THERE being present the Honourable Sir Charles Hedges Knight, Judge of the High Court of Admira [...]ty, Sir Littleton Powys. one of the Barons of the Exche­quer; together with the several Doctors of the Civil Law, and other Persons Commissionated on that Occasion, Mr. Checke, Marshal of the Court, carrying a Silver Oar before the Judge into the B [...]dy of the Court; and the Court being Sat, P [...]oclamation was made for Silence, the Grand Jury was Sworn to Enquire for our Sovereign Lord the King.

After which, a Charge was given by the Judge of the Court, and the Gentlemen of the Grand Jury withdrew, and after some time returned, and presented to the Court the following hills. First, Agai [...]st Edward Lyre and John Oldfield, for High-Treason, in Ad­hering to the French King. The Second against David Evans and Henry Adams, for Felony and Piracy, in taking the Ship Gunsway, in the East-Indies; but Henry Adams having m [...]de his Escape out of Worcester Goal, is not y [...]t re-taken. The Third against Francisco Martin, for Piracy and Felony, in taking a Ship called the Loving Land, near the Island of Salitudo [...] in the West-Indies: But he being upon Bail, and it being represented to the Court that the said Ma [...]in being upon his Voy [...]ge for England, was taken by the French, and detained as Prisoner, the Court ordered the Continuance of his Bail for some time longer.

Rand. Pye, was also Indicted for the Murther of one Thomas Lyddal, near Martegon in the East-Indies, but was brought in Ignoramus by the Grand Jury, and he Acquitted in Court. After wh [...]ch the Court Adjourned until Monday July the 12th,

Monday, July the 12th. 1697. This Day the Court being Sat, according to the former Adjournment, the Grand Jury found a bill against [...]onathan Bear; for High-Treason, after which the Petty Jury was called and Impannelled, and David Evans was called to the Bar and his Indictment being Read, set forth, That he, with several other Persons, did Fel­loniously and Pyratically seize and carry away the Ship called the Gunsway, her Furniture and Tackle to the Value of a Thousand Pounds, and Goods to the Value of 110 Pounds, and 100000 Pieces of Silver called Peices of Eight, to the Value of Twenty two Thousand Pounds, and 100000 Pieces of Gold called Chequins, to the Value of 40000 Pounds, being the Gords, Chattles, and Monies of certain Persons unknown, upon the High Seats, within Ten Leagues of the Cape of St. John, near Su [...]a [...]t in the East-Indies, &c. Then Philip Mill [...]ton, and Evidence for the King, being Sworn, Deposed, That Every being at the Isle of May, and wanting Men, having only about 80 on Board, the Ship being of 500. [Page 2] Tuns and 46 Guns, did force David Evans on Board, as also Eight other Persons, and from thence went to Guinny, and then to the Island of Princess, and then to the Red Sea: where they waited for the Mecho Fleet, and afterwards met with the Gunsway, and after two Hours Fight, took her: But it appearing to the Jury that he was forced away against his Will, and that he afterwards desired one Edwards and one Adams to speak to Eve [...]y to set him on Shore on the Island of Princess: and that it appeared he was only at Every's Prisoner; They found him not Guilty.

Then Edward Lyne and John Oldfield was Indicted for High Treason, but it Appearing to the Court, that the Commission that Gerrard Badford, and the Prisoners Lyre and Oldfield had, was not a true one; but was the Commission of one John Closs, and only a pretended Assignment to Gerrard Badford, the Jury acquitted them of the Indictment; and a new In­dictment was drawn up against Gerrard Badford, Edward Lyne, and John Oldfield, for Pi­racy and Fellony: Then the Court Adjourned until the Afternoon, at which time being sat: The Gentlemen of the Grand Jury found the Bill:

Then Gerrard Badford, Edward Lyne, and John Oldfield were set to the Bar, and the Gen­tlemen of the Jury were Sworn as follow, viz.

• Nathaniel Long,
• John Child,
• Edward Leach,
• Tho. Clarke,
• Nath. Greene,
• Henry Sherbrooke,
• Richard Greenway,
• John Sherbrooke,
• Thomas Emmes,
• Roger Mott,
• John Hedges,
• John James.

Then the Indictment was Read, which set forth, That they on the 9th Day of June last past, in a Ten O [...]r Boat, called the Mary, did Piratically and Felloniously take a Ship cal­led the Thomas and Jane near the Downes, belonging to Thomas Wheatland, &c. The King's Councils having opened the Indictment, Thomas Wheatland, Evidence for the King was called and Deposed, That being in the Downes, driving to the South part of the Break, he saw the Shallop, and mistrusting that she was a Privateer, sent his Mate away in his Boat with his Money to the Dorsetshire, who immediately sent a Lieutenant with a Mann'd Boat after him. Badford haled Wheatland, and asked him from whence he was, and fired a Gun at him, and immediately Boarded him; and asked him to Ransom his Vessel, which he at first refusing, the other threatned to burn his Vessel, but at last he did agree with them for a Ransom of 25 Pounds, They immediately Plundered him of all he had, and took him on Board their Vessel for the Ransom. Badford also told him, That they came out of Dunkirk the Night before.

Adam Boynes Deposed, That about Eight a Clock in the Morning he Manned out his B [...]at, and went himself in quest of the Shallop, and when he came up to her, Oldfield Fired a Mus­quet at her, but he Immediately Boarded them; and that Oldfield offered 50 Guineas to him if he would set him on Shoar; he says there was but one French-man on Board. There was a third Evidence who Deposed, That he took out of Bedfords Pocket his pretended Commission, and that all the Prisoners were Assisting in taking of the Thomas and Jane. The Phisoners being asked what they had to say for themselves, Badford pleaded he was a French-man, and had a Commission, but it appeared plainly to the contrary. Lyne pretended that he was Wounded at Dyxmude, and that he was in the Hospital at Dunkirk, and only designed to come to England, and afterwards to go to his Wife and Children into Jamaica. Oldfield had lit­tle to say for himself, nor indeed any of them Material. So the Jury withdrew, and after a small time brought them all three in Guilty of Piracy and Fellony.

Then they being called and asked what they had to say, why Judgement should not pass upon them according to Law; Gerard Badford desired of the Court, that he might have the Priviledge to have a Priest, according to his Religion, being a Roman Catholick. And then the Judge of the Court gave Sentence according to Law.