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.