CHAPTER VII

JOHN QUELCH AND HIS CREW WHO WERE HANGED IN BOSTON AND THEIR GOLD DISTRIBUTED

About the middle of May, 1704, there came to anchor in the harbor of Marblehead, the “Charles,” a brigantine of some eighty tons burden, commanded by one Capt. John Quelch. This newly-built vessel had been fitted out the previous summer by Charles Hobby, Col. Nicholas Paige, William Clarke, Benjamin Gallop and John Colman, leading citizens and merchants of Boston, as a privateer to prey upon French shipping off the coast of Acadia and Newfoundland. She was commissioned on July 13, 1703 by Governor Dudley in the usual manner and her commander, Capt. Daniel Plowman, was then given his instructions governing his conduct while in the pursuit of pirates and the Queen’s enemies.

After receiving her equipment and while riding at anchor off Marblehead, Captain Plowman was taken sick and on Aug. 1, 1703 sent a letter to his owners informing them that he was unable to take her to sea on account of his severe illness. He may have realized at the time the character of the crew that he had shipped, for he wrote proposing that the owners of the “Charles” come to Marblehead at once and “take some speedy care in saving what we can. The Lieutenant the Bearer can give you a full Account.” One of the owners went to Marblehead the next day but found the captain too sick to see him. A survey of the situation resulted in a recommendation to his associates that the vessel be sent out as planned but under another captain. This intelligence reached Captain Plowman and he aroused sufficiently to send another letter urging that the vessel be sent to Boston and declaring that “it will not do with these people” (meaning his crew), to send the vessel out under a new commander and the sooner the guns and stores were landed on shore the better it would be for all concerned. However, before the owners could take effectual measures in relation to the vessel, she went to sea. It afterwards appeared that before sailing, the crew, under the lead of one of their number, had locked Captain Plowman in his cabin and John Quelch, the lieutenant-commander, had come on board and after a conference with the crew had taken command and steered a course to the southward. Sometime after Quelch assumed command the captain was thrown overboard, but whether alive or dead is not known.

In November, 1703, the “Charles” was off the coast of Brazil and during the next three months Quelch made nine captures,--five brigantines (the largest being about forty tons), a small shallop, two fishing boats, and a ship of about two hundred tons loaded with hides and tallow and carrying twelve guns and about thirty-five men. These vessels were the property of subjects of the King of Portugal, an ally of the Queen of England, and from them Quelch secured rich booty including a hundred weight of gold dust, gold and silver coins to the value of over one thousand pounds, ammunition, small arms and a great quantity of fine fabrics, provisions and rum.

When Quelch planned his descent on Portuguese shipping he may not have known of the treaty of amity and alliance between Great Britain and Portugal that was signed in Lisbon on May 16, 1703, and which contained the following section:--

“XVIII. Piratical ships, of whatever nation, shall not only not be permitted or received into the ports which their Portugueze and Brittanic Majesties, and the States General of the United Provinces, possess in the East Indies, but shall be deemed the common enemies of the Portugueze, the English and the Dutch.”

However that may be, Quelch was well aware that few gold mines existed in the dominions of the French King, with whom England was at war, and that the loot of French ships promised less valuable spoil than might be found in the South Atlantic. His avarice led to his undoing.

Not long after the “Charles” came to anchor in Marblehead harbor, on her return from pillaging Portuguese shipping, the crew began to disappear. Some of them went to Salem and from there found their way to Cape Ann, while others went to Rhode Island. The sudden departure of the vessel less than a year before was recalled and the fishing village became very skeptical of the story told by Captain Quelch of the recovery of great treasure from a wreck in the West Indies. The _Boston News-Letter_, the first newspaper published in the Province of the Massachusetts-Bay, had begun publication only a short time before and the fifth number issued announced the arrival of the “Charles” in the following words:--

“Arrived at _Marblehead_, Capt. _Quelch_ in the Brigantine that Capt. _Plowman_ went out in, are said to come from _New-Spain_ & have made a good Voyage.”--_Boston News-Letter_, May 15-22, 1704.

The owners of the vessel having previously learned nothing of the fortunes of their privateering venture became suspicious. Not long after her sudden departure they had concluded that she was bound for the West Indies and had written to various West India ports in the hope of obtaining some trace of the missing vessel and recovering their property, but without success. Colman and Clarke now filed a written “information” with the Secretary of the Province and the Attorney-General. This was on the twenty-third of May, the day following the publication of the news of the arrival of the “Charles,” and the Attorney-General, Paul Dudley, the son of the Governor, at once set out to capture Quelch and his crew. Judge Samuel Sewall, Acting Chief Justice of the Superior Court, who was returning from a visit to relatives in Newbury, records in his diary that he stopped that day to “Refresh at Lewis’s [in Lynn], where Mr. Paul Dudley is in egre pursuit of the Pirats. He had sent one to Boston.”

The next day, May 24th, Lieutenant-Governor Povey, acting during the temporary absence of the Governor, issued a proclamation announcing:--

“Whereas _John Quelch_, late Commander of the Briganteen _Charles_ and Company to her belonging, _Viz. John Lambert_, _John Miller_, _John Clifford_, _John Dorothy_, _James Parrot_, _Charles James_, _William Whiting_, _John Pitman_, _John Templeton_, _Benjamin Perkins_, _William Wiles_, _Richard Lawrence_, _Erasmus Peterson_, _John King_, _Charles King_, _Isaac Johnson_, _Nicholas Lawson_, _Daniel Chevalle_, _John Way_, _Thomas Farrington_, _Matthew Primer_, _Anthony Holding_, _William Rayner_, _John Quittance_, _John Harwood_, _William Jones_, _Denis Carter_, _Nicholas Richardson_, _James Austin_, _James Pattison_, _Joseph Hutnot_, _George Peirse_, _George Norton_, _Gabriel Davis_, _John Breck_, _John Carter_, _Paul Giddins_, _Nicholas Dunbar_, _Richard Thurbar_, _Daniel Chuley_ and others; Have lately Imported a considerable Quantity of Gold dust, and some Bar and coin’d Gold, which they are Violently Suspected to have gotten & obtained by Felony and Piracy, from some of Her Majesties Friends and Allies, and have Imported and Shared the same among themselves, without any Adjudication or Condemnation thereof, to be lawful Prize. The said Commander and some others being apprehended and in Custody, the rest are absconded and fled from Justice.”

All officers, civil and military, were commanded to apprehend the said persons and secure their treasure.

[Illustration: JOSEPH DUDLEY, GOVERNOR OF MASSACHUSETTS, WHO PRESIDED AT THE TRIAL OF CAPTAIN QUELCH

From an original painting in possession of the Massachusetts Historical Society]

Within two days the assiduous Mr. Dudley had safely landed in Boston gaol Quelch, Lambert, Miller, Clifford, Dorothy, Parrot and Wiles. William Whiting lay on a sick bed at Marblehead and was likely to die. Two others were sick at Marblehead. James Austin was in gaol at Piscataqua (Portsmouth) and another pirate was in Salem gaol. On Friday, May 26, news from Newport, R. I., reached Boston that five of Quelch’s crew had bought a small decked boat and sailed the day before, it was supposed, for Long Island; but the news of the piracy arriving by an express from Boston about the time of their departure, one of the men had been seized and was being sent to Boston the constable of each intervening town delivering the prisoner to the constable of the next town and so on in like order.

Gov. Joseph Dudley having returned to Boston and not content with the proclamation issued by the Honourable Mr. Povey, issued a new one over his own name in which he included the name of Christopher Scudamore among the suspected pirates and also stated definitely that their gold and treasure had been taken from the subjects of the Crown of Portugal, “on whom they have also acted divers Villanous Murders.” All sheriffs were required to publish immediately the proclamation in the principal towns and cause it to be posted up in all other towns. A proclamation was also issued by Governor Cranston in Rhode Island. Soon Scudamore, Lawrence and Pimer were in custody and several parcels of gold dust were in the possession of the authorities.

The Governor was very keen to secure the gold dust brought in by Quelch and on the 6th of June he appointed a Commission of Inquiry consisting of Samuel Sewall, Acting Chief Justice of the Superior Court, Nathaniel Byfield, Judge of the Court of Admiralty, and Paul Dudley, Attorney-General, “to repair to Marblehead, & to send for and examine all persons of whom they shall have Information or just ground of suspition, do conceal and detain” gold and treasure brought in by the pirates, “either at Marblehead or parts adjacent, and to take what they shall find into their hands; as also to secure any of the Pirates.” The next day the Commission rode to Salem arriving there about eight o’clock in the evening and were informed by Samuel Wakefield, the water bailey,[82] of a rumor that Captain Larramore, in the “Larramore Galley” at Cape Ann, had turned rogue and several of Quelch’s company designed to go off in her. The Commission at once issued a warrant to Wakefield to go to Gloucester and investigate the matter and if true to seize the men. He got away from Salem about midnight. By this time about seventy ounces of gold and an equal weight of silver plate had been brought to the Council in Boston by different persons who had received it from Quelch or his men.

The next morning, June 8th, in a heavy rain, the Commission rode over to Marblehead and held a court before an open fire at Captain Brown’s house and there they spent the night. About six o’clock the next morning, before they were out of bed, an express arrived from Cape Ann bringing information of “9 or 11 Pirats, double arm’d, seen in a Lone-house there.” Colonel Legg of Marblehead, the colonel of the Essex South Regiment, was sent for and directed to order out at once companies for service at Cape Ann and like orders were sent to Colonel Wainwright at Ipswich, the colonel of the Essex North Regiment. Judge Sewall records in his diary that he incorporated in his letter to Colonel Wainwright, as a gentle prod to that estimable gentleman, the information “we were moving thither our selves to be Witness of his forwardness for Her Majesties Service.”

Judges Sewall and Byfield then rode over to Salem and Major Stephen Sewall, clerk of the Inferior Court, got a shallop, the “Trial,” and the pinnace belonging to Salem Fort and with about twenty men of his military company started for Cape Ann by water while Sewall and Byfield, escorted by a troop of horse, went overland. At Beverly, the local troop were starting and at Manchester the military company “was mustering upon the top of a Rock.” Excitement was rampant but there was no great anxiety to hunt pirates. Meanwhile Attorney-General Dudley and Colonel Legg had sailed for Gloucester direct from Marblehead and on arriving learned that Captain Larramore had already sailed and taken the pirates on board at the head of the Cape near Snake Island. Judge Sewall records what followed.

“When we came to Capt. Davis’s we waited Brother’s arrival with his Shallop Trial, and Pinnace: When they were come and had Din’d, Resolv’d to send after Larramore. Abbot was first pitch’d on as Captain. But matters went on heavily, ’twas difficult to get Men. Capt. Herrick pleaded earnestly his Troopers might be excus’d. At last Brother offer’d to goe himself: then Capt. Turner offer’d to goe, Lieut. Brisco, and many good Men; so that quickly made up Fourty two; though we knew not the exact number till came home, the hurry was so great, and vessel so small for 43. Men gave us three very handsom cheers; Row’d out of the Harbour after sun-set, for want of wind. Mr. Dudley return’d to Salem with Beverly Troop. Col. Byfield and I lodg’d at Cape Ann all night; Mr. White pray’d very well for the Expedition Evening and morning; as Mr. Chiever had done at Marblehead, whom we sent for to pray with us before we set out for Gloucester. We rose early, got to Salem quickly after Nine. Din’d with Sister, who was very thoughtfull what would become of her Husband. The Wickedness and despair of the company they pursued, their Great Guns and other war like Preparations, were a terror to her and to most of the Town; concluded they would not be taken without Blood. Comforted our selves and them as well as we could.”

Major Stephen Sewall with his company of volunteers in the shallop and pinnace followed the course of the “Larramore Galley” and reached the Isles of Shoals about seven o’clock the next morning where they sighted the galley as they approached. The men were “rank’d with their Arms on both sides the shallop in covert; only the four fishermen were in view.” As the expedition drew near they saw the boat belonging to the galley go ashore with six hands including three of the pirates, “which was a singular good Providence of God” as Judge Sewall piously commented afterwards. When the shallop approached nearer Larramore’s men at last saw the large number of men on board and “began to run to and fro and pull off the aprons from the Guns, and draw out the Tamkins [tampions], but when Major Sewall ordered his men to stand and show themselves ready to fight Larramore quickly abandoned all signs of resistance. Seven of the pirates were seized and with them over forty-five ounces of gold dust. The officers of the galley were also taken and with the galley in tow the expedition triumphantly returned to Salem “without striking a stroke or firing a gun.” While passing Gloucester, there being little wind, the men from the Cape were sent ashore at Eastern Point with the information that two of the pirates William Jones and Peter Roach, had mistaken their way and were still on the Cape. Strict search was immediately made by the town’s people and “being Strangers and destitute of all Succors they surrendered themselves and were sent to Salem Prison.”

Before the return of the expedition a warrant had been issued for the apprehension of Captain Larramore and the _News-Letter_ of June 5-12 announces that two more of the pirates, Benjamin Perkins and John Templeton, were in custody and that “His Excellency intends to bring forward the Tryal of _Quelch_ and Company now in Custody for Piracy within a few days.” This prompt decision was in keeping with the haste displayed thus far and boded ill for the looters of Portuguese treasure. Their ill-gotten spoil was reputed to be immense and much of it was likely to fall into the hands of the Court, in fact, a considerable weight of gold had already been secured making certain the distribution of handsome rewards and large fees to the informers and all officials concerned in their capture and prosecution. Twenty-five of the pirates were then in custody. The “Charles,” when she arrived at Marblehead had forty-three white men on board and of this number eighteen got away without capture.

[Illustration:

THE

Arraignment, Tryal, and Condemnation,

OF

Capt. John Quelch,

And Others of his Company, _&c._

FOR

Sundry _Piracies_, _Robberies_, and _Murder_, Committed upon the Subjects of the King of _Portugal_; Her Majesty’s Allie, on the Coast of _Brasil_, &c.

WHO

Upon full Evidence, were found Guilty, at the _Court-House_ in _Boston_, on the Thirteenth of _June, 1704_. By Virtue of a Commission, grounded upon the Act of the Eleventh and Twelfth Years of King _William_, _For the more effectual, Suppression of Piracy_. With the Arguments of the QUEEN’s Council, and Council for the Prisoners upon the said Act.

PERUSED

By his Excellency _JOSEPH DUDLEY_, Esq; Captain-General and Commander in Chief in and over Her Majesty’s Province of the _Massachusetts-Bay_, in _New-England_, in _America_, &c.

To which are also added, some PAPERS that were produc’d at the Tryal abovesaid.

WITH

An Account of the Ages of the several Prisoners, and the Places where they were Born.

_LONDON_:

Printed for _Ben. Bragg_ in _Avemary-Lane_, 1705.

(Price One Shilling.) ]

The Governor’s announced intention of a prompt trial resulted in the holding of a Court of Admiralty at the Town House in Boston. The building stood at the head of what is now State Street and on Tuesday June 13, 1704, Joseph Dudley, Esq., “Captain-General and Governor in Chief of the Provinces of the _Massachusetts-Bay_ and _New-Hampshire_ in _New-England_ in _America_,” sat as President of the Court and with him were Lieutenant-Governor Thomas Povey; the Lieutenant-Governor of the Province of New-Hampshire, John Usher; Nathaniel Byfield, Judge of the Vice-Admiralty; Samuel Sewall, First Judge of the Province of the Massachusetts-Bay; Jahlael Brenton, Esq., Collector of Her Majesty’s Customs in New England; Her Majesty’s Council in the Province of the Massachusetts Bay, twelve in number; and Isaac Addington, Esq., the Secretary of the Province. That morning Major Sewall, attended by a strong guard, brought to Boston the pirates that had been confined in Salem and gave to His Excellency a full account of his adventures while in pursuit of Quelch’s men. The _News-Letter_ states that “The service of Major _Sewall_ and Company was very well Accepted and Rewarded by the Governor,” and this is borne out by an entry in the Council records showing that £132.5.0 was ordered “paid out of the Treasure imported by the said Pirates,” to Major Sewall, Captain Turner and other officers of his company. This amount included a “gratification” made to these gentlemen for special services rendered.

The Court of Admiralty having assembled and proclamation for silence having been made, the statute made during the reign of King William, “An Act for the more effectual Suppression of Piracy,” was read and John Valentine, a Notary Publick, was sworn by the Governor as Register of the Court. The President of the Court and his Associates were then sworn in turn and the Court was opened by three proclamations as a “Court of Admiralty for the Tryal of Pirates.” A warrant was sent to the keeper of the prison to bring Capt. John Quelch before the Court which then adjourned for dinner to reassemble at three o’clock in the afternoon. At that time “_Matthew Pymer_, _John Clifford_, and _James Parrot_ (the first of whom had surrendered himself quickly after his Arrival to his Excellency the Governor) were brought to the Bar, and Arraigned upon several Articles of Piracy, Robberry, and Murder, drawn against Captain _Quelch_, and others his Accomplices.” These three men pleaded guilty and then were ordered to “stand within the Bar, and to be Sworn as Witnesses on Her Majesty’s behalf.” Quelch was next brought to the bar and on being arraigned pleaded not guilty and asked the Court if he “might not have Council allow’d him upon any Matter of Law that might happen upon his Tryal,” and also that time be granted to prepare for the same. The Court replied that the articles under which he had been arraigned were “plain Matters of Fact,” but it did assign as council for the prisoner, James Meinzies, a Scotchman living in Boston, an attorney-at-law of ability who afterwards became Register of the Court of Vice-Admiralty. He seems to have defended the accused with skill and learning and to have called the attention of the Court to important objections to its course of procedure; but his personal relations with the Court and the unpopularity of his side of the case may have been an influence indicating how impolitic it was to contend too persistently against the obvious opinions of the Court. Twenty other prisoners were arraigned and then the Court adjourned until the next Friday morning at nine o’clock when further time was prayed for and adjournment was made until the following Monday morning, the Court refusing Attorney Meinzies motion that meanwhile “the Queen’s witnesses might be kept asunder until the Prisoners came upon their Tryals.”

On Monday, June 9, 1704, Quelch was brought for trial and his irons were taken off. The nine articles of his indictment accused him of piracy, robbery and murder. As “Lieutenant” of the brigantine “Charles” he had neglected the orders of the owners and refusing to set on shore Matthew Pymer and John Clifford (witnesses for the Queen), who “dreading your Pyratical Intention, earnestly desired the same,” had directed a course for Fernando Island off the coast of Brazil, and while thereabouts had piratically taken various vessels belonging to subjects of the King of Portugal, “Her Majesty’s good Allie,” among them a ship of about two hundred tons burden, killing the captain and wounding several of the crew and from the several vessels had secured a rich booty. The chase of the ship had lasted for nearly two days. One of the Queen’s witnesses testified that it was Scudamore, the cooper of the brigantine, who had killed the Portuguese captain with a petard, but there was some dispute among the men as to which of them it was who killed him. From the various testimonies it appeared that Captain Plowman’s cabin door had been fastened with a marlin spike which was done by order of Anthony Holding who planned with others to seize the vessel. When Quelch came on board he didn’t object to what had been done or what was planned. Holding, who was among those who had escaped, was really the ringleader but Quelch was made commander, perhaps because he understood navigation.

There were three negroes in Quelch’s company--Cæsar-Pompey, Charles, and Mingo, who also were tried, for, as the Queen’s Advocate, Mr. Dudley, said in open court, “The Three Prisoners now at the Bar are of a different Complexion, ’tis true, but it is well known that the First and most Famous Pirates that have been in the World, were of their Colour.” The two first were shown to be Mr. Hobby’s slaves and that they didn’t run away from their master but were forcibly carried away by Captain Quelch. They were not active during the voyage and only did as they were commanded. They were the cooks on the brigantine and also sounded the trumpet when ordered. The Court cleared them whereupon they were “ordered upon their knees.”

Among the crew of one of the captured vessels was a Dutchman, originally from Jutland, who entered himself for the remainder of the voyage, but because the company voted that he should not have a full share in the loot he threatened to inform against them when he came on shore with the result that he was given a gun and some powder and shot and set ashore at once.

Although by the civil law at that time the testimony of an accomplice was not admissible, yet the Court permitted the greatest latitude in the testimony of witnesses and also disregarded the prevailing rules of procedure in not excluding interested witnesses. At no time did it appear that Quelch had killed the Portuguese captain; in fact, the testimony showed that Scudamore probably was the man who did it. The prosecuting Attorney-General in his speech to the Court said that the accused

“After obtaining a Commission to draw the Sword to fight the open and declared Enemies of Her Sacred Majesty, instead of drawing it against the French and Spaniards, they have sheathed it in the Bowels of some of the best Friends and Allies of the Crown at this bay ... instead of fighting for Honour with the French, or Money with the Spaniards, they must go and surprize a few honest and peaceable Men, and our good Friends.”

And so it came about that Quelch, Lambert, Scudamore, Miller, Peterson, Roach and Francis King had sentence of death pronounced against them. Fifteen of the crew who had pleaded “not guilty,” withdrew their pleas and asked for the mercy of the Court. The sentence of death was passed upon them but only two of the fifteen were executed. The rest remained in prison until July 19th of the next year when “Her Majesty’s most gracious pardon” was communicated to the Council and in open Court their chains “were knocked off,” on condition that they enter the Queen’s service. At the time of the trial two of the men had been acquitted on paying the prison fees. Wilde broke out of prison in September, 1704, but was apprehended the following June and again committed to close prison.

Quelch came from Old England as did most of his crew. He was born in London and was about thirty-eight years old. Scudamore had been apprenticed to a cooper in Bristol, England; Miller came from Yorkshire; Peterson was a Swede; Roach was an Irishman; and King was born in Scotland. Of the New England men, John Lambert may serve as an example typical of the rest. He was born in Salem and at the time of his execution was about forty-nine years old. His father and grandfather were fishermen and he, too, doubtless followed the sea although in deeds he is called a “ship wright.” At the time that he sailed with Quelch he was married and had children. In his testimony during the trial he claimed that he was sick in the gun room at the time the captain was confined in his cabin and that he was forced to go on the voyage to the south. However, during the voyage he was as active as the rest and accepted his share of the spoils, but claimed that if he had not accepted, the company might have killed him or set him ashore on some desolate island where he would have starved to death. However that may be he suffered death with the others. A broad-sheet issued at the time, giving an account of the “Behaviour and last Dying Speeches of the Six Pirates, that were Executed on Charles River, Boston Side, on Fryday, June 30, 1704,” states that on the gallows Lambert “appeared much hardened and pleaded much on his Innocency: He desired all men to beware of Bad Company; he seemed in a great Agony near his Execution.”

Previous to the day of the execution “the Ministers of the Town had used more than ordinary Endeavours to Instruct the Prisoners, and bring them to Repentance. There were Sermons Preached in their hearing Every Day; And Prayers daily made with them, And they were Catechised; and they had many occasional Exhortations, And nothing was left that could be done for their Good,”--so says the broad-sheet. It must have been a harrowing ordeal for the victims. The Reverend Cotton Mather, who never failed to be present at public executions, preached a sermon which was printed under the title of “Faithful Warnings to prevent Fearful Judgments,” and he and another minister walked with the condemned in solemn procession on that Friday afternoon, from the prison to Scarlett’s wharf, when “the silver oar” was carried before them as they continued by water to the place where the gallows had been set up between high- and low-water mark off a point of land just below Copp’s hill “about midway between Hudson’s Point and Broughton’s warehouse.”[83] The condemned were guarded by forty musketeers and the constables of the town and were preceded by the Provost Marshal and his officers. Great crowds gathered to see the execution. Judge Sewall in his diary comments on the great number of people on Broughton’s hill, as Copp’s hill was called at that time.

“But when I came to see how the River was cover’d with People, I was amazed: Some say there were 100 Boats. 150 Boats and Canoes, saith Cousin Moodey of York. Mr. Cotton Mather came with Capt. Quelch and six others for Execution from the Prison to Scarlet’s Wharf, and from thence in the Boat to the place of Execution about midway between Hanson’s [_sic_] point and Broughton’s Warehouse. When the scaffold was hoisted to a due height, the seven Malefactors went up: Mr. Mather pray’d for them standing upon the Boat. Ropes were all fasten’d to the Gallows (save King, who was Repriev’d). When the Scaffold was let to sink, there was such a Screech of the Women that my wife heard it sitting in our Entry next the Orchard, and was much surprised at it; yet the wind was sou-west. Our house is a full mile from the place.”

[Illustration:

_Faithful Warnings to prevent Fearful Judgments._

Uttered in a brief DISCOURSE, Occasioned, by a Tragical Spectacle, in a Number of Miserables Under a Sentence of Death for PIRACY.

At BOSTON in N. E. _Jun. 22. 1704_

Deut. XIII. 11.

_All Israel shall hear, and fear, and shall do no more any such wickedness as this is among you._

Occultam culpam sequitur aperta percussio. _Cassiodor._

_Boston_, Printed & Sold by _Timothy Green_, at the _North_ End of the Town. 1704. ]

According to the custom of the time the bodies remained hanging on a gibbet until by decay they gradually disappeared.[84] There was an exception made, for some reason, in the case of Lambert for his body was turned over to his widow after his son and others had made petition to Judge Sewall. It was buried that night about midnight in the old burying ground “near some of his relatives.”

In his speech on the gallows Quelch warned the people to “take care how they brought money into New England, to be Hanged for it” and he also asked “Gentlemen, I desire to be informed for what I am here. I am condemned only upon Circumstances.” Peterson also complained of the injustice done him; and said, “it is very hard for so many mens Lives to be taken away for a little Gold.”[85]

While the trial was yet in progress, accounts of charges in connection with the seizure of Quelch and his company began to come in. Judge Sewall and his Commission of Inquiry were awarded £25.7.10 for their sitting at Marblehead and journey to Cape Ann. Paul Dudley, the Attorney-General, received £36 for his work, while Meinzies, who defended the prisoners, was given £20 and then only after petitioning the Council on Aug. 4th for the usual fee “according to Custome in the like Case.” Sheriff Dyer for his service was paid five pounds and Thomas Bernard “for erecting the gibbet” was awarded forty shillings additional “to be paid out of the treasure.” By the time all accounts had been adjusted the sum of £726.19.4 had been “paid out of the treasure.”

By October, 1705, the officials of the Province were ready to turn over to the Crown what remained of the “Coyn’d, Bar and Dust Gold imported by Capt. John Quelch.” This was weighed by Jeremiah Dummer, the Boston goldsmith, and found to be 788 ounces and after being placed in five leather bags, properly marked and sealed, it was sent by H. M. Ship “Guernsey,” to the “Lord high Treasurer of England for her Majesty’s use,” and so ended what has been characterized as “one of the clearest cases of judicial murder in our American annals,”[86] save that Governor Dudley’s personal interest in the case appeared on May 27, 1707 when there was awaiting his order in London, the “royal bounty” awarded to him as his share of the “pirate money.” Not long after the trial of the pirates the Rev. Cotton Mather quarrelled with the Governor and published in London in 1708--“The _Deplorable State_ of New England, By Reason of a _Covetous_ and _Treacherous_ Governor,” in which appears the following paragraph indicating that acts of piracy at that time were not confined entirely to the high seas.

“III There have been odd _Collusions_ with the Pyrates of Quelch’s Company, of which one Instance is, That there was Extorted the Sum of about Thirty Pounds from some of the Crue, for Liberty to Walk at certain times in the _Prison_ Yard; and this Liberty having been Allow’d for Two or Three Days unto them, they were again Confined to their former Wretched Circumstances.”

[Illustration: REV. COTTON MATHER, PASTOR OF THE SECOND (NORTH) CHURCH, BOSTON, 1685-1728

From a mezzotint by Peter Pelham after a portrait painted in 1728.]

FOOTNOTES

[82] Water bailiff:--a custom house officer charged with the duty of searching ships.

[83] The place of the execution was about where the North End Park bathing beach is today.

[84] In the summer of 1755, two negro servants of Capt. John Codman of Charlestown, poisoned their master. Phillis, the woman servant and the principal in the murder, was burned at the stake at Cambridge and Mark, her accessory, was hanged and then gibbetted on Charlestown Neck. Three years later Dr. Caleb Rea of Wenham, while on his way to Ticonderoga, rode by and stopped to inspect the body of Mark. He recorded in his diary that “the skin was but little broken altho’ he had been hanging there near three or four years.”

[85] These pirates were tried under authority conferred by a commission sent over in accordance with an Act of the 11th and 12th year of William III, authorizing the trial of pirates by Courts of Admiralty, out of the realm. The commission sent to New England was dated Nov. 23, 1700. This commission required that all trials should be conducted “according to the civil law” of the Province, which at that time required two innocent witnesses against each defendant necessary for a conviction, and in no case was the testimony of an accomplice admissible. Moreover, by the Act under which the commission was issued, principals only were triable in the Admiralty Courts held in the Provinces; accessories were expressly required to be sent to England for trial. We learn from the _Boston News-Letter_ of the third week in July, that Captain Larramore and Lieutenant Wells, of the “Larramore Galley,” had been sent for England in the express sloop “Sea Flower,” Captain Cary, for trial as “Accessaries in endeavouring to carry off the 7 Pirates.... He carries also with him three Evidences of their crime committed.” All the men on board the pirate brigantine could not be considered as principals. In fact, only six men were executed and the rest of those condemned to death at the same time were afterwards set free. Only such as could be shown were principals in committing acts of piracy or murder could be sentenced by the court. All others must clearly be sent to England to be tried by jury. Nothing in the somewhat detailed report of the trial that was printed in London at the time, shows that the accused were even given the benefit of a doubt either as to the law or the testimony. For an analytical summary of this trial, see _Acts and Resolves of the Province of Massachusetts Bay_, _Vol._ VIII, p. 397.

[86] _Acts and Resolves of the Province of Massachusetts Bay_, Vol. VIII, p. 397.