THE Court being sate , and the Commission Read , the Jury consisting of Half English , and Half French , were call'd and Sworn , whose N●mes are as followeth .

After Silence being Commanded , the Prisoners following were brought to the Bar , and severally Arraign'd for Pyracy and Robbery on the High-Seas . Their Indictment where as followeth .

That the said Pirates , in conjunction with o●hers of their Crew , did under the Command of Lewis Getar their Captain , on the 28th of April last , being on board a French Pirate call'd the Peace-Gally , ●n the High Seas , within two Leagues of Cape Henry near Virginia assault in a violent and hostile manner , an Englsh Merchant Ship , called the Nicholson , Robert Lurtain Commander , and after and obstinate Resistance of about an hour and a half , took and carried away the said English Vessel , making Prize of 3000 l. in Silver and Gold , besides 700 Hogsheads of Tobacco , vallu'd at 2000 l. and at the same time carried the said Vessel and Cargo into Lyn Haven in the West-Indies ; but the Shoreham Friggat coming at the same time into that Bay , the Pirate threw most of the Tobacco over-board , and Engaged the English Friggot ; but after some hours dispute , the Shbreham ●… ook the said Pirate , and sent the Men for England ; and ●… eing severrlly Arraign'd , they pleaded Not Guilty to ●… heir Indictment .

Whereupon the King's Evidence were call'd and Sworn , ●… iz . Robert Lurtan Captain of the Nicholson , William Hun●●ra● is Ward , Thomas Bilustan and Thomas Jacobs .

Liwis Getar the Captain was first Examined , who ●… leaded , that what he did was by the Compulsion of the Ships Crew , and argued , that he was forc'd to take the Command of the Peace-Galley upon him , and to turn Pirate . But the aforesaid Evidence made it appear that he was very busy to put the Captain of the Nicholson down 〈…〉 the Hole , and did not any way behave himself like ●… ne compell'd to that undertaking ; he thereupon in his ●… efence produc'd a Letter in Court , containg several ●… rguments , of his endeavouring to surrender the Ship to ●… he Governor of Virginia ; but not making proof thereof , and the matter being plain against him , he was found Guilty of the said Piracy and Robbery .

Renock Jolliboy , by his Interpeter also alledged that he ●… as forced on board the said Pirate , and tho he own'd ●… e was actualy at the taking the Nicholson , yet he pre●… ended it was against his consent , but two of the Kings Evidence , being positive that he came on board the Mer●… hant Ship , with great Fury and Resolution , he was af●… er a fair Tryal found Guilty .

Samuel Elsnel - was next Examined , but it appearing ●… hat he was no way consenting to the said Pirscy ; but on ●… he contrary was constrain'd to act , tho unwilling therein , he was thereupon acquitted .

Albert Lebley , being set to the Bar alledged , that he was obliged to Engage against the Nicholson by the threats of his Captain , but the Kings Evidence making it appear to the contrary , he was found Guilty of the said Piracy .

Francis Lelaveen the next examined by the Court but the Evidence not in the least taxing him of being concerned in the said Pyracy he was acquitted .

Francis Blann , a Boy of about 13 years of age was ●… xt arraigned , but the Court considering his youth , ●… d that he did not understand the meaning or at the least consequence of that undertaking , he was acpuitted .

James Setoet , a Lad of about 15 years of age , was ac●… uitted by reason he was very much indisposed at the ●… me the Piracy was committed .

James Tevet , was next examined , but he alledging he was actually forced to engage in that Piracy , and the Kings Evidence speaking in his favour he was brought ●… n not guilty .

Heer Van Asteer , a Dutch man , and Cook of the Ship , ●… s the next that was tryed , but it plainly appearing ●… h by him , as well as the Kings Evidence . that he was 〈…〉 Action he was thereupon A●● 〈…〉

John Golden , a young Lad under 14 years of age , was next Examin'd , but the Evidence not being positive against him , and it appearing that he was entic'd among them , he was Acquitted .

Denoy Piloque , by his Interpreter made a long and tedious defence , but he not proving his Allegations , he was thereupon found Guilty .

Rinald Hughno was then Try'd for the said Piracy , and the Evidence being plain against him , and he making but a frivolus defence , he was found Guilty .

Peter Scheveleer was next Arrain'd , and the Captain of the Nicholson and others being positive against him he was found Guilty .

Michael Painteer was try'd also for the said Piracy , but it being plainly made out by the Kings Evidence , that ●e was forc'd on board the Ptrate Ship , he was thereupon Acquitted .

Peter Shomeneer was next set to the Bar , and tho he used Many Arguments by his Interpreter , to invalidate the Credit of the Evidence , yet the matter of Fact being prov'd against him , he was found Guilty of the 〈◇〉 Piracy and Robbery .

John Antony being set to the Bar , alledg'd by his Interpreter as the other , that he was forc'd into the said Piracy by Captain Gateer and others , but the Evidence spoke so home to the matter , that he was brought in Guilty .

John Johnson , upon his Tryal alledg'd that he was cast away and took up by a Privateer , and by her turn'd over to the Peace-Gally , declaring he intended to get away as soon as possible , and the Evidence not speaking to the purpose , he was Acquitted .

James Sboloon being Arraign'd , told the Court , that 140 Men wer● in the Privateer at first , but declared , that he was very Lame , and not fit for any Enterprize ; notwithstanding , the Evidence affirming the contrary , and it appearing that he was very active in the aforesaid Action , he was thereupon brought in Guilty .

Peter Lester , Try'd for the said Piracy pleaded not Guilty , and endeavour'd to insin●ate that he had attempted to escape from his Com●anions . However , it was made out by the Evidence , tha● he was violent in seizing the Nicholson , he was thereupon found Guilty .

Peter Componant was next Arrained , at which time the Kings Evidence plainly made it apparent that he was the most vigorious in seizing the Nicholson , and opposing the Shoreham Frigot . and tho he aledged in his Defence , as the rest of the Pirates Crew had don before , that he was forced thereunto it did not avail , for the Jury having considered the mater , brought him in Guilty of Pyracy and Robbery .

Christopher Gill , was also Tryed for the aforesaid Piracy and Robrery , who utterly denied that he acted therein , any further than he was compelled by his Captain , but Mr Jacobs Carpenter of the Nicholson , being positive that he was one of the forwardest in that rash undertaking , he was thereupon brought in Guilty .

Joseph Brouse was next set to the Bar , and pleaded strongly by his Interpreters that he was not in the least concerned in the aforesaid Piracy , alledging that he was very Sick , and Lame at the same time , but the Evidence affirming that they could not perceive neither any indisosition , or defect in his Limbs , but on the contrary , all the industry imaginable to promote the said Piracy , whereupon the Jury brought him in Guilty of the same .

Francis Lansausey was next brought to the Bar , when the Evidence against him was Captain Lurtain , who d●clared that the Prisoner seemed very busie in putting , him into the Hol● , whose Evidence was also strengthened by Mr. Jacobs the Carpenter , and one William Hunt , who affirmed that he fought with fury and resolution against the Shoreham ●right , who released him and the rest of the Ship Crew , whereupon the Jury brought him in Guilty of the said Piracy .

Peter Monpasian was Try'd for the aforesaid Piracy and Robbery , the Evidence against him was the Captain with his Boy , and two others , who also deposed that the Prisoner , with many other of his Gang , came on board the Nicholson , on the 28th of April 1699 , and making themselves Masters of the said Vessel , they seized the Captain and put him wit● 50 Englishmen into the Hold , where they used them very severly ; and tho he he denyed the whole charge and preteneded several Excuses , it did not avail , for he was found Guilty of the said Piracy .

Elias Jupee was call'd , who being charged with the aforesaid Piracy and Robbery , by Captain Laurten and others of the Kings Evidence ; but he making it appear that he was forced on board by the Quarter-Master of the Pirate , and that he was taken at first by them out of a small Bark by compulsion , and no Evidence being positive as to any marter of Fact he was Acquitted .

Lenord Flewer was Arrain'd on the same Account and 〈…〉 ●ticular Circumstans alledged by them , and he having little to say in his defence , except that common Excuse , which they in general made use of , that being forced , he was there upon found Guilty .

Francis Mombasa was next Examin'd , against whom the Captain made Oath that he came on board his Ship and threatned him with Death if they resisted , useing his Men very Inhumanly ; he in his defence , said that what he did was through fear of his Captain , with other infignificant Arguments , which did no way midica●e the offence , so he was found Guilty .

Charles Dinant was charged with the same Crime , by four of the Kings Evidence , and he not making any proper defence , he was Convicted .

Peter Boyce being Try'd for the said Piracy , Alledged that he was taken out of a Merchant Ship some Months before , strip'd Naked and forced on board the Peace-Gally by the Pirates , but the Evidence deposed that he was one in great Esteem among them , and Fought against the Shoreham to the last extremity , he was thereupon found Guilty .

James Morro was charged with the said Piracy , who in his defence alledged that he was a Hunting in the Woods with some other near the Spanish-Seas , and some Pirates Landing there took him and forced him to joyn , with them , but he not proving it , and the Evidence being all positive against him he was found Guilty .

Peter Gero being Examin'd , endeavoured to insinuate that he was taken in a Conough by the said Pirates in the Ba● of St Marks , and forced to go allong with them , and that he endeavored to escape several times ; but it being prov'd in Court to the contrary , he was found Guilty .

Francis Lavoy was charged with the said Piracy , as being taken among them , but he Pleading that the Quarter Master force● him on board , and the Kings Evedence not being positive against him , he was thereupon Acquitted .

John Rupevt , was Examin'd , who seem'd to alledge that he was brought on board the said Pirate by force ; but the Evidence , who was in the said Pirate before him , proving it otherwise , he was found Guilty .

Michal Danel , in his defence insisted that he was taken out of a Merchant Ship , and perswaded to go allong with the Pirates , which he did , not knowing them to be such ; but one Hunt the Kings Evidence and the Captain of the Nicholson , making it appear to the conrarty he was found Guilty .

John Denough Try'd for the same Offence , made many frivolous Excuses by way of evasion , but the Kings Evidence being very plain and positive against him he was found Guilty .

John Durant was Try'd , who alledged that he was taken by another Pirate some Months before , and after that forced on board the Peace-Gally ; but three of the Evidence being plain and positive against him he was found Guilty .

Peter Lorroy was next Examin'd , who in his defence , declared in Court that he was surprized by the Pirats , as he was a Hunting near the Sea side in the West Indies , but no manner of proof appearing in his behalf , he was found Guilty .

Peter Lecrue made such a like defence ; but the Evidence speaking home to the matter he he was found Guilty .

Francis Giliharhert , being accused by the Kings Evidence alledged by way of defence that he was taken out of a Merchant Ship , by the said Pirate as he was Sailing to Martinego , and ever since constrain'd to stay among them ; but one of the Evidence deposed that he was more cruel than any of the other Pirates , by not only Beating him when they took their Ship , but put first his Thumb , and then his Little Finger into a Screw , torturing him and others in a barbarous manner , and then threatened to cut his Head off , if he did not discover where the Money lay ; and then said it was brave Sport to Torment them ; which in part the Prisoner confess'd , so that he was found Guilty .

Gerard Mastamel was next Examin'd , and was charged by the Kings Eviden of acting cruelty to the English Prisoners in Beating and Torturing them as aforsaid , and having little to alledge in his Vindication he was also Convicted .

Peter D' Pompi●n , in his defence alledged that he was taken out of a Merchant Ship and , was kep't by force among them till they were taked by the Shoreham ; however the Kings Evidence , especial Will . Hunt , spoke so possitive against him that he was found Guilty .

John Leweey being charged with the said Piracy , in his defedce declared by his Interperter , that being taken by the Spaniards in a Wood in the West Indi●s , and making his Escape , wated for a Ship to get away , met with the Pirate , in which he entered and not knowing 〈…〉 it to be such , was detaind among th●m , whereupon he was Acquited .

John M●●● was next Examin'd , who alledged that he was taken in the Spanish Woods , for ●●d among the Pirates , and detained among them , and no Evidence being positive against him he was Acquitted .

Francis La Gard●● was also Try'd for the said Piracy , but pleading that he was forced o● bea●d the Pira●e , and the Kings Evidence speaking partly to the same Effect , be was Acquitted .

〈◇〉 L●●man Try'd for the said Pirac● in his defe●ce be alledged that he was Inticed to the S●●●●-S●●● , and that he should have good Wages and the Ship prov'd a Pirate ▪ with other foreign Arguments ; but the Evidence deposing that he had been along time in the Pirate without endeavouring to Escape , he was thereupon brought in Guilty .

Fra●●●s Pa●●●● was then Examin'd , against whom the Evidence declared that he caused the Captain to be put into the Hole , and used great Violence to the English after they had taken Vessel , and he saying little to the purpose was found Guilty .

John Levign●● , Try'd for the said Piracy ; alledged in his defence that being a Tayler , some Marin●●s perswaided him to go on B●ard to work in his Trade , but when at Sea they 〈◇〉 him they had other work for him : And the Kings Evidence not being po●●tive against him he was acquitted .

John Johnson , being Examind , declared by his Interpret●● that he was taken in a Dutch Merchant Ship , which the Ships-crew made a Pirate of and ●orced him to continue on Boa●d th● he often attempted to E●●●● , which some of the King● Evidence seem'd to acknow●●●ge whereupon he was acqui●●ed .

Andrew Radnor in his defence a●●dged that he was inticed 〈◇〉 Board the Pirate not knowing it to be such , by the Captain and others , by promising him g●od Wages , &c. Bu● all the Kings Evidence deposing to ●he contrary , by affirming that he came of his own accord , he was thereupon f●●●d Guilty .

Charles Boyl being charged with the said Piracy , endeavoured to ex●●se himself by alledging he did 〈◇〉 know th●● to be Pirates 〈…〉 we●● 〈◇〉 Board : and farther inf●●●ed that the quarter Master made him Drunk before he we●t from Domingo ; but in the other hand the Kings Evidence said he was not Dr●nk at that time and knew very well they were Pirates , so that he was found Guilty .

John Byden was 〈◇〉 Examin'd who by wa● of Ext●●●●●●● alledged that he was taken by the Pirates from on sh●●● a● St. Domingo and forced on Board the Pirates , but i●●●●●ing othe●wise by the Kings Evidence , he was there 〈◇〉 found Guilty .

John Poin●●●● being Examin'd , alledged that , he was taken in the Wood : as he was Hunting , and forced on Board among the Pir●●● from wh●●●e could not Escape th● he endeavoured it : But several of the Evidences speaking positively against him he was found Guilty .

Abraham Mos●●● Try'd for the said Pi●acy and Robbe●y , declared by an Interpreter that 〈…〉 of a Vessel by force and pr●duced several Aff●●●vits to that E●●●● , and none of the Evidence ●●●ng positive against him 〈◇〉 was acquitted .

Anthony Coal being 〈◇〉 ●●●●iz'd , alledged in his defe●●e that being 〈◇〉 the Spanish Woods a H●●●ing near the Sea-side the Pirates Boat there Landing , the Crew ●●●k him away by vi●●●nce a●d de●ain'd him among them : But some Evidence making i● appear to the contrary he was found Guilty .

Peter Lafountain pleaded in his defence that he with other were taken o●r of a W●●● where he was Hunting and carried in Board the Pirate and there kept by force , and the Ev●dence not speaking to the purpose he was acquitted .

Nicholas Po●●on the made the same defence , but with less ●●●cess for the Evidence being positive that he was very active in the Piracy he was thereupon found Guilty .

Francis Daniel being Try'd ●or the said Piracy , alledged in his defence that he with several others was forced on Board the Pirate from a Merchant Ship near Anteigo , and some of the King● Evidence speaking partly to the same purpose he was Acq●●ted .

Francis Gaff●●●y being Examin'd declard in his defence that he was in●iced on board the said Pirate , to work on his Trade , he being a Carpenter , and that he did not ●●ow it was a Pirate , till they took the Ship call'd the Nichol●on , at which time he design'd to make his Escape ; but not proving hi● Allegations , and the Evide●ce being positive against him be was found Guilty .

James Randal , o● his Tryal alledged that he was Decoy'd on board 〈◇〉 Dutchman , who told him that he should have goo●●ages for a Voyage to Virgina ; However it being made appear that he acted willingly and Chearfully among the Pirates , and seem'd Industrous to pro●en●e their unla●●ful Attempts , he was found Guilty .

Michael Anderson● ●●●●●man Try'd for the said Piracy , in his Defence affi●●'d that going on board a Dutch Merchant Ship to work at his Trade ( he being a Carpenter ) he was taken thence by the said Pirates , and forced along with them ; which the Kings Evidence could not contradict , he was thereupon Acquitted .

Francis De●●●g● v●as al●o Try'd for being concern'd in the said Piracy ; v●ho i● his defence endeavoured to in●●nuate that he was co●●el'd on board the Pirate , and ●a●d the ver● Evidence aga●nst him knew it ; but they on the contrary affirm'd that he came Vollntary on board ●ithout any manner 〈◇〉 co●●traint , whereupon he was to and Guilty .

Back ●o ●o being ●●●●n'd , alledged that the Pirates C●●w 〈◇〉 him from of a V●ss●l call d a C●noa , a● for●●● 〈◇〉 on ●●●rd their Ve● el , whi●h the Evidence them●elve● could not Contradict , whereu●●n ●e was A●●●●t●ed .

Lewis Bonson was next call'd 〈◇〉 t●e Bar , and charg'd with the said Piracy , but he alledging t●at he was fer●'d fro● on Story b● some of the Pirates , ●●ing him he should ●●●g●ed Wages , and so De●●●'d hi● on ●o●●d and kept him b● Compu●●● and the E●●dence not being very positive , 〈◇〉 was Acquited .

Francis Bo●n in his defence alledged that being a Hunting there came a Pira●● Shall 〈◇〉 the Shore , and took him by force , and so de●ai●●●im ; but t●e Evidence affirming that he us'd to be very active in promoting their Piratical Projectes he was found Guilty .

John Durantia , alledged that ●e was taken on board a Dutch Ship call'd the Barnard , and continued in the Pirats several Months by constrains ; but t●●ee of the Kings Evidence seemed to acknowledge , so that he was Acquitted .

Peter Luno being call'd to the Bar for the said Piracy and Robbery , he endeavoured to Extenu●●e his Offence by alledging that he was Decay'd on board by one if t●e Crew , whom he did not suspect to be a Pirate , whereby he was detain'd against his will , but the Captain of the Nicholson and one Hunt , a Lad spaking positivly against him as to matter of fact , he was found Guilty .

Joseph Tremon Indicted for the said offence ; but he alledging by his In●●●p●eters that he was forced on board the Pirate , and the Kings Evidence partly acknowledging the same , he was Acquitted .

Peter Limber being call'd to the Da● , declared in his defence that he was taken on board a Vessel , laden with Wind and Brandy , and that having Plundred the said Ship , they took him and others away by force , and the Evidence against him not being suffi●●ent to Convict him , he was Acquitted .

Peter Lushard being Arraign'd for the said Piracy , alledged that he was taken on Board the Pirate by force , but the Kings Evidence being positive against him he was found Guilty .

An●●●● Merrit , being Examin'd declared by his Interpreter that he was made Drunk and so deco ' d on Board the Pirate , and the Evidence not being positive against him he was acquitted .

Joseph Las●er , being indicted on the same account , alledged that he was ta●en by force , from on board a Vessel laden with Corn and kept among the Pirates against his consent , he was thereupon acquitted .

John Bor●● , insinuated that he was not sencible they were Pirates when he entered on board the said Peace-Gally , and that he endeavoured to Escape several times , but it appearing o●herwise by the Kings Evidences he was thereupon found Guilty .

Joseph L●●rud● was next Examin'd , who in his defence asscerted that he was taken by force from on shore , by some of the Pirates Crew , and the Kings Evidence themselves , not contradicting him he was acquitted .

Michael Lafeer , being Indicted for the said Piracy alledged that he was taken from on board a Merchant Man by the Pirates , and kept among them against his consent ; but on the other hand , the Kings Evidence made it appear that he was from first to last most active in promoting the said Piracy and Robbery , so that he was found Guilty .

Peter Jelly was next Examin'd and pleaded not Guilty , but his excuses being not at all to the purpose , he was found Guilty .

John La●●●●n being Try'd for the same offence , declared by his Interpreter that he was forced on board the Pirate in the West-Indies , and compell'd to act tho unwillingly among them , which the Kings Evidence in part acknowledged ; he was thereupon acquitted .

Francis Dreway on his Tryal made the same defence as aforesaid , but what contrary success for four of the Kings Evidence deposing that he was more than ordinary active in the said Piracy , he was found Guilty .

John Posser Indicted for the said Piracy and Robbery alledged that he was taken out of a Merchant-ship and and forced to act contrary to his Inclination in the said Pirate , but it appearing otherwise by Two of the Evidence against him , so he was also found Guilty .

John Duby●ce and Peter Manguino , where both Try'd on three Indictments , the first for Robbing , Riffling and Plundring the aforsaid Merchant Ship call'd the Nicholson , the Evidence being very positive against them . The second for Robbing and Plund●●ng a M●●●●● 〈◇〉 ●p call'd the Indian King , Ship and Tackle vallud a● 〈◇〉 l. 1000 Hogsheads of Tobacco , vallue 3000 l. 100 C●●nces of Silver , vallue 20 l. The third indictment was for Robbing , Plundring and Burning the Pensilva●s Merchant-Ship and Tackle valued ●t 5●●l . 200 Clo●h C●●●● , and So Bri●nes of a con●ide●able vaine the Evidence against them , deposed th●t they were both more active and resolute than ordinary in all these Pirates , and they having little to alled●e in the●r own d●f●●ce , the Jury brought them both in Guilty of three Indictments .

Peter Clergy was Try'd on all the aforesaid Indictments but ●e alledged t●at he was t●ken on bo●●d the Pi●ate b● force , and it appearing by the Kings E●●dence that he acted on the said Vessel only as Su●ge●● ; he was thereupon acquitted of all three Indictments .

Julian Lasco●n , Peter Langueno , Oliver Si●vaster , Reyne Hughnor , Lawrence Carjon , and William Pha●●e ; were all 6 Try'd on the a●oresaid Indictments , but it appea ●g 〈◇〉 they were cast-away and taken up when ●n gre● 〈◇〉 and danger , by the said Pirates , and kept on ●oard by force , which the Kings Evidence did not deny , so that they were all Six acquitted of the ●aid Indictments .

John Cox was then Indicted for Drowning or Choaking Thomas She●chard on the 2d . of Jully at Harbaurmain , near Newfoundland , in the West-Indies , the Evidence against him was John Knight who deposed , that the P●isoner , Mr. Shephard and himself being in a large Fishing Boat on the said Coast about 3 a Clock in the Morning when having been Drinking most part of that Night , the Prisoner without any manner of provocation threw Mr. Shephard over board which the Evidence seeing go● 〈◇〉 of him and pull'd him into the Boat again , ●●●●eupon the Prisoner push'd him over b ard a sec●●● time , and then he was Drown'd ? The Prisoner 〈…〉 defence alledged that he did not touch the 〈◇〉 ●●●●ed at that time , or at any other , in Anger , and 〈◇〉 ●hal insisted that the Evidence was a malicio●● M●n , and had Beat the Deceased just before affirming ●●ey were all Three very much in Drink , there●●●●●●d think that the Deceased fell into the Water b●●●cident and it appearing by the Evidence that no manner or quarel was between the Prisoner and the D●ceased , the Jury having considered the matter brought him in not Guilty .

Captain Padiston and John Swillivant , having surrendred themselves , on an Accusation of Piracy , were brought to the Bar , but none appearing against them , they were both Acquitted by Proclamation .

The 29 Pirates who were acquitted of the Piracy of Robbing the Merchant Ship call'd the Nicholson beforementioned were called to the Bar on Thursday in the Afternoon , an●… Tryed upon two other Indictments , viz. The one of Robbin and Riffling a Merchant Ship called the Indian King , on t●… High Seas , near Cape Henry aforesaid , taking and carryin●… away the said Ship , wherein were Goods and Money of considerable value ; the other for practically taking , plundering and riffling another Merchant Ship called the Pensilvania wherein were Goods of Extraordinary worth and value , th●… particulars of which are mentioned in the Trials of Joh●… Dubois and Peter Manguino , &c. The Trials of those 29 was very tedious ; for tho the Kings Evidence were ver●… positive , in proving all the said Prisoners on board the Pyrate , at taking both the Indian King and the Pensilvani●… yet the Prisoners in their defence , made such manifest Pro●… of their being forced on board the Pirate , and the Kin●… Evidence themselves acknowledging most of them had ende●…voured , or at least intended to make their Escapes as soon 〈…〉 a favourable opportunity offered , except Peter Rumo , w●… had been among the Pirates ever since they were but nine i●… number ; so after the Court had explain'd the Evidence to the Jury , they brought him in Guilty of both I●dictments , and acquitted the rest .