CAptain George Cusacke, sometimes called Dixon, and at other times Smith, with se­veral of his Confederates have been de­tained above six months Prisoners in the Marshalses in order to their Tryal, which at last was appointed to be on Thursday the seventh of Ian. In­stant, at Justice-Hall in the Old-Bayley, as a place most convenient for that purpose; But this Cap­tain being it seems conscious of his own Merits, and apprehensive of the danger, on the Munday before in the Night time broke Prison, getting first down a Chimney into a lower Chamber, and then by a rope into a Garden, and so cleverly made his e­scape, and could not be heard of till this very Thurs­day, just as the Court was going to sit; at which time diligent inquiry having been made all ways, and re­wards promised for his Discovery; News came that there was notice of him at a certain House towards the upper end of Holbourn, where immediately af­ter he was taken in bed with a Woman, who was brought along with him forth with to the Old-Bayley, and was by some reported to be his Sister; The o­ther prisoners were brought over the Water with a strong guard.

[Page 4]The Court was held by special commission of O­ier and Terminer, and Goal-Delivery, directed to Honourable persons of the Court of Admiralty, and several of his Majesties Justices of the Courts at Westminster, &c. A silver Oar was born be­fore the Judge of the Admiralty, and three Anchors put up on a cloath above the Kings Arms, over the Bench.

The Judge after the Commission read gave his charge to the grand Inquest in an excellent Ora­tion, acquainting th [...]m with his Majesties right of Soveraignity over the Brittish Seas even to the ve­ry shores of his Neighbours; that they have always been accounted the royal Chambers of our English Monarchs, whose Jurisdiction extends to punish all outrages, violencies, and offences whatsoever committed thereupon by any persons whether his Subjects or strangers upon Ships, persons, or goods of our own Nation, or others in Amity with us; Then he shewed the heiniousness of the crime of Pyracy, that it was against the Law of Nations, de­structive to commerce, and therefore particularly branded by our English Laws by being excepted out of the benefit of Clergy, allowed in other cases, devi­ding the offences he had to give them in charge as the subjects of [...]heir enquiry at this time into things a­gainst the statute Law, and things contrary to th [...] laws customes and usages of the Admiralty, on each of which he particularly enlarged, and amongst other things declared the Ceremony of the Flag to be our Kings indubitable right, whereby al Ships whatsoever [Page 5] in those Seas are bound to strike to those of his Maje­sties wherever they meet them, and that all that refuse so to do are severely punishable by the Laws and cu­stomes of the Admiralty, &c.

Immediately after this, six prisoners were brought to the Bar: viz. George Cusack, William Coundon, Gerrard Stack▪ Simon Harker, Henry Lovewell, and VVilliam Col­lingwood; who were indicted for that on the third Day of Iuly last past they Pyratically and feloniously did set upon a Ship call'd the Robert near a place call'd the Fly on the Coast of Holland, and by another indictment that they had feloniously stoln several goods out of a­nother ship, whose names to the Iurors was unknown. To both these Indictments they pleaded not guilty: But upon the Evidence the case appeared to be in ef­fect thus▪ Crusacke and others of his company, having a design to rob this ship, and understanding the Master wanted Seamen, set two of their Confederates to offer their service to him, where they were entertained, and at last betray'd the ship into his hands, which he car­ryed away, &c. The Captain at first took some excep­tion to the Jury not for any prejudice against any par­ticular men of them, but because they were Citizens, who did not, he said, understand Marine affairs, and that it was necessary Sea Captains and Masters of ships should have been empannel'd, upon which oca­sion he cryed out. We will be try'd my Lord by men of our own Trade. Which being understood in ano­ther sence made not only the Audience, but his fellow Prisoners to laugh heartily; But being over ruled in this, he next insisted on a Commission from the French King, which was read, but was found to be directed to another person; but he alledged it was his Kinsman, [Page 6] who had the grant of a Commission at the same time, and that by mistake the Commissions were changed, and so his Kinsmans Commission sent to him from Calice to London, where he paid a summ of money for it to the French resident, and that he not being able to read French could not perceive the error, but acted by it, not doubting but it had been his own, and that this Ship the Robert was never made any free ship of Eng­land, but the owners were Dutch, and liv'd in Rotter­dam, and that they hop'd the Court would all [...]w of his Commission, the Court told him the Commission was nothing worth, for if it had been directed to him (as it was not) there yet was no power given him thereby to seize ships of England as this was proved to be; be­sides they askt how he durst take a Comission from any forraign Prince directly contrary to the late trea­ty and his Majesties Proclamation. To which he reply­ed that his Commission bore date before that procla­mation; and besides insisted that whereas by the In­dictment he was charged with an offence committed Super altum Mare upon the Sea, this Ship was taken in one of the Dutch ports, and so not appertaining to the Jurisdiction of the English Admiralty, but this the witnesses refuted proving she was taken three Leagues out at Sea off from the Fly.

This having taken up some time in debate, and all heard that the Prisoners could offer. Three more were brought to the Bar, viz. Michael Fitz-Gerrard, Morice Fitz-Gerrard, and Daniel Cokry, who together with the six others before named were afresh indicted on Two other indictments for taking Pyratically a Ship called the Ann laden with Deals from Norway, and man'd by Danes the Ship valued at six hundred pound the lading [Page 7] (most part of which belonged to Capt. Sherter on the Bankside) reckoned in the Indictment at 300 l. They took her on the 23 d. of August last, on the Dogg [...]r­sands, and puting the men they found on board her in­to an old Fly-boat they had formerly taken, turned them adrift, who after much danger and hardship, got ashore neer Yarmouth, and now came in to Evi­dence against them: as for the ship, they had sold her at Aberdeen, for 250 l. To all this the prisoners had little to say in excuse, only the Captain pleaded his Com­mission, and that he was informed it was a Dutch ship that some of the owners lived in Holland, &c.

This Mr. Cusacke, appeared to be a person of a clear courage, and good understanding: he pleaded very well for his life, but the matter was too foul to be wash't off with good words.

There was likewise one Capt. Dela Mare of Guern­sey, with Iohn King, and William Kendal, tryed for robbing a Scotch ship called the Palm-tree off of Harwich, and stealing several summs of Money and Goods, the Capt. shewed a French Commission, and that being at Sea in want of some Cordage and pro­vision, he went on board this ship, and took some ne­cessaries, promising to pay for them, but as for Money he knew nothing of it, but told the Master at that time when he complained, that if he could find who had it, it should be restored. However, plain proof came in, that saw King take it out of the Chest, so he only was found Guilty, and the other two Acquitted ▪

[Page] A Captain belonging to Ostend, and two of his Offi­cers, subjects to the King of Spain, were Indicted and found Guilty of a Contempt for not strikeing their Flag, and lowring their Topsail, being thereunto required by the Woolwich, one of his Majesties Frigates, who gave them three guns, and yet still they obstinately refused, to the high Contempt of his Majesty, and abuse of his Royal prerogative. They had all the favour that was possible shewn them in their Tryal▪ because they were strangers, an Interpreter was allow [...]d them, and a Iury half English and the rest of them Aliens, who could not but bring them in Guilty, their Obstinacy and Contempt being apparently proved by several Witnesses.

Five Young men were Indicted for a Riot and Rescue on the Sea, of which they acknowledged them­selves guilty, and were fined 5 l: a piece.

The court having withdrawn about an hour, returned to give Iudgement, which was performect in most grave and solid speeches, seting forth the nature and aggravations of their crimes, and ad [...]ising them to prepare for Death, &c. Capt. Cusacke presented a petition, wherein he begged his life very pathetically, recounting his former services, and offering himself to the service of his Majesties gallies at Tangier, till by his future good demeanour and services he might wash off the stanes of his late ill actions, &c. Most of the o­thers presented petitions also, desiring mercy and favour of the court, who proceeded to give Iudgement. VVhich a­gainst Captain Cusacke and the seven others before men­tioned to be convicted for pyracy and Robbery was. That they should be hang'd till they were dead.

As for the Ostenders, the Captain was fined four hundred sterling, and the other two fifty pound a piece; for their contempt. The Court declaring his Majesties extraordinary favour in this proceeding, since by contumelious speeches, and taking one of our ships they had justly merited capital punishment, and might have been prosecuted accordingly.