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must be the consequences of such violent | necessary to secure each private person in and unprecedented proceedings, if a timely the full possession of his liberty and property, remedy be not put to them neither is it less manifest, that such a remedy can never be obtained, but by our restoration to the throne of our ancestors, into whose royal hearts such destructive maxims could never find admittance. We think it needless to call to mind how solicitous we have ever been, and how often we have ventured our royal person, to compass this great end, which the Divine Providence seems now to have furnished us with the means of doing effectually, by enabling our good subjects in England to shake off the yoke under which they have likewise felt their share of the common calamities. Our former experience leaves us no room to doubt of the cheerful and hearty concurrence of our Scots subjects on this occasion, towards the perfecting the great and glorious work: but that none may be deterred by the memory of past miscarriages, from returning to their duty, and being restored to the happiness they formerly enjoyed, we, in this public manner, think fit to make known our gracious intentions towards all our people. We do therefore, by this our royal declaration, absolutely and effectually pardon and remit all treasons and other crimes hitherto committed against our royal father, or ourselves: from the benefit of which pardon we except none but such as shall, after the publication hereof, wilfully and maliciously oppose us, or those who shall appear, or endeavour to appear in arms for our service. We further declare that we will, with all convenient speed, call a free parliament; that, by the advice and assistance of such an assembly, we may be enabled to repair the breaches caused by so long an usurpation, to redress all grievances, and to free our people from the unsupportable burden of the malt-tax, and all other hardships and impositions, which have been the consequences of the pretended union; that so the nation may be restored to that honour, liberty, and independence, which it formerly enjoyed. We likewise promise, upon our royal word, to protect, secure, and maintain all our protestant subjects in the free exercise of their religion, and in the full enjoy- to our loving subjects, we do hereby require ment of all their rights, privileges, and immunities, and in the secure possession of all churches, universities, colleges, and schools, conform to the laws of the land. All this we shall be ready to confirm in our first parliament; in which we promise to pass any act or acts that shall be judged

to advance trade, to relieve the poor, and establish the general welfare and tranquillity of the nation: in all such matters we are fully resolved to act always by the advice of our parliaments, and to value none of our titles so much as that of common father of our people, which we shall ever show ourselves to be, by our constant endeavours to promote the quiet and happiness of all our subjects. And we shall be particularly solicitous to settle, encourage, and maintain the fisnery and linen manufactory of the nation, which we are sensible may be of such advantage to it, and which we hope are works reserved for us to accomplish. As for those who shall appear more signally zealous for the recovery of our just rights, and the prosperity of their country, we shall take effectual care to reward them according to their respective degrees and merits. And we particularly promise, as aforesaid, our full, free, and general pardon to all officers, soldiers, and sailors, now engaged in the service of the usurper, whether of the sea or land, provided that, upon the publication hereof, and before they engage in any fight or battle against our forces, they quit the said unjust and unwarrantable service, and return to their duty: in which case we shall pay them all the arrears that shall be at that time due to them from the usurper; we shall grant to the officers the same commission they shall then bear, if not higher; and to all soldiers and sailors a gratification of a whole year's pay, for their forwardness in promoting our service. We further promise and declare, that the vassals of such as shall, without regard to our present declaration, obstinately persist in their rebellion, and thereby forfeit all pretensions to our royal clemency, shall be delivered from all servitude they were formerly bound to, and shall have grants and charters of their lands to be held immediately of the crown, provided they, upon the publication of this our royal declaration, declare openly for us, and join heartily in the cause of their country. And having declared our gracious intentions

and command them to be assisting to us in the recovery of our rights, and of their own liberties: and that all our subjects, from the ages of sixteen to sixty, do, upon the setting up of our royal standard, immediately repair to it, or join themselves to such as shall first appear for us in their

mission to be as firm and valid to all intents and purposes as if it had passed our great seals, and as if it were according to the usual style and forms. Given under our sign-manual and privy-signet, at our court at Rome, the 23rd day of December, 1743, in the forty-third year of our reign.-J. R."

respective shires; and also to seize the ties, and other omissions, that may be horses and arms of all suspected persons, herein contained; declaring this our comand all ammunition, forage, and whatever else may be necessary for the use of our forces. We also strictly command all receivers, collectors, or other persons, who may be seised of any sum or sums of money levied in the name or for the use of the usurper, to retain such sum or sums of money in their own hands, till they can pay them to some person of distinction appearing publicly for us, and demanding the same for our use and service; whose receipt or receipts shall be a sufficient discharge for all such collectors, receivers, or other persons, their heirs, &c. Lastly, we do hereby require all sheriffs of shires, stewarts of stewartries, and their respective deputies, magistrates of royal boroughs, and bailies of regalities, and all others to whom it may belong, to publish this our declaration at the market-crosses of their respective towns and boroughs, and there to proclaim us, under the penalty of being proceeded against according to law, for their neglect of so necessary and important a duty. Given at our court at Rome, the 23rd day of December, 1743, in the forty-third year of our reign.-J. R.”

The commission of regency ran as follows:-" JAMES, R.-Whereas we have a near prospect of being restored to the throne of our ancestors, by the good inclinations of our subjects towards us; and whereas, on account of the present situation of this country, it will be absolutely impossible for us to be in person at the first setting up of our royal standard, and even some time after we therefore esteem it for our service, and the good of our kingdoms and dominions, to nominate and appoint, as we hereby nominate, constitute, and appoint our dearest son Charles, prince of Wales, to be sole regent of our kingdoms of England, Scotland, and Ireland, and of all our other dominions, during our absence. It is our will and intention, that our said dearest son should enjoy and exercise all that power and authority, which, according to the ancient constitution of our kingdoms, has been enjoyed and exercised by former regents. Requiring all our faithful subjects to give all due submission and obedience to our regent aforesaid, as immediately representing our royal person, and acting by our authority. And we do hereby revoke all commissions of regency, granted to any person or persons whatsoever. And, lastly, we hereby dispense with all formali

The following was the manifesto of the prince, which followed the publication of the other two:-" CHARLES, P. R.-By virtue and authority of the above commission of regency, granted unto us by the king our royal father, we are now come to execute his majesty's will and pleasure, by setting up his royal standard, and asserting his undoubted right to the throne of his ances tors. We do, therefore, in his majesty's name, and pursuant to the tenor of his several declarations, hereby grant a free, full, and general pardon for all treasons, rebellions, and offences whatsoever, committed at any time before the publication hereof, against our royal grandfather, his present majesty, and ourselves. To the benefit of this pardon we shall deem justly entitled all such of his majesty's subjects as shall testify their willingness to accept of it, either by joining our forces with all convenient diligence; by setting up his royal standard in other places; by repairing for our service to any place where it shall be so set up; or, at least, by openly renouncing all pretended allegiance to the usurper, and all obedience to his orders, or to those of any person or persons commissioned or employed by him, or acting avowedly for him. As for those who shall appear more signally zealous for the recovery of his majesty's just rights, and the prosperity of their country, we shall take effectual care to have them rewarded according to their respective degrees and merits. And we particularly promise, as aforesaid, a full, free, and general pardon to all officers, soldiers, and sailors now engaged in the service of th. usurper, provided that, upon the publication hereof, and before they engage in any fight or battle against his majesty's forces, they quit the said unjust and unwarrantable service, and return to their duty, since they cannot but be sensible that no engagements entered into with a foreign usurper, can dispense with the allegiance they owe to their natural sovereign. And, as a further encouragement to them to comply with their duty

and our commands, we promise to every such officer the same, or a higher post in our service, than that which at present he enjoys, with full payment of whatever arrears may be due to him at the time of his declaring for us and to every soldier, trooper, and dragoon, who shall join us, as well as to every seaman and mariner of the fleet who shall declare for, and serve us, all their arrears, and a whole year's pay to be given to each of them as a gratuity as soon as ever the kingdoms shall be in a state of tranquillity. We do hereby further promise and declare, in his majesty's name, and by virtue of the above said commission, that as soon as ever that happy state is obtained, he will, by and with the advice of a free parliament, wherein no corruption nor undue influence whatsoever shall be used to bias the votes of the electors or the elected, settle, confirm, and secure all the rights, ecclesiastical and civil, of each of his respective kingdoms; his majesty being fully resolved to maintain the church of England as by law established, and likewise the protestant churches of Scotland and Ireland, conformable to the laws of each respective kingdom, together with a toleration to all protestant dissenters, he being utterly averse to all persecution and oppression whatsoever, particularly on account of conscience and religion. And we ourselves being perfectly convinced of the reasonableness and equity of the same principles, do, in consequence hereof, further promise and declare, that all his majesty's subjects shall be by him and us maintained in the full enjoyment and possession of all their rights, privileges, and immunities, and especially of all churches, universities, colleges, and schools, conformable to the laws of the land, which shall ever be the unalterable rule of his majesty's government and our own actions. And that this our undertaking may be accompanied with as little present inconvenience as possible to the king's subjects, we do hereby authorise and require all civil officers and magistrates now in place and office, to continue, till further orders, to execute their respective employments, in our name, and by our authority, as far as may be requisite for the maintenance of common justice, order, and quiet willing, and requiring them at the same time, to give strict obedience to such

orders and directions as may from time to time be issued out by us, or those who shall be vested with any share of our authority and power. We also command and require all officers of the revenue, customs, and excise, all tax-gatherers of what denomination soever, and all others who may have any part of the public money in their hands, to deliver it immediately to some principal commander authorised by us, and take, his receipt for the same, which shall be to them a sufficient discharge; and in case of refusal, we authorise and charge all such our commanders to exact the same for our use, and to be accountable for it to us or our officers for that purpose appointed. And having thus sincerely, and in the presence of Almighty God, declared the true sentiments and intentions of the king our royal father, as well as our own in this expedition, we do hereby require and command all his loving subjects to be assisting to us in the recovery of his just rights and of their own liberties: and that all such, from the ages of sixteen to sixty, do forthwith repair to his majesty's royal standard, or join themselves to such as shall first appear in their respective shires for his service: and also, to seize the horses and arms of all suspected persons, and all ammunition, forage, and whatever else may be necessary for the use of our forces. Lastly, we do hereby require all mayors, sheriffs, and other magistrates, of what denomination soever, their respective deputies, and all others to whom it may belong, to publish this our declaration at the marketcrosses of their respective cities, towns, and boroughs, and there to proclaim his majesty, under the penalty of being proceeded against according to law, for the neglect of so necessary and important a duty: for, as we have hereby graciously and sincerely offered a free and general pardon for all that is past, so we, at the same time, seriously warn all his majesty's subjects, that we shall leave to the rigour of the law all those who shall from henceforth oppose us, or wilfully and deliberately do or concur in any act or acts, civil or military, to the let or detriment of us, our cause, or title, or to the destruction, prejudice, or annoyance of those who shall, according to their duty and our intentions thus publicly signified, declare and act for us. Given at Paris, the 16th of May, 1745.-C. P. R."

535

CHAPTER VIII.

THE YOUNG PRETENDER AT EDINBURGH; BATTLE OF PRESTON-PANS; RESOLUTION TO MARCH INTO

ENGLAND.

THE regency left to govern in England- are the clans still properly jacobite, and for the king was on the continent-appear to have been taken by surprise by this expedition. They had received uncertain information that the pretended prince of Wales was on his way for Scotland, which led to the publication, early in August, of a proclamation offering the sum of thirty thousand pounds for his apprehension; but they seem not to have suspected that the two vessels with which the Lion had engaged were any portion of his armament. The first authentic and clear information of the landing of the pretender which reached the government, was received by Duncan Forbes, from the chief of the Macleods, to whom the young chief of Clanronald had been sent by prince Charles, but who, partly influenced by Forbes, remained steady in his allegiance to the existing government. Forbes at once communicated it to general sir John Cope, who then commanded the forces in Scotland. These forces were, unfortunately very small, for the defence of Scotland had always been neglected in a very extraordinary degree, while the act for disarming the highlanders, had been effected only among the loyal clans, and taken it out of their power to be useful in resisting the rebellion at its outset. In this respect, the position of the north is well described in a letter from the lord justice-clerk Milton, written on the 15th of September, to the marquis of Tweeddale, then secretary of state for Scotland. "Scotland," he says, "may be divided into two parts; the one disarmed, and the other unarmed. By the former I mean the highlands; and by the latter the lowlands. The former produces as good militia perhaps as any in Europe; the latter are neighbourlike, but little accustomed to the use of arms till they are employed in a military manner. The highlands, again, may be divided into three classes; first, what I shall call the whig clans, which have always bore that character since the names of whig or jacobite were known among us; of this sort, your lordship and every one acquainted with this country knows, that the chief are the Campbells, Grants, Monroes, Mackays, and Sutherlands. The second class

who at this moment are giving proof of it— the Camerons, the Macdonalds of Keppoch, Clanronald, and Glengarry-none of their chiefs reckoned great princes in the highlands. The third class are the clans which were engaged in the last rebellion, but their chiefs now profess and practise obedience to the government. Of these the most powerful are the duke of Gordon, Seaforth, sir Alexander Macdonald, and Macleod of Macleod. The behaviour of the two last has been most exemplary and meritorious on this occasion. By an act of the first of the late king, intituled, 'For the more effectually securing the peace of the highlands,' the whole highlands, without distinction, were disarmed, and for ever forbid to use or bear arms, under penalties. This act has been found by experience to work the quite contrary effect from what was intended by it; and in reality it proves a measure for more effectually disturbing the peace of the highlands, and of the rest of the kingdom. For, at the time appointed by the disarming act, all the dutiful and well-affected clans truly submitted to the act of parliament and gave up their arms, so that they are now completely disarmed; but the disaffected clans either concealed their arms at first, or have provided themselves since with other arms. The fatal effects of this dif ference, at the time of a rebellious insurrection, must be very obvious, and are by us in this country felt at this hour; I pray God they may be felt no farther south. By that disarming act, as it stands, there is still room left for arming occasionally even the highlands, or prohibited counties; and the method reserved or excepted from the prohibition is, when by his majesty's order, and out of his arsenal, the people are called out and armed by the lords-lieutenant of counties; then they may lawfully wear and use such arms, during such number of days or space of time as shall be expressed in his majesty's order." In fact, it cannot be doubted, that the effect of the act and of the extreme and unaccountable neglect of the government in not sending arms and orders for their distribution, left the loyal

subjects in Scotland at the mercy of the rebels, protected only by a very small number of regular troops, under a commander who, whatever might be his courage, possessed very little capacity; and, which was still more strange, this small force was ordered to the north to be wearied by long and useless marches, while the rebels took possession of the lowlands without resistance. It was suggested by Cope and others at Edinburgh, who were but imperfectly informed of the real state of things, that the best course was to march immediately into the disaffected districts and stop the progress of the insurrection before it became formidable, and accordingly the marquis of Tweeddale sent down absolute orders to the general to proceed immediately with the troops under his command to Fort Augustus, in the heart of the highlands. Cope proceeded to put himself at the head of his troops, which were assembled at Stirling, on the 19th of August, the same day on which the pretender had raised his standard in the vale of Glenfinnan.

Prince Charles passed that night in Glenfinnan, where he was joined by a few of the Macleods, who had taken up arms in his cause in spite of the contrary orders of their chief. Well aware of the defenceless state of the country, his friends decided on proceeding at once to the south, and they began their march the next morning. At the house of Lochiel, they were joined by Macdonald of Glencoe, with a hundred and fifty men; by Stuart of Appin, with two hundred; and by the younger Glengarry, with two hundred more; which raised his force to fifteen or sixteen hundred men. With this force, the young pretender acted as if he were already in possession of the kingdom of Great Britain. It was here, too, that he first received a copy of the proclamation setting a price upon his head, and he replied to it with the following counter-proclamation, which was at the best but a futile threat from one whose whole force and power consisted of a few highlanders in the recesses of the wild

tence of bringing us to justice, like our royal ancestor king Charles I., of blessed memory, there is a reward of thirty thousand pounds sterling, promised to those who shall deliver us into the hands of our enemies: we could not but be moved with a just indignation at so insolent an attempt. And though from our nature and principles we abhor and detest a practice so unusual among Christian princes, we cannot but out of a just regard to the dignity of our person, promise the like reward of thirty thousand pounds sterling, to him or those who shall seize and secure, till our further orders, the person of the elector of Hanover, whether landed, or attempting to land, in any part of his majesty's dominions. Should any fatal accident happen from hence, let the blame lie entirely at the door of those who first set the infamous example.-CHARLES, P. R.

"Given in our camp, at Kinlocheill, August the 22nd, 1745. By his highness's command.-Jo. MURRAY."

Although general Cope had collected all the men he could, his whole force consisted of hardly fifteen hundred foot and the two regiments of dragoons of colonel Gardiner and colonel Hamilton, with a train of artillery consisting of four small field-pieces and four cohorns; but he had no artillerymen, and all his soldiers were either raw recruits or men who had never seen service. His means of transport were so extremely limited, that he was obliged to march with the infantry in two divisions, and he found it advisable to leave the dragoons behind him at Stirling. The first division proceeded on the 20th to Crieff, where Cope expected to be joined by the well-affected highlanders in considerable numbers, and he had carried with him a thousand stand of arms for them; but all who arrived were fifteen of the duke of Athol's men and a promise from the lord Glenorchy to send five hundred men in three days. Under these circumstances, the general sent seven hundred of the arms back to Stirling, and he seems at this time to have been convinced of the impolicy of a movement which he proceeded with only in obedience to the positive orders he had received from "Charles Prince of Wales, &c., Regent of court. He was obliged to remain at Crieff the Kingdoms of Scotland, England, till the 22nd, waiting the arriva of the France, and Ireland, and the dominions second division of his little army, and supthereunto belonging.

mountains of the north :-
:-

"Whereas we have seen a certain scandalous and malicious paper, published in the style and form of a proclamation, bearing date the 1st instant, wherein, under pre

plies of provisions. He then proceeded to Dalnacardoch, but his progress was impeded by a variety of causes, and he lost many of his baggage-horses and stores through the disaffection of the drivers. At Tay-bridge

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