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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

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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
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