To which they severally pleaded, _Not Guilty._

* * *

Then the Court called for the Officers of the _Swallow_, Mr. _Isaac Sun_,

Lieutenant, _Ralph Baldrick_, Boatswain, _Daniel Maclauglin_, Mate,

desiring them to view the Prisoners, whether they knew them? And to give an

Account in what Manner they had attack'd and fought the King's Ship; and

they agreed as follows.

That they had viewed all the Prisoners, as they stood now before the Court,

and were assured they were the same taken out of one, or other, of the

Pyrate Ships, _Royal Fortune_, or _Ranger_; but verily believe them to be

taken out of the _Ranger._

That they did in the King's Ship, at break of Day, on _Monday_, the 5th of

_February_, 1721-2, discover three Ships at Anchor, under Cape _Lopez_, on

the Southern Coast of _Africa_; the Cape bearing then W. S. W. about three

Leagues, and perceiving one of them to have a Pendant flying, and having

heard their Morning-Gun before, they immediately suspected them to be

_Roberts_ the Pyrate, his consort, and a _French_ Ship, they knew had been

lately carried out of _Whydah_ Road.

The King's Ship was obliged to hawl off N. W. and W. N. W. to avoid a Sand,

called, the _French Man's Bank_, the Wind then at S. S. E. and found in

half an Hour's time, one of the three had got under Sail from the Careen,

and was bending her Sails, in a Chace towards them. To encourage this

Rashness and Precipitancy, they kept away before the Wind, (as though

afraid,) but with their Tacks on Board, their Main-Yard braced, and making,

at the same Time, very bad Steerage.

About half an Hour after Ten, in the Morning, the Pyrate Ship came within

Gun-shot, and fired four Chace Guns, hoisted a black Flag at the

Mizen-Peek, and got their Sprit-sail Yard under their Bowsprit, for

boarding. In half an Hour more, approaching still nigher, they Starboarded

their Helm, and gave her a Broadside, the Pyrate bringing to, and returning

the same.

After this, the Deponents say, their Fire grew slack for some Time, because

the Pyrate was shot so far a Head on the Weather-Bow, that few of their

Guns could Point to her; yet in this Interval their black Flag was either

Shot away, or hawled down a little Space, and hoisted again.

At length, by their ill Steerage, and Favour of the Wind, they came near, a

second Time; and about Two in the Afternoon shot away their Main-topmast.

The Colours they fought under, besides a black Flag, were a red _English_

Ensign, a King's Jack, and a _Dutch_ Pendant, which they struck at, or

about, Three in the Afternoon, and called for Quarters; it proving to be a

_French_ built Ship of 32 Guns, called the _Ranger._

_Isaac Sun_, _Ralph Baldrick_, _Daniel Maclauglin._

When the Evidence had been heard, the Prisoners were called upon to answer,

how they came on Board this Pyrate Ship; and their Reason for so audacious

a Resistance, as had been made against the King's Ship.

To this, each, in his Reply, owned himself to be one of those taken out of

the _Ranger_; that he had signed their pyratical Articles, and shared in

their Plunder, some few only accepted, who had been there too short a Time.

But that neither in this signing, or sharing, nor in the Resistance had

been made against his Majesty's Ship, had they been Voluntiers, but had

acted in these several Parts, from a Terror of Death; which a Law amongst

them, was to be the Portion of those who refused. The Court then ask'd, who

made those Laws? How those Guns came to be fired? Or why they had not

deserted their Stations, and mutinied, when so fair a Prospect of

Redemption offered? They replied still, with the same Answers, and could

extenuate their Crimes, with no other Plea, than being forced Men.

Wherefore the Court were of Opinion, that the Indictment, as it charged

them with an unlawful Attack and Resistance of the King's Ship, was

sufficiently proved; but then it being undeniably evident, that many of

these Prisoners had been forced, and some of them of very short standing,

they did, on mature Deliberation, come to this merciful Resolution;

That they would hear further Evidence for, or against, each Person singly,

in Relation to those Parts of the Indictment, which declared them

Voluntiers, or charged them with aiding and assisting, at the burning,

sinking, or robbing of other Ships; for if they acted, or assisted, in any

Robberies or Devastations, it would be a Conviction they were Voluntiers;

here such Evidence, though it might want the Form, still carried the Reason

of the Law with it.

The Charge was exhibited also against the following Pyrates taken

out of the _Royal Fortune._

* Mich. Mare in the Rover 5 Years ago

* Chris. Moody under Davis 1718.

* Mar. Johnson a Dutch Ship 1718.

* James Philips the RevengePyrate Sloop 1717.

* David Symson } Pyrates with Davis

* Tho. Sutton }

* Hag. Jacobson a Dutch Ship 1719

* W. Williams 1 } }

* Wm. Fernon } Sadbury Captain Thomas } June 1720.

* W. Willams 2 } Thomas Newfoundland }

* Roger Scot } }

* Tho. Owen } York of Bristol }

* Wm. Taylor } } May 1720.

* Joseph Nositer Expedition of Topsham }

* John Parker Willing Mind of Pool }

* Robert Crow Happy Return Sloop }

* George Smith Mary and Martha } July 1720.

* Ja. Clements Success Sloop }

* John Walden Blessing of Lymington }

* Jo. Mansfield from Martinico

+ James Harris Richard Pink

* John Philips a fishing Boat

Harry Glasby } Samuel Capt. Cary. } July 1720.

Hugh Menzies } }

* Wm. Magnus

* Joseph Moor May Flower Sloop Feb. 1720.

+ John du Frock } }

Wm. Champnies } Loyd Gally Capt. Hyngston } May 1721.

George Danson } }

+ Isaac Russel } }

Robert Lilbourn } }

* Robert Johnson } Jeremiah and Ann, Capt. } Ap. 1721.

Wm. Darling } Turner }

+ Wm. Mead } }

Thomas Diggles Christopher Snow }

* Ben. Jeffreys Norman Galley }

John Francia a Sloop at St. Nicholas }

* D. Harding a Dutch Ship } Ap. 1721.

* John Coleman Adventure Sloop }

* Charles Bunce a Dutch Galley }

* R. Armstrong ditto run from the Swallow }

* Abra. Harper }

* Peter Lesley }

* John Jessup 1 }

Thomas Watkins }

* Philip Bill } Onslow Capt. Gee at Sestos, May 1721.

* Jo. Stephenson }

* James Cromby }

Thomas Garrat }

+ George Ogle }

Roger Gorsuch } Martha Snow Au. 1721.

John Watson }

William Child }

* John Griffin } Mercy Gally at Callabar Oct. 1721.

* Pet. Scudamore }

Christ. Granger }

Nicho. Brattle }

James White }

Tho. Davis } Cornwall Galley at ditto.

Tho. Sever } Callabar

* Rob. Bevins }

* T. Oughterlaney }

* David Rice }

* Rob. Haws Joceline Capt. Loane Oct. 1721.

Hugh Riddle } Diligence Boat Ja. 1721.

Stephen Thomas }

* John Lane }

* Sam. Fletcher }

* Wm. Philips } King Solomon ditto.

Jacob Johnson }

* John King }

Benjamin Par Robinson Capt. Kanning ditto.

William May } Elizabeth Capt. Sharp }

Ed. Thornden } }

}

* George Wilson } Tarlton of Leverpool at } ditto.

Edward Tarlton } Cape la Hou }

* Robert Hays } }

Thomas Roberts }

John Richards } Charlton Capt. Allwright } Feb. 1721.

John Cane }

Richard Wood } }

Richard Scot } }

Wm. Davison } Porcupine Capt. Fletcher } Feb. 1721.

Sam. Morwell } Whydah Road }

Edward Evans } }

* John Jessup 2 surrender'd up at Princes

You, _Harry Glasby, William Davison, William Champnies, Samuel

Morwell_, &c.

Y_E, and every one of you, are, in the Name, and by the Authority of

our most dread Sovereign Lord_ George, _King of_ Great Britain, _indicted

as follows._

_Forasmuch as in open Contempt and Violation of the Laws of your Country,

to which ye ought to have been subject_, _ye have all of you been wickedly

united and articled together, for the Annoyance and Destruction of his

Majesty's trading Subjects by Sea; and in Conformity to so wicked an

Agreement and Association, ye have been twice lately down this Coast of_

Africa, _once in_ August, _and a second Time in_ January _last, spoiling

and destroying many Goods and Vessels of his Majesty's Subjects, and other

trading Nations._

_Particularly ye stand indicted at the Information and Instance of Captain_

Chaloner Ogle, _as Traytors, Robbers, Pyrates, and common Enemies to

Mankind._

_For that on the_ 10_th of_ February _last, in a Ship ye were possess'd of

called the_ Royal Fortune, _of_ 40 _Guns, ye did maintain a hostile Defence

and Resistance for some Hours, against his Majesty's Ship the_ Swallow,

_nigh Cape_ Lopez _Bay, on the Southern Coast of_ Africa.

_That this Fight and insolent Resistance against the King's Ship, was made,

not only without any Pretence of Authority, more than that of your own

private depraved Wills, but was done also under a black Flag, flagrantly by

that, denoting your selves common Robbers and Traitors, Opposers and

Violators of the Laws._

_And lastly, that in this Resistance, ye were all of you Voluntiers, and

did, as such, contribute your utmost Efforts, for disabling and distressing

the aforesaid King's Ship, and deterring his Majesty's Servants therein,

from their Duty._

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