The Book of Buried Treasure Part 16

"Boston, June 17. On the 13th. Instant, Major Sewall attended with a strong guard brought to Town the above mentioned Pirates and Gold he had seized and gave His Excellency a full Account of his Procedure in Seizing them. The Prisoners were committed to Gaol in order to a Tryal, and the Gold delivered to the Treasurer and Committee appointed to receive the same. The service of Major Sewall and Company was very well Accepted and Rewarded by the Governour.

"His Excellency was pleased on the 13 Currant to open the High Court of Admiralty for trying Capt. John Quelch, late Commander of the Briganteen _Charles_, and Company for Piracy, who were brought to the Barr, and the Articles exhibited against them read. They all pleaded Not Guilty, excepting three, viz. Matthew Primer, John Clifford, and James Parrot, who were reserved for Evidences and are in her Majesties Mercy. The Prisoners moved for Council, and His Excellency a.s.signed them Mr. James Meinzes. The Court was adjourned to the 16th. When met again Capt. Quelch preferr'd a Pet.i.tion to His Excellency and Honorable Court, craving longer time which was granted till Monday Morning at Nine of the Clock, when said Court is to sit again in order to their Tryal."

Newspaper reporting was primitive in the Year of Our Lord, 1704, and we are denied further information of the merry chase after the fleeing pirates and their treasure. One would like to know more of that adventure at the Isles of Shoals and what the fugitives were doing "on sh.o.a.r" at Starr Island. The trial of Quelch and his companions was recorded with much more detail because it had certain important and memorable aspects. It will be recalled that Kidd and his men were sent to England for trial by Bellomont for the reason that the colonial laws made no provision for executing the death sentence in the case of a convicted pirate. The difficulties and delays and the large expense incident to the Kidd proceedings were among the considerations which moved Parliament, by an act pa.s.sed in the reign of William III, to confer upon the Crown authority to issue commissions for the trial of pirates by Courts of Admiralty out of the realm. Such a commission was finally sent to Lord Bellomont for the trial of pirates in Ma.s.sachusetts, New Hamps.h.i.+re, and Rhode Island. Another doc.u.ment of the same kind, granting him this power for New York, arrived there after his death.

These rights were confirmed by Queen Anne, and in her instructions to Governor Dudley she expressed "her will and pleasure that in all matters relating to the prosecution of pirates, he govern himself according to the act and commission aforesaid." The trial of Quelch was the first to be held by virtue of these authorizations, and therefore the first capital proceedings against pirates in the New England Colonies. A special court was convened, and an imposing tribunal it was, comprising the Governors and Lieutenant Governors of the Provinces of Ma.s.sachusetts Bay, and New Hamps.h.i.+re, the Judge of Vice Admiralty in each, the Chief Justices of the Superior Court of Judicature, the Secretary of the Province, Members of the Council of Ma.s.sachusetts Bay, and the Collector of Customs for New England.

The sessions were held in the Star Tavern, on the present Hanover Street of Boston, and Quelch was tried first, "being charged with nine several articles of piracy and murder." He was very expeditiously found guilty and sentenced to death, after which nineteen of his company, in two batches, were dealt the same verdict. From this wholesale punishment only two were excepted, William Whiting, "the witnesses proving no matter of fact upon him, said Whiting being sick all the voyage and not active," and John Templeton, "a servant about fourteen years of age, and not charged with any action." These were acquitted.

There are preserved only two copies of a broadside published in Boston in July of 1704 which quaintly portrays the strenuous efforts made to save the souls of the condemned pirates who must have been men of uncommonly stout endurance to stand up under the sermons with which they were bombarded. This little pamphlet may serve as a warning to venturesome boys of the twentieth century who yearn to go a-pirating and to bury treasure.

An Account of the Behaviour and Last Dying SPEECHES

Of the Six Pirates that were Executed on Charles River, Boston side, On Fryday, June 30th. 1704. Viz.

Captain John Quelch, John Lambert, Christopher Scudamore, John Miller, Erasmus Peterson, and Peter Roach.

The Ministers of the Town had used more than ordinary Endeavours to Instruct the Prisoners, and bring them to Repentance. There were Sermons Preached in their hearing Every Day; And Prayers daily made with them. And they were Catechised; and they had many occasional Exhortations. And nothing was left that could be done for their Good.

On Fryday, the 30th of June, 1704, Pursuant to Orders in the Dead Warrant, the aforesaid Pirates were guarded from the Prison in Boston by Forty Musketeers, Constables of the Town, the Provost Marshal and his Officers, etc, with two Ministers who took great pains to prepare them for the last Article of their Lives. Being allowed to walk on foot through the Town, to Scarlet's Wharf: where the Silver Oar being carried before them, they went by Water to the Place of Execution being crowded and thronged on all sides by Mult.i.tudes of Spectators. The Ministers then spoke to the Malefactors to this Effect:

"We have told you often, yea, we have told you weeping, that you have by Sin undone yourselves; That you were born Sinners; That you have lived Sinners; That your Sins have been many and mighty; and that the Sins for which you are now to Dy, are of no Common aggravation. We have told you that there is a Saviour for Sinners, and we have shewn you how to commit yourselves into his Saving and Healing Hands. We have told you that if He Save you He will give you as hearty Repentance for all your Sins, and we have shewn you how to Express that Repentance. We have told you what Marks of Life must be desired for your Souls, that you may Safely appear before the Judgment Seat of G.o.d.

Oh! That the means used for your Good may by the Grace of G.o.d be made Effectual. We can do no more, but leave you in His Merciful Hands."

When they were gone upon the Stage, and Silence was Commanded, One of the Ministers Prayed as followeth:

"Oh! Thou most Great and Glorious LORD! Thou art a Righteous and a Terrible G.o.d. It is a righteous and an Holy Law that thus hast given unto all, but what would soon have done the worst things in the World.

Oh! The Free-Grace! Oh! The Riches of that Grace, which has made all the Difference! But now, we cry us. To break that Good Law, and Sin against thy Infinite Majesty can be no little Evil. Thy Word is always True, and very Particular, that Word of thine which has told us and warned us, EVIL PURSUETH SINNERS. We have seen it, we have seen it.

We have before our Eyes a dreadful Demonstration of it. Oh! Sanctify unto us, a Sight that has in it so much of the Terror of the Lord!

"Here is a Number of men that have been very great Sinners, and that are to Dy before their Time, for their being wicked overmuch.

"... But now we cry mightily to Heaven, we Lift up our Cries to the G.o.d of all Grace, for the Peris.h.i.+ng Souls which are just now going to Expire under the Stroke of Justice, before our Eyes. We Mourn, we Mourn, that upon some of them at least, we do unto this minute see no better Symptoms. But, Oh! is there not yet a Room for Sovereign Grace to be display'd, in their Conversion and Salvation? They Perish if they do not now Sincerely turn from Sin to G.o.d, and give themselves up to the Lord JESUS CHRIST; They Righteously and Horribly Peris.h.!.+ And yet, without Influences from above, they can do none of those things which must be done if they do not perish. Oh! let us beg it of our G.o.d that He would not be so Provoked at their Multiplied and Prodigious Impieties, and at their obstinate Hardness under means of Good formerly afforded them, as to withhold those Influences from them. We cry to thee, O G.o.d of all Grace, That thou wouldst not Suffer them to continue in the Gall of Bitterness and Bond of Iniquity, and in the Possession of the Devil. Oh! Knock off the Chains of Death which are upon their Souls; Oh! s.n.a.t.c.h the prey out of the Hands of the Terrible.

"... Discover to them, the only Saviour of their Souls. Oh! Dispose them, Oh! a.s.sist them to give the Consent of their Souls unto His Wonderful Proposals. Let them dy Renouncing all Dependence on any Righteousness of their own. Alas, what can they have of their own to Depend upon! As a Token and Effect of their having Accepted the Righteousness of G.o.d, Let them heartily Repent of all their Sins against thee, and Abhor and cast up every Morsel of their Iniquity.

Oh! Let them not go out of the World raging and raving against the Justice of G.o.d and Man. And whatever part of the Satanick Image is yet remaining on their Souls, Oh! Efface it! Let them now dy in such a State and such a Frame as may render them fit to appear before G.o.d the Judge of all. What shall plead for them?

"Great G.o.d grant that all the Spectators may get Good by the horrible Spectacle that is now before them! Let all the People hear and fear, and let no more any such Wickedness be done as has produced this woeful Spectacle. And let all the People beware how they go on in the ways of Sin, and in the paths of the Destroyer, after so Solemn Warnings.

"Oh! but shall our _Sea-faring Tribe_ on this Occasion be in a Singular manner affected with the Warnings of G.o.d! Lord, May those our dear Bretheren be Saved from the Temptations which do so threaten them! Oh!

Let them not Abandon Themselves to Profanity, to Swearing, to Cursing, to Drinking, to Lewdness, to a cursed Forgetfulness of their Maker, and of the End for which He made them! Oh! Let them not be abandoned of G.o.d unto those Courses that will hasten them to a d.a.m.nation that slumbers not! Oh! Let the men hear the Lord exceedingly, We Pray thee! Let the Condition of the Six or Seven men whom they now see Dying for their Wickedness upon the Sea be Sanctified unto them...."

They then severally Spoke, Viz.

--I--_Captain John Quelch_. The last Words he spoke to one of the Ministers at his going up the Stage were, _I am not afraid of Death. I am not afraid of the Gallows, but I am afraid of what follows; I am afraid of a Great G.o.d, and a Judgment to Come_. But he afterwards seem'd to brave it out too much against that fear; also when on the Stage first he pulled off his Hat, and bowed to the Spectators, and not concerned, nor behaving himself so much like a Dying man as some would have done. The Ministers had in the Way to his Execution much desired him to Glorify G.o.d at his Death, by bearing a due Testimony against the Sins that had ruined him, and for the ways of Religion which he had much neglected; yet now being called upon to speak what he had to say, it was but this much. _What I have to say is this. I desire to be informed for what I am here. I am Condemned only upon Circ.u.mstances.

I forgive all the World. So the Lord be Merciful to my Soul_. When _Lambert_ was Warning the Spectators to beware of Bad Company, _Quelch_ joyning _They should also take care how they brought Money into New England, to be Hanged for it!_

--II--_John Lambert_. He appeared much hardened, and pleaded much on his Innocency; He desired all men to beware of Bad Company; he seem'd in a great Agony near his Execution; he called much and frequently on Christ for Pardon of Sin, that G.o.d Almighty would save his innocent Soul; he desired to forgive all the World. His last words were, _Lord, forgive my Soul! Oh, receive me into Eternity! Blessed Name of Christ, receive my Soul_.

--III--_Christopher Scudamore_. He appeared very Penitent since his Condemnation, was very diligent to improve his time going to, and at the place of Execution.

--IV--_John Miller_. He seem'd much concerned, and complained of a great Burden of Sins to answer for; expressing often _Lord, what shall I do to be Saved_!

--V--_Erasmus Peterson_. He cryed of injustice done him, and said _It is very hard for so many lives to be taken away for a little Gold_. He often said his Peace was made with G.o.d, and his Soul would be with G.o.d, yet extream hard to forgive those he said had wronged him. He told the Executioner, _he was a strong man, and Prayed to be put out of misery as soon as possible_.

--VI--_Peter Roach_. He seem'd little concerned, and said but little or nothing at all. Francis King was also brought to the place of Execution but Repriev'd.

Printed for and Sold by Nicholas Boone, at his Shop near the Old Meeting-House in Boston. 1704.

ADVERTIs.e.m.e.nT.

There is now in the Press and will speedily be Published: The Arraignment, Tryal and Condemnation of Captain John Quelch, and others of his Company etc. for sundry Piracies, Robberies and Murder committed upon the Subjects of the King of Portugal, Her Majesties Allie, on the Coast of Brasil etc. Who upon full Evidence were found guilty at the Court-House in Boston on the 13th of June 1704. With the Arguments of the Queen's Council and Council for the Prisoners, upon the Act for the more effectual Suppression of Piracy. With an account of the Ages of the several Prisoners, and the Places where they were Born.

The _News-Letter_ was less inclined to vouch for the pious inclinations of these poor wretches, and gravely stated that "notwithstanding all the great labour and pains taken by the Reverend Ministers of the Town of Boston, ever since they were first Seized and brought to Town, both before and since their Tryal and Condemnation, to instruct, admonish, preach, and pray for them: yet as they had led a wicked and vicious life, so to appearance they dyed very obdurately and impenitently, hardened in their Sins."

Be that as it may, the figure of bold John Quelch on the gallows, bowing to the spectators, hat in hand, was that of no whimpering coward, and one admires him for that grimly sardonic touch of humor as he warned the silent, curious mult.i.tude to take care "how they brought money into New England, to be hanged for it." Among these devout and somber Pilgrims and Puritans who Listened to that singularly moving prayer, tremendous in its sincerity, were more than a few who were bringing money into New England by means of trade in rum and negroes, or very quietly buying and selling the merchandise fetched home by pirates who were lucky enough to keep clear of the law. The Ma.s.sachusetts colonists dearly loved to make public parade of a rogue caught in the act, and to see six pirates hanged at once was a rare holiday indeed.

These only of the number convicted and condemned were hanged. All the others were pardoned a year later by Queene Anne at the recommendation of Governor Dudley, with the exhortation "that as they had now new Lives given them, they should be new men, and be very faithful and diligent in the Service of Her Majesty; who might as easily and justly have ordered their Execution this day as sent their Pardon." As one way of turning pirates to some useful account, these forgiven rogues were promptly drafted into the royal navy as able seamen, and doubtless made excellent food for powder.

Although a large part of that hundred weight of gold was successfully concealed by Quelch and his comrades, either buried at the Isles of Shoals, or otherwise spirited away, enough of it was recovered to afford a division of the spoils among various officials in a manner so suggestive of petty graft as to warrant the conclusion that piracy was not entirely a maritime trade in Puritan Boston. Every man Jack of them who had anything whatever to do with catching or keeping or hanging Quelch and his fellows poked his fingers into the bag of gold.

It seems like very belated muck-raking to fish up the doc.u.ment that tells in detail what became of so much of the Quelch treasure as fell into the greedy hands of the authorities, but here are the tell-tale figures:

"To Stephen North, who kept the Star Tavern in which the trial was held, for entertainment of the Commissioners during the sitting of the Court of Admiralty, and for Witnesses, Twenty-eight pounds, Eleven s.h.i.+llings, and six pence.

"To Lieut. Gov. Usher, Expenses in securing and returning of James Austin's Gold from the Province of New Hamps.h.i.+re, Three pounds, ten s.h.i.+llings.

"To Richard Jesse, Sheriffe of New Hamps.h.i.+re and his Officers and under keeper, for charge of keeping the said Austin, expenses in his sickness, and charge of conveying him into this Province, Nine pounds, five s.h.i.+llings.

"To Mr. James Menzies of Council for the Prisoners on their Tryal, as signed by the Commissioners, Twenty Pounds.

"To Henry Franklyn, Marshal of the Admiralty for the Gibbet, Guards, and execution, Twenty-nine pounds, nineteen s.h.i.+llings. Later forty s.h.i.+llings added to Thomas Barnard for erecting the gibbet.

"To Samuel Wakefield, Deputy Marshal of the Admiralty, for charges in apprehending several of the said Pirates, Four Pounds, five s.h.i.+llings and six pence.

"To Mr. Apthorp and Mr. Jesse, two of the Constables of Boston for their service about apprehending the said Pirates, forty s.h.i.+llings.

"To the Constables of the Several Towns betwixt Bristol and Boston for apprehending and conveying of Christopher Scudamore, two pounds, eighteen s.h.i.+llings.

"To Captain Edward Brattle, charges on a Negro boy imported by the said Pirates, Twenty five s.h.i.+llings.

"To Andrew Belcher, Esq., charges for Clothing of the Witnesses sent to England with Larrimore and Wells, charged as accessories, seven pounds, eighteen s.h.i.+llings.

"To Paul Dudley, Esq., the Queen's Advocate for the prosecution of the said Pirates, preparing the said Tryal for the press, supervising of the same, and for his service relating to Captain Larrimore, in the whole, Thirty-six pounds.

"To Thomas Newton, Esq. of Council for the Queen in the said Tryal, ten pounds.