THE NAVIGATION ACTS 
The part played by the Navigation Acts in fostering an "appeal consciousness" 
among the English administrators should not be overlooked. Since enforcement 
of a government policy was involved, interest was generated over 
colonial judgments in seizures under the Acts, particularly in the matter of 
appellate remedies against unfavorable judgments. Investigation by English 
officials of the attitudes and practices of colonial governments and courts, 
including those touching appeals, was stimulated. Enforcement of the Acts 
provided a subject matter, hitherto largely lacking, which justified the expense 
and inconvenience of appellate proceedings in England. Enforcement 
also fostered the development of colonial admiralty jurisdiction, thus supplementing 
the jurisdictions subject to appellate review. 
Prompted by petitions of the Mason and Gorges heirs and by merchants 
who complained of the Massachusetts Bay attitude towards the Acts of Trade, 
the question of the relations between that colony and England was reopened 
by the English administrators in 1676. 383 Wary of employing another royal 
commission, the crown dispatched Edward Randolph to Massachusetts Bay 
to summon agents for the colony to appear in England, ostensibly for the 
settlement of the claims of Gorges and Mason. 384 In his contacts with the 
Massachusetts Bay authorities Randolph soon discovered that the colony had 
not weakened its former stand on the question of the finality of its judgments 
385 This attitude was therefore represented by Charles' emissary on his 
return as one aspect of an attempt to assert sovereignty. 388 A solution of the 
appellate problem was advanced in the premature scheme of establishing a 
general government in New England with a fit judicature for the determining 
of differences. 387 
In 1679 Randolph again arrived in New England, this time commissioned 
as collector, searcher, and surveyor of the customs. 388 In his attempts to enforce 
the Acts of Trade, Randolph met with small measure of success. This 
383 3 Osgood, op cit., 309 et seq. 
384 In the instructions given to Randolph that 
he inform himself on certain matters during 
his stay in New England there is no mention 
of the question of appeals; see 2 Edward 
Randolph, 197-99. 
385 Governor Leverett is alleged to have stated, 
in an interview with Randolph, "that all 
matters in difference are to be concluded by 
their final determination denying any appeal 
to his Majesty" (ibid., 205, 219). 
386 Randolph reported, "that they have formed 
themselves into a Common Wealth, deneying 
any Appeals to England" (ibid., 266; cf. 
ibid., 226, 254). For allegations of judicial bias, 
making appeals a necessity, see ibid., 231. Compare 
the counterallegations of the New England 
agents (3 ibid., 10). 
887 Ibid., 33. On his return to New England, 
Randolph urged "that there is an absolute 
necessity of Erecting a Great Councill chosen 
out of the chiefest and best of every Colony 
with a President to which men may appeale 
from the severall Judicatures of Each Colony 
else They will never be quiet, nor then long 
till His Majesty send over a General Governor" 
(ibid., 57). 
388 1 Edward Randolph, 102, 120.