That all people therein, Indians excepted, were trespassers without legal right, that the territory was without lawful government, that the Sovereign of Great Britain, of his own right, therefore established therein such government as he saw fit. That he chose to give, and did give, in the exercise of such right, the entire territory, and his own powers and rights therein, and thereover, to his brother the Duke of York, with full authority to establish, and carry them into effect, as he should see fit. The only proviso, as to all " Laws, Orders, Ordinances, Directions and Instruments " that the Duke or his Deputy might make or execute, was, that they should " be not contrary to, but, as near as conveniently may be, agreeable to the Laws, Statutes and Government of this our Realm of England." ^

The principle the English acted on, was, that as regards the territory of New Netherland, the right of conquest governed, and the King could institute therein such form of government, system of laws and other institutions, as he pleased. This view was not at all satisfactory to the owners and holders of land under Connecticut titles in Suffolk County, Long Island, who were the very earliest to obtain new grants and patents from the Duke of York. The towns there took out patents from the Duke, with extreme reluctance, but they did it, nevertheless. Among these patents were that of Smithtown to Richard Smith of the 3d of March, 1665, that for Gardiner's Island in the same year, and that for Shelter Island to the Sylvesters of June 1st, 1666.