Then the said Court was Publickly and solemnly opened and Proclaimed and the Honorable William Dummer, Esqr., President, took the Oath directed in said Act, and afterwards Administred the same to the other Commissioners beforenamed.
The Court appointed Joseph Hiller, Gent., Notary Publick for the County of Suffolk within His Majesties sd. Province, Register of the said Court, And Edward Stanbridge, Marshall of the Court of Vice Admiralty, Provost Marshall of the said Court.
Then a Warrant issued out to the Provost Marshall to bring the Bodies of John Filmore[6] and Edward Cheesman[7] into Court, and accordingly they were brought to the Bar.
Then the Cryer made Proclamation for all Persons that could Give Evidence for the King against the Prisoners at the Bar to Come into Court and they should be heard.
Then the sd. Prisoners were arraigned upon Articles Exhibited against them for Piracy, Robbery and Felony, The Register reading them in the words following—
Articles of Piracy, Robbery and Felony Exhibited against John Filmore, Marriner, and Edward Cheesman, Ship Carpenter.
You and each of you stand Accused by His Maj'ties Advocate General of Felony, Pyracy and Robbery—
First, For that you the sd John Filmore, together with John Phillips, John Nutt, Samuel Ferne, Joseph Sparkes, William White and divers others, on or about the fifth day of September last past, by force and arm's, in or near a harbour upon Newfoundland upon the high sea (within the Jurisdiction of the Admiralty of Great Britain) Pyratically and Feloniously did surprize, seize and take three fishing vessels belonging to His Majesties good subjects, and then and there within the Jurisdiction aforesd., Feloniously and Pyratically with force as aforesd. did take and Carry away an Indian man named Isaac Lassen, and John Parsons, Marriner, one of His Maj'ties good subjects: And afterwards, viz. on or about the Middle of sd. month of September, on the high seas and within the Jurisdiction aforesd., he the sd John Filmore, in the Jurisdiction aforesd., with force as aforesd., Pyratically and Feloniously did surprize seize and take a scooner of the value of Five hundred pounds, —— Furber Master, belonging to His Majesties good subjects, and out of her then and there, within the Jurisdiction aforesd., Feloniously and Pyratically did seize, take and carry away a quantity of provision and cloth of the value of Fifty pounds.
Secondly, For that the said John Filmore, in Conjunction as aforesd., on or about the beginning of sd. month of September, near the harbour of St. Peters[8] upon the high seas and within the Jurisdiction aforesd., Piratically and Feloniously did then and there with force, etc., surprize, seize and take three fishing Vessels belonging to His Maj'ties good subjects, and then and there, within the Jurisdiction aforesd., with force as aforesd., Did Feloniously and Pyratically take and Carry away out of the sd. Vessels a quantity of Provisions of the Value of —— and Eight of their Men.
Thirdly, For that the sd. John Filmore, in Conjunction as aforesd. with one John Burrill, one or about the —— day of ——, upon the high seas and within the Jurisdiction aforesd., with force and arm's did Pyratically and Feloniously surprize and seize and take a French Vessel named ——, and of the Burthen of —— Tuns,[9] and out of her then and there as aforesd. did Piratically and Feloniously take and Carry away Thirteen Pypes of Wine of the Value of Three hundred pounds, a quantity of Bread, and a Great Gun and Carriage of the value of fifty pounds.