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and Alexander Mackconothy late Cook of the said Pink, aged fifty five years.

THOS. FITZ GERALD

signum ALEXANDER MACKCONOTHY

BOSTON May 6th 1717 Jurat May 8th, 1717

James Donovan, within named, made oath to the truth of the within written Deposition, and further saieth that being upon deck on Friday in the afternoon, on which day the Pink was taken, Alexand'r Mackonothy being at the Helmn steering to windward of her Course, this Declar't heard John Brown, one of the Pirates now in Goal, say that for a small matter he would shute Mackonothy thro the head as soon as he would a Dog and he should never tell his story.

JAMES DONOVAN

Jurat Cor. May 8th 1717

Coram PENN TOWNSEND } Justices of the JOHN CLARK } Peace OLIVER NOYES }

Attest. JOS MARION D. Secr'y.

EASTHAM May the 8, 1717

Sir, 72 Dead men are Come a shoare out Pirate ship to this Time.

The men that were Down first at the rack

Samuell Harding Jonathan Cole Joseph Collins Senr. Edward Knowles Abiel Harding Thomas Wood Samuell Horton Samuell Airy

Sir, Yr Excellency Most Obd. Servant

CYPRIAN SOUTHACK.

RALPH MERRY SAM'LL ROBERTS Attest: JOS. MARION, D. Secr'y.

BOSTON, May 16, 1717 Sworne before the Hon'bl Lieutenant Governour and Council.

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.

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.

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.

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 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.

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 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.

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, 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 but was hindred by four of Capt. Bellamy Compa.

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 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.

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.

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 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,

Then the Kings Evidences were called into Court and, no Objection agt them being made by the Prisoner,

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.

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,

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 as the matter will bear, and as to your Excellency and Honours in your great Moderation and Compassion shall seem meet.

And your Memo. shall ever pray, etc.

THOMAS DAVIS.

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 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.

Since I had the Honour of your letter I have looked into the Registers Office, 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, of which if you please you may have Copies if they will be of any service in the present Case.

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