A general history of the pyrates : $b from their first rise and settlement in the island of Providence, to the present timeJohnson, Charles, active 1724-1731
History
A general history of the pyrates : $b from their first rise and settlement in the island of Providence, to the present time
Johnson, Charles, active 1724-1731
Pirates -- Early works to 1800
And first, it may be observed from the List, that a great Part of these
Pyrate Ships Crews, were Men entered on the Coast of _Africa_, not many
Months before they were taken; from whence, it may be concluded, that the
pretended Constraint of _Roberts_, on them, was very often a Complotment
between Parties equally willing: And this _Roberts_ several Times openly
declared, particularly to the _Onslow_'s People, whom he called aft, and
ask'd of them, _who was willing to go, for he would force no Body?_ As was
deposed, by some of his best Hands, after Acquittal; nor is it reasonable
to think, he should reject _Irish_ Voluntiers, only from a Pique against
_Kennedy_, and force others, that might hazard, and, in Time, destroy his
Government: But their Behaviour soon put him out of this Fear, and
convinc'd him, that the Plea of Force was only the best Artifice they had
to shelter themselves under, in Case they should be taken; and that they
were less Rogues than others, only in Point of Time.
It may likewise be taken Notice of, that the Country, wherein they happened
to be tried, is among other Happinesses, exempted from Lawyers, and
Law-Books, so that the Office of Register, of necessity fell on one, not
versed in those Affairs, which might justify the Court in want of Form,
more essentially supply'd with Integrity and Impartiality.
But, perhaps, if there was less Law, there might be more Justice, than in
some other Courts; for, if the civil Law be a Law of universal Reason,
judging of the Rectitude, or Obliquity of Mens Actions, every Man of common
Sense is endued with a Portion of it, at least sufficient to make him
distinguish Right from Wrong, or what the Civilians call, _Malum in se._
Therefore, here, if two Persons were equally Guilty of the same Fact, there
was no convicting one, and bringing the other off, by any Quirk, or turn of
Law; for they form'd their Judgments upon the Constraint, or Willingness,
the Aim, and Intention of the Parties, and all other Circumstances, which
make a material Difference. Besides, in Crimes of this Nature, Men bred up
to the Sea, must be more knowing, and much abler, than others more learned
in the Law; for, before a Man can have a right Idea of a Thing, he must
know the Terms standing for that Thing: The Sea-Terms being a Language by
it self, which no Lawyer can be supposed to understand, he must of
Consequence want that discriminating Faculty, which should direct him to
judge right of the Facts meant by those Terms.
Public-domain text, read in full here on John Shaqi.
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