Rockingham Records Received 18th March 1789. Sam' Brooks Rdr The Deposition of Mr Richard Cutts & Joanna his wife aged y one about Seventy eight Years the other about sixty nine YearsTestify & Say that we well knew & were well acquainted with Mr Robert Tufton Mason & that he had two Sons Named John & Robert as they were so deputed or Judged He called them his sons & they called him their Father-and Joanna his Wife further saith that Robert Tufton Mason ye Younger son of Robert Tufton Mason was Married to one Mrs Katherine Wiggins as was Juged for they lived together as Man & Wife & that She was well acquainted with them soon after they were married & that they had two Children John & Elizabeth J: E: they were Called their Children & Judged so to be further saith— June 27-1738 Richard Cutt Richard Cutt & Joanna his wife personally ap New Hamps} peared & Made Oath to their above Several De positions taken in perpetuan Rei Memoriam before Sha Walton Rockingham Records Received 18th March 1789 J: peace Quorm Unus Sam' Brooks Rdr. The Deposition of Mr William Kelly aged about Sixty Six YearsTestifyeth & Saith That I well Remember Mr Robert Tuftin-Mason & that he had two Sons Named John & Robert as they were so deputed or Judged to be & that Robert the Younger Married with one Mrs Katherine Wiggins & by her had two Children a son whose Name was John & a daughter further saith not Province June 27th 1738 Wm Kelly New Hamps } The above Named William Kelly personally appeared & Made Oath to the truth of the above deposition taken in perpetuam rei Memoriam before Sha Walton Jus: peace Received & Recorded 18th March 1789 Lib 124 Fol 504. Sam' Brooks Rdr. [Mason's Quitclaim Deed to Massachusetts, July 1, 1738.] [Masonian Papers, Vol. 1, p. 43.] ARTICLES OF AGREEMENT Indented and made the first day of July, in the twelfth year of the reign of our Sovereign Lord George the second by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c, annoque Domini one thousand seven hundred and thirty eight Between John Tufton Mason of Boston in the County of Suffolk and Province of the Massachusets Bay in New England Marriner next Cousin and heir of Captain John Mason of London Esq Deceased of the one part And William Dudley, Samuel Welles, Thomas Berry Benjamin Lynde Jun', Benjamin Prescot, and John Read, Esq's, Thomas Cushing and Thomas Hutchinson Gentlemen, and all within the Province aforesaid as Agents for, and in behalf of the Province aforesaid on the other part-WITNESSETH, That whereas His late Majesty King James the first, by his Letters Patent dated the third of November in the eighteenth year of His Reign, Gave and Granted to the President and Council Established at Plymouth in the County of Devon for the Planting and Governing of New England in America, All that part of America lying in breadth from forty degrees to the forty eighth degree of northerly latitude and in the length throughout the main land from Sea to Sea with the Islands and seas adjoyning To HOLD to them their Successors and assigns forever-and afterwards the s President and Council on the seventh of November in the fifth year of the Reign of His late Majesty King Charles the first, by their Deed Indented under their com❜on Seal, bargained and sold to the said Captain John Mason, all that part of New England lying on the Sea coast begining at the middle of Merrimack river and proceeding northwards along the Sea Coast to Piscataqua river, and up that river to the furthest head thereof, and from thence northwestwards till three score miles be finished from the first entrance of Piscataqua river, and also from Merrimack river through the said river to the furthest head thereof, and so forwards up into the lands westward till three score miles be finished, and from thence to cross over land to the three score miles end accompted from Piscataqua river with the Islands within five leagues distance of the premisses, which he with their consent intended to name New-hampshire To Hold to him his heirs and assigns forever-and afterwards on the twenty sixth of November, in the eleventh year of the Reign of His late Majesty King Charles the first, the said Captain John Mason made his last will in due form of Law, and thereby (among other things) Devised the premisses to his Grand-Child John Tufton and the heirs of his Body lawfully begotten, and the remainder to his Grand Child Robert Tufton and the heirs of his body lawfully begotten, appointing his said Grand Children to alter their Sirname and name themselves Mason, and died, and the said John Tufton altered his Sirname and named himself Mason and died without issue, and the said Robert altered his Sirname and named himself Mason, entred and held the premisses, and from him the same descended to John Tufton Mason his Eldest son and heir, from him to Robert Tufton Mason his Brother & Heir, from him to John Tufton Mason his Eldest son & Heir, and from him to John Party to these presents, his eldest Son and heir-Saving that the President and Council aforesaid on the ninteenth of March in the third year of the reign of His late Majesty King Charles the first by their Deed indented under their common Seal, bargained and sold to Sir Henry Rosewell & others all that part of New England lying between Merrimack river and Charles river and all the lands lying within three English miles to the northward of Merrimack river, or to the northward of any and every part thereof, and all the lands lying within the limits afores north and south in latitude, and in longitude of and within all the breadth afores", throughout the main land from the Atlantick sea in the east, to the south sea in the west, with the appurces To HOLD to them their heirs asisgns and associates forever, which His late Majesty King Charles the first by His Letters Patent on the fourth of March, in the fourth year of His Reigu, Confirmed to them their heirs and assigns making them a Body Politick by the name of the Governour and Company of the Massachusets Bay in New England; and their late Majestys King William and Queen Mary by their Letters Patent, on the seventh of october in the third year of their Reign, Confirmed to the Province of the Massachusets bay And the Governour and Company of the Colony of the Massachusets Bay afores thrô mistake of their Grant from the President and Council aforesaid and Confirmation of His said late Majesty King Charles the first both Prior to the purchase of Captain John Mason aforesaid, apprehending their northern boundary was a due west line from the Atlantick to the south sea runing three miles. to the northward of any and every part of Merrimack river, therefore in the Setlement of several Towns upon Merrimack river, inclosed within their bounds as granted Surveyed and recorded in the publick records of the said Colony, part of those lands that lye to the northward of some parts of Merrimack, more than three miles distant from the said river viz' within the bounds of Salisbury two thousand acres, Almsbury two thousand five hundred acres, Haverhill ten thousand acres, Methuen five thousand five hundred and fifty acres, and Dracut three thousand six hundred and twenty five acres, making in the whole twenty three thousand six hundred and seventy five acres But afterwards on the twenty sixth of July Anno Domini one thousand six hundred and seventy seven upon the petition of Robert Mason, the first abovementioned, and others, claiming the Soil and Government of part of the lands aforesaid, His late Majesty King Charles the second in Council Determined, that the north bounds of the Colony of the Massachusets Bay so far as the said river extends should follow the course of the said river, but when that known boundary determins the breadth should be carried on by an imaginary line on that side to the south Sea, but determined nothing concerning the Title of the land three miles distant from the said river on the north side of it; whereupon, first the said Colony, and after the said Province of the Massachusets Bay have ever since held themselves to these boundarys, Saving that no Person for these sixty years last past and more, entring and claiming those twenty three thousand six hundred seventy five acres of land aforesaid in Salisbury, Almsbury, Haverhill, Methuen & Dracut, the Proprietors and Inhabitants of those Towns have continually possessed and enjoyed them till this time thô they lye more than three miles to the northward of Merrimack river NOW THEREFORE in Consideration of the sum of five hundred pounds in hand received of the said William Dudley, Samuel Welles, Thomas Berry, Benjamin Lynde Jun'. Benjamin Prescot John Read, Thomas Cushing and Thomas Hutchinson Agents for, and in behalf of the s Province of the Massachusets Bay, the said John Tufton Mason doth by these presents Ratify and Confirm the boundary line between his lands of New hampshire and the lands of the Province of the Massachusets Bay aforesaid setled by his late Majesty King Charles the second in His most Honorable Privy Council on the twenty sixth day of July one thousand six hundred and seventy. seven-And further the said John Tufton Mason for himself and his heirs Doth remise release and forever quitclaim to the Inhabitants and Proprietors of the several Towns of Salisbury, Almsbury, Haverhill, Methuen and Dracut, all those several parcels of land aforesaid lying within the bounds of their respective Towns aforesaid, and more than three miles to the northward of Merrimack river, in their actual possession now being To HAVE AND TO HOLD the said twenty three thousand six hundred and seventy five acres of land aforesaid with the appurtenances to them the Inhabitants and Proprietors of the aforementioned Towns, to them their heirs and assigns forever And further the said John Tufton Mason for himself his heirs Executors and Admin's Doth hereby Covenant promise and grant to and with the said William Dudley, Samuel Welles, Thomas Berry, Benja Lynde Jun' Benjamin Prescot, John Read, Thomas Cushing and Thomas Hutchinson Agents for, and in behalf of the said Province, and with their heirs Executors & admin's That he the said John Tufton Mason and his heirs shall make suffer and execute, all such further and other assurances and Conveyances in the Law for the Establishment of the boundary line aforesaid and Conveyance and assurance of the lands Tenements and Hereditaments afores now in the possession of the several Inhabitants of Salisbury. Almsbury, Haverhill, Methuen and Dracut afores", as by their Council learned in the Law shall be reasonably Devised and required, So as that the several Tenants of those twenty three thousand six hundred and seventy five acres of land afores" their heirs and assigns may be forever quiet and secured in the enjoyment thereof; and he the said John Tufton Mason and his heirs, and all others claiming or to claim by force of the will afores may be forever bard and precluded from the same, the Intail, remainders, and limitations in that will notwithstanding— And further the said John Tufton Mason doth hereby Covenant promise and agree to and with the said William Dudley, Samuel Welles, Thos Berry Benjamin Lynde Jun', Benjamin Prescot, John Read, Thomas Cushing and Thomas Hutchinson Agents for, and in behalf of the said Province, That he will with all convenient speed proceed from hence to London, Present himself to Francis Wilks Esq and Richard Partridge Agents of this Province there attend upon them from time to time, and by their advice and direction do every thing proper and necessary there to be done for the Establishment of the line afores, and quieting the possessious of the Inhabitants and Proprietors afores in the Towns aforesaid, and return home again as soon as they shall permit him— And the said William Dudley. Samuel Welles, Thomas Berry, Benjamin Lynde Jun', Benjamin Prescot, John Read, Thomas Cushing and Thos Hutchinson agents for, and in behalf of the said Province Do by these presents Covenant promise and agree to and with the said John Tufton Mason, That they will bear and pay all his reasonable charge and expence during his voyage thither, attendance there, and return home again with his Passage forth and back. In witness of all which the Parties aforenamed to these presents |