[1] Vol. I. of wills in surrogate's office, New York City, pp. 306-307.
[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 Massachusetts, 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 [document 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 passage 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.
[3] Collector of the port.
[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]
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—