These words seem to me very Plainly to Express that the bounds of that Government is to extend from the western ocean on the East to the Eastern bounds of the Colony of Connecticut on the west and no further. And altho that Goverment have Endeayoured to construe the words vizt Westward as far as our Colonies of Rhode Island, Connecticut and the Naragansetts Country ; To intend and mean that the bounds of that Government was to run westward as far as the Western bounds of the Colony of Connecticut. Yet I think such construction of these words ought not to take Place, for supposing the words would bear the construction Contended for by them, tis also Certain they will bear the construction gontended for by me as above ; and therefore may be taken to two Intents, and this being a Grant of the Crown to subjects, I conceive ought to be construed most in Favour of the Crown, because it is a standing rule at Law, that the Grant of Every common person is Taken more strong against himself' and more Favourable against a Stranger, but a Grant of

540 CONTROVERSY RESPECTING THE

the King is Taken more strong against a Stranger, and more Favourable as to the King, so as'no Prejudice shall accrue to the King by construction or Implication, and when the Charter of the King may be Taken to two Intents, and both Intents are of Effect, In such Cases it shall be Taken to such Intent as ig most Beneficial for the King. I Conclude therefore, that supposing the above words in the Grant may be Taken to two Intents as I have shewn above, that as the Intention or Construction of those words Contended for by me is most Beneficial for the Crown, as Loss of the Lands belonging to the Crown will pass by such Construction ; I conceive such construction ought to take place ; and not the Construction'eontended for by the Government of Massachusetts bay ; and then the Eastern bounds of the Colony of Connecticut will be the Western Bounds of that Government, and of course all Lands Entred upon by them westward of those Bounds must be an Intrusion, and what they had no right todo: Besides this, it appears by the Grant to the Duke of York first made in the year 1663 and by the Regrant or confirmation thereof in the year 1674, After the Dutch Conquest in 1673 that King Charles the Second Granted to the said Duke his heirs and assigns.