ton the 19 of October 1652 seriousely use the Grant (wch had been Procured as aforesaid) and therein weighing the Words and tryeing what new sence they might beare more suteable to their encrease of Power, they thought fitt at Length to declare themselves mistaken 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 themselves upon their Owne Words, and they stretch their Rights, to neer two hundred miles of Land Northward, and as much Southward more then they were satisfyed withall before swallowing up yo Ma'ties Pets 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 Presently invade and by force of Armes Seize upon the Province of New Hampshire, and other lands of Right belonging to yo' Pet' besides what they did to Others Compelling the Inhabitants to Sweare to be true to them and to Cast Off their Law full Lords, and such as Refused were either Ruined Bannished or Imprisoned, and any Appeales to Engl 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 arbitrary Way. And allthough yo' Pet' by his Agent Joseph Mason, did demand Redress of the Generall Court of Massachusetts sitting at Boston in 1652. Offering to make Out the Right and title of yo Pet to the Province of New Hampshire and other lands agt 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' then did Refuse, and hath allwaies Refused, Chuseing 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' Pet' 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' Ma'tie the 15th of ffebrur'ay 1661, when yo' Pet' first Expos'd to yo' Matie the Opressions under which hee had soe long Groaned in the Evill times, and which greives him now much more to beare while hee has the Protection of soe Just and Gracious a Soveraigne to resort unto. Wherfore yo Pet' most humbly implores Your Ma'tie to take notice that by a Plaine discovery of What ffraud in the Beginning and the length of Trobled times has helped to Conceal The Bostoners have noe Pattent of Incorporation at all, that yet they have Under Couller of Right and authority from The Crowne devoured yo Pet and other Proprietors whose titles are by yo' Ma'ties learned Councell allowed as Strong as the Law Cann make them. That all Waies have been tryed and Methods Used to Obtayne Justice from the Bostoners, but all have Proved ineffectuall, that yor Pet's losses have been soe many and Great, and his Sufferings soe Continued, that hee Cannot any longer support the Burthen of them, And when yo' Ma'tie will but Consider how small the Respect has been wherewith those People have treated yo' Ma'tie since yo Happy Restauration, and what dayly Breaches are by them Made upon yo Ma'ties Acts of Navigation, which turnes soe greatly to the Detriment of this Kingdome in Generall, These Losses & sufferings of a ticular Subject cannot much be question'd soe that Yo' Pet humbly hopes that yo' Ma'tie will think it high time to stretch forth yo' Royall hand of Justice to assist yo' Pet' 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 requirs and yo' Ma'tie in yo' Royall Wisdome shall think most fitt. And yo' Pet' shall Ever pray Rob Mason. Answer of Massachusetts to Mason and Gorges's complaints, etc., State Papers, Vol. 1, pp. 326-338. Abstract of Robert Mason's title, State Papers, Vol. 17, p. 533. [Report on Mason's Petition.] [Council Book, Vol. 1, p. 39.] ties To the Kinges most Excellent Ma According to yo' Mati Refference uppon the Petition of Robert Maso hereunto Annexed, bearing date, at Whitehall, the Seaventeenth of Novemheard the Claimes, and Complaints, of the Peticoners and also Summoned by Executed, att the Exchange, on the 21th day, of January Laste, against all in that Businesse, butt none aphee was peared, butt Capt Jn° Leverett, who acknowledged Commissionated, as an Agent of the Corporac'on of Boston, in New that now, hee had noe Authority, to appeare, or Act on their behalf, Uppon produceing of divers Letters Pattents, and Examinac'on of Witnesses, wee That Cap' Jn° Mason, Grand father to Robert Mason, one of the Petic'oners, and Godfrey, one other of the Pettic'oners by Vertue, of Severell, Letters Pattents, under the great Seale of England, Graunted unto them, and others, by y Maties Late Royall F themselves, and their assignes, have beene, in Actuall, and quiet possession, of Sev Tracts, parsells, and Divissions, of Land, in New England, as in and by the Said letter is particylarly, Expressed, and that the Said Cap' Jn° Mason, and the said Edward Godfrey did Expend and lay out Considerable sum'es of money, in Settleing Plantac'ons, and Collonyes here That the Said, Edward Godfrey, hath lived there, for five, and Twenty 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 Notwithstanding, 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 wh the inhabitants 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 yeares 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 for Pattentees, of the Said Corporac'on of the Massachusets, 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 Petitions, and other, yo" Maties Sub- Menaces, and Armed forces, Compelled them, to Submitt, to their usurped Government, which they have declared, to bee Independent, of this yo' MaEngland, and not Subordinate thereunto. massachusets Itt appeares further, by the Witnesses, that the Collony of the many yeares past Endeavoured to Moddell, and 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 Contrive themselves Coyneing of -ment, Pub and Taxes, to bee Lawe unto themselves, Contrary money, with their owne Stampe, and Signatures, Exover the Estates, and persons, of all such as Submit allowing them noe Appeales, to England, and Some hath liquely, to affirme, that iff his Matie should Send them, a Churches, throughout the whole Country, under their Government, -pose him, and others have saide that before they of New England, would- submitt, to any Appeale to England, they would sell, that Country, or antac'on, to the King of Spaine. That by reason of the premisses, the Said Rob. Mason, and Edward Godfrey, have beene damnified, in their Plantac'ons, and Estates, to the Vallew of five Thousand pounds, according to the Judgmt, and Estimac'on, of Severall witnesses, Examined, in that behalfe, Butt by what pretense, of Right, or authority, the Massachusets have taken uppon them, to proceede, and Act in such manner, doth not appeare, to us. All which, wee most humbly represent, to yo' Matie in duty, and Obedience, to yo' Com'ands, not presumeing, to offer any opinion, in a buisnesse, of Soe high Importance, wherein the Publicque Interrest, and Government, of yo Matie appeares, Soe much Intermixt, and Concerned, with the private Interrest, of the Petic'oners. Rob Mason Tho: Povey G: sweit [The dashes indicate places in the original that have been eaten off by mice. ED.] [Opinion of Sir Geoffrey Palmer, Nov. 8, 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 25th of October last I have Considered 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 1620 in the Eighteenth Year of his Highnesses Reign for Sundry Reasons and Considerations therein Expressed, give, grant and confirm unto several Persons of Honour, by the name of the Council of New England, their Successors and Assigns forever, all that part of the main Land in America lying between the Degrees of Forty & Forty Eight North Latitude to be held in fee as of the Mannor of East 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' Grandfather to the Petitioner by Vertue of several Grants from the said Council of New England under their Common Seal bearing date the 9th day of March 1621. the 7th day of November 1629. and the 224 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 8th November 1660. G Palmer. The Original was delivered unto Sr Wm Morrice, pincipal Secretary of State Vera Copia Pro: of N. Hamp Rich Partridge Cler. Vera Copia from the Superiour Court Records the 8th June 1704 Theod' Atkinson Cler. Copy of that on file in a Case Allen vs Lawrence tried 1704/5. Summary of the title of Robert Mason to New Hampshire, March 5, 1674-5, State Papers, Vol. 17, p. 516. |