Robert Tufton assumes the name of Mason.--Petitions for his possessions.--Commission of Carr, Cartwright and Maverick.--Randolph's mission.--Massachusetts sends agents to England.--Abandons her unjust claim before the Lord Chief Justice, and is restricted to her original bounds.--Purchases Gorges'claim.--New Hampshire erected into a separate government.--Cranfleld.--He leaves his government--Mason sells "The Million Purchase."--President Dudley.--Sir Edmund Andros--He is seized and imprisoned.--Sale of Mason's claim to Allen.--The Earl of Bellomont.-Judges appointed unfavorable to Allen's claim.--They decide against him.--He appeals, appeal denied.--Petitions the King.--King dies.-Governor Dudley.--Allen enters upon the waste lands.--Allen sues Waldron--The suit decided against him.--Allen appeals.--Proposes to sell.--Dies--His son prosecutes his claim.--Judgment against him.--Appeais.--Sells one half his claim to Sir Thomas Hobby.--Dies.--The "Scotch Irish" move to Nutfie1d.--Potatoes and Linen.--Apply for a grant of land,--Refused.--Opponents obtain a grant of Chester.--Purchase of Indian title.--They obtain a grant.--Difficulty as to their line.--Emigration continues,--They move to adjacent places.--Harrytown settled by--John Riddell, John McNeil and Archibald Stark.

THUS matters remained through the protectorate of Cromwell, but when the restoration of Charles took place, Robert Tufton, at once commenced measures to wrest his inheritance from the hands of Massachusetts; yet with indifferent success. Assuming the name of Mason according to the condition of his Grandfather's will, he petitioned the king for possession of his right. His petition was received with favor and was referred to the Attorney General Sir Geoffrey Palmer, who gave his opinion that his title to the province of New Hampshire was good and legal." Here the matter rested for awhile. But in 1664, when a Commission was issued to Colonel Richard Nichols, Sir Robert Carr, George Cartwright and Samuel Maverick Esqrs., to examine and determine as to certain complaints brought against the people of Massachusetts, Mason's claim and its bounds came in for especial attention. This commission seems to have had no other effect in New Hampshire than to widen the difficulty between the adherents of Mason and those in the interest of Massachusetts, which were in fact the major part of the people.

Upon the return of the commission, without determining any thing in his favor, Mason attempted to sell his claim to the government. Not succeeding in this project, he again petitioned the king to have his property restored. His petition was referred to the Attorney General, Sir William Jones, and the Solicitor General, Sir Francis Winnington, who reported that Robert Mason "had a good and legal title to said lands." Soon after, 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 a letter citing the colony of Massachusetts to appear by agent within six months to answer the complaints preferred against them by Mason and the heirs of Gorges. Randolph's mission to the colonies was the cause of much excitement. Massachusetts and the people in her interest, treated him very cavalierly and Randdph upon his return in a report to the king and another to the Lords of Trade, animadverted very severely and with much truth upon the course pursued by Massachusetts. Upon Randolph's leaving the colonies, the government of Massachusetts, forthwith made preparations to meet the complaints made against them by Mason and the heirs of Gorges.

They found themselves in an unfortunate position. During the civil wars and the protectorate, when the affairs of the royalists were at the lowest ebb, they had seized upon the domain of Mason and Gorges under the shallow and unjustifiable pretence that it was covered by their charter. This injustice the proprietors were in no situation to meet. Of this the government of Massachusetts was well aware and she prosecuted and completed her claim with a high hand. But now the tables were turned. Mason and the heirs of Gorges were in high favor at court, and Massachusetts, more than suspected of disloyalty, was in ill favor with his Majesty and his court.

In this delemma, the special council was summoned, and it was determined to meet the complainants by agents. These agents William Stoughton and Peter Bulkley, Esqrs.,--forthwith sailed for England, with proper instructions to guide their conduct in the affair. The hearing was had before the Lord Chief Justice of the King's Bench, and the agents of Massachusetts, in the name of the colony, at once abandoned their unjust claim, by claiming to hold by their charter no lands beyond a line three miles north of the Merrimack, to follow the river as far as it extended. This was virtually abandoning their whole case, and it left Mason and the heirs of Gorges without matter of complaint for the future. This position of the agents left but little for the Judges to determine upon as to New Hampshire; they reported however to the King, restricting Massachusetts to her original bounds and that the four towns of Portsmouth, Dover, Exeter and Hampton, were out of the bounds of Massachusetts." In this position of affairs, Massachusetts, through an agent, purchased the interest of Gorges' heirs in Maine, and thus obtained possession of the soil. It is not a little strange that she had not pursued the same policy as to Mason's interest in New Hampshire. Had she pursued that reasonable policy then, or afterwards, much of legislation, expense and acrimony might have been prevented.

New Hampshire was forthwith detached from Massachusetts and made into a separate government, mainly for the purpose of establishing courts, in which Mason might legally recover possession of his inheritance. A President and Council were appointed by royal commission for the government of the province. But the officers assumed the government with reluctance, the people being universally opposed to Mason's claim. Before issuing the commission for a new form of government, the King had obliged Mason to agree under hand and seal to demand no rents of the people in possession of lands, for time past, and to quit claim to them and their heirs provided they would pay to him a sixpence on the pound of the value of houses they had and lands they had improved. But when in the last of the year 1750, Mason came into the province, the most of the people refused to take leases from him of these lands. Much of exasperation and excitement followed, till at length Mason was obliged to leave the country. Arrived in England, he had the address and influence to procure from the King a change of the form of government, and Edward Cranfield, Esq. was appointed and duly commissioned Lieutenant Governor and Commander-in-Chief of New Hampshire. To bring about this change in his favor, Mason surrendered one fifth of all quit rents to the King that had, or might accrue to him from his demanded possessions, and by another deed, mortgaged to Cranfleld his entire possessions in New Hampshire, to secure to him, for the term of seven years, the annual payment of one hundred and fifty pounds. Cranfield arrived and published his commission on the fourth day of October, 1682. The government was organized forthwith. Courts were established and suits were brought by Mason against the principal inhabitants to recover lands in their possession. Judgments were rendered against the defendants in the most expeditious and summary manner, for possession and costs. Some claimed appeal to the King, while others acquiesced in the decisions of the courts.

The emissaries of Massachusetts were not idle, and soon the colony was in the greatest excitement and confusion; the result of the whole matter was, that Cranfield was obliged to leave his government in a clandestine manner, and Mason's interests were rather retarded than forwarded by this second government formed for his relief. Cranfield's course as Governor cannot be justified. He was disappointed, became exasperated, and carried his measures with a high hand; but still sinning, he was sinned against. He was surrounded by enemies, as a large majority of the land holders were opposed to him and his government. But his most formidable enemy was Massachusetts, and although great pains seem to have been taken to cover up the designs and macchinations of that colony, yet sufficient facts have transpired and such documents have been preserved, as to show that in all the leading measures concocted and carried out against Cranfield and his government, Massachusetts was a good deal more than a disinterested spectator.

Finding that he could accomplish nothing with the courts in New Hampshire, Mason sold his claim to a large tract of land in the valley of the Merrimack, to a company of men in Massachusetts, stipulating for an annual rent of ten shillings for himself and heirs. This tract of land had already been purchased of the Indians by this company, extended in width three miles on each side of the Merrimack, in length from the mouth of the Souhegan to Lake Winnepesaukee and was known as the "Million Purchase." This purchase included the ancient "Namaoskeag" as well as the grant to Passaconnaway and was the second sale by the Indians of their birthright in this neighborhood. Mason by this sale, thought to secure the acknowledgment of his claim on the part of the owners of the soil. But in this matter he was mistaken, as the sequel will show. Soon after, Mason returned to England when another form of government was determined upon for the colonies of New England. The whole were to he united and put under the control of a Governor General. Accordingly, to smooth the way for such a measure, a commission was issued appointing Joseph Dudley, Esq., President of New England, with a Deputy President and fifteen Councillors. The new government went into operation May 25, 1686. The territory embraced in this commission, comprised Massachusetts, New Hampshire, Maine and Narraganset Province. On the 10th of June, 1686, an order was issued by the President, organizing the Courts at Law. Massachusetts was divided into four Counties; Suffolk, Middlesex, Essex and Hampshire; while Maine and New Hampshire were recognized as Provinces, and courts established in each, with the right of appeal to the Supreme Court holden annually at Boston. This order of President Dudley was issued under "the great seal," thus¹

Namaoskeag and in fact the whole valley of the Merrimack north of the Pawtucket, including The Million Purchase, as being west of a "line three miles north of the Merrimack as the river runs," came within the jurisdiction of Massachusetts, and was a part of the County of Middlesex.

But the new government had hardly been organized, before Sir Edmund Andros arrived at Boston with a commission as Captain General and Governor-in-Chief of "the territory and domaine of New England." It is probable that Mason had very little to do in bringing about the new form of government. If he had, the officers of the new government proved not his friends, and his interests suffered under their administration. In fact, Graham, the Attorney General gave an oppinion adverse to his right to grant his lands by lease and the courts would not grant him executions on his judgments already recovered. However, President Dudley ordered his causes to be removed before the Supreme Court at Boston, but before the time of the session, Mason himself was removed by death. Upon news of the revolution in England, Andros was seized and imprisoned by the people of Boston, and afterwards was sent with his principal officers to England. The government in Massachusetts was administered by a "Committee of Safety," till orders came from England. This "Council of Safety" may be considered as the prototype of the "Committee of Safety" so prevalent and effective in the revolution a century afterwards. The subversion of Andros' government left New Hampshire again in disorder. Soon, however, a convention was called, and at a second sesssion, it was voted to unite with Massachusetts. The union was consummated and continued for three years.

Meanwhile, April 27,1691, John and Robert Mason, the sons and heirs of their father Robert Mason, sold their claim to lands in New Hampshire, to Mr. Samuel Allen, a Merchant of London, for the sum of seven hundred and fifty pounds. Allen was appointed Governor of the Province, and his son-in-law John Usher of Boston, Lieutenant Governor, with a council mostly favorable to his claim. Governor Allen continued in England, entrusting the administration of the government to Usher for several years. This was impolitic, as Usher was unpopular and overbearing, and his conduct produced much feeling against the proprietor. At length, in 1797, the Earl of Bellomont was am pointed to the government of New York, Massachusetts and New Hampshire. But he not comming eastward to assume the government, and the difficulties in New Hampshire remaining, --Governor Allen came over in 1698, and in August of that year commenced the exercise of his office. But Governor Allen's administration gave no better satisfaction, as he was supposed to be under the influence of Usher. The difficulty however was back of this fact; Allen was proprietor of Mason's claim, and it is fair to presume from a history of the whole controversy, that however just Governor Allen might have been in the administration of the government, he could not have satisfied a party opposed to his personal interests and determined to be pleased with nothing he should do or recommend.

In July, 1699, the Earl of Bellomont came into New Hampshire and assumed the government of the province under his commission. The new government was immediately organized and the leading opposers of the Masonian claim were appointed to the important offices. A majority of the Justices of the Superior and Inferior Courts were men, who at some stage of the controversy, had been parties in Mason's legal proceedings for the recovery of his estate. Of course Allen had little prospect of success under this government. He, however, brought a suit against Chief Justice Waldron, which was tried before the Province courts and decided in favor of the defendant. Allen then claimed an appeal, but the court refused to allow it. He then petitioned the King for redress--who granted his appeal by an order in council. Meantime, March 5, 1701, the Earl of Bellomont died at New York, leaving New Hampshire under the executive management of William Partridge, Esq., Lieut. Governor. The following year King William dying, his successor Queen Anne, commissioned Joseph Dudley, Esq. as Governor of Massachusetts and New Hampshire. During this time Allen's suit had made no progress, but more important affairs being arranged, his appeal came on before the queen in council, when Waldron had his judgment affirmed, owing to the neglect of Allen's attorney. At the same time however, Allen had petitioned the queen to be put in possession of the waste lands of his claim, and upon that petition, the Attorney General had reported that Allen's claim was good and legal to all the lands unenclosed and unoccupied--and that he might enter and take possession of them. Allen accordingly, in December, 1703, entered upon the waste lands in every township and took possession of them "by twig and turf." This done, by permission of the queen and order in council, he brought another writ of ejectment against Waldron, and the result of this action, was a verdict for the defendant and for the costs. Allen again appealed, but worn with continual vexation, he proposed a settlement to the people of the province, and negotiations for so desirable a result were now entered upon with every prospect of success,--but were prevented by the sudden death of Mr. Allen on the 5th of May, 1705. He left a son and three daughters as heirs of his estate and controversy. His son, Thomas Allen, resided in London, and forthwith resumed the controversy to recover his estate. Upon petition to the queen, he had leave to bring a new suit of ejectment against Waldron. This was tried in the Inferior Court and the defendant obtained a verdict. It was then carried by appeal to the Supreme Court. Here after a full hearing the judgment of the Lower Court was affirmed. Allen appealed, and gave bonds to prosecute the same, but a hearing was postponed by the ministry on account of the war, and finally was prevented by the death of Allen in 1715. The controversy was now in a worse situation, if possible than ever. Thomas Allen, had sold one half of his claim to Sir Charles Hobby,--Usher claimed by mortgage from Governor Samuel Allen, and was constantly endeavoring to sell lands to settlers, and thus Usher, the guardian of the heirs of Thomas Allen, the son of Sir Charles Hobby, and the administrator of his estate for the benefit of his creditors, were at one and the same time claimants for the soil of the province. The heirs of Allen however, never prosecuted the claim,--while John Hobby the heir of Sir Charles, petitioning the Assembly to purchase his claim, was treated with inattention. The waste lands however in New Hampshire had been conceded as belonging to Mason and his heirs and assigns, and Allen had taken possession of them. This fact prevented any extension of settlements in the colony. Allen claimed the whole and would not sell a part, and hence there was no effort to make new settlements. True, Usher made repeated attempts to induce settlers to purchase of him, but with no success, as his title was considered doubtful. Under such circumstances, the colony remained weak and possessed little of energy or enterprise. Such a state of things had principally been brought about by the encroachments of Massachusetts and the unfortunate Masonian controversy.

But a better day was at hand. In 1718, a colony of Scotch Presbyterians from the north of Ireland landed at Boston in pursuit of a home. Tired of the rents and tythes of King William as well as the illiberal exactions and persecutions of the English Church, these Presbyterians had come to America to find an asylum, where they could enjoy greater freedom both of person and conscience. They were a hardy, industrious race of men. Persevering and adventurous, they were just the men to commence a new settlement. Having heard of the lands upon the Merrimack, they soon turned their attention towards them, and hearing a good report of an unsettled tract north of that river, known as "Nutfield" or the "Chesnut Country," they determined to obtain a grant there if possible. Accordingly in the spring of 1719, having left their families at Haverhill, sixteen of these hardy "Scotch Irish" went upon the land and commenced their settlement by erecting some log huts "upon West-running Brook,"--a stream that empties into Beaver River. Here they soon gathered their families and commenced their clearings. Their first care was to plant their potatoes the seed for which they had brought from Ireland, and then next to sow their flax-seed, that their wives might have employment for their linen wheels which they had also brought from Ireland. Thus was introduced into New England the growing of potatoes and the manufacture of linen. Understanding that the lands upon which they were settled were within the jurisdiction of New Hampshire, they applied to Governor Shute for a grant, but were refused. Their history and character were not understood. It was supposed they were Irishmen and Catholics, hence certain men, to prevent their obtaining a grant had anticipated these Irish Presbyterians, and petitioned the Governor for a part of the "Chesnut Country" which they had already in possession, having placed three of their number upon the land in question for that purpose. They claimed a tract of land ten miles square, which they called "Cheshire" or Chester. The "Chesnut Country" was a name applied to all that tract of land lying betwixt Exetex and Kingston on the east, Massachusetts on the south, and the Merrimack on the west, from the abundance of chesnuts found upon some parts of it.

The knowledge of the country on the part of the petitioners was so indefinite, that they supposed a township of ten miles square would cover all the "Chesnut Country" and thus preclude the Irish emigrants,--but in this they were mistaken. The petitioners being well known citizens were successful in their application, and a township ten miles square was granted them, August 26, 1720. This grant included near one half of the present city of Manchester, and was the second grant of any portion of the land embraced in the limits of the city of Manchester; the first having been made to Passaconnaway in 1663, as already shown. When the township was laid out, taking in the good lands occupied by them, a large tract remained between the south line and Massachusetts, and the Irish settlement at "Nuttfield" was left undisturbed. Meantime these emigrants had not been idle. Desirous of getting a title to the land upon which they had settled, they applied successively to Massachusetts and the agent of Allen for a title, but were told that the lands were in controversy, and they could give no title. They then applied to Mr. John Wheelwright of Wells, who held the title of the lands in question from his grandfather, the Rev. John Wheelwright, to whom they had been conveyed by Passaconnaway and other Sagamons in 1629. From him they obtained a deed bearing date October 20,1719, which they considered as valid in a moral point of view. The tract was described as follows, viz;

"A certain tract of Land, bounded as followeth, not exceeding the quantity of ten miles square: beginning at a pine-tree, marked, which is ye south-west corner of Cheshire, and running to ye north-west corner of ye said Cheshire, and from ye north-west corner, running upon a due west line unto the River Merrymack, and down the River Merrymack, until it meets with ye line of Dunstable, and then running eastward upon Dunstable line, until it meet with ye line of Dracut, and continuing eastward upon Dracut line, until it meet with ye line of Haverhill, and Extending northward upon Haverhill line, untill it meet with ye line of Cheshire, and then running westward upon ye syd Line of Cheshire, unto the pine-tree first mentioned, where it began."²

At this time their numbers had greatly increased, as the grantees in this deed were Mr. James McGregore, Samuel Graves, David Cargill, James McKeen, James Greg, and one hundred more mentioned in a list."³ These grantees, with their families, constituted a respectable colony, both in numbers and influence, and this fact the government of New Hampshire were not long in discovering as, although they had refused to grant them a township of land, they extended to them the protection of the laws, and appointed a justice of the Peace and a sheriff of their number. After the prayer of the petitioners for a grant of the "Chestnut Country" had been answered by the grant of Chester in 1720, farther objection came with an ill grace from them, as they had obtained what they had asked, if they had not gained their ulterior object.--So that the emigrants still pressing their claims for a grant, one was made them in 1722, embracing a tract ten miles uquare. The bounds mentioned in this grant were as follows:--

"All that Tract of Land within the following bounds, being ten miles square, or so much as amounts to ten miles square, and no more: Beginning on the north-east angle at a beach Tree, marked, which is the south-east angle of Chester, and running from thence due south, on Kingston line four miles and a half; and from thence, on a west line, one mile and three quarters; and from thence south, six miles and a half; and from thence west-north-west, nine miles and a half; and from thence north, eleven miles and a half; from thence north-north east three miles; from thence, east-south-east, one mile; and from thence south-south-west, to the south-west angle, of Chester, and from thence, on an east-south-east line, bounding on Chester, ten miles, unto the Beach tree first mentioned."

The form was very irregular, embracing a strip of land extending from the north-west corner of the main body of the township, a mile in width, and three miles in length. This was intended to cover the gore of land between Chester and the Merrimack River, and to secure the fisheries at Namaoskeag which were covered by their deed from Mr. Wheelwright. But some misapprehension as to the course of the river, or mistake in the original survey, thwarted their design; for upon laying out their township according to the bounds and courses laid down in the grant, the projection or tongue of land that extended three miles north-north-east up the Merrimack, interfered with the westerly line of Chester, and as Chester had been previously granted, her line held good and cut off one half of this strip of land, granted to the proprietors of Londonderry. It is difficult to perceive at this time, how any "chaining according to quantity and quality" even, could have brought this strip of land within their grant, which was to have been "ten miles square, or so much as amounts to ten miles square and no more," as they had their ten miles square, as subsequent surveys have shown, long before they came to this strip of land, or crossed Cohas Brook even. But their anxiety to secure the fishing grounds at Namoskeag, as well as their actual want of knowledge as to the nature and position of the lands granted them, led to mistakes as to the course of their north-west line and the quantity of land included within the bounds named in their grant. These mistakes have proved a source of difficulty and litigation for more than a century and a quarter, and the end thereof is not yet.

This was the third grant of land within the present limits of the city of Manchester.

The colony thus established, had a most important bearing upon the interests and character of our State. Emigration still continuing to the little colony, the new comers, if they could not make satisfactory purchases from their friends and predecessors in Londonderry, seated themselves in the adjacent towns, or upon the ungranted lands in the immediate neighborhood. Thus many of them moved into that part of Chester nearest to the Merrimack and north of "Cohas Brook;" others moved to the adjoining township of Dunstable, that part of it known as "Brenton's Farm" now Litchfield; others passed over the Merrimack and settled upon that part of Namoskeag afterwards known as "Souhegan East" or "Narragansett No.5" subsequently as Bedford, and now in part constituting a portion of the city of Manchester and still others, important in character, if not in numbers, settled upon the strip of land upon the bank of the Merrimack, lying along the Namoskeag Falls, and which the proprietors of Londonderry had failed to secure within their grant. This tract, in width two miles in no place, but some eight miles in length, extending from Brenton's Farm, now Litchfield, to that part of Chester now known as Hooksett, was called Harrytown, or at least that part of it adjacent to the Falls.

But this emigration from Londonderry did not take place until the close of "Lovewell's War."

¹See files in Secretary's Office, N.H. Return
²See Records in County of Rockingham. Return
³See Records in County of Rockingham. Return

                       

Chapter 7
History of Manchester
Hillsborough County
ALHN-New Hampshire
Created October 9, 2000
Copyright 2000