A General History of the Pyrates Part 29

This inhumane Monster had been concerned with others, in insuring s.h.i.+ps to a great Value, and then destroying them; by which Means, and other Rogueries, he had got a little Money; and being Mate of a s.h.i.+p, was dilligent enough in trading for himself between _Ireland_ and _France_, so that he was in a Way of getting himself a comfortable Livelihood: But, as he resolved to be rich, and finding fair Dealing brought in Wealth but slowly, he contriv'd to put other Things in Execution, and certainly had murthered several innocent Persons in the Prosecution of his abominable Schemes; but as I have now forgot the particular Circ.u.mstances of those Relations, I shall confine my self at present to the Fact for which he suffer'd.

_Roche_ getting acquainted with one _Neal_, a Fisherman at _Cork_, whom he found ready for any villainous Attempt, he imparted his Design to him, who being pleas'd with the Project, brings one _Pierce Cullen_ and his Brother into the Confederacy, together with one _Wise_, who at first was very unwilling to come into their Measures, and, indeed, had the least Hand in the Perpetration of what follows.

They pitch'd upon a Vessel in the Harbour, belonging to _Peter Tartoue_, a _French_ Man, to execute their cruel Intentions upon, because it was a small one, and had not a great Number of Hands on Board, and 'twas easy afterwards to exchange it for one more fit for Pyracy; and therefore they apply'd themselves to the Master of her, for a Pa.s.sage to _Nantz_, whereto the s.h.i.+p was bound; and accordingly, the Beginning of _November_ 1721, they went aboard; and when at Sea, _Philip Roche_ being an experienced Sailor, the Master of the Vessel readily trusted him with the Care of her, at times, while he and the Mate went to rest.

The 15th of _November_, at Night, was the Time designed for the Tragedy; but _Francis Wise_ relented, and appear'd desirous to divert them from their b.l.o.o.d.y Purposes. _Roche_ (sometimes called Captain) told him, _That as_ Cullen _and he had sustained great Losses at Sea, unless every_ Irishman _present would a.s.sist in repairing their Losses, by murthering all the_ French _Rogues, and running away with the s.h.i.+p, he should suffer the same Fate with the_ French _Men; but if all would a.s.sist, all should have a Share in the Booty._ Upon this, they all resolved alike, and Captain _Roche_ ordered three _Frenchmen_ and a Boy up to hand the Topsails, the Master and Mate being then asleep in their Cabins, The two first that came down, they beat out their Brains and threw them over-board: The other two seeing what was done, ran up to the Topmast Head, but _Cullen_ followed them, and taking the Boy by the Arm, tost him into the Sea; then driving down the Man, those below knocked him on the Head, and threw him over-board.

Those who were asleep, being awakened by the dismal Skrieks and Groans of dying Men, ran upon Deck in Confusion, to enquire into the Cause of such unusual Noises; but the same Cruelty was immediately acted towards them, e'er they could be sensible of the Danger that threat'ned them.

They were now (as _Roche_ himself afterwards confess'd) _all over as wet with the Blood that had been spilt, as if they had been dipp'd in Water, or stood in a Shower of Rain, nor did they regard it any more. Roche_ said, Captain _Tartoue_ used many Words for Mercy, and asked them, if he had not used them with Civility and Kindness? If they were not of the same Christian Religion, and owned the same blessed _Jesus_, and the like? But they, not regarding what he said, took Cords and bound the poor Master and his Mate Back to Back, and while that was doing, both of them begged with the utmost Earnestness, and used the most solemn Intreaties, that they would at least allow them a few Minutes to say their Prayers, and beg Mercy of G.o.d for the various Sins and Offences of their Lives: But it did not move them, (though all the rest were dead, and no Danger could be apprehended from them two alone) for the bound Persons were hurry'd up and thrown into the Sea.

The Ma.s.sacre being finished, they washed themselves a little from the Blood, and searched the Chests and Lockers, and all Places about the s.h.i.+p, and then set down in the Captain's Cabin, and refreshed themselves with some Rum they found there, and (as _Roche_ confessed) were never merrier in their Lives. They invested _Roche_ with the Command of the s.h.i.+p, and calling him Captain, talked over their Liquor, what rare Actions they would perform about Cape _Briton, Sable Isle_, and the Banks of _Newfoundland_, whither they designed to go as soon as they had recruited their Company, and got a better s.h.i.+p, which they proposed speedily to do.

_Roche_ taking upon himself the Command of the Vessel, _Andrew Cullen_ was to pa.s.s for a Merchant or Super-cargo; but when they bethought themselves, that they were in Danger of being discovered by the Papers of the s.h.i.+p, 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 s.h.i.+p's Papers, _Peter Roche_ Master; that then having so few Hands on Board, they contrived if they met any s.h.i.+ps, 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 s.h.i.+p 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 s.h.i.+p, but obtained no a.s.sistance. 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 s.h.i.+p, 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 s.h.i.+p, and put up a Lion in its Place, and painted over the Stern of the s.h.i.+p with Red, and new nam'd her the _Mary_ Snow. The s.h.i.+p 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 s.h.i.+p for _England_; but in their Pa.s.sage, in a stormy Night, it being very dark, they took up Mr.

_Annesly_ their Pa.s.senger, and threw him into the Sea, who swam about the s.h.i.+p 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 s.h.i.+p, _Roche_ quits her at _Havre de Grace_, and leaves the Management to _Cullen_ and the rest; who having s.h.i.+pp'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 princ.i.p.al 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 Lords.h.i.+ps 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 s.h.i.+p, 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.

A _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 s.h.i.+p, with a Captain and Mariners, and they, instead of taking the Goods, or s.h.i.+ps of that Nation against whom their Commission is awarded, take the s.h.i.+p and Goods of a Friend, this is Pyracy; and if the s.h.i.+p 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 s.h.i.+p is a.s.saulted and taken by the Pyrates, for Redemption of which, the Master becomes a Slave to the Captors, by the Law_ Marine, _the s.h.i.+p 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 s.h.i.+p, 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 s.h.i.+p is riding at Anchor, and the Mariners all ash.o.r.e, 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 s.h.i.+p 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 s.h.i.+p 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 s.h.i.+p, or Seaman or Mariner, give up his s.h.i.+p_, &c. _to Pyrates, or combine to yield up, or run away with any s.h.i.+p, or lay violent Hand on his Commander, or endeavour to make a Revolt in the s.h.i.+p, he shall be adjudged a Pyrate._

_All Persons who after the_ 29_th of_ September 1720, _shall set forth any Pyrate (or be aiding and a.s.sisting 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 Princ.i.p.als._

_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._

FINISH.