USA > New Hampshire > The history of New Hampshire, Volume I > Part 22
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an
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an affembly held at Bofton the 19th of October 1652, fe- rioufly perufe the grant (which had been procured as a- forefd.) and therein weighing the words and trying what new fence they might beare more futeable to theire in- creafe of power, they tho't fit at length to declare them- felves miftaken in what they had done in the year 1631, when they erected bound houfes and had for foe many yeares confined themfelves thereunto, whereas now by the help of an imaginary line or rather by a new reafon of ftate there is a fence impofed by themfelves upon theire own words, and they ftretch their rights to neer two hundred miles of land northward and as much fouthward more than they were fatisfied withal before, fwallowing up your majefty's petitioner as well as others whofe properties were eftablithed long before the faid people had any being. And that they might give execution to this righteous fen- tence they prefently invade and by force of arms feize up- on the province of New Hampshire, and other lands of right belonging to your petitioner, befides what they did to others, compelling the inhabitants to fwear to be true to them and to caft off their lawful lords, and fuch as refufed were either ruined, banifhed or imprifoned, and any appeales to England utterly denied unto them, then they proceed to coining of money with their owne im- prefs, raifing the coine of England, and acting in all mat- ters, in a moft abfolute and arbitrary way. And although your petitioner by his agent Joseph Mafon did demand redrefs of the general court of Maffachufetts fetting at Bofton in 1652, offering to make out the right and title of your petitioner to the province of New-Hampfhire and other lands againft all perfons whatfoever, yet noe refti- tution could be obtayned without a fubmiffion to their authority, and to hold the lands from them which the petitioner then did refufe and hath alwaies refufed chuf- ing rather to wait for more happy times wherein to ex- pet reliefe then by a legall refignation of his rights to thofe who had none at all diveft himfelf of what his an- ceftors had purchafed at foe deare a rate : Your petition- er having as equall a right to the government in the faid province as he hath to the land itfelf, all which appears by a report made to your majefty the 15th of February 166r, when your petitioner firft expofed to your majefty the
E e oppreffions
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oppreffions under which he had fo long groaned, in the evil times, and which grieves him now much more to beare while hee has the protection of foe juft and gracious a fov- eraigne to refort unto.
Wherefore your petitioner moft humbly implores your majefty to take notice, that (by a plaine difcovery of what fraud in the beginning and the length of troubled times has helped to conceale) the Boftoners have noe patent of incorporation at all, that yet they have under colour of right and authority from the crown devoured your peti- tioner and other proprietors whofe titles are by your ma- jefty's learned councell allowed as ftrong as the law can make them.
That all waies have been tryed and methods ufed to obteyn juftice from the Boftoners, but all have proved in- effectuall, that your petitioner's loffes have been foe many and great, and his fufferings foe continued that he cannot any longer fupport the burthen of them. And when your majefty will but confider how fmall the refpect has been wherewith thofe people have treated your majefty fince your happy reftauration, and what daily breaches are by them made upon your majef- ty's acts of navigation, which turnes fo greatly to the de- triment of this kingdome in generall, thefe loffes and fuf- ferings of a particular fubject cannot much be queftioned, foe that your petitioner humbly hopes that your majefty will think it high time to ftretch forth your royall hand of juftice to affift your petitioner, that hee may have the quiet poffetfion of his province, and reparation made him for the loffes fufteyned, in fuch ways and methods as the importance of the cafe requires, and your majefty in your royall wifdome fhall thinke moft fitt.
And your petitioner fhall ever pray.
ROB. MASON.
[ From a copy in the pofeffion of the Maponian proprietors. ]
No.
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No. XIV.
A brief declaration of the right and claim of the governour and company of the Maffachufetts Bay in New- Eng- land, to the lands now in their poffeffion, but pretend- ed to by Mr. Gorge and Mr. Mafon, together with an anfwer to their feveral pleas and complaints in their petitions exhibited : Humbly prefented and fubmitted by the faid governour and company to the king's moft excellent majefty, as their defence.
I N the yeare of our Lord 1628, in the third yeare of his late inajefty Charles the firft, of happy memory, fev- eral loyal and pioufly difpofed gentlemen obtained of the great council of New-England, a grant of a certain tract of land lying in New-England, defcribed and bounded as therein expreffed ; which was in all refpests fairly and openly procured and with fo good an intent of propagat- ing the gofpel among the natives, and to advance the honour and dignity of his late majefty, of happy memo- ry, that they were bold to fupplicate his faid majefty to fuperadd his royal confirmation thereto, which according- ly in an ample royal charter was paffed and remains un- der the broad feal of England, March the 4th 1629, in the fourth year of his majefties reign, with further addi- tions and enlargments well becoming fo royal a majefty, and fuitable for the encouragement of fo hazardous and chargeable an adventure. In purfuance whereof many of the faid patentees and other adventurers tranfported themfelves and eftates and fettled in the moft known and accommodable parts of thofe lands contained in the faid charter, neither time, eftate, nor power fuffering them fpeedily to furvey the juft extent of their limits. Not many years different in time feveral others alfo of his majefty's fubjefts obtained other grants, and made feveral fettlements in the more northern and eafterne parts of the country, with whom for feveral years we had neigh- bourly correfpondence, being as they fuppofed without the limits of our patent, amongft whom the prefent claim- ers and petitioners were. Thefe grants partly by reafon of the fmallnefs of fome of them, and partly by reafon of darke involv'd and dubious expreffion of their limits, brought the inhabitants under many intanglements and diffatisfactions among themfelves, which there being no fettled authority to be applied to, being deferted and for-
faken
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faken of all fuch as by virtue of faid grants did claim ju- rifdiction over them and had made a fuccefslefs effay for the fettlement of government among them proved of fome continuance, unto the great difquiet and diftur- bance of thofe his majefty's fubjects that were peaceable and well difpofed amongft them ; to remedy which in- convenience they betook themfelves to the way of com- binations for government, but by experience found it in- effectual. In this time ignorance of the northerly runn- ing of Merrimack river hindred our actual claim and ex- tention of government, yet at length being more fully fet- tled, and having obtained further acquaintance and cor- refpondency with the Indians poffeffing the uppermoft parts of that river encouraging an adventure, as alfo fre- quent follicitations from the moft confiderable inhabitants of thofe eaftern parts earneftly defiring us to make proofe of and afcertain our intereft, we imployed the moft ap- proved artifts that could be obtained, who upon their fo- lemn oaths made returns, That upon their certain ob- fervation our northern patent line did extend fo far north as to take in all thofe towns and places which we now poffefs ; which when the inhabitants as well as our felves were fatisfied in (urged alfo with the neceffity of govern- ment amongft them) they peaceably and voluntarily fub- mitted to the government of the Maflachufetts, (viz.) Dover, Squamfcot and Portfmouth anno 1641, Kittery, York and Wells anno 1652 and 1653, from which times until the year 1662, when there was a fmall interruption by a letter of Mr. Gorge, and afterwards in the year 1665, (when his majeftyes commiffioners, Colonel Nichols and others came over) the inhabitants of thofe parts lived well fatisfied and uninterrupted under the Maffachufets gov- ernment. But then the faid commiffioners neither re- garding the Maffachufets juft right nor the claims of Mr. Gorge and Mr. Mafon, fettled a new forme of govern- ment there, but this hardly outlived their departure, the people impatient of innovations, and well experienced and fatisfied in their former fcttlement, quickly and quietly returned to order againe and fo continue unto his time. This is in a few words the true ftate of the matter ; for the further illuftration whereof and juftification of our proceedings therein and vindication of ourfelves from the reproachful imputation of ufurping authority over his
majefties
APPENDIX.
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majefties fubjects in the'eafterne parts pretended to. with other fcandals caft upon us by the petitioners, we hum- bly prefent the following pleas by way of demonftration, and argue that our extention of government to thofe eaft- ern parts claimed is agreeable to our indubitable patent right ; our patent according to the expreis terme therein contained without any ambiguity or colour of other in- terpretation, lyes between two eaft and weft parallel lines drawn from the most foutherly part of Charles river and the most northerly part of Merrimack, with three miles advantage upon each, which upon the obfervation of men of approv- ed and undoubted truth upon oath, are found diftant one degree and forty nine minutes north latitude, being to extend in full latitude and breadth from fea to fea (ut in terminis) and therefore cannot be bounded by many hundreds or infinite numbers of lines, as the river of Mer- rimack maketh bends or angles in two hundred miles paffage from Winipefioke lake to the mouth thereof, which to imagine, as it is irrational fo would it involve us and any borderer into fo many inextricable difputes as are by no wayes to be admitted by a prince feeking his fubjects peace. Befides were fuch a conftruction allow- able (which with uttermoft ftreining is) yet all favourable interpretation is to be offered the patentees by the gra- cious expreffion of the charter. Now according to the afore mentioned obfervation (fo confirmed ) all thofe eaft- ern plantations challenged by our opponents (ut fupra) are comprehended within our northerly line. We deny not but the artifts of their felves, and if any queftion thence arife we feare not to fubmit to tryal to the moft exact and rigorous teft that may be. The invincible ftrength of this our firft plea may further appear by the confideration of the frivolous and infignificant allegations of the peti - tioners in oppofition thereunto, viz. Ift. The nonexten- tion of our line or affertion of our right to thofe caftern parts for fome years, ignorance as our cafe was circum- ftanced debarring no man of his juft right, neither can it reafonably be fuppofed that the exact furvey of fo large a grant in fo hideous a wildernefs poffeffed by an enemy would be the worke of a few years, our own poverty not affording means, and our weaknefs (allowing no deep adventure into the country) permitting us not view the favourable running of the river, which none can imagine
altered
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altered its courfe by our delay ; we may as well be de- prived of far more then we poffefs or ever faw on our weftern parts to the fouth fea (which none will deny) be- caufe we have not furveyed it or are foon like to be able,. as be taken from our northern right fo obvious to the meaneft artift.
2dly. The Po ffeffion houfe in Hampton, of fo little fig- nification and fo long fince difufed, that Mr. Mafon hath forgot the name thereof and calleth it Bound-houfe, e- rected to give the world to know that we claimed confi- derably to the northward of our then habitations upon the bay, though we did not know the uttermoft extent of our right, our fathers not being fo ignorant of the law of the realme to which they did appertain as to fuppofe the tak- ing poffeffion of part did debar them of the remainder but the contrary ; and we challange Mr. Mafon or any on his behalfe, promifing our records fhall' be open to the moft fcrutinous fearch to prove it, either called or intended ac- cording to his abufe thereof,
3dly. That notorious falfhood of ftretching our right to near four hundred miles north and fouth more than formerly we were fatisfied with, our whole breadth being but one hundred and nine mile, which is not much more then a quarter part of what he would have the world be- lieve our new claime and (as he would infinuate) ufurped territory doth contain, arifing (we would charitably believe) partly from ignorance of the coafting of the country, Mr. Mafon accounting by the fea-fide, and we fuppofe coaft- ing in the meafure of every harbour and cove to make up that calculation, which lies much of it due caft and not to the north, but we fear malevolently fuggefted (as many other things as of little credit) to introduce in- to his majeftie his royal breaft a beliefe that we are un- reafonable in our pretentions, and fo unworthy of his ma- jefties favour, which we hope fuch unlawful endeavours. will never be fo profperous as to obtain. What may be further added to this our firft plea, may be fupplied from the reafons formerly prefented. We urge fecondly, The invalidity of thofe grants pretended to by the petitioners, which are of two forts ; ift. Such as beare date after ours, which we fee no reafon to feare any interruption from. Secondly, Such as are pretended to bear date before ours, againft which we object that they are not authentick,
wanting
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wanting a fufficient number of grantors to make them fo, none of them as we prefume will appeare upon tryal having above fix hands and feats annexed to them, the faid council of New-England confitting of forty, and his ma- jeftys grant to them exprefsly requiring (as we are in- formed) feven at the leaft to figne to make any validact ; and indeed Mr. Mafon's own often unwearied renewal of his grants in 1621, fixteen hundred twenty two, fixteen hundred twenty nine and 1635, (as he faith) tacitly con- fefleth the fame invalidity, in the former puting him to charge for the latter, till at laft he fell into fuch a trade of obtaining grants that his laft and moft confiderable was fix years after the grant of our charter from his majefty; and but three days before the faid council's declaration of their abfolute refolution to refign, and but a few days before their actual furrender, as he afferts ; which of what value and confideration it is from the faid council's cir- cumftaheed under a neceffity of refignation of their great charter, procured rather by the clamour of fuch ill af- fected perfons as the prefent complaint than by any true accompt of diffettlement or ill management here, is not difficult to judge. Hence it appears, firft, how little rea- fon Mr. Mafon hath to brand us with fraud or furrepti- tioufnefs in obtaining our charter ; which hath moft fhew of fraud and furreptitious procuration, a fufficient num- ber of thofe honble perfons fubfcribing ours and fewer his pretended antidated grants, is eafie to determine. 'In
which affertion is to be obferved the high reflection caft upon the members of his late majefty and minifters of ftate, groundlefsly rendring the council's feal, yea the great feal of England, expofed to fraud and deceitful clandef- tine practices ; yea upon his prefent majefty, infinuating himfelfe better acquainted with matters of ftate then he who allows and confirmes our grant as authentick by his gracious letter of fixteen hundred fixty two, which intol- erable boldnefs how unbecoming (not to fay more) in a fubject, it is not eafie for us to fay. To all which we may add Sr Ferdinando Gorges application to the author- ity here to interpofe in his affair, which he,, being one of the great council, would have been far from acknowledg- ing, had Mr. Mafon's allegations been founded upon truth.
Secondly, That articles of charge depending upon fuch illegal
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illegal and poft dated grants cannot take place againft us were their difburfe as great as it is affirmed, which by eyewitneffes upon the place and ftil living, are proved com- paritively very inconfiderable.
3dly. We affirme that the whole management of the affair refpecting our government of thofe eaftern parts was in an orderly and peaceable way, and not without the re- iterated and earneft follicitation of moft of the people there inhabiting, fufficiently appearing by their feveral petitions ; and we challenge Mr. Gorge and Mr .Mafon by any living evidence or record to fhew any figne of a forceable en- trance : Some majiftrates upon the clearing of our right to them and acceptance of the tender of themfelves to us, being fent thither without any other force than each of them a fervant to attend them. Indeed fome years after Capt. Boniton for mutinous carriage was feized and brought to juftice ; concerning which and many other cafes many inhabitants yet living and eye wittneffes can give the moft impartial evidences.
4thly. We offer to confideration that the deferted and ungovern'd ftate of the people of thofe places had we not had that patent right fo clearly evinced, might warrant our actions ; efpecially confidering the obligation upon us to fecure his majefty's honour and maintain the publick peace, fo hazarded by the total want of government a- mongft them. Our firft exercife of jurifdiction being in the year 1641, eight year after Capt. Neale, agent for Mr. Mafon, had wholy deferted the improvement of land and the government of the country, which indeed he never ufed but one year, for in the year 1630 he firft came over, and in the year 1634 he quitted the place ; and in the in- terim neglected the fame in making a voyage for England, the fhort time of his tarriance not admitting of fet- tlement of government or improvement. We may hereto fubjoin that Mr. Jofeph Mafon, agent for Mrs. Ann Mafon, when here and all things were freth in memory, made no demand contrary to what is affirmed, but petitioned our juftice againft his debtors there and eifewhere, and that Sr Ferdinando Gorges his grant being fo mean and uncertainly bounded that he knew not well how to find much to lefs improve to confiderable advan- tage, by his letter bearing date- ----- doth devolve the whole charge and care of his pretended province upon
the
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the authority here eftablifhed. Laftly, That the exercife of jurifdiction in thofe eaftern parts hath been and is his majefty's honour, the people's great benefit, and our charge without profit, which had it not been, the ruine of thofe parts would have unavoidably enfued in the want of all government, and their feizure by the French, who ever waited a fit opportunity for the fame. They have part of them for thirty five years and others twenty yeares (fome fmall interruption intervening producing the ftrong- er inclination and refolution in them to be conftant to his majefties authority here) lived under the government of the Maffachufetts a quiet, well ordered and thriving peo- ple. And as for any complaint from ill affected perfons, it is well known that the beft and wifeft governmentis not without difquiet from from fome fuch ; and no wonder if filly people are foon affected with fuch fair glozing promifes as Mr. Mafon hath made and publifhed, as it were determining the cafe before tryal by his late letters to the inhabitants in thofe parts, and that our government in thofe places have been no gainis fo unqueftionable a truth that never was any levy laid upon them for the fupply of the publick treafury, tho' much hath been and is further like to be expended for their fecurity, who otherwife will inevitably become an eafie pray to the heathen now in hoftility with us, and at this prefent time rageing in thofe parts.
The before writen is a true copy tranfcribed from the records of the general court of the late colony of the Maffachufetts Bay, held by the governour and com- pany of the faid colony att Bofton, the 6th of Sep- tember, 1676.
Examd. per ISA. ADDINGTON, Secry.
No. XV.
At the Court at Whitehall, July, 20, 1677.
(L S.) Prefent the King's moft excellent Majefty. Lord Chancellor,
Earl of Peterborough,
Earl of Stratford,
Duke of Ormond,
E. of Bath,
Marquis of Worcefter, E. of Craven,
Ld Chamberlain, Ld Bn of London,
Earl of Northamton, Ff
Ld Maynard,
Ld
Ld Treafurer, Ld Privy Seal,
E. of Sunderland,
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Ld Berkley, Mr. Vice Chamberlain, Mr. Sec.y Coventry, Mr. Sec.y Williamfon,
Mr. Chancellor of the Exchequer, Mafter of the ordnance, Mr. Speaker.
W HEREAS the right honourable the lords of the committee for trade and plantations, did in pur- fuance of an order of the 7th of February laft make re- port to the board, of the matters in controverfey between the corporation of the Maffachufetts Bay in New-Eng- land, and Mr. Mafon and Mr. Gorges touching the right of foil and government, claimed by the faid parties in certain lands there, by virtue of feveral grants from his majefty's royal father and grandfather as followeth, in thefe words.
May it pleafe your majefty,
Having received your majefty's order in council of the 7th of February laft paft, whereby we are directed to en- ter into the examination of the bounds and limits which the corporation of the Maffachufetts Bay in N. E. on the one hand, and Mr. Mafon and Mr. Gorges on the other, do pretend by their feveral grants and patents to have been affigned unto them, as alfo to examine the patents and charters which are infifted on by either fide, in order to find out and fettle how far the rights of foil and gov- ernment do belong unto any of them. In confideration whereof the lords chief juftices of your majefty's courts of king's bench and common pleas were appointed to give us their affiftance, we did on the 5th of April laft to- gether with the faid lords chief juftices meet in obedience to your majefty's commands, and having heard both par- ties by their council learned in the law, we did recom- mend unto their lordfhips to receive a ftate of the claims made by both parties, and to return their opinions upon the whoie matter unto us, which their lordfhips have ac- cordingly performed in the words following :
In obedience to your lordfhips order we appointed a day for the hearing of all parties, and confidering the mat- ters referred, having received from them fuch papers of their cafes as they were pleafed to deliver ; at which time all parties appearing, the refpondents did difclaim title to the lands claimed by the petitioners, and it appeared to us that the faid lands are in the poffeffion of feveral other perfons not before us, whereupon we thought not fit to examine
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examine any claims to the faid lands, it being (in our o- pinion) improper to judge of any title of land without hearing of the ter-tenants or fome other perfons on their behalf ; and if there be any courfe of juffice upon the place having juridiction, we efteem it moft proper to di- ret the parties to have recourfe thither for the decifion of any queftion of property until it fhall appear that there is juft caufe of complaint againft the courts of juftice there for injuftice or grievance.
We did in the prefence of faid parties examine their feveral claims to the government, and the petitioners hav- ing waved the pretence of a grant of government from the council of Plymouth, wherein they were convinced by their own council that no fuch power or jurifdiction could be transferred or affigned by any colour of law ; the quef- tion was reduced to the province of Maine, whereto- the petitioner Gorges made his title by a grant from king Charles the firft, in the 15th year of his reign, made to Sir Ferd. Gorges and his heirs of the province of Maine and the government thereof. In aniwer to this the re- fpondents alledged that long before, viz. in quarto Caroli primi, the government was granted to them, and produc- ed copies of letters patents wherein it is recited that the council of Plymouth having granted to certain perfons a territory thus defcribed, viz. " all that part of New-Eng- " land in America which lies and extends between a great " river that is commonly called Monomack alias Merri- " mack, and a certain other river there called Charles " river, being in the bottom of a certain bay there call- " ed the Maffachufetts Bay, and alfo all and fingular the " lands and hereditaments whatfoever lying and being " within the fpace of three Englith miles on the fouth part " of the faid Charles river, or any or every part thereof ; " and alfo all and fingular the lands and hereditaments " whatfoever lying and being with the fpace of three " Englifh miles to the fouthermoft part of the faid bay " called Maffachufetts Bay ; and all thofe lands and he- " reditaments whatfoever which [lie] within the fpace of " three Englifh miles to the northward of the faid river " called Monomack alias Merrimack, or the northward " of any and every part thereof ; and all lands and here- " ditaments whatfoever lying within the limits aforefaid, " north and fouth in latitude and breadth, and in length
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