|Table of contents|
|←Wikisource:List of Acts of Parliament of the United Kingdom Parliament, 1740-1759|
|Table of contents|
Commission by Francis and Mary
- Commission by Francis and Mary to deputies act in the settlement of the affairs of Scotland
FRANCIS and Mary, by the grace of God, king and queen of France and Scotland, to all who shall see these present letters, greeting: the thing which we have above all others desired since the death of our most honoured lord and father the king lately deceased, whom God absolve, has been to preserve that peace, amity and confederacy established in his lifetime with our neighbouring christian princes, especially with our most dear and well-beloved sister and cousin the queen of England, by the best offices of friendship that lay in our power, as every one may perceive and know, by the sincerity of our actions, and our gracious deportment towards each of the said princes. But whereas the rebellion of some of our subjects of the kingdom of Scotland has been the occasion, that upon the frontiers of the said kingdom, and those of England, there has been some gathering together of soldiers from both kingdoms, which may have interrupted in some sort our common amity: for the re-establishment whereof, and to pacify the differences which upon this occasion may have intervened, we having received information, that our said sister is willing to depute some persons to repair thither on her part, do hereby publish and declare, that being desirous above all other things to fee Christendom in repose, and to continue that peace which God hath been pleased to bestow upon us, to his honour and the repose of his people; a thing which has been also very dear to us: and having perfect and entire confidence in our trusty and beloved John de Montluc bishop of Valence, and Nicolas de Pelue bishiop of Amiens, both members of our privy-council; James de la Brosse, Sieur de la Brosse, knight of our orders, and chamberlain in ordinary; Henry Clentin, Sieur d'Oysel, gentleman of our bed-chamber, and our lieutenant-general in the kingdom of Scotland, and Charles de la Rochefoucauld, Sieur du Randan, a captain of fifty men of our gens d'armes; and we being well satisfied of their good understanding, virtues, loyalty, experience and conduct: for these and other considerations us moving, have given commissions to them, or any three or two of them in absence of the rest, or during their necessary avocation elsewhere; and by these presents do give commission, order and appointment to the said persons, or any three or two of them, to transport themselves to the frontier of our said kingdom of Scotland, and to meet and assemble with the deputies of our said sister the queen of England, at such time, and in such place, together with such other circumstances as depend thereupon, and as shall be agreed upon by their common and mutual consent, and then and there to treat concerning the renewing of our foresaid mutual amity, and to devise such means as may serve to compose and make up the differences which may have brought an alteration therein, according as they shall perceive the fame to be for the behoof of our service, the peace and tranquillity of our kingdoms, territories, and subjects. And in like manner, to give assurance to our subjects of the kingdom of Scotland, that notwithstanding they have of late committed so grievous a crime, as to forget their duty towards us, if nevertheless they shall repent, and return to that obedience which they owe to us, we are willing to receive them into favour, and to forget all that is past, and not afterwards to make any enquiry into their former behaviour; because we are desirous of nothing more, than to fee them living under obedience to us, and in peace, union and tranquillity together. And generally to do in the premisses, the circumstances and dependences thereof, all and sundry things which we ourselves would or could do, if we were personally present, even altho' something should fall out which might appear to require a more special instruction than is contained in these presents. By which likewise we promise in good faith, and in the word of a king and queen, to hold agreeable, firm and stable all and every thing that shall be agreed, done and concluded by our foresaid deputies, or any three or two in the absence of the rest: and to maintain, keep, observe, approve and ratify the same within the time and after the manner as. they shall agree to; and that we mall never act in the contrary thereof any manner of way. For such is our will and pleasure. In witness whereof, we have signed these presents with our proper hands,. and have caused our seal to b.e appended. Given at Remorentin the 2d day of June, in the year of grace 1560, and of our reigns the first and sixteenth.
Signed, FRANCIS. MARY.
And in the folding, By the KING and QUEEN. De l'Aubespine.
And we subscribers in our own names, and in the names of the rest of the nobility of Scotland, do promise and shall bind ourselves to the within contents.
- James Stewart.
- W. Maitland.
The expedient proposed by Cecil was accepted of, and adopted by them; and as it is one of the most interesting parts of the Scotch history, I shall give the whole of the treaty in the notes, from the manuscript of Cecil himself, under the title of the "Accord betwixt the French Kyng and Queen of Scots, and the Nobilite of Scotland, 3 die Julii, 1560".
- The concessions of Francis and Mary to the nobility and the people of Scotland
Altho' war be sometimes permitted, for necessity, for self-defence, and for other just and reasonable causes; nevertheless seeing the effects thereof are afflicting and mischievous, it must of consequence be disagreeable and hateful to all those who have any thing of the fear of God remaining in them. For besides that there can be no war without a dissolution of the bond of charity, which is the true and certain mark whereby true Christians are discernible from those wicked ones who bear the name only of Christianity; humane blood is therein shed with far less regard than that of the brute beasts in the shambles; the whole body of the people is cruelly treated and trampled upon; the ill-deserving arc supported and favoured; the virtuous are oppressed, and constrained to abandon their houses and families; married women arc forced from their husbands; virgins are hal'd away, and made subservient to abominable practices; widows and orphans are left a prey to those whose chief business it is to work mischief. These are the effects of war: and therefore the cry of so many poor afflicted persons cannot fail to reach unto heaven, and be heard by him who cannot lie, and bath promised to revenge the evil which is done to the desolate, whom he hath taken under his own protection and safe-guard. All which inconveniences and mischiefs have been maturely and wisely considered by the king and queen our sovereigns, who desire nothing more than to maintain their subjects in peace, union and tranquillity: and being to their great grief advertised of the troubles which have fallen out of late in this kingdom of Scotland, following their own good and christian disposition, they have given express deputation to the reverend father in God, John de Montluc bishop and count of Valence, one of bis majesty's privy-council, and to Meslire Charles de la Rochefoucauld knight, Seigneur de Randan, chamberlain in ordinary to the king, and captain of 50 gens d'armes, to transport themselves into Scotland, with orders to appease the commotions of war, and reconcile, if possible, all differences, and to notify to the nobility, and all their other subjects in that kingdom, their majesties gracious intentions to receive them into favour, and to retain no remembrance of anything that has-intervened from the beginning of those troubles. Which gracious clemency the Scottish nobility hive received with all due submission and; reverence, both in name of themselves here present, and of those that are absent: and in testimony of their duty, have offered to render to their majesties all that obedience which the true, faithful, and natural subjects of this crown owe to their sovereigns; promising at the fame time to serve their majesties so faithfully, and so to acquit themselves of their bounden duties, that their majesties shall ever have occasion to treat them favourably. And in order to remove all differences which are at present subsisting, as well as to take out of the way the occasions that may chance to create new ones for the time to come, they have presented to the lords deputies a petition, containing certain articles for the preservation and maintenance of their liberties, laws, customs and privileges, and of peace, union and love among the whole subjects: of the which articles, such as haveappeared to be just and reasonable to the lords deputies, the said deputies have granted the confirmation, in name of the king and queen our sovereigns, in manner after following:
First, Upon the complaint made by the nobility and people of this country against the number of soldiers kept up here in time of peace, supplicating the lords-deputies of the king and queen to afford some remedy therein, for the relief of the country: The said deputies having considered the said request to be just and reasonable, hare consented, agreed, and appointed, in the name of the king and queen, That hereafter their majesties shall not introduce into this kingdom any soldiers out of France, nor any other nation whatsoever, unless in the event of a foreign army's attempting to invade and possess this kingdom: In which case, the king and queen shall make provision, by and with the counsel and advice of the three estates of this nation. And as for the French soldiers that are just now in the town of Leith, they mail be sent back into France, at the fame time that the English naval and land armies, together with the Scottish array, shall remove in such form as shall be more, amply devised. And it is likewise agreed, that such bands of Scottish soldiers; as are within the town of Leith, shall be disbanded. Item That, no more than six score French soldiers shall be retained in the forts of Dunbar and Inch-keith, to be divided between them two places; sixty whereof, and no more, shall remain in the fort of Dunbar. And if the states can fall upon any secure means, whereby to retrench the expence laid out on these two places, without incurring the danger of rendering them a prey to those that would pretend to make themselves masters of them, they are at freedom to acquaint their majesties thereof with the soonest. But the foresaid number of six score French soldiers shall in no wise be augmented: Nor shall it be allowable for them to do harm or injury to any person, nor yet to receive within their forts any Scottish men of what quality or degree soever, with intention to secure them from the magistrates of the country, or defend them against the officers of justice; nor shall they take any part in private quarrels, which may chance to fall out among the great men or other persons within the kingdom: And if any complaint shall be made against any of themselves, they shall be bound to answer before the ordinary judges of the land, and shall be liable to punishment, according to the laws and customs of the country. Item, It is provided, that to prevent their taking things upon loan, they shall receive their wages regularly each month. And it shall be lawful for two Scottish gentlemen, chosen by the council, to be present at their musters, and to inspect the forts, lest there be more men got into them, than the stipulated number. Item, The soldiers belonging to those two garrisons shall not take to them any victuals, without paying ready money for the same; at least, they shall not take them against the good will and consent of those to whom they belong: And the nobility shall be obliged to furnish them with as much as they stand in need of, provided they have money to pay for the same.
Second, As to the petition presented to the lords-deputies, concerning the demolition of fortifications, they have consented, agreed, and appointed, That the fortifications of Leith shall be demolished: And as for Dunbar, two commissioners shall be appointed by the lords-deputies, who, together with two Scottish men, shall visit the place, and consider what therein is fit to be demolished; and such new works as have been added to it, since the beginning of these troubles, together with such as may serve to enlarge the fortification, and render it capable to receive soldiers, shall all be thrown down three days after that Leith begins to be demolished. And forasmuch as by the said demolition, and the few soldiers that are to be left in garrison, the place will be in danger to be surprized, it is accorded, That those who have presented this petition, shall each, in particular, oblige themselves to defend it with all their force, against all those that would attempt to seize it. The same thing shall, in like manner, be agreed upon by the states, with respect to the wardens of the marches. And neither the king, nor the queen, shall hereafter cause to be built any new fortification within this kingdom, nor yet enlarge those that are now subsisting, nor repair those that are now to be demolished, but by the advice and consent of the states. Neither shall they cause to be imported any artillery, ammunition, gun-powder, or vivres, in a greater quantity than shall be necessary for the defence of the two forementioned forts, and the complement of their garrisons from one half year to another, or, at most, from year to year, without the advice and consent of the states foresaid.
Third, Touching the petition for the payment of such debts as be owing within this kingdom by the French and Scottish bands, in the service of the king, the lords-deputies have agreed, That the king and queen shall cause to be reimbursed whatever has been given to the king's lieutenant, to the captains, and other officers, for the subsistence of the said bands; and, generally, whatever the king's lieutenant is in debt for his majesty's service, whether the same appear by writing, or by the confession and acknowledgement of the parties.
Fourth, Concerning the petition relating to the assembling of the states, the lords-deputies have agreed, consented and appointed, That the states of the kingdom may assemble, in order to hold a parliament on the tenth day of July, now running; and that on the said day the parliament shall be adjourned and continued, according to custom, from the said tenth day of July, until the first day of August next: Provided, that before the states shall enter upon any business, all hostilities, both by English and Scottishmen, be at an end, that so the votes of the meeting may be unconstrained, and none of them be overawed by soldiers, or any other persons whatsoever. And during the interval of adjournment, the lords-deputies shall order a dispatch to the king and queen to advertise them of this concession, and supplicate them most humbly, that they would be pleased to agree to that which they have herein accorded. And this assembly shall be as valid; in all respects, as if it had been called and appointed by the express commandment of the king and queen; provided, always, that no matter whatsoever shall be treated of, before the foresaid first day of August.
Fifth, Concerning the article relating to peace and war, the lords-deputies have consented, granted, and appointed, That neither the king nor the queen shall order peace or war within Scotland, but by the advice and consent of the three estates, conformable to the laws, ordinances, and customs of the country, and as has formerly been done by their predecessors, kings of Scotland.
Sixth, Touching the petition presented to the lords-deputies, relative to the political government, and the affairs 6f state, within this kingdom, the said lords have consented, accorded, and agreed, That the three estates shall make choice of twenty-four able and sufficient persons of note of this realm; out of which number the queen shall select seven, and the states five; for to serve as an ordinary council of state, during her majesty's absence, for administration of the government. And it shall not be allowed for any person of what rank soever, to meddle in any thing that concerns the civil government, without the intervention, authority, and consent of this council: And the said counsellors shall be obliged to convene as oft as they can conveniently, and not under fix at a time: And when any matter of importance shall occur, they shall be called to consult and give their orders therein; at least, the greatest part must be present. And when any one of the queen's nomination shall happen to die, their majesties shall make choice of another to fill his place, out of the remainder of the twenty-four which were at first presented to them: And in like manner, when one of the five that Here nominated by the states, happens to decease, in that event, the other surviving four shall elect another out of the remainder of the twenty-tour that were nominated first. Moreover, if the states shall find it convenient to add to the number of twelve, two more counsellors; in that case, the king and queen shall chuse one, and the states another. And it is specially declared, That the concession of this article shall in no wife prejudge the. king and queen's rights for hereafter, nor the rights of this crown. And as for the salaries and expences to be paid to the said counsellors, and the officers under them, the lords-deputies engage to employ their interest and good-offices with the king and queen, to obtain these for them out of the revenues of the crown, provided they take care to attend and wait upon their charge.
Seventh, Concerning the petition presented to the lords-deputies, respecting the offices of the crown, they have consented, agreed, and appointed, That hereafter the king and queen shall not employ any stranger in the management of justice, civil or criminal, nor yet in the offices of chancellor, keeper of the seals, treasurer, comptroller, and such like offices; but shall employ therein the native subjects of the kingdom. Item, That their majesties shall not put the offices of treasurer and comptroller into the hands of any clergyman, or other person, who is not capable to enjoy a state office; and the treasurer and comptroller shall be invested with powers sufficient for the exercise of their respective offices: But it shall not be lawful for them to alienate or dispose of the wards of marriages, non-entries, casualties, nor of any other things which have relation to their offices, without the advice and consent of the council; that thereby the counsellors may be assured, that every thing is made to return to the queen's profit. Yet the deputies mean not, by this article, to have the queen limited and restrained from a liberty to grant pensions and gifts where she shall think fit.
Eighth, The lords-deputies have agreed, That in the enI suing parliament the states shall form, make, and establish an act of oblivion, which shall be confirmed by their majesties, the king and queen, for sopiting and burying the memory of all bearing of arms, and such things of that nature, as have happened since the sixth day of March, 1558. And by this act, all those who have any manner of way contravened the laws of the kingdom, shall be exempted from the pains and penalties contained therein, as if they had never offended: Provided, nevertheless that the privilege of this act be not extended to those, the estates shall not deem worthy thereof.
Ninth, It is agreed and concluded, That the estates shall be summoned to the ensuing parliament, according to custon; and it shall be lawful for all those to be present at that meeting, who are in use to be present, without being frightned or constrained by any person. And the estates shall oblige themselves, that in case there happen any sedition, or gathering together of armed force, without the orders of the council, consisting of the forementioned number; the whole country shall look upon the authors and affisters thereof as rebels, and as such shall pursue them' In order to have them punished according to the laws of the kingdom; that so neither the king nor the queen may be at any trouble in sending foreign soldiers hither, for enforcing obedience to themselves.
Tenth, It is agreed and concluded, That there shall be a general peace and reconciliation among all the nobility, and other subjects of Scotland; and it shall not be lawful for those persons who have been called the congregation, nor for those who were not of the congregation, to reproach each other with my thing that has been done since the aforesaid sixth day of March.
Eleventh, The lords-deputies have offered, agreed, and concluded, That neither the king nor queen shall prosecute, nor take revenge for any thing that is now past and gone; nor shall not allow their French subjects to prosecute nor revenge the same, but shall forget the same, as if it had never been done: And that the lords and gentlemen of Scotland shall comport themselves after the fame manner, for such things as have passed between them and the Frenchmen in this country. Moreover, if by false reports, or by other means, their majesties have conceived sinister thoughts of any of their subjects, they shall forget and change the same: Neither shall they denude or deprive any of their subjects of their offices, benefices, or estates, which they held formerly within this kingdom upon account of their having had any meddling in the things which have fallen out since the sixth day of March foresaid; nor yet assume a pretext or colour from any thing else, to deal so by their subjects, but esteem and treat them in all time coming as good and obedient subjects: Provided, also, that the said nobles, and the rest of the subjects, render unto their majesties, such an entire obedience as is due from faithful and natural subjects to their proper sovereigns.
Twelfth, It is agreed and concluded, That it shall not be lawful for the nobles nor any other persons to convene together in arms, except in such cases as are approved by the laws and customs of the land; nor yet to invite and bring in foreign soldiers, nor to enterprize any thing against the authority of the queen, the council, or any inferior magistrates, under the pains of rebellion and other penalties, contained in the laws of the country. And if it happen that any persons whatsoever mould pretend, that they had occasion given them to complain of injuries and to take up arms; in that case it shall be free to them to present a supplication to their majesties, but not until they have first communicated the fame to the council within the kingdom. And all in general shall bind themselves to perform this and all other things which belong to good and loyal subjects, for the peace and tranquility of the country, under the pains foresaid; and to do every thing that lyes in their power, for the preservation of the kingdom, and the rights of their sovereign.
Thirteen, It is agreed and concluded, That if any bishops, abbots, or other ecclesiastical persons, shall make complaint; that they have received any harm either in their persons or goods, these complaints shall be taken into consideration by the estates in parliament; and such reparation shall be appointed, as to the said estates shall appear to be reasonable. And, in the mean time, it shall not be lawful for any person to give them any disturbance in the enjoyment of their goods, nor to do them any wrong, injury, or violence. And whosoever shall act in contravention to this article, shall be pursued by the nobility as a disturber of the public weal and tranquillity.
Fourteenth, It is agreed and concluded, That the nobility shall bind and oblige themselves to observe, and cause to be observed, all the several points and articles comprehended in and granted by this treaty: And if it should so happen, that any one among them, or any other person or persons shall contravene the same, in that case all the rest of the nobility and people shall be. come enemies to them, and shall pursue them until they be punished according to their deserving.
Fifteenth, And to the end, the whole kingdom may perceive, that the king and queen are willing to retain no remembrance of all the by past troubles and differences, and how desirous they are to treat in a favourable manner the nobility and the other subjects of this kingdom, the lords-deputies have agreed, That the duke of Chatleheraut, the earl of Arran, his son, and all other Scottish gentlemen, shall be reinstated in the lands, goods, estates, and benefices, which they formerly held within the kingdom of France, and possess and enjoy them after the same manner as they did before the commencement of the troubles on the sixth day of March 1558, and as if those troubles had never fallen out. And likewise it is agreed, That all the capitulations made in times past, shall be maintained and observed as well by their majesties as by the nobility and people of Scotland; and, in particular, that which was made and agreed at the marriage of the king and queen. And the lord David, son to the duke of Chatleheraut, who is now (prisoner) in the castle of Bois de Vincennes, shall be set at liberty to return into Scotland, or to dispose of himself at his own pleasure.
Sixteenth, And whereas the lords-deputies have signified, that the king may have use for his artillery in France, it is advised and concluded, That no other artillery shall be transported out of Scotland, than what was sent thither since the death of the late king of France; and that all other pieces, but especially those which are marked with the arms of Scotland, shall be restored to the places from whence they were taken: And for the distinguishing of these several pieces of artillery, four commissioners shall be appointed, before the embarkation of the troops, viz. two Scottish, and two French gentlemen.
Seventeenth, Whereas on the part of the nobles and people of Scotland, there have been presented certain articles concerning religion, and certain other points, in which the lords-deputies would by no means meddle, as being of .such importance, that they judged them proper to be remitted to the king and queen: Therefore the said nobles of Scotland have engaged, that in the ensuing convention of estates, some persons of quality shall be chosen for to repair to their majesties, and remonstrate to them the state of their affairs, particularly those last mentioned, and such others as could not be decided by the lords-deputies; and to understand their intention and pleasure concerning what remonstrances shall be made to them on the part of this kingdom of Scotland: And those gentlemen shall carry along with them, to the king and queen, the confirmation and ratification made by the estates, of the several articles which are presently granted by the lords-deputies; at which time they shall get delivered to them the confirmation and ratification done by their majesties, and even sooner, if the estates shall transmit their own ratification before that time. In witness whereof, the said lords-deputies have signed these present articles, at Edinburgh the sixth day of July, 1560.