Second, entitled, An Act for the Uniformity of the Public Prayers and Administration of Sacraments, and other Rites and Ceremonies, and for establishing the form of making, ordaining, and consecrating Bishops, Priests and Deacons in the Church of England, (other than such clauses in the said Acts, or either of them, as have been repealed or altered by any subsequent Act or Acts of Parliament,) and all and singular other Acts of Parliament now in force for the establishment and preservation of the church of England, and the doctrine, worship, discipline, and government thereof, shall remain and be in full force for ever.

VIII. (Providing that the Queen's successors are to take an oath to maintain the settlement of the Church of England.)

IX. (Providing that this Act is to be an essential part of any treaty between the kingdoms.)

X. (Providing that the Articles of Union, and the Act for the establishment of the Presbyterian Church Government, be ratified and confirmed.)

XI. (Declaring the Acts for settling the Church Governments in both kingdoms essential parts of the Union.)

XII. And whereas since the passing the said Act in the Parliament of Scotland, for ratifying the said articles of Union, one other Act, entitled, An Act settling the Manner of electing the Sixteen Peers, and Forty-five Members, to represent Scotland in the Parliament of Great Britain, hath likewise passed in the said Parliament of Scotland at Edinburgh, the fifth day of February, one thousand seven hundred and seven, the tenor whereof follows:

Our sovereign lady considering, That by the twenty-second articles of the treaty of Union, as the same is ratified by an Act passed in this session of Parliament, upon the sixteenth of January last, it is provided, That by virtue of the said treaty, of the Peers of Scotland, at the time of the Union, sixteen shall be of the number to sit and vote in the House of Lords, and forty-five the number of the representatives of Scotland in the House of Commons of the Parliament of Great Britain; and that the said sixteen peers, and fortyfive members in the House of Commons, be named and chosen in such manner as by a subsequent Act in this present session of the Parliament in Scotland, should be settled; which Act is thereby declared to be as valid, as if it were a part of, and engrossed in the said treaty: Therefore her Majesty, with the advice and consent of the estates of Par

liament, statutes, enacts and ordains, That the said sixteen peers, who shall have right to sit in the House of Peers in the Parliament of Great Britain, on the part of Scotland, by virtue of this treaty, shall be named by the said peers of Scotland, whom they represent, their heirs or successors to their dignities and honours, out of their own number, and that by open election and plurality of voices of the peers present, and of the proxies for such as shall be absent, the said proxies being peers, and producing a mandate in writing duly signed before witnesses, and both the constituent and proxy being qualified according to law; declaring also, That such peers as are absent, being qualified as aforesaid, may send to all such meetings lists of the peers whom they judge fittest, validly signed by the said absent peers, which shall be reckoned in the same manner as if the parties had been present, and given in the said list; and in case of the death, or legal incapacity of any of the sixteen peers, that the aforesaid peers of Scotland shall nominate another of their own number, in place of the said peer or peers, in manner before and after-mentioned: And that of the said forty-five representatives of Scotland in the House of Commons in the Parliament of Great Britain, thirty shall be chosen by the shires or steuartries, and fifteen by the royal boroughs, as follows: (The remainder of the Article provides for the methods of election, legal capacities, oaths to be administered to, etc., of those elected to the House of Commons.)

XIII. As by the said Act passed in Scotland, for settling the manner of electing the sixteen peers, and forty-five members, to represent Scotland in the Parliament of Great Britain, may appear; Be it therefore further enacted and declared by the authority aforesaid, That the said last-mentioned Act passed in Scotland for settling the manner of electing the sixteen peers, and forty-five members, to represent Scotland in the Parliament of Great Britain, as aforesaid, shall be, and the same is hereby declared to be as valid as if the same had been part of, and engrossed in the said articles of Union ratified and approved by the said Act of Parliament of Scotland, and by this Act, as aforesaid.

(Evans' Collection of Statutes, ed. Hammond & Granger, Lond., 1836, VIII, 446.)

CHAPTER XXVI

THE JACOBITE REBELLIONS

195. The Proclamation of James III.
(1715)

Clarke

The first Jacobite Rebellion, which was doomed to end in a complete fiasco, was hardly imposing in its beginnings. The account given by PETER CLARKE of the reading of the Pretender's proclamation at Kendall reads like the description of the rehearsal of a comedy, rather than a serious uprising. Yet the play turned out to be a tragedy for many, although from the inception it was a hopeless undertaking.

Sir, — On Wednesday the second day of November one thousand seaven hundred and fifteen, the then high sherriff of Cumberland assembled the posse comitatus on Penrith Fell, Viscount Loynsdale being there as commanded of the malitia of Westmoreland, Cumberland, and Northumberland, who were assembled at the place aforesaid for prevention of rebelion and riots. The Lord Bishop of Carlisle and his daughter were there. By the strictest observation the numbers were twenty-five thousand men, but very few of them had any regular armes.

At II o'clock in the afternoon of the same day the high sherriff and the two lords received a true account that the Earl of Derwentwater, together with his army, were within 6 miles of Penrith. Vpon receipt of this news the said high sherriff and the said 2 lords, the posse comitatus and the malitia fled, leaving most of their armes vpon the said fell.

There is no doubt had the men stood their ground the said Earl and his men (as it hath since beene acknowledged by diverse of them) wood have retreated. About 3 aclock in the afternoon of the same day the said Earl, together with his army in number about one thousand seaven hundred, entred the said towne of Penrith, where they proclaimed their king by the name and title of James the 3d of England and Ireland, and 8th of Scotland. In this towne they received

what excise was due to the crowne and gave receipts for the same. A small party were sent to Lowther Hall to search for Lord Loynsdale, but not finding him there (for he was gone into Yorkshire), they made bold to take provision for themselves and their horses, such as the Hall aforded. There were only at that time two old woomen in the said Hall who received no bodily damage. But provision being scarce in the said towne, Penrith, they marched betimes next morning for Apleby. The gentlemen paid their quarters of for what they called for in both these townes, but the commonality paid little or nothing, neither was there any person that received any bodily damage in either of the said townes. If they found any armes they tooke them without paying the owners for them. Only one man joyned them in their march from Penrith to Apleby. In this towne they made the same proclamation as they had done in the former, and received the excise. The weather at this time for some days before was rainey. They marched out of this towne betimes on Saturday morning, being the 5th of November, in order for Kendall. In this days march none joyned them (excepting one, Mr. Francis Thornburrow) son of Mr. William Thornburrow of Selfet Hall neare Kendall. His father sent one of his servant men to wait vpon his son because he was in scarlet cloathes, and stile of Captain Thornburrow.

About 12 a'clock of the same day 6 quartermasters came into the towne of Kendall, and about 2 aclock in the afternoone Brigadeer Mackintoss and his men came both a horseback, having both plads on their targets hanging on their backs, either of them a sord by his side, as also either a gun and a case of pistols. The said Brigadeere looked with a grim countenance. He and his men lodged at Alderman Lowrys, a private house in Highgate Street in this towne. About one houre after came in the horsemen, and the footmen at the latter end. It rained very hard here this day, and had for several days before, so that the horse and the footmen did not draw their swords, nor shew their colours, neither did any drums beat. Onely six highlands bagpipes played. They marched to the cold-stone or the cross, and read the same proclamation twice over in English, and the reader of it spocke very good English without any mixture of Scotish tongue. I had for about one month lived and was clerke to Mr. Craikenthorp, attorney at Law, and as a spectator I went to heare the proclamation read, which I believe was in print, and began after this manner, vizt., Whereas

George Elector of Brunswick has vpsurped and taken vpon him the stile of the king of these realms, etc. Another clause in it I took particular notice of which was this, vizt., Did imedietly after his said fathers decease become our only and lawful leige. At the end of the proclamation they gave a great shout. A quaker who stood next to me not puting of his hat at the end of the said ceremony, a highlander thurst a halbert at him, but it fortunatly went between me and him, so that it did neither of vs any damage. So they dispersed.

(Peter Clarke's Journal, 1715. From Miscellany of the Scottish History Society ed. I, p. 513.)

196. Landing of the Young Pretender

(1745)

Duncan Cameron

The following account is taken from The Lyon in Mourning, a collection of journals, narratives, etc., of the second Jacobite invasion. This collection was made by the Rev. Robert Forbes, M.A., Bishop of Ross and Caithness. He was an ardent supporter of the Jacobite cause, and indefatigable in the acquisition of facts pertaining thereto. The original title-page of the manuscript from which the published work was edited, reads as follows: "The Lyon in Mourning; or, A Collection (as made as exactly as the Iniquity of the Times would permit) of Speeches, Letters, Journals, &c., relative to the Affairs, but more particularly to the Dangers and Distresses of...

Journal of the Prince's imbarkation and arrival, etc., the greatest part of which was taken from Duncan Cameron at several different conversations I had with him.

At Nantes the Prince and his few attendants waited about fifteen days before the Elizabeth ship of war came, which was to be their convoy in the expedition. To cover the design the better, Sir Thomas Sheridan passed for the father, and the Prince for the son, for none knew the Prince to be in company but the seven, some few others, and Mr. Welch (an Irishman, a very rich merchant in Nantes), who was to command the frigate of sixteen guns, on board of which the Prince and the few faithful friends with the servants were to imbark.

After the Prince was on board he dispatched letters to his father, and the King of France, and the King of Spain, advising them of his design, and no doubt desiring assist

ance....

Two or three hours before landing, an eagle came hover