The Consequence of which, must be that as the Crown after this Government Came into its hands, never Granted any part of it away (for the reason I have shown above) that the Government of Massachusetts Bay by their Grantin 1693, Can have no Legal Right to the Lands Entred upon by them Northward of the bounds of Connecticut Government, and westward of Connecticutt river; and Therefore their Entring into & taking possession of them, without Right, Cannot be a reason why the Government of New Hampshire should do the like. Upon the whole, I think it appears Clearly that the Examples sett by the Governments of Connecticut and Massachusetts Bay, are not, nor ought, to be Considered as any Reasons why the Government of New Hampshire should Extend their Bounds as far westward as the first hath, and the Latter pretends Rightfully to have done.

Having thus Considered the difficulty arising in the Case; from the Claims made by the Said two Charter Governments I

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come now to consider what ought, I Conceive, to be Taken as the Eastern Bounds of this Government Northward of Connecticut Goverment with Regard to which I observe, that it appears by the first and Second Grants to the Duke of York ; the First before, and the Second after, the dutch Conquest; in the year 1674, that all the Lands westward of Connecticut River were vested in the Duke of York. It appears by the records of this Province, that the Duke of York, In pursuance of his right, actually Sent over Governours to take and keep possession of what Belonged to him in America, who Accordingly Entred upon and took possession of this Government for him ; and tho' they did not actually settle upon the Northern Parts of the Government, yet as they Settled the Southern part of it under his Right ; I conceive it was and ought to be Considered as a possession of the whole, and that the duke of York thereby became actually possessed of the whole lands Granted to him, and that the whole thereupon become part of this Government, under the duke of York ; and Therefore that Connecticut River is realy and Truly the Eastern Bounds of this Colony.