House of Lords Journal Volume 26
August 1746

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History of Parliament Trust

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1767-1830

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627-636

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'House of Lords Journal Volume 26: August 1746', Journal of the House of Lords volume 26: 1741-1746 (1767-1830), pp. 627-636. URL: http://www.british-history.ac.uk/report.aspx?compid=114244 Date accessed: 23 July 2014.


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August 1746

DIE Veneris, 1o Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Asaphen. Ds. Hardwicke, Cancellarius, & Summus Senescallus Magnæ Britanniæ pro hac vice.
Dux Dorset, Præses.
Comes Gower, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Beaufort.
Dux St. Albans.
Dux Bolton.
Dux Leeds.
Dux Bedford.
Dux Marlborough.
Dux Rutland.
Dux Montagu.
Dux Ancaster & Kest. Magnus Camerarius Angl.
Dux Kingston.
Dux Newcastle.
Dux Portland.
Dux Manchester.
Dux Chandos.
March. Tweeddale.
March. Lothian.
March. Rockingham.
Comes Derby.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Salisbury.
Comes Exeter.
Comes Northampton.
Comes Warwick.
Comes Westmorland.
Comes Peterborow.
Comes Stamford.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Anglesey.
Comes Doncaster.
Comes Ailesbury.
Comes Burlington.
Comes Shaftesbury.
Comes Litchfield.
Comes Radnor.
Comes Berkeley.
Comes Abingdon.
Comes Gainsborough.
Comes Scarbrough.
Comes Warrington.
Comes Rochford.
Comes Jersey.
Comes Grantham.
Comes Poulet.
Comes Godolphin.
Comes Cholmondeley.
Comes Sutherland.
Comes Moray.
Comes Home.
Comes Findlater.
Comes Dunmore.
Comes Stair.
Comes Portmore.
Comes Strafford.
Comes Dartmouth.
Comes Tankerville.
Comes Granville.
Comes Halifax.
Comes Cowper.
Comes Stanhope.
Comes Harborough.
Comes Macclesfield.
Comes Pomfret.
Comes Graham.
Comes Ker.
Comes Waldegrave.
Comes Fitzwalter.
Comes Effingham.
Comes Orford.
Comes Harrington.
Comes Bath.
Comes Leicester.
Comes Clinton.
Comes Brooke.
Viscount Hereford.
Viscount Say & Seale.
Viscount Fauconberg.
Viscount Townshend.
Viscount Hatton.
Viscount St. John.
Viscount Cobham.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Delawarr.
Ds. Dudley.
Ds. Willoughby Br.
Ds. Wentworth.
Ds. Willoughby Par.
Ds. North.
Ds. Clifton.
Ds. St. John.
Ds. Strange.
Ds. Byron.
Ds. Ward.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Conway.
Ds. Hervey.
Ds. Somerville.
Ds. Hay.
Ds. Mansel.
Ds. Trevor.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Romney.
Ds. Cadogan.
Ds. Ducie.
Ds. King.
Ds. Hobart.
Ds. Monson.
Ds. Raymond.
Ds. Talbot.
Ds. Montfort.
Ds. Ilchester.
Ds. Chedworth.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.
Ds. Herbert.

PRAYERS.

Trials of the Three Lords further proceeded on, in order to give Judgement:

The Order of the Day being read, for the House to proceed further, in order to the giving of Judgement against William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino.

The House was called over by the Clerk; Garter King at Arms marking the Lords who were present in his List.

Which done;

The House was adjourned into Westminster Hall.

And the Peers and others proceeded thither in the same Order as on Wednesday last.

And the Peers being there seated;

And the House resumed:

The Lord High Steward asked Leave for the Judges to be covered.

Which was granted.

Next, Proclamation was made, for keeping Silence; as also Proclamation for bringing the Prisoners to the Bar.

Who were brought to the Bar accordingly; and there kneeled until the Lord High Steward acquainted them they might rise.

Then the Lord High Steward acquainted the Lord Balmerino, "That this House did, on Wednesday last, assign him Counsel, according to his Request; and therefore demanded of him, if he desired they should be now heard, on the Matter pleaded by him in Arrest of Judgement."

To which he answered, "That, having advised with his Counsel, he was informed by them, there was nothing therein material."

Then the Earls of Kilmarnock and Cromertie were severally asked, "If they had any Thing further to offer, why Judgement of Death should not pass against them?"

They severally answered, "They had nothing further to offer."

And the Lord Balmerino, being asked the same Question, gave the like Answer: But fully acknowledged his Guilt; begged Pardon of the House for the Trouble he had given; and humbly implored their Lordships Intercession for him to His Majesty for Mercy.

After which, Proclamation was made, for keeping Silence whilst Judgement should be pronounced.

And then the Lord High Steward said,

Ld. High Steward's Speech:

"William Earl of Kilmarnock,

"George Earl of Cromertie,

"Arthur Lord Balmerino,

"In the Course of this solemn Proceeding, you have already been acquainted, that you stand convicted of the High Treason charged upon you by the several Indictments on which you have been arraigned.

"By this Conviction, it is now finally determined, that your Lordships are guilty of that Crime, which not only the Laws of Great Britain, but of all other Countries, for the wisest Reasons, adjudge to be the highest.

"As it gives the deepest Concern to every one of my Lords your Peers, to find Persons of your Birth and Quality stained with so foul an Offence; so it must give them some Satisfaction, that all of you, in Effect, have confessed it; Two of your Lordships by expressly pleading Guilty upon your Arraignment; and the other by openly declaring himself satisfied with the Determination of this House upon the only Point on which his Defence was rested: Charity makes one hope, that this is an Indication of some Disposition to that Repentance which your Guilt so loudly calls for.

"You, my Lord Balmerino, have since moved in Arrest of Judgement; and their Lordships were pleased to assign the Counsel you desired, to support that Motion: But, upon advising with your Counsel, you have now voluntarily, at the Bar, withdrawn it, as being wholly without Foundation.

"To attempt to aggravate Crimes of so deep a Die, and in themselves so incapable of Aggravation, against Persons in your unhappy Circumstances, would be a vain as well as a most disagreeable Task: And yet the Duty of that Place in which I have the Honour to sit requires that I should offer some Things to your Consideration, to explain more fully the Necessity of that Justice which is this Day to be administered, and to awaken in your Minds a due Sense of your own Condition.

"If any Rebellion can be heightened by the Circumstances attending it, it is that in which your Lordships have been engaged: A Rebellion against a King, celebrated through the World for His mild and gracious Government; the whole Series of whose Reign has been distinguished by the strictest Adherence to the Laws, and the most indulgent Care of the Rights of His People, unblemished with any single Instance of an Attempt or Design to violate either.

"To overturn the Government of such a King, you took Arms; and, in Consequence of this, to destroy the purest Religion, and subvert the best Constitution, formed and established upon the justest Balance of Prerogative in the Crown and Liberty in the Subject, for the Preservation of the Whole.

"What did your Lordships, who prosess the Protestant Religion, and claim the Benefits of this Constitution, seek to introduce in the Room of these invaluable Blessings? In Religion, Popery attended with its Train of superstitious and inhuman Principles of Persecution; in Government, Despotism and Tyranny; and, to cement and support this horrid System, an abjured Pretender, deriving his Principles of Religion and Civil Policy from Rome and France.

"When I name France, I find myself obliged to remind your Lordships of One Circumstance, which it will become you to reslect upon in your most serious Moments: The Time you chose to arm against your Country was whilst it stood engaged in a just and necessary War against that Crown and Spain; a War to preserve its own Commerce and Independency, and its ancient natural Allies. Though some of your Lordships have thought it proper, at the Bar, to disclaim that Connexion, or any Advantage from it; yet with that ambitious and encroaching Power you avowedly joined yourselves; by this Aid you endeavoured to effect the dreadful Change you meditated; and to such a Master, to enslave this free Nation.

"Nor were the other Countries of Europe, which have united themselves against the pernicious Views of France, less essentially, though more remotely, interested in the Event: From Great Britain they derived their chief Assistance in this War; in her centered their Hopes of Support: But the Contrivers of this Scheme laid the Axe to the Root of the Tree; and, by endeavouring to deliver up this Kingdom a Province to France, strove to cut off that Resource, without which the Cause of Public Liberty must have sunk for ever.

"Thus widely spread were the Calamities which this Rebellion was formed to introduce: By calling off the Arms of Great Britain to Her necessary SelfDefence, some Progress was made towards effectuating one Part of the intended Mischief. How far it may be retrieved, and in what Manner, is still in the Womb of Time, and in the Hands of Providence: But is it not astonishing that Men who call themselves Britons and Protestants should become the Dupes and Abettors of so execrable a Design! A Design to erase the very Foundations of true Religion and Freedom, and to turn the Riches and Strength of this Kingdom, through a Course of Ages so differently employed, into Instruments of the common Slavery.

"After all this, to mention the Plundering and Devastation of particular Towns and Counties; the Miseries brought upon private Persons and Families, or the many Murders committed (for the Death of every loyal Subject killed in this Rebellion was a Murder); to mention those Things, though most important and moving in themselves, after the other more extensive Considerations, would make them appear of less Weight.

"Some of your Lordships, in what you have been pleased to offer for yourselves, have urged several Topicks to excite Mercy and Compassion. Those, if of any Moment, are proper only for that Place where the Seat of Mercy must be acknowledged to be fixed. But, when Arguments of Compassion have been urged in Behalf of the Guilty, let us balance those Arguments with a becoming Compassion for our Country; for those who have suffered innocently, by the Miseries which this Rebellion brought upon it; and for those who died gloriously in its Defence.

"Give me Leave to urge this a little further. Even the Sufferings of those who so far forgot their Allegiance, as to adhere to or favour this impious Cause, are, in Justice, to be charged only to the Account of such as fomented and supported it They who take Arms against a lawful established Government, create the Necessity of all Acts requisite to be done on the Side of that Government, in order to repel and subdue them; or which, in the Nature of Things, become unavoidable in the Course of suppressing them.

"Upon such a Subject, it is more difficult to stop than to enlarge. But, whilst I am endeavouring to raise in your Minds a just Sense of the many Evils involved in your Crimes, permit me to entreat your Lordships to deal impartially with yourselves, and to consider seriously what could be your Temptation to commit them.

"Every one of you enjoyed the common Benefits of that legal and mild Government, which, in Violation of the most solemn Oaths, you sought to destroy; and some of you had received particular Advantage from it. You, my Lord Kilmarnock and my Lord Cromertie, have thought fit to appeal to your former Conduct, as a Proof of your good Principles for the Support of the Revolution and of our present happy Establishment. With real Grief I lament that you ever deviated from those Sentiments: If, as your Lordships would have us believe, they were sincere, and proceeded from the Heart, what could possibly be your Inducement to this sudden Apostacy? Your Lordships have left that a Blank in your Apologies; and I choose rather to leave it to be filled up by the Construction of others, than to supply it myself.

"Thus much I am warranted to say; no glittering Prospect of Success in the Beginnings of this Rebellion could tempt you. On the one Hand, those Beginnings were so weak and unpromising, as to be capable of seducing none but the most infected and willing Minds to join in so desperate an Enterprize. On the other Hand, it was impossible even for the Party of the Rebels to be so inconsiderate or vain, as to imagine that the Body of this free People, blest in the Enjoyment of all their Rights both Civil and Religious, under His Majesty's Protection; secure in the Prospect of transmitting them safe to their Posterity, under the Protestant Succession in His Royal House (of which they see so many illustrious Branches): I say, it was impossible that they could imagine the Body of this free People, under these Circumstances, would not rise up as one Man, to oppose and crush so flagitious, so destructive, and so unprovoked an Attempt.

"Happy is it for ourselves, happy for our Posterity, that this was verified by the Event: The Rebels soon saw His Majesty's faithful Subjects, conscious both of their Duty and Interest, contending to out-do one another in Demonstrations of their Zeal and Vigour in His Service. The Merchants and trading Part of this great Metropolis, one of the most useful and respectable Branches of the Community, to their lasting Honour, associated themselves, at the Risque of their private Fortunes, to support the public Credit of their Country. Men of Property, of all Ranks and Orders, crowded in with liberal Subscriptions, of their own Motion, beyond the Examples of former Times, and uncompelled by any Laws; and yet in the most legal and warrantable Manner, notwithstanding what has been ignorantly and presumptuously suggested to the contrary. The Clergy, with a Zeal becoming their holy Function, regulated by Christian Charity, instructed their Hearers by their Doctrine, and led them by their Example, in Defence of the Crown and of our common Liberties, of this Reformed Church, and consequently of the Reformation itself.

"The Rebels soon saw many of the Nobility and Gentry, from amongst the First Families, the greatest Estates, and the best Blood in the Kingdom, surrounding the Throne, soliciting to be permitted to hazard their Lives in this glorious Cause; and to be authorized, at their own Expence, to raise Forces for the Support of it.

"But, above all, they saw both Houses of Parliament, the Great Council of the Nation, the Representative Body of this People, warmed with a truly British Spirit, and treading in the Steps of their Ancestors, overcoming all Difficulties, and unanimously concurring in every Measure to strengthen the King's Hands, and to maintain that Government, on which the very Being of Parliaments and the Preservation of this limited Monarchy depend.

"If these Enemies of our Peace had formed to themselves any false Hopes of contrary Appearances, it must be owing to the highest Degree of Infatuation, that they were not soon convinced of their Mistake. Great Reason have we to offer up our Thanks to Heaven, that they have been effectually disappointed. Even your Lordships, if you will allow yourselves to weigh your own Case in the just Balance of Religion and Conscience, will find Cause to be thankful, that the Measure of your Guilt was not suffered to be filled up and enhanced by the final direful Success of it.

"If, from any unforeseen Accidents, not uncommon in Military Operations, those delusive Hopes were for some Time kept alive, it seems to have been judicially designed by Providence, to render the more signal that Vengeance which was reserved for them at the Battle of Culloden. How much was owing, on that memorable Day, to the Bravery and Discipline of His Majesty's Troops, to the animating Example, the intrepid Valour, and the wise Conduct, of a Prince descended from Him, is so deeply engraven on the Heart of every Member of this great Assembly, that I could only repeat what their own grateful Minds have already suggested to themselves, and represented to the Throne.

"Then was experienced how much that Courage, which Virtue, true Loyalty, and the Love of our Country inspire, is superior to the Rashness and false Fire of Rebellion, accompanied with the Terrors of Guilt.

"I will add no more. It has been His Majesty's Justice, to bring your Lordships to a legal Trial; and it has been His Wisdom, to shew, that, as a small Part of His National Forces was sufficient to subdue the Rebel Army in the Field, so the ordinary Course of His Laws is strong enough to bring even their Chiefs to Justice.

"What remains for me, is a very painful, though a necessary Part: It is, to pronounce that Sentence which the Law has appointed for Crimes of this Magnitude; a Sentence full of Horror, such as the Wisdom of our Ancestors has ordained, as one Guard about the Sacred Person of the King, and as a Fence about this excellent Constitution, to be a Terror to Evil-doers, and a Security to them that do well.

Judgement against the Three Lords.

"The Judgement of the Law is, and this High Court doth award:

"That you, William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, and every of you, return to the Prison of The Tower from whence you came; from thence you must be drawn to the Place of Execution; when you come there, you must be hanged by the Neck; but not till you are dead, for you must be cut down alive; then your Bowels must be taken out, and burnt before your Faces; then your Heads must be severed from your Bodies, and your Bodies must be divided each into Four Quarters, and these must be at the King's Disposal.

"And God Almighty be merciful to your Souls!"

Which done; Proclamation was again made for keeping Silence:

As also Proclamation for dissolving the Commission.

And then the Lord High Steward stood up, uncovered; and, declaring, "There was nothing more to be done by virtue of the present Commission," broke the Staff, and declared the Commission dissolved.

And then left the Chair, and took his Seat on the Woolsack.

Next, the House was adjourned to the Chamber of Parliament; whither the Lords and others returned in the same Order they went down.

And the House being there resumed:

Thanks to the Ld. High Steward, for his Speech.

Ordered, That the Thanks of this House be given to the Lord High Steward, for the Speech made by him this Day in Westminster Hall, at the Time he pronounced the Judgement of this House upon the Lords convicted upon the Bills of Indictment of High Treason found against them; and that the Lord High Chancellor do cause the said Speech to be forthwith printed and published; as also that the whole Proceedings on the said Indictments be printed and published; and that the said Speech, made by the said Lord High Steward, be entered in the Journal of this House.

List of absent Lords, to be considered.

The House was moved, "That the Report made the 27th of June last, from the Committee appointed to inspect the Journals of this House, upon former Trials of Peers in Capital Cases, and to consider of the proper Methods of proceeding, in order to bring William Earl of Kilmarnock, George Earl of Cromertie, and Arthur Lord Balmerino, lately indicted of High Treason, to a speedy Trial, and the Orders made thereupon, might be read."

And the same being read accordingly;

As also the Names of the Lords who were absent at the calling over of the House, previous to the first going down into Westminster Hall:

Ordered, That the List of such Lords as have not appeared at the Trials of the Three Lords, indicted and convicted of High Treason, be taken into Consideration on Monday next; and that as to such of the said Lords as shall not then shew sufficient Excuses for their Absence, in the Manner prescribed by the Order of the House, a further Day be then given them, to make our their Excuses.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, quartum diem instantis Augusti, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 4o Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Roffen.
Epus. Exon.
Epus. Landavens.
Epus. Asaphen.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Gower, C. P. S.
Dux Devon, Senescallus.
Dux Grafton, Camerarius.
Dux Richmond.
Dux Bedford.
Dux Marlborough.
Dux Argyll.
Dux Newcastle.
March. Tweeddale.
March. Rockingham.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk.
Comes Northampton.
Comes Warwick.
Comes Winchilsea.
Comes Chesterfield.
Comes Thanet.
Comes Sandwich.
Comes Radnor.
Comes Gainsborough.
Comes Rochford.
Comes Cholmondeley.
Comes Moray.
Comes Home.
Comes Findlater.
Comes Granville.
Comes Graham.
Comes Fitzwalter.
Comes Harrington.
Comes Bath.
Comes Leicester.
Comes Clinton.
Viscount Fauconberg.
Viscount Hatton.
Viscount Falmouth.
Viscount Harcourt.
Viscount Torrington.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Hervey.
Ds. Somerville.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Absent Lords excused.

The Order of the Day being read, for taking into Consideration the List of such Lords as have not appeared at the Trials of the Earls of Kilmarnock and Cromertie, and Lord Balmerino:

The Names of the Lords absent at the First Proceeding on the said Trials were also read.

And Two Witnesses, upon Oath, were examined, with relation to the Non-attendance of the Lord Leigh, Lord Maynard, Lord Percy, Earl of Aylesford, Earl of Oxford, Earl of Coventry, Earl of Carlisle, Earl of (fn. 1) Cardigan, and Earl of Denbigh.

Who were thereupon severally excused.

Ordered, That the List of such Lords as did not appear at the said Trials, and have not been excused, be taken into Consideration on this Day Fortnight.

Scott against Fullerton & al.

Upon reading the Petition and Appeal of Hercules Scott of Brothertoun Esquire; complaining of an Interlocutor of the Lords of Session in Scotland, of the 7th of July 1743; an Interlocutor of the Lord Ordinary, of the 9th of December following; and also of another Interlocutor of his Lordship, of the 21st of June 1744, and of his Adherence thereto, the 10th of July following; and likewise of an Interlocutor of the Lords of Session, of the 12th of June 1746, and of their Adherence thereto, the 17th of July following; as also of an Interlocutor of the Lord Ordinary, of the 23d of the same Month, made on the Behalf of Thomas Fullerton of Gallraw, John Fullerton of Cowie, John Turnbull of Strickathrow, and Robert Ramsay Merchant in Edinburgh; and praying, "That the same may be, in the several Particulars specified in the said Appeal, reversed, altered, or varied; and such other Relief given the Appellant as to the House shall seem just:"

It is Ordered, That the Parties above named may have a Copy or Copies of the said Appeal; and are hereby required to put in their Answer or respective Answers thereunto, in Writing, on or before Monday the First Day of September next; and that Service of this Order on their Procurators or Agents in the Court below shall be good Service.

Highlands in Scotland, disarming, Bill:

The House (according to Order) was adjourned during Pleasure, and put into a Committee again upon the Bill, intituled, "An Act for the more effectual disarming The Highlands in Scotland; and for more effectually securing the Peace of the said Highlands; and for restraining the Use of the Highland Dress; and for indemnisying the Judges and other Officers of the Court of Justiciary in Scotland, for not performing the Northern Circuit in May One Thousand Seven Hundred and Forty-six."

After some Time, the House was resumed.

And the Earl of Warwick reported from the said Committee, "That they had gone through the Bill, and made some Amendments thereunto; which he would be ready to report, when the House will please to receive the same."

Ordered, That the said Report be received Tomorrow; and the Lords to be summoned.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, quintum diem instantis Augusti, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 5o Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Gower, C. P. S.
Dux Devon, Senescallus.
Dux Richmond.
Dux Bolton.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
March. Tweeddale.
Comes Pembroke.
Comes Warwick.
Comes Winchilsea.
Comes Sandwich.
Comes Scarbrough.
Comes Cholmondeley.
Comes Moray.
Comes Findlater.
Comes Stair.
Comes Granville.
Comes Graham.
Comes Waldegrave.
Comes Fitzwalter.
Comes Bath.
Comes Harrington.
Comes Clinton.
Viscount Harcourt.
Viscount Torrington.
Ds. Dudley.
Ds. Willoughby Bar.
Ds. Willoughby Par.
Ds. Clifton.
Ds. Strange.
Ds. Berkeley.
Ds. Hervey.
Ds. Somerville.
Ds. Hay.
Ds. Masham.
Ds. Foley.
Ds. Bathurst.
Ds. Onslow.
Ds. Ducie.
Ds. Habart.
Ds. Monson.
Ds. Fitzwilliam.
Ds. Edgecumbe.
Ds. Sandys.

PRAYERS.

Sinking Fund, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for granting to His Majesty a certain Sum of Money, out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Forty-six; and also for enabling His Majesty to raise a further Sum of Money, for the Uses and Purposes therein mentioned; and for the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Receipts, Annuity Orders, or other Orders, lost, burnt, or otherwise destroyed."

The Question was put, "Whether this Bill shall pass?"

It was Resolved in the Affirmative.

Message to H. C. that the Lords have agreed to it.

A Message was sent to the House of Commons, by Mr. Thurston and Mr. Edwards:

To acquaint them, that the Lords have agreed to the said Bill, without any Amendment.

Lord Stawell excused.

The House being informed, "That Two Persons attended, in order to prove that Edward Lord Stawell was under such a Disability, as prevented his Lordship's Attendance at the Trials of the Three Lords lately convicted of High Treason:"

They were called in; and, at the Bar, attesting upon Oath the Truth of that Matter:

They were directed to withdraw.

Ordered, That the said Lord Stawell be excused.

Highlands in Scotland, disarming, Bill.

The Earl of Warwick (according to Order) reported from the Committee of the whole House to whom the Bill, intituled, "An Act for more effectual disarming The Highlands in Scotland, and for more effectually securing the Peace of the said Highlands; and for restraining the Use of the Highland Dress; and for indemnifying the Judges and other Officers of the Court of Justiciary in Scotland, for not performing the Northern Circuit in May One Thousand Seven Hundred and Forty-six," stood committed, the Amendments made by the said Committee to the said Bill.

Which, being read Twice by the Clerk, were agreed to by the House.

Message from H. C. to return Van Neck's Bill.

A Message was brought from the House of Commons, by Mr. Talbot and others:

To return the Bill, intituled, "An Act for the Exchange of an Estate in Putney, in the County of Surry, held in Trust for charitable Uses, for another Estate of Gerard Van Neck Esquire, in the County of Hertford; and for Payment of a Sum of Money to the Trustees, to be applied to the like Uses;" and to acquaint this House, that they have agreed to the said Bill, without any Amendment.

Johnson to enter into Recognizance for Scott.

The House being moved, "That Claud Johnson of the City of London Merchant may be permitted to enter into a Recognizance for Hercules Scott Esquire, on account of his Appeal depending in this House; he being in Scotland:"

It is Ordered, That the said Claud Johnson may enter into a Recognizance for the Appellant, as desired.

Lords of Session to prepare the Draught of a Bill, for remedying the Inconveniencies of Heretable Jurisdictions in Scotland.

Ordered, That the Lords of the Session in Scotland do prepare the Draught of a Bill, for remedying the Inconveniencies arising from the several Kinds of Heretable Jurisdictions, in that Part of Great Britain called Scotland; and for making more effectual Provision for the regular Administration of Justice throughout that Part of the United Kingdom, by the King's Courts and Judges there; and do cause such Draught of a Bill to be laid before this House at the Beginning of the next Session of Parliament.

Lords of Session to inquire what Regalities and Heretable Sheriffships are subsisting in Scotland.

Ordered, That the Lords of Session in Scotland, do inquire and consider what Regalities and Heretable Sheriffships are subsisting within that Part of Great Britain called Scotland; what Persons are now in Possession thereof; and which of such Regalities were granted before the Act of the Eleventh Parliament of King James the Second of Scotland, intituled, "That all Regalities being in the King's Hands be annexed to the Royalty," and which of them since; and as to such as have been granted since, which of them were granted with Deliverance in Parliament, and which without; and that they do certify the same to this House, at the Beginning of the next Session of Parliament.

Ordered, That the Lord Chancellor do transmit the said Orders to the Lord President of the Session in Scotland, to be by him communicated to the Lords of Session there.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Mercurii, sextum diem instantis Augusti, hora undecima Auroræ, Dominis sic decernentibus.

DIE Mercurii, 6o Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon.
Epus. Landavens.
Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Dux Devon, Senescallus.
March. Tweeddale.
March. Rockingham.
Comes Thanet.
Comes Findlater.
Comes Stair.
Comes Graham.
Viscount Torrington.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Strange.
Ds. Hervey.
Ds. Somerville.
Ds. Masham.
Ds. Ducie.
Ds. Hobart.
Ds. Monson.
Ds. Fitzwilliam.

PRAYERS.

Highlands in Scotland, disarming, Bill:

Hodie 3a vice lecta est Billa, intituled, "An Act for the more effectual disarming The Highlands in Scotland; and for more effectually securing the Peace of the said Highlands; and for restraining the Use of the Highland Dress; and for indemnifying the Judges and other Officers of the Court of Justiciary in Scotland, for not performing the Northern Circuit in May One Thousand Seven Hundred and Forty-six."

The Question was put, "Whether this Bill, with the Amendments, shall pass?"

It was Resolved in the Affirmative.

Message to H. C. with Amendments to it.

A Message was sent to the House of Commons, by Mr. Bennet and Mr. Thurston:

To acquaint them, that the Lords have agreed to the said Bill, with some Amendments, whereunto their Lordships desire their Concurrence.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Jovis, septimum diem instantis Augusti, hora undecima Auroræ, Dominis sic decernentibus.

DIE Jovis, 7o Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Exon. Ds. Hardwicke, Cancellarius.
Comes Gower, C. P. S.
March. Rockingham.
Comes Suffolk.
Comes Warwick.
Comes Moray.
Ds. Willoughby Br.
Ds. Willoughby Par.
Ds. Hervey.
Ds. Somerville.
Ds. Foley.
Ds. Hobart.
Ds. Fitzwilliam.

PRAYERS.

E. Huntingdon excused.

The House being informed, "That Two Persons attended, in order to prove that Theophilus Earl of Huntingdon was under such a Disability, as prevented his Lordship's Attendance at the Trials of the Three Lords lately convicted of High Treason:"

They were called in; and, at the Bar, attesting upon Oath the Truth of that Matter:

They were directed to withdraw.

Ordered, That the said Earl of Huntingdon be excused.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Lunæ, undecimum diem instantis Augusti, hora undecima Auroræ, Dominis sic decernentibus.

DIE Lunæ, 11o Augusti.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Epus. Landavens. Ds. Hardwicke, Cancellarius.
Dux Dorset, Præses.
Comes Cholmondeley.
Comes Findlater.
Comes Leicester.
Comes Clinton.
Ds. Dudley.
Ds. Willoughby Par.
Ds. Strange.
Ds. Cornwallis.
Ds. Hervey.
Ds. Hobart.
Ds. Fitzwilliam.
Ds. Edgecumbe.

PRAYERS.

McCulloch to be attached, for printing the Ld. High Steward's Speech.

Complaint being made to the House, and Oath at the Bar, "That one A. McCulloch, at The Lamb and Bible, near Devereux Court without Temple Bar, has caused to be printed and published the Speech made by the Lord High Steward the First Instant, upon giving Judgement against the Three Lords lately convicted of High Treason, in a News Paper, intituled, "The General London Evening Mercury, from Tuesday August 5th, to Thursday August 7th," in Breach of the Privilege of this House:"

It is Ordered, That the Gentleman Usher of the Black Rod attending this House, his Deputy or Depu ties, do forthwith attach the Body of the said A. McCulloch, and bring him in safe Custody to the Bar of this House, to answer for his said Offence; and this shall be a sufficient Warrant on that Behalf.

To Sir Charles Dalton Knight, Gentleman Usher of the Black Rod, his Deputy or Deputies, and to every of them.

Message from H. C. to return the Bill for disarming the Highlands in Scotland;

A Message was brought from the House of Commons, by Sir William Yonge and others:

To return the Bill, intituled, "An Act for the more effectual disarming The Highlands in Scotland; and for more effectually securing the Peace of the said Highlands; and for restraining the Use of the Highland Dress; and for indemnifying the Judges and other Officers of the Court of Justiciary in Scotland, for not performing the Northern Circuit in May One Thousand Seven Hundred and Forty-six;" and to acquaint this House, that they have agreed to their Lordships Amendments made thereto.

and Carmichael's Bill.

A Message was brought from the House of Commons, by Mr. Compton and others:

To return the Bill, intituled, "An Act to enable Daniel Carmichael of Mauldsley, or the succeeding Heirs of Entail, to sell Lands in the Counties of Lanark and Fife, for Payment of Debts charged thereupon; and to purchase other Lands, to be settled to the same Uses as the Estate to be sold is settled;" and to acquaint this House, that they have agreed to the same, without any Amendment.

Adjourn.

Dominus Cancellarius declaravit præsens Parliamentum continuandum esse usque ad et in diem Martis, duodecimum diem instantis Augusti, hora undecima Auroræ, Dominis sic decernentibus.

DIE Martis, 12o Augusti.

REX.

Domini tam Spirituales quam Temporales præsentes fuerunt:

Fredericus Princeps Walliæ.

Arch. Cant.
Epus. Landavens.
Dux Cumberland.
Ds. Hardwicke, Cancellarius.
Comes Gower, C. P. S.
Dux Richmond.
Dux Argyll.
Dux Ancaster & Kesteven, Magnus Camerarius Angl.
Dux Newcastle.
March. Tweeddale.
March. Rockingham.
Comes Pembroke.
Comes Lincoln.
Comes Suffolk & Berks.
Comes Warwick.
Comes Winchilsea.
Comes Anglesey.
Comes Cholmondeley.
Comes Sutherland.
Comes Moray.
Comes Home.
Comes Findlater.
Comes Macclesfield.
Comes Graham.
Comes Waldegrave.
Comes Bath.
Comes Clinton.
Viscount Fauconberg.
Viscount Falmouth.
Viscount Torrington.
Ds. Dudley.
Ds. Willoughby Bar.
Ds. Clifton.
Ds. Strange.
Ds. Berkeley.
Ds. Cornwallis.
Ds. Somerville.
Ds. Foley.
Ds. Hobart.
Ds. Monson.
Ds. Chedworth.
Ds. Fitzwilliam.
Ds. Edgecumbe.

PRAYERS.

The House was adjourned during Pleasure, to robe.

The House was resumed.

The King present:

His Majesty, being seated on the Throne, adorned with His Crown and Regal Ornaments, and attended by His Officers of State; the Prince of Wales and the Duke of Cumberland (in their Robes) sitting in their respective Places (the Lords being also in their Robes); the Gentleman Usher of the Black Rod received His Majesty's Commands, to let the Commons know, "It is His Majesty's Pleasure, that they attend Him immediately, in this House."

Who being come, with their Speaker; he, after a Speech to His Majesty, delivered the Bill for granting Money out of the Sinking Fund, to the Clerk; who brought it to the Table; where the Clerk of the Crown read the Title of that and the other Bills ready for the Royal Assent, as follow; (videlicet,)

Bills passed.

"1. An Act for granting to His Majesty a certain Sum of Money out of the Sinking Fund, for the Service of the Year One Thousand Seven Hundred and Forty-six; and also for enabling His Majesty to raise a further Sum of Money, for the Uses and Purposes therein mentioned; and for the further appropriating the Supplies granted in this Session of Parliament; and for making forth Duplicates of Exchequer Bills, Lottery Tickets, Receipts, Annuity Orders, or other Orders, lost, burnt, or otherwise destroyed."

To this Bill the Royal Assent was pronounced, in these Words; (videlicet,)

"Le Roy remercie ses bons Sujets, accepte leur Benevolence, et ainsi le veult."

"2. An Act for the further Punishment of Persons going armed or disguised, in Defiance of the Laws of Customs or Excise; and for indemnifying Offenders against those Laws, upon the Terms in this Act mentioned; and for the Relief of Officers of the Customs, in Informations upon Seizures."

"3. An Act more effectually to prohibit and prevent Pastors or Ministers from officiating in Episcopal Meeting-houses in Scotland, without duly qualifying themselves according to Law; and to punish Persons for resorting to any Meeting-houses where such unqualified Pastors or Ministers shall officiate."

"4. An Act for the more effectual disarming The Highlands in Scotland; and for more effectually securing the Peace of the said Highlands; and for restraining the Use of the Highland Dress; and for further indemnifying such Persons as have acted in Defence of His Majesty's Person and Government during the unnatural Rebellion; and for indemnifying the Judges and other Officers of the Court of Justiciary in Scotland, for not performing the Northern Circuit in May One Thousand Seven Hundred and Forty-six; and for obliging the Masters and Teachers of private Schools in Scotland, and Chaplains, Tutors and Governors of Children or Youth, to take the Oaths to His Majesty, His Heirs and Successors; and to register the same."

"5. An Act to allow the Purchase, for His Majesty's Use, of Naval Stores brought into this Kingdom on Board Neutral Ships, by any of His Majesty's Ships; and to allow such Stores to be landed and entered, during the Continuance of the present War with France and Spain, or either of them."

"6. An Act to regulate Insurance on Ships belonging to the Subjects of Great Britain, and on Merchandizes or Effects laden thereon."

"7. An Act for mending the Laws relating to Bankrupts."

"8. An Act more effectually to prevent the Frauds and Abuses committed in the Admeasurement of Coals, within the City and Liberty of Westminster, and that Part of the Dutchy of Lancaster adjoining thereto, and the several Parishes of Saint Giles in the Fields, Saint Mary le Bon, and such Part of the Parish of Saint Andrew Holborn as lies in the County of Middlesex."

"9. An Act to indemnify Persons who have omitted to qualify themselves for Offices, Employments, and Promotions, within the Time limited by Law; and for allowing further Time for that Purpose."

To these Bills the Royal Assent was pronounced, severally, in these Words; (videlicet,)

"Le Roy le veult."

"10. An Act to enable George Earl of Cholmondeley and Sir William Yonge Baronet, Knight of the most Honourable Order of the Bath, to take, in Great Britain, the Oath of Office as Vice Treasurer and Receiver General and Paymaster General of all His Majesty's Revenues in the Kingdom of Ireland; and to qualify themselves for the Enjoyment of the said Offices."

"11. An Act to enable Sir William Duckinfield Daniel Baronet to take and use the Surname, and bear the Arms, of Daniel, pursuant to the Will of Sir Samuel Daniel Knight, deceased."

"12. An Act for Sale of divers Lands and Hereditaments in the Counties of Suffolk and Middlesex, entailed on the Daughters of Thomas Bennet Esquire, in order to raise a Sum of Money in present for their Portions, as an Equivalent for their Reversionary Interest in the said Estates, expectant on the Death of their Father."

"13. An Act for the Exchange of an Estate in Putney, in the County of Surrey, held in Trust for charitable Uses, for another Estate of Gerard Van Neck Esquire, in the County of Hertford; and for Payment of a Sum of Money to the Trustees, to be applied to the like Uses."

"14. An Act to enable Daniel Carmichael of Mauldsley, or the succeeding Heirs of Entail, to sell Lands in the Counties of Lanark and Fife, for Payment of Debts charged thereupon; and to purchase other Lands, to be settled to the same Uses as the Estate to be sold is settled."

To these Bills the Royal Assent was severally pronounced, in these Words; (videlicet,)

"Soit fait comme il est desiré."

Then His Majesty spake as follows;

His Majesty's Speech.

"My Lords, and Gentlemen,

"I cannot put an End to this Session of Parliament, without expressing to you My entire Satisfaction in your Proceedings. The Zeal and Vigour which you have so unanimously shewn, for the Support of My Government, for suppressing the late Rebellion, and for bringing the Guilty to Justice, in which you have been so universally seconded by My good Subjects, have not only fully answered My Expectations; but give Me the best Assurance, that you are determined to perfect this good Work, by settling our Tranquillity at Home upon solid Foundations, and extinguishing the Hopes of the Pretender and all his Adherents.

"The Powers which you thought fit to repose in Me, on this Occasion, have been employed in the most proper and effectual Manner, and made strictly subservient to those Purposes only for which you intended them; and it has pleased the Divine Providence, in a most signal Manner, to bless the Measures we have taken with Success. I am very sensible there are Matters of great Moment still behind, which are necessary for our lasting Security, and preventing the like Calamities for the future; but, as a Foundation is prudently laid for your proceeding upon them in the next Session, I was unwilling to detain you longer out of your respective Countries at this advanced Season of the Year.

"I have the Satisfaction to acquaint you, that the Posture of Affairs Abroad appears more favourable than when I last spoke to you. As soon as the Safety of My own Kingdoms would permit; I sent such a Body of Troops as could be spared from hence, to strengthen the Allied Army in The Netherlands, for the Defence of The United Provinces, and opposing the further Progress of France on that Side: By Means of this Succour, and the other powerful Assistances which you have enabled Me to furnish, that Army has been very considerably augmented, and is become much stronger than was expected at the Beginning of the Year. This Event, together with the happy Successes of the Austrian and Sardinian Armies in Italy, and some other Incidents which have happened to the Advantage of the common Cause, give us a better Prospect of bringing our Enemies to Reason, and procuring a safe and honourable Peace, which is My great End and Aim.

"Gentlemen of the House of Commons,

"The great Readiness and Chearfulness, with which you have granted Me the Supplies for the current Year, require My particular Thanks. I am very sensible of the extraordinary Difficulties which the Circumstances of the Times brought upon this important Service, and upon the Public Credit in general; and which nothing but your Prudence and Firmness could have overcome: What you have given shall be strictly applied to the Purposes you intended; and you cannot but have observed My Desire to lessen the Public Expence, as far as possible, by taking the First Oppor tunity to disband those Regiments, which the laudable and active Zeal of several of My faithful Subjects of the First Rank and Distinction had added to our Strength on this Occasion.

"My Lords, and Gentlemen,

"I have had such ample Experience of your unshaken Fidelity, and of your Affection and Attachment to Me and My Family, that I rely with the utmost Considence on your future Conduct. I cannot doubt that, during this Recess, you will, in your several Stations, use your utmost Endeavours to restore and preserve the Peace of the Kingdom; to heal the Wounds which this unnatural Rebellion may have made; and to encourage and cultivate in My Subjects that Spirit of Loyalty, and of Zeal for the present Establishment, which has so remarkably appeared: The Impressions of it shall ever remain upon My Mind, and be demonstrated by the Continuance of My Vigilance and Endeavours to make them a happy People."

The Speech being ended;

The Lord Chancellor, by His Majesty's Command, said,

Parliament prorogued.

"My Lords, and Gentlemen,

"It is His Majesty's Royal Will and Pleasure, that this Parliament be prorogued to Tuesday the Thirtieth Day of September next, to be then here held: And this Parliament is accordingly prorogued to Tuesday the Thirtieth Day of September next."

Footnotes

1 Origin. Cardign.