i 54 THE SETTLING OF JURISDICTION 
mendations were incorporated in a December 17, 1702, Order in Council. 120 
Neither party placed sole reliance upon the judicial process to establish or 
enforce his rights. As soon as his appeal issued unfavorably, Allen, by petition, 
pressed his claims upon the attention of the Board of Trade, particularly as 
to the waste and unimproved lands in the province. l2l The Board of Trade 
entered into a consideration of the matter, 122 but was advised by the Attorney 
General that although Allen had good title, it would not be proper for the 
crown to intervene unless the matter was presented on appeal from the provincial 
courts. 123 However, it was advised that a direction could reasonably 
be given that in trials of titles in the province matters of fact should be specially 
found by the juries, so that such matters of fact might appear on appeal to the 
Queen in Council. 124 Stressing the hostility of judges and juries to Allen and 
the delay encountered in enforcing his claims, the Board of Trade advised the 
Queen in Council in terms of the Attorney General's opinion 125 and was 
ordered to instruct Governor Dudley accordingly. 126 Partiality destructive of 
justice on the part of the pro-Allen forces was also guarded against. 127 This 
incident may be taken as a recognition of a policy of royal nonintervention in 
matters capable of judicial settlement in colonial courts. It strengthened the 
colonial judiciary, although guarding the right of appeal, but probably at the 
expense of imperial control and efficiency. 
The New Hampshire settlers also resorted to extrajudicial measures for 
resistance to the claims of Allen. In September, 1701, two acts were passed 
under Lieutenant-Governor Partridge the effect of which was to bar Allen's 
taken in writing to the end of fuller information 
on appeal. 
120 P c 2/79/269; 2 Doc. and Rec. Rel. Prov. 
N.H., 545-47. 
121 CSP, Col, 1702-3, #65-66, 132. 
122 Ibid., #96, 134, 199, 204. 
123 29 N.H. State Papers, 296. The opinion 
stated that Allen might take possession of the 
waste lands, and if he were disturbed in that 
possession, it would be proper for him to assert 
his rights by legal proceedings in the courts 
of the province. 
124 Ibid. 
125 CSP, Co!., 1702-3, #564. In addition to 
special findings of matters of fact, the Board 
advised that exemplifications of the entries 
of all proceedings and other papers relating 
to the settling of the title to the lands should 
be delivered under the province seal to parties 
desiring them; again for the fuller information 
of the Queen in Council on appeal. 
126 Ibid., #565. William Vaughan protested 
to the Board of Trade that if Allen were put 
in possession of the waste lands, the inhabitants 
would lose their commons, which they 
had enjoyed as long as their other estates 
(ibid., #672). Cf. ibid., #698. 
127 It was advised by the Board of Trade that 
John Usher in his commission as New Hampshire 
Lieutenant-Governor should have express 
directions not to "intermeddle" in any manner 
with the appointing of judges or juries or 
otherwise in matters relating to the disputes 
between Allen and the inhabitants; Dudley 
was to be empowered to give all necessary 
directions in the matter and to appoint the 
judges and other officers concerned {ibid., 
#789). For the instructions to Dudley see 2 
Doc. and Rec. Rel. Prov. N.H., 405-6. Fear 
of partiality by Usher was founded in part 
upon an October, 1701, mortgage from Allen 
to Usher of part of the lands claimed (29 N.H. 
State Papers, 159).