indicated its refusal to prosecute an indictment. We here find
the Superior Court, the highest common-law court of Massachusetts
under the second charter, taking cognizance of a case of piracy.
Governor Phips had a commission as vice-admiral (text in
_Publications_ of the Colonial Society of Massachusetts, II. 206-215,
372-380), but no judge of admiralty had yet been appointed, nor any
special commission to try pirates.]

* * * * *

_57. Deposition of Thomas Larimore. October 28, 1695._[1]

[Footnote 1: Among the manuscripts of the Massachusetts Historical
Society. Captain Larimore in 1704 played an equivocal part in the case
of Quelch and his pirate crew (see no. 104, _post_), assisting their
attempts to escape, but his testimony as to prize-money is to be
valued, as that of an experienced shipmaster and privateer. In 1677 he
had assisted the authorities of Virginia against the rebel Bacon by
conveying troops in his ship. _Journals of the House of Burgesses_,
II. 70, 79, 86. In 1702 he was sent by Governor Dudley to Jamaica with
a company of volunteers, the first Massachusetts force to serve
overseas. _Publications of the Colonial Society of Massachusetts_,
XVIII. 84-93.]

The Deposition of Thomas Larimore, aged Thirty two Yeares or
thereabouts. This Deponent testifyeth and saith that whenever any
person is fitted out to go in a Private man of Warr there is not wont
to be any Writing drawne betwixt the person fitting and the person
fitted out, and Yet the person fitted out always allows to the person
fitting him out One full Quarter part of a whole share of whatsoever
is gained on the Voyage.

Boston Octobr THOMAS LARIMORE.
28th, 1695. Sworne in Court 30th Octobr. 1695
Attest JONA. ELATSON Cler.
A true Copy of that on file
Examd. AD'TON DAVENPORT, Cler.[2]

[Footnote 2: Addington Davenport, clerk of the Superior Court from
1695 to 1698, and one of its judges from 1715 to 1736.]

CASE OF HENRY EVERY.

_58. Petition of the East India Company. July, 1696._[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46. This
petition is addressed, not to the king in Council, but to the lords
justices who were exercising his functions during the absence of
William III. in Holland, whither he had gone on account of his war
with Louis XIV. The paper is endorsed as read July 16, 1696. A
proclamation was immediately iss