The van of the Covenanters was led by Montrose, who was the first to

plunge into the river at Coldstream, at the head of his battalions—his

secret alienation from the cause of the Covenant not having yet been

discovered. In order to break the force of the current, and lessen its

pressure on the infantry who waded it, Sir Thomas Hope, the King’s

Lord Advocate, at the head of the College of Justice troop of cavalry,

passed the river a little above them; and, having forded the river

in two columns, (one of them a little below the other,) the Scottish

army entered England as open enemies of their King. They encamped that

night at Hirslaw, whence, next morning, they marched southwards, and

encamped on Misfield Moor, and in the adjacent villages. On the 22d

of August, they marched to Middleton Haugh, near Wooller, where they

were attacked by some of the King’s troops from Berwick; but these

were speedily repulsed, and some of them taken prisoners. Next day,

(23d,) being a Sunday, they moved to Branton Field, after sermon;

and, next day, encamped on a hill betwixt the new and old towns of

Eglingham or Eglintown. On the 25th, they marched from thence, and

encamped at Nether Wotten—on the 26th, at Criech—and, on the 27th, at

Newburn-upon-Tyne, about four miles west from Newcastle. It may here be

noticed, that, on entering England, the Covenanters published certain

“Considerations,” in justification of their expedition.[258]

Not expecting, perhaps, such decisive courses as the Covenanters had

now taken, the English levies were not yet fully prepared for the

rencontre. In the month of July, the army was quartered chiefly in

Yorkshire, on its route northward to Newcastle, where Lord Conway

had his headquarters. On the 15th of August, that officer, who was

General of the Cavalry, but at this time in the chief command, received

intelligence of the intentions of the Scotch, and immediately wrote in

great haste to Secretary Windebanke, warning the King of their certain

approach.[260] On the 20th, the King set out hurriedly from

London, in consequence of this information, and issued a proclamation

the very day the Scotch had entered England, declaring that “all those

of Scotland who have already entred, or hereafter shall presume to

enter in an hostile manner into any part of the kingdom of England, and

their adherents, assistants, and others, who shall supply them with

money, &c., shall be adjudged traitors against his Majesty, his crown

and dignity, and incur the penalties of high treason;” but declaring

that he would forgive them if they would return to obedience, “and

professeth it before God and the world, as often formerly and in his

late declaration he hath done, that he never did nor will hinder his

subjects of Scotland from the enjoying of their religion and liberties,

according to the ecclesiastical, civil, and municipal laws of that

kingdom, and according to his promise and their desires, subscribed by

themselves at the Pacification,”[259] &c. This proclamation just left

matters precisely as they stood, on a vague foundation, such as they

were under the pacification of the last year, but gave no sanction,

on the part of the King, to the sweeping enactments of the Estates in

Scotland; and it had no effect.

On the 27th of August, the King, as well as Strafford, being then at

York, exerting themselves to raise the requisite supplies of money, the

latter dispatched a pacquet of instructions to Conway at Newcastle,

the Scotch army being posted in its vicinity. Rushworth, the compiler

of the Historical Collections, accompanied the courier who bore the

pacquet, and he states that, on their arrival at Newcastle, they learnt

that Conway had gone to the army near Newburn, whither they immediately

went and found the General holding a Council of War with his Field

Officers, about half a mile from the troops. On opening his dispatches,

these contained orders to prepare the army for an engagement with the

Scotch; and while the Council was in deliberation, a herald arrived

“in all haste from the army, to acquaint the Lord Conway and Council

of War, that the army was already engaged with the Scots, which seemed

strange to them, because orders were given not to fight but upon the

defence; but the Council of War suddenly broke up and hastened to the

army.”[260]

When the Scotch army reached Newburn, on the 27th, a drummer had been

sent to the English cantonments with certain despatches, but was

driven back with them before reaching Newcastle; and the same evening

the Scotch pitched their tents on Heddon-Law, above Newburn, from

whence there was a declivity towards the river. During the night, they

set fires all around their camp, which gave it the appearance of a

vast extent; and, during the same night, a part of the King’s army,

consisting of 3000 foot and 1500 horse, was drawn up in a meadow on

the south side of the Tyne, called Newburn-Haugh, or Stella-Haugh, to

oppose the Scotch passing the river during the night. There were two

breastworks raised by the English, opposite to the two fords which the

Scotch might pass at low water; and in each of these sconces were 400

men, with four field pieces. During all that night and the following

day, the English troops were under arms, guarding the passage of the

river, until an engagement commenced in the following manner:—the

Scotch, having the vantage position, could see from their heights the

whole force and disposition of the English army, they planted cannon

in Newburn church steeple, and their infantry in the church, houses,

lanes, and hedges.

While the opposing hosts were thus watching each other, and preparing

for the fray, the horses from both armies were watered in the river

during the forenoon of the 28th, without molestation on either side.

But a Scotch officer, well mounted, with a feather in his hat, having

gone to the river to water his horse, an English soldier, who had

noticed that the officer eyed the sconces, fired upon and wounded him.

He fell from his horse; on which the Scotch Musqueteers opened a fire

on the English, and speedily the artillery on both sides, as well as

the musketry, was brought into full play.

The fight continued till the tide had ebbed, and the river was left

fordable; and, by this time, the Scotch cannon had made a breach in

one of the breastworks, and many of the English were killed. Finally,

notwithstanding the utmost efforts of the English officers, the men

threw down their arms and fled, being exhausted with unintermitted

service all the day and previous night, under arms and in the battle.

The Scotch commander, seeing from his height, this discomfiture of his

antagonists at one point, ordered a forlorn party of twenty-six, being

gentlemen of the College of Justice troop, to pass the river, which

they did rapidly, their orders being to discover the plight of the

other breast-work not yet silenced. But a brisk fire was kept up on it;

and at length the English were compelled to retreat from it also; on

which more cavalry, commanded by Sir Thomas Hope, and two regiments of

foot, commanded by Lords Crauford-Lindsey and Loudoun, waded through

the river. Simultaneously with this movement, Leslie opened a battery

on the English cavalry, exposed to the range of his guns; and speedily

a retreat was sounded. A portion of the cavalry attempted to cover the

retreat up Ritan and Stella Banks; but the Scotch having now passed

the ford in sufficient numbers, overpowered and took them prisoners.

The loss in this skirmish was inconsiderable—only about sixty of the

English having been killed, although, doubtless, many were wounded. The

accounts, however, on this point do not agree.

The English army effected its retreat to Newcastle; and at midnight

a council of war was held, when it was resolved that the whole army

should retreat to Durham, which it did next morning (29th) at five

o’clock, leaving Newcastle unprotected and open to the Scotch troops.

During the afternoon of that day, Douglas, Sheriff of Teviotdale, went

with a trumpet and some troops of cavalry to the gates of Newcastle,

demanding a surrender; and being threatened with some batteries of

ordnance, the Mayor, after some parly, opened the gates. “Next day,

being Sunday, fifteen [Scotch] Lords and Douglas came and dined with

the Mayor—drank a health to the King—had their sermons that day by

their own divines;” and on Monday, Leslie, pitched his camp on Gateside

hill, in the vicinity of Newcastle.[261]

Having thus obtained decisive success in their first enterprise, and

an advantageous position, the Scotch leaders availed themselves of

their victory, but with moderation. They agreed for supplies, which

they required, but gave money in part, and security for the balance.

Their occupation of Newcastle, however, and the retreat of the King’s

army, produced the greatest consternation. Of the ten thousand persons

employed in the coal mines, not a man was to be seen. Four or five

hundred vessels, employed in the coal trade, either sailed from the

river, or refrained from entering it, when they discovered the state

of matters; and for several days all the shops were shut, and many

families fled, leaving their houses and property at the mercy of the

Scotch. The panic spread to Durham, where the shops were all shut, and

not one house in ten was occupied by its possessors, who had fled for

safety. The English army continued its retreat from Durham towards

York. The Bishop and clergy of Durham, too, all fled; among whom was Dr

Balcanquell, who had no desire, it is to be presumed, to experience the

tender mercies of the Sheriff of Teviotdale and Lord Kirkcudbright, or

the spiritual consolations of “Master Andro Cant.”

The news of this defeat reached Strafford at Darlington the day after.

He was on his way to join the army before any engagement should take

place. But he now sent orders to the troops, in full retreat, to rally

and concentrate in Yorkshire. The King had, at that time, reached

Northallerton on his way to the army; but, on learning the unfortunate

issue of the first conflict, he immediately returned to York; and next

day Strafford issued an order to the soldiers to destroy all millstones

on their retreat.

When the Royal army was mustered at York, it was found to amount to

17,383; and, on the 31st of August, the King issued a summons to all

the Lords, spiritual and temporal, and other Nobles, to attend his

Majesty at York, and, the same day, issued an order to the Earl of

Craufurd to engage a hundred Scotch officers in his service.

On the 4th of September, his Majesty received a Petition from the

Commissioners of the late Parliament in Scotland, in a letter to the

Earl of Lanerick, to which an answer was next day returned;[262]

and, on the 7th, a writ was issued summoning a council of the Peers

at York, upon, the 24th of the month.[263] Upon the 8th, the Scotch

Commissioners sent a second letter to Lanerick; and, on the 9th, they

sent another to the Lord Mayor and Aldermen of London, setting forth

the objects and purposes of their expedition; and, about the same time,

the Earl of Essex and other Noblemen, and the Citizens of London,

also applied, by petition, to his Majesty to call a Parliament, which

last the Privy Council endeavoured, in vain, to quash. The purport of

all these documents, will be most satisfactorily seen in the writings

themselves;[264] and the result of the whole was, that the King

appointed Commissioners to meet others from the Scotch at Rippon, to

treat of peace, and called a Parliament for the 3d of November. The

negotiations were afterwards transferred to London; and the combined

movements of the English and Scottish malcontents ultimately ended

in a great revolution throughout the British empire, of which it is

difficult, even in later times, to predicate whether the evils or the

benefits preponderated.

The negotiations at Rippon commenced on the 1st of October, and, on

the 23d of that month, were transferred to London, that the English

Noblemen might attend the Parliament summoned to meet there, in the

beginning of November; and a cessation of hostilities was agreed

on.[265] It is needless here to enumerate all the points of treaty,

which were necessarily very numerous and complicated. From that affair,

therefore, we turn, for a brief space, to the proceedings in the Long

Parliament of England, which was opened by the King on the 3d of

November, and in which, the discontented party having a preponderance,

proceeded at once to the most decisive courses.

Strafford, by his energy and decision of character, although he had

governed Ireland for eight years with great advantage to the State,

became peculiarly obnoxious to the malcontents, English, Scottish,

and Irish, by reason of his devotion to the King’s service, and his

high talents and vigour. Whenever, therefore, he appeared in London,

a vehement and preconcerted attack was made upon him in the House of

Commons, on the 11th of November. Pym led on the attack, imputing it

to Strafford that he was one of the chief among those who had formed a

deliberate plan for changing the form of Government, and subverting the

ancient laws and liberties of the kingdom; and, after various elaborate

invectives, it was moved that he should be immediately impeached for

high treason. This motion was unanimously adopted, nor was even one man

found who had the moral courage to utter a word in his defence. The

impeachment was instantly voted and carried to the upper house, where

Strafford, who had just entered, unaware of what had been secretly

carried through in the other house, and who had come to London under

a royal guarantee that the Parliament should not touch a hair of his

head, was ordered into custody; and soon after Laud was similarly

treated, and, with Strafford, sent to the Tower.

It belongs to the History of England to trace these and other

proceedings of the Long Parliament to their issues; but one of the

immediate effects was a close alliance betwixt the leaders of the

Opposition and the Scottish Commissioners then in London, with whom

they made common cause against the King and his supporters. Rothes,

Loudoun, and other Scottish Statesmen, with an auxiliary force of

clergymen, availed themselves of this alliance; and, while in London,

busied themselves, not exclusively in effecting a favourable conclusion

to the treaty, but in preaching and intriguing for the subversion of

the English hierarchy and planting Presbytery in its stead; and they

joined their moiety of accusations against Strafford and Laud, before

the English Parliament, as incendiaries and prime causes of all their

own grievances. They were not inattentive, however, to the business

of their mission, and made various demands in the negotiations, of

very considerable importance:—That the Acts of the late Parliament of

Scotland should be ratified and published by the King; that public

incendiaries, who had excited hostilities betwixt the two kingdoms,

should be referred to the judgment of the respective Parliaments, and

not afterwards exempted from the punishments which might be awarded;

and these, with some subordinate matters about indemnification for

losses, &c., constituted the particulars for which they contended. To

these demands the King was, at length, (15th December,) constrained

to yield by the necessity of his circumstances; and thus his

favourite Episcopacy was not only overthrown in Scotland, but shaken

to its foundation in England; the royal prerogatives were virtually

relinquished; and the whole power of the State vested in the democratic

oligarchies of both kingdoms, under the guidance of aristocratical

leaders; and every man who had hazarded life and fortune, in what he

deemed a loyal adherence to his Sovereign, was thus delivered over to

the arbitrary power of these semi-republican Conventions. Among other

boons conferred on the Scottish by the English Parliament, was the sum

of £300,000 for “brotherly assistance”—a subsidy which was by many

understood, not merely as an indemnification for the expense of their

expeditions, but as a consideration, for similar instances of fraternal

aid, should the malcontent party in England require it on some future

occasion.[266]

The final pacification, however, was not concluded till the 7th of

August, 1641, when both armies were immediately disbanded; but during

the dependence of the treaty, the General Assembly, of the year 1641,

met at St Andrew’s, on Tuesday the 20th of July—John Earl of Weymes

being the King’s Commissioner. A deputation from the Parliament having

craved that its sittings should be transferred to Edinburgh, their

request was complied with; and an adjournment to that city, where its

next sederunt was appointed to be held on the 27th, took place. At

the adjourned meeting, Mr Alexander Henderson was once more chosen

Moderator.

We may just remark, that, during the protracted negotiations now

alluded to, the Scottish Commissioners and Ministers, in the moat

indecent manner, exerted themselves to overthrow the Church of England.

Henderson and Gillespie wrote and published tractates against it. They

openly approved of what was called the “Root and Branch Petition” of

the English nonconformists, and went the length of presenting to the

King a paper, in which they demanded “unity of religion and uniformity

of Church government”—in other words, the adoption of the Presbyterian

Covenant, and the coercive edicts for its adoption; thus violating

their duty as negotiators for the affairs of Scotland only, and

invading the rights and privileges of an independent nation; fostering

the spirit of intolerance and revolution; and propelling the movement

in which the Throne and both the Protestant Churches were, for many sad

years, involved in one common ruin.

This intrusion, by the Scotch Covenanters, into the internal affairs

of England, and their zealous exertions for the overthrow of its

ecclesiastical establishment, and the destruction of Strafford and

Laud, is one part of their conduct of which we have never seen any

tenable defence, and which, on every sound principle of international

law, was altogether unwarrantable, and incapable of justification.

Whatever be the relative merits of Episcopacy and Presbytery,

whatever the misdemeanours of Strafford, of Laud, or of other English

counsellors of the King—these were matters with which the Scottish

Commissioners, in their diplomatic character as the ambassadors of

Scotland, had no earthly warrant to intermeddle. Strafford and Laud

were the sworn Privy Councillors of England; and whether the advice

they gave in that capacity, or the services which they rendered to the

King, were, in the opinion of these Scotchmen, right or wrong—they were

responsible only to their Sovereign, and not amenable to the English

Parliament at the instance of any knot of foreigners, who had no title,

under any theory of the law of nations ever yet recognised, to impeach

men in such circumstances. The whole proceedings against Strafford were

an utter disgrace to the Parliament of England. He was not accused

of any single offence which subjected him, under the well-defined

law of England, to the penalties of high treason, wherewithal a bill

of attainder charged him; and the first principles of all civilized

jurisprudence were grossly outraged in the judgment by which,

although each item of imputed offence was found insufficient, yet, by

accumulating them all, they were _construed_ to amount to that crime.

But Strafford was a doomed man; the first victim of that reign of

terror which thus commenced—consigning to the scaffold a brave, loyal,

and splendid man, in violation of every principle of universe as well

as of municipal law—robbing the monarch of his brightest attribute—and

plunging the two kingdoms into the vortex of a fierce democracy, which

henceforward filled the land with tyranny and hypocricy under the mask

of Religion and Liberty. In the guilt of that foul judicial murder, the

leaders of the Scotch Covenanters were deeply implicated; and we record

the fact with shame and sorrow, upon grounds of historical evidence

which we believe cannot be shaken.

Before reprinting the Acts of Assembly 1641, it may be proper to note,

cursorily, the general proceedings of the previous year, which either

do not appear at all, or but partially, in the printed Acts of that

Assembly.

1. The greater part of the Assembly’s time was occupied in the

transportation of ministers, about which the patrons, presbyteries, and

parishes had many keen contests. Amongst others, Andro Cant was removed

from Newbottle to Aberdeen, and Robert Ramsay to Glasgow.

2. Rigorous proceedings were adopted against the Aberdeen Doctors

who had repudiated the Covenant. Dr Sibbald was deposed for alleged

heterodoxy and contumacy, and was ordained to be further proceeded

against, if he did not give speedy satisfaction. Doctors Forbes and

Scroggie were found guilty of Arminianism, &c., but were allowed a year

to repent; and a new Commission on the College was appointed.

3. Besides passing Acts against the profanation of the Sabbath,

witches, and idolatrous monuments, the Elders and Magistrates of Burghs

were directed to attend the Presbyteries of the Church, for the more

effectual enforcement of their decrees by the concurrence of civil

authority.

4. The controversy was agitated about Private Conventicles, of which

Baillie gives a minute account.[267]

* * * * *

THE PRINCIPALL ACTS

OF THE GENERALL ASSEMBLY HOLDEN AT ST ANDREWS

AND EDINBURGH, 1641.

Sess. I. 20 July 1641.

Iohn Earle of Weymes, His Majesties commissioner, presented His

Majesties Letter to the Assembly, whereof the tenor followeth.

CHARLES R.

Trustie and welbeloved, Wee greet you well. It is no small part of Our

Royall care and desires, that the true Reformed Religion, wherein by

the grace of God, We resolve to live and dye, be settled peaceably in

that Our ancient and native Kingdome of Scotland, and that the same be

truly taught, and universally received and professed by Our Subjects

there, of all degrees. For preventing of all division and trouble

hereafter, We did intend in Our Own Royall Person, to have been present

at this Assembly; but conceiving it to be unfitting, to detaine the

Ministers from their particular charges, till the time of Our coming

to the Parliament, We have resolved to make knowne unto you by these,

and by Our Commissioner, That in the approching Parliament, it is Our

intention by Our authority, to ratifie and confirm the Constitutions

of the late Assembly at Edinburgh, that they may be obeyed by all

Our Subjects living in that Our Kingdome. And that We will take into

Our Royall consideration, by what meanes the Churches belonging to

Our presentation, when any of them shall happen to vaik, may be best

provided with well qualified Preachers: Like as We are not unwilling

to grant presentations unto such as in these times of trouble have

entred into the Ministerie, providing they have been examined by the

Presbyteries, and approved by them: Because We want not Our own feares

of the decay of Learning in that Church and Kingdome, We intend also

to consider of the best meanes for helping the Schooles and Colledges

of Learning especially of Divinity, that there may be such a number

of Preachers there, as that each Parish having a Minister, and the

Gospel being preached in the most remote parts of the kingdome, all

Our Subjects may taste of Our care in that kinde, and have more and

more cause to blesse God that we are set over them. And, finally, so

tender is Our care, that it shall not be Our fault if the Churches and

Colledges there flourish not in Learning and Religion: For which Royall

testimonie of Our goodnesse, We require nothing upon your part, but

that which God hath bound you unto, even that you be faithfull in the

charge committed unto you, and care for the soules of the people: That

you study Peace and Unity amongst your selves, and amongst the people,

against all Schisme and Faction; and that you not only pray for Us, but

that you teach the People, which We trust are not unwilling to pay that

honour and obedience which they owe unto Us, as his Vicegerent set over

them, for their good; wherein We expect you will by your good example

goe before them. Which hoping you will doe, We bid you farewell. From

Our Court at Whitehall, the 10 day of July 1641.

* * * * *

Sess. III. 28 July 1641.

_Act approving the Overtures of the Assembly at Aberdene, for ordering

the Assembly-House._

The Overtures for ordering the Assembly-House, given in to, and

approved by the Assembly of Aberdene the 29 July 1640, Act Sess. 2,

were openly read, and again approved by this Assembly, and ordained to

be kept the whole time thereof.

* * * * *

Sess. V. 30 July 1641.

_Act anent old Ministers bruiking their Benefices._

Records of the Kirk of Scotland containing the Acts and Proceedings of the General Assemblies from 1638 downwards, as authenticated by the clerks of assembly. · 第 77 / 186 段