That the Crimes and offences in the said Indictments supposed to be done [and] commited by the said Wm Coward, If any such there were, [were] done and Committed in or upon the sea or in some haven, river, Creek, or place where the Admiralty hath or pretends to have power, Authority, or Jurisdiction, etc. not within the Jurisdiction of this Court—
That the Admiralty of those seas, havens, etc., where the Crimes and offences afforesaid are supposed to have been done and Committed, In Case the Commistion Lately geven to Sir Edmd. Andros, knt., to be vice Admirall there of be voyd, it is now remaining in his Maj. and cannot be Executed or exercised by any person or persons without being Lawfully Commistionated by his Maj. for the same.
That in Case the Crimes, etc., offences aforesaid shall be considered According to the said statute of the 28th of Henry the 8th, Chapt. the 15th, Then the said Wm. Coward saith that this Court hath noe power or Jurisdiction there of, nor can the same be Enquired, tryed, heard, Determined, and Judged by them, but Can only be Enquired, tryed, and Determined by the Spetiall Commistion from his Majesty in such manner as by the said statute is Derected.
All which the said Wm. Coward is ready to Answar, etc.
[1] Suffolk Court Files, no. 2540, paper 6. The case is reported in Records of the Court of Assistants of Massachusetts Bay, I. 319-322. Coward (a sailor of H.M.S. Rose) and others were indicted for a piratical attack on the ketch Elinor in Nantasket Roads, November 21, 1689. They were tried in January, 1690, and condemned, but reprieved. See Andros Tracts, II. 54. The trial occurred in the interregnum between the deposition of Governor Andros in 1689, and the arrival of Governor Phips and inauguration of the new charter in 1692. Therefore Coward pleads to the jurisdiction, Andros's commission as vice-admiral being void.
CASE OF BENJAMIN BLACKLEDGE.
53. Declaration of Jeremiah Tay and Others. March, 1691 (?).[1]
An acc'tt of the Surprizeall and takeing of the Ship Good hope of Bost[on] in New England, Burthen about three hundred Tonns with twenty two Gun, Jeremiah Tay Comander, which was acted and done in a most Treacherous and Pyratticall manner by certain Rovers or pirates (moste of them theire Majest[ies] Subjects) in the Road of the Isle of May of the Cape de verd Islands upon the Fourth day of February Anno Dmi 1690/1, The said Shipp with what goods were on board her properly belonging unto Coll. Sam'll Shrimpton[2] Merchant att Boston in New England aforesaid, vizt.