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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

Ship we desire it may be heard again L. C. J. H. He was with them at the carrying off the Ship and at the taking of the several Prizes and had his Share afterwards What is Consent Can Men otherwise Demonsttrate their Consent than by their Actions Juryman But we understand my Lord that he was tryed upon his consenting to carry away the Ship L. C. I. Holt. What do you mean by Consenting If a Ship be carried away with force from the Captain diverse Piracies are committed with her one continues aboard and receives a Share of the Profit of the several Piracies Is not that an Evidence of Consent to the piratical Design Was it not proved that many went out of the Ship that were not willing to go on that Design And that was with the leave of the rest that remained Mr. I. Eyres And one stood on the Deck and said with a loud Voice That they that will not go may have liberty to go ashore Mr. Coniers No Man was hindered but the Doctor being a useful Man L. C. I. Holt. When a Ship is run away with and People are aboard that Ship so run away with that proves their Consent unless they can produce Evidence to the contrary Mr. I. Turton The Captain was in his Bed sick of a Fever at that time and was not willing to go with them and they sent him away from them Mr. I. Eyres And every Man had his Share Then the Iury consulting together a very little time agreed on their Verdict Cl. of Ar. Gentlemen of the Jury Answer to your Names Io. Degrave Io. Degrave Here and so of the rest Cl. of Ar. Gentlemen Are you all agreed of your Verdict Iury. Yes Cl. of Ar. Who shall say for you Iury. Our Foreman Cl. of Ar. Set Ed. Foreseth to the Bar. Ed. Foreseth hold up thy Hand which he did Look upon the Prisoner Is Edward Foreseth Guilty of the Piracy and Robbery whereof he stands Indicted or not Guilty Foreman Guilty Cl. of Ar. Look to him Keeper What Goods and Chattels c. Foreman None that we know of Cl. of Ar. W. May hold up thy Hand which he did Is W. May Guilty c. or not Guilty Foreman Guilty Cl. of Ar. Look to him Keeper c. W. Bishop hold up thy Hand which he did Is W. Bishop Guilty c. or not Guilty Foreman Guilty Cl. of Ar. Look to him Keeper c. Ia. Lewis hold up thy Hand which he did Is Ia. Lewis Guilty c. or not Guilty Foreman Guilty Cl. of Ar. Look to him Keeper c. Io. Sparks hold up thy Hand which he did Is Io. Sparks Guilty c. or not Guilty Foreman Guilty Cl. of Ar. Look to him Keeper c. L. C. I. Holt. Gentlemen You have done extreamly well and you have done very much to regain the Honour of the Nation and the City Then the Court Adjourn'd to Friday next the 6th of Novemb. two of the Clock in the Afternoon On which Day Ed. Foreseth c. were Tryed upon two other Indictment for several Piracies An Abstract of the Tryal of Ed. Foreseth James Lewis Will. May Will. Bishop Jo. Sparks Joseph Dawson having pleaded Guilty upon his Araignment at the Sessions-House in the Old-Baily Friday Novemb. the 6th 1696. where were present Sir Charles Hedges Iudge of the High-Court of Admiralty the Lord Chief Iustice Holt Lord Chief Iustice Treby with several others of his Majesties Iudges and Commissioners After several Challenges made by the Prisoners of the Persons returned upon the Jury these Twelve Gentlemen were Sworn viz. Roger Mott Iohn Iames Richard Rider William Hunt Iohn Hammond Abraham Hickman Iohn Watson Benjamin Hooper Iohn Hibbert Richard Chiswell Daniel Ray William Hatch THen the Clerk Read the Two Indictments upon which they were Tryed viz. One for Scifing Robbing and Carrying away Two Ships belonging to Denmark on the 30th of August 1694. The other for that they on the 28th of September 1695. in a Place 40 Leagues distant from Surrat did Forcibly and Piratically set upon a Moorish Ship and take away her Tackle and Goods to a great Value Then Dr. Newton one of his Majesties Advocates spoke to the Iury as followeth My Lord and Gentlemen of the Iury The Crime the Prisoners at the Bar stand Charged with and which has been opened to you upon the Indictments is Piracy which is the worst sort of Robbery both in its Nature and its Effects since it disturbs the Commerce and Friendship betwixt different Nations and if left unpunished involved them in War and Blood For sovereign Powers and Nations have no Courts of Justice afterwards to refort to as the Subjects of Princes have in their own Countries for Redress or Punishment but they can only have recourse to Arms and War which how Expensive and how Dangerous they are and what Calamities and Ruin they carry along with them no Person can be a Stranger to So that those who bring not such Criminals to Judgment when it lies in their Power and is their Duty to do so are answerable in a great Measure before God and Man for all the fatal Consequences of such Acquittals which bring a Scandal on the publick Justice and are often attended with publick Calamities It is not therefore Gentlemen to be supposed that Wise or Honest Men and there are none who would be thouhght to be otherwise who love their Country and wish its Peace and Prosperity would be guilty in that kind Gentlemen This Piracy was begun in Europe carried on through Africa and ended in the remotest Indies so that in a manner all the World is concerned in this Tryal and expects and demands Justice of them if they are Guilty at your Hands Then the Witnesses were Produced to prove the Facts charged upon the Prisoners viz. Io. Dan David Cray Phil. Midleton and others who fully proved against them That the Prisoners with several other wicked Persons not yet taken did forcibly take away the Ship Charles the Second from the lawful Commander Captain Gibson with a piratical Design And in the said Ship did afterwards commit several Piracies at the Isle of May they took three English Ships From there they went to the Coast of Guinea and when some of the Natives came on board with their Gold to trade with them they took away their Gold and carried them away for Slaves And they went to the Isle of Princes and took two Danish Ships and took out what was in them viz. 40 Pound weight of Gold-dust and other Merchandise and they offered to restore one of the Ships to the Master after they had robbed her but the Master he said she was insured and he would not take her again And afterwards they burnt one of the Ships and carried away the other Then they went to Bobs Key at the Mouth of the Red-Sea waiting for the Moco Fleet which one Night past by them unseen but were informed the next Day that they were gone

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.

do you mean Hovv did they share it J. Dan. Some had 1000 l. some 500 others 300. Mr. Cowper Had all the Prisoners some share J. Dan. Yes Sir all had some share Mr. Whitaker VVhat did you do vvith the Charles the 2d after the Voyage J. Dan. VVe left her at Providence L. C. J. Holt. If any of you Prisoners at the Bar vvill ask him any Questions you may Mr. Justice Turton VVhat Provisions vvere aboard the Charles vvhen she vvas taken avvay J. Dan. I cannot tell Mr. Justice Turton What quantity of Bread vvas there J. Dan. A pretty deal I cannot tell the quantity Mr. Justice Turton And vvere there any Guns aboard her and small Arms J. Dan. Yes my Lord there vvere W. May. My Lord may I speak for my self L. C. J. Holt. If you vvill ask him any Questions you may You shall be heard again to speak for your self by and by W. May. I desire he may be askt vvhere I vvas taken sick L. C. J. Holt. He asks you vvhere he vvas taken sick J. Dan. I cannot justly tell that I think it vvas at Allibore at the Coast of Guinea W. May. I did not lie dovvn vvith it J. Dan. No you did not but your first being taken sick vvas at Allibore W. May. My Lord I desire you vvill ask him vvhether he thinks I had any knovvledge of the going avvay of the Ship L. C. I. Holt. You hear vvhat he says What do you say I. Dan. I knovv nothing of that L. C. J. Holt. You vvere there and you had a share of the Prize you drank an Health to the success of your Voyage W. May. I hope my Lord you vvill not be angry for asking Questions L. C. J. Holt. No no body is angry you may ask vvhat questions you vvill Then Philip Middleton vvas called and svvorn Mr. Coniers Pray tell vvhat you knovv of taking avvay the Ship Charles the 2d P. Middleton I cannot say any thing of running avvay vvith the Ship for I vvas asleep then but afterwards in the morning they called up all Hands and the Captain said every man should share alike only he would have two shares L. C. J. Holt. Who said so P. Middleton Cap. Every From thence they went to Bonyvis and took in some Salt and from Bonyvis they went to the Isle of May and there they took 3 English Ships and plundered them and they took the Governour aboard their own Ship till they had done for then they could demand what Victuals they had a mind to and then they sent him away again And from the Isle of May they went to the Coast of Guinea where they put out English Colours to make the Natives come aboard to Trade and when they came aboard they surprized them and took their Gold from them and tied them with Chains ond put them into the Hold. and when they came to a place called the Island of Princes they gave 7 of them away for slaves And then they went to Vandepoe where they clean'd their Ship and from Vandepoe they went to Cape Lopes and from Cape Lopes to Annibo and from Annibo about the Cape and at Madagascar they watered their Ship and got Provisions and Cows to salt up and from thence they went to Ioanna and from Ioanna they went to take a Junk and took Rice out of her and sunk her and from thence they went to the Equinoctial Line and because they were short of water and rice they went back again to Iohanna And the wind being contrary they went to Commeroe and there they met a small French Vessel and they took her and sunk her and then went to Iohanna again and there took in Mr. May again And then went to Meet and because the Natives would not Trade with them they burnt their Town And then they went to Bobs Key by the mouth of the Red Sea But before that they met with an English Vessel that was on the same Account that we were and we rode there a Night or two and they saw there another Sail a coming which proved to be another English Vessel And in the Morning they saw two more May Farrel and Wake were the Captains And on Saturday Night all the Mocho Fleet passed by And on Sunday Morning they took another Vessel that told them the said Fleet was gone by and so they consulted whether they should follow them or stay there And then they went after them and overtook them and took one that was about three or four Hundred Tun and took Gold and Silver out of her and sent Men aboard her to plunder and keep her And next day they spied another Sail and got up their Anchor and stood to her and took her she was called the Gunsway they killed several Men aboard and when they had taken and plundered the Ship they left the Men aboard to go to Surat again And then they went to Rachipool in the East-Indies and got water and necessaries and from thence to Degorees and watered again and then to Dascaran where they set about 25 French Men ashore and 14 Danes and some English For they were afraid if they came to England and were caught they should be hang'd and they thought themselves there secure From that place they went to Ascension and then to the Island Providence in the West-Indies And then they wrote a Letter to the Governour to know if he would let them come in and said they would present the Governour with 20 pieces of eight and two pieces of Gold if he would let them come in and the Captain because he had a double share he offered 40 pieces of eight and four of Gold and with that they sent some Men down Adams and others with the Letter And they came again with a Letter from the Island that they should be welcome and come and go again when they pleased Mr. Coniers Look on the Prisoners at the Barr were they all there L. C. I. Holt. Do you know Ed. Foreseth Was he there Did he belong to the Charles the 2d P. Middleton He came from the Iames. L. C. I. Holt. Was W. May there Ph. Middleton He was aboard the Charles L. C. I. Holt. Was W. Bishop there Ph. Middleton W. Bishop came from the Iames. L. C. I. Holt. Was I. Lewis there Ph. Middleton Yes he came from the Iames. L. C. I. Holt. Was Io. Sparks there P. Middleton Yes he was aboard the Charles L. C. I. Holt. Had all the Ment heir shares Ph. Middleton Yes such as the Company thought fit to allow them all of them L. C. I. Holt. Had these Men their shares of the several Prizes they took Ph. Middleton Yes they had L. C. I. Holt. Were they Active in the taking of the Prize Ph. Middleton They were as far as I saw L. C. I. Holt. Were not Divers others set ashore besides Cap. Gibson Ph Middleton I never heard any repine or wish they had been ashore or that they had