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 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 yourselves common robbers and traitors, opposers and violators of the laws.
And lastly, that in this resistance, ye were all of you volunteers, 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 pirate 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 : 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 random 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 display’d 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 gunshot 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 , his mainmast came down, having received a shot a little below the parrel.
At 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.
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 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.
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 last their ship riding at anchor
