ular son or tenant in his own right, you do thereupon proceed to put ye sd Rob Mason into ye possession of those Lands, & cause his Title to be recorded, so yt he may not receiv any further disturbance thereupon. And in case you shal refuse so to do, & shal not show good cause to ye contrary within ye space of Six months after demand of possession so to be made by ye sd Rob' Mason, We shal then without further delay take ye whole Cause of ye sd Rob' Mason into Our considerac'on in Our Privy Councel, with the damages sustained by him by reason thereof, & shal give Judgmt upon ye whole matter as in a cause where Justice has bin denied. And to y end ye sd Rob Mason may not be any ways hindred in ye prosecu c'on of his right, We do strictly charge & com'and you to secure him, his servants & agents from any arrests & molestations w'soever during his or their aboad within ye limits of yo' Jurisdiction, We having granted him Our Royal Protection until ye matters complain'd of by him shal be fully determined And so expecting yo ready obedience to Our Com'ands hereby signified unto you, We bid you farewel. Given at Our Court at Whitehall ye 23th day of June 1682 in ye ffour & thirtieth Year of Our Raign. By His Majts Command L: Jenkins Superser. To Our Trusty & Welbeloved y Govern' & Company of Our Colony of ye Massachusets Bay in New England. Vera Copia from ye Original -ds by Rob Mason Esq -mined by it being left in -Chamberlain Secr Provce of New Hampsh [The dashes indicate places in the original that have been eaten off by mice. Ed.] Answer of Elias Stileman and others to Mason's claim, Nov. 15, 1682, State Papers, Vol. 1, pp. 509-514 Nathaniel Weare's first complaint against Gov. Cranfield, State Papers, Vol. 1, pp. 515–519. in [Statement of Richard Chamberlain, 1683.] [Council Book 1, p. 77.] New Hampsh I Richard Chamberlain Esq' Just P. for His Mats said Province, do humbly certify, That New England. William Vaughan of Portsmouth in the sd Province Esq, & Rich Waldron of Portsmt aforesd Merch on the ffirst day of November instant, came to me to make oath in relation to Mr Masons conveyance (to the Govern') of this Province Which I was ready to take, having bin appointed thereto by the Governor according to the Letter of the Right Honble the Lords of the Com'ittee for Trade & Plantations. And the Copy is the matter & substance of what they sd they would depose; save only the last words (but for what term they do not remember:) Which, because I told them, was necessary to be inserted in their Deposition, I having asked them (for ye clearing of Truth) for what term ye Conveyance was, and whether absolute, or condic'onal, and they or one of them answering he had forgot; They both left the room imediately, refusing to be sworn. And notwithstanding I was ready & made it my sole business, both to give the Complaints Copies of any Records or Papers in my custody w'soever they should desire, (& had so done to several of them,) as also to take the Depositions of many of y", sum'oned & near at hand; yet not one of them offered to be deposed as Witnesses, but went away presently with the sd Vaughan & Waldron. Besides, They have not since made any Compl to the Govern' nor proceeded to make any other proof. And the Governor Ordered me to tell them when they should come to me again, yt they should have Copies of the abovesd Conveyance to ye Govern' from Mr Mason, for payment of 150'an for 7 years toward his allowance, ye sd Deed bearing date y 20th June 1682. And the Govern' doth remember, he told some of them the Term for which the sd Mason conveyed the sd Province, was for One & twenty years. Letters from Gov. Cranfield to Commissioners of Trade and Plantations, Dec. 1, 1682, State Papers, Vol. 17, pp. 570, 575, 578, 580, 591, 592. [Deed, Mason to George Broughton and others, April 12, 1683.] [Council Book 1, p. 38.] THIS INDENTURE made the Twelfth day of April in the ffive & thirtieth year of the Raygn of our Soveraign Lord Charles the Second by ye grace of God King of England Scotland ffrance & Ireland Defender of the ffaith, &c A'oq D'ni 1683 BETWEEN Robert Tufton Mason Esq Proprietor of ye Province of New Hampshire in New England of one part And George Broughton of Berwick in the Province of Main Gent Richard Otes of Cacheecha within the p'sent reputed precincts of Dover in the sd Province of New Hampshire Blacksmith And James Chadborn of Barwick aforesd Carpentar of the other part WITNESSETH that WHEREAS the sd Robert Tufton Mason by vertue of a Grant from King James of ffamous memory in the Eighteenth year of His Raign Is instated in fee of All those Lands Islands & Rivers lying between ye Rivers of Naumkege & Pascataqua called New Hampshire And of all Rights Royalties & Preheminences within the same Now this Indenture further WITNESSETH, That the sd Robert Tufton-Mason for divers good causes & considerac'ons him thereto especially moving HATH granted bargained sold infeoffed & confirmed And hereby doth grant bargain sell infeoff & confirm to the sd George Broughton Richard Otes & James Chadborn their heirs & assigns ALL THAT Tract of land lying & being at the Salmon falls within the Precincts of Dover so reputed on the West side thereof To begin below the sd ffalls & adjoin'g to Edward Taylours land And to run in length up the River three hundred & sixty Pole to the Northwest And in breadth one hundred & twelv Pole Containing by estimac'on Two hundred & fifty six acres EXCEPTING out of the p'misses a convenient Path or high way for com'on use if it shall be found needfull ALSO EXCEPTING & reserving out of this present Grant to ye sd Rob Tufton Mason his heirs & assigns All Mines & minerals that shall be found or be within ye p'misses hereafter And all Pine trees fitting for masts of ships of ffour & twenty inches through to be measured ten foot from the ground To HAVE & to hold the said Tract of land (except before excepted) to the said George Broughton Rich Otes & James Chadborn their heirs & assigns To the only use and behoof of them their heirs and assigns for ever YIELDING & paying therefore yearly & every year for ever to the sd Robert Tufton-Mason his heirs & assigns the annual Rent of Ten shillings of lawful mony currant in New England And One shilling for every Dwelling house (more then ffour) that is or shall be built upon the premisses On the ffeast of St John Baptist and ye Nativity of our Lord God by equal porc'ons Without any abatement of defalcac'on whatsoever The first paym' to be made on the said ffeast of St John Baptist or the Nativity of our Lord God which shall first happen after the determinac'on of the interest or Mill grant granted by the said = Robert Tufton-Mason to the sd Broughton Otes and Chadborn by Indenture bearing even date herewith AND if it shall happen the said an'ual Rent of Ten shillings and one shilling or any part thereof to be behind and unpaid by the space of twenty days next after either day of payment aforesd being lawfully demanded Then the sd George Broughton Richard Otes & James Chadborn their heirs & assigns shall forfeit & pay to the said Robert Tufton-Mason his heirs & assigns Double the mony so behind and unpaid. AND the said Robert Tufton Mason for himself his heirs & assigns doth hereby covenant with ye sd George Broughton Richard Otes & James Chadborn their heirs and assigns That he the said Robert Tufton Mason his heirs and assigns the hereby granted premisses to the said George Broughton Richard Otes & James Chadborn yr heirs & assigns against all persons shall & will warrant and for ever hereby defend. AND the said George Broughton Richard Otes & James Chadborn for themselves and either of them their & either of their heirs & assigns Do hereby covenant with the said Robert Tufton Mason his heirs and assigns That they the said George Broughton Richard Otes & James Chadbourn their heirs and assigus Shall and will from time to time preserv and keep the Buttals and boundals of and upon any the hereby granted premisses And at the end of every ten years deliver to the said Robert Tufton-Mason his heirs and assigns a Terrer fairly ingrossed of the said premisses with ye most known Buttals and boundals of the same IN WITNESS whereof the Parties hereto have interchangeably set their hands and seals the day and year first above written. Endorsed thus. Sealed & delivered in p'sence of Walter Barefoot Rich Chamberlain. Robert Tufton=Mason Vera copia Teste Rico Chamberlain Prothonto {Propriet's} [Certificate of Gov. Cranfield, Sept. 24, 1683.] [Council Book 1, p. 54.] These are to certify, That upon my being made Governour of the Province of New Hampshire in New England, His May was gra ciously pleased, by an Order in Councel of the Twenty fifth of January One thousand six hundred eighty and one to the Lords Com'iss of His Mats Treasury, to make an augmentac'on to my allowance as Govern' of the said Province; And among other things Ordered S Robert Sawyer K' His Mats Attorny Generall, and others His Mats Councel learned in the Law; to settle as well all the fines and forfeitures, and one fifth part of the Quit rents, was then surrendred to His Maty in Councel by Robert Mason Esq' the Proprietor of the said Province, by a grant derived from His Mats Royal Grandfather; The surrender was graciously accepted by His Ma from the said Mr Mason as lawful Proprietor of the said Province, and the Deed was acknowledged and inrolled in His Mats High Court of Chancery. Given under my hand this Twenty fourth day of September One thousand six hundred eighty and three. Edw: Cranfield. Teste Ricdo Chamberlain Secrto Vera copia from yo Original [Mason vs. Vaughan, etc., 1683.] [Masonian Papers, Vol. 1, p. 11.] Newhampshire To James Sherlock Gent Provost Marshall or his Deputy In his Majtys Name you are hereby required to attach ye Goods or for want thereof the body of W Vaughan of Portsm° in ye Sd Pro: Esq & take bond of him of one Thousand pounds Value with Suficient Surety or Suretys for his appearance at the Court of Pleas to be held at Great Island in the said Prov: on the First Tuesday in November next Ensueing the date hereof Then & there to ans' the Complaint of Rob Mason Esq' proprietor of ye Sa Prove in an Action of Trespass for Illegally Keeping him out of possession of Certain Lands & Tenemts in Portsinouth aforesaid and felling his woods to his Damage oue Thousand pounds or what shall Justly appear Fail not & make yo' return according to Law dated the Eight of Octob 1683/ R: Chamberlin Protho Att a Court of Pleas held at Great Island 6th of Novemb' 1683 Walter Barfoot Esq' Judge Nath" Fryer & Henry Green Esq's Justices assistance Verdict-The Jury find for the Plat Rob' mason Esq' Propriator of the Prove of Newhampshire ye Lands & Tenemts Sued for accord |