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 mizzen 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 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, , and called for quarters; it proving to be a French built ship of 32 guns, called the Ranger.
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 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 volunteers, 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 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.
| * Mich. Mare | in the Rover | 5 years ago |
| * Chris. Moody | under Davis | |
| * Mar. Johnson | a Dutch Ship | |
| * James Philips | The Revenge Pirate sloop | |
| * David Sympson, | Pirates with Davis | |
| * Tho. Sutton | ||
| * Hag. Jacobson | a Dutch Ship | |
| * W. Williams 1 | Sadbury Captain Thomas Newfoundland |
|
| * Wm. Fernon | ||
| * W. Willams 2 | ||
| * Roger Scot | ||
| * Tho. Owen | York of Bristol | |
| * Wm. Taylor | ||
| * Joseph Nositer | Expedition of Topsham | |
| * John Parker | Willing Mind of Poole | |
| * Robert Crow | Happy Return Sloop | |
| * George Smith | Mary and Martha | |
| * Ja. Clements | Success sloop | |
| * John Walden | Blessing of Lymington | |
| * Jo. Mansfield | from Martinique | |
| † James Harris | Richard Pink | |
| * John Philips | a fishing boat | |
| Harry Glasby | Samuel Capt. Cary | |
| Hugh Menzies | ||
| * Wm. Magnes | ||
| * Joseph Moor | May Flower sloop | |
| † John du Frock | Loyd Gally Capt. Hingstone |
|
| Wm. Champnies | ||
| George Danson | ||
| † Isaac Russel | ||
| Robert Lilbourn | Jeremiah and Ann, Capt. Turner |
|
| * Robert Johnson | ||
| Wm. Darling | ||
| † Wm. Mead | ||
| Thomas Diggles | Christopher Snow | |
| * Ben. Jefferys | 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 |
|
| * Peter Lesley | ||
| * John Jessup 1 | ||
| Thomas Watkins | ||
| * Philip Bill | ||
| * Jo. Stephenson | ||
| * James Cromby | ||
| Thomas Garrat | ||
| † George Ogle | ||
| Roger Gorsuch | ||
| John Watson | Martha Snow | |
| William Child | ||
| * John Griffin | Mercy Gally at Calabar |
|
| * Pet. Scudamore | ||
| Christ. Granger | Cornwall Galley at Calabar |
|
| Nicho. Brattle | ||
| James White | ||
| Tho. Davis | ||
| Tho. Sever | ||
| * Rob. Bevins | ||
| * T. Oughterlauney | ||
| * David Rice | ||
| * Rob. Haws | Joceline Capt. Loane | |
| Hugh Riddle | Diligence Boat | |
| Stephen Thomas | ||
| * John Lane | King Solomon | |
| * Sam. Fletcher | ||
| * Wm. Philips | ||
| Jacob Johnson | ||
| * John King | ||
| Benjamin Par | Robinson Capt. Kanning | |
| William May | Elizabeth Capt. Sharp |
|
| Ed. Thornden | ||
| * George Wilson | Tarlton of Liverpool at Cape Lahou |
|
| * Robert Hays | ||
| Thomas Roberts | Charlton Capt. Allwright | |
| John Richards | ||
| John Cane | ||
| Richard Wood | Porcupine Capt. Fletcher Whydah Road |
|
| Richard Scot | ||
| Wm. Davison | ||
| Sam. Morwell | ||
| Edward Evans | ||
| * John Jessup 2 | surrender’d up at Prince’s | — |
You, Harry Glasby, William Davison, William
