A. D. 1560. injury she had received, by the French queen assuming her title and'arms. Before this demand arrived at Edinburgh, Cecil fell upon an expedient, which removed the principal objection to the treaty. It was, that the

, Scotch congregationists ihould accept the re

dress of their grievances, as a matter of favour from their sovereigns; and that their demands should be settled apart from the treaty between Elizabeth and the French king. It - may be here proper to observe, tho' it has passed unnoticed by other historians, that this single circumstance is of importance enough to clear the leading nobility of Scotland, at that time, from all suspicion of disloyalty, and from all treasonable intentions of abridging the crown of its just prerogatives. 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 *."

* "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 saids 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

Thus a triple negotiation was concluded, A.d. »56o. one between Elizabeth and the French king,

nor any other nation whatsoever, unless in the event of a fo-
reign army's attempting to invade and possess this kingdom: Ir»
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 Tuch bands of Scottish soldiers;
as are within the town of Leith, shall be di(banded. I^nOfhat,
no more than six score French soldiers shall be detained in the M
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 coun-
try, 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 law*
and customs of the country. Item, It is provided, that to pre-
vent 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,
snd 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 fame; 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 some. . ..

R » « Second,

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A.d. 1560. concerning their general and national affairs; a Address 0f fecond between him, his wife, and their Scojtch

. "Second, As to the petition presented to the lords-deputies, concerning the demolition df 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 lrft in garrison, the place wil] be in danger to be surprized, it is accorded, That those who Jiave 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 conlent 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-deputjes 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 ofiicers, 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 acknowledgment os 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;

subjects, who, by their own undaunted perseve ranee, and the zealous policy of Cecil, ob

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 Scottifhmen, 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 saids lords' have consented, accorded, and agreed, That the three estates shall make choice of twentyfour 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 jhat 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

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A. D. 1560. tained all the security for their civil and religious rights that they could reasonably desire,

the other surviving four shall elect another out of the remainder of the twenty-tour that were nominated first. Moreover, if tlie states shall find it convenient to add to the number of twelve, two more counsellors; in that cafe, 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 iaids 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 upoa 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 ^he 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 bwful 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, thai) be exempted from the pains and penalties contained therein, as if they had never offended: Provided, never{ theless,

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