Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 43

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Prey to every Invader, if not prevented by yor Majty protection in the Establishment of One General Governor The apprehension whereof did excite the best and most wealthy of the Inhabitants to petition Yor Majty Commissioners in 1665 ffor the establishing Yor Majty Royal Authority among them wherein Yor petrs have also been humble Sup- plicants ever since Yor Majts happy Restauration.

And althhough yor petrs doe claime a Right of Governing within their respective lands by vertue of their Grants ffrom yor Majts Royal Predecessors Yet as well for the Honor and Interest of yor Majtie as for the protection and wellfare of Yo' Majts Subjects in those Parts Yor Petrs have humbly offered and doe now most humbly offer to sur- render unto yor Majty Royal hands, All their Right and Title to Gov- ernment with such other Royalties as the honor or convenience of yor Majtie may require, when ever it shall please Yor Majtie to establish a General Governor in those parts And Yor pet's have good reason to hope, that this Their Act of Loyalty and obedience will induce the other Colonies (especially those of Plimouth and Connecticut who have been always very affectionate to yo' Majty service) to a humble submission to yor Majty Royal pleasure, And doe not question but the Magistrates of Boston itself (some ffew ill affected persons who like no Government but their owne Excepted) will find it their true interest and happiness to be under Yor Majties Just and Mild Government. The better and major part of these Inhabitants being Asservers of yo' Majties Royall Authority As may appear by the annexed Copy of a Remonstrance presented to the General Court in Octob 1666, and signed by upward of one hundred hands.

But if it shalbe Yor Majty pleasure not to establish a General Gov- ernor over the whole Territory of New England. Yet Yo' petrs to lett their aspiring Neighbors the Massachusets see, That they them- selves are farr from being ambitious of Governing and Ruling over Yo' Majty Subjects there inhabiting.

They humbly pray Yor Majtie to appoint a Governor over those Two entire Provinces, and that they may for the future be annexed as to Government, and that they may have Authority to raise a standing Revenue by Customs and Excise or any other way that shall be found most Easie to the people ffor the Support of yor Majty Governor and the Government and Defence of the Country ffrom the Invasion and Encroachments of the Infidels and others. And that the Jurisdic- tion may extend over all yor petrs lands according to their Grants And ffor their great Damages which Yor petrs have soe long sustained by the violent intrusion and continued Usurpation of the Massachusets Government (especially since 1665, when yor Majts Commissioners were not only obstructed but highly affronted in the settlement of

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Yor petrs Provinces) Yor Petrs humbly submitt the manner of their Reparation unto yor Majts Royal pleasure and determination

And shall ever pray

Recd the gth of Jan'y 77 Referred to the Commttee 23d -

New England Papers. Vol. 42, Page 176.

Read 13 Feb : 1678.

An Account from the Agents of Boston concerning their Northern Bounds.

To the Right honoble the Lords of the Comittee for Trade & Plan- tations.

In observance of yor Lordsps directions of the 15th of January last upon M' Mason's Petition concerning some Lands pretended to by him in New England, We humbly offer.

For that part of M' Masons clayme which falls to the Northward of our Line, the Right to the Soyle is not yet determined between the Inhabitants (that have been possessed there of about 50 yeares) & M Mason, & those severall others persons who may with as much reason make their demands as he.

In the meane time the People of the 4 Small Plantations upon this Tract (which are all that it is capable of, notwithstanding M' Masons large representation of 30 miles) being no waies sufficient to be put under a distinct or seperate Goverment, have made their humble and unanimous Petitions to his Matie which are now lying before yor LordP That as to Governmt (which M' Mason hath no pretence to) they may be annexed to the Massachusetts, & thereby continued in the same State, wherein to their great & generall Satisfaction & ben- efitt they have been for about 40 yeares last past which Petitions they earnestly expect & pray may be graciously answered.

As to what M' Mason Challengeth with in our Northern Bounds aforesaid Yor Lordsps may please to understand that those lands also are all of them in the possession of particular persons that did origi- nally purchase the right of the Natives were at the sole charge to subdue plant & build upon them to a very great expence have con- veyed them one to another, and so have with their predecessors enjoyed them for the space of 50 yeares without any forbidding them

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at the first or any clayme or interrupcon from any one ever since untill now.

Nor can Mª Mason set forth his title to any Lands there upon any other accompt than of a bare Grant of late produced from the Coun- cell of Plymouth, which is altogether uncertaine as to its boundaries, was never pursued, or executed by Livery of Seizin made, Which we humbly suppose cannot be of force to eject the present Inhabitants, & is a very poor foundation to build the Title of Sole Proprietor of the Province of New Hampshirepon, a name not pretended to be in being till Six yeares after the obteyning of the Charter of the Massa- chusetts. All which is humbly submitted by William Stoughton Pet : Bulkeley

Feby. 4th 167§

New Hampshire Papers. Vol. 48, Page 407.

[September, 1679.] Bounds of Nova Scotia

My Lord Sterling his Nova Scocia by King Charles ye second or- dered to be delivered unto ye ffrench anno 1633.

Nova Scocia was bounded as followeth Cape Britton was ye East- erne bounds and from thence west ward to Santo Croix right against ye Easterne end of ye Grande Manhan and a leigue East ward from Pascattamaquoode

Capt Walter Neale made Governour by ye consell of Plymouth in ye yeare 1631 of all New England yt was not formerly granted to others ye western bounds began at ye Easterne end of Boston Patent and went Eastward as far as Santo Crouix, all his time ye ffrench never claimed any Land to ye westward of Nova Scocia But in two yeares after ye said Neale left ye Country Mounsier Donee was sent by Monseiur Commander Rasilio liveing at ye Lahave Eastward fro Cape Sable horn 40 : leagues wth a Ship to discover ye coast of Nova Scotia and New England.

[Addressed] These for his Excellence Edmond Andros Knight governour Generall of all his Royall Highnes teritories in America

[Endorsed] Sepbr 79. M' Henery Joselin of Eastern bounds

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[Relative to Mason's Patent.]

New Hampshire Papers. Vol. 48, Pages 410-II.

The Title of Robert Mason to the province of New Hampshire in New England with his Case, and the proceedings of the Government of the Massachusetts Bay in New England.

King James by his Letters Pattents under the Great Seale of Eng- land bearing date the third day of November in the Eighteenth year of his Raigne did give and grant unto diverse of the principal nobility and gentry of this Kingdome by the name of President and Council for the planting ordering ruling and governing of New England in America their Successors and Assignes for ever All the land in America now called New England, To be held as of the manner of East Greenwich in the County of Kent in ffree and common soccage with many Royalties Privileges and Immunities only paying to his Majty his Heyres and Successors the ffifth part of the Oare of Gold and Silver which shall be found upon the said lands In respect of all manner of services duties and demands whatsoever, as by the said letters pattents doth at large appear The said Council of New England by Indenture under the Common Seal dated the ninth day of March the Nineteenth of King James have sould and enfeoffed unto John Mason Esq' his heires and assignes for ever All that part of the Maine land in New England called or known by the name of Cape Ann lying betweene the Rivers of Naumkeck and Merrimack and to the heads of the said Rivers.

The said Council by Indenture under their Common Seal dated the tenth day of August the Twentieth of King James have sould and enfeoffed unto Sr fferdinando Gorges and John Mason Esqr their heires and assignes for ever All that part of the Main land in New England lying betweene the Rivers of Merrimack and Sagadahock and to the farthest heads of the said Rivers.

The said Council by indenture under their common seal dated the seaventh November the ffifth of King Charles have sould and enfeoffed unto John Mason Esq' his heires and assignes for ever, All that part of the maine land in New England lying betweene the Rivers of Merrimack and Pascattaway and to the farthest head of the said Rivers being a devision of the lands formerly granted unto Sr fferdi- nando Gorges and John Mason All the aforesaid lands to be held in common soccage under certaine conditions restrictions and limitations as by the several Grants doth appear.

That the said Council of New England having for several weighty reasons resolved to surrender to his late Majty King Charles the

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grand Charter of their Incorporation, that so his Majty might take the Government of that Country into his own hands did some few days before the surrender viz upon the 22th of April 1635 By a Pole deed and an Indenture under their common Seal both bearing date the same day grant and confirme unto the said John Mason his heires and assignes for ever All the above mentioned lands and Islands by the Name of New Hampshire. To be held and enjoyed as fully frely and in as large ample and beneficial manner and forme to all intents and purposes whatsoever as they the said Council by vertue of his Majts said letters pattents may might or ought to have hold and enjoy the same yeelding and paying only to his Majty his Heires and Successors one ffifth part of the Oare of Gold and Silver which shalbe found upon the said lands as by the said Grants doth at large appeare.

That in the year 1622 the said John Mason did send over several Servants and passengers to be tennants with store of cattle provisions and necessaries unto his lands at Cape Ann and did build sundry houses and set up the trade of ffishery upon that Coast and employed for his Steward there Ambrose Gibbons Gentleman who continued there untill the year 1630 at which time the Massachusetts Colony violently seized upon that part of the Province stretching their bounds three miles to the Northwards of Merrimack River and turned the servants and tennants of the said John Mason out of their possessions, under pretence of a Charter from his late Majty King Charles in 1628

That from the years 1623 unto 1635 the said John Mason did settle a considerable Colony at Pascattaway River and transported great store of cattle of all sorts with large quantities of Ammunition and provisions and did build many houses upon the great Island which lyeth at the entrance of the said River upon which he erected a ffort and mounted it with tenn Guns for the Defence of the said Island and River, and also within the said River at a place now called Ports- mouth he built diverse good houses whereof one was a very fair and large house of Stone and timber, and by him called Mason Hall en- compassed with a ditch and strong Pallisade and ffortified with eight Guns within the said ffort was a large Magazine furnished with Arms and amunition and other necessaries for the defence and protection of the Inhabitants and had improved above one thousand acres of meadow ground.

Also at Newichawanock the said John Mason built a large dwelling house and store house and fenced them with a strong Pallisade and mounted with six Guns and upon the falls of the River he erected ffour Saw mills and sundry houses for his Tennants and Servants

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committing the Government thereof unto Captaine Walter Neale, who continued in that employment unto the year 1633 and after him unto Henry Joceling Esq' who managed that estate to the year 1638 during which time John Mason dyes having expended upward of Twenty Thousand pounds bequeathing the said province of New Hampshire unto his Grandsonne Robert Mason the now Proprietor being then but nine months old.

Then followed Captain ffrancis Norton being imployed by Anne Mason the widow and executrix of John Mason who continued there until the year 1651, a person wholy at the Devotion of the Massachu- setts Government a favourer of their principles and proceedings, and for his own private ends connived at their encroachments

In the year 1651 Joseph Mason was sent over by the said Anne Mason, who continued in New England until the year 1667 in whose time viz in 1652 the Massachusetts usurped a Dominion over the whole province contrary to all right Justice and Equity at first sug- gesting to the people all grants to be void that were not confirmed by the powers then in England, and then by their Agitators invited some of the Inhabitants to petition the said Massachusets to be taken under their Government and protection under specious pre- tences of great advantages that would accrue unto them and last of all by a new discovery of a pattent line they stretched their bounds to the utmost limits of New Hampshire and then erected themselves into a Common Wealth and compelled the Inhabitants to submit to their authority as to their Lawful Lords and disposed of the lands houses and estate of the said Robert Mason at their pleasure.

Whereupon Joseph Mason in behalf of the Proprietor did upon the 6th day of May 1653 petition the General Court then assembled in Boston for redress and restitution of the said lands and offered to make out the right and title of the Proprietor Robert Mason against all person or pretenders whatsoever but hereunto they gave no answer.

Then the said Joseph Mason the 5th of July following did set up a writing on the meeting house doors at Dover Exeter, Strawberry banck, and other places protesting against the proceedings of the Massachusets Government forbidding all persons to feed upon the said lands cut grass, or fell any timber without license or composition first had or obtained from the said Joseph Mason.

In October following the said Joseph Mason in behalf of the Pro- prietor did bring an Action of Trespass against Richard Leader James Johnson John Goddard, and others for entring upon the lands and houses disposing of the goods and cutting down timber without license and after many delayes and dilatory proceedings a tryal was

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had in Boston in Octo 1655 before the General Court, where the lands were adjuged to the Proprietor and a verdict for damages was given against the said Richard Leader and others whereupon the said Joseph Mason did demand of the Court by what right they held the Government of the province the Proprietor having as equall right to the Government as to the land to this the Court gave no reply. .

But shortly after comes out this law That whosoever shalbe in pos- session of any land five years although the grant of the said lands , was to another person and the possessor having nothing to shew for the alienation thereof but his possession, the possessor shall have the land confirmed unto him.

And hereby the Proprietor was quite outed of his lands and his inheritance devided among Strangers, and no relief to be expected from those usurpers, and then they fence themselves against all com- plaints or clamours by the laws.

That whosoever shall revile the person of any Magistrate or shall defame any Court of Justice, or the sentence and proceedings of the same, or the Judges of any such Court in respect of any act or sen- tence therein passed, shalbe punished with whipping ffine imprison- ment, disfranchisement, or banishment as the quality or measure of the offence shall deserve.

And whosoever shall conspire or attempt any invasion, insurrection ; or publick rebellion against the Common Wealth or shall endeavour to surprise any Town or ffort or shall treacherously and perfidiously attempt the alteration & subversion of their frame of Policy or Gov- ernment fundamentall he shall be putt to death.

And thus matters continued in New England untill his Majts happy Restauration.

In October 1660 Robert Mason made his complaint to his Majty setting forth his Right and Title to the province of New Hampshire with the proceedings and usurpations of the said Corporation of the Massachusetts Bay Whereupon his Majty was pleased to referre the examination of his right and title unto S' Jeffrey Palmer his Mats Attorney General who made report therof to his Majty the 8th of November following and the examination of the matter ffact and com- plaints unto S' William Turner John Eaton, Giles Sweet, John Mills, Robert Mason Docters of Law S' James Bruce S' Richard fford Thomas Povey Esq and others who publickly mett severall days in the Admiralty Hall in Docters Common and summoned by process publickly excuted at the Royall Exchange upon the 21th of January the parties interressed where appeared Captaine John Leverett the present Governor of that Corporation who acknowledged that formerly he was commissionated as an Agent for the Massachusetts Bay, But

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that now he had no authority to appear or act in their behalf however the said Captaine Leverett was constantly present at all the meetings and heard the examinations of the several Witnesses and upon the 1 5th day of ffebruary then following the said Referrees made report to his Maty of the unjust proceedings usurpations and designs of the Massachusets Government and that the said Robert Mason hath been damnified in his estate and plantations upward of ffifteen thousand pounds.

That in the year 1664 when his Majty sent his Commissioners to New England his Majty was pleased particularly to recommend to the Commissioners the settlement of that province of New Hampshire, and taking it off from the Government of the Massachusets and the said Robert Mason did give unto Coll Richard Nichols one of the said Commissioners A deputation for his more legal acting therein and in June 1665 the Commissioners were in the province of New Hampshire, and in most of the considerable Towns where they sum- moned the Inhabitants to appear and have his Majts letters read and accordingly the Inhabitants did readily meet, (although they were commanded by the Council of Boston not to appear, or give any obe- dience to the Commands of his Majtys Commissioners) and heard his Majts letters read which gave them great satisfaction and did then en- treat the Commissioners to take them off from the Government and Jurisdiction of the Massachusets Bay, and the Commissioners did de- clare unto the people they were out of the Jurisdiction of the Massa- chusets, and did promise them that they would speedily settle the Government of that province But the Council at Boston did violently oppose the proceedings of the Commrs and would not suffer them to act according to their Commission the present Governor M' Leverett and others entering the province with a troop of horse and some ffoot compelled the people to a submission to the Massachusetts Govern- ment.

However Coll Nichols did impower Major Nicholas Shapleigh as his Deputy to take care of the concerns of that province who accordingly did make claime in the behalf of the said Robert Mason in all the towns within the limits of New Hampshire the Inhabitants most of them were willing to comply although Capt Walderne M' Cutts and some others did encourage some to the Government of the Massachu- sets they having possessed themselves of great tracts of improved lands in the most eminent places in the province, and fearing least they should be called to an account for the same got some people to petition the Massachusets to be continued under their Jurisdiction.

Nevertheless the Magistrates of Boston did endeavour by large promises and offers to have brought Joseph Mason the Agent of Robert Mason to comply with them and to grant and own their power

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and Jurisdiction in that province proffering him what lands he would desire for his own use But the said Joseph Mason rejected all their offers and temptations.

Then they employed their Secretary M" Rawson unto the said Jo- seph Mason desiring him that he would use his endeavours to per- swade the Proprietor Robert Mason to a compliance with their Gov- ernment and afterwards in Septem 1667 Capt Robert Pike came from the Magistrate of Boston to Pascattaway unto the said Joseph Mason who was then returning for England and did sollicitt him to perswade the said Robert Mason to a compliance with the Government of the Massachusetts and did tell him that the Magistrates were willing to restore unto the said Robert Mason the right of his lands to dispose so that he meddle not with the Government of the Province.

But the Government finding they could not bring the said Robert Mason to surrender the Government of his province unto them by a legal resignation or acknowledge them for his superiour Lords they have by all ways and means contrived to keep him out of the posses- sion of his Inheritance.

His Majty having upon the long complaints of the said Robert Ma- son summoned the Magistrates of Boston to appear by their Agents and to show by what authority or pretence of right they have thus acted and being conscious of their usurpations and most unjust pro- ceedings they did in August last sollicit the Inhabitants of New Hampshire that they would joine by multitudes of hands to excite his Majty that they may be still continued under their authority suggest- ing unto the people that if once the Proprietor be reseized of the claimes they must be turned out of their possession, and have imposed fears and used threatnings towards such as shall freely declare or any way be suspected of any engagement in the present proceedings de- claring the said Robert Mason to have forfeited his lands.

[Endorsed] Title of Rob. Mason to New Hampshire in New England.

New England Papers. Vol. 42, Page 138. [March, 1679.]

Mr Gorges Selling the Province of Maine to ye Massachusetts & over- tures to M' Mason from yt Colony for New Hampshire.

May it please yor Lordshipp

I think it my duty to acquaint yor Lordship That M' Gorges either out of a distrust of his Majts Justice of doing him right, or else over-

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come by the Sollicitations of the Boston Agents or some employed by them, He hath sould the Province of Maine and the Governmt thereof to them. Notwithstanding his often offers to his Majtie and his Majty seeming inclinations to buying that province of him, which would have been of great concerne to his Majtys affaires in that part of the world.

Overtures have also been lately made to me for my Province I have hitherto declined the thoughts of a Treaty (although for many years oppressed by that Governm' of the Massachusets) in confidence that his Majty will doe himself and me right by establishing his owne Royall authority in New England.

Yor Lordps most humble Servant

Robert Mason

Read March : 25 att Comtee No farther Consideration had of the province of maine this was rejected

Read againe ye 28 And ordered that his Matie be againe moved in Councell on this matter.

New England Papers. Vol. 42, Page 212. [Abstract. January 4, 1679.]

Abstract of Letters received from Mr Randolph. New England.

That upon the 30th of December last he had deld His Matys Com- mission for Setling the Government of New Hampshire together with the Seale and Order of Councill into the hands of the President.

That Mr Cutts the President is a very just and honest man, cast out of all Publick Employmt by the Government of Boston. That he is an ancient and infirme man.

That the People are afraid that they shall be put under the hands of Strangers.

That the People of Boston murmur at the great expense of their late Agents in England some say of nigh 4000£

That grevous Complaints are made by the Inhabitants of the Prov- ince of Main who in the late Indian War found more loss & mischief attending them by the Cowardize & inadvertency of their Church Member Officers than from the cruelty of the Indians themselves. The Boston government have now laid Rates upon the Inhabitants of the Townes of Kittery, Yorke & Wells to above 3000% which they cannot pay having lost almost all by the late War.

That he found the People all the way he travelled (except the

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Colony of New Plymth) very much unsetled contending about lands & Boundaries Every one Supposing He had brought Orders from Court for setling & confirming their particular Colonies.

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Rolls of the Soldiers in the Revolutionary war, 1629 to 1725, Part 43

Author: None Publication date: Publisher: Number of Pages: 860

Author: None
Publication date:
Publisher:
Number of Pages: 860