(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "[Provincial and state papers]"

STATK OH NHW HAMPSHIRK. 
DOCUMENTS 

KKI.ATINC; TO 

The Masonian Patent. 

I 630-1846, 

including thk 

Charter of the Council of Plymouth, of Date Nov. 3, 1620, the 

Various Grants and Patents to John Mason, the Records and 

Miscellaneous Papers of the Masonian Proprietary, with 

Numerous Other Papers Constituting a Part of the 

Documentary History of the Patent and the Titles 

Claimed under It, Arranged in Chronological 

Order, with Citations to Other Documents 

and Authorities Relative to the Same 

Subject, and Complete Indexes. 



VOLUME XXIX. 
Town Charters, Volume VI. 
Masonian Papers, Volume III, 



ALBERT STILLMAN BATCHELLOR, 

Editor of State Papers. 



CONCORD: 

EDWARD N. PEARSON, PUBLIC PRINTER. 
1896. 



JOINT RESOLUTION relating to the preservation and publication of 
portions of the early state and provincial records and other state 
papers of New Hampshire. 

Resolved by the Senate and House of Reiwcsentatives in General Court 
convened: 

That His Excellency the Governor be hereby authorized and empowered, 
with the advice and consent of the Council, to employ some suitable person 
— and fix his compensation, to be paid out of any money m the treasury 
not otherwise appropriated — to collect, arrange, transcribe, and superin- 
tend the publication of such portions of the early state and provincial 
records and other state papers of New Hampshire as the Governor may 
deem proper ; and that eight hundred copies of each volume of the sarhe be 
printed by the state jirinter, and distributed as follows : namely, one copy 
to each city and town in the state, one copy to such of the public libraries 
in the state as the Governor may designate, fifty copies to the New Hamp- 
shire Historical Society, and the remainder placed in the custody of the 
state librarian, who is hereby authorized to exchange the same for similar 
publications by other states. 

Approved August 4, 1881. 



PKEFACE. 



lu the introduction which preceded the principal text in volumes twenty- 
seven and twenty-eight of this series of state publications, which were also 
designated as Masonian Papers, particular attention was called to two ele- 
ments in New Hampshire history, viz. : — the controversy over the boundary 
between this province and the colony of Massachusetts Bay, and the con- 
troversy over the Masonian claim in its various forms and aspects. No 
less essential to an apprehension of correct theories as to the develop- 
mental history of the province is a recognition of the inter-relation of 
these two controversies, the identity of interests involved in them and 
which Avere constantly moving upon events, and were jaotent in the 
accomplishment of the most important results exhibited in the building 
of this commonwealth. A collection of the documents relating to the for- 
mer subject, the boimdary line controversy, is given in volume nineteen of 
this series. The papers there presented and the authorities cited afford 
the material for the study of this subject, or direction as to where it is 
accessible, with reference to the probable requirements of investigators. 

A similar collection of documents relating to the Masonian claim, its 
origin, its persistent prosecution in varying degrees of vigor and success, 
both in the courts of the province and in those of the mother country, its 
status and character as a factor in political and business affairs, the 
changes in its proprietorship, the eventual qualified recognition of its 
validity, and its relations with the fundamental titles to a large part of the 
territory included Avithin the present boundaries of the state, has long 
been a recognized desideratum in the documentary history of the province 
and state. 

In so far as this deficiency had been already met in the volumes of this 
series previously published, the result w-as necessarily fragmentary and 
desultory. Documents presented in the earlier volumes, edited by Dr. 
Bouton, were for the most part those found in the state archives. Inci- 
dentally with the material of later volumes, largely legislative and execu- 
tive journals, papers relating to the Masonian claim are incorporated, and 
are of unquestioned importance as constituting parts of the entire body of 
Masonian documents. The editors of the early volumes containing these 



iv PllEFACE. 

papers were at a serious disadvantage owing to the fact tbat a considerable 
part of the docmueuts which may be described as Mason ian, were in pri- 
vate custody and inaccessible as regards public examination and use. 

In 171G, if it be permissible to recite here facts of such common knowl- 
edge, a number of gentlemen of the province obtained a conveyance of the 
Masonian title by purchase from John Tufton Mason, an heir sixth in 
descent from John Mason, the original proprietor. With the muniments 
of title, a valuable and interesting mass of documents passed to the new 
proprietors. They were not a corporation in the sense in which the term 
is now used, but rather an organized association of joint owners. They had 
a recording officer, and a record of their transactions was continued until 
all the lands of the proprietary had been disposed of and their business 
concluded. The early history of this title includes a number of patents. 
The collection of these i^apers given in this volume is as complete as mod- 
ern investigation in American and foreign archives has made practicable. 
For convenience and completeness of record the charter to the Council of 
Plymouth is given first place in the order of arrangement. The body of 
this volume is divided into two parts, the first containing the several 
patents and other instruments above referred to as constituting the basis 
of the title of John Mason to that portion of New England established as 
the province of New Hampshire, and the second containing the records 
of the associated proprietors, with accompanying documents of a general 
nature relating to the title in its various stages and conditions of progress 
in its own history and in the history of the province and state. 

It will be noted that many papers relating to this subject, which have 
appeared in previous volumes of the state publications and which are 
accessible in other jjlaces of reference and custody, are described and cited 
in their proper consecutive order. It miist be remembered that the early 
history of the Masonian title is largely involved in the history of the begin- 
nings of the settlement of the New Hampshire towns and of the province. 
Hence all the histories of that period, so far as they relate to New Hamp- 
shire distinctively, or to New England, with any special reference to this 
province or to its early towns, are iudispensible as commentaries on and 
treatment of the jirincipal subjects of these documents. Equally impor- 
tant, in the same connection, are a number of conspicuous biographies of 
men of large influence in the early years of New England and New Hamp- 
shire. Of the former class the work of Dr. Belknap is still without a rival 
as an authority upon the period of which he treats ; and, of the latter class, 
are the admirable biographies of John Mason and John Wheelwright, the 
former the work of Mr. Tuttle and Mr. Dean, and the latter from the pen 
of Governor Bell. Upon an examination of these narratives and of the 



PREFACE. V 

Masonian dociimeuts, it will be observed that the history of the title is 
traced through periods in which it was a remarkably active element in the 
progress of events, while iu other intervening periods it would seem to 
have been comparatively quiescent and obscure. Such an interval fol- 
lowed the death of John Mason in 1635. In the years immediately prior 
to the establishment of the province in 1(579 and until the death of Robert 
(Tufton) Mason, grandson of the proprietor, in 1(j88, this subject was of 
overshadowing importance in the political concerns of the people, in their 
courts, and indeed in respect to the immediate title to and possession of 
the homes which they had established. 

The establishment of the province government was due to the activity 
and influence of Robert (Tufton) Mason in the revival of the Masonian 
claim. This influence dominated the selection of royal appointees for the 
administration of the province and their conduct iu office. The heirs of 
Robert Mason, being minors, allowed the people a respite from the agita- 
tion and further enforcement of their rights for the time being. This 
period, however, was of short duration. In 1691 their title was trans- 
ferred to Samuel Allen by a valid conveyance, as it was considered, the 
formality of docking the entail by fine and recovery in the court of king's 
bench in England having been observed and pursued, the lands which 
were the subject of the proceeding being considered by a fiction of law as 
lying in England, in the parish of Greenwich. 

Many years later the validity of this proceeding was questioned, and it 
was treated as invalid, both on technical and material grounds. 

Mr. Allen procured a commission as governor of the province in 1692. 
The prosecution of his claim (for a time after that date known as the Allen 
title) was thereupon energetically renewed and persistently continued dur- 
ing succeeding administrations in the province until the death of Thomas 
Allen, iu 1715, son and heir of the governor. Another interval of subsidence 
of the agitation of this interest ensued. The forceful activity of the Masons 
seems to have been transmitted from generation to generation. The next 
revival of their eftorts to enforce the title emanated from John Tufton 
Mason, advantage having been taken of the defect in the Allen title before 
adverted to, and the entail having now been docked in the local courts of 
this jurisdiction. A sequence of this movement on the part of Mr. Mason 
was the sale to a number of gentlemen, who, in the jjarlance of the present 
day, might, perhaps, be termed a syndicate. The personal character, the 
financial resources, the social and political connections of these men, and 
the well-conceived method of their association afforded the Masonian title 
a status which it had never before gained and occupied with the people and 
with the several departments of government in the province. The associ- 



Vi PREFACE. 

ation controlled resources whicli enabled them to formulate far-reaching 
plans and to carry them into successful execution. They manifested sing- 
ular wisdom and tact in their dealings with the peojile, both in individual 
and political relations. It was inevitable that they should sooner or later 
encounter antagonisms of a potential and dangerous character. Men of 
less influence, less wealth, and less steadfastness of purpose, men less 
closely identified with the various forces which moved upon the opinions 
of the masses and influenced the attitude of courts and the action of legis- 
latures, would have failed in this enterprise, long discredited and still 
burdensome, hazardous, and unisromising. Their administration of their 
rights as successors to the Masouian interest was judicious and concilia- 
tory. 

However promising the outlook may have been for the new proprietary 
in the early years of their administration, the future was pregnant of diffi- 
culty. The historic line which was supposed to bound their grant on the 
west and northwest may be traced on the maiJ which accompanies volume 
twenty-six of this series. 

In almost forty years succeeding 1716, the course of affairs with them 
was comparatively uneventful. Soon after the Revolution, however, and 
at almost one and the same time, they were assailed from two directions. 
The Allen claim was revived with much apparent determination, and an- 
other and adverse construction of the terms of the patent in relation to the 
specifications of boundaries was asserted on behiilf of the state. The 
nature of both claims is fully disclosed in the records and documents 
which follow. The proprietary did not resort to protracted litigation, or 
prolong the issue in the legislature. Compromises were effected, both 
with the state and the Allen interests, but only by a very large outlay on 
the part of the jiroprietary. The state's contention, advanced in the gen- 
eral court, was that there was no warrant for the assumption that the 
Masouian boundary on the northerly and westerly sides was a curved line. 
The running of a straight line between the two terminal points of this 
curved line marked off a considerable area, which, in the state's construc- 
tion of the terms of the patent, would belong to the public instead of to the 
proprietary. The deed of the state to the proprietors, June 18, 1788, and 
the deed of the Allen heirs to the proprietors, January 28, 1790, will be 
found hereinafter on pages 340 and 34.5, resj)ectively. 

From this time onward to the conclusion of the record, the history of the 
proprietary and of the Masouian title pertains mainly to the routine of 
business, resulting finally in the disposal of their holdings and a practi- 
cally complete execution of their undertakings with respect to the territory 
included in the Masonian patents. 



PREFACE. Vll 

A few years since, I\Ir. William M. Sargent of Portland, Ale., who was 
engaged in the examination and transcription of records for the publica- 
tions known as "York Deeds" and "Maine Wills," discovered, in the cus- 
tody of Moses A. Stafford of Kittery, an ancient sheep-bound folio manu- 
script of eighty-four pages, which, for nearly two centuries had been in 
the custody of descendants of Lieut. -Gov. John Usher. The book contains 
certified copies of many documents relating to the Masonian claim. Mr. 
Sargent is of opinion, based on careful investigation, that these papers 
were used in the trials of the cases, Mason v. Waldron, at New Castle, 
1683, Allen v. Spencer, at Wells, 1704, Allen v. Waldron, at Portsmouth, 
1707. 

This collection contained several valuable additions to be made to the 
published literature of subjects of which they treat. Several of these 
papers are incorporated in this volume, with special designation of the 
source from which they were obtained. 

No record or copy of the conveyances made in mortgage or in some 
other form for the security of Lieut. -Gov. Cranfield, of which mention is 
made by Dr. Belknap (History of New Hampshire, Farmer's edition, p. 90), 
has been discovered, though diligent search has been made in the land and 
court records in this country and in England. 

The greater part of the documents here presented are from the collection 
which came to the custody of the state from Eobert Cutts Peirce of Ports- 
mouth in 1891. This has siapplied material which has been the basis and 
principal feature of the three volumes now published and designated as 
"Masonian Papers." Tavo of these volumes were devoted to the township 
charters issued by the Masonian proprietary, while the papers of a more 
general nature, pertaining to the subject, were reserved to this, the third 
volume of the Masonian series. 

In relation to the two grants of New Hampshire and Masouia to Capt. 
John Mason, both of date April 22, 1635, the student of these documents 
should read the note of explanation on pages 216-218 of Tuttle and Dean's 
life of "Capt. John Mason," published by the Prince Society, 1887. 

The plan adopted for this work has not contemplated the incorporation 
of numerous or extensive explanatory and historical notes. It has, how- 
ever, required methodical and logical arrangement of the material, fidelity 
in the transcription and in the imprint, and the addition of accurate and 
exhaustive indexes, whereby every feature of the collection, every material 
fact, and every name, may be readily and certainly found and made avail- 
able to those who have occasion to consult the work. f 

A. S. BATCHELLOE. 



TABLE OF CONTENTS. 



Council of Plymouth Established, Nov. 3, 1620 
Grant of Mariana, March 9, 1621-2 .... 

Grant of Maine, Aug. 10, 1622 

Wheelwright Deed, May 17, 1629 .... 

Grant of New Hampshire, Nov. 7, 1629 . 

Grant of Laconia, Nov. 17, 1629 .... 

Description of Laconia ...... 

Letter, Thomas Eyre to Ambrose Gibbons, May, 1631 
Grant of Piscataway, Nov. 3, 1631 .... 

Note of Patent to Gorges and Mason, Nov. 4, 1631 . 
Invoice of Goods, Nov. 17, 1631 .... 

Invoices and Accounts ...... 

Invoice of Goods, April 18, 1632 .... 

Letter to Ambrose Gibbons, Dec. 5, 1632 

Names of Mason's Stewards and Servants 

Letter from Ambrose Gibbons, June 24, 1633 . 

Property at Newichwanuock, July, 1633 . 

Covenant between Walter Neal and Charles Knill, July 1, 1633 

Letter, Gibbons to the Company, July 13, 1633 

Four Towns Laid Out, August 13-20, 1633 

Agreement for Division of Property, Dec. 6, 1633 

Allotment of Capt. Mason's Part by the Council of New England 

Feb. 3, 1634 

Gorges and Mason to Waunerton and Gibbons, May 5, 1634 
Capt. Mason to Ambrose Gibbons, May 5, 1634 
Gibbous to Mason, Aug. 9, 1634 ..... 
George Vaughau to Ambrose Gibbons, Aug. 20, 1634 
Lease of New Hampshire to John Wollaston, April 18, 1635 
Grant of New Hampshire and Masonia, April 22, 1635 
Grant of New Hampshire and Masonia, April 22, 1635 
Transfer from Wollaston to Mason, June 11, 1635 . 
Royal Charter to Mason, Aug 19, 1635 .... 
Deed, Gorges to Mason, Sept. 17, 1635 .... 



3 
19 
23 
28 
28 
33 
38 
38 
39 
43 
44 
45 
45 
47 
48 
49 
49 
50 
51 
52 
55 

55 

55 
56 
57 
59 
59 
62 
64 
66 
69 
85 



TABLE OF CONTENTS. 



John Mason's Will, Nov. 26, 1635 .... 

Vaagban to Gibbons, April 10, 1636 .... 

Lease to Francis Matthews, Oct. 1, 1637 . 
Anne Mason to Ambrose Gibbons, May 22, 1638 
Eichard Rogers to Ambrose Gibbons, March 2, 1617 
Joseph Mason's Protest against Eichard Leader, July i, Hj'A 
Deposition of Biles and Mason, May, 1652 
Petition of Eobert Mason .... 

Abstract of Mason's Title .... 

Eeport on Mason's Petition 

Opinion of Sir Geoffrey Palmer, Not. 8, 1660 

Summary of Mason's Title, March 5, 167i-5 

Eeport of Attorney and Solicitor General. May 17, 1675 

Judges' Eeport ........ 

Letter from King to Massachusetts Government, March lU, 1675-6 
Depositions of Edward Johnson and William Seavey, Aug. 25 and 

Sept. 3, 1676 ' . 

Extract of Letter from Gov. Leverett to the Lord Chancellor. Oct 

22, 1677 ... 

Petition of Mason and Gorges for SeiJarate Government. Jan. 9 

1677-8 

Letter from the King to the Massachusetts Government, July 24 

1679 ' 

Petition of Eobert Mason, Aug 6, 1680 

Letter from the King to the Massachusetts Government, Sept. 30 

1680 

King's Instructions, Oct. 1, 1680 

Appointment of Eichard Otis as Steward, March 22, 1680-1 . 
Eichard Chamberlain's Eeport to the Lords of Trade, May 16 

1681 * 

Letter, Council of New Hampshire to the King, May 31, 1681 
Petition of Eobert Mason against the Council, Nov. 10. 1681 

Mason's OflFer to the King, 1681-2 

Surrender of Eevenues to the King, April 1, 1682 

Extract from Gov. Cranfield's Commission. May 9, 1682 . 

King's Proclamation, June 23, 1682 . 

Answer of Elias Stileman, Nov. 15, lt)S2 

Answer to Mason's Claim . 

Nathaniel Weare's Complaint . 

Statement of Eichard Chamberlain, 1683 

Letters from Gov. Cranfield to the Commissioners 



88 

96 

97 

98 

98 

99 

99 

.100 

104 

104 

106 

107 

108 

109 

111 

112 

112 

112 

112 
116 

116 
118 
120 

120 
120 
120 
647 
648 
120 
121 
23, 649 
651 
123 
124 
124 



TABLE OK CONTENTS. 



XI 



Deed, Mason to George Broughtoii, April 12, 1683 

Certificate of Gov. Craufield, Sept. '24, 1683 

^Nlasou vs. Vaughan, 1683 .... 

Couveyauce, Masou to Lyford, Oct. 29, 1683 

Robert Mason's Waiver, Dec. 5, 1683 

Proclamation about Deeds, Feb. 17, 1683-4 

Statement of Walter Barefoot, Nov. 6, 1684 

Petition of Inhabitants against Mason, 1685 

Papers in Mason vs. Wiggin and Nutter, 1685 

Deed, Woualancet to Jonathan Tyng, Oct. 10, 1685 

Depositions about Mason Property, 1685 . 

Deed, Masou to Usher, Lidgett, and McCarty, Aj)ril 15, 1686 . 

A^erdict against William Vaughan Confirmed, Nov. 19, 1686 

Judgment for Costs against Vaughan, Dec. 10, 1686 

Samuel Allen's Agreement, Oct. 14, 1690 ..... 

Fine, &c., against John and llol)ert Tufton Mason ... 

Sale of Mason Possessions to Samuel Allen, April 27, 1691 

Robert Tufton Mason's Will, Oct. 21, 1692 . . . . ^ 

Robert Tufton Mason's Commission as Attorney-General, May 28 

1695 

Fine and Recovery in the County of Kent .... 

Statement of Henry Laugster, May 10, 1699 .... 
Letter, Bellomont to Lords of Trade, June 22, 1700 
Complaint against James Meuzies, Feb., 1700-1 
Permission to Withdraw Papers in Horn vs. Dow, Aug. 13, 1700 
Mortgage of New Hampshire, Allen to Usher, Oct. 14, 1701 
Governor's Speech and Answer, Feb. 10, 1703-4 . . . 

Deposition of Robert Pike, May 29, 1704 

Meeting of Committee on Allen's Claim, June 4, 1704 
Convention to Consider Allen's Claim, May 3, 1705 

Deed, Allen to Hobby, Aug. 28, 1700 

Case, Allen vs. Waldron, Aug. 12, 1707 ..... 
Address of the House to Queen Anne, 1707-8 .... 
Address of the Governor, Council, and House to the Queen, Dec 

6, 1709 

Record of Birth of John Tufton Mason, 1713 .... 

Mason Genealogy ......... 

Letter, Oliver Noyes and Elisha Cooke to Lt.-Gov. Vaughan, Jan 

30, 1715 

Extract from Lt.-Gov. Vaughau's Speech, 1716 

Council and Assembly Records, Jan. 11, 1716-17 ... 



124 
126 
127 
129 
131 
131 
132 
132 
132 
132 
134 
138 
141 
142 
143 
145 
148 
153 

155 
155 
157 
158 
158 
158 
159 
162 
163 
164 
164 
167 
172 
172 

172 
172 
172 

173 
173 

173 



Xll 



TABLE OF CONTENTS. 



Council and Assembly Eecords, Jan. 12, 1710-17 
Council Kecords, Jan. 17, 1716-17 ..... 
Council and Assembly Kecords, Jan. 17, 1716-17 
Council and Assembly Kecords, May 15, 1717 . 

House Journal, Oct. 12, 1717 

Council and Assembly Records, May 7, 1718 . 
Memorial of John Hobby, Nov. 22, 1726 .... 

Council and Assembly Record, Nov. 23, 1726 . 

House Journal, Nov. 24, 1726 ...... 

Council and Assembly Records, Nov. 24, 1726 . 

House Journal, Nov. 29, 1726 

Council and Assembly Records, Nov. 30, 1726 . 

Memorial of Jolin Tufton Mason, June, 1738 . 

Opinions of John Read and Robert Auchmuty, June 16, 1738 

Deposition of Mary Maufield, June 27, 1738 .... 

Depositions of Martha Trefethen and Deborah Jones, Jun 

1738 

Certificate and Depositions, 1738 

Certificate and Depositions, 1738 

Mason's Quitclaim Deed to Massachusetts, July 1, 1738 . 

Josiah Willard to Francis Wilks, July 24, 1738 

Tripartite Agreement, April 6, 1739 ..... 

Massachusetts Committee to Interview John Tufton Mason, 

29, 1739 

Council and Assembly Records, Oct. 30, 1744 ... 
House Journal, Dec. 19, 1744 ...... 

Memorial of John Tufton Mason, Feb. 18, 1745 
Council and Assembly Records, Feb. 22, 1745-6 

House Journal, May 7, 1746 

Lease, Mason to Wibird and Solly, May 16, 1746 . 
Indenture for Docking the Entail, May 17, 1746 
Recovery by John Wentworth, 1746 . 
House Journal, July 29, 1746 . 
House Journal, July 30, 1746 . . 
Council and Assembly Records, July 30, 1746 
Deed, Mason to Proprietors, July 30, 1746 
Proprietors' Quitclaim to Towns, July 31, 1746 
House Journal, July 31, 1746 . 
Council and Assembly Records, July 31, 1746 
House Journal, Aug. 1, 1746 
House Journal, Aug. 1, 1746 



e 27, 



Jun( 



TABLE OF CONTENTS. 



Xlll 



House Jourual, Aug. 2, 17i(; 219 

House Journal, Sept. 19, 1746 220 

Report of House Committee, Aug. 12. 174(5 ..... 220 

Answer of Proprietors to Committee, Sept. 4, 1746 .... 221 

Council aud Assembly Records, Sept. 6, 1746 ..... 224 

House Jourual, Dec. 8, 1746 ........ 224 

House Journal, Dec. 11, 1746 225 

List of Legislative Events ........ 225 

Draft of Deed of Sale to the Province, May 15, 1747 . . . 226 

House Journal, Aug. 20, 1747 227 

Answer of Proprietors to the Assembly, June 1, 1748 . 227 

House Journal, June 4, 1748 ........ 230 

Information from Joseph Elanchard, 1748 ..... 231 

Deposition of Margaret Pastree, July 25, 1748 .... 232 

Joseph Blanchard's Obligation, Nov. 5, 1748 232 

Letter from Joseph Blanchard, Nov. 30, 1748 233 

List of Petitions for Grants, Dec. 7, 1748 234 

Letter to John Tufton Mason 237 

Thomas Packer's Protest, March 1, 1748-9 . . . . . 247 

Power of Attorney to Jackson, Livermore, and Parker, June 14, 

1749 .... 247 

Letter from Joseph Blanchard, June 26, 1749 . . . ' . 249 

Motion for Amendment of Writ ....... 249 

Letter from John Tufton Mason, Sept. 15, 1749 . . . . 251 

Story of the Purchase from Mason ....... 253 

State of Mason's Title 263 

Deed, Mason to Proprietors, Sept 30, 1749 ..... 274 

Benjamin Pratt Asks for Information, Jan. 5, 1749-50 . . 277 

Eejiort of Committee on Importing Settlers, July 2, 1750 . 278 

Mason's Power of Attorney to Proprietors, Dec. 12, 1750 . . 279 

Letter to John Thomlinson, March 7, 1750-1 . . . ■ . 280 

Letter, Gov. Wentworth to the Board of Trade, March 23, 1750-1 . 281 

Letter, Thomlinson to Peirce, July 24, 1751 281 

Letter about Masonian Title, Oct. 16, 1751 283 

Letter, Atkinson to Thomlinson, Oct 19, 1751 283 

Letter from John Thomlinson, March 6, 1752 ..... 288 

Receipt for Papers, Sept 4, 1753 289 

Lords of Trade to the King, 1753 289 

Opinions of Nicholas Fazakerley, May 21, 1754 .... 300 

Judgment, Buswell vs. Ordway, June 5, 1754 ..... 301 

Letter, Atkinson to Thomlinson, Jan. 27, 1758 .... 302 



XIV 



TABLE OF CONTENTS. 



Mortgage, Clements to McHard, Sept. 22, 1758 

Letter, Atkinson to Thomlinson, May 13, 1763 

Letter, Atkinson to Thomlinson, 1763 

Deed, McHard to Proprietors, Aug. 13, 1766 

John Quigley's Certificate, Sept. 17, 1767 

James Richey's Request ...... 

Deposition of Jonathan Farwell and John Kendall, Oct. 
Instructions to Robert Fletcher, June 1, 1769 . 
House Journal, March 21, 1771 .... 

House Journal, March 22, 1771 

Letter from John Quigley, March 26, 1771 

Minutes of Meeting, May 1, 1771 .... 

Report from John Shepard, Jr., Aug. 24, 177:5 
Proxy, Peirce to Atkinson, Sept. 30, 1773 
Directions for Surveyor ...... 

Jonas Miuot to George Jaffrey, May 3, 1780 
Defence against Allen Title, April 12, 1785 
Rough Drafts of Warning to Allen Heirs . 
History of the Title, and Caution .... 

Request of Elijah Frink, Aug., 1785 
Protest against the Curve Line, Sept. 1, 1785 . 
Petition of Towns in Hillsborough County, May, 1786 
Petition of Inhabitants, June, 1786 .... 

Petition from the Heirs of Allen, June 12, 1786 
Report of Committee on Unimproved Lands, Jan. 19, 17 
Act for Ascertaining Waste Lands, Jan. 16, 1787 
Act to Quiet Land Purchasers, June 28, 1787 . 
Protest of Masonian Proprietors .... 

List of George Jaflfrey's Lots, March 21, 1788 . 

Terms of Compromise with the State, June 2, 1788 . 

Act for Sale of Lands to the Proprietors, June 17, 1788 

Deed, State to the Proprietors, June 18, 1788 . 

Act for Levying Taxes, June 18, 1788 

Report of Proprietors' Committee, Sept. 5, 1788 

George Jafifrey's Bond, Feb. 20, 1789 

Deed, Allen Heirs to Proprietors, Jan. 28, 1790 

Draft of Memorial of George Jaffrey, Jan. 3, 1791 . 

Petition of Mary Tufton Mason, Dec. 7, 1791 . 

John Peirce's Statement, Aug. 30, 1792 . 

Vote of the House, Dec. 15, 1792 .... 

George Jaffrey to William Plumer, June 5, 1794 



13, 1767 



87 



TABLE OK CONTENTS. 



XV 



Oliver Peabody to (ieoi-ge .lall'rey, -July 12, 1794 

Deed, Woodbury Langdon to the Proprietors, Aug. 15, 1795 . 

N. Daue to (leorge Jaffrey, Feb. 5, 1798 ..... 

Jeremiah Smith to George Jaffrey, April 29, 1800 

.\ct for Holdiixg ^leetiugs iu Portsmouth, June 10, 1803 . 

Deposition of Ebeuezer Towie, Oct. 0, 1803 .... 

Depositions of Jeremiah Bacon and Samuel Gunnison, Oct. 6 

1803 

Deposition of Joseph Blauchard, April 7, 180i 

Deposition of John Stearns, April 13, 1804 .... 

Joseph Blanchard to John Peirce, April 15, 1804 

Jotham Rindge's Journal ........ 

Records of the Meetings of the Proprietors .... 



372 
372 
373 
374 
374 
376 

378 
381 
384 

375 
385 
401 



Appendix. 



Mason's Offer to the King, 1681-2 

Surrender of Revenues to the King, Ajjril 1, 1682 
Answer of Elias Stilemau to Mason's Claim, Nov. 15, 1682 
Answer to Mason's Claim ....... 

Act for Sale of Lands to the Proprietors, June 17, 1788 . 
Act for Levying Taxes, June 18, 1788 .... 

Index .......... 



647 
648 
649 
651 
654 
655 

659 



r>^RT I. 

The several patents and other iustrnments constituting the basis of the 
title of John Mason to parts of that portion of New England established as 
New Hampshire. 

Records and documents of a general nature relating to the Masonian 
Patent in New Hampshire. 



[Council of Plymouth Established, Nov. -5, 16W.'] 
[Masonian Papers, Vol. 1, p. 1.] 

James by the Grace of God of England Scotland France & Ire- 
land defender of the Faith &'^ 

To all to whom these presents shall Come Greeting 

Whereas u{)on the humble petition of diverse of our well dis- 
posed subjects that Intend to make plantations in the Parts of 
America between the Degrees of thirty four & forty five We 
According to our princely Inclinations favoring their worthy dispos- 
sitions in hope thereby to advance the Inlargm' of Christian Relig- 
ion to tlie Glory of Almighty God as also that by that means to 
stretch out the bounds of our Dominions and to replenish those 
deserts with People Governed by Laws and Magistrates for the 
more peaceable Commerce of all that in time to come shall have 
Occasion to TrafEque into those Territories; Granted unto S"" 
Thomas Gates, S'^ Geo: Summers Knights, Thomas Haman Raleiyl 
Gilbert Esq" & other their asociats for y® more speedy Accomplish- 
m' thereof, by Our Letters Pattents being dated y'' 10"' day of April 
in the fourth year of our lieign of England france & Ireland & of 
Scotland the Fortieth, free Liberty to devide themselves into two 
several Collonies y® one called y** first Collony to be undertaken & 
advanced by Certain Knights Gentlemen & Merch'^ in & about our 
City of London ; the other called the second Collony to be under- 
taken & advanced by Certain Knights Gentlemen & Merch^^ & their 
associats, in or about our Citties of Bristol Exon & our Town of 
Plymouth & other places as in & by our Letters pattents amongst 
other things it Doth & May more at large appear — 

And whereas since that time upon the humble petition of the s'' 
Adventures & planters of the s'' first Collony we have been gra- 
ciously pleased to make them one distinct & Intire Bod}' by them- 
selves giving unto them their distinct Lymetts and bounds, and have 
upon their like humble request Granted unto them diverse Liberties 
priviledges Enlargm'" & Immunities as in & by our several Letters 



4 CHARTER RECORDS. 

pattents it doth & may more at Large appear, Now for as Much as 
we have been in Like manner humbly petition'd unto by our Trusty 
& well beloved Servant S'' fferdenando Gorges Knight Cap' of our 
ffort & Island by Plymouth & by Certain the principle Knighs & 
Gentlemen Adventurers of the s'^ second Collony & by diverse other 
persons of Quallyty, who now Intend to be their Associats diverse 
of w*"*^ have been at great & Extraordinary Charge & sustained 
Many Losses in seeking & discovering a plase fitt & Convenient to 
Lay the ffoundation of a hopefull plantation, & have diverse years 
past by Gods Assistance & ther own Endeavouis, taken actual pos- 
sesion of the Contenen' hereafter mentioned in our Name & to our 
use as Sovereign Lord thereof, & have settled already some of our 
people in places agreeable to there desires in those parts, & in Confi- 
dence of Prosperous success therein by the Continuance of Gods 
divine blessing & our Royall permission have resolved in a more 
plentiful and Effectual Manner to prosecute the same — And to that 
Purpose and Intent have desired of us for their better Incouragm' 
and satisfaction therein, and that they may Avo3'de all Confusions, 
questions or differences between them selves & those of the said first 
Collony, that we would likewise be Graciously pleased to make Cer- 
tain adventurers intending to Erect and & Establish Fishery trade & 
Plantations within the Territories, presincts & Lymmits of the said 
second Collony, & their Successors one several distinct &intire body, 
& to grant unto them such Estate Liberties, priviledges, Enlargm'^ 
& Immunities there as are in these our Letters pattents hereafter 
particularly Expressed & Declared ; & for as much as we have been 
Certainly given to understand by diverse of our good subjects y" 
have for these Many years past Frequented these Coasts & Territo- 
ries, between the Degrees of forty and forty Eight y' there is no other 
y^ Subject of any Christian King or state by an}' authority from their 
sovereign Lords or princes actually in Possession of any of the Lands 
or presincts whereby any right Claim Intrest or title may might or 
ought by y' means accrue belong or appertain unto y'" or any of y'" & 
also for y' we have been further given Certainly to knowy' w"'in these 
late years there hath by Gods visitation reign'd a wounderfull pleague 
together w"' Many Terrible slaughters & Murders committed amongst 
y^ savage & brutish peo))le there heretofore Inhabiting in a manner 
to y*^ utter devastation distruction & depopulation of y* whole Terri- 
tory, so y' there is not left for many Leagus together in a manner any 
y* do claim or Challenge any kind of Intrest therein nor any other 
Sup"^ Lord or sovereign, to make Claim there unto whereby we in our 
Judgm' are i)erswaded & satisfied y' y^ appointed times come in w'*' 
Almighty God in his Great goodness & bounty towards us & our 



MASONIAN PAPERS GENERAL. 5 

people hath Tliouglit fit & determined y' those Large & goodly Ter- 
ritories deserted as it were by their natural Inhabitants should be 
possessed & Enjoyed by such of our subjects & people as heretofore 
liave & hereafter shall be by his mercy & favo' & by his powerfuU 
Arm be directed cV: Conducted thither: In (Contemplation and serious 
Consideration whereof we have thought it fit according to our Kingly 
duty so much as in us Lyeth to second & follow Gods sacred will ren- 
dering reverend thanks to his divine maj''*' for his Gracious favour, in 
Lying open and revealing y^ same unto us before any other Christian 
prince or State by w'''' means without offence & as we trust to his 
Glory we may w"' boldness go on to the settleing of so hopefull a 
work which Tendeth to y"* reduceing & Conversion of such Savages 
as remain wandering in disolation & distress to Civil Soceity & Chris- 
tian Religion, to y*" Inlargm' of our own Dominions & y" advancm' 
of y^ fortune of such of our good subjects as shall willingly Intrest 
them selves in the s'^ Employm' to whom we Cannot but give singuler 
Commendations for their so worthy Litentions and Interprise, we 
therefore of our Especial grace meer motion & Certain Knowledge 
by y*^ advise of y® Lords & others of Our privy Council have for us 
our heirs & successors granted ordained & Establish'd & in & by these 
presents do for us our heirs & Successors grant ordain & Establish y' 
all Circuit Contenent presincts & Lymmits in america lying & being 
in the breadth from forty degrees of Northerly I^atitude from the 
Equanoctial Lyne, to forty Eight degrees of y*" s*^ Northerly Latitude, 
& in Length by all the Breadth afores"* thro' The Main Land from 
sea to sea with all the seas rivers Islands Creeks Inletts ports & 
havens within the Degrees presincts and Lymmitts of the said Lati- 
tude & Longetude shall be the Lymmitts and bounds & presincts of 
the second Collony & to the End y^ the said Territories may forever 
hereafter be more particularly & Certainly knowen & Distinguised 
our will & pleasure is that y*^ same shall from hence forth be nomi- 
nated term'd & called by y« Name of New England in America & 
by y' name of New England in America the s'' Circuits presincts 
Lymmits Continent Islands & places in America aforesaid We do by 
these presents for us our heirs Successors Name call Erect found & 
Establish & that by that Name to have Continuance forever, and for 
the better Plantation ruling & Governing of the aforesaid New Eng- 
land in America we will Ordain Constitute Assign Lymmit & 
Appoint for us our heirs & successors. We by the advise of the 
Lords & others of the said Privy Councill do by these presents 
ordain Constitute Lymmit & appoint that from henceforth there 
shall forever hereafter in our Town of Plymouth in the County of 
devon on body PoUitick & Corporate w''' shall have perpetual Sue- 



6 CHARTER RECORDS. 

cesioii which sliall Consist of the Number of forty persons & do 
more which shall be & shall be Called &knowen by the Name of the 
Council Established at Plymouth in the County of Devon for plant- 
ing ruling ordering and Governing of New England in America 
and for that purpose we have at and by the Nomination & Request 
of the Said Petitioners; Granted Ordained Establish'd & Cou- 
firm'd and by these preseiits for us our heirs & successors do 
Grant Ordain Establish & Confirm our right Trusty & right well 
beloved Cozens & Councellors Lodowick Duke of Lenox Lord 
Steward of our house hold George Lord Marquis Buckinham our 
high admiral of England James Marquis Hambleton William 
Earl of Pembrook Lord Chamberline of Our houshold Thomas 
Earl of Arrundell & our right Trusty & right well beloved 
Cozen William Earl of Bath And Our right trusty & right well be- 
loved Cozen & Councillor Henry Earl of south harapton and our 
right trusty & right well beloved Cozen William Earl of Salsbury & 
Rob" Earl of Warwick & our right Trusty and well beloved John 
Viscount Haddington & our right Trusty & well beloved Councellor 
Edward Lord Zouch Lord Warden of our ('inque ports and our 
Trusty and well beloved Edmond Lord Shieffeild Edw'^ Lord Gorges 
and our well beloved S'' Edw'^ Seymore Kn' and Barron^ S'' Rob" 
Mansfeild S'' Edw'^ Zouch our Knight Marshal S"^ Dudley Diggs S'' 
Thomas Row S"" Fardenando Georges, S"" Francis Popham S"^ Jn** 
Brooks S"^ Thomas gates S"" Rich'^ Haukings S"^ Rich'^ Edgcom s'' Allen 
Apsly S^ Warwick Hales S^ Rich'' Catchway S' Jn« Boucher S' Na- 
than' Rich S'' Edw: Giles s'' Giles Mompasson, S"^ Tho: Worth Kn* & 
our well beloved Mathew Sutcliffe dean of Exeter Rob' heath Esq'' 
recorder of our Citty of London Henry Bourcher Jn" Drake Ranleigh 
Gilbert Geo: Chidly Tho: Hammon & John Argal Esq" to be in & by 
these presents, We do appoint them to be the first ^Modern & present 
Council, Established at Plym° in the County of Devon, for the plant- 
ing ruling ordering And Governing of New England in America & 
y' they and the Survivours of them & such of the survivours & sur- 
vivor of them shall from time to time Elect & Choose to make up the 
afores*' Number of forty '^sons when & as often as any of the raor any 
of their successors shall happen to decease, or to be remov'd from be- 
ing of the s'' Council shall be in & by these presents Incorporated to 
have a perpetual succession forever in Deed ffact & Name & shall be 
one body Corporate & pollitique & that those & such s'' persons & 
their successors & such as shall be Elected & Chosen to succeed them 
as afores'' shall be & by these presents are &, be Incorporated Named 
& called by the name of the Council Established at Pl3Mnouth in the 
County of Devon for the planting ruling & Governing of New Eng- 



:masonian papers general. / 

laiul in America and them the s'' Duke of Lenox Marquis Bucking- 
ham, i\Iari[uis llambleton Earl of Penbrook Earl of Arundel Earl of 
Bath Earl Southampton Earl of Salsbur}^ Earl of Warwick Viscount 
Haddington Lord Zouch Lord sheffeld Lord Georges S'' Edw'^ sey- 
more s^ Rob' Mansfeild S"" Edw: Zouch S"" Dudly Diggs s^ Tho: Row 
S"" iferdenando Gorges S' Francis Pophani S' Jn*^ Brooks s' Tho* 
Gates S"" Rich'' Haukings S^ Rich'' Egcom S' Allen Apsly S'' Warwick 
Heale S"" Rich' Catchway s'' Jn'^' B\)utchei S^ Nathn' Rich: s' Edw: 
Giles S^ Giles Mompesson s"^ Tho: Worth Kn'** Math Sutclife Robert 
Heath Henry Bourcher Jn° Drak Ranleigh Gilbert Geo: Chidly Tho: 
Haman & Jn° Argal Esq'' & their Successors one body Corporate and 
pollitique in Deed & in Name by the Name of the Council Establish'd 
at Plym° in y® County of Devon for planting ruling & Governing of 
New England in America We do by these presents for us our heirs & 
successors really and fully in Corporate Erect ordain Name Consti- 
tute & Establish & y' by y® same name of the s'' Council they & their 
successors forever hereafter be incorporated Named & Called & shall 
by the same Name have p'"petual Succession And further We do 
hereby for us our heirs & successors grant unto the said Council Es- 
tablish'd at Plym"' that they & their Successors by the same Name be 
& shall be & shall Continue ^sons, able & Capable in the Law from 
time to time & shall by that Name of Council afores'' have full power 
& authority & Lawful! Capacity & ability as well to purchase take 
hold, receive, Enjoy & to have to them & their successors forever any 
Lands Mannors, Tenements, Rents, royalties, p''viledges, Liimunities, 
Reversions, annuities hereditaments, Goods & Chatties whatsoever of 
or from us our heirs & successors & of or from any other person or 
persons whatsoever as well in & within this our Realm of England as 
in & within any other place or places whatsoever or wheresoever & 
the same Planners, Lands, Tenements & hereditaments, Goods or 
Chatties or any of them by the same Name to allien & sell or to do 
Execute ordain & perform all other matters & things whatsoever to 
the s'' Incorporation & plantation Concerning & belonging; and fur- 
ther our will & pleasure is, y' the s*^ Council for the time being & 
their successors shall have full power & Lawfull Authority by the 
name aforesaid to sue & be sued, to Impleade & be Impleaded 
answer & to be answered unto, in all Manner of Courts or places 
that now are or hereafter shall be within this our realm & else where 
as well Temporal as Spiritual in all Manner of Suits and matters 
whatsoever and of what nature or kind whatsoever such suits or 
Actions be or shall be And our will & Pleasure is y' the said forty 
persons or the Greater Number of them, shall & may from time to 
time, and at all times hereafter, at their own wMll & pleasure Accord- 



8 CHARTER RECORDS. 

ing to the Laws, ordinances & orders of, or by them, or by the Greater 
Part of them, hereafter in Manner & form in these Presents men- 
tioned, to be agreed upon, to elect & chuse amongst themselves, one 
of the said forty Persons for the time being, to be President of said 
Councel which President so elected & chosen, we will, shall continue 
and 1)6 President of y*" said Councel so Long time as by the Orders 
of the said Councel from time to time be made as hereafter is men- 
tioned shall be thought fit, and no longer, unto which President or in 
his absence to any such pei-son as by the orders of y® said Council 
shall be thereunto a Pointed Wee do give Authority to give Order 
for the Warning of the said Councel & summoning the Company to 
their meetings and our will & pleasure is that from time to time 
when & so often as any of the s'' Council shall happen to Decease or 
to be removed from being of tlie said Council that then and so often 
as the survivors of them of the said Council & no other or the 
Greater Number of them who then shall be from time to time left 
& remaining and who shall or the Greater Number of which y*^ shall 
be Assembled at a publick Court or meeting to be held for tlie said 
Company shall Elect or Choose One or more other person or persons 
to be of the said Councel and which from time to time shall be of the 
said Council so that the Number of forty persons of the said Council 
may from time to time be supplyed ; provided always that as well the 
persons herein Named to be of the said Council as every other Coun- 
cillor hereafter to be Elected shall l:»e presented to the Lord Chan- 
celler of England, or to the Lord high Treasurer of England, or to the 
Lord Chamberline of the house hold of us Our heirs & successors, 
for the time being, to take his & their Oath & Oaths of a Chancell' 
or CouncelP To us our heirs & successors for the s*^ Company & Col- 
lony in New England, & further we will & Grant by these presents, 
for us our heirs & successors unto the s'' Councel & their successors 
that they and their successors shall have and Enjoy forever a Com- 
mon seal to be Engraven according to their Discription, and that 
it shall be Lawfull for them to Appoint what other seal or seals 
they shall think most meet & nessessary either for their use as they 
are one united body Incorporate here as for the publick of their Gov- 
ern" & Ministers in New England afores'' whereby the said Incorpo- 
ration May or sliall seal any manner of Instrument touching the same 
Corporation and the Mannors, Lands, Tenements, Rents, Reversions, 
Annuities, hereditaments, Goods, Chatties, affairs & any other things 
belonging unto or in any wise appertaining touching or Concerning 
the said Council And their successors or Concerning the said Corpo- 
ration or plantation in & by these our Letters pattents as aforesaid, 
founded Elected & Established and we do further by these presents 



MASONIAN PAPERS GENERAL. 9 

for us &; our heirs and successors Grant unto the Councel & their suc- 
cessors that it shall & may be Lawfull to & for the said Councel & 
their successors for the time being in ther Discressions from time to 
time to admit such & so many person & persons to be made free & 
Enabled to trade & Trafiique unto within & in ^'ew England aforesaid 
& to every part or parcel thereof or to have possess or Injoy any Lands 
or heriditaments in New England aforesaid, as they shall think fit 
according to the Laws Orders Constitutions & Ordenances, by the 
said Council & their Successors from time to time to be made & 
Established by Virtue of & according to the true Intent of these 
])resents & under such Conditions reservations & agreem'* as the said 
Councel shall set Down Order &, direct & not other wise, and further 
of our special grace Certain knowledge & meer Motion, for us our 
heirs & Successors, We do by these pi-esents give & grant full power 
& authority unto the said Councel, that the Said Councel & their Suc- 
cessors, for the time being or the greatest part of them, shall & may 
from time to time nominate make Constitute & Confirm by such 
Name or Names stile or Stiles as to them shall seem good & like wise 
to revoke discharge Change & alter, as well all & singuler Govern""* offi- 
cers & Ministers w''' hereafter shall be by them thought fit & needful! 
to be made or used as well to attend the buisness of the s'^ Company 
here as for the Governm' of the S'^ Collony & plantations, and also to 
make ordain & Establish all manner of orders Laws Directions In- 
structions formes & Cerimonies of Governm' & Magistrycy fit & Nes- 
sessary for & Concerning the Governm' of the said Collony & Planta- 
tion so always that the same be not Contrary to the Laws & Statutes 
of this our realm of England & the same at all times hearafter to 
abrogate revoke or Change not only within the presinct of said Col- 
lony but also upon the seas in going & Coming to & from y® said Col- 
lony as they in their good discressions shall think to be fitest for the 
good of the adventurers & Inhabitants there, and we do further of 
our especial Grace Certain Knowledge & meer motion Grant declare 
& Ordain that such })rinciple Govern"^* as from time to time shall be 
authorized and appointed in manner & form in these presents hereto- 
fore Expressed shall have full power & Authority to use & Exercise 
Marshall Laws & in Cases of Rebellion Insurrection & Mutany in as 
large and ample a manner as our Leiu^* in our Count3's within our 
realm of Enghmd have or ought to have by force of their Commis- 
sion of Lieutenancy and for as much as it shall be Necessary for all 
such our Loving subjects as shall Inhabit within the said presincts 
of New England Aforesaid to determine to Live to geatherin the fear 
and true worship of Almighty God, Christian peace & civil quiet- 
ness, each with other, whereby every one may with More Safty 



10 CHARTER RECORDS. 

pleasure & profitt Enjoy that whereunto they shall Obtain w"' Great 
Pain & peril We for us our heirs & successors are Likewise [)leasecl 
& Ctuitented and by these presents do give & Grant unto the s'' 
C'ouncil & ther successors & to such Govern''* Officers & Minister as 
shall be by the s'' Council Constituted & apointed according to the 
Nature & Lymmits of ther offices & places respectively, that they 
shall & may from time to time forever hereafter, w'^'^in the presincts 
of New England, or in the way by the seas thither & from thence 
have full & absolute power & Authority to Correct, punish, pardon. 
Govern & rule all such the subjects of us our heirs & successors as 
shall from time to time adventure them selves in any Voyage thither 
or that shall at any time hereafter Inhabit in the presincts & Terri- 
tories of the Collony as afores'' According to such Laws Orders & 
Ordainances directions & Instructions as by the s'^ Councel afores'^ 
shall be Establish'd in defect thereof, in Case of Necessity according 
to the good discressions of the said Govern"^ & officers respectively as 
well in Cases of Capital & Ciiminal as Civil boath Marrine and others 
for always as that y** s'^ statutes ordinances & proceedings as near as 
Conveniently may be agreeable to the Laws Statutes Goverm' & 
pollicy of this our realm of England, & further more if any person 
or persons, adventurers or planters of The s'^ Collony or any other at 
any time or times here after shall transport any money, Goods or 
^Lchndize out of any our Kingdoms with a pretence & purpose to let 
Land, or other wise dispose the same within the Lymmits & bounds 
of the s'' Collony, and yet nevertheless being att sea or after he hath 
Landed within any part of the said Collony, shall carry the same into 
any other Forreign Country with a ]jurpose there to sell & dispose 
thereof that then all the Goods & Chatties of y" s'' person So offend- 
ing & Transported togeather, with the ship or Vessell wherin such 
Transportation was made shall be forfeited to us our heirs and sue 
cessors, and we do further of our Especial Grace, Certain knowledge 
& Meer Motion, for us our heirs & Successors for & in respect of the 
Considerations aforesaid & for Divers other good Causes & Consider- 
ations us thereunto Especially moveing & by the advice of the Lords 
and others of our said Privy Councell have absolutely given granted 
and Confirmed & by these presents do absolutely give grant & Con- 
firm unto the said Councell Called the Councel Establish'd at Plym** 
in the County of Devon, for the planting ruling & Governing of New 
England, in America, & to their successors forever all the afores'' 
Lands, Grounds, Tenem'^ presincts, place, places, & Territories, viz*- 
that afores"^ part of America lying & being in breadth from forty de- 
grees of Northerly Latitude, from the Equonoctial Lyne to forty 
Eight degrees of the said northerly Latitude Inclusively and in length 



MASONIAN PAPERS GENERAL. 11 

of and within, all the BreacUli aforesaid throiigliout the mean Lands 
from Sea to Sea, togeather also with all the firm Lands, soyles 
Grounds Havens, Ports, rivers, waters, fishings Mines and Munerals, 
as well Royal Mines of Gold & silver as other mines and Munerals, 
Precious stones quarris and all and singuler other Commodities Ju- 
risdictions, Royalties priviledges & preheminences bouth within the 
s^ Tract of Land up the main & also within the said Islands & seas 
adjoyning Provided always that the s'' Lslands or any the premises 
herein before Mentioned & by these present Intended & Meant to be 
granted be not Actually, possessed or Inhabited by any other Chris- 
tan prince or state, or be within the bounds Lymmits or Territories 
of that southern Collony, heretofore by us granted to be planted, by 
divers of our loving Subjects in the south parts. To have and to hold, 
possess & Enjo}^ all & singuler the afores'' Continent, Lands, Terri- 
tories, Islands, heriditam"* & presincts sea, water, fishing, with all & 
all manner their Commodities, Royalties, Liberties, prehemenences, 
& profits that shall arise from thence with all & singuler ther appui'- 
tenances & every part & parcel thereof, & of them to, & unto y® s*^ 
Councel & their successors & assigns forever, to the sole only & pro- 
per use benefit & behoof of them the s'^ Councel & their successors & 
assigns forever, to be holden of us our heirs & successors, as of our 
mannor of East Greenwich, in our County of Kent, in free & Com- 
mon soceage & not in Cuppite, Nor by Knights Service, y eliding & 
paying therefore to us our heirs & successors the fifth part of the oar 
of Gold, and silver, which shall from time to time and at all times 
hereafter, shall happen to be found, gotten, had & obtained in all or 
within any the said Lands Lymmits Territories & presincts, or in or 
w"'in any part or parcel thereof for or in respect of all manner of 
Duties, demands & services whatsoever to be done made or paid to 
us our heirs & successors and we do further of our special Grace, 
Certain knowledge & meer motion for us our heirs & successors grive 
& grant unto the s'' Councel & their successors forever by these pres- 
ents y' it shall be Lawfull & free for them & their Assigns at all & 
every time & times hereafter out of any our realms or Dominions 
whatsoever to take Load Carry and Transport in & into their Voy- 
age & for & towards the said plantation in New England, all such 
& so much of our Loveing Subjects or any other strangers that will 
become our Loving subjects, & Live under onr allegiance shall wil- 
lingly accompany them in the s'^ Voyage & plantation with shipiug 
armour weapons Ordenance Munition powder & shot Victuals & all 
manner of Cloathing Impliments furniture Beasts Cattle horses Mares 
and all other things Necesary for the said plantation & for their use 
& Defence & for Trade with the People there & in passing & return- 



12 CHARTER RECORDS. 

iiig to & from without paying or yeilding any Custom or Subsidy 
either Inwards or outwards to us our heirs & Successors for y*^ same 
for tlie space of seven years from the Day of the date of these pres- 
ents Provided that none of the said persons be such as shall be here- 
after by special Name Restrained by us our heirs or successors : and 
for there further Incouragem*^ of our special Grace «St favour we do by 
these presents for us our heirs And Successors yeild & Grant to & 
with the said Councel and their Successors & every of them their 
Factors & assigns that they & every of them shall be free & quiet 
from all Subsideys & Costoms in New England for the Space of seven 
years & from all Taxes & Impositions for the space of Twenty one 
years upon all Goods or Merchandize, at any time or times hereafter 
either upon Importation thither or Exportation from thence into our 
realm of Engrland or into any other our Dominions by the S'' Councel 
& their successors their Deputies factors & assigns or any of them 
Except only the five pounds 'i^ ce" due for the Custom upon all such 
Goods and Merchandizes as shall be brought or Imported into our 
realm of England or any other our Dominions according to the antient 
Trade of Merchants which five pounds ^ Centum only being paid it 
shall be hence forth Lawfull & free from the said adventurers the 
same Goods & Merchandize to Export & Carry out of our s'^ Domin- 
ions into forreign parts without any Custom Tax or other duty to be 
paid to us our heirs or successors, or to any other officers or Ministers 
of us our heir & successors, provided y* y® s*^ Goods & Merchandize 
be shiped out within thirteen months after Their first Landing within 
any part of these Dominions, and further our will & pleasure is that 
we do by these presents Charge Command & warrant «Sc Authorize the 
said Councell & their successors or the Major part of them which be 
present and assembled for that purpose from time to time, under their 
Common seal distribute Convey assign & sett over such particular 
portions of Land Tenements & heriditaments as are by these presents 
formerly Granted unto each of our Loving Subjects, Naturely born or 
Denizens or other as well adventurers as planters, as b}' the said Com- 
pany upon Commission of survey & distribution Executed & return'd 
for that purpose, shall be Named, appointed & allowed wherein our 
will & pleasure in that respect be had as well to y® proportion of the 
adventurers as to the Especial s''vice hazard Exployt or merrit of any 
persons so to be recompensed advanced or rewarded & we do also for 
us our heirs & Successors grant unto the said Councel and their suc- 
cessors «& to all & every such Govern"" & other officers or ministers, as 
by the said Council shall be appointed to have power & authority of 
Governm' «& Command in or over the said Collonies & plantations, y* 
they & every of them shall & Lawfull}' may from time to time & at 



MASONIAN PAPERS GENERAL. 13 

all times, hereafter forever, for their several Defence safely incounter 
P^xpulse repell &; resist, by force of Arms as well by sea as by Land, 
& always & means whatsoever all such person or persons as without 
the special Lycence of the said Councel & their successors or the 
greater part of them shall attempt to Inhabit within the s'' several 
presincts & Lymmits of the said Collony & plantation & also all & 
every such person & persons whatsoever as shall Enterprize or at- 
tempt at any time hereafter distruction. Invasions detteriment or an- 
noyance to the said Collony, »fc plantation & that it shall be LawfuU 
for the said Councel and their successors & every of them from time 
to time & at all times hereafter as they shall, full power & authority 
to take & surprize by all ways & means whatsoever all & every such 
& persons whatsoever with their ships, Goods & other furniture Traf- 
faquing in any harbour Creek or place within the Lymmits or bounds 
of said Collony, & plantation & not being allowed by the s'' Councel 
to be adventurers or planters of the said Collony: and of our further 
royal favour we have Granted for us our heirs & successors, we do 
Grant unto the said Council & their successors that the said Territo- 
ries Lands rivers & places afores'^ or any of them shall not be Visited 
frequented or traded into by any other of our Subjects or the subjects 
of us our heirs or successors either from any of the parts & havens 
belonging or ap{)ertaining or which shall be long or appertain unto us 
our heirs or successors or to any forreign prince state or pottentate 
whatsoever & therefore we do hereby for us our heirs & successors 
Charge Command prohibit & for bid all y** subjects of us our heirs & 
successors of what degree & quality soever they be y' none of y'" di- 
rictly or indirectly Presume to vissit frequent Trade or adventure to 
Traffique into or from the said Territories Lands rivers & places 
afores'' or any of them other then the s*^* Council and their successors, 
Factors, deputies and assigns unless it be with the Lycence & Con- 
sent of the s'* Council & Company first had & obtained in writing 
under their Common Seal upon pain of our Lidignation and Impris- 
onm' to their bodys dureing the pleasure of us our heirs or Successors 
& the forfeiture and Loss both of their ship & Goods whatsoever 
they shall be found either within any of our Kingdoms or Dominions 
or any the place or places out of our Dominions and for the better 
Effecting of our s'* Pleasure therein. We do hereby for our heirs & 
Successors give & grant full power & authority unto the said Coun- 
cel & their Successors for the time being that they by themselves 
their ffactors Deputies or assigns, shall & may from time to time & 
at all times hereafter attach, arrest, take & seize all & all manner of 
ship or ships, goods, Avears & Merchandize whatsoever, which shall 
be brougiit from or Carryed to the places before mentioned or any of 



14 CHARTER RECORDS. 

tliem Contrary to our will & pleasure before in these presents Ex- 
pressed, the ]\Ioyatie or one half of all which foifeiture we do hereby 
for us our heirs v^ Successors give iS: grant unto the said Councel »i' 
their Successors to their own proper use without Accoiu^ lV" the other 
Moyatie or half part thereof we will it shall be & remain to the use 
of us our heirs & Success" & we likewise Have Condisended & 
Granted & by these presents, for us our heirs &:, Successors do Con- 
disend & grant to & with the said Council & their Successors that we 
our heirs or successors, shall not or will not give or grant any Liberty 
Lycence or authority to any person or persons whatsoever, to sail, 
trade or Traffick into the aforesaid parts of New England without the 
Good will and likeing of the said Councel or the greatest part of 
them for the time being at any of their Courts to be Assembled, and 
we do for us our heirs & Successors give &: grant unto the said Coun- 
cel &: their Successors that whensoever or so often as any Custom or 
subsidie shall grow due or payable to us our heirs ^Sc Successors ac- 
cording to the Lymitation & Appointm' aforesaid by reason of any 
Goods wears or APchandizes to be shipped out, or any return to, be 
made of any Goods wears or ^Pchandize unto or from New England 
or any of the Lands or Territories aforesaid that then so often & in 
such Case the Farmers, Customers »S: officers of our Customes of 
England ^k: Ireland & every of them for the time being upon request 
made unto them by the s'' Councel their Successors Factors or assigns 
<k upon Convenient security to be given in their behalf shall give &; 
allow unto the Said Councel & their successors & to all person or 
persons free of said Company as aforesaid six months time for the 
]iavm' of the one half of all such Customs & subsidies as shall be 
due <S: payable unto us our heirs ik; successors for the same for which 
these our Letters pattents or the duplicate or the Inrolem' thereof 
shall be unto ottr s'^ officers a sufficient warrant & discharge Never- 
theless our will »S: pleasure is, that if any of the said Goods, wears, or 
^NFchandizes which be or shall be at any time hereafter Landed & 
exported out of any of our realms afores'' v^ shall be shiped with a 
purpose not to be Carryed to New England afores*^ that then such 
paym' duty, Custom, Imposition, or forfeiture shall be paid, ^: belong 
to us our heirs & successors, for the s*^ Goods wears &; ^Lchandizes so 
Fraudently sough to be Ti-ansported as if our Grant had not been 
Made nor CTranted, & we do for us our heirs &: successors give A: 
grant unto the said Councel A: their successors forever, by these pres- 
sents that the said president of the said Company or his Deputies, 
for the time being or any two others of the s'^ Councel for the said 
Collonv of New England for the time being shall & may at all times 
hereafter from time to time have full power k authority to minister & 



MASONIAX I'Al'KIIS GENERAL. 15 

give tlie Oath and Oaths of Allegiance &, sujn-eniacy or either of them 
to all & every person or persons w''" shall at any time or times here- 
after go or ])ass to the said CoUony in New England, and further that 
it shall be likewise Lawfull for y** s'' piesident oi- his deputy for the 
time being or two others of the said Councel for the s'' Collony in New 
England for the time being from time to time & at all times heieafter, 
to Minister such a forraall Oath, as by their discressions shall be rea- 
sonably devised, as well unto any person or persons Imployed or to be 
Imployed, in, for or touching the s'' jjlantation for their honest faith- 
full and Just Discharire of their Service in all Such Manner as shall 
be Committed unto them : for the good & benefit of the said Com- 
pany Collony & plantation, as also unto such other person & persons 
as the s"^ piesident or his deputy with two others of y*' said Councel 
shall think meet for the Examination or Clearing of the truth in any 
Case whatsoever Concerning the said plantation, or any Buisness from 
thence proceeding or thereunto belonging & to the end, that no Lewd 
or ill disposed person, Sailors, Souldiers, Artificers husbandmen, La- 
boures or others, which shall receive wears, apparel or other Enter- 
tainm' from the s'' Councel or Contract & agree with the s*^ Councel to 
go &: to serve tS: be Imployed in the s'' plantation in the Collony in New 
England, do afterwards withdraw, hide & Conceal themselves or refuse 
to go thither after they have been so Entertained & agreed with all, 
& that no person shall be sent & Imployed in the s'^ plantation of the 
the s'' Collony in New England, upon the charge of y^ s'^ Councel do 
Misbehave themselves, by Mutinous seditious & other Notorious Mis- 
demeanors, or which shall be Imploy'd or sent abroad by the Govern- 
our of New England or his deputy with any ship or pinnace for pro- 
visions for the s' Collony or for some discover}' or other Buisness & 
affairs Concerning y"^ same do from thence Treaclierously, either come 
back again, or return into y^ realm of England, by stealth or without 
Lycence of the Govern'^ of y® s'^ Collony in New England for y'^ time 
being & be sent Thither as Misdoers or offenders & that none of those 
])ersons after they return from thence being questioned by y*" s'^ Coun- 
cel here for such their Misbehav"^ & offences do by Insolent and Con- 
temptious Carriages in y*^ presence of y*" said Councel shew litle 
respect & reverence either to the place or Authority in w'*^ we 
have placed & api)ointed y"" & others for y^ Clearing of their Lewd- 
ness Committed in New England, devulge. Vile & slanderous reports 
of the Country of New England or of y'' Goverm' or state of the 
said plantation 6c Collony to bring the said voyages &; plantations into 
disgrace & Conterap' by means whereof not only the Adventurers & 
planters already Ingaged in the said plantation may be exceedingly 
abused & hindered & great Numbers of Our Loving & well disposed 



16 CHAIlTKIl KK(A»i:i».S. 

Subjects, otherwise well affeeted cS: Inclined to Joyn & adventure in 
so noble a Christian ^: worthy an Acticui May be discouia^'ed fronj 
the same but also the enterpiize itself may be Overthrown, w''' can- 
not Miscarry without some dishonour to us & our Kingdoms : We 
therefore for preventing so great an Enormious Abusses, «N>: Misde- 
meanors do b}' these present for us our heirs ».\: successors Give & 
grant unto the said president or his Deputy or such other person or 
persons as bv order of the s' Councel sliall be aj)p<iinted by warrant 
under his hand or hands to send for or cause to be apprehended, all & 
every such person or persons who shall be noted accus'd or found at 
anv time or times hereafter to flfend. or Misbehave tiiemselves in any 
of the affairs before Mentioned & express'd. A: upon the examination 
of anv sucii offeniler or offenders «\: Just proof made by oath taken 
before v" s'' Councel of any such Notorious Misdemean"^ by y'" to be 
committed as afoies' & also upon any Insolent contemptuous or 
Irreverend carriage or misbehave"^ to or against y" s' Councel to be 
shewed or used by any such person or persons, so called, convinced & 
appearing before them as afores''. y* in all such cases our said councel 
or anv two or more of them, for y*" time being shall A: may Have full 
power cV authoritv either to l)ind them over w"' good suieties for their 
good behaviour «!V: furtlier therein to proceeil to all Intents A: juirposes 
as it is used in Other like Cases within our realm of England or else 
at their discresions to remand «S: send back the said offenders or any 
of them to the saiil CoUony of New England A: their to be proceeded 
against A: puuish'd as the riovern"' deputy or Councel there for tlie 
time being shall think Meet (U- otherwise according to such Laws & 
ordainances as are \' shall be in use there for the well ordeiing A: good 
Goverm' of said CoUony \- our will «S: pleasure is and we do hereby 
declare to all Christian Kings, princes tS: states y' if any person or 
persons w'"' shall hereafter be of the said Collony or plantation or any 
other bv Lvcence or appointm' of the said Councel or their success- 
sors, or otherwise shall at any time or times hereafter rol)b or spoyel 
bv sea or bv Land or do any hurt Violence or unlawfull hostility to 
any of the Subjects of us our heirs or successors or any of the sub- 
jects of any King, prince, ruler or Govern' or State being then in 
League amitv with us our heir & successors, ifc that njton such In- 
jury or upon Just Complaint of such prince ruler Govern"^ or state or 
their subjects we our heirs or Successor shall make Open proclama- 
tion within any of the ])orts of our realm of England. Commodious 
for that purpose, that the person or persons having Committed any 
such Robbery or Spoyle shall within term Limmited by such a proc- 
lairaation make full restitution or satisfaction of all such Injury's done 
so as the said princes or others So Complaining may hold themselves 



MASONIAN TAPERS GENEllAL. 17 

fully satisfyed & Contented & if tluit the said person or persons, hav- 
ing coniniitted such Kohberi-y or spoyle shall not make oi' Cause to be 
made satisfaction aeeordinojy, within such time as to be Linnnitted 
that then it shall be Lawtull, us our heirs and Successors to put the 
said person or persons out of our allegiance & protection, and that it 
shall be Lawfull & free for all princis to prosecute with hostility the 
said offenders & every of them, their & every of their procures aiders 
betters & Comforters in that behalf also, We do for us our heirs and 
successors declare by these presents that all & every the persons being 
our Subjects, that which shall go and Inhabit within the said Collony, 
and plantation, & every of their Children & their posterity which 
shall happen to be born within the Limmits thereof, shall have and 
Enjoy all Liberties and Fiancliizes and Immunities of free dennizens 
& Natuial subjects, within any of our other Dominions to all Intents 
and purposes, as if they had been abiding & born within this our 
Kingdom of England, or any other of our Dominions & Lastly be- 
cause the principal Effects which we Can desire or Expect of this 
action is the Conversion & reduction of the people in those parts unto 
the true worship of God, and Christian religion, in which respect we 
would be Loath that any person should be permitted to pass that we 
susspected the superstition of the Church of Rome, we do hereby 
declare that it is our will and pleasure that none be permited to pass 
in any Voyage from time to time into the said Country but such as 
shall have taken first the Oath of Supremacy for which purpose we do 
by these presents give full power and authority to the pi-esident of 
the said Councel to tender, and Exhibit the said Oath to all such per- 
sons who shall at any [time] be sent or Imj)loyed in the said Voyages, 
and we also for us our heirs & Successors do Covenant and grant to 
& with the said Councel & their Successors for the time by these 
presents that if the Councel, for the time being, and their Successors 
or any of them shall at any time or times hereafter upon any Doubt 
w''' they shall Conceive Concerning the strength or Vallidity in Law 
of this our present grant or be desireous to have the same renewed & 
Confirm'd by us our heirs and successors with amendm'^ of such 
Imperfections and defects, as shall appear fit and ne<:;essary to the said 
Councel and their Successors to be Reformed amended in behalf of us 
our heirs and vSuccessors and for the furthering of the plantation and 
(loverment or the Increase, continuing & tlurishing thereof, that 
then upon the humble petition of the said Councel for the time being 
& their successors to us our heirs & Successors, we our heirs & Suc- 
cessors, shall & will forth with make & pass under the great seal of 
Entrland to the said Councel & their Successors such further & better 
assurance of all & singuler the Lands, Grounds, Royalties, p'^viledges & 
2 



18 CHARTER RECORDS. 

p''mlses aforesaid, Granted or Intended to be granted according to our 
true intent & Meaning in tliese our Letters pattents signified & de- 
clared or mentioned as by the Learned Councel of us our heirs & suc- 
cessors and of all the s'' Company & their successors shall in that be- 
half be reasonably advised or devised, and further our will & pleasure 
is that in all questions and Doubts that shall arrise upon any diffi- 
culty of Construction or Interpretation in any thing Contained in 
these our Letters pattents they shall be taken and Interpreted in 
most ample and beneficial Manner, for the said Councel & their suc- 
cessors & every Member thereof, and we do further for us our heirs 
& Successors Charge & Command all & siuguler admirals vice 
admirals Generals Command''^ & Cap'*, Justices of the peace Majo" 
Sheriffs Baylifs Constables Customers Controlers wayters serchers & 
all the officers of us our heirs & Successors whatsoever to be from 
time to time & at all times hereafter in all things aiding & assisting 
& helping Unto the said Councel & their Successors and unto every 
of them upon request & requests by them to be made in all matters 
and things for the furtherance & accomplishm' of all or any of the 
matters & things by ns in & by these our Letters Pattents given 
granted & provided, or by us meant or Intended, to be given, 
granted & provided, as they our s^^ officers & the officers of us our 
heirs & Successors to tender our pleasure, & will avoide the Contrary 
at their perrills, and also we do by these presents ratify & Confirm 
unto the said Councel & their successors, all priviledges Franchises 
Liberties & Immunities, granted in our s'^ former Letters Pattents & 
not in these our Letters pattents, revoked Altered changed or 
abridged altho' express mentioned &c 

In Witness &c our selves at Westminster the Third day of Novem- 
ber in y*' Eighteenth year of our reign — 

■^ Bre de privato Sigillo — 

Pro : Newhamp'' Vera Copia from the sup'' Courts Record Com- 
pared 6"^ June 1704— "^ Theo : Atkinson Cle''— 
Pro : Newhamp'' Vera Copia Compared y'' 9"^ July 1706 

Theo: Atkinson Cle'' — 
Pro: Newhamp"^ Vera Copia Compared with what on file in y*^ 
Inf' Court of Common pleas, y*^ 15"' April: 1707— 

f Cur"' Henry Penny CI""— 

Copy as in file in the Office of the Clerk of the Superiour Court of 
Judicature — 

Examin'd October 3'' 1760 — 

f Geo : JafErey Cler— 
March 20'" 1793 Copy examined by 

Nath^ Adams Clerk 



MASONIAN PAPERS GENERAL. 19 

[Grant of 3Iariana, March 9, 1621-2'] 
[Archives of England, Colonial Entry Book, Vol. 59, p. 93.] 

A Grant of Cape Anne in New England from the President & 
Councill of New England to John Mason Esq'" 

This Indenture made y" Ninth day of March in y^ 19'*^ yeare of 
the Reigne of Our Sovereigne Lord James by y*^ Grace of God King 
of England, Scotland, ffrance & Ireland, Defender of the ifaith. Be- 
tweene y*^ President & Councell of New England of the one parte and 
John Mason Gent, and inhabitant of the Citty of London of y® other 
})arte. Witnesseth that whereas Our Said Soveraigne Lord King 
James for y*^" makeing a Plantac'on & Establishing a Colony or Col- 
oiiyes in the Country called or knowne by the Name of New England 
in America hath by his Highness Letters Patents under the Great 
Seale of England bearing Date at Westminster the 3"^ day of No- 
vemb'' given granted & confirmed unto the R' Hon''^^ Lodwick Lord 
Duke of Lenox, George INIarquies of Buckingham, James Lord Mar- 
quiss Hamilton, Thomas Earle of Arundell Robert Earle of Warwick 
S"" Ferdinando Georges Knight & divers others whose names are 
expressed in the Said Letters Pattents their Successo'^^ and Assignes 
that they Shall be one body politicque and Corporate perpetuall, and 
that they should have perpetuall Succession, and One Common Seale 
or Scales to Serve for y*' Said Bod}'', and that they & their Successo''* 
shalbee knowne called and incorporated by the Name of the President 
and Councill Established at Plymouth in the County of Dev'on for 
y^ Planting Ruling & Governing New England in America And alsoe 
hath of his especiall Grace certaine knowledge meer motion for him 
his Heirs & Successors given granted & Confirmed unto the Said 
President & Councill & their Successo" under the Reservac'ons limit- 
ac'ons & Declarac'ons in the Said Letters Pattents expressed. All 
that parte & Porc'on of the Said Country Now comonly called New 
England which is Scituate lying & being betwixt the Latitude of 40. 
Degrs. & 48 of Northerly Latitude togeather w'^ the Seas & Islands 
lying w"'in One hundred Miles of any parte of the said Coast of the 
Country aforesaid. And alsoe all y® J-,ands Grounds Soyle havens 
Ports Rivers Mines as well Royall Mines of Gold & Silver as others 
Mines Mineralls pearles and pretious Stones woods quarreys Marshes 
Waters fishing hunting hawking fowling Comodities & Herediatam'* 
whatsoever togeather w"' all the prerogatives Jurisdic'ons Royaltj^es 
priviledges, ffranchises and preheminences w"'in any of y*^ said Terri- 
toryes and y" precincts thereof whatsoever To have hold possess & 
enjo}' all & Sing'ler y" said Lands & premises in y*^ said Letters Pa- 



20 CHARTER RECORDS. 

tents Granted oi" nienc'oned to be granted unto them the Said Presi- 
dent & Councill their Successo'® and Assignes. To be holden of his 
Ma"*^ his Heirs and Successo''^ as of his Highness Mannor of East 
Greenwich in y*' County of Kent in free & Coni'on Soccage and not 
in Capite or by Knights Service Yelding & paying to y*^ Kings Ma'^ 
his heires and Siiceesso'^ the one fifth part of all the Oare of Gold & 
Silver that from time to time and att all times from the Date of the 
said Letters Patents Shall be there gotten had or Obteyned for all Ser- 
vices Dutyes or Demands as in & by his Highness Said Letters Patents 
amongst Divers other things therein conteyned more fully & at large 
it doth & may appeare And whereas the Said President and Councill 
have upon Mature Deliberac'on thought fitt for y" better furnishing 
and furtherance of the Plantac'ons in those parts to appropriate and 
allotte to Severall and particuler persons diverse parcells of Lands 
w"^in the precincts of the aforesaid granted premises by his Ma'^ said 
Letters Patents, Noay this Indenture further v^itnesseth that y'' said 
President and Councell of their full free and ]\f utuall consent as well 
to y® end that all the Lands woods, waters, Islands & fishings w"^ all 
other the profitts and Comodityes whatsoever to them or any of them 
and hereafter in These presents menc'oned may be wholy & intirely 
invested appropriated Severed and Settled in & upon the Said John 
Mason his heirs and assignes for Evar, as for divers Speciall services 
for y*^ advancem' of y'^ said Plantac'on & other Good causes & consid- 
erac'ons them especially thereunto moveing have given granted bar- 
gained Sold assigned aliened Enfeoffed Sett over & confirmed, And by 
these presents doe give grant bargaine sell assigne alien Enfeoffed Sett 
over & confirme unto y'^ said John Mason his heirs and assignes. All 
that part of the Sea Coast of New P^ngland being a great headland 
or Cape & lying in y^ Northermost parts of the Massachusetts Coun- 
try & to y'' Northeastwards of the Great River of the Massachusetts 
Stretching it Self out into y*^ Sea Eastwards five Leagues or there- 
abouts and lying betwixt y® Lat. of 42 & 43 Degr. or thereabouts; & 
com'only called or knowne by the Names of ('ape Frabigzand or Cape 
Anne w'^ the North South & East Shoares & Coasts thereof the back 
bounds thereof towards the Maine Land to begin at the head of the 
Next Great River to the Southwards of the said Cape w^*^ runns up- 
wards into the Country of the Main Land westward and Supposed to 
be called Naumkeck or by what other Name or Names the Said River 
is or may be called & soeforth Eastwards into y® Sea & to y* utter- 
most part of y'' Said headland or Cape & round about the Same to y*^ 
Northwards and from thence along the Sea Coast to the Next Great 
River w''^ runns up into the Maine Land Westwards & Supposed to be 
called Merimack or bv what other Name or Names the said River is or 



MASON IAN rAl'KRS GENERAL. 21 

may be called & lying to the North westwards of tlie said Cape & to the 
farthest head of the Said river from w'"' period to Crossover land to 
y'' liead of the other Great River w''^ lyes Soiitliwards of y^ aforesaid 
Cape wliere the perambulac'on began & halfe way over that is to Say 
to y® Midst of either of y® Said two Rivers w'" bounds or limits the 
aforesaid lands both on y^ North & South thereof togeather w"' the 
Great Isle or Island henceforth to be called Isle Mason lying Neere, 
or before the Bay Harbor or y'' river of Aggawom togeather alsoe v/"' 
all the Seas Isles or Islands adjoyning to any part of y® precincts of 
the Lands aforesaid or lying w"'in 3 Miles of any parte of y® same, as 
alsoe all y" Lands Soyle Grounds havens Ports Rivers Mines Mineralls 
pearls & pretious Stones woods Qnarreys Marshes Waters Lakes fish- 
in<>:s huntinu,' hawkinir ffowlintr Com'oditves i& liereditara'^ whatso- 
ever w"' all & Sing'ler their appurtenances togeather w"' all preroga- 
tives rights royaltyes jurisdictions priviledges francheses p^'lieminences 
libertyes Marine power as alsoe y*^ Escheats and casualtyes thereof, 
w"' all y^ State right title interest claime & demand whatsoever w''^ 
the Said president & Councill & their Successo^** of right ought to 
have or claime in or to the Said porc'ons of land & other y® premises 
as is aforesaid by reason or force of his Highness Said Letters Pat- 
tents in as free large ample & beneficiall Manner to all intents con- 
struc'ons & purposes whatsoever as in & by y^ Said Letters Patents 
the Same are amongst other things granted to y" Said president & 
Councill aforesaid Except two ffifths of the Oare of Gold & Silver 
these presents hereafter expressed w''^' Said Porc'ons of Lands w'^ 
the appurten'ces the s'^ Jhohn Mason with the consent of the Presi- 
dent and Councill intendeth to Name Mariana. 

To have and to hold all y® Said porc'ons of land w"' y^ Great 
Island henceforth to be called Isle Mason & all other Islands adjacent 
& w*''in three Miles thereof and all & Singuler other y^ premises here- 
by Given granted aliened enfeoffed & confirmed or menc'oned or in- 
tended by these presents to be given granted Aliened enfeoffed & con- 
firmed w'^ all & Sing'ler y^ appurten'ces & every part & parcell there- 
of unto y* Said John Mason his heyres & Assignes for ever, To be 
holden of his Said Ma^'" his heyres & Successo" as of his Highness 
Man'o"" of East Greenwich in the County of Kent in ffree and common 
Soccage & not in Capite or by Kn'* Service Nevertheless w*^^ Such 
exceptions reservac'ons, limitac'ons & Declarac'ons as in the Said 
Letters Pattents are Expressed Yeelding and paying unto Our Said 
Sovereigne Lord the King his heires and Successo" the one fifth part 
of all y'' Oare of Gold and Silver that from time to time & at all 
times hereafter shall bee there gotten liad and obteyned for all Ser- 
vices Dutyes and Demands, And also yelding & paying unto the Said 



22 



CHAETER RECORDS. 



President and Councell & their Successo''^ Yearly the Sum' of ffive 
shillings English Money or the value thereof in fish or other Com'od- 
ityes of the Country if it be demanded. 

And the Said President & Councell for them and their Successo" 
doe Covenant & Grant to & w*'' y^ Said John Mason his heires and 
assignes from and after then Sealing & delivery of these p^'nts accord- 
ing to the purporte true intent & meaning of these p'^nts that he Shall 
& May from henceforth & from time to time for Ever peaceably quietly 
have hold possess & enjoy all the aforesaid porc'ons of Land w^*" all 
other the Islands & premises w'^ the appurten'ces hereby before given 
& granted or Menc'oned meant or intended to be hereby given & 
granted & every part & parcell thereof without any lett disturbance 
or denyall troulDle interupc'on or evicc'on of or by the Said President 
& Councill or any person or persons whatsoever claiming by from or 
under them or their Successo"^* or by or under their State right Title 
or interest, And the said President & Councell for them & their Suc- 
cesso'^ doe Covenant & Grant to & w^^ the Said John Mason his heires 
and assignes by these P'nts, that they the Said President & Councell 
Shall at all times hereafter upon reasonable request at y** only pro])er 
Cost & charges in the Law of the said John Mason his heyres and 
assignes doe make performe Suffer execute & willingly consent unto 
any further Act or Acts conveyance or conveyences assurance or assur- 
ances whatsoever for the good & perfect investing assureing & con- 
veying & Sure makeing of all the aforesaid Porc'ons of Land & 
Islands and all & Sing'ler the appurten'ces to y*^ Said John Mason his 
heyres & assignes as by him his heyres & Assignes or by his or their 
Councell Learned in the Law Shall be devised advised or required 
And it is further agreed by & beetween the said partyes to these Pres- 
ents, And the said John Mason for him his heyres Executo" & Admin- 
isf® doth Covenant to & with the said President & Councill & their 
Successors by these Presents that if at any time hereafter thei-e shall 
be found any Oare of Gold or Silver w"'in the Grounds or in any part 
of the said premises that then he the s'^^ John Mason his heyres & 
Assignes shall yeeld & pay unto y® said President & Councell their 
success^^ and Assignes one fifth part of all Such Oare of Gold & Sil- 
ver as shall be found in & upon the premises. And the Said John Ma- 
son doth farther covenant for him his heyres & Assignes that he will 
Establish such a Governm' in y*^ said Porc'ons of Lands granted unto 
him & the same will from time to time continue as shall be agreeable 
as neere as conveniently may bee to the Law's and Customes of the 
Realme of England, and if he shall be charged at any time to have 
Neglected his Duty therein that then he will reforme the same accord- 
ing to the Directions of the President & Councill. And further that 



MASONIAN PAPERS GENERAL. 23 

if y^ said John Mason his heyres or assignes shall at any time 
hereafter alien these premises or any part thereof to any fforreigne 
Nations or to any person whatsoever of anj' iforreigne Nation with- 
out the Speeiall Lycence consent and agreem' of the Said Presi- 
dent & Councell their Suecesso'* & Assignes that then the parte 
or parts of the said lands soe aliened shall imediatly returne back 
againe to the nse of the Said President and Councill And further 
know yee that the Said President & Councell have made Constituded 
Deputed authorished & appointed & in their place & stead doe put 
Ambrose Gibbins or in his Absence to any other person that shall be 
their Governo' or other OHic'' to the President & Councill to be their 
true & Lawful! Attorney & in their name & stead to enter the s** por- 
c'ons of Lands & other premises w"' their appurt'nces or into some 
part thereof in the Name of the whole for them & in their Name to 
have & take possession & seizing thereof & after such possession & 
Seizin thereof or of some parte thereof in y'' Name of the whole Soe 
had & taken then for them & in their Names to deliver the full &; 
peaceable posi=*ession & Seizin of all & Singuler the said granted 
premises unto the said John Mason or to his certaine attorney or Attor- 
neys in that behalfe according to the true intent & meaning of these 
presents ratifying allowing & Confirming all and whatsoever their 
said Attorney shall doe in or about y** premises by these p'sents. In 
wittnesse whereof to one parte of these present Indentures remaining 
w"' y*" said John Mason the said President & Councell have put their 
Com'on Scale & to y'^ other part thereof remaining w'^ y® said p''sident 
& Councell he the said John Mason have put his hand & Scale, Given 
the Day & Yeare first above Written. 



IGrant of 3Iaine, Aufj. 10, 1622.'] 
[Archives of England, Colonial Entry Book, Vol. 59, p. 101.] 

A Grant of the Province of Maine to S"^ fferdinando Gorges, and 
John Mason Esq"^ 10"' of August 1622. 

This Indenture made the 10"' day of August Anno Dom: 1622, 
& in the 20'" yeare of the Reigne of Our Sovereigne Lord James 
by the Grace of God King of England, Scotland, France & Ireland, 
Deffender of the ffaith &c'' Betweene the President & Councell of 
New England on y*' one part, and S"" fferdinando Gorges of London 
knight and Captaine John Mason of London Esquire on y*' other part 
Wittnesseth that whereas Our Said Sovereigne Lord King James for 



21 CHARTER RECORDS. 

tlie makeiiig a Plantac'on & Establishing a Colony or Colonyes in y® 
Countiy called or knowne by y® Name of New England in America 
liath by his highness Letters Pattents Under the Great Scale of 
England bearing date at Westm' the 3'^ day of Novemb"" in the 18'^ 
Yeare of his Reigne given granted and confirmed Unto the Right 
Honourable Lodovvick Dtdce of Lenox George Marquiss of Bucking- 
ham James Marquis Hamilton, Thomas Earle of Arundell Robert 
Earle of Warwick S' P^erdinando Gorges kn' and diverse others 
whose Names are expressed in y"^ said Letters Patents their Succes- 
sors and assignes that they Shalbe One Body Politique and Corpor- 
ate perpetuall and that they Should have perpetuall Succession & 
One Com'on Scale or Seales to Serve for the said Body and that they 
& their Successors Shalbe knowne called and incorporated by the 
Name of the President & Councill established at Plymouth in the 
County of Dev'on for the Planting ruling & Governing of New 
England in America. And also hath of his especiall grace certaine 
knowledge & Meer Moc'on for him his lieyres and Successo" given 
granted & confirmed unto the Said President & Councill & their Suc- 
cesso''* under the reservac'ons, limitac'ons, & declarac'ons in the said 
Letters Patents expressed, All that part or ))orc'on of that Country 
now com'only called New England w'''^ is Scituate lying & being 
between the Latitude of 40, & 48 Degrees Northerly Latitude to- 
geather w"^ the Seas and Islands lying w^^'in one hundred Miles of 
any part of the Said Coasts of the Country aforesaid and also all y® 
Lands Soyle, Grounds, havens. Ports, Rivers Mines as well Roy all 
Mines of Gold & Silver as other Mines Mineralls pearls & pretious 
Stones Woods, quarj'es. Marshes, Waters ffishings hunting, hawking 
fowling com'odities & hereditaments whatsoever togeather w"^ all 
prerogatives Jurisdictions Royal tyes Priviledges ffranchises & pre- 
heminences within any of the said Territorj'es & ]irecincts thereof 
whatsoever. To have hold possess & enjoy all & Singuler the said 
hinds & premises in the said Letters Pattent granted or menc'oned 
to bee Granted unto y*^ said President & Councill their Success''® and 
Assignes for Ever to be holden of his Ma'-^ his heires & Success" as 
of his highness Man'o*" of East Greenwich in the County of Kent in 
free & common Soccage & not in Capite or by kn*^® service Yeelding 
& paying to the Kings Ma"*" his heyres & Success'* the one fifth part 
of all Gold & Silver Oare that from time to time & at all times from 
the date of the said Letters Pattents Shall be there gotten had or 
01)teyned for all Services Dutyes or Demands as in & by his high- 
nes Said Letters Pattents amongst divers other things therein con- 
teyned more fully & at large it doth appeare. And whereas the said 
president & Councill have upon Mature deliberac'on thought fitt for 



MASONIAN PAPERS GENERAL. 25 

the better furuisliing & furtlienince of the Plantac'on in those parts 
to apropriate & allott to Severall & partieuler persons diverse par- 
cells of Laiuls within the precincts of y'" afores'' granted p'^niisses by 
his ]\Ia'' iSaid Letters Pattents. jS'ow this Indenture witnesseth 
that y*" s'' Tresdent & Couiicill of their full free & Mntuall consent as 
well to the end that all the Lands, woods, lakes, rivers, waters. 
Islands, & ffishings w"^ all other the Traficques prolfits & Com'- 
odityes whatsoever to them or any of them belonging & here- 
after in these presents menc'oned may be wholly & intirely 
invested appropiiated Severed & Settled in & upon y'^ Said S^ Ferdi- 
nundo (iorges & Cap*^ John JNIason their heyres & assignes for Ever 
as for diverse Speciall Services for the advancem' of the S'' Flanta- 
c'ons & other good & Sufficient causes & considerac'ons them 
especially thereunto moveing have given granted bargained Sould 
assigned aliened Sett over Enfeoffed & confirmed And hy these pres- 
ents doe give grant bargaine Sell assigne alien Sett over & contirme 
unto y*^ S'' S"^ fferdinando Gorges & Cap' John Mason their heyres & 
Assignes All that part of y^ Maine land in New England lying upon 
y® Sea Coast betwixt y® rivers of Merimack & Sagadahock & to y*^ 
furthest heads of y*' said Rivers & Soe forwards up into the land 
westward untill threescore Miles be finished from y*" first entrance of 
the aforesaid rivers & half way over that is to Say to the midst of the 
said two Rivers w'^' bounds & limitts the lands aforesaid togeather 
w'** all Islands & Isletts w"^in five leagues Distance of y^ premisses 
& abutting upon y'' Same or any part or parcell thereof. As also all 
the lands, Soyle, Grounds, havens. Ports, rivers. Mines, Mineralls, 
pearls pretious Stones woods quarryes Marshes Waters ffishings 
hunting hawking fowliiig and other Com'odityes & hereditam'* what- 
soever w"^ all & Singuler their apurtenences togeather w**^ all prerog- 
atives rights royaltyes Jurisdictions Priviledges ifanchises libertj^es 
prelieminces Marine i)ower in & upon y^ Said Seas & rivers as alsoe 
all escheats and casualtyes thereof as flotson Jetson lagon w*^^ anchor- 
age and other Such Dutyes immunityes Sects Isletts & apurtences 
whatsoever w''' all y® estate right Title interest claime & demands 
whatsoever w'*" y® Said President & Councell & their Successo''* of 
right ought to have or claime in or to y" Said porc'ons of lands 
Rivers & other y^ premises as is aforesaid by reason or force of his 
highnes Said Letters Patents in as free large ample & benefieiall 
man'er to all intents constructions & purposes whatsoever as in & 
by the Said Letters Patents y® Same are among other things granted 
to y" said President & Councell afores'^ Except two fifths of y" Oare 
of Gold & Silver in These p'nts hereafter Expressed w'"^ Said por- 
c'ons of lands w"' y*^ appurten'ces the said S"" fferdinando Gorges & 



26 CHARTER RECOUDS. 

Cap* John Mason w"' the consent of y® President & Councell intend 
to name y^ Province of Maine — To have & to hould all the said Por- 
c'ons of land Islands rivers & premises as aforesaid & all and Sing'ler 
other y*^ Com'odytyes & hereditam''' hereby given granted aliened 
enfeoffed & confirmed or menc'oned or intended by these pr'sents to 
be given granted aliened enfeoffed & confirmed w^'^ all & Singular y® 
appurten'ces & every part & parcell thereof unto y*^ Said S"^ Ferdi- 
nando Gorges and Cap*^ John Mason their heyres &assignes for Ever. 
To be holdeu of his Said Ma"*" his heyres & Successo''^ as of his High- 
nes Man'o'' of East Greenwich in y^ County of Kent in free & 
Common Soccage & not in Capite or by Kn'^ Service Nevertheless 
w'^ Such exceptions reservac'ons limitac'ons & declarac'ons as in y^ 
said letters Pattents are at large expressed Yeelding & paying unto 
Our Soveraigne Lord the King his heyres & Successo"^^ the fifth part 
of all y® Oare of Gold & Silver that from time to time & at all times 
hereafter Shall be there gotten had & Obteyned for all Services 
Dutyes & Demands And alsoe Yeelding & paying unto the Said Presi- 
dent & Councell & their Successo"^^ yearly the Sum' of Tenn Shillings 
English money if it be demanded. And the Said President & Coun- 
cill for them & their Success''^ doe Covenant & grant to & w'^* the Said 
S'' Ferdinando Gorges & Captain John Mason their heires & Assignes 
from & after the ensealeing & delivery of these pr'sents according to 
y® purport true intent & Meaning of these p'"nts that they shall from 
henceforth from time to time for ever peaceably & quietl}^ have hold 
possess & enjoye all y® aforesaid Lands, Islands, rivers & premises 
w"^ ye appurtenences hereby before given & granted or menc'oned 
or intended to be hereby given and granted & every part & 
parcell thereof w'^out any left distuibance denyall trouble inter- 
upc'on or Evicc'on of or by y® Said President & Councill or any 
person or persons whatsoever claiming by from or under them or 
their Successo"^** or by or under their Estate right Title or Interest, 
And y*^ said President & ('Ouncill for them & their Successors doe 
further Covenant & Grant to & w'^ y*^ said S' Ferdinando Gorges & 
Cap* John Mason their heyres & assignes by these presents that they 
y'' said President & Councell Shall at all times hereafter upon reason- 
able request at y" only proper Cost & charges in the Law of y^ Said 
S"" fferdinando Gorges & Cap' John Mason their heyres & Assignes 
doe make performe Suffer Execute & willingly consent unto any fur- 
ther Act or Acts conveyance or conveyances assurance or assurances 
whatsoever for y" Good & perfect investing assuring & conveying & 
Sure making of all the aforesaid porc'ons of Lands Islands rivers & 
all & Singuler their appurten'ces to y" Said S"^ Ferdinando Gorges & 
Cap' John Mason their heyres & Assignes as by them their heyres 



MASONIAN rATERS GENERAL. 27 

& Assignes or by his tlieir or any of their Councill learned in y^ Law 
shall bee devised advised or required, And i'urtlier it is agreed by and 
between the Said partyes to these presents & y*' Said S' Ferdinando 
Gorges & Captaine John Mason for them their heyres Executors 
Administrators & Assignes doe covenant to & w"' y'' Said President 
& Councill and their Siiccesso" by these presents that if at any time 
hereafter there shall be found any Oare of Gold & Silver within y^ 
Ground in any part of the Said premises that then they y'' said S"" 
Ferdinando Gorges & Cap^ John Mason their heyres and Assignes 
shall yeeld & pay unto y" said President & Councill their Successo" 
and Assignes One fifth part of all such gold & Silver Oare as shall 
be found w"'in & upon y^ premises & digged and brought above 
ground to be Delivered above ground and that allwayes within rea- 
sonable and convenient time if it be demanded after y^ finding get- 
ting & Digging up of Such Oare as aforesaid w"'out fraud or covin and 
according to y*^ true intent and meaning of These Presents. And 
y® S'' S"^ Ferdinando Gorges & Cap* John Mason doe further covenant 
for them their heyres & Assignes that they will Establish Such Gov- 
ernm' in y*' S'^ Porc'ons of lands and Islands granted unto them & y^ 
same will from time to time continue as shall be agreeable as nere as 
may be to y*' Laws & Customes of y'' realme of England and if they 
shall be charged at any time to have neglected their Duty therein 
that then they will reforme the same according to y'' Directions of 
the President & Councill or in Defaulte thereof it shall be Lawfull 
for any of y" agreived inhabtants or Planters being tenn'* upon y® 
Said Lands to appeale to y® Cheif Courts of Justices of y^ President 
& Councill And y« said S'^ Ferdinando Gorges & Cap' John Mason 
doe covenant & grant to & w"' y*' said President & Conncill their 
Success""* & assignes by these presents that they y*^ said S"" Ferdinando 
Gorges & Cap' John Mason shall & will before y'^ expirac'on of three 
yeares to be accompted from y*^ day of y^ Date hereof have in or 
npon the said porc'ons of lands or some p* thereof One iJorte w'^ 
a competent guard & ten famillyes at y" least of his Ma'* Subjects 
resident & being in & upon y® same premises or in default thereof 
shall & will forfeite & loo?e to the said President & Conncill the sum' 
of One hundred pounds Sterling money and further that if y*" said 
S"" Ferdinando Gorges & Cap' John Mason their heires & assignes 
shall at any time hereafter alien these premises or any part thereof 
to any fforraigne Nations or to any person or persons of any ifor- 
raigne Nation without y® speciall licence consent and agreement of 
y'' said President & Councill their Successo" and Assignes that then 
y" part or parts of the said lands soe aliened Shall immediately 
returne back againe to y*" use of y^ said President & Councell. And 



28 CHARTER KECOEDS. 

further know yee that y^ said President & Councill have made consti- 
tuted deputed authorized & aj)pointed and in their place & stead doe 
put Cap^ Rob'^ Gorges or in his absence to any other person that shall 
be their Governo'' or other oiiicer to be their true & lawfull attorney 
& in their Name & Stead to enter the said porc'ons of Lands & other 
the premises \v"^ their appurten'ces or into Some part thereof in y* 
Name of y^ whole for them & in tlieir Name to have & take posses- 
sion and Seizin thereof or some part thereof in y*^ Name of y*^ whole 
Soe had eS: taken there for them & in their Names to deliver the full 
& peaceable possession and Seizin of all & Singuler the said granted 
Premises unto y*" said S"^ Ferdinaudo Gorges and Cap* John Mason or 
to their certaine attorney or Attorneys in that behalf accoiding to y^ 
true intent & meaning of these presents, ratifying confirming and 
allowing all & whatsoever their said Attorney Shall Doe in or about 
y*" premises by these presents. In Witnesse whereof to one parte of 
these presente Indentures remaining in the hands of S"" Ferdinando 
Gorges & Captaine John Mason the said President & Councell have 
caused their com'on Seale to be affixed & to the other of these pres- 
ent Indentures remaining in the Custody of the said President & 
Councill the said S"^ Ferdinando Gorges & Cap* John Mason have put 
to their hands & Scales. Given y*^ day & yeare first above written. 



Wheelwright deed, ]\Iay 17, 1629, State Papers, Vol. 1, pp. 56 — 60. 



l^Grant of New Hampshire, Nov. 7, 1629.'] 

[Archives of England, Colonial Entry Book 59, folio 109.] 

Grant of New Hampshire to Cap* John Mason 7*^ of Novem'' 1629./ 

This Indenture made y^ Seaventh day of Novemb"^ Anno Dom'y 
1629 «& in y'^ ffith yeare of y® Reigne of our Soveraigne Lord Charles 
by y® Grace of God King of England Scotland ffrance & Ireland 
Defender of the ifaith &c Between y* President & Councell of new 
England on the one partie & Cap' John Mason of London Esq"" on y^ 
other partie Wittuesseth y* whereas our late Soveraigne Lord of ffaim- 
ous Alemory King James for y*^ makeing a Plantation & establishing 
of a Colony or Colonyes in the Countrey called or Knoweu by y^ 
name of New" England in America did by his liighness letters patents 
under y*^ great Seale of England bearing date att Westminster y® 



MASONIAN PAPERS GENERAL. 29 

third (hiy of Novemb' in y® Eighteenth yeare of his Reigne give 
grant & confirme unto y*^ Right hon"''*^ Lodowick Duke of Lenox 
George marquis of Buckingham James marquis of Hamilton Thomas 
Earle of Arundell Robert Earle of Warwick S"" Ferdinando Gorges 
Kn' cS: divers others whose names are expressed in y"^ said letters 
patents their heyres »S: assignes. That they shall be one bodye poli- 
ticque & corporate perpetuall & y' they should have perpetual 1 Suc- 
cession & one com'on scale or Scales to serve for y*^ Said bodye & that 
they & their Success©''* Shalbe known called & incorporated by y® 
name of president & Councell established at Plj'moth for y'' ])lanting 
rulin"' & Governing' of New England in America and also did of his 
especiall Grace certaine knowledge and meer motion for liiin his 
he3'res & Successors give grant & confirme unto y*^ said President & 
Councell & their Successors under y^ reservac'ons limitac'ons & dec- 
larac'uns in y'' s'Metters patents expressed. All y' part & porc'on of 
y' Countrey now commonly called New England w'^^'' is scittuate lying 
& being between y" latitude of fforty degrees & ffourty Eight of 
Northerly latitu.de together w"' y*" Seas & Islands lying w"'in one 
hundred miles of any part of y® s'^ Coaste of y® Countrey afores*^ & 
also all y® lands Soyle grounds havens ports rivers mines as well 
Rovall mignes of Gold & Silver as other mines mineralls pearls & 
pretious Stones woods quarryes marshes waters ffisliings hunting 
hawking fowling commodityes & hereditaments whatsoever together 
w"^ all perogatives Jurisdicc'ons Royaltys pliviledges franchises & 
preheminences wdthin any of y® s'^ Territoryes & y*^ precincts thereof 
whatsoever To have hold possess & Injoye all & singular y'' said 
lands & [tremisses in y*^ said letters patents granted or menc'oned to 
be granted unto them y^ s'' President & Councill their Successors & 
Assignes for ever to be holden of his Ma'^® his heiis & Successors as 
of his Highness Man'or of East Greenwich in y® County of Kent in 
free & com'on Succage & not in Capite or by Knights Service yeeld- 
ing & paying to y*^ Kings Ma"*^ his heirs & Successors y*' one ffifth 
part of all gold & silver oare y' from time to time & at all times 
frome y® date of y*^ said letters patents shalbee there gotten had or 
obteyned for all services dutyes or demands as in & by his highness 
said letters patents amongst diverse other things therein conteyned 
more fully and at large it doth & may appeare And whereas y® said 
President & Councell have upon mature deliberac'on thought litt for 
y*" better furnishing & furtherance of y*^ plantac'on in those ])arts to 
appropriate & allott to severall & particular persons divers parcells of 
lands w'^'in y® precints of y^ afores*^ granted premises by his Ma"*"* 
s'' letters patents Now this Indenture wittnesseth y' y^ s'^ President & 
Councill of their full free & mutuall consent as well to y® end y* all 



30 CHARTER RECORDS. 

y*^ lands woods lakes rivers waiters Islands & fishings w"' all other 
y^ tralicqiies j)rolitts & Coinodityes w'soever to them or any of 
them belonging & hceral'ter in these p'nts menc'oned may be wholy 
& intirely invested ai)i)roi)riated sevei'(3d & setled in & upon y" s'' 
Cap"^ John Mason his heyres & Assignes for ever or for diverse spec- 
iall services for y*^ advancem' of y'' s'' plantac'ons & other good & 
Snllicient causes & considerae'ons them especially thereunto moveing 
Have given granted bargained sould assigned Aliened sett over enfe- 
(jfTcd vfc confirmed And by these p'nts doe give grant bargaine sell 
assigne alien sett over enfeoft'e and conlirrne unto y'" s'' Cap*^ John 
Mason his heyres and assignes All y'^ part of y'' iMaine land in New 
p]ngland lying upon y^ sea Coaste begining from y'' Middle part of 
Merrimack River & from thence to proceed Northwards along y*^ Sea 
coaste to ])asscattaway liver & soe forwards up w"'in y® s'' river to y" 
furthest head theiot' & from thence Northwestwards untill Three- 
score miles be linished from y'" Hii'st entrance of passcattaway river 
& also from Merrimacke through y** s'' River & to y'^ furthest head 
thereof & soe foiward up into y" land Westwards untill Threescore 
miles be finished and from thence to cross over land to y" Threescore 
miles end accounted fi'om ])asscattaway river together w"' all Islands 
<fc Isletts w"'in five leagues distance of y*" premises &, abutting u})on 
y" same or any parte or parcel tliereof as also all y" laiuls soyle 
grounds havens ports rivers mines Mineralls pearles pretious stones 
woods quarreys marshes waters fishings hunting hawking fowling & 
other commodityes & hcreditam'" w*soever w"' all & singular their 
appurten'ces together w"' all |)rerogatives rights royaltyes Jurisdic- 
c'ons ])riviledges franchises libirties preheminences marine power 
in & u[>on y'' s'' Seas & rivers as allso all escheats & casualtyes 
therof as flotson Jetson lagon w"' anchorage &> other such dutyes 
im'unityes sects isletts & appurten'ces w*^ soever w^'' all y" estate right 
title interest claime & demand w'' soever w''' y" s'' president & Coun- 
cell c^: tlieii- Successors of Right ought to have or Claime in or to y® 
s' por'cons of lands rivers Mother y'' premises as is afores'' by i-eason 
or force of his high'ss s'' letters patents in as free large ample tfc ben- 
eficiall man'er to all intents construcc'ons & purposes w'^soever as in 
& by y^ s'' Letters j)attents y" same are amongst other things granted 
to y'" s'' president & Councell afores*^ except two fifths of y'" Oare of 
gold &; Silver in these p'nts heer after expi'cssed w*^'' s'' portions of 
land w"' y'' appurten'ces y'" s'' C'ap*^ John Mason w*^'' y'' consent of y® 
presidfMit it Couucill inteiuls to name New Hampshire To have & to 
hold all y'" s'' porc'ons of land Islands I'ivers & premises and all and sin- 
gular other y^ comodityes «& hereditam'''* hereby given granted aliened 
enfeoffed & confirmed or menc'oned or intended by these p'nts to be 



MASONIAN PAPEKS GE^IEKAL. 31 

given granted aliened enfeoffed & confirmed u"' all & singuler y^ 
appui'ten'ces & every part & parcell thereof unto y*^ s'' Cap' John 
]\Iason his beyres & assignes for ever To be bolden of his s'' Ma*'^ his 
heires & Successors as of bis Highness JNlan'or of East Greenwich in 
y*" Connty of Kent in free & Com'on Soccage & not in Capite or by 
Ku'* service nevertheless w"' such exceptions reservac'ons limitac'oiis 
& declarac'ons as in y*^ s'' Letters pattents are att large expressed 
yeelding & pa3'ing unto our Soveraigne Lord the King his heires & 
Successors y® fifth part of all y" oare of gold & silver y' from time to 
time & att all times heerafter shalbe there gotten had & obteyned 
for all services dntyes & demands & also yeelding & paying unto y® 
s'' president t^ Councill & their Snccessois yeaily y® Sum'e of five 
shillings English monj' if it be demanded. And y" s'' president & 
Councill for them & their Successors doe covenant & grant to & w*^ 
y* s'' Cap' John ]Mason his heyres & assignes from & after then 
sealing & delivery of these p'nts according to y^ purpoite true intent 
& meaning of these p'nts that he shall from henceforth from time to 
time for ever peaceably & quietly have hold possess & enjoye all the 
afores'' lands Islands rivers & premises w'^ y® appurtences heerb}'^ 
before given & granted or menconed or intended to be heerby given 
& granted & every part & parcell therof w^ut any lett disturbance 
denyall trouble iuterrupc'on or Evicc'on of or by y® s'' president and 
Councill or any person or persons w'soever claiming by form or under 
them & their Success'ors or by or under their estate right title or 
interest And y® s'^ president and Councill for them & their Succes- 
sors doe further covenant & grant to & with y® s^ Cap' John Mason 
his heires & assignes by these p'nts. That they y® s'^ president & 
Councill shall at all times hereafter upon reasonable request at y® only 
proper cost and charges in y® Law of y^ s-^ Cap' John INlason his 
heires & assigness doe make performe suffer execute & willingly con- 
sent unto any farther act or acts convejance or conveyances assur- 
ance or assurances w'soever for y' good (fc perfect investing assureing 
conveying & sure making of all y® afores'^ porc'ons of lands Islands 
Rivers & all & singular tlieir appurten'ces to y* s'' Cap' John jNIason 
his heires & Assigness as by him his heires & assigness or by his their 
or any of their Counceill learned in y® law shalbe devised advised or 
required And further it is agreed by & between y® s'' partyes to these 
p'^'^nts. And y® s"* Cap' John Mason for him his heires & assignes 
doth covenant to & wth y* s'' president & Councill & their Successors 
by these j)'''"'nts That if at any time hereafter there shall be found 
any oare of Gold & Silver w"'in y*" ground in any part of y® s'* prem- 
ises That he then y® said Cap' John Mason his heires & assigness shall 
yeald & pay unto y* s*^ president & Councell their Successors and 



32 CHARTEll RECORDS. 

Assigness one jfifth part of all such Gold & Silver oare as shalbe 
fouiul in & upon y® s'' premises & digged & brought above ground to 
be delivered above ground & y' always w"'in reasonable & convenient 
time it" it be demanded after y^ tinding digging getting up of such 
oare as afores'' w^^'out fraud or conin & according to y® true intent & 
meaning of these p'^^nts And y^ s'^ Cap' John Mason doth further cov- 
enant for him his heires & assigness that he will establish such gov- 
ernm' in y® s*^ porc'ons of lands & Islands granted unto him & y*' 
same will from time to time continue as shall be agreable as near as 
may be to y^ laws & costoms of y*^ Realme of England & if he shall 
be charged at any time to have neglected his duty therein y' then he 
will reforme y*^ same according to y* direction of y® president & 
Councill or in Default thereof it shalbe lawfuU for any of y® 
aggreived inhabitants or planters being tennants upon y^ said lands 
to appeale to y® cheif Courts of Justice of y® s'^ president & Councill 
And further that if y'' s'^ Cap' John Mason his heires & assigness shall 
at any time hereafter alien these premisses or any part to any for- 
raigne Nations or to any person or persons of any forraigne nation 
w"^out y^ speciall licence consent & agreem' Of y^ s'^ president & 
Councill their Successors or assigness That then y*^ part or parts of 
y^ s'^ lands soe aliened shall immediatly returne back again to y*^ use 
of y^ s*^ president & Councill And further knowe yee y' y^ s'^ presi- 
dent & Councill have made constituted deputed authorized & 
appointed & in their place & stead doe put Cap' Walter Neale or 
in his absence to any other '^sone y' shalbe their Governor or other 
officer to be their true & lawfull Attorney & in their name & stead 
to enter y® s*^ porc'ons of lands & other y*" premises w' their ap'ur- 
tences or into some part thereof in y*^ name of y*' Avhole for them & 
in their name to have & take possission & seizin thereof or some pt 
thereof in y® name of y** whole soe had & taken Then for them & in 
their nams to deliver y*^ full & peaceable possession & seizin of all & 
singular y® s'^ granted premises unto y*^ said Cap' John Mason or to 
his Certaine Attorny or Attornies in y'' behalf according to y*^ true 
intent & meaning of these p'^'nts ratifying confirming & allowing all 
& what soever y" s'' Attorney shall doe in or about y'' premises of 
these p'nts in wittness whereof to one part of these present Inden- 
tures remaining in y® hands of Cap' John Mason y^ s*^ president & 
Councill have caused their common Seale to be affixed & to y** other 
part of these p'nts Indentures remaining in y*^ costody of y*" s*' pres- 
ident & Councill y® s'^ John Mason hath putt to his hand & Seal 
Given y*^ day & yeare first above written/. 



MASONIAN PAPERS GENERAL. 33 

[Grant of Laconia, Nov. 17, 1629.'] 

[Archives of England, Colonial Entry Book, Vol. 59, p. 115.] 

The Grant of the Province of Laconia to S'' fferdinando Gorges 
and Cap' Jn° Mason— 17'^^ Nov^ 1629. 

This Indenture made y^ seaventeenth day of Novemb"" Ano Dom'i : 
1629 & in y^ fifth yeare of y^ Reigne of our Soveraigne Lord Charles 
by y® grace of God King of England Scotland ffrance & Ireland 
Defender of the ffath &c Between y^ President & Councell of New 
England in y* one partie & S"" fferdinando Gorges of London Kn' & 
Cap' John Mason of London Esq"^ on y^ other partie Witt'esseth y' 
whereas our late Soveraigne Lord of ffanioiis naemory King James for 
y* making a })lantac'on and establishing of a Colony or Colony s in 
y* Country call'd or knowen by y* name of New England in Amer- 
icka did by his Highness letters pattents under y' great Seal of Eng- 
land bearing date at Westminster y* third day of Novemb'" in y* 
Eighteenth yeare of his raigne give grant & confirrae into y* right 
hon'"'* Lodowick Duke of Lenox George Marques of Buckingham 
James Lord Marques of Hamilton Thomas Earle of Arundel Robert 
Earle of Warwick S"" Ferdinando Gorges Kn* & divers others whose 
names are expressed in y" s'' letters pattents their heires & assigness 
y' they Shalbe one body politicque & corporate perpetuall & y' they 
should have perpetuall succession & one com'on Seal or seales to 
serve for y" s'' bod}' & that they & their Successors shalbe knowne 
called & incorpoiated by y^ name of y* President & Councill estab- 
lished at Plymouth for y' planting ruleing & Governing of New 
England in America & also did of his speciall grace certaine knowl- 
edge & meer moc'on for him his heires & Successors give grant & 
confirme unto y* s'^ President & Councill & their Successors under y^ 
reservac'ons limitac'ons & declarac'ons in y^ s'^ Letters Pattents 
expressed All y' part & porc'on of y' Countrey now com'only Called 
New England w''^ is Scittuate lying & being between y* latitude of 
Fourty degrees & fourty eight of Notherly latitude together w''^ y« 
Seas & Islands lying w'^'in one hundred Miles of any part of y* s*^ 
coast of the Country afores'^ And alsoe all y^ lands soyle grounds 
havens ports rivers mines as well Royall mines of Gold & Silver & 
other mines meneralls pearles & pretious Stones woods Quari-ys 
marshes watters fishings hunting hawking fowling commodytes and 
hereditam'^ w'soever together w*** all prerogatives Jurisdic'ons royal- 
tyes priviledgs ffranchises & preheminences w"'in any of y*" s'^ terri- 
toryes & {)recincts thereof whatsoever To have hold possess & enjoye 



34 CHARTER RECORDS. 

all & singular y* s'^ lands & premises in y* s'' letters patents granted 
or raenc'oned to be granted unto them y' s'' President & (Jouncill 
theii- Successors & assignes for ever To be holden of his Ma'^ his 
heires & Successors as of his Highness man'or of East Greenwich in 
y^ County of Kent in free & Com'on Soccage & not in Capite or by 
Kn'* service Veelding & paying to his K^'* Ma'^' his heirs & Succes- 
sors y"' one fifth part of all Gold & Silver oare that from time to time 
& att all times from y* date of y* s'' letters patents shaibe there gotten 
had or obtained for all services dntyes or demands as in and by his 
highness said letters pattents amongst divers other things therein 
contained more full & at large it doth & may appear And wheras y* 
s'' president & Conncill have upon mature deliberac'on thought fitt 
for y* better furnishing and furtherance of y^ plantac'on in those 
parts to appropriate & allot to Sey'^all & particular persons divers 
parcels of lands w"Hn y* {)recincts of y" afoies'^ granted premises by 
his Ma'^' s'' Letters Pattents Now this Indenture wittnesseth y' y* s'' 
president & Councill of their full free & mutuall consent us well to 
y^ end y^ all y^ lands woodes lakes lonchs rivers watters Islands & 
fishings with all other y« traficques proUitts & comodityes whatso- 
ever to them or any of them belonging & heerafter in these p'nts 
meiic'oned may be wholy & intirely invested appropriated seveied & 
setteled in & upon y^ s'' S'" fferdinando (jorgs & Cap' John Mason 
their licires & assignes for ever as for divers Speciall services for y* 
advancem' of y* s"^ plantac'on & other good & Sufficient causes & 
Consideiac'ons them especially thereunto moveing have given 
granted bargained sould assigned aliened sett over enfeoffed & 
confirmed & by these p'nts doe give grant bargine sell assigne alien 
sett ovr eufoffe & confirme unto y'' s'' S'' Ferdiuando Gorges & Gap' 
John Mason their heirs & assignes & to their Associates & such as 
they shall alow of & take in to adventure & joyne w"' them in their 
plantac'ons traficques & discoveryes in y' parts heerafter expressed & 
their Heires & assignes according to contracts w"^ them to be made 
All those lands & Countrys lying adjacent or boidering upon y* 
great lake or lakes or rivers commonly called or knowen by y" name 
of y'' river &; lake oi- riveis & lakes of y*" Ii-roquois a Nation or 
Nations ol' salvage people inhabiting up into y* landwards betwixt 
y* lines of west & Northwest conceived to passe or lead upwards 
from y*" rivers of Sagadahock & Merrimack in y^ Country of New 
Eno-land nfores'' Together also w'" y* lakes & rivers of y* Irroquois & 
other Nations adjoyning y^ midle pait of w*^^*^ lakes is scittuate & 
lying neei- about y*" latitude of fontty four of fourty five degrees 
reckon'd from v" Equinoctial line Noithwards as alsoe all y" lands 
Soyls & grtninds w"'in tenn Miles of any part of y*" said lakes or 



MASONIAN PAPERS GENERAL. 35 

rivers on y'' South or East part thereof & from y*" West end. or Sides 
of y" s'' lakes & rivers see farre forth to y" West as shall extend half 
way into y*' next great lake to y'' Westwards & from thence North- 
wards unto y'' North side of y'' maine river w'"' run'etii from y'' great 
& vast Westerne lakes & falleth into y' river of Canada including 
all y*" Islands \v"'in y'' percinct or perambulac'on desciibed As alsoe 
all y'' lands sole grounds havens ports rivers mines mineialls pearls 
& pretious Stones woods Quarrys marshes watters fishings hunting 
hawking fowling trade & traficque w"' y'' Salvages & other com'odi- 
tyes & hereditam'** w'soever w'** all & singular their appurten'ces 
together w"' all prerogatives rights royalltys Jurisdic'ons priviledges 
franchises preheminences lihertyes Marine power in & upon y'' s'^ 
rivers & lakes As alsoe all escheats & casualtys therof as flotson Jet- 
son & lagon w'*^ anchorag's & other such dutys im'unityes sects isletts 
& appurtences w'soever w"' all y'" Estate right title interest claime & 
dem'and w'soever w'" y'' s'' President & Councill & their Successors of 
right ought to have or claime in or to y*" s'' porc'ons of lauds rivers 
& lakes & other y*" premises as is afores'^ by reason or force of his 
Highness s*^ letters pattents in as free large ample &beneficiall man'er 
to all intents construcc'ons & purposes w'soever as in & by y* s*^* let- 
ters patents y" same are amongst other things granted to y* s^ presi- 
dent & Councill afores'^ Except two fifths of y" oare of Gold & Silver 
in these p'nts heerafter expressed W'' s'' porc'ons of lands rivers & 
lakes w"' y^ appurtences y" s*^ S"^ Eerdinando Gorges & Cap' John 
Mason w'^ y* consent of y* President & Councill intend to name y^ 
province of Laconia To have & to hold all y" s** porc'ons of land & 
all y'' lakes & Islands therein contained as afores*^ & all & singular 
other y'' premises heerby given granted aliened enfeoffed & con- 
firmed or menco'ed or intended by these p'nts to be given granted 
aliened enffeoffed & confirmed w"' all & singular y*" ap'urtences and 
every part & parcell thereof unto y" s'^ S'' fferdinando Gorges & Cap' 
John Masson their heires & assignes & their associates contracts w"* 
them for ever To be holden of his s'' Ma'"" his heires & Successors as 
of his Highness Man'our of East (ireen Wich in y" County of Kent 
in free & com'on soccage & not in Capite or by Knights service Nev- 
erthelesse w"^ such exceptions reservac'ons limitac'ons & declarac'ons 
as in y" s'' letters pattents are at large expressed Yeeldiug & paying 
unto our Soveraigne Lord y" King his heires & successors y" fifth 
part of all y*' Oaie of Gold & Silver y' fiom time to time c^' att all 
times heerafter shalbe there gotten had eV' obtained for all service 
dutyes & demands And alsoe Yeeldiug & paying unto y' S'' President 
& (^ouncill and their Successors yearly y*" Sum'e of tenn pounds of 
lawfuU mony of England at one entire paym' w'*'in tenn clayes afer 



36 CHARTER RECORDS. 

y* feast of S* Michael y" Archangel yearly And y* s'' president & 
Councill for them and their Successors doe covenant & grant to & 
^th ye g,} gr Ferdinando Gorges & Cap* John Mason their heires & 
assignes & their associates from & after then sealing & delivery of 
these p'^nts according to the purport true intent & meaning of these 
p'"nts y' they shall from henceforth from time to time for ever peace- 
ably & quietly have hold posses & enjoye all y* afores'' porc'ons of 
land lakes & rivers w"' all y" Islands & premises w**^ y*" appurtences 
heerby before given & granted or menc'oned or intended to be 
heerby given & granted & every part & parcell thereof w"'out any 
lett disturbance denyall trouble interrupcon or evicc'on of or by y'' s*^ 
President & Councill or any person or persons whatsoever claimeing 
by from or under them or their Successors or by or under their 
Estate right title or interest And y" s'^ president & Councill for them 
& their Successors doe further covenant & grant to & w'*^ y* s'^ S'' 
Ferdinando Gorges & Cap*^ John Mason their heires & assigness & 
their associates contractors as afores'' by these p'^nts That they y*" s** 
president & Councill shall att all times heerafter upon reasonable 
request at y*" only proper coasts & Charges in y'^ law of y*" s'^ S"" Fer- 
dinando Gorges & Cap' John Mason their heirs & assignes & their 
associats doe make performe Suffer execute & willingly consent unto 
any further act or acts convenyence or convenyences assurance or 
assurances w'soever for y'' good & perfict investing assureing con- 
veying & sure makeing of all y^ afores*^ porc'ons of land lakes 
Islands & all & Singular their appurtences to y^ s*^ S'' Ferdinando 
Gorges & Cap* John Mason their heires & assignes & their associates 
as by them their heires & assignes & their associates or by his their 
or any of their Councill learned in y'' law shalbe devised advised or 
required And further it is agreed by & between y" s*^ Partyes to these 
p^'nts & y" s** S'' Ferdinando Gorges & Cap' John Mason for them 
their heires Executors Administrators & assignes & their associates 
doe covenant to & w*^'^ y" S'* president & Councill and their Succes- 
sors by these p''nts y' if at any time heeafter there Shall be found 
any oare of Gold & Silver w"*in y" ground w"'in any part of y" s^ 
premises y' then they y^ s*^ S"^ Ferdinando Gorges & Cap' John Mason 
their heires & assignes & associates shall Yeeld & pay unto y^ s^ 
President & Council! their Successors & assignes One fifth part of all 
such Gold & Silver oarle as shalbe found w'^in & upon y*" premises & 
digged & brought above ground to be delivered above ground & y' 
alwayes w"'in reasonable & convenient time if it be demanded after 
y*" finding getting & digging up of such oare as afores'^ w'^out fraud 
or conin & according to y" true intent & meaning of these p^^nts And 
ye g.i gr Ferdinando Gorges & Cap* John Mason doe further covenant 



MASONIAN PAPERS GENERAL. 37 

for y'" their heires & assignes & tlieir associates y' they will establish 
such governm' in y" s'' porc'oiis of land & Islands granted unto y'" 
& y*" same will from time to time continue as slialbe agreeable asneer 
as may to y'' laws & custome of y'' Realine of England & if they 
shalbe charged at any time to have Neglected tlieir duty therein y' 
then they will reforme y" same according to y*" directions of y'' Piesi- 
dent & Councill or in default thereof it shall be lawful! for any of y* 
agreeved inhabitants or planters being tennants upon y* s'' lands to 
appeale to y'' Gheife Courts of Justice of y'^ s'^ President and Councill 
And y* s'^ S"" Feidinando Gotges & Cap' John Mason doe covenant & 
grant to & w"' y*" s'' President & Councill their Successors & assignes 
by these p''nts y' they y*" S'' Ferdi'ando Gorges & Cap' John Mason 
shall & will before y^expirac'on of three yeares to be acconted from 
y'' day of y^ date heerof have in or upon y" s*^ porc'ons of lands or 
some part thereof one ffoi'te w'^ a competent guard & tenn ffamillyes 
at y^ least of his Ma'** subjects resident & being in & upon y*" same 
premises or in default thei-eof shall & will forfeit & loose to y'' s*^ 
President & Councill y* Sume of one Hundred pounds sterling money 
& further y' if y*" s'^ S"" Fardinando Gorges & Cap' John Mason their 
heyres assignes or associates shall at any time hereafter alien these 
premises or any part thereof to any forraigne* Nations or to 
any person or persons of any fforraigne Nation w'^'out y*" speciall 
licence consent & aggreem' of y'' s'^ President and Councill their Suc- 
cessors or assignes y' then y** part or parts of y'^ s'* lands soe aliened 
shall immediatly returne back again to y'' use of y^ s'^ President & 
Councill And y*" s'' President & Councill for them selves & tlieir Suc- 
cessors doe further covenant & grant to & w'^ y*" S'' S'' fferdinando 
Gorges & Cap' John Mason their heires & assignes & associates & by 
these p^^nts y' it shall & may be lawfull at all times heerafter to & for 
y' s*^ S"^ Ferdinando Gorges and Cap* John Mason their Heires & 
assignes & their associates & y" Deputyes factors servants & ten'ants 
of them or any of them to have free Egress regress way & passage to 
enter & pass into & returne from & to any of y'' s'^ demised lands 
lakes & rivers w"' their Shipps boates barkes or other vessells w"^ 
their munition & their Cattle and commodityes of w' nature soever 
from by & through any of y'' lands rivers harbours creeks or Sea ports 
upon y" sea Coasts or frontier parts of New England afores'' belonging 
to y'' President (S: Councill afores*^ w"'out any lett ti-ouble interrupc'on 
molestac'on or hindrance of them y'' s'^ president & Councill their 
Successors or assignes or if any other person or persons claiming 
under them or by their means or procurem' And for y"" better accom- 
odac'on of them y" s'^ S"" Ferdinando Gorges & Cap' John Mason 
their heires assignes & associates in their intended traficques & plan- 



38 CHARTER RECORDS. 

tac'ons above in y" s'^ lakes of y'' Ivroquois wliitlier their goods & 
marcliiindizes from y'' sea ports are to be after lauding tiansported it 
shalbe lawfull for y'" to make choise of & take and possess for y* 
use of y"' y'' s** S"' Ferdiiiando Gorges & Cap' John Mason their heiies 
assignes & associates and their Depntyes ft'actors tenuants & planters 
of their Colonyes in any of y* ports harbours or Creekes in New 
England lying most com'odious for their passage up into y^ s'' lakes 
One thousand acres of land uj^on y^ side or Sides of such harboi'S 
ports rivers or Creekes where y" same is not yet dispossed of to any 
other persons by y* S'^ president & Councill & y** s'' lands by y'" 
shalbe holden possessed & enjoyed as freely & with as ample piivi- 
ledges Jurisdic'ons & comodityes in all respects as any other y* lands 
above in these p''nts demised & granted unto them & further knowe 
yee y' y^ S'^ president & Councill have made constituted deputed 
authorized & appointed & in their place & stead doe put Edw : God- 
frey oi- in his absince to any other ])erson y' shalbe there Governo'' or 
other OHicer to y* president & Councill to be their true & lawfull 
Attorney & in their name and Stead to enter y® s*^ porc'on of land & 
other premises w*'^ there appurtences or into some part thereof in 
name of y*' whole for them & in their names to have & take pos- 
session & seizin thereof & after such possession & seizin therof or 
some part thereof in y*^ name of y*^ whole soe had & taken then for them 
& in their names to deliver y* full & peaceable possession & seizin of 
all & singular y® s'^ granted premises unto y* s*^ S"" Ferdinando Gorges 
& Cap' John Mason or to their ceitaine Attorney or Attorneys in y"^ 
behalf according to y® true intent & meaning of these p^nts ratifying 
confirming & allowing all & w'soever theiie s'' Attorney shall doe in 
or about y'' apremises by these p^^nts In wittness whereof to one of 
these p^'nt Indentures remaining in y* hands of y^ s^' S"" Ferdinando 
Gorges & Cap' John Mason y" s*^ president & Councill have caused 
their com'on Seal to be affixed & to y^ other part of these p''nts In- 
dentures remaning in y* Custody of y^ s'' President and Councill y® 
s'' S'' Ferdinando Goi-ges & Cap' John Mason have putt to their hands 
& Scales given y* day & Year first above wiitten. 



Description of Laconia, State Papers, Vol. 1, p. 17. 

Letter, Thomas Eyre to Ambrose Gibbons, last of May, 1631, State 
Papers, Vol. 1, p. 61. 



MASONIAN PAPEHS GENERAL. 39 

[Grant of Phcataway Nov. 3. 163L] 
[Arcliives of England, Colonial Papers, Vol. G, j). 28.] 

Grant & Confirmation of Piscataway to s'' Firidinado Gorges & 
Cap' Mason & others: An"o 1631 

This Indenture made the 3'' day of Novem'' An"o I)ni l(i31 : and 
in y^ 7'" yeere of y* Reigne of Our Sov'aigne Charles by the Grace of 
God of England Scotland France and Ireland King Defendor of the 
ffaith &c Betweene the Pi'esid' & Councill of New England on y* one 
■^ty, and S"^ Ferdinando Goigcs Kn* Cap*^ John Mason of London Esq"" 
and their Associates John Cotton, Henry Gardner, Geo: Griffith, 
Edwin Guy, Thomas, Wannerton, Thomas Eyre and Eliezer Ever, on 
y« other pty Wittnesseth. That whereas our late Soveraigne Lord of 
famous Memory King James for the makeing of a Plant<icon and 
establishing of a Colonic, or Colonies in y* Countries called or knowne 
by the name of New England in America Did by his Highnesse's 
L'res Patents under the Great Scale of England, beai'ing date at 
Westm'^ y^ 3'' day of Nov'' 1620, give gi-ant and confiime unto the R' 
Hon''^® Lodwicke Duke of Lenox, Geo: Marques of I)uckinghani, 
James L'^ Merques of Hamilton — Thomas Earle of Arundale Rob- 
ert Earle of Warwieke S"^ Fei-dinando Gorges Kn' and diverse 
other whose names are expressed in the s'* L'res Pat: their 
Heires and Assignes, that they shalbe one body Politique, and 
Corporate perpetuall, and that they should have perpetuall Succes- 
sion, and one Common Seale or Scales, to serve for the said Body, 
And that they and their Successors shalbe knowne, called and incor- 
porated by y* name of the presid' and Councill established at P]ym° 
for the planting I'uling and govei-ning of New England in Ameiica, 
and did of his especial! Giace, certaine Knowledge, and mere Mocon 
for him his Heires and Success''* give, grant, and confirme unto the s'' 
Presid' and Councill and their Success'^ under y® Reservac'ons, Limi- 
tac'ons and Declarac'ons in the s'' L'res Pat. expiessed, All that part 
and porcon of y' Countrie now commonly called New England w'*' is 
situate, lying, and being betweene y* latitude of -10 gr and 48 of 
NorthMy latitude, Togeather w"' y^ Seas, and Islands lying w"^in 100 
Miles of any port of y* s'^ Coasts of y' Countiie afores'^ And also all 
y' Lands, Soyles, Grounds Havens, Ports, Rivers, Mines as well Roy" 
Mines of Gold and Silver and other INIines Minalls Pearles and pre- 
cious stones. Woods Quarries Marshes. Watei-s, ffishings, Hunting, 
Hawking, ftowliiig. Commodities and llereditam''* w'soever. togeather 
w*" all Pi-erogatives, Jurisdicc'ons, Royallties, Priviledges ffranchises 
and Preheminences w"'in any of the s'" Teri'itories and y'' p''cincts 



40 CHARTER RECORDS. 

thereof w'soever. To have hold possesse and enjoy all and slnguler 
the said Lands and p''misses in y* s'' L'res pat: granted or menc'oned 
to be granted unto them y* s'^ presid' and Councill their Successors and 
Assign** forever. To be holden of his Ma^'* his heires and Successors 
of his H^^^ owne Man' of East Greenw'^'' in the Couutie of Kent, in 
free and Common Soccage and not in Capite or by Knights Service. 
Yeilding and paying to the Kings Ma''^ his Heires and Success""* the 
One 5^" p' of all y^ Gold and Silver Oar that from time to time and 
at all times from y* date of the s*^ L'res pat. shalbe there gotten had or 
obteined for all Services duties or Demands as in and by his H**^ L'res 
pat: amongst div''s other things therein conteined more fully and at 
large it doth and may appeare, And whereas the sd Presid' and Coun- 
cill have upon mature deliberacon thought fitt for the better furnish- 
ing and furtherance of y® Plantacon in these parts to appropriate and 
allott to sev''all pticular "^sons diverse '^ cells of Land vv'^ in the 
p^'cincts of the afores*' granted p''misses by his Ma'^ s'^ L'res pat: Now 
this Indenture Wittnesseth that the s'^ Presid* and Councill of their 
full free and mutuall consent, as well to y* end that all the Lands 
Woods Lakes, louches, Rivers, Waters ponds Islands and Fishings, w'^ 
all other Tratfique, Proffitts, and Commodities whatsoever to them 
or any of them belonging, and hereafter in these puts menc'oned may 
be wholly and entirely invested appropriated severed and settled in 
and upon y* s'^ S"" fferdinando Georges, Cap* John Mason, and their 
Associates, John Cotton, Henry Gardner, Geoige Griffith, Edwyn 
Guy, Thomas Wannerton Tliom: Eyre, & Eliezer Eyre as by divers 
speciall Services by them already done for the advancement of the s*^ 
plantacon by makeingof Clapboards and pipestaves makeing of Salt 
panns, and Salt, transporting of Vines for makeing of Wines search- 
ing for Iron Oare being all, businesse of very great Consequence for 
causeing of inauy Soules both men, women and boys and store of 
Shipps to be employed thither, and so in short time prove a great 
Nursery for shipping and Mariners, and also a great helpe to such as 
in this Kingdome want good Imploym* And further for y* the s'' S'^ 
fferd: Gorges Capt. John Mason, and their said Associates John Cot- 
ton, Henry Gardiner, Geo: Griffith Edwin Guy Thom: Wannerton 
Tho Eyre and Eliezer Eyer have by their Agents there taken great 
paines and spent much tyme in the discovering of the Countrie 
all W'^ hath cost them (as we are credibly Informed) 3000" and up- 
wards, which hitherto they are wholly out of purse, upon hope of do- 
ing good in time to come to y* publique. And also for other good and 
sutficient Causes and Conssiderac'ons the s*^ presid' and Councill es- 
pecially thereunto moveing. Have given granted bargained sold as- 
signed," aliend, sett over enfeoffed and confirmed and by these p'nts 



MASONIAN PAPERS GENEKAL. 41 

Do give grant, bargaine, sell assigne, aliene sett over enfoffe and con- 
lirrae unto the s'' fferdinando Gorges Cap' John Mason John Cotton 
Henr: Gardner Geo Griffith Edwin Guy Thom: Wannerton, Thorn: 
Eyere and Eliezer Eyre, their Heirs and Assignes for ever All that 
liouse and cheife habitacon situate and being at Pascataway al's Pas- 
cataquack al's Pascaquacke in New England aforesaid, wherein Cap' 
Walt: Neale and y® Colony w''' him now doth or lately did reside to- 
geather w"^ the Gardens and Cornegrounds occupied and planted by 
the s'^ Colonie, and the Salt workes allready begun as afores'* And 
also all that poreon of Land lying w'4n the precincts hereafter men- 
c'oned, beginning upon the Seacoast 5 miles to the WHvard of or 
from the s'' cheife Habitacon or Plantation now possessed by the s'^ 
Cap' Walter Xeale for y" use of the Adventurers to Liconia ( being 
in the latitude of 43 degr*^ or thereabouts in the Harbour of pascata- 
quack al's Pascataquack al's Pascataway, and so forth from y® s'' be- 
ginning Eastw'^ & North eastw*^ and so proceeding Northw'^^ or North 
Westw''* intoy*" Harbour and River along the Coasts & Shoares 
thereof including all the Islands and Isletts lying w'*"'" or neere unto 
the same upwards into the head land opposite unto the plantacon or 
Habitacon now or late in the Tenure or Occupation of Edw'' Hilton, 
& from thence, VVw*^" & South WSv''" in y« midle of the River and 
through the midle of y® Bay or lake of Boquacack al's Boscaquack or 
by what other name or names it hath towards the bottome or West- 
ermost part up y*^ River called Pascassockes to the falls thereof, and 
from thence by an Imaginary Line to pass over, and to the Sea, where 
the pambulacon begann Togeather w"^ all y^ Lands, Soyle, Ground 
Wood, Quarries, Mines, ffishing. Hunting Hawking, ffowling, Como- 
dities and Hereditam'* whatsoever, Togeather also w'^ all prerogatives, 
Jurisdicc'ons Royallties, privileidges, ffranchises and prehemiuences 
^ythjjj ye pvecincts of Land conteined w'^'in y*^ limits or bounds afore- 
se'd. And also the Isles of Shoales, and y^ ffishings thereabouts — And 
all the Seas w'^'in 15 miles of the foresd Sea Coasts, And also all the 
Sea Coasts and Land lying on y* East and Northeast side of the Har- 
boure and River of Pascataway afores^ and opposite to the bounds 
above menc'oned, begining 15 miles to y® S: eastwards of y® Mouth 
or first entrance and begining of the said Harboure, and so upp to y® 
falls and into the ponds or Lakes that feed the s*^ ffalls, by the space 
of 30 miles including the s'' ponds or Lakes and the Shoares thereof, 
and so crossing into the Landward, at a right angle by the space of 3 
miles the whole length therof from y* s'^ mouth or first entrance from 
the Sea ajid Eastwds into y® Sea, w''' s*^ 3 Miles shalbe allowed for 
y® breadth of y® s'' land last menc'oned both upon y*" land and Sea, As 
also all y® Land Soyle Ground Woodes, Quarries Mines^ ffishings 



42 CHARTER RECORDS. 

HuntincT Hawking ffowlino- Commodities and Hereditam''* whatsoever, 
togeather w'" all [)rerogatives Jurisdicc'cns, Ivoyallties, Privileidges, 
ft'ranclnses and p'heminences w"'in ihe p'"cinets of Land lasst men- 
c'oned, conteined, To have and to hold all y*^ s'* House and Habitacon 
porc'ons of Land and all Lakes and Islands therein conteined as 
afoiesaid, and all and singular other y*' p'niisses hereby given, granted, 
bargained, sold, aliened, enfeoffed, and confirmed, w"' all and singular 
thappurtences and every part and pcell thereof unto y*" s'' S' fferdi- 
nando Gorges. Cap' John Mason John Cotton Henry Gardner Geo 
Griffith Edvvyn Guy, Thomas Wannertou, Thomas Eyre and Elyezer 
Ever to y** only use & behoofe of them y*' s'^ fferd: Gorges &c their 
Heiies and Ass:' for ever. Yeilding and ])aying unto our Sover" L** y® 
King his Heires and Successors ^ fall y*' Oore of Gold and Silver that 
from time to time and at all tj^mes hereafter shalbe there gotten, had 
& obteined for all Services, duties and demands, and also yeilding & 
paying unto the s'' presid' Councill and their Successe'^^ every yeere 
yeerely for ever 40* sterl^ at y" ffeast of S' Mich: tharchangell if it 
shalbe lawfully demanded, at the Assuiance House on the West side 
of the Roy" Exchange in London. And the s'^ piesd' & Councill for 
them & their Success''* do Covenant and Grant to and w"' y" s'^ S"" 
fferdin: Gorges Cap' John Mason and their said Associates John Cot- 
ton Henr: Gardner Geo Griffith Edwyn Guy Thorn: Wannertou, 
Thom: Eyer and Eliezer Eyre their Heires & Assignesby these p'nts, 
that from their sealing and delivei'y hereof according to y" purport, 
true intent and meaning of these p'nts the s'' S'' Ferdinan: Gorges, 
Cap' John Mason and their s*^* Associates John Cotton Henry Gaid- 
ner, Geo. Griffith, Edwin Guy, Thom. Wannertou Thom. Eyer and 
Eliezer Eyre, their Heires and Assignes shall from tyme to tyme for 
ever peacably and qneetly have hold possesse and enjoy all thaforesd 
House and Cheife Habitacon porc'ons of Lands w"' all y* Islands and 
p^'misses w"' thappurten'ces hereby before given and granted or men- 
c'oned, meant or intended to be hereby given and granted, and every 
part and parcell thereof, w"^out any Lett, disturbance, denyall trouble 
interrupc'on or evicc'on of or by y'' s'' President and Councill or any 
pson or psons whatsoever clayming by from or under them or their 
Successors or by or under their Estate. Right Title or Interest, And 
the s'' j)resid' and Councill for them and their Successors do fui-ther 
Covenant and grant to and w"' y" s'' S'' fferd: Gorges Cap' John Ma- 
son, and their Associates John Cotton, Henry Gardner Geo. Griffith 
Edwyn Guy, Tho: Wannertou, Thom: Eyre and Eliezer Eyre their 
Heires and Ass' by these p'nts That they the s'^ presid' and Councill 
shall at all time & times hereafter upon reasonable request, at the 
only proper Cost and Charges in the iiaw of the s'' S' ferdin: Gorges, 



MASONIAN PAPERS GENERAL. 43 

Cap' John Mason, and their s'' Associates John Cotton, Henry Gard- 
ner, Geo: Griffith Edwin Guy The: Wannerton Tho: Eyre, and Elie- 
zer Eyre their Ileires and Ass' do, make ^ forme, suffer execute, and 
willingly consent unto any further Act or Acts, Conveyance, or Con- 
veyances, Assureance, or Assurances for the good and pfect Invest- 
ing, Assuring, Conveying, and sure making of all the afores'' Houses 
and IIabitacon% porc'ons of Land, Islands and all and singular other 
the p^nisses w"' thappurten'ces to the s"^ S"" fferd: Gorges Cap' John 
]\Iason, and their s'^ Associates John Cotton Henry (Gardner George 
Gritlith Edwyn Guy Thoujas Wannerton Tho. Eyere and Eliezer 
Eyi-e, their Heires and Assignes, as by them their Heires or Assignes, 
or by his or their or any of their Councill learned in the Law shalbe 
devised or advised or required, And further Know yee that the s"^ 
presid' and Councill have made, constituted deputed, authorized ap- 
pointed, and in their place and steed do putt Cap' Thom: Camock 
Henry Joselin, or in their absence to any other pson that shalbe their 
Governour, or other Officer, to the pres'" and Councill, to be their 
lawfull Attorny and in their name & Steed to enter into the s'^ 
House and Habitation porc'ons of Land and other y^ p'misses above 
given and granted w^^ their ap'^ten'ces, or into some pt thereof, in 
the name of the whole for tliem and in their name to have and take 
possession and seizin thereof, and after such Possession and Seizin so 
thereof or of some part thereof in the name of the whole so taken and 
had, then for them and in their names, to deliver full and peaceable 
possession and Seizin of all and Singular the s*^ Granted p^'misses unto 
y* s"^ S' Ferdinando Gorges Cap' John Mason, and their said Asso- 
ciates John Cotton, Henry Gardner, Geo: Griffith Edwyn, Guy, 
Thomas Wannerton, Thomas Eyre, and Eliezer Eyre, or to their cer- 
taine Attorny or Attornys in that behalfe, according to the true in- 
tent and meaning of theise p'nts. Ratifying, Confirming and Allowing 
all and whatsoever their said Attorny shall do in or about the p'misses 
by these p'nts. In Wittnesse whereof the said president and Councill 
to two parts of these presents both of One Tenor have sett their Com- 
mon Scale and to one part thereof the s'' S" Ferdiu: Gorges, Cap' John 
Mason, John Cotton, Henry Gardiner, Geo: Griffith Edwin Guy, Tho: 
Wannerton, Thorn: Eyre, and Eliezer Eyre have sett their hands and 
Seale the dav and veere first above written. 



Note of patent to Gorges and Mason, Nov. 4, 1681, State Papers, 
Vol. 17, p. 484. 



07 


00 


16 


00 


12 


06 



44 CHARTER RECORDS. 

[Invoice of Goods, Nov. 17, 1631.'] 

[Council Book 1, p. 1.] 

London the 17'^ of November 1631./. 
Invoice of Sandrie comodities Shipped in good Condition aboard 
the Pide Cowe m'' William Stephenson bound for the harl)Our of Pas- 
cattawaj" in new England being for the Accompte of the Right Wor" 
S'' fferdinando Gorges knight: Captaine John Mason Esquire m"" John 
Cotton George Griffith Henrie Gardiner and Compa Marchants Con- 
signed to John Raimojul Purser of the Said Shippe viz./. 

7 Hogsheads of Beefe weighing 31*= 3'^'^ ) ^^q 
09'' at 18« 6^^ f centumme— \ 

8 fferkins of Butter at 19^ 6'» f — 07 
gc 2'ir 29" of suffs Cheese, packed up in a ) -.^ 

Chest at 2''^^ "^ pound is — ( 

22 bushells, 3 peckes of Oatemeale at 4M n- nr* no 
Q.i ^ I 1 11 • [ Oo Ob 02 

8^ ^ busnell is — \ 

32 Gallons & 3 quartes of sweet ovle at 

4^. 08'' f gallon is— 
The Ch3'rurgians Bill is — 
4 hogds: of Meale q' 4 quarters at 5* 

^ bushell— 

2 Donzen of howes at 2* y® pee — 
The Ironmongers Bill — 
4 fflock Beads & bolsters at 18* — 
1 Rugge at — 

3 Pigges of Leade & 56*^ of shott — 

4 quarters of Mault w"" the Caske — 
Lines for Codde — 
ffish hookes 

Summe 096 15 04 
Transported to the next folio 

Sundrie Commodities shipt in the Pide Cowe amount- 
ing unto as in the last ffolio appeareth — 

096 15 04 

4 Pieces of Poloaines ffo''sailes ffor shal- | ^^r q^ qq 

lops at 25^ ^ peiee — ) 

1 quoile of Cordage— 001 16 00 

2 Bendes of Lether— 001 16 00 
8 Comes cost w"^ there Cubbes— 001 04 00 



07 


12 


10 


04 


06 


00 


08 


00 


00 


02 


08 


00 


04 


10 


00 


03 


12 


00 


00 


15 


00 


02 


07 


10 


06 


00 


00 


06 


02 


00 


02 


00 


00 



000 


18 


OtJ 


000 


12 


00 


000 


18 


03 


109 


00 


01 


010 


19 


11 


030 


00 


00 



MASONIAN PAPERS GENERAL. 45 

Compasses @ — 
Georgius Agricolae — 
Spices & mustard seed — 

Sum ma is as appeareth — 
Chai'ges here — 

More 25" '^ centum ff°or disbursing 
the monie & bearing y^ advent: — 

Summe totall is— 150 00 00 

These thinges you are to deliver to the Governour Cap' Walter 
Neale, he giveing you good beaver ff°or them at 6^ '^ pound if Cap' 
Neale needeth them not or cannot pay you for them, then you maye 
disposse of them otherwise ffor Beaver as occasion offereth./. 
rec'* 3 bar 4 bar Oatmeale cont 22 bush: 3 pecks at 

fTerd. Gorge 
John Mason 
John Cotton 
Henry Gardiner 
Edwin Guye 
Geo: Griffith 
Tho: Wannerton 
Tho. Evre 
Willia'"Gyles 

More there is in the ff^att where the Kettles are 2 Rolles of Vir- 
ginia tobacko w*^*" I rate at 12'^ '^ pound I pray put them off in the 
best manner you can And put the returnes amounge y® Adventur"./. 

you'* Tho. Eyre 

Carpenters Tooles, clinch nayles etr for the Pinace we reckon not 

[Endorsed] Invoice of comodities 17'^ November 1631 to Jn° 
Rairaan Purser of ye pide Cowe to sell for present paj^e — 
N»9 



Other invoices and accounts, State Papers, Vol. I, pp. 66-102. 



[Invoice of Goods, April 18, 1632.'] 

[Council Book 1, p. 5.] 

London the 18'^ of April! 1632./. 
M'' George Vaughan 

Oure trade com'odities now shipped aboard the shippe John are as 
followeth./. 



46 CHARTER RECORDS. 



158J yercls of Playnes at IS'' f yard— 
6oi Goads of Cottons at '1'^ "^ goade — 
59i yoades at IG'' ^ yoade — 
59| voades at 2^ 1" f yoade— 
90^ y^''^ of shagge at 18'^ ^ y^''— 
51 at 22*^ f yoade— 

3 Greye ft'rizes at 50^ ^ ps— 
55 Blanketts at 12^ f ps— 

4 courser at 10^ "^ ps — 

1 peice of faanell yards 17^ at 12''f 3 

In all to send us by yo'' Cosin Kiuge 
1 piece of Bayes QP"^' at 15'' f yard 



11 


17 


09 


06 


11 


00 


03 


18 


08 


06 


03 


11 


06 


15 


09 


04 


15 


09 


07 


10 


00 


33 


00 


00 


02 


00 


00 


"' 00 


17 


06 


83 


10 


04 


04 


00 


00 



!7 10 04 



These comodities were as you know all 
but the 3 ffrizes, 1 Cotton & the piece of 
fflannell by your Taylor made into Coates 
and stockings viz./. 

50 mens Coats 
24 Cliildrens Coates 

51 wascoates 
3 Caskots & hose & 
7 dozen & 7 paire of stockings 

The Dyeing & Dressing Cost 

Threecfs, Tape, Buttons, lace — 

To the taylor for making — 

20 paire of sheetes cost — 

packing, canvas, Cartage, Custome house 

Summa 

The Com'odities I mentioned in the last folio are packed as you 
know in 9 Bales m'^ked all w'*' a P. viz./. 
N« 1 20 Blanketts 

2 20 Blankets 

3 19 Blankets 

4 1 Cotton qts. 82^ y'''' 

3 ffrizes q'' 20^, 2i, 22, y'^' 
20 paire of sheetes./. 

5 16 mens Coates 

6 16 mens coates 



07 


10 


00 


02 


11 


06 


08 


01 


00 


10 


01 


07 


01 


15 


07 


.17 


10 


00 



MASONIAN PAPERS GENERAL. 47 

7 1() mens coates 

8 24 Childrens Coates & 
43 wascoates. /. 

In your owne Trunke 
3 mens Coates. 
8 wascoates 

3 suites Cassocks & hose & 
1 peice of IHannell red./. 

soe the whole number of coates for men w"' .1. of o"" owne y* re- 
mayned of a former voyage are 51 when God shall send you safe 
arivall repaire we pray you unto Captaine Naile we have written unto 
liime to deliver these Com'odities unto you & such other trade goods 
as he can furnish you w"^ there of o''^ if you desire them. And 
then we pray you to put them of for good beaver alsoe we pray 
you to helpe us there w^ you can in dispeeding hither o"^ returnes. 
And then if you thiuke good to come unto us for another supplie 
w^e shall like it well./. 

Thus we Commend you to God 

Your loving friends 

John Mason 
Henry Gardiner 
Tho. Eyre for the rest 
of the Adventurers 

[Endorsed] M'' George Vaughans remembraoce or y^ Corapanyes 
Invoice of trade goods 1632 
K°10 



l[Letter to Amhroae Gibbons, Dec. S, 1632.^ 

[Council Book 1, p. 9.] 

London the 5'*^ December 1632 — 
M"" Ambrose Gibbins : / 

Your Siuidi ie letters we have Received wee doe take notice of your 
Care and paines in our plantation and doe wish that others had bin 
that way the same that you are and will wee hope soe Continew. The 
Adventurers here have bine soe discouraged by reason of John Gibbes 
III dealing in his fishing voiage as alsoe by the small retournes sent 
heither "^ Captaine Neale, M"" Herbert, or any of their factors as that 
they have noe Desire to proceed any further untill Cai)taiiie Neale 



48 CHARTER RECORDS. 

Come heither to Conferr with them that by Conference with him 
they may setle things in a better order, wee have written unto Cap- 
taine Neale to Dismise the houshold onlie Such as toill, or canne live 
of themselves may stay upon our plantation in Such Convenient 
places as Capt" Neale M' Godfrie and you shall thineke fitt and after 
Conferrence had here with Captaine Neale they shall have a reason- 
able quantity of Land graunted unto them by Deed — 

Wee praie you to take Care of our house at Newichewanick and to 
looke well to our Vines alsoe you may take some of our Swine and 
goates which wee pray you to preserve Wee have Committed the 
Cheife care of our house at Pascattaway to M"^ Godfrie and written 
unto m'' Wauerton to take care of our house at strawberrj^ bancke our 
desire is that M'' Godfrie, m"^ wannerton, and 3^ou, shold Jo3'ne Love- 
inglie together in all things for our good. And to advise us what our 
best Course will be to doe another yeare — 

You desire to setle yourself upon Sanders point, the adventurers are 
willing to pleasure you not only in this, in regard of the good report 
they have heard of you from tyme to tyme but alsoe after they have 
Conferred with Capt" Neale they determyne some further good 
towards you foryo'' further Incouridgment — 

Wee desire to have our fishermen Increased whereof wee have writ- 
ten unto M"" Godfrye, wee thanke you for Assisting John Raymond 
wee pray you still to be helpfull unto him that be he may dispatch 
and Come to us w"' such retourue as he hath and if he hath any of his 
trade goods remayning unsold wee have willed him to leave them 
with you and wee doe hereby pray you to receive them into yo"" Cus- 
tody and to put them off with what Conveniency you Canne and to 
send us the retournes by the first shipp that Cometh, Thus we Com- 
mend you and yo'' wife to the Protection of the Almightye 

Yo'' Loveing ffreinds 

Jhou Mason 

Henry Gardiner 

Geo: Griffith 

Tho: Wannerton 

Tho: Eyre for my Children 

[Endorsed] The Comp"^ of Laconia to m"" Ambros Gibbens 
London S'*" December 1632 
ReC^y^ 30'^ June 1633 — 



Names of Stewards and Servants sent by John Mason, Esq., into 
this Province of New Hampshire, State Papers, Vol. 1, p. 113. 



MASONIAN TAPERS GENERAL. 49 

[^Letter from Ambrose Gibbons, June 2Jj., 1633.1 

[Council Book 1, p. 16.] 

After 1113' Uiiible duty remembred Unto your worship I pray for 
your licaltli and sperits these are Certifiing your worship for goodes I 
have Received from you I have delivered Unto John Raynion 76' and 
4 ownces of beaver 10 otters 6 musquashes and on martin more that 
Cap' neale had 358' and 11 ownces of beaver and ottor 7 martins on 
black fox skin on other fox skin 3 Racoon skines 14 musquashes 2 of 
them with stones mr Raymons ])resent departing and the intermix of 
all the trade goodes in my care Until m"" Vaghan Com I Can give you 
any satisfaction for the acount of trade I did advise m"" Raymon to 
Returne with all speede Unto youre letters I Received the 7"^ of June 
at larg I wil write god will by the next thus taking my leave I Coniit 
your worship to Almigty god from Newichwanicke this 24 of June 
1683 

your worshipes at Comand 

Ambros Gibbins 

ISl^ Raymon hath left a noot of perticuler debtes which I doe not 
dout but are good and by his acount they doe Amount Unto 22 
Pound and i of beaver 

[Endorsed] of a letter to the Company 1633 

Mr Gibbons to the Company 

No: 4 



[^Property at NeivicJuvannock, July, 1633.1 
[Council Book 1, p. 17.] 

An Estimate of the Trade goodes left at Newichiwanicke July 

1633. 

n s (I 

17 lined Cootes 17— 0—0 

07 Unlined at 15^ '^ peese 05—05—0 

11 Ruges 11_00— 

5 papoose Cootes 02 — 10 — 

2 wastcootes 00—08-0 
16 mouse Cootes 16 — 00 — 

3 Cootes lined 03—00-0 
14 mouse Cootes at 15^ f peese 10—10—0 
30 gallands of aquavity 07 — 10 — 

4 



50 CHARTER RECORDS. 

6 pare of ould slieetes 03 — — 

on Ruge 01— 0—0 



77_03— 

14 wastcootes at 4' ^ peese 02—16 — 

89 mens Cootes 39—00—0 

6 barnstable soyled Ruges 06 — 00 — 

26 Kotten blankits 05—00-0 
19 pare of stokins at 1* 6"^ "^ peese 01 — 08 — 6 
71 pare of stokins at 1* 4'^ f pa 04—13—8 
32 shirtes oulde and nue at 4^ ^ peese 06—08-0 
51 pare of sbooes at 2^ 6'^ ^ pare 06-07-0 
24 pare Coorse Kotten stokins 01 — 04 — 

4 kettles 03—00—0 

27 batcbits at 2^ ^ peese 02—18—6 
14 pare of Kotten sbooes 01 — 00 — 



79_15_0 
77_03— 

156—18—8 



\^Cove7iant hehveen Walter JSfeal and Charles Knill, 'full/ 1, 1633.^ 

[Council Book 1, p. 18.] 

This present writing testifietb tbat Cbarles Knill Dotli covenant 
w'^ Cap* Wallter Neale, Governour at Pascattaquack in Xew england 
in tbe bebalfe of Cap' Jobn Mason of London esqr. & Company, tbat 
tbe said Cbarles Knill sball serve at tbe Plantacon of Pascattaquack, 
for tbe use and benefitt, of tbe said Cap' Jobn Mason & Company, 
from tbe date of tins present writing untill tbe first of marcb next 
ensuing, duringe w''^' said time, tbe said Cbarles Knill dotb promise to 
doe all faitbfnll service, to tbe said Cap' Jobn Mason or bis assignes. 
And tbe said Cap' Walter Xeale dotb promise in tbe bebalfe of tbe 
said Cap' Jobn Mason, tbat tbe said Cbarles Knill sball well & truely 
be paid for his service duringe tbe said time tbe somme of five poundes 
either here in New England or in any other place where tbe said 
Cbarles Knill sball conveniently appoynt. & the sayd Walter Neale 
dotb further promise in tbe bebalfe of the said Jobn Mason Esqr And 
Company, tbat the said Charles Knill shall have passage into Eng- 
land tbe next yeare, after the said terme expired in any such shipp as 
shall be sent hither for this Plantacon provided that the said Charles 



MASONIAN PAPERS GENERAL. 51 

Knill, shall serve in the aforesaid plantacoii untill the shipps departure 
(if it shall be soe required) after the rate afore said in testymony 
whereof the said Charles Knill hath here unto subscribed, the first of 
Julie, 1633 

This is the true Coppie of the Covenant betweene Cap' Walter 
Neale & Charles Knill in the behalfe of the Compan3\ /. 



[^Gibbons to the Company, July 13, 1633.'] 
[Council Book 1, p. 23.] 

Newichiwanick July the 13'^ 1633 

Right Honorable Right Worshipful and the Rest my hu[mble ser- 
vis merabered] 

your letter dated the 5* of december and m'' Ai-es letter [the third 
of April, I received] the 7"' of June The detaining of the former letter 
[hath put you to a great] Charge in the plantation — for my Care and 
paines I have [not thought it much] Althoug I have had Very little 
encorageraent from you [and here.] I doo not doubt of your good will 
Unto mee — for [your fishing you complain] of m"" gibes, a londoner is 
not for fishinge Neither [is there any amity] betwix the west Cuntrie- 
men and them bristoor [Barnstable is very] Convenient for your fish- 
inge shipes — it is not I nou[gh to fit out shipes] to fish but the must 
be sure god wil to be at ther [fishing place the] begininge of febuary 
and not to Com to the land [when other men have] halfe ther Viage 
— m"" wanerton hath the Charge of the [house at Pascatawa] and hath 
with him william Cooper Rafe Gee [Roger Knight and his wife] Wil- 
liam darnit and on boy — for your howse at Newic[hwanicke I feeling 
the] Necessity wil doe the best I Can there and elsewhere [for you 
until I hear from] you againe — Advise I have sent but not knowing 
your intentes I Canot wel enlarge — but I Refer you to m"" herbert and 
m^ Vaghhan for my settlement at sanders poynt and the further good 
you intend me I humbly thanke you I shal doe the best I Can to be 
grateful I have taken into my handes all the trad goodes that remains 
of John Raymones and m"" Vaghhans and wil with what Convenience 
I may put them of; you Complaine of your Returnes you take the 
Coorse to have litle a plantation must be furnished with Cattel and 
good hire hands and necessaries for them and not thinke the great 
lookes of men and many wordes wil be a meanes to raise a plantation 
those that have bin heare this thre year som of them have neither 
meat mony nor Clothes a great disparigment I shal not need to speak 
of this you shal heare of it by others for my self my wife and Child 
and 4 men wee have but ^ a 11 of Corne beefe and poike I have not 



52 CHARTER RECORDS. 

liad but Oil peese this 3 montlies nor beiire this 4 monthes for I have- 
for 2 and twenty monthes liad but 2 11 of beare and 2 11 and 4 booshel 
of malt [our] number Comonly hath bin ten I nor the servantes have 
neither raony nor Clothes I have bin as spare As I Could but it wil 
not doe these 4 men with mee is Charles knel Thomas Clarke steven 
kidder and Thomas Crockit 3 of them is to have for ther wages Until 
the first of march 4' '^ peese and the other for the yeare (i* which in 
your behalfe I have promised to satisfie in mony or bevor [at 10' "^J 
pound if hear were necessaries for them for Clothing ther would not 
be much for them to Receave you may perhapes thinke that fewer 
men would serve me but I have somtimes on C or more Indians and 
far from Neyl)ors thes that I have I Can set to pale in ground for 
Corne and gardin I have diged a wel within the palizado wher is good 
water I hav that to Close with timber more men I Cowld have and 
wel Imploy but I Rest thus Until I heare from you the Vines that 
were planted wil Com to little the '^sper not in the ground they wor 
set them that groo natural are Veri good of divers sortes I have sent 
you a noote of the beaver taken b)?^ me At Newichewanicke and how 
it hath gou from me George Vaghun hath a Note of all the trad 
goodes in my Custodi of the ould store John Raimons and George 
Vaghuns Acounted but the beaver beenige disposed of befoi'e I Could 
make the devident I Canot see but it must bee all on stocke and bee 
devided by you — the governer departed from the plantation the 15 
of July in the morning so for this time I end Comitting you to the 
^tection of the Almighty and ever Rest your loving servant 

Ambrose Gibbins 

[The words in brackets are missing in the original, and are supplied from State 
Papers, Vol. I, p. 8i. — Ed.] 



[Four Toums Laid Out, Aug. 13-W. 1633.] 

[Council Book 1, p. 24.] 

Whare as Cap" Walter Nele & Cap" Tho* Wiggin booth Agents or 
Governors one for the Pattentsof Laconiahand the Twenty Thousand 
Acres patten t at Randsvough on the South Side of Piscataway River 
or harbor And the other for the Pattent of hiltons poynt, They have- 
ing Receved orders from the said pattentes to Make a Divityon of 
those pattents into foure tounes w*"'^ accordingly they did It. and De- 
sired us the Subscribers advice therein. W'*^ wee did give them and 
ware present, at the d 'cing, there of, and there doeings therein is as 
folloeth it beinge a Copia of what they wToate hoome to the Pattentes 



MASONIAN PAPERS GENERAL. 53 

Mutch Ilotiered 

111 Obedents to your Com'ands have Survaied the River from the 
Mouth of tlie harbor to Squamscutt ft'alcs and liquiso from the harboi-s 
Moutli by the Sea side to the Massathusets Bounds and find that tlie 
Bounds of your Pattents will Not aford More then for two Tounes in 
the River of Piscataway and the remainder will make a Mother good 
Toune haveing mutch Salte Marsh in it, And because You would 
have foure Tonnes Named, as you I)(^sird, wee have Treated With a 
Gentleman who has Purchassed a Tiackt of land of the Indyans at 
Squamscutt ffales, and your land Runhig up to the said ffales on one 
Side of the River, & from the ffales about a mile Dounwords. said 
gentleman, haveing a mind to Said land on your side to a Certaine 
Crike and one Mile Bacward ffrom the River, w'"' wee agreed on, and 
the Crike is caled Weelerights, the gentlemans Name being Weele- 
right, and he was to name Said Plantatyon (^when Setled) Exeter, 
and the Other two Tounes in the River, the one North ham, and 
Portsmouth the Other Bounded as folloeth Viz*^ Portsmouth Runes 
from the harbors mouth by the Sea sid to The Enterance of a little 
River betwene two hed lands w''^' wee have give the Names of, the 
little Bores hed and the grete Bores hed, and ffrom the Mouth of that 
little River to go on a Straight line to the afore said Creeke which 
wee have Named Weelerights Creeke and ffrom thens Doun the River 
to the harbors Mouth Wher it began. And North ham Is the Bounds 
of all the land of hiltons poynt Side, And the other land ffrom the 
little River betwene the two Boores heds to Run by the Sea till it 
meets With the line betwene the Massatusets and you and So to Run 
from the Sea by Said Massatusets line in to the Woods Eight Miles 
and ffrom thence a Twart the Woods to meete w*^^ Portsmouth line 
nere Whelerights Creeke, And that Tracte of land to be Caled hamp- 
ton, so that there is ffoure Towns Named as you Desired, but Exeter 
is Not w"' in the Bounds of your Pattents. But the grete Dificulty 
is the Agrement about the Dividing line betwene the pattent of the 
Twenty Thousand Acres belonging to the Company of Laconyah, and 
the pattent of Bluddy poynt. the river Runing So Intrycate, And 
Bluddy poynt patten*^ bounds ffrom thence to Squamscutt ffales. And 
to Run three Miles into the Woods from the Watters side — Butt for 
your better Understanding thereof wee have sent you a Draft of it, 
according to our best Skill of what wee know of it at present, and 
have Drawn a Dividing line betwene the two pattents so that Ports- 
mouth is parte of booth pattents, and hampton Wee Ajipiehend will 
be holly in the Twenty Thouzand acre pattent. and Nortli ham is the 
bounds of hiltons jioynt patten If in what we have Don be to your 
likeinge wee Shall Thinke our time well spent, And What ffurther 



54 CHARTER RECORDS. 

Com'ands You will plese to lay on us, wee Shall redyly obaye to the 
Utmost of oui- power, wee humbly take leve and Subscribe our 
Selves 

Your Devoted and Most 

Homble Servants 

Walter Nele 
Thomas Wiggen 

North ham on Piscataway River in New England IB'*^ Augs* 1633 — 

Superscribed To John INlason Esq"" Governor of Portsmouth to be 
Comunicated to the Pattentes of Laconiah and hiltons poynt hombly 
present — In London 

Wee Under written Being of the Government of the Province of 
Maine doe Affirme that the above letter written & Sind by Walter 
Nele and Thomas Wiggin, and Directed to John Mason Esq^ Governor 
of Portsmouth to be Comunycated to the pattentes of Laconiah and 
Hiltons Poynt Is a Trew Copia Compared with the Origenall — 

And ffarther Wee Doe Affirme that there was ffoure Grete Guiies 
brought to piscatequa Which ware given by a March' of London for 
the Defence of the River, and at the Same time the Earle of War- 
wicke S"" Fhardenando Gorges Cap' Jn** Mason and the Rest of the 
patten Teies sent an Order to Cap" Walter Nele and Cap" Thomas 
Wiggin ther Agents and Governors at Piscattaway to make Choise 
of the most Convenint place in the Said River to make a ffortefeca- 
tyon for the Defence therof, and to Mount those ifoure Gunes given 
to the place Which accordingly was done, by Cap" Walter Nele and 
Cap" Thomas Wiggens and the Pattentes servants and a Draft was 
Sent to the place tliat they had made Choice of to the said Earle and 
Company and the Draft Did Containe all the Necks of Land in the 
North Este Side of the Grete Island that makes the Grete Harbor, 
and they gave it the Name of ffort poynt and alloted it so for bake 
in to the Hand about a bow shoat to a grete high Rocke Where on 
was Intended in time to Sett the Principal! fforte — That the above is 
all Truth wee affirme and by the Desier of Cap" Walter Nele and 
Cap" Tho* Wiggen wee have orderd This Wrighting to ly in our 
ffiles of Records, of there doinges therein ; In Witnes Where of wee 
have here Unto sett our hands and Seles at Gorgeana In Province of 
Maine In New-England 20'^ August 1633. 

Rith'^ Vines [seal] 

Henry Jocelyn : [seal] 



MASON IAN TArERS GENERAL. 55 

Agreement hetween John INIason for himself, and John Cotton, 
Henry Gardner, George Griflith, and Thomas Eyer, for Thomas 
Wannerton and EHe/er Eyer, for division of property, Dec. 6, 1633, 
State Papers, Vol. 17, p. 487. 



Allotment of Capt. Mason's part by the Council of New England, 
Feb. 3, 1(534, State Papers, Vol. 17, p. 488. 



\_Crorges and Mason to Wannerton and G-ibbons, May 5, 1634-^ 
[Council Book 1, p. 27.] 

M' Wannerton & m'' Gibbins 

These are to let you know that wee w"' the Consent of the rest of 
our partners have made a devision of all our Lands Lying on the 
northeast side of the harbor and River of Pascattaway of the quan- 
tities of wch Lands and bounds agreed uppon for every mans part 
we send you a Coppie of the draft, desiring your furtherence w"' the 
advice oi Cap' Norton & m"" Godfrey, To set out the lynes of divis- 
ion betwixt our lands, & the lands of our parners next adjoyning, 
because we have not onelie each of us shipped people present to plant 
uppon our owne lands at our owne charge but have given direction to 
invite & authoritie to receive such others as may be had to be Ten- 
ants to plant & live there for the more speedie peopling of the Coun- 
trie: And wheras there is belonging unto me S'^ fferdinando Gorges 
& unto Cap' Mason for himselfe & for m'^ John Cotton & his deceased 
brother m' William Cotton both whose interests Cap' Mason hath 
bought the one halfe of all matters mentioned in the Inventorie of 
householde stuffe & Implements left in trust w"' you by Cap' Neale 
wherunto you have subscribed yo'' names & wherof a Coppie is here- 
w"" sent, we desire you to cause an eqaall division as neere as possiblie 
maye to be made of all the saied matters menc'oned in the Liventory 
in ivinde or if some of them cannot be soe divided, then the on halfe 
to be made equal to the other in valew of all the said matters except 
the Cattell & suites of apparell & such other thinges as belong per- 
culiarly to Cap' Mason, And to diliver the said one halfe of all the 
saied matters soe to be divided unto m'' Henry Jocelyn for the use of 
our Plantations, Taking an Inventory therof under his hands of all 
you shall soe deliver hime & making Certificate to us therof And for 



56 CHARTER RECORDS. 

your soe doeing this shall be your suffitient warrant & discharge, And 
so 6 we rest 

Yo"" verie Lovinge ffreinds 

fferdin : Gorge 
John Mason 
Portsmouth maye 5'^ 1634. 



l^Capt. Mason to Ambrose Gibbons, May 5, 1634-^ 

[Council Book 1, p. 28.] 
[Mr. Gibbins: 

These people and provisions, which I have now sent w'^ Mr. Joce- 
lyne, are to sett upp two mills nppon my owne division of lands lately 
agreed upon betwixt our adventurers ; but I think not any of them 
will adventure this 3'eare to the plantation, besides Sir Ferdinando 
Gorges and rayselfe ; for which I am sorrye, in that so good a busi- 
ness (albeit hitherto it hath bene unprofitable), should be subject to 
fall to the ground; and therefore I have strayned myself to do this at 
this present, and could have wished that the rest would have joyned 
to have sent you some provisions for trade and support of the place ; 
but that failing, I have directed to you, as a token from myselfe, one 
hogshead of mault to make you some beare. The servants with you, 
and such others as remain upon the companies charge, are to be dis- 
charged and payed their wages out of the stocke of beaver in y"" 
hands, at the rate of 12 s (?) the pound, whereof I thiuke the com- 
pany will write you more at large : And we have agreed to divide all 
our moveables mentioned in the Inventory that Ca[)t. Neale brought 
home, w'*^ were left in trust w"' you and Mr. Wannerton. I bought 
Mr. Cotton's and his brother's parte of all their adventures, so that 
the halfe of all belongs to Sir Ferdinando Gorges and myselfe ; and 
of that halfe, three quarters] wilbe dewe to me and one quarter to 
S"" fferdinando ; These thinges being equally divided, they are to be 
delivered to M'' Joceline my three partes of the halfe and the other 
fourth to whom S"^ fferdinando shall appointe ; And yo"* must afford 
my people some houseroome in Newitchwannocke and the Cowes and 
goates w^"^ are all mine and 14 Swine w'^ their increase some ground 
to be uppon till wee have some place provided uppon my new divided 
lands, or that you Receive my further order a Copie of the division 
of the landes is herew'^'' sent unto yo". The stockinges and the Mault 
and Snites of cloathes and suggar and Raysinges and wine that was 
delivered by M"^ Bright and M"^ Lewes I have not received any satis- 



MASONIAN TAJ'EKS GENERAL. 57 

taction for; wherein I must crave yo' belpe and such satisfacc'on 
as may be sent by this shipp The Christall stoanes yo" sent are of 
little or no valew, unless tiiey were so threat to make drinking Cuppes 
or some other workes as pillers for faire lookeinge glasses or for gar- 
nishinge of richCabinetts good Iron or Lead oare I should like better 
of, if it could be found; I have disbursed a great deale of mony in 
yo'' plantac'on and never Received one penu}^, but hope if there were 
once a discoverie of the lakes that I should in some Reasonable time 
be reimbursed againe, [I pray you helpe the Mr. what you can to 
some of the best iron stoaue for ballast, and in case he want other 
laddinge, to fill the shipp upp w"' stocks of cypress wood and ciedar. 
Let me here from you of all matters necessary, and wherein 1 maye 
doe you any pleasure, I shall be reddie. And so w"' my heartie com- 
mendacons, I rest 

Yo"" verie loving friend 

John Mason. 
Portsmouth May 5, 1634.] 

[That part of the foregoing which is included in brackets is missing in the origi- 
nal, and the text is supplied from Dr. Bouton's copy in Vol. I of this series, p. 
8g. Ed.] 



l^Grihbons to 3Iason, Aug. 6, 16o4-^ 
[Council Book 1, p. 29.] 

Yo"" Wor*'''' have donne well in setting forward your Plantacon, & 
for your ^Slilles they will '^ve benificiall unto you, by gods assist- 
ance. I would you had taken this coorse sooner, for the Marchants I 
shall be very Cautylouse, how I deale w"^ any of them while I live, 
but Gods will be donne, I & the world doth Judge, that I could not 
in these my dayes have spent my time for noethinge, for there send- 
ing trade & support I desire it not, 1 have supported but now sonke 
under my burthen, the more I thinke on this, the more is my greife, 
I have rec'' the hog*^' of mault that you sent me giveing you humble 
thankes for the same, The servants that were w'*" me are discharged 
& payd there wages for the yeare past, & 1 have deliv''ed unto m'' 
Wannerton, 43" of beaver to pa}' those that were w'" hirae for the 
yeare past, for the paying of the servants there old wages, or the de- 
viding of the goods, I expect agenerall letter, if not then to heare 
further from your wor^*"'^* Yo"^ CarpentersJ(|ce w"^ me & I will further 
them the best I can. Cap' Neale appoynft^'. me two of your goates to 
keepe at his departinge, I praise God they are 4 : of the goods that 



58 CHAKTEE, RECORDS. 

m"^ Bright left, I onely rec"* of Cap* Neale 4 bush"® of mault, & at sev' 
all times 8 gallons of sack, & from m"" VVanuerton, 7 bush"^ & 1 peck 
of mault, 5 lb & i of suger, & 3 p of Children stockings, & 97 lb of 
beefe w'^^'' was of an old Cow, that m"" Wannerton kild, being doubt- 
full that shee would not live all the winter, for these I will pay m"^ 
Jocelin for you, I '^ceive you have agreat mynd to the Lakes, & I as 
great avvill to assist you, if I had 2 horses, & 3 men w"' me, I would 
by Gods helpe soone resolve you of the Cituacon of it, but not to live 
there my selfe. The Pide Cow arriv'd the 8*'' of Julie, the 13**" day 
she cast anker some halfe amile from the ffale, the 18**^ day the shippe 
unladen, the 19^^ fell downe the River, the 22"' day the Carpenters 
began about the mill, the 5'^ of August the Iron stone taken in the 
shippe, there is of 3 soarts, on sort that the myne doth cast forth as 
the tree doth gu"' w"** is sent in arundit, on of the other soarts we 
take to be very rich there is great stoare of it for the other I know 
not, but may it please you to take notice of the waight & measure of 
every sort before it goeth into the furnace, & w' the stone of such 
waight & measure will yeeld in Iron, This that we take to be the 
best stone is 1 mile to the southw;ird of the great house it is some 
200 rodd in length & 6 foote wide the depth we know not, for want 
of Tooles for that purpose, we tooke onely the surface of the mine. / . 
I have paled in apeice of ground & [jlanted. it if it please (xod to 
send us adrie time, I hope there will be 8 or 10 quarters of Corne, 
you have heare at the great house, 9 Cowes 1 Bull, 4 calves, of the 
last yeare, & 9 of this yeare the prove very well, farre better then ever 
was expected, they are as good as your ordinarj^ Cattle in England, & 
they goates prove some of them very well, both for milke & breed, if 
you did send ashippe for the westerne Hands of 6 scoare tunne or 
there abouts for Cowes & goates, it would be profitable for you, a 
stocke of Iron worke to put away with your boardes from the mill, 
willbe good, Nayles, spikes, lockes, hinges, Iron worke for boates, & 
pinaces, Twine Canvis needles & Cordadge pitch & Tarre, graples, 
ankors & nessessaries for that purpose./. S"" I have written unto m"* 
John Round to repaire unto j^our wor*"'' he is a silver smith by his 
Trade, but hath spent much time, & meanes about Iron may it please 
you to send for hime, he dwelleth in mogall street, if you are ac- 
quainted w"* any finer or inettle man enquire of hime & as you see 
cause send for hime he is well scene in all myneralls, if you deale not 
w''^ hime, he will give agood light for your '^ceedings. The 6"' of Au- 
gust the shippe Ready to set sayle for Saco to load cloave boards & 
pipe staves, A good husband w*'' his wife to tend the Cattle, & to 
make butter & cheese, will be profitable, for maides they are soone 
goune in this Countrie, for the rest I hope m'^ Jocelyn for your owne 



MASONIAM PAPERS GENERAL. 59 

^ticulers will sattisfie you, for I have not power to examen it, This 
w"' my humble service to your wors'' I rest 

Yo"" ever lovinge servant 

Ambrose Gibbins 
Newitchawanock the 6'*" of An^ust 1634./ 



{^George Vaughan to Ambrose Cribbons, Aug. W, 1634'^ 

[Council Book 1, p. 31.] 

Boston Aug''' 20"^ 1634 
M'' Gibbens 

Wee Only Waite for a faire Wind. I shall Acquaint m' Mason and 
y® Yest of the owners, ffuUy of what you and I have formerly Dis- 
corst and if they give mee Incoradgment hope Shall see you Againe 
The next yere ; Looking over My Papers found the Inclosed* it be- 
iug the Divityon of the Tounes and the Coppia of Wat Cap* Nele and 
Cap" Wiggens Wroat Hoome to The Pattentes of Laconiah and Hil- 
tons Po3nit, It may be of som Use to You hereafter, therefore send it 
you Leste Cap" Wiggeus Should make a nother Bluster, W"^ w'^*' my 
kind Love, to 3'ou and your Spouse And Little Bert I Am 

Your Assure'' ffrend 

George Vaughan 
*See foot-note, State Papers, Vol. 1, p. 95. 



[Lease of Neiv Hampshire to Jolin WoUaston, April 18, 1635.'] 

[Archives of England, Colonial Entry Book, Vol. 59, folio 123.] 

Grant of the Province of New Hampshire to John Wollaston Esq 
An' 1635 / 

This Indenture made y** Eighteenth day of Aprill in y« Eleaventh 
yeare of y" raigne of our Soveraigne Lord Charles by y® Grace of 
God King of England Scottland ffranco & Ireland Defender of the 
ffaith &c Between y'" Councill established at Plymoth in y*" County 
of Devon for y*" planting ruleing ordering & governing of New Eng- 
land in America of y*^ one part & John Wollaston cittizen & Gold- 
Smith of London of y'' other ])art wittnesseth y' whereas our late 
Soveraigne Lord King James of blessed memory by his highness Let- 
ters pattents under y" great Scale of England beareing date at West- 



60 CHARTEU RECOKDS. 

minster y® third day of Novemb"^ in y® Eight year of his highness 
Jlaigne over y® Reahiie of England for y*^ considerac'on in y® s*^ letters 
patents expressed hath absolutly given granted & confirmed unto y^ 
s'' Councill & thier Successors for ever All y*" land of New England 
in America lying & being in breadth from fourty degrees of North- 
erly latitude from y'' Equinoctiall line to fourty eight degrees of y^ s** 
Northerly Latytude inclusively & in length of & \v*^in all y^ breadth 
afores'' from Sea to Sea together alsoe w"^ all y*^ firme lands soyles 
grounds havens, ports, rivers waters fishings mines mineralls as well 
Royall mines of Gold & Silver as other mines & mineralls pretious 
Stones quarryes & all & singular other Comodityes Jurisdic'ons Roy- 
altyes priviledges ffranchises & preheminences both w"'in y^ s*^ tract 
of laud upon y^ niaine & alsoe w"'iu y" Islands adjoyning as by y^ s** 
letters pattents amongst divers other things therein contained more 
at large it doth & may appeare Now this Indenture further wittness- 
eth y' y" s'^ Councill in performance of an agreem'' by & between 
them made & enacted y® third day of ffebruary last past before y** 
date of these p'nts & also for diverse other good causes & considera- 
c'ons them y'' s'^ Councill hereunto especially moveing have demised 
granted & to farme letten & by these p'nts doe demise grant & to 
farme lett unto y'' s*^ John Woollaston his Executors & assignes all 
y' part purpart & porc'on of y^ Maine Land in New England afores'^ 
being from y^ middle part of Naumkeck river & from thence to pro- 
ceed Eastwards along y'' Sea Coast to Cape Anne & round about y® 
same to Passcattaway harbour & soe forwards up w"^in y** river of 
Newichewanock & to y*' furthest head of y*' s'' River & from thence 
northwestward till Six miles be finished from y*^ first enterance of 
Passcattaway harbour & also from Naumkeck through y*^ river ther- 
of up into y® land west Sixty miles from w^^ period to crose overland 
to y® Sixty miles end accompted from Passcattawy though Newiche- 
wanock to y® land north westward afores'^ & alsoe all y' y*^ South half 
of y** Isles of Shoulds togethei- w'^ all other Islands & Isletts as well 
imbayed as w"'in five leagues distance from y^ premises or abutting 
upon y^ same or any part thereof not otherwise granted to any by 
speciall name and together alsoe w**^ all y® woods & underwoods & 
trees now standing growing & being or w'^^ may stand growe to be 
upon y* s'^ demised premises or any part or pacell thereof w''^' porc'on 
of land and premises are from hence forth to be called by y" name of 
New Hampshire And alsoe y*^ s*^* Councill for y^ considerac'ons afores*^ 
have demised granted & to farme letten & by these p'nts doe demise 
grant & to farme lett unto y® s'^ John Wallaston his Executors &, as- 
signes All y*^ other parcell of lands woods & wood grounds lying on 
y" South east part of y*' river of Sagadahock in y*' North east part of 



MASONIAN TAPERS GENERAL. 61 

New Enghiiul afors'' att y'' month & entrance the'iof conteining & to 
containe tenn Thousand Acres together alsoe \v"' all y'^ woods under 
woods & trees of y^ same other [)arcell of land & wood ground shall 
from hence forth be called by y^ name of Masonia x\nd asoe y'' s'* 
Councill for y^ considerac'ons afores'^ have demised granted & to 
farme letten & by these p'nts doe demise grant & to farme lett unto 
y" s'* John Wollaston his execto''^ & assignes together w"' all y® s"' 
lands c^' Islands and premises all y'' soyles grounds havens ports riv- 
ers waiters liHshings mines eV mineralls as well Royall mines of Gold 
& Silver as other mines mineralls pretious Stones quarreys & all & 
Singular other Com'odityes Jurisdicc'ons royalltyes priviledges ffran- 
chises & preheminences both w^'in y** s'^ tracts of land upon y** Maine 
& alsoe w"'in y'' s^ Islands or any of y" s** demised premises and to- 
gether alsoe w"' all rents reserved upon y'' premises or y*^ any part or 
parcell thereof perquisitts & profitts of Courts Deodands waives & 
straies goods of felons & fugitives escheats & all other casuall profitts- 
w' soever ariseing or w^'' may hereafter arise out of y^ s^ Demised 
premises or out of any part or parcell therof Saveing excepting & 
reserveing only out of this p'nte demised or granted y'^ fifth part of 
all y® Gold & Silver oare due to his Ma"'' his heires & Successors & 
in & by y'^ s'' Recited letters pattents recovered To have hold & enjoy 
all & singular y*^ s'^ lands Islands & all other the s'' demised premises 
w'^ their & every of their appurtences unto y* s'' John Wollaston his 
executors & assigness from y** dnj of y^ date heerof unto y® full end 
& terme of three Thousand Yeares from thence foith next & imedi- 
atly ensuing & fidly to compleate & ended w"'out impeachment of 
any maner of wast & also witli full Power to doe & comitt of man'er 
of wast either in y'' selling felling or cutting of any timber trees 
woods & underwoods or in y® new opening of any mines of Gold or 
Silver or any other Mines w*soever & alsoe w'^ full power licence & 
authority to sell fill cutt downe carrey & dispose of to his & their 
owne proper use & behoofe att his & their free will e't pleasure all & 
singular y*" s'' woods & underwoods & trees & alsoe to digge & car'y 
away or other wise dispose of all or any y* soyle mines pretious 
Stones & quarreys & to convert & imploy or other wise enjoy y® same 
as fully fi'eely & in as large ample benetioiall man'er to all intents & 
purposes as they y'' s*^ Councill or any of them by vertue of y" s*' re- 
citted letters pattents may might or ought to have hold & enjoy y*' 
same Ycelding & paying therfore yearly dureing y'' s'* terme one 
peper Corne to be lawfully demanded In wittness wherof to y'' one 
part of this p'nte Indenture remaining in y* hands of y"" s'^ John Wol- 
laston they y'^ s'' CoMucill have fixed their Com'on scale to y^ other 
part of this p'nte Indenture remaining in y'^ hands of y^ s'^ Councill 



62 CHARTER RECORDS. 

y^ s^ John WoUaston hath sett his hand & Seale dated y® day & yeare 
first above written Annoque Dom' 1685 



[(7r«w^ of New Hampshire and Masonia, April 22^ 1635.'\ 
[Archives of England, Colonial Entry Book 59, folio 131.] 

Grant of the Province of New Hampshire to ]\P Masen 22 Apr: 
1635 by the Name of New Hampshr 

This Indenture made the two and twentieth Day of Aprill in the 
11'^ yeare of the Reigne of Our Soveraigue Lord Charles by y^ Grace 
of God King of England, Scotland, ffrauce, & Ireland Defender of the 
ffaith &c^ Between the Councill Established at Plymouth in the Coun- 
ty of Devon for the planting ordering ruling & Governing of New Eng- 
land in America of y*" one part and Cap* John Mason Esquire of the 
other part Witnesseth that whereas our late Soveraigne Lord King 
James of Blessed Memory by his Highnes Lettei's Pattents under the 
great Seale of England bearing date at Westminster the o^ day of 
November in the IS'^^ yeare of his highnesse Reigne over the Realme 
of England for the cousiderac'ons in the Same Letters Pattents ex- 
pressed hath absolutely given granted and confirmed unto the Said 
Councill & their Successo" for ever all the Land of New England in 
America lying and being in breadth from 40 Degrees of Northerly 
latitude from y^ Equinoctiall Lyne to 48 Degrees of the Said North- 
erly Latitude inclusively, & in length of &:, w'^in all y^ breadth afore- 
said throughout y® Maine Land from Sea to Sea togeather alsoe with 
all the firme Lands Soyles, grounds havens Ports rivers waters fiish- 
ings. Mines, & mineralls as well Royall Mines of Gold & Silver as 
other Mines & Mineralls, pretious. Stones, quarries and all and Sin- 
gular other Comodityes Jurisdictons Royaltyes Priviledges ffranchises 
& p'"eminences both within the Said Tract of Land upon the Maine 
and also w'^^in the Islands & Seas adjoyning as by the Said Letters 
Pattents amongst divers other things therein contained more at large 
it doth & may appeare Now this Indenture further Witnesseth that 
y® Said Councill in "^formance of an agreement made b}^ & between 
themselves & enacted the third day of fi'ebruar}'^ last past before the 
Date of these p''sents for a Competent Sume of Money, & alsoe for 
divers other good causes & considerac'ons them y'^ Said Councill 
hereunto especially raoveing have given granted bargained Sold en- 
feoffed & confirmed and by these p''sents doe give grant bargaine Sell 
enfeoffe and confirme unto the Said Captain John Mason his heires 
and assignes all that part purpart »fe porc'on of y^ Maine land of New 



MASONTAN PAPERS GENERAL. 63 

Englantl aforesaid beginiiig from tlie middle ])ait of Naumkeck River 
& from thence to proceed Eastwards along the Sea Coast to Cape 
Anne and round about the Same to passcattaway Harbour and soe for- 
ward U}) within y'' River of Newichwanock and to y'' farthest head of 
the SaidRiver& from thence Northwestward till Sixty Miles be tinished 
from y^ first entrance of Passcattaway harbour & alsoe from Naumkek 
through the River thereof up into the land West Sixty Miles from 
which period to Crosse over Land to the Sixty Miles end accounted 
from Passcattaway through Newichwanock River to the Land North- 
westward aforesaid & also all that the South half of the Isles of 
Shoulds together w"" all other Islands, & Isletts as well imbaid as 
w^ithin 5 Leagues distance from the premisses & abuting upon the 
same or any part or parcell thereof not otherwise granted to any by 
Speciaall Name All which part & porc'on of Lands Islands and prem- 
ises are from henceforth to be called by the Name of Newhampshire 
& also the said Councill for y'^ considerac'on aforesaid have given 
granted bargained Sold enfeoffed & confirmed & by these p'nts doe 
give grant bargaine Sell enfeofie & coiifirme unto y^ s'^ John Mason 
his heires & assignes all that other parcell or porc'on of Lands woods 
& wood grounds Lying on y*^ South east part of the river of Sagada- 
hock in New England aforesaid at the mouth or entrance theieof con- 
taining & to containe there Ten Thousand Acres w''^ said other par- 
cell of Lands from henceforth is to be called by y*" name of Masonia. 
And moreover the Said Councill for y*" considerac'on aforesaid have 
given granted bargained Sold enfeoffed & confirmed & by these 
p'"sents doe give grant bargaine Sell enfeoffe & confirme unto y*" said 
Captaine John Mason his heires & assignes together w"' the said bar- 
gained p'"mises all y® fiime Lands Soyles Grounds havens Ports, 
Rivers waters ffishings Mines and Mineralls as well Royall Mines of 
Gold & Silver as other Mines & Mineralls pretious Stones quaryes & 
all & Singular other Com'odityes Jurisdictions Royaltyes priviledges 
ffranchises & preheminences both w"'in the Said Tracts of Lands 
upon the Maine and alsoe with y'" Islands & Seas adjoyning Saving 
excepting and reserving out of this p^'sent Grant only y' fifth part of 
all y* Oare of Gold and Silver due to his Ma*-'' his heires and Succes- 
sors and in & by y* said recited Letters Pattents reserved To have & 
to hold all Those the said severall parcells of Land and all other y^ 
said bargained premises w"' their and every of their api)urtenences 
Except before Excepted unto y* Said Cap' John Mason liis heires & 
assignes to y" only & proper use and behoofe of him y*" said Cap* 
John Mason his heires & assignes forever. And to bee Enjoyed as 
fully freely & in as Large ample and beneficiall Manner & forme to 
all Intents & purposes whatsoever as they the Said Councill & their 



64 CHARTER RECORDS. 

Successors by vertue of y' Said recited Letters Pattents may might 
or ouglit to have hold & enjo}' the same or any part or parcell thereof 
In \Yitues whereof to one part of this p^'sent Indenture remaing in 
y* hands of y^ said Cap*^ John Mason they y* Said Councill have 
affixed their com'on Seale to y*" other part of this p''sent Indenture 
remaining in y^ hands of y*^ Said Councill the Said Cap* John Mason 
hath Sett his hand and seale dated y^ Day & yeare first above written 
Annoq^ Dom' 1635 



[^Grant of Neiv Hampshire and 3Iasonia, April 22, 1635.] 
[Archives of England, Colonial Entry Book 59, folio 127.] 

Grant of the Province of New Hampshire to M'' Mason 22 April! 
1635 by the name of Masonia/ 

To ALL Christian people unto whome these p'nts shall come The 
Councill for y^ affaires of Ne^v England in America send greeting in 
our Lord God ever lasting Wereas our late Soveraigne Lord King 
James of blessed memory by his Highness L'ers pattents under y*' 
great seal of England beareing date at Westminster y* third day of 
Novemb"" in y'' Eighteenth year of his Ilaigne over his Hihgness 
Realme of England for y*' Consideiac'ons in y^ s'^ L'ers pattents 
expressed and declared hath absoelutely given granted & confirmed 
unto y*' s'* Councill & their Successors for ever All y® land of New 
England in America lying & being in breadth from fourt}^ degrees of 
Northerly latitude from y* Equinoctiall line to fourty Eight Degrees 
of y^ s'* Northerly latitude inclusively &; in length of & w"'in all y® 
breadth afores'* from Sea to Sea together alsoe w"^ all y*^ fii'me lands 
soyles ground havens ports rivers waters ffishings mines & Mineralls 
as well Royal mines of Gold and Silver as other mines minerals pre- 
tious stones quarreys & all & singular other comodityes Jurisdicc'ons 
Royaltys & priviledges ffranchises & preheminences both w^^'in y^ 
s'' tract of land upon y*" maine & alsoe w"'in y* Islands and seas 
adjoyning as by y** s'^ L'ers pattents amonst diverse other things 
therein contained more at large it doth & may appeare now knows 
all men by these p'nts y' y® s'^ Councill of New England in America 
being assembled in publique Court according to an act made & 
agreed upon y*^ third day of ffeb'^^ last past before y^ date of these 
p'nts for divers good causes & considerac'ons them therunto espec- 
ially moveing haveing granted aliened bargained & sonld & in & by 
these p'nts doe for them & their successors give grant alien bargain 
sell & confirme unto Cap* Jo" Mason Esq'' his heires & assigness All 



MASONIAN PAPERS GENERAL. 65 

y* part of y^ maine land of New Englaiid afores'' being from y® mid- 
dle part of Naimikeck river & from thence to proceed East wards 
along y"" sea Coast to Cape Anne & round about y® same to pass- 
eattaway liarbonr & soe forwards up w"'in y'' river of Newicke- 
wanock & to y"^ farthest head of y* said river and from thence North- 
Avards till six miles be finshed from y^ first entrance of passcattaway 
harbour & asoe from Naumkeck through y" river thereof up into y" 
land west Sixty miles from w''' period to crose over land to y" sixty 
miles end accounted from passcattaway through Newickewanock 
river to y* land north west afores'' & alsoe all y' y" south half of y« 
Isles of Sholds all w''' lands w"' y* consent of y" Councill shall from 
henceforth be called New Hampshire & alsoe tenn thousand acres 
more of land in New England afores'' on y' south east part of Saga- 
hahock at y'' mouth & enterance thereof from henceforth to be called 
by y"" name of Masonia together w"' all & singular havens Harbours 
creekes & Islands imbaid & all Islands & Isletts lying w"4n five 
leagues distance of y^ maine land opposit & abutting upon y^ premi- 
ses or any part thereof not formerly lawfully granted to anj'- by 
speciall name and all mines mineralls quarreys soyles & woods 
marshes rivers waters lakes fishings hawking hunting & fowling & all 
other Royaltyes Jurisdicc'ons priviledes preheminence proffitts com'- 
odityes & hereditaments w'soever w*^*" all & singular their & every of 
their appui'tences & together alsoe w*^^* all rents reserved & y^ benefitt 
of all profitts due to y* s"^ Councill & their successors w^ y*^ power of 
Judicature in all causes & matters w'soever as well criminall capitall 
& civill ariseing or w''^ may hereafter arise w"'in y® limits bounds 
& percincts aforesaid to be exercised & execnted according to y^ 
laws of England as near as can be by y** s'^ Cap' John Mason his 
heires & assignes or his or their Deputies Lieutenants Judges Stew- 
ards or officeis thereunto by him or them assigned deputed or 
appointed from time to time w"' all other priviledges fi'ranchises lib- 
erties imunityes escheats & casiialtyes thereof arising or w'^ shall or 
may hereafter arise w'^in y'' said limitts & precincts w"' all y* interest 
right title claime & demand w^soever w*^^'' y* s^ Councill & their Suc- 
cessors now of right have or ought to have or claime or may have or 
aquire heerafter in or to y^ s'' porc'ons of lands Islands or any of y* 
premises & in as free large ample & beneficiall man'cr to all intents 
construcc'ons & purposes w'soever as y'' s'^ Councill by vertue of his 
Maj*^ s*' letters pattents may or can grant y*' same saveing & allawyes 
reserving unto y' s*^ Councill & their Successors power to receive 
heare & determine & singular ap})eal and appeales of every person 
& persons w'soever dwelling or inhabiting w^'in y*' s'' territor3'es & 
5 



66 CHARTER RECORDS. 

Islands or any part thereof soe granted as afores*^ of & from all 
Judgem'^ & sentences wlsoever given w"'in y*" s^' lands & territoryes 
afores*^ To have & to hold all & singular y® lands & premises above 
by these p'nts granted except before excepted w"'a]l & all man'er of 
proffits comodityes and hereditam'^ w' soever w*4n y*' lands & pre- 
cincts afores''orto y" s** lands Islands & premises or any part of them 
in any wise belonging or appertaining unto y*^ s'^ Cap* J° Mason his 
heires & assigness for ever To y® only proper use & behoofe of him 
y^ s'' Cap* J° Mason his heires & assignes for ever To be holden of y** 
s*^ Councill & their successors of Gladium cora'itatus y* is to say by 
finding four able men coveniently armed & arraied for y® warr to 
attend upon y^ Governo'' of New England for y*^ publique Service 
w'^in fourteen dayes after warning given yeelding & paying unto y** 
s*^ Councill & their successors for ever one fifth of all y*' oar of 
y® mines of Gold & Silver w*^*^ shalbe had possessed or obteined 
w*Hn y® limitts or percincts afores** for all rents services dutys & 
demands w*soever due unto y^ s'^ Councill & their Successors from 
any plantation w'^in the precincts afores'' y'' same to be delivered 
unto his Ma*^ Receiver his deputie or deputies assigned for y'' receipt 
thereof To y** use of his Ma"® his heires & Successors from time to 
time w"Un y*^ lands precincts & territoryes of New England afores*^ 
And last y* s^ Councill have deputed authorized & appointed & in 
their place & stead have putt Henry Joseline Esq"" & Ambrose Gib- 
bins gent or either of them to be their true & lawfull Attorney & 
attorneys for them & in their name & stead to enter into y'' s*^ lands 
& other y* premises w"' their appurtences or into any part thereof in 
y* name of y'^ whole & to take quiet & peacable possession & sez- 
ing thereof and after such possession & sezing soe had & taken as 
afores'^ then to deliver y® same unto y" s-i Cap* Jo" Mason his heires or 
assignes or to his or their certaine attorney or attornies to be by him 
or them deputed on y'^ behalfe according to y" purport true intent and 
meaning of these p'nts In wittness wherof they y® s'^ Councill have 
heerunto affixed their com'on seale dated y'' two & twenteth day of 
Aprillin y^ Eleaventh year of his Raigne of Soveraigne Lord Charles 
by y^ grace of God King of England Scotland ffrance & Ireland 
Defender of y'' faith &'■ Anno Dom' 1635. 



[^Transfer from WoUaston to Mason^ June 11^ 1635.'] 

[Archives of England, Colonial Entry Book, Vol. 59, p. 137.] 

Grant of the Province of New Hampshire from M"" Wollaston to 
M' Mason 11"' June 1635 



MASONIAN PATERS GENERAL. 67 

This Indenture Made the 11"' day of June in the 11"' yeare of y« 
Kaigne of our Soveraign Lord Charles by the grace of God King of 
Enghind Scothind ffrauce & Irehmd Defender of y* fTaith &c^ 
Between John Wolaston Citizen & Gohlsmith of Lonclon of the one 
part anil Cap' John Mason Esq'' of the other part Witnesseth that 
whereas y" Councill of New Enghuid by their Indenture under their 
Coni'on Seale bearing date the 18"' day of Aprill last past before the 
Date hereof made between y* said Councill by y* Name of y* Coun- 
cill Established at Plymouth in y* County of I)evon for y^ planting 
ordering ruling & Governing of New England in America of y' one 
part & y" Said John WoUaston by the name of John Wollaston Citti- 
zen & Goldsmith of London of the other part for the Considerac'ons 
in the same Lidenture contained have demised granted and to P^arme 
Letten unto the Said John Wollaston his Executors and Assignes, All 
that part purj)ort and ]>orc'on of the Maine Land of New England 
aforesaid begining from the Middle })art of Naumkeck River and from 
thence to proceed Eastwards along the Sea Coast to Cape Anne and 
round about the Same to Passcattaway Harbour and alsoe from 
Naumkeck through the River thereof upp into the Land West Sixty 
Miles from w''' period to Cross over Land to the Sixty Miles end 
accounted from Passcattaway through Newichewanock river to the 
Land Northwestwards aforesaid and alsoe all that the South half of 
the Isles of Shoalds togeather with all other Islands & Isletts as well 
imbaied as within ffive Leagues distance from the p'"mises and abut- 
ting upon the Same or any part or parcell thereof not otiierwise 
granted to any by Speciall Name, And togeather also with all woods 
underwoods and trees now Standing, growing & being, or w'"' here- 
after Shall or may stand grow or bee in and upon the Said Porc'ons 
of Lands & other the Premises All w''' part & porc'ons of Lands 
Islands and premises are from thence forth to be called by the name 
of Newhampshire. And whereas alsoe the Said Councill for the con- 
siderac'ons afoiesaid have demised granted & to farme Letten unto 
the said John Wollaston his Exec*'^ and Assignes all that other parcell 
or porc'on of Lands woods & wood grounds lying on the Southeast 
part of the River of Sagadahock in New England aforesaid at the 
mouth or entrance thereof containing & to containe there Ten Thou- 
sand Acres togeather alsoe with all the woods underwoods & trees of 
the same w'*' said other parcell of Lands from thenceforth is to be 
called by the Name of Masonia. And Whereas moreover the Said 
Councill for the Considerac'ons aforesaid have demised granted & 
to Earme letten unto the Said John Wollaston his Executors and 
Assignes together with the Said Lands Islands and premises all the 
Soyles, grounds, havens, Ports, Rivers waters, ffishings. Mines, & Min- 



68 CHARTER RECORDS. 

eralls as well Royall Mines of Gold and Silver as other Mines & 
Mineralls pretious Stones Quarries and all and Singular other Comodi- 
tyes, Jurisdictions Royaltyes priviledges ffranchises and preherain- 
ences both within the said Tracts of Land upon the niaine, & alsoe 
within the Said Islands or any the Said demised premises. And also 
all rents reserved upon the premises or any part or Parcell thereof 
perquisitts & profitts of Courts Deodands waives & strayes goods of 
tfelons & ffugitives escheats & all other casuall proffitts whatsoever 
arising or which may hereafter arise out of the Said Demised premi- 
ses or out of any part or parcell thereof under Such reservacons as 
in the Said Lease are excepted & reserved To have & to hold eV: enjoy 
all & Singular the Said Lands Islands and all other the Said Demised 
premises with their & every of their appurten'ces unto the Said John 
Wollaston his Execuf* and assignes from the Day of the Date of the 
Said Indenture of Demise unto the full end & demise of three thou- 
sand yeares from thenceforth next & imediatly ensuing & fully to 
bee compleated & ended without impeachment of any manner of 
wast for and under the yearly Rent of one pepper Corne payable if 
it be Lawfully Demanded as in & by the said Indenture of Demise 
more at large it doth & may appeare which said Indenture of Demise 
was made unto the said John Wollaston by & with the consent of 
the Said Cap' John Mason in trust only for the benefit & behoofe of 
him the said Cap' John Mason his Executors & Assignes, Now there- 
fore this Indenture further wittnesseth That the Said John Wollas- 
ton in "^formance of the Trust in him reposed & also for divers other 
good causes & considerac'ons him hereunto especially moving hath 
granted assigned lettover & confirmed & by these p'"sents doth grant 
assigne lett over & confirme unto y*^ s'^ Cap^ John Mason his Execu- 
rors & Assignes All that the Said part purport & porc'on of Lands 
called New Hampshire & all & Singular other the said Demised 
premises with their & every of their appurtanences in y* said Inden- 
ture contained Together with the said recited Indenture of Demise 
and all y^ right title Interest terme of yeares Claime & demand of 
him the Said John Wollaston of in & to y* Same or any part or par- 
cell thereof & all the benefitt proiBtt advantage & Commodity wliat- 
soever which shall or may bee had by the same. To have hold & 
Enjoye the Said part purpart & porc'on of Lands called New Hamp- 
shire & all & Singular other the Said premises with their & every of 
their appurten'ces and also all the right title and interest of the Said 
John Wollaston of in & to the same or any part or ])arcell thereof 
unto the said Cap' John Mason his Execut"^* and Assignes from the 
day of the Date of these pr^'sents for and During all y* residue of the 
Terme of Three thousand yeares yet to come an unexpired in y® 



MASONIAN I'Al'EKS GENERAL, 69 

same lor and under the reservae'ons of Rents in the said recited 
Indenture contained as fully freely & in as large ample & beneficiall 
Manner and forme to all intents & purposes whatsoever as he the said 
John Wollaston his Exeeut" and assignes or any of them may might 
or ought to have hold or enjoye the same by vertue of the recited 
Indenture of Demise or otherwise In witnes whereof the said partyes 
to these p''sent Indentures interchangeably have sett their hands & 
Scales the Day & yeare first above written./ 



\_Royal Charter to Mason, Ati<j. 19, IGoo.^ 

[From manuscript volume in possession of the Maine His. 
torical Society, pp. 37-45.] 
Charles by the Grace of God King of England Scotland i^j^^fg-^ii car. 
ffrance & Ireland Defender of the iTaith &c. To all to 
whome these presents shall come Greeting Whereas our 
trusty and welbeloved Servant Captain John Mason 
Esq' Treasurer and Paymaster of Our Armies hath been 
an humble Suitor unto Us to grant and confirme unto him 
and his heyres a part and portion of the Country of 
America now commonly" called or known by the name of 
New England in America hereafter in these presents 
described and to be described by the Meetes and bounds 
thereof with diverse and Sundry privileges and Jurisdic- 
tions for the welfare of the State of those Colonies that 
are and shalbe drawne thither and for the better Govern- 
ment of the people that shall live and inhabit within the 
Limits and precincts thereof Which part or portion Wee 
have heretofore amongst other things for Us our heyres 
and Successors taken into Our actual and real possession 
and in default of Such actuall & reall possession formerly 
taken doe by these presents for Us our heyres and Succes- 
sors take the same into Our actuall and reall possession The King's 
Knowe yee that of Our speciall grace certain knowdedge 
and mere motion Wee have given granted and confirmed 
and by this Our present Charter for Us our heyres and 
Successors Wee doe ofive (jrant and confirme unto the said 
Captain John ^Nlason his heyres and Assignes All that part 
purport and portion of the Mainland of New England 
aforesaid begining from the midle part of Naumkeck 
River and from thence to proceed Eastward along the 



70 CHARTER RECORDS. 

Seacost to Cape Anne and round about the same to Pas- 
cataway liarbouv and soe forwards up within the River of 
Nowichewanock and to the furthest head of the said river 
and from thence Northwestwards till Sixty miles be 
finislied from the fFirst Entrance of Pascataway harbour 
And also from Naumkeck through the River thereof up 
into the Land West Sixty miles from which period to 
cross over land to the Sixty Miles End appointed from 
pascataway through Nowichowanock river to the Land 
Northwestwards aforesaid And also all that the South 
half of the Isles of Shoulds Together with all Islands and 
Islets as well iinbayed as adjoining lying or abutting upon 
or near the premises or any part or parcell thereof within 
five Leagues distance not otherwise lawfully granted to 
au}^ by Speciall name All which part purport and portion 
of Lands Islands and premises now are and from hence- 
forth shalbe called by the name of JVetoJimnp shire And 
also of Our especial grace certaine knowledge and mere 
motion Wee have given granted and confirmed and by this 
Our present Charter for L^s our heyres and Successors 
Wee doe give grant and confirme unto the said Captain 
John Mason his heyres and assigues All that other parcell 
or portion of Lands woods and Woodgrounds lying on the 
Southeast part of the River of Sagadahock in New Eng- 
land aforesaid at the mouth or entrance thereof containing 
there Tenn Thousand Acres which said other parcell of 
land now is and from henceforth shalbe called by the 
name of Masonia And also the Reversion and Reversions 
remainder and remainders of all and Singular the said 
lands Islands and premises dependant or expectant upon 
any estate or estates whatsoover upon record or not upon 
record be it for lease life or lives yeare or years ffee taile or 
ffee tailes or otherwise Together also with all the firme 
lands Soyles and grounds aswell under water as above 
water and dry all the Shoares Creeks havons harbours 
bayes ports rivers watei'S lakes Mines minerals and veynes 
of metall aswell Ro3'all of Gold and Silver as other be 
they Such mines minerals or veynes of metall as are close 
and hidden in the earth or openly seen in or upon the 
Earth (Saving only the ffifth part of all the oare of Gold 
The fflfth part and Silver to remain to Us Our heyres and Successors) 
of Gold' & All Quarries precious Stones pearls ambergris and all fish- 
fe^^ed!^ ^^' iiigs of whatkind or kinds of lifish soever aswell pearle 



MASONIAN PAPERS GENERAL. 71 

ffishing as others whether Koyall fiishes as Sturgeons 
Whales or any other ffish by whatsoever name or names 
they or any of them are or shalbe called or knowne And 
iill Such llish whatsoever by him tliem or any of them to 
be taken And all and Singular ])rofits benefits & commodi- 
ties whatsoever happening growing or arising or to be hap- 
pen grow or arise within or on the Said tracts of land upon 
the Mainland also within or on the said Islands or any of 
them and the Seas Islands waters lakes and rivers within 
the said tracts of land on the main or the Islands and Licence to 

, / « 1 1 11 i.1 found Chur- 

coasts of the same or any or them. /And also all tlie ches 
advorrsions and patronages of Churches whatsoever to be 
erected within the said tracts of the mainland or Islands 
or any of them with licence and liability there to build 
and found Churches Chappels and Oratories in places 
fitting and convenient and to dedicate or consecrate the 
same or cause the same to be dedicated or consecrated 
according: to the Ecclesiasticall lawes of this our RealmeAii regaii 

^ -11 1 1 1 1 -/in 1 1 ^ T • rights Krant- 

of England together also with all such and as ample Juris- ed with the 
dictions pro'ogatives Royall rights royalties privileges p'"'^™!-''^^ 
ffranchises preheminences liberties powers Exemptions 
and immunities temporalities and hereditaments aswell by 
Sea as land and aswell within the said tracts of land upon 
the main aswell within the said Islands or any of them 
and the coasts of or on the same or any part or parcell 
there of as now are or at any time heretofore have been 
had used or enjoyed or of right ought to be or to have 
been had used or enjoyed by the now or any former 
Bishop of Duresine within the Bishopwick of Duresine 
or the County Palatine of Duresine within Our Bealme 
of England or that Wee or any of Our Progenitors have 
heretofore granted or mentioned to be granted unto the 
now or late Company of Virginia or to the Governor & 
Company of Adventurers of the Citty of Westminster for 
plantation of the Isle of Providence Henrietta and the 
adjacent Islands Ij'ing on the coast of America or to any 
•other Company body politicque or corporate or to our 
right trusty and welbeloved Cecill Calvert Baron of Balti- 
more within our Realme of Ireland or any other Adven- 
turer or Adventurers planter or planters of the Somer 
Islands Amazones or of anj' discoveries plantations or 
traficques of in or into any forreigne parts whatsoever 
and in as large and ample manner as if the same had 



72 CHARTER RECORDS. 

herein been particularly mentioned and expressed although 
the same require otherwise more espeeiall words clauses & 
The Kin gexpressions And Wee doe for Us our Ileyres aiid Succes- 
patentee^aif. sors by thesc presents make create and constitute him the 
^°^^j^| Jj^°^*^ said Captain John Mason and his Heyres The true and 
ince absolute Lords and proprietors of the said portions or 

Tracts of Lands Islands and premises (except before 
excepted) Saving allwayes the Ifaith and Allegiance and 
The Haben- the Dominion directly due to Us our Heyres and Successors 
To have hold possess and enjoy the aforesaid parts purports 
and portions of Lands Islands and Islets and all and Singu- 
lar other the premises and also the reversion and rever- 
sions remainder and remainders thereof and of every part 
and parcell thereof dependant or expectant as aforesaid; 
unto the said Captain John Mason his hei/res and assu/nes 
for ever To the onely and proper use and behoof of him 
the said Captain Jolin Mason his heyres and assignes for 
ever To be holdeu of Us our Heyres and Successors Kings 
of England as of Our Castle of Windsor in our County of 
Berks in ffree and Common Soccage by fealty only for all 
manner of Services and not in Capite nor by Knights Ser- 
vice And also paying to Us our Heyres and Successors one 
Quarter of wheate after the measure in England called 
Winchester measure yearly upon the ffast day of Sainct 
Michaell the Archangell to the hands of the officer or offi- 
cers there in the parts of New England appointed for the 
receipt thereof And also the ffifth paxt of all the Oare of 
Gold and Silver which shall happen yearly to be found 
gotten or obtained within the limits of the piemises And 
that the sevearall parts and portions of lands & Islands 
soe described as aforesaid may be graced and dignified 
with Titles fitting Know 3'ee that of our more ample 
Grace certain knowledge and mere motion Wee have 
caused the said Severall portions and tracts of lands and 
also the said Islands to be reduced into a Province And 
that out of the fullness of our power and prerogative for 
Us our heyres and Successors Wee doe erect create and 
incorporate the same into a Province and doe hereby name 
both the said tracts of Land upon the Main and the said 
Islands by the (xenerall name of the Province of New 
The Name of Hampshire and doe also hereby name the said parcell of 
^''^ ^'■°''''''"' Land containing Ten n Thousand Acres by the particular 
name of Masonia within the province of New hampshire 



MASONIAN rATEUS GENERAL. 73 

and soe to be culled reputed and taken for ever hereafter 
And that all the said Severall parcels of Lands Islands and 
Islets shalhe lejuited and taken as piirts parcels or member 
of the said province of N«>whainpshire afoiesaid ilurther- 
more know yee therefore That for US our Ileyresand Suc-'^'J® J^^""^ °' 
cessors Wee doe give and grant full power by the honor of hath power 
those presents unto the said Captain John Mason (of Lawes with 
whose ffaith wisedome justice and provident circumspec- the^lree*- 
tion Wee are ver}^ confident) and to his heyres for the holders, 
good and happy government of the said province of New- 
hampshire to make what Lawes soever either pertaining to 
the publick state of the said province or to the private 
protitt of all the Inhabitants thereof according to his or 
their sound discretions by and with the consent and appro- 
bation of the ffreeholders of the same province or the 
major part of them or of their Legats or Deputies who 
Our will and pleasure is shalbe called together by the said 
Captain John Mason and his Heyres or his or their Deputy 
or Deputies for the making of the said lawes when and 
as often as need shall require and in the forme which to 
him and them shall seem best And to publish or proclaim The Lawes to 
the same under the Seal of the said Captain John Mason el undert™e 
and his Heyres And Wee doe also give to him and them |or|j °Jf l^l 
all manner of full power and authority duly to Execute province, 
the same U{)on all men within the said province and the 
limits of the same for the time being or under his or their 
Regiment and power either sailing towards it from Eng- 
land or from it towards England or to or from any other 
our Dominions or the Dominions of any Strangers what- 
soever by imposition of mulcts imprisonment or any other 
coercion And if need be and that the quality of the 
offence require it by deprivation of life or member by him 
the aforesaid Captain John Mason and his Heyies or by 
his or their Deputies Leiutenants and Judges Justices 
Magistrates Officers and Ministers according to the true 
intent and meaning of these presents to be appointed and 
made And also ])ower and authority to constitute apj)oint power to ap- 
and ordain by Sea and Laud ariy Judges Justices Magis- es*°&e." ^ 
trates and officers whatsoever and for what cause soever 
and with whatsoever power and in the forme which to the 
aforesaid Captain John Mason or his Heyres shall Seem 
best and to remitt release pardon and abolish any crimes 
or offences whatsoever committed within the limits of the 



74 CHARTED RECORDS. 

said province either before Jucloement given or after 
Judgement received, and to doe all other things pertain- 
ing to or which shall or may concerne the accomplishment 
or execution of Justice. And also power to make and 
appoint Courts of pretorian and tribunal and the formes 
of Judgements and manner of proceedings thereunto be- 
longing although of them in these presents there be no 
express mention And also power to proceed upon hold and 
determine pleas in those Courts pretorian and tribunal in 
any actions Suites causes and matters whatsoever aswell 
criminall as civill personal real and misct and pretorian by 
the Judges by them to be chosen Which lawes soe as afoi-e- 
said to be published or proclaimed. Our will and pleas- 
ure is and Wee doe enjoine charge and command that in 
the most absolute fforme of Law that may be indea^oured 
the same maj^ be kept and inviolably observed in these 
parts of all men Our Subjects and leige people and Sub- 
jects and Leige people of Our heyres and Successors as 
farre forth as they shall concerne them. And that also 
under the paines in the same expressed and to be expressed 
Soe as that the foresaid Lawes be consonant to reason and 
The Lawes not repugnant or contrary (but as farr forth as conven- 
agre^bie toie»tly may) be agreable to the Lawes Statuts Customes 
•of^Enghmd/'^"^^ Ordinances of this Our Realme of England And 
because in the Government of soe great a province Sud- 
dain chances and occasions may happen unto which there 
wilbe a necessity of applying remedy before the iTree- 
holders of the said province or their legates or Deputies 
can be called together to the making of Lawes Neither 
"will it be fitting continually in like cases arising to call 
together soe much people Therefore for the better Gov- 
ernment of the said province Wee will and ordain by 
these presents for Us our heyres and Successors Wee doe 
grant unto the aforesaid Captain John Mason and his 
heyres that he the said Now Captain John Mason and his 
Heyres by himself or by his or their Magistrates and offi- 
cers in that behalf duly as aforesaid to be a]ipointed shall 
and may make ordain and constitute ordinances fitting 
and wholsome from time to time within the said province 
to be kept and observed aswell for the preservation of the 
peace as for the better Government of the people there 
abiding and shall publickly notify the same unto all per- 
sons wdiom it doth or may any way es concerne Which ordi- 



MASONIAN PAPERS GENERAL. 75 

uances within the said province Our will is shalbe inviola- 
bly obseived under the pains therin expressed Soe as the 
same ordinances be agreable unto reason and not repug- 
nant or contrary but (as far forth as conveinently they 
may) be agreable to the Lawes Statuts and Ordinances 
of our Realme of England and soe as the same ordinances 
«xtend not themselves unto the right and interest of any 
person or persons for or in his life member or freehold 
goods or chattels to be disstrained constrained restrained 
bound charged or taken away in any manner And Wee are 
graciously pleased and for Us our Heyres and Successoi's 
Wee doe publish and declare grant and agree to and with 
the said Captain John Mason and his Heyres for all times 
hereafter and for all causes That Wee our heyres and Suc- 
■cessors will not make ordain nor ap])oint or otherwise (then 
as aforesaid) suffer or assent unto any Lawes or ordinances 
to be made ordained or appointed within or for the said 
province of Newhampshire nor suffer any Generall Gov- 
ernor by Us to be constituted to doe any Act by colour of 
any Commission to him granted or to have any power or 
authority thereby to doe any thing which shall extend unto 
the right or interest of any person or persons w^ithin the 
said province for or in his or their life or lifes member or 
members lands or tenements goods or chattels whatsoever 
.to be distrained constrained restrained bound charged or 
taken away And also that the said Governor from time The power of 
to time to be constituted shall not have any power to Gove^lfor 
extend his authorit}^ in au}^ wise to hinder the due Execu- p^^/ncg '^^ 
lion of any the Lawes which shalbe made from time to 
time within the said Province of Newhampshire according 
to the true intent and meaning of this Our present Char- 
ter And that all lawes or ordinances to be made contrary 
to the effect intent and true meaning of these presents 
shalbe void and shalbe holden for none Nevertheless our 
will and pleasure is that it shalbe lawful by the tenor of 
these presents to and for all tlie people there abiding and Liberty to aii 
inhabiting from tnne to time to apply tliemselves unto peai to the 
Such a Generall Governor as from time to time shalbe erlfon ^°^' 
constituted and sent over into the parts of New England 
aforesaid for the government of the whole Country and 
Territory of New England aforesaid and the people there 
Who shall from time to time be chosen and a[)pointed b}' 
Commission from Us Our heyres and Successors for that 



76 CHAllTER RECORDS. 

purpose And to appeale unto liim in manner according 
unto or as neer as conveinently can be done to the order 
of proceedings in like cases witliin Our Realme of Eng- 
land for remedy (if there be cause) within ffourt}^ Dayes 
after any Judgement decree or sentence in auy cause or 
causes given against them or any of them touching the 
matter of any such ordinance or ordinances as by Us our 
heyres and Successors under our Great Seal of England 
from time to time hereafter shalbe appointed for the better 
preservation and conservation of the peace better safety 
defence and Government of the said Country and Territo- 
ries of New England and the people there If before such 
Judgement Decree or Sentence tiie same ordinances shall 
not be received made and become the Law or Lawes of or 
within the said province of Newharapshire aswell as other 
the lawes of the said province and according to the man- 
ner of and for making of lawes thereby Us herein ap- 
pointed as aforesaid And that the said Governor shall 
have power by the tenor of these presents in manner ac- 
cording unto or as neer as conveinently may be done to 
the order of the proceedings in like cases within Our 
Realme of England by his final Judgement Decree or Sen- 
tence to determine the matter (upon any such appeal) 
according to Justice and the true intent and meaning of 
Licence for an such Ordinances Moreover that the said province and the 
f/angpo^rt people that shall increase and have recourse to the same 
1^®™^®^^® ^ may be made more happy and prousperous and may be the 
Pvince. more secure and free from the invasion of the barbarous 
people and of other Enemies pirates robbers and such as 
may threaten to make a prey of them hereafter Therefore 
for Us our hevres and Successors Wee doe give and grant 
by these presents licence and liberty unto all persons both 
Our Subjects and leige people for the present and the 
Subjects and leige people of our heyres and Successors in 
future time (except Such as shalbe specially interdicted) 
to transport Themselves and their families to the said 
province with conveinent ships and company fitting And 
to plant inhabitt settle and continue there without any 
restraint or command to the contrary And also that no 
Ship nor marriner victuals ordnance artillery or habili- 
ments of warr sett forth or imployed for any such voyage 
or beloiiging to the said province of Newhampshire or to- 
any the inhabitants thereof shall not at any time hereafter 



MASONIAN rAVEHS CEXEltAL 



77 



be stayed either at Sea or in harbor unless it be for the 
necessary defence of Our Dominions only And Wee doe 
also grant unto them licence to erect and build fforts 
Castles and ffortiiications at the i!;ood likino- of the said 
Ca})tain John Mason and his hey res and to furnish them 
at all points compleat for the publick defence and their 
owne The Statuts concerning If ugitives or any other Stat- 
uts to the contrary Thereof in any wise notwithstanding 
And also Our will and pleasure is and of our more free 
grace for Us our heyres and Successors Wee doe firmly 
give in charge ordain and command That the said province 
be in allegiance to Us and that all and Singular the leige 
})eoj)le of Us our he3'res and Successors drawne or to be 
drawne into the said province and the Children coming by 
descent from them or from others whether now borne or 
hereafter to be borne maybe and shalbe free Denizens 
and the leige people of Us our heyres and Successors of 
Our Kingdoms of England and Ireland and in all things 
shalbe holden reputed and had as the faithfull leige people 
of Us our heyres and Successors originally springing up 
within our Realme of England And also may injoy by 
discent purchase receive and take have hold bu}^ and 
possess lands tenements revenues services and other hered- 
itaments whatsoever within our Realme of England and 
other Our Dominions of inheritance or otherwise and 
may use and injoy the same And may give sell alien and 
bequeath the same And also shall have and possess all the 
liberties franchises and privileges of this Our Realme of 
England quietly and peaceably and may use and enjoy the 
same as well as Our leige people born within Our King- 
dome of England or taking their originall there without 
any iinpediinent molestation vexation impeachment or 
greivance of Us our heyres or Successors whatsoever Any 
Statute act ordinance or provision to the contrary thereof 
Notwithstanding ffurthermore that oui' Subjects may be 
invited to this expedition with alacrity of mind Know 3'ee 
that of our special grace certain knowledge and mere mo- 
tion Wee doe give and grant aswell to the said Captain 
John Mason and his heyres as unto all others from time to 
time inhabiting or having Commerce with the Inhabitants 
of the said province for the advancement of the profit of 
the said province licence to carry all and singular goods 
aswell moveable as immoveable horses Mares goates swine 



To build fforts 
&c. 



The province 
to be inalie- 
gi ance to 
t ii e King . 
All children 
born therein 
are free 
Denizens of 
England & 
Ireland 



78 CHARTER KECOKDS. 

asses and all other kinds of beasts and cattle and all wares 
marchandise and commodities of what kind soever and all 
other things whatsoever necessary for food or raj'ment or 
for manuring or tilling the Earth (By the Lawes and 
Statuts of Kingdoms and Dominions not prohibited) unto 
any our ports or the ports of our heyres and Successors 
and to putt aboard and load them into any Ships and to 
exporte and transport the same into the said province of 
Newhampshire by himself or his or their Servants and 
assignes And also licence to export and transport any 

To transport Armor ordance powder shott artillery or any other habil- 
ArmeT*'* "^^iments of warr defensive or offensive for the publick ben- 
efitt defence and safety of the said province and them- 
selves without any impediment of Us our heyres and Suc- 
cessors or of any officer of ours or of our heyres and 
Successors Saving unto Us our heyres and Successoi'S the 
impositions customes and other duties for the same things 
goods and Marchandise due and payable any Statute Act 
ordnance or other thing whatsoever to the contrary not- 
withstanding And because in such a remote Country 
seated amongst soe many barbarous Nations invasions 
maybe feared aswell of these barbarous people as of other 
Enemies pirates and robbers Wee have likewise given and 
by these presents for Us our heyres and Successors Wee 
doe give ])ower and authority unto the said Captain John 
Mason and unto his heyres and assignes by him or thern 
or his or their Captains and other officers over all men of 
what condition soever or from whencesoever derived being 
within the Limits of the said province for the time being 
To call them to their Ensignes to Musters and to take 

To pursue en- armes and encounter the Enemies or robbers infesting 
|™j® and .^'^^ these parts and if God give victorv to putt to flight expell 
and chase them out of the said province and to pursue 
them by Sea and Land beyound the Limits of the said 
province and to take them or any of them And the Cap- 
tives by the Justice of Warr to putt to death or at their 
pleasure or for their service to ])reserve and keep And also 
by force of Arnies to recover fi'om any person or persons 
All such Lands Territories places Ships barques boates 
goods and chattels as shalbe taken from them or any of 

To make Re- them Or in defect of such recovery to releive themselves 

pnsa s. upon the parties doing injury or any other of the same 

Nation or Nations by w^ay of i-eprisals and taking their 



MASONIAN PAPERS GENERAL. 79- 

ships and goods and men oi* otherwise as they shalbe able 
for recompense and Satisfaction of an}'^ such loss and dam- 
age as they or any of them shall sustaine in any such case 
and to doc and performe all things which to the duty and 
office of Captain Generall of an Army doe belong or have 
been accoustomed to appertain as fully and freely as any 
Captain General of an Army hath had Our will and 
pleasure is also and by this our [)resent Charter Wee doe 
give power libeity and authority unto the said Captain 
John Mason and his heyres as in case of Rebellion sud-To use Mar- 
dain tumult or sedition if any (which God forbid) should case of Re- 
happen to arise either upon the Land within the said '^^^^^'^^ 
province or upon the main Sea in the Voyage Sailing to- 
wards the said province or from the said province by him 
or them or his or their Captains Deputies or other officers 
under his or their Seals thereunto deputed unto whom also 
by the tenor of these presents Wee doe for Us our heyres 
and Successors give and grant most ample power and au- 
thority against all such insurrections and the seditious Au- 
thors thereof and against such as shall withdraw them- 
selves from his or their Government raising warr Tray- 
toi'S fugitives vagabonds or anj^ of them being Delinquents 
contrary to the order custome and discipliu of warr That 
they may be handled and dealt with according to the Law 
of Armes as freely and in as ample manner and forme as 
any Captain General of an Army by viitue of his office 
may use the same or hath been accustomed to doe ffurther-To conferre 
more least unto men honestly born and applying them- honour^ °^ 
selves to the present expedition and well deserving at our 
hands and of our Kingdoms both in peace and warr The 
way to honor and renowne might seem difficult and hard 
to find in soe remote and farr distant a (^ountry Therefore 
for Us our heyres and Successors Wee doe give liberall 
and full power unto the aforesaid Captain John Mason and 
his heyres to conferre favours and honours upon well de- 
serving Cittizens and jjcrsons inhabiting within the said 
province And to dignify them with any titles and Digni- 
ties whatsoever (soe they be such as in P^ngland now are 
in use) according to his or their pleasure And also liberall 
and full power to create villages into Burroughs and to create cit- 

^ . ti©s f)n(l BuF- 

Burroughs into Citties and to constitute and appoint such roughs. 
and soe many ffaires and Markets in them or any of them 
for the more conveinency of the Ldiabitants and their 



80 CHAKTEll RECORDS. 

continuance in these places and for the better selling and 
incorporating them with meet privileges and immunities 
and to doe ail and Singular such other things whatsoever 
concerning the premises as to liim or them shall seem to 
be most meet and conveinent although they shalbe be 
such as of their owne nature doe require a more especial 
Commission or Warrant then in these presents is ex- 
pressed Our will and pleasure is also and by these pres- 
ents for Us our heyres and Successors Wee doe give and 
grant unto the foresaid Captain John Mason his heyres 
and assignes and unto all the Dwellers and Inhabitants of 
the said province of Newhampshire whatsoever both for 
the present and future times Licence by this Our Royall 
Charter to export and bi'ing all manner of wares and mar- 
chandise whatsoever of the fruites and Commodities out of 
the said province either Land Commodities or Sea Com- 
modities by him or them his or their servants ffactors or 
assignes unto any the ports of Us our heyres or Succes- 
sors botli of England and Ireland and freely to import 
and bring in and to unloade or otherwise dispose of the 
same and if need be to take and loade againe in the same 
ships or in an}' other the same wares within one years con- 
tinuance after the unloading thereof and shall be able to 
export and deporte them into what Countries they please 
either ours or fforreigne in amity with Us our heyres and 
Successors freed and discharged by the Tenor of these 
presents of and from the payment of any Customes Sub- 
sidies taxes or duties other then the payment of ffive 
pounds "^ Centum only according to the ancient trade of 
Marchandise heretofore used for wares marchandise and 
commodities due & payable unto Us our heyres and Suc- 
cessors And our will and pleasure is and for Us our heyres 
& Successors by the tenor of these presents Wee doe pub- 
lish and declare that for and upon the paymt of the said 
ffive pounds "^ Centum Wee doe freely exonerate acquitt 
and discharge the same wares goods and Marchandise soe 
to be imported transported or exported as aforesaid And 
Wee doe hereby straightly charge and command our Lord 
Treasurer under Treasurer or any Commissioners for our 
Treasury the Barons of our Exchecquer and all other our 
officers Customers and Ministers for ever hereafter upon 
the view of this Our Royall Charter or the Inrolment 
thereof to exonerate and acquitt the same according to the 



MASONIAN PArEliS GENERAL. 81 

Tenor of this our lloyall Grant beyomul which Wee will 
not greive the inhabitants of the said ])rovince of New- 
harapshire nor any of them And furthermore of our more 
especial Grace certain knowledge and mere motion for Us 
our heyres and Successors Wee doe grant unto the said 
Captain John Mason his heyres and assignes full and ab- 
solute power and authority to make erect and constitute 
within the province aforesaid such and soe many Sea ports To erect ports 
beys for shipping creeks and other places of lading or un- shfpp'in^g 
lading and laying downe or landing of goods and Mar- goods 
chandise out of Ships boates and other vessels and to 
loade in the same and in such and soe many places and 
with such rights Jurisdictions liberties and j)rivileges to 
the same ports belonging as unto him or them shall seem 
most expedient ami that all and singular Ships boates 
and other vessels whatsoever by reason of trafick or mar- 
cbandising going and coming to and from the said prov- 
ince shalbe laden and unladen at those ports soe by the 
said Captain John Mason his heyres and assignes to be 
erected and appointed as aforesaid and not elsewhere any 
use custome or any other thing to the contrary thereof 
Notwithstanding ]\Ioreover our will is and Wee doe ap- 
point and ordaine and by these presents for Us our heyres 
and Successors Wee doe grant unto the aforesaid Captain 
John Mason his heyres & assignes from time to time for 
ever To have and enioy all such Tolls and Subsidies in Toils and sub- 

- SiCllGS CTRIlt" 

the ports and beys for Shiping and all other Creeks and ed to the 

places aforesaid within the province aforesaid payable and province. ^ 

arising for the marchandise and goods there to be loadeu 

and unloaden as by the said Captain John Mason and his 

heyres within the said province from time to time as cause 

or occasion shall require shalbe reasonably assessed in that 

behalf unto whome by these presents for Us our heyres 

and Successors Wee doe give power for any just cause by 

due proportionate assess and tax Tolls and Subsidies there To assess Tax- 

c • 1 . 1 r , 1 o • 1 . es and Sub- 

as aforesaid And turtliennore ot our Special grace certain sidles, 
knowledge and mere motion Wee have given granted and 
confirmed and by these presents for Us our heyres and 
Successors Wee doe give grant and confirme unto the fore- 
said Captain John Mason his heyres and assignes full and 
absolute licence power and authority That the aforesaid 
Captain John Mason his heyres and assignes from time to 
time forever hereafter at his and their free will and pleasure 
6 



82 CHARTER RECORDS. 

shall or may assigne alien grant dimise or Enfeoffe soe 
many such and so great parts or parcels of the premises 
to any person or persons willing to purchase the same as 
he they or any of them shall find conveinent To have and 
to hold to such person and persons as shalbe willing to 
take or purchase the same to them and their heyres and 
assignes in ifee simple ffee tayle or for terme of life or lifes 
or for yearesTo be holden of the said Captain John Mason 
his heyres and Assignes by such and soe many and soe 
great services customes and Rents as unto him or the 
said Captain John Mason his heyres and assignes shall 
seem good and pleasing and immediately of Us our heyres 
and Successors And unto the same person or persons and 
to every of them Wee doe give and for Us our heyres and 
Successors Wee doe grant Licence and authority and 
power That such person and persons the premises or any 
part or parcell thereof of the aforesaid Captain John 
Mason his heyres and assignes may receive and take and 
may hold to him and his assignes or to his heyres of any 

To grant es- estate of inheritance in ffee simple or ffee tayle or other- 
confirmation ^^ise as unto them and the now Captain John Mason his 
heyres and Assignes shall seem expedient The Statute 
made in the parliament of King Edward the Sonn of King 
Henry late King of England Our progenitor commonly 
called the Statute of Quia Emplores terrarum in our Kealme 
of England in times past made or any other Statute Act 
ordinance use law or custome or anything clause or mat- 
ter to the contrary thereof heretofore had made ordained or 
provided in any wise notwithstanding And unto the said 
Captain John Mason and his heyres Wee doe for Us our 
heyres and Successors grant licence by these presents to 

To erect create into Mannors anv particular lands within the said 

Courts Baron . . . "" n ti i ^ i i i i n 

province and in every severall Manner to nave antl liold 
Severall Courts Baron and to doe and performe all things 
which to a Court Baron belongeth And also to have rein 
of ffrank pledges for the conservation of the peace and 
the better government in those parts by him or them or 
his or their Stewards when those Mannors shalbe consti- 
tuted being Lord or Lords of these Mannors for the time 
being and to have and use all things which to the rein of 
if rank pledges doe belong or appertain And furthermore 
our will is and by these presents for Us our heyres and 
Successors Wee doe covenant grant and agree to and with 



MASONIAN I'APERS GENERAL. 83 

the aforesaid Captain John Mason liis lieyres and assignes 
That if he or they shall at any time hereafter npon any 
doubt which he or they shall conceive concerning the 
Strength of this Our present Grant be disirous to renew 
the same from Us our heyres and Successors with amend- 
ment of such imperfections and Defects as shall appeare 
fitt and necessary to be performed and amended by Us our 
heyres & successors 'J'hat thereupon the humble petition Tj^gj^i^gco^. 
of the said Captain John Mason and his heyres such make bitter 
further and better assurance of all and Singular the said assurance if 
tracts and portions of Lands Islands and premises and of 
all and singula]' other the privileges herein mentioned to 
be granted shall from time to time b}' Us our he\'res and 
Successors according to the true intent of these Our Let- 
ters patents be granted unto the said Captain John Mason 
his heyres and assignes as by Our Attorney Generall or 
Sollicitor Generall of Us our heyres and Successors for the 
time being and the learned Counsell of the said Captain 
John Mason his heyres & assignes shalbe reasonably de- 
vised or advised And furthermore our will and pleasure is 
and by these presents for Us our heyres and Successors 
Wee doe covenant and grant to and with the foresaid Cap- 
tain John Mason his heyres and assignes That wee our 
heyres and Successors will not impose at any time here- 
after an}' impositions or customs or other taxations how 
small soever or any other contributions what soever nor 
doe nor cause to be imposed in or upon the dwellers or in- 
habitants of the foresaid province of Newhampshire for 
their goods lands or Tenements within the same province 
or upon any Lands Tenements goods or chatties within the 
said province or in or upon any the goods or marchandise 
within the said province or within any of the ports or 
Ships Keys of the said province to be laden or unladen 
Anil that this our Declaration in all Courts Judgement 
Seats and before any the Judges of Us our heyres and 
Successors shalbe sufficient for the exemption Ifreedome 
and acquitting thereof from time to time to be received 
or allowed And Our pleasure is and for Us our heyres 
and Successors Wee doe will and command giving in 
charge unto all and Singular officers and Ministers of 
Us our heyres and Successors injoining them on pain of 
our high displeasure That the}-^ doe not presume to at- 
tempt any thing to the contrary of the premises at any 



84 CHARTER RECORDS. 

time or goe against the same by any means but slialbe 

None to at- aiding and assisting unto the said Captain John Mason 

thing againit and his heyi'es and to the aforesaid inhabitants of the said 

thfs Chart, "^^pi'^^^i^ce Called the province of Newhampshire or of any 

part or parcell thereof and the Marchants aforesaid their 

Servants ministers ffactors and assignes in the fullest use 

and fruition of this our Charter and the benefitt thereof 

att all times as it becometh them And our will is also and 

for Us our heyres and Successors Wee doe declare and 

ordaine That the said province of Newhampshire shalbe 

is ordained immediately Subject to our Crowne of England and de- 

jecUon^toP*^"'^^^"^ iip*^" the Same for ever And if it shall happen 

the Crowne that anv doubt or questions shall hereafter arise about 

of England. ,, , -^ i • f j i ^. 

the true sense and meaniug oi any word clause or sent- 
ence in this our present Charter contained Our will is and 
Wee doe charge and command that in all interpretations 
to be made thereof in all Our Courts & Judgement Seates 
the same shalbe taken and adjudged most beneficiall and 
favourable unto and for the same Captain John Mason 
his heyres and assignes provided alwayes that noe inter- 
pretation be made whereby the Sacred word of Go'd and 
true Christian Religion or the Allegiance due to Lis our 
heyres and Successors may receive or suffer any prejudice 
diminution or disgrace And lastly Our will and pleasure 
is and by these presents Wee doe publish and declaie and 
for Us our heyres and Successors Wee doe grant and agree 
to and with the said Captain John Mason his heyres and 
assignes That these our Letters patents and all and sin- 
gular grants Clauses and things therein contained shalbe 
and continue firme strong and effectual in Law and shalbe 
construed reputed and taken aswell to the intent and 
meaning as to the words of the same most gracious and 
favourable and to the benefitt of the said Captain John 
Mason his hevres and assignes any omission misinforma- 
tion or defects in these presents or any Lawes Statuts or 
other clauses or matters to the contrary notwithstanding 
and although express mention be not made of any guifts 
or Grants by Us or any of our progenitors or predeces- 
sors to the foresaid Captaine John Mason his heyres and 
assignes heretofore made And notwithstanding the misre- 
citing or not rightly and truly reciting of any Letters pa- 
tents Grant or Grants heretofore made of the premises or 
of any part thereof or of any particular thing therein con- 



MASONIAN rATKUS (IKNEHAL. 85 

tainned or Not witlistaiuling any misDaniiiig or not naming 
of any tlie said Lands Island or Islands or any of them or 
the places degrees or coasts wherein or whereupon they 
be or any Statute act ordinance provision proclamation 
or restraint to the contrary thereof heretofore had made 
ordained or provided or an}' matter clause or thing what- 
soever to the contrary in any wise notwithstanding In 
Wittness &c Wittness Our Self at Westminster the Nine- 
teenth Day of August 1635 and in the Eleaventh year of 
Our Keign. 

This is a true Copie examind 

attested by 

Ric. Chamberlain 

Secretary of y^ Province of 

New=^ Hampshire Clerk of 

His Ma:'^® Councell there. 



[Z>eet?, Gorges to Mason, Sept. 17, 1635.'\ 

[From manuscri[)t volume in possession of the Maine Historical 

Society, p. 46.] 

THIS INDENTURE made the seaventeenth day of September 
Anno Dom. 1635 and in the eleaventh yeare of the Reigne of Our 
Sovereigne Lord Charles by the grace of God King of England 
Scotland ffrance and Ireland Defender of the ffaith &c. Between 
Sir fferdinando Gorges of London knight on the One part and 
Captain John Mason of London Esquire on the other part Witt- 
nesseth That whereas our late Sovereio;n Lord King^ James of 
Blessed memory by his highness Letters patents under the Great 
Seal of England bearing date at Westminster the Third day of 
November in the Eighteenth yeare of his highness reigne over the 
Realme of England ffor the considerations in the same Letters pa- 
tents expressed hath absolutely given granted and confirmed unto 
the Couucill established at Plimouth in the County of Devon^ ifor 
the planting ruling ordering and governing of New England in 
America and to their Successors and assignes forever All the Land 
of New England aforesaid lying and being in breadth from ffourty 
Degrees to ITourty Eight Degrees Northerly Latitude inclusively 
Together with all ffirm lands Soyles grounds havons ports rivers 
waters flishings hunting hawking ffowling and all mines and min- 
-erals aswell Rovall mines of Gokl and Silver as other mines & min- 



86 CHARTER RECORDS. 

erals and all and Singular other commodities Jurisdictions Royalties 
privileges and preheminences as by the said Letters patents amongst 
diverse other things therein contained more at large it doth and 
may appeare And Whereas the said Councill by their Indenture un- 
der their Common Seal bearing date the Two and Twentieth day of 
Aprill last past before the date hereof made between the said Coun- 
cill by the name of the Councill established at plimouth in the 
County of Devon ffor the planting ruling ordering and governing 
of New England in America of the One part and the said Sir ffer- 
dinando Gorges of London knight on the other part ffor the consid- 
erations in the same Indenture contained have given granted aliened 
bargained sold enfeoffed and confirmed unto the said Sir fferdinando 
Gorges his heyres and assignes for ever All that part purpart or 
portion of the mainland of New England aforesaid beginning at the 
Entrance of pascataway harbour and soe to pass up the same into 
the river of Newichewanock and through the same unto the ffurthest 
head thereof and from thence Northwestwards till Sixty miles be fin- 
ished And from pascataway harbour aforesaid Northeastwards along 
the Sea coast to Sagadahock and up the river thereof to the river 
of Kenebeck and through the Same unto the head thereof and soe 
up into the land Northwestwards untill Sixty miles be finished ffrora 
the mouth or entrance of Sagadahock ffrom which period to cross 
over land to the Sixty miles end formerly accompted up into the 
Land ffrom pascataway harbour through Nowichewanock River 
(which amongst other Lands are granted unto the said Sir fferdi- 
nando Gorges) Together with all mines and minerals aswell royall 
mines of Gold and Silver as other mines and minerals precious Stones 
Woods marishes rivers waters ffishings hawking hunting and ffowl- 
ing and all other Royalties Jurisdictions privileges preheminences 
profits and commodities whatsoever with all and Singular their 
appurtenances with all other privileges liberties and immunities 
which shall or may arise within the said Limits and precincts afore- 
said as by the said Indenture more at large it doth ajipeare Now 
therefore this Indenture ffurther Wittnesseth That the said Sir ffer- 
dinando Gorges for diverse good causes and considerations him here- 
unto especially moving hath granted aliened bargained sold enfeoffed 
and confirmed and by these presents doth grant alien bargain Sell 
enfeoffed and confirme unto the said Captain John Mason his hevres 
and assignes All that part or portion of land beginning at the En^ 
trance of Newichewanock river and soe upwards alongst the said 
river and to the ffurthest head thereof and to containe in breadth 
through all the length aforesaid Three miles within the land from 
every part of the said River and half way over the said river To- 



MASONIAN PAPERS (lENEKAL. 87 

getlier with all and Singular harbours creeks luarishes woods rivers 
waters lakes mines and minerals aswell lojal mines of Gold & Silver 
as other mines and minerals preci(jus stones ffishings hawking hunt- 
ing and ffowling and all other royalties Jurisdictions privileges pre- 
hcminences profits commodities and hereditaments whatsoever with 
all antl Singular their and every of their appurtenences with all 
other privileges liberties immunities escheats and casualties thereof 
which shall or may arise within the Liniits and precincts aforesaid 
To be holden of his Majesty his heyres and Successors as of his 
highness JNIannor of East Greenwich in the County of Kent in ffree 
and Common Soccage and not in Capite or by knights service yeeld- 
ing and paying to his Majesty his heyres and Successors the ffifth 
part of the oare of Gold and Silver that from time to time and at all 
times hereafter shalbe there gotten had and obtained ffor all services 
duties and demands as in and by the said recited Letters patents are 
reserved To have and to hold all the said part or portion of Land 
and all other the said bargained premises with their and every of 
their appurtenences unto the said Captain John Mason his heyres 
and Assignes To the onely and proper use and behoof of him the 
said Captain John Mason his heyres and assignes for ever And to be 
injoyed as fully ffreely and in as large ample and beneficiall manner 
.and forme to all intents and purposes whatsoever as he the said Sir 
fferdinando Gorges by virtue of the said recited Indenture might or 
ought to have hold and enjoy the same or any part thereof In Witt- 
ness whereof the said parties to these present Indentuies inter- 
changeably have sett their hands and Seals the Day and yeare 
ffirst above written. 

Sealed and Delivered fferd. Gorges 

in the presence of 

Matthew Bradley 

Roger Heal 

John Moor Sen. 

This is a true copie 
Edw Cranfield/ 
B Sargeant 
Rich. Povey 



88 CHARTER RECORDS. 

[John Mason's Will, Nov. 26, 1635.'] 
[Masonian Papers, Vol. 1, p. 5.] 

In the Name of God Amen I Cap' John Mason of London Esq' 
being Sick in Body but of a perfect mind & memory Laud & 
praise be therefore given to Almighty God do make & Declare 
this my present Last will and Testament in manner & form follow- 
ing that is to say First & principally I Commend my Soul into the 
hands of Almighty God & my maker hoping & assuredly believ- 
ing that by and thro' the raerrits of the most pretious Death and 
Passion of My Lord & Saviour Jesus Christ I shall be Saved & have 
full & free pardon & remission of all my Sins & Enjoy Everlasting 
Life in the Kingdom of heaven amongst the Ellect Children 
of God my body I committ to the Earth from whence it Came 
to be buried in the Collegiate Church of S' Peter in Westminster 
without any Funeral pomp or Ceremony & as Concerning all 
& Singuler the Goods Chattels Depts & personal Estate w*='^ it 
hath pleased god of his goodness to bless me withall in this life 
after my Depts shall be paid & my Funeral Charges Discharged I 
give Devise & bequeath the Same unto Such person or persons 
in such manner & form & under such Provisoes Conditions (Sj 
Limitations as are hereafter Expressed that is to Say lmj)rimis 
I give & bequeath unto five poor people of the Town or parish of 
Portsm** in the County of South hampton the sum of five pounds to 
be Distributed according to the Discretion of the Church Wardens 
of y* s*^ Town or parish for the time being & to be paid by my Ex- 
ecutrix unto the Said Church Wardens of the Said Town or Par- 
ish within one year next after my Decease The said Church Wardens 
within one year next after The Receipt of the Said Legacy Giving 
unto My Executrix an Honest & Just Account of the Distribution 
of the Said Legacy to the use of the Said poor people — 

Item I give unto my Sister Dorothy Moor in Case she shall be 
in want for and During the term of her Natural life the yearly Sum 
of Ten pounds of Lawfull money of England to be paid to her 
or Assigns at the Two usual Feasts or half yearly paym'* in the year 
by Even and Equal portions & I give unto Every of the Children 
of my Said Sister Dorothy Moor Six pounds apeice of Lawfull 
money of England. Item I give unto Beatrice Baldwin the Sum of 
five pounds Item I give & bequeath unto My Brother in Law M'' 
Joshua Green & his wife M' Edward Lambert & his wife M' Henry 
Burton & his wife M"" John Wallaston & his wife & to my Loveing 
Cosin Doctor mason of Greenwich & his wife «fc mother To my Cozens 



MASONIAN PAPERS GENERAL. 89 

11)"^ Thomas (xeer & liis wife to 1113^ Cozen Thomas Mason Gentle- 
man tS: to ray Cozens M"^ I'honuis Assips & his wife to Every of them 
fifty shilling-s a|)eice to make tlieni rings to wear in remembrance of 
me all the rest and residue of all & Singuler my Goods (Chattels 
ready money Debts & personal Estate whatsoever & wheresoever 
after my Depts & shall be paid & my Legacies & Funeral Charges 
shall be Discharg'd I will that my wife shall have the use thereof & 
of Every part thereof & Shall receive have & Injoy to her own 
proper use all y*^ Encrease piofitt & benefitt y' Sliall be made 
thereof by for & Duieing y*^ term of her Natural life & from & 
Imediately after y'' Decease of my s'' wife then I give Devise & 
bequeath y® s^ rest & residue of all & Singular My Goods Chattells 
ready money Depts & personal Estate whatsoever unto My four 
Grand Children John Tufton Ann Tufton Robert Tufton & Mary 
Tufton to be Equally Divided amongst them part & part alike & to 
be paid to the men Children att the several ages of one & Twenty 
years and to the women Children at the ages of one & Twenty or 
Days of Marriage which shall first happen & if any of them D^'e in 
their Minority the then part or portion of him or them So Dying 
Shall be paid & Devided unto & amongst the Survivor or Survivors of 
my S'^ four Grand Children respectively & my will & mind is & I 
do hereby Devise and appoint y* in Case ni}' S'' wife Ann Mason Shall 
Dye & Depart this mortal Life befor all my s'^ four Grand Children 
Shall be Capable to receive have hold & Enjoy the several Legacies 
& bequests before in this my will given & bequeathed unto them 
& to hold &; Enjoy the Lands & Tenements hereafter in this mj' 
will by me given & bequeathed unto them or to them or their heirs 
respectively j^ then & in such Case my Loving Brother in Law John 
Wollaston Shall receive the parts & portions of Such of my Said four 
Grand Children as shall be then in their Minority & take possession 
of such Lands as I Shall in this my will give Devise & bequeath unto 
them & shall Liijjloy y*" Same for the benefit & maintainance of ray 
S'^ Grand Children & Shall pay the same to them respectively as they 
shall attain to their ages of one & Twenty years or Dajs of Marriage 
as aforesaid and I do hereby make and ordain y^ said John Wollas- 
ton after the Decease of My s'' wife Sole Guardian of and for my 
s*^ Grand Children or such of them as shall be in their Minoritys 
att the time of the Decease of m}' Said wife And in Case my said 
wife & my said Brother in Law John Wollaston shall both dye & 
Depart this mortal life before my Said Grand Children shall be 
capable to have & receive their portions as aforesaid & to Enjoy 
such Lands as hereafter in this my will is by me given & be- 
queathed unto thera respectively Then I leave the Education & 



90 CHARTEll RECORDS. 

bringing up of Such my Said Grand Children as shall be in their 
minority and the receiving having & possessing of such Lands 
Tenem''* Legacies & bequests as I have & shall give them by this 
my will unto such person or persons as ray s'' Brother in Law John 
Wollaston shall in ills life time Nominate & appoint for that Pur- 
pose & to no other person or persons whatsoever & I do hereby 
Charge ray s'^ Grand Children & Every of tliem to make Choice of &; 
accept of my s** Brother in Law & such person or persons as lie shall 
appoint & none other whatsoever to be Executrix Guardian 
or Guardians for them after the Decease of my S'^ wife. And I do 
hereby make name & ordain my s'^ Loveing wife Ann Mason the full 
& Sole Executrix of this my last will & Testament desireing her to 
perform the same in all things according to my true Intent & mean- 
ing & I do hereby Constitute & Appoint my said Loveing Biother 
in Law Jn° Wollaston the overseer of this my will & Testament 
Entreating him to be aiding and assisting unto my s'^ Executrix in 
the Execution thereof & in token of thankfullness for his Love to- 
me I do hereby give & bequeath unto him my Coach & Two Coach 
horses with the furniture thereto belonging Now as Concerning the 
Disposition of all & singuler my Mannors Messuages Lands Tene- 
ments & heriditaments with their & Every of their rights mem- 
bers & appurtenances as well within the Realm of England as 
Else where I give Devise & bequeath the Same & Every of them to 
such person and persons upon such trusts & Confidence to such 
uses & Intents and purposes & under such provisoes & Con- 
ditions & Limitations as are here after Expressed that is to Say 
first I give devise & bequeath unto the Mayor & Commonallity and 
Corporation of the Town of Kinglyn in the County of Norfolk 
where I was born by what Name Title or addition Soever the S* 
town or Corporation is have been or shall be called known or In- 
corporated & to their successors forever under the provisoe or Con- 
ditions never the less here after Expressed Two thousand acres of 
Land in my County of Newhamp'' or Mason Hall in New England 
w''' by my Executrix & Overseers aforesaid shall be thought most fit 
& the reversion & reversions remainder & remainders of the Same 
two thousand acres of Land & Every part thereof to have & to hold 
y® same & Every portion thereof unto the s"^ Mayor & Commonallity 
& Corporation of the s'' Town of Kingslyn & their successors forever 
for & under the yearly rent of one i)enny of Lawfull money of 
England to be paid to my heirs if it shall be Demanded and also 
allowing to ray heirs forever Two fifth parts of all such of mines 
royall as Shall be at any time after my Decease found in or upon the 
Same Land or any part thereof pi'ovided Always & my will & mind 



MASONIAN PAPERS GENERAL. 91 

is & I do hereby devise & appoint y' the s^ mayor & Commonallity 
their Successors or assigns shall within five years next after my 
Decease plant & set upon the S^' Thousand acres of Land five fam- 
ilies of people at least to plant upon tlie Same & y' the Clear yearly 
profit y' shall be made of &, upon y® S'^ Two thousand acres 
of Land shall be yearly forever Distributed & Disposed of towards 
y*" maintaijiance & relief of y** poor people of the s*^ Town at the 
Discretion of the mayor & aldermen or the Chiefest Governor of the 
S^ Town for the time being : and I will y' my S'' wife Ann Mason 
shall at y* request Cost & Charges in the Law of the s*^ mayor & 
Commonality their successors or assigns Lawfully & Sufficiently 
Convey release & assure unto the s'' mayor & Commonality & their 
successors forever all her right Estate Dowry Title of Dower & 
Litrest of and in the s'' Two thousand acres of Land y* by Such 
Lawful! wayes & means as by y® s'^ mayor & Commonality or their 
successors or by their Council Learned in the Law shall be reason- 
ably devised or advised & required. Item I give devise and bequeath 
unto my Loveing Brother in Law John Wollaston and to his heirs and. 
assigns forever to be holden of my heirs in fee farm Three thousand 
acres of Land with the appurtenances in my County of New hamp- 
shire or ]\Iannor of Mason Hall afores*^ Where my s^' Brother & 
Executrix shall think fit and the reversion or reversions remainder 
& remainders rents & yearly profits whatsoever of the same three 
thousand acres of Land & Every or any part thereof to have & to 
hold the Sanie unto the S'^ John Wollaston his heirs & Assigns for- 
ever to be holden of My heirs forever in fee farm paying onlj' twelve 
pence of LawfuU Money of England '^ annum to My heirs when the 
same shall be Demanded of the s'^ John Wollaston his heirs or assigns 
& also allowing to my heirs Two fifth parts of all my mines royall 
as Shall be at any time after my Decease found in or upon my S'^ 
Land or any part thereof: And I willy' My s'^ wife Ann Mason 
shall at the request Cost & Charge in the Law of y" S'' John Wol- 
laston his heirs or assigns in due form of Law Convey release & as- 
sure unto the S'* John Wollaston his heirs & assigns all her right 
Title Dower Litrest Claime & Demand of in or unto the said three- 
Thousand Acres of Land with the Api)urtenances and of in and 
unto eveiy or any Part thereof by such Conveyance ways & 
means as by the Said John Wollaston & his heirs or assigns or his 
or their Council Learn'd in the Law shall be reasonably Devis'd or 
advis'd and required. I Give devise and Bequeath unto My Grand 
Child Ann Tufton and to her Heirs & Assigns for ever under The 
Provisoe's and Conditions nevertheless hereafter exj)ress'd all those 
my Lands Tenements and heriditaments w'" the Appnrtenances. 



92 CHARTER RECORDS. 

lying and being at Caphaiii of Wagaui upon the South East side of 
Sagadahock in New Enghind afores'^ Called Masonia & Containing 
by Estimation Ten thousand Acres or there abouts be the same 
more or less & the reversion and reversions remainder & remain- 
ders rents & yearly & other profits whatsoever of the same Land & 
premises to have & to hold the s'' Land and premises & Every part 
thereof with the appurtenances unto the s'^ Ann Tufton my Grand 
Child & to her heirs & assigns for ever : Provided always & my 
will, mind & meaning is & I do hereby Devise & appoint 3^' my wife 
shall hold & Enjoy the s'^ Ten Thousand Acres of Land & Every 
part thereof & receive take & Enjoy to her own proper use & behoof 
of all the rents Issues & profits of the same & Every part thereof 
untill my Grand Child Ann Tufton shall attain to the age of one & 
Twenty years or Day of Marriage w'^^' shall first happen if my s'^ wife 
Shall So long live Item I give & Devise & Bequeath unto my Grand 
Child Robeit Tufton & to his heirs & assigns forever under the pro- 
visoes & Conditions nevertheless hereafter Expressed all that my 
Mannor of Mason Hall in New England aforesaid with all the 
Land Tenements & heriditaments rights members & appurtenances 
thereto belonging Except Such part of the Land thereunto belong- 
ing as is before Bequeathed by this my will & the reversion & re- 
versions remainder & remainders rents & other yearly profits what- 
soever of the same premises to have & to hold the same & Every 
part thereof Except before Excepted unto my said Grand Child 
Robert Tufton & to his heirs and assignes forever provided always 
& upon Condition nevertheless and my true Litent& meaning is that 
the said ann my wife shall have & Enjoy the said mannor & premises 
given unto my s*^ Grand child Robert Tufton as aforesaid & receive 
take & Enjoy to her own proper use the rents Issues & profits 
thereof until! My said Grand son Robert Tuff ton shall attain & 
accomplish his full age of one & Twenty years if my said wife shall 
live so long provided also & my further will mind & meaning is & 
I do hereby devise & appoint y" my s*^ Grand Child Robert Tufton 
shall alter his sirname & sirname himself Mason before he shall be 
capable to Enjoy the Said Mannor & premises according to this my 
will for that my true Intent and meaning is y" the s'^ Mannor and 
premises Sliall Continue in ray name as now it doth & no other wise 
— Item I give devise & bequeath unto my said Brother in Law 
John Wollaston his heirs & assigns forever upon the trusts & Confi- 
dence & to the uses Intents & purposes nevertheless hereafter Ex- 
pressed two thousand Acres of [land] in my County of Newhamp- 
shire in New England afores'^ where my s'^ Brother & Executrix 
■afores'* shall think fit upon trust & Confidence & to the use Intents 



MASON I AN PAPERS GENERAL. 93 

& purposes that my s'' Brother John Wollaston or his heirs & ray 
said wife Ann Mason shall with all Speed Convenient after my De- 
cease att the Charge of my Estate in Due form of Law Settle & con- 
vey one thousand acres of y** s*^ Land to some feoffees in Trust & to 
their heirs forever for & towards the maintainance of an honest 
godly & religious preacher of god's word in some church or chappel 
or other publiok place appointed for Divine worship & service within 
the Said County of Newhampshire where my s'' wife & I^rother Shall 
think tit the s'' feoffees & their heirs paying & allowing unto my 
heirs forever the yearly rent of one penny if it be demanded & two 
fifth parts of 'all such mines royall as shall be found in & upon the 
s'' one thousand acres of Land or any part thereof & one Thousand 
acres more residue of the s'' Two thousand acres of Land I will shall 
be Setteled or Conveyed as afores'^ to some feoffes in trust & to their 
heirs forever for & towards the maintainance of a free Grammer 
school for the Education of youth in some convenient place within 
the s'' County of Newhampshire where my s'' wife & Brother in Law 
shall think titt they also paying & allowing unto my heirs forever 
the yearly rent of one penny if it be Demanded and two fifth parts 
of all such mines royall as shall be found in & upon the s'^ one thou- 
sand acres of Land or any part thereof all the rest & lesidue of all 
& singuler my mannors messuages Lands & Tenements & Heridita- 
ments with their & Every of their appurtenances lying & being 
within the s'^ County of Newhampshire or else where in New Eng- 
land aforesaid not before bequeathed by this my will I give devise 
& bequeath the same and Every part thereof & the reversion & rever- 
sions remainder & remainders thereof & of Every part thereof under 
the provisoes & Conditions nevertheless hereafter Expressed unto 
my Grand Child John Tufton & to the heirs of his body Lawfully 
begotten and for want of such Issue to the S"* Robert Tuffton or my 
Grand Child & to the heirs of his body Lawfully begotten & for 
want of such Issue to my Cozen Docf^ Robert Mason Chancellor of 
the Diocess of Winchester & to the heirs male of his body Lawfully 
begotten or to be begotten & for want of such Issue to my right 
heirs & assigns foiever provided ahvays nevertheless & my will mind 
& meaning is that my wife Ann Mason shall have hold & Enjoy the 
s'' mannors messuages Lands & premises by me given unto my 
Grand Child John Tuffton as aforesaid & receive the rents Issues & 
])rofits thereof & of every part thereof to her own profit use & behoof 
untill my s'' Grand Child John Tuffton shall attain to and accom- 
plish his full age of one & Twenty years if y® s*^ Ann my wife shall 
so long live provided also & my further will mind &' meaning is & I 
do hereby devise and appoint y' my s'^ Grand child John Tuffton 



'-94 CHARTER RECORDS. 

shall alter his Sirname and shall Name himself Mason before he 
shall be Capable to Enjoy the said mannors J^ands & premises or any 
part thereof according to my bequest for that my true Intent & 
meaning is that the Said Lands shall not descend from the Name of 
Mason but that my said Grand Child & his heirs shall Enjoy y® same 
Lands & premises in my own (Sirname & not otherwise Provided 
also & my will & mind is & 1 do hereby devise & appoint y* my S*^ 
Grand Child John Tufton or his heirs shall well or truly pay or 
Cause to be paid unto my Grand Child mary Tnffton his sister out 
of the mannors messuages Lands & Tenements by me bequeathed 
unto him as afores'' the Sum of five hundied pounds of Lawfull 
Money of England for her better preferm^ and advancem' in mar- 
riage, the same to be paid to her or her assigns within one year next 
after the Day of her marriage of the s** mary Tuffton without fraud or 
Coven: provided also & my further will mind & Meaning is & I do 
hereby devise & appoint y' in Case My s*^ Grand Chiklren John 
Tuffton Ann Tuffton Robert Tufton & Mary Tufton oi- any of them 
Shall refuse or be unwilling to take & accept of my s'' Brother in 
Law John Wollaston or such person or persons as he shall appoint 
to be in his or their Guardian or Guardians after y*^ Decease of my 
wife dureing their or any of their Minorities or in case my s*^ four 
Grand Children or any of them their or any of their heirs Exec'" 
adminisf* or assigns or any of them shall at any time or times after 
my Decease by any ways or means whatsoever Sue Vex or mollest 
trouble or prosecute my Executor or adrainist" for the Sum of one 
thousand pounds of Lawfull Money of England which was heretofore 
deposited in my hand by Joseph Tufton their father, or for any part 
thereof y' then to from thenceforth in either of these cases the 
Legacies & bequests by me given & bequeathed to such of my s*^ 
four Grand Children & to his or their heirs as shall offend Contrary 
to the true meaning herein before declared shall be Voide & of none 
Effect as if the same had never been Expressed in this my will & y' 
y" also & in such Case I give devise & bequeath all & every y" Mes- 
suages Lands tenements & heriditaments Money (iroods & Chatties 
whatsoever before or hereafter in this my will given devised or 
bequeathed unto such of my Grand Children & their heirs which 
shall so Disobey my true meaning herein before declared unto my 
Loving Cozen Docf Robert Mason Chanceller of the Diocess of 
Winchester & his heirs & assigns from henceforth forever Item I 
give devise & bequeath all & singuler my messuages Lands Tene- 
ments & heriditam'^ with their & every of their ap[)urtenauces lying 
& being within the Realm of England or else where not bequeath'd 
by this my will unto my Loving wife Ann Mason & her assigns for 



MASONIAN PAPERS GENERAL. 95 

& During the term ol" her natural life & after her Decease to iny 
above s'' Brother in Law Jn° Wollaston & his assigns for & dureing 
the Joynt lives of my s'' Daughter Ann Tufton & her now husband 
upon trust & Confidence nevertheless y' the s^' Jn** Wollaston & his 
assigns shall pay *S: Disburse the rents & profits of y*' s'' premises & 
every part thereof for & toward y'' proper maintainance stay of Liv- 
ing of & for the S'^ iVnn My Daughter & no other wise & in Case 
my s'' Daughter's now husband shall dye & Depart in this life in the 
life time of my s'' Daughter Ann Tufton then & from thence forth I 
give devise & bequeathed my S'^ lastmentioned messuages Lands 
Tenements & heriditam'" every part thereof unto my said Daughter 
Ann Tufton for & dureing the term of her natural life & from & 
imediately after y'^ decease of my s'^ wife & Daughter & of the longest 
liver of them then to my s'' Grand Children John Tufton Ann 
Tufton Robert Tufton & mary Tufton & to their heirs & assigns 
forever & to none other use Intent or purpose whatsoevei' und'' y" 
provisoes & Conditions nevertheless herein before declared : finally 
I do hereby revoke Countermand & make Voide all former wills 
Testaments Codocils Execuf^* Legacies & bequests what soever by 
me at any time made named given willed or appoint'd before the 
making of this my will willing & minding y' these presents only 
shall stand & be taken for my last will & testament & none other 
Saveing &, reserving unto my self nevertheless full power & author- 
ity to make add or annex hereunto one or more Coclocil or Codocils 
at my free will & pleasure, any thing whatsoever before in this my 
last will & testament Expressed to the Contrary thereof in any wise 
notwithstanding: In Witness whereof I y*^ s^' Cap' John Mason the 
tesrator to this my present will & testament being written in four- 
teen sheets of pa[)er with my name subscribed to eveiy sheet have 
sett my seal y** twenty sixth day of November Annoq: Domini one 
thousand six hundred thirty five & in the Eleaventh year of the 
reign of our sovereign Lord Charles by y® Grace of God King of 
England Scotland France & Ireland defend"" of y^ Faith &ct : & in 
Case my s'' Grand Children Jn" Tufton Robert Tufton should both 
die in y® life time of my wife without Issue of their or either of 
their bodys Lawfully begotten then I give & bequeath all my man- 
nors messuages Lands & tenem'* By me given to my s*^ two Grand 
Children or either of them unto my wife during the terra of her 
natural life & after her decease to my Daughter Ann Tufton dureing 
the term of lier natural life and after both their deceases then to 
such person or persons as \^ same is mentioned to be given & 
bequeathed unto by this my will 

John Mason 



96 CHARTER RECORDS. 

signed sealed published & declared by y® s*^ Cap* Jn° Mason y* 
Testator as his Just will & Testament on the day & year above 
written In the presence of us whose names are hereund'' written 
Tho® Noell Mathew Mason J fferret Notarj^ ; probatum fuit Testa- 
mentum Supra scriptum apud. Loudon Coram veni'^'*''^ viro magis- 
tro Willo Clark Legum d're surr venirabli viri d'mi Henri INIartin 
railiti Legura Etiam Doctoris Curia prerogative Comit Magistri 
Custodis Sive Commisarii Legitime Constit vicisimo sedo die mensis 
Decenib'^* Anno Domini miliisimo Sexceptesimo Tricesimo Quinto 
Juramento Anuie Mason relictis diet! defunti et Excecutrices in 
hujusmodi Testiraento nominat Ciii Comraisa fuit administratio cum 
& singulorum bonorum Jurium et Creditorum dis defunti de bene 
fid. bl administrando eadem adsto dei Evangelica. Jurat — 

Sadler 127 Q^ Tho : Williams Reg^^ Deputy 

Tertio Examinat 

Province of ) A True Copy from the Sup'' Court files Compared 
Newhamp^ \ y« 21*' March 1701 

^ Theo : Atkinson Cle^ 

Province Newhamp"" Vera Copia Compared 9"' July 1706 

f Theo : Atkinson Clerk 

Vera Copia from the file in the Inf"^ Court of Common Pleas at 
Portsm" Compared 24*'^ April 1707/ 

^ Cur"' Henry Penny Cler 

The foregoing Sixteen Pages is a Copy Examin'd 

f Geo : Jaffrey CI 



[ Vaughan to Gribbotis, April 10, 1636.~\ 

[Council Book 1, p. 33.] 

London lO*^' Aprill 1636— 
Loving ffrend Gibbens 

Wee put in to Ireland goinge home, and there was Taken Sike, 
and Lefte behind and Laye So Longe before I got well; that it was 
the Latter End of December Laste before I got to London, and m"" 
Mason was Ded But I Spoke With S'' fferdenando Gorges and the 
other owners, but tiiey gave mee no Incoradgm' for New-England, I 
Acquainted y'" ffully of what you and I Discoursed but theye ware 
quite Could in that matter m"" Masson being Ded, and S'' ffardenando, 
Minding only his one Divityon, he teles me he is a geting a Pattente 



MASONIAN rAPERS GENEIJAL. 97 

for it iroin the King, fi-om Piscateqiia to Sagadeliocke, & that 
betwene IMeremake and Piscateqiia, He Left ifor m^ Mason, who, If 
bee had Lived Would a Tooke a Patten^ for that allso, and so I 
Supose the Affairs of Laconia is Ded allso I Intend to goe for the 
Este Liidges, A ffrend of mine have made me a Very good proft'er 
and I Thinke to take Up w"" it, which is what offers at present 
Thus with my kind Love to you and your Wife and Daughter I am 

Your Loving ffrend 

George Vaughan 



[Lease to Francis Matthews, Oct. 1, 1637.'\ 

[Council Book 1, p. 34.] 

This Indentur made the first day of October Ann: Do: L6.3.7. 
and in the thirtenth year of the rayne of our soveraigne Lord knge 
Charlls whearas S"" fferdinando Georgis knight : Cap*" John Mason 
Esquier and thear asotiats by vertue of a pattinte is Rightlly Inter- 
ested and seased on a persill of land in Niw Ingland in America 
Called pascataway and for the executinge of thear affaiers in thos 
parts hath asigned Richard vines Henry Joslin and Thomas wanner- 
ton Gentel: theare Agents: wee thearfor Richard vines, Henry Joslin 
and Thomas wannerton, do demise grante, lette, unto ff ransis mathews, 
all that parsell or portion of lande In pascataway River lyinge upon the 
north west Side of the great Illand Commonly Called muskito hall, 
beinge a necke of land by estemation on hundred acers or thear 
abouts more or lesse to have and to hould all the demised premisis 
the appertenancis to the sayd ffrances matheus his heirs exec"ters 
administrators and asignes from the date hearof untell the terme of 
on thousand years be ffully Compleat and ended yealding and pay- 
inge thearfore the annuall Rente of two shillings unto the sayd Sir 
fardinando gorgis Captin John masson thear hiers executers admin- 
istraters and asignis if it bee lawfully demanded upon every fifirst 
day of October duringe the sayd terme of one thousand years, in 
witnes of the treuth wee have hearunto sete over hands and sealls 
the day and year above wrighten 

witnesis Rich : vines 

Xavius Hawkins Henry Jocelyn 

Vera : Copia Tho : wannerton 

7 



98 CHARTER RECORDS. 

[Anne Mason to Ambrose Gibbons, May 22, 16o8.'\ 

[Council Book 1, p. 35.] 

Loving freind ]\P Gibbins 

I understand that you have some swine in yo"" hands belonging to 
ray late husband Captaine John INIason & now to mee i pray good 
.s"" deleiver them speedily to y^ bearer hereof ffraneeis Norton whome 
I have made my generall attournie for my whole estate in yo'^ parte 
to whome I pray you afford your loving assistance in what is Con- 
Yenient & your equitie & love heerein shall oblige mee to remaine 

Yo"^ lovinge freind 

Anne Mason 
East Greenwich May 22'^ 
1638 



[Richard Rogers to Ambrose Gibbons, March 2, 16Jj.7.^ 

[Council Book 1, p. 36.] 

lovinge and kinde 

Contryman Gibins my love with my wives and my sonnes love 
jind Respeckte to you and to your witfe hopinge that you are all in 
good heallth as wee are at this time I have Reseavd my sonne saffe 
and well the which I give you manye thaukes and your wiffe for 
your greate Care and paynes that you have bestowed with him I 
have Given M'' Trevisse ffor his pasage ffortye shillings beinge as 
much as I gave for ray daughters pasage in monye but it is as I 
tollde him beter paye then Clabords or pipestaves but if his under 
taker should have Reseaved it of mee 1 would have had a discharge 
from him for it but you gave him a bill that if I did not pay you 
would when you see the bill you gave him at the botome of the bill 
you shall see a discharge from mee write with my owne hande and 
sinned with M"" Trevisses owne hand for a discharg of that bill which 
you gave him / now my desire to 3'ou will be to know wheather you 
have Reseaved those debts of mine which I lefte but of Tom 
Jonsone & old nicklis Espesyally for my sonne telles mee that Tom 
Jonsone lives with you and I would intreate you to give me an 
Acounte wheather I have that theare which will give you satis- 
faxyon I shall desire you to make salle of the house and ground and 
of the Cheste of linen and all other detes and that I may under- 
stand wheather theare will be any t hinge lefte and If theare be let it 
be sente in bever or Corne or any thinge Ellse deare skins or bare 



MASO^'IAN PAPKKS GENERAL. 99 

skines and I will Ketuine it to 3011 Againti in Tiadinge Cloath or 
any tliinge Ellse tluit you shall write for and so will Eavery yeare 
after as you shall si-nde but if you please to sende nie those thinges 
in that Oheste J shall be willinge to llei)aye what you shall thinke 
titt for your use heare so desiringe to heare ffroni you as soune as 
may be I Reste 

Your lovinge ffreud and Contryman 

to his power 

March y'' 2 1047 Richard Rogers 

I pray you tell Tom Jonson that my soune John hath bin at his 
Coseu Jonsons the shumaker in sainte martins and he hath asked 
him much of him wheare he lives and how 

[Then follows Mr. Rogers's account in the handwriting of 
Ambrose Gibbons. Ed.] 

[Endorsed] a letter to m' Gibbines from his frend aboute 
Accomp'^ 1648 

To His Respeckted tfreud and Contryman M"" Ambrous Gibins at 
his Howse in oyster River upon the River of Passcataway in new 
ingland this 



Joseph Mason's protest against Richard Leader, July 4, 1651, 
State Papers, Vol. 17, p. 502. 



\_Depoutio)i of Biles and Mason., May., 1652.^ 

[Council Book 1, p. 37.] 

The Doposition of Stephen Biles and Joseph Mason 
The said Biles aged about thirty five years and the said Mason 
about fifty eight yeares both Testiiieth and sayth that in March 
1650 we were both at the house of mistriss Ann Mason in London 
the relict of Caj)^ John Mason Deceased and saw a branch of his 
will wherein he made his Said wife Ann Sole executiix and after 
that died it being his Last will and further these Deponants Saith 
not 

Testified tipon Oath before mee 

Jo Endecott Gov"" 

That what is above written is a true Copie Compared w"' its 
originall so signed & produced in the Gennerall Court of the Massa- 
chusets in new England by m"^ Joseph Mason may 1652 

Attest"" Edward Rawson secret 



100 CHARTEK RECORDS. 

Joseph Mason's petition, May 6, 1653, State Papers, Vol. 17, p. 
604. 



[Petition of Mobert Mason.] 
[Masonian Papers, Vol. 1, p. 7.] 

To y*^ Kings most ExcelP Matie 

Tlie humble Petic'on of Rob' Mason Proprietor of the Province of 
New Hampshire in New England. Sheweth. 

That yo"^ Ma'ties Royal 1 Grandfather King James of ever blessed 
memory did by his Highness I'res Pattents under the Great Seale 
of England, beareing date at Westminster the third day of Novem- 
ber in the 18"' yeare of his Reigne, Give Grant & Confirme unto 
severall of the Principall Nobillity and Gentry of this Kingdome by 
the Name of the Councell of New England their Successors and 
assignes for P^ver, all the Land in America lyeing between the 
Degrees of 40 & 48 North Latitude, By the Name of New England 
to be held in ffee, with many Royall Privilledges and Immunities, 
only Paying to his Ma'tie his heires and Successors one fifth Part of 
all the Oare of Gold and Silver that should at any time be found 
upon the said J^ands. As by the said Letters Pattents doth at 
Large appeare. 

That John Mason Esq"^ yo' Pef^ Grandfather by Virtue of Sev- 
erall Grants from the said Councell of New England, under their 
Common seale beareing date the 9"' day of March 1621, the 10"^ day 
of Aug' 1622, the 7'^ of Novem-- 1629 and the 22'*' day of Aprill 
1635, was instated in ffee in a Great Tract of Land in New Eng- 
land by the name of New Hampshire, l^'^eing upon the Sea Coast 
between the Rivers of Naumkeck and Passcattaway, and runing up 
into the Land Westward three score miles, with all y** Islands lyeing 
within five Leagues distance of any "^^ thereof, and also the South 
halfe of the Isles of Shoales. And also the said John Mason 
togeather with S'' fferdinand Gorges Kn' was Enffeofed by the 
aforesd Councell of Newengl'' in other Lands by the Name of the 
Province of Laconia By their Deed beareing date the 27 day of 
Novem"" 1629. the said Lands Lyeing and Bordering upon the Great 
Lakes & Rivers of the Irroqois and other Nations adjoyning. All 
which said Lands to be held as fully ffreely in as large Ample and 
Beneficiall manner and form to all intents & Purposes whatsoever 
as the said Councell of New Eng'd by Virtue of his Ma'ties said 
Letters Pattents might or Ought to hold and Enjoy the same as by 
the said severall Grants appeare Whereupon you Pet" said Grand- 



MASONIAN PAPERS GENERAL. 101 

father did expend upward of 22000'^ in transpoiteing People Build- 
ing houses fforts and Magazines furnishing them with Great store 
of Amies of all sorts with Artillery great & small for defence and 
Protection of his Servants and Tennants, with all other necessarie 
Coniodities and materialls for Establishing a settled Plantation. 

That in the yeare 1628. in the fourth yeare of the Reigne of 
yo' Ma'ties Royall ifather, some ^sons did snrru[)titi()usly and 
unknowne to the said Coiincell, gett the seale of the said Councell 
affixed to a Grant of Certaine Lands, whereof the greatest Part, 
were sollemnely past, unto yo'' Pet'^'* Grandfather and others long 
before, and soone after did the same Persons by their subtill Prac- 
tices gett a Confirmation of the said Grant under y^ Great seale of 
England, as a Corporation, By the name of the Corporation of the 
Massachusetts Bay in New England, yo"" Ma'ties Royall ffather 
being also Unwitting thereof, and haveing thus by fraud obteyned 
a Grant and Confirmation, they Compelled the RightfuU Inhabitants 
to desert their Plantations, and by many Outragious actions, they 
became Possessed of that Part of the Countrey, declareing them- 
selves to be a free People, fiaraeing to themselves new Lawes with 
new methods in Religion absolutely Contrary to the Lawes and 
Customes of this Yo'' Ma'ties Realme of England Punishing diverse 
that would not approve thereof, some by Whipping others by burn- 
ing their Houses, and some by Banishing and the like. 

At last the Complaints of the Oppressed Subjects Reacheing the 
Eares of yo"^ Royall ffather, his Ma'tie caused the Whole matter to 
be Examined before his most honourable Privy Councell and all 
being fully Proved, his Ma'tie did Comand the Councell of New 
England to give an acco' by What authority, or by whose Procure- 
ment those People of the Massachusetts Bay were sent Over, his 
Ma'tie Conceiveing the said Councell to be guilty thereof. 

But the said Councell of New England made it Plainely to appeare 
to his Ma'tie that they were ignorant of the whole matter, and that 
they had noe share in the Evills Comitted and wholly disclaimed the 
same, and the said Councell finding they had not sufficient Meanes 
to give Redress And Rectifie what was brought to Ruine, they 
humbly referred it to his Matie to doe therein as hee Pleased, and 
thereupon said Councell of New England Resolved to Resigne and 
did Actually Resigne the Great Charter of New England into his 
Ma'ties Royall Hands, seeing there was an absolute necessity for his 
Ma'tie to take the mannagem' of that Countrey to himself It being 
become a business of high Consequence and only to be Remedyed by 
his soveraign Power, all which appeares by the Declaration of the 
Councell of New England Dated the 25''' of April! 1635. togeather 



102 CHARTER EECORDS. 

with the Act of Surrender of the Great Charter of New England 
dated the 1^^ day of June the same Yeare. 

That imediately thereupon his Ma'tie in Trinity terme 1635. 
Caused a Quo Warranto to be br* by S'" John Banks liis Ma'ties then 
Attorney Generall against the Governour Deputy Govern'^ and Every 
of the Assistants of the said Corporation of Massachusetts in New 
Enghmd, seveiall}' according to their names mention'' in the said 
Patten ts of Incorporation, being twenty six '^sons Whereof two 
being dead, of tlie Remayning twent}' four "^sons tliere did fourteen 
at severall times appeare at the Kings Bench Barr and disclaimed 
the Charter, the Remayning tenn l^sons were Out Lawed, and 
thereupon Judgement given for the King, That the Liberties and 
ffranchises of the said Corporation of Massachusetts Bay should be 
seized into the Kings hands, and the Body of the Governour to be 
taken into Custody for Usurpeing the said Liberties, all which 
appeares by the Roles in the Crowne Office, and Office of Custos 
Brevium for the Kings Bench of the Pro(;eedings in the severall 
Termes from the Yeare 1635 to 1637. 

That thereupon his said Royall Ma'tie on the third day of May 
1637. did Order in Councell y*^ the Attorney Generall be Required 
to Call for the said Pattent and Present the same to the Board, and 
his Ma'tie by his Declaration of the three & twentieth day of July 
1637. in the thirteenth yeare of his Reigne declared His Royall 
Pleasure for the Establishing a Generall Governm' in his Territory 
of New England for Prevention of the Evills that otherwise might 
ensue for default thereof thereby declareing S'' fferdinando Georges 
to be Govern"" Generall of the Whole Countrey, and requireing all 
■^sons to give their Obedience accordingly. 

That the Warrs and Trobles imediately Ensueing in Scotland and 
Presently after here in England, did hinder his said Ma'tie from 
settling that (^ountrey or Prosecuteing the Right which hee intended 
his Subjects however the Proceedings of his Ma'tie Caused some 
Respite to the further Violences and Oppressions of the said Massa- 
chusetts, and they Conteyned themselves for the time within their 
Pretended Bounds, but noe sooner was that King of Blessed memory 
yo"" Royal ffather become a Sacrifise but they renewed their former 
Violencies, by Oppressing all the Other Collonies and designeing by 
encouragem* from some in England to Erect themselves into a 
Com'on wealth, and in Order to lay a foundation for this Power and 
Dominion which they now asspired unto, they thought it necessary to 
Extend their Bounds and spread into a Larger Territory, then as yet 
they had usurped, and that this Great Work might not be done with- 
out a Mask or Couler of Right they doe in an assembly held in Bos- 



MASOJ^IAN PAPERS GENERAL. 103 

ton the 19 of October 1652 seriousely 'ipuse tlie Grant (w''' had been 
Procured as aforesaid) and therein weighing the Words and tryeing 
what new sence they might beare more suteahle to their encrease 
of Power, they thought fitt at Lengtli to declare themselves mis- 
taken in what they had done in the Yeare 1631. when they erected 
Bound houses, and had for soe many yeares Confined themselves 
thereunto, whereas now bj^ the Help of an Imaginary Line, or 
Rather by a New Reason of State, there is a sence imposed by them- 
selves upon their Owne Words, and they stretch their Rights, to 
neer two hundred miles of Land Northward, and as much South- 
ward more then they were satisfyed withall before swallowing 
up yo*" Ma'ties Pet"" as Well as Others whose Properties were 
Established long before the said People had any being. And that 
they might give Execution to this Rigliteous Sentence, they Present- 
ly invade and b}' force of Amies Seize upon the Province of New 
Hampshire, and other lands of Right belonging to yo"^ Pef besides 
what they did to Others Compelling the Inhabitants to Sweare to be 
true to them and to Cast Off their Lawfull Loids, and such as 
Refused were either Ruined Bannished or Iminisoned, and any 
Appeales to Engl'' utterly denyed unto them, then the}^ Proceed to 
the Coyning of Money with their Owne Impress, Raiseing the Coine 
of England and acting in all matters in a most absolute and arbi- 
trary Way. And allthough yo' Pef^ by his Agent Joseph Mason, 
did demand Redress of the Generall Court of Massacluisetts sitting 
at Boston in 1652. Offering to make Out the Right and title of yo"^ 
Pet' to the Province of New Hampshire and other lands ag' all 
■^sons wliatsoever yet noe Restitution Could be Obteyned without a 
Submission to their authority, and to hold the lands from them 
which the Pet"^ then did Refuse, and hath allwaies Refused, Chuse- 
ing Rather to Waite for more hajipy times wherein to Expect releif 
then by a Legall Resignation of his Rights to those who had none at 
all, divest himselfe of what his Anchestors had Purchased at soe 
Deare a Rate: yo'" Pef haveing as Equall a Right to the Governm't 
in the said Piovince as he hath to the Land it selfe, all which 
appeares by a Report made to yo*" Ma'tie the 15'^ of ffebrur'ay 1661, 
when yo' Pef fiist Expos'd to yo' Matie the Opressions under which 
hee had soe long Groaned in the Evill times, and which greives him 
now much more to beare while hee has the Protection of soe Just 
and Gracious a Soveraigne to resort unto. 

Wherfore yo"^ Pet' most humbly implores Your Ma'tie to take 
notice tliat by a Plaine discovery of What ffraud in the Beginning 
and the lenghth of Trobled times has helped to Conceal The Bos- 
toners have noe Pattent of Incorporation at all, that yet they have 



104 CHAUTER KECORDS. 

Uuder Couller of Right and authority from The Crowne devoured 
yo'' Pet"^ and other Proprietors whose titles are by yo"" Ma'ties 
learned Couucell allowed as Strong as the Law Cann make them. 

That all Wales have been tryed and Methods Used to Obtayne 
Justice from the Bostoners, but all have Proved ineffectual!, that 
yo"^ Pef^* losses have been soe many and Great, and his Sufferings 
soe Continued, that hee Cannot any longer support the Burthen of 
them, And when yo"" Ma'tie will but Consider how small the Respect 
has been wherewith those People have treated yo'' Ma'tie since yo'' 
Happy Restauration, and what dayly Breaches are by them Made 
upon yo'' Ma'ties Acts of Navigation, which turnes soe greatly to 
the Detriment of this Kiugdome in Generall, These J^osses & suffer- 
ings of a '^ticular Subject cannot much be questional soe that Yo'^ 
Pet"^ humbly hopes that yo'' Ma'tie will think it high time to stretch 
forth yo'' Royall hand of Justice to assist yo'^ Pef that hee may have 
the quiet Possession of his Province and Reparation made him for 
the losses susteyned in such wayes and methods as the importance 
of the Case requi" and yo"" Ma'tie in yo"^ Royall Wisdome shall 
think most fitt. 

And yo'' Pef shall Ever pray 

Rob* Mason. 



Answer of Massachusetts to Mason and Gorges's complaints, etc., 
State Papers, Vol. 1, pp. H26-338. 



Abstract of Robert Mason's title, State Papers, Vol. 17, p. 533. 



[^Mepo7't on Mason's Petition.'] 

[Council Book, Vol. 1, p. 39.] 

To the Kinges most Excellent Ma According to yo'' Ma''" 

Refference uppon the Petition of Robert Maso hereunto An- 
nexed, bearing date, at Whitehall, the Seaventeenth of Novem 

heard the Claimes, and Complaints, of the Peticoners and also Sum- 
moned by Executed, att the Exchange, on the 21th day, of 

January Laste, against all in that Businesse, butt none ap- 
peared, butt Cap* Jn° Leverett, who acknowledged hee was 

Commissionated, as an Agent of the Corporac'on of Boston, in New 
that now, hee had noe Authority, to appeare, or Act on their 



MASONIAX TAPERS GENERAL. 105 

behalf, Uppou prodaceing of divers Letters Pattents, and 

Examinac'on of Witnesses, wee That Cap' Jn° Mason, Grand 

father to Robert Mason, one of the Petio'oners, and Godfrey, 

one other of the Pettic'oners by Vertne, of Severell, Letters Pat- 
tents, nnder the great Seale of England, Graunted unto them, and 

others, by y'' Ma'''"^ Late Koyall F themselves, and their as- 

signes, have beene, in Actuall, and quiet possession, of Sev 

Tracts, parsells, and Divissions, of Land, in New England, as in and 

by the Said letter is particylarly. Expressed, and that the Said 

Cap' Jn° Mason, and the said Edward Godfrey did Expend and lay 
out Considerable sum'es of money, in Settleing Plantac'ons, and 
Collonyes here That the Said, Edward Godfrey, hath lived there, 
for five, and Twenty 3'eares, haveing under gone and discharged the 
Office of the Governour, of the Province, of Mayne with much 
Reputac'on, of Integrity, and Justice, Indeavouring, the Regulac'on, 

and Govern of those parts, where hee dweels, according to 

the Knowne and Setled lawes, of this That Notwithstand- 

iniT' the said Edward Godfrey, hath not onelv beene turned out 

of his Said of Governour, butt hath beene Utterly ousted and 

dispossessed, of his lands, and Estate, in that w^" the inhabi- 
tants of the Massachusets have forcibly Seized, and still doe deteyn 

& That itt appeares, as well by Testimony of Witnesses as b}'^ 

a Coppie that they were not to act anything Repugnant to the 

Lawes of England, Nor their bounds and Liramits of the Said 

Reservac'on farther then three miles Northwards Merrymacke 

River, And as a Memorial, and P^vidence thereof, the Governour, of 

the did Set up, an house, about Thirty 3^eares Since, which is 

Called, the bound house, by that name, to this day, and with 

this Division, and assignement, or lott of land Inhabitants, and 

Pattentees, of the Said Corporac'on of the Massachusets, for 

the Space, of Sixteene yeares, together Untill about the yeare: 1652 

Enlarge, and Stretch theire Line, above three score Miles 

beyond their bounds aforesaid; And have thereby, not onely, 

Invaded, and Incioach Plantac'ons, and Inheritances, of the 

Petition'"% and other, yo"" Ma''*^' Sub Menaces, and Armed forces. 

Compelled them, to Submitt, to their usurped Government, 

which they have declared, to bee Independent, of this yo"^ Ma 

England, and not Subordinate thereunto. 

Itt appeares further, by the Witnesses, that the Collony of the 

massachusets many yeares past Endeavoured to Moddell, and 

Contrive themselves State or Common wealth, without any 

Relac'on, to the Crowne of Eng themselves, the name, and 

Stile, of a Common Wealth, Issuing names, Imposeing of 



106 CHARTER RECORDS. 

Taxes, to bee Lawe unto themselves, Contrary Coyneing of 

money, with their owne Stampo, and Signatures, Ex Power, 

over the Estates, and persons, of all such as Submit ment, 

allowing them noe Appeales, to England, and Some hath Pub- 

liqueh% to affirme, that iff his Ma"'^ should Send them, a and 

Churches, throughout the whole Country, under their Government, 
pose him, and others have saide that before they of New Eng- 
land, would submitt, to any Appeale to England, they would 

sell, that Country, or antac'on, to the King of Spaine. 

That by reason of the premisses, the Said Rob. Mason, and 
Edward Godfrey, have beene damnified, in their Plantac'ons, and 
Estates, to the Vallew of five Thousand pounds, according to the 
Judgm*, and Estimac'on, of Severall witnesses, Examined, in that 
behalfe. Butt by what pretense, of Right, or authority, the Massa- 
chusets have taken uppon them, to proceede, and Act in such man- 
ner, doth not appeare, to us. 

All which, wee most humbly represent, to yo'' Ma''^ in duty, and 
Obedience, to yo*^ Com'ands, not presumeing, to offer any opinion, 
in a buisnesse, of Soe high Importance, wherein the Publicque 
Interrest, and Government, of yo"" Ma^'" appeares, Soe much Inter- 
mixt, and Concerned, with the private Tnterrest, of the Petic'oners. 
Rob' Mason G : sweit 

Ja : Bunce Richard foxe 

Jh: Ecton Jo: Myles 

Tho : Povey 

[The dashes indicate places in the original that have been eaten 
off by mice. Ed.] 



[^Opinion of Sir Geoffrey Palmer^ Nov. 5, 1660.^ 
[Masonian Papers, Vol. 1, p. 6.] 

May it Please your most Excellent Majesty 

In "^Obedience to your Royal Command's according to your 
Majesty's Reference upon the Petition of Robert Mason hereunto 
annexed dated at Whitehall the 25"' of October last I have Con- 
sidered thereof and Examined the Title & Claim of the ^'etitioner 
to the Province of New Hampshire in New England, and do find 
that your Majesty's Royal Grandfatiier King James of ever blessed 
Memory did by his Highness Letters Patents, under the Great Seal 
of England bearing date at Westminster the third day of November 



MASONIAN PAPERS GENERAL. 107 

1620 ill tile Kighleeiitli Year of his Highnesses Reign for Sundry 
Reasons and Considerations therein Expressed, give, grant and con- 
firm unto several Persons of Honour, by the name of the Council of 
New England, their Successors and Assigns forever, all that part of 
the main Land in America lying between the Degrees of Forty & 
Forty Eight North Latitude to be held in fee as of the Mannor of 
East (Treenwieh in the County of Kent with many great Priviledges 
Royalties & Immunities under certain Conditions and Limitations 
in the said Letters Pattents expressed and that John Mason Esq"" 
Grandfather to the Petitioner b}' Vertue of several Grants from the 
said (/ouncil of New England under their Common Seal bearing 
date the 9'" day of March 1621. the 7'" day of November 1629. and 
the 22'^ April 1635. was Instated in fee of sundry great Tracts of 
Land in New England by the name of New Hampshire, to be 
Enjoyed as fully & freely to all Intents & Purposes whatsoever as 
the said Council of New England by Vertue of his Majesties said 
Letters Pattents may might or ought to have hold & enjoy the 
same, as by the said Several Grants it doth fully appear upon which 
said Several Grants I am of opinion that the Petitioner Robert 
Mason who is Grand son & Heir to the said John Mason hath a 
good & legal Right & Title to the Lands above Conveyed by the 
name of New Hampshire 

All which I do most humbly Certifie 

8^*^ November 1660.— ' G Palmer. 

The Original was delivered unto S" W™ Morrice, pincipal Secre- 
tary of State — 

Vera Copia Rich : Partridge Cler. 

Pro : of N. Hamp"^ 

Vera Cooia from the Superiour Court Records the 8'^ June 1704 — 

^ Theod^ Atkinson Cler. 

Copy of that on file in a Case Allen vs Lawrence tried 1704/5. 
Examin'd f Geo : Jaffrey CI 



Summary of the title of Robert Mason to New Hampshire, March 
5, 1674-5. State Papers, Vol. 17, p. 516. 



108 CHARTER RECORDS. 

[^Report of Attorney and Solicitor General^ May 17^ 1675.^ 
[Masonian Papers, Vol. 1, p. 7.] 

Alay it please your Lord''* 

In Obedience to yo' Lordi'** order of reference to us upon the Peti- 
tion of Robert Mason we have Considered thereof and Exam'* the 
title and Claim of the Petitioners to the Province of New Hamp- 
shire in New England and do find that his Maj"*^^ lioyall Grand- 
father King James of Ever Blessed memory by his highnesses let- 
ters pattents under the great Seale of England bearing Date at 
westmin'" the third day of November 1620 in the Eighteenth year of 
his highnesses reign for Sundry reasons & Considerations therein 
Expressed did Grant and Confirme unto Severall persons of Honour 
by the Name of the Councell of New England their Successors and 
assigns forever all that part of the maine land in America lying 
between the Degrees of forty & forty Eight North latitude to be 
held as of the Mannor of East Greenwich in the County of Kent 
with many great Privileges Royalties & Immunities under certain 
Conditions and limittations in the Said letters pattents Expressed 
and that John Mason Esq"" Grandfather to the Petitinor by virtue of 
Severall grants from the Said Councell of New England under their 
Com'on Seal bearing date the ninth day of March one thousand Six 
hundred & twenty the Seventh day of November 1629 & the 22'* day 
of Aprill 1635 was Instated in fee in Sundry Great Tracts of land 
in New Eugland by the name of New Hampshire to be enjoyed 
as fully & freely to all intents & purposes whatsoever as the Said 
Councell of New England by virtue of his raaf'* Said letters 
Pattents may might or Ought to have hold or enjoy the Same as 
by the Said Severall grants doth fully appear upon which Said 
Several conveyances we are humbly of opinion that the now Peti- 
tioners Robert Mason who is Grandson and Heir to the said John 
mason hath a good and legal Title to the lands above conveyed by 
the Name of the province of new Hampshire 

all which we humbly certify 

17'*' may W" Jones 

1675 Fra : Winnington 

a true Copy William Blathwaite 

The original was Deliv'* ) 
to S^ Rob' Southwell \ 

Vera Copia "^ Richard Partridge Cler — 

True Copy Exam'^ "^ B Gambling Clerk 



MASONIAN PAPERS GENERAL. 109 

[Endorsed] S^ W"> Jones att : Gen^ S' Fra : winnington SoV Gen^ 
y"" report concerning Rob"^ Mason his Title to the prov : of new 
Hampsh' in new England IT"* may 1G75 



[Judges^ Report. '\ 

[From manuscript volume in possession of Maine Historical 
Society, p. 65.] 

The Judges Report conserning the Tytle of Mason and George 

In obedience to your Lordships order wee appointed a day for the 
hearing of all p^'ties and considering the matters refferred haveing 
received from them Such papers of their cases as they were pleased 
to deliver. Att which time all parties as appearing the Respondents 
did disclaime Title to the Lands claimed l3y the Peticon"^* and it 
appeared to us that the said Lauds are now in the possession of 
seaveral other p'"sons not before us whereupon wee thought not fitt 
to examin any claimes to y'' said Lands it beeing in Our Opinion 
improper to Judge of any titles of Land w"' out hearing the Perten- 
ants or some other persons on their Behalf and if there bee any 
Courte of Justice upon the place haveing Jurisdiction wee esteemed 
it most proper to derect the parties to have a Recourse thither for 
the decision of any question of property untill it shall appear that 
there is just cause of complaining against y cours of Justice there 
for Injustice or Greivance 

Wee did in the presence of the said parties examine their seav- 
erall claimes to y® Governm' and the petic'on'' haveing weighed the 
pretence of a grant of governm* from y^ Counsell att plimouth 
wherein they where Convinced by there Own Counsell y' no such 
power or Jurisdiction could bee transferred or assigned by an}^ Col- 
our of Law 

The question was Reduced to the province of Maine whereto y* 
Peti'^ Gorges made his Title by a grant from King Charles the 
first in y^ 15® of his Raigne made to S'' ferdinando Gorges and his 
heirs of the province of Maine and the Government thereof In 
answer to this the Respondents alleadged that Long time Before 
viz in quarto Caroly prim the Governm* was granted to them and 
produced coppies of Letf* pattents wherein it is recited that y* 
Councell of Plimouth, haveing granted to Certaine persons a Terri- 
tory thus discribed viz: 

All that part of New England in America which lyes and extends 
between a great River there Commonly called Monomack and a cer- 



110 CHARTER RECORDS. 

taine other River there called Charles River beeing in a Bottom of a 
certain Bay there called Massachnts Bay and also all and singnler 
the Lands and hereditaments whatsoever Lying and beeing within 
the space of three Engl : miles on the south part of the said Charles 
River or any or every Part thereof, and also all and singular the 
Lands and Hereditaments whatsoever lying and beeing within the 
space of three English miles to the Southwards of the soiithermost 
part of tlie said Bay called Massachusetts Bay and all ihose Lands 
and Heriditaments whatsoever which lyes and bee within the space 
of three English miles to the norward of the said River called Mono- 
mack als Merrimack or to the norward of any and every Part there- 
of and all lands and Heridatements what soever lying within the 
Limmits aforesaid North and south in Latitude and Breadth & in 
lenght and Longitude of and withall the Breadth aforesaid throw- 
out y^ Maine Lands there from the Atlantick and western Sea and 
Ocean on y® East pt to y" South sea on y*" west 

By the said Letters patents the king Confirmed that grant made 
them a Corpe ration and gave them power to make Laws for Gov- 
erning of the Lands and people 

The Grant of the Government can extend no further then y*^ own- 
ership of y*' soyle the Boundereys of which is recited in the patent 
wholy excUided the province of Main which lyes norward more then 
3 miles beyound the River Marmack. 

Wee have Considered the Matters and Doe humbly Conceave as to 
the first Matter that the patent before Caroli p'"° is good not with- 
standing they are not made in 18 Jacoby for it appeared to us in the 
Recitall in y^ Patent 4 Caroli p"'° that the Councell of P]im° had 
granted away all their Litrest in the Lands the year before and it 
must bee presumed they deserted y*' Govern mt. whereupon it was 
Lawfull and necessary for the King to establish a sutable forme of 
Governmt. according to his Royall wisdome which was don by that 
Patent of 4 Caroli p""" extend no further then the Boundereys Ex- 
pressed in the Patent and those Boundereys cannot bee continued to 
extend further norward then the Marmack River then 3 English 
miles 

ffor the North and South Bounds of the Lands granted so far as 
the River extends are to follow the Course of the River which 
makes the Breath of y^ Grant and the wordes discribing the Lenght 
to Comprehend all the Lands from the Atilantick Oacian so to the 
South Sea and is in all the Breadth aforesaid doe not containe 



10 March 
75-6 



MASONIAN PAPERS GENERAL. Ill 

[^Letter from Khuj to 3fassa<-Iiusetts Government^ March 10, 167o-6'.1 

[From manuscript volume in possession of Maine Historical 
Society, p. 49.] 

Charles R. 
Trusty and Welbeloved Wee greet you well. Wee 
have been for a long time sollicited by the Complaints 
of Our Trusty and Welbeloved Subjects Robert Mason 
and fferdiiiando Gorges Esq''*' to interpose Our Royall 
authority for their releif in the matter of their (.'laimes 
and Right pretended by them to the Two provinces of 
Neivliampshire and Main, in Our Territory of New Eng- 
land, out of the possession whereof they are ke[)t as 
they alleadge by the violence and strong hand of Our 
Subjects the people of Boston and others of the Massa- 
chusets Colony. The said petitioners have presented 
unto Us a very long deduction of all proceedings from 
the begining, as well in proof of their demands, as of the 
hardshipp they have undergone and upon debate of these 
matters before Us in Conncill, Wee think it high time to 
affoord a Solemne hearing to the Complaints of Our 
Subjects, and to see that Justice be Equally administred 
to all. But for asmuch as no man hath appeared before 
Us to make answer in behalf of the said people Our Sub- 
jects who are now under your Command, and that it is 
not agreable to Our Royall Justice to conclude any thing 
on the hearing of one side without the other be called, 
Wee have therfore directed that Coppies of the Two 
petitions presented unto Us be transmitted herewith 
unto yon. That you may see and know the matters 
they contain, and show cause why Wee should not 
afford the Petitioners that Releif which is prayed for by 
them Therefore Wee doe by the Advice of Our said 
Councill hereby Command that you send over Agents to 
appeare befoi-e Us in Six Moneths after yo"" Receipt of 
these Our Letters, Who being fully instructed and Suffi- 
ciently impowied to answer for yon may receive Our 
Royall Determination in this matter depending for 
Judgement before Us. And to the end these Our Gra- 
cious intentions for doing Equall Justice to all parties 
may be the better effected without any delay or frustra 
tion Wee have thought fitt and doe hereby require and 



112 CHARTER RECORDS. 

Command That this Our Letter together with the fore- 
mentioned petitions herewith transmitted to you be read 
in publiek and full Councill And that Edward Randolph 
by whom Wee send Our said Letter with the petitions 
be admitted into the Councill to heare the same read 
there, he being by Us appointed to bring Us back yo"^ 
Answer, or render Us an Account of yo"^ proceedings in 
this matter. And soe Wee bid you farewell Given at 
Our Court at Whitehall the 10'" day of March 167§ in 
the Eight and Twentieth year of Our Reign/. 
By his Maj'^''* Command 

H. Coventry 
To Our Trusty and welbeloved 
the Governor and Magistrates 
of Our Towne of Boston 
in New England. 



Depositions of Edward Johnson and William Seavey, Aug. 25 
and Sept. 3, 1676, State Papers, Vol. 17, p. 521. 



Extract of letter from Gov. Leverett to the Lord Chancellor of 
England, Oct 22. 1677, State Papers, Vol. 1, p. 349. 



Petition of Mason and Gorges for a separate government for 
Maine and New Hampshire, Jan. 9, 1677-8, State Papers, Vol. 17, 
p. 529. 

\_Letter from King to Massachusetts Government^ July £^, 1679.\ 

[From manuscript volume in possession of Maine Historical Soci- 
ety, p. 50.] 

Charles R. 
24 July Trusty and Welbeloved Wee Greet you well These Our 

Letters are to accompany Our Trusty and Welbeloved 
William Stoughton and Peter Bulkley^ Esq" yo. Agents, 
who having manifested to Us great necessity in their 
Domestick concerns to returne back into New England, 
Wee have graciously consented thereunto, and the rather, 
because for many moneths past Our Councill hath been 



MASONIAN PAPERS GENERAL. 113 

taken up in the discovery and prosecution of a popish 
Plott, and yet there appears little prospect of any Speedy 
leisure for entring upon such Regulation in yo"" affaires as- 
is certainly necessary, not only in resi)ect of Our dignity, 
but of your owne perfect settlement. But it is very 
probable, that if either yo' said Agents had brought Com- 
mission to intermeddle in such Regulation (which they 
have disowned) or that you had sent such Commission 
after them, when from time to time intimations were 
given them of what Wee did expect, and what Wee were 
thereupon willing to Grant neither their stay had been 
thus long, nor had the matter been now undetermined^ 
Wee must therefore attend a further opportunity for this 
work. And in order thereunto Our will and pleasure is 
That yon choose out such other fitt person or persons; 
duly instructed by you, and send them over in Six 
moneths after the receipt of these Our Letters that they 
may here attend Us in the prosecution of the Same, ffor 
since the Charter by its frame and constitution was origi- 
nally to be Executed in this Kingdome, and not in New 
England, otherwise then by Deputation (as is accordingly 
practised in all other Charters of like nature) it is not 
possible to establish that perfect Settlement Wee soe 
much desire, untill these things are better understood. 

In the meantime Wee doubt not but the Bearers 
hereof, who have demeaned themselves during their 
attendance here with good care and discretion, will from 
their own observations acquaint you, with many impor- 
tant things which may be of Such use and advertisement 
to you, that Wee might well hope to be prevented by yo'' 
applications in what is expected or desired by Us, so 
much it is yo'' interest to propose and intercede for the 
same, ffor Wee are graciously inclined to have all past 
errors and mistakes forgotten, and that yo"^ condition- 
might be soe amended as that neither yo'' Settlement, or 
the minds of Our good Subjects there, should be liable to 
be shaken and disquieted upon every Complaint. Wee- 
have heard with satisfaction of tlie great readyness 
wherewitli Oui- good Sid)jects there have lately offered 
themselves to the taking of the oath of Allegiance, which' 
is a cleer manifestation to Us, That the unanswerable 
defect in that particular was but the fault of a very few 
in power, who for soe long a time obstructed what the 



114 CHARTER RECORDS. 

Charter and Onr Express Commands obliged them unto, 
as will appear in Our Gracious Letters of the 28"* June 
in the ffourteenth year of Our Reign, And Wee shall 
henceforth expect, that there wilbe a sutable obedience 
in other particulars of the said Letter, as namely in 
respect of ffreedome and liberty of Conscience, soe as 
these who desire to serve God in the way of the Church 
of England, be not thereby made obnoxious or discounte- 
nanced from their sharing in the Government, much less 
that either they or any other of Our good Subjects (not 
being papists) who doe not agree in the Congregationall 
way, be by Law Subjected to ffines or fforfeitures or other 
incapacities for the same, which is a Severity the more to 
be wondred at, when as Liberty of Conscience was made 
one priucipall motive for yo"" tfirst transportation into 
those parts. 

Nor doe Wee thiuk it fitt, that any other distinction 
be observed in the making of ffreemen, then that they 
be men of competent estates i-ateable at Tenn shillings 
according to the Rules of the place, and that such in 
their Turns be also capable of the Magistrac3s and all 
Laws made void that obsiruct the same. And because 
Wee have not observed any fruits or advantage by the 
dispentatiou granted by Us in Our said Lett"^* of June in 
the ffourteenth 3'ear of Our Reign, whereby the Number 
of Assistants setled by the Charter to be Eighteen might 
be reduced unto the Number of Tenn ()ur will and 
pleasure is that the ancient number of Eighteen be hence- 
forth observed according to the Letter of the Charter 
And Our further will and pleasure is that h11 persons 
coming to any privilege Trust or Office in that Colony 
be fiist enjoined to take the Oath of Allegiance, And 
that all the Military (Commissions as well as the proceed- 
ings of Justice may run in Oar Royall Name/. 

Wee are informed that you have lately made some 
good provision for observing the Acts of Trade and Nav- 
igation, which is well pleasing unto Us, and as Wee 
doubt not and doe expect that you will abolish all Laws 
that are repugnant to, and inconsistent with the Laws of 
Trade with Us, Wee have appointed Our Trusty and 
wellbeloved Subject Edward Randolph Esq"^ to be Our 
Collectoi- Surveyor and Searcher, not only for that Col- 
ony, but for all other Our Colonies in New England, con- 
stituting him by the Broad Seal of this Our Kingdome to 



MASONIAN PAPERS GENERAL. 115 

the said Imployments, and therefore recommending him 
to yo'" help and assistance in all things that may be requi- 
site in the discharge of his Trust./ 

There is one thing which Wee cannot omitt to lett you 
know Wee are Sur])rised att, which is That during the 
time Wee had the Complaints of M' Gorges under Our 
consideration, you should presume without asking Our 
Royall permission to purchase his Interest in the p)'ovince 
of 3Iaufe, the Truth whereof is but latel}^ owned by yo'' 
said Agents, when all most at the same time Wee come to 
heare of some Effects of a Severe hand laid by 3'ou on Our 
Subjects there, in consequence therof. And whereas yo*" 
Agents declare you have paid to M"" Gorges the Summ of 
Twelve hundred pounds lor the said jjrovince. Wee doe 
Expect upon Our Reimboursement of what it shall appear 
you have paid for the Same That there be a Surrender of 
all Deeds and Writings therof made into Our hands, and 
that your future Agents doe bring them over, for as 
much as Wee were sometime in treat}* for the said prov- 
ince, and doe disapprove what you have done theriu. 
And as for that part of the province of Newhampshire 
lying Three miles Northward of Merrimack River, which 
was gi-anted unto M'' Mason, and wherof the Govern- 
ment remains still vested in Us, i/ou are not to expect 
(according to the desire of yo'' Agents) that the same 
should he annexed to yd' Government^ ffor W^ee have it 
under Our consideration, how to establish such method 
there as may be of most benefitt and satisfaction to Our 
good Subjects of that place. And therefore Our will and 
pleasure is that you doe lecall all Commissions granted 
by you for Governing within that province, which Wee 
doe hereby declare to be void, and doe require that you 
doe in all things for the future conforme yo' selves unto 
the Resolution which Wee have taken in this behalf. 
And soe not doubting of yo*^ Duty and Obedience herein 
Wee bid you ffarewdl Given at Our Court at Whitehall 
the ffour and Twentieth day of July 1679 in the One and 
Thirtieth year of Our Reigne/. 

By his Maj'* Command 
To Our Trusty and well- Sunderland 

beloved the Governor 
and Company of the 
Massac hu sets Bay 
in New England/. 



116 CHARTER RECORDS. 

" M"" Gorges Selling the Province of Maine to y'= Massachusetts & 
overtures to M'' Mason from y* Colony for New Hampshire," March, 
1679-80, State Papers, Vol. 17, p. 538. 



Petition of Robert Mason, received Aug. 6, 1680, State Papers, 
Vol. 17, p. 540. 



\_Letter from the King to the Massadmsetts Government, Sept. 30, 

1680.] 

[From manuscript volume in possession of the Maine Historical 
Society, p. 53.] 

Charles R. 

30 Sept Trusty and Wellbeloved Wee greet you well. When 

32 Car, 2 by Our Royall Letters bearing date the 24"' day of July 
in the One and Thirtieth year of Our Reign. Wee sig- 
nified unto you Our gracious inclination to have all past 
errors forgotten, setting before you the means whereby you 
might deserve Our pardon, and commanding yo' ready obe- 
dience to Severall particulars therein contained, requiring 
with all a speedy complyance with the intimations of 
your duty given to yo' late Agents during their attend- 
ance here, all which Wee esteem essentiall to yo"^ quiett 
settlement and naturall obedience due unto Us, Wee 
then little thought those marks of Our Grace and favour 
should have found no better acceptance among you, but 
that before all other things you should have given pref- 
erence to the Execution of all Our Commands, when 
after soe many moneths Wee come to understand by a 
Letter from you to One of Our principal Secretaries of 
State dated the 21'^ of May last, that very few of Our 
directions had been pursued by yo'' Generall Court, the 
further consideration of the lemaining particulars having 
been putt off upon insufificient pretences, and even 
wholly neglecting your appointment of other Agents, 
which were required to be sentovei' unto Us within Six 
moneths after the receipt of Our said Letters with full 
Instructions to attend Our Royall pleasure here in rela- 
tion to that Our Government. Wee have also received 
the petition of Our Trusty and Welbeloved Robert Mason 
Esq', whose Ancestors obtained diverse Grants and made 



MASON IAN IVVrERS GENEKAL. 117 

large purchases of Land in New England, humbly laying 
before Us the State of his further pretensions to the pro- 
priety of Soyle in a Tract of Land lying between Merri- 
mack and Naumkeck Rivers by virtue of a Grant bearing 
date in the Nineteenth year of the Reign of Our Royall 
Grandfather. In the Examination whereof the Lords 
of Our Committee of fforreign phmtations had made such 
a progress, that the right of Our Subjects had allready 
been therupon setled, without the humble intreaty of 
yo'' said Agents, and consent of the said Robert Mason, 
That in regard of their suddain departure, and want of 
powers in that behalf, the determination thereof might 
be suspended untill the arrivall of other Agents to be 
appointed, according to the limitation of Our said Letters, 
as yo"^ Agents were able to informe you. And allthough 
the vindication of Our Authority and the demand of Jus- 
tice from one of Our Subjects might have well induced 
Us to the most Speedy means of redress by doing Lis and 
Our Subjects right, Wee have nevertheless continued 
Our Royall Clemency towards you and thought fitt to 
give you further opportunity of bearing evidence of yo' 
duty towards Us, soe as no further occasion of complaint 
may be offered in respect of yo' behaviour. Wee doe 
therefore by these Our Letters strictly command and 
require you, as you tender yo'" allegiance unto Us, and 
will deserve, the effects of Our Grace and favour (which 
Wee are inclined to afford you) seriousl}^ to reflect upon 
Our Commands contained, in Our said Letters and other 
directions at severall times intimated unto yo'' late 
Agents, while they were yett attending Our Councill, 
and particularly Wee doe hereby command you to send 
over, within Three moneths after the receipt thereof, 
such other person or persons as you shall think fitt to 
choose, and that you give them sufficient Instructions to 
attend the regulation and Settlement of that Our Gov- 
ei-nment, and to answer yo'' proceedings therein. And 
that the matter of Complaint of the said Robert Mason 
may be then determined, Wee expect that yo'' Agent or 
Agents be not onely prepared to lay before Us such Evi- 
dences of Right, as you may Itave to the proi?riety of Soyle 
in that Tract of Land chiimed by him, but Wee direct 
you also to make a publick signification of Our pleasure 
unto all the Inhabitants and Tertenants thereof, that they 



118 CHARTER RECORDS. 

doe furnish at the same time yo"^ said Agents, or such 
others, as they may depute with the proofs of their 
respective titles to the Land possessed by them, to the 
end they may be full}'- satisfied in Our Roj^all Justice, 
that the}'^ have not been prevented in the full improve- 
ment of their lawfuU defense, which Wee hereby direct 
them to make before Us in Conncill, such is the care and 
tenderness, that Wee will always continue towards you, 
and other Our Subjects, by removing those difBculties 
and mistakes, that have arisen by the Execution of the 
powers of yo"" Charter, at such a distance from Us, which 
by the first intendment and present constitution thereof 
(as by the Charter appears) has its natural seat and imme- 
diate direction within Our Kingdome of England, And 
that the due observance of all Our Commands above 
mentioned may not be any longer protracted. Wee 
require you upon Receipt hereof forthwith to call a Gen- 
erall Court, and therein to read these Our Letters, and 
provide for Our speedy satisfaction, in default whereof. 
Wee shall take the most effectual means to procure the 
same. And soe Wee bid you ffarewell. Given at Our 
Court at Newmarkett the SO'*' day of September 1680, in 
he Two and Thirtieth year of Our Reign/. 

By his Maj'^ command 

Sunderland. 
To Our Trusty and 
Welbeloved the 
Governor and Magistrates of 
the Massachnsets Colony in 
New England now and for 
the time being/. 



[^King's Instructions, Oct. i, 1680.^ 
[Masonian Papers, Vol. 1, p. 8.] 

Charles R not being in the Province Book 

Trusty & welbeloved wee greet you well whereas we have thought 
fit to take into our Especial care & Protection our Province of New 
Hampsh'' and Provide for its Prosperity and good Government and 
the Setlement of the Estate, and Possessions of our good Subjects 
there and that for the Avoiding any Suits or Contentions in matter 



MASONIAN PArEKS GENERAL. 119 

of title iuid ilie dt'tenuiiiiiig Any demands which Might be made by 
our well beloved iSubjet't Rob' Mason Esq' as Pro|)iietoi- under us of 
that Province by virtue of a Grant derived from Our Royal Grand- 
father King James undoi- the great Seal of England we have So 
Composed all Matters with him that for the time passed untill the 
24"' day of June 1679 he Shall not Claim or Demand any rent dues 
or arrears whatsoever and for the future he his Heirs or Assigns 
Shall receive only Six pence in the Pound yearly of Every Tennant 
by way of Quit Rent according to the true & just yearly value of 
what is improved by Any of the Inhabitants as is more fully 
Expressed in Our Commission under Our great Seal bearing Date 
the 1^"' day of September in the One and thirtieth year of our reign. 

And Whereas the Said Rob' jNIason hath humblv Signified to us 
that he is preparing to transport himself for the taking care of his 
affairs and intrests in the Said Piovince & for the giving a secure 
and legal Confirmation of the estates of such persons as are now in 
possession but without any right or legal Title to the same and he 
being a Person whom we have esteemed useful to our Service as he 
is chiefly concerned in the welfare of that our Province we have 
further thought fit to constitute and appoint him to be one of oui' 
Council therein and we do hereby order and require you our Presi- 
dent and Council that immediately after his arrival you do admit 
him one of our Council of our Province of new Hampshire he first 
taking the oaths enjoyned in our said Commission — 

And we do further requiie you & him that you do betake your 
selves to such discreet and equitable ways and methods in your 
Proceedings agreements and Settlements for the future that there 
may be no occasion of Complaints to our Royal person and author- 
ity here. We being lesolved to discountenance all such as shall wil- 
fully or unnecessarily avoid f)r delay the submitting to those deter- 
minations which may be reasonably decreed according to Justice 
and good Conscience which you are to signify to all our good Sub- 
jects within our s'' Province that they may govern themselves 
accordingly — and so we bid yon heartily farewell 

Given at our Court at newmarket the first day of October 1680 in 
the two & thirtieth year of our Reign 

By his majesty's Com'and 

Sunderland 

To our Trnsty & well beloved the President & Council of our 
Province of new Ilamp"^ in new England 

The above is a true Copy as it stands recorded in the Council 
Book of the Province of new Hampsh'" Examined this 12"' day of 
august 17U7 



120 CHARTER RECORDS. 

Charles Rex above not being in the Council Book 

■^ me W" Vaughan Record'' 
True Copy Exam'^ f B Gambling Clerk 



Appointment of Richard Otis as steward, March 22, 1680-1, State 
Papers, Vol. 1, p. 429. 



Richard Chamberlain's report to the Lords of Trade and Planta- 
tions describing the organization of the provincial government, etc., 
May 16, 1681, State Papers, Vol. 17, p. 546. 



Letter from the council of New Hampshire to the king, May 31, 
1681, State Papers, Vol. 17, p. 552. 



Petition of Robert Mason against the council of New Hampshire, 
read Nov. 10, 1681, State Papers, Vol. 17, p. 559. 



[^Extract from Gov. CranfieUVs Commission., May 5, 1682.'] 
[Masonian Papers, Vol. 1, p. 10.] 

L' Gov"" Cranfeilds Commission from King Charles the 2*^ in the 
Sl'*^ year of his Reign 

And whereas Severall of the Inhabitants of the Said Province of 
New Hampshire have been Som time &, now are in the Possession of 
Severall Quantitys of Land & are Said to have made Considerable 
Improvements therein having no Title for the Same or Such Pre- 
tended title only as hath been Derived from the Government of the 
Massachusets Bay in vartue of theire Imaginary Line which Title 
as it hath by the opinion of our Judges in England been all Together 
Sett aside soe y^ Agents Duly impowred b}' our said Collony of y® 
Massachusetts Bay have Consequently Disowned Any Right Either 
in the Soile or Government there of from the three Milles line afore 
said and itt Appearing unto us that y® Ancestor of Rob" Mason 
Esq"" obtained Grants from Our Great (youncill Established att Ply- 
mouth for the Tract of Land Aforesaid & were att very Great 



MASONIAN PAPERS GENERAL. 121 

Expence upon the Same Untill Molested & finally Driven out Such 
hath Occasioned a Lasting Coini)laint for Justice by the said Rob" 
Mason Ever since our Restoration however to Prevent in this Case 
Any unreasonable Demands which Might be Made by the Said 
Rob'' Mason for tiie Right he Claims in the said Soile wee have 
oblidged the said Rob" Mason under his hand & Scale to Declare 
that he will Demand Nothing for y*^ time past which was in the 
year of our Lord God untill the 24"' Day of June 1(379 Nor Molest 
any in their Possession for y'' time To com but will Make out titles 
to them & their heirs for Ever Provided that they will Pay unto 
him upon a fair Agreement in Lieu of all other rents Six pence in 
the Pound According to the Just and true yearly value of all Houses 
built b}^ them & of all Lands whether Gardens Orchards Arable or 
Pastire which hath been Improved by them which he will Agree 
shall be boundeil out unto Every the persons Concerned & that the 
Residue may Remaine unto Himself To be Disposed for his Best 
Advantage but If not withstanding y® said overture from the Said 
Rob' Mason which Semes to be fair unto us Any of y*^ Inhabitants 
of the s' Province of New Hampshire shall refuse to Agree with the 
said Rob' Mason or his Agents upon y^ tearmes aforesaid our will 
& Pleasure Is that you shall have Power & you are hereby impowred 
to interpose & Reconcile all differences If you Can that shall or 
ma}' arise between y* S"^ Rob' Mason & the inhabitants But If you 
Cannot Then we doe hereby Command & requier you to Send unto 
England Such Cases farl}"- & Impartially stated together with your 
opinion & Reasons upon the same that soe wee our Heirs & Succes- 
sors by & with advise of our & their Privy Councill May Determine 
therein According to right — 

Part of L' Gov"" Cranfields Commission as on file In Allen & Wal- 
drons Case formerly Tryed 

Copia Vera y*" 5'" Novem' 1707 

Test Theodore Atkinson Cle"^ 

The above is a Copy of that on file in a Case Allen v^ Waldron 
Examin'i f Geo : Jaffrey j^ Cle: 



[^Kinff^s Proclamation^ June 23^ 1G82.'\ 

[Council Book 1, p. 47.] 

Charles R. 
Trusty & Welbeloved We greet you wel. There having been long 
depending before Us the Petic'on & Complaint of Our Trusty & 



122 CHARTER RECORDS. 

Welbeloved Subject Robert Mason Esq"^ representing y"" great hard- 
ships & injuries he has for many years suffered by being opposed in 
y* prosecution of his right by Our Corporation of y*^ Massachnsets 
Bay, and by them wrongfully kept out of possession of a Tract of 
land lying between y** Rivers of Naumkeck and Merrimack, & three 
miles Northward thereof, granted unto him by vertiie of Letters 
Patents from Our Royal Grandfather of Blessed memory : And 
whereas We have received the Opinion of Our Attorny & Sollicitor 
general, that y^ said Rob*^ Mason, who is Grandson & heir of John 
Mason, has a good and legal Title to y® Lands convey'd to him by 
y® name of the Province of New Hampshire, whereupon We were 
pleased to referr y" matters in difference between Our said Cor- 
porac'on and the Complainant unto y^ Lords Chief Justices of Our 
Courts of Kings Bench & Coni'on pleas, who have presented Us 
with their Report, setting foi-th, that all Parties appearing before 
them, William Stoughton & Peter Buckley Esq"^* your Messengers 
& Agents had disclaimed Title to y*' Lands claimed by y'' Petic'on''; 
And that it appearing to them that y*^ said Lands were y" in y^ pos- 
session of several other persons not before them, so they esteemed it 
most proper to dii-ect y*^ Parties to have recourse to the Judicature 
setled upon the place for y*^ decision of any Question of propertie, 
until it should appear that there is just cause of complaint against 
Our Courts of Justice there for injustice or greevance. To y^ end 
therefore that Justice may be administied with y^ most ease ; and 
y'^ least expence to all y*" sd Parties who shal see cause to defend 
their respective Titles, We have thought fit hereby to signify Our 
Pleasure unto you, that y" s'' Robert Mason be forthwith admitted 
to prosecute his Right before y*^ Courts of Judicature established 

limits of that Our Corporac'on : & that in all cases Mason 

shall claim any improved Lands, & that y*' shal dispute his 

Right, a Trial at Law may b wherein no "^son, who has any 

Lands in y^ servants or tenants under him depend which 

such person shall be so impl And that if it shal so happen, that 

y^ dispensation of Justice hereby directed shal be delayd by you ; or 
such judgment given, wherein y'' s'' Robert Mason shal not acquiesce, 
he may y" appeal unto Us in Our Privj^ Councel ; & that all '^sons 
concerned be obliged to answer such appeal within y^ term of Six 
months after y^ same shal be so made And for as mnch as Yo"" sd 
Messengers have in yo*^ name disclaimed before y® Lords Chief Jus- 
tices as aforesd, all title to y^ Lands claimed by the sd Rob* 
Mason, Our further Wil & Pleasure is. That in* case y" said Rob' 
Mason shal lay claim to any |?cel of Lands situate within the bounds 
aforesd, whicli are not improved or actually possessed by any partic- 



MASONIAN PAPERS GENERAL. 128 

ular '^son or tenant in his own ri^lit, you do thereupon proceed to 
put y^ sd Rob' Mason into y'" possession of those Lands, & cause his 
Title to be recorded, so y' he may not receiv any further disturbance 
thereupon. And in case you shal refuse so to do, & shal not show 
good cause to y'' contrary within y® space of Six niontiis after 
demand of possession so to be made by y** sd Kob' Mason, We shal 
then without further delay take y* vvhole Cause of y*^ sd Rob' Mason 
into Our considerac'on in Our Privy Councel, with the damages 
sustained by him by reason thereof, & shal give Judgm' upon y^ 
whole matter as in a cause where Justice has bin denied. And to y^ 
end y*" sd Rob' Mason may not be any ways hindred in y** prosecu- 
c'on of his right. We do strictly charge & com'and you to secure 
him, his servants & agents from any arrests & molestations w'soever 
during his or their aboad within y** limits of yo' Jurisdiction, We 
having granted him Our Royal Protection until y® matters com- 
plain'd of by him shal be fully determined And so expecting yo"" 
ready obedience to Our Com'ands heieby signified unto you, We 
bid you farewel. Given at Our Court at Whitehall y^ 23"" day of 
June 1682 in y*^ ffour & thirtieth Year of Our Raign. 

By His Maj''* Command 

L : Jenkins 

Superscr. To Our Trusty & Welbeloved y*' Govern*" & Company 
of Our Colony of y® Massachusets Bay in New England. 

Vera Copia from y^ Original mined by it being left in 

ds by Rob* Mason Esq"^ 

Chamberlain ?ecr 



Prov*^^ of New Hampsh"^ 

[The dashes indicate places in the original that have been eaten 
off by mice. Ed.] 



Answer of Elias Stileman and others to Mason's claim, Nov. 15, 
1682, State Papers, Vol. 1, pp. 509-514 



Nathaniel Weare's first complaint against Gov. Cranfield, State 
Papers, Vol. 1, pp. 515-519. 



124 CHARTER RECORDS. 

\_Stateme7it of Richard Chamberlain^ 1683J] 
[Council Book 1, p. 77.] 

New Hampsh \ I Richard Cliamberlain Esq' Just P. for His 
in > Ma*' said Province, do humbly certify, That 

New England. ) William Vaughan of Portsmouth in the sd 
Province Esq^ & Rich'* Waldron of Portsm'^ aforesd March* on the 
ffirst day of November instant, came to me to make oath in relation 
to M"^ Masons conveyance (to the Govern') of this Province Which 
I was ready to take, having bin appointed thereto by the Governor 
according' to the Letter of the Right Hon^''" the Lords of the Com- 
'ittee for Trade & Plantations. And the Copy is the 

matter & substance of what they sd they would depose ; save only 
the last words (but for what term they do not remember:) Which, 
because I told them, was necessary to be inserted in their Deposition, 
I having asked them (for y*" clearing of Truth) for what term y* 
Conveyance was, and whether absolute, or coudic'onal, and they or 
one of them answering he had forgot ; They both left the room 
imediately, refusing to be sworn. And notwithstanding I was 
ready & made it ray sole business, both to give the Complain'* 
Copies of any Records or Papers in my custody w*soever they should 
desire, (& had so done to several of them,) as also to take the Depo- 
sitions of many of y™, sum'oned h near at hand ; yet not one of 
them offered to be deposed as Witnesses, but went away presently 
with the sd Vaughan & Waldron. Besides, They have not since made 
any CompP to the Govern"^ nor proceeded to make any other proof. 
And the Governor Ordered me to tell them when they should come to 
me again, y' they should have Copies of the abovesd Conveyance to y® 
Govern'^ from M'^ Mason, for payment of 150' 1^ an for 7 years toward 
his allowance, y^ sd Deed bearing date y* 20"' June 1682. And the 
Govern'^ doth remember, he told some of them the Term for which 
the sd Mason conveyed the sd Province, was for One & twenty 
years. 



Letters from Gov. Cranfield to Commissioners of Trade and 
Plantations, Dec. 1, 1682, State Papers, Vol. 17, pp. 570, 575, 578, 
680,591,592. 

\^Deed^ Mason to G-eorge Broughton and others, April 12, 1683.^ 

[Council Book 1, p. 38.] 
This Indenture made the Twelfth day of April in the ffive & 



MASONIAN PAPERS GENERAL. 125 

thirtieth year of the Raygn of our Soveraign Lord Charles the 
Second by y^ grace of God King of England Scotland ffrance & Ire- 
land Defender of the ffaith, &c A'oq D'ni 1683 Between Robert 
Tufton=Mason Esq"" Proprietor of y® Province of New Hampshire 
in New England of one part And George Bronghton of Berwick in 
the Province of Main Gent Ri<ihard Otes of Cacheecha within the 
p^'sent reputed precincts of Dover in the sd Province of New Hamp- 
shire Blacksmith And James Chadborn of Barwick aforesd Car- 
pentar of the other part WITNESSETH that Whereas the sd Robert 
Tufton=Mason by vertue of a Grant from King James of ffamous 
memory in the Eighteenth year of His Raign Is instated in fee of 
All those Lands Islands & Rivers lying between y*' Rivers of Naum- 
kege & Pascataqua called New Hampshire And of all Rights Royal- 
ties & Preheminences within the same Now this Indenture further 
WITNESSETH, That the sd Robert Tufton=Mason for divers good 
causes & considerac'ons him thereto especially moving hath granted 
bargained sold infeoffed & confirmed And hereby doth grant bargain 
sell infeoif & confirm to the sd George Broughton Richard Otes & 
James Chadborn their heirs & assigns All that Tract of land lying 
& being at the Salmon falls within the Precincts of Dover so 
reputed on the West side thereof To begin below the sd ffalls & 
adjoin'g to Edward Taylours land And to run in length up the 
River three hundred & sixty Pole to the Northwest And in 
breadth one hundred & twelv Pole Containing by estimac'on Two 
hundred & fifty six acres Excepting out of the p'misses a conven- 
ient Path or high way for com'on use if it shall be found needfuU 
Also Excepting & reserving out of this present Grant to y'' s'^ Rob' 
Tufton=Mason his heirs & assigns All Mines & minerals that shall 
be found or be within y*" p'^misses hereafter And all Pine trees fitting 
for masts of ships of ft'our & twenty inches through to be measured 
ten foot from the ground To have & to hold the said Tract of land 
(except before excepted) to the said George Broughton Rich'' Otes 
& James Chadborn their heirs & assigns To the only use and behoof 
of them their heirs and assigns for ever yielding & paying therefore 
yearly & every year for ever to the sd Robert Tufton=Mason his 
heirs & assigns the annual Rent of Ten shillings of lawful mony cur- 
rant in New England And One shilling for every Dwelling house 
(more then ffour) that is or shall be built upon the premisses On 
the ffeast of S' John Baptist and y^ Nativity of our Lord God by 
equal porc'ons Without any abatement of defalcac'on whatsoever 
The first paym' to be made on the said ffeast of S' John Baptist or 
the Nativity of our Lord God which shall first happen after the 
determinac'on of the interest or Mill grant granted by the said 



126 CHARTEll RECORDS. 

Robert TuftoD=Masoii to the sd Broughton Otes and Chadboru by 
Indenture bearing even date herewith And if it shall happen the 
said an'ual Rent of Ten shillings and one shilling or any part thereof 
to be behind and unpaid by the space of twenty days next after 
either day of payment aforesd being lawfully demanded Then the sd 
George Broughton Richard Otes & James Chadborn their heirs & 
assigns shall forfeit & pay to the said Robert Tufton==MHSon his 
heiis & assigns Double the mony so behind and unpaid. And the 
said Robert Tnfton=Mason for himself his heirs & assigns doth 
hereby covenant with y" sd George Broughton Richard Otes & 
James Chadborn their heirs and assigns That he the said Robeit 
Tufton=Mason his heirs and assigns the hereby granted premisses 
to the said George Broughton Richard Otes & James Chadborn y"^ 
heirs & assigns against all persons shall & will warrant and for ever 
hereby defend. AND the said George Broughton Richard Otes & 
James Chadborn for themselves and either of them their & either of 
their heirs & assigns Do hereby covenant with the said Robert 
Tufton=Mason his heirs and assigns That they the said George 
Broughton Richard Otes & James Chadbourn their heirs and assigns 
Shall and will from time to time preserv and keep the Bnttals and 
boundals of and upon any the hereby granted premisses And at the 
end of every ten years deliver to the said Robert Tul'ton=Mason his 
heirs and assigns a Tener fairly ingrossed of the said ])remisses with 
y^ most known Buttals and boundals of the same In WITNESS whereof 
the Parties hereto have interchangeably set their hands and seals 
the day and year first above written. 

Robert Tufton=Mason j P'"op"et^s 

I seal. 
Endorsed thus. 
Sealed & delivered 
in p'"sence of 

Walter Barefoot 
Rich'* Chamberlain. 

Vera copia Teste Ric''° Chamberlain Prothon'^ 
October 1™'' 1683. 



[Certificate of Gov. Cranfield^ Sept. 24-, 1683.1 

[Council Book 1, p. 54.] 

These are to certify. That upon my being made Governour of the 
Province of New Hampshire in New England, His Ma'y was gra- 



MASONIAN PAPERS GENERAL. 12T 

ciously pleased, by an Order in Counoel of the Twenty fifth of Jan- 
uary One thousand six hundred eighty and one to the Lords 
Cora'iss"^* of His Ma** Treasury, to make an augnientac'on to my 
allowance as Govern"^ of tiie said Province; And among other things 
Ordered S'' Robert Sawyer K' His Ma'* Attorny (lienerall, and others 
His Ma'* (^ouncel learned in the Law; to settle as well all the flines 
and forfeitures, and one fifth part of the Quit rents, was then sur- 
rendred to His Ma'^ in Councel by Robert Mason P^sq*" the Proprie- 
tor of the said Province, by a grant derived from His Ma'* Royal 
Grandfather: The surrender was giaciously accepted by His Ma'^ 
from the said iNP Mason as lawful Proprietor of the said Province, 
and the Deed was acknowledged and inrolled in His Ma'* High 
Court of Chancery. Given under my hand this Twenty fourth day 
of September One thousand six hundred eighty and three. 

Edw: Cranfield. 

Vera copia from y^ Original Teste Rie*^" Chamberlain Seer'" 



l^Mason vs. Vau(/han, etc., 1683.] 
[Masonian Papers, Vol. 1, p. 11.] 

Newhampshire 

To James Sherlock Gent Provost Marshall or his Deputy 
In his Maj'^* Name you are hereby required to attach y'' Goods or for 
want thereof the body of VV'" Vaughn n of Portsm" in y'' S'' Pro : Esq"^ 
& take bond of him of one Thousand pounds Value with Snficient 
Surety or Suretys for his appearance at the Court of I'leas to be 
held at Great Island in the said Prov : on the First Tuesday in 
November next Ensueing the date hereof Then & there to ans" the 
Comphiint of Rob' Mason Esq"" proprietor of y^ S'' Prov^in an Action 
of Trespass for rilegally Keeping him out of possession of Certain 
Lands & Tenem'* in Portsmouth afoiesaid and felling his woods to 
his Damage one Thousand pounds or what shall Justly appear Fail 
not & make yo"^ return according to Law dated the Eight of Octob^ 
1683/ 

R : Chamberlin Protho 

Att a Court of Pleas held at Great Island 6'^' of Novemb-" 1683 
Walter Barfoot Esq'' Judge Nath" Fryer & Henry Green Esq"^' Jus- 
tices assistance — 

Verdict — The Jury find for the Pla' Rob' mason Esq"^ Propriator 
of the Prov® of Newhampshire y* Lands & Tenem'*-Sued for accord- 



128 CHARTER RECORDS. 

ing to the Royal Commission with Two shillings Damage and Costs 

of Court 

The Costs are £6-7-2 

Entering the Action £1 — — 

attachm' & Serving — 3 — 

Swareing witnesses — 1 — 8 

five witness attending five Days 1 — 17 — 6 

attorneys fees — 5 — 

M"" Masons Charges & Expences 3 — — 



The whole is £6—07—2 

Nath^^ Wear of hampton Yeoman attached in .£500 as in the writ 
of Vaugban, The Jury finds as above 5 Shillings Damage & Costs 
of Court — 

Rich*^ Waldron of Cochecho Esq*" attached in .£3000 as in the writ 
of Vaughan The Jury finds as above Ten Shilling Damages & Costs 
of Court 

Vera Copia from the Court book 

Test R : Chamberlin Protho 

I Rich'' Chamberlin Esq*" Secretary of his Maj"^* Province of 
Newhampshire do humbly Certifie that upwards of Thirty Six per- 
sons of the Inhabitants & freeholders in y® s** Prov® have been sworn 
of the Jury upon the actions brought by Rob*" Mason Esq'' proprief 
& y' several jDcrsons whome m'' mason had Sued & had Judgem' 
ag* them were afterward Summoned to be of the Jury in the like 
Actions Some whereof ware fined for refuseing to be of y* Jury 
others for not appearing & some desired to be Excused from being 
put on the Jury & y' in the actions which were tryed in ap"" & may 
Last being about Thirty The Jury found Damages to m' mason 
from five pounds to Tw^enty pounds according to the value of the 
lands the Def possessed, & that M"" Vaughan nor any other did 
produce any Evidence or record to make out a title 

Vera Copia Test R. Chamberlin Secretary 

The names of the Jury men & place of abode — 
Portsrn" 

Sam" Wentworth Sam" Clarke John Seve 

Rich*' Webbe Rich'' Sortridge James Leach Sen' 

James Rendell James Leach Jun'' 

Great Island 

John Lewis Shadrach Walton Joseph purmott 

Edward Carter James Robinson Humphery Spencer 

Tho* parker Jeremiah Hodsdon Henry Russell 



MASONIAN PAPERS GENERAL. 129 

Dovm- 

Benj-' Mathews John Kaiul Rob' Wattson 

Step" Otis Edward Leathers W"' Graves 

Hampton 

Henry Rohy W" Marston Nath" boulter 

Thomas Marston John Redman Chr: Palmer 

John loek 

Exeter 

W"' hilton Sam'Miilton Francis Lyford 

Sam" hall Edward Sewell Charles hi'lton 

Such of the Jury as were excepted ag' were Sworn upon A Voire 
dire that thev shall not have profitt or Loss in the Cause Vera 
Copia Rich'^ Partridge D Cler. 

Pro : Newhampshire Vera Copia from the Superiour Court Rec- 
ords Compared the 8"' of June 1704 

^ Theodore Atkinson Cle"" 

Vera Copia Compared the 9"' July 1704 — 

■^ Theodore Atkinson (^ler 

Copy Examin'd f Geo : Jaffrey CI 



[^Conveyance^ Mason to Lyford, Oct. £9, 1683.'] 
[Masonian Papers, Vol. 1, p. 12.] 




_ — sq' 1 ropnetor ot y 

Pro'" of N=Hamps'" In N=:Eugl'' of one part & Fjancis Leyford of 
Exeter In y^ s'^ Pro" Mariner of y® other part Witnesseth y' w' as y® 
s'' Rob' Tnfton Mason by virtue of a Grant from Kitig James of 
famous Memory In y® 18'*' year of y* Reign is Instated In Fee of al 
those Lands Island^ & Rivers Lying Between y'' Rivers of Naum- 
kegH & Piseataqua Call'^ N=Hamps'" & of al Rights Royaltys & Pre- 
heminencys w"4n y" Same Now this Indenture further Witnesseth 
y' y*' s'' Rob* Tnfton Mason f<n' divers good Causes & Considerations. 
him thereto Especially Moveing hath Grant*^ Bargain'^ Sold Enfeoff'' 



180 CHARTER KECORDS. 

& Confirm'' & hereby doth Grant Bargain Sell Enfeoff & Confirm to 
ye s<i Francis Leyford his heirs & Assigns all y' ^cell of Pasture 
Land In Exeter afores'^ Com'only Call'' or known by y® Name of 
Sam" Dudley^ great Pasture Containing about Sixty Acres Also fif- 
teen Acres of Marsh land or thereabouts adjoyning to y" s'' Pasture 
land Bound' Westerly by y'' highway Notherly by y'^ land of Corne- 
lius Lary Easterly by y*^ River & Southerly by Staniels Creek Also 
Seven Acres of land In y* sheeps Pasture lying on y® West Side of 
y" highway Begining at y® Nothermost End or Side of Sam" Dudley 
Dec'' his House all w''' '^mises are now In y*^ Possession of y*^ s** 
Francis Leyford Excepting out of Each ^cel of y*^ s'' '^mises a Con- 
venient Path or highway for Com'on use if it shal be found needful — 
Also Excepting & Reserveing to y'' s** Robert Tuftou Mason his 
heirs & Assigns out of this "^sent Grant all Mines & Minerals y' 
shall.be found or be hereafter w"'in y*" '|?mises& al Pine Trees fit for 
Masts of Ships of four & twenty Inches throu to be measured ten 
foot from y'' Ground To have & to hold y^ s'' land w"' y"' Mouses 
thereto Belonging w^'' y** Appurten^ (Except Before Except*') to y** 
s'' Francis Leyford his heirs & Assigns to the Only use & Behoof of 
him y® s'' Francis Leyford his heirs & Assigns forever — Yielding & 
paying therefore yearl^^ & Every year forever to y* s** Rob*^ Tufton 
Mason his Jieirs & Assigns y® An'ual Rent of thirteen Shill's of law- 
ful Money of N=:Engl'' & one Shill:' for Every Dwelling House 
(more then one) y' is or shal be Built uj)on tlie "^mises on y** feast 
of s' John Baptist & y® Nativity of our Lord God by Equal portions 
w"'out any abatem' or Defalcation w'^soever & if it shal happen y** 
s'' An'ual Rent of thirteen ShilP & one Shill:' or any part thereof 
to be Behiude & unp-' by y'' Space of twenty days next after Either 
day of paym' afoies'' Being Lawfully Demand'^ then y'^ s'' Francis 
Leyford his heirs & Assigns shal forfiet & pay to y^ s'^ Rob' Tufton 
Mason his heirs & Assigns double y'' Money so Behind & unp*^ & y® 
s'' Rob' Tufton Mason for himself his heirs & Assigns doth hereby 
Coven' w'*' y*^ s'' Francis Leyford his heirs & Assigns y' he y'' s'' Rob' 
Tufton Mason his heirs & Assigns the hereby Graiif^ f*mises to y*' 
s** Francis Leyford his heirs & Assigns ag' all "^sons shall & will 
Warrant & forever hereby Defend & y'' s'' Fiancis Leyford for him- 
self his heirs & Assigns doth hereby Coven' w"' y" s"' Rob' Tufton 
Mason his heirs & Assigns y' he y*^ s'^ Fran^ Leyford his heirs & 
Assigns shal & wil fi'om time to time preserve & keep y" Buttalls & 
Bouudals of & upon any y** hereby (xi-auf' '^mises & at y® End of 
Every ten years deliver to y® s'' Rol)' Tufton Mason his heirs & 
Assigns a Terror fairly Ingross*^ of y*^ s'' "^mises w"' y*' most known 
Buttals & Boundals of y® Same In Witness w'^of y" parties hereto 



MASONIAN PAI-KIIS CKNKKAL. 131 

have Interchangably Set tlieii- hands & Seals y*" day & year first 
above written 

Seal' &D'' In ^ Robert Tufton Mason [seal] 

■^sence of 

Rich'' Chamberlain 

Henry Crowne 

Enter'' & Record'' According to y" Originall y*' 10"* day of May 
1698— 

Tho* Davis Secry 

.Pro" New i the foregoing is a True Copy from Lib"^ N** 4 : fol" 
Hami)s^ i 36 & 37— 

Examd this 9'" day of Dec^ 1737 

19 Josh : Peirce Record"^ 



[Rohert Vinson's Waiver, Dec. 5, 1683.] 

[Council Book 1, p. 62.] 

Whereas Hobeit Mason Esq"^ hath obtained Judgement against &ic 
&c & all persons Inhabitants of y® s'' Prov^' for Lands and Tenements 
therein And for as much as Some of the Said persons seem dissatis- 
fied with the Said Judgements. The Said Robert Mason did openly 
in Court Declare that with every person with whom he had a Tryal, 
he woud wave the benefit of the Judgement obtained against them & 
Sus})end Execution with a New Tryall with Each person in any of 
his Maj'* Courts in Westm"" Hall, Either in Easter or Trinity Terms 
Next ensuing provided the Defend' doth give in Security to this 
Court to pay Such damages as shalbe awarded to him the Said 
Mason by any his Maf'* Courts aforesaid And he doth allow One 
Moneths time from this Day being the S'** Decern'' 1683 for giving in 
Such Securitv 



^Proclamation about Deeds, Feb. 17, 1683-4.'] 

[Council Book 1, p. 85,] 

New Hampshire 

By the Govern"^ 

Whereas Robert Mason Esq"" hath made complaint unto me, that 
very few of the Inhabitants have come to him to take Deeds of tlieir 
lands in this Province from him according to y*" condic'ons laid down 



132 CHARTER RECORDS. 

ill His Ma*^ Royal Com'iss" of the 9"' of May 10<S2, notwithstanding 
he hath bin upon the place for almost five months time read}' to 
grant the same upon y" terms aforesd : But now in regard seveiall 
persons may still expect the same benefit alter y^ prosecuc'on of His 
Claim, he hath desired u)e to signif}- to all persons concerned that 
they have one months time after the date hereof to make an agree- 
ment with himself (if they think fit) otherwise I am desiied to 
certify to His Ma*-^ such their refusal), that the sd Mason may be 
discharged from such Obligac'on : Given under my hand & y^ Seal 
of the Province y« 17"' of ffebr 1683. 

Edw: Cranfield 

Vera copia from y^ Original 

Teste Ric'^" Chamberlain Secr'° 



Statement of Walter Barefoot, Nov. 6, 1684, State Papers, Vol. 1, 
p. 503. 



Petition of inhabitants against Mason, 1685, State Papers, Vol. 1, 
pp. 575-578. 



Papers in Mason vs. Wiggin and Nutter, for assault, 1685, State 
Papers, Vol. 1, pp. 578-582. 



[^Deed, Wonalancet to Jonathan Tyng, Oct. 10, 1685.1^ 

[Masonian Papers, Vol. 1, p. 13.] 

To ALL People to whom these Presents Shall Come Greeting 
Know Ye That Wanalansit Indian, the only Son Surviving of Passa- 
conoway, who was the Great and Chief Sachem upon Merimack River 
to whom the Rest of the Indians Annually Paid Tribute in his Days; 
The said Wanalansit Sachem for and in Consideration of the full 
and just Sum of Three Score and Ten Pounds to him well and truly 
Paid in hand. Together with Several other Charges Expended upon 
and Gifts and Kindnesses Shewd to him, by M"^ Jonathan Tyng of 
Dunstable on Merimack River, in the Massachusetts Colony in New 
England, all which is to the full Satisfaction and Content of the 
said Wanalansit; and tiiereof and of every Part of said Payment 
the said Wanalansit Do Acquit and Discharge the said Jonathan 
Tyng his Heirs and administrators forever by these Presents, Have 



MASONIAN PAPERS GENERAL, 



133 



(jrriinted Bargained and Sold and by these Presents Do fully freely 
and Absolutely Grant Bargain and Sell Alien Enfeoff and Confirm 
to said Jonathan Tyng and to his Heirs and Assigns forever. One 
Tract of Land Situate Lying and being on the said Merimack River 
and to Lye full Six English Miles on each Side of said Kiver. the 
said River Lying in the Center of it, to begin at a Place Commonly 
Called by the Indians Pen'icook, and Commonly known by the 
English by that Name, to begin upon said River Three Miles up the 
River, beyond that Place in Pennicook, where the Old Indian Fort 
now Staudeth, and so to Assend up said River until you Come 
to the Great Pond, which Pond is full of Small Islands, 
which Pond is the Utmost Northward to which the Hon'^*' 
Major Simon Willard Esq' went with his Company, when sent by 
the Hon"' General Court up said River upon Discover}', To Have 
AND TO Hold the abovesaid Tract of Land, with all the Islands 
in said River, with all the Rivulets on each Side said River, Ponds 
Fishing Places, Hunting Grounds, Swamps Meadows Contained 
within the Six Miles Wide on each Side said River, from End to 
End as aforesaid to him the said Jonathan Tyng and to his Heirs 
and Assigns forever, to his and their only Proper Use and Behoof 
And he said Waualansit for himself his Heirs and Administrators 
Do Covenant with the said M' Jonathau Tyng his Heiisaud Assigns 
by these Presents that he said Waualansit, is the Proper owner of 
the whole Tract of Land aforesaid, and will Warrant and Defend 
the same, with all the Priviledges and Appurtenances as aforesaid, 
to the said Jonathan Tyng for a good and Indefeasable Estate of 
Inheritance in Fee Simple for him and his Heirs and Assigns Quietly 
and Peaceably to Enjoy forever to their own Pro[)er Use and 
Behoof, Defending the same, to him and them from all Lawful 
Claims from any Person or Persons whatsoever. In Witness whereof 
the said Wacalansit Sachem hath Affixed his Hand and Seal here- 
unto, this Tenth Day of October, in the Year of Our Lord God One 
Thousand Six Hundred Eighty and five. And in the first Year of 
the Reign of our Sovereign Lord King James the Second — 

His Mark and Seal 



Signed Sealed and ^ 

Delivered in the Presence 
of Us. 

Jonathan Danforth Sen"" ^ 

Samuel Beale 

The Mark of 

Capt C Tom — 



Waualansit ^. -s 
Signed 



134 CHARTER RECORDS. 

This Writing freely Acknowledged by Wanalansit the 27"' of 
October 1685. Before me 

Daniel Gookiu Assistant 

Entred and Recorded According to the Original this lo"' of 
November 168(3 

A true Copy as of Record 

Examined ^ J Willard Sec'ry 



[Depositiofis about Mason Property, 1685.1 

[Masouian Papers, Vol. I, p. 15.] 

George Walton of Great Island in the Province of New Hamp- 
shire Yeoman aged Seventy yeai'S or therabouts testifietb That he 
hath been an Inhabitant in the said Province about fifty years that 
most part of the Lands he now possesses weie granted by Cap' 
Henry Jocelyne Steward to Cap' Mason the Proprietor That this 
Deponent dotli very well know that Cap' Mason had many Servants 
& a great Stock of Cattle upon his lands, That the said Servants 
and others after the Decease of the s'' Cap' Mason did imbezill and 
mine the Estate & particularly Cap' ffrancis Norton Agent or Stew- 
ard to Cap' Mason or his heirs about fforty years Since did Drive 
from off Cap' Masons Plantation at Pascattaway Called the Great 
House about one hundred head of Great Cattle w''' were then usu- 
ally valued at ffive & twenty pounds the head And as this Deponant 
was credibly informed the aforesaid Cattle wei-e Sold in or about 
Boston by the Said Norton who also Setled himself therabouts & 
Deserted Cap' Masons Plantation that there up(m the rest of the 
Stock goods & implements belonging to Cap' Masons Plantation 
were made away by the Said Servants and others And this Depo- 
nant doth very well remember y'' ffort built by Caj)' Mason upon the 
Great Island in the Same place where the ffort now Stands & that it 
was Strong & Substantial!}- made & furnished with Great Guns of 
which Some were Brass & were Afterwards taken away by Major 
Waldron & his Brother William Waldron & others but by what 
Authority this Deponant never heard & some of the Guns this 
Deponant did see put into a Ship belonging to one Lane & this 
Deponant Knows that the Great house at Pascattaway afores'' thei-e 
were adjoyning about one Thousand Acres of improved Lands 
Marsh Meadow & Planting grounds wliich were Divided and par- 
celled out b}' the Servants of Cap' Mason and others the Select or 
prudential men (of the 'Cown of Portsm*') As they were so Called 



MASONIAN PAPERS GENERAL. 135 

who Still enjoy the Same or tht'ir IJoirs and Assigns whereof Wil- 
liam Vaiighan and iiis Brother in Law have a Large share given 
them by their ffather in Law Richard Cntt And the Said Great 
House by the means aforesaid came to Decaj' and fell Down the 
ruins being vet to be seen out of which Several good flarnis are now 
made And this Dei)()nent doth very well lemeniber that the said 
Cap' Alason had made a gieat Plantation at a ])lace Called Newiche- 
wanock about Sixteen Miles from that of Pascattaway which by the 
means Aforesaid was ruined and Shared among Several of the Said 
Cap' Masons Servants and others And this Deponent doth further 
Say that to his particular knowledge the Servants Sent over by 
Cap"^ Mason of which Some are Living and those Descended fiom 
them which are many have been and are the Most violent opposers 
of the now Proprietor Robert Mason Esq"^ And this Deponant fur- 
ther Saith that those Lands in Portsmouth Called both iu)W & for- 
merly Strawberry Hank were the planting grounds & pasture Belong- 
ing to the Great house at Strawberry Bank wherein Thomas Wan- 
nerton did Ljhabit that was Some time Agent for Caj)' Manon & 
after the Death of Wannerton who was Slain about fforty years 
Since the said house and Lands veere possessed b}'^ Sampson Lane 
but by what right this Deponent doth not know — 

George Walton 

Taken before me the 18*'' December 1685 

Walter Barefoot Dep' Gover'' 
Vera Copia from y® original 

Teste R Chaniberlain Sece*" 

The above is C'opy of that on tile in a Case Allen v* Waldron 
Examin'd 

f Geo: Jaffrey j'' CI 

Nathaniel Boulter Aged Sixty years and John Redman Aged 
Seventy years of the Towne of Hampton in y® Province of New 
Hampshire Yeomen Make Oath that they were two of the first 
Planters that did Set Down at Hani[)ton afoiesaid about fforty three 
years Since by Authority of the Massachusets General Court which 
gave power to Some few persons (Called Select men) who came like 
wise to inhabit in the said tf)vvn to grant or Sell lands to others as 
they thought fit That upon these Deponants fii-st Setliug at Hampton 
Several of the Servants of Cap* Mason or his Heirs Came from Pas- 
cattaway to Ham])ton and diil forbid these Deponants and others 
from Setliug in the Said Town without license from the Propiietor 
or his Agents & paying a Quit Rent But these Deponents & Others 



136 CHARTER RECORDS. 

the Iiihiibitauts being backed by Authority of the Massachusets Gov- 
ernment which had declared those Lands to be in their Jurisdiction 
no Regard was had to the Prohibition by Cap' Masons Servants 
& these Deponents doe very well remember that Cap' Mason had 
made a great Plantation at Pascattaway & Newichewanock where 
there were a great Stock of Cattle and much land improved Aiid 
these Deponants about fforty years Since did see a Drove of one 
hundred head of Great Cattle or therabouts that Came from off 
Cap' Masons Plantation at Pascattaway and Drove throng the 
Town of Hampton towards Boston by Cap' Norton & others y® Ser- 
vants of Cap' Mason or his heirs & there Sold & Disposed of (as 
these Deponants were informed) by the Said Cap' Norton who did 
then Settle himself in or near Boston & Deserted the Plantation at 
Pascattaway & these Deponants doe further testihe that Such Cattle 
were Com'only valued at fEve & twenty pounds the head being very 
Large Beasts of a Yellowish Colour & Said to be brougiit by Cap' 
Mason from Denmark & these Deponents Say that Soon after Cap' 
Noi-tons going to Boston to inhabit the Massacliusets Government 
did Lay Claim to the whole Province of New Hampshire as pre- 
tending it to be within their Patent & did Accordingly Exercise a 
Jurisdiction therein & required those Inhabitants to take an oath of 
ffidelity to them/ 

Nathaniel Boulter 
John Redman 

Sworn before me y'^ 6"* of November 1085: 

R Chamberlain Jus' P. 

Vera Copia from the Original 

Teste R Chamberlain Seer 

The above is Copy of that on file in a Case Allen v® VValdron 
Examin'd 

f Geo. Jaffrey Cle 

Francis Small of Pascattaway in New England Planter Aged 
Sixty five years Maketh Oath that he hath lived in New England 
upward of ffifty years that he very well Knew y® Plantations Cap' 
Mason had Caused to be made at Pascattaway Strawberry Bank 
and Newichewanock and was well Acquainted with all the Servants 
iniployed by Cap' Mason upon the said Plantations Some whereof 
are yet Living & that there was a great Stock at Each of those 
Plantations And this Deponant doth very well remember that Cap' 
Mason Sent into this Country Eight Danes to build Mills to Saw 
Timber and tend them & to make Pot ashes And that the first Saw 
Mill & Corn Mill in New England was Erected at Cap' Masons 



MASONIAN PAPEHS GENERAL. 137 

Plantation at Newichewanock upward of ffifty yetii's where was 
Also a large liouse with all Couveiiiencps of out houses And Store 
houses And well fortified with Store of Arms That about ffourty 
years Since the said house & buildint:s were burned to the ground 
but by what means this Deponent doth not know That about the 
Same time this Deponent with others was iraployed by Cap' ffrancis 
Norton (who then Lived at Cap' Masons house at Pascatlaway 
called the Great house) to Drive about One hundred head of great 
Cattle towards Boston & y*" Said Caj)' Norton did goe with the 
Cattle, that Such Cattle were then usually Sold at ffive & Twenty 
pound the head Money of England and the Said Norton did Settle 
himself at Charles Town near Boston & wholy left Cap' Masons 
Plantation upon which the other Servants Shared the residue of the 
goods & stock among them which were left in that & the other 
I'lantations and possessed themselves of the houses and Lands And 
this Deponent doth verily beleive that from The Cattle Sent hither 
by Cap' Mason Most of the Cattle in the Province of New Hamp- 
shire and Main have been raised ffor this Deponent doth not 
remember or heard that any one person else did bring over any 
That Thomas Wannerton A Servant to Cap' Mason & Lived in a 
fair house at Strawberry Bank about the year 164-i did Carry 
quantities of Goods & Arms belonging unto Cap' Masons Planta- 
tions & Sold them to the ffrench who Did inhabit about Port Royal 
where y'' Said Wannerton was Slain that Sometime after one Samp- 
son Lane Came over from England with Power as he pretended 
to look after & take Care of the Aforesaid Plantations and did 
Settle himself in the Great house at Strawberry Bank and made 
additions thereunto where he Continued about three years and then 
returned for England upon whose Departure John & Richard Cutts 
got into Possession of y*^ afores'' house & Lands at Strawberry Bank 
but by what right this Deponent never heard, And have Sold 
Several Small Tracts upon which Many houses are now built and 
possessed by the Relations of the said Cutts — 

fifrancis Small 
Sworn before me y"' 8"' Septem'' 1685 — 

R Chamberlain Just P 

Vera Copia from the Original 

Teste R Chamberlain Seer 

The above is Cop}'^ of that on file in a Case Allen v* Waldron 
Examin'd ^ Geo : Jaffrey j-- CI : 



138 CHARTER RECORDS. 

l^Deed^ Mason to Ushe>\ Lidyett^ and McCarty^ April 15, 1686.1 

[Masonian Papers, Vol. 1, p. 17.] 

This Indenture made the fifteenth day of April in the Year of 
our Lord One thousand Six hundred & Eighty six Between Robert 
Tufton Mason Esq"^ under His Royal Majesty King James the second, 
Proprietor of the Province of New Hampsliire of the One part, And 
John Usher Charles Lidgett & Thaddeiis M'^Carty of Boston in 
N England Merch'" of the Other part — Whereas the s'' R. T. 
Mason by Virtue of a Grant from His Majesty of famous Memory 
King James the First bearing date at Westminster the third of No- 
vember in the Eighteenth Year of His s'^ Majesty's Reign is Enstated 
in fee of all those Lands Islands & Rivers Ikying between the Rivers 
of Namkeage and Piscataqua together with y^ said Rivers & of all 
Islands Lying within five Leagues of y*^ same with all Rights Royal- 
ties & [)reheminences thereto belonging Now THIS Indenture WIT- 
NESSETH That the said Robert Tufton Mason for & in Consideration 
of y'' sum of Thirty Pounds of the Current Money of & in y^ Massa- 
chusetts Colony in N Eng'* to him in hand paid b}' y" s'' J Usher 
C Lidgett & Thad. Maccarty the Receit whereof he doth by these 
Presents acknowledge & of the Rents Reservations & Covenants 
herein after reserv'd covenanted & agreed upon, And for the 
Encouragement of Planting the said Province & specially in its 
extream & inland parts Hath given granted bargained & sold & by 
these presents for him his heirs & Assigns Doth give grant bargain 
& sell unto the s'' J Usher C. Lidgett & T. Maccarty their heirs and 
assigns, All that & those Tract & Ti-acts of Laud situate Lying & 
being on y*^ Westerly side of the River of Merrimack beginning at 
the East End of Souhegonnock River where the same issues into 
Merrimack afores'^ & thence running up Westwaid along the s'' 
Souhegonnock River Six English Miles & an half and at y*" End of 
y^ s'' Six English Miles & an half to turn off by a Line of Twenty 
deg. Westerly of the N. Ten English Miles and thence that is to say 
to the Northwesterly Angle of y*^ s'' Tract running in a direct Line 
Northwards in Length on y*^ S'' W^est side of y" s' River of Merri- 
mack unto & as far as the most Southerly End of the great Pond or 
Lake comonly called or known by y^ Name of Wenepesiocho I^ake 
which issues into y*^ said Merrimack River so always as that y'' s*^ 
Outmost Line W^estward shall not come nearer the said River in any 
Place than Six English Miles on that side the said Hiver And also 
all that & those Tra(!t & Tracts of I^and on the Easterly side of the 
said River of Merrimack beginning as I^ow Southerly as the North 



MASONIAN PAPERS GENERAL. 139 

End of the Land coninionly called or known by the Name of M' 
Brenton's Land Six English Miles in Breadth from y* s'' Kiver of 
Merrimack, & thence running in a direct Line Northward in Length 
on the said East side of the s'' Kiver of Merrimack nnto &; as far as 
y« most Southerly End or part of the said Wenepesiocho Lake so 
always as that the s'' Outmost Line Eastward shall not come nearer 
in any place to the said River than Six English Miles in all the 
Length aforesaid — And also all that part of the said River of Mer- 
rimack lying within the Limits of all & singular y" aforementiond 
Tract & Tracts of Land And all y*" Islands lying within y^ same 
Together with all other Rivers & Rivolets issuing into y'' said River 
of Merrimack And all ponds Waters tishings fowlings Huntings 
Swamps Meadows Woods Underwoods & Ways contained or lying 
within y** s'' East & West Lines on each of y® S'' River from End to 
End as afores^ And y'' sole Right & priviledge of Salmon fishing 
from y^ s'^ Wenepesiocho Lake to y* Mouth of y® said Rivers on y" 
Sea Coasts & also of Erecting Kedges & Wracks in said River of 
such Mesh or distance as Alewives & other small Fish may pass 
freely for y*' Comon Benefit of all y*" Plantations that are or may be 
on the s'^ River And all Rights Priviledges Royalties Powers Juris- 
dictions & Hereditaments of him the s'' R. T. Mason to the s'' sev- 
eral Tracts & premises belonging & every part and parcel thereof 
To Havk & TO Hold all & singular the Premises with their & 
every of their Rights Members Heieditaments & Appur'*'*' And y* 
Reverc'on & Reverc'ons Remainder & Remainders thereof & of every 
part & parcel thereof Or such of them as upon survey shall appear 
to lye & fall within y'' Limits & Bounds of the s'' Province of 
N Hampsh' by Virtue of the Letters Patents aforem'' Unto the s'^ 
J Usher Oh. Lidget & Th. ALiccarty their Heirs & Assigns To the 
only proper Use Benefit & Behoofe of them the s'' J Usher C. 
Lidgett & T Maccarty their Heirs & Assigns for Ever Yeilding & 
paying unto the s'^ Robert Tufton Mason his Heirs & Assigns or 
unto such other Person or Persons nnto whom the next immediate 
Remainder or Reverc'on of the I^remises for y'' time being shall of 
Right belong or appertaine for Ever the Yearly Rent Charge or 
Sum of Ten Shillings at or upon the four & Twentieth day of Jnne 
in every Year the first Paym' to Com'ence on y*" s'' 24 June which 
shall be in 1087 or within 2<S days after if demanded for such j)art 
of y'' Premises as upon survey shall to Lye & fall within y* 
8'' Province of New Hampshire by Virtue of the Letters Patents 
aforemen** And Also lendeiing one fourth part of all Gold & 
Silver Ore that shall be found dug out & taken off from & within 
such part of y* said Premises or any of them for & in Lieu of 



140 CHARTER RECORDS. 

such part of such Ore as b}- y® Letters Patents aforemen'^ are 
reserv^ed unto His Majesty His Heirs & Successors And if it shall 
happen that the s'' Yearly Rent Charge of Ten Shillings or any part 
thereof to be behind or unpaid for y* space of 20. days next over or 
after the Expiration of y*^ s'^ 28 days being Lawfully demanded on 
the Premises That then y® s'^ Rent Charge so in Arrears shall be 
doubled, And that it shall & may thenceforth be Lawful to & for y® 
s** R. T. Mason his heirs or assigns or such other Person or Persons 
who shall or may have the then Lawful Right & Title to the Rever- 
c'on or Remaind'' thereof as afores'^ into y*^ s** Premises or any part 
thereof to Enter & distrein for y'' same And tiie distresse found & 
taken to lead drive carry away sell & dispose for satisfying the 
s'^ Yearly Rent Charge & Arrearages thereof together with all 
Charges & disbarsem'^* thereby occasion'd Rendering y^ Overplus 
And the s<^ R. T. Mason for himself his heirs & assigns Doth 
Covenant promise & grant to & with the s*^ J Usher Cha. Lidgett 
their Heirs & Assigns That for or notwithstanding any Act or 
Thing whatsoever by him y* s*^ R. T. Mason done to the Contrary, 
he the said R. T. Mason hath good Right & Lawful Power to grant 
& convey the Premises in Manner &; form afores'^ by Virtue of y*^ 
Letters Patents aforemention'd And that they the s"^ J Usher 
C Lidgett & Th. Maccarty their Heirs & Assigns for ever All and 
singuhir y'^ Lands & premises herein before mention'd to be bar- 
gained & sold sliall & may Lawfully & quietly have hold & enjoy y® 
same free of & from all manner of Incumbrances had made or done 
by him the s*^ R. T. Mason his heirs or Assigns or Captaine John 
Mason or any other Person or Persons Lawfully claiming or deriv- 
ing by from or under the s'' Captain John Mason or any other 
claiming any Right Title or Estate therein by Virtue of the said 
Letters Patents. In Witness whereof the Parties first above-named, 
to these pi-esent Indentures have interchangeably set their hands & 
Seals the day & Year first abovewritten. 

Memorandum/. 
That before sealing & delivering it was assented to & agreed to 
by all Parties to these Presents That if the above named Robert 
Tufton Mason or John Tufton his Eldest son shall at any time within 
24 Months after datepay to any of the Parties to these Presents 
for use of themselves & Company, One full Share & part (accord- 
ing to the Number already admitted or within y^ s*^ time to be 
admitted Partners in the Premises) of all Paym'^ Charges & dis- 
bursem'* that have been or may in y*" Interim be expended or accrue 
by any Adventurers or Tmi)rovem*'' thereon, that then he shall be 



MASONIAN PAPEllS (JENERAL. 



141 



admitted a Partner in y'' Premises & all Improvem''* that shall be 
made thereon 

Robert Tiifton Mason [Seal] 
Signed Sealed & delivered in presence of 

Humphrey Liiscombe Robert Tufton 

W" Harrison Michael Perry 

Humphrey Luscombe & Michael Perry sworne Before us the 9. 
Nov. 1686 — did Testify that they saw the Sealing & Delivery of the 
above written Deed by the said Robert Tufton Mason, Before us 
Members of His Majesty's Council 

Barth. Gedney 
Edw*^ Tyng 

Entred in the Registry at Boston Nov. 10. 1686 Lib. 1. pa. 27, 28, 
29. 30. 31, 32.— 

Edw'' Randolph Reg"^ 

N B. Livery of Leisin & possession was Given in Form 8 Sept. 
1686 which is also recorded. — 

Memorand"'feb. 23. 174S — The Abbreviations of Names & Words, 
& instead of Figures — are the Words at Length in y^ Original — 



IJ^ercUct. ai/(iinst William Vaughan Confirmed Nov. J9^ 1680.'] 
[Masonian Papers, Vol. 1, p. 19.] 



At the Court at Whitehall the 19"' November 168^- 
Loco \ 
Sigilli \ 

The Kings most Excellent Majesty 



Present 



Lord Chancellor 
Lord Treasurer 
Lord President 
Dtike of Ormond 
Duke of Albermarlo 
Duke f)f Beau ford 
Lord Chamberlain 
Earle of Oxford 
Earle of Huntington 
Earle of Petei'sborough 
Earle of Craven 
Earle of Powis 
P^arle of Nottingham 



Earle of Plymouth 

Earle of Morray 

Earle of Middle ton 

Earle of Melford 

Earle of Tyrconnell 

Viscount Fan con berg 

Viscount Preston 

Lord Bi^i' of Durham 

Lord Arundell of Wardon 

Lord Dartmouth 

Lord Dover 

M" Chancellor of y'^ Excheq" 

M"" Chanceller of y« Dutehy 



142 CHARTER RECORDS. 

Upon reading this Day at the Board a Eiepoit from the Hon''^® the 
Lords of the Committee of Council for trade and Foreign Planta- 
tions beaiing date the 6"' Day of November instant Setting forth 
that in obedience to his IMajesties orders in Councill of the 25'*' of 
Aprill 1685 and the 3'^ of July last they have Examined the 
Appeale of W" Vaughan from a Verdict and Judgm' given ag' 
him on the 6"^ Day of November 1683 in his Maj"''* Courts in New 
Hampshire in New England at the suit of Robert Mason Esq"^ as 
Proprietor of that Province for Certain Lands & Tenem'** in 
Portsm° in the said Province and that they has heard the Said 
Robert Mason and Nath' Wear Attorney for the Appellant and his 
Councill learned in the Law are Humbly of opinion that his Majesty 
be pleased to Ratify and Atlfirme the Verdict tV: Judgment afore- 
said — 

His Majesty in Councill was pleased to approve of their I^ordships 
said opinion and Report and to order the said Verdict & Judgment 
given against the said William Vaughan on the sixth Day of Nov"" 
1683 in his Majesties Courts in New Hampshire in New England at 
the Suit of Rob' Mason Esq"^ as Proprietor of that Province for 
Certaine lands & Tenements in Portsm° in the said Province be 
Ratified and Affirmed and they are hereby Ratifyed and Affirmed 
Accordingly 

W'" Bridgeman 

Vera Copia ^ Richard Partridge Clerk 

Cop3" as file in the ('ase Allen v" Waldron 

Examin'd "^ Geo : Jaffrey j"^ CI : 



\Judgment for Costs a/jainst Vaughan, Dec. 10. 1686.] 

[Masonian Papers, Vol. 1, p. 20.] 

At the Court at Whitehall the 10"^ December 1686— 
(Loco Sigilli) 

Present 

The Kings most Excellent Maj*'® in Councill 

Whereas on the 19'** day of November last npcni the Report of the 
Right Hou*"'^ the Com'ittee for Trade and Plantations his Majesty was 
pleased to Ratify and Affirme the Verdict and Judgement given 
against W"' Vaughan on the 6'** of November 1683. in his majesty's 
Courts in New Hampshire in New England in favour of Robert Mason 



MASONIAN PAPERS GENERAL. 143 

Esqir ii|)OM 11 farther Report of their Lordshipps this day read at the 
board; his Majesty huth thought fitt to order and it is hereby 
ordered that th(^ Said W'" V'aiighan doe pay twenty pounds to the 
Said Koheit Mason for his Costs in attending the Issue of the 
Appeal of the Said W" Vaughan / 

Phillipp Musgrave 

Vera Copia Rich'' Partridge Cler 

The above is a Copy as on file in a Case between Sam" Allen 
Ksqu"^ & David Law ranee 

Kxamin'd . f Geo : JafTrey j^' 01 : 



{^Samuel. Allen's Agreement, Oct. I4, 1690.] 

[Masonian Papers, Vol. 1, p. 21.] 

This Indenture made the ffourteenth day of October in the Sec- 
ond Yeare of the Raigne of our Soveraigne Lord and ].,ady William 
and Mary King and Queene of England Scotland ffrance and Leland 
Den fenders of the ft'aith &*' Annoq D'ni 1690 Between Samuel 
Allen of London Merchant of the one '^te, and John Tufton Mason 
and Robt Tufton Mason sons of Robert Tufton Mason some time of 
the ^^ish of s' Martins in the ft'eilds in the County of Midd'x Esq'' 
dec'd of the other '^te, Whkreas by Ind're of even date with these 
p'"sents the said John Tufton Mason and Robert Tufton Mason in 
consideiacon of the sume of Two Thousand Seaven hundred and 
ffifty pounds to them in hand paid by the said Samuel Allen and 
for other good and valuable consideracons have Conveyed the 
Province or Tract of Land in New England in America called New 
Hampshire & divers other l^rovinces Tracts of Land and Heredita- 
ments unto the said Samuel Allen and his Heires as by the same 
Indi'e more at large may appeure Now this Ind're Witnesseth That 
in consid'acon of the s'' Conveyance and the Covenants therein con- 
tained IJee the Said Samuel Allen doth by these p'"sents Relese unto 
and acquitt and discharge the said John Tufton Mason and Robert 
Tufton Mason theire Execut'^^ Adm'** and Assignes and unto the 
heires and Execut"^-^ of the said Robert Tufton Mason Dec'd 
All debts sumes of Money Honds & Accounts whatsoever whicli hee 
the said Samuel Allen can may or ought to have or claime from 
them or any of them And further the said Samuel Allen for himselfe 
his Heires Exec''^ & Adm""* doth Covenant and agree to and with tlie 
said John Tufton Mason and Robert Tufton Mason their Exec" & 



144 CHAUTEll RECORDS. 

Aclm''* that liee the said Samuel Allen his Exec'*" and Adm" 
shall and will within the space of . three Yeaies next ensneing 
the date of these p'^sents pay or cause to bee paid unto Edward Cran- 
feild Esq"" late Govourn"^ of the said Province the sum'e of three 
hundred and tfifty pounds of good and Lawfull mony of New Eng- 
land And further allsoe that when and soe soone as the Ten'ts 
Landholders and Inhabitants of the Townes of Portsmouth Dover 
Exeter and Hampton "^te of the said Provinces Hereditaments and 
^■"misses from whome any quitt Rents or other Rents are due & pay- 
able or the Greater number of such Ten'ts Inhabitants and Land- 
holders shall Attorne Ten'ts unto the said Samuel Allen his heires 
or Assignes or sufficiently acknowledge him or them to bee the 
Proprietor of such their quitt Rents or other Rents and allsoe shall 
pay any Yearely or halie yearely i^aym*'* of such their quitt Rents or 
other Rents unto the said Samuel Allen his Heires or Assignes, 
That then the s'^ Samuel Allen his Heires Ex*"* Adm'"* or Assignes 
shall & will well & truely pa}^ or cause to bee pd the further 
Sum'es of Lawfull mony of England following. That is to say 
the sum'e of ffour hundred pounds unto the said Jolin Tufton 
Mason his Exec'"* Adm'^ or Assignes, the sume of three hundred 
pounds unto the said Rob't Tufton Mason his Exec''* Adm"^* or 
Assignes and the sum'e of Two hundred pounds unto Elizabeth 
Tufton Mason her Ex" Adm"^* or Assignes, And the said John Tuf- 
ton mason and llob't Tufton Mason doe by these p''sents declare 
that the said sum'es of mony debts & accounts hereby Released and 
the said sum'es of money allready pd to them and the sd sev'all 
sum'es of money hereby Covenanted & agreed to be paid are the full 
and whole price and ^ chase mony w'^ the said Samuel Allen ought 
to pay for the '^ chase of the p'misses and that hee is an absolute 
^^chasor thereof without any "^mise Agreem* right or equity for or 
concerneing the redeemeiug the same And lastly the sd Samuel 
Allen for himselfe his Ex""^ & Adm'* doth Coven' & agree to & with 
the sd John Tufton mason & Robert Tufton Mason their Exec'* & 
Adm''* that hee the sd samuel Alien his Ex'* & Adm'^ shall & will 
well & truely pay unto every of them the sd John Tufton Mason 
Rob't Tufton Mason & Elizabeth Tufton Mason their respective 
Ex""* Adm'* or Assignes interest at the rate of six pounds ^ Cent '^ 
ann for one hundred pounds apeice "^te of the same sum'es to them 
payable from the date of these p'"sents untill they shall respectively 
receive the same Sum'es the same Interest to bee paid at the same 
time with the sd principle Sum'es of money to them payable as afore- 
sd In Witness whereof the "^ties above named to these p''sents have 



MASONIAN PAPEKS GENERAL. 145 

hereunto set their hands & Scales the day and Yeare first above 
writt(Mi 

Sealed and delivered Samuel Allen [seal] 

in the p'sence of 

W" Linsey 

Joh. Lodge 

James Budd 

Sam : Wilson 



[" Fine jf-c A_g' John ^ Rob*' Tiifton il!f«son«."] 

[Masonian Papers, Vol. 1, p. 22. J 

William and Mary by the graee of God of England Scotland 
Prance & Ireland King & Qneen Defenders of the Faith &™ To ALL 
to whom these our Present Letters shall Come GiiEETiNG Know ye 
that it was inrold amongst the Pleas of Land at Westminster before 
Henry Pollexfen and his Companions our Justices of our Bench of 
the Term of S' Miehall In the Second Year of our Reign in the 
Roll 280. 'tis so Contained Kent SS. John Browning Gentleman in 
liis proper Person Requires against Samuel Allen Gentleman the 
Mannor of Mason Hall with the appurtenances and Seven Thou- 
sand Messuages fifty Mills Six thousand Gardens A hundred Thou- 
sand Acres of Land a hundred thousand Acres of Meadow a hun- 
dred Thousand Acres of Pasture one Million and a hundred Thou- 
sand Acres of Wood Two hundred Thousand of acres of Marsh & 
Moss Ground a hundred thousand Acres of fresh Marsh a hundred 
thousand acres of Salt Marsh a hundred thousand acres of Ozirs a 
hundred thousand Acres of * * * Two hundred thousand 
acres of Land Covered with Water a hundred Pound Rents Common 
of Pasture for all manner of Cattle free fishery & free Wai lin with 
the appui-tenances in New Hamp'^ Main Masonia Laconia Mason 
Mall Mariana In New England in America in the Parish of Green- 
witch As his Rigiit and Inheritance, and into which the said Samuel 
hath No Ingress unless after Disseizin which Hue Hunt hath there- 
upon unjustly and without Judgement made to the before Named 
John within thirty years &''^ and Whereof he saith that lie himself 
was Seized of the manner Tennements Rents Common of Pasture 
free fishery free Warrin aforesaid with the appurtenances in his 
Demesne as a fee & by Wright in the time of Peace in the time of 
the Reign of our Lord and Lady King & Queen that now are hx 
taking therefrom to the Value & so forth & into which &'* and. 
10 



146 CHARTEK HECOKDS. 

thereupon l)e biing.s his Suite &"''^ and the aforesaid Samuel Allen in 
his proper person Comes & Defends his Wright when & so forth & 
thereui)pon Calls to Warrant John Tufton Mason Gentleman who is 
Present here at Court in his own jn-oper person & who Warrants 
gratis to him the said Manner Tennements rent Common of Pasture 
free fishery free Warrin with the appurtenances &'"' and upon this 
the said John Browning prayes against the said ,Iohn Tufton Mason 
houlding by his Warrant the Manner Tennements Rent Com'on of 
Pasture free fishery free Warrin aforesaid with the Appurtenances 
aforesaid in form afores'* &"'^ & whereof he saith he himself was 
Seized of the Manner Tennements rents Common of Pasture free 
fishery free Warrin aforesaid with the Appurtenances in his Domin- 
ion as a fee and by Right in the time of Peace in the time of our 
Lord & Lady King and Queen that now is by taking &'''* & into 
which &'''-^ and thereupon he brings his suit &'^^'*^ & the aforesaid John 
Mason houlding By his Warrant Defends his Right when &'''^ & far- 
ther Vouches thereupon to Warrant Rob' Tufton Mason Gentleman 
who is [)resent here in Court in his proper person & Warrants to 
him Gratis the Manner Tennements Rents Common of Pasture free 
fishery free Warrin afores'' with the Appurtenances aforesaid &'* 
and upon this the afores'' John Browning prayes against him the 
aforesaid Rob* Tufton Mason houlding by his Warrant the Manner 
Tennements Rent Common of Pasture free fishery free Warrin with 
the appurtenances In form aforesaid whereupon he Saith he him- 
self was Seized of the Mannor Tennements rent Common of Pasture 
free fishery free Warrin as aforesaid with the appurtenances in his 
Demesne as a fee by Right in the time of Peace in the time of our 
Lord & Lady the King & Queen that now is by taking from thence 
the Value &'"^ & into which &^''' and thereupon brings this Suit &^'' 
and the afores'' Robert Tufton Mason houlding by Wan-ant Defends 
his Right when &'* and further Vouches thereupon John W healer 
to Warrant who likewise is present here in Court in his own proper 
person and Warrants to him Gratis the Manner Tennements Rent 
Common of Pasture free fishery & free Warrin aforesaid with the 
Appurtenances &'*' and upon this the afores'' John Browning prayes 
against the said John Whealer houlding by his Warrant the manner 
Tennements rent Common (^f Pasture free fishery & free Warrin 
aforesaid in form afores'' with the appurtenances & wherenpon he 
himself saith he was Seized of the mannor Tennements rent Common 
of Pasture free fishery free Warrin afoies^ with y° Appurtenances In 
his Dominion as a fee & by Right the time of Peace Li the time of 
our Lord & Lady that now is by taking from thence to the Value 
&'^^ and into which &*= & thereupon he brings his Suit &'* and the 



MASdNIAN I'Al'KUS (JKNEI^AL. 147 

aforesaid John Wliealer liouUliiig by his Warrant Det'eiicls liis Right 
when *S:''' & saith that the said Hugh hath not Disseized the betoie 
named John IJiow ning ot the Mannor Tennenients rent Common of 
Pasture free fishery & free Warrin with the appurtenances as the 
said John Browning by his Writ & Declaration afores'' Doth above 
Suppose vS: of this he puts himself u])on the Country &c" & the 
afores'^ John Browning jtrayes Liberty of Imparling & hatli it &'^'* 
And iifterwartls tlie said John Browning returnes here into Court In 
his proper person & the aforesaid John VVht-aler altho' Sollemly Re- 
quired Returned not, but Dejjarted in Contempt of the Court and 
made Default — 'lis therefore Considered that the said John Brown- 
ing may recover liis "ISeizen Against the aforesaid Samuel of the 
Mannor Tennements rents Com'on of Pasture free fishery & free 
Warrin aforesaid with the appurtenances and that the same Samuel 
have of the land of the aforesaid John Tufton Mason to the Value 
&'■* and that the said John Tufton Mason further liave of the land 
of the said Robeit Tufton Mason to the Vallue &^''' & y* the said 
Robert Tufton Mason furtlier have of the land of the aforesaid John 
Whealer to the Value &'-' & the said John Whealer be in Mercy &''''' 
& uppon this the said John Bi-ovvning prayes a Writ of our Sover- 
eigne Lord and Lady the King and Queen to be Directed to the 
sheriff of the County aforesaid to Cause him to give him the full 
Seizin of the Mannor Ten'em^* rent Common of Pasture free fishery 
free Warrin aforesaid with the appurtenances and it is gianted to 
Inm Returnable here without Delay &'■' & afterwards (To Wit) the 
Twenty Eighth daj^ of November in that very same time the afore- 
said John Browning Came here into Court in his proper person & 
the Sheriff (to Witt ) Thomas Adrian Esq*" now answers that he by 
N'irtut' of the aforesaid Writ to him Directed the five & twentieth 
of November last past hath Caused the afore Named John Browning 
to have his full seizin of the Mannor Tennements rent Common of 
Pasture free fishery and free Warrin aforesaid with the appurtenances 
as by the said W^rit he was Commanded &'" and all & Singuler 
which things at the Request of the said John Browning by the 
ten'or of these Presents we have Caused to be exemplytied — In Wit- 
ness Whereof we have Caused to be affixed to these Presents our 
Seal for Writs in the Bench aforesaid W^itness Henry Pollexfen at 
Westminster the twenty Eightli Day of November in the second 
Year of our Reign 

Tempest 
a Seal appending 



148 CHARTER RECORDS. 

Province of New Hanip"" Portsm° 14'" aug' 1707 
The within is a true Translation to the best of otir understand- 
ings & Judgements — 

Ja Meinzies 
Cha: Story 

Copy as on file in Case Allen v** Waldron in Clerk's office of 
Superiour Court of Judicature Exaniin'd 

f Geo: Jaffrey CI. 



[^Sale of Mason Possessions to Samuel Allen, April 27. 1691.\ 

[Masonian Papers, Vol. 1, p. 24.] 

This Indenture made the Seven & Twentieth day of April in the 
third year of the Reign of our Sovereign Lord & Lad}', William <& 
Mary, by the Grace of God of England, Scotland France & Ireland 
King & Queen defenders of the faith &c Annoq. Dom : 1691. 
Between John Tufton Mason & Robert Tufton Mason, son of Rob- 
ert Tufton Mason, sometime of y^ Parish of S' Martins in the fields, 
in the County of Middlesex Esq' deceased of the one part. And 
Samuel Allen of London Merchant of the other part, Witnesseth 
that for & in Consideration of the sum of Two thousand Seven hun- 
dred & fifty pounds Lawful Money of England to them the Said 
John Tufton Mason & Robert Tufton Mason now in hand paid by 
the said Samuel Allen, the receipt whereof they doe hereby acknowl- 
edge & thereof do acquitt, & discharge The Said Sam^ Allen his 
Exec"^^ Adm"^* and Assigns And for diverse, other good Causes & 
Valuable considerations them thereunto Esi^ecially moving they the 
Said John Tufton Mason, & Robert Tufton Mason & each of them 
Have Granted, Bargained & Sold »& by these p''sents doe & each of 
them doth Grant, Bargain & Sell unto the Said Sam^ Allen his heirs 
& Assigns, all that part, purport »& portion of the Main Lands of & 
in New England, in America beginning from the Middle part of 
Naumkeck River & from thence to proceed Eastwards, along the 
Sea Coasts to Cape x\nn, & round about the Same to Piscataqua 
Harbour, And so forwards up within the River of Newichawanock 
And to the furthest head of the Said River, & from thence North- 
westward, till Sixty Miles be finish'd from the first entrance of Pis- 
cataqua Harbour, And Also from Naumkeck through the River, 
thereof, up into the Land west. Sixty miles, from which Period to 
Cross over Land to the Sixty miles end accounted from Piscataqua 
through Newichawanock River, to the Land Northwestward afore- 



MASONIAN PAPERS GENERAL. 149 

suitl Ami also all that the ^outh half of tlie Isle of Shoals together 
with all Other Islands & Isletts, as well imbaid as adjoyning, lying 
or abutting upon or near the premises or an\' part or pareell thereof 
within five Leagues distant. Not otherwise (Granted to any by Special 
name, at any time before, the Eighteenth day of Aprill One thou- 
sand Six hundred and Thirty five, all which part & portion of Lands 
Islands & premises, aie called by the name of New Hiim])shire. or 
the province of New Hampshire, And also all that other pareell 
or portion of Land, woods. & Wood Grounds, lying on the South- 
east ])art of the River of Sagadaliock in tlie Northeast part of New 
Englaud aforesaid at the Mouth or entrance thereof, containing 
there Ten Thousand Acres which Said other pareell of Lands is 
called & known by the name of Masonia and also all that part & 
portion of Land in the province of Maine in New England afore- 
said, beginning at the entrance of Newichawanock Ri^er, & so up- 
wards, alongst the Said River, And to the farthest head theieof & to 
contain, in Breadth, through all the Length aforesaid 3 Miles within 
the Laud from every part of the said River, & halfway over the said 
River. And Also all that part of the Sea Coast, of New England 
aforesaid, being a Great head Land or Cape & Lying in the Norther- 
most i)arts of the Massachusetts Country And to the North East- 
w^ards of the Great River of tlie Massacluisetts, Stretching itself out 
into the Sea. Eastwards Five Leagues or thereabouts. And lying 
betwixt the Latitude of forty two & forty three Degiees. or there- 
abouts and Commonly Called or Known by the name of Cape Trabi- 
gzanda or Cape- Ann, with the North, South & East Shoars, & Coasts 
thereof, the Back Bounds thereof towards the Main Land beginning 
at the Head of the next Great River to the Soutlnvaids of the Said 
Cape which runns into the Country of the ^lain Land upwards west- 
ward And supposed to be called Naumkeck or by what other name or 
names the said River is or may be called, & So forth Eastwards into 
the Sea. And to the uttermost parts of the Said Head Innd or Cape 
and Round about the same to the Northwards & from thence along 
the Sea (\)asts to the next Great River, which runs up into the 
Main Land westwards & supposed to be called Merriniack or by 
What other Name or Names the Said River is or may be called, And 
Lying to the Northwestwards of the Said Cape And to the farthest 
head of the Said River from which Period to cross over Land to the 
Head of the other Great River which lyes Southwards of the afore- 
said Cajie where y*' perambulation began, and half way over (that is 
to say) to the midst of either of the Said two Rivers which l^ounds 
or Li mitts, the aforesaid Lands both on the North & South thereof 
together, with the Great Isle or Island called Isle Mason, lying near 



150 CHARTER RECORDS, 

or before the bay Harbour or River of Aggawom, Together also with 
all the Seas, Isles, or Islands adjo^'iiiiig to any part of the precincts 
of the Lands aforesaid, or lying within three miles of any part of 
the Same, which Said part of the Sea Coasts Great head land or 
Cape, with all the App"^** are commonly called or known by the name 
of Mariana and also all those Lands & Countries lying adjacent or 
bordering upon the Great Lake or Lakes, or Rivers co'monly called 
or known by the Name of the River & Lake or Rivers & Lakes of 
the Irroquois a Nation or Nations of Salvage People inhabiting up 
into the Landwards betwixt the Lines of west & northwest concieved 
to pass or Lead upwards from the Rivers of Sagadahock and Merri- 
mack in the said County of New England together also with the 
Lakes & Rivers of the Irroquois & other Nations adjoyning the 
Middle part of which Lake is Situate and lying near about the Lat- 
itude of forty four or forty five Degrees reckoned from the Equi- 
noctiall Line Northwards And also all the Lands Soyls & Grounds 
within ten Miles of any part of the said Lakes or Rivers on the 
Southeast part thereof, And from the west end or Sides of the s'' 
Lakes or Rivers so far forth to the west, as shall extend half waj% 
into the next Great Lake, to the Westwards & from thence North- 
wards, unto the North side of the Main River which runneth from 
the Great & Vast Western Lakes and falleth into the River of Can- 
ada including all the Islands within the precincts or perambulation 
described, which said portions of Lands Rivers & Lakes, with the 
App" are Commonly called or known by the name of the province 
of Laconia And also all those Towns, Villages, ports or places called 
Portsmouth, Hampton, Dover, Exeter, Little Harbour Greenland, 
Salisbury, Old Salisbury, Concord, Sudbury, Redding, Billerica, 
Gloucester, Cape Anns Town Ipswich, Wenhara, Newbury, Rowley, 
Haverhill, Andover, Bass-Town, Woburn, and all other Towns Vil- 
lages & Habitable Places, Situate, Standing or being in the Said 
province of New-Hampshire. "^ cells of Land wood, & wood Grounds, 
called Masonia, part of the s*' province of Maine Tract of Land 
called Mariana, Isle Mason & province of Laconia, or any of them, 
And also all the firm Lauds, Soyls, & Grounds, as well under water 
as above water, & Dry Shoars, Creeks, Havens Harbours, Bays, ports, 
Rivers, Lakes, floods Waters Mines & Mineralls, as Well Royal Mines 
& Mineralls of Gold & Silver, as Other Mines & Minerals be they 
Such Mines & Minerals or Veines of Metall as ai-e Close & hidden 
in the Earth, or o))enly seen in or upon the Eaith saving only the 
fifth part of all the Oar of Gold & Silver to remain in their Maj''*"* 
their heirs & Successors, All Quarries, precious Stones, pearls, 
Amber-Griss, Pine Trees, Firr Trees, Oaks, And all other Timber 



MASONIAN PAPERS GENERAL. 151 

Trees, Trees, Woods, Underwoods, & all fishings of what Kind or 
Kinds of fish Soever Whether Royall fish as Sturgeons, Whales or 
any other fish by whatsoever other Name or Names, they or any of 
them are or shall be called, or Known, Hunting, Hawking, fowling 
and all & Singular other prerogatives. Rights, Commodities, Juris- 
dictions, Royalties, Priviledges, franchises. Liberties Preheminences, 
Marine powers, in and upon the Said Seas, Lakes & Rivers, and. 
also all Escheats, Casualties, flotzam, Jetzam, Lagan, Anchorage, 
and other such Duty's, also Immunities, Seils Isletts, "^quisites & 
profitts of Courts, Deodans Waves & Strays, Goods of felons, and 
fugitives. Escheats, Casuall ])rofitts hereditaments, & App'^ whatso- 
ever Situate lying being arising, happening accrewing, or to be had, 
taken or enjoyed, or any Avays belonging, or appertaining into upon 
within unto or out, of the Said province of New=Hampshire, "^ cells 
of Land wood & Wood Grounds called Masonia part of the said 
province of Maine, Tract of Land, called Mariana, & Isle Mason, 
Province of Laconia or any of them. And also all other the prov- 
inces Mannors, Tracts, portions, or parcells of Land, Islands, Towns, 
Villages, Habitable places, Meadows Pastures, Woods, Lands, 
Tenem'* piscarys, Liberties Royalties, Prerogatives, & Hereditam'® 
whatsoever, and of what Kind or Nature soever, in New England or 
America aforesaid, whereof, wherein, or whereunto they the s"^ John 
Tufton Mason & Robert Tufton Mason, or either of them, or any in 
trust for them, are Seized, possessed or have any Estate, Right, 
Title. Interest, Equity of Redemption, Claim or demand Wliatsoever, 
and also all the, Reversion & Reversions, Remainder & Remain- 
ders, of & in all & every the Hereditaments and premises in & by 
these p'sents Granted or mentioned, to be Granted & all the Rents, at 
the Rate of Six pence or any other Sum by the Acre, And all other 
Cheif Rents Quitt Rents or other Rents. Reservations, Services, 
Issues, and profitts Reserved, due payable Issuing or Arising out of 
all & every or any of y® Said hereditaments, & '^''mises in and by 
these ^^■'sents Granted or mentiond to be Granted And also all 
those Letters Pattents heretofore Granted, by his late ^laj'"" King 
Charles the first, unto Cap' John Mason Esq"" Great Grandfather or 
Ancestor, of them the said John Tufton Mason & Robert Tufton 
Mason bearing Date on or about the Nineteenth day of Aug' in the 
Eleventh year of his Said Reign & also all those other Letters, Pat- 
tents, heretofore. Granted by his late Maj'"" king Charles the Second 
for & concerning the Government of the s'' province of New Hamp- 
shire bearing Date on or about the Eighteenth Day of Sept' in the 
one & Thirtyeth year of his said Maj"'^" Reign & all other Letters. 
Patents. Royall Warrants, Royal Commissions & Royall Letters 



152 CHARTER RECORDS. 

at any time heretofore Granted of, for or concerning the said prov- 
inces, tracts of Land hereditaments & p''mises in & by these ^^''sents, 
Granted or mentioned to be Granted, or any of them, And all 
Rights of being absolute Lord & pi'oprietor of the Said Provinces 
Tracts of Land, hereditam*^^ & p''mises or any of them, and all Royall 
& other Rights, Powers, Liberties, Authoritys, Jurisdictions, Roy- 
alties benefit Advantages, & other Matter and things wliatsoever 
in & b}'^ the said Letters, patents Royal Warr'* Royal Commis- 
sions & Royal Letters, or any of them Granted or mentioned to 
be (xranted, & all the Estate Right Title interest power Author- 
ity, Claim & Demand whatsoever, of them the said John Tnfton 
Mason & Robert Tnfton Mason, or either of them of in to or out 
of all & every the said provinces Tiacts of Land, Towns Villages 
habitable places Letters patents hereditaments & premis-es in & by 
these j/sents Granted or mentioned to be Granted, or any of y'" And 
also all Deeds writings Rentalls, Accounts, pa})ers & Evidences 
whatsoever any ways relating unto touching or concerning the same 
hereditaments & p'mises, to have & to hold the said province of 
New Hampshire, parcells of Land wood & wood Grounds called 
Masonia, part of the said province of Maine Tract of Land called 
Mariana & Isle Mason, Province of Laconia, & all & every the said 
Towns, Villages, Habitable places, Letters, pattents, & all & Singu- 
lar other the hereditam*' & premises in & by these piesents Bar- 
gained & Sold, or mentioned or intended to be Bargained & Sold, 
unto the Said Sam' Allen, his heirs & Assigns, forever to the only 
use & behoof, of him the Said Sam' Allen his heirs & Assigns for 
ever And to & for no other Use, intent or purpose whatsoever, In 
Witness whereof the said parties to these p''sents Litei'changeaby 
their liands & Seals have sett the day & year first above written 
Recog 27"' A prill 1691 
"^ John Tnfton Mason 

Rob : Tnfton Mason 

Jo : Edisbury. 

John Tnfton Mason Robert Tufton Mason Sam' Allen 
[seal] [seal] [seal] 

Sealed & delivered Jn p''sence of 
Dan' Withers 
W"' Lindsey 
Rich^' Wilton 
Sam' Wilson 
W'" Linsey 



MASONIAN I'APKKS GENERAL. 153 

ludorr Claiir Cancellar intra script Domini Regis et Domine 
Regine Tricessimo die Aprilis Anno infra Scripto 

1^ Andrew Young Reg' 

Vera C'opia Rich : Partridge Cler. 

.Copy ExaminM ^ Geo: Jaffrey CI 



lEobert Tufton Mason's Will, Oct. 21, 1692.] 
[Masonian Papers, Vol. 1, p. 25.] 

In tlie name of GOD amen 

I Robert Tufton Mason of the Town of Portsm" in the Prov : of 
New HampMn New Enghmd being in liealth of body and sound in 
mind do make and appoint this my last will and testament in man- 
ner & form as follows, revoking all other Wills made heretofore 

Imfkimis 1 Com'end my soul into the hands of Almighty GOD my 
Creator in full hope and assurance of a Pardon for all my sins com- 
'itted in my life past My body I com'it to the earth to be decently 
buried at the discretion of my Executrix hereafter named 

Item — I Give and bequeath to my dearly beloved Wife Katharine 
Tufton Mason, the one half of all my Estate whatsoever that 1 have, 
or hereafter might have dureing her natural life, and after her 
decease three fourths of her part, to fall unto my son John Tufton, 
to him & his heirs forever, & the other fourth part to go to my 
daughter Eliz'' Tufton and to her heirs forever — 

Item — I Give and bequeath to my son John Tufton one fourth 
part of all my estate whatsoever to be paid him when he Shall 
arrive at the age of twenty-one years, and that if it Siiould please 
GOD, that he should dye before he comes of age, or without lawfull 
Issue, then his part to fall to my daughter Eliz'^ Tufton and to her 
heirs forever — 

Item — I Give and bequeath to my daughter Eliz=' Tufton one 
fourth part of all my Estate whatsoever to be paid her when She 
Shall Arrive at the age of eighteen years, or upon the day of her 
Marriage if she marries with her mother's consent: But If It should 
please GOD that She should dye before She comes of the age of eigh- 
teen or Marry then her part to fall unto my son John Tufton and to 
his heirs forever. — But if it should |)lease GOD that my son John Tuf- 
ton, and My daughter Eli/;' Tufton should both dye before they come of 
age or before they marry, then the one half of both tlieir parts, 1 Give 
unto my wife Katharine Tufton and the other half I give unto my 



154 CHAETER JIECOEDS. 

sister Eliz" Tufton, and if it should &o please GOD, that 1113' wife 
should out-live both my son John Tufton, and m>' daughter Eliz'' 
Tufton, or that they dye without lawfull Issue then I Give and 
bequeatli all my wife Katherine Tufton her part unto my sister 
Eliz=' Tufton. 

Item — 1 Do appoint my dearly beloved Wife Katharine Tufton to 
be my sole and only Executrix of this my last will, and to see my 
will performed, and to take care of both my Children, and to see 
that they are brot up as they ought to be, and that when they Shall 
arrive at the age of receiving their portions To pay them justly. — 

And 1 do strictly charge and Com'and both my ('hildren to carry 
themselves dutiful and obedient unto their mother, so long as she 
shall live, and that they live in love and unity one with another, 
so long as it please GOD they both shall live, and that they carry it 
respectively to their Grandfather and Grandmother with all their 
Uncles and Aunts, and behave themselves justly to all persons, fear- 
ing GOD, & honouring the King In Witness hereof I have hereunto 
set my hand and seal the twenty first day of October one thousand 
six hundred ninety two 

Signed & sealed Robert Tufton Mason [seal] 

In presence of 

Henry Sherburn 

Sarah Sherburn 

Susan Wiggin 

Copy 

Henrv Sherburn aged 72 y"^", Sarah Sherburn aged 69, and 
Susanna Johnson (formerly Wiggin) aged 67 y"^*, made oath that 
their names subscribed, as the names of Witnesses to this tes- 
tament, were of their own hand writing respectively, and that 
they firmly beleived Rob' Tufton Mason sign'd & seal'd it in 
their presence, and that they signed as Witnesses at the same 
time, and also that he was of a Sound mind at the doing thereof. 

May 27, 1738 

Copy 

This will is not yet approved and allowed ; the same (to- 
gether with the testimony of the Witnesses,) being under the 
Judge's consideration 



MASOXIAN PAPERS GENERAL. 155 

[jRobert Tufton Mason's Commission as Attorney- General., May 28, 

1695.'] 

[Masonian Papers, Vol. 1, p. 26.] 

John Usher Esq"^ Lieu" Govern'" Comaiider in Cheife 
[SealJ of our Provinct* of New Hampsli'^ in New Engl*^ : lu 

America, and Vice Admir" of the Same: To Robert 
TuFFTON Mason — Gentleman Greeting; liaveing Especiall Trust 
and Conlidencein your faitlifullness ; Ability and Learning I doe by 
these Presents Pursuant to the Powers and Authority's granted me 
by His Majesty King William over EngP: &c : Constitute, Ordain, 
apoint and hi vest you the sd KoB^ Tuffton Mason Esq' in the 
Office of Attorny "Generall for his Majesty in this his Province 
afores'' ; You are therefore by Vertue of these presents dilligently 
to Liquire into all Sutes in the Law concerning his Majests hi- 
terest, and of every thing and things matters device and devices 
belonging unto your Office, and Concerning his Majesty his Crown 
and dignity ; and you are hereby Impowred by vertue of these 
Presents to Sue, plead, Imparte, Implead, Indicte. &c any and who- 
soever sJiall be by any manner or means to be Sued or Arraigned 
Impleaded and Indicted on his Majests Behalfe in w' cause and 
action w'soever:and for the due Execution and perforemance of 
your s'' Office and in every thing that thereto apertaines 1 doe 
herby give and Grauntyou all Benifitts. fees and Advantages to the 
sd Office belonging: You Rendring an acco" of all your proceed- 
ings Li the S' Office to me or Some other Ap'ointed by me : Given 

under my hand & Seale at New Castle this 28"' of May 16i'5 : 

John Usher 
By the L^' Govern'^® Comand 

William Bedford : Dp^ Secy*^: 



\_"- Fine ^ Recovery in y^ County of Kent'' \ 

[Masonian Papers, Vol. 1, p. 27.] 

William the third by the grace of God of England Scotland 
France & L-eland King "Defender of the Faith &'' To all to whom 
these O'^ P'sent Letters shall Come Greeting know ye that Certain 
fine with Proclamations thereon made according to the form of the 
statute in the like Case lately made & provided Lieved in our Court 
before our then Justices of the Bench at Westminster in the Term of 
St Hillery in the second year of our Reign the ten'or of which 



15(5 CHARTER RECORDS. 

followeth in these words Kent SS : this is the finall Concord made 
in the Court of our Lord & Lady King & Queen at Westminster on 
the morrow of St Martains in the second year of tlie Reigns of W" 
& Mary by the Grace of God of England Scothmd France & Ire- 
land King Queen Defendor of the Faith &" Before Henry Pollexfen 
John Powell Tliomas Rokeby & Peyton Ventriss Justices & after- 
wards in the Octaves of tiie Purification of the Blessed Virgin Mary 
in the year of the Reigns of tlie s'' King & Queen as above- 
said Twas there granted & Recorded befoi-e the same Justices 
& other faithfull of our said Lord & Lady King & Queen then & 
there being Present Between Samuel Allen Gentleman PI' and John 
Tufton Mason Gentleman &Rob'Tufton Mason Gentleman Deforces 
of the Mannor of Mason Hall with the appurtenances & of four 
Thousand Messages three thousand Cottages three thousand Barns 
fifty mills Six thousand Gardens a hundred thousand Acres of Land 
a hundred Thousand Acres of meadow a hundred thousand acres of 
Pasture one million & a hundred thousand acres of wood Two 
hundred thousand acres of Marsh & Moss Land a hundred thousand 
acres of fresh Marsh a hundred thousand acres of salt Marsh a hun- 
dred thousand acres of * * * j^ hundred thousand acres of * 
* * Two hundred thousand acres of land Covered with water 
a hundred pound Rent Commons of Pasture for all manner of 
Cattle free fisher}^ and free Warrin with the appurtenances in New 
Hamp"^ main masonia Laconia Mason Hall an Mariana in New Eng- 
land in America in the Parish of Green wige whereupon a plea of 
Covenant was Sum'oned Between them in the same Court (To witt) 
that the aforesaid John & Rob* Recognized the afores'' Manners 
Tenem'* rents Com'on of Pasture fishery & Warrins with the ap- 
purtenances to be the Right of the said Samuel as those which the 
said Sam^' hath of the Gifts of the aforesaid John & Robert 
& those which y^ said John & Robert for themselves and their 
Heirs have Remised & quited Claim forever to the aforesaid 
Samuel & his heirs & further the said John hath Granted for 
himself and his heirs that they will Warrant to the aforesaid 
Samuel & his heirs the said mannor Tennements rent Com'on 
of Pasture fishery & Warrin with the Appurtenances against 
the said John and his heirs forever & further, the said Rob' 
hath granted for himself & his heirs that they will Warrant 
to the aforesaid Samuel & his heirs the aforesaid Mannor Ten- 
nement Rent Com'on of Pasture fishery & Warrin with the 
appurtenances against the afores** Rob' & his heirs forever — And 
for this Recognition Remition Quitt Claime Warrant fine & Con- 
cord the Said Samuel Hath given to the aforesaid John & Rob'. 



AIASONIAN PAPEltS GENERAL. 157 

two thout;aiKl Pounds Steil the teiinor of tlie prochiiniing of 
which fine followeth in these words according to the forme of 
the Statute the first Proclamation was made the twelfth da_v 
of Feb>' in the Term of S' Hillery in the Second year of the 
Reign of the King & Queen within Written the Secon'' Proclama- 
tion was made the twelfth Day of may in Easter Term in the third 
Year of the Reign of the King & Queen above written the third 
Proclamation was made the Nineteenth Day of June in the term of 
the Holy Trinity in the third year of the Reign of the King & Queen 
within Written, the fourth proclamation was made the 26'^ of 
October in the Term of S' Michall in the third Year of the Reign of 
the Kijig & Queen within Written 

In Witness whereof we have Caused to be affixed to these Pres- 
ents our usual Seal for Sealing of Writts in our Bench aforesaid 
Witness Geoige Treby at Westminster the nine and twentieth Day 
of april in the Eight year of our Reign 

Laud 
Seal appending 

This is a true translation according the best of our Judgm^'- 



J. A. Meinses 
Cha. Story 

Copy as on File in Case Allen v'' Waldron in Clerk's Office of Su- 
periour Court of Judicature 

Examined ? Geo: Jaffrey CI 



[^Statement of Henry Lanffster, May 10^ 1699.'] 

[Masonian Papers, Vol. 1, p. 28.] 

Henry Langster of Bloody Point of Dover in this l*rovince aged 
ninety years or thereabouts testifyeth and Saith that about the year 
one thousand Six hundred thirty five he arrived at y*" Port of 
Piscatiqua River in y® Service of Cap* John Mason and that he lived 
two years in y*" Service of Said Mason with m' Walter Ncal one of 
y* Agents of Said Mason at Hi tie Harbor then called Rendevous 
Dat. at Portsm« y^ 9'^ May 1699— 

Hen"^ Langster 

and that there was a Consd'"'* Stock of Cattle reported to be Cap' 
Jn° Mason's 

Sworn in Court May lO"' 1699— 

■^ Curiam Sampson Sheafe Cler 

Vera Copia attest Rich*^ Partridge Cler"" 



158 CHAItTEK RECORDS. 

The above is a Copy as on file in a Case between Sam" Allen 
Esqu"" & David Lawrance 

Exami.Kl f Geo : Jaffrey j"^ CI: 



Letter, Earl of Bellomont to the Lords of Trade, June 22. 1700, 
State Papers, Vol. 2, p. 348. 



Complaint against Jame.s Menzies, Feb., 1700-1, State Papers, 
Vol. 3, pp. 119, 122. 



l^Permission to Withdratv Papers in Hern vs. Dow, Auc/. 13, 1700.'] 

[Masonian Papers. Vol. 1, p. 29.] 

Province of Newhampshire. 

At a Superior Court of Judicature held for this l*roviiice of New- 
hampshire at Portsmouth 13.. day August 1700. 

Present 



John Hinckes Esq'' Chief Justice — 

Peter Coffin ^ 

John Gerrish and > Esq'' Justices — 
John Plaisted ) 

Joseph Hern pP \ 

versus > Ejectment — 

Henry Dow — ) 

Joseph Hern moved the Couit that the Originall papers that were 
delivered unto the Court in a Cause depending at his suit against 
Henry Dow in a plea of Trespass and Ejectment, might be made use 
of in three other Suits or pleas of Trespass and Ejectment at his 

suit ready to be tryed One against Richard Waldron another 

against Samuel Leavett and another against William Vaughan. 
That the Clerk might deliver the said Originall papers again takeing 
Coppies of them and being paid for the same. Which was accord- 
ingly Granted — 

Copy of Record. — Attest Nath' Adams Clerk 



MASON IAN PAPKKS GKNKUAL. 159 

[Mortf/(u/e of Ne/r Udiitpsliirf, etc., from Allen to John Uslicr, Oct. 

U, 1701.'] 

[Masoniaii I'apers, Vol. 1, p. 80.] 

This liideiituie made the fourteenth day of October Amio Doiniui 
One thousand seven hundred and one, Annoque Regn' Ri^g^ Guliehiii 
Tertii Anglise &c. decimo tertio — Between Sauuiel Allen Esquire 
Proprietor of the Province of New Hampshire in New England of 
the one i)art, & John Usher of Charlestdwn in the County of Mid- 
dlesex within the ])rt>vince of the Massachusetts bay in New Eng- 
land aforesaid Esquire on the other jiart, — Witnesseth that the said 
Samuel Allen for c\: in consideration of the Sum of one thousand 
live hundred pounds current Money of New England to him in hand 
well & truly paid at & before the ensealing & delivery of these 
presents by the said John Usher, the receipt whereof to full content 
& Satisfaction the said Samuel Allen doth hereby acknowledge & 
thereof & of every [lart cV. paicel thereof doth acquit exonerate & 
discharge the said John Usher his heirs Executors administrators & 
Assigns & ever}- of them foiever by these presents As also for divers 
other good causes isi considerations him thereunto moving, He the 
said Saujiiel Allen hath given granted bargained sold aliened en- 
feoffed conveyed & confirmed & by these presents for himself his 
heirs doth fully freely clearly & absolutely give grant bargain sell 
alien enfeoff convey & confirm unto the said John Usher his heiis & 
Assigns forever. All that part i)urpart & portion of the main Land 
of & in New England in America beginning from the middle part of 
Naudceck River & from thence to proceed Eastwards along the Sea 
Coasts to Cape Ann, & round about the same to Piscataqua harbour, 
& so forwards ui) within the River of Newichawonock & to the far- 
thest head of said River & from thence northwestwards till Sixty 
miles be finished from the first Entrance of Piscataqua Harbour, 
And also from Naumkeck through the River thereof up into the 
Land West Sixty Miles from which period to cross overland to the 
sixty Miles End, accountetl from Piscataqua through Newichawonock 
River to the land northwestward aforesaid. And also all that the South 
half of the Isles of Sholes together with all other Islands & Isceletts 
as well embayed as adjoining lying or abutting upon or near the 
premises oi- any part or parcel thereof, within Five leagues distance 
not otherwise granted to any by special name at any time before the 
eighteenth day of April One thousand six hundred & thirty five, all 
which parts & portions of Lands Islands and premises are called by 
the name of New Hauipshire or the province of New hampshire, & 
also all that other j>arcel or portion of F.ands woods & wood grounds 



160 CHARTER RECORDS. 

lying on the Southeast part of the River of Sagadehock in the north 
east part of New England aforesaid at the mouth or entrance thereof 
containing there Ten thousand Acres which said other parcel of 
Lands is called & known by the name of Alasonia, And Also all that 
part or portion of Land in the province of Main in New England 
aforesaid beginning at the Entrance of Newichawonock River & 
so upwards along the said River & to the furthest head thereof & to 
contain in breaiUh through all the length aforesaid three miles 
within the land from every part of the said liiver & half way over 
the said River, And also all Towns, Villages & habitable places sit- 
uate standing or being in the said province of Newhampshire, par- 
cels of Land wood & wood grounds called Alasonia part of the s** 
province of main or any of them. And also all that firm Lauds Soils, 
& Grounds as well under water as above water & every Shores 
Creeks Havens, Harbours Bays ports Rivers Lakes Floods Waters 
Mines & Minerals as well royal Mines & minerals of Gold & Silver 
as other Mines & minerals be they such Mines & Minerals or veins 
of Metal as are close hidden in the Earth or openly seen in or upon 
the Earth, Saving only the fifth part of all the Oar of Gold & Silver 
to remain to his Majesty his heirs & Successors all quarries precious 
Stones pearls Ambergreese pine Trees Fir trees Oakes & all other 
Timber trees woods under woods & all fishing of what kind or kinds 
of fish soever, whether royal Fishes as whales, Sturgeons or any 
other Fish by whatsoever name or names they or any of them are 
or shall be called or known, liunting, hawking, fowling & all other 
singular other prerogatives rights commodities Jurisdictions royal- 
ties privileges franchises liberties preeminencies, marine power iu & 
upon the Seas, Lakes & Rivers within the said province & other 
premises. And also all Escheats Casualties Fflotzam Jetzam Logan, 
Anchorage & all other such duties Seils Islets perquisites & profits 
of Courts Deodauds Waives & Stra3's, Goods of felons, & fugitives, 
Escheats casual, profits hereditaments & appurtenances whatsoever 
Situate lying being arising happening accruing or to be had taken 
or enjoyed or any ways appertaining or belonging upon or within or 
out of the said province of New hampshire. parcels of Lands Wood 
& wood grounds called Masonia part of said province of Main, or 
any of them of what kind or nature soever in New England afore- 
said whereof wherein or whereinto the said Samuel Allen is seized 
possessed or have any Estate right title Interest equity of redemp- 
tion claim or demand whatsoever And Also all the reversion & re- 
versions Remainder and Remainders of & in all & every the hered- 
itaments & premises in & by these presents granted or mentioned to 
be granted & all the Rents all the rate of sixpence, or any other 



MASONIAN PAI'KHS GENERAL. 161 

Sum by the Acre & all oUiei; cheitreiits, quitrents or other rents 
reservations Services Issues & profits leserved due payable issuing 
or arising out of all & every or any of the said hereditaments & 
premises in & by tliese presents granted or mentioned to be granted, 
And all royal «S: other Rights powers liberties autliorities .Jurisdic- 
tions royalties benefits advantages & other matters & tilings what- 
soever, xVnd all the estate right title interest power authority claim 
c^' demand whatsoever of the said Samuel Allen of into or unto of 
all and every the said province tracts of Lands, Towns Villages 
liabitabel places, heriditaments c*v: ])remises in & by those presents 
granted or mentioned to be granted or any of them And also all 
deeds writings I'entals accounts papers and Evidences whatsoever 
any ways relating unto touching or concerning tlie said heredita- 
ments & premises, To have & to Hold, the said province of New 
Hampshire parcels of Land wood & wood grounds called Masonia, 
& all other the above granted & bargained premises, with their & 
every of their rights members & appurtenances, & every part & par- 
cel thereof unto the said John Usher & his heirs & Assigns forever 
to his & their own & sole proper Use & benefit & behoof forever, 
Provided always & upon condition nevertheless it being the true in- 
tent vS: meaning of these ])resents & parties to the same any thing 
herein to the contrary notwithstanding that if the said Samuel Allen 
his heirs Executors administrators or Assigns shall & do well & 
truly pay or cause to be paid unto the above named John Usher, his 
heirs Executors adminisf® or Assigns at or in the dwelling house of 
the said John Usher situate on his Earm in Charlestown where he 
now liveth in current Money of New England as it now passeth in 
the Massacluisetts province aforesaid the Sum of One thousand five 
hundred pounds in manner & according to the Articles & Agree- 
ment Signed by the abovenamed Samuel Allen & John Usher bear- 
ing date \yith the presents & that on or before the fourteenth day of 
October which will be in the year of our Lord One thousand Seven 
hundred & three, without fraud coven or further delay, that then 
this i^resent Indenture Sale, mortgage & Grant, & every clause & 
article herein contained shall cease determine be utterly void & of 
none effect or else to abide & remain in full force strength & virtue 
to all intents & ])ur])oses in the Law whatsoever. In witness wheVeof 
the said parties have interchangeably set their hands & Seals the 
day ^: year first above written 

Signed Sealed & "^ Samuel Allen seal, 

delivered in Boston | 
in f)resence of us. )> 

Benj-"* Elliot | 

Ja Meinzies. j 



162 CHARTER RECORDS. 

Boston Febriiaiy 16th 1703/4. Beiijumiu Eliot of full Age per- 
sonally appearing before uie the Subscriber one of her Majestys. 
Justices ot the peace within the province of the Massachusitts bay 
in New England made Oath that he Saw the within named Samuel 
Allen Esquire Sign seal & deliver the within written Instrument as 
his Act & Deed & that he the deponent together with James Mein- 
zeis set to their names as witnesses of the Execution thereof 

Jurat Cor. Is'' Addingtoii 

Entred & Recorded according to the Original 
March 14th. 1703/4, 

^ Sam' Penhallow Recorder 
Rockingham Records Lib 7, Fol 60 &"" 

Attest Sam' Brooks Redr 



\_Gove)'iio)-''s Sjjeech and A-tiswer, Feb. 10^ 170-3-4-~\ 
[Masonian Papers, Vol. 1, p. 31.] 

Province of } At a Council and General Assembly held at Portsm*> 

New Hamp*" ) by Adjournment on thursday the 10"^ day of Feb- 
ruary 1703 

Part of his Excellency's Speech to the General Assembly as Fol- 
loweth Viz"^ 

Gentlemen / 

I think it Alsoe proper to Acquaint you with her Majestys Com- 
mands which I have Receiv'd leferring to M"^ Aliens title to the 
waiste of this Province as the Same is Conveyed to him from the 
Heirs of M'' Mason and to Acquainte you that Nothing will more 
Tend to your Quiet and Repose nor to her Majesty's Just Satisfac- 
tion referring to this Province then to have an Amicable and quiet 
Issue in that Matter 

At a Council and General Assembly held at Portsmouth by Ad- 
journment on Fryday the 11"^ of Feb'>' 1703 

Part of The Assembly's Answer to the above Speech Viz' 

As to What your Excellency has been Pleased to Communicate to 
us of her Majestys Commands referring to M"^ Allen's Title to the 
Waiste of this Province we Humbly represent and Pray of your 
Excellency that it may be Said befoie her Most Sacred Majestie that 
we are Very Sensible of her Majesty's Princely legard and Justice 
to her Most DutifuU Subjects of this Province in the Last Tryall 
Between M'^ Allen and M' Waldron which has forever Obleidged us 



MASONIAN I'AlMCIiS (JKNKIIAL. 163 

to a Sense of and Resolnlion in our Duty & Obedience to her Majes- 
ties that this Province is at Least Sixty miles Long and twenty 
miles Wide Containino- I'JOO Square miles and that the inhabitants 
have only Claim to the Propert}' of Such Land as is Contained 
within their Town Bounds which is Less than one third part of the 
Province and has been Posses't by them and their Ancestors for 
more than Sixty years but have Nothing to Offer as a greivance if 
the Other two thirds be Adjudged to M"" Allen but Shall be Glad to 
See the Same Planted and Settled for the Better Securitye & De- 
fence of the whole withal Humbly Desiring it may be Considered 
how much time blood & treasure has been Spent to Settle and De- 
fend this part of her. Majesty's Dominion in New England and that 
the Cost and Labour bestowed thereon farr Exceeds the Present 
true Value of the Land So that we humbly Hope her Majesty's In- 
tention is not to take Off the Herbage Timber and Fuel! from the 
Inhabitants without which they Cannot Subsist and Less then the 
Bounds of their Present Towns which were but four in Number 
untill of Late two were Divided will not give Feed for their Cattle 
and Timber and Fuell Necessary it being not Usual in these Planta- 
tions to Fence much more of their Lands then Serves foi- Tillage & 
Leaving the Rest Unfenced for the Feed of their Cattle in Com- 
mon 

Wee are well Assured Of her Maje§ties (^liatious Regard to All 
her Good Subjects of this Province and Humbly Postrate ourselves 
at her Feet in this Affair of So Great Concernment to us 

Vea Copia Drawn from the Council Book in the Secretary's Office 
Of thi^ her Majesty's Province of New Hampshire the 14'^ Day of 
April 1707 

^ Cha: Story Secre^ 

Province of 
New Hampshire 

Copy Examined '^ Geo Jaffiey j'' CI 

Copy Examin'd f Geo: Jaffrey CI: 



March 22 1747 



IDepontion of liohert Pike, May 29, 1704.] 
[Masonian Papers, Vol. 1, p. 32.] 

Major Robert Pike Esq'^ Aged about Eighty Eight years Testifyeth 
and Saith that he was vvell Acquainted with Cap' Walter Neale M'' 
Henry Josslin Cap* Francis Norton M'' Sampson Lane when they 
Lived at Perscataqua above fifty or Sixty years past att which time 



164 CHAKTER RECORDS. 

they Lived at Perscataqua in the right of Cap* John Mason And 
were Agents (as was reported) commonly for him or his heirs And 
that Cap' Neale Lived in the Stone iiouse att the Mouth of a Little 
River (near the Mouth of Perscataqua River) of Late Called Littell 
Harbour and was always Caled Cap' Masons Stone house And that 
Some time Since one M'' Gee Lived in Said house in the right of 
Cap' Mason and that afterward Joseph Mason Agent for M"^* Anne 
Mason the Widdow of Said Cap' Mason lived att the Said liouse at 
the Mouth of the river aforesaid in Right of the Said M'^ Anne 
Mason aforesaid And that this Deponant Lodged one Night in Said 
house w"^ Said M'" Joseph Mason he being Imployed by Said Joseph 
Mason to Assist him in M'^* Masons affaires above fifty yeares past 
And the Deponent further Saith that the above Named Cap' Norton 
and one Cap' Wannerton and Sampson Lane did all live in perscat- 
aqua upon the Right of Cap' Mason but Cannot bee positive 
of the Name of the house they Lived in And that the Depo- 
nant bought of one Will Cots one of Cap' Masons Servants an heifer 
for Which he paid Eighteen p''* And that his wife before her Mar- 
iage bought of the other Servants three of Said Masons Cows and 
payed Seventy five pounds for them to M'' Gee and that there was 
then a Stock of Neat Cattel belonging to Cap' Mason which said 

Norton Carryed away and further Saith not 

Rob' Pike 

Province of the Massachusetts 

Essex ss / Major Robert Pike Esq'' personally Appeared before me 
the Subscriber & Made oath to all above written this 29"' Day of 
May 1704/ 

Attests- Joseph Woodbridge Justice of the Peace 

The above is Copv of that on File in a Case Allen v* Waldron 
Examin'd " "f Geo: Jaffrey j^ CI: 



Meeting of committee on Allen's claim, June 4, 1704. State 
Papers, Vol. 17, p. 693. 

[^Convention to Consider Allen's Claim, May 3, 1705.1 

[Council and Assembly Records, April 26, 1705.] 

M" Nathaniell Hill one of the House of Representatives brought 

up]) the following Vote in haec Verba. 

Whereas his Excellency our Governour this day was pleased to 



MASONIAN PAPERS GEN Ell AL. 165 

Communieato Unto the Representatives of this province the Con- 
sideration of the State thereof Referring To m'' Aliens Claime, and 
that there was a faire oppertunitye of Ending of all differences 
thereabout left the Same to their Consideration./ 

Voted/ that the Constables of each Town within this province, be 
forthwitli required to Convene the ffreeholders of their Respective 
Towns to meet at their usual place of meeting on Monday the 
thirtyeth of this Instant, by tenn of the Clock in the fforenoone 
then and there to make Choice of two of their princi])al ffreeholders 
of each Town with full power from themselves and their Commun- 
itye to meet at portsmouth on Tuesday the first day of May by 
twelve of the Clock that day, to Joyne with the Representatives of 
this province, as a Committee to discourse. Debate, & determine 
what may be most advantageous for the benefitt of this province, re- 
lateing to m'' Aliens Claime of the Same./ 

April the 25« 1705 

past by the House of Rep'sentatives "^ me 

Sam" Keais Clark 

Eodera die 

Consented to by his Excellency and Councill 

Cha: Story Secretary 

[The following account of the proceedings of this convention is 
an extract from a " Representation of the Lords of Trade to King 
George 11 respecting New Hampshire, 1753," as contained in a vol- 
ume in the office of the Secretary of State, labelled "Lords of Trade, 
1753," with three other labels. Ed.] 

On the 3'^ of May 17.05 the Inhabitants and Terre-Tenants of the 
Province at a general Meeting held at Portsmouth came to the fol- 
lowing resolution with lespect to M^' Aliens Title ; 

''That they had not on behalf of themselves nor any the Inhab- 
itants of this Province, whom they represented, any Challenge or 
Claim to Any part of this Province extra the Bounds of the four 
Towns of Portsmouth Hampton Dover and Exeter with the Hamlets 
of Newcastle and Kingstown &c A})pertaining, which were all com- 
prehended by a Line, on the western part of Dover Exeter and 
Kingstow^n already known and laid Out. and Should be forthwith 
revised, but that the said Samuel Allen Esq'' his Heirs and Assigns 
might peaceably iiold and enjoy the said great waste Containing 40 
Miles in length and 20 Miles in Breadth or there abouts at the 
Heads of the four Towns aforesaid, if so should please her Majesty : 
and that the Inhabitants of this Province at all times Should be so 



166 CHARTER RECORDS. 

far from giving Interruption to the Settlement tliereof, that they de- 
clare on their behalf and by the power given them that they desire 
by all Means, that the waste Might be planted and filled with In- 
habitants the Lands being very capable thereof to whom they would 
all give their Assistance and encouragenient as far as they were able. 

That in case Samuel Allen should for himself his Heirs Executors 
&c for ever quit clame unto the present Inhabitants, their Heirs and 
Assigns for ever of all that Tract of Land and eveiy part and parcell 
thereof with all piivilages &c Situate lying and being within the 
several Towns of this Province to the extents of the Bounds thereof, 
and also warrant and defend the same to the Ldiabitants against all 
manner of persons whatever free from Mortgage Litailment and all 
Other Manner of Incumbrances ; and that this agreement and the 
Lands therein Contained should be Accepted and confirmed by her 
Majesty, then and in such Case they agree to lot and lay Out Unto 
Samuel Allen his Heirs and Assigns for ever five Hundred Acres of 
Land Out of the Townships of Portsmouth ; And Newcastle ; 1500 
Acres Out of the Township of Dover, 1500 Acres out of tlie Town- 
ship of Hampton and Kings Town, And 1500 Acres out of the 
Township of Exeter ; All which Lands should be laid out to him 
the said Samuel Allen Out of the Commonages of the respective 
Towns in such place or places not exceeding three places in a Town 
as Should be most convenient to M"^ Allen and least detrimental to 
the Inhabitants of the Town — 

And further they agree to pay Samuel Allen his Heirs or Assigns 
two thousand Pounds Current Money of New England, that is to 
say, one thousand Pounds within Twelve months after the receipt of 
her Majesty Confirmation of this their Agreement and the Other 
thousand pounds within Twelve Months after the first payment. 

And further that all Contracts and bargains formerly made be- 
tween M'' Mason and M"" Allen with any the Inhabitants or Other 
her Majestys Subjects, which were bonafide for Lands or other Priv- 
ileges in the possession of their Tenants in their own just Right, be- 
sides the Claim of M'' Mason or M'' Allen and no Other shall be Ac- 
counted good & valid by these Articles ; But if any the Purchasers, 
Lossees or Tenants should refuse to pay their just part of what 
Should be agreed to be paid, refering to this Affair in equal pro- 
portion with the rest of the Inhabitants According to the Land they 
hold for their Share should be abated by M' Allen Out of the two 
Thousand Pounds payable to hini by his Agreement. 

And further that Upon M'' Aliens Acceptance And Underwriting 
of these Articles they promised to give good Personal Security for 
the payments abovesaid. 



MASON IAN rAPERS GEN Hi; A L. 1(37 

Ami furtlior that all Actions and suits in the Law (lopeiuliiig or 
thereafter to be bi-onnht ("onserniiig tlie premises Should cease, de- 
termine and be void, Untill her Majestys pleasure Should l)e further 
known therein " 

These Propositions having been finally Settled and agreed to, 
were ordered to be presented to M"" Allen for his Acceptance; but 
his Death, which happened on tlie Next Day prevented it. 



[Deed, Allen to Hobby, Aug. 28, 1706.'] 

[Masonian Papers, V^ol. 1, p. 33.] 

This Indenture made this eight & twentieth day of August in 
the fifth year of the reign of our Sovei'eign Lady Ann by the Grace 
of God of England Scotland France & Ireland Queen &c'* & in the 
3'ear of our Lord one thousand seven hundred & six, between 
Thomas Allen of the city of London Esquire only Son & heir of 
Samuel Allen late of the Province of Newhampshire within her 
Majestys Territory & Dominion of New England Esqnire deceas'^ of 
the one part, & Sir Charles Hobby of London, Knight of the other 
part, Wheieas by Indenture bearing date the seven & twentieth day 
of April in the third year of the reign of onr late Sovereign Lord & 
Lad}^ King William & Queen Mary made & executed or mentioned 
to be made and executed between John Tufton Mason & Kobert 
Tufton Mason Son of Robert Tufton Mason sometime of the parish of 
Saint Martins in the Fields in the County of Middlesex Esq*' deceased 
of the one part & the said Samuel Allen by the name of Samuel 
Allen of London Merchant of the other part In consideration of the 
Sum of Two thousand Seven hundred & fifty pounds of Lawful 
Money of England to them the said John Tufton Mason & Robert 
Tufton Mason, in hand paid by the said Samuel Allen & for divers 
other good causes & considerations them thereunto moving they the 
said John Tufton Mason & Robert 'Lufton Mason. & each of them 
did Grant bargain & sell unto the said Samuel Allen *S: his heirs, 
All that part pur])art & portion of the main Lands of & in New 
England in America beginning from the middle part of Naumkeck 
River & from thence to proceed Eastward along the Sea coast to 
Cape Ann & round about the same to Piscataqua Harbour & so 
forwards up within the River Newichawonock & to the farthest 
head of the said River & from thence northwest till Sixty Miles be 
finished from the fiist entrance of Pisrata(|ua Harbour & also iron) 
Xaumkeck thro the River thereof uj) into I he Land \yest Sixty 



168 CHARTER KECORDS. 

Miles from which period to cross over Land to the Sixty Miles End 
accounted from Piscataqua through Newichawonock River to the 
Land Northwestward aforesaid And also all that the South half of 
the Isle of Sholes together with all other Islands & Islets as well 
embayed as adjoining lying or butting upon or near the premises or 
an}^ part or parcel thereof within Two leagues distant not otherwavs 
granted to any by special name at any time before the eighteenth 
day of April One thousand six hundred thirty & five. All which part 
& parcel of Lands Islands & premises are called by the name of 
Newhampshire or the province of Newhampshire. And also all that 
other parcel or portions of Lands woods & wood Grounds lying on 
the Southeast part of the River of Sagadehock on the northeast part 
of New England aforesaid at the mouth or Entrance thereof contain- 
ing there Ten thousand Acres which said other parcels of Lands is 
called & known by the name of Masonia And also that part & por- 
tion of Land in the province of Main in New England aforesaid be- 
ginning at the Entrance of Nechawanick River & so upwards along 
the said River & to the farthest head thereof, & to contain in breadth 
through all the length aforesaid three miles within the Land from 
every part of the said River & half way over the said River. And 
also all that part of the Sea coast of New England aforesaid being a 
great head of Land or cape & lying in the northermost pait of the 
Massachusetts Country & to the northeastwards of the great River 
of the Massachusetts stretching & l.V'iig between the Latitude of 
Forty two & forty three degrees or thereabouts & commonly called 
tSc known of Trabiganda or Cape Ann with the north South & East 
Shores & Coasts thereof the back bounds thereof towards the main 
Land beginning at the head of the great River to the Southward of 
the said Cape which runs into the Countiy of the main Land up- 
wards Westward & supposed to be called Narrinkeck or by what 
other name or names the said River then was or might be called & 
so forth Eastward into the Sea & to the utmost parts of the said 
head Land, or Cape & round about the same to the northward & 
from thence along the Sea Coasts to next great River which runs up 
into the main Land westward & Supposed to be called Merrimack & 
lying to the northward of the said Cape & to the farthest head of 
the said River from which period to cross over Land to the head of 
the other great River which 13'es Southward of the aforesaid Cape, 
where the perambulation began & half way over that is to say to the 
midst of either of the said two rivers which bounds or limits the 
aforesaid Lands both on the North & South theieof together with 
the great Isle or Island called Island Mason lying near or before the 
bav or harbour Agfawom toorether also with all the Sects Isles or 



MASONIAN PAPERS GENERAL. 169 

Islands adjoining to any part of the precincts c>f tlie Lands aforesaid 
or lying within three Miles of any part of the same which said pait 
of the Sea Coast, great head Land or Cape with the aj)i)urtenances 
were commonly called or known by the name of Mary an, And also 
all those I^ands & countrys lying adjacent or bordering upon the 
great Lake or Lakes, or Rivers commonly called or known by the 
name of the Iviver v.K: Lake or Rivers & Lakes of Loquoise together 
with the Lakes & Rivers of L-oquots, & other nations adjoining the 
middle part of which Lake is situate about the Latitude of fort}' 
four or forty five degrees reckoned from the equinoctial Line north- 
wards. And also all the Lands Soils & Grounds within Ten Miles 
of any part of the said Lakes or Rivers on the Southeast part thereof 
& from the west End or side of the said Lakes or Rivers so far forth 
to the west as shall extend half into the next great Lake to the 
Westward & from thence Northwards unto the Noi'th side of the 
main River which runneth from the great & vast western Lakes & 
falleth into the River of Canada, including all the Islands within 
the precincts or perambulation described which said of Lands 

Rivers lakes with the appurtenances are commonly called & known 
by the name of the province of Latonia And also all those Towns 
villages ports or places called Portsmouth Hampton Dover Exeter 
Little harbour Greenland Salisbury Old Salisbury Concord Sudbury 
Reading Billerica Glouster Cape Ann Town Ipswich VVenham New- 
bury Rowley Plaverhiil Andover Bisstown Woburn & all other 
Towns villages & habitabel places situate & being in the said prov- 
ince of New hampshire And the said John Tufton Mason & Robert 
Tufton Mason did also grant unto the said Samuel Allen his heirs & 
Assigns divers other Lands & parcels of Land Creeks Havens Hai"- 
bours Bays ports Rivers Mines & minerals as well roj^al as base, 
Jurisdiction, Royalties privileges & other Things as by the said in 
part recited Indenture relation being thereto had may more fully 
appear. And \VHEP.EAS,the said Samuel Allen is lately dead by whose 
Death all & singular the aforesaid Lands & premises are descended 
& come & do descend & come to the said Thomas Allen party to 
these presents only Son & heir at Law of the said Samuel Allen, 
And Whereas by Indenture bearing date the one & thirtieth day of 
August in the year of our Lord one thousand seven hundred & live 
made or mentioned to be made between the said Thomas Allen of 
the one part & Carlton van Brugh of London merchant of the other 
part. The said Thomas Allen for & in consideiation of the Sum of 
Two hundred & fifty pounds of lawful AFoney of England to him in 
hand paid by the said Carlton Van Brugh the said Thomas Allen 
did grant unto the said Carlton van Burgh his heirs & assigns one 



170 CHARTER RECORDS. 

full fourth part both in quantity & value of all & every the 
Countries provinces Mannors Tracts portions or parcels of Laud, 
Islands Islets Towns villages habitable places meadows pastures 
woods. Lands Tenements Rivers waters, Piscaries, Liberties Com- 
modities Royalties prerogatives & hereditaments whatsoever which 
were granted bargained & sold or intended to have been granted 
bargained & sold by the said John Tufton Mason & Robert Tufton 
Mason to the said Samuel Allen as aforesaid. As also one full 
fourth part of all other the Lands Tenements & hereditaments what- 
soever of him the said Thomas Allen situate & being within the said 
province of Newhampshire or elsewhere within his Majestys terri- 
tory & dominions of New England as by the said in part recited 
Indenture relation being thereunto had doth & may more fully & at 
large appear And whereas the said two hundred & fifty pounds last 
mentioned was the proper money of the said Sir Charles Hobby & 
the said Carleton van Burghs named in the last mentioned Indenture 
was only made use of in Trust for the said Charles Hobby. Now 
this Indenture WITNESSETH that for & in consideration of the Sum of 
Two hundred & fifty pounds of good & lawful mone}'" of England 
to him the said Thomas Allen in hand paid by the said S"" Charles 
Hobb}^ before the ensealing & executing these presents the receipt 
whereof the said Thomas Allen doth hereby acknowledge & of the 
farther Sum of Five hundred pounds lawful & current Money of 
New EnglatKl by one Obligation or writing obligatory under the 
hand & Seal of the said Sir Charles Hobby & bearing even date 
with these presents secured to be paid to the said Thomas Allen hath 
granted bargained & sold & by these presents doth grant bargain & 
sell unto the said Sir Charles Hobby one other full fourth part the 
whole in four parts equally to be divided of all & every the said 
Countrys provinces Mannors Tracts portions or parcels of Land 
Island Isles Countrys Rivers waters Piscaries woods meadows pas- 
tures Lands Tenements & hereditaments whatsoever which were 
granted bargained & Sokl by the said John Tufton Mason & Robert 
Tufton Mason to the said Samuel Allen. And also one full fourth 
part of all the Lands tenements & hereditaments whatsoever which 
of right did descend & come or did or do of right belong unto the 
said Thomas Allen as heir at Law of his said Father Samuel Allen 
deceas'^ or otherwise however lyiug & being within the said province 
of New hampshire or elsewhere within his Majestys Territory & 
Dominion of New England. To have and to hold, to the said S' 
Charles Hobby his heirs & assigns forever to his & their proper use one 
full fourth part the whole in four ])arts equally to be divided of all & 
every the aforesaid Countrys, provinces, Mannors, Lands Tenements 



MASONIAN PAPERS GENERAL. 171 

hereditaments with their appurtenances. As also all his the said 
Thomas Aliens right title estate interest claim & demand both in 
Law & Equity of in & to the said fourth part thereof. And the said 
Thomas Allen for himself his heirs Executors & administrators &, 
every of them doth grant covenant & agree to & with the said 
Charles Hobby his heirs Executors administratois & Assigns by 
these presents that he the said Thomas Allen hath not at any time 
made done suffered executed or committed or caused to be done suf- 
fered executed or committed any deed or deeds writing or writings 
Act or Acts thing or things whatsoever wherewith or whereby to 
grant bargain sell alien convey Assign lease demise charge mortgage 
incumber or dispose of any or either of the aforesaid Lands & prem- 
ises, save only & alwise the excepted the said in part recited inden- 
ture to have been made & executed by the said Thomas Allen, to 
the said Carleton van Brugh & his heirs as aforesaid. And, the said 
Thomas Allen for himself his heirs Executors & administrators & 
every of them doth farther covenant & agree to & with the said S'' 
Charles Hobby his heirs & Assigns by these presents that the said 
Thomas Allen & his heirs shall & will at all times hereafter make 
do & execute such other & farther deed & deeds writing & writings 
& such other Act & Acts thing & things whatsoever for the better 
& more effectual granting Assuring & mere making over & convey- 
ing to the said Sir Charles Hobby & his heirs according to the true 
intent & meaning of these presents, One full fourth part of all the 
aforesaid Lands & premises as by the said Sir Charles Hobby his 
heirs & assigns or by his or their Council learned in the Law shall 
be reasonably devised advised or required. In witness whereof the 
parties to these presents have hereunto set their hands & Seals the 
day & year first above written 

Sealed & delivered Thomas Allen Seal 

in tlie presence of 
Micajah Perry ) 

Chas Whichcote > 
William Wharton. ) 

Received the day & year first within written of the within named 
Sir Charles Hobby, the Sum of Two hundred & fifty pounds being 
the consideration money within mentioned to be paid to me I say re- 
ceived "^ me 

Witness Thomas Allen 

Micajah Perry ^ 

Chas. Whichcote ^ 

W" Wharton 1^ 



172 CHARTEE RECORDS. 

Indors'^ Claus in pai- Scrip*^ Dui Regiue Tertiodie Decembiis Anno 
Infra Script pius Impress Sed'" tenorum Statui fact Anno Regni 
nuper Regis & Regine Gulielmi & Mariae Angliee & Sexto 

Allen ar per Cur J Phillips 

et Exter 

Hobby Miles 

Entred & Recorded according to the original Jany 23** 1717/8 

W"' Vaughan Recorder 

Rockingham Records Lib 10, Fol 1, 2, 3 4, 5, 6 — 

Ex Attest Sam' Brooks Redr 



Case of Allen v. Waldron, Aug. 12, 1707, State Papers, Vol. 2, 
pp. 514-562. 



Address of the House of Representatives to Queen Anne, 1707-8, 
State Papers, Vol. 3, p. 354. 



Address of Governor, Council, and House of Representatives to 
the Queen, Dec. 6, 1709, State Papers, Vol. 3, p. 415. 



\_Reco7'd of Birth of John Tufton Mason^ 1713.~\ 
[Masonian Papers, Vol. 1, p. 34.] 

John, Son of John Tufton and Susanna his Wife, born 29 April, 
1713. 

A true Copy from the Registry of Births within the Town of 
Boston in New England. 

Attest' Samuel Gerrish Town Cler 



\_Mason Genealogy.'] 
[Masonian Papers, Vol. 1, p. 36.] 

Cap*^ Jn" Mason Esq"" Grantee of New Hampshire from K 
Charles I'*' & the Councell att Plirn^ Ann. 1629 & 1635 



- MASONIAN PAPERS GENERAL. 173 

Ann only Daughter of John Maried to Joseph Tufton Esq"^ Had 
two Sons 

John Tufton Mason Dyed Without Issue 

Rob' Tufton Mason Declared the Propriator By K. Charles: II : 
n° 1:5 In the Settlem' 1677 Presed Cutts Conc'^ 1679 By the 
Kings Mandamus 1080 Dyed 1(38G Leaving two Sons Vide : N° 1. 
2. 3 4 : 5 : 7 

Jn*' Tufton Mason Dyed Not Being Maried in Virginia 

Robert Tufton Mason Lost at Sea 1696 Maryed to Katherine 
Wiggin Had one Son vide N° 1: 2: 3: 4. 5 6 

Elizabeth now alive 

John Tufton Mason Dyed att y*^ Havana Anno 1718 

Tho* Tufton Mason Under age 

John Tufton Mason Eldest Son Now Living Being 25 : years old 
1738 



Letter from Oliver Noyes and Elisha Cooke, administrators of the 
estate of Sir Charles Hobby, to Lt.-Gov. Vaughan, Jan. 30, 1715, 
State Papers, Vol. 17, p. 724. 



\_Uxtract from Lt.-Grov. Vaughan' s Speeclt^ 1716.1 

[House Journal, Feb. 6, 1715-6.] 
Gen' 

I have Another thing to Inform you but Whither It Concerns you 
As Representatives of your people I shal Not Determine but As you 
Are My Neabors I think it Incumbant to let you know That I have 
Received A leter from the Administra'* of the Estate of S"^ Cha: 
Hobby Decesed who As they Relate Did buy half the title to this 
Prov. how far It Respects you you May Consider they offer you the 
Purchase but I Am of Opinian Goverm' hath Nothing to Doe with 
purchases but Especially Not without his Maj'* Royal Lycence had 
and Obteined * * * 



[Council and Assembly Records, Jan. 11, 1716-7.] 

Rich'' Waldron Esq"^ Judge of Probates appeared at y*" Council] 
board & prayed the advice of his Excellency the Gov"" & Councill 
ab' granting letters of administration to y*" Creditors of y*^ estate of 
S"^ Charles Hobby deceased 



174 CHAIJTER RECOEDS. 

[Council and Assembly Records, Jan. 12, 1716-7] 

Sam^ Pen hallow & John Went worth Esq' were sent down to the 
house of representatives to inform y' house that Ricli*^ Waldron 
Esq"" Judge of Probates had been at y" Councill Chamber to pray y" 
advice of his Excellency the Gov'' & Councill in a matter that is now 
before him as Judge of Probates (viz') the granting letters of ad- 
ministration to y" Creditors of the estate of S"^ Charles Hobby dec"* 
& to Ask their thoughts on this matter 



[Council Records, Jan. 17, 1716-7.] 

Elisha Cook and Oliver Noyes Esq" ^ferred a Petition or rather 
Memoriall & Appeal to this board from Rich'' Waldron Esq Judge 
of Probates as this is the Supream probate of the Province 

In Councill 
In Answer to the appeal and memorial of Elisha Cook and Oliver 
Noyes Esq' ab' the takeing letters of Administration on y*' estate of 
S"" Charles Hobby deceased we are of opinion that Rich'' Waldron 
Esq Judge of Probates &c has done well to suspend the granting 
letters of Administration to y^ S"^ Elisha Cook and oliver Noyes for 
the present 

[Council and Assembly Records, Jan. 17, 1716-7.] 

The Clerk was sent down to the house of representatives to call 
them to the Councill board in ord'^ to a conferrence ab*- Col" Wal- 
dron's proposal in granting letters of administration to y'' Creditors 
of S'^ Charles Hobby deceased, they came accordingly. CoP Wal- 
dron being sent for appeared also./ 

The result of the Conferren^^e is that CoP Waldron is advised not 
to grant letf* of Administration to the Creditors of y*" estate of S'' 
Charles Hobby deceased; for the '^sent 



[Council and Assembly Records, May 15, 1717. J 

Elisha Cook of Boston Esq'' appeared at this board and prayed that 
(whereas himself was a Creditor to y^ estate of S"" Charles Hobby 
deceased and had made application in Jan: last to have letters of Ad- 
ministration w'" was Suspended for a time) that he might now have 



MASONIAN PAPERS GENERAL. 175 

iKliiiiiiistration on S'' Estate wheieiiix)!] y^ Clerk was sent down to 
tlie house of representatives w^'' a vote for Suspending that affair 
two months longer 



[House Journal, ()(.t. 12, 1717.] 

Whereas we have been Inform'' y' Oliver Noyes & Elisha Cook 
Esq'* of Boston have had Administration Grant*^ to them by y" 
Judge of Probate, &et for y'* Province on y'' Pretend'' liites & Prop- 
erties of s" Cha'' Hobby Deeeas'' & y' y" Bonds given for their Reg- 
ular Administrat" was not sufficient 

Whereupon it is y'' Desire of y'* whole house Present y' y® upper 
house who is y^ Supreame Judge of Probate &ct : would put a Stop 
to any farther proceedings in y^ affaire till y® Interest of y*^ Province 
be a litle Consult'' 



[Council and Assembly Records, May 7. 1718.] 

Col*' Rich'' Waldron Esq as Judge of y*^ Court of Probate ap- 
peared at this board and prayed the Advice of His Excellency the 
Gov"" & Council! relating to his granting letters of Administration 
on y® estate of S"" Charles Hobby Dec'' unto the Creditors of S'' 
Estate the Advice of the board is that the matter be deferred till 
next week at w''' time there may be an opportunity to Advise w"' 
Mess''* Dudley and Valentine Counciir* at law on that head./ 



[Memorial of John Hohhy, Nov. 22, 1726.'] 
[Misc. Prov. and State Papers, Vol. 2, p. 156.] 

Province of New Hampshire Novemb'^ 22'' A. D. 1726 

To The Honble John Wentworth Esq'" L' Govr and Cora'ander in 
Chief & y^ Honble the Council & Representatives in General Court 
Assembled 

The Humble Memorial of John Hobby k:^on and Heir of S"^ Charles 
Hobby 

Sheweth 

That your Memorialist has by Descent from his s'' Father S"" 
Charles Hobby a just right to half y*" Lands of this Province w'"' 
he purchased of AP Thomas Allen Son and Heir of The Hon'ble 
Sam' Allen Esq"" — 



176 CHARTEll RECORDS. 

And now forasmuch as the main & principal parts of it are actu- 
ally Settled by the Labours and at y® great expense of y® blood 
and treasure of the present Inhabitants Your Memorialist is therefore 
willing to make them very easy in their possession however they 
were induced at first to possess themselves wrongfully of them— 

My business therefore at this present is to move this Hon'ble 
Court in behalf of the Inhabitants of y* Province to Consult some 
proper methods whereby y*^ Inhabitants may be Intirely Contented 
and at the same time I may not be utterly disinherited and lose my 
patrimony Among them. 

This is an Affair will doubtless be best Compromised in peace both 
for y" safty of our estates and satisfaction of our Consciences and 
the Issue may be Gods blessing upon our Labours & the security of 
our persons from his Chastisements by the barbarous Heathen The 
only thing I can suggest at present as a leading Step to it will be (if 
this Hon'ble Court think well of it) to have a Com'ittee of some 
moderate & discreet persons appointed by this Court in behalf of the 
Inhabitants that we ma}' freely and friendly debate the matter make 
mutuall offers & proposalls for an Accommodation & when we con- 
clude if the matter be pleasing to y** Inhabitants we shall ratifie 
them 

And I hope this Hon'ble Court will see the persons appointed (if 
they come into the proposal now made) be men of peace and Mod- 
eration willing to administer Justice altho' some temporal damage is 
suferrd by it for I determine to govern my self by such Advice, and 
if it be possible to prevent any further Contest & so I rest y^ Pro- 
posal! before your Honour & y^ Hon'ble Court &c 

John Hobbv 



[Council and Assembly Records, Nov. 23, 1726.] 

John Hobby Esq"^ Presented a Memorial To the Board Praying 
the Gen^ to appoint a Comniitte to Compound with him for his claim 
on one half of the Province which was read and sent down 



[House Journal, Nov. 24, 1726.] 

A Memoriall of M'' John Hobby son and heir at Law to S' Charles 
Hobby : Relateing to a Right bo* by the said S"" Charles of m' Thomas 
Allen was read : and the CI"" sent to the said Hobby for the Deed 
that alien Gave: which was alsoe Bro' into the house: and then the 



MASONIAN PAPERS GENERAL. 17T 

liouse Sent two messengers to Desier a Conference with the Board in 
the afteiiioone : 

Kod"' Die: A Message from the Board f G Jaffrey & R Wibird 
Esq"^* with an Answer to the Desier of the house in the Morning for 
a Conferreiice on M' Mobbys Mem°. It was his Pleas'" that the house 
attend at the Bonrd on that affaire: Then m"^ Speaker and the house 
went up accordingly & had a Conference & returned: 



[Council and Assembly Records, Nov. 24, 1726.] 

This day a Conferrence was held at the Council Chamber upon M"" 
Hobbys Memorial which being over the House withdrew to their own 
apartment — 



[House Journal, Nov. 29, 1726.] 

The vote of the Council 1 of the 25*'^ Ins' Relating to m"^ John 
Hobbys Memoriall w:is Read and Nonconcur'd 



[Council and Assembly Records, Nov. 30, 1726.] 

By Mr Deniiet y® following Vote 

In the House of Represen* 

The Memorial of John Hobby Esq'^ haviug been Considered in 
this House, The House are of opinion y*^ the I^aws of the Proviuce 
are Sufficient tf> determine any controversie with lespect to Huy title 
of land lying w"'in the Same, and It being unj)residented for this 
House to take jiny Cognisance, where the Title of land is determin- 
able by the Courts of Common law within this Province 

Voted Tiierefore That the Said Memorial be dismist 

9"^ 30^" 1726 Jam: Jeffiy Cler Assem 

In Council Eod™ die 

Read and Concurrd R Waldron Cler Con — 



\_Memorial of John Tufton Mai<07t, Jmxe^ 1738.^ 

[Masohian Papers, Vol. I, p. 37.] 

To his Excellency Jonathan Belcher Escj"" Captain General and 
Governoui" in chief in and over His Majesty's Province of the Massa- 
chusetts Bay in New England, the hon'ble the Council and House of 

Representatives in General Court assembled May 31 1738 

12 



CHARTER RECORDS. 



The Memorial of John Tufton Mason now residing at Boston 
Mariner Slieweth 

Thcit John Mason of London Esq^ in the Years 1620, 1620 and 
1635 had several (xrants and Conveyances of the Province of New 
Hampsiiire and other Lands made him by the Council of Plimouth 

That in the year 16-S5, the said John died, leaving behind him 
fonr Giandchildren, by his Daughter Ann (who intermarried Joseph 
Tufton Esq"") namely Ann, Robert, John & mary — and by his last 
will and Testament, duly proved and aj)proved at ivOndon and of 
Record there as also in the Province of New Ham])shire (among 
other things) devised his Estate in America to his Said (Tiandsons, 
thereby ordering them to take the Name of Mason and that the 
Estate continue in that Name — 

Tliat upon the Restoration of King Charles and afterwards, in the 
Year 1677, the said l|i)bert (his biother John being dead without 
Issue) petitioned for the Settlement of the Line of New Hampshire 
and obtaind the Same and was declard the Heir of the said John 
Mason and to be the Propiietor of the said Province — the Said 
Robert also Dying left two Sous namely John & Robert the Second 
John being Dead Childless 

That some Ye;irs aftei-, the Second Robert died, suddenly, leaving 
oneoulv son and heir, who went early to Sea and died about twenty 
Years Since, leaving your Memorialist an Infiint 

That your Memorialist understanding the said Line or Boundary is 
about being resettled at H(une, and being desirous to be present at 
the Determination of the Controversy between the two Provinces, in 
order to prevent his own Pro])erty's being affected therel)3\ thought 
it proi)er to acquaint your Excellency and Hon'ors with his Inten- 
tion, that so. if any thing just and equitable may be thought of 
proper to be done by and between this Piovince and your Memori- 
alist, it may be brought about; which is the hearty Desire of and 
liumbly Submitted to your ExceH'cy and Hon'ois by 

Your most humble servant 

Boston June 1738 



\_Opinion of John Head and Robert AucJnnnt//, June 16, J7oS.'\ 

[^Llsonian Papers, Vol. 1, p. 38.] 

John Tufton masons Case 

1629 Nov^ 7 The President and* Council Establisht at Plim'' for 
the ])luntiug & Governing of New Elngland Granted to Cap- 
tain John mason of London Esq"" all that part of the main 



MASONIAN PAPERS GENERAL. 179 

Land in New Englantl from the ^Middle of Meriuiack River along 
the Sea Coast to Piscataqua River up that river to the farthest head 
thereof & from thence Northwestwards till tliree score miles be 
fiiiisht from tlie Entrance of Piseataqua River and from merimack 
thro" that river to tlie farthest head thereof & so forwaids uj) into 
the Land westward till tlnee Score miles be finished & from thence 
to Cross over Laml to the thiee Sc(»re miles and accounted from 
Piseataqua River together with all the Islands within five miles of 
the premises with tlie appurtenances w''' the Said John mason 
with iheir Con^ent intended to name Newhampshire to hold to the 
said John mason & iiis lieirs 

1635 april 22: The President and Council aforesaid Grant to the 
said John mason all that part of New England fi-om the middle of 
neamkek River along the sea Coast round Cape Ann to Piseataqua 
ha hour & up the river Newiehawannaek to the farthest head thereof 
and from thence northwestwaid till Sixty miles be finish t from the 
Entrance of Piseataqua harbour and from Neamkeck thro' the river 
into the Lands west sixty miles from which period to Cross over 
Lands to the sixty miles and Accounted from Piseataqua aforesaid 
and y"" south half of the Isle of shoals & all other Islands witliin five 
Leagues of the |)remiss(s all to be Called Newhampshiie, also another 
])arcel of hind lying on the South East side of Sagadahock at the 
mouth of the river Containing near ten thousand acres to be Called 
by tlie name of masonia to hold to him & his heirs 

N B: S^ w'" Jones & S"" F''' Winington att"" & Sol"- Gen" in their 
report in favour of Robert Mason Grandson of John mason liis title 
to Newhampshire mention another (irant from the Said Piesident 
and Council to Captain John mason Dated 9*" march 1 20 which I 
have not Seen 

1635 Nov"^ 26 Captain John mason by his last will Devised to the 
mayor and commonality of Kingslyn 2000 Acres of Land in his 
County of Newhampshire or mannor of mason Hall in New England 
which his Executiix & overseers should think most fit Item to his 
Brother in Law John Wollaston 3000 Acres of Land in his County 
of Newhampshire or mannor of mason Hall where his Said Brother 
& Executrix should think fit to hold to him and his heirs Item to 
his Grandchild Ann Tufton masonia to hold to her & her heirs Item 
to his (jrandchild Robert Tufton his mannor of mason Hall to hold 
to him & his heirs pi-ovided lie alter his sirname & siiname himself 
mason first Item to John Wollaston aforesaid 2000 acres of land in 
his County of Newhamp'' in trust to Convey 1000 to some feofee in 
trust towards the maintainance of a Godly minister in Newhamp- 
shire & the other 1000 to some feofee towards the maintainance of a 



180 CHARTER RECORDS. 

free Grammer school in Nevvhaiupsbire Item to liis Grandchild 
John Tut'ton all the rest of his manners Messuages lands tenements 
and heriditaments in his County of Newhampshire or Else where in 
New EngUmd to hold to him & the heirs of his body Lawfully to be 
begotten Remainder to Robert Tufton & the heirs of his body Re- 
mainder to his Cosin Doctor Rol)ert Mason & the heirs males of his 
body & for want of such Issue to revert to the Donor & his heirs 
provided his Grandchild John Tufton shall alter his sii'name & sir- 
name himself mason first provided also the said John Tufton Shall 
pay his Sister mary Tufton out of the mannors messuages lands & 
Tennements aforesaid X500 Sterling for her Preferment in marriage 
&'^ &'■ & on the 2'' of Dec'' following his Will was proved in y*^ pro- 
rogative Court of Canterbury & Admin'" Granted to Ann his widow 
& Ex^ 

1677 John & ann Grandchildren died without Issue & their Estate 
come to Robert Tufton mason accordingly for whom King Charles 
2'' Settled y" bound Line between New Hampsh'' & y'' mass"" Bay & 
he died leaving two Sons John & Robert 

1691 April 27 John & Robert Tufton mason bargained & sold to 
samuel Allen of London merchant for a sum of money all Newhamp- 
shire as bounded in their Great Grandfathers Grant of 1635. & 
Masonia also part of the Province of main the Countrey marianna 
Province of Laconia & Several Towns in Newhampshire as here- 
tofore described with the appurtenances deeds & Charters thereof 
to hold to him & his heirs Then John died without Issue 

That Robert Tufton mason Surviving Great Grandson of Cap' 
John mason lived & died at Portsm" of Piscataqua about forty \ ears 
ago Ijeaving his Eldest Son John Tufton mason & several other 
clnldren & this John Tufton mason about 20 years after died Leav- 
ing one only child John I'ufton mason of Boston Marriner who 
Claims the Province of Newhampshire & would Compound with the 
Province of the massachusetts Bay all differences between them 
Amicably 

(qj upon the whole what Intrest hath this John Tufton mason in 
Newhampshire & to what purpose & Effect can the Province agree 
with him & in what mauer Execute it — 

A- S ) mueh as the Prnsident & Council aforsaid Conveyed to 
Cap' John mason for Newhampshire except the Lands southward of 
merriinack River & within three mih'S of it on the northerly side 
which was before Conveyt'd to y® Iidiabitats of the Colony of the 
massachusetis & Except 7000 acres particularly devised & the maii- 
nor of mason Hall the bounds & Contents whereof I know not, I say 
all the rest of Newhami)shire Cap' John mason by his will devised to 



MASON IAN TArERS GENERAL. 181 

his Grandson John Tufton mason intail gen' Remainder to his Grand- 
son Robert Tnfton mason intail Gen' with remaijiders over y'' right 
has prc^perly remained descended & Come to this John Tnfton mason 
of Boston marriner the alienation of his Great uncle & Grandfather 
aforesaid notwithstanding which Could be of no avail after their 
death 

S But if at their death his father was of full age it is so many 
years ago that his suit is Effectually bared by stat. 21 Ja** 1. V. 16. 
which requires him or his heirs to bring it within 20 years after the 
title accrued at the farthest 

and if he Ever came of age he or his heirs could have but ten years 
after he was of age or after his death to bring this suit which must 
be Elapsed in this time & their suit intirely bared for which only rea- 
son I am of opinion this Province (^an neither gett nor lose by him 

& his title aforesaid 

Jn" Read 

I conceive the right j)roperly deccends to John Tufton mason of 
Boston marriner tlie alienation aforesaid notwithstanding & am of 
opinion the statute of Limitations aforesaid will not be held of it- 
selfe to extend to New England being an act not affirmative of the 
Com'on Law but Introdicitive of a new Law & that against the 
Comon Law in abridgem*^ of the Gen" right the party has of pursu- 
ing & beyond twenty years Asserting his propertv & from the 
Express heads of the statu: the same appears to be Confined to the 
realm of England 

John Tufton mason can't Convey but for his life time & not y" 
being out of possession till he regains the same 

whatever fruit y" Province may Expect from his Title must be by 
proper powers 

Rob' Auchmuty 
Boston 16 June 1738 



[^DejJosition of Blary Manfield, June 27^ 1738.~\ 
[Masonian Papers, Vol. 1, p. 39.] 

The De|)Osition of Mary Manfield aged about eighty nine Years — 
Testifyeth & Saith that I Very well Remember when M' Robert 
Tufton Mason came into New England & that he brought with him 
Into this Country two Sons John & Robert as they were So 
Reputed or Judged to be & that Robert the Younger Married with 



182 CHARTER RECORDS. 

one M" Katherine Wiggins & by her had a Child whither a Son or 
daughter Saith not — 

lier 
Mary M Manfield 
mark 
Prov: New ) June y" 27"> 1738 

Hamp'' ) The above Named Mary Manfiehl Personally 

appeared & Made Oath to the truth of the above Deposition taken 
in perpet"' Rei Memoriam 

before Sha'' Wallton ) J: peace 

Jos Simpson ) Unus Quor'" 



[Depositions of Martha Trefetlien and Deborah Jones^ June 27, 17o8.'\ 

[Masonian Papers, Vol. 1, p. 40.] 

The Deposition of Martha Trefethen aged about Sixty Six Years — 
Testifyeih & Saith That I well Remember M"^ Robert Tufton Mason 
& that he had two Sons Named John & Robert as they were So 
deputed or Judged to be he Called y"' Sons & they Called him Father 
& Saith that Robert the Younger Married M'* Katheiine Wiggins as 
was Supposed they lived together as man & wife & had a Child for 
which ('hild I acted as a Nurse & y^ Child was a daughter & further 
Saith Not — 

her 
Martha O Trefethen 
Mark 
Province ) June 27"' 1738 

New Hamp"^ \ The above Named Martha Trefethen personally 
appealed & made Oath to the truth of y*^ above deposition taken in 
perpetuam rei Memoriam before 

Sha Walton \ J: peace 
' Jos: Simpson \ Quor'" Unus 

The Deposition of Deborah Jones aged about Seventy two Years 
— Testifyeth & Saith That I very well Remember AP Robeit Tufion 
Mason & that he Mai-ried M" Katherine Wiggins as was Supposed 
they lived together & iiad three Cliildren Named John (who was 
born before 1 lived in the house) Elizabeth & Katherine who was 
boi-n when I was present & that Katherine died when She was about 
two or three Months old 

her 
Deborah V Jones 
Mark 



.MASONIAN I'ATKKS GENERAL. 183 

Prov: I June 27'" 1738 

New 11:11111/ \ The above Named Deborali Jones personally 
appeared and made Oath to the truth of the above deposition 
taken in perpetuam rei Memoriam befoie 

Sha'' Walton } J peace 
Jos: Simpson ( Quorum Unus 



[^ Cej'tijieate and Deposit urns, 1/38.1 
[Masonian Papers, Vol. 1, p. 47.] 

By His Excellency Jonathan Belcher Esq'' Captain Gen- 

[seal] eral & Governour in Cheif in & over His Majesty's Prov- 
ince of the jMassachusetts Bay iu New England. 

I DO hereby Certify that Samuel Thaxter, William Dudley, Thomas 
Palmer, & Anthony Stoddaid Esq'^ are Justices of the Peace & of 
the Quorum for the County of Suffolk within the Province afore- 
said, & that William Pepperell Esq"" is a Justice of the Peace and 
Quorum, & Richard Cutt Esq'" a Justice of the Peace for the 
County of York in said Province, which said Justices are impowered 
by Law to take the Proof of Matters upon Oath ; And that full Faith 
& entire Credit is & ought to be given to their respective Acts & 
Attestations (as contained on the Papers hereunto annexed) both in 
Court & without. 

In Testimony whereof I have Caused the Publick Seal of the 
Province of the Massachusetts Bay aforesaid to be hereunto afhxed, 
Dated at Boston the twentieth day of July 1738. In the twelfth 
year of His Majesty's Reign. 

J Belcher 

By His Excellency's Command. 
J Willard Sec'ry. 

Rockingham Records Received 18th March 1789. 
Recorded Lib 124, Fol 49!;», Examined 

Sam* Brooks Recorder. 

The Honor''''-' Sha Walton of New Castile in y" Province of New 
Hampsh"^ Esq"^ aged Seventy Eight yeais being Sworne Do on Oath 
declare that he well knew Robert Mason Esq"^ otherwise call'' Robert 
Tufton Mason Esq*" who I understood was One of y*" Kings Council 
for New Ilampsh"" & Claimer of the Soil of the S'' Province & have 
heard that the S<* Robert Leased out much of y'' Laud in s'' Province 



184 CHARTER RECORDS. 

& have seen one made to my Father George Walton Late of S'' New 
Castile, and tliat he had two Sons John & Robert Tufton Mason tliey 
coming altogether from England about y® year 1680 or 1681 & that 
his younger son Robert Marry*^ with M""* Katharine VViggen and were 
reput'' to be man & wife & had Children y*^ first born was a Son calF 
John who I understood follow'' the Sea and further I have heard & 
did understand that the s^ John & Robert sons as abovesaid went a 
Voyage to Virginia where John was Drowned & was never Marryed 
as y® Depon' ever heard of and that y® S'' Robert was Lost going a 
Voyage from New Hampsh'' to the west indias upwards of forty years 

Since 

Sha Walton 

York ss / July 10"' 1738: this day y'^ above nam'' Sh'^ Walton Esq^ 
personally appear'^ & Made Oath to all above written taken in perpet- 
uam rei memoriam before 

\ym Pepperrell | Justices of y'' peace 
Richd Cutt ( Quorum Unus 



Rockingham Records Rec'' I8th March 11 < 
Recorded Lib 124, Fol 499 Examined 



Sam' Brooks Rdr 



Margret Pastry Aged ab' 64 years Testifieth & Saith that she Well 
Knew Robert Tufi'ton Mason Esq' the Clairaer of the Province of 
Newhampshire ab' the Years of 1686: when s'' Edmund Andros was 
Govern'' of the Territory of New lilngland in the Regin of his Maj® 
K: James the second And that the s'' Robert w''^ sev' other Gentlem" 
went w"' the s'' S' Edm'^ Andros to his Goverment of New York & 
Albany, And that y*^ Deponant was Inform'd that the s'' Robert Dyed 
at sopas upon Hudsons River between the Cittys of New York & 
Albany in his s'' Journey 

Margrett Pas tree 

Province of the Massachusetts Bay 

Boston 12"' July 1788 

Then Personally appearing before mee the Subscriber one of His 
Majestys Justices of the Peace for the Province abovenamed M^^ 
Margei-ett Pastree the above Depon* & made oath to the Truth of 
the Declaration by her Subscribed 

W" Dudley 
Rockingham Records Received 18th March 1789. 
Recorded Lib J 24 Fol 500 Examined 

Sam' Brooks Rdr 



MASONIAN PAPERS GENERAL. 185 

M" Elizabeth Allcock aged Seventy one years being Sworne do's 
on Oath declare that she knew Robert Tnfton Mason Esq"" & that he 
came over in this Countery upwards of fifty years past & that there 
was two Young men w*^^*" came here that was his reput'^ Sons call'^ 
John & Robert Tnfton Mason & I have heard that he Clairad y® 
Province of New llami^sh"^ & that his younger son Robert Marry*^ 
with M'^ Katharine Wiggin & were repuf' to be man & wife & had 
Children the Eldest of w'*' was a Son call'* John who I understood 
follow'' y® Sea, and I never heard that John Son of y^ above s'* Rob- 
ert was ever Marryed 

Eliz=^ Allcock 

Yorkss: July: lO^"^ 1738 

this day the above nam'' iNP* Eliz'' Allcock personalh^ appear'' & 
made Oath to all Above written taken in perpetuam rei meraoriam 
before 

W" Pepperrell } Justices of y*" peace 
Rich Cutt \ Quorum Unus 

Rockingham Records Received 18th March 1789. 
Recorded Lib 124 Fol 500 Examined 

Sam' Brooks Rdr 

The Deposition of Susanna Martyn late Tufton Mason is as fol- 
loweth 

That in the Year of our Lord 1711 I was Marryed to John Tufton 
Mason of Boston INIarriner, Some Time before of Portsmouth in the 
Province of Newhampsl)ire, who was Son of Robert Tufton Mason 
of tlie Said Province, by his Wife Katherine whose Maiden Name was 
Wiggin. and with whom this Depon' was well acquainted, and has 
been often at her Home in Newhampshire Dureing her Life, & while 
She was the Wife of the Said John, and has heard her foinier Hus- 
band Said Tufton IVLison often Complain to his Mother that the 
Papers and Evidences of his Title to the Lands of Newhampshire 
"were Secreted from him, and that he Suffered great Lijustice by 
being kept out of his Right, whieh Grieved my Said Husband very 
much. I have farther often heard him Declare that his Father 
Dying when he was Young, his Mother the aforesaid Katherine, 
Bound liim out to a Master of a Ship one Eliot in Order to follow 
the Sea. and being for the most part of his Time, from Nine Years 
old untill I Marryed him, at Sea, was the Reason he knew little 
of his Father's Concerns, and Claims to the Province of Newhamp- 
shire, And although he desired of his Mother to be let into the 
Knowledge thereof, yet She Denyed it. Seeming always rather In- 



186 CHARTER RECORDS. 

cliu'cl to keep liim in Ignorance, in Order, as the Depon' understood, 
to Serve her Daughter, m}' Said Husbands Sister, and tlie Depon* 
fnrther Says that John Tufton Mason my Said Husband, had born of 
my Body his Ekiest Son John; the 29 of April 1713. And the 
Deponent further Declares that her Said Husband John Tufton 
Mason being at the Havanna in the Spannish West Indies in the 
Year 1718 tliere Dyed 

her 
Susannah S Martyn 

mark 

Suffolk: ss: Boston July: 19"^ 1738. 

M""^ Susannah Martyn personally appearing made Oath to the truth 
of the above declaration by her Signed, taken in perpetnam rei 
Memoriain 

Before Tho^ Palmer } Justi'"^ Pac^ and 

Anthony Stoddard \ of Quorum 

Rockingham Records Received IS^^ March 1789 
Recorded Lib 124, Fol 501 Exam" 

Sam' Brooks Rdr 

The Deposition of Joseph Sherburn Jun'' of Portsmouth in the 
Province of New Hampshire Marriner Son of the within Named 
Henry & Sarah Sherburne. Testifieth & saith That he well knowns 
John Tuftan of Boston Marriner now about twenty five Years of 
Age whom he has known from an Infant about Six Months Old &: 
who was the reputed Son of John Tuftan Mason sometime of Poits- 
mouth and last of Boston Marriner, with whom also he was very 
well Acquainted and who dyed at the Havanna about twenty Years 
ago. That the said last mentioned John Tuftan Mason was the 
reputed Son of Robert Tuftan Mason by his Wife Catherine, whose 
Maiden Name was Wiggin. And that he hath always heard from 
tliose that were well acquainted ; that the said Robert Tuftan Mason 
was the Son of Robert Tuftan Mason Esq"^ formerly of London who 
Claimed the Province of New Hampshire. 

Jo* Shell) urn 

Suffolk ss. Boston July 4»" 1738. 

Cap' Joseph Sherburne personally appearing made Oath to the 
truth of the above declaration by him Signed, taken In perpetuam 
Rei memoriam 

[Samuel Tha^xter i Just: of Pac* 
[Anthony Stodjdard ) & of the Quorum 



. MASONIAN TAPERS GENERAL. 187 

\_CertiJleate and Depositions, 1738.'] 

[Masonian Papers, Vol. 1, p. 48.] 

By His Excellency Jonathan Belcher Esq"" Captain 
[seal] Geneial & Govern'' in Clieif in and over His Majestys 

Province of New Hanipsliiie in New Eno^land. 
I DO hereby Certify that Shadrach Walton and Hiehard Waldron 
Esq""* are Justices of the Peace & of the Quorum, & Joseph Sim|)son 
& Moses Leavit Esq''* are Justices of the Peace within the Piovince 
of New Hampshire aforesaid, which said Justices are impowered liy 
Law to take the Proof of matters upon Oath ; And that full Faith & 
entire Credit is and ouo;ht to be given to their respective Acts & 
Attestations (as contained in the Papers hereunto annexed) both in 
Court & without 

In Testimony whereof I have Caused the Publick Seal of the 
Province of New Hjunpshire afores'' to be hereunto affixed ; Dated- 
at Boston the twentieth day of July 1738. In the twelfth Year of 
His Majest3^"s Reign 

J Belcher 
By His Excellency's Command, 

Rich^' Waldron Sec^'^ 

Rockingham Records Received 18th March 1789. 
Recorded Lib 124 Ft)l. 500. Examined 

Sam' Brooks Recorder 

Henr}' Sherburn of Portsmouth In New Hampsh' In New England 
aged seventy two years, and Sarah his wife aged sixty nine, and 
Susanna Johnson of Greenland in said Province aged Sixty four 
yeai'S. personally appeared before us the Subsciibers and voluntarily 
made oath, that they weie acquainted with Robert Tufton Mason of 
Portsmouth aforesaid, who departed this life upward of foity years 
agoe ; That in the time of their acquaintance with him, he was Mar- 
ried to Kathaiine Wiggin, sister of the abovementioned Sar^d] and 
Susanmi, and that It was reouted that the said Robert had seveiat 
Ciiildren by the said Katharine his wife, one of which was John Tuf- 
ton Mason who was reputed the first born of the said Robert, and 
further, that the said John Tufton Mason departed this life about 
twenty years agoe 

Taken In perpetuam Rei Memoriam — 

p ,„ \ Rich'' Waldron ) Justices of the peace 
i Moses Leavit ) & Unus Quorum 

Portsmouth In New Hampshire 

May 27. 1738.— 



188 CHARTER RECORDS. 

Rockingham Records Received 18th March 1789. 
Recorded Lib 124, Fol 503, Examined 

Sam' Brooks Rdr 

The Deposition of ]\P Richard Cutis & Joanna his wife aged y^ 
one about Seventy eight Years tlie other about sixty nine Years — 
Testify & Say that we well knew & were well acquainted with IVf 
Robert Tufton Mason & that he had two Sons Named John & Robert 
as they were so deputed or Judged He called them his sons & they 
called him their Father — and 

Joanna his Wife farther saith that Robert Tufton Mason y^ 
Younger son of Robert Tufton Mason was Married to one M"^* Kath- 
erine Wiggins as was Juged for they lived together as Man & Wife 
& that She was well acquainted with them soon after they were mar- 
ried & that they had two Children John & Elizabeth J: E: the}^ were 
Called their Children & Judged so to be further saith — 

Richard Cutt 
Jannah -|- Cutt 
June 27—1738 
Prov: \ Richard Cutt & Joanna his wife personally ap- 

New H amps'" \ peared & Made Oath to their above Several De- 
positions taken in perpetuan Rei Memoriam — 

before Sha Walton ) J: peace 

Jos: Simpson \ Quor"' Unus 

Rockingham Records Received 18th March 1789 
Recorded Lib 124 Fol 503 Examined 

Sam' Brooks Rdr. 

The Deposition of M'" William Kelly aged about Sixty Six Years — 
Testifyeth & Saith That I well Remember M"" RobertTuftin-Mason 
& that he had two Sons Named John & Robert as they were so dejjut- 
ed or Judged to be & that Robert the Younger Married with one M"^' 
Katlierine Wiggins & by her had two Children a son whose Name 
was John & a daughter further saith not — 

W"' Kelly 

Province j June 27'" 1738 
New Hamps* \ 4'he above Named William Kelly personally 
appeared & Made Oath to the truth of the above deposition taken 
in perpetuam rei Memoriam — 

before — Sha Walton \ Jus: peace 

Jos Simpson \ Quor™ Unus 

Received & Recorded 18th March 1789 Lib 124 Fol 504. 
Examined Sam' Brooks Rdr. 



MASONIAN PAPERS GENERAL. 189 

{_3Iason's Quitclaim Deed to Massachusetts, July i, 1738.'\ 

[ Mason ian Papers, Vol. 1, p. 43.] 

Articles of Agreement Indented and made the first day of Jul}', 
in the twelfth year of the reign of our Sovereign Lord (Jeoige the 
second by the Grace of (xod of Great lirilain France and Ireland 
King Defender of the Faith &c, annoque Domini one tliousand seven 
huiuh-ed and tliirty eigiit lietween John Tufton Mason of Boston in 
the County of Suft'olk and Province of the Massachusets Bay in 
New England Marriner next Cousin and heir of Captain John Mason 
of London Esq*" Deceased of the one j)art And William Dudley, 
Samuel Welles, Thomas Berry Benjamin Lynde Jun% Benjamin 
Present, and John Read, Esq'^% Thomas Cushing and Thomas llutch- 
inson Gentlemen, and all within the Province aforesaid as Agents 
for, and in behalf of the Province aforesaid on the other part-WiT- 
NESSETH, That whereas His late Majesty King James the first, by his 
Letters Patent dated the third of November in the eighteenth year 
of His Reign, Gave and Granted to the President and Council 
Established at Plymouth in the County of Devon for the Planting 
and Governing of New England in America, All that pnrt of Amer- 
ica lying in breadth from forty degrees to the forty eighth degree of 
northerly latitude and in the length throughout the main land from 
Sea to Sea with the Islands and seas adjoyning To Hold to them 
their Successors and assigns forever — ami afterwards the s'* Pi'esident 
and ('ouncil on the seventh of November in the fifth year of the 
Reign of His late Majesty King Charles the first, by theii- Deed Indent- 
ed under tlieir com'on Seal, bargained and sold to the said Captain 
John Mason, all that part of New England lying on the Sea coast 
begiiiing at the middle of Merrimack river and proceeding north- 
wards along the Sea Coast to Piscat;iqua river, and up that river to 
the furthest head thereof, and from thence northwestwards till three 
score miles be finished from tlie first entrance of Piscataqua river, 
and also from Merrimack river through the said river to tiie fur- 
thest head thereof, and so forwai'ds up into the lands westwaid till 
three scoie miles be finished, and from thence to cross over land to 
the three score miles end accompted from Piscataqua river with the 
Islands within five leagues distance of the pren)isses, which he with 
their consent intended to name New-hampshire To Hold to him his 
heirs and assigns forever — and afterwards on the twenty sixth of 
Noveml)er, in the eleventh year of the Reign of His late Majesty 
King ("harles the first, the said Captain John Mason made his 
last will in due form of Law, and thereby (among other things) 



190 CHARTER RECORDS. 

Devised the premisses to his Grand-Cliild Joliu Tufton and 
the heirs of his Body lawfully begotten, and the remainder to 
his Grand Child Robert Tufton and the heiis of his body law- 
fully begotten, appointing his said Grand C'hildren to alter their 
Sirname and name themselves Mason, and died, and the said John 
Tufton altered his Sirname and named himself Mason and died 
without issue, and the said Robert altered his Sirname and named 
liimself Mason, entred and held the premisses, and from him the same 
descended to John Tufton Mason his Eldest son and heir, from him 
to Robert Tufton Mason his Brother & Heir, from him to John Tuf- 
ton Mason his Eldest son & Heir, and from him to John Paity to 
these presents, his eldest Son and heir — Saving that the President 
and Council aforesaid on the ninteenth of March in the third year of 
the reign of His late Majesty King C'harles the first by their Deed 
indented under their common Seal, bargained and sold to Sir Heni-y 
Rosewell & others all that part of New England lying between Mer- 
rimack river and Charles river and all the lands lying within three 
English miles to the northward of Merrimack river, or to the north- 
ward of any and every part thereof, and all the lands lying within 
the limits afores^ north and south in latitude, and in longitude of 
and within all the breadth afores'', throughout the main land from the 
Atlantick sea in the east, to the south sea in the west, with the 
a|)pur*^^''* I'o Hold to them their heirs asisgns and associates forever, 
which His late Majesty King Charles the first by His Letters Pat- 
ent on the fourth of March, in the fourth year of His Reign, Con- 
firmed to them their heirs and assigns making them a Body Politick 
by the name of the Governonr and Company of the Massachusets 
I^ay in New England; and their late JNIajestys King William and 
Queen Mary by theii' Letters Patent, on the seventh of October in 
the third year of their Reign, Confirmed to the Province of the Massa- 
chusets bay 

And the Governour and Company of the Colony of the Massa- 
chusets Bay afores'' thrO mistake of their Grant from the President 
and Council aforesaid and Confirmation of His said late Majesty 
King Charles the first both Prior to the purchase of Captain John 
Mason aforesaid, aj)prehending their northern boundary was a due 
west line from tlie Atlantick to the south sea runing three miles 
to the northward of any and every part of Merrimack river, there- 
fore in the Setlement of several Towns n))on Merrimack river, in- 
closed within their bounds as granted Surveyed and recorded in the 
publick records of the said Colony, part of those lands that lye to the 
Hoi'thward of some parts of Merrimack, more than three miles distant 
from the said river viz' within the bounds of Salisbury two thousand 



MASONIAN PAPERS GENERAL. 191 

acres, Almsbury two tlioiisaud live liuiulied acres, Haverhill ten 
thousand acres, Methnen live thousand five hundred and fifty acres, 
and Dracut three thousand six hundred and twenty five acies, mak- 
ing in the whole twenty three thousand six hundred and seventy five 
acres — 

liut afterwards on the twenty sixth of July Anno Domini one 
thousand six hundred and seventy seven upon the petition of Kohert 
jNIason, the lirst abovementioned, and others, claiming the k^oil and 
Government of part of the lands aforesaid. His late Majesty King 
Charles the second in Council Deteimined, that the north hounds of 
the Colony of the Massaehusets Bay so far as the said river extends 
should follow the coarse of the said river, but when that known 
boundary determins the breadth should be carried on by an imag- 
inary line on that side to the south Sea, but determined nothing con- 
cerning the Title of the land three miles distant from the said river 
on the nortii side of it; whereupon, first the said Colon}', and after 
the said Province of the Massachusets Hay have ever since held 
themselves to these boundarys, Saving tiiat no Person for the^e sixty 
years last past and more, entring and claimiiig those twenty three 
thousand six hundred seventy five acres of laiid aforesaid in Salis- 
bury, Almsbury, Haverhill, Methuen & Dracut, the Proprietors and 
Inhabitants of those Towns have continually possessed and enjoyed 
them till this time tho they lye more than three miles to the north- 
ward of .Merrimack river 

Now TiiEitEFOitE in Consideration of the sum of five hundred 
pounds in hand received of the said William Dudley, Samuel Welles, 
Thomas Berry, Benjamin Lyude Jun^ Benjamin Prescot J(din IJead, 
Thomas Cushing and Thomas Hutchinson Agents for. and in behalf 
of the s'' Province of the Massachusets Bay, the said John Tufton 
Mason doth by these presents Ratify and Confirm the boundaiy line 
between his lands of New hampshire and the lands of the Province 
of the Massachusets Bay afoiesaid setled by his late Majestv King 
Charles the second in His most Honorable Privy Council on the 
twenty sixth day of July one thousand six hiuidrt-d and seventy 
seven — And further the said John Tufton Mason for himself and his 
heirs Doth remise release and forever quitclaim to the Inhabitants 
find Proprietors of the seveial Towns of Salisbuiy, Almsbmy, 
Haverhill, Methuen and Dracut, all those several parcels of land 
aforesaid lyiug within the bounds of their res))ective Towns alore- 
said, and more than three miles to the northward of Men-imack 
river, in their actual possession now being 'I'o Have and To Hold 
the said twenty three thousand six hundied and seventy five acips of 
land aforesaid with the appurtenances to them the Inhabitants and 



192 CHAKTER KECORDS. 

Proprietors of the aforementioned Towns, to them their heirs and 
assigns forever — 

And further the said John Tufton Mason for himself his heirs Ex- 
ecutors and Admin"^^ Doth hereby Covenant promise and grant to and 
with the said William Dudley, Samuel Welles, Thomas Berry, Benj* 
Lyude Jun"" Benjamin Preseot, Joiin Read, Thomas Gushing and 
Thomas Hutchinson Agents lor, and in behalf of the said Province, 
and with their heirs Executors & admin'^ That he the said John 
Tufton Mason and his heirs shall make suffer and execute, all such 
further and other assurances and Conveyances in the Law for the 
Establishment of the boundary line aforesaid and Conveyance and 
assurance of the lands Tenements and Hereditaments afores'* now 
in the possession of the several Inhabitants of Salisbury. Almsbur}^ 
Haverhill, Methuen and Dracut afores'^ as by their Council learned 
in the Law shall be reasonably Devised and required, So as that the 
several Tenants of those twenty three thousand six hundred and 
seventy five acres of land afores'' their heirs and assigns may be for- 
ever quiet and secured in the enio3'ment thereof ; and he the said 
John Tufton ALison and his heirs, and all others claiming or to 
claim by force of the will afores'' may be forever bard and precluded 
from the same, the Intail, remainders, and limitations in that will 
notwithstanding — 

And further the said John Tufton Mason doth hereby Covenant 
promise and agree to and with the said William Dudley, Samuel 
Welles, Tho* Berry Benjamin Lynde Jun^ Benjamin Present, John 
Read, Thomas Cushing and Thomas Hutchinson Agents for, and in 
behalf of the said Province, That he will with all convenient speed 
proceed from hence to London, Present himself to Francis Wilks 
Esq'' and Richard Partridge Agents of this Province there attend 
upon them from time to time, and by their advice and direction da 
every thing proper and necessary there to be done for the Establish- 
ment of the line afores'', and quieting the possessions of the Inhab- 
itants and Proprietors afores'' in the Towns aforesaid, and return 
home again as soon as they shall permit him — 

And the said William DutUey. Samuel Welles, Thomas Berry, 
Benjamin Lynde Jin]% BenJMmin Piescot, John Read, Thomas Cush- 
ino- ami Tiio* Hutchinson agents for, and in behalf of the said Prov- 
ince Do bv these presents Covenant promise and agree to and with 
the said John Tufton Mason, That they will bear and pay all his 
reasonable charge and expence during his voyage thither, attend- 
ance there, and return home again with his Passage forth and bnck. 
In witness of all which the Paities aforenamed to these presents- 



MASONIAN PAPERS GENERAL. 193 

have interchangeably set their hands and seals the day and year 

aforesaid — 

Signed Sealed & Deliv*^ W" Dudley & a seal 

in presence of us Samuel Welles & a seal 

Rowland Houghton 'JMiomas Berry & a seal 

Rich'' Hubbard P)eni'' Lvndc Jun"" & a seal 

W" Willard Johii Read & a seal 

'J'honias Hutchinson Jun"" & a seal 



[Josiah Willard to Francis WiUcs. July U, J738.] 
[Masonian Papers. Vol. 1, p. 49.] 



Sir- 



Hy Order of the Governour & Council, & Pursuant to a Vote of 
the General Assembly, I have drawn upon you for <£5. Sterling for 
the Passage of AP John Tufton Mason to be paid to M' John Teagne 
of Bristol the Owner of the Ship in which he goes: This M' Mason 
is sent over at the Charge of the Province to be present at the hear- 
ing on the Affair of the Line, and theiefoie the Governour & Coun- 
cil desire that you would answef his Draughts on you for a Sum not 
exceeding four Guineas for the Charges of his coming up to London. 

Yourhuml>le Servant 
Boston July 24, 173eS. J Willard 

To Francis Wilks Esq'' in London 



[Tripartite Agreeme7if, April 6, 1739.'] 

[Masonian Papers, Vol. 1, \^. 5<^.] 

Articlks of Agreement Tripartite indented made concluded & 
agreed upon the sixth day of April in the tweltth year of the Reign 
of our Sovereign Lord George the Second by the Crace of God of 
Great Britain ffrance & Ireland king Defeiidei of the fCaiih & so 
forth & in the year of our Lord one thousand seven hundied & 
thirty nine Betwken John Tufton Masou of Boston in Nt\v Kngland 
but at present of & residing in Londoji in the kingdom of fir» at 
Britain (ientleinan of the first j)art John Rindge Tlieodoie Atkin- 
son Andrew Wiggin George .Jetferys & lienning Wenlwoitli of the 
Province of New Hampshire in New England Esquiies of the Sec- 
ond i)art & John Thomlinson of London Meichant of the third 
part 

13 



194 CHARTER RECORDS. 

Whereas the said John Tufton Mason alledgeth that he is & 
claims to be the Eldest Son & heir at Law of Jolm Tufton Mason de- 
ceased the Eldest Son & heir of Robert Tufton Mason deceased the 
Brother & heir of John Tufton deceased the Eldest Son & heir of 
Robert Tufton Mason deceased one of the Giand Sons of Captain 
John Mason heretofore of London Esquire deceased & the Devisee in 
remainder valued & appointed in the Will of the said Captain John 
Mason on the Decease of John Tufton Mason the other (^ranclson 
of the said Captain John Mason & Elder Brother of the said last 
mentioned John Tufton Mason without Issue both Childien of Ann 
the only Daughter of the said Captain John Mason by John Tufton 
Esquire her husband and WHEIIkas the said John Tufton Mason 
party hereto in the right aforesaid alledgeth that he is & clainieth to 
be well entitled by or under some or several Letters Patents fiom the 
Crown of Great Britain & some or several Grants from the Patentees 
or otherways to a certain Tract of Land in New England called New 
Hampshire lying upon the Sea Coast between the Rivers of Naum- 
keck & Pascattaway & running up into the Land Westward three 
score Miles with all the islands lying within ffive Leagues distance of 
any part thereof & also the South half of the Isles of shooles or to 
such part of the said premisses as hath not been legally & in due form 
of law sold disposed or conveyed away by any of the Ancestors of 
him the said John Tufton Mason And whereas the Government of 
the said Province of New hampshire by Virtue of some Grant or 
Grants from the Crown or otherways & the said John Ringe Theo- 
dore Atkinson Andrew Wiggin George Jefferys & Benning Went- 
worth partys hereto & several other persons Inhabitants of the said 
Province by Virtue of some Grants or Conveyances from the ssiid 
Government of New ham})shire or otherways have acquired or claim 
to have a Right to sundry large 'i'raets of Land within the snid 
Province they the said John Ringe Theodore Atkinson Andrew Wig- 
gin George Jefferys & Benning Wentworth & also sundry such other 
persons Inhabitants of the said Province have at a very great 
Expence cleared built & made Settlements upon the Lands in their 
respective occupations Now these presents witness that for the 
quieting the Government of the said Province & the said John Ringe 
Theodore Atkinson Andi-ew Wiggin George Jefferys & Benning 
"Wentwoi'th & the other Inhabitants of & so settled in the said 
Province in the possession of the several hinds & premises of which 
they by themselves or their Tenants are now possessed & for con- 
firming their respective Rights therein & for & in Considerntion of 
the Sum of Seven pounds seven Shillings of lawfull mony of Great 
Britain to the said John Tufton Mason in hand paid by the said John 



MASONIAN PAPERS GENERAL. 195 

Thomlinson part}^ hereto as Agent for the said John Ringe Theodore 
Atkinson Andrew Wiggin George JefTerys & Benning Wont worth 
the other partys hereto the receipt whereof the said J(din Tiifton 
Mason doth hereby acknowledge & also for & in Consideration of the 
Sum of One thonsand pounds Current mony of the said province of 
New Hampshire to be paid to him the said John Tufton Mnson by 
the said Jolm Ringe Theodore Atkinson Andrew Wiggin George 
Jetferys & Benning Wentworth or the Government of the said j)rov- 
ince as is herein after mentioned he the said John Tufton Mason 
HATH covenanted promised & agreed & hereby DoTH for himself his 
heirs Executors & Administrators covenant promise & agiee to & 
with the said John Ringe Theodore Atkinson Andrew Wi^gain 
George Jelferys & Benning Wentworth their heirs & Assigns in 
manner »k: form following that is to say that in Case the Government 
of the said Province of New Hampshire however named or distin- 
guished or the said John Ringe Theodore Atkinson Andrew Wig- 
gans George Jefferys & Benning WVntworth their Heirs or Assigns 
or any or either of them within Twelve Calendar Months after the 
said province of New Hampshire siiall be confirmed derlared or 
made to be a distinct & seperate Government from the Province of 
the Masathusets Bay do & shall well & truly pay or cause to be paid 
unto the said John Tufton Mason his heirs or Assigns the Sum of 
One thousand pounds Current money of the said province that then 
& in such case he the said John Tufton Mason his heirs or Assigns 
at the Cost & Cliarges in the Law of the party or partys requiring; 
the same & in due form of Law as shall be required by the Cfuncel 
learned in the Law of such party or partys shall & will well & suf- 
ficiently release or otherways convey unto the Government of the 
said province by such name or descrifytion as shall be in that behalf 
thought })roper or advised & unto the said John Ringe Theodoie 
Atkinson Andrew Wiggin George Jefferys & Benning Wentworth 
tlieir heirs & Assigns & unto such other person & persons & his & 
their heirs & Assigns as shall then be in possession of any Lands 
tenements & hereditaments within the said Province bv or under 
Title derived from or under the Government of the said Province or 
any person or persons in Tiust for the said Government All the 
Estate right title Interest property benefit Claim & demand whatso- 
ever both in I^aw & Equity of him the said John Tufton Mason his 
heirs & Assigns in to or out of All & singular the Lands tenements 
& hereditaments scituate within the said province of New llani])- 
shire of which tiie government of the said Province by wduitsoever 
name distinguished or any other ]ierson or persons in Tiust for the 
said Government or of which the said John Rindge Theodore Atkin- 



196 CHARTER RECORDS. 

son Andrew Wiggaiu George Jefferjs & Benning Wentworth their 
heirs or Assigns or of which any other pei-son or persons under title 
derived from or under or In Trust for tiie Government of the said 
Province shall seveially & respectively he by themselves or their 
Tenants possessed PROVIDED ALWAYS & Subject nevertheh ss to a 
Condition that in all & every future Grants tliat shall be made from 
& after the payment of the said Sum of One thousand pounds of any 
Waste Lands not thentofore granted or allotted to any person or 
persons there be always granted & Allotted unto the said J hn Tuf- 
ton Mason his Heirs & Assigns a Lot or share equal in proportion to 
any other party or partys to or amongst whom such Grant or Allott- 
metit shall be made or given And the said John Tufton Mason doth 
hei-eby for himself his Heirs Executors & Administrators further 
covenant promise & agree to & with the said John Ringe Theodore 
Atkinson Andrew Wiggain George Jefferys & Benning Wentworth 
their Heirs & Assigns that he the said John Tufton Mason & his 
heirs & all & every other person or persons lawfully claiming or to 
claim by from or under him the said John Tufton Mason or his 
Heirs any Estate Right Title or Interest in to or out of the premisses 
hereby agreed to be released & conveyed shall & will at all or any 
times hereafter at the Costs & Charges in the law of party or partys 
requiring the same make do & execute all & every such further Acts 
Deeds matters & things for the further & better establishing & con- 
firming the Agreement hereby made as by the Councel learned in 
the law and of such party or partys shall be in that behalf reason- 
ably advised or required In Witness whereof the partys first above 
named have to these y)i-esent Indentures interchangeably set their 
hands & Seals the day & year first above written — 
John Tufton [seal] Mason 

Sealed & delivered (being first duly stamped) in the presence 

of 

W™ Richardson 
Edw'' Montagu 

[Endorsed] Dated the 6 day of April 1739 

M'' John Tufton Mason & ^ 

John Rindge Theodore Atkinson ^ Articles 

& others Esq" ) 



MASONIAN PAPERS GENERAL. 197 

\_Massach%isetts Committee to Interview John Tnfton Mason, June 

29, 1739.'] 

[Mass. Archives. Vol. 5, p. 120.] 

In Council June 29, 1739. 

Whereas it is reported that John Tufton Mason who went for 
Great Britain the last Fall on the Affair of the Boundaries be- 
tween this Province and the Province of New Hampshire on the 
Charge of this Province is returned hither, althS he has given no 
Ace' to this Government of his Conduct in the Affair above men- 
tioned nor of his Expence of the Money he has received by the 
Order of this Court for defraying his (^haiges. 

Ordered that W" Dudley, Antli" Stoddard. Tho. Berry & Beuj'^ 
Lynde Esq'* with such as shall be joined by the Hon'''^ House of 
Represent^'*'* be a Committee to enquire of the said Mason of the 
Matters afores*^ & report thereon. Sent down for concurience. 

J Willaid Sec'ry 

In the House of Rep^^* June 29, 1739 

Read & Concurd & John Chandler Esq'', M"" Tho^ Cushing Joseph 
Dwight Thomas Greaves & George Bunker Esq''* Are joined in the 
affair 

J Quincy Sp'"' 

Consented to J Belcher 



[Council and Assembly Records, Oct. 30, 1744.] 

His Excelency Sent the Secretary to the House with the Agree- 
ment made between AP Thomlinson & others & M'' Tufton Mason 
for their Perusal & Consideration — 



[House Journal, Dec. 19, 1744.] 

Wednesday x^ the 19'" A D 1744 the House met 

M"" Sec*^-^ Bro' a Mess"^ viz that M'' Prescot was in Town and made 
•out his Claime to some Small Arms — & to Know if the House would 
pay for them or Els he must retui-n y'" and to Know what the 
House would do ab' the Deed of M"" Mason — 



198 CHARTER RECORDS. 

[^Memorial of John Tufton Mason, Feb. 18, 1745.'\ 
[Masonian Papers, Vol. 1, p. 51.] 

To HIS Excellency Benning Wentworth Esq' Governour & 
coinniauder in cheif in & over His Majesty's Province of N Hamsh^' 
To the Honourable His Majesty's concill for said Province and 
HousH of Representatives in General! Assembly Convened Febry 
18"' 1745— 

The Memorial of John Tnfton Mason of Portsmouth in the 
Province of N Hampshire Gentleman Most Humbly shews that on 
the Sixth day of April 1730 [1739] Your Memorialist of the first 
Part, John Rindge Esti"" (now deceas'd) and others of the Second 
Part, and John Thomlinson of London Merchant of the third part, 
Did enter into Articles of Agreement Tripartite by way of Inden- 
ture (one part) of which namely that Signed by your Memorialist 
is herewith presented, the Substance whereof is, that whereas the 
Said John Thomlinson, had before the Date of said Articles of 
Agreement, as Agent for the said John Rindge & others paid unto 
your Memorialist Seven Pounds seven shillings Lawfull money of 
Great Brittain, and upon the said John Rindge and others or the 
Gover'ment of N — Hampshire, within twelve calender Months after 
the Province of New Hampsh'' should be confirmed Declared or 
made A Distinct and Seperate Goverment fi"om the Province of the 
Massachusetts Ba3% paying unto your Memorialist one thousand 
pounds Currant money of said Province of N — Hampshire, Your 
Memorialist did covenant and Agree to convey unto tlie Gover- 
ment of N — Hampshire all his Estate Right Title Interest Property- 
Benefit claim and Demand whatsoever both in Law & Equity unto 
any Lands in New Hampshire afores** heretofore Granted unto one 
capt John Mason (Long since) deceas'' with a Proviso that in all 
futui-e Grants or Allotments to be made of any of the Wast Lands 
therein conteined Your Memorialists his heirs or Assigns should 
have an Equall Share or proportion to any other Party or Portys 
to or amoufjst whom such p'rant or allotment should be made or 
given as by the said Articles of Agreement may at Learge a|)pear, 
and Your Memorialist humbly begs leave also further to Observe, 
that the Province of N — Hampshire hath been declared and made 
A Distir)ct & Seperate Goverment from the Province of the Massa- 
chusetts Bay for more then four Years past and y' your Memorialist 
hath ever since and still is ready on his part to comply with and per- 
form his covenants and agreements afores*^. Yet nothing hath been 
done bj the Goverment of N — Hampsh"" relateing to the said Arti- 



JLA-SONIAN PAPERS GENERAL. 199 

cles of aoreement that your Memorialist hath come to the Knowl- 
edge of Notwithstanding, as your Memorialists has been Infoi'nied, 
His Exeellent-y the Governour of this Province, some considerable 
time since Laid this Affair before the Honourable House of Rnpre- 
sentatives for this Province for tiieir consideration Wheretore as 
your Memorialist expect in A Short time to be called away on his 
Majesty's Service. He most humbly Prays that your Excellency & 
Honours will be pleased to (\)me to a Determination concerning the 
Premises, That he may Discharge himself honourably both to the 
Province and M'' agent Thomlinson and that your Meraoiialist may 
be at I^ibert}' to make such advantages as the nature of his Claim 
will admit of without being cheargable with making the least In- 
fraction on his Obligation And Your Memorialist as in Duty Bound 
shall ever pray &c. 

John Tufton Mason 

In council Febry 22'* 1745 the within Petition read & Recom- 
ended 

Theod'' Atkinson Secry 

In council May 7"' 1746 read again & Kecomended & ord** to be 
sent Down 

Theodore Atkinson Secretary 

Province of ) a true Copy Exam'd 

N — Hampsh j D Peirce Clk of Hou Representatives 



[Council and Assembly Records, Feb. 22, 1745/S.] 

Cap' Tufton Masons Memorial About A Contract made with 
Mes" Thomlinson, Rindge & others in behalf of this Governm' for 
the s'^ Masons Rights &&"■ Read Recomended & Sent down to the 
House by Mr Sheaft" 



[House Journal, May 7, 1740.] 

Cap' John Tufton Mason being admitted into y^ House upon his 
Desire & represented to y^ House y' he once & again had requested 
y" Houses Determination on Certain Articles of agreement tripar- 
tite between John Thomlinson Esq"" &c & himself & now once more 
pray'd that y® House would forthwith come to a Determination &, 
give him their final & conclusive Answer 



200 CHARTER RECORDS. 

\^Lease, 3Iason to Wihird and Solly, May 16, 1746.^ 

[Masonian Papers, Vol. 1, p. 53.] 

This Indenture made the Sixteenth Day of May in the Nineteenth 
Year of the Reign of our Sovereign Lord George the Second by the 
Grace of God of Great Britain France and Ireland King Defender of 
the Faith &c'' Annoq Domini 1746 — Between John Tufton Mason 
of Portsmouth in New Hampshire in New England Esq'" of the one 
part & Richard Wibird & Samuel Solly both of Portsmouth afore- 
said Esq'^* of the other part WITNESSETH That the Said John Tufton 
Mason in Consideration of Five pounds lawfull money of Said 
Province to hira in hand paid by the Said Richard Wibird and 
Samuel Solly at or before the Sealing & Delivery of these Presents 
the Receipt whereof he doth hereby acknowledge hath bargained & 
Sold & by these Presents Doth bargain & Sell all that Tract & 
parcel of Land heretofore called by the Name of the County of New 
Hampshire or New Hampshire — lying & being within the Said 
Province Containing by Estimation one hundred thousand acres 
more or Less Bounded as follows viz — Begining at the Middle of 
Naumkeek River from tiience Runing Eastward along the Sea 
Coast to Cape Ann & round about the Same to Piscataqua Harbour 
and so forward up within the River Newichawannock & to the 
farthest head thereof & from thence North Westwards till Sixty 
Miles are Finished from the first Entrance of Piscataqua Harbour 
And also from Naumkeek through the River thereof up into the 
Land West Sixty Miles & from that Period to Cross over Land to 
the Sixty Miles End Accounted from Piscataqua Harbour as afore- 
said and all the Messuages Tenements & Hereditaments thereof 
with their & every of theii" Api)urtenances Excepting & Saving out 
of the Said Premisses the Townships of Portsmouth Hampton 
Dover Exeter Stretham & New Castle with all the Pai-ishes Districts 
precincts & Villages within the Said Townships any & ever}'' of them 
as the Said Townships Parishes Districts precincts & Villages are 
Limited & Bounded by the Acts Orders Records Customs & usages 
of the Said Province and also Excepting all that part of Said Prem- 
ises Contained within the Bounds & Limits of the Townships Called 
Salisbury Almsbury Havei-hill Methiien & Dracut any & every of 
them which is Situate within the Said Province with all & Singular 
the Messuages Tenements & Hereditaments Appertaining & belong- 
ing to any & every of the S*^ Excepted premises & every part & 
parcel thereof with their & every of tlieir Rights members Pi'ivileges 
& Appurtenances with all Mines Minerals Rivers Streams ways 



MASONIAN PAPERS GENERAL. 201 

Easements Privileges Profits & Commodities to the Said Gianted & 
Released premises beloiij^ing or in anywise appertaining & all the 
Estate Eight title Interest & property of the Said John Tiiflon 
Mason in & to the Said premises & every part & parcel thereof 
with the Reversion & Reversions Keniainder & Remainders Rents 
ifc Services thereof or Incident thereto the Said County witl) all the 
]\Iessuages Lands Tenements Hereditaments & all & Siiigiiiar the 
Said Granted j)remises with theii* & every of their Appurtenances to 
them the Said Richard VVibird & Samuel Solly To have & to hold 
the Said County with all y® iMt^ssuagt^s Lands Tenements & Heredi- 
taments & all & Siiigular other the Premisses herein before men- 
tioned or intended to be hereby bargained & Sold with their tSc every 
of their Rights members & Ai:)purtenances unto the Said Richaid 
Wibird & Samuel Solly their Executors Administrators and Assigns 
from the Day next before the Day of the Date of these presents for 
& During the Term of one whole Year from thence next ensuing & 
fully to be compleat and ended Yielding & paying theiefore unto 
the said John Tufton iVlason his Heirs & Assigns the Rent of one 
peper Corn only on the last Day of the Said Term if the Same Shall 
be Demanded To the Intent & purpose that by Virtue of these 
presents & of the Statute For transferring Uses into Possession the 
Said Richard Wibiid & Samuel Solly may be in the actual Possession 
of all & Singular the Said hereby bargained Premisses with their 
Appurtenances & may ther'by be enabled to accept and take a Grant 
or release of the Reversion & Inheritance theieof to them & their 
Heirs in Such IManner and for Such uses intents & purposes as the 
Said John Tufton Mnson Doth intend to gi-ant or release the Same 
by Indenture intended to bear Date the Day next after the Day of 
the Date of these Presents Witness, my hand & Seal the Day & 
Year first above written — 

Signed Sealed & Jn" Tufton Mason [seal] 

Deliver'd in presence 
of ns the words 
SoUii hnth being first 
Interlin'd also the Words, 
as aforesaid, & Exeter. 

William Parker 

D Peirce 

Province of \ May the 20*'^ Day 1740 then the above named 
New Hainpsh'" \ John Tufton Mason Personally ai)pearing ac- 
knowledged this Insti-uinent to be his voluntary act & Deed Before 
William Parker Justice of the Peace — 



202 CHARTER RECORDS. 

[^Indenture for Docking the Entail, May 17, 1746.1 

[Masonian Papers, Vol. 1, p. 52.] 

This Indenture Tripartite made the Seventeenth Day of May in 
the Nineteenth Year of the Keign of our Sovereign Lord Georj^e the 
Second by the Grace of God of Great Britain Fiance & Ireland King 
Defender of the Faith &C"' Annoq Domini 1746 — Between John 'J'lif- 
tou Mason of Portsmouth in New Hampshire in New England Esq'" 
of the first part & Richard Wibird & Samuel Solly both of Ports- 
mouth aforesaid Esq'^ of the Second part & John Wentwoith of 
Portsmouth aforesaid Esq'^ of the third part WITNESSETH That the 
Said John Tufton Mason for the Docking barring & cutting off all 
Estates Tail & Remainders in Tail of & in the Messuages Lands 
buildings Mills Streams tenements & Hereditaments herein after 
Mentioned & Described & for the Settling & Assuring of the Same 
to & for the Uses Litents & purposes herein afier I^imited expiessecl 
and Declared & in Consideration of five pounds lawfull money to 
him in hand paid by the Said Richard Wibiid & Samuel Solly the 
Receipt whereof is hereby Acknowledged & for Divers other Good 
Causes & Considerations hereunto moving he the Said John Tufton 
Mason Hath Granted Bargained Sold Remised Released Convey'd & 
Confirmed & by these Presents Doth grant bargain Sell Remi-e Re- 
lease Convey & Confiim unto the Said Richard Wibird & Samuel 
Solly (in their actual Possession now being by Vii'tue of a bargain 
Sale theieof to them made by the Said John Tufton Mason by In- 
denture Dated the Day next before the Day of the Date of these 
Presents for one Year fVom the Day next before the Date of the 
Same Indenture in Consideration of five pounds lawfull money paid 
by the Said Richard Wibird & Samuel Solly to the Said John Tuf- 
ton Mason (& by Force of the Statute for transferring uses into Pos- 
session) All that Tract & parcel of Land heretofore called b}- the 
Name of the County of new Hampshire or New Hampshire lying & 
being within the Said Province Containing by Estimation one bun- 
dled thousand acres more or Less Boundeil as follows viz Begining 
at the Middle of Naumkeek River from thence runing Eastward 
along the Sea Coast to Cape Ann & round about the Same to Piscat- 
aqaa Harbour & So forward up within the River Newichawannock 
& to the faithest head thereof & from thence Northwestwards till 
Sixty Miles are finished from the first Entrance of Piscataqua Har- 
bour and also from Nanmkeck thro' the River thereof uj) into the 
Land West Sixty Miles from which Period to Ci'oss Over Land to 
the Sixty Miles End Accounted from Piscataqua Harbour as afore- 



MASONIAN PAPERS' GENERAL. 203 

said & Jill the Messuages Tenements & Hereditaments thereof with 
their & every of their Appurtenances Excepting & Saving out of the 
Said l*remisses the Townships of Portsmouth Hampton Dover Exeter 
Strethani & New Castle with all the Parishes Districts precincts & 
Villages within the Said Townships any & every of them as the Said 
Townships Parishes Districts ])iecincts & Vilhiges are Limited & 
Bounded by the Acts orders Records Customs & usages of the S'' 
Province & also Excepting all that part of Said premises Contained 
within the bounds & Limites of the Townships called Salisbury 
Alnisbury Haverhill jNIethuen and Dracut any & every of them 
which is Situate within the Said Province with all & Singular the 
Messuages tenements & Hereditaments Appertaining & belonging 
to any & every of the Said Excepted premises & every part & par- 
cel thereof with their & every of their Rights Members Privileges & 
Api)uitenanees with all Mines Minerals Rivers Streams Ways Ease- 
ments Privileges Profits & Commodities to the Said Granted & Re- 
leased premises belonging or in anywise Appertaining & all the 
Estate Right title Interest & property of the Said John Tufton 
Mason in & to the Said premises & every part & parcel thereof with 
the Reversion & Reversions Remainder & Remainders Rents & Ser- 
vices thereof or Incident thereto To Have & to Hold the Said 
County with all the Messuages Lands Tenements Hereditaments & 
all & Singidar the Said Granted premises with their & every of their 
Ajjpurteuances to them the Said Richard Wibird & Saniuel Solly 
their Heirs & Assigns To the use & Behoof of them the Said Rich- 
ard \Vil)ird & Samuel Solly their Heirs & Assigns forever Yet never- 
theless to the Intent that by Virtue of the Said Indenture of Bargain 
& Sale & of these Presents they the Said Richard Wibird & Samuel 
S0II3' may become good & perfect tenants of the immediate Pieehold 
& Inheritance of all & Singular the Said County with all the Mes- 
sauges Lands Tenements Hereditaments & all & Singular the Said 
Granted premises with their & every of their Appurtenances against 
whom a Common Recovery may be had jterfected and executed in 
Such manner as is herein aft<'r mentioned. And thereu|)on it is 
Covenanted Concluded & agreed by and between all the Said Partys 
to these Presents for themselves their and every of their heirs by 
these ])r("sents in manner following that is to Say that they the Said 
Ricdiard Wibird & Samuel Solly Shall & will permit and Suffer the 
Said .I(d)n Wentwortli to Siu^ forth & prosecute against them the 
Said Ricdiard W il)ird & Samuel Solly one Writ of Entry on Dissei- 
sin in the Post returnable before His Majestys Justices of the Infe- 
riour Court of Common Pleas at Portsmouth aforesaid on the first 
Thursday next following the first TuesDay of June next thereby 



204 CHARTER RECORDS. 

Demanding against the Said Richard Wibird & Samuel Solly the 
Said County with all the Messuages Lands Tenements Heredita- 
ments &all ik Singular the Said Granted premises with theii- iS: every 
of their Appurtenances thereto belonging or in any manner Apper- 
taining by Such name & names number of Acres Quantity's Qualitys 
Terms »t Discriptions in the Said Writ to be conlain'd «S: in Such 
manner & form as by Counsel Learn'd in the Law Shall be Advised 
unto &, upon which Said Writ of Entry so to be Prosecuted «k: Sued 
forth the Said Richard Wibird & Samuel Solly Shall appear Gratis 
and vouch to Warranty the Said John Tufton Mason who Shall 
appear Either in Person or by Attorney lawfully Authorized *S: enter 
into Said Warranty and after his entry into Warranty Shall vouch 
over to warranty the Common Vouchee who Shall likewise appear 
and enter into the Said Warranty & Imparl and after Imparlance 
make Default »&: Depart in Contempt of the Court so that Judgment 
may be thereupon had & given for the Said John Wentworth to re- 
cover the Said County with all the Messuages Lands Tenements 
Hereditaments 6: all & Singular the Said Gianted premises with 
their & every of their Appurtenances thereto belonging or in any 
wise appertaining against the said Richard Wibird & Samuel Solly 
& for the Said Richard Wibird & Samuel Solly to recover in value 
against the Said John Tufton Mason & the Said John Tufron Mason 
to recover in value against the Common Vouchee to the end one per- 
fect Common Recovery with Double Voucher may be thereupon had 
and Sufifered and all & e\ery other thing ik Tbings he done & per- 
fected needfull & Convenient for the having and Suffering the same 
Recovery according to the Course of Common Recoverys in Such 
Cases used & the Same recovery is also to be executed by one Writ of 
Harbere facias Seisinam Accordingly. And it is hereby further Cov- 
enanted Concluded lic agreed by 6: between all the Partys to these 
Presents for themselves and their Heirs & every of them that the 
Said Recovery so as aforesaid or in any other manner to be had & 
Sufferd of the Said County with all the Messuages Lands Tenements 
Hereditaments & all 6: Singular the Said Granted premises with 
their 6: every of their Appurtenances thereto belonging or in any 
manner appertaining Shall be and Enure & Shall be Deemed Ad- 
judged »k taken d: is meant and intended & by all the Said Partys to 
these Presents is hereby Declared to be and enure and the Said John 
Wentworth & his heirs from 6: Immediately after the perfecting the 
Same Shall stand Seized of all and Singular the Said County with 
all the Messuages Lands Tenements Hereditaments & all & Singular 
the Said Granted premises with their 6: every of their Appurtenances 
thereto belonging or in any manner appertaining to *S: for the only 



MASONIAN PAPERS GENERAL. 205 

proper use Benefit & Behoof of tlie Said Jolin Tufton Mason his 
heirs & Assigns for ever & to «& for none otlier use Intent or ])iirpose 
whatsoever — 

In Witnkss whereof the Partys to these Presents have hereunto 
iiiterchaugably Set their hanels & Seals the Day & Year first Writ- 
ten 

Sign'd Seald & Dc- Jn" Tufton Mason [seal] 

liver'd in Presence of 
us the words botli 
John Exeter his being 
first Interlin'd 

William Parker 

D Peirce 

Province of New Hampshire 

PortsuKjuth May the 20"' Day 1746 then John Tufton Mason 
within n;inied Personally Appearing acknowledged this Instrument 
to be his Voluntary Act & Deed Before 

William Parker Justice of the peace 



\_Recoveri/ by Jolin WenticortJi, 1746.1 
[Masonian Papers, Vol. 1, p. 55.] 

Prov* of ) George the Second by the Grace of God of Great Brit- 
New riamp'' \ ain France & Ireland King Defender of the Faith &,"* 

To the Sheriff of our Province of New Hampshire his under Sheriff 

or Deputy — Greeting. 

We Commaiul you that you Summon Richard Wibiid & 

[Seal] Samuel Solly both of Portsmouth within our Piovince of 
New Hampshire Esq'^% (if they uuiy be found in yoiii- Pre- 
cinct), to appear before our Justices of our lufe' Gourt of Gommou 
Pleas to be holden at Portsmouth within and for our Said Province 
of New Hampshire on the first Thursday Next following the first 
Tuesday of June next then and there in our Said Gourt to Answer 
unto John Wentworth of Portsmouth afores'^ Esq*^ in a Plea of 
F^ntiy upon a Disseizen in the Post wherein he Demands of them all 
that Tract & Parcel of Land heretofore Galled by the name of the 
G«)unty of New Hampshire or New Hampshire Lying & being within 
our Said Province Goutaining by Estimation one Hundred Thousand 
Acres more or Less Bounded as follows (Viz') Begining at the mid- 
dle part of Naumkeck River from thence Runing Eatward along the 



206 CHARTEll RECORDS. 

Sea Coast to Cape Ann & Round about the Same to Piscataqua Har- 
bour and So forward up within the River Newichawannock & to the 
farthest liead thereof & from thence North Westwards Till Sixty 
miles are fiiinished from the first Enterance of Piscataqua Harbour 
and also from Naumkeek through the River thereof up into the Land 
West Sixty Miles froui which Period to Cross over Land to the Sixty 
miles End accounted from Piscataqua Harbour as aforesaid and all 
the messuages IVneuients and Hereditaments thereof with their & 
Evt^ry of their appurtenances Excepting & Saveing out of the Said 
Premises the Townships of Portsmouth Hampton Dover Exeter 
Streathem & New Castle with all the Parrishes Districts Precincts & 
Villages within the Snid Townships any aud Every of them as the 
Said Townships Parrishes Districts Precincts & Villages are Limited 
& Bounded by the Acts Orders Records (\istoms & usages of our 
Saiil Province and also Excepting all that Part of Said Premises 
Contained within tlie Bounds & Limits of the Townships Called 
Salisbury Almsbury Havt^rhill niethuen & Dracutt any & Every of 
them whi(^h is Situate within our Saul Province with all & Singuler 
the Mi^ssuages Tenements & Hh editameuts appertaining & belong- 
ing to Any & EveiT of the Said Excepted Preuiises and Every Part 
& Parcel thereof with their & Every of their Rights members Prev- 
eledges & appurteuanc s iuto which Premises, (Excepting as before 
E>ccepted) they the Said Richard & Samuel have no Eutry but after 
a Disseizen w*^*^ Hugh Hunt thereof unjustly & without Judgement 
Committed Against him withiu Twenty years Last past & whereof 
he Complaiiieth that the said Richard & Samuel still unjustly 
Deforce him and wherenj)on he Saitli that he himself was S^ized of 
the Said County of New Hampshire Lands Tenements and Heredi- 
taments afores'^ with the appurtunances (Except as before Excepted) 
in his own Right as of his Inheritance & Right in a Peaceable time 
in our Reign taking the Proffitt thereof to the Value of Three 
Thousand Pounds a year and into w"^^^' the Said Richard & Samuel 
have no Eutry but a,fter the Disseizen which Ihigh Hunt thereof 
unjustly & without Judgement (\)mmitted Against him within 
Twentv years Last past & whereof they unjustly Deforce him & 
thei-eupon he brings this Suit and have you there this Writ with 
your doings therein Wittness Theodore Atkinson Esq'' at Portsmouth 
the Tweiityeth Day of may in the 19"' year of our Reign Annoque 
Domini 1746 — 

H Wentworth Cle"^ 



MASONIAN PAPERS GENERAL. 207 

Prov® of I niav 20"' 1746. I Summoned the within named 
New Ilamp'' ( Richard Wibird & Samuel Solly to appear & an- 
swer according to the Tenor of this Writ by Reading tlie Same to 
them 

Tho'' Packer Sherr^ 

A True Copy att: H Weutworth Cle"" 

John Wentworth 

Prov^ of ( At His Majesty^ Infe^ Court of Com'on Pleas 
New Hamp'^ \ Holden at Portsm° In & for Said Province on the 
First Thursday Next following the First Tuesday 
in June being the 5'^ Day of Said month 1746 — 

Present 
1^ Theodore Atkinson ^ 

TheHon-e ^ViHiam Moor ^ Esq- Just^ 

1 Joseph Pence [ ^ 

i^ Daniel Warner J 

John Wentworth of Portsmouth in the Province of New Hampsh"" 
Esq^ Pla' adv« 

Richard Wibird & Samuel Solley of Said Portsmoutii in Said 
Province Esq" Deft*— 

In a Plea of Entry upon a Diseizen in the Post wherein he 
Demands of them all that Tract & Parcell of Land heretofore- Called 
by the name of the County of New Hamp'' or New Hampshii-e Ly- 
ing and l)eiiig witiiin the Said Province Containing by Estamation 
Cue Hundred Tiionsand Acres more or Less Bounded as follows 
(Viz') Begini!ig at tlie Middle of Naumkeek River from thence Run- 
ning Eastward a Long the Sea Coast to Cape Ann & Round about 
the Same to Piscataqua Harbour & so forward up within the River 
Newichawounock & to the farthest head thereof & from thence 
North Westwards Till Sixt}' miles are finished from the first En- 
trance of I'*iscataqua Harbour, and also from Naumkeek through the 
Rivei" thereof up into the Land West Sixty miles from which Period 
to (^ross over Land to the Sixty miles End accounted from Piscata- 
qua Harbour as aforesaid and all the Messuages Tenements & Heri- 
ditauiHiits thereof with their and Every of their A|)purtenances Ex- 
CEPTiNc & Saveingoutof the Said Premises the Townshi|)s of Ports- 
tnouth Hampton Dover Exeter, Streathem & New Castle with all the 
Parrishes Districts Precincts and Villages within the Said Town- 
ships Any and Every of them as the S'' Townships Parrishes Dis- 
tricts Piecincts & Villages are Limmitted and Bounded by the Acts 



208 CHARTER RECORDS. 

Orders Records Customs & useages of our Said Province anii also 
Excepting all that Part of Said Promises Contained within the 
Bounds »Sc Limmitts of the Townships Called Salisbury Almsbury 
Haverhill Methuen & Draeutt Any and Every of them w"^ is Situate 
within our Said Province with all and SinguUr the Messuages Tene- 
ments & Hereditaments Appertaining and belonging to any and 
Every of the Said Excepted Premises & Every Part and Parcel 
thereof with tht-ir and Every of their Rights members Priveledges 
and appnrtunant-es into which Premi>es Excepting as before Ex- 
cepted they the Said Richard & Samuel have no Entry but after a 
Disseizeii w*^ Hiigh Hunt thereof unjustly and without Judgement 
Committed against him within Twenty years Last past & whereof 
be Complaineth that the Said Richard & Samuel still unjustly De- 
force liiin & whereupon he Saith that he himself was Seized of the 
Said County of New Hamp'^ Lands Tenements & Heriditaments 
aforesaid with the appurtunances (Except as before Excepted.) in 
his own Right as of his Liheritance & Right in a Peaceable time in 
our Reign Takeing the Proflfitt® thereof to the Value of Thiee Thou- 
sand Pounds a year and into w'*" the Said Pichard & Samm-l have 
no Entrv but after the Disseizen which Hugh Hunt thereof unjustly 
& without Judgement Committed Against him within Twenty years 
Last Past & whereof they unjustly Deforce him 6c thereupon he 
brings this Suit — 

And the Said Richard Wibird & Samuel Solley come Personely 
into Court and Defend their Right when &'' and Vouch to Warrant 
tliH Said Tract of Land & ^'oiinty afores'' with all the Said Mes- 
suages Tenements and Heriditaments with their and Every of their 
Ap[jui'tunances (Excepting as before Excepted) John Tiifton Mason 
Esq^ 

Richard Wibird 
Samuel Solley — 

And the Said John Tnfton Mason Esq"" being Present here in 
Court in His own Person Freely Wari^anterh the Said Tract of Land 
(fe County afores^ with all the Said messunges Tenements and Heri- 
ditaments with their & Every of their .Appnrtunances (Excepting 
as before Excepted) to them their Heirs & Assignes &'' — 

John Tufton Mason — 

And thereupon the Said John Wentworth Esq"" Demandeth Against 
the Slid John Tufton Mason 'Tennant by his Warranty the Said 
Tract of Land & ('ountj aforesaid with nil the Said Messuages 
Tenements & Heriditaments with their & Every of their Appurtu- 



MASGNIAN PAPERS GENERAL. 209 

nances (Excepting as before Excepted) in Form nfoies'' Ajid wliere- 
npon lie Saitli that lie iiimself was Seized of the Said Tract of Land 
& County afores'' with all the Said Messnages Tennements & Beri- 
ditainents with their & Every of their Aji])urtuiiances (Excepting as 
aforesaid) in his own Right as of his inheritance & Right in a 
Peaceable 'JMnie of the lieign of onr Lord the King that now is 
Takeing the Proitits thereof to the Value of Three Thonsand 
Pounds a year into w''' the Said John Tufton Mason had no Entry 
but after the Diseizen which the Said Hugh Hunt thereof unjustly & 
without Judgement Committed Against him within Twenty years 
Last i)ast and whereof the Said Jolm Tufton Mason Still unjustly 
Deforceth liim wherefore he brings this Suit — 

John Wentworth — 

And the Said John Tufton INlasou Defendeth his Right when &'' 
and further Calleth to Warrant the Said Tract of Land & County 
aforesaid with all the Said Messuages Tenements & Heriditaments 
with their and Every of their Appurtunances (Excepting as before 
Excepted) Michael Falker who is Present here in Court in his own 
Person — John Tufton Mason — 

And the Said Michael Falker being Present in Court in liis own 
Person freely Warrauleth the Said Tract of Land & County afores'^ 
with all the Said messuages Tenements & Heriditaments with their 
& Every of their Appurtunances, Excepting as before Excepted) To 
the Said John Tufton Mason Escf Michael Falker — 

And hereupon the Said John Wentworth Esq^'Demandeth Against 
the Said Michael Falker Tenant by his Warranty the Said Tract of 
Land & County afores'' with all the Said Messuages Tenements and 
Heriditaments with their and Every of their Appurtunances, Except- 
ing as before Excepted) in form afores*^ & heieupon he Saith that he 
himself was Seized of the Said Tiact of Land & County afores'* with 
all the Said Messuages Tenements & Heriditaments with their and 
Every of theii- ajjpurtunances Excei)ting as aforesaid) in his own 
Rijrht as of his Lilieritance & Rifjht in a Peaceable time of the 
Reign of our Lord the King that now in Takeing the Proffitt thereof 
to the Value of Three Thousand Pounds a year into w'* the Said 
Michael Falker had no Entry but after the Diseizen which the Said 
Hugh Hunt thereof unjustly & without Judgement, Committed 
Against him within Twenty years Last Past & whereof the Said 
Michael Falker still unjustly Deforceth him wherefore he brings this 
Suit — John AVentworth — 

14 



210 CHARTER RECORDS. 

And the afoves'^ Micliael Falker Tenant by liis Warranty Defend- 
eth his Right when &'' and Saith that the afores'* Hugh Hunt did 
not Disseize the afores*^ John Wentworth of the Said Tract of Land 
& County afores'' witli all the Said Messuages Tenements and Heri- 
ditaments with their & Every of their appurtunances, Excepting as 
before Excepted as the Said John Wentworth by His Writ & Declar- 
ation afores'^ above Snpposeth & of this he Putteth himself on the 
Country &"' 

Michael Falker 

And the Said John Wentworth asketli Leave therein to Imparle 
and hath it — 

H Wentworth Cle"^ 

And afterwards the Said John Wentworth came again into Court 
this Same term in his own Person, and the Said Michael Falker Tho 
Solemnly Called Came not again but Departed in Contempt of the 
Court and made Default. Therefore It is Considered by the Court 
that the Said John Wentworth Recover his Seizen Against the Said 
Richard Wibird & Samuel Solley of the Said Tract of Land & County 
afores*^ with all the Said Messuages Tenements and Heriditaments 
with their & Every of their A])purtnnances Excepting as before Ex- 
cepted) and that the Said Richard Wibird & Samuel Solly have of 
the Lands of the Said John Tufton Mason to the Value &'^^'^ and the 
Said John Tufton Mason have Farther of the Lands of the Said 
Michael Falker to the Value &''^ and that the Said Michael Falker 
be in Mercy — 

And hereupon the Said John Wentworth Prayeth the Writ of the 
Lord the King Directed to the Sheriff of the Said Province to 
Cause him to have full Seizen of Said Tract of Land and County 
afores'^ with all the messuages Tenements & Heriditaments with 
their & Every of their Appurtunances, Except as before Excepted) 
and it is Granted to him Returnable here the first Thursday Next 
following the First Tuesday of September Next — 

H Wentworth Cle^ 

A Writ of Possession Granted 26"' Da}^ of July 1746, Returned 
Septemb' 1746. full Seizen of the Foregoing Premises with the ]\Ies- 
suages Tenements Heriditaments and Appurtunances &'' given to 
the Said John Wentworth Esq"^ 

A True Copy att^ H Wentworth Cle^ 



MASONIAX I'APEKS GENERAL. 211 

Prov*^ of } George the Second by the Grace of God of Great 
New Haiiip'" \ Britain France & IreUuid King Defender of the Faith 

[seal] To the Sheriff of our Province of New Hampshire 

Greeting 

Know you that John Wentworth of ]'ortsmouth 
in vSaid Province Esq"^ in our Infe^ Court of Com'on Pleas Iloklen at 
Portsm" In & for our Said Province of New Hamp' on the First 
Thursday Next following the First Tuesday of June Last past By 
the Considei'ation of the Same Court Recovered his Seizen Against 
Richard Wibird & Samuel Solly both of Portsmouth afores'^ within 
Our Province of New Hampshire Esq''* of all that Tract or Parcell 
of Laud heretofore Called by the name of the County of New Hamp- 
shire or New Hampshire Lying and being within our Said Province 
Containing by Estamation One Hundred Thousand Acres more or 
Less Bounded as follows Viz' Begining at the midle of Naumkeck 
River from thence Runing Eastward along the Sea Cost to Cape 
ann and liound about the Same to Piscataqua Harbour and So for- 
ward up within the River Newichawonock and to the farthest head 
thereof & from thence Northwestward till Sixty miles are finished 
from the first Entrance of Piscataqua Harbour & also from Naum- 
keck through the River thereof up into the Land West Sixty Miles 
from which Period to Cross over Land to the Sixty miles End 
accounted from Piscataqua Harbour as aforesaid and all the mes- 
suages Tenements & Heriditaments thereof with their & Every of 
their appurtunances : Excepting and Saveing out of the Said Prem- 
ises the Townships of Portsmouth Hampton Dover Exeter Streathem 
& New Castle with all the Parrishes Districts Precincts and Villages 
within the Said Townships Any and Every of them as the Said 
Townships Parrishes Districts Precincts and Villages are Limmitted 
and Bounded by the Acts orders Records Customs & usages of our 
Said Province and also Excepting all that Part of Said Primises Con- 
tained within the Bounds and J>immitts of the Townships Called 
Sallisbury Almsbur}^ Haverhill Methuen & Dracutt Any and P^very 
of them wiiicli is Situate within our Said Province with all and Sin- 
guler the messuages Tenements Heriditaments Appertaining & be- 
longing to Any and Every of the Said Excepted Premises and Ever}^ 
Part & Parcel thereof with their & Every of theii- Rights Members 
Preveledges & Appurtunances into which Premises, Excepting as 
before Excepted, By our Writ of Entry upon Disseizen in the Post — 

And Tlieiefore We Command that you Cause the Said John 
Wentworth Esq"^ to have full Seizen of the Said Lands Messuages 
Tenements & Heriditaments thereof with their & Everv of their 



212 CHARTER RECORDS. 

AppiiituDances and make it Ap])ear to our Justices of our Infe'" 
Court of Coin'on Pleas Next to be Holden at Portsmouth afores*^ on 
the First Thursday Next following the First Tuesday of September 
Next How you Execute this Precept, and have you there this Writ 
Wittness Theodore Atkinson Esq' at Portsmouth The Twenty Sixth 
Day of July in the Tvventyetli year of our Reign Annoque Domini 
1746— 

H Wentworth Cle' 

Prov^ of I July 28, 1746 By Virtue of this Writ to me Diricted 
New Hamp"" ( on this Day I Caused the Said John Wentworth Esq"^ 
within mentioned to have full Seizen of the within mentiond Lands 
Messuages Tenements & Heriditaments with the ap[)urtunances 
thereof as by this Writ I am Commanded 

Tho^ Packer, Sherr" 

A True Copy Att^ H Wentworth Cle"^ 

Prov* of I Portsm° September 1746 The above and on the 
New Hamp"" ( Contra SicTe is a True Copy of the Writ of Possession 



Recorded bv 



H Wentworth Cle"" 



Prov^ of I Portsmouth August 21* 1747 The Foregoing Papers 
New Hamp"^ \ being Nine in Number Contain a True Copy of the 
whole Process wherein John Wentworth Esq"" was Pla" & Richard 
Wibird & Samuel Solley Esq""^ were Deft** in a Plea of Entry upon a 

Disseizen in the Post 

Att' ^ Hunking Wentworth Clerk 
of the Infe"^ Court of Common 
Pleas for the Province of New 
Hampshire 

New Tenor 
For the Copy of the Foregoing Pages is .. 15 — 

also for Copying at Large in the books — 5 — 

£1..— 
Att' H Wentworth Cle"" 



[House Journal, July 29, 1746.] 

Whereas this House at y^ INIotion of Cap' John Tufton have for 
some Time had an Agreement made between the s'' iSlason & John 
Thomlinson Esq"" &c concerning y*^ Purchasing y^ Right which said 



MASOXIAN PAPERS (JKNERAL. 213 

Mason claiins to y*" Province inichu- Consideration Jlesolved that y'' 
S*^ Agreement be forthwith Comj)lyed with on y" Part of this Gov- 
ernment & that y^ Right which S'' Mason chiims be purchas'd for y® 
Benefit of the Inhabitants of this J^rovince Tiiat according to s'' 
Agreement y'' S'' Inhabitants beqiiieted in their Setlements agreeable 
to y'' Grants of this Government & y'' Wast Lands be granted out 
by y® Gen' Assembly to y" Inhabitants of Said Province as they 
Shall think proper — 
Sent up by M"" Sanborn 



[II. .use Journal, July 30, 1746.] 

Agreeable to a Resolve of this House of Yesterday 

Voted That John Gage Esq'' & jNP Meshech Weare be a Commit- 
tee of this House to join Such as may be appointed by the Hon' 
Council to treat with Cap' John Tufton Mason about fullfilling his 
Agreement made with JNP' Thomlinson about conveying y" Right S'^ 
Mason claims to this Province to y*^ Inhabitants & to di-aw up proper 
Instruments in order therefor & immediately lay them before y'^ Gen- 
eral Assembly 

Sent nj) by ]M'' Sanborn 

^NP Zeb Giddiuge & Cap* Israel Gilman beg*^' Leave to Enter their 
Dissent to y*^ Vote & \"^ Resolve immediately foregoing & accordingly 
did Dissent 



[Council and Asseudily Records, July 30, 1746.] 

Mr Sanburne from the House bro' Up a Resolve (of the House of 
this Day) foithwith to Comply with the agreement made between 
John Thoudiuson Esq & Cap' John Tufton Mason concerning the 
right the s'' Mason Claims to this Province &ic^ 

And alsoe A Vote for the Choice of A Comittee Agreeable to the 
above S'' Vote to Treat with the S'' Mason about fulHilling the S*^ 
Airreeni' 



\^Deed^ Mason to Proprietors^ July 30^ 1740.^ 
[Masonian Papers, Vol. 1, p. o6.] 

To All People to whom these Presents shall come John Tufton 
Mason of Portsmouth within y^ Province of New-Hampshire in New- 



214 CHAKTEE, EECORDS. 

England sendeth Greeting Know Ye that Captain John Mason here- 
tofore of London Esq^ now Deceas'd by Vertue of Several Grants to 
him made by & under the Crown & several Confirmations & Ratifi- 
cations thereof by y® Crown claimed & held a certain Tract of Land 
Situate in New-England in America lying upon y^ Sea Coast between 
y® River Merrimack & y^ River of Piscataqua & runing up Piscata- 
qua River to y® farthest Head thereof «&from thence Northwestward 
until Sixty miles are compleated & so runing up y® River Merrimack 
Sixty Miles & then across y® main Land to y® End of y® Sixty Miles 
aforesaid common called & Known by y*^ Name (»f New-Hampshire 
which Grants & y*' Right Title & Liheritance of in & unto the same 
which did belong to y*" said Cap' John Mason is now become y*^ Estate 
in Fee of y" said John Tufton Mason as he is Heir at Law of John 
Tufton Mason deceas'd who was y® Son & Heir of Robert Tuf- 
ton Mason deceas'd who was Grandson & Heir at Law of y® Said 
Cap* John Mason deceas'd And for & in Consideration of y*' Sum 
of fifteen Hundred Pounds of good & lawful Money of y" Province 
of New-Hampshire aforesaid to me y* Said John Tufton INLison in 
Hand well & truly paid by Theodore Atkinson Richard Wibird John 
Moffatt Mark Hunking Wentworth Samuel Moore Jotham Odiorne 
jun' & Joshua Peirce Esq""* Nathaniel Meserve George Jafi^rey jun"" &> 
John Wentworth jun'' Gentlemen all of Portsmouth aforesaid & 
Thomas Wallingford of Summersworth in Said Province Esq"" & 
Thomas Packer of Greenland in y** Province aforesaid Esq^ the Re- 
ceipt whereof to full Content & Satisfaction I hereby acknowledge 
& thereof & of every Part & Parcel thereof I do exonerate acquit & 
discharge them y® said Theodore Atkinson Richard Wibird John 
Moffatt Mark Hunking Wentworth Samuel Moore Jotham Odiorne 
jun"^ Joshua Peirce Nath^ Meserve George Jaffrey jun'^' John Went- 
worth jun^' Thomas Wallingford & Thomas Packer & all & every of 
their several & respective Heirs Executors & Administ'^ for ever 
Have given granted bai-gaind & Sold & by these Presents do give 
grant bargain Sell aliene enfeoff make over convey & for ever confirm 
unto them the Theodore Atkinson Richard Wibird John Moffatt 
Mark Hunking Wentworth Samuel Moore Jotham Odiorne jun'' 
Joshua Peirce Nathainiel Meserve George Jaffiey jun"^ John Went- 
worth jun"^ Thomas Wallingford & Tliomas Packer their Heirs & 
Assigns for ever in y^ manner & Proportion hei'eafter in these Pres- 
ents mention'd All that my Right Title Literest Estate Liheritance 
Property Possession Claim & Demand whatsoever which 1 now have 
of in & unto all that Tract or Parcel of Land Situate in y^ Province- 
aforesaid containing two Hundred thousand Acres more or less 
bounded as follows Viz' begining at y® ]\[outh of Piscataqua River 



MASONIAN TAPEltS GENERAL. 216 

tlieiice up y* Same to y^ fartlicst Head of Newicliewannick River so 
callcl & to the furthest Head thereof & thence Northwestward until 
Sixty miles be eomph'tited from y*' mouth of Piscataqua River afore- 
said y* Place where it began & then from Piscataqua River aforesaid 
along y'^ Sea Coast towards Merrimack River until it comes to y® 
Boundary Line between y® s'' Province of New-Hampshire & y® Prov- 
ince of y^ Massachusets-Hay then runiug as y*' Said Boundary Line 
runs until Sixty Miles be eompleated from y" Sea then runing from 
y^ Westerly End of y'' Sixty Miles last mention'd across y'' l^and to 
y* Northerly End of y*" Sixty Miles first mention'd together with y® 
Soutiiwest Half of y'' Tsles of Shoals with all my Right Title Inter- 
est Estate Lilieritance I'roperty Possession Claim & Demand what- 
soever which I have of in & unto all & every of y'' Towns Parishes 
Precincts Districts Villages Buildings Woods Rivers Ponds Waters 
& Water Courses Stones Mines Quarries & Minerals & all Timber 
Trees within y® Said Boundaries with all & every of y® Priviledges 
& Appurtenances ProfEtts Commodities & Accomodations to y^ Same 
& any & every Part & Parcel thereof in any manner belonging with 
y" Reversion & Reversions Remainder and Remai'ders Rents Issues 
& Pioffits to y® Same & to any & every Part & Parcel thereof in any 
manner belonging & appertaining To Have & To Hold y*^ Said 
granted & bargain'd Premises with y*^ Privileges & Appurtenances 
as aforesaid in manner & Form following Viz' to the Said Theodore 
Atkinson three fifteenth Parts thereof to him his Heirs & Assigns & 
to y® Said Mark Hunking Wentworth his Heirs & Assigns two fif- 
teenth Parts thereof & to y*" Said Richard Wibird John Moffatt Sam- 
uel Moore Jotham Odiorne jun'' Joshua Peirce Nathaniel Meserve 
George Jaffrey jun"" John Wentworth jun"^ Thomas Wallingford & 
Thomas Packer to each of them & their several & respective Heirs 
& Assigns for ever one fifteenth Part thereof for ever so that no 
Person or Persons claiming or that shall or may hereafter claim y® 
Said granted & bargain'd l*remises or any Part thereof from by or 
under me y*^ Said John Tufton Mason shall have any Right Interest 
Inheritance Possession or Property whatsoever of in & unto y'' Same 
or to any Part or Parcel thereof forever hereafter Moreover Anna 
Elizabeth INLason y*" Wife of me the Said John Tufton Mason doth 
by these Presents give grant & surrender all her Right of Dower & 
Thirds in y® Premises unto them y*^ Said Theodore Atkinson Richard 
Wibird John Moffatt Mark Hunking Wentworth Samuel Moore 
Jotham Odiorne jun"^ Joshiui Peirce Nathaniel Meserve George Jaf- 
frey jun"^ John Wentworth jun'" Thomas Wallingford & Thomas 
Packer their Heirs & .Assigns for ever In Witness whereof I y'^ S'' 
John Tufton Mason & Anna Elizabeth my said Wife hereunto set 



216 CHARTER RECORDS. 

our Hands and Seals the thirtyetli Day of July in the twentyeth 
Year of y*^ Reign of King George y*" Second Anno Domini 174G 

Signed Sealed & John Tnfton Mason [seal] 

Deliver'd after y*" Words Anna Elizabeth Tufton Mason [seal] 
(all her Right of Dower 
& Thirds in the Premises) 
were interlined in y" last 
Line of y'^ Second Page in 
Presence of 

Joshua Gilman ) 

Noah Emery — ) 

Province of New-Hampshire July 30"" 1746 Receivd of Theo- 
dore Atkinson Esq'' & others in y® foregoing Deed mention'd fifteen 
Hundred Pounds y'^ full Sum of y*" Consideration in this Deed men- 
tion'd 

£1500 .. .. Jn° Tufton Mason 

Province of New-Hampshire Portsmouth July 3 P'' 1746 Then John 
Tufton Mason Esq' above named & Anna Elizabeth his Wife per- 
sonally appearing before me y*' Subscriber one of his Majesties Jus- 
tices of y® Peace for said Province acknowledged the foregoing Deed 
to be their free Act & Deed Pierse Long — 

Receiv'd August 27'^ 1746 & Recorded August 28 1746 



D Peirce Reed'' 

Province of New-Hampshire A true- Copy from Lib. 31 Fol 220 
Examind this 23'^ Day of' May 1748 D Peirce Recd"^ 



[^Propr-ietors' Quitclaim to Towns, Jidij 31^ 174G.'\ 

[Masonian Papers, Vol. 1, p. 57.] 

To All People to whom these presents shall come Greeting — 
Know Ye that we Theodore Atkinson Richard Wibird John Moffatt 
Mark Hunking Wentworth Samuel Moore Jotham Odiorne jun"" 
Joshua Peirce Nathanael Messerve George Jeffrey Jun'' and John 
Wentworth Jun' all of Portsmouth in y'' Province of New Hampshire 
in New England and Thomas Wallingsford of Somersworth and 

Thomas Packer of Greenland both of said Province Aforesaid 

Diverse good causes and Considerations us hereunto Moveing have 
remised Released and Quit claimed and by these Presents for our 
Selves Each and every of us & all and each & Every of our Heirs 
Executors and achninistrators Respectively Do Remise Release and 
forever Quit (Maim unto the Lihabitants and Proprietors of the sev- 



MASONIAN PAPERS GENERAL. 217 

erall Towns Precincts Parishes Villages »S: Districts hereafter named 
Lying and being within the Province aforesaid Viz' Portsniouth 
Dover Exeter IJanipton Gosi)ort Kingstown Derry Chester Notting- 
ham Barrington Rochester Canterbury liow Chicester Epsom Barn- 
stead — With all and every the Districts Parishes Precincts and Vil- 
lages within y® said Townships any and every of them and to their 
i5UCcessors Heirs and assigns forever Res[)ectively in theii' Seisin and 
Possession now being as the said Townships Parishes Districts Pre- 
cincts «fc Villages are Limitted bounded and describetl b}^ the acts 
orders Customs and usages of the said Province with all and Singu- 
lar the Estate right Title Inheritance Claim and demand of us and 
€acli and every of us of in and unto the same and every part thereof 
to us in any manner Belonoing Either to Houses Lands Rivers 
woods mines minerals and appurtenances Whatsoever Excepting and 
Reserving to our Selves and such of us and each of us our Respective 
Heirs and assigns all and each of our several and Respective rights 
Titles hiheritance & Possession which we heretofore had in Common 
or In Severalty as Inhabitants or Proprietors of Houses & Lands 
within any of the Towns Precincts Pai'ishes Districts & Villages 
aforesaid in the same Manner as tho the above Release had never 

Been made 

To HAVE AND TO HOLD the above Remised And released premises 
with all the Privilledges and appurtenances to the same in any man- 
ner belonging to them the said Inhabitants and propi-ietors their 
Severall and Res])ective Successors Heirs & Assigns for ever Ac- 
cording to their severall & respective Tenures Grants Privillidges and 
Possessions Excepting as before Excepted In Wittness Whereof 
we have hereunto set our hands and Sf^als the Thirty first Day of 
July Anno Domini 1746 in the Twentieth year of the reign of King 

George tlie Second &c 

Signed Seald and Theod' Atkinson [seal] 

deliverd after the words R Wibird [seal] 

(of us and each and John Moffatt [seal] 

every of us) were In- Mark H^ Wentworth [seal] 

terlind — In ])resence Sam' Moore [seal] 

of us. Executed b^^ J Odiorne J"" [seal] 

all Except Tho^ Packer Joslr' Peirce [seal] 

Esq"" before Nathaniel Meserve [seal] 

Joshua Gilman Geo: Jaffrey jun"" [seal] 

Noah Emery John Wentworth j' [seal] 

signd Sealed & delivered Tho" Wallingford [seal] 

by Tho*" Packer Estf in Tho** Packer [seal] 

Presence of 



Richard Hart. 
Noah Emerv 



218 CHARTER RECORDS. 

Province of } Portsm" July 31. 1746 — tlien Tlieodore Atkinson 
New Hampshire ( Richard Wibird John Moffatt Mark hanking 
Wentvvortli Jotham Odioriie jun"" Joshua Peirce Nath'^ Meserve 
George Jaffrey Jun"^ John Wentworth jun"" and Thomas Wallingford 
above named Acknowledged the foregoing Instrument to be their 

free Act & deed before me 

Pierse Long just: Peace 

Province of } Portsm° August 23M746 Then "^Sonally ap- 

New Hamph"" \ pear'd Sam' Moore & Thomas Packer Esq"'* and 
Acknowledg'd The above Instrument to be Thier free Act & Deed 
before 

Pierse Long just. Peace 

Recorded Lib. 71, Fol. 175. 

Exam'd D Peirce Red"" 



[House Journal, July 31, 1746.] 

The Hon' Mess""* Atkinson Solly & Sheaf came down to y® House 
& Said they were directed by y*^ Council to inform y® House that 
they had no material objection against y*^ Resolve of the House of y^ 
29"^ Instant & y® Vote of y'^ 30^*^ Instant in Consequence thereof ex- 
cept y^ last paragraph of y*^ Resolve Viz* & that the Wast Lands be 
granted out by y® Gen' Assembly to y*^ Inhabitants of S'' Province as 
they shall thing proper — for that they tho't S^ Paragraph was iucon- 
sistant with y** Constitution & contrary to his Majesties Commission 
& Instructions to his Excellency Nevertheless if y'' House proposes 
to purchase of Cap' Mason & afterwards address his Majesty for 
Leave to dispose of S'' Lands to y" People iu that manner they were 
content 



[Council and Assembly Records, July 31, 1746.] 

M"" Giddings from tlie House to Enquire Aveither the resolve & 
Vote of the House of Yesterday relateing to Cap' Masons Claim 
were Acted upon — 

The Council took the S'' resolve & Vote under Consideration & 
came to the following resolve Viz that they Are willing to joyn in a 
Comittee to Treat w^ith M"" Mason & to make jjood the Aoreem' made 



MASONIAN TAPERS GENERAL. 219 

between M"^ Tlioinliiison & M"" Mason but tliey Apprehend that the 
s** Resolve of the Mouse is not Ajjreable to the S'' Agreement Per- 
ticularly in the Last Clause mentioned that the Waste be Granted 
by the General Assembly which S^ resolve was Sent Down by Atkin- 
son Solley & Slieatl'e Esc} 



[House Journal, Aug. 1, 1746.] 

Voted That Col Pef Gilman John Gage Esq' AP Henry Sherburne 
jun"" & jVP Mesh Weare be a Committee of this House to join Such 
as may be appointed by y^ Hon' Council to consult on y** properest & 
best Method for y^ Prov" to proceed in concerning Ca[)* Masons 
Claims to this Province &; make immediate Report to y'^ Gen' As- 
sembl}' 

Sent up by Cap' (iilman 



[House Journal, Aug. 1, 1746.] 

The Committee appointed this morning to consult on y® properest 
& best method for y" Prov*^ to proceed in concerning Mason's Claim 
to this Province &c report as follows Viz 

Pursuant to y^ afores'^ Vote we have met & consulted on y'^ Sub- 
ject matter thereof & do Report y* for y*' quieting of y'' Good People 
of this Prov® & to prevent future Difficulties & Disputes it will be 
best for this Prov*" to purchase y"^ S'' Claim for y*" Use & Benefit of 
y^ Inhabitants of this Province if y° late Purchasers will sell it for 
y^ Same Sum they gave for it & Charges — 

The afores'' Report being read 

Voted That it be accepted & Sent up for Concurrence 

Sent up by Cap*^ Leavit 



..[House Journal, Aug. 2, 1746.] 

Pursuant to y** Report of y® Committee of both Houses of y^ first 
Instant appointed to consult on y" properest & best Methods for y® 
Prov^ to proceed in concerning Ca[)' Masons Claims 

Voted That Col Peter Gilman John Gage Esq' M"" Henry Sher- 
burne jun'"&M' Mesh Weare be a Comm*^*^ of this House to join Such 



220 OHAKTEK RECORDS. 

as ma}^ be appointed by y® Hon^ Council to treat with y^ Claimers & 
if they will Sell on y* Terms mention'd in S'^ Report & conclude a 
Bargain with them agreeable to s<^ Report & take Advice of Gent" 
Lear'd in y* Law about proper Instruments to be drawn & Executed 
by ye §'' Claimers & get them prepar'd & ready to la}' before the 
Gen' Assembly at their next Meeting & at y® Same time make Re- 
port of all their Doings 

Sent up by Mess" Bell & Cap' Oilman 



[House Journal, Sept. 19, 1746.] 

Whereas a Committee appointed to consult on y^ properest & best 
Methods for y"* Province to proceed in concerning M'' Mason's Claim 
to this Province &c Reported that it would be best for this Province 
to purchase y*" S'^ Claim for y*" Benefit of y'= Inhabitants of this Prov- 
ince if y® late Purchasers will sell it for the same Sum they gave for 
it & Charges which Report was accepted by y*^ Gen' Assembly & 
thereupon a Com**^ was appointed accordingly & as y** Said Claimers 
have sent a Letter to that Com'^'' which has been laid before y« Gen' 
Assembly intimating that they expected when they parted that they 
would have pursued that Part of y^ Vote which related to getting 
Instruments of Convevance drawn &c 

Voted— That Coll Peter Gilman Clem' ]\Iarch Esq"" & M^ Meshech 
Weare be a Committee to join Such as may be appointed by y^ Honb' 
Council to purchase s'' Claim agreeable to y*" Report of y'" Committee 
appointed to consult on y*^ properest & best Method for y® Province 
to proceed in concerning iP Mason's Claim & to get Instruments 
drawn up accordingly to be laid before y' Gen' Assembly for their 
Approbation as soon as may be — 

Sent up b}' Cap* Gilman 



\_Report of House Committee, Aug. 12, 1746.^ 

[Masonian Papers, Vol. 1. p. 60.] 

Prov« of New ) Portsm^ Aug' y^ 12"^ 1746 The members of y^ 
Hampshire ) House Representatives who were of y® Commit- 
tee appointed by y^ General Assembly y* 2'^ of August to Treat 
with y® Claimers under Mason &c Report to y*^ Hon' House as fol- 
lows Viz' 



MASONIAN TATEKS GENEUAL. 221 

That on y'' 4"' of Aug*^ Instant Six of y" Committee met with y® 
S^ Claimeis who were as follows Viz' 

The Hon' Theod'' Atkinson Esq"" — three fifteenths 
Mark Ilunkino- Wentworth Esq'' two fifteenths 
Th.' Hon' Rieiiard Wil)ir(l Esq^ 
i\r' John Wentworth jnn' 
jM"" (leorge flaffrey jun'" 
Coll Sam' Moore Esq' 
Coll Nath' Meserve Esq' 
Tho* Packer Esq' 
Tho* Wallingforcj Esq' 
Jothani Odiorne jun' Esq' 
Joshua Peirce Esq' 
John Moffatt Esq' 
and informed them of y*^ Power invested in y® Committee by y® Gen' 
Assembly & after Some Time spent in Conference on y* Affair the 
Question was put to y® s*' Claimers whether they would Sell on y' 
Terms proposed by y^ Gen^ Assembly Viz' for y^ Same Sum they 
gave & Charges to which they did not all agree but soon after broke 
up & left y^ Committee 

Hen Sherburne jun' | 
Peter Gilman ( 

A true Copy Examind 

^ D Peirce Clk Hou Repr^« 



[^Ansiver of Proprietors to Committee, Sept. ^, 77^^.] 

[Province Pa])ers, Correspondence, Vol. 1, p. 813; and Masonian 
Papers, Vol. 1, ]). G3.] 

Gentlemen 

When We parted about a month ago by what was then said We 
Expected you would have Pursued that part of the Vote you shew 
us that Related to your taking the advice of Gentlemen Learned iu 
the Law, about Proper Instruments to be Drawn & Executed by us 
to Convey to the Province Our Right to that part of the Province 
heretofore Claimed by M' Mason, which after the said Deeds was so 
Prepared were by the said Vote to be laid before the Assembly at 
their next meetings which meeting of Assembly is long since Past & 
We have never yet seen any Deed nor can We learn any hath been 
Prepared 

Gentlemen We are not unsensible that a Report has Prevailed in 
many parts of the Province — That We took a bargain out of the 



222 CHARTER RECORDS. 

Governments liands, & that by Our so doing, they were Deprived of 
that very Land which was always Reserved for the Inhabitants of 
the Province as A Recompense for the great Charge they had been 
at &c and that the same had often been Promised to them — Now 
Gentlemen pray give us leave to tell you (in the Capacity of a Com- 
mittee, appointed to Treat with us) That this affair has lain before 
the Assembly ever since the 30th of October 1744, being then laid 
before them by His Excellency, with the Agreement made between 
M'' Thomlinson on behalf of the Government, and the said Mason, 
and was afterward several times put in mind thereof by Messages 
but nothing done to Effect — After this when M'' Mason arrived from 
England Last Winter, he put in a memorial Desiring the said Agree- 
ment with M'' Thomlinson might be RatifN'ed, that he on his part 
was always ready ; but to this he could get no Answer, he then Pre- 
ferr'd a second memorial in which he told the Government he could 
wait no longer and that unless they Immediately came to some Reso- 
lution he should be Obliged to make the most of his Interest another 
way, and that he should take their Silence as a Refusal, to this Last 
he waited many Days at the Door, before he was Admitted to Speak, 
and when he was and had Answered such Questions as the House 
tho' proper to ask, and had said what he tho* was necessary in the 
Affair was Dismissed Without any Prospect of an Agreement, Then 
he Apply'd to us as he had often done before, but We Refused to have 
any Treaty with him 'till he had Publickly Docked the Intail, which 
ought to have been done at the Province Charge & We Dare say not 
one Person in the Government that is acquainted with these things 
believes the Assembly ever Intended to Purchase of him, So that 
We certainly are Clear of the Charge of taking a bargain out of the 
Governm''* hands. We could l)y no means force the Assembly to 
Purchase it for the People; Those of us that were of the Court for- 
warded it to the utmost of Our Power, and always would have Voted 
for it & to sliew Our Inclination Immediately after We had Pur- 
chased of M"^ Mason Signed a Quit Claim to every Proprietor of Land 
holding under this Government, in the Old Towns, and their Appen- 
dages Viz — Portsmouth, Dover. Hampton, & Exeter, & to the other 
Towns of Kingstown, Londonderry, Chester, Nottingham, Barring- 
ton Rochester, Chichester, Epsom, Canterbury, Bow & Barnsteed 
this was done freely, and without any Consideration, but to Quiet 
the Good People, and had Our View been otherwise, We might have 
made great Sums, even of Private Persons to have Confirmed their 
particular Rights, in many of these New Towns whose possessions 
cannot as yet Create them a Right, This was one Reason of Our 
Purchasing & Let any Impartial Person Judge wether We have In- 



MASON IAN PAPERS GENERAL. 223 

juied the Inliubitants or befiiciuled them — We assure you many of 
us would have given as much money for INlasons Private Quit Claim 
to Our Own Rights in the New Towns — 

Besides every body knows how jAIasons Right has always hung 
over us and on every Turn We are threatened with a Proprietor this 
has ever been the Case since the Government w^as Settled & very 
latelv these threats are come nearer home, within less than Twelve 
months, Masons Deed to a C'ommittee of the Massachusetts in behalf 
of that Government for a Tract of Land on the Boundary Line 
whose Purchase Consideration was X500 — has lately been Entred on 
Our Province Records & bro' into Court, and as We are Informed a 
Title under it set up in Opposition to the Grants made here by the 
Governour & Council — Seeing these things We Wisely Prevented 
the spreading Evil by taking M' Mason up: who when We agreed 
with him had better offers from another Quarter, We hope We have 
not Materially mistaken Any of the foregoing facts, Some or other of 
us being Privy hereto from whom We have had the Liformation — 

And now Gentlemen W^e assure you that We are ready to execute 
a Deed for Our Remaining Interest in the Premises in the same 
manner as We reC' it, and for the same sum with Our Cost attend- 
ing the same. Provided this be done within one month from the Date 
hereof, and the Deed is made to Convey the Land to the Govern- 
ment to be Granted to such Inhabitants as the Governour, and Coun- 
cil shall Grant Charters to, — You'l Excuse us in saying We will w^ait 
no longer than One month, because We have many Persons to Oblige 
in the disposal of these Lands & If Wee seek the Opportunity can sell 
them for more than tea Times the Value We gave and offer them for — 
We are Gentlemen Your 

Most Obedient Humble Serv"^ 
Portsmoutli Septemb'' 4'" 17-16 — Theodore Atkinson 

To the IIon""« R Wibird 

Jotham Odiorne ^ John Moffatt 

Samuel Smith i p rs J Odiorne Ju"^ 

Samuel Solly [ ^ Mark 11" Wentworth 

Samj)son Sheafe ) John Wentworth jun"^ 

Peter Gilman ") Nathaniel Meserve 

Henrv Sherburne jr { p ^^ Sam" Moore 

JohnVxage f^^^ Tho^ Wallingford 

Meshech Weare ) Tho* Packer 

As a Committee of the Gen- ") Geo: Jaffrey jun"^ 

eral Assembly Appointed to Treat (^ Joslr'^ Peirce 

with the Claimers of Masons ( 

Right &c— J 



224 CHARTER RECORDS. 

In Council September the 6"' 1746 

The foregoing haveing been Presented to the board by the Chair- 
man of above s'' Comittee was read at the board & ordred to be Sent 
Down to the Hon^'^® the House of Representatives 

Theodore Atkinson Se'^ 



[Council and Assembly Records, Sei)t. 6, 1746.] 

Jotham Odiorne Esq"^ Chairman of the Comittee Appointed to 
Treat with the Claimers of M"^^ Mason Right &"■ bro' in A memorial 
from the s'* Claimers Directed to the s'' Comittee offering to Dispose 
of their Remaining Right, as it Cost them which Memorial was Read 
at the board & Sent Down to the House 



[House Journal, Dec. 8, 1746.] 

Whereas a (committee appointed to consult on the properest & 
best Methods for y^ Province to proceed in concerning M'' Mason's 
Claim to this Province &c reported that it would be best for this 
Province to purchase y*^ Said Claim for y** Benefit of y'' Inhabitants 
of this Province if y*^ late Purchasers will sell it for y*^ Same Sum 
they gave for it & Charges — which Report was accepted by y*^ Gen^ 
Assembly & thereupon a Com*"'' v'as appointed accordingly & as y'^ 
Said Claimers have sent a Letter to that Committee which has been 
laid before y® Gen' Assembly intimating that they expected when 
they parted that they would have pursued that Part of y® Vote 
which related to getting Instruments of Conveyances drawn &c and 
whereas by a Vote of this House of y® nineteenth of Sep"" last Coll 
Gilman M"^ March & M'' Weare were appointed a Comm*''^ of this 
House to join such as should be appointed by y'' Hon' Council to pur- 
chase said Claim agreeable to said Report &c which Connni"' were 
then prevented from Acting in Said Affair by y'^ Surprise & Confu- 
sion "y® Province was then put in by y** Report of a large French 
Fleets being on or near our Coast & Whereas s'^ Vote is since dead 
by y'' Prorogation of y® Gen' Assembly it is therefore again 

Voted That y*' S'' Coll Gilman M^ Wear & M"- March be a Com*«'' to 
join Such as may be appointed by y'' Honb' Council to purchase s'* 
Claim agreeable to y'^ Report of y® Committee appointed to Consult 
on y'' properest & best Methods for y** Province to proceed in con- 
cerning M"" Mason's Claim & to get Instruments drawn up accord- 
ingly to be laid before y'' Gen' Assembly as soon as may be 

Sent up by Cap* Jennes 



MASON I AN I'ATEItS CKNKI^AL. 225 

[House Journal, Dec. 11, 1746.] 

M' Secretary came down & Said in Answer to y'^ Message by M"" 
Sanburn All y*' Votes y' have been sent up this Sessions were con- 
curr'd by y* Council Except y'' Vote relating purchasing y Powder 
brot by Cap' Hammond & y*" Vote relating y*" purchasing Mason's 
('laim & y*" Vote for a Committee to correspond with y'" Agent &c & 
y'' Vote for Supplying Coll Oilman & (^ap' (4age with Bil'-' Money 



[^List of Legislative Events.'\ 
[Masonian Papers, Vol. 1, p. Q'6.'] 

1744 Jan^ 1. Gov'' sends to y^ house to know if they had acted upon 
y® Indenture between Cap' Thomlinson & Mason 

1744, Dec"^ 19. y® Gov"" sends to y^ house to desire y*^ would come to 
some Resolve About y® Agreem' between Cap' Thom- 
linson & Mason — 

1744 Octob'^ 30"' y" Gov"" Send's y*" Agreem' between Cap' Thomlin- 
son & mason & others for their Perusal & Considera- 
tion 

174") Feb^ 22'' Mason's Memorial to Gen" Court recom'ended to y^ 
House "^ y'' Council — 

1746 July 30: A mess" from House to Comply w"' y^ Agream' be- 
tween Cap' Thomlinson & (>ap' Mason — & a Commit- 
tee to treat w"' Mason — 

July 31^' the House enquire after it — y'' CouncilTs Resolve upon it 

Aug: 1 The house appoint a Comitte & y® Council join to Considei 
y*' proi)erest & best Method to proceed in y*" Pur- 
chase of Mason 

y® said Comittee consult & make Report w''' is accepted 
by y" house 
2'' the said Report is accepted by y'" Councill 

Sepf 6 The Claimers Memorial offering to dispose of their Right at 
y" price as it cost read at y^ Council & sent down to y^ 
house 
19 M'' Israel Gilman brought up Votes to ))repare Deeds of Con- 
vey'' from y® Claimers of Masons Right & to appoint a 
Committe 

Dec"^ 9"' a new Committee appointed to purchase of y® Claimers of 
Mason's Right 
15 



226 CHARTER RECORDS. 

IDraft of Deed of Sale to Province, May 15, 1747.'] 

[Masonian Papers, Vol. 1, p. 67.] 

To ALL People to whom these Presents shall come Greeting, 
Know Ye that Theodore Atkinson Richard Wibird John Moffatt Mark 
Hunking Weutworth Sam' Moore Jotham Odiorne jun'" & Joshua 
Peirce Esq" Nathaniel Meserve George Jaffrey jun'^ & John Went- 
worth jun'^ Gentlemen, all of Portsmouth in the Province of New 
Hampshire & Thomas Wallingford of Sumersworth in said Province 
Esq"^ & Thomas Packer of Greenland in said Province Esq' for & in 
Consideration of y® Sum of Pounds lawful money 

of Said Province to them in Hand before the Ensealing & Delivery 
of these Presents well & truly paid by the Hon' George Jaffrey of 
Portsmouth & the Hon' Eben"^ Stevens Esq'** Feoffees in Trust for & 
in behalf of the Inhabitants of the Province of New Hampshire 
aforesaid the Receipt whereof the said Theodore Atkinson Richard 
Wibird John Moffatt Mark Hunking Wentworth Samuel Moore 
Jotham Odiorne jun'' Joshua Peirce Nathaniel Meservey George 
Jaffrey jun'^ John Wentworth jun"^ Thomas Wallingford & Thomas 
Packer to their full Satisfaction do hereby Acknowledge Have given 
granted bargain'd sold aliened enfeoffd convey 'd & confirm'd & by 
these Presents do freely & absolutely give grant bargain sell & aliene 
enfeoff convey & confirm unto them y^ Said George Jaffrey & Eben"^ 
Stevens as Feoffees in Trust for & in behalf of the Inhabitants afore- 
said all Right Title Interest Claim Property Estate Possession & 
Demand whatsoever of them the said Grantors by Virtue of any 
Purchase or Purchases by them made or any Deed or Deeds by them 
had of Cap' John Tufton Mason of Portsmouth aforesaid Esq"^ of in 
& unto all that Tract of Land situate in the Province aforesaid con- 
taining two Hundred thousand Acres more or less bounded as fol- 
lows Viz begining at y^ Mouth of Piscataqua River thence up the 
Same to y'^ farthest Head of Newichewaniiick River (so called) & 
thence Northwestward until Sixty Miles be compleated from the 
Mouth of Piscataqua River aforesaid the Place where it began & 
from thence along the Sea Coast towards Merrimack River until it 
comes to y* Boundary Line between y'' Said Province of New Hamp- 
shire & y*^ Province of y" Massachusetts Ray then runing as the said 
Boundary Line runs until Sixty Miles be compleated from the sea 
then runing from the Westerly End of y*^ Sixty Miles last mentioned 
across y'' Land to the Northerly End of y*^ Sixty Miles first men- 
tion'd together with the South West half of y^ Isles of Shoals with 
all y^ Profits Commodities Priviledges Immunities & Advantages 



MASONIAN PATEItS (JENEUAL. 227 

whatsoever to the said granted Premises belonging To Have and To 
Hold the said granted & bargain'd Premises with all the Priviledges 
& Appurtenances to y*" Same belonging or in any wise appeitaining 
unto them the said (leoige Jatlrey & Ebenezer Stevens their Heirs 
& Assigns as Feoffees in Tiust for y'' use ot y'' Inhabitants of the 
said Province of New-Hampshire & their Successors for ever & for 
no other use Intent Trust or Purpose whatsoever Moreover the 
wives of those of y*^ Said (xrantors who are married do hereby give 
grant Sell & convey & surrender up to y*" said Feoffees for y*' use 
aforesaid all their Right of Dower & Power of Tliirds of in & unto 
the said granted & bargaind Premises & every Part & Parcel 
thereof 

In Witness whereof the said Grantors & their said Wives have 
hereunto set their Hands & Seals y* fifteenth Day of May Anno 
Domini 1747 And in the twentyeth Year of his Majestie's Reign — 

Signed Sealed & Deliverd 
in Presence of us — 

Prov*" of New Hampshire A true Cop}' of a Deed laid before y* 
House of Representatives of Said Province by a Committee ap- 
pointed for that End — 

D Peirce Clk Hon Rep^-^ 



[House Journal, Aug. 20, 1747.] 

Voted That y*^ Com'*'" appointed to negotiate y*" Affair with y* 
Purchasers of Mason's Claim (so called) offer y*' Deed (which has 
been read once & again in this House) to Said Purchasers in order 
to be executed 



\_An8wer of Proprietors to Assembly^ June i, 1748.^ 

[Masonian Papers, Vol. 1, p. 70.] 
Gentlemen 

When we met you in August Last agreable to your 
Desire in order to Peruse the Deed Conveying the Right we Pur- 
chassed of Cap* Mason to the Province You must remember at first 
reading we Pointed out maney objections that you your Selves could 
not think it Reasonable for us (as it was Drafted) to Execute it — 
1. the Deed was made to the Hon'"'* George Jaffrey & Ebenez'' 
Stevens Esq as feoffees in Trust for & in behalf of the Inhabitants 



228 CHARTER RECORDS. 

of the Province 2'"^ the Premisses Conveyed was Viz all right Title 
Interest claim Property Estate Possession & Demand whatsoever 
which we had by Virtue of Any Purchass or Purchasses by us 
made or any Deed or Deeds by us had of Cap' John Tufton Mason 
of in & to all that Tract of Land Scituate in the Province Contein- 
ing Two hundred thousand Acres more or Less Bounded Viz begin- 
ing at the mouth of Piscataqua River thence up the Same to the 
furthest head of Newichwannick River thence Northwestward till 
Sixty Miles be Compleated from the mouth of Piscataqua river 
afores"' & from thence along the Sea Coast towards Merrimack 
River untill it comes to the Boundary J^ine between the Province of 
N: Hamp'^ & the Province of the Mass-* Bay then Run'ing as the 
s*^ Boundary line Runs untill Sixt}^ Miles be Compleated from the 
Sea then Run'ing from the Westerly End of the Sixty Miles last 
mentioned a Cross the Land to the northerly End of the Sixty Miles 
first mentioned to geather with the South West half of the Isles of 
Shoals with all Profits Previledges &C'* &c" and 3''^^ the feofees were 
to have & to hold the Premisses to them their heirs & assignes in 
Trust for the use of the Inhabitants &c* forever Now Gentlemen 
agreable to your Desire we have pen'd the objections & offer our Rea- 
sons why we did not Execute the Deed that the Gen" Court & every 
Person in the Province may if they Please be Acquainted with the 
whole affair — as to the first objection as to the feoffees in Trust 
there is nothing mention'd in the Deed what they are to Do with 
the Premisses nor Any Time when any thing Should be Transacted 
about them tis true tis mentioned for the use of the Inhabitants So 
that Such a Deed when Executed Intituled eveiy Inhabitant to an 
Eqnall Shear of the Land So that a Peison that had not been an 
Inhab' more theu a Day before the Deed took Place had as good a 
right As the oldest Inhabitant & one that Pays the Least I'ate to the 
Province Tax as much Land as he that Pays the most & one that 
never paid more then one Rate Equal to him that Perhaps has paid 
fifty neither is their any mentioned weither the Land Shall be Laid 
out into Townships or other ways So that before any thing could be 
done every Inhabitant in the Province must be notifyed & meet & 
Pass Some Vote about which no Law or Custom can Support they 
not being Incorporated as a body Pollitik for any Such End we could 
o-ive many more Reasons for our first objection but the nature of y® 
thing does So Plainly Suggest them that we think it Quite unnessary 
if any Controversy should arise ab' the Shars how Should it be 
Determined no Jury but which are Parties & what must be Done in 
Such a Case but Our Reasons for the 2'' objection is that if we Exe- 
cute that Deed we in Express words Convey all our Respective 



MASONIAN PAPERS (iKNKRAL. 229 

Rights to all the Land with in the bounds Set forth in y'' Deed lor 
all these we Puvchassed of Mason th6 Perhaps we might have Some 
other Right at the 8anie Time to our houses & Land Possessed a 
Long Time Still all these are Licluded in Masons Deed tons & alsoe 
in the Deed you have Pi'epared for us to Signe this appears at the 
first View but we hope not Designed hut this we know it would not 
avail us to Say we Did not Designe to Convey what we Enjoyd 
before the Purchass of Mason for we should be told to y* Law & to 
the Deed & that what was Written was writen this as it in a Pertic- 
ular manner aftected us as the Sellers we think Quite a Sufficient 
Reason for Rejecting the Deed But as we Took upon our Selves 
Included in the number of y® Purchassers it will not we hope be 
taken amiss if we answer the theird objection by askeing a Question 
Pray Suppose M'' Jaffrey or AP Stevens Should Die before their 
Trust is finished Pray who Are to be the feofees their Sons they 
Certainly are their heirs or how are the Successors to be Appointed 
— or Supose one only Should Die must the heirs or Successor of the 
Surviver Act We hope these reasons with Luimerable others too 
tedious to Insert in this man'er are Sufficient to Convince you Gen- 
tlemen & the Hon'''" Assembly that our objections are well grounded 
Besides had your Leazure Permitted you to have Perused our Letter 
to the former Comittee Dated the fourth of September 174<3 you 
could m)t have mistaken our Intent with respect to this Conveyance 
iu that Letter we Stated Severall matters of fact that then occurrd 
& we tho' necessary & are Sorry the}^ did not meet the Courts appro- 
bation we have been told that one fact there alledged was not True 
& if this was realy So & we upon its being Pointed out to us could 
Not have Explaind it Consistant with Truth & uprightness or had 
Mentiond the s"* fact Perversely ov with any wicked Design we 
Should Acknowledge the Censer our Due this Perticular is thus 
worded " After this when AP Mason Arived from England last Winter 
he Put in a memorial Dcposeing that s'' agreem' with M*" Thomlinson 
might be Ratif3'ed That he on his Part was allways Readv but to 
this he could get no Answer — he then Preferrd a Second Memorial 
in which he told the Government he Could wait no Longer &c'^ now 
Gentlemen what we have realy been upbiaided With is that Cap' 
Mason Preferrd but one memorial which may be answerd by En- 
quireing whether M' Mason Did Attend ui)on & was admitted into 
the House in Person & there memorialized again & again — So 
that we think the Charge ags' us must Vanish & our Integrity 
plainly appears in the affair — this gave Rise to our Limiting the 
Time for concludeing the bargain to one month with out any View 
but to Quicken the finishing the affair which will Plainly Appear by 



230 CHARTER RECORDS. 

our Entreing in to Proposealls more than once afterwards with the 
Comittee of the House tho we cant but take notice of the House's 
neglect in Letting the thing Lay Dormant for a Considerable time 
this Convinced us as it must any Indefferent Person that the House 
never Intended to bagain with us about this affair and further Pray 
Let us Aske why has not this been Long Since made & Concluded 
upon you all know Gentlemen that had you have been Ready to pay 
us the money or Passd any Votes for Raiseing any money &c" &c'' 
We should have been ready to have Executed a Deed agreeable to 
the letter signd by the Purchasers dated Sep' 4**^ 1746, but Shall not 
by any means sign such a deed as was left with the purchasers by 
the Committee of the assembly — 

In behalfe and by Order of y** Proprietors 

Geo: Jaffrey jur Proprietors Clerk 

Province of New [ June y*^ 1*** day 1748 

Hampshire \ To Meshec Weare & Clement March Esqu'* 

y*" Committee of Assembly 

Copy of Answer d'' to M. W: June 2<^ 1748 one of s'' Com**^^ 



[House Journal, June 4, 1748.] 

Whereas the (Jommittee appointed to treat with the Claimers 
under Mason & pui-chase that Claim for y^ Benefit of y® Province 
have not yet been able to compleat any thing relating that Affair — 

Voted That Peter Gilman Tho' Bell & M'' Henry Sherburne ju' 
be a Committee of this House to join Such as may be appointed by 
y^ Hon^ Council to treat with make a Bargain & purchase of y^ Said 
Claimers their Said Claim under Mason for y*^ Use & Benefit of y** 
Government that they have fidl Power to get proper Instruments 
drawn executed & fully to compleat & finish the same agreeable to 
y*^ former Votes of y® General Assembly & to enable them immedi- 
ately to transact this Affair a Sufficient Sum of money be paid them 
by the Treasurer out of the publick Treasury & that the Same be 
bro't into the publick Treasury again by a Tax on y*" Poles & Estates 
of y*" Inhabitants of this Province this present year 1748 & that an 
act be drawn accordingly 

Sent up by M' Macmurphy 



7Ul*°J.' 



vj »YX 



_- iJ.lOf 



iliC 



iVpiu j M^-p ysyi^'S 



^^. 






FS 









"J 






-^^^M. 



■k 
: 3^ 



fc'^ 






1. 



^sspiy// -^sa^ 



f4 



F^; 



N° 



^ 



MASONIAN rAPEHS CENEKAL. 231 

\^lnfonnation from Joseph, BlancharcU 1748.^ 
[Masonian Papers, Vol. 1, p. 68.] 

I am of Opinion that tlie two towns that Goffe and Stark, Are Sell- 
ing, may Perform y'' Duty (if Strangers take it) for 2 thirds the Land, 
Salem Canada for 3 Quarters N" 6 in the South line of towns, be- 
tween N" 7: Called Hills IJorough) and Hopkinton Calle^di N" f), for 
2 thirds, and the Originall (i ran tees under Mass"'' Would Readily 
Comply with tiiem Conditions Salem Canada & S"' N° 6. I Believe 
I Could Negociate the towns Lay'd out More Northward I am a 
Stranger to. Peters Borough New Boston Halestown Hopkinton & 
Hills Borough & Sowheegun West are all towns of Excellent Good 
Land And they Will I Expect Apply by their Agents to you & Com- 
pound for them Selves — 

I am of Opinion y'" Setlements Ought to begin next Spring, the 
next Sumer fit 2 acres for plowing And two for mowing and Build a 
house and by Next November have an Lihabitaut on each Setling 
Right that they Continue there and each Succeeding year for three 
years more subdue & tit for jdowing or mowing the like Quantity 
Stocking the mowing Land with Grass, and Manure the tillage And 
On Omision of any part for either Year the Land to Revert & to be 
granted to Other Setlers, that Each Setler pay Such Rates for the 
Mending Roads Building a Meeting house Setling & Supporting A 
minister, or Other necessary town Charges As Shall by y'' Major 
part of y*" Inha''' be equally assessed for S'^ Uses within — Blanck — 
months after notice, or his lands forfeited — or so much as will pay 
the Rate And Charges/ 

Conditions fraimd Somthing like this will be necessary 

the House 7 feet Stud 18 feet Square Room a Celler & Chimney — 
or Other like Dimensions 

I Bought 2 Rights Li Gorehams town & if it Should be the pleas- 
ure of y'" Prop""** to let me Setle on the Condition of other Setlers 
one Share in the town Cap' Goffe takes the Care of And One in 
Starks town I Shall readily do Com'on Duty. Shall Esteem y** 
favour (if otherwise. — will not Comi)lain 

N B. the Rev'^ M' Tho« Parker of Dracut & Col: Stoddard of 
Chelmsford, had Each of them one Right in Gorehams town / if 
there be room to Admit them as Setlers would be of Service/ 

These Broaken Scraps of minits may "^haps Serve to keep in your 
Rememl)rauce, Some of these things / And desire You would 
keep it for y"" Own Information till I Can prepare Somthing from 
these things more plain J B 

M"" Jaffrey 



232 CHARTER RECORDS. 

That they Likewise as Conditions of grant in Some proper, time, 
Build a Meeting house And Setle a minister & prohibtion of Break- 
ing tlie Course of fish in Any Stream — ^ 



)? 1 



, vJDeposUion of Mar</aret Pastree, July 25^ 174S.^ 

^^ ' [Masonian Papers, Vol. 1, p. 72.] 

I !)if. 

Margrett Pastree aged about 74 years, Testifyeth & Saith That She 

well Knew Robert Tufton Mason Esq^ the Claimer of y Province of 

New Hampshire about the year of 1686 when Sir Edmund Andrews 

was Governour of the Territorys of New England in the Reign of 

his Majesty King James the Second, and that the Said Robert with 

Seveiall Other Gentlemen was with y® Said Sir Edmund Andrews to 

his Government of New York & Albany and that the Deponent was 

Informed that the Said Robert Died at Sopas upon Hudson's River 

between the Cities of New York and Albany in his Said Journey, 

and further Saith that she knew two young men named John & 

Robert who were Called and Reputed the Sons of y abovementioned 

Robert Tufton Mason Esq' 

Margrett Pastree 

Suff^ ss Boston, 25'" July, 1748 

Margaret Pastree the above Deponant made Oath to the Truth of 
the foregoing Declaration by her signed In perpetuam rei memoriam 

Cor'" Edw'* Hutchinson ) Justices of the 

John Ruck ( peace & of the quorum 



\_Joseph Blanchanrs Obligation^ Nov. »5, 77^(5.] 
[Masonian Papers, Vol. 1, ]>. 78.] 

Portsmouth Nov'' 5'" 1748 

Gen'" the Prop'* of Masons Grant &c" 

Whereas I the Subscriber have this day Rec'' your Request & 
Authority to Lay out into townships the Lands As therein described 
And to Ad mitt Setlers at my descretion And On Such Conditions 
on youi' behalf as I Shall think Equitable T hereby Oblidge my Self 



MASONIAN I'APKRS (iENKIIAI,. 233 

to Reserve on Qiiartei- [)art iit the least And As nuicli more as the 
Expediency of the Setlenient will Allow of &c the township to be 
Allotted ont & the Setlers at the whole Charge therein And will 
Constantly Acquaint You with my proceedings thering 

I am V Hum' Ser' 

.los: IJlanchard 



[Letter from Joneph BlancharJ, Nov. 30, 1748.] 

[Masonian Papers, Vol. 1, p. 80.] 

The venerable Society of Mason Hall — 
Gentlemen — 

In Pursuance of your desire I have proceeded to measure the 
Lands directed to make Setlement on, and find enough for five town- 
ships: have not time to transmitt 3^ou a i)lan but shall Send it next 
week I have Wrote to the Prop"^" Clerk of Groton and the Prop'^'' 
Clerk of townshend, Intimating y® Authority you gave me, Particu- 
larly that at my Discretion I was to Admitt inhabitants, and if they 
inclined to Setle I should Accommodate them as far as I Could in 
faithfullness to my trust provided I had their Answer in twenty days 
to the Same purpose I have Wrote Coll" Berry one of y'' Principal 
Prop'* of New Ipswich & to Severall of the Prop'''' of Rowley Can- 
ada desireing them to Comunicate it to their piop"" Desireing a 
positive Answ^er — This has Sufficiently Allarm'd the vicinity, And 
Ap])lication has already been made for twice the Quantit}^ of Land 
you Left with me to dispose of All the Inhabitants of New Ipswich 
Aud Rowley Canada (both which fall within my Diocess) have 
Applyed, to be Continued As Setlers under Your Conditions And 
many others of y"" Prop*"* of each town, I appreheud I Shall Quietly 
Succeed, unless Coll** Berry be Poutey & Sullen on Behalf of New 
Ipswich, Which Since I have entered upon it Desire under your 
directions my Liberty may be Continued to Setle with him. or Any 
Others that Shall be Obstinate: I can readily Compound that the 
Eighteen Shares proposed As Owners to Draw one third of Each 
town Clere, have proposed to E(pialize the tow-ns Quantity for Qual- 
lity, And the Setlers to Draw lotts which towns to fall into, a Suffi- 
cient Sum of money Advanced on entrance to pay the Charge of 
Survey Roads a Meetinghfiuse and for preaching the first Six months 
to begin the Setlement next June at furthest if peace In Six months 
from Drawing their Lotts to have Housen built And Inhabit there, 
and so to make a progressive Improvement for four years Stating a 



234 CHARTER RECORDS. 

Certain Quantity for each year & for them by Indenture to your 
Lordships on failure at any time of any part to Surrender the Whole 
under a Sufficient Penalty; by the Same Indenture to pay by the 
Setlers all town Chaiges, untill Your lotts are Improved and so fait 
them to become Chargable According to the Incombe ; In Case a 
Lawsute Should Arise from Other Claimers you to be at that Charge, 
(which I had not your Speciall Authority for) excepting that your 
Quitclaim to be their title with Several! Other Contingent Articles 
of Duty On their part which all who have Applyed readily Concur 
with — 

if this be not Acceptable or any thing further Occurrs to your 
minds for my Direction you may Write by Cap' Golfe & may be 
Assured of my faithfull Complyance I have Likewise proposed An 
Injunction that they Joyn with the non Setlers in A|)plying to the 
Gov'' & Council for an Incorporation And as Soon xA.s I have Answer 
from the Massachusetts Claimers Shall fill up the lists of y^ Severall 
Towns — 

The Writings I'm not Capable of forming, shall depend on them 
being done at Portsmouth. — The Prop"^* of Souheegun West, Since 
I was at Portsmouth have Divided their Com'ons & I hear bid Defi- 
ance to your Title, if no Notice be taken of them I apprehend it 
will have An ill effect "^haps create you a Squable with many other 
towns, and your Setting up your Bristles early might put an end 
to it. (but as to y' you know best what to do.) I have Nothing 
to add but Wish yon Success in the Affairs before you And rest Y"^ 
Hum' Ser' at Com 'and 

Joseph Blanchard 

Dunstable Nov' 30'" 1748. 

To the Hon' Theodore Atkinson Esq"" moderator &c please to 
Com'unicate the aforewritten 

Y^'^ ut Supra J B— 



l^List of Petitions for Grants, Dec. 7, 1748.^ 
[Masonian Papers, Vol. 1, p. 8L] 

Pursuant to a Vote of y*" Proprietors appointing us y*" Subscribers 
a Committee to Examine y" Petitions that have been preferred to y** 
Proprietors, and prepare a Plan of Said Petitions with y® numbers of 
Petitioners — we Make Return as follow's — viz' 

old Hampton N° 1 Petition from old Hampton Town ^ m' Jn" 
Lovett for no certain place or Terms q' 89 Petitioners 



AfASONIAN I'Al'KltS GENERAL. 285 

Hampton N° 2 Petition from Hampton "^ m"^ Jon" Lovett for no 
certain place or Terms 60 Petitioners 

N" Hampton N° 8— Petition from North Hampton '§ Dan" Mars- 
ton & John Lovett for no certain place or Terms 60 Petit'** 

Hampton N° 4 Petition from Hanij)ton '^ uV John Sandborn f(>r 
on certain Place or Terms q' 6(1 Petitioners 

Hamjiton Falls N'' 5 Petition from Hampton Falls "^ m' Meshech 
Wear Sam" Prescntt & Benj'' Hiliard for a Township at or as near 
Amosceeg Falls or as near thereto as possible or a tract at y® north 
westerly corner of y" Town to be granted to Stark &c'^ &:c'^ bnt on 
no certain Terms q' 47 Petitioneis 

Portsm()° N° 6. Petition from Portsm" ^ m' Hnnk^' Wentworth 
for a Township on Merrimack River or as near as may be conven- 
iently on no certain Terms q' 240 Petitioners 

Portsm" N" 7. Petition from Portsm" ^ m' Hunk^' Wentworth 
for a Township called Souhegan West or Contocook or N" 5 if not 
them where may best suit y'' Prop'^ no certain Terms q^ 90 Peti- 
tioners — 

Portsm" N" 8 Petition from Portsm" ^ ColP Jn^^ Wentworth for a 
Township at Winepissiokee Pond upon no certain Terms q' 53 Peti- 
titioners — 

Exeter N" 9— Petition from Exeter ^ Geo: Creighton & Jer« 
Veas}' for a Township requesting no certain place or upon certain 
Terms — q' 80 Petitioners 

Stretham N° 10. Petition from Stretham ^ Cap' Geo: Veasy for 
no certain place or Terms q' 60 Petitioners 

Rhye N" 11 : Petition from Rhye f Jon'' Towle Franis & Rich'' 
Jennes 3*^ for no certain place or Terms q^ 80 Petitioners 

Kingston N°12 Petition from Kingston 1^ Rich'^ Hubbard & Dan" 
Young for a Township bounding upon y'' Crotch at northern side of 
Winepisseoke River — upon no certain Terms q' 57 Petitioners 

Kingston No° 13 Petition in behalf of Kingston "§ Major Eben"" 
Stevens & Jedediah Philbrick for a Township joining northerly on 
Contocook on y® west side of Merimack upon no certain Terms no 
particidar number of Petitioners — 

Kingston N" 14 Petition in behalfe of Officers & Soldiers of Cape 
Breton Expedition '^ John Lad & Jon" Young for no certain place 
or Terms & no particular Number of Petitioners 

Exeter & Hampton N° 15 Petition from Exeter Hampton &" "^ 
Joseph Rawlins for a Townshi[) in no certain place— upon reasonable 
Tei-ms q' 60 Petitioners 

Chestei^ & Londonderry N" 16 Petition fiom Chester & London- 
derry by James Campbell for a Township to as many Persons as y^ 



236 CHAKTEK RP^COIIDS. 

Proprietors shall think Proper Scituate & lying chiefly to y*" north 
of y'^ road lead*'' from New Boston to Hillsborough 

Lond°derry N° 17 Petition from Londonderry by Cap' Todd & 
Cap' Barr for a Township at or near Hales Town or otherways upon 
no certain Terms — q' 64 Petitioners — 

Districts N° 18— Petition from Districts by Nich^' White & Nath" 
Bartlet for a Township betwixt Salem Cannada & a remote place 
call'd Groton if not there where it best suits y*" Proprietors upon no 
certain Terms q' GO Petitioners — 

Haverhill District N° 19 Petition by Obadiah Perry & Dan" Poor 
for a Township to y*" northward joining upon Contocook & merri- 
mack River — q* 45 Petitioners — 

Penycook N° 20. Petition by John Webster & Nath" Smith for 
Six miles Square bounded easterly upon Hopkinton Westerly ui)on 
N° 7 northerly by Almsbury Town so call'd southerly by ungranted 
land if not where else best suits y^ Propr"* — no certain number of 
Petitioners — 

Haverhill District N° 21 Petition by Sam'^ Dustin for a Township 
begining at y® East Corner of Souhegan West then running Six 
Miles upon Salem Cannada then running Westerly Six miles &''^ to 
make Six Miles Squar no certain Terms or Petitioners — 

Chester N° 22 — Petition from Chester by Ebenezer Dearborn 
James Hills James Basford for a Township between a place called 
New Boston & Hillsboro — nor certain Terms or number of Peti- 
tioners 

Rumford N° 23 — Petition from Rumford for a Township between 
a place called n*' 5 & n° 7 — upon no certain Terms q' 48 Petitioners 

Souhegan East N° 24. Petition in behalf of y** Grantees of 
Naragansett N° 5. or souhegan East — by Docf Miller & Major 
White— 

Souhegan East N° 25 — Petition of y*" Inhabitants of Souhegan East 
for Said Township — q' 32 Petitioners — 

N° 26 Petition of Mess""* Goffe & Associates for Gorham's Town 

N** 27 Petition of Mess'* Stark & Renkin & associates for a Town- 
ship — 

Greenland N° 28. Petition from Greenland f Clem' March Esqu"" 
& Walter Weeks for a Township bound^ on Gilman Town & part of 
Winipissiokee pond, upon no certain Terms — q' ab' 62 petitioners — 

Stretham N° 29 — Petition from stretham ^ Cap' Wiggins &'' for 
a Quantity of land (Suppose a Township — ) no certain place or 
Terms — q' 81 Petitioners 

Dover & Summersworth N" 30. Petition from Dover & Summers- 
worth "^ John Gage Esqu"" for two tracts to make 2 Towns on y*" 



MASON IAN I'APEKS GENERAL. 287 

Head of Rochester line beginning on y® eastward side next to y^ 
County of york &''^ no certain conditions — 

Durham 31 Petition from Durham "^ Cap' Chesley & Eben"" smith 
for a Township, bounding on Rochester liead line & Barnstead, no 
certain Terms — q' 

N° 1. Permission given to .John Shepherd, to enter upon a Tract 
of Land ab' 500 Acres, Southerly by Souhegan River, Easterly by 
Souhegan West, &c" 

N° 2. James Rogers, Pudney & Others petition for a parcell of 
Land on the westerly side of Bow, or Lovell's Farm 

N° 3. Sundry petitions for Settlements, in Suncook Gorhams 
Town, New Boston &c'' 

N° 4. Maj'" whites Petition for his Right in Gorham Town 

N° 5. John Duncan for a Tract at Cohass — 

N"' G. Tim" Walker for Ditto in Marlbrough 

N° 7. Eben' Flag's 2 Letters about his Right in Hales Town 

N** 8. Gold & Parkhurst for a Tract of Land, call'd Lovell's 
Farm, near Gorham Town — 

N" 9. Tho^ Colburn's petition for a Tract in Lovell's Farm also 
Stephen Chess for a Right in Baker's Town 

N«' 10. Goffes & Walker's Plan of Rand's Farm 

N" 11. Eben"" whittemore & Others for Suncook 

N° 12. Thomas Thomas a Tract of Land between New Boston 
& N« 7— 

N° 13. Andrew Todd & Others for a Tract of land below Bow 
line 

Portsm' Dec' 7- 1748 fr^'fl^ ■ ! Com'ittee 

Geo: Jaiirey ]un 



\^Lette)' to John Tufton Mason.'] 
[Masonian I^apers, Vol. 2, p. 84.] 

John Tufton Mason Esqu' 

S"^ As you was about embarquing for England you was desirous of 
having a State of the Proceedings of the Proprietors in the Lands 
purchased of you ; from your Sale, to that time ; but your Sailing 
within a few hours prevented the Attempt, which I now endeavour 
to comply with in giving you a Short Sketch which may refresh your 
Memory in what you was knowing, and information of Some partic- 
ulars transacted in your Absence — Li order to which you need no 



238 CHARTER RECORDS. 

Int'onnation of your Agreement with John Thomlinson Esqu'' in 
London April 1739. and after your Arrival here, you need not be 
reminded of your Memorials to Gov'" Council & Representatives of 
Feb""^ 18, 1745, and of y' 7'*" may following, praying them to come to 
Some Determination on the Said Agreement ; whicli were read, & 
Recommended by the Gov"^ & Cou'cill to y" House of Representatives 
— nor can you forget how often you personally waited upon the 
Asembly to Scollicit their Compliance with your Agreement with 
their worthy Friend & Agent in behalfe of the People of this Prov- 
ince ; and how lightly they Esteem'd that Gentleman's good Service 
in that particular was within your own Observation ; and what 
Reception & treatment your personal applications to the Assembly 
met with you best know — & Also how justly you inferred the Deter- 
mination of the Assembly of not Complying with your Agreement 
with their Agent — in Consequence of which you determin'd to make 
Sale of y" Premises, & in Order thereto you had A common Recov- 
ery pass'd in June 1746, to dock y^ Entail — & then was so generous 
as to tender it to Gentlemen in this Province ; who readily accepted 
of the Offer, and Complyed with your Terms — It hapening you was 
Ordered to your Post at Louisbourg within a few days prevented a 
larger Number in the Purchase, and waiting for a further Motion to 
be made to the Assembly before y*" Sale was Executed — you may 
remember the Regard to the publick which was design'd in making 
the Purchase, and unanimity of Agreement in making a Quitclaim to 
all the Townships granted by the Gov" &, Councill of this Province, 
in the Same manner as they were before held b}^ the Grantees or 
those who hold under them ; except two Townships viz' Gilman 
Town, a valuable tract of Land, about which, it was not then under- 
stood that any Settlement was made or an}'^ Expence lay'd out by the 
Persons to whom granted ; and therefore none injured — and Town- 
ship of Kingswood, granted by Gov"" Belcher & his Councill about the 
time of the Trial of the boundary Lines betwixt Mass^ Bay & New 
Hampshire, and when y^ Court Sat at Hampton Falls (within which 
no Improvement had been made) it being all the Land ungranted to 
y** Eastward of Merrimack and Winipisiokee Pond, or at least all y* 
land of Repute, within those Bounds of y*" Province, not granted, that 
y'' Grantors inclined should be within the Province of New Hampshire ; 
and y® persons to whom granted were about between forty & fifty 
Persons, very few of considerable note, and only Such as were 
Abbettors of m"^ Belcher's Scheems in this Province — you may 
remember After y" Assembly were inform'd you had Agreed with 
us upon the Conveyance — they Sent a Com'^* to y'' Place where we 
agreed to meet to have your Deed Executed ; to inform you and us, 



MASONIAN PAPKRS (iKNKRAI.. 239 

tluit it" we had not proceeded so far as Executing the Deeds, & if we 
consented to release our Agreement with you, they would Comply 
with m"" Thomlinson's Agreement with you, for the purchase ; Then 
you took Occasion to recite to y^ Com""'' (the Speaker being one) the 
whole Transactions, which pass'd about the Affair from your Agree- 
ment with M"' Thonilinson. to that time ; Concluding with a Solemn 
Asseveration, that you would not Execute a Deed to the Assembly 
upon auy Terms whatever; after w'''they made no further Applica- 
tion to you upon the Affair — The next day the house Appointed a 
Committee to join Such as may be Appointed by y*" Council to Con- 
sult on y'" properest & best Method to proceed in, concerning Mason's 
Claim, & nuike im'ediate Report to y*^ Gen" Assembly ; to which 
Com'^'' the Council join four of their Members to make a Com'''*' of 
both houses — and Assented by y*" Gov"" the Same day y'' Com'**' Con- 
sult upon the affair, and Report it will be best for the Province to 
purchase the Said claim for the Use and Benefit of the Inhabitants 
of this Prov'" ; provided the late purchasers will Sell it for the Same 
Sum' they gaye for it, & Charges, which Report was read. Accepted 
& Concurr'd by Council & Assembly, and Assented to by y* Govern- 
our. the next day a Committee of both Houses was Appointed — and 
Assented to by the Gov'' — to treat with the Claimers ; and if they 
will Sell on the Terms mentioned in y*" Said Report — to conclude a 
Bargain with them agreable to Said Report ; and take advice of 
Gent"' learn 'd in the law about proper Instruments to be drawn & to 
be Executed by the Said Claimers, to get them ready & prepared to 
lay before y* Gen" Assembly at their next meeting & at the Same time 
to make report of all their Doings — 

The Members of y'' Committee of y'" Assembly — Report in the 
liouse ''that they met with the Said Claimers & informed them of 
the Power invested in the Com**'*' by the Gen" Assembly and After 
Some time Spent in Conferrence on the Affair the Question was put 
to the Said Claimers whether they would Sell on the terms propos'd 
by y" Gen" Ass'embly viz', for the Same Sum they gave & Charges, 
to which they did not all agree but Soon after broke up " before I 
proceed would make a few Remarks — Soon after his Excellency 
came to the Chair he Communicated to y*" assembly your Agieement 
with M'' Thondinson and fre(]uently Recomended their Consideration 
of it, and Compliance — it Seems they ('onsidered it So far, as to agree 
that not the least mention Should l)e made of your Riglit oi- Claim 
ujjon their Journal — which I may Say will not Appear till the latter 
end of July 1746. y*^ day Appointed for your Executing the Deed to 
us — notwithstanding, as you was about making Sale of your Riglit to 
us. they would Comply, upon Condition that the Assembly might 



240 CHAKTEi; RECORDS. 

have the Jiight with y* Gov' & Council to dispose of the Lands, to 
which y'' Clov'' & Council would not agree to, but insisted, that the 
Disposal of the l^ands should be, by the Gov"^ & Council as usualy y'^ 
Lands in this Province had been granted — which Controversy was 
never Settled by y® Council & Assembl}- and you may remember at 
the Conference we had with y** Committee when they propos'd to 
buy of us, for y*^ Sum we gave you & our Charges, when the Ques- 
tion was put whether we would acce[)t of their Offer ; the first who 
answer'd, said, in (^ase the Government, meaning Gov' Council & As- 
sembly, were agreed by whom the Lands should be granted he was 
ready to Accept of their Offer, which was generaly Consented to — 
for it was easily conceived what would be the Consequence of that 
Assembly's having an equal Right with (tov' & Council in the Dis- 
posal of the Lands, from their Temper & Disposition in other af- 
fairs about that time — for it was very unlikely they would have 
agreed amongst themselves, upon the proportioning y" Quantitys to 
each Town ; and then, upon the Objects of their favours : which 
doubtless would be to those only, who would in Return, give them 
their Votes at the next Election ; which Power was never intended 
to be lodged in the hands of Representatives, which reason was 
Sufficient of it Selfe to hinder our Selling to them in that manner ; 
without Considering the Expence the Province would be at, for the 
time that would be Expended about the Grants, which it's very 
likely to be expected, would be long if ever before they would be so 
framed that all the Branches would have Concurr'd, so that the land 
would probably lay unimproved for many years, besides many other 
Inconveniences to the Province. — In dayly expectation of an Answer 
or a deed pie[)ared for us to Execute fram'd agreable to the Result 
of y® Conference, which was agreable to y*^ opinion of two branches 
of y® Court, (viz') Gov' & Council. l)ut the first thing we heard, was 
a Rumour Spread thr(j' y® Government, that we had bo't a Bargain 
out of the hands of the Government; attended with many malicious 
and vile Aspersions, very indecent in themselves, and as unbecome- 
ing the Authors — As most or all of us who made y" Purchase had 
either in a publick Capacity or in a private way endeavour'd to in- 
fluence y" Assembly to comply with m"" Thomlinson's Agreement 
with you, yet we tho't it expedient in a more express and publick 
manner to manifest our Disposition upon that head ; which we did 
by Signing a memorial to the Committee of y*" Gen" Court on Sepf 
4'" 1746 — Setting forth what had been transacted about your Right 
Since m"^ Thomlinson's & your Agreement, to y® time of our Con- 
ference with y® Com'*^^ and adding that we expected for about a 
month, that they would have pursued that part of the Vote of y^ 



MASONIAN PAl'ERS GENERAL. 241 

Gen" Court that related to their taking tlie Advice of Gen*^'" learned 
in y** law aboiil proper Instruments to be drawn, for us to Execute, 
to Convey to the Province, what we had purchased of yon ; which 
Deed we had neither Seen or heard of, — also obviating that ground- 
less Censure, by Stating y® facts of their own Conduct, and reciting 
our Quit Claim &'" &' concluding that we were ready to Execute a 
Deed for our Remaining Interest in the Premises, in the same man- 
ner as we received it. and for the Same Sum we gave you for it, and 
our Costs attending the Same ; provided it be done within one month 
from y* Date of y^ memorial ; and y^ Deed so made as to convey y® 
land to the Government, to be granted to Such Inhabitants as y® 
Gov"^ & Council shall grant Charters to ; & excus'd y*^ Limitation of 
one month because sundrys were to be obliged in y® Premises as 
they had applied which Memorial was read at Council boaid & Sent 
down to y® House, & read there — which happen'd within a day or 
two of it's date — after which we hear nothing from y* Gen" Court 
upon y® Affair till the 8^ dece"" when the}^ alledge in a preamble of 
a Vote y' they had Appointed a Committee on y' 19"^ Sept'' to join 
with such as should be appointed by the Council to purchase said 
Claim, agreable to y*^ former Report of a Com**'' but were prevented 
by y* Surprize of y" Report of y'^ French Fleet being on y* Coast ; 
and a Prorogation of y^ Court, before y' Vote was Compleated — but 
on y* S*^ 8''' day of Dec'' A Committee was Appointed to prepare and 
get Instruments drawn to be laid before y" Gen" Court 

On August 20"' 1747, a Deed was Voted to be offered us to Sign, 
which had been read once and again in the house & which was 
Concurr'd by the Council The Deed was prepared about y*" middle of 
may 1747 — and lav in y® Files of y® house till Aug: 20"' aforesaid, 
about which time y* Committee offered it to us, as what was pre- 
pared by the General Court, for us to Execute — the Purport 
whereof was, for us to Convey to two Gent™ as Feoffees in 
Trust for and in behalfe of y" Inhabit'* of this Province all our 
Right Estate Property Possession &^ by virtue of any Purchase 
of you made &'' Situate within y^ bounds of — beginning at y® mouth 
of Piscaf* River and Sixty Miles up into y® Countrey so along y^ Sea 
Coast towards Merrimack River untill it comes to y*^ Boundary Line 
between Mass* & New Hampsh"' then running up the Country till 
Sixty Miles be finisli'd, then a line across to y® End of y^ first Sixty 
Mile line — the Form of this Deed was Debated in the House and 
y^ Objections propos'd which we might make; notwithstanding 
which, a Majority voted it to be the form in which they would have 
us make a Conveyance : the Council might pass it, and in Complais- 
ance to y' Assembly and Committee, without Examination ; we bor- 
16 



242 CHARTER EECORDS. 

row'd y® Deed of the Committee to peruse in order to give them an 
Answer, before I observe to you y^ Effect of that Deed & the Result 
of y® Proprietors upon it, I Will take some notice of our Quitclaim, 
which you may Remember was Executed bj?^ us, immediately after 
your Deed of Conversance was Executed & Acknoleged ; least 
any Accident should prevent our good Intentions to the publick — as 
we Esteem'd your Title to y*^ premises to be good, and your Conve}"- 
ance regular and firm — we reserved in y® Quit Claim, or rather 
did not include any Rights we had by Grant or Purchase of any Land 
or Estate within the Bounds of your Deed to us, but left it to Depend 
upon that Title w^e purchas'd of you and ver}^ early Care was taken 
to have y® Quit Claim recorded in The Province Records, even before 
your Deed was recorded of which y*" Members of y® Assembly well 
knew by perusing it on y® Record as Soon as it was Recorded, which 
was within a short time of it's Date, and Copies wei-e taken of it — 
so that our Quit claim was well known, at least to y*' Assembly — 
Upon Reflection of the Conduct of the Assembly about the affair 
from it's being first Communicated to them by his Excellenc}^ and 
your Appearing to Comply wath your agreement, and also y' Sollici- 
tation to have them make the Purchase for y'' Government; their 
Neglect & Silence upon it, and even, when they seem'd most anx- 
iously concern'd about y® Purchase, as to lay aside all other Buisness 
for Several days, and to pass Votes, and a[)point Com'ittees to treat 
with us, and prepare a Deed for us to Execute, and even Send their 
Committee to us with the Deed to be executed ; yet in all their Con- 
cern to Serve y* good People of the Province — never voted the rais- 
ing a Penny of Money to pay us the Consideration, they propos'd to 
give — which by y® way was more than halfe as much again than the 
Sum you would have Sold it for to them — so that were we So Stupid 
as to Sign their Deed they brought us, they had not a Shilling to pa}'- 
us for y* Consideration we gave, & the Charges ; and then Consider- 
ing the Force of the Deed which was tendered, which had we Exe- 
cuted, we had Conveyed to the Feoffees in Trust for the Use of the 
Inhabitants of this Government, all our Estates of Lands and Appur- 
tenances, we any of us held within the Province, unless any part 
could be preserved by a Tenure of Sixty years Possession, before y'' 
Executing of the Deed — and you are not insensible That Many of 
your Purchasers had valuable Estates in out Lands by Grants from 
Gov"^* and Councill of this Province, or by purchases, which could 
not prescribe more than thirty years Possession at most, and a great 
Quantity not So much ; so that after we had given the People in the 
Province all our Right to their Estates, which we might have recov- 
ered from them by virtue of your Title; and Quieted them in their 



MASONIAN PAl'ERS GENERAL. 243 

Possessions, wliicli they could legaly hold otherwise ; in Return for 
that sjjood Service the (loverniiient would Strip us of all our Estates 
within y' Province, had we been so coni[)laisant as to have Executed 
the Deed they had prepared for us — which last Transaction of y® 
Assembly, for there it was contrived, bro't us to a Resolution of what 
must be their Disposition — viz' considering their other Behaviour 
about the Affair ; that they would not ])urcliase of you or us ; So that 
the Gov*" ilv: Council shoukl have the Granting of y'^ Lands, but would 
run y-' Risque of y*" People of y* Province becoming Tennants — per- 
haps to their Good Friends in the Mass'^ and Seem'd to be So bent; 
& their framing Such a Deed which bring's us to this Premunire — 
that if we would Still persist in Endeavouring to Serve or gratify 
y'^ Government in Selling the Right We bought of you, for y* sum 
it cost us & Charges, it Shall be at the Expence of our Estates ; or 
the Obstacle such, y' if we had not lost our Senses, we would not — ■ 
So we concluded that we w^ould give the Assembly No further trou- 
ble about our Right, but dispose of y^ Waste Lands as we should 
thereafter agree — I don't recollect any remarkable Occurrences about 
the affair, but that y^ three Branches of the Government were not 
pleas'd with our holding y* Right, but that most of y*^ Councill and 
his Excellency were determined to make Grants of three Townships, 
all contiguous; to Inhabitants of Dover & Durham — joining upon 
Rochester, y^ nearest unimproved Lands not included in our Quit 
Claim, and very valuable ; they proceeded so far as to give orders to 
have a Survey of y'' Townships and Return of a Plan to draw the 
Charters by, which I beleive was Effected so far, that the Charters 
were about to be accomplished ; had not two of the Members of y^ 
Councill entered their Protest against the Proceeding & Some other 
Attempts, to grant the waste Lands within our purchase; y' we 
found it was high time for us to get into Some Situation wherein we 
might take some method of Securing and improving our Interest in 
the Waste Lands — accordingly concluded upon forming ourselves 
into a Propriety, for which as there is no Law of y* Province direct- 
ing how it Should be i)erform'd. We took the Method which had 
been us'd in the Government upon Such Occasions, which was, by 
ever}"- purchaser's Signing a Notification to meet at such time & 
place, to transact Such Things, as Specified in y*^ Notification w''^' 
was done, and the first meeting was held on y' 14'^'* May 1748, and 
repeated to this time — before which, and Since, we received Many 
Applications from Societies within, and some without, the Province 
for Grants of Lands for Townships, and Confirmation, of former 
Possessions of particular Tracts; and as we were sensible of the Op- 
position of his Excellency & y*^ Council to our Right in y^ Waste 



214 CHARTER RECORDS. 

Lands, which very much Discouraged our Improvement & Settle- 
ment, it's being so publickly known ; we were obliged, in a manner 
much to y^ Disadvantage of our Interest, to endeavour to make our 
Right as popular as we could, to prevent y'' Inconveniences of y® 
Powerful! Influence of those Branches of Authority, with the Assem- 
bly, against us, and the general torrent of a Disaffected Populace, 
w'^ would very much affect our Interest both among our Province 
People, and those of y** Mass% who claimed many Townships by 
Mass* Grants; that we encouraged Such Applications, and engaged 
to make Grants upon easier Terms, than y*" Government would make, 
so that the Petitions have exceeded, what was in our Power to gi-ant, 
and as it happen'd there is in y*^ Superiour Court's Office Several 
Cases filed ; that were tried here upon your Title, which furnished 
us with Such Evidence of Mason's Right in the Premises, y' we were 
able, as Opp** off'ered, to Convince most people that Applyed, of the 
Validity of our Pretentions in it, and I believe is generaly So 
esteem'd, that even those People, who had the general Vote of y** 
Gov"^ & Council for the three Townships upon y'= head of Rochester, 
have Since Petitioned us for our grant of those Townships, asserting 
our Title, in their Petitions, and in Complaisance to y* Gov'' & 
Councill we made them their grants, as they were directed before to 
Survey the land, and they have taken no Charter from Gov'^ & 
Council Since our grant — but in virtue of it are going upon y® 
Settlement of their Respective Tracts — so that with much trouble,, 
and Detriment to our Interest, we have got over the most popular 
Objections, occasion'd chiefly by the Opposition of those Authorities ; 
which Seem's to be with Some Inconsistency, consideiing, the 
Recommendation, Concurrence & Assent to the purchasing of you, 
and afterwards, frequent Transactions in Respect to the Purchase of 
us — which might have been accomplish'd upon their Own Terms, if 
they would have agreed among themselves to do it — and rather 
think a little Acknolegenient might have been expected for our 
Quit Claim, by the Guardians of the Publick, for Such a Benefit but 
in its stead we met with all y'' Opposition they could make — whether 
his Excellency's appearing to Oppose us was real, or political, you 
ai'e capable of Judging, I would encline to think y^ latter — and as to 
v*" others it appear'd to be from a malignant invidious Disposition, 
which I hope will not rise to any higher Degree, but rather Subside; 
without they should have Power & Opp° to Defeat us — We have 
Accomplish'd eight grants for Townships, & Some more, near the 
finishing, and many more engaged. Some of the grants are made of 
y'' land which y^ Mass" had granted about the time y*" line was about 
Settling, and Some within what was granted in this Province, called 



MASONIAN TAPEHS GENEItAL. 245 

Kingswood — , tlie Terms of y* (Jiauts are only a gradual Settlement 
of y*' Townships a longer or a shorter Space for complying, as y land 
is near or Kemote from Settled Towns & reserving three Shares for 
publick uses for y" Town Such as for y* Ministry and School — and 
each of y^ fifteen Proprietors an equal Share, to be drawn for by lot 
in Common with y*" others, and to be exem]:»ted from any Charge of 
Settlement, till disposed of, or improved upon by y'' owner — and two 
other Lots which were design'd for y* Lawyers, for tiieir aid and 
Assistance in all y*^ Proprietors Affairs — the Tracts of land to con- 
tain Six miles Square, to be divided into one hundred shares ; one 
or two of y" first grants to be divided into eighty shares. Reserving 
all white Pine Trees fit for masting y* royal Navy, which are granted 
to his Majesty his heirs & successoi-s, inserting many necessary Con- 
veniencies for y'' Benefit of y^ Township — and in Case of any Law 
suit about y* Title to y* Land, we have warranteed so far as to be at 
the Expence of Carying it thro' y* law to final Issue — when, if we 
loose, we loose our Expence & Right, & y* Persons we giant to, 
loose their Labour — in all the grants we have made, wdierever we 
understand any persons live upon \^ Spot, or have made Improve- 
ments thereon, if they will make Application for it, we confirm their 
Improvements to them, and not give them to others — upon which 
Account we have had Application from Several of the Mass* Gentle- 
men, who had land granted by the jMass'\ or purchas'd Such Grants 
— and we have also had whole Town-Proprietors, of Mass^ granting, 
to make Application, but how far they will prosecute their Applica- 
tion, their own Necessity will Determine, w'^^^ they will doubtless 
withdraw, if theA^ can be Satisfyed, by this Government, to with- 
stand our Right, to Effect or be Supported by y* Mass''^ in opposi- 
tion, so as to preserve a Right to get Possession & Improvement of 
y* Lands — which are Scarcely improv'd upon, or but little in many 
of y* Mass*"" Grants, for which their Gen" Court had very nearly 
granted a large Sum of Money to maintain their Rights to, in Oppo- 
sition to our Claim — It is very ]n'obable Some Society or person will 
put us u])on the trial of our Title to the Premises, if you can Recol- 
lect any kind of Evidence that will be of Use, which you can get at 
Home, as you are upon y*^ Spot, you might do Service in procuring 
of it ; I don't at present think of any thing to Recom'end to your 
procuring, unless a proper Certificate or Evidence of 3'our Ancestor's 
taking upon him the name of Mason, by Authorit3% if Such Author- 
ity is necessary & projier for it, also if you have a Co])y of Cap' 
John Mason's Will, to take Advice, if all y* Devices are regularly & 
properly made. So as to abide y" Test of y* Law — Considering our 
Intention and Benefit to v* Publick of this Province, in our making 



246 CHAllTEK RECOflDS. 

the purchase of your Right (as you was deterniin'd to Sell it if we 
had not purchas'd it) and giving a Quit Claim to all the Lands any 
person in y'' Province could pretend any legal Right to (except y*" 
Grantees of Gilman Town & Kingswood) and have Since y* Quit 
Claim, granted & engaged to grant Several Townships to y' Inhabi- 
tants of every Town in y" Province that would apply for Grants, 
which are for one, two, or threB Grants of Tracts of Land, for Town- 
ships to the Inhabitants ot every Town, which could expect a Grant 
from the Government — and also to other Inhabitants of Towns less 
Settled — upon which Consideration, and the Difficultys and incon- 
veniencies occasioned by the Government — The Expence of Time &c^ 
Spent in the Affair of receiving Applications, & upon Seeking after 
information of y*" particular Tracts to be granted and preparing and 
making y*" Grants &c &c &c There is an Expedient whereby we 
might Serve ourselves very much without Injury and injustice to any 
body — That is, 

[Here the document suddenly ends. Tlie last leaf bears the fol- 
lowing notes :] 

mem'' of N° Towns granted 

N: 6 : y« first meets of Prop'"'' held May 14"' 1748 
1748 Dec'' 3'' the first grant of a Township — to Tho* Packer &c 
2. Starks Town 3'^ grant to Jn" Sanborn & others — 4 grant to 
Palmer &c 5 Hillsborough — reserved only 1700 Acres 6 Peter- 
borough 7. to Gershom Down &c 8 to Eben'" Varney &c 9 Jon** 
Chesle &«« 10 to Nath^^ Gookin &°« 11 to Ich*^ Roby &«^ 12 to Eben"- 
Stevens &c 13 to Abr* Perry &c'' 14 to Rich'' Jennes &c'^ 15 Henry 
Mellens &c 16 to Edmund Brown &c'' 17 Gilman Town 18 Jn" Mac- 
Murphy Esqu"" &" 19 Contoocook 20 Salem Quit Claim no reserva- 
tion 21 Wolfborrow 22 Souhegan West Quit claim no reserv^ 23 — 
Bedford 24 To Marston &c' 25. to Coll° Stodderd &c 26 N« 1 27 N'' 
2 28 Peterborow slip 29 north Manadnock 30 Middle manadnock 
31 Manadnock n° 5. 32. D° N° 6. 33 D° N° 7 34 new Concord n° 8 
35 — Dantzick 36 Dantzick 39 Heidlebourg 40 Alexandria 41 New 
Chester. 42 Lyndsborough 43 Ipswich 

[Endorsed] Private Papers belonging to Geo. Jaffrey Masonia 

[The following names in the above document have the word 
"Tax" written over them: Tho's Packei-, Starks Town, Henry 
Mellens, Contoocook, Salem, Souhegan West, Bedford, Lynds- 
borough, Ipswich. — Ed.] 



MASONIAN PAPERS GENERAL. 247 

[Thojuas Packer's Protest, March i, 1748-9.] 
[Masonian Papers, Vol. 1, p. TO.] 

Prov'' of I At a meeting of tlie Proprietors of the Lands 

New Hamp"" \ purchased of John Tufton Mayson Esq in the Prov® 
of New Hamp'" at the Dwelling House of Sarah Prust widow in 
Portsni*^ in Said Prov® on wendsday the Second day of Novemb'' 
anno Domini 17-48 Pursuant to Notification of the 28"' of October 
last past — 

To the (Tcntlemen Proprietors of the Lands purchased of the above 
named John Tufton Mayson Esq I do hereby object and Protest 
against and discent from an}"^ Grant of Lands that you shall make to 
any person or person that lyes to the Eastward of merrimack river 
from the south west corner of Canterbury down the river Southward 
and I do likewise object and Protest against and discent from any 
grant you shall make to any person or persons of the Lands that 
lyes to the westward of a Place called New Boston and to the west- 
ward of a Place called Hales Town and to the Northward of a Place 
called Salem Canada and to the Northward of a Place called Peter- 
borough and to the southward of a Place called Number Six and to 
the southward of Two other Towns called Number Seven and Num- 
ber Eight number seven being generally called Hilsborough and the 
Said Lands between those Towns to run Westward So far as 
mayvsons Clame runs The reason of this my Protest and Discent is 
because I am Determined not to part with tlie Interest I have in 
those Lands, and I desire that this my Protest and Discent may be 
Entered on the Proprietors Books — 

Tho» Packer — 

Portsmo march V 1748/9 



\_Pou'er of Attorney to Jackson, Livermore, and Parker, 'June 14, 
1749.'\ " 

[Masonian Papers, Vol. 1, p. 83.] 

KNOW ALL MEN by these Presents That I John Tufton Mason of 
Portsmouth in the Province of New Hampshire in New England 
p]sq' Do by these Presents Constitute & appoint Clement Jackson 
Matthew Livermore & William Parker all of Portsmouth aforesaid 
Esq""** & any two of them to be my Attorneys for me & in my Name 
Stead & use to Suffer Sue forth ])rosecute finish & perfect a Com- 
mon Recovery or Recoveries one or more of any Lands or Tenements 



248 CHARTER RECORDS. 

wherein I am or shall be Interested & Concerned as Tenant in Tail 
General & S])ecial or either of them and for that puri)ose to make 
Sign Seal & Execute in ray name & Stead any Instrument or Instru- 
ments of Conveyance to make a Tenant to the prcecipe or otherways 
necessary & proper to be done in Such Cases and to bring forward a 
proper Action or plea for that purpose in any Court having Legal 
Jurisdiction & Cognizance thereof & there in ray name & behalf to 
appear Enter into the Warranty & Vouch to Wari-ant any Person as 
Occasion Shall Require & to Sue forth a Writ of Seizin thereof or to 
Enter into & take full Seizin & possession of Such Lands and Tene- 
ments and Generally to Say do Act Transact Accomplish and per- 
fect one or more Common Recoveries according to the usual method 
& Course thereof for the Assurance of Lands & Tenements and do 
act & perform every matter & thing whatsoever necessary & proper 
to be done for that End And also to raake Sign Seal & Execute any 
Deed or Deeds of Conveyance of any Such Lands (after perfecting 
the Recovery or Recoveries thereof as afores'^ for the Docking &, 
Cutting off any Such Estates Tail & Reraainders in Tail) to Such 
Person or Persons as I Shall hereafter Direct to hold to thera & their 
Respective Heirs & Assigns or to any Such Person or Persons as 
they my Said Attorneys Shall think proper to hold to Such Person 
or Persons & their Respective heirs & Assigns in Such Proportion as 
they my Said Attorneys shall Judge proper I Hereby Ratifying & 
Confirming whatsoever my Said Attorne\^s Shall Lawfully do or 
Cause to be done in & about the premises — In Witness \vhereof I 
have hereunto Set my hand & Seal the fourteenth Day of June 1749 
and in the twenty third Year of his Majesty's Reign — 

Jn° Tufton Mason [seal] 
Signed Sealed & Delivered 
In presence of us the following 
words being first Interlined 
viz To my said Attorneys^ to 
W™ Keeling 
Jos: Newmarch 

Province of ) Jnne 15"' 1749 then the above named John Tuf- 
New Hampsh'' ( ton Mason Esq'' personally appearing acknowl- 
edged this Instrument to be his free Act & Deed Before me 

Jos: Newmarch J® Peace 
[Endorsed] 

Reed 11"' April 1753 D Peirce Rd 

Prov® of New Hampsh"" 
Recorded Lib. 40. Fol. 364 
Exam'd — D Peirce Red 



MASONIAN PAPERS GENERAL. 249 

'[Lettei' from Joseph Blancliard^ June 2^, 1740.^ 

[Masoniaii Pii[)ei's, Vol. 1, p. 85.] 

Gentl'" 

Cap' Goffe Attends You on y*^ Great & first Grant I Intreat in 
the Behalf of my Neighbours y® Greatest Dispatch that they may 
return to their Buisness Gap' Follensbys Lot as Coupled the Prop''* 
this way are Content witli ; ]\P Blodgetts Affairs I have negotiated 
to his & 1 ho[)e to Your Acceptance ; & desire your Favour on his 
behalf that it may be finished According to his Old Bounds which 
Cap' Gort'e Projects — 

Cap' Shepard will be with you for his Grant — There my Honor, 
is pawned on your behalf Doubt not 3'our Justice to him — M"" 
Simonds by Wliome I Wrote this day is the most Notable Sufferer I 
Shoidd be Glad if your Invention from y^ Com'on or Else Where 
Could Quiet him, M'' B^odgett has Purchassed Will"' and Robert 
Reads Rights to One of Which let his Farm be put — I Shall Soon 
Wait on you at Ports", and in the mean time make needfull En- 
quirys , 

I am Gent" with Great Respect " 

V'' most Obed' 

June 26'^ 1749 ^ J Blanchard 

To the Prop'^* of Mesons Grant 

P. S. if an}" of Cap' Blodgets Children, Other than the Present 
Actor, (Seth) Should Clamor & be troublesome Which '^haps you 
may meet with I know the Circumstances, And will be Answerable 
for the Justice of his Covering the farm, And no Disadvantage to y* 
prop'y 

Y'^ ut Supra J B— 



[Motion for Amendment of Writ.~\ 
[Masonian Papers, Vol. 1, p. 86."] 

Province of ) Be it Remembered that on the first Thursday 
New Ham])'' \ next following the first Tuesday of September being 
the Seventh day of the said Month in the Twentythird year of the 
Reign of our Lord the King that now is, Comes into Court of Com- 
mon pleas of our Lord the King for said Province, John Tufton 
Mason of Portsmouth in said Province Esq'' by Clement Jackson, 
Matthew Liverinore & William Parker Esq"* his Attornej^'s & Give 



250 CHARTEll RECORDS. 

the Court to understand and be informed that the said John, Here- 
tofore viz*^ on tlie first Thursday next following the first Tuesday of 
June in the Nineteenth Year of the Reign of our said Lord the 
King, Prosecuted a Common Recovery in the said Court for the 
Docking, Barring & Cutting off all Estates Tail & Remainders in 
Tail of and in all that Tract of Land Heretofore Called & Known 
by the Name of the County of New Hampshire or New Hampshire 
Lying & being within the Province of New Hampshire & Contain- 
ing one iiundred Thousand Acres more or less Bounded & Discribed 
as in the Writ of Entry on Dissiezin in the Post by him Sued forth 
for that Purpose, which Recovery at the said Term of the Sitting of 
the said Court was finished & Perfected According to the Usual 
Course of Prosecuting Common Recoveries, for the Assurance of 
Lands & Tenements, in the said Court and Afterwards Executed by 
a Writ of Habere Facias Seisinam duly Served & Returned as by 
the Records of the said Court of the Term aforesaid there Remain- 
ing may at Large Appear, That in the Writs of Entry & Habere 
Facias Seisinam as well as in the Deed to Lead tlie uses of the said 
Recovery there was an Error Committed & Mistake made in the 
Discription & Boundary of the Premises on one part thereof. That is 
to say in the said Writs & Deed the said Boundary Runs from the 
mouth of Piscataqua River along the Sea Coast to the Distance of 
three miles North of Merrimack River & Runs Parrallel with said 
River at the Distance of three Miles to the head thereof & from 
thence Westward till Sixty miles are Compleated &c Whereas the 
said Bonndarys should be & have Run in Manner & form Following, 
that is to Say Begining from or at the Middle part of Naumkege 
River & from thence to proceed Eastward along the sea Coast to 
Cape Ann and Round about the Same to Piscataqua Harbour & so 
forward up within the River Newichewonnock & to the farthest 
Head thereof and from thence North Westwards till Sixty miles are 
finished from the first Entrance of Piscataqua Harbour and also 
from Naumkege Through the River thereof up into the Land West 
Sixty Miles from which Period to Cross over Land to the Sixty 
Miles End Accounted from Piscataqua Harbour as aforesaid, and 
the said Writs & Deed Should also Contain the same Exemptions as 
therein are made — Wherefore the said John by his Said Attorney's 
Humbly moves that he may have a Rule & Order of this Court for 
Amending & Correcting the Mistake & Error aforesaid and making 
the Discription & Boundarj^'s in the said Writ of Entry, Writ of 
Habere Facias Seisinam & Deed and all the Process of the said 
Recovery and Records thereof Agreeable to the Boundaries herein 
Last Mentioned and Set forth as was Intended & Designed by the 



MASONIAX PAPERS GENERAL. 251 

said John to have been done in the Prosecuting, Perfecting and 

finishing the Recovery aforesaid — 

Clement Jackson 
Matthew Liverniore 
William Parker 

Which jMotion being Read & Precedents Produced in Court of 
Such Amendments as are therein Mentioned having been Granted 
to be made and the Court having duly Deliberated & Advised 
thereon It is considered by the Court that the said Motion be & 
hereby is Granted and that the Amendment prayed & Moved for, be 
made in the Original Writ, the Writ of Habere Facias seisinam, 
Deed to Lead the Uses and all the Records and Process of the said 
Recovery in as Large, full & Ample Manner as is above Requested — 

Att H Wentworth Cle-" 

A Copy of Record Examined by 

N Emery Clerk — 



\^Letter from John Tufton Mason, Sept. 15, 1749.^ 

[Masouian Papers, Vol. 1, p. 88.] 
Gent/ 

This to Acquaint You of My health hoping You all are allso 
Well, & Diligent in the Province affair So far as Relateth to our 
Propriatorship Every Body here Speaks Well of our Scheeme Last 
Weeke My Great & Good Patron (The Earle of thanett) Came to 
town & Imediately Sent for Me & Rec^' Me With the Utmost affec- 
tion & Kindness Uppon My Relateing the affair to him he hyly 
aprooved of My Management, and Wisheed all the Success Posseble 
to those Concerned. With JNIe and that If he Could be of any Service 
to the affair he Would at any & all times apear for Us adiiig that 
We Were Quite Right in Distributeing the Land our Selves With- 
out the assembly' assistance as it AVould have Been a great Charge 
to the Province & an Uneqnall Divition to the Poor ; he thinks it 
Would be of Great Service for the Propriators to Send Yearly a 
Shij) or More to the North of Ireland for People to Setle our Land 
as they are Industrouss People, assoone as 1 heare there is a Setle- 
ment begun I Shall aply to him for a Minister to be Mantain'' oute 
of the fund for Propagating the Gospell in foraign Parts, if You 
thinff it advizable, he Being: one of the Chiefe Comisioners for that 
End I Pray You" Kepe Me all ways Well advized, of Your Proceed- 
ings, and as the Letters Will Cost Much Postage I Desire You Will 



252 CHARTER RECORDS. 

Incloose them Under Cover (To the Right Hono''''' the Earle of 
thanett) Whitch Will frank them and Cause them to Come Safe My 
Lord is gone Down into Kent a few Da3^s ago I Shall follow him 
tomorow as he Insists on My Living With him While I am In 
England & tells Me I have No ocation to Spend My Money fo 
Lotiging & Dyat While he has a honse, Whitch I think Kind and 
Shall Accept off he farther Says I Shall be Provided With Some 
Post before Long that Shall Make my Life Easey to Me M'' Thomlin- 
son Wonders that You Dont Send the Plan & Proceeding home & 
So Do I my Selfe because You Know that I Was So Short a Time 
With You that I am Ignorant of the Greatest Part of What has 
been Done, I have the Pleasure to Inform You that there is No 
great Danger of any Body Mollesting Us in our Possession, Pray 
Send the Copy of My Case Drawn by M'' Sharp and the atturney & 
Sollicetor Gen" opinion In Casse anything Should Start, I Shall Not 
Come to New England this Year I hope & Expect You'^ Reserve as 
Much Land oute of the New Deed as Will Put Me on a footing 
With a fiveteenth Part as I Was oblig*^ In honour to Part With a 
80"' to Comply with My Word, and as there is So Much More Left 
Yet that Was Not in the former Deed, if You find any thing in My 
absence that Will Want My Imediate apearance I believe it will be 
Proper to Send Me a Power of aturney In Conjunction With M' 
Thomlinson, he, as allso My Lord thanett Says that the governour 
had Beter be Easey than to Mollest us in the Least, M"" thomlinson 
is allso Much Pleased that We have Not forgot him as a Propriator 
the great Noisse of M"" Royall Coming Governour is all a Gasconad 
for the Gentleman M"" Bethell Would Not Stir in the affair & if he 
had It Would hav had no Effect the affair with y" governour & y® 
assembly being over, as Supoass they are Convinced by this time, 
there is a Dam*^ Noyce aboute the Governours treatment to Cap* 
Sherburne and Major Gilman at all the Boards & My Lord Halifax 
& the Secretary at War, have Express'^ them Selves Very freely on 
that Subject, in faifour of them So has S"" Peter Warren in So 
Mutch that they" get the Pay & Not the Governours Sons, I am 
Very Sory that Such an Unguarded Step Was taken by the Gov- 
ernour otherwise it would have Been Very Easey for My friends to- 
gatlier With his, to have got him Massachusetts In order to Make 
Way for Me in Newhampshire, allthongh : My Lord thanett Says it 
is Not Worth his asking for Me, on Account of the Income, but he 
thinks it Will be of Infinite Service toward our Carving on our 
Setlement & he has Promissed Me that I Shall have it, in Casse any 
thing Should hapen M"" Wentworth So that I think I Shall be Pow- 
erfull Enough for M'' Royall & his Interest & Now Gentlemen as We 



MASONIAN PAPERS GENERAL. 253 

are all as one Man With llegard to the Propriaty I thiuk We ought 
to be as Secreet In ou Private Conlahulations & advizes as though 
it Were in a Well Constituted Lodge ot' Masons for Whitch Reason 
I Desire that these thing I have Wrote You May be a Secreet 
amoungst You, as it Can be Service to Let others Know it : I Know 
You all to Be Gentelenien of Honour or Should Not have Created 
You Lords: Nor Laid My Selfe ojjen to You I Should be Glad of 
Your Opinion of What I have hinted assoone as Convenient Jn the 
Mean time 

I am Gen' 

Your Hm'*' Serv' 

Jn° Tufton Mason 

P S John Husk Lays Down With the Small Pox but Lik ta 
Recover 

J TM 
London Sept^ y« 15"> 1749 

To the Right Honob'® the Lords Propriators of New Hampshire 
these 



\^Story of the Purchase from Mason.'\ 

[Masonian Papers, Vol. 2, p. 82.] 

S'' Being at Boston in the Winter I tho't there was reason to Sus- 
pect that design was attempting against y" Propriety of Masons 
Right, and to be effected at Home Soon wherefore I took occasion 
on the 1*' of February "^ y* Bethel Frigate Cap' Ross to give you a 
Breaf Acco' of y*" Scituation of our Propriety Affairs, and Should 
only Send you a Duplicate ^ this Opp" but not knowing of your 
being particularly inforni'd of tlie Proceedings upon Mason's "Right 
Since your Agreement with Cap' Mason in Lond" April 1730 — I now 
endeavour to give you the State of y" whole Proceedure since y* 
Arival of that Agreement here to this time — You being Sensible of 
the Right Cap' Mason had to the T^ands of this Province as far y^ 
Patent Extends, and how Expedient it would be to the Wellfare of 
the Inhabitants to have that Riglit rest within the Government, and 
how prejudical it might have been to be lodg'd elsewhere a weighty 
Inducement of your Obtaining that Agreement with him, and upon 
Such easy Terms, that your good Service in the Benefits to be pre- 
serv'd and the Dan)ages that it might have prevented may not be 
easily rated — The first publick appear''" that I can find it made in 
this Government was the Governour's Sending it to the Assembly on 



254 CHARTER RECORDS. 

30*^ October 1744 for their perusal & Consideration on y® 9'^ of 
December following the Gov" Send's to y'' house to desire they 
would come to Some Resolve about y'' Agreement between you & 
Mason 

on y* first of Jan^ The Gov'' Send\s to y" House to know if they 
had Acted upon the Indenture between you and Mason — 

The next Notice taken about it, was a Memorial presented by 
Cap' Mason on y« 18*^ Feb^ 1745 to Gov" Council & Assembly Set- 
ting forth y" principal Articles of y" Indenture and Signifying that 
y'' term limitted for performance of y® Covenant had expired four 
years, & that he was within that time ready to Comply on his part 
and was then also ready and willing to comply, and requested they 
would come to a Determination concerning the Premises — 

Feb'' 22^* the memorial was read in Council and recommended — 
May 7'*^ 1746 in Council the memorial was read and Recommended 
again, and Sent down — the first Effect that I can Understand these 
Recommendations and Cap* Mason's memorial had in the House was 
a Resolution that his Right should not in any Respect be mention'd 
in y^ Journals of the house, tho' a Com'ittee was appointed to get 
Counsell upon it, w^'*" was rendered thus far, that it was the Opinion 
of y'' Counsell that Mason or y*" Heirs of Allen had a Right but most 
likely to be in Mason as no Act was known certainl}" to be pass'd to 
Dock y* Entail of y*" Patentee's Will w°'^ conveyed y'^ Right of y^ 
Premises in an Estate Tail — and Stated the Affair in a familiar Sim- 
ile — that the Government purchasing of Cap' Mason's Right to 
Lands in this Province on y' terms of j^our agreement Seem'd to be 
like y* Case of a Merchant who should purchase a Vessell and Cargo 
at a Small Expence to Send to a certain Place where if y'' Vessel ar- 
rived would make an immense Profit, but if should founder by y^ 
Voyage y® Loss would not be great — notwithstanding this and fre- 
quent SoUicitations of Persons without Doors, anything offered to 
induce y' Assembly could not have any Effect — Cap' Mason Waited 
upon y* Assembly After he Return'd from London in 1745 and 
offered to comply on his part with y'' Agreement but they took little 
notice of him y^ last time he waited upon them I think a short time 
before he had y" Common Recovery pass'd he declared he should 
then take their Silence for a Denial of complying with your Agree- 
ment with him and should not give them or himselfe any further 
Trouble about the affair if not soon determined he had in Return a 
disdainfuU Slight — I)i June 1746 Cap' Mason at his own Expence 
had a Common Recovery pass'd at y" court of Common Pleas to dock 
y" Entail of liis Ancestor's Will, and being determin'd to make Sale 
of his Right in New Hampshire which descended to him by that will 



MASONTAN PAPERS GENERAL. 255 

be generously offered to Sell it to People of New Hampshire before 
any others, from a just .Apprehension of y* pernicious Consequence 
the Selling it to our friendly Keiglibors would be to all y'= Inhabi- 
tants within a short time after y'' Process of y*" Common Recovery 
was Compleated Cap' Mason offered to make Sale of his Said Kight 
to Gentlemen whom he knew were Friends to the Prosperity of this 
Province or nearly related to Such & none refused to purchase of 
him, and of those Peisons I beleive every man in a political or pri- 
vate Capacity Sollicited the members of y'' Assembly to Comply 
with your Agreement with Mason. Cap' Mason being then under 
Order to repair to his Post at Louisbourg in a few days, hasten'd 
y* Coming to a Conclusion of the Sale of his Right, and a meeting 
was proposed at his Request to agree with him upon the affair, & 
when met it was propos'd to defer y'' matter, to See if y^ Assembly 
who were then Sitting would not comply with y* Agreement but 
Cap' oNIason considered y® length of time Since it first lay before 
them and more than a month after y^ Common Recover}^ pass'd to 
dock y* entail, and y^ disdainfull Usage his personal Applications 
met with from y*" Assembly that he was then Resolved to have no 
further communication with them upon y" affair so nothing further 
could be offered upon that head — there were twelve of ye purchas- 
ers present and it was proposed that you shou'd have a part equal to 
any of y® purchasers and Cap* Mason reserv'd an equal part for j^ou 
and an equal part Designd for Jn° Rindge and the Sum in Consider- 
ation of y*^ Sale was by halfe as much more than you agreed with 
Mason for y" Government, then the Form of a Deed was y® Subject 
of Consideration Coll" Atkinson was to have 1*^ conveyed to him one 
for himselfe & two of w^^ intended to be reconvey to Mason one of 
w*='' he design'd for you another for himselfe M H W — th f^ his own 
and for Jn" Rindge then a minor — the other ten parts to v^ Pei'sons 
named — it was design'd iS: proposal that many moi-e persons should 
be concern'd but y" different opinions about y* form of a Deed of 
Conveyance produced a Resolution of not Admitting any other per- 
sons, least a greater variety of Opinions should occasion a delay 
which Cap' Mason urged against as y'' Vessell he was to sail in to 
Louisbourg would depart in a few days and y*" necessary Buisness of 
his Family requiring his Attention, he desired y*" Quickest Dispatch 
to have y*" Deed Executed, upon which it was so concluded, and 
y* Buisness of y' Deed committed to three persons to get ])repared — 
it was at this time also Considered the Occasion & Design of our 
Making the Purchase of Cap' Mason — which were that the Govern- 
ment would not make y* Purchase tho' they might have had it upon 
So reasonable terms as is express'd in your agreem' and Cap' Mason 



256 CHARTER RECORDS. 

was resolv'd (in Case of their Compliance at this time to make 
y* Purcliase, that (as he could Convey his Right to people of the 
Province,) not to Sell to the Assembly, & that it was very unlikely 
if they should now resolve to purchase that the whole Legislature 
would agree in y* manner of y* purchase within y'^ short time he had 
to tarry, when the affair had laid so long under their Consideration — 
and if we did not conclude y* Purchase at that Instant, there was no 
other oppertunity of Saving Mason's Right in y*' hands of New 
Hampshire Proprietors, & Seing within four or five Miles in a neigh- 
bouring Govm' both an Inclination, & a larger Sum than we gave 
was ready to make y^ purchase, (and by v^diat I can have been in- 
form'd there was no Small Disapointment in being prevented of 
y* oppertunity) So that y^ the time of Securing mason's Right within 
this Province was bro't to that Point of time Noiv or never — there is 
no need of mentioning of how great importance and how great y® 
Consequence must then be thought upon by y^ purchasers to improve 
that critical hour of accepting Cap* Mason's offer, of buying his 
Right to y' Part of y* Province within his claim — & It was well 
known y'^ Advantageous Motive that occasioned your Agreement as 
agent to this Province with Cap* Mason to Sell his claim & Right, to 
the Lands within this Province to this Government, was to quiet 
y* People of the Province in a quiet & peaceable possession of 
their Lands and Improvements — however that Consideration was 
neglected by the Representatives of the Province when proposed & 
Recomended to them — it was a principal Design of y* Purchasers, 
in their private Capacity to give So much money to Save their own 
properties in any of their Lands granted, or purchased under 
y* (xrants made by this Government also of any persons hold: under 
those grants within all the Towns granted, by this Gi)vm', that had 
any Improvements made upon them, without any Reserve, of any 
unimproved lands within y^ Bounds limitted of each Respective 
Township that it was no Sooner mentioned than unanimously agreed 
that immediately after Mason executed a Deed to us of his Right we 
we would Execute a Deed of Quit Claim to all such Townships & in 
y* manner just befoi-e mentioned — and what improvements we 
might make of y® waste Lands within Mason's Claim was a Remote 
Consideration at that time. It was a few days after that we had a 
Deed drawn for Cap' Mason to Execute to us, a Copy of w*''* is in 
y* Case French v^ Follensby lately appealed home from y** Judgem' 
of Court of Appeals here to his Majesty in Council — which Deed 
being drawn when there was not time to enquire into y* best Bounds, 
within so short a time, that another Deed is executed to rectify that 
Error Extending y* Bounds and is viz' 



MASONIAN PAPEKS (GENERAL. 267 

You may See our Deed of Quit Claim liled in y' Said Case and 
that it bears even Date with Mason's Deed to us and that it was 
entered upon y'' Province Record before Mason's Deed, which Quit 
Claim Compreliend's every Township granted by this Gov'"' except 
two viz' Gihnan Town (So call'd) and Kingswood it was debated 
whether the former Should be included within y' Quit Claim or not, 
but it could not be made to appear that any improvement was made 
upon that Tract Since y Grant by y'' Gov'"' so was look't upon only 
as waste Lands and so excluded as- to y'= other Grant of Kingswood, 
every Purchaser propos'd having that omitted in y*^ Quit Claim upon 
two Considerations — That no manner of Improvement had been 
made upon any part of it and that it was most Extravagantly 
granted, (with Submission to y*" j)ersons who granted the Same) the 
Grant Was made by Govern'' B — r and a Majority of y"" Council at 
y*" finishing of y'' Session of Gen" Court when they Sat a Hampton 
Falls at y*^ Time when y'' Commissioners Sot at Hampton on y" Trial 
of y*" Boundary Lines between Mass^ & New Hampshire and it 
Seem's was calculated & Contrived to comprehend all the land 
between merrimack River thro Winipissiokee Pond to y'' nothern 
boundary line of New Hampshire joining upon y*" heads of y*" Towns 
before granted comprehending all y*" valueable Lands ungranted 
Avj^ich y*" {)rojectois desired should fall within y" bounds of New 
Hampshire — and Such a Tract, including all y" Couucill, except one 
Wjj^s granted to about fifty or Sixty persons & all but one of them 
of this Town and Some few Persons out of y*" Province — it was 
ge nerally understood that Gov'' B — r had an Instruction pi'ohibiting 
his making any grants of Lands about that time, but I think I heard 
y"^ Instruction was fi'om some one of y'' boards at home w'''' his 
abetters said had not Authority to Su|)ercede his Commission or 
Instructions from y'' King w''' impower'd him with y"" Council to 
grant lands &'^ — as this grant was made Silently and a meer party 
Buisness and generaly exploded by y^ people of y*" Provinqe we 
determined to leave that Grant out of y^ Quit Claim, imediately 
after our Agreement with Cap' Mason to make the Purchase &'' the 
Report of it got into y* House of Representatives, and then they 
tho't pro})er to Act upon the Affair and the time we appointed to 
meet Cap' Mason with a Deed for him to Execute which was July 
29"' 1746, P: M & to pay him y« money The Assembl}^ at that 
Juncture Resolve that forthwith y' Agreement made between you 
&."' & Mason be complyed with for y*" Benefit of y* Inhabitants of 
this Prov: and that according to Said Agreem' y^ s^ Inhabit'^ be 
quieted in their settlements agreable to y'' grants of this Govm* and 
y' waste Lands be granted out by y* gen" Assembly to y'' Inhabi- 

15 



258 CHARTER RECORDS. 

tants of s'^ Prov: as they shall think proper — & Sent up to y*' Coun- 
cil — & a Committee from y" Assembly y" Speaker being one came to 
us, before we could enter upon Our intended Buisness and 
acquainted us y' their coming there was from y^ assembly to speak 
with us and accordingly in a Respectfull manner they were intro- 
duced — and Soon declared their intended Buisness which was to 
inform Cap' Mason and us that they were a Com'^'' from 3* House as 
they understood that we had made an agreement about Selling & 
buying his Right &'" — and if we had not proceeded so far as Execut- 
ing y^ Deed and if we Consented to release our Agreement with 
Cap' Mason of his Selling to us The House would Comply with m"^ 
Thomlinsons Agreement w"' Cap' Mason — Cap' Mason only in 
Answer rehearsed when & what your Agreement with him was, the 
Governours Recomending it to their Complyance, his own memorial 
to them once and again to Comply with it, & Sundry personal 
Applications he made to them when lie could be admitted into y^ 
house — and y*" particular Slights they ])ut upon all his Applications, 
especialy the Ridicule made of his last Address to them when he 
was in y^ house & y* length of time it lay under their Consideration 
and then upon y* whole concluded With a Solemn asseveration y*^ 
he would not execute a Deed to them of his Right upon any Con- 
sideration whatever — which Application of y*" assembly & y* Con- 
versation between Cap' Mason & Comittee interupted y' Execut- 
ing our Deeds and we found Cap' Mason was Steadfastly Resolv'd 
to Continue his Determination of not Selling to y'' Assembly, it was 
two days after, that before we could Accomplish y^ Deeds & we 
seem'd so dilatory that he began to think We were falling back & 
talk't of others elswhere — The Assembly on y* 30"' of July' A. M 
Vote (agreable to their Resolve of y*" Afternoon before — ) a Com- 
mittee to Join with such as y^ Councill might appoint to treat with 
Cap* Mason ab' fullfilling his Agreem' made with m"' Thomlinson 
ab' Conveying the Right s'' mason Claims to this Province to y^ 
Inhabitants & to draw up proper Instruments in order therefor & 
imediately lay y'" before y* general assembly 

at which time two of the members beg'd leave to enter their dis- 
sent to y® vote & preceeding Resolve — July 31*' A: M: Three of y" 
Council go down to the house, "'and said they were directed by y** 
Council to inform y'' House that they had no material Objection 
against y® Resolve of y® house of y" 29"' Ins* and y^ Vote of y® 30"' 
Inst' in Consequence thereof except y" last Paragraph of y*' Resolve 
(viz') "and that y'' Waste land be granted out by the gen" Assem- 
bly to y'' Inhabitants of said Province as they shall think proper" 
for that Said paragraph was inconsistant with y® Constitution and 



MASONIAN PAPERS GENERAL. 269 

Contrary to his luajesty's Commission & Instructions to his Excel- 
lency y" (tov' nevertheless if y*" House proposes to purchase of Cap' 
Mason & afterwards address his Majesty for leave to dispose of said 
Lands to y*" people in that manner they were Content" — 

Aug: l*' The House vote a Com'"" to join with y' A Comitt^® of 
Council to Consult on y" properest & best method for y" Province 
to proceed in C'Dncerning Cap' Mason's Claim to this Province & 
make immediate Report to y" Gen" Assembly, the Council Concurr 
with y'' Vote and join four of their members in y^ Com''" to which 
y® Governour Assents and y" Secretarj^ reports to y" house that the 
Com'*® of Council were readj^ to go upon y" affair y* Same day Said 
Committee of y® Assembly Report in y" liouse as follows viz' ''Pur- 
suant to y" aforesaid Vote they had met and Consulted on y* 
Subject matter thereof & do report y' for Quieting y" good people 
of this Prov: & to prevent future Difficulties & Disputes it will be 
best for this Prov'" to purchase y* Said Claim for y® Use and benefit 
of y" Inhabitants of this Province if y" late purchasers will Sell it 
for y" Same sum they gave for it and Charges " which Report was 
Voted & Sent up for Concurrence and Concuri-'d by y" Council — 
and y" next day assented to by y" Gov*" — and then the house was 
advised of y" Same ^ y® Sec'^'' — upon w"*^ y® house Appoint a Com-' 
mittee to Join a Com'"" of Council "to treat with the Claimers, and 
if they will Sell on y" terms mentioned in Said Report, and conclude 
a Bargain with them agreable to said Report, and take advice of 
Gentlemen learn'd in y" law ab' proper Instruments to be drawn & 
Executed by said Claimers and get them prepared and ready to lay 
before y" Gen" Assembly at their next meeting & at y" same time 
make a Report of all their doings" Sent up and Concurr'd and a 
Com'^" of Council added — and assented to by y'^ Gov'' — On the 4'^' of 
Aug" The last Mentioned Com'^* appointed a Conferrence with us 
ab' Selling our Claim — and p'^ they proposed to us if we would Sell 
our Claim of Mason's Right in this Prov: for y*" sum we gave for it 
& Charges — the first who answer'd said if y* Gov"" were agreed 
among themselves about purchasing & Disposing of y" Waste Lands 
he was ready to Convey his Part on y* terms proi)Os'd to w''"' y* We 
generally consented — and we expected to hear from y'' Comittee 
again very Soon — but Notwithstanding we had Served the Govern- 
ment in Purchasing Cap' Masons Right and given a Quit Claim to 
all lands Granted by y® Gov'"' and Improved w''' was well known to 
y* assembly & w"'' they afterwards pretended to imitate before they 
applyed to us both in y*^ house & out of y* house most of y' members 
cast y* most Ignominious Reflections upon us for making of y'' Pur- 
chase, Saying that we were enemies to Gov'"' Villains &c and also 



260 CHARTER RECORDS. 

cast y^ vilest aspersions y" malice of some could invent very inde- 
cent in themselves as unbecomeing y* Authors declaring they wish'd 
any Persons might have the Lands rather than we, y* Massachu- 
setts nay even y'' French or Indians — charging us withal of taking a 
Bargain out of y" Government's hands — & industriously spreading 
thro' y* Province any thing they could invent to render us odious in 
y* Eyes of y* People — we were Sensible of what pass'd, and to con- 
vince y^ Assembly and y^ whole Province that our Intententions of 
purchasing of Cap*^ Mason his Claim within y^ Province, was of a 
generous and benevolent Design of Serving y^ People of y'' Province 
& not to defeat or prevent y'= Government of making the purchase — 
we did on y^ 4'*^ day of Sepf 1746 put into y^ Council directed to 
y^ Committee of gen^' assembly who was treating with us a memorial 
"Setting forth that we expected they would pursue that part of 
y« Vote of Gen'^ Assembly that related to their taking advice of 
Counsell learn'd in y'^ law about proper Instruments to be drawn & 
executed by us to Convey to y* Province our Right to that part of 
y* Province heretofore claimed by Cap' Mason w'^' after So prepared 
were by y^ s'^ vote, to be laid before y*" assembly at their next meet- 
ing, which meeting of y* assembly was long Since past and y* we 
had not seen any Deed nor could we learn any had been prepared — 
and also let them know that false Reports })revailed in manj' parts 
of y*" Gov"'' Respecting our Conduct — and compared their Conduct 
about y* affair with our own &c — and shew that our Quit Claim 
must refute every Slander propagated against us, and also declared 
We were then ready to execute a deed for our remaining interest in 
y* Premises in y^ same manner we received it & for the Same Sum 
with our Cost attending y^ same provided it be done within one 
month from y* date, & y^ Deed made to convey y* land to y' Gov'"' 
to be granted to such Inhabitants, offering y' reason of limmitting 
ye time to a month — w''"' memorial was presented to y* board by 
y* chairman of y* Com'", was read in Council & ordered to be sent 
down to y^ house Sept' 19'^ — The Assembly with a preamble taking 
notice of our Memoiial — appoint a Com'^^ to join with such as 
y" Council shall appoint to get Instruments drawn up accordingly, 
to be laid before y* gen" Assembly fu- their Approbation as soon as 
may be, about this time y' alarm of y^ French Fleet upon y*" Coast 
prevented all Other buisness but preparing for Defence as we 
expected a Visit of y* Fleet — So nothing occurr'd till y^ 8"' Dec"" 
following when y"' assembly Renew'd y* Vote about getting prepared 
a Deed to lay before y* Assembly — y^ Prorogation of y* gen" assem- 
bly destroying y* former vote of y' 19'^ Dec"^ August 20"' 1747 — the 
Assembly voted that y* Committee appointed to negociate y' affair 



MASONIAN PAPERS GENERAL. 261 

with y Purcluisers of mason's claim, (so called) offer the Deed (which 
has been read once and again in this hoase) to Said Purchasers in 
order to be Executed — we did not transact anything about the Affair 
of the Claim or Receive any further proposal from y"' Gov'"' about 
it being yet undermin'd, Still expecting Some Application from y'' 
Gov"" about our Conveying to them — in August The last mentioned 
Committee Requested a meeting of y' Claimers and we met them, 
when they produced a Deed which they Said the Assembly had di- 
rected them to offer us in order to be Executed, w*"^ form of a Deed 
was Debated in y' Assembly yet No Alter' would be admitted which 
lustrum' is a true Emblem of y' Authors, we read it and pointed out 
several obstacles w'''' it contained to our excuting y** same. And de- 
sired a time to Consider upon it and would give y* Assembly an An- 
swer — the Substance of y* Deed was viz' for us to Convey to two 
Gen'"' G J & E. S. Esq" Feofees in Trust in behalfe of y'' Inhabit'^ 
of y*" Prov: of New Hampshire '^ all the Right Title Interest Claim 
Property Estate Possession & Demand whatsoever of them y" said 
Grantors by virtue of any purchase or purchases by them made or 
any Deed or Deeds by them had of Cap' Jn° Tufton Mason of Ports- 
m° afores'' Esqu"" of in and unto all that Tract of land Situate in y® 
Prov: aforesaid containing 200000 Acres more or less bounded as fel- 
low's viz' " bounded with y'' bounds of Masons Deed to us — with ap- 
purtenances — To have & to hold granted &' Premises unto them y^ 
Said G J. & E S their Heirs & Assigns as Feofees in Trust for y' Use 
of y*' Inhabitants of y^ s*^ Prov. of N. H. and for no other use &'' 
whatever — y'' Deed was dated May 15 1747 being then drawn — in 
Considering of y" Deed two material Objections with many others 
were insurmountable — first y"= Convey'' to G J. & E S Feoffees in 
Trust for y* use of y" Inhabitants of y® Province without directing 
what Use to be made of y*^ Premises nor any time proposed when any 
thing should be transacted about them but only for y^ Use of y^ In- 
habitants aforesaid, so that an Inhabitant but of day before Execut- 
ing y'' Deed who never paid a Rate to Pro: would have been as fully 
entituled to y^ Premises as any y" oldest Inhabit' who had paid ever 
so much Taxes &'' — And under that Convey'' in Case of any Contro- 
versy every Inhabitant must join in any Transaction ab' y'' Premises 
w'"*' would be impracticable with many other Inconveniencies of y® 
like nature relating to y^ Conveyance to Feofees in Trust, in y*^ form 
of y' Instrument — & y'^ next objection If we executed that Instru- 
ment we Conveyed to y^ Said Feoffees in Trust for y^ Use of y^ In- 
habitants of y" Province of New Hampsh' all our Lands houses &*" 
comprehended within y'^ Bounds of Mason's Deed to us all of which 
we purchased of Mason, tho' perhaps some might have a Right to 



262 CHARTER RECORDS. 

part of tlieir houses or Lands possessed for a long time Still they 
were included in mason's Deed to us & would be conveyed away by 
that Deed, prepared and offered us to Execute by y^ Committee of 
y® Assembly wlien Executed by us & which would at one Stroke de- 
prive all of us of any Right, at least, within y*" new Towns Granted 
by this Government in all of which Some or other of Us have valua- 
ble Estates — & all our Respective Rights to Such Estates being ex- 
cepted & Reserved in y® Deed of Quit Claim we gave to Several 
Townships, w'^ you may see by that Deed — So We must for the 
Preservation of our own Estates recoverable by mason's Right refuse 
to Execute that Deed — as Men's Actions are the best Intrepreters of 
their Principles a Review of y" Conduct of y® Assembly I think will 
demonstrate that they had no Design to purchase for the Province 
Cap' Mason's Right to his Claim either of him or of us after we pur- 
chased of Cap*^ Masoh — Considering that From October 30'*' 1744 y^ 
affair lay before y'" Assembly then recommended by y*" Gov'' and fre- 
quently afterwards & Sundry times Cap* mason applyed to y® Assem- 
bly by mem° or personaly and offered to make a Convey'^ of Right & 
Claim to y'' Gov"" in Comply'^ with y** Terms of s'' Agreement on his 
part even so late as in y*" year 1746 which Coniplyance was propos'd 
by some few of y"" members within Doors to be Complyed with on y® 
part of y'' assembly and Sollicited by many without and all to no Ef- 
fect till Cap^ Mason sold to us — and then it was proposd & Voted by 
y® Gen^^ assembly but that Vote was prosecuted in such a manner y*^ 
we were obliged also to put a memorial into y® Court to let them 
know our Inclination to sell to y^ Gov'"' upon their own Terms & in 
y** manner agreable to y^ minds of two Branches of y*' Legislature — 
which method for us to sell upon many Acco''' too tedious to enumer- 
ate I beleive would be thought convenient & best for y^ Interest of 
y^ Province in general this jjroduced after a long time, a Deed by 
which the assembly would have us Execute y*^ sale — tho' not in ,the 
method we propos'd to Convey our Claim of Mason's Right to y*^ 
Gov"'' but least we should depart from that proposal in our memorial 
of Convey^' our Rights to be disposed of by Gov'' & Council as y® 
waste lands are granted, y'' Instrument by which we were to Convey 
our Right'; was so formed, as to create great Difficulties in y^ Gov- 
ernment and also that by our own hands, we should destroy y" Estate 
any of us had in any Lands within y'^ Bounds of Mason's Pattent in 
New FTami^sh"" that y*^ Right of a Long possession could not Save — and 
in all the Votes that pass'd, not one farthing of money was raised or 
proposed to be raised to pay us the Sum we gave Cap' Mason for his 
Right and our Expences about it — their own Terms w^^ they pro- 
posed, and for w''' a Blank was left in y*" Deed they offered us to Ex- 



MASONIAN PAPERS GENERAL. 263 

eciite nor had v'' ('(Muniittee any Money to j)ay ns, when they pre- 
sented it, and as th<>y had treated ns with so nmcli Mali<j;nity in onr 
names — and laid a Snai-e to enti'ap onr Estates, there was no honour 
to be presiim'd, to Credit those persons for our money if we had been 
So blind as to go into y® net they had prepared & laid for ns — 

The Prospect of so great Loss, and y® little probability there 
SeemM to be of saving y'' Consideration money without y*^ other ])oli- 
tical Considerations Were a Sutlicient Bar against Executing y'' Deed 
to y® Feoffees in trust — and those Obstacles to our Conveying our 
Remaining Right to mason's Claim to y'' Government, being laid by 
the Assembly we inferred they neither desired or intended to pur- 
chase of us, unless they made our incurring Such Damages as threat- 
iied, a Condition of their purchasing from us y* Remain^' part we 
chunied of Mason's Right to y® Cover"" wherefore we concluded to 
make no more Overtures to them And give them an Answer that we 
could not Execute the Deed they offered & presented to us for that 
purpose — and that we ourselves would dispose of y® Waste Lands as 
we should think proper as y'' Gov' did not intend to buy it of us — 
and there ended our Conferrences with y*" gen" Assembly — about y" 
10"' of may 1748 y'' Gov' and Council] w^ere about granting three 
Townships on y^ head of Rochester (part of Kingswood, before men- 
tion'd) and had proceeded so far as to give orders for a Plan to be 
made, wdiich alarmed us the late Purchasers of Cap* Mason — We 
imediately resolved to form ourselves into a Pi-opriety in ord"^ to take 
care of our Interest 

[FTere, unfortunately, this interesting document comes to a sudden 
end. It is the editor's opinion that the handwriting is that of George 
Jaffrey, and that it was to be addressed to John Thomlinson. This 
original is apparently a rough draft, and it is jjossible that a copy 
may have been completed and forwarded. — Ed.] 



[State of 3Iasons Title.'] 
[Masonian Papers, Vol. 2, p. 81.] 

A State of the Title of the Proprietors Purchasers 
of the Right to the Land in New Hampshire Called 
Masons Hight of Cap' John Tufton Mason Esq'' the 
of 

Ki>;(i James the First by his Letters Patent Granted 
all that Land & Territory in America, lying between the 



264 CHAETZR RECORDS. 

'^^^^"^Lat- 4«) and 4S Deg. Xorth with the Seas & Islands within 
KoTTicM one hundred Miles of any Part of the Sea Coast of that 
Country, i also all the Soil. Ground Havens. Ports. 
Rivers within those limits to the Council Establish'd at 
Plymouth Commonly Call'd the Council of Plymouth 
which is a Patent well known — 
^.TlT» By viKxrz of which the Said Council made Grants of 
J^^^^many Pariicuiar Tracts of Land, to Companies. & to Par- 
fimd it iaticular Persons. Among which is a Grant To Cap* John 
iidre "^ Mason Esq'^ under their Common Seal, for Divers good 
^^^ Considerations, banning at the River Xauiukege (^now 
Salem) thence to proceed Eastward Round Cape Ann to 
the River Menimac A: up the Same to the head thereof 
wiih a Great Island called Isle Mason — .kc 
i>arei^T'xoTT And afterwards the said Council by indenture under 
!€» their Common Seal Granted to the Said Cap' Mason, all 
cbanersfiMrthat Tract of Land beginning at Merrimack runing along 
^^eeHiTiytte Sea Coast to Piscataqua River. A: up the said River, 
die Bext iQ tjjg farthest Head thereof and from thence North West- 
ward till Sixty Miles are Compleat from the ^louiL of 
Piscataqua River, & in the Same manner thrt»' Merrimac 
& then to Cross over Land Arc And in the Same Manner 
the Said Council Granted to the s^ Cap* MasoD (a third 
So 3 time) all the Land from the Middle of Xaumkege to the 
Dated aa Middle of Piscataqua Harbour. &; up the River, to the 
^^'^^^ farthest head thereof. & thence Northwestward till Sixty 
Miles are finished from the Mouth of Said Harbour. & 
from Xaumkege up thro' the River into the Lands West- 
au to k<dd to wardss till Sixty Miles are finish'd, and then to Cross over 
Join »^^ Land from the End of this Last line, to the other at the 
^^^ *head of Piseaiaqiia River, wiih the South half of the Hes 
of Shoals A:<- — Now it is Conceived that with Regard to 
Ti^re verethe Extent of these Grants, the Inland line must be 
Gnated t^ understood & Construed to Run Parallel with the Sea 
^l^^k^J^!^ Coast, between the two Side Lines; because it appears to 
^^^be the Intent of the Grants, (the two Latter) to give a 
cavse Bot Tract of Land the breadth of w** or (with respect to the 
ciai^ of Second Grant) the Length of which shou'd be Sixty Miles 
JJ^I^"*^ But if it shou d be a Strait Line, the Tract would not, in 
Some places be (periiaps) thirty Miles into the Country 
from the Sea. which wou'd be Contrary to the known rule 
of Construing the Grant most for the Benefit of the 
Grantee, as well as against the Apparent Intent — and tho' 



AIASONIAN PAl'EIJS GENERAL. 



2»)5 



the Literal Description Seems to be a Strait Line Yet the 
Intent Ought to Govern the Construction — 

After the lirst, and before the Second Grant, made to 
M'' Mason as aforesaid, the Said Council Granted to Sir 
Henry Roswell & f)thers, that Territory called the Col° of 
the Alassachusets Bay, Extending from three Miles North- 
ward of Merrimack & Every part thereof, to Charles 
River & three iNliles to the Southward of any & Every 
part thereof, and from the Atlantic Ocean Westward to 
the South Sea, Which it is necessary to take Notice of as 
this Grant Interferes with, & cuts off part of Mason's & 
as there is a Relation of One to the Other — 

These Grants made by the Council of Plymouth to M'' 
Mason as afores'^ were Soon after the Grant of the last. 
Confirmed by K. Charles the first, to the Said M' Mason 
then Caird Pay Master & Treasurer of His Army by the 
Name of New Hampshire, and in the Patents made by the 
Council of Plj^mouth it is Said that he the Said jNIason 
Designed to Call the Said Tracts of Laud b}^ the General 
Name of the Province of New Hampshire — 

Cap' Mason between the Years 1629, and 1635 Sent 
over about Seventy Servants, Besides Trades Men with 
necessary Pi'ovisions, utensils, arms, araunition Artillery 
for Forts, Clothing for his Servants, Enterd upon the 
Lands at Piscataqua made Considerable Improvem'** Sent 
over Cattel & other Supplies So that his Expeuce, Exclu- 
sive of his Improvements was Computed at about twenty 
two thousand pounds Sterling. And that the Improve- 
ments were very Considerable for the time, appears by 
Several Testimonies made use of in Some Actions brot by 
his Grand Son, afterwards against Some of those very 
Persons who had been Tenants, or Agents to His Grand- 
father for parcel of those Lands they So held an Extract 
of which is herein after Inserted — 

In the Year 1635 Cap' Mason made his Will, wherein 
he Devis'd (among other things) Two thousand Acres of 
Land in his County of New Hampshire or Mannor of 
Mason Hall in New England, which his Execut^ & Over 
Seers Should think fit, To the Mayor & Commonalty of 
Kingslyn. — Item to his Brother in Law John Wallaston 
three thousand Acres of Land in his County of New 
Hampshire or Mannor of Mason Hall where his Said 
Brother and Execut"" Should think fit, to hold to him & 
his Heirs — 



this is observ- 
ed here be- 
cause of the 
time & we 
have Occasi 
to take No- 
tice of it 
with Regard 
to Mr Ma- 
sons Title 



No 4 
This Charter 
of Confirm- 
a t i o n was 
Dated 19 th 
Augt 1635 & 
C out a i nd 
ample Pow- 
ers of Gov- 
ernment & 
Jurisdiction 
the' we cant 
find it here 



See the In- 
ventory o f 
Stores &c 
No 5 



This Will is 
Dated Novr 
26 1635 
No 6 



266 CHARTER RECORDS. 

Item To his Gmiitl Child Ann Tufton he Devises 
Masonia to hold to her and Hei- Heirs — Item to his 
Grand Child Robert Tufton his Mannor of Mason Hall, 
to hold to him & his Heirs (Excepting what he had before 
Devised thereof) Provided he alter his Sir Name & Sir 
Name himself Mason first — Item to John Wallaston 
aforesaid two thous'^ Acres of Land in his County of New 
Hampshire, in Trust to Convey One thousand to Some 
Feoffee in trust towards the Maintainance of a Godly 
Minister in New Ham])shire, And the other thousand to 
Some Feoffee towards the Maintenance of a free Grammar 
school In New Hampshire — Item to his Grand Child John 
Tufton all the Rest of His Mannors Messuages Lands 
Tenements & Ilereditam"^ in his County of New Hamj)- 
shire or Elsewhere in New England, To hold to him and 
the HEIRS OF HIS BODY Lawfully begotton. Remainder 
to Robert Tufton Remainder to his Cousin D"" Rob*^ Mason 
& the Heirs Male of his body, and for want of Such Issue 
to Revert to the Devisor & his Right Heirs. Provided 
his Grand Son John Tufton Should alter His Sir Name 
& Sir Name himself Mason first. Provided also that the 
Said John })ay His Sister Mary Tufton out of the Mannors 
Messuages Lands & Tenements afores'' P^ive hundred 
})ounds vSterling, for her preferment in jNIai-riage — This 
22dDecri635 Willwas Provd in the Prerogative Court of Canterbury 
in Decemb'" 1635 — 

N. B. This Testatoi- had no Immediate Issue Surviving 
himself — and had no Son at all that Ave ever heard of — 
His Only Daughter Ann Married Joseph Tufton Esq"^ 
Upon the Death of Cap' Mason, New Hampshire by virtue 
of the Devise aforesaid, was the Property of his Grandson 
John Tufton, which he held in Tail General, but he 
Dying without Issue, the Limitation over to Robert his 
Brother took Effect, and thereupon he becauie Tenant 
in Tail, in the Same manner — But he not Arriving to full 
Age before the year 1650, & the Confusion of the Public 
Affairs then not admitting of Negotiating Private Busi- 
ness, he con'd do nothing to Effect (as he had Occasion to 
Petition the Crown) till after the Restoration to which 
time was twenty five Years from the Death of Cap' John 
Mason, and During which his right & Interest there had 
been neglected, & in the Minority of his Heir Deserted — 
For upon the Death of Cap' Mason his Widow Expresly 



MASONIAN PAPEltS (JENERAL. 



267 



told his Agents, She would take no Care of the Settle- 
ments in New Hani[)shire, and that the Tenants must 
Shift for themselves — Whereupon they did So — Sold ofF 
his Stock & Effects, & Soon Clainrd the Land in tlieir 
own Right — For by Testimonies taken & used in Some 
Actions prosecuted against Some of the Said Tenants, in 
the Said Right, in the Year 1685 it is proved, That Cap' 
Mason had many Agents, Tenants and Servants, who had 
built Forts houses & made Considerable Im[)rovements 
here. Particularly they mention a very large house & 
near a thousand Acres of Land Cleared & Improved, at 
the Place now called Portsmouth That One of his Agents 
viz Francis Norton who lived in the Said House, Drove 
away from tliis Plantation about an hundred head of great 
Cattle & Sold them in & about Boston, at <£25 Sterl 
apiece, which was then the Current Price for Such Cattle, 
they being of a Large kind & Said to have Come from 
Denmark — that this Norton Settled at Charlestown, & 
Intirely Deserted M"* Masons Plantation, & thereupon the 
other Agents & Servants Embezzled the Rest of his Stock 
& Effects, Carried away the Guns out of his Forts, many 
of which were Brass — That M'" Mason had another Plan- 
tation at Newichewannock, Large Buildings for habitation 
& Defence, two Mills, the first in Ne,w England, Built by 
Danes whom he had Lnported with a Large Stock of 
Cattle — That one of his Agents viz Thomas Wannerton 
for his Servant as he is called in the Testimony) about 
the Year 1644 Carried Quantites of M^ Masons goods & 
Arms from his Plantation & Sold them, to the French at 
Port Royal, or near that which was afterwards So Called — 
That M"" Mason's Imj)roved Lands were parceled out, 
among his Servants, by the Select Men chosen & Quali- 
fied by Authority Derived from the Massachusets Govern- 
ment. — For the People brOt here by M"^ Mason Setting up 
for themselves, were Soon Necessitated to apply to the 
Said Government for Protection (there being no other 
then on the Spot or near them) which they Gi-anted 
them, and Accordingly that (Tovernm' Exercised a Juris- 
diction over New Hampshire for the Term of (nearly) 
thirty Seven Years and Claimed a Right So to do — 

Soon after the Restoration M'' Robert Mason (for that 
was now his Name he having Chang'd it agreeable to his 
Grandfather's Will) Petition'd K. C. the 2'' Setting forth 



Not 
See her Let- 
ters to the 
Agents upon 
this Occa- 
sion — 



See the Depo- 
ositions o f 
Geo. Wal- 
ton, Nathl 
Bolter & 
John Red- 
man Francis 
Small Henrj' 
Langsta r 
Robt Pike & 
others 

No 8 
about 1644 



See No 9 
This began 
about 1641 & 
Continued 
to 1679 or 
thereabouts 



About the 
Year 1660 



268 CHARTER It?:CORDS. 

the unjust & Illegal Incroachmeiits & usurpation, of the 
Governm' of the Massachusetts over his Property, & Pray- 
ing his Majesty woud b}^ his Authority cause Justice to be 
done to the Petitioner — Whereupon his Title was Referr'd 
to S'^ Geofrey Palmer, then Attorney General, who De- 
clared that Robert Mason Grandson & Heir of Cap' John 

%^f ml opFZ Mason, had a good & Legal Right & title to the Lands 
i^°j^g^°j^^^^ Conveyed as aforesaid by the Name of New Hampshire — 
1660 But as nothing Decisive was done upon this Petition, M"^ 

1675 In this Mason about 14 Years afterwards Presented a New Peti- 

IVin Gr o r ff G 

who had the tion. Complaining of the Usurpation afores*^ which Still 
pfaTnt e?uir Continued, & that all attempts to Remove it had hitherto 
bef^'^re "itP^^^^ fruitless, for Notwithstanding any Remonstrances, 
was over the Said Government Still persisted — and Pravinsr as 

No 11 • •' o 

aforesaid — Hereupon M"^ Mason's Title was again Referrd, 
now to the Attorney & Solicitor General Sir William 

"^tYeir Report "^^^^'^ ^ ^^^* ^'"'^^"^'^ Wiuuiugton who after Reciting the 
No 12 Several Grants made as aforesaid. Declare their Opinion 
to be That the Petition'' Robert Mason Grandson & Heir 
to Cap* John Mason, had a Good & Legal Title to the 
Lands afores'^ conveyed by the Name of New Hampshire 
— upon this the Government of the Massachusets was 
Notified to Answer this Complaint, who accordingly Sent 
over Agents, after whose Arrival the Matter was Referrd 
to the Lords Chief Justices before whom the Said Agents 
Disclaimed any Right to Soil or Government of Lands 
Claimed by the Petitioner farther than three Miles North- 
ward of Merrimack River, and thereupon their Lordships 
Report to his Majesty in Council that the Patent of the 
Said Government having the Advantage in time must 
first take place but that it Extended no farther on the 
^ mirt^if jud^" ^^^^^^^'^^''^ Claim than three Miles Noi-thward of said 
ment there- River following the Course of the River So far as it Runs 
July 1677 — which Report His Majesty in Council Confirmed & 
Judment was Enterd Agreeable thereto — And thereupon 
a Commission was Issued, under the Great Seal, Erecting 
a Government over New Hampshire Immediately under 
this commis-the Crown, in the Same form it Still Continues — In which 
18 septr 1679 Commission there are these Remarkable Words in favour 
To^°j^ohnOf M' Masons Claim, viz — '-It Appearing unto us that the 
bv"he Tme " •^"^^^^'^^'^ of Robert Mason Esq"^ Obtained Grants from 
of President "our Great Council of Plymouth, for the Tract of Land 
"aforesaid, (meaning New Hampshire) and were at ver?/ 



MASONIAN PATEKS CENEIJAL. 269 

" GreaL Expence upon the Same until Molested ^ finally 
^'■driven Out, whicli liatli Oce.'ision'd a Lasting Complaint 
" for Justice by the Saitl Robert Mason, ever Since Our 
"Restoration — However to Prevent in tliis Case any 
"• unreasonable Demands which might be made by the 
"•Said Robert Mason, for the Right he Claimeth in the to the same 
"Said Soil, We have Obliged the Said Robert Mason fiTe'^ww^dsot 
•' under his hand & Seal to Declare, That he will Demand ernor cran- 
" nothing for the time past, until the four & twentieth "<'.''i? com- 

i- I T»« 1 ■ 1 • mission Is- 

" Day oi June last past, nor Molest any in their posses- sued some 

"siou for the time to Come, but will make Titles to them alter^ ^ '^ "^ '^ 

" cf- their Heirs forever. Provided they will pay unto him . ^°^* 

"upon a Fair Agreement, in Lieu of all other Rents, Six 

'' pence in the Pound According to the Just & true 

" Y'earl}' value of all houses built by them, & of all Lands 

"• whether Gardens, Orchards, Arrable or Pasture, which 

"have been Improved by them, which he Will agree 

"Shall be bounded out unto every of the parties Con- 

" cernd, and that the Residue may Remain unto him self ^^^^^^, ^^®s- 

^Hohe Disposed of for his best Advantaye"' &c — Here is mission 

a most Explicit acknowledgment of the Crown, Several ^^^ ~ 

times Repeated, that the property of the Soil here, was in 

M"" Mason And hereupon he Comes over & takes PersonaP^^^^f^^'^^'o't 

. ^ miiT^i an Action of 

Possession, but met wnth many iurbulent People on the Ejectmt agt 

Spot who bid him Defiance, & drove him to the Necessity an^Esqr^ & 

of Commencing Suits at Law against them, in many of judgmt^Mr 

which he Recoverd Judgment, which Induc'd many Y^'^^^i^^^ 

* • 1 1 • TT rii 1 1 • c •! Appeald to 

others to Agree with him — He Iransported his tamilv, t^e King in 
brot with him a Mandatory Letter from King Charles the where'' the 
2*' to admit him into the Council here, wherein his Title D?s^fsd.^^^ 
is also Expresly acknowledg'd — he lived, at New Casle in 
New Hampshire — he left two Sons John & Robert, Who bneso 
having bargaind with Samuel Allen of London Merch', to 
Sell him their whole Right, Sue out a Fine & Recovery in see No. le 
Westmi'ster Hall, to Dock the Litail of Lands in New 
England fifty Years after their had been Courts of Jus- 
tice upon the Spot, under the Government of the Massa- 
chusets from 1641 by which every mans property & 
Liheritance was bound, & ten or twelve Years After a 
Government had been Erected over New Hampshire, & 
Courts of Justice Establislid under that Government, 
and in these Courts many Actions had been Maintain'd 
by their father, for [)arcel of these Lands, 'tis therefore 



270 CHARTER RECORDS. 

Strange they coud not as well prosecute a Common Re- 
covery in a Court here for Lands here, as well as So 
man}^ Adversary Suits for the Same Land — but be that as 
it will, after this, they Convey their Right to the Said 
M^ Allen for the Consideration of X2700 Sterling tho' 
Aprii27i69i £1250 Remains unpaid as we are told to this Hour — 

About this time the Agents for the Massachusets were 
Soliciting for a New Charter, (That Government having 
lost their Charter, at a time Remarkable for the Dissolu- 
tion and Destruction of Such kind of Instruments) — And 
Succeeded in their Attempts. Accordingly a New Charter 
past the Seals, Erecting & Incorporating the Province of 
Mayn with the Massachusets, & Colony of Plymouth, 
into One Real Province by a New Description & Name, 
but by a Particular Clause the Right of Samuel Allen, 
(who now had purchased Masons Right) is Reserved, in 
these Words viz Provided also that Nothing herein Con- 
tained, Shall Extend or be understood, or taken, to Im- 
peach, or prejudice, any Right, Title, Interest, or De- 
"mand, which Sauuiel Allen of London Merchant, Claim- 
"ing from & under John Mason Esq'" Deceased, or any 
"•other Person or Persons, hath or have, or Claimeth to 
"• have hold or Enjoy, of into, or out of any part, or parts 
"of the Premises, Situate ivithin the Limits above men- 
'■' tiond ; But that the Said Samuel Allen, & all & every 
"Such Person & Persons, may & Shall have hold & 
"Enjoy, the Same, in Such Manner (and no other than) 
"as if these Presents had not been had or made." Here 
this Title is again taken notice of in Particular, by the 
Crown — After this Purchase made by M"" Allen he Came 
Over, Settled here, made Search after the Judgments 
Recoverd by Rob*^ Mason ag' the Ter Tenants, and tis 
Said found four or five and twenty Leaves of the Records 
Cut or torn out — However he Set on foot Several new 
Suits against Such as Oppos'd his Title, among others 
one against M'' Waldron, but at this time the Popular 
Prejudice ran So Stong, against this title here, that 'twas 
Impossible to have a fair Trial, the Judges and Jurors 
being Parties, or at least Affected by the Event, & there- 
fore Judgment of the Court was against him, from the 
last of which he Appealed home. But while this was in 
Agitation M"" Allen Exhibited a Petition to Queen Ann, 
Setting forth his Title, the Difficult v he Labourd under. 



MASONIAN PAPERS (}I:NEUAI>. 271 

with Regard to the trial of his Title here, the Long time 
this had been in Suspence, &c And linally praying that 
her Majesty would put him into Possession of the Waste 
Lands, Whereu[)on the Title of M' Allen was Referrd to 
the Hoard for Traile & IMautations, iS: tl)at IV)ard took 
the Opinion of Sir Edw'' Nortliy then Attorney General, 
(which was the third time this Title had past Examina- 
tion in this manner) and he Reported, That Samuel Allen 
Esq"" by virtue of the afores'' Grants to Mason had a good 
& Legal Title to the Province of New Hampshire, and 
that her Majesty might Safely put him the Proprietor in 
Possession, of the Waste & unimproved Lauds, but in 
Regard to the Lands the Inhabitants had in Possession, 
he thot it not Convenient for her Majesty to Literpose 
therein, but that the Proprietor might bring his Wi-it of 
Ejectment, & the Board Acquiescing, Re[)orted to the 
Queen Agreeable thereto, and thereupon the Queen Sent 
an Order to the Governor of the Province, viz Joseph see this order 
Dudley Esq% to put him into Possession accordingly, & in i?03 -^p'"'' 
any future Trial to Demand a Special Verdict, & So 
Refer the Point to her Majesty for a final Determination 
of the mattei- in Law — Governor Dudley Soon after the 
Reception of this Letter, Communicated her Majesty's 
Pleasure to the Assembly of New Hampshire, who 
answer, that the Inhabitants Claimed no more Lands, see this An- 
than was within the bounds of their Towns, which ^ they ii, 1703 No 
"Say was Less than a third part of the Province, of '^ o'n iT'Vf "h 
"which they had been in possession more than Sixty To^ni^for 
" Years, but had nothing to Of^er as a Grievance, if the the sth 
"other two thirds Should be Adjudg'd to M"^ Allen, & in)thewhoie 
" Should be glad to See the Same' Planted & Settled for {^t^^ ^^^ 
"the better Securitv of the whole." with more to the 5,°^ ''e^^ 

- Granted 

Same purpose more than 

After this there was a Judgment before the Queen in at this time 
Council, upon M'' Aliens Appeal in favour of M'" Waldron, ^%iy ° "! 
in Consideration of the Def* Long possession, & the^.^^^'lts 

T-»i f • T-» ^^^ Dav of 

Want of the proper Evidence 01 the Pia^* possession. But 1707 
this Very Judgment by the Special Wording of it, was In 
favour of Allen's title, as to Recent ]>ossessions & the 
Waste Lands — 

After this M"" Allen Died Intestate, leaving a Son & 
four Daughters — Thomas Allen y® Son Enters, & brings 
his Action of Ejectment de novo against INP Waldron, (we 



272 CHARTER RECORDS. 

^th^e^'^YeTJ'^^n'P^se for Some other Tract of the Said Land, but this 
1715 Came to Nothing as he Died pending the Suit. — 

About four or five Years after his Decease, there being 
no Stir made, Aliens Daughters being under Coverture, 
& Masons Heir in Minority, the Governor & Council 
1719 to 1727 begin to make Grants of Townships, close upon & joining 
to the Towns Settled as afores'\ & Continued that Prac- 
tice for ten or twelve Years within thirty Miles of the 
Sea, tho many of the Townships So Granted, are Still a 
Wilderness, & nothing of Improvements, made in the 
Course of twenty five or thirty Year. — This proceeding 
carries a bad face, as the Queens Letter & the Assembly's 
Disclaimer were matters of Public Record in the Council 
™s wasEvNgooj^g ; and to make Grants of these Lands As the Right 
great Injury of the Crowu, was (as we take it) Somewhat Extraordi- 
had Mr Ma- nary. Since every Crown'd head from K. Charles the first, 
a*s°^i t "ifa d to Q- Ann Inclusively had Recognized this Title in & 
t&Q°&^*^w?th ^^"^'^^' Mason — having fqund upon Reiterated Consulta- 
somuch So- tion, & Advisemeut, that the Crown had Effectually Di- 
a*rnd and as Vested it Self of the Right & Title, to the Lands within 
same 'man- ^^' Masous Patents— That the Right had been Well Con- 
nerdeciared yey'd to M"" Masou, that by the Expence he was at to 

to be good, "^ . . , . "^ . ^ 

&flnany the Settle it in his time, he had paid a Valuable Consideration 
ordered ' by for it, & Considering the after Chai'ge his Descendants 
to^be'oenv^'^^i'® ^t, in Contesting the Right with the Colony of the 
erd, & those ]\|r^ssach'^ and with their own Servants, or the Serv*^ of 

1111)08868- 

sion had their Ancestors, and how Small a part they have ever Yet 
fi'surVe™^ Enjoy'd ; to this if we add M"^ Aliens Expence to Recover 
der'd. Possession (which is Still in the Same Right) it may with 

truth be Said, that the Grantee & those who hold under 
him, have had a Dear Bargain, which will Still be Aug- 
mented to a very Considerable Degree, if we add our own 
, Expence the purchase Sum, the Daily Charge of making 

Grants & attending Settlers — with the Small part Re- 
served to our own use, the Quit Claims given to the 
Towns, even those which are far from having done any 
thing worthy of Notice in Settling, & whicli have been 
Granted Since Queen Ann's * Mandate — We Saj' bring 
all this into a Capital Sum, it will appear the Land Re- 
maining to those who hold under Mason, at this Day, is 
the Dearest Purchase of any in America, were they to 
hold in Peace hereafter. But that is not the Case they 
are like to be Involved in much Controversv Still, & 



MASON IAN I'ArKKS (IKNKltAL. 



273 



ConseqiuMitly t'aitlier Expense — tlio* they Doubt not of a 
Succesful Event — which leads us to Observe, that by the 
Late Settlement of the Boundary between this Province 
&o the Massachusets, it Appears that, that Government, 
had a great part of the Land in their possession, which 
was M' Masons Hight. for that Settlement Reduces their 
Charter to its True Limits & tlien M' JNIason's Patent of 
1035 takes in all the Land within Sixty Miles from Naum- 
kege Westward which the ^lassachusetts Chai'ter does not 
Comprehend — But before this Settlement that Govern- 
ment, had made many Grants of Lands really without 
their Patent, & yet the Grantees, Pretend to hold, not- 
withstanding they have no Pretence of title nor Posses- 
sion, and Avith Some of whom we Expect we must Con- 
tend or give up our Right — But We have Still another 
Dispute to Encounter, there are those who rise up now in 
tlie Right of Allen, & pretend the title is in them which 
gives rise to two Questions first Whether Robert the 
Grandson of Cap' Mason the Grantee, held this Estate as 
Tenant in Tail. 21y if he did whether this Litfyl was 
Legally Dockt, by his Sons, So as that they Could Con- 
vey the Fee Simple of this Estate to M'" Allen — as to the 
first of these, tho' it is a Question which has been Stirrd 
here. Yet we think it will hardly bear a Serious Debate — 
the words of the Will are Explicit, & So it has always 
been taken, why else did they Endeavour to Cut off the 
Entail, if there was none — 

The other is a Question Material, the Objection to 
what Avas done' for the docking the Entail is, that it 
Should have been done in the County, at leat the Prov- 
ince where the Land lies, it being a Local Action cannot 
Legally be prosecuted elsewhere, while there are Coui-ts 
there as there was in this Province at that time & had 
been as is above liinted for fifty Years before and there- 
fore the Process Referrd to, was a Nullity, or void ab' 
initio — and in that Case upon the Death of Tenant in 
Tail who Sold to Allen, the Next Heir in Tail of M"^ 
Mason, was let in : We have good proof that Cap' John 
Tufton Mason of whom we Purchased, is that Heir, who 
has Executed Sufficient Conveyances of the Estate to us — 
who before he did it Sued out a Common Recovery here 
to the use of himself his Heirs &; Assigns. So that he 
coud as we take Lawfidly Convey the Fee but as to this 
IS 



Especially 
considering 
the Reser- 
vation in the 
Massa Char- 
t e r . Its 
plain the 
Crown had 
no land Re- 
served b e - 
tween these 
Patents & 
wherever 
one Termi- 
nates the 
other joins. 



274 CHAltTER ItECORDS. 

Point lis Sufficient (while we are in possession) to Say 
He is Still I^iving, and if he is Tenant & Tail, of which 
We think there is no Doubt, tis time Enough to move 
any Question Relating to the Operation & Effect of his 
Conveyance when the next Heir in Tail Inquires — - 

Upon the whole we have granted, & are Granting the 
Lands to the Inhabitants, & Such as We think are likely 
to Settle them ; on Such Easy terms & under Such Limi- 
tations, as will most Effectually promote & Advance that 
End. So that if we meet with no Discouragements Re- 
Nothiug butspecting Allen's Claim & have not too many Adversaries 
make^us^Ea" bcsides, we doubt not in the run of a few Years most of 
|"\®yjjj'^g'^ these Lands will be under Considerable Improvements in 
which has this right. At least we would Venture to forfeit all, if any 

been & Still ^ , , ^ ./ 

is a Great & of our Towuships Remain as Loiig unsettled, as Some of 
ExpenceT I ^l^ose made by the Government as afores'^ have, if we 
a^r'e ^nuch ^^^^® Opportunities Equally or but iialf so Favourable for 
better Set- Subduiup; the Lands, and the Principal Reason why 

tledthe - ... .. 

People more there wiU be Such a Difference (as we See already is like 
servedV&to be) is the Different & more Vigorous manner of Prose- 
Hu|bandr^y cuting the Design which must be attended with a Propor- 
more im-tionable Expence — We therefore hope to hold our pur- 
ft^the Gov- chase & think it will be a hard Case, if they who hold 
G^Tift e^'d in Masons Right, a Right So well Convey'd, So often Con- 
them as the fjpQ^gd ^ gg Dearly Purchased, after One hundred and 

Lands of the ' .oiiii • ^ t^ • 

Crown. twenty l ears Pursuit, Should not be permitted to Enjoy 
that Pittance of this Estate now Remains in their hands. — 



l^Deed, Maso7i to Proprletori<, Sept. 30, 1749.^ 

[Masonian Papers, Vol. 1, p. 89.] 

TO ALL PEOPLE To whom these Presents shall Come John Tuft"- 
ton Mason of Portsmouth in the Province of New Hampshire Esq'' By 
Clement Jackson Matthew Livermore and William Parker all of Said 
Portsm° Esq'--^ Sendeth GREETING— WHEREAS the said John 
Tuffton Mason by his Certain Writing or Letter of Attorney under 
his hand & Seal Duly Executed Dated the fourteenth Day of June 
1749 and in the twenty third year of his Majesty's Reign Amongst 
Other things therein Contained Did Authorize & Impower us or any 
two of us to make Sign Seal and Execute any Deed or Deeds of 
Conveyance of Certain Lands therein Refer'd to unto Such Person 



IMASONIAN PAPERS GENE UAL. 275 

or Persons as he s^hould afterwards Direct or to any Such Person or 
Persons as we shouhl think jn'oper to hoUl to tiiem Respectively and 
their Respective Heirs and Assigns as may at Large Ajtpear by Said 
Instrument Reference thereto being Had— NOW KNOW YE that 
the Said John Tnfton jNIason in Consideration Of the Sum of twenty 
Shillings to him in hand i)aid before the Ensealing and Delivery 
hereof By Theodore Atkinson Richard Wibird Samuel Solly John 
Moffatt Mark Hunking Wentworth Jotham Odiorne Joslina Peirce 
Thomas Packer Nathaniel Messerve George JafTrey Esq"^ John 
Wentworth jun' Daniel Peirce Paul March Gent" Mary Moore 
Widow all of Portsmouth aforesaid John Thomlinson of London 
Esq' Thomas Wallingford of Somersworth in Said Province Esq'^ 
Joseph Blanchard of Dunstable in Said Province Esq"" Clement 
March of Greenland in Said Province Esq' and Joseph Green of 
Boston in the County of Suffolk in the Province of the Mass" Bay 
Merch' the Receipt whereof is hereby acknowledged HATH by us 
his said Attorneys given granted Bargained and Sold and by these 
Presents DOTH give grant Bargain Sell Alien Enfeoff" Convey and 
Confirm unto the said Theodore Atkinson Richard Wibird Samuel 
Soil}- John Moffatt Mark Hunking Wentworth Jotham Odiorne 
Joshua Peirce Thomas Packer Nathaniel Messerve George Jaff'rey 
John Wentworth jun"^ Daniel Peirce Paul March Mary Moore John 
Thomlinson Thomas Wallingsford Joseph Blanchard Clement March 
and Joseph Green by us his Attorneys in the Several parts and Pro- 
portions herein after Declared twenty-Nine thirtieth Parts of all the 
Right Title Literest Estate Inheritance Claim Challenge Property 
and Demand of him the said John Tuffton Mason which He now 
hath or Ought to have by any ways or means whatsoever of in and 
unto any & all the Lands Tenements and Hereditaments whatsoever 
Contained Lying and being within the Province of New Hampshire 
Bounded as Follows Viz Beginning at the Sea three Miles North 
from Merrimack River thence running Parallel with Said River at 
the Distance of three Miles to the head thereof from thence West- 
ward till Sixty Miles are Compleated tlience a Cross the l^and to the 
Inland or Northerly End of a Line running from the Mouth Of 
Piscataqua River up the Same to the farthest head thereof and 
thence North Westwards till Sixty Miles are Compleated from the 
Mouth of Said River then Beginning again at the Place three Miles 
Northward of Merrimack where it first began runs along the Sea 
Coast to Cape Ann & Round about the Same to the Middle of 
Naumkeek through The River thereof up into the Land West till 
Sixty Miles are Compleated thence a Cross the Land to the hdand 
or Northerly end of the Line running from the Mouth of Piscataqua 



276 CHARTER RECORDS. 

River as aforesaid— TO HAVE AND TO HOLD the said granted 
and Bargained Premises with all the Privileges and Appurtenances 
thereto belonging Or in any wise Appertaining to the said Grantees 
and their Respective Heirs & Assigns in the following parts and 
Proportions that is to Say to the said Theodore Atkinson Richard 
Wibird John Moffatt Jotham Odiorne Joshua Peirce Thomas Packer 
George Jaffrey Thomas Wallingford John Went worth jun"' Each 
One fifteenth Part to the Said Mark Hunking Wentworth two 
fifteenth parts thereof to the Said Samuel Solly Nathaniel Meserve 
John Thomlinson Daniel Peirce Clement March and Mary Moore 
each One thirtieth Part thereof To the Said Joseph Blanchard One 
Sixtieth part and to the Said Paul March & Joseph Green Each One 
hundredth & twentieth Part thereof to them and their Respective 
Heirs and Assigns as aforesaid — IN TESTIMONY whereof the said 
John Tufton Mason by us his Said Attorneys hath hereunto Set his 
hand and Seal And We also have hereunto Set Our hands & Seals 
as his Attornies the thirtieth Day of September Anno Domini 
1749 and in the twenty third Year of His Majesty's Reign — 

John Tufton Mason [seal] 

Clem*^ Jackson [seal] 

Matthew Livermore 
William Parker [seal] 

SIGNED SEALED and Deliverd 
In Presence of us the words ^ the 
being first Interlind 

Esther Harvey 

Ann Harvey 

Province of ) January the 17^*^ 1749 then the above named 
New Hampshire ) Clement Jackson Matthew Livermore & William 
Parker Personally appearing acknowledged this Instrument in their 
Said Capacity as their free Act & Deed Before me 

Robert Boyes Justice of the Peace 

Know all Men By these Presents that I Anna Elizabeth Tufton 
Mason wife of the above named John Tufton Mason do hereby give 
Grant And & Surrender unto the above & within named Grantees 
all my Right of Dower & power of thirds of in & unto the Premises 
Granted & Conveyed in & by this Deed for & in Consideration of 
the Sum therein Mentioned to hold to them their Heirs & Assigns 
In Witness whereof I have hereunto Set mv hand & Seal the first 
Day of May 1750— 

Anna Elisabeth tofton Mason [seal] 

Tes* Ruth Gains 
Samuel Metlin 



MASONIAN PAPERS GENERAL. 277 

Province of | Portsmouth May the first 1750 then the within 
New ITampsh' \ Named Anna Elizabetli Tufton Mason Personally 
appeared & being Privately examined Owned her hand and Seal to 
this Instrument Set And atfixed that her Renouncing Granting & 
Surrendering her Right of Dower as therein Declared was her free 
Act & Deed without any Coercion Constraint or any undue Influ- 
ence whatsoever Before me 

Tho'' Wibird Jus"' Peace 

KNOW ALL MEN by these Presents That I John Tufton Mason 
Esq' Named and mentioned in the foregoing Deed having Read & 
Duly Considered the Contents and Tenor thereof do hereby approve 
of the Same & in Consideration of five Pounds to me in hand paid 
by the Grantees in the said Deed Named Have given granted Sold 
Ratified and Confirmed & by these Presents DO give grant Bargain 
Sell Convey Ratify and Confirm unto the Said Grantees in the Pro- 
portion therein Declared all & Singular the Premises Contained 
Mentioned & Named in the Said Deed according to the true Intent 
& meaning thereof — In Witness thereof I Do hereunto Set my hand 
and Seal the Eleventh Day of December 1750 and in the twenty 
fourth Year of His Majesty's Reign 

Jn" Tufton Mason [seal] 

Signed Sealed & Deliverd 
In presence of us 

James Kielle 

Noah Emery 

Province of ) December y*" 12"' 1750 then the above Named 
New Hampshire ) John Tufton Mason Esq'' Personally appearing 
acknowledged this Insti-ument to be his free Act & Deed Before me 

Tho^ Wibird Jus'*' Peace 
[Endorsed] 

Kec'd 11'" April 1753 D Peirce Heed 

Prov^ of New Hamnsh' 

Recorded Lib. 40. Fol. 305 

Exam'd D Peirce Reed' 



\_Benjamin Pratt Asks for Information, Jan. 5, 1749-50.'] 

[Masonian Papers, Vol. 1, p. 82.] 

Jan>- 5 1749 
S' 

As I have now Ingaged for the Gentleman who lately Purchased 
M"" Masons Right One material Thing there is I want Information 



278 CHARTER RECORDS. 

in & that is whether any Part of New Hampshire antiently went by 
the Name of Mason Hall or Mannour of Mason Hall or whether 
these Terms of Mason Hall & New Hampshire meant the same In- 
formation in this Point will be a Satisfaction to y'"^ 

Benj. Prat 
To M' Jeffrey 



[^Report of Oom7ntttee on Importing Settleis, July ^, 1750.^ 
[Masonian Papers, Vol. 1, p. 93.] 

Pursuant To a Vote of the Proprietors of the lands within the 
Province of New Hampshire Purchased of Captain John Tufton 
Mason Authorizing us to Treat with Henry Wallis Gentleman Re- 
lating to the Importing Husbandmen & Labourers from Europe to 
Settle & Cultivate Part of Said Lands — We have Conferred With 
him & also William Smith Esq' & W'" Jones Gent all Late of Great 
Britain Now Residing at Portsmouth in said Province &have Agreed 
with Them & Each of them Respectively That for every Such family 
or Single Free Man Which They or either of Them Shall So Import 
or Cause to be Imported & Transported & Landed here or Else 
Where Within this Province at their Joint or Several Expenee or at 
The Expenee of the Persons Respectively to be So Transported Who 
Will Engage to Settle on said Lands the Said Proprietors Shall 
Grant & Convey to the Master of Each Family & to Each Single 
Man as afores'^ all the Right Title Interest & Demand of said Pro- 
prietors to one hundred acres of Land Within their Claim to be Laid 
out in Some Place Which may Give them Encouragement to Settle 
thereon And the s'' Wallis Smith & 'Jones or either of them to have 
a Grant & Conveyance as afores^ of Fifty acies of s'^ land for every 
Family Of Single man as afores'^ Which they or Either of them Re- 
spectively Shall so Transport or Cause to be Transported between 
this & The first of .lune 17-")2 — not exceeding one hundred Families 
or free men 

Portsmouth 2'' July 1750 J Odiorne 

D Peirce 
Nath Meserve 

Province of \ At a Meeting of Said l*roprietors at Portsmouth 
New Hampsh*" \ the ninth Day of August : 1750 by Adjournment 
The Report above Written was Read & Consider'd & thereupon 
Voted that the Same be Receivd Accepted & Confirmed and that 



MASONIAN PAPERS GENERAL. 279 

Grants Shall be made Agreeable to the Tenor Intent and meaning 
thereof — 

attest : Geo: Jaffrey Propr"^* Clerk — 



[3Iasoii's Poiver of Attorney to Proprietors^ Dee. 1^^ 1/50.'] 
[Masonian Papers, Vol. 1, p. 95.] 

KNOW ALL MEN by these Presents That I John Tufton Mason 
of Portsmouth in the Province of New Hampshire in New England 
Esq'' have constituted ordain'd & made & in my stead & Place put & 
by these Presents do constitute ordain & make & in my Stead & 
Place put Theodore Atkinson Richard Wibird Samuel Solly John 
Moffatt Mark Hunk^' Wentworth Jotham Odiorne Joshua Peirce 
Thomas Packer Nathaniel Meserve George Jaffrey John Wentworth 
jun' Daniel Peirce, all of Portsmouth aforesaid Esq'' Thomas Wal- 
lingford of Somersworth in said Province Esq'' Joseph Blanchard of 
Dunstable in Said Province Esq' & Clement March of Greenland in 
Said Province Esq' jointly & severally or any Number of them to be 
my true sufficient & lawfull Attorney or Attorneys in all Causes 
moved or to be moved for me or against me Touching & concerning 
or any Ways relating to my Right Title Estate Inheritance Interest 
Pro|)erty Possession & Demand whatsoever in & to any Lands Tene- 
ments & Hereditaments in the Province aforesaid derived to me from 
Cap' John Mason formerly of London Esq'' Deceased in my Name to 
appear plead »& pursue to final Judgment & Execution with full 
Power of Substitution as they or either of my S'' Constituents shall 
think proper & the same again at Pleasure to revoke And generally 
to sav do Act transact & accomplish all matters & Things whatsoever 
relating to the Premises as fully amply & effectfully to all Intents & 
Purposes as I ought or might personally altho' the matter should re- 
quire more special Authority than is herein comprised I ratifying & 
holding valid all & whatsoever my said Attorney or Attorneys or his 
or their Substitutes shall lawfully do or cause to be done in & about 
y*" Premises by Virtue of these Presents In Witness whereof I do 
hereunto Set my Hand & Seal this twelfth Day of December Anno 
Domini 1750 

Jn° Tufton Mason [seal] 

Signed Sealed & Delivered 
in Presence of us the word 
Esq^ being interlined 

Tho-^ Wibird 

Rob' Traill 



280 CHARTER RECORDS. 

Province of New Hampshire ( John Tufton Mason Esq'^ appeared 
Portsm" Dec'' y* 12"' 1750 — \ before me and acknowledged the with- 
in instrument to be his voluntary acc*^ and deed 

Tho* Wibird Jus'^'' Peace 
[Endorsed] 
Rec'd 13"' Octo-- 1752 D Peirce Recd^ 



{^Letter to John Thomlinson, March 7, 1750-1.'] 

[Masonian Papers, Vol. 1, p. 96.] 

Portsm« March 7"' 1750— 
John Thomlinson Esq"" 
Sir — 

This accompanies the State of y^ Case & sundry Papeis as '^ 
the following Mem° relating to our right in Mason's Claim, We have 
been constantly at the Business & have made some Considerable 
Progress both in granting new Lands (t making agreements with 
those Towns that are settled & settling w''' were formerly granted 
by the Massachusetts, *&; were taken in by running the Province 
Line, & all them Towns except one have deliverd & agreed to deliver 
up to us ab* i some i Except a Town farr up called Rowley Can- 
ada who still keep of we think this is the only town or at most but 
one more that we have any Dispute with & as to the Wastes We 
have granted almost all the land within the Claim sav''' to the Society 
in some \ & in some ^ & almost all the Lihabitants here are 
pleas'd with & Engag'd in y" thing, it has cost us much Time & con- 
siderable Money, but if that will make y" People easy & we can ex- 
tend the Settlements, we shall think we have served our King & 
Country, & w*'' we trust will be lookt on in that light at home, & 
considering the Pains we have been at & the Progress made, wou'd 
it be unlikely that the Crown wou'd make (if Petitiond for) us a 
Grant at the head of this Chiim from the West Line to y*' North that 
is a Curve Line Parallel to our Former of Twenty miles deep or of 
Thirty or fourty Miles so as to meet Connecticut & so to go half 
Way over to our north Line as we find there is some fine Land in 
this last Description, of this you'll please to let us know your Judg- 
m' as to the Title of Mason's Claim you'll be better able to Judge in 
London, than our selves on the Spot, the cliief things in Dispute we 
presume are whether the Estate was entail'd or not, & if entail'd 
whetlier it cou'd be dockt in any Part of England or any Avhere else, 
excei)t in this Province where the Land lies, we have l)een sometimes 



MASONIAN PAPEKS GENEKAL. 281 

alainiM witli the Title of the million acre Grant so Call'd, & some- 
times with Allen's Claim, but as yet no Action Bionoht — The Heirs 
of Allen have frequently oifer'd us Terms of Accommodation to 
which we have given no Positive Answer But on the whole judge 
they have no lii^ght — We are in the Behalf of the Society — 
vour most H Serv'^ at Command 



Letter from Governor Wentworth to the Board of Trade, March 
23, 1750-1, State Papers, Vol. 18, p. 390. 



\_Letter, Thomlinson to Feirce, July 24-, 1751.'] 

[Mason ian Papers, Vol. 1, p. 98.] 

London y« 24"> of July 1751 
M'' Daniel Peirce 

Sir 

I have Your fav"' of y" 20"' of May now Before me, Incloseing 
me Sundry papers respecting M'' Mason's right &c, I have but just 
had time to look them over but there are not Amongst them the 
papers which I mentioned to You, And which were Among these 
papers When 1 Sent them to Your Province, The first Was a Case 
drawn by M'" Sliarpe, fully Setting forth John Tuffton Masons Claim, 
and had been Laid before the Then SolP General for his Opinion, As 
to Masons right only, And the Soil'" Generals Opinion at the foot in 
fav"" of Mason, the other was a Bond Given by M"^ Allen to M' Mason 
for a Large part of His purchase Money, And which had not been 
paid And discharge. And their are Some other Material papers not 
liere. And One i)articularly, that proves the present John Tuffton 
Mason to be the decendant And Heir of Mason the Original propri- 
etor. 

You Say in Your Said Letter, that You are Come to this resolu- 
tion (if I Think it Feazible) to ])iti"on the King. I am So far from 
thinking Any Attempt of that Sort right, that I think it would be 
the wrongest Step that Could be taken. And could only tend to im- 
barass and Confound the affair, and at Monstrous Expence of time, 
Trouble, & Money. And after all, the grand question will remain 
Just where it is:" That is. Whether the right is with You, or the 
Heirs of Allen. Who Are So far from Being a Sleep, that they are 
at this verv time in treaty w"' Some Gentlemen here for the Sale of 



282 CHARTER RECORDS. 

their Said right, beside, how woukl an Application of this Sort be 
lookd upon By his Majesty in Council, in Oposition to Allen's right, 
which has niver regularly been impeached or Call'd in question, but 
Stands reserve'd in Express terms, in the Charter of the Massachu- 
setts Bay, and has all ways been reserved in the proceeding on the 
Settlement of the Boundarys, and all other proceedings, No Sir, Your 
first & principal point must be, to Make good & Establish Your right 
and Title beyond Contiiversy, And then I make no doubt, but You 
will Easily Obtain Every Encoragement the Crown can give You, 
in preportion to your proceeding in the Settling the province, — 

Since I Set down to write this Letter, I have been with a Friend 
of mine, who is also a particular Friend to the Heirs of M"^ Allen, 
And has desired him to Endeavour to get them to pospone the fin- 
ishing of the Treaty they are upon, for the Sale of their right in this 
affair, untill I can hear from Your Self and Company, And I have 
Learn'd from him that John Hobby of Barbados has a right to one 
Half of M-" Allen's Claime, And that M^ John Adams of Barbados 
(who is now in Boston) is Attorney to the Said M' John Hobby, 
Therefore, if I might Advise, it Should be That You Emediately 
Apply to the Said M^' John Adams, and let him know properly, how 
the thing Stands as to the precariousness of Allen's Title, as You 
have Set forth in Your Case, and also, that the purchase Money was 
niver paid by Allen to Mason, as will appear by the Bond I have 
mention'd, if You can find it, and Endeavour (for the Sake of Avoid- 
ing a Long & Troublesome and Expensive Littigation) to Buy of 
him M'' Hobbys riglit to his one half of Allen's right, and then give 
me directions to purchase of M""" Allen here the Other half. This is in 
My opinion the only wa}^ You Can Succeed in. And Suppose it 
Should Cost You Two Thousand pounds (or More) Sterling Yet I 
think it would be the very Best Method You could take to Obtain 
an Absolute quietous, and Sucli a perfect Title, So that You might 
Apply to tlie Crown for Any Indulgence You may want, and this 
will not only be the Best method You Can take, but in the Long run 
the Cheapest as well as the Safest, for by the Method You propose, 
You may Spend some Years, and As Much money as I have Men- 
tion'd, and be glad to Sett down where You now are, for I cannot So 
far flatter You, as to Say that Any thing that comes from Your prov- 
ince, or its inhabitants, can hope for much indulgence, I cannot Say 
that I meet with any disrespect in my private Capasit}', But as 
Agent for Your province, I frequently meet with reproach, and altho 
I am Satisfied as well as You Can be, that You are not all rebells. 
Yet I am often told So, and by Some of the first in the Administera- 
tion, Nay and even worse than this. And it is not in my power to 



MASONIAN TATKUS GENEltAL. 283 

help, or to avoid it, or Can I intermedle in this affair farther than to 
Endeavour to Excuse tlie Bulk of the Inhabitants from Such hard 
names. I have long Expected that Something would have been done 
to have Set you right, and I Still expect it will Soon be done, but in 
what manner I cannot Say — And now I have only to hope, that upon 
the receipt of this, that You will purchase i\P Hobby's right of M'" 
Adams, and give me directions to treat with M"" Allen, and Limitt 
the Sum I am to give her for her half, and let me have Your order's 
as Soon as may be, for the person's in treaty with her, are Such as I 
or You, would not Care to have any dispute with, and Such as the 
Inhabetants of the Province would not care to have Lords over 
them — 

Sir Your most hum' Ser*^ 

John Thomlinson 
To ]\P Daniel Peirce 



Letter about ^NLisonian title, Oct. 16, 1751, State Papers, Vol. 6, 
p. 893. 



\_Lette7', Atkinson to Thomlinson^ Oct. 19., 1751.'] 

[Masonian Papers, Vol. 1, p. 100.] 

Sr 

Upon Daniel Peirces Com'unicating your Letter (to him) of the 
24"' of July Last to the Purchassers of Masons Right We were by 
them Appointed to give you their thanks for the Trouble you had 
taken in that affair and to Acquaint you that we Can't but flatter 
our Selves we have an undoubted right to all the Land mentioned in 
Cap' Mason's Deed to us which Includes all the Land his Predices- 
sor Cap' John Mason had in this Province Excepting Some Trifle he 
had before Convey'd to the Government of the Mass** & what we by 
Vertue of our Purchass have by Quit clame & Grant Divested our 
Selves of, P)y our Quit claim we have Quieted all tiie old towns & 
by our Grants a great Part of the residue We have now Engaged 
Some of the best Council in New England & Soon Expect A more 
compleat & minute State of the ('ase than has ever yet appear'd 
which we Shall Soon forward you & Doubt not but you with the rest 
of mankiiul will be thereby Convinced that We & we only have the 
right to the Premisses as to the heirs of Samuel Allen Esq We Sup- 
pose they & we Shall Agree in this Viz. John ]Masou Esq was Seized 
in fee of the Premisses & that by his will they were Intaild upon his 
Grandson John Tufton (he Changing his name & taking the name 



284 CHARTEll RECOflDS. 

of Mason) & the heirs of his Body Lawfully begotten remainder to 
Robert Tiifton, younger Brother to John — Remaind'' to&c'^ &c^ &c — 
these Two John & Robert when their Grandfather Died being very 
young Reniain'd in England till they both came of Age (During 
this Time their Grandfather's Tenants rose up with every thing) 
when they came over here met with a Cold & bad i-eception Could 
get nothing unless the wast & unimproved Lands So that nothing 
material was done by him, he Dies liere & without Issue, Robert his 
Brother & next Heir intail, also Dies here (without Doing any Mem- 
orable thing) & Leaves Issue John & Robert his Sons — So far Allen 
& we Agree & here we part these Last John & Robert both Joyn In 
Docking the Intail (as they call it) by Sueing out a Com'on recov- 
ery or fine & recovery or both at Westminster in England this done 
they Sell the whole to Samuel Allen of London Merch' the Pur- 
chass Consideration or far the greatest part Still Unpaid & now 
due by bond & in our Hands Now this we Say is illegal those 
recoveries by Law being local & must be Sued out in the 
County where the Land Lyes, and at that time & near Twenty 
years before we in this Province had a Civil Government 
Established & Courts of Com'on Pleas & Judicature regularly 
Appointed & in full Exercise So that John & Robert (the Intail in 
John Mason's Will being unaffected) could Sell only their right 
which was only for Life — Pause here — for here we stand & Say tliat 
Maugre all that was done by John & Robert the Estate by the Will 
afores^ Decends to John Tufton Mason Who regularly Sues out a 
Com'on recovery in the Court of Com'on Please here takes Posses- 
sion in form & Sells to us the whole, we Imediatly Quit claim to all 
the Inhabitants then regularly in Possession by Grants from this 
Province — then take actual Possession of the residue & Grant it in 
Townships reserving Each of us a Single right in Each Town in 

two three 

Com'on with the Grantees & 2 or 3 Publick Lotts for Ministry &c'' 
&G^ thus we have Settled all those Lands on the West side of Merri- 
mack river heretofore granted & in Some measure Settled by the 
Massachusetts Governm' before the runing the Divideing Line of y" 
Governments & We think y'^ People here in general are tollerably 
Quiet we have now Several thousand People Settled on these Lands 
by Virtue of our Grants & y* wee have quit claimd & we have not a 
great deal of Land Left for our Selves Considering the Quantity we 
have Generously Quit claim'd to & given away without ever have- 
ing receiv'd one farthing Consideration from the Settlers we have 
Spent great Part of our Time for Three years [)ast in granting & 
Setling those Towns haveing Seldom Misst one Week meeting to 
transact those affairs & when we ever paid the whole Expence never 



MASONIAN I'Al'ERS GENERAL. 286 

Suffering Any Petitioner to pay A Penny we have now at Least Ten 
Towns under Actual Improvements & Settlers upon them Some liave 
oO or ()0 families on them these togeather with our Surveys & Plotts 
Plans &c" you must be Convinced have Cost us a very great Deal of 
Pains & mone}' by which we a Compleat Actual Possession & in few 
Years Shall have (baring an Indian Warr) Ten thousand Inhabi- 
tants on this Wilderness land thus you have A General View of our 
Title & Transactions — now to recurr to Aliens Pretentions — Sam" 
Allen Esq'' mentioned above was by King Will'" & Queen Mary 
about the year 1690 appointed Governour of this Province Accord- 
ingly he come over & Com'enced Several Law suits but failed here & 
in England & never recovered any thing he Died at New Castle 
while Governour he Left one Son & four Daughters Three of his 
Daughters now Liveing here Viz the Widow of y" Late Leu' Gov- 
ern"" L'sher ]\P'' Walton wife to George Walton Esq' & a maiden the 
other is Dead but has Left a Numerous Issue She was Marryed to 
Cap' Steel of Boston who is also Dead Now all these by the Law of 
our Province are heirs to Samuel Allen Esq"" Deceased Intestate & 
all Lands So left in this Province by Law are Subject to the pay- 
ment of Debts & are Divisible to & amongst All the Children of the 
Deceased the Eldest Son only having a Double Portion this is our 
Law by which every Estate has been ever Settled tis remarkable 
that the first & only Law for this Division was Enacted hei-e when 
Governour Allen was Governour of this Province & therefore is in 
a very Perticular manner his will as well as his Act if this be So & 
So it is you '1 Easily See that Thomas Allen the Son of Sam" could 
have but i of the Estate the Other §=* must go to the four Sisters & 
their representatives now tis Plain by Deeds upon our records that 
this Thomas Allen Sold by 2 different Deeds one half of the whole 
by Meets & Bounds (that is Bounds out the whole Tract) to Carle- 
ton Vandbrough agent for S"" Charles Hobby one I part of the Whole 
& by one other Deed Directly to S' Charles he Sells one i part more 
& mentions in this Last Deed the Deed to Vandbrough & Compleats 
the Sale of one i So that if the Allen you mention is the Son of 
Thomas & Granson of Sam" his father under Whom he Claims has 
Sold A greater Shear than he had in the Premises & therefore his 
Son can have no right As to the 4 Daughters of Sam" now here or 
three of them & the representatives of the fourth we Expect no 
Trouble from them for we must tell you further that Samuel Allen 
Esq"" Did in his Life Time by Deed Mortgage the whole by Meets & 
Bounds from Naumkeeg to Piscataqua to his Son in Law John Usher 
Esq'' for £1500 every farthing now Due this Deed regularly upon 
record here near fifty Years ago & in Consiquence hereof Possession 



286 CHARTER JIECORDS. 

& Seizen taken of all the Wast Lands before Wittness in the most 
regular manner & the wittneses Sworne & all this recorded with the 
Deed of Mortgage & by our Law the Equity of redemption has been 
Lost about forty Seven years now after this what Pretentions can 
any of the heirs of Allen have & all this is really fact & may be 
Prov'd from the records here; as to M'^ Adams who Appeared for 
M' Hobby the Grandson of S'' Charles he is now gone to the West 
Indias Again & we believe he never will make Any Attempt we 
have ofterd to Shew him a Defend' & a Piece of Land to Comence a 
Suit against where we will Pinn the Issue upon one Single Point 
whether the Tittle is Still in Mason & So in us or in Allen's family 
but he, we think is Convinced & will give us no Trouble — S'' Charles 
Died hitestate & Left one Son & Two Daughters all three now 
Dead but Left Issue Each of them So that they would be greatly 
Perplexed to fiude tlieir Perticular Litrests if they could hold what 
S'' Charles bo' of Thomas Allen — We have now got Possession of 
Ever}^ Inch of the Premises & make no Doubt of holding of it 
Against any Claimer We Should be Sorry if we Should meet any 
new start in our title but fear Little from the old — If these hints 
which you may rely on as matters of fact are worth your takeing 
notice of So as to get the Oppiuion of Abler Council than we here 
can Pretend to, it answers our End if not we Shall have as men- 
tioned above a State of the Case Soon to forward to you Pray Let us 
hear from you on Each of the heads above mentioned in the mean 
Time we cannot See our way Clear in makeing Any Proposalls 
Either to Allen or Hobby how ever we may be Induced to Alter our 
Oppinions upon Any New or further Information 

Our Attorneys recommend it to us to beg y* Favour of you, to stay 
mrs Allen's Proceedings if you can 'til you & She sees y* above 
mention'd State which is now preparing & will We hope be ready to 
go bv the Wilmington when you sliall also have a Plann of y" Prov- 
ince" with all y*' Towns laid down which were granted either by 
y" Governments or our Selves by which you & others will See how 
much we are possessd off — Our Attorneys also recommend that you 
would not mention y*" Council you design to advise with — D. Peirce 
sent you last Spring by y'^ Wilmington in a Seperate Letter a State 
of Mason's Claim underwrote (we think) by M'' Sharpe & if that is 
not y® Paper you mean we despair of finding of it — Gov"" Allen's 
Bond or a Copy of it &y® Proof of y^ present Cap' Masons being 
Linially and lawfully descended from Cap' Mason y" original Pat- 
entee you may depend upon by v'' above mentiond Ship — 

We are Yours &c^' ' TA: DP:— , 

Sent Via Boston in Cap' Phillips — 



MASONIAN PAPERS GENERAL. 287 

S"" the above is Copy of what we wrote '^ Philips we have not as 
Yet been able to get the Sate of the Case we mentioned in our Last 
our Council at Boston not haveing finished it but hope Soon to for- 
ward it to you — as to M"" iVllens Bond to Robert Mason that Did not 
belong to us if worth Any thing So tis now in Cap* Masons Custody 
we have Some Agreements now by us between those Parties wherein 
Allen was to Pay Mason Sund'-^' Sums of Money &c"^ &c'^ but as they 
(we think) cannot Effect the Title do not Copy them for your Perusal 
We have now Selected Some of the many Testimonies we have to 
Prove the regular Decent of the family of the Tnfton Masons Down 
to Cap' John Tufton Mason of whom we Purchased & have it 
unquestionably Proved by many more & with many more Perticu- 
lars than in those we now Send &; if necessary can now have fifty 
I^iveing Evidences to the Same how ever we think that matter will 
nevei' be Disputed — we Now to make the matter at first View more 
Explicit Send you A Co])}^ of y* Detail of Cap' Masons Pedigree 
which we found Amoungst his Papers with the other evidences — we 
also novr send you a Plan of tlie Province in which youl Easily See 
what Towns & Tracts we have Quieted our right to being a long 
time Settled before we Purchassed also those Tracts or Towns 
granted by the Mass'^ before the runing the Province Line with 
whom we have also Comprimized Matters & they now hold under 
us — you will also observe by the S" Plan what New Tracts we have 
granted to new grantees the greatest parte of those Towns are 
Actualy Settled & have many Inhabitants on Each of them which 
will be greatly Licresed this winter & every one of the Others 
Entred upon &c" — we Shall Soon do our Selves the Pleasure of 
writing you again & hope to forward the State of the Case & 
Are your Very Humble Ser' 



T A— 



Copy "^ y'^ Wilmington 
Cap' Penny — 

Mem" with this Letter Sent 
N° 1 Copy of Coll Waltons Evidence 

2 D" Henry & Sarah Shervurne 

& Susanna Johnson 

3 D" Cap* Jos: Sherburnes D° 

4 Copy of the Pedigree in Links 

5 A Plan of y*' whole Prov® 



D« 



288 CHARTER RECORDS. 

\_Letter from John Thomlinson, March 6, 1752.'] 
[Masonian Papers, Vol. 2, p. 1.] 

Loudon y*" 6'^ of March 1752 — 

Sir's 

Your Favours of y'' W^ of Oct'' & 29'" of Nov', are now both be- 
fore me, and I Should be very glad to See the case You have long 
promised to Send me, and Then I could Soon have Such opinions 
upon it That would Satisiie me, witli respect to the Right of Mason, 
or Allen, for all the long Accounts of What You have done, or are 
about to do, will not Avail you a Rush, without first Establishing 
Your just & Legal right, and the Single point is. Whither, or no, the 
Fine & Recovery Sued out in Westminster hall was legall, or not, if 
it was legal. You have no right, if (as You Say) it was illegall. Then 
for Any thing I at present know off. You have a right — 

You Say You have in Your hands a Bond unpaid, for the purchase 
money, or for the Greatest part of it. If your right is defective on the 
other point, I cannot Say how far that May avail You, But I believe 
that Bond is not for the Whole, or the greatest part of y^ Purchase 
Money, besides, it has been Sujested here that, they (I mean the 
Heirs of Allen) will be able to prove the payment of y^ Whole, not- 
withstanding this Bond, But I cannot Say any thing to that Matter, 
But at present I cannot help Expressing My Fears, That Your grand 
point will fail You, That is, the Fine Sue'd out in Westminster hall 
will be deem'd legal, or how Should Aliens right. And not Masons, 
be reserved in the Charter granted afterward to the Massechusetts 
Bay, as Certainly the Ablest Lawyers in the Kingdom, were Con- 
sulted & Employ'd in Settling that Charter, And undoubtedly Allen 
Must than have been Calld upon, to Make good & prove his right, 
before Such reservation could be introduced, However, I Shall be 
glad to have Your Case And one or two good Opinions upon it, And 
let it be as it may, I am Still of Opinion, that my advice to You to 
purchase of the Aliens & others Claimers LTnder Allen, if they can 
be Come at, and it could be perfectly done for £1500 or <£2000 Ster- 
ling, would be the Best Method You could Take, for I think if this 
affair comes to be Litigated, it may Cost Each party (at Least) that 
Sum and one Side must at last Set down with the Loss, and this 
Must be the Case, And I Suppose Soon, for I find By M'' Samford & 
M' Adams, that Gibson has Now Actually purchased of M" Allen, 
be half for £750 Sterling, And to Make the payment, and finish at 
Lady day Next, and I am told that Some person's of Consequence 
are Concern'd with him. This I hinted to You Some time since. 



.AIASONIAN PAI'EIJS CENKUAL, 289 

would be the Case, and that I Endeavourd to keep it oft" as Long as 
I could. This is the Best account of this Matter, as well as the Best 
opinion I can have of it at present, And am with great Truth 
Gentlemen Your Most hum' Ser' 

John Thomlinson 
To Mess^** Theo: Atkinson Daniel Peirce 



[^Receipt for Papers, Sept. 4-> 1753.~\ 
[Masonian Papers, Vol. 2, p. 3.] 

Portsm" Sep'"" 4'^ 1753 Rece'' y'^ under written Papers of Joseph 

Blanchard Esqu"^ viz' 

N" 1. The Charter— the Plan-& Schedule 

2. The Charter — the Plan-Schedule and Vote 

Peterborough slip The Charter — the Plan-Schedule & Vote 

Middle manadnack / ^n /-.i, 4^ 4.1,01 i i i s ^t >. 

, ^o cf [ J he Charter the Plan -schedule & Vote 

North manadnack ) r,^, t^\ t. j-i rn i 1 i e ^r 4. 

-..„ o \ 1 he Charter the Plan-schedule & Vote 

or jN° o — ) 

Manadnack N° 5— The Charter— the Plan & Vote 

Manadnack N'' 6 — The Charter — the Plan & Vote 

Manadnack N° 7 — The Charter — the Plan-Schedule & Vote 

New Concord or N" 8— The Charter the Plan & Vote 

Dantziek — The Charter the Plan & Vote 

Hiedlebourg — The Charter — the Plan & Vote 

Alexandria — The Charter — the Plan & Vote 

Cap' David Baldwins Counterpart for his farm 

for which gave S'' Blanch'' Rece' 

f G J P"- CI 



{^Lords of Trade to King., 1753,'] 

[From " Lords of Trade, 1753." etc., in office of secretary of state.] 

Copy of a Representation of the Lords of Trade to King George II 
respecting New Hampshire, 1753 — 

TO THE KINGS most EXCELLENT MAJESTY 
May it please Your Majesty, 

Having in Our Representation to their Excellencies the Lords 
Justices dated the 9"' of July 1752 laid before their Excellences the 
disordered State of Affairs in Your Majestys Province of New Hamp- 
19 



290 CHAKTEE RECORDS. 

shire in America, And also a State of tlbe difiticultys and Obstructions 
Your Majestys Governor of the said Province have Met with in the 
Administration of Government and in carrying into execution Your 
Majesty's Orders and Instructions for the better Ordering and Rul- 
ing the same, Arising from the Assemblys, having refused to pay a 
due Obedience to Your Majestys Additional Instruction Dated the 
9"' of June 1749, relative to the Right of certain New Towns and 
districts to send Representatives to the said Assembly ; We shall 
now humbly beg leave to lay before Your Majesty a State of several 
Other difficulties and disputes, which have lately Arisen within the 
said Province with respect to the property of Lands, by which the 
Peace and good Government of it, have been Affected, And its fur- 
ther Improvement and Cultivation greatly retarded and Obstructed. 

The Points which have principally given rise to these difficultys 
and disputes are 

1*' A Claim lately set Up to the waste and Unimproved Lands in 
the said Province by John Tufton Mason, One of the Surviving 
Grandsons of Robert Mason to whom the said Province devolved 
Upon the Death of his Grandfather John Mason, who held the same 
Under a Grant from the Council of Plymouth in the Year 1629. 

2'^ Grants made by the Provinces of the Massachusets Ba}^ and Con- 
necticut of certain large Townships or Tracts of Land, which Town- 
ships or Tracts of Land, by the Boundary Line drawn between that 
Province and the Province of the Massachusets Bay in the Year 
1738, Appear to have been. At the very time of making the Grants 
by the Massachusets and Connecticut Colonies, a part of the Prov- 
ince of New Hampshire 

3'^ The Uncertainty of the Western Limits of the Said Province 
of New Hampshire, Arising from the Boundary Line or Line of Di- 
vision between the said Province and the Province of New York not 
having been as Yet Settled or ascertained 

As several Questions have Occurred to Us Upon a Consideration 
of the Two former of these Points, relative to the Property of Lands, 
Upon wliich it was Necessary to take the Opinion of Your Majesty's 
Attorney and Solicitor General before we could make Our report; 
We lost no time in preparing pro])er States to be laid before them ; 
And having lately received their Answer, We shall humbly beg 
leave to Lay before Your Majesty a full State of every Circumstance 
which has come to Our knowledge with respect to the Several Afore 
Mentioned Points, together with Our Opinion of what may be proper 
to be done to remedy this evils Complain'd of — 

King James the first by Letters Patent dated the 3'' of June 1620 
granted all that Tract of Country since called New England lying 



MASONIAN PAPERS GENERAL. 291 

between the Latitudes of 40 and 48 Degrees of Northerly Latitude, 
to Sir Ferdinando Gorges and Thirty Nine Other Adventurers Under 
the Name of the Council established at Plymouth in the County of 
Devon for the planting, ruling and Governing New England in 
America. 

By Virtue of this Grant and Under the Powers and Authorities 
therein contained the Council of Plymouth did by Letters Patents at 
different times parcel out their Territory to Associate VI Companies 
and private Adventurers from which Patents the several Provinces 
and Colonies, of which New England is Now composed, have 
Arison — 

The Limits and Boundary Lines described in tliese Patents which 
are either Merely imaginary or which depend Upon the Courses of 
Rivers at that time very little, if at all known, are so exceedingly 
Vague and Uncertain, and the Limits of the Province interfere so 
much with those of another that it is not to be wondred that very 
Vexatious and expensive Controversies and disputes, with respect as 
well to property as Juridiction, soon Arose, and all tho' the Limits of 
each Colony were Ascertained and the different Claims of the Pro- 
prietors Adjusted in the Year 1665 by Commissioners Appointed for 
that purpose, Yet, as the judgments and Decrees of those Commis- 
sioners were not finally Confermed here, such determinations had lit- 
tle or no Effect to putting an end to these Disputes. 

It is partly Owing to the Contro verses and disputes, which are 
still subsisting in some of these Colonies, and in perticular in New 
Hampshire And partly to the incapacity of the proprietors and their 
Neglect to Comply with the Terms and Conditions of those Grants, 
that this part of America, where there is an inexhaustable Fund of 
Naval Stores of all sorts and Many Other Valuable Productions, has 
not been Improved to that extent it is capable of; and the largest 
and most fertile part of New Hampshire lies at this Day an Useless 
waste, and rather a Burthen than Any Advantage to the Publick. 

The Council of Plymouth, by Indenture Under their Common Seal 
dated 7'" Nov'^ 1629 granted IJnto Captain John Mason, his Heirs 
and Assigns all that part of the Main Land in New England 
lying Upon the Sea Coasts, begining from the Middle part of Merri- 
mack River, and from thence to proceed Northwards along the Sea 
Coast to Piscataway River, and so forwards Up within the Said 
River and to the farthest Head thereof, and from thence Northwards 
Untill Threescore Miles be finished from the first entrance of Piscata- 
way River, and also from Merrimack thro' the said River and to the 
farthist Head thereof, and so forwards Up into the Land Westward 
Until Threescore Miles be finished, and from thence to cross Over 



292 CHABTER RECORDS. 

Land to the Threescore Miles End Accounted from Piscataway 
River. 

This Tract of Country was in Consequence and by express Direc- 
tion of the Patent called New Hampshire, and the Grantee Obliged 
himself to establish such Government therein As should be Agreeable, 
As Near as might be to the Laws and Customs of the Realm of Eng- 
land, with Liberty of any Person Aggrieved to Appeal to the said 
Council of Plymouth. 

In consequence of this Grant Captain Mason was (as is Alledged by 
him) At considerable expence in sending Over Persons to plant and 
Settle in this Country, And in erecting Forts and Other Buildings and 
Habitations ; And it does Appear from several Testimonies Made 
Use of in some Actions brought by his Grandson Against the very 
Persons he had sent Over, that Considerable Improvements were 
Made. 

In 1635 the Council of Plymouth by Letters Patents dated the 
22*' of April Confirmed their former Grant of New Hampshire to 
Captain Mason with an Extension of Limits, which in the Said Let- 
ters Patents are discribed in the following words "All that part Pur- 
" part and Portion of the Main Land of New England begining from 
" the Middle part of Naumbeck River, and from thence to proceed 
" Eastward along the Sea Coast to Cape Anne, and round about the 
" same to Piscataway Harbour, And so forwards Up within the River 
"- of New wick wan nock and to the furthest Head of the said River, 
" And from thence Northward till Sixty Miles be finished from the 
" first entrance of Piscataway Harbour ; And Also from Naumkeak 
" thro' the River thereof Up into the Land West Sixty Miles, from 
" which Period to Cross Over Land to the Sixty Miles end Accounted 
" from Piscataway thro' Newickwanock River to the Land North- 
" westward as aforesaid. 

The eastern Limits of the Second Grant Appear to be the same As 
those discribed in the first, but are extended to the South west as far 
as the River Naumkeak, which is about Twenty Miles to the West- 
ward of Merrimack, the Western Limit of the former Grant ; which 
Tract of Country lying between the said two Rivers and extending 
to Three Miles North east of Merrimack, had been Granted by the 
Council of Plymouth to the Massachusets Colony in the Year 1628 
prior to the first Grant to M'' Mason and is Now part of that Colony. 

It is alledged that this last Grant to M' Mason was ratified and 
Confirmed by the Crown by Charter dated the lO'*^ of August 1635 
with full power of Civil Jurisdiction and Government ; but JVo Such 
Charter as this Appears Upon Record. 

In the year 1635 Captain Mason having No immediate Issue then 



MASONIAN PAPERS GENERAL. 293 

Living (his Daughter who had Married Josepli Tiifton Esq"^ being 
Dead) by his Will dated the 26"' of November devised amongst 
Other things to his Grand Child John Tufton and his Heirs all his 
Mannor, Messuages, Lands, Tenements and Hereditaments in New 
Hampshire, except some inconsiderable Legacies Upon Condition of 
his Changing his Name to Mason ; the remainder to Robert Tufton, 
the Brother of John Tufton and Other persons mentioned in the 
AVill. 

Upon the Death of Cai)tain Mason in the same Year or soon after, 
New Hampshire by Virtue of the Afore mentioned Devise came to 
his Grandson John Tufton, but he Dying without Issue, the Limita- 
tion Over to Robert Tufton took Effect ; but he being at that time a 
Elinor, and not coming of Age till 1650 the Servants and Agents 
which his Grandfather had sent Over to New Hampshire taking 
Advantage thereof. And of the Confusion of Affairs of England At 
that time, when No redress could be had, embezzled and sold his 
Stock and Effects, and put themselves Under the Government of the 
Massachusets Colony, who then exercised Jurisdiction in New 
Hampshire. 

Soon after the Restoration M"" Robert Mason (for Robert Tufton 
the Younger Brother had now taken Upon him that Name In Com- 
pliance with his Grandfathers Will) presented a Petition to King- 
Charles the Second, Setting forth the unjust and illegal Encroach- 
ments of the Massachusets Colony Over his property and praying 
that Justice jVIight be done him ; which Petition was referred to Sir 
Geoffry Palmer, then Attorney General, to Consider of his Title to 
the Country who reported that his Title was good : And Neverthe- 
less in 1675 We find M"" Mason presenting a second Petition to the 
same Effect as the former ; Upon which his Title was again referred 
to the Consideration of Sir William Jones and Sir Francis Winning- 
ton, the then Attorney and Solicitor General, who LTpon considera- 
tion of the Several Patents Under which Mason Claimed, reported 
that he had a good and legal title to the Lands conveyed by them. 

In 1679 the Crown took the Government of the Province of New 
Hamjjshire into its Own Hands; and a Commission passed the 
Great Seal Appointing a President and Council to Govern the Prov- 
ince in which Commission AP Masons Title is JNIentioned in the fol- 
lowing words, 

"And whereas the Inhabitants of the Country have long been in 
"possession and are said to have Made Considerable Improvements 
"on the Lands they hold, but without any Other Title than what 
" have been derived by the Government of Boston in Virtue of their 
" Imaginary Line, which Title as it has by the Opinion of the Judges 



294 CHARTER RECORDS. 

"here been alltogether set a side, so the Agents of Boston have con- 
" seqiiently disowned any right either in the Soil or Governm' from 
"the three Miles line aforesaid: And as it Appeared that the Ances- 
"ters of M'' Mason Obtained Grants from the great Council of Ply- 
" mouth for this Tract, and were at very great Expences Upon the 
"same till Molested and finally driven Out which hath Occasioned a 
"lasting Complaint for Justice by the said M'' Mason ever since the 
" Restoration : However to prevent in this case any Unresonable 
"Demands which may be made by M' Mason for the Right he 
" alledged to the Soil, we have Obliged M'' Mason Under Hand and 
" Seal to declare, that he will demand Nothing for the Time past 
" Until the 24^'' of June 1679, nor Molest Any in their possessions 
" for the Time to come but Make out Titles to them and their Heirs 
" for ever ; provided they will pay Unto him by fair Agreement in 
" lieu of all their Rents Sixpence in the Pound According to the 
"just and true Yearly value of all Houses Built by them, and of all 
" Lands whether Gardens or Orchards Arable or pasture, which have 
"been improved by them which he will agree should be Bounded 
" Out unto every of the said Parties Concerned And that the Resi- 
" due might remain to himself to be disposed of for his best Advan- 
" tage : But if Notwithstanding this Overture from M'' Mason which 
"seems so fair Unto Us Any of the Inhabitants there should refuse 
" to agree with his Agents tJpon these Terms, You are impowered to 
" interpose and reconcile all differences if You can ; but if Not, You 
" are to send home such cases fairly and impartially Stated together 
"with Your Opinions that we may at Our Council Board, with 
"regard to M'" Masons Antient Right and the long possession, 
"Improvements or any Other Title of the inhabitants, determine 
" therein according to Equity." 

In 1680 M"" Mason went Over to the Province to prosecute his 
Title, and altho' many of the Inhabitants at fii^st Appeared willing 
to Submit to it. Yet as the Members of the Council were proprietors 
of the greatest part of the cultivated Lands, they Made Use of all 
their Interest and the Influence which their Situation and Charac- 
ter gave them to prevent his getting possession And they so far 
prevailed that he was at length Obliged to commence Suits in the 
Courts there against some of the principal Proprietors ; while these 
Suits were depending, M"^ Mason in Order to Strengthen his Interest 
at home made a Surrender to the Crown of all Fines and forfeitures 
in New Hampshire, and of One fifth of the Rents and Revenues for 
the Support of Government. 

In 1681 a Commission passed the Great Seal Appointing Edward 
Cranfield, Esq'^ Lieutenant Governor of New Hampshire, in which 



MASONIAN rAl'ERS GENERAL. 295 

Robert Mason Stiled therein Proprietor And Eight Others are Ap- 
pointed Councillors : and there is a Clause inserted in it recognizing 
M"" Masons Title in the same words as that inserted in the former 
Commission 

It does not Appear that the Authority or Influence, which it 
might be Supposed would be derived to M"" Mason IVom this Com- 
mission had any Etiect to reinstate him in the possession of his 
property, the Inhabitants still continue to contest his Title, tho' Sev- 
eral Judgments were given in his favour in the Courts there, One of 
which was Upon an A})peal Confirmed by his Majesty in Council. 

In about the Year 1685 M'^ Mason returned to England, where he 
Died,* leaving the Province of New Hampshire to his two Sons 
John and Robert Mason who in IGDOf Sold it to Samuel Allen of 
London for Two Thousand Seven hundred pounds, having first Sued 
Out a Fine and Recovery in Westminster Hall in Order to bar 
the Entail. 

The first jNIention Made of M' Aliens Title after this purchase is 
in the Charter granted by King William to the Massachusets Bay 
in 1691, where his Right is reserved in the following words, viz*. 
" Provided also that Nothing herein contain'd shall extend or be 
'' Understood or taken to impeach or prejudice any Right, Title, 
'' Interest or demand, which Samuel Allen of London Merchant 
"■ Claiming from and under John Mason Esq"" deceased, or any Other 
"• person or persons hath or have, or Claimeth to have, hold or enjoy 
" of into or out of any part or parts of, the premises Situated within 
"the Limits Above Mentioned, but that the said Samuel Allen and 
" all and every such person and Persons may and shall have hold 
" and enjoy the Same in such Manner (and no Other than) as if these 
"presents had not been made. 

In 1691 M"^ Allen was Appointed Lieutenant Governor of this 
province who brought Many Actions in the Courts of Justice there 
against the Inhabitants in the possession of the Lands he Claimed, 
but a Verdict was given against him by the Jur}' in every Action. 

In 1697 Lord Bellomont was Appointed Governor of all New 
England, by which M*" Allen's Commission as Governor of New 
Hampshire was Superseded. 

In 1702 Col° Allen brought an Appeal to her Majesf^y in Council 
from a Verdict and Judgment given against him in the Superior 
Court of Judicature in New Hampshire the 13"' of August 1700 in 
favour of Richard Waldron who at that time possessed the largest 
Quantity of Land in New Hampshire ; which said Judgment was 
Upon an Hearing of all Parties Affirmed. But in regard the Judg- 

•In marpin. This is a mistake, He died at Esopus in New York 1688. 
tin margin, " 1691." 



296 CHARTER RECORDS. 

ment was Not final in its nature, the Order directed that the defend- 
ants should be left at Liberty to bring a New Action in Ejectment 
in the Courts in New Hampshire in Order to try his Title to the 
Propriety of the Lands in question or certain quit Rents Payable 
Out of the same and that in case Upon such Trial any Doubt in Law 
should Arise, the Jury be directed to find the Matter Specially, that 
is, what Title the Appellant And Defendant do severally Make Out 
to the said Lands in question and that the Points in Law should be re- 
served to the Court before which the Same should be tried, or if Upon 
Such Trial any Doubt Should Arise concerning the Evidence given 
at such Trial such Doubts Should be speciall}^ Stated and taken in 
Writing to the end that in case either party Should think to Appeal 
to her Majesty in Council from the Judgment of the Court therein 
Her Majesty might be more fully informed in Order to a final deter- 
mination of the Said Case. 

While this Apj^eal was depending before her Majesty in Council, 
M"" Allen presented a Petition praying to be put in possession of the 
waste and Unimproved Lands in the said Province ; And on the 28"' 
of January 1702/3 his Petition was referred to the Attorney General 
for his Opinion 1*^ whether M"" Mason had a Right to the Waste 
Lands in the Province of New Hampshire, 2'"'' What Lands in that 
Province were to be reputed waste Lands, and 3'"-^' By what Methods 
her Majesty might put him in possession. Upon the 5'*^ of April 
1703 the Attorney General reported his Opinion " that Samuel 
"Allen had a good Title to the Waste Lands of the Province of New 
"Hampshire; tliat all Lands lying Uninclosed and Unoccupied were 
"to be reputed waste ; And that M'' Allen Might enter into and take 
"possession of the same; and that if he should be disturbed in the 
"possession tliereof, it would be proper to him (her Majest}- having 
" Courts of Justice within the Said Province) to assert his Right and 
"punish the Trespassers by Legal Proceedings in these Courts ; and 
" that it woud not be proper for her Majesty to interpose in this 
"Matter, Unless the question conserning the Right Should come 
"before her Majesty by Appeal from the Judgements that Should 
"be given in the Courts in the said Province, save it might be 
"resonable as he conceived to direct, that (if M"" Allen insisted on 
"it) on the iTrials that might be had for Settling his Right to the 
" said Province that the Matters of Fact relating to his and the 
" Titles of Others Claiming the same Lands might be specially 
"found by the Juries that Should be impannelled in the same Trials, 
" that the Matters of Fact might Appear before her Majesty, if 
"Appeals should be made from the Judgments that should be given 
" in the said Province 



MASONIAN PAPERS GENERAL. 297 

In consequence of this Opinion of the Attorney General Col" 
Dudley, then Governor of New England was directed by a Letter 
from the Queen, that, in case M' Allen should be Opposed by the 
Inhabitants and hindred from entring quietly into possession of 
the waste Lands, or should be disturbed in the possession thereof 
where upon any Trial or Trials should be brought before her 
Majesty's Courts there for Settling the Title to the Waste Lands, 
and that on such Trial or Trials the said Allen did insist that the 
matters of Fact Should be specially found by the Juries ; that he 
should do all which in him Lay that the Matters of Fact should be 
Specially found Accordingly. 

On the 20*^* of Feb>' 1703/4 CoP Dudley Acquainted the Assem- 
bly of New Hampshire with the Orders he had received relative to M"^ 
Aliens Title. Upon which the Assembl}^ Addressed him to represent 
to her Majesty, that they were sensible of her regard to Justice in 
the late Trial, between M*' Allen and M' Waldron which had for ever 
Obliged them to a Sense and resolution in their Duty and Obedience 
to her Majesty, that they only Claimed the property of such Laud 
as was Contained within the Bounds of the Towns, which was less 
than one Third part of the Province, and had been possessed by 
them and their Ancestors for more than Sixty Years, and that they 
had No Objection to the Other Two Thirds being Adjudged to M' 
Allen 

On the 8<i of May 1705 the Inhabitants and Terre-Tenants of the 
Province at a general meeting held at Portsmouth came to the fol- 
lowing resolution with respect to M"^ Aliens Title ; 

[This resolution is printed on pp. 165-167 ante.~\ 

These Propositions having been finally Settled and agreed to, 
were ordered to be presented to M"" Allen for his Acceptance ; but 
his Death, which happened on the Next Day prevented it. 

Upon the Death of Col** Allen, his Son Thomas Allen petitioned 
the Crown that an Appeal brought by his Father to the Governor 
and Council against a Judgment given in the inferior Courts in 
favour of Waldron Might be received ; which Petition having been 
referred to the Attorney (General for his Opinion whether it might 
be proper for her Majesty to grant the Prayer thereof, the Attoiney 
General on the 23'' of March 1705/6 reported his Opinion that by 
the Plantffs Death the writ of Error was Abated and could not be 
revived. 

Upon M' Aliens suing for writs of Ejectment in his Own Name he 
was cast with Costs, whereupon he Appealed to her Majesty in 

*In marjrin, " 10th." 



298 CHARTER RECORDS. 

Council, but died before the Appeal was determined, having first by- 
Deed of Sale dated the 23'' of August 1706 Conveyed one half of his 
Lands to S"" Charles Hobby of Boston in New England. 

Upon the Death of M'' Allen the half of New Hampshire, which 
remained unsold devolved to two infant Sons, but it does not appear 
that any Application was ever made since that time, by them or any 
one in their behalf or any Claiming Under them to be put in pos- 
sessions, and in the year 1716 Colonel Shute was Appointed Gov- 
ernor of New England with a Power in his Commission of Granting 
Lands in New Hampshire, in consequence whereof several Town- 
ships ware laid Out; nor does it Appear that any Claim of propity 
was set up until the Year 1746 when John Tufton, who had taken 
Upon him the Name of John Mason and who is one of the serviving 
Grandsons of Robert Mason, pretending that the Fine & recovery 
Sued out in Westminster Hall by John and Robert Mason 1699 pre- 
vious to the Conveyance of them to Samuel Allen was illegal, as it 
Ought to have been done in the Courts there, himself Sued Out a 
Common Recovery in the Courts of New Hampshire in consequence 
whereof the Sheriff put him in possession and he sells his Right by 
Deeds to sundry Persons in the Province who have taken Upon 
them to Grant Lands and lay Out Townships. 

The question arising Upon a consideration Upon this state of the 
Cause was whether the uniform Silence and Discontinuation of all 
sorts of Claim to the waste and Unimproved Lands within the 
Province of New Hampshire for more then forty Years Successively, 
during the greater part of which time the Crown has Occasionally 
made Several Grants of the Unimproved Lands of the said Province 
without Exception or Complaint from any Person or Family, does 
not prescriptively Vest the waste Lands of the said Province in 
Your Majesty? how far any private Claim to these Lands so long 
deserted can now be revived against such an Exercise of Power Over 
them in the Crown? If these waste Lands Are not in Your Majesty, 
to whom do they belong ? and what will be the regular and best 
Method of bringing this matter to a final and Legal determination ? 

Upon this question Your Majestys Attorney and Solicitor General 
have reported to JJs "That it is Impossible to give an Answer to it 
" without knowing Many Circumstances which do not Appear Upon 
" the State of the Case, 1*' That it is Asked to whom the Lands 
" belong That they were Originally granted to Mason and after- 
" wards Conveyed to Allen That whether that Conveyance be good 
" depends Upon the Will of John Mason and Upon the Fine and 
" Recovery said to have been levied and Suffered which were not 
" particularly Stated in the case, Upon the Usage or Laws in New 



MASONIAN PAPERS GENERAL. 299 

'* luimpsliire in relation to barring Estates Tail not Stated to all, 
" and Upon the Infanc}^ or Other Disability of the Issue in tail, his 
" Aquiescence and the Acts of Limitation in New hampshire None of 
" which Matters were before them " 

u 2'">' That it is Asked whether these Lands belong to the Crown, 
" Upon this gionnd as they Suppose that Neither the Masons nor 
"Aliens for 40 Years past have done anything till 1746 that this 
"depends Upon a Variety of Circumstances Such as the Nature and 
"causes of the Acquiescence the Acts done by the Crown in the 
" Mean time the kind of possession taken in 1746 and what has been 
"done since; That they can Only say that where Persons Under 
" Grants from the Crown have quietly possessed and Improved so 
"great a regard is always had to Persons who have Settled Lands iu 
"America, that it is hardly possible for a State Title to be so cir- 
" cumstanced as to prevail against them ; but that in such Cases the 
"length of time during which they have been permitted to improve 
" is extreamly Material That Upon the whole they cannot Advise 
" anything so proper, as that the Parties if any Suits should be com- 
"menced in New hampshire. Should take Care to have the Evidence 
"so laid before the Court as to be transmitted to England in case of 
"an Appeal to Your Majesty in council." 

Whereupon we beg leave to represent to Your Majesty that as 
Your Majestys Attorney & Soliciter General have not been Able to 
give a Satisfactory Answer or Opinion on this matter, for want of 
fuller Information in Several particulars which is not in Our power 
to State to them with that Precision which is Necessary in so Com- 
plicate a Cause, we did Immediately on the Receipt of the Said 
Report, write to Your Majestys Governor of the said Province of 
New hampshire, directing him to transmit to us as soon as possible 
the fullest information he can Obtain Upon the Several points 
therein Mentioned together with what ever else may have any rela- 
tion to or may Serve to explain the question in dispute, and also to 
take care in the Meantime that, if any Suits are Commenced in the 
said Province the Parties have their Evidence so laid before the 
Court as to be transmitted hither in case of an Appeal to Your 
Majesty in Council Confirmable to the Opinion of Your Majesty's 
Attorney and Solicitor General — 
all which is humbly submitted 
Whitehall Feb> 2"'' 1753 signed Dunk Halifax 

Charles Townshend 
James Oswald 
Fran^ Fane 
Lords Comm* of trade & Plantations 
indorsed 7"' Feb^ 1753 refer'd to a Comm^« 



300 CHARTER RECORDS. 

[ Opinions of Nicholas Fazakerley , May 21, 17o4-.~\ 

[Masonian Papers, Vol. 2, p. 6.] 

Qu' Whether a Fine Sur Cognizance &c levied at Westm"" of 
Lands lying in New England, by Fiction suppos'd to be in England, 
will bar the Heir in Tail by Comon or Statute Law? 

I am of opinion that the Heir in Tail will not be barr'd or affected 
thereby. 

Qu* Whether a Com'on Recovery suffer'd of such Lands will be a 
Bar to the Heir in Tail? 

N B: there was a proper Court in the plantation where a Fine 
might have been levied & a Recovery suffer'd and the Service of the 
Writ in the Comon Recovery was upon the Heir in Tail then in 
England 

I think the Heir in Tail will not be barr'd or affected thereby. 

Qu' Whether such a Fine & Recovery will bar the Heir in Tail in 
a plantation where such Heir has a Right to the Jurisdiction and 
Prerogatives us'd by the Bishop of Durham in the County Palatine of 
Durham, tho' he did not exercise his Right at that Time and there 
were Courts there under the Appointm' of the Crown ? 

If the facts relating to this Question had been stated I might 
have been able to have given a direct answer to this Question How- 
ever this General Answer may probably answer the Intent of the 
? , for I am of opinion that a ffine or Recovery cannot operate upon 
any real Estate or Interest lying out of the Jurisdiction of the Court 
of Common Pleus and consequentl}'^ cannot bar or affect any Estate 
Tail in any foreign Colony or Plantation. And In my opinion 
such a Law would be of most dangerous Consequence to Estates in 
those Countries and introduce great Licertainty & confusion, if the 
Estates of the Inhabitants were to be aft'ected by Records privately 
made up in this Country, which may be laid in one Country as well 
as another. 

Qu' Whether any Judgm'' have been given at Westm' upon the 
Validity & Force of Such Fines & Recoveries & what are they ? 

I know not that there has been any such Judgem' but a few years 
ago, when the present Lord Chancellor was Chief Justice of the 
King's Bench, there was a writ of Error brought to reverse a ffine 
levied in the Common Pleas and the Error assign'd was that it 
appear'd upon the face of the Record that the lands lay in partibus 



MASONIAN PAPERS GENERAL. 301 

transraarinis and the Deft, in Error was so sensible of the objection 
that lie inov'd the Court of Common Pleas to amend by striking out 
the words in partibus transniarinis, which put an End to the Cause. 
And I don't know of any other Judgem', But as to Recoveries How 
can a writ of seisin be awarded or return'd for the sheriff cannot 
give seisin of lands out of his Bailiwick. 

N: Fazakerley* 
21 : May. 1754. 



[Judgment, Busivell v. Ordivay, June t5, 175If.'\ 
[Masouian Papers, Vol. 2, p. 9.] 

Province of \ At his Majestys Superior Court of Judicature 
New Hampshire \ held at Portsmouth within and for his Majesty's 
Province of Newhampshire on the second tuesday in March by 
adjourinnent from & next ensuing the first tuesday in Februarj^ 
immediately preceeding, in twenty seventh year of the reign of his 
Majesty King George the second Annoque Domini 1754 

Present 
The honorable Meshech Weare \ 

George Mitchel > Esq'^ Justices 
Joseph Simpson ) 

William Buswell the third of Kingstown within the Province of 
Newhampshire husbandman Appellant against James Ordway of 
Newbury in the County of Essex in the Province of the Massachu- 
setts Bay Yeoman Appellee From the judgment of the Inferior 
court of common pleas held at Portsmouth in & for the province of 
Newhampshire on the first thursday next following the first tuesday 
in June 1751 In an action of trespass commenced and prosecuted by 
the said William Buswell against the said James Ordway at said 
Inferior court of common pleas In the following words namely In an 
action of trespass for that the defendant on or about the twenty 
ninth day of March last with force & arms entered into & upon a 
certain close of the Plaintiff in his possession containing by estima- 
tion four acres of land situate within the bounds of a certain tract of 
land equal to six miles square lying & being within our said Province 
of Newhampshire but not within any town parish or vill granted by 
the proprietors of the right of John Tufton Mason Esq"^ to Ebenezer 

♦Nicholas Fazakerley was a noted lawj-er of London, a specialist in conveyancing and 
the transfer of real property, also in constitutional law. He was elected a member of par- 
liament for Preston in January, 1732, and retained his seat as long as he lived. He died at 
his house in Qrosvenor Street, London, in February, 1767. 



302 CHARTER RECORDS. 

Stevens Esq'" clec'^ & others said close being the h)t numbered twenty 
one bounded easterly by Merrimack River southerly by a lot of land 
of Joseph Clifford westerly by land left for an high way and North- 
erly by a lot of land of Samuel Bean as may at large appear by the 
records of the said Proprietors and then & there in manner aforesaid 
did cut down & destroy six trees of the Plaintiffs then and there 
standing and growing of the value of ten shillings each tree and 
other enormities the defendant then & there did against our peace 
and to the damage of the said William as he says the sum of five 
pounds — At which said Inferior court of common pleas Judgment 
was rendered that the defendant recover against the Plaintiff" cost of 
court — From w^hich judgment of said Inferior Court of Common 
pleas the said William Bus well aj)pealed to the then next Superior 
Court of Judicature when & where the appeal was entered but con- 
tinued from term to term to this term when the parties being fully 
heard by their Counsel learned in the law the case was committed 
to the jury sworn according to law to try the issue who made return 
of their verdict thereon upon oath & say The Jury find for the 
Appellant five shillings damage and costs of courts — It is therefore 
considered that the former judgment be and hereby is reversed and 
that the said William Buswell recover against the said James 
Ordway five shillings new tenor bills of credit damage and costs 
of courts taxed at the sum of twenty three pounds eleven shillings 
six pence like bills of credit. — 

Execution issued June 5th 1754 — August 1754 Ret*^ not satisfied 
Alias issued May 1st 1755 — Returned not satisfied August 1755 

Copy of Record examined by 

Nath* Adams Clerk 



Letter, Theodore Atkinson to John Thomlinson, Jan. 27, 1758, 
State Papers, Vol. 18, p. 469. 



[Mortgage, Clements to McHard, Sept. 22, 1758.'] 

[Masonian Papers, Vol. 2, p. 14.] 

Know all Men hy these Presents, That I Timothy Clements of 
Haverhill in the County of Essex in y" Prov" of the Massachusets 
Bay in New England Yeoman For and in Consideration of the Sum 
of three Hundred Pounds New Ten"" Bills of the Prov^ of New 
Hampsh"^ To me in Hand before the Delivery hereof well and truly 



MASONIAN PAPERS GENERAL. 303 

paid by James McHaicl of Haverhill afores'' Esq' — the Receipt 
whereof I do hereby acknowledge. HAVE given granted bargained 
and sold, and by these Presents DO give grant bargain sell alien 
enfeoff convey and confirm unto the said James JMcHard his Heirs 
and Assigns forever all that my moiety or one half Part of tiiat 
Tract of Land Lying in the Province of New Hamp"" afores*^ contain- 
ing twenty five Hundred & Seventy Six Acres more or less which 
we the S'* James McIIard & Timothy Clements purchasd of John 
Moffatt Daniel Peirce & George Jaffrey Esq'^^ a Committee of the 
Proprietors of Mason's Patent by Deed bearing equal Date with 
these Presents & fild on record on this 22*^ of Sep' 1758. — To Have 
and to Hold, the said Granted Premises with all the Privileges and 
Appurtenances to the same appertaining to him the said James 
iNIcIIard his Heirs and Assigns to his & their only proper Use and 
Benefit forever. And I the said Timothy Clements For my Self 
my Heirs Executors and Administrators do hereby Covenant Grant 
and Agree to and with the said James McHard his Heirs and 
Assigns, that until the Delivery hereof I am the lawful Owner of 
the said Premises & am lawfully seized and possessed thereof in my 
own Right in Fee Simjjle, and have full Power and lawful Authority 
to grant and convey the same in Manner aforesaid : That the said 
Premises are free and Clear of all and every Licumbrance whatso- 
ever. And that I my Heirs Executors and Administrators shall 
and will Warrant the same to him the Said James McHard his Heirs 
and Assigns against the lawful Claims and Demands of any Person 
or Persons whomsoever. Provided Nevertheless & these Presents 
are upon this Condition any Thing herein containd to y*^ contrary 
thereof Notwithstanding That whereas the S'^ James McHard & my 
Self are this Day become jointly & Severally bound unto George 
Jaffrey of Portsm" in y*^ Prov® of New Hamp"" afores*^ Esq'' for y*^ 
Payment of the Sum of two Hundred & Eighty Seven Pounds ten 
ShilP New Tenor Money of the Prov*' of New Harapsh'^ afores'^ for y® 
use of the S'' Prop'''' of Alason's Patent which is the Proper Debt of 
me the S'' Timothy Now if I my Heirs Exec''* or Admst"^** or any of 
us shall well & truly pay or cause to be paid unto y'' S** George 
Jaffrey the aforementioned Sum of two Hundred & Eighty Seven 
Pounds ten ShilP New Ten' according to y*" Tenor true Intent & 
Meaning of Said Bond or otherwise entirely indemnify & Save 
Harmless the s^ James McHard from all Costs & Damage that may 
ensue in Consequence of his being bound with & for me in Manner 
afores*^ then y® foregoing Deed of Mortgage & every Clause thereof, 
to be utterly void & of none Effect but if otherwise then to remain 
in full Force & Virtue In Witness whereof I hereunto Set my Hand 



304 CHARTER RECORDS. 

& Seal this twenty Second Day of September Seventeen Hundred & 
fifty Eight 

Timothy Clements [seal] 

Signed Sealed & Delivev'd 
in Presence of 

Thomas Peirce Jun*" 

D Peirce 

Prov'^ of New Harapsh'' 22'' Sep" 1758 

Then Timothy Clements Acknowledged this Instrument by him 
Subscribed to be his free Act & Deed — 

Cor'" D. Peirce Jus Peace 

[Endorsed] Re'd Nov-^ iS'^^ 1766 D Peirce Red^ 

Prov'' of New Hamp'' 

Recorded lib. 84 fol. 204 

Exam'' D Peirce Record"" 

Know all Men by these Presents That I the within named 
James M^herd do for & in Consideration of five Shillings to me in 
hand paid by John Moffatt Daniel Peirce & George Jaffrey all of 
Portsni" in the Province of New Hampshire Esq"" the Receipt 
whereof is hereby acknowledged Do give grant Assign Set over 
Transfer & Convey by these Presents unto them the said John 
Daniel & George in trust for the use of the Proprietors of Masons 
Patent all my right Title Interest Claim property and Demand in & 
unto the within Mortgaged Lands- and all right & Demand which I 
have or Ought to have by any ways & means whatsoever to the 
within written Mortgage and all advantages that does or may arise 
thereby To have and to hold to them the said John Daniel & 
George in trust & for the use aforesaid their heirs Exec"^* Admin"'* & 
assign forever In Witness whereof I have hereunto Set my hand & 
Seal the IS'^ Day of Nov^ 1766— 

James M'^Hard [seal] 

Witnesses W"" Parker 

George Libbey 

Province of ) Nov"" 13"" 1766 then James M<=herd Esq"" person- 
New Hampshire \ ally appearing acknowledged the above written 
Assignment to be his free Act & Deed before me — 

William Parker Just. Pacis 



Letter, Theodore Atkinson to John Thomlinson, May 13, 1763, 
State Papers, Vol. 18, p. 550. 



MASONIAN PAPERS GENERAL. 305 

Letter, Theodore Atkinson to John Thomlinson, 1763, State 
Papers, Vol. 18, p. 551. 



[Deed, McHard to Proprietors, Aug. 13, 1766.'] 
[Masonian Papers, Vol. 2, p. 25.] 

KNOW all Men hi/ these Presents That I James Mchard of Haver- 
hill in the County of Essex and Province of the Massachusetts Bay 
Esq'' for a Certain Tract of Land granted to me and For and in 
Consideration of the Sum of five Shillings Lawful Money to me in 
Hand paid before the Delivery hereof, by John Moffatt Daniel 
Peirce and George Jaffrey all of Portsmouth in the Province of 
New Hampshire Esq'^ a Com''"'' of the Proprietors of the Lands Pur- 
chased of John Tufton Mason Esq'' the Receipt whereof I do hereby 
acknowledge, have given granted bargained and Sold, and by these 
Presents do give, grant, bargain sell, aliene, convey and confirm to 
them the said John Daniel & George their Heirs and Assigns, in 
trust & for the use of Said Proprietors all my right Title Interest 
Claim & Demand which I have or Ought to have of in & unto all 
that Tract of Land which the said Committee by their Deed Dated 
the twenty-Second day of Septemb'' Anno Domini One thousand 
Seven hundred & fifty Eight granted & Conveyd unto me and One 
Timothy Clements duly Executed & Recorded as may at large 
appear by Reference thereto To have and to Hold, the said granted 
Premises, with the Appurtenances thereof, to them the Said John 
Moffatt Daniel Peirce & George Jaffrey their Heirs and Assigns, to 
the proper Use, Benefit and Behoof for ever ; of the Said Proprie- 
tors their Successors & Assigns forever — 

In Witness whereof I have hereunto set my Hand and Seal this 13th 
Day of August in the Sixth Year of His Majesty'' s Reign. Anno Dom- 
ini 1766 — 

James McHard [seal] 

Signed Sealed & Delivered 
Li presence of us 

W^ Langdon 

John Storer 

Province of — ) August 13"' 1766 then the above named James 
New Hampshire j M<=hard Personally appeai-ing acknowledged this 
Instrument to be his free Act & Deed before me 

William Parker Just Pacis 
20 



306 CHARTER RECORDS. 

Reed 12"> Nov-- 1766 D Peirce R 

Prov'® of New Mamp'' 

Recorded lib. 84. folio 249 

Exam'd D Peirce Red'' 



\_Jolin Quigley's Certificate, Sept. 17, 1767.1 
[Masonian Papers, Vol. 2, p. 26.] 

This is to Certify that I attended 7. days at Sep'' Court in the Year 
1766. & I attended three days at Dec'' Court following & six days in 
March 1767. & three days in June 1767. & Seven days in Sepf 1767. 
— it being on the following it being in the Cause of John Thomlin- 
son Esq" of Great Britain and George Oughterson & William Aiken 

Likewise three days in June 1767. in a Cause between James 
Aiken & George Jaffrey Esq'' — 

and three days in June 1767, in a Cause between George Oughter- 
son & Clem' March Esq'' & others. 

& seven davs in Sep"^ 1767. in a Cause between George Jaffrey 
Esq"^ & Will'" "^Smith & James Aiken — 

& seven days in Sepf 1767. in a Cause between George Oughter- 
son & Clem' March Esq''— 

As Witness my hand &c. this 17'^ day of Sep'' 1767. — 

John Quigely 



\_James Ricliey''s Request.~\ 
[Masonian Papers, Vol. 2, p. 26.] 

Sir as I was sumenesed by John Quigely in the actans aganst 
perey and Aiken I pray you would be so Good as to send the money 
with the berer for my travel and atendance in two Actions on the 
said kase Living Savin ty five Milds from Portsmouth & in so Doing 
you will very much obledg your fraud and very hombel Sarvent 

and this Shall be your descherg 

James Riehey 

To Geo Jaffry Esq. 
two travels £2-10. 

[Endorsed] James Riehey Demand for Service in Trial Jaffrey v^ 
Smith &« 



■o^ 



<7 




'/ 




>^ o • • . A w a A « 

j2 vo ;a be-5 '" 3 IS 






i-S-gt<Q 



iwk; 






I := "rt B o ° = S ° ^ ''^ S ■£ 5 



,„ S 5 > o 



o o 



,0 J= s 



^^^U E MC So'-.-- 






, '^ c .^ 



c iT"^ 



2, -a g H S; :2 " .£ ■£ — - 






a. o 



'eo-SS£ sai£ 






/.*"."! 



,''.^'^^#- 



□,« 3-S~ 

1. a, 2 
li cr ,, ■£ 

-H >n _^ rt bO 

, J^ S o 

^ ^ C :/i ai U 

> t: t: ?J — O 

-- I' .? .y O rt 






i |q s g ^ So 
^ i;^ s « = 



2 -= 



;Hg-S 



^W S .; o 
'^^■^ +j .— rt oj 

J c '^ G rt t_ 



MASONIAN PArERS GENERAL. 307 

\_Desposition of Jonathan Fancell and John Kendall^ Oct. 13, 1767.'\ 
[Masoiiiaii Papers, Vol 2, p. 27.] 

Mess" John Kendall & Jonathan Farwell Testify & Say that in 
the Fall of the Year 1751 they Together with Joseph Blanchard 
Josiah Brown Oliver Blodget «fc John Steam's and Jonathan Snotv 
Samuel Bntterjield Isaac Patch jf James Whittle^ Who are Since 
Dead went to Run the Curve Line of Mason's Patent So Called that 
Six of their Compan}^ with Joseph Blanchard the Surveyor went 
from Dunstable to Wonomanack ponds so Called in liellows's Town 
(the Other hands went to Meet them with a supply of Provisions 
near the Apper Ashuelot) where they found tlie Dividing Line 
Between the Province of New Hamp"' & Province of the Massachu- 
setts Bay and Pursu'd that Line till they found the South West 
Corner of Bellows's Town then they Run & Measurd about Six 
Miles further Westward & made a Corner from thence they Run 
North, & j\Ieasurd five Miles Marked the Line thick & Well & made 
a Corner for a five mile Mark & Cut into the Trees a large K. on 
the Westerly Side & M. on the Easterly Side, then the Surveyor 
Turned & they Run Some Degrees to the East of North five Miles 
more on that point Marked the Line thick & Well & made a Corner 
& put on the Letters K. & M. as aforesaid and So they Continued 
Runing & Marking & at the Period of Every five Mile Made a 
Particular five JNlile Mark & altering their Course more to the East 
till they Got to Newfound or Bakers pond So Called about Sixty 
five Miles from the Province Line aforesaid, they Shou'd ave Gone 
further but some of the hands were Worried & the Provisi(nis faild, 
that they were Obligd to Return, they Were all Men that were 
well Acquainted with the woods & Said Service & had Daily 
Caution from the Surveyor who was as Exact & as Careful as Possi- 
ble, all the hands Labourd Very hard & Were Diligent & Exact as 
far as they the Depon^* Cou'd Perceive and two men Were Con- 
stantly appointed to ^hirk & Letter & upon the hands Returnino- 
home said Farwell Says that Whitney & himself made Oath Before 
Col° Blanchard to their Fidelity in Said Service — and the Deponants 
further Add that they have not the Least Doubt but that was they 
now at the Corner they made on the Province Line they Coud fol- 
low the Line by them Rnn & Marked to the y)ond aforesaid about 
Sixty five Miles Without a Compass unless Extraordinary Hurri- 
canes or fires have been there, they further Declare that any Repre- 
sentation or Insinuation that the Line aforesaid is not well Rnn & 



308 CHARTER RECORDS. 

Mark'd to all Intents & Purposes is false Scandalous & without the 
Least foundation — 

October y'^ 13, 1767 Jonathan Farwell 

John Kendall 

Province of ) October the 13"^ 1767 then the above Named 
New Hamp'' ) Jonathan Farwell & John Kindall both personally 
appeard (& after Due Caution & Careful Examination) made Sol- 
emn Oath to the Truth of the Deposition Before Written 

Before me Ezek' Chase J^ Pacis 



[^Instructions to Robert Fletcher, June 1, 1769.1 
[Masonian Papers, Vol. 2, p. 30.] 

Province of ) Portsmouth May 19"' 1769 
New Hampsh"" \ At a Convention of the Proprietors of the land 
purchased of John Tufton Mason Esqu'' in New-Hampshire — 

It was determined and Concluded by Said Proprietors That y® 
Comittee who employed Rob*^ Fletcher to run y*' 60 mile Line 
from y^ mouth of Piscaf^ River and part of y*^ Curve line from y^ 
end of y* 60 mile line be and are requested and desired to employ 
Said Fletcher to continue y® Said Curve line to y® westerly corner of 
the Southern boundary line of Mason's Patent to make Such marks 
and monuments on Said Curve line as may be proper and Suitable 
to make it known and evident and as soon as may be — and make a 
Plan thereof to be returned and filed — and to give such other direc- 
tions to Said Fletcher as may be of Service to y^ Interest of Said 
Proprietors — to be done at y® Expence of Said Proprietors 

M' Robert Fletcher 

Your Letter by Cap' Jon"^ Lund of y® 28"' may is come to hand 
advising you intend next monday to Set out on your Journey to 
Compleat y® Curve line of Mason's Patent — and requesting to be 
Sent to you '^ Cap' Lund forty or fifty dollars to pay y^ men and for 
Stores for y*^ Service — We desire you would Set out on y^ Service at 
y'' time you propose and compleat y® curve line as exactly as you 
can as you are to render it upon oath — in pursuing thereof you are 
desired to have y^ line well marked and to mark on your Plan y* 
most remarkable monuments you meet with on y® line, and of every 
Township granted by y® Government, any part that comes within y^ 
Curve, and extend on y*^ line, as also those granted by y*" Proprietors 
of masons Patent — and also to note any peices or Tracts of land 



Province of New Hampshiie Portsmouth July aS"" 
1769, This Plan Describes the Courses & Distances 
from Fort Point at the Mouth of Piscataqua Harbour to 
the Head Pond of Sahnon-Falls River, & Thence to the 
Great Ossapee River, nhich Makes in a Direct Course N. 
7. Degrees East by the Compass, Thence North S"' East 
on Bryants Old Marks Untill Sixty Miles Are Compleated 
from the Mouth of the Harbour Aforesaid at .B. And 
from thence Westwardly & Southwardly On the Cur\'e 
Untill it Meets with The Northwardly Boundrey Line of 
the Province of the Massacuusetts at .C. 109. i Miles as 
the Curve Runs from B. 

Taken at The Request of The Proprietors Purchasers 
of The Right of John Tufton Mason Esq. in the Province 
Aforesaid — In Pursuance of the Verbal Orders Given to 
Me by Isaac Rindge Esq. Surveyer General of All His 
Majesties Lands in the Province Aforesaid — from the 13"' 
Day of August 1768. to the 29"' day of the same Month 
— Truly & Faithfully Protracted & Laid Down By A 
Scale of Four Miles to an Inch by Robert Fletcher 
Deputy Surveyor 

for Perticulars see y Journals 

Province of ) Portsmouth July, 29"' 1769 
New Hampf ^ Then the before Named Robert Fletcher 
Personally Appeared Before The Hon'''= Daniel Warner 
Esq. One of His Majesties Justices of Peace for Said 
Province and being Duly Sworn Made Sollemn Oath that : 
this Plan is Accurate Just & True in All Respects 
According to the best of his the Deponants Skill and 
Judgement 

Cor. D' Warner. J. Peace 



r<^-.. 








MASONIAN PAPERS GENERAL. 309 

between any of our Granted Townships, and y® line, or between the 
Towns we granted, and also to get certain Information of what 
number of Settlers are on our granted Towns — which we desire you 
will not omitt — agreable to your Request we Send you forty Dollars 
■^ Cap' Lund for y*^ purpose you mention — and wish you a prosper- 
ous Journey and Speedy Return and are 

your Hum' Serv'* 

M H- W 



Portsm'' June 1'' 1769 
Copy 



G J- ^^"^' 



[House Journal, March 21, 1771.] 

The House took under Consideration the Petition of Com'®^^ of 
Masons Proprietors, Barnstead And Chichester. And the Parties 
being Partly heard thereon The further Consideration of the Petition 
was put off till to Morrow. 



[House Journal, March 22, 1771.] 

The House Resumed the Consideration of the Petition of the 
QQj^-jtees q£ Masons Proprietors &c: And the Parties being fully 
heard thereon & their Pleas fully Considered 

Voted That the Petion be Dismissd 



[Letter from John Quigley^ March ^6, 1771.1 

[Masonian Papers, Vol. 2, p. 33.] 

Gentlemen 

I have this day Drawn an order upon you as a Committee for the 
Purchasers of the Claim of John Tufton Mason Esq'' payable to M"" 
Nehemiah Wheeler for XIO. — I shall Esteem it as a Singular favor 
if you would be so good as to see it Paid, as it will save me a 
Journey to Portsmouth. — Also hope you will settle my Acco' I last 
Exhibited ; I have found out that I tended Seven Different Courts, 
tis 75 Miles from New Boston to Portsmouth, and tis attended with 
a Prodigious Expence upon the Road to go to Portsmouth so often 
besides the Difficulty of Travelling & Expence of Horse hire — I 



310 CHARTEll RECORDS. 

think you can have no reasonable objection to my Acco* tis Certainly 
worth 50/ Lawful Money to Travel 75 Miles from home. — However 
Gentlemen I Rely upon your known Goodness & Unblemished 
Honour to do me Justice, I have done you the best service in 
my power & Expect reasonable Satisfaction, & remain Your Very 
Humble 



New Boston March 26"^ 1771 

To Peter Pearce & | 
Penhallow Esq'^ — \ 



Serv' too Command 

John Quigly 



{^Minutes of Meeting, May i, 1771.^ 
[Masonian Papers, Vol. 2, p. 34.] 

May 1*' 1771 — at the Proprietors Meeting 

Resolved that y* Com*^* appointed June IB*'' 1770 to transact any 
matter relative to y*^ boundary lines of y*" Gore so called between 
Barnstead Gilman Town &•" be desired to prosecute any Infringe- 
ment on y*^ Gore 

Resolved That Sam" Livermore Esqu"^ Jn" Sullivan & Jn° Pickerin 
be retained in behalf of this Propriete in all Cases — 

Resolved That Some Person in behalf of the Proprietors be 
appointed to reassume theire Right of y® Tract of land called Here- 
ford as it lay's forfeited 

M"" Packer made a motion to y^ Proprietors respecting a Law Suit 
he has had with y*' Grantees of Weare and to know if the Proprie- 
tors will be at y® Expence of y^ Same as they had been at in Respect 
to other Lawsuits of y^ Proprietors — resolved that they would be at 
y^ Expence 



[Report from John Shepard, Jr., Aug. £^, 1773.^ 

[Masonian Papers, Vol. 2, p. 38.] 

Sir/ 

I have Measured the Land mentioned in yours to me of the 25'^ 
of June last past according to your desire imploy'd indifferent men 
to Carry the Chain, found the old lines well marked, renewed them, 
& have sent a True plan of the whole — 



liUt* !•*•/ lhd> 






3 1. 

X ^ 
■a -zs 



PL 

a; o 
«= i> 

.2 " 

c M 

It j= 
a " 
o B 

u o 

•a S- 
a = 






'->'n.Si 

rt 53 - M 
w OJ o t. '^ 

Vf J3 -' O 

■= 5 I. 
" ^ u 

^ ^ o ;r; Z 

t: o o K , , 1^ - __ 

Sir" 

rt=^ I 5 S3 

" "S S -° 1) 
i = > J, XI 






^ c u -a 

mW £ c g c 



5S^ b' 



3- -a XI 75 -S S ^ 



'i'm,'ui^.i^?'K>d' 



r rr-i 

:_ 




3IASONIAX PAPERS GE:SEEAL. 311 

I believe there are Seventeen or Eighteen Acres under Actual 
improvements of the Land Diseribed in said Plan : which Land is 
claim'd by one m'^ Caleb Jones — I have extracted from certain Deeds 
said Jones has as follows viz by a Deed Signed by the late Col° 
Joseph Blanchard dated 1757 mentioning a tract of Land Bounded 
as follows viz begining at a heap of Stones the Northwest Corner of 
Charlstown School Farm and the Northwest Comer of the Antient 
Town of Dunstable, by Souhegan river and runing from thence 
South by the Needle in Dunstable old line one hundred rods, then 
turns and runs West by the Needle twenty four rods from thence 
North by the Needle about one hundred rods to said river, then 
Easterly by said river to the first bounds mentioned — 

In and by a Deed Signed by m- Blanchard (Widow of the 
deceased) Express'd as follows that is to Say all the property and 
Demand which Joseph Blanchard late of Dunstable Esq- Deceased 
had at the time of his decease to that part of the mile Slip (so 
call'd) lying at the head of Charlstown School Farm (so called) 
Reserved and not Granted by the Lord Proprietors the said 
deceaseds Interest in said tract of Land being about forty acres 
more or less, in Com'on and undivided — one Signed by Jonath^ 
Blanchard Esquire, thus all my Title and Demand of in and unto 
the tract of Land called the mile Slip aforesaid which I bought of 
Joseph Green of Boston Esq'^ Containing by Estimation twenty 
acres more or less lying in Com'on and undivided with Theodore 
Atkinson Esq' and others purchasers of the Right of John Tufton 
Mason Esq 

By this Method I think I have given a clear Idea relative to the 
affair You wrote me about. & apprehend it will appear so to yon, 
and the other Respectable Gentlemen concerned — 
I am Sir — 

Your Obliged Hum- Ser 

John Shepard junr 

Aug* 24^ 1773— 

The Hon- George Jaffrey Esq'^ — 



[^Proxy^ Peirce to Atkinson, Sept. 30,1173.^ 

[Masonian Papers. Vol. '1. p. 39.] 

Know all men That I Daniel Peirce of Portsm° in y* County of 
Rockingham in the Prov* of New Hampsh' Esq"^ Have constituted »S: 



312 CHARTER RECORDS. 

in my stead & Place put The Hon' Theod"" Atkinson of Portsm" 
afores** Esq"^ to be my sufficient & lawful Attorney for me & my 
Name & Stead & on my Behalf to appear at y^ present meeting of 
y* Prop" of Mason's Patent & on my Behalf to vote in any Matters 
to be transacted at Said Meeting as to him my s'' Attorney shall 
seem meet & proper for my Interest — In Witness whereof I have 
hereunto my Hand & Seal this thirtyeth Day of Sep"" 1773 — 

Rich^' L-^ Nelson D Peirce [seal] 

W" Whipple 



\_Directions for Snrveyor.~\ 
[Masonian Papers, Vol. 2, p. 40.] 

DIRECTIONS for Laying out all that Tract of Land lying be- 
tween the following Towns, and encompassing Kyasarge Mountain 
— Viz Parry's Town, Alexandria addition, Alexandria, New Chester, 
New Brittain, Salisbur3% Boscawen and New Almsbury. To begin 
on the Easterly side of Parry's Town where Almsbury corners upon 
it, thence running to the North Easterly corner thereof, then on the 
North Westerly side line of said Town till it meets the corner of 
Alexandria Addition, then on the Easterly side line of that Tract 
to the corner of Alexandria, or untill you Meet y" Corner of New 
Chester then on the Easterly side of Alexandria to the corner of 
New Chester, then on the Southerly side line or end line of New 
Chester to the corner of New Brittain then on the Southerly end 
line & South Easterly side line of New Brittain to the corner of 
Salisbury, then on the South Westerly Southerly & Easterly lines of 
Salisbury to the corner of Boscawen, then on the lines of Boscawen 
to New Almsbury and then on the line of Almsbury to the place set 
out from, on the line of Parry's Town 

N B To make the best observations on th Quality of the land and 
the extent of the Mountain ; also the distance of it from the lines of 
the several Towns. That we thereby may determine the best way 
of Laying it out, in order for a division — 

wrote to Jn° Sheppard Esq"" March 14"' 1775 — to request his mak- 
ing y* Survey of y" above land — 



MASONIAN PAPERS GENERAL. 313 

\_Jonas 3Ii)iot to George Jaffrei/, 3Iay 3, 1780.'] 

[Mason ian Papers, Vol. 2, p. 44.] 

Sir. I Reed yours of March 28 observed y* Contents, have Ad- 
vertised Meril Ardeway & Day who mean to Comply with the 
Terms & will Send Down Soon : I find People are about Going on 
the Best Land in that Goar : & will Soon Take it all up unless 
Prevented — as I have an Interest in that Land, would Submit it to 
the Better Judgment of the Proprietors, wheather Cap' Atkinson 
will Not Make Terms : Respecting Said Goar — which will be to 
our advantage I think the Sooner the Survey of that Land is Com- 
pleeted the Better thes from Sir your Mos' humble Sev' 

Jonas Minot 

To the Hon'''"'* George Jeffrey 
Concord May 3<^ 1780 



l_Defence against Allen Title, April 12, 1785.'] 
[Masonian Papers, Vol. 2, p. 45.] 

april 12 1785 

A Committee of the Proprietors of the lands purchased of John 
Tufton Mason Esq"" in New Hampshire, in April last, published in 
the New Hampshire Gazette, a Caution to any Person against pur- 
chasing or entering upon the lands of said Proprietors within their 
Claim, by pretence of the State Claim of the Heirs of Samuel Allen 
Esq'' notwithstanding that Caution there are reports that Some Heirs 
of Allen, or their Agents have given or Sold Sundry parcels of land 
of Said Proprietors, under the pretended Title of Aliens (-laim, and 
that Some persons have accepted their Grants, and others inveigled 
to make purchases of the land, at very low Rates to prevent the De- 
ception increasing, and of unwary Persons from purchasing and 
entering upon the lands of Said Proprietors, & for Quieting the 
minds of those Persons who hold their possessions by grants of the 
Proprietors a brief State of the Right and Titles of the Claimers of 
the Heirs of Samuel Allen Esq' to lands in New Hampshire and 
that of the Purchasers of John Tufton Mason Esq'^ is presented — In 
respect to the Title claimed by Allen's Heirs, it is declared — That 
John Mason of London Esq% the orignal Grantee of the Lands in 
New Hampshire, from the Council at Plymouth, in the County of 



314 CHARTER RECORDS. 

Devon in great Britain ; by his Will devised said lands in New 
Hampshire, to his grand Child John Tiifton and to the Heirs of his 
body lawfully begotten ; and for want of Snch issue, to Robert Tuf- 
ton his grand Child, and to the Heirs of his body lawfully begotten ; 
and required, that they should alter their Sirname and take the Sir- 
name of Mason, which they accordingly did : In the year 1690 John 
and Robert Tufton JMason Sue a common Recovery in the County of 
Kent in great Britain, to dock the Entail of the lands in New Hamp- 
shire, devised in the Will of their Grandfather John Mason Esq*" In 
the next year, 1691 — John and Robert by one deed. Sell to Samuel 
Allen Esq"^ those Lands in New Hampshire — a few years after, John 
the elder Brother died without issue — Samuel Allen Esq^ was com'- 
isonated Governour of New Hampshire, and came to his Govern- 
ment about the year 1700 — and in a few years he died in New- 
Hampshire, leaving one Son, Thomas, and four Daughters — in 1706 
Thomas Allen Sold to S"" Charles Hobby one fourth part of the lands 
in New-Hampshire which his father purchased of John and Robert 
Tufton Mason. About twenty five years past, a Gentleman arrived 
here as Attorney to the Heirs of Sir Charles Hobby, to take Care of 
their Interest in the Lands Sir Charles purchased of Thomas Allen; 
upon enquiry and examining Aliens Title, and the Title of the Pur- 
chasers of John Tufton Mason Esq"", he ackno'leged that Title under 
Allen could not be Supported, relinquished his pursuit & went off — 
Governour Allen and his Son Thomas hadconve^^ed the greater part 
if not the whole of the land he claimed in New Hampshire ; How- 
ever it does not appear that any part of the land which Allen pur- 
chased of John & Robert Tufton Mason in New Hampshire is held or 
possessed by any person in y^ Right or Title of Allen or his Heirs or 
of those to whom Allen or his Heirs had made a Conveyance of their 
Right nor could be held against the Heirs in tail of John Mason Esq"^ 
after the decease of John and Robei't his Grandsons, as the fine & 
Recovery Sued in the County of Kent in great Britain could not bar 
the entail of lands in New Hampshire in New England and more 
especialy when the Court in New Hampshire Subsisting before the 
year 1690 — where it must be Sued with Effect to dock the entail of 
those Lands in New Hampshire — the mention of one reason is Suffi- 
cient to shew the Absurdity of the docking of y® entail to be effec- 
tual as it is necessary that the Sheriff of the County, where the com- 
mon recovery is Sued should put the Party recovering into posses- 
sion of the Premises, which the Sheriff of y'' County of Kent in great 
Britain had no Authority to put any one into possession of Lands in 
New Hampshire in New England being out of his Bailiwick — In Re- 
spect to the Right and Title of John Tufton Mason Esq"" to the 



MASONIAN TAPERS GENERAL. 315 

Lands in New Hampshire, which the Proprietors chiini by purchase 
from him, Some facts are alleged to evince, tliat he was the right 
Heir and Proprietor of the hmdi^ in New Hami)shire, which the 
Heirs of Allen pretend to Claim — In the tenth year of the reighn of 
George the Second 1787 a Commission issued under the great Seal 
of England, constituting principal Gentlemen of Several Provinces, 
a Court, to hear and determine the Disputes of the boundary Lines 
betwixt the Provinces of ^Lissaehusetts Bay and New-Hampshire — 
The Committee of the Province of Massachusetts Bay consisting of 
the most eminent Gentlemen of their general Court, and of two of y® 
greatest Lawyers in New England: when that Committee laid their 
Claim of the Northerly boundary line of the Province of Massachu- 
setts Bay. before the Court of Commissioners They claimed as their 
north boundary line a line no farther Northward, than three miles 
north of ^lerrimack River ; which line was also claimed by the Com- 
mittee of New-Hampshire as the Southward boundary line of the 
Province of New Hampshire, and was also a boundary of Mason's 
Grant which was nearly similar to new Hampshire line : The Town- 
ships of Salisbury, Almsbur3% Haverhill, Dracutt, and Methuen, 
bounding Southerly on Merrimack River, and their northern Bound- 
aries extending, much more than three miles north of Merrimack 
River, as the Massachusetts Bay could not exercise claim or Juris- 
diction more than three miles north of Merrimack River; and those 
five Townships being bounded and Settled by that Government, they 
were desirous of confirming the Property of the Soil in those Town- 
ships, to the Inhabitants, that lay northward of their line of Juris- 
diction, and within the bounds of those five Townships ; to accom- 
plish that Intention, they had recourse to the Heir and Proprietor of 
Mason's Grant from the Council at Plymouth, of the Lands in New- 
Hampshire — and applied to John Tufton Mason, then resident at 
Boston, as that Heir & Proprietor; who for the valuable Considera- 
tion of five hundred pounds conveyed his Right to the land within 
the Bounds of Said five Townships to the massachusetts and his 
Deed was recorded in the Records of New-Hampshire. The Court 
for determining the boundary lines betwixt these Provinces rendered 
their Judgement of the Bouudai'v lines betwixt the two Provinces, 
from which Judgement, both Pi-ovinces appealed to the King in 
Council, for the Determination of their Boundary lines about that 
time, the Province of Massachusetts Bay, at the Expence of the 
Province, Sent John Tufton Mason to the Court at London on some 
other puri)ose than respected the boundary Lines of the Province 
furnished with Sufficient Certificates of his being the right Heir, 
and Proprietor of the Lands in New Hampshire, granted by the 



316 CHARTER RECORDS. 

Council at Plymouth in great Britain John Mason Esq'' his ancestor 
for these purposes the (jovernment of Massachusetts Bay made no 
Application for the Purchase of lands in those five Town, to the 
Heirs of Allen or to any person, to whom Allen or his Heirs had 
made a Conveyance, of y® whole or any part of the lands in New- 
Hampshire, within the Grant to Mason — at that time the Right and 
Title of Allen to those Lands, was as well, or better understood by 
the Government of the Massachusetts Bay as by any persons at any 
time Since — That Government by their Transactions with John Tuf- 
tou Mason have fully manifested tlieir Opinion and Sense that John 
Tufton Mason was the right Heir, and Proprietor of the Lands in 
New-Hampshire, that was granted to his Ancestor John Mason 
Esq^— 

John Tufton Mason being in London the sixth day of April 1739 
— when John Thomlinson Esq"^ was then Agent for the Province 
of New-Hampshire from his knowlege of Masons Right to the lands 
in New-Hampshire, and knowing the Importance of having that 
Right in that Government, without Instructions from his Constitu- 
ants entered into an Agreement with Mason to sell his Right and 
Title to the Lands in New Hampshire, to the Government of New 
Hampshire, The Governour Benning Wentworth laid that Agree- 
ment before the Assembly — And Sends to the house to desire they 
would come to Some Resolve about the Agreement between Cap' 
Thomlinson and Mason The Assembly resolved that Said Agree- 
ment be forthwith complyed with on the Part of this Government, 
and that the Right that Said Mason claim's, be purchased, for the 
Benefit of the Inhabitants of this Province — agreeable to this resolve 
the assembly appoint a Committee to join Such as may be appointed 
by the Council to treat with Cap' John Tufton Mason about fulfill- 
ing his agreement made with m'' Tliomlinson, of conveying the Right 
Said Mason claims to this Province the Result was that The diferent 
Opinions in the Branches of the Legislature in the disposal of the 
unimproved Lands prevented the Purchase being made of Mason 
which put an End to that agreement — At the Term of the Inferiour 
Court of Common Pleas held at Portsmouth in N Hampsh'^ in June 
1746. John Tufton Mason Esq'' Sued a Common Recovery to dock 
the entail of the lands in New-Hampshire which he held in the Right 
and Devise of his Ancestor John Mason Esq"" at which Court Judge- 
ment passed to dock the Intail of those lands and accordingly livery 
and Seizin of those lands was given to him by the Sheriff — After the 
Process of Docking the Entail, and entry and Seizin was compkated 
— John Tufton Mason Esq"" by his Deeds conveyed his Right and Title 
to those Lands (except one thirtyeth part which he reserved to him- 



MASONIAN PAPERS GENERAL. 317 

self) to a number of Gentlemen for a Consid ration in Money (by 
one half more than he contracted with John Thomlinson Esq'^ to sell 
to the Province) — when the Purchasers were possessed of Masons 
Right, they executed a Deed of Quit Claim of their Right to all the 
Towns granted by the Government of New-Hampshire where any 
Settlement had been made, upon no other Consideration than quiet- 
ing the Inhabitants who possessed the land under the Grant of the 
Government of New-Hampshire and the Proprietors continued in quiet 
and peaceable Possession of the lands they j)urchased of John Tuf- 
ton Alason Ksq*^ — In the year 1746 the Council and Assembly of the 
Province of New Hampshire resolve, that for quieting of the People 
of this Province and to prevent future DificuUies and Disputes it will 
be best for this Province to purchase INIasou's claim for the use and 
Benefit of the Inhabitants of this Province, if the Purchasers will 
Sell it for the Same Sum they gave for it, and Charges, and applica- 
tion was made to the Proprietors by a Committee of both Houses, 
with the Governours assent to know if the Proprietors would Sell 
their Right they had purchased of Mason for the Sum they gave for 
it and Charges — to w^iich proposal they agreed, and were ready to 
perform what they had agreed to, and desired the committee would 
prepare a Deed for executing the Conveyance, as proposed — The 
Proprietors were in expectation of having the Deed presented, soon 
after but waited from 1746 to 1748 for it, adjournments of the 
general Assembly or Some Accidents the Proprietors conceived pre- 
vented a deed being presented sooner, in the meantime many Appli- 
cations were made to the Proprietors for Grants of their Lands, after 
long waiting for the deed they expected they requested the Assem- 
bly would finish the affair of the Purchase, not making any grants 
before the Matter of Conveyance from them to the Government 
was determined — at length a Deed was presented by a Comittee of 
Council and Assembly to the Proprietors for perusal and to execute 
to which many Objections were made and one of Such Weight, that 
it appeared the Deed was calculated to prevent the Proprietors of 
conveying tlieir Claim to the Province, and they were informed, it 
was- so contrived from the Same Motive that hindred the Purchase 
from Mason by the Government, prevented the Purchase fiom y* 
Prop" — and So the Treaty of Sale ended — Petitions to the Propri- 
etors for Grants of Land for Townshijis &'' mutiplied, from Persons 
of the Massachusetts Bay & of New Hampshire ; and Grants were 
accordingly made, in Consequence of those Petitions — And as there 
were no other Claimers of ungranted Lands in New Hampshire, but 
the Crown and the Proprietors of INIason's Claim in order to have 
the proper boundaries fixed — to prevent encroachments by Grants 



318 CHARTER RECORDS. 

under the Crown or of the Proprietors and any Disputes of persons 
under the Grants of either Application was made to the Surveyor 
General of the Crown lands in New-Hampshire to have the Same 
effected, and By his Authority, andirection the Same was ascer- 
tained and marked b}^ a skilfull Surveyor, and Chainmen under 
Oath, and a Plan of the Same was returned under Oath and attested 
by the surveyor general — and all the Grants made by the Govern- 
ment, and by the Proprietors of the lands adjacent to any boundary 
line of Masons Grant were conformed to those Boundaries as they 
were ascertained and marked and the lands adjacent to the western 
boundary line of Masons Grant as ascertained and marked by the 
Authority of the Surveyor General, the eastern bounds of the Town- 
ships granted by the Government, and y*^ western bounds of the 
Townships granted by the Proprietors, were bounded and limitted by 
that line, or intended to be so bounded and limitted, both by Govern- 
ment and Proprietors in those Grants — and Grants of Townships 
have been made bounding both on the eastern and western side 
of that line almost upon its whole extent from South to North, and 
the Grantees on both sides of that line have Settled and made 
great Improvements on their lands in those Townships for many 
years — The townships granted by the Proprietors have been made 
Some of them more than thirty five Years past and nearly all 
above thirty years, the Grants of those Townships were made 
held and Settled under the Approbation of Government and 
the Towns were enfranchised as other Towns, in the Government 
and the Grantees and their heirs have quietly enjoyed their Grants 
without any Chiim being made of the Soil by the Crown, or Govern- 
ment of New Hampshire, or any Persons whatever; And the Gran- 
tees and their Heirs at great Expence and Labour have reduced a 
Wilderness to fruitfuU fields producing fruits to their Own Emolu- 
ment and Benefit to the publick, without the least Molestation, till 
within fifteen months past and expected the Right & Title of John 
Tufton Mason Esq'^ under which they hold their Grants was good and 
valid, and to be reived upon as it had been, amply declared by the 
Transactions of the Government of Massachusetts Bay with Mason; 
and by the carefull regard to the Wellfare of the Province of New 
Hampshire of their worthy Agent, who contracted with John Tufton 
Mason to convey his Right to the Lands of New-Hampshire, to the 
Province of New Hampshire. And three branches of the Legislature 
of the Province recognizing his Right by their resolves and Votes to 
purchase the same for the Province of John Tufton Mason Esq^ And 
the Same Legislature ackno'leged the Same Right to those Lands to 
be in the Gentlemen who purchased of Mason — Any one of these 



MASONIAN PAPERS OKXERAL. 319 

Authorities considered singly is a Strong inducement to conclude 
that the Right and Title of John Tiifton Mason Esq'' to the lands he 
claimed in New Hampshire, was good and valid ; but taken together, 
a Presumption so iorceably possesseth the minds of unprejudiced 
persons not easily to be resisted, and will Scarcely admit of a doubt 
& also that the Proprietors, who purchased of him had an undoubted 
Right to those Lands When Occasion may require, full and Suffi- 
cient Evidence can be produced to prove and confirm their Right and 
Title to these Lands, they claim in New Hampshire by purchase of 
John Tufton Mason p]sq' — 

The Proprietors from the time the>" made the Purchase, have been 
at great expence both of time and mone^^ necessarily required 
respecting their Grants, and Settling the lands — in which, a con- 
formity to the Regulation of Government, in those matters, was 
carefully regarded — Ever since the lands of non resident owners 
have been taxed in this State, The Proprietors readily paid that Tax, 
when they were not prevented by clandestine and fraudulent Prac- 
tices of the Collectors of those Taxes and their confederates, in 
Selling of large Quantities of their lands for very inconsiderable 
Sums, and managed in Such manner that the Sales could not be pre- 
vented by the owners of the lands paying the Taxes — however the 
Proprietors have been injured in that manner, they have contributed 
in payment of Taxes on their non resident-lands, large Sums for the 
Support of the Government of this State — 

From the year 1746, the Proprietors, and those who hold under 
them have been unmolested in their Property of these Lands, till 
about fifteen months past, when the pretended Title of the Heirs of 
Allen, appeared in the publick prints, who by their Conduct, and 
the Proceedings of their Agents are making Attempts to intrude 
upon their Property — which Title of Allen or his Heirs, has been 
Scarcely mentioned till lately, in New Hampshire, within the mem- 
ory of any man living — It is certain the Government of New 
Hampshire had no regard to it, for more than Sixty years past, they 
granted and continued granting Townships within Masons claim and 
no Application was made to Government by Aliens Heirs or of any 
Person under them, to assert their claim to the lands the Govern- 
ment were granting — & the Grantees entered upon their Grants, and 
im])roved the lands, and were never molested, or a claim ever pre- 
tended to those lands by any of Aliens Heirs — But when John 
Tufton Mason Esq"" appeared in New Hampshire, and asserted his 
Right and Claim of Sixty miles of the lands in the Province of 
New Hampshire, the Government made no more Grants oi' intended 
to make any Grant of the land within his Claim : but acknowleged 



320 CHAKTER RECORDS. 

his claim to be good and Valid, and also of the Right and Property 
of the Proprietors who purchased of him, as manifested by their 
Resolves and Votes, before mentioned — for these and other good 
Reasons, the Proprietors have not the least conception that the 
Heirs of Allen can Support a legal Title, to the lands they 
pretend to claim in New Hampshire ; but are concerned for the 
People Settled in the lands on their Grants, it being reported that 
lately they have been put in Terrour, of their property being Sub- 
verted, and the peace of their minds greatly disturbed in respect to 
their Estates, which they have long possessed, improved and quietly 
enjoyed, without the least molestation, till lately. Aliens Heirs have 
published a Claim to their lands, and they and their Agents going 
from Town to Town advertizing making Grants, and offering to 
Sale the Lands of the Proprietors at low rates, under Aliens Title — 
doubtless there are Some persons of that principle, who would take 
the opportunity under any pretence of Title, however groundless, by 
Grants, or Sales of valuable land at low rates, to Seize them for 
their own use — and others of a better mind, may be inveigled and 
tempted to take Grants, and purchase valueable land, at rates much 
under their Value — all Such persons and any others, are again cau- 
tioned against entering upon, improving or making waste in any of 
the lands of the Proprietors which they purchased of John Tufton 
Mason Esq"" in New Hampshire, for they may rely upon a Prosecu- 
tion of any Tresspass, they make upon any of the Proprietors 
Lands — 



\_Rough Drafts of Warimig to Allen Heirs.~\ 

[Masonian Papers, Vol. 2, p. 87.] 

It being reported that the Claimers of the pretended Right to the 
Lands in New Hampshire, purchased of Cap' John Mason by Samuel 
Allen Esq'' by themselves or Agents have given or Sold Several par- 
cels of land of the purchasers of John Tufton Mason Esq"^ in divers 
places in New Hampshire within his claim, Notwithstanding the 
caution given by the Committee of the Purchasers of John Tufton 
Mason Esq"" of April 12^'' 1785 published in the New Hampshire 
Gazette, in consequence of the pretended Claim of Aliens Heirs 
published in Said Gazette by Samuel Lauchlen, and another by 
John Sullivan Esq'' as attorney to said Heirs, That caution had not 
fully the intended Effect of preventing persons being deceived, but 
that the claimers under Aliens pretended Right and their agents, 



I^IASONIAN PAPEKS GENERAL. 321 

continue to inveigle and deceive the unwary to pureliase the lands 
Owned by the l*urchasers oi: John Tufton Mason Esq"" in New- 
Hampshire, and Some persons wliose Principles are Such, that if 
they can get tlie land for their own use, care not whether it be by 
right or wrong they obtain it, who have taken grants from the Claini- 
ers under Aliens Heirs — as many of y^ Claiujers and asserters of 
Aliens right, are Genei-als in the New Hampshire malitia, it Seems 
as if they depended upon military manoevers to establish that Stale 
and pretended title of Allen to the lands in New Hampshire than 
any Legal right or title, to the disturbance of the peace and civil 
Government of the State — as many persons, may b(i tamjiered with 
to be iudueed to make purchases or accept grants under the Claim 
of Aliens heirs, who are unacquainted with the Right & Title of 
John Tufton Mason Esq'" to the lands he sold in New Hampshire, 
some brief Sketch of that Right and the pretended Claim of Aliens 
Heirs may be of Use to prevent deception — wherefore they mav be 
informed — That in the year 1G91 John & Robert Tufton Mason 
Grandsons to Cai)"^ John Mason by their deed did Sell unto Samuel 
Allen Esq'' of london their right to the lands in New Hampshire, to 
which they were entitled by the Will of their Grandfather Cap* John 
Mason who by this will entailed the Same to the heirs lawfully 
begotten of their Body — to dock the entail, a process was had in 
the year l6iH} in the County of Kent in great Britain for that pur- 
pose — which Process in great Britain is well known and aserted by 
eminent Lawyers .could be no bar to the entail of his lands in New 
Hampshire, so that Samuel Allen Esq"' could not hold the Estate, by 
the Conveyance of John and Robert Tufton Mason no longer than 
during the life of John & then of Robert devisees in tail nor is it 
known that any Estate of land in New Hampshire is held by any 
person claiming under Allen by virtue of his purchase made of John 
& Robert Tufton Mason nor from any of the Heirs of Allen since 
his Decease — and that any Title or claim under Allen, for more 
than Sixty years past has not esteemed of any Validity by the Gov- 
ernment of New Hampshire, as many grants of Townshi].s were 
made within Masons Claim by y*^ Gov'' & Council of that Province 
untill John Tufton Mason Esqu'^ apeared to assert his claim to the 
lands in New Hampshire extending Sixty miles from Stated bounda- 
ries as heir to Ca])* John Mason his Ancestor and when Occasion may 
require, full and Suilicient Evidence can be produced to coidii-m and 
establish his Title to those lands — as also of the Right and Title to 
the Same Lands to be to the Gentlemen to whom he made the Con- 
veyance — and that Aliens Claim or title under Mason was as well 
known in the Mass'* Government forty or fifty years past as lately, is 



322 CHARTER RECORDS. 

without any doubt and ever Since the lands of non Residents owners 
have been taxed in this State the Proprietors readilj' paid that Tax 
assessed on Such lands, when they were not prevented by clandes- 
tine and fraudulent practices of y^ collectors of those Taxes in Sell- 
ing a large part of their valueable lands for less than a twentyeth 
part of tiieir value — Though they Suffered much by that means The 
Proprietors have paid large Sums in those Taxes for the Support of 
of y" Government of this State — in the year 3 737 — a Commission 
issued under the great Seal of England constituting Commissioners 
to try and determine the boundary lines betwixt the Provinces of 
Massachusetts Bay & New Hampsiiire — the Massachusetts Govern- 
ment thought it expedient in the course of that trial before it was 
tinaly determined to find and employ the right owner of the Claim 
and right of Cap' Jolm Mason, to the Sixty mile grant in New 
Hampshire, to be employed for certain purposes, for their Service 
in the dispute — The Com'®'' of the gen" C'ourt of Massachusetts, 
with the advice of eminent counsellors of law — who were as well 
acquainted with the State of Aliens Claim, as any persons now in 
being, made no Application to Aliens heirs for their purpose, Some 
of them reside in Boston or near — but that Com'*^® applied to and 
produced John Tufton Mason as heir and right owner of the Sixty 
Mile Grant in New Hampshire to John ]\Iason his Ancestor, and as 
the Limits of the Townships call'd Salisbur^^ Almsbury Haverhil Dra- 
cut & Methuen were partly moie than three miles from Merrimack 
river — they purchased that part which lay within the Jurisdiction 
of New Hampshire, of John Tiifton Mason and put his Deed of 
Conveyance on the Records of New Hampshire, by w*"'' was mani- 
fested the Opinion of the Government of the Massachusetts Bay of 
the Owner of the Right of John Mason Esq"" of the Sixty Mile 
Grant in New Hampshire and said John Tufton Mason was Sent to 
London at the Mass* Governments Expence, as Proprietor and 
Owner of the Lands of his Ancestor John Mason Esq'' in New 
Hamp'' with })roper certificates of his being the right heir in tail to 
John Mason his Ancestor — In the year 1746 John Tufton Mason 
prosecuted a common Recovery in the Court of Comon pleas held at 
Portsmouth in the Province of New-Hampshire, to dock the Intail 
in the Will of Cap* John Mason his Ancestor, by which the lands 
New Hampshire of his Ancestor was rendered his Estate in fee 
Simple — and possession of the Same was delivered to him in form 
of law — Soon after the Said John Tufton Mason by his deeds con- 
veyed to Sundry Persons, his Right to the lands in New Hampshire, 
excepting one thirtieth part which he reserved for his own use, and 
those purchasers have never been molested in their Claim and Right 



MASONIAN PAPERS GENERAL. 323 

purchased of John Tiiiton Mason in ii<^ht of the down of iijreat 
IJritain or by Governnient of New Hampshire at any time Since 
they Purciiased — but i^i'ant(>d Lands for Townships and quitclaimed 
sundry and smaller Tracts of hind — and the grantees under the Pro- 
prietors ^: Purchasers of John Tufton Mason from the year 1748 
have quietly enjoyed their Grants without any Molestation, and tliey 
and their Heirs have made many and great Improvements on those 
Grants and rendered a WiUlerness fruitful! and beneficiall to them- 
selves, and the State — nor hath apeared any person to disj)ute the 
Right under John Tuftou to any part of their j)urchase except a 
Gentleman as an Attorney to the Heirs of Sir Charles Hobby, to 
the right, he purchased of Thomas Allen of London Esq"" only Son 
of Samuel Allen Esq^ — upon Examining the State of Aliens Right 
and conversing with y® present Proprietors ujion their Claim he, 
made no Attempt to make any demand for Charles Hobby's Heiis — 
there were one or two Townships which were claimed under Grants 
of y^ Government of Mas'* Bay, where the Right of John Tufton 
Mason was disputed and two Actions were com'enced and prose- 
cuted & Verdicts & Judgements of the Superiour Court were given 
in favour of the Right of the Purchasers of Jn" Tufton Mason and 
y*" grantees of those Townships have ever Since quietly and peace- 
ably enjoyed their Grants of Said Purchasers — as the Claimers under 
John Tufton Mason in all Proceedings have taken no Steps respect- 
ing the Lands they purchased has been conformable to law & the 
Rule and Authority of Government — they expected to be quiet 
under the present Constitution of Government of this State — but 
tind a number of Persons, under pi-etence of the Stale Claim Allen, 
are Subverting Right and Property, to the disturbance of many of 
the good Subjects of this State and to great Injury of many persons 
— Any Persons who enter upon the lands of the Purchasers of John 
Tufton Mason in the State of New Hani])shire, whether bv gi-ant or 
purcliase under the Right of the heirs of Samuel Allen Esq'' may 
rely upon their being prosecuted in the law for any Such Trespass 
Notwithstanding a Committee of the Proprietors of the Lands 
purchased of John Tufton Mason Esq"" in New Hampshire, in April 
last, published in the New Hampshire Gazette, had given caution to 
any persons of purchasing or enteiing u])on the lands of Said Pro- 
prietors within their Claim — by virtue of the Stale Claim of Samuel 
Allen's Heirs — there are reports that Some Heirs of Allen or their 
Agents have given or Sold Sundry parcels of land of Said Propri- 
etors within the Bounds of Mason's Claim y' Some Persons have 
accepted Grants under Allen's Title, who care not how they obtain 
the land, by right or wrong, if they can get it for their own use; 



324 CHARTER RECORDS. 

and others enveigled to make purchases at very low rates under 
Aliens Title — to prevent the Deception encreasing & unwary per- 
sons from purchasing & entring upon the Lands of the Claimers 
under the Title of John Tufton Mason Esq'' a brief State of the 
Titles of Right claimed by the Heirs of Samuel Allen Esq^ and that 
of John Tufton Mason Esq'', are herein declared — in I^espeet to y^ 
Claim of Aliens heirs it may be Said that Cap' Jolni Mason of Lon- 
don the original Grantee of these lands in New Hampshire granted 
to him by the Council at Plymouth in the County of Devon, by his 
Will devised Said lands to his grand Child John Tufton and to the 
Heirs of his body lawfully begotten, and for want of Such issue, to 
Robert Tufton his Grand Child, and to the Heirs of his body law- 
fully begotten — who were to alter their Sirname and take the Sir- 
name of ALison — which they did — in the year 1690. John & Robert 
Tufton Mason in the County of Kent in great Britain, Sue out a 
common Recovery to dock the Entail in the will of their Grand- 
father Ca])' John Mason — in the next year 169L John and Robert, in 
one deed Sell to Samuel Allen Esq'' the whole of these lands in New 
Hampshire. Some few years after John the elder Brother died 
without issue and Samuel Allen Esq'' was Commissionated (tov'' of 
New Hamp'' came into y^ Province in y^year 1700 & resided in New 
Hampshire, but a few years before his Death, leaving one Son 
Thomas & four Daughters, Thomas died about the year 1715 leav- 
ing two Sons one daughter — in 1708 Thomas Allen Sold to Sir 
Charles Hobby one fourth part of his father's purchase, in New- 
Hampshire — and Governour Allen had before conveyed the greater 
part if not y*' whole of the lands he Claimed in N'ew Hampshire to 
others, however, it does not appear that any part of the land in New- 
Hampshire which Allen purchased of John & Robert Tufton 
Mason, is possessed or held under him or his Heirs — nor could be 
held against the other Heirs in tail of Cap' John Mason after the 
decease of John and Robert his Grandsons — as the fine and Recovery 
Sued in the County of Kent in great Britain could not bar y® entail 
of lands in New Hampshire in New England, especialy when the 
Court in New Hampshire was Subsisting before and Since, the year 
1790 — where it must be Sued with effect to dock the entail of lands 
in the Province of New Hampshire In respect to the Title of John 
Tufton Mason Esq"" to the lands in new Hampshire claimed by the 
Proprietors Purchasers, and of his Right to those lands some Facts 
are alledged to evince that John Tufton Mason Esq"" was the right 
heir and Proprietor of the lands in New FLampshire claimed by 
Allen's Heirs — That in the year 1737 a Commission issued under 
the Great Seal of England constituting principal Gentlemen of sev- 



MASONIAN rAVEIlS GENERAL. 325 

eial Provinces, to hear aiul determine the Dispute of tlie boundary 
lines betwixt the Provinces of the Massachusetts Bay and New 
Hampshire — when the Committee for the Province of Mass'' Bay- 
consisting of the most eminent Gentlemen of their General Court 
with two of the most noted Lawyers in new England laid their 
Claim before the Commissioners, of their Northern boundaiy line, 
thev could extend their Claim no farther northward than three 
miles north of Merrimack River, & which is the Southerly boundary 
of Masons Grant, of New Hampshire from y'^ Council at Plymouth 
and as the Towns of Salisbury Almsbury Haverhill Dracut and 
INIethuen bordering on merimack river northward boundaries 
extended more than three miles north from Merrimack River, to 
Save the Proj^erty of the Inhabitants of those Towns within their 
Limitts as they were then bounded, that Committee for a valuable 
Consideration purchased the land within the limitts of those Towns, 
which lay without their line of Jurisdiction, of three miles north of 
Merrimack river, of John Tufton Mason as the right heir of his 
Ancestor Cap' John Mason and Proprietor of his lands in N 
Ilamp' — and had Masons Deed recorded in the Records of New 
Hampshire, about the time of Trial Of the boundary lines of Juris- 
diction betwixt the two Provinces was before Commissioners & 
before the Determination of the boundary lines was ever made, the 
Government of the Massachusetts Bay at their Expence for some 
purpose resjiecting his being S'' Proprietor of the lands in New 
Hamp"^ Sent John Tufton Mason to London with Sufhcient certifi- 
cates of his being Proprietor of the Sixty mile grant of Lands in 
New Hamp"" to his Ancestor Cap* John Mason, and of his being the 
right Heir and Proprietor of those lauds, at this time and Occasion 
The Government of Massachusetts bay, never applyed to y'' Heirs of 
Allen for their Right in Masons Grant in New-Hampshire, or of 
Usher's Heirs who purchased of Allen or any Person holding the 
land in the right of Allen or his Heirs — The Right & Title of Allen 
was then as well or better understood in the Government of the 
Massachusetts Bay, as any time Since — who by their Transactions 
with John Tufton Mason have fully manifested tlie o])inion and Sense 
of that Government that John Tufton Mason being then the right 
Heir and Proprietor of the lands in New Hampshire granted by y® 
Council of Plymouth to his Ancestor Cap* John Mason — About the 
year 1744 The Government of New-Hampshire was in treaty with 
John Tufton Mason Plsq'' about purchasing the Lands he Claim'd in 
N Hamp"" and afterwards proposed to purchase of the Purchasers 
Now Pro])" of Mason's Claim, at which transactions his Title was 
fully acknolegcd by y* Government of N. H, but hi the year 1746 



326 CHARTER RECORDS. 

John Tufton Mason Esq' Sued a common Recovery in the Court of 
Common pleas held at Portsmouth in the Province New Hampshire, 
to dock the entail of the lands in New Hampshire, devised in the Will 
of Cap' John Mason his Ancestor — which was effected, and he put 
into [)Ossession of the lands in a fee Simjjle Estate — After docking 
the Entail by his Deeds he conveyed all his right to those lands in 
New Hampshire, excepting one thirtieth part which he reserved to 
his own use, to Sundry persons and those purchasers possessed the 
Same quietly and unmolested by any demand of the Crown or hav- 
ing their boundaries ascertained by the order & direction of Govern- 
ment of New Hampshire, nor had any Person in Allen's Right or 
any other made any Claim of the lands they purchased of J. T. 
Mason Esq'', for near forty years, till within a twelve month past 
some of Aliens Heirs have published a pretended Claim to the lands 
in New Hampshire that was Cap* John Mason's — many Petitions 
from Persons of the Massachusetts, and New-Hampshire being made 
to the Proprietors holding the lands in New Hampsh' under John 
Tufton Mason Esq'' for Townships &c they granted many Town- 
ships to y* Petioners within their Claim in which the Grantees and 
their Heirs have quietly enjoyed their Grants under the Protection 
of Government many years and made man}' & great Improvements 
in them by reducing a Wilderness to fruitfull fields beneficial to 
themselves and this State, but the Grantees are now alarmed by a 
Stale Claim of Aliens Heirs, how groundless that Claim is in the 
Opinion of the ablest Counsel! in Massachusetts & New Hampshire 
& not being on any Solid foundation to support it's Title may appear 
by the above Sketch of it's State — and as long as the Constitution 
of the Civil Government of this State shall continue, there is no 
danger of Estates being So long possessed and improved under so 
good a Title as the Grants made by the Proprietors of the lands 
purchased of John Tufton Mason Esq'' in New Hampshire which 
Title has been approved by Goverment Massachusetts Bay and of 
New Hampshire, and the ablest Counsellers in Law both of those 
Governments but if miletary Methods are to be used by Aliens 
Heirs to establish their Claim to lands in New Hampshire, another 
Constitution must take place in this State than that we have, and 
then no Property can be Safe, it being reported that four Generals 
of the Militia of New Hampshire are engaged to Support the Claim 
of Aliens Heirs; and a number of Agents are employed to go from 
town to town to inveigle Persons to purchase the Lands of the Pro- 
prietors at a Small part of their Value, these Agents may be justly 
esteemed Barrators more especialy by the People, whom they 
attempt to deceive by Subverting Right & Property of a con- 



MASONIAN PiVrEHS GENERAL. 327 

siderable of the State of N Ilamsh' — any persons who shall enter 
upon the land of the Pro])iietois which they purchased of John Tuf- 
ton Mason Esq' in New Hampshire either by grant or purchase 
under y'' Claim of Aliens heirs, may rely on their being prosecuted 
as Trespassers. — 



\_Historii of the Title^ and Caution.'] 

[Masonian Papers, Vol. 2, p. 88.] 

A Committee of the Proprietors of the Lands purchased of John 
Tufton Mason Esq'' in New Hampshire in April last published in 
the New Hampshire Gazette a caution to — Persons against purchas- 
ing or entering upon the lands of said Proprietors within their claim, 
under colour of })retence of the stale claim of the Heirs of Samuel 
Allen Esq''. Notwitlistanding that caution, according to report some 
heirs of Allen, or their Agents have given, or sold sundry parcels of 
land of said Proprietors, under the pretended Title of Aliens ; and some 
persons have accepted their Grants, and others have been inveigled 
to make purchases of the land at very low rates. To prevent there- 
fore the deceptioji from increasing, and unwary persons from 
purchasing and entering upon the lands of said proprietors, and for 
quieting the minds of those, who hold their possessions by grants of 
the Proprietors, a brief State of the right and title of the Claimers 
under the Heirs of Samuel Allen Esq'' to Lands in New Hampshire, 
and that of the purchasers from John Tufton Mason Esq'' is presented. 
In respect to the Title claimed by Allen's Heirs it is declared, that 
John Mason of London Esq"" the original Grantee of the Lands in 
New Hampshire from the Council at Plymouth in the County of 
Devon in Great Britain, by his will devised said Lands in New 
Hampshire to his Grandchild John Tufton, and to the heirs of his 
body lawfully begotten, and for want of such issue, to Robert Tufton 
his Grandchild, and to the heirs of his body lawfully begotten, and 
required that they should alter their Surname and take the Surname 
of Mason which they accordingly did. In the year 1690, John and 
Robert Tufton Mason brought common recovery in the County of 
Kent in Great I>ritain, to dock the entail of the lands in New Hamp- 
shire, devised in the Will of their Grandfather John Mason Esqr. 
In the next year 1691, John and Robert by one deed sold to Samuel 
Allen Esqr those lands in New Hampshire. A few years after John 
the elder brother died without issue; Samuel Allen Esqr was com- 
missionated Governor of New Hampshire and came to his Government 



328 CHARTER RECORDS. 

about the year 1700; and in a few years he died in New Hampshire 
leaving one son Thomas and four daughters. In 1706, Thomas Allen 
sold to Sir Charles Hobby one fourth part of the lands in New Hamp- 
shire which his Father purchased of John and Robert Tufton Mason. 
About twenty five years past a Gentleman arrived here as Attorney 
to the heirs of Sir Charles Hobby to take care of their interest in 
the lands Sir Charles purchased of Thomas Allen : upon enquiry and 
examining Allen's title, and the Title of the purchasers from John 
Tufton Mason Esq'^ the agent acknowledged the Title under Allen 
could not be supported, relinquished his pursuit, and went off. Gov- 
ernor Allen and his son Thomas had conveyed the greater part if not 
the whole of the land they claimed in New Hampshire: However it 
does not appear that any part of the land which Allen jnirchased of 
John and Robert Tufton Mason in New Hampshire, is held or pos- 
sessed by any person in the right or title of Allen, or of those to 
whom Allen or his Heirs had made a conveyance of their right; nor 
could it be holden against the heirs in tail of John Mason Esqr after 
the decease of John and Robert his grandsons : as the Fine and 
Recovery sued in the County of Kent in Great Britain, could not bar 
the entail of Lands in New EJampshire in New England : and more 
especially when the Court in New Hampshire was subsisting before 
the year 1690 where it must have been sued in order effectually to 
dock the entail of those lands in New Hampshire. 

The mention of one reason will suffice to shew the absurdity of 
supposing that Recovery to be effectual. The Law makes it neces- 
sary that the Sheriff of the County where the common recovery 
is sued should put the Party recovering into possession of the prem- 
isses ; and the Sheriff of the County of Kent in Great Britain had 
surely no authority to put any one into possession of Lands in Netv 
Hampshire in Neiv England; a place rather out of his Bailiwick! 

In respect to the right and title of John Tnfton Mason Esq'' to the 
lands in New Hampshire, which the Proprietors claim by purchase 
from him, some facts are alledged to evince that he was the right 
Heir and Proprietor of those Lands, which the Heirs of Allen pre- 
tend to claim. In the tenth year of the Reign of George the second, 
1737, a Commission issued under the Great Seal of England constitut- 
ing principal Gentlemen of several Provinces a Court to hear and 
determine the disputes respecting the boundary Lines betwixt the 
Provinces of Massachusetts Bay and New Hampshire. The Com- 
mittee of the Province of Massachusetts Bay consisted of the most 
eminent Gentlemen of their General Court and of two of the great- 
est Lawyers in New England. When that Committee laid their 
Claim of the northerlv boundary Line of the Province of Massachu- 



MASONIAN PAPERS GENERAL. 329 

setts Bay before the Court of Coniniissit)iiers, they chiimed as their 
north boundary line a line no I'aither northward than three miles 
north of Merrimack River; which Line was also claimed by the 
Committee of New Hampshire as the southward boundary line of the 
Province of New Hampshire ; and was also a boundary of Mason's 
Grant. The Townships of Salisbury, Almsbury, Haverill, Dracutt, 
and jNIethuen. bounding southerly on Merrimack River, and their 
northern Boumlarys extending nnich more than three miles north of 
Merrimack River, as the Massachusetts Bay could not claim or exer- 
cise Jurisdiction more than three miles north of Merrimack River, 
and those five Townships being bounded and settled by that Gov- 
ernment, they were desirous of coniirming the property of the Soil 
in those Townships to the Inhabitants that lay northward of their 
line of Jurisdiction, and within the bounds of those five Townships. 
To accomplish that Intention they had recourse to the Heir and 
Proprietor of Mason's Grant from the Council at Plymouth of the 
Lands in New Hampshire; And applied to John Tufton Mason then 
resident at Boston as that Heir and Pioprietor ; who for a valuable 
consideration of Five hundred pounds conveyed his right to the 
Land within the bounds of said five Townships containing many 
thousand Acres to the Massachusetts Committee ; and his Deed was 
recorded in the Records of New Hampshire. The Court determin- 
ing the boundary Lines betwixt these Provinces rendered their 
Judgement in that cause, from wdiich Judgement both Provinces 
appealed to the King in Council. About that time the Province of 
Massachusetts Bay at the expence of the Province sent John Tufton 
Mason to the Court at London, on some other purpose than respected 
the boundary Lines of the Province, furnished with sufficient Certi- 
ficates of his being the right Heir and Proprietor of the Lands in 
New Hampshire, granted by the Council at Plymouth in Great 
Britain to John ALison Esqr. The Goveinment of INIassachusetts 
Bay made no Ai)[)lication for the purchase of Lands in those five 
Towns to the lieirs of Allen, or to any person to whom Allen, or his 
heirs had made a Conveyance of the whole, or any ])art of the Lands 
in New Hampshire, within the Grant to Mason : Although at that 
time the })retended Title of Allen to those Lands was at least as 
well understood by the Government of the Massachusetts Bay. as by 
any persons at any time since. That Government by their transac- 
tions with John Tufton Mason have fully manifested their opinion 
and sense that John Tufton Mason was the right heir and proprietor 
of the Lands in New Hampshire, granted to his Ancestor John 
Mason Esqr. 

John Tufton Mason bciufr iu Loudon in the year 1739 when John 



330 CHARTER RECORDS. 

Thomliuson Esqr was then Agent for the Province of New Hamp- 
shire, the latter from his knowledge of Mason's right to the Lands 
in New Hampshire and of the importance of purchasing that right 
for the Government, without instructions from his Constituents, 
entered into an Agreement with Mason, by which he (Mason) was 
to convey his right and title to those Lands to the Government of 
New Hampshire in Consideration of a certain sum of money &ca. 
The Governor laid that Agreement before the Assembly, and sent to 
the House to desire they would come to some resolve about the 
Agreement between Cap' Thomlinson and Mason. The Assembly 
resolved that said Agreement should be forthwith complied with on 
the part of this Government, and that the right that said Mason 
claims should be purchased for the benefit of the Lihabitants of tins 
Province. Agreeably to this Resolve, the Assembly appointed a 
Committee, to join such as might be appointed by the Council, to 
treat with Cap' John Tufton Mason about fulfilling his Agreement 
made with M'' Thomlinson, of conveying the right said Mason claimed 
to this Province. 

The Result was, that the different Opinions in the Branches of the 
Legislature in the disposal of the unimproved Lands prevented the 
purchase being made of Mason : which put an end to that Agree- 
ment. At the Term of the Inferiour Court of Common Pleas held 
at Portsmouth in New Hampshire June 1746, John Tufton Mason 
Esqr sued a common Recovery to dock the entail of the Lands in 
New Hampshire which he held in the right and by the devise of his 
Ancestor John Mason Esq''; at which Court Judgment passed to 
dock the entail of those Lands, and accordingly livery and seizin of 
the same was given by the Sheriff. After the process of docking the 
entail, and entry and seizin was compleated, John Tufton Mason Esqr 
by his Deeds conveyed his right and title to those Lands, (except one 
thirtieth part which he reserved to himself) to a number of Gentle- 
men, for a consideration in money by one half more than that for 
which he contracted with John Thomlinson Esqr to sell to the 
Province. When the purchasers were possessed of Mason's right, 
they executed a Deed of Quit Claim of their right to all the Towns 
granted by the Government of New Hampshire where any Settlement 
had been made, upon no other consideration than quieting the Lihab- 
itants who possessed the Land under the Grants of the Government 
of New Hampshire ; and the Proprietors continued in quiet and 
peaceable possession of the Lands they purchased of John Tufton 
Mason Esqr. Li the year 1746, the Council and Assembly of the 
Province of New Hampshire resolved, that for quieting of the people of 
this Province, and to prevent future difficulties and disputes, it would 



MASONIAN PAPERS GENERAL. 331 

be best for this Province to i)urt'liase Mason's Claim for the use and 
benefit of the Inhabitants of this Province, if the Purchasers would 
sell it for the same sum they gave for it, and charges. And applica- 
tion was made to the Proprietors by a Committee of both Houses, 
with the Governor's assent, to know if the Proprietors would sell 
their right they had purchased of INlason for the sum they gave for 
it. and charges; To which proposal they agreed; and gave it under 
their hands, that they were ready to perform what they had agreed to, 
and desired the Committee would prepare a Deed for executing the 
conveyance as proposed. The Proprietors were iu expectation of 
having the Deed presented soon after, and waited from 1746 to 1748, 
for it. Adjournments of the General Assembly or some Accidents, 
the proprietors conceived, ])revented a Deed being presented sooner. 
In the mean time many Applications were made to the Proj)rietors 
for grants of their Lands: after long waiting for the Deed they ex- 
pected, they requested the Assembly would finish the Affair of the 
purchase, not making any grants before the matter of conveyance 
from them to the Government was determined. At length a Deed 
was presented by a Committee of the Council and Assembly, to the 
Proprietors for perusal, and to execute; the Deed was liable to many 
objections, which were made, and oneoi such weiaht, that it appeared, 
the Deed was calculated to prevent the Proprietors from conveying 
their Claim to the Province; and they were informed that it was so 
contrived; and that the same motive which before had hindered the 
purchase from Mason by the Government, now prevented the pur- 
chase from the Proprietors ; and so the Treaty of Sale ended. 
Petitions to the Proprietors for grants of Land for Townships multi- 
plied, from Persons of the Massachusetts Bay, and of New Hampshire, 
and Grants were accordingly made in consequence of those Petitions, 
and as there were no other Claimers of ungranted Lands in New 
Hampshire but the Crown and the Proprietors of Mason's Claim, in 
order to have the proper boundaries fixed, to prevent encroachments 
by Grants under the Crown, or of the Proprietors, and any disputes 
of persons under tlie grants of either, application was made to the 
Surveyor General of the Crown Lands in New Hamjfshire, to have 
the same effected, and by his Authority and direction, the same was 
ascertained and marked, by a skillful Surveyor and chainmen under 
oath, and a plan of the same was returned under oath and attested 
by the Surveyor General. And the Lands adjacent to the western 
boundary line of Mason's grant, as asceitained and marked b}' the 
Authority of the Snrveyoi- General, the eastern bounds of the Town- 
ships granted by the Government, and the western bounds of the 
Townships granted by the Proprietors,' were bounded aiul limited by 



332 CHAETEll IlECORDS. 

that Line, or intended to be so bounded and limited, both by Govern- 
ment and Proprietors, in those Grants. And Grants of Townships 
have been made, bounding both on the eastern and western side of 
that Line, almost upon its whole extent from south to north. And 
the Grantees on both sides of that line have settled, and made great 
improvements on their Lands in those Townships for many years. 
The Townships granted by the Proprietors have been made, some of 
them more tlian thirty five years past, and nearly all above thirty 
years. The Grants of those Townships were made, held and settled, 
under the approbation and protection of Government, and the Towns 
were enfranchised as other Towns in the Government were, and the 
Grantees and theiu Heirs have quietly enjoyed their Grants without 
any claim being made of the Soil by the Crown, or Government of 
New Hampshire, or any person whatever, 'till of late. And they and 
their heirs, at great expence and labour, have reduced a Wilderness 
to fruitful Fields; producing Fruits to their own emolument, and 
benefit to the Public, without the least molestation 'till within fifteen 
months past. The right and title of John Tufton Mason Esqr, under 
which they held their Grants, had been ipublickly and without con- 
troversy held up as good and valid, and to be relied on, it had been 
amplj' declared to be so by the transactions of the Government of 
Massachusetts Bay with Mason; and by the careful regard to the 
wellfare of the Province of New Hampshire shewn by their worthy 
Agentwho contracterl with Mason to convey his right to these Lands 
to the Province of New Hampshire ; and by the recognition of that 
Right by the three branches of the Legislature of the Province in 
their resolves and votes to purchase the same in the manner before 
mentioned. And the same Legislature has also acknowledged the 
same right to those Lands to be in the Gentlemen wdio purchased of 
Mason. 

Any one of these Authorities considered singly, is a strong induce- 
ment to conclude that the right and title of John Tufton Mason Esqr 
to the Lands he claimed in New Hampshire were good and valid, 
but taken together the presumption is so forcible as scarcely to ad- 
mit of a doubt — . And that the Proprietors, who purchased of him. 
had an undoubted right to the Lands, when occasion may require, 
full and sufficient evidence can and wi-ll be produced. 

The preprietors from the time they made the ])urchase have been 
at great and necessary expence, respecting their Grants, and settling 
the Lands, iti which a conformity to the regulation of Government 
in those matters, has been always carefully regarded. — Ever since 
the lands of non-resident Owners have been taxed in this State, the 
Proprietors readily paid their Tax when they were not prevented by 



MASONIAX PAPERS GENERAL. 333 

clandestine and fraudulent practices of Collectors, and their confed- 
erates, in selling large quantities of their lands for very inconsidera- 
ble sums; which has been managed in such an artful manner, that 
the sales could not be prevented Iw the own&rs of the lands paying 
the taxes. However the Proprietors have been injured in that man- 
ner, they have contributed in payment of taxes on their non-resident 
lands large sums for the support of the Government of this State. 

Fr(»m the year 1746 the Proprietors, and those who hold under 
thcui. have been un-niolested in their property in these I^ands 'till 
about fifteen months past, when the pretended Title of the Heirs of 
Allen ai)peared in the public prints: who by their conduct and the 
proceedings of their Agents are making attempts to intrude upon 
that property. — which title of Allen, or his Heirs, has been scarcely 
mentioned 'till lately in New Hampshire within the memory of any 
man living. It is certain the Government of New Hanij)shire had no 
regard to it ; for more than sixty years past they granted and have 
continued granting Townships within Mason's claim, and no applica- 
tion has been made to Government, by Allen's Heirs or any person 
under them in the way of asserting their claim to the Lands the 
Government were granting. The Grantees have entered upon their 
Grants, and improved the lands, and were never molested, or a Claim 
ever pretended to those lands by any of Allen's Heirs. But when 
John Tufton Mason P^sq'" appeared in New Plampshire and asserted 
his right and claim of sixty miles from the Sea of the lands in the 
Province of New Hampshire, the Government made no more Grants, 
or from that time intended to make any Grant of the land within 
his Claim, but acknowledged his claim to be good and valid, and have 
also admitted the right and property of the Proprietors who pur- 
chased of him, as is manifested by their votes, and resolves before 
mentioned. For these and other good reasons, the Proprietors have 
not the least conception that the Heirs of Allen can support a legal 
title to the lands they pretend to claim in New Hamjishire, but are 
concerned for the people settled in the lands in their Grants, it being 
reported that lately they have been alarmed by Apprehensions art- 
fully raised of their property's being subverted, and that the peace of 
their minds has been greatly disturbed in respect to their estates, 
which they have long possessed, improved, and (]uietly enjoyed, with- 
out the least molestation 'till lately when Allen's heirs have published 
a claim to their Lands, and they and their Agents have been going 
from Town to Town, advertising the making of Grants, and offering 
for sale the Lands of the Proprietors at low rates, under Allen's 
Title. Doubtless there are some persons of no more principle than 
to take the opportunity, under any pretence of title, by Grants or 



334 CHARTER RECORDS. 

sales of valuable land at low rates, to seize them for their own use. 
And others of a better mind, maybe inveigled, and tempted to take 
Grants, and purchase valuable land, at i-ates much under tlieir value. 
All such persons, and any others, are again cautioned against enter- 
ing upon, improving, or making Waste, in any of the lands 
of the Proprietors, which they purchased of John Tufton Mason 
Esqr in New Hampshire ; for they may rely upon a prosecution for 
any Trespass they make upon any of the Proprietor's Lands. 

[Endorsed] History of the Title by M"^ Humphreys 



\_Request of Elijali Frink^ Aug., 178S.'] 

[Masonian Papers, Vol. 2, p. 46.] 

Lemster Aug^* 1785 
Sir according to your Reqnst I have hereinclosed the minds of 
our Propriety and what we Requst of yours to Remove the Curve 
Line or the in Combranc thereof from these towns and for my own 
Part would Request that it might Be dun as sune as may be to 
Prevent any further Confustion and Lawsutes amungthe People this 
from your most Obediant Hum^*^ Sar"' 

' Elijah Frink 



[^Protest against the Curve Lhie, Sept. 1, 1785.] 

[Masonian Papers, Vol. 2, p. 47.] 

To the Masonian Proprietors Jentlemen we the Proprietors Com- 
mittee of the Towns of Marlow and Lemster Desire to Inform you 
that we have no Desire to take any Special Part in the Public dispute 
Respecting your Western Line but we are fully Sensable that S'' Line 
Never was Desired to Come within our Towns but by Mistake of 
M"" Joseph Blancher who first Run S'^ line to Run the Line About 
two & half Miles on these Towns we Suppose without your Knowl- 
edge, and we think it our Duty to Demand what Land our Charters 
give us and we are Willing to have the Lines of our Towns Run by 
the Surveyor Ge" or his Deputy at y*^ Cost of S'^ Towns and Jentle- 
men we think it but Resonable to Desire you to Renounce all Claims 
within the lines of these Towns in that wav that you in your Wisdom 



MASONIAN PATKHS GENERAL. 335 

Shall see fit and so End the Dispute without further Cost or trouble 
Lemster September y' 1 A 1) 1785 

Eliiah Frink ) ., 
. ,, ,T7-ii ( Coinmittee 

Allen Willey > <• t 

T 1 i> 1 -i-i ( it)r Lemster 

Jabez Deck with ) 



To the jMasonian Proprietors 



Sam'^ Canfield 
Eber T^ewis 
Nathan Iluntly 



Committee 
for Marlow 



Petition of ten towns in Hillsborough county concerning the 
Mason-Allen controversy, May, 1786, State Papers, Vol. 18, p. 767. 



Petition of inhabitants concerning JNIason-Allen controversy, June, 
1786, State Papers, Vol. 18, p. 768. 



Petition from the heirs of Allen, June 12, 1786, State Papers, Vol. 

18, p. 769. 



Report of committee on unimproved lands recommending the set- 
tlement of the western line of the Masonian patent, Jan. 19, 1787, 
State Papers, Vol. 18, p. 785. 



\_Act for Ascertaining Waste Lands, Jan. 16, 1787. ~\ 
[Masonian Pai)ers, Vol. 2, p. 18.] 

State of ) In the year of our Lord one Thousand seven hun- 
New Ilami)'"'^ | dred and eighty seven 

An Act for ascertaining the waste Land belonging to this State 

Whereas it is an object of great importance to the State that the 
waste or unimproved Land belonging to & the property of the State 
be clearly and si)eedily ascertained 

Therefore be it enacted by tiie Senate & House of Representatives 
in General Court convened that the Hon''''' John M'Duffie & Josiah 
Bartlet Esq"^* & Archibald M''Mur[)hy Esq"' be & they are hereb}' ap- 



336 CHARTER RECORDS. 

pointed a Committee with full power and authority for and on the 
part & in the behalf of this State to ascertain settle and fix the 
western Line of a tract of I^and originally granted to Cap^ John 
Mason commonly called the Masonian Line and to effect this purpose 
the said Committee shall have full power and authority to agree with 
the Owners or Claimants of said grant in running marking and 
establishing said Line in such way and manner as the said Committee 
and said Owners or Claimants may mutually agree 

And be it further enacted that in case it shall so happen that the said 
Owners or Claimants and the said Com'^'^ shall not agree in settling 
& establishing said I^ine then said Com'^'^ shall proceed to run and 
mark said Line agreeably to the tenor and construction of the origi- 
nal Grant or Grants of said Tract of Land and make report thereof 
to the Geneial Court — 

And be it further enacted that any Owner and Owners of any 
Lands or other real Estate which may hereafter be sold for the pay- 
ment of public Taxes shall have one year for the redemption thereof 
from the time of sale instead of the time now limited for the redeem- 
ing such estate so sold such Owner or Owners paying the Taxes and 
charges as the Law in such cases directs any Law usage or custom to 
the contrary notwithstanding 

T-T '^ 'it rp 111 the House of Representatives Jan^ 15. 1787 — 
New llamp'^'' \ ^ 

The foregoing Bill having been read a third time voted that it 

pass to be enacted sent up for concurrence 

John Langdon Speaker 

In Senate 16"^ Jan-^ 1787 This Bill having been read a third time 
voted that the same be enacted 

John Sullivan President 
Copy examined by Joseph Pearson Sec*' 

[Act to Quiet Land Purchasers^ June 28, 1787.1 

[Masonian Papers, Vol. 2, p. 49.] 

State of New Hampshire. — 

In the year of our Lord, One Thousand Seven Hun- 
[L. S.-] dred & Eighty seven. — 

An Act, to quiet all bona fide purchasers of lands, 
between a line crossing over lands upon a strait Course, from the 
Northeast extremity of the East line of Masons patent, being sixty 



f 

MASONIAN PAPEKS GENERAL. 337 

miles from the Sea on a strait line, ami running to the extremity of 
the western side line of said patent at sixty miles distance from the 
Sea, on a strait line, and the curve line, (so called,) claimed by the 
persons, calling themselves the masonian Proprietors, as the head 
line of said patent. — 

Whereas doubts may arise in the minds of honest Settlers, and 
bona fide purchasers, that they may be disturbed in their possessions, 
if the latuls between the said head line, at the end of sixty miles, 
and the said curve line, should be recovered and taken possession of 
by the State — Wherefore to remove all such doubts — Be it enacted 
by the Senate and House of Representatives in General Court con- 
vened, that all lands situate between the said curve and strait lines, 
which were bona fide granted, or sold, by the King of great Britain, 
as by the persons calling themselves the masonian Proprietors ; or 
by the persons claiming the lands within the said patents, in the 
right of Samuel Allen Esq prior to the first day of June 1786, be 
and hereby are quietted in the title of lands so purchased, so far as 
that the State shall not hereafter disturb, or interfere with such 
titles. 

And be it further enacted, that such persons, as have entered, and 
made improvements, upon tracts of land between the said curve, and 
strait lilies, that have not been heretofore granted or sold, by the 
king of great Britain, the masonian proprietors, or the heirs of Sam- 
uel Allen Esq'^ such persons, or Inhabitants shall be quieted in their 
possession upon paying to this State the value of uncultivated lands 
in the vicinity of the same. — 

And be it further enacted, that the boundaries of all Townships 
within this State, shall be and remain as heretofore fixed and estab- 
lished, notwithstanding any alteration that may happen in the estab- 
lishment of the head line of said patent. — Provided neveitheless, 
that nothing in this Act contained, shall be construed to extend to 
lands now claimed by persons commonly called the masonian Pro- 
prietorSv or their Heirs ; or the Proprietors claiming under Samuel 
Allen Esq"" or their heirs, in their own right, or any Township 
granted or conveyed to and among themselves, not bona fide con- 
veyed to any other persons or to any lands reserved by them, or 
either of them, to and for the use of themselves and their Heirs. — 

TT /. f In the House of Representatives June 28"' 1787 

Hampshire \ '■ 

The foregoing Bill having been read a third time, voted that it 

pass to be enacted. — 

Sent up for Concurrence 

John Sparhawk Speaker 

22 



338 CHARTER RECORDS. 

In Senate the same day, This Bill having been read a tliird time, 
voted that the same be enacted. 

Jn° Sullivan President 



\^Protest of Masonian Proprietors.'] 
[Masonian Papers, Vol. 2, p. 105.] 

To the Committee for ascertaining the waste lands belonging to 
this State. 

Gentlemen. 

The Proprietors of the Lands purchased of John Tufton Mason 
Esq"" would observe that the Western line of Mason's Patent has, 
long ago, been run by Order of the King of Great Britain, while the 
late Province was part of his Dominions; that the line so run has 
been, again, and again recognized, by Royal Grants bounding 
thereon ; as well as by Grants of the Proprietors, to many indi- 
viduals holding and enjoying the Lands, under the same Grants, 
respectivel3^ — 

That as an Alteration of the Line recognized, and established, as 
the boundary between the Grants made by the Crown, and the 
Proprietors, w^ould derange, and perhaps totally destroy the Grants 
so made by both, and create great uneasiness, and animosity among 
many Subjects of this State ; at a time when the greatest harmony 
and cordiality ought to prevail. The Proprietors from a regard to the 
public Good, and a sense of the sacred Rights of Property, can never 
consent to an Alteration of the line, but must protest against the 
Committee's invading or running any lines of the Proprietors Lands. 
While they conceive that no ex-parte proceedings of the Committee, 
can ever substantially affect the Title — For according to the Laws, 
and Constitution of this State, nothing, but an impartial decision of 
their Country can deprive them of their Property. 



ILht of George Jaffreys Lots, March 21, 1788.] 

[Masonian Papers, Vol. 2, p. 52.] 

A List of Lots of Land in possession of George Jaffrey or sup- 
posed to be in Masons Grant as a Proprietor 

Goffs Town .... 2 lots 240 Acres 

Merideth 2 lots 200 

Peterborough ... 1 100 



I I'l f. - -" 



,,^,,fa^7JU>0.<.r^P'^A,..U^_,^ 



'&n.n.d mon.iidn<,ci 



np 



-f tfl 



Tip? a 



. I &• ^' 



I I 1 1 1 




MASONIAN PAPERS GENERAL. 339 

Miadletoii .... 2 220 

New Durham ... 2 220 

Wakefield .... 2 220 

Weare I 120 

Effingham .... 2 280 

Salisbury 1 80 

Parrys town ... I 200 

Andover :J 280 

Henniker o 300 

New Boston addition .1 100 

Wolf borough ... 1 324 

Hillsborough ... 1 100 

Monltoborough ... 2 200 

New Durham Gore .2 1600 

Alexandria & Addition 8 800 

Washino-toii .... 898 

Packersfield 200 

Fishersfield .... 515 

Ossipee 800 

Lyndsboroiigh ... 2 350 

Jaffrev 1 100 

Fitz William ... 2 200 

Temple 2 160 

Peterborough Slip . . 1 80 

Rindge 2 200 

Dublin 2 200 

^Marlborough ... 2 200 

New Ipswich ... 3 220 

Stoddard 3 300 

New-Chester ... 1 100 

Kyah Sarge .... 5 500 

Bradford Town ... 6 553 

Gore near fisherfield .8 800 

Conwav 1 100 

Campell Gore ... 1 100 

in lot N° 8 in reserved 
Share in Gore near New Durham N° 1. 80 

12. 53 

— 133 

Antrim 2607 

Dearing 440 

Gore near Weare 54 



Acres 15694 



340 CHARTER RECORDS. 

State of New Hampshire ) Portsmouth March 21'^^ 1788 
Rockingham ss ( George Jaffrey Esq"" personally ap- 

pearing made Solemn Oath that y*^ above Accompt of land contain- 
ing fifteen thousand Six hundred ninety four Acres according to 
the best of his knowlege, he is now possessed of as an Original 
Proprietor in Mason's Patent. — 

before me Sam'' Penhallow Justice Peace 



[^Terms of Compromise with State, June 2, 1788.'\ 

[Masonian Papers, Vol. 2, p. 63.] 

Whereas George Jaffrey Esq"" Thomas Martin Esq"" Elizabeth VVent- 
worth together with several other Proprietors of Masons Patent by 
their within Agreement of this date have impowerd us to Settle and 
Compromise with the State of New Hampshire for the said States 
claim to any Lands Divided or undivided owned by the said Propri- 
etors within said Patent, Now we hereby ingage that we will not 
give more than one Shilling Lawful Money '^ Acre or Public Securi- 
ties equal thereto — or if we should be able to make said Compromise 
by releasing a part of the Land that we will not give or engage any 
Quantity more than one half part therof Quantity and Quality 
which are the highest terms the said Proprietors have agreed to 
make to secure the residue of their property, & we hereby promise as 
aforesaid that the above mentioned terms in Money or Land is the 
highest sum we will give said State or their Agents to Obtain a 
release & discharge for s'^ States Title & Claim to the Lands afore- 
said June 2'' 1788— 

Daniel Rindge 
John Peirce 



[Deed, State to Proprietors, June 18, 1788.'] 

[Masonian Papers, Vol. 2, p. 54.] 

Know all Men by these Presents that we Thomas Bartlet of Not- 
ingham, Archibald M'^Murphy of Londonderry and Dudley Odlin of 
Exeter, all in the County of Rockingham and State of New Hamp- 
shire Esquires, Agents appointed by the General Court of New 
Hampshire at their present Sessions to release to the Persons calling 
themselves the Proprietors of Masons Patent commonly called the 



MASONIAN PAPERS GENERAL. 341 

Masoniaii Propiietuis, all the Right Title, Claim and Deniaiul which 
the State of New Hampshire now has, or may have or elaim to have, 
to any and all the Lands lying between the Curve line so Called of 
Masons Patent claimed by said Proprietors, as the head line of said 
Patent, and a straight line run as a head line of the same by a Com- 
mittee appointed by the General Court at their Sessions in January 
One thousand seven hundred eighty Seven — For and in consideration 
of Forty Thousand Dollars in Fublick Securities of this State and 
Eight Hundred Dollars in Silver or Gold well and truly secured to 
be paid b}- Daniel Rindge Esquire and John Peirce Merchant both of 
Portsmouth in the County of Rockingham in said State Agents to 
the said Proprietors, to the Speaker of the House of Representatives 
for the time being to and for the use of said State of New Hamp- 
shire, the Receipt whereof we do hereby in our said Capacity 
acknowledge and pursuant to the Authority given to us by the Gen- 
eral Court do in our said Capacity and in behalf of the said State, 
Remise, Release, and forever Quit Claim, and convey to George 
Jaffrey of Portsmouth aforesaid Esquire and his Associates the rest of 
the said Proprietors called the Masonian Proprietors, their Successors, 
Heirs, and assigns forever to Enure to them and each of them, ac- 
cording to their several & respective Shares, Interests, and Rights 
in said Propriety All the Right, Title, Claim and Demand which the 
said State now has or may or can have, of in and unto any and all 
the aforesaid Lands lying between the Straight line lately run by the 
said Committee of the General Court as the head line of Masons 
Patent and the Curve line aforesaid — 

To have and to hold the said Remised Released and conveyed, 
Premises to him the said George Jaffrey and the rest of the Masonian 
Pro[)rietoi-s aforesaid their Successors Heirs and Assigns forever, to 
be and Enure to them and each of them in manner and form afore- 
said, without the Hindrance or Molestation of the State of New 
Hampshire by virtue of any Act Deed or Conveyance hereafter Done 
made or Sufferd. 

Li Witness whereof we the said Thomas Bartlet, Archibald 
M'Murphy & Dudley Odlin in our aforesaid Capacity as Agents to 
the said State Specially ajipointed for that purpose have hereunto set 
our hands and Seals the Eighteenth Day of June Anno Domini One 
thousand Seven hundred Eighty Eight. 

Signed Sealed & Deliverd 
in Presence of us — Thomas Bartlett [seal] 

John Neal Archibald M'Murphy [seal] 

Benj-' Cragin Dudley Odlin [seal] 



342 CHARTER RECORDS. 

State of New Hampshire / ^ , ^ i oth i iroo 

Rockingham ss- j ^^"^^^'^^ ^""^ ^^ 1^^^ 

Then Thomas Bartlet, Archibald M'Murphy and Dudley Odlin 
Esquires Personally appeared and in their aforesaid capacity acknowl- 
edged this Instrument by them respectively signed and sealed to be 
their free act & deed 

Before John Neal Jus. Peace 

Hillsborough ss. ReC^ 8"' May 1792 and recorded vol: 29 page 
106 and examined by 

Jon" Smith J"^ Reg"" 
Strafeord Records Rec" October 1^' 1795— 

J. P. Gilman Recorder 
Recorded Lib. 20, Fol 354 Examined by 

J P Gilman Register 



\_Report of Proprietor's Committee^ Sept. 5, 1788.'] 
[Masonian Papers, Vol. 2, p. 55.] 

State of New ) Portsmouth February 11'^^ 1788— 

Hampshire \ At a legal Meeting of the Proprietors of the 
Lands purchased of John Tufton Mason Esquire Commonly Called 
Masons Patent held in the State aforesaid — 

Whereas the General Court in behalf of said State has latel}'^ laid 
claim to certain Lands owned by the said Proprietors, between the 
said Proprietors Curve or head line of their said Patent and a 
Straight line lately run by order of said Court, and whereas said 
Claim may have a tendency to obstruct and hinder the settlement of 
that part of said Patent, and to create an Expencive litigation & 
tedious controversy with said State, Now with a View to compro- 
mise and finally settle the same in an expeditious manner — 

Voted that Daniel Rindge Esq'' & M"^ John Peirce be and they are 
hereby a Committee and appointed by and fully impowerd on the 
part of said Proprietors, to treat with the General Court aforesaid or 
any Committee or agents they may appoint respecting the claim of 
said State, and they the said Daniel & John on the part of said Pio- 
prietors are fully impower'd to compromise & settle said Claim with 
said State or with Agents they may appoint, as aforesaid to au}^ Lands 
owned by said Proprietors between their said Curve or head Line 
and the said Straight line, on such terms Conditions and Limita- 
tions as said Daniel & John may think for the benefit of said Propri- 



MASONIAN PAPERS GENERAL. 343 

etors, & said Daniel & John be and hereby are farther impowerd 
on the part of said Proprietors to agree with said General Court or 
any Committee, Agent or Agents appointed by them on the part of 
said State, to Submit and lefer the whole Controversy aforesaid to 
the linal Determination of Men who may be supposed by said Daniel 
& John to be Compotent Judges and of Character proper to decide 
such a dispute, and not inhabitants of said State, whose report shall 
be final and conclusive between the parties — 

Copy of Record Attest Geo. JafErey Pro'* Cle 

Pursuant to the powers given us by a Vote of the Proprietors at 
their Meeting held the 11"' Day of February last, we have treated 
with the said General Court and their Agents and after a tedious 
negotiation we have agreed on the part of said Proprietors, in order 
to obtain a final Settlement of said Controversy that the said Pro- 
prietors for a full release by Deed of all the said States Claim to the 
Lands in Dispute, that the said Proprietors should pay to the said 
State, Eight hundred Dollars in Specie within one Year from the 
date and Forty thousand Dollars in State Notes of the said State 
within four Years with interest on both of said sums until paid, for 
the security of which payments we have given the Speaker of the 
House of Representatives for the time being our joint Bond for both 
said sums dated on or about the IS''^ Day of June last and have 
Received from the said Agents of said State, properly authorized, a 
Deed of Release for all their claim to the Lands aforesaid dated on 
the said 18"' day of June last which we have Already Deliverd 
George Jaii'rey Esquire Clerk of said Proprietors, and now request 
the said Proprietors, will take proper methods for the payment of 
said Bond and indemnif}^ us from all cost interest or Damage on 
account of our signing said Bond, more than our just proportion 
thereof 

Portsmouth September 5"' 1788— 

Daniel Rindge 
John Peirce 



[Georc/e Jaffreijs Bond, Feb. £0, 1789.] 

[Masonian Papers, Vol. 2, p. 63.] 

Know all men by these Presents that we George Jaffrey of 
Portsmouth in the County of Rockingham and State of New Hamp- 
shire Esquire as Principal, and Joshua Wentworth of said Ports- 



344 ^ CHARTER RECORDS. 

mouth Esquire as Surety, ai'e holdeii and Stand firmly bound & 
Obliged unto William Gardner Esquire Treasurer of said State for 
the Time being, in the sum of two thousand Seven hundred Pounds 
in State Notes of the said State to be paid unto the said William 
Gardner Esq"" Treasurer aforesaid for the Time being or his Suc- 
cessor in Office for the use of said State to the which payment well 
and truly to be made and done We bind ourselves our Heirs Execu- 
tors, and Administrators firmly by these presents Signed wdth our 
hands and Sealed with our Seals this Twentieth day of February one 
thousand Seven hundred eighty Nine — 

The Condition of this Obligation is Such that Whereas Daniel 
Rindge Esquire and John Peirce Merchant both of Portsmouth afore- 
said, did as Agents for the Masonian Propriety, and in their behalf 
Agree with the General Court of said State, at their Sessions held 
at Concord in June last, for a Release of all the Title of said State, 
to the Lands Lying betw^een the Curve line of Mason's Patent, so 
called, & a Straight Line Lately Run by the order of the said Gen- 
eral Court, and the said Agents did also Agree to pay the said State 
in Consideration thereof for and in behalf of said Proprietors, the 
sum of Eight hundred Dollars in Silver or gold with Interest in one 
Year from the date of a Certain Bond duely Executed by the said 
Agents dated in said Month of June, which bond was payable to the 
Speaker of the House of Representatives for the time being, for and 
in behalf of said State, and said Agents did also Agree to pay the 
said Speaker the sum of Forty thousand Dollars in State Notes of 
the said State with lawful Interest, in four equal Annual payments, 
to be computed from the date of said Bond, and whereas the said 
General Court at this Sessions began and held at Exeter the 24"* 
day of December last, did Resolve that Each of the Proprietors of 
said Propriety might individually pay or give Security to the said 
Treasurer for liis Proportion of said sum of Forty thousand dollars 
to be paid as aforesaid — Now therefore know ye that if the said 
George JafiErey as Principal, and the said Joshua Wentworth as 
Surety, their Heirs Executors or Administrators Shall well and 
Truly pay or Cause to be paid unto the said William Gardner 
Esquire Treasurer as aforesaid or his Successor in said Office for the 
Time being the sum of thirteen hundred & fifty three pounds 19/1'* 
in State Notes in four Equal Annual Payments to be Computed 
from the Eighteenth day of said June with lawful hiterest from the 
date of this Bond, without fraud or further delay then this Obliga- 
tion to be void Otherwise to be in full force Strength and Virtue 

Geo: Jaffrey [L S] 

Josh Wentworth [L S] 



JIASONIAN PAPERS GENEKAL. 345 

Signed Sealed and 
delivered in Presence of 

The word "luindred"' on the Second 
line from the Bottom of 
first page, first 
Interlined before Signing — 

Sam. Sherburne 

George Wentworth jun' 

Interest to be Cast from 18"' Feby 

1792 Oct'' 2'^ Received of George Jaffrey Esq'^ One hundred and 
<£159 „ 14 „ 8 Equal | Fifty Nine pounds fourteen Shillings and 
to <£456 ,, 7 ,, 7 Notes \ Eight pence Specie on Account of the fore- 
going Bond pursuant to a vote of the General Court passed January 
4, 1792 

Common p^eas August Term 1794 — 

Judg' for £609 „ 7 „ 9 

W. Parker 
Copy Examined by N.. Emery Clerk 



[Deed, Allen Heirs to Projnictors, Jan. 28, 1790.] 
[Masonian Papers, Vol. 2, p. 57.] 

To all People to whom these Presents shall come, Greeting, 
Whereas many disputes and Lawsuits have ai-isen and do now exist 
respecting tlie different Claims to certain Lands in that part of New 
Hampshire originally granted to Cai)*^ John Mason called and known 
by the name of Mason's Patent and below the strait Line lately run 
by order of the General Court of said State, by and between the 
heirs of the Hon'''*^ Samuel Allen formerly of London in the King- 
dom of Great Britain lately of the Province now State of New 
Hampshire deceased, and their assigns of the one part, laying claim 
to said Lands by virtue of a purchase made b\^ the aforenamed 
Samuel Allen in his life time from John Tufton Mason and Robert 
Tufton ]Mason and certain persons commonly called and known by 
the name of the Masonian Proprietors claiming said Lands by virtue 
of a i)urchase by them made from John Tufton Mason, of the other 
part, and whereas the said persons called the Masonian Proprietors 
have divided the said Lands below said strait line into fifteen Rights 
or Shares viz to George Jaffrey Mark Hunking Wentworth, Richard 
Wibird, John Rindge Joshua Pierce, Esquires, each one right or 
share, to Daniel Pierce & Mary Moore, one right or share, to John 
Thomlinson & John Tufton Mason, one right or share, to Sam' 



346 CHARTER RECORDS. 

Solly & Clement March one right or Share, to Meserve Blanchard 
& C;ompany one right or Share, to Theodore Atkinson, Thomas 
Wallingford, John Moffat, Thomas Packer, John Wentworth Es- 
quires, each one right or Share ; and Whereas the present Claimers 
of eleven of said rights or shares viz, George Jaffrey Esq"" of Ports- 
mouth in the County of Rockingham in said State of the said right 
or share originall}^ set off & divided to himself, Elizabeth Went- 
worth of the same Portsmouth Widow & Relict of the said Mark 
Hunking Wentworth and John Fisher Esq"" of the Kingdom of great 
Britain claimers of the right of the said Mark of his right, John 
Penhallow Esq"" of said Portsmouth of the right of the said Richard 
Wibird, Dan'^ Rindge Esq"^ & Daniel Rogers Esq'' & Mehitabel his 
wife, in her right, all of the same Portsmouth, of the right of the 
said John Rindge, Thomas Martin Esq'' of said Portsmouth & Ann 
his wife in her right, and John Pierce of the same Portsmouth Mer- 
chant, and Joseph Pierce Esq'' of New Durham Gore in the County 
of Strafford claimers of the rights of the said Joshua Pierce, Pierce 
& iNIoore and Meserve Blanchard & Company, Peter Pearse of said 
Portsmouth Merchant and JNIary his wife in her right, and Mehitabel 
Treadwell wife of William Earl Treadwell of said Portsmouth by 
her Guardians Samuel Penhallow & A. R. Cutter Esqrs, claimers of 
the right of the said Jotham Odiorne. Edward B. Long of the 
Kingdom of Great Britain, and Mary his wife in her right, and 
Nath^ Appleton Haven of said Portsmouth Physician, claimers of 
the right of the said Thomlinson & Mason, Joseph March Esq"" of 
Deerfield and Clement March & Stephen jNIarch Esq'* of Greenland 
all in the County of Rockingham aforesaid and Governor John Han- 
cock of Boston, claimers of the right of the said Solly & March, 
and George King Sparhawk of said Portsmouth, Gentleman, a Minor 
claiming the right of the said Theodore Atkinson, by his guardian 
Dan' Humphreys Esq'': have projiosed to procure a general Release 
from the aforementioned Claimers under the said Samuel Allen 
deceased of in and unto the said eleven rights or shares set off and 
divided to the said George Jaffrey, Mark Hunking Wentworth, 
Richard Wibird John Rindge Joshua Pierce, Pierce & Moore, Jotham 
Odiorne, Thomlinson & Mason Solly & March, Blanchard Meserve 
& Company and Theodore Atkinson, as aforesaid; & the Claimers 
under and in the right of the said Samuel Allen Esq"" of the one 
part, and the aforementioned Claimers of the said eleven rights or 
shares of Land of the other part, ardently wishing to settle compro- 
mise & determine and a final end to make of all disputes lawsuits 
and controversies relative to the Lands contained*in the said eleven 
rights or shares, and to render the title to said eleven rights or 



MASONIAN PArERS GENERAL. 347 

shares of Land certain secure and permanent for the future ; There- 
fore Know ye, tliat we John Sullivan of Durluun in the County 
of Strafford Ks(i[uire, Nathaniel Peabody of Atkinson and Peter 
Green of Concord both in the County of Rockingham Esquires, 
Samuel Lauchlin of Goffstown in the County of Hillsborough Tan- 
ner, and Thomas Cogswell of Gilmantown in the County of Straf- 
ford aforesaid Esq"" and all of said State of New Hampshire, in our 
ca])acity as Agents Committee & Commissioners ajjpointed by for and 
in behalf of the body of the aforementioned Heirs of the said Sam- 
uel Allen Esq' deceased and their assigns Proprietors or Clairaers of 
said Lands as aforesaid at their legal meeting, for the purposes of 
obtaining a settlement and compromise as aforesaid ; and for and in 
consideration of the said George Jaft'rey, Elizabeth Wentworth for 
herself and for the said John Eisher, John Penhallow, Daniel Rindge, 
Daniel Rogers and Mehitabel his wife, Thomas Martin and Ann his- 
wife, John Pierce and Joseph Pierce, Peter Pearse and Mary his 
wife ; Samuel Penhallow and A. R. Cutter in behalf of Mehitabel 
Treadwell Edward B. Long & Mary his wife and Nathaniel Apple- 
ton Haven Joseph March Clement March and Stephen March Gov- 
ernor John Hancock by his Attorney Edm'' H. Quincey and George 
King Sjiarhawk by his said Guardian Daniel Humphreys executing- 
to us deeds of release and quit claim to the several pieces and tracts 
of Land herein after excepted and reserved, and of the sum of five 
pounds lawful money to us in hand before the delivery hereof paid 
by the said George Jaffrey, Elizabeth Wentworth and the said John 
Fisher, John Penhallow, Daniel Rindge, Mehitabel Rogers, Ann 
]\Iartin John Pierce, Joseph Pierce, Mary Pearse, Mehitabel Tread- 
well, Mary Long, Nathaniel Appleton Haven, Joseph March, Clem- 
ent March. Stephen March, and George King Sparhawk, the receipt 
whereof in our said capacity we do hereby acknowledge, have 
remised released & fbrever quit claimed, and by these Presents in 
said capacity Do remise release and forever quit claim unto them 
the said George Jaffrey, Elizabeth Wentworth, John Fisher John 
Penhallow, Daniel Rindge, Mehitabel Rogers wife of the said Daniel 
Rogers, Ann Martin wife of the said Thomas Martin, John Pierce, 
Joseph Pierce, Mary Pearse wife of the said Peter Pearse, Mary 
Long wife of the said Edward B. Long, Nathaniel Appleton Haven, 
Joseph March, Clement March, Stephen March, and the said Gov- 
ernor Hancock and George King Sparhawk, severally and respec- 
tively, to them, their several & respective heirs and assigns in propor- 
tion and according to their several & respective claims therein all the 
right title interest claim challenge and demand of the said Persons or 
body of Proprietors claiming said Lands in whole or in part under 



348 CHARTER RECORDS. 

the heirs of said Samuel Allen Esq'' deceased and their Assigns, of 
in and unto all & every part and parcel of the lands more or 
less set off and drawn or otherwise regularly assigned to the said 
eleven shares or rights by and according to the votes records and 
doings of the said Masonian Proprietors, and known to be claimed as 
such by the said George Jaffrey, EHzabeth Wentworth John Fisher, 
John Penhallow, Daniel Rindge, Daniel Rogers & Mehitabel his wife 
in her right, Tliomas Martin and Ann his wife in her right, John 
Pierce Joseph Pierce, Peter Pearse and Mary his wife in her right, 
Mehitabel Tread well, Edward B. Long and Mary liis wife in her 
right, Nathaniel Appleton Haven, Joseph March Clement March 
and Stephen March and the said Governor Hancock and George 
King Sparhawk below the said strait Line within the said Mason's 
Patent in New Hampshire, not heretofore released or conveyed by 
the deed of general release on our part made & executed on the 
twenty seventh day of April A D 1786 and excepting and reserving 
thereout the following tracts or parcels of Land amounting in the 
whole to about Eight thousand & five hundred Acres more or less 
which is excepted and released to us our heirs and Assigns viz the 
Lot number thirteen in the third range in New Durham Gore — The 
Lot number ten in that part of Weare called Weare Gore — The Lot 
number one in the Large Lot number eight in the second range in 
said New Durham Gore All which Lots were Drawn to the right or 
Share of the said George Jaffrey: The Lot number one in Weare 
Gore. Lot number One in the eleventh range in Goffstown. Lot 
number six in the first Range in Mason. Lot number fifty seven in 
Bedford. All drawn to right or share of the said Mark H unking 
Wentworlh. — Six hundred & fifty one acres of Land in Lot number 
seventeen in the fifth range in New Durham Gore, laid out as being 
there, but now falling in Gilmantown. Lot number fourteen in the 
large Lot number eight in the second Range in said New Durham 
Gore. The Lot number forty six in the second i-ange in Gilman- 
town. All drawn to the right or share of s'^ Richard Wibird. — Three 
hundred & sixty six acres & two thirds of an Acre of Land more or 
less, being one third part of Lot number eighteen in said New Dur- 
ham Gore. Lot number two in the tenth range in Goffstown. Forty 
five acres of Land in said New Durham Gore part of the Lot number 
seventeen in the fifth i-ange, laid out as of said Gore, but now falling & 
appearing to be in said Gilmantown. Also five hundred and ten acres 
of Land in said Lot number eighteen in said New Durham Gore; all 
drawn to the right or share of the said John Rindge. — Twenty five 
acres of Land in Lot number ten in the first Range in Dunbarton, 
laid out as [)art of the right or share of the said Pierce & Moore. 



MASONIAX PArERS GENERAL. 349 

One fouvtli part of Lot number sixty four in Weare laid out or 
drawn to right or share of the said Joshua Pierce. Two hundred 
and eleven Acres of Land in Lot number sixteen in the fifth range 
in New Durham Gore, laid out as being in said Gore, but now found 
to lie and be in said Gilmantown laid out or drawn to the right or 
share of the said Pierce and Moore. Four hundred & twenty three 
Acres & thirty rods of Land in (xilmantown it being one half of that 
part of Lot number sixteen in the iifth range laid out as part of the 
right of said Pierce and Moore in New Durham Gore but which now 
falls & appears to lie in said Gilmantown. Twenty five Acres of Land 
in Bedford, being number seventy nine in said Town drawn to the 
right or share of the said Pierce and Moore. One half of Lot sixty 
four in Weare laid out or drawn to the right of said Joshua Pierce. 
Two hundred and eleven Acres of Land in that part of Lot number 
sixteen in the fifth rano-e in New Durham Gore allotted to the share 
or right of said Pierce & Moore, which now falls and appears to be 
within the Town of Gilmantown. one fourth part of Lot sixty four in 
Weare — The Lot number one in the range in Goffstown drawn to 
the right of the said Jotham Odiorne. One undivided Moiety of 
one hundred Acres of Land in Bedford, being the half of two Lots 
in said Town numbered eleven and fifteen in the fifth range. One 
undivided raoiety of two Lots in Mason, numbered seven and two 
in tlie thirteenth range. An undivided Moiety of eight hundred 
& twelve acres of Land being so much of Lot number fifteen in the 
south range in New Durham Gore aforesaid, running eastwardly 
from the west end of said Lot, the wiiole breadth thereof to make 
up that quantit3^ All drawn to the right of said 'i'homlinson and 
Mason. The undivided moiety of two Lots in Bedford numbered 
eleven & fifteen in the fifth range; an undivided moiety of two Lots 
in Mason numbered seven & two in the thirteenth range, an undi- 
vided Moiety of eight hundred & twelve acres of Land being [jart 
of the Lot number fifteen in the fourth range in said New Dni/jam 
Gore, beginning at the west end of said Lot and to run so far east- 
wardly as will make,said eight hundred & twelve acres. All drawn 
to said right of said Thomlinson & Mason. The Lot number fifteen 
in the fourth range in Allenstown. The Lot numbei- five in the 
south range in the division of the large Lot number twelve in the 
third range in New New Durham Gore. Four hundred acres of 
Land, in New Durham Gore, being part of Number seven in said 
Gore, as described in the Deed of release from Clement March & 
Stephen March to us said Lot was drawn to the right of the said 
Solly and March. The Lot number forty five in Ossipee drawn to 
the ricrht or share of the said Theodore Atkinson. All which Lots 



350 CHARTER RECORDS. 

tracts and parcels of Land the said Claimants of the said eleven 
rights have severally released and quit claimed to us in our said 
capacity, by their several deeds of release, as by the same reference 
thereto being had may appear. 

To HAVE AND TO HOLD the said remised released and quit- 
claimed premises with the Priviledges and appurtenances thereof, 
to them the said George Jaffrey, John Penhallow, Elizabeth Went- 
worth John Fisher Daniel Rindge, Mehitabel Rogers, Ann Martin, 
John Pierce, Joseph Pierce, Mary Pearse, Mehitabel Treadwell, 
Mary Long Nathanael Appleton Haven, Clement March, Joseph 
March, Stephen March, and the said Hancock and George King 
Sparhawk in severalty according to their resjiective claims therein, 
and to their several & respective heirs and assigns to their benefit 
and behoof forever. Hereby warranting the same to them severally 
their several heirs and assigns according to their said several in- 
terests, free from the claims demands and incumbrances of all per- 
sons claiming from by or under us our heirs or assigns or the heirs 
of the said Samuel Allen Esq'' deceased, and their assigns. In wit- 
ness whereof we the said John Sullivan Nathaniel Peabody Peter 
Green Samuel Lauchlen & Thomas Cogswell in our said capacity 
have hereunto set our hands and Seals this twenty eighth day of 
January Anno Domini One thousand seven hundred and ninety 

Jn° Sullivan [seal] 

Nath^ Peabody [seal] 
Peter Green [seal] 

Sam" Lauchlen [seal] 
Thomas Cogswell [seal] 

Signed sealed & delivered in the presence of — 
Mem" of interlineations & rasures in the first page the words, 
Meserve^ Sam}^ William Governor John Hancock of Boston tf- tlie 
In 2^^ Page, Sam^ Governor John Hancock by his Attorney Edm: H. 
Quincy — And the s^ Governor Hancock — The — And the Sa Governor 
Hancock — In 3'^ page Acres — One fourth part of the Lot number sixty 
four in Weare — In the 4"' page And the said Hancock — eighth — and 
the rasures in tenth line & in the tliirteenth line of the first page — 
All made & done before signing & sealing — Also the words ^^ John 
Fisher Hsq^ of the Kingdom of Great Britain^ claimers of the right 
of the said Mark in Page first — for herself if for the s'^ John Fisher 
— And the s*^ John Fisher — John Fisher — John Fisher in page 2^ 
John Fisher in page fourth interlined before sealing & delivery — 

Sally Gerrish 
James Macgregore 



MASOXIAN PAPERS GENERAL. 351 

r. 1 • 1 ) At Portsmouth on the 28"' day of January 

^ \li\)\) His hxcelleucy Jolm l^ullivan hsq"^ Ihe 

Hon'"'^ Nath' Peabody, l*eter Green & Thomas Cogswell Esq" and 

Samuel Lauchlen jiersoualy acknowledged the foregoing instrument 

by them sign'd to be their voluntary Act and Deed — 

Coram J. Macgregore Ju^ Pacis 

Hillsborough ss. Rec'' 18^^ August 1791 & recorded vol: 27 page 
490 & exam-'V 

Jon* Smith J^ Reg"^ 
ReC' Feb>- 17'" 1792. W°> Smith R D R. 

StrafPord ss Recorded Lib. 14: Fol. 109. ex" by 

W'" Smith Recorder 



[^Draft of 3Iemorial of Georye Jaffrey^ Jan. 3^ 1791.~\ 

[Masonian Papers, Vol. 2, p. 58.] 

Portsmouth, January 3" 1791 
State of New \ To the Honorable Senate and House of Repre- 
Hampshire ( sentatives of the State of New Hampshire in 
general Court Convened at Concord the 5'" day of January 1791 — 

The Memorial of George Jaffrey Clerk of the Proprietors of the 
lands purchased of John Tufton Mason Esqu'" in New Hampshire in 
the behalf of Said Proprietoi-s, most respectfully Sheweth — 

That the whole Right of the lands in New Hampshire conveyed 
b}' the Council at Plymouth in great Britain to John Mason Esqu"" 
of London, was purchased by Said Proprietors of John Tufton 
Mason Esqu"" Heir to Said John Mason Esqu'' and the Government 
of the late Province of New-Hampshire recognized and consented to 
the Right and Title of Said Proprietors to the lands they Claimed 
by that Purchase, and manifested by Sundry Proceedings of the 
general Assembly of the late Province ; and the Government in 
conforming their Grants of Townships, to y® boundaries claimed by 
Said Proprietors, and incorporating the 'Towns granted by Said 
Proprietors, agreable to their Grants, when The Purchasers were 
formed into a Propriety they granted most of the Lands they pur- 
chased into Townships, whereby the lands were improved to great 
Benefit of the Grantees who complyed with y® Terms of their grants, 
and by Cultivation, and Taxes, laid on the Inhabitants of those 
Towns, a Revenue accrued to the Government — 

The Terms, Conditions, and Reservations in their Grants were 
generaly These, viz^ That the tracts of land granted for Townships 



352 CHARTER RECORDS. 

should be laid out into Equal Shares and Letts — and high wnys to be 
laid out and made by the Grantees, Settlements to be made a house 
for publick worship to be built, and constant preaching to be main- 
tained and other articles beneficial to y^ Grantees, and a plan of 
laying out of the lotts &c^ and all to be performed by and at the 
Expence of the Grantees, and the Plan to be returne'd to the 
Grantors, and then the Shares and Lotts of Grantors & Grantees 
which were intended to be equal to be drawn for in common (except 
three Shares reserved and granted for the publick use & Benefitt of 
the Settlers and Li habitants of the Towns, viz' one Share for the 
Encouragement of the minister who should first Settle in the Town 
— one other equal Share for the Succeeding ministers in the Town; 
and one right or Sliare for the Support of a School for ever — These 
three Shares or Rights for y*^ common benefit of the Inhabitants were 
generaly not drawn for, as the other Shares, but located where 
the Grantees concluded would .be for the best accommodation and 
Serve the purposes for which they were given by the Grantors) 
these were the general Terms & conditions on which the Grantees 
were held by their Grants — and on failure of the Grantees in com- 
plying with the Terms and Conditions of their respective Grants, 
the Lands granted were generaly to revert to the Grantors, but in 
Some Instances, the Rights or Shares of .the delinquent Grantees 
were to be the Propert}^ of those Grantees who had fulfilled the 
Terms and Conditions of the Grant, upon Condition of their com- 
plying with y'^ Terms and Conditions which the delinquent Grantees 
of those shares, had not performed — 

The Reservations of the Grantors in the Grants of their lands 
were generaly an equal right or share with the Grantees, and drawn 
for in common with the Grantees Shares, and to be exempted from 
any Charge or expence the other Shares of the Grantees were to be 
at by the Terms and Conditions of their respective Grants untill 
improved by Cultivation, or Sold by the owners, at which period, 
each respective Share or Lot so improved or Sold, to be Subjected to 
an equal expence and Charge with the Grantees Shares or lots in 
the Towns they Granted, These reservations & of so little Emolu- 
ment to the Grantors and exemption from expence of Town Ex- 
pencs was all they reserved for their granting so large and valuable 
an Interest in so much of their Lands — From the Commencement of 
the Propriety The Proprietors have been at great Expence, of Time 
& application in attending upon Grantees, respecting their Grants 
and circumstances relative to their grants ; and great Expences of 
Money necessarily Occurring about their lands to a large amouut — 

Till within a few years past The Proprietors have not been called 



MASONIAN PArERS GENERAL. 353 

upon or requested by the Grantees or Inhabitants of any Town, 
which they granted, for any expence or Charge of k^ettling, high 
ways or for any article stipuhited in their respective grants to be 
performed by the Grantees as it was ever understood to be y* Tenor 
& meaning of their grants by all y*^ Grantees. It was reported That 
the Inhabitants of a Town granted by the Proprietors a few years 
Since applyed to general Court to enable them to tax all the lands in 
the Town, for making and repairing high Ways in that Town, it 
being Suggested, that the Grantors were exempted from that 
expence by the Terms and Condition of their Grant, and that y" 
Grantees were obliged to perform that Service at their own Expence 
so the application was rejected & dismissed — 

As the Terms and Conditions of the Proprietors Grants, located 
in the Counties of Strafford, Hillsborough, Cheshire & Grafton, 
were generaly known, especialy by the Grantees and Inhabitants, 
and are in general Similar, in respect to the Grantors being exempted 
from an}' Cost or Charge of making or repairing roads or highways 
& in short any Expence necessary for the Settlement or Convenience 
of y*" Inhabitants of any Town they granted, untill improved or Sold 
by the Grantors respectively, and not till then Subjected to an equal 
duty and expence of the Inhabitants of that Town ; It was hoped 
that all Applications to the general Court like that mentioned, 
would be dismissed for The Same reason as Some of the members of 
the Court must be knowing of those Grants — & more especialy as 
the Constitutions of this State and of the united States protect and 
Secure Such Contracts as Subsist between the Grantors and Gran- 
tees in those Grants from being impaired in their Obligations by 
Acts of the Legislature or other wise 

As the general Court at their Session in June 1789 were pleased, 
upon the Petitions of the Inhabitants of Peterborough Slip and 
Hillsborough. ])raying them to grant a Tax on the lands in those 
Towns for the purposes therein mentioned, was pleased to order that 
any person or persons might Shew Cause why the prayers of Said 
Petitioners should not be granted. — out of Respect to the Order of 
the general Court a memorial was prepared to be presented to them 
at or before the day appointed for hearing those Petitioners, and was 
delivered to a Gentleman who intended to go to the general Court 
at the beginning of their Session, and engaged to present it, but he 
was prevented going, and the memorial was not preferred to the 
Court ; and the unhappy Accident of the Gentleman's not going to 
the Court was not known till it was too late to forward it, so as to 
be preferred that Session — and how the matter rests in respect to 
these Petitions is not known — 
23 



854 CHARTER RECORDS. 

In June last appeared in the New Hampshire Gazette two notifi- 
cations from m"" Secretary Pearson, one Respecting the Petition of 
the Inhabitants of Alexandria the other of the Inhabitants of Wolf- 
borough — one notifying that the Inhabitants of Alexandria had peti- 
tioned the general Court Setting forth that they had been at great 
Cost to clear and maintain high Ways and bridges in Said Town, and 
therefore pray that all the lands in Said Town may be taxed one 
penny per Acre for three years next ensuing, for the purpose of 
clearing and repairing roads in said Town, upon which Petition the 
general Court ordered a hearing Thereof of the Second Thursday of 
the next Session, and that the Substance of Said Petition and order 
of Court be published three Weeks Successively, prior to the Sitting 
of Said Court, in the New Hampshire Gazette that any person or 
persons may then appear and shew Cause why the Prayer thereof 
may not be granted — 

In respect to the Petition of the Inhabitants of Alexandria The 
Proprietors represent That there is no other Town or place called or 
known by the name of Alexandria in this State but the Town or 
place granted by that name by them 

In July 1773. Upon Application of the Grantees The Proprie- 
tors made the Grant of Alexandria to Jonas Minot Mathew Thorn- 
ton John Talford Joshua Talford & others, in y® Proportions to each 
Grantee as declared in the Grant, and also the Terms Conditions and 
limitations on which the Grant was made are particularly mentioned 
with the Reservations of the Grantors Shares or lots which are also 
particularly mentioned in the grant, and their exemption of Charges 
or Taxes within the land granted which exemption is mentioned in 
two paragraphs in the Grant ; they made but one Grant of Alexan- 
dria in these words in one Paragraph viz*^ " that the said grantors 
rights and Lots aforementioned be free from duty till improved ; " in 
the other Paragraph is more particularly expressed viz' " which Said 
third part Shall be held by said Grantors free from all taxes and 
charges whatever, that may arise concerning the roads buildings, 
ministry Settlements, and other publick affairs whatever, untill the 
Grantors lands shall be improved, and then only the particular lot 
so improved shall be liable " — by ever}^ grant made by the Pro- 
prietors of Alexandria it plainly appears the Grantors were to be 
exempted from any Charge or Taxes the Grantees & Settlers were 
obliged to in making Settlements requisit in that or any other Town 
— whether the Inhabitants of Alexandria, the Petitioners to the gen- 
eral Court, are any of them the Grantees, or those who hold under 
them, in any manner, is immaterial in respect to the Grantors Shares 
or lots reserved to them and their Exemption of Taxes on their lots, 



MASOMAN PAPERS GENERAL. 355 

they were obliged to do the duty of Settlement, or what was 
required by the Terms and Conditions of the Grant — In their Peti- 
tion they Set forth they had been already at great Cost to clear and 
maintain high ways & Bridges in Said 'J'own — they were engaged to 
perform that Servic at their own Expence without any expenc to 
y® Grantors — The grant of Alexandria was made in 1773. from 
which period to the date of their Petition to the general Court, 
those duties of clearing and maintaining high ways & Bridges with 
others ought to have been compleated for Several years past as may 
fully appear by the Grant of Alexandria — and that the exemption of 
the Grantors, from the Cost they had been or should be at in clear- 
ing and maintaining high Ways and bridges, must be known to the 
Inhabitants of Alexandria for this reason as no charge of Expence 
for those articles or any other was ever requested of the Grantors to 
this day for any Cost or Charge for their lotts in Town till Sold or 
improved as those articles were Stipulated in the Grant to be done 
by the Gi'antees. and what Inducement they have at this time to 
make Application to the general Court for a Tax on all the lands in 
Alexandria for y^ purposes mentioned, is left to Conjecture — for the 
grant of their Petition the ostensible reason offered is plausible, as 
Such Articles are necessary to be done in the Town of Alexandria, 
and which the Grantees were obliged to perform at their own Ex- 
pence & cost by the Terms of [the grant], it appears that they aim 
at inducing the general Court to pass an Act to authorise them to 
break tiie Contract between the Grantors & Grantees of Alexandria 
to great Injustice and Injury of the Grantors, of laying a penny an acre 
on all the lands in alexandria for making and maintaining high 
Ways and bridges; from which Expence, by the Terms and Condi- 
tion of the Grant of Alexandria the Grantors lotts which they now 
hold are expressly exempted from the expence and Cost, from which 
Injury to the Proprietors, it is not doubted but the Honour and Jus- 
tice of the legislature is a sufficient guard and Protection from such 
Injuries — and to which they would not be accessory by their Act — 
es])ecialy as the Rights & Proi)erty of the Subjects of this State are 
Secured to them by the Constitutions of this State and of the united 
States, by which the Legislative and Executive Powers and Author- 
ities of this state are instituted and regulated, wherefore it is hoped 
the attempt aimed at by the Inhabitants of Alexandria by their Pe- 
tition will meet with the just fate of being dismissd at least so far 
as that the lotts owned by the Proi)rietors and the publick lotts 
granted for publick uses be excluded and exempted from a Tax for 
the purposes mentioned in their Petition or any other contrary to 
the Terms and Conditions of the Grant of Alexandria — 



356 CHARTER RECOllDS. 

The other notification of m'' Secretary Pearson is "■ that a Petition 
hath been presented to the general Court bj the Inhabitants of 
Wolf borough, Setting forth the badness of the roads through Said 
Town, and their inability to repair them. Therefore pray that an 
Act of the general Court be passed for taxing all the lands in Said 
Town, as well the lands of non resident Proprietors and Owners, as 
of the residents for the purpose aforesaid Upon which Petition the 
general Court ordered that they be heard thereon before them on 
the Second Thursday of the next Session, and that the Substance of 
the Petition and order of Court be published in y® New Hampshire 
Gazette, that any person or persons may then appear and Shew 
Cause why the prayer thereof Should not be granted " for which 
Purpose of shewing Cause why the prayer of said Petition should 
not be granted the following Representation is made to the Hon'''*^ 
general Court — That Upon the application to the Proprietors of 
Sundry Young Gentlemen of Note and Distinction in the Town of 
Portsmouth, who were desirous of Settling a new Plantation within 
the Proprietors land, if they could obtain a Grant ; in Respect to 
them, and a good Prospect of Settlement of the land. The Proprie- 
tors made a grant of land equal in Quantity to thirty Six Square 
miles as bounded in the grant to William Earl Treadwell Henry 
Apthorp, Arami Ruhama Cutter and David Sewall all of Ports- 
mouth, and Such others as they Shall admitt as Associates with 
them, and their respective heirs and Assigns for ever — and the 
Terms Conditions and the reservations of y® Grant were made 
in the manner the}^ proposed — viz' That the whole Tract of land he 
laid out as Soon as may be into four equal parts both for Quantity 
and Quality, and one of the Said parts, to be determined by lot, be 
and thereby is excepted and reserved to the said Proprietors and 
their Assigns, which Quarter part, shall also be laid out at the 
Expence of the Said Grantees and their Associates when requested 
bv said Proprietors, into Twenty Shares or Lotts, three of wdiich 
Shall be for the following publick Uses viz' one for the use of a 
School, one for the use of the first Minister of the Gospel who Shall 
Settle there and the other for the use of the ministry of the Gospel 
there, for ever, and the other Seventeen lots to be for the use of the 
persons to whom they shall fall by lott hereafter to be drawn, their 
heirs and Assigns by which method also the aforesaid lotts for pub- 
lick uses shall be determined — and all necessary publick or general 
high ways shall be laid out in the said reserved Quarter at the 
expence of the Said Grantees and Associates no high ways to be less 
than two rods wide, and all the Shares lotts and Divisions in the 
Said Quarter part shall not be liable to any Charge in Settling and 



MASONIAN PAPERS GENERAL. 357 

eunying this Proposal into Execution, untill the Same shall be 
improved b}" the respective owner, and among other Terms and 
Conditions of the Grant is the following, "and a convenient house 
built for the pnblick Worship of God, and all necessary high Ways 
sliall be laid out through the said land of the breadth aforesaid, all 
the Said Matters and things to be done at the Charge and Expence 
of the Grantees and their Associates" "and it is further agreed and 
this Condition added, that the Grantors lotts shall not be Subjected 
to any Town or Parish charges or Taxes, neither by act of Assembly 
or otherways untill they shall be by them respectively Settled or 
Sold, but the Grantees and their associates shall keep and Save 
them wholly indeinnfyed from the same" — a Plan of the Grant was 
returned to the Grantors in which is delineated their Reservation of 
land, and divided into twenty equal lotts, & three of which were 
drawn for the publick uses of the Jnhabitants for a School the first 
Minister of y® Gospel and for the Succeeding Ministry — and but 
fifteen of Said twenty lotts were drawn for and appropriated to the 
rights of the fifteen Proprietors the Grantors, and each lot contains 
but tliree hundred and twenty fouj- Acres — which is y® whole to 
each Proprietors reserved Share of land for this particular use, and 
in Consideration of their grant of thirty Six Square miles — There is 
no Instance of a Tax laid or any Charge or Expence ever requested 
of the Grantors of Wolfsborongh for expence of the high ways or 
for any otlier Town Charge, nor ever moved for till lately by the 
Petition of the Inhabitants, to the general Court — Notwithstanding 
tiie Grantors lotts in The Town are so fully and expressly exempted 
from any Duty or Tax whatever for the use of the Town for roads or 
any other articles of Expence and even Stipulated by y® Grantees 
to Save and keep the Grantors wholy indemnifyed from the Same 
till their lotts are improved or Sold by them — as the Town of Wolf- 
l)orough is held by & under the Proprietors Grant on the Terms 
and Conditions therein expressed is a firm Contract between the 
(xrantors & Grantees and those who hold under them as The Inhabi- 
tants could not lay a tax of themselves on the lotts reserved to the 
Grantors but to obtain so plain and obvious breach of the Con- 
tract made by the Grant, They petition the General Court to do 
it, by passing an Act to lay a tax on all the lands in wolfborough to 
repair the roads in that Town which they are firmly held to perform 
themselves by the Conditions and Terms f)f the Grant or forfeit 
their right to the land they Inhabit to the Grantors as the Proprie- 
tors Grant of Wolfsborongh is a Contract between the Grantors and 
(irantees. (as are all the Grants of the Proprietors of Townships) 
wherein the boundaries and extent of land granted is ascertained, 



358 CHARTER RECORDS. 

and the Terms Conditions & limittations on wliich the Grant is 
made, and the Articles Stipulated to be performed by the Grantees, 
as also the Grantors Reservations of land and exemptions from any 
Cost & Expence in the land by them granted in Wolfborough, The 
Proprietors rely on the Justice of the general Court that they will 
not pass an act to enable the Petitioners to lay such a Tax as they 
request, without exempting the Grantors h)ts and those granted for 
publick uses from any Tax of the Town, according to the Terms & 
Conditions of their Grant — besides such Injustice to the Proprie- 
tors would be contrary to the Constitutions by which the Govern- 
ment of this State is founded, and the Rights & Properties of the 
Subjects of the State are Secured and defended — 

It is not easily to be conceived, the reason why the Inhabitants of 
the Towns granted by the Proprietors of Mason's Grant, should not 
apply to the Legislature of this State for Acts to impower them to 
tax the Proprietors Rights or lotts of land reserved in any of the 
Towns they inhabit till lately, unless they conceive the Legislature 
in that Capacity entertain a prejudice against the Proprietors in their 
proprietary Capacity and so they can easily obtain such partial Acts 
of the Legislature to the Injury of the Grantors and favour of the 
Inhabitants of the lands granted by the Prop"^* — however Suggested, 
the Proprietors cannot entertain that Sentiment, as the}'^ have so 
largely contributed to the Treasury of the State of New-Hampshire 
for their proprietary Interest by Taxes on non resident lands whether 
by Lots in Townships, or Strips and ungranted lands within their 
Claim, whether the lots in Towns or ungranted land were of value 
or not, though many of their lots and parts of the land were not 
worth a Single Tax, yet all their lands were Taxed from the year 
1776 or 1777. to this day, for Support of the late War and other 
Occasions of the State, The Taxes they paid in Paper & Silver for 
So many years, amounted to a large Sum for the benefit of the 
State — and in the year 1788 when the Legislature thought proper to 
Set up a Claim to a great part of their Proprietary lands, which they 
had been taxed for by the State for many years; and to which the 
Legislature of the late Government of New Hampshire had assented 
to their Right and boundaries of their Purchase, yet rather than con- 
tend with the Legislature and in expectation of being quieted in their 
claim in the lands they purchased they consented to a Compromise 
with the Legislature on the Terms the Legislature had determined 
which was eight hundred Silver Dollars, and forty thousand dollars 
in State Notes, part of which is paid by the Proprietors and good 
Security given for Payment of the remainder with lawfull Interest — 
Such Great Benefit to the Treasurv of the State has been contrib- 



MASONIAN PAPERS GENERAL. 359 

nted for their proprietary Interest Though the value of their reserved 
land has Sunk more than half Since the resolution of Government 
and still continues to depreciate — on which consideration the Senti- 
ment of the Legislature holding a Prejudice against the Proprietors 
cannot be admitted — but that the foundation of the Petitions pro- 
ceeds from the avirice of the Petitioners who are Settled on lands 
granted by the Proprietors, on Terms of performing Such Articles, 
at their Own expence, and which the Grantors were exempted from 
as a Condition of the Grants, and tlie Petitioners would now Strip 
the Grantois of their Reserved lots to pay that Expence they were 
obliged to perform themselves by their Grants and this requested to 
be done b}^ the aid and assistance of the general Court by passing 
Acts for that purpose — 

as all the Grants of Townships made by the Proprietors have 
Reservations of lotts to the use of the Grantors and exemption from 
any Cost or Expence of making and maintaining high Ways Bridges 
and for any other Expence the Grantees or Inhabitants of those 
Townships are required to do for the Settlement and Convenience of 
a Town, — as will appear by their Grants ; and was well known to the 
Grantees — yet Petitions are made to the general Court to grant their 
Authority to break the Contracts between Grantors and Grantees, 
by taxing those reserved lands of the Grantors for Cost and Expences 
from which they were expresly exempted by the Terms Stipulated 
in their respective Grants of those Towns — the Petitones praying 
the general Court to grant a tax for any Article the Proprietors were 
exempted — they may as well ask and petition for their lands so 
reserved & granted to the Petitioners as what they request, that the 
Proprietors may be entirely Strip't of their Property in those Towns 
and other Petitioners may as well ask for their whole Interest in the 
propriety for which they had been at a very great Expence in the 
purchase, and Cost necessarily required prepatory to and in the 
making their Grants, and variety of expences too numerous to be 
mentioned, besides the Tax on non resident lands to the State in 
Silver & paper money for Support of the war, and other occasions of 
the State the non resident Taxes commenced in y* year 1776 or 1777 
and continue to this day amounted to a ver}^ laige Sum from the 
commencement of those Taxes the value of their lands were esti- 
mated at half the value they were generally rated at before and at 
this time so much is the proprietary Interest depreciated and a con- 
siderable part of their lots in Townships and Strips of land ungranted 
were constantly taxed though not worth a Single Tax, and were paid 
or their land Sold for the Tax — and in the year 1788 — the General 
Court Set up a Claim to a great part of their proprietary lands, which 



360 CHARTEll RECOBDS. 

they had paid taxes for to the State for these many years, and to 
which the Legislature of the late Government of New Hampshire 
had assented to their Right to the land they purchased of John 
Tufton Mason Esqu*^ and to the boundaries they claimed, which by 
Sundry Proceedings of the general Assembly were consented to & 
confirmed, and the Government Grants of land were bounded by 
Claim of the Proprietors notwithstanding those assurances of their 
right rather than contend with the Legislature of this State, in ex- 
pectation of being quieted by the Legislature in their Claim Grants 
& Reservations they had made, they consented to a compromise with 
the Legislature which the Legislature determined to be on the Terms 
of payment to the State of 800 dollars in Silver, and forty thousand 
dollars in State notes, part of which is paid, and the remainder 
Secured to be paid with lawfull Interest — 

as the Proprietary lands of the Proprietors, have contributed so 
largely to the Treasury of this State, they presume upon an equal 
Share of consideration of the Legislature, in respect to Justice & 
Right towards their Property as of any other Subjects of the State. 
In respect to the Petitions of the Inhabitants of Alexandria & Wolf- 
borough if those Towns Stand in need of the aid of the general 
Court more at this time than heretofore for Acts to enable them to 
make and maintain roads and bridges, that under the plausible pre- 
tence of having those necessary Conveniences for the Towns com- 
pleated, & which is alledged as an inducement — they in fact peti- 
tion the general Court to authorize the Petitioners, by their Acts, 
to break the Contracts Stipulated between the Grantors & Grantees 
of the lands in those Towns, which Act of Injustice and Injury to 
any Subjects of this State must be abhorent to the Honour and Jus- 
tice of the Legislature Wherefore it is presumed the Prayer of the 
Petitioners so far as the reserved lands of the Proprietors may be 
included, will not be granted — The Proprietors take the Opportu- 
nity in this Memorial to petition the Honourable Legislature That 
as Some Acts have been passed by them to Suject all the land in 
Some other of the Towns granted by the Proprietors, reserved and 
exempted from the Charge & Expence of clearing and maintaining 
high Ways & Bridges, building meeting houses, & any other Article 
of Expence mentioned as the Terms and condition of their Grants, 
may be repealed — Relying upon the Honour Justice & Candour of 
the Honourable General Court this memorial is presented by the 
Proprietors, and in their behalf. Subscribed by their RespectfuU & 
most ob*^ Serv* 

G J: Prop-^^ CI 



MASONIAN PAPERS GENEKAL. 361 

[The repetition in this memorial is probably due to the prepara- 
tion and presence here of more than one draft of certain parts of 
the document. The original is not the finished memorial as pre- 
sented to the legislature, but a very rough draft, copiously corrected, 
erased, and interlined. The limits of duplication are very obscure, 
consequently the whole is printed in the order in which it occurs in 
the original manuscript. — Ed.] 



Petition of Mary Tufton Mason, Dec. 7, 1791, State Papers, Vol. 
18, p. 839. 



\_John Peirce's Statement, Aug. 30, 1792.'] 
[Masonian Papers, Vol. 2, p. 59.] 

John Peirce Made the following Statement to the Committe of the 
General Court Viz' 

That he had made an erroneous sale of Tho* Packers Land in 
Washington to John S. Sherburne Esq that about 200 Acres of that 
Right an amendment lay in Campbells Gore which was not known 
to the Assessors, That an Act of the General Court had set that 
sale a side, and Enabled J Peirce to sell other Lands of Thomas 
Packer to raise X357. 2. ^^ he Received of M' Sherburne but that 
it would be unreasonable, to proceed and sell other Lands to raise 
said sum but that so much of the Notes on hand ought to be applied 
to that purpose — Which was agreed to on the part of the Commit- 
tee and J Peirce was allowed to letain the above Sum for that pur- 
pose — and he has actually agreed to a discount with M"^ Sherburne 
for £218 in part — That Deducting the Amount of the sale of T 
Packers Lands from all the Notes in the hands of J Peirce & the 
other Proprietors the bah^ would be <£357 — on which sum J Peirce 
understood the Committee made their Calculation — although it does 
not exactly correspond which must be owing to some mistake of the 
Committee for it was their intention that the above balance only 
should be paid by the Pro})rietors 

Portsmouth August 30 : 1792 

John Peirce 

John Peirce appeared before the subscriber and made solemn oath 
that tlie within Statement is Just & true according to the best of his 



362 



CHARTER RECORDS. 



knowledge and also that the sum of £269,, 9/ — is the bal"^ of all 
the State Notes he Ever possessed or received in any way or manner 
to the best of his knowledge or recollection 

Statement of the Transactions of J Peirce respecting the last Com- 
promise with the General Court 

J Peirce has paid on the 
Masonian Bonds — 
Dan^ Rogers Esq. — ditto — 



£1458,, 6 — 
79 „ 4 



£1537 „ 10 



The above is 5125 Dollars 

The Court agreed that the 
Proprietors should make 



up their payments to — 
Paid as above — 


ucted 

S. 


6333— i'^ 
5125 


The above payments Ded 

leaves 
J Peirce to pay John 

Sherburne — 


j £362 . 10 
j 357 . 2 „ 8i 


Geo Jaffrey Esq"^ — 
John Penhallow — 
Joseph Peirce — 
Dan Humphreys — 


£719„12„8i 

£300 — 
110 .5.8 

5. 
26 . 5 . 10 




£441 ., 11 „ 6 



John Peirce has in 

State Notes — £269 . 9 
Certificates — 3 . 18 273 „ 7 „ 



1208i 



£714 „ 18 „ 6 



MASONIAN PAPERS GENERAL. 36^ 

[ Fate of the House, Dec. 16, 1792.'\ 
[Masonian Papers, Vol. 2, p. 60.] 

In the House of Representatives Dece'' 15 — 1792 

On Considering the memorial of Jon'' Peirce and Dan" Rindge 
and others of the masonian Proprietors and the report of a Com- 
mittee thereon. — 

Resolved that the Said Daniel Rindge the memorialists, who Owe 
State Notes to the State on their Several bonds &'• be Severaly 
allowed to pay their respective Balances in Speice at Seven shillings 
in the pound according to a Vote of the general Court passed at 
their Session in Dec"" 1791 provided they first pay in Said Notes, the 
Sum Specifyed in Said Vote to be so paid, excepting two hundred 
Seventy nine pounds two shillings the part thereof which.is to be 
paid by George Jaffrey Esqu'' — and the Treasurer is directed to 
receive their respective payments accordingly 

Sent up for Concurrence 

Jn° Sam. Sherburne Speak'' 

In Senate Dec"" 19 — 1792. upon reading y^ above resolve voted 
that the further Consideration thereof be postponed untill to morrow 
Three of the Clock in y*" afternoon and that George Jaffrey Esqu' be 
notify ed thereof that he may then attend if he shall See fit, and 
shew cause if any he hath why said Resolve may not be passed — 

J. Pearson Sec"^-^' — 

a true Copy — 



\_George Jaffrey to William Plumer, June 5, 1794-^ 

[Masonian Papers, Vol. 2, p. 61.] 
Sir 

In June 1789 a Bond was given to the Treasurer of the State, 
by Mess"^* D. Rindge and Jn° Peirce, for forty thousand pounds in 
State Notes, to be paid in four annual Payments, for the Quit-Claim 
of the State, for a Claim made by the State of land, tlie Proprietors 
purchased of John Tufton Mason Esqu'' in New-Hampshire — and 
they requested to be released of their Bond for y'^ whole forty 
thousand pounds in State Notes, by each Proprietor giving his bond 
individualy, for the part or share he had in the Proprietary; for the 
whole debt then due to the state whereupon, The General Court 



364 CHARTER RECORDS. 

pass'd Such Acts as were necessary, to have a proportion made of 
each Proprietors Share of the debt, and assessment made thereon, 
and Power given to Collect the Same — where the Proprietor did not 
give his Bond to the Treasurer of the State but paid his proportion 
assessed for the Assessment made for his proportion of the debt to 
the State, for the Quit Claim — The assessment being made. On the 
20"^ day of February 1789. I gave my bond to the Treasurer of the 
State, with a Surety, for the Sum of X1353 — 10 — 1 — in State notes, 
on Interest, to be paid in four equal annual Payments — (however hard 
I conceived the Requisition of the general Court for payment of So 
much money for their Quitclaim of lands, for which I had paid my 
part of Taxes to the State for many years) I was desirous and de- 
termined to pay to y® State, the Debt due by my Bond, as soon as I 
could — for that purpose, in march 1789. I sold a valuable tract of 
land, to be paid in June 1789 : X350 : in State notes, and in June 
1790. X450 — State Notes, and should have paid those notes to the 
State Treasurer as I received them ; which, with State Notes I had 
on hand, and what I had a prospect of purchasing, I should have 
discharged my bond in the year 1790 — but the persons who engaged 
to pay me y*^ X800 — State Notes deceived me in not paying the 
State notes, at the time they engaged the payments or since ; where- 
fore it was out of my Power to discharge my bond to the State — 

In December 1791. at the Session of the general Court Applica- 
tion was made by the Proprietors, praying they might discharge 
their individual bonds to the State for State Notes, in gold or 
Silver, at the rate the State notes were generaly estimated at the 
time, when the agreement was made for the Quit Claim of the State, 
or at the time their Bonds were given to the State, individualy — 
The day the request of the Proprietors, was under Consideration of 
the general Court, just before noon, m"" Humphries, told me it was 
Suggested in the general Court, that the Proprietors had the State 
Notes, and Supposed to improve them by Speculation, which Seem'd 
to be an Objection to their Petition ; but that he thought was not 
the Case of the Proprietors ; and that he would See the Proprietors, 
and know of them what each had on hand, and desired me to inform 
him what I had on hand; I told him I had betwixt <£250: and 
X300: he wish'd that after dinner, I would Send in writing the 
Sum I had to m*^ D. Rindge's, and doubted not, by such account 
rendered by the Proprietors, that Objection would vanish — in the 
afternoon I carried to m"^ D. Rindge's a memorandum in writing, of 
having on hand in State notes .£279 .2.0; in desultory Conversation 
M'ith m"^ D. Rindge and m'^ Jo'''' Peirce upon the matter, it was men- 
tioned, that in the general Court, Several Sums of reduction of the 



MASONIAN PAPERS GENERAL. 36.> 

State Notes into Specie wus proposed, by divers nienibers ; but 
whether any thing respecting payment of State Notes was men- 
tioned, I do not remember — except in our Conversation, that M' Jor 
Peirce ask't me if I wouhl pay my State Notes — I said yea, meaning-, 
with those State notes I had on liand or any other money I coukl 
get to appropriate for discharge of my debt to the State, nor had I 
the least conception in what I said that I wonkl pay those State 
notes I had on hand, exclusively of my debt due to the State by my 
bond ; (however it might be the design of the Querist) — in the 
Evening the Resolve pass'd the general Court, being January 3'' 
1792 — , " That the jNIasonian Proprietors pay into the Treasury, 
new Hampshire State notes so much with what State Notes they 
liave already i)aid upon Said bond, as will amount to 6333^ dollars, 
and that they have liberty To discharge the balance both Interest 
and principal that will remain due on Said bond, by paying Seven 
shillings in Specie, in lieu of, and in full for each twenty Shillings 
of the nominal Sum of Said balance " — the next day after the 
resolve passed the general Court ; before noon. The Proprietors met, 
and the Resolve was com'unicated : and one of them asked me, if I 
would pay the <£279.2, towards the ballance due in State notes — I 
answered I would not, it was replyed I said I would, upon which I 
declared that I had not the least Idea or intention in anything I 
Said of paying the .£279 — 2 — State notes I had on hand exclusive 
of my proportion of Debt to the State, agreable to my Bond to the 
State — m'' Humphries Said it was in the Resolve of the general 
Court tliat I should pay it ; on recurring to y*^ resolve, I found noth- 
ing like it — but that those of the Proprietors who had not paid unto 
the Treasurer State notes, should make up the deficiency in State 
notes, of what had not been paid of the 63335 dollars in State notes 
mentioned in y^ Resolve ; w''^ must be understood, in proportion of 
each respective Proprietors debt or obligation to the State — not the 
least expression or implication that any one Proprietor Should pay 
any express Sum in State notes, of the remainder of State notes, of 
what had not been paid of 6333^ dollars in Said notes — As there 
was no debt due to the State from the Proprietors individualy but 
by their respective bonds to the State — a new debt must be created 
to any one Proprietor, to resolve he should pay any Sum more than 
liis proportionable part of this balance in a divisional part to be 
made of it according to y® assessment made of his proportion of the 
debt, which act of Injustice is not in the least imputable to y*' 
honourable general Court by their Resolve in January, 92; however 
m"" Humphries would urge it to the i)urpose of extorting the Sum of 
X279 — 2 — from me : wliicii is about .£200. more than my proportion 



366 CHARTER RECORDS. 

of the balance to be paid by Such proprietors, as had not paid State 
notes — when wf Humphries requested of me to give an Accompt of 
what State Notes I had on hand, to obviate an objection moved in 
the general Court, to the memorial of the Proprietors — I gave him 
no Authority to engage that Sum of X279 — 2 — or any part thereof 
to be paid for me, and if he did, it was contrary to my knowlege 
or consent, I then expecting that the whole debts, by the bonds in 
State notes. Would be reduced to Specie, at Some rate ; which was 
the design of the Proprietors, in their Application to the general 
Court — Nor can the words of the Resolve allow Such design or 
meaning. 

The 6333 J dollars mentioned in y« Resolve w^'^ is XI 900 

the Sum of State notes Some Prop'" had already paid 1537 — 10 



balance in State notes to be paid, by those who had 
not paid notes X362 : 10 

The Account rendered of What State notes on hand, of some 
Proprietors, viz* m'' Jaffrey X279— 2— m^ Penhallow X 110. 5. 8 m' 
Jo. Peirce X5— m' Humphries X26:5:10 is X420 : 13 : 6 by this 
Statement the State Notes, in the hands of the Prop''^ above men- 
tioned, were more than the full ballance in State Notes due from 
the Proprietors to the State, and if the general Court conceived or 
intended that those State notes in the hands of those Persons were 
to be so appropriated to discharge that Ballance, it would have been 
so expressed in the Resolve and they only to pay the whole ballance 
of X 362. 10 ; then there would have been no ballance in State notes 
to be paid by the masonian Proprietors who had not paid State 
Notes which the resolve requires to be paid b}^ them who had not 
paid state notes to which inconsistency of the Resolve, without an 
absurdity, the resolve cannot be perverted, by the memorialists — 
which bring's me to the memorial dated December the 12"' 1792 — 
Signed by John Peirce Joseph Peirce and Daniel Humphries, for 
themselves and others — Viz'^ — 

" That a Vote or Resolve was passed by the general Court, at 
"their Session in December 1791, allowing Said Proprietors, who 
" owed State Notes on their Several Bonds to the State, to pay the 
"Same in Specie at Seven Shillings in the pound, after paying a 
" Specifyed sum in Said notes, That Sum in Notes, was made up of 
" the Several Sums which Several Proprietors had on hand, which 
" they gave an Account of, and were ready to pay. That George 
" Jaffrey Esqu"" then gave in what he had on hand, the Sum of two 
"hundred Seventy nine pounds two Shillings in Said notes; but 



MASONIAN PAPERS GENERAL. 367 

" hath ever Since refused to pay the Same. That of the others, 
" tliose possessed of the remaiuino' Sum of Said notes luive always 
"• been ready and desirous to pay them, and are now ready to do it ; 
" and all have wished as far as was in their power, to pay off or 
•• lessen their Several debts by making payments of the Specie part, 
" But the Treasurer hath not conceived himself at liberty to receive 
"'- partial payments, nor indeed any at all in Specie, untill the pay- 
•• ment in Said notes Should be completed. — 

" They therefore pray that the Treasurer may be authorized to 
'• receive of the other Proprietors, possessed of Said Notes, The 
•• whole Sum Specefyed in Said resolve, excepting and deducting 
'' only the aforesaid Sum to be paid b}' the said George Jaffrey 
"' Esqu' and upon Such payment by them made, to receive from all 
'• other Obligors, excepting on the Said Jaffrey's bond. Such Sums 
" in Specie, as they may pay, at the rate fixed in Said Resolve, and 
" they as in duty bound shall ever pray &c® &c* 

"Signed Jn° Peirce Joseph Peirce Dan'^ Humphries for them- 
" selves and other Proprietors " 

I never knew or heard of the above memorial, till late in the Even- 
ing of the 19"' December 1792 — which was then presented to me by 
some of the Memorialists, with the Resolve of the House of Represen- 
tatives, pass'd the 15"' day of that month, granting the prayer of that 
^Memorial — and a Vote of the Senate pass'd the 19^^ clay, (viz') 
" That the further Consideration thereof be postponed till to morrow 
"at three of the Clock of the afternoon, and that George Jaffrey 
" Esqu"" may then attend, if he see fit, and shew Cause, if any he hath, 
"why Said Resolve may not be passed " on that 19"' day of Decem- 
ber I returned from Boston, the next morning I found my Self 
unable, in health, to go to Exeter, to attend the Senate that day, 
and not having time to collect Such papers as were necessary to pe- 
ruse, and be produced to the Senate, to Shew cause wh}^ the Senate 
Sliould not concur with the resolve of the House — (As it was the 
usual practice in the general Court, to pass upon any matter, at the 
time they prefix't, for that purpose,) in So short time from the Even- 
ing of one day to three of the Clock afternoon of the next day, T 
could Scarcely do more to be Sent up to Exeter by three of the clock 
afternoon of y* 20"' day than write to the Senate ni}' Thanks for al- 
lowing me that Short time to shew cause, why the resolve of the 
house should not be passed b}' the Senate, and to offer any reason 
I could then recollect, why the resolve should not be passed by the 
Senate : which was to tliis purpose ; That I was under no kind of 
Obligation to pay more to the State, than was assessed, as my part 
of the Proprietors debt, to the State, by the assessors legally apointed 



368 CHARTER RECORDS. 

To assess the Same, and for which my bond was given to the State — 
The Debt due from the Proprietors to tlie State was partly paid by 
Some of them — and what was due was wholly Secured to the State^ 
by the individual Bonds of each Proprietor for his part, due to the 
State agreable to his assessment ; — The memorial was formed for a 
design or view but to request the general Court to take from me one 
Proprietor, State Notes to discharge the debts due, of a Balance in 
State Notes, of otlier Proprietors, the Memorialists — w''' sum to be 
taken from me more than my proportion of y* Ballance being about 
X200. State notes for which there is not the least Obligation to the 
State or otherwise that I should pay it, Notwithstanding it passed 
the house very Soon ; and not^' I offei-ed to pay my just debt till I 
did pay more than I owed; the Memorial was dated y'' 12"^ day of 
December and the prayer thereof granted by the House, on Saturday 
y® 15*^ day of that month, without notifying me either of the memo- 
rial being preferred, or a day given me to be heard upon it, to shew 
Cause why the Prayer should not be granted — upon notification of a 
memorial presented and an Opportunity of being heard upon it, be- 
ing the practice of the general Court, when a petition is preferred to 
them by one party against another — but in ni}- Case, that practice 
was laid aside ; a resolve passed without allowing my being heard ; 
& ex parte, to take from me about X200. State notes, to pa}' the 
Debts of others the memorialists— b}' which proceedure of the House, 
I was denied the privilidge of a Citizen of the State, and my property ■ 
taken from me, for the benefit of private persons, and eventually 
deprived me for a time of my paying a debt to the State, when I 
would have paid it, & which was upon Interest, which Proceeding 
by the house, in a case of private Right and Property, where the 
State is no way interested, but only private persons, is a proceeding 
very abitrar}^ as it was unjust especialy when other Courts are pro- 
vided in the State to determine Such private matters, when disputed ; 
& no Precedent can be found in this State, if in any other in the 
Union, where private Property has been so treated as mine in this 
Case ; and if this Proceeding should be made a precedent I think the 
Property of the Citizens of this State has but little Securit}-, and 
held very precariously, if to be taken from the owner for y* benefit 
of others by their memorial only desiring it, and tliat without an 
opp° of being heard upon the case — but so it was determined, upon a 
Memorial only on which Memorial I would make Some observations — 
The first Paragraph of the memorial is — " The general Court passed 
"a Resolve in their Session in December 1791 allowing Said Propri- 
" etors who owed State Notes on their Several bonds to the State, 
"to pay the Same in Specie at Seven shillings in tlie pound, after 



MASONIAN PAPERS GENERAL. 369 

''paying- a Specifyed Sum in said Notes, was made up of the Several 
'' Sums, which Several Propritors liad on hand which the}^ gave ac- 
"■ count of, and were ready to pay " The Application of the Propri- 
etors to tlie general Court to Reduce their Debt to the State in State 
Notes was reffered to a Committee, what their Report was I never 
knew, but presume the Resolve was founded upon it — And upon 
what principle, the Specifyed Sum, or balance to be x>ai(l by those 
Proprietors, Wlio had not paid State Notes, should be made up of 
the Several Sums, four of the Proprietors had on hand, and rendered 
an Account of; I am at loss — I can Scarcely conceive the general 
Court, would arbitrarily, determine, because those Proprietors, acci- 
dentally had those State Notes on hand, they Should be Applyed to 
the payment of the debts of the other Proprietors — And that they 
wei'e all ready to pay those State Notes they had on hand is an alle- 
gation not true in respect to me — what was the Inducement of nV 
Penhallow, peremptorily to give the Sum of ,£110-5-8 in Notes 
towaid the ballance due from the Proprietors who had not paid 
State Notes, I know not — as to m"^ Jo. Peirce paying the £5- he had 
on hand, and ni'' Humphries, for m^' G. Sparhawk, £26-5-10 he had 
on hand, they being ready to pay those Sums for their respective 
parts of the Balance due from the Proprietors Who had not paid 
notes, is easily accounted for, as it is but a Small part, of Peirce's 
proportion of his part of the ballance, and I beleive not half of m'' 
Sparliawk's part of that balance in notes — and as to y* Sum of 
£279-2-in State Notes I rendered an Account I had on hand, I 
never was ready to pay any more of that Sum than my proportion of 
the balance due to the State, in State Notes agreable to the Resolve 
of the general Court pass'd at their Session in December 1791 — in 
which it is neither expressed or implyed that I should pay that Sum 
in Notes — what had been paid in State notes by Some of the Propri- 
etors, was their individual Debts in whole or in part, & had no rela- 
tion or connection with y'^ otlier Proprietors debts 

The next paragraph ^ That George Jaffrey Esqu"^ then gave in 
"what he had on hand the Sum of X279-2-0 in Said Notes, but 
"• hath ever Since refused to pay the same ; that of the others, those 
" possessed of the remaining State notes, have always been ready 
'• and desirous to pay them, and are now ready to do it ; and all have 
" wislied, as far as was in their Power, to pay off or lessen their 
" Several debts, by making payments of the Specie part, But the 
" Treasurer hath not conceived himself at liberty to receive partial 
" payments nor indeed any payments at all in Specie, untill the pay- 
*• ment in Said notes were completed " I did give an Account of 
having £279.2. State notes I liad on liand in December 1791. at the 
24 



870 CHARTER RECORDS. 

request of m"" Humphries, for no other purpose but removing an 
Objection, disadvantageous to the obtaining of the general Court, 
y® liberty of discharging the Proprietors debts to the State, to be 
paid in Specie instead of State Notes; but with no design of making- 
any payment of them on my own Account or of any others — at the 
time I told him I had that sum in State notes on hand and that 
those others who posessed State notes, there is no doubt, but tlie 
Treasurer would have received them. Since the resolve of the gen- 
eral Court at their Session in December 1791. to the passing of the 
llesolve in December 1792. and also payments in Specie, in whole or 
in part of the Memorialists, for their Respective debts, by their bonds 
to the State — which they Say in their memorial they were wishing 
and desirous of pJiying and ready to do as far as was in their power 
to lesson their debts — to which payments I conceive there was no 
hindrance by the Treasurer not receiving y^ whole or part of their 
respective debts in State notes or in specie from Jan^ 3*^ 1792 to 
December 21*' 1792 which conception or assurance I ground upon 
the Experience of payment I had made in part of my Debt at the 
Treasury, Since my disapointment of receiving £800. in State 
notes in 1790, and ever Since, have been anxious about discharging 
my bond to the State, and Since the Resolve of the general Court of 
paying Specie instead of State notes, except my part of ballance in 
State notes I "wished and was desirous of paying my Debt to the 
State, and lessening it when in my power " — I was at Exeter the 
latter of September 1793. and fearing my bond would be put in Suit. 
I waited upon the Treasurer, to know if it was Soon intended ; or if 
he would receive part of y*^ Debt without the Avhole ; he readily told 
me he would ; in the beginning of October I sent him X159 : 14. 8 in 
Specie which he received and advised me he had endorsed it on my 
bond — by which Instance, the Treasurer then conceived himself at 
liberty to receive partial payments l)efore y*^ pa3-ment in State Notes 
were completed— wherefore the alegation in the memorial was not 
true, but a false Isinuation of a dificulty of their discharging their 
Debts, in whole or in part, to the State between Jan^ 3'^ 1792. & Dec'' 
21*' 1792. which false Insinuation made to obtain the grant of their 
petition to take from me in State Notes about <£200 — more than my 
proportion of debt to discharge their respective debts in said Notes ; 
& which in fact appear's to be an assertion of falsehood though proved 
Successfull to their purpose — I continued my Intention of discharg- 
ing ni}^ bond to y*^ State ; by collecting money for that purpose ; in 
the ]\Ionth of INIay 1793. I received tlie principal part of the Sum I 
recovered of Rand, with Avhich and other money I procured, I had it 
in my Power to discharge my bond to the State, and mentioned my 
Intention to the Treasurer, he said that he could not receive it, being 



MASONIAN PAPERS GENERAL. 371 

restrained by the Resolve of the general Court in December 1792, 
unless I paid £270-2-0 in State notes — from that time to my 
Tender made to the Treasurer in February last, I had the full Sum 
of my Debt in hand, to discharge my Debt to the State — but it 
could not be received by the Treasurer 

Tiie Prayer in the memorial is Similar to the memorial, at any 
rate to wi-est from me a Sum in state notes, to pay the debts of 
the memorialists in those notes, and to prevent me from discharg- 
ing my bond to the State which is as malicious as injurious ; but 
hoNv the matter passed in the house, in every Respect, I am to con- 
jecture, and that an}- men however esteem'd for their Importance 
and Influence, Should obtain Such a Resolve in the wny and manner 
it was effected, without my having an opp° of being heard especialy 
upon So Slender a pretence as my Sajdng I would pay my State 
Notes in hand to discharge my own Debt to the state, and pervert- 
ing that equivocal expression to a purpose, there was not any ground, 
in reason, Circumstance, or common Sense to Support — but if that 
expression was obtained, with the insiduous design, to be improved 
to the purpose it is used, deserve's epithets, I will not mention, and 
what 1 had not the least Suspicion of, upon many accounts, from 
those who authorize Such a Design of taking my property from me 
in that manner — As 3-ou intend to be at Amherst next week — I 
think it probal>le the affair of my tender to the Treasurer may be 
Considered b}' tlie general Court this Session, I desire you will 
appear for me as the matter will be only in Respect to the state and 
my Self ; as I had not the oppertunity of being heard uj)on the mem- 
orial I hope I may at this Session upon the Tender — I now Send you 
a true State of the facts before the last memorial and the resolve 
thereon pass'd the general Court, and Some Sentiments respecting 
the affair as they occur to me ; but depend upon your Judgement on 
the Yalidit}^ and propriety of the whole Process — and hope you will 
have Oppertunit}' to be heard in my behalf — I am not able to attend 
the general Court in person, or I would take the Oppertunity of the 
pleasure of waiting upon them — As the Affair has been vexatious to 
me — I wish it may be now determined at this Session, and wish it 
may be bro't to a final issue ; tho' the present Case is mine a prece- 
dent ma}^ be made of it, where every citizen in Respect to Right & 
privelege may be affected by y^ Determination of it — I hope j'ou will 
1)6 able to read what I have wrote, and when you made use of it for 
your own perusal ; pray return it to me, being a rough draft — 

I am with Respect — 

Your most Obed' Serv'. 

Portsmouth June 5'" 1794 Geo: Jaffrey 

William I'lummer Esqu'' 



372 CHARTER RECORDS. 

\_OUver Peahodij to George Jaffre//, Jidy ii?, 1794-^ 

[Masonian Papers, Vol. 2, p. 62.] 

Exeter July 12th 1794. 
Sir/ 

I send you enclosed a Copy of a Vote passed at the Session of y® 
General Court in June last — you will see by that, that your Bond is 
to be sued unless you pay agreable to the resolve you once shewed 
to me — If you are disposed to settle it may now be done, if not, I 
must as a public Officer cause a suit to be commenced by the 21th 
day of the present Month 

I am Sir with respect with very 
h'ble Serv' 

Oliver Peabody 

P. S. I expect to be from Home from this day, to the 20th of y® 
Month, & if you, should conclude to settle, I wish you would not 
call on me before the 21st — 



\_I)eed^ Woodburi/ Langdon to Proprietors^ ^1*'^- ^^i 1795.'] 
[Masonian Papers, Vol. 2, p. 01.] 

Know all Men by these Presents that I Woodbury Langdon of 
Portsmouth in the County of Rockingham & State of New Hamp- 
shire Esquire for and in consideration of Twenty Cents & Compen- 
sation made me by the Proprietors of the Lands purchased of John 
Tufton Mason Esq otherwise called the Masonian Proprietors l.ying 
within the State aforesaid Commonly called Masons Patent Have 
remised, released & forever Quit claimed & by these presents do 
remise release & forever Quit claim unto George Jaffrey Esquire of 
Portsmouth aforesaid Clerk of said Proprietors and to each and 
ever}^ other of the said Proprietors myself only excepted to be held 
by them in the same manner as they now hold Common Lands in 
said Patent and according to their several & Respective shares and 
Interest therein and to his & their heirs & Assigns forever in the 
manner & proportions aforesaid all my Right, Title, property claim 
& Demand of in & to all the Lands now held in common & Undi- 
vided among said Proprietors within said Patent which I hold by 
purchase from JNIichael Wentworth Esq. in the Riglit of John Went- 
worth Deceased be the same more or Less — 

To have and to hold the said granted Premises with the priviled- 



MASONIAN PAPERS GENERAL. 373 

ges and appurtenances thereof to tlie said George Jaffrey and all the 
other Proprietors of Lands purchased of John Tufton INIason other- 
wise called the jNIasonian Proprietors exceping only myself in the 
Kight of said Jolni Wentworth as aforesaid & to their Heirs & 
Assigns to enure to their use according to their several & respective 
Rights lV' parts therein & to their only use and l)enefit forever — 

in Witness Avhereof I have hereunto set my hand & Seal this 
Fifteenth dav of August 1795. — 

Signed Sealed & De- ' W^ Langdon [seal] 

liverd in Presence of 

Joshua Brackett 

Daniel Marden 

Rockingham ss August 15'** 1795 Then Woodbury Langdon Esq 
personall}^ appearing acknowledged this instrument to be his free 
act and deed — 

before George Gains Jus Peace 

Strafford Records Rec'^ October 1^' 1795— 

J. P. Gilman Recorder 
Recorded Lib 20, Fol 358 Examin'd by 

J. P. Gilman Reo-ister 



[X. Dane to George Jaffreij, Teh. 5, 179S.'] 

[Masonian Papers, Vol. 2, p. 65.] 

Beverly Februarv 5. 1798 — 
Sir 

I enclose to you at the request of the Hon° Israel Hutchinson 
Esq"" his application to your propriety in which his case is So fully 
stated that I need not add any Observations ; but onl}^ Request of 
you the favour to have a meeting of 3-our propriety to consider this 
application and to inform him or me by post when and where he may 
attend Such meeting or a Committee of your propriety, to explain 
to them more fully his Case, with his papers, evidence, and particu- 
lar Accounts — 

I am Your Ob' Servant — 

N. Da [torn] 
George Jeffi'ey Esq"" 

[Note in another handwriting] 
Suppose to be N Dane 



374 CHARTER RECORDS. 

\_Jeremiah Smith to George Jaffrey, April 29^ 1800.'] 
[Masonian Papers, Vol. 2, p. (jQ.] 

Exeter 29 Ap' 1800 

D Sir 

I have made a Mem" which I enclose of the state of the Case ag* 
Hartwell in the County of Cheshire which you may peruse & with 
the depositions in perpetuam & the Copy of Cap' John INIasnns Will 
in your possession lay before M^ Mason or ]VP Livermore & take their 
advice respecting the queries I have made & anything else that may 
occur — I shall be at the Circuit Court 19 May at Portsmouth & can 
confer with them if not convenient to forward their Opinion before 

It is impossible for me to attend at the first week of the Court in 
Cheshire County & therefore unless you cau procure other Counsel 
to supply my place the causes must be given up & reviewed 

If you cannot get other Counsel to attend I will make an attempt 
with Hartwell who acts for Stickney as well as for himself to post- 
pone til the 2*^ Week or continue but have not much hopes of suc- 
ceeding He that would agree to take your land away unjustly will 
hardly be induced to grant any favor that you may have a fair Trial 

The Cause in Hillsborough as to the Deering lands I think ^Nlust 
be further continued as I have not been able to go upon the Ground 
with the Referees — very respectfully 

Yours 

Jeremiah Smith 

Geo Jaffrey esquire 



\_Act for Holding 3Ieetings in Portsmouth, June 10. ISOS.] 

[Masonian Papers, Vol. 2, p. 68.] 

State of New Hampshire 

rr 0-] In the Year of Our Lord one thousand eight hundred and 
*- -■ three 

An Act authorising the 3Iasonian Proprietors to hold their Propri- 
etary Meetings in the toivn of Portsmouth — 

Be it enacted by the Senate and House of Representatives in 
General Court convened, that the owners of the common and undi- 
vided Lands in this State purchased of John Tufton Mason deceased, 



JIASONIAN PAPERS GENERAL. 375 

commonly called the Masoniaii Proprietors, be and they hereby are 
authorised ami empowered to hold their Proprietary meetings in the 
town of Portsmouth in the County of Rockingham for transacting 
any and all business relating to said Proprietary, and that all votes 
acts and doings of said Proprietors passed, done or transacted at any 
meeting or meetings so to be hoklen in said Portsmouth, shall have 
the like force effect and validity as the same would have if passed, 
done or transacted at a meeting or meetings of said Proprietors duly 
holden in the respective towns & Counties where the Lands to which 
such votes, acts or doings may relate are situate. Provided that such 
meeting or meetings so to be hohlen in said Portsmouth shall in all 
respects, excej»t the jdace of holding the same, be holden agreeably 
to the provisions of the La\AS regulating proprietors meetings — 

State of New ) In the House of Representatives June S^^ 1803 
Hampshire ] The foregoing Bill having had three several read- 
ings passed to be enacted 
Sent up for Concurrence 

John Prentice Speaker 

In Senate June d^^ 1803 This Bill having been read a third time 
was enacted — 

Amos Shepard President 

Approved June 10'" 1803 J T Gilman Gove-"— 

A True Copy Attest Xath' Parker Dep*' Sec^ 



[Joseph Blancliard to John Peirce, April IS, 1804-^ 
[Masonian Papers, Vol. 2, p. 69.] 

Aprel 15 1804— 
Sr Should I pretend to excuse a delay you'd Hardly believe me 
the affidavits you'l please to Examin if wrong they Shall be made 
Right Squire Raymond is dece'' I mentioned your Debt to him 
he readily acknowledged it and Said it was Secured by a Mortgage 
Intend to be at Concord Election ^haps you will be there So 
Rest your 

Ob' Serv' 

Jos Blanchard 
John Peirce Esq 



376 CHAPTER RECORDS. 

[Deposition of Ebenezer Totvh, Oct. 6, 1803.] 

[Masonian Papers, Vol. 2, p. 73.] 

I Ebenezei- Toal of Fishersfield aged Forty Seven years Testify 
and Say that I have liv'd in the Lower part of Said Town ever Since 
excepting two winters I was Seventeen years old That the Next 
Fall after I was in Said Town I assisted Zephaniah Clark Esq"^ to lay 
out Sundry five hundred acre lots on the Curve line of Masons 
Patent, and that I proceeded on Said Line, in the Fall of the year 
1773, from Unity road to the south west Corner of Said town which 
was a Small beach tree on the Curve line marked J P 1771 and we 
marked the Same time a iai-ge beach near it Z C,, J C, E T„ P T : 
& 1773 which were the LaitiaTs of Zephaniah Clark the Surveyor 
Joseph Chandler Paul Toal and my Self — we then turn'd off & run 
the Southerly side line of the Said Town so Far as to lay out five 500 
acre Lots on that Line, afterwards we return'd to the west line of the 
Town being the Said curve line and then laid out five 500 acre Lots 
numbered Six — Seven — eight — nine & ten — and we finished this 
work on the last day of September which I shall always rember 
being a very cold Storm of Sleet and rain and was so Severe, that 
Ice succles several inches long hung to the Trees— the Next Fall 1774 
I was employ'd b}' the Prop'*' of Fisliersfield to Cut a Road from 
Unity road by the curve line and my Self and Others Cut a road in 
Fishersfield near the curve line more than one mile and an half which 
went to Lot Number Six, that I then well Knew the curve line being 
the west line of Fishersfield and that part of it I have known ever 
Since and was always Call'd and Known to be the west Line of 
Masons Patent — I further testify & Say that at the request of John 
Puree Esq on monday the 3'^ of this octo'' I Join'd in Washing[ton] 
Joseph Blanchard Jeremiah Bacon Esq" Cap*^ Samuel Gunnison and 
proceeded with them to perambulate the Said Curve line and began 
on the Turnpike road about Sixty rods from M' Bioghams Turnpike 
gate we then proceeded on the Line found it well marked for near 
half a mile and there were trees marked & Chop'd into which 
appeared to be antiantly marked, we then came to Clear'd land which 
we Cross'd and, found the line as Soon as we came into the woods 
which we foll'd up a Brushey hill to the top where we Soon found the 
line and on Following it came to a beach tree marked 3, &, 4 which 
We Supposed to be the corners of two 360 acre Lots in Washington — 
then came to an ash tree marked for the original Corner of Camden 
as we Suppos'd — which we Marked J, B, 1803 S G, E T, proceeding 
on the Same line thro clear'd land in the Possession of Carys heirs, 



MASONIAN PAPERS GENERAL. 877 

and piiitly thro tlie woods by old marks to the original Corners of 
Fishersfield and Washington being a beach tree Fallen down with a 
heap of Stones round the Stuitip the tree was marked, J, P 1771 we 
marked a beach Tree l)y it S G., E T. the old marks on it were Z C„ 
E T cS: 1773 and then Cut into an old Mark and found the granes 
to be Grown over the Spot as many as fifty proceeding on the Line 
found a Beach tree marked 45, a Corner of a Lot in fisheisfield, then 
came to Some ClearVl land and Some woods and Found the Old marks 
where Trees were Standing and on the line came to a beach tree 
marked 1769, 37 miles M > L R F J P— and we marked it S G 
E T,, & 1803, we then proceeded on the Same line we found the 
Stump of a tree the corner of Lot N° 7, a five hundred acre Lot in 
tisherlield and proceeded a Little further we marked on the line a 
large maple tree we marked it J B 1803, S G E T and proceeding 
further on the Line we found an old road now much grown up with 
Brush and then proceeding further on the line being well marked 
where there were trees, came to a birch tree 9 M P., & 10 M P. being 
the corners of two 500 acre Lots in Fishersfield the said old road going 
nearly Parrellel with the Said Line and came to a large Red Oak 
tree in the Line antianth'- marked which we marked J B, S, G E T 
1803 — ProceedinQ- further on the line found Gorham corner being a 
beach Tree marked B. W S G,and we marked it J B. S G E T 1803 
soing on the Line further Came to the road leading to L^nitv, bv 
Deacon Gunnisons young appletrees being on the Line and then came 
to a large Maple and a hemlock tree we mark both Trees with Several 
Spots on each Tree which Stood by the road leading to Newport 
then Proceeding on the Line which we found well marked to the 
Hill which was Burn't over and near the top of the Hill on the Line 
found a Beach tree marked 1769, M P L 4, 2 R F we marked it 
J B, S G, E T, 1808 then went on the Line to Sunnepe Pond in com- 
pany with the Said Bacon and Gunnison 

Ebenezer Towl 
Dated Octo^ 6. 1803— 

State of New Hamp' ( ss — octo'' 6"' 1803, then persoally appeared 
Hillsborough \ before us the Subscribers the above named 

Ebenezer Toal Subscriber to the foregoing depossition and after being 
duly Cautioned to Testify the Whole Truth and nothing but the 
Truth made Solemn oath that the foregoing deposition as by him 
Subsciibed Contains the Truth and nothing but the Truth and all he 
knows Concerning the Matters it relates to and is taken in perpetuam 
rei memoriam Before 

John Duncan | Justices of Peace 
Benjamin Pierce ( Unus Quorum 



378 CHARTER RECORDS. 

\^Depositions of Jeremiah Bacon and Samuel Gunnison^ Oct. 6^ 1803.~\ 

[Masonian Papers, Vol. 2, p. 74.] 

1 Jeremiah Bacon of Hancock in the State of New Hampshire, 
aged forty nine years Testify & Say that I resided in the Town of 
Washington in Said State about Seventeen years and then and ever 
Since have understood that the curve line of Masons Patent was the 
west line of Washington, but had neaver been on an}^ part of it untill 
the last week when 1 was calTd upon by Isaiah Kidder to perambulate 
Said curve line & the west Inline of Washington — and that I together 
with Joseph Blanchard Esq & Cap' Samuel Gunnison entered on the 
Service on friday the 30"' day of September last and proceeded to 
the south west Corner of S'^ Washington which was the N. W. cor- 
ner of Stoddard and was a Beach tree marked on the South Side, 7, 
and on the north Side, 8, we marked a Beach Tree by it 1803 & 
J B we then proceeded northward a Course of N. 28. E and Soon 
found a well marked line, many of the trees were marked at three 
different times one Set of Markes appeared to be very antiant & at 
the distance of about half a mile from Said corner we found a Hem- 
lock tree mark'^ H N,, and on persuing said line about half a mile 
further we found a beacli tree marked J A H which tree we marked 
J B & 1803 and pursuing the Same line a Little further found a 
beach tree marked 1769 M P L 27 miles & 209 rods we mark'^ it 
1803 J K J B and about twenty rods further we found a hemlock 
tree marked we chop'd into the mark and found it marked at least 
fifty years ago, by counting the Granes which had grown over the 
Spot after it was made an^l persuing the Same line found many 
Trees Spotted in like manner of equal Antiquity — we Soon after, on 
the Same line found a tree marked 1772 we also mark it J B & 
1803 we Still pursu'd the Line with the compas the Caurse afore- 
said, over Brussy land where but few trees were Standing and 
Crossed Ashuwelot river, and came to marlow road and Sit my Com- 
pass and found the line wou'd go over a burnt Hill on Which very 
few trees were Standing and those were dead — But beyond that Hill 
we found the Same Line Marked as before mentioned and Free- 
quntly with three Spots on a tree this line we pursued to the turn 
pike road (and Just before we came to the road we marked a Large 
Burch tree) and Struck it by a Small bridge Sixty two rods east of 
the Gate kept by Vina Byngham, on the last mentioned part of the 
Line we found Several of the markd trees Lately Chop'd into on the 
Spots and by Counting the Granes grown over the marks found they 
had been Spotted at least fifty years ago — we then proceeded from the 



MASONIAN PAPERS GENERAL. 379 

Said bridoe on the s'' line foiuul it well niaiked for near half a mile and 
there were trees marked Chop'd into as aforesaid whecli appeared to 
be as antiantly marked as those on the other Side of the road, we 
then came to cleard land which we cross'd and found the line as 
Soon as we came into the woods and follow'd it up a Brushey Hill 
which we assended kee[)ing the course of the Line till we came into 
the Woods, on the top of the hill where we found the marks again 
and following the Line Came to A beach tree niarke Number 3, & 4, 
which I suppos'd to be the corners of two, 360 acre Lots Lying in 
Washington then came to an ash tree marked for the Original Cor- 
ner of Camden as we Suppos'd — which we marked J B 1803, S G„ 
E T, then proceeded on the Same I^iue thio clear'd land in the Pos- 
session of Carys heirs — and [)artly thro, the w^oods by the old marks 
to the original Corners of Fishersfield and Washington being a beach 
tree Fallen down with a heap of Stones round the Stump — the tree 
was marked J P., 1771 — we marked a Beach tree Just by it S G„. 
E T the old marks on it were Z C, E T & 1773 and Just by this 
mark we Chop'd into an old mark on the Same line and found the 
Granes which had grown over the Spot to Count at Least fifty — 
Proceeding on the Same line we found a Beach tree marked 45,, 
which we Suppos'd to be a Corner of a Lot in fishersfield then came 
to Some Clear'd land interspersed w'ith woods and Always found the 
Same line & marks where the Trees were Standing — and Still fol- 
lowing the Same line about one mile found a beach tree on the Line 
marked 1709. 37, miles M P L„ R F„ J P ftud we marked it 
S. G.. E T 1803, then proceeding on the Same Line we found the 
Stump of a Tree the corner of Lot N" 7 a five hundred acre Lot in 
fishersfield and proceeded a Little further we marked on the Line a 
Large maple tree we mai-ked it J B.. 1803. S. G. T, and proceeding 
farther on the line marked as afore mentioned we found an old road 
now much Grown up with Brush — and then proceeding farther on 
the line Some times in Clear land and Some times in the woods the 
Line being well marked where there were trees, came to a Birch 
Tree Marked M P 9, t^-, jM P 10, being the corners of two, 500 acre 
Lots in Fishersfield the Said old road continuing nearly Parrellel 
with the Said line — and Still continuing thereon came to a large red 
Oake in the Said line antiantly marked which we marked J, B, S G,, 
E T„ 1803 Proceeding further on the Same line found Goshen Cor- 
ner being a Birch tree marked B„ W, S G, and we marked a beach 
tree by it J B. S G E T„ 1803, and Still proceeding on the Same 
Line to the road Leading from Fishersfield to Unity by Deacon Gun- 
nisons young ajuple trees — being on the Said Line and Still proceed- 
ing on the same line to a large maple tree & a Hemlock Growing 



380 CHARTEK RECOKDS, 

Just by new port road which we nuirke with Several Large Biases — 
then Proceeded on the Same Line which we found well marked till 
we came to a Burnt Hill and near the top of the Hill on the Line 
found a Beach Tree marked 1769 M P L 42 R F which Tree we 
marked J B, S G., E T, 1803, tlien on the Line to Sunnepee pond 
where I Set the Compas the Course of the Line which intersected a 
Small Island in the pond at the distance of about half a mile 

and I the Said Jeremiah Bacon do further testify & Say that in 
perambulating the aforesaid Jjiiie, I in General found it well marked 
and in many [jlaees renew'd and the line and tlie Courses first run so 
well agreeing with the Marks (whicli appeared very antiant) that I 
have not the least Doubt of it's being the Original line as Run by 
the Said Blanchard for Masons Patent Line as much as fifty years 
ago— 

jgipb Bacon 

Dated octo^ 6, 1803 

I Samuel Gunnison of Fishersfield aged forty Six years Testify & 
Say that I Attended the Whole perambulation of the Line herein 
before mentioned fi'om Stoddard N„ W,, corner by Washington & 
Fishersfield to Sunnej^ee pond and Avell remember the whole procee- 
dure and can fully Attest to the whole truth of the Same in ever}' 
particular matter of Fact herein before related — I also Further testi- 
fy and Say that I have resided in fisherfield for more than twenty 
years last pass'd and have heard and Known the Said line all the time 
well against the Lots from N". 7. to Sunnepe ]>ond and always heard 
it Called Masons Patent line as run by the before named Joseph 
Blanchard many years ago — 

Samuel Gunnison 

dated octo-- the G"' 1803— 

State of New Hamp"" ) October 6"' 1803— then Personally 
County of Hillsborough \ appeared Jeremiah Bacon and Samuel 
Gunnison Subscribers to the foregoing depositions who being duly 
Cautioned to testify the Truth the Whole Truth and nothing but the 
Truth — by us the Subscribers — made Solemn oath to the Truth of 
the forgoing depesitions as by them respective Subscribed that they 
respectively Contain the Truth the whole Truth and nothing but 
the truth concerning the matters they respective relate to — (the 
Same being written on the five Preeceeding pages which are Each 
Subscribed by the above named deponants) — these depositions are 
taken in Pepetuam Rei memoriam Before — 

John Duncan | Justices of the Peace 
Benjamin Pierce \ Unus Quoram 



JMASONIAX TAPER S GENERAL. 381 

\_Depositio)i of Joseph Blancltavd^ April 7, 1804-~\ 
[Masonian Papers, Vol. 2, p. 75.] 

I Joseph Blanohard of Thornton, in the State of Newhanipshire, 
aged seventy fonr years, testify and say, That about the year 1751, 
my fatlier, Josepli BLanehard Esq', then of Dunstable, now Deceased, 
fitted nie out with a party of men to run and mark the west line of 
Mason's Patent. 1 sat out on the business sometime in the month of 
October, with the following persons, viz James Whitney, Isaac Patch, 
Oliver Blodget, Jonathan Farwell, Samuel Butterfield, Jonathan 
Snow and Josiah Brown. These are all dead. John Renall and 
John Stearns were also with me, and are now alive. I was furnished 
with a Map of the Patent made by the late Daniel Pierce Esq"", as I 
suppose on which was laid down the Curve Line, and the three first 
courses I was to run which was from the southwest corner of the 
Patent, and from thence I calculated the rest. — I began to measure 
Westwardly on the Province Line, at the South-West corner of 
Ringe, the distance from the Sea to that place being then ascertained. 
I measured from thence about 4^ miles; then went Northwardly 
according to the direction given me, till I run measured and Spotted 
a Line all the way till I came to the West side of Newfound Pond, 
being sixty seven miles from the Southwest corner of the Patent, 
and within about five miles of Merrimac River. — On my return I 
made a plan thereof, which I suppose was returned to the Proprietors 
of the Patent.— 

I further testify, that about four j^ears ago I was called upon by 
the Proprietors of Stoddard to see if I could find the Line I had 
formerly run for the Patent, or Curve Line. They shewed me the 
Southwest corner of the town of Stoddard. A person by the name 
of Lock, who had lived there many years, shewed me a Beech tree, 
near Stoddard corner, which he said was in the Patent-Line, and said 
it was the 20 mile Mark. The tree was fallen down, and on exam- 
ining, I found it marked J B, and the figures appeared to be 20 and 
1751. Though by age they were rendered imperfect, yet I had not 
the least doul)t of tlieir being made by me when I run the Line. — 
1 then being satisfied with respect to the Line, proceeded North- 
wardly with a number of the Lihabitants of Stoddard, and set my 
Compass the course of the Line as formerly run, which, went over 
cleared land for half a mile, came into the woods, where I found the 
Line, and several of Fletcher's particular marks on the trees, with 
the date of 1760, and the initials of his name marked thus R F. lie- 
tween Stoddard Southwest and Northwest corners, several trees were 



382 CHAKTER RECORDS. 

chopped into on the Marks and several had fifty Growths or Granes 
over the spots others had better than thirty Granes grown over the 
Spots, which seemed to agree with my Running the Line, and Fletch- 
er's renewing the Marks. — On this line, and near Stoddard North- 
west corner, I found a tree fallen down, which the people said was 
formerly marked and Lettered. I examined, and found it marked 
thus, J B, and several figures on it, but age had made them unintel- 
ligible. — 

I further testify, that I attended a second perambulation of the 
West line of Stoddard, with Committees from Stoddard and Marlow, 
and two Surveyors mutually chosen by those Committees to ascer- 
tain the Line run by me for the West line of Mason's Patent; and 
the line which those surveyors should report to have been run by 
me, was to be considered the standing line between those towns in 
future. In this perambulation more antient marks were found, than 
the first time I went on it. — 

I further testify and say, that John Pierce Esq' of Portsmouth 
requested me to meet him at the house of Esq"^ Penniman in Wash- 
ington on the 28"" day of September last. — I met him at one Farns- 
worth's, just by Penniman's, at the time he requested, and I, 
together with Jeremiah Bacon, Cap' Samuel Gunneson and Isaiah 
Kidder, went to the Northwest corner of Stoddard, which is the 
Southwest corner of Washington, which appeared to be a small 
Beech tree marked 7 on one side, and 8 on the other. I marked a 
Beech tree just by it J B and 1803, and, proceeding Northwardly, 
found a line well marked, and often the trees had been marked three 
times. — The course of this line the Surveyor said was North 28 
Degrees East. — About half a mile from the corner we found a tree 
marked H„ N.* — A little further we found a Beech tree marked J, 
A, H,. — I marked it J B : 1803, and pursuing it a little further we 
found a Beech tree marked 1769, M P L 27 miles and 209 rods. 
I marked the same tree J B, 1803. Kidder marked it I K. — About 
twenty rods from this tree we chopped into the spot on a large Hem- 
lock tree, and found the Growths over the spot to count more than 
fiftv, and in pursuing this line we found many trees were marked of 
equal antiquity. We then found on the line a tree marked 1772. I 
marked J B & 1803. — The Surveyor followed the line with the com- 
pass over brushy land, and crossed Ashuelot River, and came to 
Marlow Road. — The line run over a large hill. The trees were 
killed by fire and the liill almost bare. — The course being pursued, 
came into a thick wood, where the marks were found again, and they 
continued to the Turnpike Road, and came to it sixty two rods east 

* for H Neal 



MASONIAN TAPERS GENERAL. 383 

of Bingham's Gate, at a small Bridge. To the south of this road, 
several spots on trees were cho])ped into, and the Granes over the 
spots counted more than fifty. — 

Monday the 3"' day of October, I, with the said Jeremiah Bacon, 
Samuel Gunneson & Ebenezer Toal, proceeded in perambulating the 
said West line of Mason's Patent, begining at the said Bridge on 
the Turnpike. And on advancing Northwardly through uncleared 
land, Avhich extended half a mile, many antient marks were found 
iind lately chopped into, and the s[)ots apfjeared, by counting the 
Granes over them, to have been marked at least fifty years ago : 
then over cleared land, and on entering the woods, we found the 
marks as before till we came to a brushy hill. I then, being unwell, 
could not proceed with the perambulators any furthur thad day. 
The next day I j^ursued. came to them, and went with them to the 
line which they had followed, renewing it and marking as they went ; 
and on my following it after them I found where they had marked 
a tree near the Original Corner of Fishersfield, and there they 
chopped into a spot on a Spruce tree. The Growths over the spot 
counted ujnvards of fifty. The Chopping I saw, and the Block they 
said they brought from the tree. — 1 proceeded with these men on 
the line from that place. I went with them to it, which was just b}' 
one Steams', who lived on the West line of a lot once owned by 
Thomas Wallingford. On this line the old marks were plent}'. I 
there marked a large Maple 1803 and J B — laid several stones round 
the tree, and proceeding on that line, came to Penhallow's lot, and 
marked a Beech J B 1803 ; it was then marked with several other 
letters. — 

The men then went on without me about a mile ; I then went 
with them to the line, and came to it by the road leading to New- 
])ort, and marked a large Maple with several spots, and also a large 
Hemlock just by it. Both trees were on the North side of the road. 
I pursued the line with them, and found it well marked for more 
than a mile ; it then came to a hill that had been burnt over and 
the brush grown up, and no marks a[)peared. The men proceeded 
forward till they came to Sannepee Pond, as they have deposed. — 

Dated Apr' the 7'" 1801— 

Joseph Blanchard 

Apr' T^ 1804— 

State of New Hampshire } 

County of Hillsborough \ " 

Then personally ap))eared the above named Josepli Blanchard Sub- 
scriber to the above and tlie Seven foregoing leaves and made Solemn 
Oath that the Said leaves contain a Just and true Account of the 



384 CHARTER liECOEDS. 

running marking and renewing the line he formerly run for the west 
bounds of Masons Patent (So called) according to the best of his 
Judgement & rememberance this Affidav' is taken in pepetuara Rei 
memoriam 

Before Timo. Taylor & ) Justices of the Peace 

Abel Goodridge ] Quoram Unus 



\_Deposition of John Stearns, Aj^ril 13^ 1804-1 
[Masonian Papers, Vol. 2, p. 76.] 

I John Starnes of Amherst in the State of New Hampshire Testify 
and Say, that about fifty years ago I together witli a Number of other 
Persons went with Joseph Blanchard (who now resides in the Town 
of Thornton) to run and mark the west line of Masons Patent as it 
was then Called, we were employ'd, as I then understood by his 
Father Col° Bhinchard late of Dunstable dec'^ the Company met at 
Dunstable and Proceeded westerward till we made the Southwest cor- 
ner of Said Patent which was in a place called Rowley Canady and 
not far fi-om a large mountain Called GRAND Manadnock after we 
had made that Corner we proceeded Northerly, the Said Blanchard 
Running a line All the way and Some of the company measured it 
& marked it all the way & I remember that trees were marked with 
Letters & Figures — I Suppose for mile markes this Line we Contin- 
ued measuring and marking for many days Crossing a larg pond 
then Called Sunnepee Pond and I well remember going to the west 
of what the men that were with me called Sunnepee Mountain, when 
we came to the pond we made a Raft of Logs and went over the Pond 
how the Said Blanchard Kept the line over the pond I do not remem- 
ber but I well remember beginning to mark & measure after we 
crossed the pond and so continued for Several days till we came to 
another very large pond the number of miles from the corner to the 
last mentioned pond I remember to be Sixty Seven the time we Avere 
on that Line was not Far from a Fornight — 

I Also further testify, that about one year ago I was employ'd by 
Some Persons belonging to Stoddard to go there and See if I had 
any Remberance of that line & when I came to the place where 
thy Said the line was I found a Line well marked which appeared 
very antiant and about where I Snposed we went, this line I follow'd 
by the old marks Some Considerable way and on it found a tree 
marked with the Letters J B which I Suppose was made by the Said 



MASONIAN PAPERS GENERAL. 385 

Blaiioluircl ^vllen lie run the aforesaid Line I Also further Testify & 
Say that I was employ'd by John Peirce of Ports'* Esq to go on that 
Line with Some other persons who he had hired to perambulate it 
against the Towns of Washington & Fishersfield — this was Some time 
in the mouth of Oeto"^ last — I accordingly went and Was Shewn the 
Line which I FollowM, with the other men Some ways and the Line 
ap[)eared to be the Same which I had formerly help'' the Said 
Blanchard to measure and mark and in this perambulation 1 came to 
Suuuepe Mountain which I well Remember and Remember being on 
the Same Side of it that I was when I was markenge the line with 
the Said Blanchard w^hich was on the w^est Side of it and not Far 
from it John Stearns 

County of Hillsborough \ then personally appeared the above 
April 13'" 1804 — ( named John Starnes and After being duly 

cautioned to Testify the Truth made Solem oathe that the foregoing 
Deposition as by him Subscribed is Just and True and contains the 
Truth and nothing but the Truth according to the best of his remem- 
berance and Judgement and remberance, this afifidvet is taken in 
perputuam rei memoriam 

Before Timo. Taylor | Justices of the peace 
Jo* Farwell { Quoram Unus 



\_Jotham Riiulges Journal.'] 

[Masonian Papers, Vol. 2, p. 90.] 

David Varney Wife one Child 

Nath" Varney Wife 

Silas Varney Wife 1 Child 

Hezek^ Varney Wife 5 Children 

juo Drew— Wife 1 Child 

Aron Drew d" — 1 d° 

Isaac Drew — d° — 3 d° — 

John Kinnestone d° — 2 d*' — 

W" Buzzell d°— 4 d°— 

W"> Clark— d°— 2 

Job Allard— d''— 

James P>riant d" — 4 d'' 

Nath' Went worth d°— 3— 

Clement Steel Wife 1 Child 

Jn° Gillman d"— 4 d'* 

Jerm'h Gillman d** — o — 
25 



386 CHAPvTEll RECORDS. 

Benj Perkens— d"'— 2 

Tho^ Perkens— 2 

Simeon Dearbunie — 5 

Sam" Willey— 1 

Sara" Sbervurn — 3 

Jn° Went worth — 5 

Jacob Welch — 1 

W" More— 1 

Elph* Quimby — 1 

Jn° Gilman Jun"^ — 1 

Benj Horn — 4 

Jo^ Abbot— cl°— 

Jn° Horn— d° 

Jo^ Mahim d°— 

David Copp— d°— 1 

1 Boy 

Noah Kimble 1— 

Nottingham Dec'"^ 19'" 1769 
Surv'i I^ottg j^^ 13th 8 Range 
Surv'i Lott N° 7. Range 

W" Langeson Orig' propriete Some sapling & a few Dead Mast 
pines non worth Reserving for the King- 
Employ'^ by Colo" Hilton of Newmarket — 

Surv'' Lott N° 15 —9^^ Range 
No timbers for Kings use 
M^' Piper 

Chichester Dec^ 19 1769 

Surv'' Lotts N 56. 57. 58. 3 divis" 4 Range & mill Grant but little 
timber for the King a good many Saplings 
Cap' Cram 

Surv^' Lott 33. in 3'' Range 

d" d° 27-d'' d° d" 
Cap* Cram 

Chichester 
Decern'" 19 1769 
Surv^' Lotts N'> 39 40. 41—2 Devision & 2'* Range 
Cram 

Surv'' Lotts N° 32 3'^ Divis 2*^ Range— Frosts Heirs— 
Surv'^ Lott N° 4'^ Ranffe 2'' Division Frost Oris^in' 



MASONIAX PAPERS GENERAL. 387 

Surv'> Lotts N'' 42. 43. 44 3'' Range 2 Division 
Ran & Moulton 

the above Land hath but Little Kings Timbers Some saplings 
which they were to Cutt for the Buildings 

Gillmanton Dec^^ 20 1769 

Surv''LottlL. 12 2'> Range 
No pine fitt for Kings 
Flanders Weed — 

SurV* Lott 16 2 Range 
No pine for King 
Nicho' Dudley 

Surv'' Lott 11. 12. 3'' Range 
Cap* Jon" Gillman 

Surv' Lott N*' 13. 3'^ Range 
Stephen Dudley 

Surv'^ Lott N° 14 3 Ra 
W" Smith— 

Sur^^ Lott N'' 15. 
Antipas Gillman 

Surd Lots N 16 17. & 18 
Joseph Bagger Esq 
Surv-i j^To 13 O'l Range 
Dudley Young — 

Lotts Surv'^ in Gillmanton 
Surv'^ no White pine 

Middleton Decem''^ 26 1769 

Surv'i Lotts N°4L 42. 43. 44 
Some Good Pine Timber for the Kings use 
Employd by Job A Hard 

Surv*^ Lott N** 49 no pine Trees fit of the King- 
James Briant 

Surv'^ Lotts N° 3. 4. 13. 67 very little White pine timber fit for 
Kings for Isaac Drew 

suiV> Lotts N° 23. 46. 15. 14. 6 42. 17. 21. 19. 80. 22. 
East Town Dec''^ 29 1769 
no timber for Kins: 



388 CHARTER RECORDS. 

New Durham Ja^ 30 1770 
surv'' Lott N° 09 no pine fitt for Kings use for Sliadrack Allard 
surv'^ Lott N° 6 some small Saplings clone by shadra Allard 
Surv*^ Lott N° 63 some small Saplings done for David allard 
Surv*^ Lott N° 27 some small saplings done for Ebenez'" Bickford 
Surv'^ Lott N'^ 8 some small Saplings, for Money 
Surv'^ Lotts 9 & 10. for James Berry & no Kings Timber 
Surv'^ Lott N^ 11 no Kings Timber for Benj'' Berry 
Surv'^ Lott N"' 64 no Kings Timber for Widow Berry 

Middle Town Dec'"" 25. 1769 

David Varney on Lott. N° 62 ab' 2 Acres Fell i Acre Clear'd 
House 

Natli^ Varney 63 ab*^ 3i Acres Clear'd ; ab^ 4 or 5 Acres more fell 
a House Hovell corn house 

Andrew Horns Home Lott ab' 1 Acre fell no Building 

no- family Ephraim Ellis 

Saw Mill on W" Wentworth Home Lott 

John Drew orig^ on Lott 87. 10 acres fell & ab' 1 Acre Cleard 
House & Barn Frame 

Silas Varney (Noah Cross orig^) Lott N° 2 Acres fell ab^ i an 
Acre Clear'd House no Barn family 

Aron Drew on Lott N 97 ab' 4 or 5 Acres fell & 1 Acre Clear'' 
House no Barn family 

Lott N° 100 2 Acres fell a small Frame done by Cha* Hilton 
no family 

Hezek^ Varney N. (Isaac Watson Ori») 3 Acres Clear'd & 

two Fell House & no Barn family 

Lott N° (Joseph Cook Orig') a few Trees fell ab* li Acre 

Moses Whitehouse Lot N 70 a small Frame & 5 Acres Trees Fell 
none Crear'd. no family 

Joshua Guppy Lott N 12 part of Logg House very little Cleard & 
no family one 

John York N° 10 part of Logg House ab' 3 Acres fell no family 
none Cl'^ 



MASON IAN PAPERS GENERAL. 389 

JdIiu Kenniston Lott N 7 ab* o acres Cleard & 3 fell House & 
family 

W" Buzzell Lott N° 7 ab' 4 Acres Clear'd & 5 fell House & 
family — 

W" Clark N°5— 2^ Acres Cleard, & 4 Acres fell House & family— 

Lott N'* (Tim° Hanson Orig^ ab' 2 Acres fell None Clear'd— 
no House 

Lott N*' (Jn° Roberts Orig) Elias Cricbet a Small frame ab* 2 
or 3 acres fell none Cleard — 

26 Decern''^ 

Lott N° 3. a Small frame & ab' 3 Acres fell Trees 
W" Elkins 

Lott No 28 ab' 2 Acres fell Trees done by M"^ French 

Lott (Con' Page Orig') ab' 4 Acres fell & part of Logg 

House no family done by Giddion Jobnson 

Lotts N° 23 24 25. 26 ab' 20 Acres fell & ab' 1. Acre Cleard. done 
by John Tasli 

Lott N° (W"" Horn Jun^ Ori) ab' 6 Acres fell Trees— no family 

Lott N° 13 ab' 1 Acre fell Trees done by Jn° Clark 

27 Decem'^'' 

Lott N° 42 ab' 5 Acres fell Trees ab' 2 Acres Cleard done by Job 
Allard House & Barn & family 

Lotts N° 37. & 38 ab' 4 fell Trees no House — James Bryant 

Lott N° 49. ab' 30 Acres fell Trees, ab' 4 Acres Clear'' House & 
family 

Lott N° 41 ab' 4 Acres fell & small pole House done by Ebenz 
Perkins 

Lott N° 50 ab' 4 Acres fell & abo' 1 acre Cleard House & no fam- 
ily done by Benj* York 

Lott N*' 52 ab' 5 acres fell Trees 3 acres Cleard a House frame 
done by N. Wentworth no family 

Lott N" (Orig' Tho^ Wentworth) ab' 6 Acres fell U Acre 
Cleard done by Nath Wentworth 
House & family 



390 CHARTER RECORDS. 

Lott N° 30 ab' 5 acres fell & 1 Acre Cleard House & no family 
done by Jacob Pike 

Lott Rich'^ Huzze Orig' aV 4 Acres Cleard part of House done 
Nath' Stephens 

Lotts N° 4 ab' 4 Acres fell done by Isaac Drew 

Lott N'' 6 ab' 4 acres Trees fell & ab* 2 acres Clear"^ House & 
Barn Isaac Drew 

East Town Dec''^ 30 1769 

Lott N** 36 ab' 2 Acres Cleard ab^ 2 fell House & family Clement 
Steel 

Lott N 29. ab» 13 Acres Cleard & 7 d° fell House & family Jon"^ 
Gillman 

Jeremiah Gillman Lett 27 ab' 15 Acres Cleard & ab' 8 acres 
House & family 

Noah Kimble Lott N" 38 b' 6 acres Cleard 4 Acres fell trees House 
& family 

• Benj Perkins Lott 25 ab*^ 6 acres & ab' 6 Clear'' House & famly 

Sam'i Willy Lott 23 ab' 3 Cleard 5 Acres fell House & family 

Sam' Sherburne Lott 23 ab' 1 Acre CP ab' 4 acres fell House & 
family 

Simion Dearburne Lott 42 ab' 10 Acre Clear & ab' 20 fell House 
& family & Barn 

Joshua Edgerly N° 76 ab' 2 acre CI'' 8 fell House & family 

W'» More N° 74 3 acres CI'' 3 fell House & family 

John Gillman n° 39. 8 Acrs Cl'^ 2 acrs fell House & family 

Lott No 37. ab' 10 acres Cleard House & no family 
4 acres fell 

Andrew Gillman N° 24 ab' 1 Acres Cleard 1* Acrs fell House 
building 

Tho' Perkins N° 22 2 Acres Clead 5 Acs fell family, House build- 
ing 

Jacob Welch N" 80 b' 3 Acres Trees fell House building, family 

Jn° Wentworth 18, ab' 1 acres CI'' ab' 4 Acres fell House & family 

David Copp 15 ab' 6 Acres fell 1 Cleard House & family 

Joseph Abbet. 52 ab' 6 Acres Cl*^ ab' 4 acr fell House & family 



MASONIAN PArEKS GENERAL. 391 

John Horn 50 b' 4 Acrs CI'' 4 Acrs fell House & famil}' 

Daniel Hall 53 b' 4 Acres fell House himsell 

Benj Horn 60 at 3 Acres CI* ab' 3 fell House & family 

Jn*" Gill man Jun' 64 ab 2 acres Cld 3 fell House & family 

Elpelet Quinby QQ b' 1 Acre CI'' 3 Acrs fell House & family 

Joseph Malum Lot N 90 2'' Divis ab' 3 Acre CP 3 d° fell House & 
family 

Joseph Perkins 86 1 acre CI* 3 Acr fell House & family moving up 
Men thats begining 

Names N° Tres fell d° Cl-^ 

Barn-* Palmer 34 6— 4 

House building 
John Kimble 40 6— 4 

House frame 
Andrew Gilmaii 
San' Sherburn | 
BenJ Pickering \ 
Nch York 
Trewo' Dudley 
Ichabon Kenny 
James Garvin 
Barn^ Palmer 
Jn° Gage — 
Jn° Wingate 
San" Hall 2''— 

Rob' M'Crillis N'' 76 House building Family — 

Jn° Gillman 62 ab' 4 Acrs Trees fell House building he living in 
Town 

Moultonborongh Farailys 

Ezekiel Moulton Sam" Richardson 

Stephen Mason Israel Glines 

James Mason Daniel Gilman 

W'" Atkins Stephen Sanburn 

Benj Hilyard Amose Sanburn 

Ebenz^ Blake Jon^^ Choat 

Nath" Ambros John Garland 

Joseph Richardson Saunders Magoon 



25— 


6— 


2 


20— 


6— 


4- 


9— 


4— 


1 


43— 


2— 


2 


75— 


4 




67— 


8— 




44 


3— 


1 


41 


3— 




90— 


8— 


1 


71 


15— 





392 CHARTER RECORDS. 

Bradbury Richardson Will^ Vetern 

Ricli'^ Alley John Sanderson 
David Bean Chandler 

Stephen webster John Innis 

Moultonborough Ja>' 8 1770 
Ezekiel Moulton Lott N« 6 8"' Range ab' 10 Acres Cleard & inpr'^ 

5 acres Trees fell a small Logg" House 

s'l to be Coll*^ Moultons— Wife 4 ChikP 

Stephen Mason Lott 7-8 Range abt 6 Acres Clear*^ 4 fell a small 
Logg House a Barn 30 fett ab' 3 L. E H Cows 3 wife 2 Children and 
woman 

James Mason Lott 2 9 Range ab' 7 Acres Cl'^ a small Logg House 
ownd by Col" Moulton wife & Child 

Lott 3 9 Range a' House ab' 40 feet Long & 20 wide abt ^ Boarded 
ab' 13 Acres Cleard at 40 fell trees 
no family 

Lott N° 1 9 Range ab' 5 Acres trees fell done by W" Tole 

Lott 3 10 Range ab' 3 Acres fell Coll° Moultons 

Lotts N° 4 & 5. 8"^ Rauge ab' 8 Acres Cl*^ 2 fell House partly bord*^ 
ColP Moulton 
no family 

W" Atkins Lott 5. 8 Range Logg House 1 Acre fell none Cl'^ — 
wife 1 child 

Lott N° 5. 7'" Range 2 Houses 30 fett Long 20 fett wide Barn 30 

6 yo — Logg House — Benj Hilyard Moltoiis Tennant 50 Acres 
Clear'^ Lau'd 6 fell 4 oxen 4 Cows 

Lott N° 6 7 R ab*^ 6 Acres Cleard 30 Acres Trees fell no House no 
Barn 

Coll° Moultons 

Lott N° 4 7 Range 10 Acres 01^' ab' 7 Acres fell 
ColP Moultons 

Lott N° 2. 9 R ab' 2 Acres fell Trees done by James Mason 

Moultonborough Jan^ 9"^ 1770. 

Ebene^ Blake. Lott N° 4—6 Range ab' 20 Acers Land Cleard a 
frame House ab' 25 feet square. Barn 30 feet 2 Cows wife & 2 Chin- 
dren 



MASONIAN PAPERS GENERAL. 393 

Natli* Ambros Lott N** 4. & 5. 5 Range ab' 15 Acres CI'' Land, 15 
Acres Trees House ab' 30 feet Square a Barn wife 3 children 

Lott N^^ 2. & 3 3^^ Range 2 Acres CI'' 6 Acres feli done by Joseph 
Richardson wife 
lives in the I'own 

Jany 10"' 

Bradbury Richardson Lott. N° 3 & 4 3 Range 12 Acres CI'' 4 
Acres Trees fell. House 29. & 36. 30 fet Barn wafe & 2 Children. 4 
Oxen 4 Cows 4 young Cattle 1 apprentice 

Rich^ Alley Lott 4. 2^' Range 5 Acre Cleard. 6 fell Logg House 20 
fett 1 Cow Hovel wife 1 Child 
Belong to Coll' Moulton 

Moultonborough Jan> 10 1769 [1770] 
David Bean Lott N'' 6. 2'' Range 7 Acres Land Cleared 3 acres 
fell Logg House Hovell 3 Cows 1 Yoak Oxen wife 3 Childron 20 
fett House 

Stephen Webster Lott. 5. 2'' R 1 Acre Clear'' 2 fell Logg House 

ab' 20 fett : 1 Cow wife 1 Child- 
Sam' Richardson Lott 5. 2'' R none Cleard Logg House, wife 4 

childron 

Lott N** Common 3'' Range 18 xVcres Cleard, Logg House no fam- 
ily Coll jMoutons 
8 acres fell 

Israel Glines Lott. 1. 3'' Rang 7 Acres CI" Logg House 20 30 feet 
Barn partly Boarded wife 7 Childron 2 Oxen 3 Cow 

Lott N 1. 6 Range ab*^ 6 Acres Clear'd & not iraprov'' 6 acres 
Fell all grown over to Busshes a small Logg House partly to peices 
Coll Moultons 

Moultonborough Jan>' 10 1769 [1770] 
Lotts. 2. 3. 4 Ra. 1 House 44 it 22 feet wide well finished. Daniel 
gill man Wife & 3 Childron 3 Hired men Logg House 40 feet Long 
20 feet wide Benj'* Kind:)le wife & 2 Childron Logg House ab' 30 
feet Long frame addition ab' 12 feet Long. 22 feet wide. 3 Logg 
store Houses 1 Blk smiths shop. Barn 75 feet Long 32 feet wide an 
Addition 52 feet Long 12 feet wide 

70 Acres Cleared Land 60 Acres fell Trees — the Building on N** 
2. all with in 200 Yards 



394 CHARTER RECORDS. 

Lott N° 1. 3'^ Range a Store House on wharfe 30 feet Long 20 feet 
wide 5 Acres Cleard Land 
CoU° Moultons 

Lott N° 2. 7 Range N° 2. 6 Range grist mill ab' 10 Acres CP 2 
Acres Fell, a small Logg House 25 & 20. no family 

Moultonborough Jan^ 10, 1770 

Stephen Sanburne N° 3. 6 Range abt 12 Acres CI'' 1 acre fell, Saw- 
Mill, a small Logs House at 15 feet 

(wife no Chikri Y Oxen 3 Cows Hovell 20 & 30— 

Amos Sanburn N° 3. 6 Range a frame House 28 & 30. this family 
& the above carrys on to geather. wife & 6 Children 

Jon-'' Choat. Saunders Alagoon 3 Lott 5 Range. 2 Acres C\'^ 18 fell 
House 40. Long 20 fe back a Wife. C. 3. m 5 
Barn 30 fett 1 Y oxen 4 Cows 

John Garland Lott N° 4.. 6 Ra House no Ian'' CI'' wife 2 Child 1 
Cow 

William Vetern. Lott N° 5. 6 Ra ab' 20 Acres Cleard. 10 fell Logg 
House ab' 30 & 20. Hovell Wife & 8 Childron 2 Cows 3 Young Cat- 
tle 

Lott N° 4. 4 Range ab' 9 Acres fell Trees ColP Moultons 

11"^ 1770 Moultonborough Neck 

Lott N^ 1. 2 Range 1 Logg House 20 & 16. 

Lott N° 1 4 Range 1 Logg House 18 & 15 

Lott N° 2. 8 Range 1 Logg House 18. 12— 

Lott N 1. 3 Range part Logg House 18. & 12 

Lott N° 11. 1*' Range in Addition part of House Built ab' 8 Acres 
fell ab' 4 Acres CI'' — John Boynton no family 

John Sanderson Lott 1 2'' Range 3 acres CT' 1 acre House ab' 25 

1 Cow wife 2 Childron 

Sanburn Chandlers Lott. N. 1.. 9 4 Acres CI''. 2 Acres fell Trees 
Logg House 20. 24. 1 Y Oxen 2 Cows Wife 2 Childron 

Jn° Innis in Com" Land neigh Red Hill, old Town, ab' 12 Acres 

2 fell tres Logg House Barn 29. 35. Wife 6 Child" 1 Y Oxen 3 Cows 
2 Calves 



MASONIAN PAPERS GENERAL. 395 

Moultonborougli JaiP. 12. 1770 

In Common Land Logg House 24 5 Acres CI'' 6 fell trees — 
no body on the Spot — 

by side of Long pond ab' 8 Acres Trees fell in 4 places cou*' not 
find weither they were on Lotts or Common Land 
done by Cap' Lucas & John Snclear. 

Addition 

Leiut Senter Lott N° 1. 1' R Logg House ab' 22 & 42 ab' 10 Acres 
30 Acres fell Hovell 1 Y ox 3 Cows 2 Calves wife 7 Children 

S^ Lott 2 Range 4 acres trees fell 

Ebenez"^ Chamberlin Lott N" 1 1*^' Range Logg House 18 feet 24. 
6 acres Cl'^ 4 Acre fell Wife 7 Childn 1 v Oxen 2 Cows 1 y 1 C. 
Hovell 

Elisha Commins Lott 2. 2'^ Ringe 3 acres CI'' 3 fell Logg House 
35. 18, 2 Cows 1 steer, wife 4 

New Salem Jan>' 15*" 1770— 

Sam" Kimbel 1' Division N'^ 4 Point Lott. Frame House 24 & 30 
ab' 13 Acres fell trees, wife 3 Childron — 

Jon=^ Smith N^ 6 Point Lott. Frame House 24 & 30.— 12 Acres 
Cleard Land 10 acres fell Trees gone below to move his family 

Tho* Danford N° 7 p' Lott Logg House ab' 20. Barn 30 & 34. 
Clear'd 10 Acres H fell trees Wife 10 Childron 

Daniel ^Morrison N" 8 p' Lott Logg House 20.. 6 Acres Clear'^ 2 
Acres fell trees no Wife 6 Childron 

Abraham Folsom N" 14 p' Lott Frame House 24 & 18 Logg Barn 
20 ft 14 Acres CI'' 6 Acres fell trees wife 1 Child 1 H man 

David Watson N° 1 6 Range House 24 & 30 7 Acres CI'' 4 Acres 
fell wife 

Job Judkins N 2 8 Range 6 acres CI'' 14 fell F House 24 & 18 no 
body on Spot 

Point Lott N° 2. 12 Acres fell trees done by W'" Crockett 

George Bean Lott N° 2 6 Range 16 acres Cleard 8 Acres fell 
frame House 30 & 20 Hovell wife 6 Childron 

Ruben Mastin Jun" Lott NM 5 Range Frame House 18. 24 9 
Acres Cld 6 Acres fell Wife 1 Child— 



396 CHARTER RECORDS. 

W" Meed Lott N 8 5 Range F. House 30.24 Barn 42 & 30. 

25 Acres Ckl 15 fell wife 9 Childron 
a Small Logg House no family- 
Jacob Eatton. Lott N° 2 no Range Logg House 20 feet Logg 

Barn 30 & 20, 10 Acres Cl^ 10 Acre fell trees wife 9 Childron— 

Lott N" 3 6 Range abt 7 Acres CP Land 3 acres fell done by 
David Laurance Esq 

Ebenez"- Smith Esq N" 10 p' Lott frame House 30. 24 Barn 30. 
34 ab' 40 Acres Cl^' 8 fell trees Lott N° 11 4 Range adj=' ab^ 8 Acres 
CI" 3 fell 

wife 3 childron 2 ap*^ Boys 

Nich'^ Carr Foulson Lott n° 11 4 Range F House 18. 24 3 acres 
fell trees wife 2 Childron 

Joseph Roberts. Lott N° 3 0. 4 Range 6 Acres CI" 10 Acres fell 
trees Frame House 30 24 gone to move family 

Jeremiah Smith Lott N° 8. 4 Range 15 Acres CI" 6 Acres fell — 
F House 30 & 24 Barn 42 & 30— wife 2 chil" 

Ruben Mastin Lott N"!— 4 Range F House 18. 24 Hovell wife & 
4 Childron 4 CI" 4 fell 

Abraham Swain Lott N" 8. 7 Range F H 18. 24 Logg Barn 20 
wife 1 Boy 12 Acres CI" 2 fell 

Eben"^ Pitman Lott N° 5. 6 Range no House, ab' 10 acres fell 
trees 

wife & 2 Child, in Town 

James Quimby Lott N° 9. 3" Range Logg House ab*^ 20. 25 n 
Barn wife 6 Childron 8 acres CI" 3 fell 

Sam" Torry Lott N° 3 1*' Range Logg House 36 feet Long 20 w" 
pole Barn wife 6 Childron 8 acres CI" 4 fell 

Lott N° 4 1^' Range 4 acres trees fell done by Joseph Conner 

Rob' Bryant 4 Lott 3" Range F House 16. 24 Logg Barn 20 wife 
2 Childron ab' 10 acres Cl'^ 4 fell 

Lott N° 4 3" Range 12 Acres fell trees done Nath' Robertson 

John Boy n ton Lott N° 4. 4'^ Range Logg House Logg Barn abt 
20 wife 2 Childron ab' 7 acres CI" 4 fell 

W"' Ray Lott N. 3 3" Range Logg Hous & L Barn ab' 20 wife 2 
Childron 7 CI" ab' 5 fell 



MASONIAN rAl'EKS GENERAL. 397 

Lott N*' 5, 5'" Range 3 Acres CI' Land 3 fell done by John Pike 

Lott N" 4 2'* Range ab' 4 Acres fell done by Jon'"* Stephens 

Saw Mill on Mill Grant on main River 

Grist mill on mill grant Wequash Brook 2'^ Division 

All the Avork done in 1" Division 

Leavitston Jan^ 22"^ 1770 

LeviTole Lott N° 96, 2'i Divission Logg House 38 feet Long 18 
feet wid, ab' 6 Acres Cl<* Land 15 Acres fell wife 7 Childron 1 Y 
oxen 2 Cow — 1 Horse — 

Lott X° 95 2^* Divission Benj Hilton Lott N 95 (Belong to Tho' 
Parsons) 25 Acres CI'' Land. 30 acres fell trees, frame House 26. & 
24 wife 1 Ch 

James Titcomb Lott 97. P* Divission ab' 17 feet, ab* 5 Acres CI'' 

6 fell wife 1 Child 1 Cow- 
Andrew Hilton Lott 93 d° ab' H Acres Cl'^ 10 acre fell trees wife, 

3 Childron Logg House 16 & 18 feet 

Jeremiah Avery Lott N. 92 d" ^ a Acre fell trees Logg House 38 
& 19. i Boarded wife 3 Childron — 

Josej)h Palmer Lotts N° 78 & 79 House on Line i on each Lot 18 
& 16 Logg ab' 4 acres Cl*^ 10 Acres fell this done by Cap'^ Drake & 
Lovell 

Tho^ George Lott 92. 2'' Divission Logg House aV 20 fett ab* 2 
Acres Cl^ 15 Acres fell 
wife & 2 Childron 

Josiali Mastin Lott 95 i an acres CI'' Llouse 14 & 16 wife & 4 
Chil" 

James Dearbnrne Lott N" 41 1 acr'' CI'' 4 acres fell wife 2 Child" 
no House Lives in the House with Josiah Robertson 

Josiah Robertson Lott N" 40 1 Acres CI'' 3 Acres fell trees House 
16 & 18 wife & 2 Childron 

Saw Mill on 94 Grist Mill 97 

Lotts began on 

Lott N" 93 2'' Divis" ab' 18 acres fell trees in differnt spots done 
by seth Fogg 

Lott 98 1^' Divis 2 acres fell by Seth Fogg 



398 CHARTER RECORDS. 

Lott 96 1^' Divission 1 House 16 by 18 done by Abner fogg Jun'' 

Lott 95 1' Difit 1 House frame 16 & 18. done by Abner ffogg Jun 

Lott 98 2'* Divission House Logg 16 by 18 ab' 3 acres fell trees 
Doc* Deairburne 

Lott 93 1^' Divission 2 acres trees fell done by Josiah ]Mastin 

Lott N" 37 1*' Di. ab' 3 Acres fell trees done by Jn° Taylor— 

Lott 9-4 3 Acres fell done — [illegible] Deaarburne 

Lott N° 67 2'^ Division ab' 4 Acres fell House building done by 
Sam^i Webb 

Lott N° 5 1*' Divission 2 Acres Old 5 Acres fell done by David 
Mastin — 

Lott N° 91 1 Divission ab' 3 Acres C"^ 1 fell Logg House 18 & 20 
done by Jeremiah Avery 

Lott N° 76 1 Divission ab' 3 Acres fell done by Benj Hilton 

Wolfborough Jan>- 29 1770 

Governor Wentworth Lott N'' 2 House 100 feet 40— Saw Mill 60 
Acres Land with meadow CF £0 acres fell 

Sam' Woodess Lott N" 7 Logg House 1 Acres CI' 3 fell 

George Wooddess Lott N° 7 4 Acres fel no House — 

Jotham Rindge Lott X° 8 House 10 acres Land CI' 40 acres fell 
tres 

Aron ffrost Lott N° 9 House 1 Acre Cl-^ 12 fell 

Tho* Trygs Lott X° 5 1 Acres CI'' 5 fell tres Logg House 

James Lucas Lott N° 1 Settles Lott Logg House Barn 30 feet 20 
acres CI*^ 10 acres fell 

Sam' Tibbitts Lott N" 2 8 ares CI' 6 Acres fell frame House 

Joseph Lary Lott N° 3, Logg House 6 Acres CF 7 acres fell 

Tho' Taylor Lott N" 4 5 Acres CI'' 2 Acres fell Logg House 

Tho' Piper Lott N° 5 2 Acre Cl*^ 1 Acres fell Logg House 

Benj Blake Lott N° 6 12 Are CI'' 3 Acres fell Logg House 

]\P Fulerton N° 7 Logg House 14 Acres Cl^' 8 acrs fell 

Andrew Wiggins Lott N° 8 Logg House 5 acres CI' 2 Acres fell 

James Hearsey Lott N° Logg House 4 Acres CI' 6 Acre fell 



MASONIAN PAPERS GENERAL. 399 

Joiv'' Harse}' on I) Peirces Lott Logg House. 5 Acres trees fell 

Thiel Clifford N" 21 Logg House 30 20 4 acres CI'' .5 Acrs fel 

David Haynes 21 Logg House 3 Acres 4 acres fell 

W"" llayiies Lott N° 20 Logg Hous 4 CI'' 4 acres fell 

20 Acres fell by M"" Meservy 

Lemuel Clifford Lott N" 19 Logg House 4 Acrs CI'' 3 acrs fel 

Kuben Libbey Lott N° 24 6 Acres CI'' 10 acres fel Logg House 

Lott N 24 8 Acres Cl^ 50 ares fell done by Cap' Parker 

Lott N frame House 4 Ares CF 11 feel done by Clui^ Rogers 

2 Cld 10 fell Logg Hous done by Cooley David Sewells Lott 

10 fell by Jn° Sinclar 

Sam" Tibbitts Jun"" N 17. frame House 2 Acres CI'' 5 acres fell, 

Lott N° 17 24 acres fell 6 CI'' done by Cap' Tory 

John Sinclar N'' 14 frame House 30 acres fell Trees 

Tho** Cap' Lucas N° 14 frame House 20 Acres fell 

James Lucass Jun"^ N° 14 House Logg 30 Acres fell trees 

Lott N° 13 10 Acres fell trees 

Lott N° 15 Logg House 17 Acrs CH 4 Acres fell 

Benj^ Folsom N" 12 Logg House 6 acrs fell trees 

Jacob Segeal N° 11 Logg House 8 acre fell 1 Acre Ch' 



P^RT II. 

RECORDS 

OF THE 

M EETIN GS 

OF THE 

maso:n^ian propkietors. 

1748-1846. 



26 



RECORDS 



PROPRIETORS' MEETINGS. 



[Masonian Papers, Vol. 1, p. 69.] 

Province of ) Notification is hereby given that on the four- 
New Hampshire \ teenth da}' of May Instant at the Dwelling-house 
of Sarah Priist in Portsmouth in the Province of New Hampshire 
Widow at ten of the clock in the forenoon there will be a meeting 
of the Proprietors of a Tract of land in New-Hampshire aforesaid 
Containing two hundred Thousand Acres more or less purchased of 
John Tufton IVIason of Portsmouth aforesaid Esqu'^ by Deed dated 
the thirtyeth day of July 1746— 

(I'y) Then and there to choose a Clerk for Said Proprietors — 

(2'y) To choose Such Committee or Committees as Said Proprie- 
tors shall think proper — 

(3'-') To do or transact any other affair as shall be thought proper 
for the Benefitt of Said Proprietors — 

May y« 12"^ 1748— 

Theodore Atkinson John Wentworth 

R Wibird Mark H^ Wentworth 

John Moffatt Joslr"^ Peirce 

J Odiorne Ju"" Tho* Packer 

Sam' Moore Geo: Jaffrey jur 

Nath' Meserve Tho" Wallinsfford 



Province of } Portsmouth May y-^ 14"^ 1748— 
New Hampshire \ At a Meeting of the Proprietors of a tract of 
land in y*^ Province of New Hampshire containing two hundred 
Thousand Acres of land more or less purchased of John Tufton 



404 CHARTER RECORDS. 

Mason of Portsmouth aforesaid Esqu"" by Deed dated the thirtyeth 
day of July 1746, at the Dwelling house of Sarah Prust in said 
Portsni° Widow pursuant to a Notification Dated at Said Ports- 
mouth y'' 12"' Instant notifying Said Meeting — voted — 

(1) Voted unanimously that the Hon''' Theodore Atkinson Esqu"^ 
be moderator for said meeting 

("2'*') Voted that m"" Geoi-ge Jaffrey jun'' be Clerk of the Said 
Proprietors 

Province of | Portsmouth May 14"' 1748 

New Hamp'' \ M'' George Jaffrey Jun'' made oath that he would 
execute the office of Clerk of the Said Proprietors So long as he 
shall continue in the said office according to his best Skill Judgment 
and understanding agreeable to Law