begun by the Irish archers. The panic of the van communicated itself to the main body, and passing thence to the rear. rendered the whole field a scene of confusion, terror, flight. and consternation. The English army perceived from the heights the condition of the Scots, and began the pursuit with loud shouts and acclamations, which added still more to the dismay of the vanquished. The horse in particular, eager to revenge the affront which they had received in the beginning of the day, did the most bloody execution on the flying enemy: and from the field of battle to Edinburgh, for the space of five miles, the whole ground was strowed with dead bodies. The priests, above all, and the monks, received no quarter; and the English made sport of slaughtering men who, from their extreme zeal and animosity, had engaged in an enterprise so ill befitting their profession. Few victories have been more decisive, or gained with smaller loss to the conquerors. There fell not two hundred of the English; and according to the most moderate computation, there perished above ten thousand of the Scots. About fifteen hundred were taken prisoners. This action was called the battle of Pinkey, from a nobleman's seat of that name in the neighborhood. The queen dowager and Arran fled to Stirling, and were scarcely able to collect such a body of forces as could check the incursions of small parties of the English. About the same time, the earl of Lenox and Lord Wharton entered the west marches, at the head of five thousand men; and after taking and plundering Annan, they spread devastation over all the neighboring counties.* Had Somerset prosecuted his advantages, he might have imposed what terms he pleased on the Scottish nation: but he was impatient to return to Eng. land, where, he heard, some counsellors, and even his own brother, the admiral, were carrying on cabals against his authority. Having taking the castles of Hume, Dunglass, Eymouth, Fastcastle, Roxborough, and some other small places, and having received the submission of some counties on the borders, he retired from Scotland. The fleet, besides destroying all the shipping along the coast, took Broughty, in the Frith of Tay; and having fortified it, they there left a garrison. Arran desired leave to send commissioners in order to treat of a peace; and Somerset, having appointed Berwick for the place of conference, left Warwick with full powers to *Holingshed, p. 992. negotiate but no commissioners from Scotland ever appeared The overture of the Scots was an artifice, to gain time till succors should arrive from France. The protector, on his arrival in England, summoned a par. liament and being somewhat elated with his success against the Scots, he procured from his nephew a patent, appointing him to sit on the throne, upon a stool or bench at the right hand of the king, and to enjoy the same honors and privileges that had usually been possessed by any prince of the blood, or uncle of the kings of England. In this patent the king employed his dispensing power, by setting aside the statute of precedency enacted during the former reign.* But if Somerset gave offence by assuming too much state, he deserves great praise on account of the laws passed this session, by which the rigor of former statutes was much mitigated, and some security given to the freedom of the constitution. All laws were repealed which extended the crime of treason beyond the statute of the twenty-fifth of Edward III.; † all laws enacted during the late reign extending the crime of felony; all the former laws against Lollardy or heresy, together with the statute of the six articles. None were to be accused for words, but within a month after they were spoken. By these repeals several of the most rigorous laws that ever had passed in England were annulled; and some dawn, both of civil and religious liberty, began to appear to the people. Heresy, however, was still a capital crime by the common law, and was subjected to the penalty of burning. Only there remained no precise standard by which that crime could be defined or determined; a circumstance which might either be advantageous or hurtful to public security, according to the disposition of the judges. A repeal also passed of that law, the destruction of all laws, by which the king's proclamation was made of equal force with a statute. That other law, likewise, was mitigated, by which the king was empowered to annul every statute passed before the four-and-twentieth year of his age: he could prevent their future execution; but could not recall any past effects which had ensued from them.S It was also enacted, that all who denied the king's supremacy, or asserted the pope's, should, for the first offence, forfeit their goods and chattels, and suffer imprisonment during Rymer, vol. xv. p. 164. 1 Edward VI. c. 12. § 1 Edward VI. c. 2. pleasure; for the sccond offence, should incur the penalty of a "præmunire; and for the third, be attainted of treason But if any, after the first of March ensuing, endeavored, by writing, printing, or any overt act or deed, to deprive the king of his estate or titles, particularly of his supremacy, or to confer them on any other, he was to be adjudged guilty of treason. If any of the heirs of the crown should usurp upon another, or endeavor to break the order of succession, it was declared treason in them, their aiders and abettors. These were the most considerable acts passed during this session. The members in general discovered a very passive disposition with regard to religion: some few appeared zealous for the reformation: others secretly harbored a strong propensity to the Catholic faith: but the greater part appeared willing to take any impression which they should receive from interest authority, or the reigning fashion.* The convocation met at the same time with the parliament and as it was found that their debates were at first cramped by the rigorous statute of the six articles, the king granted them a dispensation from that law, before it was repealed by parliament. The lower house of convocation applied to have liberty of sitting with the commons in parliament; or if this privilege were refused them, which they claimed as their ancient right, they desired that no law regarding religion might pass in parliament without their consent and approbation. But the principles which now prevailed were more favorable to the civil than to the ecclesiastical power; and this demand of the convocation was rejected. [1548.] The protector had assented to the repeal of that law which gave to the king's proclamations the authority of statutes; but he did not intend to renounce that arbitrary or discretionary exercise of power, in issuing proclamations, which had ever been assumed by the crown, and which it is difficult to distinguish exactly from a full legislative power. He even continued to exert this authority in some particulars, which were then regarded as the most momentous. Orders were issued by coun cil, that candles should no longer be carried about on Candlemas day, ashes or. Ash Wednesday, palms on Palm Sunday.‡ These were ancient religious practices, now termed superstitions; though it is fortunate for mankind, when superstition happens to take a direction so innocent and inoffensive. The *Heylin, p. 48. Ant. Brit. p. 339. Burnet, vol. ii p. 59. Collier, vol. ii. p. 241. Heylin, p. 66. severe disposition which naturally attends all reformers prompted likewise the council to abolish some gay and showy ceremonies which belonged to the ancient religion.* An order was also issued by council for the removal of all images from the churches; an innovation which was much desired by the reformers, and which alone, with regard to the populace, amounted almost to a total change of the established religion. An attempt had been made to separate the use of images from their abuse, the reverence from the worship of them; but the execution of this design was found, upon trial, very difficult, if not wholly impracticable. As private masses were abolished by law, it became necessary to compose a new communion service; and the council went so far, in the preface which they prefixed to this work, as to leave the practice of auricular confession wholly indifferent. This was a prelude to the entire abolition of that invention, one of the most powerful engines that ever was contrived for degrading the laity, and giving their spiritual guides an entire ascendant over them. And it may justly be said, that, though the priest's absolution, which attends confession, serves somewhat to ease weak minds from the immediate agonies of superstitious terror, it operates only by enforcing superstition tself, and thereby preparing the mind for a more violent relapse into the same disorders. The people were at that time extremely distracted by the opposite opinions of their preachers; and as they were totally unable to judge of the reasons advanced on either side, and naturally regarded every thing which they heard at church as of equal authority, a great confusion and fluctuation resulted fron this uncertainty. The council had first endeavored to remedy the inconvenience by laying some restraints on preaching; but finding this expedient ineffectual, they imposed a total silence on the preachers, and thereby put an end at once to all the polemics of the pulpit. By the nature of things, this restraint could only be temporary. For in proportion as the ceremonies of public worship, its shows and exterior observances, were retrenched by the reformers, the people were inclined to contract a stronger attachment to sermons, whence alone they received any occupation or amusement. The ancient religion, by giving its votaries something to do, freed Burnet, vol. ii. + Burnet, vol. ii. p. 60. Collier, vol. ii. p. 241. Heylin, p. 55. them froin the trouble of thinking: sermons were delivered only in the principal churches, and at some particular fasts and festivals and the practice of haranguing the popu lace, which, if abused, is so powerful an incitement to faction and sedition, had much less scope and influence during those ages. The greater progress was made towards a reformation in England, the farther did the protector find himself from all prospect of completing the union with Scotland; and the queen dowager, as well as the clergy, became the more averse to all alliance with a nation which had so far departed from all ancient principles. Somerset, having taken the town of Haddington, had ordered it to be strongly garrisoned and fortified by Lord Grey: he also erected some fortifications at Lauder; and he hoped that these two places, together with Broughty and some smaller fortresses which were in the hands of the English, would serve as a curb on Scotland, and would give him access into the heart of the country. Arran, being disappointed in some attempts on Broughty, relied chiefly on the succors expected from France for the recovery of these places; and they arrived at last in the frith, to the number of six thousand men; half of them Germans. They were commanded by Dessé, and under him by Andelot, Strozzi, Meilleraye, and Count Rhingrave. The Scots were at that time so sunk by their misfortunes, that five hundred English horse were able to ravage the whole country without resistance, and make inroads to the gates of the capital: but on the appearance of the French succors, they collected more courage; and having joined Dessé with a considerable reënforcement, they laid siege to Haddington. This was an undertaking for which they were by themselves totally unfit; and even with the assistance of the French, they placed their chief hopes of success in starving the garrison. After some vain attempts to take the place by a regular siege, the blockade was formed, and the garrison was repulsed with loss in several sallies which they made upon the besiegers. nor The hostile attempts which the late king and the protector had made against Scotland, not heing steady, regular, pushed to the last extremity, had served only to imitate the pation, and to inspire them with the strongest aversion to that * Beagué, Hist. of the Campaigns, 1548 and 1549, p. 6. |