Joyntly and Severally testify and make Oath That on the twenty sixth
day of April last we belonged to a certain Sloope Called the _Fisher_
(whereof Robert Ingols was Commander), bound to Boston from Virginia,
being laden with Tobacco, hides and other things. That Assoon as we
arived within a few leagues off Cape Codd we met with a Ship of twenty
eight guns called the _Wedaw_, which assoon as they came near, haled
us and Demanded from whence we came. We told 'em That we came from
Virginia and were bound for Boston. Then they asked us whether the
Master was Acquainted here, meaning (as we suppose) with the Coast.
Our Master Answered he knew it very well, Whereupon they Commanded our
Master and Company to hoist out our boat, which we did, and then our
Master and Mate went on board the said Ship. they, keeping our Master
and Mate on board thereof, Sent four men Armed from thence on board of
our Sloop, whereupon the said Ship stood away to the Northward and
gave Orders to our Sloope to follow their Light, And being in the
Night we lost Sight of said Ship And followed a Snowe light which was
before in Company with her (which said Snow was a Prize the said Ship
had taken off from the Capes of Virginia, as we were informed) untill
the Snow was almost ashoar. then the said Snow came to an Anchor And
Called to us to doe the same, which we Accordingly did, and lay there
till about ten of the Clock the next day, being the twenty Seventh day
of said month; then, the wind blowing off Shoar, they Cutt their Cable
and bid us make the best of our way after them to the Eastward, and
About three leagues off the Cape they, taking out of our Sloope what
they pleased, Commanded us to goe on board the said Snow. then they,
Cutting our Mast off by the board, the hatches of our Sloope being
open, left her afloat in the Sea, then makeing the best of their way
to Menhagen[2] at the Eastward, where we arrived the twenty ninth of
said April, where they stayed and waited for the aforesaid Ship
_Wedaw_ Some time, but she came not, whereupon, thinking the Ship was
lost, they fitted their Long boat and sent her down to Mentinacus,[3]
where they tooke a Sloope belonging to Colonel Minot,[4] one Shallop
belonging to Capt. Lane,[5] and three Scooners. They brought the Sloop
and Shallop and (as we are Informed) the Sailes and Compasses of the
three Scooners to Menhagen, whereupon they manned the last mentioned
Sloope with ten hands and soe went after Capt. Cars Sloope, lying at
Peniquid,[6] which they alsoe took a little distance from said
Peniquid, but finding the Mast and Bowspreat not Serviceable they left
her there, and brought the Master thereof on board the Snow then at
Menhagen aforesaid. In these ten mens absence Came into Menhagen two
Shallops from Marblehead, which the Snow tooke and Caused 'em to come
to an Anchor there, and sent the men therein togeather With us the
Depon'ts to prison upon Menhagen Island, where we lay till they had
fitted the Sloop of Collonel Minots aforesaid with what they thought
fit from the Snow, and soe departed and left the Snow and all the rest
behind,[7] and leaving us to our Libertyes ordered the Skipper of the
Shallope to carry us to Marblehead which they accordingly did, where
we arrived yesterday, being the tenth day of May Instant.
RALPH MERRY
SAM'LL ROBERTS
Attest: JOS. MARION, D. Secr'y.
BOSTON, May 16, 1717
Sworne before the Hon'bl Lieutenant
Governour and Council.
[Footnote 2: Monhegan, a small island on the coast of Maine, off
Pemaquid Point.]
[Footnote 3: Matinicus, a small island farther east, southward from
Rockland.]
[Footnote 4: Stephen Minot of Boston.]
[Footnote 5: Capt. John Lane of Malden, son of a noted
Indian-fighter.]
[Footnote 6: Pemaquid.]
[Footnote 7: A letter from Capt. John Lane, dated at Winter Harbor May
19, shows the continuance of operations: "This moment Came A young man
from Spurwinke which wass Taken by A pirat sloop of Aboute ninty men
with Eight guns which is now att an anker In Cape Elesebth Roade ...
they have Taken one sloop and one shallop which they keep with them".
Maine Hist. Soc., _Coll._, second ser., IX. 357.]
_112. Trial of Simon van Vorst and Others. [October], 1717._[1]
[Footnote 1: Suffolk Court Files, no. 10923; a fragment. The persons
on trial were Simon van Vorst, born in New York, John Brown, born in
Jamaica, Hendrick Quintor and Thomas Baker, both born in Holland,
Peter Cornelius Hoof, born in Sweden (but the name is Dutch), John
Shuan, a Frenchman, born in Nantes, and Thomas South, born in Boston,
England. The trial began Oct. 18, 1717; all but South were condemned
Oct. 22, and executed Nov. 15, "within flux and reflux of the sea."]
That one of the Prisoners asked the Depont. what he thought they were,
to which Baker who stood by, said that the King had Given them a
Commission to make their Fortune, and they were sworn to do it. After
the pink was cast on shoar they said they were in as bad a Condition
then as before.
Alexander Mackonachy, late Cook of the Pink _Mary Anne_ of Dublin,[2]
Saith, That on the 26th day of April last past, in the course of their
Voyage from Nantasket to New York, they were taken by a pyrate Ship
Called the _Whido_, Comanded by Capt. Samuel Bellamy, That all the
Prisoners at the Barr came on board the sd Pink Armed, Except Thomas
South and John Shuan, and made themselves Masters of the Pink; And
that Simon Van Vorst ordered the Captain to go on board the Ship
_Whido_ with his Papers and five of his Company. The Depont. further
Saith That the Pink was Cast away opposite to an Island Called Slutts
Bush; and after the prisoners were Carryed to the Main Land they
looked very sorrowfull and made all Imaginable speed in order to
Escape from the Hands of Justice. That Thomas South behaved himself
Civilly. That Thomas Baker Cutt down the Foremast and Mizen Mast of
the Pink when she run on shoar.
[Footnote 2: See doc. no. 109.]
John Brett, Marriner, Testifyeth and Saith, That in the Month of June
1716 he was taken by two Pyrate Sloops, one Commanded by Capt. Samuel
Bellamy and the other by Capt. Labous. They Damn'd the Depont. and bid
him bring his Liquor on board. They Carryed him to the Island of
Pynes, and he was detained a Prisoner by them there Eighteen days,
During which time John Brown was as Active on board the Pyrate Sloop
as the rest of the Company, he told a Prisoner then on board that he
would hide him in the hold, and hinder him from Complaining against
him, or telling his Story.
Thomas Checkley, Marriner, Saith, That he knows John Shuan the
Prisoner at the Barr, That he belonged to the _Tanner_ Frigot, One
John Stover Master, and sometime in March last the said Ship or Frigot
was taken in the prosecution of her Voyage from Pettyguavus to old
France by Capt. Samuel Bellamy and Monsieur Lebous. they pretended to
be Robbin Hoods Men. That Shuan Declared himself to be now a Pyrate,
and went up and unrigged the Maintopmast by order of the pyrates, who
at that time forced no Body to go with them, and said they would take
no Body against their Wills.
Moses Norman says that he knows Thomas Brown, and saw him in Company
with the Pyrates belonging to Capt. Bellamy and Monsr. Lebous when the
Depont. was taken with Capt. Brett in the Month of June 1716. That he
was Carryed to the Isle of Pynes, and kept Prisoner Seventeen or
Eighteen days, During all which time the sd Thomas Brown was very
Active on board of Capt. Labous.
John Cole Saith That on the twenty seventh day of April last he saw
the Prisoners now at the Barr, in Eastham, soon after they were Cast
on shore, that they tarryed a short time at his house, and lookt very
much Dejected and Cast down. they Enquired the way to Rhode Island,
and made great hast from his house tho he asked them to tarry and
refresh themselves.
John Done, Esq., Saith that hearing there were some Pyrates Journeying
towards Rhode Island, he pursued them with a Deputy Sheriff and other
assistants, and seized the Prisoners, now at the Barr, at Eastham
Tavern about the 27th of April last; When they Confessed that they
belonged to Capt. Bellamy Comander of the Ship _Whido_, and had taken
the Pink _Mary Anne_, in which they run on shoar.
After the aforenamed Witnesses were Examined, the Court in favour of
the Prisoners by giving them time to make their Defence Adjournd till
three a Clock post merediem.
The Court met about that time and the Prisoners were sent for and
brought again to the Barr, when the President[3] Observed to them,
that this Court had Given them time, till now, to make their own
Defence, Then demanded what they had to say for themselves.
[Footnote 3: Governor Shute. The court consisted of the governor,
William Dummer, lieutenant-governor, nine members of the council, John
Menzies, vice-admiralty judge, the captain of H.M.S. _Squirrel_, then
on the New England station, and the collector of the plantation duties
at Boston. See doc. no. 201, note 1.]
Simon Van Vorst Alledged that he was forced by Capt. Bellamys Company
to Do what he did, and would have mad known his Intentions to make his
Escape from the Pyrates unto the Mate of the sd Pink, but that he
understood by the Mates Discourse that he Inclined to be a Pyrate
himself, and therefore he did not discover his mind to the Mate.
Thomas Brown pretended himself also to be a forced Man, but produced
no Evidence to make it Appear to the Court.
Thomas South Alledged that he belonged to a Bristoll Ship[4] whereof
one James Williams was Master, That he was taken by Capt. Bellamy and
forced to tarry with him, otherwise was threatened to be put upon a
Desolate Island where there was nothing to Support him.
[Footnote 4: The _St. Michael_.]
Thomas Baker Saith that he and Simon Van Vorst were both taken out of
one Vessell, That he Attempted to make his Escape at Spanish Town,[5]
and the Governour of that place seemed to favour his Design, till
Capt. Bellamy and his Company sent the Governour word that they would
burn and destroy the Town, if that the sd Baker and those that
Concealed themselves with him were not delivered up, And afterwards he
would have made his Escape at Crabb Island[6] but was hindred by four
of Capt. Bellamy Compa.
[Footnote 5: The old Spanish capital of Jamaica, founded in 1525 by
Diego Columbus under the name of Santiago de la Vega.]
[Footnote 6: See doc. no. 72, note 5.]
Hendrick Quintor saith That he was taken by Capt. Bellamy and Monsr.
Labous; and they had Agreed to let him go to the Coast of Crocus[7] in
the French Vessel which they took him in, But the Commander thereof
soon after dyed and so Captn. Bellamy would not permit him to proceed
the sd. Voyage and he was unavoidably forced to Continue among the
Pyrates.
[Footnote 7: Caracas?]
Peter Cornelius Hoof Declares and Saith That he was taken by Capt.
Bellamy in a Vessel whereof John Cornelius was Master, That the sd.
Bellamys Company swore they would kill him unless he would Joyn with
them in their unlawfull Designs.
John Shuan, by his Interpreter, Saith That he was sick at the time
when Capt. Bellamy took him, and went on board the Pyrate Vessel at
the Instance of Capt. Bellamy's Doctor, who advised him to stay with
him till his Cure. And that when he went on board the Pink _Mary Anne_
he did not Carry any Arms with him; and that he hoped by going on
board the Pink he should the sooner make his Escape from the Pyrates,
for that he had a better way of getting his Living than by Pyrating.
The Evidence for the King being fully heard, and also the Pleas and
Allegations made by the Prisoners at the Barr, His Majesty's Attorney
General[8] in a very handsome and learned speech summed up the
Evidence and made his Remarques upon the whole, and the Court was
cleared, and the Evidence and pleadings thereupon against the
Prisoners, with their Defences, having been duly considered, and the
Question put,[9]
[Footnote 8: Paul Dudley, acting as king's advocate before the special
commission appointed under the act of 11 and 12 Will. III. ch. 7. See
doc. no. 104, note 1.]
[Footnote 9: Here this fragmentary record of the trial ends. On Oct.
22 Van Vorst, Brown, Quintor, Hoof, Shuan, and Baker were condemned
and sentenced to death. Cotton Mather records in his _Diary_, II. 483,
that on Nov. 2 he had obtained a reprieve, perhaps a pardon, for one
who was more penitent and less guilty than the others (South or Davis?
but both had been acquitted). On Nov. 15 he records, II. 488, "Six
pirates executed. I took a long and sad Walk with them, from the
Prison to the Place of Execution", instructed them, and prayed with
them. Before the end of the year he published _Instructions to the
Living, from the Condition of the Dead, A Brief Relation of
Remarkables in the Shipwreck of above One Hundred Pirates, Who were
Cast away in the Ship Whido, on the Coast of New-England, April 26,
1717, And in the Death of Six, who after a Fair Trial at Boston, were
Convicted and Condemned, Octob. 22, And Executed, Novemb. 15, 1717,
With some Account of the Discourse had with them on the way to their
Execution, And a Sermon preached on their Occasion_ (Boston, 1717). In
the pamphlet _The Trials of Eight Persons_ we see Van Vorst and Baker,
properly repentant, singing a Dutch psalm on their way to execution.]
_113. Trial of Thomas Davis. October 28, 1717._[1]
[Footnote 1: Suffolk Court Files, fragment 99. Davis was tried
separately, on Oct. 28, and acquitted on Oct. 30.]
Then the Kings Evidences were called into Court and, no Objection agt
them being made by the Prisoner,
Owen Morris, Marriner, was first Examined upon Oath, Who solemnly
Testifyed and Declared that he knew the Prisoner at the Barr, That he
belonged to the Ship _St. Michael_, whereof James Williams was Master,
and in the Month of September 1716 They left Bristol bound to Jamaica
and in December following the said Ship was taken by two Pyrat Sloops,
one comanded by Capt. Samuel Bellamy, and the other by Louis Le Boose,
about Twenty Leagues off Sabia,[2] That they Gave the said Williams
his Ship and Detained the Prisoner, because he was a Carpenter and a
Singleman, together with Three others of the Ships Company. And
further the Dep't Saith that the Prisoner was very Unwilling to goe
with Bellamy and prevailed with him by reason of his Intreatys to
promise that he should be Discharged the next Vessell that was taken,
and afterwards the Dep't was again taken in the Ship _Whido_,
Commanded by Capt. Prince, by the said Captain Bellamy, who was then
Commander of the Ship _Sultana_, taken from Capt. Richards as the
Dep't understood, and then he saw the Pris'r aboard the said Ship. At
which time the Pris'r reminded the said Bellamy of his promise. When
he asked him if he was willing to goe he answered, yes, and then the
said Capt. Bellamy replyed if the Company would Consent he should go.
And thereupon he asked his Comp'y if they were willing to lett Davis
the Carpenter go, Who Expressed themselves in a Violent manner saying
no, Dam him, they would first shoot him or Whip him to Death at the
Mast.
[Footnote 2: Saba; see doc. no. 108, note 5.]
Thomas South, Marriner, lately taken by Capt. Samuel Bellamy in the
Pyrate Ship _Whido_, Cast away upon this Coast, and Discharged upon
his Tryal, was admitted an Evidence, and being Accordingly Sworn
Saith; That the said Bellamy while he was in Command of the said Ship
_Whido_ took a Scotch Vessel off the Capes of Virginia last Spring,
Cutt down her Masts and Sunk her. That he heard the said Thomas Davis
went on Board her: but I did not see him. That this Depo't Thought it
not prudent to be too familiar with the Prisoner[3] because it might
tend to Create a Jealousy in the Pyrates, that the Depo't and the
Pris'r (whom they Suspected, because he was a forced man) would runn
away together, and The Depo't Saith further that Capt. James Williams,
Commander of the Ship _St. Michael_ (whose Carpenter the Pris'r was)
Intreated the said Capt. Bellamy when he took him to lett the Pris'r
go. But the Ships Comp'y would by no means Consent thereto by reason
he was a Carpenter, And swore that they would shoot him before they
would lett him go from them.
[Footnote 3: He had been a shipmate of Davis on the _St. Michael_.]
Capt. John Brett, Marriner, Sworn, Saith that he was taken by Capt.
Samuel Bellamy before the Ship _Sultania_ was taken from Capt.
Richards, and then it was the Custome among the Pyrates to force no
Prisoners, but those that remained with them were Voluntiers.
Capt. Thomas Fox, sworn, saith that he was taken by the Pyrates in
July last and Robb'd, and they Questioned him whether anything was
done to the Pyrates in Boston Goall. The Depo't Answered he knew
nothing about them, and in particular a Dutchman belonging to the
Pyrate asked him about his Consort, a Dutch Man, in Boston Prison, and
said that if the Prisoners Suffered they would Kill every Body they
took belonging to New England.
Seth Smith, Prison keeper in Boston, sworn, Saith that when the
Prisoner at the Barr was first brought to Goal his Illness hindered
their talking together, But sometime after as they were discoursing
the Depo't observed to the Prisoner that if he would be Ingenious and
make a Confession he might save his Life and be a good Evidance
against the other Pyrates in Prison, To which the Prisoner made answer
that he was abused by Several of the Pyrates that were Drowned and was
Glad he had got from them, but knew nothing against the Rest of the
Pyrates in Prison.
Then the Kings Council moved the Court that Capt. Thomas Glyn, a
Prisoner for Debt upon Execution, might be brought into Court to give
Evidence on his Majestys behalf in this Tryal, Whereupon the Court
directed the Sheriffs who have the keeping of his Majestys Goal to
bring the said Glyn into Court.
Capt. Isaac Morris, Sworn, Saith That on the 14th of September 1716 he
was taken by the Pyrates but knows nothing of Capt. Bellamy or his
accomplices.
Capt. Thomas Glyn, being brought into Court by the Sheriffs and
Interrogated upon Oath, Saith that he never knew the Prisoner.
_114. Memorial of Thomas Davis. 1717._[1]
[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. With this
memorial we may connect a passage in the pamphlet _Trials_: "Mr.
Valentine [counsel for Davis] moved, That an Affidavit under the firm
seal of a Notary Publick in Great Britain, and in favour of the
prisoner, should be read in open Court", but the request was denied,
as contrary to the act of Parliament requiring all evidence respecting
pirates to be given _viva voce_. Davis is recorded as a shipwright,
aged 22, born in Carmarthenshire, who "had used the sea these five
years".]
Province of the Massachusetts Bay. To His Excellency Samuel Shute,
Esquire, Governour, and the Honourable His Majesties Council for the
said Province.
The Memorial and humble Representation of Thomas Davis of Bristol in
Great Britain, Shipwright,
Sheweth, That in the month of September last past he sailed out of
Bristol as Carpenter of the Ship _St. Michael_, whereof James Williams
was the Commander, bound for Jamaica, and on or about the sixteenth
day of December following We met two Pyrate Sloops, One Commanded by
Capt Samuel Bellame, and the other by Monsr. Louis Le Bou[s], who
took the said ship about twenty Leagues off of Sabia and Carried us to
the Island of Blanco, w[h]ere we were kept till the ninth day of
January when your Memo. (with about fourteen more Prisoners taken by
the said Pyrate Sloope) was forced on board the ship _Sultan Gally_,
taken from Capt. John Richards, then under the said Bellames Command,
And afterwards the said Bellame took another ship called the _Whiddo_,
and your Memo., with the rest of the said Ships Compa., Came in her
upon this Coast, where she was Cast away, as is very well known, and
your Memo, (with one Jno. Julian[2]) only Escaped. And since his
Imprisonm't he is Informed That some have Reported That your Memo. was
several times on board the said ship after she was Cast away and knew
where a considerable part of her Treasure was, and that he had
Concealed some of it;[3] and many other things have been given out
Concerning your Memo. very falsely, to the great prejudice of your
Memo., Who is altogether Ignorant of what is Alledged against him, And
hath already Discharged his Conscience by making a true and full
Discovery of all he knows referring to the premises. But your Memo.
being a stranger was not Credited and therefore he had no better Fare
than the Pyrates, being in Chains as well as they; Whereas he declares
from his heart that he was forced along with them, very Contrary to
his will and to his great grief and sorrow, and was no ways Active
among them any further than he was Compelled.
[Footnote 2: So the manuscript reads, but it is doubtless an error for
"Jno. Indian", which in the handwriting of that day would look much
the same; we know that one Englishman and one Indian alone escaped,
and in the printed _Trials_ it was testified that the pirates had "one
Lambeth and one Indian born at Cape Cod for Pilots."]
[Footnote 3: See doc. no. 110.]
And forasmuch as your Memo. understands that the Pyrates in Prison
suspect that he will make such discoverys as will not be pleasing to
them, he is fearfull least they should hurt him, if not deprive him of
life, to prevent his Testimony against them. Your Memo. therefore and
for the Considerations before mentioned Humbly prays your Excellency
and Honours will so far Indulge him as to free him from his Chains
and Imprisonm't with the pyrates, and that he may have some Apartm't
seperate from them, and that such other Relief may be Given to your
poor pet'r (who is Innocent of what is laid to his Charge) as the
matter will bear, and as to your Excellency and Honours in your great
Moderation and Compassion shall seem meet.
And your Memo. (as in Duty bound) shall ever pray, etc.
THOMAS DAVIS.
_115. Petition of William Davis. 1717._[1]
[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. There were
several oral witnesses to Thomas Davis's good character.]
To His Excellency the Governour and Council
The humble Petition of William Davis of Bristol Carpenter and Father
of the said Thomas Davis,
Sheweth, That the said Thomas Davis from his youth up hath been a
Dutiful and Obedient son, and his life and Deportm't has been always
Regular and becoming as well as Peaceable, and your poor Pet'r prays
your Excellency and Honours will Compassionate him and extend your
Favour and Indulgence to his son as far as shall stand with your
Wisdom and Clemency.
And your Pet'r shall pray, etc.
WILLIAM DAVIS.
Capt. John Gilbert, Marriner, belonging to Bristol, Testifyeth and
saith That he well knew Thomas Davis (son of the abovenamed William
Davis) for these seven or eight years last past, and that he has had a
good Education in a Religious and Orderly Family, and his
Conversation, Carriage and behavour all that while was very decent and
becoming, and this Depon't has no reason to think but that he always
lived a well ordered life, having never heard to the Contrary.
And further Saith not.
JNO. GILBERT.
PRIZE COURTS.
_116. Sir Henry Penrice to the Secretary of the Admiralty. November
29, 1718._[1]
[Footnote 1: Public Record Office, Admiralty 1:3669. This letter was
apparently addressed to the secretary of the Admiralty, Josiah
Burchett. Sir Henry Penrice was judge of the High Court of Admiralty
from 1715 to 1751.]
_Sir_,
Since I had the Honour of your letter I have looked into the Registers
Office,[2] and there find Copies of the Orders of Council, of
Commissions for granting Letters of Mart, of Commissions for
proceeding in Prize Courts, and of Warrants to the Judge of the High
Court of Admiralty thereupon, in the years 1664, 1672, 1689 and
1702,[3] of which if you please you may have Copies if they will be of
any service in the present Case.
[Footnote 2: The office of the register of the Admiralty.]
[Footnote 3: At the beginnings, respectively, of the Second Dutch War,
the Third Dutch War, and the wars of William and of Anne against
France.]
Now as to the Question proposed whether there is Occasion for any
further power, to the severall Courts of Admiralty in the plantations,
other Remote parts, or at home, to Try and Condemn such Prizes as may
be Taken?
As far as I have observed during the course of the Wars with Holland,
France and Spain, the High Court of Admiralty have proceeded in all
Prize causes, by Virtue of Warrants from the Lord High Admiral or
Commissioners for Executing that Office, in pursuance of Commissions
under the Great Seal directed to them for that purpose;[4] and
Commissioners were appointed at the severall Plantations to take the
Examinations of Witnesses in preparatory and to transmit them hither,
together with the Ships papers, and in case the ship and Goods were
perishable they had a Power to Appraise and sell, and keep the produce
in their hands, till after Sentence, that the Merchants might have
time, and be at a Certainty, where to enter their Claims.
[Footnote 4: Such a commission (1748) is printed in Marsden, _Law and
Custom of the Sea_, II. 297, and (1756) in Stokes, _View of the
Constitution of the American Colonies_, p. 278.]