The Earliest Instruction restraining the Governor of this province from making Grants of Lands patented by New Hampshire, bears date the 24 July 1767, and the Grants which principally affect the Claimants whose Case is now under our Consideration, were made prior to the date of that Instruction, and except the abovementioned Patent to Schneyder, and the Grant of Prince Town, which is dated the 21st of May 1765 (antecedent to the order in Favour of the actual occupants under New Hampshire) are almost wholly confined to Officers and Soldiers intituled to his Majesty's Bounty, by virtue of the Royal Proclamation of the 7 of October 1763.

To prevent the people of New Hampshire from extending

their Settlements Westward of Connecticut River, a Proclama- 'mation was issued the 28*> of July 17538, when few if any had seated themselves there under that Government. In 1763 when the first Information was received of the numerous Grants made by New Hampshire and that no one might plead Ignorance of the Claim of this Province, a like Cautionary Proclamation was published on the 28 of December that year, at which Time the Number of Settlers on the contested Lands was inconsiderable. _ His Majesty's Order being declarative of the ancient Boundary 'of this Province, the Courts of Justice can as we conceive shew

NEW HAMPSHIRE GRANTS. 791

little Regard to the recent Claim of New Hampshire to Jurisdie tion Westward of Connecticut River, but this Point as well as the legality of the Grants of both Governments must be left fo the Judgment of Law; We shall only observe, that the Charters of that Province appear to us to have been made without express Authority from the Crown, after due Notice of the ancient Limits of this Colony, and without waiting for the Royal Decission as had been stipulated between the two Governments : On the other hand, that the Grants of New York were made under very different Circumstances, for the Royal Patents of the Duke of York left no Doubt as to the Eastern Limits of this Colony, and many of the Grants of New York were made even before New Hampshire claim'd Jurisdiction as far as to Connecticut River, and (where the Grants of the two Provinces interfere) our Grants rarely extend farther Eastward than the Ancient Patents granted by this Province.