sailed the existent instructions with the same threefold argument, but it was 
conceded that local judicial practice admitted appeals from the inferior courts 
to the Governor and Council under the instructional minimum. 16 A 
further memorial from petitioners set forth at length numerous objections to 
the existing instructions as to appeals. 17 To these objections it was answered 
in the main that petitioners were not parties in interest, that no complaints had 
come directly from the island. 18 The inconvenience of some of the proposed 
alterations was also pointed out. 19 The Board of Trade, apparently moved 
by the opposition argument, represented that no determination be made in 
the matter until the opinion of the Barbados government and of the island 
inhabitants was ascertained. 20 Conciliar approval obtained, 21 the Board of 
Trade ordered the governor to signify the consequences of the proposed alterations 
and the general attitude of the people thereto. 22 This reform effort 
came to nought, but, in the course of these hearings new instructions were 
16 Ibid., #1069. Since petitioners made their 
argument by counsel, which had not been 
ordered, the agents for the island were given 
liberty to be represented by counsel at the 
next hearing. 
17 Memorial of Everard Cater, November 16, 
1702 (ibid., #1164). (1) Most island suits 
were of less than value. (2) Writs of 
error which were appeals at common law, were 
allowed for small sums, it being governmental 
wisdom to keep inferior courts in awe and to 
rectify their mistakes. (3) The number of 
reversals on appeal from Barbados showed 
the probability of mistakes in law there. The 
Committee report was made by men who had 
sat upon many appeals and were qualified to 
judge the necessity thereof. (4) The instruction 
had an adverse effect on enforcement of 
the Navigation Acts. (5) Uncertainty of subject 
value resulted in impossibility of determining 
whether a case fell within the instruction. 
Complaint to England was necessary in such 
cases where appeals were denied below, these 
complaints being more vexatious and tedious 
than appeals. (6) A settled, sufficient damage 
(besides costs) on all appeals would prevent 
such inconveniences and discourage vexatious 
appeals. (7) The fortnight limitation was an 
unnecessary deviation from the common law 
by which writs of error were not limited in 
time. In many cases it was impossible to appeal 
within such time, as in the case of the 
death of parties or agents or in their absence. 
(8) It was frequently impossible to know 
within a fortnight the terms of a judgment or 
decree. (9) Security to answer a condemnation 
when execution was not stayed was a great 
hardship. The charge in all appeals being 
nearly the same, a sum certain might be appointed 
as security on all appeals, as in the 
House of Lords. 
18 Ibid., #1175. Before any alteration was 
made in the instructions, it was proposed that 
the Governor and Council and other principal 
planters and merchants in the island should 
be required to give their opinion whether any 
serious inconvenience attended the current instructions. 

19 Ibid. Sir Thomas Powys, counsel for the 
petitionary opposition, stated that all plantations 
had minimum and security requirements; 
that it was reasonable that sufficient security 
be given, since charges on appeals could not 
but be high. As to the fortnight limitation, 
he supposed there was no necessity of drawing 
up a formal appeal within such time, but 
only a declaration by the party that he would 
appeal. The inconvenience of six months suspense, 
as proposed by the Committee, was 
pointed out. Dodd, co-counsel, alleged that 
allowance of appeals without limitation would 
be fatal to poor litigants who could not be 
at the charge of coming to England to defend 
appeals. Counsel Hodges and Hawkins 
for petitioners reiterated the arguments of 
the memorial, but also took occasion to point 
out that the order of reference to the Board 
was not whether any alteration should be 
made or not, but for what lesser sums it 
should be made, and for what longer time 
than presently directed. 
20 Ibid., #1194. 
21 2 APC, Col., #856. 
22 CSP, Col, 1702-3, #20.