"We have told you often, ye[a] we have told you Weeping, That you have

by Sin undone your selves; That you were born Sinners, That you have

lived Sinners, That your Sins have been many and mighty, and that the

Sins for which you are now to Dy are of no common aggravation. We have

told you, That there is a Saviour for Sinners, and we have shewn you,

how to commit your selves into His Saving and Healing Hands. We have

told you, That if He Save you, He will give you an hearty Repentance

for all your Sins, and we have shown you how to Express that

Repentance. We have told you, What Marks of Life must be desired for

your Souls, that you may Safely appear before the Judgment Seat of

God. Oh! That the means used for your Good may by the Grace of God be

made Effectual. We can do no more, but leave you in His Merciful

Hands!"

When they were gone up upon the Stage, and Silence was Commanded, One

of the Ministers Prayed, as followeth.

The Prayer made by One of the Ministers, after the Malefactors were

first upon the Stage.[5] (As near as it could be taken in Writing in

the great Crowd.)

[Footnote 5: This prayer is unmistakable Cotton Mather; to whom we may

be sure this whole occasion was one of extraordinary enjoyment.]

"O Thou most Great and Glorious Lord! Thou art a Righteous, and a

Terrible God. It is a Righteous and an Holy Law that thou hast given

unto us. To break that Good Law, and Sin against thy Infinite Majesty,

can be no little Evil. Thy Word is always True; and very Particular,

that Word of thine which has told us and warn'd us, _Evil Pursueth

Sinners_. We have seen it, we have seen it; We have before our Eyes a

dreadful Demonstration of it. Oh! Sanctify unto us a Sight that has in

it so much of the Terror of the Lord! We have Reason to Glorify the

Free Grace of God, that we are not our selves the Instances. We have

before us very astonishing Examples of _Evil Pursuing Sinners_. Here

is a Number of men that have been very Great Sinners, and that are to

Dy before their Time, for their being wicked overmuch. God knows the

Prayers, the Pains, the Tears, and the Agonies that have been Employ'd

for them. And now, the Last Thing that we have to do for them, is to

pour out with Anguish of Soul our Prayer on their behalf; Our Prayer,

to that God, who heareth Prayer; to that God, with whom there is Mercy

and Plenteous Redemption; to that God, who is Rich in Mercy and Ready

to Pardon. But how can we make our Prayer, without a Rapturous

Adoration of that Free-Grace, which has distinguished us! We, even we

also, have every one of us an horrible Fountain of Sin in our Souls.

There are none of the Crimes committed by these Miserable Men, or by

the worst of those Criminals that go down into the Pit, but we have

the seeds of them, in that Original Corruption, which we brought into

the World with us. If God had left us to our selves, as He justly

might have done, there is not the best among us all, but what would

soon have done the worst things in the World. Oh! The Free-Grace! Oh!

The Free-Grace! Oh! The Riches of that Grace, which has made all the

Difference! But now, we Cry mightily to Heaven, we Lift up our Cries

to the God of all Grace, for the Perishing Souls which are just now

going to Expire under the Stroke of Justice, before our Eyes. We

Mourn, we Mourn, that upon some of them, at Least, we do unto this

Minute see no better Symptomes. But, Oh! is there not yet a Room for

Sovereign Grace to be display'd, in their Conversion and Salvation!

They Perish, if they do not now Sincerely Turn from Sin to God, and

give themselves up to the Lord Jesus Christ; They Righteously and

Horribly Perish! And yet, without influences from above, they can do

none of those things which must be done if they do not perish. Oh! Let

us beg it of our God, that He would not be so Provoked at their

Multiplied and Prodigious Impieties, and at their obstinate Hardness

under means of Good formerly afforded them, as to withhold those

Influences from them! We cry to thee, O God of all Grace, That thou

wouldest not Suffer them to continue in the Gall of Bitterness and

Bond of Iniquity, and in the Possession of the Devil. Oh! Knock off

the Chains of Death which are upon their Souls; Oh! Snatch the prey

out of the Hands of the Terrible.

"Yet once again! Once again! We bring them, and lay them before the

Spirit of Grace. O Almighty Spirit of Grace, May these Poor, blind,

mad Sinners become objects for the Triumphs of Grace! O Almighty

Spirit of God, and of Grace, cause these poor men to see their own

Sinfulness and Wretchedness! Make them willing to be Saved from such

Sinfulness and Wretchedness; Discover to them the only Saviour of

their Souls. Oh! Dispose them, Oh! Assist them to give the Consent of

their Souls unto His Wonderful Proposals. Let them Dy, Renouncing all

Dependence on any Righteousness of their own; Alas, what can they have

of their own to Depend upon! As a Token and Effect of their having

Accepted the Righteousness of God, Let them heartily Repent of all

their Sins against thee, and Abhor and cast up every Morsel of their

Iniquity. Oh! Let them not go out of the World, raging and raving

against the Justice of God and Man; And whatever part of the Satanick

Image is yet remaining on their Souls, Oh! Efface it! Let them now Dy

in such a State and such a Frame, as may render them fit to appear

before God the Judge of all. What shall we do for them? What shall

plead for them?

"Great God, Grant that all the Spectators may get Good by the horrible

Spectacle that is now before them! Let all the People hear and fear,

and let no more any such Wickedness be done, as has produced this

woful Spectacle. And let all the People beware how they go on in the

Ways of Sin, and in the pathes of the Destroyer, after so Solemn

Warnings; Lest thou shouldest not only leave them to the grossest Acts

of Wickedness, but also give them up unto the most amazing

Impenitency, when the Punishment of their Iniquity comes to be

inflicted on them.

"Oh! but shall our Sea faring Tribe, on this Occasion, be in a

Singular manner affected with the Warnings of God! Lord, May those of

our dear Brethren be Saved from the Temptations which do so threaten

them! so ruine them! Oh! let them not Abandon themselves to Profanity,

to Swearing, to Cursing, to Drinking, to Leudness, to a cursed

Forgetfulness of their Maker, and of the End for which He made them!

Oh! Let them not be abandoned of God, unto those Courses that will

hasten them to a Damnation that slumbers not. Oh! Let the men fear the

Lord Exceedingly, We Pray thee! We Pray thee! Let the Condition of the

Six or Seven men, whom they now see Dying for their Wickedness upon

the Sea, be Sanctified unto them.

"And now, we fly, we fly to _Sovereign Grace_. Oh! that the Poor men,

which are immediately to appear before the awful Tribunal of God, may

first by _Sovereign Grace_ have produced upon their Souls those Marks

of thy Favour, without which tis a dreadful Thing to appear before

that awful Tribunal. Oh! Great God, Let thy _Sovereign Grace_ Operate

on this fearful Occasion! God be Merciful to us all, for the Sake of

our Lord Jesus Christ, unto whom with the Father and the Spirit, be

ascribed the Kingdom, the Power and the Glory, for ever more, _Amen_."

They then Severally Spoke, Viz.

I. _Capt. John Quelch._ The last Words he spake to One of the

Ministers at his going up the Stage, were, "I am not afraid of Death,

I am not afraid of the Gallows, but I am afraid of what follows; I am

afraid of a Great God, and a Judgment to Come." But he afterwards

seem'd to brave it out too much against that fear: also when on the

Stage first he pulled off his Hat, and bowed to the Spectators, and

not Concerned, nor behaving himself so much like a Dying man as some

would have done. The Ministers had, in the Way to his Execution, much

desired him to Glorify God at his Death, by bearing a due Testimony

against the Sins that had ruined him, and for the ways of Religion

which he had much neglected: yet now being called upon to speak what

he had to say, it was but thus much; "Gentlemen, 'Tis but little I

have to speak; What I have to say is this, I desire to be informed for

what I am here. I am Condemned only upon Circumstances. I forgive all

the World: So the Lord be Merciful to my Soul." When Lambert was

Warning the Spectators to beware of Bad-Company, Quelch joyning, "They

should also take care how they brought Money into New-England, to be

Hanged for it!"

II. _John Lambert._ He appeared much hardened, and pleaded much on his

Innocency. He desired all men to beware of Bad Company; he seem'd in a

great Agony near his Execution; he called much and frequently on

Christ, for Pardon of Sin, that God Almighty would Save his innocent

Soul; he desired to forgive all the World; his last words were, "Lord,

forgive my Soul! Oh, receive me into Eternity! blessed name of Christ

receive my Soul."

III. _Christopher Scudamore._ He appeared very Penitent since his

Condemnation, was very diligent to improve his time going to, and at

the place of Execution.

IV. _John Miller._ He seem'd much concerned, and complained of a

great Burden of Sins to answer for; Expressing often, "Lord! What

shall I do to be Saved!"

V. _Erasmus Peterson._ He cryed of injustice done him; and said, it is

very hard for so many mens Lives to be taken away for a little Gold.

He often said, his Peace was made with God; and his Soul would be with

God: yet extream hard to forgive those he said wronged him. He told

the Executioner, he was a strong man, and Prayed to be put out of

misery as soon as possible.

VI. _Peter Roach._ He seem'd little concerned, and said but little or

nothing at all.

_Francis King_ was also Brought to the place of Execution, but

Repriev'd.

Printed for and Sold by Nicholas Boone, at his Shop near the Old

Meeting-House in Boston. 1704.

_Advertisement._

There is now in the Press, and will speedily be Published: The

Arraignment, Tryal and Condemnation of Capt. John Quelch, and others

of his Company, etc. For sundry Piracies, Robberies and Murder,

committed upon the Subjects of the King of Portugal, Her Majesties

Allie, on the Coast of Brasil, etc. Who upon full Evidence were found

Guilty, at the Court-House in Boston, on the 13th of June 1704. With

the Arguments of the Queen's Council, and Council for the Prisoners,

upon the Act for the more effectual Suppression of Piracy. With an

account of the Ages of the several Prisoners, and the Places where

they were Born. Printed for and sold by Nicholas Boone, 1704.[6]

[Footnote 6: The publication of the pamphlet here advertised was by

authority of Governor Dudley, who gives the Board of Trade the

following excuse for printing the minutes of the trial before sending

them to that body (letter of July 25, 1705), "My Lords, I should not

have directed the printing of them here, but to satisfy and save the

clamour of a rude people, who were greatly surprised that any body

should be put to death that brought in gold into the Province, and did

at the time speak rudely of the proceeding against them and assisted

to hide and cover those ill persons". _Cal. St. P. Col._, 1704-1705,

p. 585.]

* * * * *

_105. Deposition of Paul Dudley. August 15, 1705._[1]

[Footnote 1: Public Record Office, C.O. 5:1263, no. 57 XXVI. Paul

Dudley was the governor's oldest son. The deposition is one of 55

enclosures in the governor's letter of Nov. 2, 1705, to the Board of

Trade respecting his complaints of irregularities in the governments

of Rhode Island and Connecticut. Though Dudley's commissions as

governor confined his civil authority to Massachusetts and New

Hampshire, his commission as vice-admiral (printed in the

_Publications_ of the Colonial Society of Massachusetts, II. 220-224)

gave him authority in Rhode Island also. The assembly of that colony,

however, claimed the right under their charter to erect admiralty

courts of their own, and for their governor the right to commission

privateers. Queen Anne wrote to them in March 1704, repealing their

act erecting a court, but they held that her letter did not forbid the

commissioning of privateers. See _Records of the Colony of Rhode

Island_, III. 508-510, 535-540.]

The Deposition of Paul Dudley, Esquire, Her Majestys Attourney General

for the Province of the Massachusetts Bay in New England, and Advocate

of the Court of Admiralty--who saith

That on or about the fifth day of June last past, being at Newport on

Road Island in Company with the Honourable Nathaniel Byfield, Esquire,

Judge of the Court of Admiralty, etc.[2] at the House of Samuel

Cranston, Esquire, Governour of said Island, The said Judge

complaining of the said Governours granting a Commission to Captain

Halsey, a Privateer,[3] after the Receipt of her Majesties Commands to

the Contrary, The said Samuel Cranston replyed, That he had taken the

advice of the Generall Court[4] of that Colony, who were all of

opinion That her Majesties Commands did not forbid him or restrain him

from Granting Commissions for Privateers, And that their Charter

granting them Power of Vice Admiralty,[5] he was determined to

Exercise that power, and Grant such Commissions untill their Charter

was actually and wholly taken away; And that they would not part with

their powers or Government by piece meal, but would Die all at once,

And that they had parted with too many of their priviledges

already....

PAUL DUDLEY.

BOSTON in New England

15 August 1705

Sworne in presence of his Excellency the Governour before us

ISA. ADDINGTON }

ANDREW BELCHER } of the Council

[Footnote 2: Nathaniel Byfield--founder of Bristol, Mass, (now R.I.),

nephew of Archbishop Juxon and grandson of that Rev. Richard Byfield

who was vicar of Stratford-on-Avon during most of Shakespeare's

life--was commissioned admiralty judge for Massachusetts and Rhode

Island during brief periods in 1698 and 1703, again 1704-1715 and

1728-1732.]

[Footnote 3: Nov. 7, 1704, Cranston had given a privateer's commission

to Capt. John Halsey of the brigantine _Charles_, the vessel that had

been Quelch's. The governor's confidence seems not to have been

justified, for presently Halsey entered upon a large and lurid career

of piracy, duly described in Johnson, _General History of the

Pyrates_, II. 110-118.]

[Footnote 4: Assembly.]

[Footnote 5: It would be hard to find any such grant in the Rhode

Island charter of 1663.]

_106. Commission for Trial of Piracy. November 1, 1716._[1]

[Footnote 1: Charleston, Records of the Court of Vice-admiralty of

South Carolina, vol. A-B. The document is spread upon the records of

the court for Nov. 27, 1716, at the beginning of the day's

proceedings. This commission is a peculiar one. As has been explained

in note 2 to doc. no. 51 and in note 1 to doc. no. 104, the act 28

Henr. VIII. ch. 15 (1536) provided for the trial of piracy by

commissions specially appointed for the purpose, and with a jury, but

did not extend to the oversea plantations, while the act 11 and 12

Will. III. ch. 7 (1699-1700) extended to those dominions the crown's

authority to appoint such commissions. Before the passage of the

latter statute, colonial governors had as vice-admirals appointed such

commissions, which had then proceeded under the civil (Roman) law, and

not under the statute. But South Carolina had in 1712 expressly

adopted the act of 28 Henr. VIII. (Cooper, _Statutes at Large_, II.

470) and here we have a commission issued by the deputy governor and

council, under authority of the proprietors of Carolina, for trial

under the act of 1536, though action could have been taken under that

of 1700. The accused persons for whose trial the commission was issued

were acquitted. For the whole subject of piracy in or near Carolina,

where it was rife in these years, see S.C. Hughson, "The Carolina

Pirates and Colonial Commerce", in _Johns Hopkins University Studies_,

XII. The most famous case was that of Major Stede Bonnet, but the

original records of that case are fully printed in _State Trials_, ed.

Hargrave, vol. VI.]

South Carolina.

His Excellency John Lord Carteret, Palatine, The most Noble Henry Duke

of Beaufort, the Right Hon'ble William Lord Craven, the Hon'ble

Maurice Ashley Esqr., Sir John Colleton Baronet, John Danson Esqr.,

and the rest of the true and absolute Lords and Proprietors of

Carolina,[2] To Nicholas Trott Esq., Judge of the Vice Admiralty in

South Carolina and chief Justice of the said Province,[3] The Hon'ble

Capt. Thomas Howard Commander of his Majestys ship the _Shoram_, the

Hon'ble Charles Hart Esqr., one of the Members of our Council in South

Carolina, the Hon'ble Thomas Broughton, Speaker of the Lower House of

Assembly in South Carolina, Arthur Middleton and Ralph Izard Esqrs.,

Capt. Philip Dawes, Capt. Willm. Cuthbert, Commander of the _Fortune_

Frigate, Capt. Allen Archer, Commander of the Brigantine _Experiment_,

and Samuel Deane and Edward Brailsford, merchants, Greeting.

[Footnote 2: The six proprietors of Carolina here named held at this

time six of the eight shares in the property. The holder of the

seventh was a minor; the eighth was in litigation.]

[Footnote 3: Nicholas Trott, LL.D., attorney-general of Bermuda

1696-1697, the first attorney general of South Carolina 1698-1702,

chief-justice 1702-1709, 1713-1719, a learned lawyer, and a great

power in the politics of the province so long as the rule of the

proprietors continued. He was the first vice-admiralty judge, having

commissions as such from both the king and the proprietors. He is

often erroneously identified with his cousin the governor (1693-1696)

of the Bahamas, the Nicholas Trott of docs. nos. 63 and 64.]

Whereas by an Act of Parliament made in the Twenty-Eight year of Henry

the Eight Intituled for Pirates It is among other things Enacted That

all Treasons, Felonies, Robberies, Murthers and Confederacies

thereafter Committed in or upon the Seas or in any other Haven, River,

Creek or Place where the Admiral or Admirals have or Pretend to have

power, Authority or Juridiction, Shall be Inquired, Tryed, heard,

determined and Judged in such Shires and Places in the Realm as shall

be Limitted by the Kings Commission or Commissions to be directed for

the same in like form and Condition as if any such Offence or Offences

had been Committed or Done in and upon the Land, and such Commissions

shall be had under the Kings Great Seal Directed to the Admiral or

Admirals or to his or their Lieutenant, Deputy and Deputies, and to

three or Four such other Substantial persons as shall be named or

appointed by the Lord Chancellor of England for the time being from

time to time and as often as needs shall require, to hear and

Determine such Offences after the Common Course of the Laws of England

Used for Treasons, Felonies, Robberies, Murthers and Confederacies of

the same Done and Committed upon the Land within the Realm of England,

And it is further Enacted That such Persons to whom such Commission or

Commissions shall be Directed or four of them at the least shall have

full power and authority to Inquire of such Offences and of every of

them by the Oaths of Twelve good and Lawfull Inhabitants in the Shire

Limited in their Commission in such like manner and form as if such

offence had been Committed Upon the Land within the same Shire, And

that every Indictment found and presentd before such Commissioners of

any Treasons, Felonies, Robbery, Murthers, Manslaughters or such other

Offences Committed or done in and upon the Seas or in and upon any

other River or Creek Shall be Good and Effectual in the Law, and if

any Person or Persons happen to be Indicted for any such Offence done

or thereafter to be done upon the Seas or any other place above

Limitted That then such Order, Process, Judgement and Execution shall

be used had Done and made to and against every such person or Persons

so being Indicted as against Traitors, Felons and Murtherers for

Treason, Felony, Robbery, Murther or such Offences done upon the Land

as by the Law of this Realm is Accustomed, and that the Tryal of such

Offence or Offences if it be Denied by the Offender or Offenders shall

be had by Twelve Lawfull men Inhabited in the Shire Limited within

such Commission, which shall be Directed as is aforesaid, and no

Challenge or Challenges to be had for the Hundred.

And such as shall be Convict of any such Offence or Offences by

Verdict, Confession or Process by Authority of any such Commission

shall have and Suffer such pains of Death, Losses of Lands, Goods and

Chattels as if they had been Attainted and Convicted of any Treasons,

Felonies, Robberies or other the Like said Offences done upon the

Land,[4] Which said Act for Pirates with Several other Acts of

Parliament of the Kingdom of England are made of Force in this

Province by of Act of Assembly Intitled an Act to put in Force in this

Province the several Statutes of the Kingdom Of England or South

Britain therein particularly mentioned, duely Ratified in open

Assembly the Twelth Day of December in the year of our Lord One

Thousand Seven Hundred and Twelve, In which said Act of Assembly

Amongst other things It is Enacted That the Honble Governor and the

Council of this Province for the time being shall have all the power

and Authority relating to the Execution of the therein Enumerated

Statutes as by the same or by any other the Laws of England are Given

to the Lord Chancellor or the Lord Keeper of the Great Seal of England

as the said Act of Assembly, reference being there unto had, will more

fully appear.

[Footnote 4: Thus far quoting, correctly, sect. 2 of 28 Henr. VIII.

ch. 15.]

Now Know yee, That we, reposing especial Trust and Confidence in the

Ability, Care, Prudence and Fidelity of you the said Nicholas Trott,

Thomas Howard, Charles Hart, Thomas Broughton, Arthur Middleton, Ralph

Izard, Philip Daws, William Cuthbert, Allen Archer and Samuel

Brailsford or any four of you, the said Nicholas Trott to be one, have

constituted and Appointed and by these presents Do Constitute and

Appoint you to be Our Commissioners in South Carolina for Examining,

Enquiring of, Trying, Hearing and Determining and Adjudging, according

to the directions of the said act of Parliament as made of force in

the said province of South Carolina, all Treason, Piracies, Robberies,

Felonies and Murthers Committed in or upon the Sea or within any

Haven, River, Creek or place where the Admiral or Admirals have power,

authority or Jurisdiction, And to Do all things necessary for the

hearing and final Determination of any Cases of Treason, Piracy,

Robbery, Felony or Murther Committed on the Sea or where the Admiral

hath Jurisdication, and to Give Sentence and Judgement of Death and to

Award Execution of the Offenders so Convicted and Attainted, And we

hereby direct, Impower and require you our said Commissioners to

proceed, Act, Examine, hear, adjudge and Determine in all things as

fully and amply to all Intents and purposes within this province of

South Carolina as any Commissioners in the Kingdom of England

Impowered by Commission under the Broad Seal pursuant to the said

Statute of the Twenty Eight of Henry the Eight for Pirates or any the

like Commissioners in any of the British Plantations in America can or

may lawfully doe, perform and Execute, And we do hereby Require and

Command all our Officers and all other Persons whatsoever in anywise

concerned to take notice of this our Grant and give all due Obedience

to your said Commissioners in the Execution of the several powers

herein Granted you, as they will Answer the Contrary att their Perils.

Witness our Deputy Governor and our Deputies at CharlesTown in South

Carolina And Given under the Publick Seal of the said Province of

South Carolina This First day of November In the Third year of the

Reign of our Lord George, by the Grace of God of Great Britain France

and Ireland King, Defender of the faith etc. And in the year of our

Lord One Thousand Seven hundred and Sixteen.

ROBERT DANIEL.[5]

GEORGE LOGAN.

FRA. YONGE.

SAM: EVELEIGH.

[Footnote 5: Governor Edward Craven, sailing for England in April

preceding, had left Col. Robert Daniel deputy governor in his stead.

The other signers were deputies of individual proprietors.]

THE PIRATES OF THE _WHIDAH_.

_107. Cyprian Southack to Governor Samuel Shute. May [5?], 1717._[1]

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