The Court well knew, it was not possible to get the Evidence of every Sufferer by this Crew, and therefore, first of all, considered how that Deficiency should be supplied; whether, or no, they could pardon one _Jo. Dennis_, who had early offered himself, as King's Evidence, and was the best read in their Lives and Conversations: Here indeed, they were at a Loss for Law, and concluded in the Negative, because it look'd like compounding with a Man to swear falsly, losing by it, those great Helps he could have afforded. Another great Difficulty in their Proceedings, was, how to understand those Words in the Act of Parliament, of, _particularly specifying in the Charge, the Circumstances of Time, Place_, &c. _i. e._ so to understand them, as to be able to hold a Court; for if they had been indicted on particular Robberies, the Evidence had happened mostly from the Royal _African_ Company's Ships, on which these Gentlemen of _Cape-Corso-Castle_, were not qualify'd to sit, their Oath running, _That they have no Interest directly, or indirectly, in the Ship, or Goods, for the Robbery of which, the Party stands accused_: And this they thought they had, Commissions being paid them, on such Goods: And on the other Side, if they were incapacitated, no Court could be formed, the Commission absolutely requiring three of them by Name. To reconcile all Things, therefore, the Court resolved, to bottom the whole of their Proceedings on the _Swallow's_ Depositions, which were clear and plain, and had the Circumstance of Time when, Place where, Manner how, and the like, particularly specified according to the Statute in that Case made, and provided. But this admitted only a general Intimation of Robbery in the Indictment, therefore _to approve their Clemency_, it looking Arbitrary on the Lives of Men, to lump them to the Gallows, in such a summary Way as must have been done, had they solely adhered to the _Swallow_'s Charge, they resolved to come to particular Tryals. Secondly, _That the Prisoners might not be ignorant whereon to answer_, and so have all fair Advantages, to excuse and defend themselves; the Court farther agreed with Justice and Equanimity, to hear any Evidence that could be brought, to weaken or corroborate the three Circumstances that compleat a Pyrate; first, being a Voluntier amongst them at the Beginning; secondly, being a Voluntier at the taking or robbing of any Ship; or lastly, voluntarily accepting a Share in the Booty of those that did; for by a Parity of Reason, where these Actions were of their own disposing, and yet committed by them, it must be believed their Hearts and Hands joyned together, in what they acted against his Majesty's Ship the _Swallow._ _The_ TRYALS _of the_ PYRATES, _Taken by his Majesty's Ship the_ Swallow, _begun at Cape_ Corso-Castle, _on the Coast of_ Africa, March _the_ 28_th_, 1722.