eery Court. 388 Attorney General Northey, upon consideration, stated that 
it is not usuall for Her Majesty to interpose in causes between party and party depending 
in Her Majesty's courts of justice by giving directions in what manner the 
judges of such courts shall proceed therein, nor will it be proper, for that when there 
shall be an appeal from the final decree in such causes, the same and all the proceedings 
therein, are to be laid before Her Majesty for her royal determination 
thereon. 
But since the circumstances were hard and the manner of proceedings admittedly 
novel and different from English usage, it was submitted that an 
account of the English practice be transmitted to the governor with a direction 
to see justice done. 389 This was accordingly ordered by the Council. 890 
In 1709, in Elliot v. Perne from the Leeward Islands, a petition of appeal in 
the nature of a complaint against a Court of Common Pleas judgment was dismissed 
as not regularly brought by way of appeal. 391 In 1725, in a case of conflicting 
land grants in St. Christopher, one Jeremiah Brown petitioned the 
Council Board that the governor be instructed to maintain petitioner in possession 
until an ejectment action brought by John Burnet was decided on 
appeal to England. Philip Yorke was of the opinion that Brown should be 
continued in possession, 
but this being an application to his Majesty not in a judicial way, no cause being 
depending, but only for the exercise of his prerogative to determine his royal 
pleasure between two persons, who both claim to be tenants at will to the Crown, I 
humbly apprehend your Excellencies cannot legally make any order to stay Mr. 
Burnet's proceeding in the ejectment, because so long as his grant continues undetermined 
he cannot be restrained by any extrajudicial order from using his legal 
remedy to recover the possession. 392 
However, the matter was ultimately settled by a new grant to Brown. 393 
In some few instances complaints against dominion executives were com- 
(1702), 6. For discussion of the complaints of 
both Mead and Freeman from a pro-Codrington 
bias see Harlow, Christopher Codrington 
(1928), 130-45- 
388 CO 28/ 9 /#i s i. 
389 CSP, Col, 17045, #1494. 
390 2 APC, Col, #977. 
391 Petitioner complained of several unjust proceedings, 
particularly of a July 15, 1707, judgment 
of the Court of Common Pleas from 
which petitioner appealed. Prayer was made 
that before the appeal was heard the governor 
should be directed to examine into the alleged 
indirect and unjust practices and transmit a 
report of the same and such affidavits as might 
be taken therein to the King in order to petitioner's 
relief (PC 2/82/40). The Committee 
ordered that the petition be sent to Governor 
Parke to examine the allegations thereof and 
return to the Committee a true state of the 
proceedings in trying petitioner's right to two 
certain plantations (PC 2/82/123). Upon considering 
the answer of Governor Parke and 
hearing the parties, the Committee advised 
dismissal and it was accordingly ordered (PC 
2/82/312, 317). 
392 Add. MS, 36,141/72-75. 
393 3 APC, Col, #78.