The Documentary history of the state of New-York; arranged under direction of the Hon. Christopher Morgan, secretary of State. By E. B. O'Callaghan ...

542 CONTROVERSY RESPECTING THE
" 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 Southermost part' of the Said Bay, called Massachusetts alias Mattachusetts alias
" Massatusetts bay:; and also all those lands and hereditameints
whatsoever which lye and be within the space of Three English
"miles to tle Northivard, of the said River, Called Monomack
" alias Merimack or the Northward 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 ffees." Which they Say Includes
the Land Entered upon by them, and that; the Said Lands
were Confirmed to them by King Charles the first in the fburth
year of his Reign, and tho' that Grant was afterwards vacated
in the year 1684,- In chancery; yet that they were Seized of
those Lands by virtue of that- grant, at the time of the Grant to
the Duke; and Therefore that the Duke of York could: not take
them 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 pos"sessed 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 Pre"misses before mentioned and by the SaidLetters patents Last men