STAC 5/A5/8

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STAC 5/A5/8 - B - Mich 29/30 Eliz - Maritime - AG v Edward Fowle, William Woodwarde, Richard Blower, Alexander Skynner, William Monke STAC Fowles

Transcribed by Helen Good

Showeth and enformeth your most excellent Majestie John Popham Esquire your Majesty Attorney general That whereas Diggorye Pyper late of Lawnson in the Countye of Cornewyle gent and Captayne of a certeyne ship called the Sweepestake of the Porte of London Rycharde Lodges of Colchester in the County of Essex Maryner Master of the sayde shipp and William Warefeild of Bristoll goonner with dyvers other unknown persons in or near abowte the moneth of January in the eighte and twenteth yeare of your Majesties Raigne beinge uppon the Seas in the sayde shipp neare unto a place called the Haye [ ] within the Jurisdiction of the of the Admiraltye of Englande dyd feloniuslye as pyrates sett uppon a danyshe shipp called the Aungell And then and there dyd feloniuslye and pyratelyke robbe and take away from the Marchauntes Master and Maryners of the sayde shipp called the Aungell beinge Danes subjectes to the kinge of Denmarke whoe then was and styll ys in leage and Amytye with your Majesty all such wares goods and marchandizes as they then hadd in the same shipp called the Aungell And allso dyd then and there feloniouslye murder three of the danyshe Maryners of the same shipp And whereas also the said Dyggorye Pyper and the rest of the sayde Pyrates his confederates afterwardes that ys to saye in or neare abowte the moneth of Aprell in the sayde xxviijth yeare of your Majesties Raigne beinge uppon the seas in the said ship called Sweepstake neare uppon the Costes of Fraunce dyd feloniouslye and pyratelike sett uppon twoo frenche shippes called the Marye of Feckam [Fécamp] & the Jaques of St Valerye beinge laden with salt and other goods & marchandizes An then & there dyd robb & felonioslye take awaye from the Marchauntes Master & Maryners of the sayde shipp called the Marye of Feckam & the Jaques of St Valerye beinge Frenchmen and subjects to the French king then and yeat in leage & amytye with your Majestie all suche goodes wares & Marchandizes as were in the same shippes For which severall felonyes pyraces & murder the sayd Dyggorye Pyper Rychard Hodges & William Warefeild were by fower severall indyctments indicted accordinge to the lawes statutes & ordinances of this your highnes Realme of England unto which indyctments they & everye of them pleaded not guilty. Whereupon abowte the thirde daye of october in the xxviij th yeare of your Majesties Raigne the sayde Dyggorye Pyper Rycharde Hodges & william warefeild were by vertue of your Majestes Commyssyon in that behalfe awarded arraigned before Julius Cesar doctor of the Cyvill lawe and Judge of the High Courte of Admiraltye & other of your Majesties Commyssioners by the same Commyssion assigned uppon one of the sayde indyctment for & concerninge the said felony & pyracye commyted uppon the sayd danyshe shipp called the Aungell where unto they & every of them pleaded severally not guylty & putt themselves to theire tryall by the Countrye accordinge to the lawes and statutes of this Realme And for the tryall thereof there were then & there lawfully ympannelled retorned tried and sworne theise Jurors followinge viz Edwarde Fowle wyllyam woodwarde Rycharde Blower Alexander Skynner William Monucke John Selbye Roberte warde william Barrett John Anwycke Anthonye Collyer Thomas Corslett John Lande att which tyme verye good playne & pregnant evidence & matter was delivered unto the same Jurors so sworn as aforesaid as well by the offerdors own Confessions as otherwise for the proving of the sayde Dyggory Pyper Rychard Hodges and william warefeilde & everye of them to be guilty of the same felony and piracy whereof they so stoode indycted and were there arraygned All which notwithstandinge and allthoughe yt was then allso playnely affyrmed & signified by the sayde Judge of the Admiralty and Dr Lloyde unto the sayde Jurye That the evidence geven and the Confessions of the offendors themselves was verye playne to prove them & everye of them to be guyltye of the same offence whereof they then stood indycted & arraigned And that whatsoever hadd bene uttered by the offendors or anye others in theire excuse that the same coulde not in anye wise excuse them or anye of them of the felony and pyracye so layd to theire charge dymynishe theire sayde offence Yet so yt ys yf yt shall please your most excellent Majestie That the sayde Edwarde Fowle william woodwarde Rycharde Blower Alexander Skynner William Monucke John Selbye Robert Warde william Barrett John Anwycke Anthonye Collyer Thomas Corslett and John lande not havinge the feare of god before theire eyes nor yet regardinge theire othes taken as aforesayde nor your Majesty's laws and ordinances provided and ordeyned for the punnyshment of perjurye dyd contrarye to the evidence & proofes unto them delivered as aforesayde And contrarye to the playne declaracion & direccion of the sayde Judge of the Admyralty and Dr Lloyde as aforesaid then and there cleare and acquyte the sayde Dyggorye Pyper Richarde Hodges and William Warefeilde and everye of them of and for the same felonye & pyracye whereof they then stoode indycted and arraigned And found that they were thereof not guyltye Wherein the sayde Edward Fowle William Woodwarde Rychard Blower Alexander Skynner William Monucke John Selbye Roberte warde william Barrett John Anwycke Anthony Collyer Thomas Corslett and John Lande and everye of them most wickedly willfully and wittingly have contrarye to your Majestes sayd lawes & ordynances in suche cases provided Commytted willfull perjurye And further wherer the sayde Dyggorye Pyper Rycharde Hodges & William Warefeilde in or neare abowte the fowerteenth daye of August last past were lykewyse arraygned before the sayde Commissioners of the said Commission upon the three other indyctmentes aforesayde for and concerninge the sayde murder commytted by them uppon the sayde three danes in the sayde shippe called the Aungell And allso for & concerning the sayde felonyes and pyracyes committed by the same Dyggorye Pyper Richarde Hodges & William Warefeilde and theire confederates uppon the said twoo frenche shippes called the Marye of Feckam and the James of St Valerye And pleaded thereunto not guyltye And putt themselves uppon the tryall thereof by the Countrie for the tryall whereof there were then and there ympannelled retorned tryed and sworne theise twelve Jurors following viz William Edwards Henrye Pyke Edwarde Fowle Roberte Feltham Benjamyn Leeche Wyllyam Hobson John Drewe Alexander Skynner John Anwycke John Selbye Robert Gaynesforde & Roberte Swanne Att which tyme verye good and pregnant matter was delyvered unto the sayde Jurors by the othe and testimonye of fower good and lawfull wytnesses besydes sondrye other evydences and proofes and theire owne severall examinations and confessions to prove the sayde Dyggorye Pyper Richarde Hodges & Wyllyam warefeild and everye of them guyltye not onely of the sayde murther comytted uppon the sayde Danes as aforesaid But allso of the sayd severall pyracies and felonyes by them commytted uppon the sayde Frenchmen as ys aforesayde for which they then stoode indycted and arraygned as aforesayde which notwithstandinge And although the said Judge of the Admiralty affyrmed unto the same Jurors allso that the evydence and proofes agaynst the same Dyggorye Pyper rycharde Hodges & Wyllyam Warefeild were very pregnant and plain to prove the same offendors and everye of them guyltye of the murder felonyes and pyracyes whereof they then stoode indycted and arratgned And that whatsoever was sayde in the excuse of the same offendors coulde in no wise excuse or discharge them by the lawe Yet all the same notwithstanthey the said Wyllyam Edwardes Henrye Pyke Edward Fowle Robert Feltham Benjamyn Leeche William Holson John Drewe Alexander Skynner John Anwycke John Selbye Roberte gaynford & Roberte Swann not havinfe the feare of god befre theire eyes nor yet regardinge theire othes taken as aforesayde nor your majestes Lawes and ordynances provyded and ordayned for the punnyshment of perjurye dyd contrarye to the evidence and proofes unto them delyvered as aforesayde and contrarye to the playne declaration and direccion of the sayde Judge of the Admiralty as aforesaid then and there cleare and acquyte the sayde Dyggorye Pyper Rycharde Hodges and Wyllyam Warefeilde and everye of them of and for the same murder and severall felonies & pyracies whereof they then stood indicted and arraygned And fownde that they were thereof not guyltye herein the sayde Wyllyam Edwardes Henrye Pyke Edwarde Fowle Roberte Feltham Benjamyn Leech William Hobson John Drew Alexander Skynner John Anwycke John Selbye Roberte Gayneforde & Roberte Swann and everye of them most wyckedly wyllfully & wyttynglt have contrary to Your Majesty's said laws and ordinances in suche cases provided commytted the willfull perjurye In consideracion whereof And for that suche willfull perjuryes maye not escape unpunnyshed But that the offenders therein may condignely receave punnyshment for theire sayde offences whereby others maye be restrayned from commyttinge the like Maye yt please your most excellent Majestie to grant that your most gracious severall wryttes of Subpoenas maye be dyrected owt of your Majestes Highe Courte of Starr Chamber unto the sayde Edwarde Fowle wyllyam Woodwarde Rycharde Blower Alexander Skynner Wyllyam Monuck John Selbye Robert Warde William Barrett John Anwycke Anthonye Collyer Thomas Corslett John Lande Wyllyam Edwards Henrye Pyke Roberte Feltham Benjamyn Leeche William Hobson John Drewe Robert Gaynsforde and Robert Swann and everye of them Commaundinge them and everye of thereby under a payne personally to appeare before your Majestes most honorable pryvye Councell in the same Courte at a certain day then and there to Awnswere the premisses And further to stande & abyde suche order dyreccion and Judgement there as to your Majesties sayde Councell shall be thought to stand with equity and Justice.