That the Prisoners were possess'd of a Ship of 40 Guns, called the _Royal Fortune_, and were at an Anchor under Cape _Lopez_, on the Coast of _Africa_, with two others: When his Majesty's Ship the _Swallow_, (to which the Deponents belong'd, and were Officers,) stood in for the Place, on _Saturday_ the 10th of _February_ 1721-2: The largest had a Jack, Ensign and Pendant flying, (being this _Royal Fortune_,) who on Sight of them, had their Boats passing and repassing, from the other two, which they supposed to be with Men: The Wind not favouring the aforesaid King's Ship, she was obliged to make two Trips to gain nigh enough the Wind, to fetch in with the Pyrates; and being at length little more than random Shot from them, they found she slipped her Cable, and got under Sail. At Eleven, the Pyrate was within Pistol-Shot, a Breast of them, with a black Flag, and Pendant hoisted at their Main-topmast Head. The Deponents say, they then struck the _French_ Ensign that had continued hoisted at their Staff all the Morning till then; and display'd the King's Colours, giving her, at the same Time, their Broadside, which was immediately returned. The Pyrate's Mizen-topmast fell, and some of her Rigging was torn, yet she still out sailed the Man of War, and slid half Gun-Shot from them, while they continued to fire without Intermission, and the other to return such Guns as could be brought to bear, till by favour of the Winds, they were advanced very nigh again; and after exchanging a few more Shot, about half an Hour past one, his Main-Mast came down, having received a Shot a little below the Parrel. At Two she struck her Colours, and called for Quarters, proving to be a Ship, formerly call'd the _Onslow_, but by them, the _Royal Fortune_; and the Prisoners from her, assured them, that the smallest Ship of the two, then remaining in the Road, belong'd to them, by the Name of the _Little Ranger_, which they had deserted on this Occasion. _Isaac Sun_, _Ralph Baldrick_, _Daniel Maclaughlin._ The Prisoners were asked by the Court, to the same Purpose the others had been in the Morning; what Exception they had to make against what had been sworn? And what they had to say in their Defence? And their Reply were much the same with the other Prisoners; that they were forc'd Men, had not fired a Gun in this Resistance against the _Swallow_, and that what little Assistance they did give on this Occasion, was to the Sails and Rigging, to comply with the arbitrary Commands of _Roberts_, who had threaten'd, and they were perswaded would, have Shot them on Refusal.