Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. / Passage

Documentary History of the State of New York, Vol. III

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. III. Albany: Weed, Parsons and Co., 1850. 433 words

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.

8^^ That the said Sii' Henry Rosswell and others, obtained a Grant and Confirmation thereof, from the Cro^sii, under the great Seal of England, dated the 4^^ of March in the fourth year of King Charles the first, within which Grant and Confirnjation, the Province of Massachusetts-Bay is included ; which Grant and Confirmation was adjudged void in the High Court of Cliancery of England in the year 1684. And the Committee are of opinion that nothing to the Westward of Connecticut Eiver could pass by that Grant and Confirmation, for that his Majesty could not have had an Intention to grant the same, it being then possessed by the Dutcli as before mentioned.

9th That the Committee conceive the Inhabitants of Massachusets Bay, can claim notliing at present but what is granted them

, JIAXOri CF LIVINGSTON. 737

by their last cliarterin 1691 ; all their otiier Grants and charters, being either void of themselves, or declared so in the chancery of England.

lO^h That t]ie Bounds granted by tliis charter, are Westward as far as the Colonies of Rhode Island Connecticut, and tlie Naraganset Country ; which words being in the case of a Grant from the Crown, the Committee conceive cannot extend their Bounds further than to Connecticut Colony, and tlierefore not to Connecticut Eiver ; And much less to the Westward of it because Connecticut itself at the time of tliat Charter, did not in the Knowledge of the Crown extend Westward of that River ; nor did till nine years after, w^lien by the Royal approbation the Agreement between this Province and that Colony taking place, (which was not to be in force till such Approbation) the Bounds of that Colony were setled as is before mentioned ; and the Committee conceive it to be against reason to suppose that the Crown intended by the said charter to grant any part of the Province of New York under tlie then immediate Government of the Crown, without express mention thereof in the charter, and without notification to Henry Sloughter then Governour of this Province, that the Crown had granted such a part of what was before within Ids Jurisdiction, by their Majesty's Commission aforesaid to him.