At a Justiciary Court of Admiralty held in the Court House in Boston, for and within His Majesty's Province of the Massachusetts-Bay in New-England on Friday the Eighteen Day of October, Anno Domini, 1717. by His Majesty's Commissioners especially Appointed and Cited, as the Law Directs, to Try, Hear and Adjudge Cases of Piracy, Robbery and Felony Committed on the High Seas, viz.

His Excellency Samuel Shute Esq Captain General, Governour, and Commander in Chief of this Province, and Vice Admiral, &c. President. The Honourable William Dummer Esq Lieutenant Governour of the Province. The Honourable Andrew Belcher, John Cushing, Nathaniel Norden, John Wheelwright, Benjamin Lynde, Thomas Hutchinson, and Thomas Pitch, Esqrs of His Majesty's Council for this Province. John Meinzies Esq Judge of the Vice Admiralty. Capt. Thomas Smart Commander of His Majesty's Ship of War the Squirrel, John Jekyll Esq Collector of the Plantation Duties.

HIS Excellency the Governour with the Commissioners above-named being Assem­bled, Upon the Motion of His Majesty's Advocate, The Statute Made in the Eleventh and Twelfth Years of King William the Third, with the several Continuations of it; Her late Majesty Queen Ann's Royal Commission of the 20th of October, in the Third Year of Her Reign, Pursuant to the abovesaid Act, under the Broad Seal of England, Constituting the Court, &c. The Proclamation Declaring His Present Majesty's Pleasure for continuing the Officers of His Majesty's Plantations till His Majesty's Pleasure should be further Declared, And also his Excellency's Commission & Instructions from the Crown were openly Read; and the Court Solemnly & Publickly called and proclaimed, and then his Excellency the Governour in the first Place took the Oath appointed in the said Act, And immedi­ately after Administred the same Oath to the several Commissioners. And then Samuel Tyley Gent Notary Publick was Sworn Register of the Court by the President. The Statute Directing that the Register of this Court shall be a Publick Notary. But the Judge of Admiralty and Advocate G. insisted, That the Register of the Court of Admiralty was the only Person lawfully qualified to act as Register on this occasion, he being by vertue of his Office a Notary Publick in matters within Admiralty Jurisdiction. And immediately after the Court Issued out a Warrant signed by the Register, Directed to the Sheriffs of the County of Suffolk in the Province aforesaid, requiring them forthwith to bring into Court the Bodies of Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, from His Majesty's Goal in Boston, they being Accused of and Imprisoned for Piracy, Robbery and Felony commit­ted on the high Sea. And accordingly the Sheriffs brought the Prisoners [Page 2] into Court, and having hold up their hands at the Bar, the Indictment Ex­hibited against them by Mr. Smith His Majesty's Advocate was Read to them by the Register, and is as follows:

The Indictment being Read, the Kings Advocate Moved the Court, That the Prisoners at the Bar should immediately plead Guilty or not Guilty, Al­ledging that the Statute so directed, and likewise the Civil Law. But Simon Van Vorst for himself & the rest of the Prisoners at the Bar, prayed the Court, That they might have the benefit of Council, before they pleaded, that so they might be well advised what to do. Which request the Court was plea­sed to Grant. Then they moved, That Mr. Auchmuty should be of Council for them; to which the Court Agreed.

[Page 4] Mr. Auchmuty being admitted, offered some Pleas to the Jurisdiction of the Court: And after a short hearing, the following Questions were propounded by the Prosecutors for the King, and submitted to the Courts Determination.

Viz.

Q. 1. Whether the Prisoners shall have liberty allowed them to plead a­gainst the Jurisdiction of this Court?

Q. 2. Whether the Prisoners Pleas against the Courts Jurisdiction (if al­lowed to be made) shall come on before they plead Guilty or not Guilty? And both the said Questions were Voted in the Affirmative.

Then it was alledged and pretended in behalf of the Prisoners, That the Commission of the late Queen Anne was of no force after Her Majesty's De­mise: And so the Court had no Power to act by vertue of the said Commis­sion, It having dyed with the Queen: And several Authorities in the Law were Cited and Insisted upon by the Prisoners Council to Maintain his Pleas and Allegations.

To which it was answered, That the Proclamation of His present Majesty King GEORGE, for Continuing Officers, and the subsequent Commission, and the Instructions from the Crown lately Transmitted to the Governour, referring to the Pirates was a sufficient justification of the Authority of the Court to proceed, act, adjudg and determine in all things according to the Powers and Authorities of the above-mentioned Act, which was still in full force; and that the cases which had been Cited, were not to the purpose; and thereupon the following Question was humbly referred to the Courts judgment. Viz.

Quest. Whether this Court hath a sufficient proper Jurisdiction & Trial of the Prisoners at the Bar▪ To which the Court Declared their Opinion in the Affirmative, Nemine Contradicente.

And then all the Prisoners held up their hands again at the Bar, and seve­rally pleaded, Not Guilty, Except John Shuan a French-man, who made known to the Court, That he did not understand English, and therefore was ignorant of what he was charged with in the Indictment. And thereupon Mr. Peter Lucy of Boston, Merchant (being a person of good Credit) was Sworn Interpreter between the Court and the said Shuan; and then by the Courts direction the said Lucy informed the said John Shuan in his own Language of the several Articles Alledged against him in the said Indictment, and then he held up his hand at the Bar and pleaded, Not Guilty.

The Prisoners having severally pleaded to the Indictment, desired Copies thereof, and a further day to prepare for their Trial.

The Court accordingly Ordered the Register without delay to serve the Prisoners with Seven several Copies of the Indictment, with the Names of the Kings Witnesses annexed: And also to issue out Citations to the Witnes­ses to appear at the next Adjournment. And then the Prisoners were sent back to Goal, and the Court was Adjourned to Tuesday the 22d. day of October, Instant, at Nine of the Clock Ante Meridiem.

At a Justiciary Court of Admiralty held in the Court House in Boston, for and within His Majesty's Province of the Massachusetts-Bay in New­England by Adjournment on Tuesday the 22d. of October, Anno Dom. 1717. by His Majesty's Commissioners especially Appointed & Cited, as the Law Directs, to Try, Hear and Adjudge Cases of Piracy, Robbery and Felony Committed on the High Seas, viz.

His Excellency Samuel Shute Esq Governour, Vice Admiral, &c. Presi­dent. The Honourable William Dummer Esq Lieutenant Governour. The Honourable Elisha Hutchinson, Penn Townsend, Andrew Belcher, John Cushing, Nathaniel Norden, John Wheelwright, Benjamin Lynde, Thomas Hutchinson, and Thomas Fitch, Esqrs of His Majesty's Council for this Province. John Meinzies Esq Judge of the Vice Admiralty. Capt. Thomas Smart Commander of His Majesty's Ship of War the Squir­rel, John Jekyll Esq Collector of the Plantation Duties.

THe Court being Opened and Proclamation made, Silence was Com­manded; And then Elisha Hutchinson and Penn Townsend Esqrs; Two of His Majesty's Council and Commissioners, being Sworn according to the Statute, took their Places on the Bench.

No Objection being made, by or in behalf of the Prisoners why their Trial should not proceed immediately: the Indictment was again Read.

The Kings Advocate observed to the Prisoners now at the Bar, That if they had any thing to say or alledge against the Indictment, It was then their proper time to do it. And there-upon their Procurator urged that one Thomas Davis a Prisoner in Boston Goal might be brought into Court, and allowed to give Evidence in behalf of the Prisoners; And to that end pray'd that their Trial might be deferred till the said Davis could be had to give Evidence for them. Which Motion was rejected by the Court, upon se­veral Authorities urged by the Advocate Gen. shewing, That the said Davis could not lawfully be admitted a Witness for the Prisoners, he being accu­sed of, and tho' not Indicted, yet in Custody for the same Crimes which they stand charged with. And so the Court Resolved to proceed to the Trial of the Prisoners at the Bar without further delay; And then their Procurator Resigned that Trust. Where-upon the Advocate Gen, made a Speech to the Court, to the following Effect.

Then the Witnesses for the King were called into Court, and the Prisoners were asked if they had any just Challenge or Objection to make against them; but none being offered, the Witnesses were severally Sworn in order following, Viz.

THomas Fitz Gyrald late Mate of the Pink Mary Anne of Dublin in Ire­land, Testifyeth and saith, That on or about the Twenty-fourth day of April last past, the said Pink lest Nantasket in New-England, bound for New York, under Command of Capt. Andrew Crumpstey; and on Friday the 26th day of the said Month, between the Hours of Four & Six of the Clock in the Morning, they discovered two Sail a-Stern, viz. a large Ship and a Snow, between Nantucket Shoals & St. Georges Banks, which came up with the Pink in the Morning, with the Kings Ensign and Pendant flying; the large Ship was found to be the Whido, whereof Samuel Bellamy a Pirate was Commander, Who ordered the Pink to strike her Colours, and then hoisted out their Boat, and sent the Seven Prisoners, now at the Bar, on board the said Pink, all Armed with Musquets, Pistols and Cutlashes, except Tho­mas South and John Shuan. And further the Deponent, Declares & saith, That the said Thomas South, soon after he came on board, Declared to him the Deponent his Intention to make his escape from the Whido, as soon as he could, but Shuan was very forward [...] active on board the Pink, altho' he had no Weapon with him.

That Thomas Baker went to the said Capt. Crumpstey with his Sword drawn, and ordered him to go on board the said Ship with all his Papers, and five of his hands, who were forced to obey, and accordingly Rowed on board the said Ship Whido in the Boat, while the Seven Pirates now at the Bar tarryed on board the Pink with the Deponent, and Alexander Mackconachy & James Dunavan. And in a little time after several more Men came from the Ship on board the Pink for some Wine, but finding it difficult to be come at, re­turned to their own Ship, with a small quantity of Wine and some Cloaths which belonged to the Ships Company. And soon after the Boat was again hoisted into the Ship, from whence he hail'd the Pink and gave orders to the Prisoners now at the Bar (who had forcibly taken Command of her) to Steer North-West and by North; Who answered, They would, and accor­dingly followed that Course, till about Four of the Clock in the afternoon, when the Ship and the Snow, which last was also taken and made a Prize of by Capt. Bellamy, and the Pink lay too, it being very thick, foggy Weather. And presently after the Snow came under the Ships Stern, and told Capt. Bellamy, They had made discovery of Land. Wherefore he ordered the Pink to Steer away North, which the Prisoners did; And when Night came on the Ship put out a Light a-Stern, as well as the Snow and the Pink: And al­so a Sloop from Virginia surprized and taken by Capt. Bellamy the same day; and then all of them made Sail again.

The Deponent further saith, That Capt. Bellamy Commanded the said Si­mon Van Vorst and Company on board the Pink to make more haste: Where­upon John Brown Swore, That he would carry Sail till she carryed her Masts away. That when the Deponent & Mackconachy were Prisoners, Simon Van Vorst told Mackconachy, That if he would not find Liquor he would break [Page 10] his N [...]k. Thomas Baker said they had got a Commission from King George, and Simon Van Vorst answered, We will stretch it to the Worlds end. The Prisoners at the Bar Drank plentifully of the Wine on board the Pink that day they took her; went to the Helm by turns and had the government of the Pink; and some of them ordered the Deponent to help to reef the Top­sail, and do other services; She proved Leaky, so all hands were forced to Pump hard, and therefore they Damn'd the Vessel and wished they had never seen her.

The Prisoners Van Vorst, Baker and Brown with the Deponent, were di­vided into two Watches, and about Ten a Clock at Night the Weather grew so thick, it Lightned and Rained hard, and was so very dark that the Pinks Company could not see the Shoar till they were among the Breakers: When the Deponent was at Helm, and had lost sight of the Pirate Ship, Snow and Sloop, and discerning that they were among the Breakers; they were about to trim the Head sail, but before they could do it the Pink run a-shore, oppo­site to Slutts-bush, so called, to the South-ward of Cape Cod, between Ten and Eleven a Clock at Night, about which time the Prisoners at the Bar or some of them (being fearful as the Deponent supposed lest they should be Apprehended on Shoar) Cryed out saying, For God's sake let us go down into the Hould & Die together. And the whole pinks Company tarry'd on Board her all that Night: And in their Distress the Prisoners ask'd the Deponent to Read to them the Common-Prayer Book, which he did about an Hour; And at break of Day they found the shoar-side of the Pink dry, so all of them jumpt out upon an Island, where they tarryed till about Ten a Clock, and eat Sweetmeats and other things taken out of a Chest, which Quintor and Shuan broke open, and drank of the Wines which came out of the Pink: About which time two Men, viz. John Cole and William Smith came over to the Island in a Cannoe, and carry'd the Pinks Company to the Main Land; and then Mackconachy discovered the Pirates, so that they were Apprehended by Warrant from Mr. Justice Doan at Eastham, from whence they were brought to Boston Goal. The Deponent further saith, That while they were on the Island, Brown and others would have him call himself Captain of the Pink, and give out that the Pirates on Board were his Men: and after the Prisoners had got on the Main Land they talked in divers Languages, and were in a great hurry to go to Rhode-Island the better to make their Escape, as the Deponent imagines.

JAmes Dunavan Mariner, late belonging to the Pink Mary Anne, and Brother-in-Law to Captain Crumpstey late Master thereof saith, That the said Pink belonged to Ireland, was Owned by the Subjects of the King of Great-Britain, and was Taken on the 26th Day of April last past, under English Colours by Samuel Bellamy Commander of the Pirate Ship Whido, That Simon Van Vorst and the rest of the Prisoners at the Bar came on Board the Pink Armed, and had their Pistols Charged with Powder and Ball, except Thomas South and John Shuan, and Ordered the Captain, with Five Hands more to go on Board the Ship with his Papers: And that the Pri­soners at the Bar steer'd the Pink after Bellamy's Ship, as he gave Orders. That they drank plentifully of the Wines on Board; That Thomas South's Behaviour in the Pink was civil and peaceable. The Deponent further saith, That he heard John Baker threaten to shoot Mackconachy, Cook of the Pink, thro' the head, because he steer'd to the windward of his Course; and said moreover, That he would make no more to shoot him, than he would a Dog; and that he should never go on shoar to tell his Story. That one of the Prisoners asked the Deponent what he thought they were? To which [Page 11] Baker, who stood by, said, That the King had given them a Commission to make their Fortune, and they were sworn to do it. After the Pink was cast on shoar, they said, They were in as bad a condition then as before.

ALexander Mackconachy, late Cook of the Pink Mary Anne of Dublin, saith, That on the 26th day of April last past, in the course of their Voyage from Nantasket to New-York, they were taken by a Pirate Ship called the Whido, Commanded by Capt. Samuel Bellamy, That all the Prisoners at the Bar came on Board the said Pink armed, except Thomas South and John Shuan, and made themselves Masters of the Pink; and that Simon Van Vorst ordered the Captain to go on board the Ship Whido, with his Papers and five of his hands. The Deponent further saith, That the Pink was cast away opposite to an Island, called Slutts-bush; and after the Prisoners were carryed to the Main Land they looked very sorrowful, and made all ima­ginable speed in order to escape from the hands of Justice. That Thomas South behaved himself Civily. That Thomas Baker cut down the Fore-mast & Mizen-mast of the pink when she run on shoar.

JOhn Brett Mariner, Testifyeth and saith, That in the Month of June 1716. he was taken by two Pirate Sloops, one Commanded by Capt. Samuel Bellamy, and the other by Capt. Labous; They Damn'd the Depo­nent, and bid him bring his Liquor on board; they carryed him to the Island of Pynes, and he was detained a Prisoner by them there Eighteen days; During which time John Brown was as active on board the Pirate Sloop as the rest of the Company: He told a Prisoner then on board, that he would hide him in the Hold, and hinder him from complaining against him, or telling his Story.

THomas Checkley Mariner saith, That he knows John Shuan the Priso­ner at the Bar, That he belonged to the Tanner Frigot one John Stouer Master, and sometime in March last the said Ship or Frigot was taken in the prosecution of her Voyage from pettyguavus to Old France, by Capt. Samuel Bellamy and Monsieur Lebous, they pretended to be Robbin Hoods Men. That Shuan declared himself to be now a Pirate, and went up and unrigged the Main top-mast by order of the Pirates, who at that time forced no Body to go with them; and said they would take no Body against their Wills.

MOses Norman says, That he knows Thomas Brown, and saw him in company with the Pirates belonging to Capt. Bellamy, & Monsieur Labous when the Deponent was taken with Capt. Brett in the Month of June, 1716. That he was carryed to the Isle of Pynes, and kept Prisoner Seventeen or Eighteen days, during all which time the said Thomas Brown was very active on board of Capt. Labous.

JOhn Cole saith, That on the Twenty-seventh day of April last he saw the Prisoners now at the Bar, in Eastham soon after they were cast on shore, That they tarryed a short time at his house, and look'd very much dejected and cast down; they enquired the way to Rhode-Island, and made great haste from his house, tho' he asked them to tarry and refresh themselves.

JOhn Done Esq saith, That hearing there were some pirates journeying to­wards Rhode-Island, he pursued them with a Deputy Sheriff and other Assistants, and seized the Prisoners now at the Bar at Eastham Tavern about the 27th of April last; When they confessed that they belonged to Capt. Bellamy Commander of the Ship Whido, and had taken the Pink Mary Anne in which they run on shoar.

After the afore-named Witnesses were examined, the Court in favour of the Prisoners by giving them time to make their Defence, Adjourned till three a Clock Post Meridiem.

The Court met about that time, and the Prisoners were sent for & brought again to the Bar. When the President observed to them, That this Court had given them time, till now, to make their own Defence; Then demand­ed what they had to say for themselves.

Simon Van Vorst alledged, That he was forced by Capt. Bellamy's Com­pany to do what he did, and would have made known his intentions to make his escape from the Pirates unto the Mate of the said Pink, but that he un­derstood by the Mates discourse that he inclined to be a Pirate himself; and therefore he did not discover his Mind to the Mate.

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

Thomas South alledged, That he belonged to a Bristol Ship, whereof one James Williams was Master; That he was taken by Capt. Bellamy, and forced to carry with him, otherwise was threatned to be put upon a desolate Island, where there was nothing to support him.

Thomas Baker saith, That he and Simon Van Vorst were both taken out of one Vessel; That he attempted to make his escape at Spanish Town, and the Governour of that Place seemed to favour his design, till Capt. Bellamy and his Company sent the Governour word that they would burn & destroy the Town, if that the said Baker, and those that concealed themselves with him were not delivered up. And afterwards he would have made his escape at Crab Island, but was hindred by four of Capt. Bellamy's Company.

Hendrick Quintor saith, That he was taken by Capt. Bellamy and Mon­sieur Labous, and they had agreed to let him go to the Coast of Crocus in the French Vessel which they took him in, but the Commander thereof soon after dyed, and so Capt. Bellamy would not permit him to proceed the said Voyage, and he was unavoidably forced to continue among the Pirates.

Peter Cornelius Hoof declares and saith, That he was taken by Capt. Bel­lamy in a Vessel whereof John Cornelius was Master, That the said Bellamy's Company Swore they would kill him unless he would joyn with them in their Unlawful Designs.

John Shuan by his Interpreter saith, That he was sick at the time when Capt. Bellamy took him, and went on board the Pirate Vessel at the Instance of Capt. Bellamy's Doctor, who advised him to stay with him till his Cure. And that when he went on board the Pink Mary Anne he did not carry any Arms with him; and that he hoped by going on board the Pink he should the sooner make his escape from the Pirates, for that he had a better way of getting his living than by Pirating.

[Page 13] THE Evidences for the King being fully heard, and also the Pleas & Alle­gations made by the Prisoners at the Bar; His Majesty's Attorney General in a very handsome and learned Speech summed up the Evidence, and made his Re­marks upon the whole; and after him the Advocate General having resumed the Articles of Indictment, the Depositions of Witnesses, and the Prisoners defences, observed to the Court, That their pretence of being forced out of the respective Ships and Vessels, they belonged to, by Bellamy and Labous, if it was true, can never excuse their Guilt, Since no case of Necessity can justify a direct violation of the Divine and Moral Law, and give one the liberty of Sinning, whatever ex­ceptions may be allowed from Laws purely Possitive, and humane establishments: But on the contrary, that they acted freely and by their own choice, is most plain and obvious, for when they had the fairest opportunity, that could have happen'd, to make their escape, if they had intended it, by means of the Weather, Wind and nearness of the Shoar, they were obstinately resolved rather to hazard the Vessel and their Lives, than lose company with the Whido. That Shuan and Souths going on board the Pink unarmed, is not material, nor does that circum­stance extenuate the Crime in the least; if the rest had gone without Arms, as they might with security enough, considering their Number, and the weak con­dition of those, they had to deal with, and that the Pink then lay under Bellamy's command, Can any Person imagine they would have been less criminal? Sup­pose one or two Ruffians having no Arms meet a Man in the High-way, and in­stead of threatnings and force, give him good Words, and at the same time put their hands in his Pockets and rob him of his Money, Are they not to be accoun­ted Robbers because they did not draw a Sword or Pistol? The guilt is incurred by possessing the Innocent Persons mind with such just apprehensions and dread of extream danger, as to determine him to avoid a greater evil by exposing him­self to a less one, that is to save his Life by delivering up his goods. That it appears evidently by the Deposition of Checkley, that Shuan at the time they both belonged to one Vessel voluntarily joyned the Pirates, and the three first Wit­nesses declare, That he acted his part on board the Pink with as much forwardness as the rest. That as to Souths inoffensive behaviour on board, and his inclination to make his escape, it shews the presure of his guilt, but does not take off the weight in the eye of the Law. He was a part of the Crew, marked in the Watch Roll, intituled to a share of the booty, and imployed in such interprizes, as none but experienced and accomplished Villains could have been trusted with, and tho' at last perhaps he might not seem so active as the rest, yet his very presence on board the Pink involved him in the same crime, and Facinus, quos inquinat, AEquat. Besides, it being proved by the Oaths of some of the Witnesses, That Bellamy and Labous did not press any body (nor indeed is it credible they would) and there being no reason to doubt of his listing himself amongst those, with whom we found him, his Repentance may save his Soul, but cannot except him from the punish­ment due to his crime: It being a Maxim both in Law and Morality, That an involuntary act taking its rise from an act that is voluntary, is likewise accounted vo­luntary. And as it hath ever been the glory of our August Monarchs to suppress Piracies by force & wholesome Laws, whilst other Nations have to their perpetual disgrace called Pirates to their assistance, and admitted them to a share of the Plunder. As the English Trade is in the utmost danger at present in America from the prodigious Number of Ships exercised in Piracies, and as Providence hath won­derfully preserved us by destroying their Capital Ship with her Numerous Crew, and hath no less wonderfully delivered into the hands of Publick Justice, the Prisoners at the Bar, to teach others by their Exemplary Punishment to abhor the barbarous and inhumane practices, which have been fully proved against them, and whereof they stand convicted. He humbly moved His Excellency and the Honourable the Commissioners to proceed to pass Sentence of Death upon all and each of them, they being all equally Guilty; and concluded with saying, That to shew the least Pity in matters of this Kind, where the Proofs are so full and Pregnant, and not the least presumption in favour of the Prisoners, would be the greatest cruelty. Unnum Pietatis genus, in hac re esse crudelem.

[Page 14] The Court was Cleared, and the Evidences and Pleadings there upon a­gainst the Prisoners, with their Defences, having been duly considered, and the Question put with respect to each of the Prisoners severally, Guilty or not Guilty. The Court Voted Simon Van Vorst, John Brown, Thomas Ba­ker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, Guilty of Piracy, Robbery, and Felony, according to the Indictment. But forasmuch as Thomas South at the time when the Pink Mary Anne was taken, went on board her without Arms in a Peaceable manner; and manifested and decla­red unto Fitz Gyrald the Mate of the Pink when she was in sight of the Ship Whido, and there was no sufficient grounds to hope for his escape, That he was taken from on board of a Jamaica Vessel and compelled utterly against his Will to joyn with the Pirates; And that he was fully resolved to leave them the first opportunity that should afterwards present, and his Behaviour and Carriage towards the Mate being always Civil and Kind; The Court were [...] opinion, and accordingly Voted, That Thomas South is Not Guilty.

Then the Prisoners were brought again to the Bar, and severally asked, (except Thomas South) Whether they had any thing further to say why Sentence of Death should not be Pronounced against them according to Law. And nothing being offered, more than what was said upon their Trial, by any of them, except John Brown; who pleaded the benefit of Clergy, which was denyed him, being contrary to Law; The President Pronounced the Decree of the Court against the said Simon Van Vorst, John Brown, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan in the words following. Viz.

THis Court having duly considered the Indictment & the Proofs of the several Articles contained therein, together with your Defences, Have found you Simon Van Vorst, John Brown, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, Guilty, of the Crimes of Piracy, Rob­bery and Felony, as is set forth in the Indictment, And do therefore Adjudge and Decree, That you Simon Van Vorst, John Brown, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, shall go hence to the Place from whence you came, and from thence you shall be carryed to the Place of Execution, and there you and each of you, shall be hanged up by the Neck until you & each of you are Dead; And the Lord have Mercy on your Souls.

And the Court do also ordain, That all your Lands, Tenements, Goods and Chattles be forfeited to the King, and brought into His Majesty's use.

President. Thomas South, The Court have found you not Guilty: Where­upon he put himself upon his Knees and Thanked the Court, &c. And af­ter he was duly Admonished and had Promised Amendment of Life, &c. he was Dismist, and taken out of the Bar.

Then Charge was given to the Sheriffs to take special Care of the Con­demned Prisoners, and the Court was Adjourned till Monday the 28th of October Currant at Nine a Clock in the Forenoon.

The Sentence was accordingly executed by Mr. Vincent Marshal of the Court of Admiralty, the Sheriffs assisting, on the 15th day of November following at Charlestown Ferry within flux and reflux of the Sea.

At a Justiciary Court of Admiralty held in the Court House in Boston, for and within His Majesty's Province of the Massachusetts-Bay in New­England by Adjournment on Monday the 28th. of October, 1717. by His Majesty's Commissioners especially Appointed & Cited, as the Law Directs, to Try, Hear and Adjudge Cases of Piracy, Robbery and Felony▪ Committed on the High Seas, viz.

His Excellency Samuel Shute Esq Governour, Vice Admiral, &c. Presi­dent. The Honourable William Dummer Esq Lieutenant Governour. The Honourable Elisha Hutchinson, Penn Townsend, John Cushing, Thomas Hutchinson, and Thomas Fitch, Esqrs of His Majesty's Council for this Province. John Meinzies Esq Judge of the Vice Admiralty. Capt. Thomas Smart Commander of His Majesty's Ship of War the Squir­rel, John Jekyll Esq Collector of the Plantation Duties.

THE Court being Opened by Proclamation issued out a Warrant Di­rected to the Sheriffs of Suffolk, Requiring them forthwith to bring into Court the Body of Thomas Davis from His Majesty's Goal in Boston, where he was Committed, being accused of Piracy, Robbery and Felony on the High Seas; and accordingly the Sheriffs brought the said Thomas Davis to the Bar of this Court: When Silence was Commanded, and after he was Arraigned, and the Indictment filed against him by His Majesty's Advocate, for the Crimes aforesaid was Read, and is as follows. Viz.

The Indictment being Read, It was moved to the Court by the Kings Advocate, That the Prisoner should immediately plead Guilty or not Guitly. But the Prisoner humbly moved the Court that he might have Council assig­ned him, which was allowed. And Mr. Volentine was admitted his Attor­ney; then the Prisoner held up his hand at the Bar, and pleaded Not Guilty. After which the Court ordered the Register to serve the Prisoner with a Copy of the Indictment, with the Names of the Witnesses annexed; and then Adjourned to Wednesday the 30th of October Currant at Nine a Clock in the forenoon.

At a Justiciary Court of Admiralty held in the Court House at Boston for and within His Majesty's Province of the Massachusetts-Bay in New-England, by Adjournment on Wednesday the 30th day of October, Anno Dom 1717. by His Majesty's Commissioners specially appointed & Cited as the Law directs to try, hear and adjudge cases of Piracy, Robbery and Felony Committed on the High Seas, viz.

His Excellency Samuel Shute, Esq Governour, Vice Admiral, &c. President. The Hon. William Dummer Esq Lieut. Governour. The Hon. Elisha Hutchinson, Penn Townsend, John Cushing, Nathaniel Paine, John Otis, John Wheelwright, Thomas Fitch, Edmund Quincey, Esqrs of His Majesty's Council for this Province. John Meinzies Esq Judge of the [Page 17] Vice Admiralty, Capt. Thomas Smart Commander of His Majesty's Ship of War the Squirrel, John Jekyll Esq Collector of the Plantation Duties.

Intra.

• Thomas Davis.
• Mr. Smith Advocate G. Prosecutor.
• Mr. Dudley Attorney G.

• Curia Legitime Affirmata, Mr. Valentine, Procurator in Defence.

The Prisoner by order of Court being brought to the Bar, The Kings Advocate moved, That if the Prisoner's Council had any just Objections a­gainst the Indictment, that it would be proper to make them before the Wit­nesses on His Majesty's behalf were examined; but no Objections being offered, he spoke in the manner following.

Then the Kings Evidences were called into Court, and no objections a­gainst them being made by the Prisoner.

OWen Morris Mariner was first Examined upon Oath, Who Solemnly Testifyed & Declared, That he knew the Prisoner at the Bar, That he belonged to the Ship St. Michael whereof James Williams was Master; And in the Month of Sept. 1716. they left Bristol bound to Jamaica, & in Decemb. fol­lowing the said Ship was taken by two Pirate Sloops, one commanded by Capt. Sam Bellamy, & the other by Loues Lebous, about Twenty Leagues off Sabria, That they gave the said Williams his Ship and detained the Prisoner because he was a Carpenter & a Single Man, together with Three others of the Ships company. And further the Deponent saith, That the Prisoner was very un­willing to go with Bellamy, and prevailed with him by reason of his Intreaties to promise that he should be discharged in the next Vessel that was taken: And afterwards the Deponent was again taken in the Ship Whido, command­ed by Capt. Prince by the said Capt. Bellamy, who was then commander of the Ship Sultania, taken from Capt. Richards, as the Deponent understood, and then he saw the Prisoner aboard the said Ship; at which time the Priso­ner reminded the said Bellamy of his promise: when he asked him, If he was willing to go, He answered, Yes: and then the said Capt. Bellamy replied, If the company would consent he should go: And thereupon he asked his com­pany, If they were willing to let Davis the Carpenter go? Who expressed [Page 19] themselves in a Violent manner, saying, No, Damn him, they would first shoot him or whip him to Death at the Mast.

Thomas South Mariner, lately taken by Capt. Samuel Bellamy in the Pi­rate Ship Whido cast away upon this Coast, and discharged upon his Trial, was admitted an Evidence, and being accordingly Sworn, saith, That the said Bellamy while he was in command of the said Ship Whido, took a Scotch Ves­sel off the Capes of Virginia last Spring, Cut down her Masts & sunk her: That he heard the said Thomas Davis went on board her; but did not see him. That this Deponent thought it not prudent to be too farmiliar with the Prisoner, because it might tend to create a jealousy in the pirates; that the Deponent and the Prisoner (whom they suspected, because he was a for­ced Man) would run away together. The Deponent saith further, That Capt James Williams commander of the Ship St. Michael (whose Carpenter the Prisoner was) Intreated the said Capt Bellamy when he took him to let the Prisoner go. But the Ships company would by no means consent there­to by reason he was a Carpenter; and Swore that they would shoot him before they would let him go from them.

Capt. John Brett Mariner Sworn, saith, That he was taken by Capt. Sa­muel Bellamy, before the Ship Sultana was taken from Capt. Richards, and then it was the Custom among the Pirates to force no Persons, but those that remained with them were Volunteers.

Capt. Thomas Fox Sworn, saith, That he was taken by the Pirates in July last, and robbed, and they Questioned him, Whether any thing was done to the Pirates in Boston Goal: The Deponent answered, He knew nothing a­bout them. And in particular a Dutch-man belonging to the Pirates, asked him about his confort a Dutch man in Boston Prison; and said, That if the Prisoners suffered they would Kill every body they took belonging to New­England.

Seth Smith Prison-keeper in Boston Sworn, saith, That when the Prisoner at the Bar was first brought to Goal, his illness hindred their talking toge­ther; but sometime after as they were discoursing, the Deponent observed to the Prisoner, That if he would be ingenuous & make a confession, he might save his Life, and be a good Evidence against the other Pirates in Prison. To which the Prisoner made answer, That he was abused by several of the Pirates that were Drowned, and was glad he had got from them, but knew nothing against the rest of the Pirates in Prison.

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

Capt. Isaac Morris Sworn, saith, That on the 14th of Sept. 1716. he was taken by the Pirates, but knows nothing of Capt. Bellamy or his Accomplices.

Capt. Thomas Glyn being brought into Court by the Sheriffs, and Inter­rogated upon Oath, saith, That he never knew the Prisoner till he was com­mitted to Goal for Piracy, that he frequently afterwards conversed with him, but knew nothing against him.

After which the Prisoner was desired by the President to speak for him­self, Who said, That he was Carpenter of the Ship St Michael whereof James Williams was Capt. and Sailed out of Bristol in Great Britain in the Month of Sept. 1716. bound for Jamaica; and in Decemb. following the Ship was taken about Twenty Leagues off Sabria by two Pirate Sloops commanded by Capt Samuel Bellamy, and Monsieur Lebous, who carryed the Ships com­pany to the Island of Blanco where they were detained till the Ninth day of [Page 20] January last, when he and fourteen other Prisoners were put on board the Sultan Galley, then under the said Bellamy's command who had taken her from Capt. John Richards: And afterwards took another Ship called the Whido, in which Ship to his great grief & sorrow, he was forced to come up­on this Coast, where she was cast-away: And he with one John Julian only escaped Drowning He further saith, That he was no way active a­mong the Pirates, only as he was compelled by them.

Then Mr. John Valentine the Procurator in Defence of the Prisoner obser­ved to the Court, That if he believed the Prisoner to be guilty of the crimes, for which he was Indicted, he should not appear on his behalf: That he ho­ped this Honourable Court upon consideration that there was little or no­thing said, much less proved against the Prisoner, they would acquit him as being Innocent, for that in all Capital crimes there must be down-right Proofs and plentiful Evidence to take away a Mans Life, and then he made the fol­lowing remarks on the Evidences. Viz.

That Owen Morris Testifyed, That the Prisoner at the Bar was forced and constrained against his Will to continue with the said Capt. Bellamy and his company. And it appears by the Oath of Thomas South as well as by Morris, That the Prisoner desired Capt. Bellamy to release him upon his Cap­tion of another Vessel according to his Promise, but his company would not consent thereto; And altho' South says, that he believes the Prisoner was on board the Scotch Vessel when her Masts were cut down, yet the Prisoner ut­terly denies it, and Souths belief was grounded upon hear-say.

Capt. Bretts Evidence serves only to inform the Court that the Pirates did not Press Men before the Prisoner was taken, but it is well proved, That when they took the Prisoner they compelled him to be among them, to his great sorrow and grief.

The Evidence of Thomas Glyn avails nothing, and if the Prisoner had been never so Guilty, his confession made in Prison, shall not be taken as Evidence against him on the Trial. And whereas the prisoner stands charged in the Indictment with Accumulative crimes; the Procurator in Defence was plea­sed to say, That in the Trial of my Lord Strafford his Attainder was reversed because he was Indicted upon Accumulative Crimes, which is contrary to Act of Parliament.

Then Oliver Noyes Esq was Sworn, and Declared, That he heard Capt. Richards say, That when he was taken by Capt. Bellamy, the Prisoner at the Bar was very desirous to be released & cryed, giving out that he was undone by being detained among them. And one of the Pirates hearing him lament his sad condition, said, Damn him, He was a Presbyterian Dog, and should fight for King James, &c.

Peter Osgood Mariner Sworn, saith, That he well knew the Prisoner, That he was a Sober, Honest Man, of good Conversation &c.

John French Sworn, saith, That he has known the Prisoner above a Year & an half being frequently with him at Bristol, and in Antegoa, that he had a good Character, and was reputed an Honest Man, &c.

Capt. John Corney Sworn, saith, That he knew the Prisoner at Antegoa, when he was Carpenter to Capt. Moor, and never heard any harm of him.

Capt. Samuel Shrimpton lately Arrived here from Jamaica, Sworn, saith, That he heard one of Davis's company say, That Davis the Prisoner was a forced Man, and he would Swear it.

Mr. Valentine moved, That an Affidavit under the firm Seal of a Notary Publick in Great Britain, and in favour of the Prisoner should be read in open Court, but his Motion was rejected, being contrary to Act of Parliament, which directs that all Evidences respecting Pirates shall be given into Court Viva Voce.

[Page 21] The President asked the Prisoner, What he had to say for himself: The Prisoner answered, He was not on board of the Scotch Ship that was sunk as was reported; and that he humbly conceived the Evidence produced in order to his condemnation sufficiently proved his Innocence: That his At­torney had fully spoke his Mind & Sentiments, and therefore he should not trouble this Honourable Court any longer in his Defence, or to that purpose.

THE Evidence on both sides being closed, the Advocate General reduced the whole under the following Heads. That the Indictment consisted chiefly of two parts. The first charges the Prisoner with Piracy committed by him some­time in February or March last, in the Windward passage on an English Ship na­med the Whido; the second with another Piracy about a Month after on a Scotch Vessel off the Capes of Virginia.

As to the first, Morris Depones, that when he was taken with Capt. Prince in the Whido he saw the Prisoner on Board the Piratical Ship Sultana, and heard Bellamy ask him, if he was willing to go, which necessarily proves that the Pri­soner at that time was under no confiement, but one of the Crew, otherwise no such question could have been put to him. This he himself ac­knowledges and in his Confession v. Append. further declares, that tho' at first the old Pirates were a little shy of the new ones, and it seems not without good reason, they being only 80 in number to 130, yet in a short time the New Men being sworn to be faithful, and not to cheat the Com­pany to the Value of a Piece of Eight, they all consulted and acted together with great unanimity, and no distinction was made between Old and New. Capt. Brett, who was likewise taken by Bellamy expressly says, that it was not the Pirates custom to Force any Person, and that such as were amongst them were Volun­teers. And whatever Sentiments the Prisoner might entertain of his Companions, it is plain from Capt. Fawke's Evidence that they had a very tender concern for him. Had he been really affected with so much grief and sorrow as he pretends, it was not impossible for him to have made his Escape at some of the Places where he touched before he came on this Coast, viz. Blanco, the Spanish Main, Testages and Long-Island; but it is not so much as suggested, that ever he attempted it, nor is it to be presumed as matters stood; the spoil was not yet divided, and it is obvious he expected to receive his share V. Ap..

To the second, South declares, that Bellamy took the Vessel cut down her Masts and afterwards sunk her, that the Deponent being Sick at that time was told by Bellamy's Crew, and does believe, that the Prisoner went on Board the Vessel: And further saith, that the Pirates could not be prevail'd with to dis­charge the Prisoner because he was a Carpenter. The truth is, Bellamy sent the Prisoner and another Carpenter on Board, who by his Order cut away the Masts and bored a hole in the bottom of the Vessel, and so destroyed her. This was a piece of work properly belonging to Carpenters, and it was for performing such Services the Prisoner made himself so acceptable and necessary to his Accompli­ces. To take off the weight of this Evidence it is said, that it is only Hear say, but the Court will consider that the Deponents belief, as it is grounded on the con­stant Reports of 120 Persons, to whom the Fact must needs have been notoriously known, is no less certain, than if he had seen the Fact committed. But admiting the Prisoner not to be directly concerned in sinking the Vessel, yet it is clear be­yond contradiction, that he was on board the Whido, and one of the Crew, that surprized and took her, and consequently Guilty of Piracy; the other Facts laid in the Indictment being only circumstances, which help to give light to the discovery of his Crimes.

For the manner of proof required in capital Crimes, especially such as are Atrocious, as in the present case, He referred the Court (in answer to what was alledged on that point in behalf of the Prisoner) to the Authorities produced al­ready, adding, that if the Crimes did appear by the Qualifications and Circum­stances as they were libelled, to be made out by undoubted presumptions, altho' every circumstance be not proved by two direct Witnesses, the same ought to be held for Clear & Plain Evidence. And as to the Exception touching Accumulative Crimes, no reply seem'd needful, it being founded on a palpable Mistake, as if Accumulative probation and Accumulative Crimes were the same.

[Page 22] He observed in the last place, that the only plausible Argument offered in de­fence of the Prisoner was his being taken and detained by Force, which he could not possibly withstand, and since Necessity has no Law, and every Man is carried on with an irresistible Ardour to any means of preserving himself, some perhaps might believe him innocent, as not being answerable for the Crimes, which for his own safety he was obliged to commit; therefore to prevent any mistake that might happen concerning this important Point, he Pray'd His Excellency and the Honourable Bench to consider,

That Force can never justify nor excuse an Action, that is contrary to the Di­vine and Moral Law, for as it cannot be committed without expressing indirectly at least some contempt for the supreme Legislator, it would be the highth of im­piety to think that these Laws can admit any exception of Cases of Necessity. A Man [says the very Heathen Cic. ad Attic. Lib. 13.] must take care in every Moment of his Life not to recede a hairs breadth from the dictates of a good Conscience on any account whatever. Seneca's as­sertion, that extream Necessity, which he calls the great protection of Humane weak­ness, cancels and breaks thro' every Law Lib. 4 Controv. 17.. is restricted only to Civil Constitutions and Establishments Gro [...] de Jur- [...]bel. lib. 2. c. 2. § 6., and even with respect to these it is a certain and infallible rule, that altho' the doing an Action, which is prohibited▪ may be a sure way to escape an imminent danger, yet if the evil thereby occasioned be greater or even equal to what is avoided, the Law allows no exception of neces­sity. If a Man, for instance, is in danger of being kill'd or rob'd, he may lawfully in his own defence kill the aggressor, Quia versatur in re ilicita; but if to ward off the danger he should kill or rob a third person, whom he knows to be innocent, he is without doubt punishable as a Murderer or Robber. The Roman Law ex­empts Children and Servants acting in Obedience to their Father's and Master's command from Punishment, it being presumed they are obliged to submit L. Velle ff. Reg. Jur., but in their perpetrating atrocious crimes, that presumption ceases and the Law considers them as free Agents L. ad ea ff. end. Tit.. And indeed if the doctrine of Hobbes & [...] had prevailled, i. e. that extream necessity may dispense with and supersede all Obligations Moral and Civil, there would have been no Mar­tyrs in the Church, no examples of Loyalty in the State [...] or honour left amongst Men. In vain did Joseph prefer a Dungeon to the imbraces of his Mistress, the Fathers of this People a far distant Wilderness to the charms of their Native Land, and the Noble Papinian death to the greatest Dignity & splendor

To conclude, The Crimes charged upon the Prisoner being direct Violations of the Laws of Nature as well as His Majesty's, and the proofs adduced being suffi­cient to convict him, He ought to suffer the pains of death, &c.

Where-upon the Court was cleared, and after a short debate, were of Opinion that there was good proof of the Prisoners being forced on board the Pirate Ship Whido (in which he was cast on shoar) which excused his being with the Pirates; and that there was no Evidence to prove that he was Accessory with them, but on the contrary that he was forced to stay with them against his Will. And this Question being put, Whether Thomas Davis is Guilty of Piracy, Robbery and Felony according to the Indictment, or not? The Court Voted, That the said Thomas Davis is Not Guilty. And in less than half an Hour the Prisoner was brought again to the Bar, And the President declared, That the Court found him Not Guilty of the crimes for which he was Indicted; So he put himself on his Knees, Thanked the Court, &c. and was dismissed with a suitable Admonition. And then the Court Adjourned to Monday the Thirtieth day of December next at Nine a Clock Ante Meridiem.