CHARLES I. 109

and bring the affair to a quick decision ; and , iflie were ever so unsuccessful, nothing worse couldbefal him, than what, from his inactivity, hewould certainly be exposed to To {how howeasy it would be to execute this project, heordered an assault to be made on some quartersof the Scots, and he gained an advantage overthem. No cessation of arms had , as yet, beenagreed to, during the treaty at Rippon ; yet greatclamor prevailed , on account of this act ofhostility. And when it was known that theofficer, who conducted the attack, was a papist,a violent outcry was raised against the king, foremploying that hated sect, in the murder of hisprotestant subjects

It may be worthy of remark , that severalmutinies had arisen among the English troops,when marching to join the army ; and someofficers had been murdered, merely on suspicionof their being papists The petition of righthad abolished all martial law; and by an incon-venience , which naturally attended the plan, asyet new and unformed , of regular and rigidliberty, it was found absolutely impossible forthe generals to govern the army , by all theauthority, which the king could legally conferupon them. The lawyers had declared , thatmartial law could not be exercised, except in thevery presence of an enemy; and because it had

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164 °.

Nelson, vol. ii. p. 5. Clarendon, vol. i. p. 159.*” Rush. vol. iii. p. 1190, 1191, 1192, &.c. May, p. 64.