with Regard to the trial of his Title here, the Long time this had been in Suspence, &c And finally praying that her Majesty would put him into Possession of the Waste Lands, Whereupon the Title of Mr Allen was Referrd to the Board for Trade & Plantations, & that Board took the Opinion of Sir Edwd Northy then Attorney General, (which was the third time this Title had past Examination in this manner) and he Reported, That Samuel Allen Esq' by virtue of the afores Grants to Mason had a good & Legal Title to the Province of New Hampshire, and that her Majesty might Safely put him the Proprietor in Possession, of the Waste & unimproved Lands, but in Regard to the Lands the Inhabitants had in Possession, he thôt it not Convenient for her Majesty to Interpose therein, but that the Proprietor might bring his Writ of Ejectment, & the Board Acquiescing, Reported to the Queen Agreeable thereto, and thereupon the Queen Sent an Order to the Governor of the Province, viz Joseph see this order 20th April Dudley Esq', to put him into Possession accordingly, & in 1703 any future Trial to Demand a Special Verdict, & So Refer the Point to her Majesty for a final Determination of the matter in Law-Governor Dudley Soon after the Reception of this Letter, Communicated her Majesty's Pleasure to the Assembly of New Hampshire, who answer, that the Inhabitants Claimed no more Lands, See this Anthan was within the bounds of their Towns, which they 11, 1703 No Say was Less than a third part of the Province, of "which they had been in possession more than Sixty "Years, but had nothing to Offer as a Grievance, if the "other two thirds Should be Adjudg'd to Mr Allen, & "Should be glad to See the Same Planted & Settled for "the better Security of the whole." with more to the Same purpose— 66 66 swer Febry only with This was true Regard to 4 the 5th up the whole there was not been Towns for (which made then) had Granted more than 12 Years & at this time many Inthe Day of After this there was a Judgment before the Queen in Council, upon Mr Allens Appeal in favour of Mr Waldron, had not in Consideration of the Defts Long possession, & the Want of the proper Evidence of the Plats possession, But this Very Judgment by the Special Wording of it, was In favour of Allen's title, as to Recent possessions & the Waste Lands After this Mr Allen Died Intestate, leaving a Son & four Daughters-Thomas Allen ye Son Enters, & brings his Action of Ejectment de novo against Mr Waldron, (we 1707 No the Year He died about Suppose for Some other Tract of the Said Land, but this Came to Nothing as he Died pending the Suit.— 1715 1719 to 1727 dently a to those who About four or five Years after his Decease, there being no Stir made, Allens Daughters being under Coverture, & Masons Heir in Minority, the Governor & Council begin to make Grants of Townships, close upon & joining to the Towns Settled as afores, & Continued that Practice for ten or twelve Years within thirty Miles of the Sea, tho many of the Townships So Granted, are Still a Wilderness, & nothing of Improvements, made in the Course of twenty five or thirty Year. This proceeding carries a bad face, as the Queens Letter & the Assembly's Disclaimer were matters of Public Record in the Council This was Evi- Books; and to make Grants of these Lands As the Right great Injury of the Crown, was (as we take it) Somewhat Extraordihad Mr Ma-nary, Since every Crown'd head from K. Charles the first, as it had to Q. Ann Inclusively had Recognized this Title in & been so of under Mason-having found upon Reiterated ConsultaSo much so- tion, & Advisement, that the Crown had Effectually Dilemnity Examd and as vested it Self of the Right & Title, to the Lands within Mr Masons Patents-That the Right had been Well Conner declared vey'd to Mr Mason, that by the Expence he was at to & finally the Settle it in his time, he had paid a Valuable Consideration ordered by for it, & Considering the after Charge his Descendants. to be Delly- were at, in Contesting the Right with the Colony of the erd, & those Massachts, and with their own Servants, or the Servts of sion had their Ancestors, and how Small a part they have ever Yet & Surren- Enjoy'd; to this if we add Mr Allens Expence to Recover sons right, ten & with often in the Same man to be good, possesion the Crown in posses Disclaimd der'd. Possession (which is Still in the Same Right) it may with truth be Said, that the Grantee & those who hold under him, have had a Dear Bargain, which will Still be Augmented to a very Considerable Degree, if we add our own Expence the purchase Sum, the Daily Charge of making Grants & attending Settlers-with the Small part Reserved to our own use, the Quit Claims given to the Towns, even those which are far from having done any thing worthy of Notice in Settling, & which have been Granted Since Queen Ann's Mandate-We Say bring all this into a Capital Sum, it will appear the Land Remaining to those who hold under Mason, at this Day, is the Dearest Purchase of any in America, were they to hold in Peace hereafter. But that is not the Case they are like to be Involved in much Controversy Still, & considering the Reservation in the ter Its Crown had served be Massa Char plain the no land Re tween these Patents & wherever nates the other joins. one Termi Consequently farther Expence-tho' they Doubt not of a Succesful Event-which leads us to Observe, that by the Late Settlement of the Boundary between this Province & the Massachusets, it Appears that, that Government, had a great part of the Land in their possession, which was Mr Masons Right. for that Settlement Reduces their Especially Charter to its True Limits & then Mr Mason's Patent of 1635 takes in all the Land within Sixty Miles from Naumkege Westward which the Massachusetts Charter does not Comprehend-But before this Settlement that Government, had made many Grants of Lands really without their Patent, & yet the Grantees, Pretend to hold, notwithstanding they have no Pretence of title nor Possession, and with Some of whom we Expect we must Contend or give up our Right-But We have Still another Dispute to Encounter, there are those who rise up now in the Right of Allen, & pretend the title is in them which gives rise to two Questions first Whether Robert the Grandson of Capt Mason the Grantee, held this Estate as Tenant in Tail. 2ly if he did whether this Intail was Legally Dockt, by his Sons, So as that they Could Convey the Fee Simple of this Estate to Mr Allen-as to the first of these, tho' it is a Question which has been Stirrd here, Yet we think it will hardly bear a Serious Debatethe words of the Will are Explicit, & So it has always been taken, why else did they Endeavour to Cut off the Entail, if there was none The other is a Question Material, the Objection to what was done for the docking the Entail is, that it Should have been done in the County, at leat the Province where the Land lies, it being a Local Action cannot Legally be prosecuted elsewhere, while there are Courts there as there was in this Province at that time & had been as is above hinted for fifty Years before and therefore the Process Referrd to, was a Nullity, or void ab' initio-and in that Case upon the Death of Tenant in Tail who Sold to Allen, the Next Heir in Tail of Mr Mason, was let in: We have good proof that Capt John Tufton Mason of whom we Purchased. is that Heir, who has Executed Sufficient Conveyances of the Estate to uswho before he did it Sued out a Common Recovery here to the use of himself his Heirs & Assigns. So that he coud as we take Lawfully Convey the Fee but as to this Nothing Envy can Scheme, been & Still Growing Point tis Sufficient (while we are in possession) to Say Upon the whole we have granted, & are Granting the Lands to the Inhabitants, & Such as We think are likely to Settle them; on Such Easy terms & under Such Limitations, as will most Effectually promote & Advance that End. So that if we meet with no Discouragements Rebut specting Allen's Claim & have not too many Adversaries make us En- besides, we doubt not in the run of a few Years most of emies in this these Lands will be under Considerable Improvements in which has this right, At least we would Venture to forfeit all, if any is a Great & of our Townships Remain as Long unsettled, as Some of Expence, & those made by the Government as afores have, if we the Lands have Opportunities Equally or but half so Favourable for better Set- Subduing the Lands. and the Principal Reason why People more there will be Such a Difference (as we See already is like Served, & to be) is the Different & more Vigorous manner of ProseHusbandry cuting the Design which must be attended with a ProporIm-tionable Expence-We therefore hope to hold our purif the Gov- chase & think it will be a hard Case, if they who hold Granted in Masons Right, a Right So well Convey'd, So often Conthem as the firmed, & So Dearly Purchased, after One hundred and Crown. twenty Years Pursuit, Should not be permitted to Enjoy that Pittance of this Estate now Remains in their hands. are much tled, the Generally likely to be more proved than ernment had Lands of the [Deed, Mason to Proprietors, Sept. 30, 1749.] [Masonian Papers, Vol. 1, p. 89.] TO ALL PEOPLE To whom these Presents shall Come John Tuffton Mason of Portsmouth in the Province of New Hampshire Esq' By Clement Jackson Matthew Livermore and William Parker all of Said Portsmo Esqrs Sendeth GREETING-WHEREAS the said John. Tuffton Mason by his Certain Writing or Letter of Attorney under his hand & Seal Duly Executed Dated the fourteenth Day of June 1749 and in the twenty third year of his Majesty's Reign Amongst Other things therein Contained Did Authorize & Impower us or any two of us to make Sign Seal and Execute any Deed or Deeds of Conveyance of Certain Lands therein Refer'd to unto Such Person or Persons as he should afterwards Direct or to any Such Person or Persons as we should think proper to hold to them Respectively and their Respective Heirs and Assigns as may at Large Appear by Said Instrument Reference thereto being Had-NOW KNOW YE that the Said John Tufton Mason in Consideration Of the Sum of twenty Shillings to him in hand paid before the Ensealing and Delivery hereof By Theodore Atkinson Richard Wibird Samuel Solly John Moffatt Mark Hunking Wentworth Jotham Odiorne Joshua Peirce Thomas Packer Nathaniel Messerve George Jaffrey Esq John Wentworth jun' Daniel Peirce Paul March Gent" Mary Moore Widow all of Portsmouth aforesaid John Thomlinson of London Esq Thomas Wallingford of Somersworth in Said Province Esq Joseph Blanchard of Dunstable in Said Province Esq Clement March of Greenland in Said Province Esq' and Joseph Green of Boston in the County of Suffolk in the Province of the Mass Bay Merch' the Receipt whereof is hereby acknowledged HATH by us his said Attorneys given granted Bargained and Sold and by these Presents DOTH give grant Bargain Sell Alien Enfeoff Convey and Confirm unto the said Theodore Atkinson Richard Wibird Samuel Solly John Moffatt Mark Hunking Wentworth Jotham Odiorne Joshua Peirce Thomas Packer Nathaniel Messerve George Jaffrey John Wentworth jun' Daniel Peirce Paul March Mary Moore John Thomlinson Thomas Wallingsford Joseph Blanchard Clement March and Joseph Green by us his Attorneys in the Several parts and Proportions herein after Declared twenty-Nine thirtieth Parts of all the Right Title Interest Estate Inheritance Claim Challenge Property and Demand of him the said John Tuffton Mason which He now hath or Ought to have by any ways or means whatsoever of in and unto any & all the Lands Tenements and Hereditaments whatsoever Contained Lying and being within the Province of New Hampshire Bounded as Follows Viz Beginning at the Sea three Miles North from Merrimack River thence running Parallel with Said River at the Distance of three Miles to the head thereof from thence Westward till Sixty Miles are Compleated thence a Cross the Land to the Inland or Northerly End of a Line running from the Mouth Of Piscataqua River up the Same to the farthest head thereof and thence North Westwards till Sixty Miles are Compleated from the Mouth of Said River then Beginning again at the Place three Miles Northward of Merrimack where it first began runs along the Sea Coast to Cape Ann & Round about the Same to the Middle of Naumkeek through The River thereof up into the Land West till Sixty Miles are Compleated thence a Cross the Land to the Inland or Northerly end of the Line running from the Mouth of Piscataqua |