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<ETS>
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<DATE>2014-11-12</DATE>
<RESPSTMT>
<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Proofed and reviewed as part of batch B140733.pdcc.</ITEM>
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<IDG S="marc" R="UM" ID="B43717">
<STC T="W">P3591</STC>
<BIBNO T="oclc">[ocn]767618618</BIBNO>
<VID>212631</VID>
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<TEXT LANG="eng">
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<DIV1 TYPE="text">
<PB REF="1">
<PB N="1" REF="2" MS="y">
<HEAD>THE PROCEEDINGS OF THE King's Commi&s;&s;ion Of <HI>Oyer</HI> and <HI>Terminer,</HI> and <HI>Goal</HI> Delivery for the Admiralty of <HI>England,</HI> of &s;everal Per&s;ons, for &s;everal <HI>Felonies</HI> and <HI>Piracies</HI> by them Committed on the High SEAS. At a Se&s;&s;ions of Admiralty, held at <HI>Ju&s;tice-Hall</HI> in the <HI>Old-Baily, London,</HI> on <HI>Monday</HI> the 28<HI>th</HI> day of <HI>June,</HI> and <HI>Monday</HI> the 12<HI>th</HI> day of <HI>July,</HI> 1697. And in the Ninth Year of His Maje&s;ties Reign.</HEAD>
<P>THERE being pre&s;ent the Honourable Sir <HI>Charles Hedges</HI> Knight, Judge of the High Court of Admira<GAP DESC="illegible" EXTENT="1 letter">ty, Sir <HI>Littleton Powys.</HI> one of the Barons of the Exche|quer; together with the &s;everal Doctors of the Civil Law, and other Per&s;ons Commi&s;&s;ionated on that Occa&s;ion, Mr. <HI>Checke,</HI> Mar&s;hal of the Court, carrying a Silver Oar before the Judge into the B<GAP DESC="illegible" EXTENT="1 letter">dy of the Court; and the Court being Sat, P<GAP DESC="illegible" EXTENT="1 letter">oclamation was made for Silence, the Grand Jury was Sworn to Enquire for our Sovereign Lord the King.</P>
<P>After which, a Charge was given by the Judge of the Court, and the Gentlemen of the Grand Jury withdrew, and after &s;ome time returned, and pre&s;ented to the Court the following hills. Fir&s;t, Agai<GAP DESC="illegible" EXTENT="1 letter">&s;t <HI>Edward Lyre</HI> and <HI>John Oldfield,</HI> for High-Trea&s;on, in Ad|hering to the French King. The Second again&s;t <HI>David Evans</HI> and <HI>Henry Adams,</HI> for Felony and Piracy, in taking the Ship <HI>Gun&s;way,</HI> in the <HI>Ea&s;t-Indies;</HI> but <HI>Henry Adams</HI> having m<GAP DESC="illegible" EXTENT="1 letter">de his E&s;cape out of <HI>Worce&s;ter</HI> Goal, is not y<GAP DESC="illegible" EXTENT="1 letter">t re-taken. The Third again&s;t <HI>Franci&s;co Martin,</HI> for Piracy and Felony, in taking a Ship called the <HI>Loving Land,</HI> near the I&s;land of <HI>Salitudo<GAP DESC="illegible" EXTENT="1 letter"></HI> in the <HI>We&s;t-Indies:</HI> But he being upon Bail, and it being repre&s;ented to the Court that the &s;aid <HI>Ma<GAP DESC="illegible" EXTENT="2 letters">in</HI> being upon his Voy<GAP DESC="illegible" EXTENT="1 letter">ge for <HI>England,</HI> was taken by the French, and detained as Pri&s;oner, the Court ordered the Continuance of his Bail for &s;ome time longer.</P>
<P><HI>Rand. Pye,</HI> was al&s;o Indicted for the Murther of one <HI>Thomas Lyddal,</HI> near <HI>Martegon</HI> in the <HI>Ea&s;t-Indies,</HI> but was brought in Ignoramus by the Grand Jury, and he Acquitted in Court. After wh<GAP DESC="illegible" EXTENT="1 letter">ch the Court Adjourned until <HI>Monday</HI> July the 12th,</P>
<P><HI>Monday,</HI> July <HI>the</HI> 12th. 1697. This Day the Court being Sat, according to the former Adjournment, the Grand Jury found a bill again&s;t <HI><GAP DESC="illegible" EXTENT="1 letter">onathan Bear;</HI> for High-Trea&s;on, after which the Petty Jury was called and Impannelled, and <HI>David Evans</HI> was called to the Bar and his Indictment being Read, &s;et forth, That he, with &s;everal other Per&s;ons, did Fel|loniou&s;ly and Pyratically &s;eize and carry away the Ship called the <HI>Gun&s;way,</HI> her Furniture and Tackle to the Value of a Thou&s;and Pounds, and Goods to the Value of 110 Pounds, and 100000 Pieces of Silver called Peices of Eight, to the Value of Twenty two Thou&s;and Pounds, and 100000 Pieces of Gold called <HI>Chequins,</HI> to the Value of 40000 Pounds, being the Gords, Chattles, and Monies of certain Per&s;ons unknown, upon the High Seats, within Ten Leagues of the Cape of St. <HI>John,</HI> near <HI>Su<GAP DESC="illegible" EXTENT="1 letter">a<GAP DESC="illegible" EXTENT="1 letter">t</HI> in the <HI>Ea&s;t-Indies,</HI> &amp;c. Then <HI>Philip Mill<GAP DESC="illegible" EXTENT="1 letter">ton,</HI> and Evidence for the King, being Sworn, Depo&s;ed, That <HI>Every</HI> being at the I&s;le of <HI>May,</HI> and wanting Men, having only about 80 on Board, the Ship being of 500.
<PB N="2" REF="3" MS="y"> Tuns and 46 Guns, did force <HI>David Evans</HI> on Board, as al&s;o Eight other Per&s;ons, and from thence went to <HI>Guinny,</HI> and then to the I&s;land of <HI>Prince&s;s,</HI> and then to the <HI>Red Sea:</HI> where they waited for the <HI>Mecho</HI> Fleet, and afterwards met with the <HI>Gun&s;way,</HI> and after two Hours Fight, took her: But it appearing to the Jury that he was forced away again&s;t his Will, and that he afterwards de&s;ired one <HI>Edwards</HI> and one <HI>Adams</HI> to &s;peak to <HI>Eve<GAP DESC="illegible" EXTENT="1 letter">y</HI> to &s;et him on Shore on the I&s;land of <HI>Prince&s;s:</HI> and that it appeared he was only at <HI>Every</HI>'s Pri&s;oner; They found him not Guilty.</P>
<P>Then <HI>Edward Lyne</HI> and <HI>John Oldfield</HI> was Indicted for High Trea&s;on, but it Appearing to the Court, that the Commi&s;&s;ion that <HI>Gerrard Badford,</HI> and the Pri&s;oners <HI>Lyre</HI> and <HI>Oldfield</HI> had, was not a true one; but was the Commi&s;&s;ion of one <HI>John Clo&s;s,</HI> and only a pretended A&s;&s;ignment to <HI>Gerrard Badford,</HI> the Jury acquitted them of the Indictment; and a new In|dictment was drawn up again&s;t <HI>Gerrard Badford, Edward Lyne,</HI> and <HI>John Oldfield,</HI> for Pi|racy and Fellony: Then the Court Adjourned until the Afternoon, at which time being &s;at: The Gentlemen of the Grand Jury found the Bill:</P>
<P>Then <HI>Gerrard Badford, Edward Lyne,</HI> and <HI>John Oldfield</HI> were &s;et to the Bar, and the Gen|tlemen of the Jury were Sworn as follow, <HI>viz.</HI>
<LIST>
<ITEM>Nathaniel Long,</ITEM>
<ITEM>John Child,</ITEM>
<ITEM>Edward Leach,</ITEM>
<ITEM>Tho. Clarke,</ITEM>
<ITEM>Nath. Greene,</ITEM>
<ITEM>Henry Sherbrooke,</ITEM>
<ITEM>Richard Greenway,</ITEM>
<ITEM>John Sherbrooke,</ITEM>
<ITEM>Thomas Emmes,</ITEM>
<ITEM>Roger Mott,</ITEM>
<ITEM>John Hedges,</ITEM>
<ITEM>John James.</ITEM>
</LIST></P>
<P>Then the Indictment was Read, which &s;et forth, That they on the 9th Day of <HI>June</HI> la&s;t pa&s;t, in a Ten O<GAP DESC="illegible" EXTENT="1 letter">r Boat, called the <HI>Mary,</HI> did Piratically and Felloniou&s;ly take a Ship cal|led the <HI>Thomas and Jane</HI> near the <HI>Downes,</HI> belonging to <HI>Thomas Wheatland,</HI> &amp;c. The King's Councils having opened the Indictment, <HI>Thomas Wheatland,</HI> Evidence for the King was called and Depo&s;ed, That being in the <HI>Downes,</HI> driving to the South part of the Break, he &s;aw the Shallop, and mi&s;tru&s;ting that &s;he was a Privateer, &s;ent his Mate away in his Boat with his Money to the <HI>Dor&s;et&s;hire,</HI> who immediately &s;ent a Lieutenant with a Mann'd Boat after him. <HI>Badford</HI> haled <HI>Wheatland,</HI> and asked him from whence he was, and fired a Gun at him, and immediately Boarded him; and asked him to Ran&s;om his Ve&s;&s;el, which he at fir&s;t refu&s;ing, the other threatned to burn his Ve&s;&s;el, but at la&s;t he did agree with them for a Ran&s;om of 25 Pounds, They immediately Plundered him of all he had, and took him on Board their Ve&s;&s;el for the Ran&s;om. <HI>Badford</HI> al&s;o told him, That they came out of <HI>Dunkirk</HI> the Night before.</P>
<P><HI>Adam Boynes</HI> Depo&s;ed, That about Eight a Clock in the Morning he Manned out his B<GAP DESC="illegible" EXTENT="1 letter">at, and went him&s;elf in que&s;t of the Shallop, and when he came up to her, <HI>Oldfield</HI> Fired a Mu&s;|quet at her, but he Immediately Boarded them; and that <HI>Oldfield</HI> offered 50 Guineas to him if he would &s;et him on Shoar; he &s;ays there was but one <HI>French-man</HI> on Board. There was a third Evidence who Depo&s;ed, That he took out of <HI>Bedfords</HI> Pocket his pretended Commi&s;&s;ion, and that all the Pri&s;oners were A&s;&s;i&s;ting in taking of the <HI>Thomas and Jane.</HI> The Phi&s;oners being asked what they had to &s;ay for them&s;elves, <HI>Badford</HI> pleaded he was a <HI>French-man,</HI> and had a Commi&s;&s;ion, but it appeared plainly to the contrary. <HI>Lyne</HI> pretended that he was Wounded at <HI>Dyxmude,</HI> and that he was in the Ho&s;pital at <HI>Dunkirk,</HI> and only de&s;igned to come to <HI>England,</HI> and afterwards to go to his Wife and Children into <HI>Jamaica. Oldfield</HI> had lit|tle to &s;ay for him&s;elf, nor indeed any of them Material. So the Jury withdrew, and after a &s;mall time brought them all three in Guilty of Piracy and Fellony.</P>
<P>Then they being called and asked what they had to &s;ay, why Judgement &s;hould not pa&s;s upon them according to Law; <HI>Gerard Badford</HI> de&s;ired of the Court, that he might have the Priviledge to have a Prie&s;t, according to his Religion, being a <HI>Roman Catholick.</HI> And then the Judge of the Court gave Sentence according to Law.</P>
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<P><HI>LONDON,</HI> Printed and Sold by <HI>E. Whicklock</HI> near <HI>Stationers Hall.</HI></P>
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