by Daniel Defoe
Roche taking upon himself the Command of the Vessel, Andrew Cullen was to pass for a Merchant or Super-cargo; but when they bethought themselves, that they were in Danger of being discovered by the Papers of the Ship, relating to the Cargo, as Bills of Lading, &c. therefore they erase and take out the Name of the French Master, and instead thereof, inserted the Name of Roche, so that it stood in the Ship’s Papers, Peter Roche Master; that then having so few Hands on Board, they contrived if they met any Ships, to give out, that they had lost some Hands by their being washed overboard in a Storm, and by that Means screen themselves from being suspected of having committed some such wicked Act, by Reason of the Fewness of their Hands on Board; and also might prevail with some Ship to spare them some, on Consideration of their pretended Disaster.
In going to Cales they were in Distress by the Weather, and being near Lisbon, they made Complaint to a Ship, but obtained no Assistance. They were then obliged to sail back for England, and put into the Port of Dartmouth; but then they were in fear least they might be discovered, therefore to prevent that, they resolve to alter the Ship, and getting Workmen, they take down the Mizzen-Mast, and build a Spar Deck, and made Rails, (on pretence that the Sailors had been wash’d overboard) to secure the Men. Then they took down the Image of St. Peter at the Head of the Ship, and put up a Lion in its Place, and painted over the Stern of the Ship with Red, and new nam’d her the Mary Snow. The Ship being thus alter’d that they thought it could not be known, they fancy’d themselves pretty secure; but wanting Money to defray the Charge of these Alterations, Roche, as Master of the Vessel, and Andrew Cullen, as Merchant, apply themselves to the Officers of the Customs for Liberty to dispose of some of the Cargo, in order to pay the Workmen; which they having obtained, they sold fifty eight Barrels of Beef, and having hired three more Hands, they set Sail for Ostend, and there having sold more Barrels of Beef, they steer their Course to Rotterdam, dispose of the rest of the Cargo, and took in one Mr. Annesly, who freighted the Ship for England; but in their Passage, in a stormy Night, it being very dark, they took up Mr. Annesly their Passenger, and threw him into the Sea, who swam about the Ship a pretty while, calling out for Life, and telling them they should have all his Goods, if they would receive him again into the Vessel: But in vain were his Cries!
After this, they were obliged to put into several Ports, and by contrary Winds, came to the Coast of France, and hearing there was an Enquiry made after the Ship, Roche quits her at Havre de Grace, and leaves the Management to Cullen and the rest; who having shipp’d other Men, sail’d away to Scotland, and there quitted the Vessel, which was afterwards seized and brought into the River of Thames.
Some Time after this, Philip Roche came to London, and making some Claim for Money, he had made Insurance of, in the Name of John Eustace, the Officer was apprized of the Fraud, and he arrested and flung into the Compter; from whence directing a Letter to his Wife, she shewed it to a Friend, who discovered by it, that he was the principal Villain concerned in the Destruction of Peter Tartoue, and the Crew. Upon this, an Information was given to my Lord Carteret, that the Person who went by the Name of John Eustace, was Philip Roche, as aforesaid; and being brought down by his Lordships Warrant, he stifly deny’d it for some Time, notwithstanding a Letter was found in his Pocket, directed to him by the Name of Roche; but being confronted by a Captain of a Ship, who knew him well, he confessed it, but prevaricated in several Particulars; whereupon he was committed to Newgate upon violent Suspicion, and the next Day was brought down again at his own Request, confessed the whole, desired to be made an Evidence, and promised to convict three Men worse than himself. Two were discovered by him, who died miserably in the Marshalsea, and Roche himself was afterwards try’d, (no more being taken,) found Guilty of the Pyracy, and executed.
An ABSTRACT of the Civil Law and Statute Law now in Force, in Relation to Pyracy.
Pyrate is Hostis humanis generis, a common Enemy, with whom neither Faith nor Oath is to be kept, according to Tully. And by the Laws of Nature, Princes and States are responsible for their Neglect, if they do not provide Remedies for restraining these sort of Robberies. Though Pyrates are called common Enemies, yet they are properly not to be term’d so. He is only to be honour’d with that Name, says Cicero, who hath a Commonwealth, a Court, a Treasury, Consent and Concord of Citizens, and some Way, if Occasion be, of Peace and League: But when they have reduced themselves into a Government or State, as those of Algier, Sally, Tripoly, Tunis, and the like, they then are allowed the Solemnities of War, and the Rights of Legation.
If Letters of Marque be granted to a Merchant, and he furnishes out a Ship, with a Captain and Mariners, and they, instead of taking the Goods, or Ships of that Nation against whom their Commission is awarded, take the Ship and Goods of a Friend, this is Pyracy; and if the Ship arrive in any Part of his Majesty’s Dominions, it will be seized, and for ever lost to the Owners; but they are no way liable to make Satisfaction.
If a Ship is assaulted and taken by the Pyrates, for Redemption of which, the Master becomes a Slave to the Captors, by the Law Marine, the Ship and Lading are tacitly obliged for his Redemption, by a general Contribution; but if it happen through his own Folly, then no Contribution is to be made.
If Subjects in Enmity with the Crown of England, are abord an English Pyrate, in Company with English, and a Robbery is committed, and they are taken; it is Felony in the English, but not in the Stranger; for it was no Pyracy in them, but the Depredation of an Enemy, and they will be tried by a Martial Law.
If Pyracy is committed by Subjects in Enmity with England, upon the British Seas, it is properly only punishable by the Crown of England, who have istud regimen & Dominem exclusive of all other Power.
If Pyracy be committed on the Ocean, and the Pyrates in the Attempt be overcome, the Captors may, without any Solemnity of Condemnation, hang them up at the Main-Yard; if they are brought to the next Port, and the Judge rejects the Tryal, or the Captors cannot wait for the Judge, without Peril or Loss, Justice may be done upon them by the Captors.
If Merchandize be delivered to a Master, to carry to one Port, and he carries it to another, and sells and disposes of it, this is not Felony; but if, after unlading it at the first Port, he retakes it, it is Pyracy.
If a Pyrate attack a Ship, and the Master for Redemption, gives his Oath to pay a Sum of Money, tho’ there be nothing taken, yet it is Pyracy by the Law Marine.
If a Ship is riding at Anchor, and the Mariners all ashore, and a Pyrate attack her, and rob her, this is Pyracy.
If a Man commit Pyracy upon the Subjects of any Prince, or Republick, (though in Amity with us,) and brings the Goods into England, and sells them in a Market Overt, the same shall bind, and the Owners are for ever excluded.
If a Pyrate enters a Port of this Kingdom, and robs a Ship at Anchor there, it is not Pyracy, because not done, super altum Mare; but is Robbery at common Law, because infra Corpus Comitatus. A Pardon of all Felonies does not extend to Pyracy, but the same ought to be especially named.
By 28 H. 8. Murthers and Robberies committed upon the Sea, or in other Places, where the Admiral pretends Jurisdiction, shall be enquired into, try’d, heard, and determined, in such Places and Counties within the Realm, as shall be limited by the King’s Commission, in like Manner as if such Offences were done at Land. And such Commissions (being under the Great Seal) shall be directed to the Lord Admiral, his Lieutenant or Deputy, and to three or four such others as the Lord Chancellor shall name.
The said Commissioners, or three of them, have Power to enquire of such Offences by twelve lawful Men of the Country, so limited in their Commission, as if such Offences were done at Land, within the same County; and every Indictment so found and presented, shall be good in Law; and such Order, Progress, Judgment, and Execution shall be used, had, done, and made thereupon, as against Offenders for Murder and Felony done at Land. Also the Tryal of such Offences (if they be denied) shall be had by twelve Men of the County, limited in
the said Commission, (as aforesaid,) and no Challenge shall be had for the Hundred: And such as shall be convict of such Offences, shall suffer Death without Benefit of Clergy, and forfeit Land and Goods, as in Case of Felonies and Murders done at Land.
This Act shall not prejudice any Person, or Persons, (urged by Necessity) for taking Victuals, Cables, Ropes, Anchors or Sails, out of another Ship that may spare them, so as they either pay ready Money, or Money worth for them, or give a Bill for the Payment thereof; if on this Side the Straits of Gibraltar, within four Months; if beyond, within twelve Months.
When any such Commission shall be sent to any Place within the Jurisdiction of the Cinque-Ports, it shall be directed to the Warden of the said Ports, or his Deputy with three or four other Persons, as the Lord Chancellor shall Name; and the Inquisition or Tryal of such Offences, there, shall be made and had, by the Inhabitants of the said Ports, and Members of the same.
By 11 and 12 W. 3. c. 7. If any natural born Subjects or Denizons of England, commit Pyracy, or any Act of Hostility, against his Majesty’s Subjects at Sea, under Colour of a Commission or Authority, from any foreign Prince or State, or Person whatsoever, such Offenders shall be adjudged Pyrates.
If any Commander or Master of a Ship, or Seaman or Mariner, give up his Ship, &c. to Pyrates, or combine to yield up, or run away with any Ship, or lay violent Hand on his Commander, or endeavour to make a Revolt in the Ship, he shall be adjudged a Pyrate.
All Persons who after the 29th of September 1720, shall set forth any Pyrate (or be aiding and assisting to any such Pyrate,) committing Pyracy on Land or Sea, or shall conceal such Pyrates, or receive any Vessel or Goods pyratically taken, shall be adjudged accessary to such Pyracy, and suffer as Principals.
By 4 G. c. 11. Sect. 7. All Persons who have committed, or shall commit any Offences, for which they ought to be adjudged Pyrates, by the Act 11 and 12 W. 3. c. 7. may be tried for every such Offence, in such Manner as by the Act 28 H. 8. c. 15. is directed for the Tryal of Pyrates; and shall not have the Benefit of Clergy.
Sect. 8. This Act shall not extend to Persons convicted or attainted in Scotland.
Sect. 9. This Act shall extend to his Majesty’s Dominions in America, and be taken as a publick Act.
FINIS.
Next Week will be published,
NOTES on several Chyrurgical Subjects. By JOHN ATKINS, Surgeon.
N. B. One entire Chapter on the Distempers of Guiney. Printed for T. Warner in Pater-Noster-Row.
Transcriber's Notes
The text was left as close to the original as possible, including obsolete and inconsistent spelling. The transcriber made only a very few changes to the text to correct obvious errors (before/after):
... CHAP. IX. ...
... CHAP. VIII. ...
... CHAP. XI. ...
... CHAP. IX. ...
... CHAP. XII. ...
... CHAP. X. ...
... CHAP. XII. ...
... CHAP. XI. ...
... CHAP. XIII. ...
... CHAP. XII. ...
... CHAP. XIV. ...
... CHAP. XIII. ...
... CHAP. XVI. ...
... CHAP. XV. ...
... CHAP. XVIII. ...
... CHAP. XVI. ...
... on the Coast of the Mediteranean, betwixt Syria on ...
... on the Coast of the Mediterranean, betwixt Syria on ...
... near the Corecesium in Cilicia, where the Remainder of ...
... near the Coracesium in Cilicia, where the Remainder of ...
... against him, by the said Govenror, and he should get ...
... against him, by the said Governor, and he should get ...
... Seach, discovered Bonnet and Hariot together; the ...
... Search, discovered Bonnet and Hariot together; the ...
... did pyratically, and fellonionsly set upon, break, ...
... did pyratically, and felloniously set upon, break, ...
... they the like Opportunitiess. I can’t say, but that if ...
... they the like Opportunities. I can’t say, but that if ...
... have missed of him likewise: However, the Collonel ...
... have missed of him likewise: However, the Colonel ...
... that Night, bccause her Mother in Law was to lye in her ...
... that Night, because her Mother in Law was to lye in her ...
... CHAP. IX. ...
... CHAP. VIII. ...
... ingenious Gentleman, lately arved from those Parts. ...
... ingenious Gentleman, lately arrived from those Parts. ...
... Lastly, It is, in a great Measure, owning to this want ...
... Lastly, it is, in a great Measure, owning to this want ...
... Noddies; the former are of the Big- of a Gull, and a ...
... Noddies; the former are of the Bigness of a Gull, and a ...
... CHAP. XI. ...
... CHAP. IX. ...
... Countrymen are adventrous enough to pursue, though it ...
... Countrymen are adventurous enough to pursue, though it ...
... to Windward, to demand Restistution of some Goods or ...
... to Windward, to demand Restitution of some Goods or ...
... Terns standing for that Thing: The Sea-Terms being a ...
... Terms standing for that Thing: The Sea-Terms being a ...
... occurr’d, worthy of Notice, in the Behahaviour of these ...
... occurr’d, worthy of Notice, in the Behaviour of these ...
... CHAP. XII. ...
... CHAP. X. ...
... CHAP. XIII. ...
... CHAP. XI. ...
... CHAP. XIV. ...
... CHAP. XII. ...
... CHAP. XV. ...
... CHAP. XIII. ...
... EEdward Low was born in Westminster, and had his ...
... Edward Low was born in Westminster, and had his ...
... CHAP. XVI. ...
... CHAP. XIV. ...
... CHAP. XVII. ...
... CHAP. XV. ...
... Arms of Charles Jvymay, one of his Consorts, who that ...
... Arms of Charles Ivymay, one of his Consorts, who that ...
... these tragick Proccedings were not undertaken ...
... these tragick Proceedings were not undertaken ...
... CHAP. XVII. ...
... CHAP. XVI. ...
... regimen & Dominnm exclusive of all other Power. ...
... regimen & Dominem exclusive of all other Power. ...
The quite many adjustments in chapter numbers (inlcuding chapter numbers in the Contents) are based on the chapter numbering on the title page.
End of the Project Gutenberg EBook of A General History of the Pyrates:
from their first rise and settlement in the island of Providence,
to the present time, by Daniel Defoe
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