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

Alb. Rec. Gen. Entries, vol- i- p. 14.

COUNTY OF WESTCHESTER. 155

and council of Connecticut fooke notice of this land to be under their government," and that they ordered magistratical power to be exercised at Westchester, and that he had license from them to purchase. He pleads that where there is no right there can be no dominion, so no patent could be granted by the Dutch, they having no right. Several testimonys were read to prove that ye Indians questioned Mr. Cornell's and other plantations there, about not paying for those lands, ivhich was the occasioji of their cutting them off and driving away the inhabitants, but the defendant hath paid a valuable consideration to the natives.

The attorney for the plaintiffs alledges ye articles of surrender, and the King's instructions, wherein any grant or conveyance from the Dutch is confirmed, and plead the antiquity of Mr. Cornell's grant and possession, together with his great losse. After a full hearing of the case it was referred to the jury, who brought in thair verdict for the plaintiffs, the defendant to pay costs and charges of suite, and sixpence damage."