Read Ebook: Privateering and Piracy in the Colonial Period Illustrative Documents by Jameson J Franklin John Franklin Editor

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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.

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; 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.

But after the American Act, the Vice-Admiralty Courts in the Plantations, by Authority thereof, 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.

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.

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 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 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, Hugh Minnens, 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, , 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. 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.

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, 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.

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, 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 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.

From Barbadoes Roberts went to an Island called Granada, 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, 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.

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, 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.

ADMIRALTY COURTS.

Since I transmitted to you Copies of my Decrees with reference to Captain Smart's Seizure when in this place, 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.

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, Namely, One Benjamin Norton of Rhode-Island, and One Joseph Whippole, a Considerable Merchant of that Colony, did fit out a Brigantine, and sent her under the Command of the said Norton to the West Indies last Fall who Fell in with the Pirates at St. Lucia in January last, and was 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; however, be that as it will, he comes with this Ship and Cargo into Tarpaulin Cove, a Place lying between the Province of the Massachussets Bay and Rhode Island, where 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.

Sir

Your most humble Servant

J. MENZEIS.

BOSTON 20th July 1721.

CASES OF JOHN ROSE ARCHER AND OTHERS.

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, and made perpetual by an Act of the Sixth of King .

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, President of the Court.

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 } Esqrs., Commissioners Appointed Thomas Durell } by His Maj'ties Thomas Lechmere } said Commission. John Jekyll }

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 and Edward Cheesman into Court, and accordingly they were brought to the Bar.

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--

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, 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.

ROBT. AUCHMUTY, Adv. Genl.

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.

Then the Court Adjourned to three a Clock in the afternoon.

And a Warrant issued out for the bringing into Court the Bodies of William Phillips, 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.

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.

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, and in manner as aforesd. took out of One of them Edward Cheesman, Carpenter, whom they forced in manner as aforesd and Carried away.

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.

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