Part 6

[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 Nobillitie, 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 Nobilitie, to the delyverie of the Realme of Scotland frome conqueist.

_Item_, Thei shall never assent 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 space 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 horsemen 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 space 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 sex monethis to sex 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 associates, 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 Nobilitie, being Erlles and Barronis of Parliament, joyned with him, shall subscryve and seall these Articles and comptis within the space 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 Nobilitie 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 space 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 Nobilitie 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 Nobilitie 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 Nobilitie 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 title, "Conventiones Scotorum contra Reginam Unionem Franciæ et Scotiæ 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, reassonable, 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 God 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. LORD OCHILTRIE. LORD ROBERT STEWARTE. GAWIN HAMYLTOUN OF KILWYNING.[123] ERLE OF ARGYLE. LORD BORTHWICK. LORD JAMES STEWARTE. LORD OF SANCT JHONE. ALEXANDER GORDOUN. LORD JHONE OF ABERBROTHOK.[124] LORD BOYDE. LORD SOMMERVAILL. ABBOT OF KINLOSS. ABBOT OF CULROSS. JAMES STEWART OF SANCT COLMES INCHE.[125]

[122] These Subscriptions obviously exhibit the names and not the actual signatures of the Subscribers.

[123] Commendator of Kilwinning.

[124] Lord John Hamilton, Commendator of Aberbrothock.

[125] Commendator of the Monastery of Inchcohn, or St. Colme's Inch.

THE INSTRUCTIONIS GEVIN, SUBSCRYVIT TO THE SAID COMMISSIONARIS [THAT WENT TO BERWICK, AR THIR AS][126] FOLLOW:--

[126] The words enclosed in brackets, are supplied from MS. G.

AND for the first, Gif it shalbe askyt of yow be the said Duck of Northfolk his Grace, and otheris, [by] the Quenes Majesties appointment, appointed Commissionaris, gif our pledges be in reddines? Ye shall answer, that thei ar, and in Sanctandrois, the xxiiij of this instant, and shalbe reddy to delyver in hostages for securitie of our promisses, and part of contract, thei offering and macking securitie for thair part by the Quenes Majesties subscriptioun and great sealle, and delyvering the same unto you; provyding that thei chuse and mack thair electioun of the pledges as is convenient.

Secoundlie, Gif the saidis Commissionaris shall demand of yow, what interpryse the armye of England shall tak upoun hand at thair first incumminges? Ye shall answer, in generall the expulsioun of the Frenches soldiouris furth of this realme: and first and in specialle furth of the toun of Leyth, seing thair great forces ar thair.

3. _Item_, Gif it shalbe askit of yow, at what place our freindis and bretherin of England shalbe mett, and what day, what nomber, and what Nobill men in cumpany? Ye shall referr all those thingis to thair electioun and choise.

4. _Item_, Gif it shalbe askit of yow how the armyes shalbe fournissed with victuallis, and especiallie the horse men? Ye shall answer, that with thair advyses ane sufficient order shalbe tackin thairin.

5. _Item_, Gif it be requyred, how the munitioun shalbe carryed, and oxen furnissed to that effect? Ye shall answer, as we have gevin in commissioun to Lethingtoun, quhilk we ratifie.

6. _Item_, Gif it beis asked, wha shalbe Lievtennent to the armie of Scotland? Ye shall answer, my Lord Duckes Grace.

7. _Item_, Gif it shalbe inquyred, what nomber our haill armye extendis to? Ye shall answer, thai will, God-willing, be fyve thousand men.

8. _Item_, Gif it shalbe askit, what maner of way Leyth shalbe assaulted? Ye shall desyre all preparationis to be in reddenes, and the advyse to be taine after the placing of the armyes and view of the strenth schoirtlie.

9. _Item_, Gif it shalbe askit of the Castell of Edinburgh, gif thei will stand freindis or nott? Ye shall declair our diligence maid, and to be maid schoirtlie heirinto; but for the present can assure thame of nothing.

10. _Item_, Gif it beis askit, in caise the Castell be unfriend, whair the armye shalbe placed? Ye shall ansueir, for the first in Musselburgh and Tranent, and thei partis, till the battery, and all preparationis be in reddenes.

11. _Item_, In caise it beis inquyred of all bye-lyeris, and in speciall of my Lord Huntlie, in the North? Ye shall ansueir in generall, ane goode hope is had of the maist pairt thairof; and tuiching my Lord of Huntlie in speciale, ye shall schaw how he hes send writtingis to my Lord of Arrane, with ane servand in creddite, to assure him of his assistance; and for that caus hes desyred letteris of suspensioun of the Quene Dowageris commissioun, to be send to him, to be usit by him in thei partis, and utheris letteris to arreist the Clergies rentis and her's[127] boyth in thei partis, with proclamationis to cause all men to be in reddines to pass foruardis, for maintening of the religioun and expulsioun of strangeris. My Lord hes writtein to him, that he may come to him in proper persone, whairof the answer is nott returned as yitt.

[127] In MS. 1566, "hires;" MS. G, "hyres."

12. _Item_, Gif it shalbe askit, the place and maner of meiting of oure folkis, or of us and thame, in caise Striveling be kept? We referr the ansueir heirof to youre discretionis.

13. _Item_, Gif it shalbe askit that thair layed money shall have passage for thair viveris? Ye shall reasoun the commoditie and incommoditie thairof with the Counsale.[128]

[128] In Vautr. edit., "the Comishall."

14. _Item_, Gif it shalbe askit, what pioneris shalbe had? Ye shall answer, the nomber being expressed, and money be in reddenes to seld[129] thame, thei shall have sufficientlie.

[129] In. MS. G, "to pay;" in Vautr. edit. "to sell," and in both copies, "have sufficiencie," at the end of the sentence.

15. _Item_, Gif thei shall desyre that we declair our cause unto the Princes of Alamagne, and the King of Denmarke, desyring thair assistance? Ye shall answere, that we think the same good, and shall speedelie tak ordour thairwith.

16. _Item_, Gif it shalbe askit of yow to confirme for us, and in oure name, the thingis past and granted be oure formare Commissionare the young Laird of Lethingtoun? Ye shall in all poyntis for us, and in oure name, confirme the same, sa far as it shall mak either for the weill and conjunctioun of the twa realmes, or this present cause, or yitt for the securitie of oure pairt for fulfilling of the samein: and also, ye shall accept thair offeris, tending to the same fyne, and sic securitie on that parte, as ye may purchese, and especiallie sic as we heirtofoir exprimit. Gevin at Glaskow, the tent of Februar 1559.

_Item_, We gif and grantis you full power to augment, or diminische thir saidis heidis and Articles, as ye think the weall of the cause sall requyre in all pointis.

JOHNNE OF MENTEITH.[130] ANDRO OF ROTHESS. R. BOYD. WILLIAME MURRAY _of Tullibardin_. JOHNNE ERSKIN _of Dun_. JAMES HAMYLTOUN. ALEX^R. GORDOUN. AR^D. ERGYLE. GLENCARNE. VCHILTRE. JAMES HALIBURTOUN.

[130] The names of these Commissioners are mostly well known:--John Earl of Menteith, Andrew Earl of Rothes, Robert Lord Boyd, Sir William Murray of Tullibardine, John Erskine of Dun, James Hamilton Earl of Arran, Alexander Gordon, Bishop of Galloway, and Commendator of Inchaffray, Archibald Earl of Argyle, Alexander Earl of Glencairn, Andrew Lord Ochiltre, and James Halyburton, Provost of Dundee.

Schort efter this Contract, war oure pledgeis delyverit to Maister Winter, Admirall of the Navye, that came to Scotland, a man of great honestie, sua far as ever we could espy of him, quha war saiflie convoyit to New Castell. And sua the Ingliss army began to assembill towardis the Bordour; quhairof the Frensche and Quene Regent assurit, thay began to distroy quhat thay could in the tounis and cuntrey about; for the haill victuallis they careit to Leith; the mylnes thay brak; the scheip, oxin, and kyne, yea, the horse of poore lauboraris, thay maid all to serve thair tyrannye. And, fynallie, they left na thyng quhilk the verray ennemeis could have devisit, except that thay demolischit not gentilmenis housses, and brunt not the tonne of Edinburgh: in quhilk poynt, God brydillit thair furye, to lett his afflictit understand that he tuik cair for thame.

[Sidenote: The Crewell Fact of Martyckis.]

Befoir the cuming of the land armye, the Frensche past to Glasgu, and distroyit the cuntrey thair about. Quhat tyrannye the Martyckis[131] usit upone ane poore Scottis suldiour, it is feirfull to heir, and yitt his fact may not be omittit. Silver wald thay gif nane to the poore men, and sua war thay slow to depairt of the toun; for albeit the drum struik, the enseingze could not be gottin. Thair was ane poore craftis man, quha haid bocht for his victuallis are gray laif, and was eitting ane morsell of it, and was putting the rest of it in his bosome. The tyranne cam to him, and with the poore catyveis awin quhynger first straik him in the breist, and after cast it at him, and sua the poore man, stagring and falling, the mercyless tyranne ran him through with his rapper, and thairefter commandit him to be hingit ower the stair. Lord, thow wilt yitt luik, and recompense sick tyrrannye; how contemptable that ever the persoun was!

[131] See _supra_, page 12, note 1.

The secunde of Aprile, the yeir of God, J^m V^c and threscoir yeiris, the army be land enterit in Scotland, the conducting quhairof was commitit to the Lord Gray,[132] quha haid in his company the Lord Scrope, Sir James Croftis, Sir Hary Peircey, Sir Francis Laike, with mony uthir capitaneis and gentilmen having charge, sum of futmen, sum of horsmen. The armye be land was esteimit to ten thowsand men. The Quene Regent past to the Castell of Edinburgh,[133] and sum utheris of hir factioun.[134] At Prestoun met thame the Duckes Grace, the Erle of Argyle, (Huntlie came not till that the seige was confirmit,) Lord James, the Erlles of Glencairne and Menteith, Lordis Ruthwen, Boyd, Ochiltre, with all the Protestantis gentilmen of the West Fyffe, Anguss, and Mearneis. Swa that for few dayis the armye was greit.

[132] William Lord Gray de Wilton, "a gallant warrior," who distinguished himself on several occasions, and who, in 1559, was appointed Warden of the Middle and Eastern Marches.

[133] In a letter to Sadler, Randall writes on the 25th January 1559-60,--"It is thought that the Quene Douagier shalbe received very shortlie into the Castell of Edinburgh, for any travaile that can be to the contrarie, with her onlie howsholde servaunts and gentlewoomen." Two months later, on the 28th March 1560, he says, "It hath been longe in doubte whether the Quene Douagier woolde either to the Castell of Edinburgh or to Lythe; it is saide, that it is now resolved, that it will to the Castell this daye."--(State Papers, vol. i. pp. 696, 712.) That the Queen had the purpose of entering the Castle at the time first specified, is evident from an incidental notice in the Treasurer's Accounts of his having paid £8 on the 26th January 1559-60, "to Maister Johne Balfour, for transporting of the Quenis Grace cofferis fra the Abbay of Halierudhous to the Castell of Edinburgh." On the same day, a messenger was sent "with clois writtingis of the Quenis Grace to Monsr. Dosell;" and two days later 17s. was paid "to ane boy passand of Edinburgh, with clois writtingis of the Quenis Grace to Monsr. Labroce, rynnand all the nycht." On the last of January, the Queen herself received the sum of £250. The actual date when the Queen passed from Holyrood House to the Castle, was the 1st of April. (Diurnal of Occurrents, pp. 56, 274.)

[134] The chief persons who remained in the Castle of Edinburgh with the Queen Regent, were John Hamilton, Archbishop of St. Andrews, William Earl Marischal, William Chisholm, Bishop of Dunblane, Robert Crichton, Bishop of Dunkeld, Abraham Crichton, Provost of the Church of Douglass, and James Makgill, Clerk-Register.--(Lesley's History, p. 284; Diurnal of Occurrents, p. 274; Holinshed's Chronicles, &c.)