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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 neglec
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