Note 85 — Chapter VII · John Quelch and his Crew who were Hanged in Boston and their Gold Distributed

These pirates were tried under authority conferred by a commission sent over in accordance with an Act of the 11th and 12th year of William III, authorizing the trial of pirates by Courts of Admiralty, out of the realm. The commission sent to New England was dated Nov. 23, 1700. This commission required that all trials should be conducted “according to the civil law” of the Province, which at that time required two innocent witnesses against each defendant necessary for a conviction, and in no case was the testimony of an accomplice admissible. Moreover, by the Act under which the commission was issued, principals only were triable in the Admiralty Courts held in the Provinces; accessories were expressly required to be sent to England for trial. We learn from the Boston News-Letter of the third week in July, that Captain Larramore and Lieutenant Wells, of the “Larramore Galley,” had been sent for England in the express sloop “Sea Flower,” Captain Cary, for trial as “Accessaries in endeavouring to carry off the 7 Pirates.... He carries also with him three Evidences of their crime committed.” All the men on board the pirate brigantine could not be considered as principals. In fact, only six men were executed and the rest of those condemned to death at the same time were afterwards set free. Only such as could be shown were principals in committing acts of piracy or murder could be sentenced by the court. All others must clearly be sent to England to be tried by jury. Nothing in the somewhat detailed report of the trial that was printed in London at the time, shows that the accused were even given the benefit of a doubt either as to the law or the testimony. For an analytical summary of this trial, see Acts and Resolves of the Province of Massachusetts Bay, Vol. VIII, p. 397.