<Hinman’s Antiquities

The Case concerning the Charter of the Colony of Connecticut,
by the Attorney and Solicitor General and others, August 2, 1690.

The Corporation of Connecticott Colony, in New England, not having under their publick Seal surrendered their Charter, there being no surrender upon record, only when it was proposed to them by the late King James, that they good should take their choice, whether they would be under the Governour of New York or of Boston, they humbly prayed that they might still enjoy the privi-ledge of choosing their own Governour according to their Charter. But if the King was resolved otherwise, they said they had rather be under Boston then under New York, after which in the year 1687, Sr Edmund Andross did by a Commission from the late King James, invade the liberty of the people in that Colony, and exercise a Government over them, contrary to their Charter, which they most unwillingly submitted unto; but since the late happy Revolution in England, the people of Connecticott, have chosen a Governour and assistants, according to their Charter, and doubt not but they have a legall right to their former priviledges.

Quere—Whether the Charter belonging to Connecticott, in New England, is by means of their involuntary submission to Sr Edmund Andross's Government, void in law, so as that the King may send a Governour to them, contrary to their Charter priviledges, when there has been no judgment entered against their Charter, nor any surrender thereof upon record.

I am of opinion, that such submission as is put in this case doth not invalidate the charter, or any the powers therein, which was granted under the great seal, and that the Charter not being surrendered under the comon seal, and that surrender duly inrolled of Record, nor any judgment of Record entered against it, the same remains good and valid in the law, and that the Corporation may lawfully execute the powers and priviledges thereby granted, notwithstanding such submission and appointment of a Governour as aforesaid.

EDWARD WARD.


I am of the same opinion.

J. SOMERS.


I am of the same opinion, and as the matter is stated, there is no ground of doubt.

Geo. Treby.


2d August, 1690.