A true account of the proceedings, at the tryal held at the Marshalseas, on Friday the 17th of this instant February, 1680 by vertue of a special commission granted by the King, out of the admiralty, for trying of Captain Crompton Guyther, and 7 of his men, viz. William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Jones, piracy by them committed on a ship belonging to the Dutch, on the 3d. of December last, who were all taken and pinioned together, and brought before the King and Council, who committed them to the Marshalseas.

A true account of the proceedings, at the tryal held at the Marshalseas, on Friday the 17th of this instant February, 1680 by vertue of a special commission granted by the King, out of the admiralty, for trying of Captain Crompton Guyther, and 7 of his men, viz. William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Jones, piracy by them committed on a ship belonging to the Dutch, on the 3d. of December last, who were all taken and pinioned together, and brought before the King and Council, who committed them to the Marshalseas.

A true account of the proceedings, at the tryal held at the Marshalseas, on Friday the 17th of this instant February, 1680 by vertue of a special commission granted by the King, out of the admiralty, for trying of Captain Crompton Guyther, and 7 of his men, viz. William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Jones, piracy by them committed on a ship belonging to the Dutch, on the 3d. of December last, who were all taken and pinioned together, and brought before the King and Council, who committed them to the Marshalseas.

Table of contents

A True Account of the Proceedings AT THE TRYAL

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A True Account of the Proceedings AT THE TRYAL

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Held at the MARSHALSEAS, on Friday the 17th. of this instant February, 1680. by vertue of a ſpecial Commiſſion Granted by the King, out of the Admiralty, for Trying of Captain Crompton Guyther, and 7 of his Men, viz. William Coles, Joſeph Bullivant, Joh. Baxter, Francis Wanſell, Francis Martyn, John Gibſon and William Jones, for Piracy by them committed on a Ship belonging to the Dutch, on the 3d. of December last, who were all taken and Pinioned together, and brought before the King and Council, who committed them to the Marſhalſeas.

THere being a Debt of 151612l. agreed on, and ſtated by the King and Council, to be due to the Adminiſtrators of Sir William Courten, and Sir Paul Pyndar, for Damages done unto them by the Dutch, on 2 Engliſh Ships, Trading to the Eaſt-Indies; His Majeſty was graciouſly pleaſed to Grant unto Geo. Carew, Merchant and Adminiſtrator unto the ſaid Sir William Courten, and Sir Paul Pyndar, Letters of Repriſals, on the 19th▪ of May, in the 17th. Year of His Majeſties Reign, cauſing them to be made Patents, and were paſſed under the Great Seal of England▪ to remain effectual in Law, until the Summ of 151612l. before agreed on, and ſtated by His Maſty and Council, ſhall be reprized and ſatisfied.

In the year 1667, a Peace was concluded at Breda, betwixt England and Holland, &c. wherein was an Article incerted generally▪ That all Actions and Pretenſions whatſoever, on either ſide; ſhould by virtue of that Peace be obliterated, diſanull'd, and made void, wherein alſo Letters of Mart, and Reprizals were comprehended.

In the year 1672, a new War commenced between England and Holland, and in the year 1674 a common Alliance was concluded, but no reparation made or alotted to the aforeſaid Mr. Carew, and others claiming under the ſaid Sir William Courten, and Sir Paul Pyndar. Wherefore, and in purſuance of His Majeſties gracious Letters Patents of Reprizal, Carew, &c. did in April, 1680, fit out to Sea▪ Veſſels▪ to reprize what they could, towards ſatisfaction of the Debt before mentioned; But His Majeſties moſt Honourable Privy Council ſent Orders to the Admiralty, to ſtop all ſuch Ships and Men. And His Majeſty did then alſo in Council, by way of Superſedeas revoke the ſaid Letters Patents, and Iſſued forth Proclamation accordingly.

Notwithſtanding which, Capt. Guyther in the Ship Bona adventure, put to Sea; and did on or about the 3d. of December following, ſeize a Galliot Hoy, being called the Love of Rotterdam, loaden with Wine and Pruans, bound from Bourdeaux to Dort. Guyther being at Anchor in Cowes Road with the Prize; Daniel Gyles, Marſhal of the Admiralty, retook the ſaid Veſſel from [Page] Captain Guyther, together with the Commiſſion or Deputation which he had from Mr. Carew, and brought him with his men Pinnioned together as Pirates to London, who were on the 1ſt. Jan. following by Warrant of Council, all Committed to the Marſhalſeas Priſon in Southwark, from whence they were brought to Tryal. Upon which Mr. Carew, and the reſt of the Proprietors Arreſted the ſaid Daniel Gyles, for taking this Galliot Hoy from Captain Guyther in ſo Arbitrary a manner, and without any Legal Warrant for his ſo doing: But the Judges of the Kings-Bench diſcharged Gyles on Common Bail, and Prejudged that the Captain and his Men ſhould be Hanged, notwithſtanding their Actings were by Virtue of the ſaid Letters Patents.

His Majeſty was gratiouſly pleaſed at the ſpecial inſtance and preſſure of the Dutch Ambaſſador, &c. to grant a ſpecial Commiſſion out of the Admiralty to Try the aforeſaid Captain Crompton Guyther, Wil.Coals, Joſeph Ballivant, John Baxter, Francis Wanſel, Francis Martyn, John G [...]bſon, and W [...]l. Jones, for their Lives, both for Fellony and Piracy upon the Statute of the 28th of Henry the 8th. cap. 15. Thereby conſtituting about 60 Judges and accordingly on Fryday the 17. Febr. were brought to their Tryal at the Marſh [...]lseas, where were at leaſt 20 Judges on the B [...]nch.

Sir Liolin Jenkins being Judge of the Admiralty opened the Cauſe, and did in a very Learned Speech ſet forth the miſcheviouſneſs of the Fact, and how that ſuch Actions if ſuffered might involve the Nation in another War, &c. Great were the debates whether the Priſoners ſhould be allowed Council, which at laſt was granted them. The Witneſſes were produced, but they pleaded Juſtification, and Mr. Carew produced his Majeſties Letters Patents of Reprizal▪ which though very long and tedious was Read and proved very Ample and Circumſtantial: On the other hand his Majeſties Superſedias under the Great Seal, was produced and read, together with his Majeſties Proclamation which did poſitively prohibit and forbid the ſaid Carew from any Actings by virtue of the ſaid Letters of Reprizals, as alſo the Articles of Alliance between his Majeſty and the States General, and particularly that particular which made null and void thoſe Letters of Repriſal.

Great and tedious were the Debates on both ſides for it held from ten in the Forenoon till about four in the Afternoon, and the the Matter ſeem'd to go hard againſt the Priſoners: But Judge Charlton turnd the Scale by ſaying, That they did it not with a Fellonious intent, but by Warrant, and after they had taken the Ship, they treated the men thereof civilly, and ſet them on ſhore, and came into harbor: And therefore, he thought them not guilty of the Felony and Piracy whereof they ſtood indicted: And declared, That he would waſh his hands from their Bloud. Many particulars there were too teadious here to inſert: Upon which the Jury withdrew, and brought them in Not Guilty both of the Felony and Piracy. And they were diſcharged accordingly.

Notwithſtanding which, The whole Court were of Opinion, That Mr. Carew's Commiſſion was Void in Law, and would therefore have taken it from him. But Sir George Tr [...]by Recorder of London oppos▪d the ſame, ſaying, that ſince they were trying Men for Depredations, they ought not to practiſe it themſelves. But they bound Mr Carew to anſwer the ſame at the Kings-Bench Bar.

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London, Printed in the Year 1681.

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Information about this book

Title statement

A true account of the proceedings, at the tryal held at the Marshalseas, on Friday the 17th of this instant February, 1680 by vertue of a special commission granted by the King, out of the admiralty, for trying of Captain Crompton Guyther, and 7 of his men, viz. William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Jones, piracy by them committed on a ship belonging to the Dutch, on the 3d. of December last, who were all taken and pinioned together, and brought before the King and Council, who committed them to the Marshalseas.

Edition statement

1681

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Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2006-06 (EEBO-TCP Phase 1).

ID [DLPS]

A63339

ID [STC]

Wing T2393

ID [STC]

ESTC R6086

ID [EEBO-CITATION]

11965029

ID [OCLC]

ocm 11965029

ID [VID]

51682

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Early English books online.

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(EEBO-TCP ; phase 1, no. A63339)

Transcribed from: (Early English Books Online ; image set 51682)

Images scanned from microfilm: (Early English books, 1641-1700 ; 519:30)

Source

— A true account of the proceedings, at the tryal held at the Marshalseas, on Friday the 17th of this instant February, 1680 by vertue of a special commission granted by the King, out of the admiralty, for trying of Captain Crompton Guyther, and 7 of his men, viz. William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Coles, Joseph Bullivant, Joh. Baxter, Francis Wansell, Francis Martyn, John Gibson and William Jones, piracy by them committed on a ship belonging to the Dutch, on the 3d. of December last, who were all taken and pinioned together, and brought before the King and Council, who committed them to the Marshalseas.,

Extent

1 sheet ([2] p.)

[s.n.],. London :: 1681.. (Caption title.) (Broadside.) (Reproduction of original in University of Pennsylvania Library.)

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