Pirates and Privateers

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'Give me Liberty or Give me Death!'
On 30 October 1718, Attorney General Richard Allein addressed the jury. He explained what constituted piracy and recapped how the defendants came to be standing in the dock. Then he stressed what was expected of them as they sat in judgement.

You are bound by your Oaths, and are obliged to act according to the Dictates of your Consciences, to go according to the Evidence that shall be produced against the Prisoners, without Favour or Affection, Pity or Partiality to any of them, if they appear to be guilty of those Crimes they are charged with. And you are not allowed a latitude of giving in your Verdict according to Will and Humor. (Tryals, 9)

Since some residents within Charles Town seemed to sympathize with these ne’er-do-wells, Allein made a point of explaining why such thinking was wrong. Especially if it concerned Stede Bonnet.

I am sorry to hear some Expressions drop from private Persons, (I hope there is none of them upon the Jury) in favour of the Pirates, and particularly of Bonnet; that he is a Gentleman, a Man of Honour, a Man of Fortune, and one that has had a liberal Education. Alas, Gentlemen, all these Qualifications are but several Aggravations of his Crimes. How can a Man be said to be a Man of Honour, that has lost all Sense of Honour and Humanity, that is become an Enemy of Mankind, and given himself up to plunder and destroy his Fellow-Creatures, a common Robber, and a Pirate?

Nay, he was the Archipirata . . . or the chief Pirate, and one of the first of those that began to commit those Depredations upon the Seas since the last Peace.

I have an Account in my hand of above twenty-eight Vessels taken by him, in company with Thatch, in the West-Indies, since the 5th Day of April last; and how many before, no body can tell.

His Estate is still a greater Aggravation of his Offence, because he was under no Temptation of taking up that wicked Course of Life.

His Learning and Education is still a far greater; because that generally softens Mens Manners, and keeps them from becoming savage and brutish: but when these Qualifications are perverted to wicked Purposes, and contrary to those Ends for which God bestows them upon Mankind, they become the worst of Men, as we see the present Instance, and more dangerous to the Commonwealth. (Tryals, 9-10)

Thomas Hepworth spoke as well. In addition to doing their duty, he advised the jury to reflect on just what kind of nuisance pirates in general had been to Charles Town and its trade. He also made known what he thought of these men, who had taken the King’s pardon and then resumed pillaging.

[C]onsider how long our Coasts have been infested with Pirates, (for the name of Men they do not deserve) and how many Vessels they have taken and pillag’d belonging to this Place, as well as multitudes of others belonging to divers parts of his Majesty’s Dominions, and how many poor Men in whose Blood they have imbru’d their hands with the greatest Inhumanity imaginable, and how many poor Widows and Orphans they have made, and how many Families they have ruin’d, and how long they have gone on in their abominable Wickedness: Nay, do but consider how those very Pirates lately insulted this Government, when they sent for Medicines, threatning to destroy our Vessels and Men in case of refusal; nay, since these have accepted of Certificates from the Government of North Carolina, like Dogs to their Vomits, they have returned to their old detestable way of living, and since taken off these Coasts thirteen Vessels belonging to British Subjects. (Tryals, 11)

When he finished, the Crown called Ignatius Pell to the stand. Although a pirate himself, he had received clemency in exchange for testifying against his mates. He had been held with Stede and David Herriot, but no evidence has shown why he didn’t escape with them. The most logical reason would be that he was free to go about his business once he testified, and he wasn’t about to jeopardize that liberty. Pell had served as Revenge’s boatswain at least since they “came from the Bay of Honduras.” (Tryals, 11) He was also one of the men marooned by Thache.

Maj. Bonnet came with the Boat, and told us, as we were on a Marroon Island, that he was going to St. Thomas’s to get a Commission from the Emperor to go against the Spaniards a Privateering, and we might go with him, or continue there: so we having nothing left, was willing to go with him. (Tryals, 11)

Pell then recounted the various prizes taken and the plunder “traded.” He also made mention that “Reeve’s  Wife . . . and Captain Read’s Son . . . we sent them on shore.” Captain Manwareing, however, remained a prisoner for “[a]bout ten Weeks.” (Tryals, 12)

The pirates being tried that first day were given the opportunity to question the witness, but none did. So, the clerk of the court called Captain Thomas Read to the stand. First, he testified about a capture that he witnessed.

The Sloop Revenge was at an Anchor, and the Scooner lay a long-side of her. I was then a Prisoner on board of the Sloop Revenge. In the Evening we saw a Sloop coming into the Bay, and Major Bonnet sent off five Hands with the Dory; and about an Hour after they came on board the Revenge, and brought Capt. Manwareing. . . . Major Bonnet demanded his Papers; and he gave them to him. He asked him from whence he came? He answered from Antegoa, and bound for Boston. He asked him what he had on board? He told him. (Tryals, 12)

When the clerk of the court asked the prisoners if they wanted to question Read, they replied, “We desire nothing, but that he would speak the Truth.” (Tryals, 13)

Next up was Captain Peter Manwareing, who filled in the gaps of his taking.

When they came on board us, we were at an Anchor. About Eight or Nine of the clock in the Evening we saw the Canoo coming: I ordered my Man to hale them. He asked from whence they came, and what Sloops they were? They answered, Capt. Thomas Richards from St. Thomas’s, and Capt. Read from Philadelphia. So we were glad to hear it; so hoped all was well. But as soon as they came up the Shrowds, they clapp’d their Hands to their Cutlashes. Then I saw we were taken: And I said, Gentlemen, I hope, as you are Englishmen, you’ll be merciful; for you see we have nothing to defend our selves. They told us they would, if we were civil. (Tryals, 13)

The man who actually allowed the pirates to come aboard Manwareing’s sloop was James Killing, the mate.

The Thirty first of July, between Nine and Ten of the clock, there running a strong Tide of Ebb, we came to an Anchor about fourteen Fathom of Water near Cape James. In about half an Hour’s time I perceived something like a Canoo . . . I ordered the Men to hand down a Rope to them [the pirates]. So soon as they came on board, they clapp’d their Hands to their Cutlashes; and I said we are taken. So they curs’d and swore for a Light. I ordered our People to get a Light as soon as possible. So they ordered our Captain immediately to go on board the Revenge; and accordingly was sent with two of their own Hands; and I saw him no more that Night. So when they came into the Cabin, the first thing they begun with was the Pine-Apples, which they cut down with their Cutlashes. They asked me if I would not come and eat along with them? I told them I had but little Stomach to eat. They asked me, why I looked so melancholy? I told them I looked as well as I could. They asked me what Liquor I had on board? I told them some Rum and Sugar. So they made Bowls of Punch, and went to Drinking of the Pretender’s Health, and hoped to see him King of the English Nation: Then sung a Song or two. (Tryals, 13)

With the Crown having proven their case, Judge Trott spoke.

You the Prisoners at the Bar stand charged with Felony and Piracy . . . The Evidences have proved it home upon you . . . so that it appears all of you took up with this wicked Course of Life out of Choice . . . what have you to say in your Defence? (Tryals, 14)

Robert Tucker and Edward Robinson spoke of Stede’s offer to go privateering. Neal Paterson was a bit more vocal on what he experienced.

Thatch came on board and carried away fourteen of our best Hands, and marooned twenty-five of us on an Island; and Maj. Bonnet came and told his he was minded to go . . . a privateering against the Spaniards; so I was willing to go with him, and when I was on board, he forced me to do what he pleased, for it was against my will.

Judge Trott. Did not Thatch carry away your Money and what you had besides of Goods?

N. Paterson. Yes.

Attor. Gen. Was you not all ashore when you received the Act of Grace?

N. Paterson. Yes, Sir.

Attor. Gen. Why had you not continued ashore? Why did you join with Bonnet? or who forc’d you to it?

N. Paterson. But, Sir, it was in a strange Land, and I had no Money, nor nothing left, and I was willing to do something to live; but it was against my will to go a pirating.

Judge Trott. If you were forced, and took only Provisions, pray how did you come to share so much Money and Goods afterwards? . . .

N. Paterson. I could not hinder the rest from doing what they pleased; but it was contrary to my Inclination. (Tryals, 14)

Unimpressed, Judge Trott moved on to the next pirate. He and the remaining defendants gave similar responses, although Job Bayley’s response to Trott’s question on why he fought Colonel Rhett was “We thought it had been a Pirate.” (Tryals, 15) The judge’s disdain could be sensed in his reply: “[H]ow could you think it was a Pirate, when he had King George’s Colours?” (Tryals, 15)

After this, the jury retired to consider their verdict. They sequestered themselves for two hours before rendering it. Job Bayley, Neal Paterson, Edward Robinson, William Scot, and Robert Tucker were found guilty.

Eight more pirates were brought in: Samuel Booth, Thomas Carman, William Hewet, John Levit, William Livers, William Morrison, John William Smith, and John Thomas. These men would be tried by a different jury. Each of the previous witnesses returned and gave their testimonies.

When it came to speaking for themselves, several pirates spoke. Smith did say that what pirating he did “was against my Will.” (Tryals, 16) Carman tried to prove his innocence, saying Thache had forced him into piracy. The only reasons he went on board Stede’s vessel were because he “shewed me the Act of Grace” and “to get my Bread, in hopes to have went where I might have had Business,” and he “had not signed the Articles” before they departed Topsail Inlet. Ignatius Pell countered with “But you gave the Captain your word that you would.” (Tryals, 16)

Thomas swore he had also been forced after being pardoned; the only problem was that he accepted his share of the loot when the booty was divided. The same was true for Livers. When the pirates did speak up for themselves, their words tended to condemn them rather than help them.

In addressing the jury this time, Trott said: “Gentleman of the Jury, I think I need say but little on this matter.” (Tryals, 17) After which the jurors retired to consider their verdict. Each defendant was found guilty.

The next trial began on Friday morning, 31 October 1718. The men standing in the dock this time were Alexander Annand, George Dunkin, William Eddy, Matthew King, Thomas Nichols, Daniel Perry, John Ridge, George Ross, and Henry Virgin. While the pirates were different, the jury, the witnesses, and the evidence for the third trial were the same as the first. The one exception? Defendant Nichols’s actions differed from those of the others.

Ignatius Pell declared, that Nichols . . . was very much discontented; but Maj. Bonnet said he would force him to go. However, he would not join with the rest of the Men, but always separated himself from the Company.

Capt. Read said, that Nichols behaved himself different from the rest, and did not join with them.

Capt. Manwareing said, that Nichols . . . said . . . he hoped to get clear of them, and looked very melancholy, and never joined with the rest in their Cabals when they were drinking: and when Maj. Bonnet sent for him, he refused to go, and said, he would die before he would fight. . . .

Killing. . . . he told me, he would give the whole World if he had it, to be free from them; and when . . . Maj. Bonnet sent for him, he refused to go . . . till he sent to fetch him by force, and then he told me he would not fight if he did lose his Life for it: and he was not with them when they shared . . . and he never was at their Cabals, as the rest were. (Tryals, 18)

On hearing all these witnesses, Judge Trott believed that Nichols had been forced. When Eddy tried to use a similar defense, Trott scoffed at his “I never acted in it.” The judge told the defendant,

That is no Excuse: it is not such or such a one that goes on board only, but those that stand ready to assist them, have as great a hand in the Fact as the other; for Men would not be taken by two or three, if they had no more help: so that the whole Crew are equally concern’d at such a time. (Tryals, 18)

Annand thought he would die if he had not joined; the others put forth mitigating factors, but based on their answers to questions put to them, they proved themselves to be as culpable as Eddy according to Judge Trott’s line of thinking.

This time, when the jury returned from its deliberations, they found all but one defendant guilty of the charges against them. Thomas Nichols was deemed “Not Guilty.” (Tryals, 20)

The next batch of pirates to be tried were Zachariah Long, John Lopez, James Mullett, James Robbins, Thomas Price, and James Wilson. Wilson pleaded guilty, so he was returned to the Watch House. The rest listened to each witness who took the stand. Again, the witnesses and the proceedings were a repeat of the previous trials. Robbins said in his defense that “I was on board the Revenge, and then I was sent on board of Capt. Read’s Sloop, and was there four Days; and then was sent on board the Revenge again. So I was about to run away, if I had an Opportunity.” (Tryals, 20) His defense proved sufficient because the jury came back with a verdict of innocence; the others were guilty.

A bystander might expect that sentences would be pronounced next; instead, the pirates faced second trials, this time for the seizure of Captain Thomas Read’s sloop. The first was held on Saturday morning and pertained to the participation of Bayley, Carman, Paterson, Robinson, Scot, Smith, Tucker, and Thomas. The same jury that had sat in judgment of them the first time, did so this time as well. The evidence given was basically the same; so was what the pirates had to say for themselves. Again, all were judged guilty of the charged crime.

The next group was brought before the bench the same day. The same members of the jury from the first session heard this case too. The evidence presented was much the same as earlier, but Thomas Nichols’s behavior and actions became a focal point. Pell informed the court that “Nichols was very much dissatisfied . . . and did not join with the rest of the Company, and would not take the Share . . . .” (Tryals, 24)

As for Manwareing, he said,

When Nichols was on board my Sloop, he said several times he would get clear of them the first Opportunity, and he hoped it would not be long first; and when Major Bonnet sent for all Hands on board the Revenge, he refused to go, till he sent word, If he would not come, he would make him; and when he went, he said, Before he would fight, he would die: and he always kept himself from the Company, and from their Cabals. (Tryals, 24)

Once again, Killing and Captain Read concurred with the other witnesses’ testimonies. The only difference this time around was that George Dunkin kept trying to convince the jury that his case was similar to Nichols’s. In fact, Read initially considered him to be a captive of the pirates, but the longer he was with them, the less he believed this to be so. Pell verified that Dunkin did accept a share of the plunder. When given the chance to offer a defense, Dunkin provided a “Testimony of his former Behaviour when in Scotland.” (Tryals, 26) Regardless, the outcome of this trial was the same: all but Nichols were deemed guilty.

The court reconvened on Monday, 3 November to try Long, Lopez, King, Mullet, Perry, Price, Ridge, Robbins, Virgin, and Wilson. There were a few minor differences with this trial. Three jurors were new. There was a new witness, Francis Griffin. What remained the same was that all the pirates were found guilty.

Next to be tried were Robert Boyd, John Brierly, Jonathan Clarke, Thomas Gerrard, and Rowland Sharp. They all denied being guilty of the charges. Manwareing, and the other witnesses to lesser degrees, testified that “my Man Garrard . . . told me, he was not able to bear any longer, but was forced to comply with them, for they told him they would . . . make a Slave of him; but he did not receive any of their Goods: and when he was at home, he had the Character of an honest Man, and fought for his King and Country.” (Tryals, 30)

Brierly claimed not to have participated in piracy.

Mr. Boyd and I was in a leaky Canoo, and we were afraid she would sink . . . I stood up and . . . saw . . . a Vessel . . . They sent off their Dory, and asked if we would consent to go with them? And we said no: but they said they would break the Canoo . . . they made me consent to go on board the Revenge, but I never joined myself while I was on board: and then I was ordered on board Capt. Manwareing, and there I worked; but I never bore Arms, nor did not fight Col. Rhett. (Tryals, 30)

Sharp also claimed to have been forced.

After I was taken, I went on shore, and travell’d four days in the Woods without eating or drinking, and could find the way to no Plantation, and so was forced to return again, and I refused to sign the Articles; and one of the Men came and told me I was to be shot . . . but I was resolved to make my escape the first Opportunity. (Tryals, 30)

Clarke’s story was similar. He refused to sign the articles or work the pumps, even though that was the task assigned to him. If he didn’t comply, Stede “told me . . . he would make me Governor of the first Island he came to; for he would put me ashore, and leave me there.” (Tryals, 30)

This time, when the jury revealed their verdicts, Clarke, Gerrard, and Sharp were innocent. Brierly and Boyd were condemned.

These same pirates faced their second trial on Tuesday, 4 November. This time around only Brierly was found guilty.

The next day, all the pirates were brought before Judge Trotter and the rest of the vice-admiralty court. All of those named below had been judged guilty of at least one act of piracy. (One was sufficient to earn the hangman’s noose.)

Pirate	Home Port
Alexander Annand	Jamaica
Job Bayley	London, England
Samuel Booth	Charles Town, South Carolina
Robert Boyd	Bath Town, North Carolina
John Brierly	Bath Town, North Carolina
Thomas Carman	Maidstone, Kent, England
George Dunkin	Glasgow, Scotland
William Eddy	Aberdeen, Scotland
William Hewet	Jamaica
Matthew King	Jamaica
John Levit	North Carolina
William Livers	Dublin, Ireland
Zachariah Long	Holland, The Dutch Republic
John Lopez	Oporto, Portugal
William Morrison	Jamaica
James Mullet	London, England
Neal Paterson	Aberdeen, Scotland
Daniel Perry	Guernsey, Channel Islands
Thomas Price	Bristol, England
John Ridge	London, England
James Robbins	London, England
Edward Robinson	Newcastle upon Tyne, England
George Ross	Glasgow, Scotland
William Scot	Aberdeen, Scotland
John-William Smith	Charles Town, South Carolina
John Thomas	Jamaica
Robert Tucker	Jamaica
Henry Virgin	Bristol, England
James Wilson	Dublin, Ireland

In his address to these men, Judge Trott said,

You cannot but acknowledge that you have all . . . had a fair and indifferent Tryal.

You were fully heard, not only as to all you could pretend to say in your own Defences, but also as to what you alledge in Mitigation of your Crimes.

And indeed, when you saw that the Facts laid in the Indictments were so fully proved against you, tho most of you pleaded Not Guilty . . . yet in the open Court . . . most of you acknowledged the Facts charged upon you. Therefore no one can think but that you were all . . . justly found Guilty; and your own Consciences will oblige you to acknowledge the same. (Tryals, 34)

He went on to talk about the wayward path they had followed, quoting apt scripture to emphasize certain points. He hoped they would take what little time was left to them to truly consider what they had done and to truly repent, for that was the only way in which their souls would be redeemed.

Thus having discharged my Duty to you as a Christian . . . I must now do my Office as a Judge.

The Sentence that the Law hath appointed to pass upon you for your Offences, and which this Court doth therefore award, is,

That you . . . shall go from hence to the place from whence you came, and from thence to the place of Execution, where you shall be severally hanged by the Neck, till you are severally dead.

And the God of infinite Mercy be merciful to every one of your Souls. (Tryals, 36)

Also present were Jonathan Clark (Charles Town, South Carolina), Thomas Gerrard (Antigua), Thomas Nichols (London, England), and Rowland Sharp (Bath Town, North Carolina). Since they had been found not guilty, they were permitted to walk free.

Three days later, on Saturday 8 November, the condemned prisoners were taken to White Point and executed.⁶
                                   

To be continued . . .


Notes:

6. What happens when a person is guilty of one crime and not the other? These were the verdicts rendered at Boyd's two trials. In this instance, he was sentenced to death. At some point thereafter, he was given a reprieve and did not dance the hempen jig.

Nor was he the only one spared, despite being found guilty. Twenty-nine were destined for the hangman's noose; only twenty-two met that fate. The reprieved were Brierly, Carman, Levit, Livers, Ridge, and Wilson.

Resources:

“The Affidavit of Capt. Peter Manwareing” in The Tryals of Major Stede Bonnet. Printed for Benj. Cowse, M. DCC.XIX., 50.
“America and West Indies: January 1718, 1-13” in Calendar of State Papers Colonial, America and West Indies: Volume 30, 1717-1718. His Majesty’s Stationery Office, London, 1930. (Jan. 6. 298.)
“America and West Indies: May 1718” in Calendar of State Papers Colonial, America and West Indies: Volume 30, 1717-1718. His Majesty’s Stationery Office, London, 1930. (May 31. Bermuda. 551)
“America and West Indies: June 1718” in Calendar of State Papers Colonial, America and West Indies: Volume 30, 1717-1718. His Majesty’s Stationery Office, London, 1930. (June 18. Charles Towne, South Carolina. 556.)
“America and West Indies: October 1718,” in Calendar of State Papers Colonial, America and West Indies: Volume 30, 1717-1718. His Majesty’s Stationery Office, London, 1930. (Oct. 21. Charles town, South Carolina. 730.)

Baker, Daniel R. “Stede Bonnet: The Phantom Alliance,” The Pyrate’s Way (Summer 2007), 21-25.
Bialuschewski, Arne. “Blackbeard off Philadelphia: Documents Pertaining to the Campaign against the Pirates in 1717 and 1718,” The Pennsylvania Magazine of History and Biography v.134: no. 2 (April 2010), 165-178.
“Boston,” The Boston News-Letter 16 June 1718 (739), 2.
British Piracy in the Golden Age: History and Interpretation, 1660-1730 edited by Joel H. Baer (volume 2). Pickering & Chatto, 2007.
Brooks, Baylus C. Quest for Blackbeard: The True Story of Edward Thache and His World. Independently published, 2016.
Butler, Nic. “The Watch House: South Carolina’s First Police Station, 1701-1725,” Charleston Time Machine (3 August 2018).

Cooper, Thomas. “An Act for the More Speedy and Regular Trial of Pirates. No. 390.” in The Statutes at Large of South Carolina. Printed by A. S. Johnston, 1838, 3:41-43.
Cordingly, David. Under the Black Flag: The Romance and the Reality of Life Among the Pirates. Random House, 1995.

Dolin, Eric Jay. Black Flags, Blue Waters: The Epic History of America’s Most Notorious Pirates. Liveright, 2018.
Downey, Christopher Byrd. Stede Bonnet: Charleston’s Gentleman Pirate. The History Press, 2012.

Fictum, David. “'The Strongest Man Carries the Day,' Life in New Providence, 1716-1717,” Colonies, Ships, and Pirates (26 July 2015).

Hahn, Steven C. “The Atlantic Odyssey of Richard Tookerman: Gentleman of South Carolina, Pirate of Jamaica, and Litigant before the King’s Bench,” Early American Studies 15:3 (Summer 2017), 539-590.
History of South Carolina edited by Yates Snowden. Lewis Publishing, 1920, 1:173-182.

“The Information of Capt. Peter Manwareing” in The Tryals of Major Stede Bonnet. Printed for Benj. Cowse, M. DCC. XIX., 49.
“The Information of David Herriot and Ignatius Pell” in The Tryals of Major Stede Bonnet. Printed for Benj. Cowse, M. DCC. XIX., 44-48.

Johnson, Charles. A General History of the Pyrates. T. Warner, 1724.

Logan, James. “James Logan letter to Robert Hunter, October 24, 1777." Historical Society of Pennsylvania Discover.
(Special note, the date of the entry is misleading as the date of the letter [viewable and downloadable here] is 24 8 1717 or 24 August 1717. James Logan was deceased in 1777.)
The London Gazette. Issue 5573 (14 September 1717), 1.

Marley, David F. “Thatch, Edward, Alias ‘Blackbeard’ (fl. 1717-1718),” Pirates of the Americas. ABC-CLIO, 2010, 2:787-799.
Malesic, Tony. E-mail posting on PIRATES about Richard Tookerman, 26 September 2001.
Moss, Jeremy R. The Life and Tryals of the Gentleman Pirate, Major Stede Bonnet. Köehler, 2020.
Moss, Jeremy. “Stede Bonnet, Gentleman Pirate: How a Mid-life Crisis Created the ‘Worst Pirate of All Time,’” History Extra (4 January 2023).

“Philadelphia, October 24th,” The Boston News-Letter 11 November 1717 (708), 2.
“A Prefatory Account of the Taking of Major Stede Bonnet, and the other Pirates, by the two Sloops under the Command of Col. William Rhett” in The Tryals of Major Stede Bonnet. Printed for Benj. Cowse, M. DCC. XIX., iii-vi.

Ramsay, David. Ramsay’s History of South Carolina: From Its First Settlement in 1670 to the Year 1808. W. J. Duffie, 1858.

“Top-Earning Pirates,” Forbes (19 September 2008).
The Tryals of Major Stede Bonnet, and Other Pirates. Printed for Benjamin Cowse, MDCCXIX.

Woodard, Colin. The Republic of Pirates: Being the True and Surprising Story of the Caribbean Pirates and the Man Who Brought Them Down. Harcourt, 2007.

Copyright ©2024 Cindy Vallar

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