[Deed, Mason to Usher, Lidgett, and McCarty, April 15, 1686.] [Masonian Papers, Vol. 1, p. 17.] THIS INDENTURE made the fifteenth day of April in the Year of our Lord One thousand Six hundred & Eighty six Between Robert Tufton Mason Esq' under His Royal Majesty King James the second, Proprietor of the Province of New Hampshire of the One part, And John Usher Charles Lidgett & Thaddeus McCarty of Boston in N England Merch's of the Other part-WHEREAS the s1 R. T. Mason by Virtue of a Grant from His Majesty of famous Memory King James the First bearing date at Westminster the third of November in the Eighteenth Year of His sa Majesty's Reign is Enstated in fee of all those Lands Islands & Rivers Lying between the Rivers of Namkeage and Piscataqua together with ye said Rivers & of all Islands Lying within five Leagues of ye same with all Rights Royalties & preheminences thereto belonging Now THIS INDENTURE WITNESSETH That the said Robert Tufton Mason for & in Consideration of ye sum of Thirty Pounds of the Current Money of & in ye Massachusetts Colony in N Eng to him in hand paid by yes J Usher C Lidgett & Thad. Maccarty the Receit whereof he doth by these Presents acknowledge & of the Rents Reservations & Covenants herein after reserv'd covenanted & agreed upon, And for the Encouragement of Planting the said Province & specially in its extream & inland parts Hath given granted bargained & sold & by these presents for him his heirs & Assigns Doth give grant bargain & sell unto the s J Usher C. Lidgett & T. Maccarty their heirs and assigns, All that & those Tract & Tracts of Land situate Lying & being on y Westerly side of the River of Merrimack beginning at the East End of Souhegonnock River where the same issues into Merrimack afores" & thence running up Westward along the s Souhegonnock River Six English Miles & an half and at y End of yest Six English Miles & an half to turn off by a Line of Twenty deg. Westerly of the N. Ten English Miles and thence that is to say to the Northwesterly Angle of yes Tract running in a direct Line Northwards in Length on ye Si West side of yes River of Merrimack unto & as far as the most Southerly End of the great Pond or Lake comonly called or known by ye Name of Wenepesiocho Lake which issues into y said Merrimack River so always as that ye s Outmost Line Westward shall not come nearer the said River in any Place than Six English Miles on that side the said River And also all that & those Tract & Tracts of Land on the Easterly side of the said River of Merrimack beginning as Low Southerly as the North End of the Land commonly called or known by the Name of Mr Brenton's Land Six English Miles in Breadth from y° s River of Merrimack, & thence running in a direct Line Northward in Length on the said East side of the s River of Merrimack unto & as far as ye most Southerly End or part of the said Wenepesiocho Lake so always as that the s Outmost Line Eastward shall not come nearer in any place to the said River than Six English Miles in all the Length aforesaid— And also all that part of the said River of Merrimack lying within the Limits of all & singular ye aforementiond Tract & Tracts of Land And all ye Islands lying within ye same Together with all other Rivers & Rivolets issuing into ye said River of Merrimack And all ponds Waters fishings fowlings Huntings Swamps Meadows Woods Underwoods & Ways contained or lying within yes East & West Lines on each of ye Sa River from End to End as afores And ye sole Right & priviledge of Salmon fishing from yes Wenepesiocho Lake to ye Mouth of ye said Rivers on y Sea Coasts & also of Erecting Kedges & Wracks in said River of such Mesh or distance as Alewives & other small Fish may pass freely for y Comon Benefit of all ye Plantations that are or may be on the s River AND ALL Rights Priviledges Royalties Powers Jurisdictions & Hereditaments of him the s R. T. Mason to the s" several Tracts & premises belonging & every part and parcel thereof TO HAVE & TO HOLD all & singular the Premises with their & every of their Rights Members Hereditaments & Appurces And ye Reverc'on & Reverc'ons Remainder & Remainders thereof & of every part & parcel thereof Or such of them as upon survey shall appear to lye & fall within ye Limits & Bounds of the s Province of N Hampsh' by Virtue of the Letters Patents aforem" Unto the s J Usher Ch. Lidget & Th. Maccarty their Heirs & Assigns To the only proper Use Benefit & Behoofe of them the s" J Usher C.. Lidgett & T Maccarty their Heirs & Assigns for Ever YEILDING & paying unto the s Robert Tufton Mason his Heirs & Assigns or unto such other Person or Persons unto whom the next immediate Remainder or Reverc'on of the Premises for ye time being shall of Right belong or appertaine for Ever the YEARLY RENT Charge or Sum of Ten Shillings at or upon the four & Twentieth day of June in every Year the first Paym to Com'ence on yes 24 June which shall be in 1687 or within 28 days after if demanded for such part of ye Premises as upon survey shall to Lye & fall within ye sd Province of New Hampshire by Virtue of the Letters Patents aforemen And Also rendering one fourth part of all Gold & Silver Ore that shall be found dug out & taken off from & within such part of ye said Premises or any of them for & in Lieu of such part of such Ore as by ye Letters Patents aforemend are reserved unto His Majesty His Heirs & Successors AND if it shall happen that the sd Yearly Rent Charge of Ten Shillings or any part thereof to be behind or unpaid for ye space of 20. days next over or after the Expiration of ye sd 28 days being Lawfully demanded on the Premises That then ye sd Rent Charge so in Arrears shall be doubled, And that it shall & may thenceforth be Lawful to & for ye sa R. T. Mason his heirs or assigns or such other Person or Persons who shall or may have the then Lawful Right & Title to the Reverc'on or Remaind' thereof as aforesd into ye sd Premises or any part thereof to Enter & distrein for ye same And the distresse found & taken to lead drive carry away sell & dispose for satisfying the s Yearly Rent Charge & Arrearages thereof together with all Charges & disbursemts thereby occasion'd Rendering ye Overplus And the s R. T. Mason for himself his heirs & assigns Doth Covenant promise & graut to & with the sd J Usher Cha. Lidgett their Heirs & Assigns That for or notwithstanding any Act or Thing whatsoever by him ye sd R. T. Mason done to the Contrary, he the said R. T. Mason hath good Right & Lawful Power to grant & convey the Premises in Manner & form afores by Virtue of ye Letters Patents aforemention'd And that they the s J Usher C Lidgett & Th. Maccarty their Heirs & Assigns for ever All and singular ye Lands & premises herein before mention'd to be bargained & sold shall & may Lawfully & quietly have hold & enjoy ye same free of & from all manner of Incumbrances had made or done by him the s R. T. Mason his heirs or Assigns or Captaine John Mason or any other Person or Persons Lawfully claiming or deriving by from or under the s Captain John Mason or any other claiming any Right Title or Estate therein by Virtue of the said Letters Patents. In Witness whereof the Parties first above-named, to these present Indentures have interchangeably set their hands & Seals the day & Year first abovewritten. Memorandum/. That before sealing & delivering it was assented to & agreed to by all Parties to these Presents That if the above named Robert Tufton Mason or John Tufton his Eldest son shall at any time within 24 Months after datepay to any of the Parties to these Presents for use of themselves & Company, One full Share & part (according to the Number already admitted or within ye sa time to be admitted Partners in the Premises) of all Paymts Charges & disbursem's that have been or may in ye Interim be expended or accrue by any Adventures or Improvemts thereon, that then he shall be admitted a Partner in ye Premises & all Improvem's that shall be made thereon Robert Tufton Mason [Seal] Robert Tufton Michael Perry Signed Sealed & delivered in presence of Win Harrison Humphrey Luscombe & Michael Perry sworne Before us the 9. Nov. 1686-did Testify that they saw the Sealing & Delivery of the above written Deed by the said Robert Tufton Mason, Before us Members of His Majesty's Council Barth. Gedney Entred in the Registry at Boston Nov. 10. 1686 Lib. 1. pa. 27, 28, 29, 30, 31, 32. Edw Randolph Reg N B. Livery of Leisin & possession was Given in Form 8 Sept. 1686 which is also recorded. MemorandTM feb. 23. 1748-The Abbreviations of Names & Words, & instead of Figures-are the Words at Length in yo Original— [Verdict against William Vaughan Confirmed Nov. 19, 1686.] [Masonian Papers, Vol. 1, p. 19.] At the Court at Whitehall the 19th November 1682 in Upon reading this Day at the Board a Report from the Honble the Lords of the Committee of Council for trade and Foreign Plantations bearing date the 6th Day of November instant Setting forth that in obedience to his Majesties orders in Council of the 25th of April 1685 and the 3d of July last they have Examined the Appeale of W Vaughan from a Verdict and Judgmt given ag him on the 6th Day of November 1683 in his Majties Courts in New Hampshire in New England at the suit of Robert Mason Esq' as Proprietor of that Province for Certain Lands & Tenemts in Portsm° in the said Province and that they has heard the Said Robert Mason and Nath' Wear Attorney for the Appellant and his Councill learned in the Law are Humbly of opinion that his Majesty be pleased to Ratify and Affirme the Verdict & Judgment aforesaid His Majesty in Councill was pleased to approve of their Lordships said opinion and Report and to order the said Verdict & Judgment given against the said William Vaughan on the sixth Day of Nov 1683 in his Majesties Courts in New Hampshire in New England at the Suit of Rob Mason Esq as Proprietor of that Province for Certaine lands & Tenements in Portsm° in the said Province be Ratified and Affirmed and they are hereby Ratifyed and Affirmed Accordingly Vera Copia Wm Bridgeman Richard Partridge Clerk Copy as file in the Case Allen vs Waldron Geo: Jaffrey jr Cl: [Judgment for Costs against Vaughan, Dec. 10, 1686.] [Masonian Papers, Vol. 1, p. 20.] At the Court at Whitehall the 10th December 1686 The Kings most Excellent Majtle in Councill Whereas on the 19th day of November last upon the Report of the Right Honble the Com'ittee for Trade and Plantations his Majesty was pleased to Ratify and Affirme the Verdict and Judgement given against W Vaughan on the 6th of November 1683. in his majesty's Courts in New Hampshire in New England in favour of Robert Mason |