Chapter XI (2)

This Advice weigh'd with them, and they got under Sail, having stay'd only from _Thursday_ to _Saturday_ Night, and at Sea voted for the Island of _Anna Bona_; but the Winds hanging out of the Way, crossed their Purpose, and brought them to Cape _Lopez_, where I shall leave them for their approaching Fate, and relate some further Particulars of his Majesty's Ship the _Swallow, viz._ where it was she had spent her Time, during the Mischief that was done, and by what Means unable to prevent it; what also was the Intelligence she received, and the Measures thereon formed, that at last brought two such Strangers as Mr _Roberts_ and Capt. _Ogle_, to meet in so remote a Corner of the World.

The _Swallow_ and _Weymouth_ left _Sierraleon, May_ 28, where, I have already taken Notice, _Roberts_ arrived about a Month after, and doubtless learn'd the Intent of their Voyage, and cleaning on the Coast; which made him set down with more Security to his Diversion, and furnish him with such Intimations, as made his first Range down the Coast in _August_ following, more prosperous; the _Swallow_ and _Weymouth_ being then at the Port of _Princes_ a cleaning.

Their Stay at _Princes_ was from _July_ 28 to _Sept._ 20, 1721, where, by a Fatality, common to the Irregularities of Seamen, (who cannot in such Cases be kept under due Restraints,) they buried 100 Men in three Weeks time, and reduced the Remainder of the Ships Companies into so sickly a State, that it was with Difficulty they brought them to sail; and this Misfortune was probably the Ruin of _Roberts_, for it prevented the Men of War's going back to _Sierraleon_, as it was intended, there being a Necessity of leaving his Majesty's Ship _Weymouth_ (in much the worse Condition of the two) under the Guns of Cape _Corso_, to impress Men, being unable at this Time, either to hand the Sails, or weigh her Anchor; and _Roberts_ being ignorant of the Occasion or Alteration of the first Design, fell into the Mouth of Danger, when he thought himself the farthest from it; for the Men of War not endeavouring to attain further to Windward (when they came from _Princes_) then to secure Cape _Corso_ Road under their Lee, they luckily hovered in the Track he had took.

The _Swallow_ and _Weymouth_ fell in with the Continent at Cape _Appollonia, Octo._ 20th, and there received the ungrateful News from one Captain _Bird_; a Notice that awaken'd and put them on their Guard; but they were far from expecting any Temerity should ever bring him a second Time on the Coast, while they were there; therefore the _Swallow_ having seen the _Weymouth_ into Cape _Corso_ Road _Nov._ 10th, she ply'd to Windward as far as _Bassam_, rather as an Airing to recover a sickly Ship's Company, and shew herself to the Trade, which was found every where undisturb'd, and were, for that Reason, returning to her Consort, when accidently meeting a _Portuguese_ Ship, she told her, that the Day before she saw two Ships Chace into _Junk_, an _English_ Vessel, which she believed must have fallen into their Hands. On this Story, the _Swallow_ clung her Wind, and endeavoured to gain that Place, but receiving soon after (_Octo._ the 14th) a contrary Report from Captain _Plummer_, an intelligent Man, in the _Jason_ of _Bristol_, who had come further to Windward, and neither saw or heard any Thing of this; she turned her Head down the second Time, anchored at Cape _Appollonia_ the 23d, at Cape _Tres Puntas_ the 27th, and in _Corso_ Road _January_ the 7th, 1721-2.

They learned that their Consort the _Weymouth_, was, by the Assistance of some Soldiers from the Castle, gone to Windward, to demand Restitution of some Goods or Men belonging to the _African_ Company, that were illegally detained by the _Dutch_ at _Des Minas_; and while they were regretting so long a Separation, an Express came to General _Phips_, from _Axim_, the 9th, and followed by another from _Dixcove_, (an _English_ Factory,) with Information that three Ships had chased and taken a Galley nigh _Axim_ Castle, and a trading Boat belonging to the Company: No doubt was made, concerning what they were, it being taken for granted they were Pyrates, and supposed to be the same that had the _August_ before infested the Coast. The natural Result therefore, from these two Advices, was, to hasten for _Whydah_; for it was conclued the Prizes they had taken, had informed them how nigh the _Swallow_ was, and withal, how much better in Health than she had been for some Months past; so that unless they were very mad indeed, they would (after being discovered) make the best of their Way for _Whydah_, and secure the Booty there, without which, their Time and Industry had been entirely lost; most of the Gold lying in that Corner.

The _Swallow_ weighed from _Cape-Corso, January_ the 10th, but was retarded by waiting some Hours on the _Margaret_, a Company's Ship, at _Accra_, again on the _Portugal_, and a whole Day at _Apong_, on a Person they used to stile _Miss Betty_: A Conduct that Mr. _Phips_ blamed, when he heard the Pyrates were miss'd at _Whydah_, altho' he had given it as his Opinion, they could not be passed by, and intimated, that to stay a few Hours would prove no Prejudice.

This, however, hinder'd the _Swallow_'s catching them at _Whydah_, for the Pyrates came into that Road, with a fresh Gale of Wind, the same Day the _Swallow_ was at _Apong_, and sail'd the 13th of _January_ from thence, that she arrived the 17th. She gained Notice of them by a _French_ Shallop from _Grand Papa_, the 14th at Night, and from _Little Papa_ next Morning by a _Dutch_ Ship; so that the Man of War was on all Sides, as she thought, sure of her Purchase, particularly when she made the Ships, and discovered three of them to get under Sail immediately at Sight of her, making Signals to one another, as tho' they designed a Defence; but they were found to be three _French_ Ships; and those at Anchor, _Portuguese_ and _English_, all honest Traders, who had been ransack'd and ransom'd.

This Disappointment chagreen'd the Ship's Company, who were very intent upon their Market; which was reported to be an Arm-Chest full of Gold, and kept with three Keys; tho' in all liklyhood, had they met with them in that open Road, one or both would have made their Escapes; or if they had thought sit to have fought, an Emulation in their Defence would probably have made it desperate.

While they were contemplating on the Matter, a Letter was received from Mr. _Baldwin_, (Governor here for the Company,) signifying, that the Pyrates were at _Jaquin_, seven Leagues lower. The _Swallow_ weighed at two next Morning, _January_ the 16th, and got to _Jaquin_ by Day-Light, but to no other End, than frightening the Crews of two _Portuguese_ Ships on Shore, who took her for the Pyrate that had struck such Terror at _Whydah_: She returned therefore that Night, and having been strengthened with thirty Voluntiers, _English_ and _French_, the discarded Crews of the _Porcupine_, and the _French_ Ship they had carried from hence, she put to Sea again _January_ the 19th, conjecturing, that either _Calabar, Princes_, the River _Gabone_, Cape _Lopez_, or _Annabona_, must be touched at for Water and Refreshment, tho' they should resolve to leave the Coast. As to the former of those Places, I have before observed, it was hazardous to think of, or rather impracticable; _Princes_ had been a sower Grape to them, but being the first in the Way, she came before the Harbour the 29th, where learning no News, without loosing Time, steered for the River _Gabone_, and anchored at the Mouth of it _February_ the 1st.

This River is navigable by two Channels, and has an Island about five Leagues up, called _Popaguays_ or _Parrots_, where the _Dutch_ Cruisers, for this Coast, generally Clean, and where sometimes Pyrates come in to look for Prey, or to Refit, it being very convenient, by Reason of a soft Mud about it, that admits a Ship's lying on Shore, with all her Guns and Stores in, without Damage. Hither Captain _Ogle_ sent his Boat and a Lieutenant, who spoke with a _Dutch_ Ship, above the Island, from whom he had this Account, _viz._ That he had been four Days from Cape _Lopez_, and had left no Ship there. However, they beat up for the Cape, without regard to this Story, and on the 5th, at Dawning, was surprized with the Noise of a Gun, which, as the Day brightened, they found was from Cape _Lopez_ Bay, where they discovered three Ships at Anchor, the largest with the King's Colours and Pendant flying, which was soon after concluded to be Mr. _Roberts_ and his Consorts; but the _Swallow_ being to Windward, and unexpectedly deep in the Bay, was obliged to Steer off, for avoiding a Sand, called the _French Man_'s _Bank_, which the Pyrates observed for some Time, and rashly interpreting it to be Fear in her, righted the _French Ranger_, which was then on the Heel, and ordered her to chase out in all hast, bending several of their Sails in the Pursuit. The Man of War finding they had foolishly mistaken her Design, humoured the Deceit, and kept off to Sea, as if she had been really afraid, and managed her Steerage so, under the Direction of Lieutenant _Sun_, an experienced Officer, as to let the _Ranger_ come up with her, when they thought they had got so far as not to have their Guns heard by her Consort at the Cape. The Pyrates had such an Opinion of their own Courage, that they could never dream any Body would use a Stratagem to speak with them, and so was the more easily drawn into the Snare.

The Pyrates now drew nigh enough to fire their Chase Guns; they hoisted the black Flag that was worn in _Whydah_ Road, and got their Spritsail Yard along-ships, with Intent to board; no one having ever asked, all this while, what Country Ship they took the Chase to be; they would have her to be a _Portuguese_, (Sugar being then a Commodity among them,) and were swearing every Minute at the Wind or Sails to expedite so sweet a Chase; but, alass, all turned sour in an Instant: It was with the utmost Consternation they saw her suddenly bring to, and hawl up her lower Ports, now within Pistol-shot, and struck their black Flag upon it directly. After the first Surprize was over, they kept firing at a Distance, hoisted it again, and vapoured with their Cutlashes on the Poop; tho' wisely endeavouring at the same Time to get away. Being now at their Wits end, boarding was proposed by the Heads of them, and so to make one desperate Push; but the Motion not being well seconded, and their Main-Top-Mast coming down by a Shot, after two Hours firing, it was declin'd; they grew Sick, struck their Colours, and called out for Quarters; having had 10 Men killed out right, and 20 wounded, without the loss or hurt of one of the King's Men. She had 32 Guns, mann'd with 16 _French_ Men, 20 Negroes, and 77 _English._ The Colours were thrown over board, that they might not rise in Judgment, nor be display'd in Tryumph over them.

While the _Swallow_ was sending their Boat to fetch the Prisoners, a Blast and Smoak was seen to pour out of the great Cabin, and they thought they were blowing up; but upon enquiry afterwards, found that half a dozen of the most Desperate, when they saw all Hopes fled, had drawn themselves round what Powder they had left in the Steerage, and fired a Pistol into it, but it was too small a Quantity to effect any Thing more, than burning them in a frightful Manner.

This Ship was commanded by one _Skyrme_, a _Welch_ Man, who, tho' he had lost his Leg in the Action, would not suffer himself to be dressed, or carried off the Deck; but, like _Widrington_, fought upon his Stump. The rest appeared gay and brisk, most of them with white Shirts, Watches, and a deal of Silk Vests, but the Gold-Dust belonging to them, was most of it left in the _Little Ranger_ in the Bay, (this Company's proper Ship,) with the _Royal Fortune._

I cannot but take Notice of two among the Crowd, of those disfigured from the Blast of Powder just before mentioned, _viz. William Main_ and _Roger Ball._ An Officer of the Ship seeing a Silver Call hang at the Wast of the former, said to him, _I presume you are Boatswain of this Ship. Then you presume wrong_, answered he, _for I am Boatswain of the_ Royal Fortune, _Captain_ Roberts _Commander. Then Mr._ Boatswain _you will be hanged I believe_, replies the Officer. _That is as your Honour pleases_, answered he again, and was for turning away: But the Officer desired to know of him, how the Powder, which had made them in that Condition, came to take Fire.--_By G_-- says he, _they are all mad and bewitch'd, for I have lost a good Hat by it._ (the Hat and he being both blown out of the Cabin Gallery, into the Sea.) _But what signifies a Hat Friend_, says the Officer.-_Not much_ answer'd he, the Men being busy in stripping him of his Shoes and Stockings.--The Officer then enquired of him, whether _Roberts_'s Company were as likely Fellows as these.-- _There are_ 120 _of them_, (answered he) _as clever Fellows as ever trod Shoe Leather: Would I were with them!--No doubt on't_, says the Officer.--_By G-- it is naked Truth_, answered he, looking down and seeing himself, by this Time, quite striped.

The Officer then approached _Roger Ball_, who was seated in a private Corner, with a Look as sullen as Winter, and asked him, how he came blown up in that frightful Manner.--_Why_, says he, John Morris _fired a Pistol into the Powder, and if he had not done it, I would_, (bearing his Pain without the least Complaint.) The Officer gave him to understand he was Surgeon, and if he desired it, he would dress him; but he swore it should not be done, and that if any Thing was applied to him, he would tear it off.--Nevertheless the Surgeon had good Nature enough to dress him, tho' with much trouble: At Night he was in a kind of _Delirium_, and raved on the Bravery of _Roberts_, saying, he should shortly be released, as soon as they should meet him, which procured him a lashing down upon the Forecastle, which he resisting with all his Force, caused him to be used with the more Violence, so that he was tied down with so much Severity, that his Flesh being sore and tender with the blowing up, he died next Day of a Mortification.

They secured the Prisoners with Pinions, and Shackles, but the Ship was so much disabled in the Engagement, that they had once Thoughts to set her on Fire; but this would have given them the Trouble of taking the Pyrates wounded Men on Board themselves, and that they were certain the _Royal Fortune_ would wait for their Consort's Return, they lay by her two Days, repaired her Rigging and other Damages, and sent her into _Princes_, with the _French_ Men, and four of their own Hands.

On the 9th in the Evening, the _Swallow_ gained the Cape again, and saw the _Royal Fortune_ standing into the Bay with the _Neptune_, Captain _Hill_, of _London_: A good Presage of the next Day's Success, for they did not doubt but the Temptation of Liquor, and Plunder, they might find in this their new Prize, would make the Pyrates very confused; and so it happened.

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_ 29_th 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_ 28_th_, 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_.

Mens Names. Ships from Time when. * James Skyrm Greyhound Sloop Oct. 1720 * Rich. Hardy Pyrate with Davis 1718 * Wm. Main Brigantine Capt. Peet June 1720 * Henry Dennis } 1718 * Val. Ashplant } Pyrates with Capt. Davis 1719 * Rob. Birdson } 1719

* Rich. Harris } Phoenix of Bristol, Capt. } * D. Littlejohn } Richards } June 1720 * Thomas How at Newfoundland } + Her. Hunkins Success Sloop * Hugh Harris Willing Mind } * W. Mackintosh } Thomas Wills Richard of Biddiford } July 1720 + John Wilden Mary and Martha } * Ja. Greenham Little York, Phillips Mr. } * John Jaynson Love of Lancaster } + Chri. Lang Thomas Brigantine Sept. 1720 * John Mitchel } Norman Galley Oct. 1720 T. Withstandenot }

Peter la Fever } Jeremiah and Ann Ap. 1720 * Wm. Shurin }

* Wm. Wats } Sierraleon }of Mr. Glin } July 1721 * Wm. Davis } }of Seig. Josseé }

+ James Barrow } Martha Snow Capt Lady * Joshua Lee }

Rob. Hartley (1) } Robinson of Leverpole Capt. Aug. 1721 + James Crane } Kanning

George Smithson } } Roger Pye } } + Rob. Fletcher } Stanwich Galley Captain } Aug. 1721 * Ro. Hartley (2) } Tarlton } + Andrew Rance A Dutch Ship }

* Cuthbert Goss } } * Tho. Giles } Mercy Galley of Bristol } Oct. 1721 * Israel Hynde } at Callibar }

William Church Gertruycht of Holland } Philip Haak Flushingham of ditto } William Smith } Elizabeth Capt. Sharp } Adam Comry } } } William Graves } } * Peter de Vine } King Solomon Capt. Trehern } John Johnson } off Cape Appollonia } John Stodgill } } } Henry Dawson } Whydah Sloop at Jaquin } William Glass } } Jan. 172½ } Josiah Robinson } } John Arnaught } } John Davis } } + Henry Graves } Tarlton Capt. Tho. Tarlton, } Tho. Howard } } + John Rimer } } Thomas Clephen } } Wm. Guineys Porcupine Capt. Fletcher } + James Cosins } Tho. Stretton } * William Petty } Mic. Lemmon } Onslow Capt. Gee at Cestos Jan. 172½ * Wm. Wood } * Ed. Watts } * John Horn } Pierre Ravon Peter Grossey } John Dugan Rence Frogier } James Ardeon Lewis Arnaut } From the Ettrien Gilliot Rence Thoby } French Ship Ren. Marraud Meth Roulac } in Whydah John Gittin John Gumar } Road Feb. Jo. Richardeau John Paquete } 1721-2. John Lavogue Allan Pigan } John Duplaissey Pierce Shillot }

You, _James Skyrm, Michael Lemmon, Robert Hartley_, &c.

Y_E, and every one of you, are in the Name, and by the Authority, of our dread Sovereign Lord_, George, _King of_ Great Britain, _indicted as follows_;

_Forasmuch as in open Contempt of the Laws of your Country, ye have all of you been wickedly united, and articled together, for the Annoyance and Disturbance of his Majesty's trading Subjects by Sea. And have in Conformity to the most evil and mischievous Intentions, been twice down the Coast of_ Africa, _with two Ships; once in the Beginning of_ August, _and a second Time, in_ January _last, sinking, burning, or robbing such Ships, and Vessels, as then happened in your Way._

_Particularly, ye stand charged at the Instance, and Information of Captain_ Chaloner Ogle, _as Traytors and Pyrates, for the unlawful Opposition ye made to his Majesty's Ship, the_ Swallow, _under his Command._

_For that on the_ 5_th of_ February _last past, upon Sight of the aforesaid King's Ship, ye did immediately weigh Anchor from under Cape_ Lopez, _on the Southern Coast of_ Africa, _in a_ French _built Ship of_ 32 _Guns, called the_ Ranger, _and did pursue and chase the aforesaid King's Ship, with such Dispatch and Precipitancy, as declared ye common Robbers and Pyrates._

_That about Ten of the Clock the same Morning, drawing within Gun-shot of his Majesty's aforesaid Ship the_ Swallow, _ye hoisted a pyratical black Flag, and fired several chace Guns, to deter, as much as ye were able, his Majesty's Servants from their Duty._

_That an Hour after this, being very nigh to the aforesaid King's Ship, ye did audaciously continue in a hostile Defence and Assault, for about two Hours more, in open Violation of the Laws, and in Defiance to the King's Colours and Commission._

_And lastly, that in the acting, and compassing of all this, ye were all, and every one of you, in a wicked Combination, voluntarily to exert, and actually did, in your several Stations, use your utmost Endeavours to distress the said King's Ship, and murder his Majesty's good Subjects._

To which they severally pleaded, _Not Guilty._

* * *

Then the Court called for the Officers of the _Swallow_, Mr. _Isaac Sun_, Lieutenant, _Ralph Baldrick_, Boatswain, _Daniel Maclauglin_, Mate, desiring them to view the Prisoners, whether they knew them? And to give an Account in what Manner they had attack'd and fought the King's Ship; and they agreed as follows.

That they had viewed all the Prisoners, as they stood now before the Court, and were assured they were the same taken out of one, or other, of the Pyrate Ships, _Royal Fortune_, or _Ranger_; but verily believe them to be taken out of the _Ranger._

That they did in the King's Ship, at break of Day, on _Monday_, the 5th of _February_, 1721-2, discover three Ships at Anchor, under Cape _Lopez_, on the Southern Coast of _Africa_; the Cape bearing then W. S. W. about three Leagues, and perceiving one of them to have a Pendant flying, and having heard their Morning-Gun before, they immediately suspected them to be _Roberts_ the Pyrate, his consort, and a _French_ Ship, they knew had been lately carried out of _Whydah_ Road.

The King's Ship was obliged to hawl off N. W. and W. N. W. to avoid a Sand, called, the _French Man's Bank_, the Wind then at S. S. E. and found in half an Hour's time, one of the three had got under Sail from the Careen, and was bending her Sails, in a Chace towards them. To encourage this Rashness and Precipitancy, they kept away before the Wind, (as though afraid,) but with their Tacks on Board, their Main-Yard braced, and making, at the same Time, very bad Steerage.

About half an Hour after Ten, in the Morning, the Pyrate Ship came within Gun-shot, and fired four Chace Guns, hoisted a black Flag at the Mizen-Peek, and got their Sprit-sail Yard under their Bowsprit, for boarding. In half an Hour more, approaching still nigher, they Starboarded their Helm, and gave her a Broadside, the Pyrate bringing to, and returning the same.

After this, the Deponents say, their Fire grew slack for some Time, because the Pyrate was shot so far a Head on the Weather-Bow, that few of their Guns could Point to her; yet in this Interval their black Flag was either Shot away, or hawled down a little Space, and hoisted again.

At length, by their ill Steerage, and Favour of the Wind, they came near, a second Time; and about Two in the Afternoon shot away their Main-topmast.

The Colours they fought under, besides a black Flag, were a red _English_ Ensign, a King's Jack, and a _Dutch_ Pendant, which they struck at, or about, Three in the Afternoon, and called for Quarters; it proving to be a _French_ built Ship of 32 Guns, called the _Ranger._

_Isaac Sun_, _Ralph Baldrick_, _Daniel Maclauglin._

When the Evidence had been heard, the Prisoners were called upon to answer, how they came on Board this Pyrate Ship; and their Reason for so audacious a Resistance, as had been made against the King's Ship.

To this, each, in his Reply, owned himself to be one of those taken out of the _Ranger_; that he had signed their pyratical Articles, and shared in their Plunder, some few only accepted, who had been there too short a Time. But that neither in this signing, or sharing, nor in the Resistance had been made against his Majesty's Ship, had they been Voluntiers, but had acted in these several Parts, from a Terror of Death; which a Law amongst them, was to be the Portion of those who refused. The Court then ask'd, who made those Laws? How those Guns came to be fired? Or why they had not deserted their Stations, and mutinied, when so fair a Prospect of Redemption offered? They replied still, with the same Answers, and could extenuate their Crimes, with no other Plea, than being forced Men. Wherefore the Court were of Opinion, that the Indictment, as it charged them with an unlawful Attack and Resistance of the King's Ship, was sufficiently proved; but then it being undeniably evident, that many of these Prisoners had been forced, and some of them of very short standing, they did, on mature Deliberation, come to this merciful Resolution;

That they would hear further Evidence for, or against, each Person singly, in Relation to those Parts of the Indictment, which declared them Voluntiers, or charged them with aiding and assisting, at the burning, sinking, or robbing of other Ships; for if they acted, or assisted, in any Robberies or Devastations, it would be a Conviction they were Voluntiers; here such Evidence, though it might want the Form, still carried the Reason of the Law with it.

The Charge was exhibited also against the following Pyrates taken out of the _Royal Fortune._

* Mich. Mare in the Rover 5 Years ago * Chris. Moody under Davis 1718. * Mar. Johnson a Dutch Ship 1718. * James Philips the RevengePyrate Sloop 1717. * David Symson } Pyrates with Davis * Tho. Sutton } * Hag. Jacobson a Dutch Ship 1719 * W. Williams 1 } } * 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._

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.

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.