Fourthly, For that the sd. John Filmore, in Conjunction as aforesd., on or about the —— day of the month of —— last,[10] upon the high seas and within the Jurisdiction aforesd., with force, etc., did Feloniously and Pyratically surprise, seise and take a Brigantine named ——,[11] One Moor Master, and belonging to His said Majesties good subjects, and out of Her then and there in manner as aforesd. did take and Carry away Cloths and Provisions of the Value of Two Hundred pounds.
Fifthly, For that the sd. John Filmore, in Conjunction as aforesd., on or about the month of ——[12] last, upon the high sea and within the Jurisdiction aforesd., with force, etc., Did Piratically and Feloniously surprise, seise and take a Brigantine named the ——, one Reed Master, and belonging to His Maj'ties good subjects, bound to Virginia with servants, and on or about seven days after, the sd. John Filmore, in Conjunction with sundry others, upon the high sea within the Jurisdiction aforesd., Feloniously and Pyratically with force and Arms as aforesd. did surprise, seize and take a Portuguese Brigantine bound to Brazel, and in manner as aforesd. did out of her take and Carry away a Negro Man slave named Francisco, of the Value of One hundred pounds, three Dozen of shirts of the Value of forty pounds, a Cask of Brandy and Provisions of the Value of Thirty pounds.
Sixthly, For that the sd. John Filmore, in Conjunction as aforesd., on or about the twenty seventh day of October last, in the Lattitude of Bermudas, on the high seas and within the Jurisdiction aforesd., with force and arms Did Piratically and Feloniously surprise, seize and take the sloop named Content, George Barrow Master, belonging to His Maj'ties good subjects, and out of her then and there in manner as aforesd. did seise, take and Carry away John Masters, the Mate of the sd. Ship, and plate and Provisions to the Value of One hundred pounds.
Seventhly, For that the sd. John Filmore, in Conjunction as aforesd., on or about the seventh day of February last past, in the Lattitude of 37 or thereabouts, on the high sea and within the Jurisdiction aforesd., with force and arms Pyratically and Feloniously did surprize, seize and take a ship bound from London to Virginia,[13] one —— Huffam Master, and belonging to His Maj'ties good subjects, and out of her then and there, in manner as aforesd., did Feloniously and pyratically take and Carry away one Great Gun and Carriage, Cloathing, and a quantity of powder and Ball, all of the Value of One hundred pounds.
Eighthly, For that the sd. John Filmore and Edward Cheesman, in Conjunction as aforesd., on or about the month of —— last,[14] near the Isle of Shoals, on the high sea and within the Jurisdiction aforesd., with force and Arms Pyratically and Feloniously did surprize, seize and take an Isle of Shoals Sloop, John Salter Master, and belonging to His Maj'ties good subjects, in which the sd John Fillmore and Edward Cheesman did Enter, in Conjunction with sd Phillips, Nutt, Burril and Archer, together with their Guns, Ammunition and provision, etc. and Did also then and there, within the Jurisdiction aforesd., with force as aforesd., Feloniously and Pyratically surprise, seize and take a schooner, One —— Chadwell Master, and also belonging to His Maj'ties Good subjects.[15]
Lastly, For that the said John Filmore and Edward Cheesman, in Conjunction as aforesd., on or about the fourteenth day of April last past, on the high sea and within the Jurisdiction aforesd., with force and arms did Feloniously and Pyratically surprise, seise and take a sloop,[16] Andrew Harradine Master, and belonging to His Maj'ties good subjects, and on the fifteenth following, with force, etc., Feloniously and pyratically did Enter with all their Guns, Ammunition and Provision, on board sd Sloop. All which sd. acts of Pyracy, Robbery and Felony were by you and each of you done and Committed in manner as aforsd., Contrary to the statutes and the Laws in that Case made and Provided.
Robt. Auchmuty, Adv. Genl.[17]
Andrew Harradine, Master of the Sloop Squirell, Deposeth That on or about the fourteenth of April last past, about twelve Leagues South East of the Isle of Sables,[18] he was met and taken by Phillips the Pyrate, who demanded and took from him his vessel, being a better Sailor than that they were in. That he knows both the Prisoners at the Bar, saw them on board the Pyrate when he was taken, but did not see them armed, that neither of them went on board vessels when they were taken. That John Filmore, the day after that this Depont. was taken, Declared his mind to him and the minds of several others, to rise upon the Pyrates in order to subdue them and Endeavour their escape. That Edward Cheesman, upon the rising, threw Nutt the Master of the Pyrate over board, That John Filmore struck Burrell the Boatswain on the head with a broad ax, whilst the Depont. and others Dispatcht the Captain and Gunner.[19]
John Masters, late Mate of the Sloop Content, Deposed That on or about the 27th of October last, he was taken out of the sd sloop Content, George Barrow Master, in the Lattitude of Barbado's, by the Pyrate Phillips, was kept by the Pyrates four Months and then released, That whilst he was on board they took a ship from London bound to Virginia, one —— Huffam Master, That Nutt the Master of the Pirate, Rose-Archer the Quarter Master,[20] and some others went on board, and as this Depont. can Remember, John Filmore, one of the Prisoners at the Bar, was forced to go on board with them, That the sd. Filmore spoke to this Deponent several times about rising upon the Pyrates, whilst this Depont. was onboard.
William Lancy, Fisherman, Deposed That he was taken by the Pyrate Phillips and kept on board the Pyrate while they took nine Vessels, that he never saw the Prisoners at the Bar take up arms at any time, that they always seemed to him to be forced men.