Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	baron_n	exchequer_n	king_n	4,096	5	3.9263	3	false

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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

there Commander of a certain Merchant-ship called The Charles the Second carrying Forty Peices of Ordnance belonging to certain subjects of the said King and the late Queen to the Iurors as yet unknown And then and there put the said Charles Gibson in bodily Fear of his Life And then and there within the Iurisdiction aforesaid Feloniously and Pyratically did steal take and carry away from the said Charles Gibson the said Ship called The Charles the Second her Tackle Apparel and Furniture of the Value of One thousand Pounds Forty Peices of Ordnance of the Value of Five Hundred Pounds One Hundred Fusees of the Value of One Hundred Pounds Fifteen Tun of Bread of the Value of One Hundred and Fifty Pounds and two Hundred pair of Woollen Stockings of the Value of Ten Pounds in the possession of the said Charles Gibson then being the Ship Goods and Chattels of the subjects of our said Sovereign Lord the King and the Late Queen to the Iurors unknown against the Peace of our said Sovereign Lord the King and the Late Queen their Crown and Dignities c. How say'st thou Ioseph Dawson art thou guilty of this Pyracy and Robbery or not guilty Ios. Dawson I am ignorant of the proceedings Officer He pleads Ignorance Cl. of Arr. You must plead Guilty or not Guilty Ios. Dawson Guilty Cl. of Arr. How say'st thou Ed. Foreseth art thou Guilty or not Guilty Ed. Foreseth Not guilty Cl. of Arr. How wilt thou be Try'd E. Foreseth By God and my Countrey Cl. of Arr. How say'st thou Will May art thou guilty or not guilty W. May. Not guilty Cl. of Arr. How say'st thou W. Bishop art thou guilty or not guilty W. Bishop I desire to hear the whole Indictment read again L. C. I. Holt. You have heard it just now and may hear it again if you desire it W. Bishop The former Indictment L. C. I. Holt. No there is no occasion for that This is an Indictment for a Fact distinct from that Cl. of Arr. This is a New Indictment not the old one Art thou guilty of this Pyracy and Robbery or not guilty W. Bishop Not guilty Cl. of Arr. How say'st thou Iames Lewis art thou guilty or not guilty Ia. Lewis Not guilty Cl. of Arr. How say'st thou I. Sparks art thou guilty or not guilty I. Sparks Not guilty Cl. of Arr. How wilt thou be Tryed as of the rest I. Sparks By God and my Countrey Cl. of Arr. God send thee a good deliverance Cryer O Yes c. You good Men of the City of London Summoned to appear here this day to try between our Soveraign Lord the King and Prisoners at the Barr Answer to your Names as you are called and save your issues Cl. of Arr. Io. Degrave Benjamin Hatly Io. Ayres c. L. C. I. Holt. Have you any of the former Jury in this Pannel Cl. of Arr. Yes my Lord. Councellor Coniers We shall except against them for the King L. C. I. Holt. If you have return'd any of the former Jury you have not done well for that Verdict was a dishonour to the Justice of the Nation Cl. of Arr. You the Prisoners at the Barr These Men you hear called are to pass between our Soveraign Lord the King and you If therefore you will challenge any of them you are to challenge them as they come to the Book to be Sworn and before they are Sworn Then they were called over and some being Challenged for the King and some by the Prisoners the Persons Sworn in this Jury were these I. Degrave I. Ayres G. Broom T. Hicks R. Meakins I. Shelswell Alex. Pollinton I. Glover Nath. Carpenter Io. Bickley Nath. Troughton Hum. South Cl. of Arr. Make Proclamation Cryer O Yes If any one can inform my Lords the Kings Justices the Kings Serjeant the Kings Attorney General or his Majesties Advocate in his High Court of Admiralty before this Inquest be taken of the Pyracy and Robbery whereof the Prisoners at the Barr stand Indicted let them come forth and they shall be heard for the Prisoners stand at the Barr upon their deliverance and all others may depart Then the Grand Jury came into Court again having found two other Bills against the prisoners at the Barr one for Pyratically taking away a Moorish Ship and another for committing Piracy on two Ships belonging to Denmark And then the Grand Jury was adjourned to Friday next at two a Clock in the Afternoon Cl. of Arr. Ed. Foreseth hold up thy hand and so of the rest You that are Sworn look upon the Prisoners and hearken to their Cause They stand Indicted c. Mr. Whitaker May it please your Lordships and you Gentlemen of the Jury The Prisoners at the Barr stand Indicted for Felony and Pyracy for that they about the 30th of May in the 6th Year of the Reign of his present Majesty King William did make an Assault on Captain Gibson Commander of the Ship Charles the Second and put him in fear of his Life and Pyratically stole away the Ship and all the Furniture And this is laid to be against their Duty and Allegiance and against the Peace of our Soveraign Lord the King his Crown and Dignity To which Indictment they have pleaded not guilty We shall go on to call our Witnesses and prove the charge against the Prisoners at the Barr and doubt not but you will do your Duty Then Dr. Littleton Advocate General to his Majesty in his High Court of Admiralty spake as follows Gentlemen of the Jury YOU have heard the Indictment opened and we shall now call our Witnesses who will relate to you what enormous and horrid Crimes the Prisoners at the Barr have committed in the Prosecution of the Fact laid in the Indictment Crimes that the bare Intention had they not taken Effect would have merited the highest Punishment but this is not their case for they were not Disappointed of their wicked Lusts and Desires for as their Crimes are great so have they been consummate as well as Voluntary and Malitious I may well say That their Wickedness has been as Boundless and as Merciless as the Element upon which their Crimes have been committed nor is there any part of the World that hath not been sensible of their Rage and Barbarity Therefore Gentlemen as you are Lovers of Christianity as you are Lovers of Honesty nay as you are Lovers of your selves who bear the Character of Honest Men if we prove this charge against the Prisoners You must and ought to find them guilty remembring that the doing Iustice upon Wicked and Profligate Men is the greatest Mercy and Protection to the Good and Honest We shall therefore proceed to call our Witnesses not doubting but that you will Act like honest Men for the Honour and Welfare of your Countrey without having any respect to the Dishonourable Proceedings of the former Iury. Mr. Whitaker Call Io. Gravet He appeared and was Sworn Let him stand up Mr. Soll.

never come along with the Ship L. C. I. Holt. But do you know of any others that were set ashore Ph. Middleton Yes a great many Mr. Gravet and several others Mr. Cowper I think you said some French and English were set ashore in the Indies Ph. Middleton Yes Sir Mr. Cowper Were they set ashore willingly Ph. Middleton They desired to be set ashore Iury-man He says in the Morning Cap. Every called them above Deck and gave leave to any to go ashore that were not willing to go with them we desire to know whether any of the Prisoners were there at that time Ph. Midleton I know not that all hands were called up Mr. Iustice Turton What number of Persons were Aboard when the dividend was made Ph. Midleton About a Hundred and Sixty Mr. Iustice Turton What might the shares be Ph. Midleton Some a Thousand Pound some Six Hundred some Five Hundred and some less according as the Company thought they deserved Mr. Iustice Turton Had not you a share Ph. Midleton Yes what the Company thought fit and they told me that would serve to put me out an Apprentice and that I should never go near my Friends Mr. Iustice Turton How much was that you had Ph. Midleton Above an Hundred Pound Mr. Coniers What became of it Ph. Midleton Io. Sparks Robb'd me of it L. C. I. Holt. The Kings Counsel have done with the Evidence and therefore now is your time for to speak if you have any thing to say for your selves Ed. Foreseth What have you to say Ed. Foreseth My Lord I desire you would call Mr. Druit and ask him whether I was one of the Pinnaces Crew L. C. I. Holt. You hear what he says T. Druit Yes you were and I commanded you to come back and you refused E. Foreseth Did not you command me to go T. Druit Yes and I afterwards commanded you to come back and you refused E. Foreseth You did not command me back T. Druit Yes I did and Fired at you and Shot through the Boat E. Foreseth I held Water with my Oar that was all I could do L. C. I. Holt. What did you cammand him to do T. Druit To rescue the Ship L. C. I. Holt. Instead of rescuing the Ship you run away with her He commanded you back and you refused to come back E. Foreseth I could not bring her back my self nor come back unless I should leap over Board L C. I. Holt. Have you any more to say E. Foreseth My Lord when I was in the Boat I knew not who was in it nor how many When I came aboard the Charles the Sails were loose and I was in a very sorry condition they cut the Boat off and put her a Drift I could not get into her she was gone in a Minutes time I did not know which way or what Men there were in her nor heard nothing till two a Clock the next day And I hope my Lord as we are but poor Sea-faring Men and do not understand the Law you will take it into consideration L. C. I. Holt. But all you Sea-men understand that Law that it is not lawful to commit Piracy and he that doth deserves to be Hang'd E. Foreseth My Lord I never did L. C. I. Holt. Did you think it no Piracy to Rob E. Foreseth I was forc'd to do what I did M. I. Eyers You all compell'd one another E. Foreseth My Lord I was sent of an errand I hope as we are poor Men in this condition you will take it into consideration L. C. I. Holt. We shall Have you any more to say E. Foreseth No my Lord. L. C. I. Holt. W. May What do you say W. May. Here is one of the King's Evidence that testifies that I knew nothing of the Ships going away and I believe very few knew of it I believe not above nine or ten L. C. I. Holt. None of them say you were at the Consult But one says that you said God Damn you you deserve to be Shot through the Head and held a Pistol to him W. May. I never was any higher than the under Deck I was coming up the Hatch-way and Captain Every was standing and Commanding the Ship L. C. I Holt. Every was no Officer he had nothing to do to Command he was under Captain Gibson and took the Ship from Gibson W. May. My Lord I know nothing of the Ships going away L. C. I. Holt. You should have stuck to Captain Gibson and endeavoured to suppress the Insolence of Every Cap. Gibson was the Commander you ought to have obeyed him and if any had resisted him or gone to put a force upon him you should have stood by him W. May. I was surprised L. C. I. Holt. How W. May. By Cap. Every and knew nothing of it L. C. J. Holt. You were Zealous from the beginning and said to one Damn you you deserve to be Shot through the Head M J. Turton And one says you Drank a Health to your good Voyage W May. Presently after I heard this rumour I came up the Hatch-way and Cap. Every says You May I believe you do not love this way pray get down to your Cabin So I went to my Cabin which one that is now at Virginia could 〈◊〉 〈◊〉 which I hope will be considered that I cannot have my Witnesses for me L. C. J. Holt. What have you more to say Have you any Witnesses to call W. May. I stay'd in the Cabin a considerable time I was thinking I must leave my old Captain without seeing him and I begg'd them to give me leave to come to him and there was two Men stood with naked Cutlaces and would not let me come to him We had some confabulation together and I begg'd the favor to come in and at last they permitted me and the Doctor was Anointing the Commanders Temples And as I was coming along I had my hand cut and I went to the Doctor to desire him to bind up my hand When I came out again they began to hurry the Men away Here was Mr. Gravet the second Mate who is now one of the King's Evidence and I told him he should Remember me to my Wife I am not like to see her for none could go but who they pleased For when those Men were in the Boat they cryed to have a Bucket or else they should sink they having three Leagues to go And I do not know how they could go so far with more when their Boat was like to sink with those that were in her as some of the King's Evidence have testified L. C. J. Holt. Who will you call W. May. Mr. Dan. Who appear'd L. C. J. Holt. Mr. Dan answer the question whether there was calling for a Bucket several times by the Men that were in the Boat Ja. Dan They did call and a Bucket was given them to Pump with L. C. J. Holt. You were willing to be rid of them W. May. I have more to say