any charges awarded in case of confirmation and that execution be not suspended 
by reason of any appeal. 53 
In 1684 supplementary Barbados instructions were issued, directing that no 
appeal be allowed unless made within a fortnight after sentence and that 
appellant give good security to prosecute with effect and to answer the condemnation, 
and also to pay all costs and damages awarded. 54 It is probable that 
these regulations stem from a Lords Committee investigation instigated by 
Governor Dutton into the manner of allowing appeals. 55 These two Barbados 
provisions were used in 1685 to replace the security provision of the earlier 
Jamaica instructions. 56 Although the Bermuda instructions of 1686 followed 
substantially the Barbados instructions of 1680 and 1684, substituting a ,£lOO 
minimum, 57 the 1685 Jamaica instructions became the prototype for instructions 
in 1686 to the Leeward Islands, in 1689 to Barbados, and in 1690 to Bermuda. 
The Leeward Islands minimum was placed at ,£300; that for Bermuda, 
at 58 
In the continental colonies the first instrument to mention appeals to the 
King in Council is found in the 1679 commission to John Cutt as President 
of the Council of New Hampshire. By this commission, appeals were to be 
permitted to the King in Council in all causes, both real and personal, in which 
more than was involved, the appellant first entering into security to pay 
full costs in case of affirmance upon appeal. 59 But this recourse was scarcely 
53 1 Labaree, Royal Instructions, #445. This 
instruction also issued at the instance of Jamaican 
merchants and planters (CO 391/3/241- 
42). Cf. the enigmatic July 25, 1685, order of 
the Lords Committee that no appeals to the 
King be admitted in Jamaica in any action 
under £500 (CO 391/5/1-70). 
54 1 Labaree, Royal Instructions, $444. 
55 On August 17, 1683, Sir Richard Dutton 
proposed that he receive directions as to allowing 
appeals. The Lords Committee resolved to 
appoint a day to consider the manner of admitting 
appeals from the plantations to the 
King in Council (CO 391/4/182-83). On 
August 24 it was ordered that the instructions 
to Lord Culpeper and other governors concerning 
appeals be considered by the crown law 
officers in order to a more practicable settlement 
of such appeals (ibid., 190). On September 
25 the 64th paragraph concerning appeals 
was referred to the consideration of the Lord 
Keeper, who was to be attended by the Attorney 
General and the Solicitor General 
thereon (ibid., 198). On October 2 a letter was 
dispatched to the Attorney General with ex- 
tracts of commissions in the plantations touching 
the manner of allowing appeals to the 
King in Council (ibid., 209). On December 1 
a further Dutton prayer for direction in the 
method of allowing appeals was referred with 
the matter of appeals from all the plantations 
to the consideration of the Attorney General 
(ibid., 242, 248-49). But we have seen no report 
from the Attorney General. 
56 1 Labaree, Royal Instructions, #445. 
57 Ibid., #443, 444. The clause preventing 
legislative restraints upon appeals to England 
was addressed to prospective legislation. 
58 Ibid., #445. The X3OO Leeward Islands 
minimum was raised to in 1689. 
59 1 Laws of New Hampshire, 4. A province 
act of March 16, 1679/80, gave the General 
Assembly with the President and Council 
power to hear and determine all actions of 
appeal from inferior courts, whether of a civil 
or a criminal nature (1 ibid., 24). But it was 
alleged that this act was beyond the power of 
the Assembly, since the royal commission appointed 
appeals to the King in Council (Trans. 
Orig. Doc. Rel. N.H., 94).