ryed till about ten a Clock, when two Men came over in a Canno, Namely John Cole and William Smith, who Car | ryed the seven pyrates over to the Main land, and then Cole came again to the Depon't and Inquired who they (meaning the pyrates) were, and the Depon't Mackconothy Answered they were pyrates and had taken the said pink, and soon after the said John Cole Informed Mr. Justice Done of Barnstable thereof, by virtue of whose Warrant the said seven Pyrates were Apprehended, and the Depon'ts Journeyed with them to Boston, where they are now in Custody : of the Keeper of His Maj'ties Goal as is aforesaid. And further the Depon'ts say not; but that the said Pink is Bilged on shoare, so that it is impossible to get her off. THOS. FITZ GERALD

BOSTON May 6th 1717
Jurat May 8th, 1717

signum

ALEXANDER X MACKCONOTHY

James Donovan, within named, made oath to the truth of the within written Deposition, and further saieth that being upon deck on Friday in the afternoon, on which day the Pink was taken, Alexand'r Mackonothy being at the Helmn steering to windward of her Course, this Declar't heard John Brown, one of the Pirates now in Goal, say that for a small matter he would shute Mackonothy thro the head as soon as he would a Dog and he should never tell his story.

JAMES DONOVAN

Jurat Cor. May 8th 1717

Coram 9 PENN TOWNSEND

JOHN CLARK

OLIVER NOYES

Attest. Jos MARION D. Secr'y.10

See his testimony in doc. no. 112.

Justices of the

Peace

Either John Doane, Esq., or his cousin Joseph. Both were justices of the peace for Barnstable County, but neither lived in Barnstable town; they were the leading residents of Eastham.

"In the presence of.

10

'Deputy secretary of the province. Josiah Willard was secretary.

110. Cyprian Southack to Governor Samuel Shute. May 8,

1717.1

EASTHAM May the 8, 1717

Maye itt Pleass Your Excellency

Sir, Captt. Gorham, Mr. Little, Mr. Cuttler and Mr. Russell, Gentt'men that I have Deputed, have Rid at Least Thirty miles a moung the Inhabtances, whome I have had Information of ther being at the Pirate Rack, and have Gott Concernable Riches out of her. the first men that want Doun to the Rack with the English man that was Saved out of the Rack, I shall Mention their Names to Your Excellency in Order for a Warrant to me for bringing them for boston before Your Excellency, or as You Pleass, Sir, for all thes Pepol are very stife and will not one 2 Nothing of what they Gott, on the Rack. Sir, Fryday 26 April, at 12 night, Pirate Ship Came a shoare. Saturday 27 Instant, at 5 morning, Came the English man that was Saved out of Pirate Ship, Came to the house of Samuell harding, Two miles from the Rack. After a smalle time the saide harding took the English man on his Horse and Carred him to the Rack. thes Two made Serverall Turnes from the Rack to harding house, so they most Gett much Riches. by 10 Clock the same morning their Gott to the Rack a bout 10 men more, and Gott a Great Dell of Riches. Sunday morning, Joseph Doane, Esqr., gott to the Rack but all was Gon of Vallue. Sir, he Comanded the Inhabtances to save what they Could for the King, which was them Things I Rett 5

3

Writ. The money on board the Whidah was claimed by the crown because of its being the product of piracy, not because of the shipwreck, for if man or cat or dog escaped alive from any shipwrecked vessel, its contents were technically not "wreck of the sea", belonging as such to the crown, but were reserved for the owners, with reasonable salvage to the preservers. A recent act, 12 Anne, II., ch. 18, provided that any who secreted goods saved from a wreck should be punished with a fine of treble value; but this act did not run in Massachusetts.

6

to Your Excellency before of. Sir, the Curner and his Jurey Putt a stop to serverall Things beloning to the Rack in Part for buering Sixty Two men Came a shoare Dead from the Pirate Rack, the Curner and his Jurey says their Due is Eight Three Pounds. Sir, I am of the mind that the Curner and Jurey should have nothing for buering aney of thes men After they New them to be Pirats, and they had bured but Thirteen before they new them to be Pirats. as Your Excellency Pleass, I humbley Desier Your Excellency Orders to this Afare. the Curner name is Samuell freeman, for his stoping aney of the Rack Goods for Paye is very hard. Sir, the weather has ben very bad, and Great Sea, so we Can Due Nothing as yett on the Rack with my Whale boat and men, but se the Anchor Every Low Watter. Sir, If some Gentt'men ware Commissined here to Give Serverall of them their Oath Concerning the Rack, itt will be of Great Service. Sir, Coll. Ottis 8 and Joseph Doane, Esqr., are Very Good men.

Sir, 72 Dead men are Come a shoare out Pirate ship to this Time.

"Coroner. Investigation in cases of wreck and treasure-trove was part of the duties of his office.

8

Burying.

Col. John Otis, the chief magnate of Barnstable County, colonel of its militia, judge, member of the governor's council, and grandfather of James Otis the revolutionary orator.

111. Deposition of Ralph Merry and Samuel Roberts. May 11, 16, 1717.1

We, Ralph Merry and Samuel Roberts, mariners, both of full age, Joyntly and Severally testify and make Oath That on the twenty sixth day of April last we belonged to a certain Sloope Called the Fisher (whereof Robert Ingols was Commander), bound to Boston from Virginia, being laden with Tobacco, hides and other things. That Assoon as we arived within a few leagues off Cape Codd we met with a Ship of twenty eight guns called the Wedaw, which assoon as they came near, haled us and Demanded from whence we came. We told 'em That we came from Virginia and were bound for Boston. Then they asked us whether the Master was Acquainted here, meaning (as we suppose) with the Coast. Our Master Answered he knew it very well, Whereupon they Commanded our Master and Company to hoist out our boat, which we did, and then our Master and Mate went on board the said Ship. they, keeping our Master and Mate on board thereof, Sent four men Armed from thence on board of our Sloop, whereupon the said Ship stood away to the Northward and gave Orders to our Sloope to follow their Light, And being in the Night we lost Sight of said Ship And followed a Snowe light which was before in Company with her (which said Snow was a Prize the said Ship had taken off from the Capes of Virginia, as we were informed) untill the Snow was almost ashoar. then the said Snow came to an Anchor And Called to us to doe the same, which we Accordingly did, and lay there till about ten of the Clock the next day, being the twenty Seventh day of said month; then, the wind blowing off Shoar, they Cutt their Cable and bid us make the best of our way after them to the Eastward, and About three leagues off the Cape they, taking out of our Sloope what they pleased, Commanded us to goe on board the said Snow. then they, Cutting our Mast off by the board, the hatches of our Sloope being open, left her afloat in the Sea, then 'Suffolk Court Files, no. 11945, paper 3.

3

makeing the best of their way to Menhagen 2 at the Eastward, where we arrived the twenty ninth of said April, where they stayed and waited for the aforesaid Ship Wedaw Some time, but she came not, whereupon, thinking the Ship was lost, they fitted their Long boat and sent her down to Mentinacus, where they tooke a Sloope belonging to Colonel Minot, one Shallop belonging to Capt. Lane, and three Scooners. They brought the Sloop and Shallop and (as we are Informed) the Sailes and Compasses of the three Scooners to Menhagen, whereupon they manned the last mentioned Sloope with ten hands and soe went after Capt. Cars Sloope, lying at Peniquid," which they alsoe took a little distance from said Peniquid, but finding the Mast and Bowspreat not Serviceable they left her there, and brought the Master thereof on board the Snow then at Menhagen aforesaid. In these ten mens absence Came into Menhagen two Shallops from Marblehead, which the Snow tooke and Caused 'em to come to an Anchor there, and sent the men therein togeather With us the Depon'ts to prison upon Menhagen Island, where we lay till they had fitted the Sloop of Collonel Minots aforesaid with what they thought fit from the Snow, and soe departed and left the Snow and all the rest behind, and leaving us to our Libertyes ordered the Skipper of the Shallope to carry us to Marblehead which they accordingly did, where we arrived yesterday, being the tenth day of May Instant.

RALPH MERRY

SAM'LL ROBERTS

BOSTON, May 16, 1717

Attest: Jos. MARION, D. Secr'y.

Sworne before the Hon'bl Lieu

tenant Governour and Council.

7

"Monhegan, a small island on the coast of Maine, off Pemaquid Point. Matinicus, a small island farther east, southward from Rockland.

5

Capt. John Lane of Malden, son of a noted Indian-fighter.
Pemaquid.

A letter from Capt. John Lane, dated at Winter Harbor May 19, shows the continuance of operations: "This moment Came A young man from Spurwinke which wass Taken by A pirat sloop of Aboute ninty men with Eight guns which is now att an anker In Cape Elesebth Roade. . . they have Taken one sloop and one shallop which they keep with them". Maine Hist. Soc., Coll., second ser., IX. 357.