signed unto your petitioner from Lisbon under the Command of John Tarry, and in his voyage, about one hundred and ten Leagues from Lisbon, the seamen of the sd. ship mutined Against the sd. Commander and turned himself, his supercargo, mate and Boy out of said ship into the Boate to shift for themselves and Ran Away with the shipe, Some of the men so running Away being at present under conviction in this prison, and three others having bin taken at Plimouth in order to bee also Brought to Answare for their misdimeniors before the Authouritey of this Colony, But did theare Breake prison and escaped unto the Government of Road Iland, at which place they are Apprehended, and the said Tarry is Liquise now Arived there for Another ship, consigned allso to your petitioner, and is there detained to prosicute the Above offenders.

Your Petitioner in Behalf of the Imployers humbly craves that your Hon'rs would be pleased to take such Coarse that the said escaped prisoners may bee sent for to this place to Answare these facts According to Law, the Evidence Against them Being partly heard All Ready, and the Comander being also Bound to this place, soe that his stay theare will bee very preduditiall to the voyge of said ship and Imployers, the Ship Requiering A speedy Dispatch. And he shall Pray

[Endorsed:] Allwin Child petition to Gov'r and Mag'ts in Court of Assists. 24 Oct. 1673.2

The Court of Assistants, March 7, 1674, fined Major Nicholas Shapleigh 500 pounds for harboring and concealing in his warehouse William Forrest, Alexander Wilson, and John Smith, "capital offenders," arranging their escape, and receiving and concealing their goods. Records of the Court of Assistants, I. 12-14, where a petition of Alvin Child in the matter is referred to. See also Maine Historical Society, Documentary History, second ser., VI. 38-42.

CASE OF RODRIGUEZ AND RHODES.

41. Declaration of Thomas Mitchell. May 24, 1675.1

To the Hon. Court of Assistants sitting in Boston

The Declaration of Thomas Mitchell of Maulden Fisherman Humbly sheweth, That the said Mitchell beinge hired in October last both himself and the Barque whereof he was a part owner, for three moneths certaine and foure uncertaine upon a Tradeing voyage to the Eastward as farre East as a Plais called Siccanecto 2 in the Bottome of the Bay of Fundi by Captaine Peter Roderius and other of the Privateers, as by a Charter Party under their hands and seales more att Large it doth and may appeare, had nott any thought or suspition that the said Privateers would have taken any things from any man wrongfully, they before they went out severall times promiseinge the contrary (which if they should deny may be made to appeare). Butt when sd. Privateers came to the Eastward, instead of complyinge with their Charter Party or makeinge good their Promise, forced the sd. Michell to carry them whither

1 Suffolk Court Files, no. 1390, paper 1. This case appears in the Records of the Court of Assistants, I. 34-39, 42. The chief originator of this episode of piracy was a Dutch captain from Curaçao, Juriaen Arentsen. In 1674, when a state of war existed between France and the Netherlands, he captured the French forts at Castine and St. John, and took possession of the region as "New Holland." Then, "at the Bear in Boston," he gave some sort of commission to another Dutchman or Fleming, Peter Rodrigo or Rodriguez, to John Rhodes of Boston, and others, under which they proceeded in the piratical manner described in documents 41 and 42. The Court of Assistants had now, by a law passed in December, 1673, been fully authorized to act as a court of admiralty (which hitherto it had done without formal authorization); sitting as such, May 17-June 17, 1675, it condemned Peter Rodrigo, Dutchman, John Roads, late of Boston, Peter Grant, Scotchman, Richard Fowler and Randolph Judson, Englishmen, for piracy, and sentenced them to be hanged. All were however pardoned subsequently. Records of Massachusetts Bay, V. 40, 54, 66. Mitchell and Uring were whipped for complicity, of which there was evidence contradicting their testimony here presented. For the background of the whole story, see C. W. Tuttle, Captain Francis Champernowne, the Dutch Conquest of Acadie, and other Historical Papers (Boston, 1889), pp. 137-150, 349-399.

'Chignecto, Nova Scotia.

they Pleased, and although the sd. Michell was very earnest Seaverall times with them to be discharged from their service, proffering them at Pemequid, before he went out of this Jurisdiction, to loose the hire of his vessell and with more they desired rather [than] to proceed any further in said voyage, as Lieutt. Gardner and his sonnes can testifie, And when he came backe from Pemequid, had he nott, the winde being Faire, been forced away before he could speak with Lieutt. Gardner, he might have had sufficient testimony from them of his unwillingnesse to proceed any further with them; Neither did the said Michell give his consent to their takeinge of any vessell or goods from any Person but as farr as in him lay and as much as he durst did oppose the same: Neither had the said Michell any share or part of any of the said goods that the aforesd Privateer tooke, nor had any hand in the takeing of either vessells or goods, butt was alwayes agt. such their proceedings, and when they came as farr East as Naskeague,5 when the Privateers spake of goeing over the Bay of Fundi he told them. he had rather give them a Hundred Pounds than goe over the Bay with them, as by the Testimony of Robert Wills may appeare which was sworne by The Worsp'll Mr. Stoughton. Nevertheless they forced the said Michell to goe over the Bay with them, tellinge him they would carry him and his vessell wherever they pleased, And Being at Tuskett Islands," the said Michell demandinge his hyre, telling them the time was expired that was mentioned in the Charter Party, and that he desired to goe home to looke after his familie and to pay his Merch'ts that had betrusted him, And withall he forewarned them for weighing his An

*Pemaquid, Maine, east of the mouth of the Damariscotta. There was an English settlement there from 1626. As to the jurisdiction, all this region east of the Kennebec had been included in the Duke of York's patent of 1664, but his governor at New York took no active steps to assume its government till 1677, and de facto Pemaquid in 1675 was in the jurisdiction of Massachusetts, which in 1674 had organized the region east of the Kennebec as the county of Devon.

'Lieut. Thomas Gardiner, resident at Pemaquid, was chief military commander and treasurer of the county of Devon, and a county magistrate. Near Sedgwick, Maine.

'William Stoughton, of the Court of Assistants, afterward lieutenantgovernor of the province; see document no. 70, post.

'Off Yarmouth, Nova Scotia.

chors for he would stay noe longer in their service; But Richard Fowler, threatninge that he would make a hole through his skinne if hee did nott hold his tongue, went and, whether he would or nott, weighed his Anchors and forced him to goe backe to Machias; The said Privateers by their uncivill Carriage did make the said Michell soe weary of the voyage that if he could have gotten an opportunity he would have come away with his vessell and left them there, though he had lost all his hire and what also he carried out with him; Now the Premisses beinge considered by this Hon'ble Court, he hopes they will have soe much. Charitie for him as to conclude him nott guilty of those actions that are laid to his Charge: The Just and Righteous determinations whereof he Leaves to the Wisdome and Clemencie of this Hon'ble Court, and is bound to subscribe Himself

Your Honours Most Humble Servt.,

42. Declaration of Edward Youreing. May 24, 1675.1

To the Hono'rd Court of Assistants Now Sitting in Boston The Declaration of Edward Youring of Boston, Fisherman, Humbly Showeth:

Thatt whereas the said youring being in October last past, both himselfe and the Barke whereof the said youring was part owner, and being hyred upon A leading Voyage, so farr Easterly as A Place caulled Zecganickto nere the botom of the Bay of Fundy (and noe further), by Capt. Peter Rodregross and Company; As by A Charter Partie, Refferance being had thereunto, more fully may Appear; and allso will therein Declare thatt I your Poore and Humble Declarant Edward Youring had not the Least Intention of anything thereby but onely and honestly to Improve both myselfe and my Interest in the foresaid Barque, in an honest

1

Suffolk Court Files, no. 1390, paper 2. The name is more often found with the spelling Uring.

Lawfull way; And it being well knowen and seen, both in Towne or else where wherever my caulling haith Led mee, thatt I have been according to my Capassetye and Abillity an Industreous hard Laberar, whereby I mought gitt wherewith to mentayne my Famely, which in a measure hayth been sumthing Comefortably untell now (through the goodness of God), nor I have not at all been wanting to take the best paynes I could for an honest Livelyhood, both for my selfe and my Familie, I not being so Ignorant but thatt by Instructyans and good Examples being thereby rightlie informed, thatt hee is worse than an Infidle thatt shall not provide for his Familie, etc.; I Doe Declare in the presence of God and Your Hon'rs this Day that, through God's goodness to me, I am Conscious unto my owne Innocency, and am truly free from thatt Reporte of my being guiltie of Pyracy or being A pyorett, nither ever had I the Least thought nor suspition thatt those persons which Carryed them selves so fairly to me whilst that I was in Boston with them, would have caryed it so much contrary to what they promised to me before they went from hence; And thatt was thatt they would not meddle, nor take either vessells or goods from any English man, as may Appeare by severel testimonys; whereupon I did proced upon the said Voyage, upon Monthly Wages. And wee being come as farr East as Casco Bay, then the Privateers (though much against my minde and will) they wentt on Shoare and brought on Board of us severall Sheepe which belonged to the inhabitants of thatt place, where upon I did so farr show my dislike to the Privateers for soe doeing that I tould them thatt I protested against their Actions in that way; where upon they did not only revile and use opprobius and reproachfull words to me for my declayring my minde to them, but they allso threated to strycke me and being so threatened forced me to Silence, and they also forced me to goe further upon the said voyage; and when wee arrived so farr East as Pemmaquid I tooke so much notice of the debaucherie of the Privateers thatt I thought in my selfe thatt the voyage was not like only to be unproffitable but allso troublesome and uncomfortable, whereupon I desired