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where should they lay him but by the side of his beloved first wife? Owing to the manner in which the disinterment was managed, the identity of the body exhumed must always remain an open question. The reader who wishes to understand the subject thoroughly should refer to the Gentleman's Magazine for August 1828; Mr. Forster's "Memoir of Lord Nugent," attached to an edition of The Memorials of Hampden, and the pages of "N. & Q." AN OLD CONTRIBUTOR.

In the Annual Register for the year 1828, "Chronicle," p. 93, is an account of the disinterment of the body of Hampden in that year, "given to the public by one of the party." In some passages it is in such verbal accordance with the narrative given by MR. J. W. SMITH in "N. & Q.," as to lead to the supposition that both have some community of origin; but in the material passages the two narratives differ widely, or are in direct opposition. I have inclosed you a copy of that printed in the Annual Register. The chiefest points of difference are three, and it appears desirable that the facts should be settled by a strict sifting of the evidence.

In the Annual Register narrative it is stated that the right arm presented such an appearance as to suggest amputation, inasmuch as "the lobe presented a perfectly flat appearance as if sawn off by some sharp instrument." MR. SMITH says, "the two bones of the (right) fore-arm, for about three inches above the wrist, were without flesh or skin, but there were no marks of amputation." With regard to the injury to the shoulders, the Annual Register says,·

"The socket of the left arm was perfectly white and healthy, and the clavicle firmly united to the scapula, nor was there the least appearance of contusion or wound. The socket of the right shoulder, on the contrary, was of a brownish cast, and the clavicle being found quite loose, and disunited from the scapula, proved that dislocation had taken place."

MR. SMITH says,

"The shoulders and arms were then carefully inspected. There did not appear any discolouration, or the slightest injury to the shoulders or arms."

In the Annual Register it is stated that "a little beard remained on the lower part of the chin, and the whiskers were strong, and somewhat lighter than his hair." MR. SMITH says, "the beard had been shaven, but there appeared a growth of about a sixteenth of an inch." There is a slight discrepancy as to the beard; but MR. SMITH omits any mention of the whiskers. If it can be substantiated that whiskers were really seen upon the face, it would settle the suggestion as to the corpse exhumed being really that of a female.

The variation in the two accounts in reference to the position of the coffin and the condition of

the plate is not material. The two narrators are clearly speaking of the same thing.

It is not stated whence the narrative of the Annual Register is derived, but I have no doubt that it is a reprint of some contemporary publication. THOS. HANSARD. Temple.

HEIRESS'S SON.

(3rd S. iii. 19.)

The doctrine advanced by S. T., in the last paragraph of his observations on F. L. B. D.'s communication, is quite contrary to the received notions of heraldic law; and if generally adopted, would lead to endless confusion. For instance, A may have six brothers who all have male issue; but A himself has an only daughter and heiress, whose son would (provided he had no paternal coat), according to S. T.'s theory, bear the same arms as his relatives of a different surname and family, merely because he is the representative of A. Even supposing the right limited to the descendants of an heiress, who is the sole representative in blood of her family, who has neither uncle, aunt, nor cousin of her name (besides the anomaly of Mr. Brown, for instance, bearing the arms of Smith), it must be remembered that there are many families of the same name bearing the same arms though not known to be related, fact of the same arms being borne being perhaps the only proof of community of origin; but unfortunately the modern practice of sending "name and county" to some of the numerous arms finders for the million weakens the force of this argument; and whatever may be the proper way to "manage these things," I would sooner see Mr. Brown heraldically garbed in the coat of his grandfather Mr. Smith, than that he should adorn the panels of his chariot with the time-honoured bearings of the house of Kilmaine or Sligo: to which he has no more right than he has to those noblemen's family estates, which would very probably be assigned to him by the "authorities" in question.

the

But the fact is, that a person not being an armiger by descent, has no nobility of blood; and ergo, has no right to bear arms until he is made gentle by a grant, when he is in a position to quarter the arms of his mother and transmit them to his posterity.

In the supposed case cited, however (but this is a point upon which I by no means insist), if Mr. Brown's daughter and heiress marry an armiger, I conceive that her issue by such armiger would be entitled to quarter the arms of Smith, although Mr. Brown had no arms; because the same objection could not here apply, the issue being paternally gentle, and the Smith arms would then be called out of abeyance.

That "auncient Herehaught," Gerard Legh, whose work abounds with fanciful conceits, states that the son of a gentlewoman, married to one having no coat armour, may during his life bear his mother's coat "with a difference cynquefoyle;" but I do not believe a single instance of a coat so borne can be adduced; and this "laced coat," as he punningly (?) styles it, evidently had its origin in Mr. Gerard's own maggotty noddle. An authority cited by a correspondent, in 1st S. x. 32, viz. that of Glover from a MS. in the College of Arms, and which I may add is printed in Dallaway, must be considered decisive:

"If an inheritrix," he says, "marrie a man that bearith no armes, her issue by that husband shall not bear the mother's father's armes," &c.

H. S. G.

YORKSHIRE SUFFERERS IN 1746.

(3rd S. ii, 450.)

The following lists are extracted from the contemporary weekly numbers of The Norwich Mercury, and are professedly given in that paper on the trustworthy authority of the numbers of The York Courant, of the several dates immediately succeeding those to which the events refer. The

names are here set down as I find them spelt in the above publications.

"Executed at York, Nov. 1, 1746.- George Hamilton, Captain of Hussars; Edward Clavering, a gentleman of Northumberland; Daniel Frazier, a Highlander, who had deserted from Lord Loudon; William Conolly, an Irishman, of the Duke of Perth's reg., who had deserted from the Welsh Fusileers; James Sparks, a Derbyshire man, of Townley's reg.; Charles Gordon, of Glenbucket's reg.; Angus M'Donald, of M'Donald's reg.; James Mayne, of Grant's reg.; Benjamin Mason, an Irishman, of Glenbuchet's reg.; and William Dempsey, an Irishman, of Townley's reg.

"Two Hearses were ready to receive the bodies of Capt. Hamilton, Clavering, and Gordon; and coffins for the rest. The heads of Conolly and Mayne were set up at Micklegate-Bar; Hamilton's was put into a box, in order to be sent to Carlisle; but the rest were put into the coffins with their bodies; and they were all buried behind the Castle. Four of them only were Roman Catholics.

"Executed at York, Nov. 8, 1746.- David Row, a volunteer, had been an officer in the Customs, and was taken at Clifton; William Hunter, of Newcastle-uponTyne, a Roman Catholic, of Townley's reg.; John Endsworth, a Roman Catholic of Knottesford, Cheshire, of Grant's reg.; John M'Clean, a Highlander of Perthshire, of the Duke of Perth's reg.; John M'Greggor, of Perthshire, of the Duke of Perth's reg.; Simon M'Kensie, of Inverness, of Stuart's reg.; Alexander Parker, of the shire of Murray, of Stuart's reg.; Thomas M'Gennis, of the Shire of Bamff, of Glenbucket's reg.; Archibald Kennedy, of the Shire of Air, servant to Col. Grant, of Glenbucket's reg.; James Thompson, of Lord Ogilvie's reg.; and Michael Brady, an Irishman, of Glengarry's reg.

66

Reprieved. John James Jellins (on his way to the gallows), William Crosby, William Barclay, Sir David

Murray, Charles Robinson, James M'Colley, David Ogilvy, Gilbert Barcloy, Peter Campbell, John Gaddes, John Alexander M'Clean, John Beaton, John Cruikshanks, Walker, Matthew Matthews, George Mills alias Miller, John Duncan, John Barclet, John Flint, John Porteous, Alexander Steel, Robert Stuart, William Stephens, Alexander Nichols, Archibald Payton, John Barnagey, James M'Lauchlan, John M'Lauchlan, William Grant, George Boyd, Peter Hay, John Scott, James Creighton, Peter M'Donald, Alexander Goodbrand, John M'Quin, James Wishart, David Webster, William Farrier, Duncan Stuart, William Scott, David Wilkie, William Smith, James Webster, William Hay, Angus Campbell, Alexander Scott, and Daniel Duff.

"Executed at York, Nov. 15, 1746.-James Reid." WM. MATTHEWS.

Cowgill.

SAMUEL ROWE. (3rd S. ii. 459.)

The name of Roo and Roe occur as landowners at Cheddar, Somerset, at an early date, but whether they were in any way connected with the ancestors of Samuel Rowe I cannot undertake to

say. I find in Collinson's Hist. Som., vol. iii. pp. 576, 577, that the manor of Chedder-Fitzwalter was owned by Henry Roo, or Roe, 7 Edw. IV., and who then resided there. He was, as Collinson states, "progenitor of all the Roes of this

place." It is further said that the manor, by an heiress, came to the family of Tilham, who sold it to a Mr. Birch, from whom it descended to a Mrs. Stagg, the then (1791) owner. church there is a small chapel adjoining the south In Chedder aisle, which was claimed by Mrs. Stagg, as owner of the manor and mansion formerly held by the Roes, and in the east window of this chapel (as I learn from Collinson)

lodged argent, Roe, impaling a chevron ermine between "Are several shields of arms; viz., 1, azure, a roebuck three leaves vert. 2, Roe impaling argent, a chevron sable between three annulets gules. In the south window: 1, Roe; 2, vert a cross flory argent; in the dexter chief a garb or, over it a mitre. 3, I. S. interwoven, and surmounted by a mitre, for Bishop John Still. 4, Chedder, impaling argent three fleurs-de-lis or, surmounted by a pile of three points azure. On a stone tomb in the chapel: Here lyeth the body of Edmund Rooe, Esq., who departed this life the 27th of March, A. D. 1595.' Arms, 1 and 4, Roe, 2 gules a chevron ermine between three leaves vert. 3, A heart between hands and feet. 5, Argent a chevron sable between three annulets gules."

From an original deed of settlement, dated May 10, 15 James I., between Edward Lancaster of Milverton, Somerset, gent., of the first part; John Lancaster, gent., son and heir apparent of said Edward Lancaster and Dorothy his wife, daughter of Henry Whittington, gent., deceased, of the second part; John Colles of Wiveliscombe, Somerset, Esq., Roger Bowrne, of same place, gent.; Andrew Whittington of Clifton, Glouces tershire, gent., and William Richars, senr., of Milverton, gent., of the third part, it appears that the

manor of "Chedder-Fitzwaters," and the manorhouse, demesne lands in Chedder, "w'ch sometime were the inheritaunce, or in the seizin or possession of Edmonde Roe, gent., deceased," were then "in the seizin or possession" of said Edward Lancaster. This manor, manor-house, &c., and other property in Cheddar, Batcombe, Wynforde, Tarnocke, Wedmore, Allerton, Westbury, Wokey, East Brent, Butcombe, Draycot, and Glastonbury, formerly the inheritance of said Edmonde Roe, were, with other extensive estates in Somerset (except those in Trent, Milborn Port, and Kingsbury Regis, other than the patronage of the church of Trent), settled on said John Lancaster and his issue. It thus appears that the Roes of Chedder must have been a wealthy and respectable family.

By what means the estates of the Roes came to the Lancasters I cannot say, as the deed of settlement I have just now quoted does not give me the requisite information.

ton; Sir Rob. Rochester; Sir William Fairfax
(1557-8); Sir Tho. Cawarden; Sir Ric. Clough ;
Walter Devereux, Earl of Essex; Bp. Fletcher;
Francis Beaumont, Justice of C. P.; John Napier
of Merchistoun; Thomas first Lord Fairfax; Sir
Robert Hitcham, King's Serjeant; Bp. Dee;
Abp. Spottiswood; Ferdinando Lord Fairfax;
Arthur Wilson the historian; Humphrey Chet-
ham; David Calderwood; Sir Will. Savile, Bart.;
Sir William Penn; Anne, Countess of Dorset,
Pembroke, and Montgomery; Edward Hyde,
Earl of Clarendon; Lady Fanshawe; Sir Will.
Temple; King Will. III.; Bp. Patrick; Richard
Cromwell; Thomas Hearne; Dean Swift; Dr.
Bentley; Sarah, Duchess of Marlborough; But-
ler, Bp. of Durham;_Peter_ Thelluson; Bp. Por-
teus; Lord Byron; Jebb, Bishop of Limerick;
Tho. Telford; Sir Rob. Peel (codicil); and Dan.
Wilson, Bp. of Calcutta.
C. H. COOPER.
Cambridge.

PEERAGE FORFEITED (3rd S. iii. 8.)-On reThe name of Roo also occurs at Shepton Mallet. The following is a copy of the will of one of them: (334), also to Burke's Extinct and Nicolas's Syference to Burke's St. James's Magazine, 1850 "In dei nomine, the year of our lord 1540, vij day of nopsis of the Peerage, C. J. will find that George February, make this my testament, I Robert Roo, in this man'r followyng:- Fyrst, I bequeathe my sowle to al- Nevill, the eldest son of the Marquis of Montagu, mighty god, my body to be buryd yn the churchyeard of and nephew of Richard, Earl of Warwick and Shepton Mallet. Item, I bequethe to the crosse lyght Salisbury,-which George was created Duke of ijd. It'm, to Saynt Androwys iijd. It'm, to the bellys Bedford, 1469, by Edward IV.—was degraded by iiij. The resydew of my goods, movable and vnmovable, Parliament, 1477, from the assigned cause of not bequethyd, I geve to Agnes my wyff, whom I make my sole executrix. Wytnys Rychard Stayn'r, John Ar- poverty; poverty produced by the many attainders of his noble and illustrious house. gwynt, and Robert Hannam."

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PRINTED WILLS (3rd S. iii. 30.)-To the lists of printed wills which have already appeared in "N. & Q.," it may be well to add the will of Richard, seventh Viscount Fitzwilliam of Merrion, who died in London, February 4, 1816. His will may be found in Act 3 and 4 Wm. IV. c. 26 (Local and Personal Statutes), and likewise in Act 5 and 6 Vict. c. 23; and under it the present

Earl of Pembroke has inherited the large and valuable "Fitzwilliam estates." ABHBA.

Walter de Merton, Bp. of Rochester; Simon de Langham, Cardinal; John Gower, poet; Bp. de Beckington; Bp. Lyndewode; Rob. Fisher of Beverley (father of the Bp. of Rochester); Sir Ralph Verney, Ald. of London; Bp. Waynflete; Abp. Dene; John Writhe, Garter; John Grey, second Viscount Lisle; Kath. Courtenay, Countess of Devon; Queen Catharine of Arragon; Humphrey Monmouth, Ald. of London; Andrew Borde, M.D.; Thomas Wriothesley, Earl of Southamp

D. D. H.

Anciently a writ of summons to Parliament might be omitted where the person summoned, or his descendant, had not a sufficient estate to support the dignity of a peer. Thus William, the second Lord Say and Seal, grew necessitated to mortgage the greatest part of his lands, and so afterwards the barony became extinct. (Cruise on Dignities, 76, s. 29, citing Dugd. Bar. v. ii. 264.)

In the Earl of Shrewsbury's case, 12 Coke R. 105, it is laid down that, although one may have a dignity without any possessions ad sustinendum nomen et onus, yet it is very inconvenient that dignity should be clothed with poverty, and in cases of writs and such other legal proceedings, he is accounted in law a nobleman, and so ought to be called in respect of his dignity; yet, if he wants possessions to maintain his estates, he cannot press the king in justice to grant him a writ to call him to the parliament; and so it was resolved in the case of the Lord Ogle in the reign of Edw. VI., as Lord Burleigh at the Parliament 35 Eliz. did report. And in the same case it was held that, although a peer had not any possessions to support his dignity, yet his dignity could not be taken from him without an act of parliament.

By an act of parliament, 17 Edw. IV., reciting wish us to believe that the present so-called Order, that the king had made George Nevill Duke of and the present so-called Order of Knights TemBedford, and that it was openly known that he plars, have any connection with the mediaval had not, nor by inheritance might have, any live-orders of the same name, further than the name? lihood to support the name, estate, and dignity of Duke of Bedford, and that it was seen that when any lord had not livelihood to support his dignity, it oftentimes caused great extortion, embracery, and maintenance; wherefore the king, by the advice of the lords spiritual, &c., ordained that the making of the said Duke, and all the names of dignity to him, or to his father, should be void. (Cruise Dign. 126, citing Rot. Parl. v. 6, 173.)

I have given the references in order that C. J. may consult the originals, if he pleases so to do. C. S. GREAVES.

DR. RICHARD KINGSTON (3rd S. ii. 470.)-In a Catalogue of Manuscripts, issued by Thomas Thorpe in 1834, is the following document relating to this individual, whose orders and academical degrees appear rather dubious. It is thus de

scribed:

"Lot 468. Petition of Richard Kingston, addressed to Mr. Brathwayte [Clerk to the Privy Council], urging his interest to obtain Kingston the arrears of his Pension, being about 600Z., A.D. 1699.

"This Petition sets forth his services in the cause of King William III.; his having been a witness in the conviction of three several traitors; his bringing into the Treasury 12251. by a seizure of French silks; his printing thirteen books on the Government's behalf at his own charge; having a hundred pounds' worth of books and other goods taken from him for the payment of the King's tax upon his pension, which he has not received; his being aged sixty-four, having nine children, and in extreme poverty; will be inevitably ruined unless speedily supplied by His Majesty's goodness.

"With these papers are three letters, wholly autograph, of Lord Lucas, Governor of the Tower of London, imploring Brathwayte's good offices in behalf of the poor gentleman, Dr. Kingston, that if not helped speedily, he and his numerous family must perish for want: a hard case, that after nine years' service he should starve.' The letters also show that this pension had been antecedently paid by Lord Lucas as secret service money."

J. YEOWELL.

OIL WELLS (3rd S. iii. 24.)—On the subject of "Oil Wells I quote as follows from Maitland's History of Edinburgh, p. 507:

"About a mile to the eastward of those (the Pentland) Hills lies a small village denominated St. Catherine's, or the Kaims, at which is a spring called the Oily

Well, from an unctuous substance wherewith it is covered, said to be good for scorbutical disorders."

This well still exists (between two and three miles south of Edinburgh), and though a century and more has run since Maitland wrote, the same species of unctuous matter continues to cover its surface. Its water has, however, I understand, long ceased to be used medicinally.

T.

ORDER OF ST. JOHN OF JERUSALEM (3rd S. iii. 8, 39.) — Surely your last correspondent does not

The present Orders are surely only offshoots of the Freemasons' Society, and established for the gratification of personal vanities and display. Should he really mean that there is a legitimate connection by descent, in each case, no doubt your readers would be glad to have the stateW. P.

ments.

"the

I have a roll of the Knights of St. John of the Langue of England, which is very much at the CONSTANT READER's service, although from the mode in which it came into my possession, I entertain considerable doubts as to whether it contains much that is authentic touching present state and position" of the Order. The pages in question were discovered amongst the papers used by a London publishing firm (that of Hardwicke I think) for packing books to forward into the country. From this circumstance, and from the fact of the roll not recording any appointment of later date than 1855, I fear that my proferred gift is of little or no value, and it is more than possible that I am performing a useless act in writing on this subject, unless a final suggestion that the CONSTANT READER should apply formation he requires, be productive of any good to Mr. Hardwicke, 192, Piccadilly, for the ineffect. ST. SWITHIN.

The English langue of this Order, about which A CONSTANT READER inquires, is not part of the Order of Knights Templars, and has not the slightest connection with the Masonic grade styling itself by the same name.

The English langue is an acknowledged branch of the Order of St. John of Jerusalem, which has existed for more than seven centuries; and been settled in the Holy Land, in Rhodes, and in Malta. The head of the Order in England is his Grace the Duke of Manchester, Grand Prior of England, and President of the Capitular Commission. JOHN WOODWARD.

DIMINUTIVE CROSS-LEGGED FIGURES (3rd S. iii. 26.)-I have no very definite information to give respecting this very remarkable class of effigies, though my conviction has long been, that they were probably not connected in any way with the age of the person in whose honour they were taste, or means of the erecter, preferring miniaerected, but simply the result of a fashion, or the ture to full-sized figures.

Walford will be found in the third vol. of the
An interesting paper on the subject, by Mr.
Journal of the Archæological Institute for 1846,
pp. 234, et seq. It specially treats on that at
Horsted Keynes, Sussex. There is also a notice

in vol. iv. of the same publication, p. 155, of the one at Mappowder in Dorsetshire, a cast of which may be seen in the Museum of the Institute, in Suffolk Street.

I may be excused for mentioning that I myself was fortunate enough to be permitted to restore both these monuments at different periods of my life.

Amongst the examples enumerated by Mr. Walford is that of Tenbury, which, however, to be about double the length (4 feet) appears of those I have met with. Mr. Walford justly argues that a knight or a priest, in the garb of which these figures are ordinarily clothed, must needs have been adults. C. W. BINGHAM.

ARCHITECTURAL SOCIETIES (3rd S. iii. 6.) — The earliest I believe to have been the "London Architectural Society" founded in 1806. The members who instituted this body were J. Woods, Jun., President; J. Elmes and Savage, VicePresidents; and Aikin, W. H. Ashpitel, Saml. Beazley, Billing, Birkhead, Bubb, Busby, Cood, H. Elmes, Lowry, Peacock, Perry, Schroder, C. Smith, G. Smith, J. Taylor, J. Wallen. Singularly enough, the last three named are, I believe, the only survivors. The Society published a volume of Essays about 1808, which was very well received at the time, and has now become extremely scarce. Poets' Corner.

A. A.

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"Ethelhelm ealdorman gefeaht with tha Deniscan on Portmid Dorsæton, and se ealdorman wearth of slægen, and tha Daniscan uhton wælstowe geweald."

Æthelhelm, the ealdorman (of Dorsetshire), fought the Danes in Portland, with the posse of his shire, and was slain, and the Danes were masters of the field of battle. H. C. C. IGNEZ DE CASTRO (3rd S. ii. 516.)-E. H. A. may like to know that his Inez, a Tragedy, 8vo, 1796, is by Charles Symmons, D.D. It was reprinted in 1812, in Poems, by Caroline Symmons and Charles Symmons (father and daughter), 8vo, London, by Johnson. In this, alluding to the original publication of Inez, the author says, "the circulation was so restricted that this reprint may be looked upon as its first actual appearance in the world." It was offered to one of the theatres, but the manager, thinking that some passages in it might be supposed to allude to an event on the tapis, it was declined. J. O.

BISHOP KEN (3rd S. iii. 26.) — Some few years ago I possessed a copy of Ken's Manual, of the date 1709, and to the best of my recollection the original text was given in this edition; so that it must have been in some after edition that the text was revised.

The "Three Hymns" first appeared in the sixth edition, 1697, and not, as stated in the note, 1770. DANIEL SEDGWICK.

HOPPESTERES IN CHAUCER (2nd S. iv. 407; x. 227, 523; xi. 39.)—In the Pardoner's Tale, when he is describing the banquetting and riotous living of the young men, he says:

"And right anon comen in tomblesteres, Fetis and smale, and yong foitereres." The glossary to the black-letter folio (1687) explains "tomblesteres as "tumblers, and the last word as vagabonds. If we follow the analogy, we should take "hoppesteres" as hoppers, or persons going on one leg, the other being disabled or in some way rendered useless. The passage would then signify "Then saw I the ships crippled, or disabled," or "in distress," which seems to accord with the context. A. A.

Poets' Corner.

GALLOWAY, CARRICK, AND HAY OF DRUMSBOOT (3rd S. ii. 466.) — Richard Hay, of Drumsboote, printed and published, in 1722, a pamphlet or tract, entitled An Essay on the Origin of the Royal Family of the Stewarts, 4to, which was reprinted at Edinburgh in 1793. He also issued, in 1723, A Vindication of Elizabeth More from the Imputation of being a Concubine, and her Children from the Tache of Basterdy, 4to. This curious tract was reprinted in a volume entitled Scotia Rediviva, 8vo, 1826. Now your correspondent CHEVRON should look into these works, for they may afford him some information as to the Kennedies, &c. S. G. T.

Edinburgh.

HOLYROOD HOUSE (3rd S. ii. 490.) - In the year 1780 there was published a poem, entitled Holyrood House: an Elegy, with an Account of the Riding of the Scots Parliament, and a description of the Regalia of Scotland, in small 4to, with a frontispiece. But the author was understood to be a "James Murray." S. G. T. Edinburgh.

PITCAIRNEY LAWSUIT (3rd S. iii. 27.)- There were during last century two Scotch lawyers of note of the name of Grant. The most eminent of the two was Patrick, who was called to the bar in 1712; raised to the bench of the Court of Session in 1732, under the title of Lord Elchies, and died in 1754. He left a valuable manuscript collection of decisions, which was printed and published in 1813. The other was William, who came to the bar in 1722; became Lord Advocate of Scotland in 1746, and in 1754 succeeded Patrick

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