CP 152, 56

From Waalt

CP Volume 152 Folio 56-58

HMC Volume 1 Page 187 Number 626

Haynes Page 253 Number 232

Transcribed by Samuel Haynes in “A Collection of State Papers . . . 1542 to 1570” London, 1740

27 Feb 1559 Articles between the Duke of Norffolk, and the Lord James of Scotland

From a Minute indorsed by Secretary Cecill.

AT Berwicke the 27th of February, the Yere of our Lord God 1559. Yt is agreed, appointed, and finally contracted, betwexte the Noble and mighty Prince Thomas Duke of Norffolk, Lieutenant for the Quene's Majestie of England in the Northe, in Name and behalfe of her Highnes on the one Parte, and the Right Honorable Lorde James Stewart, Patrik Lorde Ruthwen, Sir John Maxwell of Terriclis Knight, William Maytlande of Lethington, Yonger, John Vischert of Pyttarron, and Mr. Henry Balnevis of Hallhill, in the Name and Behalfe of the Noble and mighty Prince James Duke of Chastellerault, second Person of the Realme of Scotland, and the Remanent of the Lordes of his Partie joyned with him in this Cause, for meyntenance of Christian Religion, and Defence of the Auncient Rights and Libertie of their Countrye, on the other Parte, in fourme as after followith, that is to say: That the Queene's Majesty, hauing sufficiently understanded, as well by Information sente from the Nobilitie of Scotlande, as by the manifest Procedings of the Frenche, that they intende to conquere the Realme of Scotland, suppresse the Libertie therof, and unite the same to the Crowne of France perpetually, contrary to the Lawes of the said Realme, and the Pacts, Othes, and Promises of France; and being therto most humbly and earnestly requirid by the saide Nobilitie, for and in the Name of the whole Realme, shall accepte the saide Realme of Scotland, the saide Duke of Chastellerault, being declared by Act of Parliament in Scotland the heire Apparent to the Croune therof, and the Nobilitie and Subjects therof, in her Majestie's Protection and Mayntenance, only for the Preseruation of the same in theyr olde Freedoms and Liberties from conquest, as a Christian Realme in the Profession of Christes true Religion, during the Tyme that the Mariage shall contynue betwexte the Queene of Scotts and the Frenche King, and one Yere after. And for expelling out of the same Realme of suche, as presently and apparantly goeth aboute to practise the said Conquest, her Majestie shall with all speed sende into Scotlande a conuenient Ayde of Men of Warr on Horse and Foot, to joyn with the Powre of Scottish Men, with Artillery, Munition and all other Instruments of Warre meete for that Purpose, as well by Sea, as by Lande, not only to expell the present Power of the French, within that Realme, oppressing the same, but also to stop, as farre as conveniently may be, all greater Forces of Frenche to enter therin for the like Purpose: And shall contynue her Majesties Ayd to the said Realme, Nobilitle and Subjects of the same, untill the Frenche, being Ennemy to the saide Realme, be utteily expelled thence: And shall neuer transacte, compone, nor agree with the Frenche, nor enter in any Legue with them, excepte the Scotts and the Frenche shall be agreed, and the Realme of Scotland lefte in a due Freedom by the Frenche; nor shall leave the Maintenance of the saide Nobilitie and Subjects, whereby they might fall a Praye into theyr Ennemys Hands, as long as they shall acknowledge theyr Soverain Lady and Queene, and shall endeuour themselves to maintaine the Libertie of theyr Countrey, and the Estate of the Crouns of Scotlande. And in case any Forts or Strengthes within the Realme be wonn out of the Hands of the Frenche, at this present, or any Time herafter, by her Majesties Ayde, the same shall be immediately demolished by the Scottish Men, or deliuered to the saide Duke and his Partie aforesaide, at theyr option and choyse: Nether shall the Power of England fortifie within the Ground of Scotlande but by the Aduise of the saide Duke, Nobilitie and Estates of Scotland. For the which Causes and in Respecte of her Majesties moste gentill clemency and liberall supporte, the saide Duke and all the Nobilitie, as well suche as be now joyned with him, as suche as shall herafter joyn with him, for Defence of the Libertie of that Realme, shall to the uttermost of their Power, ayde and supporte her Majestie's Army against the Frenche and theyr partakers with Horsemen and Footmen, and with Victuels by Land and Sea, and with all other Manner of Ayde, to the best of theyr Power, and so shall contynue during the Tyme that her Majestie's Army shall remayne in Scotland. Item, They shall be Ennemys to all such Scottish Men and Frenche as shall in any wise shew themselves Enemys to the Realme of England, for the ayding and succouring of the saide Duke and Nobilitie, to the Delyuery of the Realme of Scotland from Conquest. Item, They shall neuer assent nor permitt, that the Realme of Scotland shall be conquered or otherwise knit to the Croune of France, than it is at this present, only by Marriage of the Quene there Soverayne to the French King, and by the Lawes and Liberties of the Land yt ought to be. Item, In case the Frenche shall at any Tyme herafter invade, or cause to be inuaded the Realme of Englande, they shall furnishe the Nombre of Horsemen, and one thousand Footmen at the leaste, or suche Parte of eyther of them, at the Choise of the Queene's Majestie of England; and shall conducte the same to passe from the Borders of England nexte Scotland, upon her Majesties Charges, to any Parte of the Realme of Englande, for the Defense of the same. And in case the Inuasion be upon the Northe Partes of England, on the Northe Parte of the Water of Tyne towards Scotland, or ageynst Berwyk on the North Syde of the Water of Twede, they shall convent and gather their whole Forces upon their owne Charges, and shall joyne with the Englishe Power, and shall contynue in good and earnest Prosequution of the Quarrell of England, during the Space of thirty Dayes, or so muche longer, as they weare accustomed to tarry in the Felds for Defence of Scotland, at the Commandement of their Souuerains, in any Times by paste. And also the Erle of Argile, Lord Justice of Scotlande, being presently joined with the saide Duke, shall employ his Force and good Will, when he shall be required by the Quene's Majestie, to reduce the North Partes of Irlande to the perfect Obedience of England, conforme to a mutuall and reciproke Contracte to be made betwixt her Majesties Lieutenant or Deputy of Irlande for the Tyme being, and the said Erle; wherin shall be conteyned what he shall doo for his Parte, and what the saide Lieutenant or Deputy shall doo for his supporte, in case he shall haue to doo with James Mackonele, or any others of the Isles of Scotland, or Realme of Irelande; for performance and suer keping wherof, they shall for their Parte entre to the Duke's Grace of Norffolk, the Pledges presently named by him, before the Entry of her Majestie's Ayde in Scottish Grounde, to remayne in England for the Space of six Monethes, and to be then exchanged upon delivery of new Hostags, being of like or as good Condition as the former, or being the lawfull Sonns, Brothers and Heyrs of any of the Erles or Barons of Parliament, that haue, or herafter shall shew themselves, and so persist, open Ennemys to the Frenche in this Quarrell; and so fourthe from six Monethes to six Moneths, or from four Monethes to four Monthes, as shall best please the Partie of Scotlande. And the Tyme of the Contynuance of the Hostages shall be, during the Mariage of the Queene of Scotlande with the French King, and one Yere after the Dissolution of the saide Mariage, untill further order may be had betwext bothe the Realmes for Peace and concorde. And furdermore, the saide Duke and all the Nobilitie, being Erles and Barons of Parliament, joyned with hym shall subscribe and seale these Articles and Compacts within the Space of twenty or thirty Dayes at the uutmost next following the Day of the Delyuery of the saide Hostages; and shall also procure and persuade all other of the Nobilitie, that shall joyne themselves herafter with the saide Duke, for the Causes aboue specified, lykewise to subscribe, and seale these Articles at any Tyme after the Space of twenty Dayes after theyr Conjunction, upon Requisition made to them, on the Parte of the Queene's Majestie of Englande. And fynally, the saide Duke and the Nobilitie joyned wyth him, certenly perceaving, that the Quene's Majesty of England is herunto only moued upon Respecte of Honour and Neighborhoode, for Defence of the just Freedom of the Croune of Scotlande from Conquest, and not of any other synistre Intente, doth by these presents Testifye and Declare, that they, nor any of them meant by this Compact, to withdrawe any dewe Obedyence to their Souerayn Lady the Queene, nor in any Thing to withstand the French King being her Husbande and Head, that, during the Mariage, shall not tende to the Subuerson and Oppression of the just and auncyent Liberties of the Kingdom, for the Preseruation whereof, bothe for theyr Souerains Honour, and for the Contynuance of the Kingdom in estate, they acknowledge themselues bounde to spend theyr Goods, Lands, Blud and Lyves. And for performance of this present Contracte for the Parte of England, the Queen's Majestie shall confirm the same and all Causes therein conteyned by her Letters Patents under the Greate Seale of England, to be delyuered to the Nobilitie of Scotland at the Entry of the Pleges aboue said. In Wytness, &c.