Passengers hand whilest we were on board, and he desired me to
transmitt it to your Excelly. he had not time to write wee being Just
comeing away, and much Company with him. About the same time came in
from sea the Brigantine mencioned in the inclosed letter, and the
Master of gives a relacion pretty agreable to the letter in everything
only he sayes there were about 50 men on board the Pinke when he was
taken, so that 'tis Probable they will lye there, to watch for other
ships. as far as I can understand by this Master the litle ship
mencioned in the letter to be sunk was wheeler, who brought the Brandy
and wine into York River; I am
your Excellys
most Obliged Humble serv't
B. HARRISON Jnr
WILLIAMS BURGH, May 4, 1700, 10 at Night.
[Footnote 2: Doc. no. 94.]
_96. Governor Nicholson to Captain Passenger. May 4, 1700._[1]
[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 90.]
JAMES TOWN, May 4, 1700,[2]
about Eleven a Clock at Night.
[Footnote 2: The seat of government had just been removed from
Jamestown to the new capital, Williamsburg.]
_Capt. Wm. Passenger_
_Sir_,
Just now I received a letter from my friend Mr. Benja. Harrison, with
an inclosed one to you from the two Mr. Thorowgoods, a Copy of which I
here send you.[3] if his Maj'tes ship the _shoreham_ under your
Command be at present capable of goeing to sea to look after the
Pirates in the Pink, etc., I would have you doe it as soon as, God
willing, wind and weather permitts: but if the _shoreham_ be not in a
sailing Condicion, then you may, if you think Convenient, sent your
boat or boats to looke after the said Pyrates, in order Either to
take or burn the said Pink. And I do hereby Authorize and impower you
to stop all ships and vessells from goeing out of the Capes, and Order
them up to Kiquetan.
[Footnote 3: Docs. no. 94 and no. 95.]
If you cannot be here your Selfe Either on Monday or tuesday yet I
would have Capt. John Aldred, Commander of his Maj'tes Ship the _Essex
Prize_, be here; in the Interim remain
Your most affectionate Friend
If you conceive it proper, You may send the Prize which you have taken
either to take, sinke, or burn the Pink on board which are the
Pyrates. In Order thereunto You may Put what men and Guns on board,
You think Necessary.
I hope you have secured for his Maj'tes Service the seamen which
belong to Capt. Harrison, etc., and you will do the like by those,
which Mr. Thorowgood sayes come on shore. And for so Doeing these
things, this shall be your sufficient Warrant and Authority. given
under my hand the Day and Year above written.
_97. William Wilson to Governor Nicholson. May 5, 1700._[1]
[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 10. Col.
Wilson was a justice of the peace for Elizabeth City County.]
_May it please your Excelly_
I have here enclosed a few lines[2] Concerning a Brigantine that
sailed out of the Capes last wednesday.[3] it should been sent you
before this. I had it this Day from Capt. Cole at Church. If the Capt.
had sent the Master on shore (who had no boat of his owne) or a line
to me about it, Your Excellency had sooner Notice.
[Footnote 2: Doc. no. 98.]
[Footnote 3: May 1.]
The french Prisoners are equally Divided amongst the three Capts., who
have them under Guard. the wounded men att John Smiths died last
Night. Suppose this Pink is that that was taken a coming from
Barbadoes, and the longer he lyes the more harme he do and gather
more strength, which is all that offers from
Your Excellys humble servt.
to Command
WM. WILSON.
I did designe to have sent
this by an Express, but there
came one from your Excell'y
with a Letter to Capt. Passenger.
_98. Captain Michael Cole to William Wilson. May 5, 1700._[1]
[Footnote 1: Bodleian Library, _ibid._ Capt. Michael Cole was master
of the _Friends' Adventure_; he had come into James River on his way
from South Carolina to London.]
KIQUOTAN
Satterday morning being aboard the man of Warr _Shoreham_ there found
the Master of Brigantine which came in here the Evening before, who
sayes that on thursday morning last he was taken by the Pyrates about
2 leagues Southward the Cape Henry, in a Pink, who tooke from him his
Sailes, Masts, and provisions, and all his Necessaries and Cut of[f]
the head of his Rudder as low down as they Could, to disable him of
getting in. his fore Yard they also tooke from him. he likewise sayes
that they spoke some English aboard and that they are about 40 or 50
strong besides the Prisoners, but they would not suffer him to Speake
to any of them, but was threatned to be Shot for Speaking only to one
and asked (and that softly) what are you, who answered, I am a
Carpenter who belonged to a vessell of about 110 Tons loaded in York
River which they sunk. when they left him they stood NE. and believes
they Intend of the Coast as soone as they meet a vessell which they
have an Accot. of, Dayly Expected here from Guinea.
MICH'LL COLE.
May 5, 1700.
_99. Libel by Captain William Passenger. May 11, 1700._[1]
[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 91. A libel,
in admiralty law, is a plaintiff's or claimant's document containing
his allegations and instituting a suit--in this instance a prize
suit.]
Virga. ss. Att the Court of Admiralty held at Hampton Town on Saturday
the 11th day of May in the 12th year of the Reign of our Sovereign
Lord William the third, of England, Scotland, France and Ireland King,
Defender of the faith, etc., annoq Domini 1700,
Before the Hono'ble Edward Hill, Esqr., Judge of the sd Court,[2] came
Capt. William Passenger, Commander of his Maj'tes ship the _shoreham_,
and Exhibited the following Libel in these Words
[Footnote 2: A court of vice-admiralty was first erected in Virginia
in 1698, and Hill was the first judge appointed. He was commissioned
(Mar. 8, 1698) by Governor Andros, by virtue of the latter's
commission (June 26, 1697) from the High Court of Admiralty in
England; so say the Virginia council, in _Va. Mag. Hist._, XXII. 245,
but the record of this latter commission in London dates it Apr. 29.
Am. Hist. Assoc., _Annual Report_, 1911, I. 518.]
Virg'a. ss. May the 11th in the 12th year of his Maj'tes Reign, Annoq
Domini 1700.
To the Hon'ble Court of Admiralty:
William Passenger, Commander of his Majestyes ship the _shoreham_, as
well for and in behalf of his Majesty as for and in behalfe of
himself, officers and Company on Board the said ship,
Humbly gives this Court to understand and be Informed that on the 29th
Day of Aprill last Past, in his Maj'tyes said ship the _Shoreham_,
within the Cape of Virga: he engaged, fought and tooke a Company of
Pirates or sea Robbers which were in a ship called the _Peace_, of
about two hundred tons Burthen, Mounted with twenty Gunns, which said
Company of Pyrates or sea Robbers in the aforesaid ship for severall
dayes before their being soe taken did in an Open, Warlike, Hostile,
and Piraticall manner Assault, Attack, Fight, take, Robb, Burn, and
spoile severall Merchant ships belonging to the subjects of our
sovereign Lord the King (Vizt.)
A Pinke Called the _Baltimore_, John Loveday Master, A Sloope Called
the _George_, Joseph Forest Master, A Ship Called the _Pensylvania
Merchant_, Samuell Harrison Master, A Ship Called the _Indyan King_,
Edward Whitaker Master, A Ship Called the _Nicholson_, Robert Lurting
Master, who in a Peaceable and Lawfull manner were comeing into and
goeing out of the aforesaid Cape of Virga. with their severall Goods
and Merchandizes, etc. And also the aforesaid Company of Pyrates or
sea Robbers, in the aforesaid ship, at and upon the aforesaid time and
Place, in a Hostile and Warlike manner, did fight his Maj'tes said
ship the _shoreham_, but they being overcome and taken as aforesaid
the aforesaid William Passenger, in behalfe as aforesaid, prays
Condemnation of the aforesaid Pirats ship Called the _Peace_, with all
her Gunns, Ammunition, tackle, furniture, and apparell, to be devided
and Proportioned according to the Rules and Orders of the sea, in such
Cases made and provided, etc.
W. PASSENGER.
_100. Deposition of William Woolgar and Others. [June 11, 1700.]_[1]
[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 40.]
Virginia sct.
William Woolgar, Peter Shaw, Francis Warrell and Joshua Atkinson
Examined and Sworne say
That on or about the 28th April in the year of our Lord God One
Thousand seaven hundred, being sailers on board the _Indian King_
bound for London, about three or four Leagues from Cape Henry they
were attack'd and taken by a french Pirate of twenty Gunns by some
called _La Paix_, who Comanded the Master of the said _Indian King_ on
Board the Pirate, who upon the same hoisted out his Yaul and went a
board them with 4 of his men, upon which severall of the Pirates came
on board the _Indian King_ with the aforesaid Yaul and return'd her on
board the Pirate with the mate, Doctor and sundry Passengers of the
shipp aforesaid. the said Deponants further say that the Pirate
aforesaid, with their shipp and another small ship taken by them, came
into Lyn haven, where they Attack'd and took another Shipp, whose
Comander they have since understood to be called Robert Lurten, and
came all to an anchor in Lyn haven bay, where they plundred the said
_Indian King_ of some of her provisions and rigging with other things.
And that on the 29th in the morning their came out of James River his
Maj'tys Shipp the _Shorham_, which Engaged the said Pirate about 7 a
Clock in the morning and forced them to surrender about 4 or 5 a Clock
in the afternoon, there being two of the said Depon'ts (to witt)
William Woolgar and Peter Shaw on board the _Shorham_ the most part of
the Engagement. And further the said Deponants say not.
FRANCIS WARRELL. WM. WOOLGAR.
JOSHUA ATKINSON. PETER SHAW.
Sworne to before the Court of Oyer and Terminer for Tryall of Pirates
Test, PETER BEVERLEY Cl. Arr.[2]
[Footnote 2: Clerk of arraignments.]
_101. Deposition of Joseph Man. [June 11, 1700.]_[1]
[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 44b. Man, an
able seaman, was afterward taken over to England to testify against
the pirates, and was granted L60 by the Privy Council for his services
in the fight, besides five months' pay promised him by Nicholson.
_Acts P.C. Col._, II. 360.]
Virginia Sct.
Joseph Manns aged 30 yeares Examd: and Sworn saith
That on Sunday being the 28th day of April last past Capt. John
Aldred, Comander of his Maj'tys Shipp the _Essex Prize_, came on
Shoare to Collo. William Willson at Kyquotan and informed his
Excellency Francis Nicholson, Esqr., his Maj'tys Lieut. and Governor
Gen'll of Virginia, and Capt. Passenger, Comander of his Maj'tys Shipp
the _Shorham_ Galley, in the hearing of this depon't, that he had
been on board of a Pink and was there informed that there was a Pirate
lay in Lyn haven bay and that she made her Escape from them, upon
which information soe as aforesaid given Capt. Passenger immediatly
went on board his Maj'tys shipp the _Shorham_ and got her under saile,
designeing to goe downe in the night, and this depon't further saith
that upon the aforesaid 28th day of April in the Evening his
Excellency, accompaned with Capt. John Aldred, Peter Heyman, Esqr.,[2]
and this depon't, went on board his Maj'ty's ship the _Shorham_. the
next morning about six of the Clock wee came up with the Pirate (which
this depon't since understands is called the _La Paix_, the Captaines
name said to be Lewis Guittar). we threw abroad the Kings Jack, flagg
and Ancient,[3] the Pirate hoisted up blood red Colloures and refused
to submit, whereupon wee immediatly Engaged with them and Continued
the fight till about four a Clock in the afternoone. Peter Heyman,
Esqr., standing on the left hand of this depon't within a foot of him,
made severall shots into the Pirates Shipp, and about one or two of
the Clock was by a shott from the Pirates shipp unhappily slaine.
about four in the afternoone the Pirate struck his bloody Collours and
hoisted up a flagg of truce and then fired no more Gunns, whereupon
Capt. Passenger Comanded a boat and hands to board the Pirate, who
brought back with them about 124 Pirates Prisoners, and it was
supposed there was about 25 or 30 kill'd in the fight and that about
40 or 50 English Prisoners were redeemed, whome the Pirate had taken.
And this deponant Yet further saith that two of the Pirates men, being
left on board the shipp called the _Nicholson_, Robt. Lurten Master,
which was taken by the Pirates the 28th of April, were upon the coming
up of his Maj'tys ship the _Shorham_ seized and brought on board us as
prisoners, that this deponant was on board the _Shorham_ Galley all
the time of the Engagement upon the quarter deck near to his
Excellency, and saw all the Transactions, and further says not.
JOSEPH MAN.
Sworne to before the Court for tryall of Pirates
Test, PETER BEVERLEY C. Arr.
A true copy, C.C. THACKER C. Sec. Off.[4]
[Footnote 2: Heyman was collector of customs for the lower district of
James River. Gov. Nicholson caused a tombstone to be set in
commemoration of him, with a laudatory inscription which is printed in
the _Southern Literary Messenger_, IX. 695.]
[Footnote 3: Ensign. See doc. no. 33, note 15.]
[Footnote 4: Clerk in the secretary's office. The name of Chicheley
Corbin Thacker deserves a comment, for double Christian names were at
that period very rare. "In forty-nine church registers out of fifty,
throughout the length and breadth of England, there will not be found
a single instance of a double Christian name previous to the year
1700." Bardsley, _Curiosities of Puritan Nomenclature_, p. 226.]
* * * * *
_102. Report of Dr. George Bramston. November 27, 1702._[1]
[Footnote 1: Public Record Office, Admiralty 1:3666, p. 162. The
writer of this report, George Bramston, LL.D., was a notable
practitioner of the civil law, and from 1702 to 1710 was master of
Trinity Hall, Cambridge. His uncle writes of him in his autobiography,
a few years before this, "George is doctor of law, ... fellow of
Trinity Hall, and is admitted at the Commons, and lives there in some
practice, but very good repute." _Autobiography of Sir John Bramston_,
p. 29. To whom the report was nominally addressed is not clear, but it
was intended indirectly for the enlightenment of Prince George of
Denmark, consort of Queen Anne, whose wifely partiality had in May of
this year raised him to the office of Lord High Admiral. As such, he
nominally presided over the High Court of Admiralty; finding the need
of having its activities supplemented by additional prize courts in
the colonies, and instructed by this and similar reports, he on Dec. 7
applied for authority under the great seal to commission colonial
governors (vice-admirals) to hold prize courts.]
DOCTORS COMMONS,[2] November 27th, 1702.
[Footnote 2: Doctors' Commons (see ch. VIII. of _Sketches by Boz_ and
ch. XXV. of _David Copperfield_), near St. Paul's, was the
headquarters of the doctors of the civil law and of the admiralty and
other civil-law courts.]
_Sir_,
The matter in yours of the 18th instant being of a Nature That was
little knowne to Me, It seemed proper to take longer time to consider
thereof, than otherwise would have been decent, for the Information of
His Royall Highness as to the Power of the Vice-Admiralls of the
Forreigne Plantations.
I humbly conceive it plaine, That they can have no Authority to
condemne Prizes, in their Commissions from the Lord Admirall,[3] for
He has none in that Patent which constitutes Him Lord Admirall of
England.
[Footnote 3: A typical commission of a vice-admiral (Barbados, 1667)
may be seen in the _Publications_ of the Colonial Society of
Massachusetts, II. 187-198.]
And you may please to call to mind, that the Power by which Ships are
adjudged Prize, Proceeds from a Commission for that purpose
particularly granted, under the Great Seale, to his Royall Highness.
And as to what may be most proper for the condemning of Prizes in
those parts, I humbly conceive it cannot be Regularly done, but by an
Authority grounded upon a Commission under the Broad Seale.
All which I humbly submitt with the Assurance That I am
Sir
Your must Humble Servant
GEO. BRAMSTON.
To be sent to Lord Nottingham[4] if it came from him.
[Footnote 4: The Earl of Nottingham was one of the two secretaries of
state.]
PRIVATEERS AT MARTINIQUE.
_103. Letter to Boston News Letter. May 8, 1704._[1]
[Footnote 1: A specimen of news of privateering in Queen Anne's War
from one of the earliest issues of our first established newspaper;
from the _Boston News-Letter_ of May 15, 1704. That newspaper was
founded by John Campbell, postmaster of Boston, son of Kidd's friend
Duncan Campbell (see doc. no. 75). The first issue was for the week
from Monday, April 17, to April 24, 1704. The text is taken from the
file of the _News-Letter_ possessed by the Massachusetts Historical
Society.]
NEW-YORK, May 8. On the 3d Arrived here a Sloop from St. Thomas, in
whom Mr. John Vryling, who Sail'd the 23d Decemb. last from Boston, in
the Ship _St. Jacob and Philip_, of whom was Owner and Merchant,
Charles Farnam Master, bound for Barbadoes, and on the Sabbath
following, lost her Mane and Misin Mast in a Storm, taken in sight of
Barbadoes, and carried into Martinico, and says that 7 Weeks ago was a
Prisoner at Martinico, that the Governour permitted him to go in a
French Sloop bound for St. Thomas, That the French have taken 130 odd
Vessels this War into Martinico, and when he left it there was 17
Privateers out.[2] The Ships lately taken and carried thither are, the
_Venetian Merchant_, Captains, Alexander, the Ship _Virgin_, John
Sherwood, _Brintania_ William Bartrum, Darvar of Bidiford, Richard
Barton of Liverpool, Henry Punsunby of Dublin, John Reading of
Barbadoes, belonging to Boston, Twisden a Brigantine, Chadwel another,
Farnam a Ship, Andrews, Porter a Sloop. Nicholas Bradock, and Crute of
Philadelphia, Peylton of Bermuda, Johnson of Maryland, a Sloop, Penley
Master, Stephens a Ship of Boston taken into Guardiloop. after Mr.
Vryling had been 14 days at St. Thomas, had advice from Martinico, 5
Brigantines carried in thither, on Board of one of which was Major
Wheeler of Barbadoes[3] and several other Passengers, but what Ports
bound to, or to whom the Brigantines belong'd, heard not. The Ship
_Princess Anne_, bound from Barbadoes to London, being Leaky put into
St. Thomas, there condemn'd as insufficient to go to Sea. Yesterday
from Albany by information from our Indians acquainted, that the
French of Canada are sending out 300 men to attack some parts of N.
England. We have very rainy, dirty, and cold Weather for the Season,
and so continues. We hear the Virginia Fleet Sails the last of this
Month. Captain Davison hopes to Sail this Month.[4] The Wind and
Weather hinders our Pensilvania Post coming in.
[Footnote 2: A letter written from Martinique a little later (June 27)
by a captive colonel from St. Christopher's says, "We have had 163
vessels brought in here since the warr, ... there is about 30
privateers now belonging here, so that it's almost impossible for a
vessel to pass to or from the Islands without a good convoy, and then
they take some from them". He encloses a petition from some 300
British prisoners, "some whereof have been here 16 months in close
prison". _Cal. St. P. Col._, 1704-1705, p. 184.]
[Footnote 3: Lately a member of the council of that island.]
[Footnote 4: Capt. John Davison, in the _Eagle_ galley, had arrived at
New York on Mar. 13, but had been long detained by disputes between
the governor, Lord Cornbury, and the collector of the port over
questions concerning the legal status of its cargo. _N.Y. Col. Docs._,
IV. 1105-1110, 1121.]
CASE OF JOHN QUELCH AND HIS FELLOW PIRATES.
_104. Account of their Execution. June 30, 1704._[1]
[Footnote 1: What is here reproduced, to show somewhat of the
harrowing circumstances under which the pirate's career might end, is
a very rare "extra" of the _Boston News-Letter_, found in the
Massachusetts Historical Society's file of that newspaper. The case of
Quelch and his associates is related in much detail by Mr. A.C.
Goodell in the _Acts and Resolves of the Province of Massachusetts
Bay_, VIII. 386-398, and in the _Publications_ of the Colonial Society
of Massachusetts, III. 71-77. The pursuit of the pirates is described
in Sewall's diary, with extracts from the _News-Letter_, in Mass.
Hist. Soc., _Collections_, XLVI. 103-110. In August, 1703, the
brigantine _Charles_, fitted out as a privateer to cruise against the
French, was riding off Marblehead, with her captain lying too sick to
take her to sea. The crew seized the ship, put it in command of
Quelch, threw the captain overboard, and sailed for the coast of
Brazil, where for some months they engaged in a profitable career of
piracy at the expense of subjects of the King of Portugal, with whom
England had just concluded a particularly close alliance. In May,
1704, they reappeared on the Massachusetts coast, landed, and
dispersed, but were presently suspected, accused, proclaimed, and
"rounded up", the main capture being made at the Isles of Shoals, by
an armed force under Maj. Stephen Sewall, the diarist's brother. The
trial, June 13, 16, 19-21, was the first held in New England under the
act of Parliament 11 and 12 Will. III., ch. 7, which gave the crown
authority to issue commissions for the trial of pirates by specially
constituted courts, outside the realm of England. The governor, Joseph
Dudley, presided. Mr. Goodell maintains that the trial was conducted
illegally in important particulars. Of the six pirates named above, as
executed on June 30, Lambert was a Salem man, Peterson apparently a
Swede, Roach Irish, Quelch and the other two English. Judge Sewall
records that "When the Scaffold was let to sink, there was such a
Screech of the Women that my wife heard it sitting in our Entry next
the Orchard, and was much surprised at it; yet the wind was sou-west.
Our house is a full mile from the place." In 1835 the editor's
grandfather saw the six pirates of the _Mexican_, almost the last of
their profession, hanged at about the same spot. I find that Mr. Paine
has printed this piece, in _Buried Treasure_, but I know no other that
so well illustrates its particular aspect of our theme.]
An Account of the Behaviour and Last Dying Speeches Of the Six
Pirates, that were Executed on Charles River, Boston side, on Fryday,
June 30th, 1704. _Viz._, Capt. John Quelch, John Lambert, Christopher
Scudamore, John Miller, Erasmus Peterson and Peter Roach.
The Ministers of the Town had used more than ordinary Endeavours, to
Instruct the Prisoners, and bring them to Repentance. There were
Sermons Preached in their hearing, Every day,[2] And Prayers daily
made with them. And they were Catachised; and they had many occasional
Exhortations. And nothing was left, that could be done for their Good.
[Footnote 2: One of the sermons preached by Cotton Mather to the
unfortunate men was printed by him this year under the title _Faithful
Warnings to prevent Fearful Judgments_.]
On Fryday the 20th [30th] of June 1704, Pursuant to Orders in the Dead
Warrant, the aforesaid Pirates were guarded from the Prison in Boston,
by Forty Musketeers, Constables of the Town, the Provost Marshal and
his Officers, etc. with Two Ministers,[3] who took great pains to
prepare them for the last Article of their Lives. Being allowed to
walk on Foot through the Town, to Scarlets Wharff,[4] where, the
Silver Oar being carried before them, they went by Water to the place
of Execution, being Crowded and thronged on all sides with Multitudes
of Spectators. The Ministers then Spoke to the Malefactors, to this
Effect.
[Footnote 3: Rev. Thomas Bridge of the First Church, and Cotton Mather
of the Second.]
[Footnote 4: At the foot of Fleet Street, near the present South
Ferry. Thus the grim procession went around most of the water front of
the town. Sewall says his cousin counted 150 boats full of spectators
of the execution, besides the multitude on land. The silver oar was
the emblem of the admiralty.]