try, with several regiments of cavalry and dragoons, marched straight to them, and arrived near Preston, before they had the least intelligence of it. They put themselves in a posture of defence, and even repulsed the troops vigorously in their first attacks, so that considering the superiority of Forester, and the few troops Wills bad with him, it is probable the latter would have been, if not defeated, at least obliged to retire; but all of a sudden Forester, and most of the chiefs of his party, losing their presence of mind, offered to capitulate. Gen. Wills conducted the matter so well, that they submitted at discretion, being satisfied with the assurances he gave them, of employing his good offices in their favour. Forester had with him about two thousand men, and Wills not more than one thousand at most.

In the mean while Marr, after having amused himself a long time at Perth, began his march to attempt the passage of the river Tay, above Stirling. Argyll being apprised of it, marched up to him, and they met at Auchterardire. Marr's army might consist of nine or ten thousand men, and that of Argyll of three or four thousand.

Argyll, at first, broke the left of Marr's army, but the latter totally routed the rest of the enemy's forces, of whom he made a considerable slaughter; but he did not pursue them, and suffered Argyll, with his right wing, to retire in good order to Stirling. The next day, instead of availing himself of his advantage, he marched

*Berwick's Memoirs.

back to Perth. From thence he detached the marquises Huntly and Seaforth, with five or six thousand of their vassals, to retake Inverness. But Huntly accepted pardon, and Seaforth retired.

After an interval of two months from the commencement of this rebellion, the Pretender landed at Peterhead, towards the end of December. Instead of an army of 16,000 men, that he expected, he found but 5 or 6000, in the most wretched state. Argyll, notwithstanding the season of the year, advanced; the highlanders retreated; and the Pretender, having witnessed the failure of the attempt, with Marr, and a few others, embarked for France, leaving their wretched followers to shift for themselves.

The Irish parliament offered a reward for the Pretender, and attainted the duke of Ormond; stating to his majesty, that it was with the utmost concern they found that this country gave birth to James Butler, late duke of Ormond; a person who, in despite of his allegiance, and the obligations of repeated oaths, has been one of the chief authors and fomenters of that wicked and unnatural rebellion. They also unanimously voted him guilty of high-treason; his estate to be vested in the crown; and that a reward of ten thousand pounds should be offered for apprehending him, in case he landed in any part of Ireland. So that he, who, in 1704, had been addressed by them with particular marks of love and veneration, on account of his having procured The barrier to the protestant religion, as

the law then passed against the catholics was called, now became the public object of their aversion and contempt. But, indeed, what better could they have expected from a person, who, regardless of public faith, and the articles of the capitulation of Limerick, had procured to be enacted, a penal statute, through which there runs such a vein of ingenious cruelty, that it seems to be dictated rather by some prætor of Dioclesian, than by a British or Irish nobleman? It was a singular circumstance in this duke's fortune, that although in his expedition. on the coast of Spain, his soldiers committed many outrages, and profanations of what was held sacred by the inhabitants; yet, after the bill of attainder had passed against him, he fled for protection to that country, where he had connived at the sacrilegious excesses of his army; and afterwards retired to Avignon, a territory belonging to the first prelate of that church, which he had treated with so much cruelty.

Though the acting rebels were almost all Scottish presbyterians, and none of the catholics in Ireland were known to be any way connected with them, yet such was the government's affected fear, or real hatred, of these catholics, that the penalties for the exercise of their religion were now generally inflicted. Their chapels were shut up; their priests dragged from their hiding places; sometimes from the very altars, in the midst of divine service; hurried into loathsome prisons, and from thence banished for ever from their native country. This persecution was

the obvious, and but the natural effect of a resolution of the commons at this juncture; that it was the indispensable duty of all magistrates, to put the laws in immediate execution against popish priests; and that such of them as neglected to do so, should be looked upon as enemies of the constitution. And although this rebellion of the presbyterians in Scotland was the sole pretence for this severity; and the very same law which banishes popish priests, prohibits also dissenters to accept of, or act by, a commission in the militia or array; yet so partial were the resolutions of that parliament, that, at the same time that they ordered the former to be rigorously prosecuted, they resolved unanimously, that any person, who should commence a prosecution against any of the latter, who had accepted, or should accept of, a commission in the array or militia, was an enemy to king George and the protestant interest. Thus of the only two main objects of the same law, its execution against one of them was judged highly meritorious; but it was deemed equally culpable even to attempt it against the other; though the law itself makes no difference between them. Such was the justice and consistency of our legislators of that period.*

Irish catholics might now assume a title similar to that assumed by the popc. He styles himself the servant of the servants of God; they were the slaves of the slaves of England. The protestant negro drivers of Irish catholics did not, it seems, perceive, that the penal laws against * Hist. Rev. Civil Wars of Ireland.

catholics were also penal against Ireland; and that the infamous acts to prevent the growth of popery, were equally operative to prevent the growth of Ireland's prosperity. Indulging their unchristian hatred of the elder brauch of christianity, and of its professors; and pleased with the exercise of a petty, subordinate tyranny, they appear to have been generally insensible of the chains they wore, in common with their other countrymen. But, in 1719, the English parliament made their slavery evident.

A cause, relative to an estate betwixt Hester Sherlock and Maurice Annesly, was tried before the court of exchequer in Ireland. The latter obtained a decree, which upon appeal was reversed by the lords. From their sentence Annesly appealed to the English peers, by whom the judgment given in his favour by the court of exchequer was confirmed, and an order issued to put him in possession of the disputed estate. Against this illegal determination, Sherlock petitioned the Irish house of lords. The lords proposed to the consideration of the judges, whether, by the laws of the land, an appeal lies from a decree of the court of exchequer in Ireland, to the king in parliament in Great Britain? The judges answered in the negative. The peers then resolved, that they would support their honour, jurisdiction and privileges, by giving the petitioner, Hester Sherlock, effectual relief, pursuant to a former order. Notwithstanding, some time after a petition was presented to the house, by Alexander Burrowes, sheriff of Kildare, setting forth,