Winthrop thereupon
entered his appeal to the Privy Council, whose jurisdiction was
peremptorily denied.
From what afterward took place, the inference is that Christophers shrank
from assuming alone so great a responsibility as now devolved upon him,
and persuaded his brethren to share it with him; for the superior court
proceeded to issue letters of administration to Lechmere, and took his
bond, drawn to themselves personally, for the faithful performance of his
trust. This was a most high-handed usurpation, for the function of the
higher tribunal in these matters was altogether appellate, it having
nothing to do with such executive business as taking bonds, which was the
province of the judge of probate.
However this may have been, progress was thenceforward rapid. In April
Lechmere produced a schedule of debts, which have at this day a somewhat
suspicious look, and when they were allowed, he petitioned the legislature
for leave to sell land to pay them. Winthrop appeared and presented a
remonstrance, which "the Assembly, observing the common course of justice,
and the law of the colony being by application to the said Assembly, when
the judgments of the superior courts are grievous to any person...
dismissed," and immediately passed an act authorizing the sale, and making
the administrators' deed good to convey a title.
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