IX: Of Captain Bartho. Roberts, and His Crew

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 Apollonia, the 6th of January last, by the pirates’ 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 quarters if any resistance was made; this prisoner took upon him to call out for quarters, without the master’s consent, and misled 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 avail’d 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.

There appearing several persons in Court, who had been taken by Roberts’ 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, everyone 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 show’d 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, strengthen’d the evidence of the last witness; for having heard a good character of this Glasby, she enquired 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 thro’ 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 hotheaded 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 enquired 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 abus’d 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 charg’d 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.

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 call’d the Greyhound, of St. Christopher’s, Oct. 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 past 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 preeminence, 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.

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 poleaxe in his hand, which served him instead of a key, to all the lock’d doors and boxes he come 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 yo-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 among the pirates mostly, by the nickname of Miss Nanney (ironically it’s 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, everyone 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 them 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 pass’d among the crew, who would go to their assistance, and immediately the boat was full of men, to transport themselves.

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 12 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 Robert’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, forbore 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 dont know what I might have done, intimating withal, that everybody then would have been ready enough at plundering. Guilty.

Harry Glasby, Jo. Wingfield, and Nicholas Brattle, depose thus much, as to his being a volunteer with the pirates, from Capt. 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 pirate’s 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 thro’ 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 rendred him less to be suspected.

Child, (acquitted) depos’d, 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-dryed? 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, the 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, threat’ned him into signing their articles, and that he did it in terror.

The King Solomon, and Elizabeth medicine chest, 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 lookout 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 acknowledg’d it to the deponent child, and wonders he should now so circumstantiate this skill against him. Guilty.

It appeared to the Court, that the prisoner was one of the twenty men, in that boat of the pirates, which afterwards robb’d the King Solomon, at an anchor near Cape Apollonia: 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 sit 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.

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 ask’d, 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 cock’d, searched every corner of the ship to find him, and came to this 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 reply’d, 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 thro’ 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 6 or 700 £ 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 should 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 goodwill 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.)

It appeared likewise by the evidence of Captain Jo. Trahern, Tho. Castel, and others, who had been taken by the pirates, and thence had opportunities of observing the prisoners’ conduct, that he seem’d thoroughly satisfy’d with that way of life, and was particularly intimate with Roberts; they often scoffing at the mention of a man-of-war, and saying, if they should meet with any of the turnip-man’s ships, they would blow up, and go to H—ll together. Yet setting aside these silly freaks, to recommend himself, his laziness had got him many enemies, even Roberts told him, (on the complaint of a wounded man, whom he had refused to dress) that he was a double rogue, to be there a second time, and threat’ned to cut his ears off.

The evidence further assured the court, from Captain Thomas Tarlton, that the prisoner was taken out of his brother’s ship, some months before, a first time, and being forward to oblige his new company, had presently ask’d for the pirates’ boat, to fetch the medicine chest away; when the wind and current proving too hard to contend with, they were drove onshore at Cape Montserrado.

The prisoner called for William Darling, and Samuel Morwell, (acquitted) and Nicholas Butler.

William Darling deposed, the first time the prisoner fell into their hands, Roberts mistook him for Jo. Tarlton the Master, and being informed it was the surgeon who came to represent him, (then indisposed,) he presently swore he should be his messmate, to which Wilson reply’d, he hop’d not, he had a wife and child, which the other laughed at; and that he had been two days on board, before he went in that boat, which was drove onshore at Cape Montserrado. And at his second coming, in the Elizabeth, he heard Roberts order he should be brought on board in the first boat.

Samuel Morwell says, that he has heard him bewail his condition, while on board the pirate, and desired one Thomas, to use his interest with Roberts, for a discharge, saying, his employ, and the little fortune he had left at home, would, he hop’d, exempt him the further trouble of seeking his bread at sea.

Nicholas Butler, who had remained with the pirates about 48 hours, when they took the French ships at Whydah, deposes, that in this space the prisoner addressed him in the French language, several times, deploring the wretchedness and ill fortune of being confined in such company.

The prisoner desiring liberty of two or three questions, ask’d, whether or no he had not expostulated with Roberts, for a reason of his obliging surgeons to sign their articles, when heretofore they did not; whether he had not expressed himself glad of having formerly escaped from them? Whether he had not said, at taking the ships in Whydah Road, that he could like the sport, were it lawful? And whether if he had not told him, should the company discharge any surgeon, that he would insist on it as his turn? The deponent answered, yes, to every question separately; and further, that he believes Scudamore had not seen Wilson when he first came and found him out of the Elizabeth.

He added, in his own defence, that being surgeon with one John Tarlton, of Liverpool, he was met a first time on this coast of Guinea, by Roberts the pirate; who, after a day or two, told him, to his sorrow, that he was to stay there, and ordered him to fetch his chest, (not medicines, as asserted,) which opportunity he took to make his escape; for the boat’s crew happening to consist of five French and one Englishman, all as willing as himself, they agreed to push the boat onshore, and trust themselves with the Negroes of Cape Montserrado: hazardous, not only in respect of the dangerous seas that run there, but the inhumanity of the natives, who sometimes take a liking to humane carcasses. Here he remained five months, till Thomas Tarlton, brother to his captain chanced to put in the road for trade, to whom he represented his hardships and starving condition; but was, in an unchristian manner, both refused a release of this captivity, or so much as a small supply of biscuit and salt meat, because, as he said, he had been among the pirates. A little time after this, the master of a French ship paid a ransom for him, and took him off; but, by reason of a nasty leperous indisposition he had contracted by hard and bad living, was, to his great misfortune set ashore at Sestos again, when Captain Sharp met him, and generously procured his release in the manner himself has related, and for which he stands infinitely obliged.—That ill luck threw him a second time into the pirate’s hands, in this ship Elizabeth, where he met Thomas Tarlton, and thoughtlessly used some reproaches of him, for his severe treatment at Montserrado; but protests without design his words should have had so bad a consequence; for Roberts took upon him, as a dispenser of justice, the correction of Mr. Tarlton, beating him unmercifully; and he hopes it will be believed, contrary to any intention of his it should so happen, because as a stranger he might be supposed to have no influence, and believes there were some other motives for it.—He cannot remember he expressed himself glad to see Roberts this second time, or that he dropped those expressions about Comry, as are sworn; but if immaturity of judgment had occasioned him to slip rash and inadvertent words, or that he had paid any undue compliments to Roberts, it was to ingratiate himself, as every prisoner did, for a more civil treatment, and in particular to procure his discharge, which he had been promised, and was afraid would have been revoked, if such a person as Comry did not remain there to supply his room; and of this, he said, all the gentlemen (meaning the pirates) could witness for him.

He urged also his youth in excuse for his rashness.—The first time he had been with them (only a month in all,) and that in no military employ; but in particular, the service he had done in discovering the design the pirates had to rise in their passage on board the Swallow. Guilty.

But execution respited till the King’s pleasure be known, because the commander of the Swallow had declared, the first notice he received of this design of the pirates to rise, was from him.

By the depositions of Glasby and Lilbourn (acquitted) against this prisoner, it appeared, that his drunkenness was what at first detained him from going away in his proper ship, the Norman galley; and next morning, for having been abusive in his drink, saying to the pirates, there was not a man amongst them, he received for a welcome, six lashes from every person in the ship, which disordered him for some weeks, but on recovery was made boatswain’s mate; the serving of which, or any office on board a pirate, is at their own option, (though elected,) because others are glad to accept what brings an additional share in prize.

The deponents further say, that at Sierra Leone every man had more especially the means of escaping; and that this prisoner, in particular, neglected it, and came off from that place after their ship was under sail, and going out of the river.

The prisoner, in his defence, protests, he was at first forc’d; and that the office of boatswain’s mate was imposed on him, and what he would have been glad to have relinquish’d. That the barbarous whipping he had received from the pirates at first, was for telling them, that none who could get their bread in an honest way, would be on such an account. And he had certainly taken the opportunity which presented at Sierra Leone, of ridding himself from so distasteful a life, if there had not been three or four of the old pirates onshore at the same time, who, he imagined, must know of him, and would doubtless have served him the same, if not worse, than they since had done William Williams; who, for such a design, being delivered up by the treacherous natives, had received two lashes thro’ the whole ship’s company.

The court observed, the excuses of these pirates, about want of means to escape, was oftentimes as poor and evasive as their pleas of being forced at first; for here, at Sierra Leone, every man had his liberty onshore, and it was evident, might have kept it, if he, or they, had so pleased. And such are further culpable, who having been introduced into the society, by such uncivil methods, as whipping, or beating, neglect less likely means of regaining liberty; it shows strong inclinations to dishonesty, and they stand inexcusably, Guilty.

It was proved against this prisoner, by Captain Trahern and George Fenn, that he was one of those volunteers who was at the attack and robbery of the company’s ship, called the King Solomon: that he bully’d well among them who dar’d not make any reply, but was very easy with his friends, who knew him; for Moody, on this occasion, took a large glass from him, and threatened to blow his brains out, (a favourite phrase with these pirates) if he muttered at it.

From others acquitted, it likewise appeared, that he was at first a volunteer among them, from an island call’d Dominica, in the West Indies, and had to recommend himself, told them, he was a deserter from the Rose man-of-war, and before that, had been on the highway; he was always drunk, they said, and so bad at the time they met with the Swallow, that he knew nothing of the action, but came up vapouring with his cutlash, after the Fortune had struck her colours, to know who would go on board the prize; and it was some time before they could persuade him into the truth of their condition.

He could say little in defence of himself, acknowledg’d this latter part of drunkenness; a vice, he says, that had too great a share in ensnaring him into this course of life, and had been a greater motive with him than gold. Guilty.

William Allen deposed, he knew this prisoner at Sierra Leone, belonging to the Ann galley; that he had a quarrel with, and beat the mate of that ship, for which (as he said) being afraid to return to his duty, he consorted to the idle customs and ways of living among the Negroes, from whom he received a wife, and ungratefully sold her, one evening, for some punch to quench his thirst. After this, having put himself under the protection of Mr. Plunket, governor there for the Royal African Company: the relations and friends of the woman, apply’d to him for redress, who immediately surrendered the prisoner, and told them, he did not care if they took his head off; but the Negroes wisely judging it would not fetch so good a price, they sold him in his turn again to Seignior Jossee, a Christian black, and native of that place; who expected and agreed for two years service from him, on consideration of what he had disbursed, for the redemption of the woman: but long before the expiration of this time, Roberts came into Sierra Leone River, where the prisoner, (as Seignior Jossee assured the deponent,) entered a volunteer with them.

The deponent further corroborates this part of the evidence; in that he being obliged to call at Cape Mount, in his passage down hither, met there with two deserters from Roberts’ ship, who assured him of the same; and that the pirates did design to turn Davis away the next opportunity, as an idle good-for-nothing fellow.

From Glasby and Lilbourn, it was evident, that every pirate, while they stay’d at Sierra Leone, went onshore at discretion. That Roberts had often assured Mr. Glyn and other traders, at that place, that he would force nobody; and in short, there was no occasion for it; in particular, the prisoner’s rowmate went away, and thinks, he might have done the same, if he had pleased.

The prisoner alleged his having been detained against his will, and says, that returning with elephants’ teeth for Sierra Leone, the pirate’s boat pursued and brought him on board, where he was kept on account of his understanding the pilotage and navigation of that river.

It was obvious to the Court, not only how frivolous excuses of constraint and force were among these people, at their first commencing pirates, but also it was plain to them, from these two deserters, met at Cape Mount, and the discretional manner they lived in, at Sierra Leone; thro’ how little difficulty several of them did, and others might, have escaped afterwards, if they could but have obtained their own consents for it. Guilty.

That the petitioners have leave by this court of admiralty, to interchange indentures with the captain general of the Gold Coast, for the Royal African Company, for seven years servitude, at any of the Royal African Company’s settlements in Africa, in such manner as he the said captain general shall think proper.

On Thursday the 26th day of April, the indentures being all drawn out, according to the grant made to the petitioners, by the court held on Friday the 20th of this instant; each prisoner was sent for up, signed, sealed and exchanged them in the presence of

• Thomas How of Barnstable, in the county of Devon.

• Samuel Fletcher Samuel Fletcher of East Smithfield, London.

• John Lane of Lombard Street, London.

• David Littlejohn of Bristol.

• John King of Shadwell Parish, London.

• Henry Dennis of Biddiford.

• Hugh Harris of Corf Castle, Devonshire.

• William Taylor of Bristol.

• Thomas Owen of Bristol.

• John Mitchell of Shadwell Parish, London.

• Joshua Lee of Liverpool.

• William Shurin of Wapping Parish, London.

• Robert Hartley of Liverpool.

• John Griffin of Blackwall, Middlesex.

• James Cromby of London, Wapping.

• James Greenham of Marshfield, Gloucestershire.

• John Horn of St. James’ Parish, London.

• John Jessup of Wisbich, Cambridgeshire.

• David Rice of Bristol.