The extraordinary circumstances of this case probably induced the General Court to draw up the law that was enacted on Oct. 15, 1673. By it piracy became punishable by death according to the local laws. Before then a kind of common law was in force in the colony based upon Biblical law as construed by the leading ministers. Of course the laws of England were theoretically respected, but Massachusetts, in the wilderness, separated from England by three thousand miles of stormy water, in practice actually governed herself and made her own laws.
“The Court observing the wicked and unrighteous practices of evill men to encrease, some piratically seizing of shipps, ketches, &c. with their goods, and others by rising up against their commanders, officers, and imployers, seizing their vessells and goods at sea, exposing theire persons to hazard, &c. for the prevention whereof, and that due witnes may be borne against such bold and notorious transgressions,—
“This Court doeth order, & be it hereby ordered & enacted, that what person or persons soever shall piratically or ffelloniously seize any ship or other vessell, whither in the harbour or on the seas, or shall rise up in rebellion against the master, officers, merchant or owners of any such ship or other sea vessell and goods, and dispoyle or dispossess them thereof, and excluding the right owner or those betrusted therewith, every such offender, together with their complices, if found in this jurisdiction, shall be apprehended, and, being legally convicted thereof, shall be put to death; provided allwayes, that any such of the said company (who through feare or force have binn draune to comply in such wicked action), that shall, upon their first arrival in any of our ports or harbours, by the first opperturnity, repaire to some magistrate or others in authority, and make discovery of such a practise, shall not be liable to the aforesaid poenalty of death.”[25]
In July, 1684, this order was revised and it became unlawful for any person to “enterteyne, harbour, counsel, trade, or hold any correspondence by letter or otherwise with any person or persons that shall be deemed or adjudged to be privateers, pyrates, or other offenders within the construction of this Act.” The highest commissioned officer in any town or harbor was also impowered to issue warrants for the seizure of suspected privateers and pirates and he could raise and levy armed men to inforce the apprehension of such persons.
Pillars of Salt.
An HISTORY
OF SOME
CRIMINALS Executed in this Land
FOR
Capital Crimes.
With some of their Dying
Speeches;
Collected and Published,
For the WARNING of such as Live in
Destructive Courses of Ungodliness.
Whereto is added,
For the better Improvement of this History,
A Brief Discourse about the Dreadful
Justice of God, in Punishing of
SIN, with SIN.
Deut. 19, 20.
Those which remain shall hear & fear, and shall henceforth
commit no more any such Evil among you.
BOSTON in New-England.
Printed by B. Green and J. Allen, for Samuel Phillips
at the Brick Shop near the Old Meeting House, 1699.
On the evening of July 6, 1685, a small ketch hailing from New London, Conn., came to anchor before the town of Boston and the next morning the master, Capt. John Prentice, appeared before the General Court and gave information that he had been chased by a pirate until he had come in sight of the Brewster’s, at the mouth of the harbor. He deposed that while at New London, on July 1st, a sloop had put into that port commanded by one Captain Veale, and with him was one Harvey who was the merchant on board. Captain Veale asked Captain Prentice if he might “set his mast by the said Prentice’s Katches side,” which was done. A little later there came in a vessel from Pennsylvania commanded by Capt. Daniel Staunton who at once accused Veale and Harvey of piracy committed in Virginia. Staunton went before the local magistrate and repeated his charge and demanded that Veale and Harvey be arrested and tried as pirates. But the magistrate was a little uncertain of his authority and asked for security. While the matter was being discussed Harvey “went away from them in great hast, & got on bord & speedily sailed away in the said Sloop.”
Not long after Captain Prentice set sail in his ketch and on clearing the mouth of the harbor he saw a shallop at anchor with Veale’s and Harvey’s sloop hove to near by. A boat passed from the shallop to the sloop and soon the sloop stood to seaward firing guns several times and catching sight of Captain Prentice’s ketch made after her, the chase continuing until darkness came on when the course of the ketch was changed and in the morning nothing was seen of the sloop. Three days later, however, early in the morning, the sloop was sighted ahead under easy sail and after a time she bore up toward the ketch. Captain Prentice then ordered guns to be fired and also “spread his antient” and braced to for the sloop to come up. But Captain Veale brought to as well and kept to the windward for about an hour all the while firing guns. A severe thunder storm then coming up the sloop fell to the leeward but continued in chase of the ketch until the Brewster’s, off Boston harbor, came in sight, when the sloop bore away towards Cape Ann and Captain Prentice came to an anchorage before the town without further molestation.
Captain Prentice also reported that one Graham was in command of the shallop seen in company with Veale and that fourteen men were said to be on board. Captain Veale, while at New London, tried to buy of John Wheeler several small carriage guns offering three times their value. At the time he was well supplied with money. Nicholas Hallam, a sailor on board the ketch, testified before the magistrates that the men on board the suspected sloop had some silver plate with the letters and marks scratched out and also some fine clothing, including a plush cloak, a broadcloth petty-coat trimmed with broad gold lace and also “a pair of staies of cloth-of-Tishue.”[26]
The Court at once ordered drums to be forthwith beat up for a convenient number of volunteers not exceeding forty to man Mr. Richard Patteshall’s brigantine. Soon the Court was informed that the men did not readily offer themselves to the service of the country in the expedition against Veale and Graham, whereupon it was ordered “for their Incouragemt that free plunder be offered to such as shall Voluntarily list themselves or that a sufficient number of men be forthwith Impressed to that service.” Those willing to serve were directed to report “with sufficient & compleate Arms” to Mr. John Vyall at the ship Tavern “where Capt. Sampson Waters will enter their names & direct them presently to goe on board the Brigantine whereof Mr. Richard Patteshall is master.”