The enforcement of the English statute relating to piracy was variously interpreted in the Colonial courts, and local enactments sometimes superseded it in actual practice. Previous to 1700, the statute required that men accused of piracy should be sent to England to be tried before a High Court of Admiralty. Pound, Hawkins, Bradish, Kidd, and other known pirates were accordingly sent in irons to London for trial. But the difficulties and delays, to say nothing of the expense, induced Parliament by an Act of 11 and 12 William III, to confer authority by which trials for piracy might be held by Courts of Admiralty sitting in the Colonies. On the other hand, the Massachusetts Court of Assistants in 1675 found John Rhoades and others, guilty of piracy. This was in accordance with an order adopted by the Great and General Court on October 15, 1673. When Robert Munday was tried at Newport, R. I., in 1703, it was by a jury in the ordinary criminal court, in open disregard of the King's commission.
The Courts of Admiralty held in the Colonies were composed of certain officials designated in the Royal commission, including the Governor, Lieutenant-Governor, the Judge of the Vice-Admiralty for the Province, the Chief Justice, the Secretary, Members of the Council, and the Collector of Customs. Counsel was assigned to the accused to advise and to address the Court "upon any matter of law," but the practice at that time was different from the present. Accused persons in criminal cases were obliged to conduct their own defence and their counsel were not permitted to cross-examine witnesses, the legal theory at the time being that the facts in the case would appear without the necessity of counsel; that the judge could be trusted to see this properly done; and the jury would give the prisoner the benefit of any reasonable doubt.
Trials occupied but a short time and executions generally took place within a few days after the sentence of the Court was pronounced. During the interval the local clergy labored with the condemned to induce repentance, and all the terrors of hell were pictured early and late. Usually, the prisoners were made the principal figures in a Sunday spectacle and taken through the streets to the meetinghouse of some prominent minister, there to be gazed at by a congregation that crowded the building, while the reverend divine preached a sermon suited to the occasion. This discourse was invariably printed and avidly read by the townsfolk, so that few copies have survived the wear and tear of the years. From these worn pamphlets may be learned something of the lives and future of the prisoners as reflected by the mental attitude of the attending ministers.
The day of execution having arrived, the condemned prisoners were marched in procession through the crowded streets safely guarded by musketeers and constables. The procession included prominent officials and ministers and was preceded by the Marshal of the Admiralty Court carrying "the Silver Oar," his emblem of authority. This was usually about three feet long and during the trial was also carried by him in the procession of judges to the courtroom where it was placed on the table before the Court during the proceedings.
Time-honored custom, and the Act of Parliament as well, required that the gallows should be erected "in such place upon the sea, or within the ebbing or flowing thereof, as the President of the Court ... shall appoint," and this necessitated the construction of a scaffold or platform suspended from the framework of the gallows by means of ropes and blocks. When an execution took place on land, that is to say, on solid ground easily approached, it was the custom at that time to carry the condemned in a cart under the crossarm of the gallows and after the hangman's rope had been adjusted around the neck and the signal had been given, the cart would be driven away and the condemned person left dangling in the air. In theory, the proper adjustment of the knot in the rope and the short fall from the body of the cart when it was driven away, would be sufficient to break the bones of the neck and also cause strangulation; but in practice this did not always occur.
When pirates were executed on a gallows placed between "the ebb and flow of the tide," the scaffold on which they stood was allowed to fall by releasing the ropes holding it suspended in mid-air. This was always the climax of the spectacle for which thousands of spectators had gathered from far and near.
Not infrequently the judges of a Court of Admiralty had brought before them for trial a pirate whose career had been more infamous than the rest. A cruel and bloody-minded fellow fit only for a halter,—and then the sentence to be hanged by the neck until dead would be followed by another judgment, dooming the lifeless body of the pirate to be hanged in chains from a gibbet placed on some island or jutting point near a ship channel, there to hang "a sun drying" as a warning to other sailormen of evil intent. In Boston harbor there were formerly two islands—Bird Island and Nix's Mate—on which pirates were gibbeted.[94] Bird Island long since disappeared and ships now anchor where the gibbet formerly stood. Nix's Mate was of such size that early in the eighteenth century the selectmen of Boston advertised its rental for the pasturage of cattle. Today every foot of its soil has been washed away and the point of a granite monument alone marks the site of the island where formerly a pirate hung in chains beside the swiftly flowing tides.
What constitutes a crime? It all depends upon the minds of the people and oftentimes upon the judges. Manners and crimes vary with the centuries as do dress and speech. Here are some of the crimes penalized by Essex County Courts before the year 1655, viz.: eavesdropping, meddling, neglecting work, taking tobacco, scolding, naughty speeches, profane dancing, kissing, making love without consent of friends, uncharitableness to a poor man in distress, bad grinding at mill, carelessness about fire, wearing great boots, wearing broad bone lace and ribbons. Between 1656 and 1662 we find others, viz.: abusing your mother-in-law, wicked speeches against a son-in-law, confessing himself a Quaker, cruelty to animals, drinking tobacco, i.e., smoking, kicking another in the street, leaving children alone in the house, opprobrious speeches, pulling hair, pushing his wife, riding behind two fellows at night (this was a girl, Lydia by name), selling dear, and sleeping in meeting. The next five years reveal the following, viz.: breaking the ninth commandment, dangerous well, digging up the grave of the Sagamore of Agawam, going naked into the meetinghouse, playing cards, rebellious speeches to parents, reporting a scandalous lie, reproaching the minister, selling strong water by small measure, and dissenting from the rest of the jury.
With such minute supervision of the daily life of the colonists it can readily be appreciated that it was an age for gossiping, meddlesome interference with individual life and liberty and that in the course of time nearly every one came before the courts as complainant, defendant or witness. There were few amusements or intellectual diversions and they could only dwell on the gossip and small doings of their immediate surroundings. But all the while there was underlying respect for law, religion and the rights of others. The fundamental principles of human life were much the same as at the present day, and men and women lived together then as now and as they always will—with respect and love.