Thomlinson Esqr was then Agent for the Province of New Hampshire, the latter from his knowledge of Mason's right to the Lands in New Hampshire and of the importance of purchasing that right for the Government, without instructions from his Constituents, entered into an Agreement with Mason, by which he (Mason) was to convey his right and title to those Lands to the Government of New Hampshire in Consideration of a certain sum of money &ca. The Governor laid that Agreement before the Assembly, and sent to the House to desire they would come to some resolve about the Agreement between Cap Thomlinson and Mason. The Assembly resolved that said Agreement should be forthwith complied with on the part of this Government, and that the right that said Mason claims should be purchased for the benefit of the Inhabitants of this Province. Agreeably to this Resolve, the Assembly appointed a Committee, to join such as might be appointed by the Council, to treat with Capt John Tufton Mason about fulfilling his Agreement made with Mr Thomlinson, of conveying the right said Mason claimed to this Province.

The Result was, that the different Opinions in the Branches of the Legislature in the disposal of the unimproved Lands prevented the purchase being made of Mason: which put an end to that Agreement. At the Term of the Inferiour Court of Common Pleas held at Portsmouth in New Hampshire June 1746, John Tufton Mason Esqr sued a common Recovery to dock the entail of the Lands in New Hampshire which he held in the right and by the devise of his Ancestor John Mason Esq'; at which Court Judgment passed to dock the entail of those Lands, and accordingly livery and seizin of the same was given by the Sheriff. After the process of docking the entail, and entry and seizin was compleated, John Tufton Mason Esqr by his Deeds conveyed his right and title to those Lands, (except one thirtieth part which he reserved to himself) to a number of Gentlemen, for a consideration in money by one half more than that for which he contracted with John Thomlinson Esqr to sell to the Province. When the purchasers were possessed of Mason's right, they executed a Deed of Quit Claim of their right to all the Towns granted by the Government of New Hampshire where any Settlement had been made, upon no other consideration than quieting the Inhabitants who possessed the Land under the Grants of the Government of New Hampshire; and the Proprietors continued in quiet and peaceable possession of the Lands they purchased of John Tufton Mason Esqr. In the year 1746, the Council and Assembly of the Province of New Hampshire resolved, that for quieting of the people of this Province, and to prevent future difficulties and disputes, it would

be best for this Province to purchase Mason's Claim for the use and benefit of the Inhabitants of this Province, if the Purchasers would. sell it for the same sum they gave for it, and charges. And application was made to the Proprietors by a Committee of both Houses, with the Governor's assent, to know if the Proprietors would sell their right they had purchased of Mason for the sum they gave for it, and charges; To which proposal they agreed; and gave it under their hands, that they were ready to perform what they had agreed to, and desired the Committee would prepare a Deed for executing the conveyance as proposed. The Proprietors were in expectation of having the Deed presented soon after, and waited from 1746 to 1748, for it. Adjournments of the General Assembly or some Accidents, the proprietors conceived, prevented a Deed being presented sooner. In the mean time many Applications were made to the Proprietors for grants of their Lands: after long waiting for the Deed they expected, they requested the Assembly would finish the Affair of the purchase, not making any grants before the matter of conveyance from them to the Government was determined. At length a Deed was presented by a Committee of the Council and Assembly, to the Proprietors for perusal, and to execute; the Deed was liable to many objections, which were made, and one of such weight, that it appeared, the Deed was calculated to prevent the Proprietors from conveying their Claim to the Province; and they were informed that it was so contrived; and that the same motive which before had hindered the purchase from Mason by the Government, now prevented the purchase from the Proprietors; and so the Treaty of Sale ended. Petitions to the Proprietors for grants of Land for Townships multiplied, from Persons of the Massachusetts Bay, and of New Hampshire. and Grants were accordingly made in consequence of those Petitions, and as there were no other Claimers of ungranted Lands in New Hampshire but the Crown and the Proprietors of Mason's Claim, in order to have the proper boundaries fixed, to prevent encroachments by Grants under the Crown, or of the Proprietors, and any disputes of persons under the grants of either, application was made to the Surveyor General of the Crown Lands in New Hampshire, to have the same effected, and by his Authority and direction, the same was ascertained and marked, by a skillful Surveyor and chainmen under oath, and a plan of the same was returned under oath and attested by the Surveyor General. And the Lands adjacent to the western boundary line of Mason's grant, as ascertained and marked by the Authority of the Surveyor General, the eastern bounds of the Townships granted by the Government, and the western bounds of the Townships granted by the Proprietors, were bounded and limited by

that Line, or intended to be so bounded and limited, both by Government and Proprietors, in those Grants. And Grants of Townships have been made, bounding both on the eastern and western side of that Line, almost upon its whole extent from south to north. And the Grantees on both sides of that line have settled, and made great improvements on their Lands in those Townships for many years. The Townships granted by the Proprietors have been made, some of them more than thirty five years past, and nearly all above thirty years. The Grants of those Townships were made, held and settled, under the approbation and protection of Government, and the Towns were enfranchised as other Towns in the Government were, and the Grantees and their Heirs have quietly enjoyed their Grants without any claim being made of the Soil by the Crown, or Government of New Hampshire, or any person whatever, 'till of late. And they and their heirs, at great expence and labour, have reduced a Wilderness to fruitful Fields; producing Fruits to their own emolument, and benefit to the Public, without the least molestation 'till within fifteen months past. The right and title of John Tufton Mason Esqr, under which they held their Grants, had been publickly and without controversy held up as good and valid, and to be relied on, it had been amply declared to be so by the transactions of the Government of Massachusetts Bay with Mason; and by the careful regard to the wellfare of the Province of New Hampshire shewn by their worthy Agent who contracted with Mason to convey his right to these Lands to the Province of New Hampshire; and by the recognition of that Right by the three branches of the Legislature of the Province in their resolves and votes to purchase the same in the manner before mentioned. And the same Legislature has also acknowledged the same right to those Lands to be in the Gentlemen who purchased of Mason.

Any one of these Authorities considered singly, is a strong inducement to conclude that the right and title of John Tufton Mason Esqr to the Lands he claimed in New Hampshire were good and valid, but taken together the presumption is so forcible as scarcely to admit of a doubt-. And that the Proprietors, who purchased of him, had an undoubted right to the Lands, when occasion may require, full and sufficient evidence can and will be produced.

The preprietors from the time they made the purchase have been at great and necessary expence, respecting their Grants, and settling the Lands, in which a conformity to the regulation of Government in those matters, has been always carefully regarded.-Ever since the lands of non-resident Owners have been taxed in this State, the Proprietors readily paid their Tax when they were not prevented by

clandestine and fraudulent practices of Collectors, and their confederates, in selling large quantities of their lands for very inconsiderable sums; which has been managed in such an artful manner, that the sales could not be prevented by the owners of the lands paying the taxes. However the Proprietors have been injured in that manner, they have contributed in payment of taxes on their non-resident lands large sums for the support of the Government of this State.

From the year 1746 the Proprietors, and those who hold under them, have been un-molested in their property in these Lands 'till about fifteen months past, when the pretended Title of the Heirs of Allen appeared in the public prints: who by their conduct and the proceedings of their Agents are making attempts to intrude upon that property.—which title of Allen, or his Heirs, has been scarcely mentioned 'till lately in New Hampshire within the memory of any man living. It is certain the Government of New Hampshire had no regard to it; for more than sixty years past they granted and have continued granting Townships within Mason's claim, and no application has been made to Government, by Allen's Heirs or any person under them in the way of asserting their claim to the Lands the Government were granting. The Grantees have entered upon their Grants, and improved the lands, and were never molested, or a Claim ever pretended to those lands by any of Allen's Heirs. But when John Tufton Mason Esq' appeared in New Hampshire and asserted his right and claim of sixty miles from the Sea of the lands in the Province of New Hampshire, the Government made no more Grants, or from that time intended to make any Grant of the land within his Claim, but acknowledged his claim to be good and valid, and have also admitted the right and property of the Proprietors who purchased of him, as is manifested by their votes, and resolves before mentioned. For these and other good reasons, the Proprietors have not the least conception that the Heirs of Allen can support a legal title to the lands they pretend to claim in New Hampshire, but are concerned for the people settled in the lands in their Grants, it being reported that lately they have been alarmed by Apprehensions artfully raised of their property's being subverted, and that the peace of their minds has been greatly disturbed in respect to their estates, which they have long possessed, improved, and quietly enjoyed, without the least molestation 'till lately when Allen's heirs have published a claim to their Lands, and they and their Agents have been going from Town to Town, advertising the making of Grants, and offering for sale the Lands of the Proprietors at low rates, under Allen's Title. Doubtless there are some persons of no more principle than to take the opportunity, under any pretence of title, by Grants or

sales of valuable land at low rates, to seize them for their own use. And others of a better mind, may be inveigled, and tempted to take Grants, and purchase valuable land, at rates much under their value. All such persons, and any others, are again cautioned against entering upon, improving, or making Waste, in any of the lands. of the Proprietors, which they purchased of John Tufton Mason Esqr in New Hampshire; for they may rely upon a prosecution for any Trespass they make upon any of the Proprietor's Lands.

[Endorsed] History of the Title by Mr Humphreys

[Request of Elijah Frink, Aug., 1785.]

[Masonian Papers, Vol. 2, p. 46.]

Lemster Augst 1785

Sir according to your Requst I have herein closed the minds of our Propriety and what we Requst of yours to Remove the Curve Line or the in Combranc thereof from these towns and for my own Part would Request that it might Be dun as sune as may be to Prevent any further Confustion and Lawsutes amung the People this from your most Obediant Humle Sarnt

Elijah Frink

[Protest against the Curve Line, Sept. 1, 1785.]

[Masonian Papers, Vol. 2, p. 47.]

To the Masonian Proprietors Jentlemen we the Proprietors Committee of the Towns of Marlow and Lemster Desire to Inform you that we have no Desire to take any Special Part in the Public dispute Respecting your Western Line but we are fully Sensable that S Line Never was Desired to Come within our Towns but by Mistake of Mr Joseph Blancher who first Run Sa line to Run the Line About two & half Miles on these Towns we Suppose without your Knowledge, and we think it our Duty to Demand what Land our Charters give us and we are Willing to have the Lines of our Towns Run by the Surveyor Ge" or his Deputy at ye Cost of Sa Towns and Jentlemen we think it but Resonable to Desire you to Renounce all Claims within the lines of these Towns in that way that you in your Wisdom