since the court below which tried the ship was constituted by the governor's authority, 
not by virtue of any power committed by the Lords of the Admiralty. 98 
It should be noted that in addition to review in England of vice-admiralty 
court sentences, there was some degree of internal review possible in certain 
colonies." In December, 1664, Sir Thomas Modyford, Governor of Jamaica, 
appears to have heard an appeal from a vice-admiralty court sentence. 100 This 
same governor, in 1670, stated that from the sentence of the admiralty court 
established at Port Royal an appeal lay to the governor, whose sentence was 
definitive. 101 In December, 1675, it was observed that an appeal lay from the 
commissioners of the admiralty court to the governor as vice-admiral. 102 But 
in a September, 1683, relation of the state of Jamaica under Sir Thomas Lynch 
it was stated that "the Council" heard appeals out of the admiralty court, although 
few were taken. 103 It may be inferred that such an internal appeal 
might be utilized to prevent recourse to England; we have already seen the 
reception accorded Lieutenant-Governor Lynch's proposal to the Council 
whether an appeal from his sentence in the Admiralty to the King or Court 
of Delegates in England should be received or not. 104 
A decade later, an attitude is revealed in New York that, logically pursued, 
would permit an appeal to the King in Council in admiralty causes under the 
terms of the royal commission. In this colony the Vice-Admiralty Court, on 
September 24, 1687, condemned one-quarter part of the ship Beaver to answer 
a judgment of ,£49 plus ,£l3/15 costs. 105 This was upon a libel and complaint 
of Frederick Phillipse and other part owners against Henricus Selyns et ux. 
for wrongful detention of the Beaver in Holland. 106 Selyns then petitioned 
Governor Dongan and the Council praying an appeal from this judgment to 
the Governor and Council, but, the sum being under X loo ' tne petition was 
rejected. 107 Apparently the gubernatorial commission directing allowance of 
appeals in cases of error "from our courts of New York" in "civil causes" over 
_£ioo sterling was interpreted to cover admiralty appeals. 108 
98 Report of May 30, 1695, of Edward Ward, 
High Court of Admiralty judge, and Charles 
Hedges, Advocate General (CSP, Col., 1693- 
96, #1862). 
99 Compare Crump, op. cit., 161 ("The only 
way then of getting redress from the sentence 
of a colonial admiralty court was by petition 
to the king in Council"). 
100 2 Wynne, op. cit., 742. 
101 1 Journals Assembly Jamaica (1811), Appendix, 
22. It is uncertain when this review 
power was first established. An October, 1664, 
statement by Modyford of the condition of the 
island makes no mention of it in connection 
with the admiralty court establishment {ibid., 
102 Ibid., 40-41, observations on the present 
state of Jamaica by one Cranfield. 
103 Ibid., 46. Presumably the governor sat with 
the council; at least he possessed a commission 
as vice-admiral. 
104 2 MS Mins. Jamaica Council, sub. Oct. 13, 
1673; CSP, Col., 1669-74, #1150. 
i° 5 34 N.Y. Col. MSS (Part II), 73. 
106 For the libel see ibid., 66; for the answer, 
ibid., 68; for the reply, ibid., 69. 
107 35 ibid., 106; 5 MS Mins. N.Y. Council, 
208 (Oct. 8, 1687). 
108 3 Doc. Rel. Col. Hist. N.Y., 379. The commission 
of Dongan to Matthias Nicolls as judge 
of the Admiralty Court made no mention of 
appeals (34 N.Y. Col. MSS [Part ll], 9).