In Scotland, the friends of the chevalier were equally zealous as in England, but they conducted themselves more closely, and more systematically. Arms and ammunition they were carefully providing, and by all possible means augmenting the assembled, and by the authority of the same, that if any persons, to the number of twelve or more, being unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, at any time after the last day of July, in the year of our Lord one thousand seven hundred and fifteen, and being required or commanded by any one or more Justice or Justices of the Peace, or by the Sheriff of the county, or his under Sheriff, or by the Mayor, Bailiff, or Bailiffs, or other head Officer, or Justice of the Peace of any City, or Town corporate, where such assembly shall be, by Proclamation, to be made in the King's name, in the form herein after directed, to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, shall, to the number of twelve or more, (notwithstanding such proclamation made,) unlawfully, riotously, and tumultuously remain, or continue together, by the space of one hour after such command or request made by proclamation, that then such continuing together, to the number of twelve or more, after such command or request made by proclamation, shall be adjudged felony, without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death, as in case of felony, without benefit of clergy.

"And be it farther enacted, by the authority aforesaid, that the order and form of the Proclamations that shall be made by the authority of this Act, shall be as hereafter followeth, (that is to say,) the Justice of the Peace, or other person authorised by this Act to make the said Proclamation, shall, among the said rioters, or as near to them as he can safely come, with a loud voice command, or cause to be commanded silence to be, while Proclamation is making. And after that, openly and with loud voice, make, or cause to be made, proclamation, in these words, or like in effect;

"Our Sovereign Lord the King, chargeth and commandeth all persons, being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pains contained in the Act made in the first year of King George, for preventing tumults and riotous assemblies. God save the King.

"And every such Justice and Justices of the Peace, Sheriff, under Sheriff, Mayor, Bailiff, and other head officer aforesaid, within the limits of their respective jurisdictions, are hereby authorised, empowered, and required, on notice or knowledge of any such unlawful, riotous, and tumultuous assembly, to resort to the place where such unlawful, riotous, and tumultuous assembly shall be, of persons to the number of twelve or more, and there to make, or cause to be made, proclamation in manner aforesaid.

"And be it farther enacted, by the authority aforesaid, that if such persons so unlawfully, riotously, and tumultuously assembled, or twelve or more of

number of their adherents; but, with the exception of John M'Allen, an officer of excise at Crief, in Perthshire, whom, during the night, they attacked in his lodgings, and after beating him most inhumanly, cut off one of his ears, saying,

them, after proclamation made in manner aforesaid,* shall continue together, and not disperse themselves within one hour, that then it shall, and may be lawful to, and for every Justice of the Peace, Sheriff, or under Sheriff of the County, where such assembly shall be, and also to and for every high or petty Constable, and other Peace Officer within such County, and also to and for every Mayor, Justice of the Peace, Sheriff, Bailiff, and other head Officer, high or petty Constable, and other Peace-Officer of any City or Town corporate, where such assembly shall be, and to and for such other person and persons as shall be commanded to be assisting unto any such Justice of the peace, Sheriff, or under Sheriff, Mayor, Bailiff, or other head Officer aforesaid, (who are hereby authorised and empowered to command all his Majesty's subjects of age and ability, to be assisting to them therein,) to seize and apprehend, and they are hereby required to seize and apprehend such persons so unlawfully, riotously, and tumultuously continuing together, after proclamation made as aforesaid; and forthwith to carry the persons, so apprehended, before one or more of His Majesty's Justices of the Peace of the County or place where such persons shall be so apprehended, in order to their being proceeded against for such their offences, according to law; and that if the persons so unlawfully, riotously, and tumultuously assembled, or any of them, shall happen to be killed, maimed, or hurt, in the dispersing, seizing, or apprehending, or endeavouring to disperse, seize, or apprehend them, by reason of their resisting the persons so dispersing, seizing, or apprehending, or endeavouring to disperse, seize, or apprehend them, that then every such Justice of the Peace, Sheriff, under Sheriff, Mayor, Bailiff, head Officer, high or petty Constable, or other Peace Officer, and all and singular persons, being aiding and assisting to them, or any of them, shall be free, discharged, and indemnified, as well against the King's Majesty, his Heirs and Successors, as against all and every other person or persons, of, for, or concerning the killing, maiming, or hurting of any such person or persons, so unlawfully, riotously, and tumultuously assembled, that shall happen to be so killed, maimed, or hurt, as aforesaid.

"And be it farther enacted, by the authority aforesaid, that if any persons unlawfully, riotously, and tumultuously assembled together, to the disturbance of the public peace, shall unlawfully and with force, demolish or pull down, or begin to demolish or pull down any church or chapel, or any building for religious worship, certified and registered according to the statute made in the

Although it is necessary that the charge for dispersing be read, and one hour expire, before the civil Magistrate can legally use force for dispersing a mob or crowd, where more than twelve persons shall have assembled, while they do not commit any outrage; yet, the moment that any outrage is committed, although the mob may not amount to twelve persons, the civil Magistrate may lawfully use immediate force, to maiming or killing, without reading the Riot Act.

they had marked him for Hanover, it does not appear that they gave way to any thing like a spirit of outrage, either against individuals or public bodies. Even his majesty's birthday, which was productive of so much tumult in England, seems

first year of the reign of the late King William and Queen Mary, entituled, an Act for exempting their Majesty's Protestant subjects dissenting from the Church of England, from the penalties of certain laws, or any dwelling-house, barn, stable, or other out-house, that then every such demolishing or pulling down, or beginning to demolish or pull down, shall be adjudged felony, without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death, as in case of felony, without benefit of clergy.

"Provided always, and be it farther enacted by the authority aforesaid, that if any person or persons, do or shall, with force and arms, wilfully and knowingly oppose, obstruct, or in any manner wilfully and knowingly let, hinder, or hurt any person or persons that shall begin to proclaim, or go to proclaim, according to the proclamation hereby directed to be made, whereby such proclamation shall not be made, that then every such opposing, obstructing, letting, hindering, or hurting such person or persons, so beginning, or going to make such proclamation, as aforesaid, shall be adjudged felony, without benefit of clergy, and the offenders therein shall be adjudged felons, and shall suffer death, as in case of felony, without benefit of clergy; and that also, every such person or persons, so being unlawfully, riotously, and tumultuously assembled, to the number of twelve, as aforesaid, or more, to whom proclamation should, or ought to have been made, if the same had not been hindered, as aforesaid, shall likewise, in case they, or any of them, to the number of twelve or more, shall continue together, and not disperse themselves within one hour after such let or hinderance so made, having knowledge of such let or hinderance so made, shall be adjudged felons, and shall suffer death, as in case of felony, without benefit of clergy.

66 And, be it farther enacted, by the authority aforesaid, that, if after the said last day of July, one thousand seven hundred and fifteen, any such church or chapel, or any such buildings for religious worship, or any such dwellinghouse, barn, stable, or other out-house, shall be demolished or pulled down wholly, or in part, by any persons so unlawfully, riotously, and tumultuously assembled, that then, in case such church, chapel, building for religious worship, dwelling-house, barn, stable, or out-house, shall be out of any City or Town, that is, either a County of itself, or is not within any Hundred, that then the inhabitants of the Hundred, in which such damage shall be done, shall be liable to yield damages to the person or persons injured and đamnified by such demolishing or pulling down wholly or in part; and such damages shall, and may be recovered by action to be brought in any of His Majesty's Courts of Record at Westminster, (wherein no essoign, protection, or wager of law, or any imparlance, shall be allowed,) by the person or persons. damnified thereby, against any two or more of the inhabitants of such Hundred; such action for damages to any church or chape! to be brought in

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-bouse, 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.