You, James Skyrm, Michael Lemmon, Robert Hartley, &c.
YE, and every one of you, are in the Name, and by the Authority, of our dread Sovereign Lord, George, King of Great Britain, indicted as follows;
Forasmuch as in open Contempt of the Laws of your Country, ye have all of you been wickedly united, and articled together, for the Annoyance and Disturbance of his Majesty's trading Subjects by Sea. And have in Conformity to the most evil and mischievous Intentions, been twice down the Coast of Africa, with two Ships; once in the Beginning of August, and a second Time, in January last, sinking, burning, or robbing such Ships, and Vessels, as then happened in your Way.
Particularly, ye stand charged at the Instance, and Information of Captain Chaloner Ogle, as Traitors and Pyrates, for the unlawful Opposition ye made to his Majesty's Ship, the Swallow, under his Command.
For that on the 5th of February last past, upon Sight of the aforesaid King's Ship, ye did immediately weigh Anchor from under Cape Lopez, on the Southern Coast of Africa, in a French built Ship of 32 Guns, called the
Ranger, and did pursue and chase the aforesaid King's Ship, with such Dispatch and Precipitancy, as declared ye common Robbers and Pyrates.
That about Ten of the Clock the same Morning, drawing within Gun-shot of his Majesty's aforesaid Ship the Swallow, ye hoisted a piratical black Flag, and fired several chace Guns, to deter, as much as ye were able,his Majesty's Servants from their Duty.
That an Hour after this, being very nigh to the aforesaid King's Ship, ye did audaciously continue in a hostile Defence and Assault, for about two Hours more, in open Violation of the Laws, and in Defiance to the King's Colours and Commission.
And lastly, that in the acting, and compassing of all this, ye were all, and every one of you, in a wicked Combination, voluntarily to exert, and actually did, in your several Stations, use your utmost Endeavours to distress the said King's Ship, and murder his Majesty's good Subjects.
To which they severally pleaded, Not Guilty.
Then the Court called for the Officers of the Swallow, Mr. Isaac Sun, Lieutenant, Ralph Baldrick, Boatswain, Daniel Maclauglin, Mate, desiring them to view the Prisoners, whether they knew them? And to give an Account in what Manner they had attack'd and fought the King's Ship; and they agreed as follows.
That they had viewed all the Prisoners, as they stood now before the Court, and were assured they were the same taken out of one, or other, of the Pyrate Ships, Royal Fortune, or Ranger; but verily believe them to be taken out of the Ranger.
That they did in the King's Ship, at break of Day, on Monday, the 5th of February, 1721-2, discover three Ships at Anchor, under Cape Lopez, on the Southern Coast of Africa; the Cape bearing then W. S. W. about three Leagues, and perceiving one of them to have a Pendant flying, and having heard their Morning-Gun before, they immediately suspected them to be Roberts the Pyrate, his consort, and a French Ship, they knew had been lately carried out of Whydah Road.
The King's Ship was obliged to hawl off N. W. and W. N. W. to avoid a Sand, called, the French Man's Bank, the Wind then at S. S. E. and found in half an Hour's time, one of the three had got under Sail from the Careen, and was bending her Sails, in a Chace towards them. To encourage this Rashness and Precipitancy, they kept away before the Wind, (as though afraid,) but with their Tacks on Board, their Main-Yard braced, and making, at the same Time, very bad Steerage.
About half an Hour after Ten, in the Morning, the Pyrate Ship came within Gun-shot, and fired four Chace Guns, hoisted a black Flag at the Mizen-Peek, and got their Sprit-sail Yard under their Bowsprit, for boarding.