[Memorial of John Tufton Mason, Feb. 18, 1745.] [Masonian Papers, Vol. 1, p. 51.] TO HIS EXCELLENCY Benning Wentworth Esq' Governour & commander in cheif in & over His Majesty's Province of N Hamsh To the Honourable His Majesty's concill for said Province and House of Representatives in General Assembly Convened Febry 18th 1745 THE Memorial of John Tufton Mason of Portsmouth in the Province of N Hampshire Gentleman Most Humbly shews that on the Sixth day of April 1739 [1739] Your Memorialist of the first Part, John Rindge Esq (now deceas'd) and others of the Second Part, and John Thomlinson of London Merchant of the third part, Did enter into Articles of Agreement Tripartite by way of Indenture (one part) of which namely that Signed by your Memorialist is herewith presented, the Substance whereof is, that whereas the Said John Thomlinson, had before the Date of said Articles of Agreement, as Agent for the said John Rindge & others paid unto your Memorialist Seven Pounds seven shillings Lawfull money of Great Brittain, and upon the said John Rindge and others or the Gover'ment of N- Hampshire, within twelve calender Months after the Province of New Hampsh' should be confirmed Declared or made A Distinct and Seperate Goverment from the Province of the Massachusetts Bay, paying unto your Memorialist one thousand pounds Currant money of said Province of N- Hampshire, Your Memorialist did covenant and Agree to convey unto the Goverment of N- Hampshire all his Estate Right Title Interest Property Benefit claim and Demand whatsoever both in Law & Equity unto any Lands in New Hampshire afores heretofore Granted unto one capt John Mason (Long since) deceas" with a Proviso that in all future Grants or Allotments to be made of any of the Wast Lands therein conteined Your Memorialists his heirs or Assigns should have an Equall Share or proportion to any other Party or Portys to or amongst whom such grant or allotment should be made or given as by the said Articles of Agreement may at Learge appear, and Your Memorialist humbly begs leave also further to Observe, that the Province of N- Hampshire hath been declared and made A Distinct & Seperate Goverment from the Province of the Massachusetts Bay for more then four Years past and y' your Memorialist hath ever since and still is ready on his part to comply with and perform his covenants and agreements afores, Yet nothing hath been done by the Goverment of N- Hampsh' relateing to the said Arti cles of agreement that your Memorialist hath come to the Knowledge of Notwithstanding, as your Memorialists has been Informed, His Excellency the Governour of this Province, some considerable time since Laid this Affair before the Honourable House of Representatives for this Province for t eir consideration WHEREFORE as your Memorialist expect in A Short time to be called away on his Majesty's Service. He most humbly Prays that your Excellency & Honours will be pleased to Come to a Determination concerning the Premises, That he may Discharge himself honourably both to the Province and M' agent Thomlinson and that your Memorialist may be at Liberty to make such advantages as the nature of his Claim will admit of without being cheargable with making the least Infraction on his Obligation And Your Memorialist as in Duty Bound shall ever pray &c. John Tufton Mason In council Febry 22a 1745 the within Petition read & Recomended Theod' Atkinson Secry In council May 7th 1746 read again & Recomended & ord to be sent Down Province of Theodore Atkinson Secretary a true Copy Exam'd D Peirce Clk of Hou Representatives [Council and Assembly Records, Feb. 22, 1745/8.] Capt Tufton Masons Memorial About A Contract made with Mess Thomlinson, Rindge & others in behalf of this Governm' for the s Masons Rights &c Read Recomended & Sent down to the House by Mr Sheaff [House Journal, May 7, 1746.] Capt John Tufton Mason being admitted into ye House upon his Desire & represented to y° House yt he once & again had requested ye Houses Determination on Certain Articles of agreement tripartite between John Thomlinson Esq' &c & himself & now once more pray'd that ye House would forthwith come to a Determination & give him their final & conclusive Answer [Lease, Mason to Wibird and Solly, May 16, 1746.] [Masonian Papers, Vol. 1, p. 53.] THIS INDENTURE made the Sixteenth Day of May in the Nineteenth Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith & Annoq Domini 1746-Between John Tufton Mason of Portsmouth in New Hampshire in New England Esq' of the oue part & Richard Wibird & Samuel Solly both of Portsmouth aforesaid Esq of the other part WITNESSETH That the Said John Tufton Mason in Consideration of Five pounds lawful money of Said Province to him in hand paid by the Said Richard Wibird and Samuel Solly at or before the Sealing & Delivery of these Presents the Receipt whereof he doth hereby acknowledge hath bargained & Sold & by these Presents Doth bargain & Sell all that Tract & parcel of Land heretofore called by the Name of the County of New Hampshire or New Hampshire-lying & being within the Said Province Containing by Estimation one hundred thousand acres more or Less Bounded as follows viz-Begining at the Middle of Naumkeek River from thence Runing Eastward along the Sea Coast to Cape Ann & round about the Same to Piscataqua Harbour and so forward up within the River Newichawannock & to the farthest head thereof & from thence North Westwards till Sixty Miles are Finished from the first Entrance of Piscataqua Harbour And also from Naumkeck through the River thereof up into the Land West Sixty Miles & from that Period to Cross over Land to the Sixty Miles End Accounted from Piscataqua Harbour as aforesaid and all the Messuages Tenements & Hereditaments thereof with their & every of their Appurtenances Excepting & Saving out of the Said Premisses the Townships of Portsmouth Hampton Dover Exeter Stretham & New Castle with all the Parishes Districts precincts & Villages within the Said Townships any & every of them as the Said Townships Parishes Districts precincts & Villages are Limited & Bounded by the Acts Orders Records Customs & usages of the Said Province and also Excepting all that part of Said Premises Contained within the Bounds & Limits of the Townships Called Salisbury Almsbury Haverhill Methuen & Dracut any & every of them which is Situate within the Said Province with all & Singular the Messuages Tenements & Hereditaments Appertaining & belonging to any & every of the Sa Excepted premises & every part & parcel thereof with their & every of their Rights members Privileges & Appurtenances with all Mines Minerals Rivers Streams ways Easements Privileges Profits & Commodities to the Said Granted & Released premises belonging or in any wise appertaining & all the Estate Right title Interest & property of the Said John Tufton Mason in & to the Said premises & every part & parcel thereof with the Reversion & Reversions Remainder & Remainders Rents & Services thereof or Incident thereto the Said County with all the Messuages Lands Tenements Hereditaments & all & Singular the Said Granted premises with their & every of their Appurtenances to them the Said Richard WIBIRD & Samuel Solly TO HAVE & TO HOLD the Said County with all ye Messuages Lands Tenements & Hereditaments & all & Singular other the Premisses herein before mentioned or intended to be hereby bargained & Sold with their & every of their Rights members & Appurtenances unto the Said Richard Wibird & Samuel Solly their Executors Administrators and Assigns from the Day next before the Day of the Date of these presents for & During the Term of one whole Year from thence next ensuing & fully to be compleat and ended YIELDING & PAYING therefore unto the said John Tufton Mason his Heirs & Assigns the Rent of one peper Corn only on the last Day of the Said Term if the Same Shall be Demanded To THE INTENT & PURPOSE that by Virtue of these presents & of the Statute For transferring Uses into Possession the Said Richard Wibird & Samuel Solly may be in the actual Possession of all & Singular the Said hereby bargained Premisses with their Appurtenances & may ther'by be enabled to accept and take a Grant or release of the Reversion & Inheritance thereof to them & their Heirs in Such Manner and for Such uses intents & purposes as the Said John Tufton Mason Doth intend to grant or release the Same by Indenture intended to bear Date the Day next after the Day of the Date of these Presents WITNESS, my hand & Seal the Day & Year first above written Signed Sealed & Deliver'd in presence of us the words Solly both being first Interlin'd also the Words, as aforesaid, & Exeter. William Parker D Peirce Jn Tufton Mason [seal] May the 20th Day 1746 then the above named New Hampsh' John Tufton Mason Personally appearing acknowledged this Instrument to be his voluntary act & Deed Before William Parker Justice of the Peace [Indenture for Docking the Entail, May 17, 1746.] [Masonian Papers, Vol. 1, p. 52.] THIS INDENTURE Tripartite made the Seventeenth Day of May in the Nineteenth Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c Annoq Domini 1746-Between John Tufton Mason of Portsmouth in New Hampshire in New England Esq of the first part & Richard Wibird & Samuel Solly both of Portsmouth aforesaid Esq's of the Second part & John Wentworth of Portsmouth aforesaid Esq's of the third part WITNESSETH That the Said John Tufton Mason for the Docking barring & cutting off all Estates Tail & Remainders in Tail of & in the Messuages Lands buildings Mills Streams tenements & Hereditaments herein after Mention'd & Described & for the Settling & Assuring of the Same to & for the Uses Intents & purposes herein af er Limited expressed and Declared & in Consideration of five pounds lawfull money to him in hand paid by the Said Richard Wibird & Samuel Solly the Receipt whereof is hereby Acknowledged & for Divers other Good Causes & Considerations hereunto moving he the Said John Tufton Mason Hath Granted Bargained Sold Remised Released Convey'd & Confirmed & by these Presents Doth grant bargain Sell Remi e Release Convey & Confirm unto the Said Richard Wibird & Samuel Solly (in their actual Possession now being by Virtue of a bargain Sale thereof to them made by the Said John Tufton Mason by Indenture Dated the Day next before the Day of the Date of these Presents for one Year from the Day next before the Date of the Same Indenture in Consideration of five pounds lawfull money paid by the Said Richard Wibird & Samuel Solly to the Said John Tufton Mason (& by Force of the Statute for transferring uses into Possession) All that Tract & parcel of Land heretofore called by the Name of the County of new Hampshire or New Hampshire lying & being within the Said Province Containing by Estimation one hundred thousand acres more or Less Bounded as follows viz Begining at the Middle of Naumkeek River from thence runing Eastward along the Sea Coast to Cape Ann & round about the Same to Piscataqua Harbour & So forward up within the River Newichawannock & to the farthest head thereof & from thence Northwestwards till Sixty Miles are finished from the first Entrance of Piscataqua Harbour and also from Naumkeck thro' the River thereof up into the Land West Sixty Miles from which Period to Cross Over Land to the Sixty Miles End Accounted from Piscataqua Harbour as afore |