Appendix B
High Court of Admiralty Record of the Trial for Piracy and Murder
Southwark, June 10, 1682
Translation from the Latin by Professor A. Kiralfy
Indictment against Sharp, Cox, and Williams (PRO, HCA 1/11, 101)
The jurors for our lord the King present on their oaths that Bartholomew Sharpe, lately of the parish of Stepney in the county of Middlesex, seaman; John Cox, lately of the parish of St. Paul Shadwell in the county of Middlesex, seaman; and William Williams, lately of the parish of St. Paul Shadwell aforesaid, seaman, on the 20th day of May[1] in the 32nd year of the reign of our lord King Charles II, by the grace of God King of England, Scotland, France, and Ireland, Defender &c., did with force and arms on the high seas in a certain place about six leagues distant from a certain cape commonly called Cape Passado in the West Indies and within the jurisdiction of the Admiral of England, piratically and feloniously invade, board, break, and enter a certain ship called "Le Rosario," of which John Lopez was then and there captain; and did then and there piratically and feloniously assault the said John Lopez, the captain aforesaid, and certain seamen being then in the same ship in treaty and friendship of the said lord our present King; and did piratically and feloniously put the aforesaid John Lopez, the captain, and the said seamen of the said ship in bodily fear of their lives then and there in the said ship on the said high seas in the said place about six leagues distant from the said cape called Cape Passado in the West Indies and within the aforesaid jurisdiction; and did piratically and feloniously steal, take, and carry away from the said John Lopez, captain, and the said seamen and from their custody and possession then and there on the said high seas in the said place about six leagues distant from the cape called Cape Passado aforesaid 40 lb. weight of sea bread worth 50 shillings in lawful English money, a hamper of potatoes worth 5 shillings, 500 great bottles of Nasta wine worth £200 in lawful English money, and two sails for a ship worth £6 in lawful English money, being goods and chattels of certain persons not known to the aforesaid jurors, being then and there in the treaty and friendship of our lord the King on the said high seas in the said place six leagues distant from the cape called Cape Passado and within the said jurisdiction in the said ship in the custody and possession of the said John Lopez, captain of the said ship, and of the said seamen being in the same, against the peace of our lord the present King, his Crown and dignity.
Further Indictment against Sharp, Cox, and Williams (PRO, HCA 1/11, 102)
The jurors for our lord the King present on their oaths that Bartholomew Sharpe, lately of the parish of Step-hey in the county of Middlesex, seaman; John Cox, lately of the parish of St. Paul Shadwell in the county of Middlesex, seaman; and William Williams, lately of the parish of St. Paul Shadwell aforesaid in the aforesaid county, seaman, on the 20th day of May in the 32nd year of the reign of our lord Charles II, by the grace of God King of England, Scotland, France, and Ireland, Defender of the Faith, on the high seas, in a certain place about six leagues distant from a certain cape commonly
[1] According to the English journals, the actual date of the Rosarto 's capture was July 29. 1681 (O.S.) (see Introduction, p. 21). It seems likely that this was a simple error in the court proceedings and that there was no darker significance.
called Cape Passado in the West Indies, and within the jurisdiction of the Admiral of England in a certain warship called "Le Trinidad," of which the said Bartholomew Sharpe was then Captain, with force and arms then and there feloniously, wilfully, and with malice aforethought navigate and approach a certain ship called "Le Rosario" of which John Lopez was then captain and belonging to subjects [of] the most Serene [?] King of Spain now in the treaty and friendship of our present King, on the said sea and within the said jurisdiction, in and with the said warship.
And that the aforesaid Bartholomew Sharpe, John Cox, and William Williams did then and there feloniously, wilfully, and with malice aforethought assault the said John Lopez being then and there on the said ship called "Le Rosario" in the treaty and friendship of our said lord the King and in the peace of God and of the said lord the King, and that the aforesaid Bartholomew Sharpe did then and there explode and discharge a certain musket worth 10 shillings in the said warship and loaded with gunpowder and leaden shot (which same musket the same Bartholomew Sharpe then and there had and held in both his hands) at the said John Lopez.
And that the said Bartholomew Sharpe then and there did, by the force emitted by the powder aforesaid with the said shot from the said musket, feloniously, wilfully, and with malice aforethought wound the said John Lopez in and on the left side of his body, near his left nipple, causing the said Lopez with the said shot, discharged as aforesaid, a mortal wound one inch wide and four inches deep, in and on the left side of his body, near the said left nipple, of which said mortal wound the said John Lopez then and there died, on the said ship called "Le Rosario" on the high seas in the said place about six leagues distant from the said cape called Cape Passado in the West Indies and within the aforesaid jurisdiction.
And that the aforesaid John Cox and William Williams at the time of the aforesaid felony and murder feloniously and wilfully and with malice aforethought committed and perpetrated by the said Bartholomew Sharpe in the manner and form aforesaid were feloniously, wilfully, and with malice aforethought present, aiding, abetting, comforting, assisting, and maintaining the said Bartholomew Sharpe to do and perpetrate the said felony and murder feloniously, wilfully, and with malice aforethought.
And so the jurors say on their said oaths that the said Bartholomew Sharpe, John Cox, and William Williams feloniously, wilfully, and with malice aforethought killed and murdered the said John Lopez on the high seas, in the aforesaid place distant six leagues from the cape called Cape Passado in the West Indies and within the jurisdiction of the Admiralty of England in the manner and form aforesaid, against the peace of our lord the King, his Crown and dignity.
Counts of the Indictment at the Trial (PRO, HCA, 104)
At a session of Oyer and Terminer[2] and Gaol Delivery of the Admiralty of England held at New Hall in Southwark in the county of Surrey, on Saturday the 10th day of June in the 34th year of King Charles II of England, before Sir Thomas Exton, LL.D., Sir Robert Holmes, Sir James Smith, Sir John Narborough, Sir Richard Haddock, Sir John Wetwang, Stephen Brice, LL.D., Sir Richard Raines, Sir James Butler, the Queen's attorney, and Sir John Berry:
Counts against Sharp, Cox, and Williams (PRO, HCA, 1/11, 104)
1. for piratically and feloniously stealing a certain ship called "Le Trinidad" and its equipment and fittings;
2. for piratically and feloniously breaking and entering the ship called "Le St Pedro" (of which J Ortez de Ganbon[?] was master) and putting the master and seamen in bodily fear, and stealing goods of great value from it;
3. for piratically and feloniously entering a boat called "the little St John boat" (of which Diego Pablo was master) and putting master and seamen in bodily fear, and stealing goods of great valise from it;
4. for piratically and feloniously breaking and entering a ship called "Le Rosario" (of which John Lopez was master) and putting master and seamen in bodily fear, and stealing goods of great value from it;
5. for the murder of the said John Lopez, master of the said ship called "Le Rosario."
[2] Literally, "to hear and determine": an assize sitting with a petty jury after the hearing of a grand jury.
Verdicts (PRO, HCA, 1/11, 105)
Session of Oyer and Terminer and Gaol Delivery of our lord the King for the Admiralty of England at New Hall in the parish of St. George in Southwark in the county of Surrey on Saturday, June 10, in the 34th year of King Charles II of England.
Bartholomew Sharpe, John Cox, and William Williams were severally acquitted of several felonies, piracies, and murder and released. Fee—8s 4d each. The court was adjourned to Monday, June 26 [1682] at the Hall of the Lords of the Admiralty at 2 p.m.