Indorr Claur Cancellar infra script Domini Regis et Domine Regine Tricessimo die Aprilis Anno infra Scripto Andrew Young Reg Rich Partridge Cler. [Robert Tufton Mason's Will, Oct. 21, 1692.] [Masonian Papers, Vol. 1, p. 25.] In the name of GOD amen I Robert Tufton Mason of the Town of Portsm° in the Prov: of New Hamp' in New England being in health of body and sound in mind do make and appoint this my last will and testament in manner & form as follows, revoking all other Wills made heretofore IMPRIMIS I Com'eud my soul into the hands of Almighty GOD my Creator in full hope and assurance of a Pardon for all my sins com'itted in my life past My body I com'it to the earth to be decently buried at the discretion of my Executrix hereafter named Item-I Give and bequeath to my dearly beloved Wife Katharine Tufton Mason, the one half of all my Estate whatsoever that I have, or hereafter might have dureing her natural life, and after her decease three fourths of her part, to fall unto my son John Tufton, to him & his heirs forever, & the other fourth part to go to my daughter Eliza Tufton and to her heirs forever Item-I Give and bequeath to my son John Tufton one fourth part of all my estate whatsoever to be paid him when he Shall arrive at the age of twenty-one years, and that if it Should please GOD, that he should dye before he comes of age, or without lawfull Issue, then his part to fall to my daughter Eliza Tufton and to her heirs forever Item-I Give and bequeath to my daughter Eliza Tufton one fourth part of all my Estate whatsoever to be paid her when She Shall Arrive at the age of eighteen years, or upon the day of her Marriage if she marries with her mother's consent: But If It should please GOD that She should dye before She comes of the age of eighteen or Marry then her part to fall unto my son John Tufton and to his heirs forever.-But if it should please GÖD that my son John Tufton, and My daughter Eliza Tufton should both dye before they come of age or before they marry, then the one half of both their parts, I Give unto my wife Katharine Tufton and the other half I give unto my sister Eliza Tufton, and if it should so please GOD, that my wife should out-live both my son John Tufton, and my daughter Eliza Tufton, or that they dye without lawful Issue then I Give and bequeath all my wife Katherine Tufton her part unto my sister Eliza Tufton. Item--I Do appoint my dearly beloved Wife Katharine Tufton to be my sole and only Executrix of this my last will, and to see my will performed, and to take care of both my Children, and to see that they are brôt up as they ought to be, and that when they Shall arrive at the age of receiving their portions To pay them justly.— And I do strictly charge and Com'and both my Children to carry themselves dutiful and obedient unto their mother, so long as she shall live, and that they live in love and unity one with another, so long as it please GOD they both shall live, and that they carry it respectively to their Grandfather and Grandmother with all their Uncles and Aunts, and behave themselves justly to all persons, fearing GOD, & honouring the King In Witness hereof I have hereunto set my hand and seal the twenty first day of October one thousand six hundred ninety two Signed & sealed In presence of Henry Sherburn Robert Tufton Mason [seal] Susan Wiggin Copy Henry Sherburn aged 72 yrs, Sarah Sherburn aged 69, and Susanna Johnson (formerly Wiggin) aged 67 yrs, made oath that their names subscribed, as the names of Witnesses to this testament, were of their own hand writing respectively, and that they firmly beleived Rob Tufton Mason sign'd & seal'd it in their presence, and that they signed as Witnesses at the same time, and also that he was of a Sound mind at the doing thereof. May 27, 1738 Copy same (to This will is not yet approved and allowed; the same gether with the testimony of the Witnesses,) being under the Judge's consideration— [Robert Tufton Mason's Commission as Attorney-General, May 28, 1695.] [Masonian Papers, Vol. 1, p. 26.] JOHN USHER Esq' Lieut Govern' Comander in Cheife [Seal] of our Province of New Hampsh' in New Engla: In America, and Vice Admir" of the Same: To ROBERT TUFFTON MASON-Gentleman Greeting; haveing Especiall Trust and Confidence in your faithfullness; Ability and Learning I doe by these Presents Pursuant to the Powers and Authority's granted me by His Majesty King William over Engla: &c: Constitute, Ordain, apoint and Invest you the sd ROB TUFFTON MASON Esq in the Office of Attorny Generall for his Majesty in this his Province afores; You are therefore by Vertue of these presents dilligently to Inquire into all Sutes in the Law concerning his Majests Interest, and of every thing and things matters device and devices belonging unto your Office, and Concerning his Majesty his Crown. and dignity; and you are hereby Impowred by vertue of these Presents to Sue, plead, Imparte, Implead, Indicte, &c any and whosoever shall be by any manner or means to be Sued or Arraigned Impleaded and Indicted on his Majests Behalfe in w' cause and action w'soever: and for the due Execution and perforemance of your s Office and in every thing that thereto apertaines I doe herby give and Graunt you all Benifitts, fees and Advantages to the sd Office belonging: You Rendring an accot of all your proceedings In the S Office to me or Some other Ap'ointed by me: Given under my hand & Seale at New Castle this 28th of May 1695:John Usher By the L Govern's Comand William Redford: Dpt Secy': ["Fine & Recovery in ye County of Kent."] [Masonian Papers, Vol. 1, p. 27.] WILLIAM the third by the grace of God of England Scotland France & Ireland King Defender of the Faith & To all to whom these Or P'sent Letters shall Come Greeting know ye that Certain fine with Proclamations thereon made according to the form of the statute in the like Case lately made & provided Lieved in our Court before our then Justices of the Bench at Westminster in the Term of St Hillery in the second year of our Reign the ten'or of which * followeth in these words Kent SS: this is the finall Concord made in the Court of our Lord & Lady King & Queen at Westminster on the morrow of St Martains in the second year of the Reigns of Wm & Mary by the Grace of God of England Scotland France & Ireland King Queen Defendor of the Faith & Before Henry Pollexfen John Powell Thomas Rokeby & Peyton Ventriss Justices & afterwards in the Octaves of the Purification of the Blessed Virgin Mary in the year of the Reigns of the s King & Queen as abovesaid Twas there granted & Recorded before the same Justices & other faithfull of our said Lord & Lady King & Queen then & there being Present Between Samuel Allen Gentleman Plt and John Tufton Mason Gentleman & Rob' Tufton Mason Gentleman Deforces of the Mannor of Mason Hall with the appurtenances & of four Thousand Messages three thousand Cottages three thousand Barns fifty mills Six thousand Gardens a hundred thousand Acres of Land a hundred Thousand Acres of meadow a hundred thousand acres of Pasture one million & a hundred thousand acres of wood Two hundred thousand acres of Marsh & Moss Land a hundred thousand acres of fresh Marsh a hundred thousand acres of salt Marsh a hundred thousand acres of * * * a hundred thousand acres of * Two hundred thousand acres of land Covered with water a hundred pound Rent Commons of Pasture for all manner of Cattle free fishery and free Warrin with the appurtenances in New Hamp main masonia Laconia Mason Hall an Mariana in New England in America in the Parish of Greenwige whereupon a plea of Covenant was Sum'oned Between them in the same Court (To witt) that the aforesaid John & Rob Recognized the afores Mannors Tenemts rents Com'on of Pasture fishery & Warrins with the appurtenances to be the Right of the said Samuel as those which the said Sam" hath of the Gifts of the aforesaid John & Robert & those which ye said John & Robert for themselves and their Heirs have Remised & quited Claim forever to the aforesaid Samuel & his heirs & further the said John hath Granted for himself and his heirs that they will Warrant to the aforesaid Samuel & his heirs the said mannor Tennements rent Com'on of Pasture fishery & Warrin with the Appurtenances against the said John and his heirs forever & further, the said Rob hath granted for himself & his heirs that they will Warrant to the aforesaid Samuel & his heirs the aforesaid Mannor Tennement Rent Com'on of Pasture fishery & Warrin with the appurtenances against the aforesd Robt & his heirs forever-And for this Recognition Remition Quitt Claime Warrant fine & Concord the Said Samuel Hath given to the aforesaid John & Robt. two thousand Pounds Sterl the tennor of the proclaiming of which fine followeth in these words according to the forme of the Statute the first Proclamation was made the twelfth day of Feb in the Term of St Hillery in the Second year of the Reign of the King & Queen within Written the Second Proclamation was made the twelfth Day of may in Easter Term in the third Year of the Reign of the King & Queen above written the third Proclamation was made the Nineteenth Day of June in the term of the Holy Trinity in the third year of the Reign of the King & Queen within Written, the fourth proclamation was made the 26th of October in the Term of St Michall in the third Year of the Reign of the King & Queen within Written IN WITNESS whereof we have Caused to be affixed to these Presents our usual Seal for Sealing of Writts in our Bench aforesaid Witness George Treby at Westminster the nine and twentieth Day of april in the Eight year of our Reign Seal appending Laud This is a true translation according the best of our Judgmts. J. A. Meinses Copy as on File in Case Allen vs Waldron in Clerk's Office of Superiour Court of Judicature Examined Geo: Jaffrey Cl [Statement of Henry Langster, May 10, 1699.] [Masonian Papers, Vol. 1, p. 28.] Henry Langster of Bloody Point of Dover in this Province aged ninety years or thereabouts testifyeth and Saith that about the year one thousand Six hundred thirty five he arrived at ye Port of Piscatiqua River in ye Service of Capt John Mason and that he lived two years in y Service of Said Mason with m' Walter Neal one of ye Agents of Said Mason at little Harbor then called Rendevous Dat. at Portsm° ye 9th May 1699— Hen' Langster and that there was a Consdble Stock of Cattle reported to be Capt Jn° Mason's Sworn in Court May 10th 1699— Vera Copia attest Curiam Sampson Sheafe Cler Rich Partridge Cler |