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1 Feb. Law Officers Entry Book, v. 1, p. 39. |
800. Earl of Halifax to the Attorney and Solicitor
General. |
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Writing a second letter to hasten their report in relation to a
future augmentation of the Irish military establishment. |
1 Feb. Mil. Entry Bk., v. 27, p. 114. |
801. The Same to the Secretary-at-War. |
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The necessary orders have been given for the embarkation of
the regiments as they arrive at Willemstadt. |
7 Feb. Criml. Papers, v. 10, 1760–66, pp. 162–3. |
802. Lord Mayor of London to the Earl of Halifax. |
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Recommending to mercy William Champ, convicted of horsestealing. |
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Reply of the Earl. It is not usual, after the Recorder's report
has been made to the King in Council, to grant pardons to criminals
ordered for execution, unless when very particular and strong
circumstances appear to induce such an alteration. The King
does not see sufficient reason to prevent the law taking its
course. |
9 Feb. Dom. Geo. III., pcl. 75, No. 6 a to e. |
803. Arrest for Crimes committed in Foreign Countries. |
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Report of the Attorney and Solicitor General on the point raised
by the case of one John Rice, who, having been accused of defrauding the Bank of England and the South Sea Company of considerable sums of money by means of forged powers of attorney, fled
to France, and was, on the application of the Duke of Bedford,
apprehended at Cambray, and confined there. The French court
promised to give him up on condition of reciprocity. They are of
opinion that His Majesty cannot promise this reciprocity, not
having power by law to cause persons to be apprehended at the
instance of foreign powers for crimes supposed to have been committed in other countries, nor to transmit them over as prisoners
to such countries in order to their trial and punishment. |
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Annexed is a letter submitting to the Governors and Deputy
Governors of the Bank and South Sea Company drafts of the
letter of reference to the Attorney and Solicitor General; and the
reply from the Bank, returning thanks, &c. 11 pp. or parts of pp. |
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The letter of reference and the report are also entered in Criminal
Papers, vol. 11, pp. 62 and 68. |
10 Feb. Dom. Misc., pcl. 266. |
804. The Definitive Treaty. |
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The Definitive Treaty of Peace and Friendship between His
Britannic Majesty, the most Christian King, and the King of
Spain. Concluded at Paris the 10th day of February 1763. (French
and English.) 48 pp. of print. |
10 Feb. Dom. Misc., pcl. 268. |
805. Another copy of the same. (French.) 12 pp. of print. |
11 Feb. Regencies, pcl. 184, No. 31. |
806. Earl of Halifax to Baron de Behr. |
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Sends a copy of a letter from the Duc de Choiseul, communicated
by the Due de Nivernois, relative to the hostages at Osnaburg.
A draft. (French.) 1 p. |
17 Feb. Law Reports, 1757–36, No. 6. |
807. Cumberland Militia. |
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Report of the Attorney and Solicitor General to the Earl of
Halifax, Principal Secretary of State, as to the disembodying of
the Cumberland militia by the Major of the regiment, which Sir
James Lowther, the Lord Lieutenant of the said county, apprehends to have been irregular, illegal, and void. The questions
submitted were: 1st, whether the proceeding of the above-mentioned Major appears to have been conformable to the Militia Act;
and, if not, how far and in what manner it may be punishable by
law? And, 2nd, supposing the disembodying to have been irregular, illegal, and void, so that the regiment must be still considered as embodied and having a claim to their former pay, what
measure will be necessary in order to remedy that inconvenience,
and to obtain the effect which would have ensued upon a proper
execution of His Majesty's warrant. For their fuller information
were sent copies of a reference made to the Secretary-at-War, upon
a supposition that the affair fell under that department; of his
answer thereto; of the letter written by him to Sir James Lowther,
or to the officer commanding the Cumberland militia, upon which
the proceeding of the Major seems to have been grounded; and
of His Majesty's warrant for disembodying the said militia. On
the first question, they are of opinion, that although the conduct
of the Major has been irregular, yet the law having prescribed no
particular method of disembodying the militia, but having left
that matter to the orders of the Crown and the care of the Lord
Lieutenants, there is no ground to consider the act illegal and
void. If the Major acted under provisional orders given to him
by the Lord Lieutenant, or if such orders were (as they might be)
presumed in the case in question, no officer or soldier of the militia
has a right to call the regularity of what was done in question, or
to insist on his pay beyond the time allowed by the grace of the
Crown. |
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As to the manner of punishing the Major, they think that he is
not now an object of trial by court-martial, the militia being actually
disembodied; but a power is given to His Majesty by the Militia
Act to remove a deputy lieutenant or officer at pleasure. And
therefore, if the proceeding complained of was wilfully intended to
show disrespect to the authority of the Lord Lieutenant and His
Majesty's sign manual, it was a conduct highly blameable, and
might deserve censure or removal. But if it was owing to any
misconstruction of the orders from the War Office, relating to the
declarations to be made in His Majesty's name before the actual
disembodying, and which, being addressed (according to the course
of that office) to the colonel or commanding officer of the militia at
Carlisle, might be considered by the Major as directing the whole
to be done by such commanding officer, then his conduct might
appear in a more favourable light, especially if the matter were
publicly explained by him, and proper excuses and full declarations
made, both as an officer and a gentleman, to the Lord Lieutenant
on that head. |
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The second question, being consequent on the first, needs no
answer. 3½ pp. |
18 Feb. Mil, Entry Bk., v. 27, pp. 115–6. |
808. Secretary-at-War (Ellis) to the Earl of Halifax. |
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The sum voted for pay of an augmentation to the Brunswick
forces falls short of their pay, according to the establishment of
Mons. Feronce, by 4,328l. 8s. 5d.;—the estimate delivered to Parliament having been formed on a presumption that this augmentation
consisted only of 361 men, with an additional major, whereas it is
now alleged that it was composed of three distinct additional companies, with all the usual staff and other officers. Asks whether it
was intended to be made on this latter footing. |
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The reply, dated as above, containing enclosures which would
give a satisfactory answer. The last paper is conformable, as well
in what relates to the establishment of the troops in question as
to their pay, to the representation made to his predecessor by
M. Feronce. It will appear by the letter of the former that,
though not referred to in the convention, yet it was admitted by
His Majesty in his orders to Colonel Clavering as the foot upon
which that convention was to be concluded. |
18 Feb. Scotland, pcl. 46. |
809. Earl of Halifax to the Lord Justice Clerk. |
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Mr. Neville, Secretary to the Embassy in France, arrived on the
15th with the Definitive Treaty, signed at Paris on the 10th. 2 pp. |
22 Feb. Admiralty, pcl. 150, No. 9. |
810. Earl of Egremont to the Lords of the Admiralty. |
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Giving the following directions:— |
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The transports for the troops in Portugal to sail as soon as
possible to Lisbon. The officer of the convoy, on his arrival
there, to wait on Lord Loudoun, and to consult his Lordship with
regard to the embarkation. Frederick's, Armstrong's, and Crawfurd's regiments to be carried to Cork, in Ireland, and landed
there. 2 pp. |
22 Feb. Dom. Entry Bk., v. 23, pp. 223–4. |
811. Earl of Halifax to Lord Sandys. |
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His Majesty has found it necessary to make some alteration in
the Board of Trade, where he (Lord Sandys) presides, by placing
the Rt. Hon. Charles Townshend at the head of it. |
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Same date. A letter of like import to Mr. Townshend, requesting him also to attend the levee on the Wednesday morning
following. |
22 Feb. Militia, pcl. 3, No. 13. |
812. The Same to Sir James Lowther, Bart. |
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With respect to the precipitate disembodying of the Cumberland militia, the Major has been directed, by command of His
Majesty, to make the proper excuses, either in person or by letter,
for his neglect towards him, Sir James, H.M.'s Lieutenant. The
Attorney General, does not think, however, that the disembodying
was a void act. 1½ pp. |
24 Feb. Dom. Geo. III., pcl. 75, No. 11. |
813. Colonel Rapin to Mr. Weston. |
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Memorial offering to provide colonists for the newly acquired
provinces in North America. (French.) 3 pp. |
25 Feb. Regencies, pcl. 184, Nos. 32 and 33. |
814. Baron de Behr. |
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Memorial to the Earl of Halifax for some information relative
to certain artillery claimed by the regency of Hanover. |
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The reply thereto. (French.) 2 pp. |