I . ' Digitized by the Internet Archive in 2016 with funding from Boston Library Consortium Member Libraries https://archive.org/details/documentsrelatinOObatc STATE OF NEW HAMPSHIRE. DOCUMENTS RELATING TO The Masonian Patent 1630-1846, INCLUDING THE 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. Boston college library CHESTNUT HILL, MASS. 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 Representatives 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 in 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 same be printed by the state printer, 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. PREFACE. In 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 were constantly moving upon events, and were potent 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 boundary 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 within 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 was 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 PREFACE. papers were at a serious disadvantage owing to the fact that a considerable part of the documents which may be described as Masonian, were in pri- vate custody and inaccessible as regards public examination and use. In 1746, 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 papers 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 places of reference and custody, are described and cited in their proper consecutive order. It must 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 indispensible as commentaries on and treatment of the principal 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 documents, 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 in 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 1679 and until the death of Robert (Tufton) Mason, grandson of the proprietor, in 1688, 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 in 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, in 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 efforts 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 parlance 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 which 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 people, 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 unpromising. Their administration of their rights as successors to the Masonian 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 map which accompanies volume twenty-six of this series. In almost forty years succeeding 1746, the course of affairs with them was comparatively uneventful. Soon after the Kevolution, 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 behalf 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 proprietary. The state’s contention, advanced in the gen- eral court, was that there was no warrant for the assumption that the Masonian 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 345, respectively. From this time onward to the conclusion of the record, the history of the proprietary and of the Masonian 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, Mr. William M. Sargent of Portland, Me., 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. 96), 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 Bobert Cutts Peirce of Ports- mouth in 1891. This has supplied material which has been the basis and principal feature of the three volumes now published and designated as “Masonian Papers.” Two 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 Mason ia 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. A. S. BATCHELLOR. TABLE OF CONTENTS. Council of Plymouth Established, Nov. 3, 1620 . . ■ . 3 Grant of Mariana, March 9, 1621-2 ....... 19 Grant of Maine, Aug. 10, 1622 ........ 23 Wheelwright Deed, May 17, 1629 . . . . . . 28 Grant of New Hampshire, Nov. 7, 1629 ...... 28 Grant of Laconia, Nov. 17, 1629 ....... 33 Description of Laconia ......... 38 Letter, Thomas Eyre to Ambrose Gibbons, May, 1631 ... 38 Grant of Piscataway, Nov. 3, 1631 ....... 39 Note of Patent to Gorges and Mason, Nov. 4, 1631 .... 43 Invoice of Goods, Nov. 17, 1631 . . . . . . 1 44 Invoices and Accounts ......... 45 Invoice of Goods, April 18, 1632 ....... 45 Letter to Ambrose Gibbons, Dec. 5, 1632 ..... 47 Names of Mason’s Stewards and Servants ..... 48 Letter from Ambrose Gibbons, June 24, 1633 ..... 49 Property at Newichwannock, July, 1633 ...... 49 Covenant between Walter Neal and Charles Knill, July 1, 1633 . 50 Letter, Gibbons to the Company, July 13, 1633 .... 51 Four Towns Laid Out, August 13-20, 1633 ..... 52 Agreement for Division of Property, Dec. 6, 1633 .... 55 Allotment of Capt. Mason’s Part by the Council of New England, Feb. 3, 1634 • 55 Gorges and Mason to Wannerton and Gibbons, May 5, 1634 . . 55 Capt. Mason to Ambrose Gibbons, May 5, 1634 .... 56 Gibbons to Mason, Aug. 9, 1634 ....... 57 George Vaughan to Ambrose Gibbons, Aug. 20, 1634 ... 59 Lease of New Hampshire to John Wollaston, April 18, 1635 . . 59 Grant of New Hampshire and Masonia, April 22, 1635 ... 62 Grant of New Hampshire and Masonia, April 22, 1635 ... 64 Transfer from Wollaston to Mason, June 11, 1635 .... 66 Itoyal Charter to Mason, Aug 19, 1635 ...... 69 Deed, Gorges to Mason, Sept. 17, 1635 ...... 85 X TABLE OF CONTENTS. John Mason’s Will, Nov. 26, 1635 88 Vaughan to Gibbons, April 10, 1636 ....... 96 Lease to Francis Matthews, Oct. 1, 1637 ...... 97 Anne Mason to Ambrose Gibbons, May 22, 1638 .... 98 Richard Rogers to Ambrose Gibbons, March 2, 1647 ... 98 Joseph Mason’s Protest against Richard Leader, July 4, 1651 . 99 Deposition of Biles and Mason, May, 1652 ..... 99 Petition of Robert Mason ......... 100 Abstract of Mason’s Title ......... 104 Report on Mason’s Petition ........ 104 Opinion of Sir Geoffrey Palmer, Nov. 8, 1660 ..... 106 Summary of Mason’s Title, March 5, 1674-5 ..... 107 Report of Attorney and Solicitor General, May 17, 1675 . . . 108 Judges’ Report ........... 109 Letter from King to Massachusetts Government, March 10, 1675-6. Ill Depositions of Edward Johnson and William Seavey, Aug. 25 and Sept. 3, 1676 112 Extract of Letter from Gov. Leverett to the Lord Chancellor, Oct. 22, 1677 112 Petition of Mason and Gorges for Separate Government, Jan. 9, 1677-8 112 Letter from the King to the Massachusetts Government, July 24, 1679 112 Petition of Robert Mason, Aug 6, 1680 ...... 116 Letter from the King to the Massachusetts Government, Sept. 30, 1680 116 King’s Instructions, Oct. 1, 1680 . . . . . . . 118 Appointment of Richard Otis as Steward, March 22, 1680-1 . . 120 Richard Chamberlain’s Report to the Lords of Trade, May 16, 1681 120 Letter, Council of New Hampshire to the King, May 31, 1681 . 120 Petition of Robert Mason against the Council, Nov. 10, 1681 . . * 120 Mason’s Offer to the King, 1681-2 ....... 647 Surrender of Revenues to the King, April 1, 1682 .... 648 Extract from Gov. Cranfield’s Commission, May 9, 1682 . . . 120 King’s Proclamation, June 23, 1682 ....... 121 Answer of Elias Stileman, Nov. 15, 1682 ..... 123, 649 Answer to Mason’s Claim ......... 651 Nathaniel Weare’s Complaint ......*. 123 Statement of Richard Chamberlain, 1683 ...... 124 Letters from Gov. Cranfield to the Commissioners .... 124 * TABLE OF CONTENTS. XI Deed, Mason to George Broughton, April 12, 1683 .... 124 Certificate of Gov. Cranfield, Sept. 24, 1683 ..... 126 Mason vs. Vaughan, 1683 ......... 127 Conveyance, Mason to Lyford, Oct. 29, 1683 ..... 129 Robert Mason’s Waiver, Dec. 5, 1683 ...... 131 Proclamation about Deeds, Feb. 17, 1683-4 ..... 131 Statement of Walter Barefoot, Nov. 6, 1684 . . . . . . 132 Petition of Inhabitants against Mason, 1685 ..... 132 Papers in Mason vs. Wiggin and Nutter, 1685 ..... 132 Deed, Wonalancet to Jonathan Tyng, Oct. 10, 1685 . . . 132 Depositions about Mason Property, 1685 ...... 134 Deed, Mason to Usher, Lidgett, and McCarty, April 15, 1686 . . 138 Verdict against William Vaughan Confirmed, Nov. 19, 1686 . . 141 Judgment for Costs against Vaughan, Dec. 10, 1686 . . . 142 Samuel Allen’s Agreement, Oct. 14, 1690 ...... 143 Fine, &c., against John and Robert Tufton Mason .... 145 Sale of Mason Possessions to Samuel Allen, April 27, 1691 . . 148 Robert Tufton Mason’s Will, Oct. 21, 1692 ..... 153 Robert Tufton Mason’s Commission as Attorney-General, May 28, 1695 155 Fine and Recovery in the Couuty of Kent ..... 155 Statement of Henry Langster, May 10, 1699 ..... 157 Letter, Bellomont to Lords of Trade, June 22, 1700 . . . 158 Complaint against James Menzies, Feb., 1700-1 .... 158 Permission to Withdraw Papers in Horn vs. Dow, Aug. 13, 1700 . 158 Mortgage of New Hampshire, Allen to Usher, Oct. 14, 1701 . . 159 Governor’s Speech and Answer, Feb. 10, 1703-4 .... 162 Deposition of Robert Pike, May 29, 1704 ...... 163 Meeting of Committee on Allen’s Claim, June 4, 1704 . . . 164 Convention to Consider Allen’s Claim, May 3, 1705 . . . 164 Deed, Allen to Hobby, Aug. 28, 1706 ...... 167 Case, Allen vs. Waldron, Aug. 12, 1707 ...... 172 Address of the House to Queen Anne, 1707-8 ..... 172 Address of the Governor, Council, and House to the Queen, Dec. 6, 1709 172 Record of Birth of John Tufton Mason, 1713 ..... 172 Mason Genealogy .......... 172 Letter, Oliver Noyes and Elisha Cooke to Lt.-Gov. Vaughan, Jan. 30, 1715 173 Extract from Lt.-Gov. Vaughan’s Speech, 1716 .... 173 Council and Assembly Records, Jan. 11, 1716-17 .... 173 xii TABLE OF CONTENTS. Council and Assembly Records, Jan. 12, 1716-17 .... 174 Council Records, Jan. 17, 1716-17 ....... 174 Council and Assembly Records, Jan. 17, 1716-17 .... 174 Council and Assembly Records, May 15, 1717 ..... 174 House Journal, Oct. 12, 1717 ........ 175 Council and Assembly Records, May 7, 1718 ..... 175 Memorial of John Hobby, Nov. 22, 1726 ...... 175 Council and Assembly Record, Nov. 23, 1726 ..... 176 House Journal, Nov. 24, 1726 ........ 176 Council and Assembly Records, Nov. 24, 1726 ..... 177 House Journal, Nov. 29, 1726 ........ 177 Council and Assembly Records, Nov. 30, 1726 ..... 177 Memorial of John Tufton Mason, June, 1738 ..... 177 Opinions of John Read and Robert Auchmuty, June 16, 1738 . . 178 Deposition of Mary Manfield, June 27, 1738 ..... 181 Depositions of Martha Trefethen and Deborah Jones, June 27, 1738 182 Certificate and Depositions, 1738 ....... 183 Certificate and Depositions, 1738 ....... 187 Mason’s Quitclaim Deed to Massachusetts, July 1, 1738 . . . 189 Josiah Willard to Francis Wilks, July 24, 1738 .... 193 Tripartite Agreement, April 6, 1739 ....... 193 Massachusetts Committee to Interview John Tufton Mason, June 29, 1739 197 Council and Assembly Records, Oct. 30, 1744 ..... 197 House Journal, Dec. 19, 1744 ........ 197 Memorial of John Tufton Mason, Feb. 18, 1745 .... 198 Council and Assembly Records, Feb. 22, 1745-6 .... 199 House Journal, May 7, 1746 ........ 199 Lease, Mason to Wibird and Solly, May 16, 1746 .... 200 Indenture for Docking the Entail, May 17, 1746 .... 202 Recovery by John Wentworth, 1746 ....... 205 House Journal, July 29, 1746 ........ 212 House Journal, July 30, 1746 ........ 213 Council and Assembly Records, July 30, 1746 ..... 213 Deed, Mason to Proprietors, July 30, 1746 ..... 213 Proprietors’ Quitclaim to Towns, July 31, 1746 .... 216 House Journal, July 31, 1746 ........ 218 Council aud Assembly Records, July 31, 1746 ..... 218 House Journal, Aug. 1, 1746 ........ 219 House Journal, Aug. 1, 1746 ;....... 219 TABLE OF CONTENTS. Xlll House Journal, Aug. 2, 1746 ........ 219 House Journal, Sept. 19, 1746 ........ 220 Report of House Committee, Aug. 12, 1746 ..... 220 Answer of Proprietors to Committee, Sept. 4, 1746 .... 221 Council and Assembly Records, Sept. 6, 1746 ..... 224 House Journal, 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 Blanchard, 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, 3 749-50 . . . 277 Report 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 .... 302 Letter, Atkinson to Tkomlinson, May 13, 1763 .... 304 Letter, Atkinson to Thomlinson, 1763 ...... 305 Deed, McHard to Proprietors, Aug. 13, 1766 ..... 305 John Quigley’s Certificate, Sept. 17, 1767 ..... 306 James Ricliey’s Request ......... 306 Deposition of Jonathan Farwell and John Kendall, Oct. 13, 1767 . 307 Instructions to Robert Fletcher, June 1, 1769 ..... 308 House Journal, March 21, 1771 ....... 309 House Journal, March 22, 1771 ....... 309 Letter from John Quigley, March 26, 1771 ..... 309 Minutes of Meeting, May 1, 1771 ....... 310 Report from John Shepard, Jr., Aug. 24, 1773 .... 310 Proxy, Peirce to Atkinson, Sept. 30, 1773 ..... 311 Directions for Surveyor ......... 312 Jonas Minot to George Jaffrey, May 3, 1780 ..... 313 Defence against Allen Title, April 12, 1785 ..... 313 Rough Drafts of Warning to Allen Heirs ...... 320 History of the Title, and Caution ....... 327 Request of Elijah Frink, Aug., 1785 ...... 334 Protest against the Curve Line, Sept. 1, 1785 ..... 334 Petition of Towns in Hillsborough County, May, 1786 . . . 335 Petition of Inhabitants, June, 1786 ....... 335 Petition from the Heirs of Allen, June 12, 1786 .... 335 Report of Committee on Unimproved Lands, Jan. 19, 1787 . . 335 Act for Ascertaining Waste Lands, Jan. 16, 1787 .... 335 Act to Quiet Land Purchasers, June 28, 1787 ..... 336 Protest of Masonian Proprietors ....... 338 List of George Jaffrey’s Lots, March 21, 1788 ..... 338 Terms of Compromise with the State, June 2, 1788 .... 340 Act for Sale of Lands to the Proprietors, June 17, 1788 . . . 654 Deed, State to the Proprietors, June 18, 1788 ..... 340 Act for Levying Taxes, June 18, 1788 ...... 655 Report of Proprietors’ Committee, Sept. 5, 1788 .... 342 George Jaffrey’s Bond, Feb. 20, 1789 ...... 343 Deed, Allen Heirs to Proprietors, Jan. 28, 1790 .... 345 Draft of Memorial of George Jaffrey, Jan. 3, 1791 .... 351 Petition of Mary Tufton Mason, Dec. 7, 1791 ..... 361 John Peirce’s Statement, Aug. 30, 1792 ...... 361 Vote of the House, Dec. 15, 1792 ....... 363 George Jaffrey to William Plumer, June 5, 1794 .... 363 TABLE OF CONTENTS. XV Oliver Peabody to George Jaffrey, July 12, 1794 .... 372 Deed, Woodbury Langdon to the Proprietors, Aug. 15, 1795 . . 372 N. Dane to George Jaffrey, Feb. 5, 1798 ...... 373 Jeremiah Smith to George Jaffrey, April 29, 1800 .... 374 Act for Holding Meetings in Portsmouth, June 10, 1803 . . . 374 Deposition of Ebenezer Towle, Oct. 6, 1803 ..... 376 Depositions of Jeremiah Bacon and Samuel Gunnison, Oct. 6, 1803 378 Deposition of Joseph Blanchard, April 7, 1804 .... 381 Deposition of John Stearns, April 13, 1804 ..... 384 Joseph Blanchard to John Peirce, April 15, 1804 .... 375 Jotham Bindge’s Journal ......... 385 Records of the Meetings of the Proprietors ..... 401 Appendix. Mason’s Offer to the King, 1681-2 ....... 647 Surrender of Revenues to the King, April 1, 1682 .... 648 Answer of Elias Stileman to Mason’s Claim, Nov. 15, 1682 . . 649 Answer to Mason’s Claim ......... 651 Act for Sale of Lands to the Proprietors, June 17, 1788 . . . 654 Act for Levying Taxes, June 18, 1788 ...... 655 Index ............ 659 \ . PART I The several patents and other instruments 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, 3 , 1620 . ] [Mason ian Papers, Yol. 1, p. 1.] James by the Grace of Gocl of England Scotland France & Ire- land defender of the Faith & c To all to whom these presents shall Come Greeting Whereas upon 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 InlargnP of Christian Relig- ion to the 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 Traffique into those Territories ; Granted unto S r Thomas Gates, S r Geo: Summers Knights, Thomas Haman Raleiyl Gilbert Esq rs & other their asociats for y e more speedy Accomplish- m t thereof, by Our Letters Pattents being dated y e 10 th day of April in the fourth year of our Reign of England france & Ireland & of Scotland the Fortieth, free Liberty to devide themselves into two several Collonies y e one called y e first Collony to be undertaken & advanced by Certain Knights Gentlemen & Merch ts in & about our City of London ; the other called the second Collony to be under- taken & advanced by Certain Knights Gentlemen & Merch ts & 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 (i Adventures & planters of the s' 1 first Collony we have been gra- ciously pleased to make them one distinct & In tire Body 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* 9 & 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 r fferdenando Gorges Knight Cap fc of our ffort & Island by Plymouth & by Certain the principle Knighs & Gentlemen Adventurers of the s d second Collony & by diverse other persons of Quallyty, who now Intend to be their Associats diverse of w ch have been at great & Extraordinary Charge & sustained Many Losses in seeking & discovering a plase fitt & Convenient to Lay the foundation of a hopefull plantation, & have diverse years past by Gods Assistance & ther own Endeavours, taken actual pos- sesion of the Contenen 4 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 Roy all 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 4 and satisfaction therein, and that they may Avoyde 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 Collonv, & their Successors one several distinct & intire bodv, & to grant unto them such Estate Liberties, priviledges, Enlargm ts & 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 tfc have for these Many years past Frequented these Coasts & Territo- ries, between the Degrees of forty and forty Eight y 4 there is no other y e Subject of any Christian King or state by any 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 4 means accrue belong or appertain unto y m or any of y m & also for y 4 we have been further given Certainly to know y 4 w th in these late years there hath by Gods visitation reign’d a wounderfull pleague together w th Many Terrible slaughters & Murders committed amongst y e savage & brutish people there heretofore Inhabiting in a manner to y e utter devastation distinction & depopulation of y 4 whole Terri- tory, so y fc there is not left for many Leagus together in a manner any y 4 do claim or Challenge any kind of Intrest therein nor an } 7 other Sup r Lord or sovereign, to make Claim there unto whereby we in our Judgm 4 are pers waded & satisfied y 4 y e appointed times come in w ch Almighty God in his Great goodness & bounty towards us & our MASONIAN PAPERS GENERAL. 5 people hath Thought fit & determined y t 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 have & hereafter shall be by his mercy & favo r & by his powerfull Arm be directed & 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 tie for his Gracious favour, in Lying open and revealing y e same unto us before any other Christian prince or State by w ch means without offence & as we trust to his Glory we may w th boldness go on to the settleing of so hopefull a work which Tendeth to y e reduceing & Conversion of such Savages as remain wandering in disolation & distress to Civil Soceity & Chris- tian Religion, to y e Inlargm 1 of our own Dominions & y e advancnfi of y e fortune of such of our good subjects as shall willingly Intrest them selves in the s d Employnfi to whom we Cannot but give singuler Commendations for their so worthy Intentions and Interprise, we therefore of our Especial grace meer motion &■ Certain Knowledge by y e advise of y e 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 l all Circuit Contenent presincts & Lymmits in america lying & being in the breadth from forty degrees of Northerly Latitude from the Equanoctial L} 7 ne, to forty Eight degrees of y e s d Northerly Latitude, & in Length by all the Breadth afores d 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 e same shall from hence forth be nomi- nated term’d & called by y e Name of New England in America & by y l name of New England in America the s' 1 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 Pollitick & Corporate w ch shall have perpetual Sue- 6 CHARTER RECORDS. cesion which shall Consist of the Number of forty persons & no 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 & Con- firm’d and by these presents 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 A rr undell & 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 hampton and our right trusty & right well beloved Cozen William Earl of Salsburv & Rob tfc 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 Cinque ports and our Trusty and well beloved Edmond Lord Shieffeild Edw d Lord Gorges and our well beloved S r Edw (l Se} T more Kn fc and Barron 1 S r Rob tfc Mansfeild S r Edw d Zouch our Knight Marshal S r Dudley Diggs S r Thomas Row S r Fardenando Georges, S r Francis Popham S r Jn° Brooks S r Thomas gates S r Rich d Haukings S r Rich d Edgcom s r Allen Apsly S r Warwick Hales S r Rich d Catchway S r Jn° Boucher S r Na- than 1 Rich S r Edw: Giles s r Giles Mompasson, S r Tho: Worth KiP & our well beloved Mathew Sutcliffe dean of Exeter Rob 1 heath Esq r recorder of our Citty of London Henry Bourcher Jn° Drake Ranleigh Gilbert Geo: Chidly Tho: Hammon & John Argal Esq rs 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 l 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 d Number of forty ^sons when & as often as any of the mor any of their successors shall happen to decease, or to be remov’d from be- ing of the s d 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 d persons & their successors & such as shall be Elected & Chosen to succeed them as afores d shall be & by these presents are & be Incorporated Named & called by the name of the Council Established at Plymouth in the County of Devon for the planting ruling & Governing of New Eng- MASONIAN PAPERS GENERAL. 7 land in America and them the s d Duke of Lenox Marquis Bucking- ham, Marquis Hambleton Earl of Penbrook Earl of Arundel Earl of Bath Earl Southampton Earl of Salsbury Earl of Warwick Viscount Haddington Lord Zouch Lord sheffeld Lord Georges S 1 Edw d sey- more s r Rob fc Mansfeild S r Edw: Zouch S r Dudly Diggs s r Tho: Row S r fferdenando Gorges S r Francis Popham S r Jn° Brooks s r Tko h Gates S r Rich d Haukings S r Rich d Egcom S r Allen Apsly S 1 ' Warwick Heale S r Rich d Catchway s r Jn° Boutchei S r Nathn 1 Rich: s 1 Edw: Giies S r Giles Mompesson s r Tho: Worth Kn ts Math Sutclife Robert Heath Henry Bourcher Jn° Drak Ranleigh Gilbert Geo: Chidly Tho: Haman & Jn° Argal Esq rs & their Successors one body Corporate and pollitique in Deed & in Name by the Name of the Council Establish’d at Plym 0 in y e 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 t by y e same name of the s d Council they & their successors forever hereafter be incorporated Named & Called & shall by the same Name have p r petual Succession And further We do hereby for us our heirs & successors grant unto the said Council Es- tablish’d at Plym 0 that they & their Successors by the same Name be & shall be & shall Continue ^jJsons, able & Capable in the Law from time to time & shall by that Name of Council afores d 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 r viledges, Immunities, 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 Mannors, 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 d Incorporation & plantation Concerning & belonging; and fur- ther our will & pleasure is, y fc the s d 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 l the said forty persons or the Greater Number of them, shall & may from time to time, and at all times hereafter, at their own will & 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- tion’d, 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 be President of y e 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 person as by the orders of y e 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 d Council shall happen to Decease or to be removed from being of the 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 t shall be Assembled at a publiek Court or meeting to be held for the 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 be 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 ChancelE or Councell r To us our heirs & successors for the s d Company & Col- lony in New England, & further we will & Grant by these presents, for us our heirs & successors unto the s d 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 publiek of their Gov- ern rs & Ministers in New England afores d whereby the said Incorpo- ration May or shall 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 & Traffique unto within & in New England aforesaid & to every part or parcel thereof or to have possess or In joy 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 presents & under such Conditions reservations & agreem ts 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 presents 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 rs offi- cers & Ministers w ch hereafter shall be by them thought fit & needfull to be made or used as well to attend the buisness of the s d Company here as for the Governm 1 of the S d Collony & plantations, and also to make ordain & Establish all manner of orders Laws Directions In- structions formes & Cerimonies of Governm 1 & Magistrycv fit & Nes- sessary for & Concerning the Governm 1 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 e said Col- lony as they in their good discressions shall think to be fi test 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 principle Govern 1-8 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 18 in our Countys within our realm of England 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 th Great Pain & peril We for us our heirs & successors are Likewise pleased & Contented and by these presents do give & Grant unto the s ' 1 Council & tber successors & to such Govern rs Officers & Minister as shall be by the s d Council Constituted & apointed according to the Nature & Lvmmits of tlier offices & places respectively, that they shall & may from time to time forever hereafter, w th 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 d According to such Laws Orders & Ordainances directions & Instructions as by the s d Councel afores d shall be Establish’d in defect thereof, in Case of Necessity according to the good discressions of the said Govern 1 & officers respectively as well in Cases of Capital & Criminal as Civil boath Marrine and others for always as that y e s d statutes ordinances & proceedings as near as Conveniently may be agreeable to the Laws Statutes Govern^ & pollicy of this our realm of England, & further more if any person or persons, adventurers or planters of The s d Collony or any other at any time or times here after shall transport any money, Goods or M r chndize 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 d 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 purpose there to sell & dispose thereof that then all the Goods & Chatties of y e s d person So offend- ing & Transported togeather, with the ship or Vessell wherin such Transportation was made shall be forfeited to 11s 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 absolute^ 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 d Lands, Grounds, Tenem ts presincts, place, places, & Territories, viz 1 that afores d 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 Breadth aforesaid throughout 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 d Tract of Land up the main & also within the said Islands & seas adjcyning Provided always that the s d Islands 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 d Continent, Lands, Terri- tories, Islands, heriditam ts & presincts sea, water, fishing, with all & all manner their Commodities, Royalties, Liberties, prehemenences, & profits that shall arise from thence with all & singuler ther appur- tenances & every part & parcel thereof, & of them to, & unto y e s d Councel & their successors & assigns forever, to the sole only & pro- per use benefit & behoof of them the s d 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, yeilding & 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 th 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 give & grant unto the s d Councel & their successors forever by these pres- ents y l 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 our allegiance shall wil- lingly accompany them in the s d Voyage & plantation with shiping 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. ing to & from without paying or yeilding any Custom or Subsidy either Inwards or outwards to us our heirs & Successors for y e same for the 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 4 of our special Grace & 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 England or into any other our Dominions by the S d Councel & their successors their Deputies factors & assigns or any of them Except only the five pounds ^ ce u 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 d 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 4 y e s d 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 & 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 by 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 v e proportion of the adventurers as to the Especial s r 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 r & other officers or ministers, as by the said Council shall be appointed to have power & authority of Governm 4 & Command in or over the said Collonies & plantations, y 4 they & every of them shall & Lawfully may from time to time & at MASONIAN PAPEES GENEEAL. 13 all times, hereafter forever, for their several Defence safely incounter Expulse 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 d 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 distinction, Invasions detteriment or an- noyance to the said Collony, & plantation & that it shall be Lawfull 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 d 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 d 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 appertaining 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 t none of y m di- rictly or indirectly Presume to vissit frequent Trade or adventure to Traffique into or from the said Territories Lands rivers & places afores ' 1 or any of them other then the s d Council and their successors, Factors, deputies and assigns unless it be with the Lycence & Con- sent of the s d Council & Company first had & obtained in writing under their Common Seal upon pain of our Indignation and Impris- onm 1 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 d 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, wears & Merchandize whatsoever, which shall be brought from or Carryed to the places before mentioned or any of 14 CHARTER RECORDS. them Contrary to our will & pleasure before in these presents Ex- pressed, the Moyatie or one half of all which forfeiture we do hereby for us our heirs & Successors give & grant unto the said Councel & their Successors to their own proper use without Accom 1 & 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 & Successors ac- cording to the Lymitation & Appointm* aforesaid by reason of any Goods wears or M r chandizes to be shipped out, or any return to, be made of any Goods wears or M r chandize unto or from New England or any of the Lands or Territories aforesaid that then so often & in such Case the Farmers, Customers & officers of our Customes of England & Ireland & every of them for the time being upon request made unto them by the s d Councel their Successors Factors or assigns & 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 payiffi of the one half of all such Customs & subsidies as shall be due & payable unto us our heirs & successors for the same for which these our Letters pattents or the duplicate or the InrolenT thereof shall be unto our s d officers a sufficient warrant & discharge Never- theless our will & pleasure is, that if any of the said Goods, wears, or M r chandizes which be or shall be at any time hereafter Landed & exported out of any of our realms afores d & shall be sniped with a purpose not to be Carryed to New England afores d that then such payiffi duty, Custom, Imposition, or forfeiture shall be paid, & belong to us our heirs & successors, for the s d Goods wears & M r chandizes so Fraudently sough to be Transported as if our Grant had not been Made nor Granted, & we do for us our heirs & successors give & grant unto the said Councel & 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 d Councel for the said Collony of New England for the time being shall & may at all times hereafter from time to time have full power & authority to minister & MASONIAN PAPERS GENERAL. 15 give the Oath and Oaths of Allegiance & supremacy or either of them to all & every person or persons w ch shall at any time or times here- after go or pass to the said Collony in New England, and further that it shall be likewise Lawfull for y e s d president or his deputy for the time being or two others of the said Councel for the s d Collony in New England for the time being from time to time & at all times hereafter, to Minister such a formall 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 d plantation for their honest faith- full and Just Discharge of their Service in all Such Manner as shall be Committed unto them ; for tlie good & benefit of the said Com- pany Collony & plantation, as also unto such other person & persons as the s d president or his deputy with two others of y e 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 1 from the s d Councel or Contract & agree with the s d Councel to go & to serve & be Imployed in the s d 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 d plantation of the the s d Collony in New England, upon the charge of y e s d 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 d Collony or for some discovery or other Buisness & affairs Concerning y e same do from thence Treacherously, either come back again, or return into y e realm of England, by stealth or without Lycence of the Govern r of y e s d Collony in New England for y e time being & be sent Thither as Misdoers or offenders & that none of those persons after they return from thence being questioned by y e s d Coun- cel here for such their Misbehav r & offences do by Insolent and Con- temptious Carriages in y e presence of y e said Councel shew litle respect & reverence either to the place or Authority in w ch we have placed & appointed y in & others for y e Clearing of their Lewd- ness Committed in New England, devulge, Vile & slanderous reports of the Country of New England or of y e Goverm 1 or state of the said plantation & Collony to bring the said voyages & plantations into disgrace & Contemp 1 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 CHARTER RECORDS. Subjects, otherwise well affected & Inclined to Joyn & adventure in so noble a Christian & worthy an Action May be discouraged from the same but also the enterprize itself may be Overthrown, w ch can- not Miscarry without some dishonour to us & our Kingdoms : We therefore for preventing so great an Enormious Abusses, & Misde- meanors do by these present for us our heirs & successors Give & grant unto the said president or his Deputy or such other person or persons as by order of the s d Councel shall be appointed 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 any time or times hereafter to ffend, or Misbehave themselves in any of the affairs before Mentioned & express’d, & upon the examination of any such offender or offenders & Just proof made by oath taken before y e s d Councel of any such Notorious Misdemean rs by y m to be committed as afores d & also upon any Insolent contemptuous or Irreverend carriage or misbehave rs to or against y e s d Councel to be shewed or used by any such person or persons, so called, convinced & appearing before them as afores d , y l in all such cases our said councel or any two or more of them, for y e time being shall & may Have full power & authority either to bind them over w th good sureties for then- good behaviour & further therein to proceed to all Intents & purposes as it is used in Other like Cases within our realm of England or else at their discresions to remand & send back the said offenders or anv %> of them to the said Collony of New England & their to be proceeded against & punish’d as the Govern r deputy or Councel there for the time being shall think Meet or otherwise according to such Laws & ordainances as are & shall be in use there for the well ordering & good Goverm 1 of said Collony & our will & pleasure is and we do hereby declare to all Christian Kings, princes & states y l if any person or persons w ch shall hereafter be of the said Collony or plantation or any other by Lycence or appointm 1 of the said Councel or their success- sors, or otherwise shall at any time or times hereafter robb or spoyel by sea or by 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 1- or State being then in League amity with us our heir & successors, & that upon such In- jury or upon Just Complaint of such prince ruler Govern 1- or state or their subjects we our heirs or Successor shall make Open proclama- tion within an} 7 of the ports 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- laimation make full restitution or satisfaction of all such Injury’s done so as the said princes or others So Complaining may hold themselves MASONIAN PAPERS GENERAL. IT fully satisfved & Contented & if that the said person or persons, hav- ing committed such Robberry or spoyle shall not make or Cause to be made satisfaction accordingly, within such time as to be Limmitted that then it shall be Lawfull, 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 Li mm its thereof, shall have and Enjoy all Liberties and Franchizes and Immunities of free dennizens & Natural 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 president of the said Councel to tender, and Exhibit the said Oath to all such per- sons who shall at any [time] be sent or Imployed in the said V oyages, 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 ch 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 ts of such Imperfections and defects, as shall appear fit and necessary to the said Councel and their Successors to be Reformed amended in behalf of us our heirs and Successors and for the furthering of the plantation and Goverment or the Increase, continuing & fiurishing 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 England to the said Councel & their Successors such further & better assurance of all & singuler the Lands, Grounds, Royalties, p r viledges &: 2 18 CHARTER RECORDS. p r mises aforesaid, Granted or Intended to be granted according to our true intent & Meaning in these our Letters pattents signified & de- clared or mentioned as by the Learned Councel of us our heirs & suc- cessors and of all the s d 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 & singuler admirals vice admirals Generals Command” & Cap ts , 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 1 of all or any of the matters & things by us in & by these our Letters Pattents given granted & provided, or by us meant or Intended, to be given, granted & provided, as they our s d officers & the officers of us our heirs & Successors to tender our pleasure, & will avoide the Contrary at their pen-ills, and also we do by these presents ratify & Confirm unto the said Councel & their successors, all priviledges Franchises Liberties & Immunities, granted in our s d 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 e Eighteenth year of our reign — ^ Bre de privato Sigillo — Pro: Newhamp 1 Vera Copia from the sup r Courts Record Com- pared 6 th June 1704 — ^ Theo : Atkinson Cle r — Pro: Newhamp r Vera Copia Compared y e 9 th July 1706 Theo: Atkinson Cle r — Pro: Newhamp 1 Vera Copia Compared with what on file in y e Inf r Court of Common pleas, y e 15 th April: 1707 — ^ Cur m Henry Penny Cl r — Copy as in file in the Office of the Clerk of the Superiour Court of Judicature — Examin’d October 3 d 1760 — ^ Geo: Jaffrey Cler — March 20 th 1793 Copy examined by Nath 1 Adams Clerk MASONIAN PAPERS GENERAL. 19 [Grant of Mariana , March 9 , 1621-2^\ [Archives of England, Colonial Entry Book, Yol. 59, p. 93.] A Grant of Cape Anne in New England from the President & Couneill of New England to John Mason Esq r This Indenture made y e Ninth day of March in y e 19 th yeare of the Reigne of Our Sovereigne Lord James by y e Grace of God King of England, Scotland, ffrance & Ireland, Defender of the ffaith. Be- tweene y e President & Councell of New England of the one parte and John Mason Gent, and inhabitant of the Citty of London of y e other parte. Witnesseth that whereas Our Said Soveraigne Lord King James for y e makeing a Plantac’on & Establishing a Colony or Col- onyes 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 d day of No- vemb r given granted & confirmed unto the R l Hon ble Lodwick Lord Duke of Lenox, George Marquies of Buckingham, James Lord Mar- quiss Hamilton, Thomas Earle of Arundell Robert Earle of Warwick S r Ferdinando Georges Knight & divers others whose names are expressed in the Said Letters Tattents their Successo rs and Assignes that they Shall be one body politicque and Corporate perpetuall, and that they should have perpetuall Succession, and One Common Seale or Seales to Serve for y e Said Body, and that they & their Successo rs shalbee knowne called and incorporated by the Name of the President and Couneill Established at Plymouth in the County of Dev’on for y e 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 & Couneill & their Successo rs 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 th the Seas & Islands lying w th in One hundred Miles of any parte of the said Coast of the Country aforesaid. And alsoe all y e Lands 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* 8 whatsoever togeather w th all the prerogatives Jurisdic’ons Royal tyes priviledges, franchises and preheminences w th in any of y e said Terri- toryes and y e precincts thereof whatsoever To have hold possess & enjo}^ all & Sing'ler y e said Lands & premises in y e said Letters Pa- 20 CHARTER RECORDS. tents Granted or menc’oned to be granted unto them the Said Presi- dent & Councill their Successo rs and Assignes. To be holden of his Ma tie his Heirs and Successo rs as of his Highness Mannor of East Greenwich in y e County of Kent in free & Com’on Soccage and not in Capite or by Knights Service Yelding & paying to y e Kings Ma ty his heires and Successo rs 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 e 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 tb in the precincts of the aforesaid granted premises by his Ma ts said Letters Patents, Now this Indenture further witnesseth that y e said President and Councell of their full free and Mutuall consent as well to y e end that all the Lands woods, waters, Islands & fishings w th 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 e advancem 1 of y e 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 e said John Mason his heirs and assignes, All that part of the Sea Coast of New England being a great headland or Cape & lying in y e Nortliermost parts of the Massachusetts Coun- try & to y e Northeastwards of the Great River of the Massachusetts Stretching it Self out into y e Sea Eastwards five Leagues or there- abouts and lying betwixt y e Lat. of 42 & 43 Degr. or thereabouts; & eom’only called or knowne by the Names of Cape Frabigzand or Cape Anne w th 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 ch 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 e Sea & to y e utter- most part of y e Said headland or Cape & round about the Same to y e Northwards and from thence along the Sea Coast to the Next Great River w ch runns up into the Maine Land Westwards & Supposed to be called Merimack or bv what other Name or Names the said River is or «/ MASONIAN PAPERS GENERAL. 21 may be called & lying to the North westwards of the said Cape & to the farthest head of the Said river from w cb period to Crossover land to y e head of the other Great River w cb lyes Southwards of y e aforesaid Cape where the perambulac’on began & lialfe way over that is to Say to v e Midst of either of y e Said two Rivers w ch bounds or limits the aforesaid lands both on y e North & South thereof togeather w th the Great Isle or Island henceforth to be called Isle Mason lying Neere, or before the Bay Harbor or y e river of Aggawom togeather alsoe w th all the Seas Isles or Islands adjoyning to any part of y e precincts of the Lands aforesaid or lying w th in 3 Miles of any parte of y e same, as alsoe all y e Lands Soyle Grounds havens Ports Rivers Mines Mineralls pearls & pretious Stones woods Quarreys Marshes Waters Lakes fish- ings hunting hawking ffowling Com’odityes & hereditam ts whatso- ever w th all & Sing'ler their appurtenances togeather w th all preroga- tives rights royaltyes jurisdictions priviledges francheses p r lieminences libertyes Marine power as alsoe y e Escheats and casualtyes thereof, w th all y e State right title interest claime & demand whatsoever w ch the Said president & Councill & their Successo rs of right ought to have or claime in or to the Said porc’ons of land & other y e 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 e Said Letters Patents the Same are amongst other things granted to y e Said president & Councill aforesaid Except two ffifths of the Oare of Gold & Silver these presents hereafter expressed w ch Said Porc’ons of Lands w th the appurten’ces the s (l Jhohn Mason with the consent of the Presi- dent and Councill intendeth to Name Mariana. To have and to hold all y e Said porc’ons of land w th y e Great Island henceforth to be called Isle Mason & all other Islands adjacent & w th in three Miles thereof and all & Singuler other y e 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 th all &Sing’ler y e appurten'ces & every part & parcell there- of unto y e Said John Mason his heyres & Assignes for ever, To be holden of his Said Ma tie his heyres & Successo rs as of his Highness Man’o r of East Greenwich in the County of Kent in ffree and common Soccage & not in Capite or by Kn ts Service Nevertheless w th 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 rs the one fifth part of all y e Oare of Gold and Silver that from time to time & at all times hereafter shall bee there gotten had and obteyned for all Ser- vices Dutyes and Demands, And also yelding & paying unto the Said 22 CHARTER RECORDS. President and Councell & their Successo rs 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 rs doe Covenant & Grant to & w th y e Said John Mason his heires and assignes from and after then Sealing & delivery of these p r nts accord- ing to the purporte true intent & meaning of these p r 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 th all other the Islands & premises w th 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 trouble 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 rs or by or under their State right Title or interest, And the said President & Councell for them & their Suc- cesso rs doe Covenant & Grant to & w tb the Said John Mason his heires and assignes by these P r nts, that they the Said President & Councell Shall at all times hereafter upon reasonable request at y e only proper 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 e 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 party es to these Pres- ents, And the said John Mason for him his heyres Executo rs & Admin- ist rs doth Covenant to & with the said President & Councill & their Successors by these Presents that if at any time hereafter there shall be found any Oare of Gold or Silver w th in the Grounds or in any part of the said premises that then he the s d John Mason his heyres & Assignes shall yeeld & pay unto y e said President & Councell their success 155 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 Governnff in y e 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 e said John Mason liis 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 any fforreigne Nation with- out the Speciall Lycence consent and agreem* of the Said Presi- dent & Councell their Successo rs & Assignes that then the parte or parts of the said lands soe aliened shall imediatly returne back again e to the use 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 r or other Offic r to the President & Councill to be their true & Lawfull Attorney & in their name & stead to enter the s d por- c’ons of Lands & other premises w th 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 e Name of the whole Soe had & taken then for them & in their Names to deliver the full & peaceable possession & 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 e premises by these p r sents. In wittnesse whereof to one parte of these present Indentures remaining w th y e said John Mason the said President & Councell have put their Com’on Seale & to y e other part thereof remaining w th y e said p r sident & Councell he the said John Mason have put his hand & Seale, Given the Day & Yeare first above Written. [Grant of Maine , Aug. 10 , 1622.'] [Archives of England, Colonial Entry Book, Vol. 59, p. 101.] A Grant of the Province of Maine to S r fferdinando Gorges, and John Mason Esq r 10 th of August 1622. This Indenture made the 10 th day of August Anno Dom : 1622, & in the 20 th yeare of the Reigne of Gur Sovereigne Lord James by the Grace of God King of England, Scotland, France & Ireland, Deffender of the ffaith &c a Betweene the President & Councell of New England on y e one part, and S r fferdinando Gorges of London knight and Captaine John Mason of London Esquire on y® other part Wittnessetli that whereas Our Said Sovereigne Lord King James for 24 CHARTER RECORDS. the makeing a Plantac’on & Establishing a Colony or Colonyes in y e Country called or knowne by y e Name of New England in America hath by his highness Letters Patten ts Under the Great Seale of England bearing date at Westm r the 3 d day of Novemb r in the 18 th Yeare of his Reigne given granted and confirmed Unto the Right Honourable Lodowick Duke of Lenox George Marquiss of Bucking- ham James Marquis Hamilton, Thomas Earle of Arundell Robert Earle of Warwick S r Ferdinando Gorges kn 1 and diverse others whose Names are expressed in y e said Letters Patents their Succes- sors and assignes that they Shalbe One Body Politique and Corpor- ate perpetual! and that they Should have perpetuall Succession & One Coni’on Seale 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 Mo Yon for him his hey res and Successo rs given granted & confirmed unto the Said President & Councill & their Suc- cessor under the reservac’ons, limitac’ons, & declarac’ons in the said Letters Patents expressed, All that .part or porc’on of that Country now com’only called New England w ch is Scituate lying & being between the Latitude of 40, & 48 Degrees Northerly Latitude to- geather w th the Seas and Islands lying w th in one hundred Miles of any part of the Said Coasts of the Country aforesaid and also all y e Lands Soyle, Grounds, havens, Ports, Rivers Mines as well Royall Mines of Gold & Silver as other Mines Mineralls pearls & pretious Stones Woods, quaryes, Marshes, Waters flashings hunting, hawking fowling com’odities & hereditaments whatsoever togeather w th all prerogatives Jurisdictions Royaltyes Priviledges ffranchises & pre- heminences within any of the said Territoryes & precincts thereof whatsoever, To have hold possess & enjoy all & Singuler the said lands & premises in the said Letters Pattent granted or menc’oned to bee Granted unto y e said President & Councill their Success rs and Assignes for Ever to be holden of his Ma ty his heires & Success rs as of his highness Man’o r of East Greenwich in the County of Kent in free & common Soccage & not in Capite or by kn ts service Yeelding & paying to the Kings Ma tie his heyres & Success 1-55 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 Obteyned 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 MAS ONI AN PAPERS GENERAL. 25 the better furnishing & furtherance of the Flantac’on in those parts to apropriate & allott to Severall & particuler persons diverse par- cells of Lands within the precincts of y e afores d granted phnisses by his Ma ts Said Letters Pattents. Now this Indenture witnesseth thaty 6 s d Presdent & Councill of their full free & Mutuall consent as well to the end that all the Lands, woods, lakes, rivers, waters, Islands, & flashings w th all other the Traficques proflits & Com’- odityes whatsoever to them or any of them belonging & here- after in these presents menc’oned may be wholly & intirely invested appropriated Severed & Settled in & upon y e Said S r Ferdi- nando Gorges & Cap* John Mason their heyres & assignes for Ever as for diverse Speciall Services for the adVancem* of the S d Planta- c’ons & other good & Sufficient causes & considerac’ons them especially thereunto moveing have given granted bargained Sould assigned aliened Sett over Enfeoffed & confirmed And by these pres- ents doe give grant bargaine Sell assigne alien Sett over & continue unto y e S d S r fferdinando Gorges & Cap* John Mason their heyres & Assignes All that part of y e Maine land in New England lying upon y e Sea Coast betwixt y e rivers of Merimack & Sagadahock A to y e furthest heads of y e said Rivers & Soe forwards up into the land westward untill threescore Miles be finished from y e first entrance of the aforesaid rivers & half way over that is to Say to the midst of the said two Rivers w ch bounds & limitts the lands aforesaid togeather w* h all Islands & Isletts w* h in five leagues Distance of y e premisses & abutting upon y e 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 fowling and other Com’odityes & hereditam ts what- soever w th all & Singuler their apurtenences togeather w th all prerog- atives rights royal tyes Jurisdictions Priviledges ffanchises libertyes preheminces Marine power in & upon y e Said Seas & rivers as alsoe all escheats and casualtyes thereof as flotson Jetson lagon w* b anchor- age and other Such Dutyes immunityes Sects Isletts & apurtences whatsoever w th all y e estate right Title interest claime & demands whatsoever w ch y e Said President & Councell & their Successo rs of right ought to have or claime in or to y e Said porc’ons of lands Rivers & other y e premises as is aforesaid by reason or force of his highnes Said Letters Patents in as free large ample & beneficial 1 man’er to all intents constructions & purposes whatsoever as in & by the Said Letters Patents y e Same are among other things granted to y e said President & Councell afores d Except two fifths of v e Oare of Gold & Silver in These p’nts hereafter Expressed w ch Said por- c’ons of lands w 11 ' y e appurten'ces the said S r fferdinando Gorges & 26 CHARTER RECORDS. Cap 1 John Mason w tb the consent of y e President & Councell intend to name v e Province of Maine — To have & to hould all the said Por- e’ons of land Islands rivers & premises as aforesaid & all and Sing’ler other y e Com’odytyes & hereditam ts hereby given granted aliened enfeoffed & confirmed or menc’oned or intended by these pr’sents to be given granted aliened enfeoffed & confirmed w th all & Singular y e appurten’ces & every part & parcell thereof unto y e Said S r Ferdi- nando Gorges and Cap 1 John Mason their heyres & assignes for Ever. To be holden of his Said Ma tie his heyres & Successo rs as of his High- nes Man’o r of East Greenwich in y e County of Kent in free & Common Soccage & not in Capite or by Kn ts Service Nevertheless w th Such exceptions reservac’ons limitac’ons & declarac’ons as in y e said letters Pattents are at large expressed Yeelding & paying unto Our Soveraigne Lord the King his heyres & Successo rs the fifth part of all y e 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 rs yearly the Sum’ of Tenn Shillings English money if it be demanded. And the Said President & Coun- cill for them & their Success rs doe Covenant & grant to & w tb the Said S r Ferdinando Gorges & Captain John Mason their heires & Assignes from & after the ensealeing & delivery of these p r sents according to y e purport true intent & Meaning of these p r nts that they shall from henceforth from time to time for ever peaceably & quietly have hold possess & enjoye all y e aforesaid Lands, Islands, rivers & premises w th y e appurtenences hereby before given & granted or menc’oned or intended to be hereby given and granted & every part & parcell thereof w th out any left disturbance dei^all trouble inter- upc’on or Evicc’on of or by y e Said President & Councill or any person or persons whatsoever claiming by from or under them or their Successo rs or by or under their Estate right Title or Interest, And y e said President & Councill for them & their Successors doe further Covenant & Grant to & w th y e said S r Ferdinando Gorges & Cap 1 John Mason their heyres & assignes by these presents that they y e said President & Councell Shall at all times hereafter upon reason- able request at y e only proper Cost & charges in the Law of v e Said S r fferdinando Gorges & Cap 1 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 e Good & perfect investing assuring & conveying & Sure making of all the aforesaid porc’ons of Lands Islands rivers & all & Singuler their appurten’ces to y e Said S r Ferdinando Gorges & Cap 1 John Mason their heyres & Assignes as by them their heyres MASONIAN PAPEES GENEEAL. 27 & Assignes or by his their or any of their Councill learned in y e Law shall bee devised advised or required, And further it is agreed by and between the Said partyes to these presents & y e Said S r Ferdinando Gorges & Captaine John Mason for them their lieyres Executors Administrators & Assignes doe covenant to & w th y e Said President & Councill and their Successo rs by these presents that if at any time hereafter there shall be found any Oare of Gold & Silver within y e Ground in any part of the Said premises that then they v e said S r Ferdinando Gorges & Cap 1 John Mason their h eyres and Assignes shall yeeld & pay unto y e said President & Councill their Successo™ and Assignes One fifth part of all such gold & Silver Oare as shall be found w th in & upon y e 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 e finding get- ting & Digging up of Such Oare as aforesaid w th out fraud or covin and according to y e true intent and meaning of These Presents. And y e S d S r Ferdinando Gorges & Cap 1 John Mason doe further covenant for them their heyres & Assignes that they will Establish Such Gov- ernm 13 in y e S d Porc’ons of lands and Islands granted unto them & y e same will from time to time continue as shall be agreeable as nere as may be to y e Laws & Customes of y e 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 e Directions of the President & Councill or in Defaulte thereof it shall be Lawfull for any of y e agreived inhabtants or Planters being tenn ts upon y e Said Lands to appeale to y e Cheif Courts of Justices of y e President & Councill And y e said S r Ferdinando Gorges & Cap 1 John Mason doe covenant & grant to & w th y e said President & Councill their Success 18 & assignes by these presents that they y e said S r Ferdinando Gorges & Cap 1 John Mason shall & will before y e expirac’on of three yeares to be accompted from y e day of y e Date hereof have in or upon the said porc’ons of lands or some p fc thereof One fforte w th a competent guard & ten famillyes at y e least of his Ma ts Subjects resident & being in & upon y e same premises or in default thereof shall & will forfeite & loo?e to the said President & Councill the sum’ of One hundred pounds Sterling money and further that if y e said S r Ferdinando Gorges & Cap 1 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 ffor- raigne Nation without y e speciall licence consent and agreement of y e said President & Councill their Successo rs and Assignes that then y e part or parts of the said lands soe aliened Shall immediately returne back againe to y e use of y® said President & Councell. And 28 CHARTER RECORDS. further know yee that y e said President & Councill have made consti- tuted deputed authorized & appointed and in their place & stead doe put Cap 1 Rob 1 Gorges or in his absence to any other person that shall be their Governo r or other officer to be their true & lawfull attorney & in their Name & Stead to enter the said porc’ons of Lands & other the premises w th their appurten’ces or into Some part thereof in y e Name of y e whole for them & in their Name to have & take posses- sion and Seizin thereof or some part thereof in y e Name of y e whole Soe had & taken there for them & in their Names to deliver the full & peaceable possession and Seizin of all & Singuler the said granted Premises unto y e said S r Ferdinando Gorges and Cap* John Mason or to their certaine attorney or Attorneys in that behalf according to y e true intent & meaning of these presents, ratifying confirming and allowing all & whatsoever their said Attorney Shall Doe in or about y e premises by these presents. In Witnesse whereof to one parte of these presente Indentures remaining in the hands of S r 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 r Ferdinando Gorges & Cap* John Mason have put to their hands & Seales. Given y e day & yeare first above written. Wheelwright deed, May 17, 1629, State Papers, Yol. 1, pp. 56 — 60. [ 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 th of Novem r 1629./ This Indenture made y e Seaventh day of Novemb r Anno Dom’y 1629 & in y e ffith yeare of y e Reigne of our Soveraigne Lord Charles by y e Grace of God King of England Scotland France & Ireland Defender of the ffaith &c Between y e President & Councell of new England on the one partie & Cap* John Mason of London Esq r on y e other partie Wittnessetli y* whereas our late Soveraigne Lord of ffaim- ous Memory King James for y e makeing a Plantation & establishing of a Colony or Colonyes in the Countrey called or Knowen by y e name of New England in America did by his highness letters patents under y e great Seale of England bearing date att Westminster y® MASONIAN PAPERS GENERAL. 29 third day of Novemb 1 ’ in y e Eighteenth yeare of his Reigne give grant & confirme unto y e Right hon ble Lodowick Duke of Lenox George marquis of Buckingham James marquis of Hamilton Thomas Earle of Arundell Robert Earle of Warwick S r Ferdinando Gorges Kn* & divers others whose names are expressed in y e said letters patents their heyres & assignes. That they shall be one bodye poli- ticque & corporate perpetuall & y t they should have perpetuall Suc- cession & one com’on seale or Seales to serve for v e Said bodye & that they & their Successo rs Shalbe known called & incorporated by y e name of president & Councell established at Plymoth for y e planting ruling & Governing of New England in America and also did of his especiall Grace certaine knowledge and meer motion for him his heyres & Successors give grant & confirme unto y e said President & Councell & their Successors under y e reservac’ons limitac’ons & dec- larac’ons in y e s d letters patents expressed. All y l part & porc’on of y 1 Countrey now commonly called New England w ch is scittuate lying & being between y e latitude of fforty degrees & ffourty Eight of Northerly latitude together w th y e Seas & Islands lying w th in one hundred miles of any part of y e s d Coaste of y e Countrey afores d & also all y e lands Soyle grounds havens ports rivers mines as well Royall mignes of Gold & Silver as other mines mineralls pearls & pretious Stones woods quarryes marshes waters ffishings hunting hawking fowling commodityes & hereditaments whatsoever together w th all perogatives Jurisdicc’ons Royaltys pliviledges franchises & preheminences within any of y® s d Territoryes & y e precincts thereof whatsoever To have hold possess & Injoye all & singular y e said lands & premisses in y e said letters patents granted or menc’oned to be granted unto them y e s d President & Councill their Successors & Assignes for ever to be holden of his Ma tie his heirs & Successors as of his Highness Man’or of East Greenwich in y e County of Kent in free & com’on Succage & not in Capite or by Knights Service yeeld- ing & paying to y e Kings Ma tie his heirs & Successors y® one ffifth part of all gold & silver oare y t from time to time & at all times frome y e date of y e 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 e said President & Councell have upon mature deliberac'on thought fitt for y e better furnishing & furtherance of y e plantac’on in those parts to appropriate & allott to severall & particular persons divers parcells of lands w th in y e precints of y e afores d granted premises by his Ma ties s d letters patents Now this Indenture wittnesseth y* y e s d President & Councill of their full free & mutuall consent as well to y e end y* all 30 CHARTER RECORDS. y e lands woods lakes rivers waiters Islands & fishings w th all other y e traficques profitts & Comodit3 T es whoever to them or any of them belonging & heerafter in these p’nts menc’oned may be wlioly & intirely invested appropriated severed & setled in & upon y e s d Cap k John Mason his heyres & Assignes for ever or for diverse spec- iall services for y e advancem 1 of y e s d plantac’ons & other good & Sufficient causes & considerac’ons them especially thereunto moveing Have given granted bargained sould assigned Aliened sett over enfe- offed & confirmed And by these p’nts doe give grant bargaine sell assigne alien sett over enfeoffe and cod fir me unto y e s d Cap 1 John Mason his heyres and assignes All y fc part of y e Maine land in New England lying upon y e sea Coaste begining from y e Middle part of Merrimack River & from thence to proceed Northwards along y e Sea coaste to passcattaway river & soe forwards up w th in y e s d river to y e furthest head therof & from thence Northwestwards untill Three- score miles be finished from y e ffirst entrance of passcattaway river & also from Merrimacke through y e s d River & to v e furthest head thereof & soe forward up into y e land Westwards untill Threescore miles be finished and from thence to cross over land to y e Threescore miles end accounted from passcattaway river together w th all Islands & Isletts w th in five leagues distance of y e premises & abutting upon y e same or any parte or parcel thereof as also all y e lands soyle grounds havens ports rivers mines Mineralls pearles pretious stones woods quarreys marshes waters fishings hunting hawking fowling & other commodityes & hereditam ts whoever w th all & singular their appurteifices together w th all prerogatives rights royalty es Jurisdic- c’ons priviledges franchises libirties preheminences marine power in & upon y e s d Seas & rivers as allso all escheats & casualty es therof as flotson Jetson lagon w th anchorage & other such dutyes im’unityes sects isletts & appurten’ces w fc soever w th all y e estate right title interest claime & demand w l soever w ch y e s d president & Coun- cell & their Successors of Right ought to have or Claime in or to y e s' 1 por’cons of lands rivers & other y e premises as is afores d by reason or force of his high’ss s d letters patents in as free large ample & ben- eficiall man’er to all intents construcc’ons & purposes whoever as in & by y e s d Letters pattents y e same are amongst other things granted to y e s d president & Councell afores d except two fifths of y e Oare of gold & Silver in these p’nts heer after expressed w th s d portions of land w th y e appurten’ces y e s d Cap 1 John Mason w th y e consent of y e president & Councill intends to name New Hampshire To have & to hold all y e s d porc’ons of land Islands rivers & premises and all and sin- gular other y e comodityes & hereditam ts hereby given granted aliened enfeoffed & confirmed or menc’oned or intended by these p’nts to be MASONIAN PAPERS GENERAL. 31 given granted aliened enfeoffed & confirmed w 4h all & singuler y e appurten’ces & every part & parcell thereof unto y e s d Cap 4 John Mason his lieyres & assignes for ever To be liolden of his s d Ma tie his heires & Successors as of his Highness Man ’or of East Greenwich in y e County of Kent in free & Com’on Soccage & not in Capite or by Kn ts service nevertheless w 4h such exceptions reservac’ons limitac’ons & declarac’ons as in y e s d Letters pattents are att large expressed yeelding & paying unto our Soveraigne Lord the King his heires & Successors v e fifth part of all y e oare of gold & silver y 4 from time to time & att all times heerafter shalbe there gotten had & obteyned for all services dutves & demands & also yeelding & paying unto y e s d president & Council! & their Successors yearly y e Sum’e of five shillings English mony if it be demanded. And y e s d president & Councill for them & their Successors doe covenant & grant to & w 4h y e s d Cap 1 John Mason his heyres & assignes from & after then sealing & delivery of these p’nts according to y e purporte 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 d lands Islands rivers & premises w 4b y e appurtences lieerby before given & granted or menconed or intended to be heerby given & granted & every paid & parcell tlierof w 4h out any lett disturbance denyall trouble interrupc’on or Evicc’on of or by y e s d president and Councill or any person or persons whoever claiming by form or under them & their Successors or by or under their estate right title or interest And y e s d president and Councill for them & their Succes- sors doe further covenant & grant to & with y e s d Cap 4 John Mason his heires & assignes by these p’nts. That they y e s d president & Councill shall at all times hereafter upon reasonable request at y e only proper cost and charges in y e Law of y e s d Cap 4 John Mason his heires & assigness doe make performe suffer execute & willingly con- sent unto any farther act or acts conveyance or conveyances assur- ance or assurances whoever for v 4 good & perfect investing assureing conveying & sure making of all y e afores d porc’ons of lands Islands Rivers & all & singular their appurten'ces to y e s d Cap 4 John Mason his heires & Assigness as by him his heires & assigness or by his their or any of their Counceill learned in v e law shalbe devised advised or required And further it is agreed by & between y e s d partyes to these p re nts. And y e s d Cap 4 John Mason for him his heires & assignes doth covenant to & wth y e s d president & Councill & their Successors by these p re8 nts That if at any time hereafter there shall be found any oare of Gold & Silver w th in y e ground in any part of y e s (1 prem- ises That he then y e said Cap 4 John Mason his heires & assigness shall yeald & pay unto y e s d president & Councell their Successors and CHARTER RECORDS. 09 OZi Assigness one fifth part of all such Gold & Silver oare as shalbe found in & upon y 0 s d premises & digged & brought above ground to be delivered above ground & y* always w th in reasonable & convenient time if it be demanded after y e finding digging getting up of such oare as afores d w^out fraud or conin & according to y e true intent & meaning of these p re nts And v e s d Cap 1 John Mason doth further cov- enant for him his heires & assigness that he will establish such gov- ern in 1 in y e s d porc’ons of lands & Islands granted unto him & y e same will from time to time continue as shall be agreable as near as may be to y e laws & costoms of y e Realme of England & if he shall be charged at any time to have neglected his duty therein y* then he will reforme y e same according to y e direction of y e president & Councill or in Default thereof it shalbe lawfull for any of y e aggreived inhabitants or planters being tennants upon y e said lands to appeale to y e cheif Courts of Justice of y e s d president & Councill And further that if y e s d Cap 1 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 th out y e speciall licence consent & agreenfi of y e s d president & Councill. their Successors or assigness That then y e part or parts of y e s d lands soe aliened shall immediatly returne back again to y e use of y e s d president & Councill And further knowe yee y* y e s d presi- dent & Councill have made constituted deputed authorized & appointed & in their place & stead doe put Cap 1 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 e s d porc’ons of lands & other y e premises w* their ap’ur- tences or into some part thereof in y e name of y e whole for them & in their name to have & take possission & seizin thereof or some pt thereof in y e name of y e whole soe had & taken Then for them & in their nams to deliver v e full & peaceable possession & seizin of all & singular y e s d granted premises unto y e said Cap* John Mason or to his Certaine Attorny or Attornies in y r behalf according to y e true intent & meaning of these p re uts ratifying confirming & allowing all & what soever y e s d Attorney shall doe in or about y e premises of these p’nts in wittness whereof to one part of these present Inden- tures remaining in y e hands of Cap* John Mason y e s d president & Councill have caused their common Seale to be affixed & to y e other part of these p’nts Indentures remaining in y e costody of y e s d pres- ident & Councill y e s d John Mason hath putt to his hand & Seal Given y e day & yeare first above written/. MASONIAN PAPERS GENERAL. 33 [ Grant of Laconia , Nov. 17, 1629.'] [Archives of England, Colonial Entry Book, Yol. 59, p. 115.] The Grant of the Province of Laconia to S r fferdinando Gorges and Cap 1 Jn° Mason — 17 th Nov r 1629. Tms Indenture made y e seaventeenth day of Novemb r Ano Dom’i : 1629 & in y e fifth yeare of y e Reigne of our Soveraigne Lord Charles by y e grace of God King of England Scotland ffrance & Ireland Defender of the ffath &c Between y e President & Councell of New England in y e one partie & S r fferdinando Gorges of London Kn fc & Cap 1 John Mason of London Esq r on y e other partie Witt’esseth y l whereas our late Soveraigne Lord of ffamous memory King James for y e making a plantac’on and establishing of a Colony or Colonys in y e Country call’d or knowen by y e name of New England in Amer- icka did by his Highness letters pattents under v c great Seal of Eng- land bearing date at Westminster y e third day of Novemb 1 ’ in y e Eighteenth yeare of his raigne give grant & confirme into y e right hon ble Lodowick Duke of Lenox George Marques of Buckingham James Lord Marques of Hamilton Thomas Earle of Arundel Robert Earle of Warwick S r Ferdinando Gorges Kn* & divers others whose names are expressed in y e s d letters pattents their heires & assigness y t they Shalbe one body politicque & corporate perpetuall & y l they should have perpetuall succession & one com’on Seal or scales to serve for y e s d body & that they & their Successors shalbe knowne called & incorporated by y e name of y e President & Councill estab- lished at Plymouth for y e 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 c s d President & Councill & their Successors under y e reservac’ons limitac’ons & declarac’ons in y e s d Letters Pattents expressed All y‘ part & porc’on of y fc Countrey now com’only Called New England w ch is Scittuate lying & being between y e latitude of Fourty degrees & fourty eight of Notherly latitude together w th v e Seas & Islands lying w th in one hundred Miles of any part of y e s d coast of the Country afores d And alsoe all y e lands soyle grounds havens ports rivers mines as well Royall mines of Gold & Silver & other mines meneralls pearles & pretious Stones woods Quarrys marshes watters fishings hunting hawking fowling coinmodytes and hereditam ts whoever together w th all prerogatives Jurisdic'ons royal- tyes priviledgs franchises & preheminences w th in any of y e s d terri- toryes & precincts thereof whatsoever To have hold possess & enjoye 3 34 CHARTER RECORDS. all & singular y e s d lands & premises in y e s d letters patents granted or menc’oned to be granted unto them y e s d President & Councill their Successors & assignes for ever To be holden of his Ma ty his heires & Successors as of his Highness man’or of East Greenwich in y e County of Kent in free & Com’on Soccage & not in Capite or by Kn ts service Yeelding & paying to his K gs Ma ty his heirs & Succes- sors y e one fifth part of all Gold & Silver oare that from time to time & att all times from y e date of y e s d letters patents shalbe there gotten had or obtained for all services dutyes or demands as in and by his highness said letters patten ts amongst divers other things therein contained more full & at large it doth & may appear And wheras y e s d president & Councill have upon mature deliberac’on thought fitt for y e better furnishing and furtherance of y e plantac’on in those parts to appropriate & allot to Sev r all & particular persons divers parcels of lands w th in y e precincts of y e afores d granted premises by his Ma ty s d Letters Patten ts Now this Indenture wittnesseth y* y e s d president & Councill of their full free & mutuall consent as well to y e end y* all y e lands woodes lakes louchs rivers watters Islands & fishings with all other y e traficques proffitts & comodityes whatso- ever to them or any of them belonging & heerafter in these p’nts menc’oned may be wholy & intirely invested appropriated severed & setteled in & upon y e s d S r fferdinando Gorgs & Cap* John Mason their heires & assignes for ever as for divers Speciall services for y e advancem* of y e s d plantac'on & other good & Sufficient causes & Considerac’ons them especially thereunto moveing have given granted bargained soulcl assigned aliened sett over enfeoffed & confirmed & by these p’nts doe give grant bargine sell assigne alien sett ovr enfoffe & continue unto v e s d S r Ferdinando Gorges & Cap* John Mason their heirs & assignes & to their Associates & such as they shall alow of & take in to adventure & joyne w th them in their plantac’ons traficques & discoveryes in y e parts heerafter expressed & their Heires & assignes according to contracts w th them to be made All those lands & Countrys lying adjacent or bordering upon y e great lake or lakes or rivers commonly called or knowen by y e name of y e river & lake or rivers & lakes of y e Irroquois a Nation or Nations of salvage people inhabiting up into y e landwards betwixt y e lines of west & Northwest conceived to passe or lead upwards from y e rivers of Sagadahock & Merrimack in y e Country of New England afores d Together also w th y e lakes & rivers of y e Irroquois & other Nations adjoyning v e midle pai*t of w ch lakes is scittuate & lying neer about y e latitude of fourty four of fourty five degrees reckon’d from v e Equinoctial line Northwards as alsoe all y e lands Soyls & grounds w th in tenn Miles of any part of y e said lakes or MASONIAN PAPERS GENERAL. 35 rivers on y e South or East part thereof & from y e West end or Sides of y e s d lakes & rivers soe farre forth to y e West as shall extend half way into y e next great lake to y e Westwards & from thence North- wards unto y e North side of y e maine river w ch run’eth from y e great & vast Westerne lakes & falleth into y e river of Canada including all y e Islands w th in y e percinct or perambulac’on described As alsoe all y e lands sole grounds havens ports rivers mines mineralls pearls & pretious Stones woods Quarrys marshes watters fishings hunting hawking fowling trade & traficque w th y e Salvages & other com’odi- tyes & hereditam ts whoever w th all & singular their appurten’ces together w th all prerogatives rights royalltys Jurisdic’ons priviledges franchises preheminences libertyes Marine power in & upon y e s d rivers & lakes As alsoe all escheats & casual tys therof as flotson Jet- son & lagon w th anchorag’s & other such dutys im’unityes sects isletts & appurtences whoever w th all y e Estate right title interest claime & dem’and whoever w ch y e s d President & Councill & their Successors of right ought to have or claime in or to y e s d porc’ons of lands rivers & lakes & other y e premises as is afores d by reason or force of his Highness s d letters pattents in as free large ample &beneficiall man’er to all intents construcc’ons & purposes whoever as in & by y e s d let- ters patents y e same are amongst other- things granted to y e s d presi- dent & Councill afores d Except two fifths of y e oare of Gold & Silver in these p’nts heerafter expressed w ch s d porc’ons of lands rivers & lakes w th y e appurtences y e s d S r Ferdinando Gorges & Cap* John Mason w th y e consent of y e President & Councill intend to name y e province of Laconia To have & to hold all y e s d porc’ons of land & all y e lakes & Islands therein contained as afores d & all & singular other y e 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 th all & singular y e ap’urtences and every part & parcell thereof unto y e s d S r fferdinando Gorges & Cap 1 John Masson their heires & assignes & their associates contracts w th them for ever To be holden of his s d Ma tie his heires & Successors as of his Highness Man’our of East Green Wich in y e County of Kent in free & com'on soccage & not in Capite or by Knights service Nev- erthelesse w th such exceptions reservac’ons limitac’ons & declarac’ons as in y e s d letters pattents are at large expressed Yeelding & paying unto our Soveraigne Lord y e King his heires & successors y e fifth part of all y e Oare of Gold & Silver y l from time to time & att all times heerafter shalbe there gotten had & obtained for all service dutyes & demands And alsoe Yeelding & paying unto y e S d President & Councill and their Successors yearly v e Sum’e of tenn pounds of lawfull monv of England at one entire paym 1 w th in tenn dayes afer 36 CHARTER RECORDS. y e feast of S 4 Michael y e Archangel yearly And y e s d president & Oouncill for them and their Successors doe covenant & grant to & w th y e s d S r Ferdinando Gorges & Cap 4 John Mason their heires & assignes & their associates from & after then sealing & delivery of these p r nts according to the purport true intent & meaning of these p r nts y 4 they shall from henceforth from time to time for ever peace- ably & quietly have hold posses & enjoye all y e afores d porc’ons of land lakes & rivers w 4h all y e Islands & premises w 4h y e appurtences heerby before given & granted or menc’oned or intended to be heerby given & granted & every part & parcell thereof w 4h out any lett disturbance denyall trouble interrupcon or evicc’on of or by y e s d 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 e s d president & Councill for them & their Successors doe further covenant & grant to & w 4h y e s d S r Ferdinando Gorges & Cap 4 John Mason their heires & assigness & their associates contractors as afores d by these p r nts That they y e s d president & Councill shall att all times heerafter upon reasonable request at y e only proper coasts & Charges in y e law of y e s d S r Fer- dinando Gorges & Cap 4 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 whoever for y e good & perfict investing assureing con- veying & sure makeing of all y e afores d porc’ons of land lakes Islands & all & Singular their appurtences to y e s d S r Ferdinando Gorges & Cap 4 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 e law shalbe devised advised or required And further it is agreed by & between v e s d Partyes to these p r nts & y e s d S r Ferdinando Gorges & Cap 4 John Mason for them their heires Executors Administrators & assignes & their associates doe covenant to & w th y e S d president & Councill and their Succes- sors by these p r nts y 4 if at any time heeafter there Shall be found any oare of Gold & Silver w 4h in y e ground w th in any part of y e s d premises y 4 then they y e s d S r Ferdinando Gorges & Cap 4 John Mason their heires & assignes & associates shall Yeeld & pay unto y e s d President & Councill their Successors & assignes One fifth part of all such Gold & Silver oarle as shalbe found w 411 in & upon y e premises & digged & brought above ground to be delivered above ground & y 4 alwayes w 4h in reasonable & convenient time if it be demanded after y e finding getting & digging up of such oare as afores d w 4h out fraud or conin & according to y e true intent & meaning of these p r nts And y e s d S r Ferdinando Gorges & Cap 4 John Mason doe further covenant MASONIAN PAPERS GENERAL. 37 for y m their heires & assignes & their associates y 4 they will establish such governm 4 in y e s d porc’ons of land & Islands granted unto y m & y e same will from time to time continue as shalbe agreeable asneer as may to y e laws & custome of y e Realme of England & if they shalbe charged at any time to have Neglected their duty therein y fc then they will reforme y e same according to y e directions of y e Presi- dent & Councill or in default thereof it shall be lawfull for any of y e agreeved inhabitants or planters being tennants upon y e s d lands to appeale to y e Gheife Courts of Justice of y e s d President and Councill And y e s d S r Ferdinando Gorges & Cap 4 John Mason doe covenant & grant to & w th y e s d President & Councill their Successors & assignes by these p r nts y 4 they y e S r Ferdi’ando Gorges & Cap 4 John Mason shall & will before y e expirac’on of three yeares to be acconted from y e day of y e date heerof have in or upon y e s d porc’ons of lands or some part thereof one fforte w 4h a competent guard & tenn ffamillyes at y e least of his Ma 4s subjects resident & being in & upon y e same premises or in default thereof shall & will forfeit & loose to y e s d President & Councill y e Sume of one Hundred pounds sterling money & further y 4 if y e s d S r Fardinando Gorges & Cap 4 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 4h out y e speciall licence consent & aggreem 4 of y e s d President and Councill their Suc- cessors or assignes y 4 then y e part or parts of y e s d lands soe aliened shall immediatly returne back again to y e use of y e s d President & Councill And y e s d President & Councill for them selves & their Suc- cessors doe further covenant & grant to & w 4h y e S d S r fferdinando Gorges & Cap 4 John Mason their heires & assignes & associates & by these p r nts y 4 it shall & may be lawfull at all times heerafter to & for y e s d S r Ferdinando Gorges and Cap 4 John Mason their Heires & assignes & their associates & y e Deputves 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 e s d demised lands lakes & rivers w 4h their Shipps boates barkes or other vessells w 4h their munition & their Cattle and commodityes of w 4 nature soever from by & through any of y e lands rivers harbours creeks or Sea ports upon v e sea Coasts or frontier parts of New England afores d belonging to y e President & Councill afores d w 4h out any lett trouble interrupc’on molestac’on or hindrance of them y e s d president & Councill their Successors or assignes or if any other person or persons claiming under them or by their means or procurem 4 And for y c better accom- odac’on of them y° s d S r Ferdinando Gorges & Cap 4 John Mason their heires assignes & associates in their intended traficques & plan- 38 CHARTER RECORDS. tac’ons above in y e s d lakes of y e Irroquois whither their goods & marchandizes from y e sea ports are to be after landing transported it shalbe lawfull for y m to make choise of & take and possess for y e use of y m y e s d S r Ferdinando Gorges & Cap 1 John Mason their heires assignes & associates and their Deputyes ffactors tennants & planters of their Colonyes in any of y e ports harbours or Creekes in New England lying most com’odious for their passage up into v e s' 1 lakes One thousand acres of land upon y e side or Sides of such harbors ports rivers or Creekes where y e same is not yet dispossed of to any other persons by y e S d president & Councill & y e s d lands by y m shalbe holden possessed & enjoyed as freely & with as ample privi- ledges Jurisdic’ons & comoditves in all respects as any other y e lands above in these p r nts demised & granted unto them & further knowe yee y l y e S d president & Councill have made constituted deputed authorized & appointed & in their place & stead doe put Edw : God- frey or in his absince to any other person y 4 shalbe there Governo r or other Officer to v e president & Councill to be their true & lawfull Attorney & in their name and Stead to enter y e s d porc’on of land & other premises w th there appurtences or into some part thereof in name of y e whole for them & in their names to have & take pos- session & seizin thereof & after such possession & seizin therof or some part thereof in y e name of y e whole soe had & taken then for them & in their names to deliver v e full & peaceable possession & seizin of all & singular y e s d granted premises unto y e s d S r Ferdinando Gorges & Cap 1 John Mason or to their certaine Attorney or Attorneys in y r behalf according to y e true intent & meaning of these p r nts ratifying confirming & allowing all & whoever theire s d Attorney shall doe in or about y e apremises by these p r nts In wittness whereof to one of these p r nt Indentures remaining in y e hands of y e s d S r Ferdinando Gorges & Cap 1 John Mason v e s d president & Councill have caused their com’on Seal to be affixed & to y e other part of these p r nts In- dentures remaning in y e Custody of y e s d President and Councill y e s d S r Ferdinando Gorges & Cap 1 John Mason have putt to their hands & Seales given y e day & Year first above written. Description of Laconia, State Papers, Yol. 1, p. 17. Letter, Thomas Eyre to Ambrose Gibbons, last of May, 1631, State Papers, Yol. 1, p. 61. MAS0N1 AN PAPERS GENERAL. 39 [ Grant of Piscataway Nov. 3 , 16313\ [Archives of England, Colonial Papers, Vol. 6, p. 28.] Grant & Confirmation of Piscataway to s r Firrdinado Gorges & Cap 1 Mason & others : An’o 1631 This Indenture made the 3 d day of NovenT An’o Dni 1631 : and in y e 7 th yeere of y e Reigne of Our Sov r aigne Charles by the Grace of God of England Scotland France and Ireland King Defendor of the ffaith &c Betweene the Presid fc & Council! of New England on y e one ^ty, and S r Ferdinando Gorges Kn 1 Cap fc John Mason of London Esq r and their Associates John Cotton, Henry Gardner, Geo: Griffith, Edwin Guy, Thomas, Wannerton, Thomas Eyre and Eliezer Eyer, on y e other pty Wittnesseth. That whereas our late Soveraigne Lord of famous Memory King James for the makeing of a Plantacon and establishing of a Colonie, or Colonies in y e Countries called or knowne by the name of New England in America Did by his Highnesse’s L’res Patents under the Great Seale of England, bearing date at Westm r y e 3 d day of Nov r 1620, give giant and confirme unto the R fc Hon ble Lodwicke Duke of Lenox, Geo: Marques of Buckingham, James L d Merques of Hamilton — Thomas Earle of Arundale Rob- ert Earle of Warwicke S r Ferdinando Gorges Kn fc and diverse other whose names are expressed in the s d L’res Pat: their Heires and Assignes, that they shalbe one body Politique, and Corporate perpetuall, and that they should have perpetual 1 Succes- sion, and one Common Seale or Seales, to serve for the said Body, And that they and their Successors shalbe knowne, called and incor- porated by y e name of the presid 1 and Councill established at Plym° for the planting ruling and governing of New England in America, and did of his especial 1 Grace, certaine Knowledge, and mere Mocon for him his Heires and Success rs give, giant, and confirme unto the s d Presid fc and Councill and their Success rs under y e Reservac’ons, Limi- tac’ons and Declarac’ons in the s d L’res Pat. expressed, All that part and porcon of f Countrie now commonly called New England w ch is situate, lying, and being betweene y e latitude of 40 gr and 48 of NortlPly latitude, Togeather w th y e Seas, and Islands lying w th in 100 Miles of any port of y e s d Coasts of y e Countrie afores d And also all y e Lands, Soyles, Grounds Havens, Ports, Rivers, Mines as well Roy 11 Mines of Gold and Silver and other Mines Minalls Pearles and pre- cious stones. Woods Quarries Marshes, Waters, flashings, Hunting, Hawking, ffowling. Commodities and IIereditam ts whoever, togeather w th all Prerogatives, Jurisdicc’ons, Royallties, Priviledges ffranchises and Preheminences w th in any of the s d Territories and y c p r cincts 40 CHARTER RECORDS. thereof w'soever. To have hold possesse and enjoy all and singuler the said Lands and p r misses in y e s d L’res pat: granted or menc’oned to be granted unto them y e s d presid 1 and Couneill their Successors and Assign s forever. To be holden of his Ma tie his heires and Successors of his H sse owne Man r of East Greenw ch in the Countie of Kent, in free and Common Soccage and not in Capite or by Knights Service. Yeilding and paying to the Kings Ma tie his Heires and Success 18 the One 5 th p fc of all y e Gold and Silver Oar that from time to time and at all times from y e date of the s d L’res pat. shalbe there gotten had or obteined for all Services duties or Demands as in and by his H se L’res pat: amongst div r s other things therein conteined more fully and at large it doth and may appeare, And whereas the sd Presid 4 and Coun- cill have upon mature deliberacon thought fitt for the better furnish- ing and furtherance of y e Plantacon in these parts to appropriate and allott to sev r all pticular ^sons diverse ^ cells of Land w th in the p r cincts of the afores d granted p r misses by his Ma ts s d L’res pat: Now this Indenture YVittnesseth that the s d Presid 1 and Couneill of their full free and mutuall consent, as well to y e end that all the Lands Woods Lakes, louches, Rivers, Waters ponds Islands and Fishings, w th all other Traffique, 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 v e s d S r fferdinando Georges, Cap 1 John Mason, and their Associates, John Cotton, Henry Gardner, George Griffith, Edwyn Guy, Thomas Wannerton Thom: Eyre, & Eliezer Eyre as by divers speciall Services by them already done for the advancement of the s d 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 many 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 4 And further for y 4 the s d S r 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 ch hath cost them (as we are credibly Informed) 3000 11 and up- wards, which hitherto they are wholly out of purse, upon hope of do- ing good in time to come to y c publique, And also for other good and sufficient Causes and Conssiderac’ons the s d presid* and Couneill es- pecially thereunto moveing, Have given granted bargained sold as- signed, abend, sett over enfeoffed and confirmed and by these p’nts MASONIAN PAPERS GENERAL. 41 Do give grant, bargaine, sell assigne, aliene sett over enfoffe and con- firme unto the s d fferdinando Gorges Cap 4 John Mason John Cotton Henr: Gardner Geo Griffith Edwin Guy Thom: Wannerton, Thom: Eyere and Eliezer Eyre, their Heirs and Assignes for ever All that house and cheife habitacon situate and being at Pascataway al’s Pas- cataquack al’s Pascaquacke in New England aforesaid, wherein Cap 4 Walt: Neale and y e Colony w th him now doth or lately did reside to- geather w th the Gardens and Cornegrounds occupied and planted by the s d Colonie, and the Salt workes allready begun as afores d And also all that porcon of Land lying w th in the precincts hereafter men- c’oned, beginning upon the Seacoast 5 miles to the W 4 ward of or from the s d cheife Habitacon or Plantation now possessed by the s d Cap 4 Walter Neale for y e use of the Adventurers to Liconia ( being in the latitude of 43 degr s or thereabouts in the Harbour of pascata- quack al’s Pascataquack al’s Pascataway, and so forth from y e s d be- ginning Eastw d & North eastw d and so proceeding Northw ds or North Westw ds intoy 6 Harbour and River along the Coasts & Shoares thereof including all the Islands and Isletts lying w 4Wn 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 d Hilton, & from thence, W 4 w ds & South W 4 w ds in y e midle of the River and through the midle of y e 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 e River called Pascassockes to the falls thereof, and from thence by an Imaginary Line to passover, and to the Sea, where the pambulacon begann Togeather w th all y e Lands, Soyle, Ground Wood, Quarries, Mines, ffishing, Hunting Hawking, ffowling, Como- dities and Hereditam ts whatsoever, Togeather also w ,h all pTogatives, Jurisdicc’ons Royallties, privileidges, franchises and prelieminences w th in y e precincts of Land conteined w th in y e limits or bounds afore- se’d. And also the Isles of Shoales, and y e ffishings thereabouts — And all the Seas w th in 15 miles of the foresd Sea Coasts, And also all the Sea Coasts and Land lying on y e East and Northeast side of the Har- boure and River of Pascataway afores d and opposite to the bounds above menc’oned, begining 15 miles to y e S: eastwards of y e Mouth or first entrance and begining of the said Harboure, and so upp to y e falls and into the ponds or Lakes that feed the s d ffalls, by the space of 30 miles including the s d 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 e s d mouth or first entrance from the Sea and Eastwds into y e Sea, w ch s d 3 Miles shalbe allowed for y e breadth of y e s d land last menc’oned both upon y e land and Sea, As also all y e Land Soyle Ground Woodes, Quarries Mines, ffishings 42 CHARTER RECORDS. Hunting Hawking ffowling Commodities and Hereditam ts whatsoever, togeather w th all prerogatives Jurisdicc’ons, Royallties, Privileidges, franchises and p r heminences w th in the p r cincts of Land lasst men- tioned, conteined, To have and to hold all y e s d House and Habitacon porc’ons of Land and all Lakes and Islands therein conteined as aforesaid, and all and singular other y e p r misses hereby given, granted, bargained, sold, aliened, enfeoffed, and confirmed, w th all and singular thappurtences and every part and pcell thereof unto y e s d S 1 fferdi- nando Gorges, Cap fc John Mason John Cotton Henry Gardner Geo Griffith Edwyn Guy, Thomas Wannerton, Thomas Evre and Elyezer Ever to y e only use & behoofe of them y e s d fferd: Gorges &c their Heires and Ass:’ for ever. Yeilding and paying unto our Sover 11 L d v e King his Heires and Successors 4 fall y e Oore of Gold and Silver that from time to time and at all tymes hereafter slialbe there gotten, had & obteined for all Services, duties and demands, and also yeilding & paying unto the s d presid* Councill and their Successe rs every yeere yeerely for ever 40 s sterl g at y e ffeast of S l Mich: tharchangell if it shalbe lawfully demanded, at the Assurance House on the West side of the Roy 11 Exchange in London. And the s d presd 1 & Councill for them & their Success rs do Covenant and Grant to and w th y e s d S r fferdin: Gorges Cap 1 John Mason and their said Associates John Cot- ton Henr: Gardner Geo Griffith Edwyn Guy Thom: Wannerton, Thom: Eyer and Eliezer Eyre their Heires & Assignes by these p’nts, that from their sealing and delivery hereof according to y e purport, true intent and meaning of these p’nts the s d S r Ferdinan: Gorges, Cap 1 John Mason and their s d Associates John Cotton Henry Gard- ner, Geo. Griffith, Edwin Guy, Thom. Wannerton Thom. Eyer and Eliezer Eyre, their Heires and Assignes shall from tyme to t 3 T me for ever peacably and queetly have hold possesse and enjoy all thaforesd House and Cheife Habitacon porc’ons of Lands w tb all y e Islands and p r misses w th 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 th out any Lett, disturbance, denyall trouble interrupc’on or evicc’on of or b} r y e s d 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 d presid 1 and Councill for them and their Successors do further Covenant and grant to and w th y e s d S r fferd: Gorges Cap 1 John Ma- son, and their Associates John Cotton, Henry Gardner Geo. Griffith Edwyn Guy, Tho: Wannerton, Thom: Eyre and Eliezer Eyre their Heires and Ass’ by these p’nts That they the s d presid 1 and Councill shall at all time & times hereafter upon reasonable request, at the only proper Cost and Charges in the Law of the s d S r ferdin: Gorges, MASONIAN PAPERS GENERAL. 43 Cap 4 John Mason, and their s d Associates John Cotton, Henry Gard- ner, Geo: Griffith Edwin Gay Tho: Wannerton Tho: Eyre, and Elie- zer Eyre their Heires 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 d Houses and Habitacon s , porc’ons of Land, Islands and all and singular other the p r misses w th thappurten’ces to the s d S r fferd: Gorges Cap 4 John Mason, and their s d Associates John Cotton Henry Gardner George Griffith Edwyn Guy Thomas Wannerton Tho. Eyere and Eliezer Eyre, 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 d presid 4 and Councill have made, constituted deputed, authorized ap- pointed, and in their place and steed do putt Cap 4 Thom: Camock Henry Joselin, or in their absence to any other pson that shalbe their Governour, or other Officer, to the pres dt and Councill, to be their lawfull Attorny and in their name & Steed to enter into the s d House and Habitation porc’ons of Land and other y e pbnisses above given and granted w 4h their ap^ten’ces, or into some pt thereof, in the name of the whole for them 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 d Granted pbnisses unto y e s d S r Ferdinando Gorges Cap 4 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 pbnisses 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 Seale and to one part thereof the s d S' Ferdin: Gorges, Cap 4 John Mason, John Cotton, Henry Gardiner, Geo: Griffith Edwin Guy, Tho: Wannerton, Thom: Eyre, and Eliezer Eyre have sett their hands and Seale the day and yeere first above written. Note of patent to Gorges and Mason, Nov. 4, 1631, State Papers, Yol. 17, p. 484. 44 CHARTER RECORDS. [ Invoice of Goods , Nov. 17 , 1631.~\ [Council Book 1, p. 1.] London the 17 th of November 1631./. Invoice of Sundrie comodities Shipped in good Condition aboard the Pide Cowe m r William Stephenson bound for the harbour of Pas- cattaway in new England being for the Accompte of the Right Wor 1 ' S r fferdinando Gorges knight: Captaine John Mason Esquire m r John Cotton George Griffith Henrie Gardiner and Compa Marchants Con- signed to John Raimond Purser of the Said Shippe viz./. 7 Hogsheads of Beefe weighing 31° 3 qr ) 9Q 09 11 at 18 s 6 d ^ centumme — \ 8 fferkins of Butter at 19 s 6 d ^ — 07 16 00 • 5° 2 qr 29 u of suffs Cheese, packed up in a \ -^ 9 Chest at 2 d ^ ^ pound is — j 22 bushells, 3 peckes of Oatemeale at 4 s ) AC A£ > no 8* * bushel? is- I 05 06 02 32 Gallons & 3 quartes of sweet oyle at ) 19 in 4 s .. 08 d ^ gallon is — j The Chyrurgians Bill is — 04 06 00 4 hogds: of Meale q* 4 quarters at 5 s AO AA AA fbushell- 08 00 00 2 Douzen of howes at 2 s y e pee — 02 08 00 The Ironmongers Bill — 04 10 00 4 fflock Beads & bolsters at 18 s — 03 12 00 1 Rugge at — 00 15 00 3 Pigges of Leade & 56° of shott — 02 07 10 4 quarters of Mault w th the Caske — 06 00 00 Lines for Codde — 06 02 00 fhsh hookes 02 00 00 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 r sailes ffor shal- j lops at 25 s ^ peice — | | 005 00 00 1 quoile of Cordage — 001 16 00 2 Bendes of Lether — 001 16 00 8 Comes cost w th there Cubbes — 001 04 00 MASONIAN PAPERS GENERAL. 45 Compasses @ — 000 18 06 Georgius Agricolae — 000 12 00 Spices & mustard seed — 000 18 03 Summa is as appeareth — 109 00 01 Charges here — 010 19 11 More 25 11 ^ centum ff°or disbursing \ non nn no the monie & bearing y e advent: — j !• UoU uu uu Summe totall is — 150 00 00 These thinges you are to deliver to the Governour Cap 6 Walter Neale, he giveing you good beaver ff°or them at 6 s ^ pound if Cap 6 Neale needeth them not or cannot pay you for them, then you maye disposse of them otherwise ffor Beaver as occasion offereth./. rec d 3 bar 4 bar Oatmeale cont 22 bush: 3 pecks at fferd. Gorge John Mason John Cotton Henry Gardiner Edwin Guye Geo: Griffith Tho: Wannerton Tho. Eyre Willia’* Gyles More there is in the ff°att where the Kettles are 2 Rolles of Vir- ginia tobacko w ch I rate at 12 d ^ pound I pray put them off in the best manner you can And put the returnes amounge y e Adventur rs ./. vou rs Tho. Eyre Carpenters Tooles, clinch nayles etr for the Pinace we reckon not [Endorsed] Invoice of comodities 17 th November 1631 to Jn° Raiman Purser of ye pide Co we to sell for present paye — N° 9 Other invoices and accounts, State Papers, Vol. I, pp. 66-102. [. Invoice of G-oods , April i<5, 1632.~\ [Council Book 1, p. 5.] London the 18 th of Aprill 1632./. M r George Vaughan Oure trade com'odities now shipped aboard the shippe John are as followeth./. 46 CHARTER RECORDS. n a d 158| yerds of Playnes atl8 d ^ yard — 11 17 09 65^ Goads of Cottons at 2 d ^ goade — 06 11 00 59£ yoades at 16 d ^ yoade — 03 18 08 59i yoades at 2 s l d ^ yoade — 06 03 11 90^ y rds of shagge at 18 d ^ y rd — 06 15 09 61 at 222 d ^ yoade — 04 15 09 3 Greye ffrizes at 50 s ^ ps — 07 10 00 55 Blanketts at 12 s ^ ps — 33 00 00 4 courser at 10 s ^ ps — 02 00 00 1 peice of fflanell yards 172 at 12 d ^y rd 00 17 06 In all to send us by yo r Cosin Kinge 83 10 04 1 piece of Bayes 64 yrds at 15 d yard 04 00 00 87 10 04 These comodities were as you know all but the 3 ffrizes, 1 Cotton & the piece of fffannell by your Taylor made into Coates and stockings viz./. 50 mens Coats 24 Childrens Coates 51 wascoates 3 Caskots & hose & 7 dozen & 7 paire of stockings The Dyeing & Dressing Cost 07 10 00 Threeds, Tape, Buttons, lace — 02 11 06 To the taylor for making — 08 01 00 20 paire of sheetes cost — 10 01 07 packing, canvas, Cartage, Custome house 01 15 07 Summa 117 10 00 The Cora’odities I mentioned in the last folio are packed as you know in 9 Bales m r ked all w th a P. viz./. N° 1 20 Blanketts 2 20 Blankets 3 19 Blankets 4 1 Cotton qts. 82£ v rds 3 ffrizes q ts 20i, 21, 22, y rds 20 paire of sheetes./. 5 16 mens Coates 6 16 mens coates MASONIAN PAPERS GENERAL. 47 7 16 mens coates 8 24 Childrens Coates & 48 wascoates. /. In your owne Trunke 3 mens Coates. 8 wascoates 3 suites Cassocks & hose & 1 peice of fflannell red./. soe the whole number of coates for men w th .1. of o r owne y 4 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 th there of o rs 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 l you can in dispeeding hither o r returnes. And then if you thinke good to come unto us for another supplie we 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 r George Vaughans remembrance or y e Companyes Invoice of trade goods 1632 N° 10 [. Letter to Ambrose Gibbons , Dec. 5 , 1632 .] [Council Book 1, p. 9.] London the 5 th December 1632 — M r Ambrose Gibbins: / Your Sundrie 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 111 dealing in his fishing voiage as alsoe by the small retournes sent heither ^ Captaine Neale, M r Herbert, or any of their factors as that they have noe Desire to proceed any further untill Captaine 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 n Neale M r Godfrie and you shall thincke fit-t 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 r Godfrie and written unto m r Wanerton to take care of our house at strawberry bancke our desire is that M r Godfrie, m r wannerton, and you, shold Joyne 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 n Neale they determyne some further good towards you for yo r further Incouridgment — Wee desire to have our fishermen Increased whereof wee have writ- ten unto M r 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 retourne 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 r 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 r wife to the Protection of the Almightye Yo r Loveing ffreinds Jhon Mason Henry Gardiner Geo: Griffith Tho: Wannerton Tho: Eyre for my Children [Endorsed] -The Comp a of Laconia to m r Ambros Gibbens London 5 th December 1632 Rec d y e 30 th 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 PAPERS GENERAL. 49 [Letter from Ambrose Gibbons , June 1633 .] [Council Book 1, p. 16.] After my Umble duty remembred Unto your worship I pray for your health and sperits these are Certifiing your worship for goodes I have Received from you I have delivered Unto John Raymon 76 1 and 4 ownces of beaver 10 otters 6 musquashes and on martin more that Cap t neale had 358 1 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 present departing and the intermix of all the trade goodes in my care Until m r Vaghan Com I Can give you any satisfaction for the acount of trade I did advise m r Raymon to Returne with all speede Unto youre letters I Received the 7 th of June at larg I wil write god will by the next thus taking my leave I Comit your worship to Almigty god from Newichwanicke this 24 of June 1633 your worshipes at Comand Ambros Gibbins M r 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 Newichwannock , July , 16333\ [Council Book 1, p. 17.] An Estimate of the Trade goodes left at Newichiwanicke July 1633. Usd 17 lined Cootes 17 — 0—0 07 Unlined at 15 s ^ peese 05—05—0 11 Ruges 11 — 00 — 0 5 papoose Cootes 02—10—0 2 wastcootes 00—08—0 16 mouse Cootes 16—00—0 3 Cootes lined 03—00—0 14 mouse Cootes at 15 s ^ peese 10—10—0 30 gallands of aquavity 07—10—0 4 50 CHARTER RECORDS. 6 pare of ould sheetes 03— 0—0 on Ruge 01— 0—0 77 — 03 — 0 14 wastcootes at 4 s ^ peese 02—16—0 89 mens Cootes 39—00—0 6 barnstable soyled Ruges 06—00—0 26 Ivotten blankits 05—00—0 19 pare of stokins at I s 6 d ^ peese 01—08—6 71 pare of stokins at I s 4 d ^ pa 04—13—8 32 shirtes oulde and nue at 4 s ^ peese 06—08—0 51 pare of shooes at 2 s 6 d ^ pare 06—07—0 24 pare Coorse Kotten stokins 01—04—0 4 kettles 03—00—0 27 hatchits at 2 s ^ peese 02—18—6 14 pare of Kotten shooes 01—00—0 79—15—0 77—03—0 156—18—8 [ Covenant between Walter Neal and Charles Knill , July 1, 1633.] [Council Book 1, p. 18.] This present writing testifieth that Charles Knill Doth covenant w th Cap 1 Wallter Neale, Governour at Pascattaquack in New england in the behalfe of Cap 1 John Mason of London esqr. & Company, that the said Charles Knill shall serve at the Plantacon of Pascattaquack, for the use and benefitt, of the said Cap fc John Mason & Company, from the date of this present writing untill the first of march next ensuing, duringe w ch said time, the said Charles Knill doth promise to doe all faithfull service, to the said Cap 1 John Mason or his assignes. And the said Cap fc Walter Neale doth promise in the behalfe of the said Cap 1 John Mason, that the said Charles Knill shall well & truely be paid for his service duringe the said time the somme of five poundes either here in New England or in any other place where the said Charles Knill shall conveniently appoynt, & the sayd Walter Neale cloth further promise in the behalfe of the said John Mason Esqr And Company, that the said Charles Knill shall have passage into Eng- land the 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 plantacon untill the sliipps 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, 1638 This is the true Coppie of the Covenant betweene Cap fc Walter Neale & Charles Knill in the belialfe of the Company. /. [ Gribbons to the Company, July 13, 16331] [Council Book 1, p. 23.] Newichiwanick July the 13 th 1633 Right Honorable Right Worshipful and the Rest my hu[mble ser- vis membered] your letter dated the 5 th of december and m r Ares letter [the third of April, I received] the 7 th 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 encoragement from you [and here.] I doo not doubt of your good will Unto mee — for [your fishing you complain] of m r gibes, a londoner is not for fishinge Neither [is there any amity] betwix the west Cuntrie- men and them bristo or [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 r 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 r herbert and m r Vaghlian 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 r 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 lieare this tlire 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 mv self my wife and Child and 4 men wee have but 4 a 11 of Corne beefe and porke I have not 52 CHARTER RECORDS. had but oil peese this 8 monthes nor beare this 4 monthes for I have for 2 and twenty monthes had 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 mony 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 1 ^ peese and the other for the yeare 6 1 which in your behalfe I have promised to satisfie in mony or bevor [at 10 s ^] 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 Neybors tlies that I have I Can set to pale in ground for Corne and gardin I have diged a wel within the palizado wlier 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 by me At Newicliewanicke and how it hath gon 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 before 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. — E d.] \Four Towns Laid Out , Aug. 13-20 , 16333\ [Council Book 4, p. 24.] Whare as Cap n Walter Nele & Cap n Tho s Wiggin booth Agents or Governors one for the Pattentsof Laconiahand the Twentv Thousand Acres pattent 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 patten tes to Make a Divityon of those pattents into foure tounes w ch accordingly they did It. and De- sired us the Subscribers advice therein. W ch wee did give them and ware present, at the doeing, there of, and there doeings therein is as folloeth it beinge a Copia of what they wroate hoome to the Pattentes. MASONIAN PAPEES GENEEAL. 53 Mutch Honered In Obedents to your Com’ands have Survaied the River from the Mouth of the harbor to Squamscutt ffales and liquisefrom the harbors Mouth by the Sea side to the Massathusets Bounds and find that the Bounds of your Pattents will Not aford More then for two Tounes in the River of Piscataway and the remainder will make a N other good Toune liaveing mutch Salte Marsh in it, And because You would have foure Tounes Named, as you Desird, wee have Treated With a Gentleman who has Purcliassed a Trackt of land of the Indyans at Squamscutt ffales, and your land Runing up to the said ffales on one Side of the River, & from the ffales about a mile Doun words, said gentleman, haveing a mind to Said land on your side to a Certaine Crike and one Mile Bacward ffrom the River, w ch 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 Yiz fc Portsmouth Runes from the harbors mouth by the Sea sid to The Enterance of a little River betwene two bed lands w ch wee have give the Names of, the little Bores bed and the grete Bores lied, 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 bv 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 th 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 th 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 Laconyali, and the pattent of Bluddy poynt. the river Runing So Intrycate, And Bluddy poynt patten fc 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 Apprehend will be holly in the Twenty Thouzand acre pattent, and North ham is the bounds of hiltons poynt patten If in what we have Don be to your Jikeinge wee Shall Thinke our time well spent, And What ffurther 54 CHARTER RECORDS. Com’ands You will plese to lay on us, w T ee Shall redyly obaye to the Utmost of our power, wee humbly take leve and Subscribe our Selves Your Devoted and Most Homble Servants Walter Nele Thomas Wiggen North ham on Piscatawav River in New England 13 th Augs* 1633 — Superscribed To John Mason Esq r 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 r 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 Gunes 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 r Fhardenando Gorges Cap* Jn° Mason and the Rest of the patten Teies sent an Order to Cap n Walter Nele and Cap 11 Thomas Wiggin ther Agents and Governors at Piscattaway to make C'hoise of the most Convenint place in the Said River to make a ffortefeca- tyon for the Defence therof, and to Mount those ffoure Gunes given to the place Which accordingly was done, by Cap n Walter Nele and Cap n Thomas Wiggens and the Pattentes servants and a Draft was Sent to the place that 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 Principall fforte — That the above is all Truth wee affirme and by the Desier of Cap n Walter Nele and Cap 11 Tho 8 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 th August 1633. RitlU Vines [seal] .Henry Jocelyn: [seal] MASONIAN PAPERS GENERAL. 55 Agreement between John Mason for himself, and John Cotton, Henry Gardner, George Griffith, and Thomas Eyer, for Thomas Wannerton and Eliezer Eyer, for division of property, Dec. 6, 1633, State Papers, Yol. IT, p. 487. Allotment of Capt. Mason’s part by the Council of New England, Feb. 3, 1634, State Papers, Yol. 17, p. 488. [Gorges and Mason to Wannerton and Gibbons , May 5 , 1684 •] [Council Book 1, p. 27.] M r Wannerton & m r Gibbins These are to let you know that wee w th 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 th the advice of Cap 1 Norton & m r Godfrey, To set out the lvnes 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 r fferdinando Gorges & unto Cap* Mason for himselfe & for m r John Cotton & his deceased brother m r 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 th you by Cap* Neale wherunto you have subscribed yo r names & wherof a Coppie is here- w th sent, we desire you to cause an equall division as neere as possiblie maye to be made of all the saied matters menc’oned in the Inventory in kinde 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 tliinges 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 r 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 soe we rest Yo r verie Lovinge ffreinds fferdin : Gorge John Mason Portsmouth maye 5 th 1634. [ Capt . Mason to Ambrose Gribbons , May 5 , 163Jf.~\ [Council Book 1, p. 28.] [Mr. Gibbins : These people and provisions, which I have now sent w th Mr. Joce- lyne, are to sett upp two mills uppon my owne division of lands lately agreed upon betwixt our adventurers ; but I think not any of them will adventure this }^eare to the plantation, besides Sir Ferdinando Gorges and myselfe ; 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 r hands, at the rate of 12 s (?) the pound, whereof I thinke the com- pany will write you more at large : And we have agreed to divide all our moveables mentioned in the Inventory that Capt. Neale brought home, w ct were left in trust w th you and Mr. Wannerton. I bought Mr. Cotton’s and his brother’s parte of all their adventures, so that the lialfe of all belongs to Sir Ferdinando Gorges and myselfe; and of that halfe, three quarters] wilbe dewe to me and one quarter to S r fferclinando ; These thinges being equally divided, they are to be delivered to M r Joceline my three partes of the halfe and the other fourth to whom S r fferdinando shall appointe ; And yo u must afford my people some houseroome in Newitchwannocke and the Cowes and goates w ch are all mine and 14 Swine w th 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 th sent unto yo u . The stockinges and the Mault and Suites of cloathes and suggar and Raysinges and wine that was delivered by M r Bright and M r Lewes I have not received any satis- MASONIAN PAPERS GENERAL. 57 faction for ; wherein I must crave yo r helpe and such satisfacc’on as may be sent by this shipp The Christall stoanes yo 11 sent are of little or no valew, unless they were so great to make drinking Cuppes or some other workes as pillers for faire lookeinge glasses or for gar- nishinge of rich Cabinetts good Iron or Lead oare I should like better of, if it could be found; 1 have disbursed a great deale of mony in yo r plantac’on and never Received one penny, 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 stoane for ballast, and in case he want other laddinge, to fill the shipp upp w th stocks of cypress wood and csedar. Let me here from you of all matters necessary, and wherein I maye doe you any pleasure, I shall be reddie. And so w th my heartie com- mendacons, I rest Yo r 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. 89. Ed.] [ Gibbons to Mason , Aug. 6 , 1634»~\ [Council Book 1, p. 29.] S r Yo r Wor shp have donne well in setting forward your Plantacon, & for your Milles 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 th 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 d the hog d of mault that you sent me giveing you humble thankes for the same, The servants that were w th me are discharged & payd there wages for the yeare past, & I have deliv r ed unto m r Wannerton, 43 11 of beaver to pay those that were w th hime 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 lieare further from your wor shps Yo r Carpenters are w th me & I will further them the best I can, Cap 4 Neale appoynted me two of your goates to keepe at his departinge, I praise God they are 4 : of the goods that 58 CHARTER RECORDS. m r Bright left, I ouely rec d of Cap 4 Neale 4 bush lls of mault, & at sev r all times 8 gallons of sack, & from m r Wannerton, 7 bush 118 & 1 peck of mault, 5 lb & i of suger, & 3 p of Children stockings, & 97 lb of beefe w ch was of an old Cow, that m r Wannerton kild, being doubt- full that shee would not live all the winter, for these I will pay m r Jocelin for you, I ^ceive you have agreat mynd to the Lakes, & I as great awill to assist you, if I had 2 horses, & 3 men w th 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 th of Julie, the 13 th day she cast anker some halfe amile from the ffale, the 18 th day the shippe unladen, the 19 th fell downe the River, the 22 th day the Carpenters began about the mill, the 5 th 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 m w ch 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 4 the stone of such waight & measure will yeeld in Iron, This that we take to be the best stone is 1 mile to the southward 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 & planted, it if it please God 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 ordinary 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 r I have written unto m r John Round to repaire unto your wor sp 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 th any finer or mettle man enquire of hime & as you see cause send for hime he is well seene in all myneralls, if you deale not w th hime, he will give agood light for your ^ceedings, The 6 th of Au- gust the shippe Ready to set sayle for Saco to load cloave boards & pipe staves, A good husband w th 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 r Jocelyn for your owne MAS ONI AN PAPERS GENERAL. 59 ^ticulers will sattisfie you, for I have not power to examen it, This- w th my humble service to your wors p I rest Yo r ever lovinge servant Ambrose Gibbins Newitchawanock the 6 th of August 1634. / [ George Vaughan to Ambrose Gibbons , Aug. 2 0 , 1631 ^. ] [Council Book 1, p. 31.] M r Gibbens Boston Aug st 20 th 1634 Wee Only Waite for a faire Wind. I shall Acquaint m 1 Mason and y e Yest of the owners, ffully 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- ing the Divityon of the Tonnes and the Coppia of Wat Cap fc Nele and Cap n Wiggens Wroat Hoome to The Pattentes of Laconiah and Hil- tons Poynt, It may be of som Use to You hereafter, therefore send it you Leste Cap n Wiggens Should make a nother Bluster, W th w ch my kind Love, to you and your Spouse And Little Bert I Am Your Assure d ffrend George Vaughan, *See foot-note, State Papers, Vol. 1, p. 95. \Lease of New Hampshire to John Wollaston , 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 e Eighteenth day of Aprill in y e Eleaventh yeare of y e raigne of our Soveraigne Lord Charles by y® Grace of God King of England Scottland ffrance & Ireland Defender of the ffaith &c Between y e Councill established at Plymoth in y e County of Devon for y e planting ruleing ordering & governing of New Eng- land in America of y e one part & John Wollaston cittizen & Gold- Smith of London of y e other part wittnesseth y 1 whereas our late Soveraigne Lord King James of blessed memory by his highness Let- ters pattents under y e great Seale of England beareing date at West- ’60 CHARTED RECORDS. minster y e third day of Novemb r in y e Eight year of his highness Raigne over y e Realme of England for y e considerac’on in y* s d letters patents expressed hath absolutly given granted & confirmed unto y e s d Councill & thier Successors for ever All y e land of New England in America lying & being in breadth from fourty degrees of North- erly latitude from y e Equinoctiall line to fourty eight degrees of y e s d Northerly Latytude inclusively & in length of & w th in all y e breadth afores d from Sea to Sea together alsoe w th all y e 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 franchises & preheminences both w th in y e s d tract of land upon y e maine & alsoe w th in y e Islands adjoyning as by y e s d letters pattents amongst divers other things therein contained more at large it doth & may appeare Now this Indenture further wittness- eth y l y e s d Councill in performance of an agreem* by & between them made & enacted y e third day of ffebruary last past before y e date of these p’nts & also for diverse other good causes & considera- c’ons them y e s d Councill hereunto especially moveing have demised granted & to farme letten & by these p’nts doe demise grant & to. farme lett unto y e s d John Woollaston his Executors & assignes all y 4 part purpart & porc’on of y e Maine Land in New England afores d being from y e middle part of Naumkeck river & from thence to pro- ceed Eastwards along y e Sea Coast to Cape Anne & round about y e same to Passcattaway harbour & soe forwards up w th in y e river of Newichewanock & to y e furthest head of y e s d River & from thence northwestward till Six miles be finished from y e first enterance of Passcattaway harbour & also from Naumkeck through y e river tlier- of up into v e land west Sixty miles from w ch period to crose overland to y e Sixty miles end accompted from Passcattawy though Newiche- wanock to v e land north westward afores d & alsoe all v fc v e South half of y e Isles of Shoulds together w th all other Islands & Isletts as well imbayed as w th in five leagues distance from y e premises or abutting upon y e same or any part thereof not otherwise granted to any by speciall name and together alsoe w th all v e woods & underwoods & trees now standing growing & being or w ch may stand growe to be upon y e s d demised premises or any part or pacell thereof w ch porc’on of land and premises are from hence forth to be called by y e name of New Hampshire And alsoe y e s d Councill for y e considerac’ons afores d have demised granted & to farme letten & by these p’nts doe demise grant & to farme lett unto y e s d John Wallaston his Executors & as- signes All y t other parcell of lands woods & wood grounds lying on y e South east part of y e river of Sagadahock in y e North east part of MASONIAN PAPERS GENERAL. 61 New England afors d att y e mouth & entrance therof conteining & to containe tenn Thousand Acres together alsoe w th all y e woods under woods & trees of y e same other parcell of land & wood ground shall from lienee forth be called by y e name of Masonia And asoe y e s d Councill for y e considerac’ons afores d have demised granted & to farme letten & by these p’nts doe demise grant & to farme lett unto y e s d John Wollaston his execto rs & assignes together w th all y e s d lands & Islands and premises all y e soyles grounds havens ports riv- ers watters ffishings mines & 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 th in y e s d tracts of land upon y e Maine & alsoe w th in y e s d Islands or any of y e s d demised premises and to- gether alsoe w th all rents reserved upon y e premises or y e any part or parcell thereof perquisitts & profitts of Courts Deodands waives & straies goods of felons & fugitives escheats & all other casuall profitts w fc soever ariseing or w ch may hereafter arise out of y e s d Demised premises or out of any part or parcell therof Saveing excepting & reserveing only out of this p’nte demised or granted y e fifth part of all y e Gold & Silver oare due to his Ma tie his heires & Successors & in & b\ 7 y e s d Recited letters pattents recovered To have hold & enjoy all & singular y e s d lands Islands & all other the s d demised premises w th their & every of their appurtences unto y e s d John Wollaston hi& executors & assigness from } 7e day of y e date heerof unto y e full end & terme of three Thousand Yeares from thence forth next & imedi- atly ensuing & fully to compleate & ended w th out impeachment of any maner of wast & also with full Power to doe & comitt of man’er of wast either in y e selling felling or cutting of any timber trees woods & underwoods or in y e new opening of any mines of Gold or Silver or any other Mines whoever & alsoe w th full power licence & authority to sell fill cutt downe carrey & dispose of to his & their owne proper use & behoofe att his & their free will & pleasure all & singular y e s d woods & underwoods & trees & alsoe to digge & car’y away or other wise dispose of all or any y e soyle mines pretious Stones & quarreys & to convert & implov or other wise enjoy y e same as fully freely & in as large ample beneficiall man’er to all intents & purposes as they y c s d Councill or any of them by vertue of y e s d re- citted letters pattents may might or ought to have hold & eujoy y e same Yeelding & paying tberfore yearly dureing y e s d terme one peper Corne to be lawfully demanded In wittness wherof to y c one- part of this p’nte Indenture remaining in y e hands of y e s d John Wol- laston they y e s d Councill have fixed their Com’on seale to v e other part of this p’nte Indenture remaining in y e hands of y e s d Councill 62 CHARTER RECORDS. i y e s d John Wollaston hath sett his hand & Seale dated y e day & yeare first above written Annoque Dom’ 1685 [ Grrant 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 M r Masen 22 Apr: 1635 by the Name of New Hampshr This Indenture made the two and twentieth Day of Aprill in the 11 th yeare of the Reigne of Our Soveraigne Lord Charles by y e Grace of God King of England, Scotland, ffrance, & Ireland Defender of the ffaith &c a 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 e one part and Cap 1 John Mason Esquire of the other part Witnesseth that whereas our late Soveraigne Lord King James of Blessed Memory by his Highnes Letters Pattents under the great Seale of England bearing date at Westminster the 3 d day of November in the 18 th yeare of his liighnesse Reigne over the Realme of England for the considerac’ons in the Same Letters Pattents ex- pressed hath absolutely given granted and confirmed unto the Said Councill & their Successo rs for ever all the Land of New England in America lying and being in breadth from 40 Degrees of Northerly latitude from y e Equinoctiall Lyne to 48 Degrees of the Said North- erly Latitude inclusively, & in length of & w th in all y e breadth afore- said throughout y e Maine Land from Sea to Sea togeather alsoe with all the firme Lands Soyles, grounds havens Ports rivers waters ffish- ings, Mines, & mineralls as well Rovall Mines of Gold & Silver as other Mines & Mineralls, pretious, Stones, quarries and all and Sin- gular other Comodityes Jurisdictons Royaltyes Priviledges ffranchises & p r eminences both within the Said Tract of Land upon the Maine and also w th 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 e Said Councill in ^formauce of an agreement made by & between themselves & enacted the third day of ffebruary last past before the Date of these p r sents for a Competent Sume of Money, & alsoe for divers other good causes & considerac ? ons them y e Said Councill hereunto especially moveing have given granted bargained Sold en- feoffed & confirmed and by these p r sents doe give grant bargaine Sell enfeoffe and confirme unto the Said Captain John Mason his heires and assignes all that part purpart & porc’on of y e Maine land of New MASONIAN PAPERS GENERAL. 63 England aforesaid begining from the middle part 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 up within y e River of Newichwanock and to y e farthest head of the Said River & from thence Northwestward till Sixty Miles be finished from y e 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 th all other Islands, & Isletts as well imbaid as within 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 Couneill for y e considerac’on aforesaid have given granted bargained Sold enfeoffed & confirmed & by these p’nts doe give grant bargaine Sell enfeoffe & confirme unto y e s d John Mason his lieires & assignes all that other parcell or porc’on of Lands woods & wood grounds Lying on y e South east part of the river of Sagada- hock in New England aforesaid at the mouth or entrance thereof con- taining & to containe there Ten Thousand Acres w ch said other par- cell of Lands from henceforth is to be called by y e name of Masonia. And moreover the Said Couneill for y e considerac’on aforesaid have given granted bargained Sold enfeoffed & confirmed & by these p r sents doe give grant bargaine Sell enfeoffe & confirme unto y e said Captain e John Mason his lieires & assignes together w th the said bar- gained pbnises all y e firme Lands Soyles Grounds havens Ports, Rivers waters ffishings Mines and Mineralls as w^ell Royall Mines of Gold & Silver as other Mines & Mineralls pretious Stones quaryes & all & Singular other Com’odityes Jurisdictions Royaltyes priviledges ffranchises & preheminenees both w th in the Said Tracts of Lands upon the Maine and alsoe with y e Islands & Seas adjoyning Saving excepting and reserving out of this p r sent Grant only y e fifth part of all y e Oare of Gold and Silver due to his Ma ty his lieires and Succes- sors and in & by y e said.recited Letters Pattents reserved To have & to hold all Those the said severall parcells of Land and all other y e said bargained premises w th their and every of their appurtenences Except before Excepted unto y e Said Cap 1 John Mason his lieires & assignes to y e only & proper use and behoofe of him y e said Cap 1 John Mason his lieires & 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 Couneill & their 64 CHARTER RECORDS. Successors by vertue of y e Said recited Letters Pattents may might or ought to have hold & enjoy the same or any part or parcell thereof In witnes whereof to one part of this p r sent Indenture remaing in y e hands of y e said Cap 1 John Mason they y e Said Councill have affixed their com’on Seale to y e other part of this p r sent Indenture remaining in y e hands of y e Said Councill the Said Cap 1 John Mason hath Sett his hand and seale dated y e Day & yeare first above written Annoq 6 Doin’ 1635 [ Grant of New Hampshire and Masonia , April 22, 1635.] [Archives of England, Colonial Entry Book 59, folio 127.] Grant of the Province of New Hampshire to M r Mason 22 Aprill 1635 by the name of Masonia/ To all Christian people unto whome these p’nts shall come The Councill for y e affaires of New 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 e great seal of England beareing date at Westminster y e third day of Novemb r in y e Eighteenth year of his Raigne over his Hihgness Realme of England for y e Considerac’ons in y e s d L’ers pattents expressed and declared hath absoelutely given granted & confirmed unto v e s d Councill & their Successors for ever All y e land of New England in America lying & being in breadth from fourty degrees of Northerly latitude from y e Equinoctiall line to fourty Eight Degrees of y c s d Northerly latitude inclusively & in length of & w th in all y e breadth afores d from Sea to Sea together alsoe w th all y e firme 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 franchises & preheminences both w th in y e s d tract of land upon y e maine & alsoe w th in y e Islands and seas adjoyning as by y e s d L’ers pattents amonst diverse other things therein contained more at large it doth & may appeare now knowe all men by these p’nts f y e s d Councill of New England in America being assembled in publique Court according to an act made & agreed upon y e third day of ffeb ry last past before y e date of these p’nts for divers good causes & considerac’ons them therunto espec- ially moveing haveing granted aliened bargained & sould & in & by these p’nts doe for them & their successors give grant alien bargain sell & confirme unto Cap 1 Jo n Mason Esq r his heires & assigness All MASONIAN PAPERS GENERAL. 65 y 4 part of y e maine land of New England afores d being from y e mid- dle part of Naumkeck river & from thence to proceed East wards along y e sea Coast to Cape Anne & round about y e same to pass- cattaway harbour & soe forwards up w th in v e river of Newicke- wanock & to y e farthest head of y e said river and from thence North- wards till six miles be finshed from y e first entrance of passcattaway harbour & asoe from Naumkeck through y e river thereof up into y e land west Sixty miles from w ch period to crose over land to y e sixty miles end accounted from passcattaway through Newickewanock river to y c land north west afores d & alsoe all y l y e south half of y e Isles of Sholds all w ch lands w th y e consent of y e Councill shall from henceforth be called New Hampshire & alsoe tenn thousand acres more of land in New England afores d on y e south east part of Saga- hahock at y e mouth & enterance thereof from henceforth to be called by y e name of Masonia together w th all & singular havens Harbours creekes & Islands imbaid & all Islands & Isletts lying w th in five leagues distance of y e maine land opposit & abutting upon y e premi- ses or any part thereof not formerly lawfully granted to any 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 whoever w th all & singular their & every of their appurtences & together alsoe w th all rents reserved & y e benefit t of all profitts due to y e s d Councill & their successors w th y e power of Judicature in all causes & matters whoever as well criminall capitall & civill ariseing or w ch may hereafter arise w th in y e limits bounds & percincts aforesaid to be exercised & executed according to y e laws of England as near as can be by y e s d Cap fc John Mason his heires & assignes or his or their Deputies Lieutenants Judges Stew- ards or officers thereunto by him or them assigned deputed or appointed from time to time w th all other priviledges franchises lib- erties imunityes escheats & casualtyes thereof arising or w ch shall or may hereafter arise w th in y e said limitts & precincts w th all y e interest right title claime & demand whoever w ch y e s d Councill & their Suc- eessors now of right have or ought to have or claime or may have or aquire heerafter in or to y e s d porc’ons of lands Islands or any of y e premises & in as free large ample & beneficiall man’er to all intents construcc’ons & purposes whoever as y e s d Councill by vertue of his Maj ts s d letters pattents may or can grant y e same saveing & allawyes reserving unto y e s d Councill & their Successors power to receive heare & determine & singular appeal and appeales of every person & persons whoever dwelling or inhabiting w th in y e s d territor} T es & 66 CHARTER RECORDS. Islands or any part thereof soe granted as afores d of & from all Judgem ls & sentences whoever given w th in y e s d lands & territoryes afores d To have & to hold all & singular y e lands & premises above by these p’nts granted except before excepted w th all & all man’er of proffits comodityes and hereditam ts w 1 soever w lll in y e lands & pre- cincts afores d orto y e s d lands Islands & premises or any part of them in any wise belonging or appertaining unto y e s d Cap 1 J° Mason liis heires & assigness for ever To y e only proper use & behoofe of him y e s d Cap 1 J° Mason his heires & assignes for ever To be holden of y e s d Councill & their successors of Gladium com’itatus y 1 is to say by finding four able men coveniently armed & arraied for y e warr to attend upon y e Governo 1 of New England for y e publique Service w th in fourteen dayes after warning given yeelding & paying unto y e s d Councill & their successors for ever one fifth of all y e oar of y e mines of Gold & Silver w ch shalbe had possessed or obteined w th in y e limitts or percincts afores d for all rents services dutvs & demands whoever due unto v e s d Councill & their Successors from any plantation w lh in the precincts afores d y e same to be delivered unto his Ma ts Receiver his deputie or deputies assigned for y e receipt thereof To y e use of his Ma lie his heires & Successors from time to time w th in y e lands precincts & territoryes of New England afores d And last y e s d Councill have deputed authorized & appointed & in their place & stead have putt Henry Joseline Esq 1 ’ & 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 e s d lands & other y e premises w th their appurtences or into any part thereof in y e name of y e whole & to take quiet & peacable possession & sez- ing thereof and after such possession & sezing soe had & taken as afores d then to deliver y e same unto y e s^ Cap 1 Jo 11 Mason his heires or assignes or to his or their certaine attorney or attornies to be by him or them deputed on y r behalfe according to y e purport true intent and meaning of these p’nts In wittness wherof they y e s d Councill have heerunto affixed their com’on seale dated y e two & twenteth day of Aprillin y e Eleaventh year of his Raigne of Soveraigne Lord Charles by y e grace of God King of England Scotland finance & Ireland L>efender of y e faith & c Anno Dom’ 1635. [Transfer from Wollaston to Mason , June 11 , 1635 . ] [Archives of England, Colonial Entry Book, Vol. 59, p. 137.] Grant of the Province of New Hampshire from M r Wollaston to M r Mason 11 th June 1635 MASONIAN PAPERS GENERAL. 67 This Indenture Made the 11 th day of June in the 11 th yeare of y e Raigne of our Soveraign Lord Charles by the grace of God King of England Scotland ffrance & Ireland Defender of y e ffaith &c a Between John Wolaston Citizen & Goldsmith of London of the one part and Cap 1 John Mason Esq r of the other part Witnesseth that whereas y e Councill of New England by their Indenture under their Com’on Seale bearing date the 18 th day of Aprill last past before the Date hereof made between y e said Councill by y e Name of y e Coun- cill Established at Plymouth in y e County of Devon for y e planting ordering ruling & Governing of New England in America of y e one part & y e Said John Wollaston by the name of John Wollaston Citti- zen & Goldsmith of London of the other part for the Considerac’ons in the same Indenture contained have demised granted and to Farme Letten unto the Said John Wollaston his Executors and Assignes, All that part purport and porc'on of the Maine Land of New England aforesaid begining from the Middle part 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 ch 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 r mises and abut- ting upon the Same or any part or parcell thereof not otherwise granted to any by Speciall Name, And togeather also with all woods underwoods and trees now Standing, growing & being, or w ch here- after Shall or may stand grow or bee in and upon the Said Porc’ons of Lands & other the Premises All w rCh 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 aforesaid have demised granted & to farme Letten unto the said John Wollaston his Exec rs 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 <:h 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 Farme 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, flfishings, Mines, & Min- 68 CHARTER RECORDS. eralls as well Royall Mines of Gold and Silver as other Mines & Mineralls pretions Stones Quarries and all and Singular other Comodi- tyes, Jurisdictions Royaltyes priviledges ffranchises and prehemin- ences both within the said Tracts of Land upon the maine, & 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 ffelons & fugitives 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 reservac’ons as in the Said Lease are excepted & reserved To have & to hold & 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 Execut rs 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 lett over & confirmed & by these p r sents doth grant assigne lett over & confirme unto y e s d Cap 1 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 e said Inden- ture contained Together with the said recited Indenture of Demise and all y e right title Interest terme of yeares Claime & demand of him the Said John Wollaston of in & to y e Same or any part or par- cell thereof & all the benefitt proffitt advantage & Com’odity what- soever which shall or may bee had by the same. To have hold & Enjove 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 parcell thereof unto the said Cap* John Mason his Execut rs and Assignes from the day of the Date of these pr e sents for and During ally* residue of the Terme of Three thousand yeares yet to come an unexpired in y e MASONIAN PAPERS GENERAL. 69 same for and under the reservations 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 Execut rs 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 r sent Indentures interchangeably have sett their hands & Seales the Day & yeare first above written./ \_Royal Charter to Mason , Aug. 19 , 16351] [From manuscript volume in possession of the Maine His_ torical Society, pp. 37-45.] Charles by the Grace of God King of England Scotland 19 I A J^ , 5 11 Car * ffranee & Ireland Defender of the ffaith &c. To all to whome these presents shall come Greeting Whereas our trusty and welbeloved Servant Captain John Mason Esq r Treasurer and Paymaster of Our Armies hath been an humble Suitor unto Us to grant and confirm e unto him and his lieyres 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 lieyres 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 knowledge Grant and mere motion Wee have given granted and confirmed and by this Our present Charter for Us our heyres and Successors Wee doe give grant and confirme unto the said Captain John Mason 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. The ffifth i of the o of Gold Silver is served. Seacost to Cape Anne and round about the same to Pas- cataway harbour and soe forwards up within the River of Nowichewanock and to the furthest head of the said river and from thence Northwestwards till Sixtv miles be */ finished 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 imbayed 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 any 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 Neivh amp 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 T s our heyres and Successors Wee doe give grant and confirme unto the said Captain John Mason his heyres and assignes 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 veare or vears ffee taile or %j ffee tailes or otherwise Together also with all the firme lands Soyles and grounds aswell under w'ater as above water and dry all the Shoares Creeks havons harbours bayes ports rivers waters lakes Mines minerals and veynes of metall aswell Royall 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 rt and Silver to remain to Us Our hevres and Successors) P 0 C/ S & All Quarries precious Stones pearls ambergris and all fish- e 'ings of whatkind or kinds of Irish soever aswell pearle MASONIAN PAPERS GENERAL. 71 ffishing as others whether Royall ffishes as Sturgeons Whales or any other ffish by whatsoever name or names they or any of them are or shalbe called or knowne And all Such ffish whatsoever by him them or any of them to be taken And all and Singular profits 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 coasts of the same or any of them. / And also all the 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 Realme of England together also with all such and as ample Juris- dictions prerogatives Royall rights royalties privileges ffrauchises 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 b}~ the now or any former Bishop of Duresine within the Bishopwick of Duresine or the County Palatine of Duresine within Our Realme 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 lying on the coast of America or to any other Company body polit.icque 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 any discoveries plantations or traficques of in or into any forreigne parts whatsoever and in as large and ample manner as if the same had i c e n c e to found Chur- ches .11 regall rights grant- ed with the premises 72 CHARTER RECORDS. herein been particularly mentioned and expressed although the same require otherwise more especiall words clauses & The Kin g expressions And Wee doe for Us our Heyres and Succes- pluentee^aR sors by these presents make create and constitute him the of the prov^ sa ^ 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 ffaith and Allegiance and The Haben- the Dominion directly due to Us our Hevresand Successors ( J um t 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 heyres and assignes for ever To the onely and proper use and behoof of him the said Captain John Mason his heyres and assignes for ever To be holden 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 part of all the Oare of Gold and Silver which shall happen yearly to be found gotten or obtained within the limits of the premises And that the sevearall parts and portions of lands & Islands soe described as aforesaid may be graced and dignified with Titles fitting Know yee 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 Generali name of the Province of New The Name of Hampshire and doe also hereby name the said parcell of the Province -^ an( j containing Tenn Thousand Acres by the particular name of Mason ia within the province of New hampshire MAS ONI AN PAPERS GENERAL. 73 and soe to be called reputed and taken for ever hereafter And that all the said Severall parcels of Lands Islands and Islets shalbe reputed and taken as parts parcels or member of the said province of Newhampshire aforesaid further- more know yee therefore That for US our Heyres and Suc- cessors Wee doe give and grant full power by the honor of those presents unto the said Captain John Mason (of whose ffaith wisedome justice and provident circumspec- tion Wee are very confident) and to his heyres for the 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 profitt of all the Inhabitants thereof according to his or their sound discretions by and with the consent and appro- bation of the freeholders 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 same under the Seal of the said Captain John Mason and his Heyres And Wee doe also give to him and them all manner of full power and authority duly to Execute the same upon 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 Heyres 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 power and authority to constitute appoint and ordain by Sea and Land any Judges Justices Magis- 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 The Lord of the prov . hath power to make Lawes with consent of the ffree- holders. The Lawes to be proclaim- ed under the Seal of the Lord of the province. power to ap- point Judg- es, &c. 74 CHARTER RECORDS. said province either before Judgement 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 afore- 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 indeavoured the same may 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- agreabie b to iently may) be agreable to the Lawes Statuts Customes of h Engfand S aD( ^ Ordinances of this Our Realme of England And because in the Government of soe great a province Sucl- dain chances and occasions may happen unto which there wilbe a necessity of applying remedy before the free- 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 appointed 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 whom it doth or may any wayes concerne Which ordi- f MASONIAN PAPERS GENERAL. 75 .nances within the said province Our will is shalbe inviola- bly observed 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 conveniently they ■may) be agreable to the Lawes Statuts and Ordinances of our Realme of England and soe as the same ordinances •extend 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 Successors 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 appoint 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 Generali Gov- ernor by Us to be constituted to doe any Act b}^ colour of £tny 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 within 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 extend his authority in any wise to hinder the due Execu- tion 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 the people there abiding and Liberty to ail inhabiting from time to time to apply themselves unto JS Such a Generali Governor as from time to time shalbe 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 appointed by Commission from Us Our heyres and Successors for that the Generali G overn or over the province. to ap- to the Gen’ll Gov- ernor. 76 CHARTER RECORDS. Licence for all P s o n s to tr a n sp o rt themsel ve s into the Pvince. purpose And to appeale unto him in manner according unto or as neer as conveniently can be done to the order of proceedings in like cases within Our Real me of Eng- land for remedy (if there be cause) within ffourty Dayes after any Judgement decree or sentence in any cause or causes given against them or any of them touching the matter of any such ordinance or ordinances as by Us our lieyres 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 the same ordinances shall not be received made and become the Law or Lawes of or within the said province of Newhampshire 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 conveniently 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 such ordinances Moreover that the said province and the people that shall increase and have recourse to the same may be made more happy and prousperous and may be the 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 lieyres 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 lieyres 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 belonging to the said province of Newhampshire or to any the inhabitants thereof shall not at any time hereafter MASONIAN PAPERS GENERAL. 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 ffortifications at the good liking of the said Captain John Mason and his hey res and to furnish them at all points compleat for the publick defence and their owne The Statuts concerning ffugitives 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 lieyres 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 people of Us our lieyres 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 buy 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 impediment 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 our Subjects may be invited to this expedition with alacrity of mind Know yee 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 in alle- gi ance to the King . All children born therein are free Denizens of England & Ireland 78 CHARTER records. 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 ray men t 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- Armes rts of i m ents 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 Successors 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 power and authority unto the said Captain John Mason and unto his heyres and assignes by him or them 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 and e iand. Sea these parts and if God give victory 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 preserve and keep And also by force of Armes to recover from 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 pnsais. upon the parties doing injury or any other of the same Nation or Nations by way of reprisals and taking their MASONIAN PAPERS GENERAL. 79 ships and goods and men or otherwise as they shalbe able for recompense and Satisfaction of any such loss and dam- age as they or any of them shall sustaine in any such case and to doe and performe all things which to the duty and office of Captain Generali 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 present Charter Wee doe. give power liberty 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 belllon province or upon the main Sea in the Voyage Sailing to- wards the said province or from the said province hy 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- tors fugitives vagabonds or any of them being Delinquents contrary to the order custome and disciplin 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 virtue 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 Country 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 persons inhabiting within the said province And to dignify them with any titles and Digni- ties whatsoever (soe they be such as in England now are in use) according to his or their pleasure And also liberall and full power to create villages into Burroughs and To create ctt- 11 UlTOUgllS into Citties and to constitute and appoint such roughs, and soe many ITaires and Markets in them or any of them for the more conveinency of t lie Inhabitants and their 80 CHARTER RECORDS. continuance in these places and for the better setling and incorporating them with meet privileges and immunities and to doe all and Singular such other things whatsoever concerning the premises as to him 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 bring 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 tfactors or assignes unto any the ports of Us our heyres or Succes- sors both 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 any 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 exonorate 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 PAPERS GENERAL. 81 Tenor of this our Royall Grant beyound which Wee will not greive the inhabitants of the said province 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- fhTpping 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 privileges to the same ports belonging as unto him or them shall seem most expedient and that all and singular Ships boates and other vessels whatsoever by reason of trafick or mar- chandising 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 Moreover our will is and Wee doe ap- point and ordaine and by these presents for Us our heyres and Successors Wee doe giant unto the aforesaid Captain John Mason his heyres & assignes from time to time for ever To have and enjoy all such Tolls and Subsidies in Toils and sub- the ports and beys for Shiping and all other Creeks and ed to the places aforesaid within the province aforesaid payable and province. the arising for the marchandise and goods there to be loaden 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 as aforesaid And furthermore of our Special grace certain sidies. 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 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 convenient To have and to hold to such person and persons as slialbe willing to take or purchase the same to them and their heyres and assignes in ffee simple ffee tayle or for terme of life or lifes or for yeares To 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 ma } 7 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- conffrmatlon wise 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 Realme 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 create into Mannors any particular lands within the said province and in ever } 7 severall Mannor to have and hold 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 bj' him or them or his or their Stewards when those Mannors shalbe consti- tuted being Lord or Lords of these Mannors for the time O To erect Courts Baron being and to have and use all things which to the rein of ffrank 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 PAPERS GENERAL. 83 the aforesaid Captain John Mason his heyres and assignes That if he or they shall at any time hereafter upon 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 That thereupon the humble petition TheKingCov _ of the said Captain John Mason and his heyres such Snake better further and better assurance of all and Singular the said assurance if C' GGSirGQ. tracts and portions of Lands Islands and premises and of all and singular other the privileges herein mentioned to be granted shall from time to time by Us our heyres 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 Generali or Sollicitor Generali 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 any 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 Newham pshire 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 marcliandise within the said province or within any of the ports or Ships Iveys of the said province to be laden or unladen And 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 in joining them on pain of our high displeasure That they 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 shalbe None to at-aidingand assisting unto the said Captain John Mason thing against and his heyres and to the aforesaid inhabitants of the said thfs chart. ° f P rov 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 ??da!ned immediately Subject to our Crowne of England and de- jecUoTto pendant upon the Same for ever And if it shall happen of e Engiand e an y doubt or questions shall hereafter arise about the true sense and meaning of 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 God and true Christian Religion or the Allegiance due to Us 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 declare 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 heyres and assignes any omission misinforma- tion or defects in these presents or any Law r es 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 PAPERS GENERAL. 85 tainned or Not withstanding any misnaming or not naming of any the 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 any 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 Reign. This is a true Copie examind attested by Ric. Chamberlain Secretary of y e Province of New— Hampshire Clerk of His Ma: ies Councell there. [Deed, Gorges to Mason , Sept. 17, 1635 .] [From manuscript volume in possession of the Maine Historical Society, p. 46.] THIS INDENTURE made the seaventeentli day of September Anno Dom. 1635 and in the eleaventh yeare of the Reigne of Our Sovereign e 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- uesseth That whereas our late Sovereign 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 Councill established at Plimouth in the County of Devon 1 ' ffor 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 ffourty Eight Degrees Northerly Latitude inclusively Together with all ffirm lands Soyles grounds havons ports rivers waters ffishings hunting hawking ffowling and all mines and min- erals aswell Royall mines of Gold 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 ffrom 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 appeare 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 heyres 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 GENERAL. 87 gether with all and Singular harbours creeks marishes woods rivers waters lakes mines and minerals aswell royal mines of Gold & Silver as other mines and minerals precious stones fiishings hawking hunt- ing and ffowling and all other royalties Jurisdictions privileges pre- heminences profits commodities and hereditaments whatsoever with all and Singular their and every of their appurtenences with all other privileges liberties immunities escheats and casualties thereof which shall or may arise within the Limits and precincts aforesaid To be holden of his Majesty his heyres and Successors as of his highness Mannor 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 Indentures 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 Beal 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 1 John Mason of London Esq r 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 merrits 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 fc Peter in Westminster without any Funeral pomp or Ceremony & as Concerning all & Singuler the Goods Chattels Depts & personal Estate w ch 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 & Limitations as are hereafter Expressed that is to Say Imprimis I give & bequeath unto five poor people of the' Town or parish of Portsm 0 in the County of South liampton the sum of five pounds to be Distributed according to the Discretion of the Church Wardens of y e s d 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 ts 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 r Joshua Green & his wife M r Edward Lambert & his wife M r Henry Burton & his wife M r John Wallaston & his wife & to my Loveing Cosin Doctor mason of Greenwich & his wife & mother To my Cozens MASONIAN PAPERS GENERAL. 89 im r Thomas Geer & his wife to my Cozen Thomas Mason Gentle- man & to my Cozens M r Thomas Assips & his wife to Every of them fifty shillings apeice to make them 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 e Encrease profitt & benefitt y* Shall be made thereof by for & Dureing y e term of her Natural life & from & Imediately after y e Decease of my s d wife then I give Devise & bequeath y e s d 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 Dye 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 d four Grand Children respectively & my will & mind is & I do hereby Devise and appoint v l in Case my S d wife Ann Mason Shall Dye & Depart this mortal Life befor all my s a 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 my will by me given & bequeathed unto them or to them or their heirs respectively y fc 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 Imploy y e Same for the benefit & maintainance of my S d Grand Children & Shall pay the same to them respectively as they shall attain to their ages of one & Twenty years or Days of Marriage as aforesaid and I do hereby make and ordain v e said John Wollas- ton after the Decease of My s d wife Sole Guardian of and for my s d Grand Children or such of them as shall be in their Minoritys att the time of the Decease of my 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 them respectively Then I leave the Education & 90 CHARTER RECORDS. bringing up of Such my Said Grand Children as shall be in their minority and the receiving having & possessing of such Lands Tenem ts Legacies & bequests as I have & shall give them by this my will unto such person or persons as my s d Brother in Law John Wollaston shall in his life time Nominate & appoint for that Pur- pose & to no other person or persons whatsoever & I do hereby Charge my s d Grand Children & Every 7 of them to make Choice of & accept of my s d Brother in Law & such person or persons as he shall appoint & none other whatsoever to be Executrix Guardian or Guardians for them after the Decease of my S d wife. And I do hereby make name & ordain my s d 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 Bi other in Law Jn° Wollaston the overseer of this my will & Testament Entreating him to be aiding and assisting unto my s d Executrix in the Execution thereof & in token of thankfuliness 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 bv what Name Title or addition Soever the S d 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 Laud in my County of Newhamp r or Mason Hall in New England w ch bv mv 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 e same & Every portion thereof unto the s d Mayor & Commonallity & Corporation of the s d Town of Kingslyn & their successors forever for & under the }marly rent of one penny of Lawfull money of England to be paid to my heirs if it shall be Demanded and also allowing to my 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 provided Always & my will & mind MASONIAN PAPERS GENERAL. 91 is & I do hereby devise & appoint y fc the s d mayor & Commonallity their Successors or assigns shall within five years next after my Decease plant & set upon the S d Thousand acres of Land five fam- ilies of people at least to plant upon the Same & y t the Clear yearly profit y 4 shall be made of & upon y e S d Two thousand acres of Land shall be yearly forever Distributed & Disposed of towards y e maintainance & relief of y e poor people of the s d Town at the Discretion of the mayor & aldermen or the Chiefest Governor of the S d Town for the time being: and I will y fc my S d wife Ann Mason shall at y e request Cost & Charges in the Law of the s d mayor & Commonality their successors or assigns Lawfully & Sufficiently Convey release & assure unto the s d mayor & Commonality & their successors forever all her right Estate Dowry Title of Dower & Intrest of and in the s d Two thousand acres of Land y t by Such Lawfull wayes & means as bv y e s d 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 Mannor of Mason Hall afores d Where mv s d 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 Same unto the S d John Wollaston his heirs & Assigns for- ever to be holden of My heirs forever in fee farm paying onl}" twelve pence of Lawfull Money of England ^ annum to My heirs when the same shall be Demanded of the s d 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 d Land or any part thereof: And I willy 4 My s d wife Ann Mason shall at the request Cost & Charge in the Law of y e S d John Wol- laston his heirs or assigns in due form of Law Convey release & as- sure unto the S d John Wollaston his heirs & assigns all her right Title Dower Intrest Claime & Demand of in or unto the said three Thousand Acres of Land with the Appurtenances and of in and unto every 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 VI in the Law shall be reasonably Devis'd or advis’d and required. I Give devise and Bequeath unto My Grand Child Ann Tuffcon and to her Heirs & Assigns for ever under The Provisoe’s and Conditions nevertheless hereafter express’d all those my Lands Tenements and lieriditaments w th the Appurtenances- 92 CHARTER RECORDS. lying and being at Capham of Wagam upon the South East side of Sagadahock in New England afores d 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 d Land and premises & Every part thereof with the appurtenances unto the s d Ann Tufton my Grand Child & to her heirs & assigns for ever : Provided always & my will, mind & meaning is & I do hereby Devise & appoint y l my wife shall hold & Enjoy the s d 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 ch shall first happen if my s d wife Shall So long live Item I give & Devise & Bequeath unto my Grand Child Robert Tufton & to his heirs & assigns forever under the pro- visoes & Conditions nevertheless hereafter Expressed all that my Manuor of Mason Hall in New England aforesaid with all the Land Tenements & hereditaments 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 Intent & meaning is that the said ann my wife shall have & Enjoy the said mannor & premises given unto my s d Grand child Robert Tufton as aforesaid & receive take & Enjoy to her own proper use the rents Issues & profits thereof untill My said Grand son Robert Tuffton 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 tt; my s d 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 mv will for that my true Intent and meaning is y n the s d Mannor and premises Shall Continue in my 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 d where my s d Brother & Executrix afores d shall think fit upon trust & Confidence & to the use Intents MASONIAN PAPERS GENERAL. & purposes that my s d Brother John Wollaston or his heirs & my 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 e s d 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 publick place appointed for Divine worship & service within the Said County of Newhampshire where my s d wife & Brother Shall think fit the s d 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 d one thousand acres of Land or any part thereof & one Thousand acres more residue of the s d Two thousand acres of Land I will shall be Setteled or Conveyed as afores d 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 d County of Newhampshire where my s d wife & Brother in Law shall think fitt 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 d one thou- sand acres of Land or any part thereof all the rest & residue of all & singuler my mannors messuages Lands & Tenements & Heridita- ments with their & Every of their appurtenances lying & being within the s d 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 d Robert Tuffton or my Grand Child & to the heirs of his body Lawfully begotten & for want of such Issue to my Cozen Doct r 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 forever provided always nevertheless & my will mind & meaning is that my wife Ann Mason shall have hold & Enjoy the s d mannors messuages Lands & premises by me given unto my Grand Child John Tuffton as aforesaid & receive the rents Issues & profits thereof & of every part thereof to her own profit use & behoof untill my s d Grand Child John Tuffton shall attain to and accom- plish his full age of one & Twenty years if y e s d Ann my wife shall so long live provided also & my further will mind & meaning is & I do hereby devise and appoint y l my s d 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 manners Lands & 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 e same Lands & premises in my own Sirname & not otherwise Provided also & my will & mind is & I do hereby devise & appoint y l my S d Grand Child John Tufton or his heirs shall well or truly pay or Cause to be paid unto my Grand Child mary Tuff ton his sister out of the mannors messuages Lands & Tenements by me bequeathed unto him as afores d the Sum of five hundred pounds of Lawfull Money of England for her better preferm 1 and advancenff 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 d mary Tuffton without fraud or Coven: provided also & my further will mind & Meaning is & I do hereby devise & appoint y fc in Case My s d Grand Children John Tuffton Ann Tuffton Robert Tufton & Mary Tufton or any of them Shall refuse or be unwilling to take & accept of my s d 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 e Decease of my wife dureing their or any of their Minorities or in case my s d four Grand Children or any of them their or any of their heirs PIxec trs administ rs or assigns or any of them shall at any time or times after my Decease bv any wavs or means whatsoever Sue Vex or mollest trouble or prosecute my Executor or administ rs 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 d 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 l y n also & in such Case I give devise & bequeath all & every y e Mes- suages Lands tenements <& heriditaments Money Goods & 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 Doct r 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 ts with their & every of their appurtenances 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 of her natural life & after her Decease to my above s d Brother in Law Jn° Wollaston & his assigns for & dureing the Joynt lives of my s d Daughter Ann Tufton & her now husband upon trust & Confidence nevertheless y l the s d Jn° Wollaston & his assigns shall pay & Disburse the rents & profits of y e s d premises & every part thereof for & toward y e proper maintainance stay of Liv- ing of & for the S d Ann My Daughter & no other wise & in Case my s d Daughter’s now husband shall dye & Depart in this life in the life time of my s d Daughter Ann Tufton then & from thence forth I give devise & bequeathed my S d lastmentioned messuages Lands Tenements & heriditam ts every part thereof unto my said Daughter Ann Tufton for & dureing the term of her natural life & from & i mediately after y e decease of my s d wife & Daughter & of the longest liver of them then to my s d Grand Children John Tufton Ann Tufton Robert Tufton & mary Tufton & to their heirs & assigns forever & to none other use Intent or purpose whatsoever und r y e provisoes & Conditions nevertheless herein before declared : finally I do herebv revoke Countermand & make Voide all former wills Testaments Codocils Execut rs 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 fc 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 Codocil 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 e s d Cap 1 John Mason the testator to this my present will & testament being written in four- teen sheets of paper with my name subscribed to every sheet have sett my seal y e 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 e Grace of God King of England Scotland France & Ireland defend r of y e Faith &ct : & in Case my s d Grand Children Jn° Tufton Robert Tufton should both die in y e 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 19 By me given to my s d two Grand Children or either of them unto my wife during the term of her natural life & after her decease to my Daughter Ann Tufton dureing the term of her natural life and after both their deceases then to such person or persons as y e same is mentioned to be given & bequeathed unto by this my will John Mason 96 CHARTER RECORDS. signed sealed published & declared by y e s d Cap fc Jn° Mason y e Testator as his Just will & Testament on the day & year above written In the presence of us whose names are hereund r written Tho s Noell Mathew Mason J fferret Notary; probation fuit Testa- mentum Supra scriptum apud. London Coram veni rble viro magis- tro Willo Clark Legum d’re surr venirabli viri d’mi Henri Martin militi Legum Etiam Doctoris Curia prerogative Comit Magistri Custodis Sive Commisarii Legitime Constit vicisimo sedo die mensis Decemb rs Anno Domini millisimo Sexceptesimo Tricesimo Quin to Juramento Annse Mason relictis dicti defunti et Excecutrices in hujusmodi Testimento nominat Cui Commisa fuit administrate oum & singulorum bonorum Jurium et Creditorum dis defunti de bene fid. bl administrando eadem adsto dei Evangelica. Jurat — Sadler 127 Q r Tho : Williams Reg rs Deputy Tertio Examinat Province of ) A True Copy from the Sup r Court files Compared Newhamp r j y e 21 st March 1701 ^ Theo : Atkinson Cle r Province Newhamp r Vera Copia Compared 9 th July 1706 ^ Theo : Atkinson Clerk Vera Copia from the file in the Inf r Court of Common Pleas at Portsm 0 Compared 24 tb April 1707/ ^ Cur m Henry Penny Cler The foregoing Sixteen Pages is a Copy Examin’d ^ Geo : Jaffrey Cl [ Vaughan to Gribbons , April 10 , 1636. [Council Book 1, p. 33.] London 10 th 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 r Mason was Ded But I Spoke With S r fferdenando Gorges and the other owners, but they gave mee no Incoradgm* for New-England, I Acquainted y m ffully of what you and I Discoursed but theye ware quite Could in that matter m r Masson being Ded, and S r ffardenando. Minding only his one Divityon, he teles me he is a geting a Pattente MASONIAN PAPERS GENERAL. 97 for it from the King, from Piscatequa to Sagadehocke, & that betwene Meremake and Piscatequa, He Left ffor m r Mason, who, If hee had Lived Would a Tooke a Patten 6 for that allso, and so I Supose the Affairs of Laconia is Ded allso I Intend to goe for the Este Inidges, A ffrend of mine have made me a Very good proffer and I Thinke to take Up w th 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: 1.6. 3. 7. and in the thirtenth year of the rayne of our soveraigne Lord knge Charlls whearas S r fferdinando Georgis knight: Cap 1 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: tlieare Agents : wee thearfor Richard vines, Henry Joslin and Thomas wannerton, do demise grante, lette, unto ffransis mathews, all that parsed or portion of lande In pascataway River lyinge upon the north west Side of the great Uland 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 u 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 ffirst 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, 1638 .] [Council Book 1, p. 85.] Loving freind M r Gibbins I understand that you have some swine in yo r hands belonging to my late husband Captaine John Mason & now to mee i pray good s r deleiver them speedily to y e bearer hereof ffranceis Norton whome I have made my general 1 attournie for my whole estate in yo r parte to whome I pray you afford your loving assistance in what is Con- venient & your equitie & love heerein shall oblige mee to remaine Yo r lovinge freind Anne Mason East Greenwich May 22 th 1638 [ Richard Rogers to Ambrose Gibbons , March 2, 16/fl3\ [Council Book 1, p. 36.] lovinge and kinde Contryman Gibins my love with my wives and my sonnes love and Respeckte to you and to your wiffe 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 thankes and your wiffe for your greate Care and paynes that you have bestowed with him I have Given M r Trevisse ffor his pasage ffortye shillings beinge as much as I gave for my 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 } T ou 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 liande and sinned with M r Trevisses owne hand fora discharg of that bill which you gave him / now my desire to you 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 anythinge lefte and If theare be let it be sente in bever or Corne or any tliinge Ellse deare skins or bare MASONIAN PAPERS GENERAL. 99 skines and I will Returne it to yon Againe in Tradinge Cloath or any thinge filllse that you shall write for and so will Eaverv yeare after as you shall sende but if you please to sende me those thinges in that Cheste I shall be willinge to Repay e what you shall thinke fitt for your use lieare so desiringe to heare ffrom you as soune as may be I Reste Your lovinge ffrend and Contryman to his power March y e 2 1647 Richard Rogers I pray you tell Tom Jon son that my sonne John hath bin at his Cosen 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 r Gibbines from his frend aboute Accomp ts 1648 To His Respeckted ffrend and Contryman M r 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, Yol. 17, p. 502. [Deposition 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 Testifieth and sayth that in March 1650 we were both at the house of mistriss Ann Mason in London the relict of Cap 1 John Mason Deceased and saw a branch of his will wherein he made his Said wife Ann Sole executrix and after that died it being his Last will and further these Deponants Saith not Testified upon Oath before mee Jo Endecott Gov r That what is above written is a true Copie Compared w th its originall so signed & produced in the Gennerall Court of the Massa- chusets in new England by m r Joseph Mason may 1652 Attest r Edward Rawson secret 100 CHARTER RECORDS. Joseph Mason’s petition, May 6, 1653, State Papers, Vol. 17, p. 504. [Petition of Robert Mason.] [Masonian Papers, Vol. 1, p. 7.] To y e Kings most Excelk Matie The humble Petic’on of Rob 1 Mason Proprietor of the Province of New Hampshire in New England. Sheweth. That yo r Ma'ties Royall Grandfather King James of ever blessed memory did by his Highness l’res Pattents under the Great Seale of England, beareing date at Westminster the third day of Novem- ber in the 18 th 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 Ever, 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 Lands. As by the said Letters Pattents doth at Large appeare. That John Mason Esq r yo 1 Pet rs Grandfather by Virtue of Sev- erall Grants from the said Councell of New England, under their Common seale beareing date the 9 th day of March 1621, the 10 th day of Aug 1 1622, the 7 th of Novem r 1629 and the 22 th day of A prill 1635, was instated in ffee in a Great Tract of Land in New Eng- land by the name of New Hampshire, lyeing upon the Sea Coast between the Rivers of Naumkeck and Passcattaway, and runing up into the Land Westward three score miles, with all y e Islands lyeing within five Leagues distance of any < ^ t thereof, and also the South lialfe of the Isles of Shoales. And also the said John Mason togeather with S r fferdinand Gorges Kn fc was Enffeofed by the aforesd Councell of Newengl 1 in other Lands by the Name of the Province of Laconia By their Deed beareing date the 27 day of Novem r 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 rs said Grand- MASONIAN PAPERS GENERAL. 101 father did expend upward of 22000 11 in transporting People Build- ing houses fforts and Magazines furnishing them with Great store of Armes of all sorts with Artillery great & small for defence and Protection of his Servants and Tennants, with all other necessarie Comodities and materialls for Establishing a settled Plantation. That iu the veare 1628. in the fourth yeare of the Reigne of yo r Ma’ties Royall ffather, some ^sons did surruptitiously and unknowne to the said Councell, gett the seale of the said Councell affixed to a Grant of Certaine Lands, whereof the greatest Part, were sollemnely past, unto yo r Pet rs 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 e Great seale of England, as a Corporation, By the name of the Corporation of the Massachusetts Bay in New England, yo r Ma’ties Royall ffather being also Unwitting thereof, and haveing thus by fraud obte} T ned a Grant and Confirmation, they Compelled the Rightfull 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, frameing to themselves new Lawes with new methods in Religion absolutely Contrary to the Lawes and Customes of this Yo r 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 Reaclieing the Eares of yo r 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 Rosigne 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 1 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 th of Aprill 1635. togeather 102 CHARTER RECORDS. with the Act of Surrender of the Great Charter of New England dated the 7 th day of June the same Yeare. That irnediately thereupon his Ma’tie in Trinity terme 1635. Caused a Quo Warranto to be br l by S r John Banks his Ma’ties then Attorney Generali against the Governour Deputy Govern 1, and Every of the Assistants of the said Corporation of Massachusetts in New England, severally according to their names mention' 1 in the said Pattents of Incorporation, being twenty six ^sons Whereof two being dead, of the Remayning twenty four ^sons there did fourteen at severall times appeare at the Kings Bench Barr and disclaimed the Charter, the Remayning tenn ^sons were Out Lawed, and thereupon Judgement given for the King, That the Liberties and franchises 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 Proceedings 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 t the Attorney Generali be Required to Call for the said Patient and Present the same to the Board, and his Ma’tie hy 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 Generali Govern nP in his Territory of New England for Prevention of the Evills that otherwise might ensue for default thereof thereby declareing S r fferdinando Georges to be Govern 1 ’ Generali of the Whole Countrey, and requireing all *^sons to give their Obedience accordingly. That the Warrs and Trobles irnediately Ensueing in Scotland and Presently after here in England, did hinder his said Ma’tie from settling that Countrey 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 Conteynecl themselves for the time within their Pretended Bounds, but noe sooner was that King of Blessed memory yo r Royal ffather become a Sacrifise but they renewed their former Violencies, by Oppressing all the Other Collonies and designeing by encouragem 1 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- MASONIAN PAPERS GENERAL. 103 ton the 19 of October 1652 seriousely ^use the Grant (w ch 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 Length 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 by 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 r Ma’ties Pet rs as Well as Others whose Properties were Established long before the said People had any being. And that they might give Execution to this Righteous Sentence, they Present- ly invade and by force of Armes Seize upon the Province of New Hampshire, and other lands of Right belonging to yo r Pet r besides what they did to Others Compelling the Inhabitants to Sweare to be true to them and to Cast Off their Lawfull Lords, and such as Refused were either Ruined Bannished or Imprisoned, and any Appeales to Engl d utterly denyed unto them, then they 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 r Pet r by his Agent Joseph Mason, did demand Redress of the Generali Court of Massachusetts sitting at Boston in 1652. Offering to make Out the Right and title of yo r Pet r to the Province of New Hampshire and other lands ag fc all ^sons whatsoever yet noe Restitution Could be Obteyned without a Submission to their authority, and to hold the lands from them which the Pet r then did Refuse, and hath allw^aies Refused, Chuse- ing Rather to Waite for more happy 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 r Pet r haveing as Equall a Right to the Governm’t in the said Province as he hath to the Land it selfe, all which appeares by a Report made to yo r Ma’tie the 15 th of ffebrur’ay 1661, when yo r Pet r first Expos’d to } T o r 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 r Pet r most humbly implores Your Ma’tie to take notice that 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 CHARTER RECORDS. Utider Couller of Right and authority from The Crovvne devoured yo r Pet r and other Proprietors whose titles are by yo r Ma’ties learned Councell allowed as Strong as the Law Cann make them. That all Waies have been trved and Methods Used to Obtayne Justice from the Bostoners, but all have Proved ineffectual], that yo r Pet rs 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 r Ma’tie will but Consider how small the Respect has been wherewith those People have treated yo r Ma’tie since yo 1 Happy Restauration, and what dayly Breaches are by them Made upon yo r Ma’ties Acts of Navigation, which turnes soe greatly to the Detriment of this Kingdome in Generali, These Losses & suffer- ings of a ^ticular Subject cannot much be question’d soe that Yo r Pet r humbly hopes that yo r Ma’tie will think it high time to stretch forth yo r Royall hand of Justice to assist yo r Pet r 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 rs and yo r Ma’tie in vo r Royall Wisdome shall think most fitt. And yo r Pet r shall Ever pray Rob* Mason. Answer of Massachusetts to Mason and Gorges’s complaints, etc., State Papers, Vol. 1, pp. 826-338. Abstract of Robert Mason’s title, State Papers, Vol. IT, p. 533. [ Report on Mason's Petition .] [Council Book, Vol. 1, p. 39.] To the Kinges most Excellent Ma According to yo 1 Ma tie3 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 1 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 MASONIAN PAPERS GENERAL. 105 behalf, Uppon produceing of divers Letters Pattents, and Examinac’on of Witnesses, wee That Cap 4 Jn° Mason, Grand father to Robert Mason, one of the Petitioners, and Godfrey, one other of the Pettic’oners by Vertue, of Severell, Letters Pat- tents, under the great Seale of England, Graunted unto them, and others, by y r Ma ties Late Royall 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 4 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 yeares, 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- ing, the said Edward Godfrey, hath not onely beene turned out of his Said of Governour, butt hath beene Utterly ousted and dispossessed, of his lands, and Estate, in that w ch the inhabi- tants of the Massachusets have forcibly Seized, and still doe deteyn & That itt appeares, as well by Testimony of Witnesses as by a Coppie that they were not to act anything Repugnant to the Lawes of England, Nor their bounds and Limmits of the Said Reservac’on farther then three miles Northwards Merrymacke River, And as a Memorial, and Evidence thereof, the Governour, of the did Set up, an house, about Thirty } r 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 Incroach Plantac’ons, and Inheritances, of the Petition 1-8 , and other, yo r Ma 4ies Sub Menaces, and Armed forces, Compelled them, to Submitt, to their usurped Government, which they have declared, to bee Independent, of this yo r 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 Stampe, 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- liquely, to affirme, that iff his Ma tie 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 Countiy, 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 V allew of five Thousand pounds, according to the Judgnff, 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 r Ma tie in duty, and Obedience, to yo r Com’ands, not presumeing, to offer any opinion, in a buisnesse, of Soe high Importance, wherein the Publicque Interrest, and Government, of yo 1 Ma tie appeares, Soe much Inter- mixt, and Concerned, with the private Interrest, of the Petic’oners. Rob 1 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. <§, 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 th of October last I have Con- sidered thereof and Examined the Title & Claim of the Petitioner to the Province of New Hampshire in New England, and do find that your Majesty’s Royal Grandfather 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 in the Eighteenth 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 Man nor of East Greenwich 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 r Grandfather to the Petitioner b}^ Vertue of several Grants from the said Council of New England under their Common Seal bearing date the 9 th day of March 1621. the 7 th day of November 1629. and the 22 d 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 th November 1660. — G Palmer. The Original was delivered unto S r W m Morrice, pincipal Secre- tary of State — Vera Copia Rich : Partridge Cler. Pro : of N. Hamp r Vera Copia from the Superiour Court Records the 8 th June 1704 — ^ Theod r Atkinson Cler. Copy of that on file in a Case Allen vs Lawrence tried 1704 / 5. Examin’d ^0 Geo : Jaffrey Cl 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, 16757\ [Masonian Papers, Vol. 1, p. 7.] May it please your Lord ps In Obedience to yo r Lord 118 order of reference to us upon the Peti- tion of Robert Mason we have Considered thereof and Exam* 1 the title and Claim of the Petitioners to the Province of New Hamp- shire in New England and do find that his Maj ties Royall Grand- father King James of Ever Blessed memory by his highnesses let- ters pattents under the great Seale of England bearing Date at westmin r 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 r 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 d day of Aprill 1635 was Instated in fee in 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 Councell of New England by virtue of his maj ties 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 th may W m Jones 1675 Fra: Winnington a true Copy William Blathwaite The original was Deliv d to S r Rob fc Southwell Vera Copia True Copy Exam d ^ Richard Partridge Cler — ^ B Gambling Clerk MASONIAN PAPERS GENERAL. 109 [Endorsed] S r W m Jones att : Gen 1 S r Fra: winning-ton Sol r Gen 1 y r report concerning Rob r Mason his Title to the prov : of new Hampsh r in new England 17 th may 1675 [ 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 r 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 by the Peticon rs and it appeared to us that the said Lands are now in the possession of seaveral other p r sons not before us whereupon wee thought not fitt to examin any claimes to y e said Lands it beeing in Our Opinion improper to Judge of any titles of Land w th 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 1 cours of Justice there for Injustice or Greivance Wee did in the presence of the said parties examine their seav- erall claimes to y e Governm 1 and the petic’on 1- haveing weighed the pretence of a grant of governm 1 from y e Counsell att plimouth wherein they where Convinced by there Own Counsell y* no such power or Jurisdiction could bee transferred or assigned by any Col- our of Law The question was Reduced to the province of Maine whereto y e Peti r Gorges made his Title by a grant from King Charles the first in y e 15 e of his Raigne made to S r 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 1 was granted to them and produced coppies of Lett 19 pattents wherein it is recited that y e 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 Massachuts Bay and also all and singuler the Lauds 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 southermost part of the said Bay called Massachusetts Bay and all those 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 v e Maine Lands there from the Atlantick and western Sea and « / Ocean on v e East pt to y e South sea on y e west By the said Letters patents the king Confirmed that grant made them a Corperation 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 e own- ership of y e soyle the Boundereys of which is recited in the patent wholy excluded the province of Main which lyes norward more then 3 miles bevound the River Marmack. w Wee have Considered the Matters and Doe humbly Conceave as to the first Matter that the patent before Carol i p m0 is good not with- standing they are not made in 18 Jacoby for it appeared to us in the Recitall in y e Patent 4 Caroli p mo that the Councell of Plim 0 had granted away all their Intrest in the Lands the year before and it must bee presumed they deserted v e 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 mo 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 e 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 MASONIAN PAPERS GENERAL. Ill | Letter from King to Massachusetts Government , March 10 , 1675-6 . ] [From manuscript volume in possession of Maine Historical Society, p. 49.] 10 March 75-6 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 fferdinando Gorges Esq rs to interpose Our Royall authority for their releif in the matter of their Claimes and Right pretended by them to the Two provinces of Newhamp shire and Main , in Our Territory of New Eng- land, out of the possession whereof they are kept 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 Councill, 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 you. 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 before Us in Six Moneths after yo r Receipt of these Our Letters, Who being fully instructed and Suffi- ciently impowred to answer for you 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 publick 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 r Answer, or render Us an Account of yo r proceedings in this matter. And soe Wee bid you farewell Given at Our Court at Whitehall the 10 th day of March 167fin the Eight and Twentieth year of Our Reign/. By his Maj ties 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 . j [From manuscript volume in possession of Maine Historical Soci- ety, p. 50.] Charles R. 24 juiy Trusty and Welbeloved Wee Greet you well These Our Letters are to accompany Our Trusty and Welbeloved William Stoughton and Peter Bulldey , Esq rs 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 r affaires as is certainly necessary, not only in respect of Our dignity, but of your owne perfect settlement. But it is very probable, that if either yo r 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 you choose out such other htt 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 r applications in what is expected or desired by Us, so much it is yo r interest to propose and intercede for the same, ffor Wee are graciously inclined to have all past errors and mistakes forgotten, and that yo r condition might be soe amended as that neither yo r 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 the great readyness wherewith Our good Subjects 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 Our Express Commands obliged them unto, as will appear in Our Gracious Letters of the 28 th June in the fourteenth 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 wa} T 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 forfeitures or other incapacities for the same, which is a Severity the more to be wondred at, when as Liberty of Conscience was made €/ one principall motive for 3 ’o r first transportation into those parts. Nor doe Wee think it fitt, that any other distinction be observed in the making of freemen, then that they be men of competent estates rateable at Term shillings according to the Rules of the place, and that such in their Turns be also capable of the Magistracy, and all Laws made void that obstruct the same. And because Wee have not observed any fruits or advantage by the dispentation granted by Us in Our said Lett rs of June in the fourteenth year of Our Reign, whereby the Number of Assistants setled by the Charter to be Eighteen might be reduced unto the Number of Tenn Our 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 all persons coming to any privilege Trust or Office in that Colony be first enjoined to take the Oath of Allegiance, And that all the Military Commissions as well as the proceed- ings of Justice may run in Our 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 r to be Our Collector 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 r help and assistance in all things that may he requi- site in the discharge of his Trust./ There is one thing which Wee cannot omitt to left you know Wee are Surprised att, which is That during the time Wee had the Complaints of M r Gorges under Our consideration, you should presume without asking Our Royall permission to purchase his Interest in the province of Maine , the Truth whereof is but lately owned by yo r said Agents, when allmost at the same time Wee come to heare of some Effects of a Severe hand laid by you on Our Subjects there, in consequence therof. And whereas yo r Agents declare you have paid to M r Gorges the Summ of Twelve hundred pounds for the said province, 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 treaty for the said prov- ince, and doe disapprove what you have done therin. And as for that part of the province of Newhampshire lying Three miles Northward of Merrimack River, which was granted unto M r Mason, and wherof the Govern- ment remains still vested in Us, you are not to expect (according to the desire of yo r Agents) that the same shoidd be annexed to yo v Government, ffor Wee 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 recall 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 r selves unto the Resolution which Wee have taken in this behalf. And soe not doubting of yo r Duty and Obedience herein Wee bid you ffarewell 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 ts Command To Our Trusty and well- Sunderland %/ beloved the Governor and Company of the Massach usets Bay in New England/. 116 CHARTER RECORDS. “ M r Gorges Selling the Province of Maine to y e Massachusetts & overtures to M r Mason from y* Colony for New Hampshire,” March, 1679-80, State Papers, Yol. 17, p. 538. Petition of Robert Mason, received Aug. 6, 1680, State Papers, Yol. 17, p. 540. [. Letter from the King to the Massachusetts Government , Sept. SO , 1680 .] [From manuscript volume in possession of the Maine Historical Society, p. 53.] Charles R. 3°se pt Trusty and Wellbeloved Wee greet you well. When 32 car, 2 by Our Royall Letters bearing date the 24 th da} 7 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 r ready obe- dience to Severall particulars therein contained, requiring with all a speedy complyance with the intimations of your duty given to yo r late Agents during their attend- ance here, all which Wee esteem essentiall to yo r 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 th of May last, that very few of Our directions had been pursued by yo r Generali Court, the further consideration of the remaining particulars having been putt off upon insufficient pretences, and even wholly neglecting your appointment of other Agents, which were required to be sent over 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 r , whose Ancestors obtained diverse Grants and made MASONIAN PAPERS GENERAL. 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 plantations had made such a progress, that the right of Our Subjects had allready been therupon setled, without the humble intreaty of yo r 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 1 Agents were able to informe you. And alltliough 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 Us 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 r duty towards Us, soe as no further occasion of complaint may be offered in respect of yo r behaviour. Wee doe therefore by these Our Letters strictly command and require you, as you tender yo r allegiance unto Us, and will deserve, the effects of Our Grace and favour (which Wee are inclined to afford you) seriously to reflect upon Our Commands contained in Our said Letters and other directions at severall times intimated unto yo r 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- ernment, and to answer yo r proceedings therein. And that the matter of Complaint of the said Robert Mason may be then determined, Wee expect that yo r Agent or Agents be not onelv prepared to lay before Us such Evi- dences of Right, as you may have to the propriety of Soyle in that Tract of Land claimed 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 r 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 f ully r satisfied in Our Royall Justice, that they have not been prevented in the full improve- ment of their lawfull defense, which Wee hereby direct them to make before Us in Councill, such is the care and tenderness, that Wee will always continue towards you, and other Our Subjects, by removing those difficulties and mistakes, that have arisen by the Execution of the powers of yo r 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 Ivingdome 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- erali 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 30 th day of September 1680, in he Two and Thirtieth year of Our Reign/. By his Maj ts command Sunderland. To Our Trusty and Welbeloved the Governor and Magistrates of the Massachusets 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 HampslT 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 MASOMIAN PAPERS GENERAL. 119 of title and the determining Any demands which Might be made by our well beloved Subject Rob 1 Mason Esq r as Proprietor under us of that Province by virtue of a Grant derived from Our Royal Grand- father King James under the great Seal of England we have So Composed all Matters with him that for the time passed untill the 24 th 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 l$ th day of September in the One and thirtieth year of our reign. And Whereas the Said Rob 1 Mason hath humbly Signified to us that he is preparing to transport himself for the taking care of his affairs and intrests in the Said Province & 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 chieflv concerned in the welfare of that our Province we have further thought fit to constitute and appoint him to be one of our 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 require 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 or 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 d Province that they may govern themselves accordingly — and so we bid you 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 Trusty & well beloved the President & Council of our Province of new IIamp r in new England The above is a true Copy as it stands recorded in the Council Book of the Province of new Hampsh r Examined this 12 th day of august 1707 120 CHARTER RECORDS. Charles Rex above not being in the Council Book ^ me W m Vaughan Record r True Copy Exam' 1 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. Cranfield’s Commission , May 9 , 168&.'] [Masonian Papers, Vol. 1, p. 10.] L l Gov r Cranfeilds Com’ission from King Charles the 2 d in the 34 th 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 e Agents Duly impowred by our said Collony of y e 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 e Ancestor of Rob“ Mason Esq r obtained Grants from Our Great Councill 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 Complaint for Justice by the said Rob lt Mason Ever since our Restoration however to Prevent in this Case Any unreasonable Demands which Might be Made by the Said Rob u Mason for the Right he Claims in the said Soile wee have oblidged the said Rob tl Mason under his hand & Seale to Declare that he will Demand Nothing for y e time past which was in the year of our Lord God untill the 24 th Day of June 1679 Nor Molest any in their Possession for y e 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 by them & of all Lands whether Gardens Orchards Arable or Pastire which hath been Improved by them which he will Agree shall be bounded 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 fc Mason which Semes to be fair unto us Any of v e Inhabitants of the s d Province of New Hampshire shall refuse to Agree with the said Rob 1 Mason or his Agents upon y e 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 may arise between y e S a Rob 1 Mason & the inhabitants But If you Cannot Then we doe hereby Command & requier you to Send unto England Such Cases farly & 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 fc Gov r Cranfields Com’ission as on file In Allen & Wal- drons Case formerly Tryed Copia Vera y e 5' 11 Novem r 1707 Test Theodore Atkinson Cle r The above is a Copy of that on tile in a Case Allen v s Waldron Examin d ^ Geo: Jaffrey j r Cle: [King's Proclamation , June 23, 1682.'] [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 r representing y e great hard- ships & injuries lie has for many years suffered by being opposed in y e prosecution of his right by Our Corporation of y e Massachusets Bay, and by them wrongfully kept out of possession of a Tract of land lying between y e Rivers of Naumkeck and Merrimack, & three miles Northward thereof, granted unto him by vertue of Letters Patents from Our Royal Grandfather of Blessed memory : And whereas We have received the Opinion of Our Attoiny & Sollicitor general, that y e said Rob 1 Mason, who is Grandson & heir of John Mason, has a good and legal Title to y e Lands convey’d to him by y e name of the Province of New Hampshire, whereupon We were pleased to referr y e matters in difference between Our said Cor- porac’on and the Complainant unto y® Lords Chief Justices of Our Courts of Kings Bench & Com’on pleas, who have presented Us with their Report, setting forth, that all Parties appearing before them, William Stoughton & Peter Buckley Esq rs your Messengers & Agents had disclaimed Title to y e Lands claimed by y e Petic’on r ; And that it appearing to them that y e said Lands were y 11 in y e pos- session of several other persons not before them, so they esteemed it most proper to direct y e Parties to have recourse to the Judicature setled upon the place for y e 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 e end therefore that Justice may be administred withy 0 most ease; and y e least expence to all y e sd Parties who shal see cause to defend their respective Titles, We have thought fit hereby to signify Our Pleasure unto you, that y e s d Robert Mason be forthwith admitted to prosecute his Right before }' e Courts of Judicature established limits of that Our Corporac’on ; & that in all cases Mason shall claim any improved Lands, & that v e shal dispute his Right, a Trial at Law may b wherein no ^son, who has any Lands in y e servants or tenants under him depend which such person shall be so impl And that if it shal so happen, that y e dispensation of Justice hereby directed shal be clelayd by you ; or such Judgment given, wherein y e s d Robert Mason shal not acquiesce, he may y n appeal unto Us in Our Privy Councel ; & that all ^sons concerned be obliged to answer such appeal within y e term of Six months after y e same shal be so made And for as much as Yo r sd Messengers have in yo r name disclaimed before y e Lords Chief Jus- tices as aforesd, all title to y e Lands claimed by the sd Rob 1 Mason, Our further Wil & Pleasure is, That in case y e said Rob fc Mason shal lay claim to any ^cel of Lands situate within the bounds aforesd, which are not improved or actually possessed by any partic- MASONIAN PAPERS GENERAL. 123 ular ^son or tenant in his own right, you do thereupon proceed to put y e sd Rob 1 Mason into y e possession of those Lands, & cause his Title to be recorded, so y t he may not receiv any further disturbance thereupon. And in case you shal refuse so to do, & shal not show good cause to y e contrary within y e space of Six months after demand of possession so to be made by y e sd Rob 1 Mason, We shal then without further delay take y e whole Cause of y e sd Rob 1 Mason into Our considerac’on in Our Privy Councel, with the damages sustained by him by reason thereof, & shal give Judgm 1 upon y e whole matter as in a cause where Justice has bin denied. And to y e end y e sd Rob fc Mason may not be any ways hindred in y e prosecu- c’on of his right, We do strictly charge & com’and you to secure him, his servants & agents from any arrests & molestations whoever during his or their aboad within y e limits of yo r Jurisdiction, We having granted him Our Royal Protection until y e matters com- plain’d of by him shal be fully determined And so expecting yo r ready obedience to Our Com’ands hereby signified unto you, We bid you farewel. Given at Our Court at Whitehall y e 23 1 * 1 day of June 1682 in y e ffour & thirtieth Year of Our Raign. By His Maj ts Command L : Jenkins Superscr. To Our Trusty & Welbeloved y e Govera r & Company of Our Colony of y e Massachusets Bay in New England. Vera Copia from y e Original mined by it being left in ds by Rob 11 Mason Esq r Chamberlain Seer -Prov ce of New HampslT [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. [ Statement of Richard Chamberlain , 16831\ [Council Book 1, p. 77.] New Hampsh ) I Richard Chamberlain Esq 1 ' Just P. for His in > Ma ts said Province, do humbly certify, That New England. ) William Vaughan of Portsmouth in the sd Province Esq r , & Rich d Waldron of Portsm th aforesd MerclP on the ffirst day of November instant, came to me to make oath in relation to M r Masons conveyance (to the Govern 1 ) of this Province Which I was ready to take, having bin appointed thereto by the Governor according to the Letter of the Right Hon ble 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 e clearing of Truth) for what term y e Conveyance was, and whether absolute, or condic’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 my sole business, both to give the Complain ts Copies of any Records or Papers in my custody whoever they should desire, (& had so done to several of them,) as also to take the Depo- sitions of many of y m , sum’oned & 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 r nor proceeded to make any other proof. And the Governor Ordered me to tell them when they should come to me again, y t they should have Copies of the abovesd Conveyance to y e Govern 1 from M r Mason, for payment of 150 1 ^ an for 7 years toward his allowance, y e sd Deed bearing date y e 20 th June 1682. And the Govern 1 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. Cran field to Commissioners of Trade and Plantations, Dec. 1, 1682; State Papers, Vol. 17, pp. 570. 575, 578, 580, 591, 592. [. Deed , Mason to Ceorge Broughton and others , April 12, 1683 . ] [Council Book 1, p. 38.] Thts 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 e 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 1 ’ Proprietor of y e Province of New Hampshire in New England of one part And George Broughton of Berwick in the Province of Main Gent Richard Otes of Cacheecha within the p r 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 W here as 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 e 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 infeoff & 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 pbnisses a conven- ient Path or high way for com’on use if it shall be found needfull Also Excepting & reserving out of this present Grant to y e s d Rob fc Tufton=Mason his heirs & assigns All Mines & minerals that shall be found or be within y e pbnisses hereafter And all Pine trees fitting for masts of ships of ffour & 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 d 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 l John Baptist and y e Nativity of our Lord God by equal porc’ons Without any abatement of defalcac’on whatsoever The first paym 1 to be made on the said ffeast of 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 CHARTER RECORDS. Robert Tufton=Mason to the sd Broughton Otes and Chadborn 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=Mason his heirs & assigns Double the mony so behind and unpaid. And the said Robert Tufton=Mason for himself his heirs & assigns doth hereby covenant with y e sd George Broughton Richard Otes & James Chadborn their heirs and assigns That he the said Robert Tufton=Mason his heirs and assigns the hereby granted premisses to the said George Broughton Richard Otes & James Chadborn y r 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 Buttals and boundals of and upon any the hereby granted premisses And at the end of every ten years deliver to the said Robert Tufton=Mason his heirs and assigns a Terrer fairly ingrossed of the said premisses with 3^ e 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 ) P 1( ^P r ^ e ^ s I f seal. \ Endorsed thus. Sealed & delivered in p r sence of Walter Barefoot Rich' 1 Chamberlain. Vera copia Teste Rie d0 Chamberlain Prothon 10 October l m0 1683. [ Certificate of Gov. Cranfield , Sept. 1683.] [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^ was gra- MASONIAN PAPERS GENERAL. 127 ciously pleased, by an Order in Councel of the Twenty fifth of Jan- uary One thousand six hundred eighty and one to the Lords Com’iss 13 of His Ma ts Treasury, to make an augmentac’on to my allowance as Govern 1- of the said Province; And among other things Ordered S r Robert Sawyer K l His Ma ts Attorny Generali, and others His Ma ts Councel learned in the Law; to settle as well all the Hines and forfeitures, and one fifth part of the Quit rents, was then sur- rendred to His Ma ty in Councel by Robert Mason Esq r the Proprie- tor of the said Province, by a grant derived from His Ma ts Royal Grandfather; The surrender was graciously accepted by His Ma ty from the said M r Mason as lawful Proprietor of the said Province, and the Deed was acknowledged and ini oiled in His Ma ts 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 e Original Teste Ric d0 Chamberlain Seer 10 [Mason vs. Vaughan , etc., 1683.] [Masonian Papers, Vol. 1, p. 11.] Newham pshire To James Sherlock Gent Provost Marshall or his Deputy In his Maj ty8 Name you are hereby required to attach y e Goods or for want thereof the body of W in Vaughan of Portsm 0 in y e S d Pro: Esq r & take bond of him of one Thousand pounds Value with Suficient Surety or Suretvs for his appearance at the Court of Pleas to be held at Great Island in t lie said Prov : on the First Tuesday in November next Ensueing the date hereof Then & there to ans 1 the Complaint of Rob 1 Mason Esq r proprietor of y e S' 1 Prov e in an Action of Trespass for Illegally Keeping him out of possession of Certain Lands & Tenem ,s in Portsmouth aforesaid and felling his woods to his Damage one Thousand pounds or what shall Justly appear Fail not & make yo r return according to Law dated the Eight of Octob r 1688/ R : Chamberlin Protho Att a Court of Pleas held at Great Island 6 th of Novemb 1- 1683 Walter Barfoot Esq r Judge Nath" Fryer & Henry Green Esq rs Jus- tices assistance — Verdict — The Jury find for the Pla 1 Ilob 1 mason Esq r Proprialor of the Prov e of Newham pshire v e Lands & Tenem t# Sued for accord- 128 CHARTER RECORDS. in g to the Royal Commission with Two shillings Damage and Costs of Court The Costs are £6-7-2 Entering the Action £1 — 0 — 0 attachm 4 & Serving 0 — 3 — 0 Swareing witnesses 0 — 1 — 8 five witness attending five Days 1 — 17 — 6 attorneys fees 0 — 5 — 0 M r Masons Charges & Expences 3 — 0 — 0 The whole is £6 — 07 — 2 Nath 11 Wear of hampton Yeoman attached in £500 as in the writ of Vaughan, The Jury finds as above 5 Shillings Damage & Costs of Court — Rich d Waldron of Cochecho Esq r 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 d Chamberlin Esq r Secretary of his Maj ties Province of Newhampshire do humbly Certifie that upwards of Thirty Six per- sons of the Inhabitants & freeholders in y e s d Prov e have been sworn of the Jury upon the actions brought by Rob 4 Mason Esq r propriet r & y 4 several persons whome m r mason had Sued & had Judgem 4 ag 4 them were afterward Summoned to be of the Jury in the like Actions Some whereof ware fined for refuseing to be of y e Jury others for not appearing & some desired to be Excused from being put on the Jury & y 4 in the actions which were tryed in ap r & may Last being about Thirty The Jury found Damages to m r mason from five pounds to Tw r enty pounds according to the value of the lands the Def 4 possessed, & that M r 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 — Sam 11 Wentworth Rich d Webbe James Rendell John Lewis Edward Carter Tho s parker Portsm 0 Sam 11 Clarke Rich d Sortridge James Leach Jun r Great Island Shadrach Walton James Robinson Jeremiah Hodsdon John Seve James Leach Sen r Joseph purmott Humphery Spencer Henry Russell MASON IAN TAPERS GENERAL. 129 Benj a Mathews Step 11 Otis Henry Roby Thomas Marston John lock W m liilton Sam ]1 liall Dover John Rand Edward Leathers Hampton VV m Marston John Redman Exeter Sam 11 liilton Edward Sewell Rob 1 Wattson W’ 11 Graves Nath 11 boulter Chr : Palmer Francis Lyford Charles liilton Such of the Jury as were excepted ag l were Sworn upon A Voire dire that they shall not have profitt or Loss in the Cause Vera Copia Rich' 1 Partridge D Cler. Pro : Newhampshire Vera Copia from the Superiour Court Rec- ords Compared the 8 th of June 1704 ^ Theodore Atkinson Cle r Vera Copia Compared the 9 th July 1704 — ^ Theodore Atkinson Cler Copy Examin’d <|9 Geo: Jaffrey Cl [ Conveyance , Mason to Lyford , Oct. 29, 1683 . ] [ Mason ian Papers, Vol. 1, p. 12.] This Indenture made y e 29 Ul day of Oct r In y e 35 th year of y® Reign of our Soveraign Lord Charles y® 2' 1 by y e Grace of God King of Engl d Scotland France & Ireland Defend 1, of y e faith &c An°q : Dom: 1683 Between Robert Tufton Mason Esq r Proprietor of y* Pro* of N=Hamps r In N=Engl d of one part & Francis Leyford of Exeter In y e s d Pro® Mariner of y e other part Witnesseth y l w r as v® s' 1 Rob 1 Tufton Mason by virtue of a Grant from King James of famous Memory In y‘‘ 18 th year of v® Reign is Instated In Fee of al those Lands Island 8 & Rivers Lying Between y® Rivers of Naum- kege & Piacataqua (’all* 1 N=IIamps r & of al Rights Royalty’s & Pre- heminencys w tb in y® Same Now this Indenture further Witnesseth y l y® s' 1 Rob f Tufton Mason for divers good Causes & Considerations him thereto Especially Moveing hath Grant' 1 Bargain' 1 Sold Enfeoff' 1 o 130 CHARTER RECORDS. & Confirm ' 1 & hereby doth Grant Bargain Sell Enfeoff & Confirm to ye s d p ranc [ s Leyford his heirs & Assigns all y 1 ^Jcell of Pasture Land In Exeter afores d Com’only Call ' 1 or known by y e Name of Sam 11 Dudley s great Pasture Containing about Sixty Acres Also fif- teen Acres of Marsh land or thereabouts adjoyning to y e s a Pasture land Bound ' 1 Westerly bv y e highway Notherly by y e land of Corne- lius Lary Easterly by y e River & Southerly by Staniels Creek Also Seven Acres of land In y e sheeps Pasture lying on y e West Side of y e highway Begining at y e Nothermost End or Side of Sam 11 Dudley Dec ' 1 his House all w ch flmisesare now In v e Possession of y e s d Francis Leyford Excepting out of Each ^cel of y e s d finises a Con- venient Path or highway for Com’on use if it shal be found needful — Also Excepting & Reserveing to y e s d Robert Tufton Mason his heirs & Assigns out of this ^sent Grant all Mines & Minerals y 1 shall be found or be hereafter w th in y e finises & al Pine Trees fit for Masts of Ships of four & twenty Inches throu to be measured ten foot from y e Ground To have & to hold y e s d land w th y e Houses thereto Belonging w th y e Appurten 8 (Except Before Except' 1 ) to y e s d Francis Leyford his heirs & Assigns to the Only use & Behoof of him y e s d Francis Leyford his heirs & Assigns forever — Yielding & paying therefore yearly & Every year forever to y e s d Rob 1 Tufton Mason his heirs & Assigns y e An’ual Rent of thirteen Shill’s of law- ful Money of N=Engl d & one Shill:’ for Every Dwelling House (more then one) y 1 is or shal be Built upon the ^mises on y e feast of s 1 John Baptist & y e Nativity of our Lord God by Equal portions w lh out any abatem 1 or Defalcation whoever & if it shal happen v e s d An’ual Rent of thirteen Shill s & one Shill:’ or any part thereof to be Behinde & unp d by y e Space of twenty days next after Either day of paym 1 afores d Being Lawfully Demand d then y e s d Francis Leyford his heirs & Assigns shal forfiet & pay to y e s d Rob 1 Tufton Mason his heirs & Assigns double y e Money so Behind & unp d & y e s d Rob 1 Tufton Mason for himself his heirs & Assigns doth hereb}^ Coven 1 w th y e s d Francis Leyford his heirs & Assigns y 1 he y e s d Rob 1 Tufton Mason his heirs & Assigns the hereby Grant d ^pmises to y e s d Francis Leyford his heirs & Assigns ag 1 all ^sons shall & will Warrant & forever hereby Defend & y e s d Francis Leyford for him- self his heirs & Assigns doth hereby Coven 1 w th y e s d Rob 1 Tufton Mason his heirs & Assigns y 1 he y e s d Fran 8 Leyford his heirs & Assigns shal & wil from time to time preserve & keep y e Buttalls & Boundals of & upon any y e hereby Grant d flmises & at y e End of Every ten years deliver to y® s ' 1 Rob 1 Tufton Mason his heirs & Assigns a Terror fairly Ingross d of y e s d ^mises w lh y e most known Buttals & Boundals of y e Same In Witness w r of y e parties hereto MASON IAN PAPERS GENERAL. 181 have Interchangably Set their hands & Seals y e day & year first above written Seal d & D d In ') Robert Tufton Mason [seal] ^sence of [ Rich d Chamberlain f Henry Crowne J Enter' 1 & Record 11 According to y e Originall y e 10 th day of May 1693— Tho s Davis Secry Pro e New ( the foregoing is a True Copy from Lib r N° 4 : fol° Hamps r \ 36 & 37 — Exam d this 9 lh da} 7 of Dec r 1737 ^ Josh : Peirce Record r [ Robert Mason's Waive r, l)ec. 5, 1683 .] [Council Book 1, p. 62.] Whereas Robert Mason Esq r hath obtained Judgement against &c &c & all persons Inhabitants of y e s d Prov e 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 & Suspend Execution with a New Tryall with Each person in any of his Maj t8 Courts in Westm r Hall, Either in Easter or Trinity Terms Next ensuing provided the Defend 1 doth give in Security to this Court to pay Such damages as shalbe awarded to him the Said Mason by any his Maj t8 Courts aforesaid And he doth allow One Moneths time from this Day being the 5 th DecenT 1683 for giving in Such Security ip, 'oclamation about Deeds, Feb. 17. 1683-4 .] [Council Book 1, p. 85.] New Hampshire By the Govern r Whereas Robert Mason Esq r hath made complaint unto me, that very few of the Inhabitants have come to him to take Deeds of their lands in this Province from him according to y 0 condic’ons laid down 132 CHARTER RECORDS. in His Ma ts Royal Com’iss 11 of the 9 th of May 10«2, notwithstanding lie hath bin upon the place for almost five months time ready to grant the same upon y c terms aforesd : But now in regard several! persons may still expect the same benefit after y e prosecuc’on of His Claim, he hath desired me to signify to all persons concerned that they have one months time after the date hereof to make an agree- ment with himself (if they think lit) otherwise I am desired to certify to His Ma ty such their refusal!, that the sd Mason may be discharged from such Obligac’on : Given under my hand & y e Seal of the Province y e 17 th of ffebr 1083. Edw : C ran field Vera copia from y e Original j Teste Ric do Chamberlain Seer 10 j Statement of Walter Barefoot, Nov. 6, 1684, State Papers, Yol. 1, p. 503. Petition of inhabitants against Mason, 1085, 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 . ] [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 r 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 thereof 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 Granted 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 Merimaek River and to Lye full Six English Miles on each Side of said River, 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 Standeth, 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 rd Major Simon Willard Esq 1 went with his Company, when sent by the Hon rd General Court up said River upon Discovery, 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 Wanalansit for himself his Heirs and Administrators Do Covenant with the said M 1 Jonathan Tyng his Heirs and Assigns by these Presents that he said Wanalansit, 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 Proper 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 Wanalansit 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 r ] Samuel Beale The Mark of Capt C Tom — , Wanalansit (Seal) Signed 134 CHARTER RECORDS. This Writing freely Acknowledged by Wanalansit the 27 th of October 1685. Before me Daniel Gookin Assistant Entred and Recorded According to the Original this 10 th of November 1686 A true Copy as of Record Examined ^ J Willard Sec’ry [ Depositiovis about Mason Property , 1685 . ] [Masonian Papers, Vol. 1, p. 15.] George Walton of Great Island in the Province of New Hamp- shire Yeoman aged Seventy years or therabouts testifieth That lie hath been an Inhabitant in the said Province about fifty years that most part of the Lands he now possesses were granted by Cap 1 Henry Jocelyne Steward to Cap fc Mason the Proprietor That this Deponent doth very well know that Cap 1 Mason had many Servants & a great Stock of Cattle upon his lands, That the said Servants and others after the Decease of the s d Cap 1 Mason did imbezill and mine the Estate & particularly Cap fc ffrancis Norton Agent or Stew- ard to Cap 1 Mason or his heirs about fforty years Since did Drive from off Cap c Masons Plantation at Pascattaway Called the Great House about one hundred head of Great Cattle w ch were then usu- ally valued at ffive & twenty pounds the head And as this Deponant was credibly informed the aforesaid Cattle were Sold in or about Boston by the Said Norton who also Setled himself therabouts & Deserted Cap 1 Masons Plantation that there upon the rest of the Stock goods & implements belonging to Cap 1 Masons Plantation were made away by the Said Servants and others And this Depo- nant doth very well remember y e ffort built by Cap 1 Mason upon the Great Island in the Same place where the ffort now Stands & that it was Strong & Substantially 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