ernor might be ordered or given the opportunity to appear and answer personally; 
206 for in these criminal causes, confined to the insular possessions, 
upon questions of law were superimposed political considerations. These appeals 
were usually only one form of attempt to secure relief against arbitrary 
colonial executives or to sow discredit for factional reasons. 207 At this period 
imperial control had not made effective strides in coping with the personnel 
of these governments. 208 Therefore, it is not surprising to see an appeal merging 
into a complaint or being instrumental in effecting the recall of a governor 
209 
The first step in the normal Committee procedure in hearing an appeal 
on the merits was the reading of the petition of appeal. Then the parties attending 
with their counsel were called in, and the oral argument of counsel 
was heard, 210 for in most cases both parties appear to have been represented by 
counsel. 211 Some preliminary "pleadings" preceded the hearing of the merits 
reported the prosecution vexatious and recommended 
remission of the fines (ibid., #494; 
PC 2/71/222). In Hallett v. Rex appeals were 
taken from a sentence of a Barbados Court of 
Oyer and Terminer of August 29, 1692, imposing 
a .£350 fine (CSP, Col., 1689-92, 
#2417) and from the confirmation by the 
Governor and Council of an August 24, r692, 
judgment of the Court of Exchequer forfeiting 
a £ 2,000 recognizance for good behavior 
(ibid., #2681, 2683). The governor 
also answered the petition of appellant in 
this cause (CO 391/8/150). Governor Kendall 
was given notice of the hearing (CSP, Col., 
1 693-96, #2166) and appears to have attended 
thereat. He was probably represented 
by Littleton, the Barbados agent (CO 391/8/ 
150). 
206 An enquiry by the Committee into an appeal 
and complaints by Samuel Hanson against 
Governor Dutton of Barbados was deferred 
until the arrival of Dutton (CSP, Col., 
1681-85, #935)- In Witham v. Rex (supra, 
n. 205) the parties were ordered to come 
home without delay (CSP, Col, 1685-88, 
#97); cf- Hallett v. Rex, supra, n. 205. 
207 See the accusations and counteraccusations 
in Hanson v. Rex (CSP, Col., 1681-85, #79i» 
797, 826, 915). Some of Hanson's complaints 
were investigated before his appeal was heard 
(ibid., #1014). 
208 The first effective step and the measure 
which curtailed criminal appeals during the 
next century was the 1700 Act of Parliament 
to punish plantation governors for crimes com- 
mitted in the plantations, n and 12 William 
111, c. 12. 
209 See the articles of misdemeanor exhibited 
by Hanson against Governor Dutton of Barbados 
(CSP, Col., 1681-85, #1409)- Dutton 
was ordered to answer these by the Council 
Board (PC 2/70/75). See his answer in CSP, 
Col., 1681-85, #1435; cf. Harlow, op. cit., 
258-59. Governor Goddard of Bermuda was 
recalled in part for his prosecutions of Isaac 
Richier, which were revealed upon petitions 
for leave to appeal (PC 2/77/12; cf. PC 
2/76/241). 
210 See inter alia CO 391/6/27, 112, 119; CO 
391/7/80; CO 391/8/71. In at least one appeal 
printed "cases" were used by both parties 
(Sharpe v. Dun, CO 28/2/106 I, II). The 
appellant's Case recited the facts in the cause 
and the lower court proceedings therein, 
setting forth the allegations of errors below at 
great length. The main issue was whether the 
statute of non-claime extended to the cause; 
appellant's Case terminated with six reasons 
why it should so extend. 
211 Cf. the hearing of three William Vaughan 
appeals from New Hampshire; in the first appeal 
no counsel was heard, seemingly; in the 
other two only appellant counsel was heard 
(CO 391/6/38-39). But in the Orders in 
Council based on the Committee reports it is 
stated that both counsel were heard in all 
three appeals (PC 2/71/355-56). Where a 
colonial official was involved, he might be 
represented by the Attorney General (CO 
391/6/137).