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 Matters both Civil and Criminal.
And then 5thly, He particularly showed them, the Constitution and Jurisdiction of that Court of Admiralty Sessions.
And lastly, the Crimes cognizable therein; and particularly enlarged upon the Crime of Pyracy, which was then brought before them.
The Indictments being found, a petit Jury was sworn, and the following Persons arraigned and tried.
Stede Bonnet, alias Edwards, alias Thomas, late of Barbadoes, Mariner. Robert Tucker, late of the Island of Jamaica, Mariner. Edward Robinson, late of New-Castle upon Tine, Mariner. Neal Paterson, late of Aberdeen, Mariner. William Scot, late of Aberdeen, Mariner. William Eddy, alias Neddy, late of Aberdeen, Mariner. Alexander Annand, late of Jamaica, Mariner. George Rose, late of Glascow, Mariner. George Dunkin, late of Glascow, Mariner. *Thomas Nicholas, late of London, Mariner. John Ridge, late of London, Mariner. Matthew King, late of Jamaica, Mariner. Daniel Perry, late of Guernsey, Mariner. Henry Virgin, late of Bristol, Mariner. James Robbins, alias Rattle, late of London, Mariner. James Mullet, alias Millet, late of London, Mariner. Thomas Price, late of Bristol, Mariner. James Wilson, late of Dublin, Mariner. John Lopez, late of Oporto, Mariner. Zachariah Long, late of the Province of Holland, Mariner. Job Bayly, late of London, Mariner. John-William Smith, late of Charles-Town, Carolina, Mariner. Thomas Carman, late of Maidstone in Kent, Mariner. John Thomas, late of Jamaica, Mariner. William Morrison, late of Jamaica, Mariner. Samuel Booth, late of Charles-Town, Mariner. William Hewet, late of Jamaica, Mariner. John Levit, late of North-Carolina, Mariner. William Livers, alias Evis. John Brierly, alias Timberhead, late of Bath-Town in North Carolina, Mariner. Robert Boyd, late of Bath-Town aforesaid, Mariner. *Rowland Sharp, of Bath-Town, Mariner. *Jonathan Clarke, late of Charles-Town,