That they had viewed all the prisoners as they stood now before the court, and were assured they were the same taken out of one or other of the pirate ships, Royal Fortune or Ranger; but verily believe them to be taken out of the Ranger.
That they did, in the King’s ship, at break of day, on Monday, the 5th of February, 1721-2, discover three ships at anchor, under Cape Lopez, on the southern coast of Africa, the Cape bearing then W.S.W. about three leagues, and perceiving one of them to have a pendant flying, and having heard their morning-gun before, they immediately suspected them to be Roberts the pirate, his consort, and a French ship they knew had been lately carried out of Whydah road.
The King’s ship was obliged to haul off N.W. and W.N.W. to avoid a sand called the French Man’s Bank, the wind then at S.S.E. and found, in half an hour’s time, one of the three had got under sail from the careen, and was bending her sails in a chase towards them. To encourage this rashness and precipitancy, they kept away before the wind, as though afraid, but with their tacks on board, their main-yard braced, and making, at the same time, very bad steerage.
About half an hour after ten in the morning, the pirate ship came within gunshot, and fired four chase-guns, hoisted a black flag at the mizen-peak and got their spritsail yard under their bowsprit for boarding. In half an hour more, approaching still nigher, they starboarded their helm and gave her a broadside, the pirate bringing-to and returning the same.
After this, the deponents say, their fire grew slack for some time, because the pirate was shot so far ahead on the weather-bow, that few of their guns could point to her; yet in this interval their black flag was either shot away or hauled down a little space and hoisted again.
At length, by their ill-steerage and favour of the wind, they came near a second time; and about two in the afternoon shot away their maintopmast.
The colours they fought under, besides a black flag, were a red English ensign, a King’s jack, and a Dutch pendant, which they struck at, or about, three in the afternoon, and called for quarter; it proving to be a French-built ship of 32 guns, called the Ranger.
Isaac Sun.
Ralph Baldrick.
Daniel Maclauglin.
When the evidence had been heard the prisoners were called upon to answer how they came on board this pirate ship, and their reason for so audacious a resistance as had been made against the King’s ship.
To this each, in his reply, owned himself to be one of those taken out of the Ranger; that he had signed their piratical articles, and shared in their plunder, some few only excepted who had been there too short a time, but that neither in this signing or sharing, nor in the resistance that had been made against his Majesty’s ship, had they been volunteers, but had acted in these several parts from a terror of death, which, by a law amongst them, was to be the portion of those who refused. The court then asked, Who made those laws? How those guns came to be fired? Or why they had not deserted their stations and mutinied when so fair a prospect of redemption offered? They replied still with the same answers, and could extenuate their crimes with no other plea than being forced men. Wherefore the court were of opinion that the indictment, as it charged them with unlawful attack and resistance of the King’s ship, was sufficiently proved; but then it being undeniably evident that many of these prisoners had been forced, and some of them of very short standing, they did, on mature deliberation, come to this merciful resolution:—