PRESENT.

THE Honourable WILLIAM DUMMER Esq Lieut. Governour and Com­mander in Chief of the said Province, President of the Court, and the other Honourable Commissioners hereafter named, viz.

• William Tail [...]r Esq
• Nathaniel By [...]ield Esq
• Addington Davenport Esq
• John Clark Esq
• Adam Winthrop Esq
• Jonathan Dowse Esq
• Samuel Thaxter Esq
• Spencer Phipps Esq
• Thomas Palmer Esq
• Pe [...] [...] Esq
• Benjamin Lynde Esq
• Thomas Hutchinson Esq
• Thomas Fitch Esq
• Jonathan Belcher Esq
• Paul Dudley Esq
• John Turner Esq
• Daniel Oliver Esq
• Edward Hutchinson Esq

The Honourable Samuel Sewall Esq Chief Justice of His Majesty's Superiour Court of Judicature, Court of Assize and General Goal Delivery within the said Province.

John Meinz [...]es Esq Judge of the Court of Vice-Admiralty.

Capt James Cornwall Esq Commander of His Majesty's Ship of War the Sheerness.

J [...]ah Willard Esq Secretary of the said Province.

Thomas Lechmere Esq Surveyor-General of North-America.

First Proclamation was made by the Cryer Commanding all Persons to keep Silence upon Pain of Imprisonment, whilst His Majesty's Commission for the Tryal of Pyracies, Felonies and Robberies, was in Reading.

Then His Majesty's Royal Commission was openly Read, and the Court So­lemnly and Publickly Called and Proclaimed

Then the Honourable William Dummer Esq President of the Court, took the Oath Appointed by the Statute, o [...] Act of Parliament on which the said Commissi­on was Founded, and afterwards Administred the same Oath to the other Com­missioners aforenamed.

[Page 4] Then the Court were pleased Unanimously to Appoint Mr. Samuel Tyley a Notary Publick within and for the County of Suffolk, and Province aforesaid, to be Register of the said Court, who was Sworn to the Faithful Discharge of that Office.

Then a Warrant issued out by Order of the Court, Signed by the Register; Di­rected to Arthur Savage Esq Marshall of the Admiralty, Requiring him forthwith to bring into Court Capt. William Atkinson Marriner; His Majesty's Advocate-General having Exhibited against him Articles of Piracy, Felony and Robbery.

Afterwards the Cryer of the Court made Proclamation for all Persons that could give Evidence for the King against any of the Prisoners to be Try'd for Pyracy, Felo­ny and Robbery on the High Seas, to come into Court, and they should be heard.

Then the said William Atkinson was brought to the Bar, and Arraigned upon Articles of Pyracy, Felony and Robbery Exhibited against him by Robert Auchmuty Esq His Majesty's Advocate-General.

The Register read the said Articles in the words following, viz.

To which Articles the said William Atkinson pleaded not Guilty.

Then the said Robert Auchmuty made the following Speech to the Court.

Afterwards, at the Motion of the Advocate-General, the Witnesses for the King were called, namely George Girdler late Master of the aforesaid Schooner, named the James, Joseph Marshall, and William Ferguson, Marriners, belonging to the said Schooner, who being Sworn, Testified, That the said Schooner was taken on the 23d of June last, as she lay too, a Fishing on Browns-Banks, so called, by a Snow called the Fames Revenge, one William Fly Master; who caused a Black Flagg to be hoisted, and fired a great Gun at her; but the Witnesses when they went on Board the Snow did not see the Prisoner Armed; that soon after they were taken, they saw another Schooner, whereupon the said William Fly sent Six of his Crew is pursuit of her in the Schooner which they had taken; and while they were in Chase of the other Schooner, the said William Atkinson the Prisoner at the Bar, with Three others on Board the Snow, seized the said William Fly, and put him in Irons, and also secured Three other Pirates on Board, now in His Majesty's Goal in Boston, namely Samuel Cole, Henry Greenvill, and George Condick, and brought the said Snow into the Harbour of Boston, where she now is. And no Witnesses appearing against the [Page 6] Prisoner, and he having made a very good Defence, The Court was Ordered to be Cleared. And after the Court had duly weighed and Considered the Prisoner's Case in private, they Voted Nemine Contradicente; that he was not Guilty.

Then the Court was Opened, and the Prisoner brought to the Bar again, and the President Pronounced him the said William Atkinson not Guilty: Where­upon he was Ordered to be Discharged, without paying any Fees, or Costs of Pro­secution.

Afterwards the Marshall of the Admiralty was Directed, by Warrant, to bring into Court Samuel Walker and Thomas Streaton, Marriners; His Majesty's said Ad­vocate having Exhibited against them Articles of Pyracy, Felony, & Robbery: and they were accordingly brought to the Bar, and Arraigned upon the said Articles, which the Register Read in the Words following, viz.

To which Articles the said Samuel Walker and Thomas Streaton severally plead­ed not Guilty.

Then the King's Advocate moved the Court, That the said William Atkinson, being now found Innocent of the Crimes where with he was Charged, might be admitted to give Evidence on His Majesty's behalf against the Prisoners at the Bar, which the Court consented to, and the said William Atkinson was accordingly Sworn.

And being Interrogated, saith, That he Agreed with Capt. John Fulker at North-Carolina, to come Passenger from thence to Boston in the Sloop John & Hannah, whereof the said Fulker was Master; But that on the Third of June last, as she lay at Anchor off Cape [...], they saw a S [...]ow [...]anding i [...] for the Harbour of Carolina, when the said Capt. Fulker, and the said Atkinson, with one other Passenger, namely [...] Ro [...]hand Samuel Walker, (one of the Prisoners at the Bar) who was Mate of the said Sloop, and one Boy, took the Sloops Boat, and went on Board the said Snow▪ Imagining the Captain of her might be a Stranger, and wanted a Pilot to carry her safely into the Harbour of Carolina▪ But after they had been on Board some time, they understood by the People, they were Pirates, and that she was then Commanded by one William Fly (now a Prisoner in Boston Goal) and that he, with others on Board, had in the Night time, in the Month of May last, surprized the Captain of her, viz. John Green, and Thomas Jen­kins the Mate, and thrown them overboard; But that Thomas Streaton one of the Priso­ners at the Bar, was in his Hammock, when the Fact was committed, and no ways con­senting to the Murther, as the Dep [...]nent understood, and was by the Crew put in Irons, and that he, together with the said Samuel Walker, the other Prisoner, were treat­ed as forced Men by the Pirates at the times of the several Captions of divers Vessels which happened afterwards.

Then George Girdler, Jos [...]ph Marshall, and William Ferguson, who belonged to the afore­said Schooner, were called and Sworn. And being asked as to the Prisoners Behaviour when the said Schooner was taken, They Declared, the Prisoners at that time Affirmed, that they were forced Men, and were two of the Men that afterwards seized & subdued the said William Fly, and the Three other reputed Pirates before-named.

Then the Court was Cleared and in Private. And after the Evidences produced had been duly considered, The Court Unanimously Voted, That the said Prisoners name­ly Samuel Walker, and Thomas Streaton, were not Guilty.

Whereupon they being brought to the Bar again, the President Pronounced them not Guilty. And the Court Ordered them to be Discharged without paying any Fees.

Then the Court was Adjourned to Three a Clock Post Meridiem.

[Page 8] The Court Met according to Adjournment, when His Honour the President, and all the Honourable Commissioners aforenamed were Present, except Captain James Cornwall Esq

THEN the King's Advocate moved the Court, That John Cole, John Browne, Robert Dauling, John Daw, James Blair, Edward Laurence, Edward Apthorp, and James Ben­brooke, Articled against for Piracy, Felony, and Robbery, might be brought into Court.

Whereupon a Warrant issued out, by the Courts Order, Directed to the Marshall of of the Admiralty Requiring him forthwith to bring them into Court, and accordingly they were brought to the Bar, and Arraigned upon the Articles Exhibited against them, which were Read, and are as follows, viz.

[Page 9] To which Articles the said John Cole, John Brown, Robert Dauling, John Daw, James Blair, Edward Lawrence, Edward Apthorp, and James Benbrooke, severally pleaded not Guilty.

Then the Witnesses for Our Sovereign Lord the King were called, and Sworn, namely Capt. William Atkinson, Samuel Walker, Thomas Streaton, George Girdler, Joseph Marshall, and William Ferguson. And upon their Examination, it came out in Proof, That on the Sixth Day of June last, the said John Cole, John Brown, Robert Dauling, John Daw, James Blair, & Edward Lawrence (Six of the Prisoners at the Bar) were taken in the Ship John and Betty, John Gale Commander off the Capes of Virginia, by the aforenamed William Fly, then Commander of the said Snow, by him called the Fames-Revenge, and detained on Board her, contrary to their wills: And that the said Edward Apthorp, one other of the Prisoners, belonged to the Sloop John and Hannah, John Fulker late Master, and went on Board the said Snow, with the said Fulker, Capt. Atkinson, and others, in order to Pilot her into Carolin [...]; And that James Benbrooke (the other Prisoner at the Bar) was afterwards, viz. on the Eleventh of June last, taken by the said William Fly, and his Crew on Board the Sloop Rachel, whereof Samuel Harris was Master, in her Passage from New York to Philadelphia. And all the King's Evidences before-named Testified, That the Prisoners were not active with the Pirates, in taking any Vessels, but were declared by the Pirates to be forced Men, and disapproved of their Piratical Acts: And it also Evidently appeared to the Court, that the said James Benbrooke was one of the Men that seized the said William Fly, and took his Sword from him, and broke it. And no other Witnesses appearing against the Prisoners, they were directed to make their Defence: which accordingly they did; And the King's Advocate thereupon Concluded the Prosecution by summing up the Evidence, and submitting the same to the Conside­ration of the Court. Afterwards the Court was Cleared; And having duly weighed and Considered the Matters Alledged, as well by the King's Witnesses, as by the Prisoners for themselves; the Court were of Opinion that they were not Guilty.

Whereupon they the said John Cole, John Brown, Robert Dauling, John Daw, James Blair, Edward Laurence, Edward Apthorp, and James Benbrooke, were again brought to the Bar, and the President, in the Name of the Court, Pronounced them not Guilty, And they were Ordered to be Discharged, without paying any Fees.

Then M [...]rrice Cundon, Marriner, against whom His Majesty's Advocate had Exhibited sundry Articles of Piracy, Felony, and Robbery, was brought into Court by the Marshall of the Admiralty, as by Warrant Directed, and Arraigned upon the said Articles, which were Read in the words following, viz.

To which Articles the said Morrice Cundon pleaded not Guilty.

The Witnesses on behalf of His Majesty were Sworn, namely Capt. William At­kinson, Thomas Streaton, and Samuel Walker. And it appeared by their respective Testimonies, That the said Morrice Cundon belonged to the said Snow while called the Elizabeth, and Commanded by Capt. Green, and that he was at Helm when Capt. Green, and his Mate, were thrown over-board by William Fly, and several others of the said Snows Company; But that the said Cundon was no ways Acting or Consenting thereto, or to any of the Acts of Piracy, and Robberies, afterwards committed; And therefore the said Fly talk'd of dismissing the Prisoner, the first Vesse [...] he took, and of getting another Man in his room. And further the Wit­nesses Deposed, that when the said Snow was taken by Capt. Atkinson, and others, the said Cundon exprest his Joy thereat. And in his own Defence, declared to the Court, that he never suspected the least design in any of the Snows Company, to Murder the said Capt. Green, and his Mate, before Fly came to him while at Helm, and threatned to blow out his Brains, if he stirr'd from the Helm: And then it was not in his power to prevent their Executing their wicked design, because most of the Snows Company were at that time upon Deck, Assisting in, or Consenting to the throwing of the said Capt. Green, and his Mate over-board: and it would have been a Rash Attempt, in him alone, to oppose them.

The Advocate-General Concluded this Prosecution, in Observing to the Court, That the Prisoner by no Act, discovered his Disapprobation of the Proceedings of such as were actually Concerned in the said Murther; and was therefore by Law a Principal, and Pray'd Judgment accordingly.

Upon which the Court was Cleared, and in Private; And after mature Delibera­tion, and Consideration of what the King's Witnesses Deposed, and the Priso­ner offered in his Defence; as also the Replication of the Advocate-General, The Court Voted, That the said Morrice Cundon is not Guilty.

Whereupon the Prisoner being brought again to the Bar, the President Pro­nounced him not Guilty; And the Court Ordered him to be Discharged without paying any Fees.

Then the Court was Adjourned to Tuesday the 5th. Day of July Instant, at Nine a-Clock, before noon.

PRESENT.

The Honourable WILLIAM DUMMER Esq Lieut. Governour & Commander in Chief, in and over the Province aforesaid, President of the Court, and the other Commissioners hereafter named. viz.

The Hon.

• William [...]ai [...]er Esq
• Nathaniel Byfield Esq
• Addington Davenport Esq
• John Clark Esq
• Adam Winthrop Esq
• Jonathan Belcher Esq
• Paul Dudley Esq
• John Turner Esq
• Thomas Palmer Esq
• Penn Townsend Esq
• Benjamin Lynde Esq
• Thomas Hutchinson Esq
• Thomas Fitch Esq
• Elisha Cooke Esq
• Jonathan Dowse Esq
• Samuel Thaxter Esq
• Daniel Oliver Esq
• Edward Hutchinson Esq

The Honourable Samuel Sewall Esq Chief Justice of His Majesty's Superiour Court of Judicature, Court of Assize, and General Goal Delivery for the Province aforesaid.

• John Meinzies Esq Judge of the Vice-Admiralty.
• Josiah Wi [...]ard Esq Secretary of the said Province.
• Thomas Lechmere Esq Surveyor General of North-America.

THe Court being Open'd by Proclamation, His Majesty's Advocate moved, That William Fly Marriner, lately Committed to the Goal in Boston, might be brought into Court, to make Answer to several Articles of Piracy, Felony, & Rob­bery Exhibited against him; And a Warrant issued out, by the Courts Order, Di­rected to the Marshall of the Admiralty, Requiring him to bring the said William Fly into Court; And accordingly the Prisoner was brought, and Arraigned at the Bar, upon the said Articles, which were Read, and are as followeth, viz.

To which several Articles the said William Fly pleaded not Guilty. The King's Ad­vocate thereupon made a Speech to the Court, in the words, or to the Effect following, viz.

May it please Your Honour, Mr. President, and the Honourable the Commissioners,

WIlliam Fly stands Articled against, for Acts of Piracy, Murder, Felony, and Robbery, committed upon the High Seas, and within the Jurisdiction of the Admiralty of Great Britain, Contrary to the Statutes in that case made and provided, and to the Peace of our Lord the King, His Crown and Dignity; to which [...]e has pleaded▪ Not Guilty.

I shall not Trespass upon Your Honours Patience in opening the Nature of Piracy, a Crime of the first Magnitude in the Catalogue of Capital Offences; this has been the work of others more [...] to the Performance. What I conceive necessary to offer, is the Consideration of that Hackney Defence made by every Pirate upon Trial, namely, That he was a forced Man, and in order to Strike the Passions they represent in moving terms, what dangers they en­counter'd, as the Risque of having their Brains blow'd, and what Severities they underwent, as Sweating & the like, before they departed from their native Integrity. All which, if prov'd, will not, strictly speaking, amount to an Exemption from Punishment; For neither Necessary, Major Vi [...], or Self-Preservation, can legally justify the Commission of an Act, Malum in [...] ▪ But unmask these Dreggs of Mankind, and then they will appear Blaspheming their Creator, Co [...]ing of Oaths, Embrewing their Hands in Innocent Blood, and [...]cking their Hellish In­ventions for un [...]eard of Barbarities.

This in a great measure will Turn out to be the dreadful Case of the Prisoner at the Bar, and Providence seems to point out his punishment, (which I pray God may be only Humane) not only in the wonderful manner of subduing him, but in that he is to be Try'd by your Ho­nours, whose great Justice & Judgment has been sufficiently Experienced, not to be imposed upon by the most sub [...]il Prosecution, to Convict the Innocent, or by the most Artful Pretences to acquit the Guilty. I shall therefore proceed to Examine the Kings Evidences which will In­vincibly prove the Articles against him, and thereupon doubt not of your Justice to His Ma­ [...]y, this Province, and to the Prisoner's Demerits in declaring him Guilty.

Then Morrice Cundon and Thomas Streaton, Witnesses in behalf of His Majesty were Called and Sworn.

And first, the said Morrice Cundon Declared, That on the 27th. Day of May [...]st, about One a-Clock in the Morning, while he was at Helm, William Fly then Boatswain of the Snow called the Elizabeth (belonging to His Majesty's Subjects in Bristol in Great Britain) after he had been sometime forward with several Sailors on Board the said Snow, came abauft, with some of them, viz. one Alexander Mitchell, and others, and said to the [Page 15] Deponent while at Helm these words, viz. Damn you, you Dog, if you stir Hand or F [...]t, or speak a Word, I'll blow your Brains out. And immediately thereupon the said Fly went into the Cabbin, where Captain Green was in Bed, and Alexander Mitchell follow'd him, and while they were there, the Deponent heard the said Captain Green, Cry out, what's the matter? and they soon hawled him upon Deck, and were about to throw him into the Sea; when the said Capt. Green applied himself to the said Fly the Boat­swain, saying, For God's sake, Boatswain, don't throw me overboard, for if you do I shall go to Hell: Then the said Fly bid the Captain say after him these words, viz. "Lord have Mercy upon my Soul. And soon after he was thrown overboard.

And the said Morrice Cundon, and Thomas Streaton both Deposed, that some Days after the Master and Mate were Drowned, they met a Ship called the Pompoy, which came from Jamaica in Company with the Snow, when the Captain of the Ship hail'd the Snow, and ask'd how Captain Green did; and Fly being upon Deck, made Answer, very well at your Service Sir.

Afterwards Capt. William Atkinson, Samuel Walker, Edward Apthorp, John Cole, Robert Dauling, John Brown, George Girdler, & James Benbrooke, Witnesses for the King were called and Sworn; and Testified, that they were all taken by the said Snow, and that the said William Fly Acted as Captain, when the several Vessels, (mention'd in the Articles) to which they respectively belonged, were taken; And at such times ordered the Black Flagg to be hoisted, and Encouraged the Pirates when they were backward, to go on Board the said Vessels. And the said William Atkinson particularly Deposed, That soon after the Caption of the Schooner, named the James, whereof the said George Girdler was Master, they discovered [...] her Schooner, whereupon the said Atkinson Advised the said Fly to Man the said Schooner James with some of his Hands & go in Chase of the said Vessel, as be­fore exprest by the said Atkinson, in his Defence made upon his Tryal; which the said, Fly accordingly did; And some short time afterwards the said Atkinson discovering other Vessels forward, diverted the said Fly from his Arms, which lay on the Quarter▪Deck; And while he was looking with his Glass to take fight of said Vessels, the said Atkinson and others, Overcame and subdued him, and Three other Pirates, as before is set forth.

After the Witnesses had been fully heard, the said William Fly was Informed by the Court, that then was his time to offer what he had to say in his own Defence; which he did, by Denying any hand in the Murther, and several other Facts Sworn to by the King's Witnesses: And thereupon the Advocate-General summ'd up and Enforc'd the Evidence, and gave the Law upon the Facts: and Concluded, that the Prisoner at the Bar was Legally Guilty of Murther, Piracy, Felony and Robbery, according to the Articles.

Afterwards the Court was Cleared, and in Private. And upon Deliberate Considera­tion of the several matters and things by the Witnesses Sworn to against the Prisoner, as also the Law thereupon; the Court Voted. That the said William Fly is Guilty of the several Articles Exhibited against him.

Then he was brought to the Bar again, when the President in the Name of the Court Pronounced the said William Fly Guilty. Upon which the Advocate, in behalf of His Majesty, demanded Sentence against the Prisoner. Who was thereupon ask'd if he had any thing to say why Sentence of Death should not be given against him; and shewing no sufficient Reason to the contrary, The President pass'd Sentence against him accord­ingly in the words following, viz. ‘You William Fly are to go from hence to the Place from whence you come, and from thence to the Place of Execution, there to be Hang [...]d up by the Neck until you be Dead, And the LORD have Mercy upon your Soul.’

Then the Prisoner was Remanded to Goal; and the Marshall of the Admiralty Di­rected to keep him in safe Custody.

[Page 16] Afterwards the Advocate-General moved the Court, That Samuel Cole, George Condick, and Henry Greenvill, Articled against for Piracy, and Robbery, might be brought into Court to receive their Tryal: Accordingly the Marshall, pursuant to the Warrant to him Directed and Deliver'd brought them to the Bar, where they were Arraigned upon the Articles Exhibited against them, which the Register Read in the words following, viz.

To which Articles the said Samuel Cole, George Condick, and Henry Greenvill, severally pleaded not Guilty. Then the Witnesses on His Majesty's behalf, Namely Morrice Cundon, and Thomas Streaton, Marriners, which Sail'd from Jamaica in the said Snow, were Called and Sworn.

And first, the said Morrice Cundon, Testified, That Samuel Cole, and Henry Greenvill, were both of them upon Deck, with others, when Capt. Green, and the Mate were thrown overboard, on the Twenty seventh of May last before Day.

And the said Thomas Streaton Deposed, That as he lay in his Bed in the Morning of that Day, between One & Two of the Clock, he heard Samuel Cole, one of the Prisoners at the Bar, say to Jenkins the then Mate, Come out of your Cabbin, you Dog, and pre­sently after he was haul'd out of his Bed upon Deck, and the Deponent heard some Body fall upon the Deck, which he believ'd to be Jenkins, and soon after one Winthrop told him, that he should go over-board after his Captain; and he was soon thrown in­to the Sea, where he called to the Doctor earnestly several times to hand him a Rope, but by that time the Doctor was put in Irons.

Afterwards William Atkinson, Samuel Walker, Edward Apthorp, and John Cole, were Sworn, and Testified▪ That the Prisoners were reputed Pirates when the several Vessels mentioned in the said Articles were Taken and Robbed; and upon all Occasions acted as such, never pretending to the contrary in the Deponents hearing; only the Dep [...] ­nents said, that Samuel Cole, the Quarter-Master, was put in Irons by [...] for Mutiny, and so was continued in Irons while the two last Vessels mentioned in the [...] [Page 18] Articles were taken; and that Condick was commonly the worse for Drink, and not able to bear Arms when several of the Vessels were taken; and for the most part was ser­viceable to the Pirates as their Cook.

Then the Prisoners were heard what they had to say for themselves: And the said Samuel Cole, and Henry Greenvill, deny'd that they had any hand in Murthering the said Capt. Green, and his Mate; but said they had both of them been cruel to the Men, and therefore they had agreed to rise upon them, and put them on shoar the first Land they made. And the said Cole and Greenvill also owned that they were with others upon Deck when the Captain and his Mate were thrown overboard▪ and the said Condick confess'd in like manner that he was consenting to the said Capt. Green, and his Mates, being put on shoar, but deny'd that he had any hand in their being Mur­thered, alledging that he was then in his Hammock asleep. Upon whom the Advocate Replied, That by Law the Prisoners Con [...]ederating and Consenting to do an Unlawful Act in Rising against their Commander (which by the Statute is declared Piracy) and forcibly pretending to put him on shoar, and Death ensuing, they were severally Guilty of Murther, if there were no other Evidence against the Prisoners: but the Advocate also summ'd up the Evidence against them in Support of all the other Articles, and Concluded in Demanding Judgment.

Whereupon Orders were given to Clear the Court: The Court being in Private, fully and deliberately weighed & Considered the Evidences against the Prisoners, and also the Defence made by them respectively, and the Advocate-General's Re­plication, and Voted, as follows, Viz.

1st. That the said Samuel Cole, is Guilty of all the four first Articles Exhibited against him, but not Guilty of the two last Articles.

2dly. That the said George Condick is not Guilty of the first Article of Murther Exhibited against him, but of the other five Articles the Court Voted him to be Guilty.

3dly, That the said Henry Greenvill is Guilty of all the Six Articles Exhibited against him.

Then the Court being Open'd, The said Samuel Cole, George Condick, & Henry Greenvill, were again brought to the Bar, when the President in the Name of the Court Pronounced them severally Guilty as aforesaid. And then the Advocate-General in His Majesty's behalf demanded Judgment against them.

Whereupon they were ask'd, what they had to say, why Sentence of Death should not be given against them. And they offering no sufficient Reason to the contrary, The President Pronounced Sentence against them in the words following, viz.

‘YOU Samuel Cole, George Condick, & Henry Greenvill, are to go from hence to the place from whence you came, and from thence to the place of Execution, and there to be Hanged up by the Neck, until you and each of you be Dead, And the LORD have Mercy upon your Souls.’

Then the Prisoners were Remanded to Prison, and the Marshall caution'd to take strict Charge of them. After which the Court was Adjourned to Six a Clock Post Meridiem.

The Court met according to the said Adjournment.

AND in Consideration that the beforenamed George Condick was commonly In­toxicated with Liquor, and an Ignorant Man, about Twenty Years of Age, having [Page 19] no hand (as appeared) in the Murther of the Captain, or Mate, and seldom taking up Arms at the Caption of any of the Vessels, but mostly was implo [...]ed as Cook on board the Snow; The Court Voted, That the said George Condick be Recommended to His Honour the Lieutenant Governour & Commander in Chief of this Province, for a Reprieve for Twelve Months, that so His Majesty's Pleasure by or before that time may be known concerning him the said Condick.

Afterwards, The Court proceeded to Consider when the Sentence against the said William Fly, Samuel Cole, & Henry Greenvill, should be put in Execution. And Voted, That they should be Executed on Tuesday the Twelfth Day of July In­stant, at the usual place for the Execution of Pirates, in or near Charles River, so called, between the Hours of Ten & Four of the Clock: And that the said William Fly, being the Chief Leader of them, his Dead Body should be carried from the Place of Execution to an Island called Nick's-Mate, near the Entrance of the Harbour of Boston, and there be Hung up in Chains. And His Honour the President was Desired by the Court to Sign the Dead Warrant, Commanding the Marshall of the Admiralty to put the aforesaid Sentences against them in Execution on the said Twelfth Day of July accordingly.