by Daniel Defoe
About half an Hour after Ten, in the Morning, the Pyrate Ship came within Gun-shot, and fired four Chace Guns, hoisted a black Flag at the Mizen-Peek, and got their Sprit-sail Yard under their Bowsprit, for boarding. In half an Hour more, approaching still nigher, they Starboarded their Helm, and gave her a Broadside, the Pyrate bringing to, and returning the same.
After this, the Deponents say, their Fire grew slack for some Time, because the Pyrate was shot so far a Head on the Weather-Bow, that few of their Guns could Point to her; yet in this Interval their black Flag was either Shot away, or hawled down a little Space, and hoisted again.
At length, by their ill Steerage, and Favour of the Wind, they came near, a second Time; and about Two in the Afternoon shot away their Main-topmast.
The Colours they fought under, besides a black Flag, were a red English Ensign, a King’s Jack, and a Dutch Pendant, which they struck at, or about, Three in the Afternoon, and called for Quarters; it proving to be a French built Ship of 32 Guns, called the Ranger.
Isaac Sun,
Ralph Baldrick,
Daniel Maclauglin.
When the Evidence had been heard, the Prisoners were called upon to answer, how they came on Board this Pyrate Ship; and their Reason for so audacious a Resistance, as had been made against the King’s Ship.
To this, each, in his Reply, owned himself to be one of those taken out of the Ranger; that he had signed their pyratical Articles, and shared in their Plunder, some few only accepted, who had been there too short a Time. But that neither in this signing, or sharing, nor in the Resistance had been made against his Majesty’s Ship, had they been Voluntiers, but had acted in these several Parts, from a Terror of Death; which a Law amongst them, was to be the Portion of those who refused. The Court then ask’d, who made those Laws? How those Guns came to be fired? Or why they had not deserted their Stations, and mutinied, when so fair a Prospect of Redemption offered? They replied still, with the same Answers, and could extenuate their Crimes, with no other Plea, than being forced Men. Wherefore the Court were of Opinion, that the Indictment, as it charged them with an unlawful Attack and Resistance of the King’s Ship, was sufficiently proved; but then it being undeniably evident, that many of these Prisoners had been forced, and some of them of very short standing, they did, on mature Deliberation, come to this merciful Resolution;
That they would hear further Evidence for, or against, each Person singly, in Relation to those Parts of the Indictment, which declared them Voluntiers, or charged them with aiding and assisting, at the burning, sinking, or robbing of other Ships; for if they acted, or assisted, in any Robberies or Devastations, it would be a Conviction they were Voluntiers; here such Evidence, though it might want the Form, still carried the Reason of the Law with it.
The Charge was exhibited also against the following Pyrates taken out of the Royal Fortune.
* Mich. Mare
in the Rover 5 Years ago
* Chris. Moody
under Davis
1718.
* Mar. Johnson
a Dutch Ship
1718.
* James Philips
the RevengePyrate Sloop
1717.
* David Symson
Pyrates with Davis
* Tho. Sutton
* Hag. Jacobson
a Dutch Ship
1719
* W. Williams 1
Sadbury Captain Thomas Newfoundland
June 1720
* Wm. Fernon
* W. Willams 2
* Roger Scot
* Tho. Owen
York of Bristol
May 1720.
* Wm. Taylor
* Joseph Nositer
Expedition of Topsham
* John Parker
Willing Mind of Pool
July 1720.
* Robert Crow
Happy Return Sloop
* George Smith
Mary and Martha
* Ja. Clements
Success Sloop
* John Walden
Blessing of Lymington
* Jo. Mansfield
from Martinico
† James Harris
Richard Pink
* John Philips
a fishing Boat
Harry Glasby
Samuel Capt. Cary.
July 1720.
Hugh Menzies
* Wm. Magnus
* Joseph Moor
May Flower Sloop
Feb. 1720.
† John du Frock
Loyd Gally Capt. Hyngston
May 1721.
Wm. Champnies
George Danson
† Isaac Russel
Robert Lilbourn
Jeremiah and Ann, Capt. Turner
Ap. 1721.
* Robert Johnson
Wm. Darling
† Wm. Mead
Thomas Diggles
Christopher Snow
Ap. 1721.
* Ben. Jeffreys
Norman Galley
John Francia
a Sloop at St. Nicholas
* D. Harding
a Dutch Ship
* John Coleman
Adventure Sloop
* Charles Bunce
a Dutch Galley
* R. Armstrong
ditto run from the Swallow
* Abra. Harper
Onslow Capt. Gee at Sestos,
May 1721.
* Peter Lesley
* John Jessup 1
Thomas Watkins
* Philip Bill
* Jo. Stephenson
* James Cromby
Thomas Garrat
† George Ogle
Roger Gorsuch
Martha Snow
Au. 1721.
John Watson
William Child
Mercy Gally at Callabar
Oct. 1721.
* John Griffin
* Pet. Scudamore
Christ. Granger
Cornwall Galley at Callabar
ditto.
Nicho. Brattle
James White
Tho. Davis
Tho. Sever
* Rob. Bevins
* T. Oughterlaney
* David Rice
* Rob. Haws
Joceline Capt. Loane
Oct. 1721.
Hugh Riddle
Diligence Boat
Ja. 1721.
Stephen Thomas
* John Lane
King Solomon
ditto.
* Sam. Fletcher
* Wm. Philips
Jacob Johnson
* John King
Benjamin Par
Robinson Capt. Kanning
ditto.
William May
Elizabeth Capt. Sharp
ditto.
Ed. Thornden
* George Wilson
Tarlton of Leverpool at Cape la Hou
Edward Tarlton
* Robert Hays
Thomas Roberts
Charlton Capt. Allwright
Feb. 1721.
John Richards
John Cane
Richard Wood
Porcupine Capt. Fletcher Whydah Road
Feb. 1721.
Richard Scot
Wm. Davison
Sam. Morwell
Edward Evans
* John Jessup 2
surrender'd 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 Coa
st of Africa, once in August, and a second Time in January last, spoiling and destroying many Goods and Vessels of his Majesty’s Subjects, and other trading Nations.
Particularly ye stand indicted at the Information and Instance of Captain Chaloner Ogle, as Traytors, Robbers, Pyrates, and common Enemies to Mankind.
For that on the 10th of February last, in a Ship ye were possess’d of called the Royal Fortune, of 40 Guns, ye did maintain a hostile Defence and Resistance for some Hours, against his Majesty’s Ship the Swallow, nigh Cape Lopez Bay, on the Southern Coast of Africa.
That this Fight and insolent Resistance against the King’s Ship, was made, not only without any Pretence of Authority, more than that of your own private depraved Wills, but was done also under a black Flag, flagrantly by that, denoting your selves common Robbers and Traitors, Opposers and Violators of the Laws.
And lastly, that in this Resistance, ye were all of you Voluntiers, and did, as such, contribute your utmost Efforts, for disabling and distressing the aforesaid King’s Ship, and deterring his Majesty’s Servants therein, from their Duty.
To which they severally pleaded, Not Guilty.
Whereupon the Officers of his Majesty’s Ship, the Swallow, were called again, and testified as follows.
That they had seen all the Prisoners now before the Court, and knew them to be the same which were taken out of one or other of the Pyrate Ships, Royal Fortune or Ranger, and verily believe them to be those taken out of the Royal Fortune.
That the Prisoners were possess’d of a Ship of 40 Guns, called the Royal Fortune, and were at an Anchor under Cape Lopez, on the Coast of Africa, with two others: When his Majesty’s Ship the Swallow, (to which the Deponents belong’d, and were Officers,) stood in for the Place, on Saturday the 10th of February 1721-2: The largest had a Jack, Ensign and Pendant flying, (being this Royal Fortune,) who on Sight of them, had their Boats passing and repassing, from the other two, which they supposed to be with Men: The Wind not favouring the aforesaid King’s Ship, she was obliged to make two Trips to gain nigh enough the Wind, to fetch in with the Pyrates; and being at length little more than random Shot from them, they found she slipped her Cable, and got under Sail.
At Eleven, the Pyrate was within Pistol-Shot, a Breast of them, with a black Flag, and Pendant hoisted at their Main-topmast Head. The Deponents say, they then struck the French Ensign that had continued hoisted at their Staff all the Morning till then; and display’d the King’s Colours, giving her, at the same Time, their Broadside, which was immediately returned.
The Pyrate’s Mizen-topmast fell, and some of her Rigging was torn, yet she still out sailed the Man of War, and slid half Gun-Shot from them, while they continued to fire without Intermission, and the other to return such Guns as could be brought to bear, till by favour of the Winds, they were advanced very nigh again; and after exchanging a few more Shot, about half an Hour past one, his Main-Mast came down, having received a Shot a little below the Parrel.
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.
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 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.
