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A General History of the Pyrates: from their first rise and settlement in the island of Providence, to the present time

On the 10th, in the Morning, the Man of War bore away to round the Cape. Roberts’s Crew discerning their Masts over the Land, went down into the Cabin, to acquaint him of it, he being then at Breakfast with his new Guest, Captain Hill, on a savory Dish of Solomongundy, and some of his own Beer. He took no Notice of it, and his Men almost as little, some saying she was a Portuguese Ship, others a French Slave Ship, but the major Part swore it was the French Ranger returning, and were merrily debating for some Time, on the Manner of Reception, whether they should salute, or not; but as the Swallow approached nigher, Things appeared plainer, and though they were stigmatiz’d with the Name of Cowards, who shewed any Apprehension of Danger, yet some of them, now undeceived, declared it to Roberts, especially one Armstrong, who had deserted from that Ship, and knew her well: Those Roberts swore at as Cowards, who meant to dishearten the Men, asking them if it were so, whether they were afraid to fight, or no? And hardly refrained from Blows. What his own Apprehensions were, till she hawled up her Ports, and hoisted their proper Colours, is uncertain; but then being perfectly convinced, he slipped his Cable, got under Sail, and ordered his Men to Arms, without any shew of Timidity, dropping a first Rate Oath, that it was a Bite, but, at the same Time, resolved, like a gallant Rogue, to get clear, or die.

There was one Armstrong, as I just mention’d, a Deserter from the Swallow, whom they enquired of concerning the Trim and Sailing of that Ship; he told them she sail’d best upon a Wind, and therefore, if they designed to leave her, they should go before it.

The Danger was imminent, and Time very short, to consult of Means to extricate himself; his Resolution in this Streight, was as follows: To pass close to the Swallow, with all their Sails, and receive her Broadside, before they returned a Shot; if disabled by this, or that they could not depend on sailing, then to run on Shore at the Point, (which is steep to) and every one to shift for himself among the Negroes; or failing in these, to board, and blow up together, for he saw that the greatest Part of his Men were drunk, passively Couragious, unfit for Service.

Roberts himself made a gallant Figure, at the Time of the Engagement, being dressed in a rich crimson Damask Wastcoat and Breeches, a red Feather in his Hat, a Gold Chain round his Neck, with a Diamond Cross hanging to it, a Sword in his Hand, and two Pair of Pistols hanging at the End of a Silk Sling, flung over his Shoulders (according to the Fashion of the Pyrates;) and is said to have given his Orders with Boldness, and Spirit; coming, according to what he had purposed, close to the Man of War, received her Fire, and then hoisted his Black Flag, and returned it, shooting away from her, with all the Sail he could pack; and had he took Armstrong’s Advice, to have gone before the Wind, he had probably escaped; but keeping his Tacks down, either by the Winds shifting, or ill Steerage, or both, he was taken a-back with his Sails, and the Swallow came a second Time very nigh to him: He had now perhaps finished the Fight very desperately, if Death, who took a swift Passage in a Grape-Shot, had not interposed, and struck him directly on the Throat. He settled himself on the Tackles of a Gun, which one Stephenson, from the Helm, observing, ran to his Assistance, and not perceiving him wounded, swore at him, and bid him stand up, and fight like a Man; but when he found his Mistake, and that his Captain was certainly dead, he gushed into Tears, and wished the next Shot might be his Lot. They presently threw him over-board, with his Arms and Ornaments on, according to the repeated Request he made in his Life-time.

Roberts was a tall black Man, near forty Years of Age, born at Newey-bagh, nigh Haverford-West, in Pembrokshire, of good natural Parts, and personal Bravery, tho’ he applied them to such wicked Purposes, as made them of no Commendation, frequently drinking D – n to him who ever lived to wear a Halter. He was forc’d himself at first among this Company out of the Prince, Captain Plumb at Anamaboe, about three Years before, where he served as second Mate, and shed, as he us’d to tell the fresh Men, as many Crocodile Tears then as they did now, but Time and good Company had wore it off. He could not plead Want of Employment, nor Incapacity of getting his Bread in an honest way, to favour so vile a Change, nor was he so much a Coward as to pretend it; but frankly own’d, it was to get rid of the disagreeable Superiority of some Masters he was acquainted with, and the Love of Novelty and Change, Maritime Peregrinations had accustom’d him to. In an honest Service, says he, there is thin Commons, low Wages, and hard Labour; in this, Plenty and Satiety, Pleasure and Ease, Liberty and Power; and who would not ballance Creditor on this Side, when all the Hazard that is run for it, at worst, is only a sour Look or two at choaking. No, A merry Life and a short one, shall be my Motto. Thus he preach’d himself into an Approbation of what he at first abhorr’d; and being daily regal’d with Musick, Drinking, and the Gaiety and Diversions of his Companions, these deprav’d Propensities were quickly edg’d and strengthen’d, to the extinguishing of Fear and Conscience. Yet among all the vile and ignominious Acts he had perpetrated, he is said to have had an Aversion towards forcing Men into that Service, and had procured some their Discharge, notwithstanding so many made it their Plea.

When Roberts was gone, as tho’ he had been the Life and Soul of the Gang, their Spirits sunk; many deserted their Quarters, and all stupidly neglected any Means for Defence, or Escape; and their Main-mast soon after being shot by the Board, they had no Way left, but to surrender and call for Quarters. The Swallow kept aloof, while her Boat passed, and repassed for the Prisoners; because they understood they were under an Oath to blow up; and some of the Desperadoes shewed a Willingness that Way, Matches being lighted, and Scuffles happening between those who would, and those who opposed it: But I cannot easily account for this Humour, which can be term’d no more than a false Courage, since any of them had Power to destroy his own Life, either by Pistol, or Drowning, without involving others in the same Fate, who are in no Temper of Mind for it: And at best, it had been only dying, for fear of Death.

She had 40 Guns, and 157 Men, 45 whereof were Negroes; three only were killed in the Action, without any Loss to the Swallow. There was found upwards of 2000 l. in Gold-Dust in her. The Flag could not be got easily from under the fallen Mast, and was therefore recover’d by the Swallow; it had the Figure of a Skeleton in it, and a Man pourtray’d with a flaming Sword in his Hand, intimating a Defyance of Death it self.

The Swallow returned back into Cape Lopez Bay, and found the little Ranger, whom the Pyrates had deserted in hast, for the better Defence of the Ship: She had been plunder’d, according to what I could learn, of 2000 l. in Gold-Dust, (the Shares of those Pyrates who belonged to her;) and Captain Hill, in the Neptune, not unjustly suspected, for he would not wait the Man of War’s returning into the Bay again, but sail’d away immediately, making no Scruple afterwards to own the Seizure of other Goods out of her, and surrender’d, as a Confirmation of all, 50 Ounces at Barbadoes, for which, see the Article at the End of this Book.

All Persons who after the 29th of Septem. 1690, &c.

To sum up the whole, if it be considered, first, that the sickly State of the Men of War, when they sail’d from Princes, was the Misfortune that hindered their being as far as Sierraleon, and consequently out of the Track the Pyrates then took. That those Pyrates, directly contrary to their Design, in the second Expedition, should get above Cape Corso, and that nigh Axim, a Chace should offer, that inevitably must discover them, and be soon communicated to the Men of War. That the satiating their evil and malicious Tempers at Whydah, in burning the Porcupine, and running off with the French Ship, had strengthened the Swallow with 30 Men. That the Swallow should miss them in that Road, where probably she had not, or at least so effectually obtained her End. That they should be so far infatuated at Cape Lopez, as to divide their Strength, which when collected, might have been so formidable. And lastly, that the Conquest should be without Bloodshed: I say, considering all these Circumstances, it shews that the Hand of Providence was concerned in their Destruction. As to their Behaviour after they were taken, it was found that they had great Inclinations to rebel, if they could have laid hold of any Opportunity. For they were very uneasy under Restraint, having been lately all Commanders themselves; nor could they brook their Diet, or Quarters, without cursing and swearing, and upbraiding each other, with the Folly that had brought them to it.

So that to secure themselves against any mad desperate Undertaking of theirs, they strongly barricado’d the Gun-Room, and made another Prison before it; an Officer, with Pistols and Cutlashes, doing Duty, Night and Day, and the Prisoners within, manacled and shackled.

They would yet in these Circumstances be impudently merry, saying, when they viewed their Nakedness, that they had not left them a halfpenny, to give old Charon, to ferry them over Stix: And at their thin Commons, they would observe, that they fell away so fast, that they should not have Weight left to hang them. Sutton used to be very prophane; he happening to be in the same Irons with another Prisoner, who was more serious than ordinary, and read and pray’d often, as became his Condition; this Man Sutton used to swear at, and ask him, what he proposed by so much Noise and Devotion? Heaven, says the other, I hope. Heaven, you Fool, says Sutton, did you ever hear of any Pyrates going thither? Give me H – ll, it’s a merrier Place; I’ll give Roberts a Salute of 13 Guns at Entrance. And when he found such ludicrous Expressions had no Effect on him, he made a formal Complaint, and requested that the Officer would either remove this Man, or take his Prayer-Book away, as a common Disturber.

A Combination and Conspiracy was formed, betwixt Moody, Ashplant, Magnes, Mare, and others, to rise, and kill the Officers, and run away with the Ship. This they had carried on by Means of a Mulatto Boy, who was allow’d to attend them, and proved very trusty in his Messages, between the Principals; but the Evening of that Night they were to have made this Struggle, two of the Prisoners that sat next to Ashplant, heard the Boy whisper them upon the Project, and naming to him the Hour they should be ready, presently gave Notice of it to the Captain, which put the Ship in an Alarm, for a little Time; and, on Examination, several of them had made shift to break off, or lose, their Shackles, (no doubt for such Purpose;) but it tended only to procure to themselves worse Usage and Confinement.

In the same Passage to Cape Corso, the Prize, Royal Fortune, was in the same Danger. She was left at the Island of St. Thomas’s, in the Possession of an Officer, and a few Men, to take in some fresh Provisions, (which were scarce at Cape Corso) with Orders to follow the Ship. There were only some of the Pyrates Negroes, three or four wounded Prisoners, and Scudamore, their Surgeon; from whom they seemed to be under no Apprehension, especially from the last, who might have hoped for Favour, on Account of his Employ; and had stood so much indebted for his Liberty, eating and drinking constantly with the Officer; yet this Fellow, regardless of the Favour, and lost to all Sense of Reformation, endeavoured to bring over the Negroes to his Design of murdering the People, and running away with the Ship. He easily prevailed with the Negroes to come into the Design; but when he came to communicate it to his Fellow Prisoners, and would have drawn them into the same Measures, by telling them, he understood Navigation, that the Negroes were stout Fellows, and by a Smattering he had in the Angolan Language, he had found willing to undertake such an Enterprize; and that it was better venturing to do this, run down the Coast, and raise a new Company, than to proceed to Cape Corso, and be hanged like a Dog, and Sun dry’d. One of them abhorring the Cruelty, or fearing the Success, discovered it to the Officer, who made him immediately a Prisoner, and brought the Ship safe.

When they came to be lodg’d in Cape Corso-Castle, their Hopes of this kind all cut off, and that they were assured they must there soon receive a final Sentence; the Note was changed among most of them, and from vain insolent jesting, they became serious and devout, begging for good Books, and joyning in publick Prayers, and singing of Psalms, twice at least every Day.

As to their Tryals, if we should give them at length, it may appear tedious to the Reader, for which Reason, I have, for the avoiding Tautology and Repetition, put as many of them together as were try’d for the same Fact, reserving the Circumstances which are most material, with Observations on the dying Behaviour of such of them, as came to my Knowledge.

And first, it may be observed from the List, that a great Part of these Pyrate Ships Crews, were Men entered on the Coast of Africa, not many Months before they were taken; from whence, it may be concluded, that the pretended Constraint of Roberts, on them, was very often a Complotment between Parties equally willing: And this Roberts several Times openly declared, particularly to the Onslow’s People, whom he called aft, and ask’d of them, who was willing to go, for he would force no Body? As was deposed, by some of his best Hands, after Acquittal; nor is it reasonable to think, he should reject Irish Voluntiers, only from a Pique against Kennedy, and force others, that might hazard, and, in Time, destroy his Government: But their Behaviour soon put him out of this Fear, and convinc’d him, that the Plea of Force was only the best Artifice they had to shelter themselves under, in Case they should be taken; and that they were less Rogues than others, only in Point of Time.

It may likewise be taken Notice of, that the Country, wherein they happened to be tried, is among other Happinesses, exempted from Lawyers, and Law-Books, so that the Office of Register, of necessity fell on one, not versed in those Affairs, which might justify the Court in want of Form, more essentially supply’d with Integrity and Impartiality.

But, perhaps, if there was less Law, there might be more Justice, than in some other Courts; for, if the civil Law be a Law of universal Reason, judging of the Rectitude, or Obliquity of Mens Actions, every Man of common Sense is endued with a Portion of it, at least sufficient to make him distinguish Right from Wrong, or what the Civilians call, Malum in se.

Therefore, here, if two Persons were equally Guilty of the same Fact, there was no convicting one, and bringing the other off, by any Quirk, or turn of Law; for they form’d their Judgments upon the Constraint, or Willingness, the Aim, and Intention of the Parties, and all other Circumstances, which make a material Difference. Besides, in Crimes of this Nature, Men bred up to the Sea, must be more knowing, and much abler, than others more learned in the Law; for, before a Man can have a right Idea of a Thing, he must know the Terms standing for that Thing: The Sea-Terms being a Language by it self, which no Lawyer can be supposed to understand, he must of Consequence want that discriminating Faculty, which should direct him to judge right of the Facts meant by those Terms.

The Court well knew, it was not possible to get the Evidence of every Sufferer by this Crew, and therefore, first of all, considered how that Deficiency should be supplied; whether, or no, they could pardon one Jo. Dennis, who had early offered himself, as King’s Evidence, and was the best read in their Lives and Conversations: Here indeed, they were at a Loss for Law, and concluded in the Negative, because it look’d like compounding with a Man to swear falsly, losing by it, those great Helps he could have afforded.

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 the Coast of Africa, March the 28th, 1722

THE 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.

BY 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.

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.

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 10th 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 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.