_February 2._ Act discharging the Printing of anything concerning

Religion or the Kirk without License, p. 215. Act anent Non-Covenanting

Patrons. _Ib._ Act for founding Schools in every Parish, p. 216. Act

discharging the Printing of Books, Chronicles, or Libels without

License. _Ib._

_February 3._ Act in favour of the University of St Andrew’s, and anent

the Creditors of Sir Robert Spottiswood, p. 228.

_February 11._ Act Discharging the Printing of anything concerning

Religion or the Kirk, without License of the General Assembly or

Commissioners, p. 215. Act anent Non-Covenanting Patrons. _Ib._ Act for

founding Schools in every Parish, p. 216. Act discharging the Printing

of Books, &c., applicable to all Publications “concerning the State

of the Kingdom for ages past, without Warrant or Allowance for that

effect,” from the Secretary of State or Supreme Judicatories, without

prejudice to the Act in favour of the Kirk, p. 217.

THE

GENERAL ASSEMBLY,

AT EDINBURGH, 1646.

The preceding pages embody, with sufficient fulness and authenticity,

the proceedings of the Scottish Parliament and Assembly in the

beginning of the year 1645; and it is now our task to revert to

contemporary occurrences during the period which intervened betwixt the

Assemblies of 1645 and 1646, and which gave a colour and character to

these proceedings, and ushered in the latter General Assembly.

Of the occurrences now referred to, by far the most striking and

interesting were the military achievements of Montrose, which more

immediately operated on the nerves and the policy of the Scottish

Conventions in January and February, 1645. In our last sketch, we

brought down the notices to the end of January, of that year when

Montrose, having devastated Argyleshire, and chased its lord into

the Lowlands, bent his steps towards the north, in order to muster

the Royalists, and renew his summer aggressions on the dominant

Covenanters. He had not, however, proceeded far on his route when he

learnt that Argyle had returned to his own country with some Lowland

forces, with whom he joined the remnant of his own clan, and had taken

up a position at Inverlochie Castle, near Fort William, at the western

extremity of the chain of lochs which have recently been connected by

the Caledonian Canal. Retracing his steps through the snow-wreathed

mountain passes with his wonted celerity, Montrose’s band was once more

suddenly and unexpectedly in face of his enemy on the 1st of February,

and the outposts partially engaged. Although greatly superior in

force to Montrose, and in a position of his own selection, the Lord

of Argyle prepared, at the dawn of day next morning, for the coming

battle, by securing his own person in a place of safety. The soldiers

on both sides had lain all night on their arms; and, when Montrose was

in the field, there was little parley to be looked for. Argyle surveyed

the contest from the boat in which he had rowed from the shore ere it

commenced; and once more the star of Montrose was in the ascendant. The

clan Campbell and their allies fought gallantly; but, deserted by their

chief, and paralized by the terror of Montrose’s name, fifteen hundred

of them were slaughtered before the eyes of their craven lord in the

battle and retreat which followed; while this victory was won with

the most trivial loss of men on the part of Montrose—among whom was

Sir Thomas Ogilvy, of the House of Airlie, one of the most chivalrous

adherents of the Royal cause.

Montrose, having thus annihilated Argyle’s power, and tarnished the

military and moral influence of that chieftain, proceeded towards the

north-east, where the fame of another victory gained him the support

of Lord Gordon, and a considerable body of cavalry under his banner.

The dismay of the Convention and Assembly, then sitting at Edinburgh,

may be gathered from their recorded councils; and although they

screwed their courage up while Montrose was traversing the Grampians

and the wilds of the Western Highlands, his uniform success, and the

increase of his strength, made them tremble for their safety even in

the metropolis, though all the castles were in their hands. Baillie,

the second in command of their troops in England, and Urry, (both

experienced soldiers,) were recalled. These generals for some time

manœuvred so as to prevent Montrose from crossing the Tay and Forth;

and, as was frequently the case with him, his force was diminished by

the retirement of numerous portions of it. With the remnant, however,

he attacked the town of Dundee; and, with the irrepressible ardour of

his Highland and Irish soldiery, (who had no pay or sustenance save

plunder,) it became a scene of devastation, even in the immediate

vicinity of Baillie’s army, which was within a mile of the town.

Montrose hurriedly recalled his soldiers from the havoc, and effected a

retreat northwards, which has been admired as one of the most brilliant

of his exploits. In the face of a much superior force and able

generals, he effected his retreat without disaster—marching above sixty

miles without intermission, and fighting or manœuvring for three days

and nights, without rest or refreshment.

The Gordons once more joined Montrose in the north; and Urry being

detached to lead the northern Covenanters, and attack him in that

quarter, the hostile parties came again into collision at Auldearn,

(4th May, 1645,) where Montrose disposed his small band in the most

skilful manner, and obtained another victory in that fierce and well

fought battle, in which 2,000 of Urry’s troops were cut to pieces.

Urry had lost in it about a third part of his soldiers; and being

completely disabled and baffled, he was compelled to retreat on

Baillie’s main army, and leave Montrose victor of the field. Baillie

and Urry still advancing in greater force, Montrose soon again came

into contact with them (on the 2d of July) at Alford, where, after a

fierce and sanguinary struggle, (in which Lord Gordon was mortally

wounded,) the genius of Montrose, and the resistless gallantry of his

followers, won the day. They burst through the army of the Covenanters

like a living torrent, sweeping everything before them; and thus the

most skilful leaders, and some of the best troops of the Covenant, were

utterly cut off, or scattered in the north.

The natural effect of this career of victory was a considerable

accession to his standard, both of Highlanders and of non-Covenanters

in the Lowlands, who had hitherto been borne down by the high-handed

power of the Church and Estates, combined against the Royalists of

that kingdom; and there was something too, it must be confessed, in

the daring, and the devotedness of Montrose to his Sovereign—in his

grappling with and surmounting all disadvantages—and in the fame of

his uninterrupted triumphs—which was calculated to awaken the martial

spirit of Scotland, that we have seen even in later times awakened from

the slumber of peace, and shining forth in brightest lustre on the

fields of Spain and Belgium.

Notwithstanding the successes which had attended the arms of the

Parliaments in England, these successes of Montrose excited the

greatest consternation in the councils of those who at that time

ruled Scotland. New levies of troops were ordered to the number of

10,000; and the Convention of Estates was driven from Edinburgh by

a pestilence, which added to the other horrors of the year 1645 in

Scotland. They removed their sittings, in the month of July, first to

Stirling, afterwards to Perth—assembled around them all the forces they

could muster under the command of Baillie—and sent all the western

Lords of the Covenant to their respective shires to quicken new

levies.[332]

Montrose, with ranks more crowded and better appointed than heretofore,

descended from the mountains, and passing by the Convention and the

troops at Perth, whom he treated with scorn, advanced southward

with rapidity. Approaching the northern shore of the Forth, through

Kinross-shire, he consigned Castle Campbell (belonging to Argyle) to

the flames. He thence proceeded westward, marking his progress by

similar acts of vengeance; and crossing the river Forth at a ford

some miles above Stirling—the castle of which he had no means of

assailing—he then bent his course in a westerly direction for the

purpose of dispersing the new levies in the south-western counties,

and of advancing to the aid of his royal master in England. When he

had advanced as far as Kilsyth, he learned, on the 15th of August,

that Baillie, who had decamped from Perth, and taken the shorter route

by Stirling Bridge, was advancing towards him. That able commander,

knowing full well the spirit of Montrose and of his troops, would

have avoided a general engagement, but was overruled by Argyle and

other nobles, forming a Committee of the Estates, who urged on the

attack. Montrose was advantageously posted, and eager for the fight;

his men stripped to their shirts; and thus prepared “to do or die.”

The Covenanters, ere yet they were fully formed, began the attack on

an outpost; upon which Montrose, seeing and snatching the favourable

moment, poured down his daring followers to the combat, to which

they rushed in close columns with a wild shout that appalled their

antagonists, whose ranks they pierced, and whom they dispersed and

slaughtered with scarcely a shew of resistance, for the space of more

than ten miles. Four or five thousand of the Covenanters were slain on

the field and in the flight; and the only semblance of an army which

the Covenanters had on foot in Scotland was thus utterly routed and

dissipated. On this, as on former occasions, Argyle sought personal

safety in a barque on the Frith of Forth, at the nearest point to the

scene of action.

The capital surrendered on his advance, and there, as well as

elsewhere, he liberated a number of the King’s friends who were in

captivity; and so many persons of rank and consideration joined his

standard, that he called a Parliament to be held in Glasgow in the

King’s name. For the time, he was the conqueror of Scotland, save only

its few castles; but even if he had possessed the means of reducing

them, that formed no part of his scheme, which was to reach and join

the Royal standard in England. Meanwhile, the leading men of the

Convention and others fled for concealment in all directions; and, for

a brief space, the power of the Covenanters was completely broken.

But, from the very nature of Montrose’s armaments all along, they were

liable to frequent mutations. Destitute of what have been emphatically

termed “the sinews of war”—the funds for regularly maintaining his

followers in the field—they ever and anon, as volunteers, retired to

their homes, to the harvesting, and other pursuits, without leave asked

or given; and even after the triumphant Battle of Kilsyth, when he

had thus become master of Scotland, and might then have trodden the

Covenanters under foot, his forces melted away, until it was diminished

nearly to the condition in which it had been when he traversed the

wilds of Atholl and Badenoch.

Having communicated with the King, whose fortunes were then at the

lowest ebb in England, and urged him to draw near the northern border,

so as to form a junction of their respective forces, Montrose received,

by the hands of Sir Robert Spottiswood, a commission, under the Great

Seal, appointing him Captain-General and Lieutenant-Governor of

Scotland. Thus fortified, and animated by the sanguine spirit which

had already achieved such wonders under the most disadvantageous

circumstances, Montrose began his March towards the Border, and,

early in the month of September, took up his cantonments at Selkirk;

one portion of his little army (the cavalry) being quartered in that

hamlet, and the other division of it being encamped at Philiphaugh,

on the opposite bank of the Yarrow. Meanwhile the tidings of the

disasters and despair of the Covenanters at home had reached the army

in England. The chief men of that party were skulking in Berwick and

other places near the Border, which were occupied by the Covenanting

forces—and David Leslie was detached with five or six thousand of the

Scottish auxiliary army, composed chiefly of cavalry, to check the

progress of Montrose in Scotland. He crossed the Border at Berwick, and

proceeded on the route towards Edinburgh, with the view apparently of

intercepting the return of Montrose’s adherents from the north and the

Highlands. But he was too good a general either to disclose his real

intention, or to overlook any advantage which offered itself in the

course of his operations.

When Leslie had advanced so far as Musselburgh, and was within two

hours’ march of Edinburgh, he suddenly changed his route, and started

across the country by Middleton to Melrose, within four miles of

Montrose’s cantonments. Leslie’s troops were quartered at Melrose on

the 12th of September, and reposed there and in its vicinity during

the night; and early next morning, covered by a thick mist, approached

Montrose’s encampment on Philiphaugh. All the chief gentry on the

Border being at the time in the interest of the Covenanters, and their

vassals and tenantry being, of course, like-minded according to the

feudal feelings which then prevailed; and Montrose being lulled to a

fatal security by past success, and a belief that Leslie was in or

near Edinburgh, had not his scouts on the outlook. Leslie, favoured by

these circumstances, suddenly and unexpectedly attacked the camp of

Montrose, when unprepared for the contest, on the morning of the 13th

of September. Dividing his force into two portions, they respectively

attacked Montrose’s infantry on either flank; and the first tidings

which their chief heard that an enemy was near, were the sounds of

battle from the opposite bank of the Yarrow. Mustering his cavalry

in all haste, he rushed to the battle field, but too late for his

presence being available. Although his gallant followers fought with

their wonted enthusiasm, many of them were already either slaughtered

or taken prisoners ere he reached the scene of conflict; and although

he and his companions did all that skill or valour could accomplish in

such circumstances, it was in vain. Montrose continued the desperate

combat until all that remained of his force was only thirty of his

cavalry, the greater number being either killed, taken prisoners, or

sheltered from the rout in an adjoining wood. With this wreck of his

band, he retreated up the Yarrow and crossed over to Peebles, where a

few of his followers who had escaped joined him. After this disastrous

affair, Montrose once more retreated to the Highlands, where for the

present we must leave him.

We cannot pass on from this narrative of the Battle of Philiphaugh,

without recording that the successful commander, David Leslie,

tarnished his laurels by a cold-blooded massacre of the prisoners he

had captured, at the instigation, it has been confidently affirmed,

of the Covenanting clergy. Many of the prisoners were taken to Newark

Castle; and, while several persons of rank and better condition

were reserved for future vengeance, those of an inferior class were

butchered in scores in the court-yard of the Castle, like cattle in

the shambles: one hundred persons, at least, were put to death on this

occasion. A more atrocious outrage against all the usages of civilized

warfare never was committed, save in the modern times of Spanish

barbarity; and these hapless men, it most be remembered, were taken

prisoners while bearing arms under the commission and in the cause of

their lawful Sovereign, whose title and authority the Covenanters at

that time did not impugn, but, on the contrary, affected to vindicate

and uphold. If in future turns of fortune, the Covenanters became the

victims of bloody persecution, let it not be forgotten, that this

system of wholesale murder originated in the massacre at Newark Castle.

It must be stated, however, in palliation of this act of revenge by the

Covenanters, that Montrose and his followers, during the progress of

their victories, had ravaged, with unsparing severity, every district

which they visited; plundering, burning, and desolating, and not

unfrequently sacrificing life without mercy or remorse at every stage

of their progress.[333]

The picture which Scotland exhibited at the time referred to, would be

incomplete were we to omit mention of the executions in form of Law

which soon after followed the massacre of Newark. Douglas, Crawford,

Erskine, Fleming, and Napier, escaped along with Montrose from the

field of Philiphaugh; but among the prisoners reserved for more

deliberate proceedings, were Hartfield, Drummond, Ogilvy, Sir Robert

Spottiswood, (a son of the Archbishop and President of the Session,)

Sir Alexander Leslie of Auchintool, Sir William Rollock, Sir Philip

Nisbet, William Murray, brother of Tullibardine, Alexander Ogilvy of

Innerquarity, Nathaniel Gordon, Andrew Guthrie, son of the Bishop

of Moray, Stewart the Adjutant, and two Irish Colonels, O’Kyan and

Leighton. David Leslie, after his victory at Philiphaugh, fell back

on Lothian, where the two Irish officers were tried by martial law

and executed. Soon after, at a meeting of the Estates in Glasgow, Sir

William Rollock, Sir Philip Nisbet, and Alexander Ogilvy, were found

guilty of “rebellion against the State”, and executed there on the

29th of October. On the 26th of November, the Parliament met at St

Andrew’s, when Sir Robert Spottiswood, (whose sole crime was carrying

the King’s commission to Montrose,) Mr William Murray, Colonel Gordon,

and Mr Andrew Guthrie, were tried, condemned, and executed. Lord Ogilvy

and Adjutant Stewart made their escape; and Hartfield alone, through

the intercession of Argyle, was pardoned. And thus commenced the bloody

war of party revenge, which for nearly forty years afterwards polluted

and dishonoured the annals of Scotland.

In our last introductory sketch, we had brought down the narrative

of events in England to the Treaty at Uxbridge, which commenced in

January, 1646. The discussions embraced three great points—religion,

the militia, and Irish affairs. On the first of these, the

Parliamentary and Scottish Commissioners strenuously insisted on

the uniformity of religion, in terms of the League and Covenant;

Presbyterianism to be the form of Church Government, and that form,

with all its formalities and doctrines, (still unsettled even in

the Ecclesiastical Assemblies of both kingdoms,) was sought to be

sanctioned and adopted by the King, and enforced coercively on all his

subjects of Scotland, England, and Ireland. The other two subjects

presented also debatable points; but these are foreign to our purpose;

and the King having been required to sanction a bill for the abolition

of Prelacy—to confirm the proceedings of the Westminster Assembly,

with all the particulars subordinate to such a requisition—the treaty

terminated on the 22d of February, without leading to any auspicious

results, by the King rejecting overtures so inconsistent with all his

principles. Nor although the insurgents were still in the ascendant

in the affairs of arms, had the Presbyterian party any good ground of

confidence in their ultimate triumph; for henceforward the Independent

party became more bold and energetic, and, ere long, acquired a decided

preponderance in the councils which ruled the land; and, finally,

abolished and tyrannized over both the Episcopalian and Presbyterian

establishments; these being completely overborne by a potent

combination of wild and mystic sects, whose tenets were too variegated

to admit of any adequate description in a sketch of this kind, but who

always inculcated the doctrine of unlimited toleration, although in

their conduct, as was the fashion of the age, they practically outraged

its principles.[334]

The Acts of the Assembly 1645, contain abundant evidence of the spirit

by which it was animated; and we forbear adverting to particulars.

We go on, therefore, to remark that the English Parliament, by

their self-denying ordinance and new modelling of the army, having

invested the leading Independents with the highest power on their

side, obtained, on the 14th of June, 1645, the victory at Naseby. The

fate of Charles was thereby irretrievably sealed, and his fortunes

hopelessly overcast. In this state of affairs, the conflicts betwixt

the Presbyterian and Independent parties waxed fiercer in consequence

of continued efforts, on the part of the former, to obtain uncontrolled

spiritual domination, which was, of course, resisted by the other

party; and the English Parliament and leaders having, with the

assistance of the Scottish armies, triumphed over the Royalists, in all

quarters, were now anxious to get quit of their allies, whose presence

in England operated as a check on the predominant English adventurers.

Imputations against the Scottish army for rapacity, inactivity,

and other real or imaginary backslidings, led to recrimination and

heartburning; and the Scotch had a plausible ground of complaint,

inasmuch as the pay and allowances which had been promised them by the

English Parliament were greatly in arrear. Besides all these causes

of discord, the Scottish party was disappointed by the qualified

adoption of Presbytery as the Church of England. The conclusions of

the Westminster Assembly, after being sanctioned by the Scottish

General Assembly and Estates, were adopted indeed as an experiment

by the English Parliament, but to be reversed or altered according

to circumstances; and during all the sittings of the Westminster

Assembly, the English Parliament sturdily refused to render the Church

independent of the State, and retained to itself the ultimate power of

control in all matters ecclesiastical as well as civil. This sort of

erastianism was very unpalatable to the Scotch, who had set the Church

above the State, and wished this dominancy to be extended to England as

well as Scotland.

While these misunderstandings were at a height, and the King’s

power almost annihilated, he endeavoured to avail himself of these

distractions by a diplomacy not, perhaps, altogether free of intrigue,

with both the parties concerned; and, towards the close of the year

1645, he made overtures for an agreement with the English Parliament;

but although quarrelling among themselves, the victorious parties

concurred in rejecting those overtures, which, had they been acceded

to, might eventually have frustrated the designs of Cromwell and his

associates. They resolutely resisted the King’s offers to disband all

his forces and go to London, attended only by a royal escort, to pass

an act of oblivion, and to do whatever the Parliament should advise for

the good and peace of the kingdom, on the single condition of obtaining

security for the personal safety of himself and his followers. The

absolute rejection of such propositions was a sufficient indication

to the unfortunate Charles that he had nothing to expect even from

the most humiliating concessions to the ruling party in England;

and in this sad extremity of his fortunes, he adopted, perhaps, the

only other alternative that remained to him—that of casting himself

unreservedly upon the loyalty, the generosity, the gratitude of his

Scottish subjects; for assuredly the ample concessions which he

had made to them in 1641, by which he had confirmed their favourite

ecclesiastical polity, given omnipotence to the Estates, and vested

the executive authority entirely in the hands of the ruling party in

Scotland—and which he had not, in a single instance, infringed during

the space of five years, (unless his commission to Montrose may be

so construed,)—gave him reasonable grounds to expect that they would

welcome and protect their native King, who had thus lavished his regal

prerogatives upon them, and extended their national liberties. We shall

soon see the result of this resolution.

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 118 / 186 段