and Veſſels of his Majeſty’s Subjects, and other trading Nations.
Particularly ye ſtand indicted at the Information and Inſtance of Captain Chaloner Ogle, as Traytors, Robbers, Pyrates, and common Enemies to Mankind.
For that on the 10th of February laſt, in a Ship ye were poſſeſs’d of called the Royal Fortune, of 40 Guns, ye did maintain a hoſtile Defence and Reſiſtance for ſome Hours, againſt his Majeſty’s Ship the Swallow, nigh Cape Lopez Bay, on the Southern Coaſt of Africa.
That this Fight and inſolent Reſiſtance againſt the King’s Ship, was made, not only without any Pretence of Authority, more than that of your own private depraved Wills, but was done alſo under a black Flag, flagrantly by that, denoting your ſelves common Robbers and Traitors, Oppoſers and Violators of the Laws.
And laſtly, that in this Reſiſtance, ye were all of you Voluntiers, and did, as ſuch, contribute your utmoſt Efforts, for diſabling and diſtreſſing the aforeſaid King’s Ship, and deterring his Majeſty’s Servants therein, from their Duty.
To which they ſeverally pleaded, Not Guilty
.
Whereupon the Officers of his Majeſty’s Ship, the Swallow, were called again, and teſtified as follows.
That they had ſeen all the Priſoners now before the Court, and knew them to be the ſame which were taken out of one or other of the Pyrate Ships, Royal Fortune or Ranger, and verily believe them to be thoſe taken out of the Royal Fortune.
That the Priſoners were poſſeſs’d of a Ship of 40 Guns, called the Royal Fortune, and were at an Anchor under Cape Lopez, on the Coaſt of Africa, with two others: When his Majeſty’s Ship the Swallow, (to which the Deponents belong’d, and were Officers,) ſtood in for the Place, on Saturday the 10th of February 1721-2: The largeſt had a Jack,
