bined with appeals, but such complaints were segregated and heard separately 
by the Committee. 394 Nevertheless, in Lillington v. Regina a complaint 
merged into an appeal 395 —a survival of the earlier confusion between complaints 
and appeals. In the sequel to this appeal a complaint was presented as 
to some irregular proceedings in the restitution of the fine as ordered by the 
Council. 396 Upon hearing this complaint the parties complained of waived any 
procedural objections, so that the matter was treated as an appeal. 397 The 
Committee also refused to decide administratively a matter which might come 
before it by way of appeal. 398 Yet an administrative recommendation might 
be combined with an Order in Council on an appeal. 399 Matters decided 
394 See the complaint o£ Samuel Eveleigh 
against Governor Hope of Bermuda (3 APC, 
Col., #70); of Bonaventura Capedivilla 
against Colonel Cosby, Minorca governor (PC 
2/88/274, 285, 503, 530); of Antonio Ruby 
against Lieutenant-Colonel Pinfold of Minorca 
(PC 2/95/89); of Simon Olivar against Brigadier 
Anstruther of Minorca (PC 2/95/148, 
162, 207, 270, 283; PC 2/96/69; PC 2/101/ 
459, 532). 
395 Compare PC 2/81/5, 8 with PC 2/81/33. 
See also CSP, Col., 17045, #1483 i. The case 
is discussed injra, pp. 306-7. 
386 Lillington complained that upon his return 
to Barbados armed with the Dec. 13, 
1705, Order in Council he was imprisoned 
for high treason until by the threats of one 
William Walker he was compelled to sign a 
receipt for the repayment of £ 2,000 which 
he never received. Upon a report of the Attorney 
General off" the petition the matter was 
referred to Governor Crowe to examine the 
allegations and report thereon, as the duty 
devolved upon him to see the flouted order 
obeyed (PC 2/81/312). In May, 1709, an 
address of the Barbados Assembly concerning 
the obstruction of justice and evasion of trial 
of Walker, indicted for prosecution of Lillington 
on charges of high treason until extraction 
of the receipt for was referred by the 
Council to the Board of Trade (PC 2/82/321; 
CSP, Col., 1708-09, #518). In July, 1709, 
Lillington complained against the proceedings 
of a Grand Jury of Dec. 14-17, 1708, 
and petitioned to be heard by counsel against 
such proceedings (for the proceedings see ibid., 
#396 iv) and against an erroneous acquittal 
of Walker entered by one Mackaskell, the 
deputy clerk of the crown. It was ordered by 
the Council that the petition and the above 
assembly address be referred to the Committee 
to consider and report (PC 2/82/345). 
307 The Committee heard the parties with their 
counsel, "defendants having waived their 
objections against the irregularity of the said 
complaint without entering any appeal thereupon 
and agreeing to insist only on the merits 
of the cause," and ordered a further hearing 
(PC 2/82/394). Upon the further hearing at 
the instance and with the consent of the 
parties, it was advised that the judgment 
entered in the Court of Grand Sessions in 
December, 1708, for the acquittal of Walker 
be affirmed; that proceedings against Mackaskell 
be halted and that he be discharged from 
any recognizance; that no proceedings be had 
against any person in the matters complained 
of; .that the Attorney General of Barbados 
enter nolle prosequi's on several recognizances 
of Mackaskell and his securities (PC 2/82/ 
494, 5i7). See also the Minorca appeal of 
Capedivilla v. Rex where the respondent 
waived certain matters of form so that the 
appeal could be quickly heard on the merits 
(PC 2/88/274). In Mackie v. Mauger from 
Guernsey respondent consented to an appeal 
and waived all advantages that might have 
been taken for want of due form in bringing 
over the appeal (PC 2/82/303); compare an 
earlier step where the cause was dismissed as 
not brought by way of appeal (PC 2/82/263, 
274). 
3!>S PC 2/91/67. Upon a 1729 complaint by 
the Admiralty of interference by the North 
Carolina Provincial Court with the Vice- 
Admiralty Court, the Committee "apprehending 
that this point of jurisdiction may be likely 
to come before them by way of appeale are 
of opinion to postpone the consideration of 
this memoriall" (3 APC, Col., #186). 
399 In Arnold v. Regina, a Barbados misdemeanor 
appeal, it was advised and ordered 
that one Simon Lambert, Justice of the Peace, 
be removed from office for misconduct (PC