After this, the Deponents say, their Fire grew slack for some Time, because the Pyrate was shot so far a Head on the Weather-Bow, that few of their Guns could Point to her; yet in this Interval their black Flag was either Shot away, or hawled down a little Space, and hoisted again.
At length, by their ill Steerage, and Favour of the Wind, they came near, a second Time; and about Two in the Afternoon shot away their Maintopmast.
The Colours they fought under, besides a black Flag, were a red English Ensign, a King's Jack, and a Dutch Pendant, which they struck at, or about, Three in the Afternoon, and called for Quarters; it proving to be a French built Ship of 32 Guns, called the Ranger.
Isaac Sun,
Ralph Baldrick,
Daniel Maclauglin.
When the Evidence had been heard, the Prisoners were called upon to answer, how they came on Board this Pyrate Ship; and their Reason for so audacious a Resistance, as had been made against the King's Ship.
To this, each, in his Reply, owned himself to be one of those taken out of the Ranger; that he had signed their piratical Articles, and shared in their Plunder, some few only accepted, who had been there too short a Time. But that neither in this signing, or sharing, nor in the Resistance had been made against his Majesty's Ship, had they been Volunteers, but had acted in these several Parts, from a Terror of Death; which a Law amongst them, was to be the Portion of those who refused. The Court then ask'd, who made those Laws? How those Guns came to be fired? Or why they had not deserted their Stations, and mutinied, when so fair a Prospect of Redemption offered? They replied still, with the same Answers, and could extenuate their Crimes, with no other Plea, than being forced Men. Wherefore the Court were of Opinion, that the Indictment, as it charged them with an unlawful Attack and Resistance of the King's Ship, was sufficiently proved; but then it being undeniably evident, that many of these Prisoners had been forced, and some of them of very short standing, they did, on mature Deliberation, come to this merciful Resolution;
That they would hear further Evidence for, or against, each Person singly, in Relation to those Parts of the Indictment, which declared them Volunteers, or charged them with aiding and assisting, at the burning, sinking, or robbing of other Ships; for if they acted, or assisted, in any Robberies or Devastations, it would be a Conviction they were Volunteers; here such Evidence, though it might want the Form, still carried the Reason of the Law with it.
The Charge was exhibited also against the following Pyrates taken out of the Royal Fortune.
| * Mich. Mare | in the Rover 5 Years ago | |
| * Chris. Moody | under Davis | 1718. |
| * Mar. Johnson | a Dutch Ship | 18. |
| * James Philips | the RevengePyrate Sloop | 17. |
| * David Symson | Pyrates with Davis | |
| * Tho. Sutton | Pyrates with Davis | |
| * Hag. Jacobson | a Dutch Ship | 1719 |
| * W. Williams 1 | Sadbury Captain Thomas Newfoundland | 1719 |
| * Wm. Fernon | Sadbury Captain Thomas Newfoundland | June 1720. |
| * W. Willams 2 | Sadbury Captain Thomas Newfoundland | June 1720. |
| * Roger Scot | Sadbury Captain Thomas Newfoundland | |
| * Tho. Owen | York of Bristol | May 1720. |
| * Wm. Taylor | York of Bristol | May 1720. |
| * Joseph Nositer | Expedition of Topsham | May 1720. |
| * John Parker | Willing Mind of Pool | July 1720. |
| * Robert Crow | Happy Return Sloop | July 1720. |
| * George Smith | Mary and Martha | July 1720. |
| * Ja. Clements | Success Sloop | July 1720. |
| * John Walden | Blessing of Lymington | July 1720. |
| * Jo. Mansfield | from Martinico | |
| † James Harris | Richard Pink | |
| * John Philips | a fishing Boat | |
| Harry Glasby | Samuel Capt. Cary. | July 1720. |
| Hugh Menzies | Samuel Capt. Cary. | July 1720. |
| * Wm. Magnus | ||
| * Joseph Moor | May Flower Sloop | Feb. 1720. |
| † John du Frock | Loyd Gally Capt. Hyngston | May 1721. |
| Wm. Champnies | Loyd Gally Capt. Hyngston | May 1721. |
| George Danson | Loyd Gally Capt. Hyngston | May 1721. |
| † Isaac Russel | Loyd Gally Capt. Hyngston | |
| Robert Lilbourn | Jeremiah and Ann, Capt. Turner | Ap. 1721. |
| * Robert Johnson | Jeremiah and Ann, Capt. Turner | Ap. 1721. |
| Wm. Darling |
|