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A58148 The revolution in New England justified and the people there vindicated from the aspersions cast upon them by Mr. John Palmer in his pretended answer to the declaration published by the inhabitants of Boston and the country adjacent, on the day when they secured their late oppressors, who acted by an illegal and arbitrary commission from the late King James. Rawson, Edward, 1615-1693.; Sewall, Samuel, 1652-1730.; Mather, Increase, 1639-1723. 1691 (1691) Wing R376; ESTC W479499 38,176 56

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by a Charter upon such conditions as were not performed and therefore all the Lands of New England have returned to the King and that the Attorney General then present could tell what was Law who spake divers things to the same purpose as Sir E. A. had done slighting what I had said and vilifying the Indian Title saying They were Brutes c. and if we had possessed and used the Land they said we were the Kings Subjects and what Lands the Kings Subjects have they are the Kings and one of them used such an Expression Where-ever an Englishman sets his foot all that he hath is the Kings and more to the same purpose I told them that so far as I understood we received only the right and power of Government from the Kings Charter within such limits and bounds but the right of the Land and Soil we had received from God according to his Grand Charter to the Sons of Adam and Noah and with the consent of the Native Inhabitants as I had expressed before They still insisted on the Kings right to the Land as before whereupon I told them I had heard it was a standing Principle in Law and Reason Nil dat qui non habet and from thence I propounded this Argument he that hath no right can give no right to another but the King had no right to the Lands of America before the English came hither therefore he could give no right to them I told them I knew not of any that could be pleaded but from a Popish Principle that Christians have a right to the Lands of Heathen upon which the Pope as the Head of the Christians had given the West Indies to the King of Spain but this was disowned by all Protestants Therefore I left it to them to affirm and prove the Kings Title They replied and insisted much upon that that the King had a right by his Subjects coming and taking possession of this Land And at last Sir E. A. said with indignation Either you are Subjects or you are Rebels intimating as I understood him according to the whole scope and tendency of his Speeches and Actions that if we would not yield all the Lands of N. E. to be the Kings so as to take Patents for Lands and to pay Rent for the same then we should not be accounted Subjects but Rebels and treated accordingly There were many other various replies and answers on both sides but this is the sum and substance of that discourse John Higginson aged seventy four years Stephen Seawall aged thirty two years John Higginson Minister in Salem personally appeared before me Dec. 24. 1689. and made Oath to the truth of the abovesaid Evidence John Hathorne Assistant Captain Stephen Seawall of Salem appeared before me Dec. 24. 1689. and made Oath to the truth of the abovesaid Evidence John Hathorne Assistant Joseph Lynde of Charles-towne in the County of Middlesex in N. E. being fifty three years of age testifieth and saith That in the year 1687. Sir Edmund Androsse then Governour of New-England did inquire of him the said Lynde what Title he had to his Lands who shewed him many Deeds for Land that he the said Lynde possessed and particularly for Land that the said Lynde was certainly informed would quickly be given away from him if he did not use means to obtain a Patent for it The Deed being considered by Sir E. A. he said it was worded well and recorded according to N. E. custom or words to the same purpose He further enquired how the Title was derived he the said Lynde told him That he that he bought it of had it of his Father-in-law in Marriage with his Wife and his said Father from Charles-towne and the said Town from the General Court grant of the Massachusetts Buy and also by purchase from the Natives and he said my Title were nothing worth if that were all At another time after shewing him an Indian Deed for Land he said that their hand was no more worth than a scratch with a Bears paw under-valuing all my Titles though every way legal under our former Charter Government I then petitioned for a Patent for my whole Estate but Mr. West Deputy Secretary told me I must have so many Patents as there were Counties that I had parcels of Land in if not Towns finding the thing so chargeable and difficult I delayed upon which I had a Writ of Intrusion served upon me in the beginning of the Summer 1688. the Copy whereof is in Charles-towne's Mens complaint and was at the same time with that of Mr. James Russel's Mr. Seawall's and Mr. Shrimpton's it being for the same Land in part that I shewed my Title unto Sir E. A. as above being my self and those I derived it from possessed inclosed and improved for about Fifty years at which time I gave Mr. Graham Attorney General three pounds in Money promising that if he would let the Action fall I would pay Court charges and give him Ten pound when I had a Patent compleated for that small parcel of Land that said Writ was served upon me for which I did because a Quaker that had the promise of it from the Governour as I was informed in the Governors presence should not have it from me the said Lynde having about seven Acres more in the same common Field or Pasture about a Mile from this forty nine Acres near unto the Land that the said Governour gave unto Mr. Charles Lidget of divers of my Neighbours which I concluded must go the same way that theirs went and therefore though desired to be patented by the said Lynde with the forty nine Acres he could not obtain a Grant for it About the same time Mr. Graham Attorney General asked the said Lynde what he would do about the rest of his Land telling him the said Lynde that he would meet with the like trouble about all the rest of his Lands that he possessed and were it not for the Governours going to New-York at this time there would be a Writ of Intrusion against every Man in the Colony of any considerable Estate or as many as a Cart could hold and for the poorer sort of people said Sir E. A. would take other measures or words to the same purpose The said Lynde further saith That after Judgments obtained for small wrongs done him tryable by their own Laws before a Justice of the Peace from whom they allowed no Appeals in small Causes he was forced out of his own County by Writs of false Judgment and although at the first superiour Court in Suffolk the thing was so far opposed by Judge Stoughton as illegal as that it was put by yet the next Term by Judge Dudley and Judge Palmer the said Lynde was forced to answer George Farewell Attorney aforesaid then saying in open Court in Charles-town that all Causes must be brought to Boston in Suffolk because there was not honest men enough in Middlesex to make a