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1 May. Treas. and Cust., v. 5, No. 7 a, b. Let. Bk., Sec.'s, 1775–6, p. 2. |
967. Grey Cooper to John Pownall, Esq. |
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Enclosing a copy of a memorial from Elizabeth, Lady Fitzroy,
wife of James Jefferics, Esq., for H.M.'s pleasure to be taken upon
so much thereof as relates to the Act which the memorialist is
advised to propose to the Assembly of New York.—Treasury
Chambers. |
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The memorial, relative to the estates of her brother, Wm. Crosby,
of New York, found a lunatic by inquisition, to which she was
heir presumptive; she desired an Act to vest the estates in trustees
for sale, &c. 4½ pp. |
2 May. Circular Bk., 1761–86, pp. 106–7. |
968. Circular enclosing the Gazette containing an advertisement relative to the fraudulent use of Mediterranean passes. |
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Sent to Lord Grantham, Mr. Walpole (Portugal), Sir Wm. Lynch
(at Nice and Cagliari), Sir Wm. Hamilton (Naples and Sicily),
Mr. Strange (Venice and Zante), Major-General Boyd, and LieutGeneral Murray: |
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Also to Sir John Hort, Consuls Whitehead and Murray, Mr.
Munro, Consuls Miller, Wilkie, Bomeester, Marsh, Hardy, Beawes,
Banks, Whitham, Magra, Hollford, Sir John Dick, Davison,
Richardson, Jamineau, Katenkamp, Udny, Sarjint, Logie, Bayntun,
and Traill. |
2 May. Isle of Man, v. 2, 1775–83, No. 9. |
969. Richd. Dawson to Lord [Suffolk]. |
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Capt. Hope, the late Lieut.-Governor, left the island the 27th
April, and the day following I took upon me the government, the
usual oaths being administered to me in the presence of the
principal magistrates.—Isle of Man. 1 p. |
6 May. Dom. Entry Bk., "Dom. despatched," 1771–6, p. 200. |
970. Earl of Dartmouth to the Attorney and Solicitor
General. |
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In 1770 there was a rebellion in the Western counties of
Carolina, which was suppressed by a victory on the plains of
Alamance, gained by a body of men raised and led by the Governor
of the Province. These insurgents have now humbly implored
His Majesty's mercy, and given the strongest testimony of their
loyalty to the King, &c. And it being His Majesty's purpose to
extend to them the Royal clemency, with exception only of one
person named Herman Husbands, they are to consider how His
Majesty's pardon may be signified, and to prepare a proper
instrument, &c. Directs them to lose no time.—Whitehall. |
7 May. Scotland, v. 47, No. 166. |
971. Lord Justice Clerk (Tho. Miller) to Lord Suffolk. |
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Thanking him for the appointment of the son of Joseph Reinagle
to succeed his father as one of the Household trumpeters. |
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In approval of the application for a pension of 100l. per annum
to Mr. Duff, on his resignation of the office of Sheriff of Ayr, held
by him since the first institution of sheriffs in 1748. Among the
candidates to succeed him can have no doubt of giving Mr. William
Wallace, advocate, who has filled the chair of Professor of Scotch
Law at Edinburgh for several years, a clear preference in point of
ability and character over them all. Upon this subject of appointment of sheriffs for Scotland, I cannot help regretting that the
great men of our own country in their applications do often pay
more attention to their own political interest and connexions than
to the King's service and the interest of their several counties.
And unless a serious attention to the true principle and intendment
of the Jurisdiction Act is revived, there is great danger that, for
want of sufficient enquiry into the characters of the persons recommended, invaluable law, at least the most useful part of it, may be
lost to the people of Scotland. English ministers may be led to
the idea that a sheriff in Scotland cannot be an officer of more
importance than a sheriff in England; but when it is considered
that by the Act the former is not only vested with all the ministerial powers of the latter, but likewise with civil and criminal
jurisdiction over a whole county subordinate to the Supreme
Courts, it must appear to be matter of most serious importance
that such powers and jurisdiction, final in all cases that won't bear
the expenses of an appeal, should not be vested in any man not
qualified by integrity of character and knowledge of the laws of
the land. Gentlemen, in order to obtain the qualification of the
Jurisdiction Act, get themselves admitted advocates upon a very
superficial knowledge of the law, and then retire to the country,
to their farms or amusements, waiting till the expiry of three
years shall qualify them for the important office of a judge, civil
and criminal, over a great country. This is not an advocate of
three years' standing in the true sense and intendment of the
Jurisdiction Act. He is one who, after passing, has attended the
bar, where alone the practice of the law can be learned, for three
years.— Barskimming, co. of Ayr. 3½ pp. |
10 May. Dom. Entry Bk., "Dom. despatched," 1771–6, pp. 201–2. |
972. Earl Of Dartmouth to Lord Viscount Barrington. |
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Two letters;— |
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1. As to the movements of the regiment in the island of St.
Vincent, news having been received of an outbreak on the part of
runaway negroes, who have killed Lieut. Renton and two private
men of the 50th Regiment, and done other very considerable
mischief. |
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2. Enclosing a letter as to the Office of Fort Adjutant and
Barrack-Master of St. Vincent.—Whitehall. |
11 May. Church Bk., Scotland, 1761–89, pp. 148–51. |
973. General Assembly Of The Church Of Scotland. |
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Warrant appointing Charles, Lord Cathcart to be H.M.'s Commissioner to the Assembly. |
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Instructions, private instructions, and additional private instructions, similar to those of previous years. |
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His Majesty's letter to the General Assembly. |
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Letter to the Treasury for the preparation of the warrants for
the salary of the Commissioner, and the annual grant from
His Majesty of 1,000l. for propagating the Gospel in the Highlands, &c. |
30 March and 3 & 12 May. Channellslands, v. 42, 1771–8, Nos. 12, 13, 14. Entry Bk., 1760–98, p. 52. |
974. Guernsey. |
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Three letters from Sir Jeff. Amherst, relative to leave of absence
for Mr. Le Marchant, bailiff, and Lieut.-Col. Irving, Lieut.-Governor,
of Guernsey, respectively. 5½ pp. |
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Replies in the Entry Book. |
12 May. Ireland, v. 453, No. 41. |
975. Lieut.-General J. Irwine to Lord Rochford. |
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Announcing his arrival in Dublin this day, &c.—Dublin Castle.
1 p. |
13 May. Let. Bk., Sec.'s, 1775–6, p. 5. |
976. Lord Viscount Barrington to Lord [Dartmouth]. |
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As to an application of the Fort Adjutant of St. Vincent. Lieut.
Browne was appointed to that commission at his own desire. In
case any new regulations are necessary they should come recommended by Govr. Leybourne, and it appears highly expedient that
on such matters the Fort Adjutant should make proper application to, and receive his instructions from, the Governor of the
Island.—War Office. |
15 May.
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977. Letters from J. Pownall, transmitting Extracts from
Letters:— |
Dom. Entry Bk., "Dom. despatched," 1771–6, p. 203. |
1. To Grey Cooper, Esq. From the Governor of Nova Scotia,
relating to the present state of the office of Receiver-General of
H.M.'s quitrents within that province. |
Treas. and Cust., v. 5, No. 8. |
2. To Sir Stanier Porten. From Sir Ralph Payne, relating to
the protection given at Porto Rico to slaves deserting from H.M.'s
Leeward Charibbee Islands. |
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3. To the Postmaster-General. From the Governor of the Leeward Charibbee Islands on the subject of a request made to him
by the Council and Assembly of the Island of Montserrat that
H.M.'s packets might be directed to touch for the future at that
island, as they usually do at Antigua and St. Christopher's.
Signifying H.M.'s pleasure for directions accordingly, unless there
should be any material objection thereto. |
15 May. Ireland, pcl. 426, No. 83. |
978. Thos. Waite to—. |
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Encloses a copy of the last warrant from the Secretary of State
to the Postmaster-General of Ireland for opening letters, &c.
Suggests changes necessary in that to be signed for Lord Harcourt's
service. |
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Asks what steps have been taken in consequence of the Lord
Lieut.'s very long letter of 31 Jan. to Lord Rochford, concerning
the title of the Crown to the Deanery of St. Patrick, in Dublin.
Dean Corbet is drawing fast to a conclusion.—Dublin Castle.
3 pp. |
13 & 16 May. Dom. Geo. III., v. 10, Nos. 64 a, b, c, and 65. |
979. Letters, &c. relative to a claim put forward by Mr. Thomas
Lewis for compensation for assistance given to Mr. Maurice Morgan
in 1768 in getting a state of the laws, &c. of the province of
Quebec. The claim, which was without foundation, was said by
himself to have been advanced in order to secure promotion in the
Navy. Mr. Morgan, while declaring that Mr. Lewis could have no
demand of the sort upon Government, the making of which he
attributes to ill advice, testifies to Mr. Lewis's merit. The last
letter is a draft to Lord Lisburne. 6½ pp. |
16 May. Dom. Geo. III., v. 10, No. 66. Dom. Entry Bk., "Dom. despatched," 1771–6, p. 204. |
980. J. Pownall to Hon. and Rev. Mr. Cholmondeley. |
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Transmitting an extract of a letter from Francis Legge, Esq.,
H.M.'s Governor of Nova Scotia, stating the necessity of appointing
a person to examine and inspect the accounts of public money
levied and disposed of within that province, and signifying his
intention of appointing such a person.—Whitehall. A draft.
¾ p. |
18 May. Channel Islands, v. 15, 1770–7, No. 74. |
981. Genl. H.S. Conway to Lord Rochford. |
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As to the nomination of Mr. Le Breton to the vacant deanery
in Jersey.—Park Place. 1½ pp. |
18 May. Ireland, pcl. 426, No. 84. |
982. Lord Lieutenant Of Ireland (Harcourt) to the Same. |
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Two letters:— |
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1. As to a change necessary in the commission of Genl. Irwin
as Governor of Londonderry and Culmore Fort.—Dublin Castle.
2 pp. |
Ireland, v. 453, No. 43 a, b, c. |
2. Giving the result of the inquiry into the supposed murder of
Anthony Gallagher, of Arranmore, in the co. of Donegal, by Peter
Mcrory, as set forth in the depositions of Michael Gaven, of the
58th Regiment at Gibraltar. Col. William Burton, who has made
all the enquiries possible, is convinced that no such event happened,
and thinks the charge is sufficiently evident to have been a plan of
Gaven's to avoid a deserved punishment, and a malicious scheme
of revenge against the McRorys, who bear a universal good
character in the country. |
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Encloses Col. Burton's letter, and one from Mr. Daniel Chambers,
one of H.M.'s justices of the peace for the co. of Donegal.—Dublin
Castle. |
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The enclosures. Col. Burton's letter contains a detailed account
of his investigations, and particularly of the family history of
McGavaghan (Gaven) and others. Mr. Chambers requests Col.
Burton's "interposition with Gavan's commanding officer that he
may be disposed of in such a manner as not to return to this
kingdom, and you will particularly serve the county of Donegal."
It appeared that one Anthony O'Donnell, married to the sister of
Peter McRory, had been accidentally drowned in 1767. 8½ pp. |
19 May. Circular Bk., 1761–86, p. 108. |
983. Circular announcing the death of the Queen of Denmark.
Sent to ministers and consuls abroad. |
20 May. Ireland, pcl. 426, No. 85. |
984. An anonymous letter, signed "Britannicus," dated from
Cork, giving information of provisions shipped for the Spanish
Navy, &c. ½ p. |
20 May. Post Office, v. 7. No. 7. Dom. Geo. III., v. 11, pp. 68–70. |
985. Hugh Finlay to the Earl Of Dartmouth. |
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As to his appointment to the Legislative Council, &c. I came
to meet my colleague in New York to settle our yearly accounts,
but the universal disorder reigning in every province in our
district renders it impossible for us to do any business in our
department. Our riders have been stopped in Massachusetts and
Connecticut, and H.M.'s mails opened to discover who are friends
to Government. Such are marked and held up as enemies to
America. The communication by post also is stopped between
every part of the continent and Quebec. The most important
passes, Ticonderoga and Crown Point, are seized by a party of
provincials. I passed these places a few days before they were
taken. As I may be useful in Canada I shall endeavour to return
to Quebec as soon as possible. I accompany Capt. Montagu in
the "King Fisher" to prevent the mail in the first packet-boat
being intercepted by a well-armed vessel, manned by 60 resolute
fellows, which Mr. Foxcroft learnt had been sent out for that
purpose. I shall open the mail on board, and put all Government
despatches under Capt. Montagu's protection until safe conveyances offer. I shall proceed to Boston by sea with all
despatches for Gen. Gage and the letters for the troops, and I
shall also take Gen. Carleton's and apply to Admiral Graves for
a conveyance to Quebec. If report be true, even a passage by
water is not without risk. It is rumoured that a vessel of force
has been fitted out from New London, and one from New Haven,
to intercept intelligence, &c.—On board H.M.S. "King Fisher," off
Sandy Hook. |
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Received, 5 July. 3 pp. |
24 May. Law Officers' Entry Bk., 1762–95, pp. 219–23. |
986. Lord Rochford to the Attorney and Solicitor
General. |
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Enclosing, for their opinion, a case submitted by the Lord
Lieutenant of Ireland.—St. James's. |
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The "case."—It commences by reciting a section of an Irish
Act of Parliament, 12 Geo. I., cap. 8, making an order under the
sign manual, for the transportation of a person convicted of felony
and sentenced to death, as effectual as if a pardon with condition
of transportation had been passed under the Great Seal and
pleaded and allowed, so as such order were also countersigned by
the Judges, or one of them, before whom such felon was tried. It
then relates that a lad tried before Mr. Justice Robinson, (who
presided with Mr. Serjeant Coppinger,) and found guilty of
robbery, was subsequently pardoned by the Lord Licutenant on
the terms of being transported, and an order signed for that
purpose was sent to Mr. Robinson to be countersigned; but he
thought proper to refuse it, in order to mark at least his disapprobation, and throw the odium of countersigning upon the
other Judge. His Excellency apprehending the refusal to be an
infringement of H.M.'s prerogative, it appearing to him that the
countersigning by the Judge was merely ministerial for the
purpose of identifying the party convicted, &c., not finding any
instance of a Judge refusing for half a century since the making
of the law, not supposing it possible that a law calculated for
more speedy transportation could be construed into restraint of
the Royal grace, and observing that such an usurped power upon
the mercy of the Crown would be vain, as the power of pardoning
under the Great Seal is still open to the Crown, could not avoid
suspecting this refusal had arisen from a desire to innovate and
grasp at the power of pardoning by the Judge. Their opinion,
therefore, required whether the law gives the Judge the power to
refuse to countersign, or makes it imperative upon him, the act
being merely ministerial; and (2) as the Act of Parliament seems
to make the order of the Chief Governor alone sufficient to
pardon the convict, what is to become of the prisoner if the Judge
persists in refusing to countersign, for the purpose of making that
order a sufficient warrant to the Sheriff to deliver the prisoner
out of gaol.—St. James's. |
25 May. Dom. Geo. III., pcl. 88, No. 8. |
987. Commissioners Of Customs (Edinburgh) to Lord
Rochford. |
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Enclosing copies of threatening letters sent to Mr. Robert
Hunter, Collector at Montrose, and Mr. David Reid, InspectorGeneral of the Customs, respectively, and asking that H.M.'s
pardon may be advertised in the "Gazette" to any one of the
persons concerned discovering their accomplices, &c.—Customhouse, Edinburgh. |
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There are no enclosures. 3 pp. |
25 May. Scotland, v. 47, No. 100. |
988. Lord Cathcart to the Earl Of Suffolk. |
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Announcing the meeting of the General Assembly of the
Church of Scotland that day, and the choice of the Rev Mr. David
Schaw as Moderator, and giving an account of the day's proceedings, &c.—Edinburgh. |
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Received, the 30th. 2¼ pp. |
25 May. Scotland, v. 47, No. 167. |
989. Lord Justice Clerk (Miller) to the Same. |
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As to the business of the Western Circuit finished at Inverary
on the 22nd inst., and particularly as to the case of George
McTaggart, convicted at Glasgow of housebreaking and theft.—Barskiming. 2 pp. |
26 May. Dom. Entry Bk., v. 26, p. 17. |
990. Sir Stanier Porten to Mathew Beachcroft, Esq., Governor
of the Bank of England, and Sir John Fielding, (separate letters)
relative to an advertisement to be inserted in the newspapers in
the manner proposed by "M.Z." and interlined by Sir John.—St. James's. |
27 May. Scotland, v. 47, No. 103 a to d. |
991. Lord Cathcart to the Earl Of Suffolk. |
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Transmitting the dutiful answer of the General Assembly to
H.M.'s letter, and a letter containing a copy of it from their
Moderator, and expressing a favourable opinion of their proceedings, &c.—Edinburgh. |
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The enclosures. |
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Received 30th. 8 pp. or parts of pp. |
30 May. Scotland, v. 47, No. 105 a, b. |
992. The Same to the Same. |
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Transmitting an address of condolence to His Majesty on the
death of the Queen of Denmark, from the General Assembly.—Edinburgh. |
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The enclosure. 2 pp. |
31 May. Post Office, v. 7, Nos. 2, 3. Let. Bk., Sec.'s, 1775–6, p. 6. |
993. Postmaster General to Lord [Dartmouth]. |
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Have given directions for the packet-boats to touch at the
island of Montserrat on their outward-bound passage from Antigua
to St. Kitts, though it does not appear there have been above
three or four letters in a month for Montserrat.—General Post
Office. |
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Also a letter from Lord Dartmouth on the subject. 2 pp. |