Fourth on the 7th of November, 1629, the Council of Plymouth gave Captain Mason a new grant, "all that part of the mainland in New England lying upon the seacoast, beginning from the middle part of Merrimack River, and from thence to proceed northwards along the sea-coast to Piscataqua River, and so forwards up within the said river and to the furtherest head thereof, and from thence north westward until threescore miles be finished from the first entrance of Piscataqua River; also from Merrimack through said river and to the furtherest head thereof, and so forwards up into the lands westwards, until three score miles be finished; and from thence to cross over land to the three score miles end accompted from Pascataqua River."2 This grant he called New Hampshire naming it for Hampshire or Hants, which had formerly been his old home in England.
It is impossible to understand why this grant was made. It covers no more territory nor bestows any more privileges than former grants. Another strange thing, why should Captain Mason receive a grant of land extending to the Merrimack River when a strip of the same three miles wide to the north of the river had been granted to Roswell the preceding year.
Fifth, the next grant of importance was April 22, 1635, when the Council of Plymouth granted to Captain Mason "all the land between the Naumkeag River to his north and east line in the Pascataqua, extending sixty miles inland from the sea-coast, and to cross over land from the end of the sixty miles." And in the following September Gorges conveyed to Mason by deed "all that part of his territory in New Hampshire east of the Pascataqua."3
Capt. John Mason, son of John and Isabel (Steed) Mason, was born at King's Lynn, Norfolk County, England; he was baptized December 14, 1586; was a captain in the English navy, and governor of Newfoundland, where he remained six years. In 1626 treasurer and paymaster of the English armies in the war with France and Spain. Captain Mason died near the close of the year in 1635. Although he was never a resident of New Hampshire, no person seemingly ever took greater interest in its welfare.
It was supposed that he intended to become a resident of New Hampshire as he had expended a large amount of money in improvements. A settlement planted in the climate incident to New Hampshire, with the meagre protection of that day, would advance with tardy step and yield slow returns. But for all this he was enthusiastic over his New England properties, and as Dr. Whiton said "his name should be held in respectful remembrance by future generations as the 'Father of New Hampshire.'"
The charter by which the Council at Plymouth was established had been especially disliked by the Virginia Company, and they were extremely anxious that the same should be revoked; the Council was also held in disrepute by the high church party in England on account of their sympathies for, and their aid and encouragement rendered to the settlements of Plymouth and the Massachusetts colonies.
These things operating as a discouragement, the Council surrendered their charter to the King. In 1641 a union of Massachusetts with New Hampshire was made which continued until 1679, and the laws and usages of Massachusetts became those of New Hampshire.
By the terms of Captain Mason's will, executed less than a month preceding his decease, he gave his New Hampshire estate to his grandsons, John Tufton and Robert Tufton, if they would take the name of Mason; they were the children of his daughter Jane Mason, who married Joseph Tufton. John died early and Robert inherited the estate; he was the third generation of Masons, and died in 1688. Ann Mason, widow of Captain John, was executrix of the will. She sent over Francis Norton to manage the estate, but the expense was so far in excess of the income that she was obliged to relinquish the management of the plantation, and the servants shared the goods and merchandise. It is said that Norton at one time drove one hundred oxen to Boston where he sold them for 25� per head. After the abandonment of the plantation Norton moved to Boston where he became quite distinguished, and died in 1667.
For a few years nothing was done in the administration of the estate; subsequently, in 1650, Robert Tufton Mason, the surviving heir, became of age, and Joseph Mason was sent over as agent of the executrix and heir to look after the estate; he found some of the lands near the Pascataqua occupied and he brought action in the court of Norfolk. This raised a question of jurisdiction and a survey was ordered. Accordingly a company of surveyors started out with Indian guides under that jurisdiction of the Great and General Court of Massachusetts to find the north line of their province, which according to their theory must be three miles north of the head of the Merrimack River as set forth in the grant to Roswell previously mentioned.
They went up the Merrimack River to find the most northerly part thereof which the Indians told them was at Aquedochtan, the outlet of Winnipiseogee.4 They found the latitude 43o 40' 12" and as the line must be three miles north of the head of the river they added three miles making the latitude 43o 43' 12".
With equal propriety they might have pursued their journey to the headwaters of the river Pemigewasset, in the town of Lincoln, and there established their northern boundary. The surveyors marked upon a flat rock at the outlet of Winnipiseogee their initials, and the stone is now known as Endicott Rock.
Two experienced mariners were at once dispatched to the eastern shore to ascertain the same degree of latitude, which they located on an island in Casco Bay, which is known as Upper Clapboard Island. An east and west line drawn through these two points was therefore supposed to be the northern boundary of the Massachusetts patent, dated March 4, 1628, which comprehended all of Mason's and the greater part of Gorges' claim. The surveyors reported to the General court which held that some of the land belonged to Mason. The agent made no attempt to recover and soon went back to England, having remained long enough, however, to ascertain the feeling of the government and the people. He had won his case in part, and made a beginning in what proved to be a long drawn out contest.
For a better understanding of the Mason family we will here insert a brief genealogy:
Capt. John Mason1, Jane Mason Tufton2, Robert Tufton Mason3, who took the name of Mason, died in 1688 leaving two sons, Robert and John; Robert Tufton Mason4 died at sea in 1696, John Tufton Mason5 died in 1718 at Havana, leaving two sons, John Tufton Mason6 and Thomas Tufton Mason6.
When the first of the events narrated in this chapter occurred James I was King of England, and so continued until 1625 when he died, reigning twenty-two years. He was followed by his only surviving son, Charles I, who occupied the throne until 1649 when he was beheaded. He was succeeded by Oliver Cromwell and Oliver succeeded by Richard Cromwell.
The Cromwell reign terminated in 1659. Upon the termination of the Cromwell reign the House of Stuart was restored, and Charles II, eldest son of Charles I, ascended the throne, and reigned until his decease 1685, to be followed by James II, second son of Charles I, who, reigning three years, was dethroned. William III, known as William of Orange and Mary, ascended the throne to be followed by Anne, second daughter of James II, Anne reigning until 1714. The House of Hanover now takes the place of the House of Stuart and George I reigned until 1727; George II until 1760 to be followed by George III who was reigning at the time of the American Revolution.
During the protectorate of Cromwell, Mason3 could have no hope of relief since the family had all been attached to the royal cause and the colony were highly in Cromwell's favor.
Upon the accession of King Charles II, 1660, Mason3 petitions for his possessions and the King referred the matter to his attorney-general, who reported that the petitioner had a good and legal title. Here the matter rested for a while when Mason presented his claim to a commission composed of Col. Richard Nichols and three others appointed to examine and determine complaints brought against the people of Massachusetts, and Mason's3 claim came in for its share. Mason3, not gaining his point before the commission, attempted to sell his claim to the government; but not succeeding in this he again petitioned to have his property restored; his petition was referred to the attorney-general with the same reply as before, whereupon the Massachusetts Colony were required to send agents within six months to England to answer Mason's3 complaint. Edward Randolph, a kinsman of Mason's, was dispatched by the Lords of Trade to inquire into the state of the country, and he was also the bearer of the letter to the Massachusetts Colony.
In about six weeks Randolph returned to England and reported to the King very unfavorably to Massachusetts, and likewise in the same strain to the Board of Trade. In accordance with a notice, agents went to England, where in the name of the colony they disclaimed all title to lands claimed by the petitioner, and to the jurisdiction beyond three miles northward of the river Merrimack. This was virtually abandoning their case. The judges declined to determine the ownership of the soil, but it appeared that the occupants had the right in the soil, and the case was between Mason3 and them, and the court had no cognizance of the case.
In 1679 New Hampshire became a royal province after being under the jurisdiction of Massachusetts for thirty-eight years, and John Cutts of Portsmouth was appointed governor and Richard Martyn and others councillors. The commission was brought to Portsmouth by Edward Randolph, before mentioned, and was received with great reluctance by the gentlemen named therein. They were quick to perceive that they were appointed not on account of any respect to them or favor to the people, but merely to obtain a new form of government for a particular purpose which was to favor Mason.3 In the latter part of the year Mason3 arrived from England with authority to take his seat in the Council, his object to compel the people to take leases of him which they positively refused to do, and the other members of the Council sustained them. Mason3 soon got into trouble and fled to England. Governor Cutts died before the year was out.
Mason3 again applied to the King for a change in the government in New Hampshire, and one Edward Cranfield was appointed lieutenant-governor, to whom Mason3 agreed to surrender one fifth of the rents. He was reluctant to take the place, but Mason3 persuaded him, and mortgaged to him the whole province for twenty-one years as security for the payment of 150� per annum for the space of seven years.
Cranfield evidently came to America with the express purpose of bettering his fortune, as he relinquished a profitable position at home. Mason3 also came to take a seat in the Council. The people soon learned that Cranfield was closed with extraordinary powers, that both their liberty and property were in danger. He could veto the acts of the legislature, and appoint the judges.
The Assembly evidently thinking to win his favor, voted him 250� for his own use but he was Mason's3 tool still.
On the 14th of February, 1683, he called upon all the inhabitants to take leases of Mason3 then brought forty suits, one of which was against Major Waldron of Dover, who was afterwards killed by the Indians. With such a court and such a jury, Mason3 got judgment as would be expected, and executions were issued, but as Mason3 could neither keep possession nor sell, the occupants still enjoyed the premises.
Several threatened to appeal to the King but Major Vaughan alone made the experiment. To try the case it was necessary that Mason3 should go to England, but before he went, having hitherto been disappointed in recovering a part of the province upon which improvements had been made, he endeavored to recover upon his unoccupied lands.
1Provincial Papers, Vol. I, p. 18 Return
2Provincial Papers, Vol. I, p. 23. Return
3S. P., Vol. XXIX, p. 85. Return
4Belknap's History, p. 56. Return
Chapter 3
History of Goffstown
Hillsborough County
ALHN-New Hampshire
Created June 28, 2000
Copyright 2000