p'mises aforesaid, Granted or Intended to be granted according to our true intent & Meaning in these our Letters pattents signified & declared or mentioned as by the Learned Councel of us our heirs & successors and of all the sd Company & their successors shall in that behalf be reasonably advised or devised, and further our will & pleasure is that in all questions and Doubts that shall arrise upon any difficulty of Construction or Interpretation in any thing Contained in these our Letters pattents they shall be taken and Interpreted in most ample and beneficial Manner, for the said Councel & their successors & every Member thereof, and we do further for us our heirs & Successors Charge & Command all & singuler admirals vice admirals Generals Command's & Capts, Justices of the peace Majors Sheriffs Baylifs Constables Customers Controlers wayters serchers & all the officers of us our heirs & Successors whatsoever to be from time to time & at all times hereafter in all things aiding & assisting & helping Unto the said Councel & their Successors and unto every of them upon request & requests by them to be made in all matters and things for the furtherance & accomplishm' of all or any of the matters & things by us in & by these our Letters Pattents given granted & provided, or by us meant or Intended, to be given, granted & provided, as they our sd officers & the officers of us our heirs & Successors to tender our pleasure, & will avoide the Contrary at their perrills, and also we do by these presents ratify & Confirm unto the said Councel & their successors, all priviledges Franchises Liberties & Immunities, granted in our sd former Letters Pattents & not in these our Letters pattents, revoked Altered changed or abridged altho' express mentioned &c

In Witness &c our selves at westminster the Third day of November in y Eighteenth year of our reign—

Pro: Newhamp Vera Copia from the pared 6th June 1704—

Bre de privato Sigillosup' Courts Record ComTheo: Atkinson Cle'

Pro: Newhamp Vera Copia Compared ye 9th July 1706

Theo: Atkinson Cle'

Pro: Newhamp Vera Copia Compared with what on file in ye Inf Court of Common pleas, ye 15th April: 1707—

Cur Henry Penny Cl— Copy as in file in the Office of the Clerk of the Superiour Court of Judicature

Examin'd October 34 1760

Geo: Jaffrey Cler

March 20th 1793 Copy examined by

Nath' Adams Clerk

[Grant of Mariana, March 9, 1621–2]

[Archives of England, Colonial Entry Book, Vol. 59, p. 93.]

A Grant of Cape Anne in New England from the President & Council of New England to John Mason Esq

This Indenture made ye Ninth day of March in ye 19th yeare of the Reigne of Our Sovereigne Lord James by ye Grace of God King of England, Scotland, ffrance & Ireland, Defender of the ffaith. Betweene y President & Councell of New England of the one parte and John Mason Gent. and inhabitant of the Citty of London of ye other parte. Witnesseth that whereas Our Said Soveraigne Lord King James for ye makeing a Plantac'on & Establishing a Colony or Colonyes in the Country called or knowne by the Name of New England in America hath by his Highness Letters Patents under the Great Seale of England bearing Date at Westminster the 34 day of Novemb2 given granted & confirmed unto the Rt Hon ble Lodwick Lord Duke of Lenox, George Marquies of Buckingham, James Lord Marquiss Hamilton, Thomas Earle of Arundell Robert Earle of Warwick S Ferdinando Georges Knight & divers others whose names are expressed in the Said Letters Pattents their Successors and Assignes that they Shall be one body politicque and Corporate perpetuall, and that they should have perpetuall Succession, and One Common Seale or Seales to Serve for ye Said Body, and that they & their Successors shalbee knowne called and incorporated by the Name of the President and Council Established at Plymouth in the County of Dev'on for ye Planting Ruling & Governing New England in America And alsoe hath of his especiall Grace certaine knowledge meer motion for him his Heirs & Successors given granted & Confirmed unto the Said President & Councill & their Successors under the Reservac'ons limitac'ons & Declarac'ons in the Said Letters Pattents expressed. All that parte & Porc'on of the Said Country Now comonly called New England which is Scituate lying & being betwixt the Latitude of 40. Degrs. & 48 of Northerly Latitude togeather with the Seas & Islands lying wthin One hundred Miles of any parte of the said Coast of the Country aforesaid. And alsoe all ye Lands Grounds Soyle havens Ports Rivers Mines as well Royall Mines of Gold & Silver as others Mines Mineralls pearles and pretious Stones woods quarreys Marshes Waters fishing hunting hawking fowling Comodities & Herediatam's whatsoever togeather wth all the prerogatives Jurisdic'ons Royaltyes priviledges, ffranchises and preheminences whin any of ye said Territoryes and y precincts thereof whatsoever To have hold possess & enjoy all & Sing'ler ye said Lands & premises in ye said Letters Pa

tents Granted or menc'oned to be granted unto them the Said President & Councill their Successors and Assignes. To be holden of his Matie his Heirs and Successors as of his Highness Mannor of East Greenwich in ye County of Kent in free & Com'on Soccage and not in Capite or by Knights Service Yelding & paying to ye Kings Maty his heires and Successors the one fifth part of all the Oare of Gold & Silver that from time to time and att all times from the Date of the said Letters Patents Shall be there gotten had or Obteyned for all Services Dutyes or Demands as in & by his Highness Said Letters Patents amongst Divers other things therein conteyned more fully & at large it doth & may appeare And whereas the Said President and Councill have upon Mature Deliberac'on thought fitt for ye better furnishing and furtherance of the Plantac'ons in those parts to appropriate and allotte to Severall and particuler persons diverse parcells of Lands wthin the precincts of the aforesaid granted premises by his Mats said Letters Patents, NOW THIS INDENTURE further witnesseth that ye said President and Councell of their full free and Mutuall consent as well to ye end that all the Lands woods, waters, Islands & fishings with all other the profitts and Comodityes whatsoever to them or any of them and hereafter in These presents menc'oned may be wholy & intirely invested appropriated Severed and Settled in & upon the Said John Mason his heirs and assignes for Evar, as for divers Speciall services for y advancem' of ye said Plantac'on & other Good causes & considerac'ons them especially thereunto moveing have given granted bargained Sold assigned aliened Enfeoffed Sett over & confirmed, And by these presents doe give grant bargaine sell assigne alien Enfeoffed Sett over & confirme unto ye said John Mason his heirs and assignes, All that part of the Sea Coast of New England being a great headland or Cape & lying in ye Northermost parts of the Massachusetts Country & to ye Northeastwards of the Great River of the Massachusetts Stretching it Self out into ye Sea Eastwards five Leagues or thereabouts and lying betwixt ye Lat. of 42 & 43 Degr. or thereabouts; & com'only called or knowne by the Names of Cape Frabigzand or Cape Anne wth the North South & East Shoares & Coasts thereof the back bounds thereof towards the Maine Land to begin at the head of the Next Great River to the Southwards of the said Cape wch runns upwards into the Country of the Main Land westward and Supposed to be called Naumkeck or by what other Name or Names the Said River is or may be called & soeforth Eastwards into ye Sea & to y uttermost part of ye Said headland or Cape & round about the Same to ye Northwards and from thence along the Sea Coast to the Next Great River wch runns up into the Maine Land Westwards & Supposed to be called Merimack or by what other Name or Names the said River is or

ch

may be called & lying to the North westwards of the said Cape & to the farthest head of the Said river from wch period to Crossover land to ye head of the other Great River web lyes Southwards of ye aforesaid Cape where the perambulac'on began & halfe way over that is to Say to ye Midst of either of y° Said two Rivers weh bounds or limits the aforesaid lands both on ye North & South thereof togeather with the Great Isle or Island henceforth to be called Isle Mason lying Neere, or before the Bay Harbor or y river of Aggawom togeather alsoe wth all the Seas Isles or Islands adjoyning to any part of ye precincts of the Lands aforesaid or lying wthin 3 Miles of any parte of ye same, as alsoe all ye Lands Soyle Grounds havens Ports Rivers Mines Mineralls pearls & pretious Stones woods Quarreys Marshes Waters Lakes fishings hunting hawking ffowling Com'odityes & hereditamts whatsoever with all & Singler their appurtenances togeather wth all preroga. tives rights royaltyes jurisdictions priviledges francheses p'heminences libertyes Marine power as alsoe ye Escheats and casualtyes thereof, wth all ye State right title interest claime & demand whatsoever wch the Said president & Councill & their Successors of right ought to have or claime in or to the Said porc'ons of land & other ye premises. as is aforesaid by reason or force of his Highness Said Letters Pattents in as free large ample & beneficiall Manner to all intents construc'ons & purposes whatsoever as in & by ye Said Letters Patents the Same are amongst other things granted to ye Said president & Councill aforesaid Except two ffifths of the Oare of Gold & Silver these presents hereafter expressed weh Said Porc'ons of Lands wth the appurten'ces the sd Jhohn Mason with the consent of the President and Councill intendeth to Name Mariana.

To have and to hold all ye Said porc'ons of land wth ye Great Island henceforth to be called Isle Mason & all other Islands adjacent & wthin three Miles thereof and all & Singuler other ye premises hereby Given granted aliened enfeoffed & confirmed or menc'oned or intended by these presents to be given granted Aliened enfeoffed & confirmed wth all & Sing'ler ye appurten'ces & every part & parcell thereof unto ye Said John Mason his heyres & Assignes for ever, To be holden of his Said Mate his heyres & Successors as of his Highness. Man'o' of East Greenwich in the County of Kent in ffree and common Soccage & not in Capite or by Knts Service Nevertheless wth Such exceptions reservac'ous, limitac'ons & Declarac'ons as in the Said Letters Pattents are Expressed Yeelding and paying unto Our Said Sovereigne Lord the King his heires and Successors the one fifth part of all ye Oare of Gold and Silver that from time to time & at all times hereafter shall bee there gotten had and obteyned for all Services Dutyes and Demands, And also yelding & paying unto the Said

President and Councell & their Successors Yearly the Sum' of ffive shillings English Money or the value thereof in fish or other Com'odityes of the Country if it be demanded.

And the Said President & Councell for them and their Successors doe Covenant & Grant to & wth ye Said John Mason his heires and assignes from and after then Sealing & delivery of these p'nts according to the purporte true intent & meaning of these p'nts that he Shall & May from henceforth & from time to time for Ever peaceably quietly have hold possess & enjoy all the aforesaid porc'ons of Land wth all other the Islands & premises wth the appurten'ces hereby before given & granted or Menc'oned meant or intended to be hereby given & granted & every part & parcell thereof without any lett disturbance or denyall trouble interupc'on or evicc'on of or by the Said President & Councill or any person or persons whatsoever claiming by from or under them or their Successors or by or under their State right Title or interest, And the said President & Councell for them & their Successors doe Covenant & Grant to & wth the Said John Mason his heires and assignes by these Pints, that they the Said President & Councell Shall at all times hereafter upon reasonable request at ye only proper Cost & charges in the Law of the said John Mason his heyres and assignes doe make performe Suffer execute & willingly consent unto any further Act or Acts conveyance or conveyences assurance or assurances whatsoever for the good & perfect, investing assureing & conveying & Sure makeing of all the aforesaid Porc'ons of Land & Islands and all & Sing'ler the appurten'ces to ye Said John Mason his heyres & assignes as by him his heyres & Assignes or by his or their Councell Learned in the Law Shall be devised advised or required And it is further agreed by & beetween the said partyes to these Presents, And the said John Mason for him his heyres Executors & Administ's doth Covenant to & with the said President & Councill & their Successors by these Presents that if at any time hereafter there shall be found any Oare of Gold or Silver whin the Grounds or in any part of the said premises that then he the s John Mason his heyres & Assignes shall yeeld & pay unto y° said President & Councell their success and Assignes one fifth part of all Such Oare of Gold & Silver as shall be found in & upon the premises. And the Said John Mason doth farther covenant for him his heyres & Assignes that he will Establish such a Governm' in ye said Porc'ons of Lands granted unto him & the same will from time to time continue as shall be agreeable as neere as conveniently may bee to the Law's and Customes of the Realme of England, and if he shall be charged at any time to have Neglected his Duty therein that then he will reforme the same according to the Directions of the President & Councill. And further that