versary to appear before the King whatever the terms of its charter, or permit 
Rhode Island to secure an ex parte hearing. 340 
The Carolina patent which passed the seals shortly before that of Rhode 
Island contained a clause which seemed to contemplate the possibility of appeals 
to England, 341 but it remained for the 1664 patent to the Duke of York 
to provide in express terms for appeals to the King in all causes decided within 
the limits of the patent. 342 The second charter to the same patentee repeated 
the provisions of the earlier grant with respect to appeals. 343 The grants in 
turn by the Duke of York to the Lords Proprietors of New Jersey were subject 
to this reservation, and some provision is found for such appeals. 344 On the 
other hand, the 1670 patent for the Bahamas contained no such appeal reservation 
345 It is probable that the New York reservation was a measure designed 
to facilitate readjustments in a conquered province. The charter for Pennsylvania, 
granted in 1681, when more administrative experience had been gained, 
contained substantially the same provisions in regard to appeals as did that 
to the Duke of York. 346 In the concomitant instruments of colonial control, 
the gubernatorial commissions and instructions, no provision as to appeals 
is found prior to 1679. 347 
340 Kaye (op. cit., 46) seems to have failed to 
note this provision. 
341 The charter contained a clause as follows: 
"and that the inhabitants of the said Province, 
nor any of them, shall at any time hereafter be 
compelled or compellable, or be any ways subject 
or liable to appear or answer to any matter, 
suit, cause, or plaint whatsoever, out of the 
Province aforesaid, in any other of our islands, 
colonies or dominions in America or elsewhere, 
other than in our realm of England, 
and dominion of Wales" (5 Thorpe, op. cit., 
2752; cf. 2 Osgood, op. cit., 11). 
342 The charter granted wide judicial powers 
"saving and reserving to us our heires and 
successors ye receiving hearing and determining 
of the appeal and appeales of all or any 
person or persons, of in or belonging to ye 
territoryes or islands aforesaid in or touching 
any judgment or sentence to be there made or 
given" (3 Thorpe, op. cit., 1638-39). 
3i3 [bid., 1642. But note the mention by the 
Duke of York of an ultimate appeal to himself 
(3 Doc. Rel. Col. Hist. N.Y., 235). 
344 In explaining the concessions made to the 
planters of New Jersey, the proprietors stated 
in 1672 that "all appeals, shall be made from 
the assizes, to the Governor and his Councill, 
and from thence to the Lords proprietors; from 
whom they may appeal to the King" (Grants, 
Concessions, and Original Constitutions of the 
Province of New Jersey [ed. A. Learning and 
J. Spicer, 1881 ] 33). Directions given in the 
same year to the Governor and Council provided: 
"That in case of appeals, the appealant 
if cast upon his appeal, for England, shall pay 
as a fine to the Judge, twelve pounds besides 
all costs and damages, and to give in security 
in one hundred pounds there, for the prosecuting 
the same within eight months" (ibid., 38). 
Presumably this provision was meant to govern 
appeals to the proprietors rather than to the 
King in Council. In a 1674 declaration and explanation 
of the proprietor, Sir George Carteret, 
the above appeal hierarchy was preserved 
with a single rather than plural proprietors 
(ibid., 56). As to the regulation of appeals it 
was stated "that in case of appeal for England 
the appealant be bound to pay all cost and 
charges if caste; and upon the appeal, shall pay 
as a fine to the judges twelve pounds, besides 
all costs and damages adjudged against him 
in the Province, and to give in security of an 
hundred pounds here for prosecuting the same 
within eight months" (ibid., 54). 
345 Hist. Doc. Rel. Bahamas Islands (comp. H. 
Malcolm, 1910), 11. 
346 5 Thorpe, op. cit., 3038 
347 See infra, p. 81.