Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/471

 13. ANDREWS: COLONIAL CONDITIONS 457 and Dummer.^ In this petition the colony begged the King to confirm by an order in Council to the inhabitants of the province the lands already distributed under the intestate law, to quiet them therein, and to enable them to divide the lands of intestates in the same manner in the future. ^ The colony had already discussed at considerable length the wording of the petition, debating whether it would be best to ask for a confirmation by an Order in Council, or to apply for leave to bring forward a bill in Parliament. Belcher strongly advocated the latter method.^ Talcott in a forcible communication presented his fears of Parliament in case the matter were brought to its attention, and he had good reason to fear if we are to judge from later events. He was a prophet in his apprehension that it might lead Parliament to inquire whether the government had not accustomed itself to take the same liberty of making other laws contrary to the law of England ; and, further, that it might lead Par- liament to the opinion that the charter had not made them a government or province but only a corporation. Yet, on the other hand, it was equally true that neither the petition of Belcher nor the introduction of a bill in Parliament was needed, if that body had desired to end the privileges of the King in February, 1730; it was referred to the Committee on Ap- peals Apr. 10, and to the Board of Trade Apr. 15. The Order in Coun- cil and the Petition were read before the Board Apr. 21, and the letter of inquiry was sent to the Crown lawyers the next day. The Memorial of Winthrop in reply to the Petition was received and read on the 28th, and was sent to the Crown lawyers two days after. On the 13th of May, the Crown lawyers not having replied, a letter was sent to remind them of the Board's request. Finally, on Aug. 1, they replied and their re- port was read Aug. 13, when the preparations for the representation to the Committee of the Council were begun: a draught of the representa- tion was ordered on Nov. 12, and on the 18th a letter with the Petition and the Memorial was sent to Francis Fane. He replied on the 21st and his report was read on the 24th and the work upon the draught was continued. On Dec. 2, the agents, Dummer and Wilks with Winthrop, were summoned before the Board, and appeared and presented their case on Friday, the 4th. On the 8th the draught of the representation was agreed upon, and on the 31st it was signed. B. T. Papers, Proprie- ties, Entry Book, H, ff. 10-11, 23, 39. Journal, 40. ff. 90, 97, 104, 111, 209, 221, 295, 299, 303, 312, 316, 322, 339. tion sent down from the committee to the Board of Trade, instead of the transcript enclosed by Belcher in his letter to Talcott, Feb. 10, 1730, and printed in the Talcott Papers, I, pp. 187-190. • Talcott Papert, I, pp. 167-168.
 * The order of events may be briefly given. The petition was sent to
 * B. T. Papers, Proprieties, R. 108. I have used the copy of the peti-