Spottiswoode Society > History of the affairs of the Church and State of Scotland from the beginning of the reformation to the year 1568 > Volume 1

168 THE HISTORY OF THE AFFAIRS [1557-
These I take to be the principal heads of the Instructions
given to the ambassadors ere they went to France. They
set sail from Leith in the month of February 1557-8, and in
their passage they met with a violent storm, insomuch that
one of their ships was lost about St Abb's Head soon after
their departure, and another near to Bologne, in which port
at last they all safely arrived, at least as to their persons.
Upon their arrival at the French Court, in the month of
March, they quickly set about the performance of their In-
structions, and easily obtained the Ratifications, Declarations,
&c. which I have already mentioned ; the true originals of
all which are to be seen bound up with the Register of the
Parliament 1558, according as they were presented to that
Parliament by the ambassadors themselves at their return
home. But it is choaking to hear of the perfidiousness of the
the History of the Reformation in England, if he meant that no such
regulation was now taken care of, when he says thus, vol. 3d, p. 280, edit.
1715: — " It was a great piece of foresight (viz. in the treaty with England
anno 1543) to secure the nation, by having a Governor with full powers
still residing amongst them. In the subsequent treaty with France there
was not that care and precaution used." If by the subsequent treaty icith
France, he mean a treaty of marriage different from this present one,
though he were yet alive, it would cost him all his skill to find it out,
except it were by hearsay. As to what this right reverend author says,
p. 279 — " It seems they (the Paidiament) intended that no Peers should be
created, but with the concurrence of the Parliament ; for the Lord
Governor, with the advice and consent of the Estates of Parliament, made
the Lord Stewart of Ochiltree a Peer, to have vote and place in Parlia-
ment," the matter was this: — Andrew Stewart Lord Avondale, did in the
year 1534 exchange that Lordship with Sir James Hamilton of Fiunart
for his Barony of Ochiltree ; and the alteration of the title of Lord Avon-
dale to that of Ochiltree was ratified in the Parliament 1542-3 in these
express words — " The quhilk day my Lord Governour, with avise and con-
sent of the three Estatis of Parliament, lies create, maid, and ordainit
ane nobil and myty man Andrew Lord Avandale Baroun and Baroun-rent,
and Lord of our Souvrane Ladyis Parliament, and to be callit he and his
successouris in tyme to cume Lord Stewart of Ochiltre, and to haif vote
and place in the Parliament as utheris Lordis of the Realme audit and
sould haif in the saim, haifand all honours and dignities efferand thairto."
This is all the foundation the Bishop has for his observation. I suppose
it is not unusual to ratify in Parliament such excambions of lands and new
titles at this day, though nobody will thereupon infer that the Sovereign
cannot create a Peer without consent of Parliament. Besides, I know not
if a Governor or Regent of a kingdom can create a Peer by his own
authority ; perhaps not even by consent of Parliament. I omit to take
notice of some other escapes in Dr Burnet respecting the dates of
papers, &c.