A General History of the Pyrates Part 18

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 a.s.sisting, at the burning, sinking, or robbing of other Ships; for if they acted, or a.s.sisted, 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 a.s.sociation, 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 _Sat.u.r.day_ 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 pa.s.sing and repa.s.sing, 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, a.s.sured 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 a.s.sistance 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 a.s.sumed 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.