[Footnote 1: This and the ensuing documents, nos. 119-122, are taken

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.]

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