the same time the General Assembly, receiving the Order in Council in the 
appeal, resolved that the agent should be directed to make application to the 
King that the act for settlement of intestate estates be continued in force and 
intestate estates be divided accordingly. 138 A committee was also appointed 
to search out necessary records and to instruct agent Dummer, both in defending 
against Winthrop's complaint and in procuring continuance of the above 
act. 139 
In October, 1728, because of the continued ill health of Dummer, Jonathan 
Belcher was reappointed colony agent with the same authority as previously. 140 
At the same time, all distribution of realty upon intestacy was halted until 
application to the King could be made for relief in the circumstances. 141 In 
some quarters the Order in Council was at first viewed with alarm as enunciating 
the principle that every colony law different from the comparable law of 
England was to be construed as contrary to the laws of England and therefore 
not warranted by the charter. 142 But upon further consideration it was hoped 
that the conciliar order was agreeable to the doctrine held in the colony that 
colonial laws were only contrary to the laws of England when "contrary to a 
law some way or other established or made for the plantations," and in this 
case the act was seen as contrary to the rule laid down in Earl of Athol v. Earl 
of Derby that lands held under the Great Seal should descend according to the 
common law. 143 Support for the act on the ground of its antiquity was considered 
and rejected; 144 public and imperial policy were also advanced to 
support the act. 145 
Enforcement of the Order in Council as to lands sold under the act of May, 
1726, was resisted by the purchasers thereunder, and both the purchasers and 
Winthrop's wife applied to Governor Talcott for relief in the situation. 146 
138 j t was alleged that by such action peace 
would be continued, a multitude of law suits 
prevented, and the colony further settled (ibid., 
192). 
139 Ibid., 192. In June, Deputy-Governor Law 
had been of the opinion that "our safety is in 
sitting still, unless any advantage might be in 
gaining the opinions of the Attorney General 
and Solicitor" upon certain points (1 Talcott 
Papers, 119, 122). 
140 7 Pub. Rec. Col. Conn., 218-19; 1 Talcott 
Papers, 135, 137, 139. Cf. 2 Talcott Papers, 
416-18. 
141 1 Talcott Papers, 174. Talcott, writing in 
July, 1730, stated that not one of some hundreds 
of intestate estates had been settled since the 
nullifying Order in Council (ibid., 203). 
142 Deputy-Governor Law drew the further unwarranted 
conclusion that "no legislative power 
was given, excepting only in such cases wherein 
the laws of England had not provided" (ibid., 
120—21). 
143 Ibid., 121. For the case referred to, see 2 
Anderson 115. 
144 1 Talcott Papers, 122-23. Rejection came 
when the law was found "to be of no ancienter 
date than 1699" (ibid., 119). 
145 For the former see ibid., 122. As to the 
latter, it was stated that "the natural tendency 
of disinheriting the younger brethren is the 
promoting manufactories" (ibid., 123). Such 
promotion ran counter to imperialist policy; 
see Russell, op. cit., 118-1 9. 
146 MS Conn. Archives, 1 Misc., #166. Purchasers 
Douglass and Richards, who had paid 
£ 690 current money for some of the land and 
had received a deed from Lechmere, complained 
diat Winthrop's wife had entered and