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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
Captain Humphrys that commanded the Gally called to us to tell us his men were run away with the Boat and were gone to Captain Gibson To which Every answered that he knew that well enough So the men came aboard and as I was coming out of my Cabin to see what the matter was I was met by Every the Carpenter and two Dutchmen and they obliged me to retire again to my Cabin And Cap. Humpreys fired two Guns at us But we presently gotout of reach of the Guns and proceeded on the design And I came out of my Cabin and went on the Quarter-deck where I met Every and the Carpenter together Every was cunning the Ship L. C. I. Holt. What is the meaning of that D. Creagh That is to direct in the Steering of her So Every took me by the hand and ask'd me if I would go with him And I Answered I did not know his Design He said there were but few that knew it Says I tell me who do know it that if you will not tell me your self I may ask them that can tell me But he said we should all know by to morrow Morning eight a Clock I told him that would be too late to repent of the Design The Carpenter stood by him and said Do you not see this Cock Yes says I I do Says he this Man and old May and Knight I can trust with any thing they are true Cocks of the Game and old Sports-men Then said I I suppose they know your Design Yes says he they do and if it were a thing of ten times the Consequence they should know it Upon this the Carpenter came to me and said If you do not go down I will knock you on the Head And as I was going down I met with W. May the Prisoner at the Barr. What do you do here Says he I made him no Answer but went down to my Cabin and he said God damn you you deserve to be shot through the Head and he then held a Pistol to my Head Then I went to my Cabin and presently came orders from Every that those that would go ashore should prepare to be gone And when the Captain was got out of Bed who was then very ill of a Feaver Every came and said I am a Man of Fortune and must seek my Fortune Says Cap. Gibson I am sorry this happens at this time Says he if you will go in the Ship you shall still command her No says Cap. Gibson I never thought you would have served me so who have been kind to all of you And to go on a design against my Owners orders I will not do it Then says Every prepare to go ashore Upon which the Captain and several others of us went into the Boat When we were by the Ships side I heard them order the Doctor to be secured but if there was any more would go into the Boat they might And we came into the Boat to the Number of Sixteen And they gave us four Oars in the Pinnace and set us a drift L. C. I. Holt. Where did he set you D. Creagh He set us aboard the Iames my Lord. L. C. I. Holt. That is you were turned off from this expedition D. Creagh Yes my Lord. Mr. Coniers Was there any room for more in the Boat D. Creagh Yes there was L. C. I. Holt. Was there liberty for any more to go D. Creagh Yes my Lord. Mr. Soll. Gen. What do you know of the Prisoners at the Barr D. Creagh I know only W. May. Mr. Cowper What time past from the coming of the Boat to the time of your going off D. Creagh About two hours Sir Mr. Cowper Was there any Guns fired in that time D. Creagh Yes Sir one or two from the Iames by Cap. Humphreys Mr. Cowper Was this done in the Ship with silence Or was there any uproar or opposition D. Creagh No there could be no opposition For the Men came from the whole Squadron and came upon us and surprized us being assisted by those that belonged to the Charles Mr. Cowper But did no body make opposition to their going Did not Cap. Gibson D. Creagh No Cap. Gibson could not being Sick L. C. I. Holt. But he went ashore D. Creagh Yes my Lord. L. C. I. Holt. Was any body stopt that would go D. Creagh No my Lord none but the Doctor Mr. Soll. Gen. Now call Io. Dan Who appeared and was Sworn Mr. Coniers What Ship were you aboard of at the Groin I. Dan. The Charles the Second Mr. Coniers Now pray give my Lord and the Jury an Account what you know of the taking away of the Ship Charles the Second and what past there I. Dan. Yes Sir VVe came to the Groin and had been there about three or four Months and we had been about eight Months out of England and we lay for our VVages and there was no VVages to be got But in as much as we wanted VVages Every and several others contrived to carry this Ship away So that Night which was Sunday they went ashore and when they came aboard again made some Men Privy to it whom I know not And the Monday follovving I think the Packet vvent out in the Morning and the Night being fair was ordered to give notice And they came to the Dove and about Nine or Ten her Boat broke off and she haled us For they told Cap. Humphreys they vvere coming to run avvay vvith our Ship So he hales the Iames. And presently some of the Officers came and ordered their Pinnace to be mann'd and it was so And when they gave this order there was Every and 25 or 26 Men. And as they came aboard our Cables were cut and ready to go And coming under the Castle we cut all the Boats but two and stood out to Sea about two or three Leagues And there Every went to Cap. Gibson and as they said to ask him if he would go with them or not He said no. Then he said he must prepare to go ashore and he did so and several others with him And the word was given about that they that would go ashore might go but whether these Men heard it or no I cannot tell and no Mans Name was mentioned to be stopt but the Doctor And when they went away they cry'd there was water in the Boat and they desired a Bucket of us to heave it over and we gave them one and away they went I think about 15 of them and no more did offer to go as I saw nor did I see any hinder any that would go And afterwards they that went off went about their Business and we about our Business And we came to the Isle of May and Victual'd our selves there And there we met with three English Ships out of which we took some necessarys for our selves and among the rest several Men nine Men we took out of them Mr. Soll. Gen. Were the Prisoners at the Barr in the