The Magazine of History With Notes and Queries, Vol. 10: July December, 1909 (Classic Reprint) - Hardcover

William Abbatt

Hardcover

ISBN 10: 0332336220 ISBN 13: 9780332336220

Publisher: Forgotten Books, 2018

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Excerpt from The Magazine of History With Notes and Queries, Vol. 10: July December, 1909

Thirteen years later, on the accession of Charles II., to our surprise we find Connecticut alleging this patent as the legal basis of its existence, and therefore compelled to assume a prior grant from the Council to Warwick, which he had unaccountably forgotten to insert in the deed. But the colony had no formal standing in law, and grasped at any straw of one. The grantees of the new defunct Council (there were three to Connecticut soil as we know it, the Dukes of Hamilton and Lennox and the Earl of Carlisle) might resort to the courts for effective possession of the lands usurped by the squatter swarms, or the new monarch might otherwise abolish the irregular existence of the province. Winthrop, now governor, was sent over with formal instructions to find if possible a copy of the Warwick patent, and have it confirmed; otherwise a new' charter making the western bounds of the colony extend at least to Delaware Bay. What private instructions or understandings supple mented these, cannot be known, but may be inferred from what is to come. It is curiously significant, however, that the first draft contained a passage finally expunged, directing him, in case he could not gain a boundary at least as far west as the Hudson, to drop the proceedings, as it was not worth while to spend money on any less favorable charter. Obviously the real reliance was not on either the old patent or a new one, which were convenient, but not indispensable; but on the equities of actual settlement as against paper grants not made good. The sequel showed that this was in fact their safe holding ground.

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