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. 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 .