of this I gave order to the Master of the Inn that if any body came to look after the mare, he should be sure to seize and secure him, but no body came for her. The next morning which was Sunday I summoned [a] Council, and we published a Proclamation, wherein I promised a reward of 200ḷ for the seizing and securing Gillam, whereupon there was the strictest search [all that] day, and the next, that was ever made in this part of the world, but we had missed him, if I had not been Informed of one Captain Knot, as an old Pyrate and therefore likely [to k]now where Gillam was concealed.[7] I sent for Knot and examined him, promising h[im if h]e would make an Ingenious Confession, I would not molest or prosecute him; he seemed [mu]ch disturbed, but would not confesse anything to purpose. I then sent for his wife and examined her on oath apart from her husband, and she confessed that one who went by the [name] of James Kelly had lodged severall nights in her house, but for some nights past [lo]dged as she believed in Charlestown Crosse the River. I knew he went by the name of Kelly, [the]n I examined Captain Knot again, telling him his wife had been more free and ingenious [tha]n him, which made him believe she had told all; and then he told me of Francis Dole in Charlestown, and that he believed Gillam would be found there. I sent half a dousin men immediately over the water to Charlestown and Knot with them, they beset the house, and searched it but found not the man, Dole affirming with many protestations he was not there, neither knew [of] any such man. Two of the men went through a field behind Dole's house, and passing [thr]ough a second field they met a man in the dark (for it was ten a clock at night) whom they [seize]d at all adventures, and it happened as oddly as luckily to be Gillam, he had been treating [some] young women some few miles off in the Country, and was returning at night to his Landlord Dole's house, and so was met with. I examined him, but he denied everything, even that he came with Kidd from Madagascar, or ever saw him in his life; but Captain Davies,[8] who also came thence with Kidd, and all Kidd's men, are positive he is the man and that he went by his true name viz. Gillam, all the while he was on the voyage with them, and Mr. Campbel the Postmaster of this town (whom I sent to treat with Kidd) offers to swear this is the man he saw on [bo]ard Kidd's sloop under the name of James Gillam. He is the most impudent hardened V[illai]n I ever saw in my whole life. That which led me to an Inquiry and search after this man [was t]he Information of William Cuthbert on oath, which I sent your Lordships with my packet of the 26th of this last July,[9] wherein Cuthbert Informs that being lately in the East India Company's service [it w]as commonly reported there that Gillam had killed Captain Edgecomb with his own hand, that he had [s]erved the Mogul, turned Mahometan and was Circumcised. I had him searched by a [su]rgeon and also by a Jew in this Town, to know if he were Circumcised, and they have both declared on oath that he is. Mr. Cutler the surgeon's[10] deposition goes (No. 1) and Mr. Frazon the Jew's (No. 2).[11] The rest of the Evidences about Gillam and some other Pyrates go numbered from 3 to 23 inclusive, which I recommend to your Lordships perusall, as what will inform you of the strange Countenance given to Pyrats by the Government and people of [Rhode]-Island. I have numbered the papers in order of time and according to their dates: most have reference to Gillam, some to Kidd. In searching the forementioned Captain Knot's house [a smal]l trunk was found with some remnants of East India goods, and a Letter from Kidd's wife to Captain Thomas Pain an old Pyrat living on Canonicot Island in Rhode Island Governm[ent.][12] The affidavit he made when I was at Rhode-Island goes numbered among the other evide[nce.] He then made oath that he had received nothing from Kidd's sloop when she lay at anchor by [torn] Island, yet by Knot's deposition your Lordships will find, he was sent with Mrs. Kidd's letter to Pa[in for] 24 ounces of gold, which Knot accordingly brought; and Mrs. Kidd's Injunction to Pain to keep a[ll the] rest that was left with him till further order, was a plain Indication that there was a good deal of [trea]sure still behind in Pain's Custody, therefore I posted away a messenger to Governor Crans[ton][13] and Colonel Sanford to make a strict search of Pain's house before he could have notice; it see[ms] nothing was then found, but Pain has since produced 18 ounces and odd weight of gold, as appears by Cranston's Letter of the 25th Instant and pretends it was bestowed on him by Kidd, hoping that may p[rove (?)] a salvo for the oath he made when I was in Rhode-Island, but I think it is plain he forswore himselfe then, and I am of opinion he has a great deal more of Kidd's gold still in his hands. [But] he is out of my power, and being in that Government I cannot compell him to deliver up th....

[Footnote 2: The letter in which no. 83 was enclosed; its substance is given in Cal. St. P. Col., 1699, pp. 486-490.]

[Footnote 3: See doc. no. 77, note 8.]

[Footnote 4: See doc. no. 65, note 18, and no. 74, note 2.]

[Footnote 5: Francis Dowell, of Wapping Street, Charlestown, mariner. T.B. Wyman, Genealogies and Estates of Charlestown, I. 301.]

[Footnote 6: Peleg Sandford, governor of Rhode Island 1680-1683.]

[Footnote 7: Andrew Knott's examination shows that he and Gillam had known each other in Virginia years before, and had sailed together under a privateer captain, making many prizes in the South Sea, possibly in the expedition narrated in docs. no. 44 and no. 45. See also doc. no. 68, paragraph 16 and note 18.]

[Footnote 8: Edward Davis of London, originally boatswain of the Fidelia (see doc. no. 90), whose deposition is in Commons Journal, XIII. 28.]

[Footnote 9: Commons Journal, XIII. 26; narrative of William Cuthbert, late gunner of the ship Charles the Second.]

[Footnote 10: John Cutler was a Dutch surgeon named De Messenmaker, who on settling in New England translated his name into Cutler. His marriage record in the town records of Hingham begins, "Johannes Demesmaker, a Dutchman (who say his name in English is John Cutler)", etc.]

[Footnote 11: Joseph Frazon, died 1704, buried in the Jewish cemetery at Newport. The anonymous author of the anti-Mather pamphlet, A Modest Enquiry (London, 1707, reprinted in Mass. Hist. Soc., Coll., fifth ser., VI.), p. 80*, accuses Cotton Mather of having "attempted a Pretended Vision, to have converted Mr. Frasier a Jew, who had before conceiv'd some good Notions of Christianity: The Consequence was, that the Forgery was so plainly detected that Mr. C.M. confest it; after which Mr. Frasier would never be perswaded to hear any more of Christianity".]

[Footnote 12: Doc. no. 80.]

[Footnote 13: Samuel Cranston, governor of Rhode Island 1698-1728.]

Your Lordships will find in Captain Coddington's narrative number 35[14] and sent with my Report dated the 27th Instant an Inventory of gold and Jew[els] in Governor Cranston's hands which he took from a Pyrat. I see no reason why he should keep them ... so far from that, that he (with submission) ought to be called to an account for Conniving at the Py[rats] making that Island their Sanctuary, and suffering some to escape from Justice. If there be an order sent to him to deliver what gold and jewels is contained in the said Inventory, and also the formentio[ned] parcel of gold which he received from Pain, with all other goods and treasure which he has at any time rec[eived] from Privateers or Pyrates, into my hands for the use of his Majesty, and that upon oath, I will [see] the order executed, and will give a faithfull account thereof according to the order I shall re[ceive].

[Footnote 14: Nathaniel Coddington of Newport, register of the court of admiralty in Rhode Island.]

Four pound weight of the gold brought from Gardiner's Island which I formerly acquainted your Lordships of, and all the Jewels, belonged to Gillam, as Mr. Gardiner's Letter to Mr. Dummer,[15] a Marchand in t[he] town and one of the Committee appointed by me and the Council to receive all the treasure and goods which [were] brought in Kidd's sloop, will prove; and there is some proof of it in Captain Coddington's b[efore men]tioned narrative, and in Captain Knot's deposition of the 14th Instant. I am told that as Vice A[dmiral] of these provinces I am entitled to 1/3 part of Gillam's said gold and Jewels; I know not whe[ther I] am or no, but if it be my right I hope your Lordships will please to represent to the King the ext[reme] pains and vigilance I have used in taking these severall Pyrates, and that I may have my [por]tion of the said gold and Jewels, if there be any due to me. It is a great prejudice to the King's s[ervice] that here is no Revenue or other fund to answer any occasion or service of Majestys. I have [been] forced to disburse the 200 pieces of 8/8 for the taking of Gillam out of my own little stock and also to [de]fray my journey and other expences in going to Rhode-Island to execute the King's Commission [and] Instructions. Both accounts I now send, and beg your Lordships favour in promoting and Countenancing the payment of that mony to Sir John Stanley for my use. Captain Gullock[16] tells [me] that 15 or 16 of the ship's Company that would not be concerned with Gillam and his accomplices in murdering Captain Edgecomb, and afterwards turning Pyrates, went home to England in [the] Ship America belonging to the East India Company, Captain Laycock Commander. I should thi[nk an] advertisement in the Gazette requiring some of those men to appear before one of the Sec[retaries] of State to give their evidence of what they know of that matter, would be proper.

[Footnote 15: Jeremiah Dummer the elder, father of the publicist.]

[Footnote 16: Thomas Gullock was the captain of the ship which Bradish had run away with. Sir John Stanley was an official of the lord chamberlain's office.]

[Your] Lordships will meet with a passe among the other papers, number 5, to Sion Arnold, one of the [pirat]es brought from Madagascar by Shelley of New York, the said passe signed by Mr. Basse,[17] [Go]vernor of East and West Jerzies, which is a bold step in Basse after such positive orders as he received from [Govern]or[18] Vernon, but I perceive plainly the meaning of it, he took severall Pirats at Burlington [in West] Jerzey, and a good store of mony with them as it is said, and I daresay he would be glad they [should] escape, for when they are gone, who can witnesse what money he seized with them? I know [the] man so well, that I verily believe that is his plot. John Carr mentioned in some of the [papers to (?)] be in Rhode Island, No. 6, was one of Hore's Crew. There are abundance of other Pyrats in that [Is]land at this time, but they are out of my power. Mr. Brinley,[19] Colonel Sanford, and Captain Coddington are honest men, and of the best estates in the Island, and because they are heartily [wea]ry of the male administrations of that Government, and because too I commissioned them (by [virt]ue of the authority and power given me by his Majesty's Commission and Instructions so to do) to [make] Inquiry into the Irregularities of those people, they are become strangely odious to them and [are o]ften affronted by them, neither will they make them Justices of the peace; so that when they [w]ould commit Pyrates to Goal, they are forced to go to the Governor for his Warrant, and very ... ly the Pyrates get notice, and avoid the Warrant for that time. You may please to o[bser]ve too that Gardiner the Deputy Collector[20] is accused to have been once a Pyrat, in one of the [paper]s. I doubt he will forswear himselfe rather than part with Gillam's gold which is in his hands. [It is] impossible for me to transmit to the Lords of the Treasury these proofs against Gardiner. [I am] so jaded with writing, that I cannot write to them by this Conveyance, but I could wish [your Lordships might be (?)] made acquainted with Gardiner's Character, and that they would send over honest In——t men to be Collectors of Rhode Island, Conecticut, and New Hampshire; and that they [would h]asten Mr. Brenton[21] hither to his post, or send some other Collector in his room. I could [wish] that Mr. Weaver were ordered to hasten to New York. Your Lordships may please to observe that [Knott] in one of his depositions accuses Gillam to have pyrated four years together in the [Sou]th sea against the Spaniards.

[Footnote 17: On Shelley, see doc. no. 73, note 6. Jeremiah Basse was deputy-governor of East and West New Jersey from 1697 to 1699. In a letter of June 9 to Secretary Popple, N.J. Archives, first ser., II. 286-287, he describes his activity in manning a sloop and in person capturing four of Shelley's men at Cape May, and committing them to Burlington jail. "In their Chestes are about seaven thousand eight hundred Rix dollars and Venetians, about thirty pound of melted silver, a parcell of Arabian and Christian Gold, some necklases of Amber and Corrall, sundry peaces of India silkes."]

[Footnote 18: If the word is Governor, it should be Secretary.]

[Footnote 19: Francis Brinley, one of the chief Newport merchants; he had been a member of Andros's council.]

[Footnote 20: Robert Gardiner of Newport.]

[Footnote 21: Jahleel Brenton, for many years, beginning in 1691, collector and surveyor of the customs for New England (and thus Gardiner's superior officer) had gone to England as agent of Rhode Island in her boundary dispute with Connecticut. Thomas Weaver, who had been appointed collector for New York, was in London as agent for that province.]

We have advice that Burk an Irishman and Pyrat that committed severall robberies on th[e] [coast] of Newfoundland, is drowned with all his ship's Company, except 7 or 8 persons somewh[ere to the] southward. It is said he perished in the hurrican that was in those Seas about the end of [July and] beginning of August last. It is good news, he was very strong if we may believe report, [and is s]aid to have had a good ship with a 140 men, and 24 guns.

[Bra]dish and Wetherley have a slight extraordinary in attempting to escape, they [made] two attempts since they were last committed, once they broke the floor of the prison and thought to escape that way, but that failing them, within a night or two they filed off their fetters, upon which I ordered them to be manicled, and chained to one another. I believe this new Goaler I have got is honest, otherwise I should be very uneasy for fear these Pyrats should escape....[22]

[Footnote 22: The rest of the letter has nothing to do with Kidd or other pirates.]

I conclude with all respect

My Lords

Your Lordships most humble and obedient Servant

BELLOMONT.

86. Information of Henry Bolton. February 4, 1701.[1]

[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck Abbey, a copy having been kindly furnished by the Rev. Richard W. Goulding, librarian to the duke. The date Feb. 4, 1700, means Feb. 4, 1701, new style. Bolton's previous history and his relations with Kidd are sufficiently shown by this and preceding documents. In 1700 he had been shipped to England from Jamaica, and he was now, or at any rate on Dec. 22, 1700, in Newgate prison under charges of piracy. Cal. St. P. Col., 1700, p. 760.]

Information of Henry Bolton.

4th of February 1700

Being required by the Right hono'ble the Commission'rs for Executing the office of High Admiral of England, Ireland etc. to informe their Lord'ps of the place of my nativity, manner of Living for some time in the West Indies, and particularly of my meeting and Transactions with Capt. Kidd, I presume to make the following Answer, being the best and fullest I can make at present having neither my Books or papers in this Kingdome.

That I was born in Worcestershire about the yeare 1672 and in the year 1697 was Deputed by the Commissioners of his Maj'ties Customes for the Leeward Islands to be Collector for the Island of Antigua.

That in the year 1698 following I quitted that Imployment[2] and followed Merchandizing about the said Leeward Islands.

[Footnote 2: He was removed, and at the time of his removal he owed the crown about L500. Ibid., p. 603.]

That in February 1698/9 I sailed from Antigua in the Sloop St. Antonie, Samuel Wood Master, on a Trading Voyage amongst the Dutch and Spaniards. The Markett at Curacoa (a Dutch Island) not answering my Ends I went to Rio De la Hacha,[3] and there sold my Cargoe, and Loaded my Sloope with Stock Fish [and] Wood on Freight for Curacoa aforesaid, which I there Landed and departed for the Island of Porto Rico with intention to Trade with the Inhabitants of that Island, having a Cargo on Board for that purpose.

[Footnote 3: On the Spanish Main, or north coast of South America, about 300 miles west of Curacao.]

That in that Voyage in the Moneth of Aprill 1699 being becalmed to the N.N.E. of the Island Mona the Men belonging to the Sloop discovered a Sail E. and B.S.[4] from Mona which the Pilote of the Sloope supposed to be a Guarda Costa, a small vessell fitted out by the Spanish Governors to clear the Coast of Foreign Traders. A few houres after Wee discovered a Cannoa, which drawing near the Sloope, Wee hailed the said Cannoa. They answered from Whitehall. Wee demanded who Commanded their Shipp. They Replyed Capt. Kidd. Then he that stired[5] the Cannoa was desired to come on Board. After he came he told me his name was John Ware, and that he was Master of Capt. Kidd's Ship, requesting that I would goe on Board in the Cannoa to see Capt. Kidd which accordingly I did. When I came there Captain Kidd askt me to sell him my Sloope in regard his Ship was disabled and could not well proceed the voyage he intended for New Yorke, and finding me unwilling he then askt if I could not procure him a Vessell. I answered possibly I might at Curacao, upon which he desired me to use my Endeavors there to get him a Sloope, and procure him some Buyers or Chapmen[6] for his Calicos and Muslings, And that he would consider me for my paynes.

[Footnote 4: East and by south, i.e., midway between east and eastsoutheast.]

[Footnote 5: Steered.]

[Footnote 6: I.e., Some customers or some selling agents.]

That thereupon I departed from Capt. Kidd and went for Curacao where I applyed my selfe to Mr John Stonehouse and Mr Walter Gribble[7] (Acquaintance of Captain Kidd) who promised to send A Sloope to him. I also Endeavored to procure him some Buyers for the Muslings and Callicos.

[Footnote 7: See doc. no. 76, note 21.]

That after doing my Errand and business at Curacao I ordered the Master of the Sloope to shape his Course for the West End of Porto Rico, But the Wind proving Northerly Wee fell in with the East end of Savona and plyed to Winward for Mona in order to meet Captain Kidd, which I there did according to Appointm't and with him a Dutch Sloope, Jean Vander Bist Master, and a French Turtler, the Master's name I have forgot; Captain Kidd waited at Mona for the Curacao vessells But the Wind being about No. and from thence to NNE they could not possibly Fetch Mona, So Captain Kidd's patience being tyred gott his ship under Saile and intended to Weather point Esperdo,[8] the Eastermost part of Hispaniola, but the Deficiencies of his Ship being so great he bore away for the West end of Savona, and there Anchored. a Day or two afterwards came into Our Company the Brigandin Mary Gold, George Lorriston Master, and the Elenora, John Duncan Master. Then Cap't Kidd weighed Anchor with the sloop Spey, John Vander Bist Master, and Brigandine Mary Gold, sailed for the River Higuey in the Island Hispaniola where Arriving he moored his ship across the River to the Stumps of Trees or Rocks on shoar.

[Footnote 8: Punta Espada.]

That there Capt. Kidd disposed of wine, part of his Cargoe, to severall that came on Board to him And that at the same time I sold him the Sloope St. Antonio.

That Capt. Kidd tooke severall Goods out of his ship, and put them on Board the Sloope I sould him and left his owne ship in the River Higuey and desired me to doe him all the service I could in selling and disposeing of the Goods left on Board of the said ship for Account of the Owners of the Adventure Galley.

That Captain Kidd told me that my Lord Bellomont and my Lord of Orford[9] and himselfe were some of the Adventure Galleys owners and to the best of my Remembrance Sir John Somers.

[Footnote 9: The Sir Edward Russell of doc. no. 71, note 1. He had been created earl of Orford in 1697.]

That Capt. Kidd shewed me a Commission under the Great Seale signed at the Topp William Rex and another Commission signed by the Lords of the Admiralty, the purport of neither of which I can remember, onely Capt. Kidd sayd his Commissions impowred him to take pirates and the subjects of the French King.

That Capt. Kidd at his going to New Yorke promised to return himselfe or send some other persons in two Moneths time to bring Necessaryes for refitting his said ship the Adventure Prize and also a Condemnation for the said ship and Goods and to indempnifye all persons that should purchase any of the said Goods, alledging that the said ship was a lawfull prize being taken with a French passe which Captain Kidd shewed me, and actually in the time of War with France.[10]

[Footnote 10: See doc. no. 76, note 9.]

That after the Departure of Capt. Kidd the Seamen shiped by him in the said ship did plunder and convert to their owne uses the best and most choicest of the goods of the said ships Cargoe, which did not come to my Knowledge till they had been near Five Weeks on board the said ship, and indeed it was out of my power to prevent them had I discovered it sooner being only myselfe and Negro Boy, And they were Eighteen in numbers.

That the said Seamen belonging to the said ship as afores'd when they found I was not ignorant of their villanies openly declared they would not stay longer on board the said ship, but being terrified with the thoughts of Capt Kidds returning, they Joyned all (saving the Boatswaine) and came on the Quarter Deck and said I might remain in the ship and be damned for they would stay no longer. The Man that thus affronted me I shoved on the main Deck[11] and ordered the rest to go on the Main Deck likewise and told them they had engaged themselves to Capt. Kidd to stay on board the ship as long as I should be there, And that I was resolved to stay till the two Months in which Capt. Kidd promised to return were expired unless some Extraordinary Accident intervened: I also charged them with stealing out of the Ships Hould severall Bales of Goods And that if they went from the Ship before Capt. Kidd's Arrivall I was oblidged as his Friend and in my owne Justification to write to all Governm'ts in those parts to have them secured; this calmed them for two or three dayes.

[Footnote 11: I.e., shoved down from the quarter-deck onto the main deck.]

That the said Seamen did again Joyne and draw up a Paper directed to me setting forth their Resolution of leaving the Ship and signed with their names within a Circle commonly called a Round Robin, so gott on board A Sloope and went for the Island Curacao leaving the Ship to me and three more.

That after the departure of the said Seamen I stayd about a Week in the ship and would have stayed longer had not a Friend of myne sent a Sloope Express from Curacao to informe me the Spaniards of the Citty of St. Domingo[12] were arming out a Brigandine to come and take us, which induced me to leave the said ship Adventure Prize in the said River Higuey and went to the Island Curacao in order to protest ag't the Seamen as aforesaid and to get what satisfaction the Law would allow, For at that time they had most of them three or Four hundred pounds a Man. But the said Seamen had gained their Ends so farr in the Governm't that the Governor would not admitt me to stay in Curacao tho' at the same time John Ware Master of Capt. Kidd's ship and the said seamen were there openly protected; I do not charge this on the Govern'r[13] (who is since dead) For I should be very sorry to disturbe the Ashes of so good a Gentleman as I believe he was, but on some of his Councill that did not desire I should face them.

[Footnote 12: Not a hundred miles away.]

[Footnote 13: Bastiaen (Sebastian) Bernage.]

That I have not received of the produce of the Goods Capt. Kidd left upwards of three hundred and Eighty peices of Eight, all the rest is in Debts outstanding which is much less than my Charges.[14]

[Footnote 14: But John Ruggles, master's mate of the Primrose of Boston, testified that, drinking in a public house at Charles Town, Nevis, with William Cheesers and William Daniel, he heard the former say that Bolton had got L16,000 by Captain Kidd. Cal. St. P. Col., 1699, p. 416.]

This is the full that presents to my Memory in Answer to their Lord'ps Demands February 4th, 1700.

HEN. BOLTON.

87. William Kidd to the Speaker of the House of Commons (Robert Harley). April (?), 1701.[1]

[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck Abbey. The Historical Manuscripts Commission's calendar of those archives, IV. 16, wrongly gives this petition the same date as the next document, May 12, 1701. This petition was written before the trials, which occurred on May 8 and 9, but after Kidd's appearances before the House of Commons, which occurred on Mar. 27 and 31; Commons Journal, XIII. 441, 463. Kidd, Gillam, Bradish, Witherley, and 28 other pirates, mostly members of Kidd's crew, were shipped from Boston soon after March 6, 1700 (eight months after his arrest), on the Advice frigate, and arrived in the Downs Apr. 11, the day on which King William brought to an end, by prorogation, the session of Parliament. In that session, chiefly as a means of attacking Somers, the lord chancellor, a party in the House of Commons had assailed the grant of letters patent under which Kidd's enterprise had been undertaken (Dec. 6, 1699). They were outvoted, but on Mar. 16, 1700, a vote was passed for addressing the king that Kidd should not be tried, discharged, or pardoned till the next session of Parliament. The Admiralty concurred, May 2. The new Parliament came together Feb. 6, 1701; Harley was chosen speaker Feb. 11; the impeachment of Somers and Orford, in which the contract with Kidd was made the basis of one article, was voted Apr. 14.]

May it please Y'r Hon'r

The long Imprisonment I have undergone, or the tryall I am to undergoe, are not soe great an affliction to me, as my not being able to give your Hon'ble House of Commons such satisfaction as was Expected from me. I hope I have not offended against the Law, but if I have, It was the fault of others who knew better, and made me the Tool of their Ambition and Avarice, and who now perhaps think it their Interest that I should be removed out of the world.

I did not seek the Commission I undertook, but was partly Cajold, and partly menac'd into it by the Lord Bellomont, and one Robert Livingston of New York, who was the projector, promoter, and Chief Manager of that designe, and who only can give your House a satisfactory account of all the Transactions of my Owners. He was the man admitted into their Closets, and received their private Instructions, which he kept in his own hands, and who encouraged me in their names to doe more than I ever did, and to act without regard to my Commission. I would not Exceed my Authority, and took noe other ships than such as had French passes, which I brought with me to New England, and relyed upon for my Justification. But my Lord Bellomont seized upon them together with my Cargoe, and tho he promised to send them into England, yet has he detained part of the effects, kept these passes wholly from me, and has stript me of all the Defence I have to make, which is such Barbarous, as well as dishonorable usage, as I hope Your Hon'ble House will not let an Englishman suffer, how unfortunate soever his Circumstances are; but will intercede with his Maj'ty to defer my tryall till I can have those passes, and that Livingston may be brought under Your Examination, and Confronted by me.[2]

[Footnote 2: Whether the presence of the French passes at the trial for piracy would have brought about Kidd's acquittal may be doubted, courts of justice being what they were; at all events Kidd, though he clamored for them from the day of his arrival in the Downs (Portland MSS., VIII. 78) till the day he was sentenced, was never able to recover them. The admiralty court refused to consider them. "Where are they?" said the Lord Chief Baron Ward. Kidd's counsel could only reply, "We cannot yet tell whether they are in the Admiralty-Office, or whether Mr. Jodrell [clerk of the House of Commons] hath them". State Trials, V. 290. In point of fact the House of Commons, which had had all the papers before it for examination, had on Apr. 16, on information that Kidd desired the use of his papers at his trial, ordered the clerk to deliver them to the secretary of the Admiralty. Commons Journal, XIII. 379, 380, 496.—A photographic facsimile of the pass of the Cara (Quedah) Merchant is in Paine, Book of Buried Treasure, at p. 104.]

I cannot be so unjust to my selfe, as to plead to an Indictment till the French passes are restored to me, unlesse I would be accessary to my own destruction,[3] for though I can make proof that the ships I took had such passes, I am advised by Council, that It will little avail me without producing the passes themselves. I was in great Consternation when I was before that great Assembly, Your Hon'ble House, which with the disadvantages of a mean Capacity, want of Education, and a Spirit Cramped by Long Confinem't, made me Uncapable of representing my Case; and I have therefore presumed to send your Honor a short and true state of It, which I humbly beg Your Honors perusall, and Communication of to the House, if you think it worthy their Notice.[4]

[Footnote 3: So when first arraigned, he tried to avoid pleading (ibid., 287), but he was tried first for the murder of William Moore, on which the passes had no bearing. William Moore was an insubordinate gunner; after an altercation, Kidd hit him on the head with a bucket, and he died. It was probably manslaughter, but the jury sustained the indictment for murder. After being condemned for murder, Kidd was tried (unfairly in several particulars) and condemned for piracy.]

[Footnote 4: Not doc. no. 88, I judge, but more probably the "Protest" printed in Portland MSS., VIII. 78-80, a statement of Kidd's case which he had drawn up at Boston and on arrival in the Downs had sent to Orford.]

I humbly crave leave to acquaint Your Honor that I was not privy to my being sent for up to Your House the second time, nor to the paper lately printed in my name[5] (both which may justly give Offence to the House) but I owe the first to a Coffeeman in the Court of Wards who designed to make a shew of me, for his profit; and the latter was done by one Newy a prisoner in Newgate to get money for his support, at the hazard of my safety.

[Footnote 5: I cannot identify this paper (probably a broadside), but the ingenious Newy was doubtless the author of Captain Charles Newy's Case, impartially laid open: or a ... Narrative of the Clandestine Proceedings aginst (sic) him, as it was hatched ... and ... carried on by Mrs. M. Newey, widdow (London, 1700), a pamphlet which I have not seen, but of which there is a copy in the British Museum.]

I humbly beg the Compassion and protection of the Hon'ble House of Commons, and Your Honors intercession with them on behalfe of

Your Honors

Most Dutifull and Distressed Serv't

WM. KIDD.

88. William Kidd to Robert Harley [?]. May 12, 1701.[1]

[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck Abbey. See doc. no. 87, and notes. The trials had taken place on May 8 and 9, and Kidd was now under sentence. He was hanged at Wapping on the shore of the Thames, May 23, 1701. The precept, or order for his execution, at Wapping "infra fluxum et refluxum maris" (i.e., between high-water and low-water mark, according to admiralty custom), is quoted in Marsden, Law and Custom of the Sea (Navy Records Society), II. 263.]

S'r

The Sence of my present Condition (being under Condemnation) and the thoughts of haveing bene imposed on by such as seek't my destruction therby to fulfill their ambitious desieres makes me uncapable of Expressing my selfe in those terms as I ought, therefore doe most humbly pray that you will be pleased to represent to the Hon'bl. house of Commons that in my late proceedings in the Indies I have Lodged goods and Tresure to the value of one hundred thousand pounds[2] which I desiere the Government may have the benefitt of, in order thereto I shall desiere no manner of liberty but to be kept prisonner on board such shipp as may be appointed for that purpose, and only give the necessary directions, and in case I faile therein I desiere no favour but to be forthwith Executed acording to my Sentance. if y'r honbl. house will please to order a Committee to come to me I doubt not but to give such satisfaction as may obtaine mercy, most Humbly submitting to the wisdom of your great assembly I am

S'r Y'r Unfortunate humble servant

WM. KIDD

NEW GATE 12th May 1701

[Footnote 2: His first figure, as quoted by Bellomont in doc. no. 77, was L30,000.]

89. Captain Kid's Farewel to the Seas; or, the Famous Pirate's Lament. 1701.[1]

[Footnote 1: Of this ballad, contemporary with Kidd's execution, there is a unique copy in the famous collection of pamphlets belonging to the Earl of Crawford, from which it is reprinted in Professor Firth's Naval Songs and Ballads, pp. 134-37, published by the Navy Records Society. By oral transmission it had wide currency in New England. There are bits of it in Palfrey, New England, IV. 185, and in Watson's Annals of Philadelphia, ed. 1830, p. 464; and the editor remembers hearing his Salem grandmother sing parts of it. Professor George L. Kittredge says that the Harvard College Library has a broadside of this American version, printed in Boston about 1810-1820, which, with some differences in the order of stanzas, is printed in Dr. E.E. Hale's New England History in Ballads, pp. 40-46. The original version, which we print, purports to be written between sentence and execution, May 9-23, 1701, and follows closely the chief incidents brought out in the trials, and in the documents which precede.]

To the Tune of Coming down.

My name is Captain Kid, who has sail' [who has sail'd], My name is Captain Kid, who has sail'd; My name is Captain Kid. What the laws did still forbid Unluckily I did while I sail'd [while I sailed, etc.].

Upon the ocean wide, when I sail'd, etc., Upon the ocean wide, when I sail'd, Upon the ocean wide I robbed on every side, With most ambitious pride, when I sail'd.

My faults I will display while I sail'd, etc., My faults I will display while I sail'd; My faults I will display, Committed day by day [A line lost.]

Many long leagues from shore when I sail'd, etc., Many long leagues from shore when I sail'd, Many long leagues from shore I murdered William More, And laid him in his gore, when I sail'd,

Because a word he spoke when I sail'd, etc., Because a word he spoke when I sail'd, Because a word he spoke, I with a bucket broke His scull at one sad stroke, while I sail'd.[2]

I struck with a good will when I sail'd, etc., I struck with a good will when I sail'd; I struck with a good will, And did a gunner kill As being cruel still when I sail'd.

A Quida merchant[3] then while I sail'd, etc., A Quida merchant then while I sail'd, A Quida merchant then I robbed of hundreds ten, Assisted by my men, while I sailed.

A banker's ship of France,[4] while I sailed, etc., A banker's ship of France, while I sailed, A banker's ship of France Before us did advance: I seized her by chance, while I sailed.

Full fourteen ships I see when I sailed, etc., Full fourteen ships I see when I sailed; Full fourteen ships I see, Merchants of high degree; They were too hard for me when I sailed.[5]

We steered from sound to sound while we sailed, We steered from sound to sound while we sailed; We steered from sound to sound, A Moorish ship we found; Her men we stript and bound while we sailed.

Upon the ocean seas while we sailed, etc., Upon the ocean seas while we sailed, Upon the ocean seas A warlike Portuguese In sport did us displease, while we sailed.

At famous Malabar when we sailed, etc., At famous Malabar when we sailed, At famous Malabar We went ashore, each tar, And robbed the natives there, when we sailed.

Then after this we chased, while we sailed, Then after this we chased, while we sailed, Then after this we chased A rich Armenian, graced With wealth, which we embraced, while we sailed.

Many Moorish ships we took while we sailed, Many Moorish ships we took while we sailed, Many Moorish ships we took; We did still for plunder look; All conscience we forsook while we sailed.

I, Captain Cullifoord, while I sailed, etc., I, Captain Cullifoord, while I sailed, I, Captain Cullifoord, Did many merchants board, Which did much wealth afford, while we sailed.

Two hundred bars of gold, while we sail'd, etc., Two hundred bars of gold, while we sailed, Two hundred bars of gold And rix dollars manifold We seized uncontrolled, while we sailed.

St. John, a ship of fame,[6] when we sailed, etc., St. John, a ship of fame, when we sailed, St. John, a ship of fame, We plundered when she came, With more that I could name, when we sailed.

We taken was at last, and must die, etc., We taken was at last, and must die; We taken were at last, And into prison cast: Now, sentence being past, we must die.

Tho' we have reigned awhile we must die, etc., Tho' we have reigned awhile we must die; Tho' we have reigned awhile, While fortune seemed to smile, Now on the British Isle we must die.

Farewel the ocean main, we must die, etc., Farewel the ocean main, we must die; Farewel the ocean main: The coast of France or Spain We ne'er shall see again; we must die.

From Newgate now in carts we must go, etc., [From Newgate now in carts we must goe;] From Newgate now in carts, With sad and heavy hearts, To have our due deserts we must go.

Some thousands they will flock when we die, Some thousands they will flock when we die, Some thousands they will flock To Execution Dock, Where we must stand the shock and must die.

[Footnote 2: See doc. no. 87, note 3. Captain Kidd, says the record of the trial (State Trials, V. 290), called Moore "a lousy dog". "Says William Moore, 'If I am a lousy dog, you have made me so; you have brought me to ruin, and many more'. Upon his saying this, says Captain Kid, 'Have I ruined you, ye dog?' and took a bucket bound with iron hoops and struck him on the right side of the head, of which he died next day."]

[Footnote 3: See document 76, note 9.]

[Footnote 4: I.e., a French fishing ship, bound to the banks of Newfoundland. See the second paragraph of doc. no. 76, Kidd's statement.]

[Footnote 5: The reference is to Kidd's projected, but abandoned, attack on the "Mocha fleet" at Babs Key, near the mouth of the Red Sea.]

[Footnote 6: This ship I do not identify; the name is perhaps due to misunderstanding of a passage in the trials.]



THE FIDELIA.

90. Examination of William Sims. October 22, 1699.[1]

[Footnote 1: Suffolk Court Files, Boston, no. 4682, paper 3. The case is not precisely one of piracy, though piracy was at first suspected, but rather of the receipt of piratical goods. Bellomont writes to the Board of Trade, Oct. 24, 1699 (Cal. St. P. Col., 1699, p. 486), that he had lately seized at Boston a ship and some East India goods; that the officers of the custom house were not nimble enough or they had got all the goods, worth above L2000; that that which first gave him a "jealousy" of the ship was the fact that the master, William Sims, a man formerly burnt in the hand for stealing, had gone forth a poor man and come back master and half owner of a ship. The ship was seized, condemned, and sold for the crown, and Sims committed to jail. He had sailed as master of a sloop to Curacao, and thence to Crab Island (Vieques, see doc. no. 72, note 5). Ibid., 499. Bellomont suspected that what he found there in August had been derived from Kidd in May.]

Suffolk SS. BOSTON, October 22, 1699 nine a clock at night:

The Examination of William Syms of Boston, Marriner, Master of the Ship Fidelia, as followeth, Vizt.

The Examinant saith That sometime in the month of August last past, he being at Crabb Island in the West Indies, where was lying the sd Ship Fidelia, one Tempest Rogers then Master of her,[2] of whome this Examinant and John Brett of Antigua Merchant (then at the aforesd Island) bought the sd Ship, and the Examinant was Ships' Master of her, and after their buying of the sd Ship, the sd Rogers tooke out of the sd Ship seaveral Bayles of Goods to the number of about twenty and laded them upon the Sloop which he had of the Examin't in part payment for the Ship, and left several bayles on board the Ship wch this Examinant Supposeth the said Mr. Brett bought of him: said Rogers declared that he came from the Coast of Guinea, saying also that he had been at Madagascar, and the Examinant saw the sd Rogers Sell several Bayles of Goods at Crabb Island to several Merchants that came thither: which Bayles were opened and contained Silke Muslins and other Muslins, Callico's and other East India Goods, and sd Rogers said he had remitted home to his owners the value of Twenty seven Thousand pounds in money by good bills of Exchange. and after the Examin't left Crabb Island with his Ship he Stopt at Portreico,[3] tooke in some Ballast and Provisions and came directly for New England, Mr. Brett aforesd, his Merchant and part owner, being on board, and when they came into the Massachusetts Bay as high as the Gurnett[4] off Plymouth, they spoke to a Sloop that was then fishing in the Bay to come onboard, and sd Brett treated with the sd Sloopmen, and the Bayles then on board the sd Ship to the number of Fourteen or Fifteen, containing (as the Examinant supposeth) East India Goods, were put out of the Ship into the sd Sloop, and the Examinant and sd Brett also went onboard of her leaving the Ship in charge with James Williams the Mate, and came up to Boston in the Sloop bringing in her the aforementioned Bayles, and arrived there on a Monday night about the latter end of September last past about Eight aclock in the Evening, at the Wharffe on the backside of the Queen's head Inn, and the Examinant went with sd Brett into the aforesaid Inn to procure a Lodging for him and then went directly home to his own house; Saith he knows not when or where the sd Bayles were put on shore nor how disposed of, he signed no Bills of Ladeing nor receipt for them: And Saith he knows neither the Sloop nor men which brought them up; Supposeth it to be a Sloop belonging to some Country Town lying on the Sea Coast. Further the Examinant saith that the sd Brett was not willing to have come with the sd Ship to New England but would have gone to Carolina or East Jersey.

WILLIAM SIMS

Capt. Cor. ISA. ADDINGTON, J.Pc.

[Marginal note] the sd Bayles were about three foot and a halfe long, about a foot and a halfe over and something more than a foot deep, each of them.

[Footnote 2: She had cleared from London in November, 1697, for Madagascar (testimony of Edward Davis, her boatswain, who on arrival there in July, 1698, joined himself to Kidd, and came home with him, Commons Journal, XIII. 28). After selling the Fidelia and her goods, alleged to be largely Kidd's, Capt. Tempest Rogers settled at St. Thomas, where, says Richard Oglethorp (Cal. St. P. Col., 1706-1708, p. 24), "any piratt for a smale matter of money may bee naterlized Deane"; there he became "a sworn Deane", removed to St. Eustatius (Dutch), engaged in the contraband trade which these neutral islands maintained during the war between Great Britain and France, and finally died among the French—ubi bene, ibi patria.]

[Footnote 3: Puerto Rico.]

[Footnote 4: The Gurnet is the north point of the entrance to Plymouth harbor.]



LA PAIX.

91. Orders of Governor Nicholson to County Officers. April 28, 1700.[1]

[Footnote 1: Oxford, Bodleian Library, MS. Rawlinson C. 933, fol. 8; also in P.R.O., C.O. 5:1311, no. 16. The piracies of La Paix, inside the capes of Virginia, show how bold the pirates had become, between wars, and the story of her capture how real the danger. She was a Dutch ship, which, seized by pirates, had run quite a career of depredation in the West Indies before she and her consorts appeared in Lynnhaven Bay. Her whole story is told in Bruce, Institutional History of Virginia, II. 217-226, and there the history of her capture may be followed consecutively, but the documents here presented show vividly how the news of her villanies and of her fate came to the authorities. The trial of the pirates is in C.O. 5:1411, Public Record Office (transcript in the Library of Congress). Col. Francis Nicholson was now governing Virginia for the second time, 1698-1705. Being himself in Elizabeth City County, he addresses these orders to the commanders of the militia in York, the next county. Gloucester, Middlesex, Lancaster, Northumberland, and Westmoreland, named below, were, in succession, the maritime counties lying to the northward.]

Virginia SS.

KIQUOTAN[2] Aprill 28th 1700 between 3 and 4 a Clock in the afternoon.

[Footnote 2: Hampton.]

Capt. John Aldred, Commander of his Maj'tes Ship Essex Prize,[3] hath just now given me an Account that there are 3 or 4 Ships or vessels in Lynhaven-bay,[4] who are supposed to be pyrates. I doe therefore in his Maj'tes Name command you that upon Sight hereof you give Notice to the Commanders of the Ships and vessels in York River that they take care of their Ships and vessels, and that you do Imediately Order the Militia in your parts to be ready, and you must fortwith dispatch an Express to the Colo. and Chief Officers of the Militia of Gloster, whom I also hereby Command in his Maj'tes Name to have their Militia ready, and they are forthwith to dispatch an Express to the Colo. or chief officers of Middlesex, whom I doe also in his Maj'tes Name Command to have their Militia ready, and they are to give Notice to the Commanders of ships and vessells in Rappahannock, that they may take care of their ships and vessels, and the officers of Middlesex are imediatly to send an Express to the Colo. and Chief officers of Lancaster, whom I do also in his Maj'tes Name command to have their Militia ready, and if any Ship or vessel be in their County, to give them Notice that they may take care of their ships and vessels, and the oficers of Lancaster are forthwith to send an Express to the Collo. or Chief officers of the Militia of Northumberland, whom I do also in his Maj'tes Name Command to have their Militia ready, and they are to give Notice to the Commanders of ships or vessels in their County that they take care of their ships and vessels, and the Colonel or Chief officers of Northumberland are imediatly to send an Express to the Colo. or Chief Officers of the Militia of Westmoreland, whom I doe also in his Maj'tes Name command to have their Militia ready, and if any Ship or vessel be in their County to give the Commanders Notice that they may take Care of their Ships and vessels. The Colonel or Chief officers of Northumberland I doe hereby Impower in his Maj'tes Name forthwith to press a good boat and able men and send an account to any of his Maj'tes officers either Military or Civill in his Maj'tes Province of Maryland, of these 3 or 4 ships or vessels being in Lynhaven bay, and that they are desired imediately to Dispatch an Express to his Excell'y Nathaniel Blakiston, Esqr., his Maj'tes Capt. Gen'll and Governor in Chief and Vice Admiral of his Maj'tes Province of Maryland. And I do in his Maj'tes Name Command all officers both Millitary and Civil to Obey and follow these my Commands, and all his Maj'tes Loveing Subjects are hereby required to pay all due Obedience to these my Commands and to be Aiding and Assisting what in them lyes to their officers both millitary and Civill, and I do further hereby command all officers both millitary and Civill, and all other his Maj'tes Loveing Subjects, Strictly to observe and put in Execution an Act Passed last Session of Assembly against Pyrates and privateers.[5] And I doe hereby promise to any person or persons who shall take or kill any Pyrate that shall belong to Either of these 3 or 4 ships or vessells now in Lyn haven bay, a reward of twenty pound sterling for Each pyrate that they shall either take or kill, And lastly I do in his Maj'tes Name Command all officers both Military and Civill and all his Maj'tes Loveing Subjects of this his Maj'tes most ancient and great Colony and Dominion of virginia, that they will give all Due Obedience and follow all these my Commands as they will answer the Contrary at their utmost perills. Given under my hand and lesser Seal at Arms the Day and year above written, in the twelfth year of the Reign of our Sovereign Lord William the third, by the grace of God of England, Scotland, France, and Ireland King, Defender of the faith, etc.

[Footnote 3: A guardship of the royal navy was in these days kept in Virginian waters. At the moment, it happened, there were two, the Essex Prize, 16 guns, which had been there since the spring of 1698 and was now about to return to England, and the Shoreham, Capt. William Passenger, a larger vessel which was to take her place, and which had arrived Apr. 10, 1700. The Essex Prize was careened at the moment, and not available; Beverley, History of Virginia, p. 94.]

[Footnote 4: A roadstead on the south side of the Chesapeake, between Cape Henry and Willoughby Spit.]

[Footnote 5: The act is in Hening, Statutes at Large of Virginia, III. 176-179, passed in May, 1699. It had been superseded by the act 11 and 12 Will. III. c. 7, passed in the session of Parliament just ended, that of Nov. 16, 1699-Apr. 11, 1700, but that fact would not yet be known in Virginia. On Apr. 28, 1699, the Virginia council had issued a proclamation against pirates, which is printed in the Virginia Magazine of History, VIII. 191.]

To Lieut Collo. Thomas Ballard or Majr. William Buckner at York Town

who are to take a Copy hereof, and Dispatch it as Directed and Each Colonel or Chief officer is also to take a Copy hereof and dispatch it as Directed. Lieut. Collo. Thomas Ballard and Major Wm. Buckner are to send an Express to the Hon'ble Col. Edmd. Jenings, with a Copy of this, and they are likewise to send a Copy of this to Collo. Philip Ludwell, who is in his Maj'tes Name Commanded to have the Militia of James City ready by this Order of

KIQUOTAN, Ap'll 28th 1700

Whereas this Day I have received Informacion that there is three or four ships or vessels now riding at anchor in Lynhaven bay, suspected to be Pyrates or Privateers,

These are therefore in his Maj'tes Name to will and require you on Sight hereof to give Notice to all officers and Souldiers under your Comand to be in readiness with their Armes and amunition at one houres Warning as you Shall receive further Orders. given under my hand and Lesser Seal at Armes the Day and Year above written.

To Lieut. Collo. Miles Cary, Comander in Chief of his Maj'tes Militia in Warwick County.[6]...

FR. NICHOLSON.

[Footnote 6: Warwick and James City lay westward, up the James River. A series of directions like those sent northward was also sent southward, to Norfolk, Princess Anne, Nansemond, and Isle of Wight.]

92. Deposition of William Fletcher. May 2, 1700.[1]

[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 12. An enclosure in no. 93.]

The Deposition of William Fletcher, Master of the ship Barbadoes merchant of Leverpoole, Sworne the Second Day of May 1700, Saith

That about 30 Leagues from the Capes upon the 23th Day of Aprill A pink[2] of about 100 tons bound from Barbadoes to virginia, no great guns, and between 50 or 60 men, most french and Dutch and some Irish men[3] lately taken by Pyrates, Seized his ship, rifled her, and barberously used him and a Merchant belonging to him, by whom they had accot. that the Cheif Pirate[4] was about 24 Guns and about 140 Tons, and another about the same burthen but what force he could not learn, and a Sloope of Six Guns: in all 4 pirates. Designing to get some good Ships and more Company as they Could, [they favored (?)] this Deponant and used much kindness to his men and persuaded them to goe with them, which when they refused the Pirates used them Cruelly, cut away all his Masts, Sailes and Rigging and bolespritt,[5] and threw all over Board, tooke all their Candles, broke their Compases, and Disabled them soe as they Supposed the ship would perish and never give Intelligence: and all 4 of the Pirates would pass by them and in a way of Deriding ask why they Cut away their Masts, and soe left them, Supposeing they had left them nothing to help themselves, for they threw over Board a Spare topmast which lay upon the Deck, but by providence their foremast and Sailes and Rigging thereof hung by their Side unknown to the Pirates, wherewith they fitted Jewry Masts[6] and found a Compass under some old Oakcum, with which on Sunday night the 28th Day of Aprill they got into the Capes and are now in Accomack:[7] but took away all Letters, Papers, Bookes, Certificates and Cocquits,[8] and would not leave any manner of writings, soe as they have no thing to Shew, tooke away his Carpenter, and another man, and took away his Long boat, and Complained for want of Powder and tobacco, and beat this Depont. after they had Stript him, that if an Irishmen had not Interceeded he beleves they would have kild him with the flat of their Curtle-axes,[9] the Cruelty being used to them by french men, and saw no Englishmen, all which and much more barbarity this Depont. affirmeth to be truth

WM. FLETCHER.

Sworn the second Day of May 1700 before Cha. Scarburgh.

[Footnote 2: A pink was a vessel having a narrow stern, bulging sides, and a flattish bottom.]

[Footnote 3: The crew of La Paix is reported in the trial to comprise three Dutchmen, one Swede, one Norwegian, one Englishman, the rest French or from the French islands.]

[Footnote 4: La Paix.]

[Footnote 5: Bowsprit.]

[Footnote 6: A jury-mast is a temporary mast set up as a substitute.]

[Footnote 7: On the Eastern Shore of Virginia, across the Chesapeake.]

[Footnote 8: A ship's cocket was a custom-house certificate that the merchandise had been duly entered and had paid duty.]

[Footnote 9: A perversion of "cutlasses".]

93. Charles Scarburgh to Governor Nicholson. May 3, 1700.[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 48. Col. Charles Scarburgh or Scarborough was the chief magnate of the Eastern Shore, and a member of the governor's council.]

Excellent Sir

I have Enclosed sent you the Deposition of Wm. Fletcher, which I suppose may be a more particular accot. then any your Excell'y may receive. he ad's that the Pirates boasted much of their great strength by sea, and that there were sufficient of them to repell any force that would be sent against them, and used many enticements to perswade his men to goe with them: and I Doubt it will be impossible to secure the Navigation to and from this Country, and stop their Piraticall Invations, without a greater force. Capt. Fletcher haveing lost his Certificate, Cocquetts, and Register, cannot be entered and suffered to Load without your Excellys order. the ship hath used this Place many Years: and this Master in her last Year produced his Certificates, Cocquets, and Register, all which are in my booke of Entryes:[2] he hath the same Owners and [as?] the ships here. his Townsmen will refitt him and hath his Loading and Tobacco ready: and it would be severe if his misfortune should Doubly injure him. besides it would prejudice his Majestys revenue to forbid him to Load, therefore suppose if he gives Security to unload in England he may be permitted to trade: if your Excellency think fitt. I lay wind bound and [at (?)] Mr. Mekennies at Elizabeth River, and on Sunday last afternoon we saw a ship come in: and imediatly the Shoreham loosed and went to turn out of the River, when we Crossing over to Castle point[3] Mr. Makennie spoke with Capt. Passenger, who told him a Pirat had pursued that ship and taken others and desired we would not adventure into the Bay but lye at the Poynt. next morning early we saw Cap. Passenger on the back of the horshooe,[4] standing Down towards 3 ships in Lyn haven bay, who when he came up with them fired upon him, and the Pyrate imediately gott to sail and stood directly with Capt. Passenger, who got the weather gage, and Imediatly followed as sharp a Dispute as (I thinke) could be betwixt two ships, of which we were full spectators Dureing the whole engagement: and in my Judgment Capt. Passenger behaved himself with much Courage and good Conduct, haveing to Deal with an Enemy under a Desperate choice of killing or hanging, and I believe few men in their circumstances but would elect the first. the Conflict briskly maintained from soon after sunrise untill about 4 afternoon. on thursday May the second Fletcher gott in here and gave the inclosed accot.,[5] which I beleive much Imports his Maj'tes service and Interest, least thinking the Pirate aforesaid might be all, security would Endanger many ships. Fletcher further saies these are not of them who tooke Burgis last Year but others, and perhaps more may come upon the same accot. as these doe. I suppose your Excelly will think fitt to lay on a Gen'll Embargoe untill some Assureance that the Coast is Clear: and believe York River will be more Convenient then James River, in Regard ships must goe to the Cape to Clear the horshooe before they can gett into James River, and soe may be Endangered. I wait your Excellys Order and Directions and withall to favour me with a true relation of the success of the Action betwixt Capt. Passenger and the Pirate:[6] I humbly take leave to subscribe Right Excellent

Your Excellencies Faithful and most Obliged servant

CHA. SCARBURGH.

May 3d 1700

[Footnote 2: Colonel Scarborough was also collector of customs in his district.]

[Footnote 3: Old Point Comfort? It is just possible that "Mr. Mekennie", p. 264, or "Mr. Makennie", here, may mean the celebrated pioneer of Presbyterianism, Rev. Francis Makemie, who is sometimes said to have lived in Lynnhaven parish before settling down in Accomac, on the Eastern Shore.]

[Footnote 4: The Horseshoe is a sandy shoal running from the shore north of Old Point Comfort eastwardly toward the channel between Cape Charles and Cape Henry.]

[Footnote 5: Doc. no. 92.]

[Footnote 6: For Captain Passenger's own account, see Cal. St. P. Col., 1700, p. 311. Governor Nicholson accompanied him in person, aboard the Shoreham. During most of the fight the two ships were within pistol-shot of each other. Finally the pirate, with all masts and sails shattered, drifted aground. Then, having laid a train to thirty barrels of gunpowder, he threatened to blow the ship up, and the governor, to save the lives of the forty or fifty English prisoners, gave quarter, promising to refer the pirates to the king's mercy if they should surrender quietly. So 111 of them were sent to England in the Essex Prize and the fleet of merchantmen convoyed by her, June 9. The trial was of three who were brought in without having been included in the surrender. It was held, in accordance with the Virginian act, by a commission of oyer and terminer, appointed by the governor. All three of them were hanged, although "One of them, Cornelius Frank, said, Must I be hanged that can speake all Languages"? Another curious passage in the trial deserves to be quoted: "Mr. Atty. Gen. Did the Pyrates talk of blowing their Shipp up? Ed. Ashfeild. Yes, they did, and went to prayers upon it." Nor less the picture, in the evidence of either this or an adjoining trial, of the pirate captain "with a gold chain around his neck, and a gold Tooth-picker hanging from it"—nouveau riche!]

94. John and Adam Thorowgood to Captain Passenger. May 3, 1700.[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89. An enclosure in doc. no. 95. The Thorowgoods were substantial planters of Princess Anne County, dwelling near Lynnhaven Bay.]

Sir

This Day 7 men which had been taken by a Pirate in a Pink without any great Guns, only small Armes, and very litle Ammunition, came on shore and informed us this News, which we thought convenient to Inform you, that you may act according as the Necessity requires. Also Adam Hayes, a man who lives on the Sea side, Informes us, he Yesterday saw a Pink and Brigantine rideing at Anchor in sight of his house, 8 or 10 miles to the soward of Cape Henry. the Brigantine he suppose came out of the Capes. about 3 of the Clock in the afternoon he saw a boat goe from on board the Brigantine, to the Pink. after that two boats were Passing and repassing from one vessel to the other till near night, at which time the Pink weighed and stood of to sea. the Brigantine remained there till within Night, but this morning Neither of them to be seen. The abovesaid 7 men informed us the Pink which took them hath but 16 men which belonged to the Pyrate and 9 Prisoners. they say she belonged (before taken) to Biddeford[2] and is an Extraordinary good sailer. they also tell us they were put into a Boat and turned a Drift, they think because they were to many to be kept on board, being then 16 men Prisoners, and now as abovesaid but 9. likewise on tuesday last they tooke a Bristol man and Cut down their Masts and Boltspritte and left them as a wreck in the sea, as also another they tooke and Cut a hole in her bottom and let her sink in the sea, and that they were Ordered by the Pyrate You took last munday[3] to Cruise in the Lattitude of the Capes till they came out to them. Sir, this is all we think materiall at present to be Informed you by

Your Humble servants

JNO. THOROWGOOD, sher.[4] ADAM THORWGOOD

PRINCESS ANN COUNTY the 3d of May being Fryday, 1700.

[Footnote 2: In Devonshire, England.]

[Footnote 3: April 29. La Paix, Capt. Louis Guittar.]

[Footnote 4: Sheriff. Adam was sheriff the next year.]

95. Benjamin Harrison, jr., to Governor Nicholson. May 4, 1700.[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89 b. Benjamin Harrison, jr. ("Benjamin Harrison of Berkeley") was the son of a member of the council ("Benjamin Harrison of Surry") and was himself attorney-general of the colony. He was great-grandfather of President William Henry Harrison.]

May it Please your Excell'y,

Last night about six of the Clock the inclosed letter[2] came to Capn. Passengers hand whilest we were on board, and he desired me to transmitt it to your Excelly. he had not time to write wee being Just comeing away, and much Company with him. About the same time came in from sea the Brigantine mencioned in the inclosed letter, and the Master of gives a relacion pretty agreable to the letter in everything only he sayes there were about 50 men on board the Pinke when he was taken, so that 'tis Probable they will lye there, to watch for other ships. as far as I can understand by this Master the litle ship mencioned in the letter to be sunk was wheeler, who brought the Brandy and wine into York River; I am

your Excellys

most Obliged Humble serv't

B. HARRISON Jnr

WILLIAMS BURGH, May 4, 1700, 10 at Night.

[Footnote 2: Doc. no. 94.]

96. Governor Nicholson to Captain Passenger. May 4, 1700.[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 90.]

JAMES TOWN, May 4, 1700,[2] about Eleven a Clock at Night.

[Footnote 2: The seat of government had just been removed from Jamestown to the new capital, Williamsburg.]

Capt. Wm. Passenger

Sir,

Just now I received a letter from my friend Mr. Benja. Harrison, with an inclosed one to you from the two Mr. Thorowgoods, a Copy of which I here send you.[3] if his Maj'tes ship the shoreham under your Command be at present capable of goeing to sea to look after the Pirates in the Pink, etc., I would have you doe it as soon as, God willing, wind and weather permitts: but if the shoreham be not in a sailing Condicion, then you may, if you think Convenient, sent your boat or boats to looke after the said Pyrates, in order Either to take or burn the said Pink. And I do hereby Authorize and impower you to stop all ships and vessells from goeing out of the Capes, and Order them up to Kiquetan.

[Footnote 3: Docs. no. 94 and no. 95.]

If you cannot be here your Selfe Either on Monday or tuesday yet I would have Capt. John Aldred, Commander of his Maj'tes Ship the Essex Prize, be here; in the Interim remain

Your most affectionate Friend

If you conceive it proper, You may send the Prize which you have taken either to take, sinke, or burn the Pink on board which are the Pyrates. In Order thereunto You may Put what men and Guns on board, You think Necessary.

I hope you have secured for his Maj'tes Service the seamen which belong to Capt. Harrison, etc., and you will do the like by those, which Mr. Thorowgood sayes come on shore. And for so Doeing these things, this shall be your sufficient Warrant and Authority. given under my hand the Day and Year above written.

97. William Wilson to Governor Nicholson. May 5, 1700.[1]

[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 10. Col. Wilson was a justice of the peace for Elizabeth City County.]

May it please your Excelly

I have here enclosed a few lines[2] Concerning a Brigantine that sailed out of the Capes last wednesday.[3] it should been sent you before this. I had it this Day from Capt. Cole at Church. If the Capt. had sent the Master on shore (who had no boat of his owne) or a line to me about it, Your Excellency had sooner Notice.

[Footnote 2: Doc. no. 98.]

[Footnote 3: May 1.]

The french Prisoners are equally Divided amongst the three Capts., who have them under Guard. the wounded men att John Smiths died last Night. Suppose this Pink is that that was taken a coming from Barbadoes, and the longer he lyes the more harme he do and gather more strength, which is all that offers from

Your Excellys humble servt. to Command

WM. WILSON.

I did designe to have sent this by an Express, but there came one from your Excell'y with a Letter to Capt. Passenger.

98. Captain Michael Cole to William Wilson. May 5, 1700.[1]

[Footnote 1: Bodleian Library, ibid. Capt. Michael Cole was master of the Friends' Adventure; he had come into James River on his way from South Carolina to London.]

KIQUOTAN

Satterday morning being aboard the man of Warr Shoreham there found the Master of Brigantine which came in here the Evening before, who sayes that on thursday morning last he was taken by the Pyrates about 2 leagues Southward the Cape Henry, in a Pink, who tooke from him his Sailes, Masts, and provisions, and all his Necessaries and Cut of[f] the head of his Rudder as low down as they Could, to disable him of getting in. his fore Yard they also tooke from him. he likewise sayes that they spoke some English aboard and that they are about 40 or 50 strong besides the Prisoners, but they would not suffer him to Speake to any of them, but was threatned to be Shot for Speaking only to one and asked (and that softly) what are you, who answered, I am a Carpenter who belonged to a vessell of about 110 Tons loaded in York River which they sunk. when they left him they stood NE. and believes they Intend of the Coast as soone as they meet a vessell which they have an Accot. of, Dayly Expected here from Guinea.

MICH'LL COLE.

May 5, 1700.

99. Libel by Captain William Passenger. May 11, 1700.[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 91. A libel, in admiralty law, is a plaintiff's or claimant's document containing his allegations and instituting a suit—in this instance a prize suit.]

Virga. ss. Att the Court of Admiralty held at Hampton Town on Saturday the 11th day of May in the 12th year of the Reign of our Sovereign Lord William the third, of England, Scotland, France and Ireland King, Defender of the faith, etc., annoq Domini 1700,

Before the Hono'ble Edward Hill, Esqr., Judge of the sd Court,[2] came Capt. William Passenger, Commander of his Maj'tes ship the shoreham, and Exhibited the following Libel in these Words

[Footnote 2: A court of vice-admiralty was first erected in Virginia in 1698, and Hill was the first judge appointed. He was commissioned (Mar. 8, 1698) by Governor Andros, by virtue of the latter's commission (June 26, 1697) from the High Court of Admiralty in England; so say the Virginia council, in Va. Mag. Hist., XXII. 245, but the record of this latter commission in London dates it Apr. 29. Am. Hist. Assoc., Annual Report, 1911, I. 518.]

Virg'a. ss. May the 11th in the 12th year of his Maj'tes Reign, Annoq Domini 1700.

To the Hon'ble Court of Admiralty:

William Passenger, Commander of his Majestyes ship the shoreham, as well for and in behalf of his Majesty as for and in behalfe of himself, officers and Company on Board the said ship,

Humbly gives this Court to understand and be Informed that on the 29th Day of Aprill last Past, in his Maj'tyes said ship the Shoreham, within the Cape of Virga: he engaged, fought and tooke a Company of Pirates or sea Robbers which were in a ship called the Peace, of about two hundred tons Burthen, Mounted with twenty Gunns, which said Company of Pyrates or sea Robbers in the aforesaid ship for severall dayes before their being soe taken did in an Open, Warlike, Hostile, and Piraticall manner Assault, Attack, Fight, take, Robb, Burn, and spoile severall Merchant ships belonging to the subjects of our sovereign Lord the King (Vizt.)

A Pinke Called the Baltimore, John Loveday Master, A Sloope Called the George, Joseph Forest Master, A Ship Called the Pensylvania Merchant, Samuell Harrison Master, A Ship Called the Indyan King, Edward Whitaker Master, A Ship Called the Nicholson, Robert Lurting Master, who in a Peaceable and Lawfull manner were comeing into and goeing out of the aforesaid Cape of Virga. with their severall Goods and Merchandizes, etc. And also the aforesaid Company of Pyrates or sea Robbers, in the aforesaid ship, at and upon the aforesaid time and Place, in a Hostile and Warlike manner, did fight his Maj'tes said ship the shoreham, but they being overcome and taken as aforesaid the aforesaid William Passenger, in behalfe as aforesaid, prays Condemnation of the aforesaid Pirats ship Called the Peace, with all her Gunns, Ammunition, tackle, furniture, and apparell, to be devided and Proportioned according to the Rules and Orders of the sea, in such Cases made and provided, etc.

W. PASSENGER.

100. Deposition of William Woolgar and Others. [June 11, 1700.][1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 40.]

Virginia sct.

William Woolgar, Peter Shaw, Francis Warrell and Joshua Atkinson Examined and Sworne say

That on or about the 28th April in the year of our Lord God One Thousand seaven hundred, being sailers on board the Indian King bound for London, about three or four Leagues from Cape Henry they were attack'd and taken by a french Pirate of twenty Gunns by some called La Paix, who Comanded the Master of the said Indian King on Board the Pirate, who upon the same hoisted out his Yaul and went a board them with 4 of his men, upon which severall of the Pirates came on board the Indian King with the aforesaid Yaul and return'd her on board the Pirate with the mate, Doctor and sundry Passengers of the shipp aforesaid. the said Deponants further say that the Pirate aforesaid, with their shipp and another small ship taken by them, came into Lyn haven, where they Attack'd and took another Shipp, whose Comander they have since understood to be called Robert Lurten, and came all to an anchor in Lyn haven bay, where they plundred the said Indian King of some of her provisions and rigging with other things. And that on the 29th in the morning their came out of James River his Maj'tys Shipp the Shorham, which Engaged the said Pirate about 7 a Clock in the morning and forced them to surrender about 4 or 5 a Clock in the afternoon, there being two of the said Depon'ts (to witt) William Woolgar and Peter Shaw on board the Shorham the most part of the Engagement. And further the said Deponants say not.

FRANCIS WARRELL. WM. WOOLGAR. JOSHUA ATKINSON. PETER SHAW.

Sworne to before the Court of Oyer and Terminer for Tryall of Pirates

Test, PETER BEVERLEY Cl. Arr.[2]

[Footnote 2: Clerk of arraignments.]

101. Deposition of Joseph Man. [June 11, 1700.][1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 44b. Man, an able seaman, was afterward taken over to England to testify against the pirates, and was granted L60 by the Privy Council for his services in the fight, besides five months' pay promised him by Nicholson. Acts P.C. Col., II. 360.]

Virginia Sct.

Joseph Manns aged 30 yeares Examd: and Sworn saith

That on Sunday being the 28th day of April last past Capt. John Aldred, Comander of his Maj'tys Shipp the Essex Prize, came on Shoare to Collo. William Willson at Kyquotan and informed his Excellency Francis Nicholson, Esqr., his Maj'tys Lieut. and Governor Gen'll of Virginia, and Capt. Passenger, Comander of his Maj'tys Shipp the Shorham Galley, in the hearing of this depon't, that he had been on board of a Pink and was there informed that there was a Pirate lay in Lyn haven bay and that she made her Escape from them, upon which information soe as aforesaid given Capt. Passenger immediatly went on board his Maj'tys shipp the Shorham and got her under saile, designeing to goe downe in the night, and this depon't further saith that upon the aforesaid 28th day of April in the Evening his Excellency, accompaned with Capt. John Aldred, Peter Heyman, Esqr.,[2] and this depon't, went on board his Maj'ty's ship the Shorham. the next morning about six of the Clock wee came up with the Pirate (which this depon't since understands is called the La Paix, the Captaines name said to be Lewis Guittar). we threw abroad the Kings Jack, flagg and Ancient,[3] the Pirate hoisted up blood red Colloures and refused to submit, whereupon wee immediatly Engaged with them and Continued the fight till about four a Clock in the afternoone. Peter Heyman, Esqr., standing on the left hand of this depon't within a foot of him, made severall shots into the Pirates Shipp, and about one or two of the Clock was by a shott from the Pirates shipp unhappily slaine. about four in the afternoone the Pirate struck his bloody Collours and hoisted up a flagg of truce and then fired no more Gunns, whereupon Capt. Passenger Comanded a boat and hands to board the Pirate, who brought back with them about 124 Pirates Prisoners, and it was supposed there was about 25 or 30 kill'd in the fight and that about 40 or 50 English Prisoners were redeemed, whome the Pirate had taken. And this deponant Yet further saith that two of the Pirates men, being left on board the shipp called the Nicholson, Robt. Lurten Master, which was taken by the Pirates the 28th of April, were upon the coming up of his Maj'tys ship the Shorham seized and brought on board us as prisoners, that this deponant was on board the Shorham Galley all the time of the Engagement upon the quarter deck near to his Excellency, and saw all the Transactions, and further says not.

JOSEPH MAN.

Sworne to before the Court for tryall of Pirates Test, PETER BEVERLEY C. Arr. A true copy, C.C. THACKER C. Sec. Off.[4]

[Footnote 2: Heyman was collector of customs for the lower district of James River. Gov. Nicholson caused a tombstone to be set in commemoration of him, with a laudatory inscription which is printed in the Southern Literary Messenger, IX. 695.]

[Footnote 3: Ensign. See doc. no. 33, note 15.]

[Footnote 4: Clerk in the secretary's office. The name of Chicheley Corbin Thacker deserves a comment, for double Christian names were at that period very rare. "In forty-nine church registers out of fifty, throughout the length and breadth of England, there will not be found a single instance of a double Christian name previous to the year 1700." Bardsley, Curiosities of Puritan Nomenclature, p. 226.]

* * * * *

102. Report of Dr. George Bramston. November 27, 1702.[1]

[Footnote 1: Public Record Office, Admiralty 1:3666, p. 162. The writer of this report, George Bramston, LL.D., was a notable practitioner of the civil law, and from 1702 to 1710 was master of Trinity Hall, Cambridge. His uncle writes of him in his autobiography, a few years before this, "George is doctor of law, ... fellow of Trinity Hall, and is admitted at the Commons, and lives there in some practice, but very good repute." Autobiography of Sir John Bramston, p. 29. To whom the report was nominally addressed is not clear, but it was intended indirectly for the enlightenment of Prince George of Denmark, consort of Queen Anne, whose wifely partiality had in May of this year raised him to the office of Lord High Admiral. As such, he nominally presided over the High Court of Admiralty; finding the need of having its activities supplemented by additional prize courts in the colonies, and instructed by this and similar reports, he on Dec. 7 applied for authority under the great seal to commission colonial governors (vice-admirals) to hold prize courts.]

DOCTORS COMMONS,[2] November 27th, 1702.

[Footnote 2: Doctors' Commons (see ch. VIII. of Sketches by Boz and ch. XXV. of David Copperfield), near St. Paul's, was the headquarters of the doctors of the civil law and of the admiralty and other civil-law courts.]

Sir,

The matter in yours of the 18th instant being of a Nature That was little knowne to Me, It seemed proper to take longer time to consider thereof, than otherwise would have been decent, for the Information of His Royall Highness as to the Power of the Vice-Admiralls of the Forreigne Plantations.

I humbly conceive it plaine, That they can have no Authority to condemne Prizes, in their Commissions from the Lord Admirall,[3] for He has none in that Patent which constitutes Him Lord Admirall of England.

[Footnote 3: A typical commission of a vice-admiral (Barbados, 1667) may be seen in the Publications of the Colonial Society of Massachusetts, II. 187-198.]

And you may please to call to mind, that the Power by which Ships are adjudged Prize, Proceeds from a Commission for that purpose particularly granted, under the Great Seale, to his Royall Highness.

And as to what may be most proper for the condemning of Prizes in those parts, I humbly conceive it cannot be Regularly done, but by an Authority grounded upon a Commission under the Broad Seale.

All which I humbly submitt with the Assurance That I am

Sir

Your must Humble Servant

GEO. BRAMSTON.

To be sent to Lord Nottingham[4] if it came from him.

[Footnote 4: The Earl of Nottingham was one of the two secretaries of state.]



PRIVATEERS AT MARTINIQUE.

103. Letter to Boston News Letter. May 8, 1704.[1]

[Footnote 1: A specimen of news of privateering in Queen Anne's War from one of the earliest issues of our first established newspaper; from the Boston News-Letter of May 15, 1704. That newspaper was founded by John Campbell, postmaster of Boston, son of Kidd's friend Duncan Campbell (see doc. no. 75). The first issue was for the week from Monday, April 17, to April 24, 1704. The text is taken from the file of the News-Letter possessed by the Massachusetts Historical Society.]

NEW-YORK, May 8. On the 3d Arrived here a Sloop from St. Thomas, in whom Mr. John Vryling, who Sail'd the 23d Decemb. last from Boston, in the Ship St. Jacob and Philip, of whom was Owner and Merchant, Charles Farnam Master, bound for Barbadoes, and on the Sabbath following, lost her Mane and Misin Mast in a Storm, taken in sight of Barbadoes, and carried into Martinico, and says that 7 Weeks ago was a Prisoner at Martinico, that the Governour permitted him to go in a French Sloop bound for St. Thomas, That the French have taken 130 odd Vessels this War into Martinico, and when he left it there was 17 Privateers out.[2] The Ships lately taken and carried thither are, the Venetian Merchant, Captains, Alexander, the Ship Virgin, John Sherwood, Brintania William Bartrum, Darvar of Bidiford, Richard Barton of Liverpool, Henry Punsunby of Dublin, John Reading of Barbadoes, belonging to Boston, Twisden a Brigantine, Chadwel another, Farnam a Ship, Andrews, Porter a Sloop. Nicholas Bradock, and Crute of Philadelphia, Peylton of Bermuda, Johnson of Maryland, a Sloop, Penley Master, Stephens a Ship of Boston taken into Guardiloop. after Mr. Vryling had been 14 days at St. Thomas, had advice from Martinico, 5 Brigantines carried in thither, on Board of one of which was Major Wheeler of Barbadoes[3] and several other Passengers, but what Ports bound to, or to whom the Brigantines belong'd, heard not. The Ship Princess Anne, bound from Barbadoes to London, being Leaky put into St. Thomas, there condemn'd as insufficient to go to Sea. Yesterday from Albany by information from our Indians acquainted, that the French of Canada are sending out 300 men to attack some parts of N. England. We have very rainy, dirty, and cold Weather for the Season, and so continues. We hear the Virginia Fleet Sails the last of this Month. Captain Davison hopes to Sail this Month.[4] The Wind and Weather hinders our Pensilvania Post coming in.

[Footnote 2: A letter written from Martinique a little later (June 27) by a captive colonel from St. Christopher's says, "We have had 163 vessels brought in here since the warr, ... there is about 30 privateers now belonging here, so that it's almost impossible for a vessel to pass to or from the Islands without a good convoy, and then they take some from them". He encloses a petition from some 300 British prisoners, "some whereof have been here 16 months in close prison". Cal. St. P. Col., 1704-1705, p. 184.]

[Footnote 3: Lately a member of the council of that island.]

[Footnote 4: Capt. John Davison, in the Eagle galley, had arrived at New York on Mar. 13, but had been long detained by disputes between the governor, Lord Cornbury, and the collector of the port over questions concerning the legal status of its cargo. N.Y. Col. Docs., IV. 1105-1110, 1121.]



CASE OF JOHN QUELCH AND HIS FELLOW PIRATES.

104. Account of their Execution. June 30, 1704.[1]

[Footnote 1: What is here reproduced, to show somewhat of the harrowing circumstances under which the pirate's career might end, is a very rare "extra" of the Boston News-Letter, found in the Massachusetts Historical Society's file of that newspaper. The case of Quelch and his associates is related in much detail by Mr. A.C. Goodell in the Acts and Resolves of the Province of Massachusetts Bay, VIII. 386-398, and in the Publications of the Colonial Society of Massachusetts, III. 71-77. The pursuit of the pirates is described in Sewall's diary, with extracts from the News-Letter, in Mass. Hist. Soc., Collections, XLVI. 103-110. In August, 1703, the brigantine Charles, fitted out as a privateer to cruise against the French, was riding off Marblehead, with her captain lying too sick to take her to sea. The crew seized the ship, put it in command of Quelch, threw the captain overboard, and sailed for the coast of Brazil, where for some months they engaged in a profitable career of piracy at the expense of subjects of the King of Portugal, with whom England had just concluded a particularly close alliance. In May, 1704, they reappeared on the Massachusetts coast, landed, and dispersed, but were presently suspected, accused, proclaimed, and "rounded up", the main capture being made at the Isles of Shoals, by an armed force under Maj. Stephen Sewall, the diarist's brother. The trial, June 13, 16, 19-21, was the first held in New England under the act of Parliament 11 and 12 Will. III., ch. 7, which gave the crown authority to issue commissions for the trial of pirates by specially constituted courts, outside the realm of England. The governor, Joseph Dudley, presided. Mr. Goodell maintains that the trial was conducted illegally in important particulars. Of the six pirates named above, as executed on June 30, Lambert was a Salem man, Peterson apparently a Swede, Roach Irish, Quelch and the other two English. Judge Sewall records that "When the Scaffold was let to sink, there was such a Screech of the Women that my wife heard it sitting in our Entry next the Orchard, and was much surprised at it; yet the wind was sou-west. Our house is a full mile from the place." In 1835 the editor's grandfather saw the six pirates of the Mexican, almost the last of their profession, hanged at about the same spot. I find that Mr. Paine has printed this piece, in Buried Treasure, but I know no other that so well illustrates its particular aspect of our theme.]