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We know that Magnes, Quarter-Master of the Pyrate Ship, commanded the Men in this Boat that took us, and assumed the Authority of ordering her Provisions and Stores out, which being of different Kinds, we soon found, were seized and sent away under more particular Directions; for Main, as Boatswain of the Pyrate Ship, carried away two Cables, and several Coils of Rope, as what belonged to his Province, beating some of our own Men for not being brisk enough at working in the Robbery. Petty, as Sail-maker, saw to the Sails and Canvas; Harper, as Cooper to the Cask and Tools; Griffin, to the Carpenter's Stores, and Oughterlauney, as Pilot, having shifted himself with a Suit of my Clothes, a new tye Wig, and called for a Bottle of Wine, ordered the Ship, very arrogantly, to be steered under Commadore Robert's Stern, (I suppose to know what Orders there were concerning her.) So far particularly. In the general, Sir, they were very outragious and emulous in Mischief.
President. Mr. Castel, acquaint the Court of what you know in Relation to this Robbery of the King Solomon; after what Manner the Pyrate-Boat was dispatch'd for this Attempt.
Tho. Castel. I was a Prisoner, Sir, with the Pyrates when their Boat was ordered upon that Service, and found, upon a Resolution of going, Word was passed through the Company, Who would go? And I saw all that did, did it voluntarily; no Compulsion, but rather pressing who should be foremost.
The Prisoners yielded to what had been sworn about the Attack and Robbery, but denied the latter Evidence, saying, Roberts hector'd, and upbraided them of Cowardice on this very Occasion; and told some, they were very ready to step on Board of a Prize when within Command of the Ship, but now there seem'd to be a Tryal of their Valour, backward and fearful.
President. So that Roberts forc'd ye upon this Attack.
Prisoners. Roberts commanded us into the Boat, and the Quarter-Master to rob the Ship; neither of whose Commands we dared to have refused.
President. And granting it so, those are still your own Acts, since done by Orders from Officers of your own Election. Why would Men, honestly disposed, give their Votes for such a Captain and such a Quarter-Master as were every Day commanding them on distastful Services?
Here succeeded a Silence among the Prisoners, but at length Fernon very honestly own'd, that he did not give his Vote to Magnes, but to David Sympson (the old Quarter-Master,) for in Truth, says he, I took Magnes for too honest a Man, and unfit for the Business.
The Evidence was plain and home, and the Court, without any Hesitation, brought them in Guilty.
WILLIAM Church, Phil. Haak, James White, Nich. Brattle, Hugh Riddle, William Thomas, Tho. Roberts, Jo. Richards, Jo. Cane, R. Wood, R. Scot, Wm. Davison, Sam. Morwell, Edward Evans, Wm. Guineys, and 18 French Men.
The four first of these Prisoners, it was evident to the Court, served as Musick on Board the Pyrate, were forced lately from the several Merchant Ships they belonged to; and that they had, during this Confinement, an uneasy Life of it, having sometimes their Fiddles, and often their Heads broke, only for excusing themselves, or saying they were tired, when any Fellow took it in his Head to demand a Tune.
The other English had been a very few Days on Board the Pyrate, only from Whydah to Cape Lopez, and no Capture or Robbery done by them in that Time. And the French Men were brought with a Design to reconduct their own Ship (or the Little Ranger in Exchange) to Whydah Road again, and were used like Prisoners; neither quarter'd nor suffered to carry Arms. So that the Court immediately acquiesced in, Acquitting them.
THO. Sutton, David Sympson, Christopher Moody, Phil. Bill, R. Hardy, Hen. Dennis, David Rice, Wm. Williams, R. Harris, Geo. Smith, Ed. Watts, Jo. Mitchell and James Barrow.
The Evidence against these Prisoners, were Geret de Haen, Master of the Flushingham, taken nigh Axim, the Beginning of January last.
Benj. Krest Master, and James Groet Mate of the Gertruycht, taken nigh Gabone in December last, and Mr. Castel, Wingfield and others, that had been Prisoners with the Pyrates.
The former deposed, that all these Prisoners (excepting Hardy) were on Board at the Robbery and Plunder of their Ships, behaving in a vile outragious Manner, putting them in bodily Fears, sometimes for the Ship, and sometimes for themselves; and in particular, Kreft charged it on Sutton, that he had ordered all their Gunner's Stores out; on which that Prisoner presently interrupted, and said, he was perjured, That he had not taken half. A Reply, I believe, not designed as any sawcy Way of jesting, but to give their Behaviour an Appearance of more Humanity than the Dutch would allow.
From Mr. Castel, Wingfield and others, they were proved to be distinguished Men, Men who were consulted as Chiefs in all Enterprizes; belonged most of them to the House of Lords, (as they call'd it,) and could carry an Authority over others. The former said, particularly of Hardy, (Quarter-Master of the Ranger,) that when the Diligence Sloop was taken, (whereto he belonged,) none was busier in the Plunder, and was the very Man who scuttled and sunk that Vessel.
From some of the Prisoners acquitted, it was farther demanded, whether the Acceptance or Refusal of any Office was not in their own Option? And it was declared, that every Officer was chose by a Majority of Votes, and might refuse, if he pleased, since others gladly embraced what brought with it an additional Share of Prize. Guilty
The Court on the 31st of March, remanded the following six before them, for Sentence, viz. Dav. Sympson, Wm. Magnes, R. Hardy, Thomas Sutton, Christopher Moody, and Valen. Ashplant.
To whom the President spoke to the following Purpose; The Crime of Pyracy, of which all of ye have been justly convicted, is of all other Robberies the most aggravating and inhumane, in that being removed from the Fears of Surprize, in remote and distant Parts, ye do in Wantonness of Power often add Cruelty to Theft.
Pyrates unmoved at Distress or Poverty, not only spoil and rob, but do it from Men needy, and who are purchasing their Livlihoods thro’ Hazards and Difficulties, which ought rather to move Compassion; and what is still worse, do often, by Perswasion or Force, engage the inconsiderate Part of them, to their own and Families Ruin, removing them from their Wives and Children, and by that, from the Means that should support them from Misery and Want.
To a trading Nation, nothing can be so Destructive as Pyracy, or call for more exemplary Punishment; besides, the national Reflection it infers: It cuts off the Returns of Industry, and those plentiful Importations that alone can make an Island flourishing; and it is your Aggravation, that ye have been the Chiefs and Rulers in these licentious and lawless Practices.
However, contrary to the Measures ye have dealt, ye have been heard with Patience, and tho’ little has, or possibly could, have been said in Excuse or Extenuation of your Crimes, yet Charity makes us hope that a true and sincere Repentance (which we heartily recommend) may entitle ye to Mercy and Forgiveness, after the Sentence of the Law has taken Place, which now remains upon me to pronounce.
YOU Dav. Simpson, William Magnes, R. Hardy, Tho. Sutton, Christopher Moody, and Val. Ashplant.
Ye, and each of you, are adjudged and sentenced, to be carried back to the Place from whence ye came, from thence to the Place of Execution, without the Gates of this Castle, and there within the Flood-Marks, to be hangedby the Neck till ye are dead.
After this, ye, and each of you shall be taken down, and your Bodies hanged in Chains.
Warrant for Execution
PURSUANT to the Sentence given on Saturday, by the Court of Admiralty, at Cape-Corso-Castle, against Dav. Simpson, Wm. Magnes, R. Hardy, Tho. Sutton, Christopher Moody, and Valentine Ashplant.
You are hereby directed to carry the aforesaid Malefactors to the Place of Execution, without the Gates of this Castle, to Morrow Morning at Nine of the Clock,