Some of the foreigners, who never had dealing this way before, desired, for satisfaction to their owners, that they might have receipts for their money, which were accordingly given, a copy of one of them I have here subjoined, viz.:—
“This is to certify whom it may or doth concern, that weGentlemen of Fortunehave received eight pounds of gold-dust for the ransom of theHardy, Captain Dittwitt Commander, so that we discharge the said ship.“Witness our hands,Jan.13, 1721-2,“Batt. Roberts.“Harry Glasby.”
“This is to certify whom it may or doth concern, that weGentlemen of Fortunehave received eight pounds of gold-dust for the ransom of theHardy, Captain Dittwitt Commander, so that we discharge the said ship.
“Witness our hands,Jan.13, 1721-2,
“Batt. Roberts.“Harry Glasby.”
Others were given to the Portuguese captains which were in the same form, but being signed by two waggish fellows, viz., Sutton and Simpson, they subscribed by the names of—
Aaron Whifflingpin.Sim. Tugmutton.
But there was something so singularly cruel and barbarous done here to thePorcupine, Captain Fletcher, as must not be passed over without special remark.
This ship lay in the road, almost slaved, when the pirates came in, and the commander, being on shore settling his accounts, was sent to for the ransom, but he excused it, as having no orders from the owners; though the true reason might be that he thought it dishonourable to treat with robbers, and that the ship, separate from the slaves, towards whom he could mistrust no cruelty, was not worth the sum demanded; hereupon Roberts sends the boat to transport the negroes, in order to set her on fire, but, being in haste, and finding that unshackling them cost much time and labour, they actually set her on fire, with eighty of those poor wretches on board chained two and two together, under the miserable choice of perishing by fire or water. Those who jumped overboard from the flames were seized by sharks, a voracious fish, in plenty in this road, and, in their sight, tore limb from limb alive: a cruelty unparalleled, and for which had every individual been hanged, few, I imagine, would think that Justice had been rigorous.
The pirates, indeed, were obliged to dispatch their business here in haste, because they had intercepted a letter from General Phips to Mr. Baldwin, the Royal African Company’s agents at Whydah, giving an account that Roberts had been seen to windward of Cape Three Points, that he might the better guard against the damages to the Company’s ships, if he should arrive at that road before theSwallow, man-of-war, which he assured him, at the time of that letter, was pursuing them to that place. Roberts called up his company, and desired they would hear Phips’s speech, for so he was pleased to call the letter, and, notwithstanding their vapouring, persuaded them of the necessity of moving; for, says he, “such brave fellows cannot be supposed to be frightened at this news, yet that it were better to avoid dry blows, which is the best that can be expected if overtaken.”
This advice weighed with them and they got under sail, having stayed only from Thursday to Saturday night; and at sea voted for the island of Anna Bona, but the wind hanging out of the way, crossed their purpose, and brought them to Cape Lopez, where I shall leave them for their approaching fate, and relate some further particulars of his Majesty’s ship theSwallow, viz., where it was she had spent her time during the mischief that was done, and by what means unable to prevent it; what also was the intelligence she received, and the measures thereon formed, that at last brought two such strangers as Mr. Roberts and Captain Ogle to meet in so remote a corner of the world.
TheSwallowandWeymouthleft Sierra Leone, May 28, where, I have already taken notice, Roberts arrived a month after, and doubtless learned the intent of their voyage, and cleaning on the coast, which made him set down with more security to his diversion, and furnish him with such intimations as made his first range down the coast in August following more prosperous; theSwallowandWeymouthbeing then at the port of Princes a-cleaning.
Their stay at Princes was from July 28 to September 20, 1721 where, by a fatality, common to the irregularities of seamen, who cannot in such cases be kept under due restraint, they buried one hundred men in three weeks’ time, and reduced the remainder of the ships’ companies into so sickly a state, that it was with difficulty they brought them to sail; and this misfortune was probably the ruin of Roberts, for it prevented the men-of-war’s going back to Sierra Leone as it was intended, there being a necessity of leaving his Majesty’s shipWeymouth—in much the worse condition of the two—under the guns of Cape Corso, to impress men, being unable at this time, either to hand the sails or weigh her anchor; and Roberts, being ignorant of the occasion or alteration of the first design, fell into the mouth of danger when he thought himself the farthest from it; for the men-of-war, not endeavouring to attain further to windward, when they came from Princes, then to secure Cape Corso road under their lee, they luckily hovered in the track he had took.
TheSwallowandWeymouthfell in with the continent at Cape Appollonia, October 20th, and there received the ungrateful news from one Captain Bird—a notice that awakened and put them on their guard; but they were far from expecting any temerity should ever bring him a second time on the coast while they were there. Therefore theSwallowhaving seen theWeymouthinto Cape Corso road, November 10th, she plied to windward as far as Bassam, rather as an airing to recover a sickly ship’s company and show herself to the trade, which was found everywhere undisturbed, and were, for that reason, returning to her consort, when accidentally meeting a Portuguese ship, she told her that the day before she saw two ships chase into Junk an English vessel, which she believed must have fallen into their hands. On this story theSwallowclung her wind and endeavoured to gain that place, but receiving soon after (October 14th) a contrary report from Captain Plummer, an intelligent man, in theJason, of Bristol, who had come further to windward and neither saw or heard anything of this, she turned her head down the second time, anchored at Cape Appollonia the 23rd, at Cape Tres Puntas the 27th, and in Corso road, January 7, 1721-2.
They learned that their consort, theWeymouth, was, by the assistance of some soldiers from the castle, gone to windward to demand restitution of some goods or men belonging to the African Company that were illegally detained by the Dutch at Des Minas; and while they were regretting so long a separation, an express came to General Phips from Axim, the 9th, and followed by another from Dixcove (an English factory) with information that three ships had chased and taken a galley nigh Axim Castle, and a trading boat belonging to the Company. No doubt was made concerning what they were, it being taken for granted they were pirates, and supposed to be the same that had the August before infested the coast. The natural result, therefore, from these two advices, was to hasten for Whydah, for it was concluded the prizes they had taken had informed them how nigh theSwallowwas, and withal how much better in health than she had been for some months past; so that unless they were very mad indeed they would, after being discovered, make the best of their way for Whydah and secure the booty there, without which their time and industry had been entirely lost; most of the gold lying in that corner.
TheSwallowweighed from Cape Corso, January 10th, but was retarded by waiting some hours on theMargaret, a Company’s ship, at Accra, again on thePortugal, and a whole day at Apong on a person they used to style Miss Betty: a conduct that Mr. Phips blamed when he heard the pirates were missed at Whydah, although he had given it as his opinion they could not be passed by, and intimated that to stay a few hours would prove no prejudice.
This, however, hindered theSwallow’scatching them at Whydah, for the pirates came into that road with a fresh gale of wind the same day theSwallowwas at Apong, and sailed the 13th of January from thence, that she arrived the 17th. She gained notice of them by a French shallop from Grand Papa, the 14th, at night, and from Little Papa next morning by a Dutch ship; so that the man-of-war was on all sides, as she thought, sure of her purchase, particularly when she made the ships, and discovered three of them to get under sail immediately at sight of her, making signals to one another as though they designed a defence; but they were found to be three French ships, and those at anchor Portuguese and English, all honest traders, who had been ransacked and ransomed.
This disappointment chagrined the ship’s company, who were very intent upon their market, which was reported to be an arm-chest full of gold, and kept with three keys; though in all likelihood, had they met with them in that open road, one or both would have made their escapes, or if they had thought fit to have fought, an emulation in their defence would probably have made it desperate.
While they were contemplating on the matter, a letter was received from Mr. Baldwin (governor here for the Company) signifying that the pirates were at Jaquin, seven leagues lower. TheSwallowweighed at two next morning, January 16th, and got to Jaquin by daylight, but to no other end than frightening the crews of two Portuguese ships on shore, who took her for the pirate that had struck such terror at Whydah. She returned therefore that night, and having been strengthened with thirty volunteers, English and French, the discarded crews of thePorcupineand the French ship they had carried from hence, she put to sea again January 19th, conjecturing that either Calabar, Princes, the river Gabone, Cape Lopez, or Anna Bona, must be touched at for water and refreshment, though they should resolve to leave the coast. As to the former of those places, I have before observed it was hazardous to think of, or rather impracticable; Princes had been a sour grape to them, but, being the first in the way, she came before the harbour the 29th, where, learning no news, without losing time, steered for the river Gabone, and anchored at the mouth of it February 1st.
This river is navigable by two channels, and has an island about five leagues up, called Popaguays, or Parrots, where the Dutch cruisers for this coast generally clean, and where sometimes pirates come in to look for prey, or to refit, it being very convenient by reason of a soft mud about it that admits a ship’s lying on shore with all her guns and stores in without damage. Hither Captain Ogle sent his boat and a lieutenant, who spoke with a Dutch ship above the island, from whom he had this account, viz.: That he had been four days from Cape Lopez and had left no ship there. However, they beat up for the Cape, without regard to this story, and on the 5th, at dawning, was surprised with the noise of a gun, which, as the day brightened, they found was from Cape Lopez Bay, where they discovered three ships at anchor, the largest with the king’s colours and pendant flying, which was soon after concluded to be Mr. Roberts and his consorts; but theSwallowbeing to windward and unexpectedly deep in the bay, was obliged to steer off for avoiding a sand called the Frenchman’s Bank, which the pirates observed for some time, and rashly interpreting it to be fear in her, righted the FrenchRanger, which was then on the heel, and ordered her to chase out in all haste, bending several of their sails in the pursuit. The man-of-war, finding they had foolishly mistaken her design, humoured the deceit and kept off to sea, as if she had been really afraid, and managed her steerage so, under the direction of Lieutenant Sun, an experienced officer, as to let theRangercome up with her when they thought they had got so far as not to have their guns heard by her consort at the Cape. The pirates had such an opinion of their own courage that they could never dream anybody would use a stratagem to speak with them, and so was the more easily drawn into the snare.
The pirates now drew nigh enough to fire their chase guns; they hoisted the black flag that was worn in Whydah road, and got their spritsail yard alongships with intent to board, no one having ever asked all this while what country ship they took the chase to be; they would have her to be a Portuguese (sugar being then a commodity wanting among them), and were swearing every minute at the wind or sail to expedite so sweet a chase; but, alas! all turned sour in an instant. It was with the utmost consternation they saw her suddenly bring-to and haul up her lower ports, now within pistol-shot, and struck their black flag upon it directly. After the first surprise was over they kept firing at a distance, hoisted it again, and vapoured with their cutlasses on the poop, though wisely endeavouring at the same time to get away. Being now at their wits’ end, boarding was proposed by the heads of them, and so to make one desperate push; but the motion not being well seconded, and their maintop-mast coming down by a shot, after two hours’ firing, it was declined. They grew sick, struck their colours, and called out for quarter, having had 10 men killed outright, and 20 wounded, without the loss or hurt of one of the king’s men. She had 32 guns, manned with 16 Frenchmen, 20 negroes, and 77 English. The colours were thrown overboard that they might not rise in judgment nor be displayed in triumph over them.
While theSwallowwas sending their boat to fetch the prisoners, a blast and smoke was seen to pour out of the great cabin, and they thought they were blowing up; but upon inquiry afterwards found that half a dozen of the most desperate, when they saw all hopes fled, had drawn themselves round what powder they had left in the steerage and fired a pistol into it, but it was too small a quantity to effect anything more than burning them in a frightful manner.
The ship was commanded by one Skyrme, a Welshman, who, though he had lost his leg in the action, would not suffer himself to be dressed or carried off the deck, but, like Widrington, fought upon his stump. The rest appeared gay and brisk, most of them with white shirts, watches, and a deal of silk vests, but the gold-dust belonging to them was most of it left in theLittle Rangerin the bay (this company’s proper ship) with theRoyal Fortune.
I cannot but take notice of two among the crowd of those disfigured from the blast of powder just before mentioned, viz., William Main and Roger Ball. An officer of the ship seeing a silver call hang at the waist of the former, said to him, “I presume you are boatswain of this ship.” “Then you presume wrong,” answered he, “for I am boatswain of theRoyal Fortune, Captain Roberts, commander.” “Then, Mr. Boatswain, you will be hanged, I believe,” replies the officer. “That is as your honour pleases,” answered he again, and was for turning away; but the officer desired to know of him how the powder which had made them in that condition came to take fire. “By G——,” says he, “they are all mad and bewitched, for I have lost a good hat by it”—the hat and he being both blown out of the cabin gallery into the sea. “But what signifies a hat, friend?” says the officer. “Not much,” answered he; the men being busy in stripping him of his shoes and stockings. The officer then inquired of him whether Roberts’s company were as likely fellows as these. “There are 120 of them,” answered he, “as clever fellows as ever trod shoe-leather. Would I were with them!” “No doubt of it,” says the officer. “By G——, it is naked truth,” answered he, looking down and seeing himself by this time quite stripped.
The officer then approached Roger Ball, who was seated in a private corner, with a look as sullen as winter, and asked him, how he came blown up in that frightful manner. “Why,” says he, “John Morris fired a pistol into the powder, and if he had not done it I would” (bearing his pain without the least complaint). The officer gave him to understand he was surgeon, and if he desired it, he would dress him; but he swore it should not be done, and that if anything was applied to him he would tear it off. Nevertheless the surgeon had good nature enough to dress him, though with much trouble. At night he was in a kind of delirium, and raved on the bravery of Roberts, saying he should shortly be released, as soon as they should meet him, which procured him a lashing down upon the forecastle, which he resisting with all his force, caused him to be used with the more violence, so that he was tied down with so much severity that, his flesh being sore and tender with the blowing up, he died next day of a mortification.
They secured the prisoners with pinions and shackles, but the ship was so much disabled in the engagement that they had once thoughts to set her on fire; but this would have given them the trouble of taking the pirate’s wounded men on board themselves, and that they were certain theRoyal Fortunewould wait for their consort’s return, they lay by her two days, repairing her rigging and other damages, and sent her into Princes with the Frenchmen and four of their own hands.
On the 9th, in the evening, theSwallowgained the Cape again, and saw theRoyal Fortunestanding into the bay with theNeptune, Captain Hill, of London—a good presage of the next day’s success, for they did not doubt but the temptation of liquor and plunder they might find in this their new prize would make the pirates very confused; and so it happened.
On the 10th, in the morning, the man-of-war bore away to round the Cape. Roberts’s crew discerning their masts over the land, went down into the cabin to acquaint him of it, he being then at breakfast with his new guest, Captain Hill, on a savoury dish of solomongundy, and some of his own beer. He took no notice of it, and his men almost as little, some saying she was a Portuguese ship, others a French slave ship, but the major part swore it was the FrenchRangerreturning, and were merrily debating for some time on the manner of reception, whether they should salute or not; but as theSwallowapproached nigher things appeared plainer, and though they were stigmatized with the name of cowards who showed any apprehension of danger, yet some of them, now undeceived, declared it to Roberts, especially one Armstrong, who had deserted from that ship and knew her well. Those Roberts swore at as cowards, who meant to dishearten the men, asking them if it were so, whether they were afraid to fight, or no? and hardly restrained from blows. What his own apprehensions were till she hauled up her ports and hoisted their proper colours is uncertain; but then being perfectly convinced, he slipped his cable, got under sail, and ordered his men to arms without any show of timidity, dropping a first-rate oath, “that it was a bite,” but at the same time resolved, like a gallant rogue, to get clear or die.
There was one Armstrong, as I just mentioned, a deserter from theSwallow, whom they inquired of concerning the trim and sailing of that ship; he told them she sailed best upon a wind, and therefore, if they designed to leave her, they should go before it.
The danger was imminent, and time very short to consult of means to extricate himself. His resolution in this strait was as follows: To pass close to theSwallow, with all their sails and, receive her broadside, before they returned a shot; if disabled by this, or that they could not depend on sailing, then to run on shore at the point (which is steep to) and every one to shift for himself among the negroes; or failing in these, to board, and blow up together, for he saw that the greatest part of his men were drunk, passively courageous, unfit for service.
Roberts himself made a gallant figure at the time of the engagement, being dressed in a rich crimson damask waistcoat and breeches, a red feather in his hat, a gold chain round his neck, with a diamond cross hanging to it, a sword in his hand, and two pair of pistols hanging at the end of a silk sling, flung over his shoulders (according to the fashion of the pirates), and is said to have given his orders with boldness and spirit; coming, according to what he had purposed, close to the man-of-war, received her fire, and then hoisted his black flag, and returned it, shooting away from her with all the sail he could pack; and had he took Armstrong’s advice, to have gone before the wind, he had probably escaped; but keeping his tacks down, either by the winds shifting, or ill steerage, or both, he was taken a-back with his sails, and theSwallowcame a second time very nigh to him. He had now perhaps finished the fight very desperately, if Death, who took a swift passage in a grape-shot, had not interposed, and struck him directly on the throat. He settled himself on the tackles of a gun, which one Stephenson, from the helm, observing, ran to his assistance, and not perceiving him wounded, swore at him and bid him stand up and fight like a man; but when he found his mistake, and that his captain was certainly dead, he gushed into tears and wished the next shot might be his lot. They presently threw him overboard, with his arms and ornaments on, according to the repeated requests he made in his lifetime.
Roberts was a tall black man, near forty years of age, born at Newey-bagh, nigh Haverford-West, in Pembrokeshire, of good natural parts and personal bravery, though he applied them to such wicked purposes as to make them of no commendation, frequently drinking “D——n to him who ever lived to wear a halter.” He was forced himself at first among this company out of thePrince, Captain Plumb, at Anamaboe, about three years before, where he served as second mate, and shed, as he used to tell the fresh men, as many crocodile tears then as they did now, but time and good company had wore it off. He could not plead want of employment, nor incapacity of getting his bread in an honest way, to favour so vile a change, nor was he so much a coward as to pretend it, but frankly owned it was to get rid of the disagreeable superiority of some masters he was acquainted with, and the love of novelty and change maritime peregrinations had accustomed him to. “In an honest service,” says he, “there is thin commons, low wages, and hard labour; in this, plenty and satiety, pleasure and ease, liberty and power; and who would not balance creditor on this side when all the hazard that is run for it, at worst, is only a fore-look or two at choking. No, ‘a merry life and a short one’ shall be my motto.” Thus he preached himself into an approbation of what he at first abhorred, and being daily regaled with music, drinking, and the gaiety and diversions of his companions, these depraved propensities were quickly edged and strengthened, to the extinguishing of fear and conscience. Yet among all the vile and ignominious acts he had perpetrated he is said to have had an aversion towards forcing men into that service, and had procured some their discharge, notwithstanding so many had made force their plea.
When Roberts was gone, as though he had been the life and soul of the gang, their spirits sunk; many deserted their quarters, and all stupidly neglected any means for defence or escape; and their main-mast soon after being shot by the board, they had no way left but to surrender and call for quarter. TheSwallowkept aloof, while her boat passed and repassed for the prisoners, because they understood they were under an oath to blow up; and some of the desperadoes showed a willingness that way, matches being lighted, and scuffles happening between those who would and those who opposed it. But I cannot easily account for this humour, which can be termed no more than a false courage, since any of them had power to destroy his own life, either by pistol or drowning, without involving others in the same fate who are in no temper of mind for it. And at best, it had been only dying for fear of death.
She had 40 guns, and 157 men, 45 whereof were negroes; three only were killed in the action, without any loss to theSwallow. There was found upwards of £2,000 in gold-dust in her. The flag could not be got easily from under the fallen mast, and was therefore recovered by theSwallow; it had the figure of a skeleton in it, and a man portrayed with a flaming sword in his hand, intimating a defiance of death itself.
TheSwallowreturned back into Cape Lopez Bay, and found the littleRanger, whom the pirates had deserted in haste, for the better defence of the ship. She had been plundered, according to what I could learn, of £2,000 in gold-dust (the shares of those pirates who belonged to her), and Captain Hill, in theNeptune, not unjustly suspected, for he would not wait the man-of-war’s returning into the bay again, but sailed away immediately, making no scruple afterwards to own the seizure of other goods out of her, and surrendered, as a confirmation of all, fifty ounces at Barbadoes, for which, see the article at the end of this book: “All persons who after the 29th of September, 1690,” &c.
To sum up the whole, if it be considered, first, that the sickly state of the men-of-war when they sailed from Princes was the misfortune that hindered their being as far as Sierra Leone, and consequently out of the track the pirates then took; that those pirates, directly contrary to their design, in the second expedition, should get above Cape Corso, and that nigh Axim a chase should offer that inevitably must discover them and be soon communicated to the men-of-war; that the satiating their evil and malicious tempers at Whydah in burning thePorcupineand running off with the French ship had strengthened theSwallowwith thirty men; that theSwallowshould miss them in that road, where probably she had not, or at least so effectually, obtained her end; that they should be so far infatuated at Cape Lopez as to divide their strength which, when collected, might have been so formidable; and lastly, that the conquest should be without bloodshed—I say, considering all these circumstances, it shows that the hand of Providence was concerned in their destruction.
As to their behaviour after they were taken, it was found that they had great inclinations to rebel if they could have laid hold of any opportunity, for they were very uneasy under restraint, having been lately all commanders themselves, nor could they brook their diet or quarters without cursing and swearing and upbraiding each other with the folly that had brought them to it.
So that, to secure themselves against any mad, desperate undertaking of theirs, theSwallowstrongly barricaded the gun-room, and made another prison before it, an officer with pistols and cutlasses doing duty night and day, and the prisoners within manacled and shackled.
They would yet in these circumstances be impudently merry, saying, when they viewed their nakedness, “That they had not left them a halfpenny, to give old Charon, to ferry them over Styx;” and at their thin commons they would observe that they fell away so fast that they should not have weight left to hang them. Sutton used to be very profane, he happening to be in the same irons with another prisoner who was more serious than ordinary and read and prayed often, as became his condition; this man Sutton used to swear at and ask him, “what he proposed by so much noise and devotion?” “Heaven,” says the other, “I hope.” “Heaven, you fool,” says Sutton, “did you ever hear of any pirates going thither? Give me h—ll, it’s a merrier place; I’ll give Roberts a salute of thirteen guns at entrance.” And when he found such ludicrous expressions had no effect on him he made a formal complaint, and requested that the officer would either remove this man or take his Prayer Book away, as a common disturber.
A combination and conspiracy was formed betwixt Moody, Ashplant, Magnes, Mare, and others, to rise and kill the officers and run away with the ship. This they had carried on by means of a mulatto boy, who was allowed to attend them, and proved very trusty in his messages between the principals, but the evening of that night they were to have made the struggle, two of the prisoners that sat next Ashplant heard the boy whisper them upon the project and naming to him the hour they should be ready, presently gave notice of it to the captain, which put the ship in an alarm for a little time; and on examination several of them had made shift to break off or lose their shackles, no doubt for such purpose; but it tended only to procure to themselves worse usage and confinement.
In the same passage to Cape Corso, the prize,Royal Fortune, was in the same danger. She was left at the Island of St. Thomas’s in the possession of an officer and a few men to take in some fresh provisions (which were scarce at Cape Corso), with orders to follow the ship. There were only some of the pirate’s negroes, three or four wounded prisoners, and Scudamore, their surgeon, from whom they seemed to be under no apprehension especially from the last, who might have hoped for favour on account of his employ, and had stood so much indebted for his liberty, eating and drinking constantly with the officers; yet this fellow, regardless of the favour, and lost to all sense of reformation, endeavoured to bring over the negroes to his design of murdering the people and running away with the ship. He easily prevailed with the negroes to come into the design, but when he came to communicate it to his fellow-prisoners, and would have drawn them into the same measures, by telling them he understood navigation, that the negroes were stout fellows, and by a smattering he had in the Angolan language he had found willing to undertake such an enterprise, and that it was better venturing to do this, run down the coast and raise a new company, than to proceed to Cape Corso and be hanged like dogs and sun-dried. One of them abhorring the cruelty, or fearing the success, discovered it to the officer, who made him immediately a prisoner and brought the ship safe.
When they came to be lodged in Cape Corso Castle, their hopes of this kind all cut off, and that they were assured they must there soon receive a final sentence, the note was changed among most of them, and from vain insolent jesting they became serious and devout, begging for good books; and joining in public prayers, and singing of psalms, twice at least every day.
As to their trials, if we should give them at length it may appear tedious to the reader, for which reason I have, for the avoiding tautology and repetition, put as many of them together as were tried for the same fact, reserving the circumstances which are most material, with observations on the dying behaviour of such of them as came to my knowledge.
And first, it may be observed from the list that a great part of these pirate ships’ crews were men entered on the coast of Africa not many months before they were taken; from whence, it may be concluded, that the pretended constraint of Roberts on them was very often a complotment between parties equally willing. And this Roberts several times openly declared, particularly to theOnslow’speople, whom he called aft, and asked of them “who was willing to go, for he would force nobody?” As was deposed of some of his best hands, after acquittal; nor is it reasonable to think he should reject Irish volunteers, only from a pique against Kennedy, and force others, that might hazard, and, in time destroy, his government. But their behaviour soon put him out of this fear and convinced him that the plea of force was only the best artifice they had to shelter themselves under in case they should be taken, and that they were less rogues than others only in point of time.
It may likewise be taken notice of that the country wherein they happened to be tried is, among other happinesses, exempted from lawyers and law-books, so that the office of registrar of necessity fell on one not versed in those affairs, which might justify the court in want of form, more essentially supplied with integrity and impartiality.
But perhaps if there was less law there might be more justice than in some other courts; for if the civil law be a law of universal reason, judging of the rectitude, or obliquity of men’s actions, every man of common sense is endued with a portion of it, at least sufficient to make him distinguish right from wrong, or what the civilians callmalum in se.
Therefore, here, if two persons were equally guilty of the same fact, there was no convicting one and bringing the other off by any quirk or turn of law; for they formed their judgments upon the constraint, or willingness, the aim and intention of the parties, and all other circumstances, which make a material difference. Besides, in crimes of this nature men bred up to the sea must be more knowing and much abler than others more learned in the law; for before a man can have a right idea of a thing he must know the terms standing for that thing. The sea-terms being a language by itself, which no lawyer can be supposed to understand, he must of consequence want that discriminating faculty which should direct him to judge right of the facts meant by those terms.
The court well knew it was not possible to get the evidence of every sufferer by this crew, and therefore first of all considered how that deficiency should be supplied; whether or no they could pardon oneJo.Dennis, who had early offered himself as King’s evidence, and was the best read in their lives and conversations; here indeed they were at a loss for law, and concluded in the negative because it looked like compounding with a man to swear falsely, losing by it those great helps he could have afforded.
Another great difficulty in their proceedings was how to understand those words in the Act of Parliament of “particularly specifying in the charge the circumstances of time, place,” &c.,i.e., so to understand them as to be able to hold a court; for if they had been indicted on particular robberies the evidence had happened mostly from the Royal African Company’s ships, on which these gentlemen of Cape Corso Castle were not qualified to sit, their oath running “That they have no interest, directly or indirectly, in the ship or goods, for the robbery of which the party stands accused.” And this they thought they had, commissions being paid them on such goods; and on the other side, if they were incapacitated, no court could be formed, the commission absolutely required three of them by name.
To reconcile all things, therefore, the court resolved to bottom the whole of their proceedings on theSwallow’sdepositions, which were clear and plain and had the circumstances of time when, place where, manner how, and the like, particularly specified according to the statute in that case made and provided. But this admitted only a general intimation of robbery in the indictment; therefore, “to approve their clemency,” it looking arbitrary on the lives of men to lump them to the gallows in such a summary way as must have been done had they solely adhered to theSwallow’scharge, they resolved to come to particular trials.
Secondly, “that the prisoners might not be ignorant whereon to answer,” and so have all fair advantages to excuse and defend themselves, the court farther agreed with justice and equanimity to hear any evidence that could be brought to weaken or corroborate the three circumstances that complete a pirate: first, being a volunteer amongst them at the beginning; secondly, being a volunteer at the taking or robbing of any ship; or, lastly, voluntarily accepting a share in the booty of those that did; for by a parity of reason where these actions were of their own disposing, and yet committed by them, it must be believed their hearts and hands joined together in what they acted against his Majesty’s ship theSwallow.