T.XImo Carl Primi,' and the patentees, T.Eaton, Sir H.Rowsell, Sir John Young, Sir Richard Saltonstall, John Ven, George Harmood, Richard Perry, Thomas Hutchins, Nathaniel Wright, Samuel Vassall, Thomas Goffe, Thomas Adams, John Brown pleaded a disclaimer of any knowledge of the matters complained of, and that they should not 'for the future intermeddle with any the liberties, privileges and franchises aforesaid, but shall be for ever excluded from all use and claim of the same and every of them." "Matthew 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 neglect or contempt by them shewed therein, their Lordships will cause a strict course to be taken against them, and will move his Majesty to resume into his hands the whole Plantation.'" (_Ib._, pp.

118, 119.)] [Footnote 72: "To the Right Honourable the Lords Commissioners for Foreign Plantations.
"The humble Petition of the Inhabitants of the Massachusetts Bay, in New England, of the Generall Court there assembled, the 6th day of September, in the 14th year of the Reigne of our Soveraigne Lord King Charles.
"Whereas it hath pleased your Lordships, by order of the 4th of April last, to require our patent to be sent unto you, wee do hereby humbly and sincerely professe, that wee are ready to yield all due obedience to our Soveraigne Lord the King's majesty, and to your Lordships under him, and in this minde wee left our native countrie, and according thereunto, hath been our practice ever since, so as wee are much grieved, that your Lordships should call in our patent, there being no cause knowne to us, nor any delinquency or fault of ours expressed in the order sent to us for that purpose, our government being according to his Majestie's patent, and we not answerable for any defects in other plantations, etc.
"This is that which his Majestie's subjects here doe believe and professe, and thereupon wee are all humble suitors to your Lordships, that you will be pleased to take into further consideration our condition, and to afford us the liberty of subjects, that we may know what is layd to our charge; and have leaive and time to answer for ourselves before we be condemned as a people unworthy of his Majestie's favour or protection.

As for the _quo warranto_ mentioned in the said order, wee doe assure your Lordships wee were never called to answer it, and if we had, wee doubt not but wee have a sufficient plea to put in.
"It is not unknowne to your Lordships, that we came into these remote parts with his Majestie's license and encouragement, under the great seale of England, and in the confidence wee had of that assurance, wee have transported our families and estates, and here have wee built and planted, to the great enlargement and securing of his Majestie's dominions in these parts, so as if our patent should now be taken from us, we shall be looked up as renegadoes and outlaws, and shall be enforced, either to remove to some other place, or to returne into our native country againe; either of which will put us to unsupportable extremities; and these evils (among others) will necessarily follow.
(1.) Many thousand souls will be exposed to ruine, being laid open to the injuries of all men.