That the Admiralty of those seas, havens, etc., where the Crimes and

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.

Privateering and Piracy in the Colonial Period Illustrative Documents · 第 14 / 55 段