by Daniel Defoe
A Combination and Conspiracy was formed, betwixt Moody, Ashplant, Magnes, Mare, and others, to rise, and kill the Officers, and run away with the Ship. This they had carried on by Means of a Mulatto Boy, who was allow’d to attend them, and proved very trusty in his Messages, between the Principals; but the Evening of that Night they were to have made this Struggle, two of the Prisoners that sat next to Ashplant, heard the Boy whisper them upon the Project, and naming to him the Hour they should be ready, presently gave Notice of it to the Captain, which put the Ship in an Alarm, for a little Time; and, on Examination, several of them had made shift to break off, or lose, their Shackles, (no doubt for such Purpose;) but it tended only to procure to themselves worse Usage and Confinement.
In the same Passage to Cape Corso, the Prize, Royal Fortune, was in the same Danger. She was left at the Island of St. Thomas’s, in the Possession of an Officer, and a few Men, to take in some fresh Provisions, (which were scarce at Cape Corso) with Orders to follow the Ship. There were only some of the Pyrates Negroes, three or four wounded Prisoners, and Scudamore, their Surgeon; from whom they seemed to be under no Apprehension, especially from the last, who might have hoped for Favour, on Account of his Employ; and had stood so much indebted for his Liberty, eating and drinking constantly with the Officer; yet this Fellow, regardless of the Favour, and lost to all Sense of Reformation, endeavoured to bring over the Negroes to his Design of murdering the People, and running away with the Ship. He easily prevailed with the Negroes to come into the Design; but when he came to communicate it to his Fellow Prisoners, and would have drawn them into the same Measures, by telling them, he understood Navigation, that the Negroes were stout Fellows, and by a Smattering he had in the Angolan Language, he had found willing to undertake such an Enterprize; and that it was better venturing to do this, run down the Coast, and raise a new Company, than to proceed to Cape Corso, and be hanged like a Dog, and Sun dry’d. One of them abhorring the Cruelty, or fearing the Success, discovered it to the Officer, who made him immediately a Prisoner, and brought the Ship safe.
When they came to be lodg’d in Cape Corso-Castle, their Hopes of this kind all cut off, and that they were assured they must there soon receive a final Sentence; the Note was changed among most of them, and from vain insolent jesting, they became serious and devout, begging for good Books, and joyning in publick Prayers, and singing of Psalms, twice at least every Day.
As to their Tryals, if we should give them at length, it may appear tedious to the Reader, for which Reason, I have, for the avoiding Tautology and Repetition, put as many of them together as were try’d for the same Fact, reserving the Circumstances which are most material, with Observations on the dying Behaviour of such of them, as came to my Knowledge.
And first, it may be observed from the List, that a great Part of these Pyrate Ships Crews, were Men entered on the Coast of Africa, not many Months before they were taken; from whence, it may be concluded, that the pretended Constraint of Roberts, on them, was very often a Complotment between Parties equally willing: And this Roberts several Times openly declared, particularly to the Onslow’s People, whom he called aft, and ask’d of them, who was willing to go, for he would force no Body? As was deposed, by some of his best Hands, after Acquittal; nor is it reasonable to think, he should reject Irish Voluntiers, only from a Pique against Kennedy, and force others, that might hazard, and, in Time, destroy his Government: But their Behaviour soon put him out of this Fear, and convinc’d him, that the Plea of Force was only the best Artifice they had to shelter themselves under, in Case they should be taken; and that they were less Rogues than others, only in Point of Time.
It may likewise be taken Notice of, that the Country, wherein they happened to be tried, is among other Happinesses, exempted from Lawyers, and Law-Books, so that the Office of Register, of necessity fell on one, not versed in those Affairs, which might justify the Court in want of Form, more essentially supply’d with Integrity and Impartiality.
But, perhaps, if there was less Law, there might be more Justice, than in some other Courts; for, if the civil Law be a Law of universal Reason, judging of the Rectitude, or Obliquity of Mens Actions, every Man of common Sense is endued with a Portion of it, at least sufficient to make him distinguish Right from Wrong, or what the Civilians call, Malum in se.
Therefore, here, if two Persons were equally Guilty of the same Fact, there was no convicting one, and bringing the other off, by any Quirk, or turn of Law; for they form’d their Judgments upon the Constraint, or Willingness, the Aim, and Intention of the Parties, and all other Circumstances, which make a material Difference. Besides, in Crimes of this Nature, Men bred up to the Sea, must be more knowing, and much abler, than others more learned in the Law; for, before a Man can have a right Idea of a Thing, he must know the Terms standing for that Thing: The Sea-Terms being a Language by it self, which no Lawyer can be supposed to understand, he must of Consequence want that discriminating Faculty, which should direct him to judge right of the Facts meant by those Terms.
The Court well knew, it was not possible to get the Evidence of every Sufferer by this Crew, and therefore, first of all, considered how that Deficiency should be supplied; whether, or no, they could pardon one Jo. Dennis, who had early offered himself, as King’s Evidence, and was the best read in their Lives and Conversations: Here indeed, they were at a Loss for Law, and concluded in the Negative, because it look’d like compounding with a Man to swear falsly, losing by it, those great Helps he could have afforded.
Another great Difficulty in their Proceedings, was, how to understand those Words in the Act of Parliament, of, particularly specifying in the Charge, the Circumstances of Time, Place, &c. i. e. so to understand them, as to be able to hold a Court; for if they had been indicted on particular Robberies, the Evidence had happened mostly from the Royal African Company’s Ships, on which these Gentlemen of Cape-Corso-Castle, were not qualify’d to sit, their Oath running, That they have no Interest directly, or indirectly, in the Ship, or Goods, for the Robbery of which, the Party stands accused: And this they thought they had, Commissions being paid them, on such Goods: And on the other Side, if they were incapacitated, no Court could be formed, the Commission absolutely requiring three of them by Name.
To reconcile all Things, therefore, the Court resolved, to bottom the whole of their Proceedings on the Swallow’s Depositions, which were clear and plain, and had the Circumstance of Time when, Place where, Manner how, and the like, particularly specified according to the Statute in that Case made, and provided. But this admitted only a general Intimation of Robbery in the Indictment, therefore to approve their Clemency, it looking Arbitrary on the Lives of Men, to lump them to the Gallows, in such a summary Way as must have been done, had they solely adhered to the Swallow’s Charge, they resolved to come to particular Tryals.
Secondly, That the Prisoners might not be ignorant whereon to answer, and so have all fair Advantages, to excuse and defend themselves; the Court farther agreed with Justice and Equanimity, to hear any Evidence that could be brought, to weaken or corroborate the three Circumstances that compleat a Pyrate; first, being a Voluntier amongst them at the Beginning; secondly, being a Voluntier at the taking or robbing of any Ship; or lastly, voluntarily accepting a Share in the Booty of those that did; for by a Parity of Reason, where these Actions were of their own disposing, and yet committed by them, it must be believed their Hearts and Hands joyned together, in what they acted against his Majesty’s Ship the Swallow.
The TRYALS of the PYRATES,
Taken by his Majesty’s Ship the Swallow, begun at Cape Corso-Castle, on the Coast of Africa, March the 28th, 1722.
THE Commission impowered any three named therein, to call to their Assistance, such a Number of qualified Persons as might make the Court always consist of seven: And accordingly Summons were signed to Lieut. Jo. Barnsley, Lieut. Ch. Fanshaw, Capt. Samuel Hartsease, and Capt. William Menzies, viz.
BY Virtue of a Power and Authority, to
us given, by a Commission from the King, under the Seal of Admiralty, You are hereby required to attend, and make one of the Court, for the trying and adjudging of the Pyrates, lately taken on this Coast, by his Majesty’s Ship the Swallow.
Given under our Hands this 28th of March,
1722, at Cape Carso-Castle.
Mungo Heardman,
James Phips,
Henry Dodson,
Francis Boy,
Edward Hide.
The Commissioners being met in the Hall of the Castle, the Commission was first read, after which, the President, and then the other Members, took the Oath, prescribed in the Act of Parliament, and having directed the Form of that for Witnesses, as follows, the Court was opened.
I, A. B. solemnly promise and swear on the Holy Evangelists, to bear true and faithful Witness between the King and Prisoner, or Prisoners, in Relation to the Fact, or Facts, of Pyracy and Robbery, he or they do now stand accused of. So help me God.
The Court consisted of Captain Mungo Heardman, President. James Phips, Esq; General of the Coast, Mr. H. Dodson, Mer. Mr. F. Boye, Mer. Mr. Edward Hyde, Secretary to the Company. Lieut. John Barnsley, Lieut. Ch. Fanshaw.
The following Prisoners, out of the Pyrate Ship Ranger, having been commanded before them, the Charge, or Indictment, was exhibited.
Prisoners taken in the Ranger.
Mens Names.
Ships from
Time when.
* James Skyrm
Greyhound Sloop
Oct. 1720
* Rich. Hardy
Pyrate with Davis
1718
* Wm. Main
Brigantine Capt. Peet
June 1720
* Henry Dennis
Pyrates with Capt. Davis
1718
* Val. Ashplant
1719
* Rob. Birdson
1719
* Rich. Harris
Phoenix of Bristol, Capt. Richards
June 1720
* D. Littlejohn
* Thomas How
at Newfoundland
† Her. Hunkins
Success Sloop
* Hugh Harris
Willing Mind
July 1720
* W. Mackintosh
Thomas Wills
Richard of Biddiford
† John Wilden
Mary and Martha
* Ja. Greenham
Little York, Phillips Mr.
* John Jaynson
Love of Lancaster
† Chri. Lang
Thomas Brigantine
Sept. 1720
* John Mitchel
Norman Galley
Oct. 1720
T. Withstandenot
Peter la Fever
Jeremiah and Ann
Ap. 1720
* Wm. Shurin
* Wm. Wats
Sierraleon of Mr. Glin
July 1721
* Wm. Davis
Sierraleon of Seig. Josseé
† James Barrow
Martha Snow Capt Lady
* Joshua Lee
Rob. Hartley (1)
Robinson of Leverpole Capt. Kanning
Aug. 1721
† James Crane
George Smithson
Stanwich Galley Captain Tarlton
Aug. 1721
Roger Pye
† Rob. Fletcher
* Ro. Hartley (2)
† Andrew Rance
A Dutch Ship
* Cuthbert Goss
Mercy Galley of Bristol at Callibar
Oct. 1721
* Tho. Giles
* Israel Hynde
William Church
Gertruycht of Holland
Jan. 172½
Philip Haak
Flushingham of ditto
William Smith
Elizabeth Capt. Sharp
Adam Comry
William Graves
* Peter de Vine
King Solomon Capt. Trehern off Cape Appollonia
John Johnson
John Stodgill
Henry Dawson
Whydah Sloop at Jaquin
William Glass
Josiah Robinson
John Arnaught
John Davis
† Henry Graves
Tarlton Capt. Tho. Tarlton,
Tho. Howard
† John Rimer
Thomas Clephen
Wm. Guineys
Porcupine Capt. Fletcher
† James Cosins
Tho. Stretton
Onslow Capt. Gee at Cestos
Jan. 172½
* William Petty
Mic. Lemmon
* Wm. Wood
* Ed. Watts
* John Horn
Pierre Ravon
Peter Grossey
From the French Ship in Whydah Road Feb. 1721-2.
John Dugan
Rence Frogier
James Ardeon
Lewis Arnaut
Ettrien Gilliot
Rence Thoby
Ren. Marraud
Meth Roulac
John Gittin
John Gumar
Jo. Richardeau
John Paquete
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 open Contempt of the Laws of your Country, ye have all of you been wickedly united, and articled together, for the Annoyance and Disturbance of his Majesty’s trading Subjects by Sea. And have in Conformity to the most evil and mischievous Intentions, been twice down the Coast of Africa, with two Ships; once in the Beginning of August, and a second Time, in January last, sinking, burning, or robbing such Ships, and Vessels, as then happened in your Way.
Particularly, ye stand charged at the Instance, and Information of Captain Chaloner Ogle, as Traytors and Pyrates, for the unlawful Opposition ye made to his Majesty’s Ship, the Swallow, under his Command.
For that on the 5th of February last past, upon Sight of the aforesaid King’s Ship, ye did immediately weigh Anchor from under Cape Lopez, on the Southern Coast of Africa, in a French built Ship of 32 Guns, called the Ranger, and did pursue and chase the aforesaid King’s Ship, with such Dispatch and Precipitancy, as declared ye common Robbers and Pyrates.
That about Ten of the Clock the same Morning, drawing within Gun-shot of his Majesty’s aforesaid Ship the Swallow, ye hoisted a pyratical black Flag, and fired several chace Guns, to deter, as much as ye were able, his Majesty’s Servants from their Duty.
That an Hour after this, being very nigh to the aforesaid King’s Ship, ye did audaciously continue in a hostile Defence and Assault, for about two Hours more, in open Violation of the Laws, and in Defiance to the King’s Colours and Commission.
And lastly, that in the acting, and compassing of all this, ye were all, and every one of you, in a wicked Combination, voluntarily to exert, and actually did, in your several Stations, use your utmost Endeavours to distress the said King’s Ship, and murder his Majesty’s good Subjects.
To which they severally pleaded, Not Guilty.
Then the Court called for the Officers of the Swallow, Mr. Isaac Sun, Lieutenant, Ralph Baldrick, Boatswain, Daniel Maclauglin, Mate, desiring them to view the Prisoners, whether they knew them? And to give an Account in what Manner they had attack’d and fought the King’s Ship; and they agreed as follows.
That they had viewed all the Prisoners, as they stood now before the Court, and were assured they were the same taken out of one, or other, of the Pyrate Ships, Royal Fortune, or Ranger; but verily believe them to be taken out of the Ranger.
That they did in the King’s Ship, at break of Day, on Monday, the 5th of February, 1721-2, discover three Ships at Anchor, un
der Cape Lopez, on the Southern Coast of Africa; the Cape bearing then W. S. W. about three Leagues, and perceiving one of them to have a Pendant flying, and having heard their Morning-Gun before, they immediately suspected them to be Roberts the Pyrate, his consort, and a French Ship, they knew had been lately carried out of Whydah Road.
The King’s Ship was obliged to hawl off N. W. and W. N. W. to avoid a Sand, called, the French Man’s Bank, the Wind then at S. S. E. and found in half an Hour’s time, one of the three had got under Sail from the Careen, and was bending her Sails, in a Chace towards them. To encourage this Rashness and Precipitancy, they kept away before the Wind, (as though afraid,) but with their Tacks on Board, their Main-Yard braced, and making, at the same Time, very bad Steerage.
