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The Bold Sea Rogue, John Quelch: James

A PROCLAMATION Whereas, John Quelch, late Commander of the Brigantine Charles and Company to her belonging, Viz, John Lambert, John Miller, John Clifford, John Dorothy, James Parrot, Charles James, William Whiting, John Pitman, John Templeton, Benjamin Perkins, William Wiles, Richard Law-ranee, Erasmus Peterson, John King, Charles King, Isaac 'Johnson, Nicholas Lawson, Daniel Chevalle, John Way, Thomas Farrington, Matthew Primer, Anthony Holding, William Raynor, John Quittance, John Harwood, William Jones, Denis Carter, Nicholas Richardson, James Austin, James Pattison, Joseph Hutnot, George Pierse, George Norton, Gabriel Davis, John Breck, John Carter, Paul Giddens, Nicholas Dunbar, Richard Thurbar, Daniel Chuly, and others; Have lately imported a considerable quantity of Gold dust, and some Bar and Coin'd Gold, which they are Violently suspected to have gotten and obtained by Felony and Piracy from some of Her Majesties Friends and Allies, and have Imported and Shared the same among them-selves without any Adjudication or Condemnation thereof to be lawful Prizes ; The said Commander and some others being apprehended and in Custody, the rest are absconded and fled from Justice. "I have therefore thought fit, by and with the advice of Her Majesties Council, strictly to Command and Re-quire all Officers Civil and Military, and others Her Majesties loving Subjects to Apprehend and Seize the said Persons, or any of them, whom they may know or find, and them secure and their Treasure, and bring them be- 166 THE BOOK OF BURIED TREASURE fore one of the Council, or next Justice of the Peace, in order to their being safely conveyed to Boston, to be Examined and brought to Answer what shall be Objected against them, on Her Majesties behalf. "And all Her Majesties Subjects, and others, are hereby strictly forbidden to entertain, harbour, or conceal any of the said Persons, or their Treasure, or to convey away, or in any manner further the Escape of any of them, on pain of being proceeded against with utmost Severity of Law, as accessories and partakers with them in their Crime. Given at the Council Chamber in Boston the 24th Day of May in the Third Year of the Reign of our Sovereign Lady ANNE, by the Grace of GOD of England, Scotland, France, and Ireland, QUEEN, Defender of the Faith, etc. Annoque Domi. 1704. T. POVEY. By Order of the Lieut. Governor and Council, Isaac Addington, Seer. GOD Save The QUEEN." The editor of The Boston News-Letter, commenting on the foregoing fulmination, saw fit to qualify his previous mention of Quelch's voyage, and announced under date of May 27: "Our last gave an Account of Captain Quelch's being said to Arrive from N. Spain, having made a good Voyage, but by the foregoing Proclamation 'tis uncertain whence they came, and too palpably evident they have committed Piracies, either upon her Majesties Subjects or Allies. . . . William Whiting lyes sick, like to dye, not yet examined. There are two more of them sick at Marble head, and another in Salem Gaol, and James Austin imprisoned at Piscataqua." As soon as Governor Dudley returned to Boston, a few days later, he issued a proclamation to rein- JOHN QUELCH 167 force that of the Lieutenant Governor, and one paragraph indicated that the case of John Quelch was moving swiftly toward the gallows. "And it being now made Evident by the Confession of some of the said Persons apprehended and Examined, that the Gold and Treasure by them Imported was robb'd and taken from the Subject of the Crown of Portugal, on which they have also acted divers Villainous Murders, I have thought fit," etc. It was believed that several of the crew had scampered off with a large amount of the treasure, for Governor Dudley laid great stress on overhauling sundry of them, mentioned by name, "with their Treasure concealed." In his speech at the opening of the General Court on June 1, he stated: "The last week has discovered a very notorious piracy, committed upon her Majesties Allies, the Portugal, on the coast of Brazil, by Quelch and company, in the Charles Galley; for the discovery of which all possible methods have been used, and the severest process against those vile men shall be speedily taken, that the Province be not thereby disparaged, as they have been heretofore; and I hope every good man will do his duty according to the several Proclamations to discover the pirates and their treasure, agreable to the Acts of Parliament in that case made and provided." Dudley was as energetic in pursuit of the runaway pirates as Bellomont had been, and the News-Letter recorded his activities in this wise: "Warrants are issued forth to seize and apprehend Captain Larimore in the Larimore Galley, who is said to have Sailed from Cape Anne with 9 or 11 Pirates of Captain Quelch's Company." 168 THE BOOK OF BURIED TREASURE "There is two more of the Pirates seized this week and in Custody viz. Benjamin Perkins, and John Templeton." "Rhode Island, June 9. The Honorable Samuel Cranston, Esq., Governour of Her Majesties Colony of Rhode Island, etc., Having received a Proclamation Emitted by His Excellency Joseph Dudley, Esq. General and Gov. in Chief in and over Her Majesties Province of the Mass. Bay, etc., for Seizing and Apprehending the late Company of Pirates belonging to the Briganteen Charles, of whom John Quelch was Commander, By and with the advice of the Deputy Governour and Council Present, issued forth his further Proclamation to Seize and Apprehend said Pirates, or any of their Treasure, and to bring them before one of the Council, or next Justice of the Peace, in order to be conveyed to the town of New-port, to be examined and proceeded with according to Law. Commanding the Sheriff to Publish this and His Excellencies Proclamation in the Town of New-port, and in other Towns of the Colony. Strictly forbidding all Her Majesties Subjects and others to conceal any of them or their treasure, or convey and further their escape, on pain of being proceeded against with utmost severity of law." "Marblehead, June 9. The Honorable Samuel Sewall, Nathanael Byfield, and Paul Dudley, Esqrs. came to this place yesterday, in obedience to His Excellency the Governour, his Order for the more effectual discovering and Seizing the Pirates lately belonging to the Briganteen Charles, John Quelch Commander, with their Treasure. They made Salem in their way, where Samuel Wakefield the Water Baily informed them of a rumour that two of Quelch's Company were lurking at Cape Anne, JOHN QUELCH 169 waiting for a Passage off the Coast. The Commissioners made out a Warrant to Wakefield to Search for them, and dispatched him away on Wednesday night. And having gain'd intelligence this Morning that a certain number of them well Armed, were at Cape Anne, designing to go off in the Larimore Galley, then at Anchor in the Harbour, they immediately sent Men from the several adjacent Towns by Land and Water to prevent their escape, and went thither themselves, to give necessary orders upon the place." "Gloucester, upon Cape Anne, June 9. The Commissioners for Seizing the Pirates and their Treasure arrived here this day, were advised that the Larimore Galley Sail'd in the Morning Eastward, and that a Boat was seen to go off from the head of the Cape, near Snake Island, full of men, supposed to be the Pirates. The Commissioners, seeing the Government mock'd by Captain Larimore and his officers, resolved to send after them. Major Stephen Sewall who attended with a Fishing Shallop, and the Fort Pinnace, offered to go in pursuit of them, and Captain John Turner, Mr. Robert Brisco, Capt. Knight, and several other good men voluntarily accompanied him, to the Number of 42 men who rowed out of the Harbour after Sun-sett, being little Wind." "Salem, June 11. This afternoon Major Sewall brought into this Port the Larimore Galley and Seven Pirates, viz., Erasmus Peterson, Charles James, John Carter, John Pitman, Francis King, Charles King, John King, whom he with his Company Surprized and Seized at the Isles of Sholes the 10th. Instant viz. four of them on Board the Larimore Galley, and three on shoar on Starr Island, being assisted by John Hinckes and Thomas 170 THE 1300K OF BURIED TREASURE Phipps, Esqrs., two of her Majesties Justices of New Hampshire, who were happily there, together with the Justices and the Captain of the Place. He also seized 45 Ounces and Seven Penny weight of Gold of the said Pirates. Captain Thomas Larimore, Joseph Wells, Lieutenant, and Daniel Wormall, Master, and the said Pirates are Secured in our Gaol." "Gloucester, June 12. Yesterday Major Sewall passed by this place with the Larimore Galley and Shallop Trial standing for Salem, and having little wind, set our men ashore on the Eastern Point, giving of them notice that William Jones and Peter Roach, two of the Pirates had mistook their way, and were still left at the Cape, with strict charge to search for them, which our Towns People performed very industriously. Being strangers and destitute of all Succours, they surrendered themselves this Afternoon, and were sent to Salem Prison." "Boston, June 17. On the 13th. Instant, Major Sewall attended with a strong guard brought to Town the above mentioned Pirates and Gold he had seized and gave His Excellency a full Account of his Procedure in Seizing them. The Prisoners were committed to Gaol in order to a Tryal, and the Gold delivered to the Treasurer and Committee appointed to receive the same. The service of Major Sewall and Company was very well Accepted and Rewarded by the Governour. "His Excellency was pleased on the 13 Currant to open the High Court of Admiralty for trying Capt. John Quelch, late Commander of the Briganteen Charles, and Company for Piracy, who were brought to the Barr, and the Articles exhibited against them read. They all pleaded Not Guilty, excepting three, JOHN QUELCH 171 viz. Matthew Primer, John Clifford, and James Par-rot, who were reserved for Evidences and are in her Majesties Mercy. The Prisoners moved for Council, and His Excellency assigned them Mr. James Meinzes. The Court was adjourned to the 16th. When met again Capt. Quelch preferr'd a Petition to His Excellency and Honorable Court, craving longer time which was granted till Monday Morning at Nine of the Clock, when said Court is to sit again in order to their Tryal." Newspaper reporting was primitive in the Year of Our Lord, 1704, and we are denied further information of the merry chase after the fleeing pirates and their treasure. One would like to know more of that adventure at the Isles of Shoals and what the fugitives were doing "on shoar" at Starr Island. The trial of Quelch and his companions was recorded with much more detail because it had certain important and memorable aspects. It will be recalled that Kidd and his men were sent to England for trial by Bellomont for the reason that the colonial laws made no provision for executing the death sentence in the case of a convicted pirate. The difficulties and de-lays and the large expense incident to the Kidd proceedings were among the considerations which moved Parliament, by an act passed in the reign of William III, to confer upon the Crown authority to issue commissions for the trial of pirates by Courts of Admiralty out of the realm. Such a commission was finally sent to Lord Bellomont for the trial of pirates in Massachusetts, New Hampshire, and Rhode Island. Another document of the same kind, granting him this power for New York, arrived there after his death. These rights were confirmed by Queen Anne, and 172 THE BOOK OF BURIED TREASURE in her instructions to Governor Dudley she ex-pressed "her will and pleasure that in all matters relating to the prosecution of pirates, he govern him-self according to the act and commission aforesaid." The trial of Quelch was the first to be held by virtue of these authorizations, and therefore the first capital proceedings against pirates in the New England Colonies. A special court was convened, and an imposing tribunal it was, comprising the Governors and Lieutenant Governors of the Provinces of Massachusetts Bay, and New Hampshire, the Judge of Vice Admiralty in each, the Chief Justices of the Superior Court of Judicature, the Secretary of the Province, Members of the Council of Massachusetts Bay, and the Collector of Customs for New England. The sessions were held in the Star Tavern, on the present Hanover Street of Boston, and Quelch was tried first, "being charged with nine several articles of piracy and murder." He was very expeditiously found guilty and sentenced to death, after which nineteen of his company, in two batches, were dealt the same verdict. From this wholesale punishment only two were excepted, William Whiting, "the witnesses proving no matter of fact upon him, said Whiting being sick all the voyage and not active," and John Templeton, "a servant about fourteen years of age, and not charged with any action." These were acquitted. There are preserved only two copies of a broad-side published in Boston in July of 1704 which quaintly portrays the strenuous efforts made to save the souls of the condemned pirates who must have been men of uncommonly stout endurance to stand up under the sermons with which they were bombarded. This little pamphlet may serve as a warn- JOHN QUELCH 173 ing to venturesome boys of the twentieth century who yearn to go a-pirating and to bury treasure.