Documentary History of the State of New York, Vol. III
the Council of Plymouth from forty to forty eight degrees of Nortli Latitude inclusive : In which there is a Recital to this purpose " Now forasmuch as the King has been certainly given " to understand, by divers good Subjects that have for these " many years frequented those Coasts and Territories, between " the degrees of 40 and 48, that there is no other Subjects of any " Christian King or State, or by an Authority from their " Soveraigns Lords or Princes, actually in possession of any the " said Lands or Precincts, whereby any right, claim, interest or " title, may or ought by that means to accrue or belong to them " &ca" And also a Provisoe in these Words " Provided always " that the said Lands Islands or any of the Premisses by the " said Letters Patent intended or meant to be granted, were hot " then actually possessed or inhabited by any other Christian " Power or State." Which Patent the Committee conceive could not vest any thing in the Grantees, by reason of the said Recital and Condition upon which it was granted, part of the Premisses being then actually possessed by the Dutch, and most of the said Colony of New Netherland being withni the Bounds thereof.
7th That the Council of Plymouth by their Deed dated the IQtb of March tlie third year of King Charles the first, granted to Sir Henry RossweU and others, part of what was supposed to be granted by the said Letters Patent, which Grant from the said Council of Plymoutli, the Committee take to be void as founded on the said void Patent.