Privateering and Piracy in the Colonial Period Part 13

To the Hon'rd Governor and Coart of Asistants

The Humble Pet.i.tion of Allwin Child

Sheweth, That a s.h.i.+p called the _St. Anthony_ was consigned unto your pet.i.tioner from Lisbon under the Command of John Tarry, and in his voyage, about one hundred and ten Leagues from Lisbon, the seamen of the sd. s.h.i.+p mutined Against the sd. Commander and turned himself, his supercargo, mate and Boy out of said s.h.i.+p into the Boate to s.h.i.+ft for themselves and Ran Away with the s.h.i.+pe, Some of the men so running Away being at present under conviction in this prison, and three others having bin taken at Plimouth in order to bee also Brought to Answare for their misdimeniors before the Authouritey of this Colony, But did theare Breake prison and escaped unto the Government of Road Iland, at which place they are Apprehended, and the said Tarry is Liquise now Arived there for Another s.h.i.+p, consigned allso to your pet.i.tioner, and is there detained to prosicute the Above offenders.

Your Pet.i.tioner in Behalf of the Imployers humbly craves that your Hon'rs would be pleased to take such Coa.r.s.e that the said escaped prisoners may bee sent for to this place to Answare these facts According to Law, the Evidence Against them Being partly heard All Ready, and the Comander being also Bound to this place, soe that his stay theare will bee very preduditiall to the voyge of said s.h.i.+p and Imployers, the s.h.i.+p Requiering A speedy Dispatch. And he shall Pray

[_Endorsed:_] Allwin Child pet.i.tion to Gov'r and Mag'ts in Court of a.s.sists. 24 Oct. 1673.[2]

[Footnote 2: The Court of a.s.sistants, March 7, 1674, fined Major Nicholas Shapleigh 500 pounds for harboring and concealing in his warehouse William Forrest, Alexander Wilson, and John Smith, "capitall offenders," arranging their escape, and receiving and concealing their goods. _Records of the Court of a.s.sistants_, I. 12-14, where a pet.i.tion of Alvin Child in the matter is referred to. See also Maine Historical Society, _Doc.u.mentary History_, second ser., VI. 38-42.]

CASE OF RODRIGUEZ AND RHODES.

_41. Declaration of Thomas Mitch.e.l.l. May 24, 1675._[1]

[Footnote 1: Suffolk Court Files, no. 1390, paper 1. This case appears in the _Records of the Court of a.s.sistants_, I. 34-39, 42. The chief originator of this episode of piracy was a Dutch captain from Curacao, Juriaen Arentsen. In 1674, when a state of war existed between France and the Netherlands, he captured the French forts at Castine and St.

John, and took possession of the region as "New Holland." Then, "at the _Bear_ in Boston," he gave some sort of commission to another Dutchman or Fleming, Peter Rodrigo or Rodriguez, to John Rhodes of Boston, and others, under which they proceeded in the piratical manner described in doc.u.ments 41 and 42. The Court of a.s.sistants had now, by a law pa.s.sed in December, 1673, been fully authorized to act as a court of admiralty (which hitherto it had done without formal authorization); sitting as such, May 17-June 17, 1675, it condemned Peter Rodrigo, Dutchman, John Roads, late of Boston, Peter Grant, Scotchman, Richard Fowler and Randolph Judson, Englishmen, for piracy, and sentenced them to be hanged. All were however pardoned subsequently. _Records of Ma.s.sachusetts Bay_, V. 40, 54, 66. Mitch.e.l.l and Uring were whipped for complicity, of which there was evidence contradicting their testimony here presented. For the background of the whole story, see C.W. Tuttle, _Captain Francis Champernowne, the Dutch Conquest of Acadie, and other Historical Papers_ (Boston, 1889), pp. 137-150, 349-399.]

To the Hon. Court of a.s.sistants sitting in Boston

The Declaration of Thomas Mitch.e.l.l of Maulden Fisherman Humbly sheweth, That the said Mitch.e.l.l beinge hired in October last both himself and the Barque whereof he was a part owner, for three moneths certaine and foure uncertaine upon a Tradeing voyage to the Eastward as farre East as a Plais called Siccanecto[2] in the Bottome of the Bay of Fundi by Captaine Peter Roderius and other of the Privateers, as by a Charter Party under their hands and seales more att Large it doth and may appeare, had nott any thought or suspition that the said Privateers would have taken any things from any man wrongfully, they before they went out severall times promiseinge the contrary (which if they should deny may be made to appeare). b.u.t.t when sd. Privateers came to the Eastward, instead of complyinge with their Charter Party or makeinge good their Promise, forced the sd. Mich.e.l.l to carry them whither they Pleased, and although the sd. Mich.e.l.l was very earnest Seaverall times with them to be discharged from their service, proffering them at Pemequid,[3] before he went out of this Jurisdiction, to loose the hire of his vessell and with more they desired rather [than] to proceed any further in said voyage, as Lieutt. Gardner[4] and his sonnes can testifie, And when he came backe from Pemequid, had he nott, the winde being Faire, been forced away before he could speak with Lieutt. Gardner, he might have had sufficient testimony from them of his unwillingnesse to proceed any further with them; Neither did the said Mich.e.l.l give his consent to their takeinge of any vessell or goods from any Person but as farr as in him lay and as much as he durst did oppose the same: Neither had the said Mich.e.l.l any share or part of any of the said goods that the aforesd Privateer tooke, nor had any hand in the takeing of either vessells or goods, b.u.t.t was alwayes agt. such their proceedings, and when they came as farr East as Naskeague,[5] when the Privateers spake of goeing over the Bay of Fundi he told them he had rather give them a Hundred Pounds than goe over the Bay with them, as by the Testimony of Robert Wills may appeare which was sworne by The Worsp'll Mr.

Stoughton.[6] Nevertheless they forced the said Mich.e.l.l to goe over the Bay with them, tellinge him they would carry him and his vessell wherever they pleased, And Being at Tuskett Islands,[7] the said Mich.e.l.l demandinge his hyre, telling them the time was expired that was mentioned in the Charter Party, and that he desired to goe home to looke after his familie and to pay his Merch'ts that had betrusted him, And withall he forewarned them for weighing his Anchors for he would stay noe longer in their service; But Richard Fowler, threatninge that he would make a hole through his skinne if hee did nott hold his tongue, went and, whether he would or nott, weighed his Anchors and forced him to goe backe to Machias; The said Privateers by their uncivill Carriage did make the said Mich.e.l.l soe weary of the voyage that if he could have gotten an opportunity he would have come away with his vessell and left them there, though he had lost all his hire and what also he carried out with him; Now the Premisses beinge considered by this Hon'ble Court, he hopes they will have soe much Charitie for him as to conclude him nott guilty of those actions that are laid to his Charge: The Just and Righteous determinations whereof he Leaves to the Wisdome and Clemencie of this Hon'ble Court, and is bound to subscribe Himself

Your Honours Most Humble Servt.,

THOMAS MITCh.e.l.l.

Boston, May the 24th, 1675.

[Footnote 2: Chignecto, Nova Scotia.]

[Footnote 3: Pemaquid, Maine, east of the mouth of the Damariscotta.

There was an English settlement there from 1626. As to the jurisdiction, all this region east of the Kennebec had been included in the Duke of York's patent of 1664, but his governor at New York took no active steps to a.s.sume its government till 1677, and _de facto_ Pemaquid in 1675 was in the jurisdiction of Ma.s.sachusetts, which in 1674 had organized the region east of the Kennebec as the county of Devon.]

[Footnote 4: Lieut. Thomas Gardiner, resident at Pemaquid, was chief military commander and treasurer of the county of Devon, and a county magistrate.]

[Footnote 5: Near Sedgwick, Maine.]

[Footnote 6: William Stoughton, of the Court of a.s.sistants, afterward lieutenant-governor of the province; see doc.u.ment no. 70, _post_.]

[Footnote 7: Off Yarmouth, Nova Scotia.]

_42. Declaration of Edward Youreing. May 24, 1675._[1]

[Footnote 1: Suffolk Court Files, no. 1390, paper 2. The name is more often found with the spelling Uring.]

To the Hono'rd Court of a.s.sistants Now Sitting in Boston The Declaration of Edward Youring of Boston, Fisherman, Humbly Showeth:

Thatt whereas the said youring being in October last past, both himselfe and the Barke whereof the said youring was part owner, and being hyred upon A leading Voyage, so farr Easterly as A Place caulled Zecganickto nere the botom of the Bay of Fundy (and noe further), by Capt. Peter Rodregross and Company; As by A Charter Partie, Refferance being had thereunto, more fully may Appear; and allso will therein Declare thatt I your Poore and Humble Declarant Edward Youring had not the Least Intention of anything thereby but onely and honestly to Improve both myselfe and my Interest in the foresaid Barque, in an honest Lawfull way; And it being well knowen and seen, both in Towne or else where wherever my caulling haith Led mee, thatt I have been according to my Capa.s.setye and Abillity an Industreous hard Laberar, whereby I mought gitt wherewith to mentayne my Famely, which in a measure hayth been sumthing Comefortably untell now (through the goodness of G.o.d), nor I have not at all been wanting to take the best paynes I could for an honest Livelyhood, both for my selfe and my Familie, I not being so Ignorant but thatt by Instructyans and good Examples being thereby rightlie informed, thatt hee is worse than an Infidle thatt shall not provide for his Familie, etc.; I Doe Declare in the presence of G.o.d and Your Hon'rs this Day that, through G.o.d's goodness to me, I am Conscious unto my owne Innocency, and am truly free from thatt Reporte of my being guiltie of Pyracy or being A pyorett, nither ever had I the Least thought nor suspition thatt those persons which Carryed them selves so fairly to me whilst that I was in Boston with them, would have caryed it so much contrary to whatt they promised to me before they went from hence; And thatt was thatt they would not meddle, nor take either vessells or goods from any English man, as may Appeare by severel testimonys; whereupon I did proced upon the said Voyage, upon Monthly Wages. And wee being come as farr East as Cas...o...b..y, then the Privateers (though much against my minde and will) they wentt on Sh.o.a.re and brought on Board of us severall Sheepe which belonged to the inhabitants of thatt place, where upon I did so farr show my dislike to the Privateers for soe doeing that I tould them thatt I protested against their Actions in that way; where upon they did not only revile and use opprobius and reproachfull words to me for my declayring my minde to them, but they allso threated to strycke me and being so threatened forced me to Silence, and they also forced me to goe further upon the said voyage; and when wee arrived so farr East as Pemmaquid I tooke so much notice of the debaucherie of the Privateers thatt I thought in my selfe thatt the voyage was not like only to be unproffitable but allso troublesome and uncomfortable, whereupon I desired to be cleared from them, but I being one thatt was bound by charter partie was forced to goe further East with them; and Comeing to a Place caulled Knoskeegg,[2] there wee mett with Capt.

Roades and the Privateers tooke him aboard of our vessell, and after some stay there the wind being Contrary, notwithstanding they went to turne it out and as they ware turning out, I Edward Youring spoke to Thomas Mitch.e.l.l whoe was then at helme, desireing him to beare up the helme and to goe no further with them, and I tould the sayd Mitch.e.l.l my reason was because I heard them say thay would take George Manning[3] and the Vessell if they could meet with him, and one of the Privateers, by name Randler Judgson, came to me as I was speaking to Mitch.e.l.l to beare up the helme, sweareing thus or this effect: "G.o.d d.a.m.ne me, Youring or Mitch.e.l.l, speake another word of bearing up the Helme and Ile knock out your Braines with a hand speake", etc.; furthermore I the sayd Youring haveing no way to Escape from them was forced to Stay Longer with them, but at Length Comeing to a Harbour further East, wee spieing a vessell at an Anchor, Capt. Rodregrose commanded Thomas Mitch.e.l.l to Steer right with her, and Comeing up with her Rodregross bid them Amaine[4] for the Prince of Orainge; whareupon they lowred out their Annchor and it proved to be George Manning; then I the said Youring, haveing heard Rodregross and the Privateers say whatt they Intended to doe if they meett with Manning, I intreated them not to take him but to lett him goe peaceably with whatt hee had, and onely give him warning for the future; but Rodregross instead of Complying with my request blamed me much for speak[ing] against takeing of him, and forthwith went on board and tooke a way his peltery; and the same Afternoone made prize, both of vessell and goods, after wh. I Edward Youring Speakeing in the behalf of Manning, Capt. Rodregross tooke doune his pistol, wch generally he kept loaden by him, and presented it to me, and had not Capt. Roades whch satt by Layd his hand upon it, turnning of it away from me, I had then been shott. and the next Night following Petter Grant one of the Privateers made a writeing, and being very earnest with me to sett my hand to it, toulde me it would be no damage to me to sett my hand as a Witness; I the said Youring, being Ignorant of such things and not knowing what was in it, I did Sett my hand to it, but no otherwayes b.u.t.t as A wittness (the which I did by reason of my being in feare of my life, if I should have denyed to have done it), and soon after the Pryvat[eer] [_torn_] had been at Mayhchyous[5] and Laded the goods they tooke from George Manning, they went to St. Johns, wheare they had not been above three or fower howers, as I judge, before thatt there caime into the Harbor a vessell from the Sea and came to an Anchor about a mile distant from us. then the said Rodregross Commanded twoe boates to be manned to cary him and his Company, and coming nere to the vessell, he bid them A Mayne for the Prince of orainge, and Some in the vessell knowing him desired him to come aboard, And when he came aboard Rodregross Commanded them to weigh Anchor and to Come and Ride by him; and thatt Night Capt. Rodregross kept possession of [_torn_] himself and the next day commanded his boat from his own vessell, and Commanded George Walton, master of the said vessell,[6] to deliver their Beaver and Moose, wch after search made in the hold he tooke and Carryed it away, and I the said Youring shewing my dislike as much as I darst in my opposeing Rodregross, upon which and because I would not give my consent to goe over the Bay of Fundee, I being one thatt was ingaged by Charter partie to the Contrarie, and soone affter one of the Privateers struke me many blowes upon my backe and Sides with a long knife Like a Short Hangger, which brused me very mutch, and the same night being a very could night in the latter eand of Dicember Last, the sayd Privateer thatt hett me turned me ash.o.a.re, wheare I was like to be Starved wth could.

The next day following, I being very ill and very sore with the blowes I recd the evenning before, and after the morning was a little pa.s.sed, with much intreetye I prevailed to git libertie to goe aboard to gitt some Releife. And after they had forced Thomas Mitch.e.l.l and myselfe to goe over the Bay of Fundee, as wee Returned backe wee put into Maychyas, and Standing into the harbor wee saw a vessell under Duch collors standing out; which when wee came nere unto proved to be George Mannings vessell; whoe as soone as hee came up with us, haveing gotten to Windward of our Vessell, poured a Volley of Shott in upon us with Dutch coullors flying, and presently affter wee saw a vessell with French Coullors, upon which wee concluded All to be French and thatt wee ware betrayed and should bee taken; thereupon Capt.

Rodregross Commanded every man to his Arms and to fight for his life.

But as soone as Capt. Mosely[7] Came up with us, hee haveing the English Coullors out, Hee bid us A Maine for the King of England, and I myselfe Loured the Maine Sayle three or foure foot doune, at which Capt. Rodregross was very angry with me and Commanded me to hoyse it againe, which I Refused to doe; and there upon I went forward and Laye before the windles tell the vessell was taken; And when the Capt.

yeelded, I Edward Youringe Lett fall the Anchor; I being very glad that I was freed from the Bondage and Slavery I was in untell the vessell was taken by Capt. Moseley; I being all the voyage Comanded, as occasion presented, to goe a Sh.o.a.re with John Farmer to cott wood and fetch watter to carry aboard; notwithstanding one halfe of the vessell was my owne; and also I stand Still ingaged for one halfe of the Cargoe thatt was Carryed out from Boston.

[Footnote 2: Naskeag; see note 5 to doc.u.ment 41.]

[Footnote 3: Captain of a small Boston vessel; his letter to the owner is in the Maine _Doc.u.mentary History_, second ser., VI. 42-43.]

[Footnote 4: _I.e._, lower your topsail, in token of surrender.]

[Footnote 5: Machias.]

[Footnote 6: The _Trial_, of Kittery, belonging to Maj. Nicholas Shapleigh; _Doc. Hist._, VI. 46-47.]

[Footnote 7: Sent by the Ma.s.sachusetts government to suppress these pirates.]

Now all these premises being searyously pondred by this honord Courte of a.s.sistants, with the prudent and upright management of the Gent'men of the Jury, Together with the testimonyes I have redy to give in, I hope will thereby Evidently Appeare thatt I am not guiltie of Pyracy or any Acttyons tending thereto, as is Layed to me in my Charge, And I being over powered by the Privateers thatt did tyranize over me, I was forced contrary to my minde and will to doe whatt I did during the time I was with the Privateers upon A voyage to the Eastward; for the true determination of which and of my being Concerned therein I freely and willingly Leave my Selfe to the wise, Judicious and Righteous proceedings of this Honoured Courte and Gentlemen of the Jury, hopeing the Lord will Cleare up my Innocency as to the matter of Factt, I being Conscious to my owne Innocency. So desiring the Lord to direct you In your Proceeding that Right may take place, not att all doubtting b.u.t.t thatt your Honors will soe dilligenttly search in to the Cause thatt the Innosent may Bee Cleeared and the Guilty Suffer, according to merritt, so wis.h.i.+n you all happienes, And for the Continewance of which I shall ever Pray, etc., Subscribe my Selfe your Faithfull Subjectt and Searvantt In all Hummillitye

EDWARD YOUREING.[8]

Boston the 24th of May 1675.

[Footnote 8: Of one of the Dutchmen concerned in this episode of piracy, Cornelius Andersen, Hutchinson relates, quoting a contemporary letter, that, being under sentence of death for piracy, but pardoned on condition of enlisting in King Philip's War, "He pursued Phillip so hard that he got his cap and now wears it. The general, finding him a brave man, sent him with a command of twelve men to scout, with orders to return in three hours on pain of death; he met 60 Indians hauling their canoes ash.o.r.e: he killed 13 and took 8 alive, and pursued the rest as far as he could go for swamps, and on his return burnt all the canoes ... and a short time after was sent out on a like design and brought in 12 Indians alive and two scalps." _History of Ma.s.sachusetts Bay_, I. 263.]

BRANDENBURG PRIVATEERS.

_43. Seignelay to Colbert. May 8 (N.S.), 1679._[1]

[Footnote 1: British Museum, Harleian MSS., 1517, fol. 232. Probably an intercepted letter. Colbert was the great prime minister of Louis XIV.; Seignelay, Colbert's eldest son, was minister of marine. The doc.u.ment has a curious interest as showing perhaps the first instance in which the (Brandenburg-) Prussian navy, or privateer marine, touches American history. The Great Elector, Frederick William, had for some time cherished ambitious designs, respecting the creation of a navy and the establishment of colonies, but it was not till late in 1680 that he possessed a war-s.h.i.+p of his own, in 1681 that he began a little establishment on the West African coast, in 1682 that he founded his African Company. In this year 1679 he had a few s.h.i.+ps hired from a Dutchman, and it appears from this letter of the watchful French minister that two others were being prepared for his service in Zeeland. For five years he had been at war with France. His allies--England, the Dutch, the Emperor--had made peace at Nymwegen in 1678. He was in danger of standing alone, and had made an armistice March 31, prolonged May 3.]

Copie of a Letter to M. Colbert from the Marquis de Segnelay about two Brandenbourg Privateers armed for the American Islands. 8 May 1679 N.S., received 9 May V.S.[2]

[Footnote 2: Veteri stilo, old style, then followed in England and Brandenburg. "Received" doubtless means received in England.]

Le Roy ayant este informe a la fin du mois pa.s.se que deux particuliers avoient fait depuis peu un armement dans les Portes de Zelande, et qu'ils en essoient partis avec deux Vaisseaux armez en guerre pour aller dans les Isles d'Amerique faire la guerre a ses Sujets sous la Commission de Monsieur l'Electeur de Brandenbourg, Sa Majeste fit partir pour les dites Isles M. le Comte d'Estrees avec une escadre de quatorze vaisseaux pour les prendre ou couler a fonds. Et comme il est porte par le 9me Article du traitte de suspension d'armez que vous aves signe le 3e de ce mois avec l'Amba.s.sadeur de ce Prince, que le comerce sera libre tant par eau que par terre, Sa Majeste veut que vous proposiez au dit Seigneur l'Amba.s.sadeur de donner ordre aux Capitaines des dites deux fregates de ne rien entreprendre au prejudice du dit Traitte contre les Va.s.seaux des Subjects de Sa Majeste. Et en ce cas Elle fera scavoir audit Seigneur Comte d'Estrees, que son intention est qu'il laisse la liberte aux dites deux fregates, de naviguer par tout ou bon leur semblera. J'attendray ce qu'il vous plaira de me faire scavoir sur ce sujet, pour en rendre compte a Sa Majeste, etc.

a ST. GERMAINE EN L'AYE le 8me May 1679.