“You, James Skyrm, Michael Lemmon, Robert Hartley, &c.
“Ye, and every one of you, are, in the name and by the authority of our dread sovereign lord, George, King of Great Britain, indicted as follows:—
“Forasmuch as, in an open contempt of the laws of your country, ye have all of you been wickedly united and articled together for the annoyance and disturbance of his Majesty’s trading subjects at sea; and have, in conformity to the most evil and mischievous intentions, been twice down the coast of Africa with two ships—once in the beginning of August, and a second time in January last—sinking, burning, or robbing such ships and vessels as then happened in your way.
“Particularly ye stand charged at the instance and information of Captain Chaloner Ogle, as traitors and pirates, for the unlawful opposition ye made to his Majesty’s ship, the Swallow, under his command.
“For that on the 5th of February last past, upon sight of the aforesaid King’s ship, ye did immediately weigh anchor from under Cape Lopez, on the southern coast of Africa, in a French-built ship of thirty-two guns called the Ranger, and did pursue and chase the aforesaid King’s ship with such dispatch and precipitancy as declared ye common robbers and pirates.
“That about ten o’clock of the same morning, drawing within gunshot of his Majesty’s aforesaid ship, the Swallow, ye hoisted a piratical black flag, and fired several chase-guns, to deter, as much as you were able, his Majesty’s servants from their duty.
“That an hour after this, being very nigh to the aforesaid King’s ship, you did audaciously continue in a hostile defence and assault for about two hours more, in open violation of the laws and in defiance to the King’s colours and Commission.
“And lastly, that in the acting and compassing of all this, you were all, and every one of you, in a wicked combination, voluntarily to exert, and actually did, in your several stations, use your utmost endeavours to distress the said King’s ship, and murder his Majesty’s good subjects.”
To which they severally pleaded “Not Guilty.”
Then the court called for the officers of the Swallow, Mr. Isaac Sun, lieutenant, Ralph Baldrick, boatswain, Daniel Maclaughlin, mate, desiring them to view the prisoners, whether they knew them, and to give an account in what manner they had attacked and fought the King’s ship; and they agreed as follows:—