The Governour acquainted the Council, that five Negroes of the Crew of Edward Tack and taken on board of his Sloop remain in Prison for Piracy. That he had delay'd their Tryall till the severity of the Winter Season was over that he might have a full Council in order to a more solemn Examination of the severall Piracies of which these and the rest of that Crew have been Guilty. That he judged this the more necessary because he finds Reports are Industriously spread abroad that Thatch and his Crew were not only within the benefitt of his Majtys late pardon; but that the Sloops were fitted out for taking them after the said pardon was actually arrived here, tho it is easie to be proved that the same did not arrive till upwards of a Month after these pirates were taken and what is yet more unaccountable practices are sett on foot in the Government of North Carolina to justifie that Crew as Innocent of any Piracies since their first Surrenders. That he hop'd a greater number of the Council would have met now, but seeing no more are to be expected at present he desired the opinion of this Board whether there be anything in the Circumstances of these Negroes to exempt them from undergoing the same Tryal as other pirates,

Whereupon the Council are of opinion that the said Negroes being taken on Board a Pyrate Vessell and by what yet appears equally concerned with the rest of the Crew in the same Acts of Piracy ought to be Try'd in the same Manner; and if any diversity appears in their circumstances the same may be considered on their tryal