* * *
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._
W_ILLIAM 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._
T_HO. 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._
Y_OU_ 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.
P_URSUANT 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_ 2_d 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._