BHO

Elizabeth: August 1574

Pages 550-552

Calendar of State Papers Foreign: Elizabeth, Volume 10, 1572-1574. Originally published by Her Majesty's Stationery Office, London, 1876.

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August 1574

August 12. 1545. Conditions for the Custody of the Jewels.
The Earl and Countess of Argyle shall retain certain jewels until certain demands be answered for money disbursed by the Earl of Murray in the King's service, on condition they shew them to be esteemed and valued, and giving caution to be answerable for them to the King's use. In case this content them the Regent will release them from the horn. Allowed by the Regent, 12 August 1574. Signed by Killegrew.
Copy. Endd. P. ¾. Enclosure.
[August.] 1546. The Regent's Answer to the Earl of Argyle's Articles.
That exhibition is only requisite when it stands in question to whom gear belongs is an invention without ground of law or reason, for the action of exhibition appertains to all persons claiming any corporal things in property. If power over the King's jewels was granted to the Earl of Murray they were not ordained to be withholden by his wife after his death, neither has her disbursing been great since for payment of the King's or her husband's debts. If the children claim them she cannot justly retain them, being neither "tutrix" nor administratrix. None of the debts are yet found and declared by account, there being sufficient time since the Earl of Murray's death to have ordered the same. If she had bestowed money upon avenging her husband's blood her desire to retain the jewels had greater show of reason. A great part of the goods of most value are retained by her, whereby a great part are consumed and perished. The offer that the Earl of Argyle and the landed men of his kin will be surety for the jewels is not sufficient, without the said jewels are first seen and considered. Nothing is procured against the Earl in this matter but according to law, for whatsoever is laid to a woman's charge her husband is debtor for it. As he knows the jewels are in his wife's possession there can appear no reason for the delay in the exhibition of the jewels.
Copy. Endd. by Killegrew. Pp. 12/3. Enclosure.
[August.] 1547. The Earl of Argyle's Answer to the Regent.
Has received a writing from the Queen's Ambassador, together with his desire to be done by himself and wife. They are willing to satisfy him in all things. Desires him to appoint a reasonable day for the exhibition of the jewels. His wife is evil at present to travel, and they are not in the bounds where she is. Prays him to relax them both from the horn, that he may travail with his friends for the caution.—Argyle.
Copy. Endd. P. 2/3. Enclosure.
August 28. 1548. Memoir to Robert Fletcher of the Regent's Answer.
Cannot grant relaxation from the horn without surety that at the day appointed the things promised will take effect, and not frustrate as at the first relaxation. If he will find caution of landed men, under the pain of 10,000l., to produce the jewels before him and the Council, on the 24th September, relaxation shall be incontinent granted.— Aberdeen, 28 August 1574.
Copy.
The Earl of Argyle's Answer to the Memoir.
In the articles sent by the Queen of England's Ambassador there was no surety required for keeping any particular diet, but for the sure keeping of the jewels. Altogether denies intromitting with any of the living of Murray during the first relaxation, and if he had the gear is his and not his wife's. Hopes he never shall merit the style of rebel to the King. His wife retains the gear, not for herself, but for her children. Cannot find caution to keep such a short day, because of his wife's inability at this time, and as long as he is at the horn he has no privilege to traffic with Lowland men. Thinks his Grace cannot lay to his charge the nonperformance of the things that were condescended to. The requiring of impossibilities makes him believe the Regent has little desire that the things should take end.
Copy. Endd. Pp. 1⅓. Enclosure.
August 28. 1550. Another copy of the Memoir to Robert Fletcher of the Regent's answer.
Endd. P. ½.
1551. Another copy of the Earl of Argyle's answer thereto.
Endd. P. 1.
The Countess of Argyle's Answer to the Regent's Objections.
August. 1552. Her husband has done what becomes him in travailing with her for the satisfaction of the Regent's desire. If her late husband retained the jewels in his hands for relief of the debts contracted by him in the common cause, whereof the burden is upon his children, she has just cause to withhold and retain them till payment be made. For her disbursing since her husband's death for the King's debts, there was super-expended above the value of the jewels in his lifetime. She can justly claim the jewels, being "tutrix" and administratrix for her children. It is not her fault that the debts contracted by her late husband are not declared by account, but it was because the executors nominated would not accept the burden; if he will suffer any person to stand in judgment thereon she will cause her husband s debts to be tried, known, and manifested. She was never charged to bestow any sums of money in avenging her husband's death, and if she had been she would have provided some other means than to have pledged the jewels which were not her own. She will do in that cause with goods and other ways as becomes her duty and honour. None of good conscience will judge that the debts contracted by her husband for the King's service should be relieved from his own goods. There is none living can prove her intromission or retention of any of the goods moveable saving the jewels.
Endd. Pp. 3. Enclosure.
[August.] 1553. The Regent's Conference with the Earl of Argyle's Servant.
The Regent found fault with the Earl for writing, as he was the King's rebel. He showed the Regent how willing his lord and lady were to satisfy him, and desired they might be relaxed from the horn. The Regent would not relax them until they found caution to fulfil the conditions agreed upon at such days as he would appoint. The Regent showed him in plain terms that it would be hard for them to fulfil the conditions, for the Countess said that after exhibition she may show a cause wherefore she ought to have them in keeping on caution. If they believe they will have them they would be disappointed. He assured him also that there was no horn that should not be used against his lady, as long as she keeps the jewels.
Endd. P. 1.