Chapter XIII: Part 13

Proclamation being made as usual, the Register opened and read the Governor's especial Commission, for erecting this Court according to the Intent and Meaning of a late Act of Parliament, Entitled, _An Act for the more effectual Suppression of Pyracy_, by Virtue of which said Commission, the seven afore-named Commissioners are appointed Assistant Judges, for the hearing, trying, judging, and condemning the several Persons now in Custody, who stand committed for Mutiny, Felony, and Pyracy.

Proclamation being again made, that all Persons concern'd or summon'd, and required to appear at this Court, do give their due Attendance.

Ordered, That the Prisoners be brought to the Bar, which being done, they were called by their respective Names, viz. _John Augur_, _Will. Cunningham_, _John Hipps_, _Dennis Mackarthy_, _George Rounsivel_, _Will. Dowling_, _Will. Lewis_, _Thomas Morris_, _George Bendall_, and _Will. Ling_.

Ordered, That the afore-named Prisoners, now at the Bar, do all hold up their Hands.

Ordered, That the Accusation against the Prisoners be read, which was as follows.

_New Providence_, ss.

The Articles and Accusations against _John Augur_, late Master of the Sloop _Mary_, of _Providence_; _William Cunningham_, Gunner and Mariner, on board the Schooner, called the _Batchelors Adventure_; _Henry White_, Master, _John Hipps_, Boatswain and Mariner, on board the Sloop _Lancaster_; _William Greenaway_, Master, _Dennis Mackarthy_, Mariner, on board the _Scooner_, _William Dowling_, Mariner, on board the said _Scooner_; _William Lewis_, Mariner, on board the Sloop _Mary_; _Tho. Morris_, Mariner, on board the said _Scooner_; _George Bendall_, Mariner, on board the said Sloop _Lancaster_, and _William Ling_, Mariner, on board the said _Scooner_.

You the said _John Augur_, _Will. Cunningham_, _John Hipps_, _Dennis Mackarthy_, _George Rounsivel_, _William Dowling_, _William Lewis_, _Thomas Morris_, _George Bendall_, and _William Ling_, having all of you lately received the Benefit of his Majesty's most gracious Pardon, for your former Offences and Acts of Robbery and Pyracy, and having since taken the Oaths of Allegiance to his most sacred Majesty King _George_, and thereupon Trust has been reposed in you the said _John Augur_, and in the others of you, lawful Employments been bestow'd to divert you all from your former and unlawful Courses of Life, and to enable and support you all in just and lawful Ways of Living; and you not having the Fear of God before your Eyes, nor any Regard to your Oaths of Allegiance taken to your Sovereign, nor to the Performance of Loyalty, Truth, and Justice: But, being instigated and deluded by the Devil, to return to your former unlawful evil Courses, of Robbery and Pyracy, and that you _John Augur_, _Will. Cunningham_, _John Hipps_, _Dennis Mackarthy_, _George Rounsivel_, _Will. Dowling_, _Will. Lewis_, _Tho. Morris_, _Geo. Bendall_, and _Will. Ling_, late Master and Mariners aforesaid, did on the 6th Day of _October_ last, about Seven in that Evening, in the 5th Year of the Reign of our Sovereign Lord _George_, by the Grace of God, King of _Great Britain_, &c. plot and combine together, at a desolate Island, called _Green Key_, within the Jurisdiction of this Vice-Admiralty, to mutiny and feloniously and pyratically steal, take, and carry away, from the Commanders and Owners of the afore-named Vessels, the said Sloops and Cargoes, Tackle, Apparel, and Furniture, to the Value of above 900 l. current Money of these Islands, and by Force cause to be put ashore on the said desolate Island, one Mr. _James Kerr_, Merchant, and sundry others with him; and the said _John Augur_, as then Commander of one of the said Sloops, did proceed as Commander of the said Pyrates from the said Island of _Green Key_ to _Exuma_, whereby, by Virtue of a Commission, directed to Captain _John Cockrem_ and Captain _Benjamin Hornigold_, you the said _John Augur_, and the rest of your pyratical Company, were there taken and apprehended as Pyrates, and thereupon brought into this Port, to be proceeded against according to Law.

The Prisoners holding up their Hands, and the Accusation being read, all the said Prisoners were asked by the Register, Whether Guilty, or, Not Guilty; and they pleaded Not Guilty.

Ordered, That the Evidence for the King be severally sworn and examined.

James Kerr.

The Examination of _James Kerr_, Gent. upon Oath saith, That he being Supercargo in Trust, and outward bound from _Providence_, a trading Voyage in the Sloop _Mary_, and in about two Days Sail from the said Island, did arrive at _Green Key_ with two other Vessels in Company, bound also on the said trading Account, where, on the 6th of _October_ last, one _Phineas Bunce_, one of the said Vessel's Company, and the head Mutineer of the Pyrates now at the Bar, but since deceas'd, did then and there come on board the said Sloop _Mary_, and very vilely treat this Deponent, and in the Evening did turn the Deponent ashore upon the said _Green Key_, a desolate Island; and this Deponent farther saith, that _Dennis Mackarthy_, one of the Prisoners now at the Bar, was the only Person of all the said Pyrates and Mutineers who shew'd this Deponent any civil Treatment, and that the said _Mackarthy_ did not reflect on the King and Government as others of them now at the Bar did, in this Deponent's Hearing.

Wm. Greenaway.

The Examination of Captain _William Greenaway_ upon Oath saith, That on the 6th of _October_ last _John Hipps_, one of the Prisoners now at the Bar, with some others of them, came on board the Vessel under this Deponent's Command, and then riding at _Green Key_, with Pretensions of getting Tobacco, and told this Deponent, that Mr. _Kerr_ had a Mind to sail that Night; and this Deponent having order'd his Boat to go on board the Scooner, then belonging to the said Company, to give them Notice of the said _Kerr_'s Design; in which Interim came on board _John Augur_ and _George Rounsivel_, both Prisoners now at the Bar, _James Matthews_ and _John Johnson_, who wanted this Deponent to go on board the Scooner, which he did, where _Phineas Bunce_, since dead, met this Deponent at the Side; upon which, this Deponent demanded of the said _Bunce_, the Reason he did not prepare for sailing, as the rest did. Whereupon _Bunce_, the head Mutineer, asked this Deponent to walk down into the Cabbin, and, when there, _Bunce_ asked him to sit down by him; whereupon the said _Bunce_ told this Deponent, he was his Prisoner; upon which, _Dennis Macarthey_, now Prisoner at the Bar, presented a Pistol at this Deponent's Breast, and told him, if he spoke a Word, he, this Deponent, was a dead Man; and the said _Phineas Bunce_ told this Deponent, he had best be easy, for that the better Part of the People belonging to the Sloop _Mary_ was on his Side, as were some of the People he had with him. And then the said _Phineas Bunce_, with others, the Mutineers, went on board the Sloop _Mary_, and took her. But this Deponent cannot particularize the Names of the Men who were with _Bunce_, being Night-time. Afterwards the said _Bunce_, and the Prisoners now at the Bar, except _John Hipps_, put Mr. _James Kerr_, _Richard Turnly_, _Thomas Rich_, _John Taylor_, and _John Cox_, all ashore at _Green Key_, a desolate Island, and had the Boat ready prepared to carry this Deponent ashore also; but _Bunce_ hereupon declared, that this Deponent, being a _Bermudian_, would swim aboard again, and therefore confin'd this Deponent a Prisoner, and plundered his Vessel, leaving him not wherewithal to proceed any where, but a small Quantity of Flower and Beef, obliging this Deponent not to sail from _Green Key_ in 24 Hours after his Departure; but this Deponent did sail the next Morning for _Providence_, and, in his Way, fell in Sight of the said Mutineers and Pyrates, of whom the Prisoners at the Bar were some, who gave Chase. Whereupon this Deponent went back to _Green Key_, and took to the Shore, where he saw the Pyrates and said Mutineers cut away the Mast of this Deponent's Vessel, and then were coming on Shore, as this Deponent apprehended, to take his Person. Whereupon this Deponent made his Escape to hide himself from them upon the said _Key_. Then the People who were left on board this Deponent's Vessel, coming ashore, told this Deponent, that the Pyrates had scuttled her, turn'd the Yawl adrift, and from _Green Key_ the said Pyrates proceeded to _Stocking_ Island, where meeting the _Spaniards_, the Pyrates were themselves taken, and put ashore.

John Taylor.

The Examination of _John Taylor_ upon Oath saith, That all the Prisoners at the Bar, except _John Hipps_, did join with _Bunce_, the Mutineer; and that _Bunce_ and two more, whom the Deponent knew not, being Night, took the Vessel he belong'd to; and further saith, That _John Hipps_ was at first confined with the said _Greenaway_ by _Bunce_.

Richard Turnly.

The Examination of _Richard Turnly_ upon Oath saith, That on the 6th of _October_ last, _Bunce_ the head Mutineer and two others, naming _William Dowling_ and _Thomas Morris_, Prisoners at the Bar, did come on board the Sloop _Mary_ at _Green Key_, and ask'd Mr. _Kerr_ and this Deponent for a Bottle of Beer, which was given them, and afterwards a Second, and they commanded a third; and then with the Men, belonging to the said Sloop _Mary_, took up Arms, and took Mr. _Kerr_, _Thomas Cox_, and this Deponent Prisoners, and forced them to go on Shore at _Green Key_, a desolate Island, about 25 Leagues distant from _Providence_.

John Cox.

The Examination of _John Cox_ upon Oath saith, That he being on board the Sloop _Mary_, of which _John Augur_ went out of _Providence_ Master: The said _John Augur_ came on board his said Sloop in the Evening of the 6th Day of _October_ last, and lay down as if he designed to sleep. Soon after, Capt. _Greenaway_, Master of the Sloop _Lancaster_, came on board, and ask'd the said _Augur_, if he intended to set Sail? He answer'd, he could not tell; thereupon Captain _Greenaway_ went on board the Scooner, call'd the _Batchelor's Adventure_, _Henry White_, Master, and in about half an Hour afterwards, came on board another Boat with _John Hipps_, _Greenaway_'s Boatswain, to enquire for Captain _Greenaway_; and in a little Time after, _Phineas Bunce_ came on board the Sloop _Mary_ from the _Scooner_ with 2 or 3 Men more. _Bunce_ ask'd for Captain _Augur_, and whether they had any Thing to drink, and coming to Mr. _Kerr_, ask'd him for a Bottle of Beer, which Mr. _Kerr_ gave him; then the said _Bunce_ went into the Cabbin, and brought up a Cutlash, and stood at the Cabbin-Door to drink, and swore that he was Captain of that Vessel, and would be so, which made Captain _Augur_ ask him his Meaning; but presently the said _Bunce_ and _Augur_ seem'd to be good Friends, and _Bunce_ ask'd for another Bottle of Beer, then struck Mr. _Kerr_ with a Cutlash on his Back, and turn'd him and others ashore; and this Deponent well knew all the several Prisoners at the Bar, except _Hipps_ the Boatswain, and that all the rest were Aiders, Assistants, and Abettors to the Mutiny, Felony, and Pyracy, committed upon the Vessels and Cargoes at _Green Key_.

Thomas Rich.

The Examination of _Thomas Rich_ upon Oath saith, That he knows the several Prisoners at the Bar; and that they all, except _Hipps_, were the Actors of the Mutiny and Pyracy, committed upon the Vessels and Cargoes at _Green Key_; and this Deponent was taken by them in the _Mary_ Sloop, and put ashore with Mr. _Kerr_ and the other Evidences for the King.

Thomas Petty.

The Examination of _Thomas Petty_ upon Oath saith, That he saw _Hipps_ beat by _Bunce_, and believes he was forced to go with him; and that _Bunce_ would have forc'd this Deponent also; but _Dennis Mackarthy_, Prisoner at the Bar, said if _Bunce_ forc'd the Deponent, he the said Prisoner would leave _Bunce_ and his Company.

And then the Court adjourn'd till 3 a-Clock in the Afternoon.

The Court being met according to Adjournment, and all the Evidences for the King being called and examined, then the Prisoners at the Bar were severally called, to know what Defence each had to make, _viz._

John Augur.

_John Augur_ being first called to make Defence for himself, saith no other than that he was in Liquor, and knew not of _Phineas Bunce_ his Design, when the said _Bunce_ enter'd on board the Sloop _Mary_, whereof the Prisoner was Master; but could call no Evidence to prove himself not guilty.

Wm. Cunningham.

_William Cunningham_ being next called and examined said, That he was asleep when _Bunce_ went on board the _Scooner_ (to which the Prisoner belong'd) at _Green Key_, and that _Bunce_ brought the said Prisoner Punch, and told him, that he the Prisoner must either join him the said _Bunce_, or be put upon a _Moroon Key_, _alias_ a desolate Key.

John Hipps.

_John Hipps_, Prisoner, said in his Defence, that he did not in any wise enter with _Bunce_ and his Company; but went on board the aforesaid _Scooner_, to enquire for _William Greenaway_ his Captain, where he was immediately confined by _Bunce_, together with _Greenaway_, and afterwards put on Shore with Mr. _Kerr_ and others, where _Bunce_ beat the said Prisoner, and compell'd him at length to join _Bunce_, but nevertheless declared his Intention to leave the said _Bunce_ and Company on the first Opportunity, and desired Mr. _Kerr_, Captain _Greenaway_, _Richard Turnly_, _Thomas Terrell_, _Benjamin Hutchins_, _John Taylor_, _John Janson_, _Thomas Petty_ and _David Meredith_, might be examin'd for him.

Mr. _James Kerr_ being sworn as Evidence for the Prisoner declared, That _Bunce_ used much threatning Language against _John Hipps_, Prisoner, that if he did not join him the said _Bunce_ and pyratical Company, and go with them into a Boat, provided on Purpose to carry the Pyrates to their Rendezvous, _Hipps_ should repent the Refusal; and farther says, that he saw or knew of no Blows given to compel the Prisoner to assist or join the said Pyrates, but that the Prisoner afterwards accepted the Office and Command of Boatswain to the said pyratical Company.

Captain _Greenaway_ being sworn for the Prisoner says, that the Prisoner went with him on board the _Scooner_, and was in the Cabbin with him, and made Prisoner with him on board the said _Scooner_, where the Prisoner made Proposal to the Deponent to surprize _Dennis Mackarthy_, Prisoner at the Bar, then a Centinel upon Deck, and throw the said _Mackarthy_ over-board; but the Deponent seeing no Probability of escaping the Rest, advised the Prisoner to keep his Mind to himself, till he could have a better Opportunity; and farther saith, that the Prisoner was put ashore with Mr. _Kerr_, &c.

_Richard Turnly_ being sworn for the Prisoner deposed, That to the best of his Knowledge and Remembrance, the Prisoner was forc'd to accept of any Duty the said _Bunce_ and Company put upon him, if the Command of Words be allowed by the Court sufficient to excuse him; but he never saw _Bunce_, or any of the rest of the Pyrates, use Blows to force him to join them.

_Thomas Terrell_, Inhabitant, being sworn, gave the Prisoner the Character of being an honest Man, who was recommended to him by _Thomas Bowling_, Master of the Sloop _Sarah_, belonging to the said _Thomas Terrell_, that during a late Voyage perform'd to _Cuba_, about two Months ago, there was a Mutiny suspected by _Thomas Bowling_, of which the said _Bowling_ declared, that _John Hipps_ Prisoner, was not only innocent, but believed a Suppressor of the said Mutiny; and farther declares, that _Thomas Bowling_ had acknowledged the Safety of the Vessel to be much owing to _John Hipps_, Prisoner at the Bar.

_Benjamin Hutchins_ being sworn for the Prisoner, and examined, declared, that the Prisoner after having been matriculated and seduced by _Bunce_ and his Accomplices, often complain'd to him the Deponent, that he would desert them the first Opportunity, and shew'd his Intentions by many Tears shed, as Tokens of Sorrow for his late Misfortune.

_John Taylor_ being examined upon Oath declared, that the Prisoner was confined as a Person not trusted by _Bunce_ and his pyratical Company.

_John Jansen_ being examined upon Oath, had nothing to declare for or against the Prisoner worth Notice.

_Thomas Petty_ being sworn for the Prisoner declared, that _Bunce_ threatned the Prisoner, that if he would not consent to be of his pyratical Company, he should be frequently beat; and also be put on the first _Moroon Key_, where he might not find Provision, Water, or any other Sustenance, which the Deponent thinks compell'd the Prisoner to proceed with _Bunce_ for his Safety.

_David Meredith_ being also examined upon Oath declared, That when _Phineas Bunce_ first made Seizure of the Vessel, he particularly spoke to _Hipps_ the Prisoner, that if he would not take on in their Way, he the said _Bunce_ would moroon him, upon some desolate Key or Island; and the more to compel him, gave him several Blows with his Cutlash, and thinks the Prisoner was forced to join with _Bunce_, &c.

Dennis Mackarthy.

_Dennis Mackarthy_ Prisoner being next called, and desiring that Mr. _Kerr_, Captain _Greenaway_, _John Taylor_, _Thomas Rich_, and _Thomas Petty_, might be admitted to give Evidence for him.

Mr. _Kerr_ being examined upon Oath declared, That _Mackarthy_, Prisoner, was as active as any other of the Prisoners in their pyratical Designs, and has nothing more to speak in his Favour, than that the Prisoner treated him and all others that were of the Deponent's Company, with more Civility than any others of the pyratical Crew did.

Captain _Greenaway_ being sworn for the Prisoner declared, That when _Bunce_ beat the said Deponent, the Prisoner said, that he would see who ought to be Strikers amongst them for the future.

_John Taylor_ being examined upon Oath declares, that the Prisoner should say, that he would leave _Bunce_ and his Accomplices.

_Thomas Rich_ being sworn declares, that he heard the Prisoner say, that since he had begun, he thought himself obliged to go on with them, meaning _Bunce_ and his pyratical Company.

_Thomas Petty_ being also sworn declares, That after _Mackarthy_ had been an Accomplice of _Bunce_'s Pyracy, he heard the Prisoner say, he was sorry for his Unadvisedness, which might bring great Troubles on his poor Wife, having a small Child.

George Rounsivel.

_George Rounsivel_, Prisoner, being next called, desired _Turnly_ to be Evidence for him; who being sworn, declared, That _Geo. Rounsivel_, after having consented to be of _Bunce_'s pyratical Company, shew'd some Token of Sorrow, but withal said, that as he had begun, could not without Danger of Life, desert the Pyrates he had combined with.

Wm. Dowling.

_William Dowling_, Prisoner, being next called, and desiring _Thomas Petty_ to be Evidence for him, he was sworn, and said, that he had very little to say for him, because he had seen the Prisoner as consenting to their pyratical Designs as any of the said Prisoners.

William Lewis.

_William Lewis_, Prisoner, being next called, had very little to say for himself, otherwise than that one _David Meredith_ had heard him say, he wished to be at _John Cullemore_'s House to drink a Bottle of Beer, which _David Meredith_, being sworn as Evidence for the Prisoner, only confirmed.

Thomas Morris.

_Thomas Morris_, Prisoner, being next called, had very little else to say, than that he had the Fever and Ague when he was first commanded by _Bunce_ to join them, and desiring _Thomas Rich_ as Evidence, he was sworn, and declared, that the Prisoner, as much as he took Notice of him, appeared as active as the most capable, and could not say, that the Prisoner ever relented.

George Bendall.

_George Bendall_, Prisoner, being next called, and desiring _Richard Turnly_ for Evidence, he was sworn, and declared, that the Prisoner was desired to make his Escape, but was resolved to continue with the Pyrates.

William Ling.

_William Ling_, Prisoner, being next called, who having nothing to say farther, than a Request that _Richard Turnly_ might give in Evidence for him; he was sworn, and declared, that the Prisoner bore Arms, and was as resolved as any of the Pyrates.

Then the Court adjourned till Ten a-Clock next Morning, being the 10th Instant.

_December_ 10, 1718.

The Court having met according to the Adjournment, and Proclamation made, the Prisoners were again brought to the Bar, and severally ask'd, if they had considered of any farther Evidence or Defence they could propose.

First, _John Augur_ had no more to offer, in his Justification than before.

The second, _William Cunningham_, the same as before.

The Third, _John Hipps_ having the same Question put, answer'd, that if _John Raddon_ and _Henry White_ had not been absent, they could have declared many Things in his Favour.

Then the Court proposed to every Person, who was an Auditor of the Trial, that any might have Leave to declare upon Oath, any Thing they had heard _John Raddon_ or _Henry White_ say in Behalf of _John Hipps_, Prisoner: Upon which, _Samuel Lawford_, Constable, appear'd, and being sworn, declared, That he heard _George Raddon_ say, that he should have been glad to have done the old Boatswain any Service, meaning _Hipps_, the Prisoner at the Bar; for the said _Raddon_ had seen him cry for his having consented, tho' by Force, to join _Bunce_, &c. the Prisoner having also declared to _Raddon_, that he would fight each of the Pyrates singly, if he could by that Means get clear of them. This Deponent farther said, that _Raddon_ told him, he firmly believed the Prisoner at the Bar would have escaped from the other Pyrates, as soon as he could have got an Opportunity.

The Fourth, _Dennis Mackarthy_, Prisoner, made some faint Excuse, and at length desired Captain _Benjamin Hornigold_, as farther Evidence for him; who being sworn, declared, That when he the said _Hornigold_ went to apprehend the Prisoners, who were on one of the _Exuma_ Keys, he the said Prisoner was one of the first taken, and seem'd to the said _Hornigold_ to throw himself, and to have Dependance, on the Mercy of the Governor.

The Fifth, _George Rounsivel_, Prisoner, had no farther Plea to make.

The Sixth, _William Dowling_, Prisoner, only desired _Thomas Petty_ to be again call'd, who being sworn, only declared, That he the Prisoner had Offers made by the _Spaniards_ to go in their Service, but the Prisoner refused them.

The Seventh, _William Lewis_ desired _Richard Turnley_ might be again called, who being sworn, declared, That he the Deponent did not see the said Prisoner when the Sloop _Mary_ was first taken, but the Day after he saw the Prisoner under Arms, as active as any one of the Pyrates.

The Eighth, _Thomas Morris_, Prisoner, had little more to say than pretending that several Persons who were absent, would say something in his Justification; but no one present declared any Thing in his Favour.

The Ninth, _George Bendall_, Prisoner, had nothing to plead for himself; but desiring Mr. _Kerr_ for Evidence, he was sworn, and declared, That he heard the Prisoner say, that he wish'd he had begun the Life sooner, for he thought it a pleasant One, meaning that of a Pyrate; and farther deposed, that the Prisoner reported, that he had once a strong Inclination to have smother'd _John Graves_, Esq; his Majesty's Collector for the Islands, as he lay feeble in his Bed, whose Servant the Prisoner was, but a short Time before he shipp'd himself for the intended Voyage, when he join'd the other Prisoners at the Bar in their Mutiny and Pyracy.

_David Meredith_ being also sworn, declared, That _Bunce_ did once beat the Prisoner, who told him, that if _Bunce_, &c. beat him once more, he would desert them the first Opportunity.

The Tenth, _William Ling_ had nothing farther to say for himself.

Then the Prisoners were remanded to the Fort; after which, all Manner of Persons were commanded by Proclamation to withdraw.

Then the Court summ'd up the Evidences for the King and the Prisoners, which being debated and considered, all the Prisoners, except _John Hipps_, were unanimously voted guilty of their Indictment, and the Register was ordered to draw up their Sentence. It was thought convenient to respite the Judgment on _John Hipps_, Prisoner, till _Monday_ next; and the Court adjourn'd till Four this Afternoon, at which Time being met according to Adjournment, and Proclamation made, the Prisoners were brought to the Bar. Then _John Hipps_ was remanded to the Guardship in Irons, and all the rest asked, if they knew any Cause why Sentence of Death should not be pronounced against them? They had nothing more to say, but to desire some Length of Time for Repentance.

Then the Sentence was read, as follows:

The Court having duly considered of the Evidence which hath been given both for and against you the said _John Augur_, _William Cunningham_, _Dennis Mackarthy_, _Geo. Rounsivel_, _Wm Dowling_, _Wm Lewis_, _Tho. Morris_, _Geo. Bendall_ and _Wm Ling_; and having also debated the several Circumstances of the Cases, it is adjudged, that you the said _John Augur_, _Wm Cunningham_, _Dennis Mackarthy_, _Geo. Rounsivel_, _Wm Dowling_, _Wm Lewis_, _Tho. Morris_, _Geo. Bendall_ and _Wm Ling_, are guilty of the Mutiny, Felony, and Pyracy, wherewith you and every of you stand accused. And the Court doth accordingly pass Sentence, that you the said _John Augur_, _Wm. Cunningham_, _Dennis Mackarthy_, _Geo. Rounsivel_, _Wm. Dowling_, _Wm. Lewis_, _Tho. Morris_, _Geo. Bendall_ and _Wm. Ling_, be carried to Prison from whence you came, and from thence to the Place of Execution, where you are to be hanged by the Neck till you shall be dead, dead, dead; and God have Mercy on your Souls. Given under our Hands this 10th Day of _October, Annoq; Dom._ 1718, sign'd

_Woodes Rogers_,
_Wm Fairfax_,
_Robert Beauchamp_,
_Thomas Walker_,
_Wingate Gale_,
_Nathaniel Taylor_,
_Josias Burgiss_,
_Peter Courant_.

After Sentence of Death pass'd upon the Prisoners, the Governor, as President of the Court, appointed their Execution to be at Ten a-Clock on _Friday_ next in the Morning being the 12th Instant.

Whereupon the Prisoners pray'd for longer Time to repent and prepare for Death; but the Governor told them, that from the Time of their being apprehended, which was on the 15th of _November_, they ought to have accounted themselves as condemn'd by the Laws of all Nations, which was only sealed now; and that the securing them hitherto, and the Favour that the Court had allowed them in making as long a Defence as they could, wholly took up that Time, which the Affairs of the Settlement required in working at the Fortifications; besides the Fatigue thereby occasion'd to the whole Garrison in the necessary Guards, set over them by the Want of a Goal, and the Garrison having been very much lessened by Death and Sickness since his Arrival; also that he was obliged to employ all his People to assist in mounting the great Guns, and in finishing the present Works, with all possible Dispatch, because of the expected War with _Spain_; and there being many more Pyrates amongst these Islands, and this Place left destitute of all Relief from any Man of War or Station Ship, much wanted, join'd to other Reasons he had, too long to enumerate in Court, he thought himself indispensably obliged, for the Welfare of the Settlement, to give them no longer Time.

Then the Prisoners were ordered to the Place of their Imprisonment in the Fort, where Leave was given them to send for any Persons to read and pray with them.

On _Friday_ Morning each of the Prisoners were call'd in private, to know if they had any Load upon their Spirits, for Actions committed as yet unknown to the World, the declaring of which was absolutely required, to prepare themselves for a fit Repentance; but they each refused to declare any Thing, as well as making known to the Governor, if they knew of any Conspiracy against the Government.

Wherefore, about Ten a-Clock, the Prisoners were releas'd of their Irons, and committed to the Charge and Care of _Thomas Robinson_, Esq; commissioned Provost Marshal for the Day, who, according to custom in such Cases, pinion'd them, _&c._ and order'd the Guards appointed to assist him, to lead them to the Top of the Rampart, fronting the Sea, which was well guarded by the Governor's Soldiers and People, to the Number of about 100. At the Prisoners Request, several select Prayers and Psalms were read, in which all present join'd; when the Service was ended, Orders was given to the Marshal, and he conducted the Prisoners down a Ladder, provided on Purpose, to the Foot of the Wall, where was a Gallows erected, and a black Flag hoisted thereon, and under it a Stage, supported by three Butts, on which they ascended by another Ladder, where the Hangman fasten'd the Cords. They had three Quarters of an Hour allowed under the Gallows, which was spent by them in singing of Psalms, and some Exhortations to their old Consorts, and the other Spectators, who got as near to the Foot of the Gallows as the Marshal's Guard would suffer them. When the Governor ordered the Marshal to make ready, and all the Prisoners expecting the Launch, the Governor thought fit to order _George Rounsivel_ to be untied, and when brought off the Stage, the Buts having Ropes about them, were hawl'd away; upon which, the Stage fell, and the Prisoners were suspended.

A short Account of the Prisoners executed.

First, _John Augur_, being about 40 Years of Age, had been a noted Master of Vessels at _Jamaica_, and since among the Pyrates; but on his accepting of his Majesty's Act of Grace, and Recommendations to the Governor, he was, notwithstanding, entrusted with a good Vessel and Cargo, in which betraying his Trust, and knowing himself guilty of the Indictment, he all along appeared very penitent, and neither wash'd, shav'd, or shifted his old Cloaths, when carried to be executed; and when he had a small Glass of Wine given him on the Rampart, drank it with Wishes for the good Success of the _Bahama_ Islands and the Governor.

The Second, _William Cunningham_, aged 45, had been Gunner with _Thatch_ the Pyrate, who being also conscious of his own Guilt, was seemingly penitent, and behaved himself as such.

The Third, _Dennis Mackarthy_, aged 28, who had also been formerly a Pyrate, but accepted of the King's Act of Grace; and the Governor had made him an Ensign of the Militia, being recommended as a sober civiliz'd Person, which Commission he had at the Time of his joining the Pyrates, which very much aggravated his other Crimes. During his Imprisonment, he behaved himself tolerably well; but when he thought he was to die, and the Morning came, without his expected Reprieve, he shifted his Cloaths, and wore long blue Ribbons at his Neck, Wrists, Knees, and Cap; and when on the Rampart, look'd cheerfully round him, saying, _He knew the Time when there were many brave Fellows on the Island, who would not have suffered him to die like a Dog_; and at the same Time pull'd off his Shooes, kicking them over the Parapet of the Fort, saying, _He had promis'd not to die with his Shooes on_; so descended the Fort Wall, and ascended the Stage, with as much Agility and in a Dress of a Prize-Fighter; when mounted, he exhorted the People, who were at the Foot of the Walls, to have Compassion on him, but, however willing, they saw too much Power over their Heads to attempt any Thing in his Favour.

The Fourth, _William Dowling_, of about 24 Years of Age, had been a considerable Time amongst the Pyrates, of a wicked Life, which his Majesty's Act of Grace did not reform; his Behaviour was very loose on the Stage, and after his Death, some of his Acquaintance declared, he had confess'd to them, that he had murder'd his Mother before he left _Ireland_.

The Fifth, _William Lewis_, aged about 34 Years, as he had been a hardy Pyrate and Prize Fighter, affected an Unconcern at Death; but heartily desired Liquors to drink with his Sufferers on the Stage, and with the Standers by.

The Sixth, _Thomas Morris_, aged about 22, had been a very incorrigible Youth and Pyrate, and seem'd to have very little Anxiety of Mind by his frequent Smiles when at the Bar, being dress'd with red Ribbons as _Mackarthy_ was with blue, he said, going over the Ramparts, _We have a new Governor, but a harsh One_; and a little before he was turn'd off, said aloud, _that he might have been a greater Plague to these Islands, and now wish'd he had been so_.

The Sixth, _George Bendall_, aged about 18, tho' he said, _he had never been a Pyrate before, yet he had all the villainous Inclinations that the most profligate Youth could be infected with_; his Behaviour was sullen.

The Eighth, _William Ling_, aged about 30, not taken Notice of before the last Attempt, behaved himself as becoming a true Penitent, and was not heard to say any other than by Reply to _Lewis_, when he demanded Wine to drink, _that Water was more suitable to them at that Time_.

It was observed that there were but few (beside the Governor's Adherents) among the Spectators, who had not deserved the same Fate, but pardon'd by his Majesty's Act of Grace.

_Of Captain_ VANE.

We have given what Account came to our Hands of _Charles Vane_ in the first Volume, beginning at the Time he left _Providence_ on the Governor's Arrival; but we have since had some Particulars sent us, which relate to Pyracies, both before and after that Date.

In the latter End of _March_ 1718, he, with about 12 more lewd Fellows, who had squander'd all their Money got by former Villanies, took a Canoe, and went out on the old Account. Soon after their setting out they made Prize of a Sloop belonging to _Jamaica_, brought her into _Potters Key_, where they came to an Anchor, and put all the Hands on Shore, except the Master, to whom they promis'd to return his Sloop as soon as they met with another more fit for their Purpose; which soon after happen'd, for cruizing off _Harbour Island_ in the beginning of _April_, they took the _Lark_ Sloop, which had been taken from the Pyrates by Captain _Pierce_, in the _Phoenix_ Man of War, who fitted her out with a Cargo to trade at St. _Augustin_'s. He brought his Prize into _Providence_ Harbour, with his black Ensign hoisted, in Defiance of the above named Man of War, which he loudly threaten'd to burn. _Vane_, at _Providence_, augmented his Number of Men to 75, sailed in search of Booty, and on the 4th of _July_ return'd with a _French_ Ship of 20 Guns, a _French_ Brigantine laden with Sugar, Indigo, Brandy, Claret, White Wine, and other Merchandize; the _Drake_ Sloop, _John Draper_, Master, which he took in his Passage from _Providence_ to _Harbour_ Island, and plunder'd of a considerable Sum of Money, shifting into her some Sugars out of the _French_ Brigantine; the _Ulster_ Sloop, _John Fredd_, Master, laden with Timber from _Andros_ Island, into this Vessel he put 70 Casks of Sugar; and the _Eagle_ Sloop, _Robert Brown_, Master, bound to _South-Carolina_, which he took with a two-masted Boat, commanded by _Edward England_, his Quarter Master; he put on board this last 20 Terses of Sugar, 6 of Bread, and some other Things. In the Harbour he seized on the _Lancaster_ Sloop, _Neal Walker_, Master, and the _Dove_ Sloop, _William Harris_, Master, designed for _Jamaica_, which he plunder'd of what he thought proper, and shifted 22 Hogsheads of Sugar, some _Spanish_ Hides and old Rigging.

He had the Impudence to come ashore with his Sword in Hand, threaten to burn the principal Houses of the Town, and to make Examples of many of the People; and though he committed no Murders, his Behaviour was extreamly insolent to all who were not as great Villains as himself. He reign'd here as Governor 20 Days, stopp'd all Vessels which came in, and would suffer none to go out, being inform'd of a Governor being sent from _England_, he swore, while he was in the Harbour, he would suffer no other Governor than himself. He clean'd and fitted the _French_ Ship, with Intent to visit the Coast of _Brazil_, and design'd to sail in 3 or 4 Days; but the Governor appearing on the 24th, made him change his Resolution, and think of accepting a Pardon, if it might be granted on his own Terms, as will appear by the Letter which he sent off by a Boat to the Governor, and of which the following is an exact Copy.

_July_ the 24th, 1718.

'Your Excellency may please to understand that we are willing to accept his Majesty's most gracious Pardon on the following Terms, _viz._

'That you will suffer us to dispose of all our Goods now in our Possession. Likewise, to act as we think fit with every Thing belonging to us, as his Majesty's Act of Grace specifies.

'If your Excellency shall please to comply with this, we shall, with all Readiness, accept of his Majesty's Act of Grace. If not, we are obliged to stand on our Defence. So conclude

Your humble Servants,
_Charles Vane_, and Company.'

The Susperscription was--

To his Excellency the Governor of _New Providence_.

And at the Bottom of it.--We wait a speedy Answer.

* * * * *

The Governor could not get in that Night, but was forced to keep at Sea, so that Mr. _Vane_ could not so speedily have an Answer as his Excellency design'd, which he intended to carry himself. About Four that Afternoon the _Rose_ Man of War and _Shark_ Sloop got in, and were saluted with four Shot from _Vane_, which, however, did no other Damage than the cutting the _Rose_'s Rigging. In the Evening Captain _Whitney_ sent his Lieutenant on Board _Vane_, who was higher up the Harbour in the _French_ Ship. They detained this Gentleman two Hours, and the Crew, most of which was drunk, treated him, some with Threats, shewing the black Flag, and some with Contempt and Ridicule, and order'd him back to tell his Captain their Resolution was to fight it out to the last.

When Captain _Whitney_ fired the eight a-Clock Gun, _Vane_ did the like with Shot, directed at the _Rose_. At Ten he pointed all the Guns of the _French_ Ship (double loaded) at the Man of War, and, after setting Fire to her, went with 40 Hands into a Sloop belonging to one _Yates_. As the _French_ Man burnt, the Guns fired, and cut some more of the _Rose_'s Rigging. Captain _Whitney_ apprehending Danger from the fir'd Ship, together with the _Shark_ Sloop, cut and put out to Sea, which gave _Vane_ an Opportunity he laid hold on, to take what he thought fit off Shore, and to force the best Carpenter and Pilot in the Island on Board him. When he had done, he went to, and lay at _Potters Key_ all Night, and the next Morning got under Sail.

His Excellency dispatch'd after him the _Buck_ Sloop and another small one, both well mann'd and fitted, which gain'd while he was upon a Wind, and came, before he clear'd the East End of the Island, within Gun-Shot; but he easing out his Main-Sheet, and setting his Flying-Jibb, left them soon after; wherefore, Night coming on, and their Pursuit being fruitless, they return'd.

Soon after _Vane_ sent the Governor of _Providence_ Word, he would make him a Visit, and burn his Guardship, for sending two Sloops to chase him instead of answering his Letter.

The 30th of _August_ he took the _Neptune_ of 400 Tuns, and the _Emperor_ of 200 Tuns, the Particulars of which are in the subjoin'd Protest.

The 9th of _September_ he arrived at _Allens Key_ in a _Spanish_ Brigantine; he had before taken a _Spanish_ Ship of the _Havanna_; here he forced on Board a Pilot, took a Sloop and went to _Green Turtle Key_.

I have only to add: This Pyrate, whose Death is set down in the first Volume, betray'd the Coward when at the Gallows, and died in Agonies equal to his Villainies, which he gave no Ground to believe proceeded from the Apprehensions of a future State, but the Fear of Death. He shew'd not the least Remorse for the Crimes of his past Life, which was taken Notice of by the Spectators of his deserved Punishment, and told me by a worthy Gentleman who saw Justice done on him at _Gallows Point_ on _Port Royal_.

The Protest of Captain _King_, Commander of the _Neptune_
Hagboat.

'By this publick Instrument of Protest be it made known and manifest, that on the 30th Day of _August_ 1718, _John King_, lately Commander of the _Neptune_ Hagboat of _London_, but now in the Island of _Providence_, one of his Majesty's _Bahama_ Islands, came before me _Woodes Rogers_, Esq; Governor, _&c._ and declared to me, that on the Day and Date above-written, he sailed with the said Ship _Neptune_ Hagboat over the Bar of _Carolina_, in Company with three more Ships bound for _London_, _viz._ the _Emperor_, Captain _Arnold Powers_, Commander, and the Pink _Antamasia_, Captain _Dumford_, Commander, and the Pink ......, Captain _Evers_, Commander, and about two Hours after he was over the Bar of _South-Carolina_, he saw four Sail of Vessels standing some one Way, some another; but one of them being a Brigantine, gave Chase, and, in about two Hours time, came up with his Ship with a black Flag flying, and after having fir'd several Guns, demanded him to strike, and to come on Board the Brigantine, commanded by one _Charles Vane_, a Pyrate, who detained him and four of his Men on board the said Brigantine, and sent several of his Men on board the _Neptune_; and when they came on board they commanded him to make Sail, and began to rob and rifle as they thought fit, _&c._ taking only the _Neptune_ and _Emperor_ with them; for by the Information of the Captain of the _Neptune_ and _Emperor_, the other two were loaded with Pitch and Tar, which was not for their Turn, so they would not give Chace to them; but in a small Time after they had held a Consultation together, they concluded to carry the Ship _Neptune_ and _Emperor_, with their Crew, to _Green Turtle Key_, on _Abbaco_, so steered their Course accordingly for the said Place. About four Days after _John King_, Commander of the _Neptune_ declares, he fell sick of a violent Fever on board the said _Vane_'s Brigantine, and _Vane_ asked him, if he would go on board his own Ship? he readily answered, Yes, if he pleased; so hoisted out his Boat, and sent him on board. And about four Days afterwards the Pyrates held a Consultation on board their own Vessel. The Captain, and most of the Officers, were for taking what they wanted out of the Ship _Neptune_ and _Emperor_, and so let them go about their Business; but the rest of the Company was not willing for it, because, they said, What should they clean their Vessel by? And what Defence should they have whilst they were cleaning? So concluded to proceed on to _Green Turtle Key_, which they did, and arrived there on or about the 12th of _September_ 1718, and began to make Preparations for careening their Vessels, which held about three Weeks, and at the latter End of this Time they had taken from both Ships such Things as they wanted, and then took their Leaves of the said Ships and Captains, wishing them a good Voyage home, so set Sail; but in a little Time after made a Sloop coming into the Harbour of _Green Turtle Key_, perceiving her to come towards them without any Fear, came to an Anchor again, and sent away the two Mast Boat after them with about twelve Men in her, expecting it was a Sloop from _Providence_ with fifty Men, according to Promise, when they left _Providence_, but in three Hours, or thereabouts, they spoke with her, which gave them Account that they came from _Providence_; and also laying down the State and Condition of that Island, it being the expected Sloop aforesaid, out of which some of the Men entered with _Vane_, but know not how many. And likewise the said _King_ farther declares, that he heard some of the Pyrates say, that Sloop had brought Ammunition and Provisions, _&c._ and the Commander's Name was one _Nicholas Woodall_. The said _King_ asked what was the best News at _Providence_? They replied, None good: But bid him ask not many Questions, but fit up his Ship, in order to go for _England_ or _Providence_; if the latter, they would take Care to see us to _Providence_, and did believe they should go in and surrender themselves up to the King's Pardon. The next Morning, being very much disturb'd with the News that the Sloop brought from _Providence_ by the said _Woodall_, they voted to Maroon Captain _Walker_, but that did not take Place, so put it to Vote again to maroon and destroy the _Neptune_, which they did with cutting away the Masts, Rigging, Sails, Beams, and firing a Gun, double loaded with Shot down her Hold, and totally disabled her from ever proceeding her Voyage home to _England_. And the said _King_ does verily believe, that the said _Woodall_'s Sloop coming there, was the Occasion of all the aforesaid Mischief, believing what was done was to pay him for his great Favour done them. And farther, the said Captain _King_ says, that some of the Pyrates, who were his Friends, told him, that if that Sloop had not come, this Damage would not have been; and that they were very sorry for it; so by the said _Vane_'s Order they went to work to load this _Woodall_'s Sloop with Rice, Pitch, Tar, Deer Skins, Sails, Rigging, _&c._ After she was loaded, being the next Day, they all sailed together as Pyrates, taking with them one of Captain _Walker_'s Sons, with his Sloop, to tend on them, and as Pilot; but before they got out of the Channel, arrived to the Ships _Neptune_ and _Emperor_, a Sloop from _Providence_, sent by the Governor to hear what was the best News there, hearing that _Vane_ was there. The Captains of the said Sloop, _Hornigold_ and _Cockram_ told the Captains _Powers_ and _King_, that they were come by the Governor's Order to assist them in what they could, who accordingly did, with making Dispatch to _Providence_, to acquaint his Excellency the Governor what sad Condition they were in by the Pyrates hard Usage, leaving them without Provisions, _&c._ So the said Captains _Hornigold_ and _Cockram_ set Sail that Night, and in three or four Days after took the Sloop _Woolfe_, _Nicholas Woodall_, Master, that had traded with _Charles Vane_, the Pyrate, and carried him to his Excellency the Governor of _Providence_, who seized his Vessel, and confined him Prisoner. By that Time _Vane_ came in a second time to _Green Turtle Key_, and began a second Plunder, taking from the Ships Rice, Rigging, Masts, Sails, _&c._ from both Ships, and told the said _King_, that if he offered to touch his Prize he would burn her, and him in her, if ever he catched him again; so sailed away the second time: And about three Weeks after arrived the said Captains _Hornigold_ and _Cockram_, with five Sloops from _Providence_, sent down by the Governor, to save what Goods they could out of the _Neptune_, that was in so much Danger. The next Day they began to load the Sloops, and got them loaded in two Days, so sailed away. The said _King_ came to _Providence_ to consult and agree with the Governor what to do in such a Case. After some Time spent it was concluded to fit out the _Willing Mind_ with Guns and Men, enough to stand an Engagement with _Vane_, and sell the _Neptune_; and, in a few Days after, did accordingly put her up publick to Sale, and it was thus sold to one Mr. _George Hooper_, for seventy one Pounds current Money of _Jamaica_, he being the Person that bid the most Money for her. The _Willing Mind_ being fitted, sailed from _Providence_ the 15th of _November_ 1718, and arrived at _Green Turtle Key_ the 19th, and took the Goods out of the _Neptune_, being in a very bad Condition; and after they had taken out all her Cargo, finding the _Neptune_ to be better than they did expect; and, having a fair Wind, brought both Ships up to _Providence_, the _Neptune_ got in safe, but the _Willing Mind_ struck on the Bar, and sprung a Leak, insomuch that she was forced to unload and careen, and, when down, found her to be very bad, a Piece of her main Keel being gone, so was forced to hawl her ashore; and when the Carpenters had done what could be done to her, she could not be got up again by all the Strength that could be made, and tried for several Days, breaking and tearing all to pieces, but all to no Purpose; so the Governor order'd a Warrant of Survey on her, and was found by the Surveyors not sufficient to proceed any further, being very much damaged in her Wood-Work and Iron-Work, _&c._ Whereupon the said _King_ desired a second Survey of his Ship and Goods, they lying in a very bad Condition. Now in the Harbour of _Providence_ there being no Vessels to carry them to _England_, he therefore is now going to _Carolina_ to consult with Mr. _Richard Splat_, who shipp'd the Goods on board, and to know of him what further may be done with the said Goods, and that he may rightly apprize all they concern'd, of the present Condition of the Ship and Goods; he has further taken the Opinion of Captain _Thomas Walker_, Captain _Richard Thompson_, and Captain _Edward Holmes_, Persons who are well acquainted what sad Condition the Ship and Goods are now in; whereupon the said _King_, and one of the Mariners belonging to the Ship _Neptune_, did, and doth hereby protest against the said _Charles Vane_, and the rest of the Mariners, Pyrates and Robbers, belonging to the Brigantine aforesaid, and for the feloniously and pyratically taking, boarding, entering and plundering, and for sinking and disabling within the Harbour of _Green Turtle Key_, the said Ship _Neptune_, and for all Damages and Losses accruing thereby to the Owners, Freighters, or any other Persons concern'd therein. In Testimony whereof we have hereunto set our Hand and Seals this 5th Day of _February_, _Anno Dom._ 1718-9.

_Jurat Coram me hoc
die Decem. Februaris_,
Woodes Rogers.

John King,
× _The Mark of_
John Morrison.'

_Of Captain_ BOWEN.

Could the Reader conceive the Pains we have been at, to collect Matters for the composing a genuine History of the Lives of the Pyrates, and the great Care we have taken to deliver nothing but the Truth, he would readily forgive, nay, would be apt to commend our placing those Particulars in the Appendix of the same Book, which we could not possibly obtain (notwithstanding our diligent Enquiries) before the Lives were printed, and the Book in a manner ready for Publication.

What we have said in the foregoing Part of this Volume, of Captain _Bowen_, may be depended on as Truth; but as we had not that Certainty of his Original we now have, we rather chose to be silent than impose on our Readers with Fables of our own Invention: We have since learn'd (and it is with Reason we can depend on our Account, having it from one who personally knew, and often convers'd with him) that he was born of creditable Parents, in the Island of _Bermudas_, who took Care to give him a good Education answerable to the Vocation he was design'd for, which was the Sea.

The first Voyage he made was to _Carolina_, where some Merchants finding him every Way capable, and that he was a sober intelligent Man, gave him the Command of a Ship, and sent him to the _West-Indies_. He continued in this Employ for several Years, but one Voyage, in his Return, he had the Misfortune to fall in with, and be taken, by a _French_ Pyrate, who having no Artist on board, detain'd Captain _Bowen_ to navigate their Vessel; and after cruizing some Time in the _West-Indies_, shap'd their Course for the _Guiney_ Coast, where they made several Prizes, and took several good Artists; but having Experience of Captain _Bowen_, he could by no Means prevail on them for a Discharge; tho' notwithstanding the Service he was to them, they treated him as roughly as they did their other Prisoners, of which I have already taken Notice in Captain _White_'s Life.