CHA P. ftood, was fallow ground, broken with ridges, which lay XXXIV. across their front, and difordered the movements of the English cavalry. From all these accidents, the shock of 1547. this body of horse was feeble and irregular; and as they were received on the points of the Scottish fpears, which were longer than the lances of the English horfemen, they were in a moment pierced, overthrown, and discomfited. Grey himself was dangerously wounded: Lord Edward Seymour, fon to the protector, loft his horfe: The ftandard was near being taken: And had the Scots poffelled any good body of cavalry, who could have purfued the advantage, the whole English army had been expofed to great danger. THE protector mean-while, affifted by Sir Ralph Sadfer and Sir Ralph Vane, employed himself with dili gence and fuccefs, in rallying the cavalry. Warwic fhewed great prefence of mind in maintaining the ranks of the foot, on which the horse had recoiled: He made Sir Peter Meutas advance, captain of the foot harquebufiers, and Sir Peter Gamboa, captain of fome Italian and Spanish harquebufiers, on horfeback; and ordered them to ply the Scots infantry with their hot. They marched to the flough, and difcharged their pieces full in the face of the enemy: The artillery, planted on a height, infested them from the front: The English archers poured in a fhower of arrows upon them: And the vanguard, defcending from the hill, advanced, leifurely and orderly, towards them. Difmayed with all thofe circumstances, the Scots van began to retreat: The retreat foon changed into a flight, which was begun by the Irish archers. The panic of the van communicated itself to the main body, and paffing thence to the rear, rendered the whole field a fcene of confufion, terror, flight and confternation. The English army perceived from the heights the condition of the Scots, and began the pursuit with loud fhouts and acclamations, which added ftill more to the dismay of the vanquished. The horfe 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 ftrowed with dead bodies. The priests above all, and the monks received no quarter; and the English made x Patten. Holingshed, p. 986 1547 made sport of flaughtering men, who, from their extreme CHA P. zeal and animofity, had engaged in an enterprise so ill XXXIV. fuited to their profeffion. Few victories have been more decifive, or gained with fmaller lofs 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 feat of that name in the neighbourhood. THE queen dowager and Arran fled to Stirling, and were scarce able to collect fuch a body of forces as could check the incurfions of fmall parties of the English. About the fame time, the earl of Lenox and lord Wharton entered the Weft Marches, at the head of five thousand men, and after taking and plundering Annan, they fpread devaftation over all the neighbouring counties Y. Had Somerset profecuted his advantage, he might have impofed what terms he pleafed on the Scots nation: But he was impatient to return to England, where, he heard, fome counsellors, and even his own brother, the admiral, were carrying on cabals against his authority, Having taken the caftles of Hume, Dunglass, Eymouth, Faftcastle, Roxborough, and fome other fmall places; and having received the fubmiffion of fome counties on the borders, he retired from Scotland. The fleet, befides destroying all the fhips along the coast, took Broughty in the Firth of Tay; and having fortified it, they left there a garrison. Arran defired leave to fend commiffioners in order to treat of a peace; and Somerfet, having appointed Berwic for the place of conference, left Warwic with full powers to negociate: But no commiffioners from Scotland ever appeared. The overture of the Scots was an artifice, to gain time, till fuccours fhould arrive from France. THE protector, on his arrival in England, fummoned 4th Nov. a parliament: And being fomewhat elated with his fuccefs against the Scots, he procured from his nephew a patent, appointing him to fit on the throne, upon a ftool or bench at the right hand of the king, and to enjoy the fame honours and privileges, which had ufually been poffeffed by any prince of the blood, or uncle of the kings of England. In this patent, the king dispensed with the ftatute of precedency, Y Holingfhed, p. 992. CHA P. cedency, enacted during the former reign. But if SoXXXIV. meriet gave offence by affuming too much flate, he deferves thehighest praife on account of the laws paffed this 1547. feffion, by which the rigour of former ftatutes was much A parlia mitigated, and fome fecurity given to the freedom of the ment. conftitution. All laws were repealed, which extended the crime of treafon beyond the ftatute of the twentyfifth of Edward the third A; all laws enacted during the late reign, extending the crime of felony; all the former laws against Lollardies or herefy, together with the statute of the fix articles. None were to be accused of words, but within a month after they were spoken. By thele repeals feveral of the moft rigorous laws, that ever had paffed in England, were annulled; and fome dawning, both of civil and religious liberty, began to appear to the people. Herety, however, was still a capital crime by the common law, and was fubjected to the penalty of burning. Only there remained no precife ftandard, by which that crime could be defined or determined: A circumftance, which might either be advantageous or hurtful to public fecurity, according to the difpofition of the judges. A REPEAL alfo paffed of that law, the deftruction of all laws, by which the king's proclamation was-made of equal force with a ftatute . That other law was likewife mitigated, by which the king was empowered to annul all laws paffed before the four and twentieth year of his age: He could prevent their future execution; but could not recal any paft effects, which had enfued from them C. SOME ftatutes too were enacted which were of the utmost importance, because they promoted the principies and practices of the reformers, though they may not, all of them, appear to be attendeded with any material confequence to civil fociety. The cup was restored to the laity; private maffes were abolished; the king was empowered to create bishops by letters patent, without any fictitious election of the chapter; the bishops were ordered to flue their writs, and hold their courts in the king's name ; vagabonds were adjudged to be flaves for two B Z Rymer, vol. xv. p. 164. two years, and to be marked with a red hot iron N ; an CHA P. act commonly fuppofed to be levelled against the strolling. XXXIV. priefts and friars, THE chantries and free chapels had been given by act 1547. of parliament to the late king; and he had appointed commiffioners to take poffeffion of the revenues; but as they had not proceeded far in the execution of their office, it was found neceffary to make a renewal of the grant. The preamble to the ftatute promifes, that thefe funds fhould be employed to good and godly ufes, in erecting grammar fchools, in farther augmenting the universities, and in making better provifion for the poor and needy. But the rapacious courtiers had already devoured the prey in their imaginations; and it was not long before it was fhared out among them. IT was also enacted, that all who denied the king's fupremacy, or afferted the pope's, fhould, for the first offence, forfeit their goods and chattels, and suffer imprifonment during pleature; for the fecond offence, fhould incur the penalty of pramunire; and for the third offence be attainted of treafon. But if any, after the first of March enfuing, endeavoured, by writing, printing, or any overt act or deed, to deprive the king of his eftate or titles, particularly of his fupremacy, or to confer them on any other, he was to be adjudged guilty of treason. If any of the heirs of the crown fhould ufurp upon another, or endeavour to break the order of fucceffion, it was declared treason in them, their aiders and abetters, These were the most confiderable acts paffed during this feilion. The members in general difcovered a very paffive difpofition with regard to religion: Some few appeared zealous for the reformation: Others harboured fecretly a strong inclination to the catholic faith: But the greatest part appeared willing to take any impreffion, which they fhould receive from intereft, authority, or the reigning fashion, THE Convocation met at the fame time with the parliament; and as it was found, that their debates were at firft cramped by the rigour of the ftatute of the fix articles, the king granted them a difpenfation from that law, before it was repealed by parliament. The lower house of N 1 Edw. VI. c. 3. p. 48.. Ο 1 Edw. VI. c. 14. P Heylin, CHA P.of convocation applied to have liberty of fitting with the XXXIV. 'commons in parliament; or if this privilege was refufed. them, which they claimed as their antient right, they de 1547 fired, that no law, regarding religion, might pafs in parliament without their content and approbation. But the principles, which now prevailed, were more advantageous to the civil than the ecclefiaftical power; and this demand of the convocation was rejected. Farther THE protector had permitted the repeal of that law, which gave to the king's proclamations the authority of tatutes; but he did not intend to renounce that arbitrary or difcretionary exercife of power, which had ever been affumed by the crown, and which it is difficult to diftinguish exactly from the power of making laws. He even continued to exert this authority in fome particulars, which were then regarded as the most momentous. Orprogress of ders were iffued by council, that candles fhould no longer the refor- be carried about on Candlemas-day, afhes on Ath-wednefday, palms on Palm-funday P. Thete were antient religious practices now denominated fuperftitions; though it is very fortunate for mankind, when fuperftition happens to take a direction fo innocent and inoffenfive. The fevere difpofition, which naturally attends all reformers, prompted likewife the council to abolish some gay and Thewy ceremonies, which belonged to the antient religion mation. AN order was alfo iffued by council for the removal of all images from the churches: An innovation which was much defired by all the reformers, and which alone, with regard to the populace, amounted almost to a total change of the established religion R. An attempt had been made to feparate the ufe of images from their abuse, the reverence from the worship of them; but the execution of this defign was found, upon trial, very difficult, if not wholly impracticable. As private maffes were abolifhed by law, it became neceffary to frame a new communion-fervice; and the council went fo far, in the preface which they had prefixed to this work, as to leave the practice of auricular confeflion wholly indifferent. This was a prelude to the P Bu,net, vol. ii. p. 59. Collier, vol. ii. p. 241. Heylin, |