For some years to come colonial admiralty jurisdiction depended upon two 
instruments, the governor's commission and the commission issuing from the 
Admiralty itself. After the passage of the Act for Preventing Frauds the question 
of the more effective enforcement of the navigation laws led to a recanvassing 
of the proper constitution of colonial admiralty administration and 
the decision to place the commissioning in the Admiralty. This becomes the 
rule during the eighteenth century, and very shortly after 1697 the clause conferring 
the office of vice admiral upon the colonial governors is dropped from 
the gubernatorial commissions. 93 
The form of vice-admiralty commission used by the last Stuarts contains a 
clause saving the right of everyone to appeal to the Lord High Admiral or 
"our Lieutenant the Commissioner General or Special by us constituted or 
appointed." In the face of this curious jurisdictional arrangement, the question 
whether or not there was any appeal possible to the King in Council or 
to the High Court of Admiralty from the sentences of the vice-admiralty 
courts established under these patents was perplexing. Sir Thomas Exton, 
High Court of Admiralty judge, being consulted on the problem in 1686, was 
of the opinion that strictly speaking there was no appeal from Acts of Trade 
condemnations in colonial vice-admiralty courts, but that the King might 
speciali gratia admit complaints against such condemning judgments. He 
stated that he had seen other unjust decisions in other colonies, but since no 
appeal lay to him he could only advise a petition to the King. 94 Sir Richard 
admiral was sufficiently empowered to erect 
courts of admiralty and to exercise the place 
of vice-admiral without any additional authority. 
Yet for the better notification of this 
power it was agreed to insert a clause in the 
royal instructions as to exercising all powers 
of the vice-admiral according to such commissions, 
instructions, and authority as were 
received from the Duke of York (CO 391/2/ 
197, 198). 
93 The documents on the reorganization are 
in 2 APC, Col. #635; CSP, Col., 1606-1699, 
#107 (presentment of the Commissioners of 
Customs referred to "Council of Trade"); 
#142 (Council of Trade's report, Aug. 13, 
1696, favorable to establishing vice-admiralty 
courts); $511 (second report, Dec. 17, re 
extension to proprietary colonies); #4°5 
(Admiralty report, Nov. 19); #466 (report 
of the Attorney General, Dec. 4, favorable 
to crown erecting admiralty courts in proprietary 
colonies); #606 (petition from proprietors 
for vice-admiralty commission, Jan. 21, 
1696/7). 
The two-commission system had not been 
disturbed after the Revolution of 1688. It is 
also to be noticed that Bellomont's gubernatorial 
commission for New York, sealed 
June 18, 1697, after the presumable settlement 
of die vice-admiralty issue (4 Doc. Rel. Col. 
Hist. N.Y., 266) still contained the viceadmiralty 
clause, whereas the patent of the 
same day for the governorship of Massachusetts 
Bay did not (2 Pub. Col. Soc. Mass., 76). 
Lord Cornbury's gubernatorial commission of 
1701 still has the vice-admiralty clause (Misc. 
MSS Combury, NYHS), but Hunter's of 1709 
has not (5 Doc. Rel. Col. Hist. N.Y., 92). See 
also infra, n. 97. 
94 CSP, Col, 1685-88, #931. Exton justified 
appeals on the grounds that they would cause 
colonial courts to follow rules of law more 
carefully and administer justice impartially, 
and that lack of appeals would deprive owners 
living in England or Europe of their defenses, 
having no knowledge of the proceedings until 
after condemnation.