A General History of the Pirates

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 mizzenmast, 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 showed 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 Lordship’s warrant, he stiffly 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 piracy, and executed.

An Abstract of the Civil Law and Statute Law Now in Force, in Relation to Piracy

A pirate 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 pirates 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 Algiers, Sally, Tripoli, 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 piracy; and if the ship arrive in any part of His Majesty’s dominions, it will be seized, and forever lost to the owners; but they are no way liable to make satisfaction.

If a ship is assaulted and taken by the pirates, 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 aboard an English pirate, 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 piracy in them, but the depredation of an enemy, and they will be tried by a martial law.

If piracy 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 piracy be committed on the ocean, and the pirates 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,