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.

Anno Regni Regis GEORGII, Quarto,

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 on Friday the Eighteen Day of October, Anno Domini, 1717. by His Majesty's Commissioners especially Appointed and 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 Captain General, Governour, and Commander in Chief of this Province, and Vice Admiral, &c. President. The Honourable William Dummer Esq Lieutenant Governour of the Province. The Honourable Andrew Belcher, John Cushing, Nathaniel Norden, John Wheelwright, Benjamin Lynde, Thomas Hutchinson, and Thomas Pitch, 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 Squirrel, John Jekyll Esq Collector of the Plantation Duties.

_HIS Excellency the Governour with the Commissioners above-named being Assem|bled, Upon the Motion of His Majesty's Advocate, The Statute Made in the Eleventh and Twelfth Years of King William the Third, with the several Continuations of it; Her late Majesty Queen Ann's Royal Commission of the 20th of October, in the Third Year of Her Reign, Pursuant to the abovesaid Act, under the Broad Seal of England, Constituting the Court, &c. The Proclamation Declaring His Present Majesty's Pleasure for continuing the Officers of His Majesty's Plantations till His Majesty's Pleasure should be further Declared, And also his Excellency's Commission & Instructions from the Crown were openly Read; and the Court Solemnly & Publickly called and proclaimed, and then his Excellency the Governour in the first Place took the Oath appointed in the said Act, And immedi|ately after Administred the same Oath to the several Commissioners. And then Samuel Tyley Gent Notary Publick was Sworn Register of the Court by the President. The Statute Directing that the Register of this Court shall be a Publick Notary. But the Judge of Admiralty and Advocate G. insisted, That the Register of the Court of Admiralty was the only Person lawfully qualified to act as Register on this occasion, he being by vertue of his Office a Notary Publick in matters within Admiralty Jurisdiction. And immediately after the Court Issued out a Warrant signed by the Register, Directed to the Sheriffs of the County of Suffolk in the Province aforesaid, requiring them forthwith to bring into Court the Bodies of Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, from His Majesty's Goal in Boston, they being Accused of and Imprisoned for Piracy, Robbery and Felony commit|ted on the high Sea. And accordingly the Sheriffs brought the Prisoners

into Court, and having hold up their hands at the Bar, the Indictment Ex|hibited against them by Mr. Smith His Majesty's Advocate was Read to them by the Register, and is as follows:

Cur. Justic. Admir. Boston. Amer. Hab. Indictment of Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, for Crimes of Piracy, Robbery & Felony committed on the high Sea.

ALbeit the Crimes of Piracy and Robbery are most Odious and De|testable, being Repugnant to the Laws of Almighty God, Destructive of Government, and Directly Tending to Subvert and Extinguish the Natu|ral and Civil Rights of Mankind, and therefore are strictly Prohibited and Provided against by divers Express Laws, Statutes and Ordinances of our Soveraign Lord the King, and more particularly by an Act of Parliament, Made in the Eleventh and Twelfth Years of the Regin of King William the Third, Entituled, An Act for the more Effectual Suppression of Piracy; Where|by it is Enacted and Ordained,

That such Persons, as shall be attainted & found Guilty of Piracy, Robbery & Felony committed in, or upon the Sea, or in any Haven, River, Creek or Place where the Admiral or Admirals have Power, Authority or Jurisdiction, by their own Confessions, or their Refusing to Plead, or upon the Oath of Witnesses by Process founded on the Authority of His Majesty's Commission or Commissions by the said Act directed and appointed, shall be Executed and put to Death, and also to suffer Loss of Lands, Goods and Chattles;

as in and by the said Act, which was Revived and Confirmed in the first Year of our Soveraign Lord the King, and still continues and remains in full force, will more clearly appear. Nevertheless so it is, That the said Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, To the high displeasure of Almighty God, in open Violation of the Rights of Nations and Mankind, and in Contempt and Defyance of His Majesty's good and wholesome Laws aforesaid, Wilfully, Wickedly, and Feloniously, all and each of them, being Principal Actors and Contrivers, Associates, Confederates, and Accomplices, Did, Perpetrated and Committed on the high Sea sundry Facts of Piracy and Robbery, Distinctly Specified and Expressed, and Qualified with respect to time and place, and manner, when, and where, and in which the said Facts were so done, perpetrated and committed by all and each of them, the said Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, in the several Articles immediately following, Viz.

I. And first, the said Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, & John Shuan, on or about the Twentieth & Sixth day of April last past without lawful Cause or Warrant, in Hostile manner with Force & Arms, Piratically & Felonionsly did surprize, Assault, Invade, and Enter on the High Sea, viz. Between St. Georges Banks and Nantucket Shoalls, a free Trading Vessel or Pink, called the Mary Anne of Dublin, bound from this Harbour to His Majesty's Colony of New-York, which said Vessel or Pink was owned by His Majesty's Subjects of Ireland, having on board her own Cargoe, and Navigated by her own Crew, belong|ing to His Majesty's Kingdom aforesaid.

II. Secondly, The said Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, having in manner aforesaid, entred the said Vessel or Pink, did at the same time and place, aforesaid, Piratically and Feloniously seize and imprison An|drew Crumpstey Master thereof, and him the said Crumpstey did force & con|strain with five of his Crew to leave and abandon the said Vessel or Pink, and to go on board a Ship named the Whido, which Ship was then imployed and exercised by the said Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, and others their Accomplices and Confederates in continued acts of Piracy & Robbery on this, and other Coasts of America.

III. Thirdly, The said Simon Van Vorst, John Brown, Thomas South, Tho|mas Baker, Hendrick Quintor, Peter Cornelius Hoof, & John Shuan, Did on the day, and at the place aforesaid, Piratically and Feloniously Imbezil, Spoil and Rob the Cargoe, of the said Vessel or Pink, consisting chiefly of Wines, and also the Goods & Wearing Apparel of the said Master and his Crew.

IV. Fourthly, The said Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hendrick Quintor, Peter Cornelius Hoof, and John Shuan, having at the time and place, and in manner aforesaid, over powered and sub|dued the said Master and his Crew, and made themselves Masters of the said Vessel or Pink, did then and there Piratically and Feloniously Steer and Di|rect their Course after the above-named Piratical Ship, the Whido, intending to joyn and accompany the same; and thereby, to enable themselves better to pursue and accomplish their Execrable designs to oppress the Innocent, and cover the Sea with Depredations and Robberies.

All which Facts of Piracy, Robbery and Felony having been done, per|petrated and committed at the time and place, and in manner aforesaid, by the said Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hen|drick Quintor, Peter Cornelius Hoof, and John Shuan, all and each of them being principal Actors and Contrivers, Associates, Accomplices and Confe|derates in the said Crimes, and being thereof Convicted and Attainted upon sufficient Proof, made by clear and plenary Evidence before His Majesty's Commissioners, for Hearing, Trying and Adjudging cases of Piracy, Robbery and Felony committed on the High Sea, or within the Admirals Jurisdiction, the said Simon Van Vorst, John Brown, Thomas South, Thomas Baker, Hen|drick Quintor, Peter Cornelius Hoof, and John Shuan, all and each of them ought to be punished by Sentence of the said Court with the pains of Death, and loss of Lands, Goods and Chattels, according to the direction of the Law, and for an Example and Terror to all others.

Ja. Smith, Adv^s. Fis.

The Indictment being Read, the Kings Advocate Moved the Court, That the Prisoners at the Bar should immediately plead Guilty or not Guilty, Al|ledging that the Statute so directed, and likewise the Civil Law. But Simon Van Vorst for himself & the rest of the Prisoners at the Bar, prayed the Court, That they might have the benefit of Council, before they pleaded, that so they might be well advised what to do. Which request the Court was plea|sed to Grant. Then they moved, That Mr. Auchmuty should be of Council for them; to which the Court Agreed.

Mr. Auchmuty being admitted, offered some Pleas to the Jurisdiction of the Court: And after a short hearing, the following Questions were propounded by the Prosecutors for the King, and submitted to the Courts Determination.

Viz.

Q. 1. Whether the Prisoners shall have liberty allowed them to plead a|gainst the Jurisdiction of this Court?

Q. 2. Whether the Prisoners Pleas against the Courts Jurisdiction (if al|lowed to be made) shall come on before they plead Guilty or not Guilty? And both the said Questions were Voted in the Affirmative.

Then it was alledged and pretended in behalf of the Prisoners, That the Commission of the late Queen Anne was of no force after Her Majesty's De|mise: And so the Court had no Power to act by vertue of the said Commis|sion, It having dyed with the Queen: And several Authorities in the Law were Cited and Insisted upon by the Prisoners Council to Maintain his Pleas and Allegations.

To which it was answered, That the Proclamation of His present Majesty King GEORGE, for Continuing Officers, and the subsequent Commission, and the Instructions from the Crown lately Transmitted to the Governour, referring to the Pirates was a sufficient justification of the Authority of the Court to proceed, act, adjudg and determine in all things according to the Powers and Authorities of the above-mentioned Act, which was still in full force; and that the cases which had been Cited, were not to the purpose; and thereupon the following Question was humbly referred to the Courts judgment. Viz.

Quest. Whether this Court hath a sufficient proper Jurisdiction & Trial of the Prisoners at the Bar▪ To which the Court Declared their Opinion in the Affirmative, Nemine Contradicente.

And then all the Prisoners held up their hands again at the Bar, and seve|rally pleaded, Not Guilty, Except John Shuan a French-man, who made known to the Court, That he did not understand English, and therefore was ignorant of what he was charged with in the Indictment. And thereupon Mr. Peter Lucy of Boston, Merchant (being a person of good Credit) was Sworn Interpreter between the Court and the said Shuan; and then by the Courts direction the said Lucy informed the said John Shuan in his own Language of the several Articles Alledged against him in the said Indictment, and then he held up his hand at the Bar and pleaded, Not Guilty.

The Prisoners having severally pleaded to the Indictment, desired Copies thereof, and a further day to prepare for their Trial.

The Court accordingly Ordered the Register without delay to serve the Prisoners with Seven several Copies of the Indictment, with the Names of the Kings Witnesses annexed: And also to issue out Citations to the Witnes|ses to appear at the next Adjournment. And then the Prisoners were sent back to Goal, and the Court was Adjourned to Tuesday the 22d. day of October, Instant, at Nine of the Clock Ante Meridiem.