Province of New Hampshire.

A PROCLAMATION.

Whereas several soldiers under the command of Capt. Samuel Chisley, upon the present Expedition, hath deserted her Majesty's service by running away from their Colours ;

These are therefore to make known to all and every such deserters, that if they do render themselves in two days time to any of her Majesty's Council in her Majesty's Province of New Hampshire, or at the house of Mr. Pepperell, over against the Great Island, soe as to goe on board of Capt. Blew, in order to return to the Camp, they will have his Excellency's the Governour's favour, and be acquitted of Corporal punishment; otherwise they will be proceeded against with the utmost severity of Law.

Given at the Council Chamber, at Portsmouth, the 23d July, in the sixth year of her Majesty's Reign, that is now over England, &c. Anno Domini, 1707.

Per order of the Council.

CHAS. STORY,
Secretary.

[P. 200.]

Ordered, that the Secretary write to the several Captains of the several Towns that they make known to any of Captain Chesley's men that are deserted, that if they shall within two days render themselves to some of her Majesty's Council within her Majesty's Province of New Hampshire, or at the house of Mr. Pepperell's over against the Great Island, soe as to goe on board of Captain Blew, in order to return to the Camp, they will have the Governour's favour, and be acquitted of Corporal punishment: otherwise they will be proceeded against to the utmost severity of the Law.

Ordered, that the Secretary write to Major Smith, that there be a strict watch kept at Sandy Beach, as was formerly, there being more than ordinary expectation of danger.

Letter from Gov. Dudley.

Boston, July 28th, 1707. Upon the Report of the Gentlemen of the Council, annexed, referring to the fees to the Capt. and Gunner of the Fort at New

Castle; I do hereby strictly command that there be eighteen pence, and noe more taken as fees from vessels passing, for the whole fees of the two officers abovesaid, which shall be directed and divided between the said officers, upon a hearing between them; as the said officers will answer that default at their peril: And the Secretary is hereby directed to give a Copy of this Order to the Commanding officer at the Fort, and to acquainte all persons concerned herewith, and to enter the whole proceeding in the Council Book, to be of Record there.

Given under my hand.

J. DUDLEY.

Trial before the Superior Court of Judicature, of the Province of New Hampshire.

ALLEN vs. WALDRON.

August 12th 1707.

[In the History of New Hampshire (Farm. Belk. pp. 158-166), Dr. Belknap has given a succinct account of the great trial of Title to lands in the Province of New Hampshire, which was commenced in the Action, Mason vs. WALDRON, 1683; renewed from time to time, and finally terminated before the Superior Court, ALLEN vs. WALDRON, in August, 1707. All the papers, with the course of proceedings in the Courts, were placed on file in the Clerk's office at Exeter, where they have been carefully preserved. Through the courtesy of Charles G. Connor, Esq., Clerk of the present Supreme Judicial Court for the First District, the Editor has been permitted to take copies of the aforesaid papers. They are deemed of so much importance in the history of the State as to justify and require publication in full.

In transcribing these papers, the Editor has followed the order in which they are filed, endorsed and numbered, in the following "Memoranda." The copy of each paper is meant to be exact. Some of the Nos., as will be seen, are referred to as already in print, and accessible. The "Bond for Appeale," No. 44, does not appear on file. If entered into as required by the Court, "in the sum of two hundred pounds," the prosecution was not carried out for, as Dr. Belknap says, "The loyalty of the people, and the distresses under which they labored by reason of the War, prevailed on the Queen's ministry to suspend a final decision; and before the Appeal could be heard, Allen's death, which happened in 1715, put an end to the suit, which his heirs, being minors, did not renew."

It will be observed that during the twenty-four years, 1683 to 1707, in which this action was in Court, the parties were entirely changed. Robert Mason, who commenced the action against Col. Richard Waldron, sen., of Dover, died in 1688. Waldron was killed by the Indians in June, 1689. The heirs of Robert, viz., John and Robert Tufton Mason, sold their right and interest to Samuel Allen, afterwards Governor of New Hampshire, in 1691. Allen renewed the suit against Richard Waldron, Esq., son of Col. Richard, deceased, but died suddenly in 1705. Then Thomas, of London, son of Samuel, took up the suit, and through his mother, Mrs. Elisabeth Allen of Hampton, as Attorney, carried it on till the decision was made, in 1707.-ED.]

Memo. Case between Tho. Allen, Esq. & Richard Waldron, Esq. tryed in her Majesty's Superiour Court, Aug. 1707.

The Venire and Return.

No. 1. Several Suits of the Inferior Court, Writ, Ejectment, &c. 2. Jury's Verdicts, Appeal, Bond, &c.

3. Reasons of Appeal.

4. Answers.

5. Patent from King James ye First, to ye Councill of Plymouth.

6. Grant from Council Plymouth to Capt. John Mason, 1629. 7. Do.

66

66

8. Accott. of men, stores, &c. left by Mason's Agent.

9. Evidences, viz.

Geo. Walton,

Nath Boulter & Jno. Redman,

Francis Small.

10. Langster & Palmer's Evidences.

11. Major Pike's Evidence.

12. Mason's Will, 1635.

13. Sir Jeffrey Palmer's opinion.

14. Sir Jones & Winnington's Rep.

15. Writ against Waldron, 1683.

1635.

James Emery,

Henry Langster & Tho. Roberts,

Tho. Roberts,

Jno. Tuttle & Tho. Roberts.

21. Her Majes' & Council's Order to find Specially, 1706.

22. Queen's affirming the Judgmt, 1702.

23. Tho. Allen's Letter Attorney.

24. Records from Cler. Sup' Court in Boston about Mason & Gorge, &c.

25. Queen's Letter, 1703, to the Gover.

26. Record from Sec. Story.

27. Pt of Gov. Cranfield's Commission.

28. His Maj's Letter, 1680.

29. Records from Sec. Story.

30. Repealing 2 Acts, 1703.

31. Records from Mr. Chamberlain with his Certificate abo the ?

32. Several Oaths about Mr. Allen's Possessing the Waste Lands, &c.

33. Letter from the Lds 1685, about Vaughan, &c.

34. Edd Northey's Reports.

35. Allen's Council move that the Jury find specially.

36. Indian Deed, 1629.

37. Geo. Vaughan's Rect.

38. Samp. Sheafe's Evidence.

39. Allen's Council motion for a special verdict.

40. The fine &c. aga Tufton Masons.

41. The Recovery, &c.

42. Jury's charge &c. & Verdict, Judgm1, &c.

43. Bill Costs.

44. Bond for Appeale.

No. I.

Several suits of the Inferior Court, Writ, Ejectment, &c. Province of New Hampshire.

Att her majesties Inferior Court of Common Pleas, held at Portsmouth, the 5th Xber, 1706, being the first Thursday,

Prsent

RICH'D WALDRON, HEN: Dow, THEO. ATKINSON & WINTHROP HILTON, Esqs. Justices:

The Court called & opened.

...

A wryt of Ejectment, of Jervis Ring, Cont' Geo. Walton, being Enterd, Its ordered & by . . . Attornies, according to Rool of Court, annexed to the wryt, Mr. James Menzies, for Plt & Mr. Chas. Story, Attor for deft, and That Thomas Allen, Esq. bee pl in the room of Jervis Ring. and Rich Waldron, Esq. in ye room or stead of Geo. Walton.

The Case continued to the next Court. Vera Copia, Pr. Curm. HENRY PENNY, CF.

Pro. of New hampshire:

Att an Inferiour Court of Common Please held at Portsm° wthin & for sd Prov. the 5th day of december, 1706, being the first Thursday in decemb":"

Jervis Ring, pl. vers. Geo. Walton, deft.

ORDER OF COURT.

It is ordered by the assent of the Attornies of both parties, That Rich Waldron, Esq. Tennent of ye Lands & Tennements, in question, to be made deft in the stead of Geo. Walton, the now deft and ytt Tho. Allen of London In the Kingdom of England, Esq. son & heir of Sam. Allen, late of New Castle, in the Pro. of New hampshire, Esq. dec. be made pl' in the stead of Jervis Ring, the now deft, and the sd Rich Waldron imedeately appeare at the suet of the sd Tho. Allen, pl. and . . . . Bayle & receive a decliration in plea of Trespass & Ejectment, & plead thereto * * * (not Guilty.) And that upon Tryall of ye Issue, he acknowlidg Lease, Entry, *** And Insist upon ye Title only, otherwise that Judgmt be entered for the now pl' Jarvis Ring, against ye now deft Geo. Walton, by default. And if the sa Rich Waldron upon the Tryall of the sd Issue shall not acknowlidge Lease, *** Ouster, by reason thereof the plt his sd Bill against ye sd Richd Waldron, * any further prosecute, then no coste to be adjudged upon such now *** the sa Rich Waldron to pay ye plt such Cost as shall be taxed by the Court. It is further ordered, ytt if upon the Tryall of the Issue, a verdict shall be rendered for the sa Richd Waldron, or y't it shall happen, ytt the plt shall not pros*** for any

This paper is much mutilated and partly illegible.