Province of Portsm° July 31. 1746-then Theodore Atkinson New Hampshire (Richard Wibird John Moffatt Mark hunking Wentworth Jotham Odiorne jun' Joshua Peirce Nath" Meserve George Jaffrey Jun' John Wentworth jun' and Thomas Wallingford above named Acknowledged the foregoing Instrument to be their free Act & deed before me Province of New Hamph Pierse Long just: Peace Portsm° August 234 1746 Then Sonally appear'd Sam' Moore & Thomas Packer Esqrs and Acknowledg'd The above Instrument to be Thier free Act & Deed before Recorded Lib. 71, Fol. 175. Pierse Long just. Peace D Peirce Redr [House Journal, July 31, 1746.] The Hon' Mess's Atkinson Solly & Sheaf came down to ye House & Said they were directed by ye Council to inform ye House that they had no material objection against ye Resolve of the House of ye 29th Instant & ye Vote of ye 30th Instant in Consequence thereof except ye last paragraph of ye Resolve Vizt & that the Wast Lands be granted out by ye Gen' Assembly to ye Inhabitants of Sa Province as they shall thing proper-for that they tho't Sa Paragraph was inconsistant with ye Constitution & contrary to his Majesties Commission & Instructions to his Excellency Nevertheless if ye House proposes to purchase of Capt Mason & afterwards address his Majesty for Leave to dispose of S4 Lands to y People in that manner they were content [Council and Assembly Records, July 31, 1746.] Mr Giddings from the House to Enquire weither the resolve & Vote of the House of Yesterday relateing to Capt Masons Claim were Acted upon The Council took the S resolve & Vote under Consideration & came to the following resolve Viz that they Are willing to joyn in a Comittee to Treat with Mr Mason & to make good the Agreem1 made between Mr Thomlinson & Mr Mason but they Apprehend that the sd Resolve of the House is not Agreable to the S Agreement Perticularly in the Last Clause mentioned that the Waste be Granted by the General Assembly which S resolve was Sent Down by Atkinson Solley & Sheaffe Esq [House Journal, Aug. 1, 1746.] Voted That Col Pet' Gilman John Gage Esq' Mr Henry Sherburne jun' & M Mesh Weare be a Committee of this House to join Such as may be appointed by ye Hon' Council to consult on ye properest & best Method for ye Prove to proceed in concerning Cap Masons Claims to this Province & make immediate Report to ye Gen' Assembly Sent up by Cap' Gilman [House Journal, Aug. 1, 1746.] The Committee appointed this morning to consult on ye properest & best method for y Prove to proceed in concerning Mason's Claim to this Province &c report as follows Viz Pursuant to ye afores Vote we have met & consulted on ye Subject matter thereof & do Report yt for ye quieting of ye Good People of this Prove & to prevent future Difficulties & Disputes it will be best for this Prove to purchase ye S Claim for y Use & Benefit of ye Inhabitants of this Province if ye late Purchasers will sell it for ye Same Sum they gave for it & Charges The afores Report being read Voted That it be accepted & Sent up for Concurrence [House Journal, Aug. 2, 1746.] Pursuant to y Report of ye Committee of both Houses of ye first Instant appointed to consult on ye properest & best Methods for ye Prove to proceed in concerning Capt Masons Claims Voted That Col Peter Gilman John Gage Esq' Mr Henry Sherburne jun' & Mr Mesh Weare be a Commee of this House to join Such as may be appointed by ye Hon' Council to treat with ye Claimers & if they will Sell on ye Terms mention'd in Sa Report & conclude a Bargain with them agreeable to sd Report & take Advice of Gent" Lear'd in y Law about proper Instruments to be drawn & Executed by ye Sa Claimers & get them prepar'd & ready to lay before the Gen1 Assembly at their next Meeting & at ye Same time make Report of all their Doings Sent up by Mess's Bell & Capt Gilman [House Journal, Sept. 19, 1746.] Whereas a Committee appointed to consult on ye properest & best Methods for ye Province to proceed in concerning M Mason's Claim to this Province &c Reported that it would be best for this Province to purchase ye Sa Claim for ye Benefit of ye Inhabitants of this Province if ye late Purchasers will sell it for the same Sum they gave for it & Charges which Report was accepted by ye Gen' Assembly & thereupon a Comtee was appointed accordingly & as ye Said Claimers have sent a Letter to that Comtee which has been laid before ye Gen1 Assembly intimating that they expected when they parted that they would have pursued that Part of ye Vote which related to getting Instruments of Conveyance drawn &c Voted-That Coll Peter Gilman Clemt March Esq' & Mr Meshech Weare be a Committee to join Such as may be appointed by ye Honb1 Council to purchase sa Claim agreeable to ye Report of ye Committee appointed to consult on ye properest & best Method for ye Province to proceed in concerning Mr Mason's Claim & to get Instruments. drawn up accordingly to be laid before y Gen' Assembly for their Approbation as soon as may be— Sent up by Cap' Gilman [Report of House Committee, Aug. 12, 1746.] Prove of New [Masonian Papers, Vol. 1, p. 60.] Portsm° Augt ye 12th 1746 The members of ye Hampshire House Representatives who were of ye Committee appointed by ye General Assembly ye 24 of August to Treat with y Claimers under Mason &c Report to ye Hon' House as follows Vizt That on ye 4th of Augt Instant Six of ye Committee met with ye Sa Claimers who were as follows Vizt The Hon' Theod' Atkinson Esq'-three fifteenths Mr John Wentworth jun' Mr George Jaffrey jun John Moffatt Esq and informed them of ye Power invested in ye Committee by ye Gen' Assembly & after Some Time spent in Conference on ye Affair the Question was put to ye sd Claimers whether they would Sell on ye Terms proposed by ye Gen Assembly Vizt for ye Same Sum they gave & Charges to which they did not all agree but soon after broke up & left y Committee A true Copy Examind Hen Sherburne jun Peter Gilman D Peirce Clk Hou Repr [Answer of Proprietors to Committee, Sept. 4, 1746.] [Province Papers, Correspondence, Vol. 1, p. 313; and Masonian Papers, Vol. 1, p. 63.] Gentlemen When We parted about a month ago by what was then said We Expected you would have Pursued that part of the Vote you shew us that Related to your taking the advice of Gentlemen Learned in the Law, about Proper Instruments to be Drawn & Executed by us to Convey to the Province Our Right to that part of the Province heretofore Claimed by Mr Mason, which after the said Deeds was so Prepared were by the said Vote to be laid before the Assembly at their next meeting, which meeting of Assembly is long since Past & We have never yet seen any Deed nor can We learn any hath been Prepared Gentlemen We are not unsensible that a Report has Prevailed in many parts of the Province-That We took a bargain out of the Governments hands, & that by Our so doing, they were Deprived of that very Land which was always Reserved for the Inhabitants of the Province as A Recompense for the great Charge they had been at &c and that the same had often been Promised to them-Now Gentlemen pray give us leave to tell you (in the Capacity of a Committee, appointed to Treat with us) That this affair has lain before the Assembly ever since the 30th of October 1744, being then laid before them by His Excellency, with the Agreement made between Mr Thomlinson on behalf of the Government, and the said Mason, and was afterward several times put in .mind thereof by Messages but nothing done to Effect-After this when Mr Mason arrived from England Last Winter, he put in a memorial Desiring the said Agreement with Mr Thomlinson might be Ratifyed, that he on his part was always ready; but to this he could get no Answer, he then Preferr'd a second memorial in which he told the Government he could wait no longer and that unless they Immediately came to some Resolution he should be Obliged to make the most of his Interest another way, and that he should take their Silence as a Refusal, to this Last he waited many Days at the Door, before he was Admitted to Speak, and when he was and had Answered such Questions as the House tho proper to ask, and had said what he thot was necessary in the Affair was Dismiss'd Without any Prospect of an Agreement, Then he Apply'd to us as he had often done before, but We Refused to have any Treaty with him 'till he had Publickly Docked the Intail, which ought to have been done at the Province Charge & We Dare say not one Person in the Government that is acquainted with these things believes the Assembly ever Intended to Purchase of him, So that We certainly are Clear of the Charge of taking a bargain out of the Governm's hands, We could by no means force the Assembly to Purchase it for the People; Those of us that were of the Court forwarded it to the utmost of Our Power, and always would have Voted for it & to shew Our Inclination Immediately after We had Purchased of Mr Mason Signed a Quit Claim to every Proprietor of Land holding under this Government, in the Old Towns, and their Appendages Viz--Portsmouth, Dover, Hampton, & Exeter, & to the other Towns of Kingstown, Londonderry, Chester, Nottingham, Barrington Rochester, Chichester, Epsom, Canterbury, Bow & Barnsteed this was done freely, and without any Consideration, but to Quiet the Good People, and had Our View been otherwise, We might have made great Sums, even of Private Persons to have Confirmed their particular Rights, in many of these New Towns whose possessions cannot as yet Create them a Right, This was one Reason of Our Purchasing & Let any Impartial Person Judge wether We have In |