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Declaration of Thomas Mitchell. May 24, 1675. [1]

      To the Hon. Court of Assistants sitting in Boston

The Declaration of Thomas Mitchell of Maulden Fisherman Humbly sheweth, That the said Mitchell beinge hired in October last both himself and the Barque whereof he was a part owner, for three moneths certaine and foure uncertaine upon a Tradeing voyage to the Eastward as farre East as a Plais called Siccanecto[2] in the Bottome of the Bay of Fundi by Captaine Peter Roderius and other of the Privateers, as by a Charter Party under their hands and seales more att Large it doth and may appeare, had nott any thought or suspition that the said Privateers would have taken any things from any man wrongfully, they before they went out severall times promiseinge the contrary (which if they should deny may be made to appeare). Butt when sd. Privateers came to the Eastward, instead of complyinge with their Charter Party or makeinge good their Promise, forced the sd. Michell to carry them whither they Pleased, and although the sd. Michell was very earnest Seaverall times with them to be discharged from their service, proffering them at Pemequid,[3] before he went out of this Jurisdiction, to loose the hire of his vessell and with more they desired rather [than] to proceed any further in said voyage, as Lieutt. Gardner[4] and his sonnes can testifie, And when he came backe from Pemequid, had he nott, the winde being Faire, been forced away before he could speak with Lieutt. Gardner, he might have had sufficient testimony from them of his unwillingnesse to proceed any further with them; Neither did the said Michell give his consent to their takeinge of any vessell or goods from any Person but as farr as in him lay and as much as he durst did oppose the same: Neither had the said Michell any share or part of any of the said goods that the aforesd Privateer tooke, nor had any hand in the takeing of either vessells or goods, butt was alwayes agt. such their proceedings, and when they came as farr East as Naskeague,[5] when the Privateers spake of goeing over the Bay of Fundi he told them he had rather give them a Hundred Pounds than goe over the Bay with them, as by the Testimony of Robert Wills may appeare which was sworne by The Worsp'll Mr. Stoughton.[6] Nevertheless they forced the said Michell to goe over the Bay with them, tellinge him they would carry him and his vessell wherever they pleased, And Being at Tuskett Islands,[7] the said Michell demandinge his hyre, telling them the time was expired that was mentioned in the Charter Party, and that he desired to goe home to looke after his familie and to pay his Merch'ts that had betrusted him, And withall he forewarned them for weighing his Anchors for he would stay noe longer in their service; But Richard Fowler, threatninge that he would make a hole through his skinne if hee did nott hold his tongue, went and, whether he would or nott, weighed his Anchors and forced him to goe backe to Machias; The said Privateers by their uncivill Carriage did make the said Michell soe weary of the voyage that if he could have gotten an opportunity he would have come away with his vessell and left them there, though he had lost all his hire and what also he carried out with him; Now the Premisses beinge considered by this Hon'ble Court, he hopes they will have soe much Charitie for him as to conclude him nott guilty of those actions that are laid to his Charge: The Just and Righteous determinations whereof he Leaves to the Wisdome and Clemencie of this Hon'ble Court, and is bound to subscribe Himself

      Your Honours Most Humble Servt.,

      Thomas Mitchell.

      Boston, May the 24th, 1675.

[1] Suffolk Court Files, no. 1390, paper 1. This case appears in the Records of the Court of Assistants, I. 34–39, 42. The chief originator of this episode of piracy was a Dutch captain from Curaçao, Juriaen Arentsen. In 1674, when a state of war existed between France and the Netherlands, he captured the French forts at Castine and St. John, and took possession of the region as "New Holland." Then, "at the Bear in Boston," he gave some sort of commission to another Dutchman or Fleming, Peter Rodrigo or Rodriguez, to John Rhodes of Boston, and others, under which they proceeded in the piratical manner described in documents 41 and 42. The Court of Assistants had now, by a law passed in December, 1673, been fully authorized to act as a court of admiralty (which hitherto it had done without formal authorization); sitting as such, May 17-June 17, 1675, it condemned Peter Rodrigo, Dutchman, John Roads, late of Boston, Peter Grant, Scotchman, Richard Fowler and Randolph Judson, Englishmen, for piracy, and sentenced them to be hanged. All were however pardoned subsequently. Records of Massachusetts Bay, V. 40, 54, 66. Mitchell and Uring were whipped for complicity, of which there was evidence contradicting their testimony here presented. For the background of the whole story, see C.W. Tuttle, Captain Francis Champernowne, the Dutch Conquest of Acadie, and other Historical Papers (Boston, 1889), pp. 137–150, 349–399.

[2] Chignecto, Nova Scotia.

[3] Pemaquid, Maine, east of the mouth of the Damariscotta. There was an English settlement there from 1626. As to the jurisdiction, all this region east of the Kennebec had been included in the Duke of York's patent of 1664, but his governor at New York took no active steps to assume its government till 1677, and de facto Pemaquid in 1675 was in the jurisdiction of Massachusetts, which in 1674 had organized the region east of the Kennebec as the county of Devon.

[4] Lieut. Thomas Gardiner, resident at Pemaquid, was chief military commander and treasurer of the county of Devon, and a county magistrate.

[5] Near Sedgwick, Maine.

[6] William Stoughton, of the Court of Assistants, afterward lieutenant-governor of the province; see document no. 70, post.

[7] Off Yarmouth, Nova Scotia.

42. Declaration of Edward Youreing. May 24, 1675. [1]

      To the Hono'rd Court of Assistants Now Sitting in Boston The Declaration of Edward Youring of Boston, Fisherman, Humbly Showeth:

Thatt whereas the said youring being in October last past, both himselfe and the Barke whereof the said youring was part owner, and being hyred upon A leading Voyage, so farr Easterly as A Place caulled Zecganickto nere the botom of the Bay of Fundy (and noe further), by Capt. Peter Rodregross and Company; As by A Charter Partie, Refferance being had thereunto, more fully may Appear; and allso will therein Declare thatt I your Poore and Humble Declarant Edward Youring had not the Least Intention of anything thereby but onely and honestly to Improve both myselfe and my Interest in the foresaid Barque, in an honest Lawfull way; And it being well knowen and seen, both in Towne or else where wherever my caulling haith Led mee, thatt I have been according to my Capassetye and Abillity an Industreous hard Laberar, whereby I mought gitt wherewith to mentayne my Famely, which in a measure hayth been sumthing Comefortably untell now (through the goodness of God), nor I have not at all been wanting to take the best paynes I could for an honest Livelyhood, both for my selfe and my Familie, I not being so Ignorant but thatt by Instructyans and good Examples being thereby rightlie informed, thatt hee is worse than an Infidle thatt shall not provide for his Familie, etc.; I Doe Declare in the presence of God and Your Hon'rs this Day that, through God's goodness to me, I am Conscious unto my owne

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