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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, South Carolina, Mariner. *Thomas Gerrard, late of Antegoa, Mariner.
And all, except the three last, and Thomas Nicholas, were found Guilty, and received Sentence of Death.
They were most of them try'd upon two Indictments, as follows.
THE Jurors for our Sovereign Lord the King, do upon their Oath present, that Stede Bonnet, late of Barbadoes, Mariner, Robert Tucker, &c. &c. The 2d Day of August, in the fifth Year of the Reign of our Sovereign Lord George, &c. By Force of Arms upon the High-Sea, in a certain Place called Cape James, &c. did piratically, and fellonionsly set upon, break, board, and enter, a certain Merchant Sloop, called the Frances, Peter Manwaring Commander, by Force, &c. upon the High-Sea, in a certain Place, called Cape James, alias Cape Inlope, about two Miles distant from the Shore, in the Lattitude of 39, or thereabouts; and within the Jurisdiction of the Court of Vice-Admiralty, of South-Carolina, being a Sloop of certain Persons, (to the Jurors, unknown) and then, and there, piratically, and felloniously did make an Assault, in, and upon the said Peter Manwaring, and others his Mariners, (whose Names to the Jurors aforesaid, are unknown,) in the same Sloop, against the Peace of God, and of our said now Sovereign Lord the King, then, and there being, piratically and felloniously, did put the aforesaid Peter Manwaring, and others, his Mariners, of the same Sloop, in the Sloop aforesaid, then being, in corporal Fear of their Lives, then and there, in the Sloop aforesaid, upon the High-Sea, in the Place aforesaid, called Cape James, alias Cape Inlopen, about two Miles from the Shore, in the Lattitude of 39, or thereabouts, as aforesaid, and within the Jurisdiction aforesaid; piratically, and felloniously, did steal, take, and carry away the said Merchant Sloop, called the Frances, and also twenty six Hogsheads, &c. &c. &c. being found in the aforesaid Sloop, in the Custody and Possession of the said Peter Manwaring, and others, his Mariners of the said Sloop, and from their Custody and Possession, then and there, upon the High-Sea aforesaid, called Cape James, alias Cape Inlopen, as aforesaid, and within the Jurisdiction aforesaid, against the Peace of our now Sovereign Lord the King, his Crown and Dignity.
This was the Form of the Indictments they were arraigned upon, and tho’ they might have proved several more Facts upon the major Part of the Crew, the Court thought fit to prosecute but two; the other was for seizing in a piratical and felonious Manner, the Sloop Fortune, Thomas Read Commander; which Indictment running in the same Form with the above-mentioned, it will be unnecessary to say more of it.
All the Prisoners arraigned, pleaded Not Guilty, and put themselves upon their Tryals, except James Wilson, and John Levit, who pleaded Guilty to both Indictments, and Daniel Perry, to one only. The Major would have gone through both the Indictments at once, which the Court not admitting, he pleaded Not Guilty to both Indictments, but being convicted of one, he retracted his former Plea to the second Indictment, and pleaded Guilty to it.
The Prisoners made little or no Defence, every one pretending only that they were taken off a Maroon Shore, and were shipped with Major Bonnet to go to St. Thomas's; but being out at Sea, and wanting Provisions, they were obliged to do what they did by others; and so did Major Bonnet himself, pretend that ’twas Force, not Inclination, that occasioned what had happened. However, the Facts being plainly proved, and that they had all shared ten or eleven Pounds a Man, excepting the three last, and Thomas Nichols, they were all but they, found Guilty. The Judge made a very grave Speech to them, setting forth the Enormity of their Crimes, the Condition they were now in, and the Nature and Necessity of an unseigned Repentance; and then recommended them to the Ministers of the Province, for more ample Directions, to fit them for Eternity, for (concluded he) the Priest's Lips shall keep Knowledge, and you shall seek the Law at their Mouths; for they are the Messengers of the Lord. Mat. II. 57. And the Ambassadors of Christ, and unto them is committed the Word [or Doctrine] of Reconciliation,