said & 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 Sa Province & also Excepting all that part of Said premises Contained within the bounds & Limites of the Townships called Salisbury Almsbury Haverhill Methuen and 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 Said 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 anywise 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 To HAVE & TO HOLD 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 their Heirs & Assigns To the use & Behoof of them the Said Richard Wibird & Samuel Solly their Heirs & Assigns for ever YET nevertheless to the Intent that by Virtue of the Said Indenture of Bargain & Sale & of these Presents they the Said Richard Wibird & Samuel Solly may become good & perfect tenants of the immediate Freehold & Inheritance of all & Singular the Said County with all the Messauges Lands Tenements Hereditaments & all & Singular the Said Granted premises with their & every of their Appurtenances against whom a Common Recovery may be had perfected and executed in Such manner as is herein after mentioned. And thereupon it is Covenanted Concluded & agreed by and between all the Said Partys to these Presents for themselves their and every of their heirs by these presents in manner following that is to Say that they the Said Richard Wibird & Samuel Solly Shall & will permit and Suffer the Said John Wentworth to Sue forth & prosecute against them the Said Richard Wibird & Samuel Solly one Writ of Entry on Disseisin in the Post returnable before His Majestys Justices of the Inferiour Court of Common Pleas at Portsmouth aforesaid on the first Thursday next following the first Tues Day of June next thereby Demanding against the Said Richard Wibird & Samuel Solly the Said County with all the Messuages Lands Tenements Hereditaments & all & Singular the Said Granted premises with their & every of their Appurtenances thereto belonging or in any manner Appertaining by Such name & names number of Acres Quantitys Qualitys Terms & Discriptions in the Said Writ to be contain'd & in Such manner & form as by Counsel Learn'd in the Law Shall be Advised unto & upon which Said Writ of Entry so to be PROSECUTED & Sued forth the Said Richard Wibird & Samuel Solly Shall appear Gratis and vouch to Warranty the Said John Tufton Mason who Shall appear Either in Person or by Attorney lawfully Authorized & enter into Said Warranty and after his entry into Warranty Shall vouch over to warranty the Common Vouchee who Shall likewise appear and enter into the Said Warranty & Imparl and after Imparlance make Default & Depart in Contempt of the Court so that Judgment may be thereupon had & given for the Said John Wentworth to recover the Said County with all the Messuages Lands Tenements Hereditaments & all & Singular the Said Granted premises with their & every of their Appurtenances thereto belonging or in any wise appertaining against the said Richard Wibird & Samuel Solly & for the Said Richard Wibird & Samuel Solly to recover in value against the Said John Tufton Mason & the Said John Tufton Mason to recover in value against the Common Vouchee to the end one perfect Common Recovery with Double Voucher may be thereupon had and Suffered and all & every other thing & Things be done & perfected needfull & Convenient for the having and Suffering the same Recovery according to the Course of Common Recoverys in Such Cases used & the Same recovery is also to be executed by one Writ of Harbere facias Seisinam Accordingly. And it is hereby further Covenanted Concluded & agreed by & between all the Partys to these Presents for themselves and their Heirs & every of them that the Said Recovery so as aforesaid or in any other manner to be had & Sufferd of the Said County with all the Messuages Lands Tenements Hereditaments & all & Singular the Said Granted premises with their & every of their Appurtenances thereto belonging or in any manner appertaining Shall be and Enure & Shall be Deemed Adjudged & taken & is meant and intended & by all the Said Partys to these Presents is hereby Declared to be and enure and the Said John Wentworth & his heirs from & Immediately after the perfecting the Same Shall stand Seized of all and Singular the Said County with all the Messuages Lands Tenements Hereditaments & all & Singular the Said Granted premises with their & every of their Appurtenances thereto belonging or in any manner appertaining to & for the only proper use Benefit & Behoof of the Said John Tufton Mason his heirs & Assigns for ever & to & for none other use Intent or purpose whatsoever IN WITNESS Whereof the Partys to these Presents have hereunto interchangably Set their hands & Seals the Day & Year first Writ ten Sign'd Seald & De liver'd in Presence of us the words both John Exeter his being first Interlin'd William Parker D Peirce Province of New Hampshire Jn° Tufton Mason [seal] Portsmouth May the 20th Day 1746 then John Tufton Mason within named Personally Appearing acknowledged this Instrument to be his Voluntary Act & Deed Before William Parker Justice of the peace [Recovery by John Wentworth, 1746.] [Masonian Papers, Vol. 1, p. 55.] Prove of George the Second by the Grace of God of Great BritNew Hampain France & Ireland King Defender of the Faith & To the Sheriff of our Province of New Hampshire his under Sheriff or Deputy-Greeting. [Seal] We Command you that you Summon Richard Wibird & Samuel Solly both of Portsmouth within our Province of New Hampshire Esq, (if they may be found in your Precinct), to appear before our Justices of our Inte' Court of Common Pleas to be holden at Portsmouth within and for our Said Province of New Hampshire on the first Thursday Next following the first Tuesday of June next then and there in our Said Court to Auswer unto John Wentworth of Portsmouth afores Esq in a Plea of Entry upon a Disseizen in the Post wherein he Demands of them all that Tract & Parcel of Land heretofore Called by the name of the County of New Hampshire or New Hampshire Lying & being within our Said Province Containing by Estimation one Hundred Thousand Acres more or Less Bounded as follows (Viz) Begining at the middle part of Naumkeck River from thence Runing Eatward 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 finnished from the first Enterance of Piscataqua Harbour and also from Naumkeek through 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 aforesaid and all the messuages Tenements and Hereditaments thereof with their & Every of their appurtenances Excepting & Saveing out of the Said Premises the Townships of Portsmouth Hampton Dover Exeter Streathem & New Castle with all the Parrishes Districts Precincts & Villages within the Said Townships any and Every of them as the Said Townships Parrishes Districts Precincts & Villages are Limited & Bounded by the Acts Orders Records Customs & usages of our Said Province and also Excepting all that Part of Said Premises Contained within the Bounds & Limits of the Townships Called Salisbury Almsbury Haverhill methuen & Dracutt any & Every of them which is Situate within our Said Province with all & Singuler the Messuages Tenements & He editaments appertaining & belonging to Any & Every of the Said Excepted Premises and Every Part & Parcel thereof with their & Every of their Rights members Preveledges & appurtenane s into which Premises, (Excepting as before Excepted) they the Said Richard & Samuel have no Entry but after a Disseizen wch Hugh Hunt thereof unjustly & without Judgement Committed Against him within Twenty years Last past & whereof he Complaineth that the said Richard & Samuel still unjustly Deforce him and whereupon he Saith that he himself was Seized of the Said County of New Hampshire Lands Tenements and Hereditaments afores with the appurtunances (Except as before Excepted) in his own Right as of his Inheritance & Right in a Peaceable time in our Reign taking the Proffitt thereof to the Value of Three Thousand Pounds a year and into wch the Said Richard & Samuel have no Entry but after the Disseizen which Hugh Hunt thereof unjustly & without Judgement Committed Against him within Twenty years Last past & whereof they unjustly Deforce him & thereupon he brings this Suit and have you there this Writ with your doings therein Wittness Theodore Atkinson Esq' at Portsmouth the Twentyeth Day of may in the 19th year of our Reign Annoque Domini 1746 H Wentworth Cle Prove of may 20th 1746. I Summoned the within named New Hamp Richard Wibird & Samuel Solly to appear & answer according to the Tenor of this Writ by Reading the Same to them A True Copy att: Prove of Thos Packer Sherr H Wentworth Cler At His Majestys Infer Court of Com'on Pleas Holden at Portsm° In & for Said Province on the First Thursday Next following the First Tuesday in June being the 5th Day of Said month 1746— John Wentworth of Portsmouth in the Province of New Hampsh Esq' Plat adv3 Richard Wibird & Samuel Solley of Said Portsmouth in Said Province EsqTM" Deft" In a Plea of Entry upon a Diseizen in the Post wherein he Demands of them all that Tract & Parcell of Land heretofore Called by the name of the County of New Hamp' or New Hampshire Lying and being within the Said Province Containing by Estamation One Hundred Thousand Acres more or Less Bounded as follows (Viz') Begining at the Middle of Naumkeek River from thence Running Eastward a Long the Sea Coast to Cape Ann & Round about the Same to Piscataqua Harbour & so forward up within the River Newichawonnock & to the farthest head thereof & from thence North Westwards Till Sixty miles are finished from the first Entrance of Piscataqua Harbour, and also from Naumkeek through 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 aforesaid and all the Messuages Tenements & Heriditaments thereof with their and Every of their Appurtenances ExCEPTING & Saveing out of the Said Premises the Townships of Portsmouth Hampton Dover Exeter, Streathem & New Castle with all the Parrishes Districts Precincts and Villages within the Said Townships Any and Every of them as the S Townships Parrishes Districts Precincts & Villages are Limmitted and Bounded by the Acts |