ce and the
Court constitute by the Kings Commission_.[12] And as to submitting to
their Acts of Council when derogatory to His Majestys Interest and the
Authority of his Court of Admiralty (which I conceive their Act of
which I complain is) was what I could not comply with, without
rendering my self unworthy of the Trust committed to me and betraying
thereof. Notwithstanding of all which they persisted in their
Resolution, and not only Debarred me from the Use of the Court House
but also to deliver up the Negroes, etc., to be sold, as I had
ordered, and afterward sold them amongst themselves at an undervalue:
By which their Contempt of his Majesty's Authority and Court of
Admiralty is obvious, Yea, their _incroaching upon and usurping of the
Admiralty Jurisdiction contrary to Queen Ann's express Order_
abovementioned is Palpable, And their refusing to give that aid and
assistance which the Judge did justly require of them in the terms of
his Commission appear to be highly punishable, if not a just ground
for forfeiture of their Charter, more especially being conjoyned with
this of a great many of that Colony, their keeping a continued
Correspondence with the Pirates, which renders the fair Traders very
uneasy, and insecure. All which I humbly submit to their Lordships
Consideration, and pray for redress, suitable encouragement, and
support to him, who is

Sir

Your most humble Servant

J. MENZEIS.

BOSTON 20th July 1721.

[Footnote 11: A commission of a vice-admiralty judge (Richard Morris,
New York, 1762) may be seen in English translation in E.C. Benedict,
_The American Admiralty_, fourth ed. (Albany, 1910), pp. 76-80, and
others in doc. no. 180, _post_, and doc. no. 181.]

[Footnote 12: See doc. no. 105, note 1.]

CASES OF JOHN ROSE ARCHER AND OTHERS.

_119. Trial of John Fillmore and Edward Cheesman. May 12, 1724._[1]

[Footnote 1: This and the ensuing documents, nos. 119-122, are taken
from the Massachusetts Archives, vol. 63, pp. 341-360, with some
omissions of repetitious matter. Judge Sewall notes in his diary, May
1, 1724, "After Lecture I heard the good News of Andrew Harradine and
others rising up and subjugating Phillips the Pirat". _Mass. Hist.
Soc. Coll._, XLVII. 335, where extracts telling the story are
transcribed from the _Boston News-Letter_ of Apr. 16, May 7, and May
21. Cheesman threw John Nutt, the master of the pirate ship,
overboard; "Harradine struck down [John] Phillips the