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A63217 The Tryals of Joseph Dawson, Edward Forseith, William May, [brace] William Bishop, James Lewis, and John Sparkes for several piracies and robberies by them committed in the company of Every the grand pirate, near the coasts of the East-Indies, and several other places on the seas : giving an account of their villainous robberies and barbarities : at the Admiralty sessions, begun at the Old-Baily on the 29th of October, 1696, and ended on the 6th of November. England and Wales. High Court of Admiralty. 1696 (1696) Wing T2252; ESTC R38357 34,055 29

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THE TRYALS OF Ioseph Dawson Edward Forseith William May William Bishop Iames Lewis and Iohn Sparkes For several Piracies and Robberies By them committed IN THE Company of EVERY the Grand Pirate near the Coasts of the East-Indies and several other Places on the Seas Giving an ACCOUNT of their Villainous Robberies and Barbarities At the Admiralty Sessions begun at the Old-Baily on the 29th of October 1696. and ended on the 6th of November LONDON Printed for Iohn Everingham Bookseller at the Star in Ludgate-street 1696. Admir Angl. ss THE Sessions of Oyer and Terminer and Goal-Delivery held for our Sovereign Lord the King for the Iurisdiction of the Admiralty of England at Iustice-Hall in the Old-Baily in the Suburbs of the City of London on Monday the 19th Day of October in the Eighth Year of the Reign of our said Sovereign Lord King William the Third over England c. before the Right Honourable Edward Russel Esq Henry Priestman Esq Sir Robert Rich Knight and Baronet Sir George Rooke Kt. Sir John Houblon Kt. and James Kendall Esq Commissioners for Executing and Exercising the Office and Place of Lord High Admiral of England respectively assigned and deputed the Right Worshipful Sir Charles Hedges Kt. Dr. of Law Lieutenant in the High Court of Admiralty of England Commissary-General of Our Sovereign Lord the King and President and Iudge of the said Court the Right Honourable Sir John Holt Kt. Lord Chief Iustice of the King's-Bench Sir George Treby Kt. Lord Chief Iustice of the Common-Pleas Sir Edward Ward Kt. Lord Chief Baron of the Exchequer Sir Tho. Rookeby Kt. and one of the Iustices of the Kings-Bench Sir Samuel Eyre Kt. another of the Iustices of the Kings-Bench Sir John Turton Kt. another of the Iustices of the Kings-Bench Sir John Powell Kt. one of the Iustices of the Common-Pleas Sir Littleton Powis Kt. one of the Barons of the Exchequer William Bridgeman and Josias Burchet Esqs Secretaries of the Admiralty of England Thomas Lane William King and John Cooke respectively Drs. of Laws and others His Majesty's Iustices named in the said Commission HIS Majesty's Commissioners being then and there met the Commission was read and Proclamation made for Attendance After which the Gentlemen of the Grand Jury were called and Sworn and received their Charge from Sir Ch. Hedges Kt. Judge of the High Court of Admiralty who set forth unto them the nature of the Commission the extent of the Jurisdiction of the Court and the subject Matter of their Enquiries Then the Witnesses for the King being Sworn the Grand Jury withdrew and after a little time returned finding Billa vera against Henry Every not yet taken Ioseph Dawson Edw. Foreseith William May William Bishop Iames Lewes and Iohn Sparkes Prisoners for Feloniously and Piratically taking and carrying away from persons unknown a certain Ship called the Gunsway with her Tackle Apparel and Furniture to the value of 1000 l. and of Goods to the value of 110 l. together with 100000 Pieces of Eight and 100000 Chequins upon the High Seas ten Leagues from the Cape St. Iohns near Surat in the East-Indies Then Dawson Forseith May Bishop Lewes and Sparkes were brought to the Bar and their Indictment was read Ioseph Dawson confessed that he was Guilty but the rest pleaded Not Guilty and put themselves upon their Trials and thereupon the Petty-Jury was called and the persons whose Names follow were Sworn William Walker Iohn Child Edward Leeds Thomas Clarke Nathan Green Henry Sherbrooke Benjamin Dry Iohn Sherbrooke Samuel Iackson Thomas Emms Henry Hunter Iohn Hall Then the King 's Learned Councel opened the Indictment c. and Dr. Newton made a Speech which is as follows My Lorde and Gentlemen of the Jury THE Prisoners are Indicted for Piracy in Robbing and Plundering the Ship Gunsway belonging to the Great Mogul and his Subjects in the Indian Seas to a very great value And the End was suitable to their Beginning they first practised these Crimes upon their own Country-men the English and then continued them on to Strangers and Foreigners For the Ship in which this Piracy was committed was an English Vessel called The Charles the Second belonging to several Merchants of this City designed for other Ends and a far different Voyage which by these Criminals with the Assistance of one Every their Captain in all these Villanies was seized near the Groyn in Spain in May 1694. from which place having first by Force set Captain Gibson the Commander on Shoar they carried off the Ship and with it committed many and great Pyracies for several Years as will appear in the Course of the Evidence in most of the parts of the known World without distinction upon all Nations and Persons of all Religions Their last Piracy was this in the Indies the greatest in it self and like to be the most pernicious in its consequences especially as to Trade considering the Power of the great Mogull and the natural Inclination of the Indians to Revenge But they are now brought hither on their Tryal and if the Matters they are Charged with shall be proved to receive that Iudgment from you their Crime deserves and that is Piracy which by so much exceeds Theft or Robbery at Land as the Interest and Concerns of Kingdoms and Nations are above those of private Families or particular Persons For suffer Pirates and the Commerce of the World must cease which this Nation has deservedly so great a share in and reaps such mighty advantage by And if they shall go away unpunished when it is known whose Subjects they are the consequence may be to involve the Nations concerned in War and Blood to the Destruction of the Innocent English in those Countries the total Loss of the Indian Trade and thereby the impoverishment of this Kingdom The Witnesses for the King viz. Iohn Dan and Philip Middleton were then called and Sworn and in the Opinion of the Court gave a full Evidence against the Prisoners which was very clearly summ'd up by the Lord Chief Justice Holt the tenour whereof is particularly set forth in the following Trials but the Jury contrary to the expectation of the Court brought in all the Prisoners Not Guilty whereupon the Sessions was Adjourned to Saturday the 31th of October following and the Prisoners were committed upon a new Warrant for several other Piracies Die Sabbati tricesimo primo Octobris Annoque Regni Regis Willielmi Tertii Octavo Annoque Domini 1696. THE Court being sat at which were present Sir Charles Hedges Judge of the High Court of Admiralty the Lord Chief Justice Holt the Lord Chief Justice Treby the Lord Chief Baron Ward Mr. Justice Rookby Mr. Justice Turton Mr. Justice Eyres and Mr. Baron Powis Dr. Lane Dr. King and Dr. Cook The Court proceeded in this manner Cl. of Arr. Cryer Make Proclamation Cryer O yes O yes O yes All manner of Persons that have any thing more to do at this Sessions draw near and give your