Chapter XVIII (5)

*Hugh Harris _Willing Mind_ ⎫
*W. Mackintosh ⎪
Thomas Willis _Richard_ of Bideford ⎬ 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 _Anne_ Ap., 1720
*Wm. Shurin ⎭

*Wm. Wats ⎫ _Sirraleon_ ⎫ of Mr. Glin of ⎫ July, 1721
*Wm. Davis ⎭ ⎭ Seig. Joffeé ⎭

+James Barrow ⎫ _Martha_ snow, Capt. Lady
*Joshua Lee ⎭

Rob. Hartley (1) ⎫ _Robinson_ of Liverpool, Aug., 1721
+James Crane ⎭ Capt. Kanning

George Smithson ⎫ _Stanwich_ galley, Captain ⎫
Roger Pye ⎬ Tarlton ⎬ Aug., 1721
+Rob. Fletcher ⎪ ⎪
*Ro. Hartley (2) ⎭ ⎭

+Andrew Rance A Dutch ship

*Cuthbert Goss ⎫ _Mercy_ galley of Bristol, ⎫
*Tho. Giles ⎬ at Callibar ⎬ Oct., 1721
*Israel Hynde ⎭ ⎭

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 Jaquix ⎬ Jan., 1721-2
William Glass ⎭ ⎪
⎪
Josiah Robinson ⎫ ⎪
John Arnaught ⎪ ⎪
John Davis ⎪ ⎪
+Henry Graves ⎬ _Tarton_, 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 ⎪
*Wm. Wood ⎪ Cestos ⎬ Jan., 1721-2
*Ed. Watts ⎪ ⎪
*John Horn ⎭ ⎭

Pierre Ravon _Peter Grossey_ ⎫
John Dugan _Rence Frogier_ ⎪
James Ardeon _Lewis Arnaus_ ⎪ From the
Etrion 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.

“Ye, 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 an 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 at 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 traitors and
pirates, for the unlawful opposition ye made to his
Majesty’s ship, the _Swallow_, under his command.

“For that on the 5th of February last past, upon sight of
the aforesaid King’s ship, ye did immediately weigh anchor
from under Cape Lopez, on the southern coast of Africa, in a
French-built ship of thirty-two 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
pirates.

“That about ten o’clock of the same morning, drawing within
gunshot of his Majesty’s aforesaid ship, the _Swallow_, ye
hoisted a piratical black flag, and fired several
chase-guns, to deter, as much as you were able, his
Majesty’s servants from their duty.

“That an hour after this, being very nigh to the aforesaid
King’s ship, you 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,
you 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 Maclaughlin, mate, desiring them to view the prisoners, whether they knew them, and to give an account in what manner they had attacked 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 pirate 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 pirate, his consort, and a French ship they knew had been lately carried out of Whydah road.

The King’s ship was obliged to haul 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 chase 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 pirate ship came within gunshot, and fired four chase-guns, hoisted a black flag at the mizen-peak and got their spritsail yard under their bowsprit for boarding. In half an hour more, approaching still nigher, they starboarded their helm and gave her a broadside, the pirate bringing-to and returning the same.

After this, the deponents say, their fire grew slack for some time, because the pirate was shot so far ahead 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 hauled 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 maintopmast.

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 quarter; 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 pirate 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 piratical articles, and shared in their plunder, some few only excepted who had been there too short a time, but that neither in this signing or sharing, nor in the resistance that had been made against his Majesty’s ship, had they been volunteers, but had acted in these several parts from a terror of death, which, by a law amongst them, was to be the portion of those who refused. The court then asked, 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 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 volunteers 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 volunteers; 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 pirates taken out of the _Royal Fortune_:--

MEN’S NAMES. SHIPS FROM. TIME WHEN.

*Mich. Mare in the _Rover_ 5 years ago
*Chris. Moody under Davis 1718
*Mar. Johnson a Dutch ship 1718
*James Philips the _Revenge_, pirate sloop 1717

*David Symson ⎫ Pirates with Davis
*Tho. Sutton ⎭

*Hag. Jacobson a Dutch ship 1719

*W. Williams (1) ⎫
*Wm. Fernon ⎬ _Sudbury_, Captain Thomas, ⎫
*W. Williams (2) ⎪ Newfoundland ⎭ June, 1720
*Roger Scot ⎭

*Tho. Owen ⎫ ⎫
*Wm. Taylor ⎭ _York_ of Bristol ⎬ 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 ⎫
Hugh Menzies ⎭ _Samuel_, Capt. Cary July, 1720
*Wm. Magnus
*Joseph Moor _May Flower_ sloop Feb., 1720
+John du Frock ⎫
Wm. Champnies ⎪
George Danson ⎬ _Lloyd_ galley, Captain ⎫
+Isaac Russel ⎭ Hyngston ⎭ May, 1721
Robert Lilbourn ⎫
*Robert Johnson ⎬ _Jeremiah_ and _Ann_, Capt. ⎫ April, 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 ⎬ April, 1721
*John Coleman _Adventure_ sloop ⎪
*Charles Bunce a Dutch galley ⎪
*R. Armstrong ditto run from the _Swallow_ ⎭

*Abra. Harper ⎫
*Peter Lesly ⎪
*John Jessup (1) ⎪
Tho. Watkins ⎪
*Philip Bill ⎬ _Onslow_, Capt. Gee at Sestos May, 1721
*Jo. Stephenson ⎪
*James Cromby ⎪
Thomas Garrat ⎪
+George Ogle ⎭

Roger Gorsuch ⎫
John Watson ⎭ _Martha_ snow Aug., 1721

William Child ⎫
*John Griffin ⎬ _Mercy_ galley at Callabar Oct., 1721
*Pet. Scudamore ⎭

Christ. Granger ⎫
Nicho. Brattle ⎪
James White ⎪
Tho. Davis ⎬ _Cornwall_ galley at Callabar Oct., 1721
Tho. Sever ⎪
*Rob. Bevins ⎪
*T. Oughterlaney ⎪
*David Rice ⎭

*Rob. Haws _Joceline_, Capt. Loane ditto.

Hugh Riddle ⎫ _Diligence_ boat Jan., 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 ⎭ ⎪
⎬ ditto.
*George Wilson ⎫ ⎪
Edward Tarlton ⎬ _Tarlton_ of Liverpool at ⎪
*Robert Hays ⎭ Cape La Hou ⎭

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) surrendered up at Princes

“You, Harry Glasby, William Davison, William Champnies.
Samuel Morwell, &c.

“Ye, 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 traitors, robbers,
pirates, and common enemies to mankind.

“For that on the 10th of February last, in a ship ye were
possessed of, called the _Royal Fortune_, of forty 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 will, but was
done also under a black flag, flagrantly by that donoting
yourselves common robbers and traitors, opposers and
violaters of the laws.

“And lastly, that in this resistance, ye were all of you
volunteers, and did, as such, contribute your utmost
efforts, and 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 pirate ships, _Royal Fortune_ or _Ranger_, and verily believe them to be those taken out of the _Royal Fortune_.

That the prisoners were possessed of a ship of forty guns, called the _Royal Fortune_, and were at anchor under Cape Lopez, on the coast of Africa, with two others, when his Majesty’s ship the _Swallow_ (to which the deponents belonged, 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 pirates; and being at length little more than cannon-shot from them, they found she slipped her cable and got under sail.

At eleven, the pirate was within pistol-shot, abreast 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 displayed the King’s colours, giving her at the same time their broadside, which was immediately returned.

The pirate’s mizen-topmast fell and some of her rigging was torn, yet she still outsailed 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 below the parrel.

At two, she struck her colours, and called for quarter, proving to be a ship, formerly called the _Onflow_, 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, belonged 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 replies were much the same with the other prisoners: that they were forced 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 threatened, and, they were persuaded would, have shot them on refusal.

The court, to dispense equal justice, mercifully resolved for these, as they had done for the other pirate crew--that further evidence should be heard against each man singly, to the two points, of being a volunteer at first, and to their particular acts of piracy 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, Registrar.

_Wm. Magnes, Tho. Oughterlauney, Wm. Main, Wm. Mackintosh,
Val. Ashplant, John Walden, Israel Hind, Marcus Johnson,
Wm. Petty, Wm. Fernon, Abraham Harvey, 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 pirate, 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 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, quartermaster of the pirate 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 pirate 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 Commodore Roberts’s stern (I suppose to know what orders there were concerning her). So far particularly. In the general, sir, they were very outrageous 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 pirate boat was dispatched for this attempt.

Tho. Castel: I was a prisoner, sir, with the pirates 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 hectored 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 seemed to be a trial of their valour, backward and fearful.

President: So that Roberts forced ye upon this attack.

Prisoners: Roberts commanded us into the boat, and the quartermaster 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 quartermaster as were every day commanding them on distasteful services?

Here succeeded a silence among the prisoners, but at length Fernon very honestly owned that he did not give his vote to Magnes, but to David Sympson (the old quartermaster), “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.”

_William 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 eighteen Frenchmen._

The four first of these prisoners, it was evident to the court, served as music on board the pirate, 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 pirate, only from Whydah to Cape Lopez, and no capture or robbery done by them in that time. And the Frenchmen 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 quartered nor suffered to carry arms. So that the court immediately acquiesced in acquitting them.

_Tho. Sutton, David Simpson, Christopher Moody, Phil. Bill, R.
Hardy, Hen. Dennis, David Rice, Wm. Williams, R. Harris,
George Smith, Ed. Watts, Jo. Mitchell, and James Barrow._

The evidence against these prisoners were Grata 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 pirates.

The former deposed that all these prisoners (excepting Hardy) were on board at the robbery and plunder of their ships, behaving in a vile, outrageous 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 saucy 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 called it), and could carry an authority over others. The former said, particularly of Hardy (quartermaster 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 chosen 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. Simpson_, _Wm. Magnes_, _R. Hardy_, _Thomas Sutton_, _Christopher Moody_, and _Valentine Ashplant_.

To whom the President spoke to the following purpose: “The crime of piracy, 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 surprise in remote and distant parts, ye do in wantonness of power often add cruelty to theft.

“Pirates, unmoved at distress or poverty, not only spoil and rob, but do it from men needy, and who are purchasing their livelihoods through hazards and difficulties, which ought rather to move compassion; and what is still worse, do often, by persuasion 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 piracy, 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 though little has, or possibly could, have been said in excuse or extenuation of your crimes, yet charity make 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:--

“You, _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.

“Pursuant 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 2nd day of April, 1722.
“MUNGO HEARDMAN.
“To Joseph Gordyn, provost-marshal.
“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 pirate’s boat.

When the boat drew nigh (they say) it was judged from the number of men in her that they were pirates, and being hailed, answered, “Defiance”; at which the commander snatched a musket 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 pirates returning a volley, and crying out they would give no quarter if any resistance was made, this prisoner took upon him to call out for quarter 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 volunteer 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 volunteer with the pirates. 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 availed him nothing.

The court observed the pretences of this and other of the pirates, 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 newspaper or affidavit. And the pirates 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 dependence 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 pirate 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 showed 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 showed 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 persuasion, 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_, strengthened the evidence of the last witness; for having heard a good character of this Glasby, she inquired of the quartermaster, 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 pirates’ hands, that the good usage they had met with was chiefly through the prisoner’s means, who often interposed for leaving sufficient stores and instruments on board the ships they had robbed, alleging they were superfluous and unnecessary there.

James White, whose business was music, and was on the poop of the pirate 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 sentinels 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 pirates 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 inquired 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 pirates’ 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 overboard. Seven days afterwards, upon his objecting against, and refusing to sign, their Articles, he was cut and abused again; that though 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 pirates 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 charged 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 though 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 pirates 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 although 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 called the _Greyhound_, of St. Christopher’s, October, 1720. The pirate 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 passed 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 alleged, but more especially the circumstance of losing his leg, were aggravations of his fault, showing 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, piratically assailed and took their ship, and was remarkably busy at mischief, having a pole-axe in his hand, which served him instead of a key to all the locked doors and boxes he came nigh. Also in particular he cut the cable of our ship, when the other pirates were willing and busied at heaving up the anchor, saying, “Captain, what signifies this trouble of 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 amongst the pirates mostly by the nick-name of Miss Nanny (ironically it is presumed from the hardness of his temper). That he was one of the twenty who voluntarily came on board the _Ranger_ in the chase 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 pirate, 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 him 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 passed 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 on his turn to go on board of a prize, because they then are allowed a shift of clothes (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 the timorous are often willing to decline this turn and yield to their betters, who thereby establish a greater reputation. The prisoner, and those men who went from the _Fortune_ on board the _Ranger_ to assist in this expedition were volunteers, and the trustiest men among us.

President: Were there no jealousies of the _Ranger’s_ leaving you in this chase, or at any other time, in order to surrender?

H. Glasby: Most of the _Ranger’s_ crew were fresh men, men who had been entered only since their being on the coast of Guinea, and therefore had not so liberal a share in fresh provisions or wine as the _Fortune’s_ people, who thought they had borne the burthen and heat of the day, which had given occasion indeed to some grumblings and whispers, as though 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 twelve months past; this, he is sure, most of the old pirates 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 Roberts’s order, and in the chase 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, forebore 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 chase had proved a Portuguese? “Why then,” says he, “I don’t know what I might have done,” intimating withal that everybody then would have been ready enough at plundering. Guilty.

_Peter Scudamore._

Harry Glasby, Jo. Wingfield, and Nicholas Brattle, depose thus much as to his being a volunteer with the pirates from Captain 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 pirate ship in his boat a tornado 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._, pirates).

And secondly, that he had signed the pirates’ 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 through 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 backgammon 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 rendered him less to be suspected.

Mr. Child (acquitted) deposed 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, showing 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-dried?” 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, this deponent discovered it to the officer, and assured him Scudamore had been talking all the preceding night to the negroes in Angolan language.

Isaac Burnet heard the prisoner ask James Harris, a pirate (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 piratical 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 shown 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 threatened him into signing their Articles, and that he did it in terror.

The _King Solomon_ and _Elizabeth_ medicine-chests he owns he plundered by order of Hunter, the then chief surgeon, who, by the pirates’ laws, always directs in this province, and Mr. Child (though 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 acknowledged 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 pirates which afterwards robbed the _King Solomon_ at an anchor near Cape Appollonia. That all pirates on this and the like service were volunteers, and he, in particular, had contested his going on board a second time, though 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 shipmates) had been cleared.

The court considering the partiality that might be objected in acquitting one and condemning another of the same standing, thought fit 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 though a voluntary entry with the pirates may be doubtful, yet his consequent actions are not, and it is not so material how a man comes among pirates as how he acts when he is there. Guilty.

_George Wilson._

John Sharp, master of the _Elizabeth_, in which ship the prisoner was passenger, and fell a second time into the pirates’ 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 asked why he would release such a rogue as Wilson was? for that he had been a volunteer with the pirates 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 pirates 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 staysail under the bowsprit, for Moody and Harper with their pistols cocked searched every corner of the ship to find him, and came to the 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 pirates had it or no? Who not being able readily to tell, he replied, “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 although the prisoner had, on account of his indisposition and want, received many civilities from him before meeting with the pirates, he yet understood it was through his and Scudamore’s means that he had been compelled among them. The prisoner was very alert and cheerful, 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 appearance 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 Brazil, share six or seven hundred pounds 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 would 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 commodore.