To prove their tiile, a grant and patent from the Dutch governor, Kieft, to Thomas Cornell, deceased, father of Sarah, one of the plaintiffs, is produced and read in court, that upon the said grant, Thomas Cornell was in lawful possession of the said lands, and that he was at considerable charges in building, manuring, and planting ye same, that after some years the said Thomas Cornell was driven off" his said lands, by the barbarous violence of the Indians who burnt his house and goods, and destroyed his cattle, which was made appeare by sufficient testimony. That widow Cornell's conveyance of tlie said neck of land to Sarah Bridges, one of the plaintiffs, and her sister, was likewise given in, under which the plaintiffs claime. That the said widow Cornell was left sole executrix of the last will and testament of her husband, Thomas Cornell, deceased, and so had power to convey the premises ; this was allowed of, (although neither the will nor a copy thereof were produced,) there being no exceptions made against it. There was likewise an act from the late Dutch governor, Stuyvesant, produced, where he buyes the same lands of the Indians again, (though alledged to be bought long before,) and confirms it to Thomas Cornell, his heires and assigns.

Mr. Pell, the defendant, makes answer for himself, thai he bought the land m question in the year 1654, of the natives, and paid them for it. lie pleads his being a free denizen of England, and hath thereby liberty to purchase lands in any of his majesties dominions, within which compass this is. He alledges the fifth clause in the King's treaty, sent over hither to make for him, as declaring this land to be within his majesties dominions, he saith the governor