History of the Reformation of the Church of Scotland, Book 3 · Floating text 3 – Floating text 4
The Articles Translated and agreed by John, Bishop of Valance, and Monsieur Randam, Deputies to the King and Queen of Scotland, upon the matters presented to them, by way of Petition, for the part of Nobilitie and people of Scotland.
IN the first, Upon the Complaint and Petition of the said Nobility, and the people of this Countrey, and the number of men of War sustained by their Majesties in these parts in the time of Peace. It is humbly remonstrated to the said Deputies, that they would provide convenient remedie thereunto, for the comfort and reliefe of the Countrey. The said Deputies considering the said desires to be just, and conformable to reason, condescended, agreed, and assured, That the King and Queen should procure no French Men of Warre, nor no other nation to come to these parts in time comming. But if strangers would pretend to enter into this Realme with a Navie or Armie, to occupie the same: In the which cause provision shall be made by their Majesties, the judgement and counsell of the States of the Realme being had thereto, and that the French Men of Warre being now in the Town of Leith, shall be sent to France the same time, that the Navie and Armie of English-men and Scottish-men be scattered and departed both by sea and land, the which shall be done in the best manner may be, as at more large consideration shall be had thereupon, and as to the bands of Scottish men of warre, being at the said place, they shall be broken, and the men of war licensed to depart. Moreover, as to the Forts of Dumbar, and Incheketh ▪ that there shall remain in them an 120. Frenchmen of war onelyonly, which shall be parted and distributed in these two places, and there shall remain no more in Dumbar, but threescore men of warre, so it be affirmed by the Captains chosen to that effect by both the parties, that for the keeping of the same, a greater number is not need full: also to depart when the States of the Realm can finde any good and sure remedie upon the expences made in the said places, to keep the same from perill of invasion or ruine thereof from them that would pretend to occupie the same, they shall immediatly shew the same unto their Majesties as hastily as may be done: and in the mean time the number of the said men of war shall not be augmented. And in like manner, it shall not be lawfull to the said men of warre, to do any injuries to any persons, nor yet to maintain and defend any Scottish men, of what qualitie soever they be of, against the will and authoritie of the Magistrates of the Realm, nor to receive them in the said places that the Minister of Justice may not put hands on them, nor yet shall intromit in any manner of way, with the quarrels and discords of the Lords, and other particular men of this Realm: But they themselves shall be bound in cases of any quarrell, to be punished after the Laws and constitutions of this Realm, and to answer for themselves before the Judges Ordinaries of the same. Last of all, that from henceforth they be not compelled to take on credite, they shall be every monethmonth satisfied of their wages, so that two Scottish Lords chosen by the Councell, may present it, at the Wapon shawing and musters of the said men of warre, and also to visit the said Forts, to see if the number of them be liked, and it shall not be lawfull to the said men of war to take any victuals for their sustentation, or for munition of the said places, but by paiment of readie money numerate, and with the pleasures of them that delivereth the same unto them: And therefore the said Lords obliges themselves to give them so much as is needfull unto them, they having to pay therefore.
Item, upon the petition pre…ented unto the said Lords Deputies, anenst the demolition of the fortifications, the said Deputies consent, agree and assureth, that the fortification of Leith shall be demolished, and that two, three, or four Captains shall be chosen by both the parties to view the Castle of Dumbar, and if it be found by them, that the reparation, amplification▪ and fortifying made thereof now after the peace▪ greater number of men to the keeping thereof be required, the reparation and fortification thereof shall be abolished, so soon as may be done, and shall remaine onelyonly untouched that thing while we may make the said Castell more sure, and in lesse danger from invasion. Providing not the lesse that no greater number of men therein be required for keeping of the same. Moreover,Note how they limit the Prince. in times comming the King and Queene shall make no mo… new Forts within this Realm▪ and shall not augment them, that are else made, nor shall repair them that are demolished without counsell and consent of the Estates; nor yet shall transport to these parts, any Artillery, Munition of Warre, Powder, or Victuals, but so much as may serve for keeping of the said places by the space of six moneths, or a yeer.
Item, Anenst the Demand made about the debts contracted by the French men of War in this Countrey, The saids Deputies consenteth, That the King and Queen shall cause to be restored all that which happeneth to be found given and granted to the Kings Lieutenant, and his Captains, and other Officers, for the nourishment, sustentation, and maintenance of the said French-men; or that which is found owing by the Lieutenants for service of their Majesties, that may appear by writ, or confession of parties.
Item, Upon the Petition made anenst the Convention of States of this Realm, the said Deputies Consented and Accorded, &c. That the States of the Realme may convene and hold a Parliament the twentieth day of the monethmonth of Iuly next to come; upon the which day the Parliament shall be continued, as the use is, unto the first day of the monethmonth of August following. Providing alwayes, That before they begin to handle any thing in the said Parliament, all tumult of War be discharged, and cease, that they who are present may be free without fear of men of War, or others; and that in this mean time a Messenger be sent by the said Deputies to the King and Queen, to certifie them of the things agreed, treated and accorded, requesting their Majesties humbly to be contented with the same. And the said Convention shall be as lawfull in all respects, as the same had been ordained and done by expresse Commandment of their Majesties. Providing that no matter be treated therein before the said first day of August.
Item, Note how the Prince is limitated, and his will is not a Law.Upon the Article presented concerning War and Peace, the said Deputies Consented, Accorded, &c. That the King and Queen neither make Peace nor War on their parts, but by the Counsell, Judgement, and consent of the States, according to the Ordinance of the Countrey, and as was observed by their Predecessors.
Item, Upon the Petition presented to the said Deputies concerning the Government and Regiment of the Policy, they have Consented, &c. That four and twenty worthy men of this Realme be chosen by the States, of the which the King and the Queen shall chuse seven, and the States five; which in their Majesties absence shall take order, and make one ordinary Councell for the administration aforesaid, so that no man of whatsoever quality he be, shall have the power to order any thing to be done touching the said businesse, without the mediation, authority, and consent of them; and the said Councellors shall convene together as oft as they can conveniently, but shall convene no lesse nor fix together. And when any matter of importance occurreth, they shall all be called to consult, and order to be taken by them, or the most part of them, if need be: And if it happen any of the said seven chosen by the King and Queen to decease, their Majesties shall chuse another forth of the said number of four and twenty in the place of him that deceased. And if any of the said five chosen by the States dieth, the remnant forechosen by them shall name another of the number of 24. Moreover, if it be thought expedient to the said States that other two be augmented to the said number of 12. then and in that cause, the King and Queen shall chuse one, and the States another; and so was this Article agreed under condition, that is to say, That the same be no prejudice in times coming to the King and Queen, and Rights of the Crown. And the said Deputies offered their labours to make mediation to the King and Queen, for maintaining Pensions and Expenses of the said Councellors, and ordinary Officers of the said Councell, to be provided of the Rents and Revenues of the Crown.
Item, Upon the Petition made to the said Depu…ies anenst the Officers of this Realm, they consented and accorded, &c. That in time to come the King and Queen shall not depute any stranger in the administration of the Civill and Common Justice, and likewise in the Office of Chancery, Keeper of the Seale, the Treasurer, Controller, and every like Offices, and shall not use them, but shall be content with their owne subjects borne in the Realm. Moreover, It shall not be lawfull to put the Office of Treasury,Note. Controller, into the hands of any Church-man, or other which are not able to exercise the said Offices; the which Treasurer and Controller shall be provided of sufficient Commission to use the said Offices: But it shall be lawfull to them to dispose or sell Wards of Marriages, or other casualties, or any other things whatsoever they be, pertaining to their Offices, without advice and consent of the said Councell, to the effect that the Councell may know that all things be done to the profit of the King and Queen: And yet they will not binde or astraint the King or Queen to this Article, that they may not give when they think expedient.
Item, They accorded, That in the first Convention and Parliament of the States of this Realme, there shall be Constituted, Ordained, and Established, an Act of Oblivion, which afterwards shall be confirmed by the Kings and Queens Majesties, by the which the remembrance of bearing Armour, and other things which have been done shall be buried and forgotten, from the sixth day of the monethmonth of March, in the yeer of our Lord God 1558 yeers: And by the same Act, they which have contravened the Laws of the Realme, shall be excused, and free of all pains contained therein, even so as if it had never been contravened. Providing, That the Priviledge of the said Act be not extended to them which the States of the Realme shall judge unworthy thereof.
Item, It is agreed and concluded, That in the said Convention or Parliament, the States of the Realme, as the Custome is, and ordinarily is required, shall be called; in the which all they that have used to convene and to be present, may come without all fear or force done, or to be done to them by any person; so that the said States shall oblige them. That where in time coming any Sedition, or gathering of men of War shall happen to be without command of the Councell, being of the number of twelve, the Realme and Countrey shall repute the causers thereof, and they that convene, as Rebells, and shall pursue them as such like, that they may be punished by the Laws of the Realm, so that the K. and Q. shall not be compelled in time coming to send any men of War strangers in these parts, for obtaining due obedience of their subjects.
Item, They Offered, Accorded, and Agreed, That there shall be a generall peace and reconciliation amongst all Lords and subjects of this Realm, so that they that are called of the Congregation, and they which are not of the same, shall lay no reproach to others for the things which are done from the said sixth day of March, 1558.
Item, They Offered, Accorded, and Affirmed, That the King and Queen shall not pursue, revenge, nor make any persecution for the things that have been done, nor yet shall they suffer the same to be done by their subjects French-men, but shall have all things in Oblivion, as if the same had never been done. And such like the Lords of this Realm of Scotland shall do in all businesse betwixt them and the French-men on their. And if by sinister information, or any other occasion, their Majesties have conceived evill opinion against their subjects, they shall utterly forget and change the same: Nor shall they deprive any of them, nor take from them any of them, their Subjects, the Offices, Benefices, or Estates, which they have brooked and enjoyed in the said Realm before, by reason of any things they have medled with, from the said sixth day of March, 1558. And further, shall make no occasion of deprivation, nor deposing of them by any other colour, without just cause, but rather they shall esteem and use them in time coming, as good and obedient subjects. Providing, That the said Lords, and other subjects on their part, make to their Majesties all obedience such like, as other faithfull and naturall subjects owe to their Soveraigns.
Item, It is Accorded and Agreed, That it shall be lawfull to none of the Lords and Nobility of Scotland, or any other, to make Convocation of men of War, but in the ordinary cause approved by the Laws and Custome of the Realme; And none of them shall cause any men of War strangers to come to their parts; and much lesse shall attempt to do any thing against the King and Queen, or against the Authority of the Councell, and other Magistrates of the Realme; and they which have presented the Petition shall be bound thereunto. And in case any of them, or others, finde occasion to invade or take Armour against any man as he pretendeth, after that he hath communicated the matter with the Councell of the Realme, he shall present his Complaint to their Majesties, and generally they shall oblige them under the said pains, to do the things which pertaineth to good and faithfull Subjects, for the quietnesse and tranquility of the Realme, and Rights of their Soveraigne.
Item, It is Agreed, That if any Bishops, Abbots, or other Churchmen, shall finde or alleadge them to have received any injuries, either in their persons or goods, the Complaints shall be seen and considered by the States of the said Convention and Parliament, and there shall be made redresse, as they shall finde according to reason; and in the meane time no man shall stop them, but they shall brook and enjoy their goods, nor shall do any hurt, injury or violence to them: And if any doth contravene to this Article, he shall be pursued by the Lords as a perturber of a good Common-wealc.
Item, It is Accorded, &c. That the said Lords shall binde them to observe, and cause to be observed, all and sundry Points and Articles agreed in this Treaty; And if it happen that any of them, or any other should gainsay the same, the remnant Lords, and residue of the whole people, shall be enemies to him, and shall pursue him till he be chastned, and punished according to his demerits.
Item, It is Concluded, &c. That all the whole Realm may know that the King and Queen are not willing to keep any remembrance of the troubles and differences past, and so far as concerns the Nobility, and other subjects of this Realme; That their Majesties desire is to use them humanely, and to be favourable unto them, the said Deputies have promised and accorded, That the Duke of Chattellarault, and all other Noble-men of Scotland, shall be restaured and setled again in all their goods and benefices, which they had enjoyed in France; That they may brook and enjoy the same, in the same manner as they did before those debates, the said sixth day of March, and yeere aforesaid, even as the said controversies had never chanced. And also that all Capitulations and Articles agreed upon in times past, and especially those that were appointed in the King and Queens Contract shall be observed and kept, as well for the part of their Majesties, as for the part of the Nobility and people of Scotland. And as concerning David, son to the Duke of Chattellarault, now being in Bois de Vincennes, liberty shall be granted unto him to returne into Scotland, and to do as he pleaseth. Moreover, when the said Deputies exposed that some time it might chance, That the King might have need and use of his great Guns and Artillery in France, the said Lords having consideration thereof, accorded, That no other Artillery be translated out of this Realme, but those which were sent and brought in, from the said day of the decease of Francis King of France, of good memory, to these parts: And that all other Artillery aud Munition be reposed into the places whence they were taken forth, and in speciall they that have the Arms of Scotland, shall be put into the places whence they were taken forth of. And there shall be Noble-men of Scotland appointed therefore, and two for the part of the Kings Majesty, are to be deputed to agnosce and view the same afore the Shipping thereof.
And moreover, That whereas in the names of the Nobility and people of Scotland certain Articles concerning Religion and other Points have been presented, which the said Deputies will not touch; and considering the weight and importance of them, has remitted the same to be cognosced and decided by their Majesties; The said Lords and Nobility do promise, That a certain number of Noble-men should be chosen in the next Convention and Parliament to be sent to their Majesties, which shall expose to their Highnesses those things that shall be thought needfull for the state of their busines, and for the forementioned and other Articles and Points undecided by the Deputies, to the effect they may know their Majesties intention & good wil concerning those things which shal be exposed from the Country: the which also shall have with them a confirmation & ratification by the states of the Realm, of those articles which are concorded, &c. by the Deputies; to whom also the same time or before shal be given and delivered, and like Confirmation and Ratification made by their Majesties, so being that the said States send their Ratification aforesaid.
The Proclamation of the things above-written, made the 8 of Iuly, in the yeere of God 1560.
TO the glory of the Almighty Lord God, and to the comfort of all Christians, the most puissant Prince and Princesse, and most Christian King and Queen Francis and Mary, by the grace of God, King and Queen of France and Scotland: and by the most puissant Princesse Elizabeth, by the same Grace, Queen of England, France, and Ireland, &c. It is accorded, and Reconciliation of Peace and Amitie made, which is to be observed inviolably, amongst them, their Subjects, Realms and Countries. For as much as in name of the said Prince and Princesse it is commanded, and straitly charged to all manner of persons under their obedience, or being in their service, from henceforth to desist from all hostility both by Sea and Land, and to keep a good Peace the one with the other, and with charge, that none shall break the same under perill of, &c.
These things transacted, and the Peace Proclaimed, as is said, sudden provision was made for transporting of the French to France, of whom the most part were put in the English Ships, who also carried with them the whole spoile of Leith: The profit th… Leith got of their promise liberty.and that was the second benefit which they received of their late promised liberty, the end whereof is not yet. The English Army departed by land the 16 day of July, in the yeere of God 1560. The most part of our Nobility Protestants, honourably conveyed them (as in very deed they had well deserved) But Lord Iames would not leave the Lord Gray with the other Noble-men of England, till that they entred into Barwick. After whose returning, the Councell began to look as well upon the affaires of the Common-wealth, as upon the matters that might concern the stability of Religion. As before we have heard the Parliament was concluded to begin the tenth of July, and to be continued till the first of August next, and therefore the Lords made the greater haste and diligence, that all things should be put in convenient order. But before all things the Preachers exhorted them (for then in Edinburgh were the most part of the chief Ministers of the Realme) to be thankfull unto God, and next to provide that the Ministers should be distributed, as the necessity of the Countrey required. A day was appointed, when that the whole Nobility, and the greatest part of the Congregation assembled in S. Giles Church in Edinburgh, where after the Sermon made for that purpose, publike thanks were given unto God for his mercifull deliverance, in forme as followeth.