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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

Nay we our selves cannot but confess that all Kingdoms and Countries who have suffered by English Pirates may for want of Redress in the ordinary course have the pretence of Justice and the colour of the Laws of Nations to justifie their making reprizals upon our Merchants wheresoever they shall meet them upon the Seas If a Jury happens in these cases to be too severe there is room for Mercy and I am confident that upon a just representation the Innocent never failed of obtaining it but for a fault neglect or errour on the other hand there is no relief for injured Forreigners but by their carrying out as we may be sure they will for themselves such a satisfaction upon our Merchants as they shall think fit whenever they shall have an opportunity and so our whole Nation must unavoidably suffer both in reputation and interest and all as it were through our own default I hope what hath been said upon this unexpected occasion will not be looked upon as intended to influence any Jury I am sure it is far from being so designed Religion Conscience Honour common Honesty Humanity and all Laws forbid such Methods There is no doubt but the Judge as well as the Jury man then best discharges his duty when he proceeds without favour or affection hatred or ill-will or any partial respect whatsoever Every man ought to be extreamly tender of such a Person as he has reason to believe is innocent but it should be considered likewise on the other side that he who brings a notorious Pirate or common Malefactor to Justice contributes to the safety and preservation of the Lives of many both bad and good of the good by means of the assurance of protection and of the bad too by the terrour of Justice It was upon this consideration that the Roman Emperours in their Edicts made this piece of service for the publick good as meritorious as any act of Piety or Religious Worship Our own Laws demonstrate how much our Legislators and particularly how highly that great Prince K. H. the 5th and his Parliament thought this Nation concerned in providing for the security of Traders and scowring the Seas of Rovers and Free-booters Certainly there never was any Age wherein our Ancestors were not extraordinary zealous in that affair looking upon it as it is and ever will be the chief support of the Navigation Trade Wealth Strength Reputation and Glory of this Nation Gentlemen our concern as our Trade is ought in reason to be rather greater than that of our Fore-fathers we want no manner of inducements no motives to stir us up whether we consider our Interest or Honour we have not only the sacred Word but also the glorious Acts of the best of Kings which sufficiently manifest to us that the good and safety of this Nation is the greatest care of his Life let every man therefore who pretends to any thing of a true English spirit readily chearfully follow so good so great so excellent an Example by assisting and contributing to the utmost of his power and capacity at all times towards the carrying on his noble and generous Designs for the common good and particularly at this time by doing all that he can to the end that by the Administration of equal Justice the Discipline of the Seas on which the good and safety of this Nation entirely depends may be supported and maintained Then the Witnesses being sworn in Court the Grand Jury withdrew to hear their Evidence And in the mean time T. Vaughan and I. Murphey Tim. Brenain were Arraigned whom the Keeper of Newgate by Order brought to the Bar. Cl. of Arr. T. Vaughan Hold up thy Hand which he did Thou standest Indicted c. Art thou Guilty of this High Treason whereof thou standest Indicted or not Guilty T. Vaughan Not Guilty Cl. of Arr. Culprit how wilt thou be tried T. Vaughan By God and this Countrey Cl. of Arr. God send thee a good deliverance Cl. of Arr. I Murphey Hold up thy hand which he did Thou standest Indicted c. How sayest thou Io. Murphey Art thou Guilty of the High Treason whereof thou standest Indicted or not Guilty I Murphey Not Guilty Cl. of Arr. How wilt thou be tried I. Murphey By God and the King Officer You must say by God and my Countrey Cl. of Arr. God send thee a good deliverance Cl. of Arr. Bring Tim. Brenain to the Bar who was brought accordingly Cl. of Arr. Tim. Brenain have you any Copy of your Indictment Tim. Brenain Yes Cl. of Arr. When had you it Tim. Brenain This day sennight Cl. of Arr. Tim. Brenain hold up thy hand which he did Thou standest Indicted c. How sayest thou Art thou Guilty of the High Treason whereof thou standest Indicted or not Guilty Tim. Brenain Not Guilty Cl. of Arr. How wilt thou be tried T. Brenain By God and my Country Cl. of Arr. God send thee a good deliverance Mr. Mompesson Will your Lordships please that he may be tried now L. C. I. Treby Does he desire to be tried now Mr. Mompesson Yes my Lord there is no Evidence against him and he is sick Mr. Soll. Gen. We are not now prepared for the Tryal L. C. I. Treby If the King's Council and the Prisoner be agreed with all my heart L. C. I. Holt. He may be tryed with the rest Then T. Vaughan and I. Murphey and T. Brenain had Notice to prepare for their Tryals on Friday next at two of the clock in the afternoon Then the Grand Jury came into Court Cl. of Arr. Gentlemen of the Grand Jury are you agreed in your Bills Grand Iury. Yes Cl. of Arr. Billa vera against Ioseph Dawson Ed. Foreseth W. May W. Bishop Iames Lewis and I. Sparks for Pyracy and Robbery Cl. of Arr. Keeper of Newgate Set Ioseph Dawson Ed. Foreseth Will. May Will. Bishop Will. Lewis and Io. Sparks to the Bar which was done accordingly Cl. of Arr. Ioseph Dawson hold up thy hand which he did Ed. Foreseth hold up thy hand which he did W. May hold up thy hand which he did W. Bishop hold up thy hand which he did Iames Lewis hold up thy hand which he did Io. Sparks hold up thy hand which he did Then the Indictment was Read and set forth That Henry Every alias Bridgman Joseph Dawson Edward Foreseth William May William Bishop James Lewis and John Sparks late of London Mariners on the 30th of May in the 6th Year of the Reign of our Sovereign Lord King William and the late Queen did against the Peace of God and our said Sovereign Lord the King that now is and the late Queen by Force of Arms upon the High and Open Seas in a certain place about Three Leagues from the Groyn and within the Iurisdiction of the Admiralty of England Piratically and Felloniously set upon one Charles Gibson a subject of our said Soveraign Lord the King that now is and of the late Queen being then and

Afterwards if I should have denied to go with them I might have been kill'd by them and I knew not whether it be better to be accessary to my own death or to suffer by the Law of the Nation Sir Ch. Hedges You seem to say that you were under a constraint and terrour Did you make any complaint or discovery so soon as you had liberty or at your first coming into the King's Dominions W. May. Yes at Virginia S. C. H. Where did you first arive in England W. M. At Bristol S. C. H. When you came to Bristol did you discover it to any Magistrate W. M. When I came to Bristol I had a design to discover it to the Lords of the Admiralty L. C. J. H. Did you go to a Magistrate W. M. I was several days in the King's Collectors House and did discover the whole to him and at Providence L. C. J. H. You speak now of Providence but in England who did you discover it to W. M. I was taken Sick and could not go abroad L. C. I. H. You might have sent to the Mayor of Bristol W. M. I knew nothing of it I intended to declare it to none but the Lords of the Admiralty I knew no man there but two men that were Fellow-Tradesmen in Virginia I came from Virginia by the first Ship and if that Ship had come away before the Fleet I had been at home long before I lay sick at Bristol four or five days and the fifth day I got passage for London in the Coach and was taken three miles off Bath by the King's Messenger by one who betrayed me and I was carried back to Bath again And there was the Duke of Devonshire and there they Examined the whole matter in every particular as I have now declared to the Court. And my Lord desired the Messenger should take me away again and see me safe to London which was all he said to me I have more to say as to my being put ashore at Joanna I had no place to go to but lay in a lamentable Condition I could not put Water to my mouth without help and remained useless of Hands or Feet despairing of my life I desired to go ashore to see if the Air would do me any good and I went ashore at Joanna with another Man Gunning and others for Refreshment So the second day we went in there appears three Ships which were East-India Men. Captain Every being Surprised by these Ships hastened his Men and Water aboard to get out to Sea that he might not be surprised in the Road without his Men on Board who were come ashore for the Sick And I told them I will not go with you I will rather trust to the mercy of my Countrey-men or the mercy of the Negroes I should endanger my Life if I go aboard If I stay no question my Countrey-men will have Compassion on me And if I have committed any thing worthy of Death they have Authority to put me to Death according to the Law of the Nation And I applied my self to Mr. Edgcomb when he came ashore and he gave me Scurolous Language But I replied I am a weak man for me to stay behind is Death I had rather suffer Death by the Laws of my Countrey then to be left to the mercy of these Negroes Mr. Edgcomb says I will take you down with me and will hang you there too L. C. J. H. Where W. M. At Bombay where he said I should be Tried His Mate and several other English-men came to see me and brought one thing or other to refresh me And at last at Night he sent his Doctor and Purser to me who said The Captain is just now sending his Boat for you I replied I am ready here is all I have in the World and he goes away about two a Clock in the Morning And I remained seven or eight Weeks after at the Mercy of those Negroes and had Perished but that a Negro hearing an English-man was there came to me he lived at Bednai-Green and spoke English very well He went from England in the Ship Rochester taken at Guinea some time before The Captain commanded this Negro to go for the Long-boat and turn her adrift which he does but goes away with her himself and in the Fight says The Ship blew up by an accidental Fire and several were lost This Negro I got to look after me and he did really feed me and got me all necessaries belonging to me And by that means I saved my Life Now when Captain Every came in again I could not go nor stir L. C. J. H. Do not call him Captain he was a Pirate W. M. He commanded me I was forced to obey him L. C. J. H. For that matter call Gravet again because you and he were very kind together you shook hands with him and bid him farewel and remember you to your Wife Mr. Gravet Do you remember when you went into the Boat Did W. May take his leave of you or was he unwilling to be left behind J. Gravet When we had liberty to go out of the Ship this Man W. May took me by the hand and wished me well home and bid me remember him to his Wife and was very merry and jocund and knew whither they were going Mr. J. Turton Did he express any inclination to go with you J. Gravet No my Lord not at all L. C. J. H. Have you any more to say W. May. Yes my Lord I remained in this condition till I came to Providenee and the King's Evidence can testifie what I say I only beg Mercy of this Honourable Bench to consider my weak State and Condition that I have been in L. C. J. H. Have you done W. May. Yes my Lord. L. C. J. H. Then the next W. Bishop What have you to say W. Bishop I belonged to the Ship James and at the Groyn the Men began to complain about wages and that was the first begining of the disturbance about this Ploting We were Shipt out of England in Sir James Hubland's service to the Spanish West-Indies Upon this Mutiny among the Men for their wages several Men went aboard the Kings Ships and desired to be entertained on Board any of them to go for England and we all went away again to the Ship because we could not be entertain'd But this Design of Everies I did not know of On the 17th day Capt. Humphrys calls and says My Men are gone aboard the Charles I think And he calls out says he Mr. Druit Man the Pinnace I being then on the Deck at night the men all quiet as I thought I went into the Pinnace and I was no sooner in but in comes 15 or 16 more that knew of the Design but I was then sent and knew it not And they put off the Boat and over-powered us and several of us would have gone aboard again and they would not suffer us And when we came

aboard the Ship Charles they had cut the Cables and the Sails were loose and several Men went from the Charls to the Iames in a Boat and they Commanded the Innocent to do what they pleased with Pistols and Cutlaces and they Commanded me to go into the Hold to do what they pleased And I not knowing of this matter the Men that were in the Boat called Hand the Buckets or we shall Sink And I heard afterwards that none went ashore but whom they pleased that is Every and his Crew And I not knowing of it could not go and if I had known it I had not been admitted to go Then we were carried two Leagues without the Groyn L. C. I. Holt. Have you any Witnesses to call W. Bishop The King's Evidence is my Witness he commanded me to go into the Boat L. C. I. Holt. Will you ask him any Questions W. Bishop No my Lord. L. C. I. Holt. Iames Lewis What have you to say Iames Lewis I had been in France a little before the Ship came to the Groyn a Prisoner there but I knew nothing of Everies Design By the command of our Officer I went aboard the Boat and as soon as we were in her we were over-power'd and carried away they took the Oars out of our Hands and carried us to the Ship Charles And when we came aboard they put the Boat a drift and then they commanded me into the Fore-Castle they had Arms but we had none and so were forced to obey them When the Boat was going off I heard a Noise of crying out for a Bucket And when we were gone from the Groyn we were forced to do what they would have us it was against my Consent and against my Will L. C. I. Holt. Io. Sparks What say you I. Sparks When Captain Humphries called to them that were gone into the Boat I was asleep but with the Noise of Gravets crying out He is coming I awaked and all put the Candles out for fear I should see them And when the Men were come aboard I went on the Deck and they trow'd the Hammocks and knock'd me down L C. I. Holt. Who did it Io. Sparks The Hammocks they brought from the other Ships I durst not do any otherwise than they bid me I was innocent of the thing I ask'd what they were going to do and they said they were going for England L. C. I. Holt. Who told you so I. Sparks Iohn Dan. L. C. I. Holt. I. Dan Did you tell I. Sparks the Ship was going for England I. Dan. I do not remember I saw him all the Night L. C. I. Holt. I would ask you if he had no Share of the Plunder I. Sparks I was forced to take it L. C J. Holt. Phil. Midleton You had some Share had you not Phil. Midleton Yes my Lord. L. C. J. Holt. What became of it Phil. Midleton They took it away from me L. C. J. Holt. Who took it from you Phil. Midleton I. Sparks robb'd me of it by Night L. C. J. Holt. Did he take all away Phil. Midleton Yes all that I had there Two hundred seventy odd pieces of Gold it was in a Belt J. Sparks He took out his Money and shewed it to the Troopers and they made him Drunk and got it from him and the next Morning he said they took it from him Phil. Midleton I was forc'd to say so because if I had said he had it he would have made no more but to cut my Throat L. C. J. Holt Have you any more to say J. Sparks No my Lord. Mr. Soll. Gen. May it please your Lordship and you Gentlemen of the Jury I am of Counsel in this Case for the King against the Prisoners at the Bar. They are Araign'd for a very high Crime a Robbery upon the Seas It was not a less Crime because committed on the Sea but rather the more These Men had a Trust reposed in them to assist their Captain in his Voyage but instead of that they resist their Captain turn him out and run away with the Ship They could not find Shelter in any other part of the World and I hope you will make it appear such Crimes shall not find Shelter here more than in other parts of the World These are Crimes against the Laws of Nations and worse than Robbery on the Land For in Case of a Robbery on the Land we know who is to pay it but in a Robbery by Sea it often happens that innocent Persons bear the loss of what these Men do It has been very plainly proved against the Prisoners That the Ship Charles was run away with from the Groyn And it is as plain by two Witnesses That all the Prisoners at the Bar were in this Ship by three that W. May in particular was one of them and by one that W. May was so far concerned that because I. Gravet seem'd to dislike it he said He deserved to be shot through the Head So that he that would make himself the most Innocent of the five is most Guilty Now they have only this to say for themselves that they were forced to do what they did But it has been proved to you that they were not forced it was said All might go that would And it is not proved on their side that any one of the Prisoners did seem to dissent from their going away It is proved that they all made use of this Ship to very bad Purposes that they took and plunder'd several Ships and shar'd the Booty We do not produce this to prove them Guilty but to shew that they made use of this Ship to this very Purpose Now if you allow what they say That they were forced to go away than you must never convict at any time one or two Highway Men that robs in the Company of four or five for they may say too that they were over-power'd and forc'd by their Company It is so not only in case of Robbery but in all other Crimes also They have said a great deal indeed but without any manner of probability of Truth They have produced no Witnesses for themselves to prove any thing they have said And the Witnesses for the King have given Testimony without any Exception And I hope you will vindicate the Credit of the Nation and find them Guilty as the Evidence has proved them L. C. J. Holt. Gentlemen of the Jury These five Prisoners E. Forseth W. May W. Bishop Ia. Lewis and I. Sparks are Indicted for a Piracy and Robbery committed on the High-seas some distance from the Groyn in taking and carrying away a Ship and several Goods therein contained she was call'd the Charles the Second This was done in May last was two Years 1694. You have heard what Evidence has been given on this Indictment against the Prisoners It has appear'd that this Ship was bound in a Voyage to the West-Indies Two of the Prisoners W. May and I. Sparks were Seamen then on