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
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
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
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
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.
Gen. Mr. Gravet Pray will you give my Lords and the Jury an account what you know of the Prisoners running away with the Ship Charles the Second I. Gravet I was Second Mate in the Ship at that time There was violent hands laid on me and I was seized and a Pistol clapt to my Breast and carried away Mr. Soll. Gen. Who did it Begin before I. Gravet I was Seized by the Carpenter of the Ship he took me by the Throat and clapt a Pistol to my Breast L. C. I. Treby Begin where the Ship was Lying L. C. I. Holt. You was a Mate in this Ship now pray give an account of the whole matter I. Gravet I was upon my Watch upon the Deck Prisoners Pray speak up I. Gravet And there was a Boat came from the Iames Gally with People in her And as soon as the Boat came the Carpenter seized me and took me by the Throat and clapt a Pistol to me and said if I resisted I was a Dead Man They took me one by one Arm and another by the other and led me to my Cabin And one with a Pistol stood at my Cabin Door till they were got two Leagues without the Groin Then Every came to speak to Cap. Gibson who was then Sick and was Guarded on both sides And when he had done speaking with him and was returned from Cap. Gibson he came to me again and said I suppose you do not intend to go with us I said I would not Then I and the rest that would not go with them had liberty to go ashore And I would have gone to my Coffer and taken my cloaths but they would not let me and told me I should carry no more than my Cloaths on my back Mr. So. Gen. Did any of the Prisoners at the Barr say so I. Gravet That I cannot tell Mr. Coniers Then go on I. Gravet Then I went to Every and I had some of my Cloaths he was so kind to give me them he gave me a Coat and Wastcoat and his Commission that he left behind him and W. May took me by the hand and wished me well home and bid me Remember him to his Wife Mr. Coniers Was there liberty for any of them that would to go ashore I. Gravet Cap. Gibson told me so and there were about 17 went off Mr. Coniers No matter what Cap. Gibson told you you say you went off might any one that would go I. Gravet That I cannot tell Mr. Coniers You say there was about 17 went off would the Boat hold more I. Gravet Yes Sir Mr. Cowper Did you see any hindered that would have gone off Were any of the Prisoners at the Barr there I. Gravet No. Mr. Soll. Gen. Do you know Ed. Foreseth c. I. Gravet I know some of them Mr. Coniers Name the Men that you say you know I. Gravet Ioseph Dawson W. May I. Sparks Mr. Soll. Gen. They belonged to what Ship Io. Gravet To the Charles Mr. Coniers Was there not a Boat came from the Ship Iames before you went away Was there any of the Prisoners at the Barr that came in that Boat I. Gravet There were about 26 that we had account of Mr. Coniers From what Ship did they come I. Gravet From the Iames. Mr. Coniers Were any of the Prisoners at the Barr any of them I. Gravet Indeed Sir I cannot tell Cl. of Arr. Call T. Druit Who appeared and was Sworn Mr. Soll. Gen. Mr. Druit was you aboard the Ship called the Charles the Second when she was carried away T. Druit No Sir Mr. Soll. Gen. Do you know any thing of the carrying of that Ship away T. Druit I was not in that Ship I was Mate of the Iames. And about 9 came one from aboard the Charles the Second and askt me for the Drunken Boatswain and I replyed short and he went away again and said the Ship was going to be run away withal Whereupon I went with ten men to recover the Ship And after I had advised with the Commander I ordered the Pinnace to be mann'd and when I came the last that went into the Boat was Pike and I bid them put back and they would not but went away to the Ship Charles Mr. Coniers How many were there that went away in that Boat T. Druit About Five and Twenty Mr. Coniers Did you know all the Men Were any of the Prisoners at the Barr there Look on them T. Druit Yes my Lord there was Ed. Foreseth W. Bishop and Ia. Lewis L. C. I. Holt. What Boat did they go away with the Iames Boat T. Druit Yes my Lord. L. C. I. Holt. Then they came from the Iames to the Charles the Second Name their Names again T. Druit Ed. Foreseth Ia. Lewis and W. Bishop Mr. Soll. Gen. You saw them go off did you not T. Druit It was so dark that we could not see them Mr. Cowper Were these three men sent T. Druit They were sent Mr. Cowper Or did they go of their own head T. Druit No I do not say so But I went to command them back again and they refused Mr. Cowper Did they make any Answer T. Druit No they only went away damning and sinking Mr. Coniers Were there any Guns sent after them T. Druit Yes Mr. Coniers What was it for T. Druit It was to bring them back again Mr. Cowper And they would not come back T. Druit They did not come Mr. Cowper Then they would not come Cl. of Arr. Call David Creagh who was sworn Prisoner This man is a Prisoner for Pyracy my Lord. L. C. I. Holt. What if he be Prisoner I do not understand Law I hope your Lordship will advise us L. C. Holt. I will do you all right If he be so that is no Objection against him he may be a good Witness for all that Cl. of Arr. He is not a Prisoner for Pyracy but for Treason L. C. I. Holt. Tho he be a Prisoner for Treason he is not Attainted What is his Name Cl. of Arr. David Creagh Mr. Soll. Gen. What do you know about the Prisoners running away with the Ship Charles D. Creagh Upon the 7th of May 1694 I came to the Groin in company with the Boatswain and several others on board the Charles and when I was going in to the Captain of the Charles Captain Gibson I found Mr. Every the Carpenter and some others drinking a Bowl of Punch And after I was come from the Captain I came and sate down with them and Mr. May drank an Health to the Captain and Prosperity to their Voyage And we not knowing their Design then thought it was to our Lawful Captain and Prosperity to the Voyage he was designed for L. C. I. Holt. What was your Voyage D. Creagh It was to the Spanish Indies And afterwards the Company broke up and retired and went to their Cabins And when we were in our Cabins we heard a great Noise above Deck and
Ship when they went away I. Dan. Yes Mr. Soll. Gen. Name them I. Dan. Ed. Foreseth W. May I. Lewis Io. Sparks W. Bishop Mr. Coniers Which of them was aboard the Charles that belong'd to her Io. Dan. W. May and I. Sparks and Ed. Foreseth Ia. Lewis and W. Bishop came from the Iames. Mr. Cowper Was it not generally understood that they were going to run away with the Ship when they came to Cap. Gibson I. Dan. Yes Sir they knew to be sure Mr. Soll. Gen. Did you know that they assented to it I. Dan. No Sir I did not hear them say so Mr. I. Eyers Did they desire to go ashore with the rest I. Dan. I saw none hindered L. C. I. Holt. Was Ed. Foreseth in the Ship then I. Dan. Ed. Foreseth was in the Ship then L. C. I. Holt. Was he at the Isle of May taking in necessaries with you I. Dan. Yes Sir L. C. I. Holt. VVhat did he do in the Company I. Dan. He was in the Ship and came from the Iames. L. C. I. Holt. And so did Bishop and so did Lewis I. Dan. Yes my Lord these three and the other two belong'd to the Charles Mr. Whitaker Did any of the Ships Crew go ashore at the Isle of May I. Dan. Yes Sir I think so Mr. Soll. Gen. But I think you say that the word vvas given about that any might go that vvould Mr. Coniers Go on vvith the proceedings after you vvere at the Isle of May. I. Dan. After vve had Victual'd vve took in some Men. Prisoners VVe have been Tryed for that already my Lord. L. C. I. Holt. Go on I. Dan. After vve had been there and took in vvhat vve had occasion for our Quarter-Master said he vvould give them Bills for vvhat he took of them Then vve vvent to the Coast of Guinea and took several Negroes and carried them avvay vvith us And aftervvard vve vvent to the Island of Princes vvhere lay tvvo Danes and vve fought them and took them and after vve had taken them some of the Men vvent ashore at the Island of Princes and others vvent along vvith us and vve brought the Ships to Vandepo and burnt one and carried one vvith us Then vve came to Cape Lopes L. C. I. Holt. VVhere is that I. Dan. Under the Equinoctial Line And there vve fired a shot through the little one to sink her for the Men could not agree and so vve could not carry her vvith us VVe vvent about the Cape and touch'd at Madagascar Dr. Littleton Had not these men their part and share of the Plunder L. C. I. Holt. You go too fast Sir Mr. Coniers What was the next Ship you met with after you had rounded the Cape I. Dan. The next was a small Vessel about 30 or 40 Tun and we put her ashore and took a small matter out of her and let her lie And there vve put this Gentleman Mr. May ashore And vve seeing 3 English Ships a coming vve left him there and vvent to the Equinoctial Line And aftervvards for vvant of Bread and Water vve came again and took another small Vessel and some Rice and Pody out of her and sunk her and then vvent to the Cape again and took in W. May again and met another Vessel and took Rice and meal out of her and sunk her too And then vve vvent to the Red Sea to a Town called Meat and the People would not trade with us and we burnt it And thence we went up to the Red Sea as far as we could And going up the Cape Adin we met with two English Privateers more and they came and joyned with us L. C I. Holt. You call them Privateers but were they such Privateers as you were I. Dan. Yes my Lord. I suppose they had Commissions at first but I suppose they did not run so far as that Mr. Coniers Did you go all on the same Design I. Dan. Yes they sailed on with us and we made the best of our way and came up into the Red Sea in a little time and came to an Anchor at Bobs Key and had lain there but a night and a day and there came up 3 Englishmen more from America and they likewise consorted with us and we lay there about 5 Weeks and in that time we expected the Fleet to come down Mr. Coniers VVhat Fleet I. Dan. The Moorish Fleet that came from Mocha They past us on Saturday night unseen and we took a Vessel which gave us an account that they were gone And then we followed them and about 3 days after we made Land we came up with one of them of about 2 or 300 Tuns and we fired a Broad-side at her and small shot and took her which after we had taken her we plundered and took out some Gold and Silver Mr. Coniers And vvhat did you do vvith it I. Dan. VVe brought it aboard our Ship Mr. Coniers Did you share it I. Dan. Not then but after vve took the other Ship Mr. Coniers VVhat vvas that other Ship I. Dan. After we had taken her we put some Men aboard to keep her with us and about two days after we were lying at Anchor at St. Iohns and there was a great Ship called the Gunsway and we weigh'd Anchor and fought her about two hours and took her and put some Men aboard her and plunder'd her And after we had done as much as we thought convenient vve sent her to Surat vvith the People in her And then vve stood further to the Indian Coast and shared our Money about a vveek after L. C. I. Holt. That vvas a brave Prize vvas it not the best you had all the Voyage I. Dan. Yes my Lord. L. C. I. Holt. Did you all share I. Dan. Yes all that vvere in the Ship L. C. I. Holt. You have given a good account of this matter Was Ed. Foreseth there I. Dan. Yes my Lord. L. C. I. Holt. VVhat did he do vvas he active J. Dan. I did not see him act L. C. J. Holt. Had he a share J. Dan. Yes my Lord he had L. C. J. Holt. VVas W. May there J. Dan. Yes my Lord. L. C. J. Holt. VVhat did he do there J. Dan. He could do but little then he had his share L. C J. Holt. And vvhen you took him in again vvhat did he do did he do his business as a Seaman J. Dan. Yes my Lord till he vvas sick L. C. J. Holt. VVas W. Bishop there J. Dan. Yes my Lord he vvas among the rest L. C. J. Holt. VVhat did he do Did he consent and agree to vvhat vvas done J. Dan. He had share of the money L. C. J. Holt. Did Ia. Lewis share too J. Dan. He had a share as far as vvas allovved by the Company L. C. J. Holt. Did J. Sparks share vvith you too J. Dan. Yes my Lord as far as the Company thought fit to give him Mr. Cowper VVhen you say as the Company thought fit vvhat
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
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
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
And then calling a Council they agreed to follow them and accordingly went after them and came up with one of them which was about 250 Tun and with small resistance took her and put some Men on board her and took out Gold and Silver out of her to the Value of 30 or 40000 l. with other Merchandise And afterwards met with the Ship called the Gunsway and robbed her likewise of all her Furniture to a very great Value And about a Week after they shared all the Prizes they had taken and some had a thousand Pound some had eight hundred some seven hundred some five hundred every Man in the Ship his Share as they thought they deserved And it was particularly proved by the Evidence against the Prisoners that they had their Shares The more particular 〈◊〉 of which is already Printed at large in the foregoing Tryal When the King's Evidence had done the Prisoners were permitted to say what they could in their Defence out the same appearing to be very weak the L. C. J. Holt summed up the Evidence and the Jury going out to consider their Verdict after a short stay brought them in all Guilty Then the Court Adjourned to the 10th of November following After the Tryal of John Murphey was over the Pirates were brought to the Bar. Cl. of Ar. Ioseph Dawson you by your own Confession are Convicted of Piracy and Robbery What have you to say why Sentence of Death shall not be passed upon you according to Law Io. Dawson I submit my self to the King and the honourable Bench. Cl. of Ar. Edward Foreseth What have you to say c. Foreseth I am an innocent Man and went on to jushifie himself c. Iudge of the Admiralty You and the rest of the Prisoners at the Bar have had a very fair Tryal and been fully heard upon your Defence but the Jury your Countrey-men upon whom you put your selves to be tried have found you Guilty So that the insisting upon your Justification cannot now avail you any thing the Verdict being given but if you have any thing to offer in arrest of Judgment or can shew any Cause why the Court should not proceed to give Judgment according as the Law directs against Persons Convicted of Piracy you shall have liberty to speak and will be heard Foreseth I desire to be sent into India to suffer there Cl. of Ar. William May What have you to say c. William May. My Lord I being a very sickly Man never acted in all the Voyage I have served my King and Countrey this thirty Years and am very willing to serve the East-India Company where they please to command me and desire the honourable Bench to consider my Case and if I must suffer I desire to be sent into India to suffer there Cl. of Ar. William Bishop What have you to say c. Will. Bishop I was forced away and when I went was but 18 Years old and am now but 21 and desires Mercy of the King and the Court. Iames Lewis I am an ignorant Person and leave my self to the King's Mercy Iohn Sparks I leave my self to the King's Mercy and to the honourable Court Iu. of the Ad. Ioseph Dawson You stand Convicted upon four Indictments by your own Confession for Piracy and Robbery And you Ed. Foreseth Will. May Will. Bishop Ia. Lewis and Io. Sparks having put your selves upon your Tryals according to the Customs and Laws of your own Countrey have been found Gailty upon three several Indictments for the same detestable Crimes committed upon the Ships and Goods of Indians of Danes and your own Fellow-Subjects The Law for the heinousness of your Crime hath appointed a severe Punishment by an ignominious Death and Iudgment which the Law awards is this That you and every one of you be taken from hence to the Place from whence you came and from thence to the Place of Execution and that there you and every one of you be Hanged by the Necks until you and every one of you be Dead And the Lord have Mercy upon you According to this Sentence Edward Foreseth and the rest were Executed on Wednesday November the 25th 1696 at Execution-Dock that being the usual Place for the Execution of Pirates FINIS