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A63339 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. 1681 (1681) Wing T2393; ESTC R6086 2,070 4

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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 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 151612 l. 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 151612 l. 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 3 d. 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 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 1 st 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 8 th 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. London Printed in the Year 1681.