And in testimony of our joynt consent to the several foregoing con. clusions, we have hereunto set our hands this 19th day of September, Anno Dom. 1650.1 SYMON BRADSTREET, THOMAS PRINCE, THOMAS WILLETT, GEORGE BAXTER. -[O'Callaghan's New Netherland, ii, 151, 153. * [SELECT MEN TO MR. VAN DER DONCK.] November 26, 1650. Instead of Dutchmen the Governor of New Netherland named Mr. Willet and George Baxter, two Englishmen. -[N. Y. Col. Doc., i, 460. * The Charter granted to the Colony of CONNECTICUT, by King CHARLES II., in the Fourteenth Year of his Reign. CHARLES the Second, by the grace of God, &c. * * * And know ye further, that we, of our more abundant grace, certain knowledge, and mere motion, have given, granted and confirmed, and by these presents, for us, our heirs and successors, do give, grant and confirm, unto the said governor and company, and their successors, all that part of our dominions in New-England in America, bounded on the East by the Narrogancett River, commonly called Narrogancett Bay, where the said river falleth into the sea, and on the North by the line of the Massachusetts plantation, and on the South by the sea, and in longitude, as the line of the Massachusets colony running from East to West, (that is to say) from the said Narrogancett Bay, on the East, to the South Sea, on the West part, with the islands thereunto adjoining, together with all the firm lands, soils, grounds, havens, ports, rivers, waters, fishings, mines, minerals, precious stones, quarries, and all and singular commodities, jurisdictions, royalties, privileges, franchises, preeminencies, and hereditaments whatsoever, within the said tract, bounds, lands, and islands aforesaid, or to them, or any of them belonging. To have and to hold the same, unto the said governor and company, their successor, and assigns, for ever, upon trust, and for the use and benefit of themselves, and their associates, freemen of the 1 In April and September, 1655, five years after the conclusion of the Hartford treaty, the Directors express their surprise, that they had never been furnished with a copy of that document, and their apprehensions that discussions only had passed instead of a contract. Alb. Rec., iv, 177, 198. -[O'Call. N. Neth., ii, 156. said colony, their heirs and assigns; to be holden of us, our heirs and successors, as of our manor of East Greenwich, in free and common soccage, and not in capite, nor by knights service; Yielding and paying therefore to us, our heirs and successors, only the fifth part of all the ore of gold and silver, which from time to time and all times hereafter, shall be there gotten, had or obtained, in lieu of all services, duties and demands whatsoever, to be to us, our heirs or successors, therefore or thereout rendered, made, or paid. And lastly, we do for us, our heirs and successors, grant to the said governor and company, and their successors, by these presents, that these our letters patents shall be firm, good, and effectual in the law, to all intents, constructions and purposes whatsoever, according to our true intent and meaning herein before declared, as shall be construed, reputed, and adjudged most favourable on the behalf, and for the best benefit and behoof of the said governor and company, and their successors, although express mention, &c. In witness, &c. Witness the King, at Westminster, the three and twentieth day of April, [1662]. Per Breve de Privato Sigillo. -[Lucas' Amer. Charters, pp. 47, 54. [IN CONN. GENERAL ASSEMBLY.] * May 12, 1664. * Whereas his Majesty hath been graciously pleased to confirm unto this Colony, by Charter, all that part of his dominions in New England bounded as in the said Charter is expressed, with the Islands adjoining, This Court doth declare, that they claim Long Island for one of those adjoining Islands expressed in the Charter, except a precedent right doth appear, approued by his Majesty. An Order of the Gen Court of Conecticutt for the appointment of severall persons to accompany their Governour to New Yorke to Congratulate his Matte Commissioners. At a Session of the Gen" Assembly, held at Hartford, October. 13th 1664 M' Allyn Senior, or Junio' M' Gold, M' Richards and Cap: Winthrop, are desired to Accompany the Governour to new Yorke, to Congratulate his Majesties Honoble Commissioners, and if an Opportunity offer it selfe, That they can Issue the Bounds betweene y Dukes Pattent and Ours, (so as in their Judgm" may be to the Satisfaccon of the Court,) they are Impowered to attend the same Service. Extracted out of the Records of y' Court this 24th of October 1664. by mee. JOHN ALLYN Secretary of his Mati** Colony of Conecticutt. -General Entries (MS.) in office of N. Y. Sec'y of State, i, 69; Conn. Pub. Rec., 1636-1665, p. 435. Agreement between the Commissioners of the Duke of York and Delegates from Connecticut, November 30th, 1664. (Not executed.) NOTE. The words in italics are erased in the original MS., those in small type are interlined. The letters within brackets are supplied where there are holes in the paper. [N. Y. Sen. Doc., 1857, No. 165, p. 100. ties THIS AGREEMENT, made Indented and concluded [on] the Thirtieth day of November in the Sixteenth Yeare of the Raigne of [our] Soveraigne Lord Charles the Second by the Grace of God, King of England Scotland, [ffran]ce and Ireland Defender of the ffaith &c. One Thousand Six hundred Sixty foure, W[here]as by an Order of the Gen Assembly, held at Hartford the Thirteenth day of October 16[64] Mr Allyn Senio', Mr Gold, Mr Richards, and Captain Winthrop were appointe[d] [by] the assembly held at Hartford 13 october 1664 [to] accompany John Winthrop Esq', (the Governor of his Male Colony of Conecticutt,) to new-Yorke & to agree upon the bounds of the sd Colony and Mr Howell and Cap' Younge of long island were to attend the same Service, exprest in the saide O[r]der, And Whereas amongst other things, the said Persons were therein impowered to Issue he Bounds betweene his Royall Highnesse the Duke of Yorkes Pattent, and the Pattent granted by his Ma" to the said Colony of Conecticutt, a Copie of weh said Pattent of Conecticutt, Colony bearing date the Thenty Third day of April 1662-being viewed wherein is set forth That the Western Bounds or Limitts of the said Colony should extend to the South Sea, And Likewise the Duke of Yorkes Pattent, bearing date the Twelveth day of March, 1663 being read, wherein It is Granted, That his Royal Highnesse shall have all the Lands from the Westerne Part of Conecticutt River, to the Easterne part of Delaware Bay, By we said Pattents (through mistakes" otherwise) the s[aid] Lands are Granted to them both, Now to prevent any Debates or differences that may or might arise thereby, It is mutually Agreed and Consented unto, by the aforesaid John Winthrop Esq', Governo' Mr Allyn Senio', M' Gold, Mr Richards, Capt Winthrop, M' Howell, and Cap Young on the behalfe of the Colony of C[onect]icutt, [and] [Co]lonell Ri[ch] Nicolls, on the behalfe of his Royall Highnesse, That [the bou]nds of Co[nec]ticutt Patt[en]t, shall not from and after the date hereof, extend t[hemselves unto any part of the Maine Land further Westward, than the head of a Creeke or River 1 High water marke comonly calld by the Indian name Mamerenock and from thence by a direct line to the North North west till it meets with the Massachysett Line nearer then the distance of Twenty Miles, from any of the borders of the Maine River Commonly called Hudsons River, Provided that it shall and may be Lawfull to the Governour, of his Royall Highnesse the Duke of Yorkes Pattent, and the Governo' of his Mae Colony of Conecticutt, to determine a nearer Bound, bordering upon Hudsons River, to any Particular Person [or] Persons, or Plantacons, whose p'sent possession in any part under Conecticutt Governm' is wthin the Limitts of Twenty Miles from Hudsons River, in woh case it is, and shall be Lawfull for the said Governo" to Allott to the said Person, Persons, or Plantacons, so Claiming five Miles of addicon to theire p'sent possession, according to the good discrecon of the Governo" and Councell, or Gen" Court of his Mats Colony of Conecticutt, And it is also Agreed on the behalfe of his Royall Highnesse the Duke of Yorkes Pattent, That by vertue of the said Pattent, from and after the date hereof, the bounds and Limitts thereof shall not extend, or Claime any Priviledge or Jurisdiction to the Eastward, beyond the distance of Tenty Miles, from the Borders of the said Hudsons Maine River, excepting according to the Provisoes aforesaid in the preceedent Article, To wch Mutuall Agreem1, and the performance thereof fully and effectually, accor[di]ng to the true and plaine meaning of the p'misses, The Persons above written hav[e] hereunto Interchangeably sett theire [ha]nds and Seales, the day and Yeare above said, at N[ew] Yorke on Manhatans Island. Sealed and delived in the p'sence of. -[N. Y. Col. MSS., lxix, 4. The Bounds of Conecticutt, Issued by his Mattes Com and the Com"! appointed by the said Colony. By virtue of his Matie Commission, Wee have heard the difference about the Bounds of the Pattents granted to his Royall Highnesse, the Duke of Yorke, and his Matte Colony of Conecticutt, and having deliberatly considered all the Reasons alleadged by Mr Allyn Senior, Mr Gold, Mr Richards and Capt Winthrop, appointed by y Assembly, held at Hartford the 13th of October 1664, to accompany John Winthrop Esq (the Governor of his Mati Colony of Conecticutt) to New Yorke, and to Agree upon the Bounds of the said Colony, why the said Long Island should be under the Governm' of Conecticutt, (wh are too long here to bee recited, Wee do declare and Order that the Southerne Bounds of his Mates Colony of Conecticutt, is the Sea, and that Long Island is to be under the Governm' of his Royall Highnesse the Duke of Yorke, as is expressed by plaine words in the said Pattents respectively; And also by vertue of his Mates Commission, and by the Consent of both the Governo', and the Gentlemen above named, Wee also Order and declare, that the Creeke or River called Momoronock, wch is reputed to be about thirteene Miles, to the East of West-Chester, and a Line drawne from the East point or side, where the ffresh water falls into the Salt, at high water Marke, North North West to the Line of the Massachusetts, be the westerne bounds, of the said Colony of Conecticutt, And all Plantacons lying Westwards of that Creeke & Line so drawne, to be under his Royall Highnesse Government, And all Plantacons lying Eastward of that Creeke and Line, to be under the Governmt of Conecticott; Given under Our hands at James ffort in new Yorke, on the Island of Manhatans this 1st day of December 1664 RICHARD NICOLLS, S. MAVERICKE. Wee the Governo and Com" of the Gen" Assembly of Conecticutt, do give Our Consent to y° Limitts and Bounds above menconed, as Wittness Our hands. JOHN WINTHROP, ALLYN Senio RICHARDS: JOHN WINTHROP Jun! -[General Entries (MS.) in office of N. Y. Sec'y of State, i, 70; N. Y. Col. MSS., xxii, 5; lxix, 5; Vol. i, part i,of this Report on Bounda ries, p. 24. [COLONEL NICOLLS, TO THE DUKE OF York, Nov! 1665.] I have formerly rendered account of the Decision and Settlement of Bounds between your Royal Highness and the Patent of Connecticut made by his Majestys Commission" and the Governor and Council of Connecticut, wherein five towns were relinquished to Connecticut by virtue of their Precedent Grant from his Majesty although the same tracts of Land were given to your Royal Highness, to the utter ruin of that Colony, and a manifest Breach of their late Patent, which determination was a Leading case of equal Justice and of Great Good Conse |