CHAP. IX. OF Captain Bartho. Roberts, And his CREW. (continued 2)

Witness our Hands, this 13th of Jan. 1721-2.

Batt. Roberts, Harry Glasby.

Others were given to the Portuguese Captains, which were in the same Form, but being sign’d by two waggish Fellows, viz. Sutton, and Sympson, they subscribed by the Names of,

Aaron Whifflingpin, Sim. Tugmutton.

But there was something so singularly cruel and barbarous done here to the Porcupine, Captain Fletcher, as must not be passed over without special Remark.

This Ship lay in the Road, almost slaved, when the Pyrates came in, and the Commander being on Shore, settling his Accounts, was sent to for the Ransom, but he excused it, as having no Orders from the Owners; though the true Reason might be, that he thought it dishonourable to treat with Robbers; and that the Ship, separate from the Slaves, towards whom he could mistrust no Cruelty, was not worth the Sum demanded; hereupon, Roberts sends the Boat to transport the Negroes, in order to set her on Fire; but being in hast, and finding that unshackling them cost much Time and Labour, they actually set her on Fire, with eighty of those poor Wretches on Board, chained two and two together, under the miserable Choice of perishing by Fire or Water: Those who jumped overboard from the Flames, were seized by Sharks, a voracious Fish, in Plenty in this Road, and, in their Sight, tore Limb from Limb alive. A Cruelty unparalell’d! And for which had every Individual been hanged, few I imagine would think that Justice had been rigorous.

The Pyrates, indeed, were obliged to dispatch their Business here in hast, because they had intercepted a Letter from General Phips to Mr. Baldwin, the Royal African Company’s Agent at Whydah, (giving an Account, that Roberts had been seen to Windward of Cape Three Points,) that he might the better guard against the Damages to the Company’s Ships, if he should arrive at that Road before the Swallow Man of War, which he assured him, (at the Time of that Letter,) was pursuing them to that Place. Roberts call’d up his Company, and desired they would hear Phip’s Speech, (for so he was pleased to call the Letter,) and notwithstanding their vapouring, perswaded them of the Necessity of moving; for, says he, such brave Fellows cannot be supposed to be frightned at this News, yet that it were better to avoid dry Blows, which is the best that can be expected, if overtaken.

This Advice weigh’d with them, and they got under Sail, having stay’d only from Thursday to Saturday Night, and at Sea voted for the Island of Anna Bona; but the Winds hanging out of the Way, crossed their Purpose, and brought them to Cape Lopez, where I shall leave them for their approaching Fate, and relate some further Particulars of his Majesty’s Ship the Swallow, viz. where it was she had spent her Time, during the Mischief that was done, and by what Means unable to prevent it; what also was the Intelligence she received, and the Measures thereon formed, that at last brought two such Strangers as Mr Roberts and Capt. Ogle, to meet in so remote a Corner of the World.

The Swallow and Weymouth left Sierraleon, May 28, where, I have already taken Notice, Roberts arrived about a Month after, and doubtless learn’d the Intent of their Voyage, and cleaning on the Coast; which made him set down with more Security to his Diversion, and furnish him with such Intimations, as made his first Range down the Coast in August following, more prosperous; the Swallow and Weymouth being then at the Port of Princes a cleaning.

Their Stay at Princes was from July 28 to Sept. 20, 1721, where, by a Fatality, common to the Irregularities of Seamen, (who cannot in such Cases be kept under due Restraints,) they buried 100 Men in three Weeks time, and reduced the Remainder of the Ships Companies into so sickly a State, that it was with Difficulty they brought them to sail; and this Misfortune was probably the Ruin of Roberts, for it prevented the Men of War’s going back to Sierraleon, as it was intended, there being a Necessity of leaving his Majesty’s Ship Weymouth (in much the worse Condition of the two) under the Guns of Cape Corso, to impress Men, being unable at this Time, either to hand the Sails, or weigh her Anchor; and Roberts being ignorant of the Occasion or Alteration of the first Design, fell into the Mouth of Danger, when he thought himself the farthest from it; for the Men of War not endeavouring to attain further to Windward (when they came from Princes) then to secure Cape Corso Road under their Lee, they luckily hovered in the Track he had took.

The Swallow and Weymouth fell in with the Continent at Cape Appollonia, Octo. 20th, and there received the ungrateful News from one Captain Bird; a Notice that awaken’d and put them on their Guard; but they were far from expecting any Temerity should ever bring him a second Time on the Coast, while they were there; therefore the Swallow having seen the Weymouth into Cape Corso Road Nov. 10th, she ply’d to Windward as far as Bassam, rather as an Airing to recover a sickly Ship’s Company, and shew herself to the Trade, which was found every where undisturb’d, and were, for that Reason, returning to her Consort, when accidently meeting a Portuguese Ship, she told her, that the Day before she saw two Ships Chace into Junk, an English Vessel, which she believed must have fallen into their Hands. On this Story, the Swallow clung her Wind, and endeavoured to gain that Place, but receiving soon after (Octo. the 14th) a contrary Report from Captain Plummer, an intelligent Man, in the Jason of Bristol, who had come further to Windward, and neither saw or heard any Thing of this; she turned her Head down the second Time, anchored at Cape Appollonia the 23d, at Cape Tres Puntas the 27th, and in Corso Road January the 7th, 1721-2.

They learned that their Consort the Weymouth, was, by the Assistance of some Soldiers from the Castle, gone to Windward, to demand Restitution of some Goods or Men belonging to the African Company, that were illegally detained by the Dutch at Des Minas; and while they were regretting so long a Separation, an Express came to General Phips, from Axim, the 9th, and followed by another from Dixcove, (an English Factory,) with Information that three Ships had chased and taken a Galley nigh Axim Castle, and a trading Boat belonging to the Company: No doubt was made, concerning what they were, it being taken for granted they were Pyrates, and supposed to be the same that had the August before infested the Coast. The natural Result therefore, from these two Advices, was, to hasten for Whydah; for it was conclued the Prizes they had taken, had informed them how nigh the Swallow was, and withal, how much better in Health than she had been for some Months past; so that unless they were very mad indeed, they would (after being discovered) make the best of their Way for Whydah, and secure the Booty there, without which, their Time and Industry had been entirely lost; most of the Gold lying in that Corner.

The Swallow weighed from Cape-Corso, January the 10th, but was retarded by waiting some Hours on the Margaret, a Company’s Ship, at Accra, again on the Portugal, and a whole Day at Apong, on a Person they used to stile Miss Betty: A Conduct that Mr. Phips blamed, when he heard the Pyrates were miss’d at Whydah, altho’ he had given it as his Opinion, they could not be passed by, and intimated, that to stay a few Hours would prove no Prejudice.

This, however, hinder’d the Swallow’s catching them at Whydah, for the Pyrates came into that Road, with a fresh Gale of Wind, the same Day the Swallow was at Apong, and sail’d the 13th of January from thence, that she arrived the 17th. She gained Notice of them by a French Shallop from Grand Papa, the 14th at Night, and from Little Papa next Morning by a Dutch Ship; so that the Man of War was on all Sides, as she thought, sure of her Purchase, particularly when she made the Ships, and discovered three of them to get under Sail immediately at Sight of her, making Signals to one another, as tho’ they designed a Defence; but they were found to be three French Ships; and those at Anchor, Portuguese and English, all honest Traders, who had been ransack’d and ransom’d.

This Disappointment chagreen’d the Ship’s Company, who were very intent upon their Market; which was reported to be an Arm-Chest full of Gold, and kept with three Keys; tho’ in all liklyhood, had they met with them in that open Road, one or both would have made their Escapes; or if they had thought sit to have fought, an Emulation in their Defence would probably have made it desperate.

While they were contemplating on the Matter, a Letter was received from Mr. Baldwin, (Governor here for the Company,) signifying, that the Pyrates were at Jaquin, seven Leagues lower. The Swallow weighed at two next Morning, January the 16th, and got to Jaquin by Day-Light, but to no other End, than frightening the Crews of two Portuguese Ships on Shore, who took her for the Pyrate that had struck such Terror at Whydah: She returned therefore that Night, and having been strengthened with thirty Voluntiers, English and French, the discarded Crews of the Porcupine, and the French Ship they had carried from hence, she put to Sea again January the 19th, conjecturing, that either Calabar, Princes, the River Gabone, Cape Lopez, or Annabona, must be touched at for Water and Refreshment, tho’ they should resolve to leave the Coast. As to the former of those Places, I have before observed, it was hazardous to think of, or rather impracticable; Princes had been a sower Grape to them, but being the first in the Way, she came before the Harbour the 29th, where learning no News, without loosing Time, steered for the River Gabone, and anchored at the Mouth of it February the 1st.

This River is navigable by two Channels, and has an Island about five Leagues up, called Popaguays or Parrots, where the Dutch Cruisers, for this Coast, generally Clean, and where sometimes Pyrates come in to look for Prey, or to Refit, it being very convenient, by Reason of a soft Mud about it, that admits a Ship’s lying on Shore, with all her Guns and Stores in, without Damage. Hither Captain Ogle sent his Boat and a Lieutenant, who spoke with a Dutch Ship, above the Island, from whom he had this Account, viz. That he had been four Days from Cape Lopez, and had left no Ship there. However, they beat up for the Cape, without regard to this Story, and on the 5th, at Dawning, was surprized with the Noise of a Gun, which, as the Day brightened, they found was from Cape Lopez Bay, where they discovered three Ships at Anchor, the largest with the King’s Colours and Pendant flying, which was soon after concluded to be Mr. Roberts and his Consorts; but the Swallow being to Windward, and unexpectedly deep in the Bay, was obliged to Steer off, for avoiding a Sand, called the French Man’s Bank, which the Pyrates observed for some Time, and rashly interpreting it to be Fear in her, righted the French Ranger, which was then on the Heel, and ordered her to chase out in all hast, bending several of their Sails in the Pursuit. The Man of War finding they had foolishly mistaken her Design, humoured the Deceit, and kept off to Sea, as if she had been really afraid, and managed her Steerage so, under the Direction of Lieutenant Sun, an experienced Officer, as to let the Ranger come up with her, when they thought they had got so far as not to have their Guns heard by her Consort at the Cape. The Pyrates had such an Opinion of their own Courage, that they could never dream any Body would use a Stratagem to speak with them, and so was the more easily drawn into the Snare.

The Pyrates now drew nigh enough to fire their Chase Guns; they hoisted the black Flag that was worn in Whydah Road, and got their Spritsail Yard along-ships, with Intent to board; no one having ever asked, all this while, what Country Ship they took the Chase to be; they would have her to be a Portuguese, (Sugar being then a Commodity among them,) and were swearing every Minute at the Wind or Sails to expedite so sweet a Chase; but, alass, all turned sour in an Instant: It was with the utmost Consternation they saw her suddenly bring to, and hawl up her lower Ports, now within Pistol-shot, and struck their black Flag upon it directly. After the first Surprize was over, they kept firing at a Distance, hoisted it again, and vapoured with their Cutlashes on the Poop; tho’ wisely endeavouring at the same Time to get away. Being now at their Wits end, boarding was proposed by the Heads of them, and so to make one desperate Push; but the Motion not being well seconded, and their Main-Top-Mast coming down by a Shot, after two Hours firing, it was declin’d; they grew Sick, struck their Colours, and called out for Quarters; having had 10 Men killed out right, and 20 wounded, without the loss or hurt of one of the King’s Men. She had 32 Guns, mann’d with 16 French Men, 20 Negroes, and 77 English. The Colours were thrown over board, that they might not rise in Judgment, nor be display’d in Tryumph over them.

While the Swallow was sending their Boat to fetch the Prisoners, a Blast and Smoak was seen to pour out of the great Cabin, and they thought they were blowing up; but upon enquiry afterwards, found that half a dozen of the most Desperate, when they saw all Hopes fled, had drawn themselves round what Powder they had left in the Steerage, and fired a Pistol into it, but it was too small a Quantity to effect any Thing more, than burning them in a frightful Manner.

This Ship was commanded by one Skyrme, a Welch Man, who, tho’ he had lost his Leg in the Action, would not suffer himself to be dressed, or carried off the Deck; but, like Widrington, fought upon his Stump. The rest appeared gay and brisk, most of them with white Shirts, Watches, and a deal of Silk Vests, but the Gold-Dust belonging to them, was most of it left in the Little Ranger in the Bay, (this Company’s proper Ship,) with the Royal Fortune.

I cannot but take Notice of two among the Crowd, of those disfigured from the Blast of Powder just before mentioned, viz. William Main and Roger Ball. An Officer of the Ship seeing a Silver Call hang at the Wast of the former, said to him, I presume you are Boatswain of this Ship. Then you presume wrong, answered he, for I am Boatswain of the Royal Fortune, Captain Roberts Commander. Then Mr. Boatswain you will be hanged I believe, replies the Officer. That is as your Honour pleases, answered he again, and was for turning away: But the Officer desired to know of him, how the Powder, which had made them in that Condition, came to take Fire.—By G— says he, they are all mad and bewitch’d, for I have lost a good Hat by it. (the Hat and he being both blown out of the Cabin Gallery, into the Sea.) But what signifies a Hat Friend, says the Officer.-Not much answer’d he, the Men being busy in stripping him of his Shoes and Stockings.—The Officer then enquired of him, whether Roberts’s Company were as likely Fellows as these.— There are 120 of them, (answered he) as clever Fellows as ever trod Shoe Leather: Would I were with them!—No doubt on’t, says the Officer.—By G— it is naked Truth, answered he, looking down and seeing himself, by this Time, quite striped.

The Officer then approached Roger Ball, who was seated in a private Corner, with a Look as sullen as Winter, and asked him, how he came blown up in that frightful Manner.—Why, says he, John Morris fired a Pistol into the Powder, and if he had not done it, I would, (bearing his Pain without the least Complaint.) The Officer gave him to understand he was Surgeon, and if he desired it, he would dress him; but he swore it should not be done, and that if any Thing was applied to him, he would tear it off.—Nevertheless the Surgeon had good Nature enough to dress him, tho’ with much trouble: At Night he was in a kind of Delirium, and raved on the Bravery of Roberts, saying, he should shortly be released, as soon as they should meet him, which procured him a lashing down upon the Forecastle, which he resisting with all his Force, caused him to be used with the more Violence, so that he was tied down with so much Severity, that his Flesh being sore and tender with the blowing up, he died next Day of a Mortification.

They secured the Prisoners with Pinions, and Shackles, but the Ship was so much disabled in the Engagement, that they had once Thoughts to set her on Fire; but this would have given them the Trouble of taking the Pyrates wounded Men on Board themselves, and that they were certain the Royal Fortune would wait for their Consort’s Return, they lay by her two Days, repaired her Rigging and other Damages, and sent her into Princes, with the French Men, and four of their own Hands.

On the 9th in the Evening, the Swallow gained the Cape again, and saw the Royal Fortune standing into the Bay with the Neptune, Captain Hill, of London: A good Presage of the next Day’s Success, for they did not doubt but the Temptation of Liquor, and Plunder, they might find in this their new Prize, would make the Pyrates very confused; and so it happened.

On the 10th, in the Morning, the Man of War bore away to round the Cape. Roberts’s Crew discerning their Masts over the Land, went down into the Cabin, to acquaint him of it, he being then at Breakfast with his new Guest, Captain Hill, on a savory Dish of Solomongundy, and some of his own Beer. He took no Notice of it, and his Men almost as little, some saying she was a Portuguese Ship, others a French Slave Ship, but the major Part swore it was the French Ranger returning, and were merrily debating for some Time, on the Manner of Reception, whether they should salute, or not; but as the Swallow approached nigher, Things appeared plainer, and though they were stigmatiz’d with the Name of Cowards, who shewed any Apprehension of Danger, yet some of them, now undeceived, declared it to Roberts, especially one Armstrong, who had deserted from that Ship, and knew her well: Those Roberts swore at as Cowards, who meant to dishearten the Men, asking them if it were so, whether they were afraid to fight, or no? And hardly refrained from Blows. What his own Apprehensions were, till she hawled up her Ports, and hoisted their proper Colours, is uncertain; but then being perfectly convinced, he slipped his Cable, got under Sail, and ordered his Men to Arms, without any shew of Timidity, dropping a first Rate Oath, that it was a Bite, but, at the same Time, resolved, like a gallant Rogue, to get clear, or die.

There was one Armstrong, as I just mention’d, a Deserter from the Swallow, whom they enquired of concerning the Trim and Sailing of that Ship; he told them she sail’d best upon a Wind, and therefore, if they designed to leave her, they should go before it.

The Danger was imminent, and Time very short, to consult of Means to extricate himself; his Resolution in this Streight, was as follows: To pass close to the Swallow, with all their Sails, and receive her Broadside, before they returned a Shot; if disabled by this, or that they could not depend on sailing, then to run on Shore at the Point, (which is steep to) and every one to shift for himself among the Negroes; or failing in these, to board, and blow up together, for he saw that the greatest Part of his Men were drunk, passively Couragious, unfit for Service.

Roberts himself made a gallant Figure, at the Time of the Engagement, being dressed in a rich crimson Damask Wastcoat and Breeches, a red Feather in his Hat, a Gold Chain round his Neck, with a Diamond Cross hanging to it, a Sword in his Hand, and two Pair of Pistols hanging at the End of a Silk Sling, flung over his Shoulders (according to the Fashion of the Pyrates;) and is said to have given his Orders with Boldness, and Spirit; coming, according to what he had purposed, close to the Man of War, received her Fire, and then hoisted his Black Flag, and returned it, shooting away from her, with all the Sail he could pack; and had he took Armstrong’s Advice, to have gone before the Wind, he had probably escaped; but keeping his Tacks down, either by the Winds shifting, or ill Steerage, or both, he was taken a-back with his Sails, and the Swallow came a second Time very nigh to him: He had now perhaps finished the Fight very desperately, if Death, who took a swift Passage in a Grape-Shot, had not interposed, and struck him directly on the Throat. He settled himself on the Tackles of a Gun, which one Stephenson, from the Helm, observing, ran to his Assistance, and not perceiving him wounded, swore at him, and bid him stand up, and fight like a Man; but when he found his Mistake, and that his Captain was certainly dead, he gushed into Tears, and wished the next Shot might be his Lot. They presently threw him over-board, with his Arms and Ornaments on, according to the repeated Request he made in his Life-time.

Roberts was a tall black Man, near forty Years of Age, born at Newey-bagh, nigh Haverford-West, in Pembrokshire, of good natural Parts, and personal Bravery, tho’ he applied them to such wicked Purposes, as made them of no Commendation, frequently drinking D—n to him who ever lived to wear a Halter. He was forc’d himself at first among this Company out of the Prince, Captain Plumb at Anamaboe, about three Years before, where he served as second Mate, and shed, as he us’d to tell the fresh Men, as many Crocodile Tears then as they did now, but Time and good Company had wore it off. He could not plead Want of Employment, nor Incapacity of getting his Bread in an honest way, to favour so vile a Change, nor was he so much a Coward as to pretend it; but frankly own’d, it was to get rid of the disagreeable Superiority of some Masters he was acquainted with, and the Love of Novelty and Change, Maritime Peregrinations had accustom’d him to. In an honest Service, says he, there is thin Commons, low Wages, and hard Labour; in this, Plenty and Satiety, Pleasure and Ease, Liberty and Power; and who would not ballance Creditor on this Side, when all the Hazard that is run for it, at worst, is only a sour Look or two at choaking. No, A merry Life and a short one, shall be my Motto. Thus he preach’d himself into an Approbation of what he at first abhorr’d; and being daily regal’d with Musick, Drinking, and the Gaiety and Diversions of his Companions, these deprav’d Propensities were quickly edg’d and strengthen’d, to the extinguishing of Fear and Conscience. Yet among all the vile and ignominious Acts he had perpetrated, he is said to have had an Aversion towards forcing Men into that Service, and had procured some their Discharge, notwithstanding so many made it their Plea.

When Roberts was gone, as tho’ he had been the Life and Soul of the Gang, their Spirits sunk; many deserted their Quarters, and all stupidly neglected any Means for Defence, or Escape; and their Main-mast soon after being shot by the Board, they had no Way left, but to surrender and call for Quarters. The Swallow kept aloof, while her Boat passed, and repassed for the Prisoners; because they understood they were under an Oath to blow up; and some of the Desperadoes shewed a Willingness that Way, Matches being lighted, and Scuffles happening between those who would, and those who opposed it: But I cannot easily account for this Humour, which can be term’d no more than a false Courage, since any of them had Power to destroy his own Life, either by Pistol, or Drowning, without involving others in the same Fate, who are in no Temper of Mind for it: And at best, it had been only dying, for fear of Death.

She had 40 Guns, and 157 Men, 45 whereof were Negroes; three only were killed in the Action, without any Loss to the Swallow. There was found upwards of 2000 l. in Gold-Dust in her. The Flag could not be got easily from under the fallen Mast, and was therefore recover’d by the Swallow; it had the Figure of a Skeleton in it, and a Man pourtray’d with a flaming Sword in his Hand, intimating a Defyance of Death it self.

The Swallow returned back into Cape Lopez Bay, and found the little Ranger, whom the Pyrates had deserted in hast, for the better Defence of the Ship: She had been plunder’d, according to what I could learn, of 2000 l. in Gold-Dust, (the Shares of those Pyrates who belonged to her;) and Captain Hill, in the Neptune, not unjustly suspected, for he would not wait the Man of War’s returning into the Bay again, but sail’d away immediately, making no Scruple afterwards to own the Seizure of other Goods out of her, and surrender’d, as a Confirmation of all, 50 Ounces at Barbadoes, for which, see the Article at the End of this Book.

All Persons who after the 29th of Septem. 1690, &c.

To sum up the whole, if it be considered, first, that the sickly State of the Men of War, when they sail’d from Princes, was the Misfortune that hindered their being as far as Sierraleon, and consequently out of the Track the Pyrates then took. That those Pyrates, directly contrary to their Design, in the second Expedition, should get above Cape Corso, and that nigh Axim, a Chace should offer, that inevitably must discover them, and be soon communicated to the Men of War. That the satiating their evil and malicious Tempers at Whydah, in burning the Porcupine, and running off with the French Ship, had strengthened the Swallow with 30 Men. That the Swallow should miss them in that Road, where probably she had not, or at least so effectually obtained her End. That they should be so far infatuated at Cape Lopez, as to divide their Strength, which when collected, might have been so formidable. And lastly, that the Conquest should be without Bloodshed: I say, considering all these Circumstances, it shews that the Hand of Providence was concerned in their Destruction. As to their Behaviour after they were taken, it was found that they had great Inclinations to rebel, if they could have laid hold of any Opportunity. For they were very uneasy under Restraint, having been lately all Commanders themselves; nor could they brook their Diet, or Quarters, without cursing and swearing, and upbraiding each other, with the Folly that had brought them to it.

So that to secure themselves against any mad desperate Undertaking of theirs, they strongly barricado’d the Gun-Room, and made another Prison before it; an Officer, with Pistols and Cutlashes, doing Duty, Night and Day, and the Prisoners within, manacled and shackled.

They would yet in these Circumstances be impudently merry, saying, when they viewed their Nakedness, that they had not left them a halfpenny, to give old Charon, to ferry them over Stix: And at their thin Commons, they would observe, that they fell away so fast, that they should not have Weight left to hang them. Sutton used to be very prophane; he happening to be in the same Irons with another Prisoner, who was more serious than ordinary, and read and pray’d often, as became his Condition; this Man Sutton used to swear at, and ask him, what he proposed by so much Noise and Devotion? Heaven, says the other, I hope. Heaven, you Fool, says Sutton, did you ever hear of any Pyrates going thither? Give me H—ll, it’s a merrier Place; I’ll give Roberts a Salute of 13 Guns at Entrance. And when he found such ludicrous Expressions had no Effect on him, he made a formal Complaint, and requested that the Officer would either remove this Man, or take his Prayer-Book away, as a common Disturber.

A Combination and Conspiracy was formed, betwixt Moody, Ashplant, Magnes, Mare, and others, to rise, and kill the Officers, and run away with the Ship. This they had carried on by Means of a Mulatto Boy, who was allow’d to attend them, and proved very trusty in his Messages, between the Principals; but the Evening of that Night they were to have made this Struggle, two of the Prisoners that sat next to Ashplant, heard the Boy whisper them upon the Project, and naming to him the Hour they should be ready, presently gave Notice of it to the Captain, which put the Ship in an Alarm, for a little Time; and, on Examination, several of them had made shift to break off, or lose, their Shackles, (no doubt for such Purpose;) but it tended only to procure to themselves worse Usage and Confinement.

In the same Passage to Cape Corso, the Prize, Royal Fortune, was in the same Danger. She was left at the Island of St. Thomas’s, in the Possession of an Officer, and a few Men, to take in some fresh Provisions, (which were scarce at Cape Corso) with Orders to follow the Ship. There were only some of the Pyrates Negroes, three or four wounded Prisoners, and Scudamore, their Surgeon; from whom they seemed to be under no Apprehension, especially from the last, who might have hoped for Favour, on Account of his Employ; and had stood so much indebted for his Liberty, eating and drinking constantly with the Officer; yet this Fellow, regardless of the Favour, and lost to all Sense of Reformation, endeavoured to bring over the Negroes to his Design of murdering the People, and running away with the Ship. He easily prevailed with the Negroes to come into the Design; but when he came to communicate it to his Fellow Prisoners, and would have drawn them into the same Measures, by telling them, he understood Navigation, that the Negroes were stout Fellows, and by a Smattering he had in the Angolan Language, he had found willing to undertake such an Enterprize; and that it was better venturing to do this, run down the Coast, and raise a new Company, than to proceed to Cape Corso, and be hanged like a Dog, and Sun dry’d. One of them abhorring the Cruelty, or fearing the Success, discovered it to the Officer, who made him immediately a Prisoner, and brought the Ship safe.

When they came to be lodg’d in Cape Corso-Castle, their Hopes of this kind all cut off, and that they were assured they must there soon receive a final Sentence; the Note was changed among most of them, and from vain insolent jesting, they became serious and devout, begging for good Books, and joyning in publick Prayers, and singing of Psalms, twice at least every Day.

As to their Tryals, if we should give them at length, it may appear tedious to the Reader, for which Reason, I have, for the avoiding Tautology and Repetition, put as many of them together as were try’d for the same Fact, reserving the Circumstances which are most material, with Observations on the dying Behaviour of such of them, as came to my Knowledge.

And first, it may be observed from the List, that a great Part of these Pyrate Ships Crews, were Men entered on the Coast of Africa, not many Months before they were taken; from whence, it may be concluded, that the pretended Constraint of Roberts, on them, was very often a Complotment between Parties equally willing: And this Roberts several Times openly declared, particularly to the Onslow’s People, whom he called aft, and ask’d of them, who was willing to go, for he would force no Body? As was deposed, by some of his best Hands, after Acquittal; nor is it reasonable to think, he should reject Irish Voluntiers, only from a Pique against Kennedy, and force others, that might hazard, and, in Time, destroy his Government: But their Behaviour soon put him out of this Fear, and convinc’d him, that the Plea of Force was only the best Artifice they had to shelter themselves under, in Case they should be taken; and that they were less Rogues than others, only in Point of Time.

It may likewise be taken Notice of, that the Country, wherein they happened to be tried, is among other Happinesses, exempted from Lawyers, and Law-Books, so that the Office of Register, of necessity fell on one, not versed in those Affairs, which might justify the Court in want of Form, more essentially supply’d with Integrity and Impartiality.

But, perhaps, if there was less Law, there might be more Justice, than in some other Courts; for, if the civil Law be a Law of universal Reason, judging of the Rectitude, or Obliquity of Mens Actions, every Man of common Sense is endued with a Portion of it, at least sufficient to make him distinguish Right from Wrong, or what the Civilians call, Malum in se.

Therefore, here, if two Persons were equally Guilty of the same Fact, there was no convicting one, and bringing the other off, by any Quirk, or turn of Law; for they form’d their Judgments upon the Constraint, or Willingness, the Aim, and Intention of the Parties, and all other Circumstances, which make a material Difference. Besides, in Crimes of this Nature, Men bred up to the Sea, must be more knowing, and much abler, than others more learned in the Law; for, before a Man can have a right Idea of a Thing, he must know the Terms standing for that Thing: The Sea-Terms being a Language by it self, which no Lawyer can be supposed to understand, he must of Consequence want that discriminating Faculty, which should direct him to judge right of the Facts meant by those Terms.

The Court well knew, it was not possible to get the Evidence of every Sufferer by this Crew, and therefore, first of all, considered how that Deficiency should be supplied; whether, or no, they could pardon one Jo. Dennis, who had early offered himself, as King’s Evidence, and was the best read in their Lives and Conversations: Here indeed, they were at a Loss for Law, and concluded in the Negative, because it look’d like compounding with a Man to swear falsly, losing by it, those great Helps he could have afforded.

Another great Difficulty in their Proceedings, was, how to understand those Words in the Act of Parliament, of, particularly specifying in the Charge, the Circumstances of Time, Place, &c. i. e. so to understand them, as to be able to hold a Court; for if they had been indicted on particular Robberies, the Evidence had happened mostly from the Royal African Company’s Ships, on which these Gentlemen of Cape-Corso-Castle, were not qualify’d to sit, their Oath running, That they have no Interest directly, or indirectly, in the Ship, or Goods, for the Robbery of which, the Party stands accused: And this they thought they had, Commissions being paid them, on such Goods: And on the other Side, if they were incapacitated, no Court could be formed, the Commission absolutely requiring three of them by Name.

To reconcile all Things, therefore, the Court resolved, to bottom the whole of their Proceedings on the Swallow’s Depositions, which were clear and plain, and had the Circumstance of Time when, Place where, Manner how, and the like, particularly specified according to the Statute in that Case made, and provided. But this admitted only a general Intimation of Robbery in the Indictment, therefore to approve their Clemency, it looking Arbitrary on the Lives of Men, to lump them to the Gallows, in such a summary Way as must have been done, had they solely adhered to the Swallow’s Charge, they resolved to come to particular Tryals.

Secondly, That the Prisoners might not be ignorant whereon to answer, and so have all fair Advantages, to excuse and defend themselves; the Court farther agreed with Justice and Equanimity, to hear any Evidence that could be brought, to weaken or corroborate the three Circumstances that compleat a Pyrate; first, being a Voluntier amongst them at the Beginning; secondly, being a Voluntier at the taking or robbing of any Ship; or lastly, voluntarily accepting a Share in the Booty of those that did; for by a Parity of Reason, where these Actions were of their own disposing, and yet committed by them, it must be believed their Hearts and Hands joyned together, in what they acted against his Majesty’s Ship the Swallow.

The TRYALS of the PYRATES,

Taken by his Majesty’s Ship the Swallow, begun at Cape Corso-Castle, on the Coast of Africa, March the 28th, 1722.

THE Commission impowered any three named therein, to call to their Assistance, such a Number of qualified Persons as might make the Court always consist of seven: And accordingly Summons were signed to Lieut. Jo. Barnsley, Lieut. Ch. Fanshaw, Capt. Samuel Hartsease, and Capt. William Menzies, viz.

BY Virtue of a Power and Authority, to us given, by a Commission from the King, under the Seal of Admiralty, You are hereby required to attend, and make one of the Court, for the trying and adjudging of the Pyrates, lately taken on this Coast, by his Majesty’s Ship the Swallow.

Given under our Hands this 28th of March, 1722, at Cape Carso-Castle.

Mungo Heardman, James Phips, Henry Dodson, Francis Boy, Edward Hide.

The Commissioners being met in the Hall of the Castle, the Commission was first read, after which, the President, and then the other Members, took the Oath, prescribed in the Act of Parliament, and having directed the Form of that for Witnesses, as follows, the Court was opened.

I, A. B. solemnly promise and swear on the Holy Evangelists, to bear true and faithful Witness between the King and Prisoner, or Prisoners, in Relation to the Fact, or Facts, of Pyracy and Robbery, he or they do now stand accused of. So help me God.

The Court consisted of Captain Mungo Heardman, President. James Phips, Esq; General of the Coast, Mr. H. Dodson, Mer. Mr. F. Boye, Mer. Mr. Edward Hyde, Secretary to the Company. Lieut. John Barnsley, Lieut. Ch. Fanshaw.

The following Prisoners, out of the Pyrate Ship Ranger, having been commanded before them, the Charge, or Indictment, was exhibited.

Prisoners taken in the Ranger.

Mens Names. Ships from Time when.

* James Skyrm Greyhound Sloop Oct. 1720

* Rich. Hardy Pyrate with Davis 1718

* Wm. Main Brigantine Capt. Peet June 1720

* Henry Dennis Pyrates with Capt. Davis 1718

* Val. Ashplant 1719

* Rob. Birdson 1719

* Rich. Harris Phoenix of Bristol, Capt. Richards June 1720

* D. Littlejohn

* Thomas How at Newfoundland

† Her. Hunkins Success Sloop

* Hugh Harris Willing Mind July 1720

* W. Mackintosh

Thomas Wills Richard of Biddiford

† John Wilden Mary and Martha

* Ja. Greenham Little York, Phillips Mr.

* John Jaynson Love of Lancaster

† Chri. Lang Thomas Brigantine Sept. 1720

* John Mitchel Norman Galley Oct. 1720

T. Withstandenot

Peter la Fever Jeremiah and Ann Ap. 1720

* Wm. Shurin

* Wm. Wats Sierraleon of Mr. Glin July 1721

* Wm. Davis Sierraleon of Seig. Josseé

† James Barrow Martha Snow Capt Lady

* Joshua Lee

Rob. Hartley (1) Robinson of Leverpole Capt. Kanning Aug. 1721

† James Crane

George Smithson Stanwich Galley Captain Tarlton Aug. 1721

Roger Pye

† Rob. Fletcher

* Ro. Hartley (2)

† Andrew Rance A Dutch Ship

* Cuthbert Goss Mercy Galley of Bristol at Callibar Oct. 1721

* Tho. Giles

* Israel Hynde

William Church Gertruycht of Holland Jan. 172½

Philip Haak Flushingham of ditto

William Smith Elizabeth Capt. Sharp

Adam Comry

William Graves

* Peter de Vine King Solomon Capt. Trehern off Cape Appollonia

John Johnson

John Stodgill

Henry Dawson Whydah Sloop at Jaquin

William Glass

Josiah Robinson

John Arnaught

John Davis

† Henry Graves Tarlton Capt. Tho. Tarlton,

Tho. Howard

† John Rimer

Thomas Clephen

Wm. Guineys Porcupine Capt. Fletcher

† James Cosins

Tho. Stretton Onslow Capt. Gee at Cestos Jan. 172½

* William Petty

Mic. Lemmon

* Wm. Wood

* Ed. Watts

* John Horn

Pierre Ravon Peter Grossey From the French Ship in Whydah Road Feb. 1721-2.

John Dugan Rence Frogier

James Ardeon Lewis Arnaut

Ettrien Gilliot Rence Thoby

Ren. Marraud Meth Roulac

John Gittin John Gumar

Jo. Richardeau John Paquete

John Lavogue Allan Pigan

John Duplaissey Pierce Shillot

You, James Skyrm, Michael Lemmon, Robert Hartley, &c.

YE, and every one of you, are in the Name, and by the Authority, of our dread Sovereign Lord, George, King of Great Britain, indicted as follows;

Forasmuch as in open Contempt of the Laws of your Country, ye have all of you been wickedly united, and articled together, for the Annoyance and Disturbance of his Majesty’s trading Subjects by Sea. And have in Conformity to the most evil and mischievous Intentions, been twice down the Coast of Africa, with two Ships; once in the Beginning of August, and a second Time, in January last, sinking, burning, or robbing such Ships, and Vessels, as then happened in your Way.

Particularly, ye stand charged at the Instance, and Information of Captain Chaloner Ogle, as Traytors and Pyrates, for the unlawful Opposition ye made to his Majesty’s Ship, the Swallow, under his Command.

For that on the 5th of February last past, upon Sight of the aforesaid King’s Ship, ye did immediately weigh Anchor from under Cape Lopez, on the Southern Coast of Africa, in a French built Ship of 32 Guns, called the Ranger, and did pursue and chase the aforesaid King’s Ship, with such Dispatch and Precipitancy, as declared ye common Robbers and Pyrates.

That about Ten of the Clock the same Morning, drawing within Gun-shot of his Majesty’s aforesaid Ship the Swallow, ye hoisted a pyratical black Flag, and fired several chace Guns, to deter, as much as ye were able, his Majesty’s Servants from their Duty.

That an Hour after this, being very nigh to the aforesaid King’s Ship, ye did audaciously continue in a hostile Defence and Assault, for about two Hours more, in open Violation of the Laws, and in Defiance to the King’s Colours and Commission.

And lastly, that in the acting, and compassing of all this, ye were all, and every one of you, in a wicked Combination, voluntarily to exert, and actually did, in your several Stations, use your utmost Endeavours to distress the said King’s Ship, and murder his Majesty’s good Subjects.

To which they severally pleaded, Not Guilty.

Then the Court called for the Officers of the Swallow, Mr. Isaac Sun, Lieutenant, Ralph Baldrick, Boatswain, Daniel Maclauglin, Mate, desiring them to view the Prisoners, whether they knew them? And to give an Account in what Manner they had attack’d and fought the King’s Ship; and they agreed as follows.

That they had viewed all the Prisoners, as they stood now before the Court, and were assured they were the same taken out of one, or other, of the Pyrate Ships, Royal Fortune, or Ranger; but verily believe them to be taken out of the Ranger.

That they did in the King’s Ship, at break of Day, on Monday, the 5th of February, 1721-2, discover three Ships at Anchor, under Cape Lopez, on the Southern Coast of Africa; the Cape bearing then W. S. W. about three Leagues, and perceiving one of them to have a Pendant flying, and having heard their Morning-Gun before, they immediately suspected them to be Roberts the Pyrate, his consort, and a French Ship, they knew had been lately carried out of Whydah Road.

The King’s Ship was obliged to hawl off N. W. and W. N. W. to avoid a Sand, called, the French Man’s Bank, the Wind then at S. S. E. and found in half an Hour’s time, one of the three had got under Sail from the Careen, and was bending her Sails, in a Chace towards them. To encourage this Rashness and Precipitancy, they kept away before the Wind, (as though afraid,) but with their Tacks on Board, their Main-Yard braced, and making, at the same Time, very bad Steerage.

About half an Hour after Ten, in the Morning, the Pyrate Ship came within Gun-shot, and fired four Chace Guns, hoisted a black Flag at the Mizen-Peek, and got their Sprit-sail Yard under their Bowsprit, for boarding. In half an Hour more, approaching still nigher, they Starboarded their Helm, and gave her a Broadside, the Pyrate bringing to, and returning the same.

After this, the Deponents say, their Fire grew slack for some Time, because the Pyrate was shot so far a Head on the Weather-Bow, that few of their Guns could Point to her; yet in this Interval their black Flag was either Shot away, or hawled down a little Space, and hoisted again.

At length, by their ill Steerage, and Favour of the Wind, they came near, a second Time; and about Two in the Afternoon shot away their Main-topmast.

The Colours they fought under, besides a black Flag, were a red English Ensign, a King’s Jack, and a Dutch Pendant, which they struck at, or about, Three in the Afternoon, and called for Quarters; it proving to be a French built Ship of 32 Guns, called the Ranger.

Isaac Sun, Ralph Baldrick, Daniel Maclauglin.

When the Evidence had been heard, the Prisoners were called upon to answer, how they came on Board this Pyrate Ship; and their Reason for so audacious a Resistance, as had been made against the King’s Ship.

To this, each, in his Reply, owned himself to be one of those taken out of the Ranger; that he had signed their pyratical Articles, and shared in their Plunder, some few only accepted, who had been there too short a Time. But that neither in this signing, or sharing, nor in the Resistance had been made against his Majesty’s Ship, had they been Voluntiers, but had acted in these several Parts, from a Terror of Death; which a Law amongst them, was to be the Portion of those who refused. The Court then ask’d, who made those Laws? How those Guns came to be fired? Or why they had not deserted their Stations, and mutinied, when so fair a Prospect of Redemption offered? They replied still, with the same Answers, and could extenuate their Crimes, with no other Plea, than being forced Men. Wherefore the Court were of Opinion, that the Indictment, as it charged them with an unlawful Attack and Resistance of the King’s Ship, was sufficiently proved; but then it being undeniably evident, that many of these Prisoners had been forced, and some of them of very short standing, they did, on mature Deliberation, come to this merciful Resolution;

That they would hear further Evidence for, or against, each Person singly, in Relation to those Parts of the Indictment, which declared them Voluntiers, or charged them with aiding and assisting, at the burning, sinking, or robbing of other Ships; for if they acted, or assisted, in any Robberies or Devastations, it would be a Conviction they were Voluntiers; here such Evidence, though it might want the Form, still carried the Reason of the Law with it.

The Charge was exhibited also against the following Pyrates taken out of the Royal Fortune.

* Mich. Mare in the Rover 5 Years ago

* Chris. Moody under Davis 1718.

* Mar. Johnson a Dutch Ship 1718.

* James Philips the RevengePyrate Sloop 1717.

* David Symson Pyrates with Davis

* Tho. Sutton

* Hag. Jacobson a Dutch Ship 1719

* W. Williams 1 Sadbury Captain Thomas Newfoundland June 1720

* Wm. Fernon

* W. Willams 2

* Roger Scot

* Tho. Owen York of Bristol May 1720.

* Wm. Taylor

* Joseph Nositer Expedition of Topsham

* John Parker Willing Mind of Pool July 1720.

* Robert Crow Happy Return Sloop

* George Smith Mary and Martha

* Ja. Clements Success Sloop

* John Walden Blessing of Lymington

* Jo. Mansfield from Martinico

† James Harris Richard Pink

* John Philips a fishing Boat

Harry Glasby Samuel Capt. Cary. July 1720.

Hugh Menzies

* Wm. Magnus

* Joseph Moor May Flower Sloop Feb. 1720.

† John du Frock Loyd Gally Capt. Hyngston May 1721.

Wm. Champnies

George Danson

† Isaac Russel

Robert Lilbourn Jeremiah and Ann, Capt. Turner Ap. 1721.

* Robert Johnson

Wm. Darling

† Wm. Mead

Thomas Diggles Christopher Snow Ap. 1721.

* Ben. Jeffreys Norman Galley

John Francia a Sloop at St. Nicholas

* D. Harding a Dutch Ship

* John Coleman Adventure Sloop

* Charles Bunce a Dutch Galley

* R. Armstrong ditto run from the Swallow

* Abra. Harper Onslow Capt. Gee at Sestos, May 1721.

* Peter Lesley

* John Jessup 1

Thomas Watkins

* Philip Bill

* Jo. Stephenson

* James Cromby

Thomas Garrat

† George Ogle

Roger Gorsuch Martha Snow Au. 1721.

John Watson

William Child Mercy Gally at Callabar Oct. 1721.

* John Griffin

* Pet. Scudamore

Christ. Granger Cornwall Galley at Callabar ditto.

Nicho. Brattle

James White

Tho. Davis

Tho. Sever

* Rob. Bevins

* T. Oughterlaney

* David Rice

* Rob. Haws Joceline Capt. Loane Oct. 1721.

Hugh Riddle Diligence Boat Ja. 1721.

Stephen Thomas

* John Lane King Solomon ditto.

* Sam. Fletcher

* Wm. Philips

Jacob Johnson

* John King

Benjamin Par Robinson Capt. Kanning ditto.

William May Elizabeth Capt. Sharp ditto.

Ed. Thornden

* George Wilson Tarlton of Leverpool at Cape la Hou

Edward Tarlton

* Robert Hays

Thomas Roberts Charlton Capt. Allwright Feb. 1721.

John Richards

John Cane

Richard Wood Porcupine Capt. Fletcher Whydah Road Feb. 1721.

Richard Scot

Wm. Davison

Sam. Morwell

Edward Evans

* John Jessup 2 surrender'd up at Princes

You, Harry Glasby, William Davison, William Champnies, Samuel Morwell, &c.

YE, and every one of you, are, in the Name, and by the Authority of our most dread Sovereign Lord George, King of Great Britain, indicted as follows.

Forasmuch as in open Contempt and Violation of the Laws of your Country, to which ye ought to have been subject, ye have all of you been wickedly united and articled together, for the Annoyance and Destruction of his Majesty’s trading Subjects by Sea; and in Conformity to so wicked an Agreement and Association, ye have been twice lately down this Coast of Africa, once in August, and a second Time in January last, spoiling and destroying many Goods and Vessels of his Majesty’s Subjects, and other trading Nations.

Particularly ye stand indicted at the Information and Instance of Captain Chaloner Ogle, as Traytors, Robbers, Pyrates, and common Enemies to Mankind.

For that on the 10th of February last, in a Ship ye were possess’d of called the Royal Fortune, of 40 Guns, ye did maintain a hostile Defence and Resistance for some Hours, against his Majesty’s Ship the Swallow, nigh Cape Lopez Bay, on the Southern Coast of Africa.

That this Fight and insolent Resistance against the King’s Ship, was made, not only without any Pretence of Authority, more than that of your own private depraved Wills, but was done also under a black Flag, flagrantly by that, denoting your selves common Robbers and Traitors, Opposers and Violators of the Laws.

And lastly, that in this Resistance, ye were all of you Voluntiers, and did, as such, contribute your utmost Efforts, for disabling and distressing the aforesaid King’s Ship, and deterring his Majesty’s Servants therein, from their Duty.

To which they severally pleaded, Not Guilty.

Whereupon the Officers of his Majesty’s Ship, the Swallow, were called again, and testified as follows.

That they had seen all the Prisoners now before the Court, and knew them to be the same which were taken out of one or other of the Pyrate Ships, Royal Fortune or Ranger, and verily believe them to be those taken out of the Royal Fortune.

That the Prisoners were possess’d of a Ship of 40 Guns, called the Royal Fortune, and were at an Anchor under Cape Lopez, on the Coast of Africa, with two others: When his Majesty’s Ship the Swallow, (to which the Deponents belong’d, and were Officers,) stood in for the Place, on Saturday the 10th of February 1721-2: The largest had a Jack, Ensign and Pendant flying, (being this Royal Fortune,) who on Sight of them, had their Boats passing and repassing, from the other two, which they supposed to be with Men: The Wind not favouring the aforesaid King’s Ship, she was obliged to make two Trips to gain nigh enough the Wind, to fetch in with the Pyrates; and being at length little more than random Shot from them, they found she slipped her Cable, and got under Sail.

At Eleven, the Pyrate was within Pistol-Shot, a Breast of them, with a black Flag, and Pendant hoisted at their Main-topmast Head. The Deponents say, they then struck the French Ensign that had continued hoisted at their Staff all the Morning till then; and display’d the King’s Colours, giving her, at the same Time, their Broadside, which was immediately returned.

The Pyrate’s Mizen-topmast fell, and some of her Rigging was torn, yet she still out sailed the Man of War, and slid half Gun-Shot from them, while they continued to fire without Intermission, and the other to return such Guns as could be brought to bear, till by favour of the Winds, they were advanced very nigh again; and after exchanging a few more Shot, about half an Hour past one, his Main-Mast came down, having received a Shot a little below the Parrel.

At Two she struck her Colours, and called for Quarters, proving to be a Ship, formerly call’d the Onslow, but by them, the Royal Fortune; and the Prisoners from her, assured them, that the smallest Ship of the two, then remaining in the Road, belong’d to them, by the Name of the Little Ranger, which they had deserted on this Occasion.

Isaac Sun, Ralph Baldrick, Daniel Maclaughlin.

The Prisoners were asked by the Court, to the same Purpose the others had been in the Morning; what Exception they had to make against what had been sworn? And what they had to say in their Defence? And their Reply were much the same with the other Prisoners; that they were forc’d Men, had not fired a Gun in this Resistance against the Swallow, and that what little Assistance they did give on this Occasion, was to the Sails and Rigging, to comply with the arbitrary Commands of Roberts, who had threaten’d, and they were perswaded would, have Shot them on Refusal.

The Court, to dispense equal Justice, mercifully resolved for these, as they had done for the other Pyrate Crew; that further Evidence should be heard against each Man singly, to the two Points, of being a Voluntier at first, and to their particular Acts of Pyracy and Robbery since: That so Men, who had been lately received amongst them, and as yet, had not been at the taking, or plundering, of any Ship, might have the Opportunity, and Benefit, of clearing their Innocence, and not fall promiscuously with the Guilty.

By Order of the Court, John Atkins, Register.

Wm. Magnes, Tho. Oughterlauney, Wm. Main, Wm. Mackintosh, Val. Ashplant, John Walden, Israel Hind, Marcus Johnson, Wm. Petty, Wm. Fernon, Abraham Harper, Wm. Wood, Tho. How, John Stephenson, Ch. Bunce, and John Griffin

Against these it was deposed by Captain Joseph Trahern, and George Fenn, his Mate, that they were all of them, either at the attacking and taking of the Ship King Solomon, or afterwards at the robbing and plundering of her, and in this Manner; That on the 6th of January last their Ship riding at Anchor near Cape Appollonia in Africa, discovered a Boat rowing towards them, against Wind and Stream, from a Ship that lay about three Miles to Leeward. They judged from the Number of Men in her, as she nearer advanced, to be a Pyrate, and made some Preparation for receiving her, believing, on a nigher View, they would think fit to withdraw from an Attack that must be on their Side with great Disadvantage in an open Boat, and against double the Number of Men; yet by the Rashness, and the Pusillanimity of his own People (who laid down their Arms, and immediately called for Quarter) the Ship was taken, and afterwards robbed by them.

President. Can you charge your Memory with any Particulars in the Seizure and Robbery?

Evidence. We know that Magnes, Quarter-Master of the Pyrate Ship, commanded the Men in this Boat that took us, and assumed the Authority of ordering her Provisions and Stores out, which being of different Kinds, we soon found, were seized and sent away under more particular Directions; for Main, as Boatswain of the Pyrate Ship, carried away two Cables, and several Coils of Rope, as what belonged to his Province, beating some of our own Men for not being brisk enough at working in the Robbery. Petty, as Sail-maker, saw to the Sails and Canvas; Harper, as Cooper to the Cask and Tools; Griffin, to the Carpenter’s Stores, and Oughterlauney, as Pilot, having shifted himself with a Suit of my Clothes, a new tye Wig, and called for a Bottle of Wine, ordered the Ship, very arrogantly, to be steered under Commadore Robert’s Stern, (I suppose to know what Orders there were concerning her.) So far particularly. In the general, Sir, they were very outragious and emulous in Mischief.

President. Mr. Castel, acquaint the Court of what you know in Relation to this Robbery of the King Solomon; after what Manner the Pyrate-Boat was dispatch’d for this Attempt.

Tho. Castel. I was a Prisoner, Sir, with the Pyrates when their Boat was ordered upon that Service, and found, upon a Resolution of going, Word was passed through the Company, Who would go? And I saw all that did, did it voluntarily; no Compulsion, but rather pressing who should be foremost.

The Prisoners yielded to what had been sworn about the Attack and Robbery, but denied the latter Evidence, saying, Roberts hector’d, and upbraided them of Cowardice on this very Occasion; and told some, they were very ready to step on Board of a Prize when within Command of the Ship, but now there seem’d to be a Tryal of their Valour, backward and fearful.

President. So that Roberts forc’d ye upon this Attack.

Prisoners. Roberts commanded us into the Boat, and the Quarter-Master to rob the Ship; neither of whose Commands we dared to have refused.

President. And granting it so, those are still your own Acts, since done by Orders from Officers of your own Election. Why would Men, honestly disposed, give their Votes for such a Captain and such a Quarter-Master as were every Day commanding them on distastful Services?

Here succeeded a Silence among the Prisoners, but at length Fernon very honestly own’d, that he did not give his Vote to Magnes, but to David Sympson (the old Quarter-Master,) for in Truth, says he, I took Magnes for too honest a Man, and unfit for the Business.

The Evidence was plain and home, and the Court, without any Hesitation, brought them in Guilty.

WILLIAM Church, Phil. Haak, James White, Nich. Brattle, Hugh Riddle, William Thomas, Tho. Roberts, Jo. Richards, Jo. Cane, R. Wood, R. Scot, Wm. Davison, Sam. Morwell, Edward Evans, Wm. Guineys, and 18 French Men.

The four first of these Prisoners, it was evident to the Court, served as Musick on Board the Pyrate, were forced lately from the several Merchant Ships they belonged to; and that they had, during this Confinement, an uneasy Life of it, having sometimes their Fiddles, and often their Heads broke, only for excusing themselves, or saying they were tired, when any Fellow took it in his Head to demand a Tune.

The other English had been a very few Days on Board the Pyrate, only from Whydah to Cape Lopez, and no Capture or Robbery done by them in that Time. And the French Men were brought with a Design to reconduct their own Ship (or the Little Ranger in Exchange) to Whydah Road again, and were used like Prisoners; neither quarter’d nor suffered to carry Arms. So that the Court immediately acquiesced in, Acquitting them.

THO. Sutton, David Sympson, Christopher Moody, Phil. Bill, R. Hardy, Hen. Dennis, David Rice, Wm. Williams, R. Harris, Geo. Smith, Ed. Watts, Jo. Mitchell and James Barrow.

The Evidence against these Prisoners, were Geret de Haen, Master of the Flushingham, taken nigh Axim, the Beginning of January last.

Benj. Kreft Master, and James Groet Mate of the Gertruycht, taken nigh Gabone in December last, and Mr. Castel, Wingfield and others, that had been Prisoners with the Pyrates.

The former deposed, that all these Prisoners (excepting Hardy) were on Board at the Robbery and Plunder of their Ships, behaving in a vile outragious Manner, putting them in bodily Fears, sometimes for the Ship, and sometimes for themselves; and in particular, Kreft charged it on Sutton, that he had ordered all their Gunner’s Stores out; on which that Prisoner presently interrupted, and said, he was perjured, That he had not taken half. A Reply, I believe, not designed as any sawcy Way of jesting, but to give their Behaviour an Appearance of more Humanity than the Dutch would allow.

From Mr. Castel, Wingfield and others, they were proved to be distinguished Men, Men who were consulted as Chiefs in all Enterprizes; belonged most of them to the House of Lords, (as they call’d it,) and could carry an Authority over others. The former said, particularly of Hardy, (Quarter-Master of the Ranger,) that when the Diligence Sloop was taken, (whereto he belonged,) none was busier in the Plunder, and was the very Man who scuttled and sunk that Vessel.

From some of the Prisoners acquitted, it was farther demanded, whether the Acceptance or Refusal of any Office was not in their own Option? And it was declared, that every Officer was chose by a Majority of Votes, and might refuse, if he pleased, since others gladly embraced what brought with it an additional Share of Prize. Guilty

The Court on the 31st of March, remanded the following six before them, for Sentence, viz. Dav. Sympson, Wm. Magnes, R. Hardy, Thomas Sutton, Christopher Moody, and Valen. Ashplant.

To whom the President spoke to the following Purpose; The Crime of Pyracy, of which all of ye have been justly convicted, is of all other Robberies the most aggravating and inhumane, in that being removed from the Fears of Surprize, in remote and distant Parts, ye do in Wantonness of Power often add Cruelty to Theft.

Pyrates unmoved at Distress or Poverty, not only spoil and rob, but do it from Men needy, and who are purchasing their Livlihoods thro’ Hazards and Difficulties, which ought rather to move Compassion; and what is still worse, do often, by Perswasion or Force, engage the inconsiderate Part of them, to their own and Families Ruin, removing them from their Wives and Children, and by that, from the Means that should support them from Misery and Want.

To a trading Nation, nothing can be so Destructive as Pyracy, or call for more exemplary Punishment; besides, the national Reflection it infers: It cuts off the Returns of Industry, and those plentiful Importations that alone can make an Island flourishing; and it is your Aggravation, that ye have been the Chiefs and Rulers in these licentious and lawless Practices.

However, contrary to the Measures ye have dealt, ye have been heard with Patience, and tho’ little has, or possibly could, have been said in Excuse or Extenuation of your Crimes, yet Charity makes us hope that a true and sincere Repentance (which we heartily recommend) may entitle ye to Mercy and Forgiveness, after the Sentence of the Law has taken Place, which now remains upon me to pronounce.

YOU Dav. Simpson, William Magnes, R. Hardy, Tho. Sutton, Christopher Moody, and Val. Ashplant.

Ye, and each of you, are adjudged and sentenced, to be carried back to the Place from whence ye came, from thence to the Place of Execution, without the Gates of this Castle, and there within the Flood-Marks, to be hanged by the Neck till ye are dead.

After this, ye, and each of you shall be taken down, and your Bodies hanged in Chains.

Warrant for Execution.

PURSUANT to the Sentence given on Saturday, by the Court of Admiralty, at Cape-Corso-Castle, against Dav. Simpson, Wm. Magnes, R. Hardy, Tho. Sutton, Christopher Moody, and Valentine Ashplant.

You are hereby directed to carry the aforesaid Malefactors to the Place of Execution, without the Gates of this Castle, to Morrow Morning at Nine of the Clock, and there within the Flood-Marks, cause them to be hanged by the Neck till they are dead, for which, this shall be your Warrant. Given under my Hand, this 2d Day of April 1722.

To Joseph Gordyn, Provost-Marshal.

Mungo Heardman.

The Bodies remove in Chains, to the Gibbets already erected on the adjacent Hillocks.

M. H.

William Phillips.

IT appeared by the Evidence of Captain Jo. Trahern, and George Fenn, Mate of the King Solomon, that this Prisoner was Boatswain of the same Ship, when she was attacked and taken off Cape Appollonia, the 6th of January last, by the Pyrate’s Boat.

When the Boat drew nigh, (they say,) it was judged from the Number of Men in her, that they were Pyrates, and being hailed, answered, Defiance; at which the Commander snatched a Musquet from one of his Men, and fired, asking them at the same Time, whether they would stand by him, to defend the Ship? But the Pyrates returning a Volley, and crying out, they would give no Quarters if any Resistance was made; this Prisoner took upon him to call out for Quarters, without the Master’s Consent, and mislead the rest to the laying down their Arms, and giving up the Ship, to half the Number of Men, and in an open Boat. It was further evident he became, after this, a Voluntier amongst them. First, because he was presently very forward and brisk, in robbing the Ship King Solomon, of her Provisions and Stores. Secondly, because he endeavoured to have his Captain ill used; and lastly, because he had confessed to Fenn, that he had been obliged to sign their Articles that Night, (a Pistol being laid on the Table, to signify he must do it, or be shot,) when the whole appeared to be an Untruth from other Evidence, who also asserted his being armed in the Action against the Swallow.

In answer to this, he first observed upon the Unhappiness of being friendless in this Part of the World, which, elsewhere, by witnessing to the Honesty of his former Life, would, he believed, in a great Measure, have invalidated the wrong Evidence had been given of his being a Voluntier with the Pyrates. He owns indeed, he made no Application to his Captain, to intercede for a Discharge, but excuses it with saying, he had a dislike to him, and therefore was sure that such Application would have avail’d him nothing.

The Court observed the Pretences of this, and other of the Pyrates, of a Pistol and their Articles being served up in a Dish together, or of their being misused and forced from an honest Service, was often a Complotment of the Parties, to render them less suspected of those they came from, and was to answer the End of being put in a News-Paper or Affidavit: and the Pyrates were so generous as not to refuse a Compliment to a Brother that cost them nothing, and, at the same Time, secured them the best Hands; the best I call them, because such a Dependance made them act more boldly. Guilty.

Harry Glasby, Master.

THere appearing several Persons in Court, who had been taken by Roberts’s Ship, whereof the Prisoner was Master, their Evidence was accepted as follows.

Jo. Trahern, Commander of the King Solomon, deposed, the Prisoner, indeed, to act as Master of the Pyrate Ship (while he was under Restraint there) but was observed like no Master, every one obeying at Discretion, of which he had taken Notice, and complained to him, how hard a Condition it was, to be a Chief among Brutes; and that he was weary of his Life, and such other Expressions, (now out of his Memory,) as shew’d in him a great Disinclination to that Course of Living.

Jo. Wingfield, a Prisoner with them at Calabar, says the same, as to the Quality he acted in, but that he was Civil beyond any of them, and verily believes, that when the Brigantine he served on Board of, as a Factor for the African Company, was voted to be burnt, this Man was the Instrument of preventing it, expressing himself with a great deal of Sorrow, for this and the like malicious Rogueries of the Company he was in; that to him shewed, he had acted with Reluctancy, as one who could not avoid what he did. He adds further, that when one Hamilton, a Surgeon, was taken by them, and the Articles about to be imposed on him, he opposed, and prevented it. And that Hunter, another Surgeon, among them, was cleared at the Prisoner’s Instance and Perswasion; from which last, this Deponent had it assured to him, that Glasby had once been under Sentence of Death, on Board of them, with two more, for endeavouring an Escape in the West-Indies, and that the other two were really shot for it.

Elizabeth Trengrove, who was taken a Passenger in the African Company’s Ship Onslow, strengthen’d the Evidence of the last Witness; for having heard a good Character of this Glasby, she enquired of the Quarter-Master, who was then on Board a robbing, whether or no she could see him? And he told her, No; they never ventured him from the Ship, for he had once endeavoured his Escape, and they had ever since continued jealous of him.

Edward Crisp, Captain Trengrove, and Captain Sharp, who had all been taken in their Turns, acknowledge for themselves and others, who had unluckily fallen into those Pyrates Hands, that the good Usage they had met with, was chiefly thro’ the Prisoner’s Means, who often interposed, for leaving sufficient Stores and Instruments on Board the Ships they had robbed, alledging, they were superfluous and unnecessary there.

James White, whose Business was Musick, and was on the Poop of the Pyrate Ship in Time of Action with the Swallow, deposed, that during the Engagement, and Defence she made, he never saw the Prisoner busied about the Guns, or giving Orders, either to the loading or firing of them; but that he wholly attended to the setting, or trimming, of the Sails, as Roberts commanded; and that in the Conclusion, he verily believed him to be the Man who prevented the Ship’s being blown up, by setting trusty Centinels below, and opposing himself against such hot-headed Fellows as had procured lighted Matches, and were going down for that Purpose.

Isaac Sun, Lieutenant of the Man of War, deposed, that when he came to take Possession of the Prize, in the King’s Boat, he found the Pyrates in a very distracted and divided Condition; some being for blowing up, and others (who perhaps supposed themselves least culpable) opposing it: That in this Confusion he enquired for the Prisoner, of whom he had before heard a good Character; and thinks he rendered all the Service in his Power, for preventing it; in particular, he understood by all Hands, that he had seized, and taken, from one James Philips, a lighted Match, at the Instant he was going down to the Magazine, swearing, that he should send them all to H—l together. He had heard also, that after Roberts was killed, the Prisoner ordered the Colours to be struck; and had since shown, how opposite his Practice and Principles had been, by discovering who were the greatest Rogues among them.

The Prisoner, in his own Defence, says, when he had the Misfortune of falling into the Pyrates Hands, he was chief Mate of the Samuel, of London, Captain Cary; and when he had hid himself, to prevent the Design of carrying him away, they found him, and beat and threw him over-board. Seven Days afterwards, upon his objecting against, and refusing to sign their Articles, he was cut and abus’d again: That tho’ after this he ingratiated himself, by a more humble Carriage, it was only to make Life easy; the Shares they had given him, having been from Time to Time returned again to such Prisoners as fell in his Way; till of late, indeed, he had made a small Reservation, and had desired Captain Loan to take two or three Moidores from him, to carry to his Wife. He was once taken, he says, at making his Escape, in the West-Indies, and, with two more, sentenced to be shot for it, by a drunken Jury; the latter actually suffered, and he was preserved only by one of the chief Pyrates taking a sudden Liking to him, and bullying the others. A second time he ran away at Hispaniola, carrying a Pocket Compass, for conducting him through the Woods; but that being a most desolate and wild Part of the Island he fell upon, and he ignorant how to direct his Course, was obliged, after two or three Days wandering, to return towards the Ship again, denying with egregious Oaths, the Design he was charg’d with, for Fear they should shoot him. From this Time he hopes it will be some Extenuation of his Fault, that most of the acquitted Prisoners can witness, they entertained Jealousies of him, and Roberts would not admit him into his Secrets; and withal, that Captain Cary, (and four other Passengers with him) had made Affidavit of his having been forced from his Employ, which tho’ he could not produce, yet he humbly hoped the Court would think highly probable from the Circumstances offered.

On the whole, the Court was of Opinion Artists had the best Pretension to the Plea of Force, from the Necessity Pyrates are sometimes under of engaging such, and that many Parts of his own Defence had been confirmed by the Evidence, who had asserted he acted with Reluctance, and had expressed a Concern and Trouble for the little Hopes remained to him, of extricating himself. That he had used all Prisoners (as they were called) well, at the hazard of ill Usage to himself. That he had not in any military Capacity assisted their Robberies. That he had twice endeavoured his Escape, with the utmost Danger. Acquitted him.

Captain James Skyrm.

IT appeared from the Evidence of several Prisoners acquitted, that this Skyrm commanded the Ranger, in that Defence she made against the King’s Ship; that he ordered the Men to their Quarters, and the Guns to be loaded and fired, having a Sword in his Hand, to enforce those Commands; and beat such to their Duty whom he espied any way negligent or backward. That altho’ he had lost a Leg in the Action, his Temper was so warm, as to refuse going off the Deck, till he found all was lost.

In his Defence, he says, he was forced from a Mate’s Employ on Board a Sloop call’d the Greyhound, of St. Christophers, Oct. 1720. The Pyrate having drubbed him, and broke his Head, only for offering to go away when that Sloop was dismissed. Custom and Success had since indeed blunted, and, in some Measure, worn out the Sense of Shame; but that he had really for several Months past been sick, and disqualified for any Duty, and though Roberts had forced him on this Expedition much against his Will, yet the Evidence must be sensible, the Title of Captain gave him no Pre-eminence, for he could not be obeyed, though he had often called to them, to leave off their Fire, when he perceived it to be the King’s Ship.

The Sickness he alledged, but more especially the Circumstance of losing his Leg, were Aggravations of his Fault, shewing him more alert on such Occasions, than he was now willing to be thought: As to the Name of Captain, if it were allowed to give him no Precedence out of Battle, yet here it was proved a Title of Authority; such an Authority as could direct an Engagement against the King’s Colours, and therefore he was in the highest Degree, Guilty.

John Walden.

CAptain John Trahern, and George Fenn, deposed, the Prisoner to be one of the Number, who, in an open Boat, pyratically assailed, and took their Ship, and was remarkably busy at Mischief, having a Pole-Ax in his Hand, which served him instead of a Key, to all the lock’d Doors and Boxes he come nigh: Also in particular, he cut the Cable of our Ship, when the other Pyrates were willing, and busied at heaving up the Anchor, saying, Captain, what signifies this Trouble of Yo Hope and straining in hot Weather; there are more Anchors at London, and besides, your Ship is to be burnt.

William Smith, (a Prisoner acquitted,) says Walden was known among the Pyrates mostly, by the Nick-Name of Miss Nanney (ironically its presumed from the Hardness of his Temper) that he was one of the twenty who voluntarily came on Board the Ranger, in the Chace she made out after the Swallow, and by a Shot from that Ship, lost his Leg; his Behaviour in the Fight, till then, being bold and daring.

The President, called for Harry Glasby, and bid him relate a Character of the Prisoner, and what Custom was among them, in Relation to these voluntary Expeditions, out of their proper Ship; and this of going on Board the Ranger, in particular.

And he gave in for Evidence, that the Prisoner was looked on as a brisk Hand, (i. e. as he farther explained it, a stanch Pyrate, a great Rogue) that when the Swallow first appeared in Sight, every one was willing to believe her a Portuguese, because Sugar was very much in Demand, and had made some Jarring and Dissention between the two Companies, (the Fortune’s People drinking Punch, when the Ranger’s could not) that Roberts, on Sight of the Swallow, hailed the new Ranger, and bid them right Ship, and get under Sail; there is, says he, Sugar in the Offing, bring it in, that we may have no more Mumbling; ordering at the same Time the Word to be pass’d among the Crew, who would go to their Assistance, and immediately the Boat was full of Men, to transport themselves.

President. Then every one that goes on Board of any Prize, does it voluntarily? Or were there here any other Reasons for it?

H. Glasby. Every Man is commonly called by List, and insists, in his Turn, to go on Board of a Prize, because they then are allowed a Shift of Cloaths, (the best they can find) over and above the Dividend from the Robbery, and this they are so far from being compelled to, that it often becomes the Occasion of Contest and Quarrel amongst them: But in the present, or such like Cases, where there appears a Prospect of Trouble, the Lazy and Timerous are often willing to decline this Turn, and yield to their Betters, who thereby establish a greater Credit.

The Prisoner, and the rest of those Men who went from the Fortune on Board the Ranger, to assist in this Expedition, were Voluntiers, and the trustiest Men among us.

President. Were there no Jealousies of the Ranger’s leaving you in this Chace, or at any other Time, in order to surrender?

H. Glasby. Most of the Ranger’s Crew were fresh Men, Men who had been enter’d only since their being on the Coast of Guiney, and therefore had not so liberal a Share in fresh Provisions, or Wine, as the Fortune’s People, who thought they had born the Burthen and Heat of the Day, which had given Occasion indeed to some Grumblings and Whispers, as tho’ they would take an Opportunity to leave us, but we never supposed (if they did) it would be with any other Design then setting up for themselves, they having (many of them) behaved with greater Severity than the old Standers.

The Prisoner appeared undaunted, and rather solicitous, about resting his Stump, than giving any Answer to the Court, or making any Defence for himself, till called upon; then he related in a careless, or rather hopeless Manner, the Circumstances of his first Entrance, being forced, he said, out of the Blessing of Lemmington, at Newfoundland, about 12 Months past; this, he is sure, most of the old Pyrates knew, and that he was for some Time as sick of the Change as any Man; but Custom and ill Company had altered him, owning very frankly, that he was at the Attack, and taking of the King Solomon, that he did cut her Cable, and that none were forced on those Occasions.

As to the last Expedition in the Ranger, he confesses he went on Board of her, but that it was by Robert’s Order; and in the Chace loaded one Gun, to bring her to, but when he saw it was a Bite, he declared to his Comrades, that it was not worth while to resist, forbore firing, and assisted to reeve the Braces, in order, if they could, to get away, in which sort of Service he was busied, when a Shot from the Man of War took off his Leg: And being asked, that supposing the Chace had proved a Portuguese? Why then, says he, I dont know what I might have done, intimating withal, that every Body then would have been ready enough at plundering. Guilty.

Peter Scudamore.

HArry Glasby, Jo. Wingfield, and Nicholas Brattle, depose thus much, as to his being a Voluntier with the Pyrates, from Capt. Rolls, at Calabar. First, That he quarrelled with Moody, (one of the Heads of the Gang) and fought with him, because he opposed his going, asking Rolls, in a leering manner, whether he would not be so kind, as to put him into the Gazette, when he came Home. And, at another Time, when he was going from the Pyrate Ship, in his Boat, a Turnado arose, I wish, says he, the Rascal may be drowned, for he is a great Rogue, and has endeavoured to do me all the ill Offices he could among these Gentlemen, (i. e.Pyrates.)

And secondly, That he had signed the Pyrate’s Articles with a great deal of Alacrity, and gloried in having been the first Surgeon that had done so, (for before this, it was their Custom to change their Surgeons, when they desired it, after having served a Time, and never obliged them to sign, but he was resolved to break thro’ this, for the good of those who were to follow,) swearing immediately upon it, he was now, he hoped, as great a Rogue as any of them.

Captain Jo. Trahern, and George Fenn, his Mate, deposed, the Prisoner to have taken out of the King Solomon, their Surgeon’s capital Instruments, some Medicines, and a Back-Gammon Table; which latter became the Means of a Quarrel between one Wincon, and he, whose Property they should be, and were yielded to the Prisoner.

Jo. Sharp, Master of the Elizabeth, heard the Prisoner ask Roberts leave to force Comry, his Surgeon, from him, which was accordingly done, and with him, carried also some of the Ship’s Medicines: But what gave a fuller Proof of the dishonesty of his Principles, was, the treacherous Design he had formed of running away with the Prize, in her Passage to Cape Corso, though he had been treated with all Humanity, and very unlike a Prisoner, on Account of his Employ and better Education, which had rendred him less to be suspected.

Mr. Child, (acquitted) depos’d, that in their Passage from the Island of St. Thomas, in the Fortune Prize, this Prisoner was several Times tempting him, into Measures of rising with the Negroes, and killing the Swallow’s People, shewing him, how easily the white Men might be demolished, and a new Company raised at Angola, and that Part of the Coast, for, says he, I understand how to navigate a Ship, and can soon teach you to steer; and is it not better to do this, than to go back to Cape-Corso, and be hanged and Sun-dryed? To which the Deponent replying, he was not afraid of being hanged, Scudamore bid him be still, and no Harm should come to him; but before the next Day-Evening, which was the designed Time of executing this Project, the Deponent discovered it to the Officer, and assured him, Scudamore had been talking all the preceeding Night to the Negroes, in Angolan Language.

Isaac Burnet heard the Prisoner ask James Harris, a Pyrate, (left with the wounded in the Prize,) whether he was willing to come into the Project of running away with the Ship, and endeavour the raising of a new Company, but turned the Discourse to Horse-Racing, as the Deponent crept nigher; he acquainted the Officer with what he had heard, who kept the People under Arms all Night, their Apprehensions of the Negroes not being groundless; for many of them having lived a long Time in this pyratical Way, were, by the thin Commons they were now reduced to, as ripe for Mischief as any.

The Prisoner in his Defence said, he was a forced Man from Captain Rolls, in October last, and if he had not shewn such a Concern as became him, at the Alteration, he must remark the Occasion to be, the Disagreement and Enmity between them; but that both Roberts, and Val. Ashplant, threat’ned him into signing their Articles, and that he did it in Terror.

The King Solomon, and Elizabeth Medicine-Chest, he owns he plundered, by Order of Hunter, the then chief Surgeon, who, by the Pyrates Laws, always directs in this Province, and Mr. Child, (tho’ acquitted) had by the same Orders taken out a whole French Medicine-Chest, which he must be sensible for me, as well as for himself, we neither of us dared to have denied; it was their being the proper Judges, made so ungrateful an Office imposed. If after this he was elected chief Surgeon himself, both Comry and Wilson were set up also, and it might have been their Chance to have carried it, and as much out of their Power to have refused.

As to the Attempt of rising and running away with the Prize, he denies it altogether as untrue; a few foolish Words, but only by Way of Supposition, that if the Negroes should take it in their Heads (considering the Weakness, and ill look-out that was kept;) it would have been an easy Matter, in his Opinion for them to have done it; but that he encouraged such a Thing, was false, his talking to them in the Angolan Language, was only a Way of spending his Time, and trying his Skill to tell twenty, he being incapable of further Talk. As to his understanding Navigation, he had frequently acknowledg’d it to the Deponent Child, and wonders he should now so circumstantiate this Skill against him. Guilty.

Robert Johnson.

IT appeared to the Court, that the Prisoner was one of the twenty Men, in that Boat of the Pyrates, which afterwards robb’d the King Solomon, at an Anchor near Cape Appollonia: That all Pyrates on this, and the like Service, were Voluntiers, and he, in particular, had contested his going on Board a second Time, tho’ out of his Turn.

The Prisoner in his Defence, called for Harry Glasby, who witnessed to his being so very drunk, when he first came among their Crew, that they were forced to hoist him out of one Ship into the other, with a Tackle, and therefore without his Consent; but had since been a trusty Man, and was placed to the Helm, in that running Battle they made with the Swallow.

He insisted for himself likewise, on Captain Turner’s Affidavit of his being forced, on which others (his Ship-mates) had been cleared.

The Court considering the Partiality that might be objected in acquitting one, and condemning another of the same standing, thought sit to remark it as a clear Testimony of their Integrity, that their Care and Indulgence to each Man, in allowing his particular Defence, was to exempt from the Rigour of the Law, such, who it must be allowed, would have stood too promiscuously condemned, if they had not been heard upon any other Fact than that of the Swallow; and herein what could better direct them, than a Character and Behaviour from their own Associates; for tho’ a voluntary Entry with the Pyrates may be doubtful, yet his consequent Actions are not, and it is not so material how a Man comes among Pyrates, as how he acts when he is there. Guilty.

George Wilson.

JOHN Sharp, Master of the Elizabeth, in which Ship the Prisoner was Passenger, and fell a second Time into the Pyrates Hands, deposes, that he took the said Wilson off from Sestos, on this Coast, paying to the Negroes for his Ransom, the Value of three Pound five Shillings in Goods, for which he had taken a Note, that he thought he had done a charitable Act in this, till meeting with one Captain Canning, he was ask’d, why he would release such a Rogue as Wilson was? For that he had been a Voluntier with the Pyrates, out of John Tarlton. And when the Deponent came to be a Prisoner himself, he found Thomas, the Brother of this John Tarlton, a Prisoner with the Pyrates also, who was immediately on Wilson’s Instigation, in a most sad manner misused and beat, and had been shot, through the Fury and Rage of some of those Fellows, if the Town-side, (i. e. Liverpool) Men, had not hid him in a Stay-Sail, under the Bowsprit; for Moody and Harper, with their Pistols cock’d, searched every Corner of the Ship to find him, and came to this Deponent’s Hammock, whom they had like fatally to have mistaken for Tarlton, but on his calling out, they found their Error, and left him with this comfortable Anodyne, That he was the honest Fellow who brought the Doctor. At coming away, the Prisoner asked about his Note, whether the Pyrates had it or no? Who not being able readily to tell, he reply’d, it’s no Matter Mr. Sharp, I believe I shall hardly ever come to England to pay it.

Adam Comry, Surgeon of the Elizabeth, says, that altho’ the Prisoner had, on Account of his Indisposition and Want, received many Civilities from him, before meeting with the Pyrates, he yet understood it was thro’ his and Scudamore’s Means, that he had been compelled among them: The Prisoner was very alert and chearful, he says, at meeting with Roberts, hailed him, told him he was glad to see him, and would come on Board presently, borrowing of the Deponent a clean Shirt and Drawers, for his better Appearence and Reception; he signed their Articles willingly, and used Arguments with him to do the same, saying, they should make their Voyage in eight Months, to Brasil, Share 6 or 700 l. a Man, and then break up. Again, when the Crew came to an Election of a chief Surgeon, and this Deponent was set up with the others, Wilson told him, he hoped he should carry it from Scudamore, for that a quarter Share (which they had more than others) would be worth looking after; but the Deponent missed the Preferment, by the good Will of the Ranger’s People, who, in general, voted for Scudamore, to get rid of him, (the chief Surgeon being always to remain with the Commadore.)

It appeared likewise by the Evidence of Captain Jo. Trahern, Tho. Castel, and others, who had been taken by the Pyrates, and thence had Opportunities of observing the Prisoners Conduct, that he seem’d thoroughly satisfy’d with that Way of Life, and was particularly intimate with Roberts; they often scoffing at the Mention of a Man of War, and saying, if they should meet with any of the Turnip-Man’s Ships, they would blow up, and go to H—ll together. Yet setting aside these silly Freaks, to recommend himself, his Laziness had got him many Enemies, even Roberts told him, (on the Complaint of a wounded Man, whom he had refused to dress) that he was a double Rogue, to be there a second Time, and threat’ned to cut his Ears off.

The Evidence further assured the Court, from Captain Thomas Tarlton, that the Prisoner was taken out of his Brother’s Ship, some Months before, a first Time, and being forward to oblige his new Company, had presently ask’d for the Pyrates Boat, to fetch the Medicine Chest away; when the Wind and Current proving too hard to contend with, they were drove on Shore at Cape Montzerado.

The Prisoner called for William Darling, and Samuel Morwel, (acquitted) and Nicholas Butler.

William Darling deposed, the first Time the Prisoner fell into their Hands, Roberts mistook him for Jo. Tarlton the Master, and being informed it was the Surgeon who came to represent him, (then indisposed,) he presently swore he should be his Mess-Mate, to which Wilson reply’d, he hop’d not, he had a Wife and Child, which the other laughed at; and that he had been two Days on Board, before he went in that Boat, which was drove on Shore at Cape Montzerado. And at his second coming, in the Elizabeth, he heard Roberts order he should be brought on Board in the first Boat.

Samuel Morwel says, that he has heard him bewail his Condition, while on Board the Pyrate, and desired one Thomas, to use his Interest with Roberts, for a Discharge, saying, his Employ, and the little Fortune he had left at Home, would, he hop’d, exempt him the further Trouble of seeking his Bread at Sea.