Vane cruised some Time off the Bar, in hopes to catch Yeats, and unfortunately for them, took two Ships coming out, bound to London, and while the Prisoners were aboard, some of the Pyrates gave out, that they designed to go into one of the Rivers to the Southward. Colonel Rhet, upon hearing this, sailed over the Bar the 15th of September, with the two Sloops before mentioned; and having the Wind Northerly, went after the PyrateVane, and scoured the Rivers and Inlets to the Southward; but not meeting with him, tacked and stood for Cape Fear River, in Prosecution of his first Design. On the 26th following, in the Evening, the Colonel with his small Squadron, entered the River, and saw, over a Point of Land, three Sloops at an Anchor, which were Major Bonnet and his Prizes; but it happened that in going up the River, the Pilot run the Colonel's Sloops aground, and it was dark before they were on Float, which hindered their getting up that Night. The Pyrates soon discovered the Sloops, but not knowing who they were, or upon what Design they came into that River, they manned three Canoes, and sent them down to take them, but they quickly found their Mistake, and returned to the Sloop, with the unwelcome News. Major Bonnet made Preparations that Night for engaging, and took all the Men out of the Prizes. He showed Captain Manwaring, one of his Prisoners, a Letter, he had just wrote, which he declared he would send to the Governor of Carolina; the Letter was to this Effect, viz. That if the Sloops, which then appeared, were sent out against him, by the said Govenror, and he should get clear off, that he would burn and destroy all Ships or Vessels going in or coming out of South-Carolina. The next Morning they got under Sail, and came down the River, designing only a running Fight. Colonel Rhet's Sloops got likewise under Sail, and stood for him, getting upon each Quarter of the Pyrate, with Intent to board him; which he perceiving, edged in towards the Shore, and being warmly engaged, their Sloop ran a-ground: The Carolina Sloops being in the same shoal Water, were in the same Circumstances; the Henry, in which Colonel Rhet was, grounded within Pistol shot of the Pyrate, and on his Bow; the other Sloop grounded right a-head of him, and almost out of Gun-Shot, which made her of little Service to the Colonel, while they lay a-ground.
At this Time the Pyrate had a considerable Advantage; for their Sloop, after she was a-ground, listed from Colonel Rhet's, by which Means they were all covered, and the Colonel's Sloop listing the same Way, his Men were much exposed; notwithstanding which, they kept a brisk Fire the whole Time they lay thus a-ground, which was near five Hours. The Pyrates made a Wiff in their bloody Flag, and beckoned several Times with their Hats in Derision to the Colonel's Men, to come on Board, which they answered with chearful Huzza's, and said, that they would speak with them by and by; which accordingly happened, for the Colonel's Sloop being first a float, he got into deeper Water, and after mending the Sloop's Rigging, which was much shattered in the Engagement, they stood for the Pyrate, to give the finishing Stroke, and designed to go directly on Board him; which he prevented, by sending a Flag of Truce, and after some Time capitulating, they surrendered themselves Prisoners. The Colonel took Possession of the Sloop, and was extreamly pleased to find that Captain Thomas, who commanded her, was the individual Person of Major Stede Bonnet, who had done them the Honour several Times to visit their own Coast of Carolina.
There were killed in this Action, on Board the Henry, ten Men, and fourteen wounded; on Board the Sea Nymph, two killed and four wounded. The Officers and Sailors in both Sloops behaved themselves with the greatest Bravery; and had not the Sloops so unluckily run a-ground, they had taken the Pyrate with much less loss of Men; but as he designed to get by them, and so make a running Fight, the Carolina Sloops were obliged to keep near him, to prevent his getting away. Of the Pyrates there were seven killed and five wounded, two of which died soon after of their Wounds. Colonel Rhet weigh'd the 30th of September, from Cape Fear River, and arrived at Charles-Town the 3d of October, to the great Joy of the whole Province of Carolina.
Bonnet and his Crew, two Days after, were put ashore, and there not being a public Prison, the Pyrates were kept at the Watch-House, under a Guard of Militia; but Major Bonnet was committed into the Custody of the Marshal, at his House; and in a few Days after, David Hariot the Master, and Ignatius Pell the Boatswain, who were designed for Evidences against the other Pyrates, were removed from the rest of the Crew, to the said Marshal's House, and every Night two Centinals set about the said House; but whether thro’ any Corruption, or want of Care in guarding the Prisoners, I can't say; but on the 24th of October, the Major and Hariot made their Escape, the Boat-swain refusing to go along with them. This made a great Noise in the Province, and People were open in their Resentments, often reflecting on the Governor, and others in the Magistracy, as tho’ they had been brib'd, for conniving at their Escape. These Invectives arose frm their Fears, that Bonnet would be capable of raising another Company, and prosecute his Revenge against this Country, for what he had lately, tho’ justly, suffered: But they were in a short Time made easy in those Respects; for as soon as the Governor had the Account of Bonnet's Escape, he immediately issued out a Proclamation, and promised a Reward of 700 Pounds to any that would take him, and sent several Boats with armed Men, both to the Northward and Southward, in pursuit of him.
Bonnet stood to the Northward, in a small Vessel, but wanting Necessaries, and the Weather being bad, he was forced back, and so return'd with his Canoe, to Swillivants Island, near Charles-Town, to fetch Supplies; but there being some Information sent to the Governor, he sent for Colonel Rhet, and desired him to go in pursuit of Bonnet; and accordingly gave him a Commission for that Purpose: Wherefore the Colonel, with proper Craft, and some Men, went away that Night for Swillivant's Island, and, after a very diligent Seach, discovered Bonnet and Hariot together; the Colonel's Men fired upon them, and killed Hariot upon the Spot, and wounded one Negro and an Indian. Bonnet submitted, and surrender'd himself; and the next Morning, being November the 6th, was brought by Colonel Rhet to Charles-Town, and, by the Governor's Warrant, was committed into safe Custody, in order for his being brought to his Tryal.
On the 28th of October, 1718, a Court of Vice-Admiralty was held at Charles-Town, in South-Carolina, and, by several Adjournments, continued to Wednesday, the 12th of November following, for the Tryal of the Pyrates taken in a Sloop formerly called the Revenge, but afterwards the Royal James, before Nicholas Trot, Esq; Judge of the Vice-Admiralty, and Chief Justice of the said Province of South-Carolina, and other Assistant Judges.
The King's Commission to Judge Trot was read, and a Grand Jury sworn, for the finding of the several Bills, and a learned Charge given them by the said Judge, wherein he 1st showed, That the Sea was given by God, for the Use of Men, and is Subject to Dominion and Property, as well as the Land.
2dly, He particularly remark'd to them, the Sovereignty of the King of England over the British Seas.
3dly, He observed, that as Commerce and Navigation could not be carried on without Laws; so there have been always particular Laws, for the better ordering and regulating marine Affairs; with an historical Account or those Laws, and Origine.
4thly, He proceeded to show, that there have been particular Courts and Judges appointed; to whose Jurisdiction maritime Causes do belong, and that in