the Father and the Spirit, be ascribed the Kingdom, the Power and the Glory, for ever more, Amen."

They then Severally Spoke, Viz.

I. Capt. John Quelch. The last Words he spake to One of the Ministers at his going up the Stage, were, "I am not afraid of Death, I am not afraid of the Gallows, but I am afraid of what follows; I am afraid of a Great God, and a Judgment to Come." But he afterwards seem'd to brave it out too much against that fear: also when on the Stage first he pulled off his Hat, and bowed to the Spectators, and not Concerned, nor behaving himself so much like a Dying man as some would have done. The Ministers had, in the Way to his Execution, much desired him to Glorify God at his Death, by bearing a due Testimony against the Sins that had ruined him, and for the ways of Religion which he had much neglected: yet now being called upon to speak what he had to say, it was but thus much; "Gentlemen, 'Tis but little I have to speak; What I have to say is this, I desire to be informed for what I am here. I am Condemned only upon Circumstances. I forgive all the World: So the Lord be Merciful to my Soul." When Lambert was Warning the Spectators to beware of BadCompany, Quelch joyning, "They should also take care how they brought Money into New-England, to be Hanged for it!"

II. John Lambert. He appeared much hardened, and pleaded much on his Innocency. He desired all men to beware of Bad Company; he seem'd in a great Agony near his Execution; he called much and frequently on Christ, for Pardon of Sin, that God Almighty would Save his innocent Soul; he desired to forgive all the World; his last words were, "Lord, forgive my Soul! Oh, receive me into Eternity! blessed name of Christ receive my Soul."

III. Christopher Scudamore. He appeared very Penitent since his Condemnation, was very diligent to improve his time going to, and at the place of Execution.

IV.

John Miller. He seem'd much concerned, and

complained of a great Burden of Sins to answer for; Expressing often, "Lord! What shall I do to be Saved!"

V. Erasmus Peterson. He cryed of injustice done him; and said, it is very hard for so many mens Lives to be taken away for a little Gold. He often said, his Peace was made with God; and his Soul would be with God: yet extream hard to forgive those he said wronged him. He told the Executioner, he was a strong man, and Prayed to be put out of misery as soon as possible.

VI. Peter Roach. He seem'd little concerned, and said but little or nothing at all.

Francis King was also Brought to the place of Execution, but Repriev'd.

Printed for and Sold by Nicholas Boone, at his Shop near the Old Meeting-House in Boston.

Advertisement.

1704.

There is now in the Press, and will speedily be Published: The Arraignment, Tryal and Condemnation of Capt. John Quelch, and others of his Company, etc. For sundry Piracies, Robberies and Murder, committed upon the Subjects of the King of Portugal, Her Majesties Allie, on the Coast of Brasil, etc. Who upon full Evidence were found Guilty, at the Court-House in Boston, on the 13th of June 1704. With the Arguments of the Queen's Council, and Council for the Prisoners, upon the Act for the more effectual Suppression of Piracy. With an account of the Ages of the several Prisoners, and the Places where they were Born. Printed for and sold by Nicholas Boone, 1704.

"The publication of the pamphlet here advertised was by authority of Governor Dudley, who gives the Board of Trade the following excuse for printing the minutes of the trial before sending them to that body (letter of July 25, 1705), "My Lords, I should not have directed the printing of them here, but to satisfy and save the clamour of a rude people, who were greatly surprised that any body should be put to death that brought in gold into the Province, and did at the time speak rudely of the proceeding against them and assisted to hide and cover those ill persons". Cal. St. P. Col., 1704-1705, p. 585.

105. Deposition of Paul Dudley. August 15, 1705.1

The Deposition of Paul Dudley, Esquire, Her Majestys Attourney General for the Province of the Massachusetts Bay in New England, and Advocate of the Court of Admiralty-who saith

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That on or about the fifth day of June last past, being at Newport on Road Island in Company with the Honourable Nathaniel Byfield, Esquire, Judge of the Court of Admiralty, etc.2 at the House of Samuel Cranston, Esquire, Governour of said Island, The said Judge complaining of the said Governours granting a Commission to Captain. Halsey, a Privateer, after the Receipt of her Majesties Commands to the Contrary, The said Samuel Cranston replyed, That he had taken the advice of the Generall Court of that Colony, who were all of opinion That her Majesties Commands did not forbid him or restrain him from Granting Commissions for Privateers, And that their Charter granting them Power of Vice Admiralty, he was

'Public Record Office, C. O. 5: 1263, no. 57 XXVI. Paul Dudley was the governor's oldest son. The deposition is one of 55 enclosures in the governor's letter of Nov. 2, 1705, to the Board of Trade respecting his complaints of irregularities in the governments of Rhode Island and Connecticut. Though Dudley's commissions as governor confined his civil authority to Massachusetts and New Hampshire, his commission as viceadmiral (printed in the Publications of the Colonial Society of Massachusetts, II. 220-224) gave him authority in Rhode Island also. The assembly of that colony, however, claimed the right under their charter to erect admiralty courts of their own, and for their governor the right to commission privateers. Queen Anne wrote to them in March 1704, repealing their act erecting a court, but they held that her letter did not forbid the commissioning of privateers. See Records of the Colony of Rhode Island, III. 508-510, 535-540.

Nathaniel Byfield-founder of Bristol, Mass. (now R. I.), nephew of Archbishop Juxon and grandson of that Rev. Richard Byfield who was vicar of Stratford-on-Avon during most of Shakespeare's life-was commissioned admiralty judge for Massachusetts and Rhode Island during brief periods in 1698 and 1703, again 1704-1715 and 1728-1732.

Nov. 7, 1704, Cranston had given a privateer's commission to Capt. John Halsey of the brigantine Charles, the vessel that had been Quelch's. The governor's confidence seems not to have been justified, for presently Halsey entered upon a large and lurid career of piracy, duly described in Johnson, General History of the Pyrates, II. 110-118.

Assembly.

'It would be hard to find any such grant in the Rhode Island charter of 1663.

determined to Exercise that power, and Grant such Commissions untill their Charter was actually and wholly taken away; And that they would not part with their powers or Government by piece meal, but would Die all at once, And that they had parted with too many of their priviledges already..

BOSTON in New England

15 August 1705

PAUL DUDLEY.

Sworne in presence of his Excellency the Governour before us

106. Commission for Trial of Piracy. November 1,

1716.1

South Carolina.

His Excellency John Lord Carteret, Palatine, The most Noble Henry Duke of Beaufort, the Right Hon'ble William Lord Craven, the Hon'ble Maurice Ashley Esqr., Sir John Colleton Baronet, John Danson Esqr., and the rest of the

1Charleston, Records of the Court of Vice-admiralty of South Carolina, vol. A-B. The document is spread upon the records of the court for Nov. 27, 1716, at the beginning of the day's proceedings. This commission is a peculiar one. As has been explained in note 2 to doc. no. 51 and in note I to doc. no. 104, the act 28 Henr. VIII. ch. 15 (1536) provided for the trial of piracy by commissions specially appointed for the purpose, and with a jury, but did not extend to the oversea plantations, while the act 11 and 12 Will. III. ch. 7 (1699-1700) extended to those dominions the crown's authority to appoint such commissions. Before the passage of the latter statute, colonial governors had as vice-admirals appointed such commissions, which had then proceeded under the civil (Roman) law, and not under the statute. But South Carolina had in 1712 expressly adopted the act of 28 Henr. VIII. (Cooper, Statutes at Large, II. 470) and here we have a commission issued by the deputy governor and council, under authority of the proprietors of Carolina, for trial under the act of 1536, though action could have been taken under that of 1700. The accused persons for whose trial the commission was issued were acquitted. For the whole subject of piracy in or near Carolina, where it was rife in these years, see S. C. Hughson, "The Carolina Pirates and Colonial Commerce", in Johns Hopkins University Studies, XII. The most famous case was that of Major Stede Bonnet, but the original records of that case are fully printed in State Trials, ed. Hargrave, vol. VI.

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true and absolute Lords and Proprietors of Carolina,2 To Nicholas Trott Esq., Judge of the Vice Admiralty in South Carolina and chief Justice of the said Province, The Hon'ble Capt. Thomas Howard Commander of his Majestys ship the Shoram, the Hon'ble Charles Hart Esqr., one of the Members of our Council in South Carolina, the Hon'ble Thomas Broughton, Speaker of the Lower House of Assembly in South Carolina, Arthur Middleton and Ralph Izard Esqrs., Capt. Philip Dawes, Capt. Willm. Cuthbert, Commander of the Fortune Frigate, Capt. Allen Archer, Commander of the Brigantine Experiment, and Samuel Deane and Edward Brailsford, merchants, Greeting.

Whereas by an Act of Parliament made in the TwentyEight year of Henry the Eight Intituled for Pirates It is among other things Enacted That all Treasons, Felonies, Robberies, Murthers and Confederacies thereafter Committed in or upon the Seas or in any other Haven, River, Creek or Place where the Admiral or Admirals have or Pretend to have power, Authority or Juridiction, Shall be Inquired, Tryed, heard, determined and Judged in such Shires and Places in the Realm as shall be Limitted by the Kings Commission or Commissions to be directed for the same in like form and Condition as if any such Offence or Offences had been Committed or Done in and upon the Land, and such Commissions shall be had under the Kings Great Seal Directed to the Admiral or Admirals or to his or their Lieutenant, Deputy and Deputies, and to three or Four such other Substantial persons as shall be named or appointed by the Lord Chancellor of England for the time being from time to time and as often as needs shall require, to hear and Determine such Offences after the Common Course of the Laws of England Used for Treasons,

"The six proprietors of Carolina here named held at this time six of the eight shares in the property. The holder of the seventh was a minor; the eighth was in litigation.

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Nicholas Trott, LL.D., attorney-general of Bermuda 1696-1697, the first attorney general of South Carolina 1698-1702, chief-justice 1702-1709, 17131719, a learned lawyer, and a great power in the politics of the province so long as the rule of the proprietors continued. He was the first viceadmiralty judge, having commissions as such from both the king and the proprietors. He is often erroneously identified with his cousin the governor (1693-1696) of the Bahamas, the Nicholas Trott of docs. nos. 63 and 64.