The Trials of eight persons indited for piracy &c. Of whom two were acquitted, and the rest found guilty. At a justiciary Court of Admiralty assembled and held in Boston within His Majesty's province of the Massachusetts-Bay in New-England, on the 18th of October 1717. And by several adjournments continued to the 30th. Pursuant to His Majesty's commission and instruction, founded on the act of Parliament made in the 11th. & 12th of King William IIId. Intituled, An act for the more effectual suppression of piracy. : With an appendix, containing the substance of their confessions given before His Excellency the governour, when they were first brought to Boston, and committed to goal.

At a Justiciary Court of Admiralty held in the Court House in Boston, for and within His Majesty's Province of the Massachusetts-Bay in New|England by Adjournment on Monday the 28th. of October, 1717. by His Majesty's Commissioners especially Appointed & Cited, as the Law Directs, to Try, Hear and Adjudge Cases of Piracy, Robbery and Felony▪ Committed on the High Seas, viz.

His Excellency Samuel Shute Esq Governour, Vice Admiral, &c. Presi|dent. The Honourable William Dummer Esq Lieutenant Governour. The Honourable Elisha Hutchinson, Penn Townsend, John Cushing, Thomas Hutchinson, and Thomas Fitch, Esqrs of His Majesty's Council for this Province. John Meinzies Esq Judge of the Vice Admiralty. Capt. Thomas Smart Commander of His Majesty's Ship of War the Squir|rel, John Jekyll Esq Collector of the Plantation Duties.

THE Court being Opened by Proclamation issued out a Warrant Di|rected to the Sheriffs of Suffolk, Requiring them forthwith to bring into Court the Body of Thomas Davis from His Majesty's Goal in Boston, where he was Committed, being accused of Piracy, Robbery and Felony on the High Seas; and accordingly the Sheriffs brought the said Thomas Davis to the Bar of this Court: When Silence was Commanded, and after he was Arraigned, and the Indictment filed against him by His Majesty's Advocate, for the Crimes aforesaid was Read, and is as follows. Viz.

The Preamble the same as in the Indictment before.

I. ANd first, The said Thomas Davis, sometime about the latter end of February, or beginning of March last past, did in Confederacy, Combination, and Conspiracy with divers other Profligate & Felonious Per|sons, without any lawful Cause or Warrant, in hostile manner, with force and Arms, Piratically, and Feloniously, chase, assault, invade & enter, on the High Sea, Viz. in the Windward Passage, about three Leagues off the Island com|monly called Long-Island in the West Indies, a Free Trading Ship called the Whido, bound from His Majesty's Colony of Jamaica, to the Port of London, which Ship then was Owned and Navigated by His Majesty's Subjects, of Great Britain, having her own Cargoe on board, and displaying English Colours.

II. And secondly, The said Thomas Davis, having at the time and place, and in manner aforesaid entred on board the said Ship, did then and there in Confederacy, Combination, and Conspiracy, with divers other Profligate and Felonious Persons, Piratically and Feloniously over-power, subdue and im|prison, Lawrence Prince Master of the said Ship, and his Crew, and him the said Lawrence Prince, with his said Crew, did force and constrain, to leave and abandon the said Ship, and her Cargoe, consisting chiefly of Sugar, In|digo, Jesuits Bark, Silver and Gold.

III. Thirdly, The said Thomas Davis, at the time and place aforesaid, in Confederacy, Combination, and Conspiracy, with divers other profligate and Felonious Persons, Piratically and Feloniously seized and possessed him|self of the said Ship and Cargoe; and the said Ship did use, navigate, exercise and imploy in Confederacy with others aforesaid, in Perpetrating and Com|mitting Piracies, Robberies and Depredations.

IV. Fourthly, The said Thomas Davis sometime about the latter end of March or beginning of April last past, then being on board the said Piratical Ship aforesaid, Did on the High Sea, viz. off or near the Capes of Virginia, in Confederacy, Combination and Conspiracy with other Profligate and Fe|lonious Persons, Piratically and Feloniously surprize, assault and take a Free trading Vessel bound from His Majesty's Colony of Barbadoes, to some part of Great Britain, which Vessel then belonged to and was Navigated by His Majesty's Subjects of that part of Great Britain called Scotland, having on board her own Cargoe.

V. Fifthly, The said Thomas Davis at the time and place aforesaid, Did in Confederacy, Combination and Conspiracy with divers other Profligate and Felonious Persons, Piratically and Feloniously, seize and imprison the Master & Crew belonging to the said Vessel, and Robbed the Cargoe there|of, and the said Vessel then and there, and in manner aforesaid, did sink and destroy.

All which Facts of Piracy, Robbery and Felony having been done, per|petrated and committed at the several times and places, and in manner in the preceeding Articles specified and set forth by the said Thomas Davis; And he being thereof duly Convicted and Attainted upon such Accumulative pro|bation offered to be made before His Majesty's Commissioners, in hearing, trying and adjudging cases of Piracy, Robbery and Felony committed on the High Sea, or within the Admirals Jurisdiction, as the discovery of crimes so heinous and atrocious, practised in remote parts, and so Industriously and Obstinately endeavoured to be concealed, admits and requires, he the said Thomas Davis ought to be punished by Sentence of the said Court with the pains of Death, and loss of Lands, Goods and Chattles according to the direction of the Law, to the Example and Terror of others to do, or com|mit the like crimes in times coming.

Ja. Smith, Adv¹. Fis.

The Indictment being Read, It was moved to the Court by the Kings Advocate, That the Prisoner should immediately plead Guilty or not Guitly. But the Prisoner humbly moved the Court that he might have Council assig|ned him, which was allowed. And Mr. Volentine was admitted his Attor|ney; then the Prisoner held up his hand at the Bar, and pleaded Not Guilty. After which the Court ordered the Register to serve the Prisoner with a Copy of the Indictment, with the Names of the Witnesses annexed; and then Adjourned to Wednesday the 30th of October Currant at Nine a Clock in the forenoon.