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The S c o t s Magazine.A U G U S T , 1 7 4 6 .

P r o c e e d i n g s o f t he Political Club> c o n t i n u e d f r o m p . 2 6 3 .

353

STbe fubjlance of three Jpeecbes made upon ta­king the King sfpeech into confederation at the opening o f lajìJeJJlont Oài. 17. 1745«

The fpeech of Q. Horatius Barbatus, in the cbaraSler o f the Earl of Halifax.

My Lords,

T H E prefent fituation o f E u ­rope, as well as of this nation, is fo melancholy, and the cir- cumftances o f both fo preca­

rious as well as notorious, that what I am to propofe does not ftand much in need o f exDlanation or inforcement.— T h e liber-Ities of Europe have been upon the very brink of deftru&ion ; and, notwithftand- ing all our endeavours, are ftill in the ut- moft danger.— T am forry to mention the bad fuccefs we have had in reftoring and fecuring them.— Particularly, the fatal af­fair of Fontenoy muft remain deeply im­printed upon the heart of every true Eng- lifhman, and muft inflame him with a de- fire to revenge the repulfe we there met with, which the experience o f that day muft encourage us to expeft, as foon as we can find an opportunity to engage the ene­my upon equal terms; for our being then repulfed did not proceed from the bravery of their troops" but from the impra&ica- bility of the fituation they were in, and the neceffity we were under to attack them in that fituation.

But, my Lords, whatever bad fuccefs we may have met with, in fecuring the l i ­berties o f Europe, I hope we fhall meetwith good fuccefs in fecuring our own a- gainft the attempt now on foot for their deftru&ion.— An attempt which muft be deemed mod flagrantly wicked, when we confider the whole tenor o f his Majefty’s reign.— Was there ever a time, was there ever a country, where the fubjedt enjoyed more indulgence, more eafe, more fecuri-ty. with refpeft to his religion, libeity,

V o l .V III.

and property, than the fubje&s o f this na­tion have enjoyed during the whole courfe o f the reign o f our prefent fovereign ? With regard to religion, have not all fefìs enjoyed that plenary indulgence allowed them by the laws o f their country ? Eventhe Roman Catholicks and nonjurors have been, by the lenity o f his Majefty’s go­vernment, indulged as far as was confident with thofe laws which are ftill in force againft them. And with refpeft to liber­ty and property, have not the laws always had their due courfe ? Has his Majefty ever made ufe of his prerogative for inva­ding either the liberty or property of any private man ? Has he ever made ufe o f it for invading the liberties of the people in general ? H ave we not had parliaments regularly afTembled every y e a r ; and has not his Majefty’s ear been open, and his heart ready, to hear every petition, and redrefs every grievance, that was prefent- ed to him by this houfe, or by the repre- fentatives of his people in parliament f

T h e prefent rebellion muft therefore, my Lords, be allowed to be ungrateful as well as unnatural.— I was not indeed fur- prifed to hear, that the young pretender, inftigated by the deceitful promifes o f France, as well as the rafhnefs o f his own • youth and ambition, fhould dare to land in this ifland ; but t was furprifed to hear of his being joined even by any of his Majefty’s Roman Catholick fubje&s, and I was aftonifhfcd when I heard of his be­ing joined by fome of his Majefty’s Pro- teftant fubjedts.— T hat free Protellants fhould ever think of affifting to reftore that tyrannical Popifli government, from which the glorious K . William had fo providen­tially delivered us, was really amazing.— T h e Popifti rebels may moll juIIIy be called ungrateful, confidering the indul­gence they have met with under his M a ­jefty’s goveriunent ; but as to thefe re-

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354 Proceedings o f the Po l i t i c a l C l u b . Aug. 1746.bels that are rroteltants, 1 do not know w h at name to give them. T h e y are trai­tors to their G o d , as well as to their K in g and country : they have rebelled againlt a moll gracious K ing, they are endeavour­in g to fubvert the religion they profefs, and they are going to bring flavery and a foreign yoke upon their country.

Could it have been imagined, m y Lords, that fo much wickednefs could have been conceived in the heart o f man ? could it have been imagined, that fo m a ­n y would have proceeded fo far in fuch a wicked attempt ? T h a t in this attempt th ey have been underhand encouraged b y the French, I do not in the leafl que- ftion. T h o fe dillurbers o f the peace o f Chriftendom will not, w e know, boggleat any wickednefs, i f it can contribute to­wards the fuccefs of their ambitious pro­jects. But lately they fomented and rai­led a civil war in G e r m a n y ; nay, they openly and avowedly abetted it, tho’ they had but juft before moll folemnly, and for a valuable confideracion, promifed the con trary: and now they have done the fame here, tho’ not in fo open a manner, becaufe it was not in their power.— From them indeed we could expert no le fs ; but after the fate o f the civil war in G erm a­ny, it was furprifing, that any fubjett of Britain fhould depend upon French pro- xnifes fo far as to flake his life and fortune upon the performance.— T h ofe who truft- ed to them in Germany, at Iafl found, and thofe who have trufted to them in Bri­tain, will, I hope, foon find, that fuch promifes were never deiigned for any thing but to make them, if poflible, the inflruments of their country’s defiru&i- bn.

H o w egregioufly foolifh then, as well as wicked, mud thofe men be, who, de­pending upon fuch promifes, have raifed this rebellion amongfl us ? Notwithiland- ing the recent example they had before their eyes; yet, trufting to thefe promifes, they have already imbrued their hands in the blood o f his Majefty’s faithful fub- je<fta, and have opened a fcene o f blood­shed and deftru&ion in their native coun­try. But the fcene will, J hope, be of fhort continuance; for if the French hadever a n y real defign to g i v e th e m d f c f t u a l

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afiiftance, the furprinng fpirit o f loyalty and fidelity which has fo generally ap­peared in the Southern part o f this ifland, will convince the French, that fuch a de- fign is impradicable. This, my Lords, will prevent the French court from put­ting themfelves to any great expence in fupporting the rebellion now carrying on in Scotland ; and at the fame time it will prevent the rebels being joined by any confiderable number of their friends inEngland. From hence I think we have good ground to hope, that the rebellion will very fpeedily end in the perdition of thofe who have been the authors of it; efpecially i f that fpirit of unanimity which has fhewed itfelf without doors, fhould be attended with the fame fpirit in this houfe: and as this will, I hope, be the efFedl of the danger we are now threatened with, I fliall conclude with a motion for fuch an addrefs as I think proper and ne- cefTary upon the prefent occafion ; which is, “ T o return his M ajeily our humble thanks for his mofl gracious fpeech,&fr.n [as in the addrefs, M ag. 1745, p. 472. m - tatis mutandis. J

*The fpeech o f L . Juventius Thalna, in thecharacter o f the Lord Ilchefier, w h

/poke next.

My Lords,

T H E Noble Lord has fpoke fo folly,and with fuch energy, in fupport

of what he has been pleafed to move, that he has left me very little to fay upon the fubjedl. However, as I fland up to fe- cond his motion, I fhall beg leave to add fomething o f my own ; tho’ I am perfua- ded your Lordlhips fland in need of no arguments for inducing you to agree un- animoufly to what has been propofed; be­caufe it is fo evident, that our unanimity upon this occafion will difcourage our fo­reign enemies from giving our domeilick any afli(lance : and if we can prevent the rebels from having any foreign affillance, we have no occafion to be terrified with their numbers at prefent, or with any num­ber that mayhereafter join them; for no man can doubt but that a vatt majority of the people in the Northern as well as Southern parts o f this kingdom are well affrfled toour prcfent m olt gracious fovereign.— ■• It

Aug. 1746. Proceedings of the P o l i t i c a l C l u b . 355is indeed impoffible to fuppofe, that any Proteftant who has read and duly confider- ed the hiftory of the oppreflions of the reign immediately preceeding the revolu­tion, and of the ufurpations o f the Roman Catholicks during that fhort reign ; I fay, it is impofììble to fuppofe, that any fuch Protellanc can be inclined to fubjeft him- felf to fuch another government: there­fore we cannot fuppofe that the numbers of the rebels will ever become fo confi- derable as to be dangerous. And this I am fo fully convinced of, that i f the a f­fairs of Europe were not in fuch a ticklifli fituation, I fhould be glad to hear of their being more numerous than they are ; Ifhould even wifh they were joined by e- very Jacobite in the kingdom ; that we might from thence be able to diflinguifh thofe that are enemies to our prefent hap­py eftablifhment, and might have an o p ­portunity to extirpate them, or to bring them under fuch fubje&ion as to fecure the peace of his Majefty’s faithful fubjedls during the refidue of his reign ; which has been, and I am fure will always be fo juft and mild, that it never was, nor never can be diHurbed by any but fuch as,, are enemies to the religion and liberties o f their country.

As I am no way terrified, my Lords, at the number o f the rebels, fo I am not at all terrified at the fuccefs they have met with. On the contrary, I look uponit as a difpenfation of providence in our favour.— Providence, I believe, my Lords, gave them that fuccefs, in order to draw them from their native mountains and fuftndftfs; that in the plain country they may become an eafy facrihce to his M a­jefty’ s juft vengeance. But when I talk o f the fuccefs of the rebels, my Lords, I cannot help taking notice o f the furpri- fing incredulity that has prevailed in this country for a long time after the rebellion firft broke out. So general was the in­credulity here, that people would hardly believe, the pretender’s fon was in Scot­land, even when he was at the gates o f Edinburgh.— A t firft, indeed, I did not wonder at people’ s incredulity.— H isM a- jefty’s government has been fo eafy to all forts of men,— even the Papifts and non­jurors h a v e m et w ith fo much indulgence,

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that it could not be eafily believed, that the pretender, or either of his fons, would think of landing in any o f the Britifh do­minions, without a confiderable foreign force for his fupport; and much lefs could it be believed, that any of his Majefty’ s fubje&s, who were living in fuch eafe and fecurity at home, would give him encou­ragement fo to do, by promifes to jo in him upon his landing.

This, my Lords, was perhaps the rea- fon why the government was fo ill pro­vided o f a fufficient military force in the North of Scotland, to oppofe the rebels at their firft appearance in arms j and was a reafon for the incredulity that at firft pre­vailed among the people here. But the long and obftinate continuance of that in­credulity convinces me, that even here in England the rebels have many friends, and that by them this incredulity was pro­pagated among the people, in order to prevent the friends of the governmentfrom taking proper meafures for their own fecurity. Your Lordfhips have therefore great reafon to fhew the utmoffc unanimity upon the prefent occafion, and to exprefs your zeal for the fupport of our prefent happy eftablifhment in the ftrong- eft terms that our language will admit of.M y Noble friend has, in my opinion, made an excellent choice, and for that reafon I flood up to fecond his motion; but if any o f your Lordfhips can add flrength to his expreffions, I fhall readily agree to whatever may be propofed for that purpofe. A l l I defire is, that you may, upon this occafion, appear as zealous and unanimous as poffible ; becaufe it will prevent the rebels from being joined b y any o f their friends in England. A n d this I defire, not from any apprehenfion I have of the event, fuppofing they were joined by all the friends they have here ; but becaufe I think it mav tend towards

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putting a more fpeedy end to the rebelli­on ; which, in the prefent fituation of theaffairs of Europe, is of the utmoft concern to this nation.

If I thought otherwife, my Lords; i fI thought the event of the prefent rebel­lion in the leaft doubtful, I fhould then indeed be under the molt terrible appre-lienfions: I fhould think the life and e-

3 A a flaw?

35 6 Proceedings o f the Po l i t i c a l C l u b . Aug. i 746.itate o f every Lord in this houfe at (lake ; for I am convinced, no one o f your Lord­lhips would fubmit to hold either life or eitate upon the abje£t terms of being the flave of Popilh Pnefls and French favou­rites. N a y , fuppofing we were in no dan­ger o f Popery or flavery, yet I fhould dread the confequences o f this rebellion’s being ciowned with fuccefs: for the old maxim is certainly a true one, Regnabit multo /anguine, qui ab exilio in coronam <ve- rnr it.

M y Lords, it is not the prefent fituati-©n o f our domellick affairs alone, that re-/ 9 quires our unanimity and zeal upon the prefent occafion ; the prefent fituation of our foreign affairs renders it equally ne- cefTary for us to convince the world, that w e are firmly refolved to fupport his M a - je l ly againiì hi3 domeftick as well as his foreign enemies. Your Lordfhips are all, I believe, convinced, that i f an effectual itop be not put to the ambitious views of the houfe of Bourbon, the liberties o f E u ­rope mull be undone; and I believe you are all equally convinced, that no effe&u- al flop can be put to the views o f that houfe, without the powerful interpofition o f this nation. Could this be expe&ed from the pretender, fhould he be advan­ced to the throne of thefe realms ? N o , m y Lords: for the fake o f enflaving us, and cramming his own fuperflitious reli­gion down our throats, he would certain­ly follow the footfleps o f his father ; ra­ther than be interrupted in this defign, he would join with that ambitious houfe in forging and riveting the fetters o f E u ­rope: and therefore, i f our allies abroad, or thofe who may now incline to be our allies, fhould fee the leafl caufe to fufpeft fuch an event, they would defpair o f be­ing able to oppofe the prefent fchemes of France ; confequently, every one of them would endeavour to make the befl terms they could for themfelves, and trull to pro­vidence for what might happen hereafter.

From hen ce , , m y Lords, w e may fee the danger o f giving the powers o f E u ­rope the Ieall caufe to fufpedt, that the re* bellion in Scotland is countenanced b y a- uy party in this houfe. Such a fufpicion would put an immediate Hop to that in­fluence w h i c h his M a j e i l y m a y be fu p p o -

fed to have in the courts of Europe ; and would not only prevent our acquiring any new allies againlt France, but would de­tach from us all or moll o f thofe allies that have now declared openly in our fa­vour. T h e Queen o f Hungary and the K in g o f Sardinia, would be obliged to fub­mit to fuch terms of peace as (hould be prefcribed to them by the houfe of Bour­bon ; the Emperor would become a fort o f Vicegerent under the court o f Ver- failles; and. the Dutch would blindly fol­low the directions o f that court, in order to prevent their country from being over­run, and to preferve that fhevv of fove- reignty they are now poffeffed of.

I f Europe fhould be reduced to thefe melancholy circumflances, our zeal for the fupport o f our prefent happy eftablifh- ment would be o f very little fignification; for tho’ his Majefly fhould get the better o f the prefent rebellion, he would either be obliged to hold his crown as a fief of the kingdom of France, or the pretender would be impoled upon us by the united force o f E u ro p e; which is certainly a force that we could not refill. Even our navy, m y Lords, would, in fuch a cafe, prove but a feeble defence ; for if the French fhould get the fupreme diredion o f all the courts in Europe, it would foon be in their power to overmatch us at fea; and then they might fend the pretender with fuch a numerous army as would pre­vent any oppofition. But all thefe fatal confequences will, I hope, be prevented by your Lordfhips unanimoufly agreeing to thofe warm teftimonies of your zeal which m y Noble friend has fo feafonably propofed ; therefore I fhall add no more, but conclude with feconding his motion.

7'he /peecho/P. Ventidius, in the charafiero f the E a rl o f Weilmoreland, tbt lujlmade on this occafion.

My Lords,

I D o not rife up to oppofe the motion now before you, or to propofe any a-

mendment, but to put your Lordlhips in mind o f your duty. I wilh the fpirit of our ancellors could be revived. I f it were, your Lordfhips would not think fo much of m aking a carmen Jecularet now becomefo uiual at j hc beginning of every fe$onf

as

A u g 1746- Proceedings of the P o l i t i c a l C l u b . 357as of performing your duty to your King and country, by giving his Majefty your belt and molt lincere advice. 1 lhall al­ways be ready to give a teilimony of my zeal for my country’ s honour and my fove- reign’s fervice ; but I defpife that fort o f teltimony, which is more proper for a drawing-room than for this affembly. Fawning exprelfions, and well-turned pe­riods of praife, may come well enoughfrom a Page of the Back ltairs; but aie below the dignity o f a Lord of parliament. It is now, my Lords, no time for diflimu- lation. W e are the hereditary couniellors of our fovereign, and not only have a right, but are in duty bound to offer him our advice in all arduous affairs. This ihould be the teftimony, this would be the molt proper teitimony of our zeal for the fupportof the prefent happy eltablilhment:therefore I wifn the Noble Lord had con­cluded his motion with recapitulating fome of thofe grievances which the people have long complained of, and with an ad­vice to his Majefty, that it is now become necefTary to give them fome fatisfadtion.

T h e fpirit which upon the prefent oc­cafion has appeared fo generally without doors, could not but be agreeable to every man who has a regard for our prefent hap­py eltablilhment. But, my Lords, if we confider from whence that fpirit arofe, we mull conclude, that its continuance is not to be depended on, unlefs a beginning, at lealt, be made in giving fatisfadtion to the people with refpedt to thofe grievances they have fo long, fo loudly, and fo gene­rally exclaimed againlt. W hat is the rea­fon that has made the people appear fo un­animous and fo zealous in fupport o f his Majelty’s throne, againll the attempt now carrying on for its overthrow ? It is, my Lords, the regard they have for the con- llitution and liberties ol their country. T h ey think they can have no dependence upon the promifes made them by the pre­tender ; but they have hopes that his M a ­jelty will take the firft opportunity to re­move every grievance which may be of dangerous confequence to their liberties. If they fhould at thiscrifis find themlelves dilappointed in thefe hopes, it may force them into a dependence upon thofe promi­fes ; and the conference of (hit might be

fatal to his Majefty and his family. Isnot this a danger which his Majefty ought in common prudence to prevent ? Can a- ny thing be a greater teftimony of our zeal for his fupport, than our advifing himto prevent his being expofed to this dan­ger ?

When I talk o f grievances, I cannot but obferve a fort of condudt in fome Lords, which to me feems very extraordi­nary. When they are not employed in his Majefty’ s fervice, they fhew a due re­fpedt to their fovereign, by avoiding as much as poflible to bring his name into a- ny queftion that happens in this houfe: but as foon as they are employed by his Majefty ; that is to fay, as foon as he has given them any beneficial poft or employ­ment; they lofe that refpedt which is dueto their fovereign, and endeavour to bring his name into every debate. This is the very cafe at prefent. T h e Noble Lord who made you this motion, has given us fuch an encomium upon his Majelly’s reign, that if it were to be applied to mi- niiiers, it would be ridiculous to talk of grievances ; but I am perfuaded the No­ble Lord did not mean it fo, becaufe I have heard him complain of the condudi of fome late minifters as bitterly as any Lord in this houfe. I muft therefore beg leave to drop his Majefty’ s reign, which, fo far as relates to his own perfonal con- dudt, has certainly been moll mild ard j u f t ; and i f it were polfible for him to go­vern without minifters, I am perfuaded his people would never have any grievance to complain of. But furely that Noble Lord will not fay, that the people never had a juft ground of complaint againlt any o f our late minifters. Is it not notorious, that ftate-crimes of a very heinous nature have been committed by minilters ? Is it not as notorious, that thofe minifters have been protedted and fcreened from publick juftice by the influence o f other minifterb ? Is it not apparent, that our conllitution is in the moll imminent danger o f being un­dermined and blown up by minilterial corruption ? and have not all provifions againft that fort o f corruption been reject­ed by the influence of thofe who had made, or intended to make it the chieffupport o f their adminiftration ?

I

358 Proceedings o f the P o l i t i c a l C l u b . Aug . i 746.J (hall grant, my Lords, that our mini-

flers have given a moil plenary indulgence to all fe£ts of religion, and even to thatft£t which pride themfelves in proleffing to have no religion. Whether they may claim this as a merit, I do not k n o w : bat 1 am fure they cannot claim as a merit, their having given fuch a plenary indul­gence to Roman C ath o licks; for tho’ I ihall always be againft perfecuting thofe who have the misfortune to be bred up in that religion, yet I think our government ought to take as much care as poflible, that his Majefty’s fubje£ts may not be bred up in, or converted to that religion. T h is they ought to do, rot fo much fiom a re­ligious, as a political confideration; be- caufe by the very principles o f that religi­on, tho’ thofe that profefs it may be quiet, they can never be faithful fubje&s to his Majefty. Y et , under a late admi- niftration, we know, that thofe of chat re­ligion were as much indulged as if their religion had been comprehended in our a&o f toleration. T h e refort to the Popifh chapels o f foreign miniiters was openly perm itted; many private mafs-houfes, tho’ well known to be fuch, were indul­ged ; and multitudes o f Prielts and Jefuits were allowed to fpread themfelves over the whole ifland. N ay, the minifter feem- ed to have entered into an alliance with the Roman Catholicks; the conditions o f which were, T h a t i f they would fupport him in elections, he would, by his foie au­thority, fufpend all the penal laws againft them. T h is was certainly very difagree- able to the people; and from what has r o w happened, we may judge, whether it was agreeable to his Majefty’s fervice.

Our minifters therefore, m y Lords, have no great merit to plead from the in­dulgence they have allowed to all fe&s o f religion. T h a t which was eftablilhed by la w, they were obliged to a l low ; and that which they have allowed contrary to law, was inconfiftent with his Majefty’s fervice, as well as difagreeable to a great majority o f his people. T h e n as to the eafe and fecurity which the people have enjoyed with refpedt to their liberty and property, do our minifters plead merit from their not having been guilty o f murders, rob­beries, or falfe imprisonments ? A r c fuch

crimes committed by minifters in any ar­bitrary government whatever? But can it be laid, that the people of this nation enjoy eafein their properties, when they are moreheavily taxed than the people of any coun- try under the fun ? Can it be faid, thatthe eafe of the people was confidered bythofe minifters, who were every year load­ing them with the expence of ufelefs Hand­ing armies, and more ulelefs Spithead ex­peditions ? Perhaps it may be faid, that the prefent rebellion muft convince us, that Itanding armies are not ufelefs. But, in my opinion, it is a clear proof of the contrary. I f care be taken to preferve the affe&ions o f the people, and to have a well-difciplined and well-armed militia in every part of the ifland, it will always bs more effe&ual than a Handing army, for preventing invafions or infurre&ions; be- caufe we cannot have a numerous (land­ing army in every corner of the kingdom. But our conduct has been quite the reverie. W e have continued and increafed the dif- affedtion in that part of the country wherethe rebellion broke out, by difarming the people, friends as well as foes; and we withdrew all our troops from thence, at a time when our miniiters could not but know, that our enemies would fend arms to the difaffe&ed, and that our friends in that country had no arms to defend ei­ther themfelves or us. I fhall not affirm, my Lords, but I muft fay, that fuch a con- d u d looks as if our minifters intended there Ihould be a rebellion in that country.

But to return, my Lords, to that eafe and fecurity which the people have enjoy­ed in their liberties and properties. Sure­ly, when the Noble Lord made this a part o f his encomium, the Spanifh depredati­ons had flipt entirely out o f his memory. I f the people enjoy fecurity againlt do- meftick depredations, it proceeds from the prudence and diligence o f our judges and minifters o f juftice; but againft foreign, depredations they can be fecured only by our minifters o f llate: and when we con­sider, that the moft valuable part of our people, meaning our merchants and fea- men, were, for almoft twenty years toge­ther, plundered by the Spaniards with im­punity, can we applaud our minifters forthe care they have taken, that the peo­

ple

A u g.1746* Proceedings o f the P o l i t i c a l C l u b . 359* #

pie mould enjoy their properties in fecu- rity ? I f the perfonal liberty of private men be better iecured in this country than in molt others, no thanks to any o f our late minifters; betaufe it is owing to a law which was eftablilhed before any o f them were born, or at leaft before mod of them were born; and it is a law which they have taken care to get fufpended, as often as they could find the leaft pretence for fo doing : therefore I would not ad- vife any Lord to boaft much of their re­gard for the perfonal liberty of private men, becaufe we may very foon fee a bill brought before us, for fufpending that fa- lutary law upon this occafion, tho’ there is now no more neceflity for it than there often was in the reigns o f K. William and Q. Anne, during all which time it was never once fufpended, except for fix or fe- ven months juft after the revolution.

But o f all things, my Lords, I am mo ft furprifed to hear it faid, efpecially by the Noble Lord who made you this motion, that our minifters have never of late years made ufe o f the prerogative for invading the liberties of the people. I wifti the Noble Lord had left this affertion for his Noble friend who feconded the motion. But let it be afferted by whomfoever it will, no man can agree to it, who has e- ver read the late famous report o f the fecret committee o f the other houfe * . Does it not from that report appear, that the publick money, and the pofts and places in the difpofal o f the crown, were lately made ufe of for corrupting the e- ledtions of members o f parliament ? Was not this making ufe o f the prerogative for invading the liberties of the people ? Was it not one of the moft dangerous forts of invafion that can be made upon the liberties o f the people ? M y Lords,when any bad ufe is made o f his preroga­tive, we are never in this houfe to lay it to the charge of our fovereign ; and in this cafe, 1 am convinced, that his Maje­fty knew nothing of the bad ufe that was made of his prerogative. I f he had, it would be inconliftent with our conftituti- on to fay fo : therefore his Majefty’s name ought never to be introduced into any o f our debates. For this reafon, when

*^.1742,^.240, 89. 317, 29, 47, 54.

any LorU tranfgrefles this rule, by giving us an encomium upon any part of his M a ­jefty’s conduct, we are obliged to fuppole he means it as an encomium upon the conduft of his Majefty’s minifters, in or­der to have the liberty o f examining it impartially, and cenfuring it freely, i;i cafe it happens not to be juft.

I wifh both the Noble Lords had faved themfelves the trouble of making fuch high encomiums upon our late conduft; for I am fenfible, that at the prefent cri- fis it is not very prudent to rip up old fores, or to remind the people o f their grievances: but when fome Lords affert fo generally and fo pofitively, that no wrong thing has been done by our mi­nifters during the whole courfe of his M a ­jefty’s reign, it becomes the duty of thofe Lords who think otherwife, to give their opinion, and the reafons for their opini­on. As I am one of thofe who have no great opinion o f the condudl of any o f our late minifters, when I heard their condud fo highly applauded, I thought it my duty to declare my opinion; ar.d the performance of this duty I thought the more neceflary, becaufe we cannot, upon this occafion, give his Majefty a proper advice, without examining into the pall errors o f his minifters. When our houfe is on fire, furely the firft thing we ought to do, is to remove all thofe mate­rials that may contribute towards increa- fing the conflagration ; efpecially when the removal of fuch materials can no way obftruft or retard our extinguifhing the flames-in that part already on fire.

Whilft the rebellion is in its infancy, and at a diftance, the people may have their reafons for appearing very loyal; and may have reafons which are not fo much founded on principles o f loyalty as upon principles of felf intereft : but do your Lordfiiips think, that a people who have for twenty years been complaining of grievances, will fincerely, heartily, andgenerally, join in fupporting a govern­ment that does not appear inclined to give them any redrefs ? W e know, my Lords, what the people murmur at, we know what dangers they think they are ex'po- fed to, and we know the laws they thir.lcneceflary for guarding againft thofe dan*

fieri.••

360 Proceedings o f the P o l i t i c a l C l u b . Aug. 1746,gers. A t this crifis, let us begin with do­ing juilice to the publick, and with paf- fing thofe laws which for twenty years the people have generally been crying a- loud for. Let usadvife his lylajefty, that fuch things are now become abfolutely neceflary ; and I hope the minifters will fecund our advice. T h e Noble Lord talk­ed o f the ingratitude of the rebels: when he mentions ingratitude, he fhould think o f what the minifters will be guilty of, Ihould they refufe to give fatisfadtion to the people. T h e people have generoufly and generally refolved to fupport them a- gainll the prelent rebellion, tho’ I am iure it cannot be faid, that the people had jreafon to put any confidence in our mini- ilers, either o f the new or old ilamp. W hen the people have fhewed fo much generofity, and have placed fuch an un­merited confidence in our minifters, fure- ly it would be the utmoft ingratitude in them, not to concur in any meafures that might give fatisfudlion to the people, with refpedl to the dangers they think their li­berties now expofed to.

None o f yuur Lordfhips can be igno­rant, that before the breaking out of the prefent rebellion, the chief danger appre­hended by the people without doors, was that o f a corrupt dependency in parlia­m en t; and whiilt the people fufpedl, that brth houfes are under a corrupt depen­dency upon the crown, it fignifies very little to tell them, that parliaments aree* very year regularly aflembled ; for i f thatbe the cafe, the liberties o f the people can derive no greater fecurity from the regu­lar meetings of parliaments, than from the regular meetings o f the cabinet-coun- cil. T h e people in France might, in that cafe, infift upon having as much liberty as the people in F-ngland ; becaufe in France their parliaments, or conventions o f the ftates, meet as regularly as the parliaments do in England. Therefore it can fignify very little, to tell the people, that we have every year had parliaments regularly affembled. And while this fuipicion remains, it can fignify ftill lefs, to tell the people, o f his Majefty ’s being ready to redrefs every grievance prefcnt- ed to him by either houfe o f parliament;b c ta u fe if b o t h houfes be uodgr Jfuch a

dependency, every man of common fenfe mull forefee, that no grievance will everbe laid before his Majefty by parliament,unlefs it be fuch an one as the miniflers themfelves have refolvcd to get redrefTed; confequently, the people in this country could have no greater fecurity for the re­drefs of any grievance, than the people have in France, or in any other arbitra­ry government.

F'rom hence, your Lordfhips cannot butfee, that this apprehenfion muft have great weight with every thinking man in thekingdom. And tho’ here about Londonit may be overbalanced by the apprehen- fions people have from the fuccefs of the rebellion, with refpedt to their property in the funds ; yet, in the country, I fear it is not fo ; or, at leall, that it will not be generally fo, fhould people fee a few weeks of this feffion pafs over, without any tHing efFedual being done for fecuring them a- gainft a corrupt dependency in parliament. T h e people have moll heartily and moll unanimoufly declared for fupporting hisM ajefty ’s government; but I am per­fuaded, this was in a great meafure ow­ing to their hopes, that as foon as the par­liament met, fome proper laws would be pafled, for removing thofe grievances they have fo long in vain complained of, and for obviating that danger they fo jultly apprehend. I f they fhculd find them­felves difappointed in thofe hopes, God knows what effedt it may have upon the minds of the people, what a turn it may give to the fpirit which now fo luckily prevails. Therefore I think we fhould, even in our addrefs upon this occafion, in* fert fomething for giving the people an aflurance, that fome fuch laws will be paffed in the courfe o f this fefiion. And this may be very properly done, by offer­ing it as our advice to his Majeily, that immediate fatisfadlion ought to be given to the people, with refpedl to all thofe grievances they think themfelves fubjedt or expofed to. This will contribute moretowards ftrengthening his Majefly’s influ­ence at foreign courts, than any eulogi- um we can compofe : for that influence muft always depend upon the opinion fo­reign courts have of the union between his M ije f ty and his people; and however ex-

travajjant

A u g . 1 7 4 6 * Speeches made to the Duke at York. 3 6 rtravagant fome may think fit to be in the expreflions o f their zeal upon the prefent occafion, no foreigner of common fenfe will believe thole expreffions to be gene­rally fincere, or that union to be latting, if he fees no Hep made towards removing thofe grievances which he knows the peo­ple have been murmuring at for above twenty years.

M y Lords, I have upon this occafionlaid my fentiments before you with the more freedom, becaufe I hope no one will fufpeCt my zeal for the fupport of cur pre­fent happy eftablilhment. Revolution- principles are thofe I have always profef- fed ; and upon thefe principles I mult think it my duty, at fuch a dangerous con­juncture, to talk freely, as well as fincere­ly, to my fovereign. I never pretended to ?ny knack at panegyrick-making : but were I as good at it as Pliny, Boileau, or any of thofe mercenary panegyrilts that are ufually entertained by arbitrary fove- reigns, I lhould think, that, at fuch a dan­gerous crifis, a fincere and right advice would be a better teftimony o f my zeal for my fovereign’ s fervice, than the molt ele­gant and belt-turned panegyrick upon the wifdom, the jultice, the mildnefe, and le­nity o f his reign ; and I am fure it would be much more conMent with the dignity o f this houfe, and more conformable to the example o f our ancel'tors upon allfuch occafions.

[This 'Journal to he continued.]

*[he Arcbbifhcp of York's fpeech to the Duke.See p. 342.

PErmit me, Sir, in the name o f my bre­thren, the clergy of this diocefe and

province, (the King’s ever-faithfui fub- jeCts), to teltify to your Royal Highnefs their exceeding joy at your happy and victorious return out o f the North.

I want words to exprefs the fulnefs of our grateful hearts on this occafton, andtherefore I (hall not attempt it.-----Yourconduft, Royal Sir, has been glorious; and tho’ the things you have done for the nation are Angularly great, your manner of performing them is ft ill more to be ad­mired. You have reltored the publicktranquillity at a very critical fejifoj), and

vV q l , V U [ .

done it, Sir, as became your high chara­cter in every amiable light. Courage is almolt natural to a young prince, and is inherent in your Royal blood. Activity andinduftry are often conltitutional. But to plan a great defign maturely at a peri­lous conjuncture ; to execute it with all the coolnefs, and caution, and providence of an old General, aCluated with the nre and exertion o f a young one ; to ufe mo­deration and modefty in fucgefs ; and, in the midlt o f victory, (where obdurate per­fidy did not call for exemplary punifh-ment), to treat unnatural and unprovoked rebels to the belt government in the world, as deluded iubjeCts: — Thefe are things, Sir, which truth obliges me to fay, (tho’ unpolitely in the hearing of your Royal Highnefs), Ihew the greatnefs of your un- derltanding, and the goodnefs of your heart; which make every fubjeCt o f Great Britain not only admire, and love, and ferve you, as the fon of their Royal m a­iler, and the brother of their beloved Prince; but truft and depend upon you, as the happy inltrument o f heaven to fave, and protect, and raife the honour of the nation.

G o on as you have begun, Great Sir,in the paths of virtue and true glory : and may the good providence o f God always go along with you, direCt all your coun­cils, cover your head in the day of battle, and, as you fight the caufe of truth and liberty, give uninterrupted fuccefs tg all your undertakings.

The fpeech made by Mr Recorder o f York tQ the Duke. See p. 342.

May it pieafe your Royal Highnefs,

T H E city o f York begs leave to con­gratulate your Highnefs on your

faie arrival here, lecure from thofe dan­gers, which, for the fake of your country only, you expofed yourfelf to ; and to exprefs their fenfe of the honour done them by being admitted into the prefence o f their immediate deliverer from all thefe evih which Popery and fiavery threaten­ed ; the preferver of all thofe bleffings to us, which, under his Majefty's molt aufpi- cious government, we have in every cir- cumftance o f life the full enjoyment of.

This tity, had they had a more timely3 no lice

%

✓

3 6 2 The oaths of allegiance and abjuration. A u g . 1 7 4 6 .notice o f the honour your Royal Highnefs now does them, would have attempted to have received your Highnefs in a manner m ore agreeable to what they intended; but, at prefent, can only, as a fmall tefli- m ony o f their duty to his Majefty and his family, and as a fmall acknowledgment o f what they owe perfonally to your Royal H ighn efs, beg your acceptance o f this box, and to permit them to inrol your name as a member o f this city : an ho­nour our ancellors have in no times ever equalled, and which our poilerity muft ever with gratitude and duty remember, fo long as his M ajefty ’ s family fhall con­tinue upon the throne o f thefe kingdoms, and your Royal Highnefs’ s glorious and heroick a d s fhall be remembered ; which w e moft fincerely wifh may be as long as time itfelf (hall endure.

# ■

The oath o f allegiance.

J A B do fincerely promife and fwear, T h a t I will be faithful, and bear true

allegiance to his Majefty K ing George theSecond. So help me G o d .

The oath o f abjuration.

[ N . B . The alterations indulged to M ini-flers o f the church o f Scotland by an a£l 5 0 G e o . I. [p. 373 ] , are fubjoined.J

Ì A B do truly and fincerely ackn ow ­ledge, profefs, teflify, and declare, in

m y confcience, before God and the world, T h a t our fovereign Lord K ing George the Second is lawful and rightful K ing o f * this realm, and all other his M ajefty ’s do­minions b and countries thereunto belong­ing. And I do folemnly and fincerely declare, T h a t I do believe in my confci-

„ ence, that the perfon pretended to be Prince o f Wales during the life o f the late K in g James, and fince his deceafe pre­tending to be, and taking upon himfelf the flile and title o f K in g o f England, b y the name o f James the Third, or o f Scotland, b y the name o f James the Eighth, or the flile and title o f K ing o f G r e a t Britain, hath not any right or title whatfoever to the crown o f this realm, cr any other the dominions thereto belong­ing : and I do renounce, refufe, and ab­jure any allegiance or obedience to him,

0 •

And I do fwear, T h a t I will bear c faith and true allegiance to his Majelly King George the Second, and him will defend, to the utmoft o f my power, againfl all traiterous confpiracies and attempts what­foever, which fhall be made againft his perfon, d crown, or dignity. And I will do my utmoft endeavour to difclofe and make known to his Majefty, and his fuc- ceffors, all treafnns and traiterousconfpira- cies which I fhall know to be againit him, or any o f them. And I do faithfully pro­mife, to the utmoft of my power, to fup­port, maintain, and defend the fucceffion o f the crown e, againft him the faidjimes, and all other perfons whatfoever; f * which fucceffion, by an a£t, intitled, AnaSi for the further limitation of the crown, and better fecuring the rights and liberties ofthe fubjedi', is and (lands limited to the Princefs Sophia, Ele<flrefs and Duchefs dowager of Hanover, and the heirs of her body, being Proteftants. And all thefe things I do plainly and fincerely acknow­ledge and fwear, according to thefe ex- prefs words by me fpoken, and according to the plain and common fenfe and un- derftanding o f the fame words, without any equivocation, mental evafion, or fe- cret refervation whatfoever. And I do make this recognition, acknowledgment, abjuration, renunciation, and promife, heartily, willingly, and truly, B upon thetrue faith o f a Chriftian. So help meG o d .

a Great Britain, in fie ad o f this realm.b and countries, left out.c faithful, infiead o f faith.d and govern m en t, injlead o f crown, or

d i g n i t y .e in the heirs of the body of the late

Princefs Sophia, Eledtrefs and Duchefs of Hanover, being Proteftants, inferted.

f which fuccefiion, & c .— to Proteftants,left out.

e upon the true faith o f a Chriftian,k f t out.

* In the a ft 6° Annae, for the better fe­curity o f her M a j e f l y ’s perfon and go­ve rn m e n t, w hich appoints a ll officers c h it and military in Scotland\ nvho before were obliged to take the allegiance and cffurance,to take lifow ife the abjuration; — and in

ihti

A u g . 1 7 4 6 . 'The ciffurance and oath of fupremacy. 3 6 3the toleration-aft, io°Annae, to preventthe dilturbing thofe of the Epifcopal com ­munion in Scotland, & c . which appoints all Minifters in Scotland, either o f the ejla- bhjhed church, or of Epifcopal congregations, to take faid three oaths, and to pray n'>mi-natim,------ infiead of, which fucceffion,by, & c. the words are, as the fame is and ftands fettled by an a£t, intitled, An aftdeclaring the rights and liberties o f the fib- jeft, and fettling the fucceffion o f the crown to her prefent Majejiy, and the heirs o f herbody, being P rot eft ants; and as the fame by one other adit, intitled, An aft for thefurther limitation of the crown, and better fecuring the rights and liberties of the fub-jeft, is and itands fettled and entailed, after the deceafe of her Majefty, and for default o f iffue of her Majefty, to thePrincels Sophia,& c .— An aft in the \flyear of K George I. in regard “ that divers good Jubjefts [particularly Prefbyterian Miniflers] had fcrupled to take this oath, apprehendingthat the reference, as the fame, fc, might be conjlrued in fome refpeft to be inconfijìent with the ejìablijhmtnt of the church in Scot­la n d " enacts, uThat by no words in the fa id oath or oaths, formerly impofed, contained, it is or was meant to oblige his Majejiy s fa id

fubjefts to any aft or afts any ways incon- ftfient with the eflablifkment o f the church of Scotland according to la w ."— To the pe­nalties and difabilitiei to which thofe who negleft to take the oaths are fubjefted by theaft 1 o° Annae, p. 366,7. the aft i ° G eo.f .adds, the incapacitating them to vote at eleftions.— The aft 50 Geo. I. appoints the abjuration, as altered above, to be taken, not only by all Miniflers o f the church o f Scot­land ; but likewife by a ll expeftants in di­vinity, before prejenting themfelves in orderto be licenfed to preach, on pain o f f ix months imprifonment, and of being incapable to en­joy any benefice for a year after they (halltake the oaths.— Minijiers before they be or­dained, and probationers before they be licen­fed, are obliged to produce certificates o f their having taken the oaths, figged by the clerk of court where they are taken and recorded, on pain o f incurring the legal penalties anddifabilities. By the aft 5 ° G e o . I . M ini­

jiers of the church o f Scotland are pardoned for not having taken the oaths in obedienceto farmer aft*; but art required to take

4

them on or before the \ft o f June 1 7 1 9 .An aft is however ujually poffed every fef- fion, indemnifying per Jons who have omitted to take the oaths, and allowing Jurthtr time

for that purpofe.— N . B. The allegiance and abjuration, are to he takfn andJubfcribed> the affurance is to be only fubferibed.

The affurance.

I A B do, in the fincerity o f my heart* affert, acknowledge^ and declare,That

his Majelty King George the Second isthe only lawful and undoubted fovereign o f this realm, as well de jure , that is, o f right, King, as de fafto, that is, in the poffefTion and exercife of the government;and therefore I do fincerely and faithfully promife and engage, T h a t I will, with heart and hand, life and goods, maintain and defend his Majefty’s title and govern­ment, againlt the perfon pretended to be Prince o f Wales during the life of the late K ing James, and fmce his deceafe pretending to be, and taking upon him- felf the ltile and title o f K ing o f Eng­land, by the name of James the T h ird , or o f Scotland, by the name of James the Eighth, or the itile and title of K in g of Great Britain, and his adherents, and all other enemies, who, either by open or fecret attempts, fhall diiturb or dif- quiet his Majefty in the poffeffion and ex­ercife thereof.

The oath o f fupremacy.

I A B do fvvear, T h a t I do from m yheart abhor, deteft, and abjure, as im­

pious and heretical, that damnable do­ctrine and pofition, T h a t princes excom­municated or deprived by the Pope, or any authority o f the fee of Rome, may be depofed or murthered by their fubje&s, or any other whatfoever. And I do de­clare, T h a t no foreign prince, perfon, prelate, ftate, or potentate, hath, or ought to have any jurifdi&ion, power, fuperio- rity, pre-eminence, or authority, ecclefia-ftical or fpiritual, within this realm. So help me G od .

The formula againjl Popery.

I A B do folemnly and fincerely, in the prefence o f God, profefs, tellify, and

declare, T h a t I do believe, t h a t in the3 B z facra-

♦ 1

364 The formula againft Popery. Aug. 1746.facrament of the Lord’s fupper there is not any tranfubftantiation o f the elements o f bread and wine into the body and blood o f Chrift, at or after the confecration thereof by any perfon w hatfoever; and that the invocation or adoration o f the V ir g in M ary, or any other faint, and the lacrifice o f the mafs, as they are now ufed in the church of Rome, are fuper- ititious and idolatrous. A nd I do folemn- ]y, in the prefence o f G od , profefs, telli- f y , and declare, T h a t I do make this de­claration, and every part thereof, in the plain and ordinary lenfe of the words read unto me, as they are commonly under- ftood by Englifh Proteftants, without a- ny evafion, equivocation, or mental re- fervation whatfoever, and without any difpenfation already granted me for this purpofe by the Pope, or any other autho­rity or perfon whatfoever, or without a- n y hope o f any fuch difpenfation from a- n y perfon or authority whatfoever, or without thinking that I am or can be ac­quitted, before G o d or man, orabfolved o f this declaration, or any part thereof, although the Pope, or any other perfon or perfons, or power whatfoever, fhould difpenfe with, or annul the fame, or de­clare that it was null and void from the beginning.

N . B. The Sco/s Peers, at their eleflions,take the allegiance and fupremacy ; make, repeat, and fubfcribe the above declaration, or formula ; and take and fubjcribe the ab- juration.

A b f t r a d o f the a£t decirno nono Georgii II.intitled, An a£i more ejfedually to prohibit and prevent Pajiors or Minijiers from of­

ficiating in Epifcopal meeting houfes in Scot­land, without duly qualifying themfelves according to la w ; and to punijh perjons fo r reforting to any meeting-houfes where fuch unqualified Pajiors or Minijiers fh a ll of­

ficiate.

WHereas it is notorious, that for ma"ny years laft paft, during the reign

o f his prefent Majefty, and o f his late M a ­jefty K . George I . a great number o f meeting-houfes have been fet up and main­tained in the city o f Edinburgh, and other pàrts o f Scotland, by perfons profeffing tob e o f the E p if c o p a l c o m m u n io n , w h e r e o f

the Paftors or Minijters have never taken the oaths to his Majeity, or his Royal fa­ther ; nor ever did, in exprefs words, du­ring the exercife o f divine fervice, pray for his Majefty, and the Royal family; by means whereof thofe illegal meetings have greatly contributed to excite and foment a fpirit o f difaffeÒtion amongft numbers o f perfons in that part of the kingdom, againft his Majefty ’s perfon and government; which hath been one of the caufes of the wicked and unnatural rebel­lion lately raifed and carried on againlt his Majefty, in favour o f a Popifh pre­tender : And whereas the abufe of fo much lenity and forbearance, as has been hitherto (hewn under the gracious and mild government o f his Majefty, and his Royal father, towards fuch nonjuring E- pifcopal Minifters, makes it abfolutely neceffary, that the laws in force concern­ing them be more punctually executed, and that fome further provifion be made, to prevent the continuance o f fo great a mifchief,— it is enaded,

T h a t all Sheriffs and Stewards, in Scot­land, and their deputies, and the magi- ftrates o f Royal boroughs, (hall, with all convenient fpeed, on or before the lit of N ovem ber 174 6 , inquire into the num­ber and fituation o f the Epifcopal meet* ing-houfes within their refpedive jurifdi- d i o n s ; caufe lifts to be made of them, and entered in a book by their clerks; and tranfmit true copies o f faid lifts to the clerk o f each houfe o f parliament, to be laid before faid houfes refpedively at their next meeting.

T h a t every perfon w ho now is Paftor or Minifter o f any Epifcopal congregati* on in Scotland, fhall, on or before the ill o f September 1746, produce to the clerk o f the {hire, ftewartry, or borough, where his meeting houfe is fituated, a certificate from the proper officer, o f his having qualified himfelf by taking the oaths to his Majefty appointed by law, [i. e. theallegiancey abjuration, and affurance, p.362, 3 . ] ; of which certificate the clerk fhall forthwith make an entry, in the re- gifter-book o f the meeting-houfes in that jurifdidion,expreffing the Minifter'sname, and the fituation and defcription of hismeeting-h o u f e ; and IhaJj Ijkewife tranf-

m l

Aug. 1746. AbftraB o f the a ft concerning Epifcopal meetings. 365jnit copies of fuch entries to the clerk of each houfe of parliament, for the purpofe aforefaid; and he fhall likewife deliver two attefted copies o f fuch certificate to the Miniiler, (for each of which 6 d. fhall be paid, and no m o re); one to be fixed on the outfide o f his meeting-houfe, on or near the door; and the other, in fome confpicuous place within.

That every Pallor or Minifler who fhall, after faid ifl of September, officiate in a* ny Epifcopal meeting-houfe, fhall, as of­ten as he fhall fo officiate, at fome time during the exercife of divine fervice, pray for the King, his heirs, or fucccffors, by name, and for all the Royal family, in the fame form o f words as they are or fhall be directed to be prayed for in the liturgy of the church o f England.

That faid Sheriffs, Stewards, and theirdeputies, and magiflrates of boroughs, fhall, immediately after faid ifc of N o ­vember, forthwith fhut up the doors o f the houfes or other places where fuch E- pifcopal meetings have been or fhall be held, whereof thePaftor or Minilter fhall not have produced the certificate of his having been qualified as aforefaid, or wherein his Majefty and the Royal fami­ly fhall not be prayed for in the manner before dire&ed ; and fhall not again give accefs to faid houfes or other places o f meeting, till the proprietor or pcffefforenaft himfelf, with one or more fufficient fureties, in the proper court-books, un­der tool. Sterling penalty, for the K in g ’ s ufe, that he or fhe fhall not permit fuch houfe or place to be made ufe o f as an illegal Epifcopal meeting-houfe while he or flie continues proprietor or poffeffor thereof.

That if any perfon fhall, from and af­ter faid i l l of September, enter upon, or exercife the function o f a Paflor or M in i­iler of any Epifcopal meeting in Scotland, without having caufed his letters o f or­ders to be entered on record, or regifler-

ed ; or without having taken and fubfcri- bed the oaths, in fuch manner as all offi­cers, civil and military, in Scotland, are by law obliged to do ; or without having produced, and caufed to be entered, as before dire&ed, his name, place o f abode, the place where his meeting is to be held, and the certificate of his having taken and fublcribed the oaths as aforefaid ; or in cafe he fhall not, at fome time during di­vine fervice, as often as he fhall officiate as a Paflor or Minifler in any fuch Epi­fcopal meeting houfe, pray for his Maje- ity by name, CSV. as before diretted : e- very perfon fo offending in any o f the premiffes, being thereof conviCled before? any two or more Jultices of Peace, or before any other judge competent, fum- marily, fhall, for the firfl offence, fuffer fix months imprifonment; and for the fe- cond, or any fubfequent offence, being thereof convi&ed before the julliciary, or any of the circuit courts, fhall be tranf- ported to fome of his Majefly’ s plantati­ons in America, for life, and in cafe of his return into G.Britain, fhall fuffer ira- prifonment for life *.

And for afcertaining what fhall be deem­ed an Epifcopal meeting-houfe, any meet­ing in Scotland where five -f- perfons or more fhall be met together to hear di­vine fervice, over and befides thofe o f the houfhold, or i f it be in a place not inha­bited, \Vhere any fuch five or more per­fons fhall be fo met together, and where divine fervice fhall be performed by a Pa­flor or Miniller being of, or protefling to be o f the Epifcopal communion, every fuch meeting fhall be deemed to be an E - pifcopal meeting-houfe within the mean­ing of this a£t.

T h a t faid Sheriffs, Stewards, and their deputies, and the magiflrates o f R oyal boroughs, fhall, from time to time, make diligent inquiry concerning offences com­mitted againft this adl, or the other lawsnow in being concerning Epifcopal meet-

ing-

* By tht a FI 50 Geo. I. mentioned, p. 363, i f any perfon performed divine fervice in Mfty Epifcopal meeting-houfe in Scotland, without praying in exprejs words for the Kingp Sec. or without having taken the oaths, he was to fuffer f ix months imprifonment, an A the meeting houfe was to be fhut up fo r f ix months. But the hearers were not Jub~ jefled to any penalty.

f Eight were allowed by the aft 50 Geo. I . ; i f nine or m ix were prefent} ^ fidet the family, the meeting was illegal.

q66 Abflraff o f the a f t concerning Epifcopal m eetings . Aug. 1746.' W *

ing houfes in Scotland ; and whenever they (hall find, that any meeting-houfe within their jurifdidion, hath been fet up or maintained without fuch entry b e ­ing made as aforefald, or that the Pallor or Minifter officiating hath been guilty o f ntgleding to pray in exprefs words forhis Majefty, & c . in the manner before idireded, they are required to caufe fuch offences to be profecuted before them, to (hut up or otherxvife fupprefs fuch meet- ing-houles, and to inflid the legal penal­ties on the Minifters or Pallors officiating: A n d in cafe any information fhall be g i ­ven to faid Sheriffs, or i f it fhall o- vherwife appear to any of them, that any offence has been committed againft this a d , for which the penalty is tranfporta- tion, or imprifonment for life, then fuch Sheriff, & c . fhall caufe intimation to be ynade thereof in writing to his M ajefty ’ s Advocate for Scotland ; who is required to profecute the fame with effed.

T h a t if any perfon, after faid ift o f Se­ptember, fhall refort to, or frequent any Epifcopal meeting-houfe in Scotland, whereof the Pallor’ s or Minifter’ s letters o f orders (hall not be regiftered as afore-faid ; or whereof a certificate o f the Pa­llor’s or Minifter’s having taken the oaths, and his name, place o f abode, and the place where his meeting is to be held, fhall roc be entered, according to the diredions o f this a d ; or where the Paftor or M ini-iler fhall not pray, in exprefs words, forhis Majefty, (zfc. by name, as before d i­re d e d : every perfon fo offending, w hofhall not within five days give informati­on o f fuch illegal meeting to fome proper magiftrate, (hall, upon being convided be­fore any two or more Juflices of Peace, or before any other judge competent, fum- inarily, for the firft offence, forfeit 5 1. Sterling, one moiety to the King, and the other to the informer, and fuffer fix months imprifonment unlefs or until the fame be paid ; and for the fecond, or any fubfe-

quent offence, being convided before the judiciary, or any o f the circuit courts, lhall fuffer imprifonment for two years from the date o f convidion.

T h a t from and after faid 1 ft of Septem­ber, no letters o f orders of any Pallor or Minifter o f any Epifcopal meeting in Scot­land, fhall be admitted to be regiftered, but fuch as have been given by fome Bifhop of the church o f England or of Ire­land ; and in cafe any other letters of or­ders be regiftered, fuch regillration /hallbe void.

Provided, T h a t every profecutjon fora- ny offence againft; this a d fhall be com­menced within twelve months after fuch offence.

And vvhereas it is juft and necefTary to provide, that thofe who give reafon to fu- fped their being difaffeded to his Maje­fty ’ s perfon and government, and the pre­fent happy eftablifhment, by their refort­ing to fuch illegal meeting-houfes, where his Majefty is not prayed for in exprefs words, fhould be reftrained from the power o f hurting that eftablifhment to which they fhew fuch difaffedion, it is enaded, T h a t from and after faid 1 ft of September, no Peer o f Scotland fhall be capable of being eleded one o f the fixteen Peers to fit and vote in the houfe o f Peers in the par­liament o f G . Britain, or o f voting in the eledion o f any o f faid fixteen Peers; nor fhall any perfon be capable o f being elect­ed, or o f voting in any eledion of a mem­ber o f parliament for any ihire or borough in Scotland, or o f a magiftraie or counfel- lor for boroughs, or o f a Deacon of crafts within boroughs, or o f a Colledor or Clerk of the land tax or fupply, who fhall haveat any time within one year preceeding fuch eledion been twice prefent at divine fervice in any Epifcopal meeting in Scot­land, not held and allowed in purfuanceof the a d decimo Ann#, to prevent the dijiurb• ing thofe o f the Epifcopal com?nunion in Scot-/and, Sec. or which fhall not, after faid

il l

* By the a 5 1 here referred to, thofe o f the Epifcopal perfuafion in Scotland, are alhw eiio affemble fo r divine nxorjhip, to be performed after their ovon manner, by Pajiors or­dained by a Prote[iant Bifbop, and who are not ejlablifhed Minijiers o f any church or parijh, and io ufe the liturgy o f the church o f England i f they think f i t ; but every Mini-

fler called to an Epifcopal congregation, is, before he officiates, to prefent his letters of or­ders to the Jujiices o f P e a c e w h o fe clerk is to enter them on record» And a ll M in$ers

in\

Aug. 1746. Ahftratt of the aEl concerning Epifcopal meetings. 367ill o f September, be regiftered according to -the directions of this a d ; or where the Pallor or Minilter officiating did not, in exprefs words, pray for his Majefty, & c . by name, and for all the Royal fa m ily ; and it fhal! be competent for any Peer o f Scotland pr^fent at the ele£tion of faid fix- teen Peers, or of any of them, or for anycandidate or member o f the meeting af- fetnbled for any of the other eteCtions a- bove mentioned, to make this objection, and to prove the fame by a witnefs or ivit- relTes, upon oath, or by referring it to the oath of the perfon objected to ; which oath is to be adminiitered by the Lord Clerk Regifier, or either o f the two Cierks of StiTion officiating at fuch election o f a Peer or Peers, and by the Prefes or Clerk of the meeting at any of the other elt&i- ons; and in cafe the fame fliall be proved, or the perfon objected to (hall admit the fad, or refufe to depofe concerning it, he lhall be rendered incapable o f voting or being chofen at any fuch election as afore- faid. Bat fuch admifiion, or confeffion, upon oath or otherwiie, fhall not be made ufe of, or given in evidence againft any fuch perfon, upon any profecution for a- ny penalty infli&ed by this or any formerad.

That if any perfon, after faid ift of Se­ptember, either Peers or Commoners, who has or'fhall have any office, civil or mili­tary, in Scotland, fhall refort to an illegal Epifcopal meeting houfe in Scotland, and where the Paftor or Minifter fhall not pray, in exprefs words, for his Majefty, Ì5 c. by name, and all the Royal family, as before directed ; every perfon fo o f­fending, being thereof convicted before a­

ny two or more Juftices of Peace, or be­fore any other judge competent, fhall be dilabled from thenceforth to hold fuch of­fice, and adjudged incapable to bear any office, civil or military, in Scotland, for one year after fuch conviftion.

T h a t in cafe any of the faid judges or magilirates fhall be guilty of any wilful negledl or omiflion of their duty in tbc piemiil’es, they fhail forfeit 50 1. Sterling toties quoties, one moiety to the informer, and the other to the poor of the parifh where the offender fhall l>2 reiident fur the tim e; to be recovered by fummary co m ­plaint before the coutt of feffion, or b y profecution before the jufticiary or cir­cuit courts.

Abftrafl o f the aft decimo noro Georgti l£»intitled, An a d for the more effectual dif~ arming the highlands in Scotland, and for more effetiually Jecuring the peace o f the

fa id highlands ; and for refraining tht ufe o f the highland drsjs ; and for further indemnifying fuch perfons as have aded in defence o f his Majefiys perfon and govern­ment, during the unnatural rebellion; and

fo r indemnifying the judges and other offi­cers o f the court of jvjliciary in Scotland for not performing the Northern circuit ix May 1746 ; and for obliging the majitn and teachers of private fchotls in Scotland, and chaplains, tutors and governors o f children or youth, to take the oaths to his Majefiy, his heirs, or fucceffors, and to re- g if er the fame „

WHereas by the a£l primo Georgii J.for the more effectual fecuring the

peace o f the highlands in Scotland, it wasenacted, T h a t from and after the ift o f

• N o v e ra -f

in Scotland, either o f the etiablifhed church, or o f Epifcopal congregations, are to take theoaths to the government: othemvife their offices are adjudged to be void, and they are dif- abled to enjoy them ; and in cafe they exerce 'while under this legal dij,ability, they are fa r ­ther difabled to fue any attion, or to be tutors, executors, &C. and incapable o f any legacy or deed o f g ift, or to be in any office, and /hall forfeit 500 I. to be recovered by him or them that Jhall fue for the fame. Ihey are likevcije, during divine fervice in their rc~fpeftive churches and congregations, to pray in exprefs words for Queen Anne, ana the Princefs Sophia, while living, and a ll the Royal family. Every Minider neglecting fo to pray, is to forfeit 20 I. Sterling fo r the firfl offence. For a fecond offence, Minijiers of the efiablitbed church are to be ipfo fadlo deprived, and declared incapable o f any ec- clejtaliical living for three years; and Epifcopal Minijiers are from thenceforth to lofe the benefit o f the a£i, and to be declared incapable of officiating as Pafior o f any Epifca- fal congregation for three years. But none o f thefe penalties is to bs incunedt i f the p n -fe cut ion is not cmmncsd w ithin two months after tht ofjfente*

9 ♦ ♦ *

3 68 Abftraft o f the a ft f o r difarmings & c. Aug. 1746.N ovem ber 1 7 1 6 , it fhould not be lawful for any perfon (except thofe mentioned and defcribed in the ad) within the Ihire©f Dunbartain on the N orth fide o f the water o f Leven, Stirling on the North-fide o f the river o f Forth, Perth, Kincardin,Aberdeen, Invernefs, Nairn, C rom arty ,

; A r g y le , Forfar, Bamff, Sutherland, C a k h - nefs, Elgine, and Rofs, to have in his cu- flody, ule, or bear, broad fvvord or target, poignard, whinger, or durk, fide piftol,gun, or other warlike weapon, otherwife than in faid a d was direded, under cer­tain penalties; which a d having by e x ­perience been found not fufficient to at­tain the ends propofed, was further infor- ccd by the a d undecimo Georg it \. fo r more effeSIual difarming the highlands, See. :A n d whereas the a d Jaft mentioned, fo far as it related to the difarming the h igh­lands, is expired : And whereas many per­fons within the faid bounds and fhires llill continue poffelfed o f great quantities' o f arms, and there, with a great number of fuch perfons, have lately raifed and car­ried on a moft audacious and wicked re­bellion againft his Majefty, in favour o f a Popifh pretender i and in profecution thereof did, in a traiterous and hoftile man­ner, march into the Southern parts o f this kingdom, took pofTelfion o f feveral towns, jaifed contributions upon the country, and committed many other diforders, to the terror and great Iofs o f his M ajefty ’s faith­ful fubjeds, until, by the blefting o f G od on his M ajefty ’s arms, they were fubdued: N o w , for preventing rebellion and traite- yous attempts-in time to come, and theo- ther mifchiefs arifing from the poffeffion or ufe o f arms, by lavvlefs, wicked, and difaffeded perfons, inhabiting within thefaid feveral fhires and bounds, i t is e n a d - e d ,

T h a t from and after the i f t o f A u gu ft 1 7 4 6 it fhall be lawful for the refpedive Lords Lieutenants o f the feveral fhires a- bove recited, and for fuch other perfons as the King, his heirs, or fucceifors, fhall b y a fign-manual appoint, to ifTue, or caule to be ifTued out, letters o f fummons in his M a je f ty ’s name, under their refpedive hands and feals, direded to fuch pet'fons within faid fhires and bounds as they fhallthink fit, thereby commanding and requi-n

*

ring every perfon therein named, or inha­biting within the limits therein defcribed, to deliver up, at a certain day and place therein to be mentioned, all his arms and warlike weapons, unto fuch Lord Lieute­nant, or other perfon appointed by the K in g as aforefaid, for the King’s ufe: and if any perfon named in fuch fummons, or inhabiting within the limits therein de­fcribed, fhall, by the oath o f one or more witnefTes, be convided o f having or bear­ing any arms, or warlike weapons after the day prefixed in fuch fummons, before any one or more Juftices o f Peace for the (hire or ftewartry where fuch offender lhall refide, or be apprehended, or before the judge ordinary, or fuch other perfon or perfons as the K in g lhall appoint, in man­ner herein after direded, every fuch per­fon fo convided fhall forfeit 15I. Sterl. and be imprifoned until payment: and in cafe o f non payment within one month after convid ion , it fhall be lawful to any one or more Juftices o f Peace, or to the judge ordinary o f the place where fuch offender is imprifoned, if he or they judge him fit to ferve as a foldier, to caufe him to be delivered over (as they are hereby required to do) to fuch officer of the forces as fhall be appointed to receive fuch men, to ferve as foldiers in America; which refpedive officers fhall then caufe the articles of war againft mutiny and de- fertion to be read to him or them, in pre­fence of the judge fo delivering them ; w h o fhall caufe an entry thereof to be made, together w ith the names of the perfons fo delivered, w ith a certificate thereof in writing under his or their hands, to be delivered to faid officers; and after reading faid articles of war, e* very perfon fo delivered, fhall be deemed a lifted foldier, and fu b je d to the difci- pline o f war, and in cafe o f defertion, (hall be punifhed as a defer t e r : and in cafe fuch offender fhall not be judged fit to ferve his M ajefty as aforefaid, he lhall be imprifon­ed for fix months, and alfo till he give fufficient fecurity for his good behaviour for tw o years from the giving thereof.

T h a t all perfons fummoned to deliver up their arms as aforefaid, who fhall, af­ter 1 he time in fuch fummons prefixed,conceal any arms, wr other warlike wea­

pons,

Aug. 1746. AbflraEl o f the a tt f o r difarming, &c. 369pons, in any dwelling houfe, barn, out- houfe, office, or any other houfe, or in the fields, or any other place whatfoever, and all perfons who fhall be privy to the con­cealing of fuch arms, and fhall be thereof convided, fhall be liable to be fined, ac­cording to the difcretion o f the judges be­fore whom they fhall be convided, in any fum not exceeding 100, nor under 15 1. Sterling, and fhall be committed to pri- fon until paym ent: and in cafe o f non­payment, [ the tnanner o f conviftion, and the time o f pay ing the fine, are to be accor­ding to the direBions in the preceeding para­graph ; as is like'voife the penalty on non­payment, i f the offender be a man\ hut\ ifthe offender be a woman, fhe fhall, overand above the fine, and imprifonment till payment, fuffer imprifonment for fix months within the tolbooth of the head burgh o f the fhire or ilevvartry within which fhe is convided.

That if, after the day appointed by any fummons for the delivering up o f arms, any arms, or warlike weapons, be found concealed in any dwelling houfe, barn, out houfe, office, or any other houfe what­foever, pofl’effed by any perfon fummoned to deliver up arms as aforefaid, fuch pof- feffor fhall be deemed the concealer, and fhall fuffer as fuch, unlefs he or fhe give evidence, by his or her making oath, or otherwife to the fatisfadion o f the judge, that fuch arms were fo concealed without his or her knowledge.

That if any perfon, after having been convided of any of the above offences, of bearing or concealing arms, fhall commit the like offence a fecond time, he or Hie, being thereof convided before any juiti- ciary or circuit court, fhall be liable to be tranfported to any of his Majefty’s planta­tions beyond the feas for feven years.

That, for the more effedual execution of this ad, it fhall be lawful for the Ki-ng, & c. by his fign-manual, to appoint fuch perfons as he fhall think proper, to execute all the powers by this a d given to one or more Jullices of Peace, or to the judge ordinary, within their refpedive jurifdi- dions, as to the apprehending, trying, and conviding fuch perfons as fhall be fum- moned fo deliver up their arms. #

T hat the fummons fhall be fufficient,V o l .VU J. * '

r

i f it exprefs the perfons commanded todeliver up their weapons, or the parifhes, or the lands, limits, and boundings ot the refpedive territories and places whereof the inhabitants are to be difarmed ; and it fhall be a legal execution o f faid fum­mons, i f it is affixed on the door o f the churches o f the feveral parifhes within which the lands (the inhabitants whereof are to be difarmed) do lie, on any Sunday, between the hours o f ten in the forenoon and two in the afternoon, at leaft four days, and on the market-crofs of the head burgh o f the fhire or ftevvartry eight days before the day appointed for the deliver­ing up of the arm s: and in cafe o f inter­ruption in affixing the fummons on the doors o f the parifh-churches, oath made thereof, as direded in the next paragraph, fhall be fufficient.

T h a t , upon elapfing o f the feveral days to be prefixed for the delivering up arms, the perfons employed to affix the fummons on the market crofs, fhall, before any Ju- ftice o f Peace for the fhire or flewartry, make oath, that they did truly execute the fame, by affixing it as aforefaid ; and the perfons employed to affix the fummons on the doors o f the parifh-churches, fhall make oath in the fame manner, and to the fam eeffed ; or otherwife fhall fwear,that they W’ere interrupted, prevented, or forcibly hindered from affixing faid fum­mons as aforefaid : which oaths, together with copies o f the fummons to which they feverally relate, fhall be delivered to the Sheriff or Steward Clerk o f the feveral fhires or ftevvartries within which the per­fons intended to be difarmed do refide ; who fhall enter the fame in books; and faid books, or extrads out o f them under the Clerk’s hand, fhall be deemed com- pleat evidence of the execution of the fummons.

T h a t if any Sheriff or Steward Clerk negled or refufe to make faid entry, or refufe toexhibit the books containing fuch. entries, or to give extrads of them, being required by any perfon who fhall carry on any profecutions in purfuance of this a d , fuch Clerk fhall forfeit his office, and be fined in 5 0 1. Sterling; to be recoveredby fummary complaint before the courtof fdfiop, for the K in g ’s ufe,

3 C* That

37<> AbfiraH of the aft for difarming, & c. Aug. 1746.T h a t it fhall be lawful for the Lord

Lieutenant o f any o f the (hires aforefaid, o r the perfons authorifed by the K in g to fummon the perfons aforefaid to deliver up their arms, or for any Juftice o f Peace of the refpeftive (hires above mentioned, or the judge ordinary, or fuch perfons as (hall be authorifed by the K in g for trying of­fences againft this aft, to appoint fuch per- fons as they (hall think fit, to apprehend all fuch perfons as may be found within the limits aforefaid, having or wearing any arms, or warlike weapons, contrary to law, and forthwith to carry them to fome fure prifon, in order to their being proceeded againft according to law.

T h a t it (hall be lawful for the King, & c . by warrant under his fign-manual, and alfo for the Lord Lieutenant of any o f the (hires aforefaid, or the perfons au- thorifed by the K in g to fummon the per­fons aforefaid to deliver up their arms, or any one or more Juftices of Peace, by warrant under his or their hands, to ap­point any perfons to enter into any houfe within the limits aforefaid, either by day or by night,, and there to fearch for and to feize all fuch arms as fhall be found con­trary to the direction of this aft.

Provided, T h a t i f the above mentioned fearch (hall be made in the night time, i . e. between fun-fetting and fun-rifing, it ihall be made in the prefence o f a Confta- ble, or of fome perfon particularly named for that purpofe in the warrant for fuch fearch : and i f any perfons, to the number o f five or more, (hall at any time affem- ble together to obftruft the execution o f any part o f this aft, it (hall be lawful for every Lord Lieutenant, Deputy-Lieute- nant, or Juftice o f Peace, or peace of­ficer within the place where fuch affem- b ly fhall be, and likewife for every other

perfon that by the King, & c . (hall be ap­pointed in that behalf as aforefaid, to re­quire the aid o f the K in g ’ s forces, by ap­plying to the commanding officer, (who is commanded to give fuch aid), to fup- prefs fuch unlawful aflembly, in order to the putting this a Cl in due execution ; and alfo to apprehend and difarm, (and they are required fo to do), fuch perfons fo af- fembled, and forthwith to carry them be­fore one or more Juftices o f Peace of the place where they fhall be apprehended, in order to their being proceeded againft ac­cording to law : and if the perfons (o un­lawfully affembled, or any of them, or a - ny other perfons fummoned to deliver up their arms in purfuance of this aft, (hall happen to be killed or wounded, by rea- fon o f their, refilling the perfons endea­vouring to difperfe or apprehend them then every fuch Lord Lieutenant, Depu- ty-Lieutenant, Juftice of Peace, peace- officer, and every other perfon appointed by the King, & c . as aforefaid, and all per­fons aiding any o f them, (hall be indemni­fied, as well againft the King, & c . as a- gainft every other perfon, for fuch killing or wounding any fuch perfon or perfons fo unlawfully affembled.

EnaCled, T h a t i f any aftion, civil or criminal, (hall be brought before any court whatfoever, againft any perfon, for what he (hall lawfully do in purfuance or exe­cution o f this aft, fuch court fhall allow the defendant the benefit o f the indemnity above provided, and fhall further decern the purfuer to pay him the full expences that he (hall be put to by fuch aftion.

Provided neverthelefs, T h a t no Peers- o f this realm, nor their fons, nor any

members o f parliament, nor any perlon■ who by the above recited aft primo Geor-1 g it I . was allowed to have or carry arms *,

( ha l l

* The claufe here referred to, is ht thefe words, (t Provided, That the prohibition of ,"keeping, bearing, or wearing any warlike weapons, Jhall not extend to the caje of any Peers o f this realm, nor their Jons, nor o f any officers, or their ajjijiants employed in the execution o f jujlice ; nor Jhall this a SI be conflrued to hinder any commoner, having the yearly income o f 4 0 0 1 . Scots, or more. or who is other w ife qualified to vote at elections of parliament men to ferve fo r any o f the above named counties, to have in his cujiody, or ufe, in manner allowed by laws now in force, any number o f arms, not exceeding two-

firelocks, two pair o f pijiols, two fw ords; the nMgijlrates o f every burgh royal, to have in their cujiody a fufjicient number o f at ms fo r keeping guard w ithin their burghs ; andthe inhabitants o f bwghs-royal to ufs the Jaid arms in keeping guard\ according to the di-

realm '

Aug. 1746. Abftraft o f the att f o r difarming, &c. 371(hall by virtue o f this aft be liable to befummoned no deliver up their arms, or warlike weapons; nor fhall this aft, or that above recited, hinder any perfon whom the King, & c . by licence under his fign-manual, fhall permit to wear arms, or who fhall be licenfed to wear arms by a- ny writing under the hand and feal of a- ry perfon authorifed by the King to give fuch licence, from keeping, bearing, or wearing fuch arms, and warlike weapons,as in fuch licence fhall be particularly fpe-<cined.

And that no perfons may be difcoura-ged from delivering up their arms, from the apprehenfion o f the penalties and for­feitures which they may have incurred through their neglefting to comply with the directions of faid aft primo Georgii I. it is enafted, T hat from and after the time of affixing any fuch fummons as a- forefaid, no perfon refiding within the bounds therein mentioned, fhall be profe- cuted for having had or borne arms at a- ry time before the feveral days limited by fuch fummons for delivering them u p : but if any perfon fhall refufe or negleft to deliver up his arms in obedience to fuch fummons, or fhall afterwards be found in arms, he fhall be liable to the penalties and forfeitures o f the ftatute above reci­ted, asiwell as to the penalties o f this aft.

Enafted, That one moiety o f the penal­ties impofed by this aft, with refpeft to which no other provifion is made, fhall be to the informer ; and the other moiety fhall be at the difpofal of the judge before whom fuch conviftion fhall happen, pro­vided the fame be applied towards theex- pence incurred in the execution of this aft.

That the above provifions in this aft fhall continue in force for feven years, and from thence to the end o f the next feffion of parliament, and no longer.

And it is further enafted, T h a t from and after the 1 ft o f Auguft 1747, no man or boy, within Scotland, other than fuch as fhall be employed as officers and foldi- ers in the K ing ’s forces, fhall, on any pre­tence vvhatfoever, wear or put on the cloaths commonly called highland cloaths, that is to fay, the plaid, philebeg, or littlekilt, trowfe, fhoulder-belts, or any part whatfoever of what peculiarly belongs to the highland garb ; and that no tartan, or party-coloured plaid or ftufF fhall be ufed for great coats, or for upper coats: and i f any fuch perfon fhall, after faid ift o f A u - guft, wear or put on the aforefaid gar­ments, or any part of them, every fuch perfon fo offending, being convifted there­o f by the oath o f one or more witnefles, before any court o f jufticiary, or any one or more Juftices o f Peace for the fhire or ftewartry, or judge ordinary o f the place where fuch offence fhall be commit­ted, fhall fuffer 'imprifonment, without bail, during fix months, and no longer ; and being convifted of a fecond offence, before a court of jufticiary, or at the cir­cuits, fhall be liable to be tranfported toany o f his Majefty’s plantations beyond the feas, for feven years.

And whereas by an aft made this fef-fion, to indemnify juch perfons as have ailed in defence o f his Majejlys perfon and govern­ment, & c. it is enafted, T h a t all perfonal aftions, and proceedings whatfoever, and judgments thereupon, by reafon o f any thing done, during the rebellion, until the 30th of April 1746, in order to fupprefs the faid rebellion, & c . fhall be made void, [/>.270.]: And whereas it is alfo reafon- able, that afts done for the publick fer­vice fince faid 30th o f April, tho’ not ju- ftifiable by the ftrift forms of law, fhould be juitified by aft o f parliament, — it is

3 C 2 enaft-

reftiotis of their refpeSlive magijlrates; provided always, that the arms in burghs royal be kept in magazines under the care o f the magijiratts, and not left in private houfes9 and that the whole number o f arms fo kept in any burgh royal Jhali not exceed the num­ber of two hundred; nor hinder the officers o f the army having his Majefly's commiffions, and the Joldiers under their command, to keep, ufe, or bear arms, as formerly; nor the Lieutenants o f counties, their deputies, and the militia and fenflble men under their com­mand, to keep or receive, out o f his Majefty1 s magazines, arms, and to ufe the Jame during the time that their militia and fenfible men fhall be called out by law ful authority. Pro­viding always, That the fa id Lieutenants, their deputies, milititkandfenfible men under their command, return the arms received out of the King's magat&nes within twenty day*o f ter the expiration o f the time far which they Jhall be called out.']

37- Abftraft o f the aft fo r difarming, &c. Aug. 1746.%

enafted, T h a t all perfonal aftions, & c .commenced or to be commenced, and all proceedings vvhatfoever, and judgments thereupon, if any be, for or by realon o f arfy aft, matter, or thing, advifed, c o m ­manded, appointed, or done, before the 25 th of July 1746, in order to fupprefsthe faid unnatural rebellion, or for the prefervation o f the publick peace, or forthe fafety or fervice of the government,fhall be difcharged and made void ; and that every perfon by whom any fuch aft, & c . (hall have been fo advifed, & c . be­fore faid 25th o f July, fhall be indemni­fied, as well againlt the King, as againftevery other perfon : and that if any fuch aftion hath been or fhall be commenced, i f in England, the defendant may plead the general ifiue, and give this aft and the fpecial matter in evidence, and fhall reco­v e r double co l ls ; and i f in Scotlajnd, the court fhall allow the defender the benefit o f the indemnity above provided, and fhall further decern the purfuer to pay the fullexpences that he or fhe fhall be put to by iuch aftion.

A nd whereas by the aft fexto Ann<zyfo rrendering the union of the tuoo kingdoms morecompleat, it is enaCted, T h a t circuit-courts lhall be holden in Scotland, in manner and at the places mentioned in faid a f t : And whereas, by the late unnatural rebellion, the courfe o f juflice in Scotland has been fo interrupted, as rendered it impractica­ble to give up and tranfmit preferm ents, in fuch due time as profecutions might thereupon commence before the Northern circuit to be holden in M a y this prefent year, whereby there appeared a neceffityo f fuperfeding faid circuit,— it is enafted, T h a t the judges o f the court of julliciary, and every other perfon therein concerned, are hereby indemnified for their not per­forming faid circuit, as by the forecited a f t they were obliged to do.

And whereas a doubt hath arifen with jefpeft to the fhire o f Dunbartain, what part thereof was intended to be difarmed b y the firft recited aft prim Georgii J. and intended to be carried into further e x e ­cution by the prcfent aft, it is enafted, T h a t fuch parts o f faid fhire as lie upon the Eaft, W ell , and North fides o f Loch-Jomond, to the N o n w a r d of that point

where the water of Leven runs from Loch*lornond, were intended to be difarmed by the aforefaid aft, and are fubjeft to the direftions o f this aft.

And to prevent the riling generationbeing educated in difafFefted or rebellious principles, it is enafted, T h a t from and after the ift: o f N o vem b er 1746, it fhall not be lawful for any perfon in Scotland to keep a private fchool for teaching Eng- lifh, Latin, G reek , or any part of litera­ture, or to officiate as a mafter or teacher in fuch fchool, or any fchool for litera­ture, other than thofe in the univerfities, or eftablifhed in the refpeft.ve Royal burghs by publick authority, or the pa­rochial fchools fettled according to law, (concerning all which fufficient provilion is already made by law), or the fchoois maintained by the fociety in Scotland for propagating Chriftian knowledge, or by the general afTemblies o f the church of Scotland, or committees thereof, upon the bounty granted by his M ajefty, until the fituation and defcription of luch private fchool be regiftered in a book, which fhall be provided and kept for that purpofe by the Clerks o f the feveral fhires, ftewar- tries, and burghs, together with a certifi­cate from the proper officer, o f every fuch mafter and teacher having qualified him- felf, by taking the oaths appointed to be taken by perfons in offices o f publick truft in Scotland, [/>.362,3.]; and every fuch mafter and teacher is required, as often as prayers fhall be faid in fuch fchool, to pray, or caufe to be prayed for, in exprefs words, his M ajefty , his heirs, and fuccefTors, by name, and all the R o ya l family: and if any perfon fhall, from and after faid ill o f November, enter upon or exercife the office o f a mafter or teacher o f any fuch private fchool as fhall not have been re­giftered in manner herein direfted; or without having qualified himfelf, and caufed the certificate to be regiftered as above mentioned ; or in cafe he lhall neg* left to pray for his Majefty by name, and all the Royal family, or caufe them to be prayed for, as herein direfted ; or in cafe he fhall refort to, or attend divine wor- fhip in any Epifcopal meeting-houfe not allowed by law ; every perfon fo offend­ing in any of the premises, IhaiJ fuffer

A u g . 1 7 4 6 . Abjl r a ft of the aEl for difarming, & c . 3 7 3« • • i * s \ s * S * * A « «

fix months imprifonment for the firft of­fence, and for the fecond, or any fubfe- queot offence, fhall be tranfported to fome of his Majefty’s plantations in America for life, and in cafe o f return into G . Bri­tain, fhall fuffer imprifonment for life.

That if any parent or guardian fhall put a child or children under his care to any private fchool not regiftered as above, or whereof the principal mafter or teacher fhall not have regiftered the certificate of his having qualified himfelf as herein direfled, every fuch parent or guardian fo offending, (hall fuffer three months im­prifonment for the firft, and two years im- prifcnment for the fecond or any fubfe­quent offence.

And whereas by an a d pafled in the parliament of Scotland in the year 1693, all chaplains in families, and governors

• and teachers o f children and youth, were obliged to take the oaths o f allegiance and fcfi’urance therein d ireded; and there may be fome doubt, what oaths they are now obliged to take : therefore it is enaded, That from and after the ift of November 1746, no perfon fhall exercife thefundion of a chaplain in any family in Scotland, or of a governor, tutor, or teacher o f any child, children, or youth, refiding in Scot­land, or beyond the feas, without qualify­ing himfelf by taking the oaths appointed to be taken by perfons in offices of publick truft, and caufing a certificate of his ha­ving done fo to be regiftered in a book to be kept by the Clerk o f the fhire, ftewar­try, or burgh, in Scotland, where he fhall refide; or in cafe o f fuch governor, (5fc. ading beyond the feas, then in the book kept by the Clerk o f the fhire, ftewartry, or burgh, where the parent or guardian of fuch child, children, or youth, fhall re­fide: and i f any fuch chaplain or govern­or, £«fr: fhall exerce, without having fo qualified and regiftered as above, every perfon fo offending, fhall fuffer fix months imprifonment for the firit offence, and for the fecond, or any fubfequent offence, fhall be banifhed from G . Britain for feven years.

Provided,That it fhall be lawfulforeve*ry chaplain, fchoolmafter, governor, & c .who is o f the communion of the churchp f Scotland, inflead o f the oath o f abjura-

tion appointed to be taken by perfons in offices civil or military, 362 ], to take the oath direded to be taken by preach­ers and expedants in divinity of the efta-blifhed church o f Scotland, by the a dquinto Georgii I. for making more effefìual the laws appointing the oaths for fecurity o f the government to be taken by Minijiers and Preachers in churches and meeting-houfes in Scotland, [p. 362 ] ; and a certificate o f his having taken that oath {hall be valid.

Enaded, T h a t from and after faid ift of November, no perfon within Scotland fhall keep or entertain any perfcn or [ar] chaplain in any family, or as governor, tu­tor, or teacher of any child, children, or youth, unlefs the certificate of fuch per- fon’s having taken the oaths to his M a­jefty be duly regiftered, as above dired­ed : and every perfcn herein offending, fhall fuffer fix months imprifonment for the firft, and two years imprifonment for the fecond, or any fubfequent offence.

T h e convidion in the four cafes lafl: mentioned, *vix. o f private teachers, o f parents or guardians putting children to their fchools, o f chaplains or governors, and o f thofe who entertain or employ thefe laft, is to be, for the firft offence, before any two or more Juftices of Peace, or any other j udge competent of the place, fummarily ; and for the fecond, or anyfubfequent offence, before the jufticiary or circuit courts.

And for the better preventing any pri­vate fchools from being held or maintain­ed, or any chaplain in any family, or any governor, tutor, or teacher of any children or youth, from being employed or enter­tained contrary to the diredions o f this a d , the Sheriffs, Stewards, and magi- ftrates o f burghs in Scotland, are requi­red, from time to time, to make diligent • inquiry within their refpedive jurildidi- ons, concerning any offences that fhall be committed againft this ad , and caufe the fame, being the firft offence, to be profe- cuted before themfelves; and in cafe o f a fecond, or fubfequent offence, to give no­tice thereof, and of the evidence for pro­ving the fame, to his Majefty’s Advocate; who is required to profecute fuch fecondor fubfequent offences before the court q fjufticiary, or at the circuit courtj.

The

374 tr ia ls■> & c- o f the th ree r eb e l P ee r s . Aug. 1746,The trials, &C. o f the three rebel Peers.

WE have already given an account, that bills o f indidm ent for high

treafon were found, by the grand jury o f Surrey, againft W illiam Earl of K i lm a r­nock, George Earl o f Cromertie, and A r ­thur Lord Baltnerino, p. 293. ; that the houfe o f Lords had appointed their trials to be in Weftminfter hail, on the 28th o fJuly , p. 2 9 4 . ; and that the Lord C h a n ­cellor was conftituted H ig h Steward o f G re a t Britain for that purpofe, p. 3 5 0 .— Circular letters were ordered to be lentV

b y the Lord Chancellor (giving twenty days notice) to all the Peers in town and country, to attend in their robes; and an order of the houfe, dated July 8. was pu­blished in the G azette of July 12. order­ing all the Lords who fhould attend the trials, to attend the houfe on the 24th and 25th, to take the oaths.— Weftminfterhall was fitted up in a magnificent manner, and the Peers got tickets from the Lord Chamberlain, to be given to the perfons that were to get accefs to the trials.— M r George Rofs was appointed folicitor for Kilm arnock and Balmerino, and M r A - dam Gordon, fur Cromertie, at their ow nrequeft.

On Monday the 28th o f Ju ly , at eighto 'c lock in the morning, the Judges in theirrobes, with G arter K in g o f A rm s, the U - flier o f the Black R od, and the Serjeant at A rm s, waited on the Lord H ig h Steward, at his houfe in Ormond-ftreet; G arter in liis coat o f the K i n g ’s arms, B la c k Jlod having the white ftaff, and the Serjeant at A r m s his mace. T h e three laft waited in

«

an apartment while the Judges went to the Lord H igh Steward to pay their c o m ­pliments to his Grace.

After a fhort ftay, his G race came to his coach in the following order.

H is G race 's twenty Gentlemen, twoand two, uncovered.

H is Serjeant at Arm s and S ea l bearer, both uncovered, one with his mace, andthe other with the purfe.

T h e Black Rod, with the Lord H ig h Steward’s ftafF, and G arter K in g o f A rm s on his right hand, in his coat o f arms, both uncovered.

H i s G r a c e the L o r d H i g h S t e w a r d , inhis rich g o w n , his train borne, f o l l o w e dby the Chief Jullfces and Judges,

H is G r a c e feated himfelf on the hinder feat o f the coach, fingiy ; Garter and theSeal-bearer, on the other fear, over againfthis G race , uncovered ; the Black Rod, in the right hand boot, with his Grace’s white ftafF; and his G r a c e ’ s Serjeant at Arms, in the left boot, with his mace; his Grace’sG entlem en, in the five leading coaches; and the Judges followed his Grace, in their ow n coaches.

H is G race , thus attended, paffed thro’ Red-Lion fquare, crofs Hoi born, down Little and G reat Queen-ftreet, Long-acre, St M a rt in ’s lane, and King-ftreet, with the Judges, Cifr. to the-Old Palace yard,( where the foldiers retted their mufkets, and the drums beat as to the Royal fami­ly), and fo up the flairs to the hcufe of Peers, thro’ the Painted Chamber.

S

T h e Peers in their robes, and the mace depofited upon the uppermoft woolfack, his G race pafted on to the Lord Chancel­lor’ s room. T h e ftaff was not brought within the houfe of Peers.

H is G ra c e having ftaid there a while, came into the houfe again, and prayers began. T h e n the Peers were called overj Garter or his deputy being allowed to come to the C le r k ’ s table to make a lilt o f the Peers prefent. W hich done, and the Black Rod being fent to fee that the court in Weftminfter hall, and the pafTages to if, were clear j and giving an account to the houfe that they were fo, they pro­ceeded towards Weftminfter hall, thus.

H is G ra c e the Lord H ig h Steward’s Gentlem en attendants, two and two.— Four Clerks o f the houfe, two and two.— T h e tw o C lerks o f the crown, bearing the com million o f the Lord H igh Steward. —- Mafters in Chancery, two and two.— A tto rn e y -G e n e ra l .— Judges.— Peers el-deft fons.— Peers minors.— fo u r Serjeants at A rm s, with their maces, two and two,— T h e Y eom an Ufher o f the houfe of Peers.— T h e Peers according to their de­grees and precedency, two and two, (the youngeft Barons Hrfl), all covered.— Four Serjeant^ at A rm s more, with their macesf two and tw o .— H is G race ’s Seal-bearer and Serjeant at A rm s. — T h e Black Rod and G a rte r .— T h e Lord H igh Steward a- lone, covered, his train borne.

T h e L o r d s b e i n g feated on their bench­es,

Aug. 174-6- The trials, &c. o f the three rebel P eers . '375es, and the Judges and Mafters in Chan­cery below on their feats; the Lord High Steward making a reverence to the ftate, and faluting the Peers, feated himfelf on the woolfack as Speaker of the houfe of Lords.

T h e two Clerks o f the Crown being ready at the Clerks table, and the Clerk of the Crown in Chancery, having the King’s commiflion to the LdH igh Steward in his hand, both made three reverences tò his Grace, and at the third, coming before the woolfack, kneeled down, and the Clerk of the Crown in Chancery, on his knee, prefented the commiflion to his Grace ; who delivered it to the Clerk of the Crown in the K ingVbench j and they, making three reverences, and re­turning to the Clerks table, the Clerk of the Crown in the K ingV bench opened the commiflion, and read i t ; having firft direded his G race ’s Serjeant at Arms to make proclamation for filence; which he did, with his mace upon his fhoulder.

While the commiflion was reading, his Grace and the Lords flood up, all unco­vered. After which his Grace, making obeyfance, refeated himfelf ; and then Garter and the Black Rod, with three reve­rences, jointly prefented the white ftafF©n their knees to his Grace. And being fully inverted in his office, he, with the white ftaff in his hand, removed from the woolfack to the chair placed for him, on an afcent before the throne, and fat down.

In the time of this proceflion, the three rebel Lords were brought from the tower; the Earl o f Kilmarnock, in Lord Cornwallis's coach, attended by Gen. Williamfon, Deputy-Governor o f

' the tow er; the Earl o f Cromertie, in Gen. Williamfon’s coach, attended by Capt. Marfhal ; and Lord Balmerino, in the third coach, attended by Mr Fowler, Gentleman Goaler, who had the ax co­vered by him. T h e y were carried thus to Weftminfter hall, under a ftrong guard o f foldiers.

T h e court being met, as above, pro­clamation was made by the Serjeant at Arms, for the Lieutenant o f the tower to return the precept to him direded, with the bodies o f the prifoners. W hich done,the prifoners were brought to the bar,

having the ax carried before them by the Gentleman Goaler, the edge turned from them. T h e reciprocal compliments over between the prifoners and the court, the Lord High Steward, after moving for, and obtaining leave, advanced forward, the better to hear and be heard. T h e n Kilmarnock’ s indidment was read ; to which his Lordfhip pleaded Guilty : as was nextCromertie’s; and he in like man­ner pleaded Guilty : both recommending themfelv'es to the King’ s mercy. Balme­rino, inftead of pleading G u ilty or N o tguilty, on hearing his inaidment read, asthe Englifh form, o f which his Lordfhiphad no knowledge, requires, aifeed the Lord High Steward, I f it would be of fer­vice to him to prove that he was not pre­fent at the fiege of Carlifle Ì for that he was ten miles diftant at the time fpecified in the indidment. His Grace anfwered, T h a t it might, or might not be o f fervice, according to the circumftances: but ob- ferved to the Lords, that it was contrary to form, to allow the prifoner to afk any queftions before he pleaded ; and then de­fired him to plead. Balmerino having anfwered,That he was pleading as well as he could, the Lord H igh Steward ex­plained what was meant by pleading', and then his Lordihip pleaded Not guilty. Upon which, after hearing the K in g rs council, v iz . the Attorney and Solicitor General, and Sir John Strange, the court examined five or fix witnefles; by whomit was proved, T h a t his Lordfhip entetedCarlifle (tho’ hot on the day fpecified in the indidment) at the head of a regiment o f horfe called by his name Elphinjion's horfe, with his fword drawn. T h e pri­foners had no council : but Balmerino himfelf made an exception ; which was over-ruled. Then the Lord High Steward afked, If he had any thing further co o f ­fer in his defence? T o which his Lord- fhip anfwered, T h a t he was forry he had given the court fo much trouble, and had nothing more to fay. Hereupon the Lords retired to the houfe o f Peers; where the opinion o f the Judges being aiked touching the ouvert a d , they declared that it was not material, as other fa£U were proved beyond contradidion. O nthis they returned to the hull ; 3nd th e

L c f J%

2 j6 The Earl of Kilmarnock's fpeech. Aug. 1746,9

Lord H igh Steward, afking them one by one, (beginning with the youngeft Baron), jl/y Lord o f ---------- , Is Arthur Lord Bai­mer ino guilty o f high treafon, or not ! wasanfwered by each, clapping his right handto his left breait, Guilty, upon my honour,my Lord. Before the^queltion was put, the Bilhops having moved for, and ob­tained leave, withdrew ; as is ulual in fuch cafes. T h e prifoners being again called to the bar, and the Lord H ig h Steward having declared to them the re- folutions of the court, they were fent back to the t o w e r ; and notice was given them, i f they had any thing to move in arrelt o f judgment, to be prepared againft eleven o’ c lock of the 30th ; to which time the court adjourned. After being found G u i l t y , the ax was carried with the edge towards them.----- T h ere were 136 Peersprefent.

Accordingly the court met at the timeappointed ; and the prifoners having been brought to the bar, the Lord H igh Steward made a fpeech, and then aflced each o f them , If he had any thing to offer w hy judgment o f death fliould not pafs upon him ? In anfvver to which, the following fpeeches were made.

The E a rl o f Kilmarnock's fpeech.

May it pleafe your Grace, and my Lords,T H a v e already, from a due fenfe of my

folly, and the heinoufnefs o f thofe crimes with which I (land charged, con- fcfied m y fe l f guilty, and obnoxious to thofe punHhments which the laws of the Jand have wifely provided for offences offo deep a dye. N or would I have your Lordfhips to fufpedt, that what I am now to offer is intended to extenuate thofe crimes, or palliate rjiy offences. N o : I mean only to addrefs myfelf to yourLord- fhips merciful difpofuicn, to excite fo much companion in your Lordfhips hreafls, as to prevail on his Grace, and this H o ­nourable houfe, to intercede with his M a ­jefty for his Royal clemency.

T h o ’ the fituation I am now in, and the folly and rafhnefs which has expofed me to this difgrace, cover me with confu- fion, when I refieòl upon the Unfullied honour o f my anceftors; yet I cannoth e l p m e n tio n in g their u n f l u k e n fidelity,

and fteady loyalty to the crown, as a pro­per fubjed to excite that compaffion whichI am now foliciting. M y father was an early and fteady friend to the revolution,and was very a£live in promoting every meafure that fended to fettle and fecure theProteftant fucceflion in thefe kingdoms. H e not only in his publick capacity pro­moted thefe events, but in his private fup- ported them ; and brought me up, and endeavoured to inftil into my early years, thofe revolution-principles which htfd al­ways been the rule o f his a&ions.

It had been happy for me, my Lords, that I had been always influenced by his precepts, and a£ed up to his example. Y e t I believe, upon the ftri&eft inquiry it will appear, that the whole tenor of my life, from my firft entering into the world, to the unhappy minute in which I was feduced to join in this rebellion, has been agreeable to my duty and allegiance, and confident with the ftri&eft loyalty.

For the truth b f this, I need only ap* peal to the manner in which I have edu­cated my children ; the eldeft o f which has the honour to bear a commiflion un­der his Majefty, and has always behaved like a Gentleman. I brought him up in the true principles of the revolution, and an abhorrence o f Popery and arbitrary power. His behaviour is known to ma­ny o f this Honourable houfe; and there­fore I take the liberty to appeal to your Lordfhips, i f it is poffible that my endea­vours in his education would have been attended with fuch fuccefs, if I had not m yfelf been fincere in thofe principles, and an enemy to thofe meafures which have now involved me and my family in ru :n ? Had my mind at that rime been

*

tainted with difloyalty and difaffV&ion, I could not have diffembled fo clofeJy with m y own family, but fome tin&ure would have devolved to my children.

I have endeavoured, as much as my ca­pacity or interefl: would admit, to be fer- viceable to the crown on all occrfions: and even at the breaking out o f the rebellion, I was fo far frt m approving their raeafure?, or fhewing the lealt pronenefs to promote their unnatural fcheme, that by my in- tcreft in Kilmarnock, and places adjacent,1 prevented numbers frojn joining' them,

S ' - • J

andV •

Aug. 174-6* Earl o f Cromer tie's fpeech . 377and encouraged the country as much aspofiible, to continue firm to their allegi­ance.

When that unhappy hour arrived in which I became a party, which was not till after the battle o f Prefton, I was far from being a perfòn o f any confequencc amongft them. I did not buy up any arms, nor raife a fingle man in their Ser­vice. I endeavoured to moderate their cruelty, and was happily inflrumental in faving the lives o f many of his M ajefty ’s loyal fubje&s, whom they had taken pri­foners. I aififted the fick and wounded, and did all in my power to make their confinement tolerable.

I had not been long with them before I faw my error, and reflected with horror on the guilt o f fwerving from my alle­giance to the heft of fovereigns; the dif- honour which it refle&ed upon m yfe lf j and the fatal ruin which it neceffarilybrought upon my famWy. I then deter­mined to leave them, and fubmit to his Majefty’s clemency, as foon as I lliould have an opportunity. For this I fepara- ted myfelf from my corps at the battle o f Culloden, and ftaid te furrender m yfelf a prifoner; tho’ I had frequent opportuni-

r ties, and might have elcaped with great eafe. For the truth o f which, I appeal to the Noble perfon to whom I furrendered.

But, my Lords, I did not endeavour to make my efcape ; becaufe the confequen- ces, in an inftant, appeared to me more terrible, more (hocking, than the moft painful or ignominious death. 1 chofe therefore to furrender, and commit m y ­felf to the King’s mercy, rather than to throw myfelf into the hands of a foreign power, the natural enemy to my country } with whom to have merit, I muft perfift in continued adts o f violence to my prin­ciples, and o f treafon and rebellion againft my King and country.— p. 383,4.]

It is with the utmoft abhorrence and deteftation I have feen a letter from the French court, [p. 263 ], prefuming to dittate to a Brisifh monarch the mannerhe (hould deal with his rebellious fubjedts. I%m not fo much in love with life, nor fo void o f a fenfe of honour, as to expedt it upon fuch an interceflion. I depend «nly on the merciful interceffion e f this

V o l .V I I I . ' *v

Honourable houfe, and the Innate clemen­c y o f his facred Majefty.

But if, my Lords, i f all I have offered is not a fufficient motive to your Lord- fhips to induce you to employ your inter- eft with his Majefty for his Royal cle­mency in my behalf, I fhall lay down m y life with the utmoft refignation; and m y laft moments fhail be employed in fervent prayers for the prefervation o f the illuftri- ous houfe o f Hanover, and the peace and profperity o f Great Britain.

T h E arl o f Cromertie's fpeech.

My Lords,T H ave now the misfortune to appear

before your Lordfhips, guilty o f an offence o f fuch a nature as juftly merits the higheft indignation o f his Majefty, your Lordfhips, and the p u b lick : and it was from a convidtion o f my guilt, that I did not prefume to trouble your Lord­fhips with any defence. A s I have com­mitted treafon, it is the laft thing I would attempt to juftify. M y only plea fhall be your Lordfhips companion, m y only re­fuge his Majefty’ s clemency. Under this heavy load of afHidtion I have ftill the fa- tisfadion, my Lords, o f hoping that m y paft condudt before the breaking out o f the rebellion was irreproachable, as to my attachment to the prefent happy eftablifh­ment both in church and fta te : and inevidence o f m y affedlion to the govern­ment, upon the breaking out o f the re­bellion, I appeal to the then commander in chief o f his Majefty’s forces at Inver- nefs, and to the LordPrefident o f the court o f Seffion in Scotland, who I am fure will do juftice to my condudt upon that occa­fion. But, my Lords, notwithftanding m y determined refolution in favour o f the go­vernment, I was unhappily feduced from that loyalty, in an unguarded moment* by the arts o f defperate and defigning men. And it is notorious, my Lords, that no fooner did I awake from that de- lufion, than I felt a remorfè for my de­parture from my d u t y ; but it was thentoo late.

Nothing, m y Lords, remains, but tothrow myfelf, my life, and fortune, upon your Lordfhips conApaffion. But o f thefe,fity Lgrds, as to myfelf is the leaft part

3 9

378 ^he trials, Sec. o f the three rebel Veers. Aug. 1746,o f my fufferings. I have involved an af­fectionate wife, with an unborn infant, as parties o f my gailt, to (hare its penalties;I have involved my eldeft Ton, whofe in ­fancy, and regard to his parents, hurried him dowo the ftream o f rebellion ; I have involved aifo eight innocent children, who muft feel iheir parent's punifhment before th ey k n o w his guilt.- Let them, m y Lords, be pledges to his M f j e l l y ; let them be pledges to your L o rd ih ip s ; let them t>e pledges to my country, for mercy ; let th e filent eloquence o f their gr ie f and t e a r s ; let the powerful language of inno­cent nature fupply my want of eloquenceand perfuafion; let me enjoy mercy, but no longer than I deferve i t ; and let me n o longer enjoy life, than 1 fhall ule it to deface the crime I have been guilty of. W h i l i l I thus intercede to his Majefty, thro’ the mediation o f your Lordfhips, for mercy, let my remorfe for my guilt as a fu b jed ; let the forrow o f my heart as a iiufbund ; let the anguifh of my mind as a father, fpeak the reft o f my mifery. A s your Lordihips are men, feel as men ; but m a y none of you ever fuffer the fmallell pare o f my anguifti.

But if, after all, my Lords, my fafetyihall be found inconfiftent with that o f the publick, and nothing but my blood can atone for m y unhappy c r im e ; i f tlft fa- crifice o f my life, my fortune, and fami­ly , is judged iridifpenfably neceffary for flopping the loud demands o f publick j u ­ftice ; and i f the bitter cup is not to pafsfrom me ; not mine, but thy will, O G o d , be done.

W hen the queftion was put to Balme­rino, his Lordfhip pleaded, T h a t an in- didlment could not be found in the coun­t y of Surrey, for a crime laid to be com ­mitted atCarlif le , in December laft ; in

•regard the a& ordaining the rebels to be tried in fuch counties as the K in g fhould appoint, [^. 129 ] , which was not paffedtill M arch, could not have a retrofpedt; and defired to be allowed council. O n this the Earl o f Bath afked, I f the N oble L o rd at the bar had had any council al­lowed him ? and was anfwered. T h a t he had never defired any. Balmerino repli­ed, T h a t all the defences that had occur­red to himfelf or his lo iic ito i h a v i n g bee#

* *P

%

laid before a counsellor, and by him jud­ged to be trifling, his Loralhjp did not cnufe to give the court needlefs trouble; and that the above obje&ion had been communicated to him only an hour or two before he was then brought into court. T h e D u k e of Newcaftle. propo-fed, T h a t the K in g ’s council fhould be or­dered to anfwer the objection immediate­ly . T h is having been oppofed, the Earl o f Granville moved, T h a t they fhould ad­journ to the houfe o f Peers, becaufethey could not debate as a c o a r t ; which was agreed to. After debate, council was al­lowed. T h e D u ke of Bedford, and the Earls of Cholmondeley, Granville, and Bath, fpoke for it. When they were re­turned to the hall, the Earl of Bath mo­ved, T h a t as the Lord Balmerino wculd not perhaps afk for any particular perfons, the Lord H ig h Steward (hould be defired to name his council. But this his Gracedeclined ; alledging, that he was but a fingle judge j and that the only thing pe­culiar to his office was, to prefide, and to pronounce fentence ; having no more power than any other Lord, The court then affigned Meff. Wilbraham and For- refter for council to Lord Balmerino; and adjourned till the ift o f Auguft.

T h e prifoners having been accordingly brought to the bar that day, the two Earls were again afked, I f they had any thing to propofe why judgment fhould not pais againit them ? and anfwered in the nega­tive. T h e n the Lord H igh Steward in­formed Balmerino, T h a t having ftarted an objedlion, dtlired council, and had their affiftance, he wag now to make ufe of it i f he thought fit. His Lordfhip anfvver- ed, T h a t his council having fatisfied him there was nothing in the objection that could do him fervice, he declined having them heard ; that he would not have made the objection if he had not been perfuaded there was ground for i t ; and that he was forry for the trouble he had given his G racc and the Peers. All the prifoners having thus fubmitted to the court, and relied on the King’s mercy,the Lord H ig h Steward made a patfietickfpeech to them, and concluded with pro­nouncing fentence, in thefe words. “ Theiu d c m e iu o f the l a w is* and chi* high court

doth

A u g . 1 7 4 6 . Kilmarnock's petitions to the King and Prince. 3 7 9doth award, That you, William E arl o f Kilmarnock, George Earl of Cromer tie, and Arthur Lord Balmerino, and every of you, re­turn to the prifon of the toiver, from whence you came ; from thence you mufi be dranxin to the place o f executions when you come there, you mufl be hanged by the neck ; but. not till you are dead; for you muji be cut donun alive ; then your bmvels muji be ta­ken out, and burnt before your faces; then your heads mufi be fevered from your bodies; and your bodies muji be divided each into four quarters ; and thefe muji be at the Kind'sdijpojal. And God Almighty be merciful to your fouls ! ” — T h e law, as Earl Cow- per, Lord High Steward in 1716 , obfer- ved, is deaf to all diftindions of perfons; and therefore requires, that, in cafes of high treafon, the above fhould be the fen- tence, againft the higheft, as well as a- gainft the meaneft offenders; tho’ the molt ignominious and painful parts o f it are u- fually remitted, by the grace-of the crown, to perfons of quality.

After fentence, the prifoners were ta­ken from the bar ; and the Lord H igh Steward, ftanding up uncovered, broke his ftaff, and pronounced the commiffion diflolved. Then leaving the chair, he feated himfelf upon the woolfack, and afk- ed, if it was their Lordfhips pleafure to ad­journ to the houfe of L o rd s; which being agreed to, they all returned in the order they came down. T h e Lord High Chan­cellor received the thanks of the houfe, and he wasdefired to caufe print his fpeech.

Petitions were prefented, in the name of William late E arl o f Kilmarnock, to the King, the Prince, and the Duke.— rI"hat to the King was as follows.

' J ' H E petitioner having met with the condemnation juflly due to his crime,

prefumes, throwing himfelf at your Ma- jelty’s feet, to implore your Majefty’s Royal clemency; and, tho’ very fenfible that nothing can excufe or mitigate his crime, hopes he may be confidered in yourMajefty’s eye as an objed o f companion and pity.

His family’ s conftant attachment to therevolution intereft and that o f your illu- ftrious houfe ; his father’ s zeal and adi~Vity in fupport o f both, when attached by

your late Royal father’s enemies in 1715» his own appearing in arms ('ho’ then but young) under his father ; the whole tenor o f his condud fince that t im e ; and the fentiments o f duty and loyalty in 'which he h as educated his eldefl fon, who now has the honour of bearing your Majefty’s commiffion, tho’ nodiminution o f his guilt, may yet let in a prefumption, that he has offended more from rafhnefs, and thede- figns of wicked and ill-difpofed perions, than from any principle o f difaffedion to your Majefty.

T h e petitioner humbly begs leave toacquaint your Majefty, that he influencedneither tenant nor follower o f his to affifl0or abet the rebellion ; but, on the contra­ry, that between the time of the battle o f Prefton, and his unhappy jundion with the rebels, he went to the town of K i l ­marnock, influenced its inhabitants, as far as he could, and, by their means, their neighbouring boroughs, to rife in arms for your Majefty’3 fervice ; which had fo good an effed, that 200 men o f Kilmarnockappeared very foon in arms, and remain­ed fo all the winter at Glafgow, or other places as they were ordered. And even in the midft of his greatell delufion, when in arms againft your facred Majefly and ycur authority, it was the petitioner’s conftant care, as far as in his power, to proted your faithful fubjeds from injury in their perfons or eftates. He extended his care to fuch of your Majefty’s troops as had the misfortune o f falling into the hands of the rebels, both officers and pri­vate men finding better ufage, and their condition rendered more fupportable thro*his means, than it would otherwife have been ; as many o f them can, and, the petiti­oner believes, will teftify when called upon.

T h e petitioner was not taken, but fur- renùerec) himfelf, at the battle o f Cullo­den ; having left thofe he was joined with, when they were £ot fo far, that moll, i f not all of them efcaped, except h im fe lf ; who from thence turned down to the ground where the dragoons were drawn up at a confiderable diltance; and this at a time when he might eafily have made his efcape, being near no body, nor any in purfuit o f him. H e chofe fubmiffion,as far preferable toobflinacy in rebellion*

3 D 4 His

3 So Kilmarnock*s petition to the Duke. Aug. 1746.H i s firft principles r e v iv e d in his b r e a d . H e determ ined rather to run th e rifk o f a n ignom inious d e a t h , as th e a t o n e m e n t o f his treafon, than to recur to, and b e ­c o m e dependent upon a foreign p o w e r ; t h a t power efpecially b e i n g the natural e- n e m y o f his c o u n t r y , and your M a j e f t y , t h e father o f i t .— [ See p. 3 8 3 , 4 . ]

U n d e r thefe circumftances, S i r , it is, t h a t the u n h a p p y petitioner ( m ore fo fr o m remorfe o f h a v i n g vio lated his a l le ­g ia n c e to your M a j e f t y , than from the fen­te n c e he lies under) dares to ap p ro ach y o u r throne, and im p lo re y o u r R o y a l m e r c y ;a n d w h i c h he hopes for, as he c a n ’ t re­proach h i m f e l f w i t h a n y g u i l t precedent t o this fatal breach o f his d u t y .

T h e petition to the Prince w a s a l m o l t in th e fame words, and ended t h u s : “ Y o u r petitioner therefore begs l e a v e to im plore y o u r R o y a l H i g h n e f s ’ s interceffion w i t h his M a j e f t y in his b eh alf , for a life, w h i c h a l w a y s has been, till this u n h a p p y in te r ­ruption, and i f fpared, fhall be fp en t in t h e fervice o f his M a j e f t y , o f y o u r R o y a l H i g h n e f s , and y o u r auguft h c u f e ; and in th e moft fervent prayers for th e happinefs and profperity o f y o u r illuftrious f a m i l y . ”

B y the ftrain o f his petition to the D u k e , it w o u ld feem that he dreaded fa ­tal confequences from fo m e reports th a t h a d c o m e to his R o y a l H i g h n e f s ’s ears co n cern in g him . Jt was as follow s.• - p H a t y o u r petitioner is a lre a d y , on his

a c k n o w l e d g m e n t , c o n v i & e d o f thegreateft o f all crimes, that o f h i g h treafon, b y rebellion a g a i n # his moft: facred M a ­j e f t y and his c o u n t r y ; and has received t h e fentence of death j u f t l y due.

Y o u r Petitioner has heard yo u r R o y a l H i g h n e f s was inform ed, that he wa3 g u i l ­t y o f other a g g r a v a t i n g crimes, w h i c h a- lone w ould render him a n objedl o f hor­ror and deteftation to all g o o d m e n , tho* th e g u i l t o f rebellion had not been a d d e d t o t h e m ; that o f advifin g the p u t t in g to d e a t h thofe w h o w e r e prifoners before the b a tle o f C u l l o d e n ; and a d v if in g or a p p r o ­v i n g o f the b lo o d y and barbarous order for g i v i n g no quarter to his M a j e f t y ’ s troops a t that b a tt le .— [See p. 3 8 3 . ]

Y o u r Petitioner begs le a v e to aflurey o u r R . H i g h n e f s , t h a t h e s e v e r g a v e , or

• ♦

had a n y o p p o r t u n it y to g i v e fuch advice* t h a t he n e v e r w a s a t a council, while he w as fo u n h a p p y as to be engaged in the rebellion , e x c e p t one at D e r b y ; for which h e appeals to a n y in or about London, w h o m a y k n o w , i f ever he was feen at one. j

C r u e l t y was never a part o f your peti- , tioner’ s character, either in the former p a r t o f his life, or d u rin g his engagementw i t h the r e b e l s ; and m a n y prifoners, all h e had accefs to, w i l l teftify, that his be­haviour to, and care o f them, ftiewed a v e r y different difpofition. I f ever there w a s fuch a propofal m a d e w ith refpe&to th e prifoners, y o u r petitioner mult have fallen under th e im p u tatio n o f it by a m i f t a k e o f n a m e s, h e h i m f e l f having ne­v e r heard o f it.

F o r the order t o g i v e no quarter, your petit ion er l i k e w i f e protefts he never knew or heard o f a n y fuch th in g , till he was fo m e d a y s a prifoner a t Invernefs; nor could h e g i v e credit to th e report of it, till h e w a s affured y o u r R . Higbnefs had g o t the o r ig in a l order, figned, G e o r g e ' M u r r a y . A n d th e petitioner prefumes, th a t ord e? m u lt h a v e been given by the perfon w h o figned it, o f h im fe lf j for all orders t h a t e v e r c a m e to y o u r petitioner’s hands, w e r e figned b y M r Sullivan.

Y o u r petitioner m o l t h u m b ly intreats y o u r R , H i g h n e f s , o u t o f your princely ju ft ic e and c o m p a n io n , for an unfortunate m a n , a lre ad y u n h a p p y en o u gh from his confcioufnefs o f the crim e he is juftly con­d e m n e d for, to entertain no fuch fenti- m e n ts o f h im as w o u ld a g g ra v a te the 0- d iu m o f his m e m o r y , and add to the g u i l t o f his p u b l i c k offence, b y private injuries in t h e c o n d u c t o f i t * and that y o u r R . H i g h n e f s w o u ld be pleafed to i n f o r m y o u r l e l f o f th e truth o f what is a b o v e h u m b l y reprefented, from thofe who m a y beft k n o w . A n d i f i t lhall appear,o r be p r e fu m e a b le , th a t your R . High­nefs’ s in fo rm a tio n has net been well ground­ed, or t h a t a n y m i f t a k e o f names has been t h e caufe o f i t ; le t no more be imputed to th e petitioner th a n he ju ft ly deferves: l e t n o t his character fufFer for the faults o f o t h e r s ; and c r u d t y and inhumanity,w i t h o u t g r o u n d , be added to his publick c r i m e o f rebellion.

And if your Hi^ncQ upon fanbe*

I

farther examination, find reafon to be­lieve yoar petitioner innocent of thefe malicious and deteftable fentiments, he humbly begs leave to implore, & c . [as above, in the petition to the PrinceJ.

Great intereft was made in behalf of the Earl of Cromertie. His Lady wentabout, the day after fentence, with petiti­ons to the Lords of the cabinet-council ; and on Sunday, Aug. 3. fhe was at Ken- fingtan, in mourning ; and, falling down on her knees to the King as he was going to chapel, took hold of the hem of his coat, held out a petition, and fwooned a- way. His Majefty raifed her up with his own hand, took her petition from her,and gave it to the D u ke o f Grafton, whowas behind ; defiring Lady Stair, who ac­companied Lady Cromertie, to carry her to an apartment where fhe might be ta­ken proper care.of. A day or two after, the Dukes o f Hamilton and Moncrofe, the Earl of Stair, and feveral others, in­terceded with the King in his behalf; and it was by fome people expeded that both the Earls would be pardoned.— As for Balmerino, a letter from London, o f Aug. 7. bears, that he never affced his life; that, the day after fentence, hear­ing that the two Earls had made applica­tion for mercy, he faid, by way o f fneer, That as they had fo great intereft at court, they might have fqueez’d his name in with their o w n ; that a Gentleman who went on the 6th to fpeak to him on bufi- nefs, excufing himfelf for intruding on the few hours his Lordfhip had left, Bal- merino replied, “ N o intrufion at all, Sir j fo r i have done nothing to make my con* fcience uneafy. I fhall die with a true heart, and undaunted j for I think no man lit to live, that is not fit to die ; nor pm I any ways concerned at what I have d o n e a n d that his Jacobite friends im- pudentlycalled this behaviour heroifm.—On the 5th, the Earl of Cromertie recei*ved a pardon or a reprieve ; on the 1 ith an order was figned in council, for the execution of the Earl o f Kilmarnock and Lord Balmerino on Tower-hill on Mon-

4

day the 18rh ; and on the 1 2th, two writ? paffed the great feal, to impower the Lord Cornwallis, Conliab'e of the tower, to de­liver their bodies to the Sheriffs o f 4ga $ a t day, far g^eQution,

M r James Fofter, an eminent difTenting clergyman, attended the Earl of K ilm ar­nock, and has publifhed an account of his behaviour after his fentence, and on the day of his execution. According to which, at their firit interview, in the evening o f the 7th of Auguft, this unhappy Lord was fo fenfible of the great crime o f his re» bellion, that he aflured Mr Fofter, “ T h a t , in the hours of his confinement and foli- tude, he had felt it lie as a fevere and heavy load upon his fou l; and particular­ly upon thefe two accounts, which were peculiar aggravations of his guilt, that he had been a rebel againft his confcience and inward principles, and in violation o f his oath folemnly and often repeated.’ * And when, in order to take in the whole compafs o f his guilt, M r Fofter reprefent- ed, “ T h a t the rebellion was entirely un­provoked and ungrateful, and of confe- quence moft unjuft and unnatural; that the K ing ’s right to the crown was, even in his Lordfhip’s own opinion, inconteftar ble, and his government had ever been mild and gracious; and that his Lordfhip, by joining the rebels, had been inftrumen- tal in diffufing conftemation and terror thro’ the land, obftru&ing commerce, gi­ving a fhock to publick credit, in the de­predation and ruin o f his country, and ought to confider himfelf as an acceffary to innumerable private oppreflions and murders,” he himfelf added, with a fen­fible concero, Tea, and murders of the in­nocent too !

Bat when the confcquences o f the rebel­lion were mentioned to him, T h a t by it not only the perfonal rights o f the K ing and his iliuftrious houfe were attacked, but the national happinefs was endeavour­ed to be deftroyed, and the hopes of pofte- rity fruftrated ; and that its natural ten­dency was to the utter fubverfion of our excellent free conftitution, to extirpate our holy religion, and introduce the monftrous fuperftitions and cruelties o f Popery, aad the unbounded aiifchiefsofarbitrarypower:— “ Here [fays M r Fofter] he hefitated, and did not feem to have fo clear a convi­ction as I thought was neceflary to render his repentance compleat. H e faid, he hadconfidered this as a thing pofiible, or, atmolt, as a remotely probable co n flu en ces

but

A u g . 1 7 4 6 . Extrafts of M r Fofler's account of Kilmarnock. 381

but had not looked upon it as (o clofely .conneded with the fuccefs of the rebellion, as was generally imagined: T h at , as far as he could learn from all the c o n v e n t i ­ons he had wirh the pretender’s Ion, and all the knowledge he could gain of his len- timents, he was not a perfun that had a real concern for any omward profeilion of religion ; he thought therefore, that, to introduce Popery, he would not run the rifk of defeating his main defign ; that the experience which his pretended family had liad of the ill efFcds of making any violent attacks upon the conflitution and liberties o f this country, would make him cautious and deliberate ; or hoped, that the gene­rous invincible fpirit of Btitifh liberty would render all fuch attempts uniuccefs- f u l : for that he himfelf was never, in the utmoft heat o f his rebellion, a well-wifher to tyrannical power and Popery, which laft he could never embrace, without en­tirely renouncing his underltanding as am a n .”

“ T o this I anfvvered, [continues M r Foftei], T h a t I was forry to find his L o rd ­fhip had been impoled upon by luch vain and fallacious reafoning ; that if what he had laid of the fon was really true, yet the lather, whofe fpurious claim he came to aflert, was, by all accounts, an inflexible fcit'ot to the Romifh fuperllition; that it could not be imagined, but that the young pretender alfo, having been chiefly educa­ted at Rome, thought himfelf under the 'ftrongdt obligations to promote the fame caufe ; that the manifelto he had publifh- cd was in the lame ftrain with the decla- ration of K . James I f . v i z . T h a t he in­tended to allow to a ll his fubje&s free li­berty o f confcience ; which, the Protetl- ant people o f England plainly law, was intended to open Popifh mafs-houfes, and, under the colour o f this indulgence, to bring in a fwarrn of Priefis to corrupt and poifon the land ; that, without doubt, thecourts of France and Spain would neverh ave attempted to fupport this ufurpation, without having dire&ly itipulaied in fa­vour o f Popery, and for the extirpation o fthe Profeftant religion, the great fupport o f Britifh liberty ; that if, thro' the pufil- lanimity and conllernation of the people,

■ifivho, bycolk& ing the fiftieth p a n o l their

force, were able to have trampled downthe rebels under their feer, and to have t*x- tinguifhed every fpark of this unnatural confpiracy), they lhould have come into poffeffion o f prefent p ow er; yet it could not be imagined, but that the King (who was a great prince in virtue o f his foreign dominions, and who would be fupported by the Proteftant Hates o f Europe, and, in all probability, by the houfe of Auftiia too, in order to preferve a juft balance, and reitrain the exorbitant powerofFrance) mull make long and vigorous efforts to re­cover his legal r i g h t ; that the pretender’s government could therefore never be efta- blifhed, without a French llanding army to inluit and awe the nation ; which would only be granted upon condition of our making a hafty and inglorious peace, be­traying the mod important and valuable parts o f our commerce, and feems to ren­der the facrifice o f our religion and liber­ties not only highly probable, but abfo-lutely inevitable. T h is is the fubftanceo f our converlations upon this head ; in the clofe of which he declared, That he faw thefe confequences in a quite different light from what they had ever appeared to him in before, and fincerely lamented

* 4

his having any hand in entailing fuch evils upon his country. And when I told him, T h a t I fuppofed he had never allowed himfelf to enter deeply and ferioufly into the fubjeil; he faid, T h a t , in truth, he was not very fond of thinking much about it, but rather inclined to flatter and delude himfelf.”

W hen afked, W hat could be his motive to engage thus in the rebellion, againft his confcience, and in violation of iacred oaths ? he anfwered, T h at the true root o f all, was his carelefs and diffolute life, by which he had reduced himfelf to great and perplexing difiiculties; that the exi­gency of his affairs was in particular very prelTing at che time of the rebellion ; that, bolides the general hope he had of mend­ing his fortune by the fuccefsofit, he was alfo tempted by another profpeft, of re­trieving his circumliances, i f ne followed the pretender’s ftandard ; and that his love of vanity, and addi&ednefs to impurity and fenfual pleafure, had not only broughtpollution and guilt upon his loul, but de­

bated

3 8 2 Extracts of M rFofter’ s account of Kilmarnock. A u g . 1 7 4 ^

Aug. 1 746- Extracts o f M r Fofter's account o f Kilmarnock. 383h / • i 1 • r \ # ♦ j * A - _ _ .

bafcd his reafon, and, for a time, fufpend- cd the exercife o f his focial affedtions, which were by nature (trong in him, and, in particuiar, the love of his country.

“ Heavy charges of inhumanity and cruelty, I told him, were fpread among the people concerning him, [/> 380.}; and by many believed. I delired him therefore to be honeit and free in clearing his confcience o f fuch a load of moft un­natural guilt, by anfwering to the follow­ing interrogations, which included in them the fubltance of thefe charges.

Was your Lordfliip prefent in the pre­tender’s council at Inverneis, or any other place, before the battle of Culloden, where it was propofed to deftroy the prifoners taken by the rebels ? — 1 can moji fincere­ly and freely an fiver. No.

Was you ever prefent in council where this was propofed ? — No.

Did you ever move for fuch an order ? — No.

Did you ever fign fuch an order ? — No.Did you ever carry an order o f this

kind to the French General Stapleton ? Did you ever, in his prefence, approve of fuch an order ? Did you at any time, hearing it had been communicated to him, encourage and excite him to the execu-otion o f it ? — T o all which he anfwered in the fame manner, No.

Did you ever know, or hear, that fuch a thing, or an order to give no quarter, was debated, or agreed to, or figned in the rebel-army, till you was taken by the K ing ’s forces, and a prifoner at Invernefs ? Or do you know yourfclf guilty o f any cruelties, by you authorifed or committed, againli the K ing ’s foldiers or fubje&s ta* ken prifoners by the rebels ? — T h e an- fwer to both thefe queltions was the fame as before.

A s to what parted in the church of St Ninian’s, [/>.47. 221. 347 ], he told me,that he knew nothing at all o f it till, up­on the retreat of the rebel-army, he was at fome diltance from Stirling, where he had been confined to his bed by a fever ; that the firit notice he had of ir, was the noife o f blowing up the church ; of which he could never get any but an indiitindl •nd confufed account; that it was repre-fcned by the rebels as actk le ju a l; but

#

concerniag this, he could certainly fay thing; only, as to himlelf, he foltumly declaied, that he had no knowledge be­forehand of, nor any concuriencc in a de- figned aft o f cruelty.

I told him, however, that he was char­ged with an inftance of barbarity to the priloners confined in the church at I iver- nefs. And the account which he gave o f the fadt, is as follows. That there were orders ifTued by the pretender’ s for., to firip them of their cloathing, for the ufe o f fome of the highland rebels; that the warrant for executing this order was fent to him r that he did not enter the church in perfon, but committed the execution o f it to an inferior officer ; that the prifon­ers, at fir it, refufed to fubmit; upon which there was a fecond order, and their cloath« were taken from them : but that, in the mean time, the perfon (tiled the French Ambafiador reprefented to him, that this was an outrage, which he thought fcarce jultifiable by the law of nations, and the rules of war ; he therefore, while the cloaths lay in heaps, with proper centineta over them, in the itree:s of Jnvernef?, went up to the pretender’s fon, and re­prefented the matter in the light in which the French Ambaflador had itated it, and according to what were his own fentimentJ likewife ; upon which, as it was feared that fuch ufage might make an ill impref- fion upoo the minds of the people, the cloaths were again reftored. A*id this', he averred to me, was the whole of the tiuth. as far as it ever fell under his knowledge.’ '1'’

M r Foller fays, that this unfortunate Nobleman was o f a foft, benevolent difp^-fitioo, always remarkably mild and tem­perate in his behaviour, and free and in­genuous in his confeflions; and o f the laft# gives, among others, the following unque- itionablc inllance. “ His Lordfhip had been charged, and he imagined without a juft foundation, with having uttered & falfhood, when he fnid in his fpeech at the bar of the hcufe of Lords, that it was very eafy for him to have ejcaped. This he (till thought was true upon the rebel armyTs firft giving way, as the greateft part o f that body actually did efcape, with whonvhe was joined. But after he had fepara-ted hiiuielf from tkca), and was advanced

a n y/

3S4 P O E T I C A L E S S A T S. Aug.1746.any confiderable w ay towards the K in g ’ s troops, he believed that his efcape was not pra&icable. But tho’ he hoped that th is would clear him from the imputation o f having wilfully prevaricated in the in- Jlance already mentioned j yet he ow n­ed, that in another, induced by the love and ftrong defire of life, he had grofsly falfified. T h e cafe, as he reprefented it to me, was thus. H e had afferted in his fpeech, T h a t tho’ he could have efcaped, he did not chufe it* becaufe the confe­r e n c e s , in an inftant, appealed to him more terrible, & c . [as p. 377 . to the endo f the paragraph] . But the real truth was,T h a t he had no intention at all to furren-

i

der ; and that his only v iew was* to fa­cilitate his efcape : for that he thoughtthe body towards which he advanced,were not the K in g ’s, but Fitzjames’s h o r l e ; and that i f he could reach them, b y mounting behind one o f the dragoons, his efcape would have been more certain, than, as he was then on foot, it appeared to him in his prefent fituation to be j tho’ he did not find his ftrength or fpirits in any confiderable degree impaired. T h is , he thought, as it related to his inward in­tention only, could not be difcovered but b y his own confeffion, nor known to any but G od and his own confcience. But he was willing to unburden his foul, and purge it o f its mod fecret g u i l t ; and therefore prefled it upon me in a particu­lar manner, and efpecially on the very day before he wds executed, not to forget topublifh to the world this circum ftance; becaufe as he had folemnly uttered, before fo auguft an affembly as the houfe o f Lords, a direft and known untruth, he thought, i f he fhould die without a retra­ctation o f it, and a publick acknowledg­ment o f his offence, he mull be consider­ed as one who prefumed to appear before the tribunal of G od with a lie in his m o u th .— And here I cannot help think­ing m yfelf bound, in juflice to Lady K i l ­marnock, to declare, that he faid to me, tho’ fhe was bred in different feqtiments, chat he thought her now more inclined to W higgifh than Jacobite principles. A n d the Rev. and Hon. M r H om e, and M r Jlofs his Lordfhip’s folicitor, defired meto info?m the world o f another thing,

w hich he had exprefsly mentioned to them, <ltiz. that inftead o f exciting him to, Hie had diffuaded him from entering into the late wicked and horrid rebellion.”

[The executions w ill be in our next.]

O n T o b a c c o . In imitation o f Prior.

WOman, w ith contradiction fraughtt W ith good things finds the greats/1

Calls e'en tobacco Indian weed, [fault s Tho' Britifh herbs it f a r exceed.W hat tho’ K . James wrote books againfi itfHe prudently at length difpens'd w i' t: When once old Cecil made appear It brought in thoujand pounds a-year;Then, Jem m y, like Vefpafian you cry, From a ll things, dulcis odor lucri.

Tobacco, unrefìrain'd by rulei,The chilly warms, the hotter cools;The plowman, huntfman, laborer, fpinmrt To fa v e their pipe cow'd lofe their dinner}In toothach ’/is a known fpecific.In country cot tag es prolific:Yet Ladies fine, throughout the nation,( Far gone in fpleen and affeSlalion)tS till cry, T ob acco ’/ only ufe is,T ' unbrace the nerves, and dry the juices• But Ladies may in judgment f a i l :For infiance, hear the following tale.

Near Offa’j dike, of burly frame,A lawyer liv 'd , w e 'll w ave his namet Who dearly lov'd a buxom lajs,Nor lefs a chearful pipe and glafs.But, finding he ran daily more in Debentures, by mere dint o f whoringt Grew tir'd o f fuch utichrifiian carriage And chofe to mortify in marriage.Love, fw a y 'd by reafon mofi profoundt A w ife produc'd, and thoufand pound.

A t firfiy like firiftefi devotees,He's night and morning on his knees :Buty when the boney-moon was overt Grew fomething a more mod'rate lover $W m 'd take his guny and kill a fnipe,So meet a frien d , and fmoke a pipe.

When home he comes, fhe jmells his breathy Cries, G a d ! you'll poifon me to death : T obacco ! faugh I what w ife, ye pow'rsf Can bear fuch (links, and odious hours ?

My dearedy I 'v e no more tofay ;Tou /hall command, and I ' l l obey.

Next morn he ftirr'd not from the houfe,But fpcnt the live-long day w ith fpoufe.

f t

t

Au<*.i746. P O E T I C A L E S S A Y S . 385To bed they went juft after /upper ; When he to Madam turn d his crupper j And tho' fu ll many a figh it coft her, Th'infenfible ne'er chang'd his poflure.

Next day /he feem d extremely fro-ward

This was not right, and that untoward. At length jhe cry d, w ith look /0 queer, Lafl night you were not well, my dear. Quoth he, and foft hand gently prefs'd, I'm forry i f 1 broke your re/l :Peri/b all matrimonial ft rife !E'en tho1 tobacco fa v e my life.Till now I've ta'en it ftitl by ftealth j Without it never had my health ;June feerns, without it, like D ecem ber;1 lofe the ufe o f ev ry member;Yet /, my love, could die to plea/e ye.— Die? No, quoth/he, F 1 1 make you eafy- Here, Suian, run— But, take this gui­

nea,Fetch ten pounds of the beft Virginia.The healing plant di/pelPd her cares ; He had his pipe, andJbe had her's.

T o C h l o e . O n a butterfly. ^O m e, Chloe, view , with curious eye,

This painted form, a butterfiy ; Behold its gaudy plumage glow With all the colours of the bow !The fe a-green em raid's v iv id hue ; The modeft /aphire's heavnly blue;The ruby's rofy tint, that vies In blufbes with the morning /kies:Here gold emits a radiant blaze;There fiv e r Jhines w ith paler rays ! Behold, my fair, w ith fweet furprize, The living mafs o f jewels flie s !RefleSling all the rays of light,Beyond the birth day prince/s bright. But know, /air nymph, that one fhort Beholds it glitter— and decay.— [day Fir (I from a worm it took its birth } Again a worm it crawls on earth.So all our glitt'ring belles and beaux. Alike from worms at fr f l arofe :Alike to worms again fhall turn ; Their bed the duft that fills their urn. In death then equal— ere you die Be fomelhing more than butterfiy.

O n a D O G .D R ito n s ! your impious murmurs ceafe,

Now W a r * is dead, we mufi havt peace.

* T h e d o g’ s name.

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O n a y o u n g L a d y .

N O W from the North the fun retires apace.And bends his courfe to run his Southern

Proceed, thou bufy light, and take no care [race 2O f thofe remoter qlimes ; — fo r R -----'s there.That charming nymph can for a while fupply Thy glad'ning rays, and winter s gloom defy ;Can fpread a chearful fmtle thro' hills and plains In fpite o f hardening frofts, or foft'ning rains. Methinks, tho' diflant, that I fe e l her pow'r To cafm the blaft, and àiffìpate the Jbow 'r:Tho/e Northern winds that once were cold as deaths Are now perfum'd and temper'd by her breath.0 ! fend thefe gales w ith comfort to my heart ; And when return'd, let them my love impart.Thus they, as fpeedy meffengers, may treatIn our amours, till we our/elves are met.But ah ! till then, how does the time appear ? Each week a month, each month becomes a year. Hafte back then, /un, and bring, without delay fThat ch arm in g month that (hall be doubly M a y .

G - - - - - J - - - - - - - - B .4

T o the D U K E , on his return.

W Elcome, great prince, from Scotland’/ hoftileJlore,

W ith laurels, where they never grew before ; Welcome to Britain’/ better part ; we fee Thy Royalfather's life renew'd in thee.Such was young E d w ard, bred, w ith equal caret By his great fire to all the toils of w a r ;Who at his ftandard fought, and won the crown O f haughty France, by the young hero won. Louis, thy lufi o f conqueft is in vain ;For fuch thy fate w ill be his next campaign.

O n the expiration o f a hard a p p re n tic e d ip,’

T H ' expeBed morn, in ro/y mantle dre/s'd, W ith night's dim /hades, drives /orrovj

from my breaft.Tran/porting day! my better birth to thee1 ow e; for more than life is liberty. —The various woes o f flav'ry s fordid ftate Submit to Time, the delegate o f Fate.O f wifh'dthro' feven long years, a ll blefsfulhourfThro' ev'ry vein 1 fe e l thy pleafing pow'r.To paint the new-born pieafuresyou impartt While yet he feels, excells the poet's art.Wirds prefson words, and thoughts on thoughts arifet The praife lw ifh, nor words nor thoughts compri/e% The breaft that feels my joy, alone can k n o w I f yet another is fo blefs'd below:For who fuch fweets in liberty can tafle,That Jees not yean o f equal bondage pafi ?

V q l . V ì U . 3 E F O -w * *

336 F O R E I G N H I S T O R Y . Aug.1746,F O R E I G N a 1 S T O R T.

N R oin C o n ltan tin o ple it is allured,LfH that the negotiations between the

■ J j P o r t e and the S h a h N a d i r . be­ing entirely broke off, the latter has a- gain appeared on the frontiers of A rm e­nia, with three large arm ies; the firft, o f 80,000 men, commanded by himfelf, a- l>out Hamadan ; the fecond, o f 6o ,ooo,under his eldeft fon, at Kars ; and the third, of which neither the number norcom m ander is mentioned, between thet w o former.

T h e R u s s i a n troops in Livonia, and the naval armaments in that empire, are faid to be deftined to three purpofes, all conducive to the general interefts o f the

o ________

houfe o f Auftria and her allies, <vi%. 1. T o countenance the loyal party in the enfu- i n g diet o f Poland, in their fcheme of augmenting their forces. 2. T o give the diet o f Courland an opportunity o f pro­ceeding immediately to the election o f a D u k e , and thereby o f adding a new de­gree of honour and power to the houfe o f Holftein. 3. T o employ the attenti­on, and fufpend the intrigues and opera­tions o f a certain prince, vvhofe unexpect­ed fallies have produced greater inconve- niency than all theendeavoursof the potent houfe o f Bourbon. T h is has given great umbrage to the court o f France, and M . d ’ Allion,her minifterar Peterfburg,hasde- clared his mafter’b diffatisfa&ion at the re­ports that thofe troops are to a d againft France, in favour o f the courts of L o n ­don and Vienna. Notwithftanding that, the preparations ftill g o on ; and there isn o account o f any direCt anfwer being made him.

H ì s D a n i s h Majefty Chriftian V I . h a ­v i n g departed this life on the 6th o f A u -guft, N . S. his fucceflor Frederick V . was proclaimed the fame day, and entered up­on the government.

It is faid that the K ing o f P r u s s i a

n o w exhorts the princes o f the empire to fend their contingents to the Imperial ar­m y , and promifes to do the fame himfelf. Agreeably to this, they write from H a ­nover, that difpatches have been actual­ly received there by the regency, from their minifter at the court o f Berlin, in­timating, that his PiulTiaft M ajc l ly had

refolved to fend a confiderable body of histroops to the Rhine, and that provifions and forage have been ordered to be g >t ready for thofe troops in their march through that electorate. — His Majefty has given the miniftry of Vienna freih af. furances o f his refolution to abide by the laft treaty concluded at Drefden, and his minifter at Ratifbon has been folictting the guarantee of the diet to that treaty.

T h e ftates o f A u s t r i a have granted to the Emprefs-Queen an extraordinary fubfidy o f 500,000 florins, which is tobe fent into Italy, to pay the arrears dueto the officers o f her Imperial Majefty’s , troops there.— Prince Cantacuzenohas re­ceived fentence of perpetual imprifonment, and his daughters are to be (hut up in a nunnery.— Baron T r e n c k was condemn* ed to death ; but his punifhment has been changed by the Emprefs-Queen into per­petual imprifonment in the caftle of Kuff- ltein, and the confifcation of his vaft for­tune, which confifted chiefly in ready money. 1

As fome difficulties have occurred with refpeCt to the palfage o f an additional re­inforcement o f 1 5,000 Auftrians from the Rhine to the allied army in the Nether­lands, we are now told, that thofe troops are lent into Italy, where they can aft to as great advantage ; and that when the laft letters came from thence, part of them were actually arrived in the Mantuan.

By our former accounts of I t a l y , the 1 combined army of French and Spaniards was drawing together about Codogno, in order to reiift the attacks o f Gen. Brown, on the one fide o f them, with a ftrong bo­dy o f Autlrians and Piedmontele polled on the Lambro, and Gen. Roth, on the other fide, with another body upon theAdda. T h e King of Sardinia was pre­paring to pafs the Po with more troops; and G en. Brown was making difpofitions to force a palfage over the Lambro. M. de Gages kept fo good a countenance,

! that the Auftrian General defired to know of the K in g o f Sardinia, whether it was advilable for him to make an attack with a force only near equal. Upon this his Sardinian Majefty marched in the night between the 31ft o f July and ift of Au-gull N . S , at the head o f his own troops

palled

Aug. 174«- F O R E I G N H I S T O R Y . 387palled the river, and foon joined Gen. Brown with the body commanded by him.M. de Botta, who had been left before Placentia, called over the belt part of the troops which Gen. Roth had at Pizzighi- tone and Cremona, to reinforce the Au- ftrians under his command. T h e moti­ons of his Sardinian Majefty foon obli­ged the French and Spaniards to abandon lucceilively their polls o f Marignano, L o ­di, Chignolo, StColumbano, and others

• which they had between the Lambroand the Adda, and to draw nearer to their in- trenchments at Placentia and upon the Po. At length they were determined to take a defperate refolution, which was that of pafìing the Po, in order to attempt a re­treat towards Tortona. For that purpofe they drew down their boats which they had upon the Lambro, and brought up the Po thofe which they had at Placen­tia. With them they laid three bridges over the Po, between the mouth o f the Lambro, and that of the Tidone, near the caffines called La Corta di St Andrea. T h e bridges were finifhed the 9th in the evening, and their feveral bodies, which had been ported at different places, being drawn together, the army began to pafs over that fame evening, and all the night between the 9th and 10th. Next day a bloody engagement happened between them and the troops that had been left under the command of M. de Botta on the fide of Placentia. T h e lateft account of this action, with the immediate confe- quences of it, publifhed at Vienna, is as follows.

“ As foon as advice was received thatthe enemy, notwithltanding our difpofiti- ons on the Tidone, had thrown three

% bridges over the Po, and was palled with their whole force, it was refolved that the army fhould break up at midnight on the 9th, and advance towards them, after ha­ving reinforced Gen.Nadalti’s fmall corps with two battalions and t o o German horfe, who was to be left behind to ob- ferve the town and garrifon of Placentia. During our march we heard a great firing not far from the town, and foon after­wards learned that the enemy had not on­ly burnt their bridge at Placentia, buthad alfo blown up the lete du pone. T h e

1

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evening before, Gen. C . Serbelloni, and Gen. C. Newhaus, were detached to Rot-tofreddo with the avant-guard, confilting of fix battalions, as many companies o fgrenadeers, and 1000 horfe, under G en . Baron Stampach; where Gen. Serbelloni took polt immediately, and at break o f day was in pofleflion of the bridge over the Nuretta, with Palfy’s and R oth ’s com­panies of grenadeers. Whereupon the e~ nemy endeavoured to make themfelves mafters of the faid bridge, by a detach­ment o f infantry and cavalry; but were obliged to retire without effectuating their dtfign, by the valiant behaviour of Roth’s grenadeers j in which attack the Firft Lieutenant and fome men were woundedl

In the mean while Gen. C. Gorani joined the above faid fix battalions with ten companies o f grenadeers, and the ar­my advanced a l fo ; when it was refolved, not only to follow the enemy on the other fide o f the Nuretta, but alfo to attack them immediately. In confequence o f which, Gen. Serbelloni, who was after­wards wounded, and the Gen? Neuhaus and Gorani, led up the 16 companies o f grenadeers on the right hand fide of the highway, and the fix battalions on the left, and attacked the enemy. T h e fire was very great and obrtinate on both fides, and the enemy’s cavalry forced our infan­try, notwithltanding the great bravery which they fhe wed upon this occalion : but Gen. Stampach, with the command under Lr-Col. Baron Holly, fuccoured them fo effectually, that the enemy was at lalt obliged to give way, and abandon to our troops one ftandard and fome colours.

Among the above faid 1000 horfe were 300 Piedmontefe dragoons, who behaved with uncommon bravery, and took four pair o f colours and one ftandard from theenemy.

In the mean while the army formeditfelf, as well as the ground would allow of, by reafon of the many ditches and thickets, and began the attack with the greateli vigour. T h e enemy fought very obflinately, and as they had the advantage of the ditches and thickets, we were obli­ged to difpute the ground itep by ftep, till at lalt thev were forced to retire over*the T i d o n e j and w e accompanied th e m

3 E z w i t h

333 F O R E I G N H I S T O R Y . Aug.1746.w ith a continual fire from our artillery as foon as we could gain the rifing ground. But as they occupied fome caffines on the other fide, they fired continually from their cannon upon us, till we had raifed tw o batteries upon the faid rifing ground, one o f five great pieces o f cannon, and the other of four fm a l le r ; whereby the enem y’ s fire was greatly interrupted. A t this time G en. Bernclau, who was juft going to lead on againlt the enemy two brigades of infantry, four fquadrons o f ca­valry, and John P alfy ’s company o f ca­rabineers, was fo defperately wounded by a mufket-ball, that he died foon after.

T h e battalions that had been in the fire all this time had fuffered greatly, and were very much fat igued; whereupon G en. R o th was ordered to advance with the left wing, which he commanded, to the centre, and to pafs the faid river Tidone, and to fall into the enemy’ s flank, i f pof- Jible ; and at the fame time G en.G orani, w ho had been reinforced with fome bat­talions, and fupported by the cavalry, turned alfo towards the centre : fo that the enemy feeing themfelves attacked on both fides, caufed frefli fuccours of caval­r y and infantry to advance continually, and made an incredible fire upon ourtroops: who, notwithftanding, advanced upon them, and obliged them to retire; during which they were conftantly follow­ed by the artillery from the two batteries under Lt-Col. Schrems.

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A t the fame time Gen. Andlau, who was feconded by detachments from thethree regiments of cavalry under the c o m ­mand of Gen. C . O D o n e l , advanced up­on the highway towards the enemy ; fromwhence, jointly with Gen.Palavicini, whowas returned, after having had a wound dreffed, which he had received by a mu- iket ball on the head, he drove the ene­m y away, and obliged them, after a v e ­ry obftinate defence, not only to abandon the cafiines and the cannon therein, but alfo to quit the field o f battle ; whereby the A lm ighty declared the victory, which had been difputed during eleven hours, on our fide. O n which occafion it muft be impartially owned, to all their well-de- ferved honour, that the generality and o-thcr officers, as w e ll as c o m m o n foldiers,

and every one, according to their functi­ons, diftinguifhed themfelves exceedingly b y their bravery and intrepidity j and alfa that the artillerifts, under the command o f Lt-Col. Schrems, did not a little con-,tribute to the happy iflue o f the afftir, and therefore have acquired a very parti­cular praile. N o General, except Bern­clau, is killed ; but Palavicini, Serbello- ni, and Vogtern, are wounded, tho’ not dangeroufly. Befides which, there arcof officers 14 killed, and 75 wounded, and of private men 345 killed, 1496 wounded, and 263 loft, amonglt which are two Lieutenants. On the other hand, the lofs o f the enemy is not yet exaCtly known ; but, to judge by advices recei­ved, and by the reports o f prifoners and deferters, it may be computed at above10.000 men, o f which we have 1300 pri­foners, together with 146 officers, where­o f 22 are French, the reft Spanifh.

T h is happy victory has, by God’s af- liftance, been followed by the farther fuc- cefs o f the furrender o f Placentia. Gen. Nadafti having, during the battle, and be­fore he knew of the fuccefs of it, fum- moned the place, and the commandant having demanded to capitulate, the town and citadel were delivered up, with a gar- rifon o f 300 men, and 6000 fick and wounded, prifoners, and 84 cannon, 30 mortars, and a very great quantity of ammunition and provifions.”

Several other accounts make the lofs of the French and Spaniards amount to the fame number of 10,000 ; and tell us, that M . Gages was flightlv wounded in the leg. According to different relations of the affair, the Auftrians loft between 2 and 3000. T h e two brave Auilrian Ge­nerals, Palavicini and Serbelloni, are faid to be dead of their wounds. Some advi­ces bear, that Placentia did not furrender till the day after the battle ; and that there were found in it, including the gar- rifon, the fick, and thofe who had been wounded in the former aCtion of the 16th o f June, about 9000 men, with 91 pieceso f heavy cannon, 32 mortars, 40,000 bombs charged, 300,000 cannon-bullets,14.000 tents, 1 2,000 fufils, 6000 pair of piftols, 8000 fabres, 3000 pieces of cloth,and 3 0 ,0 0 0 facks o f coro.

Me^R

Aug,i746. F O R E I G N H I S T O R Y . 3R9Mean while the French and Spaniards

gave our, that the advantage in the battle of the 10th was on their fide; and cfe Dtum was fung at Paris, and in the army of M. Saxe, on account of their pretended vitiory; while every detail we receive from other quarters, reprefents the confe­rences of that day as more and more difaftrous to them.

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The remains o f the French and Spanifharmy fled beyond Tortona, abandoning their baggage and artillery in their preci­pitate retreat. M . de Botta’s army was not in a condition to follow till the 13th for want of provifions and carriages. Gen. Nadafti, however, purfued with the light troops to harrafs their rear, and co­ming up with them near Voghera, killed about 200 of them, and made feveral pri foners. Others fay, that he killed above 800, and took 1000 prifoners, befides g i ­ving a great number an opportunity to defert. The King o f Sardinia, having bridges to lay over the Po, did not pafs that river till the 15th, and it was thought he would join M . de Botta at Voghera by the 1 8th.— Out of that numerous army which the French and Spaniards gave out to be compofed of 104,000 men in July lalt year, and which has fince received30,000 recruits, their Generals have not carried off full 20,000 men, into the Ge-noefe territories, all the reft being killed or taken, or having deferted.

From Genoa we are told, that the army c f the three crowns, fince their laft defeat, have been joined by eight French batta­lions from Provence, and fome Spanifhtroops that were in thofe quarters; and that, as the communication is entirely free, they will be immediately reinforced by a frelh body o f Genoefe. A t the fame time we are informed from thence, and other places, that the Spanifh cafhier in that city has received orders to fend back to Spain all the remainder o f the money that was fent into Italy under the reign of the now Queen-dowager; that the Marquis de la Minas is arrived to take Upon him the command o f the Spanifti troops, and with full powers to conclude a fulpenfion of arms with the King of Sardinia, including in it the French, N ea­politan, and Genoefe troop?, i f their G e ­

nerals defire i t ; that he had brought or­ders for the Infant Don Philip, the C. de Gages, and M - de Cafiellar, to return to Spain ; that it was expe&ed they would all foon fet out for that kingdom, and there was great reafon to fear that the Spanifli troops would follow them.

From N a p l e s we have an account of two late infurretìions in Calabria and the Abruzzo. Thofe engaged in the lat­ter had beat and cut to pieces a fmall bo­dy of fbirri, and retired to the mountains. A detachment o f 200 men had been fentto fubdue them ; but as their number in-creafed daily, it was thought that it wouldrequire a greater force to reduce them toobedience. T h e court had publifhed apardon to all deferters, upon conditionthat they fhould enter into the King’ s fer­vice.

According to advices from Madrid, the late King of S p a in by his will left to the Queen his coniort the palace o f St Iide- fonfo,with all thefurnitureofit, for her life; and a dowry o f 600,000 crowns per an­num, befides 200,000 ducats which it is ufual to give the Queen-dowager. She is permitted to chufe for her refidence what city in the kingdom fhe likes beft, provi­ded it be not a frontier-city, or to retire into any foreign country. By the fame will his Majefty ordered 200,000 malies to be faid for the repofe of his foul. W e are informed, that immediately after the coronation o f his prefent Majefty Ferdi­nand V I . he addrefied himfelf to the N o ­bles prefent in the following pathetick manner. “ My Noble Lords ! and great, gcod men! Be affured, the whole future bufinefs o f my life fhall tend, with the afftftance o f the Alm ighty, to the promoting the honour and happinefs of Spain, and the welfare of my dear countrymen. I fhall fet out with a hearty endeavour to termi­nate, as foon as poiTible, the prefent dij- tra&ing troubles of Europe, tho’ my bed endeavours (thro1 the prevailing ambition c f prince?) may prove fruitlefs. But the manner in which I fhall a d with reeard&to thofe which more nearly concern thefe kingdoms, I truft, will not be ir.coniillei t with the glory of Spain, or appear in youreyes unworthy the high dignity this d a y confumma:<;d.” — I t is l ik cw ife faid, that

his

3 90 F O R E I G N H I S T O R Y . A u g . i 746.his Majefly employs two hours everymorning and evening with his minillers ; and that as he is deiirous o f feeing every thing with his own eye?, he intends to ap­point one day in each week for giving pu­blick audience, and to fix a box To as it m ay have communication with his own apartment, into which any one who plea­ses may have free liberty to put their com ­plaints againft any of the minifters o f ftate.

T h e armies o f the allies and o f France i n the L o w C o u n t r i e s , which by our former accounts were within fight of each other, continued fo for fome time. T h e y had frequent fkirmifhes, in which it is faid that the allies had generally the advan­tage. A t one time 135, and at another 100 carriages, loaded with wounded men, were conveyed from the French army to Bruflels. On the 7th o f Auguft N . S. they removed 2000 paces farther from the a l­lies, and took poft about St Girard. T h e 1 3th M . Saxe fent off a detachment o f a-bout 12,000 men, under the command of

'C . Lowendahl, and next day he broke up his camp, and marched to the left: upon which the allies made a motion to the right towards the Mehaigne, by the way which leads by Tourine les Beguines to St T ron and Tongres. C. Lovvendahl’s detachment, after much marching and countermarching, to conceal their real de- fig", at length took the route o f Huy, in the bifhoprick of L iege; which they made themfeives mafters of, with the few fick and the provifions which the allies had ini t ; as alfo of fome hufTirs, who had been left to guard the provifions. From this place C. Lowendahl fent out detachments to take poft all along theM eufe down to Liege, in order to cut off the communica­tion between the allies and Holland. A - bout the fame time a defign was formed to feize the Auftrian train o f artillery, with its efcort, which was coming from G e r ­many : but Pr. Charles, having timely no­tice of the project, ordered it toMaeftrichtj where it arrived fafe, with about 2000 re­cruits. M . Saxe, with his main army, did not pufh his march beyond St Tron 1 but faced about, and drew up to the North- fide o f the Mehaigne. In the morning o f the 15th, all the French army, exceptL o w e n d a h P s corps, were feen m o v i n g to?

wards the allies in fix columns, two be­tween Argenfon and Perweifs, and four between Perweifs and Boneff. T h e allies took poffeffion o f all the villages along the Mehaigne, upon which a great deal of cannonading and firing with fmall arms enfued, and all the night following there were conflant fkirmifhes. Next dav, du-*ring a fmart fkirmifh, Lord Garnock, Aid de camp to the Earl o f Crawford, was miftaken for a Frenchman by the Auftri­an huflars, who fired at him. In endea­vouring to efcape from them, he fell into the hands o f the French, and was carried before M . S a x e ; who immediately relea­fed him. T h e French gave out on the 17th, that they were to force the paff3ge o f the Mehaigne, and ordered their caval­ry to leave every thing behind but theircloaks, and the foot their knapfacks. This obliged the allies to be all day under arms; but no attempt to pafs was made. On the 1 8th the cannonading was renewed ; and a good deal o f firing with fmall arms was exchanged between the advanced ports on each fide. ’ N ext morning before day, M . Saxe marched off by his left. About noon certain advice was brought to Pr. Charles, that the whole French army had almoft reached the height of Perweifs. G en. Trips, with his corps and two pie­ces o f cannon, made feveral attacks upon their rearguard, and the pandours, with two pieces o f cannon which they dragged along with them, did confiderable execu­tion. T h a t day the French loft about600 men killed, and 200 prifoners. They took the camp o f Brefr, and the allies that o f Sourdine over-againft them, from Fa- lais all along the river. On the 26th there happened a brifk fkirmifh between BonefF and Ramillies, where a French corps o f about 6000 men was polled. T h e y were vigoroufly attacked by a de­tachment o f the allies, who were at firil repulfed, with the lofs of fome men, and o f five pieces o f cannon ; but, the attack being renewed, the cannon were retaken, and a great flaughter made o f the French. 12 officers, 250 private men, and 500 horfes, fell into the hands o f the allies. T h e Prince o f Monaco, feveral other offi­cers o f rank, and a great number of pri­vate men, arc laid to have been killed oa

Aug. 1746- F O R E I G N H I S T O R Y . 391tne (pot. Pr. Charles, finding that hiscommunication with Holland by theMeufe was cut off, and fearing to be ftraitcned for provifions, thought proper to pafs to the Eaftern fide of that river; which he did with his whole army on the 29th, at N am u r; and took the camp of O ’hay, two leagues and a half diftant from it, on the way to Luxemburg. During this paffage, M . Saxe endeavoured to har- rafs his rear, by detaching a great part of the houfhold troops for that purpole ; but with very little fuccefs. On the 3 ill the allies defiled by the right towards Dur- huy, fituate upon the river Ourte, in the duchy o f Luxemburg; and by this difpo- fition had a free communication with the duchy of Limburg. T h e 2d of Septem- ber they decamped again ; and the van, confuting of 20,000 men, the fame even­ing, reached Oulne, which is between En- fival and Liege, and the reft of the ar­my incamped in the neighbourhood of Harze, where Pr. Charles eftablifhed his head quarters.— A body of French, under the Marquis d’Eftres, had paffed the Meufe the 29th of Auguft, in order to join C. Lowendahl at Huy. M . Saxe was there the fame day to vifit all the polls in its neighbourhood, and dire&ed a new bridge to be thrown over the Meufe at the caitle of Neuville, in order to facilitate the paf­fage of more troops, i f neceftary ; and the main army incamped at the fame time on the right of the Mehaigne.— T h e allies ftill advanced down the Eaftern fide of the Meufe. When they approached the detachments which the French had on that fide, the latter repafied the river withprecipitation. There was now nothing to hinder the allies from marching to Maeftricht, with which the communica­tion was thus opened ; and by the 6th ofSeptember N . S. they were got to Wigi- mont, within a good march o f that fort- refs.— T h e French army had taken poll on the 5th, with their right at Warem, and their left at Tongres. From this fome fuppofed that they defigned to pafs to the Eaft fide of the Meufe, if they found time, a little above Maeftricht, to prevent the allies from taking poft under the walls o f i t ; others reckoned that they only in­tended to difpute w ith the latter their p af­

fage to the Weft fide of that rivef. In the mean time C. Lawendahl, with his corps, is faid to have remounted from H u y to N a ­mur, and even to have begun the invefti-ture of that place.------ On the 27th ofAuguft the firit divifion of the Bavarian troops, taken into the pay of the maritime powers, began to move from Donawere towards the Netherlands.— Wolfe’s, Pul-teney’s, and Sempill’s regiments of foot, Britifh troops, under the command of Brig. Houghton, havrng failed from Leith on the 5th o f Augult, arrived at William- ftadt the fourth day a fter ; but were ob­liged to halt there, on account of the com­munication with the allied army being in­terrupted.

T h e S t a t e s - G e n e r a l have ftill beenlabouring to bring about a general peace. T o this purpoie it has been refolved to hold a congrefs o f plenipotentiary mini­fters at Breda. T h e Earl o f Sandwich ha3 been named for the King of G . Britain ; the Marquis de Puyflseux, on the part o f his Moft Chriftian Majefty ; and MefT. Waflenaer and Gilles, on behalf o f their H igh Mightinefles as arbitrators. W e are told, that the Imperial and Sardinian mi- nifters at the Hague have likewife wrote to their refpe&ive courts for inftructions. T h e defign of this meeting is, to agree on certain preliminary articles for a general peace ; and, in order to that, a fufper.fion of arms is firft propofed. T h e Earl o fSandwich arrived at the Hague iome time ago, where he has had feveral conferences with the Dutch miniftry ; and by our la- tell accounts from thence the Marquis de Puyfiìeux was daily expe&ed there. T h e congrefs was appointed to begin on the30th o f Auguli ; but we are aftured that it has been put off fome days longer.

D O M E S T I C K H I S T O R T .

Accounts o f the King s forces & c .

T Owards the end of July an imbargci was laid on in a great many ports

in Scotland. For this purpofe, letters w c j c

fent by the Lord Juftice Clerk, dated, E~dinburgh, July 27. of the tenor following. “ Siry J fend this by exprefs, to acquainc you, that by the intelligence I have from the North, the pretender’s fon has leftthe W e f t highlands, and fled towards the

Eait

Accounts o f the King's f o r c e s , &c. Aug. 1746,Ealt coaft ; in hopes, no doubt, o f ma­king his eicape. N o w , whether he will at­tempt to f»et aw ay upon the North-eaft coalt, or i f he will endeavour to get into England, or w hat other tourfe he will take, time alone will d ifcover: but it is our duty, and that o f ail faithful fubje&s, to guard all avenues as far as in our p o w e r ; which makes me give you this early notice, and to defire you’ ll be plea- fed to take the proper meafures in your Neighbourhood. 1 a?n, Sec.'"— And a let­ter was fent by the Commiffioners o f the Culloms to the Collector and Comptrol­ler at Portpatrick, dated, Edinburgh, J u ­ly 28. in thefe terms. “ Gentlemen, Intelli­gence being received, that the pretender’ s fon has left the highlands, and is cometowards the coaft, endeavouring to make his efcape by fhipping : by the fpecial or-

1-der of the Lord Jultice Clerk, you are inftantly to lay an imbargo on all fhips find veilels throughout your precin£t, and to put all the officers on their guard, with their utmoft vigilance to watch all creeks, and places of* imbarkation, and to flop and examine all paffengers and Grangers, and to feize all fufpefted perfons; and to acquaint us from time to time with all occurrences.” — Accordingly, on receipt c f the order at G lafgow, guards weie pla­ced at all the avenues leading to the c ity ; and at Air, Greenock, & c . the conlta- bles made a Itridt fearch through every houfe. T h e imbargo was however taken o f f at G lafgow on the 15th o f Augufl, and at Aberdeen and elfewhere foon after.

[t was reported at Edinburgh about the ?oth o f Augufl:, that the pretender’s fon had got back again to the ifles. H e had

•been feen, as was faid, by fome parties; but by means o f interjacent lakes andmorafles, with which the country abounds, they were never able to come up with him. C . — O ld G lengary was broughtprifoner to Edinburgh on the 23d of Au* guft, and committed to the caftle, faid to be charged with having favoured his e- icape from the feveral parties fent in queft o f him. C .— And an officer at Fort Au-guftus, in a letter, dated July 26. fays,“ Kingfton’ s horfe marches to morrow for England. T h e regiments o f foot makea chain all along the fea coalt, to prevent

any o f tm* reoels getting oft, and to hin­der the pretender from getting to France, where he would give the univerfe to.be. H e has been chafed this fortnight paft from one ifland to another, fometimcs dreffed as a highlander, and fometimes as a woman. W e hang or fhoot every one that is known to conceal him, burn their houfes, and take their cattle; of which we have got 8000 head within thefe few days p a i t ; fo that if fome of your Nor­thumberland graziers were here, they might make their fortunes.” Gen.Ev.Pojl.

A n affair happened at Stirling which made a little noife. It is related to have been as follows. — On the 29th of July, in the afternoon} William Pollock, wigma- ker in Stirling, fent his journeyman, Wil­liam Maiben, to Lieut. Stoy t, of Howard’s regiment, Old Buffs, W i t h a wig which he had defired to be made for him. The Lieutenant, beingdiffatisfied with the wig, cxpreiTed himfelf in a difdainful manner, and bid Maiben be gone with it. Mai­ben, in going duvvn itairs, muttered fome very provoking words, faid to be to thispurpofe, T h a t Lieut. Stoyt was a trouble- fome fcoundrel; and that if he had him out, he could k ick him for his commiffion. T h e Gentleman was fo inraged at this, that he went to M r Pollock’s fhop, ta- j k ing a foldier along with him, and ftruck Maiben over the head, once and again, with a ftaff, till it broke. Other officers rufhing into the lhop at the fame time, one of them, whofe name was not known, beat Maiben on the face to the effufion of his blood. And M r Poliock endeavour­ing to refcue hisfervant, Lieut. Stoyt and that other officer beat him on the bread with their fills. Immediately after, they dragged Maiben to the guard by the col­lar. T h e n Lieut. Stoyt acquainted his Lieutenant-Colonel, George Howard, ofthe matter; who thereupon ordered Mai­ben to be flripped, tied to halberts in the market-place, and whipped. On notice •o f what had paffed, the magiftrates, par­ticularly Bailies William Maiben, JohnGjllefpie, and Patiick Stevenfon, went to Lieut.-Col. Howard, and rcqùired him to deliver up Maiben, in order to be judged by them ; declaring themfelves willing todo j u i i i c e , and g i v e all manner of fatif-

fatìioB#

Aug. 1746- Accounts o f the King's fo r c e s , See. 393faftion in the mntter. T h e I^'eutenant- Colonel anfwered to this purpofe, T h a t he had ordered Mai ben to be flogged, and it Ihould be f o ; that he would anfwer for i t ; and that they (hould know he com­manded in Stirling ; and he fpoke other- wile indecently to the magiftrates. A c ­cordingly Maiben was tied to the halberts, and whipped by a drum of Howard's re­giment { Lieut. Neilfon o f BirrePs regi­ment, who commanded the guard, over-

' feeing the execution. In a little time,I the Lieutenant Colonel, by the advice, or

at the interceffion o f the Major of the re­giment, ordered Maiben to be loofed, and fet at liberty ; but not till his back was feverely cut by the ftripes.— An informa­tion of this affair was forthwith given in to the court of jufticiary, in the name of Mr Pollock and Maiben, and o f the ma- gillrates of Stirling, charging Lieut. Stoyt as guilty of hamefucken againft Mr Pol­lock and Maiben, and Lieut.-Col. H o w ­ard and Lieut. Neilfon, o f a moft barba- rousand cruel abufe and maltreatment of Maiben’s perfon, in a moft ignominious manner, and o f a manifelt invafion of the office of magiftracy, and of the rights and liberties of the fubjedt; and therefore< craving a warrant for apprehending their perfons, and imprifoning them till they lhould underly the law.— T h e Lords paf- fed an interlocutor on the ift o f A u g u l t ; by which, before anfwer to the informa­tion and petition, their Lordfhips remit­ted to, and appointed the Sheriffs o f the Ihire o f Stirling, to make inquiry into, and take a precognition anent the fads complained of, and to report the fame. — On the 30th of July, Howard’s regi­ment arrived at Glafgow from Stirling ; next day the officers were entertained in the publick hall by the magiftrates, and complimented with the freedom of the c i t y ; and on the i ft o f Auguft they march­ed for Carlifle. T h e above affair at Stir­ling is however faid to have given gene­ral difguft. Gi. J .

T h e 1 ft o f Auguft was folemnized at Aberdeen, by the troops lying there, in commemoration o f the accellion of the prefent Royal family to the throne, in the perfon of K . George I. It is faid, that ameflage was fent b y the com m anding of*

* VqJm VIII.%

A + >

ficers to the magiftrates, defiring them to order the bells co be rung, and the win* dows to be illuminated. This anniverfa- ry has not been in ufe to be obferved fince the death o f the late King, nor is it ufual in Scotland to commemorate annually the acceffion o f any monarch but the reign­ing one. T h e bells were however rung at Aberdeen ; but no order was given for illuminations. In the evening the officers met in a tavern, before which the foldiers were drawn up, and drank the Royal healths, & e . under difcharges of fmall arms. T h e foldiers having been difmif* fed about ten o’clock at night, they went through the city, before laying afide their arms, and broke a great many windows with ftones, becaufe they were not illu­minated. 'The town-houfe, in particular, fuffered on this occalion; mirrors and c- ther goods to a confiderable value were broke in a fhop, women and children weremuch frightened, and ’ tis faid that fome people were hurt.

Towards the middle o f Auguft, the Ld Sempill arrived at Aberdeen, and took upon him the command of the troops ftati- oned in that country, in the room o f the Earl o f A ncrum ; who came to Edinburgh about the 16th.

T h e camp at Fort Auguftus broke upon Wednefday the 13th, and the body of the army marched Southwards. T h e ir route was, to be at Dalwhinny on the 15th, at Dalnacardich on the 16th, then to divide ; and the Earl o f Albemarle, to march by Blair and Dunkeld, for Perth, with one divifion ; and M a j.G e n .H u J k e with the other, b y T a y bridge and Creiff^ for Stirling. M .— T h e garrifons at Blair and Caftle Menzies marched along, or foon after, and thofe places were evacu­ated.— Col Macdonald ofBarifdale, (whofe fon is attainted, p. 269.), with 50 men, furrendered themfelves to the Earl o f A l ­bemarle before he decamped. C . — His Excellency and Maj.-Gen. Hufke arrived at Edinburgh on the 21ft, after having fettled the troops in quarters at Perth, Stirling, & c . as mentioned p. 342.

Maj. G en. Campbell, and his fon the Lieutenant-Colonel, with the Argylelhire militia, were returned to Inverary on the 17th, T h e y brought 2 or 3000 ftand of

3 F arms

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x

I

394 Accounts o f the King's f o r c e s , &c. Aug. 1746,4

arms with them, which they feized in the rebels country. T h e militia are difband- cd, mod o f whom were difpofed to re­turn to their labour ; but the levies for fome new independent companies are faid to go on fuccefsfully. C . — A letter from Inverary, dated A u g . 26. fays, “ T h e prifoners o f any note taken by our mili­tia, are fent, fotrte to England, and fome to Fort Anguftus. A few of them that fubmitted, are ftill here, waiting their fate. T h efe declare, that had others u- fed their countrymen as Gen. Campbell did, there would not be one rebel in arms in all the highlands.” Gl. j f .

Lord Loudon is ftationed at Fort-Augu-iftus, with his own regiment, and feven- teen companies of militia, compoled o f M ackays, Macleods-, Monroes, Sir A l e ­xander Macdonald’s men, & c . C .— Small detachments from this corps are ftation- ed in Strathfpey, and at Ruthven, Dal- ivhinny, Dalnacardich, & c . M .

T h ree companies of Guife ’s regiment, and two o f Johnfon’ s, who garrifoned Fort William when befieged, crofted the F o rth ftom Kinghorn to Leith on the

. 1 Sth of Ailguft, and marched for Berwick, the prefent ltation of G uife ’s regiment. M . <

A bout this time advice was received at Edinburgh, that the Mafter o f Lovat had furrendered himfelf to Lord Loudon, and that he was fent to Invernefs by the Earl o f Albemarle’ s orders.

S o m e foldiers o f Dejeari’ s r e g im e n t ,formerly M onro’s, relate, that,atLochielTs houfe, they feized his gardener and cook, and defired them to inform where their mafter’s beft effects were concealed; that the former being inflexible, they fet drums to the back o f the latter with rods o f di- fcipline ; that the cook having by this means made a difcovery, Lochiel’ s beft ef­fects fell into the hands o f the foldiers, but his plate efcaped them ; and that the gardener and cook were afterwards fentto England on board a fhip with other prifoners. C .

O n the 31 ft o f Auguft, as C apt.G eorgeM on ro of Culcairn, with about 4 or 500 men under his command, compofed o fMonroes, Rofies, Macleods, & c . wore on a march rear Locharkaig, in Lochiel’ s country in Lochaber, a woman havingccmtf a& ing for Cufcairn, he fteppcd a-

fide to fpeak with her, and^in a few mi- I nutes after her departure, was (hot dead 3 from behind a bufh. T h e woman, and j one Cameron, the fuppofed murderer, ] are apprehended.— T h is Gentleman’s two 1 brothers, Sir Robert and theD otlor, were I killed at Falkirk , [^.42 ]. |

In the night between the 30th and | 31ft, a party o f armed men, fuppofed to be rebels, came to the houle of Mr Gair- > den of Troup, in Buchan ; and having got j acccfs, they went to M r G a ir d e n ’s bed- I fide, and required him to give them i n - j ftantly 2000 1. Sterling. A s the Gentle- ] man would not, and probably could not ■ comply with this unreafonable demand, they carried him oft with them. After keeping him three days, they fet him at ] liberty : but ’ tis faid they got upwards of 130 1. that he had by him ; and that they have kept fome valuable effe&s, or pa- j pers, as a fecurity for the payment of the fum demanded.

The army being now fettled in quarters, and the peace o f the kingdom almojl entirely re-eflablifhed, it w ill not be neceffary to keep the future accounts o f the forces, S c . in a

ftparate article, as w e have done ever Jince ’ the breaking out o f the rebellion: they Jhall

therefore be thrown in w ith the reji o f the ,domeftick hiftory ; but JliU attended to Iw ith equal care as when kept dijlinfl.— By a review o f our Magazine fince the be­ginning o f the troubles, w e humbly hope our account o f them w ill be found to he the moji compleat hitherto publifhed. Kevertkelefsy in

fo great a variety, events worthy o f notice may have happened that w e never heard of\ reports, tho pojfibly true, may have been re-

je fted fo r want o f adequate evidence ; and, by following others, or upon wrong in forma' tion, we may have mifreprefented Jome fads or circumflances: therefore the requejl wemade at the beginning o f the rebellion, and repeated oftener than once during the tune o f it, is here renewed, 'Ihat a ll perfons would affifi us, fo fa r as they can, to fupply àefeds and redify miflakes as to what is paji, and to enable us to avoid any fuch fo r the future. Favours o f this kind are, and f a l l always be thankfully acknowledged. And, Jure, the promoting o f truth, even hiftorical, as w ell as natural or divine, is a work worthy the greatcji and befl o f mn*

O

A u g . 1 7 4 6 . dJls paffed, and the King's fpeech. 3 9 5L o n d o n .

ON the 1 2th o f Augull the King gavethe Royal aflenc to

4 An aft for granting to bis Majejiy a certainfum of money out o f the finking fund, for the Jernjice o f the year I 746 ; and for enablinghis Majejiy to raife a further fum o f money

for the ufes and purpofes therein mentioned; and Jor the further appropriating the fup- plies granted in this feffion o f parliament; and for making forth duplicates o f exche­quer -bills, lottery tickets, receipts, annuity- orders, or other orders lojl, burnt, or other- vuije dcjiroyed.

An a il fo r the further punijbmenl ofper- fans going armed or difguijed, in defiance of lhe laws o f cujloms or excife ; and for inde­mnifying offenders againji thoje laws upon the terms in this aft mentioned ; and Jor the relief of officers o f the cujloois in informations upon feizures.

An aft more effeftually, 8cc. as p. 364.An a d for the more effectual, See. asp. 367.An aft to allow the purchaje, for his M a-

jf fy s ufe, o f naval Jiores brought into this kingdom on board neutral fhips, by any o f his M ajejifrJhips; and to allow juch (lores to be landed and entered during the continuance o f the prefent wars w ith France and Spain, or either o f them.

An aft to regulate the infurance on fhips belonging to the fubjefts of G. Britain, and on merchandizes or. effefts laden thereon.

An aft for amending the laws relating to bankrupts.

' An aft more effeftually to prevent the frauds and abufes committed in the admea- furement o f coals within the city and liberty o f IVeJlminder, and that part o f the duchy o f Lancafier adjoining thereto, and the fev e­ral parijbes o f St Giles in the fields, St M a­ry le Bon, and fuch part o f the parijh o f St Andrew Holborn as lies in the county o f Mid­dlefex.

An aft to indemnify perfons who Jmve 0- piitted to qualify them/elves for offices, em­ployments and promotions v/ithin the time li­mited by law , and for allowing further time for that pitrpofe.

And to five private bills.After which his Majeity made the fol­

lowing fpeech.My Lords and Gentlemen,

I Cannot put an end to this feffion o f par-?* Ijament, w ithout exprtfftng to y o u m y

%

entire fatisfadjon in your proceedings.'T h e zeal and vigour which you hive fo unanimoufly fhewn for the fupport o f m y government, for fuppreffing the late re­bellion, and for bringing the guilty to ju-11 ice, in which you have been fo univer­sally feconded by my good (ubjeds, h.ive not only fully anfwered my expectations, but give me the belt aflurance, that you are determined to perfed this good work, by fettling our tranquillity at home upon folid foundations, and extinguishing the hopes o f the pretender and all his adhe­rents.

T h e powers which you thought fit to repofe in me on this occafion, have been employed in the moft proper and effectual m anner; and made ftridly fubfervient to thofe purpofes only for which you intend­ed them : and it has pleafed the divine providence, in a moll fignal manner, to blefs the meafures we have taken wjth fuccefs. I am very fenfible there are mat­ters of great moment ftill behind, which are neceflary for our lafting fecurity, and preventing thelike calamities for the future; but, as a foundation is prudently laid for your proceeding upon them in the next fefiìon, I was unwilling to detain you long­er out of your refpedive countries, at this advanced feafon o f the year.

I have the fatisfadion to acquaint you,that the pofture o f affairs abroad appears more favourable than when I laft fpoke to you. As foon as the fafety of my own king­doms would permit, I fent fuch a body o f troops as could be fpared from hence, to ftrengthen the allied army in the Nether­lands, for the defence o f theUnitedProvin- ces, and oppofing the further progrefs o f France on that fide. Ey means o f this fuc- cour, and the other powerful afliltances which you have enabled me to furnifh.that army has been very confiderably augment­ed, and is become much ftronger than was expeded at the beginning o f the year. This event, together with the happy fuc- cefFes of the Auftrian and Sardinian ar-%

mies in Italy, and fome ether incidents, which have happened to the advantage o f the common caufe, give us a better pro- fped o f bringing our enemies to reafon, and procuring a fafp and honourable peace,w h i c h is m y great end and aim.

3 F 3 Gently>

296 D O M E S f I C K H I S T O R T . A u g .i7+<j.Gentlemen o f the houfe o f Commons,

T h e great readinefs and chearfulnefs w ith which you have granted me the fup- plies for ìh e current year, require my par­ticular thanks. I am very fenfiblc o f the extraordinary difficulties which the circum- itances of the times brought upon this im ­portant fervice, and upon the publick cre­dit in gen era l; and which nothing but your prudence and firrr.nefs could have o- vercome. W h a t you have given (hall be ltridtly applied to the purpofes you intend­ed : and you cannot but have obferved my delire to leffen the publick expence, as far as poffible, by taking the firft opportunity to difband thofe regiments which the lau­dable and attive zeal of feveral o f m y faithful fubjedfc, o f the firft rank and dis­tinction, had added to our ftrength on this occafion.

My Lords and Gentlemen,I have had fuch ample experience o f

your unfliaken fidelity, and o f your affe­ction and attachment to me and my fami­l y , that I rely, with the utmoft confidence, on your future conduct. I cannot doubt, that, during this recefs, you will, in your feveral ftations, ufe your utmoft endea­vours to reftore and preferve the peace o f the kingdom j to heal the wounds which this unnatural rebellion may have m a d e ;and to encourage and cultivate in m y fub- jedts that fpirit o f loyalty, and of zeal for the prefent eftablifhment, which has fo re­markably appeared. T h e impreffions o f it fhall ever remain upon my mind, and be demonstrated by the continuance o f my vigilance and endeavours to make them a happy people.

A n d then the parliament was prorogued.

T h e Earl o f Traquair, having been ta­ken into cuftody, at Great Stoughton in Huntingdonfhire, on the 29th of July, was committed to the tower o f London on the 9th o f Auguft } as was Sir John Douglas [p . 343 ] on the 14th, (the con­sent o f the Commons having been previ- oufly obtained), and Lord Lovat on the i$rh. D r Barry [p . 343.J is carried to N ew gate . — It is reported, that within thefe fix years 700,000 I. has been raifedin Britain for the pretender^ fervice,4 0 0 , 0 0 0 1 . o f it ijnce (he b e g in n in g o f che

$

rebellion, 170,0001. o f which in and a- bout London laft winter ; and that 14 or 1500 names of fubferibers for raifìng faid fums, feveral o f them perfons of note, have been difcovered.

O n the 30th o f July, in the evening, T hom as Page, Elq; High Sheriff of Sur. rey, and John Chatfield, Efqj his deputy, waited on the D u k e of Nevvcaftle, and de­livered to him the treafonable papers they had got from, or were difperfed by the re­bels who were that day executed on Ken- nington common, p. 330.— Purfuant to3 warrant from his G race to the Sheriffs of London, the heads of T ow nly and Fletch­er were affixed on Tem ple bar on the 2d o f Auguft. T h o fe o f Chadwick, Dea­con, Berwick, and Syddall, were faid to bepreferved in fpirits, in order to be put up, the firft three at Carlifle, and Syddall’s at Manchefter, where his father’s was put up for rebelling in 1 7 1 5 . Their bodies, with the heads and bodies of Dawfon,Blood, and M organ, were interred in theburying ground near the foundling hofpi- tal ; fome fay, under the direction of'the keeper o f the new goal, who had a war­rant for that purpofe; or, according too­thers, they were delivered to their friends, and buried by them. T o w n ly ’s body was buried at Pancras.— It was reported, that 1 a commiflary had arrived from France on 1 the Monday before the execution, demand­ing T o w n ly to be exchanged in terms of the ca rte l ; but that the demand was re­jected with contempt.

Purfuant to their adjournment [^.320.], the court met at St Margaret’s Hill on the 25 th of July, for the trial o f the Scots re- bel-officers taken at Carlifle. The coun­cil for the prifoners begged further time, becaufe their witnefles were not ready. T h is was oppofed by the K in g ’s council. A fte r a debate of three hours, the court ad­journed, firft till the 26th; next, after ano­ther debate, o f two hours, till the 50th; and then, till the 31ft.

On faid 31ft , James Nicolfon, mafter o f a cofFeehoufe at Leith, aged about forty four years, a Lieutenant in Perth’s regi­ment, (who broke the capitulation at Car* lifle, by endeavouring to efcape over the walls), was firft brought to the bar; andthen Donald Macdonald, of InvernefiJhi^,

i t g e d ^/

A u g . 1 7 4 6 . The trials, h e . of the rebels. 5 9 7aged about twenty five years, a Captain in Keppoch’ s regiment, and faid to be his nephew. Both retraded their former plea, pleaded Guilty, and begged to be recommended to the King’s mercy j Ni- colfon intreating the judges to pity himon account of his wife and five youngchildren.

Alexander Macgrouther fenior,of Perth- fhire, a Lieutenant in Perth’s regiment, was next brought to the bar, and ftill pleaded Not guilty. H e brought four witnefles to prove, T h a t the Duke of Perth, whofe vaflal he was, had forced him into the rebellion ; threatening, i f he did not immediately join the army, to bum all his houfes, deftroy his lands, and drive his cattle away. But they only fwore, That they had heard himfelf fay, that he was ordered to join the Duke o f Perth, and he muft comply.— T h e K ing ’s council anfwered, T hat as all perfonal at­tendance, hoiting, hunting, watching, and warding, due by vaflals in Scotland to their chiefs, were difcharged by an a d i° Geo. I. and the value o f them appoint­ed to be paid in money, this plea could have no w eight: that it was unreafonable to fuppofe, that a man forced into the re­bel army, fhould continue fo long in it, accept o f a commiflion, and a d as an o f­ficer: and that it was proved, that he was with the rebels when they got poffef- fion of Edinburgh, in a highland drefs, awhite cockade in his blue bonnet, a durkand piftols in his girdle, and was very v i­gilant and adive, encouraging the rebel- cfficers to be hearty in the caufe, and not to doubt of fuccefs; that he aded at thebattle of Prefton as a Lieutenant; that he marched with the rebels into England ; and that when Carlifle furrendered to the Duke, he acknowledged himfelf to be a Lieutenant in Perth’ s regiment; which laft fad was proved by two Captains inthe King’s army, who took the names o fthe officers who furrendered.— After a

*

trial of three hours, the jury, without going out of the court, found him G u i l ­ty ; and thereupon the prifoner, as the keeper was taking him from the bar, faid,By my fa ith , this is a "very infamous •verditf ihty have brought in a gain ft me.

James Stratton, Surgeon o f the garrifon

o f Carlifle, was brought to the bar on the 2d o f Auguft. But none o f the witnef- fes proving that he bore arms, and it ap­pearing that he was forced into the fervice,he was acquitted.-----Walter Ogilvy, o fBamfffhire, aged about twenty five years,a Lieutenant in Lord Lewis Gordon’ s regi­ment, was next brought to the bar, andpleaded G u ilty .------ Then the Lord C h ie fJultice Willes, having made a patheticlc Ipeech, pronounced fentence (as p. 326.) on James Nicolfon, Donald Macdonald,Alexander Macgrouther fenior, and W a l­ter O gilvy .------ Alexander Macgrouther,when brought to the bar to receive fen­tence, ftill affirmed, that he was forced in-y to the rebel fervice, and therefore could not be guilty o f the indidment.

On the 19th, the dead warrant came to the goal for their execution on the 2zd ; but Macgrouther got a reprieve for three weeks on the 21ft. T h e other three were executed onKennington common, in the fame manner as the nine, p . 330. Macdo­nald and Nicolfon in highland, and O gil­vy in lowland drefs. T h e y fpent near an hour in their devotipns at the place of ex­ecution, (without any clergyman), beha­ving with decency and compofure. O gil­vy read, from Kettlewell, a prayer fo r aperfon <voho is condemned for the teflimony o fGod's truth and righteoufnefs. H e like- wife delivered a paper to the officer o f the guards. None o f them fpoke to the po­pulace ; but referred to accounts by them delivered. After the halters were fixed to the gallows, they prayed a few minutes before they were turned ofF. Their heads and bodies, having been taken back to the new goal, were delivered to their friends, and, on the evening o f the 26th, carried in three hearfes, attended by mourning- coaches,' and interred in one grave in Bloomfbury new burying ground.

T h e eight rebels formerly reprieved,^. 326. got a fecond three weeks reprieve on the 1 8th.

A great many more rebels are indided at St Margaret’ s Hill, Carlifle, fc. wholetrials fhall be properly attended to.

T h e Lord Prefident o f the Sellion in Scotland, who fet out from his feat near Edinburgh on the ift o f Auguft, arrivedat Iiondon on the 8ch; as did, fome fhorc

w h ile

39 « D O M E S T I C K H I S T O R T . A u g .1746.while after, Lord Strichen, another o f thejudges of faid court.

On the 6th o f Auguft , the Lord M ayor, Aldermen, and a committee of the c o m ­mon council o f London, went in a grand proceilion toKenfington, and prefented theD u k e with the freedom of the city in a gold box of curious w orkm anfhip; which his R. Highnefs accepted in a very obli­ging manner.

In the beginning o f July, A d m . M a r ­tin, with feveral fhips, returned to P ly­mouth, after having miffed the Breft fqua- d r o n ; and it was faid that be refigned foon after. W hen the troops defigned for C ape Breton debarked [p. 294.J, the o f­ficers difpofecj o f their proviiions, £3V . ; w hich proved a confiderable lofs to them,as the expedition was foon after refumed.By the 25th of July, G en. St Ciair, withthe land-forces, were all on board, wait­ing at Portfmouth for a fair wind. T h e command o f the fleet having been given to A dm . Leilock, he had hoifted his flag on board the R o y a l G eorge on the 22d* T h e y failed on the 5th o f Auguft, and were forced back by contrary winds ; but failed again on the 24th.

A proclamation was iffued, o f date Bo- fion , Ju n e 2. by William Shirley, Efq; Governor o f Maffachufet’s bay in N ew - England, in fubitance as follows. “ W here­as his Majefty has ordered a number of troops, under the command of Lt-Gen. St Clair, to proceed from G . Britain to Louif- burg, with a fufficient convoy of men o f w ar, and, with them, a great part o f the troops now at Louifburg, and fuch troops as fhall be levied for that purpofe in his M ajefty ’ s colonies in North-America, to attempt the immediate reduction of Cana­da ; and has fignified his Royal pleafure to me, and to the Governors of Virginia, Maryland, Penfilvania, N e w Jerfey, N ew - Y c r k , Connecticut, Rhode Ifland, and Jsfew-Hampfhire, that the neceffary dif- pofitions fhould be forthwith made for rai- fing as many men within this and the a- bove mentioned governments as the fhort- nel's o f the time will admit, for proceed­ing on faid expedition: and whereas this province has voted to give all proper en­couragement for 3000 voluntiers: T h e r e ­fore this proclamation is iffued, in order(o m a k e k n o w n the en cou ragem en t offer­

ed by this government to all able bodied men that fhall jnlilt for faid expedition,'v iz. T h e y will be under fuch officers asI fhall appoint: T h e y will be intitled tohis Majefty’s pay, officers and foldiers, from the time they engage or inlift: I f provifion o f arms and cloathing cannot be made for them by reafon of the fhortnefs o f the time, a reafonable allowance will be made them in money for the fam e: T h e y fhall be intitled to a fhare o f the booty that fhall be taken from the enemy: and, T h e y fhall be fent back to their le- veral habitations when this fervice is over, unlefs they defire to fettle elfewhere. Fur­ther, T h e y fhall receive 30 1. in bills o f credit o f the old tenor, as a bounty ; alfo a good blanket for each man, and a bed for every two men ; the bounty to be paid upon their inlifting, and the blankets and beds upon their imbarking, or proceeding on the expedition. And every voluntier w ho fliall proceed on this expedition, fhall be exempted from all impreffes fortwo years after his return.’ *

A duel at fword and pillol was fought, A ug. 23. in the morning, in the fields be­tween Tottenham court and Marybon, between Lord Belfield, a Baron o f Ireland, and Richard Herbert, Efq; member for Ludlow, and Colonel o f one o f the new re­giments j when the latter received a ball,* which went in at his eye, and out at the back part of hisfkull; but the furgeons had hopes o f faving him. Lord Belfield was likewife very much wounded.

A ll the captures tnuft be deferred.

M a r r i a g e s .

A T London, Aug . 9. Hon. William Finch, V ice Chamberlain to his

Majefty, was married to Lady Chariot Far­mer, daughter to the Earl of Pomfret.

D e a t h s .Aug. 5. Capt. John Prentice, who was

commander o f the Defiance man of war at the taking o f Cape Breton.

8. A t Dublin, M r Francis Hutchefon, ProfefTor o f Moral Pljilofophy in the uni- yerfity o f G lafgow.

9. A t London, Hon. James Brudenelf, uncle to the Earl o f Cardigan, one o f the Commiffioners for Trade and Plantations,and member for Chichefter,

i

Aug. 1746. Deaths, Preferments> Mortality-hills, Prices , &c. 399u . A t Weilminiter, H on. James D o u ­

glas, fecond fon of the Earl o f M orton, a Weltminlter fcholar.

15. Ac his brother’ s houfe of Lintrofe, in Angus, WilìiaHr* Murray of Morning-iide, Eiq; Caihier o f the Cultoms in Scot­land.

16. A t Glafgovv, James G rah am o f K i l - inannan, Efq;

21. A t London, W inchcom be H ow ardPacker, o f Donington caltle, member for Berks.

21. A t Dublin, th eE ari o fR o fco m m o n . 24. A t Southwark, a prifoner in the

new goal, on fufpicion o f high treafon,Sir James Stewart of Burray.

P r e f e r m e n t s .

Taken from the London Gazette.Aug. 19. T h e K in g has been pleafed to

grant unto John Baron Hobart, the digni­fy o f an Earl of Great Britain, by the ti­tle of Earl o f Buckingham/hire;

19. — to grant unto W ill iam Lord Fitz- william, Baron o f M ilton, the dignities of a Vijcount and Earl o f Great Britain, by the title of Vifcovnt Milton, in the county o f Northampton, and Earl Fitszivilliam o f Not borough, in the faid county ; and,

2 3 . — to appoint L t-G e n . W ill iam A nne EarJ o f Albemarle, to be Command-€r in chief of the forces in Scotland.

Taken from other papers,L t-C ol . Sir Andrew A g n e w ofL och n aw ,

o f the Scots fufileers, Colonel c f the marineslate Jeffreys's, w h o was broke for falfemutters.

M a jo r C olv i l , lAeutenant Colonel, and C apt. Crofby, Major, of the Scots fufileers.

H on. John Forbes, eldelt fon of Lord Forbes, a Captain in Handafyd's foot.

New Member: G e o rg e Edgcumbe, fon o f Lord Edgcumbe, for F o w e y , in the loom o f W il l ia m W ardour, deceas’d.

Haddington Prices, Sept. 5.

W h e a t , 9 1. 6 s. 81. 10 s. Sc 81.Bear, 7 1. 61. 14 s. & 61. 10 s.Oats, 61. 16 s. 61. 10 s. & 61. 4 s. Peafe, 6 I. 6 s. 6 1. Sc 5 1. 10 s.N e w W heat, 81. 16 s.

EAin. Sept. 12 . O a t - m e a l 8~ Sc 9 d. W h i t e Peafe-meal 7 d. G r a y Peafe-

l meal 6 d, Bear-meal '6 d.

Buried 'within the city of Edinburgh, and in the Wejl kirk yard, Augult 1746.

Within the city, Men 20, Women 26» Children 44 ; in all 90. In the Welt- kirk-yard, Men 5, Women 6, Chil­dren 21 ; in all 32. I n b o t h i 2 2 . Ii:-creafed this month 37.

A g e . N °. D i s e a s e s , & c . N*«Under 2 54 Aged ------ 8f 2 Sc 5 7 Apoplexy ----- 3j 5 Sc 10 4 AUhma ------ 1j 10 & 20 7 Chiidbed ----- 3

e 20 Sc 3 0 1 2 Chincough ----- 5^ ! 30 & 40 15 Colick ------ 2- ] 40 & 50 7 Confumption — 24 w j <jo Sc 60 6 Convulfion — 10

160 & 70 4 Droply ------- 170 & 80 3 Fiux ----------- 4.

^80 Sc 90 3 Fever ----- 26Meafles ------ 8

J Palfy ---------- 1j Rufh ---------- 2

ISmall-pox ----- oStill-born ----- ,5

! Suddenly ------ 4.Teething ----- 6

Prices o f Stocks, Sec. at London, Aug. 30.S t o c k s .

South-fea 106 Million bank 106^ — Annuit. 106 India nothing D .N e w 102£• — bonds 3I. 2$. pr. 3 per c. ann. 89^ Royal Afl. nothing Bank 136^ London ditto u—-Circ. 81. 7 s. 6 d. Lot. T ic k . 16 s. 6 d. — 4 per c. an. I0 2{- Eng. cop, 5 1.

G o o d s .

Coals, Pool 26 to 3 5 s. Peafe 16 to 19 «, Wheaten peck loaf 2od. P .M alt 16 to 1 8s, Wheat 16 to t^s.p.^/^r/.B.Malt 16 to 1 Ss. R y e 9 to 1 o s . H.Beans 1 3 to 16s.Earley 10 to 1 2 S . Heps 51. to 61.1 os. Oats 12 to 14 s. H a y 36 s. p. load.

Mortality hill fro?* July 22. to Aug. 26.

Chriltened^ ~I remales ----- 6^6 ) J

Buried $ MaIes ------- 1 , 6 2 l - c i( F e m a l e s -----1 1 7 7 3

^ f Within the walls — ------ 186) Without the walls ----- — 543

Jà J In Mid. and Surrey ---------- 1 1 1 0L C i t y and fub, W d L — — >00

~ N E W

4 o o N E W B O O K S . Aug. 1746.N E W B O O K S .

M i s c e l l a n e o u s .

A <Tr(inflation of the works o f Sallufi, w ith large annotations, See. By W .

Cooke, M. A. 5 j 6 d. fenced.An effay on the king s evil. By R. W il•

Jan, M. D. 1 /.A rvindication ò f Mr G ill from the cavils

o f an ignorant fcribler, about the importance c f Rabbinical learning. 4 d.

Chronological objervations, chiefly relatingto Daniel's 70 weeks. 4 d.

Remarks on the Rev. M r Bate's infidelityfcouiged. 6 d.

The diffenting Gentleman's an fixer to the R ev. Mr White's three letters 6 d.

A letter from W . Shirley, Efq\Jto the D .e f Newcajile ; w ith a journal o f the fiege c f Louifburg. 6 d .— See p. 3 0 1 . £sff.

Popery always the fame ; exemplified in an authentick account o f the perfecution now raging in the Southern parts o f France. 8 d.

P o e t r y a n d E n t e r t a i n m e n t .

The fortune-tellers ; or, The world Wi~ mafked A medley. 1 s.

Advice. A fa tire . I s.Ode on crufhing the rebellion, prefented to

the King. By J . Lockman. 6 d.Britain's ode o f a,iflory. t j.An ode to the Duke, on his return. 6 d. The cocker; or, Approved rules fo r breed­

ing game fo w l. A poem. By lfaac H al-iarn. I s. 6 d.

Achates to Varus. An epifile ; deferibing feme late wonderful appearances from a touch o f Ithuriel's [pear. 1 s. 6 d.

The progrefs o f glory. I s.An ode to the Hon. I I----y F ---- x , Ctt a

late marriage. 6 d.The univerfe. A philofophicalpoem. By

M r Baker. Edit 2. I s.The parrot. By the author o f the female

fpeElator. Publijhed weekly. 4 d. each.A dramatick dialogue between the King

e f France and the pretender. 6 d.A brief account o f the life and fam ily of

Itlifs Jenny Cameron. I s.P o l i t i c a l .

Proceedings upon the impeachments o f the.Far I o f Derwentwater, Sec. I ike w ife o f theE a rl o f Oxford, and Coutifellor Layer. 6 s.

Mercy the truefl heroifm. 6 d.An appealfrtm the late D avid Morgan,

Fjq\ againfi a late fcurrilous paper, intitled\Counfelfar Morgan s ghofl, 6 d.

A defence o f the feveral propo/als for rai- (ing three millions for the Jermce of the go­vernment. By Sir John Barnard, i s.

The behaviour o f the E arl of Kilmarnock and Lord Balmerino at their execution, Publifhed by authority o f the Sheriffs. 6 d.

An account o f the behaviour of the Earl o f Kilmarnock after his fentence, and on the day o f his execution. By J . Fojier. 1 j.—See p. 3 8 1 . £srV.

A fhort hifisry o f the independent metingat Wefimitjier. 6 d.

T h e o l o g i c a l .A vindication o f fome truths of natural

and revealed religion: in anfvoer to tlx fa lfe reafoning o f Mr James Fojier, on 'va­rious fubjeàìs. By John Brine.

The Chrifiian life, in divers of its branch­es, defcribed and recommended. By Benja­min W allin.

S e r m o n s .Publick virtue the great caufe of the hap-

pinefs o f a people. An ajftze fermon at York.By j a . Ibbetfon, M . A . 6 d.

The M inifierial duty fet fo rth : before the univerfity o f Oxford. By Ric. Newton,D . D , Edit. 3. 6 d.

Chrifi the pattern o f the Chrijiian future glory: on the death o f the Rev. Mr Smith. By Samuel Chandler. 6 d.

A t Lifbon, April 24. N. S. By Stave- 1ley Parker, M . A . Chaplain to the BritHh

faSlory there.Marvellous things done by the fight and

holy arm o f God. A thankjgiving fermon at Bofion fo r the reduttion of Cape Breton.By C h Chauncy, D D . 6 d.

The Chrifiianfarew el. A fermon preach ed at Darking in Surrey. By J . Majon,A . M . 6 d.

Rebellion and treachery defeated by brave­ry and conduct ; at Ayfgarth, Yorkfnire. ByJohn Du Pont, A . B . 6 d.

D i v i n i t y .A defence o f fet forms of prayer. In an- I

fw e r to M r Phelps's remarks on Dr Newton.By M r Downes. I s. 6 d.

The ufe o f tradition towards a right inter­pretation o f fcripture. By J . Gilbert. I /.

E D I N B U R G H .The hifiory o f the rebellion 1745 and

1 74 6. W ith an account o f the genius and temper o f the clans, and an abfirafl of their

former rebellions. In numbers, ( three ofw hich are publijhed), 4 d, tatf* ±