government was to be subject to the regulation of the Lords Commissioners 
for Foreign Plantations. 314 However, when at a September, 1640, General 
Court held by the proprietary councilors in the province several fines were 
imposed upon the turbulent divine George Burdett, we have it on hearsay 
that an appeal to England was denied; 315 whether directed to the proprietor, 
the King in Council, or some other body does not appear. 
More significant is an episode in the rivalry of two prominent figures in 
the province, George Cleeve and John Winter. 316 In September, 1640, Cleeve 
brought two actions against Winter in the General Court, one denominated 
trover, the other an "action of interruption," but both were in the nature of 
ejectment. 317 In both cases judgment was given for the plaintiff, following 
jury trial. 318 Winter petitioned for leave to appeal to the proprietor before 
judgment was given on the verdicts, but the application was denied on the 
ground that the proprietor was present in the person of the court. 319 Robert 
Trelawny, Winter's principal, was then advised to resort to the "Lords Comitioners"—presumably 
those for Foreign Plantations—for relief if application 
to proprietor Gorges were unavailing. 320 Winter forcibly resisting levy of 
execution upon the two judgments, a recognizance was taken from him in 
April, 1641, to appear and answer at the June session of the General Court. 321 
At this session Winter accordingly appeared and prayed an appeal from both 
judgments to "the most Honorable Lords of [the] High Commission for the 
State to whom as your petitioner [be]lueth it doth soly belong to Judge of 
causes and cases of [such] like nature, and to no other inferiour power whatsoever." 
322 It scarcely seems likely that the ecclesiastical Court of High Corn- 
314 The clause in full read, "that the inhabitants 
and residents within the said province 
and premisses and passengers to and from the 
same may within fortie days after sentence 
given in the said courtes (where appeales in 
like courtes within this kingdome are admitted) 
appeale to the said Fardinando Gorges his 
heires or assignes or his or theire generall 
governour or chiefe deputie of the said province 
or premisses for the tyme being to 
whome wee doe . . . give full power and 
authoritie to proceede in such appeals as in 
like case of appeales within this our realme of 
England" (3 Thorpe, op. cit., 1629). Apparently 
both these clauses originated with 
the Lords Commissioners for Foreign Plantations; 
see 1 Province and Court Records of 
Maine (Maine Hist. Soc. Pub., 1928, ed. C. T. 
Libby), 13, 15, notes. 
315 2 Winthrop, History of New England (ed. 
Savage), 11-12; Hubbard, op. cit., 361. The 
official court records make no mention of the 
demand for an appeal; see I Prov. and Ct. 
Rec. Me., 74-75. As a measure of self-protection 
such omission is understandable. 
316 For some account of the relations of Cleeve 
and Winter see J. P. Baxter, George Cleeve of 
Casco Bay (Gorges Soc. Pub., r885), 41 et seq. 
317 j frov. and Ct. Rec. Me., 56, 58-64; Trelawny 
Papers, 3 Doc. Hist. State of Maine (cd. 
J. P. Baxter; 1884), 206-9, 225-32. 
318 1 Prov. and Ct. Rec. Me., 61-62, 64. For 
some account of the trials see Trelawny Papers, 
244-47. 
319 Ibid., 233-34, 2 47- 
320 Ibid., 241. Cf. the statement of Winter 
that, "I thinke is but litle right to be expected 
from this Court, but must seeke to the lords 
pattentes from whence your patten was 
granted" {ibid., 247). 
321 Ibid., 252-57. 
322 Ibid., 260-63. Th e interpolations are the 
editor's.