CONTROVERSY RESPECTING THE NEW HAMPSHIRE GRANTS.

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as it had in the Time of the Duke of York which as I said before, I think is very absurd; and mustfurther make it appear that the construction of their Charter as contended for, by them ; Cannotbe what the Crown Intended by it; and must on the other hand shew, that what I contend for,must be right, because by such Construction those absurdities are avoided.

I know it will be objected to this, that King James the first in the 18 th year of his Reign did Grantthe land in Question with them unto the Council Established at Plymouth in the County of Devon for the Planting Ruling ordering and Governing of New England in America ; and to their Succes-sors and assigns and That that Council in the third year of King Charles the first, Granted to Sir HenryRoswell Sir John Young Knight, Thomas Southcott & others their asigns and their associates forever, viz 4 . ££ All that part of New England in America aforesaid which lies and extends between“ a great River there commonly called Monomack alias Merimack and a Certain other River there££ called Charles river being in a Bottom of a Certain Bay there commonly Called Massachusetts alias££ Mattachusetts alias Massatusetts bay ; and also all and Singular those Lands and Hereditaments“ whatsoever lying within The Space of three English miles on the south part of the said Charles“ River or of any and every part Thereof ; and also all and singular the lands and hereditaments££ whatsoever lying and being within the space of Three English miles to the Southward of the South-££ ermost part of the Said Bay, called Massachusetts alias Mattachusetts alias Massatusetts bay ; and££ also all those lands and hereditaments whatsoever which lye and be within the space of Three££ English miles to the Northward of the said River , Called Monomack alias Merimack or the North-££ ward of any or every part Thereof, and all Lands and Hereditaments whatsoever lying within the££ Limits aforesaid North and South in Latitude and in Breadth and in Length and Longitude of“ and within all the Breadth aforesaid, throughout the main Lands there, from the Atlantick and“ Western Sea and Ocean and on the East Part, to the South Sea on the West part &c. in ffee.”Which they Say Includes the Land Entered upon by them, and that the Said Lands were Confirmedto them by King Charles the first in the fourth year of his Reign, and tho’ that Grant was afterwardsvacated in the year 1684, In chancery ; yet that they were Seized of those Lands by virtue of thatgrant, at the time of the Grant to the Duke ; and Therefore that the Duke of York could not takethem by virtue of his Grant and they were therefore Granted well to them by the Charter in 1693.

To which I answer, that the Patent to the Council of Devon &c. Contains this Proviso. ££ Provided“ also that the Said Lands Islands or any the Premises by the Said Letters Patents Intended and“ meant to be Granted were not then actually possessed or Inhabited by any other Christian prince££ or State &c.

And the patent from King Charles the first To their Grantees contains this Proviso.

££ Provided always that if the Said Lands Islands or any the Premisses before mentioned and by the££ Said Letters patents Last mentioned Intended and meant to be Granted—were at the time of the“ Granting of the Said Former Letters Patents Dated the 3 d day of November In the Eighteenth year“ of the Reign of his Late Majesty King James the first, actually possessed or Inhabited by any££ other Christian Prince or State, &c.

That as to those parts the Said Letters Patents Should be void &c.

By which it appears that any Land & c possessed or Inhabited by any other Christian Prince orState did not pass by any or Either of the said Grants, and it appears by Ogelby’s America andthe Beck Intituled the British Empire in America that Henry Hudson discovered this Provinceabout the year. 1608 and soon after his Discovery Sold it to tire Dutch , who soon after and longbefore the above Grants, actually possessed themselves of it, and by the Dutch West India Company settled a Colony here & called it New Netherland, how far Indeed the Dutch Extended their Claimdoes not Clearly at this day appear to me but ’tis very probable, that as they Extended the same toVol. iv. 43