lack of success is attributable to many elements of opposition. Extra-legal conduct, 
preying upon the want of strong executive power imparted to Randolph, 
prevented seizures. 389 Even when seizures were made and tried in the local 
courts, bench and jury openly opposed any enforcement of the hated Acts of 
Trade. 390 Randolph found former statements of the doctrine of "no appeal" 
turned into reality in those cases in which appeals were attempted. 391 This 
attitude appears to have been contagious, for the harassed collector also complained 
that the New Hampshire Council denied appeals to the King, 392 
despite the express terms of the royal commission for settling the province. 393 
Apparently Randolph was not certain of the scope and function of the appeal 
as an instrument of imperial control. Upon his return to London he submitted 
several queries to the Attorney General concerning the use of appeals. 
The Attorney General in one instance answered unfavorably as to the allowance 
of appeals in seizure causes, 394 but in another opinion he affirmed the 
389 Threats of force were made when Randolph 
attempted seizures, and his deputies were 
beaten or threatened {ibid., 71-72, 76; cj. 3 
Osgood, op. cit., 229). 
390 In ten trials at Boston, Salem, and Piscataqua, 
nine seizures were cleared by juries; 
in the tenth case a fine to the colony was 
levied for firing upon the Union Jack (3 
Edward Randolph, 85-86). Randolph was 
forced to deposit security to answer damages 
before seizures were tried {ibid., 92). He was 
refused the assistance of counsel {ibid., 70). 
Juries were alleged to consist of merchants or 
masters of ships {ibid., 75). Acts of Parliament 
were not considered in force unless received 
by act of the Massachusetts assembly (2 ibid., 
315, 319; 3 'bid., 60). Damages were given 
against the collector {ibid., 84-85). 
391 Randolph, in praying a quo warranto proceeding 
against the Massachusetts government, 
alleged that "that Government hath denied to 
grant Appeals to your Majestie in Councill as 
well formerly to your Majesties Subjects there 
inhabiting, as in the late causes relating to 
your Majesties own affaires" (3 ibid., 89; cj. 
ibid., 78-79, 96). 
392 Ibid., 107, 108. The council threatened to 
punish those appealing from them to the King. 
Cj. at a later date the reasons advanced by 
Governor Cranfield for suspending some of 
the council, i. e., refusal to admit appeals to 
the King and statements that no justice could 
be had at the Council Board in England by 
strangers {ibid., 253-54). 
393 The 1680 commission to John Cutt as 
president to administer the province with a 
council contained provision that "it shall and 
may be lawfull from time to time, to and for 
all and every person and persons, who shall 
think him or themselves aggrieved by any 
sentence, Judgment, or Decree pronounced, 
given, or made (as aforesaid) in, about, or 
concerning the title of any land, or other reall 
estate or in any personall Action, on writ 
above the value of £50 and not under, to 
appeal from such Judgment, sentence and Decree 
unto Us Our heires and successors, and 
Our and their Privie Councell, But with and 
under this caution and limitation; That the 
Appellant shall first enter into and give good 
security, to pay full costs, in case no relief 
shall be obtained upon such Appeal" (4 
Thorpe, op. cit., 2448). 
394 Randolph queried "whether seizures made 
of ships and their loading illegally imported 
into New England, brought to a Tryall and 
cleered by Jury upon Appeal in Court to His 
Majestie in Councill cannot bee brought to a 
new Tryall upon the place? what directions 
are necessary for procuring the same, And how 
Juries, (who upon Tryall of Causes relating 
to His Majesties affaires, bringing Verdicts 
contrary to evidence and the Letter of the 
Law) ought to be proceeded against?" (3 
Edward Randolph, 97). Attorney General 
Sawyer was of the opinion that "where a 
verdict is given upon an Information upon a 
Seizure or other penall Law no Appeale lyes, 
and 'tis rare that a new Tryall is awarded unlesse 
some miscarriage bee proved upon the 
Defendant by tampering with the Jury, or the 
Court bee satisfyed that the Verdict was given