On the other hand admitting the Massachusetts Bay after their charter of 1628|9, and before it was vacated in 1684, did not obtain a Conveyance of the Lands granted to Roswell kc. and Associates, the Judgment which vacated that charter did not affect the Lands but left the Title in Roswell &c. and Associates, and the Crown could not by the Charter of 1691 grant them to the Massachusetts Colony So that the Title, if any exists, must at this day be vested in the heirs or assigns of Roswell &c. and Associates in their private Right, and not in the Government of the Massachusetts Bay, vince by the present Charter of 1691.

,

;

unless transferred to or vested in the latter by some act of their Provincial Legislature, if such an

Act could possibly have any Efficacy. It is however presumed no Law of that Tendency has been passed, and if any should hereafter be presented for His Majesty's approbation, that it will be objected to (so far as it may countenance the extension of their Northern or Western claims beyond the Limits of their present Charter) as a

measure calculated to divest the Crown of the right of Soil in that very large and extensive Territory, which lies Westward of the Colony of New York to the South Sea. This claim had it been considered as well grounded would long since have been prosecuted and brought to a decision. The Massachusetts General Court or Assembly assert it in a Resolve they paused on the 23d of January 1768, but whether with an intention to maintain it, Time must dis-