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-

"misses before mentioned and by the Said Letters patents Last men-

NEW HAMPSHIRE GRANTS. 543

'¢ tioned Intended and meant to be Granted--were at the time of "the Granting of the Said Former Letters Patents Dated the 34 day " of November In the Highteenth year of the Reign of his Late "" Majesty King James the first, actually possessed or Inhabited " by an other Christian Prince or State, &e. That as to those parts the Said Letters Patents Should be void &e.

By which it appears that any Land & possessed or Inhabited by any other Christian Prince or State did not pass by any or Either of the said Grants, and it appears by Ogelby's America and the Book Intituled the British Empire in America that Henry Hudson discovered this Province about the year 1608. and soon after his Discovery Sold it to the Dutch, who soon after and long before the above Grants, actually possessed themselves of it, and by the Dutch West India. Company settled a Colony here & called it New Netherland, how far Indeed the Dutch Extended their Claim does not Clearly at this day appear to me but 'tis very probable, that as they Extended the same to the South as far as Delaware River they also Claimed North Easterly as far as Connecticut River near which I doubt not it may be made appear many Dutch people were settled and I Believe that River was in the dutch Time Called by the name of the North River, as Delaware River was by the name of the South River, on which 'tis Certain many Dutch were.Settled, and this Appears the more Probable for that at Albany they Settled another Colony by the name of the Colony of Rensselaer Wyck; the Boundaries of which tho' uncertain at this day; must without Doubt as 'twas a Colony have also Extended from one River to the other, and also for that the Grant from King Charles the Second to his Brother the Duke of York; Seems to be intended as a Grant to him of what he recovered from the Dutch; for in the Year 1660, or There abouts, King Charles the Second 'sent Sir Robert Carr with forces to Disposses the Dutch of their Settlements here which he succeeded in; and about three years after, this Grant to the Duke of York was made; which seems to me tocarry a strong Presumption that those Lands so granted were what were There known to have been the Claim of the Dutch, which they must have been much