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Killing. Major Bonnet gave orders for it to be done.

Judge Trott. What need had you of so much molasses?

Bonnet. I did not carry it away, and it was contrary to my inclination.

Judge Trolt. You gave orders for it to be done, and yet it was contrary to your inclinations.

Clerk. Will you ask the king's evidence any questions?-Bonnet. No, Sir.

Mr. Hepworth. We will call another evidence.

Captain Thomas Read sworn.

Mr. Hepworth. Please to give the Court an account of captain Manwareing's being taken. Read. After we came to Cape James, we saw a sloop come to an anchor, and major Bonnet ordered the dory, with five hands to go off; and in about half an hour they came on board with captain Manwareing.

Att. Gen. Was you on board the Revenge when the dory was sent off?

Read. Yes, Sir.

Att. Gen. And major Bonnet gave orders to take out those goods?-Read. Yes, Sir. Judge Trott. Was he on board himself? Read. Yes; and ordered the several goods to be taken out.

Att. Gen. Do you know if the major received his share?

Read. The captain was in the round-house when they shared, and they brought in several pieces of cloth, and a bag of money.

Mr. Hepworth. Who brought that to him? Read. I do not know which of the men. Att. Gen. And did the captain receive his share?

Read. He ordered it to be put in the chest by the boy.

Clerk. Will you ask any questions?
Bonnet. No, Sir.

Judge Trott. You now stand on your de fence: what have you to say, I shall be ready to hear.

Bonnet. May it please your honours, there is a young man come from North Carolina, that will say something in my defence.

James King sworn.

Judge Trott. What do you know of the prisoner at the bar?

King. When major Bonnet took out his clearance at North Carolina, the sloop was cleared for St. Thomas's, for a commission to go against the Spaniards a privateering.

Mr. Dean. Do you certainly know it was so? King. It was reported to be so by the go

vernor.

Att. Gen. Did you hear the governor declare this?

King. No; but colonel Brice's son told

me so.

Judge Trott. Colonel Brice lives fifty miles in the country, how did he come to inform you of this?

King. He came down out of the country. Judge Trott. If this be all the evidence you have, I do not see this will be of much use to you; but if you have any thing further to say, I shall be ready to hear you.

Bonnet. I should be glad to go through both indictments at once.

Judge Trott. We shall go through but one indictment now; therefore you must prepare to speak to that singly.

Bonnet. May it please your honours, and the rest of the gentlemen, though I must confess myself a sinner, and the greatest of sinners, yet I am not guilty of what I am charged with. As for what the boatswain says, relating to several vessels, I am altogether free; for I never gave my consent to any such actions: for I often told them, if they did not leave off committing such robberies, I would leave the sloop; and desired them to put me on shore. And as for taking captain Manwareing, I assure your honours it was contrary to my inclination. And when I cleared my vessel at North Carolina, it was for St. Thomas's; and I had no other end or design in view but to go there for a com. mission. But when we came to sea, and saw a vessel, the quarter-master, and some of the rest, held a consultation to take it: but I opposed it, and told them again I would leave the sloop, and let them go where they pleased. For, as the young man said, colonel Brice's son can testify that I had clearance for St. Thomas's.

Judge Trott. Was colonel Brice's son there when you cleared for St. Thomas's?

Bonnet. Yes; and col. Brice's son knew I was designed for St. Thomas's.

Judge Trott. But, pray, what business had you at St. Thomas's? Surely after you had contracted so much guilt upon your conscience by your former piracies and robberies, you might have been contented to have lived a retired life in North Carolina, reflected on your former wicked course of living, and repented of the same, and not engaged in new actions.

Bonnet. I never took a vessel but with captain Thatch.

Judge Trott. Did you not take capt. Manwareing's sloop?

Bonnet. It was contrary to my inclinations; and I told them several times if they would not leave off that course of life, I would leave the sloop: and when capt. Manwareing was taken, I was asleep.

Judge Trott. How came you to order the dory to be sent off with five hands to take him? And capt. Read swears it was by your order.

Att. Gen. May it please your honours, and the gentlemen of the jury, the prisoner at the bar hath pleaded Not Guilty to the indictment; but the boatswain, though he seems to bear a very great affection to him, yet tells you that he was commander in chief among them at the time when captain Manwareing was taken. Captain Manwareing tells you, when he was

brought on board the Revenge, he was brought / before him, and no other, and that he delivered his papers to him; and he saw his share brought to him in the round-house, and put into the chest.

Then captain Manwareing's mate says, major Bonnet was on board the sloop, and ordered him to shew which was the molasses, and which was the rum. And then captain Read says, major Bonnet was commander in chief, and that he ordered the Dory to be sent off with five bands to take captain Manwareing. Indeed the prisoner pleads he was under constraint from his men, and that it was contrary to his inclinations; but I think it not common for one that is forced to have such command. And as for what James King says in behalf of the prisoner, that he had his clearance for St. Thomas's, in what he was accused of before, that he deceived his men with a notion of his going there for a commission.

piratically taking the sloop Fortune, with her goods, captain Thomas Read commander.

To which indictment upon his arraignment he pleaded Not Guilty; but now desired leave to withdraw his Plea, and pleaded Guilty. Then the Court adjourned till Wednesday morning.

Wednesday, Nov. 12, 1718.

The Court met according to adjournment. Then Stede Bonnet' alias Edwards alias Thomas, who stood convicted of piracies, as appears by the above Record, being brought to the bar; and being asked what he had to say why judgment of death should not pass upon him:

And he having nothing to allege in arrest of judgment;

Then proclamation for silence was made, while the Judge of the Court of Vice-Admiralty pronounced sentence of death upon the pri

soner.

Judge Trott. Major Stede Bonnet, you stand here convicted upon two indictments of piracy: one by the verdict of the jury, and the other by your own confession.

Although you were indicted but for two facts, yet you know that at your trial it was fully proved, even by an unwilling witness, that you piratically took and rifled no less than thirteen vessels, since you sailed from North Carolina.

Judge Trott. Gentlemen of the jury, the prisoner at the bar stands indicted for felony and piracy, committed on a sloop belonging to captain Peter Manwareing, for breaking and boarding the said sloop. The first evidence, Ignatius Pell, through the great affection he seemed to have for him, was unwilling to speak the truth: yet he cannot deny but he was at the taking of thirteen vessels, and particularly captain Manwareing's, and that he had his share. Then comes captain Manwareing, and he says major Bonnet was commander in chief; and that he was brought before him, and he So that you might have been indicted and gave his papers to him, and by his order it was convicted of eleven more acts of piracy, since that the goods were taken out. And then Kill-you took the benefit of the king's Act of Grace, ing, the mate, he says Bonnet was on board and pretended to leave off that wicked course when the goods were taken out. Then comes of life. captain Read, and he says the dory was sent off by major Bonnet's order; and that his share was brought into the round-house to him. As for his pretence, that his men forced him against his will, it appears by the evidence he did not act like a person under constraint. And in the former trials, several of you remember, that his men generally said, that he deceived them under pretence of his going to St. Thomas's; and that he forced them. So that I think the evidence have proved the fact upon him but I shall leave this to your consideration.

Then an Officer was sworn to keep the Jury Who after they had considered of their verdict, returned, and found the abovesaid Stede Bonnet alias Edwards alias Thomas, Guilty. Then the Court adjourned til Tuesday morning.

Tuesday, Nov. 11, 1718.

The Court met according to adjournment. Then the Court proceeded on the Trial of Stede Bonnet alias Edwards alias Thomas,

upon the second Indictment for feloniously and VOL. XV.

Not to mention the many acts of piracy you committed before; for which, if your pardon from man was never so authentic, yet you must expect to answer for them before God.

You know that the crimes you have committed are evil in themselves, and contrary to the light and law of nature, as well as the law of God, by which you are commanded that you should not steal," Exod. xx. 15. And the apostle St. Paul expressly affirms, that "thieves shall not inherit the kingdom of God,"

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1 Cor. vi. 10.

But to theft you have added a greater sin, of those that resisted you in the committing which is murder. How many you have killed your former piracies, I know not: but this we all know, that besides the wounded, you killed no less than eighteen persons out of those that were sent by lawful authority to suppress you, and to put a stop to those rapines that you daily acted.

And however you may fancy that that was killing men fairly in open fight, yet this know, that the power of the sword not being committed into your hands by any lawful authority, you were not empowered to use any force, or to fight any one; and therefore those persons that fell in that action, in doing their duty to 40

man's "redemption, which the angels desire to look into," 1 Pet. i. 12.

their king and country, were murdered, and their blood now cries out for vengeance and justice against you: for it is the voice of na- And they would have taught you that sin is ture, confirmed by the law of God, that "who- the debasing of human nature, as being a deso sheddeth man's blood, by man shall his blood | viation from that purity, rectitude, and holi be shed." Gen. ix. 6. ness, in which God created us; and that virtue and religion, and walking by the laws of God, were altogether preferable to the ways of sin and Satan; for that the "ways of virtue are ways of pleasantness, and all her paths are peace," Prov. iii. 17.

And consider that death is not the only punishment due to murderers; for they are threatened to have "their part in the lake which burneth with fire and brimstone, which is the second death," Rev. xxi. 8. See chap. xxii. 15. Words which carry that terror with them, that considering your circumstances and your guilt, surely the sound of them must make you tremble; "for who can dwell with everfasting burnings?" chap. xxxiii. 14.

As the testimony of your conscience must convince you of the great and many evils you have committed, by which you have highly offended God, and provoked most justly his wrath and indignation against you, so I suppose I need not tell you, that the only way of obtaining pardon and remission of your sins from God, is by a true and unfeigned repentance and faith in Christ, by whose merito. rious death and passion, you can only hope for salvation.

You being a gentleman that have had the advantage of a liberal education, and being generally esteemed a man of letters, I believe it will be needless for me to explain to you the nature of repentance and faith in Christ, they being so fully and so often mentioned in the Scriptures, that you cannot but know them. And therefore, perhaps, for that reason it might be thought by some improper for me to have said so much to you, as I have already upon this occasion; neither should I have done it, but that considering the course of your life and actions, I have just reason to fear, that the principles of religion that had been instilled into you by your education, have been at least corrupted, if not entirely defaced, by the scepticism and infidelity of this wicked age; and that what time you allowed for study, was rather applied to the polite literature, and the vain philosophy of the times, than a serious search after the law and will of God, as revealed to us in the Holy Scriptures: for" had your delight been in the law of the Lord, and you had meditated therein day and night," Psal. i. 2, you would then have found that God's "word was a lamp unto your feet, and a light to your path," Psal. cxix. 105, and that you will account all other knowledge but loss, in comparison of "the excellency of the knowledge of Christ Jesus,” Phil. iii. 8, | "who to them that are called is the power of God, and the wisdom of God," 1 Cor. i. 24, " even the hidden wisdom which God ordained before the world," chap. ii. 7.

You would then have esteemed the Scriptures as the great charter of heaven, and which delivered to us not only the most perfect laws and rules of life, but also discovered to us those acts of pardon from God, wherein we have offended those righteous laws: for in them only is to be found the great mystery of fallen

But what you could not learn from God's word, by reason of your carelessly, or but superficially considering the same, I hope the course of his providence, and the present afflictions that he hath laid upon you, hath now convinced you of the same: For however in your seem ing prosperity you might make a mock at your sins, Prov. iii. 17. yet now that you see God's hand hath reached you, and brought you to public justice, I hope your present unhappy circumstances hath made you seriously reflect upon your past actions and course of life; and that you are now sensible of the greatness of your sins, and that you find the burden of them is intolerable.

And that therefore being thus, "labouring, and heavy laden with sin," Mat. xi. 28, you will esteem that as the most valuable know. ledge, which can shew you how you can be reconciled to that supreme God whom you have so highly offended; and which can reveal to you him who is not only the powerful “advocate with the Father for you," 1 John . 1, but also who hath paid that debt that is due for your sins by his own death upon the cross for you, and thereby made full satisfaction to the justice of God. And this is to be found no where but in God's word, which discovers to us that "Lamb of God, which taketh away the sins of the world," John i. 29, which is Christ the Son of God: For this know, and be assured, that "there is none other name under heaven given among men, whereby we must be saved," Acts iv. 12, but only by the name of the Lord Jesus.

But then consider how he invites all sinners to come unto him, and “that he will give them rest," Matt. xi. 28, for he assures us, "that be came to seek and to save that which was lost;" Luke xix. 10, Matt. xviii. 11, and hath promised that " he that cometh unto him, he will in wise cast out," John vi. 37.

So that if now you will sincerely turn to him, though late, even at the "eleventh_hour," Matt. xx. 6, 9, he will receive you.

But surely I need not tell you, that the terms of his mercy is faith and repentance.

And do not mistake the nature of repentance to be only a bare sorrow for your sins, arising from the consideration of the evil and punishment they have now brought upon you; but your sorrow must arise from the consideration of your having offended a gracious and merci. ful God.

But I shall not pretend to give you any par ticular directions as to the nature of repentance

duty to you as a Christian, by giving you the best counsel I can with respect to the salvation of your soul, I must now do my office as a judge.

I consider that I speak to a person whose of fences have proceeded not so much from his not knowing, as his slighting and neglecting his duty: Neither is it proper for me to give advice out of the way of my own profession.

You may have that better delivered to you by those who have made divinity their particular study; and who by their knowledge, as well as their office, as being the ambassadors of Christ, 2 Cor. v. 20, are best qualified to give you instructions therein.

I only heartily wish that what, in compassion to your soul, I have now said to you upon this sad and solemn occasion, by exhorting you in general to faith and repentance, may have that due effect upon you, that thereby you may become a true penitent.

And therefore having now discharged my

The sentence that the law hath appointed to pass upon you for your offences, and which this Court doth therefore award, is,

That you the said Stede Bonnet shall go from hence to the place from whence you came, and from thence to the place of exe'cution, where you shall be hanged by the 'neck till you are dead. And the God of infinite mercy be mercifult o your soul !'

On Wednesday, December the 10th, 1718, the said major Stede Bonnet was executed at the White-Point near Charles-Town, according to the above sentence.

458. Proceedings of the House of Lords in Ireland against JEFFERY GILBERT,* esq. Lord Chief Baron, JOHN POCKLINGTON, Esq. and Sir JOHN ST. LEGER, knt. Barons of the Exchequer there, for issuing Process in the Cause of Annesley and Sherlock, in opposition to an Order of that House: 5 GEORGE I. A. D. 1719.

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To the Right Hon. the Lords Spiritual and Temporal in Parliament assembled, the humble PETITION of Alexander Burrowes, esq. late Sheriff of the county of Kildare. Most humbly sheweth; That on the 3d day of October, 1717, your lordships were pleased to order, that the high-sheriff of the county of Kildare should forthwith put Hester Sherlock into the possession of the lands of Little Rath, and other lands in the said Order mentioned, which were to be held by her till she should receive thereout the sum of 1,5071. 14s. 84d., chargeable upon the said lands.

That Charles Nuttal, esq. then high-sheriff of the county of Kildare, in obedience to, and by virtue of your lordships' said Order, on the 6th day of October aforesaid, put the said Hester Sherlock into the possession of the premises; and she was in the actual possession thereof, when your petitioner was appointed and sworn

* In 1722, he was appointed a baron of the Exchequer in England, and in 1725 chief baron of that Court.

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sheriff of the said county of Kildare for the year, ending at Michaelmas, 1718.

That on the 15th day of March, 1717, an injunction issued out of the Court of Exchequer, signed by the right honourable Jeffery and under the seal thereof, directed to your Gilbert, esq. lord chief baron of the said Court; petitioner, being then sheriff of the said county; whereby your petitioner was required immediately after receipt thereof, pursuant to an order of the said Court of Exchequer, bearing date the 19th day of February preceding, (alnotice of your lordships' said Order of the 3d of though the barons of the said Court had due October aforesaid) to restore Maurice Annesley, esq. to the possession of those lands, whereof the said Hester Sherlock was then actually possessed by virtue of, and under your lordships' said Order. And your petitioner was also required by the said injunction to support and keep the said Maurice Annesley in such possession of the premises till the further order of the said Court, or till the said Maurice Annesley should be thereout evicted by due course of law; which injunction was delivered to your petitioner by John Annesley (the said Maurice's brother) who required your petitioner to give him the possession of the said lands, having a Letter of Attorney from his said brother for that purpose (as he informed your petitioner ;) but your petitioner refused to execute the said injunction, conceiving it to be a breach of your lordships' said Order of the 3d of October, 1717, and of the rights and privileges of this honourable House,

Whereupon the said John Annesley in his proper person, on the 13th day of May, 1718, moved the said Court of Exchequer on his affidavit, setting forth, that your petitioner refused to execute the said injunction, and prayed that the said affidavit might be read, which was ordered; and accordingly read by John Beau-behalf of your petitioner. man, gent. one of the attornies of the said Court, and the said lord chief baron, and the honourable John Pocklington, esq. and sir John St. Leger, kt. two other of the barons of the said Court, then sitting in the said Court of Exchequer, ordered, that your petitioner should be fined 40s. if he did not return the said injunction in four days; and on several motions afterwards made by the said John Beauman, the said barons imposed several fines on your petitioner, which amount to 777. sterling, and upon said Beauman's motion on the 30th day of June, 1718, ordered an attachment to the pursuivant against your petitioner, for the matters aforesaid, which accordingly issued.

against your petitioner; although the said return was never complained of by the said Maurice Annesley, or his counsel, nor bad your petitioner an opportunity or day given him to justify the legality of the said return, though the same was prayed by the said Draycott in

That the said barons, without having any regard to the said return, on the 7th day of November last, upon said Beauman's motion, ordered the said attachment to the pursuivant to be renewed against your petitioner; which having issued, your petitioner was obliged to abscond, and keep as private as possible, so that he could not attend his affairs, whereby your petitioner has suffered very much in his fortune.

That by reason of the said attachment to the pursuivant, so from time to time issued against your petitioner, he could not come upon his accounts before the said barons in the said Court of Exchequer: your petitioner being That on the 7th day of July, 1718, your advised and well assured, that if he should appetitioner returned the said Writ of Injunction, pear in the said Court the said barons would and thereon returned in hac verba, your lord- commit your petitioner into close custody, for ships' said Order of the 3d day of October, 1717, not obeying their said injunction. And the said and the resolutions of this honourable House, barons taking advantage of your petitioner's bearing date the 11th day of February, 1703, said circumstances, ordered your petitioner to on the Petition of Edward earl of Meath, and be fined 1,2001. and upwards, for not coming Cecilia countess of Meath his wife; of which upon his accounts; though your petitioner althe said barons had likewise due notice. And ways, was, and still is ready, to give his mathat your petitioner, by reason of your lord-jesty a just and true account of his said office ships' said Order and Resolutions, and of the of sheriff-wick, while he was concerned there. rights and privileges of this honourable House, in. durst not restore the said Maurice Annesley to the possession of the premises, as by the said Writ of Injunction was required.

That all the said fines being imposed on your petitioner for not returning said writ, and your petitioner having complied with the said orders by returning the same; the said barons Pocklington and St. Leger, on the 16th day of July, 1718, sitting publicly upon the reducing of tines in the Exchequer chamber, and having heard the said several fines imposed on your petitioner read unto them by the proper officer, and being by him informed, that your petitioner had returned said injunction, were pleased to reduce, and accordingly took off the said fines, upon paying 6d. in the pound, (as by a rule made by the barons had been practised in such cases, though the same was never taken before, as your petitioner is informed;) but in the afternoon of the said day, John Draycott, one of the attorneys of the said Court, (who paid the box for your petitioner on taking off the said fines) was sent for by the said lord chief baron to his lordship's house, where the said other two barons then were; and after the said barons had heard the said Writ of Injunction and return read, and what was offered in behalf of your petitioner in justification of the said return, the said barons were pleased, at his lordship's said house, to oblige the said Draycott to take back the money he so paid for taking off said fines; and estreated the same, which bave since issued in process

May it therefore please your lordships to take the premises into consideration, and make such order therein for your petitioner's relief, as to your lordships in your great wisdom shall

seem meet.

And your petitioner will ever pray,

ALEX. BURROWES.

Upon reading this Petition, the House of Lords referred it to the Committee for courts of justice, who after an examination into the affair, made the following Report by the lord bishop of Clogher, their chairman.

of justice, to whom the Petition of Alexander
My Lords; The lords committees for courts
Burrowes, esq. late sheriff of the county of
Kildare, was referred, do find,

That by the Order of this House of the 3rd of October, 1717, Hester Sherlock, widow, was upon the 6th of the same month, put into the actual possession of the lands of Little Rath, Bodingstown, Darr and Mullenafooky in the county of Kildare, by Edward Conyers, under sheriff to Charles Nuttall, esq. then high sheriff of the said county; to continue therein will she should receive thereout the sum of 1,5077, 14s. 84d. chargeable on the said lands; and the said Hester continued so possessed by virtue of the said Order for near two years.

That by the minutes of the Chancery side of the Exchequer it appears, that the lord chief baron of the Exchequer, on the 19th February,

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