of the heirs of Gorges and Rigby."* A more unjust and tyrannical act never was perpetrated upon this continent than this same usurpation by the Colony of Massachusetts of the Provinces of New Hampshire and Maine. It is equalled only by their seizure of the possessions of Gorton in Rhode Island, and neither act was supported by the least shadow of justice, and each, must ever remain a blot upon the moral and political character of the Puritans, without palliation or excuse. CHAPTER VII. 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.-Cranfield.--IIo 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.-Appeals. -Sells one half his claim to Sir Thomas Hobby.-Dies.-The "Scotch Irish' move to Nutfield.-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 * Folsom's Saco and Biddeford, pg. 1. 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 clann 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 Randolph 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 con duct 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 1780, 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 Cranfield 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 estab lished 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 spec tator. 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 colonics of New England. The whole were to be 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," thus * |