Privateering and Piracy in the Colonial Period Part 43

Capt. John Brett, Marriner, Sworn, Saith that he was taken by Capt.

Samuel Bellamy before the s.h.i.+p _Sultania_ was taken from Capt.

Richards, and then it was the Custome among the Pyrates to force no Prisoners, but those that remained with them were Voluntiers.

Capt. Thomas Fox, sworn, saith that he was taken by the Pyrates in July last and Robb'd, and they Questioned him whether anything was done to the Pyrates in Boston Goall. The Depo't Answered he knew nothing about them, and in particular a Dutchman belonging to the Pyrate asked him about his Consort, a Dutch Man, in Boston Prison, and said that if the Prisoners Suffered they would Kill every Body they took belonging to New England.

Seth Smith, Prison keeper in Boston, sworn, Saith that when the Prisoner at the Barr was first brought to Goal his Illness hindered their talking together, But sometime after as they were discoursing the Depo't observed to the Prisoner that if he would be Ingenious and make a Confession he might save his Life and be a good Evidance against the other Pyrates in Prison, To which the Prisoner made answer that he was abused by Several of the Pyrates that were Drowned and was Glad he had got from them, but knew nothing against the Rest of the Pyrates in Prison.

Then the Kings Council moved the Court that Capt. Thomas Glyn, a Prisoner for Debt upon Execution, might be brought into Court to give Evidence on his Majestys behalf in this Tryal, Whereupon the Court directed the Sheriffs who have the keeping of his Majestys Goal to bring the said Glyn into Court.

Capt. Isaac Morris, Sworn, Saith That on the 14th of September 1716 he was taken by the Pyrates but knows nothing of Capt. Bellamy or his accomplices.

Capt. Thomas Glyn, being brought into Court by the Sheriffs and Interrogated upon Oath, Saith that he never knew the Prisoner.

_114. Memorial of Thomas Davis. 1717._[1]

[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. With this memorial we may connect a pa.s.sage in the pamphlet _Trials_: "Mr.

Valentine [counsel for Davis] moved, That an Affidavit under the firm seal of a Notary Publick in Great Britain, and in favour of the prisoner, should be read in open Court", but the request was denied, as contrary to the act of Parliament requiring all evidence respecting pirates to be given _viva voce_. Davis is recorded as a s.h.i.+pwright, aged 22, born in Carmarthens.h.i.+re, who "had used the sea these five years".]

Province of the Ma.s.sachusetts Bay. To His Excellency Samuel Shute, Esquire, Governour, and the Honourable His Majesties Council for the said Province.

The Memorial and humble Representation of Thomas Davis of Bristol in Great Britain, s.h.i.+pwright,

Sheweth, That in the month of September last past he sailed out of Bristol as Carpenter of the s.h.i.+p _St. Michael_, whereof James Williams was the Commander, bound for Jamaica, and on or about the sixteenth day of December following We met two Pyrate Sloops, One Commanded by Capt Samuel Bellame, and the other by Monsr. Louis Le Bou[s], who took the said s.h.i.+p about twenty Leagues off of Sabia and Carried us to the Island of Blanco, w[h]ere we were kept till the ninth day of January when your Memo. (with about fourteen more Prisoners taken by the said Pyrate Sloope) was forced on board the s.h.i.+p _Sultan Gally_, taken from Capt. John Richards, then under the said Bellames Command, And afterwards the said Bellame took another s.h.i.+p called the _Whiddo_, and your Memo., with the rest of the said s.h.i.+ps Compa., Came in her upon this Coast, where she was Cast away, as is very well known, and your Memo, (with one Jno. Julian[2]) only Escaped. And since his Imprisonm't he is Informed That some have Reported That your Memo. was several times on board the said s.h.i.+p after she was Cast away and knew where a considerable part of her Treasure was, and that he had Concealed some of it;[3] and many other things have been given out Concerning your Memo. very falsely, to the great prejudice of your Memo., Who is altogether Ignorant of what is Alledged against him, And hath already Discharged his Conscience by making a true and full Discovery of all he knows referring to the premises. But your Memo.

being a stranger was not Credited and therefore he had no better Fare than the Pyrates, being in Chains as well as they; Whereas he declares from his heart that he was forced along with them, very Contrary to his will and to his great grief and sorrow, and was no ways Active among them any further than he was Compelled.

[Footnote 2: So the ma.n.u.script reads, but it is doubtless an error for "Jno. Indian", which in the handwriting of that day would look much the same; we know that one Englishman and one Indian alone escaped, and in the printed _Trials_ it was testified that the pirates had "one Lambeth and one Indian born at Cape Cod for Pilots."]

[Footnote 3: See doc. no. 110.]

And forasmuch as your Memo. understands that the Pyrates in Prison suspect that he will make such discoverys as will not be pleasing to them, he is fearfull least they should hurt him, if not deprive him of life, to prevent his Testimony against them. Your Memo. therefore and for the Considerations before mentioned Humbly prays your Excellency and Honours will so far Indulge him as to free him from his Chains and Imprisonm't with the pyrates, and that he may have some Apartm't seperate from them, and that such other Relief may be Given to your poor pet'r (who is Innocent of what is laid to his Charge) as the matter will bear, and as to your Excellency and Honours in your great Moderation and Compa.s.sion shall seem meet.

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

THOMAS DAVIS.

_115. Pet.i.tion of William Davis. 1717._[1]

[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. There were several oral witnesses to Thomas Davis's good character.]

To His Excellency the Governour and Council

The humble Pet.i.tion of William Davis of Bristol Carpenter and Father of the said Thomas Davis,

Sheweth, That the said Thomas Davis from his youth up hath been a Dutiful and Obedient son, and his life and Deportm't has been always Regular and becoming as well as Peaceable, and your poor Pet'r prays your Excellency and Honours will Compa.s.sionate him and extend your Favour and Indulgence to his son as far as shall stand with your Wisdom and Clemency.

And your Pet'r shall pray, etc.

WILLIAM DAVIS.

Capt. John Gilbert, Marriner, belonging to Bristol, Testifyeth and saith That he well knew Thomas Davis (son of the abovenamed William Davis) for these seven or eight years last past, and that he has had a good Education in a Religious and Orderly Family, and his Conversation, Carriage and behavour all that while was very decent and becoming, and this Depon't has no reason to think but that he always lived a well ordered life, having never heard to the Contrary.

And further Saith not.

JNO. GILBERT.

PRIZE COURTS.

_116. Sir Henry Penrice to the Secretary of the Admiralty. November 29, 1718._[1]

[Footnote 1: Public Record Office, Admiralty 1:3669. This letter was apparently addressed to the secretary of the Admiralty, Josiah Burchett. Sir Henry Penrice was judge of the High Court of Admiralty from 1715 to 1751.]

_Sir_,

Since I had the Honour of your letter I have looked into the Registers Office,[2] and there find Copies of the Orders of Council, of Commissions for granting Letters of Mart, of Commissions for proceeding in Prize Courts, and of Warrants to the Judge of the High Court of Admiralty thereupon, in the years 1664, 1672, 1689 and 1702,[3] of which if you please you may have Copies if they will be of any service in the present Case.

[Footnote 2: The office of the register of the Admiralty.]

[Footnote 3: At the beginnings, respectively, of the Second Dutch War, the Third Dutch War, and the wars of William and of Anne against France.]

Now as to the Question proposed whether there is Occasion for any further power, to the severall Courts of Admiralty in the plantations, other Remote parts, or at home, to Try and Condemn such Prizes as may be Taken?

As far as I have observed during the course of the Wars with Holland, France and Spain, the High Court of Admiralty have proceeded in all Prize causes, by Virtue of Warrants from the Lord High Admiral or Commissioners for Executing that Office, in pursuance of Commissions under the Great Seal directed to them for that purpose;[4] and Commissioners were appointed at the severall Plantations to take the Examinations of Witnesses in preparatory and to transmit them hither, together with the s.h.i.+ps papers, and in case the s.h.i.+p and Goods were perishable they had a Power to Appraise and sell, and keep the produce in their hands, till after Sentence, that the Merchants might have time, and be at a Certainty, where to enter their Claims.

[Footnote 4: Such a commission (1748) is printed in Marsden, _Law and Custom of the Sea_, II. 297, and (1756) in Stokes, _View of the Const.i.tution of the American Colonies_, p. 278.]

But after the American Act, the Vice-Admiralty Courts in the Plantations, by Authority thereof,[5] proceeded in Prize Causes, which I conceive they had no right to do before; and that power being during the late War only, by Virtue of that Act, I presume it is now determined. Therefore upon a Grant of new Powers, I must humbly submit it to their Lords.h.i.+ps Consideration, whether it may be for the Honour and Service of his Majesty, to permit the Vice-Admiralty Courts in the Plantations to proceed in Prize Causes, since it is much to be feared they are not well versed in the Laws of Nations, and Treaties between Us and other States; and it is well known that they do not proceed in that Regular Manner as is practised in His Majesties High Court of Admiralty; besides it will be a Considerable Time before Orders from their Lords.h.i.+ps upon any Emergency can reach the Vice Admiralty Courts in the plantations, for want of which great Inconveniences may arise; whereas the Admiralty Court here is under their Lords.h.i.+ps Eye and Immediate direction, and always ready to observe such Instructions as the Nature of affairs shall require.

[Footnote 5: 6 Anne ch. 37, "An Act for the Encouragement of the Trade to America" (1707), sect. 2.]

But this is most humbly submitted to Their Lords.h.i.+ps great Wisdom, by, Sir,

Your most humble servant

H. PENRICE.

DOCTORS COMMONS, November 29, 1718.

PIRACY OF BARTHOLOMEW ROBERTS.