Cradock [first Governor of the Company] comes in, having had
time to interplead, etc., and on his default judgment was given, that he
should be convicted of the usurpation charged in the information, and
that the said liberties, privileges and franchises should be taken and
seized into the King's hands; the said Matthew not to intermeddle with
and be excluded the use thereof, and the said Matthew to be taken to
answer to the King for the said usurpation."
"The rest of the patentees stood outlawed, and no judgment entered
against them."
Collection of Original Papers relative to the Colony of Massachusetts
Bay (in the British Museum), by T. Hutchinson, Vol. I., pp. 114-118.]
[Footnote 71: The following is a copy of the letter sent by appointment
of the Lords of the Council to Mr. Winthrop, for the patent of the
Plantations to be sent to them:
"At Whitehall, April 4th, 1638:--
"This day the Lords Commissioners for Foreign Plantations, taking into
consideration the petitions and complaints of his Majesty's subjects,
planters and traders in New England, grew more frequent than heretofore
for want of a settled and orderly government in those parts, and calling
to mind that they had formerly given order about two or three years
since to Mr. Cradock, a member of that Plantation (alleged by him to be
there remaining in the hands of Mr. Winthrop), to be sent over hither,
and that notwithstanding the same, the said letters patent were not as
yet brought over; and their Lordships being now informed by Mr.
Attorney-General that a _quo warranto_ had been by him brought,
according to former order, against the said patent, and the same was
proceeded to judgment against so many as had appeared, and that they
which had not appeared were outlawed: 'Their Lordships, well approving
of Mr. Attorney-General's care and proceeding therein, did now resolve
and order, that Mr. Meawtis, clerk of the Council attendant upon the
said Commissioners for Foreign Plantations, should, in a letter from
himself to Mr. Winthrop, inclose and convey this order unto him; and
their Lordships hereby, in his Majesty's name and according to his
express will and pleasure, strictly require and enjoin the said
Winthrop, or any other in whose power and custody the said letters
patent are, that they fail not to transmit the said patent hither by the
return of the ship in which the order is conveyed to them, it being
resolved that in case of any further neglec
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