The pairtis of Fyiff sett at fredome frome the bondage of those bloodie wormes, solempned thankis war gevin, in Sanctandrois, unto God for his mychtie delyverance. Schorte after the Erlle of Arrane and Lord James, apprehended the Lardis of Wemes, Seafeald, Balgonye, and Durye,[109] and utheris, that assisted the Frenche; but thei war sett schoirtlie at fredome, upoun suche conditionis as thei mynded never to keape: for sick men have neather fayeth nor honnestie. Mr. James Balfoure,[110] who was the greatest practiser, and had drawn the band of the Balfouris, eschaiped. The Ingliss schippis daylie multiplied, till that thei war able to keape the whole Firth: whairatt the Frenche and Quene Regent, enraged, begane to executt their tirranye upoun the pairtes of Lowthiane that lay neye to Edinburgh. Lett Mr. David Borthwick[111] witnesse quhat favoris[112] his wyffe and place of Adenstoun[113] fand of the Frenche, for all the service that he had maid to the Quene Regent.
In the middest of Februarie war directed to England, frome the Dukis Grace and the Congregatioun, the Lord James, Lord Ruthven, the Maister of Maxweill, the Maister of Lyndsay, Maister Henrye Balnaves, and the Laird of Pittarrow; who, with thair honnest cumpanyeis and commissioun, departed by sea, all, except the Maister of Maxwell, to Berwick, whair thair mett thame the Duke of Northfolke, lievetennent to the Quenis Majestie of England, and with him a great company of the gentillmen of the north, with some also of the south, having full power to contract with the nobillitie of Scotland, as that thei did, upoun suche conditionis as in the same Contract are specified. And becaus we have hard the malicious tounges of wicked men mak false reporte of that our fact, we have faithfullie and trewlie inserted in this oure Historie the said Contract, alsweill thatt whiche was maid at Leyth, during the seige, as that whiche first was maid at Berwick, that the memorie thereof may byde to our posteritie; to the end that thei may judge with indifference, whither that we have doun ony thing prejudiciall to our comoun wealth, or yitt contrarius unto that debtfull obedience whiche trew subjects aw to thair supperiouris whose authoritie aucht to deffend and mainteine the libertie and fredome of the Realmes committed to thair charge; and nott to oppress and betray the same to strangearis. The tennour of oure Contract followis:—
The Contract at Berwick.
"James Duke of Chastelarault, Erlle of Arrane, Lord Hamyltoun, second persone of the realme of Scotland, and appearand [air] to the Croune, the Counsalle, Nobilitie, and principall Estaittis of the same: To all and sindrie, whais knawlege thir presentis shall come, greitting. We have weill considerat, and be fullie persuaded in what danger, desolatioun, and miserie, the lang enmytie with the kingdome of Ingland, hath brocht oure Countrey heirtofoir: how wechtie and florishing it shall become, gif those two kingdomes, as thei be joyned in one Iland by creatioun of the warld, so may be knytt in a constant and assured friendschip: These considerationis, groundit upoun a most infallible treuth, aucht no less to have moved our progenitouris and foirfatheris then us: but the present danger hanging over oure heades, by the injust dealing of those of whome we have alwayis best deserved, hathe caused us to wey thame more earnestlie then thei did. The misbehaveour of the Frenche ministeris[114] heere hathe of laitt zeris beine so greatt; the oppressioun and crueltie of the soldiouris, the tyranny and ambitioun of thair supperiouris and rewlleris so greavouse to the people; the viollent subversioun of our libertie, and conqueast of the land, whair at thei have by maist craftie and subtile meanes continuallie preassit,[115] so intollerable to us all, that at last, when we could nott obteane the redresse by humill suitis and earnest supplicationis presented to the Quene Dowager, who bayth for deuties saik and place scho did occupy, aucht to have bene most cairfull of oure estait; we have bene by verry necessitie, constrained nott only to assay our awin forces, but also to imploir the Quenis Majestie of England aide and supporte, quhilk hir Majestie hes maist gentillie granted upoun certaine covenantes, specified in ane Treaty, past at Berwick, betuix the Duck of Northfolk his good Grace, Lievtennent for hir Majestie, on that ane pairte, and ceartaine our Commissioneris, on that uther parte: Whairof the tennour followeth:—
"At Berwick, the twentie sevin day of Februare, the year of our Lord God Jm Vc fyftie and nyne yeris. It is appointed and finallie contracted betwix the noble and mychtie Prince, Thomas Duke of Northfolke, Erlle Marschell of England, and lievtennent to the Quenis most excellent Majestie of the said realme, in the name and behalf of hir Hienes, on the one pairte, and the rycht honorable Lord James Stewart,[116] Patrik Lord Ruthven, Sir Jhone Maxweill of Terreglis knycht, William Maitland of Lethingtoun younger, Jhone Wischarte of Pittarrow, and Maister Henry Balnaves of Halhill, in the name and behalf of the noble and mychtie Prince, James Duke of Chasteaularault, second persone of the realme of Scotland, and the remanent Lordis[117] of his parte, joyned with him in this cause, for the mainteanance and defence of the ancient rychtes and liberteis of thair countrey, on the other parte, in Forme as heireafter followeth: That is to say, That the Quenis Majestie, having sufficientlie understanded, alsweill by information sent from the Nobilitie of Scotland, as by the [manifest] proceadings of the Frenche, that thei intend to conqueir the realme of Scotland, suppress the liberties thairof, and unite the same unto the Croune of France perpetuallie, contrarie to the Lawis of the same Realme, and to the pactis, aithes, and promisses of France; and being thairto most humblie and earnestlie requyred by the said Nobilitie, for and in name of the hole Realme, shall accept[118] the said Realme of Scotland, the said Duke of Chasteaularault being declared by Act of Parliament in Scotland to be heyre appearand to the Croun thairof, and the Nobilitie and Subjectis thairof, unto her Majesties protection and meantenance, onlie for preservatioun of the same in thair auld fredomes and liberties, and frome conquest during the tyme that the mariage shall continue betwix the Queen of Scottis and the Frenche King, and ane yeare efter: and for expelling out of the samin realme of suche as presentlie and appearandlie goeth about to practise the said conqueist; hir Majestie shall with all speid send unto Scotland a convenient aide of men of warr, on horse and foote, to joyne with the poware of Scottis men, with artelzearie, munitioun, and all uther instrumentes of warr meitt for the purpoise, alsweill by sea as by land, nott onlye to expell the present poware of Frenche within that realme, oppressing the same, bot also to stopp, als far as convenientlie may be, all greater forces of Frenche to enter thairin for the lyke purpose; and shall continue hir Majesties aide to the said realme, Nobilitie, and Subjectis of the same, unto the tyme the Frenche (being ennemyes to the said realme) be utterlie expelled hence; And shall never transact, compone, nor aggrie with the Frenche, nor conclude any leigue with thame, except the Scottis and the Frenche shalbe aggreit, that the Realme of Scotland may be left in dew fredome by the Frenche; Nor shall leave the maintenance of the said Nobilitie and Subjectis, quhairby thei mycht fall as ane pray unto thair ennemeis handis, alse lang as thei shall acknowlege their Soveraine Lady and Quene, and shall indure thameselfis to mainteine the libertie of thair country, and the estait of the Croun of Scotland: And if in caise any fortis or strenthis within the realme be wonne out of the handis of the Frenche at this present, or at any tyme heareafter, by hir Majesties aide, the same shalbe immediatlie demolished by the Scottis men, or delyvered to the said Duck and his partie foirsaid, at thair optioun and choise; neather shall the power of England fortifie within the ground of Scotland, being out of the boundis of England, but be the advyse of the said Duck, Nobilitie, and Estaites of Scotland.
"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.