) they wentt on Shoare and brought on Board of us severall Sheepe
which belonged to the inhabitants of thatt place, where upon I did so
farr show my dislike to the Privateers for soe doeing that I tould
them thatt I protested against their Actions in that way; where upon
they did not only revile and use opprobius and reproachfull words to
me for my declayring my minde to them, but they allso threated to
strycke me and being so threatened forced me to Silence, and they also
forced me to goe further upon the said voyage; and when wee arrived so
farr East as Pemmaquid I tooke so much notice of the debaucherie of
the Privateers thatt I thought in my selfe thatt the voyage was not
like only to be unproffitable but allso troublesome and uncomfortable,
whereupon I desired to be cleared from them, but I being one thatt
was bound by charter partie was forced to goe further East with them;
and Comeing to a Place caulled Knoskeegg,[2] there wee mett with Capt.
Roades and the Privateers tooke him aboard of our vessell, and after
some stay there the wind being Contrary, notwithstanding they went to
turne it out and as they ware turning out, I Edward Youring spoke to
Thomas Mitchell whoe was then at helme, desireing him to beare up the
helme and to goe no further with them, and I tould the sayd Mitchell
my reason was because I heard them say thay would take George
Manning[3] and the Vessell if they could meet with him, and one of the
Privateers, by name Randler Judgson, came to me as I was speaking to
Mitchell to beare up the helme, sweareing thus or this effect: "God
damne me, Youring or Mitchell, speake another word of bearing up the
Helme and Ile knock out your Braines with a hand speake", etc.;
furthermore I the sayd Youring haveing no way to Escape from them was
forced to Stay Longer with them, but at Length Comeing to a Harbour
further East, wee spieing a vessell at an Anchor, Capt. Rodregrose
commanded Thomas Mitchell to Steer right with her, and Comeing up with
her Rodregross bid them Amaine[4] for the Prince of Orainge; whareupon
they lowred out their Annchor and it proved to be George Manning; then
I the said Youring, haveing heard Rodregross and the Privateers say
whatt they Intended to doe if they meett with Manning, I intreated
them not to take him but to lett him goe peaceably with whatt hee had,
and onely give him warning for the future; but Rodregross instead of
Complying with my request blamed me much for speak[ing] against
takeing of him, and forthwith went on board and tooke a way his
peltery; and the same Afternoone made prize, both of vessell and
goods, after wh. I Edward Youring Speakeing in the behalf of Manning,
Capt. Rodregross tooke doune his pistol, wch generally he kept loaden
by him, and presented it to me, and had not Capt. Roades whch satt by
Layd his hand upon it, turnning of it away from me, I had then been
shott. and the next Night following Petter Grant one of the Privateers
made a writeing, and being very earnest with me to sett my hand to it,
toulde me it would be no damage to me to sett my hand as a Witness; I
the said Youring, being Ignorant of such things and not knowing what
was in it, I did Sett my hand to it, but no otherwayes butt as A
wittness (the which I did by reason of my being in feare of my life,
if I should have denyed to have done it), and soon after the
Pryvat[eer] [_torn_] had been at Mayhchyous[5] and Laded the goods
they tooke from George Manning, they went to St. Johns, wheare they
had not been above three or fower howers, as I judge, before thatt
there caime into the Harbor a vessell from the Sea and came to an
Anchor about a mile distant from us. then the said Rodregross
Commanded twoe boates to be manned to cary him and his Company, and
coming nere to the vessell, he bid them A Mayne for the Prince of
orainge, and Some in the vessell knowing him desired him to come
aboard, And when he came aboard Rodregross Commanded them to weigh
Anchor and to Come and Ride by him; and thatt Night Capt. Rodregross
kept possession of [_torn_] himself and the next day commanded his
boat from his own vessell, and Commanded George Walton, master of the
said vessell,[6] to deliver their Beaver and Moose, wch after search
made in the hold he tooke and Carryed it away, and I the said Youring
shewing my dislike as much as I darst in my opposeing Rodregross, upon
which and because I would not give my consent to goe over the Bay of
Fundee, I being one thatt was ingaged by Charter partie to the
Contrarie, and soone affter one of the Privateers struke me many
blowes upon my backe and Sides with a long knife Like a Short Hangger,
which brused me very mutch, and the same night being a very could
night in the latter eand of Dicember Last, the sayd Privateer thatt
hett me turned me ashoare, wheare I was like to be Starved wth could.
The next day following, I being very ill and very sore with the
blowes I recd the evenning before, and after the morning was a little
passed, with much intreetye I prevailed to git libertie to goe aboard
to gitt some Releife. And after they had forced Thomas Mitchell and
myselfe to goe over the Bay of Fundee, as wee Returned backe wee put
into Maychyas, and Standing into the harbor wee saw a vessell under
Duch collors standing out; which when wee came nere unto proved to be
George Mannings vessell; whoe as soone as hee came up with us, haveing
gotten to Windward of our Vessell, poured a Volley of Shott in upon us
with Dutch coullors flying, and presently affter wee saw a vessell
with French Coullors, upon which wee concluded All to be French and
thatt wee ware betrayed and should bee taken; thereupon Capt.
Rodregross Commanded every man to his Arms and to fight for his life.
But as soone as Capt. Mosely[7] Came up with us, hee haveing the
English Coullors out, Hee bid us A Maine for the King of England, and
I myselfe Loured the Maine Sayle three or foure foot doune, at which
Capt. Rodregross was very angry with me and Commanded me to hoyse it
againe, which I Refused to doe; and there upon I went forward and Laye
before the windles tell the vessell was taken; And when the Capt.
yeelded, I Edward Youringe Lett fall the Anchor; I being very glad
that I was freed from the Bondage and Slavery I was in untell the
vessell was taken by Capt. Moseley; I being all the voyage Comanded,
as occasion presented, to goe a Shoare with John Farmer to cott wood
and fetch watter to carry aboard; notwithstanding one halfe of the
vessell was my owne; and also I stand Still ingaged for one halfe of
the Cargoe thatt was Carryed out from Boston.
[Footnote 2: Naskeag; see note 5 to document 41.]
[Footnote 3: Captain of a small Boston vessel; his letter to the owner
is in the Maine _Documentary History_, second ser., VI. 42-43.]
[Footnote 4: _I.e._, lower your topsail, in token of surrender.]
[Footnote 5: Machias.]
[Footnote 6: The _Trial_, of Kittery, belonging to Maj. Nicholas
Shapleigh; _Doc. Hist._, VI. 46-47.]
[Footnote 7: Sent by the Massachusetts government to suppress these
pirates.]
Now all these premises being searyously pondred by this honord Courte
of Assistants, with the prudent and upright management of the Gent'men
of the Jury, Together with the testimonyes I have redy to give in, I
hope will thereby Evidently Appeare thatt I am not guiltie of Pyracy
or any Acttyons tending thereto, as is Layed to me in my Charge, And I
being over powered by the Privateers thatt did tyranize over me, I
was forced contrary to my minde and will to doe whatt I did during the
time I was with the Privateers upon A voyage to the Eastward; for the
true determination of which and of my being Concerned therein I freely
and willingly Leave my Selfe to the wise, Judicious and Righteous
proceedings of this Honoured Courte and Gentlemen of the Jury, hopeing
the Lord will Cleare up my Innocency as to the matter of Factt, I
being Conscious to my owne Innocency. So desiring the Lord to direct
you In your Proceeding that Right may take place, not att all
doubtting butt thatt your Honors will soe dilligenttly search in to
the Cause thatt the Innosent may Bee Cleeared and the Guilty Suffer,
according to merritt, so wishin you all happienes, And for the
Continewance of which I shall ever Pray, etc., Subscribe my Selfe your
Faithfull Subjectt and Searvantt In all Hummillitye
EDWARD YOUREING.[8]
Boston the 24th of May
1675.
[Footnote 8: Of one of the Dutchmen concerned in this episode of
piracy, Cornelius Andersen, Hutchinson relates, quoting a contemporary
letter, that, being under sentence of death for piracy, but pardoned
on condition of enlisting in King Philip's War, "He pursued Phillip so
hard that he got his cap and now wears it. The general, finding him a
brave man, sent him with a command of twelve men to scout, with orders
to return in three hours on pain of death; he met 60 Indians hauling
their canoes ashore: he killed 13 and took 8 alive, and pursued the
rest as far as he could go for swamps, and on his return burnt all the
canoes ... and a short time after was sent out on a like design and
brought in 12 Indians alive and two scalps." _History of Massachusetts
Bay_, I. 263.]
BRANDENBURG PRIVATEERS.
_43. Seignelay to Colbert. May 8 (N.S.), 1679._[1]
[Footnote 1: British Museum, Harleian MSS., 1517, fol. 232. Probably
an intercepted letter. Colbert was the great prime minister of Louis
XIV.; Seignelay, Colbert's eldest son, was minister of marine. The
document has a curious interest as showing perhaps the first instance
in which the (Brandenburg-) Prussian navy, or privateer marine,
touches American history. The Great Elector, Frederick William, had
for some time cherished ambitious designs, respecting the creation of
a navy and the establishment of colonies, but it was not till late in
1680 that he possessed a war-ship of his own, in 1681 that he began a
little establishment on the West African coast, in 1682 that he
founded his African Company. In this year 1679 he had a few ships
hired from a Dutchman, and it appears from this letter of the watchful
French minister that two others were being prepared for his service in
Zeeland. For five years he had been at war with France. His
allies--England, the Dutch, the Emperor--had made peace at Nymwegen in
1678. He was in danger of standing alone, and had made an armistice
March 31, prolonged May 3.]
Copie of a Letter to M. Colbert from the Marquis de Segnelay about two
Brandenbourg Privateers armed for the American Islands. 8 May 1679
N.S., received 9 May V.S.[2]
[Footnote 2: Veteri stilo, old style, then followed in England and
Brandenburg. "Received" doubtless means received in England.]
Le Roy ayant este informe a la fin du mois passe que deux particuliers
avoient fait depuis peu un armement dans les Portes de Zelande, et
qu'ils en essoient partis avec deux Vaisseaux armez en guerre pour
aller dans les Isles d'Amerique faire la guerre a ses Sujets sous la
Commission de Monsieur l'Electeur de Brandenbourg, Sa Majeste fit
partir pour les dites Isles M. le Comte d'Estrees avec une escadre de
quatorze vaisseaux pour les prendre ou couler a fonds. Et comme il est
porte par le 9me Article du traitte de suspension d'armez que vous
aves signe le 3e de ce mois avec l'Ambassadeur de ce Prince, que le
comerce sera libre tant par eau que par terre, Sa Majeste veut que
vous proposiez au dit Seigneur l'Ambassadeur de donner ordre aux
Capitaines des dites deux fregates de ne rien entreprendre au
prejudice du dit Traitte contre les Vasseaux des Subjects de Sa
Majeste. Et en ce cas Elle fera scavoir audit Seigneur Comte
d'Estrees, que son intention est qu'il laisse la liberte aux dites
deux fregates, de naviguer par tout ou bon leur semblera. J'attendray
ce qu'il vous plaira de me faire scavoir sur ce sujet, pour en rendre
compte a Sa Majeste, etc.
A ST. GERMAINE EN L'AYE
le 8me May 1679.
_Translation._
The King having been informed at the end of the past month that two
individuals had lately fitted out in the ports of Zeeland, and had
sailed thence with two vessels, armed for warfare, to go to the
islands of America, and make war upon his subjects under commission
from my lord the Elector of Brandenburg, his Majesty is sending my
lord the Count d'Estrees with a squadron of fourteen vessels to seize
or sink them.[3] And as it is provided by the ninth article of the
treaty of armistice which you signed on the 3d of this month with the
ambassador of that prince, that commerce shall be free by water as
well as by land,[4] his Majesty desires that you should propose to the
said lord ambassador that he give orders to the captains of the
aforesaid two frigates to undertake nothing to the prejudice of the
said treaty, against the vessels of his Majesty's subjects. And in
that case he will communicate to the said lord Count d'Estrees his
intention that he shall leave the said two frigates free to sail
wherever they think fit.[5] I shall await whatever information you may
be pleased to send me on this subject, in order to report it to his
Majesty, etc.
ST. GERMAIN-EN-LAYE, May 8, 1679.
[Footnote 3: Vice-admiral Count d'Estrees did not actually sail for
the West Indies till the next year, and then for another purpose.]
[Footnote 4: The articles prolonging the armistice till May 18 had
been signed at Xanten on May 3 by Colbert and Marshal d'Estrades for
Louis XIV. and by Werner von Blaspiel for the elector. For their text,
see _Actes et Memoires des Negotiations de Nimegue_, IV. 468-471.]