since calling in, and have only about twelve or thirteen thousand pounds outstanding.

To the 8th Article: The Charter doth noway direct to send the laws home for approbation.

To the 9th Article, That laws have been made directly contrary to the common and statute laws, in violation of the Charter.

If any such thing hath been done (as hath been answer'd in times past) it has been thrô ignorance, and [we] have and do stand ready to repeal any such laws, whenever they shall be so directed. Yet they

do understand that clause in the Charter to have reference only to the Statutes which should or had been made for the Plantations, and they might notwithstanding make laws diverse from the common law and Statutes made for the Realm of England, Dominion of Wales, and Town of Berwick upon Tweed. And if this opinion be right, I suppose it might be a sufficient answer to the next five following Articles, yet I shall say something to each of them as I pass along.

As to the impost of Liquors in the 10th Article: a duty of 15b. an hh'd. to prevent a growing iniquity was laid, to begin in May, and in October following was reduc'd to 3d per gallon, and the improvement of it being for the support of the Gov', it has been concluded to be for his Majties service. To the 11th Article, wherein 'tis charged as a presumption to give liberty, and to lay a duty 128. 6d. per cent.

It's an ancient law of the Govt in which are these cautions if not by law prohibited, and that they strictly observe all Acts of Parliament respecting Navigation and Trade. And as to the duty on goods therein mentioned, it was Resolved by Act of the

Assembly in October last, that by all persons in that Act, hath, is and shall be understood only those who come into this Colony out of some of the neighboring Governments. See the Resolve, No.

As to the 12th Article: It seems so contrary to common reason to suppose that a Corporation for Government should be created or erected, and no means suffered for its own nourishment and support, that I shall say nothing to it.

As to the 13th Article: 'Tis true that Acts have been passt to prevent ungovern'd persons who often prove vicious, chargeable and burthensome to Towns, from thrusting themselves among them without their consent, under any colours or pretences therein enumerated, and when experience had taught that some ill minded persons would notwithstanding, contrary to the true intent and meaning of that law, under pretence of the sale of a few feet of land, introduce such persons, it was further provided, that when any such persons would contrary to the true intent and meaning of that Act, thrust themselves into a town under colour of such purchase, that the vendor should sustain the penalty of 20th. By strangers are not to be understood those that are so with respect to the Colony, but with respect to that particular town. See the Acts, No.

With respect to the 14th Article, which I suppose is the principal thing the Petitioner has in view. So far as I have understood, in all the Colonies in New England, the daughters and the younger sons are admitted to inherit their fathers estates in equal portions, and the eldest in a double portion, and the Massachusetts law I presume hath been approv'd. From the beginning of these Plantations it has been both before and since the Charter. The variations

from this ancient Rule of Descents have been in favour of the sons, and of the eldest son; and they have been in these two articles; if the estate be likely to be damnified by dividing the land, the eldest shall have it, paying to other children their rateable parts; and that the daughters shall take their portions in moveables, so far as they will extend, and the residue only in the lands.

To the 15th and 16th Articles I think there needs no answer, there being no law mention'd whereby the common law is deny'd, nor any Statute for the Plantations the benefit whereof has been deny'd to any man.

This I have observed and understood, that in all our Courts the tables are as well spread with books of the common law as the poverty of our Country will admit, and beyond what could be reasonably imagin'd.

The 17th Article is so gross a mistake that I blush to mention it, seeing there is an whole Chapter of capital laws, and so many have suffered death by the hands of Justice.

The 18th is a charge against the Colony for improving the most able men to fill our seats of judgment.

The 19th Article chargeth the Govt with suffering the Justices to do some thing in opposition to the Court of Admiralty, without giving one single instance of any such matter, of fact, and I am not able to name any.

The 20th Article is, That there are special Courts called, and but six days warning to be given to answer. 'Tis the same length of time as is allow'd in all other Courts, and appeals and reviews are there allowed as in all other Courts.

To the 21st Article I can only say, that the constant usage in this Colony is, when any person is aggrieved with the sentence and determination of the Superior Court, to prefer a Petition to the General Assembly, in form of a writ of errour, or otherways, according to the nature of the cause of his failing to have justice done him, and is constantly reliev'd. All causes are removable by appeal from the Probates to the Superior Court, which is a Superior Court of Probates.

To the 22 Article. The laws of this Colony oblige all men to pay their honest debts, and when any person dyes in debt, no part of his estate is settled on his heirs till the debts are paid, and in case there be not personal estate enough to pay them, upon application made to the General Court or Assembly for liberty to sell so much of the intestates lands as is needful to pay his debts, it's granted, as you may see it was in this case, No. which was all the approbation of the pretended uncommon male administration of the Superior Court that I know of.

The 23 is a charge of irregularity in the Courts, which he would shew in the 24th and 25th Articles.

24. It's not the business of Courts to return actions, but when any are return'd which will not lye, I presume it's their proper work to dismiss them, as happen'd in the case of the Petitioner.

25. The law of this Colony gives the defendant liberty to plead generally or specially, and when the pleadings issue in a demurrer in law only, ad questionem legis respondent Judices, as happened &c.

To the 26th Article. At the first hearing, before the Superior Court, the Chief Judge who was then present inform'd me that Mr Winthropp demanded an appeal to England; but he inform'd him that it was

not a season for it, not having gone thrô a course of law here. A Review to the same Court, and then a Petition to the General Assembly, in case the law should be again mistaken by the Court, in his apprehension, were the measures to be taken by him before it would be proper for him to seek for relief before the King and Council. Out of the great veneration he had for his Ancestors, lest the opinion that he inherited their authority as well as their estates should carry him forth to such a degree as would expose the Court to contempt, or himself to censure, as he had sometimes formerly had occasion to observe, [the Judge] treated him with all gentleness, care and tenderness, at length prevail'd with him to take the next step, and accordingly entered his review to the next Court, at which Court it seems he brôt his witnesses, and instead of any further process, as he had been directed, with an uncommon air of majesty demanded his Appeal, which the Court inform'd him they had no law nor rule to grant.

The 27th Article, being a continuance of the same Complaint, apply'd to the General Assembly; please to see the Act of the Assembly No. which I am persuaded will speak for itself, and show that the cause of the Petitioner's application being dismisst was for his own neglect in not taking the proper and usual measures in this Govt for his relief, before his appeal to his Majesty in Council.

'Tis true, indeed, that the measures of such a proceeding have never been prescribed, fixed or stated, so that this Govt knows not to what they are to conform themselves. No mention of it is made in the Royal Charter, as it is in the Massachusetts, where the value of the action is stated, and what should be the effect of it in respect of the tryals in the Province,