The pirates of the New England coast, 1630-1730

by George Francis Dow; John Henry Edmonds

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.

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.