A General History of the Pyrates Part 17

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 Rect.i.tude, 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 Circ.u.mstances, 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 Circ.u.mstances 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 Circ.u.mstance 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 Circ.u.mstances 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 a.s.sistance, 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 G.o.d.

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. Jossee }

+ 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 Gla.s.s } } Jan. 172 } 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. 172 * 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 a.s.sault, 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 compa.s.sing 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 a.s.sured 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 s.p.a.ce, 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.