  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 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. |
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