Grants, cleared and settled in every five Years, from the date of the Grant, they were like the other granted shares forfeited, and of course they revert to his Majesty, to be regranted to such of his Subjects, as shou'd settle and cultivate the same. And neither Mr Livius or any other Person, will say there was any, (the least) improvement, or one Tenant upon any one of the said 500 Acres, within this Province, unless upon one or two, which the late Governor exchanged with some other Grantees; neither did he ever pay any part of the Charges, that attended the Settlement of any of the said Townships: so that the late Governor's Devisee, has no just cause of complaint, being treated as all other Grantees have been, agreably to the condition & reservation in the Charters, of his own signing and his own exacting, from other Grantees — As it plainly appeared to the Council, that the res ervations in the late Governor's Grants of 500 Acres to himself, cou'd not convey any Fee or right in those reservations to himself, or any other Person, but that those 500 Acres still remained the Fee of the Crown, it was unnecessary to hear Council on that point.

Mr Livius in the third Article of his Memorial asserts, that in the begining of March 1771, the present Governor proposed to his Coun cil, to advise and consent to the granting to himself, but thro other Persons, all the Lands, which had been as aforesaid granted to his Predecessor, alledging, that the former Grants being made immediately to the late Governor, were void, and the Lands remained as if no Grant had ever been made of them, and that at a subsequent day it was voted as the Governor desired, which is in fact false, for after some conversation upon the matter, the Question proposed to the Council was to this effect, "Whether the reservations to the late Governor in the Charters, did convey the Title to him" upon which some Members of the Council desired time to consider of it, and accordingly the meeting of the Council was appointed, on the 19th of March, when they did vote upon the above Question in the negative; and did advise the granting the same, to such of his Majesty's Subjects as would settle and cultivate the same. And we believe it may be asserted, that his Excellency owns not one Acre of the said Lands, not any Record appearing thereof, without which by a Law of this Province, the Fee cannot be effectually vested in the Grantee.

In the fourth Article Mr Levius complains in General Terms, that he had been very injuriously treated, and at one time received much personal abuse from the Governor, but as he mentions no particular Time when, or place where, nor any particulars of what was said or done, Your Memorialists can only say, that they never perceived, or heard, any Affront or personal Abuse offered him by the Governor, unless the Governor's telling him, that his reasons in his dissent were

not true, could be construed an abuse, when the Governor's assertion was true; And we know of no abuse, at any time offered to Mr Livius by the Council, while they were siting

In the sixth Article of the Memorial he says, he thought to have further proved several of the Facts abovementioned, by refering Your Lordships, to the Copy of the Journal of the Council; but to his great surprize, he finds that the Governor, the better to keep out of sight, the practices of himself and his Council, had even ventured to disobey &c

Your Lordships have the Copy of the transactions of the Council, ever since the appointment of our present Governor, and if your Lordships shou'd condescend, to let Mr Livius when he pleases, have the perusal of them, 'tis odds but he will daily surprize your Lordships, with Complaints, containing as much veracity, and of as much consequence, as the above: We are told by the Secretary, that the late Governor for sundry Years before his death, did not forward Copies of the Councils Journal, and that we suppose the reason, the present Governor omitted it. This part of the Charge, the Governor will doubtless inform yr Lordships of, but that such omission, was to keep out of sight, any male practice, is utterly false: and we perswade ourselves, that your Lordships upon perusing the said Journal, will find no Traces of any thing like Mr Livius's Suggestion: As the Memorialist in his Obloquy is so general, your Lordships will pardon us, if we descend into some particulars, in vindication of our injured Honor, and Loyalty. It is with pleasure we reflect, upon the increase of his Majesty's Province of New Hampshire, for five or six Years last past in Inhabitants, and cultivation, arising "in a great degree from the benefit accruing from the administration of our present Governor, who has been aided and assisted by us, (as far as in us lay) in his Measures, ever conducive to the welfare of the People, and the real benefit of the Crown - The Peace, Quiet, & Loyalty of the People of this Province, plainly evince (if we may be allowed to express it,) that his Majesty's Council of this Province, have not been negligent, of the Interests of the Crown, or the real Liberties of the People And we conceive one part of Mr Livius's charge against us, is for our just attachment to the King's Prerogative, and our Loyalty to the Crown, in the Instance respecting the Powder Money

In every Case that has been before us, far from promoting any Family interest or Connection, that scarcely a Case has arisen where it was concern'd

In those Cases where we have sat & judged as a Court of Appeals, where any Family Interest could with any Shadow of justice be supposed so far from promoting it, we from real conviction have given

our judgment directly against it. In one Case we upon examination found less due, than two Juries had given: in another, we determined directly (so apprehending the Law,) against the President of this Board

Mr Livius appears to be chagrined, and complains of it as a fault, that the Council is filled up with what he calls his (the Governor's) Relations, but if Mr Livius recollects, those Members appointed & sworn in since the Governor's arrival into the Province, are under no Family connection whatever Mr Rogers excepted

Mr Livius's conduct during the time of the Stamp Act, we think will unfit him for the Complaint of disloyalty.

We defy him or any other Person, to point out any circumstance, which will prove or in any respect indicate, any combination to establish a System of injustice, as he falsely suggests, or any one instance, of any alteration of the Council Records, or bare intention of such an Act, as he would insinuate; neither can we imagine there cou'd be any motives existing for such Conduct, even were we not bound by oath, to truth & faithfulness in all our proceedings, which Mr Livius in his Memorial, upon his bare word unworthily, and wickedly insinuates, we have sacrificed to partial Interests

These imputations we humbly conceive, are highly injurious to us, and not less detrimental to his Majesty's Service in this Province, tending to alienate and disquiet the Minds of the People, to annihilate that confidence and respect necessary to Government, and which we think is due to us, both in our Charecter and Conduct, and by circulating such suppositious Complaints, to disseminate a most reprehensible Spirit of abuse, which this Province has hitherto happily escaped

Events so replete with licencious Mischiefs, so destructive to legal Subordination, and so utterly inconsistent with justice, truth and policy, that we cannot but Flatter Ourselves, the attemps and their worthy Author in this Case, will meet condign Contempt due to such unjustifiable pursuits

We would submit these considerations to your Lordships Wisdom, and doubt not but your Lordships, will conceive of us and our proceedings, as equity and justice shall require: As we have conducted upon those principles, we desire to be justified by them alone, and in consequence thereof, to stand unimpeached to the World, & approved by your Lordships

Theodore Atkinson
D' Warner

Jonathan Warner

Daniel Rindge

Portsmouth New Hampshire 26th December 1772.

Daniel Peirce

[6-31]

[Letter Accompanying the Memorial.]

Portsmo New Hamp1 Dec 28. 1772

Sir. The inclosed Sheets contain a Memorial signed by Seven of his Majesty's Council of this Province, to be laid before the Right Honble the Lords Commissioners of Trade & Plantations

The end proposed by this Step, is to wipe off some gross aspersions, which Mr Livius one of the Council, in a Memorial &c lately laid before their Lordships, has in the most illiberal Manner, cast upon the Governor and Council, asserting that they had been guilty of much male administration, in executing the trust his Majesty had reposed in them, by their several Appointments

You'll observe, that the number of his Majesty's Council now in this Country is ten, seven of which have signed the inclosed Memorial, the other three are viz' Mark Hunking Wentworth, Peter Gilman, and Thos Westbrook Waldron Esqrs Mr Wentworth (The Governor's Father) seldom attends the Council, and was not present when any of the Affairs complained of, were under the Councils consideration, and Messrs Gilman and Waldron were admitted to a Seat at the Board, since the last Article in the Complaint.

Mr Livius did not leave this Country in the most honorable way, he went off incog:, few if any knew of his design'd departure, perhaps not more than three or four if so many: No sooner did he arrive in London, but he began his wonted practice, where his absence. forced him to leave off here, and with the news of his Arrival, we receiv'd a Copy of his infamous Memorial, which if read by a Stranger (that would possibly be induced to believe his assertions) would think this Government composed of the most abandoned Wretches on the Globe, for in the conclusion of his Memorial he says thus, "That upon considering the whole of the Governor's conduct there appears to have been formed a deep laid System of injustice" &c Now in all this Complaint, he does not pretend, that he suffered the least injury, either in his Person, his Charecter, or Estate, therefore upon his own Account, he could have no right of Complaint, and no other Person here ever did complain, and we can assure you, he has not directly or indirectly, any Power, or instructions, from any other Person, but all this arises out of his own troublesome inclination. In this proceedure, he has not as the Proverb goes, been "fishing in troubled Waters", but troubling Waters that were in themselves clear. He has not agreable to their Lordships directions, appeared in person, nor has he substituted any one in his room, to examine the Records, swear evidences &c, & nobody here after the strictest inquiry, is authorised to appear in that behalf

Upon the whole You'll Please to Enter the Inclosed at the Plantation office wether Mr Levius Should or should not withdraw his Complt & desert his Cause which is left to your Prudent Determination

I am S with the greatest respect & in behalf of & at the request of the Memorialists

Your most Obliged & Most Obedient Humble Serv Barlow Trecothick Esq Theodore Atkinson

Portsm° N. H Decemb' 30-1772

S The enclosed is a Memoral executed by 7 of his Majtys Council of this Province at the request of the Memorialist I beg your perusal & if in your way your assistance in forwarding a hearing before the Lords of Trade youl See it is rather an Answer to the Memorial of Mr Levius (who in a Very Secret Man' left this Country) than to ask any new Favour or to Commence a Compl-I must beg leave to referr you to Mr Levius's Memorial lodged in the Plant" office for a Sight of it as also to Mr Trecothick for Perusal of the directions Sent him relating the Premisses Mr McDonough now in England has Evidences we Suppose sufficient to Support the Hon' Integrity & Loyalty of both Gov & Council which he will also Shew you and as you Are one of the Council here we give you this Trouble & hope Your Assistance in the Premisses I am at the request of the Memorialists & with humble Esteem

To Paul Wentworth Esq

Your most obedt Humble Serv

TA Copy

[6-32]

[A Fragment.]

His Excellency asked the Council if they had come to Any Determination or had formed any replycation to the reasons offered by M2 Leviuss for his Dessent from the resolve of the Council of the 17th of March last relative to the 500 Acre Lotts of Land reserved by the Late Govern' in the Several Patent or Grants of his Majestys Land in this Province &ca

They answered they had not-because upon reading Mr Leviuss Preface to his reasons & in which he pretends to have recited the Question put by yr Excellency to the Council and their answer thereto he has so mutilated the Questions & so prevaricated in rehearsing the Councils answer or resolves that not any Person by reading them — can discover any Lawdable reason for his so amusing himself we would therefore recomend that a Copy of the Journal of Council of