Remarks On the Narraganset Patent Microform Read Before the Massachusetts His
Remarks On the Narraganset Patent Microform Read Before the Massachusetts His
Thomas Aspinwall
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" Whether the words " lawfully granted " were construed as confined to grants by English authority, or as also embracing Indian grants or purchases, the tenor of that clause was to pro- tect English Protestants in their lawful possessions, and to exclude those possessions from the jurisdiction of the patentee colony. If the former, as the strictly legal interpretation, were adopted, Massachusetts would be bound, by her own previous acts and judicial decisions, to consider the whole country as "... heretofore lawfully granted " by charter " either to Plymouth or to Mr. Fenwick, " as Winthrop has it (Winth. , ii. 143). If Indian titles or grants were also reckoned lawful grants, then Rhode Island, Providence, Shawomet, and every English settle- ment or homestead, within the patent, bought of an Indian chief, would be protected against all exercise of jurisdiction on the part not only of Massachusetts, but of the other colonies likewise. In fact, these Indian grants or purchases were recognized as lawful grants by the highest authority (the Com- missioners for Foreign Plantations) in the Providence-Planta- tions Charter of 1644.
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