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.

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.

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.

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.

Nicholas Butler, who had remained with the Pyrates about 48 Hours, when they took the French Ships at Whydah, deposes, that in this Space the Prisoner addressed him in the French Language, several Times, deploring the Wretchedness and ill Fortune of being confined in such Company.

The Prisoner desiring Liberty of two or three Questions, ask’d, whether or no he had not expostulated with Roberts, for a Reason of his obliging Surgeons to sign their Articles, when heretofore they did not; Whether he had not expressed himself glad of having formerly escaped from them? Whether he had not said, at taking the Ships in Whydah Road, that he could like the Sport, were it lawful? And whether if he had not told him, should the Company discharge any Surgeon, that he would insist on it as his Turn? The Deponent answered, Yes, to every Question separately; and farther, that he believes Scudamore had not seen Wilson when he first came and found him out of the Elizabeth.

He added, in his own Defence, that being Surgeon with one John Tarlton, of Leverpool, he was met a first Time on this Coast of Guiney, by Roberts the Pyrate; who, after a Day or two, told him, to his Sorrow, that he was to stay there, and ordered him to fetch his Chest, (not Medicines, as asserted,) which Opportunity he took to make his Escape; for the Boat’s Crew happening to consist of five French and one English Man, all as willing as himself, they agreed to push the Boat on Shore, and trust themselves with the Negroes of Cape Montzerado: Hazardous, not only in Respect of the dangerous Seas that run there, but the Inhumanity of the Natives, who sometimes take a liking to humane Carcasses. Here he remained five Months, till Thomas Tarlton, Brother to his Captain chanced to put in the Road for Trade, to whom he represented his Hardships and starving Condition; but was, in an unchristian Manner, both refused a Release of this Captivity, or so much as a small Supply of Biscuit and salt Meat, because, as he said, he had been among the Pyrates. A little Time after this, the Master of a French Ship paid a Ransom for him, and took him off; but, by Reason of a nasty leperous Indisposition he had contracted by hard and bad living, was, to his great Misfortune set ashore at Sestos again, when Captain Sharp met him, and generously procured his Release in the Manner himself has related, and for which he stands infinitely obliged.—That ill Luck threw him a second Time into the Pyrate’s Hands, in this Ship Elizabeth, where he met Thomas Tarlton, and thoughtlesly used some Reproaches of him, for his severe Treatment at Montzerado; but protests without Design his Words should have had so bad a Consequence; for Roberts took upon him, as a Dispenser of Justice, the Correction of Mr. Tarlton, beating him unmercifully; and he hopes it will be belived, contrary to any Intention of his it should so happen, because as a Stranger he might be supposed to have no Influence, and believes there were some other Motives for it.—He cannot remember he expressed himself glad to see Roberts this second Time, or that he dropped those Expressions about Comry, as are sworn; but if immaturity of Judgment had occasioned him to slip rash and inadvertent Words, or that he had paid any undue Compliments to Roberts, it was to ingratiate himself, as every Prisoner did, for a more civil Treatment, and in particular to procure his Discharge, which he had been promised, and was afraid would have been revoked, if such a Person as Comry did not remain there to supply his Room; and of this, he said, all the Gentlemen (meaning the Pyrates) could witness for him.