Chapter XI (3)

At Two she struck her Colours, and called for Quarters, proving to be a Ship, formerly call'd the _Onslow_, but by them, the _Royal Fortune_; and the Prisoners from her, assured them, that the smallest Ship of the two, then remaining in the Road, belong'd to them, by the Name of the _Little Ranger_, which they had deserted on this Occasion.

_Isaac Sun_, _Ralph Baldrick_, _Daniel Maclaughlin._

The Prisoners were asked by the Court, to the same Purpose the others had been in the Morning; what Exception they had to make against what had been sworn? And what they had to say in their Defence? And their Reply were much the same with the other Prisoners; that they were forc'd Men, had not fired a Gun in this Resistance against the _Swallow_, and that what little Assistance they did give on this Occasion, was to the Sails and Rigging, to comply with the arbitrary Commands of _Roberts_, who had threaten'd, and they were perswaded would, have Shot them on Refusal.

The Court, to dispense equal Justice, mercifully resolved for these, as they had done for the other Pyrate Crew; that further Evidence should be heard against each Man singly, to the two Points, of being a Voluntier at first, and to their particular Acts of Pyracy and Robbery since: That so Men, who had been lately received amongst them, and as yet, had not been at the taking, or plundering, of any Ship, might have the Opportunity, and Benefit, of clearing their Innocence, and not fall promiscuously with the Guilty.

_By Order of the Court_, John Atkins, _Register._

_Wm. Magnes, Tho. Oughterlauney, Wm. Main, Wm. Mackintosh, Val. Ashplant, John Walden, Israel Hind, Marcus Johnson, Wm. Petty, Wm. Fernon, Abraham Harper, Wm. Wood, Tho. How, John Stephenson, Ch. Bunce_, and _John Griffin_

Against these it was deposed by Captain _Joseph Trahern_, and _George Fenn_, his Mate, that they were all of them, either at the attacking and taking of the Ship King _Solomon_, or afterwards at the robbing and plundering of her, and in this Manner; That on the 6th of _January_ last their Ship riding at Anchor near Cape _Appollonia_ in _Africa_, discovered a Boat rowing towards them, against Wind and Stream, from a Ship that lay about three Miles to Leeward. They judged from the Number of Men in her, as she nearer advanced, to be a Pyrate, and made some Preparation for receiving her, believing, on a nigher View, they would think fit to withdraw from an Attack that must be on their Side with great Disadvantage in an open Boat, and against double the Number of Men; yet by the Rashness, and the Pusillanimity of his own People (who laid down their Arms, and immediately called for Quarter) the Ship was taken, and afterwards robbed by them.

_President._ Can you charge your Memory with any Particulars in the Seizure and Robbery?

_Evidence._ We know that _Magnes_, Quarter-Master of the Pyrate Ship, commanded the Men in this Boat that took us, and assumed the Authority of ordering her Provisions and Stores out, which being of different Kinds, we soon found, were seized and sent away under more particular Directions; for _Main_, as Boatswain of the Pyrate Ship, carried away two Cables, and several Coils of Rope, as what belonged to his Province, beating some of our own Men for not being brisk enough at working in the Robbery. _Petty_, as Sail-maker, saw to the Sails and Canvas; _Harper_, as Cooper to the Cask and Tools; _Griffin_, to the Carpenter's Stores, and _Oughterlauney_, as Pilot, having shifted himself with a Suit of my Clothes, a new tye Wig, and called for a Bottle of Wine, ordered the Ship, very arrogantly, to be steered under Commadore _Robert_'s Stern, (I suppose to know what Orders there were concerning her.) So far particularly. In the general, Sir, they were very outragious and emulous in Mischief.

_President._ Mr. _Castel_, acquaint the Court of what you know in Relation to this Robbery of the King _Solomon_; after what Manner the Pyrate-Boat was dispatch'd for this Attempt.

_Tho. Castel._ I was a Prisoner, Sir, with the Pyrates when their Boat was ordered upon that Service, and found, upon a Resolution of going, Word was passed through the Company, Who would go? And I saw all that did, did it voluntarily; no Compulsion, but rather pressing who should be foremost.

The Prisoners yielded to what had been sworn about the Attack and Robbery, but denied the latter Evidence, saying, _Roberts_ hector'd, and upbraided them of Cowardice on this very Occasion; and told some, they were very ready to step on Board of a Prize when within Command of the Ship, but now there seem'd to be a Tryal of their Valour, backward and fearful.

_President._ So that _Roberts_ forc'd ye upon this Attack.

_Prisoners. Roberts_ commanded us into the Boat, and the Quarter-Master to rob the Ship; neither of whose Commands we dared to have refused.

_President._ And granting it so, those are still your own Acts, since done by Orders from Officers of your own Election. Why would Men, honestly disposed, give their Votes for such a Captain and such a Quarter-Master as were every Day commanding them on distastful Services?

Here succeeded a Silence among the Prisoners, but at length _Fernon_ very honestly own'd, that he did not give his Vote to _Magnes_, but to _David Sympson_ (the old Quarter-Master,) _for in Truth_, says he, _I took_ Magnes _for too honest a Man, and unfit for the Business._

The Evidence was plain and home, and the Court, without any Hesitation, brought them in _Guilty._

W_ILLIAM Church, Phil. Haak, James White, Nich. Brattle, Hugh Riddle, William Thomas, Tho. Roberts, Jo. Richards, Jo. Cane, R. Wood, R. Scot, Wm. Davison, Sam. Morwell, Edward Evans, Wm. Guineys_, and 18 _French_ Men.

The four first of these Prisoners, it was evident to the Court, served as Musick on Board the Pyrate, were forced lately from the several Merchant Ships they belonged to; and that they had, during this Confinement, an uneasy Life of it, having sometimes their Fiddles, and often their Heads broke, only for excusing themselves, or saying they were tired, when any Fellow took it in his Head to demand a Tune.

The other _English_ had been a very few Days on Board the Pyrate, only from _Whydah_ to Cape _Lopez_, and no Capture or Robbery done by them in that Time. And the _French_ Men were brought with a Design to reconduct their own Ship (or the _Little Ranger_ in Exchange) to _Whydah_ Road again, and were used like Prisoners; neither quarter'd nor suffered to carry Arms. So that the Court immediately acquiesced in, _Acquitting them._

T_HO. Sutton, David Sympson, Christopher Moody, Phil. Bill, R. Hardy, Hen. Dennis, David Rice, Wm. Williams, R. Harris, Geo. Smith, Ed. Watts, Jo. Mitchell_ and _James Barrow._

The Evidence against these Prisoners, were _Geret de Haen_, Master of the _Flushingham_, taken nigh _Axim_, the Beginning of _January_ last.

_Benj. Kreft_ Master, and _James Groet_ Mate of the _Gertruycht_, taken nigh _Gabone_ in _December_ last, and Mr. _Castel, Wingfield_ and others, that had been Prisoners with the Pyrates.

The former deposed, that all these Prisoners (excepting _Hardy_) were on Board at the Robbery and Plunder of their Ships, behaving in a vile outragious Manner, putting them in bodily Fears, sometimes for the Ship, and sometimes for themselves; and in particular, _Kreft_ charged it on _Sutton_, that he had ordered all their Gunner's Stores out; on which that Prisoner presently interrupted, and said, he was perjured, _That he had not taken half._ A Reply, I believe, not designed as any sawcy Way of jesting, but to give their Behaviour an Appearance of more Humanity than the _Dutch_ would allow.

From Mr. _Castel, Wingfield_ and others, they were proved to be distinguished Men, Men who were consulted as Chiefs in all Enterprizes; belonged most of them to the House of Lords, (as they call'd it,) and could carry an Authority over others. The former said, particularly of _Hardy_, (Quarter-Master of the _Ranger_,) that when the _Diligence_ Sloop was taken, (whereto he belonged,) none was busier in the Plunder, and was the very Man who scuttled and sunk that Vessel.

From some of the Prisoners acquitted, it was farther demanded, whether the Acceptance or Refusal of any Office was not in their own Option? And it was declared, that every Officer was chose by a Majority of Votes, and might refuse, if he pleased, since others gladly embraced what brought with it an additional Share of Prize. _Guilty_

* * *

The Court on the 31st of _March_, remanded the following six before them, for Sentence, _viz. Dav. Sympson, Wm. Magnes, R. Hardy, Thomas Sutton, Christopher Moody_, and _Valen. Ashplant._

To whom the President spoke to the following Purpose; _The Crime of Pyracy, of which all of ye have been justly convicted, is of all other Robberies the most aggravating and inhumane, in that being removed from the Fears of Surprize, in remote and distant Parts, ye do in Wantonness of Power often add Cruelty to Theft._

_Pyrates unmoved at Distress or Poverty, not only spoil and rob, but do it from Men needy, and who are purchasing their Livlihoods thro' Hazards and Difficulties, which ought rather to move Compassion; and what is still worse, do often, by Perswasion or Force, engage the inconsiderate Part of them, to their own and Families Ruin, removing them from their Wives and Children, and by that, from the Means that should support them from Misery and Want._

_To a trading Nation, nothing can be so Destructive as Pyracy, or call for more exemplary Punishment; besides, the national Reflection it infers: It cuts off the Returns of Industry, and those plentiful Importations that alone can make an Island flourishing; and it is your Aggravation, that ye have been the Chiefs and Rulers in these licentious and lawless Practices._

_However, contrary to the Measures ye have dealt, ye have been heard with Patience, and tho' little has, or possibly could, have been said in Excuse or Extenuation of your Crimes, yet Charity makes us hope that a true and sincere Repentance_ (_which we heartily recommend_) _may entitle ye to Mercy and Forgiveness, after the Sentence of the Law has taken Place, which now remains upon me to pronounce._

Y_OU_ Dav. Simpson, William Magnes, R. Hardy, Tho. Sutton, Christopher Moody, _and_ Val. Ashplant.

_Ye, and each of you, are adjudged and sentenced, to be carried back to the Place from whence ye came, from thence to the Place of Execution, without the Gates of this Castle, and there within the Flood-Marks, to be hanged by the Neck till ye are dead._

_After this, ye, and each of you shall be taken down, and your Bodies hanged in Chains._

Warrant for Execution.

P_URSUANT to the Sentence given on_ Saturday, _by the Court of Admiralty, at_ Cape-Corso-Castle, _against_ Dav. Simpson, Wm. Magnes, R. Hardy, Tho. Sutton, Christopher Moody, _and_ Valentine Ashplant.

_You are hereby directed to carry the aforesaid Malefactors to the Place of Execution, without the Gates of this Castle, to Morrow Morning at Nine of the Clock, and there within the Flood-Marks, cause them to be hanged by the Neck till they are dead, for which, this shall be your Warrant. Given under my Hand, this_ 2_d Day of_ April 1722.

_To_ Joseph Gordyn, _Provost-Marshal._

Mungo Heardman.

_The Bodies remove in Chains, to the Gibbets already erected on the adjacent Hillocks._

M. H.

_William Phillips._

IT appeared by the Evidence of Captain _Jo. Trahern_, and _George Fenn_, Mate of the King _Solomon_, that this Prisoner was Boatswain of the same Ship, when she was attacked and taken off Cape _Appollonia_, the 6th of _January_ last, by the Pyrate's Boat.

When the Boat drew nigh, (they say,) it was judged from the Number of Men in her, that they were Pyrates, and being hailed, answered, _Defiance_; at which the Commander snatched a Musquet from one of his Men, and fired, asking them at the same Time, whether they would stand by him, to defend the Ship? But the Pyrates returning a Volley, and crying out, they would give no Quarters if any Resistance was made; this Prisoner took upon him to call out for Quarters, without the Master's Consent, and mislead the rest to the laying down their Arms, and giving up the Ship, to half the Number of Men, and in an open Boat. It was further evident he became, after this, a Voluntier amongst them. First, because he was presently very forward and brisk, in robbing the Ship _King Solomon_, of her Provisions and Stores. Secondly, because he endeavoured to have his Captain ill used; and lastly, because he had confessed to _Fenn_, that he had been obliged to sign their Articles that Night, (a Pistol being laid on the Table, to signify he must do it, or be shot,) when the whole appeared to be an Untruth from other Evidence, who also asserted his being armed in the Action against the _Swallow._

In answer to this, he first observed upon the Unhappiness of being friendless in this Part of the World, which, elsewhere, by witnessing to the Honesty of his former Life, would, he believed, in a great Measure, have invalidated the wrong Evidence had been given of his being a Voluntier with the Pyrates. He owns indeed, he made no Application to his Captain, to intercede for a Discharge, but excuses it with saying, he had a dislike to him, and therefore was sure that such Application would have avail'd him nothing.

The Court observed the Pretences of this, and other of the Pyrates, of a Pistol and their Articles being served up in a Dish together, or of their being misused and forced from an honest Service, was often a Complotment of the Parties, to render them less suspected of those they came from, and was to answer the End of being put in a News-Paper or Affidavit: and the Pyrates were so generous as not to refuse a Compliment to a Brother that cost them nothing, and, at the same Time, secured them the best Hands; the best I call them, because such a Dependance made them act more boldly. _Guilty._

_Harry Glasby_, Master.

THere appearing several Persons in Court, who had been taken by _Roberts_'s Ship, whereof the Prisoner was Master, their Evidence was accepted as follows.

_Jo. Trahern_, Commander of the _King Solomon_, deposed, the Prisoner, indeed, to act as Master of the Pyrate Ship (while he was under Restraint there) but was observed like no Master, every one obeying at Discretion, of which he had taken Notice, and complained to him, how hard a Condition it was, to be a Chief among Brutes; and that he was weary of his Life, and such other Expressions, (now out of his Memory,) as shew'd in him a great Disinclination to that Course of Living.

_Jo. Wingfield_, a Prisoner with them at _Calabar_, says the same, as to the Quality he acted in, but that he was Civil beyond any of them, and verily believes, that when the Brigantine he served on Board of, as a Factor for the _African_ Company, was voted to be burnt, this Man was the Instrument of preventing it, expressing himself with a great deal of Sorrow, for this and the like malicious Rogueries of the Company he was in; that to him shewed, he had acted with Reluctancy, as one who could not avoid what he did. He adds further, that when one _Hamilton_, a Surgeon, was taken by them, and the Articles about to be imposed on him, he opposed, and prevented it. And that _Hunter_, another Surgeon, among them, was cleared at the Prisoner's Instance and Perswasion; from which last, this Deponent had it assured to him, that _Glasby_ had once been under Sentence of Death, on Board of them, with two more, for endeavouring an Escape in the _West-Indies_, and that the other two were really shot for it.

_Elizabeth Trengrove_, who was taken a Passenger in the _African_ Company's Ship _Onslow_, strengthen'd the Evidence of the last Witness; for having heard a good Character of this _Glasby_, she enquired of the Quarter-Master, who was then on Board a robbing, whether or no she could see him? And he told her, _No_; they never ventured him from the Ship, for he had once endeavoured his Escape, and they had ever since continued jealous of him.

_Edward Crisp_, Captain _Trengrove_, and Captain _Sharp_, who had all been taken in their Turns, acknowledge for themselves and others, who had unluckily fallen into those Pyrates Hands, that the good Usage they had met with, was chiefly thro' the Prisoner's Means, who often interposed, for leaving sufficient Stores and Instruments on Board the Ships they had robbed, alledging, they were superfluous and unnecessary there.

_James White_, whose Business was Musick, and was on the Poop of the Pyrate Ship in Time of Action with the _Swallow_, deposed, that during the Engagement, and Defence she made, he never saw the Prisoner busied about the Guns, or giving Orders, either to the loading or firing of them; but that he wholly attended to the setting, or trimming, of the Sails, as _Roberts_ commanded; and that in the Conclusion, he verily believed him to be the Man who prevented the Ship's being blown up, by setting trusty Centinels below, and opposing himself against such hot-headed Fellows as had procured lighted Matches, and were going down for that Purpose.

_Isaac Sun_, Lieutenant of the Man of War, deposed, that when he came to take Possession of the Prize, in the King's Boat, he found the Pyrates in a very distracted and divided Condition; some being for blowing up, and others (who perhaps supposed themselves least culpable) opposing it: That in this Confusion he enquired for the Prisoner, of whom he had before heard a good Character; and thinks he rendered all the Service in his Power, for preventing it; in particular, he understood by all Hands, that he had seized, and taken, from one _James Philips_, a lighted Match, at the Instant he was going down to the Magazine, swearing, that he should send them all to H--l together. He had heard also, that after _Roberts_ was killed, the Prisoner ordered the Colours to be struck; and had since shown, how opposite his Practice and Principles had been, by discovering who were the greatest Rogues among them.

The Prisoner, in his own Defence, says, when he had the Misfortune of falling into the Pyrates Hands, he was chief Mate of the _Samuel_, of _London_, Captain _Cary_; and when he had hid himself, to prevent the Design of carrying him away, they found him, and beat and threw him over-board. Seven Days afterwards, upon his objecting against, and refusing to sign their Articles, he was cut and abus'd again: That tho' after this he ingratiated himself, by a more humble Carriage, it was only to make Life easy; the Shares they had given him, having been from Time to Time returned again to such Prisoners as fell in his Way; till of late, indeed, he had made a small Reservation, and had desired Captain _Loan_ to take two or three Moidores from him, to carry to his Wife. He was once taken, he says, at making his Escape, in the _West-Indies_, and, with two more, sentenced to be shot for it, by a drunken Jury; the latter actually suffered, and he was preserved only by one of the chief Pyrates taking a sudden Liking to him, and bullying the others. A second time he ran away at _Hispaniola_, carrying a Pocket Compass, for conducting him through the Woods; but that being a most desolate and wild Part of the Island he fell upon, and he ignorant how to direct his Course, was obliged, after two or three Days wandering, to return towards the Ship again, denying with egregious Oaths, the Design he was charg'd with, for Fear they should shoot him. From this Time he hopes it will be some Extenuation of his Fault, that most of the acquitted Prisoners can witness, they entertained Jealousies of him, and _Roberts_ would not admit him into his Secrets; and withal, that Captain _Cary_, (and four other Passengers with him) had made Affidavit of his having been forced from his Employ, which tho' he could not produce, yet he humbly hoped the Court would think highly probable from the Circumstances offered.

On the whole, the Court was of Opinion Artists had the best Pretension to the Plea of Force, from the Necessity Pyrates are sometimes under of engaging such, and that many Parts of his own Defence had been confirmed by the Evidence, who had asserted he acted with Reluctance, and had expressed a Concern and Trouble for the little Hopes remained to him, of extricating himself. That he had used all Prisoners (as they were called) well, at the hazard of ill Usage to himself. That he had not in any military Capacity assisted their Robberies. That he had twice endeavoured his Escape, with the utmost Danger. _Acquitted him._

Captain _James Skyrm._

IT appeared from the Evidence of several Prisoners acquitted, that this _Skyrm_ commanded the _Ranger_, in that Defence she made against the King's Ship; that he ordered the Men to their Quarters, and the Guns to be loaded and fired, having a Sword in his Hand, to enforce those Commands; and beat such to their Duty whom he espied any way negligent or backward. That altho' he had lost a Leg in the Action, his Temper was so warm, as to refuse going off the Deck, till he found all was lost.

In his Defence, he says, he was forced from a Mate's Employ on Board a Sloop call'd the _Greyhound_, of St. _Christophers, Oct._ 1720. The Pyrate having drubbed him, and broke his Head, only for offering to go away when that Sloop was dismissed. Custom and Success had since indeed blunted, and, in some Measure, worn out the Sense of Shame; but that he had really for several Months past been sick, and disqualified for any Duty, and though _Roberts_ had forced him on this Expedition much against his Will, yet the Evidence must be sensible, the Title of Captain gave him no Pre-eminence, for he could not be obeyed, though he had often called to them, to leave off their Fire, when he perceived it to be the King's Ship.

The Sickness he alledged, but more especially the Circumstance of losing his Leg, were Aggravations of his Fault, shewing him more alert on such Occasions, than he was now willing to be thought: As to the Name of Captain, if it were allowed to give him no Precedence out of Battle, yet here it was proved a Title of Authority; such an Authority as could direct an Engagement against the King's Colours, and therefore he was in the highest Degree, _Guilty._

_John Walden._

CAptain _John Trahern_, and _George Fenn_, deposed, the Prisoner to be one of the Number, who, in an open Boat, pyratically assailed, and took their Ship, and was remarkably busy at Mischief, having a Pole-Ax in his Hand, which served him instead of a Key, to all the lock'd Doors and Boxes he come nigh: Also in particular, he cut the Cable of our Ship, when the other Pyrates were willing, and busied at heaving up the Anchor, saying, Captain, what signifies this Trouble of _Yo Hope_ and straining in hot Weather; there are more Anchors at _London_, and besides, your Ship is to be burnt.

_William Smith_, (a Prisoner acquitted,) says _Walden_ was known among the Pyrates mostly, by the Nick-Name of _Miss Nanney_ (ironically its presumed from the Hardness of his Temper) that he was one of the twenty who voluntarily came on Board the _Ranger_, in the Chace she made out after the _Swallow_, and by a Shot from that Ship, lost his Leg; his Behaviour in the Fight, till then, being bold and daring.

The _President_, called for _Harry Glasby_, and bid him relate a Character of the Prisoner, and what Custom was among them, in Relation to these voluntary Expeditions, out of their proper Ship; and this of going on Board the _Ranger_, in particular.

And he gave in for Evidence, that the Prisoner was looked on as a brisk Hand, (_i. e._ as he farther explained it, a stanch Pyrate, a great Rogue) that when the _Swallow_ first appeared in Sight, every one was willing to believe her a _Portuguese_, because Sugar was very much in Demand, and had made some Jarring and Dissention between the two Companies, (the _Fortune_'s People drinking Punch, when the _Ranger_'s could not) that _Roberts_, on Sight of the _Swallow_, hailed the new _Ranger_, and bid them right Ship, and get under Sail; there is, says he, Sugar in the Offing, bring it in, that we may have no more Mumbling; ordering at the same Time the Word to be pass'd among the Crew, who would go to their Assistance, and immediately the Boat was full of Men, to transport themselves.

_President._ Then every one that goes on Board of any Prize, does it voluntarily? Or were there here any other Reasons for it?

_H. Glasby._ Every Man is commonly called by List, and insists, in his Turn, to go on Board of a Prize, because they then are allowed a Shift of Cloaths, (the best they can find) over and above the Dividend from the Robbery, and this they are so far from being compelled to, that it often becomes the Occasion of Contest and Quarrel amongst them: But in the present, or such like Cases, where there appears a Prospect of Trouble, the Lazy and Timerous are often willing to decline this Turn, and yield to their Betters, who thereby establish a greater Credit.

The Prisoner, and the rest of those Men who went from the _Fortune_ on Board the _Ranger_, to assist in this Expedition, were Voluntiers, and the trustiest Men among us.

_President._ Were there no Jealousies of the _Ranger_'s leaving you in this Chace, or at any other Time, in order to surrender?

_H. Glasby._ Most of the _Ranger_'s Crew were fresh Men, Men who had been enter'd only since their being on the Coast of _Guiney_, and therefore had not so liberal a Share in fresh Provisions, or Wine, as the _Fortune_'s People, who thought they had born the Burthen and Heat of the Day, which had given Occasion indeed to some Grumblings and Whispers, as tho' they would take an Opportunity to leave us, but we never supposed (if they did) it would be with any other Design then setting up for themselves, they having (many of them) behaved with greater Severity than the old Standers.

The Prisoner appeared undaunted, and rather solicitous, about resting his Stump, than giving any Answer to the Court, or making any Defence for himself, till called upon; then he related in a careless, or rather hopeless Manner, the Circumstances of his first Entrance, being forced, he said, out of the _Blessing_ of _Lemmington_, at _Newfoundland_, about 12 Months past; this, he is sure, most of the old Pyrates knew, and that he was for some Time as sick of the Change as any Man; but Custom and ill Company had altered him, owning very frankly, that he was at the Attack, and taking of the _King Solomon_, that he did cut her Cable, and that none were forced on those Occasions.

As to the last Expedition in the _Ranger_, he confesses he went on Board of her, but that it was by _Robert_'s Order; and in the Chace loaded one Gun, to bring her to, but when he saw it was a Bite, he declared to his Comrades, that it was not worth while to resist, forbore firing, and assisted to reeve the Braces, in order, if they could, to get away, in which sort of Service he was busied, when a Shot from the Man of War took off his Leg: And being asked, that supposing the Chace had proved a _Portuguese_? Why then, says he, I dont know what I might have done, intimating withal, that every Body then would have been ready enough at plundering. _Guilty._

_Peter Scudamore._

H_Arry Glasby, Jo. Wingfield_, and _Nicholas Brattle_, depose thus much, as to his being a Voluntier with the Pyrates, from Capt. _Rolls_, at _Calabar._ First, That he quarrelled with _Moody_, (one of the Heads of the Gang) and fought with him, because he opposed his going, asking _Rolls_, in a leering manner, whether he would not be so kind, as to put him into the _Gazette_, when he came Home. And, at another Time, when he was going from the Pyrate Ship, in his Boat, a Turnado arose, _I wish_, says he, _the Rascal may be drowned, for he is a great Rogue, and has endeavoured to do me all the ill Offices he could among these Gentlemen_, (_i. e._Pyrates.)

And secondly, That he had signed the Pyrate's Articles with a great deal of Alacrity, and gloried in having been the first Surgeon that had done so, (for before this, it was their Custom to change their Surgeons, when they desired it, after having served a Time, and never obliged them to sign, but he was resolved to break thro' this, for the good of those who were to follow,) swearing immediately upon it, he was now, he hoped, as great a Rogue as any of them.

Captain _Jo. Trahern_, and _George Fenn_, his Mate, deposed, the Prisoner to have taken out of the _King Solomon_, their Surgeon's capital Instruments, some Medicines, and a Back-Gammon Table; which latter became the Means of a Quarrel between one _Wincon_, and he, whose Property they should be, and were yielded to the Prisoner.

_Jo. Sharp_, Master of the _Elizabeth_, heard the Prisoner ask _Roberts_ leave to force _Comry_, his Surgeon, from him, which was accordingly done, and with him, carried also some of the Ship's Medicines: But what gave a fuller Proof of the dishonesty of his Principles, was, the treacherous Design he had formed of running away with the Prize, in her Passage to Cape _Corso_, though he had been treated with all Humanity, and very unlike a Prisoner, on Account of his Employ and better Education, which had rendred him less to be suspected.

_Mr. Child_, (acquitted) depos'd, that in their Passage from the Island of St. _Thomas_, in the _Fortune_ Prize, this Prisoner was several Times tempting him, into Measures of rising with the Negroes, and killing the _Swallow_'s People, shewing him, how easily the white Men might be demolished, and a new Company raised at _Angola_, and that Part of the Coast, _for_, says he, _I understand how to navigate a Ship, and can soon teach you to steer; and is it not better to do this, than to go back to_ Cape-Corso, _and be hanged and Sun-dryed?_ To which the Deponent replying, he was not afraid of being hanged, _Scudamore_ bid him be still, and no Harm should come to him; but before the next Day-Evening, which was the designed Time of executing this Project, the Deponent discovered it to the Officer, and assured him, _Scudamore_ had been talking all the preceeding Night to the Negroes, in _Angolan_ Language.

_Isaac Burnet_ heard the Prisoner ask _James Harris_, a Pyrate, (left with the wounded in the Prize,) whether he was willing to come into the Project of running away with the Ship, and endeavour the raising of a new Company, but turned the Discourse to Horse-Racing, as the Deponent crept nigher; he acquainted the Officer with what he had heard, who kept the People under Arms all Night, their Apprehensions of the Negroes not being groundless; for many of them having lived a long Time in this pyratical Way, were, by the thin Commons they were now reduced to, as ripe for Mischief as any.

The Prisoner in his Defence said, he was a forced Man from Captain _Rolls_, in _October_ last, and if he had not shewn such a Concern as became him, at the Alteration, he must remark the Occasion to be, the Disagreement and Enmity between them; but that both _Roberts_, and _Val. Ashplant_, threat'ned him into signing their Articles, and that he did it in Terror.

The _King Solomon_, and _Elizabeth_ Medicine-Chest, he owns he plundered, by Order of _Hunter_, the then chief Surgeon, who, by the Pyrates Laws, always directs in this Province, and Mr. _Child_, (tho' acquitted) had by the same Orders taken out a whole _French_ Medicine-Chest, which he must be sensible for me, as well as for himself, we neither of us dared to have denied; it was their being the proper Judges, made so ungrateful an Office imposed. If after this he was elected chief Surgeon himself, both _Comry_ and _Wilson_ were set up also, and it might have been their Chance to have carried it, and as much out of their Power to have refused.

As to the Attempt of rising and running away with the Prize, he denies it altogether as untrue; a few foolish Words, but only by Way of Supposition, that if the Negroes should take it in their Heads (considering the Weakness, and ill look-out that was kept;) it would have been an easy Matter, in his Opinion for them to have done it; but that he encouraged such a Thing, was false, his talking to them in the _Angolan_ Language, was only a Way of spending his Time, and trying his Skill to tell twenty, he being incapable of further Talk. As to his understanding Navigation, he had frequently acknowledg'd it to the Deponent _Child_, and wonders he should now so circumstantiate this Skill against him. _Guilty._

_Robert Johnson._

IT appeared to the Court, that the Prisoner was one of the twenty Men, in that Boat of the Pyrates, which afterwards robb'd the _King Solomon_, at an Anchor near Cape _Appollonia_: That all Pyrates on this, and the like Service, were Voluntiers, and he, in particular, had contested his going on Board a second Time, tho' out of his Turn.

The Prisoner in his Defence, called for _Harry Glasby_, who witnessed to his being so very drunk, when he first came among their Crew, that they were forced to hoist him out of one Ship into the other, with a Tackle, and therefore without his Consent; but had since been a trusty Man, and was placed to the Helm, in that running Battle they made with the _Swallow._

He insisted for himself likewise, on Captain _Turner_'s Affidavit of his being forced, on which others (his Ship-mates) had been cleared.

The Court considering the Partiality that might be objected in acquitting one, and condemning another of the same standing, thought sit to remark it as a clear Testimony of their Integrity, that their Care and Indulgence to each Man, in allowing his particular Defence, was to exempt from the Rigour of the Law, such, who it must be allowed, would have stood too promiscuously condemned, if they had not been heard upon any other Fact than that of the _Swallow_; and herein what could better direct them, than a Character and Behaviour from their own Associates; for tho' a voluntary Entry with the Pyrates may be doubtful, yet his consequent Actions are not, and it is not so material how a Man comes among Pyrates, as how he acts when he is there. _Guilty._

_George Wilson._

J_OHN Sharp_, Master of the _Elizabeth_, in which Ship the Prisoner was Passenger, and fell a second Time into the Pyrates Hands, deposes, that he took the said _Wilson_ off from _Sestos_, on this Coast, paying to the Negroes for his Ransom, the Value of three Pound five Shillings in Goods, for which he had taken a Note, that he thought he had done a charitable Act in this, till meeting with one Captain _Canning_, he was ask'd, why he would release such a Rogue as _Wilson_ was? For that he had been a Voluntier with the Pyrates, out of _John Tarlton._ And when the Deponent came to be a Prisoner himself, he found _Thomas_, the Brother of this _John Tarlton_, a Prisoner with the Pyrates also, who was immediately on _Wilson_'s Instigation, in a most sad manner misused and beat, and had been shot, through the Fury and Rage of some of those Fellows, if the Town-side, (_i. e. Liverpool_) Men, had not hid him in a Stay-Sail, under the Bowsprit; for _Moody_ and _Harper_, with their Pistols cock'd, searched every Corner of the Ship to find him, and came to this Deponent's Hammock, whom they had like fatally to have mistaken for _Tarlton_, but on his calling out, they found their Error, and left him with this comfortable Anodyne, That he was the honest Fellow who brought the Doctor. At coming away, the Prisoner asked about his Note, whether the Pyrates had it or no? Who not being able readily to tell, he reply'd, it's no Matter Mr. _Sharp_, I believe I shall hardly ever come to _England_ to pay it.

_Adam Comry_, Surgeon of the _Elizabeth_, says, that altho' the Prisoner had, on Account of his Indisposition and Want, received many Civilities from him, before meeting with the Pyrates, he yet understood it was thro' his and _Scudamore_'s Means, that he had been compelled among them: The Prisoner was very alert and chearful, he says, at meeting with _Roberts_, hailed him, told him he was glad to see him, and would come on Board presently, borrowing of the Deponent a clean Shirt and Drawers, for his better Appearence and Reception; he signed their Articles willingly, and used Arguments with him to do the same, saying, they should make their Voyage in eight Months, to _Brasil_, Share 6 or 700 _l._ a Man, and then break up. Again, when the Crew came to an Election of a chief Surgeon, and this Deponent was set up with the others, _Wilson_ told him, he hoped he should carry it from _Scudamore_, for that a quarter Share (which they had more than others) would be worth looking after; but the Deponent missed the Preferment, by the good Will of the _Ranger_'s People, who, in general, voted for _Scudamore_, to get rid of him, (the chief Surgeon being always to remain with the Commadore.)

It appeared likewise by the Evidence of Captain _Jo. Trahern, Tho. Castel_, and others, who had been taken by the Pyrates, and thence had Opportunities of observing the Prisoners Conduct, that he seem'd thoroughly satisfy'd with that Way of Life, and was particularly intimate with _Roberts_; they often scoffing at the Mention of a Man of War, and saying, if they should meet with any of the Turnip-Man's Ships, they would blow up, and go to H--ll together. Yet setting aside these silly Freaks, to recommend himself, his Laziness had got him many Enemies, even _Roberts_ told him, (on the Complaint of a wounded Man, whom he had refused to dress) that he was a double Rogue, to be there a second Time, and threat'ned to cut his Ears off.

The Evidence further assured the Court, from Captain _Thomas Tarlton_, that the Prisoner was taken out of his Brother's Ship, some Months before, a first Time, and being forward to oblige his new Company, had presently ask'd for the Pyrates Boat, to fetch the Medicine Chest away; when the Wind and Current proving too hard to contend with, they were drove on Shore at Cape _Montzerado._

The Prisoner called for _William Darling_, and _Samuel Morwel_, (acquitted) and _Nicholas Butler._

_William Darling_ deposed, the first Time the Prisoner fell into their Hands, _Roberts_ mistook him for _Jo. Tarlton_ the Master, and being informed it was the Surgeon who came to represent him, (then indisposed,) he presently swore he should be his Mess-Mate, to which _Wilson_ reply'd, he hop'd not, he had a Wife and Child, which the other laughed at; and that he had been two Days on Board, before he went in that Boat, which was drove on Shore at Cape _Montzerado._ And at his second coming, in the _Elizabeth_, he heard _Roberts_ order he should be brought on Board in the first Boat.

_Samuel Morwel_ says, that he has heard him bewail his Condition, while on Board the Pyrate, and desired one _Thomas_, to use his Interest with _Roberts_, for a Discharge, saying, his Employ, and the little Fortune he had left at Home, would, he hop'd, exempt him the further Trouble of seeking his Bread at Sea.

_Nicholas Butler_, who had remained with the Pyrates about 48 Hours, when they took the _French_ Ships at _Whydah_, deposes, that in this Space the Prisoner addressed him in the _French_ Language, several Times, deploring the Wretchedness and ill Fortune of being confined in such Company.

The Prisoner desiring Liberty of two or three Questions, ask'd, whether or no he had not expostulated with _Roberts_, for a Reason of his obliging Surgeons to sign their Articles, when heretofore they did not; Whether he had not expressed himself glad of having formerly escaped from them? Whether he had not said, at taking the Ships in _Whydah_ Road, that he could like the Sport, were it lawful? And whether if he had not told him, should the Company discharge any Surgeon, that he would insist on it as his Turn? The Deponent answered, Yes, to every Question separately; and farther, that he believes _Scudamore_ had not seen _Wilson_ when he first came and found him out of the _Elizabeth._

He added, in his own Defence, that being Surgeon with one _John Tarlton_, of _Leverpool_, he was met a first Time on this Coast of _Guiney_, by _Roberts_ the Pyrate; who, after a Day or two, told him, to his Sorrow, that he was to stay there, and ordered him to fetch his Chest, (not Medicines, as asserted,) which Opportunity he took to make his Escape; for the Boat's Crew happening to consist of five _French_ and one _English_ Man, all as willing as himself, they agreed to push the Boat on Shore, and trust themselves with the Negroes of Cape _Montzerado_: Hazardous, not only in Respect of the dangerous Seas that run there, but the Inhumanity of the Natives, who sometimes take a liking to humane Carcasses. Here he remained five Months, till _Thomas Tarlton_, Brother to his Captain chanced to put in the Road for Trade, to whom he represented his Hardships and starving Condition; but was, in an unchristian Manner, both refused a Release of this Captivity, or so much as a small Supply of Biscuit and salt Meat, because, as he said, he had been among the Pyrates. A little Time after this, the Master of a _French_ Ship paid a Ransom for him, and took him off; but, by Reason of a nasty leperous Indisposition he had contracted by hard and bad living, was, to his great Misfortune set ashore at _Sestos_ again, when Captain _Sharp_ met him, and generously procured his Release in the Manner himself has related, and for which he stands infinitely obliged.--That ill Luck threw him a second Time into the Pyrate's Hands, in this Ship _Elizabeth_, where he met _Thomas Tarlton_, and thoughtlesly used some Reproaches of him, for his severe Treatment at _Montzerado_; but protests without Design his Words should have had so bad a Consequence; for _Roberts_ took upon him, as a Dispenser of Justice, the Correction of Mr. _Tarlton_, beating him unmercifully; and he hopes it will be belived, contrary to any Intention of his it should so happen, because as a Stranger he might be supposed to have no Influence, and believes there were some other Motives for it.--He cannot remember he expressed himself glad to see _Roberts_ this second Time, or that he dropped those Expressions about _Comry_, as are sworn; but if immaturity of Judgment had occasioned him to slip rash and inadvertent Words, or that he had paid any undue Compliments to _Roberts_, it was to ingratiate himself, as every Prisoner did, for a more civil Treatment, and in particular to procure his Discharge, which he had been promised, and was afraid would have been revoked, if such a Person as _Comry_ did not remain there to supply his Room; and of this, he said, all the Gentlemen (meaning the Pyrates) could witness for him.

He urged also his Youth in Excuse for his Rashness.--The first time he had been with them (only a Month in all,) and that in no military Employ; but in particular, the Service he had done in discovering the Design the Pyrates had to rise in their Passage on Board the _Swallow. Guilty._

* * *

But Execution respited till the King's Pleasure be known, because the Commander of the _Swallow_ had declared, the first Notice he received of this Design of the Pyrates to rise, was from him.

_Benjamin Jefferys_

BY the Depositions of _Glasby_ and _Lillburn_ (acquitted) against this Prisoner, it appeared, that his Drunkenness was what at first detained him from going away in his proper Ship, the _Norman_ Galley; and next Morning, for having been abusive in his Drink, saying to the Pyrates, there was not a Man amongst them, he received for a Welcome, six Lashes from every Person in the Ship, which disordered him for some Weeks, but on Recovery was made Boatswain's Mate; the serving of which, or any Office on Board a Pyrate, is at their own Option, (tho' elected,) because others are glad to accept what brings an additional Share in Prize.

The Deponents further say, that at _Sierraleon_ every Man had more especially the Means of escaping; and that this Prisoner, in particular, neglected it, and came off from that Place after their Ship was under Sail, and going out of the River.

The Prisoner, in his Defence, protests, he was at first forc'd; and that the Office of Boatswain's Mate was imposed on him, and what he would have been glad to have relinquish'd. That the barbarous Whipping he had received from the Pyrates at first, was for telling them, that none who could get their Bread in an honest Way, would be on such an Account. And he had certainly taken the Opportunity which presented at _Sierraleon_, of ridding himself from so distastful a Life, if there had not been three or four of the old Pyrates on Shore at the same Time, who, he imagined, must know of him, and would doubtless have served him the same, if not worse, than they since had done _William Williams_; who, for such a Design, being delivered up by the treacherous Natives, had received two Lashes thro' the whole Ship's Company.

The Court observed, the Excuses of these Pyrates, about want of Means to escape, was oftentimes as poor and evasive as their Pleas of being forced at first; for here, at _Sierraleon_, every Man had his Liberty on Shore, and it was evident, might have kept it, if he, or they, had so pleased. And such are further culpable, who having been introduced into the Society, by such uncivil Methods, as whipping, or beating, neglect less likely Means of regaining Liberty; it shews strong Inclinations to Dishonesty, and they stand inexcusably, _Guilty._

_Jo. Mansfield._

IT was proved against this Prisoner, by Captain _Trahern_ and _George Fenn_, that he was one of those Voluntiers who was at the Attack and Robbery of the Company's Ship, called the _King Solomon_: That he bully'd well among them who dar'd not make any Reply, but was very easy with his Friends, who knew him; for _Moody_, on this Occasion, took a large Glass from him, and threatned to blow his Brains out, (a favourite Phrase with these Pyrates) if he muttered at it.

From others acquitted, it likewise appeared, that he was at first a Voluntier among them, from an Island call'd _Dominico_, in the _West-Indies_, and had to recommend himself, told them, he was a Deserter from the _Rose_ Man of War, and before that, had been on the High-Way; he was always drunk, they said, and so bad at the Time they met with the _Swallow_, that he knew nothing of the Action, but came up vapouring with his Cutlash, after the _Fortune_ had struck her Colours, to know who would go on Board the Prize; and it was some Time before they could perswade him into the Truth of their Condition.

He could say little in Defence of himself, acknowledg'd this latter Part of Drunkenness; a Vice, he says, that had too great a Share in insnaring him into this Course of Life, and had been a greater Motive with him than Gold. _Guilty._

_William Davis._

W_Illiam Allen_ deposed, he knew this Prisoner at _Sierraleon_, belonging to the _Ann_ Galley; that he had a Quarrel with, and beat the Mate of that Ship, for which (as he said) being afraid to return to his Duty, he consorted to the idle Customs and Ways of living among the Negroes, from whom he received a Wife, and ungratefully sold her, one Evening, for some Punch to quench his Thirst. After this, having put himself under the Protection of Mr. _Plunket_, Governor there for the Royal _African_ Company: The Relations and Friends of the Woman, apply'd to him for Redress, who immediately surrendered the Prisoner, and told them, he did not care if they took his Head off; but the Negroes wisely judging it would not fetch so good a Price, they sold him in his Turn again to Seignior _Jossee_, a Christian Black, and Native of that Place; who expected and agreed for two Years Service from him, on Consideration of what he had disbursed, for the Redemption of the Woman: But long before the Expiration of this Time, _Roberts_ came into _Sierraleon_ River, where the Prisoner, (as Seignior _Jossee_ assured the Deponent,) entered a Voluntier with them.

The Deponent further corroborates this Part of the Evidence; in that he being obliged to call at Cape _Mount_, in his Passage down hither, met there with two Deserters from _Roberts_'s Ship, who assured him of the same; and that the Pyrates did design to turn _Davis_ away the next Opportunity, as an idle good-for-nothing Fellow.

From _Glasby_ and _Lilburn_, it was evident, that every Pyrate, while they stay'd at _Sierraleon_, went on Shore at Discretion. That _Roberts_ had often assured Mr. _Glyn_ and other Traders, at that Place, that he would force no Body; and in short, there was no Occasion for it; in particular, the Prisoner's Row-Mate went away, and thinks, he might have done the same, if he had pleased.

The Prisoner alledged his having been detained against his Will, and says, that returning with Elephants Teeth for _Sierraleon_, the Pyrate's Boat pursued and brought him on Board, where he was kept on Account of his understanding the Pilotage and Navigation of that River.

It was obvious to the Court, not only how frivolous Excuses of Constraint and Force were among these People, at their first commencing Pyrates, but also it was plain to them, from these two Deserters, met at Cape _Mount_, and the discretional Manner they lived in, at _Sierraleon_; thro' how little Difficulty several of them did, and others might, have escaped afterwards, if they could but have obtained their own Consents for it. _Guilty._

* * *

This is the Substance of the Tryals of _Roberts_'s Crew, which may suffice for others, that occur in this Book. The foregoing Lists, shews, by a * before the Names, who were condemn'd; those Names with a + were referred for Tryal to the _Marshalsea_, and all the rest were acquitted.

The following Pyrates were executed, according to their Sentence, without the Gates of Cape _Corso-Castle_, within the Flood-Marks, _viz._

Mens Names Years of Age Habitations. William Magnes 35 Minehead. Richard Hardy 25 Wales. David Sympson 36 North-Berwick. Christopher Moody 28 Thomas Sutton 23 Berwick. Valentine Ashplant 32 Minories. Peter de Vine 42 Stepney. William Philips 29 Lower-Shadwell. Philip Bill 27 St. Thomas's. William Main 28 William Mackintosh 21 Canterbury. William Williams 40 nigh Plymouth. Robert Haws 31 Yarmouth. William Petty 30 Deptford. John Jaynson 22 nigh Lancaster. Marcus Johnson 21 Smyrna. Robert Crow 44 Isle of Man. Michael Maer 41 Ghent. Daniel Harding 26 Croomsbury in Somersetshire. William Fernon 22 Somersetshire. Jo. More 19 Meer in Wiltshire. Abraham Harper 23 Bristol. Jo. Parker 22 Winfred in Dorsetshire. Jo. Philips 28 Alloway in Scotland. James Clement 20 Jersey. Peter Scvdamore 35 Bristol. James Skyrm 44 Wales. John Walden 24 Somersetshire. Jo. Stephenson 40 Whitby. Jo. Mansfield 30 Orkneys. Israel Hynde 30 Bristol. Peter Lesley 21 Aberdeen. Charles Bunce 26 Excter Robert Birtson 30 Other St. Maries Devonshire. Richard Harris 45 Cornwall. Joseph Nosuter 26 Sadbury in Devonshire. William Williams 30 Speechless at Execution. Agge Jacobson 30 Holland. Benjamin Jefferys 21 Bristol. Cuthbert Goss 21 Topsham. John Jessup 20 Plymouth. Edward Watts 22 Dunmore. Thomas Giles 26 Mine-head. William Wood 27 York. Thomas Armstrong 34 London, executed on board the Weymouth. Robert Johnson 32 at Whydah. George Smith 25 Wales. William Watts 23 Ireland. James Philips 35 Antegoa. John Coleman 24 Wales. Robert Hays 20 Liverpool. William Davis 23 Wales.

The Remainder of the Pyrates, whose Names are under mentioned, upon their humble Petition to the Court, had their Sentence changed from Death, to seven Years Servitude, conformable to our Sentence of Transportation; the Petition is as follows.

* * *

_To the Honourable the President and Judges of the Court of Admiralty, for trying of Pyrates, sitting at_ Cape Corso-Castle; _the_ 20_th Day of_ April, 1722.