offences afforesaid are supposed to have been done and Committed, In
Case the Commistion Lately geven to Sir Edmd. Andros, knt., to be vice
Admirall there of be voyd, it is now remaining in his Maj. and cannot
be Executed or exercised by any person or persons without being
Lawfully Commistionated by his Maj. for the same.
That in Case the Crimes, etc., offences aforesaid shall be considered
According to the said statute of the 28th of Henry the 8th, Chapt. the
15th, Then the said Wm. Coward saith that this Court hath noe power or
Jurisdiction there of, nor can the same be Enquired, tryed, heard,
Determined, and Judged by them, but Can only be Enquired, tryed, and
Determined by the Spetiall Commistion from his Majesty in such manner
as by the said statute is Derected.
All which the said Wm. Coward is ready to Answar, etc.
CASE OF BENJAMIN BLACKLEDGE.
_53. Declaration of Jeremiah Tay and Others. March, 1691 (?)._[1]
[Footnote 1: Suffolk Court Files, no. 3033, paper 4.]
An acc'tt of the Surprizeall and takeing of the Ship _Good hope_ of
Bost[on] in New England, Burthen about three hundred Tonns with twenty
two Gun[s], Jeremiah Tay Comander, which was acted and done in a most
Treacherous and Pyratticall manner by certain Rovers or pirates (moste
of them theire Majest[ies] Subjects) in the Road of the Isle of May of
the Cape de verd Islands upon the Fourth day of February Anno Dmi
1690/1, The said Shipp with what goods were on board her properly
belonging unto Coll. Sam'll Shrimpton[2] Merchant att Boston in New
England aforesaid, vizt.
[Footnote 2: Member of Andros's council, 1688-1689.]
Upon the twentyeighth day of January 1690/1 wee arrived from the
Island of Madara att said Island of May aforesd and came to Anchor in
the Road there. The next day our men went ashore and applyed
themselves to rake togeather of salt in the Salt Pounds in order to
the loading our Said Shipp and Soe continued workeing severall days.
And upon the first day of February following there came into the
aforesaid Road a Sloope weareing theire Majesties Collours and
anchored not farr [fro]m our Said Shipp who tould us they came from
South Carolina, theire Captn. one James Allison formerly of New Yorke,
and that they had a Com'n from the Governor of Carolina aforesaid to
take and Indamage the French, for which end they were here arrived
expecting they might in a Short time meete Some of them.[3] The said
Captn. Allison and moste parte of his Company were wellknowne unto us,
they haveing beene Loggwood Cutters in the Bay of Campeach[4] where
wee were with the said Shipp about twelve mounthes Since, Loadeing
Loggwood, parte whereof wee bought of them and fully Sattisfied them
for, and during our stay there kept amicable correspondance with us,
Eateing, Drinking and Lodging frequently on board our said Shipp,
which wee gladly consented unto in regard they might have beene a
defence and help to us if any Enimey had assaulted us, by reason of
which former friendshipp and good Correspondance as alsoe theire
Specious pretence of a Commission against our Enimies (which wee woere
in Some feares of) wee willingly continued the former kindnesse and
amity betweene us, hopeing if wee were assaulted by the French wee
might by theire assistance (they being thirty five able men and our
Shipp being of pretty good force) have beene capable to make a good
resistance, They often protesting and promiseing to Stand by and help
us to the uttmost if there Should be occasion. wee therefore not
doubting theire honesty and Sincerity permitted them frequently to
come on board our Said Shipp, and Sometimes Some of us went on board
theire Sloope, and Believeing ourselves secure and willing to make a
quick dispatch as possible in Loading our Shipp, wee sent all [hands]
to worke in the Pounds (as wee [had done (?)] he[retof]ore) Except our
[Carpenter]s, which were [then (?)] att worke on our Decke building
[a] Boate for the more Convenient carriage of salt. Thus wee continued
workeing, and upon the Fourth day of February instant Capt. Allison
and Sundry of his men Dined with us on board said Shipp in a friendly
manner, as they were wont to doe, and Some time after Dinner desired
the said Commander Tay, with Mr. Edward Tyng the Sup[er]cargoe and
James Meeres a passenger, to goe on boarde theire Sloope to Drinke a
glasse of Punch with them, which he did, and when we were come on
board the said Sloope they pretended theire Doctor (whom wee Left on
board the Shipp talkeing with our men) had the keys where theire Sugar
was, Soe they could not make the Punch, and forthwith severall of
them Stept into the Boate and Rowdd on board our Shipp to fetch the
keys. as Soone as they entred our Shipp one of them Ran to the
Steereage Doore and another to the Round house and Secured all our
Arms, the rest Imediatly Seizeing the Carpenters who were att work on
the Boate. They then fired a gunn as a Signall to theire Sloope, who
Imediatly Seized us who were on board her (wee being unarmed) and
forthwith way'd anchor and Laid our Shipp aboard, att the same time
takeing everything out of the Sloope, excepting a Little Stincking
Brackish water, some Flower, a Little Stincking beefe, and three or
foure baggs of wheate, and then Comanded us presently to putt of from
the Shipp about Musquett Shott and then to come to anchor, which we
were forced to Comply with; After which they went on Shore and fetched
our men out of the Pounds by force and Armes, Seaventeene of whom they
tooke with them, Some whereof by force and threattnings and others of
them went volluntarily, which wee have good reason to beleive were
privy to the Plott and Surpriseall of the Shipp, a List of whose names
is hereto Subjoyned. afterward they gave us our Chests and some of our
Cloaths and the next day Comanded us to Saile away with the said
Sloope (which they gave us), and upon the Sixth day of February
Instant wee sailed with said Sloope for the Island of Barbados where
wee arrived the twenty first day of the same.
JEREMIAH TAY, M'r.
EDWARD TYNG
THOMAS WHARFE, Mate
JAMES MEERES, JUNIOR.
[Footnote 3: England and France were at war, 1689-1697.]
[Footnote 4: Bay of Campeche, west of Yucatan. At the beginning of
this Campeche voyage of the _Good Hope_ ("formerly the _Fortune of
Courland_"), in October, 1689, she had been detained by the royal
officers in Boston, for evasion of the customs laws, but made her
escape. _Mass. Hist. Soc. Proc._, XII. 116.]
_54. Deposition of Epaphras Shrimpton. July, 1694 (?)._[1]
[Footnote 1: Suffolk Court Files, no. 3033, paper 7. Epaphras
Shrimpton was a cousin of Colonel Shrimpton.]
Epaphras Shrimpton, of full Age, Testifieth that Benja. Blacklidge did
acknowledge that himselfe and some others which he named took from on
borde the Ship _Good hope_ at Madagasker about halfe her Cargoe which
she brought from Holland particulerly Hollands, duck, Riging, Ketles,
Powder, etc., belonging to Col. Sam. Shrimpton, and said that with
part of the Ketles they Sheath'd the bow of the Ship which he came
from Madagasker in, and offer'd if Colo. Shrimpton would be kinde to
him he would discover the Persons that were to bring home the
remainder of the Ship _Good hopes_ Cargoe. the said Blacklidge said
that himselfe and other of his Confederates took the above mention'd
goods out of the Shipp _Good hope_ at Madagasker just before he came
from thence to New England. this he acknoledg'd to Colo. Shrimpton in
the Prison house in Boston in New England in the year 1693.
EPAPH. SHRIMPTON.
_55. Deposition of Jeremiah Tay. July 6, 1694._[1]
[Footnote 1: Suffolk Court Files, no. 3033, paper 6.]
Jer. Tay, aged thurty five yeres, Testifieth that hee being att the
Ile of May, Master of the Shipe _goodhope_ belonging to Coll. Samuell
Shrimpton, In february one thousand six hundred and ninety, That then
And thare was surprised and tacken by A pyrate, one James alloson,
Comander, That after thay had posseshon of the Above said Shipe The
next day sent for My Men from the Pond to come on bord of said Shipe,
Telling them that thoose as would goe willingly should have as good A
shaar in shipe and goods as Anny of themselves, whare upon one
bengeman blackledg of boston, with sundry more, tuck up armes with the
pyrats, hee macking choyce of one of my one[2] small armes for him
selfe. This was dun by said blackledg without anny force or
Compulshon, as the pyrats themselves did declare That thay did not nor
would not force him nor sundry more which did intend To goo with them.
I doue furder Ad that sence I came from London, being to the Westward,
was tolde by sum of those men that came home in Massons shipe A Longe
with said blackledge Last yere, to the est end of Long island, whare
Thare was A bundance of the goods which Came out of My Shipe the
_goodhope_, As Canvos and Riging of sundry sorts, whare itt was Im
baseled,[3] and given all most to anny that would ask for itt. Also
that thay did heere some of my one Men tell blackledge that hee was A
great Rooge, in that hee had gott his Cloose out of the shipe
_goodhope_ in to The shipe beefore the Shipe was Tacken, that so hee
mought goe with the Shipe wheather the Shipe was tacken or not. I doue
also ad that in the day of it, when the shipe was in thare posseshon,
the pyrats did then and thare say to mee, had it not beene by
purswashon of sum of my one men telling of Them thare was A bundance
of Monnys A bourd of said Shipe be sids goods, thay had not tacken
hur, which A parrantly proved to bee true, for thare was sundrey of
them ware for punishing of Mee to Mack mee Confes whar itt was, but
thay so difered in thare Judgments that that was not dun by them.
JER. TAY.
July 6, 1694. Sign'd and Sworn by Capt. Jeremia Tay.
Coram nobis SAM'L SEWALL } Justices
JER. DUMER } of the
} Peace.
[Footnote 2: Own.]
[Footnote 3: Embezzled.]
_56. Indictment of Benjamin Blackledge. October 30, 1694._[1]
[Footnote 1: Suffolk Court Files, no. 3033, paper 2.]
Province of the Massachusetts Bay in New England, Suffolk, SS:
At a Court of Assize and Generall Goale delivery held in Boston for
the County of Suffolk aforesaid the Last Tuseday in October 1694,
Annoq[ue] R[egi]s et Reginae Gulielmi et Mariae, Angliae, etc., Sexto.
The Jurors for our Sov'r Lord and Lady the King and Queen aforesaid
Present, That Benjamin Blackleich of Boston aforesaid, mariner, on the
fourth day of February in the year of our Lord 1690/1, at the Isle of
May otherwise called Santo-May, one of the Islands of Cape de verd,
being then and there a Seaman or Marriner, on bord the Ship called
the _Good Hope_, Jeremiah Tay Comander, did Wickedly, Felloniously and
Piratically Rise up in Rebellion against the sd Master Jeremiah Tay,
and with one James Allison A Pirate or Sea Rover, Master of a Sloop,
and his Company, did Conspire, Abett and Joyne, and with the sd James
Allison and his Company did Seize, Surprize, and Piratically take from
the sd Jeremiah Tay The sd Ship _Good Hope_, of Burthen about Three
hundred Tonns, and her Loading, being to the Value of Two Thousand
Pounds, of the Goods and Chattels of Collonol Samuel Shrimpton of
Boston aforesaid, and of the said Ship and Loading the said Master and
Owner did Dispoyle, Disposess and Exclude, against the Peace of Our
Sov'r Lord and Lady the King and Queen, their Crown and Dignity, and
the Laws in Such Case made and Provided.
Egnoramos.[2]
RICH'D CRISP, foreman, with the Rest.
[Footnote 2: For "Ignoramus" (we ignore), the word by which a grand
jury indicated its refusal to prosecute an indictment. We here find
the Superior Court, the highest common-law court of Massachusetts
under the second charter, taking cognizance of a case of piracy.
Governor Phips had a commission as vice-admiral (text in
_Publications_ of the Colonial Society of Massachusetts, II. 206-215,
372-380), but no judge of admiralty had yet been appointed, nor any
special commission to try pirates.]
* * * * *
_57. Deposition of Thomas Larimore. October 28, 1695._[1]
[Footnote 1: Among the manuscripts of the Massachusetts Historical
Society. Captain Larimore in 1704 played an equivocal part in the case
of Quelch and his pirate crew (see no. 104, _post_), assisting their
attempts to escape, but his testimony as to prize-money is to be
valued, as that of an experienced shipmaster and privateer. In 1677 he
had assisted the authorities of Virginia against the rebel Bacon by
conveying troops in his ship. _Journals of the House of Burgesses_,
II. 70, 79, 86. In 1702 he was sent by Governor Dudley to Jamaica with
a company of volunteers, the first Massachusetts force to serve
overseas. _Publications of the Colonial Society of Massachusetts_,
XVIII. 84-93.]
The Deposition of Thomas Larimore, aged Thirty two Yeares or
thereabouts. This Deponent testifyeth and saith that whenever any
person is fitted out to go in a Private man of Warr there is not wont
to be any Writing drawne betwixt the person fitting and the person
fitted out, and Yet the person fitted out always allows to the person
fitting him out One full Quarter part of a whole share of whatsoever
is gained on the Voyage.
Boston Octobr THOMAS LARIMORE.
28th, 1695. Sworne in Court 30th Octobr. 1695
Attest JONA. ELATSON Cler.
A true Copy of that on file
Examd. AD'TON DAVENPORT, Cler.[2]
[Footnote 2: Addington Davenport, clerk of the Superior Court from
1695 to 1698, and one of its judges from 1715 to 1736.]
CASE OF HENRY EVERY.
_58. Petition of the East India Company. July, 1696._[1]
[Footnote 1: London, Privy Council, Unbound Papers, 1:46. This
petition is addressed, not to the king in Council, but to the lords
justices who were exercising his functions during the absence of
William III. in Holland, whither he had gone on account of his war
with Louis XIV. The paper is endorsed as read July 16, 1696. A
proclamation was immediately issued, July 18, declaring Henry Every
and his crew pirates, ordering colonial governors to seize them, and
offering a reward of L500, which the East India Company agreed to pay,
for their apprehension; _Acts of the Privy Council, Colonial_, II.
299-302. Several of the crew were apprehended, tried, and hanged in
November; their trial is reported in Hargrave's _State Trials_, V.
1-18. Others found a refuge in the colonies, despite the proclamation,
Governor Markham of Pennsylvania in particular being loudly accused of
connivance; _Calendar of State Papers, Colonial_, 1696-1697, pp.
613-615. Every (or Avery) was one of the most famous of the pirates.
His history is told in Captain Charles Johnson's _General History of
the Pyrates_ (second ed., London, 1724), pp. 45-63. Two popular
ballads respecting him are in Professor Firth's _Naval Songs and
Ballads_, pp. 131-134. We print first the documents which first
brought knowledge of his misdeeds, but the whole story in a
consecutive order is better found in the examination of John Dann,
document no. 63, _post_. The case is only partly American, but
ramifies, as will be seen, over much of the globe.]
To their Excellencyes The Lords Justices of England in Council,
The humble Petition of the Governour and Company of Merchants of
London trading into the East Indies
Most humbly sheweth
That the said Governour and Company have lately received certain
Intelligence That Henry Every, Commander of a Ship called the
_Fancy_, of 46 Guns, is turned Pirate and now in the Seas of India or
Persia, who with divers other Englishmen and Forreigners to the number
of about 130 (the names of some of which are hereunto annexed) run
away with the sa[id Ship], then called the _Charles_, from the Port of
Corona[2] in Spain and that the said Pirate ha[vin]g ... at the Island
of Johanna[3] had left there the following Declaration: vizt.:
[Footnote 2: Coruna.]
[Footnote 3: The chief of the Comoro Islands, in the Mozambique
Channel, northwest of Madagascar. The document which follows is also
printed, from a manuscript in the India Office, in the Hakluyt
Society's _Diary of William Hedges_, II. cxxxviii-cxxxix, where are
other extracts concerning Every.]
To all English Commanders, let this satisfie, That I was riding here
at this instant in the Ship _Fancy_ Man of War, formerly the _Charles_
of the Spanish Expedition,[4] who departed from Croniae the 7th of May
1694 Being (and am now) in a Ship of 46 Guns, 150 Men, and bound to
Seek our Fortunes. I have never as yet wronged any English or Dutch,
nor ever intend whilst I am Commander. Wherefore as I commonly speak
with all Ships, I desire whoever comes to the perusall of this to take
this Signall, That if you, or any whom you may inform, are desirous to
know what wee are at a distance, Then make your Ancient[5] up in a
Ball or Bundle and hoist him at the Mizenpeek, the Mizen being furled.
I shall answer with the same and never molest you, for my Men are
hungry, Stout, and resolute, and should they exceed my Desire I cannot
help myself. As yet an Englishmans Friend
At Johanna February 28th, 1694. HENRY EVERY.
[Footnote 4: The expedition which sailed for Spain in the spring of
1694, to deter the French from attacking Barcelona.]
[Footnote 5: Ensign.]
The Copy of which said Declaration was brought by Some of the said
Company's Ships to Bombay and from thence transmitted to England with
the annexed Clause of a Letter relating thereunto.[6]
[Footnote 6: Document no. 59, _post_.]
And the said Governour and Company having likewise understood by some
fresh Advices from Persia hereunto annexed That the said Pirate had in
pursuance of his said Declaration pillaged severall Ships belonging
to the Subjects of the Mogull[7] in their passage from the Red Sea to
Surrat,[8] upon notice whereof the Factoryes of the said Company at
Surrat had guards set upon their Houses by the Governour of the place
till such time The Mogulls pleasure was known, Whereby the said
Governour and Company have reason to fear many great inconveniences
may attend them not only from the Reprizalls which may be made upon
them at Surrat or other their Factories But also from the Interruption
which may be thereby given to their Trade from Port to Port in India,
as well as to their Trade to and from thence to England.
[Footnote 7: Aurangzeb, the Mogul emperor of Hindustan.]
[Footnote 8: Surat, 150 miles north of Bombay, and the seat of an
important trading factory of the East India Company.]
Wherefore your Peticioners do most humbly beseech your Excellencies to
use such effectuall means for the preventing the great Loss and damage
which threatens them hereby, as to your Excellencies great wisdom
shall be thought fit.
And your Peticioners shall ever pray etca.
Signed by order of the Governour and Company
RO. BLACKBORNE, Secretarie.
_59. Extract, E.I. Co. Letter from Bombay. May 28, 1695._[1]
[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying
our no. 58. Bombay was the main post of the East India Company; a
council there supervised all its trade along the west coast of
Hindustan.]
Extract of a Clause in the Generall Letter from Bombay dated the 28th
May, 1695.
By our shipping now arrived who touched at Johanna Wee have News That
Strongs ship which was one of them that w[ent] for the Spanish
Expedition is runn away with from the Groyn[2] and come into these
seas carrying 46 Guns and 130 men, as your Honours will perceive by
Copy of the Captains Letter left at Johanna that accompanyes this.
Your Honours Ships going into that Island gave him chase, but hee was
too nimble for them by much, having taken down a great deal of his
upper work and made her exceeding snugg, which advantage being added
to her well sailing before, causes her to sail so hard now that shee
fears not who follows her. This Ship will undoubtedly into the Red
Seas and Wee fear disappoint us of Our above expected Goods, And it is
probable will after shee had ransacked that Gulph proceed to Persia
and doe what mischief possible there, which will procure infinite
clamours at Suratt and the Government will be for embargoing all that
ever Wee have there.
[Footnote 2: Coruna, which the English then frequently called "The
Groyne."]
_60. Abstract, E.I. Co. Letters from Bombay. October 12, 1695._[1]
[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying
our no. 58.]
By Letters received the 4th of this Inst. from the Generall[2] and
Councill for the English Affairs residing att Bombay dated 12th
October 1695 the Company are advised as followeth, vizt.
[Footnote 2: Sir John Gayer, governor of Bombay, which at this time
was the chief seat of the company's operations in India.]
That on the 29th August the Generall and Councill dispatched the
Company's ship the _Benjamin_, Burthen 468 Tunns, Captain Brown
Commander, in Company of two Dutch ships that wintered here, for
Surrat, with almost all the Cargoes of the three ships, except the
Lead that the _Mocha_ carryed in her for Persia (which wee had nott
time to take out, she arriving so late). On the 7th of September she
arrived Surrat Rivers mouth, where the President, according to Orders,
fell to unlading her, but by that time they had gott the Guns, 4 or
500 Bales, and some other Goods on shoar, on the 11th Ditto, One of
Abdull Gofores[3] Ships arriving, their people sent the Governour
word, that they were plundered by an English Vessell, severall of
their Men killed in fight, and others barbarously used; Upon which
there was a great noise in Towne, and the Rabble very much incensed
against the English, which caused the Governour to send a Guard to Our
Factory to prevent their doing any violence to Our People. the 13th in
the Morning, the _Gunsway_, one of the Kings Ships, arrived from Judda
and Mocho,[4] the Nocqueda[5] and Merchants, with one voice,
proclaiming that they were robbed by four English Ships near Bombay of
a very great Sume, and that the Robbers had carryed their plundered
Treasure on Shoar there, on which there was farr greater noise than
before. upon this the Governour[6] sent a very strong Guard to the
Factory and clapt all our People in Irons, shut them up in a room,
planked up all their windows, kept strict Watches about them, that no
one should have pen, ink, or paper to write, stopped all the passages,
that no Letters might pass to Us. att this time Captain Brown being
att Surat, with some of his Officers and Boats Crew, faired in Common
with the rest, and so did some others, that were on shoar, to look
after their sick att Swally;[7] and their Long boat and Pinnace going
on Shoar there, for Water and Provisions, They sent one Man to the
Choultrey,[8] to inquire what News, (having heard somewhat of the
Rumour). this person they seized on, by severall Peons, which caused
them immediately to putt their boats off, which they had no sooner
done, but sundry small Armes were discharged at them. This Caused the
Boats to repair to their Ship, att the Rivers mouth, where the Dutch
told them, they durst not supply them with any thing while there. But
one of them, being ready to sail for Batavia, said, if they would sail
in Company with them, they would supply them with what they wanted,
as soon as they were out of sight of the Rivers Mouth, which was done
according to promise, and so the _Benjamin_, by the Generall Consent
of their Officers, came hither, having left her Captain and thirty
nine more of her Company behind. as soon as we had a full relation of
these things, we immediately wrote to Court, to one Issa Cooley, an
Armenian, whom wee intend to make our Vakeel[9] to represent Our Cause
to the King, and to Excuse Our Selves from being concerned in those
barbarous Actions. Wee Also wrote to the Governour of Surrat and all
the Great Umbraws[10] round Us to the same effect, hearing by all that
come from Surrat, that that Citty is in an uproar about Us, and being
informed also, that Severall Letters are gone to the Siddy[11] (who is
very near Us with an Army) from Court and Surat, wee are making what
preparation Wee can for our Own defence, nott knowing what this
Extream ferment may produce.