mittee, to be elected monthly, or oftener, if they should think fit: but even these concessions proved unsatisfactory, while the institution itself remained. Their discontents were not even appeased by the passing of an act, abolishing prelacy. Indeed their resentment was inflamed by another consideration; namely, that of the king's having given seats in the council to some individuals attached to the hierarchy. They manifested their sentiments on this subject by bringing in a bill, excluding from any public trust, place, or employment under their majesties, all such as had been concerned in the encroachments of the late reign, or had discovered disaffection to the late happy change, or in any way retarded or obstructed the designs of the convention. This measure was prosecuted with great warmth; and the bill passed through all the forms of the house, but proved ineffectual, for want of the royal assent. § XXIV. Nor were they less obstinate in the affair of the judges, whom the king had ventured to appoint by virtue of his own prerogative. The malcontents brought in a bill declaring the bench vacant, as it was at the restoration; asserting their own right to examine and approve those who should be appointed to fill it; providing, that if in time to come any such total vacancy should occur, the nomination should be in the king or queen, or regent for the time being, and the parliament retain the right of approbation; and that all the clauses in the several acts relating to the admission of the ordinary lords of sessions, and their qualifications for that office, should be ratified and confirmed for perpetual observation. Such was the interest of this party, that the bill was carried by a great majority, notwithstanding the opposition of the ministers, who resolved to maintain the king's nomination, even in defiance of a parliamentary resolution. The majority, exasperated at this open violation of their privileges, forbade the judges whom the king had appointed to open their commissions, or hold a session until his majesty's further pleasure should be known on the other hand, they were compelled to act by the menaces of the privy council. The dispute was carried on with great acrimony on both sides, and produced such a ferment, that before the session opened, the ministry thought proper to draw a great number of forces into the neighbourhood of Edinburgh, to support the judges in the exercise of their functions. § XXV. The lord commisioner, alarmed at this scene of tumult and confusion, adjourned the house till the eighth day of October; a step which, added to the other unpopular measures of the court, incensed the opposition to a violent degree. They drew up a remonstrance to the king, complaining of this adjournment while the nation was yet unsettled, recapitulating the several instances in which they had expressed their zeal and affection for his majesty; explaining their reasons for dissenting from the ministry in some articles; beseeching him to consider what they had represented, to give his royal assent to the acts of parliament which they had prepared, and take measures for redressing all the other grievances of the nation. This address was presented to the king at Hampton court. William was so touched with the reproaches it implied, as if he had not fulfilled the conditions on which he accepted the crown of Scotland, that he, in his own vindication, published his instructions to the commissioner; and by these it appeared, that the duke might have proceeded to greater lengths in obliging his countrymen. Before the adjournment, however, the parliament had granted the revenue for life; and raised money for maintaining a body of forces, as well as for supporting the incidental expense of the government for some months; yet part of the troops in that kingdom were supplied and subsisted by the administration of England. In consequence of these disputes in the Scottish parliament, their church was left without any settled form of government; for, though the hierarchy was abolished, the presbyterian discipline was not yet established, and ecclesiastical affairs were occasionally regulated by the privy council, deriving its authority from that very act of supremacy, which, according to the claim of rights, ought to have been repealed. § XXVI. The session was no sooner adjourned than sir John Lanier converted the blockade of Edinburgh castle into a regular siege, which was prosecuted with such vigour, that in a little time the fortifications were ruined, and the works advanced at the foot of the walls, in which the besiegers had made several large breaches. The duke of Gordon, finding his ammunition expended, his defences destroyed, his intelligence entirely cut off, and despairing of relief from the adherents of his master, desired to capitulate, and obtained very favourable terms for his garrison; but he would not stipulate any conditions for himself, declaring, that he had so much respect for all the princes descended from king James VI. that he would not affront any of them so far as to insist upon terms for his own particular: he therefore on the thirteenth day of June, surrendered the castle and himself at discretion. All the hopes of James and his party were now concentred in the viscount Dundee, who had assembled a body of Highlanders, and resolved to attack Mackay, on an assurance he had received by message, that the regiment of Scottish dragoons would desert their officer, and join him in the action. Mackay, having received intimation of this design, decamped immediately, and by long marches retired before Dundee, until he was reinforced by Ramsey's dragoons, and another regiment of English infantry then he faced about, and Dundee in his turn retreated into Lochabar. Lord Murray, son of the Marquis of Athol, assembled his vassals to the number of twelve hundred men for the service of the regency; but he was betrayed by one of his own dependents, who seized the castle of Blair for Dundee, and prevailed upon the Athol men to disperse, rather than fight against James their lawful sovereign. : § XXVII. The viscount was by this time reduced to great difficulty and distress. His men had not for many weeks tasted bread or salt, or any drink but water: instead of five hundred infantry, three hundred horse, with a supply of arms, ammunition, and provision, which James had promised to send from Ireland, he received a reinforcement of three hundred naked recruits; but the transports with the stores fell into the hands of the English. Though this was a mortifying disappointment, he bore it without repining; and, far from abandoning himself to despair, began his march to the castle of Blair, which was threatened with a siege by general Mackay. When he reached this fortress, he received intelligence that the enemy had entered the pass of Killy crankie, and he resolved to give them battle without delay. He accordingly advanced against them, and a furi ous engagement ensued, though it was not of long duration. The Highlanders having received and returned the fire of the English, fell in among them sword in hand with such impetuosity, that the foot were utterly broke in seven minutes. The dragoons fled at the first charge in the utmost consternation: Dundee's horse, not exceeding one hundred, broke through Mackay's own regiment; the earl of Dunbarton, at the head of a few volunteers, made himself master of the artillery: twelve hundred of Mackay's forces were killed on the spot, five hundred taken prisoners, and the rest fled with great precipitation for some hours, until they were rallied by their general, who was an officer of approved courage, conduct, and experience. Nothing could be more complete or decisive than the victory which the Highlanders obtained; yet it was dearly purchased with the death of their beloved chieftain the viscount Dundee, who fell by a random shot in the engagement, and his fate produced such confusion in his army as prevented all pursuit. He possessed an enterprising spirit, undaunted courage, inviolable fidelity, and was peculiarly qualified to command the people who fought under his banner. He was the life and soul of that cause which he espoused, and after his death it daily declined into ruin and disgrace. He was succeeded in command by colonel Cannon, who landed the reinforcement from Ireland; but all his designs miscarried: so that the clans, wearied with repeated misfortunes, laid down their arms by degrees, and took the benefit of a pardon, which king William offered to those who should submit, within the time specified in his proclamation. § XXVIII. After this sketch of Scottish affairs, it will be necessary to take a retrospective view of James, and relate the particulars of his expedition to Ireland. That unfortunate prince and his queen were received with the most cordial hospitality by the French monarch, who assigned the castle of St. Germain for the place of their resi dence, supported their household with great magnificence, enriched them with presents, and undertook to reestablish them on the throne of England. James, however, conducted himself in such a manner as conveyed no favourable idea of his spirit and understanding. He seems to have been emasculated by religion; he was deserted by that cou rage and magnanimity for which his youth had been distinguished. He did not discover great sensibility at the loss of his kingdom. All his faculties were swallowed up in bigotry. Instead of contriving plans for retrieving his crown, he held conferences with the Jesuits on topics of religion. The pity which his misfortunes excited in Lewis was mingled with contempt. The pope supplied him with indulgences, while the Romans laughed at him in pasquinades ; "There is a pious man (said the archbishop of Rheims, ironically,) who has sacrificed three crowns for a mass. In a word, he subjected himself to the ridicule and raillery of the French nation. 66 § XXIX. All the hope of reascending the British throne depended upon his friends in Scotland and Ireland. Tyrconnel, who commanded in this last kingdom, was confirmed in his attachment to James, by the persuasions of Hamilton, who had undertaken for his submission to the prince of Orange. Nevertheless, he disguised his sentiments, and temporized with William, until James should be able to supply him with reinforcements from France, which he earnestly solicited by private messages. In the mean time with a view to cajole the protestants of Ireland, and amuse king William with hope of his submission, he persuaded the lord Mountjoy, in whom the protestants chiefly confided, and baron Rice, to go in person with a commission to James, representing the necessity of yielding to the times, and of waiting a fitter opportunity to make use of his Irish subjects. Mountjoy, on his arrival at Paris, instead of being favoured with an audience by James, to explain the reasons which Tyrconnel had suggested touching the inability of Ireland to restore his majesty, was committed prisoner to the bastile, on account of the zeal with which he had espoused the protestant interest. Although Lewis was sincerely disposed to assist James effectually, his intentions were obstructed by the disputes of his ministry. Louvois possessed the chief credit in council; but, Seignelai enjoyed a greater share of personal favour, both with the king and madame de Maintenon, the favourite concubines To this nobleman, as secretary for marine affairs, James made his chief application; and he had promised the command of the troops destined for his service to Lausun, |