Part 22

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_ 28_th_, 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 } 1718 * Val. Ashplant } Pyrates with Capt. Davis 1719 * Rob. Birdson } 1719

* Rich. Harris } Phoenix of Bristol, Capt. } * D. Littlejohn } Richards } June 1720 * Thomas How at Newfoundland } + Her. Hunkins Success Sloop * Hugh Harris Willing Mind } * W. Mackintosh } Thomas Wills Richard of Biddiford } July 1720 + 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 } }of Seig. Josseé }

+ James Barrow } Martha Snow Capt Lady * Joshua Lee }

Rob. Hartley (1) } Robinson of Leverpole Capt. Aug. 1721 + James Crane } Kanning

George Smithson } } Roger Pye } } + Rob. Fletcher } Stanwich Galley Captain } Aug. 1721 * Ro. Hartley (2) } Tarlton } + Andrew Rance A Dutch Ship }

* Cuthbert Goss } } * Tho. Giles } Mercy Galley of Bristol } Oct. 1721 * Israel Hynde } at Callibar }

William Church Gertruycht of Holland } Philip Haak Flushingham of ditto } William Smith } Elizabeth Capt. Sharp } Adam Comry } } } William Graves } } * Peter de Vine } King Solomon Capt. Trehern } John Johnson } off Cape Appollonia } John Stodgill } } } Henry Dawson } Whydah Sloop at Jaquin } William Glass } } Jan. 172½ } 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 } * William Petty } Mic. Lemmon } Onslow Capt. Gee at Cestos Jan. 172½ * Wm. Wood } * Ed. Watts } * John Horn } Pierre Ravon Peter Grossey } John Dugan Rence Frogier } James Ardeon Lewis Arnaut } From the Ettrien Gilliot Rence Thoby } French Ship Ren. Marraud Meth Roulac } in Whydah John Gittin John Gumar } Road Feb. Jo. Richardeau John Paquete } 1721-2. John Lavogue Allan Pigan } John Duplaissey Pierce Shillot }

You, _James Skyrm, Michael Lemmon, Robert Hartley_, &c.

Y_E, 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_ 5_th 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 } } * Wm. Fernon } Sadbury Captain Thomas } June 1720. * W. Willams 2 } Thomas Newfoundland } * Roger Scot } }

* Tho. Owen } York of Bristol } * Wm. Taylor } } May 1720. * Joseph Nositer Expedition of Topsham }

* John Parker Willing Mind of Pool } * Robert Crow Happy Return Sloop } * George Smith Mary and Martha } July 1720. * 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 } } Wm. Champnies } Loyd Gally Capt. Hyngston } May 1721. George Danson } } + Isaac Russel } }

Robert Lilbourn } } * Robert Johnson } Jeremiah and Ann, Capt. } Ap. 1721. Wm. Darling } Turner } + Wm. Mead } }

Thomas Diggles Christopher Snow } * Ben. Jeffreys Norman Galley } John Francia a Sloop at St. Nicholas } * D. Harding a Dutch Ship } Ap. 1721. * John Coleman Adventure Sloop } * Charles Bunce a Dutch Galley } * R. Armstrong ditto run from the Swallow } * Abra. Harper } * Peter Lesley } * John Jessup 1 } Thomas Watkins } * Philip Bill } Onslow Capt. Gee at Sestos, May 1721. * Jo. Stephenson } * James Cromby } Thomas Garrat } + George Ogle }

Roger Gorsuch } Martha Snow Au. 1721. John Watson }

William Child } * John Griffin } Mercy Gally at Callabar Oct. 1721. * Pet. Scudamore }

Christ. Granger } Nicho. Brattle } James White } Tho. Davis } Cornwall Galley at ditto. Tho. Sever } Callabar * Rob. Bevins } * T. Oughterlaney } * David Rice } * Rob. Haws Joceline Capt. Loane Oct. 1721. Hugh Riddle } Diligence Boat Ja. 1721. Stephen Thomas }

* John Lane } * Sam. Fletcher } * Wm. Philips } King Solomon ditto. Jacob Johnson } * John King } Benjamin Par Robinson Capt. Kanning ditto. William May } Elizabeth Capt. Sharp } Ed. Thornden } } } * George Wilson } Tarlton of Leverpool at } ditto. Edward Tarlton } Cape la Hou } * Robert Hays } }

Thomas Roberts } John Richards } Charlton Capt. Allwright } Feb. 1721. John Cane }

Richard Wood } } Richard Scot } } Wm. Davison } Porcupine Capt. Fletcher } Feb. 1721. Sam. Morwell } Whydah Road } Edward Evans } } * John Jessup 2 surrender'd up at Princes

You, _Harry Glasby, William Davison, William Champnies, Samuel Morwell_, &c.

Y_E, 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_ 10_th 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_