Visitation of London, 1568, Page 88.
Visitation of London, 1635, Pages 85-87.
Visitation Pedigrees of London, 1664, Pages 137-138.
Mason, John, 1586–1635, founder of New Hampshire, b. England. After serving (1615–21) as governor of Newfoundland, he and Sir Ferdinando Gorges received (1622) a patent from the Council for New England for all the territory lying between the Merrimack and Kennebec rivers. In 1629 they divided the grant, Mason taking as his share an area 60 mi (95 km) deep between the Merrimack and Piscataqua rivers, which he named New Hampshire. This grant was confirmed to him when the Council for New England surrendered its charter in 1635. Attempts by his heirs to make good their claims to this land led to long litigation. The inhabitants were finally compelled to recognize the Mason rights, which were sold (1746) by one of Mason's descendants to a group of 12 Portsmouth men, who became known as the Masonian Proprietors.. They issued settlement permits and land titles in the undeveloped parts of Mason's grant. The grant was redefined by the state in 1788.
J. W. Dean, ed., Captain John Mason (1887, repr. 1972).
Grant of Hampshire to Capt. John Mason, 7th of Novemr., 1629
This Indenture made ye Seaventh day of Novembr Anno Dom'v 1629 & in ye Fifth yeeare of ye Reigne of our Soveraigne Lord Charles by ye Grace of God King of England Scotland ffrance & Ireland Defender of the ffaith &c Between ye President & Councell of new England on the one partie & Capt John Mason of London Esqr on ye other partie Witinesseth yt whereas our late Soveraigne Lord of ffaimous Memory King James for ye makeing a Plantation & estahlishing of a Colony or Colonyes in the Countrey called or knowen by ye name of New England in America did his Highness letters patents under ye greate Seale of England bearing date att Westminster ye third day of November
(1) Historical Collections; Consisting of state Papers, and other authentic Documents; intended as Material for an History of the United states of America. By Ebenezer Hazard, Philadelphia, printed by T. Dodson, for the Author MDCCXCII. I. 289-295.
For all the New Hampshire Grants. charters, Leases, Deeds, Royal Instructions 1620-1746, and later organic acts to 1770 see New Hampshire state Papers, [Edited by Hon. A. S. Batchellor] Vol. XXIX, Concord, N.H. 1896 also, Laws of New Hampshire, Vol. I, Province Period, ]679-1702. Manchester, N. H., 1904.
New Hampshire state Papers; XXIX, Vol. VI, pp. US 33.
A Grant of the Province of Maine to Sir Ferdinando Gorges and John Mason, esq., 10th of August, 1622
This indenture, made the 10th day of August, Anno Dom. 1622, and in the 20th yeare of the reigne of our Sovereigne Lord James, by the grace of God King of England, Scotland, France and Ireland, Defender of the Faith, &c. Between the President and councill of New-England on the one part, and Sir Ferdinando Gorges*, of London, Knight, and Captain John Mason, of London, Esquire, on ye other part: Witnesseth, that whereas our said Sovereigne Lord King James, for the making of a plantation and establishing a colony or colonies in ye country called or knowne by ye names of New-England in America, hath, by his Highness Letters Patents, under the Great Seale of England, bearing date at Westmr. the 3d day of November, in the l8th yeare of his reigne, given, granted and confirmed unto the Right Honorable Lodowick, Duke of Lenox; George, Marquis of Buckingham; James, Marquis Hamilton; Thomas, Earl of Arundell; Robert, Earl of Warwick; Sir Ferdinando Gorges, Knt., and divers others whose names are expressed in ye said Letters Patents, and their successors and assignee, that they shall be one Body Politique and Corporate perpetuall, and that they should have perpetual succession, &c., and one comon scale or scales, to serve for the said Body, and that they and their successors shall be known, called and incorporated by the name of the President and Councill established at Plymouth in the county of Devon, for the planting, ruling and governing of New-England in America; and also hash, of his especiall grace, certaine knowledge and meer motion, for him, his heyres and successors; and given, granted and confirmed unto the said President and councill, and their succesors, under the reservacons, limitacons and declaracons in the said Letters Patents expressed, all that part or porcon of that country now commonly called New-England web is situate, lying and being between the latitude of forty and fortyeight degrees northerly latitude, together with the seas and islands lying within one hundred miles of any part of the said coasts of the country aforesaid; and also all the lands, soyle, grounds, havens, ports, rivers, mines, as well royal mines of gold and silver, as other mines, minerals, pearls and pretious stones, woods, queries, marshes waters, fishings, hunting, hawking, fowling, commodities and hereditaments whatsoever, together with all prerogatives, jurisdictions, royaltys, privileges, franchises and preliminaries within any of the said territories and precincts thereof whatsoever. To have, hold, possess and enjoy, all and singular, the said lands and premises, in the said Letters Patent granted and menconed to be granted, unto the said President and councill, their successors and assignee for ever; to be holden of his Majesty, his heyers and successors, as of his Highness Manor of East Greenwich, in the county of Kent, in free and common soccage and not in capite or by Knts. service-yielding and paying to the Kings Majestie, his heyers and successors, the one fifth part of all gold and silver care that from time to time, and at all times from the date of the said Letters Patents, shall be there gotten, had or obtayned for all services, dutyes and demands as in and his highness said Letters Patents amongst other divers things therein contayned, more fully and at large it doth appeare. And whereas the said President and Councill have, upon mature deliberacon, thought fitt, for the better furnishing and furtherance of the plantation in those parts to appropriate and allots to several and particular persons divers parcels of lands within the precincts of the aforesaid granted premises by his Majesty's said Letters Patents.
Now this indenture witnesseth, that ye said President and council, of their full, free and mutual consent, as well to the end that all the lands, woods, lakes, rivers, waters, islands and fishings, with all other the traffics, profits and commodities whatever to them or any of them belonging, and hereafter in these presents menconed may be wholly and entirely invested, appropriated, severed and settled in and upon ye said Ferdinando Gorges and Capt. John Mason, their heyers and assignee forever, as for divers speciall services for the advancement of the sd plantacons and other good and sufficient causes and consideracons, them especially thereunto moving, have given granted bargained sould assigned aliened set over enfeofed and confirmed and by these presents doe give grant bargain sell assigne alien set over and confirm unto ye said Ferdinando Gorges and Capt. John Mason, their heirs and assignee, all that part of the main land in New-England lying upon the sea-coast betwixt ve rivers of Merrimack and Sagadahock and to the furthest heads of the said rivers, and soe forwards up into the land westward until three-score miles be finished from ye first entrance of the aforesaid rivers, and halfway over; that is to say, to the midst of the said two rivers web bounds and limitts the lands aforesaid together wit all the islands and isletts within five leagues distance of ye premises and abutting upon ye same or any part or parcell thereof.
As also all the lands, soyle, grounds, harbors, ports, rivers, mines, mineralls, pearls, pretious stones, woods, quarries, marshes, waters, fishings, hunting, hawking, fowling, and other commodities and hereditaments whatsoever; with all and singular their appurtenances, together with all prerogatives, rights, royalties, jurisdictions, privileges, franchises, liberties, preheminences, marine power, in and upon ye said seas and rivers; as also all escheats and casualties thereof, as flotson, jetson, lagon, with anchorage, and other such duties, immunities, sects, isletts and appurtenances whatsoever, with all the estate, right title, interest, and claim and demands whatsoever wch ye said President and councill, and their successors, of right ought to have or claim in or to the said porcons of lands, rivers, and other ye said premises, as is aforesaid by reason or force of his highness' said Letters Patents, in as free, large, ample and beneficial manner, to all intents, constructions and purposes whatsoever, as in and by the said Letters Patents ye same are among other things granted to the said President and councill aforesaid, except two fifths of the care of gold and silver in these parts hereafter expressed, wth said porcons of lands, wth ye appurtenances, the said Sr. Ferdinando Gorges and Capt. John Mason, with the consent of ye President and Councill, intend to name to name The Province of Maine. To have and to hould all the said porcons of land, islands, rivers and premises as aforesaid, and all and singular other ye commodytyes and hereditaments hereby given, granted, aliened, enfeoded and confirmed, or menconed or intended by these presents to be given, granted, aliened, enfeofled and confirmed, with all and singular ye appurtenances and every part and parcell thereof, unto the said Sr. Ferdinando Gorges and Capt. John Mason, their heyres and assignee for ever, to be holden of his said Majesty, his heirs and successors, as of his Highness Manor of East-Greenwich, in the county of Kent, in free and common socage, and not in capite or by Knight's service. Nevertheless, with such exceptions reservacons, limatacons and declaracons as in the said Letters Patents are at large expressed; yielding and paying unto our Sovereign Lord the King, his heyres and successors, the fifth part of all ye care of gold and silver that from time to time, and aft all times hereafter, shall be there gotten, had and obtayned, for all services, duties, and demands. And also yielding and paying unto the said President and councill, and their successors, verely the sum of tenn shillings English money, if it be demanded. And the said President and councill, for them and their successors, doe covenant and grant to and with the said Sr. Ferdinando Gorges* and Capt. John Mason, their heirs arid assigns. from and after the ensealing and delivery of these patents, according to the purport, true intent and meaning of these presents, that they shall from henceforth, from time to time for ever, peaceably and quietly have, hold, possess and enjoy, all ye aforesaid lands, islands, rivers and premises, with ye appurtenances hereby before given and granted, or menconed or intended to be hereby before given and granted, and every part and parcell thereof, without any lift, disturbance, denyal, trouble, interrupcon or evacon of or by the said President and councill, or any person or persons whatsoever, claiming by, from, or under them, or their successors, or by or under their estate, right, title or interest. And ye said President and councill, for them and their successors, doe further covenant and grant, to and with ye said Sr. Ferdinando Gorges* and Capt. Mason, their heyres and assignee, by these presents, that they, ye said President and Councill, at all times hereafter, upon reasonable request, at ye only proper costs and charges in the law of ye said Sr. Ferdinando Gorges* and Capt. John Mason, their heyres and assignee, doe make, perform, suffer, execute, and willingly consent unto any further act or acts, conveyance or conveyances, assurance or assurances whatsoever, for the good and perfect investing, assuring and conveying, and sure making, of all the aforesaid porcons of lands, islands, rivers and all and singular their appurtenances, to ye said Sr. Ferdinando Gorges* and caps. John Mason, their heyres and assigns, as by them, their heires and assignee, or by his or their, or any of their councill, learned in the law shall be devised, advised or required. And further, it is agreed by and between the said parties to these presents, and ye said Sr. Ferdinando Gorges* and Capt. John Mason, for them, their heyres, executors, administrators and assignee, doe covenant to and with the said president and council, and their successors, by these presents that if at any time hereafter there shall be found any oare of gold and silver within the ground in any part of the said premises, that then they, the said Sr. Ferdinando Gorges* and Capt. John Mason, their heyres and assignee, shall yield and pay unto the said President and councill, their successors and assignee, one fifth part of all such gold and silver oare as shall be found within and upon ye premises, and digged and brought above ground to be delivered above ground, and that always within reasonable and convenient time, if it be demanded after the finding, getting, and digging up of such care as aforesaid, without fraud or covin, and according to the true intent and meaning of these presents.
And the said Sr. Ferdinando Gorges* and Capt. John Mason doe further covenant for them, their heyres and assignee, that they will establish such government in the said porcons of lands and islands granted unto them, and the same will from time to time continue, as shall be agreeable, as neere as may be to the laws and customs of the realme of England; and if they shall be charged at any time to have neglected their duty therein, that thus they well conforme the same according to the direct-the President and councill; or in default thereof it shall be lawful for any of the aggrieved inhabitants and planters, being teen's upon ye said lands, to appeal to ye chief courts of justices of the President and councill. And ye sd Sr. Ferdinando Gorges* and Capt. John Mason doe covenant and grant, to and with ye said President and councill, their successors and assigns, by these presents, that they, the said Sr. Ferdinando Gorges* and Capt. John Mason, shall and will, before the expiracon of three years, to be accompted from the day of the date hereof, have in or upon the said porcons of lands, or some part thereof; one parse with a competent guard, and ten families at least of his Majestie's subjects resident and being in and upon ye same premises; or in default thereof shall and will forfeit and loose to the said President and councill the sum of one hundred pounds sterling money; and further, that if the said Sr.Ferdinando Gorges* and Capt. John Mason, their heires or assignee, shall at any time hereafter alien these premises, or any part thereof, to any foraiglle nations, or to any person or persons of any foraigne nation? without the special license, consent, and agreement of the said President and councill, their successors and assignee, that then the part or parts of the said lands so alienated, shall immediately return back to the use of the said President and Councill. And further Know ye, that ye said President and Councill have made, constituted, deputed, authorized and appointed, and in their place and stead do put Capt. Robert Gorges*, or, in his absence, to any other person that shall be their governor or other officer, to be their true and lawfull attorney, and in their name and stead to enter the said porcons of lands, and other the premises wth eclair appurtenances, or into some part thereof in name of the whole, for them and in their name to have and take possession and siezin thereof, or some part thereof in the name of the whole, so had and taken, there for them, and in their names to deliver the full and peaceable possession and siezin of all and singular the said granted premises unto the said Sr. Ferdinando Gorges* and Capt. John Mason, or to their certaine attorney or attorneys in that behalf, according to the true intent and meaning of these presents, ratifying and confirming and allowing all and whatsoever their said attorney shall doe in or about the premises by these presents. In witness whereof to one part of these presents indentures, remaining in the hands of Sir Ferdinando Gorges* and Capt. John Mason, the said President and councill have caused their common seal to be affixed, and to the other of these present indentures, remaining in the custody of the said President and councill, the said Sir Ferdinando Gorges and Capt. John Mason have put to their hands and seals. Given the day and year first above written.
* Pedigree of Sir. Ferdinando Gorges is found in The Visitation of Sommersetshire,1623, Page 42.
Grant of the Province of New Hampshire From Mr. Wollaston to Mr. Mason, 11th June, 1635
This Indenture Made the 11th day of June in the 11th yeare of ye Raigne of our Soveraign Lord Charles by the grace of God King of England Scotland France &; Ireland Defender of ye ffaith &c Between John Wolaston Citizen & Goldsmith of London of the one part and Capt John Mason Esqr of the, other part Witnesseth that whereas ye Coullcill of New England by their Indenture under their Com'on Seale bearing date the l8th day of Aprill last past before the Date hereof made Between ye Said Councill by ye Name of ye Councill Established at Plymouth in ye County of Devon for ye planting ordering ruling & Governing of New England in America of ye one part & ye Said Jolm Wollaston by the name of John Wollaston Citizen & Goldsmith of London of the other part for the Considerac'ons in the same Indenture contained have demised granted and to Farme Letten unto the Said John Wollaston his Executors and Assignes, all that part purport and porc'on of the Maine Land of New England aforesaid beginning from the Middle part of Naumkeck River and from thence to proceed Eastwards along the Sea Coast to Cape Anne and round about the Same to Passcattaway Harbour and alsoe from Naumkeck through the River thereof upp into the Land West Sixty Miles from wch period to Cross over Land to the Sixty Miles end accounted from Passcattaway through Newichewanock river to the Land Northwestwards aforesaid and alsoe all that the South half of the Isles of Shoalds togeather with all other Islands & Isletts as well imbaid as within ffive Leagues distance from the prmises and abutting upon the Same or any part or parcell thereof not otherwise granted to any by Speciall Name, And togeather also with all woods underwoods and trees now Standing growing & being, or wch hereafter Shall or may stand grow or bee in and upon the Said Porc'ons of Lands & other the Premises All wch part & porc'ons of Lands Islands and premises are from thence forth to be called by the Name of Newhampshire. And whereas alsoe the Said Councill for the considerac'ons aforesaid have demised granted & to farme Letten unto the said John Wollaston his Execrs and Assignes all that other parcell or porc'on of Lands woods & wood grounds lying on the Southeast part of the River of Sagadahock in New England aforesaid at the mouth or entrance thereof containing & to containe there, Ten Thousand Acres togeather also with all the woods underwoods & trees of the same wch said other parcell of Lands from thenceforth is to be called by the name of Masonia. And ,Whereas moreover the Said Councill for the Considerac'ons aforesaid have demised granted & to Farme letten unto the Said John Wollaston his Executors and Assignes together with the Said Lands Islands and premises all the Soyles, grounds, havens, Ports, Rivers waters, Dishings, Mines, & Mineralls as well Royall Mines of Gold and Silver as other Mines & Mineralls pretious Stones Quarries and all and Singular other Comodityes, Jurisdictions Royaltyes priviledges ffranchises and preheminences both within the said Tracts of Land upon the maine,& alsoe within the Said Islands or any the Said demised premises. And also all rents reserved upon the premises or any part or Parcell thereof perquisites & profitts of Courts Deodands waives & strayer goods of ffelons & Fugitives escheats & all other casuall proffitts whatsoever arising or which may hereafter arise out of the Said Demised prerrlises or out of any part or parcell thereof under Such reservac'ons as in the Said Lease are excepted & reserved To have & to hold & enjoy all & Singular the Said Lands Islands and all other the Said Demised premises with their & every of their appurten'ces unto the Said John Wollaston his Executrs and assignee from the Day of the Date of the Said Indenture of Demise unto the. full end & demise of three thousand yeares from thenceforth next it imediatly ensuing & fully to bee compleated & ended without impeachment of any manner of west for and under the yearly Rent of one pepper Corne payable if it be Lawfully Demanded as in & by the said Indenture of Demise more at large it doth & may appeare which said Indenture of Demise was made unto the said John Wollaston by & with the consent of the Said Capt John Mason in trust only for the benefit & behoofe of him the said Capt John Mason his Executors & Assignes, Now therefore this Indenture further wittnesseth That the Said John Wollaston in pformance of the Trust in him reposed & also for divers other good causes & considerac'ons him hereunto especially moving hath granted assigned left over & confirmed & by these prsents doth grant assigne left over & confirms unto ye said Capt John Mason his Executors & Assignes All that the Said part purport & porc'on of Lands called New Hampshire & all & Singular other the said Demised premises with their & every of their appllrtanences in ye said Indenture contained Together with the said recited Indenture of Demise and all ye right title Interest terme of yeares Claime & demand of him the Said John Wollaston of in & to ye Same or any part or parcell thereof & all the benefit profitt advantage & Com'odity whatsoever which shall or may bee had by the same, To have hold & Enjoye the Said part purport & porc'on of Lands called New Hampshire & all & Singular other the Said premises with their & every of their appurten'ces and also all the right title and interest of the Said John Wollaston of in & to the same or any part or parcell thereof unto the said Capt John Mason his Executrs and Assignes from the day of the Date of these presents for and During all ye residue of the Terme of Three thousand yeares yet to come an unexpired in ye same for and under the reservac'ons of Rents in the said recited Indenture contained as fully freely & in as large ample & beneficiall Manner and forme to all intents & purposes whatsoever as he the said John Wollaston his Executes and assigns or any of them may might or ought to have hold & enjoye the same by vertue of the recited Indenture of Demise or otherwise In witness whereof the said partyes to these prsent Indentures interchangeably have sett their hands & Seales the Day & yeare first above written.
(1) New Hampshire State Papers, XXIX, Vol. VI, pp. 66-69.
Grant of the Province of New Hampshire to John Wollaston, Esq., AN. 1635
This Indenture made ye Eighteenth day of Aprill in ye Eleaventh yeare of ye raigne of our Soveraigne Lord Charles by ye Grace of God King of England Scottland France & Ireland Defender of the ffaith &c Between ye Councill established at Plymouth in ye County of Devon for ye planting ruleing ordering & governing of New England in America of ye one part & John Wollaston cittizen & GoldSmith of london of ye other part wittnesseth yt whereas our late Sovraigne Lord King James of blessed memory by his highness Letters patients under ye great Seale of England beareing date at Westminster ye third day of Novembr in ye Eight year of his highness Raigne over ye Realme of England for ye consideracon in ye sd letters patents expressed hath absollltly given granted & confirmed unto ye sd Councill & thier Successors for ever All ye land of New England in America lying & being in breadth from fourty degrees of Northerly latitude from ye Equinoctiall line to fourty eight degrees of ye sd Northerly Latytude inclllsively & in length of & wthin all ye breadth aforesd from Sea to Sea together alsoe wth all ye firme lands soyles grounds havens, ports, rivers waters fishings mines mineralls as well Royall mines of Gold & Silver as other mines & mineralls llretious Stones quarryes & all & singular other Comodityes Jurisdic'ons Royaltyes priviledges ffranchises & preheminences both wthin ye sd tract of land upon ye maine ,& alsoe wthin ye Islands adjoyning as by ye sd letters patients amongst divers other things therein contained more at large it doth & may appeare Now this Indenture further wittnesseth yt ye sd Councill in performance of an agreemt between them made & enacted ye third day of February last past before ye date of these p'nts & also for diverse other good causes & considerac'ons them ye sd Councill hereunto especially moveing have demised granted & to farme letten & by these p'nts doe demise grant & to farme left unto ye sd John Woollaston his Executors & assignee all yt part purpart & porc'on of ye Maine Land in New England aforesd being from ye middle part of Naumkeck river & from thence to proceed Eastwards along ye Sea Coast to Cape Anne & round about ye same to Passcattaway harbour & soe forwards up wthin ye river of Newichewanock & to ye furthest head of ye sd River & from thence northwestward till Six miles be finished from ye first enterance of Passcattaway harbour & also from Naumkeci; through ye river therof up into ye land west Sixty miles from wch period to crose over land to ye Sixty Miles end accompted from Passcattawy though Newichewanock to ye land north westward aforesd & alsoe all yt ye South half of ye Isles of Shoulds together wth all other Islands & Isletts as well imbayed as wthin five leagues distance from ye premises or abutting upon ye same or any part thereof not otherwise granted to any by speciall name and together alsoe wth all ye woods & underwoods & trees now standing growing & being or web may stand growe to be upon ye sd demised premises or any part or pacell thereof wet porc'on of land and premises are from hence forth to be called by ye name of New Hampshire And alsoe ye sd Councill for ye considerac'ons aforesd have demised granted & to farme letten & by these p'nts doe demise grant & to farme lett unto ye si John Wallaston his Executors & assignee all yt other parcell of lands woods & wood grounds lying on ye South east part of ye river of Sagadahock in ye North east part of New England aforsd aft ye mouth & entrance therof containing & to contain tenn Thousand Acres together alsoe wth all ye woods under woods & trees of ye same other parcell of land & wood ground shall from hence forth be called by ye name of Masonia And asoe ye sd Councill for ye considerac'ons oresd have demised granted & to farme letten & by these p'nts doe demise grant & to farme left unto ye sd John Wollaston his executors & assignee together wth all ye sd lands & Islands and premises all ye sovles grounds havens ports rivers wafters ffishings mines & mineralls as well Royall mines of Gold & Silver as other mines mineralls pretious Stones quarreys & all & Singular other Com'odityes Jurisdicc'ons royalltyes priviledges ffranchises & preheminences both wthin ye sd tracts of land upon ye Maine & alsoe wthin ye Sd Islands or any of ye sd demised premises and together alsoe wth all rents reserved upon ye premises or ye any part or pareell thereof perquisitts & profitts of Courts Deodands waives & strafes goods of felons & fugitives escheats & all other casuall profitts wt soever ariseing or wed may hereafter arise out of ye so Demised premises or out of any part or parcell therof Savein excepting & reserveing only out of this p'nte demised or granted ye fifth part of all ye Gold & Silver oare due to his Matie his heires & Successors & in & by ye so Recited letters pattents recovered To have hold & enjoy all & singular ye sd lands Islands & all other the so demised premises we their & every of their appurtences unto ye sd John Wollaston his executors & assignees from ye day of ye date heerof unto ye full end & terme of three Thousand Yeares from thence forth next & imediatly ensuing & fully to be compleate & ended wthout impeachment of any maner of west & also with full Power to doe & comitt of man'er of west either in ye selling felling or cutting of any timber trees woods & underwoods or in ye new opening of any mines of Gold or Silver or any other Mines wt soever & also wth full power licence & authority to sell fell cutt downe carrey & dispose of to his & their owne proper use & behoofe att his & their free will & pleasure all & singular ye so woods & underwoods & trees & alsoe to digge & car'y a way or other wise dispose of all or any ye soyle mines pretious Stones, & quarreys & to convert & imploy or other wise enjoy ye same as fully freely & in as large ample beneficiall man'er to all intents & purposes as they ye sd Councill or any of them by vertue of ye sd recitted letters patients may might or ought to have hold & enjoy ye same Yeelding & paying therfore yearly dureing ye sd terme one peper Corne to be lawfully demanded In wittness wherof to ye one part of this p'nte Indenture remaining in ye hands of ye sd John Wollaston they ye sd Councill have fixed their Com'on scale to ye other part of this plate Indenture remaining in ye hands of ye sd Councill ye sr John Wollaston hath sett his hand & scale dated ye day & yeare first above written Annoqe Dom' 1635
(1) New Hampshire State Papers, XXIX, Vol. VI, pp. 64-66.
Grant of the Province of New Hampshire to Mr. Mason, 22 April 1635, By the Name of Masonia
To all Christian people unto whome these prnts shall come The Councill for ye affaires of New England in America send greeting in our Lord God ever lasting Wereas our late Soveraigne Lord King James of blessed memory by his Highness Le'rs patents under ye great seal of England beareing date at Westminster ye, third day of Novembr in ye Eighteenth year of his Raigne over his Highness Realme of England for ye Considerac'ons in ye so Le'rs patents expresed and declared Lath absoelutly given granted & confirmed unto ye sd Councill & their Successors for ever All ye land of New England in America lying & being in breadth from fourty degrees of Northerly latitude from ye Equinoctiall line to fourty Eight Degrees of ye, so Northerly latitude inclusively & in length of & wthin all ye breadth aforesd from Sea to Sea together alsoe wit all ye firme lands soyles ground havens ports rivers waters dishings mines & Mineralls as well Royal mines of Gold and Silver as other mines minerals pretious stones quarreys & all & singular other comodityes Jurisdicc'ons Royaltys priviledges Franchises & preheminences both wthin Ye sd tract of land upon ye maine & alsoe wthin ye Islands and seas adjoyning as by ye so Le'rs patients amonst diverse other things therein contained more at large it doth & may appeare now knowe all men by these p'nts yt ye Sd Councill of New England in America being assembled in publique Court according to an act made & agreed upon ye third day of ffebry last past before ye date of, these p'nts for divers good causes & considerac'ons them therunto especially moveing haveing granted aliened bargained & sould & in & by these p'nts doe for them & their successors give grant alien bargain sell & confirms unto Capt Jon Mason Esqr his heires & assignees All yt part of ye maine land of New England aforesd being from ye middle part of Naumkeck river & from thence to proceed, East wards along ye sea Coast to Cape Anne & round about ye same to passcattaway harbour & soe forwards up wthin ye river of Newickewanock & to ye farthest head of ye said river & from thence Northwards till six miles be finshed from ye first entrance of passcattaway harbour & asoe from Naumkeck through ye river thereof up into ye land west Sixty miles from wch period to crose over land to ye sixty miles end accounted from passcattaway through Newickewanock river to ye land north west aforesd & alsoe all yt ye south half of ye Isles of Sholds all wch lands wit ye consent of ye Councill shall from henceforth be called New Hampshire & alsoe tenn thousand acres more of land in New England aforesd on ye south east part of Sagahahock at ye mouth & enterance thereof from henceforth to be called by ye name of Masonia together wth all & singular havens Harbours creekes & Islands imbaid & all Islands & Isletts lying wthin five leagues distance of ye maine land opposit & abutting upon ye premises or any part thereof not formerly lawfully granted to any by speciall name and all mines mineralls quarreys soyles & woods marshes rivers waters lakes fishings hawking hunting & fowling & all other Royaltyes Jurisdicc'ons privileges preheminence proffitts com'odityes & hereditaments wtsoever wth all & singular their & every of their appurtences & together alsoe wth all rents reserved & ye benefit of all profitts due to ye Sd Councill & their successors wth ye power of Judicature in all causes & matters wtsoever as well criminall capitall & civill ariseing or wch may hereafter arise wthin ye limits bounds & percincts aforesaid to be exercised & executed according to ye laws of England as near as can be by ye sd Capt John Mason his heires & assignee or his or their Deputies I,ieutenants Judges Stewards or officers thereunto by him or them assigned deputed or appointed from time to time with all other priviledges Franchises liberties imunityes escheats & casualtyes thereof arising or wch shall or may hereafter arise wthin ye said limitts & precincts wth all ye interest right title claime & demand wt soever wch Ye sd Councill & their Successors now of right have or ought to have or claime or may have or aquire heerafter in or to ye sd porc'ons of lands Islands or any of ye premises & in as free large ample & beneficiall man'er to all intents construcc'ons & purposes we soever as ye sa Councill by vertue of his Majts sd letters patients may or can grant ye same saveing & allawayes reserving unto ye sd Councill & their Successors power to receive heare & determine & singular appeal and appeales of every person & persons wt soever dewelling or inhabiting wthin ye sd territoryes & Islands or any part thereof soe granted as aforesd & from all Judgements & sentences wt soever given wthin ye sd lands & territoryes aforesd To have & to hold all & singular ye lands & premises above by these p'nts granted except before excepted wth all & all man'er of profits comodityes and hereditamts wt soever wthin ye lands & precincts aforesd or to ye sd lands Islands & premises or any part of them in any wise belonging or appertaining unto ye sd Capt Jo Mason his heires & assignees for ever To ye only proper use & behoofe of him ye Sd Capt Jo Mason his heires & assigner for ever To be holden of ye sd Councill & their successors & Gladium com'itatus yt is to say by finding four able men coveniently armed & arraied for ye warr to attend upon ye Governor of New England for ye publique Service wthin fourteen dayes after warning given yeelding & paying unto ye sd Councill & their successors for ever one fifth of all ye oar of ye mines of Gold & Silver wch shalbe had possessed or obtained wthin ye limitts or percincts aforesd for all rents services dutys & demands wt soever due unto ye sd Councill & their Successors from any plantation wthin the precincts aforesd ye same to be delivered unto his Mats Receiver his deputie or deputies assigned for ye receipt thereof To ye use of his Matie his heires & Successors from time to time wthin ye lands precincts & territoryes of New England aforesd And last ye sd Councill have deputed authorized & appointed & in their place & stead have putt Henry Jaseline Esqr & Ambrose Gibbins gent or either of them to be their true & lawfull Attorney & attorneys for them & in their name & stead to enter into ye sd lands & other ye premises wth their appurtences or into any part thereof in ye name of ye whole & to take quiet & peacable possession & sezing thereof and after such possession & seeing soe had & taken as aforesd then to deliver ye same unto ye Sd Capt Jon Mason his heires or assignee or to his or their certaine attorney or attornies to be by him or them deputed on intent and meaning of these p'nts In wittness whereof they ye sd Councill have heerunto affixed their com'on seale dated ye two & twenteth day of Aprill in ye Eleaventh year of his Raigne of Soveraigne Lord Charles by ye grace of God King of England Scotland France & Ireland Defender of ye faith &c Anno Dom' 1635
[NOTES.-Contrary to the title of the above grant, the name " Masonia " is not applied to the territory of New Hampshire, but to a tract of ten thousand acres of land in Maine, granted by the same document. New Hampshire was granted by its present name.-OTIS G. Hammond.
I am indebted to Hon. A. S. Batchellor, Editor of the New Hampshire State Papers, for extended courtesies, and for accurate copies of New Hampshire Charters.-Editor.]
(1) Hazard's Historical Collections, I. 384-387. New Hampshire State Papers, XXIX, vol. VI, 64-66.
Grant of the Province of New Hampshire to Mr. Mason, 22 Apr., 1635, By the Name of New Hampshire
This Indenture made the two and twentieth Day of Aprill in the 11th yeare of the Reigne of Our Soveraigne Lord Charles by ye Grace of God King of England, Scotland, France, & Ireland Defender of the Faith &c Between the Councill Established at Plymouth in the County of Devon for the planting ordering ruling & Governing of Near England in America of ye one part and Capt John Mason Esquire of the other part Witnesseth that whereas our late Soveraigne Lord King James of Blessed Memory by his Highnes Letters Pattents under the great Seale of England bearing date at Westminster the 3d day of November in the 18th yeare of his highnesse Reigne over the Realme of England for the considerac'ons in the Same Letters Pattents expressed hath absolutely given granted and confirmed unto the Said Councill & their Successor for ever all the Land of New England in America lying and being in breadth from 40 Degrees of Northerly latitude from ye Equinoctiall Lyne to 48 Degrees of the Said Northerly Latitude inclusively, & in length of & wthin all ye breadth aforesaid throughout ye Maine Land from Sea to Sea togeather alsoe with all firme Lands Soyles, grounds havens Ports rivers waters ffishings, Mines & mineralls as well Royall Mines of Gold & Silver as other Mines & Mineralls, pretious, Stones, quarries and all and Singular other Comodityes Jurisdictions Royaltyes Franchises & prominences both within the Said Tract of Land upon the Maine and also wthin the Islands & Seas adjoyning as by the Said Letters Pattents amongst divers other things therein contained more at large it doth & may appeare Now this Indenture further Witllesseth that ye Said Councill in pformance of an agreement made by & between themselves & enacted the third day of February last past before the Date of these prsents for a Competent Sume of Money, & alsoe for divers other good causes & considerac'ons them ye Said Councill hereunto especially moveing have given granted bargained Sold enfeoffed & confirmed and by these prsents doe give grant bargaine Sell enfeoffe and confirms unto the Said Captain John Mason his heires and assignee all that part purport & porc'on of ye Maine land of New England aforesaid beginning from the middle part of Naumkeck River & from thence to proceed Eastwards along the Sea Coast to Cape Anne and round about the Same to passcattawav Harbour and soeforward up within ye River of Newichwanock and to ye farthest head of the Said River & from thence Northwestward till Sixty Miles be finished from ye first entrance of Passcattawav harbour & alsoe from Naumkek through the :Eliver thereof up into the land West Sixty Miles from which period to Crosse over Land to the Sixty Miles end accounted from Passcattaway through Ne~vichwanock River to the Land Northwestward aforesaid & also all that the South half of the Isles of Shoulds together wth all other Islands, & Isletts as well imbaid as within 5 Leagues distance from the premisses & abusing upon the same or any part or parcell thereof not Otherwise granted to any by Speciaall Name All which part & porc'on of Lands Islands and premises are from henceforth to be called by the Name of New Hampshire & also the Councill for ye considerac'on aforesaid have given granted bargained Sold enfeoffed & confirmed & by these p'nts doe give grant bargaine Sell enfooffe & confirme unto ye sd John Mason his heires & assignee all that other parcell or porc'on of Lands woods & wood grounds Lying on ye South east part of the river of Sagadahock in New England aforesaid at the mouth or entrance thereof containing & to containe there Ten Thousand Acres wch said other parcell of Lands from henceforth is to be called by ye name of Masonia. And moreover the Said Councill for ye considerac'ons aforesaid have given granted bargained Sold enfeoffed & confirmed & by these prsents doe give grant bargaine Sell enfeoffe & confirms unto ye said Captaine John Mason his heires & assignee together wth the said bargained prmises all ye firnie Lantls Soyles Grounds havens Ports Rivers waters dishings Mines and Mineralls as well Royall Mines of Gold & Silver as other Mines & Mineralls pretious Stones quaryes & all & Singular other Com'odityes Jurisdictions Royaltyes priviledges ffranchises & preheminences both wthin the Said Tracts of Lands upon the Maine and alsoe with ye Islands & Seas adjoyning Saving excepting and reserving out of this prsent Grant only ye fifth part of all ye Oare of Gold and Silver due to his Maty his heires and Successors and in & by ye Said recited Letters Pattents reserved To have & to hold all Those the said severall parcells of Land and all other ye said bargained premises Wth their and every of their appurtenances Except before Excepted Unto ye Said Capt John Mason his heires & assignee to ye only & proper use and behoofe of him ye said Capt John Mason his heires & assigner forever. And to bee Enjoyed as fully freely & in as Large ample and beneficiall Manner & forme to all Intents & purposes whatsoever as they the Said Councill & their Successors by vertue of ye Said recited Letters Pattents may might or ought to have hold & enjoy the same or any part or parcell thereof In witnes whereof to one part of this prsent Indenture remain" in ye hands of ye said Capt John Mason they ye Said Councill have affixed their com'on Seale to ye other part of this prsent Indenture remaining in ye hands of ye Said Councill the Said Capt John Mason hath Sett his hand and scale dated ye Day & yeare first above written Annoqi Dom' 1635
(1) New Hampshire State Papers, XXIX. Vol. VI. 62-64