doc. no. 114.]

[Footnote 4: See doc. no. 109, note 8.]

[Footnote 5: Writ. The money on board the _Whidah_ was claimed by the
crown because of its being the product of piracy, not because of the
shipwreck, for if man or cat or dog escaped alive from any shipwrecked
vessel, its contents were technically not "wreck of the sea",
belonging as such to the crown, but were reserved for the owners, with
reasonable salvage to the preservers. A recent act, 12 Anne, II., ch.
18, provided that any who secreted goods saved from a wreck should be
punished with a fine of treble value; but this act did not run in
Massachusetts.]

[Footnote 6: Coroner. Investigation in cases of wreck and
treasure-trove was part of the duties of his office.]

[Footnote 7: Burying.]

[Footnote 8: Col. John Otis, the chief magnate of Barnstable County,
colonel of its militia, judge, member of the governor's council, and
grandfather of James Otis the revolutionary orator.]

Sir, 72 Dead men are Come a shoare out Pirate ship to this Time.

The men that were Down first at the rack

Samuell Harding Jonathan Cole
Joseph Collins Senr. Edward Knowles
Abiel Harding Thomas Wood
Samuell Horton Samuell Airy

Sir, Yr Excellency Most
Obd. Servant

CYPRIAN SOUTHACK.

_111. Deposition of Ralph Merry and Samuel Roberts. May 11, 16,
1717._[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 3.]

We, Ralph Merry and Samuel Roberts, mariners, both of full age,
Joyntly and Severally testify and make Oath That on the twenty sixth
day of April last we belonged to a certain Sloope Called the _Fisher_
(whereof Robert Ingols was Commander), bound to Boston from Virginia,
being laden with Tobacco, hides and other things. That Assoon as we
arived within a few leagues off Cape Codd we met with a Ship of twenty
eight guns called the _Wedaw_, which assoon as they came near, haled
us and Demanded from whence we came. We told 'em That we came from
Virginia and were bound for Boston. Then they asked us whether the
Master was Acquainted here, meaning (as we suppose) with the Coast.
Our Master Answered he knew it very well, Whereupon they Commanded our
Master and Company to hoist out our boat, which we did, and then our
Master and Mate went on board the said Ship. they, keeping our Master
and Mate on board thereof, Sent four men Armed from thence on board of
our Sloop, whereupon the said Ship stood away to the Nort