from the Massachusetts Archives, vol. 63, pp. 341-360, with some
omissions of repetitious matter. Judge Sewall notes in his diary, May
1, 1724, "After Lecture I heard the good News of Andrew Harradine and
others rising up and subjugating Phillips the Pirat". _Mass. Hist.
Soc. Coll._, XLVII. 335, where extracts telling the story are
transcribed from the _Boston News-Letter_ of Apr. 16, May 7, and May
21. Cheesman threw John Nutt, the master of the pirate ship,
overboard; "Harradine struck down [John] Phillips the Captain with an
Adds, and another man struck Burrell the Boatswain with a Broad Ax;
and the rest fell upon James [or Joseph] Sparks the Gunner, and having
in a few Minutes dispatched the said Four Officers, the rest of the
Pirates immediately surrendered themselves Prisoners". The result of
the trials here recorded was that William White and John Rose Archer
the quartermaster were condemned to die, William Phillips (not the
pirate captain), and William Taylor were reprieved and later pardoned,
the others were acquitted. _Acts and Resolves of Mass. Bay_, X. 627,
see also X. 437. A vivid account of the whole affair is given in the
second edition of Johnson, _General History of the Pyrates_, pp.
396-410; another, in _A Narration of the Captivity of John Fillmore,
and his Escape from the Pirates_ (Johnstown, N.Y., 1806).]
At a Court of Admiralty for the Tryal of Pirates held at Boston within
His Majesties Province of the Massachusetts Bay in New England on the
twelfth day of May in the Tenth year of His Majesty's Reign Annoq
Domini 1724, Pursuant to His Maj'ties Commission Founded on an Act of
Parliament made in the Eleventh and twelfth years of King William the
Third Entituled An Act for the more Effectual suppression of
Piracy,[2] and made perpetual by an Act of the Sixth of King
[George].[3]
[Footnote 2: 11 and 12 Will. III. ch. 7.]
[Footnote 3: 6 Geo. I. ch. 19.]
Present. The Honorable William Dummer, Esqr., Lieutenant Governor and
Commander in Chief in and over His Maj'ties Province of the
Massachusetts Bay in New England,[4] President of the Court.
[Footnote 4: Acting governor 1722-1728.]
William Tailer Samuel Sewall }
Penn Townsend Edward Bromfield } Esqrs., of the Honorable
John Cushing Nathanl. Norden } Council of the Massachusetts
Thos. Hutchinson Samuel Browne } Bay.
Thomas Fitch Adam Winthrop }
Spencer Phipps }
The Hono'ble John Menzeis[5] } Esqrs., Commissioners Appointed
Thomas Durell } by His Maj'ties
Thomas Lechmere } said Commission.
John Jekyll }
[Footnote 5: Admiralty judge. Capt. Thomas Durell, R.N., was the
commander of H.M.S. _Seahorse_. Thomas Lechmere, younger brother of
Lord Lechmere, was surveyor general of the customs for the northern
district of America; he had married the only daughter of Major-Gen.
Wait Winthrop, and was a defendant in the celebrated case of Winthrop
_vs._ Lechmere. John Jekyll was collector of the port of Boston.]
Proclamation was made Commanding silence upon Pain of Imprisonm't
whilst the act of Parliament and His Majesties Commission for the
Tryal of Pyrates were in Reading.
Then the said Court was Publickly and solemnly opened and Proclaimed
and the Honorable William Dummer, Esqr., President, took the Oath
directed in said Act, and afterwards Administred the same to the other
Commissioners beforenamed.
The Court appointed Joseph Hiller, Gent., Notary Publick for the
County of Suffolk within His Majesties sd. Province, Register of the
said Court, And Edward Stanbridge, Marshall of the Court of Vice
Admiralty, Provost Marshall of the said Court.
Then a Warrant issued out to the Provost Marshall to bring the Bodies
of John Filmore[6] and Edward Cheesman[7] into Court, and accordingly
they were brought to the Bar.
[Footnote 6: John Fillmore, born in Ipswich, Mass., in 1702, d. 1777,
was great-grandfather of President Millard Fillmore. The _Narration_
mentioned above, in note 1, was drawn up from his oral statements, as
remembered by a friend. He was taken out of the sloop _Dolphin_,
Haskell, fishing on the Newfoundland banks.]
[Footnote 7: Edward Cheesman, carpenter, was taken out of a ship bound
from Virginia to London, Mar. 25, preceding.]
Then the Cryer made Proclamation for all Persons that could Give
Evidence for the King against the Prisoners at the Bar to Come into
Court and they should be heard.
Then the sd. Prisoners were arraigned upon Articles Exhibited against
them for Piracy, Robbery and Felony, The Register reading them in the
words following--
Articles of Piracy, Robbery and Felony Exhibited against John Filmore,
Marriner, and Edward Cheesman, Ship Carpenter.
You and each of you stand Accused by His Maj'ties Advocate General of
Felony, Pyracy and Robbery--
First, For that you the sd John Filmore, together with John Phillips,
John Nutt, Samuel Ferne, Joseph Sparkes, William White and divers
others, on or about the fifth day of September last past, by force and
arm's, in or near a harbour upon Newfoundland upon the high sea
(within the Jurisdiction of the Admiralty of Great Britain)
Pyratically and Feloniously did surprize, seize and take three fishing
vessels belonging to His Majesties good subjects, and then and there
within the Jurisdiction aforesd., Feloniously and Pyratically with
force as aforesd. did take and Carry away an Indian man named Isaac
Lassen, and John Parsons, Marriner, one of His Maj'ties good subjects:
And afterwards, viz. on or about the Middle of sd. month of September,
on the high seas and within the Jurisdiction aforesd., he the sd John
Filmore, in the Jurisdiction aforesd., with force as aforesd.,
Pyratically and Feloniously did surprize seize and take a scooner of
the value of Five hundred pounds, ---- Furber Master, belonging to His
Majesties good subjects, and out of her then and there, within the
Jurisdiction aforesd., Feloniously and Pyratically did seize, take and
carry away a quantity of provision and cloth of the value of Fifty
pounds.
Secondly, For that the said John Filmore, in Conjunction as aforesd.,
on or about the beginning of sd. month of September, near the harbour
of St. Peters[8] upon the high seas and within the Jurisdiction
aforesd., Piratically and Feloniously did then and there with force,
etc., surprize, seize and take three fishing Vessels belonging to His
Maj'ties good subjects, and then and there, within the Jurisdiction
aforesd., with force as aforesd., Did Feloniously and Pyratically take
and Carry away out of the sd. Vessels a quantity of Provisions of the
Value of ---- and Eight of their Men.
[Footnote 8: The French island now called St. Pierre. It will be
observed that the first count in the indictment against William White
and others, doc. no. 121, presents in a somewhat different, and
apparently more correct, order the transactions described in the first
two counts of the present indictment.]
Thirdly, For that the sd. John Filmore, in Conjunction as aforesd.
with one John Burrill, one or about the ---- day of ----, upon the high
seas and within the Jurisdiction aforesd., with force and arm's did
Pyratically and Feloniously surprize and seize and take a French
Vessel named ----, and of the Burthen of ---- Tuns,[9] and out of her
then and there as aforesd. did Piratically and Feloniously take and
Carry away Thirteen Pypes of Wine of the Value of Three hundred
pounds, a quantity of Bread, and a Great Gun and Carriage of the value
of fifty pounds.
[Footnote 9: 150 tons, and of a value of L1000, according to the
indictment of White and others.]
Fourthly, For that the sd. John Filmore, in Conjunction as aforesd.,
on or about the ---- day of the month of ---- last,[10] upon the high
seas and within the Jurisdiction aforesd., with force, etc., did
Feloniously and Pyratically surprise, seise and take a Brigantine
named ----,[11] One Moor Master, and belonging to His said Majesties
good subjects, and out of Her then and there in manner as aforesd. did
take and Carry away Cloths and Provisions of the Value of Two Hundred
pounds.
[Footnote 10: About October 4; _ibid._]
[Footnote 11: _Mary_, value L500; _ibid._]
Fifthly, For that the sd. John Filmore, in Conjunction as aforesd., on
or about the month of ----[12] last, upon the high sea and within the
Jurisdiction aforesd., with force, etc., Did Piratically and
Feloniously surprise, seise and take a Brigantine named the ----, one
Reed Master, and belonging to His Maj'ties good subjects, bound to
Virginia with servants, and on or about seven days after, the sd. John
Filmore, in Conjunction with sundry others, upon the high sea within
the Jurisdiction aforesd., Feloniously and Pyratically with force and
Arms as aforesd. did surprise, seize and take a Portuguese Brigantine
bound to Brazel, and in manner as aforesd. did out of her take and
Carry away a Negro Man slave named Francisco, of the Value of One
hundred pounds, three Dozen of shirts of the Value of forty pounds, a
Cask of Brandy and Provisions of the Value of Thirty pounds.
[Footnote 12: October, L500, and the same value for the Portuguese
brigantine and the _Content_; _ibid._]
Sixthly, For that the sd. John Filmore, in Conjunction as aforesd., on
or about the twenty seventh day of October last, in the Lattitude of
Bermudas, on the high seas and within the Jurisdiction aforesd., with
force and arms Did Piratically and Feloniously surprise, seize and
take the sloop named _Content_, George Barrow Master, belonging to His
Maj'ties good subjects, and out of her then and there in manner as
aforesd. did seise, take and Carry away John Masters, the Mate of the
sd. Ship, and plate and Provisions to the Value of One hundred pounds.
Seventhly, For that the sd. John Filmore, in Conjunction as aforesd.,
on or about the seventh day of February last past, in the Lattitude of
37 or thereabouts, on the high sea and within the Jurisdiction
aforesd., with force and arms Pyratically and Feloniously did
surprize, seize and take a ship bound from London to Virginia,[13] one
---- Huffam Master, and belonging to His Maj'ties good subjects, and
out of her then and there, in manner as aforesd., did Feloniously and
pyratically take and Carry away one Great Gun and Carriage, Cloathing,
and a quantity of powder and Ball, all of the Value of One hundred
pounds.
[Footnote 13: Valued at L1000 in the later indictment.]
Eighthly, For that the sd. John Filmore and Edward Cheesman, in
Conjunction as aforesd., on or about the month of ---- last,[14] near
the Isle of Shoals, on the high sea and within the Jurisdiction
aforesd., with force and Arms Pyratically and Feloniously did
surprize, seize and take an Isle of Shoals Sloop, John Salter Master,
and belonging to His Maj'ties good subjects, in which the sd John
Fillmore and Edward Cheesman did Enter, in Conjunction with sd
Phillips, Nutt, Burril and Archer, together with their Guns,
Ammunition and provision, etc. and Did also then and there, within the
Jurisdiction aforesd., with force as aforesd., Feloniously and
Pyratically surprise, seize and take a schooner, One ---- Chadwell
Master, and also belonging to His Maj'ties Good subjects.[15]
[Footnote 14: Apr. 4.]
[Footnote 15: "Understanding that she belong'd to Mr. Minors at
Newfoundland, with whose Vessel they first went off a pyrating, a
Qualm of Conscience came athwart his [Phillips's] Stomach, and he said
to his Companions, 'We have done him Injury enough already'; so
order'd the Vessel immediately to be repair'd, and return'd her to the
Master". Johnson, second ed., p. 405. The schooner was the _Good-will_
of Marblehead, Benjamin Chadwell.]
Lastly, For that the said John Filmore and Edward Cheesman, in
Conjunction as aforesd., on or about the fourteenth day of April last
past, on the high sea and within the Jurisdiction aforesd., with force
and arms did Feloniously and Pyratically surprise, seise and take a
sloop,[16] Andrew Harradine Master, and belonging to His Maj'ties good
subjects, and on the fifteenth following, with force, etc.,
Feloniously and pyratically did Enter with all their Guns, Ammunition
and Provision, on board sd Sloop. All which sd. acts of Pyracy,
Robbery and Felony were by you and each of you done and Committed in
manner as aforsd., Contrary to the statutes and the Laws in that Case
made and Provided.
[Footnote 16: The _Squirrel_, of Annisquam, a fine new vessel, to
which Phillips transferred. Babson, _History of Gloucester_, pp. 286,
287.]
ROBT. AUCHMUTY, Adv. Genl.[17]
[Footnote 17: Afterward admiralty judge, 1728-1729, 1733-1747.]
Andrew Harradine, Master of the Sloop _Squirell_, Deposeth That on or
about the fourteenth of April last past, about twelve Leagues South
East of the Isle of Sables,[18] he was met and taken by Phillips the
Pyrate, who demanded and took from him his vessel, being a better
Sailor than that they were in. That he knows both the Prisoners at the
Bar, saw them on board the Pyrate when he was taken, but did not see
them armed, that neither of them went on board vessels when they were
taken. That John Filmore, the day after that this Depont. was taken,
Declared his mind to him and the minds of several others, to rise upon
the Pyrates in order to subdue them and Endeavour their escape. That
Edward Cheesman, upon the rising, threw Nutt the Master of the Pyrate
over board, That John Filmore struck Burrell the Boatswain on the head
with a broad ax, whilst the Depont. and others Dispatcht the Captain
and Gunner.[19]
[Footnote 18: Sable Island, south of Nova Scotia.]
[Footnote 19: John Phillips and James or Joseph Sparks. "Phillips' and
Burrill's heads were brought to Boston in pickle"; Diary of Jeremiah
Bumstead, May 3, 1724, in _N.E. Hist. Gen. Reg._, XV. 201.]
John Masters, late Mate of the Sloop _Content_, Deposed That on or
about the 27th of October last, he was taken out of the sd sloop
_Content_, George Barrow Master, in the Lattitude of Barbado's, by the
Pyrate Phillips, was kept by the Pyrates four Months and then
released, That whilst he was on board they took a ship from London
bound to Virginia, one ---- Huffam Master, That Nutt the Master of the
Pirate, Rose-Archer the Quarter Master,[20] and some others went on
board, and as this Depont. can Remember, John Filmore, one of the
Prisoners at the Bar, was forced to go on board with them, That the
sd. Filmore spoke to this Deponent several times about rising upon the
Pyrates, whilst this Depont. was onboard.
[Footnote 20: John Rose Archer was a seasoned pirate; he had served
under the famous Blackbeard. Johnson, p. 399.]
William Lancy, Fisherman, Deposed That he was taken by the Pyrate
Phillips and kept on board the Pyrate while they took nine Vessels,
that he never saw the Prisoners at the Bar take up arms at any time,
that they always seemed to him to be forced men.
After the Evidences had been severally sworn and Examined, the
Prisoners at the Bar were asked, what they had to Say, who severally
answered, they were forced men, that they never acted Voluntarily, and
that they were principally Concerned in the rising.
Then the Advocate General summ'd up the nature of the Evidences. And
the Prisoners were taken away from the Bar, and the Court was Cleared
and in private.
Then the Court, having duly weighed and maturely Considered the
Evidences against the Prisoners and their own Defence, Unanimously
Agreed and voted, That the sd. John Filmore and Edward Cheesman were
not Guilty of the Pyracies, Robberies and Felonies Exhibited agt.
them. Then the aforesd Prisoners were brought to the Bar and the
President pronounced the sd John Filmore and Edward Cheesman not
Guilty.[21]
[Footnote 21: Fillmore says, _Narration_, p. 18, that the court gave
him Captain Phillips's gun, silver-hilted sword, silver shoe- and
knee-buckles, and tobacco-box, and two gold rings that the pirate used
to wear. As late as 1857, the gun was still in the possession of a
cousin of President Fillmore's father. _N.E. Hist. Gen. Register_, XI.
144.]
Then the Court Adjourned to three a Clock in the afternoon.
_120. Trial of William Phillips and Others. May 12, 1724._
_P.M._ The Court met according to adjournment, and was opened by
Proclamation,
And a Warrant issued out for the bringing into Court the Bodies of
William Phillips,[1] Isaac Lassen, Henry Giles, John Baptis, Peter
Taffery, Charles Ivemay, John Bootman, John Combes and Henry Payne,
and they were accordingly brought to the Bar.
[Footnote 1: Not known to have been related to the pirate captain,
John Phillips. Lassen was an Indian, Giles a young lad, Baptis and
Taffery Frenchmen.]
Then the Cryer made Proclamation for all Persons that Could Give
Evidence for the King against the Prisoners at the Bar to Come into
Court and they should be heard.
Then John Baptis and Peter Taffery, being French men, were remanded
back to Prison in order to be tryed by themselves.
And the rest of the Prisoners were Arraigned upon Articles Exhibited
against them for Piracy, Robbery and Felony, The Register Reading them
in the words following, viz.
Articles of Piracy, Robbery and Felony Exhibited against William
Phillips, Isaac Lassen, Henry Giles, Charles Ivemay, John Coombes,
John Bootman and Henry Payne, Marriners.
You and Each of you stand Accused by His Majesties advocate General of
Felony, Pyracy and Robbery.
First, For that you, the said William Phillips and Isaac Lassen,
together with John Phillips, John Nutt, Samuel Ferne, James Sparkes,
William White, John Archer (otherwise Called John Rose Archer), and
divers others, on or about the 27th day of October last, in the
Lattitude of Barbados, on the high sea, and within the Jurisdiction of
the Admiralty of Great Britain, with force and arms did Pyratically
And Feloniously surprise, seise and take the Sloop named the
_Content_, George Barrow Master, belonging to His Majesties good
subjects, and out of them then and there in manner as aforesd. did
take and Carry away one John Masters, the mate of sd. sloop, and plate
and Provisions to the value of One hundred pounds.
Secondly, For that the said William Phillips and Isaac Lassen, in
Conjunction as aforesd., in the Month of ---- last,[2] upon the high
seas, within the Jurisdiction aforesd., with force and arms
Pyratically and Feloniously did surprize, seize and take a Portuguese
Brigantine bound to Brazil, and in manner as aforesd. did out of her
then and there take and Carry away a Negro Man Slave named Francisco,
of the value of One hundred pounds, three Dozen of shirts of the
value of forty pounds, one Cask of Brandy and Provisions of the value
of thirty pounds.
[Footnote 2: October, 1723.]
Thirdly, For that the sd William Phillips and Isaac Lassen, in
Conjunction as aforesd., on or about the fourth day of February last
past, upon the high sea, about thirty five Leagues to the southward of
sandy hook, within the Jurisdiction aforesd., with force and arms
Pyratically and Feloniously did surprize, seise, enter into and take a
snow, one ---- Laws master, belonging to His Maj'ties good subjects,
and out of her then and there with force as aforesd., Pyratically and
Feloniously take and Carry away Cloaths and provision to the value of
One hundred pounds.
Fourthly, For that the sd. William Phillips, Isaac Lassen and Henry
Gyles, in Conjunction as aforesd., on or about the first day of March
last, upon the high sea and within the Jurisdiction aforesd., with
force and Arms Pyratically and Feloniously did surprise, seize and
take a French Ship bound from Martenico to France and, in manner as
aforsd., out of her, with force as aforsd., then and there did
Pyratically and Feloniously take and Carry away One Negro Man named
Pierro, of the Value of sixty pounds, Eight Great Guns, twenty small
Arms, a number of Cutlashes, and a Considerable quantity of Brandy,
Wine and sugar to the Value of two hundred pounds.
Fifthly, For that the sd William Phillips, Isaac Lassen and Henry
Gyles, in Conjunction as aforsd., on or about the 27th of March last,
upon the high sea within the Jurisdiction aforesd., with force and
Arms Pyratically and Feloniously did surprise, seize and take two
ships bound from Virginia to London, One Commanded by John Phillips
and the other by Robert Mortmiere,[3] and in manner as aforesd. took
out of One of them (Commanded by John Phillips) Edward Cheesman,
Carpenter, whom they forced in manner as aforesd and Carried away.
[Footnote 3: Johnson, p. 401, gives the other captain's name as
Mortimer.]
Sixthly, For that the sd. William Phillips, Isaac Lassen, Henry Gyles
and Charles Ivemay, in Conjunction as aforesd., on or about the latter
end of the month of March, upon the high sea within the Jurisdiction
aforesd., with force and arms Pyratically and Feloniously did then
and there surprise, seize, Enter into and take a scooner belonging to
His Majesties good subjects, One Chadwell Master, and out of her with
force as aforesd. did Pyratically and Feloniously take and Carry away
sundry Provisions to the Value of forty pounds.
Seventhly, For that the said William Phillips, Isaac Lassen, Henry
Gyles and Charles Ivemay, in Conjunction as aforesd., on or about the
month of April last past, upon the high sea within the Jurisdiction
aforesd., did with force and arms Pyratically and Feloniously
surprize, seize, enter into and take a Fishing scooner, William Lency
Master, and then and there out of her with force as aforesd. and in
manner as aforesd. did take and Carry away divers goods and Provisions
to the value of Twenty pounds.
Lastly, For that the sd. William Phillips, Isaac Lassen, Henry Gyles,
Charles Ivemay, John Bootman, John Coombes and Henry Payne, in
Conjunction as aforesd., on or about the 14th of April last past, on
the high sea and within the Jurisdiction aforesd., with force and arms
did Feloniously and Pyratically surprise, seize and take a sloop named
the _Squirrel_, Andrew Harradine Master, and belonging to His Maj'ties
good subjects, and on the fifteenth following, with force and arms
Feloniously and Pyratically did Enter with all their Guns, ammunition
and Provisions on board the sd Sloop. All which sd acts of Pyracy,
Robbery and Felony were by you and Each of you done and Committed in
manner as aforesd., Contrary to the statutes, and the Laws in that
Case made and Provided.
To all which Articles the sd William Phillips with the other Prisoners
at the Bar severally pleaded not Guilty.
_Advocate General._ May it Please your Honours,
The Prisoners now at the Bar stand also Articled against for Pyracy,
Robbery and Felony, and as the Charge so also the proof agt them
appearing more certain clear and possitive than in the Case of those
but lately Acquitted, I doubt not therefore of the Justice of the
Honorable Court in finding them and Each of them Guilty.
Then the Kings Evidences were called and sworn. John Masters, late
Mate of the Sloop _Content_, George Barrow Master, Deposed says that
being bound from Boston to Barbados in sd. Sloop on the 27th of
October last, the sd. Sloop was taken by a Pyrate Scooner Commanded by
John Phillips, That the Pyrates forced this Depont. to go with them,
and whilst this Depont. was with them, on the fourth of February last,
they took a snow, one Laws Master. Samuel Ferne and James Wood, both
since shot by Capt. Phillips,[4] William Taylor, now in Goal, and
William Phillips, one of the Prisoners at the Bar, went on board the
said snow armed with Cutlashes, that they brought Provisions from the
snow on board the scooner, but knows not whether Phillips brought any
or not.
[Footnote 4: For insubordination.]
William Lancey, Master of a Fishing scooner, Deposed That in the Month
of April last, he and his Company were taken off of Cape Sables[5] by
a Pyrate sloop Commanded by John Phillips, Captain, that they took
several vessels while this Depont. was on board, and when Captain
Phillips was about to dismiss this Depont. with his vessel he askt
this Depont. whether he would carry home with him one Willm. Phillips,
who was then on board the Pyrate Sloop, having one of his leggs Cut
off,[6] and whom the Depont. saith is one of the Prisoners now at the
Bar; and the Depont. answered, Provided the Captain and the Men were
willing he would Carry him with him, but the sd. William Phillips
refused to go with the Depont. saying if he should they would hang
him.
[Footnote 5: The southwest point of Nova Scotia.]
[Footnote 6: The carpenter had sawed it off, somewhat amateurishly,
after it had been wounded in the fight between the captain and Ferne,
as related below. Johnson, p. 400.]