general right of appeal to the King in Council, on the basis of the Channel 
Islands precedents, and the right of the King to regulate such appeals. 395 
Shortly thereafter Randolph was directed by the Lords of Trade and Plantations 
to lodge appeals at the Council Board against the proceedings of the 
Massachusetts courts upon his seizures. 396 In August, 1681, appeals were 
lodged in fourteen seizure causes, and the respective respondents were ordered 
to appear before the King in Council to answer the appeals. 397 There is no 
evidence of the appearance of any of these respondents, despite the stern sanctions 
threatened in the summoning Order in Council. But the colony was 
informed of the royal pleasure to admit appeals in all cases relating to the 
revenue and ordered to comply therewith. 398 
When Randolph returned to New England at the end of 1681 and continued 
his career of seizures, he again encountered much opposition from the 
government and the populace. 399 In some cases colonial officials interfered 
with the effective prosecution of appeals; 400 in other cases appeals were flatly 
against plaine and direct evidence and the 
direction of the Court" {ibid., 99). In answer 
to another query of Randolph (ibid., 98), 
Sawyer was of the opinion that "all orders for 
the King to pay Costs might be appealed 
from to the King and Council, and upon such 
appeal the Council might order money unduly 
levied to bee restored" (ibid., 99). 
395 Randolph questioned "whether that Government 
ought not to admitt of Appeales to 
His Majestie before and after Tryalls had in 
their Courts by Jury or otherwise?" and, 
secondly, "whether in Appeales made there 
by His Majestie's Officers and other His Subjects, 
good security ought not to been taken 
to answer before His Majestie here in England, 
and what course must bee taken if 
security bee refused?" (ibid., 100). To these 
questions Attorney General Sawyer replied 
that "there is no question but the Sovereignty 
remaining in the King, an Appeale doth lye 
to His Majestie in Councill as from Jersey and 
Guernsey, And His Majestie in Councill may 
give rules, in what Cases Appeales may bee 
allowed, and how prosecuted, and for what 
value, as hath been done in the case of Jersey 
and Guernsey, with consideration had to the 
greater distance of the place; for it would 
bee an infinite vexation to allow a Latitude 
of Appealing in any Case, or before His 
Majestie in Councill have settled Rules, onlesse 
it bee in some exorbitant Case, which may 
have influence upon the Government" (ibid., 
101). 
396 Ibid., 103. It was also noted that "their 
Lordships will report that Summons bee issued 
out to the persons concerned therein to 
attend in a competent time." 
397 2 APC, Col., $44. The respondents, 
either in person or by their respective attorneys, 
were to appear within four months after due 
notice, if they were still in any of the plantations; 
if elsewhere, then within such time as 
was sufficient for them to give their attendance. 

398 3 Edward Randolph, 112. But cf. the 
opinion of Attorney General Sawyer, supra, 
a. 394. 
399 He returned as deputy to William Blathwayt, 
the surveyor and auditor general of the 
revenues rising in America for the New England 
colonies, excepting New Hampshire. He 
was also collector of the customs by royal 
commission (1 ibid., 148-49). 
400 In the trial of the seizure of the Hope 
of Boston Randolph was cast on the ground 
that he had no warrant to seize the ship. "The 
Governor and Magistrate allowed his Patent 
sufficient Warrant and sent out the Jury three 
times, but they would not alter the Verdict. 
He appealed but that would not be granted 
tho' not absolutely denyed, till hee heard 
from the Agents his Majesties Pleasure therein" 
(3 ibid., 167). Randolph also complained'that 
he was served with execution for .£lOO either 
to deliver the Swallow, which he had seized, 
or to pay .£lOO, "this notwithstanding he has 
appealed to His Majesty in that Case as he