A General History of the Pyrates, page 25
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 theCoast of Africa, March the 28th, 1722.
T HE 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.
B Y Virtue of a Power and Authority, to us given, by a Commission from the King, under the Seal of Admiralty, You are hereby required to attend, and make one of the Court, for the trying and adjudging of the Pyrates, lately taken on this Coast, by his Majesty’s Ship the Swallow.
Given under our Hands this 28th of March,
1722, at Cape Carso-Castle.
Mungo Heardman,
James Phips,
Henry Dodson,
Francis Boy,
Edward Hide.
The Commissioners being met in the Hall of the Castle, the Commission was first read, after which, the President, and then the other Members, took the Oath, prescribed in the Act of Parliament, and having directed the Form of that for Witnesses, as follows, the Court was opened.
I, A. B. solemnly promise and swear on the Holy Evangelists, to bear true and faithful Witness between the King and Prisoner, or Prisoners, in Relation to the Fact, or Facts, of Pyracy and Robbery, he or they do now stand accused of. So help me God.
The Court consisted of Captain Mungo Heardman, President. James Phips, Esq; General of the Coast, Mr. H. Dodson, Mer. Mr. F. Boye, Mer. Mr. Edward Hyde, Secretary to the Company. Lieut. John Barnsley, Lieut. Ch. Fanshaw.
The following Prisoners, out of the Pyrate Ship Ranger, having been commanded before them, the Charge, or Indictment, was exhibited.
Prisoners taken in the Ranger.
Mens Names.
Ships from
Time when.
* James Skyrm
Greyhound Sloop
Oct. 1720
* Rich. Hardy
Pyrate with Davis
1718
* Wm. Main
Brigantine Capt. Peet
June 1720
* Henry Dennis
Pyrates with Capt. Davis
1718
* Val. Ashplant
1719
* Rob. Birdson
1719
* Rich. Harris
Phoenix of Bristol, Capt. Richards
June 1720
* D. Littlejohn
* Thomas How
at Newfoundland
† Her. Hunkins
Success Sloop
* Hugh Harris
Willing Mind
July 1720
* W. Mackintosh
Thomas Wills
Richard of Biddiford
† John Wilden
Mary and Martha
* Ja. Greenham
Little York, Phillips Mr.
* John Jaynson
Love of Lancaster
† Chri. Lang
Thomas Brigantine
Sept. 1720
* John Mitchel
Norman Galley
Oct. 1720
T. Withstandenot
Peter la Fever
Jeremiah and Ann
Ap. 1720
* Wm. Shurin
* Wm. Wats
Sierraleon of Mr. Glin
July 1721
* Wm. Davis
Sierraleon of Seig. Josseé
† James Barrow
Martha Snow Capt Lady
* Joshua Lee
Rob. Hartley (1)
Robinson of Leverpole Capt. Kanning
Aug. 1721
† James Crane
George Smithson
Stanwich Galley Captain Tarlton
Aug. 1721
Roger Pye
† Rob. Fletcher
* Ro. Hartley (2)
† Andrew Rance
A Dutch Ship
* Cuthbert Goss
Mercy Galley of Bristol at Callibar
Oct. 1721
* Tho. Giles
* Israel Hynde
William Church
Gertruycht of Holland
Jan. 172½
Philip Haak
Flushingham of ditto
William Smith
Elizabeth Capt. Sharp
Adam Comry
William Graves
* Peter de Vine
King Solomon Capt. Trehern off Cape Appollonia
John Johnson
John Stodgill
Henry Dawson
Whydah Sloop at Jaquin
William Glass
Josiah Robinson
John Arnaught
John Davis
† Henry Graves
Tarlton Capt. Tho. Tarlton,
Tho. Howard
† John Rimer
Thomas Clephen
Wm. Guineys
Porcupine Capt. Fletcher
† James Cosins
Tho. Stretton
Onslow Capt. Gee at Cestos
Jan. 172½
* William Petty
Mic. Lemmon
* Wm. Wood
* Ed. Watts
* John Horn
Pierre Ravon
Peter Grossey
From the French Ship in Whydah Road Feb. 1721-2.
John Dugan
Rence Frogier
James Ardeon
Lewis Arnaut
Ettrien Gilliot
Rence Thoby
Ren. Marraud
Meth Roulac
John Gittin
John Gumar
Jo. Richardeau
John Paquete
John Lavogue
Allan Pigan
John Duplaissey
Pierce Shillot
You, James Skyrm, Michael Lemmon, Robert Hartley, &c.
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 5th of February last past, upon Sight of the aforesaid King’s Ship, ye did immediately weigh Anchor from under Cape Lopez, on the Southern Coast of Africa, in a French built Ship of 32 Guns, called the Ranger, and did pursue and chase the aforesaid King’s Ship, with such Dispatch and Precipitancy, as declared ye common Robbers and Pyrates.
That about Ten of the Clock the same Morning, drawing within Gun-shot of his Majesty’s aforesaid Ship the Swallow, ye hoisted a pyratical black Flag, and fired several chace Guns, to deter, as much as ye were able, his Majesty’s Servants from their Duty.
That an Hour after this, being very nigh to the aforesaid King’s Ship, ye did audaciously continue in a hostile Defence and Assault, for about two Hours more, in open Violation of the Laws, and in Defiance to the King’s Colours and Commission.
And lastly, that in the acting, and compassing of all this, ye were all, and every one of you, in a wicked Combination, voluntarily to exert, and actually did, in your several Stations, use your utmost Endeavours to distress the said King’s Ship, and murder his Majesty’s good Subjects.
To which they severally pleaded, Not Guilty.
Then the Court called for the Officers of the Swallow, Mr. Isaac Sun, Lieutenant, Ralph Baldrick, Boatswain, Daniel Maclauglin, Mate, desiring them to view the Prisoners, whether they knew them? And to give an Account in what Manner they had attack’d and fought the King’s Ship; and they agreed as follows.
That they had viewed all the Prisoners, as they stood now before the Court, and were assured they were the same taken out of one, or other, of the Pyrate Ships, Royal Fortune, or Ranger; but verily believe them to be taken out of the Ranger.
That they did in the King’s Ship, at break of Day, on Monday, the 5th of February, 1721-2, discover three Ships at Anchor, under Cape Lopez, on the Southern Coast of Africa; the Cape bearing then W. S. W. about three Leagues, and perceiving one of them to have a Pendant flying, and having heard their Morning-Gun before, they immediately suspected them to be Roberts the Pyrate, his consort, and a French Ship, they knew had been lately carried out of Whydah Road.
The King’s Ship was obliged to hawl off N. W. and W. N. W. to avoid a Sand, called, the French Man’s Bank, the Wind then at S. S. E. and found in half an Hour’s time, one of the three had got under Sail from the Careen, and was bending her Sails, in a Chace towards them. To encourage this Rashness and Precipitancy, they kept away before the Wind, (as though afraid,) but with their Tacks on Board, their Main-Yard braced, and making, at the same Time, very bad Steerage.
About half an Hour after Ten, in the Morning, the Pyrate Ship came within Gun-shot, and fired four Chace Guns, hoisted a black Flag at the Mizen-Peek, and got their Sprit-sail Yard under their Bowsprit, for boarding. In half an Hour more, approaching still nigher, they Starboarded their Helm, and gave her a Broadside, the Pyrate bringing to, and returning the same.
After this, the Deponents say, their Fire grew slack for some Time, because the Pyrate was shot so far a Head on the Weather-Bow, that few of their Guns could Point to her; yet in this Interval their black Flag was either Shot away, or hawled down a little Space, and hoisted again.
At length, by their ill Steerage, and Favour of the Wind, they came near, a second Time; and about Two in the Afternoon shot away their Main-topmast.
The Colours they fought under, besides a black Flag, were a red English Ensign, a King’s Jack, and a Dutch Pendant, which they struck at, or about, Three in the Afternoon, and called for Quarters; it proving to be a French built Ship of 32 Guns, called the Ranger.
Isaac Sun,
Ralph Baldrick,
Daniel Maclauglin.
When the Evidence had been heard, the Prisoners were called upon to answer, how they came on Board this Pyrate Ship; and their Reason for so audacious a Resistance, as had been made against the King’s Ship.
To this, each, in his Reply, owned himself to be one of those taken out of the Ranger; that he had signed their pyratical Articles, and shared in their Plunder, some few only accepted, who had been there too short a Time. But that neither in this signing, or sharing, nor in the Resistance had been made against his Majesty’s Ship, had they been Voluntiers, but had acted in these several Parts, from a Terror of Death; which a Law amongst them, was to be the Portion of those who refused. The Court then ask’d, who made those Laws? How those Guns came to be fired? Or why they had not deserted their Stations, and mutinied, when so fair a Prospect of Redemption offered? They replied still, with the same Answers, and could extenuate their Crimes, with no other Plea, than being forced Men. Wherefore the Court were of Opinion, that the Indictment, as it charged them with an unlawful Attack and Resistance of the King’s Ship, was sufficiently proved; but then it being undeniably evident, that many of these Prisoners had been forced, and some of them of very short standing, they did, on mature Deliberation, come to this merciful Resolution;
That they would hear further Evidence for, or against, each Person singly, in Relation to those Parts of the Indictment, which declared them Voluntiers, or charged them with aiding and assisting, at the burning, sinking, or robbing of other Ships; for if they acted, or assisted, in any Robberies or Devastations, it would be a Conviction they were Voluntiers; here such Evidence, though it might want the Form, still carried the Reason of the Law with it.
The Charge was exhibited also against the following Pyrates taken out of the Royal Fortune.
* Mich. Mare
in the Rover 5 Years ago
* Chris. Moody
under Davis
1718.
* Mar. Johnson
a Dutch Ship
1718.
* James Philips
the RevengePyrate Sloop
1717.
* David Symson
Pyrates with Davis
* Tho. Sutton
* Hag. Jacobson
a Dutch Ship
1719
* W. Williams 1
Sadbury Captain Thomas Newfoundland
June 1720
* Wm. Fernon
* W. Willams 2
* Roger Scot
* Tho. Owen
York of Bristol
May 1720.
* Wm. Taylor
* Joseph Nositer
Expedition of Topsham
* John Parker
Willing Mind of Pool
July 1720.
* Robert Crow
Happy Return Sloop
* George Smith
Mary and Martha
* Ja. Clements
Success Sloop
* John Walden
Blessing of Lymington
* Jo. Mansfield
from Martinico
† James Harris
Richard Pink
* John Philips
a fishing Boat
Harry Glasby
Samuel Capt. Cary.
July 1720.
Hugh Menzies
* Wm. Magnus
* Joseph Moor
May Flower Sloop
Feb. 1720.
† John du Frock
Loyd Gally Capt. Hyngston
May 1721.
Wm. Champnies
George Danson
† Isaac Russel
Robert Lilbourn
Jeremiah and Ann, Capt. Turner
Ap. 1721.
* Robert Johnson
Wm. Darling
† Wm. Mead
Thomas Diggles
Christopher Snow
Ap. 1721.
* Ben. Jeffreys
Norman Galley
John Francia
a Sloop at St. Nicholas
* D. Harding
a Dutch Ship
* John Coleman
Adventure Sloop
* Charles Bunce
a Dutch Galley
* R. Armstrong
ditto run from the Swallow
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