J. Franklin Jameson

107. Cyprian Southack to Governor Samuel Shute. May [5?], 1717.[1]

Cape Cod Harbour[2] May [5?] 1717

Maye itt Pleass Your Excellency

Sir, may 2 at 1 After noon I Came to Anchor here, finding Serveral Vessells, Visseted them and on board one of them found a Yung man boling[3] to the Ship the Pirritt[4] Took 26 April in South Channell, Saileing from Nantaskett the Day before at 3 After noon. April 26 Pirritt Ship Took a Sloop in South Channell, Lading with West India Goods, Sloop or Master I no not as Yett.[5] at 7 After noon the Pirrett Ship with her Tender, being a Snow a bout Ninty Tuns they Took in Latitude 26°, 15 Days agoe,[6] maned with 15 of Pirritts men, wine Ship and Sloop all to Gather Standing to the Northward. at 12 Night the Pirritt Ship and wine Ship Run a Shore, the Snow and Sloop Gott Off Shore, being Sen the Next morning in the Offen.[7]

Sir, 29 April Came to Anchor sum Distance from the Pirritt Rack[8] Ship, a Very Great Sloop. After Sending his boat to the Pirrit Rack Thay Came to Saile and Chassed serveral of Our fishing Vessells, then stod in to Sea which I belive to be his Cunsatte.[9]

May 2 at 2 After noon I sent Mr. Little and Mr. Cuttler to the Rack. they Got their that Night and Capt[10] watch till I Came the Next morning. at my Coming their I found the Rack all to Pices, North and South, Distance from one a Nother 4 Miles. Sir, whear shee Strock first I se one Anchor at Low water, sea being so Great Ever sence I have ben here, Can not Come to se what maye be their for Riches, nor aney of her Guns. she is a ship a bout Three hundred tuns. she was very fine ship. all that I Can find saved Out of her, is her Cables and som of her sailes, Cut all to Pices by the Inhabitances here. their has ben at this Rack Two hundred men at Least Plundring of her.[11] sum saye they Gott Riches Out of the sand but I Can not find them as yett. Sir, what I shall Gett to Gather will be to the Value of Two hundred Pounds. If Your Excellency Pleass to send the sloop to Billingsgatt[12] for itt, is Carted Over Land to that Place. Sir, here has been 54 whit men and 4 Negros Come a shore Ded from the Rack. If their be aney News by the Pirritts at boston[13] whear the money is, I humbley Desier Your Excelleny menets[14] of what Place in the ship itt was in, for I am in Great hops. whare the Anchors are the money is I fancy, and weather Per mett I have Got a whale boat to fish for itt and Things for that service.[15]

Sir, here is One Caleb Hopkines, Senr., of freetown, which has Dun a Great Dell of Damage to Your Excellency Officers in Doeing their Duty. I Pray Your Excellency would send a Order for his Coming to boston in Order to Answare what I shall Aledge aganst him.

Sir, Yr Excellency Most
Obed. serv'tt
Cyprian Southack.

[1] Mass. Archives, vol. 51, pp. 287, 287a. Cyprian Southack was a notable sea-captain and pilot. For a number of years he commanded the naval vessel of Massachusetts, so that it was the natural course for the governor to send him in pursuit of pirates who suddenly appeared on the Massachusetts coast. In 1711 he had commanded a vessel in the unfortunate expedition against Quebec under Sir Hovenden Walker, and the admiral had stayed at his house during his long detention in Boston. He was also the most noted map-maker of his time in New England; in 1694 King William had admitted him to kiss his hands and had given him a gold chain of £50 for his map of Newfoundland, Nova Scotia, and the St. Lawrence region (Acts. P.C. Col., II. 264). The governor whom he addresses was Samuel Shute, governor 1716-1727. The ending of the War of the Spanish Succession (1713) had as usual caused a large revival of piracy, many privateers turning to that trade. The career of the Whidah and of Capt. Samuel Bellamy can be made out from the depositions which follow. On April 26, in a heavy gale, she had come ashore on the sands of Cape Cod, in what is now Wellfleet, and all on board but two men (see doc. no. 114) were drowned. More than a hundred of the pirates thus perished. Of those who escaped wreck, in the smaller vessels, several, who had constituted the prize crew of the Mary Anne (doc. no. 109), were captured, tried, and executed (doc. no. 112). The story is told in The Trials of Eight Persons Indited for Piracy, etc. (Boston, 1718), and by Mr. John H. Edmonds in the Boston Sunday Globe for Oct. 22, 1916.

[2] Southack had come across from Boston into the inner side of the Cape.

[3] Belonging. Spelling was not one of the captain's many accomplishments. For facsimiles of his handwriting, see Memorial History of Boston, II. liv, 98.

[4] Pirate. The South Channel lies in the southern portion of Nantucket Sound, south of the great shoal known as the Horse-shoe. The ship here alluded to was the pink Mary Anne; see doc. no. 109.

[5] The Fisher; see doc. no. 111.

[6] See the last part of doc. no. 108. A snow was a small vessel like a brig except for having a supplementary third, or trysail, mast.

[7] Seen; offing. The local legend, as recounted by the minister of Wellfleet in 1793, was that the captain of the snow, ordered by Bellamy to precede the Whidah with a light at his stern, under promise of receiving the snow as a present if he should pilot him safely into Cape Cod Harbor, purposely "approached so near the land, that the pirate's large ship which followed him struck on the outer bar: the snow being less [in draft] struck much nearer the shore". Rev. Levi Whitman, in Mass. Hist. Soc., Coll., III. 120. But the evidence in doc. no. 111 is to the contrary.

[8] Wreck.

[9] Consort.

[10] Kept.

[11] "Wrecking" was still an important industry in the world. Indeed, as late as 1853, in this very neighborhood (Nauset Light), Emerson records in his Journal, VIII. 399, "Collins, the keeper, told us he found obstinate resistance on Cape Cod to the project of building a lighthouse on this coast, as it would injure the wrecking business".

[12] Wellfleet Bay.

[13] Those already in prison.

[14] Minutes.

[15] Rev. Mr. Whitman says (1793), "At times to this day, there are King William and Queen Mary's coppers picked up, and pieces of silver, called cob money [see doc. no. 62, note 15]. The violence of the seas moves the sands upon the outer bar so that at times the iron caboose of the ship, at low ebbs, has been seen." Ubi sup. In 1863 she was quite visible. Another reporter tells us that "For many years after this shipwreck, a man of a very singular and frightful aspect used every spring and autumn to be seen travelling on the Cape, who was supposed to have been one of Bellamy's crew. The presumption is that he went to some place where money had been secreted by the pirates, to get such a supply as his exigencies required. When he died, many pieces of gold were found in a girdle which he constantly wore." Thoreau, Cape Cod, ed. 1914, p. 192. On one of Southack's maps, a narrow waterway across Cape Cod is marked with the legend, "The Place where I came through with a Whale Boat, being ordered by the Governm't to look after the Pirate Ship Whido, Bellame Command'r, cast away the 26 of April, 1717, where I buried One Hundred and Two Men Drowned". This map, with this legend, is reproduced at the back of Miss Mary R. Bangs's Old Cape Cod (Boston, 1920). The western initial portion of this waterway still exists, in the town of Orleans, and is known as "Jeremiah's Gutter". See A.P. Brigham, Cape Cod and the Old Colony, pp. 80-82.

108. Examination of John Brown. May 6, 1717.[1]

The Substance of the Examinations of John Brown, etc. Taken by order of His Excellency the Governour on Munday the 6th of May 1717.

John Brown being interrogated saith, that he was born in the Island of Jamaica, is 25 years old and unmarried. About a year agoe he belonged to a Ship commanded by Captain Kingston, which in her voyage with Logwood to Holland was taken to the Leeward of the Havana by two Piratical Sloops, one commanded by Hornygold[2] and the other by a Frenchman called Leboose,[3] each having 70 men on board. The pirats kept the Ship about 8 or 10 daies, and then having taken out off her what they thought proper delivered her back to some of the men, who belonged to her. Leboose kept the Examinate on board his Sloop about 4 months, the English Sloop under Hornigolds command keeping company with them all that time. Off Cape Corante[4] they took two Spanish Briganteens without any resistance, laden with cocoa from Ma[l]aca. The Spaniards, not coming up to the pirats demand about the ransom, were put ashoar and their Briganteens burn'd. They sailled next to the Isle of Pines, where meeting with three or four English Sloops empty, they made use of them in cleaning their own, and gave them back. From thence they sailled in the latter end of May to Hispaniola, where they tarried about 3 months. The Examinate then left Leboose and went on board the Sloop commanded formerly by Hornygold, but at that time by one Bellamy, who upon a difference arising amongst the English Pirats because Hornygold refused to take and plunder English Vessels, was chosen by a great majority their Captain, and Hornygold departed with 26 hands in a Prize Sloop, Bellamy having then on board about 90 men, most of them English. Bellamy and Leboose sailled to the Virgin Islands and took several small fishing boats, and off St. Croix a French Ship laden with flower and fish from Canada, and having taken out some of the flower gave back the Ship. Plying to the Windward the morning they made Saba[5] they spy'd two Ships, which they chased and came up with, the one was commanded by Captain Richards,[6] the other by Capt. Tosor, both bound to the bay. Having plunder'd the Ships and taken out some young men, they dismist the rest and Tosors Ship and made a man of War of Richards's, which they put under the command of Bellamy, and appointed Paull Williams Captain of the Sloop. Next day they took a Bristol Ship[7] commanded by James Williams from Ireland laden with provisions, and having taken out what provisions they wanted and two or three of the Crew let her goe. Then they parted with their French consort at the Island of Blanco[8] and stood away with their Ship and Sloop to the windward passage, where in the latter end of February last they met with Captain Laurence Prince in a ship of 300 Ton called the Whido, with 18 guns mounted, and fifty men, bound from Jamaica to London, laden with Sugar, Indico, Jesuits bark and some silver and gold, and having given chase thre daies took him without any other resistance than his firing two chase guns at the Sloop, and came to an anchor at Long Island.[9] Bellamy's crew and Williams's consisted then of 120 men. They gave the Ship taken from Captain Richards to Captain Prince, and loaded her with as much of the best and finest goods as she could carry, and gave Captain Prince above twenty pounds in Silver and gold to bear his charges. They took 8 or 10 men belonging to Captain Prince; the Boatswain and two more were forced, the rest being volunteers. off Petteguavis[10] they took an English Ship hired by the French, laden with Sugar and Indico, and having taken out what they had occasion for, and some of the men, dismist her. Then they stood away for the Capes of Virginia, being 130 men in Company, and having lost sight of the Sloop the day before they made the land, they cruised ten daies, according to agreement between Bellamy and Williams, in which time they seized three ships and one Snow, Two of them from Scotland, one from Bristol, and the fourth a Scotch Ship, last from Barbadoes, with a little Rum and Sugar on board, so leaky that the men refused to proceed further. The Pirats sunk her. Having lost the Sloop they kept the Snow, which was taken from one Montgomery, being about 100 Ton, and manned her with 18 hands, which with her own Crew made up the number of 28 men; the other two Ships were discharged being first plundered. They made[11]

[1] Suffolk Court Files, no. 11945, paper 5; a fragment.

[2] Benjamin Hornigold was a pirate captain of some fame; he soon after this surrendered to the governor of Bermuda, and "came in" under the king's proclamation of Sept. 5, 1717, which offered pardon to those pirates who should surrender within a given time. Charles Johnson, General History of the Pyrates (second ed., London, 1724), I. 35, 70, 71; II. 274-276.

[3] Id., I. 35, 184.

[4] Cape Corrientes, near the southwestern point of Cuba.

[5] A small Dutch island, east of St. Croix, and between St. Martin and St. Eustatius.

[6] The Sultana, James Richards. "The bay" means the Bay of Honduras.

[7] The St. Michael.

[8] An islet among the Virgin Islands, east of St. John, and not far from the Dead Man's Chest. The Windward Passage lies between Haiti and Cuba. Jesuits' bark is cinchona, from which quinine is made.

[9] One of the Bahamas.

[10] Petit Goave, a port in the southern part of Haiti.

[11] Here the fragment ends.

109. Deposition of Thomas FitzGerald and Alexander Mackonochie. May 6, 1717.[1]

The Deposition of Thomas Fitz Gerald, Marriner, aged about nineteen years, and late Mate of the Pink Mary Anne, belonging to Dublin (whereof Andrew Crumsty was lately Commander) and Alexander Mackconothy late Cook of the said Pink, aged fifty five years.

These Depon'ts Testify and say That on the twenty fourth day of April last past, they sailed from Nantasket harbour bound for New York, and on the twenty sixth day of the said month, being friday, in the morning about nine of the clock, they discovered a large Ship, and her Prize, which was a Snow, astern, and the large Ship came up with the said Pink Mary Ann, between nine and ten, and ordered us to strike our Colours, which accordingly we did, and then they shot ahead of us, and braced too, and hoisted out her boat and sent seven Men on board, Armed with their Musquets, pistols and Cutlashes (which Men are now in Boston Goal) and they commanded the said Capt. Crumpsty to take his Papers, and go aboard the said Ship with five of his hands and accordingly the said Crumpsty with five of his Men rowed aboard the said Pyrates Ship, and the seven Men tarryed aboard the Pink, and soon after the Pyrates sent their boat on board the said pink with four hands to get some of the Wine which they were Informed was on board the Pink, and accordingly they hoisted the pinks boat off of the hatches and opened the hatches and then went into the hold, but the Cable being Quoiled in the hatchway, they found it difficult to Come to the Wines in the hold, and so returned to their own Ship without any wine, Except five bottles of green wine which the found in the pinks Cabbin and carryed away, with some of the Cloaths which belonged to the pinks Company, and presently after the pyrates had hoisted their boat on board the great Ship, they gave Orders to the Pyrates on board the pink to steer North Northwest after them, which Course they followed till about four a Clock in the afternoon, and then the large Ship whereof Capt. Samuel Bellame was Commander, and the snow and pink lay too,[2] it being very thick foggy weather, And about half an hour after four a Clock a sloop came up with Capt. Bellames Ship and he hoisted out his boat and sent several men on board the Sloop and soon afterwards, Vizt. about five a Clock, the Commander of the snow bore away, and came under the stern of Capt. Bellames Ship and told him that they saw the Land; And thereupon Capt. Bellame Ordered the Pyrates on board the Pink to steer away North, which they did, and as soon as it began to be dark the sd Capt. Bellames Ship put out a light astern and also the snow and the sloop and the pink had their lights out; and about ten a Clock the weather grew thick and it lightned and rained hard and was so dark, that the pinks Comp. Could not see the shore till they were among the Breakers, when the Depon't Fitz Gerald was at helm, and had lost sight of the Great Ship, Snow and Sloop; and being among the breakers we thought it most proper and necessary to weere[3] the Pink, and before we could trim the head sails we run ashoar opposite to Sluts bush at the back of Stage harbour to the southward of Cape Codd[4] between ten and Eleven a Clock at night, And the seven Pyrates together with the Depon't and a young man named James Donovan tarryed on board the said Pink till break of day[5] and then found the shoar side of the Pink dry and so all of them went on shoar upon the Island called Poachy[6] beach, and there tarryed till about ten a Clock, when two Men came over in a Canno, Namely John Cole[7] and William Smith, who Carryed the seven pyrates over to the Main land, and then Cole came again to the Depon't and Inquired who they (meaning the pyrates) were, and the Depon't Mackconothy Answered they were pyrates and had taken the said pink, and soon after the said John Cole Informed Mr. Justice Done of Barnstable[8] thereof, by virtue of whose Warrant the said seven Pyrates were Apprehended, and the Depon'ts Journeyed with them to Boston, where they are now in Custody of the Keeper of His Maj'ties Goal as is aforesaid. And further the Depon'ts say not; but that the said Pink is Bilged on shoare, so that it is impossible to get her off.

Thos. Fitz Gerald

signum
Alexander X 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[9]

Penn Townsend John Clark Oliver Noyes

bracket

Justices of the Peace

Attest. Jos Marion D. Secr'y.[10]

[1] Suffolk Court Files, no. 11945, paper 9.

[2] To.

[3] Wear, to come about before the wind.

[4] Slut's Bush was a rocky, swampy piece of land, well grown with berry-bushes, in the midst of the large isle of Nauset, that lay outside of the smaller Pochet Island and outside Stage or Nauset Harbor, the harbor of Eastham. Now, Slut's Bush ledge and Nauset Island are far out from the present shore and under deep water. On this mostly sandy coast wind and wave have made extraordinary changes. They are described, down to 1864, in an article by Amos Otis on "The Discovery of an Ancient Ship", in N.E. Hist. Gen. Register, XVIII. 37-44. Much of his information came from the grandson of John Doane, mentioned below, a grandson born not much later than 1717.

[5] In another deposition of Thomas Fitzgerald, reproduced in Trials of Eight Persons, he gives us a quaint glimpse of the pirates' psychology during this night of peril: "And in their Distress the [Pirates] ask'd the Deponent to Read to them the Common-Prayer Book, which he did about an Hour; And at break of Day they found the Shoar-side of the Pink dry."

[6] Pochet.

[7] See his testimony in doc. no. 112.

[8] Either John Doane, Esq., or his cousin Joseph. Both were justices of the peace for Barnstable County, but neither lived in Barnstable town; they were the leading residents of Eastham.

[9] In the presence of.

[10] Deputy secretary of the province. Josiah Willard was secretary.

110. Cyprian Southack to Governor Samuel Shute. May 8, 1717.[1]

Eastham May the 8, 1717

Maye itt Pleass Your Excellency

Sir, Captt. Gorham, Mr. Little, Mr. Cuttler and Mr. Russell, Gentt'men that I have Deputed, have Rid at Least Thirty miles a moung the Inhabtances, whome I have had Information of ther being at the Pirate Rack, and have Gott Concernable Riches out of her. the first men that want Doun to the Rack with the English man that was Saved out of the Rack, I shall Mention their Names to Your Excellency in Order for a Warrant to me for bringing them for boston before Your Excellency, or as You Pleass, Sir, for all thes Pepol are very stife and will not one[2] Nothing of what they Gott, on the Rack. Sir, Fryday 26 April, at 12 night, Pirate Ship Came a shoare. Saturday 27 Instant, at 5 morning, Came the English man that was Saved out of Pirate Ship,[3] Came to the house of Samuell harding, Two miles from the Rack. After a smalle time the saide harding took the English man on his Horse and Carred him to the Rack. thes Two made Serverall Turnes from the Rack to harding house, so they most Gett much Riches. by 10 Clock the same morning their Gott to the Rack a bout 10 men more, and Gott a Great Dell of Riches. Sunday morning, Joseph[4] Doane, Esqr., gott to the Rack but all was Gon of Vallue. Sir, he Comanded the Inhabtances to save what they Could for the King, which was them Things I Rett[5] to Your Excellency before of. Sir, the Curner[6] and his Jurey Putt a stop to serverall Things beloning to the Rack in Part for buering[7] Sixty Two men Came a shoare Dead from the Pirate Rack, the Curner and his Jurey says their Due is Eight Three Pounds. Sir, I am of the mind that the Curner and Jurey should have nothing for buering aney of thes men After they New them to be Pirats, and they had bured but Thirteen before they new them to be Pirats. as Your Excellency Pleass, I humbley Desier Your Excellency Orders to this Afare. the Curner name is Samuell freeman, for his stoping aney of the Rack Goods for Paye is very hard. Sir, the weather has ben very bad, and Great Sea, so we Can Due Nothing as yett on the Rack with my Whale boat and men, but se the Anchor Every Low Watter. Sir, If some Gentt'men ware Commissined here to Give Serverall of them their Oath Concerning the Rack, itt will be of Great Service. Sir, Coll. Ottis[8] and Joseph Doane, Esqr., are Very Good men.

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

The men that were Down first at the rack

Sir, Yr Excellency Most
Obd. Servant
Cyprian Southack.

111. Deposition of Ralph Merry and Samuel Roberts. May 11, 16,
1717.[1]

We, Ralph Merry and Samuel Roberts, mariners, both of full age, Joyntly and Severally testify and make Oath That on the twenty sixth day of April last we belonged to a certain Sloope Called the Fisher (whereof Robert Ingols was Commander), bound to Boston from Virginia, being laden with Tobacco, hides and other things. That Assoon as we arived within a few leagues off Cape Codd we met with a Ship of twenty eight guns called the Wedaw, which assoon as they came near, haled us and Demanded from whence we came. We told 'em That we came from Virginia and were bound for Boston. Then they asked us whether the Master was Acquainted here, meaning (as we suppose) with the Coast. Our Master Answered he knew it very well, Whereupon they Commanded our Master and Company to hoist out our boat, which we did, and then our Master and Mate went on board the said Ship. they, keeping our Master and Mate on board thereof, Sent four men Armed from thence on board of our Sloop, whereupon the said Ship stood away to the Northward and gave Orders to our Sloope to follow their Light, And being in the Night we lost Sight of said Ship And followed a Snowe light which was before in Company with her (which said Snow was a Prize the said Ship had taken off from the Capes of Virginia, as we were informed) untill the Snow was almost ashoar. then the said Snow came to an Anchor And Called to us to doe the same, which we Accordingly did, and lay there till about ten of the Clock the next day, being the twenty Seventh day of said month; then, the wind blowing off Shoar, they Cutt their Cable and bid us make the best of our way after them to the Eastward, and About three leagues off the Cape they, taking out of our Sloope what they pleased, Commanded us to goe on board the said Snow. then they, Cutting our Mast off by the board, the hatches of our Sloope being open, left her afloat in the Sea, then makeing the best of their way to Menhagen[2] at the Eastward, where we arrived the twenty ninth of said April, where they stayed and waited for the aforesaid Ship Wedaw Some time, but she came not, whereupon, thinking the Ship was lost, they fitted their Long boat and sent her down to Mentinacus,[3] where they tooke a Sloope belonging to Colonel Minot,[4] one Shallop belonging to Capt. Lane,[5] and three Scooners. They brought the Sloop and Shallop and (as we are Informed) the Sailes and Compasses of the three Scooners to Menhagen, whereupon they manned the last mentioned Sloope with ten hands and soe went after Capt. Cars Sloope, lying at Peniquid,[6] which they alsoe took a little distance from said Peniquid, but finding the Mast and Bowspreat not Serviceable they left her there, and brought the Master thereof on board the Snow then at Menhagen aforesaid. In these ten mens absence Came into Menhagen two Shallops from Marblehead, which the Snow tooke and Caused 'em to come to an Anchor there, and sent the men therein togeather With us the Depon'ts to prison upon Menhagen Island, where we lay till they had fitted the Sloop of Collonel Minots aforesaid with what they thought fit from the Snow, and soe departed and left the Snow and all the rest behind,[7] and leaving us to our Libertyes ordered the Skipper of the Shallope to carry us to Marblehead which they accordingly did, where we arrived yesterday, being the tenth day of May Instant.

Ralph Merry
Sam'll Roberts

Attest: Jos. Marion, D. Secr'y.

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

112. Trial of Simon van Vorst and Others. [October], 1717.[1]

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.

Alexander Mackonachy, late Cook of the Pink Mary Anne of Dublin,[2] Saith, That on the 26th day of April last past, in the course of their Voyage from Nantasket to New York, they were taken by a pyrate Ship Called the Whido, Comanded by Capt. Samuel Bellamy, That all the Prisoners at the Barr came on board the sd Pink Armed, Except Thomas South and John Shuan, and made themselves Masters of the Pink; And that Simon Van Vorst ordered the Captain to go on board the Ship Whido with his Papers and five of his Company. The Depont. further Saith That the Pink was Cast away opposite to an Island Called Slutts Bush; and after the prisoners were Carryed to the Main Land they looked very sorrowfull and made all Imaginable speed in order to Escape from the Hands of Justice. That Thomas South behaved himself Civilly. That Thomas Baker Cutt down the Foremast and Mizen Mast of the Pink when she run on shoar.

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.

Thomas Checkley, Marriner, Saith, That he knows John Shuan the Prisoner at the Barr, That he belonged to the Tanner Frigot, One John Stover Master, and sometime in March last the said Ship or Frigot was taken in the prosecution of her Voyage from Pettyguavus to old France by Capt. Samuel Bellamy and Monsieur Lebous. they pretended to be Robbin Hoods Men. That Shuan Declared himself to be now a Pyrate, and went up and unrigged the Maintopmast by order of the pyrates, who at that time forced no Body to go with them, and said they would take no Body against their Wills.

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.

John Done, Esq., Saith that hearing there were some Pyrates Journeying towards Rhode Island, he pursued them with a Deputy Sheriff and other assistants, and seized the Prisoners, now at the Barr, at Eastham Tavern about the 27th of April last; When they Confessed that they belonged to Capt. Bellamy Comander of the Ship Whido, and had taken the Pink Mary Anne, in which they run on shoar.

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[3] 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[4] 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,[5] 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[6] 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[7] 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.

John Shuan, by his Interpreter, Saith That he was sick at the time when Capt. Bellamy took him, and went on board the Pyrate Vessel at the Instance of Capt. Bellamy's Doctor, who advised him to stay with him till his Cure. And that when he went on board the Pink Mary Anne he did not Carry any Arms with him; and that he hoped by going on board the Pink he should the sooner make his Escape from the Pyrates, for that he had a better way of getting his Living than by Pyrating.

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[8] 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,[9]

113. Trial of Thomas Davis. October 28, 1717.[1]

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

Owen Morris, Marriner, was first Examined upon Oath, Who solemnly Testifyed and Declared that he knew the Prisoner at the Barr, That he belonged to the Ship St. Michael, whereof James Williams was Master, and in the Month of September 1716 They left Bristol bound to Jamaica and in December following the said Ship was taken by two Pyrat Sloops, one comanded by Capt. Samuel Bellamy, and the other by Louis Le Boose, about Twenty Leagues off Sabia,[2] That they Gave the said Williams his Ship and Detained the Prisoner, because he was a Carpenter and a Singleman, together with Three others of the Ships Company. And further the Dep't Saith that the Prisoner was very Unwilling to goe with Bellamy and prevailed with him by reason of his Intreatys to promise that he should be Discharged the next Vessell that was taken, and afterwards the Dep't was again taken in the Ship Whido, Commanded by Capt. Prince, by the said Captain Bellamy, who was then Commander of the Ship Sultana, taken from Capt. Richards as the Dep't understood, and then he saw the Pris'r aboard the said Ship. At which time the Pris'r reminded the said Bellamy of his promise. When he asked him if he was willing to goe he answered, yes, and then the said Capt. Bellamy replyed if the Company would Consent he should go. And thereupon he asked his Comp'y if they were willing to lett Davis the Carpenter go, Who Expressed themselves in a Violent manner saying no, Dam him, they would first shoot him or Whip him to Death at the Mast.

Thomas South, Marriner, lately taken by Capt. Samuel Bellamy in the Pyrate Ship Whido, Cast away upon this Coast, and Discharged upon his Tryal, was admitted an Evidence, and being Accordingly Sworn Saith; That the said Bellamy while he was in Command of the said Ship Whido took a Scotch Vessel off the Capes of Virginia last Spring, Cutt down her Masts and Sunk her. That he heard the said Thomas Davis went on Board her: but I did not see him. That this Depo't Thought it not prudent to be too familiar with the Prisoner[3] because it might tend to Create a Jealousy in the Pyrates, that the Depo't and the Pris'r (whom they Suspected, because he was a forced man) would runn away together, and The Depo't Saith further that Capt. James Williams, Commander of the Ship St. Michael (whose Carpenter the Pris'r was) Intreated the said Capt. Bellamy when he took him to lett the Pris'r go. But the Ships Comp'y would by no means Consent thereto by reason he was a Carpenter, And swore that they would shoot him before they would lett him go from them.

Capt. John Brett, Marriner, Sworn, Saith that he was taken by Capt. Samuel Bellamy before the Ship Sultania was taken from Capt. Richards, and then it was the Custome among the Pyrates to force no Prisoners, but those that remained with them were Voluntiers.

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.

114. Memorial of Thomas Davis. 1717.[1]

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,

Sheweth, That in the month of September last past he sailed out of Bristol as Carpenter of the Ship St. Michael, whereof James Williams was the Commander, bound for Jamaica, and on or about the sixteenth day of December following We met two Pyrate Sloops, One Commanded by Capt Samuel Bellame, and the other by Monsr. Louis Le Bou[s], who took the said ship about twenty Leagues off of Sabia and Carried us to the Island of Blanco, w[h]ere we were kept till the ninth day of January when your Memo. (with about fourteen more Prisoners taken by the said Pyrate Sloope) was forced on board the ship Sultan Gally, taken from Capt. John Richards, then under the said Bellames Command, And afterwards the said Bellame took another ship called the Whiddo, and your Memo., with the rest of the said Ships Compa., Came in her upon this Coast, where she was Cast away, as is very well known, and your Memo, (with one Jno. Julian[2]) only Escaped. And since his Imprisonm't he is Informed That some have Reported That your Memo. was several times on board the said ship after she was Cast away and knew where a considerable part of her Treasure was, and that he had Concealed some of it;[3] and many other things have been given out Concerning your Memo. very falsely, to the great prejudice of your Memo., Who is altogether Ignorant of what is Alledged against him, And hath already Discharged his Conscience by making a true and full Discovery of all he knows referring to the premises. But your Memo. being a stranger was not Credited and therefore he had no better Fare than the Pyrates, being in Chains as well as they; Whereas he declares from his heart that he was forced along with them, very Contrary to his will and to his great grief and sorrow, and was no ways Active among them any further than he was Compelled.

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 (who is Innocent of what is laid to his Charge) as the matter will bear, and as to your Excellency and Honours in your great Moderation and Compassion shall seem meet.

And your Memo. (as in Duty bound) shall ever pray, etc.

Thomas Davis.

115. Petition of William Davis. 1717.[1]

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 (son of the abovenamed William 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.