THE TRYALS OF Ioseph Dawson Edward Forseith William May William Bishop Iames Lewis and Iohn Sparkes For several Piracies and Robberies By them committed IN THE Company of EVERY the Grand Pirate near the Coasts of the East-Indies and several other Places on the Seas Giving an ACCOUNT of their Villainous Robberies and Barbarities At the Admiralty Sessions begun at the Old-Baily on the 29th of October 1696. and ended on the 6th of November LONDON Printed for Iohn Everingham Bookseller at the Star in Ludgate-street 1696. Admir Angl. ss THE Sessions of Oyer and Terminer and Goal-Delivery held for our Sovereign Lord the King for the Iurisdiction of the Admiralty of England at Iustice-Hall in the Old-Baily in the Suburbs of the City of London on Monday the 19th Day of October in the Eighth Year of the Reign of our said Sovereign Lord King William the Third over England c. before the Right Honourable Edward Russel Esq Henry Priestman Esq Sir Robert Rich Knight and Baronet Sir George Rooke Kt. Sir John Houblon Kt. and James Kendall Esq Commissioners for Executing and Exercising the Office and Place of Lord High Admiral of England respectively assigned and deputed the Right Worshipful Sir Charles Hedges Kt. Dr. of Law Lieutenant in the High Court of Admiralty of England Commissary-General of Our Sovereign Lord the King and President and Iudge of the said Court the Right Honourable Sir John Holt Kt. Lord Chief Iustice of the King's-Bench Sir George Treby Kt. Lord Chief Iustice of the Common-Pleas Sir Edward Ward Kt. Lord Chief Baron of the Exchequer Sir Tho. Rookeby Kt. and one of the Iustices of the Kings-Bench Sir Samuel Eyre Kt. another of the Iustices of the Kings-Bench Sir John Turton Kt. another of the Iustices of the Kings-Bench Sir John Powell Kt. one of the Iustices of the Common-Pleas Sir Littleton Powis Kt. one of the Barons of the Exchequer William Bridgeman and Josias Burchet Esqs Secretaries of the Admiralty of England Thomas Lane William King and John Cooke respectively Drs. of Laws and others His Majesty's Iustices named in the said Commission HIS Majesty's Commissioners being then and there met the Commission was read and Proclamation made for Attendance After which the Gentlemen of the Grand Jury were called and Sworn and received their Charge from Sir Ch. Hedges Kt. Judge of the High Court of Admiralty who set forth unto them the nature of the Commission the extent of the Jurisdiction of the Court and the subject Matter of their Enquiries Then the Witnesses for the King being Sworn the Grand Jury withdrew and after a little time returned finding Billa vera against Henry Every not yet taken Ioseph Dawson Edw. Foreseith William May William Bishop Iames Lewes and Iohn Sparkes Prisoners for Feloniously and Piratically taking and carrying away from persons unknown a certain Ship called the Gunsway with her Tackle Apparel and Furniture to the value of 1000 l. and of Goods to the value of 110 l. together with 100000 Pieces of Eight and 100000 Chequins upon the High Seas ten Leagues from the Cape St. Iohns near Surat in the East-Indies Then Dawson Forseith May Bishop Lewes and Sparkes were brought to the Bar and their Indictment was read Ioseph Dawson confessed that he was Guilty but the rest pleaded Not Guilty and put themselves upon their Trials and thereupon the Petty-Jury was called and the persons whose Names follow were Sworn William Walker Iohn Child Edward Leeds Thomas Clarke Nathan Green Henry Sherbrooke Benjamin Dry Iohn Sherbrooke Samuel Iackson Thomas Emms Henry Hunter Iohn Hall Then the King 's Learned Councel opened the Indictment c. and Dr. Newton made a Speech which is as follows My Lorde and Gentlemen of the Jury THE Prisoners are Indicted for Piracy in Robbing and Plundering the Ship Gunsway belonging to the Great Mogul and his Subjects in the Indian Seas to a very great value And the End was suitable to their Beginning they first practised these Crimes upon their own Country-men the English and then continued them on to Strangers and Foreigners For the Ship in which this Piracy was committed was an English Vessel called The Charles the Second belonging to several Merchants of this City designed for other Ends and a far different Voyage which by these Criminals with the Assistance of one Every their Captain in all these Villanies was seized near the Groyn in Spain in May 1694. from which place having first by Force set Captain Gibson the Commander on Shoar they carried off the Ship and with it committed many and great Pyracies for several Years as will appear in the Course of the Evidence in most of the parts of the known World without distinction upon all Nations and Persons of all Religions Their last Piracy was this in the Indies the greatest in it self and like to be the most pernicious in its consequences especially as to Trade considering the Power of the great Mogull and the natural Inclination of the Indians to Revenge But they are now brought hither on their Tryal and if the Matters they are Charged with shall be proved to receive that Iudgment from you their Crime deserves and that is Piracy which by so much exceeds Theft or Robbery at Land as the Interest and Concerns of Kingdoms and Nations are above those of private Families or particular Persons For suffer Pirates and the Commerce of the World must cease which this Nation has deservedly so great a share in and reaps such mighty advantage by And if they shall go away unpunished when it is known whose Subjects they are the consequence may be to involve the Nations concerned in War and Blood to the Destruction of the Innocent English in those Countries the total Loss of the Indian Trade and thereby the impoverishment of this Kingdom The Witnesses for the King viz. Iohn Dan and Philip Middleton were then called and Sworn and in the Opinion of the Court gave a full Evidence against the Prisoners which was very clearly summ'd up by the Lord Chief Justice Holt the tenour whereof is particularly set forth in the following Trials but the Jury contrary to the expectation of the Court brought in all the Prisoners Not Guilty whereupon the Sessions was Adjourned to Saturday the 31th of October following and the Prisoners were committed upon a new Warrant for several other Piracies Die Sabbati tricesimo primo Octobris Annoque Regni Regis Willielmi Tertii Octavo Annoque Domini 1696. THE Court being sat at which were present Sir Charles Hedges Judge of the High Court of Admiralty the Lord Chief Justice Holt the Lord Chief Justice Treby the Lord Chief Baron Ward Mr. Justice Rookby Mr. Justice Turton Mr. Justice Eyres and Mr. Baron Powis Dr. Lane Dr. King and Dr. Cook The Court proceeded in this manner Cl. of Arr. Cryer Make Proclamation Cryer O yes O yes O yes All manner of Persons that have any thing more to do at this Sessions draw near and give your
Nay we our selves cannot but confess that all Kingdoms and Countries who have suffered by English Pirates may for want of Redress in the ordinary course have the pretence of Justice and the colour of the Laws of Nations to justifie their making reprizals upon our Merchants wheresoever they shall meet them upon the Seas If a Jury happens in these cases to be too severe there is room for Mercy and I am confident that upon a just representation the Innocent never failed of obtaining it but for a fault neglect or errour on the other hand there is no relief for injured Forreigners but by their carrying out as we may be sure they will for themselves such a satisfaction upon our Merchants as they shall think fit whenever they shall have an opportunity and so our whole Nation must unavoidably suffer both in reputation and interest and all as it were through our own default I hope what hath been said upon this unexpected occasion will not be looked upon as intended to influence any Jury I am sure it is far from being so designed Religion Conscience Honour common Honesty Humanity and all Laws forbid such Methods There is no doubt but the Judge as well as the Jury man then best discharges his duty when he proceeds without favour or affection hatred or ill-will or any partial respect whatsoever Every man ought to be extreamly tender of such a Person as he has reason to believe is innocent but it should be considered likewise on the other side that he who brings a notorious Pirate or common Malefactor to Justice contributes to the safety and preservation of the Lives of many both bad and good of the good by means of the assurance of protection and of the bad too by the terrour of Justice It was upon this consideration that the Roman Emperours in their Edicts made this piece of service for the publick good as meritorious as any act of Piety or Religious Worship Our own Laws demonstrate how much our Legislators and particularly how highly that great Prince K. H. the 5th and his Parliament thought this Nation concerned in providing for the security of Traders and scowring the Seas of Rovers and Free-booters Certainly there never was any Age wherein our Ancestors were not extraordinary zealous in that affair looking upon it as it is and ever will be the chief support of the Navigation Trade Wealth Strength Reputation and Glory of this Nation Gentlemen our concern as our Trade is ought in reason to be rather greater than that of our Fore-fathers we want no manner of inducements no motives to stir us up whether we consider our Interest or Honour we have not only the sacred Word but also the glorious Acts of the best of Kings which sufficiently manifest to us that the good and safety of this Nation is the greatest care of his Life let every man therefore who pretends to any thing of a true English spirit readily chearfully follow so good so great so excellent an Example by assisting and contributing to the utmost of his power and capacity at all times towards the carrying on his noble and generous Designs for the common good and particularly at this time by doing all that he can to the end that by the Administration of equal Justice the Discipline of the Seas on which the good and safety of this Nation entirely depends may be supported and maintained Then the Witnesses being sworn in Court the Grand Jury withdrew to hear their Evidence And in the mean time T. Vaughan and I. Murphey Tim. Brenain were Arraigned whom the Keeper of Newgate by Order brought to the Bar. Cl. of Arr. T. Vaughan Hold up thy Hand which he did Thou standest Indicted c. Art thou Guilty of this High Treason whereof thou standest Indicted or not Guilty T. Vaughan Not Guilty Cl. of Arr. Culprit how wilt thou be tried T. Vaughan By God and this Countrey Cl. of Arr. God send thee a good deliverance Cl. of Arr. I Murphey Hold up thy hand which he did Thou standest Indicted c. How sayest thou Io. Murphey Art thou Guilty of the High Treason whereof thou standest Indicted or not Guilty I Murphey Not Guilty Cl. of Arr. How wilt thou be tried I. Murphey By God and the King Officer You must say by God and my Countrey Cl. of Arr. God send thee a good deliverance Cl. of Arr. Bring Tim. Brenain to the Bar who was brought accordingly Cl. of Arr. Tim. Brenain have you any Copy of your Indictment Tim. Brenain Yes Cl. of Arr. When had you it Tim. Brenain This day sennight Cl. of Arr. Tim. Brenain hold up thy hand which he did Thou standest Indicted c. How sayest thou Art thou Guilty of the High Treason whereof thou standest Indicted or not Guilty Tim. Brenain Not Guilty Cl. of Arr. How wilt thou be tried T. Brenain By God and my Country Cl. of Arr. God send thee a good deliverance Mr. Mompesson Will your Lordships please that he may be tried now L. C. I. Treby Does he desire to be tried now Mr. Mompesson Yes my Lord there is no Evidence against him and he is sick Mr. Soll. Gen. We are not now prepared for the Tryal L. C. I. Treby If the King's Council and the Prisoner be agreed with all my heart L. C. I. Holt. He may be tryed with the rest Then T. Vaughan and I. Murphey and T. Brenain had Notice to prepare for their Tryals on Friday next at two of the clock in the afternoon Then the Grand Jury came into Court Cl. of Arr. Gentlemen of the Grand Jury are you agreed in your Bills Grand Iury. Yes Cl. of Arr. Billa vera against Ioseph Dawson Ed. Foreseth W. May W. Bishop Iames Lewis and I. Sparks for Pyracy and Robbery Cl. of Arr. Keeper of Newgate Set Ioseph Dawson Ed. Foreseth Will. May Will. Bishop Will. Lewis and Io. Sparks to the Bar which was done accordingly Cl. of Arr. Ioseph Dawson hold up thy hand which he did Ed. Foreseth hold up thy hand which he did W. May hold up thy hand which he did W. Bishop hold up thy hand which he did Iames Lewis hold up thy hand which he did Io. Sparks hold up thy hand which he did Then the Indictment was Read and set forth That Henry Every alias Bridgman Joseph Dawson Edward Foreseth William May William Bishop James Lewis and John Sparks late of London Mariners on the 30th of May in the 6th Year of the Reign of our Sovereign Lord King William and the late Queen did against the Peace of God and our said Sovereign Lord the King that now is and the late Queen by Force of Arms upon the High and Open Seas in a certain place about Three Leagues from the Groyn and within the Iurisdiction of the Admiralty of England Piratically and Felloniously set upon one Charles Gibson a subject of our said Soveraign Lord the King that now is and of the late Queen being then and
Captain Humphrys that commanded the Gally called to us to tell us his men were run away with the Boat and were gone to Captain Gibson To which Every answered that he knew that well enough So the men came aboard and as I was coming out of my Cabin to see what the matter was I was met by Every the Carpenter and two Dutchmen and they obliged me to retire again to my Cabin And Cap. Humpreys fired two Guns at us But we presently gotout of reach of the Guns and proceeded on the design And I came out of my Cabin and went on the Quarter-deck where I met Every and the Carpenter together Every was cunning the Ship L. C. I. Holt. What is the meaning of that D. Creagh That is to direct in the Steering of her So Every took me by the hand and ask'd me if I would go with him And I Answered I did not know his Design He said there were but few that knew it Says I tell me who do know it that if you will not tell me your self I may ask them that can tell me But he said we should all know by to morrow Morning eight a Clock I told him that would be too late to repent of the Design The Carpenter stood by him and said Do you not see this Cock Yes says I I do Says he this Man and old May and Knight I can trust with any thing they are true Cocks of the Game and old Sports-men Then said I I suppose they know your Design Yes says he they do and if it were a thing of ten times the Consequence they should know it Upon this the Carpenter came to me and said If you do not go down I will knock you on the Head And as I was going down I met with W. May the Prisoner at the Barr. What do you do here Says he I made him no Answer but went down to my Cabin and he said God damn you you deserve to be shot through the Head and he then held a Pistol to my Head Then I went to my Cabin and presently came orders from Every that those that would go ashore should prepare to be gone And when the Captain was got out of Bed who was then very ill of a Feaver Every came and said I am a Man of Fortune and must seek my Fortune Says Cap. Gibson I am sorry this happens at this time Says he if you will go in the Ship you shall still command her No says Cap. Gibson I never thought you would have served me so who have been kind to all of you And to go on a design against my Owners orders I will not do it Then says Every prepare to go ashore Upon which the Captain and several others of us went into the Boat When we were by the Ships side I heard them order the Doctor to be secured but if there was any more would go into the Boat they might And we came into the Boat to the Number of Sixteen And they gave us four Oars in the Pinnace and set us a drift L. C. I. Holt. Where did he set you D. Creagh He set us aboard the Iames my Lord. L. C. I. Holt. That is you were turned off from this expedition D. Creagh Yes my Lord. Mr. Coniers Was there any room for more in the Boat D. Creagh Yes there was L. C. I. Holt. Was there liberty for any more to go D. Creagh Yes my Lord. Mr. Soll. Gen. What do you know of the Prisoners at the Barr D. Creagh I know only W. May. Mr. Cowper What time past from the coming of the Boat to the time of your going off D. Creagh About two hours Sir Mr. Cowper Was there any Guns fired in that time D. Creagh Yes Sir one or two from the Iames by Cap. Humphreys Mr. Cowper Was this done in the Ship with silence Or was there any uproar or opposition D. Creagh No there could be no opposition For the Men came from the whole Squadron and came upon us and surprized us being assisted by those that belonged to the Charles Mr. Cowper But did no body make opposition to their going Did not Cap. Gibson D. Creagh No Cap. Gibson could not being Sick L. C. I. Holt. But he went ashore D. Creagh Yes my Lord. L. C. I. Holt. Was any body stopt that would go D. Creagh No my Lord none but the Doctor Mr. Soll. Gen. Now call Io. Dan Who appeared and was Sworn Mr. Coniers What Ship were you aboard of at the Groin I. Dan. The Charles the Second Mr. Coniers Now pray give my Lord and the Jury an Account what you know of the taking away of the Ship Charles the Second and what past there I. Dan. Yes Sir VVe came to the Groin and had been there about three or four Months and we had been about eight Months out of England and we lay for our VVages and there was no VVages to be got But in as much as we wanted VVages Every and several others contrived to carry this Ship away So that Night which was Sunday they went ashore and when they came aboard again made some Men Privy to it whom I know not And the Monday follovving I think the Packet vvent out in the Morning and the Night being fair was ordered to give notice And they came to the Dove and about Nine or Ten her Boat broke off and she haled us For they told Cap. Humphreys they vvere coming to run avvay vvith our Ship So he hales the Iames. And presently some of the Officers came and ordered their Pinnace to be mann'd and it was so And when they gave this order there was Every and 25 or 26 Men. And as they came aboard our Cables were cut and ready to go And coming under the Castle we cut all the Boats but two and stood out to Sea about two or three Leagues And there Every went to Cap. Gibson and as they said to ask him if he would go with them or not He said no. Then he said he must prepare to go ashore and he did so and several others with him And the word was given about that they that would go ashore might go but whether these Men heard it or no I cannot tell and no Mans Name was mentioned to be stopt but the Doctor And when they went away they cry'd there was water in the Boat and they desired a Bucket of us to heave it over and we gave them one and away they went I think about 15 of them and no more did offer to go as I saw nor did I see any hinder any that would go And afterwards they that went off went about their Business and we about our Business And we came to the Isle of May and Victual'd our selves there And there we met with three English Ships out of which we took some necessarys for our selves and among the rest several Men nine Men we took out of them Mr. Soll. Gen. Were the Prisoners at the Barr in the
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
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
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