[Footnote 2: Governor Dongan's commission of vice-admiralty "in the usual forme", October 3, 1682, is recorded in the Public Record Office, London, C.O. 5:1182, p. 40. James, duke of York, was Lord High Admiral from 1660 to 1673; he was proprietor of the province of New York from 1664 till he became king in 1685. As Lord High Admiral, he issued commissions to the colonial governors appointing them as his vice-admirals. That which he issued, January 26, 1667, to Lord Willoughby, governor of Barbados, is printed in the _Publications_ of the Colonial Society of Ma.s.sachusetts, II. 187-198. That to Dongan, issued by James in 1682, when, though excluded from office in England, he was still Lord High Admiral of the crown's dominions, was no doubt similar. At this early period the governor himself sometimes acted as judge; see doc.u.ment 46, note 1. Strictly speaking, what was here appointed was not a court of admiralty but a commission for the trial of piracy and other felonies. By the statute 28 Henry VIII. c. 15 (1536), it was provided that cases of piracy should be tried within the realm, not by the High Court of Admiralty, but before commissions specially appointed for the purpose, and with the aid of a jury. But this statute did not extend to the plantations, and until the pa.s.sage of the act of 11 and 12 William III. c. 7 (1700), commissioners for the trial of piracy in the colonies were usually appointed by governors in their capacity as vice-admirals, and proceeded under the civil (Roman) law, not the statute. Another commission, for the trial of piracy (to Governor Bellomont and others, Nov. 23, 1701) is printed in E.C. Benedict, _The American Admiralty_, third ed., pp. 73-79, fourth ed., pp. 70-76; another (1716) is doc. no. 106, below; another (to Governor Woodes Rogers, Bahamas, Dec. 5, 1718), is in Johnson's _History of the Pyrates_, II. (1726) 337-340; a fourth (1728) is in _N.J. Archives_, first series, V. 196. See also doc. no. 201, note 1, and Chalmers, _Opinions_ (ed. 1858), pp. 511-515.]

To

Lucas Santen Esqr.,[3] Cornelius Stenwyck, William Beakman,[4] Nicholas Bayard, Jno. Lawrence, Willm. Pinhorne, James Graham, Jacob Leisler.

[Footnote 3: Collector of the port.]

[Footnote 4: Acting mayor. Lawrence, Graham, Steenwyk, and Bayard were aldermen, Pinhorne became an alderman two months later. Leisler was the celebrated revolutionary. The accused men were found guilty. Eight of them were sentenced to receive twenty lashes and to be imprisoned for a year and a day. Clough was sent to London to give an account of his stewardship to the Royal African Company. _Calendar of Council Minutes, N.Y._, p. 34.]

CASE OF WILLIAM COWARD.

_52. William Coward's Plea. 1690._[1]

[Footnote 1: Suffolk Court Files, no. 2540, paper 6. The case is reported in _Records of the Court of a.s.sistants of Ma.s.sachusetts 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.]

And the said Wm. Coward for plea saith that he ought not nor by Law is obliged to make any further or other answar or plea to the Indictments now preferred against him in this Court: for that he saith that the Crimes for which he stands Indicted be:--The same is for Pyracy, felony and [so forth] by him supposed to be done And Committed upon the high seas without this Jurisdictions and not within the body of any County within the same from Whence any Jury Cann be Lawfully brought to have tryall thereof, That before the Statute of the 28th of King Henry the 8th, Chapt. the 15th, all Pyraceys Felonys, etc., Committed upon the high seas was noe Felony whereof the Common Law tooke any knowledg, for that it could not be tryed, being out of all towns and Countes, but was only Punishable by the Civill Law before the Admira[l], etc., but by the said Statute the offence is not altered and made felony, but Left as it was before the said Statute, vizt. felony only by the Civill Law, but giveth a mean of tryal by the Common Law in this maner, Viz: All Treasons, felonys, Robberys, murders and Confederacies Committed in or upon the sea or in any other haven, rivar, creek, or place where the Admirall hath or pretends to have power, Authority, or Jurisdiction shall be Enquired, tryed, heard, determined, and Judged in such shires and places in the Relm as shall be Limitted by the kings Commistion under the great Seale, in Like forme and Condition as If any such offenses had been Committed upon the land, to be directed to the Lord Admirall or to his Leiut., Deputy, or Deputys, and to three or foure such other substantiall persons as shall be named by the Lord Chancellor of England for the time being, etc., as [by] the said statute appeareth--

That the Crimes and offences afforesaid 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 Anchor in the Road there. The next day our men went ash.o.r.e and applyed themselves to rake togeather of salt in the Salt Pounds in order to the loading our Said Shipp and Soe continued workeing severall days.

And upon the first day of February following there came into the aforesaid Road a Sloope weareing theire Majesties Collours and anch.o.r.ed not farr [fro]m our Said Shipp who tould us they came from South Carolina, theire Captn. one James Allison formerly of New Yorke, and that they had a Com'n from the Governor of Carolina aforesaid to take and Indamage the French, for which end they were here arrived expecting they might in a Short time meete Some of them.[3] The said Captn. Allison and moste parte of his Company were wellknowne unto us, they haveing beene Loggwood Cutters in the Bay of Campeach[4] where wee were with the said Shipp about twelve mounthes Since, Loadeing Loggwood, parte whereof wee bought of them and fully Sattisfied them for, and during our stay there kept amicable correspondance with us, Eateing, Drinking and Lodging frequently on board our said Shipp, which wee gladly consented unto in regard they might have beene a defence and help to us if any Enimey had a.s.saulted us, by reason of which former friendshipp and good Correspondance as alsoe theire Specious pretence of a Commission against our Enimies (which wee woere in Some feares of) wee willingly continued the former kindnesse and amity betweene us, hopeing if wee were a.s.saulted by the French wee might by theire a.s.sistance (they being thirty five able men and our Shipp being of pretty good force) have beene capable to make a good resistance, They often protesting and promiseing to Stand by and help us to the uttmost if there Should be occasion. wee therefore not doubting theire honesty and Sincerity permitted them frequently to come on board our Said Shipp, and Sometimes Some of us went on board theire Sloope, and Believeing ourselves secure and willing to make a quick dispatch as possible in Loading our Shipp, wee sent all [hands]

to worke in the Pounds (as wee [had done (?)] he[retof]ore) Except our [Carpenter]s, which were [then (?)] att worke on our Decke building [a] Boate for the more Convenient carriage of salt. Thus wee continued workeing, and upon the Fourth day of February instant Capt. Allison and Sundry of his men Dined with us on board said Shipp in a friendly manner, as they were wont to doe, and Some time after Dinner desired the said Commander Tay, with Mr. Edward Tyng the Sup[er]cargoe and James Meeres a pa.s.senger, to goe on boarde theire Sloope to Drinke a gla.s.se of Punch with them, which he did, and when we were come on board the said Sloope they pretended theire Doctor (whom wee Left on board the Shipp talkeing with our men) had the keys where theire Sugar was, Soe they could not make the Punch, and forthwith severall of them Stept into the Boate and Rowdd on board our Shipp to fetch the keys. as Soone as they entred our Shipp one of them Ran to the Steereage Doore and another to the Round house and Secured all our Arms, the rest Imediatly Seizeing the Carpenters who were att work on the Boate. They then fired a gunn as a Signall to theire Sloope, who Imediatly Seized us who were on board her (wee being unarmed) and forthwith way'd anchor and Laid our Shipp aboard, att the same time takeing everything out of the Sloope, excepting a Little Stincking Brackish water, some Flower, a Little Stincking beefe, and three or foure baggs of wheate, and then Comanded us presently to putt of from the Shipp about Musquett Shott and then to come to anchor, which we were forced to Comply with; After which they went on Sh.o.r.e and fetched our men out of the Pounds by force and Armes, Seaventeene of whom they tooke with them, Some whereof by force and threattnings and others of them went volluntarily, which wee have good reason to beleive were privy to the Plott and Surpriseall of the Shipp, a List of whose names is hereto Subjoyned. afterward they gave us our Chests and some of our Cloaths and the next day Comanded us to Saile away with the said Sloope (which they gave us), and upon the Sixth day of February Instant wee sailed with said Sloope for the Island of Barbados where wee arrived the twenty first day of the same.

JEREMIAH TAY, M'r.

EDWARD TYNG THOMAS WHARFE, Mate JAMES MEERES, JUNIOR.

[Footnote 3: England and France were at war, 1689-1697.]

[Footnote 4: Bay of Campeche, west of Yucatan. At the beginning of this Campeche voyage of the _Good Hope_ ("formerly the _Fortune of Courland_"), in October, 1689, she had been detained by the royal officers in Boston, for evasion of the customs laws, but made her escape. _Ma.s.s. Hist. Soc. Proc._, XII. 116.]

_54. Deposition of Epaphras Shrimpton. July, 1694 (?)._[1]

[Footnote 1: Suffolk Court Files, no. 3033, paper 7. Epaphras Shrimpton was a cousin of Colonel Shrimpton.]

Epaphras Shrimpton, of full Age, Testifieth that Benja. Blacklidge did acknowledge that himselfe and some others which he named took from on borde the Ship _Good hope_ at Madagasker about halfe her Cargoe which she brought from Holland particulerly Hollands, duck, Riging, Ketles, Powder, etc., belonging to Col. Sam. Shrimpton, and said that with part of the Ketles they Sheath'd the bow of the Ship which he came from Madagasker in, and offer'd if Colo. Shrimpton would be kinde to him he would discover the Persons that were to bring home the remainder of the Ship _Good hopes_ Cargoe. the said Blacklidge said that himselfe and other of his Confederates took the above mention'd goods out of the Shipp _Good hope_ at Madagasker just before he came from thence to New England. this he acknoledg'd to Colo. Shrimpton in the Prison house in Boston in New England in the year 1693.

EPAPH. SHRIMPTON.

_55. Deposition of Jeremiah Tay. July 6, 1694._[1]

[Footnote 1: Suffolk Court Files, no. 3033, paper 6.]

Jer. Tay, aged thurty five yeres, Testifieth that hee being att the Ile of May, Master of the Shipe _goodhope_ belonging to Coll. Samuell Shrimpton, In february one thousand six hundred and ninety, That then And thare was surprised and tacken by A pyrate, one James alloson, Comander, That after thay had posseshon of the Above said Shipe The next day sent for My Men from the Pond to come on bord of said Shipe, Telling them that thoose as would goe willingly should have as good A shaar in shipe and goods as Anny of themselves, whare upon one bengeman blackledg of boston, with sundry more, tuck up armes with the pyrats, hee macking choyce of one of my one[2] small armes for him selfe. This was dun by said blackledg without anny force or Compulshon, as the pyrats themselves did declare That thay did not nor would not force him nor sundry more which did intend To goo with them.

I doue furder Ad that sence I came from London, being to the Westward, was tolde by sum of those men that came home in Ma.s.sons shipe A Longe with said blackledge Last yere, to the est end of Long island, whare Thare was A bundance of the goods which Came out of My Shipe the _goodhope_, As Canvos and Riging of sundry sorts, whare itt was Im baseled,[3] and given all most to anny that would ask for itt. Also that thay did heere some of my one Men tell blackledge that hee was A great Rooge, in that hee had gott his Cloose out of the shipe _goodhope_ in to The shipe beefore the Shipe was Tacken, that so hee mought goe with the Shipe wheather the Shipe was tacken or not. I doue also ad that in the day of it, when the shipe was in thare posseshon, the pyrats did then and thare say to mee, had it not beene by purswashon of sum of my one men telling of Them thare was A bundance of Monnys A bourd of said Shipe be sids goods, thay had not tacken hur, which A parrantly proved to bee true, for thare was sundrey of them ware for punishing of Mee to Mack mee Confes whar itt was, but thay so difered in thare Judgments that that was not dun by them.

JER. TAY.

July 6, 1694. Sign'd and Sworn by Capt. Jeremia Tay.

Coram n.o.bis SAM'L SEWALL } Justices JER. DUMER } of the } Peace.

[Footnote 2: Own.]

[Footnote 3: Embezzled.]

_56. Indictment of Benjamin Blackledge. October 30, 1694._[1]

[Footnote 1: Suffolk Court Files, no. 3033, paper 2.]

Province of the Ma.s.sachusetts Bay in New England, Suffolk, SS:

At a Court of a.s.size and Generall Goale delivery held in Boston for the County of Suffolk aforesaid the Last Tuseday in October 1694, Annoq[ue] R[egi]s et Reginae Gulielmi et Mariae, Angliae, etc., s.e.xto.

The Jurors for our Sov'r Lord and Lady the King and Queen aforesaid Present, That Benjamin Blackleich of Boston aforesaid, mariner, on the fourth day of February in the year of our Lord 1690/1, at the Isle of May otherwise called Santo-May, one of the Islands of Cape de verd, being then and there a Seaman or Marriner, on bord the Ship called the _Good Hope_, Jeremiah Tay Comander, did Wickedly, Felloniously and Piratically Rise up in Rebellion against the sd Master Jeremiah Tay, and with one James Allison A Pirate or Sea Rover, Master of a Sloop, and his Company, did Conspire, Abett and Joyne, and with the sd James Allison and his Company did Seize, Surprize, and Piratically take from the sd Jeremiah Tay The sd Ship _Good Hope_, of Burthen about Three hundred Tonns, and her Loading, being to the Value of Two Thousand Pounds, of the Goods and Chattels of Collonol Samuel Shrimpton of Boston aforesaid, and of the said Ship and Loading the said Master and Owner did Dispoyle, Disposess and Exclude, against the Peace of Our Sov'r Lord and Lady the King and Queen, their Crown and Dignity, and the Laws in Such Case made and Provided.

Egnoramos.[2]

RICH'D CRISP, foreman, with the Rest.

[Footnote 2: For "Ignoramus" (we ignore), the word by which a grand jury indicated its refusal to prosecute an indictment. We here find the Superior Court, the highest common-law court of Ma.s.sachusetts under the second charter, taking cognizance of a case of piracy.