Orders Records Customs & useages of our Said Province and also Excepting all that Part of Said Promises Contained within the Bounds & Limmitts of the Townships Called Salisbury Almsbury Haverhill Methuen & Dracutt Any and Every of them wh is Situate within our Said Province with all and Singuler the Messuages Tenements & Hereditaments Appertaining and belonging to any and Every of the Said Excepted Premises & Every Part and Parcel thereof with their and Every of their Rights members Priveledges and appurtunances into which Premises Excepting as before Excepted they the Said Richard & Samuel have no Entry but after a Disseizen wch Hugh Hunt thereof unjustly and without Judgement Committed against him within Twenty years Last past & whereof he Complaineth that the Said Richard & Samuel still unjustly Deforce him & whereupon he Saith that he himself was Seized of the Said County of New Hamp Lands Tenements & Heriditaments aforesaid with the appurtunances (Except as before Excepted.) in his own Right as of his Inheritance & Right in a Peaceable time in our Reign Takeing the Proffitts 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 the Said Richard Wibird & Samuel Solley come Personely into Court and Defend their Right when &t and Vouch to Warrant the Said Tract of Land & County afores with all the Said Messuages Tenements and Heriditaments with their and Every of their Appurtunances (Excepting as before Excepted) John Tufton Mason Esq Richard Wibird And the Said John Tufton Mason Esq' being Present here in Court in His own Person Freely Warranteth the Said Tract of Land & County afores with all the Said messuages Tenements and Heriditaments with their & Every of their Appurtunauces (Excepting as before Excepted) to them their Heirs & Assignes &ct John Tufton Mason And thereupon the Said John Wentworth Esq' Demandeth Against the Said John Tufton Mason Tennant by his Warranty the Said Tract of Land & County aforesaid with all the Said Messuages. Tenements & Heriditaments with their & Every of their Appurtu nances (Excepting as before Excepted) in Form afores And whereupon he Saith that he himself was Seized of the Said Tract of Land & County afores with all the Said Messuages Tennements & Heriditaments with their & Every of their Appurtunances (Excepting as aforesaid) in his own Right as of his Inheritance & Right in a Peaceable Time of the Reign of our Lord the King that now is Takeing the Proffits thereof to the Value of Three Thousand Pounds a year into wch the Said John Tufton Mason had no Entry but after the Diseizen which the Said Hugh Hunt thereof unjustly & without Judgement Committed Against him within Twenty years Last past and whereof the Said John Tufton Mason Still unjustly Deforceth him wherefore he brings this Suit John Wentworth And the Said John Tufton Mason Defendeth his Right when &et and further Calleth to Warrant the Said Tract of Land & County aforesaid with all the Said Messuages Tenements & Heriditaments with their and Every of their Appurtunances (Excepting as before Excepted) Michael Falker who is Present here in Court in his own John Tufton Mason Person And the Said Michael Falker being Present in Court in his own Person freely Warranteth the Said Tract of Land & County aforesd with all the Said messuages Tenements & Heriditaments with their & Every of their Appurtunances, Excepting as before Excepted) To the Said John Tufton Mason Esq Michael Falker And hereupon the Said John Wentworth Esq' Demandeth Against the Said Michael Falker Tenant by his Warranty the Said Tract of Land & County afores" with all the Said Messuages Tenements and Heriditaments with their and Every of their Appurtunances, Excepting as before Excepted) in form afores & hereupon he Saith that he himself was Seized of the Said Tract of Land & County afores with all the Said Messuages Tenements & Heriditaments with their and Every of their appurtunances Excepting as aforesaid) in his own Right as of his Inheritance & Right in a Peaceable time of the Reign of our Lord the King that now in Takeing the Proffitt thereof to the Value of Three Thousand Pounds a year into wh the Said Michael Falker had no Entry but after the Diseizen which the Said Hugh Hunt thereof unjustly & without Judgement, Committed Against him within Twenty years Last Past & whereof the Said Michael Falker still unjustly Deforceth him wherefore he brings this SuitJohn Wentworth And the afores Michael Falker Tenant by his Warranty Defendeth his Right when &t and Saith that the afores Hugh Hunt did not Disseize the afores John Wentworth of the Said Tract of Land & County afores with all the Said Messuages Tenements and Heriditaments with their & Every of their appurtunances, Excepting as before Excepted as the Said John Wentworth by His Writ & Declaration afores above Supposeth & of this he Putteth himself on the Country &ct Michael Falker And the Said John Wentworth asketh Leave therein to Imparle and hath it H Wentworth Cle And afterwards the Said John Wentworth came again into Court this Same term in his own Person, and the Said Michael Falker Tho Solemnly Called Came not again but Departed in Contempt of the Court and made Default. Therefore It is Considered by the Court that the Said John Wentworth Recover his Seizen Against the Said Richard Wibird & Samuel Solley of the Said Tract of Land & County afores with all the Said Messuages Tenements and Heriditaments with their & Every of their Appurtunances Excepting as before Excepted) and that the Said Richard Wibird & Samuel Solly have of the Lands of the Said John Tufton Mason to the Value &t and the Said John Tufton Mason have Farther of the Lands of the Said Michael Falker to the Value &t and that the Said Michael Falker be in Mercy And hereupon the Said John Wentworth Prayeth the Writ of the Lord the King Directed to the Sheriff of the Said Province to Cause him to have full Seizen of Said Tract of Land and County afores with all the messuages Tenements & Heriditaments with their & Every of their Appurtunances, Except as before Excepted) and it is Granted to him Returnable here the first Thursday Next following the First Tuesday of September Next H Wentworth Cle A Writ of Possession Granted 26th Day of July 1746, Returned Septemb' 1746. full Seizen of the Foregoing Premises with the Messuages Tenements Heriditaments and Appurtunances & given to the Said John Wentworth EsqTM A True Copy att II Wentworth Cler Prove of New Hamp [seal] } George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &et To the Sheriff of our Province of New Hampshire Greeting KNOW YOU THAT John Wentworth of Portsmouth in Said Province Esq' in our Infer Court of Com'on Pleas Holden at Portsm° In & for our Said Province of New Hamp' on the First Thursday Next following the First Tuesday of June Last past By the Consideration of the Same Court Recovered his Seizen Against Richard Wibird & Samuel Solly both of Portsmouth afores within Our Province of New Hampshire Esqrs of all that Tract or Parcell of Land heretofore Called by the name of the County of New Hampshire or New Hampshire Lying and being within our Said Province Containing by Estamation One Hundred Thousand Acres more or Less Bounded as follows Viz Begining at the midle of Naumkeck River from thence Runing Eastward along the Sea Cost to Cape ann and Round about the Same to Piscataqua Harbour and So forward up within the River Newichawonock and to the farthest head thereof & from thence Northwestward till Sixty miles are finished from the first Entrance of Piscataqua Harbour & also from Naumkeck 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 & Every of their appurtunances: Excepting and 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 Said Townships Parrishes Districts Precincts and Villages are Limmitted and Bounded by the Acts orders Records Customs & usages of our Said Province and also Excepting all that Part of Said Primises Contained within the Bounds and Limmitts of the Townships Called Sallisbury Almsbury Haverhill Methuen & Dracutt Any and Every of them which is Situate within our Said Province with all and Singuler the messuages Tenements Heriditaments Appertaining & belonging to Any and Every of the Said Excepted Premises and Every Part & Parcel thereof with their & Every of their Rights Members Preveledges & Appurtunances into which Premises, Excepting as before Excepted, By our Writ of Entry upon Disseizen in the PostAnd Therefore We Command that you Cause the Said John Wentworth Esq' to have full Seizen of the Said Lands Messuages Tenements & Heriditaments thereof with their & Every of their Appurtunances and make it Appear to our Justices of our Infer Court of Com'on Pleas Next to be Holden at Portsmouth afores on the First Thursday Next following the First Tuesday of September Next How you Execute this Precept, and have you there this Writ Wittness Theodore Atkinson Esq' at Portsmouth The Twenty Sixth Day of July in the Twentyeth year of our Reign Annoque Domini 1746 Provs of New Hamp H Wentworth Cle July 28, 1746 By Virtue of this Writ to me Diricted on this Day I Caused the Said John Wentworth Esq' within mentioned to have full Seizen of the within mentiond Lands Messuages Tenements & Heriditaments with the appurtunances thereof as by this Writ I am Commanded A True Copy Attt Provs of New Hamp Thos Packer, Sherrif Portsm° September 1746 The above and on the Contra Side is a True Copy of the Writ of Possession H Wentworth Cle Prov of 1 Portsmouth August 21 1747 The Foregoing Papers New Hamp being Nine in Number Contain a True Copy of the whole Process wherein John Wentworth Esq' was Platt & Richard Wibird & Samuel Solley Esqrs were Defts in a Plea of Entry upon a Disseizen in the Post Att Hunking Wentworth Clerk of the infer Court of Common Pleas for the Province of New Hampshire Whereas this House at ye Motion of Capt John Tufton have for some Time had an Agreement made between the s Mason & John Thomlinson Esq' &c concerning y Purchasing ye Right which said. |