A TRUE ACCOUNT OF THE BEHAVIOUR and CONDUCT OF ARCHIBALD STEWART, Eſq LATE Lord PROVOST of Edinburgh.

YOU inform me that you had great Curioſity to be acquainted with all Provoſt Stewart's Story, and the Circumſtances of his Conduct in Edinburgh, when that City was taken by the Re⯑bels in 1745: And that having got Copies of the In formations for and againſt him, you had been frightened from the Peruſal of them by the Sight of two ſuch long Law Papers, which, you im⯑agined, muſt be full of Citations and technical Terms, and abſtract Reaſonings, of which you are wholly ignorant. But allow me to tell you, your Delicacy is very ill founded. I ſhall ſay no⯑thing of the Information againſt him; and I doubt not, but, as it was drawn by a Lawyer of known Capacity, it is as good as the Subject would admit [4] of. But the Information for him is really an ex⯑tream good Paper, and worthy of your Peruſal. And could you doubt of it, when you know the Importance of the Cauſe, the Expectations of the Publick, and above all, when you ſaw, at the Foot, the Gentleman's Name who com⯑poſed it?^*

You deſire me to give you an Abſtract of the Story, in more familiar Terms, and in a Form, which would give you leſs Trouble to compre⯑hend it. I muſt own, I would not indulge your Lazineſs ſo far, at the Expence of my own, were it not that I had great Obligations to Mr. Stewart, as well as a great perſonal Regard for him; and am deſirous of putting his Cauſe in a juſt Light to you, who had once been ſo far ſeduced by Ca⯑lumny and vulgar Reports, as to have entertained ſome Doubts of his Innocence.

Your former Prejudices are not at all ſurprize⯑ing. Whatever general Contempt we may en⯑tertain for popular Rumours, 'tis difficult, when they come full upon us, not to lend, at firſt, ſome Attention to them; and they fortify them⯑ſelves with ſo many Stories, and ſuch numerous Circumſtances, that it becomes difficult, at laſt, not to give even ſome Credit to them. But here is Mr. Stewart's Advantage, which he has now happily attained, after ſuffering the greateſt Hard⯑ſhips, and after the moſt tedious Delays: He is placed before a Court of Judicature. His Ca⯑lumniators muſt ceaſe their furious Obloquy and looſe Accuſations, and harken to the more ſober Voice of his Proſecutors. Theſe have reduced their Charge to Article and Propoſition, which [5] they are engaged to prove and defend. He has had an Opportunity to anſwer; and his Anſwer is ſo good, ſo ſolid, ſo convincing, that the good⯑natured Mob begin to retract their Calumnies; and even the furious Zealots confeſs with Regret, that he has been ſo cunning and ſagacious, as to ſcreen himſelf from all legal Proof and Puniſhment: The utmoſt Confeſſion, ſurely, you will ever ex⯑pect from them.

As often as I heard this Subject handled in Con⯑verſation (and nothing elſe almoſt was talked of for ſome time) I deſired only every zealous De⯑claimer to conſider the Force of the Garriſon which the Provoſt commanded, and the Strength of the Place he was to defend. Theſe are ſurely very obvious Conſiderations, and yet few People ever entered into them, otherwiſe it were impoſ⯑ſible for ſuch ridiculous Calumnies to have made ſuch ſtrong and durable Impreſſions. Let us run over them a little, in order to ſet the Matter in a juſt Light. This may lead us into ſome general, as well as particular Topics, that may not be un⯑inſtructive or unentertaining.

The great Difference betwixt the State of this Iſland at preſent, and what it was a few Centuries ago, is obvious to every one. At that time, the whole Defence of both Kingdoms was truſted to the People; who, tho' they received no Pay, yet never neglected the Uſe of Arms; tho' diſperſt in their own Houſes, yet lived under a regular military Subordination to their Superiors and Chieftains; and tho' obliged to labour for their Subſiſtance, conſidered, all of them, their civil Occupations as a Drudgery they ſubmit⯑ted to from mere Neceſſity, but regarded their [6] military Atchievements as the only Source of Ho⯑nour and Glory. What Actions of deſperate Valour have been performed by ſuch Troops, and what well-diſputed Fields they have fought, is known to every one that has the leaſt Ac⯑quaintance with the Hiſtory of this or of any other Nation. And the Behaviour of the preſent Highlander, who preſerves but a ſmall Part of theſe ancient Inſtitutions, may ſet the Matter ſtill more ſtrongly before us.

The Highlanders are altogether as ignorant of Diſcipline as the Low-Country Ploughmen, and know as little the Nature of Encamp⯑ments, Marches, Ranks, Evolutions, Firing, and all the other Parts of military Exerciſe, which preſerves Order in an Army, and renders it ſo formidable. They advance to Battle in a confuſed Heap, which ſome People have been pleaſed to call a Column: They can uſe no Weapon but the Broad-Sword, which gives not one Wound in ten that is mortal, and obliges each Combatant to occupy double the Ground that would ſuffice, did he employ the Puſhing-Sword or the Bayonet. And they be⯑come weaker by their Victories; while they diſperſe to their Homes, in order to ſecure the Plunder they have acquired: But ſtill, as long as they retain a devoted Obedience to their Chieſtain, who is their Officer, and value them⯑ſelves upon military Courage above all Endow⯑ments, they can never juſtly be regarded as a contemptible Enemy.

When Men have fallen into a more civi⯑lized Life, and have been allowed to addict themſelves entirely to the Cultivation of Arts [7] and Manufactures, the Habit of their Mind, ſtill more than that of their Body, ſoon ren⯑ders them entirely unfit for the Uſe of Arms, and gives a different Direction to their Am⯑bition. Every Man is then deſirous to excel his Neighbour in Riches or Addreſs, and laugh at the Imputation of Cowardice or Effemi⯑nacy. But the barbarous Highlander, living chiefly by Paſturage, has Leiſure to cultivate the Ideas of military Honour; and hearing of nought elſe but the noble Exploits of his Tribe or Clan, and the renowned Heroes of his Li⯑neage, he ſoon fancies that he himſelf is born a Hero as well as a Gentleman. The Songs recited at their Feſtivals, the Fables tranſmit⯑ted from their Anceſtors, the continual Strain of their Converſation; all this nouriſhes their martial Spirit, and renders them, from their Cradle, compleat Soldiers in every thing but the Knowledge of Diſcipline.

In the antient Civil Wars of Scotland, we find that the Highland Families were always of little Weight on either Side, and that the Battles were decided entirely by the Douglaſſes, Carrs, Humes, and the other Low-Country Borderers; who, preſerving the ſame Manners and Inſtitu⯑tions with their Countrymen in the Mountains, had acquired a ſuperior Addreſs and Bravery, by their frequent Skirmiſhes and Battles with the Engliſh.

We alſo find, that when all the Highlanders joined to all the Lowlanders, much more nume⯑rous and brave than they, invaded England, under the legal Authority of their Prince or Sovereign, that Nation were ſo far from being alarmed at the Storm, that it ſcarce ſufficed to rouſe them from their [8] Indolence and Repoſe. The Militia of the Nor⯑thern Counties was commonly ſtrong enough to repel the Invaders; and the Inhabitants of London, when Battles were fought in Northumberland, or the Biſhoprick of Durham (for our Anceſtors ſeldom advanced farther) heard of theſe Combats with as great Security, as now they read of the Wars betwixt the Perſians and the Indians. 'Twas only when an ambitious Prince, like Ed⯑ward the Firſt or Third, undertook the Conqueſt of Scotland, that the whole Force of England was muſtered up againſt us.

But now, (how can we think of it without Shame and Indignation?) when not above a fifth Part of theſe miſerable Highlanders (who are no braver than their Anceſtors) roſe in Rebel⯑lion, they trampled down the whole Low-Coun⯑tries, who were generally averſe to their Cauſe, and whoſe Anceſtors could have diſſipated twenty times the Force of ſuch Barbarians: They ad⯑vanced into the middle of England, without meeting any Reſiſtance: They threw a prodigi⯑ous Alarm into the Capital itſelf, the greateſt City in the Univerſe; they ſhook and rent the whole Fabrick of the Government, and the whole Syſtem of Credit on which it was built. And tho' there were three regular Armies in England, each of them much more numerous than they, they retreated back into their own Country; and ſtill maintained their Ground. Nor can any reaſonable Man doubt, that if theſe Armies had been removed, eight Mil⯑lions of People muſt have been ſubdued and reduced to Slavery by five Thouſand, the braveſt, but ſtill the moſt worthleſs amongſt them.

[9] I ſhall never forget the Converſation on theſe Events, I had at that time with a Swiſs Gentle⯑man, that could not ſufficiently admire how ſo great a People, who really are Lords of the O⯑cean, and who boaſt of holding in their Hand the Ballance of Power in Europe, could be ſo im⯑potent and defenceleſs againſt ſo mean a Foe. Let thoſe Highlanders, ſays he, have invaded my Country, and the Militia of three Swiſs Pariſhes would have repelled, what the whole Force of your three Kingdoms is ſcarce able to maſter. And if we allow only a Battalion to a Pariſh (which ſeems reaſonable in ſo populous a Country, and where every Man is diſciplined) we ſhall find that this Boaſt contains no Exaggeration, but a ſeri⯑ous, and, to us, a very melancholy Truth.

Since then, the Diſpoſition and Diſcipline of this Age and Nation is ſuch; what reaſonable Man could be ſurprized to hear, that the Rebels had become Maſters of Edinburgh, while it was not defended, but deſerted by its timid Inhabi⯑tants. Methinks, we ſhould at firſt have ex⯑pected that Event as firmly as that they would enter Kelſo, Penrith, or any defenceleſs open Vil⯑lage that lay upon their Road. I might add Lon⯑don to the Number, and ſuppoſe only, that the Rebels had advanced from Derby, and that Lord Stair, inſtead of encamping on Finchly Common, had led his Army down to Exeter or Plymouth. Would my Lord Mayor, who commands near a Million ^* of People, have ventured to give them the ſmalleſt Oppoſition; or, like a Drawcan⯑ſir, have ſtood alone in their way, armed with [10] his Mace and great Cap of Maintenance? For I take it for granted, that every Mortal, Citizen and Courtier, Laity and Clergy, Man and Wo⯑man, old and young, would have deſerted him.

I wiſh his Majeſty would be pleaſed to ho⯑nour me with the Command of either of the Highland Battalions, and that I had ſome honeſt Jeſuitical Clergyman to lay my Scruples; I ſhould think it a very eaſy Exploit to march them from Dover to Inverneſs, rob the Bank of England in my Way, and carry my Spoils, with⯑out Interruption, thro' the whole Nation; pro⯑vided the Army were diſpoſed to continue mere Spectators of my Proweſs.

To tell the Truth, one of the Perſons whom I ſhould be the moſt ſorry to meet with on my Road, would be Mr. Stewart. For by all that I can learn of his Conduct, he acted the Part of ſo vigilant, active, and even brave a Migi⯑ſtrate (ſo far as he was tried) that he might create me ſome Trouble: But ſtill, if his Force was no greater than what it was during the laſt Rebel⯑lion, he would not be able to give me any great Interruption.

Let us ennumerate that Force, in order to judge the better of it, and determine whether it was likely to reſiſt the Rebels. We ſhall ſurely find a Liſt of Heroes equal to thoſe of which Homer, has given us a Catalogue, if not in his Illiad, at leaſt in his Batrachomyomachia, or Battle of the Frogs and Mice.

There were of the Town Guards ninety ſix Men, augmented at that Time to 126. Theſe are rather elderly Men, but pretty well diſ⯑ciplined; and indeed, the only real Force the Provoſt was Maſter of. The reſt were, in a [11] Word, undiſciplined Britons, which implies juſt as formidable an Idea as undiſciplined Romans, or undiſciplined Indians. They were nominally di⯑vided into the Trained-Bands, the Edinburgh Re⯑giment, and the Volunteers. But this Diviſion was really what the Schoolmen call a Diſtinction without a Difference. For with Regard to mi⯑litary Proweſs, they were much the ſame.

As to the Trained-Bands,^* in what Condi⯑tion that formidable Body may be in at preſent, or might have been in, at the time of the Rebel⯑lion, I cannot tell; but I remember, when I was a Boy, I had a very contemptible Idea of their Courage. For as they were uſually drawn out on Birth Days, and marched up through the main Street, it was very common for any of them, that was bolder than uſual, and would give him⯑ſelf Airs before his Wife or Miſtreſs, to fire his Piece, in the Street, without any Authority or Command from his Officers. But I always ob⯑ſerved, that they ſhut their Eyes, before they ven⯑tured on this military, Exploit; and I, who had at that time been accuſtomed to fire at Rooks and Magpyes, was very much diverted with their Timorouſneſs^†. However, I queſtion not, but there are many very honeſt ſubſtantial Tradeſmen amongſt them, and as long as that is granted, I ſuppoſe they will allow any one to make as merry as he pleaſes with their mili⯑tary Character.

[12] His Majeſty's Warrant to raiſe the Edinburgh Regiment was not delivered to the Provoſt, till the 9th of September, ſeven Days before the Re⯑bels entered the Town. The oldeſt enliſted, therefore, were now Veteran Troops of ſeven Days ſtanding: the youngeſt not leſs than a Quarter of an Hour. Their Number might amount to about 300. I am told, that their Appearance reſembled very much that of Fal⯑ſtaff's Tatterdemallion Company, which his Friend ſuppoſed he had leviod by unloading the Gibbets and preſſing the dead Bodies. But the merry Knight defended his Company, by ſaying, Tut, mortal Men, mortal Men, good enough to toſs, Food for Powder. Tho' it is my humble Opinion, that had the Mortality of the Regiment abovementioned depended on their being Food for Powder, they would have deſerved the Epithet of the immortal Body, as much as the King of Perſia's Guards, who, as Herodotus tells us, were dignified with that Appellation. But not to be too hard upo [...] our Countrymen, I ſhall allow, that notwithſtanding their Pover⯑ty, they would have behaved as well as the Million Regiment of London, ſo called from the Property of the Soldiers, which, it ſeems, a⯑mounted to that Sum.

The Volunteers, who come next, to the Number of 400, and cloſe the Rear, the Poſt of Honour in all Retreats, will, perhaps, expect to be treated with greater Gravity and Reſpect: And no doubt they deſerve it, were it only for their well meant Endeavours in De⯑fence of their King and Country. As to their Diſcipline and Experience, it was much the ſame with that of the others. I need not add [13] their Courage: For theſe are Points almoſt inſeparable. Religious Zeal makes a mighty Addition to Diſcipline; but is of no Moment when alone. Cromwell's Enthuſiaſts conquered all the Nobility and Gentry of England; and at the Battle of Dunkirk ſtruck the French and Spaniards with Admiration, even under a Tu⯑renne and a Condé. But their Brethren at Bothwell-Bridge fled before they came within Sight of the Enemy. Which of theſe Ex⯑amples our Volunteers were moſt likely to imitate, I leave to their own Conſcience to determine. A Friend of mine, who has a poe⯑tical Genius, has made a Deſcription of their March from the Lawn-Market to the Weſt-Port, when they went out to meet the Rebels; and has invented a very magnificent Simile to illuſ⯑trate it. He compares it to the Courſe of the Rhine, which rolling pompouſly it Waves through fertile Fields, inſtead of augmenting in its Courſe, is continually drawn off by a thou⯑ſand Canals, and, at laſt, becomes a ſmall Rivu⯑let, which loſes itſelf in the Sand before it reaches the Ocean.

Such were the Forces over whom the Pro⯑voſt had ſome Authority. His Auxiliaries were two Regiments of Dragoons, under Mr. F [...] then a Brigadier General, now hap⯑pily a Major General, in his Majeſty's Service. Of what Importance theſe were to the De⯑fence of the Town, ſhall be conſidered after⯑wards.

I remember Cardinal de Retz ſays, that a great Prince made very merry with the new levied Troops of Paris, during the Civil Wars; and when he mentioned the Defence that [14] might be expected from the City againſt the King's Troops, uſually called it, La guerre des pots de chambre, The War of the Chamber-pots. As it is well known, that a Chamber-pot is a very formidable Machine in Edinburgh, I won⯑der it has not been comprized amongſt Pro⯑voſt Stewart's Forces; at leaſt, amongſt his Auxiliaries, in Conjunction with the reſt above⯑mentioned.

Having thus given a faithful Account of the Garriſon, let us now beſtow ſome Conſiderations on the Place, the Defence of which was expec⯑ted from Mr. Stewart, and which he is ſuppoſed to have loſt by Negligence or bad Intentions. A weak or no Garriſon, in a Place weakly forti⯑fied, or not fortified at all, muſt be the Con⯑ſummation of all Weakneſs. We are forbid by Philoſophy to ſeek for more Cauſes then are re⯑quiſite to explain any Phaenomenon. And I think it will fairly be allowed, that if theſe two Circumſtances are admitted, 'twill be quite ſuper⯑fluous to have recourſe to a third, viz. a weak or a treacherous Governor, in order to account for the Surrender of the Place.

You know, that the City of Edinburgh is ſur⯑rounded for the greateſt part, by a plain Wall about twenty Foot high, where higheſt, and a⯑bout two and a half or three Foot thick, where thickeſt. It is not, in many Places, flanked by any Baſtions: It has not Strength or Thickneſs enough to bear Cannon. The Beſieged would not even have room to handle or charge their Pieces; but muſt be ſet up aloft as Marks to the Enemy, who can annoy them infinitely more and receive leſs Harm from them, than if both ſtood in an open Field.

[15] You know, that this Wall, tho' near two Miles in Length, ſurrounds not the whole Town, but is ſupplied on the North by a Lake which is fordable in many Places.

You know, that this Wall, for a very con⯑ſiderable Space, is overlooked by Houſes, which ſtand within five or ſix Paces of it, and which it was impoſſible to deſtroy becauſe of their Num⯑ber and Value.

The Town is ſupplied with Water entirely by Pipes. Its Bread is even, ſtrictly ſpeaking, its daily Bread. For the Bakers never have by them more Flower than ſerves them a Day, but bring it continually from their Milns on the Water of Leith, as Occaſion requires.

Beſides, as happens in all Civil Wars, there were ſo many diſaffected Perſons in Town, that had it been held out but for three Hours (which indeed was impoſſible) it was juſtly feared, that it would have been ſet on fire from within, in order to facilitate the Entry of the Rebels; nay, it was eaſily poſſible for the Rebels themſelves to ſet fire to it from without, and force it, by that means, to a ſpeedy Surrender.

It is obvious to every one, however igno⯑rant of military Affairs, that any Governor who incloſes himſelf in ſuch a Place, fights with Diſadvantage, and has infinitely better Chance for Succeſs, if he fairly opens his Gates, and marches forth to combat his Enemy in an equal Battle. For not to inſiſt on the other Diſ⯑advantages above mentioned, the Circuit of theſe Walls is too large to be guarded by any mode⯑rate Garriſon; the Enemy can draw them toge⯑ther to any one Place by a falſe Alarm, in the Night, or even in the Day; while he breaks in [16] at a diſtant Place, that is weakly defended, and the Garriſon, entangled among the Houſes and Garden-Walls, muſt be cut in Pieces, almoſt without Reſiſtance.

This Meaſure therefore, of meeting the Re⯑bels before they reached Edinburgh, was very prudently reſolved on by General Gueſt, on the ſixteenth of September, when Intelligence was brought, that the Highlanders were approach⯑ing; and he ordered Brigadier F [...] to ad⯑vance with his Dragoons to the Colt-Bridge for that Purpoſe; he alſo deſired Mr. Stewart to join what Infantry he could to ſuſtain the Dragoons. The Provoſt ordered upon this Du⯑ty all the Town Guards, and all the Edinburgh Regiment that were fit for Service. He had no Power to order the Volunteers out of Town: He only conſented, that, as many as pleaſed, ſhould be allowed to march out. But, it ſeems, they had as little Inclination to go, as he had Pow⯑er to order them; a few of them made a faint Effort; but, 'tis ſaid, met with Oppoſition from ſome of the zealouſly affected, who repreſented to them the infinite Value of their Lives, in com⯑pariſon of thoſe Ruffians, the Highlanders. This Oppoſition they were never able to overcome.

Brigadier F [...] (whoſe Conduct in this whole Affair is too remarkable to be forgot^*) tho' [17] he had only two Regiments of Dragoons, and a very few Infantry, was ſtill a formidable Enemy to the Rebels. For, as much as regular veteran Infantry are ſuperior to Cavalry, as much are Ca⯑valry, eſpecially in an open Field, ſuperior to an irregular Infantry, ſuch as the Highlanders; who cannot keep their Ranks, wherein conſiſts all the Force of Foot; who cannot fire regularly in Platoons; who know not the Uſe of the Bayonet, and whoſe ſole Weapon is their Broad-Sword, in which a Horſeman, by his very Si⯑tuation, has an infinite Advantage above them. Or if it were too ſanguine to hope for a Victory from ſuch a Force as the Brigadier commanded, a leiſurely and a regular Retreat might at leaſt have been made, tho' he had advanced within a Muſket-ſhot of the Enemy.

But before the Rebels came within Sight of the King's Forces, before they came within three Miles diſtance of them, Orders were iſſued to the Dragoons to wheel; which they immedi⯑ately did, with the greateſt Order and Regula⯑rity imaginable. As 'tis known, nothing is more beautiful than the Evolutions and Motions of Ca⯑valry, the Spectators ſtood in Expectation what fine warlike Manaeuvre this might terminate in; when new Orders were immediately iſſued to retreat. They immediately retreated, and be⯑gan to march in the uſual Pace of Cavalry. Or⯑ders were repeated, every Furlong, to quicken their Pace; and both Precept and Example concurring, they quickened it ſo well, that be⯑fore they reached Edinburgh, they had come to a pretty ſmart Gallop. They paſſed, in an in⯑expreſſible Hurry and Confuſion, through the narrow Lanes at Barefoot's Parks, in the Sight [18] of all the North Part of the Town, to the in⯑finite Joy of the Diſaffected, and equal Grief and Conſternation of all the other Inhabitants. They ruſhed like a Torrent down to Leith; where they endeavoured to draw Breath: But ſome unlucky Boy (I ſuppoſe, a Jacobite in his Heart) calling to them that the Highlanders were approaching, they immediately took to their Heels again, and galloped to Preſtonpans about ſix Miles further. Here in a literal Senſe, Timor addidit alas, their Fear added Wings; I mean to the Rebels. For otherwiſe, they could not poſſibly imagine, that theſe formidable Enemies could be within ſeveral Miles of them. But at Preſtonpans, the ſame Alarm was renewed, The Philiſtines be upon thee Sampſon, they gal⯑loped to Northberwick; and being now about twenty Miles on the other Side of Edinburgh, they thought they might ſafely diſmount from their Horſes, and look out for Victuals. Ac⯑cordingly, like the antient Grecian Heroes, each of them began to kill and dreſs his Proviſions. Egit amor dapis atque pugnae, they were actua⯑ted by the Deſire of Supper and a Battle. The Sheep and Turkies of Northberwick paid for this warlike Diſpoſition. But behold! the Un⯑certainty of human Happineſs; when the Mut⯑ton was juſt ready to be put upon Table, they heard, or thought they heard, the ſame Cry of the Highlanders. Their Fear proved ſtrong⯑er than their Hunger; they again got on Horſe⯑back, but were informed time enough of the Falſeneſs of the Alarm, to prevent the ſpoiling of their Meal.

By ſuch Rudiments as theſe, the Dragoons [19] were trained; till at laſt they became ſo perfect in their Leſſon, that at the Battle of Preſton, they could practiſe it of themſelves; tho' even there the ſame good Example was not wanting.

I have ſeen an Italian Opera called Caeſare in Egitto, or Caeſar in Egypt; where in the firſt Scene Caeſar is introduced in a great Hurry, giving Orders to his Soldiers, Fugge, fugge: a'llo ſcampo. Fly, fly: to your Heels. This is a Proof, that the Commander at the Colt-Bridge is not the firſt Hero that gave ſuch Orders to his Troops.

'Twas in Conſideration of ſuch great Example, I ſuppoſe, that he has been ſo honourably acquit⯑ted^*, and ſince promoted; while Mr. Stewart has been impriſoned for fourteen Months, forced to give a Recognizance of 15000 l. for his Appearance, and three times, in a manner, brought upon his Trial. So true the old Proverb, That it is ſafer for one Man to ſteal a Horſe, than for another to look over a Hedge.

But Mr. Stewart aſſerts, very juſtly, that he neither ſtole the Horſe, nor looked over the Hedge. He neither incurred any real Guilt, nor gave the ſmalleſt Foundation for any ſuch Suſpici⯑on; the only adviſeable Expedient for ſaving the Town was tried; and failing, with ſuch multipli⯑ed Circumſtances of Terror and Conſternation, it left him, if poſſible, in a worſe Situation than before, by that Diſcouragement, with which it impreſt every one. The Volunteers, before that time, had thought fit of themſelves to give up their [20] Arms to the Caſtle; the Edinburgh Regiment had alſo given up their Arms: The Burghers or Trained-Bands, deſerted by the regular Forces, refuſed to expoſe their Lives, when they under⯑ſtood, by repeated Threatnings from the Rebels, that every Man, who made any Reſiſtance, ſhould be put to Death. In ſhort an univerſal Panic, and that not groundleſs, had ſeized the People. 'Tis what the braveſt and beſt diſciplined Forces have been ſubject to, and what is, with great Difficulty cured, by the moſt expert Commanders. But 'tis unavoidable in every undiſciplined Multitude, and is there perfectly incurable.

What tho' ſome faint Glimpſe of Hope was afforded, by the Intelligence received, towards the Evening of this fatal Day, that Sir J [...] C [...] with his Army had been ſeen at Sea, off Dunbar. This Succour was too diſtant to relieve them from an Enemy, who was at their Gates. And the Minds of Men were now unbent, and had, with great Reaſon, abandoned all Thoughts of De⯑fence, which they could not reſume again, in ſuch immediate Danger, and without any pro⯑bable or poſſible View of Succeſs.

In this Confuſion, when nobody did his Duty, when nobody but Mr. Stewart ſeemed to think he had now any Duty to do, the Town always ungarriſoned, always unfortified, now in an univerſal Conſternation, perhaps divided with⯑in itſelf, was entered without Reſiſtance by the Rebels.

I ſhould think it an Affront on your Un⯑derſtanding to ſhew you more particularly how unavoidable this Event is to be eſteemed; and therefore having put this main Point in [21] a juſt Light, I ſhall touch, tho' briefly, on the other Articles of Accuſation. They are, I own, like the Provoſt's Forces, pretty nume⯑rous; but ſurely the moſt diſorderly, undiſci⯑plined Rabble that ever were led into the Field. They are rather the Subject of Ridi⯑cule than of any ſerious Oppoſition. For In⯑ſtance.

The Lord Juſtice Clerk, ſeveral of the Judges, along with the King's Council, gave it unanimouſly as their Opinion, that the levy⯑ing of a Regiment, without his Majeſty's War⯑rant, was illegal: His Majeſty, when applied to, confirmed that Doubt by granting that Warrant: And the plain Words of the Sta⯑tute requires ſuch an Authority; yet the rai⯑ſing a Doubt upon this Head is deemed a Crime; tho' that Doubt, or any other Doubt, were it ever ſo ill grounded, muſt be allowed intirely in⯑nocent^*.

The Provoſt alſo is ſaid to have raiſed a Doubt about the Legality of inliſting the Volunteers. And indeed, this Caſe is ſo much alike, or ſo much the ſame with the other, of raiſing a Regi⯑ment, that no wonder ſuch a Scruple did ariſe. But he took Care, immediately, to conſult the Lord Advocate; and he alſo took Care, imme⯑diately, to acquieſce in his Lordſhip's Judgment. Yet this is one Article of Charge againſt him^†.

The Town-Council intruſted the Inſpec⯑tion and Care of the Work to a Committee under another Perſon: The Works projected were all finiſhed before the Arrival of the Re⯑bels. Are you not ſurprized he muſt anſwer for them, as if they were unfiniſhed; or, as [22] if they had chiefly been put under his Direc⯑tion^*.

Some Zealots had propoſed to ſet up Marks of Diſtinction, from mere Suſpicion on ſeveral Citizens, who behaved themſelves peaceably. The Provoſt rejected ſo imprudent, ſo pernicious a Meaſure. Is he therefore criminal^§? He of⯑fered Pay and Victuals to ſome Volunteers, that came from the Country; need I repeat the Queſtion, if this Propoſal renders him cri⯑minal^‖?

A Gentleman, Mr. Alves, travelling on the Road towards Edinburgh, paſſes the Rebels; and the Duke of Perth gives him a threatning Meſſage to deliver to the Provoſt: The Provoſt does not immediately commit him; both becauſe it did not appear, that he was any way guilty, in relating to the Chief Magiſtrate, a Story in which he had been involuntarily engaged; and becauſe there was Danger of ſpreading the Story the faſ⯑ter, and intimidating the Inhabitants, by ſuch a Commitment. Hearing a few Hours afterwards, that the Gentleman had been ſo imprudent as to tell his Meſſage to others, he immediately com⯑mitted him. You are not ſurprized, I ſuppoſe, after what you have read above, to find, that this is an Article of Accuſation^†.

He is alſo charged with receiving a Petition from the Inhabitants, keeping a Meeting with them, and hearing a Letter read from the Preten⯑der's Son. The receiving the Petition was inno⯑cent, and alſo unavoidable, unleſs he had ſhut himſelf up in his Cloſet. The calling a Meeting of the Inhabitants at ſuch a Juncture, would alſo [23] have been innocent. But he called no ſuch Meeting. The Inhabitants, under Terror of the approaching Danger, preſſed in upon him wherever he went, and would have their Com⯑plaints and Remonſtrances heard; and the Pro⯑voſt, ſo far from conſenting to read the Letter, openly and ſtrongly oppoſed it, and left the Com⯑pany to avoid hearing it^*. All theſe Facts are public and notorious.

On the 15th of September, the Provoſt was called in the Evening to Lord Juſtice Clerk's, where Lord Advocate, General Gueſt, Briga⯑dier F [...], and ſeveral other Officers, were pre⯑ſent. A Propoſal was there made, that the Dragoons ſhould be brought into Town, with a View to give them ſome Reſt and Refreſh⯑ment, and have their Horſes fed in the Streets. But upon Reflection it appeared, that the A⯑venues of the Town might be taken poſſeſſion of by the Rebels, and the Streets barricadoed, the Houſes lined, and the Dragoons by that means fall into the Hands of the Enemy. This Pro⯑poſal, therefore, was moſt juſtly rejected. Next Day, after the near Approach of the Rebels, af⯑ter the Flight of the Dragoons, after the univer⯑ſal Conſternation of all Ranks, Mr. Stewart refu⯑ſed to ſign any Order to theſe Dragoons, over whom he had no Authority, to return and enter into the Town; tho' he promiſed them all Kind of good Reception and Entertainment, if they thought proper to come. When I find the Refuſal to ſign ſuch an Order, ſtated as an Article of Accuſation againſt the Provoſt, I cannot think but the Accuſer, foreſeeing the [24] Circumſtances of Merit, which the Accuſed would plead, laid immediate Claim to them as his own Right; like a prudent General, who takes Poſſeſſion of thoſe Eminences or ſtrong Grounds, that may be of Service to the Ene⯑my. This Obſervation is, indeed, applicable to almoſt all the Articles; there is ſcarce any of them but might be cited as a Proof of Mr. Stewart's Vigilance, Prudence, Activity, or Moderation.

If the Volunteers, in the Hurry of ſo active a Day, as the 16th of September, waited ſome time for Orders, without receiving any; this is alſo made an Article of Charge^*.

The 10th Article is of the ſame Force with all the reſt; tho' I ſhall not tire either you or myſelf, by narrating or refuting it. I ſhall only add a few Words, with regard to the Eleventh Article, which charges him with allowing the City Arms to fall into the Hands of the Rebels; becauſe ſome People think there is a Foundation for this Charge, tho' they frankly allow all the reſt to be frivolous, and even ridiculous,

Firſt, Without mentioning the Inſignificancy of theſe Arms, Mr. Stewart pleads, with regard to this Article, and with regard to all Articles, that have been, or may ever be charged againſt him, that, tho' Chief Magiſtrate, and Preſident of the Town-Council, he was really but one Member, and had but one Vote. The ſupreme Command was in the Council. They were cri⯑minal, if there be any Crime. It is not, nor can it be pretended, that he, in this or any other In⯑ſtance, oppoſed, or over-ruled, or contradicted their Determination.

[25] Secondly, There had ſeveral Meſſages come from the Rebels, threatning Deſtruction, if the City either reſiſted or ſecreted their Arms. It is a Queſtion whether the Magiſtrates, for the ſaving of a few ruſty Arms, ought in Prudence to have run the Riſque of having theſe Threats executed, conſidering the known Barbarity of the Clans, and the then unknown Moderation of their Chief⯑tains. But it is no Queſtion, however the Magi⯑ſtrates had determined, that the People would not have conſented; and conſequently, that the ſecreting theſe Arms was abſolutely im⯑practicable.

Thirdly, Mr. Stewart ſhowed all along a particular Attention to keep Arms out of the Hands of the Rebels. When it was propoſed, after the News arrived of Sir J [...] C [...]'s being ſeen off Dunbar, to deſire back again from the Caſtle, the Arms which the Volunteers and the Edinburgh Regiment had carried thither; the Provoſt, apprehenſive of the Conſequences, re⯑jected the Propoſal; till he ſhould ſee, as he ſaid, a better Diſpoſition in the Inhabitants, to make uſe of Arms. And he even ſent a Meſſage to General Gueſt in the Caſtle, informing him of the Conſternation of the Town, and the little Au⯑thority which the Magiſtrates had, to force the Trained-Bands to deliver up their Arms; and de⯑ſiring, at the ſame time, the General to ſend down a Party to carry up the Arms, or uſe ſome other Expedient to that Purpoſe.

Fourthly, It is proper to conſider, in this Caſe, the Uncertainty of the Situation to which the Magiſtrates and Council were reduced, during the laſt and moſt diſtreſſing Scene of this unlucky [26] Affair: Sometimes terrified with the immediate Approach of the Rebels; at other times, in⯑couraged with ſome Proſpect of Relief; even to⯑wards the End of this Period there were ſome Hopes of the Return of the Dragoons. Nor was that Expectation quite over in the Meeting of the Council; until they heard the Rebels had en⯑tered the Town. Had the Dragoons returned to the City, and animated the People in its Defence, the Charge againſt the Provoſt then, would have been inverted: Why did he ſend up the Arms to the Caſtle? Why did he carry them out of the way, when they might be inſtantly wanted for the Defence of the Town, and the near Ap⯑proach of the Rebels made a Moment's Delay of great Conſequence? And the Citation might have been adduced, which has been miſapplied in the preſent Caſe, Quod puncto ſaepe temporis maxi⯑marum rerum occaſiones amittuntur, That Succeſs in the greateſt Affairs, frequently depends on a Moment.

But, Fifthly, what if Mr. Stewart ſhould ſay (which indeed he has here no manner of Occa⯑ſion for) that he was in the wrong, and that in the general Hurry and Conſternation, it was dif⯑ficult not to forget ſomething. Would any Man lay this as a criminal Accuſation againſt him. I grant, in War, it is never allowed a General to ſay, Non cogitavi, I did not think of it. Marl⯑borough or Eugene might be aſhamed of ſuch an Excuſe: But the Provoſt was bred to a different Profeſſion. And I dare affirm, that even theſe great Generals, had they been ingenuous, might, twenty times in their Lives, have made uſe of this Apology.

The Twelfth, and laſt Article is, if poſſible, ſtill [27] more extraordinary than all the reſt. It makes the Provoſt the Scape Goat, and charges him with the Sins of the whole People; becauſe the People want Charity, and judge him criminal, therefore he muſt really be ſo. You may read, indeed, in your Machiavel, that, by a very peculiar and very abſurd Law in the Republick of Florence, where⯑ever the popular Opinion condemned a Man, it was lawful for a certain Magiſtrate, called the Gonfalioneré, immediately to put him to death, without any Trial or Form of Proceſs. I have no Intention to deny, that Mr. Stewart would have fared very ill, had he been in Florence two Years ago; and had the preſent Provoſt been Gonfalioneré. Tho' now I believe he would have no Reluctance to ſubmit himſelf to a popular Tri⯑bunal.

But tho' popular Clamours are not here, as in Florence, authorized by Law, it is plain, that, in Practice, at leaſt in Mr. Stewart's Caſe, they draw very terrible Conſequences after them. He was ſenſible of the Diſadvantage he lay under; yet this would not diſcourage him from attending his Duty in Parliament. He put himſelf into the Hands of his Enemies; for ſuch the Miniſtry had become; nor need we be in the leaſt ſurprized at it. He ſuffered a ſevere Confinement for ſome time; and tho' this was by Degrees remitted, yet ſtill it continued a Confinement for fourteen Months, very grievous to any Man, and very prejudicial to a Man of Buſineſs.

I have been certainly informed, that, very often [28] when the Miniſtry, in proſecution of their uſual Lenity, was reſolved to give Mr. Stewart his Li⯑berty, their Hands were continually ſtopped by a freſh Cargo of Lies and Calumnies imported to them from Scotland; and which it required ſome time to examine and diſcuſs.

But when, at laſt, he got his Liberty, and had the Proſpect of a fair Trial, this happy Time, which ſhould put a Period to all his Sufferings, was continually protracted, in the moſt unaccount⯑able Manner in the World. At the firſt Diet in March, he was put off till June, and afterwards till Auguſt. When every Thing was then ready for a Trial, the Proſecutor deſerted the Diet, and Mr. Stewart, as well as the Public, im⯑agined, that all was over, and that his Enemies, conſcious of his Innocence, were to free him from all farther Proſecution. But he is again, it ſeems, to be brought on his Taial with additional Ex⯑pence, and Vexation and Trouble. How long this may yet laſt is uncertain; and 'tis evident any Man might me ruined by the Continuation and Repetition of ſuch a Practice: For which, it ſeems, our Law provides no Remedy.

All theſe vexatious Meaſures gave the more In⯑dignation, when we conſider again it whom, and by whom, they are exerciſed. You are perfectly well acquainted with Mr. Stewart, and know him to be a good Magiſtrate, a good Friend, a good Companion, a fair Dealer: A Man in every Ac⯑tion of his Life, full of Humanity, Juſtice and Moderation.

The Government too, is ſurely the fulleſt of Mildneſs, Equity and Juſtice in the World. The preſent Inſtance is, I believe, the only one, in near ſixty Years, of an innocent Man, [29] that has ever lain under the leaſt Oppreſſion. If our Government is faulty in any Thing, 'tis ra⯑ther in the oppoſite Extreme; and the preſent Times ſhow ſufficient Examples of it.

The Town of Edinburgh was loſt; a moſt un⯑expected, and moſt unaccountable Event ſurely! But what was it when the Battle of Falkirk was loſt; when a numerous, a veteran and a brave Army fled before a Handful of Highlanders, whom they had ſcarce ſeen? I never heard that the Au⯑thor of that Calamity has been puniſhed, or even queſtioned, or has met with the ſmalleſt Diſcou⯑ragement; I mean, from the higher Powers. For I was very well diverted, t'other Day, by the Ac⯑count of a Sarcaſm, he met with from a private Hand, which was the ſevereſt in the World.

When the Army fled to Linlithgow, they immediately quartered themſelves about in all the Houſes, and even in the Palace, where there dwelt, at that Time, a Lady noted for Wit and Beauty; who obſerving their diſorderly Proceed⯑ings, was apprehenſive they would fire the Pa⯑lace. She immediately went to remonſtrate to a certain great General, and was received pro ſo⯑litâ ſuâ humanitate, with his uſual Humanity. Finding her Remonſtrances vain, ſhe took her Leave in theſe Words, To take care, ſays ſhe, of the King's Houſe, is your Concern: For my Part, I can run from Fire as faſt as any of you.

It would be cruel to mention the unfortunate K [...]t; and, I believe, ſince we live in an ac⯑quitting [30] Age, every Body is glad he was acquit⯑ted. I have heard, that all the Winter after the Battle of Preſton, he was carried about London in his Chair, with the Curtains drawn, to eſcape the Deriſion of the Mob; till the News of the Battle of Falkirk arrived, and then he pulled back the Curtains, and ſhowed his Face and his r [...] R [...] to all the World. Thus the Reputa⯑tion which the Hero of the Colt-Bridge was the chief Cauſe of depriving him of, the Hero of Falkirk, in a great Meaſure reſtored to him.

I need not inſiſt on the Mayor of Carliſle, Mr. Pattiſon (not Paterſon) who defended ſo glori⯑ouſly a fortified Town againſt the Rebels.

I ſhall only ſay, If all theſe Enormities paſs unpuniſhed, and Mr. Stewart alone the Victim, there are ſome People, to make Uſe of the Al⯑luſion of a witty Author, that reſemble very much the Monſter in Rabelais, that could ſwal⯑low a Wind-mill every Morning to Breakfaſt, and was at laſt choaked with a Pound of Freſh-Butter hot from an Oven.

I am, &c.