Around September 1699, Burgess was in command of the Margaret. Near Saint Mary's Island he ran into a British fleet and was offered a pardon for any piratical activities. Several of Burgess' crew accepted and bought passage home with the fleet. Burgess sailed to Cape Town, South Africa, by December he reached his destination. Captain Lowth of the East India Company, seized Burgess' ship and took it to Bombay. Lowth also took its treasure and slaves. The owners of the Margaret brought suit against the East India Company and Burgess was taken to London in 1701 and accused of piracy. With Captain Robert Culliford's testimony, Burgess was convicted. Eventually he secured a pardon for his crimes and signed aboard a privateer, sailing for the Pacific.
Burgess then became first mate aboard the Neptune and went to Madagascar to trade liquor for slaves. When a sudden storm wrecked the pirates' ships, Burgess helped John Halsey seize the Neptune. Burgess was made Quartermaster but lost it soon after when Captain Halsey died. After losing his position, Burgess stayed at Madagascar, dealing in slaves with David Williams. Following an argument concerning prizes with a black chief, Burgess died of poison, presumably at the chief's hand.
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