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.

To which I answer, that the Patent to the Council of Devon &c. Contains this Proviso. " Provided also that the Said Lands "Tslands or any the Premises by the Said Letters Patents 'Intended and meant to be Granted were not then actually pos- 'sessed or Inhabited by any other Christian prince or State &e.

And the patent from King Charles the first To their Grantees contains this Proviso,

" Provided always that if the Said Lands Islands or any the Pre-