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It was now about three o'clock in the afternoon, and the Highlanders, seeing that the English did not advance against them, clamoured to be led to the attack. Prince Charles was himself eager to fight, but his generals persuaded him to abstain from attacking the English in such a formidable position. The Highlanders, however, fearing that the English would again avoid a battle, were not satisfied until Lord Nairn with five hundred men was detached to the westward to prevent the English from marching off towards Edinburgh.

During the night the two armies lay upon the ground. Cope retired to sleep at Cockenzie, the prince lay down in the middle of his soldiers. Before doing so, however, he held a council, and determined to attack next morning in spite of the difficulty of the morass. But in the course of the night Anderson of Whitburg, a gentleman well acquainted with the country, bethought himself of a path from the height towards their right by the farm of Ruigan Head, which in a great measure avoided the morass. This important fact he imparted to Lord George Murray, who at once awoke the prince.

Locheil and some other chiefs were sent for, and it was determined to undertake the enterprise at once. An aide de camp was sent to recall Lord Nairn and his detachment, and under the guidance of Anderson the troops made their way across the morass. This was not, however, accomplished without great difficulty, as in some places they sank knee deep. The march was unopposed, and covered by the darkness they made their way across to firm ground just as the day was breaking dull and foggy. As they did so, however, the dragoon outposts heard the sound of their march, and firing their pistols galloped off to give the alarm. Sir John Cope lost no time facing his troops about, and forming them in order of battle. He was undisturbed while doing so, for the Highlanders were similarly occupied.

As the sun rose the mist cleared away, and the two armies stood face to face. The Macdonalds had been granted the post of honour on the Highland right, the line being completed by the Camerons and Stuarts, Prince Charles with the second line being close behind. The Highlanders uncovered their heads, uttered a short prayer, and then as the pipers blew the signal they rushed forward, each clan in a separate mass, and raising their war cry, the Camerons and Stuarts rushed straight at the cannon on the left.

These guns were served, not by Royal Artillerymen, but by some seamen brought by Cope from the fleet. They, panic struck by the wild rush of the Highlanders, deserted their guns and fled in all directions. Colonel Gardiner called upon his dragoons to follow him, and with his officers led them to the charge. But the Stuarts and Camerons, pouring in a volley from their muskets, charged them with their broadswords, and the dragoons, panic stricken, turned their horses and galloped off.

The Macdonalds on the right had similarly captured three guns, and charging with similar fury upon Hamilton's regiment of dragoons, drove them off the field; Macgregor's company, who, for want of other weapons were armed with scythes, doing terrible execution among the horses and their riders. The English infantry, deserted by their cavalry, and with their guns lost, still stood firm, and poured a heavy fire into the Highlanders; but these, as soon as they had defeated the cavalry, faced round and charged with fury upon both flanks of the infantry. Their onslaught was irresistible. The heavy masses of the clans broke right through the long line of the English infantry, and drove the latter backward in utter confusion. But the retreat was impeded by the inclosure and park wall of Preston, and the Highlanders pressing on, the greater portion of the English infantry were killed or taken prisoners.

A hundred and seventy of the infantry alone succeeded in making their escape, four hundred were killed, and the rest captured. Colonel Gardiner and many of his officers were killed fighting bravely, but the loss of the dragoons was small. Only thirty of the Highlanders were killed, and seventy wounded. The battle lasted but six minutes, and the moment it had terminated Prince Charles exerted himself to the utmost to obtain mercy for the vanquished.

He treated the prisoners with the greatest kindness and consideration, and the wounded were relieved without any distinction of friend or foe. The dragoons fled to Edinburgh, and dashed up the hill to the castle; but the governor refused to admit them, and threatened to open his guns upon them as cowards who had deserted their colours. Later on in the day the greater portion were rallied by Sir John Cope and the Earls of Loudon and Home; but being seized with a fresh panic they galloped on again at full speed as far as Coldstream, and the next morning continued their flight in a state of disgraceful disorder as far as Berwick. The contents of the treasure chest, consisting of two thousand five hundred pounds, with the standards and other trophies, were brought to Prince Charles. The rest of the spoil was divided among the Highlanders, of whom a great number immediately set off towards their homes to place the articles they had gathered in safety.

So greatly was the Highland army weakened by the number of men who thus left the ranks that the prince was unable to carry out his wish for an instant advance into England. His advisers, indeed, were opposed to this measure, urging that in a short time his force would be swelled by thousands from all parts of Scotland; but unquestionably his own view was the correct one, and had he marched south he would probably have met with no resistance whatever on his march to London. There were but few troops in England. A requisition had been sent to the Dutch by King George for the six thousand auxiliaries they were bound to furnish, and a resolution was taken to recall ten English regiments home from Flanders.

Marshal Wade was directed to collect as many troops as he could at Newcastle, and the militia of several counties was called out; but the people in no degree responded to the efforts of the government. They looked on coldly, not indeed apparently favouring the rebellion, but as little disposed to take part against it. The state of public feeling was described at the time by a member of the administration, Henry Fox, in a private letter.

“England, Wade says, and I believe, is for the first comer, and if you can tell me whether these six thousand Dutch and the ten battalions of England, or five thousand French or Spaniards, will be here first, you know our fate. The French are not come, God be thanked; but had five thousand landed in any part of this island a week ago, I verily believe the entire conquest would not have cost a battle.”

The prince indeed was doing his best to obtain assistance from France, conscious how much his final success depended upon French succour.

King Louis for a time appeared favourable. The prince's brother, Henry of York, had arrived from Rome, and the king proposed to place him at the head of the Irish regiments in the king's service and several others to enable him to effect a landing in England; but with his usual insincerity the French king continued to raise difficulties and cause delays until it was too late, and he thus lost for ever the chance of placing the family who had always been warm friends of France, and who would in the event of success have been his natural friends and allies, on the throne of England.

In the meantime Prince Charles had taken up his abode in Edinburgh, where he was joined by most of the gentry of Scotland. He was proclaimed king in almost every town of the Tweed, and was master of all Scotland, save some districts beyond Inverness, the Highland forts, and the castles of Edinburgh and Stirling.. Prince Charles behaved with the greatest moderation. He forbade all public rejoicing for victory, saying that he could not rejoice over the loss which his father's misguided subjects had sustained. He abstained from any attempt to capture Edinburgh Castle, or even to cut off its supplies, because the general of the castle threatened that unless he were allowed to obtain provisions he would fire upon the city and lay it in ruins, and he even refused to interfere with a Scotch minister who continued from his pulpit to pray for King George.