d must ether be Considered in
the Condition they were in before or since the making of the said
statute. If as before then they are only to be Judged and Detarmined
before the Admirall, etc., after the Course of the Civill Laws, which
this Court hath not Jurysdiction off--

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.

CASE OF BENJAMIN BLACKLEDGE.

_53. Declaration of Jeremiah Tay and Others. March, 1691 (?)._[1]

[Footnote 1: Suffolk Court Files, no. 3033, paper 4.]

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[s], 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.

[Footnote 2: Member of Andros's council, 1688-1689.]

Upon the twentyeighth day of January 1690/1 wee arrived from the
Island of Madara att said Island of May aforesd and came to Anch