The above is a Copy as on file in a Case between Sam" Allen Esqu' & David Lawrance Examind Geo: Jaffrey j' Cl: Letter, Earl of Bellomont to the Lords of Trade, June 22, 1700, State Papers, Vol. 2, p. 348. Complaint against James Menzies, Feb., 1700-1, State Papers, Vol. 3, pp. 119, 122. [Permission to Withdraw Papers in Hern vs. Dow, Aug. 13, 1700.] [Masonian Papers. Vol. 1, p. 29.] Province of Newhampshire. At a Superior Court of Judicature held for this Province of Newhampshire at Portsmouth 13.. day August 1700. Joseph Hern moved the Court that the Originall papers that were delivered unto the Court in a Cause depending at his suit against Henry Dow in a plea of Trespass and Ejectment, might be made use of in three other Suits or pleas of Trespass and Ejectment at his suit ready to be tryed-One against Richard Waldron another against Samuel Leavett and another against William Vaughan. That the Clerk might deliver the said Originall papers again takeing Coppies of them and being paid for the same. Which was accordingly Granted Copy of Record.— Attest Nath' Adams Clerk [Mortgage of New Hampshire, etc., from Allen to John Usher, Oct. 14, 1701.] [Masonian Papers, Vol. 1, p. 30.] This Indenture made the fourteenth day of October Anno Domini One thousand seven hundred and one, Annoque Regn' Regs Gulielmi Tertii Angliæ &c. decimo tertio-Between Samuel Allen Esquire Proprietor of the Province of New Hampshire in New England of the one part, & John Usher of Charlestown in the County of Middlesex within the province of the Massachusetts bay in New England aforesaid Esquire on the other part,-Witnesseth that the said Samuel Allen for & in consideration of the Sum of one thousand five hundred pounds current Money of New England to him in hand well & truly paid at & before the ensealing & delivery of these presents by the said John Usher, the receipt whereof to full content & Satisfaction the said Samuel Allen doth hereby acknowledge & thereof & of every part & parcel thereof doth acquit exonerate & discharge the said John Usher his heirs Executors administrators & Assigns & every of them forever by these presents As also for divers other good causes & considerations him thereunto moving, He the said Samuel Allen hath given granted bargained sold aliened enfeoffed conveyed & confirmed & by these presents for himself his heirs doth fully freely clearly & absolutely give grant bargain sell alien enfeoff convey & confirm unto the said John Usher his heirs & Assigns forever, All that part purpart & portion of the main Land of & in New England in America beginning from the middle part of Namkeck River & from thence to proceed Eastwards along the Sea Coasts to Cape Ann, & round about the same to Piscataqua harbour, & so forwards up within the River of Newichawonock & to the farthest head of said River & from thence northwestwards till Sixty miles be finished from the first Entrance of Piscataqua Harbour, And also from Naumkeck through the River thereof up into the Land West Sixty Miles from which period to cross overland to the sixty Miles End, accounted from Piscataqua through Newichawonock River to the land northwestward aforesaid, AND also all that the South half of the Isles of Sholes together with all other Islands & Isceletts as well embayed as adjoining lying or abutting upon or near the premises or any part or parcel thereof, within Five leagues distance not otherwise granted to any by special name at any time before the eighteenth day of April One thousand six hundred & thirty five, all which parts & portions of Lands Islands and premises are called by the name of New Hampshire or the province of New hampshire, & also all that other parcel or portion of Lands woods & wood grounds lying on the Southeast part of the River of Sagadehock in the north east part of New England aforesaid at the mouth or entrance thereof containing there Ten thousand Acres which said other parcel of Lands is called & known by the name of Masonia, AND ALSO all that part or portion of Land in the province of Main in New England aforesaid beginning at the Entrance of Newichawonock River & so upwards along the said River & to the furthest head thereof & to contain in breadth through all the length aforesaid three miles within the land from every part of the said River & half way over the said River, AND also all Towns, Villages & habitable places situate standing or being in the said province of Newhampshire, parcels of Land wood & wood grounds called Masonia part of the sd province of main or any of them, And also all that firm Lands Soils, & Grounds as well under water as above water & every Shores Creeks Havens, Harbours Bays ports Rivers Lakes Floods Waters Mines & Minerals as well royal Mines & minerals of Gold & Silver as other Mines & minerals be they such Mines & Minerals or veins of Metal as are close hidden in the Earth or openly seen in or upon the Earth, Saving only the fifth part of all the Oar of Gold & Silver to remain to his Majesty his heirs & Successors all quarries precious Stones pearls Ambergreese pine Trees Fir trees Oakes & all other Timber trees woods under woods & all fishing of what kind or kinds of fish soever, whether royal Fishes as whales, Sturgeons or any other Fish by whatsoever name or names they or any of them are or shall be called or known, hunting, hawking, fowling & all other singular other prerogatives rights commodities Jurisdictions royalties privileges franchises liberties preeminencies, marine power iu & upon the Seas, Lakes & Rivers within the said province & other premises, AND also all Escheats Casualties Fflotzam Jetzam Logan, Anchorage & all other such duties Seils Islets perquisites & profits of Courts Deodands Waives & Strays, Goods of felons, & fugitives, Escheats casual, profits hereditaments & appurtenances whatsoever Situate lying being arising happening accruing or to be had taken or enjoyed or any ways appertaining or belonging upon or within or out of the said province of New hampshire, parcels of Lands Wood & wood grounds called Masonia part of said province of Main, or any of them of what kind or nature soever in New England aforesaid whereof wherein or whereinto the said Samuel Allen is seized possessed or have any Estate right title Interest equity of redemption claim or demand whatsoever And ALSO all the reversion & reversions Remainder and Remainders of & in all & every the hereditaments & premises in & by these presents granted or mentioned to be granted & all the Rents all the rate of sixpence, or any other Sum by the Acre & all other cheifrents, quitrents or other rents reservations Services Issues & profits reserved due payable issuing or arising out of all & every or any of the said hereditaments & premises in & by these presents granted or mentioned to be granted, AND all royal & other Rights powers liberties authorities Jurisdictions royalties benefits advantages & other matters & things whatsoever, And all the estate right title interest power authority claim & demand whatsoever of the said Samuel Allen of into or unto of all and every the said province tracts of Lands, Towns Villages habitabel places, heriditaments & premises in & by those presents granted or mentioned to be granted or any of them And also all deeds writings rentals accounts papers and Evidences whatsoever any ways relating unto touching or concerning the said hereditaments & premises, TO HAVE & TO HOLD, the said province of New Hampshire parcels of Land wood & wood grounds called Masonia, & all other the above granted & bargained premises, with their & every of their rights members & appurtenances, & every part & parcel thereof unto the said John Usher & his heirs & Assigns forever to his & their own & sole proper Use & benefit & behoof forever, PROVIDED always & upon condition nevertheless it being the true intent & meaning of these presents & parties to the same any thing herein to the contrary notwithstanding that if the said Samuel Allen his heirs Executors administrators or Assigns shall & do well & truly pay or cause to be paid unto the above named John Usher, his heirs Executors administs or Assigns at or in the dwelling house of the said John Usher situate on his Farm in Charlestown where he now liveth in current Money of New England as it now passeth in the Massachusetts province aforesaid the Sum of One thousand five hundred pounds in manner & according to the Articles & Agreement Signed by the abovenamed Samuel Allen & John Usher bearing date with the presents & that on or before the fourteenth day of October which will be in the year of our Lord One thousand Seven hundred & three, without fraud coven or further delay, that then this present Indenture Sale, mortgage & Grant, & every clause & article herein contained shall cease determine be utterly void & of none effect or else to abide & remain in full force strength & virtue to all intents & purposes in the Law whatsoever. IN witness whereof the said parties have interchangeably set their hands & Seals the day & year first above written Signed Sealed & delivered in Boston in presence of us. Benja Elliot Ja Meinzies. Samuel Allen seal. Boston February 16th 1703/4. Benjamin Eliot of full Age personally appearing before me the Subscriber one of her Majestys Justices of the peace within the province of the Massachusitts bay in New England made Oath that he Saw the within named Samuel Allen Esquire Sign seal & deliver the within written Instrument as his Act & Deed & that he the deponent together with James Meinzeis set to their names as witnesses of the Execution thereof Jurat Cor. Is" Addington Entred & Recorded according to the Original March 14th. 1703/4, Sam' Penhallow Recorder Rockingham Records Lib 7, Fol 60 & Attest Sam' Brooks Redr [Governor's Speech and Answer, Feb. 10, 1703-4.] Province of ruary 1703 At a Council and General Assembly held at Portsm° by Adjournment on thursday the 10th day of Feb Part of his Excellency's Speech to the General Assembly as Followeth Vizt GENTLEMEN / I think it Alsoe proper to Acquaint you with her Majestys Commands which I have Receiv'd referring to Mr Allens title to the waiste of this Province as the Same is Conveyed to him from the Heirs of Mr Mason and to Acquainte you that Nothing will more Tend to your Quiet and Repose nor to her Majesty's Just Satisfaction referring to this Province then to have an Amicable and quiet Issue in that Matter At a Council and General Assembly held at Portsmouth by Adjournment on Fryday the 11th of Feby 1703 Part of The Assembly's Answer to the above Speech Viz- As to What your Excellency has been Pleased to Communicate to us of her Majestys Commands referring to Mr Allen's Title to the Waiste of this Province we Humbly represent and Pray of your Excellency that it may be Said before her Most Sacred Majestie that we are Very Sensible of her Majesty's Princely regard and Justice to her Most Dutifull Subjects of this Province in the Last Tryall Between Mr Allen and M Waldron which has forever Obleidged us |