De alli hecharon a la Isla de la Plata, donde estubieron tres dias y

medio refrescando; y sospechando que los prisioneros se querian alzar

con el navio mataron a uno y castigaron a otro; y de alli a Payta en

donde hecharon dos canoas a tierra con treynte y dos hombres armados

con animo de ganar a Payta, y hallando resistencia se bolvieron al

navio; de alli Tiraron al estrecho de Magallanes; pero no passaron por

el, sino al redidor de la ysla del fuego que estava como seys a ocho

dias apartada del estrecho de Magallanes, este estrecho del fuego

tardaron en pasarle hasta entrar en el mar del Norte cosa de nuebe

Dias. Llegaron a Barbadas donde por haver encontrado un navio del Rey

de Inglatierra no se atrevieron a entrar.

En el camino dividieron la presa y toco a quatrocientos pesos a cada

uno de sesenta y quatro personas.

De Barbadas fueron a Antica donde fueron recividos sin hacerles

molestia, antes buen acostimiento y de alli se dividieron unas a

Niebes en una balandra, otras como diez y ocho de ellos a londres en

el navio cuyo Capitan se llamaba Portin, otros ocho que erran los

principales se uieron en el Navio llamado la _Comadressa Blanca_ o cui

Wihte, su Capitan Charles Howard, dos de ellos que eran los

principales cabos se llaman el Capitan Sharp, y el otro Gilbert Dike,

y a este declarante le dexaron en Plymuth.

Los demas testigos dicen tambien haver oydo que estos Piratas andan

comprando aora un Nabio para bolver a hacer el mismo viage o continuar

esta pirateria.

_Translation._

Relation of the South Sea Men

Simon Calderon, native of Santiago de Chile, mariner, going from

Callao to Panama in the ship called the _Rosario_ laden with wine,

brandy, pigs of tin,[2] and artichokes, with 24 passengers and all,

they met off Cabo Pasado, about halfway in their voyage, a ship, the

_Trinidad_, and supposed it to be Spanish, but when they perceived

that it was a ship of pirates, they tried to obtain the weather-gauge,

but the pirates obtained it, and then they began to fire musket-shots,

and with the first three shots they killed the captain of the

_Rosario_, who was called Juan Lopez, and fired other shots, and

captured the ship, and took out with the hooks [?] all that they

deemed necessary of the wine and brandy, and all the silver and other

things that had value, and tortured two Spaniards in order to learn

whether there was more silver, and cut down the sails and rigging,

except the mainsail, and turned the ship adrift with the men,

excepting five or six whom they took with them, and among others the

deponent.

[Footnote 2: See document 45, above, note 80.]

Thence they went to the Isla de la Plata, where they remained three

days and a half refreshing themselves, and suspecting that the

prisoners were planning to rise and take the ship they killed one and

flogged another; and thence they went to Payta, where they sent two

canoes ashore with 32 armed men, with design to capture Payta, but

meeting with resistance they returned to the ship. Thence they sailed

away to the Strait of Magellan, but did not go through it, but around

the Isla del Fuego, which was some six or eight days' distance from

the Strait of Magellan. In making this passage of Fuego, to enter into

the North Sea, they were delayed some nine days. They came to

Barbados, where, because of finding there a ship of the King of

England, they did not venture to enter.

On the voyage they divided the booty and obtained 400 dollars apiece,

for each one of 74 persons.

From Barbados they went to Antigua, where they were received without

injury, but rather with good treatment, and from there they divided,

some going to Nevis in a bilander,[3] others, some 18 of them, to

London in the ship whose captain was called Portin,[4] and eight

others that were the principal ones fled in the ship called the

_Comadressa Blanca_ (_White Gossip_),[5] Captain Charles Howard. Two

of them, that were the principal chiefs, were called, [the one]

Captain Sharp, and the other Gilbert Dike; and this deponent was left

at Plymouth.

[Footnote 3: A bilander was a small two-master, with the mainsail of

lateen form.]

[Footnote 4: The _Lisbon Merchant_, Captain Porteen. Ringrose, p.

212.]

[Footnote 5: Or perhaps _Ermine_.]

Other witnesses say, however, that they have heard that these pirates

are now proceeding to buy a ship to return and make the same voyage or

continue this piracy.

THE _SALAMANDER_.

_48. Petition of Paul Sharrett and Claes Pietersen. August 2,

1681._[1]

[Footnote 1: Suffolk Court Files, no. 2031, paper 1. The story of the

_Salamander_ is curiously interwoven with the early history of the

Prussian navy, on which something has been said in note 1 to document

43. The facts may be made out by a comparison of documents 48 and 49

with data found in R. Schueck, _Brandenburg-Preussens Kolonial-Politik_

(Leipzig, 1889), I. 113-118, and in a monograph on "Brandenburg-Preussen

auf der Westkueste von Afrika, 1681 bis 1721", in Heft 6 of the

_Kriegsgeschichtliche Einzelschriften_ of the German General Staff

(Berlin, 1885), pp. 102-105. In the First Brandenburg-Prussian fleet

that ever sailed out of the Baltic (August, 1680), one of the six

frigates was the _Churprintz_ (Kurprinz, Electoral Prince), 32 guns,

Capt. Cornelius Reers, and there was a fire-ship, the _Salamander_, 2

guns, Capt. Marsilius (or Marcellus) Cock; the captains were probably

all Dutch. The chief exploit of the squadron was to capture, in time

of peace, a ship of the Spanish royal navy, which thus became the

first of the elector's ships actually owned by him. Then Reers and a

squadron of four frigates and the _Salamander_ sailed to the West

Indies, and spent the winter of 1680-1681 in cruising against Spanish

shipping, though with little success. If Samuel Button's story is true

(document 48), it would seem that the original _Salamander_ must have

been lost, and the _William and Anne_ substituted in its place and

renamed. The squadron got back to Prussia in May, 1681.]

To the Honnorable Simon Bradstreet Esq. Governor, Thomas Danforth Esqr

Dept. Governor, and the Rest of the Honnorable Assistants to sitt in

Boston on the 4th of this Instant August 1681 as A Court of Admiraltie

or Assistants

The humble petition Libell and Complaint of Paul Sherrot Lift.[2] and

Cloyse petterson, Mate or Pilot of the Ship or prize called the

_Salamander_, now belonging to the great prince the Duke of

Brandenburge, Burden one hundred Tonns or thereaboute, Loaden with

Brandy and wynes--

[Footnote 2: Lieutenant.]

Humbly Sheweth

That your Petitioner entering into the Duke of Brandenburgs service

and pay this 14 of April 1680 or thereaboute, on A ship of warr called

_Coure Prince_ belonging to the Said Duke, Cornelyus Reise Capt. and

Comander,[3] and sayling then from Quinborough[4] to the West Indies

and at St. Martins in the West Indies tooke the above mentioned ship

_Salamander_, Loaden as above, And put in Marcellus Cock Comander of

said Ship _Salamander_, and Paul Sherrot Leift. and Cloys Peterson

Mate or Pylot of said ship, to Carry the Said Ship home to Quinborough

to the said Duke, But the said Marcellus Cock, under pretence of want

of Proviscions and Leakenes of said Ship, brought her into Piscatuqua

and there stayed about 3 months whiling away the time, and Repayring

the ship, And while there so cruelly beate twelve of the ships

Company, at the Capston and otherwise, As made them weary of their

Lives, that they could not stay but gott on shoar And left him,

Loosing all their wages, except one, that the Capt. turned a shoare,

as he said for a Rogue, But the Governor of Piscataqua made the master

pay him his wages, And now after 16 monethes and a halfe soar service,

ventering and hazarding their lives, After the Authoritie at

Piscatuqua tooke notice of the said Capt. Cocks Long Stay, and

Conceiveing he Intended to sell the said Ship and deceive the Duke,

ordering him to pay the said Sherret and Peterson our wages,[5] fell

to threatening us first by turning the Pilot out of the Cabbin from

his mess; and then swearing he would Pistoll the Leiften't and him if

they came on board.

[Footnote 3: Cornelius Reers, vice-commander of the squadron mentioned

in note 1, appears later as governor of Arguin on the west coast of

Africa, 1685-1690. Schueck, I. 347, 350.]

[Footnote 4: So the English then called Koenigsberg, capital of the

duchy of Prussia.]

[Footnote 5: The petitioners are following closely the language of the

vote of the council of New Hampshire, by which it was ordered that the

ship should be taken to Boston for trial, and the mariners paid. _N.H.

State Papers_, XIX. 677; July 11, 1681. "Governor of Piscataqua",

_i.e._, of New Hampshire, there was none at this time; they probably

mean Maj. Richard Waldron, president of the council.]

The premises Considered wee humbly Intreat your honours to make such

due order And provision that the Duke be not Deceived of his the sayd

prize and that wee may have our full wages so dearly yearned and be

freed as wee are and have been, from his the said Cocks Tiranicall

service; And yo'r Petition'rs shall forever pray etc.

PAUL SHARRETT.

CLAES PIETERSEN.

This libell I Rec'd this 2d of August, 1681.

EDW'D RAWSON, Secret.

_49. Deposition of Samuel Button. August 11, 1681._[1]

[Footnote 1: Suffolk Court Files, no. 2031, paper 8.]

Samuel Button of Boston declareth concerning the Ship now called the

_Salamander_ in this harbour, Marcellus Cock commander. That in April

last was twelve-months' hee was Shipped Carpenter of sd Ship at London

then called the _Wm. and Anne_, Anthony Thorne of London Commander,

mr. George Trumbal of London being their Owner of sd. Ship. wee Sailed

with sd Ship from London to Bilboa where wee cleered our foremast men

and Ship't Biscayers in their steed and from thence Sailed to the

Canary's, where wee loaded brandy and wines, and our sd master there

left the Ship and our Mate mr. Christopher Johnson was put in master,

all the English men being cleered from her but myselfe, wee being

bound for Carthagene,[2] from thence back to Canary's, so to

Carthagene again and from thence to Canary's and from Canary's to

London and proceeding on our voyage wee put in to Sta. Marke in the

west Indies[3] to water; where the Governour forced our Stay to convoy

a Galliote bound to Carthagene, and after wee had been two or three

dayes in the Road, wee espied five Ships lying off and on by the space

of two or three dayes. at length they sent in their pinace with Dutch

colours to the Gov'r to get liberty to wood and water, pretending to

be Dutchmen come to cleer the coast of privateers; upon which the

Gov'r granted them liberty to come in and the same day they came and

anchored by us; they goeing ashore to the Gov'r acquainted him they

were of Middleborough,[4] Flushing, and Amsterdam (as I was informed)

and rode with dutch colours abroad; after they had been there four or

five dayes wee coming to saile in the night, all being buisy, they

laid us on board. wee demanding what they were they answered they were

Frenchmen; wee bad them keepe off, but they entring the Ship, the Ltt.

asked me if I was the Carpenter. I answered "yes," hee said "that's

good, you bee an Englishman. that doth no harme," comanding me to

keepe upon deck, declaring himselfe Capt. of the Ship, and when they

tooke us they shewed no Colours but told me the next day they would

shew me such Colours as I never saw, and then spread their

Brandenburgh Colours, putting our Supra Cargo and all the prisoners

ashore at St. Marke, onely Christopher Johnson a Dutchman our then

Ma[ste]r and myselfe, whom they carried with them to Jamaica. not

being Suffered to Land any of their goods there, Sailed thence with

this Ship in Comp'y of our English Fleete, pretending they were bound

with her to the East Country,[5] putting our Master and myselfe on

shore at Jamaica.

[Footnote 2: Cartagena on the Spanish Main is meant; see below.]

[Footnote 3: St. Marc on the west coast of Haiti, then French.]

[Footnote 4: Middelburg in Zeeland.]

[Footnote 5: Baltic lands.]

Samuel Button deposed in Court that what is above written is the truth

and whole truth to his best knowledge. 11th of August 1681.

EDW RAWSON, Secret.

THE _CAMELION_.

_50. Agreement to Commit Piracy. June 30, 1683._[1]

[Footnote 1: This very curious document (for one does not expect to

find pirates agreeing in writing to pursue a course of piracy) is

found embedded in one of the indictments in the case of the

_Camelion_, in vol. I. of the wills in the office of the surrogate,

New York City, pp. 312-313 of the modern copy. Its presence among

wills requires a word of explanation. The governor of a royal colony

was usually chancellor, ordinary, and vice-admiral, and as such might

preside in the courts of chancery, probate, and admiralty--courts

whose common bond was that their jurisprudence was derived from the

civil (or Roman) law, and not from the common law. Most of his

judicial action was in testamentary cases. It was therefore not

unnatural that the few admiralty cases and cases of piracy tried in

these early days should be recorded in the same volume as the wills,

though distinguished by the simple process of turning the book end for

end and recording them at the back. In this case the record begins

with our document 51; but the present document, copied into one of the

indictments, is earlier in date. The substance of another pirates'

agreement (Roberts's company, 1720, see doc. no. 117) is given in

Charles Johnson, _General History of the Pyrates_, second ed., pp.

230-232; another (Phillips's company, 1727, see doc. no. 120 and note

10), _ibid._, verbatim, pp. 397-398.]

_June the 30th day, 1683._ Articles of Agreement between us abord of

the _Camillion_,[2] Nich. Clough Comander, that wee are to dispose of

all the goods thatt are abord amongst us, every man are to have his

full due and right share only the Commander is to have two shares and

a half a share for the Ship and home[3] the Captain please to take for

the Master under him is to have a share and a half. Now Gentlemen

these are to satisfy you, as for the Doctor a Share and half, and

these are our Articles that wee do all stand to as well as on[4] and

all.

[Footnote 2: The _Camelion_ had in 1682 sailed for the Royal African

Company to the slave-mart of Old Calabar on the west coast of Africa,

thence with a cargo of negroes to Barbados, thence to Montserrat and

Nevis, thence in June, 1683, to London with a cargo. Off Nevis, June

29, the crew took possession of the ship, then made this agreement on

the 30th, sold part of the cargo at the Dutch island of Curacao, and

brought the vessel to Sandy Hook. For their trial, see the next

document.]

[Footnote 3: Whom.]

[Footnote 4: One. The larger shares for captain, master, and doctor

were in accordance with custom. Clough, the master, was forced to join

the mutineers.]

These are to satisfy you thatt our intent is to trade with the

Spaniards, medling nor make no resistances with no nation that wee do

fall with all upon the Sea. Now Gentlemen these are to give you notice

that if any one do make any Resistances against us one any factery[5]

hereafter shall bee severely punish according to the fact that hee

hath comitted and as you are all here at present you have taken your

corporall oath upon the holy Evangelists to stand one by the other as

long as life shall last.

[Footnote 5: _Sic._ They probably mean, on any pretext, or, on any

occasion.]

JOHN HALLAMORE. HENERY MICHELSON.

the mark [Yt] of THOMAS ALBERT LASEN.

DICKSON. the mark [SW.] of SYMON

ROBERT COCKRAM. WEBSON.

the marke of [X] JO. DARVELL. WILLIAM STROTHER.

the marke of [X] ARTHUR DAVIS. EDWA. DOVE.

the marke of [X] JNO. MORRINE. JOHN WATKINS.

JOHN RENALS EDWARD STARKEY.

the mark of [R] ROBERT DOUSIN. the mark of [/V] GEORGE PADDISSON.

JOHN COPPING.[6]

NICHO. CLOUGH. the mark of [_HL_] HENRY

SAMLL. HAYNSWORTH. LEWIN.

DANIELL KELLY.

WILLIAM HEATH.

JOHN GRIFFIN.

[Footnote 6: Copping, it was testified, was the writer of this

remarkable agreement.]

_51. Court for the Trial of Piracy: Commission. September 15, 20,

1683._[1]

[Footnote 1: Vol. I. of wills in surrogate's office, New York City,

pp. 306-307.]

_Memorandum._ That Thursday the twenty day of September, in the five

and thirtieth yeare of the Reigne of our Soveraigne Lord Charles the

second, by the grace of God of England, Scottland, France, and Ireland

King, Defender of the Faith, etc., at the Citty Hall of New Yorke in

America, A speciall Court of Oyer and Terminer was holden by Vertue of

this following Commission, Viz.

Thomas Dongan Lieutt. and Governour, and Vice Admirall under his

Royall Highnesse of New Yorke and Dependences in America.

_Whereas_ his Royall Highnesse James Duke of Yorke and Albany, Earle

of Ulster, etc., Lord high Admirall of Scottland and Ireland, and the

Dominions and Islands thereof, As also Lord high Admirall of the

Dominions of New England and Virginia, Barbados, St. Christophers,

Antego, New Yorke in America, etc., hath by his Commission dated at

St. James the third day of October in the yeare of our Lord 1682 and

in the 34th yeare of his Ma'ties Reigne constituted and made mee his

Vice Admirall of New Yorke, and the Maritime ports and Islands

belonging to the same, and hath authorized and impowered mee to

appoint a Judge, Register, and Marshall of a Court of Admiralty

there;[2] I do therefore hereby make and appoint You Lucas Santen

Esq., Judge of the said Court, and William Beekman, Deputy Mayor, John

Lawrence and James Graham, Aldermen of the Citty of New Yorke, Mr.

Cornelis Stenwyck, Mr. Nicholas Bayard, Mr. William Pinhorne, and Mr.

Jacob Leysler, and you or any six of you, to hear and determine of any

or all Treasons, Felonys, Robberys, Piracys, Murders, Manslaughters,

Confederacys, breaches of trust, Imbezleing goods, or other

Transgressions, contempts, Misprissions and Spoyles whatsoever, done

or committed within the Maritime Jurisdiction aforesaid, on board the

Ship _Camelion_ of London, Nicholas Clough commander, and I do also

appoint Will. Nicolls to bee Register, and John Collier to bee

Marshall of the said Court, and this Commission to bee of Force during

the time of this Tryall only. Given under my hand and seale this 15th

day of September, 1683, and in the thirty fifth yeare of the Reigne of

our Soveraigne Lord Charles the second, by the Grace of God, of

England, Scottland, etc. King, Defender of the Faith, etc.

THO. DONGAN.

[Footnote 2: Governor Dongan's commission of vice-admiralty "in the

usual forme", October 3, 1682, is recorded in the Public Record

Office, London, C.O. 5:1182, p. 40. James, duke of York, was Lord High

Admiral from 1660 to 1673; he was proprietor of the province of New

York from 1664 till he became king in 1685. As Lord High Admiral, he

issued commissions to the colonial governors appointing them as his

vice-admirals. That which he issued, January 26, 1667, to Lord

Willoughby, governor of Barbados, is printed in the _Publications_ of

the Colonial Society of Massachusetts, II. 187-198. That to Dongan,

issued by James in 1682, when, though excluded from office in England,

he was still Lord High Admiral of the crown's dominions, was no doubt

similar. At this early period the governor himself sometimes acted as

judge; see document 46, note 1. Strictly speaking, what was here

appointed was not a court of admiralty but a commission for the trial

of piracy and other felonies. By the statute 28 Henry VIII. c. 15

(1536), it was provided that cases of piracy should be tried within

the realm, not by the High Court of Admiralty, but before commissions

specially appointed for the purpose, and with the aid of a jury. But

this statute did not extend to the plantations, and until the passage

of the act of 11 and 12 William III. c. 7 (1700), commissioners for

the trial of piracy in the colonies were usually appointed by

governors in their capacity as vice-admirals, and proceeded under the

civil (Roman) law, not the statute. Another commission, for the trial

of piracy (to Governor Bellomont and others, Nov. 23, 1701) is printed

in E.C. Benedict, _The American Admiralty_, third ed., pp. 73-79,

fourth ed., pp. 70-76; another (1716) is doc. no. 106, below; another

(to Governor Woodes Rogers, Bahamas, Dec. 5, 1718), is in Johnson's

_History of the Pyrates_, II. (1726) 337-340; a fourth (1728) is in

_N.J. Archives_, first series, V. 196. See also doc. no. 201, note 1,

and Chalmers, _Opinions_ (ed. 1858), pp. 511-515.]

To

Lucas Santen Esqr.,[3] Cornelius Stenwyck,

William Beakman,[4] Nicholas Bayard,

Jno. Lawrence, Willm. Pinhorne,

James Graham, Jacob Leisler.

[Footnote 3: Collector of the port.]

[Footnote 4: Acting mayor. Lawrence, Graham, Steenwyk, and Bayard were

aldermen, Pinhorne became an alderman two months later. Leisler was

the celebrated revolutionary. The accused men were found guilty. Eight

of them were sentenced to receive twenty lashes and to be imprisoned

for a year and a day. Clough was sent to London to give an account of

his stewardship to the Royal African Company. _Calendar of Council

Minutes, N.Y._, p. 34.]

CASE OF WILLIAM COWARD.

_52. William Coward's Plea. 1690._[1]

[Footnote 1: Suffolk Court Files, no. 2540, paper 6. The case is

reported in _Records of the Court of Assistants of Massachusetts Bay_,

I. 319-322. Coward (a sailor of H.M.S. _Rose_) and others were

indicted for a piratical attack on the ketch _Elinor_ in Nantasket

Roads, November 21, 1689. They were tried in January, 1690, and

condemned, but reprieved. See _Andros Tracts_, II. 54. The trial

occurred in the interregnum between the deposition of Governor Andros

in 1689, and the arrival of Governor Phips and inauguration of the new

charter in 1692. Therefore Coward pleads to the jurisdiction, Andros's

commission as vice-admiral being void.]

And the said Wm. Coward for plea saith that he ought not nor by Law is

obliged to make any further or other answar or plea to the Indictments

now preferred against him in this Court: for that he saith that the

Crimes for which he stands Indicted be:--The same is for Pyracy,

felony and [so forth] by him supposed to be done And Committed upon

the high seas without this Jurisdictions and not within the body of

any County within the same from Whence any Jury Cann be Lawfully

brought to have tryall thereof, That before the Statute of the 28th of

King Henry the 8th, Chapt. the 15th, all Pyraceys Felonys, etc.,

Committed upon the high seas was noe Felony whereof the Common Law

tooke any knowledg, for that it could not be tryed, being out of all

towns and Countes, but was only Punishable by the Civill Law before

the Admira[l], etc., but by the said Statute the offence is not

altered and made felony, but Left as it was before the said Statute,

vizt. felony only by the Civill Law, but giveth a mean of tryal by the

Common Law in this maner, Viz: All Treasons, felonys, Robberys,

murders and Confederacies Committed in or upon the sea or in any other

haven, rivar, creek, or place where the Admirall hath or pretends to

have power, Authority, or Jurisdiction shall be Enquired, tryed,

heard, determined, and Judged in such shires and places in the Relm as

shall be Limitted by the kings Commistion under the great Seale, in

Like forme and Condition as If any such offenses had been Committed

upon the land, to be directed to the Lord Admirall or to his Leiut.,

Deputy, or Deputys, and to three or foure such other substantiall

persons as shall be named by the Lord Chancellor of England for the

time being, etc., as [by] the said statute appeareth--

That the Crimes and offences afforesaid must ether be Considered in

the Condition they were in before or since the making of the said

statute. If as before then they are only to be Judged and Detarmined

before the Admirall, etc., after the Course of the Civill Laws, which

this Court hath not Jurysdiction off--

That the Crimes and offences in the said Indictments supposed to be

done [and] commited by the said Wm Coward, If any such there were,

[were] done and Committed in or upon the sea or in some haven, river,

Creek, or place where the Admiralty hath or pretends to have power,

Authority, or Jurisdiction, etc. not within the Jurisdiction of this

Court--

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