powder and Ball, all of the Value of One hundred
pounds.

[Footnote 13: Valued at L1000 in the later indictment.]

Eighthly, For that the sd. John Filmore and Edward Cheesman, in
Conjunction as aforesd., on or about the month of ---- last,[14] near
the Isle of Shoals, on the high sea and within the Jurisdiction
aforesd., with force and Arms Pyratically and Feloniously did
surprize, seize and take an Isle of Shoals Sloop, John Salter Master,
and belonging to His Maj'ties good subjects, in which the sd John
Fillmore and Edward Cheesman did Enter, in Conjunction with sd
Phillips, Nutt, Burril and Archer, together with their Guns,
Ammunition and provision, etc. and Did also then and there, within the
Jurisdiction aforesd., with force as aforesd., Feloniously and
Pyratically surprise, seize and take a schooner, One ---- Chadwell
Master, and also belonging to His Maj'ties Good subjects.[15]

[Footnote 14: Apr. 4.]

[Footnote 15: "Understanding that she belong'd to Mr. Minors at
Newfoundland, with whose Vessel they first went off a pyrating, a
Qualm of Conscience came athwart his [Phillips's] Stomach, and he said
to his Companions, 'We have done him Injury enough already'; so
order'd the Vessel immediately to be repair'd, and return'd her to the
Master". Johnson, second ed., p. 405. The schooner was the _Good-will_
of Marblehead, Benjamin Chadwell.]

Lastly, For that the said John Filmore and Edward Cheesman, in
Conjunction as aforesd., on or about the fourteenth day of April last
past, on the high sea and within the Jurisdiction aforesd., with force
and arms did Feloniously and Pyratically surprise, seise and take a
sloop,[16] Andrew Harradine Master, and belonging to His Maj'ties good
subjects, and on the fifteenth following, with force, etc.,
Feloniously and pyratically did Enter with all their Guns, Ammunition
and Provision, on board sd Sloop. All which sd. acts of Pyracy,
Robbery and Felony were by you and each of you done and Committed in
manner as aforsd., Contrary to the statutes and the Laws in that Case
made and Provided.

[Footnote 16: The _Squirrel_, of Annisquam, a fine new vessel, to
which Phillips transferred. Babson, _History of Gloucester_, pp. 286,
287.]

ROBT. AUCHMUTY, Adv. Genl.[17]

[Footnote 17: Afterward admiralty judge, 1728-1729, 1733-1747.]

Andrew Harradine, Master of the Sloop _Squirell_, Deposeth That on or
about the fourteenth of April last past, about twelve Leagues South
East of t