appointed, and proper signals agreed upon for giving notice to the several guards, that were to be in readiness to march upon the first notice of any tumult or insurrection, within the cities of London and Westminster. These preparations were followed

tent with the internal welfare and security of the countries where the ministers reside.

"Now the number of national Roman catholic priests, who swarm more than ever in this town, was found dangerous to the state, especially at a time of open rebellion in favour of a pretender of the same religion. Their secret plottings against the king's government, whereof his majesty has many indications; their injurious discourses, nay, even their threats, and the daily conversions which they make of his majesty's protestant subjects to the Roman catholic faith, (tho' by these very conversions they are liable to the punishment enacted by the laws against persons guilty of high treason.) All those circumstances together had given so great uneasiness, that it was absolutely necessary to provide a remedy against them.

"The protection, therefore, which his majesty owes to his own subjects, would not allow of his any longer suffering persons of that kind, irreconcileable enemies to his government, to remain in the heart of his dominions.

"As to what you allege, gentlemen, concerning the free exercise of your religion in your own houses, the king does not dispute it; the law of nations authorises you to claim it.

"If the question were only about private chapels for your own families, served by your domestick chaplains, duly qualified, nobody would have any thing to say against it.

"But is that really the point in debate? I appeal to your own selves. "Are not open chapels maintained, under colour of publick protection, with an enormous number of priests out of the houses of the ministers who lend their names to them? Is it for the use of the minister's family, that mass is therein celebrated from morning to night! or rather for the sake of furnishing his majesty's converted subjects with opportunities of being present at it against law?

"Is there any Roman catholick country where such an extension of their privileges is allowed to protestant ministers? Is there any such thing practised at Vienna, at Paris, or at Madrid?

"It is true that this has been winked at in times when the religion of the country was not openly and forcibly attacked.

"It does not however follow, that a natural right is given up, because it is not vigorously exercised.

"I come, in the second place, to the laws of this country, which are appealed to by the Roman catholick ministers in their letter, equally with the law of nations, they quoting therein the act of parliament of the 7th of queen Anne, and I shall very readily allow them that it is as they style it, a solemn and celebrated act, supplying the defect of former laws, and tending

in a day or two by a proclamation for watching the coasts, and, upon the approach of an enemy, directing "that all horses, oxen, and cattle, with all manner of provisions, be as far as possible conveyed inland, so as they may not fall into the hands of the

to prevent, for the future, all offence or violation of the privileges, as well of ambassadors, as of other foreign ministers.'

"But it must be considered, at the same time, that this act, as appears by the whole tenor of it, relates solely to lawsuits, and civil arrests upon account of debts.

"And, accordingly, it was upon occasion of a foreign ambassador's being detained for debts, that it was passed; and it was in that point only that it was found necessary, and intended to supply the defect of the former laws, in as much as there were none before in being upon that subject.

"Would any one infer from thence, that the intention was to authorise foreign ministers to protect state criminals, disturbers of the publick peace, or persons dangerous to society, or suspected by the government upon any account whatsoever?

"Or can it be thought that in supplying the defect of the former laws, it was meant to abolish the most essential and fundamental ones of the country? Amongst these last, there are none held in greater veneration by a protestant people, than those which forbid, under severe penalties, the celebrations of mass by national priests. Of this kind there are several acts of parliament still in full force, passed, repeated, and even enforced at different times since the beginning of the reign of queen Elizabeth. I shall mention one, which does not allow them to celebrate it even in the houses of foreign ministers. It is the act of the 11th and 12th of William the Third: an act not above eight or nine years prior to that above mentioned of queen Anne; it is therein expressly declared, that no subject of the king's, whether natural born or naturalised, may celebrate mass, even in the houses of foreign ministers; and that the names and places of nativity even of the foreign priests, whom they shall make use of, shall be registered in the office of the principal secretary of

state.

"But suppose that this act of queen Anne were as unlimited as it is pretended. The ministers do admit of one exception to what they call their privileges, with regard to tradesmen, and in general to such persons as may become bankrupts; will they not admit of any, when the question is about the public security, and the very existence of the government? The law of nations can certainly never be contrary to that, and can consequently give no title to exclaim against a remedy, which has been necessarily made use of to obviate the dangers justly apprehended from the popish priests; and especially if it be considered that the necessity of applying that remedy was partly owing to the abuse of the indulgence of past times by the protected priests.

"To conclude: the Roman catholic ministers may rely upon the king's protection for their persons, for their families, and for the exercise of their

enemy." At the same time the utmost activity was carried into every department of the navy, and the coast was everywhere guarded in such a manner as that no enemy, but with a very superior force, could possibly approach it with any hope of success. But to enter fully upon these matters would lead us into discussions very remote from Scotish history, to which, having given these very brief notices, as in some measure explaining the seeming inattention on the part of government to the affairs of that country, we most gladly return.

When Charles passed into England, although Scotland was destitute of troops, and was not plentifully supplied with the means of raising them, he lost his hold upon the whole of the south and south-west of that country, nor was his hold upon the north of it any thing like so certain as he imagined. His retainers sent out small parties into the passes on the road to Inverness, who searched, and very generally robbed all passengers, and he

religion in their own houses, according to the law of nations, and according to the usage of all other countries with regard to ministers of a different religion from that which is established in the country where they reside.

"The king does not pretend to subject the foreign ministers to his ordinances; but he has a right to require the obedience of his own subjects to the laws of their country. He has not the power to dispense with it, and we know of no foreign protection that can do it.

"His majesty therefore has reason to expect, that upon this exposition of the reasons and justice of his proceeding in this affair, the Roman catholic ministers will be pleased to discharge from their service every popish priest who is a subject of the king's; and that they will for the future make use of foreign ones only, his majesty not being able to persuade himself, that any foreign powers in alliance or friendship with him, as those are, whom you, gentlemen, have the honour to represent, would insist, under the name of privilege, upon things prejudicial in the highest degree to the government of the country where you reside, on their part, and contrary to its ancient and fundamental laws, upon which the king's proclamation which you complain of was built.

"As to what remains, if it be true that an officer of justice did make use of the expressions imputed to the constable, who is mentioned in your letter, with regard to the house of the Venetian ambassador, you may be assured that his majesty entirely disapproves them, and that the necessary inquiries shall be made, in order to cause such satisfaction to be given to his excellency as shall appear to be due.

"I am," &c. &c.

Scots Magazine for 1745. London Magazine for do. &c. &c.

had a few men at Perth, where the head-quarters of his army in Scotland were fixed; but even here parties were so balanced, that on the thirtieth of October, his majesty's birth-day, about one hundred maltmen, and other trades lads, possessed themselves of the church and steeple, and began to ring the bells, about noon, in honour of the day. Oliphant of Gask, who had been appointed governor of the city by Charles, sent to desire them to desist; but they refused, and continued ringing. Oliphant with his small guard, and a few Jacobite gentlemen, posted themselves during the afternoon in the council house, in order to secure four hundred stand of arms belonging to the Highland army, that were lodged there and in the adjoining tolbooth. Night had no sooner set in, than some other gentlemen in the same interest, from the country, with their servants, joined their friends in the council house. The rabble, in the mean time, kindled bonfires in the street; the loyal party began to illuminate their windows, and the mob proceeded to break every one that wanted this mark of patriotic and loyal feeling. This outrageous behaviour of the mob, provoked a small party from the council house to attempt to disperse them; but they were too few in number-the mob rushed in upon them, disarmed and wounded them. The mob then took possession of the main guard-rung the fire bell in order to raise the town-and Oliphant refusing to yield them up the council house and the arms, hostilities were continued till a late hour in the morning. An officer in the French service was killed in the council house, and three or four wounded. Of the mob, four were wounded, one of whom died shortly after. Sixty of lord Nairn's men were brought into the town next day, and about one hundred and thirty Highlanders, when those chiefly concerned in the riot fled to Stirling.*

The same day, general Blakeney having notice that the rear of the rebels who were bringing the arms south that had been landed at Montrose, were to pass the Forth at Alloa, despatched captain Abercromby from Stirling, with a few soldiers, and a number of countrymen, who attacked them, wounded some, and made a number of prisoners. They also succeeded in car

* Scots Magazine for 1745.

rying off a number of cows, horses, baggage, arms, money, and letters, all which they carried safely into Stirling castle the same night.

Glengyle, chief of the clan Macgregor, who had been appointed governor of Innersnaid, Down, &c. by Charles, having gone with a party into Argyleshire for the purpose of forcing out men, was attacked by three companies of lord Loudon's regiment from Inverary, under the command of their lieutenantcolonel, John Campbell, Esq. and compelled to retreat, with the loss of two men killed, and eighteen taken prisoners.

Public worship was resumed in a number of the churches in Edinburgh, on the third of November-in all of them on the tenth; and happily it was not again interrupted. The presbytery of Edinburgh, and the synod of Lothian and Tweedale, complimented the commanders in the castle, for their vigilance in the late time of danger; and a letter was published from the presbytery of Dornoch, to the earl of Sutherland, thanking his lordship for his early appearance in favour of our happy constitution, and for sending so many of his people to be employed against the rebels.

Previous to the rebels entering the city of Edinburgh, the lord justice clerk, Mr. Dundas, solicitor, and others of his majesty's servants, retired to Berwick; but no sooner had Charles departed, than they prepared to resume their various functions. The lord justice clerk, and some others of the lords of justiciary, returned to the city upon the twelfth of November, accompanied by the earl of Home, and lord Belhaven, high sheriffs of the counties of Berwick and East Lothian, Mr. Alexander Lind, sheriff-depute of Edinburghshire, and a great number of gentlemen belonging to these and to the neighbouring counties. At the cross they were met by a great many persons of distinction, who conducted them to the parliament close, where they alighted, and were saluted by a round of the great guns from the castle, the ringing of bells, and the loud huzzas of a joyous people.

The whole company assembled in the parliament house, when the lord justice clerk spoke as follows: My brethren and I

• Scots Magazine for 1745.