THE PROCEEDINGS OF THE King's Commission Of Oyer and Terminer, and Goal Delivery for the Admiralty of England, of several Persons, for several Felonies and Piracies by them Committed on the High SEAS. At a Sessions of Admiralty, held at Justice-Hall in the Old-Baily, London, on Monday the 28th day of June, and Monday the 12th day of July, 1697. And in the Ninth Year of His Majesties Reign. 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. check, 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 inquire 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, against 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 iceland 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. pie, was also Indicted for the murder 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 which 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 impanelled, and David Evans was called to the Bar and his Indictment being red, set forth, That he, with several other Persons, did feloniously 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 pieces 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, chattels, and moneys of certain Persons unknown, upon the High Seats, within Ten Leagues of the scape 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. tons and 46 Guns, did force David Evans on Board, as also Eight other Persons, and from thence went to Guinny, and then to the iceland of Princess, and then to the read 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 every to set him on Shore on the iceland of Princess: and that it appeared he was only at Every's Prisoner; They found him not Guilty. Then Edward line 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 line, and John Oldfield, for Piracy and felony: 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 line, and John Oldfield were set to the Bar, and the Gentlemen of the Jury were Sworn as follow, viz. Nathaniel Long, John Child, Edward leech, Tho. clerk, Nath. green, Henry Sherbrooke, Richard Greenway, John Sherbrooke, Thomas Emmes, Roger Mott, John Hedges, John James. Then the Indictment was red, 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 feloniously take a Ship called the Thomas and Jane near the downs, 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 downs, 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 manned 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 threatened 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 musket at her, but he Immediately Boarded them; and that Oldfield offered 50 Guineas to him if he would set him on shore; 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. line 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 felony. 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 privilege to have a Priest, according to his Religion, being a Roman catholic. And then the Judge of the Court gave Sentence according to Law. LONDON, Printed and Sold by E. Whicklock near Stationers Hall.