Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/462

 448 ///. THE COLONIAL PERIOD these disputes, would have been thoroughly perplexed as to whether they should obey the decree, in which case the foundation of the colony would have been " rip't up from the bottom and the country undone ; " ^ or whether they should disregard the decree, and so bring down upon the colony the loss of its charter. But the injustice would have concerned others besides those holding lands derived from intestate settlements. Creditors who had taken lands in payment of debts — a pro- cedure not in favor with the colony because of the cheapness of lands — would be defrauded, unless the lands, which might have considerably improved in their hands, had been made chargeable for the original loan and the improvements.^ Furthermore, the will and intent of many who had died intestate might have been frustrated, inasmuch as they, trusting in the colonial custom, with which they had been perfectly satisfied, had made no will.^ In addition to these results, so contrary to justice and equity, certain economic consequences would have inevita- bly followed the carrying out of the Order in Council, con- sequences detrimental not merely to the colony, but, judg- ing from the standpoint of her clearly avowed colonial policy, to England as well. The voiding of the law meant the abatement of husbandry. The towns of all New Eng- land, and of Connecticut in particular, were, at this stage of their development, predominantly agricultural. The results of such abatement would be a desertion of lands, a lessening of population, and a decrease in the supply to the neighbor- ing provinces, which, engaged in trade and fishery, were dependent on Connecticut for provisions.^ It was a clever stroke on the part of the colonial supporters of the law torney-General Northey, Aug. 7, 1703, upon an Act of New Hampshire for Confirmation of Town Grants, " it is fit that same be repealed for that it confirms all grants of lands that have heretofore been made unto any person or persons by the inhabitants of the respective towns within that Province or by the selectmen or a committee in each Town without having any regard to or saving of the right of any persons who might be entitled to the same before the making such grants." B. T. Papers, New England, M. 46. > Talcott Papers, I, p. 177. 'Ibid., I, pp. 144, 189, 234. *Ibid., I, p. 147.
 * Ibid., I pp. 122, 146-147.