is certain; but we have no doubt, that, like almost every reduplication of office among churchmen since, the whole was a political job, calculated to ensure the grateful constancy of Mr. Carstares, and to bring him more fully into contact with his brethren, whose zeal he was expected to regulate according to the thermometer of the court, and whose public measures he was now to direct in that limited circle which the state had marked out.

In private life his character appears to have been in the highest degree amiable. He was certainly pious, thoughfrom having breathed so long the atmosphere of a court, and been so long and so deeply involved in matters merely political-in a moderate degree. His humanity was exemplary, and his charity often far beyond what his limited means could justify. That he possessed great firmness of nerve, is evident from the appearance he made in the thumbikins before the Scotish council, in the case of Jerviswood. temper was at the same time sweet and placid; and, from the manner in which he submitted to the perpetually renewed importunities of the irritable, envious, inconstant, and venal herd of politicians, who at that time were struggling to obtain the rule and the emoluments of their unhappy country, his patience must have been without bounds.*

His

But, to return to our history, though the good disposition of the Scotish church was greatly against the progress of the Jacobite preparations, they were still carrying them forward with considerable vigour, and sometimes almost openly; and there was upon their side such an array of papists and high church protestants, that concealment seemed to be no longer thought necessary. Throughout the south of Scotland horses, saddles, shoes, &c. &c. evidently intended for the equipment of cavalry, were purchased at high prices, in great number and in large quantity, while the chieftains in the Highlands were importing arms with so little precaution that three boxes of them fell into the hands of the magistrates of Glasgow, through the vigilance of the lord provost. A quantity of

* State Papers, and Letters addressed to William Carstares, &c. &c.

arms also, about the same time, fell into the hands of Sir Robert Pollock, governor of Inverlochy.

While the Jacobites were thus organizing the enemies. of the public peace in Scotland, and the rabble of high churchmen spreading anarchy and confusion over England, their agents were straining every nerve to arouse and to invigorate the enemies of the nation abroad. Their success, however, was not by any means equal to what they had anticipated. The earl of Stair was now ambassador at the court of France, and his great abilities were at this time of singular service to his country. Louis XIV. was now in his dotage, the heir apparent was a minor, and the duke of Orleans the principal object of adulation at the French court. With Orleans, Stair lived in close intimacy, and somehow contrived to find out every movement that was made on the part of James among that people, accounts of which he failed not to transmit to his own government, as well as to remonstrate with theirs against whatever appeared to threaten an infringement of existing treaties.* Nor did all the rioting and plotting at home produce the effects expected from them. Both houses of parliament, far from being intimidated by these ebulitions of popular frenzy, proceeded with their deliberations in the most determinate manner, censuring or impeaching all who had been active in promoting the measures followed in the latter part of the queen's reign. While they were deeply engaged in this business, and had just passed the act which put an end to the system of outrage which had been the disgrace and the plague of the kingdom for such a length of time, on the twentieth of July, his majesty informed both houses of parliament, that he had certain information, that the chevalier, aided and encouraged by a restless faction in this country, was actively employed in preparations for invading it from abroad; "and in these circumstances thinks it proper to ask their assistance, and makes no doubt, but they will so far consult their own security, as not to leave the nation under a rebellion actually begun at home, and

• Smollet's History of England.

threatened by an invasion from abroad, in a defenceless condition."

Both houses returned grateful thanks for his majesty's gracious communication, and assured him "that they would with their lives and fortunes stand by, and assist his majesty in defence and support of his sacred person and undoubted right and title to the crown, in defiance of all his open and secret enemies." At the same time they requested his majesty to issue, immediately, orders for fitting out such a number of ships as might effectually guard the coasts, and commissions for augmenting the land forces to whatever extent might be thought necessary for the general safety; and they assured his majesty, that they would without loss of time make ample provision for the maintenance of these forces both by land and sea.

A bill was the day following introduced into the house of commons, suspending the habeas corpus act in England, and an act of the Scotish parliament, 1701, entitled An act for preventing wrongous imprisonment, and against undue delays in trials, in as far as regarded treason, or suspicion of treason, till the twenty-fourth of January next. The same act empowered any lieutenant, or deputy lieutenant, or other magistrate, to seize upon all horses of five pounds value and upwards, found in the possession of persons whom they might judge dangerous to the peace of the kingdom, and to detain them for the space of six weeks. This bill was read twice the day it was introduced, a third time on the morrow, sent to the lords and passed there, and on the following day became a law, by having received the royal assent.+

A bill was at the same time brought into the house for encouraging loyalty in Scotland, but it did not become a law till the end of August, when the rebellion in that kingdom had been actually organized under the earl of Marr. This bill also contained a clause authorizing the calling in suspected persons, to appear at Edinburgh, or wherever it might be thought expedient, and compelling them to find security for their good behaviour. The following are specimens of the enactments of

Rae's History of the Rebellion, p 169.

+ Ibid. p. 170.

this bill:-" If any of his majesty's subjects of Great Britain, having lands or tenements in Scotland, in property or superiority, has been or shall be guilty of high treason, by keeping correspondence with the pretender, in person, or by letters, messages, or otherwise, or with any person, or persons they know to be employed by him; or by adhering to or giving him any aid or comfort, in this realm or elsewhere, every such offender, who shall be thereof duly convict and attainted, shall be liable to the pains, penalties, and forfeitures, for high treason. And that all and every vassal or vassals in Scotland, who shall continue peaceable, and in dutiful allegiance to his majesty, his heirs and successors, holding lands or tenements of any such offender, who holds such lands or tenements immediately of the crown, shall be invested and seized, and are thereby enacted and ordained to hold the said lands or tenements of his majesty, his heirs and successors, in fee and heritage for ever, by such manner of holding as any such offender held such lands or tenements of the crown, at the time of the attainder of such offender. And that if any of these lands lye within any regality or constabulary in Scotland, they are thereby dissolved therefrom.

"And in like manner, all and every tenant, or tenants in Scotland, who shall continue peaceable, and in dutiful allegiance to his majesty, his heirs and successors aforesaid, bruiking and occupying any lands, mills, mines, woods, fishings, or tenements, as tenant or tenants, tacksman or tacksmen, from and under any such offender, shall, and are thereby ordained, to bruik and occupy all and every such lands, mines, mills, woods, fishings, and tenements, for the space of two years' crops, to be accounted from and after such attainder, freely, without payment of any rent, duty, or service, for the said two years or crops, &c. &c.

"And whereas there is reason to believe, that several persons, intending to commit high treason, or treasons, as aforesaid, have made tailzies, entails, and settlements of their estates, in favours of their children, or other heirs of tailzie, onconveyances, securities, or alienations, with a fraudulent intent to avoid the punishment of the law, due to the offences above mentioned: it is, therefore, enacted, that all tailzies, entails,

settlements, and conveyances, in favour of the granter's children, or other heirs of tailzie, or trust, securities, or alienations of any estates or inheritances made in Scotland, in the name of whatsoever person, or persons, since the first day of August, 1714, or that shall be made there in any time coming, by any person, or persons, who shall be convicted and attainted of any such high treason, or treasons aforesaid, shall be, and they are hereby declared void and null to all intents and purposes; excepting such deeds, securities, and alienations, as have been made since the time aforesaid, or shall be made in time coming, for just and onerous causes, the said onerous cause being always otherwise instructed than by the writings themselves."* This bill was very beneficial, not only for the government, but for many individuals, who, being taken up under its authority, saved not only their estates, but their lives, as we shall see in the sequel.

On the twenty-second of July, the fleet was ordered to rendezvous in the Downs, under Sir George Byng. General Earl, governor of Portsmouth, had a re-enforcement of two battalions sent him at the same time, a report having reached government of a design to surprise that important station. The household troops, three regiments of foot guards, and four troops of horse guards, were encamped in Hyde Park, under the directions of general Cadogan, the militia of Westminster ordered out, and the trainbands mustered, for the purpose of suppressing the riots, which had become so general and so alarming, and to take an account of all papists, reputed papists, and nonjurors, together with such strangers as could not give a satisfying account of themselves.

Fourteen officers of the guards, suspected of being in the interest of the pretender, were at this time dismissed, and their places filled up by others of more loyal character. Commissions were also issued, in compliance with addresses from both houses of parliament, for raising eight regiments of foot, and thirteen of dragoons, all of which, were levied almost upon the instant. A sum of money suitable for the maintenance of the whole, was granted by the parliament for one

• Rae's History of the Rebellion, pp. 208-210.