|
3 April. Dom. Geo. III., pcl. 77, No. 15 a. |
1703. Baron Smythe to Lord—. |
|
Relative to an affidavit in favour of John Stringer, a convict,
to enable him to make a report on his case.—Bounds. 2 pp. |
3 April. Treas. Entry Bk., v. 1, 1763–75, pp. 110–3. |
1704. Earls of Halifax and Sandwich to the Rt. Hon. Geo.
Grenville. |
|
Enclosing the memorial of the clerks of their offices, representing
their great sufferings in consequence of the privilege of franking
having been taken away from them by Act of Parliament. Their
Lordships earnestly recommend their hard case to Mr. Grenville's
consideration, and hope he will agree with them that 500l. a year
to each office will be as little as can be reasonably divided between
twenty gentlemen, and who, even then, will be considerable losers. |
|
The memorial entered. There were eleven clerks in one office,
and nine in the other. |
4 April. Dom. Entry Bk., v. 22, p. 333. |
1705. Earl of Halifax to Ph. Carteret Webb, Esq. |
|
Signifying His Majesty's pleasure, that out of the money placed
in his hands for carrying on criminal prosections in England, he
should defray all the expenses of passing under the Great Seal
H.M.'s commission for constituting the Lord Chancellor to be High
Steward of Great Britain for the trial of William Lord Byron. |
6 April. Dom. Geo. III., v. 3, No. 13. |
1706. Mr. Stephens to Mr. Stanhope. |
|
Communicating orders which have been sent to Capt. Palliser
relative to Capt. Debbieg's survery at Newfoundland. 1 p. |
9 April. Admiralty, pcl. 154, No. 14 a, b. |
1707.Creditors of The Jesuits. |
|
Two letters of reference to the Advocate, Attorney, and Solicitor
General, relative to the claims of the creditors of the Jesuits to
receive satisfaction out of the effects and possessions of the latter in
Canada, founded upon an edict of the Parliament of Paris, issued
before the cession to Great Britain. A copy of that edict, which has
been obtained since their former report, puts that affair on a very
different footing. From that it appears that the Consular jurisdiction at Marseilles proniunced a decree in 1760 in favour of the
creditors, giving them power to take execution upon the estate and
effects of the Society of the Jesuits, wherever they should be found
in the dominions of the French King. But the Jusuits in the four
provinces in France, in conjunction with the Jesuits of the Missions
in South America, petitioned for and obtained leave to intervence
in the cause, and to appeal to the Parliament of Paris from the
sentence pronounced against them at Marseilles, the same having
been obtained by surprise, they not being made parties to the
suit. On May 8, 1761, the appeal came on to be heard, and after
three days hearing of all parties, the Parliament of Paris, after
taking notice of the decree of Marseilles, decreed that the Superioe
General of the Jesuits, and in his person the Society of the Jesuits,
should pay the demands of the creditors within a year from
the date of the decree, with interest; and in default thereof. the
Superior General and Society should stand bound and responsible for principal and interest, and all costs; and that, without any
other authority, the creditors might pay themselves out of the
estates belonging to the Society of the Jesuits in France, except
where the destination could not be changed by the Superior General
to the prejudice of the rights of the founders or their representatives.
By this decree it is to be observed that the Parliament of Paris
revoked that part of the decree of Marseiolles which gave the
creditors liberty to take satisfaction out of the Jesuits' effects
wherever they might be found, and confined their remedy to
France only; so that, had not the memorials on behalf of the
creditors been "mis-stated," there might not have been any
occasion to have made reference thereupon. But, to clear all
doubts, they are to report what effect this edict would have upon
the claims of creditors of the Jesuits in Canada. |
|
The second letter recites the 4th article of the Treaty of Paris,
and states that a detached body of the Jesuits' Order was established
and had possessions in Canada when that country was conquered
by H.M.'s arms, and that those possessions remain in the same state
as at the conclusion of the Treaty of Paris. The Society is founded
on different principles from any other, in that there is but one
chief, one only administration, one sole and undivided property, all
over the world. None of their establishments are independent, or
possess a civil existence separate from the whole body. They have
neither disposition nor even personal administration of their property. The Superior, who always resides at Rome, commands the
whole with a sovereign authority; disposes of all with an unlimited
power, not only as a Sovereign who levies imposts on his subjects,
but as a proprietor who does what he pleases with his own. On
this basis the law of France considers the establishments of the
Jesuits in all parts of the world as counting-houses, and the
occupiers the servants, agents, and factors of the Superior, who,
having the whole, is answerable for the whole. And accordingly
in a late instrance of Father la Vallette, who was at the head of
one of those establishments at Martinique, having contracted large
debts, and fled, the jurisdiction at Marseilles decreed in favour of
the creditors, that the Superior should pay them; and the Parliament of Paris, upon an appeal from that sentence, confirmed the
same. Upon these grounds a doubt has arisen as to what property
is vested in the Communities in Canada, under the Treaty of Paris;
and as it is an object of great consequence to Government in the
settling of that country to known what rights are in the Crowm,
they are to report their opinion; what estate is vested in the
Communities of the jesuits, which they occupy in houses or lands
in Canada; whether they could, without powers from the Superior,
before the expiration of the 18 months allowed for the sale of estates
under the Treaty of Paris, and now can, make a good title thereto;
and whether the Superior, residing at Rome, and never having
been in Canada, could have given, or now can given, powers to make
a legal little for the sale of such possessions. And, if of opinion that
neither the Superior of himself, nor the present occupiers with or
without his authority, can sell or dispose of the said real property,
but that the persons in possession hold the same as trustees for
the Superior, or for the whole Society, them whether such trust is
not void in law; what forfeiture is incurred thereby, and to whom;
and what will be the proper method to discover such trust. Drafts.
12 pp. |
12 April. Treas. Entry Bk., v. 1, 1763–75, p. 114. |
1708. Mr. E. Sedgwick to C.Jenkinson, Esq. |
|
Enclosing an extract from a letter from the Governor of Jamaica,
representing the want of some additional officers of the Customs in
that Island. |
15 April. Criml. Papers, v. 10, 1760–66, p.280. |
1709. Mr. R. Phelps to the High Sheriff of Oxford. |
|
The sentence on Thomas Holland is commuted to 14 years'
transportation, and a warrant for that purpose is in preparation;
but Parker Hall's sentence is to be carried out. |
18 April. Criml. Papers, v. 10, 1760–66, p. 283. |
1710. Earl of Sandwich to Mr. Baron Smythe. |
|
Sending affidavits relating to John Stringer, transmitted by
the Archbishop of Canterbury, and the covering letter from the
latter. |
19 April. Circular Bk., 1761–1786, p. 52. |
1711. The Same to Sir Joseph Yorke, Mr. Wroughton, 'Mr.
Burnet, Sir John Goodricke, Mr. Titley, and Sir George
Macartney. |
|
The dispute between the Envoys of Crowned Heads and the
Ministers of State at the Court of Dresden, upon the point of
precedence, is at last finally settled in favour of the former. Sends
an extract of Mr. Stanhope's letter referring thereto. |
19 April. Dom. Geo, III., v. 3, No. 14 a, b. |
1712. Lords of The Admiralty to the Earl of Halifax. |
|
It being necessary that Commodore Palliser should sail for
Newfoundland towards the end of the month in order to protect
the fishery there, they send a copy of the instructions under which
he sailed last year, and which are proposed to be renewed to him
if no alteration be needed. They desire that the instructions may
be laid before the King. |
|
The enclosure. 24½ pp. |
20 April. Church Bk., Scotland, 1761–89, pp. 64–5. |
1713. The Earl of Glasgow, High Commissioner to the General
Assembly. |
|
Instructions similar to those of the previous year. |
|
Same date. Mr. R. Phelps to Charles Jenkinson, Esq. As to the
usual warrants for the salary of the High Commissioner, &c. |
|
Same date. His Majesty's letter to the General Assembly. |
22 April. Admiralty, pcl. 154, No. 15. |
1714. Earl of Halifax to the Lords Of The Admiralty |
|
Transmitting for their consideration a letter received from the
French Ambassador, with several papers therein referred to, setting
forth sundry matters of complaint respecting the French fisheries,
as carried on last year at Newfoundland and in the Gulf of
St Lawrence, and containing several new propositions relative to
those subjects. To report whether it is necessary to make any
and what alterations in the instructions to Commodore Palliser as
Commander-in-chief of H.M.'s ships at Newfoundland; and as it
is the intention of the Court of France to send ships of force to
the coasts and into the harbours of the "Petit Nord," whether it is
necessary on that account to strengthen Commodore Pallisser's
squadron. 2¼ pp. |
23 April. Irel. Entry Bk., 1761–70, p.52. |
1715. The Same to the Lord Lieutenant of Ireland. |
|
Enclosing a list of camp necessaries which will be sent with each
regiment going from England to N. America, and directing that
the Irish regiments be similarly provided. |
24 April. Treas. Entry Bk., v. 1, 1763–75, pp. 114–5. |
1716. The Same to the Lords of the Treasury. |
|
For the issue of 1,000l. to Capt. Archibald Clevland, appointed
to repair to Algiers on a mission from His Majesty to the Dey, for
his expenses, and for the King's pleasure to be taken as to 100l. for
a present to the Dey. Two letters. |
25 April. Admiralty, pcl. 154, No. 16. |
1717. Lords Of The Admiralty to the Earl Of Halifax. |
|
Relative to transports for the regiments going to America, &c.
1 ¾ pp. |
25 April. Dom. Entry Bk., v. 22, p.333. |
1718. Mr. Stanhope to the Clerk Of The Council. |
|
Enclosing an extract from a letter from His Majesty's Minister
at Venice, and a circular letter from the Magistrates of Health,
relating to the plague in Dalmaria and Bosnia. |
26 April. Scotland, pcl. 46. |
1719. Earl Of Sandwich to Lord George Beauclerck. |
|
Enclosing a copy of His Majesty's speech to the Houses of Parliaments, offering to their consideration a most weighty and important
matter, and their answers thereto. |
|
"A like letter to Lord Justice Clerk." A draft. 2 pp
|
26 April. Irel. Entry Bk., 1761–70, p. 53. And a draft in Ireland, v. 429, No. 73. |
1720. Earl Of Halifax to the Lord Lieutenant Of Ireland. |
|
Sends directions for the regiments for America to proceed to
Cork, there to embark on board the transports and the war ships
"Thunderer" and "Belleisle," which will arrive next week, that
port being the most convenient in Ireland for the embarkation
of troops. |
27 April. Admiralty, pcl. 154, No. 17 a, b. |
1721. The Secretary-At-War to Lovel Stanhope, Esq. |
|
Enclosing a letter from the Paymaster General as to closing the
accounts of the 3rd, 57th, and 67th, regiments, which were sent to
Minorca in the spring of 1763, and as to any stoppinge for victualling them on their passage. |
|
The enclosure. 2 pp. |
27 April. Dom. Geo. III., v. 3, No. 15. |
1722. Lords Of The Admiralty to the Earl Of Halifax. |
|
Relative to the complaints, &c., of the French Ambassador
respecting the French fisheries at Newfoundland and in the Gulf
of St. Lawrence. These complaints being so frivolous and vague,
so loosely supported by evidence, and in their nature ill grounded,
and the propositions such as it can hardly be conceived the French
will attempt seriously to maintain, they see no reason to make any
alteration in or addition to the instructions given last year to
Commodore Pallisser as commander on that station; unless His
Majesty thinks it necessary that any particular instructions should
be given, in case the French Court should take so extraordinary a
measure as to send an armed force upon the coasts or into the
harbours of the Petit Nord or Gulf of St. Lawrence, for the purposes mentioned in Mons. De Guerchy's letter. If the French
should send thither this year no greater force than was sent to
St. Pierre and Miquelon last year, it will not be necessary to
strengthen Commodore Pallisser's squadron. 4 pp. |
28 April. Dom. Entry Bk., v. 24, p.1. |
1723. Earl of Halifax to the Lord President. |
|
Sending a copy of the Address of the House of Commobns to His
Majesty, and ordering copies of such memorials, petitions, &c.
presented to or laid before the King in Council, on the subject
therein mentioned, to be laid before that House. |
|
The address entered, the subject being the discovery of a
harbour on the coast of Africa. |
28 April. Ireland, v. 429, No. 74. |
1724. Earl of Northumberland to the Earl of Halifax. |
|
Sends the report of the Attorney and Solicitor General on the
petition of Catharine Countess Dowager of Tyrone, and affidavits
annexed. |
|
The enclosures are not with it; but see Nos. 1237 and 1308 on
the same subject. 1 p. |
29 April. Admiralty, v. 147, No. 30. |
1725. Aligiers. |
|
Full powers to Archibald Clevland, Esq., Commander of one of
H.M.'s ships of war, to ralify and confirm the treaties with the
Dey of Algiers, and to settle all disputes. 2½ pp. |
30 April. Admiralty, v. 147. Nos. 31. and 32. |
1726. Algiers. |
|
Instructions to Capt. Archibald Clevland for his embassy to the
Dey of Algiers. |
|
Amongest other things, he is to demand the release of British
subjects in slavery, with restoration of their goods and reparation
for damage. The Dey is to be informed that his complaint of the
Lieut. Governor of Minorca having granted passavants or written
passes to ships trading in the Mediterranean, of a different form
to that agreed upon, and of having granted Mediterranean passes
to foreigners at enmity with the Dey, has been investigated and
removed. |
|
Same date. Copy of His Majesty's letter to the Dey of Algiers
in answer to the complaints of irregularities, and accrediting Capt.
Clevland as Minister Plenipotentiary. Mentioning the appointment of Robert Kirke, Esq., as Consul in the room of James Bruce,
Esq. 16½ pp. |
30 April. Mil. Entry Bk., v. 28, p. 137. |
1727. Earl of Halifax to the Secretary-At-War. |
|
As to stoppage of pay ordered for victualling certain regiments,
&c. |
[April.] Scotland, pcl. 46. |
1728. St. Andrew's University. |
|
Memorial of Nicola Vilant, M.A., Professor of Mathematics in
Dr. Pollok's Academy, London, praying a presentation to the Professorship of Mathematics in the University of St. Andrew's. |
|
Copies of attestations and recommendations in his favour from
the College of St. Andrew's, Dr. Pollok, Mr. James Short, and
Capt. John Campbell, and a recommendation from Dr. John Blair,
annexed. 2½ pp. |