in favor of the Lechmeres, and praying that the act empowering Lechmere to dispose of the realty of petitioner might be repealed. It was also prayed that all proceedings upon new actions lately commenced against petitioner for rents and profits of the realty might be stayed until the King's further order. 102 Not resting content with a mere appellate approach in the litigation proper, Winthrop, a month later, presented a petition to the King in Council containing several articles of complaint against the Governor and Company of Connecticut and praying that their charter might be recalled for their great abuse of the powers vested in them. 103 Upon consideration of the petition for leave to appeal and upon hearing counsel for both parties the Committee reported on February 18, 1726/7, advising allowance of the appeal upon giving the usual sterling security. 104 At the same time the Committee advised that a copy of Winthrop's complaint be sent to the Governor and Council to return an answer in writing before December i. 105 The respective Orders in Council embodying these reports were issued on March 28, 1727, and Winthrop immediately gave the required security. 100 On May 13, 1727, Winthrop's petition and appeal praying for a short day for a hearing was referred to the Committee to hear and report thereon. 107 In November, Lechmere memorialized the Committee that the hearing be put off till next June in regard that memorialist was lacking several papers and proceedings from New England, but Winthrop's solicitor offering to supply copies thereof, the Committee peremptorily ordered the appeal heard on December 14. 108 On December 16 the appeal came on for a hearing before the Committee, and counsel for appellant, Attorney General Yorke and Solicitor General Talbot, were heard. 109 102 PC 2/89/297; 6 Winthrop Papers, 466- 67. It was also prayed that the governor of Massachusetts be directed not to suffer any division or sale to be made of intestate's estate in that province. For the lately commenced actions see ibid., 472; MS Conn. Superior Ct. Rec., 1724-27, sub Sept. 27, 1726. 103 PC 2/89/319. This petition is to be found in PC 1/48 and is calendared in 6 APC, Col., #367. Consisting of twenty-nine articles, twenty-one to twenty-seven were repetitive of the allegations set forth in the petition for leave to appeal from the various proceedings commenced by Lechmere. 104 PC 2/89/330. 105 PC 2/89/330-31. Service of the order and petition of complaint on Jeremiah Dummer, the colony agent in London, was to be deemed sufficient service. But on February 13 Dummer had written Governor Talcott that he had just received a summons from a public solicitor to attend at Whitehall on the next Council day and answer the complaint then to be exhibited. He asked for a speedy remission of at least ,£lOO, since every hearing would cost him 40 guineas and the other side, which employed solicitors and attorneys, a great deal more (i Talcott Papers, 90). 106 PC 2 /89/338-39; 6 Winthrop Papers, 467. i" PC 2/89/357. 108 PC 2/90/186. It was alleged by appellant that no affidavits were made in support of the motion nor any particular papers designated (6 Winthrop Papers, 468). In the colony Lechmere had moved for a rule of distribution, but being informed of the appeal and complaint the court advised thereon (MS Conn. Superior Ct. Rec., 1724-27, sub Sept. 26, 1727). A further motion on March 26, 1728, met with a continuance (ibid., sub March 26, 1728). 109 pc 2/90/193. The members of die Council sitting on the appeal, according to the Privy Council register, were the Archbishop of York, the Lord President (Duke of Devonshire), the