The Governor acquainting us, That Captain _Cockrem_ and Captain
_Hornigold_ have, by Virtue of a Commission, issued and directed to them
for the apprehending of certain Pyrates, had the Success to bring ten of
them Prisoners to this Part, who were now confined by an especial
_Mittimus_ on board the Ship _Delicia_; therefore, desired we might
agree to join in one Opinion concerning the said Prisoners ...... which
being maturely debated and considered, and that as the necessary Guards
set on the Prisoners for Want of a Goal, very much fatigued both the
Soldiers and Seamen, who equally guarded the Fort and Ship; and as many
as could be spar'd, daily work'd on the Fortifications, and did the Duty
of Centinels at Night, thereby harrassing our small Numbers of Men, and
hindering the publick Work. And there being suspected Persons still
remaining in these Islands, who may give frequent Intelligence of our
Condition; should any Fear be shewn on our Part, it might animate
several now here, to invite the Pyrates without, to attempt the Rescue
of these in Custody: Therefore, we do believe it most for the publick
Good, when the Fort is in a better State of Defence, and Captain
_Beauchamps_ and _Burgis_, with about 60 Soldiers and Seamen, at this
time gone to prevent the Designs of _Vane_ the Pyrate, are returned to
strengthen us: The Governor ought then as soon as possible
(notwithstanding he has made known to us, that he has no direct
Commission for Trial of Pyrates; yet according to the Intent and Meaning
of the sixth Article of the Governor's Instructions, which, in this
Case, refers to the fourth Article in those given to the Governor of
_Jamaica_, a Copy of whose Instructions he has for his Directions to
govern himself by, as near as the Circumstances of the Place will admit.
This corroborated with the Power in the Governor's Commission of
Governor, Captain General, and Vice-Admiral of the _Bahama Islands_,
shew the Intention of his Majesty, for such Authority here; and having
an Account that the Proprietory Government of _Carolina_ had executed 22
Pyrates, lately carried in there, which together with the provoking ill
Example and Behaviour of these Prisoners, who have all accepted his
Majesty's Act of Grace, and afterwards turned Pyrates again, and
considering it would be a great Risque and Trouble to send so many to
_Great Britain_, and much greater to keep them Prisoners here; we are
entirely of Opinion, his Majesty will approve of the Necessity for the
Governor's judicial Proceeding with these Pyrates, by a Trial in the
best Manner we can according to Law; and do verily believe the speediest
Execution for those who shall be found guilty, will conduce most to the
Welfare of this Government.
_N. B._ Thus this stands in the Council-Book, the Governor's Secretary
is answerable for Want of Connexion, or the Secretary of the Islands;
for I cannot find what these Words can refer to, _the Governor ought
then as soon as possible_, what ought he? But may be, it is an Error in
my Friend, who himself brought over this Copy, written in his own Hand,
which with the following, I found among his Papers after his Decease.
His Excellency _Woodes Rogers_, Esq; Captain-General, Governor,
and Vice-Admiral of the _Bahama Islands_.
To _William Fairfax_, Esq; Captain _Robert Beauchamps_, _Tho.
Walker_, Esq; Capt. _Wingate Gale_, _Nathaniel Taylor_, Esq;
Capt. _Josias Burgiss_, and Capt. _Peter Courant_.
_Providence_, ss.
'By Virtue of a Commission from his most sacred Majesty King _George_,
King of _Great-Britain_, _&c._ to be Governor, _&c._ of these Islands,
thereby empowering me to authorize, commissionate, and constitute all
Judges, Justices and Magistrates in these Islands, _&c._ as also by
Virtue of my Commission, to be Vice-Admiral of these Islands, have Power
and Authority to authorize and empower, constitute and commissionate,
proper Judges and Commissioners, for the trying, determining, adjudging,
and condemning, of all or any Pyrate or Pyrates taken, apprehended, and
brought into this Government; and in Confidence of the Loyalty,
Prudence, and Integrity of you the aforesaid _William Fairfax_, Esq;
Captain _Robert Beauchamps_, _Thomas Walker_, Esq; Captain _Wingate
Gale_, _Nathaniel Taylor_, Esq; Captain _Josias Burgiss_, and Captain
_Peter Courant_, I do by Virtue of these Presents, authorize,
commissionate, and appoint you Deputy, Judges, and Commissioners of the
said Especial Court, by these Presents erected and appointed to be, and
set in the City of _Nassau_, on _Tuesday_ the 9th of this Instant, to
examine, hear, try, judge, determine, and condemn, all such Pyrate or
Pyrates who are now in Custody, and to be brought before the said Court,
to be tryed for the Offences of Pyracy by them lately committed in and
about these Islands, and to proceed as my Assistants, and as
Commissioners aforesaid, according to the Laws of _England_, and Rules
of the said Court in such Cases; and for your so doing, this shall be
your sufficient Commission and Authority.
Given under my Hand and Seal at _Nassau_, this fifth Day of _December_,
_Anno Regni quinto_ Georgii _Regis_ Magnæ Britanniæ, _&c._ _Annoq_;
_Domini_, 1718.
_WOODES ROGERS._'
_New Providence_, ss. Chief of the _Bahama Islands_.
At an especial Admiralty Sessions, held in his Majesty's Guard-Room in
the City of _Nassau_, on _Tuesday_ the 9th, and _Wednesday_ the 10th of
_December_, 1718.
Before his Excellency _Woodes Rogers_, Esq; Governor, and Vice-Admiral,
_&c._
_Will. Fairfax_, Esq; Judge of the _Admiralty_.
_Robert Beauchamp_, Esq;
_Thomas Walker_, Esq;
Captain _Wingate Gale_.
_Nathaniel Taylor_, Esq;
Captain _Josias Burgiss_.
Captain _Peter Courant_.
Proclamation being made as usual, the Register opened and read the
Governor's especial Commission, for erecting this Court according to the
Intent and Meaning of a late Act of Parliament, Entitled, _An Act for
the more effectual Suppression of Pyracy_, by Virtue of which said
Commission, the seven afore-named Commissioners are appointed Assistant
Judges, for the hearing, trying, judging, and condemning the several
Persons now in Custody, who stand committed for Mutiny, Felony, and
Pyracy.
Proclamation being again made, that all Persons concern'd or summon'd,
and required to appear at this Court, do give their due Attendance.
Ordered, That the Prisoners be brought to the Bar, which being done,
they were called by their respective Names, viz. _John Augur_, _Will.
Cunningham_, _John Hipps_, _Dennis Mackarthy_, _George Rounsivel_,
_Will. Dowling_, _Will. Lewis_, _Thomas Morris_, _George Bendall_, and
_Will. Ling_.
Ordered, That the afore-named Prisoners, now at the Bar, do all hold up
their Hands.
Ordered, That the Accusation against the Prisoners be read, which was as
follows.
_New Providence_, ss.
The Articles and Accusations against _John Augur_, late Master of the
Sloop _Mary_, of _Providence_; _William Cunningham_, Gunner and Mariner,
on board the Schooner, called the _Batchelors Adventure_; _Henry White_,
Master, _John Hipps_, Boatswain and Mariner, on board the Sloop
_Lancaster_; _William Greenaway_, Master, _Dennis Mackarthy_, Mariner,
on board the _Scooner_, _William Dowling_, Mariner, on board the said
_Scooner_; _William Lewis_, Mariner, on board the Sloop _Mary_; _Tho.
Morris_, Mariner, on board the said _Scooner_; _George Bendall_,
Mariner, on board the said Sloop _Lancaster_, and _William Ling_,
Mariner, on board the said _Scooner_.
You the said _John Augur_, _Will. Cunningham_, _John Hipps_, _Dennis
Mackarthy_, _George Rounsivel_, _William Dowling_, _William Lewis_,
_Thomas Morris_, _George Bendall_, and _William Ling_, having all of you
lately received the Benefit of his Majesty's most gracious Pardon, for
your former Offences and Acts of Robbery and Pyracy, and having since
taken the Oaths of Allegiance to his most sacred Majesty King _George_,
and thereupon Trust has been reposed in you the said _John Augur_, and
in the others of you, lawful Employments been bestow'd to divert you all
from your former and unlawful Courses of Life, and to enable and support
you all in just and lawful Ways of Living; and you not having the Fear
of God before your Eyes, nor any Regard to your Oaths of Allegiance
taken to your Sovereign, nor to the Performance of Loyalty, Truth, and
Justice: But, being instigated and deluded by the Devil, to return to
your former unlawful evil Courses, of Robbery and Pyracy, and that you
_John Augur_, _Will. Cunningham_, _John Hipps_, _Dennis Mackarthy_,
_George Rounsivel_, _Will. Dowling_, _Will. Lewis_, _Tho. Morris_, _Geo.
Bendall_, and _Will. Ling_, late Master and Mariners aforesaid, did on
the 6th Day of _October_ last, about Seven in that Evening, in the 5th
Year of the Reign of our Sovereign Lord _George_, by the Grace of God,
King of _Great Britain_, &c. plot and combine together, at a desolate
Island, called _Green Key_, within the Jurisdiction of this
Vice-Admiralty, to mutiny and feloniously and pyratically steal, take,
and carry away, from the Commanders and Owners of the afore-named
Vessels, the said Sloops and Cargoes, Tackle, Apparel, and Furniture, to
the Value of above 900 l. current Money of these Islands, and by Force
cause to be put ashore on the said desolate Island, one Mr. _James
Kerr_, Merchant, and sundry others with him; and the said _John Augur_,
as then Commander of one of the said Sloops, did proceed as Commander of
the said Pyrates from the said Island of _Green Key_ to _Exuma_,
whereby, by Virtue of a Commission, directed to Captain _John Cockrem_
and Captain _Benjamin Hornigold_, you the said _John Augur_, and the
rest of your pyratical Company, were there taken and apprehended as
Pyrates, and thereupon brought into this Port, to be proceeded against
according to Law.
The Prisoners holding up their Hands, and the Accusation being read, all
the said Prisoners were asked by the Register, Whether Guilty, or, Not
Guilty; and they pleaded Not Guilty.
Ordered, That the Evidence for the King be severally sworn and examined.
James Kerr.
The Examination of _James Kerr_, Gent. upon Oath saith, That he being
Supercargo in Trust, and outward bound from _Providence_, a trading
Voyage in the Sloop _Mary_, and in about two Days Sail from the said
Island, did arrive at _Green Key_ with two other Vessels in Company,
bound also on the said trading Account, where, on the 6th of _October_
last, one _Phineas Bunce_, one of the said Vessel's Company, and the
head Mutineer of the Pyrates now at the Bar, but since deceas'd, did
then and there come on board the said Sloop _Mary_, and very vilely
treat this Deponent, and in the Evening did turn the Deponent ashore
upon the said _Green Key_, a desolate Island; and this Deponent farther
saith, that _Dennis Mackarthy_, one of the Prisoners now at the Bar, was
the only Person of all the said Pyrates and Mutineers who shew'd this
Deponent any civil Treatment, and that the said _Mackarthy_ did not
reflect on the King and Government as others of them now at the Bar did,
in this Deponent's Hearing.
Wm. Greenaway.
The Examination of Captain _William Greenaway_ upon Oath saith, That on
the 6th of _October_ last _John Hipps_, one of the Prisoners now at the
Bar, with some others of them, came on board the Vessel under this
Deponent's Command, and then riding at _Green Key_, with Pretensions of
getting Tobacco, and told this Deponent, that Mr. _Kerr_ had a Mind to
sail that Night; and this Deponent having order'd his Boat to go on
board the Scooner, then belonging to the said Company, to give them
Notice of the said _Kerr_'s Design; in which Interim came on board _John
Augur_ and _George Rounsivel_, both Prisoners now at the Bar, _James
Matthews_ and _John Johnson_, who wanted this Deponent to go on board
the Scooner, which he did, where _Phineas Bunce_, since dead, met this
Deponent at the Side; upon which, this Deponent demanded of the said
_Bunce_, the Reason he did not prepare for sailing, as the rest did.
Whereupon _Bunce_, the head Mutineer, asked this Deponent to walk down
into the Cabbin, and, when there, _Bunce_ asked him to sit down by him;
whereupon the said _Bunce_ told this Deponent, he was his Prisoner; upon
which, _Dennis Macarthey_, now Prisoner at the Bar, presented a Pistol
at this Deponent's Breast, and told him, if he spoke a Word, he, this
Deponent, was a dead Man; and the said _Phineas Bunce_ told this
Deponent, he had best be easy, for that the better Part of the People
belonging to the Sloop _Mary_ was on his Side, as were some of the
People he had with him. And then the said _Phineas Bunce_, with others,
the Mutineers, went on board the Sloop _Mary_, and took her. But this
Deponent cannot particularize the Names of the Men who were with
_Bunce_, being Night-time. Afterwards the said _Bunce_, and the
Prisoners now at the Bar, except _John Hipps_, put Mr. _James Kerr_,
_Richard Turnly_, _Thomas Rich_, _John Taylor_, and _John Cox_, all
ashore at _Green Key_, a desolate Island, and had the Boat ready
prepared to carry this Deponent ashore also; but _Bunce_ hereupon
declared, that this Deponent, being a _Bermudian_, would swim aboard
again, and therefore confin'd this Deponent a Prisoner, and plundered
his Vessel, leaving him not wherewithal to proceed any where, but a
small Quantity of Flower and Beef, obliging this Deponent not to sail
from _Green Key_ in 24 Hours after his Departure; but this Deponent did
sail the next Morning for _Providence_, and, in his Way, fell in Sight
of the said Mutineers and Pyrates, of whom the Prisoners at the Bar were
some, who gave Chase. Whereupon this Deponent went back to _Green Key_,
and took to the Shore, where he saw the Pyrates and said Mutineers cut
away the Mast of this Deponent's Vessel, and then were coming on Shore,
as this Deponent apprehended, to take his Person. Whereupon this
Deponent made his Escape to hide himself from them upon the said _Key_.
Then the People who were left on board this Deponent's Vessel, coming
ashore, told this Deponent, that the Pyrates had scuttled her, turn'd
the Yawl adrift, and from _Green Key_ the said Pyrates proceeded to
_Stocking_ Island, where meeting the _Spaniards_, the Pyrates were
themselves taken, and put ashore.
John Taylor.
The Examination of _John Taylor_ upon Oath saith, That all the Prisoners
at the Bar, except _John Hipps_, did join with _Bunce_, the Mutineer;
and that _Bunce_ and two more, whom the Deponent knew not, being Night,
took the Vessel he belong'd to; and further saith, That _John Hipps_ was
at first confined with the said _Greenaway_ by _Bunce_.
Richard Turnly.
The Examination of _Richard Turnly_ upon Oath saith, That on the 6th of
_October_ last, _Bunce_ the head Mutineer and two others, naming
_William Dowling_ and _Thomas Morris_, Prisoners at the Bar, did come on
board the Sloop _Mary_ at _Green Key_, and ask'd Mr. _Kerr_ and this
Deponent for a Bottle of Beer, which was given them, and afterwards a
Second, and they commanded a third; and then with the Men, belonging to
the said Sloop _Mary_, took up Arms, and took Mr. _Kerr_, _Thomas Cox_,
and this Deponent Prisoners, and forced them to go on Shore at _Green
Key_, a desolate Island, about 25 Leagues distant from _Providence_.
John Cox.
The Examination of _John Cox_ upon Oath saith, That he being on board
the Sloop _Mary_, of which _John Augur_ went out of _Providence_ Master:
The said _John Augur_ came on board his said Sloop in the Evening of the
6th Day of _October_ last, and lay down as if he designed to sleep. Soon
after, Capt. _Greenaway_, Master of the Sloop _Lancaster_, came on
board, and ask'd the said _Augur_, if he intended to set Sail? He
answer'd, he could not tell; thereupon Captain _Greenaway_ went on board
the Scooner, call'd the _Batchelor's Adventure_, _Henry White_, Master,
and in about half an Hour afterwards, came on board another Boat with
_John Hipps_, _Greenaway_'s Boatswain, to enquire for Captain
_Greenaway_; and in a little Time after, _Phineas Bunce_ came on board
the Sloop _Mary_ from the _Scooner_ with 2 or 3 Men more. _Bunce_ ask'd
for Captain _Augur_, and whether they had any Thing to drink, and coming
to Mr. _Kerr_, ask'd him for a Bottle of Beer, which Mr. _Kerr_ gave
him; then the said _Bunce_ went into the Cabbin, and brought up a
Cutlash, and stood at the Cabbin-Door to drink, and swore that he was
Captain of that Vessel, and would be so, which made Captain _Augur_ ask
him his Meaning; but presently the said _Bunce_ and _Augur_ seem'd to be
good Friends, and _Bunce_ ask'd for another Bottle of Beer, then struck
Mr. _Kerr_ with a Cutlash on his Back, and turn'd him and others ashore;
and this Deponent well knew all the several Prisoners at the Bar, except
_Hipps_ the Boatswain, and that all the rest were Aiders, Assistants,
and Abettors to the Mutiny, Felony, and Pyracy, committed upon the
Vessels and Cargoes at _Green Key_.
Thomas Rich.
The Examination of _Thomas Rich_ upon Oath saith, That he knows the
several Prisoners at the Bar; and that they all, except _Hipps_, were
the Actors of the Mutiny and Pyracy, committed upon the Vessels and
Cargoes at _Green Key_; and this Deponent was taken by them in the
_Mary_ Sloop, and put ashore with Mr. _Kerr_ and the other Evidences for
the King.
Thomas Petty.
The Examination of _Thomas Petty_ upon Oath saith, That he saw _Hipps_
beat by _Bunce_, and believes he was forced to go with him; and that
_Bunce_ would have forc'd this Deponent also; but _Dennis Mackarthy_,
Prisoner at the Bar, said if _Bunce_ forc'd the Deponent, he the said
Prisoner would leave _Bunce_ and his Company.
And then the Court adjourn'd till 3 a-Clock in the Afternoon.
The Court being met according to Adjournment, and all the Evidences for
the King being called and examined, then the Prisoners at the Bar were
severally called, to know what Defence each had to make, _viz._
John Augur.
_John Augur_ being first called to make Defence for himself, saith no
other than that he was in Liquor, and knew not of _Phineas Bunce_ his
Design, when the said _Bunce_ enter'd on board the Sloop _Mary_, whereof
the Prisoner was Master; but could call no Evidence to prove himself not
guilty.
Wm. Cunningham.
_William Cunningham_ being next called and examined said, That he was
asleep when _Bunce_ went on board the _Scooner_ (to which the Prisoner
belong'd) at _Green Key_, and that _Bunce_ brought the said Prisoner
Punch, and told him, that he the Prisoner must either join him the said
_Bunce_, or be put upon a _Moroon Key_, _alias_ a desolate Key.
John Hipps.
_John Hipps_, Prisoner, said in his Defence, that he did not in any wise
enter with _Bunce_ and his Company; but went on board the aforesaid
_Scooner_, to enquire for _William Greenaway_ his Captain, where he was
immediately confined by _Bunce_, together with _Greenaway_, and
afterwards put on Shore with Mr. _Kerr_ and others, where _Bunce_ beat
the said Prisoner, and compell'd him at length to join _Bunce_, but
nevertheless declared his Intention to leave the said _Bunce_ and
Company on the first Opportunity, and desired Mr. _Kerr_, Captain
_Greenaway_, _Richard Turnly_, _Thomas Terrell_, _Benjamin Hutchins_,
_John Taylor_, _John Janson_, _Thomas Petty_ and _David Meredith_, might
be examin'd for him.
Mr. _James Kerr_ being sworn as Evidence for the Prisoner declared, That
_Bunce_ used much threatning Language against _John Hipps_, Prisoner,
that if he did not join him the said _Bunce_ and pyratical Company, and
go with them into a Boat, provided on Purpose to carry the Pyrates to
their Rendezvous, _Hipps_ should repent the Refusal; and farther says,
that he saw or knew of no Blows given to compel the Prisoner to assist
or join the said Pyrates, but that the Prisoner afterwards accepted the
Office and Command of Boatswain to the said pyratical Company.
Captain _Greenaway_ being sworn for the Prisoner says, that the Prisoner
went with him on board the _Scooner_, and was in the Cabbin with him,
and made Prisoner with him on board the said _Scooner_, where the
Prisoner made Proposal to the Deponent to surprize _Dennis Mackarthy_,
Prisoner at the Bar, then a Centinel upon Deck, and throw the said
_Mackarthy_ over-board; but the Deponent seeing no Probability of
escaping the Rest, advised the Prisoner to keep his Mind to himself,
till he could have a better Opportunity; and farther saith, that the
Prisoner was put ashore with Mr. _Kerr_, &c.
_Richard Turnly_ being sworn for the Prisoner deposed, That to the best
of his Knowledge and Remembrance, the Prisoner was forc'd to accept of
any Duty the said _Bunce_ and Company put upon him, if the Command of
Words be allowed by the Court sufficient to excuse him; but he never saw
_Bunce_, or any of the rest of the Pyrates, use Blows to force him to
join them.
_Thomas Terrell_, Inhabitant, being sworn, gave the Prisoner the
Character of being an honest Man, who was recommended to him by _Thomas
Bowling_, Master of the Sloop _Sarah_, belonging to the said _Thomas
Terrell_, that during a late Voyage perform'd to _Cuba_, about two
Months ago, there was a Mutiny suspected by _Thomas Bowling_, of which
the said _Bowling_ declared, that _John Hipps_ Prisoner, was not only
innocent, but believed a Suppressor of the said Mutiny; and farther
declares, that _Thomas Bowling_ had acknowledged the Safety of the
Vessel to be much owing to _John Hipps_, Prisoner at the Bar.
_Benjamin Hutchins_ being sworn for the Prisoner, and examined,
declared, that the Prisoner after having been matriculated and seduced
by _Bunce_ and his Accomplices, often complain'd to him the Deponent,
that he would desert them the first Opportunity, and shew'd his
Intentions by many Tears shed, as Tokens of Sorrow for his late
Misfortune.
_John Taylor_ being examined upon Oath declared, that the Prisoner was
confined as a Person not trusted by _Bunce_ and his pyratical Company.
_John Jansen_ being examined upon Oath, had nothing to declare for or
against the Prisoner worth Notice.
_Thomas Petty_ being sworn for the Prisoner declared, that _Bunce_
threatned the Prisoner, that if he would not consent to be of his
pyratical Company, he should be frequently beat; and also be put on the
first _Moroon Key_, where he might not find Provision, Water, or any
other Sustenance, which the Deponent thinks compell'd the Prisoner to
proceed with _Bunce_ for his Safety.
_David Meredith_ being also examined upon Oath declared, That when
_Phineas Bunce_ first made Seizure of the Vessel, he particularly spoke
to _Hipps_ the Prisoner, that if he would not take on in their Way, he
the said _Bunce_ would moroon him, upon some desolate Key or Island; and
the more to compel him, gave him several Blows with his Cutlash, and
thinks the Prisoner was forced to join with _Bunce_, &c.
Dennis Mackarthy.
_Dennis Mackarthy_ Prisoner being next called, and desiring that Mr.
_Kerr_, Captain _Greenaway_, _John Taylor_, _Thomas Rich_, and _Thomas
Petty_, might be admitted to give Evidence for him.
Mr. _Kerr_ being examined upon Oath declared, That _Mackarthy_,
Prisoner, was as active as any other of the Prisoners in their pyratical
Designs, and has nothing more to speak in his Favour, than that the
Prisoner treated him and all others that were of the Deponent's Company,
with more Civility than any others of the pyratical Crew did.
Captain _Greenaway_ being sworn for the Prisoner declared, That when
_Bunce_ beat the said Deponent, the Prisoner said, that he would see who
ought to be Strikers amongst them for the future.
_John Taylor_ being examined upon Oath declares, that the Prisoner
should say, that he would leave _Bunce_ and his Accomplices.
_Thomas Rich_ being sworn declares, that he heard the Prisoner say, that
since he had begun, he thought himself obliged to go on with them,
meaning _Bunce_ and his pyratical Company.
_Thomas Petty_ being also sworn declares, That after _Mackarthy_ had
been an Accomplice of _Bunce_'s Pyracy, he heard the Prisoner say, he
was sorry for his Unadvisedness, which might bring great Troubles on his
poor Wife, having a small Child.
George Rounsivel.
_George Rounsivel_, Prisoner, being next called, desired _Turnly_ to be
Evidence for him; who being sworn, declared, That _Geo. Rounsivel_,
after having consented to be of _Bunce_'s pyratical Company, shew'd some
Token of Sorrow, but withal said, that as he had begun, could not
without Danger of Life, desert the Pyrates he had combined with.
Wm. Dowling.
_William Dowling_, Prisoner, being next called, and desiring _Thomas
Petty_ to be Evidence for him, he was sworn, and said, that he had very
little to say for him, because he had seen the Prisoner as consenting to
their pyratical Designs as any of the said Prisoners.
William Lewis.
_William Lewis_, Prisoner, being next called, had very little to say for
himself, otherwise than that one _David Meredith_ had heard him say, he
wished to be at _John Cullemore_'s House to drink a Bottle of Beer,
which _David Meredith_, being sworn as Evidence for the Prisoner, only
confirmed.
Thomas Morris.
_Thomas Morris_, Prisoner, being next called, had very little else to
say, than that he had the Fever and Ague when he was first commanded by
_Bunce_ to join them, and desiring _Thomas Rich_ as Evidence, he was
sworn, and declared, that the Prisoner, as much as he took Notice of
him, appeared as active as the most capable, and could not say, that the
Prisoner ever relented.
George Bendall.
_George Bendall_, Prisoner, being next called, and desiring _Richard
Turnly_ for Evidence, he was sworn, and declared, that the Prisoner was
desired to make his Escape, but was resolved to continue with the
Pyrates.
William Ling.
_William Ling_, Prisoner, being next called, who having nothing to say
farther, than a Request that _Richard Turnly_ might give in Evidence for
him; he was sworn, and declared, that the Prisoner bore Arms, and was as
resolved as any of the Pyrates.
Then the Court adjourned till Ten a-Clock next Morning, being the 10th
Instant.
_December_ 10, 1718.
The Court having met according to the Adjournment, and Proclamation
made, the Prisoners were again brought to the Bar, and severally ask'd,
if they had considered of any farther Evidence or Defence they could
propose.
First, _John Augur_ had no more to offer, in his Justification than
before.
The second, _William Cunningham_, the same as before.
The Third, _John Hipps_ having the same Question put, answer'd, that if
_John Raddon_ and _Henry White_ had not been absent, they could have
declared many Things in his Favour.
Then the Court proposed to every Person, who was an Auditor of the
Trial, that any might have Leave to declare upon Oath, any Thing they
had heard _John Raddon_ or _Henry White_ say in Behalf of _John Hipps_,
Prisoner: Upon which, _Samuel Lawford_, Constable, appear'd, and being
sworn, declared, That he heard _George Raddon_ say, that he should have
been glad to have done the old Boatswain any Service, meaning _Hipps_,
the Prisoner at the Bar; for the said _Raddon_ had seen him cry for his
having consented, tho' by Force, to join _Bunce_, &c. the Prisoner
having also declared to _Raddon_, that he would fight each of the
Pyrates singly, if he could by that Means get clear of them. This
Deponent farther said, that _Raddon_ told him, he firmly believed the
Prisoner at the Bar would have escaped from the other Pyrates, as soon
as he could have got an Opportunity.
The Fourth, _Dennis Mackarthy_, Prisoner, made some faint Excuse, and at
length desired Captain _Benjamin Hornigold_, as farther Evidence for
him; who being sworn, declared, That when he the said _Hornigold_ went
to apprehend the Prisoners, who were on one of the _Exuma_ Keys, he the
said Prisoner was one of the first taken, and seem'd to the said
_Hornigold_ to throw himself, and to have Dependance, on the Mercy of
the Governor.
The Fifth, _George Rounsivel_, Prisoner, had no farther Plea to make.
The Sixth, _William Dowling_, Prisoner, only desired _Thomas Petty_ to
be again call'd, who being sworn, only declared, That he the Prisoner
had Offers made by the _Spaniards_ to go in their Service, but the
Prisoner refused them.
The Seventh, _William Lewis_ desired _Richard Turnley_ might be again
called, who being sworn, declared, That he the Deponent did not see the
said Prisoner when the Sloop _Mary_ was first taken, but the Day after
he saw the Prisoner under Arms, as active as any one of the Pyrates.
The Eighth, _Thomas Morris_, Prisoner, had little more to say than
pretending that several Persons who were absent, would say something in
his Justification; but no one present declared any Thing in his Favour.
The Ninth, _George Bendall_, Prisoner, had nothing to plead for himself;
but desiring Mr. _Kerr_ for Evidence, he was sworn, and declared, That
he heard the Prisoner say, that he wish'd he had begun the Life sooner,
for he thought it a pleasant One, meaning that of a Pyrate; and farther
deposed, that the Prisoner reported, that he had once a strong
Inclination to have smother'd _John Graves_, Esq; his Majesty's
Collector for the Islands, as he lay feeble in his Bed, whose Servant
the Prisoner was, but a short Time before he shipp'd himself for the
intended Voyage, when he join'd the other Prisoners at the Bar in their
Mutiny and Pyracy.
_David Meredith_ being also sworn, declared, That _Bunce_ did once beat
the Prisoner, who told him, that if _Bunce_, &c. beat him once more, he
would desert them the first Opportunity.
The Tenth, _William Ling_ had nothing farther to say for himself.
Then the Prisoners were remanded to the Fort; after which, all Manner of
Persons were commanded by Proclamation to withdraw.
Then the Court summ'd up the Evidences for the King and the Prisoners,
which being debated and considered, all the Prisoners, except _John
Hipps_, were unanimously voted guilty of their Indictment, and the
Register was ordered to draw up their Sentence. It was thought
convenient to respite the Judgment on _John Hipps_, Prisoner, till
_Monday_ next; and the Court adjourn'd till Four this Afternoon, at
which Time being met according to Adjournment, and Proclamation made,
the Prisoners were brought to the Bar. Then _John Hipps_ was remanded to
the Guardship in Irons, and all the rest asked, if they knew any Cause
why Sentence of Death should not be pronounced against them? They had
nothing more to say, but to desire some Length of Time for Repentance.
Then the Sentence was read, as follows:
The Court having duly considered of the Evidence which hath been given
both for and against you the said _John Augur_, _William Cunningham_,
_Dennis Mackarthy_, _Geo. Rounsivel_, _Wm Dowling_, _Wm Lewis_, _Tho.
Morris_, _Geo. Bendall_ and _Wm Ling_; and having also debated the
several Circumstances of the Cases, it is adjudged, that you the said
_John Augur_, _Wm Cunningham_, _Dennis Mackarthy_, _Geo. Rounsivel_, _Wm
Dowling_, _Wm Lewis_, _Tho. Morris_, _Geo. Bendall_ and _Wm Ling_, are
guilty of the Mutiny, Felony, and Pyracy, wherewith you and every of you
stand accused. And the Court doth accordingly pass Sentence, that you
the said _John Augur_, _Wm. Cunningham_, _Dennis Mackarthy_, _Geo.
Rounsivel_, _Wm. Dowling_, _Wm. Lewis_, _Tho. Morris_, _Geo. Bendall_
and _Wm. Ling_, be carried to Prison from whence you came, and from
thence to the Place of Execution, where you are to be hanged by the Neck
till you shall be dead, dead, dead; and God have Mercy on your Souls.
Given under our Hands this 10th Day of _October, Annoq; Dom._ 1718,
sign'd
_Woodes Rogers_,
_Wm Fairfax_,
_Robert Beauchamp_,
_Thomas Walker_,
_Wingate Gale_,
_Nathaniel Taylor_,
_Josias Burgiss_,
_Peter Courant_.
After Sentence of Death pass'd upon the Prisoners, the Governor, as
President of the Court, appointed their Execution to be at Ten a-Clock
on _Friday_ next in the Morning being the 12th Instant.
Whereupon the Prisoners pray'd for longer Time to repent and prepare for
Death; but the Governor told them, that from the Time of their being
apprehended, which was on the 15th of _November_, they ought to have
accounted themselves as condemn'd by the Laws of all Nations, which was
only sealed now; and that the securing them hitherto, and the Favour
that the Court had allowed them in making as long a Defence as they
could, wholly took up that Time, which the Affairs of the Settlement
required in working at the Fortifications; besides the Fatigue thereby
occasion'd to the whole Garrison in the necessary Guards, set over them
by the Want of a Goal, and the Garrison having been very much lessened
by Death and Sickness since his Arrival; also that he was obliged to
employ all his People to assist in mounting the great Guns, and in
finishing the present Works, with all possible Dispatch, because of the
expected War with _Spain_; and there being many more Pyrates amongst
these Islands, and this Place left destitute of all Relief from any Man
of War or Station Ship, much wanted, join'd to other Reasons he had, too
long to enumerate in Court, he thought himself indispensably obliged,
for the Welfare of the Settlement, to give them no longer Time.
Then the Prisoners were ordered to the Place of their Imprisonment in
the Fort, where Leave was given them to send for any Persons to read and
pray with them.
On _Friday_ Morning each of the Prisoners were call'd in private, to
know if they had any Load upon their Spirits, for Actions committed as
yet unknown to the World, the declaring of which was absolutely
required, to prepare themselves for a fit Repentance; but they each
refused to declare any Thing, as well as making known to the Governor,
if they knew of any Conspiracy against the Government.
Wherefore, about Ten a-Clock, the Prisoners were releas'd of their
Irons, and committed to the Charge and Care of _Thomas Robinson_, Esq;
commissioned Provost Marshal for the Day, who, according to custom in
such Cases, pinion'd them, _&c._ and order'd the Guards appointed to
assist him, to lead them to the Top of the Rampart, fronting the Sea,
which was well guarded by the Governor's Soldiers and People, to the
Number of about 100. At the Prisoners Request, several select Prayers
and Psalms were read, in which all present join'd; when the Service was
ended, Orders was given to the Marshal, and he conducted the Prisoners
down a Ladder, provided on Purpose, to the Foot of the Wall, where was a
Gallows erected, and a black Flag hoisted thereon, and under it a Stage,
supported by three Butts, on which they ascended by another Ladder,
where the Hangman fasten'd the Cords. They had three Quarters of an Hour
allowed under the Gallows, which was spent by them in singing of Psalms,
and some Exhortations to their old Consorts, and the other Spectators,
who got as near to the Foot of the Gallows as the Marshal's Guard would
suffer them. When the Governor ordered the Marshal to make ready, and
all the Prisoners expecting the Launch, the Governor thought fit to
order _George Rounsivel_ to be untied, and when brought off the Stage,
the Buts having Ropes about them, were hawl'd away; upon which, the
Stage fell, and the Prisoners were suspended.
A short Account of the Prisoners executed.
First, _John Augur_, being about 40 Years of Age, had been a noted
Master of Vessels at _Jamaica_, and since among the Pyrates; but on his
accepting of his Majesty's Act of Grace, and Recommendations to the
Governor, he was, notwithstanding, entrusted with a good Vessel and
Cargo, in which betraying his Trust, and knowing himself guilty of the
Indictment, he all along appeared very penitent, and neither wash'd,
shav'd, or shifted his old Cloaths, when carried to be executed; and
when he had a small Glass of Wine given him on the Rampart, drank it
with Wishes for the good Success of the _Bahama_ Islands and the
Governor.
The Second, _William Cunningham_, aged 45, had been Gunner with _Thatch_
the Pyrate, who being also conscious of his own Guilt, was seemingly
penitent, and behaved himself as such.
The Third, _Dennis Mackarthy_, aged 28, who had also been formerly a
Pyrate, but accepted of the King's Act of Grace; and the Governor had
made him an Ensign of the Militia, being recommended as a sober
civiliz'd Person, which Commission he had at the Time of his joining the
Pyrates, which very much aggravated his other Crimes. During his
Imprisonment, he behaved himself tolerably well; but when he thought he
was to die, and the Morning came, without his expected Reprieve, he
shifted his Cloaths, and wore long blue Ribbons at his Neck, Wrists,
Knees, and Cap; and when on the Rampart, look'd cheerfully round him,
saying, _He knew the Time when there were many brave Fellows on the
Island, who would not have suffered him to die like a Dog_; and at the
same Time pull'd off his Shooes, kicking them over the Parapet of the
Fort, saying, _He had promis'd not to die with his Shooes on_; so
descended the Fort Wall, and ascended the Stage, with as much Agility
and in a Dress of a Prize-Fighter; when mounted, he exhorted the People,
who were at the Foot of the Walls, to have Compassion on him, but,
however willing, they saw too much Power over their Heads to attempt any
Thing in his Favour.
The Fourth, _William Dowling_, of about 24 Years of Age, had been a
considerable Time amongst the Pyrates, of a wicked Life, which his
Majesty's Act of Grace did not reform; his Behaviour was very loose on
the Stage, and after his Death, some of his Acquaintance declared, he
had confess'd to them, that he had murder'd his Mother before he left
_Ireland_.
The Fifth, _William Lewis_, aged about 34 Years, as he had been a hardy
Pyrate and Prize Fighter, affected an Unconcern at Death; but heartily
desired Liquors to drink with his Sufferers on the Stage, and with the
Standers by.
The Sixth, _Thomas Morris_, aged about 22, had been a very incorrigible
Youth and Pyrate, and seem'd to have very little Anxiety of Mind by his
frequent Smiles when at the Bar, being dress'd with red Ribbons as
_Mackarthy_ was with blue, he said, going over the Ramparts, _We have a
new Governor, but a harsh One_; and a little before he was turn'd off,
said aloud, _that he might have been a greater Plague to these Islands,
and now wish'd he had been so_.
The Sixth, _George Bendall_, aged about 18, tho' he said, _he had never
been a Pyrate before, yet he had all the villainous Inclinations that
the most profligate Youth could be infected with_; his Behaviour was
sullen.
The Eighth, _William Ling_, aged about 30, not taken Notice of before
the last Attempt, behaved himself as becoming a true Penitent, and was
not heard to say any other than by Reply to _Lewis_, when he demanded
Wine to drink, _that Water was more suitable to them at that Time_.
It was observed that there were but few (beside the Governor's
Adherents) among the Spectators, who had not deserved the same Fate, but
pardon'd by his Majesty's Act of Grace.
_Of Captain_ VANE.
We have given what Account came to our Hands of _Charles Vane_ in the
first Volume, beginning at the Time he left _Providence_ on the
Governor's Arrival; but we have since had some Particulars sent us,
which relate to Pyracies, both before and after that Date.
In the latter End of _March_ 1718, he, with about 12 more lewd Fellows,
who had squander'd all their Money got by former Villanies, took a
Canoe, and went out on the old Account. Soon after their setting out
they made Prize of a Sloop belonging to _Jamaica_, brought her into
_Potters Key_, where they came to an Anchor, and put all the Hands on
Shore, except the Master, to whom they promis'd to return his Sloop as
soon as they met with another more fit for their Purpose; which soon
after happen'd, for cruizing off _Harbour Island_ in the beginning of
_April_, they took the _Lark_ Sloop, which had been taken from the
Pyrates by Captain _Pierce_, in the _Phoenix_ Man of War, who fitted her
out with a Cargo to trade at St. _Augustin_'s. He brought his Prize into
_Providence_ Harbour, with his black Ensign hoisted, in Defiance of the
above named Man of War, which he loudly threaten'd to burn. _Vane_, at
_Providence_, augmented his Number of Men to 75, sailed in search of
Booty, and on the 4th of _July_ return'd with a _French_ Ship of 20
Guns, a _French_ Brigantine laden with Sugar, Indigo, Brandy, Claret,
White Wine, and other Merchandize; the _Drake_ Sloop, _John Draper_,
Master, which he took in his Passage from _Providence_ to _Harbour_
Island, and plunder'd of a considerable Sum of Money, shifting into her
some Sugars out of the _French_ Brigantine; the _Ulster_ Sloop, _John
Fredd_, Master, laden with Timber from _Andros_ Island, into this Vessel
he put 70 Casks of Sugar; and the _Eagle_ Sloop, _Robert Brown_, Master,
bound to _South-Carolina_, which he took with a two-masted Boat,
commanded by _Edward England_, his Quarter Master; he put on board this
last 20 Terses of Sugar, 6 of Bread, and some other Things. In the
Harbour he seized on the _Lancaster_ Sloop, _Neal Walker_, Master, and
the _Dove_ Sloop, _William Harris_, Master, designed for _Jamaica_,
which he plunder'd of what he thought proper, and shifted 22 Hogsheads
of Sugar, some _Spanish_ Hides and old Rigging.
He had the Impudence to come ashore with his Sword in Hand, threaten to
burn the principal Houses of the Town, and to make Examples of many of
the People; and though he committed no Murders, his Behaviour was
extreamly insolent to all who were not as great Villains as himself. He
reign'd here as Governor 20 Days, stopp'd all Vessels which came in, and
would suffer none to go out, being inform'd of a Governor being sent
from _England_, he swore, while he was in the Harbour, he would suffer
no other Governor than himself. He clean'd and fitted the _French_ Ship,
with Intent to visit the Coast of _Brazil_, and design'd to sail in 3 or
4 Days; but the Governor appearing on the 24th, made him change his
Resolution, and think of accepting a Pardon, if it might be granted on
his own Terms, as will appear by the Letter which he sent off by a Boat
to the Governor, and of which the following is an exact Copy.
_July_ the 24th, 1718.
'Your Excellency may please to understand that we are willing to accept
his Majesty's most gracious Pardon on the following Terms, _viz._
'That you will suffer us to dispose of all our Goods now in our
Possession. Likewise, to act as we think fit with every Thing belonging
to us, as his Majesty's Act of Grace specifies.
'If your Excellency shall please to comply with this, we shall, with all
Readiness, accept of his Majesty's Act of Grace. If not, we are obliged
to stand on our Defence. So conclude
Your humble Servants,
_Charles Vane_, and Company.'