That they would hear further evidence for or against each person singly, in relation to those parts of the indictment which declared them volunteers or charged them with aiding and assisting at the burning, sinking, or robbing of other ships; for if they acted, or assisted, in any robberies or devastations it would be a conviction they were volunteers; here such evidence, though it might want the form, still carried the reason of the law with it.
The charge was exhibited also against the following pirates taken out of the Royal Fortune:—
| MEN’S NAMES. | SHIPS FROM. | TIME WHEN. | ||
| *Mich. Mare | in the Rover 5 years ago | |||
| *Chris. Moody | under Davis | 1718 | ||
| *Mar. Johnsony | a Dutch ship | 1718 | ||
| *James Philipsy | the Revenge, pirate sloop | 1717 | ||
| *David Symson | ⎫ | Pirates with Davis | ||
| *Tho. Sutton | ⎭ | |||
| *Hag. Jacobson | a Dutch ship | 1719 | ||
| *W. Williams (1) | ⎫ | Sudbury, Captain Thomas, Newfoundland | ||
| *Wm. Fernon | ⎬ | ⎫ | June, 1720 | |
| *W. Williams (2) | ⎪ | ⎭ | ||
| *Roger Scot | ⎭ | |||
| *Tho. Owen | ⎫ | York of Bristol | ⎫ | May, 1720 |
| *Wm. Taylor | ⎭ | ⎬ | ||
| *Joseph Nositer | Expedition of Topsham | ⎭ | ||
| *John Parker | Willing Mind of Pool | ⎫ | July, 1720 | |
| *Robert Crow | Happy Return sloop | ⎪ | ||
| *George Smith | Mary and Martha | ⎬ | ||
| *Ja. Clements | Success sloop | ⎪ | ||
| *John Walden | Blessing of Lymington | ⎭ | ||
| *Jo. Mansfield | from Martinico | |||
| +James Harris | Richard Pink | |||
| *John Philips | a fishing boat | |||
| Harry Glasby | ⎫ | Samuel, Capt. Cary | ||
| Hugh Menzies | ⎭ | July, 1720 | ||
| *Wm. Magnus | ||||
| *Joseph Moor | May Flower sloop | Feb., 1720 | ||
| +John du Frock | ⎫ | Lloyd galley, Captain Hyngston | ||
| Wm. Champnies | ⎬ | ⎫ | May, 1721 | |
| George Danson | ⎪ | ⎭ | ||
| +Isaac Russel | ⎭ | |||
| Robert Lilbourn | ⎫ | Jeremiah and Ann, Capt. Turner | ||
| *Robert Johnson | ⎬ | ⎫ | April, 1721 | |
| Wm. Darling | ⎪ | ⎭ | ||
| +Wm. Mead | ⎭ | |||
| Thomas Diggles | Christopher snow | ⎫ | April, 1721 | |
| *Ben. Jeffreys | Norman galley | ⎪ | ||
| John Francia | a sloop at St. Nicholas | ⎪ | ||
| *D. Harding | a Dutch ship | ⎬ | ||
| *John Coleman | Adventure sloop | ⎪ | ||
| *Charles Bunce | a Dutch galley | ⎪ | ||
| *R. Armstrong | ditto run from the Swallow | ⎭ | ||
| *Abra. Harper | ⎫ | Onslow, Capt. Gee at Sestos | May, 1721 | |
| *Peter Lesly | ⎪ | |||
| *John Jessup (1) | ⎪ | |||
| Tho. Watkins | ⎪ | |||
| *Philip Bill | ⎬ | |||
| *Jo. Stephenson | ⎪ | |||
| *James Cromby | ⎪ | |||
| Thomas Garrat | ⎪ | |||
| +George Ogle | ⎭ | |||
| Roger Gorsuch | ⎫ | Martha snow | Aug., 1721 | |
| John Watson | ⎭ | |||
| William Child | ⎫ | Mercy galley at Callabar | Oct., 1721 | |
| *John Griffin | ⎬ | |||
| *Pet. Scudamore | ⎭ | |||
| Christ. Granger | ⎫ | Cornwall galley at Callabar | ||
| Nicho. Brattle | ⎪ | |||
| James White | ⎪ | |||
| Tho. Davis | ⎬ | ⎫ | Oct., 1721 | |
| Tho. Sever | ⎪ | ⎭ | ||
| *Rob. Bevins | ⎪ | |||
| *T. Oughterlaney | ⎪ | |||
| *David Rice | ⎭ | |||
| *Rob. Haws | Joceline, Capt. Loane | ditto. | ||
| Hugh Riddle | ⎫ | Diligence boat | Jan., 1721 | |
| Stephen Thomas | ⎭ | |||
| *John Lane | ⎫ | King Solomon | ||
| *Sam. Fletcher | ⎪ | |||
| *Wm. Philips | ⎬ | ditto. | ||
| Jacob Johnson | ⎪ | |||
| *John King | ⎭ | |||
| Benjamin Par | Robinson, Capt. Kanning | ditto. | ||
| William May | ⎫ | Elizabeth, Capt. Sharp | ⎫ | ditto. |
| Ed. Thornden | ⎭ | ⎪ | ||
| *George Wilson | ⎫ | Tarlton of Liverpool at Cape La Hou | ⎬ | |
| Edward Tarlton | ⎬ | ⎭ | ||
| *Robert Hays | ⎭ | |||
| Thomas Roberts | ⎫ | Charlton, Capt. Allwright | Feb., 1721 | |
| John Richards | ⎬ | |||
| John Cane | ⎭ | |||
| Richard Wood | ⎫ | Porcupine, Capt. Fletcher Whydah road | ⎬ | Feb., 1721 |
| Richard Scot | ⎪ | |||
| Wm. Davison | ⎬ | |||
| Sam. Morwell | ⎪ | |||
| Edward Evans | ⎭ | |||
| *John Jessup (2) | surrendered up at Princes | |||
“You, Harry Glasby, William Davison, William Champnies. Samuel Morwell, &c.
“Ye, and every one of you, are, in the name and by the authority of our most dread sovereign lord, George, King of Great Britain, indicted as follows:—
“Forasmuch as, in open contempt and violation of the laws of your country, to which ye ought to have been subject, ye have all of you been wickedly united and articled together for the annoyance and destruction of his Majesty’s trading subjects by sea; and, in conformity to so wicked an agreement and association, ye have been twice lately down this coast of Africa—once in August, and a second time in January last—spoiling and destroying many goods and vessels of his Majesty’s subjects, and other trading nations.
“Particularly ye stand indicted at the information and instance of Captain Chaloner Ogle, as traitors, robbers, pirates, and common enemies to mankind.
“For that on the 10th of February last, in a ship ye were possessed of, called the Royal Fortune, of forty guns, ye did maintain a hostile defence and resistance for some hours against his Majesty’s ship the Swallow, nigh Cape Lopez Bay, on the southern coast of Africa.
“That this fight and insolent resistance against the King’s ship was made not only without any pretence of authority, more than that of your own private depraved will, but was done also under a black flag, flagrantly by that donoting yourselves common robbers and traitors, opposers and violaters of the laws.