chapter II
from 1694 to 1776, at annapolis

OR a period, then, of about thirteen years
before 1694, when the royal governor
Francis Nicholson came to the province,
there had been apparently no writs of error issued,
"according to the practice of Parliament", for re-
views by the Upper House of Assembly, or Gover-
nor and Council. Governor Nicholson's commis-
sion from the King contained instructions for the
development of this appellate jurisdiction, and
also that of the Privy Council, or King in Council,
on appeal from the Governor and Council of the
province. The instructions were:

we do further by these presents will and require you to per-
mit appeals to be made in cases of error from our courts in
Maryland unto our Governor and Council in civil causes, pro-
vided the value appealed for do exceed the sum of one hundred
pounds sterling, and that security be first duly given by the ap-
pellant to answer such charges as shall be awarded in case the
first sentence shall be affirmed. And, whereas we judge it
necessary that all our subjects may have liberty to appeal unto
us in cases that may require the same, our will and pleasure is
that if either party shall not rest satisfied with the judgment or
sentence of our Governor or Council, they may then appeal
unto us in our Privy Council, provided the matter in difference
exceed the real value and sum of three hundred pounds sterling
and that such appeal be made within one fortnight after sen-
tence and that security be likewise duly given by the appellant
to answer such charges as shall be awarded in case the sentence
of the Governor and Council be confirmed, and provided also
that execution be not suspended by reason of any such appeal
unto us.¹

1. Archives, Proc. Council, 1693 to 1696/7, 86.