History of the Reformation of the Church of Scotland, Book 3 · Letter 8
The Contract at Barwick.
JAMES, Duke of Chattellarault, Earle of Arrane, Lord Hamilton, and others of the Councell, Nobility, and principall States of Scotland; To all and sundry whose knowledge these presents shall come, Greeting.
We have well considered, and are fully perswaded, in what danger, desolation, and misery, the long enmity with the Kingdom of England hath brought our Countrey heretofore: how wealthie and flourishing it shall become, if those two Kingdoms, as they are joyned in one Island by Creation of the World, so they may be knit in a constant and assured friendship. The considerations grounded upon a most infallible Trueth, ought no lesse to have moved our Progenitours and for fathers then us. But the present danger hanging over our heads, by the unjust dealing of those, of whom we have alwayes best deserved, hath caused us to weigh them more earnestly then they did. The misbehaviour of the French Monsieurs, I had almost said Monsters, here, hath of late yeers been so great. The oppressions and crueltie of the Souldiers, the tyrannie and ambition of their Superiours and Rulers, so grievous to the people, the violent subversion of our liberty, and conquest of the land, whereat they have by most crafty and subtill means continually pressed, hath been, I say, so intollerable to us all, that at last when we could not obtain redresse by humble suits, and earnest supplications presented to the Queen Dowager, who both for duties sake, and place, she doth occupie, ought to have been most carefull of our state, we have been by very necessitie constrained, not onelyonly to assay our own Forces, but also to implore the Queens Majestie of Englands aide and support, which her Majestie hath most willingly granted, upon certain conditions specified in a Treaty past at Barwick, betwixt the Duke of Norfolk, Lieutenant to her Majestie, on the one part, and certain our Commissioners on the other part, whereof the Tenour followeth. At Barwick the 27 day of February, the yeer of our Lord God 1559 yeers▪ It is appointed, and finally Contracted, betwixt the noble and mighty, Thomas, Duke of Norfolk, Earle Marshall of England, and Lieutenant to the Queens Majestie of the said Realm, in the Name and behalf of her Highnesse on the one part; and the Right Honourable Lord Iames Stewart, Patrick Lord Ruthuen, Sir Iohn Maxwell of Terregles, Knight, William Maitland of Lethington younger, Iohn Wischarde of Pittarrow, and Master Henry Balnaves of Halhill; in name and behalf of the Noble and Mighty Iames, Duke of Chattellarault of Scotland, and the Lords of the Congregation, joyned together in this Cause, for maintenance and defence of the ancient Rights and Liberties of their Countrey on the other part, in forme as after followeth: That is to say, That the Queen having sufficiently understood, as well by information sent from the Nobility of Scotland, as by the proceedings of the French, that they intend to conquer the Realm of Scotland, suppresse the liberty thereof, and unite the same unto the Crown of France perpetually, contrary to the Laws of the said Realm, and the Pacts, Oathes, and Promises of France. And being thereto most humbly and earnestly required by the said Nobility; for, and in the name of the whole Realm, shall accept the said Realm of Scotland the said Nobility and subjects thereof into her Majesties protection and maintenance, onelyonly for preservation of the same in their own freedoms and liberties, and from conquest, during the time that the Marriage shall continue betwixt the Queen of Scots and the French King, and a yeer after: And for expelling out of the same Realme of such as presently and apparently goeth about to practice the said Conquest, her Majesty shall with all speed send into Scotland a convenient aide of men of War, both Horse and Foot, to joyn with the power of Scotish men, with Artillery, Munition, and all other Instruments of War meet for that purpose, as well by Sea as by Land, not onelyonly to expell the present Power of the French within that Realme oppressing the same, but also to stop, as far as conveniently may be, all greater Forces of French to enter therein, for the like purpose, and shall continue her Majesties ayd to the said Realme, Nobility, and subjects of the same, unto the time the French (being enemies to the said Realme) be utterly expelled hence; and shall never transact, compose, nor agree with the French, nor conclude any League with them, except the Scots and the French shall be agreed, that the Realme of Scotland may be left in a due freedom by the French; nor shall leave the maintenance of the said Nobility and subjects, whereby they might fall as a prey into their enemies hands, as long as they shall acknowledge their Soveraigne Lady the Queen, and shall endeavour their selves to maintain the liberty of their Countrey, and the State of the Crowne of Scotland. And if in case any Forts or Strengths within the Realme be won out of the hands of the French at this present, or at any time hereafter by her Majesties ayd, the same shall be immediately demolished by the Scotish-men, or delivered to the said Nobility aforesaid, at their option and choice; neither shall the power of England fortifie within the ground of Scotland, being out of the bounds of England, but by the advice of the Duke, Nobility, and States of Scotland. For the which causes, and in respect of her Majesties most gentle clemency, and liberall support, the said Nobility, as well such as be joyned, as such as shall hereafter joyn with them already joyned, for the defence of the liberty of that Realme, shall to the uttermost of their power ayd and support her Majesties Army against the French and their partakers, with Horse-men and Foot-men, and with Victualls, by Land and Sea, with all manner of other ayd, to the best of their power, and so shall continue during the time that her Majesties Army shall remain in Scotland.
Item, They shall be enemies to all such Scotish men and French as shall in any wise shew themselves enemies to the Realm of England, Let us mark our advantage from France.for the ayding and supporting of the said Nobility in the delivery of the Realme of Scotland from Conquest. Item, They shall never assent nor permit that the Realme of Scotland shall be conquered, or otherwise knit to the Crown of France, then it is at this present, onelyonly by Marriage of the Queen their Soveraign to the French King, and it be ruled by the Laws and Liberties of the Realme, as it ought to be. Item, In case the French-men shall at any time hereafter invade, or cause to be invaded the Realme of England, they shall furnish the number of two thousand Horse-men, and one thousand Foot-men at the least, or such part of either of them, at the charge of the Queen of England, and shall conduct the same to passe from the borders of Scotland, next England, upon her Majesties charges, to any part of the Realme of England, for defence of the same. And in case the invasion be on the North parts of England, on the North side of the water of Tyne towards Scotland, or against Barwick, on the North side of the water of Tweid. They shall convene and gather their whole Forces upon their owne charges, and shall joyne with the English power, and shall continue in good and earnest pursuite of the Quarrell of England, during the space of thirty dayes, or so much longer, as they were accustomed to tarry in the fields for defence of Scotland. At the commandment of their Soveraignes at any time by past: and also the Earle of Argyle: Lord Justice of Scotland, being presently joyned with the rest, shall imploy his force and good will, where he shall be required by the Queens Majestie to reduce the North parts of Ireland to the perfect obedience of England, Note.conforme to a mutuall and reciproque contract to be made betwixt her Majesties Lieutenant or Deputie of Ireland being for the time, and the said Earle; wherein shall be contained what he shall do for his part, and what the said Lieutenant or Deputie shall do for his support, in case he shall have to do with Iames Mackconell, or any others of the Isles of Scotland, or Realme of Ireland. For performance and sure keeping whereof, they shall for their part come to the said Duke of Norfolk, the pledges presently named by him, before the entry of her Majesties Armie in Scottish ground, to remain in England for the space of six moneths, and to be there exchanged upon deliverance of new hostages, of like, or as good condition as the former; or being the lawfull sons, brethren, or heires of any of the Peers or Barons of Parliament, that have, or hereafter shall shew themselves and persist open enemies to the French in this quarrell, and so forth from six moneths to six moneths, or foure moneths to foure moneths, as shall best please the partie of Scotland. And the time of continuance of the hostages, shall be during the marriage of the Queen of Scots to the French King, and a yeere after the dissolution of the said Marriage, untill further order may be had betwixt both the Realmes, for Peace and Concord. And furthermore, the said Nobility, being Peers and Barons of Parliament joyned together, shall subscribe and seale these Articles and agreement, within the space of twenty or thirty dayes at the uttermost, next following the day of the delivering of the said hostages, and shall also procure and perswade all others of the Nobility that shall joyne themselves heereafter with the said Lords for the cause above-specified, likewise to subscribe and seale those Articles, at any time after the space of twenty dayes after their conjunction, upon requisition made by them on the partie of the Queens Majestie of England. And finally, the said Nobility joyned together, certainly perceiving that the Queens Majestie of England is thereunto moved, onelyonly upon respect of Princely honour and neighbourhood, for defence of the freedom of Scotland from Conquest, and not of any other sinister intent, doth by these presents testifie and declare, That they, nor any of them, mean by this agreement to withdraw any due obedience to the Soveraign Lady the Queen, nor in any lawfull thing to withstand the French King her husband and head, that during the marriage shall not tend to the subversion and oppression of the just and ancient Liberties of the said Kingdom of Scotland. For preservation whereof, both for their Soveraigns honour, and for the continuance of the Kingdom in its ancient state, they acknowledge themselves bound to spend their Goods, Lands, and Lives. And for performance of this present Contract for the part of England, the Queens Majestie shall confirm the same, and all Clauses therein contained, by her Letters Patents under the Great Seal of England, to be delivered to the Nobility of Scotland, upon the entrie of the Pledges aforesaid, within the ground of England. In Witnesse whereof, the said Duke of Norfolke hath subscribed these Points, and thereunto affixed his Seal, the day, yeer, and place aforesaid. Which Contract we finde honest and reasonable; and that our said Commissioners therein hath considerately respected the Common-weale of this Realme, of us, and our posterity; And therefore do ratifie, allow, confirme and approve the same, with all Clauses and Articles therein contained by these Presents. In Witnesse hereof we have subscribed the same with our Hands and sealed with our Seals of Arms in such causes accustomed are appended.
At the Camp before Leith the tenth day of May, the year of God 1560 yeers. Follow the Subscriptions.
The Subscriptions.
The Duke of Chattellarault.
Earle of Arrane.
Earle of Glencarne.
Earle of Rothesse.
Earl of Argyle.
Earle of Huntlie.
Earle of Morton.
Earle of Menteth.
Lord Ogilbye.
Lord Iames Steward.
Alexander Gordon.
Lord Boyd.
Lord Uchiltrie.
Gawin Hamilton of Kilwinning.
Abbot of Culrosse.
Lord Bothwike.
Lord of Saint Iohn.
Lord Iohn Abirbr…thok.
Lord Simmerwaile.
Lord Robert Steward.
Abbot of Kynlosse.
Iames Stewart of Saint Colmes Inche.