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.

The principle just mentioned was essentially modified in its application by two things. It was limited by the terms of the Articles of Surrender, which bound the conqueror as well as the conquered. And it was also limited by that rule of the law of nations, which provides that the ancient laws of a conquered people remain in force till changed by the conqueror.

Under these instruments and principles the rule of England, and the Lord Proprietorship of the Duke of York had its beginning in the "Province of New York in America." That Proprietorship lasted twenty-one years, (excepting only the fifteen months of the Dutch reconquest), ending on the 6th of February, 1685, on which day, by the death of his brother, King Charles, the Duke became James the Second, King of England. His Proprietary rights merging in those of the Crown on his accession to the throne. New York became thenceforward a Royal Province under a Royal Government, uncontrolled by any charter. From that time till the close of the American Revolution by the Peace of 1783, she so remained, the freest and most flourishing of all the British American Provinces, ruled by her own people, enacting her own laws, supporting her own government