to have been pretty generally celebrated in Scotland, without any very violent opposition. The town of Dundee, indeed, which was at the time ruled by a Jacobite magistracy, was forbidden, by tuck of drum, under a penalty of forty pounds

the name of the Rector, Vicar, or Curate of such church or chapel, that shall be so damnified, in trust for applying the damages to be recovered in rebuilding or repairing such church or chapel; and that judgment being given for the plaintiff or plaintiffs in such action, the damages so to be recovered shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, be raised and levied on the inhabitants of such Hundred, and paid to such plaintiff or plaintiffs, in such manner and form, and by such ways and means, as are provided by the statute made in the seven-and-twentieth year of the reign of Queen Elizabeth, for reimbursing the person or persons on whom any money recovered against any Hundred by any party robbed, shall be levied; and in case any such church, chapel, building for religious worship, dwelling-house, barn, stable, or out-house, so damnified, shall be in any City or Town that is either a County of itself, or is not within any Hundred, that then such damages shall, and may be recovered by action, to be brought in manner aforesaid, (wherein no essoign, protection, or wager of law, or any imparlance, shall be allowed,) against two or more inhabitants of such City or Town; and judgment being given for the plaintiff or plaintiffs, in such action, the damages so to be recovered, shall, at the request of such plaintiff or plaintiffs, his or their executors or administrators, made to the Justices of the Peace of such City or Town, at any Quarter Sessions to be holden for the said City or Town, be raised and levied on the inhabitants of such City or Town, and paid to such plaintiff or plaintiffs, in such manner and form, and by such ways and means, as are provided by the said statute, made in the seven-and-twentieth year of the reign of Queen Elizabeth, for reimbursing the person or persons on whom any money, recovered against any Hundred by any party robbed, shall be levied.

"And be it farther enacted by the authority aforesaid, that this Act shall be openly read at every Quarter Sessions, and at every leet or law day.

"Provided always, that no person or persons shall be prosecuted by virtue of this Act, for any offence or offences committed contrary to the same, unless such prosecution be commenced within twelve months after the offence committed.

"And be it farther enacted by the authority aforesaid, that the Sheriffs, and their Deputies, Stewards, and their Deputies, Baillies of Regalities, and their Deputies, Magistrates of Royal Burghs, and all other inferior Judges and Magistrates, and also all high or petty Constables, or other Peace Officers of any County, Stewarty, City, or Town, within that part of Great Britain called Scotland, shall have the same powers and authority for putting this present Act in execution within Scotland, as the Justices of the Peace and other Magistrates aforesaid, respectively, have by virtue of this Act, within and for the other parts of this Kingdom; and that all and every person and persons,

Scots for every individual found disobeying, to make any public demonstrations of joy in honour of the day; but the effect was only to render the loyalty of the well affected more ardent, and its display more imposing. The presbyterians, determined to show their loyalty to their king, and at the same time, yield obedience to their own magistrates, went to Dudhope House, without the precincts of the town, where, in a body, they drank his majesty's health, a health to all his friends, and confusion to his enemies, under discharges of small arms, after which, they returned each to his own habitation, without any disorder, to the no small mortification of the magistrates. The magistrates, however, revenged themselves next day, by celebrating with great pomp the anniversary of the restoration of Charles II.*

For this difference of conduct, on the part of the Scotish and the English Jacobites, various reasons might be assigned. In the first place, the English Jacobites were only tories, the mere slaves of tyranny and superstition; it mattered little to them who was king, if he submitted to them the direction of his measures, and the emoluments of his government. The Scotish Jacobites were, the greater part of them, admiring enthusiasts, willing to do all, or to suffer all, for a man, whose right to their allegiance was laid in the most remote ages, had been sanctified

who shall at any time be convicted of any the offences aforementioned, within that part of Great Britain called Scotland, shall for every such offence incur and suffer the pain of death, and confiscation of moveables. And also that all prosecutions for repairing the damages of any church or chapel, or any building for religious worship, or any dwelling-house, barn, stable, or outhouse, which shall be demolished, or pulled down in whole or in part, within Scotland, by any persons, unlawfully, riotously, or tumultuously assembled, shall and may be recovered by summar action, at the instance of the party aggrieved, his or her heirs, or executors, against the County, Stewarty, City, or Burgh, respectively, where such disorders shall happen, the Magistrates being summoned in the ordinary form, and the several Counties and Stewarties called by edictal citation, at the market cross of the head Burgh of such County or Stewarty respectively, and that in general, without mentioning their names and designations.

"Provided, and it is hereby declared, that this Act shall extend to all places for religious worship in that part of Great Britain called Scotland, which are tolerated by law, and where His Majesty King George, the Prince and Princess of Wales, and their issue, are prayed for in express words."

* Rae's History of the Rebellion, p. 142. Pamphlets of the time, &c.

by the suffrage of many generations, and was now rendered doubly sacred by the misfortunes that had overtaken his house, and the exile and sorrow to which errors and crimes not his own had subjected him. The English Jacobites were abetted by a powerful body in the church, which at this time, foolishly for itself, sanctioned all their absurdities. The Scotish Jacobites had the whole weight of sacerdotal authority against them, with the exception of a few vagabond priests, two or three revenueless bishops, and as many curates, as obscurity or insignificance, had protected from the ruin that had already overtaken their brethren. The Scotish church had distinguished herself all along, for zeal in behalf of the protestant succession, and now, when that succession had been so far secured, and she was in hopes of being rewarded for her constancy, by the redress of those grievances, which, in consequence of that very constancy, she had been made to endure, to have stopped short in her career, would have been, if not a neglect of duty, a miserable want of policy. She was happily, however, not so disposed, and if she had, the kind attentions of his majesty, could scarcely have failed to awaken her to better feelings, and a higher sense of duty; for we find him thus addressing the General Assembly, which met at Edinburgh, on the fourth day of May, 1715, by his commissioner, John earl of Rothes:

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Right Reverend and well beloved, we greet you well. We are so well satisfied with the proofs the church of Scotland have given of their steady adherence to the protestant succession in our family, the loyalty and affection they have shown to our person and government, and their constant zeal for the protestant interest, that we very willingly countenance with our authority, this first assembly of our reign. We cheerfully embrace this opportunity of assuring you, that we will inviolably maintain the presbyterian church of Scotland, her rights and privileges, as we engaged to do, upon our accession to the crown, and will protect her from any illegal insults and encroachments being made upon her, of what kind soever. Nothing can be more acceptable to us, than the promoting of true piety, suppressing of vice and immorality, and preventing the growth of popery, as we have declared in our royal pro

clamation, and we doubt not, but you, on your parts, will do every thing that can contribute thereunto."*

The answer of the assembly to these cheering professions is too long to be inserted here; but the first paragraph is too striking and important to be omitted:-" May it please your majesty-It was with a particular joy and satisfaction, that we received the gracious letter, with which your majesty was pleased to honour us. We esteemed your peaceable accession to the throne of these nations, upon the demise of our late sovereign, queen Anne, so great a blessing, that we were fervent in our prayers to God for it; and we can never be thankful enough, for the merciful return he hath given to our requests, for it is to your majesty under God, we owe the preservation both of our holy religion, and our valuable civil liberties; and we must have been betrayers of both, if we had not been zealously concerned for the succession in your royal family; and though your majesty in your great goodness, is pleased to express a kind resentment of our firm adherence to it, yet we presume not to plead merit upon the account of that, to which both duty and interest did oblige us; but your majesty's countenancing us with your authority, gives us no small comfort, and engageth us to thankful acknowledgments of your royal favour to us, and to be concerned to manage ourselves, so as not to lose the happiness of the good opinion your majesty is pleased to have of us.

"The solemn engagement your majesty did cheerfully come under, at your first accession to the crown, to maintain inviolably the rights and privileges of the presbyterian church of Scotland, of which you have the goodness to give us renewed assurances, as also protecting us against all illegal insults and encroachments being made upon us, of what kind soever, leaves us no place for doubts and fears, as to any success that our enemies may have in their designs against us, under your majesty's happy government, and obligeth us to all the returns of gratitude and duty that we are capable of."+

The assembly proceeded to record his majesty's oath for

* Printed Acts of Assembly, 1715.

+ Address of the General Assembly to his Majesty, 1715.

maintaining the church of Scotland, with the names of all the noblemen and gentlemen, who were witnesses of this his majesty's royal act. At a future sederunt, they passed an "act concerning the grievances of this church, from toleration, patronages," &c. with a memorial on behalf of the church of Scotland, which, unhappily to this day, in all its most material points, remains unattended to.* This assembly also found it necessary to make

* At Edinburgh, May 14th, 1715, Sess. 10.

The committees for instructions and overtures, having had under consideration the grievances this church lies under from patronages, from the toleration as it stands, the hardships imposed upon Scotsmen in office in England and Ireland, and the prejudice done to this church, by the differences that have arisen about the oath of abjuration; and having also considered what the commission of the late General Assembly had done with respect to these, and particularly a memorial which they had drawn about the same, and sent to members of parliament; the committee for overtures gave it as their opinion, that the said memorial did fully express all that was necessary upon these heads; and, therefore, they laid the said memorial before the General Assembly, with an overture as to the management thereof. And which memorial and overture being heard and considered by the General Assembly, they did approve thereof, and agree thereto, and ordained it to be held as the deed and mind of this assembly, as follows:

Memorial for the church of Scotland, by the General Assembly.

The church of Scotland being restored at the happy revolution, was, by the claim of right, and acts of parliament following thereupon, established in its doctrine, worship, discipline, and government; and that this legal constitution and establishment might be unalterably secured, it was declared to be a fundamental and essential condition of the Union, and accordingly ratified in the parliaments of both kingdoms: but the zeal of the established church of Scotland for, and their steady adherence to the protestant succession, did expose them to the resentment of a disaffected party; and likewise they account themselves aggrieved by some acts past in the parliament of Great Britain; as 1mo, by the act granting such a large and almost boundless toleration to those of the episcopal persuasion in Scotland, while the liberty allowed to protestant dissenters in England, who had always given the most satisfying proofs of their undoubted zeal and good affection to the protestant succession, was retrenched; and though the church of Scotland hath an equal security in a legal establishment with that of England, yet there is a vast inequality, as to the toleration of the respective dissenters. In Scotland, the toleration doth not restrain the disseminating the most dangerous errors, by requiring a confession of faith, or subscription to the doctrinal articles of the established church, as is required of dissenters in England; it also weakeneth the discipline of the church against the scandalous and profane, by withdrawing the concurrence of the civil magistrate. It is also an inequality