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Grant of the Province of New Hampshire to Mr. Mason, 22 Apr., 1635, By the Name of New Hampshire (1)

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. Back

Source:
The Federal and State Constitutions Colonial Charters, and Other Organic Laws of the States, Territories, and Colonies Now or Heretofore Forming the United States of America
Compiled and Edited Under the Act of Congress of June 30, 1906 by Francis Newton Thorpe
Washington, DC : Government Printing Office, 1909.

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