page_title: Henry Every
section_title: British Isles
hierarchical_section_title: Henry Every / Fate of Avery's crew / British Isles
caption_attribution_description: English: The title page of The Tryals of Joseph Dawson, Edward Forseith, William May, William Bishop, James Lewis, and John Sparkes (London: Everingham, 1696) This report was issued following the trial of some of pirate Henry Every's captured crewmembers by the High Court of Admiralty. The 28-page report was released as a folio pamphlet. It is available at the Library of Congress.
context_page_description: Henry Every, also known as Henry Avery, sometimes erroneously given as Jack Avery or John Avery, was an English pirate who operated in the Atlantic and Indian oceans in the mid-1690s. He probably used several aliases throughout his career, including Benjamin Bridgeman, and was known as Long Ben to his crewmen and associates.
  Dubbed "The Arch Pirate" and "The King of Pirates" by contemporaries, Every was infamous for being one of few major pirate captains to escape with his loot without being arrested or killed in battle, and for being the perpetrator of what has been called the most profitable act of piracy in history. Although Every's career as a pirate lasted only two years, his exploits captured the public's imagination, inspired others to take up piracy, and spawned works of literature.
  Every began his pirate career while he was first mate aboard the warship Charles II. As the ship lay anchored in the northern Spanish harbour of Corunna, the crew grew discontented as Spain failed to deliver a letter of marque and Charles II's owners failed to pay their wages, and they mutinied. Charles II was renamed the Fancy and Every elected as the new captain.
context_section_description: John Dann (Every's coxswain) born in East Hoathly, Sussex, was arrested on 30 July 1696 for suspected piracy at the Bull Hotel, a coaching inn on the High Street of Rochester, Kent. He had sewn £1,045 in gold sequins and ten English guineas into his waistcoat, which was discovered by his chambermaid, who subsequently reported the discovery to the town's mayor, collecting a reward in the process. In order to avoid the possibility of execution, on 3 August Dann agreed to testify against other captured members of Every's crew, joining Middleton, who had given himself up to authorities a few weeks prior. Soon after, twenty-four of Every's men had been rounded up, some having been reported to authorities by jewelers and goldsmiths after trying to sell their treasure. In the next several months, fifteen of the pirates were brought to trial and six were convicted. As piracy was a capital crime, and the death penalty could be handed down only if there were eyewitnesses, the testimony of Dann and Middleton was crucial.
  The six defendants—Joseph Dawson, 39 years old, from Yarmouth; Edward Forseith, 45, Newcastle upon Tyne; William May, 48, London; William Bishop, 20, Devon; James Lewis, 25, London; and John Sparkes, 19, London—were indicted on charges of committing piracy on Ganj-i-Sawai, with the trial commencing on 19 October 1696 at the Old Bailey. The government assembled the most prominent judges in the country to attend the trial, consisting of presiding judge Sir Charles Hedges, Lieutenant of the High Court of Admiralty; Sir John Holt, Chief Justice of the King's Bench; Sir George Treby, Chief Justice of the Common Pleas; and six other prominent judges. Other than Joseph Dawson, all the pirates pleaded not guilty.
  
  One of the witnesses against the accused mutineers was David Creagh, second officer of Charles II. He testified that after refusing to participate in the mutiny—the only officer to do so—he was ordered to return below deck. On the way to his cabin, Creagh encountered May, Captain Gibson's former steward. May, described by Every as one of the "true cocks of the game, and old sportsmen," was zealously supportive of the mutiny, and Creagh testified of their bone-chilling exchange:
  I met with W. May, the Prisoner at the Bar. What do you say 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.
  Despite considerable pressure on the jury to find the defendants guilty, with Judge Advocate of the Admiralty Sir Dr Thomas Newton reminding the jury that the consequences of an acquittal would be "the total loss of the Indian trade, and thereby the impoverishment of this kingdom," the jury passed a verdict of not guilty.
  The shocked court rushed through another indictment, and twelve days later the pirates were tried on a different set of charges, this time on account of conspiring to steal Charles II with piratical intent. Although legally dubious today, the 17th century court assumed the defendants had the legal burden of proving themselves innocent of mutiny, having been found aboard "a ship...run away with." As before, the court continually impressed the need for the pirates' conviction. Judge Hedges condemned the "dishonorable" former jury and instructed their successors to act with "a true English spirit" by passing a conviction, repeatedly reminding them to "support...the navigation, trade, wealth, strength, reputation, and glory of this nation." When the guilty verdict was read aloud in court soon after, no one could have been surprised.
  The pirates were given their last chance to show why they should be spared execution, with most simply claiming ignorance and pleading for mercy. May argued that, being "a very sickly man," he had "never act
caption: The title page of the report issued in 1696 by the High Court of Admiralty following the trial of Every's crew
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