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, Jo∣seph Bullivant, Joh. Baxter, Francis Wansell, Fran∣cis 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 graci∣ously 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 reparati∣on made or alotted to the aforesaid Mr. Carew, and others claiming under the said Sir William Courten, and Sir Paul Pyndar. Wherefore, and in pursu∣ance 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 Ho∣nourable 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

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 Coun∣cil, all Committed to the Marshalseas Prison in Southwark, from whence they were brought to Tryal. Upon which Mr. Carew, and the rest of the Pro∣prietors 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 Han∣ged, notwithstanding their Actings were by Virtue of the said Letters Pa∣tents.

His Majesty was gratiously pleased at the special instance and pressure of the Dutch Ambassador, &c. to grant a special Commission out of the Admi∣ralty to Try the aforesaid Captain Crompton Guyther, Wil.Coals, Joseph Balli∣vant, 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 ac∣cordingly on Fryday the 17. Febr. were brought to their Tryal at the Mar∣sh••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 allow∣ed 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 par∣ticularly that particular which made null and void those Letters of Repri∣sal.

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 where∣of 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 ac∣cordingly.

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.