Plantations, by Authority thereof,[5] proceeded in Prize Causes, which
I conceive they had no right to do before; and that power being during
the late War only, by Virtue of that Act, I presume it is now
determined. Therefore upon a Grant of new Powers, I must humbly submit
it to their Lordships Consideration, whether it may be for the Honour
and Service of his Majesty, to permit the Vice-Admiralty Courts in the
Plantations to proceed in Prize Causes, since it is much to be feared
they are not well versed in the Laws of Nations, and Treaties between
Us and other States; and it is well known that they do not proceed in
that Regular Manner as is practised in His Majesties High Court of
Admiralty; besides it will be a Considerable Time before Orders from
their Lordships upon any Emergency can reach the Vice Admiralty Courts
in the plantations, for want of which great Inconveniences may arise;
whereas the Admiralty Court here is under their Lordships Eye and
Immediate direction, and always ready to observe such Instructions as
the Nature of affairs shall require.
[Footnote 5: 6 Anne ch. 37, "An Act for the Encouragement of the Trade
to America" (1707), sect. 2.]
But this is most humbly submitted to Their Lordships great Wisdom, by,
Sir,
Your most humble servant
H. PENRICE.
DOCTORS COMMONS, November 29, 1718.
PIRACY OF BARTHOLOMEW ROBERTS.
_117. Extract from the Boston News-Letter. August 22, 1720._[1]
[Footnote 1: From the file possessed by the Massachusetts Historical
Society.]
_Boston_, On Monday last, the 15th Currant, arrived here the Ship
_Samuel_, about eleven Weeks from London, and ten from Lands end,
Capt. Samuel Carry Commander,[2] who in his Voyage hither, on the 13th
of July past, in the Latitude of 44, about 30 or 40 Leagues to the
Eastward of the Banks of New-foundland, was accosted and taken by two
Pirates, viz., A Ship of 26 Guns, and a Sloop of ten, both Commanded
by Capt. Thomas Roberts,[3] having on board about a hundred Men, all
English: The dismal Account whereof follows:
[Footnote 2: Sewall notes in his diary, under this same date of Aug.
15, "Cary arrives who had been pillaged by the Pirats." Mass. Hist.
Soc. _Coll._, XLVII. 259.]
[Footnote 3: For Thomas read Bartholomew. Bartholomew Roberts was one
of the most famous pirates of his time, _i.e._, of the years
1718-1724, the heyday of piracy in the eighteenth century. Capt.
Charles Johnson, in his account of that period, _A General History of
the Pyrates_ (London, 1724), devotes nearly a third of his book (pp.
161-260 of the first edition) to Roberts, as "having made more Noise
in the World" than others, and declares (p. 3 of preface) that
"Roberts and his Crew, alone, took 400 Sail, before he was destroy'd".
Of his appearance we have this picture, from the same chronicler's
account of his last fight: a tall dark Welshman of near forty,
"Roberts himself made a gallant Figure, being dressed in a rich
crimson Damask Wastcoat, and Breeches, a red Feather in his Hat, and a
Gold Chain Ten Times round his Neck, a Sword in his Hand, and two pair
of Pistols hanging at the End of a Silk Sling, which was flung over
his Shoulders, according to the Fashion of the Pyrates" (p. 213). His
meteoric career of piracy lasted but four years.]
The first thing the Pirates did, was to strip both Passengers and
Seamen of all their Money and Cloths which they had on board, with a
loaded Pistol held to every ones breast ready to shoot him down, who
did not immediately give an account of both, and resign them up. The
next thing they did was, with madness and rage to tare up the Hatches,
enter the Hould like a parcel of Furies, where with Axes, Cutlashes,
etc., they cut, tore and broke open Trunks, Boxes, Cases and Bales,
and when any of the Goods came upon Deck which they did not like to
carry with them aboard their Ship, instead of tossing them into the
Hould again they threw them over-board into the Sea. The usual method
they had to open Chests was by shooting a brace of Bullets with a
Pistol into the Key-hole to force them open. The Pirates carryed away
from Capt. Carry's Ship aboard their own 40 barrels of Powder, two
great Guns, his Cables, etc. and to the value of about nine or ten
Thousand Pounds Sterling worth of the Choicest Goods he had on board.
There was nothing heard among the Pirates all the while, but Cursing,
Swearing, Dam'ing and Blaspheming to the greatest degree imaginable,
and often saying they would not go to Hope point[4] in the River of
Thames to be hung up in Gibbets a Sundrying as Kidd and Bradish's
Company did, for if it should chance that they should be Attacked by
any Superiour power or force, which they could not master, they would
immediately put fire with one of their Pistols to their Powder, and go
all merrily to Hell together! They often ridicul'd and made a mock at
King George's Acts of Grace[5] with an Oath, that they had not got
Money enough, but when they had, if he then did grant them one, after
they sent him word, they would thank him for it. They forced and took
away with them Capt. Carry's Mate, and his Seamen, viz. Henry Gilespy,
Mate,[6] Hugh Minnens,[7] both North Britains, Michael Le Couter, a
Jersey Man, and Abraham, a Kentish Man, could not learn his Sir-name,
the Captains Book being carryed away, (except one Row born in Dublin
which they would not take because born in Ireland),[8] holding a
Pistol with a brace of Bullets to each of their breasts to go with
them, or be presently shot down, telling them that at present they
wanted none of their Service; but when they came to any Action, they
should have liberty to Fight and Defend the Ship as they did, or else
immediately be shot, that they should not tell tales. They had on
board the Pirate near 20 Tuns of Brandy. However the Pirates made
themselves very merry aboard of Capt. Carry's Ship with some Hampers
of fine Wines that were either presents, or sent to some Gentlemen in
Boston; it seems they would not wait to unty them and pull out the
Corks with Skrews, but each man took his bottle and with his Cutlash
cut off the Neck and put it to their Mouths and drank it out.[9]
Whilst the Pirates were disputing whither to sink or burn Capt.
Carry's Ship they spy'd a Sail that same evening, and so let him go
free.
[Footnote 4: Probably a derisive phrase of their own, for the ordinary
place of execution near Wapping Old Stairs.]
[Footnote 5: Proclamations offering pardon to pirates who should
surrender themselves within a given time. Two such proclamations of
George I., Sept. 5, 1717, and Dec. 21, 1718, are printed in the
American Antiquarian Society's volume of royal proclamations relating
to America, _Transactions_, XII. 176-178.]
[Footnote 6: When the survivors of Roberts's crew were tried at Cape
Corso Castle on the African coast in March and April, 1722, and
fifty-two of them executed, this man ("Harry Glasby") was acquitted,
for, though he had risen to be master of the principal pirate ship,
there was abundant evidence (Johnson, first ed., pp. 186, 235-238)
that he had always been unwilling to continue with the pirates, that
he had tried to escape, and that he had often shown himself humane.
Scott uses the name of Harry Glasby in _The Pirate_, vol. II., ch. 11,
borrowing it from Johnson.]
[Footnote 7: Or Menzies. _Ibid._, p. 228.]
[Footnote 8: Roberts's hostility toward Irishmen arose from the trick
played upon him by one of his lieutenants, an Irishman named Kennedy,
who on the coast of Surinam ran away with both his ship and a good
Portuguese prize. _Ibid._, pp. 166-169.]
[Footnote 9: They seem to have been painfully destitute of corkscrews.
A year later, on the West African coast, when they had captured in a
ship of the Royal African Company the chaplain of Cape Coast Castle,
and had asked him to join them, "alledging merrily, that their Ship
wanted a Chaplain", and he had declined, they gave him back all his
possessions, and "kept nothing which belonged to the Church, except
three Prayer-Books, and a Bottle-Screw, which, as I was inform'd by
one of the Pyrates himself, they said they had Occasion for, for their
own Use". _Ibid._, p. 198.]
And at Midnight they came up with the same, which was a Snow from
Bristol, Capt. Bowls Master, bound for Boston, of whom they made a
Prize, and serv'd him as they did Capt. Carry, unloaded his Vessel and
forced all his Men, designing to carry the Snow with them to make her
a Hulk to carreen their Ship with.
The abovesaid Capt. Roberts in Novemb. 1718,[10] was third Mate of a
Guinea Man out of London for Guinea, Capt. Plummer Commander, who was
taken by a Pirate, and by that means Roberts himself became a Pirate,
and being an active, brisk Man, they voted him their Captain, which he
readily embraced.
[Footnote 10: Johnson says 1719 (second ed., p. 208), but 1718 is
correct. The _Princess_, Capt. Plumb, was captured at Anamabo by Capt.
Howel Davis. _Id._, first ed., p. 157; for the ensuing narrative,
_cf._ pp. 175-178.]
The said Roberts in the abovesaid Sloop, Rhode Island built, with a
Briganteen Consort Pirate, was some time in January last in the
Latitude of Barbadoes, near the Island, where they took and
endeavoured to take several Vessels; but the Governour,[11] hearing of
it, fitted out one Capt. Rogers of Bristol, in a fine Gally, a Ship of
about 20 Guns, and a Sloop, Capt. Graves Commander; Capt. Rogers
killed and wounded several of Roberts's Men, and made a great hole in
his Sloop, which his Carpenter with very great Difficulty (hundreds of
Bullets flying round him) stopt, and finding Capt. Rogers too strong
for him, tho' Graves did nothing, which if had, he must of necessity
been taken, he therefore run for it, as also did his Consort
Briganteen, which he never saw nor heard of since.
[Footnote 11: Robert Lowther, governor 1710-1721.]
From Barbadoes Roberts went to an Island called Granada,[12] to the
Leeward of Barbadoes, where he carreen'd his Sloop, and from thence
this Spring with 45 Men he came to Newfoundland, into the Harbour of
Trepassi,[13] towards the latter end of June last, with Drums beating,
Trumpets sounding, and other Instruments of Musick, English Colours
flying, their Pirate Flagg at the Topmast-Head, with Deaths Head and
Cutlash, and there being 22 sail in that Harbour, upon the sight of
the Pirate the Men all fled on Shore and left their Vessels, which
they possess'd themselves off, burnt, sunk and destroyed all of them,
excepting one Bristol Gally, which they designed to be their best
Pirate Ship, if a better did not present. After they did all the
mischief they could in that Harbour, they came on upon the Banks,
where they met nine or ten sail of Frenchmen, one of whom is the
Pirate Ship of 26 Guns abovesaid, taken from a French-man, unto whom
Roberts the Pirate gave the Bristol Gally, but sunk and destroyed all
the other French Vessels, taking first out what Guns were fit for his
own Ship, and all other valuable Goods.
[Footnote 12: Grenada, not yet a British possession.]
[Footnote 13: At the southeast corner of Newfoundland, just west of
Cape Race.]
Roberts the Pirate designed from Newfoundland to range thro' the
Western and Canary Islands, and so to the Southward, to the Island of
New Providence,[14] possest by Negroe's, in South Latitude 17, which
they say is the place of the Pirates General Rendezvous, where they
have a Fortification and a great Magazine of Powder, etc. where they
intend to spend their Money with the Portuguize Negro Women. Roberts
the Pirate says, that there is a French Pirate on the North Coast of
America, who gives no Quarter to any Nation, and if he met him, he
would give him none. The Pirates seems much enraged at Bristol Men,
for Capt. Rogers sake, whom they hate as they do the Spaniards.
[Footnote 14: This island seems to be imaginary. In the Atlantic,
which seems to be meant, there is no island in 17 deg. S. lat. except St.
Helena. In the Indian Ocean there is a Providence Island in 9 deg. S.
lat., north of Madagascar. But newspaper accuracy was no greater then
than now. Roberts went first to the West Indies, then to the west
coast of Africa, where after many exploits he was killed in battle
with H.M.S. _Swallow_, 50, in February, 1722. Johnson, first ed., pp.
179-188, 193-214. The captain of the _Swallow_ was knighted for the
exploit (capturing 187 pirates), and afterward became famous as
Admiral Sir Chaloner Ogle.]
ADMIRALTY COURTS.
_118. John Menzies to the Secretary of the Admiralty (?). July 20,
1721._[1]
[Footnote 1: London, Privy Council, Unbound Papers, 1:47, copy;
probably the original was addressed to the secretary to the Admiralty.
John Menzies, a Scotsman and a member of the Faculty of Advocates of
Edinburgh, was judge of the vice-admiralty court for New Hampshire,
Massachusetts, and Rhode Island, from Dec., 1715, to his death in
1728. See Mass. Hist. Soc., _Proceedings_, LIV. 93-94.]
_Copy_
_Sir_
Since I transmitted to you Copies of my Decrees with reference to
Captain Smart's Seizure when in this place,[2] I have not given you
the trouble of any Information of my Proceedings, or Complaints, The
Provincial Judges in Colonel Shute's Government and I having come to a
better understanding in relation to Prohibitions, by his Countenance
in Complyance with their Lordships Order.[3]
[Footnote 2: Capt. Thomas Smart of H.M.S. _Squirrel_. _Publications
Col. Soc. Mass._, VIII. 179; _Acts of the Privy Council, Colonial_,
III. 30.]
[Footnote 3: There was constant friction between admiralty judges and
common-law judges in America as there had been in England. In 1726
Judge Menzies was expelled from the legislature of Massachusetts for
stoutly standing by the complaints he had made to the Admiralty on
this subject. A discussion of one of them, by Richard West, counsel to
the Board of Trade, is printed in Chalmers, _Opinions_ (ed. 1858), pp.
515-519.]
This comes that the Lords Commissioners for Executing the Office of
Lord High Admiral may be informed of a Case that hath lately occurred
within the jurisdiction of Admiralty contained in my Commission,[4]
Namely, One Benjamin Norton of Rhode-Island, and One Joseph Whippole,
a Considerable Merchant of that Colony,[5] did fit out a Brigantine,
and sent her under the Command of the said Norton to the West Indies
last Fall (a Vessel by Common Observation more fit for Pirates than
Trade for which they pretended to Employ her) who Fell in with the
Pirates at St. Lucia in January last, and was (as he saith) taken by
One Roberts a Pirate, though by the Sequel it appears, he is more to
be considered as one of their Assistants and Correspondents, for after
he had remained with them Six or Seven Weeks, They took a Ship Dutch
Built of 250 Tuns Burthen, or thereby, and having Loaded her with
Sugars, Cocoa, Negroes, etc. of very considerable Value, All this they
gave to him for his Brigantine though of much more Value than She, and
by the most Judicious in the Country, is supposed to have been
committed to him as one of their Trusties, to Vend the Cargo in that
Colony, a Practice not without precedent in that Colony these several
Years past, if my Information fail not;[6] however, be that as it
will, he comes with this Ship and Cargo into Tarpaulin Cove,[7] a
Place lying between the Province of the Massachussets Bay and Rhode
Island, where (by the by) the Pirates used to come to infest Our
Coasts in April last: And did in a Clandestine Manner advise the said
Joseph Whipple of his arrival.
[Footnote 4: See _Acts P.C. Col._, III. 38-40.]
[Footnote 5: Benjamin Norton of Newport was probably the father of the
Benjamin Norton who in 1741 was commander of the privateer _Revenge_,
and as such figures in docs. nos. 114-162. Col. Joseph Whipple the
younger, afterward deputy governor of Rhode Island.]
[Footnote 6: According to Johnson, _General History of the Pyrates_,
first ed., pp. 183, 187, Roberts took at Dominica "a Dutch Interloper
of 22 Guns and 75 Men" and a Rhode Island brigantine of which one
Norton was master, and at Hispaniola, a little later, "mann'd Nortons
Brigantine, sending the Master away in the Dutch Interloper, not
dissatisfied".]
[Footnote 7: Tarpaulin Cove lies on the east side of Naushon, one of
the Elizabeth Islands.]
And having dropped Anchor there, he fired at, and brought too several
of Our Coasters, upon which a Rumour arose, that the Pirates were on
the Coast, whereby Our Coasters, except his Accomplices who understood
better, were deterred for some Days from Falling within his reach, And
in the interim, the aforesaid Whipple, with One Christopher Almy, and
One Pease, also considerable Traders of New Port in Rhode Island, with
some others, did improve that Opportunity, and carried off and
conveyed about 30 of the Negroes, with considerable Quantities of the
Sugars, Cocoa, etc., partly in Sloops sent out by them for that
purpose, and partly in such others as they intrusted therewith, and a
great part of which was by the said Almy and Whipple directed to
Providence Plantacion and recommended to the Care and Conduct of One
Whipple,[8] Brother to the said Joseph, that Place being their
Ordinary Mart and Recepticles for such Cargoes. But so many
accessaries were concerned, and the Cargo so considerable, the Secret
was Discovered, and thereupon the Officers of his Majesty's Customs,
both in the Province of Massachussets Bay and Colony of Rhode Island,
did exert themselves, and the Collector at Boston did Seize upon the
Ship and remainder of the Cargo,[9] The said Benjamin Norton upon the
Discovery having relinquished the Ship and absconded. And the
_Surveyor and Searcher at Rhode Island did Seize upon and Secure the
Sloop_ belonging to one Draper, employed by the said Joseph Whipple,
in which a considerable Quantities of the Sugars, etc., had been
carried off, And did insist against them, upon the breach of the Acts
of Trade, for _Neglect to make Entries as the Law directs_. Upon which
Informations I gave Decrees finding the same lawful Seizures, and
Ordered the Values thereof (after Sale should be made) to be Paid into
Court, in regard of the Circumstantial Case, and delivered up to the
Collector, etc., as Informers, upon their enacting and obliging
themselves in the Court of Admiralty to refund the Values in Case any
Owner should appear and make good their Title thereto within Twelve
Months. This is complyed with at Boston, but in the Colony of
Rhode-Island, though the Informations were Laid at the instance of the
Officers of the Customes, and that I had given Decrees Condemnator[y]
thereupon, and Ordered the Sales by Publick Vendue, Yet in regard I
had obliged them to Enact for Refunding, _The Collector_, in
conjunccion with the Governor at Rhode Island,[10] and some others of
his Assistants who were concerned in these, who had a part of the
Goods trusted in their Hands, till the same should be Sold by Warrant
of the Court of Admiralty, Did put a Stop to the Sale appointed by me;
And by an Act of the Governor and his Assistants have taken on them to
sell and Dispose thereof, and to lodge the Price in other hands than
by Decrees of Court was appointed, _albeit by their Charter_ they have
no right so to do.
[Footnote 8: Capt. John Whipple of Providence.]
[Footnote 9: The sheriff of Bristol county, Massachusetts, impressed
twelve men and horses and went to Tarpaulin Cove and took the ship
into custody. _Acts and Resolves Prov. Mass. Bay_, XI. 147.]
[Footnote 10: Samuel Cranston, governor 1698-1727.]
I being apprized of this their Proceeding that since the Cargo was
Condemned, and the Sale thereof appointed by the Court of Admiralty
which issued upon Informacions laid by the Collector and Surveyor of
his Majesty's Plantation Duties, who had the Sugars and Cocoa in their
Custody, and produced the Negroes before me in Court, There was an
Order past by the Governor and Council or Assistants at Rhode Island
directed to the Sheriffe, who of before had been one of these who put
an Estimate upon the Negroes by appointment of the Judge of Admiralty,
and to whom the Judge had Committed the Custody of the Negroes in
Court, Discharging him to deliver them up to the Judges Orders. I went
to Rhode Island, (though I had a Deputy there) and waited on the
Governor, and shewed to him my _Commission under the Great Seal of
Admiralty_, which also was Recorded in their Books, and insisted with
him on this, That I am uncontrovertedly by my Commission the Competent
Judge in these Parts upon the Contravention of the Acts of Trade, And
moreover, That by my Commission I am obliged to enquire after and
secure the Goods of all Pirates, etc., The words of my Commission
being _ad inquirendum et investigandum de omnibus et singulis bonis
Piratarum_, etc.[11] And as I was authorize[d] for that Effect, so I
conceived that the Governor and his Assistants, their business was
only to be aiding and assisting to me in the Execution which I
expected. And therefore Demanded of him, That according to my Order in
Court, the Negroes might be produced as formerly by the Sheriffe in
Court in Order to Sale. And that the Publick Court House, and House
where Vendues are usually made, may be made Patent to me as
heretofore, And that the Governor's Order for Shutting up thereof and
denying Access to me may be recalled. At the same time I also informed
him that I was accountable to the Lords of Admiralty or Vice Admiralty
for the Values and Produce of the Sales made by my Decrees. During
this Conference a Quorum of his Assistants in Council came in, before
whom I again resumed my desire, To which I received this Answer, That
the Governor _considers himself as Vice Admiral_ and that as such he
hath right _to intromett_ with All Goods belonging to Pirates, and
that _by the Charter all such is given to them_, and that he would not
allow me the Priviledge of the Court House, unless I would comply with
and acquiesse in their Acts of Council. To which I replyed, _Their
Charter contains no such Grant of Admiralty jurisdiction nor right to
any Piratical_ Goods (as will be evident on perusal thereof), Yea _in
the Year 1703/4 the Queen Discharged them from exercising any part of
Admiralty jurisdiction, which was complyed with ever since and the
Court constitute by the Kings Commission_.[12] And as to submitting to
their Acts of Council when derogatory to His Majestys Interest and the
Authority of his Court of Admiralty (which I conceive their Act of
which I complain is) was what I could not comply with, without
rendering my self unworthy of the Trust committed to me and betraying
thereof. Notwithstanding of all which they persisted in their
Resolution, and not only Debarred me from the Use of the Court House
but also to deliver up the Negroes, etc., to be sold, as I had
ordered, and afterward sold them amongst themselves at an undervalue:
By which their Contempt of his Majesty's Authority and Court of
Admiralty is obvious, Yea, their _incroaching upon and usurping of the
Admiralty Jurisdiction contrary to Queen Ann's express Order_
abovementioned is Palpable, And their refusing to give that aid and
assistance which the Judge did justly require of them in the terms of
his Commission appear to be highly punishable, if not a just ground
for forfeiture of their Charter, more especially being conjoyned with
this of a great many of that Colony, their keeping a continued
Correspondence with the Pirates, which renders the fair Traders very
uneasy, and insecure. All which I humbly submit to their Lordships
Consideration, and pray for redress, suitable encouragement, and
support to him, who is
Sir
Your most humble Servant
J. MENZEIS.
BOSTON 20th July 1721.
[Footnote 11: A commission of a vice-admiralty judge (Richard Morris,
New York, 1762) may be seen in English translation in E.C. Benedict,
_The American Admiralty_, fourth ed. (Albany, 1910), pp. 76-80, and
others in doc. no. 180, _post_, and doc. no. 181.]
[Footnote 12: See doc. no. 105, note 1.]
CASES OF JOHN ROSE ARCHER AND OTHERS.
_119. Trial of John Fillmore and Edward Cheesman. May 12, 1724._[1]