The Court well knew, it was not poſſible to get the Evidence of every Sufferer by this Crew, and therefore, firſt of all, conſidered how that Deficiency ſhould be ſupplied; whether, or no, they could pardon one Jo. Dennis, who had early offered himſelf, as King’s Evidence, and was the beſt read in their Lives and Converſations: Here indeed, they were at a Loſs for Law, and concluded in the Negative, becauſe it look’d like compounding with a Man to ſwear falſly, loſing by it, thoſe great Helps he could have afforded.
Another great Difficulty in their Proceedings, was, how to underſtand thoſe Words in the Act of Parliament, of, particularly ſpecifying in the Charge, the Circumſtances of Time, Place, &c.
i. e. ſo to underſtand them, as to be able to hold a Court; for if they had been indicted on particular Robberies, the Evidence had happened moſtly from the Royal African Company’s Ships, on which theſe Gentlemen of Cape-Corſo-Caſtle, were not qualify’d to ſit, their Oath running, That they have no Intereſt directly, or indirectly, in the Ship, or Goods, for the Robbery of which, the Party ſtands accuſed:
And this they thought they had, Commiſſions being paid them, on ſuch Goods: And on the other Side, if they were incapacitated, no Court could be formed, the Commiſſion abſolutely requiring three of them by Name.
To reconcile all Things, therefore, the Court reſolved, to bottom the whole of their Proceedings on the Swallow’s Depoſitions, which were clear and plain, and had the Circumſtance of Time when, Place where, Manner how, and the like, particularly ſpecified according to the Statute in that Caſe made, and provided. But this admitted only a general Intimation of Robbery in the Indictment, therefore to approve their Clemency,
it looking Arbitrary on the Lives of Men, to lump them to the Gallows, in ſuch a ſummary Way as muſt have
