I know it will be objected to this, that King James the first in the 18 year of his Reign did Grant the land in Question with them unto the Council Established at Plymouth in the County of Devon for the Planting Ruling ordering and Governing of - New England in America ; and to their Successors and assigns and That that Council in the third year of King Charles the first, Granted to Sir Henry Roswell Sir John Young Knight, Thomas Southeott & others their asigns and their associates for ever, vizt. 'All that part of New England in America aforesaid

542 CONTROVERSY RESPECTING THE

"which lies and extends between a great River there commonly " called Monomack alias Merimack and a Certain other River "there called Charles river being in a Bottom of a Certain Bay "there commonly Called Massachusetts alias Mattachusetts alias " Massatusetts bay ; and also all and Singular those Lands and " Hereditaments whatsoever lying within The Space of three 'English mileson the south part of the said Charles River or of "any and every part Thereof ; and also all and singular the lands "and hereditaments whatsoever lying and being within the space "of Three English miles to the Southward of the Southermost part " of the Said Bay, called Massachusetts alias Mattachusetts alias '" Massatusetts bay ; and also all those lands and hereditaments "whatsoever which lye and be within the space of. Three English "miles to the Northward of the said River, Called Monomack "alias Merimack or the Northward of any or every part Thereof, "and all Lands and Hereditaments whatsoever lying within the "Limits aforesaid North and South in Latitude and in Breadth "and in Length and Longitude of and within all the Breadth "aforesaid, throughout the main Lands there, from the Atlantick "and Western Sea and Ocean and on the East Part, to the South "Sea on the West part &c. in flee." Which they Ray Includes the Land Entered upon by them, and that the Said Lands were Confirmed to them by King Charles the first in the fourth year of his Reign, and tho' that Grant was afterwards vacated in the year 1684, In chancery ; yet that they were Seized of those Lands by virtue of that grant, at the time of the Grant to the Duke ; and Therefore that the Duke of York could not take them by virtue of his Grant and they were therefore Granted well 'to them by the Charter in 1693.