The Memorial of John Tufton Mason now residing at Boston Mariner Sheweth That John Mason of London Esq', in the Years 1620, 1629 and 1635 had several Grants and Conveyances of the Province of New Hampshire and other Lands made him by the Council of Plimouth That in the year 1635, the said John died, leaving behind him. four Grandchildren, by his Daughter Ann (who intermarried Joseph Tufton Esq) namely Ann, Robert, John & mary-and by his last will and Testament, duly proved and approved at London and of Record there as also in the Province of New Hampshire (among other things) devised his Estate in America to his Said Grandsons, thereby ordering them to take the Name of Mason and that the Estate continue in that Name That upon the Restoration of King Charles and afterwards, in the Year 1677, the said Robert (his brother John being dead without Issue) petitioned for the Settlement of the Line of New Hampshire and obtaind the Same and was declard the Heir of the said John Mason and to be the Proprietor of the said Province-the Said Robert also Dying left two Sons namely John & Robert the Second John being Dead Childless That some Years after, the Second Robert died, suddenly, leaving oneonly son and heir, who went early to Sea and died about twenty Years Since, leaving your Memorialist an Iufant That your Memorialist understanding the said Line or Boundary is about being resettled at Home, and being desirous to be present at the Determination of the Controversy between the two Provinces, in order to prevent his own Property's being affected thereby, thought it proper to acquaint your Excellency and Hon'ors with his Intention, that so, if any thing just and equitable may be thought of proper to be done by and between this Province and your Memorialist, it may be brought about; which is the hearty Desire of and humbly Submitted to your Excell'cy and Hon'ors by Your most humble servant Boston June 1738 [Opinion of John Read and Robert Auchmuty, June 16, 1738.] [Masonian Papers, Vol. 1, p. 38.] John Tufton masons Case 1629 Nov 7 The President and Council Establisht at Plim° for the planting & Governing of New England Granted to Captain John mason of London Esq all that part of the main Land in New England from the Middle of Merimack River along the Sea Coast to Piscataqua River up that river to the farthest head thereof & from thence Northwestwards till three score miles be finisht from the Entrance of Piscataqua River and from merimack thro' that river to the farthest head thereof & so forwards up into the Land westward till three Score miles be finished & from thence to Cross over Land to the three Score miles and accounted from Piscataqua River together with all the Islands within five miles of the premises with the appurtenances wh the Said John mason with their Consent intended to name Newhampshire to hold to the said John mason & his heirs 1635 april 22: The President and Council aforesaid Grant to the said John mason all that part of New England from the middle of neamkek River along the sea Coast round Cape Ann to Piscataqua harbour & up the river Newichawannack to the farthest head thereof and from thence northwestward till Sixty miles be finisht from the Entrance of Piscataqua harbour and from Neamkeck thro' the river into the Lands west sixty miles from which period to Cross over Lands to the sixty miles and Accounted from Piscataqua aforesaid and ye south half of the Isle of shoals & all other Islands within five Leagues of the premisses all to be Called Newhampshire, also another parcel of land lying on the South East side of Sagadahock at the mouth of the river Containing near ten thousand acres to be Called by the name of masonia to hold to him & his heirs NB: S w Jones & S Frs Winington atthy & Solr Gen" in their report in favour of Robert Mason Grandson of John mason his title to Newhampshire mention another Grant from the Said President and Council to Captain John mason Dated 9th march 1020 which I have not Seen 1635 Nov 26 Captain John mason by his last will Devised to the mayor and commonality of Kingslyn 2000 Acres of Land in his County of Newhampshire or mannor of mason Hall in New England which his Executrix & overseers should think most fit Item to his Brother in Law John Wollaston 3000 Acres of Land in his County of Newhampshire or mannor of mason Hall where his Said Brother & Executrix should think fit to hold to him and his heirs Item to his Grandchild Ann Tufton masonia to hold to her & her heirs Item to his Grandchild Robert Tufton his mannor of mason Hall to hold to him & his heirs provided he alter his sirname & sirname himself mason first Item to John Wollaston aforesaid 2000 acres of land in his County of Newhamp' in trust to Convey 1000 to some feofee in trust towards the maintainance of a Godly minister in Newhampshire & the other 1000 to some feofee towards the maintainance of a free Grammer school in Newhampshire Item to his Grandchild John Tufton all the rest of his mannors Messuages lands tenements and heriditaments in his County of Newhampshire or Else where in New England to hold to him & the heirs of his body Lawfully to be begotten Remainder to Robert Tufton & the heirs of his body Remainder to his Cosin Doctor Robert Mason & the heirs males of his body & for want of such Issue to revert to the Donor & his heirs provided his Grandchild John Tufton shall alter his sirname & sirname himself mason first provided also the said John Tufton Shall pay his Sister mary Tufton out of the mannors messuages lands & Tennements aforesaid £500 Sterling for her Preferment in marriage & & & on the 2 of Dec' following his Will was proved in y" prorogative Court of Canterbury & Admin Granted to Ann his widow & Ex 1677 John & ann Grandchildren died without Issue & their Estate come to Robert Tufton mason accordingly for whom King Charles 24 Settled ye bound Line between New Hampsh' & ye mass" Bay & he died leaving two Sons John & Robert 1691 April 27 John & Robert Tufton mason bargained & sold to samuel Allen of London merchant for a sum of money all Newhampshire as bounded in their Great Grandfathers Grant of 1635. & Masonia also part of the Province of main the Countrey marianua Province of Laconia & Several Towns in Newhampshire as heretofore described with the appurtenances deeds & Charters thereof to hold to him & his heirs Then John died without Issue That Robert Tufton mason Surviving Great Grandson of Capt John mason lived & died at Portsm° of Piscataqua about forty years ago Leaving his Eldest Son John Tufton mason & several other children & this John Tufton mason about 20 years after died Leav ing one only child John Tufton mason of Boston Marriner who Claims the Province of Newhampshire & would Compound with the Province of the massachusetts Bay all differences between them Amicably Qupon the whole what Intrest hath this John Tufton mason in Newhampshire & to what purpose & Effect can the Province agree with him & in what maner Execute it A- So much as the President & Council aforsaid Conveyed to Capt John mason for Newhampshir except the Lands southward of merrimack River & w thin three miles of it on the northerly side which was before Conveyed to ye Inhabitats of the Colony of the massachusetts & Except 7000 acres particularly devised & the mannor of mason Hall the bounds & Contents whereof I know not, I say all the rest of Newhampshire Cap' John mason by his will devised to his Grandson John Tufton mason intail gen' Remainder to his Grandson Robert Tufton mason intail Gen1 with remainders over ye right has properly remained descended & Come to this John Tufton mason of Boston marriner the alienation of his Great uncle & Grandfather aforesaid notwithstanding which Could be of no avail after their death. S But if at their death his father was of full age it is so many years ago that his suit is Effectually bared by stat. 21 Jas 1. C. 16. which requires him or his heirs to bring it within 20 years after the title accrued at the farthest and if he Ever came of age he or his heirs could have but ten years after he was of age or after his death to bring this suit which must be Elapsed in this time & their suit intirely bared for which only reason I am of opinion this Province can neither gett nor lose by him & his title aforesaid Jn° Read I conceive the right properly deccends to John Tufton mason of Boston marriner the alienation aforesaid not withstanding & am of opinion the statute of Limitations aforesaid will not be held of itselfe to extend to New England being an act not affirmative of the Com'on Law but Introdicitive of a new Law & that against the Comon Law in abridgem' of the Gen" right the party has of pursuing & beyond twenty years Asserting his property & from the Express heads of the statu: the same appears to be Confined to the realm of England John Tufton mason can't Convey but for his life time & not y" being out of possession till he regains the same whatever fruit ye Province may Expect from his Title must be by proper powers Rob Auchmuty [Deposition of Mary Manfield, June 27, 1738.] [Masonian Papers, Vol. 1, p. 39.] The Deposition of Mary Manfield aged about eighty nine YearsTestifyeth & Saith that I Very well Remember when Mr Robert Tufton Mason came into New England & that he brought with him Into this Country two Sons John & Robert as they were So Reputed or Judged to be & that Robert the Younger Married with one Mrs Katherine Wiggins & by her had a Child whither a Son or daughter Saith not her Mary M Manfield mark Prov: New June ye 27th 1738 Hamp The above Named Mary Manfield Personally appear'd & Made Oath to the truth of the above Deposition taken in perpet Rei Memoriam before Shad Wallton) J: peace Jos Simpson Unus Quor [Depositions of Martha Trefethen and Deborah Jones, June 27, 1738.] [Masonian Papers, Vol. 1, p. 40.] The Deposition of Martha Trefethen aged about Sixty Six Years— Testifyeth & Saith That I well Remember Mr Robert Tufton Mason & that he had two Sons Named John & Robert as they were So deputed or Judged to be he Called ym Sons & they Called him Father & Saith that Robert the Younger Married Mrs Katherine Wiggins as was Supposed they lived together as man & wife & had a Child for which Child I acted as a Nurse & ye Child was a daughter & further Saith Not Province June 27th 1738 her Martha O Trefethen Mark New Hamp ( The above Named Martha Trefethen personally appeared & made Oath to the truth of ye above deposition taken in perpetuam rei Memoriam before Sha Walton 1 J: peace } The Deposition of Deborah Jones aged about Seventy two Years -Testifyeth & Saith That I very well Remember Mr Robert Tufton Mason & that he Married Mrs Katherine Wiggins as was Supposed they lived together & had three Children Named John (who was born before I lived in the house) Elizabeth & Katherine who was born when I was present & that Katherine died when She was about two or three Months old her Deborah V Jones Mark |