[Report of Attorney and Solicitor General, May 17, 1675.] [Masonian Papers, Vol. 1, p. 7.] May it please your Lords In Obedience to yo' Lord's order of reference to us upon the Petition of Robert Mason we have Considered thereof and Examd the title and Claim of the Petitioners to the Province of New Hampshire in New England and do find that his Majties Royall Grandfather King James of Ever Blessed memory by his highnesses letters pattents under the great Seale of England bearing Date at westmin' 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' 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 224 day of April 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 majties 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 Petitioners 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 17th may a true Copy The original was Delivd to S Rob Southwell Vera Copia True Copy Exam Wm Jones Fra: Winnington Richard Partridge Cler― [Endorsed] S Wm Jones att: Gen1 S Fra: winnington Sol' Gen1 y report concerning Rob' Mason his Title to the prov: of new Hampsh' in new England 17th 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'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 Peticons and it appeared to us that the said Lands are now in the possession of seaveral other p'sous not before us whereupon wee thought not fitt to examin any claimes to ye said Lands it beeing in Our Opinion improper to Judge of any titles of Land wth out hearing the Pertenants 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' cours of Justice there for Injustice or Greivance Wee did in the presence of the said parties examine their seaverall claimes to ye Governm' and the petic'on' haveing weighed the pretence of a grant of governm from ye Counsell att plimouth wherein they where Convinced by there Own Counsell y no such power or Jurisdiction could bee transferred or assigned by any Colour of Law————— The question was Reduced to the province of Maine whereto ye Peti Gorges made his Title by a grant from King Charles the first in ye 15 of his Raigne made to S 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' was granted to them and produced coppies of Lett's pattents wherein it is recited that ye Councell of Plimouth, haveing granted to Certaine persons a Territory 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 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 Lands 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 Monomack als Merrimack or to the norward of any and every Part thereof 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 throwout ye Maine Lands there from the Atlantick and western Sea and Ocean on ye East pt to ye South sea on y° west By the said Letters patents the king Confirmed that grant made them a Corperation and gave them power to make Laws for Governing of the Lands and people The Grant of the Government can extend no further then ye ownership of y soyle the Boundereys of which is recited in the patent wholy excluded the province of Main which lyes norward more then 3 miles beyound the River Marmack. Wee have Considered the Matters and Doe humbly Conceave as to the first Matter that the patent before Caroli po is good not withstanding they are not made in 18 Jacoby for it appeared to us in the Recitall in y Patent 4 Caroli po that the Councell of Plim° had granted away all their Intrest in the Lands the year before and it must bee presumed they deserted ye Governmt. whereupon it was Law full 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 po extend no further then the Boundereys Expressed in the Patent and those Boundereys cannot bee continued to extend further norward then the Marmack River then 3 English miles mo 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° 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 [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" to interpose Our Royall authority for their releif in the matter of their Claimes and Right pretended by them to the Two provinces of Newhampshire and Main, in Our Territory of New England, 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 Massachusets 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 Subjects 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' Receipt of these Our Letters, Who being fully instructed and Sufficiently impowred to answer for you may receive Our Royall Determination in this matter depending for Judgement before Us. And to the end these Our Gracious 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 Command That this Our Letter together with the fore- To Our Trusty and welbeloved the Governor and Magistrates of Our Towne of Boston in New England. H. Coventry 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 24, 1679.] [From manuscript volume in possession of Maine Historical Society, p. 50.] 24 July 79. Charles R. Trusty and Welbeloved Wee Greet you well These Our Letters are to accompany Our Trusty and Welbeloved William Stoughton and Peter Bulkley, Esq" 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 Council hath been |