We, Ralph Merry and Samuel Roberts, mariners, both of full age, Joyntly and Severally testify and make Oath That on the twenty sixth day of April last we belonged to a certain Sloope Called the _Fisher_ (whereof Robert Ingols was Commander), bound to Boston from Virginia, being laden with Tobacco, hides and other things. That a.s.soon as we arived within a few leagues off Cape Codd we met with a Ship of twenty eight guns called the _Wedaw_, which a.s.soon as they came near, haled us and Demanded from whence we came. We told 'em That we came from Virginia and were bound for Boston. Then they asked us whether the Master was Acquainted here, meaning (as we suppose) with the Coast.

Our Master Answered he knew it very well, Whereupon they Commanded our Master and Company to hoist out our boat, which we did, and then our Master and Mate went on board the said Ship. they, keeping our Master and Mate on board thereof, Sent four men Armed from thence on board of our Sloop, whereupon the said Ship stood away to the Northward and gave Orders to our Sloope to follow their Light, And being in the Night we lost Sight of said Ship And followed a Snowe light which was before in Company with her (which said Snow was a Prize the said Ship had taken off from the Capes of Virginia, as we were informed) untill the Snow was almost ash.o.a.r. then the said Snow came to an Anchor And Called to us to doe the same, which we Accordingly did, and lay there till about ten of the Clock the next day, being the twenty Seventh day of said month; then, the wind blowing off Sh.o.a.r, they Cutt their Cable and bid us make the best of our way after them to the Eastward, and About three leagues off the Cape they, taking out of our Sloope what they pleased, Commanded us to goe on board the said Snow. then they, Cutting our Mast off by the board, the hatches of our Sloope being open, left her afloat in the Sea, then makeing the best of their way to Menhagen[2] at the Eastward, where we arrived the twenty ninth of said April, where they stayed and waited for the aforesaid Ship _Wedaw_ Some time, but she came not, whereupon, thinking the Ship was lost, they fitted their Long boat and sent her down to Mentinacus,[3]

where they tooke a Sloope belonging to Colonel Minot,[4] one Shallop belonging to Capt. Lane,[5] and three Sc.o.o.ners. They brought the Sloop and Shallop and (as we are Informed) the Sailes and Compa.s.ses of the three Sc.o.o.ners to Menhagen, whereupon they manned the last mentioned Sloope with ten hands and soe went after Capt. Cars Sloope, lying at Peniquid,[6] which they alsoe took a little distance from said Peniquid, but finding the Mast and Bowspreat not Serviceable they left her there, and brought the Master thereof on board the Snow then at Menhagen aforesaid. In these ten mens absence Came into Menhagen two Shallops from Marblehead, which the Snow tooke and Caused 'em to come to an Anchor there, and sent the men therein togeather With us the Depon'ts to prison upon Menhagen Island, where we lay till they had fitted the Sloop of Collonel Minots aforesaid with what they thought fit from the Snow, and soe departed and left the Snow and all the rest behind,[7] and leaving us to our Libertyes ordered the Skipper of the Shallope to carry us to Marblehead which they accordingly did, where we arrived yesterday, being the tenth day of May Instant.

RALPH MERRY SAM'LL ROBERTS Attest: JOS. MARION, D. Secr'y.

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

[Footnote 2: Monhegan, a small island on the coast of Maine, off Pemaquid Point.]

[Footnote 3: Matinicus, a small island farther east, southward from Rockland.]

[Footnote 4: Stephen Minot of Boston.]

[Footnote 5: Capt. John Lane of Malden, son of a noted Indian-fighter.]

[Footnote 6: Pemaquid.]

[Footnote 7: A letter from Capt. John Lane, dated at Winter Harbor May 19, shows the continuance of operations: "This moment Came A young man from Spurwinke which wa.s.s Taken by A pirat sloop of Aboute ninty men with Eight guns which is now att an anker In Cape Elesebth Roade ...

they have Taken one sloop and one shallop which they keep with them".

Maine Hist. Soc., _Coll._, second ser., IX. 357.]

_112. Trial of Simon van Vorst and Others. [October], 1717._[1]

[Footnote 1: Suffolk Court Files, no. 10923; a fragment. The persons on trial were Simon van Vorst, born in New York, John Brown, born in Jamaica, Hendrick Quintor and Thomas Baker, both born in Holland, Peter Cornelius Hoof, born in Sweden (but the name is Dutch), John Shuan, a Frenchman, born in Nantes, and Thomas South, born in Boston, England. The trial began Oct. 18, 1717; all but South were condemned Oct. 22, and executed Nov. 15, "within flux and reflux of the sea."]

That one of the Prisoners asked the Depont. what he thought they were, to which Baker who stood by, said that the King had Given them a Commission to make their Fortune, and they were sworn to do it. After the pink was cast on sh.o.a.r they said they were in as bad a Condition then as before.

Alexander Mackonachy, late Cook of the Pink _Mary Anne_ of Dublin,[2]

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

[Footnote 2: See doc. no. 109.]

John Brett, Marriner, Testifyeth and Saith, That in the Month of June 1716 he was taken by two Pyrate Sloops, one Commanded by Capt. Samuel Bellamy and the other by Capt. Labous. They d.a.m.n'd the Depont. and bid him bring his Liquor on board. They Carryed him to the Island of Pynes, and he was detained a Prisoner by them there Eighteen days, During which time John Brown was as Active on board the Pyrate Sloop as the rest of the Company, he told a Prisoner then on board that he would hide him in the hold, and hinder him from Complaining against him, or telling his Story.

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

Moses Norman says that he knows Thomas Brown, and saw him in Company with the Pyrates belonging to Capt. Bellamy and Monsr. Lebous when the Depont. was taken with Capt. Brett in the Month of June 1716. That he was Carryed to the Isle of Pynes, and kept Prisoner Seventeen or Eighteen days, During all which time the sd Thomas Brown was very Active on board of Capt. Labous.

John Cole Saith That on the twenty seventh day of April last he saw the Prisoners now at the Barr, in Eastham, soon after they were Cast on sh.o.r.e, that they tarryed a short time at his house, and lookt very much Dejected and Cast down. they Enquired the way to Rhode Island, and made great hast from his house tho he asked them to tarry and refresh themselves.

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

After the aforenamed Witnesses were Examined, the Court in favour of the Prisoners by giving them time to make their Defence Adjournd till three a Clock post merediem.

The Court met about that time and the Prisoners were sent for and brought again to the Barr, when the President[3] Observed to them, that this Court had Given them time, till now, to make their own Defence, Then demanded what they had to say for themselves.

[Footnote 3: Governor Shute. The court consisted of the governor, William Dummer, lieutenant-governor, nine members of the council, John Menzies, vice-admiralty judge, the captain of H.M.S. _Squirrel_, then on the New England station, and the collector of the plantation duties at Boston. See doc. no. 201, note 1.]

Simon Van Vorst Alledged that he was forced by Capt. Bellamys Company to Do what he did, and would have mad known his Intentions to make his Escape from the Pyrates unto the Mate of the sd Pink, but that he understood by the Mates Discourse that he Inclined to be a Pyrate himself, and therefore he did not discover his mind to the Mate.

Thomas Brown pretended himself also to be a forced Man, but produced no Evidence to make it Appear to the Court.

Thomas South Alledged that he belonged to a Bristoll Ship[4] whereof one James Williams was Master, That he was taken by Capt. Bellamy and forced to tarry with him, otherwise was threatened to be put upon a Desolate Island where there was nothing to Support him.

[Footnote 4: The _St. Michael_.]

Thomas Baker Saith that he and Simon Van Vorst were both taken out of one Vessell, That he Attempted to make his Escape at Spanish Town,[5]

and the Governour of that place seemed to favour his Design, till Capt. Bellamy and his Company sent the Governour word that they would burn and destroy the Town, if that the sd Baker and those that Concealed themselves with him were not delivered up, And afterwards he would have made his Escape at Crabb Island[6] but was hindred by four of Capt. Bellamy Compa.

[Footnote 5: The old Spanish capital of Jamaica, founded in 1525 by Diego Columbus under the name of Santiago de la Vega.]

[Footnote 6: See doc. no. 72, note 5.]

Hendrick Quintor saith That he was taken by Capt. Bellamy and Monsr.

Labous; and they had Agreed to let him go to the Coast of Crocus[7] in the French Vessel which they took him in, But the Commander thereof soon after dyed and so Captn. Bellamy would not permit him to proceed the sd. Voyage and he was unavoidably forced to Continue among the Pyrates.

[Footnote 7: Caracas?]

Peter Cornelius Hoof Declares and Saith That he was taken by Capt.

Bellamy in a Vessel whereof John Cornelius was Master, That the sd.

Bellamys Company swore they would kill him unless he would Joyn with them in their unlawfull Designs.

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

The Evidence for the King being fully heard, and also the Pleas and Allegations made by the Prisoners at the Barr, His Majesty's Attorney General[8] in a very handsome and learned speech summed up the Evidence and made his Remarques upon the whole, and the Court was cleared, and the Evidence and pleadings thereupon against the Prisoners, with their Defences, having been duly considered, and the Question put,[9]

[Footnote 8: Paul Dudley, acting as king's advocate before the special commission appointed under the act of 11 and 12 Will. III. ch. 7. See doc. no. 104, note 1.]

[Footnote 9: Here this fragmentary record of the trial ends. On Oct.

22 Van Vorst, Brown, Quintor, Hoof, Shuan, and Baker were condemned and sentenced to death. Cotton Mather records in his _Diary_, II. 483, that on Nov. 2 he had obtained a reprieve, perhaps a pardon, for one who was more penitent and less guilty than the others (South or Davis?

but both had been acquitted). On Nov. 15 he records, II. 488, "Six pirates executed. I took a long and sad Walk with them, from the Prison to the Place of Execution", instructed them, and prayed with them. Before the end of the year he published _Instructions to the Living, from the Condition of the Dead, A Brief Relation of Remarkables in the Shipwreck of above One Hundred Pirates, Who were Cast away in the Ship Whido, on the Coast of New-England, April 26, 1717, And in the Death of Six, who after a Fair Trial at Boston, were Convicted and Condemned, Octob. 22, And Executed, Novemb. 15, 1717, With some Account of the Discourse had with them on the way to their Execution, And a Sermon preached on their Occasion_ (Boston, 1717). In the pamphlet _The Trials of Eight Persons_ we see Van Vorst and Baker, properly repentant, singing a Dutch psalm on their way to execution.]

_113. Trial of Thomas Davis. October 28, 1717._[1]

[Footnote 1: Suffolk Court Files, fragment 99. Davis was tried separately, on Oct. 28, and acquitted on Oct. 30.]

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

Owen Morris, Marriner, was first Examined upon Oath, Who solemnly Testifyed and Declared that he knew the Prisoner at the Barr, That he belonged to the Ship _St. Michael_, whereof James Williams was Master, and in the Month of September 1716 They left Bristol bound to Jamaica and in December following the said Ship was taken by two Pyrat Sloops, one comanded by Capt. Samuel Bellamy, and the other by Louis Le Boose, about Twenty Leagues off Sabia,[2] That they Gave the said Williams his Ship and Detained the Prisoner, because he was a Carpenter and a Singleman, together with Three others of the Ships Company. And further the Dep't Saith that the Prisoner was very Unwilling to goe with Bellamy and prevailed with him by reason of his Intreatys to promise that he should be Discharged the next Vessell that was taken, and afterwards the Dep't was again taken in the Ship _Whido_, Commanded by Capt. Prince, by the said Captain Bellamy, who was then Commander of the Ship _Sultana_, taken from Capt. Richards as the Dep't understood, and then he saw the Pris'r aboard the said Ship. At which time the Pris'r reminded the said Bellamy of his promise. When he asked him if he was willing to goe he answered, yes, and then the said Capt. Bellamy replyed if the Company would Consent he should go.

And thereupon he asked his Comp'y if they were willing to lett Davis the Carpenter go, Who Expressed themselves in a Violent manner saying no, Dam him, they would first shoot him or Whip him to Death at the Mast.

[Footnote 2: Saba; see doc. no. 108, note 5.]

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

[Footnote 3: He had been a shipmate of Davis on the _St. Michael_.]