 CHAPTER XIII, PART ONE OF THE GENERAL HISTORY OF THE PIRATES, VOLUME 1. CAPTAIN EDWARD LOWE AND HIS CREW Edward Lowe was born in Westminster and had his education there, such as it was, for he could neither write or read. Nature seemed to have designed him for a pirate from his childhood, for very early he began the trade of plundering, and was wont to raise contributions among all the boys of Westminster, and if any were bold enough to refuse it, a battle was the consequence. But Lowe was so hardy, as well as bold, there was no getting the better of him, so that he robbed the youths of their farthings with impunity. When he grew bigger, he took to gaming in a low way, for it was commonly among the footmen in the lobby of the House of Commons, where he used to play the whole game, as they term it, that is, cheat all he could, and those who pretended to dispute it with him must fight him. The virtues of some of his family were equal to his. One of his brothers was a youth of genius, when he was but seven years old. He used to be carried in a basket upon a porter's back into a crowd, and snatch hats and wigs. According to the exact chronology of Newgate, he was the first who practiced this ingenious trick. After this he applied himself to picking of pockets. When he increased in strength, he attempted greater things, such as house breaking and company. But after he had run a short race, he had the misfortune of ending his days at Tibern, in company with Stephen Bunce and the celebrated Jack Hall the chimney sweeper. But to return to Ned. When he came to man's estate, at his eldest brother's desire, he went to see with him, and so continued three or four years, and then parted. And Ned worked in a rigging house in Boston in New England for a while. About six years ago he took a trip home to England to see his mother, who is yet living. His stay was not long here, but taking leave of his friends and acquaintance for the last time, he should see them. For so he was pleased to say. He returned to Boston and worked a year or two longer at the rigging business. But being too apt to disagree with his masters, he left them and shipped himself in a sloop that was bound to the Bay of Honduras. When the sloop arrived in the bay, Ned Lowe was appointed patron of the boat, which was employed in cutting of logwood, and bringing it aboard to lay the ship, for that is the commodity they make the voyage for. In the boat were twelve men besides Lowe who all go armed because of the Spaniards, from whom this logwood is but little better than stole. It happened that the boat one day came aboard just before dinner was ready, and Lowe desired that they might stay and dine. But the captain, being in a hurry for his lading, ordered them a bottle of rum and to take the other trip, because no time should be lost. This provoked the boat's crew, but particularly Lowe, who takes up a loaded musket and fires at the captain, but missing him, shot another poor fellow through the head, then put off the boat and with his twelve companions goes to sea. The next day they took a small vessel and go in her, make a black flag, and declare war against all the world. They then proceeded to the island of the Grand Caimans, intending to have fitted up their small vessel and prepare themselves as well as their circumstances were permit for their honorable employment. But falling in company with George Lowe there, another pirate there, who paying his compliments to Lowe, as great folks do to one another when they meet, and offering himself as an ally, Lowe accepted of the terms, and so the treaty was presently signed without plenipose or any other formalities. We have already given an account of their joint piracies under Lowe Thur as chief commander till the 28th of May 1722, when they took a brigantine of Boston bound thither from St. Christopher's, at which time they parted, and Edward Lowe went into the brigantine with forty or others, who chose him their captain. They took with them two guns, four swivels, six quarter casks of powder, provisions and some stores, and so left Lowe there to prosecute his adventures with the men he had left. Their first adventure in the brigantine was on Sunday the third day of June, when they took a vessel belonging to Amboy, John Hans, master, whom he rifled of his provisions and let go. The same day he met with a sloop, James Calcoun, master, off of Rhode Island, bound into that port, whom he first plundered and then cut away his bolt-sprit and all his rigging, also his sails from the yards, and wounded the master to prevent his getting in to give intelligence, and then stood away to southeastward with all the sail he could make, there being but little wind. Lowe judged right in making sail from the coast, for a longer stay had proved fatal to him. For notwithstanding the disabled condition he had rendered the sloop in, she made shift to get into Block Island, at twelve o'clock that night, and immediately dispatched a whaleboat to Rhode Island which got thither by seven the next morning, with an account of the pirate, his force, and what had happened to him. As soon as the governor had received this information he ordered a drum to beat up for volunteers, and two of the best sloops then in the harbor, to be fitted out. He gave commissions to one Captain John Hedland and Captain John Brown for ten days. The former had eight guns and two swivels, and the latter six guns, well fitted with small arms, and, in both sloops, one hundred and forty stout fellows. All this was performed with so much expedition that before sunset they were under sail, turning out of the harbor at the same time the pirate was seen from Block Island, which gave great hopes that the sloops would be masters of her the next day, which however did not happen, for the sloops returned into harbor some days afterwards without so much as seeing their enemy. After this escape Captain Lowe went into port upon the coast, for he had not fresh water enough to run to the islands, where he stayed a few days getting provisions in what necessaries the crew wanted, and then sailed for purchase, as they call it, steering their course towards Marblehead. About the twelfth of July the Brigantine sailed into the harbor of Port Rosemary, and there found thirteen ships and vessels, but none of force at anchor. They spread their black flag and ran in among them, Lowe telling them from the Brigantine they should have no quarters if they resisted. In the meantime they manned and armed their boat, and took possession of every one of them, plundered them of what they thought fit, and conferred one to their own use, via a schooner of eighty tons, a board of which they put ten carriage guns and fifty men, and Lowe himself went Captain, and named her the Fancy, making one Charles Harris, who was at first forced into their service out of the Greyhound of Boston by Lother, of which ship Harris was second mate, Captain of the Brigantine. Out of these vessels they took several hands and increased the company to eighty men, who all signed the articles, some willing, and a few perhaps by force, and so sailed away from Marblehead. Some time after this they met with two sloops bound for Boston with provisions for the garrison, and the schooner coming up first attacked them, but they're happening to be an officer and some soldiers on board, who gave them a warm reception. Lowe chose to stay till he should be joined by the Brigantine. In the meanwhile the sloops made the best of their way, and the pirates gave them chase two days, and at last lost sight of them in a fog. They now steered for the leeward islands, but in their voyage met with such a hurricane of wind that the like had not been known. The sea ran mountains high, and seemed to threaten them every moment with destruction. It was no time now to look out for plunder but to save themselves, if possible, from perishing. All hands were continually employed night and day on board the Brigantine, and all little enough for the waves went over her, so that they were forced to keep the pump constantly going, besides bailing with buckets. But finding themselves not able to keep her free and seeing the utmost danger before their eyes they turned to the tackle, and hoisted out their provisions and other heavy goods, and threw them overboard, with six of their guns, so that by lightening the vessel she might rise to the top of the sea with the waves. They were also going to cut away their mast, but considering how dangerous it would be to be left in such a condition they resolved to delay it to the last, which was prudence in them to do. For a ship without mast or sails lies like a log upon the water, and if attacked must fight with disadvantage, the working of her being the most artful part of the engagement, because she may sometimes bring all her great guns on one side to bear on her enemy, when the disabled ship can do little or nothing. But to proceed, by throwing overboard their heavy goods the vessel made considerable less water and they could keep it under with the pump only, which gave them hopes and new life, so that instead of cutting all away, they took necessary measures to secure the mast, by making preventer shrouds and company, and then wore and lay too upon the other tack, till the storm was over. The schooner made somewhat better weather of it, of the two, but she was pretty roughly handled, notwithstanding, having split her mainsail, sprung her bolt-sprit, and cut her anchors from her bows. The brigantine, by running away to Leeward, when she wore upon the larbored tack, had lost sight of the schooner, but not knowing whether she might be safe or not, as soon as the wind abated, she set her mainsail and top-sail, and made short trips to windward, and the next day had the good fortune to come in sight of their consort, who, upon a signal, which the other knew, bore down to her, and the crew were overjoyed to meet again, after such ill treatment from the winds and seas. After the storm, Lowe got safe to a small island, one of the weathermost of the caribis, and there fitted their vessels, as well as the place could afford. They got provisions of the natives in exchange for goods of their own, and as soon as the brigantine was ready, it was judge necessary to take a short cruise and leave the schooner in the harbour till her return. The brigantine sailed out accordingly, and had not been out many days before they met a ship at sea, that had lost all her mast. On board of whom they went, and took her in money and goods to the value of one thousand pounds, and so left her in the condition they found her. This ship was bound home from Barbados, but losing her masts in the late storm was making for Antigua to refit, where afterward she arrived. The storm just spoken of was found to have done incredible damage in those parts of the world, but, however, it appeared to have been more violent at Jamaica, both to the island and shipping. There was such a prodigious swell of sea, that several hundred tons of stones and rocks were thrown over the wall of the town of Port Royal, and the town itself was overflowed, and above half destroyed, there being the next morning five foot water from one end to the other. The cannon of Fort Charles were dismounted and some washed into the sea, and four hundred people lost their lives. A more melancholy sight was scarce ever seen when the water ebbed away, all the streets being covered with ruins of houses, wrecks of vessels, and a great number of dead bodies. For forty sail of ships in the harbor were cast away. The burgantine returned to the island, where she had left the schooner, who, being ready to sail, it was put to the vote of the company, what voyage to take next. And herein they followed the advice of the captain, who thought it not advisable to go any farther to Leeward because of the men of war who were cruising in their several stations, which they were not at all fond of meeting, and therefore it was agreed to go to the Azores, or western islands. The latter end of July Lowe took a French ship of thirty-four guns and carried her along with him to the Azores. He came into St. Michael's Road, the third of August, and took seven sail that were lying there, the Nostradam, Merdiden, Captain Roach Commander, the Dove, Captain Cox, the Rose Pink, formerly of Man of War, Captain Thompson, another English ship, Captain Chandler, and three other vessels. He threatened all with present death who resisted, which struck such a terror to them that they yielded themselves up a prey to the villains without firing a gun. The pirates, being in great want of water and fresh provisions, Lowe sent to the Governor of St. Michael's for a supply and promised upon that condition to release the ships he had taken, but otherwise to burn them all, which demand the Governor thought it not prudent to refuse, but sent the provision he required, upon which he released six of the ships, after he had plundered of them what he thought fit, and the other, V. the Rose Pink, was made a pirate ship, which Lowe himself took command of. The pirates took several of the guns out of the French ship and mounted them aboard the Rose, which proved very fit for their turn, and condemned the former to the flames. They took all of the crew out of her, but the cook, who they said, being a greasy fellow, would fry well in the fire. So the poor man was bound to the main mast and burnt in the ship, to the no small diversion of Lowe and his mermidons. Lowe ordered the schooner to lie in the fair between St. Michael's and St. Mary's, where, about the 20th of August, Captain Carter in the right galley, had the ill fortune to come in her way, and because at first they showed inclination to defend themselves in what they had, the pirates cut and mangled them in a barbarous manner, particularly some Portuguese passengers, two of which being friars, they triced up at each arm of the four-yard, but let them down again before they were quite dead, and this they repeated several times out of sport. Another Portuguese, who was also Captain Carter's passenger, putting on a sorrowful countenance at what he saw acted, one of this vile crew attacked him upon the deck, saying he did not like his looks, and thereupon gave him a blow across his belly with his cut lash, that cut out his bowels, and he fell down dead without speaking a word. At the same time another of these rogues, cutting out a prisoner, missed his mark, and Captain Lowe, standing in the way, very opportunely received the stroke upon his under jaw, which laid the teeth bare. Upon this the surgeon was called, who immediately stitched up the wound, but Lowe finding fault with the operation, the surgeon being tolerably drunk, as it was customary for everybody to be, struck Lowe such a blow with his fist that broke out all the stitches, and then bid him sew up his chops himself and be damned, so that Lowe made a very pitiful figure for some time after. When they had plundered Captain Carter's ship, several of them were for burning her, as they had done the French man, but it was otherwise resolved at last, for after they had cut her cables, rigging, and sails to pieces, they left her to the mercy of the sea. After these depredations they steered for the islands of Madeira, where missing other booty they took up with a fishing boat, and with two old men and a boy in her, one of which they detained on board, but sent the other ashore with a flag of truce, demanding a boat of water of the governor, on pain of taking away the old man's life, whom they threatened to hang at the yard arm upon their refusal. But the thing being complied with, the old man was honorably, as the pirates say, discharged in all three much handsomer clothes than when they took them. From this island they sailed to the Canaries, but meeting with no prey there, they continued their course for the Cape de Verde Islands, and at Bonavista took a ship called the Liverpool Merchant, Captain Golding, from whom they stole a great quantity of provisions and dry goods, three hundred gallons of brandy, two guns and carriages, a mast, yard and housers, beside six of his men, and then would not let them trade there, nor at St. Nicholas, but obliged Captain Golding to go with his ship to the Isle of May. The pirate also took among these islands a ship belonging to Liverpool, Scott Commander, two Portuguese sloops bound for Brazil, a small English sloop trading there, James Pease Master, bound to Santa Cruz, and three sloops from St. Thomas bound to Curacao. The master's names were Lily, Staples, and Simkins, all which they plundered, and then let go about their business, except for one sloop which they fitted up for the following purpose. Lo had heard by one of the above mentioned ships that two small galleys were expected every day at the western islands, the Greyhound, Captain Glass, and the Joliff, Captain Erum. The former of which was designed to be fitted for the piratical trade to Brazil, if things happened to their minds. They manned the sloop and center in quest of one or both of these ships to the western islands aforesaid, while they careened their ship-rose at one of the Cape de Verdes. But now fortune that had hitherto been so propituous to them left her minions and baffled for the present all their hopes. For the sloop missing of their prey was reduced to great necessities for want of provisions and water. So they ventured to go ashore at St. Michael's for a supply and pass for a trader. But they played their part so awkwardly that they were suspected by the governor to be what they really were, and he soon was put out of doubt by a visit some Portuguese made them, who happened unluckily to be the passengers in Captain Carter's ship when Lo took her and knew the gentleman's face is very well. On which the whole crew was conducted into the castle, where they were provided for as long as they lived. Lo in the meantime did not fare quite so ill, but had his intended voyage to Brazil spoiled by the over-settling of his ship when she was upon the Corine, whereby she was lost so that he was reduced to his old schooner, which he called the fancy, a board of which they all went to the number of one hundred as vile rogues as ever ended their lives at Tibern. They proceeded now to the West Indies, but before they had gotten far on their voyage they attacked a rich Portuguese ship, called the Nostra Senhora de Victoria, bound home from Bahia, and after some resistance took her. Lo tortured several of the men to make them declare where the money, which he supposed they had on board, lay, and extorted by that means a confession that the captain had during the chase hung out of the cabin window a bag with eleven thousand more doors, which as soon as he was taken he cut the rope off and let drop into the sea. Lo upon hearing what a prize had escaped him raved like a fury, swore a thousand oaths and ordered the captain's lips to be cut off, which he broiled before his face, and afterwards mirthred him and all the crew, being thirty-two persons. After this bloody action they continued their course till they came to the northward of all the islands, and there they cruised for about a month in which time they made prizes of the following vessels, v. a snow from New York to Curacao, Robert Leonard master, a sloop from the bay, bound to New York, Craig master, a snow from London and Jamaica, bound to New York, and the Stanhope pink, Andrew Delbridge master, from Jamaica to Boston, which last they burnt because of Lo's irreconcilable aversion to New England men. End of Chapter 13, Part 1. Chapter 13, Part 2 of A General History of the Pirates, Volume 1. This is a LibriVox recording. All LibriVox recordings are in the public domain. For more information or to volunteer, please visit LibriVox.org. Chapter 13, Part 2 of A General History of the Pirates, Volume 1, by Charles Johnson. After this cruise, they went into one of the islands and cleaned, and then steered for the Bay of Honduras, where they arrived about the middle of March 1722-3, and met a sloop turning out of the sed bay. The pirates had hoisted up Spanish colors and continued them till they drew near the sloop. Then they hauled them down, hoisted their black flag, fired a broadside, and boarded her. This sloop was a spaniard of six guns and seventy men that came into the bay that morning, and meeting there with five English sloops and a pink, made prizes of them all, plundered them, and brought the masters of the vessels away, prisoners, for the ransom of the logwood. Their names were Tuthill, Norton, Newberry, Sprayfort, Clark, and Parrot. The spaniards made no resistance, so that the English pirates soon became their masters, and fell to rifling. But finding the above-mentioned people in the hold, and several English goods, they consulted low the captain thereupon, and without examining any further the resolution passed to kill all the company, and the pirates, without any ceremony, fell pell-mell to execution with their swords, cutlashes, pole-axes, and pistols, cutting, slashing, and shooting the poor spaniards at a sad rate. Some of the miserable creatures jumped down into the hold, but could not avoid the massacre. They met death everywhere, for if they escaped it from one hand, they were sure to perish by another. The only prospect they had of life was to fly from the rage of those merciless men, and to trust the more merciful sea. And accordingly a great many leaped overboard and swam for the shore. But low, perceiving it, ordered the Kenoa to be manned and sent in pursuit of them, by which several of the poor unhappy men were knocked in the head in the water, as they were endeavoring to get to land. However, about twelve of them did reach the shore, but in a miserable condition, being very much wounded, and what became of them afterwards was not known, except one, who while the pirates were at their sports and pastimes ashore, finding himself very weak and fainting with his wounds, and not knowing where to go for help and relief, in this extremity he came back to them and begged, for God's sakes, in the most earnest manner possible, that they would give him quarters. Upon which one of the villains took hold of him and said, God damn him, he would give him good quarters presently, and made the poor Spaniard kneel down on his knees, then taking his fusel, put the muzzle of it in his mouth, and fired down his throat. Twas thought the rest did not survive their miserable condition, and could only prolong their lives to add to the misery of them. When the murdering work was over, they rummaged the Spanish pirate and brought all the booty aboard their own vessels. The six masters aforementioned, found in the hold, they restored to their respective vessels. They forced away the carpenter from the pink, and then set fire to the Spanish sloop and burnt her, which last scene concluded the destruction of their enemy, ship, and crew. Though set the masters of the vessels free, but would not suffer them to steer for Jamaica, where they were then bound, for fear the men of war should get intelligence of them, but forced them all to go to New York, threatening them with death, when they met them again, if they refused to comply with their demands. In the next cruise, which was between the Leeward Islands and the Maine, they took two snows, bound from Jamaica to Liverpool, and a snow from Jamaica to London, Brids, Master, as also a ship from Bidford to Jamaica, John Pinkham Commander, and two sloops from Jamaica to Virginia. On the 27th of May, Lo and his consort, Harris, came off South Carolina and met with three good ships, the Crown, Captain Loverain, the King William, the Carteray, and a Brigantine, who all came out of Carolina together two days before. The pirates were at the trouble of chasing them, and Captain Loverain, being the sternmost, she fell a prey into their hands, and they spent all the day in coming up with the rest. Within a few days they took a ship called the Amsterdam, merchant, Captain Willard, from Jamaica, but belonging to New England, as lo that none of that country, depart without some marks of his rage, he cut off this gentleman's ears, slid up his nose, and cut him in several places of his body, and, after plundering the ship, let him pursue his voyage. After this he took a sloop bound to Amboy, William Frazier Master, with whom Mr. Lo happening to be displeased, he ordered lighted matches to be tied between the men's fingers, which burnt all the flesh off the bones. He then cut them in several parts of their bodies, with knives and cutlashes, afterwards took all their provisions away, and set some of them ashore in an uninhabited part of the country. The Kingston, Captain Estwick, another ship, one Burrington Master, two brigantines from Carolina to London, a sloop from Virginia to Bermuda's, a ship from Glasgow to Virginia, a schooner from New York to South Carolina, a pink from Virginia to Dartmouth, and a sloop from Philadelphia to Suriname fell a prey to these villains upon this cruise, besides those above mentioned. It happened that at this time one of his majesty's ships was upon a cruise on this station, and got intelligence of some of the mischievous actions of this miscreant by one of the vessels that had been plundered by him, whose steering as directed came inside of the pirates by break of day, on the 10th of June, of all days in the year. The rovers looking out for prey soon saw and gave chase to the man of war, which was called the Greyhound, a ship of 120 men, rather inferior in force to the two pirate vessels. The Greyhound finding them so eager was in no doubt what they should be, and therefore tacked and stood from them, giving the pirates an opportunity to chase her for two hours, till all things were in readiness for an engagement, and the pirates about gun shot off. Then the Greyhound tacked again and stood towards the two ships, one of them called the fancy, commanded by Lowe himself and the other, the Ranger, commanded by Harris, both which hoisted their piratical colors and fired each a gun. When the Greyhound came within musket shot, she hauled up her mainsail and clapped close upon a wind, to keep the pirates from running to Leeward, and then engaged. But when the rogues found who they had to deal with, they edged away under the man of war's stern, and the Greyhound, after them, they made a running fight for about two hours. But little wind happening, the sloops gained from her, by the help of their oars, upon which the Greyhound let off firing and turned all hands to her own oars, and at three in the afternoon came up with them. The pirates hauled upon a wind to receive the man of war, and the fight was immediately renewed, with a brisk fire on both sides till the Ranger's main yard was shot down, and the Greyhound, pressing close upon the disabled sloop, low in the other, thought fit to bear away and leave his consort a sacrifice to his enemy, who, seeing the cowardice and treachery of his Commodore and the leader, having ten or twelve men killed and wounded, and that there was no possibility of escaping, called out for quarters and surrendered themselves to justice, which proved severe enough to them a while afterwards. The conduct of low sloop was surprising in this adventure, because his reputed courage and boldness had hitherto so possessed the minds of all people that he became a terror, even to his own men. But his behavior throughout this whole action showed him to be a base cowardly villain, for had low sloop fought half so briskly as Harris's had done, as they were under a solemn oath to do, the man of war, in my opinion, could never have herded them. The Greyhound carried in their prize to Rhode Island to the great joy of the whole province, though it had been more complete if the great low himself had graced the triumph. The prisoners were strongly secured in a gale, till a court of vice admiralty could be held for their trials, which begun on the 10th of July at Newport and continued three days. The court was made up of the following gentlemen. William Dummer, Esquire, Lieutenant Governor of the Massachusetts President, Nathaniel Payne Esquire, Addington Davenport Esquire, Thomas Fitch Esquire, Spencer Phipps Esquire, John Lechmere Esquire Surveyor General, John Valentine Esquire Advocate General, Samuel Cranston Governor of Rhode Island, John Menzies Esquire Judge of the Admiralty, Richard Ward Esquire Register, Mr. Jaleel Brinton, Provost Marshall Robert Okmuda Esquire was assigned by the court counsel for the prisoners here under mentioned. Prisoner's Names, Ages, Place of Birth Charles Harris, Captain, 25, London William Bladds, 28, Rhode Island Daniel Hyde, 23, Virginia 21, Connecticut, New England Stephen Mundan, 20, London Thomas Huggett, 30, London William Reed, 35, London, Derry, Ireland Peter Nieves, 32, Exeter, in Devon James Brinkley, 28, Suffolk, in England Joseph Sound, 28, City of Westminster Edward Eaton, 38, Wrexham, in Wales John Brown, 29, County of Durham Edward Lawson, 20, Isle of Man Owen Rice, 27, South Wales John Tompkins, 23, Glistershire John Fitzgerald, 21, Limerick, in Ireland Abraham Lacey, 21, Devonshire Francis Layton, 39, New York John Waters, quartermaster 35, County of Devon William Jones, 28, London Charles Church, 21, St. Margaret's, Westminster Thomas Hazel, 50, John Bright, 25 These 25 were found guilty and executed the 19th of July, 1723 at Newport in Rhode Island John Brown, 17, Liverpool Patrick Cunningham, 25 John Wilson, 23, New London County Henry Barnes, 22, Barbados Thomas Jones, 17, Fleur, in Wales Joseph Switzer, 24, Boston, in New England Thomas Mumper, Indian Mathers Vineyard, New England John Hinsher, Doctor, 22, near Edinburgh, Scotland John Fletcher, 17, Thomas Child, 15 These 8 were found not guilty The destroying this pirate was looked upon by the Provence to be of such signal service to the public and particular advantage to the colony of New York It was thought necessary to make some handsome acknowledgement to Captain Peter's soul-guard for it, and therefore it was resolved in an assembly of the Common Council to complement him with the freedom of their corporation The resolution, together with the preamble of the Captain's freedom being curious and their kind, I subjoined them for the satisfaction of the reader Resolution of the Mayor and Common Council of the City of New York at a Common Council held at the City Hall of said city on Thursday, the 25th of July, Anno Domini, 1723 Present, Robert Walter, Esquire Mayor, City of New York This court having taken into their consideration the great service lately done to this province in particular as well to all his other Majesty's good subjects in general by Captain Peter Soulguard, commander of his Majesty's ship, the Greyhound, the station ship of the province who lately in a cruise upon this coast in due execution and discharge of his duty, upon intelligence given him, sought for, pursued, and engaged two pirate sloops commanded by one low, a notorious and inhumane pirate one of which sloops he took after a resolute resistance and very much shattered the other who, by the favor of night, escaped 26 of which pirates, so taken, being lately executed at Rhode Island, not only eased the city and province of a very great trouble, but of a very considerable expense etc. It is therefore resolved, ne mine contradicente that this corporation do present the said Captain Soulguard with the freedom of this corporation as a mark of the great esteem they have for his person as well as for the aforesaid great and good services, and that the seal of the said freedom be enclosed in a gold box that Mr. Recorder and Mr. Bickley do draw the draft of the said freedom, signifying therein the grateful sense of this corporation for so signalous service to the public and benefit and advantage of mankind, that Alderman Kipp and Alderman Kruger do prepare the said box that the arms of the corporation be engraved on one side thereof, and a representation of the engagement on the other with this motto, the Quasitos Humani Generos Hostes del Bar Superbum 10 June 1723, that the town clerk caused the same freedom to be handsomely engrossed on parchment, and that the whole corporation do wait upon him to present the same by order of the common counsel, William Sharpe's clerk The preamble of Captain Peter Soulguard's copy of his freedom, Robert Walter Esquire Mayor and the Alderman of the city of New York City of New York To all whom these persons shall come send greeting, whereas Captain Peter Soulguard, commander of his majesty ship the Greyhound the present station ship of this province, in his cruise having intelligence of two pirate's loops of considerable force in consort ship under the command of one low, a notorious pirate, that had for upward of two years committed many depredations murders and barbarities upon many of his majesty's subjects and allies, lately come upon this coast half, with great diligence and utmost application, pursued overtaken and after a stubborn resistance vanquished and overcome both of them, taking one and driving the other from our coast which action as it is glorious in itself, so it is glorious in the public benefits and advantages that slow from it to wit, the safety and freedom of our own trade and commerce and of all the neighboring provinces on this continent, such signal service done against the enemies of mankind merits the applause of all good men, but more immediately from those of this province who are appointed his particular care and charge, we therefore, the mayor, Alderman and commonality of the city of New York assembled in common council to express our grateful sense and acknowledgement to the said Captain Peter Solgard for so noble and faithful a discharge of his duty, and as a particular mark of the great esteem and just regard, we bear to his kind acceptance of the freedom of the corporation of the city of New York and that he will please to become a fellow citizen with us. These are therefore to certify and declare, the said Captain Peter Solgard is hereby admitted, received and allowed a free citizen and citizen of the said city of New York to have, hold, enjoy and partake of all and singular advantages, benefits, liberties, privileges, franchises, freedoms and immunities whatsoever granted or belonging to the same city. In testimony thereof, the said Mayor Hath hereon too subscribed his name and caused the seal of the said city to be affixed the 25th day of July in the ninth year of the reign of our sovereign Lord George by the grace of God, King of Great Britain, France and Ireland, Defender of the Faith, etc. Anno Domini, 1723 William Sharpus Clerk, R. Walter Mayer. This narrow escape of low in his companions, one would have thought might have brought them to a little consideration of their black and horrid crimes, and to look upon this interval as an opportunity put into their hands by Providence to reconcile themselves to God by a hearty and sincere repentance, but alas they were dead to all goodness and had not so much as one spark of virtue to stir them up to be thankful for such an eminent deliverance. But instead thereof vented a million of oaths and curses upon the captain of the Greyhound, vowing to execute vengeance upon all they should meet with afterwards for the indignity he put upon them. The first pray that they met with their flight was a small sloop belonging to Nantucket, a whale fishing about eighty miles from land, the master of which one Nathan Skiff, a brisk young fellow, the pirates cruelly whipped naked about the deck making his torture their sport after which they cut off his ears and last of all shot him through the head, and then sunk his vessel, putting the rest of the hands into their whale boat with a compass, a little water, and a few biscuits and at being good weather they providentially got safe to Nantucket beyond all expectation. There was another whale boat belonging to this sloop, last mention, which happened to be at some distance from her, and perceiving what was doing rode with all speed to another sloop not far off to acquaint her with the misfortune that the men might take care of themselves, and she happily got away in time. Some days after Lo took a fishing boat off of Block Island, but did not perpetrate so much cruelty to her contenting himself with only cutting off the master's head, but after taking two whale boats near Rhode Island he caused one of the master's bodies to be ripped up and his entrails to be taken out, and cut off the ears of the other and made him eat them with pepper and salt which hardened junction he complied with without making a word. Several other persons he would have mirthred, but with humanity prevailing in the tender hearts of his companions they refused to put his savage orders in execution. From the coast of New England Lo sailed directly for Newfoundland, and, near Cape Britain, took two or three and twenty French vessels, and one of them of 22 guns he manned with pirates, making a sort of man of war of her, with which he scoured the harbors and banks of Newfoundland, and they took sixteen or eighteen other ships and vessels, all which they plundered and some destroyed. Thus these inhumane wretches went on. Who could not be contented to satisfy their avarice only, and travel in the common road of wickedness? But, like their patron, the devil, must make mischief their sport, cruelty their delight, and damning of souls their constant employment. Of all the piratical crews that were ever heard of, none of the English name came up to this in barbarity. Their mirth and their anger had much the same effect, for both were usually gratified with the cries and groans of their prisoners, so that they almost as often mirthred a man from the excess of good humor as out of passion and resentment, and the unfortunate could never be assured of safety from them, for danger lurked in their very smiles. An instance of this had likened to have happened to one Captain Graves, master of a Virginia ship last taken. For as soon as the pirate Lo takes a bowl of punch in his hand and drinks to him, saying, Captain Graves, here's half this to you. But the poor gentleman, being too sensibly touched at the misfortune of falling into his hands, modestly desired to be excused, for that he could not drink. Whereupon Lo draws out a pistol, cocks it, and with the bowl in the other hand, told him he should either take one or the other. So Graves, without hesitation, made choice of the vehicle that contained the punch, and guaddled down about a court when he had the least inclination that he had ever in his life to be merry. The latter end of July, 1723, Lo took a large ship called the Merry Christmas, and fitted her for a pirate. Cut several ports in her and mounted her with thirty-four guns. Lo goes aboard of this ship, assumes the title of Admiral, and hoists a black flag with the figure of death in red at the main top-mast head and takes another voyage to the western islands, where he arrived at the beginning of September. The first vessel he met with there was a brigantine, formerly an English sloop, commanded by Elias Wilde, but lately bought by a Portuguese nobleman and altered. She was manned partly with English and partly Portuguese. The latter Lo caused to be hanged by a way of reprisal for some of his own men sent thither in a sloop from the Cape de Verde Islands, as has been mentioned. The English men he thrust into their own boat to shift for themselves and set fire to the vessel. At St. Michael's they sent in their boats and cut out of the road a new London-built ship of fourteen guns commanded by Captain Thompson, who was taken there the year before by Lo in the Rose Pink. The boats had fewer men than the ship, and Captain Thompson would have defended himself, but his men, through cowardice or too great an inclination of becoming pirates themselves, refused to stand by him, and he was obliged to surrender, and when he came aboard the pirate had his ears cut off close to his head for only proposing to resist Admiral Lo's black flag. They gave him one of his own boats and burnt his ship. The next was a Portuguese bark that fell into their hands, whose name came off somewhat better than usual, for they only cut them with their cut lashes out of wantonness and turned them all into their boat and set their vessel on fire. When the boat was going from the side of the ship, one of Lo's men, who we may suppose was forced into his gang, was drinking with a silvered tankard at one of the ports, and took his opportunity to drop into the boat among the Portuguese and lie down in the bottom in order to escape along with him. After he had stowed himself in the boat so as not to be seen, it came into his head that the tankard might prove of some use to him, where he was going, so he got up again, laid hold of the utensil, and went off, without being discovered in which attempt had he failed, no doubt his life, if not the lives of all the people in the boat would have paid for it. The name of this man is Richard Haynes. Lo took his old tour to the Canaries, Cape Divert Islands, and so to the coast of Guinea, but nothing extraordinary happened till they arrived near Sierra Leone in Africa, where they met with a ship called the Delight, Captain Hunt Commander. This ship they thought fit for their own purpose, for she had been a small man of war and carried twelve guns. However, they mounted sixteen on board her, manned her with sixty men, and appointed one Spreggs, who was then their quartermaster, to be captain of her, who, two days after, separated from the admiral, and went to the West Indies a pirating, upon his own, and particular company's account, where for the present we shall leave him. In January last Lo took a ship called the Squirrel, Captain Stevenson, but what became of him afterwards I can't tell. We have had no news concerning him come to England, since this I have now mentioned. But I have heard that he talked of going to Brazil, and if so it is likely we may too soon hear of some exploit or other, though the best information we could receive would be that he and all his crew were at the bottom of the sea. End of Chapter 13 Part 2 Recording by Kathleen Nelson, Austin, Texas, May 2010. Chapter 14 of the General History of the Pirates, Volume 1 This is a LibriVox recording. All LibriVox recordings are in the public domain. For more information or to volunteer, please visit LibriVox.org. Recording by Kate McKenzie. The General History of the Pirates, Volume 1 by Charles Johnson. Chapter 14 of Captain John Evans and his crew John Evans was a Welshman, had been formerly master of a sloop belonging to Nevis, but losing his employ there he sailed for some time out of Jamaica as mate, till happening in company of three or four of his comrades, and wages not being so good as formerly and births scarce because of the great number of seamen, they agreed to go abroad in search of adventures. They sailed, or rather rode, out of Port Royal in Jamaica, the latter end of September 1722 in a canoe, and coming on the north side of the island went ashore in the night, broke open a house or two, and robbed them of some money, and everything else they could find that was portable, and brought the booty on board the canoe. This was very well for the first time, but this kind of robbery did not please so well. They wanted to get out to sea, but having no vessel but their canoe, they were prevented in their laudable design. However, they kept a good look out and traversed the island in expectation that Providence would send some unfortunate vessel as a sacrifice, and in a few days their wishes were accomplished. For at Duns Hall they found a small sloop at an anchor belonging to Bermuders. They made bold and went aboard, and Evans informed the folks that belonged to her that he was captain of the vessel, which was a piece of news they knew not before. After they had put their affairs in a proper disposition aboard, they went ashore to a little village for refreshments and lived jovially the remaining part of the day at a tavern, spending three pistols, and then departed. The people of the house admired at the merry guests they had got were mightily pleased and wished for their company at another time, which happened too soon for their profit, for in the middle of the night they came ashore all hands, rifled the house, and carried what they could aboard their sloop. The next day they weighed in the sloop, aboard of which they mounted four guns, called her the scourer, and sailed to Hispaniola. On the north part of which island they took a Spanish sloop, which proved an extraordinary rich prize, as it fell among so few persons as this company consisted of, for they shared upwards of a hundred and fifty pounds a man. In pursuance of the game, and beating up for the windward islands, the scourer met with a ship from New England, bound to Jamaica, one hundred and twenty tons, called the Dove, Captain Diamond Master, off Puerto Rico. They plundered her, and strengthened their own company, by taking out the mate and two or three other men. They discharged the prize, and run into one of the islands for fresh water and necessaries, and stayed there some time. The next prize they made was the Lucretia and Catherine, Captain Mills, of two hundred ton bertha. They came up with her near the island Desada, January eleventh. Upon seizing of this ship, the pirates began to take upon themselves the distribution of justice, examining the men concerning their master's usage of them, according to the custom of other pirates. But the captain, overhearing the matter, put an end to the judicial proceedings, and fell to rummaging the ship, saying to them, What have we to do to turn reform as to his money we want? And speaking to the prisoners, he asked them, Does your captain give you victuals enough? And they answering in the affirmative. Why then, said he, he ought to give you work enough. After the taking of this prize, they went to the little island of Avis, with a design to clean and carried the Lucretia along with them, in order to heave down the scourer by her. But, meeting there with the sloop, the pirate gave chase till the evening, when she was within gunshot of her, but, fearing to lose company with the Lucretia, who was a heavy sailor, they left off and saw her no more. This chase brought them to Leewood of their port, so that they were obliged to look out for another place of retreat. In the island of Ruby, not being far distant, they steered for that, and anchored there accordingly. But the next day a Dutch sloop, coming as it were into their mouths, they could not forebear dealing, and so making her their prize, they plundered her of what came, when shared, to fifty pounds a man. They found this sloop more for their purpose than the Lucretia, to clean their own sloop by, as being much lower in the west, and therefore capable of heaving her bottom farther out of the water, so she was discharged, and the Dutchman kept in her room. But, not thinking it convenient to lay up here, for fear of discovery should be made, they turned their thoughts another way, and steered to the coast of Jamaica, where they took a sugar-drover, and then run to the Grand Caymans. About thirty leagues to Leewood of Jamaica, it was their intention to clean there, but an unhappy accident put an end to their piracies, which hitherto had proved very successful to them. The boat-swaying of the pirate being a noisy, surly fellow, the captain had at several times words with him, relating to his behaviour, who, thinking himself ill-treated, not only returned ill-language, but also challenged the captain to fight him on the next shore they came to, with pistols and sword, as is the custom among these outlaws. When the sloop arrived, as above mentioned, the captain proposed the duel, but the cowardly boat-swaying refused to fight or go ashore, though it was his own challenge. When Captain Evans saw there was nothing to be done with him, he took his cane and gave him a hearty drumming, but the boat-swaying not being able to bear such an indignity drew out a pistol and shot Evans through the head, so that he fell down dead. And the boat-swaying immediately jumped overboard, and swam towards the shore, but the boat was quickly manned and sent after him, which took him up and brought him aboard. The death of the captain in that manner provoked all the crew, and they resolved the criminal should die by the most exquisite tortures, but while they were considering of the punishment, the gunner transported with passion, discharged a pistol and shot him through the body, but not killing him outright, the delinquent in very moving words, desired a week for repentance only, but another stepping up to him told him that he should repent and be damned to him, and without more ado, shot him dead. I should have observed that when the Lucretia and Catherine were suffered to go away, the pirates detained their mate, who was now the only man aboard who understood navigation, and him they desired to take upon him the command of the sloop in the room of Captain Evans deceased, but he desired to be excused that honour, and at length positively refused it, so they agreed to break up the company and leave the mate in possession of the vessel. Accordingly they went to shore at the Caimans, carrying with them about nine thousand pounds among thirty persons, and, it being fair weather, the mate and a boy brought the vessel into Port Royal, in Jamaica. LibriVox Recordings are in the public domain. For more information or to volunteer, please visit LibriVox.org Recording by Catherine The General History of the Pirates Volume 1 by Charles Johnson Chapter 15 of Captain John Phillips and His Crew John Phillips was bred a carpenter, and sailing to Newfoundland in a west country ship was taken by Anstis in the Good Fortune Brigadine. The next day after he had left his consort in Commodore, Captain Roberts, Phillips was soon reconciled to the life of a pirate, and being a brisk fellow, was appointed carpenter of the vessel, for at first his ambition reached no higher. There he remained till they bloke up at Tobago, and was one of those who came home in a sloop that we have mentioned to be sunk in Bristol Channel. His stay was not long in England, for whilst he was paying his first visits to his friends in Devonshire, he heard of the misfortune of some of his companions, that is, of their being taken and committed to Bristol Jail, and there being good reason for his apprehending danger from a wind that blew from the same quarter, he moved off immediately to Topsham, the nearest port, and there shipped himself with one Captain Wadham for a voyage to Newfoundland, and home again, which, by the way, Mr. Phillips never designed to perform, to see England any more. When the ship came to Peter Harbour, in Luffinland of Horsed, he ran away from her, and hired himself a splitter in the fishery for the season, but this was only till he could have an opportunity of prosecuting his intended rogueries, in order to which he combined with several others, in the same employ, to go off with one of the vessels that lay in the harbour, upon the piratical account. Accordingly the time was fixed, these the 29th of August, 1723, at night, but whether remorse or fear prevented their coming together, I know not, but of sixteen men that were in the combination, five only kept the appointment. Notwithstanding which, Phillips was for pushing forward with that small number, assuring his companions that they should soon increase their company, and they agreeing a vessel was seized on, out of the harbour they sailed. The first thing they had now to do was to choose officers, draw up articles, and settle their little commonwealth, to prevent disputes and wranglings afterwards. So John Phillips was made captain, John Nutt, master or navigator of the vessel, James Sparks, gunner, Thomas Fern, carpenter, and William White was the only private man in the whole crew. When this was done one of them read out the following articles, they were taken verbatim, and all swore to him upon a hatchet, for want of a Bible. The articles on board the revenge. One, every man shall obey civil command, the captain shall have one full share and a half in all prizes, the master, carpenter, boatswain, and gunner, shall have one share and quarter. Two, if any man shall offer to run away, or keep any secret from the company, he shall be marooned with one bottle of powder, one bottle of water, one small arm, and shot. Three, if any man shall steal anything in the company, or game, to the value of a piece of eight, he shall be marooned or shot. Four, if at any time we should meet another marooner, that is pirate, that man shall sign his articles without the consent of our company, shall suffer such punishment as the captain and company shall think fit. Five, that man shall strike another whilst these articles are in force, shall receive Moses' law, that is, forty stripes like one, on the bare back. Six, that man that shall snap his arms, or smoke tobacco in the hold without a cap to his pipe, or carry a candle lighted without a land-thorn, shall suffer the same punishment as in the former article. Seven, that man that shall not keep his arms clean, fit for an engagement, or neglect his business, shall be cut off from his share, and suffer such other punishment as the captain and the company shall think fit. Eight, if any man shall lose a joint in time of an engagement, shall have four hundred pieces of eight. If a limb, eight hundred. Nine, if at any time you meet with a prudent woman, that man that offers to meddle with her without her consent, shall suffer present death. Thus prepared this bold crew set out, before they left the banks they made prize of several small fishing vessels, out of which they got a few hands, some French and some English, and then sailed for the West Indies. In one of those vessels they took out one John Rose Archer, who having been a pirate under the famous Blackbeard, immediately preferred over other people's heads to be quartermaster to the company, which sudden promotion so disgusted some of the older standards, especially Fern the Carpenter, that it occasioned some mischief to follow, as we shall shoe by and by. The pirates came off Barbados the beginning of October, and cruised there, and among other islands, above three months without speaking with a vessel, so that they were almost starved for want of provisions, being reduced to a pound of meat a day between ten. At length they fell in with a martiniso man of twelve guns and thirty-five hands, far superior in force, and what they would not have ventured on at another time, but hunger will break down stone walls. They were resolved to shoe the Frenchmen their black flag, and if that would not do, they must seek out elsewhere. Accordingly, they boldly ran up alongside of the sloop, with their piratical colours flying, and told them, if they did not strike immediately, they would give them no quarters, which so intimidated the Frenchmen, that they never fired a gun. This proved a seasonable supply. They took her provisions, and four of her men, and let her go. They took presently after, a sloop belonging to New York, and a Virginia man, Huffham Master. Having now occasioned to clean their vessel, Phillips proposed to Tobago, where the company he formerly belonged to, under Anstis and Fen, broke up. To introduce them to it, he told them when he left the island, there was left behind six or eight of their company that were not willing to go to England, with three Negroes, whereupon they sailed to the island, and after a careful search, found only one of the Negroes, whose name was Pedro, who informed Captain Phillips, that those that were left behind were taken by a man of war's crew, and hanged at Antigoa, among whom was Fen their captain. They took Pedro on board, and then fell to business, careening their vessel, and just as they had finished their work, the man of war's boat came into the harbor, the ship being cruising to Leeward of the island. It was easily guessed upon what errand she was sent, and therefore they lost no time, but, as soon as the boat went away, warped out, and plied to Windward for security, but left the four Frenchmen they took out of the Martinico sloop behind. In a few days, they took a snow with a few hands, and Fern, the carpenter, one William Phelps, Wood, and Taylor, went aboard to take possession of her. Fern, not forgetting the affront of having Archer preferred before him, resolved to go off with the prize, and brought the rest into the same measures. However, Phillips, the captain, keeping a good look out, perceived their design, and gave them chase, who, coming up with the vessel, a skirmish ensued, wherein Wood was killed, and Taylor wounded in his leg, upon which the other two surrendered. There was no surgeon aboard, and therefore it was advised, upon a learned consultation, that Phillips' leg should be cut off, but who should perform the operation was the dispute. At length, the carpenter was appointed as the most proper man, upon which he fetched up the biggest saw, and taking the limb under his arm, fell to work, and separated it from the body of the patient, in as little time as he could have cut a deal-board in two. After that, he heated his axe red-hot in the fire, and cauterized the wound, but not with so much art as he performed the other part, for he so burnt his flesh distant from the place of amputation, that it had like to have mortified. However, nature performed a cure at last, without any other assistance. From Tobago they stood away to the northward, and took a Portuguese bound for Brazil, and two or three sloops from Jamaica, in one of which, fern the carpenter, endeavoring to go off, was killed by Phillips the captain, pursuant to their articles. Another had the same fate, some days after, for the like attempt. These severities made it dangerous for any to consult or project an escape, the terror of which made several sign their articles and set down quietly, waiting impatiently for redemption, which as yet they saw no great likelihood of, and, should they have been taken before circumstances appeared in their actions or characters, as afterward happened, to denote their innocence, they might have lost their lives upon a trial at a court of admiralty, for pretty strong evidence is expected in their favor to balance that of being taken aboard a vessel which is proved to be an actual piracy, and they assisting therein. Thus was many an honest man's case made most desperate by the consummate villainy of a few hardened wretches who fear neither god nor devil, as this Phillips used often blasphemously to express himself. On the 25th of March, they took two ships from Virginia for London. John Phillips the pirate captain's namesake was master of one, and captain Robert Mortimer, the other, a brisk young fellow that deserved a better fate than he met with. Phillips the pirate stayed on board of captain Mortimer's ship, while they transported the crew to the sloop and the boat returning alongside. One of the pirates therein calls to Phillips and tells him there was a mutiny aboard their vessel. Mortimer had two men in his ship, and the pirate captain had two. Therefore thought it a good opportunity to recover his ship, and directly took up a hand spike and struck Phillips over the head, giving him a dangerous wound, but not knocking him down. He recovered and wounded Mortimer with his sword, and the two pirates that were aboard began to captain Phillips' assistance. Captain Mortimer was presently cut to pieces, while his own two men stood by and did nothing. This was the first voyage that Mortimer had the command of a vessel, by whose death is a poor disconsolate widow made miserable, more in regard of the mutual love and fidelity they lived in than the loss of what would have been a handsome and comfortable provision for themselves and children, which I think now ought to be made up since was in the public service he fell, for had his attempt succeeded in all probability he would not only have regained his own ship, but entirely subdued and destroyed the enemy, there being several, as it afterwards proved, that would have seconded such an enterprise whenever they found a beginning made. This affair ended without any other consequence than a strict search after a brother of Captain Mortimer who was on board in order to have him put likewise to death, but he had the good fortune to meet with a townsman among the crew who hid him for four and twenty hours in a stay sail, till the heat of their fury was over, and by that means happily missed of the fate designed him. Out of the other Virginia man before spoken of, they took one Edward Cheeseman, a carpenter to supply the place of their late carpenter, Fern. He was a modest sober young man very averse to their unlawful practice and a brave gallant fellow. There was one John Fillmore of Ipswich, formerly taken by them, ordered to row Cheeseman aboard of Mortimer's ship, which the pirates possessed themselves of, who, seeing with what reluctance and uneasiness Cheeseman was brought away, told him he would join with him in some measures to overthrow the piratical government, telling him with all their present condition what difficulties Phillips had met with to make up his company and how few voluntary pirates there were on board and the like. But however specious this seemed, Cheeseman, out of prudence, rejected his offers of assistance till he saw some proofs of his sincerity, which after a few days he was convinced of, and then they often consulted. But as the old pirates were always jealous of the newcomers and consequently observant of their behavior, this was done with the utmost caution, chiefly when they were lying down together as though asleep and, at other times, when they were playing at cards, both which they feigned often to do for that purpose. The pirates went on all the while, plundering and robbing several ships and vessels, bending their course towards Newfoundland, where they designed to raise more men and do all the mischief they could on the banks and in the harbors. Newfoundland is an island on the north continent of America, contained between the 46th and 538th of North Latitude, discovered first by Saint Sebastian Cabot, Ag. 1497, but never settled till the year 1610 when Mr. Guy of Bristol revived the affair and obtained a patent, and himself to be Governor. The island is deserted by the natives and neglected by us, being desolate and woody, and the coast and harbor only held for the convenience of the cod fishery for which alone they were settled. The bays and harbors about it are very numerous and convenient and being deeply indented makes it easy for any intelligence to pass from one harbor to another over land, especially the principal, St. John's and Placentia, when the appearance of an enemy makes them apprehend danger. They are able to cure and export about 100,000 quintals, 100 weight each, of fish annually, which returns to England in money or the necessary commodities of Portugal, Spain and Italy. As it therefore expends abundance of rum, molasses, and sugar, the product of our West India colonies and employs a number of fishermen from home every season, by whose industry and labor only this fish is purchased, it may very well be reckoned an advantageous branch of trade. But the present design of this digression being not to give an exact description of the country or fishery, but rather how it accidentally contributes to raise or support the pirates already raised, I shall observe. First, that our West country fishing ships, these from Toppsham, Barnstable, and Bristol who chiefly attend the fishing seasons transport over a considerable number of poor fellows every summer, whom they engage at low wages and are by their terms to pay for passage back to England. When the Newfoundland ships left that country towards winter in the year 1720, these passengers mustered 1100 who, during the season of business, the hardness of their labor and chillness of the nights pinching them very much, are mostly fond of drinking black strap, a strong liquor used there and made from rum, molasses, and chowder beer. By this the majority of them outrun the Constable and then are necessitated to come under hard articles of servitude for their maintenance in the winter, no ordinary charge indeed. When the barrenness of the country is considered and the stock of provision laid in, happen to fall short in proportion to the computation made of the people remaining there the winter which are generally about 17 or 1800, the masters residing there think advantages taken on their necessities, no more than a just and lawful gain and either bind such for the next summer service or sell their provisions out to them at extravagant rates, bred from 15 shillings to 50 immediately at the departing of the ships and so of other sorts of food in proportion. Wherefore, not being able to subsist themselves or in any likely way of clearing the reckoning to the masters, they sometimes run away with shallops and boats and begin on piratical exploits as Phillips and his companions whom we are now treating of had done. And secondly which is more opportunity for them they are visited every summer almost by some set of pirates or other already raised who call here for the same purpose if young beginners and to lay in a store of water and provisions which they find imported much or little by all the ships that use the trade. Towards this country Phillips was making his way and took on the voyage besides those that were above mentioned, one Salter in a sloop off the Isle of Sables which vessel they made use of themselves and gave back Mortimer's ship to the mate and crew. That same day these the Fourth of April took a schooner, one Chadwell master, which they scuttled in order to sink but Captain Phillips understanding that she belonged to Mr. Miners at Newfoundland with whose vessel they first went off a pirating a quam of conscience came a thwart his stomach and he said to his companions we have done him injury enough already so ordered the vessel immediately to be repaired and returned her to the master. That afternoon they chased another vessel and at night came up with her the master of which was a saint of New England named Dependence Ellery who taking Phillips for a pirate he told him was the reason that he gave him the trouble of chasing so long which being resented by these men of honour they made poor Dependence dance about the deck till he was weary. Within few days several other vessels had the same misfortune the master's names were as follows Joshua Ellwell Samuel Ellwell Mr. Combs Mr. Lansley James Babston Edward Freeman Mr. Start On the 14th of April they took a sloop belonging to Cape Anne Andrew Haradine master they looked upon this vessel more fit for their purpose and so came aboard keeping only the master of her prisoner and sending Haradine's crew away in Salter's vessel which they till this time detained to this Haradine cheeseman the carpenter broke his mind and brought him into the confederacy to destroy the crew which was put in execution Haradine and the rest were for doing the business in the night as believing they might be more opportunity surprised for Newt the master being a fellow of great strength and no less courage it was thought dangerous to attack him without firearms however cheeseman was resolute to have it performed by daylight as the least liable to confusion and as to the master he offered to lay hands on him first upon this was concluded twelve at noon was the appointed time in order for the business cheeseman leaves his working tools on the deck as though he had been going to use them and walked aft but perceiving some signs of timidity in Haradine he comes back fetches his brandy bottle and gives him and the rest a drum then drank to burl, the boatswain and the master to their next merry meeting and up he puts the bottle then he takes a turn with nut and thought of the weather and such like in the meanwhile Philemore takes up the axe and turns it round upon the point as if at play then both he and Haradine wink at him thereby letting him know they were ready upon which signal he seizes nut by the collar with one hand between his legs and tossed him over the side of the vessel but he, holding by cheeseman's sleeve said Lord have mercy upon me he told him it was an unnecessary question four says he, master, you are a dead man so strikes him over the arm nut loses his hold tumbles into the sea and never spoke more by this time the boatswain was dead for as soon as Philemore saw the master lay hold of he raised up the axe and divided his enemies head in two the noise brought the captain upon deck whom cheeseman saluted with the blow of a mallet which broke his jawbone but did not knock him down Haradine came in then with the carpenter's adds but sparks, the gunner interposing between him and captain Philips cheeseman trips up his heels and flung him into the arms of Charles Ivy May, one of his consorts who that instant discharged him into the sea and at the same time Haradine compassed his business with the captain of foresaid cheeseman lost no time but from the deck jumps into the hold and was about to beat out the brains of archer the quartermaster having struck him two or three blows with his blunt weapon the mallet when Harry Giles a young lad came down after him and desired his life might be spared as an evidence of their own innocence that he having all the spoil and plunder in his custody it may appear that these tragic proceedings were not undertaken with any dishonest view of seizing or appropriating the effects to themselves which prudent advice prevailed and he and three more were made prisoners and secured the work being done they went about ship altered the course from Newfoundland to Boston and arrived safe a third of May following to the great joy of that province on the 12th of May 1724 a special court of admiralty was held for the trial of these pirates when John Fillmore Edward Cheeseman John Combs Henry Giles Charles Ivy Mae John Bootman and Henry Payne the seven that confederated together for the pirates destruction were honorably acquitted as also three Frenchmen John Baptiste Peter Taffery and Isaac Lassen and three Negroes Pedro Francisco and Piero and John Rose Archer the quartermaster William White William Taylor and William Phillips were condemned the two latter were reprieved for a year and a day in order to be recommended though I don't know for what as objects of his majesty's mercy the two former were executed on the 2nd of June and died very penitently making the following declarations at the place of execution with the assistance of two grave divines that attended them the dying declarations of John Rose Archer and William White on the day of their execution at Boston June 2nd 1724 for the crimes of piracy first separately of Archer I greatly bewail my profanations of the lord's day and my disobedience to my parents and my cursing and swearing and my blaspheming the name of the glorious god unto which I have added the sins of unchastity and I have provoked the holy one at length to leave me unto the crimes of piracy and robbery wherein at last I have brought myself under the guilt of murder also but one wickedness that has led me as much as any to all the rest has been my brutish drunkenness by strong drink I have been heated and hardened into the crimes that are now more bitter than death unto me I could wish that masters of vessels would not use their men with so much severity as many of them do to great temptations and then of white I am now with sorrow reaping the fruits of my disobedience to my parents who used their endeavors to have me instructed in my bible and my catechism and the fruits of my neglecting the public worship of god and profaning the holy sabbath and of my blaspheming the name of god my maker but my drunkenness has had a great hand in bringing new and upon me I was drunk when I was enticed aboard the pirate and now for all the vile things I did aboard I own the justice of god and man in what is done unto me of both together we hope we truly hate the sins whereof we have the burden lying so heavy upon our consciences we warn all people and particularly young people who are as sensitive as these we wish all may take warning by us we beg for pardon for the sake of christ our saviour and our hope is in him alone oh that in his blood our scarlet and crimson guilt may all be washed away we are sensible of and hard heart in us full of wickedness and we look upon god for his renewing grace upon us we bless god for the space of repentance has given us and that he has not cut us off in the midst and height of our wickedness we are not without hope that god has been savingly at work upon our souls we are made sensible of our absolute need of the righteousness of christ that we may stand justified before god in that we renounce all dependence on our own we are humbly thankful to the ministers of christ for the great pains they have taken for our good may god reward their kindness we don't despair of mercy but hope through christ that when we die we shall find mercy with god and be received into his kingdom we wish others and especially the seafaring may get good by what they see this day befalling of us declared in the presence of JWDM End of Chapter 15 Recording by Catherine Hong Kong March 2010 Chapter 16 of the General History of the Pirates Volume 1 This is a LibriVox Recording All LibriVox recordings are in the public domain For more information or to volunteer please visit LibriVox.org Recording by Barry Eads The General History of the Pirates Volume 1 by Charles Johnson Chapter 16 of Captain Spriggs and his crew Spriggs Spriggs took possession of the ship and I believe came away from Lothar along with him He was quarter master to the company and consequently had a great share in all the barbarities committed by that excruble gang till the time they parted which was about Christmas last when Loh took a ship of twelve guns on the coast of Guinea called the Delight formerly the Squirrel Man of War commanded by Captain Hunt Spriggs took possession of the ship with eighteen men left Loh in the night and came to the West Indies This separation was occasioned by a quarrel with Loh concerning a piece of justice Spriggs would have executed upon one of the crew for killing a man in cold blood as they call it one insisting that he should be hanged and the other that he should not A day or two after they parted they chose Captain by the rest and a black ensign was made which they called Jolly Roger with the same device that Captain Loh carried Viz, a white skeleton in the middle of it with a dart in one hand striking a bleeding heart and in the other an hourglass When this was finished and hoisted they fired all their guns to salute their Captain and themselves and then looked out for prey In their voyage to the West Indies these pirates took a Portuguese bark wherein they got valuable plunder but not contented with that alone they said they would have a little game with the men and so ordered them a sweat more for the brute's diversion than the poor men's health which operation is performed after this manner they stick up lighted candles circularly round the mizzen mast between decks within which the patients one at a time enter without the candles the pirates post themselves as many as can stand forming another circle and armed with pen knives tucks, forks, compasses, etc and as he runs round and round the music playing at the same time they prick him with these instruments this usually lasts for 10 or 12 minutes which is as long as the miserable man can support himself When the sweating was over they gave the Portuguese their boat all quantity of provisions and set their vessel on fire near the island of Saint Lucia they took a sloop belonging to Barbados which they plundered and then burnt forcing some of the men to sign their articles the others they beat and cut in a barbarous manner because they refused to take on with the crew and then sent them away in the boat who all got safe afterwards to Barbados the next was a Martinico man which they served as bad as they had done the others but did not burn their ship some days afterwards and running down to Leeward they took one Captain Hawkins coming from Jamaica loading chiefly with logwood they took out of her stores, arms, ammunition and several other things as they thought fit and what they did not want they threw overboard or destroyed they cut the cables to pieces knocked down the cabins in short took all the pains in the world to be mischievous they took by force out of her Mr. Burridge and Mr. Stevens the two mates and some other hands and after detaining the ship from the 22nd of March to the 29th they let her go on the 27th they took a Rhode Island sloop Captain Pike and all his men were obliged to go aboard the pirate but the mate being a grave sober man and not inclinable to stay, they told him he should have his discharge and that it should be immediately writ on his back whereupon he was sentenced to receive ten lashes from every man in the ship which was rigorously put in execution the next day Mr. Burridge, Captain Hawkins' mate signed their articles which was so agreeable to them he being a good artist and sailor that they gave three hazzas fired all the guns in the ship and appointed him master the day was spent in boisterous mirth roaring and drinking of hells among which was by mistake that of King George II for you must know now and then the gentry are provoked to sudden fits of loyalty by the expectation of an act of grace it seems Captain Pike had heard at Jamaica that the king was dead so the pirates immediately hoisted their ensign half-mast the death signal and proclaimed his royal highness saying they doubted not but there would be a general pardon in a twelve month which they would embrace and come in upon but dam them if they should be expected out of it they would murder every Englishman that should fall into their hands the second of April they spied a sail and gave her chase till twelve o'clock at night the pirates believed her to be a Spaniard when they came close up to her they discharged a broadside which was followed by another but the ship making a lamentable cry for quarters they seized firing and ordered the captain to come aboard which he did but how disappointed the rogues were when they found was their old friend Captain Hawkins whom they had sent away three days before worth not one penny this was such a bulk to them that they resolved he should suffer for falling in their way though it was so contrary to his own inclinations about fifteen of them surrounded the poor man with sharp cutlaces and fell upon him whereupon he was soon laid flat on the deck in that instant Burridge flew amongst the thickest of the villains and begged earnestly for his life upon whose request was granted they were now most of them drunk as is usual at this time of night so they unanimously agreed to make a bonfire of Hawkins's ship which was immediately done and in half an hour she was all of a blaze after this they wanted a little more diversion and so Captain Hawkins was sent for down to the cabin to supper what should the provision be but a dish of candles which he was forced to eat haven't a naked sword and a pistol held to his breast all the while when this was over they buffeted him about for some time and sent him forward amongst the other prisoners who had been treated with the same delicacies two days afterwards they anchored at a little uninhabited island called Ratan near the bay of Honduras and put ashore Captain Hawkins and several other men one of them his passenger who died there of the hardships he underwent they gave them powder and ball and a musket with which they were to shift as they could sailing away the next day for other adventures Captain Hawkins and his unfortunate companions stayed nineteen days upon this island implying themselves with both fish and fowl such as they were at which time came two men in a canoe that had been left upon another maroon island near Benica who carried the company at several times thither it being more convenient in having a good well of fresh water and plenty of fish etc. twelve days afterwards they spied a sloop off at sea which upon their making a great smoke stood in and took them off as the Marriam Captain Jones lately escaped out of the bay of Honduras from being taken by the Spaniards at an island to the westward the pirates cleaned their ship and sailed towards the island of St. Christophers to wait for one Captain Moore who commanded the eagle sloop when she took loathers upon the Kareen at Blanco Sprague resolved to put him to death whenever he took him for falling upon his friend and brother instead of Moore he found a Frenchman of war from Martinico upon the coast which Sprague is not thinking fit to contend with run away with all the sail he could make. The Frenchman crowded after him and was very likely speak to Mr. Briggs when unfortunately his main top mass came by the board which obliged him to give over the chase Sprague then stood to the northward toward Bermudas or the summer Isles and took a schooner to Boston. He took out all the men and sunk the vessel and had the impudence to tell the master that he designed to increase his company on the banks of Newfoundland and then would sail for the coast of New England in quest of Captain Solgard who attacked and took their consort Charles Harris Sprague's being then in low sloop who very fairly ran for it. The pirate asked the master if he knew Captain Solgard who answering no he asked another the same question and then a third who said he knew him very well upon which Sprague's ordered him to be sweated which was done in the manner before described. Instead of going to Newfoundland as the pirates threatened they came back to the islands and to windward of St. Christopher's on the 4th of June last took a sloop Nicholas Trott master belonging to St. Estucia and wanting a little diversion they hoisted the men as high as the main board tops and let them run down a main enough to break all the bones in their skins and after they had pretty well crippled them by this cruel usage and whipped them about the deck they gave Trott his sloop and let him go keeping back only two of his men besides the plunder of the vessel. Within two or three days they took a ship coming from Rhode Island to St. Christopher's loading with provisions and some horses. The pirates mounted the horses and ordered them about the deck backwards and forwards a full gallop like mad men at Newmarket cursing, swearing, and hollowing at such a rate that made the poor creatures wild and at length two or three of them throwing their riders they fell upon the ship's crew and whipped and cut and beat them in a barbarous manner telling them it was for bringing horses without boots and spurs for want of which they were not able to ride them. With these sprigs I shall only add the two following relations and conclude. A brigantine belonging to Bristol one Mr. Rowery, master had been trading at Gambia in Africa and falling as low as Cape Mount to finish the slaving of the vessel. He had, by a misfortune usual at that part of the coast, his mate, surgeon, and two more of his men, panyard, footnote, term for stealing was used all over the coast by the Negroes. The remainder of his company which was not above five or six in number took this opportunity and seized the vessel in the road making the master prisoner. You will think it prodigious imprudent that so small a number should undertake to proceed a pirating especially when neither of them had sufficient skill in navigation. Yet this they did leaving those people, their shipmates above mentioned to the mercy of the barbarous natives and sailed away down the coast making them a black flag which they merrily said would be as good as fifty men more. I.E. would carry as much terror and that they did not doubt of soon increasing their crew to put them in an enterprising capacity but their vain projection was soon happily frustrated and after this manner. The master whose life they had preserved perhaps only for supplying their own unskillfulness and navigation advised them that since contrary to their expectations they had met with no ship between Cape Mount and the bite of Calabar to proceed to the island of St. Thomas' where they might recruit with provisions and water and sell off the slaves about seventy of them which they perceived would be a useless lumber and incomodious to their design. They arrived there in August 1721 and one evening while part of them were on shore applying for this purpose to the governor and the other part carelessly from the deck. Mr. Rowery stepped into the boat belonging to the vessel and pushed off very suddenly. They heard the noise it made and soon were upon deck again but having no other boat to pursue nor a musket ready to fire he got safe on shore and ran to the governor with his complaint who immediately imprisoned those already there and sent a launch off to take the rest out of the ship. The Swallow arrived at St. Thomas' the beginning of October following where on Mr. Rowery's remonstrance application was made to the Portuguese governor of that island for a surrendery of these five English prisoners then in the castle but he not only preemptorily excused himself from it as a matter out of his power without particular direction from the court in Portugal but with all insinuated that they had only taken refuge there from the hardships and severity they had met with from their master. The manner of denial and the avaricious temper of the gentleman which I had occasion to be acquainted with makes it very suspicious that he proposed considerable gains to himself for if Mr. Rowery had not made such an escape to him the slaves had been his for little or nothing as his suspicions which any man less acute than he must have had from the awkward and unskillful carriage of such merchants but enough of this perhaps he is not the only governor abroad that finds an interest in countenancing these fellows. End of chapter 16 An account of the piracies and murders committed by Philip Roach etc. of the general history of the pirates volume one. This is a LibriVox recording. All LibriVox recordings are in the public domain. For more information or to volunteer please visit LibriVox.org recording by Barry Eads the general history of the pirates volume one by Charles Johnson. An account of the piracies and murders committed by Philip Roach etc. Philip Roach was born in Ireland and from his youth had been bred up to the sea he was a brisk gentile fellow of thirty years of age at the time of his death. One whose black and savage nature did no ways answer the comeliness of his person. His life being almost one continued scene of villainy before he was discovered to have committed the horrid murders we are now speaking of. This inhumane monster had been concerned with others in ensuring ships to a great value and then destroying them by which means and other means he had got a little money and being made of a ship was diligent enough in trading for himself between Ireland and France so that he was in a way of getting himself a comfortable livelihood. But as he resolved to be rich and finding fair dealing brought in wealth but slowly he contrived to put other things in execution and certainly had murdered several innocent persons in the prosecution of his abominable crimes. But as I have now forgot the particular circumstances of those relations I shall confine myself at present to the fact for which he suffered. Roach getting acquainted with one Neil a fisherman at Cork whom he found ready for any villainous attempt he imparted his design to him who being pleased with the project brings one Pierce Cullen and his brother into the Confederacy. Together with one Wise who at first was very unwilling to come into their measures and indeed had the least hand in the perpetration of what follows. They pitched upon a vessel in the harbor belonging to Peter Tortue a Frenchman to execute their cruel intentions upon because it was a small one and had not a great number of hands on board and was easy afterwards to exchange it for one more fit for piracy and therefore they applied themselves to the master for a passage to Nance where to the ship was bound and accordingly the beginning of November 1721 they went aboard and when at sea Philip Roach being an experienced sailor the master of the vessel readily trusted him with the care of her at times while he and the mate went to rest. The fifteenth of November at night was the time designed for the tragedy but Francis Wise relented and appeared generous to divert them from their bloody purposes. Roach sometimes called Captain told him that as Cullen and he had sustained great losses at sea unless every Irish man present would assist in repairing their losses by murdering all the French rogues and running away with the ship he should suffer the same fate with the Frenchman but if all would assist all should have a share in the booty. Upon this they all resolved alike Captain Roach ordered three Frenchmen and a boy up to hand the top sails the master and mate being then asleep in their cabins the two first that came down they beat out their brains and threw them overboard the other two seeing what was done ran up to the top most head but Cullen followed them and taking the boy by the arm tossed him into the sea then driving down the man those below knocked him on the head and threw him overboard. Over asleep being awakened by the dismal shrieks and groans of dying men ran upon deck in confusion to inquire into the cause of such unusual noises but the same cruelty was immediately acted towards them ere they could be sensible of the danger that threatened them. They were now as Roach himself afterwards confessed all over as wet with the blood that had been spilt as if they had been dipped in water or stood in a shower of rain nor did they regard it any more Roach said. Captain Tortue used many words for mercy and asked them if he had not used them with civility and kindness if they were not the same Christian religion and own the same blessed Jesus and the like. But they not regarding what he said took cords and bound the poor master and his mate back to back and while that was doing both of them begged with the utmost earnestness and used the most solemn entreaties they would at least allow them a few minutes to say their prayers and beg mercy of God for the various sins and offenses of their lives but it did not move them though all the rest were dead and no danger could be apprehended from them too alone for the bound persons were hurried up and thrown into the sea the massacre being finished they washed themselves a little from the blood and searched the chests and lockers and all places about the ship and then set down in the captain's cabin and refreshed themselves with some rum they found there and as Roche confessed were never merrier in their lives they invested Roche with the command of the ship and calling him captain talked over their liquor what rare actions they would perform about Cape Britain, Sable Isle and the banks of Newfoundland wither they designed to go as soon as they had recruited their company and got a better ship which they proposed speedily to do Roche taking upon himself the command of the vessel Andrew Cullen was to pass for a merchant or supercargo but when they be thought themselves that they were in danger of being discovered by the papers of the ship relating to the cargo as bills of lading etc. therefore they erased and take out the name of the French master and instead thereof inserted the name of Roche so that it stood in the ship's papers Peter Roche master that then having so few hands on board they contrived if they met any ships to give out that they had lost some hands by their being washed overboard in a storm and by that means screened themselves from being suspected of having committed some such wicked act by reason of the fewness of their hands on board and also might prevail with some ship to spare them some on consideration of their pretended disaster in going to Calais they were in distress by the weather and being near Lisbon they made complaint to a ship but obtained no assistance they were then obliged to sail back for England and put into the port of Dartmouth but then they were in fear least they might be discovered therefore to prevent that they resolved to alter the ship and getting workmen they take down the mizzen mast and build a spar deck and made rails on pretense that the sailors had been washed overboard to secure the men then they took down the image of St. Peter at the head of the ship and put up a lion in its place and painted over the stern of the ship with red and new named her the Mary Snow the ship being thus altered that they thought it could not be known they fancied themselves pretty secure but wanting money to defray the charge of these alterations roach as master of the vessel and Andrew Cullen as merchant apply themselves to the officers of the customs for liberty to dispose of some of the cargo in order to pay the workmen which they having obtained they sold fifty-eight barrels of beef and having hired three more hands they set sail for Austin and there having sold more barrels of beef they steer their cores to Rotterdam dispose of the rest of the cargo and took in one Mr. Anisley who freighted the ship for England but in their passage in a stormy night it being very dark they took up Mr. Anisley their passenger and threw him into the sea who swam about the ship a pretty while calling out for life and telling them they should have all his goods if they would receive him again into the vessel but in vain were his cries after this they were obliged to put into several ports and by contrary winds came to the coast of France and hearing there was an inquiry made after the ship Roach quits her at Havre de Grace and leaves the management to Cullen and the rest who having shipped other men sailed away to Scotland and there quitted the vessel which was afterwards seized and brought into the river of thimes some time after this Philip Roach came to London and making some claim for money he had made insurance of in the name of John Oustis the officer was apprised of the fraud and he arrested and flung into the comforter from winds directing a letter to his wife she showed it to a friend who discovered by it that he was the principal villain concerned in the destruction of Peter Tortue and the crew upon this an information was given to my lord Carteray that the person who went by the name of John Oustis was Philip Roach as aforesaid and being brought down by his lordship's warrant he stiffly denied it for some time and a letter was found in his pocket directed to him by the name of Roach but being confronted by a captain of a ship who knew him well he confessed it but prevaricated in several particulars whereupon he was committed to Newgate upon violent suspicion and the next day was brought down again at his own request confessed the whole desired to be made in evidence and promised to convict three men worse than himself two were discovered by him he was visibly in the Marshall sea and Roach himself was afterwards tried no more being taken found guilty of the piracy and executed end of an account of the piracies and murders committed by Philip Roach et cetera an abstract of the civil law and statute law now in force in relation to piracy of the general history of the pirates volume one all LibriVox recordings are in the public domain for more information or to volunteer please visit LibriVox.org recording by Barry Eads the general history of the pirates by M1 by Charles Johnson an abstract of the civil law and the statute law now in force in relation to piracy a pirate is hostess humanus generis a common enemy with whom neither faith nor oath according to Tully and by the laws of nature princes and states are responsible for their neglect if they do not provide remedies for restraining these sorts of robberies though pirates are called common enemies yet they are properly not to be termed so he is only to be honored with that name says Cicero who hath a commonwealth a court a treasury consent and concord of citizens and some way if occasion be of peace and league but when they have reduced themselves into a government or state as those of Algier Sallie, Tripoli, Tunis and the like they then are allowed the salinities of war and the rights of legation if letters of marquee be granted to a merchant and he furnishes out a ship with the captain and mariners and they instead of taking the goods or ships of that nation against whom their commission is awarded take the ship and goods of a friend this is piracy and if the ship arrive in any part of his majesty's dominions it will be seized and forever lost to the owners but they are no way liable to make satisfaction if a ship is assaulted and taken by the pirates for redemption of which the master becomes a slave to the captors by the law marine the ship and lading are tacitly obliged for his redemption by a general contribution but if it happen through his own folly then no contribution is to be made if subjects in enmity with the crown of England are aboard an English pirate in company with English and a robbery is committed and they are taken it is felony in the English but not in the stranger for it was no piracy in them but the depredation of an enemy and they will be tried by a martial law if piracy is committed by subjects in enmity with England upon the British seas it is properly only punishable by the crown of England who have isted regimen and dominion exclusive of all other power if piracy be committed on the ocean and the pirates in the attempt be overcome the captors may without any solemnity of condemnation hang them up at the main yard if they are brought to the next port and the judge checks the trial or the captors cannot wait for the judge without peril or loss justice may be done upon them by the captors if merchant dies be delivered to a master to carry to one port and he carries it to another and sells and disposes of it this is not felony but if after unlating it at the first port he retakes it it is piracy if a pirate attack a ship and the master for redemption gives his oath to pay a sum of money though there be nothing taken yet it is piracy by the law marine if a ship is riding in anger and the mariners all assure and a pirate attack her and rob her this is piracy if a man commit piracy upon the subjects of any prince or republic though an enmity with us and brings the goods into England and sells them in a market overt the same shall bind and the owners are forever excluded if a pirate enters a port of this kingdom and robs a ship at anchor there it is not piracy because not done super all to mare but is robbery at common law because infracorpus comatatus a pardon of all felonies does not extend to piracy but the same ought to be especially named by twenty eight age murders and robberies committed upon the sea or in other places where the admiral pretends jurisdiction shall be inquired into tried heard and determined in such places and counties within the realm as shall be limited by the king's commission in like manner as if such offenses were done at land and such commissions being under the great seal shall be directed to the lord admiral his lieutenant or deputy and to three or four such others as the lord chancellor shall name the said commissioners or three of them have power to inquire of such offenses by twelve lawful men of the country so limited in their commission as if such offenses were done at land within the same county and every indictment so found and presented shall be good in law and such order progress judgment and execution shall be used had done and made there upon as against offenders for murder and felony done at land also the trial of such offenses if they be denied shall be had by twelve men of the country limited in the said commission as aforesaid and no challenge shall be had for the hundred and such as shall be convict of such offenses shall suffer death without benefit of clergy and forfeit land and goods as in case of felonies and murders done at land this act shall not prejudice any person or persons urged by necessity for taking victuals, cables ropes, anchors or sails out of another ship that may spare them so as they either pay ready money or money worth for them or give a bill for the payment thereof if on this side the straits of Gibraltar within four months if beyond within twelve months when any such commission shall be sent to any place within the jurisdiction of the Sinki ports it shall be directed to the warden of the said ports or his deputy with three or four other persons as the lower chancellor shall name and the inquisition or trial of such offenses there shall be made and had by the inhabitants of the said ports and members of the same by eleven and twelve W three C seven if any natural born subjects or denizens of England commit piracy or any act of hostility against his majesty subjects at sea under color of a commission or authority from any foreign prince or state or person whatsoever such offenders shall be at judged pirates if any commander or master of a ship or seamen or mariner give up his ship etc. to pirates or combine to yield up or run away with any ship or lay hand on his commander or endeavour to make a revolt in the ship he shall be a judged pirate all persons who after the 29th of September 1720 shall set forth any pirate or be aiding or assisting to any such pirate committing piracy on land or sea or shall conceal such pirates or receive any vessel or goods pirately taken shall be a judged accessory to such piracy and suffer as principles. By 4G C 11 Section 7 all persons who have committed or shall commit any offenses for which they ought to be a judged pirates by the Act 11 and 12 W3C 7 may be tried for every such offense in such manner as by the Act 28H 8C 15 is directed for the trial of pirates and shall not have the benefit of this act. Section 8 this act shall not extend to persons convicted or attainted in Scotland. Section 9 this act shall extend to his majesty's dominions in America and be taken as a public act. Finesse End of an abstract of the Civil Law and Statute Law now in force in relation to piracy. End of an abstract of the Civil Law by Charles Johnson