Capt. Bartho. Roberts. 279 



The 'Court well knew, it was not poffible to get 

 the Evidence of every Sufferer by this Crew, and 

 therefore, firft of all, confidered how that Deficien- 

 cy Ihould be fuppHed ; whether, or no, they could 

 pardon one "jo. Dennisy who had early offered him-- 

 felf, as King's Evidence, and was the beft read in 

 their Lives and Converfations : Here indeed, they 

 vvere at a Lofs for Law, and concluded in the Ne* 

 gative, becaufe it looked like compounding with a 

 Man to fwear falfly^ lofing by it, thofe great Helps 

 he could have afforded. 



Another great Difficulty in their Proceedings, 

 wa?, how to underftand thofe Words in the Afl: of 

 Parliament, of, particularly fpecijylng in the Charge^ the 

 Circumftances of Time^ PlacCy ike. i. e. fo to underftand 

 them, as to be able to hold a Court for it they 

 had been indifted on particular Robberies, the Evi- 

 dence had happened moftly from the Royal African 

 Company's Ships, on which thefe Gentlemen of 

 Cape-Corf o-Caflle^ were not qualify'd to fit, their Oath 

 running. That they have no Inter eft- direUly^ or indi^ 

 rcStly^ in the Shipy or Goodsy for the Robbery of whichy 

 the Tarty fiands accufed : And this they thought they 

 had, Commiffions being paid them, on fuch Goods : 

 And on the other Side, if they were incapacitated, 

 no Court could be formed, the Commiflion abfblute* 

 Jy requiring three of them by Name. 



To reconcile all Tilings, theriefore, the Court 

 refolded, to bottom the whole of their Proceedings 

 on the Swallow's Depofitions, which were clear and 

 plain, and had the Circumftance of Time when. 

 Place where, Manner how, and the like, particu- 

 larly Ipecified according to the Statute in that Cafe 

 made, and provided. But this admitted only a ge- 

 neral Intimation of Robbery in the Indiftmeijt, 

 therefore to approve their Clemency y it looking Arbi- 

 trary oil the Lives of Men, to lump them to the 

 Gallows, in fuch a fummary Way as muft have 



S 4 been 



