[106] See notes to pages 7 and 43-4.
[107] That is 1559-60. In MS. G. and Vautr. edit. this letter is dated "the 6th of Februare in haist." In the former it is signed, "Your Grace"s, &c.--JOHNE KNOX." The MS. 1566, makes it "the 5th of Februarie, in Christ."
Upoun the receatt of this letter, and consultatioun had thairapoun, new conclusioun was tackin: to witt, that thei wald viseit the said Duke of Northfolke at Berwyke,[108] quhair he was.
[108] Thomas Randall wrote to Sadler from Glasgow, on the 10th February 1559-60, mentioning that the Lords of the Congregation had come to that town to consult; and that Lord James, Lord Ruthven, the Master of Maxwell, Wishart of Pittarrow, and Henry Balnaves, had been appointed by the whole Council to meet with the Duke of Norfolk at Berwick, on the 23d of that month. (State Papers, vol. i. p. 704.)
Thus far have we digressed fra the style of the Historie, to lett the posteritie that shall follow understand, by quhat instrumentis G.o.d wrocht the familiaritie and freindschipe, that after we fand in Ingland. Now we returne to oure formare Historie.
The pairtis of Fyiff sett at fredome frome the bondage of those bloodie wormes, solempned thankis war gevin, in Sanctandrois, unto G.o.d for his mychtie delyverance. Schorte after the Erlle of Arrane and Lord James, apprehended the Lardis of Wemes, Seafeald, Balgonye, and Durye,[109] and utheris, that a.s.sisted the Frenche; but thei war sett schoirtlie at fredome, upoun suche conditionis as thei mynded never to keape: for sick men have neather fayeth nor honnestie. Mr. James Balfoure,[110] who was the greatest practiser, and had drawn the band of the Balfouris, eschaiped. The Ingliss schippis daylie multiplied, till that thei war able to keape the whole Firth: whairatt the Frenche and Quene Regent, enraged, begane to executt their tirranye upoun the pairtes of Lowthiane that lay neye to Edinburgh. Lett Mr. David Borthwick[111] witnesse quhat favoris[112] his wyffe and place of Adenstoun[113] fand of the Frenche, for all the service that he had maid to the Quene Regent.
[109] In MS. G, "Balgone, Durie;" in MS. 1566, "Bawgane, Druye."--Supra page 7, Knox alluding to the ravages committed by the French on the coast of Fife, in the beginning of 1560, says, they did not spare even their own friends, the Lairds of Senfield, Wemyss, Balmuto, and Balweary. In reference to the statement in the text, Sir Ralph Sadler, in a letter dated 4th February 1559-60, says, "In Fife, all suche gentlemen as were of any power or creditt, that tooke ony parte with the Franches, as the Lorde of Wymes, the Lorde Bawerye, Syfeld, Bagonye, and other, have promised their fidelitie, and given pledgis never to stand against the Congregation. This hath bene the Lord James"s action since the Franches cam their way." (State Papers, vol. i. p. 701.)
The persons mentioned by Knox, (using _Lord_ for _Laird_,) I suppose, were, (1) Sir John Wemyss of Wemyss, the ancestor of Lord Wemyss; (2) George Moutray of Seafield, the ruins of whose castle or tower stands close upon the sea, to the west of Kinghorn; (3) Andrew or Robert Lundie or Lundin of Balgonie, in the parish of Markinch, a property that gives a second t.i.tle of the Earl of Leven and Melville; and (4) David Durie of Durie, in the parish of Sc.o.o.nie. This property was afterwards acquired by the father of the eminent lawyer, Sir John Gibson of Durie.
[110] Afterwards Sir James Balfour of Pittendreich: see notes, vol. i.
pp. 202, 235.
[111] Mr. David Borthwick of Lochill was appointed Lord Advocate, and one of the Judges in the Court of Session, on 20th October 1573. He was educated at St. Andrews. His name occurs among the Determinants, in St. Leonard"s College, in 1525. He probably spent some time on the Continent; and pa.s.sed Advocate, 1st March 1549. He was twice married; Marion Blyth, his first wife, died 24th March 1570, (Register of Confirmed Testaments.) His second wife, Margaret Guthrie, having survived him, married Mr. John Lindesay, second son of Sir David Lindesay of Edzell, and Parson of Menmuir. According to Scot of Scotstarvet, Borthwick had acquired "many lands in Lothian and Fife, as Balnacreiff, Admiston, Balcarras, and others; but having infest his son, Sir James, therein in his own time, he rested never till he had sold all." Borthwick died in January 1581.
[112] In the MS. 1566, incorrectly written "Borwick," and "that favoris."
[113] In MS. G, "Audistoun." The property of Addiston is in the parish of Ratho. It now belongs to the Earl of Morton; but the old house, situated on an elevated terrace, was pulled down a few years ago.
In the middest of Februarie war directed to England, frome the Dukis Grace and the Congregatioun, the Lord James, Lord Ruthven, the Maister of Maxweill, the Maister of Lyndsay, Maister Henrye Balnaves, and the Laird of Pittarrow; who, with thair honnest c.u.mpanyeis and commissioun, departed by sea, all, except the Maister of Maxwell, to Berwick, whair thair mett thame the Duke of Northfolke, lievetennent to the Quenis Majestie of England, and with him a great company of the gentillmen of the north, with some also of the south, having full power to contract with the n.o.billitie of Scotland, as that thei did, upoun suche conditionis as in the same Contract are specified. And becaus we have hard the malicious tounges of wicked men mak false reporte of that our fact, we have faithfullie and trewlie inserted in this oure Historie the said Contract, alsweill thatt whiche was maid at Leyth, during the seige, as that whiche first was maid at Berwick, that the memorie thereof may byde to our posteritie; to the end that thei may judge with indifference, whither that we have doun ony thing prejudiciall to our comoun wealth, or yitt contrarius unto that debtfull obedience whiche trew subjects aw to thair supperiouris whose authoritie aucht to deffend and mainteine the libertie and fredome of the Realmes committed to thair charge; and nott to oppress and betray the same to strangearis. The tennour of oure Contract followis:--
THE CONTRACT AT BERWICK.
"JAMES DUKE OF CHASTELARAULT, Erlle of Arrane, Lord Hamyltoun, second persone of the realme of Scotland, and appearand [air] to the Croune, the Counsalle, n.o.bilitie, and princ.i.p.all Estaittis of the same: To all and sindrie, whais knawlege thir presentis shall come, greitting. We have weill considerat, and be fullie persuaded in what danger, desolatioun, and miserie, the lang enmytie with the kingdome of Ingland, hath brocht oure Countrey heirtofoir: how wechtie and florishing it shall become, gif those two kingdomes, as thei be joyned in one Iland by creatioun of the warld, so may be knytt in a constant and a.s.sured friendschip: These considerationis, groundit upoun a most infallible treuth, aucht no less to have moved our progenitouris and foirfatheris then us: but the present danger hanging over oure heades, by the injust dealing of those of whome we have alwayis best deserved, hathe caused us to wey thame more earnestlie then thei did. The misbehaveour of the Frenche ministeris[114] heere hathe of laitt zeris beine so greatt; the oppressioun and crueltie of the soldiouris, the tyranny and ambitioun of thair supperiouris and rewlleris so greavouse to the people; the viollent subversioun of our libertie, and conqueast of the land, whair at thei have by maist craftie and subtile meanes continuallie prea.s.sit,[115] so intollerable to us all, that at last, when we could nott obteane the redresse by humill suitis and earnest supplicationis presented to the Quene Dowager, who bayth for deuties saik and place scho did occupy, aucht to have bene most cairfull of oure estait; we have bene by verry necessitie, constrained nott only to a.s.say our awin forces, but also to imploir the Quenis Majestie of England aide and supporte, quhilk hir Majestie hes maist gentillie granted upoun certaine covenantes, specified in ane Treaty, past at Berwick, betuix the Duck of Northfolk his good Grace, Lievtennent for hir Majestie, on that ane pairte, and ceartaine our Commissioneris, on that uther parte: Whairof the tennour followeth:--
[114] In Vautr. edit., "Frenche monsters."
[115] In MS. 1566, "pressed."
"AT BERWICK, the twentie sevin day of Februare, the year of our Lord G.o.d J^m V^c fyftie and nyne yeris. It is appointed and finallie contracted betwix the n.o.ble and mychtie Prince, THOMAS DUKE OF NORTHFOLKE, Erlle Marsch.e.l.l of England, and lievtennent to the Quenis most excellent Majestie of the said realme, in the name and behalf of hir Hienes, on the one pairte, and the rycht honorable Lord James Stewart,[116] Patrik Lord Ruthven, Sir Jhone Maxweill of Terreglis knycht, William Maitland of Lethingtoun younger, Jhone Wischarte of Pittarrow, and Maister Henry Balnaves of Halhill, in the name and behalf of the n.o.ble and mychtie Prince, James Duke of Chasteaularault, second persone of the realme of Scotland, and the remanent Lordis[117]
of his parte, joyned with him in this cause, for the mainteanance and defence of the ancient rychtes and liberteis of thair countrey, on the other parte, in Forme as heireafter followeth: That is to say, That the Quenis Majestie, having sufficientlie understanded, alsweill by information sent from the n.o.bilitie of Scotland, as by the [manifest]
proceadings of the Frenche, that thei intend to conqueir the realme of Scotland, suppress the liberties thairof, and unite the same unto the Croune of France perpetuallie, contrarie to the Lawis of the same Realme, and to the pactis, aithes, and promisses of France; and being thairto most humblie and earnestlie requyred by the said n.o.bilitie, for and in name of the hole Realme, shall accept[118] the said Realme of Scotland, the said Duke of Chasteaularault being declared by Act of Parliament in Scotland to be heyre appearand to the Croun thairof, and the n.o.bilitie and Subjectis thairof, unto her Majesties protection and meantenance, onlie for preservatioun of the same in thair auld fredomes and liberties, and frome conquest during the tyme that the mariage shall continue betwix the Queen of Scottis and the Frenche King, and ane yeare efter: and for expelling out of the samin realme of suche as presentlie and appearandlie goeth about to practise the said conqueist; hir Majestie shall with all speid send unto Scotland a convenient aide of men of warr, on horse and foote, to joyne with the poware of Scottis men, with artelzearie, munitioun, and all uther instrumentes of warr meitt for the purpoise, alsweill by sea as by land, nott onlye to expell the present poware of Frenche within that realme, oppressing the same, bot also to stopp, als far as convenientlie may be, all greater forces of Frenche to enter thairin for the lyke purpose; and shall continue hir Majesties aide to the said realme, n.o.bilitie, and Subjectis of the same, unto the tyme the Frenche (being ennemyes to the said realme) be utterlie expelled hence; And shall never transact, compone, nor aggrie with the Frenche, nor conclude any leigue with thame, except the Scottis and the Frenche shalbe aggreit, that the Realme of Scotland may be left in dew fredome by the Frenche; Nor shall leave the maintenance of the said n.o.bilitie and Subjectis, quhairby thei mycht fall as ane pray unto thair ennemeis handis, alse lang as thei shall acknowlege their Soveraine Lady and Quene, and shall indure thameselfis to mainteine the libertie of thair country, and the estait of the Croun of Scotland: And if in caise any fortis or strenthis within the realme be wonne out of the handis of the Frenche at this present, or at any tyme heareafter, by hir Majesties aide, the same shalbe immediatlie demolished by the Scottis men, or delyvered to the said Duck and his partie foirsaid, at thair optioun and choise; neather shall the power of England fortifie within the ground of Scotland, being out of the boundis of England, but be the advyse of the said Duck, n.o.bilitie, and Estaites of Scotland.
[116] Knox"s amanuensis here introduces, as a parenthetical explanation, "NOW ERLE OF MURAY," a clear proof of this portion of the MS. having been transcribed before 1570. These words, also copied in MS. G, are omitted in Vautr. edit.
[117] In Rymer, &c., "the remanent of the rest of the Lordis."
[118] In MS. 1566, "except."
"For the quhilkis causses, and in respect of hir Majesties most gentle clemencie and liberalle supporte, the said Duck, and all the n.o.billitie, alsweill suche as be now joyned, as suche as shall heireafter joyne with him for defence of the libertie of that Realme, shall, to the utermaist of thair powar, aide and supporte hir Majestie"s arme aganis the Frenche, and thair partaikaris, with horse men, and foote men, and with victuallis, by land and by sea, and with all maner of uther ayde to the best of thair powar, and so shall continue during the tyme that hir Majesties armye shall remaine in Scotland.
_Item_, Thei shalbe ennemyes to all such Scottis men and Frenche, as shall in anywyse shaw thame selfis ennemyes to the realme of Ingland, for the aiding and supporting the said Duck and n.o.bilitie, to the delyverie of the Realme of Scotland frome conqueist.
_Item_, Thei shall never a.s.sent nor permitt, that the Realme of Scotland shalbe conquered, or utherwyse knett to the Croun of France, then it is at this present only by mariage of the Quene thair Soveraine to the Frenche King, and by the lawes and liberties of the Realme, as it aucht to be.
_Item_, In caise the Frenche men shall, at any tyme heirafter, invaid, or caus to be invaded, the realme of England thei shall fournishe the nomber of twa thousand horsmen and twa thousand[119] footmen, at the least, or suche parte of ather of thame, at the choise of the Quenes Majestie of England; and shall conduct the same to pas frome the Bordaris of Scotland nixt Ingland, upon hir Majesties charges, to anie pairte upoune the realme of England, for the defence of the same. And in caise the invasioun be upon the northe partes of England, on the northe parte of the water of Tyne, towardis Scotland, or against Berwick, on the north syd of the water of Tweid, thei shall convent and gather thair haill forces upon thair awin charges, and shall joyne with the Ingliss poware, and shall contenew in goode and earnest prosecutioun of the quarrell of England, during the s.p.a.ce of thretty dayis, or so muche langer as thei ware accustumed to tarye in the feildis for defence of Scotland, at the commandiment of thair Soverane, at any tyme bypast.
[119] In MS. 1566, "ane thousand;" MS. G. has "200 hors.e.m.e.n and 1000 foot."
And also, the Erlle of Argyle, Lord Justice of Scotland, being presentlie joyned with the said Duck, shall employe his force and good will, whair he shalbe requyred by the Quenes Majestie, to reduce the north pairtis of Ireland to the perfyte obedience of England, conforme to ane mutualle and reciproque contract, to be maid betwix hir Majesties lieutenent or depute of Ireland being for the tyme, and the said Erlle; quhairin shalbe conteaned what he shall do for his parte, and quhatt the said lieutennent, or depute, shall do for his supporte, in caise he shall have to do with James Mackonnell,[120] or ony utheris of the Iyles of Scotland, or realme of Ireland; for performance and sure keaping whairof, thei shall for thair pairte enter to the foirsaid Duck of Northfolk the plaiges presentlie named by him, befoire the entrie of hir Majesties armye in Scottis ground, to remaine in England for the s.p.a.ce of six monethis, and to be exchanged upoun delyverance of new hostages, of lyke or als goode conditioun as the formare; or being the lauchfulle sones, bretheren, or heires of ony of the Erlles or Baronis of Parliament, that have, or hereinafter schaw thame selfis, and persist open ennemyes to the Frenche in this quarrell; and so forth, from s.e.x monethis to s.e.x monethis, or foure monethis to foure monethis, as shall best pleis the partie of Scotland; and the tyme of continuance of the hostages salbe during the marriage of the Quene of Scottis to the Frenche King, and ane yeare efter the dissolutioun of the said marriage, untill farder ordour may be had betwix boyth the realmes for peace and concorde.
[120] In the Cotton. MS., "Monneil." Sadler (State Papers, vol. i. pp.
431, 517) calls him, "James M^cDonell," and "Macconnell," and says, 8th Sept. 1559, that the Queen Regent had endeavoured to stir him, "and others of the Scottish Irishrie, against the Erle of Argyle," to prevent Argyle from rendering aid to his a.s.sociates, the Lords of the Congregation.
In a Report on the state of the West Isles of Scotland drawn up by the Dean of Limerick, in 1595 or 1596, James M^cConnell is specially mentioned as having been "holden in great jealousie by the house of Argyle." It is further added, that "Anne Cambell, halfe syster to the aforesayde Erle, the wife to the Sherif of Bute, by whome she was hardlie entreated; ... by reason of her hard usadge jorneyinge towards Argeile, she was intercepted by the said James, and marryed; by whome she had five sonnes and a daughter." (Miscellany of the Maitland Club, vol. iv. p. 44.) As James Stewart, Sheriff of Bute, had lawful issue by a second marriage, he probably had obtained a divorce from his first wife.
And, farder more, the said Duck, and all the n.o.bilitie, being Erlles and Barronis of Parliament, joyned with him, shall subscryve and seall these Articles and comptis within the s.p.a.ce of xx or threttie dayis, at the uttermost, nixt following the day of the delyverance of the said hostages; and shall also procure and persuad all utheris of the n.o.bilitie that shall joyne tharne selfis heirefter with the said Duck, for the causses above specified, lykwyis to subscryve and seall these articles at any tyme efter the s.p.a.ce of twentie dayis efter thair conjunctioun, upoun requisitioun maid to thame on the partie of the Quenes Majestie of England.
And, finallie, the said Duck, and the n.o.bilitie joyned with him, certainlie perceaving, that the Quenis Majestie of England is thairunto moved onlie upoun respect of princelie honour and nychtbourehead, for the defence of the fredome of Scotland from conqueist, and not of any uther sinister intent, doeth by these presentis testifie and declair, that [neither] thai, nor any of thame, meane by this compt to wythdraw ony dew obedience to thair Soveraine Lady the Quene, nor in any lefull thing to withstand the Frenche King, hir husband and head, that during the marriage shall nott tend to the subversioun and oppressioun of the just and ancient liberties of the said kingdome of Scotland; for preservatioun whairof, boyth for thair Soveranis honour, and for the continuance of the kingdome in ancient estait, thei acknowlege thameselfis bound to spend thair guidis, landis, and lyves. And for performance of this present Contract for the part of England, the Quenes Majestie shall confirme the same, and all clauses thairinto contained, by hir letteris patentis, under the Great Seall of England, to be delyvered to the n.o.bilitie of Scotland, upon the entress of the pledges afoirsaid within the ground of England.
[In witnes wheirof, the Commissionaris for the Ducke of Chasteaularault and n.o.bilitie of Scotland befoir named, haif subscryved these presentis, and thereunto affixed their seales, the day, yeare, and place afoirsaidis:--
JAMES STEWART.
PATRICK L. RUTHWEN.
JOHNE MAXWELL.
W. MAITLAND.
JHONE WYSHART.
HENRICUS BALNAVES.]
In witnes quhairof, the said Duck his Grace of Northfolke,[121] hath subscryved these presentis, and thairinto affixit his seall, the day, yeare, and place foirsaid.
[THO. NORFFOLK.]
[121] Knox has here inserted the Articles of the Convention at Berwick, 27th February 1559-60, as confirmed by the Duke of Chattelherault, at Leith, 10th May 1560, "after the incoming of the English armies," (Calderwood"s Hist. vol. i. p. 578.) In this confirmation the signatures of the Scotish Commissioners to the Articles are omitted, as the copy it embodied was that exchanged with the said Commissioners, and attested by Thomas Duke of Norfolk, Earl Marischal of England, as Commissioner from Queen Elizabeth. The original Articles, with the signatures of the Scotish Commissioners, as given in the text above, along with the clause enclosed within brackets, are inserted in Rymer"s Foedera, etc., vol. xv. p. 569; edit. 1740, vol. vi. par. iv. p. 95, under this t.i.tle, "Conventiones Scotorum contra Reginam Unionem Franciae et Scotiae designantem, et pro Defensione contra Francos." A copy of these Articles, from a minute endorsed by Secretary Cecil, and printed among the Burghley State Papers, p. 253, omits the testing clause altogether. In the same volume, there is a letter from the Duke of Norfolk to the Privy Council, last of February, stating,--"that these three daies have we been in conference and consultation with the Lords of Scotland, upon this great and weighty matter." Copies of this Convention are also preserved among the Cotton. MSS. Calig. B. ix. fol. 34, and B. x, fol.
69. The Commission, dated 29th March 1560, added to one of these MSS., has thefollowing marginal note by Sir Robert Cotton:--"It seems by the Commission given by the Queen for confirmation of these Articles, dated in the month of March following, that this treaty was concluded before the Queen would openly profess herself a party, which is to be noted."
Whiche Contract we find honest, rea.s.sonable, and that our saidis Commissioneris thair hathe consideratlie respected to the comoun wealth of this realme, of us, and our posteritie; and thairfoire do ratifie, allow, confirme, and approve the same, with all clauses and articles thairin contained, by thir presentis.
In witnes heirof, to the same subscryved with our handis, our seallis of armes, in sick caises accustomed, are appended. At the camp foiranent Leyth, the tent day of May, the year of G.o.d J^m V^c and thriescoir yearis.
(_Follow the Subscriptionis._[122])
[Sidenote: THE SUBSCRIPTIONIS.]
THE DUCK OF CHASTEAULARAULT.
EARLE OF ARRANE.
EARLE OF HUNTLIE.
EARLE OF GLENCARNE.
EARLE OF MORTOUN.
EARLE OF ROTHESS.
EARLE OF MOUNTEITH.
LORD OGULVIE.