be erroneous or illegal in order that if worthy of further removal they might be 
ultimately determined before the dernier resort for all laws arising in the plantations, 
his Majesty in his Privy Council. 172 
The Attorney General then outlined a method of appeal that would legally 
and constitutionally fulfill the end and intent of the royal instruction. 
On a petition of appeal to the Governor by either party to a suit in the Court of 
Common Pleas complaining of error in the law in the proceedings or judgment 
in such suit and that the sum or value in dispute exceeds sterling which part 
should be verified by affidavit the Governor may grant an order for issuing a writ 
of error under the Great Seal [according to an annexed form]. 173 
This writ signed by the Governor should be lodged with the Chief Justice or 
clerk of the pleas by the appellant who must give bail or security by recognizance 
in that court to the effect required by this instruction and the statutes of 3 James I, 
c. 8 and 16, 17 Charles 11, c. 8 which are of force in this province. This being done 
and not before, the writ should be allowed by the Chief Justice and a certificate of 
such allowance being served on the defendant in error or a supersedeas issued upon 
allowing the writ by the Chief Justice, execution will be thereby stayed till some determination 
is had by the Governor and Council. 
The writ must be returned agreeable to the tenor of it by the Chief Justice together 
with a transcript of the record and the superior courts being thus regularly 
possessed of the cause must incidently have power to make such reasonable rules 
and orders as may be necessary for bringing it to a determination, it would be 
proper to establish a set of general standing rules or orders to be observed in conducting 
the proceedings in cases removed into this court and a little experience will 
shew the necessity of such a step and of having stated times for the court's meet- 
172 j 2 507-12. 
173 32 ibid., 509-12. The body of the writ 
was as follows: "To our trusty and well beloved 
A B Esq. Chief Justice of our province 
of South Carolina greeting. For as much as in 
the record and process and also in giving of 
judgment in a plaint which was in our Court 
of Common Pleas in our said province before 
you and your associate our justice of the said 
court by our writ between C D and E F of 
a plea of debt, etc. as the case may be, as it 
is said manifest error hath intervened to the 
great damage of the said C D as by his appeal 
to our Lieutenant Governor and Council 
of our said province, we are informed and 
we being also informed on the said complaint 
of the said C D that the sum or value by him 
appealed for exceeds sterling and therefore 
willing that the said error if any be duly 
amended according to the form of our royal 
instruction to our said governor in such cases 
provided and full and speedy justice done 
to the said parties in this behalf do command 
you that if judgment, be given thereupon and 
security shall be duly given by the said appellant 
to answer such charges as shall be 
awarded by our said Lieutenant Governor 
and Council in case the first sentence be affirmed, 
then you send to us before our said 
Lieutenant Governor and Council distinctly 
and plainly under your seal the record and 
process of the said plaint with all things 
touching the same and this writ so that we 
may have them before our said Lieutenant 
Governor and Council in our Council Chamber 
at Charlestown in our said province the nth 
day of May next that inspecting the record 
and process aforesaid we may cause further 
to be done thereupon for amending the said 
error of right and according to law shall be 
meet to be done."