« ForrigeFortsett »
different sense of that matter. And been argued, upon any ideas öf as to the creditors, it is remark. fixing and preventing a fuctuation able, that none of them appear to in the price of its stock, that, end have called for their money, nor requires only, that the dividend have any of them, by arly petition should be fixed, without any regard to this house, or otherwise, made to the quantum of it, and may be any complaint, or fignified any de. as well attained by a dividend of fire of such an interposition in their twelve one-half as of ten per cent, favour. On the contrary, it ap- and consequently affords no argu. peared on évidence, from the cross. ment for the retrospective part of examination of the principal wit. this bill, or for fixing the future ness for the bill, thai so far from dividend below the value of the doubting of the fufficiency of the stock. But this is in truth so far security, the greatest evil the com. from being the real object of any pany's bond creditors apprehend, part of the present. bill, that the is, the being paid off; and that ihort period to which the restric. their bonds, which some time since tion is confined, cannot but inbore an high premium, though 'crease, instead of preventing that they carry only three per cent, bear fluctuation, and encourage, instead at present a premium confidcrably of checking; the infamous practices lower, merely from that appre. of the alley. The paflions of men hension.
will be warmly agitated during the 9thly, Because a legislative in. summer, in speculating on the pro. ter position controlling the divi. bability of this restriction being dend of a rading company, legally suffered to expire at the opening of voted and declared by those to the next sessions of parliament, or whom the power of doing it is in. being continued further. The igtrusted, and to whom there is no norant and unwary are fure to be ground to impute an abuse of that the dupes of those who have the power, and who lent their money good luck to be in the secret, and to the public upon the express fti. are wicked enough to employ it to pulation that they might exercise their own advantage. But the iheir discretion with regard to the proposal made by the company, of dividends, provided their effects, submitting to a restriction of divi. undivided, were sufficient to an- dend at the rate of twelve one-half swer their debis; is altogether per cent, and extending that real without example. And as it tends striction during the temporary to lessen the idea of that security agreement, would have obviated and independence of the power of all those mischiefs, and secured the state, which have induced all every good end which may have Europe to depoft their money in been proposed, but cannot be atthe funds of Great Britain, the tained by this bill; and as such re. precedent may be attended with striction, with their consent, would the moft fatal confequences to have been liable to no objections of public credit.
injustice or violence. 1othly; Because, if a bill re. lith, Because, if at the opening straining the future dividend of of the next feflion of parliament, the company were proper, as has the reftriâion is permitted to ex.
pire, the whole effect of the bill, cular time, at the exercise of a except the mischiefs it may pro. power publicly exerted, and which duce, will be the keeping back for has come frequently within the four or five months, from the poc- cognizance, without incurring the kets of those to whom it belongs, censure of parliament; and as this a sum of 40,000l. the difference doubt never was started before, the between the dividend the company objection seems to arife not from wishes, and that which it is allow the company's having exceeded ed to make by the bill; this fun their power of borrowing upon is ridiculously disproportioned to bond, but from the neceflity of any real purpose of paying off and fuch'a supposition, in order to find reducing the company's debts; but a pretence, however insufficient, for if, on the other hand, the restrice this limitation. tion is then to be continued, and 13th, Because the inability of the parliament henceforward to the company, to make the divi. regulate the dividends of the com- dends refcinded by this bill, has pany, and the whole of their af- been argued, on a supposition that fairs for that purpose is to be from the right to the territorial acqui. time to time laid open to public fitions of the company in the East. examination, it is not' difficult to Indies, is not in that company, but foresee the ruinous consequences in the public; which method of to the company; and as the prece. arguing, if admitted as one of the dent will go to the subjecting grounds of the bill, we conceive every other company to the same to be inconclufive as to the subject fort of control, the speedy diffo matter, and highly dangerous as lution of them all will be, perhaps, to the precedent ; for the company the happiest event the public can being in possession, and no claim with, that they may not become against them being so much as so many engines of power and in- made, much less eftablished, we fluence, the consequences of which hold it highly dangerous to the it is easy to conceive, and unneces. property of the subject, and exsary to describe.
tremely unbecoming the juftice izth, Because the arguments in and dignity of this house, by exfavour of this limitation, drawn trajudicial opinions, to call into from a supposition, that the com- question the legality of such a pany had exceeded their legal possession, and to act without hearpower of borrowing on their bonds, ing, as if the house had decided appears to us to be neither well against it. founded nor conclusive; it appears 14th, Because, the forms of on the plain and express words of proceeding upon this bill have the engrafting act, that they had been contrary to precedent, inas. a power thereby to borrow five mil. much as it appears, by our journals, lions ; so they have always under: that whenever a bill, judicial in stood; and so parliament under- its nature, as affecting legal rights stood and declared in a subsequent and private property, has come act; and we cannot comprehend up from the commons, ftating no the justice, the policy, or the de. facts, as a ground for that bill, or corum, of cavilling at this partic ftating facts, the evidence of which
does not appear in the preamble, bill, were ordered to proceed. the invariable practice of this was even denied to lords, to bring house has been to defire a confe. again to the bar the two gende. rence with the other, in order to men who had been examined, (Mr. be informed either of the facts, or Rous, and Mr. Saunders, the the evidence to support such facts chairman, and deputy chairman of (if allegded) on which the bill was the company,) although by the aroriginally framed ; and the .com. rival of the ship Crattenden, from mons have on like occasions done Bengal, after their examination, the same by this house : instances which brought a new and very of this mutual application from particular account of the fourishone house to the other, appear in ing flate of the company's affairs the following cases, viz. Mr. in India, it was very poflible those Duncomb's case, March 1697. gentlemen might have changed Directors of the South: Sea: com. Their opinion; their former evi. pany, Aislabie and Craggs, July dence having been merely matter 1721. Sir Thomas Cooke's cafe, of opinion resulting from fuch in. 1695. Cafes of Kelly, Plunket, formation as they were at that and bifhop of Rochester, March time poffefsed of: witnesses were 1722. · Bambridge's case, April dismissed unexamined, whom seve. 1729. Robinson and Thomson's ral lords wished to have been case, March 1731. Sale of Lord' heard, and the bill was passed, Derwentwater's estates, &c: 1732. without waiting for the return of Case of Sir Robert Sutton, and an account, declared by Mr. Rous others, March 1732. Cafe of Al. to be such, that without it no Wilson and the city of Edinburgh, judgment of the present ftare of the May 1737.
affairs of the company could be 15th, Because, in the proceed. formed, and which had been or. ings of this bill, no council was dered by the house; and, as the appointed in support of the bill, officers informed the house, might to Itate the grounds, to examine have been prepared in a few days. the witnesses, and methodize the In this manner this bill has passed, evidence, for want of which the which we are apprehensive may be lords themselves were obliged to found in its consequences very incall and examine witnefes, and jurious to private property, and appear more like parties than alarming to public credit. Judges. e
-., Winchelsea and Gower. 16th, Because, also, in the pro. Noringham, Fred. Exon. ceedings on this bill, when lords, Scarborough, ' Portland, who declared themselves patrons Temple, Sondes... and friends, to the bill, bad exa. Trevor, . Dorfer, mined two: witnesses, and said, Fortescue, Rockingham, they were satisfied with their exa: Richmond, Albemarle, mination, other lords: were not Dudley and Ward, Eglintoune, permitted to call in any other wit. King) . Abergaveny, neffes, before the council for the - Weymouth,
· Ponsonby. East India company, against this
Translation of his Catholic ma. garrisons, prisons, and other pla
jesty's ordinance for the banish. c@s; and to the president and o. ment of the Jesuits.
thers of my council, auditors of
my several audiences, mayors and PRAGMATIC SANCTION . other officers of my houshold, court
and chanceries; and to all peace Of his majesty, with force of law,
officers, superiors, alliftants, go.
vernors intendants major and ora From the banishment from these
dinary, and to all other judges kingdoms of the regulars of the and magiftrates whatever of these company; for the seizure. of
my kingdoms, whether their jurifa their temporalities, and the pro.
di&tion be royal, feodal, abbatial hibition forever of their re-esta
and holding of certain orders, and blishment; with the other pre
whatever be their state, condition, cautions therein expressed.
quality, or pre-eminence, as well
those who now are, as those who The arms
shall be hereafter, and to all and In the year of 1767. every one of you : | Spain.
KNOW ye, that, in conformity
with the opinion of my royal coun. In MADRID:
cil extraordinary, assembled in
.confequence of the former occur. At the royal printing office of the
rences of the zgth of latt January, Gazette.
and of what has been exposed to
me by persons of the most eminent ON CARLOS, by the grace character, and known experience,
of God, King of Castile, Ar. all agreeing in the same sentiment: ragon and the two Sicilies; of Jc. moved by considerations of the rufalem, Granado and Toledo; of most weighty kind, relative to the Valencia, Galicia and Majorca ; duty incumbent on me of keeping of Seville, Sardinia and Corsica'; my people in due subordination, of Murcia, Jaen and the Algar: tranquillity and justice, and by ves; of Algezira, Gibraltar, and other urgent, juft and necessary the Canary islands ; of the East cause, which I reserve within my and West Indies, islands and con- own royal breaft: Making use of tinent of the ocean ; Archduke of that fupreme, economic authority Austria, Duke of Burgundy, Bra. which the Almighty has lodged in bant and Milan; Count of Apf- my hands for the prote&tion of my burg, Flanders, Tirol, and Bar. 'subjects, and maintenance of the celona ; Lord of Biscay, and Mo. respect due to my crown, I have lina, &c. To the moft ferene come to the resolution of ordering prince - Don Carlos, my dear and to be banished out of all my do. well-beloved fon; to the infantos, minions of Spain and the Indies, prelates, duke's, marquises,counts, and of the Philippine and other men of substance, priors of orders, adjacent islands, the regulars of commendatories and sub-commen, the company, as well priests as datories, commanding officers of coadjutors or lay members, who
have have made their firft profession; barely making use of my cecono: as also such of their novices as mic power, without proceeding Thall be disposed to follow them; to other steps ; following in this and that all the temporalities of the the bent of my royal clemency, as company in my dominions be father and protector of my peo. seized : and, for the uniform exe. ple. cution thereof throughout the same, III. I declare, that, in the I have, by another royal decree of seizure of the company's tempo. mine of the 27th of February, ralities, are comprised their goods given full and exclusive commission and chatiels, as well moveable as and aụthority to Count Aranda, immoveable, or ecclesiastic reve. president of my council, with nues, which they are legitimately power to proceed forthwith to take possessed of in the kingdom, with. such measures as may be adequate out prejudice to the encumbrances thereto.
thereon, to the will of founders, I. And, in like manner, I have or to the alimentary life-annuities come to the resolution of ordering of its individuals, which shall be my counsel to make my aforesaid of 100 persons during life to royaldetermination known through the priests, and go to the lay mem. all these kingdoms; acquainting bers, to be paid out of the gene. all the other religious orders with ral stock formed of the company's the share they deservedly poffefs effects. in my confiderce, satisfaction and IV. In these alimentary annui. esteem, on account of their fide. ties are not to be comprised any lity and doctrine, of their com. foreign Jesuits who have no law ful pliance with their monastic insti. existence in my dominions, either tutes, of their exemplary services within their colleges, or without done to the church, of their com. them, or in private houses, dressed mendable attention to study, of in the tunic or garb of abbots, and their sufficiency in point of the whatever be the office they are numbers of their individuals, to employed in; all such being re. wards affisting the bithops and pas quired to quit my dominions, withrochial pastors in the spiritual nu- out any distinction. triment of souls; as also of their V. Neither are novices to be forbearing to meddle with govern- comprehended in the alimentary ment affairs, as matters quite fo- provifions, who, of their own acreign to, and wide of, a retired cord, shall chuse to follow the reft, and religious life.
as being under no ties of profession II. I have also signified to the to follow them, but at perfect li. reverend diocesan prelates, eccle- berty to separate from them. fiaftical communities and chapters, VI. I declare that if any se. and other establishments, and bo- fuit quit the territory of the ecdies politic of the kingdom, that clesiastical state whereunto they the weighty motives, which, to are all transported, or give the my great regret, have compelled court any juit motive of resent. me to take this necessary measure, ment by his actions or writings, are reserved within my royal mind; the pension assigned him thall