Particularly ye stand indicted at the Information and Instance of Captain Chaloner Ogle, as Traytors, Robbers, Pyrates, and common Enemies to Mankind.
For that on the 10th of February last, in a Ship ye were possess’d of called the Royal Fortune, of 40 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 Wills, but was done also under a black Flag, flagrantly by that, denoting your selves common Robbers and Traitors, Opposers and Violators of the Laws.
And lastly, that in this Resistance, ye were all of you Voluntiers, and did, as such, contribute your utmost Efforts, for disabling and distressing the aforesaid King’s Ship, and deterring his Majesty’s Servants therein, from their Duty.
To which they severally pleaded, Not Guilty.
Whereupon the Officers of his Majesty’s Ship, the Swallow, were called again, and testified as follows.
That they had seen all the Prisoners now before the Court, and knew them to be the same which were taken out of one or other of the Pyrate Ships, Royal Fortune or Ranger, and verily believe them to be those taken out of the Royal Fortune.
That the Prisoners were possess’d of a Ship of 40 Guns, called the Royal Fortune, and were at an Anchor under Cape Lopez, on the Coast of Africa, with two others: When his Majesty’s Ship the Swallow, (to which the Deponents belong’d, and were Officers,) stood in for the Place, on Saturday the 10th of February 1721-2: The largest had a Jack, Ensign and Pendant flying, (being this Royal Fortune,) who on Sight of them, had their Boats passing and repassing, from the other two, which they supposed to be with Men: The Wind not favouring the aforesaid King’s Ship, she was obliged to make two Trips to gain nigh enough the Wind, to fetch in with the Pyrates; and being at length little more than random Shot from them, they found she slipped her Cable, and got under Sail.
At Eleven, the Pyrate was within Pistol-Shot, a Breast of them, with a black Flag, and Pendant hoisted at their Main-topmast Head. The Deponents say, they then struck the French Ensign that had continued hoisted at their Staff all the Morning till then; and display’d the King’s Colours, giving her, at the same Time, their Broadside, which was immediately returned.
The Pyrate’s Mizen-topmast fell, and some of her Rigging was torn, yet she still out sailed the Man of War, and slid half Gun-Shot from them, while they continued to fire without Intermission, and the other to return such Guns as could be brought to bear, till by favour of the Winds, they were advanced very nigh again; and after exchanging a few more Shot, about half an Hour past one, his Main-Mast came down, having received a Shot a little below the Parrel.