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 Oxford, after a protracted trial, was only saved in consequence of a differance between the Lords and Commons.

During the first year of King George, the Tories kept up very threatening popular disturbances in favor of High Church principles; but the Whigs, gaining a majority in the new House of Commons, were able to check this a little by the celebrated enactment called the Riot Act, which permits military force to be used in dispersing a crowd, after a certain space of time has been allowed. Disappointed in their hopes of office and power, and stung by the treatment of their leaders, the Tories resolved to attempt bringing in the Pretender by force of arms. With an eager hopefulness, which for a long time was characteristic of the party, they believed that all England and Scotland were ready to take up arms for the Pretender, when in reality there was but a limited portion of the people so inclined, and that portion unwilling to move if they saw the least risk or danger. Blind to these circumstances, and without design or concert, they commenced the unfortunate civil war of 1715.

The Earl of Mar, who had been a secretary of state in the late administration, raised his standard in Braemar (September 6), without any commission from the Pretender, and was soon joined by Highland clans to the amount of 10,000 men, who rendered him master of all Scotland north of the Forth. There, however, he weakly permitted himself to be cooped up by the Duke of Argyle, who with a far less numerous force, had posted himself at Stirling. Mar expected to be supported by an invasion of England by the Duke of Ormond, and a rising of the people of that country. But the Duke completely failed in his design, and no rising took place, except in Northumberland. There Mr. Foster, one of the members of Parliament for the county, and the Earl of Derwentwater, with some other nobleman, appeared in arms, but unsupported by any considerable portion of the people. Mar detached a party of 1800 foot, under Mackintosh of Borlum, to join the Northumbrian insurgents, who complained that they had no infantry. The junction was managed with great address; and at the same time some noblemen and gentlemen of the south of Scotland attached themselves to the southern army. The government was ill provided with troops but it nevertheless sent such a force against Mr. Foster, as obliged him to retire with his men into the town of Preston, in Lancashire, where, after an obstinate defense, the whole party (November 13) surrendered themselves prisoners at the king's mercy. On the same day, the Earl of Mar met the Duke of Argyle at Sheriffmuir, near Dumblane, where a battle was fought, in which, after the manner of the battles in the civil war, the right wing of each army was successful, but neither altogether victorious. The Duke withdrew in the face of his enemy to Stirling, and the earl retired to Perth, resolved to wait for the news of an invasion from France, and for the arrival of the Pretender, whom he had invited to Scotland.

Mar did not for some time become aware how little reason he had to expect support from France. Louis XIV, upon whom the hopes of the party greatly rested, had died in September, leaving the government to the Regent Orleans, who had strong personal reasons for wishing to cultivate the good-will of the British monarch, and of course declined to assist in the present enterprise. The Pretender, nevertheless, sailed for Scotland, and on the 22d of December, arrived incognito at Peterhead, bring