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THREE:The Duke of Cumberland, being called southward, had got General Hawley appointed to the command of the army sent after the Young Pretender. Wade was become too old and dilatory, but Hawley was much fitter for a hangman than a general. Horace Walpole says he was called "the Lord Chief Justice," because, like Jeffreys, he had a passion for executions; that when the surgeons solicited the body of a deserter, which was dangling before Hawley's windows, for dissection, he would only consent on condition that he had the skeleton to ornament the guard room. Hearing of his approach, Charles drew in his forces from Falkirk under Lord George, left a few hundred men to blockade Stirling, and concentrated his army on the renowned field of Bannockburn. On the 16th of January Charles, expecting Hawley, drew up his forces, but no enemy appeared. The next day, still perceiving no Hawley, he advanced to Pleanmuir, two miles east of Bannockburn, and on the way to Torwood. No enemy yet appearing, the prince determined to advance and find him out. Hawley was so confident of dispersing the Highland rabble at any moment that he chose, that he had neglected every military precaution, had fixed no outposts, and was away at Callander House, at some distance from the field, comfortably taking luncheon with Lady Kilmarnock, whose husband was in the rebel army, and who was exerting all her powers of pleasing to detain the foolish general as long as possible. At length, when the rebels had come up so near that there was only Falkirk Moor between the armies, Hawley, roused by fresh messengers, came galloping up without his hat, and in the utmost confusion. In the middle of this rugged and uneven moor, covered with heath, rose a considerable ridge, and it appeared to be a race between the two enemies which should gain the advantage of the summit. On the one side galloped the English cavalry, on the other sped the Highlanders, straining for this important height; but the fleet-footed Gael won the ground from the English horse, and Hawley's horse halted a little below them. Neither of the armies had any artillery, for the Highlanders had left theirs behind in their rapid advance, and Hawley's had stuck fast in the bog. So far they were equal; but the prince, by taking a side route, had thrown the wind in the teeth of the English, and a storm of rain began with confounding violence to beat in their faces. The English cavalry remained, as it had galloped up, in front, commanded, since the death of Gardiner, by Colonel Ligonier, and the infantry formed, like the Highlanders, in two lines, the right commanded by General Huske, and the left by Hawley. Behind, as a reserve, stood the Glasgow regiment and the Argyll militia. The order being given, the cavalry under Ligonier charged the Macdonalds, who coolly waited till the English horse was within ten yards of them, when they poured such a murderous volley into them as dropped a frightful number from their saddles, and threw the whole line into confusion. The Frasers immediately poured an equally galling cross-fire into the startled line, and the two dragoon regiments which had fled at Coltbridge and Prestonpans waited no longer, but wheeling round, galloped from the field at their best speed. The Macdonalds, seeing the effect of their fire, in spite of Lord George Murray's endeavours to keep them in order, rushed forward, loading their pieces as they ran, and fell upon Hawley's two columns of infantry. Having discharged their pieces, they ran in upon the English with their targets and broadswords. The left soon gave way, and Hawley, who had got involved in the crowd of flying horse, had been swept with them down the hill, and thus had no means of keeping them to their colours. On the right of the royal army, however, the infantry stood firm, and as the Highlanders could not cross the ravine to come to close quarters with sword and target, they inflicted severe slaughter upon them; and Cobham's cavalry rallying, soon came to their aid and protected their flank, and[104] increased the effect on the Highlanders, many of whom began to run, imagining that the day was lost. Charles, from his elevated position observing this extraordinary state of things, advanced at the head of his second line, and checked the advance of the English right, and, after some sharp fighting, compelled them to a retreat. But in this case it was only a retreat, not a flight. These regiments retired, with drums beating and colours flying, in perfect order. A pursuit of cavalry might still have been made, but the retreat of the English was so prompt, that the Highlanders suspected a stratagem; and it was only when their scouts brought them word that they had evacuated Falkirk that they understood their full success (January 18, 1746).Up to this point, the whole Government and magistracy seemed as much stupefied as the poor wretches who had perished in the flames of the distillery. The king was the first to awake from this fatal lethargy. He summoned a Council on the morning of the 7th of June, at which he presided, and demanded what they had to propose for the suppression of these disorders. At the king's question the Cabinet appeared dumb-foundered. It was the general opinion that no officer could proceed to extremities against a mob, however it might be breaking the law, until an hour after the Riot Act had been read by a magistrate. This was a monstrous perversion of the meaning of that Act; but, had even this been zealously followed out, the riots must have been promptly suppressed. Luckily, at this moment Wedderburn, the Attorney-General, answered the king's interrogation boldly, that the Riot Act bore no such construction as was put upon it. In his opinion, no single hour was required for the dispersion of a mob after the reading of the Riot Act; and not even the reading of the Act at all was necessary for the authorisation of military force where a mob was found actually committing a felony by firing a dwelling-house, and could not be restrained by other means. Encouraged by Wedderburn's contention, the king declared that that had always been his own opinion, and that now he would act upon it. There should be, at least, one magistrate in the kingdom who would do his duty. The Council, gathering courage, then concurred, and a proclamation was issued, warning all householders to keep within doors with their families, the king's officers being now ordered to put down the riots by military execution, without waiting for any further reading of the Riot Act.