Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	lord_n	time_n	17,472	5	3.8110	3	true

Text snippets containing the quad

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

Attendance And you Sheriff of the City of London return the several Precepts directed to you and returnable here this day upon pain and peril that shall follow thereon Then the Grand Jury were called over and the Appearances mark'd Cl. of Arr. Make Proclamation Cryer O yes c. The Lords the King's Justices charge and command all Persons to keep silence while the Charge is giving The Iudge of the Admiralties Charge to the Grand Iury upon this occasion Sir Charles Hedges Gentlemen of the Grand Jury THE Opinion which this Court had of the Good Intentions Abilities and Integrity of the last Grand Jury was so fully answered at our late Meeting in this Place that I am confident all good English-men who were Witnesses of their Proceedings will concur in giving them Publick Thanks for the good Services which they then performed I wish that all others who were concerned in the Dispatch of that Days Business had the like pretence to have the same the Publick Justice of the Nation would not then have lain under any manner of Reproach neither would you have had this farther trouble But seeing that it hath so happen'd it is become absolutely necessary that a farther and a strict Enquiry should be made after those Crimes which threaten and tend to the Destruction of our Navigation and Trade and therefore I am assured of your Patience whilst I shew you briefly 1. What the Crimes are which you are to enquire after 2. How far the Jurisdiction and your Power in making these Enquiries doth extend 3. What is the Duty incumbent on you in this behalf 1. As to the Crimes I shall not repeat what was mentioned touching all the particulars thereof at the opening of this Sessions but confine my Discourse to those which I find by the Calendar will at this time necessarily fall under your Examination and those are Piracies Now Piracy is only a Sea term for Robbery Piracy being a Robbery committed within the Jurisdiction of the Admiralty if any man be assaulted within that Jurisdiction and his Ship or Goods violently taken away without a Legal Authority this is Robbery and Piracy If the Mariners of any Ship shall violently dispossess the Master and afterwards carry away the Ship it self or any of the Goods or Tackle Apparel or Furniture with a felonious Intention in any place where the Lord Admiral hath or pretends to have Jurisdiction this is also Robbery and Piracy the intention will in these cases appear by considering the end for which the Fact was committed and the end will be known if the Evidence shall shew you what hath been done 3. Now the Jurisdiction of the Admiralty is declared and described in the Statute and Commission by vertue of which we here meet and is extended throughout all Seas and the Ports Havens Creeks and Rivers beneath the first Bridges next the Sea even unto the higher Water-mark The King of England hath not only an Empire and Soveraignty over the British Seas but also an undoubted Jurisdiction and Power in concurrency with other Princes and States for the punishment of all Piracies and Robberies at Sea in the most remote parts of the World so that if any person whatsoever Native or Forreigner Christian or Infidel Turk or Pagan with whose Country we have no War with whom we hold Trade and Correspondence and are in Amity shall be robbed or spoiled in the narrow Seas the Mediterranean Atlantick Southern or any other Seas or the branches thereof either on this or the other side of the Line it is Piracy within the limits of your Enquiry and the cognizance of this Court 3. Concerning the Duty incumbent upon you in making your Enquiries and Presentments you may consider that there is a great Trust and Authority committed to you and therefore it will be expected that a suitable care should be had and your Power executed according to a well regulated discretion As you are on the one hand to take care that the Court be not troubled nor any man put in hazard of his Life through any frivolous or malicious Prosecution so on the other side and more especially in the cases of great and publick Offences you are to use your utmost endeavours that Justice the support of Government be not obstructed by any partial Proceedings You are not obliged in all cases to require a clear and full Evidence but only to examine till you find and are satisfied in your Consciences that there is sufficient and just cause to put the Party accused upon his Tryal You cannot convict but may in effect acquit it the greatest Criminals and therefore if you do but find proofs enough to create a Presumption against the Party accused when the case seems odious and is of great consequence and importance your safest way is to put it in a proper Method for the Petty Jury who are to receive full satisfaction from the Evidence that shall be given in the presence of the Party and according to that Evidence have power to determine whether guilty or not guilty condemn as well as acquit And upon this occasion seeing many who are upon that Service are present it seems fit that they should also know that they have no power to do more or less than what is agreeable to the Evidence They are not to interpose in points of Law or to be swayed by any consideration whatsoever but what shall arise from the proofs judicially made they are indeed Judges of the Fact but they are not Arbitrary they are as much restrained by the dictates of Conscience formed and convinced by reasonable proofs as the Judges on the Bench are by the Rules of Law No man can believe just as he lists and therefore a determination or judgment at will and pleasure will never be thought to deserve the name of a Verdict for whatever may be pretended the World will not be persuaded that a Jury hath pursued the dictates of Conscience unless some reasonable grounds for its proceedings shall appear and therefore whenever it shall happen that notorious Malefactors escape unpunished notwithstanding that in the Opinion of most good men there was a full and sufficient Evidence for their Conviction it is to be wished and indeed it seems to me to be necessary in cases that relate to the Laws of Nations that the reasons which induced such a determination should be given for the publick satisfaction otherwise since Forreigners look upon the Decrees of our Courts of Justice as the sense and judgment of the whole Nation our Enemies will be glad to find an occasion to say that such Miscreants as are out of the protection of all Laws and Civil Governments are abetted by those who contend for the Soveraignty of the Seas The barbarous Nations will reproach us as being a Harbour Receptacle and a Nest of Pirates and our Friends will wonder to hear that the Enemies of Merchants and of Mankind should find a Sanctuary in this ancient Place of Trade