‘ByVirtue of a Commission from his most sacred Majesty KingGeorge, King ofGreat-Britain,&c.to be Governor,&c.of these Islands, thereby empowering me to authorize, commissionate, and constitute all Judges, Justices and Magistrates in these Islands,&c.as also by Virtue of my Commission, to be Vice-Admiral of these Islands, have Power and Authority to authorize and empower, constitute and commissionate, proper Judges and Commissioners, for the trying, determining, adjudging, and condemning, of all or any Pyrate or Pyrates taken, apprehended, and brought into this Government; and in Confidence of the Loyalty, Prudence, and Integrity of you the aforesaidWilliam Fairfax, Esq; CaptainRobert Beauchamps,Thomas Walker, Esq; CaptainWingate Gale,Nathaniel Taylor, Esq; CaptainJosias Burgiss, and CaptainPeter Courant, I do by Virtue of these Presents, authorize, commissionate, and appoint you Deputy, Judges, and Commissioners of the said Especial Court, by these Presents erected and appointed to be, and set in the City ofNassau, onTuesdaythe 9th of this Instant, to examine, hear, try, judge, determine, and condemn, all such Pyrate or Pyrates who are now in Custody, and to be brought before the said Court, to be tryed for the Offences of Pyracy by them lately committedin and about these Islands, and to proceed as my Assistants, and as Commissioners aforesaid, according to the Laws ofEngland, and Rules of the said Court in such Cases; and for your so doing, this shall be your sufficient Commission and Authority.Given under my Hand and Seal atNassau, this fifth Day ofDecember,Anno Regni quintoGeorgiiRegisMagnæ Britanniæ,&c.Annoq;Domini, 1718.WOODES ROGERS.’
‘ByVirtue of a Commission from his most sacred Majesty KingGeorge, King ofGreat-Britain,&c.to be Governor,&c.of these Islands, thereby empowering me to authorize, commissionate, and constitute all Judges, Justices and Magistrates in these Islands,&c.as also by Virtue of my Commission, to be Vice-Admiral of these Islands, have Power and Authority to authorize and empower, constitute and commissionate, proper Judges and Commissioners, for the trying, determining, adjudging, and condemning, of all or any Pyrate or Pyrates taken, apprehended, and brought into this Government; and in Confidence of the Loyalty, Prudence, and Integrity of you the aforesaidWilliam Fairfax, Esq; CaptainRobert Beauchamps,Thomas Walker, Esq; CaptainWingate Gale,Nathaniel Taylor, Esq; CaptainJosias Burgiss, and CaptainPeter Courant, I do by Virtue of these Presents, authorize, commissionate, and appoint you Deputy, Judges, and Commissioners of the said Especial Court, by these Presents erected and appointed to be, and set in the City ofNassau, onTuesdaythe 9th of this Instant, to examine, hear, try, judge, determine, and condemn, all such Pyrate or Pyrates who are now in Custody, and to be brought before the said Court, to be tryed for the Offences of Pyracy by them lately committedin and about these Islands, and to proceed as my Assistants, and as Commissioners aforesaid, according to the Laws ofEngland, and Rules of the said Court in such Cases; and for your so doing, this shall be your sufficient Commission and Authority.
Given under my Hand and Seal atNassau, this fifth Day ofDecember,Anno Regni quintoGeorgiiRegisMagnæ Britanniæ,&c.Annoq;Domini, 1718.
WOODES ROGERS.’
New Providence, ss. Chief of theBahama Islands.
Atan especial Admiralty Sessions, held in his Majesty’s Guard-Room in the City ofNassau, onTuesdaythe 9th, andWednesdaythe 10th ofDecember, 1718.
Before his ExcellencyWoodes Rogers, Esq; Governor, and Vice-Admiral,&c.
Will. Fairfax, Esq; Judge of theAdmiralty.Robert Beauchamp, Esq;Thomas Walker, Esq;CaptainWingate Gale.Nathaniel Taylor, Esq;CaptainJosias Burgiss.CaptainPeter Courant.
Will. Fairfax, Esq; Judge of theAdmiralty.Robert Beauchamp, Esq;Thomas Walker, Esq;CaptainWingate Gale.Nathaniel Taylor, Esq;CaptainJosias Burgiss.CaptainPeter Courant.
Proclamation being made as usual, the Register opened and read the Governor’s especial Commission, for erecting this Court according to the Intent and Meaning of a late Act of Parliament, Entitled,An Act for the more effectual Suppression of Pyracy, by Virtue of which said Commission, the seven afore-named Commissioners are appointed Assistant Judges, for the hearing, trying, judging, and condemning the several Persons now in Custody, who stand committed for Mutiny, Felony, and Pyracy.
Proclamation being again made, that all Persons concern’d or summon’d, and required to appear at this Court, do give their due Attendance.
Ordered, That the Prisoners be brought to the Bar, which being done, they were called by their respective Names, viz.John Augur,Will. Cunningham,John Hipps,Dennis Mackarthy,George Rounsivel,Will. Dowling,Will. Lewis,Thomas Morris,George Bendall, andWill. Ling.
Ordered, That the afore-named Prisoners, now at the Bar, do all hold up their Hands.
Ordered, That the Accusation against the Prisoners be read, which was as follows.
New Providence, ss.
TheArticles and Accusations againstJohn Augur, late Master of the SloopMary, ofProvidence;William Cunningham, Gunner and Mariner, on board the Schooner, called theBatchelors Adventure;Henry White, Master,John Hipps, Boatswain and Mariner, on board the SloopLancaster;William Greenaway, Master,Dennis Mackarthy, Mariner, on board theScooner,William Dowling, Mariner, on board the saidScooner;William Lewis, Mariner, on board the SloopMary;Tho. Morris, Mariner, on board the saidScooner;George Bendall, Mariner, on board the said SloopLancaster, andWilliam Ling, Mariner, on board the saidScooner.
You the saidJohn Augur,Will. Cunningham,John Hipps,Dennis Mackarthy,George Rounsivel,William Dowling,William Lewis,Thomas Morris,George Bendall, andWilliam Ling, having all of you lately received the Benefit of his Majesty’s most gracious Pardon, for your former Offences and Acts of Robbery and Pyracy, and having since taken the Oaths of Allegiance to his most sacred Majesty KingGeorge, and thereupon Trust has been reposedin you the saidJohn Augur, and in the others of you, lawful Employments been bestow’d to divert you all from your former and unlawful Courses of Life, and to enable and support you all in just and lawful Ways of Living; and you not having the Fear of God before your Eyes, nor any Regard to your Oaths of Allegiance taken to your Sovereign, nor to the Performance of Loyalty, Truth, and Justice: But, being instigated and deluded by the Devil, to return to your former unlawful evil Courses, of Robbery and Pyracy, and that youJohn Augur,Will. Cunningham,John Hipps,Dennis Mackarthy,George Rounsivel,Will. Dowling,Will. Lewis,Tho. Morris,Geo. Bendall, andWill. Ling, late Master and Mariners aforesaid, did on the 6th Day ofOctoberlast, about Seven in that Evening, in the 5th Year of the Reign of our Sovereign LordGeorge, by the Grace of God, King ofGreat Britain, &c. plot and combine together, at a desolate Island, calledGreen Key, within the Jurisdiction of this Vice-Admiralty, to mutiny and feloniously and pyratically steal, take, and carry away, from the Commanders and Owners of the afore-named Vessels, the said Sloops and Cargoes, Tackle, Apparel, and Furniture, to the Value of above 900 l. current Money of these Islands, and by Force cause to be put ashore on the said desolate Island, one Mr.James Kerr, Merchant, and sundry others with him; and the saidJohn Augur, as then Commander of one of the said Sloops, did proceed as Commander of the said Pyrates from the said Island ofGreen KeytoExuma, whereby, by Virtue of a Commission, directed to CaptainJohn Cockremand CaptainBenjamin Hornigold, you the saidJohn Augur, and the rest of your pyratical Company, were there taken and apprehended as Pyrates, and thereupon brought into this Port, to be proceeded against according to Law.
The Prisoners holding up their Hands, and the Accusation being read, all the said Prisoners were asked by the Register, Whether Guilty, or, Not Guilty; and they pleaded Not Guilty.
Ordered, That the Evidence for the King be severally sworn and examined.
The Examination ofJames Kerr, Gent. upon Oath saith, That he being Supercargo in Trust, and outward bound fromProvidence, a trading Voyage in the SloopMary, and in about two Days Sail from the said Island, did arrive atGreen Keywith two other Vessels in Company, bound also on the said trading Account, where, on the 6th ofOctoberlast, onePhineas Bunce, one of the said Vessel’s Company, and the head Mutineer of the Pyrates now at the Bar, but since deceas’d, did then and there come on board the said SloopMary, and very vilely treat this Deponent, and in the Evening did turn the Deponent ashore upon the saidGreen Key, a desolate Island; and this Deponent farther saith, thatDennis Mackarthy, one of the Prisoners now at the Bar, was the only Person of all the said Pyrates and Mutineers who shew’d this Deponent any civil Treatment, and that the saidMackarthydid not reflect on the King and Government as others of them now at the Bar did, in this Deponent’s Hearing.
The Examination of CaptainWilliam Greenawayupon Oath saith, That on the 6th ofOctoberlastJohn Hipps, one of the Prisoners now at the Bar, with some others of them, came on board the Vessel under this Deponent’s Command, and then riding atGreen Key, with Pretensions of getting Tobacco, and told this Deponent, that Mr.Kerrhad a Mind to sail that Night; and this Deponent having order’d his Boat to go on board the Scooner, then belonging to the said Company, to give them Notice of the saidKerr’s Design; in which Interim came on boardJohn AugurandGeorge Rounsivel, both Prisoners now at the Bar,James MatthewsandJohn Johnson, who wanted this Deponent to go on board the Scooner, which he did, wherePhineas Bunce, since dead, met this Deponent at the Side; upon which, this Deponent demanded of the saidBunce, the Reason he did not prepare for sailing, as the rest did. WhereuponBunce, the head Mutineer, asked this Deponent to walk down into the Cabbin, and, when there,Bunceasked him to sit down by him; whereupon the saidBuncetold this Deponent, he was his Prisoner; upon which,Dennis Macarthey, now Prisoner at the Bar, presented a Pistol at this Deponent’s Breast, and told him, if he spoke a Word, he, this Deponent, was a dead Man; and the saidPhineas Buncetold this Deponent, he had best be easy, for that the better Part of the People belonging to the SloopMarywas on his Side, as were some of the People he had with him. And then the saidPhineas Bunce, with others, the Mutineers, went on board the SloopMary, and took her. But this Deponent cannot particularize the Names of the Men who were withBunce, being Night-time. Afterwards the saidBunce, and the Prisoners now at the Bar, exceptJohn Hipps, put Mr.James Kerr,Richard Turnly,Thomas Rich,John Taylor, andJohn Cox, all ashore atGreen Key, a desolate Island, and had the Boat ready prepared to carry this Deponent ashore also; butBuncehereupon declared, that this Deponent, being aBermudian, would swim aboard again, and therefore confin’d this Deponent a Prisoner, and plundered his Vessel, leaving him not wherewithal to proceed any where,but a small Quantity of Flower and Beef, obliging this Deponent not to sail fromGreen Keyin 24 Hours after his Departure; but this Deponent did sail the next Morning forProvidence, and, in his Way, fell in Sight of the said Mutineers and Pyrates, of whom the Prisoners at the Bar were some, who gave Chase. Whereupon this Deponent went back toGreen Key, and took to the Shore, where he saw the Pyrates and said Mutineers cut away the Mast of this Deponent’s Vessel, and then were coming on Shore, as this Deponent apprehended, to take his Person. Whereupon this Deponent made his Escape to hide himself from them upon the saidKey. Then the People who were left on board this Deponent’s Vessel, coming ashore, told this Deponent, that the Pyrates had scuttled her, turn’d the Yawl adrift, and fromGreen Keythe said Pyrates proceeded toStockingIsland, where meeting theSpaniards, the Pyrates were themselves taken, and put ashore.
The Examination ofJohn Taylorupon Oath saith, That all the Prisoners at the Bar, exceptJohn Hipps, did join withBunce, the Mutineer; and thatBunceand two more, whom the Deponent knew not, being Night, took the Vessel he belong’d to; and further saith, ThatJohn Hippswas at first confined with the saidGreenawaybyBunce.
The Examination ofRichard Turnlyupon Oath saith, That on the 6th ofOctoberlast,Buncethe head Mutineer and two others, namingWilliam DowlingandThomas Morris, Prisoners at the Bar, did come on board the SloopMaryatGreen Key, and ask’d Mr.Kerrand this Deponent for a Bottle of Beer, which was given them, and afterwards a Second, and theycommanded a third; and then with the Men, belonging to the said SloopMary, took up Arms, and took Mr.Kerr,Thomas Cox, and this Deponent Prisoners, and forced them to go on Shore atGreen Key, a desolate Island, about 25 Leagues distant fromProvidence.
The Examination ofJohn Coxupon Oath saith, That he being on board the SloopMary, of whichJohn Augurwent out ofProvidenceMaster: The saidJohn Augurcame on board his said Sloop in the Evening of the 6th Day ofOctoberlast, and lay down as if he designed to sleep. Soon after, Capt.Greenaway, Master of the SloopLancaster, came on board, and ask’d the saidAugur, if he intended to set Sail? He answer’d, he could not tell; thereupon CaptainGreenawaywent on board the Scooner, call’d theBatchelor’s Adventure,Henry White, Master, and in about half an Hour afterwards, came on board another Boat withJohn Hipps,Greenaway’s Boatswain, to enquire for CaptainGreenaway; and in a little Time after,Phineas Buncecame on board the SloopMaryfrom theScoonerwith 2 or 3 Men more.Bunceask’d for CaptainAugur, and whether they had any Thing to drink, and coming to Mr.Kerr, ask’d him for a Bottle of Beer, which Mr.Kerrgave him; then the saidBuncewent into the Cabbin, and brought up a Cutlash, and stood at the Cabbin-Door to drink, and swore that he was Captain of that Vessel, and would be so, which made CaptainAugurask him his Meaning; but presently the saidBunceandAugurseem’d to be good Friends, andBunceask’d for another Bottle of Beer, then struck Mr.Kerrwith a Cutlash on his Back, and turn’d him and others ashore; and this Deponent well knew all the several Prisoners at the Bar, exceptHippsthe Boatswain, and that all the rest wereAiders, Assistants, and Abettors to the Mutiny, Felony, and Pyracy, committed upon the Vessels and Cargoes atGreen Key.
The Examination ofThomas Richupon Oath saith, That he knows the several Prisoners at the Bar; and that they all, exceptHipps, were the Actors of the Mutiny and Pyracy, committed upon the Vessels and Cargoes atGreen Key; and this Deponent was taken by them in theMarySloop, and put ashore with Mr.Kerrand the other Evidences for the King.
The Examination ofThomas Pettyupon Oath saith, That he sawHippsbeat byBunce, and believes he was forced to go with him; and thatBuncewould have forc’d this Deponent also; butDennis Mackarthy, Prisoner at the Bar, said ifBunceforc’d the Deponent, he the said Prisoner would leaveBunceand his Company.
And then the Court adjourn’d till 3 a-Clock in the Afternoon.
The Court being met according to Adjournment, and all the Evidences for the King being called and examined, then the Prisoners at the Bar were severally called, to know what Defence each had to make,viz.
John Augurbeing first called to make Defence for himself, saith no other than that he was in Liquor, and knew not ofPhineas Buncehis Design, when the saidBunceenter’d on board the SloopMary, whereof the Prisoner was Master; but could call no Evidence to prove himself not guilty.
William Cunninghambeing next called and examined said, That he was asleep whenBuncewent on board theScooner(to which the Prisoner belong’d) atGreen Key, and thatBuncebrought the said Prisoner Punch, and told him, that he the Prisoner must either join him the saidBunce, or be put upon aMoroon Key,aliasa desolate Key.
John Hipps, Prisoner, said in his Defence, that he did not in any wise enter withBunceand his Company; but went on board the aforesaidScooner, to enquire forWilliam Greenawayhis Captain, where he was immediately confined byBunce, together withGreenaway, and afterwards put on Shore with Mr.Kerrand others, whereBuncebeat the said Prisoner, and compell’d him at length to joinBunce, but nevertheless declared his Intention to leave the saidBunceand Company on the first Opportunity, and desired Mr.Kerr, CaptainGreenaway,Richard Turnly,Thomas Terrell,Benjamin Hutchins,John Taylor,John Janson,Thomas PettyandDavid Meredith, might be examin’d for him.
Mr.James Kerrbeing sworn as Evidence for the Prisoner declared, ThatBunceused much threatning Language againstJohn Hipps, Prisoner, that if he did not join him the saidBunceand pyratical Company, and go with them into a Boat, provided on Purpose to carry the Pyrates to their Rendezvous,Hippsshould repent the Refusal; and farther says, that he saw or knew of no Blows given to compel the Prisoner to assist or join the said Pyrates, but that the Prisoner afterwards accepted the Office and Command of Boatswain to the said pyratical Company.
CaptainGreenawaybeing sworn for the Prisoner says, that the Prisoner went with him on boardtheScooner, and was in the Cabbin with him, and made Prisoner with him on board the saidScooner, where the Prisoner made Proposal to the Deponent to surprizeDennis Mackarthy, Prisoner at the Bar, then a Centinel upon Deck, and throw the saidMackarthyover-board; but the Deponent seeing no Probability of escaping the Rest, advised the Prisoner to keep his Mind to himself, till he could have a better Opportunity; and farther saith, that the Prisoner was put ashore with Mr.Kerr, &c.
Richard Turnlybeing sworn for the Prisoner deposed, That to the best of his Knowledge and Remembrance, the Prisoner was forc’d to accept of any Duty the saidBunceand Company put upon him, if the Command of Words be allowed by the Court sufficient to excuse him; but he never sawBunce, or any of the rest of the Pyrates, use Blows to force him to join them.
Thomas Terrell, Inhabitant, being sworn, gave the Prisoner the Character of being an honest Man, who was recommended to him byThomas Bowling, Master of the SloopSarah, belonging to the saidThomas Terrell, that during a late Voyage perform’d toCuba, about two Months ago, there was a Mutiny suspected byThomas Bowling, of which the saidBowlingdeclared, thatJohn HippsPrisoner, was not only innocent, but believed a Suppressor of the said Mutiny; and farther declares, thatThomas Bowlinghad acknowledged the Safety of the Vessel to be much owing toJohn Hipps, Prisoner at the Bar.
Benjamin Hutchinsbeing sworn for the Prisoner, and examined, declared, that the Prisoner after having been matriculated and seduced byBunceand his Accomplices, often complain’d to him the Deponent, that he would desert them the first Opportunity, and shew’d his Intentions by manyTears shed, as Tokens of Sorrow for his late Misfortune.
John Taylorbeing examined upon Oath declared, that the Prisoner was confined as a Person not trusted byBunceand his pyratical Company.
John Jansenbeing examined upon Oath, had nothing to declare for or against the Prisoner worth Notice.
Thomas Pettybeing sworn for the Prisoner declared, thatBuncethreatned the Prisoner, that if he would not consent to be of his pyratical Company, he should be frequently beat; and also be put on the firstMoroon Key, where he might not find Provision, Water, or any other Sustenance, which the Deponent thinks compell’d the Prisoner to proceed withBuncefor his Safety.
David Meredithbeing also examined upon Oath declared, That whenPhineas Buncefirst made Seizure of the Vessel, he particularly spoke toHippsthe Prisoner, that if he would not take on in their Way, he the saidBuncewould moroon him, upon some desolate Key or Island; and the more to compel him, gave him several Blows with his Cutlash, and thinks the Prisoner was forced to join withBunce, &c.
Dennis MackarthyPrisoner being next called, and desiring that Mr.Kerr, CaptainGreenaway,John Taylor,Thomas Rich, andThomas Petty, might be admitted to give Evidence for him.
Mr.Kerrbeing examined upon Oath declared, ThatMackarthy, Prisoner, was as active as any other of the Prisoners in their pyratical Designs, and has nothing more to speak in his Favour, than that the Prisoner treated him and all others that were of the Deponent’s Company, with more Civility than any others of the pyratical Crew did.
CaptainGreenawaybeing sworn for the Prisoner declared, That whenBuncebeat the said Deponent, the Prisoner said, that he would see who ought to be Strikers amongst them for the future.
John Taylorbeing examined upon Oath declares, that the Prisoner should say, that he would leaveBunceand his Accomplices.
Thomas Richbeing sworn declares, that he heard the Prisoner say, that since he had begun, he thought himself obliged to go on with them, meaningBunceand his pyratical Company.
Thomas Pettybeing also sworn declares, That afterMackarthyhad been an Accomplice ofBunce’s Pyracy, he heard the Prisoner say, he was sorry for his Unadvisedness, which might bring great Troubles on his poor Wife, having a small Child.
George Rounsivel, Prisoner, being next called, desiredTurnlyto be Evidence for him; who being sworn, declared, ThatGeo. Rounsivel, after having consented to be ofBunce’s pyratical Company, shew’d some Token of Sorrow, but withal said, that as he had begun, could not without Danger of Life, desert the Pyrates he had combined with.
William Dowling, Prisoner, being next called, and desiringThomas Pettyto be Evidence for him, he was sworn, and said, that he had very little to say for him, because he had seen the Prisoner as consenting to their pyratical Designs as any of the said Prisoners.
William Lewis, Prisoner, being next called, had very little to say for himself, otherwise than that oneDavid Meredithhad heard him say, he wished to be atJohnCullemore’s House to drink a Bottle of Beer, whichDavid Meredith, being sworn as Evidence for the Prisoner, only confirmed.
Thomas Morris, Prisoner, being next called, had very little else to say, than that he had the Fever and Ague when he was first commanded byBunceto join them, and desiringThomas Richas Evidence, he was sworn, and declared, that the Prisoner, as much as he took Notice of him, appeared as active as the most capable, and could not say, that the Prisoner ever relented.
George Bendall, Prisoner, being next called, and desiringRichard Turnlyfor Evidence, he was sworn, and declared, that the Prisoner was desired to make his Escape, but was resolved to continue with the Pyrates.
William Ling, Prisoner, being next called, who having nothing to say farther, than a Request thatRichard Turnlymight give in Evidence for him; he was sworn, and declared, that the Prisoner bore Arms, and was as resolved as any of the Pyrates.
Then the Court adjourned till Ten a-Clock next Morning, being the 10th Instant.
December10, 1718.
The Court having met according to the Adjournment, and Proclamation made, the Prisoners were again brought to the Bar, and severally ask’d, if they had considered of any farther Evidence or Defence they could propose.
First,John Augurhad no more to offer, in his Justification than before.
The second,William Cunningham, the same as before.
The Third,John Hippshaving the same Question put, answer’d, that ifJohn RaddonandHenry Whitehad not been absent, they could have declared many Things in his Favour.
Then the Court proposed to every Person, who was an Auditor of the Trial, that any might have Leave to declare upon Oath, any Thing they had heardJohn RaddonorHenry Whitesay in Behalf ofJohn Hipps, Prisoner: Upon which,Samuel Lawford, Constable, appear’d, and being sworn, declared, That he heardGeorge Raddonsay, that he should have been glad to have done the old Boatswain any Service, meaningHipps, the Prisoner at the Bar; for the saidRaddonhad seen him cry for his having consented, tho’ by Force, to joinBunce, &c. the Prisoner having also declared toRaddon, that he would fight each of the Pyrates singly, if he could by that Means get clear of them. This Deponent farther said, thatRaddontold him, he firmly believed the Prisoner at the Bar would have escaped from the other Pyrates, as soon as he could have got an Opportunity.
The Fourth,Dennis Mackarthy, Prisoner, made some faint Excuse, and at length desired CaptainBenjamin Hornigold, as farther Evidence for him; who being sworn, declared, That when he the saidHornigoldwent to apprehend the Prisoners, who were on one of theExumaKeys, he the said Prisoner was one of the first taken, and seem’d to the saidHornigoldto throw himself, and to have Dependance, on the Mercy of the Governor.
The Fifth,George Rounsivel, Prisoner, had no farther Plea to make.
The Sixth,William Dowling, Prisoner, only desiredThomas Pettyto be again call’d, who being sworn, only declared, That he the Prisoner hadOffers made by theSpaniardsto go in their Service, but the Prisoner refused them.
The Seventh,William LewisdesiredRichard Turnleymight be again called, who being sworn, declared, That he the Deponent did not see the said Prisoner when the SloopMarywas first taken, but the Day after he saw the Prisoner under Arms, as active as any one of the Pyrates.
The Eighth,Thomas Morris, Prisoner, had little more to say than pretending that several Persons who were absent, would say something in his Justification; but no one present declared any Thing in his Favour.
The Ninth,George Bendall, Prisoner, had nothing to plead for himself; but desiring Mr.Kerrfor Evidence, he was sworn, and declared, That he heard the Prisoner say, that he wish’d he had begun the Life sooner, for he thought it a pleasant One, meaning that of a Pyrate; and farther deposed, that the Prisoner reported, that he had once a strong Inclination to have smother’dJohn Graves, Esq; his Majesty’s Collector for the Islands, as he lay feeble in his Bed, whose Servant the Prisoner was, but a short Time before he shipp’d himself for the intended Voyage, when he join’d the other Prisoners at the Bar in their Mutiny and Pyracy.
David Meredithbeing also sworn, declared, ThatBuncedid once beat the Prisoner, who told him, that ifBunce, &c. beat him once more, he would desert them the first Opportunity.
The Tenth,William Linghad nothing farther to say for himself.
Then the Prisoners were remanded to the Fort; after which, all Manner of Persons were commanded by Proclamation to withdraw.
Then the Court summ’d up the Evidences for the King and the Prisoners, which being debated and considered, all the Prisoners, exceptJohn Hipps, were unanimously voted guilty of their Indictment, and the Register was ordered to draw up their Sentence. It was thought convenient to respite the Judgment onJohn Hipps, Prisoner, tillMondaynext; and the Court adjourn’d till Four this Afternoon, at which Time being met according to Adjournment, and Proclamation made, the Prisoners were brought to the Bar. ThenJohn Hippswas remanded to the Guardship in Irons, and all the rest asked, if they knew any Cause why Sentence of Death should not be pronounced against them? They had nothing more to say, but to desire some Length of Time for Repentance.
The Court having duly considered of the Evidence which hath been given both for and against you the saidJohn Augur,William Cunningham,Dennis Mackarthy,Geo. Rounsivel,Wm Dowling,Wm Lewis,Tho. Morris,Geo. BendallandWm Ling; and having also debated the several Circumstances of the Cases, it is adjudged, that you the saidJohn Augur,Wm Cunningham,Dennis Mackarthy,Geo. Rounsivel,Wm Dowling,Wm Lewis,Tho. Morris,Geo. BendallandWm Ling, are guilty of the Mutiny, Felony, and Pyracy, wherewith you and every of you stand accused. And the Court doth accordingly pass Sentence, that you the saidJohn Augur,Wm. Cunningham,Dennis Mackarthy,Geo. Rounsivel,Wm. Dowling,Wm. Lewis,Tho. Morris,Geo. BendallandWm. Ling, be carried to Prison from whence you came, and from thence to the Place of Execution, where you are to be hanged by the Neck till you shall be dead, dead, dead; and God have Mercy on yourSouls.Given under our Hands this 10th Day ofOctober, Annoq; Dom.1718, sign’d
Woodes Rogers,Wm Fairfax,Robert Beauchamp,Thomas Walker,Wingate Gale,Nathaniel Taylor,Josias Burgiss,Peter Courant.
Woodes Rogers,Wm Fairfax,Robert Beauchamp,Thomas Walker,Wingate Gale,Nathaniel Taylor,Josias Burgiss,Peter Courant.
After Sentence of Death pass’d upon the Prisoners, the Governor, as President of the Court, appointed their Execution to be at Ten a-Clock onFridaynext in the Morning being the 12th Instant.
Whereupon the Prisoners pray’d for longer Time to repent and prepare for Death; but the Governor told them, that from the Time of their being apprehended, which was on the 15th ofNovember, they ought to have accounted themselves as condemn’d by the Laws of all Nations, which was only sealed now; and that the securing them hitherto, and the Favour that the Court had allowed them in making as long a Defence as they could, wholly took up that Time, which the Affairs of the Settlement required in working at the Fortifications; besides the Fatigue thereby occasion’d to the whole Garrison in the necessary Guards, set over them by the Want of a Goal, and the Garrison having been very much lessened by Death and Sickness since his Arrival; also that he was obliged to employ all his People to assist in mounting the great Guns, and in finishing the present Works, with all possible Dispatch, because of the expected War withSpain; and there being many more Pyrates amongst these Islands, and this Place left destitute of all Relief from any Man of War or Station Ship, much wanted, join’d to other Reasons he had, too long to enumerate in Court, he thoughthimself indispensably obliged, for the Welfare of the Settlement, to give them no longer Time.
Then the Prisoners were ordered to the Place of their Imprisonment in the Fort, where Leave was given them to send for any Persons to read and pray with them.
OnFridayMorning each of the Prisoners were call’d in private, to know if they had any Load upon their Spirits, for Actions committed as yet unknown to the World, the declaring of which was absolutely required, to prepare themselves for a fit Repentance; but they each refused to declare any Thing, as well as making known to the Governor, if they knew of any Conspiracy against the Government.
Wherefore, about Ten a-Clock, the Prisoners were releas’d of their Irons, and committed to the Charge and Care ofThomas Robinson, Esq; commissioned Provost Marshal for the Day, who, according to custom in such Cases, pinion’d them,&c.and order’d the Guards appointed to assist him, to lead them to the Top of the Rampart, fronting the Sea, which was well guarded by the Governor’s Soldiers and People, to the Number of about 100. At the Prisoners Request, several select Prayers and Psalms were read, in which all present join’d; when the Service was ended, Orders was given to the Marshal, and he conducted the Prisoners down a Ladder, provided on Purpose, to the Foot of the Wall, where was a Gallows erected, and a black Flag hoisted thereon, and under it a Stage, supported by three Butts, on which they ascended by another Ladder, where the Hangman fasten’d the Cords. They had three Quarters of an Hour allowed under the Gallows, which was spent by them in singing of Psalms, and some Exhortations to their old Consorts, and the other Spectators, who got as near to the Foot of the Gallows as the Marshal’sGuard would suffer them. When the Governor ordered the Marshal to make ready, and all the Prisoners expecting the Launch, the Governor thought fit to orderGeorge Rounsivelto be untied, and when brought off the Stage, the Buts having Ropes about them, were hawl’d away; upon which, the Stage fell, and the Prisoners were suspended.
First,John Augur, being about 40 Years of Age, had been a noted Master of Vessels atJamaica, and since among the Pyrates; but on his accepting of his Majesty’s Act of Grace, and Recommendations to the Governor, he was, notwithstanding, entrusted with a good Vessel and Cargo, in which betraying his Trust, and knowing himself guilty of the Indictment, he all along appeared very penitent, and neither wash’d, shav’d, or shifted his old Cloaths, when carried to be executed; and when he had a small Glass of Wine given him on the Rampart, drank it with Wishes for the good Success of theBahamaIslands and the Governor.
The Second,William Cunningham, aged 45, had been Gunner withThatchthe Pyrate, who being also conscious of his own Guilt, was seemingly penitent, and behaved himself as such.
The Third,Dennis Mackarthy, aged 28, who had also been formerly a Pyrate, but accepted of the King’s Act of Grace; and the Governor had made him an Ensign of the Militia, being recommended as a sober civiliz’d Person, which Commission he had at the Time of his joining the Pyrates, which very much aggravated his other Crimes. During his Imprisonment, he behaved himself tolerably well; but when he thought he was to die, and the Morning came, without his expectedReprieve, he shifted his Cloaths, and wore long blue Ribbons at his Neck, Wrists, Knees, and Cap; and when on the Rampart, look’d cheerfully round him, saying,He knew the Time when there were many brave Fellows on the Island, who would not have suffered him to die like a Dog; and at the same Time pull’d off his Shooes, kicking them over the Parapet of the Fort, saying,He had promis’d not to die with his Shooes on; so descended the Fort Wall, and ascended the Stage, with as much Agility and in a Dress of a Prize-Fighter; when mounted, he exhorted the People, who were at the Foot of the Walls, to have Compassion on him, but, however willing, they saw too much Power over their Heads to attempt any Thing in his Favour.
The Fourth,William Dowling, of about 24 Years of Age, had been a considerable Time amongst the Pyrates, of a wicked Life, which his Majesty’s Act of Grace did not reform; his Behaviour was very loose on the Stage, and after his Death, some of his Acquaintance declared, he had confess’d to them, that he had murder’d his Mother before he leftIreland.
The Fifth,William Lewis, aged about 34 Years, as he had been a hardy Pyrate and Prize Fighter, affected an Unconcern at Death; but heartily desired Liquors to drink with his Sufferers on the Stage, and with the Standers by.
The Sixth,Thomas Morris, aged about 22, had been a very incorrigible Youth and Pyrate, and seem’d to have very little Anxiety of Mind by his frequent Smiles when at the Bar, being dress’d with red Ribbons asMackarthywas with blue, he said, going over the Ramparts,We have a new Governor, but a harsh One; and a little before he was turn’d off, said aloud,that he might have been agreater Plague to these Islands, and now wish’d he had been so.
The Sixth,George Bendall, aged about 18, tho’ he said,he had never been a Pyrate before, yet he had all the villainous Inclinations that the most profligate Youth could be infected with; his Behaviour was sullen.
The Eighth,William Ling, aged about 30, not taken Notice of before the last Attempt, behaved himself as becoming a true Penitent, and was not heard to say any other than by Reply toLewis, when he demanded Wine to drink,that Water was more suitable to them at that Time.
It was observed that there were but few (beside the Governor’s Adherents) among the Spectators, who had not deserved the same Fate, but pardon’d by his Majesty’s Act of Grace.
Wehave given what Account came to our Hands ofCharles Vanein the first Volume, beginning at the Time he leftProvidenceon the Governor’s Arrival; but we have since had some Particulars sent us, which relate to Pyracies, both before and after that Date.
In the latter End ofMarch1718, he, with about 12 more lewd Fellows, who had squander’d all their Money got by former Villanies, took a Canoe, and went out on the old Account. Soon after their setting out they made Prize of a Sloop belonging toJamaica, brought her intoPotters Key, where they came to an Anchor, and put all the Hands on Shore, except the Master, to whom they promis’d to return his Sloop as soon as they met with another more fit for their Purpose; which soon after happen’d, for cruizing offHarbour Islandin the beginning ofApril, they took theLarkSloop, which had been taken from the Pyrates by CaptainPierce, in thePhœnixMan of War, who fitted her out with a Cargo to trade at St.Augustin’s. He brought his Prize intoProvidenceHarbour, with his black Ensign hoisted, in Defiance of the above named Man of War, which he loudly threaten’d to burn.Vane, atProvidence, augmented his Number of Men to 75, sailed in search of Booty, and on the 4th ofJulyreturn’d with aFrenchShip of 20 Guns, aFrenchBrigantine laden with Sugar, Indigo,Brandy, Claret, White Wine, and other Merchandize; theDrakeSloop,John Draper, Master, which he took in his Passage fromProvidencetoHarbourIsland, and plunder’d of a considerable Sum of Money, shifting into her some Sugars out of theFrenchBrigantine; theUlsterSloop,John Fredd, Master, laden with Timber fromAndrosIsland, into this Vessel he put 70 Casks of Sugar; and theEagleSloop,Robert Brown, Master, bound toSouth-Carolina, which he took with a two-masted Boat, commanded byEdward England, his Quarter Master; he put on board this last 20 Terses of Sugar, 6 of Bread, and some other Things. In the Harbour he seized on theLancasterSloop,Neal Walker, Master, and theDoveSloop,William Harris, Master, designed forJamaica, which he plunder’d of what he thought proper, and shifted 22 Hogsheads of Sugar, someSpanishHides and old Rigging.
He had the Impudence to come ashore with his Sword in Hand, threaten to burn the principal Houses of the Town, and to make Examples of many of the People; and though he committed no Murders, his Behaviour was extreamly insolent to all who were not as great Villains as himself. He reign’d here as Governor 20 Days, stopp’d all Vessels which came in, and would suffer none to go out, being inform’d of a Governor being sent fromEngland, he swore, while he was in the Harbour, he would suffer no other Governor than himself. He clean’d and fitted theFrenchShip, with Intent to visit the Coast ofBrazil, and design’d to sail in 3 or 4 Days; but the Governor appearing on the 24th, made him change his Resolution, and think of accepting a Pardon, if it might be granted on his own Terms, as will appear by the Letter which he sent off by a Boat to the Governor,and of which the following is an exact Copy.
Julythe 24th, 1718.
‘YourExcellency may please to understand that we are willing to accept his Majesty’s most gracious Pardon on the following Terms,viz.‘That you will suffer us to dispose of all our Goods now in our Possession. Likewise, to act as we think fit with every Thing belonging to us, as his Majesty’s Act of Grace specifies.‘If your Excellency shall please to comply with this, we shall, with all Readiness, accept of his Majesty’s Act of Grace. If not, we are obliged to stand on our Defence. So concludeYour humble Servants,Charles Vane, and Company.’
‘YourExcellency may please to understand that we are willing to accept his Majesty’s most gracious Pardon on the following Terms,viz.
‘That you will suffer us to dispose of all our Goods now in our Possession. Likewise, to act as we think fit with every Thing belonging to us, as his Majesty’s Act of Grace specifies.
‘If your Excellency shall please to comply with this, we shall, with all Readiness, accept of his Majesty’s Act of Grace. If not, we are obliged to stand on our Defence. So conclude
Your humble Servants,Charles Vane, and Company.’
The Susperscription was—
To his Excellency the Governor ofNew Providence.
And at the Bottom of it.—We wait a speedy Answer.
The Governor could not get in that Night, but was forced to keep at Sea, so that Mr.Vanecould not so speedily have an Answer as his Excellency design’d, which he intended to carry himself. About Four that Afternoon theRoseMan of War andSharkSloop got in, and were saluted with four Shot fromVane, which, however, did no other Damage than the cutting theRose’s Rigging. In the Evening CaptainWhitneysent his Lieutenant on BoardVane, who was higher up the Harbour in theFrenchShip. They detained this Gentleman two Hours, and the Crew, most of which was drunk, treated him, some with Threats, shewing the black Flag, and some with Contempt and Ridicule,and order’d him back to tell his Captain their Resolution was to fight it out to the last.
When CaptainWhitneyfired the eight a-Clock Gun,Vanedid the like with Shot, directed at theRose. At Ten he pointed all the Guns of theFrenchShip (double loaded) at the Man of War, and, after setting Fire to her, went with 40 Hands into a Sloop belonging to oneYates. As theFrenchMan burnt, the Guns fired, and cut some more of theRose’s Rigging. CaptainWhitneyapprehending Danger from the fir’d Ship, together with theSharkSloop, cut and put out to Sea, which gaveVanean Opportunity he laid hold on, to take what he thought fit off Shore, and to force the best Carpenter and Pilot in the Island on Board him. When he had done, he went to, and lay atPotters Keyall Night, and the next Morning got under Sail.
His Excellency dispatch’d after him theBuckSloop and another small one, both well mann’d and fitted, which gain’d while he was upon a Wind, and came, before he clear’d the East End of the Island, within Gun-Shot; but he easing out his Main-Sheet, and setting his Flying-Jibb, left them soon after; wherefore, Night coming on, and their Pursuit being fruitless, they return’d.
Soon afterVanesent the Governor ofProvidenceWord, he would make him a Visit, and burn his Guardship, for sending two Sloops to chase him instead of answering his Letter.
The 30th ofAugusthe took theNeptuneof 400 Tuns, and theEmperorof 200 Tuns, the Particulars of which are in the subjoin’d Protest.
The 9th ofSeptemberhe arrived atAllens Keyin aSpanishBrigantine; he had before taken aSpanishShip of theHavanna; here he forced on Board a Pilot, took a Sloop and went toGreen Turtle Key.
I have only to add: This Pyrate, whose Death is set down in the first Volume, betray’d the Coward when at the Gallows, and died in Agonies equal to his Villainies, which he gave no Ground to believe proceeded from the Apprehensions of a future State, but the Fear of Death. He shew’d not the least Remorse for the Crimes of his past Life, which was taken Notice of by the Spectators of his deserved Punishment, and told me by a worthy Gentleman who saw Justice done on him atGallows PointonPort Royal.