Elizabeth: January 1573

Calendar of State Papers, Scotland: Volume 4, 1571-74. Originally published by His Majesty's Stationery Office, London, 1905.

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'Elizabeth: January 1573', in Calendar of State Papers, Scotland: Volume 4, 1571-74, (London, 1905) pp. 452-482. British History Online https://www.british-history.ac.uk/cal-state-papers/scotland/vol4/pp452-482 [accessed 24 March 2024]

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In this section

506. Henry Killigrew to Burghley. [Jan. 1. 1572–3.]

Has received two letters from him. The abstinence is broken this morning. As long as there was hope of peace or reasonable abstinence he never made motion thereof to the Regent, who now is in as perfect health as ever he was, and is like to do well if he may have any good support in time; but if he be left desperate thereof he will renounce the regiment. Means to stay 1000[l] till the parliament. Thinks to go to Berwick about the matter, to take away all occasion of partiality here. Whatsoever shall be conferred upon the breach of the abstinence, he has carried himself indifferently so far as it might stand with the service of his sovereign. Leith. Signed: H. Kyllygrew.

2 pp. Holograph, also address. Indorsed (by Burghley's clerk).

507. Renewal of the War. [Jan. 1.]

"A breif declaration how materis hes procedit during the lait abstinence, and how in the defalt of the rebellis withhalderis of the Castell of Edinburgh the weir is renewit. At Edinburgh the first day of Januar. 1572."

Forasmuch as after the long dissension and unnatural war continued in and about this town of Edinburgh by occasion of the treasonable surprising and fortification thereof (abstinence and assurance then standing) through the defection of him to whom the custody of the Castle of Edinburgh was committed to our sovereign Lord's behoof, at last an abstinence and cessation from hostility was agreed to, beginning at the penult day of July last bypast to endure for two months, within which time it was accorded that the nobility and estates of the realm should assemble to advise by their means to establish a good and general peace, and that so holy a work should not be retarded, two, three, four, or five of either party might communicate together in all surety "to oppin up the meanis for the mair facill attening to a gude peax" etc., yet during those two months, not only was the assembly of the nobility on the part of the adversaries neglected and overpast, and his highness' late Regent, the Earl of Mar, at his coming to Edinburgh "frustrat and dissapoyntit," but also his majesty's coin was daily "counterfait and adulterat" within the Castle of Edinburgh, and given out as lawful money, a matter expressly tending to the violation of the abstinence, in as far as the counterfeiting of his majesty's money directly touched his highness and his estate to the prejudice thereof, and was also a deed against honesty and the laws of all nations; and albeit thereby just occasion was then given to have revenged that injury, notwithstanding, such true and earnest goodwill was in the Regent and the nobility professing the King's obedience towards a pacification (the Queen of England's ambassador earnestly travailing therein) that a prorogation of the former abstinence was granted for two months, beginning the 8th of October, to endure till the 6th of December last, and writings were subscribed thereupon, in which nomination, was made of persons for trial etc., and all melting, forging, printing, or "laubouring of cuinze" should cease till the said 6th of December. But, as the last head was manifestly contravened, so was nothing in effect of the other points observed. "Only sum (as directit frome thame) come to Sanct Johneston efter the appoyntit day, howbeit neyther of the noumer of the nobilitie, nor zit sic as semit to have sufficient commission or instructionis, deiplie and substanciouslie to deale in ye materis that war to be intreatit," so that the second two months are likewise overpast without any intention of peace appearing in them of the Castle. And albeit thereby it might be well perceived that no sincere meaning to peace was in them, yet, at the motion of the Queen of England's ambassador, the Regent [Morton] was content that the abstinence should be further prorogued till the 1st of January instant upon hope that they in the Castle should have come to some reasonable conditions. But that time also overpassing without demonstration of any such good will or intention of peace in them, about the end of the last prorogation, the ambassador, according to the direction of his sovereign, having conferred with them of the Castle, lately moved the said Regent for a further prorogation of the abstinence, to which motion he was not "difficil or contrarious," but, after some "spichis" posted at divers times touching that purpose, agreed to the prorogation on condition that the matter should be put to such point that there might be some likelihood of a peace to follow, and, for the furtherance of the same, was desirous that the ambassador should know of them in the Castle "for quhom thay dele, and upon quhat warrand," that they should nominate certain personages of authority, credit, and judgment for their party to meet with others of like quality for according upon the matters in controversy, as also to try and "cognosce" the violations of the former abstinence, and, in case of their discord, that the differences might be submitted to the decision of some indifferent "od" personage, and surety made for performance of that which should be determined; that "the printing irnis" might be put in the ambassador's hands, and the "cuinzeours" removed forth of the Castle upon sureties to be harmless; that the prisoners might be set at liberty—especially the Master of Forbes— upon band, "not of sic as the Erle of Huntlie hes heirtofore nominat, seing sum of thame culd not be persuadit to be oblist, upon feir consavit, gif thay had sa done, to be thairfore wrakkit and undone," but that a band under the pain of 10,000l. might be received of other sufficient noblemen or barons who should be worth 100,000l.; and that they of the Castle should content themselves with such daily and ordinary provision as conveniently and reasonably might sustain them during the abstinence, and forbear to take in any such great quantity of victuals, stuff, and other furniture as might confirm the suspicion conceived of their intention to continue the war, and provide the Castle for a year or two,—with assurance of the Regent's mind to condescend to the abstinence on these conditions. The ambassador passed to the Castle on the last day of December, and having made declaration of the same, they in the Castle taking advantage of the last head, touching the provision and victualling of the house, answered that they [would not be] content to be controlled in that point, and, except the same were first passed without condition, they would make no answer nor enter on further reasoning upon the remaining heads, being nowise willing in the said provision to admit any kind of restraint or limitation. It was said by them in the Castle in private speech to the ambassador, that he of whom they could like of to be the "od" personage was the King of France. Thus they have declared their obstinate presumption above the bounds of reason and measure, as unwilling of any good and tolerable peace, but rather desirous that the realm shall continue in civil war and dissension, "quhilk be thair only occasion is renewit," and of which they may be justly "comptit" the very authors, seeing nothing either unreasonable or impossible was demanded of them; for the conditions only tended to certain dealing and furtherance of the pacification, as no doubt all honest and indifferent men will judge, and consider therewithal that there was good cause to doubt whether the Duke and the Earl of Huntlie, with others heretofore of their party, would allow of the dealing of them in the Castle; who, in making the said corrupt money, had not only contravened their own obligation, but had hazarded the faith and promise of the noblemen for whom they in the Castle durst not undertake directly to promise, but "incertanelie" spake that they would do what they could in things which were to be performed by the noblemen of their party. Their conclusion is to make their advantage of the trouble, and to continue the war by themselves and strangers. It may also clearly appear that, without submission of the differences to some indifferent "od" personage, in case of discord, there was no intention of peace in them of the Castle. The King of France cannot in reason be thought meetest to be judge, in respect of his far distance and misknowledge of the circumstances of the Scottish controversies, which require speedy and "summar" decision. It is also certain that the principals of both parties avow the profession of the true religion, and therefore the rather should be judged by some personage professing the same true religion etc. And, therefore, seeing by their obstinacy all honest and equitable conditions are rejected, and the war renewed, my Lord Regent's grace, with advice of the Lords of Secret Council, has thought good to give public declaration thereof, that none upon ignorance judge otherwise of the cause of the renewing of the trouble than that is true.

1 p. Broadsheet. Blackletter. "Imprintit at Edinburgh by me Thomas Bassandyne, duelling at the nether Bow. M.D.L.xxij." Indorsed (by Burghley's clerk): "The declaration of ye K. part in Scotl." And by Burghley: "tempore Jac. Co. Morton Reg."

508. The Regent Morton to Henry Killigrew. [Jan. 6.]

Since your departing they of the Castle have been busy in their shooting. Howbeit, praised be God, the harm received is very little, and in effect none, except that which was done before the raid. Now by trenches and otherwise we have put things in reasonable good order, so that our market "keipis," and all other things in the town proceed "as gif the inymitie of the castell wer not." A soldier that quietly came forth of the Castle was apprehended on his returning, by whom we have heard of some that he was directed to, [and] those I have caused to be apprehended and placed in the steeple, against which the cannon shot is chiefly directed. The man apprehended shall be executed. I have "weilfar" entered on terms of "awre" with Sir James Balfour, but the matter stays upon some points which I am very "laith" to condescend to of myself, as I doubt not you will understand. I have also had conference with the Earl of Huntly's servant, and have good opinion that matters with him will take good success to quietness. "The morn," God willing, the Session shall begin again in the towns, which we mean shall not desist or be left off for the war, for the people take well with it. I look shortly to hear from you. Edinburgh. Signed: James Regent.

½ p. Addressed. Indorsed (by Burghley's clerk). Wafer signet. Marked: "Conway Papers."

509. Henry Killigrew to Sir Thomas Smith. [Jan. 7.]

My last to your honour was of the 22nd of December, at such time as I was going to St. Johnstone to confer with my Lord of Atholl, in hope also to have spoken there with the Earl of Huntly, who came not in time, as may appear by his letter here inclosed, and therefore I was fain to return to this town, unless I would be absent at the expiring of the abstinence, which I thought no ways convenient. The Earl of Atholl came to me on the 26th to St. Johnstone, where I abode with him two days, and (to be short), after I had made declaration to him of the Queen's intention towards the preservation of the young King and his authority, I also made recital of my doings while I treated between the parties, what my offers were to them of the Castle; and, to conclude, I saw no hope of peace unless they would refer their causes to some indifferent arbitrator, and in the end desired his lordship, in respect of the King's and his country's weal, and of his friends in particular, that if he knew any error in our proceedings, or could find any remedy for so great a malady, he would put to his helping hand. His lordship was of opinion that it was necessary to take a new abstinence for a longer time, whereby he and others might confer, and if he should be thought fit by the Regent and the other party to be a mediator, he would gladly bestow his labour, and do the best that in him lay. This he said as instructed by them of the Castle, whereby time might be driven off till aid of men or money might come out of France, which they look for daily, but I could not put him in hope of longer abstinence, because so little good had grown of the former; so that the profit of this my journey consists in this, that his lordship was made privy to her majesty's disposition for the preservation of the King, and furtherance of that which might occasion any good peace without respect of persons. I returned from St. Johnstone to this town on the 27th of December, and the 28th, being Sunday, I met with the Regent at the sermon, to whom I made relation of my journey, and declared the desires of the Earls of Atholl and Huntley for a longer abstinence. He said he was contented, so [that] he might see better appearance than yet he had seen that peace would follow, and desired me to sound them of the Castle; which I did on the morrow, and found them contented to renew abstinence for as short or long time, as I would, rather than any further trouble should grow by their occasion; which I made known to the Regent and his Council the same day. In the morning I had answer, in case they of the Castle would nominate two or three of the best of their party to confer with as many of the King's, at a day convenient, both for pacification and satisfaction of attempts committed during the abstinence, and bind themselves to stand to their order, or, in case they varied, to an umpire, he would grant abstinence upon these conditions following;— that all prisoners on both sides should be delivered upon reasonable caution, that the coiners and coining irons in the Castle should be delivered to my hand upon good warrants that the persons should be harmless during the abstinence, [and], last of all, that they should receive no more victuals or munition into the Castle than might serve a competent number during the time of the abstinence. Whereunto the Castilians answered (1) that they would nominate three or four of the King's party, and the Regent to "do" as many of theirs, to confer as above is said, who not agreeing, they to nominate the arbitrator— for their own part they desired the French King; (2) that as they had agreed to the delivery of the prisoners, so they thought it reasonable still, although nothing had been done, but could promise no more certainty than before, because my Lord of Huntley nor any for him were present, though not so far off but that his mind therein might sooner be known, of whose "condescente" they stood in no fear but that it would be obtained; (3) they were contented in case I would promise that all points of the abstinence should be kept by their adverse parties; to the last they would say nothing, for they utterly misliked with it. The same night I made report thereof to the Regent, his Council being present; who said all was but to drive time till Huntley, Atholl, and the rest might have aid out of France, and when I saw his intention I desired his grace and the rest to call to mind the long endeavour my sovereign first, and the French withal had used for so long time, sparing no charges to mediate a peace between them, for the which the Queen my sovereign looked daily to hear some certainty, and will be very sorry to hear the contrary. And, therefore, with such reasons and persuasions as I thought convenient to use both of such commodities and discommodities as might ensue by the war as well to themselves as to their neighbours, alleging that wars might soon be begun, but not soon ended. And thus being referred till the morning for answer, I had some private conference with his grace, wherein he still marvelled that I heard nothing of my man. I used as many excuses for his stay as I thought likely to reason, and told his grace that I was advertised from your honour of the great misliking her majesty had that no accord followed so long treaty, and so urgent necessity of peace. His grace hearing of this seemed to be greatly amazed, and said to me that if now, after he had taken such a burden upon him in hope of her majesty's favour and support, he should be in danger to be left in the mire, he would surely quit the regiment, "and shift for one which he thought he sholde be hable to doe aswell as any he[re] in Scotland." Wherefore I thought better to proceed no further for putting him in despair, but said I could not tell what to say to him till I might hear of my man's despatch. 'He has beene longe a comminge,' quoth he, "which is no smale discomforte to them that desier to be resolvede what they may truste unto, for if your sovereigne will deale well with me (as I trust she will) there was never Regent heretofore more willinge to runne her majesty's course then I ame." I said I did not mistrust his grace, I was sure he could do her majesty no greater pleasure than to procure peace by all good means, and to leave nothing undone that might obtain the same. He said that in the morning I should understand what the Council would resolve upon the relation and exhortation I had made, and, for his own part, I should be judge myself whether he would leave anything undone that might be granted unto with the surety of the King and his subjects. In the morning, being the last of December, I came again and found him with his Council, who, after a while, caused the Justice Clerk to make a repetition of that which had passed the day before, that [being] done to acknowledge how much the King and all his were bound to the Queen for the goodwill and care taken of his majesty and of his true subjects, praying that God might stop his enemies' malice till he might show himself thankful to her majesty. In the meantime there should be no slackness found in them to do what might content or satisfy her majesty, to whom they found themselves so much bound above all other Princes. After this entry he said how my Lord Regent's grace had advised with this Council, and debated the commodities or discommodities of peace or war, with their circumstances, and found that as peace is to be desired as a thing most necessary, yet a longer abstinence, without assurance that a peace should follow, was most prejudicial to the King and his party, alleging, for example, the five months' abstinence and treaties during the same to have passed without doing any good at all for the advancement of peace, whereunto they were no nigher now than when the abstinence was first taken, which by the adversaries was never kept; who only sought to win and drive time, as appeared by their doings, till they might hear out of France, which now they looked for daily, and had new practices in hand at home in the meantime prejudicial to the King's authority. "Theis abstinences," quoth he, "weare and are moste hurtefull to the Kinges parties, who, besides that they weare faine to keape the soldiours, a thing above their power and well knowen to their enymies, yet they forbeare to intromitte with the forfeictours and escheates which woulde have relieved them greatlie."Moreover the enemies during the abstinences had victualled the Castle," what by ayde receved oute of France, as by the helpe of coynininge used so muche to the prejudice of the Kinge and his realme, as also by relief from their tennantes, who notwithstandinge their goods wear stayd by law, yet either for naturall love to their landelords or for hope or feare of favour or displeasure in tymes comminge, they colde not forbeare to relieve them with great portions, yea, asmuche as thoughe their had bene no restraint made, and now latelie they wrote to the Duke and thearle of Huntley that they should not assente to any agrement without them," alleging the Regent's sickness, which he could not escape, and the Queen of England to be in great danger of her life, [and] that they looked daily for men and money out of France under the charge of Monsieur Chevalier, which, proving true and coming to pass during the abstinence, were so dangerous, in consideration that the King's soldiers want money, that it would by practice and corruption put the King and the lords of his party in peril of utter ruin. That this is likely to be true, in all appearance, besides my Lord Regent's own "spiall," it is known the Duke [and] the Earls of Huntley and Atholl have men in France soliciting this aid of men and money, which is promised, as they say, and in the meantime the Castilians were to receive at this vintage, by the first ships coming home, both wine, money, and munitions, to the fortifying of them, and weakening of the King's party. In consideration of all these causes, the Regent thinks he must of necessity, for the preservation of the King's estate, forbear to grant to longer abstinence, unless, as was first said, there might first some assurance that peace would follow be certainly conceived, which his grace said might be after this sort.—Certain to be nominated of both sides to convene both for accord and satisfaction of the attempts committed during the abstinence, which hitherto was not done to any purpose by the Castilians, but by the nomination of such as no man of honour would meet withal, the day and place of meeting to be set down, and assurance given on both sides that it should be executed accordingly, that an umpire should be named presently, other than the French [King], whom the King's party utterly refused because of his religion and last fact in France, saying they would not commit to his compromise a dead horse-skin, that both parties should bind themselves with assurance to stand to the sentence of the noblemen named, or, in case of difference, to the umpire, and this agreed, upon these conditions following the prorogation to proceed;—[restitution of prisoners, delivery of coining irons, no more victuals to be carried to the Castle than may serve them for the time of the abstinence]. When the Castilians heard me repeat all this to them that you have read, they only took hold at the last, and said directly, unless they might freely receive into the Castle and send out at their liking, they would have no abstinence etc. Understanding this resolution of theirs, I thought it best to take my leave of them, on condition that if I could not obtain the cancellation and altering of that article, I would come no more; which I did with as good words as I could, protesting for the Queen's majesty that I was sure it would not a little grieve her to see her goodwill towards them, declared both generally and particularly, take [no] better effect, and assured them, for all this, they should find her majesty, if they would use her favour and be conformable, gracious lady unto them; and for my own, seeing I was sent to be a minister of peace, I would no longer remain there than I might think to do good therein, being sorry it was not my chance, for the goodwill I bear some of them in particular, to be an instrument to do them good. Howbeit I saw that as peace is a blessing of God, so must it come from His bosom, and was afraid, seeing they were so near a war, that our sins deserved yet some further correction, and thus took my leave of them. After I had made relation of the Castilians' answer to the Regent and his Council I had plain answer that there was no hope of peace to be had, and, therefore, might send them certain word to look for war; which I did, and withal that I would withdraw to Leith, where I would remain a day or two preparing towards Berwick, that in case they thought I might stand them in any stead in the meantime, they should find me not unwilling to do what good I might. The messenger returned, by whom I had answer that I might depart when I would, for it would be long enough ere they sent for me. Wherefore I went to Leith the same night, because I would give no just cause to any to think that I would assist with my presence a present war.

The Earl of Montrose, who arrived after I had taken my leave, thinking to do some good with them of the Castle, desired that he might speak with them. Which he did upon the motion of Sir James Balfour, but my Lord of Montrose could do no good with them, and, therefore, on the 1st of this present, at 10 in the morning—for so long was he coming—the war began between the Castle and the town by shot of harquebuses without any hurt done. The next morning, as the sermon was at an end, the Castle shot eight cannon shot at the steeple, but did no harm to any person in the church; some that missed broke down a chimney or two which killed a poor man and hurt two more. This afternoon I went and took my leave of the Regent and the lords that were with him, to return to Berwick, at which time his grace desired me to write to her majesty of that which had passed, and that it would please her to consider graciously of his demands and offers sent by my man Hawkinges, which I leave to your honour to consider of, most humbly beseeching you to procure me a warrant for my revocation. I send you some occurrents herewith, and the letters I received from my Lord of Huntley and my Lord of Atholl. In few words, I think the abstinence has been hitherto prejudicial to the King, and beneficial to the Queen of Scots' faction, but now a longer abstinence would have been most dangerous for the King and his estate, and ill as the Regent is able to maintain the war, yet is he driven to take it upon him, and to use what means he can for his relief, which, if he have not of, as I fear, France will be glad to embrace him. But this also I leave to your wisdom.

This letter I brought to this town and stayed the sending hereof this day or two in hope to have received a proclamation from the Regent declaring the causes of this new war, which I am resolved to abide no longer for, but to send the same by the next despatch. Understanding by my Lord Treasurer's last letters that your honour was gone into Essex for a while, I sent the news of the breach of the abstinence to his honour, written the first of this month. I have this day sent Captain Arington to Edinburgh, where I have left two of my own men to bring me word as things shall fall out. Berwick. Signed: H. Kyllygrew.

pp. The last 17 lines holograph. Addressed. Indorsed. Notes in the margin.

510. The Regent Morton to Drury. [Jan. 9.]

"I have understand be Maister Killegrew the quenis Majesties ambassadoure, of the guildwill continewit be zow to the furthsetting of the authoritie of the King my soverane, quhairof I hertlie thank zow, for now the tyme is cum throw renovatioun of the weir with the castell, that we mon crave zour accustumat freindship in thay thingis quhilk may further the work we have in hand, truisting to find zour guidwill thairin; the rather for that ze sall thairin, I doubt not, do hir majestie guid service, the mater tueching the commoditie or perrell of boith the realms. Presentlie I will pray zow effectuislie to send heir sum of zowr awld experimentit capitanis with a mynour, gif ony be thair, to considder the work, that be thair advise thingis may the better proceid and hir Majestie the mair certanelie informit of the state thairof, quhilk I will ressave as thankfully at zour handes." Edinburgh. Signed: James Regent.

p. Addressed. Indorsed. Seal. Marked: "Conway Papers."

511. Henry Killigrew to Burghley. [Jan. 9.]

Since my despatch this morning to your honour, I received these inclosed from Edinburgh, which I send with speed, referring the contents of them to your honour's consideration. Touching Sir James Balfour, true it is he met me as I came from St. Johnstone towards Edinburgh, and upon conference I moved him to come to Edinburgh to persuade with them of the Castle to come to conformity; which he did; and, seeing their obstinacy, left them, as I have before written. In consideration whereof I was a suitor to the Regent for him; who said he should have favour for my sake. I was glad to win such a man from the Castle, who had credit both with the Duke and Huntley to bring them to accord. May it please your honour, therefore, to consider of this motion, that her majesty should write to the Regent some qualification touching the King, the Regents' deaths etc., which are the stay of the accord, and if her majesty, by advice, shall do anything therein whereby the Regent may be emboldened, it may be a mean to draw the Duke and Huntley to accord. This requires haste, that it may be here against this next Parliament, as your honour may perceive, and therefore I make the more haste in despatching the same to your honour. Her majesty's letters to the Regent in particular, and to the Estates in general, if it shall so seem good to her, may greatly, yea in a manner confirm an accord between the Duke, Huntly, and the Regent, contrarywise it may breed or continue the lingering civil war, which, as your honour knows, will draw on withal a dangerous sequel in the end. Berwick. Signed: H. Kyllygrew.

Postscript.— I sent my Lord of Huntly word by his man, that in case he found any difficulty in the Regent's assurance wherein he would employ my sovereign's favour, I thought the same, being reasonable, would not be denied to him. I left that word also with "Sandye" Hay, who has put, as I perceive by his letters, the Earl's man in comfort thereof. If by any good letter or deed herein the French purpose might be prevented, I trust your honour will allow thereof.

2 pp. Holograph, also address. Indorsed (by Burghley's clerk).

512. Sir James Balfour to Henry Killigrew. [Jan. 12.] Cott. Calig., C. IV., fol. 6.

"My very gud Lord, eftir my maist hertlie commendationis." After your depa[rture] I was in hand with the Regent's grace himself and some of the Council who were appointed to deal with me touching my appointment, "quhane I find nocht sic satisfactioun as I lukit for," albeit I cannot complain of any "inlaik" of goodwill in the Regent himself that things might be perfected, "bot rayir persawis new lettis and impedimentis dalie cassin in be sum about him, travelling to frustrate me, and wer nocht his awin honour and wisdome, in quhilk I have cheiflie reposed, I have cause alreddy to doubt of promisses." Your lordship remembers [that] I showed to you on what occasion I entered into their fellowship with whom I was accompanied during the troubles. Your lordship can bear me witness how earnestly I have wished and travailed for the pacification since your coming to Scotland; wherein, seeing difficulty in the Castle, I took course rather to follow the order which the greatest part of the nobility and estates had allowed, than to be a "pertiner" in that which appears to draw on greater "inquietatioun" in the country. My petitions are but to have surety to myself, my brethren, and servants, who by my occasion "mellit" in the late trouble, of lands, lives, goods, rooms, offices, and possessions, and shortly to be "reponit" in that estate and condition that I was in before the troubles, as your lordship may perceive by these iuclosed articles, without which neither can we find surety nor yet do I think will the Queen's majesty your sovereign, or yourself, think us well "handlit," considering we have first made submission— not without your lordship's travails and persuasion—and have prepared the way for others, who, finding us straitly dealt with, will be the more loth to follow our trade. There is difficulty made to grant our remission for the Earl of Levinax's slaughter—a matter done, as you know, in public hostility. Albeit I was not present, yet we cannot have surety, that being kept in store above our heads. The second cause is touching the deferring and suspending of the pursuit of the King's father's murder, wherein, albeit God knows my innocence, yet we find any present trial not without peril—the odious affection of some who voted our forfeiture upon that cause not being nullified and settled. Considering, nevertheless, that being indifferently tried we may abide the rigour of the laws, therefore we have desired the pursuit to be deferred for certain years, to the effect that, in the meantime, the noblemen who "votit the weir standing," when I or my brethren durst not for fear of our lives repair to make our defence, may have time and commodity to examine the truth of our parts, and thereupon to give just and sound judgments when the present troubles shall be removed, and particular affections settled, and after "the obbteyning of the zeiris" before any process to be led against us for that crime, that we be lawfully called, and our just defences heard according to the laws of the realm. Moreover, because, during the troubles, many crimes and spoils have been committed and made, for which, notwithstanding our commission, we may be pursued, and by the rigour of the law decrees may be obtained against us for the whole, how small soever our intromission was, without a declaration of the parliament, that we shall not be held to answer for those crimes and spoils, nor any of the lieges to have action against us therefor. "For uyirwayes oure commissioun culd not onlie na thing avale ws, bot gif uyiris terrour to zeild yair obedience on sa hard conditionis as importis nowyir suertie of lyff, landis nor gudis." There is difficulty made to restore me to my office of "pre[sident]schip," for which "I am nocht verray cairrand," saving that in honour I think evil to want what before I enjoyed. And, besides, I find captious promises used anent our restitution to our livings and possessions, which cannot serve us. Of all which I have thought good thus specially to inform you, and "effectuouslie" desire and pray your lordship, by your own letters, or failing them, that you will procure the Queen's majesty's letters to be directed with expedition to the Regent's grace and Council willing them that there be no difficulty, doubt, or delay used in giving surety to them that thus shall yield their obedience to the King—especially in granting remission for the Earl of Levenax's slaughter, in deferring and suspending the pursuit of the King's father's murder for certain years—which I would wish were specially moved by her majesty, as for [ ] years hereafter by which time the King will be [ ] years of age—that we may have discharge of parliament for the said crimes and spoils, and restitution to my office, honours, dignities, privileges, and other our lands, livings etc., and also to our rents and goods untaken up or intromitted with out of the tenants' hands at the time of the according to the abstinence, without ambiguity or captiousness, otherwise I fear not only my own "unsuertie" in protracting time, but that others seeing my hindrance shall have the less will to follow my "trade of doing," which will be to my great grief and scaith. "And heiranent quhatt I mycht lippin unto I wald be glaid to undirstand your oppinioun." In the meantime I will travail with my Lord Regent's grace to see what I may obtain at his hands, and if these things be not granted—which I doubt not but your lordship will think reasonable should be—I take God to witness that if any further "inconvenient" arise therethrough hereafter to the further "inquietatioun" of the common quietness of this country, the fault is not in me, for your lordship knows my deliberation in all respects; not doubting but her majesty will think convenient that we have full surety. Burly. Signed: Sr J. Balfour.

pp. No flyleaf or address.

513. Maitland and Grange to Mary. [Jan. 14.] C.P., Vol. IX.

"The frist of Januar the weirs begon agane betwene our partye and us [sic], qwhilk is maid only aganst this howse, for all utheris that hes profesit to be your favorais ar entrit in comoning with the Regent, and lyke to apont excep W. and Farniherst. Notwithstanding ther laivin of your cause, gif France will do for yow, your majesteis caus salbe mentenit in dispit of the Regent and England. For all that they intend to do agains this hous is to hungre it, qwhilk, God willing, sall be hard for them to do, for we ar provydit for a zere, and gif we had ony freindis be south fothe they could not keip us fra victualis, for sen we slew Captan Aikman at Saint Cuthbertis Kirk, they durst keip na gard without the west part; so that we usce and entre at the west syde whan we pleas. Gif the Queen of England sal assist the Regent with men, as scho laitly with twa thowsand markis stirling, we will be dryven to greater strait. And yet, God willing, baithe sall be bidin. We haif written oft to the B[ishop] of Glascow, but hes receavit na answer to our comfort. Therfor pleasis yow to write earnestly to him, for in the end if I get not relief I mon randir, qwhilk sall be knawne to the warld sall not be in my defalt. What we haif done with likell helpe your majesty will knaw herefter. I haif written thir few lynis to let yow know our present stait, for we haif written at lenht to Monsieur le Moth and Bishop of Glascow, and hes send ane of our owin to the King of France and [the bishop of] Glascou sen the commyn out of the abstinence. All Scotland mithe now be easily broth to your obedyence gif France wald send yow ony forcis, for nane can abyd the pryde and cruelty of the Regent." Edinburgh Castle.

1 p. Cipher.

Contemporary decipher of the same. At the head: "From them in Edinburg Castell. xiiij Januarii 1572."

514. Parliament at Edinburgh. [Jan. 15.]

"The names of noblemen quhilkis convenit at the Parliament begun at Edinburgh the xvth of January 1572."

The Earl of Morton, Regent. The Earls of Angus, Argile, now Chancellor, Glencarne, Cassillis, Eglinton, Montroise, and Mentieth; the Master Mershall for the Earl Marshall, his father. The Lords Ruthven, Lindsay, Glammis, Simpill, Boyd, Maxwell, Hereis, Gray, Oliphant, Sincleir, Forbes, Cathcart, Uchiltrie, Zestir, Burthuik, and Somirvile; the tutor of Sanquhair for the Lord.

Lords for the articles;—the Earls of Argile, Glencarne, and Montroise; the Lords Ruthven, Lindsay, Boied, Simpill, and Hereis.

The Archbishop of St. Andrews, the bishop of Orkney, the abbots of Abirbrothok, Dumfermling, Cambuskynneth, and Newbotle; the priors of St. Mary Isle and Portmook.

Commissioners for the burghs;—Edinburgh, Sterveling, Perth, Dundee, St. Andrews, Glasgow, Linlythqw, and Couper.

[On the back]: "Notes and titles of sic actis as weire past in the Parliament begun at Edr the xvth of January 1572, before the xxiiijth of the same."

Touching motion to be made for a league with the Queen of England anent the defence of foreign invasion for the cause of religion. And that others professing the true religion may be drawn into the same.

Anent execution to pass against persons excommunicated, proceedings in causes of divorce, reparation of the destructions of "biginges" and other damage in the town of Edinburgh, and confirmation of infeofment of rents to the college of Glasgow. Advice given to the Regent touching receiving to pardon of persons guilty of the slaughter of the Earl of Lennox, and touching suspension and delaying of pursuit of the murder of the King's father. [And other Acts as printed in "The Acts of the Parliaments of Scotland," vol. iii., pp. 71 etc.]

2 pp. Indorsed (by Burghley's clerk): "15 Jan. 1572. Names of 11. and others at ye Parl. in Scottl": and by Burghley: "tempore Co. Morton Regentis."

515. Parliament at Edinburgh. [Jan. 15, 17. and 26.]

Parliament of the most excellent Prince James VI., King of Scots, held and begun at Edinburgh on the 15th day of January Anno Domini 1572, by the Lords Commissioners of the Parliament under written.

Viz.,—Archibald Erle of Ergile, John Earl of Montrose, Adam [Bothwell] bishop of Orkney, Commendator of Holyrood, Robert [Pitcairn] Commendator of Dunfermling, archdeacon of St. Andrews, Secretary, Mark [Ker], Commendator of Newbotill, Adam Fowlartoun, and Master John Prestoun, commissioners of Edinburgh, commissioners of our said supreme Lord the King by his special commission, with the consent and advice of his dearest kinsman James Earl of Morton, Regent, specially constituted, together with Robert Cunningham, deputy of George Earl of Errol, Lord Hay etc., Constable, John Moncur of Stanys, deputy of William Earl Marschell, Lord Keyth etc., "Maister" Thomas Craig, deputy of the sheriff of Edinburgh, and Andrew Lindesay "adjudicatore settis vocatis curia affirmata." "The quhilk day the forsaidis Lordis commissaris of Parliament declaris this present Parliament with ye Parliament of befoir haldin at Leyt and continewit to yis present day to be haldin within yis burt of Edinburt to ryn and continew in ye self with all actionis and causses and domez dependand yerintill persewit or to be persewit againis quhatsumeuir persoun or personis with all dependentis therof in ye samin form as yai ar now and wer of befoir, ay and quhill ye Kingis grace, his said derrest regent, estatis or commissioneris of Parliament declair and decern ye samin to be dissolvit or vyerwise continewit."

Second day of the Parliament. The Regent present.

Parliament held on the 17th of January 1572 by the said Lord Regent and the three Estates of the realm etc.

For the clergy:—Archbishop of St. Andrews. The Bishop of Orkney.

Abbots:—Abirbrothok, Dunfermling, Dryburct, Cambuskenneth, Newbottill, Kynlos, Santcolmsinche (fn. 1) [Inchcolm], Corsragwell, Sanct Mary Ile, Portmowok.

For the Barons. Earls:—Angus, Ergile, Montrois, Glencarne, Eglintoun, Cassillis, Menteith.

Lords:—Ruthwen. Glammys, Lindesay, Boyd, Maxwell, Hereis, Sympill, Sinclare, Forbes, Oliphant, Somerwell, Uchiltre, Caithcart, William Master of Marishal.

For the commissaries of burghs. Adam Fowlarton and Mr. John Preston for Edinburgh, the Provost of Dundee, Oliver Peblis for Perth, William Norwell for Stirling, the Provosts of Linlythqw, Hadington, and St. Andrews, George Elphinston for Glasgow, the Provost of Dumfreis, Charles Fowlarton for Montrose, William Scott for Irwin, Robert Kynneir for Leith, William Dikeson for Pebli[s], Gawins Wilkie for Selkirk, the Provost of Cupar [Cowper].

Domini electi ad articulos.

For the clergy:—the Archbishop of St. Andrews; Bishop of Orkney.

Abbots:—Abirbrothok, Dunfermling, Cambuskeneth, Newbotill, Santcolmsinche, Sanctmary Ile, Portmowok.

For the Barons. Earls:—Ergile, Glencarn, Montrois, Ruthwen, Lindesay, Boyd, Glammys, Hereis, Symple.

For the commissaries of burghs:—Adam Fowlarton and Mr. James Preston for Edinburgh; the Provost of Dundee; Oliver Peblis for Perth; William Norwell for Striveling; George Elphinston for Glasgow; the Provosts of St. Andrews, Linlytqw, and Cowper.

The third day of the Parliament.

The Regent present.

Parliament held at Edinburgh on the 26th day of January 1572 by the said Regent etc.

For the clergy, (as on the second day except the abbot of Dryburgh).

For the Barons, (as on the second day, with the addition of) the Earl of Craufurd per commissionem.

Lords, (as on the second day, with the addition of) Lords Gray, Zaister, and Borthuik.

Commissioners of burghs, (as on the second day, with the addition of) the Commissary of Kyrkcudbryct; the Provost of Linlithgow, Robert Kynneir, William Dikeson, "Gawins" Wilkie, and the Provost of Cupar being absent.

pp.

516. Parliament in Scotland. [Jan. 15.]

Copy of No. 515.

pp. Indorsed by Burghley: "xv Janvar. 1572. The Parlement in Scotland when James Erle Morton was regent"; and in another hand: "The forme of the Parliament."

517. Parliament at Edinburgh. [Jan. 15 to 26.]

"The table of the Actes of Parliament begun at Edenburghe the xvth of January and concluded the xxvjth of the same moneth wth the substance of the Actes that cannot be well knowen by the tytills."

[As in No. 514, with the following additions.]

"The actes followinge concerne only particular persons, and so are not to be imprented."

An Act in favour of the Earl of Arguyle and other noblemen who have returned to the King's obedience, that they shall be exonerated and quit of all action criminal or civil which may be competent to our sovereign Lord or his subjects against them, "confirme" to their appointment and remissions.

An Act concerning an exoneration and discharge given to the Lord Glammes towards his intromission with the house of Kynnard pertaining to Sir John Carnagye.

An Act in favour of our sovereign Lord's faithful subjects the inhabitants of Edinburgh who were forth of the same the time of the late troubles. Confirmation and approbation of Parliament of the infeftment passed to the Lord Charles [Stewart] upon the earldom of Lennox.

Anent the restitution of Sir James Balfour and his brother. Process of forfeiture against them to have no execution etc.

5 pp. Indorsed: "1572"; and by Burghley: "The Parlement in Scotland a xv° Janv. ad 26 Janva."

Cott. Calig., C. IV., fol. 10.

Copy of the same.

518. Parliament at Edinburgh. [Jan. 15 to 26.]

Copy of No. 517.

5 pp. Indorsed: "Jan. 1572. Actes of Parlamt. concluded in Edenbrowgh"; and by Burghley: "begyn. xv Janv. and endyng 27."

Another copy of the same.

519. David Lyndesay to Henry Killigrew. [Jan. 16.]

"The sprit of the Lord Jesus comfort zour lordship." This Friday the commissioners appointed by the Regent and the Kirk convened, and have agreed that the book devised in Leith, wherein the order of the election of bishops, with many other good articles, is contained shall be notified in parliament, and also certain of our articles which last were given to the Regent and Council, (1) concerning the declaration of the true Kirk and punishment of Papists, (2) concerning the punishment of "syk as lyis at the horn," (3) concerning successors and gifts with "antidettis" to benefices, (4) touching manses and glebes for ministers to remain in, (5) concerning divorcements and confirmations of testaments. Other things are referred to this next Saturday, when we should convene, and especially "gif malitiose desertis spouse, ante conjugis" shall be sufficient cause of divorcement. The article which your lordship desired me to remember touching the murder is not like to pass, lest it should hold back some that are willing to come to composition. I cannot tell how long the parliament will last, but I suppose all shall be ended this next Wednesday at the farthest. This day the Castle have declared their evil with great shooting, and little harm. This other ticket contains the names of the Lords here present. Leith. Signed: David Lyndesay.

Names of the Lords assembled.—The Earls of Anguis, Ergyll, Glencarn, Cassells, and Eglinton, "the erll of Marschellis eldest sonne; the erll of Crawfurdis commissioner, because he is syck," the Earl of Montrose, the Earl of Rothows' [Rothes] commissioner.

The Lords:—Lyndesey, Rowthuen, Maxwell, Heress, Zester, Symmerwell, Glames. Boyde, Ochiltrie, Oliphant, Synclar, Endermeith, and Sempill.

These are here present "by" bishops and abbots.

2 pp. Holograph. Addressed. Indorsed (by Burghley's clerk).

520. Alexander Hay to Henry Killigrew. [Jan. 17.] Cott. Calig., C. IV., fol. 4.

Although I be slow in writing, partly for want of matter, and partly for fear to be "comptit bissy," yet, when I write, I disclose myself "nakitly," whereunto I would be "laith" if I had not proof with whom I have to do, and of the end I trust your lordship's travails tend to,—which is to have peace with all Christian Scotsmen who can be content to obey God and the King, "otherwyse I wald the side quhair I am wan." [Note in the margin in Killigrew's hand: "This man wysched hem selfe ever more to be on the wyning syde."] Captain Cokburne can hereupon tell a tale of the words of the old Laird of Blandrine spoken to the Lord Hume before the conflict at Cockburnspath [Cowbrandispeth]. In preferring matters touching the Kirk and religion, I shall omit nothing lying in my poor possibility, and if I fail therein shall be content to "underly" the verdict of the ministers, you being judge. What the Earl of Huntly will do, I cannot certainly affirm. His servant Alexander Drummond being here had long speech of my Lord Regent, and departed northward "contentit in my awin consail"; to whom I believe he was plain. True it is that no answer from thence is "sensyne" returned, but I look hourly for it. A friend of mine not unacquainted with the northern state of this county writes to me these words;—that he finds "all safer as he can lerne of the north partes." ("Howsoevir thay seamit outward") [they] yielded in their hearts, and determined to receive peace upon reasonable conditions. The Earl of Ergile came to this town on the 11th instant, and with him James Hamilton of Orbistoun, who has also spoken at length with my Lord Regent. The very offer I know not. The proposition, as we hear, is that a new abstinence might pass betwixt the Regent on the one part, and the Duke and the Earl of Huntly on the other, taking the burden for them for all of that party, and if the Castle would be content of their doing, to be comprehended; otherwise the Duke and the Earl "had mater to appoynt beside thame." I think the most part of our Council be of mind that the Duke and Earl will come to a point for themselves and such as are properly theirs. "Gif others will cum to end with the like conditionis, that thay sall not be refusit." Whether the Duke and Earl agree hereto or not, I remain doubtful, but as things fall out, you shall know. "For thame at Sterling, here ar present the abbotis of Dryburgh and Cambuskynneth. Thingis zit standis in termis as I write last. The circumstances I mon still leif to meting, for I rest in hope that ze sell returne. Zour commendation of that mater be write will not greitly avale, and I doubt but that it be suspected. Zour sute proceidis on my informatioun, qhairin I haif not bene curious nor meant ony thing undewtifully or untrewly, bot ernestly wishis that alliance may proceid, quhilk I think suirlie, as materis now gais, may stand in greate steade to baith the housses, and gif it fall of be cauldnes, dryves, and not zeilding to frindly conditionis, I feir the decay of alliance sall also decay uther freindship, quhilk may do harme. Na thingis ar mair dangerous in this waltering and confusit state nor is disdayn and want of affabilitie; for in the tyme of my unthrifty service I remember the harme hes followed, quhair anye associat freindis dissipat thame selffis. All this poynt must remane untowched, for quhatsoevir is written in that behalf wilbe ymagened to proceid of me. The men quhilkis I write post fra the toun of Dundie at desire of the Forbesses proceidit not further nor Montrose, thair intent being aftir disclosit, sa that mater is not like to cast of ony other gude purpose, quhairunto I heir our northern folkis ar bent. Quhen othir dued weir or dued peax is meant, hard it is for me to dissimulle thair deseignes." I sent the last "occurrentis" that came from you to "Maister Gerge," to Stevreling [Stirling], and in my next letter shall send your commands.

Of the nobility there are already in this town, besides the Regent and the Earl of Anguss, the Earls of Ergile, Montrois, Cassillis, Eglinton, Glencarn, Menteyth, and the Master of Marsheall, the Lords Ruthven, Lindsy, Glammis, Simpill, Oliphant, Maxwell, Somirvile, Boyd, Uchiltrie, Sinclare, Forbes, Cathcarte, etc. Buchane, Borthuik, and Hereis are instantly looked for, for my Lord's grace has received letters from them all. Craufurd is deadly sick. Gray says he is sick. The others are far off or not well affected, "or ar out of use to show them selffis honourabilly, and we want zour gude law and custom to exact a penalty of that Baron of Parliament that absentis him self in tyme of public service." We want also your rolls, "and our prelates hes na greit countenance." Your lordship may perceive, notwithstanding my haste, I make a "cocq a lane," always trusting in your lordship, "because ze sa ernestly wishis me to write, and I muste se[nd] the paper with sum mater or other."

Our soldiers' service is somewhat slender; "thay quhisper and mutine" for lack of payment—the question is for the "biganis." In the mean while the Castle folk have greater likerty than is seemly, and this day have "brint" St. Cuthbert's Kirk. Edinburgh. Signed: A. Hay.

Postscript.—If your lordship writes any thus hereafter, put it in such terms as I may show it, putting such things in a "tikket" apart, "as ze wald na others wer prevy to."

pp. Holograph, also address: "To the richt wirschippfull Mr Henry Killegrew, esquier" etc. Indorsed (by Burghley's clerk).

521. Maitland and Grange to Monsieur De La Mothe Fénélon. [Jan. 17.] C.P., Vol. IX.

Sir, by a letter which we wrote to you on the 13th December, if you have received it, you have learnt the state of affairs here for that time. Since that day there has been no other change, except that the abstinence ended on the first of this month, in the morning, and we are in open war since. Our enemies have all their forces in this town of Edinburgh in order to assiege the Castle, but have not great means to damage us much, except that they prevent us from bringing more victuals or other provisions for the furniture of the place. Touching the rest, we are injured in nothing. We have good means enough for sending people and letters out, and to have intelligences, and they cannot hinder us from making sallies to our advantage. All that they can do, if they are not assisted by the forces and artillery of England, is to make us eat our provisions, hoping that by want of victuals, when we have not the means to renew them, to make us render the place at last. We have despatched a man to the King [of France] on purpose to advertise his majesty of our necessity and to beg him to succour us. If we had wished to remit ourselves altogether to the arbitration of the Queen of England, according to the instance which her ambassador made us, he promised us wonders, and that all things should be determined to our advantage; but since he has understood our last resolution, that we would not give heed to anything without the advice of his most Christian majesty, he departed from here very badly satisfied with us, and we make no doubt that he acts against us the worst that he can. Forasmuch as the passage of the messenger is not too much assured, and that danger may happen to him by the way, we have thought proper to write to you at present on chance to beg you very humbly to remonstrate to his most Christian majesty the necessity into which we may fall at length, and to solicit him vigorously to succour us as soon as it shall be possible, and for that purpose to send forces into Scotland this spring. The King could not employ them elsewhere in a place where they have the means to do him more service. For assuredly if he does not give order for amusing the Queen of England in something which touches him so nearly, she will stir up a new war against him in some place in his realm, and it is better worth to make war far from the heart of her country. Furthermore, the King ought not in any manner to suffer that this realm be reduced altogether to the devotion of the Queen of England for the consequence which depends on it, which will be, without doubt, if the Earl of Morton and his adherents, who are already rendered slaves of the said Queen, are able to make themselves masters of this place. Wherefore it greatly imports the service of his most Christian majesty to prevent by all means that our enemies and his have the better of us, who are deliberate to live and die at his devotion, under the good pleasure and commandment of the Queen our mistress, of whom he is the protector, and it necessarily behoves that she depend altogether on him. The place is not badly provided with victuals according to the smallness of the commodity that we have had, and we hope, with the aid of God, that for a great part of the summer victuals shall not be wanting to us. But, as you can judge, it will not be good to put off the succours till the last day, for many accidents which may arise. We beg you to have us in recommendation, for in his most Christian majesty, after God, and in your good solicitation is all our hope, and if we are frustrated therein, besides that we shall be altogether ruined, his majesty will lose this realm for him and his. It is nearly eighteen months since we had any commodity of writing to the Queen our sovereign. If you have the means of writing to her, we beg you to excuse us to her majesty, and to assure her on our part that, although we have not that benefit of understanding by her letters her good pleasure—which is a heart-breaking to us— so will we remain firm and constant to her devotion, come what may. If there is danger of her person, as the ambassador of England has many times threatened us, we pray you to continue to make for her preservation the good offices which you have been accustomed to make. We do not doubt at all of your goodwill, for you have already given us enough ample and good proof of it. Edinburgh.

Postscript.—May it please you to adventure a little word of letter to comfort us as often as you can, for we think very long to hear some news as well of France as of the Queen our mistress.

1 p. French Cipher. Addressed: "A Monsieur, Monsieur de la Mothe Fenelon, Chevalier de l'ordre du Roy treschrestien et ambassadeur pour sa majestie resident en Angleterre."

Contemporary decipher of the same. Indorsed by Burghley.

522. Nicholas Elphinstone to Henry Killigrew. [Jan. 17.]

This other letter was written before I received your last, of the 15th of this month, for answer whereof you shall understand [that] the Duke and the Earl of Huntlye are both in terms of appointment, and "will hald in thend" I assure you, if their "dres" takes not good success, for my lord's grace is so inclined to peace that he will refuse no means lawful to settle the State in quietness, so that in honour and conscience it may be done. "Mare sik as hes resevit injures of ye erll of Huntlye, ze sik damage and skaytht as yai ar wterly wrackit yerby, seikis to be redressit befoir he and his obten yair pardone, and harm will stond an greit difficulte." The other matter, I doubt not you know perfectly, cannot nor may not at this time be touched, because presently the murder may not be spoken of, seeing some suspected thereof to be in terms of appointment, as I shall at meeting cause you more clearly to understand, but of this matter I hope hereafter to see a good beginning. As to "Sende Segottes besynes," it appears you are misinformed thereof, for Mr. Randolph's servant is satisfied with the order taken.

"The order we keipe with the castell, Captain Brikwell will declair onto zow. With Goddis grace schortlye yair liberte to sort furcht will be cuttit frome yame, quhilk as zit culd not be done, as ony man of jugement may well understand, sence we culd place na men vpon ye west syd till prowision be maid for yair sayfte, for yeit yai wse to sorte fwrcht. I mein at seint Margettis postern, on ye west part of ye castell, neir to seint Cwthberttis Kerk." It will please you to be remembered to hasten 500l., but rather 1000l. if it be possible, for at this time it would hold in and kept unspent 2000l. hereafter. Our men of war can by no means be satisfied without whole payment, "or ellis to leyf service, and the trencheis degarniset of men." You need no spur, I am sure, to advance such things as are reasonable. Sir James Balfour has returned to this town to follow out the course begun for his reconciliation. "Gif her majeste's mynd cum heir in dew tyme" it will serve greatly for him and others, "and specially to be convoyit with zour presens," which appears by your letter cannot be had till you hear from the Court. God send you good news from thence, and will to return towards us. Edinburgh. Signed: N. Elphinstone.

2 pp. Holograph. No flyleaf or address. Indorsed (by Burghley's clerk): "17 Jan. 1572. N. Elphinston to Mr Killigr."

523. Henry Killigrew to Burghley. [Jan. 18.]

After I had written to your honour this morning I met on my way hitherwards Captain Brickwell and others at Dalton [Daton], who brought me letters from my Lord Regent's grace, which I sent to Mr. Marshal of Berwick, desiring him to convey the same with Captain Brickwell's report of his journey to your honour. When I came to this town I found here these inclosed, by another messenger, which I also refer to your honour's consideration. In the great matter, I cannot see what is to be done, nor yet tell what to judge of the Regent's intention towards the Duke and the Earl of Huntly more than your lordship may have seen in his grace's letters and others touching that purpose; but I fear they that desire appointment will have the same so ample that it will anger a good many of the King's party, and so the Regent may become afraid how to proceed, but I leave to guess any further till I may be able to advertise your honour of some certainty, which I shall do with all the diligence I can, beseeching your good lordship that my revocation may be sent me by the first [post], for it shall not hasten my return if I shall find probable cause to stay for her majesty's service and the advancing of the purpose I came hither for.

I desire your lordship's mind touching my suit for Alexander Hay, and whether her majesty would have me enter into any terms with the Earl of Argyll or any other that may seem likeliest to "bear the bell," if God should call this Regent. Dunbar. Signed: H. Kyllygrew.

pp. Holograph, also address. Indorsed (by Burghley's clerk).

524. Drury to Burghley. [Jan. 19.]

Sends herewith a packet now received from Mr. Killigrew, with his letter to him. Captain Brickwell noted that they of the Castle at their issuing out made repair to a well near the Castle, between the same and St. Cuthbert's church, where they carried in of the water, which shows scarcity of good water within. This he [Brickwell] secretly made open to the Regent, whereupon order was given by the Regent that the well should presently be taken away from them, which, in his simple opinion, will be of no small consequence in contrary to them of the Castle. Berwick. Signed: William Drury.

1 p. Holograph, also address. Indorsed (by Burghley's clerk).

Inclosure with the same:—

(Henry Killigrew to Drury.)

Wrote two words to him this morning by Captain Brickwell, and sent him the Regent's letter, one of Alexander Haye's, and one from Mr. Nicholas Elphinstone. Now writes to the Lord Treasurer, to whom, among other things, he sends the printed paper, whereof he [Drury] has received divers. Sends a letter received from Sir James Balfour this morning, but he had no leisure to weigh it till now, and because it deserves answer, he despatches this packet by this honest messenger, who of right ought to be "canvesed." Trusts he will use his discretion towards him, and send this packet away "to the comfort of Mr Randalles [Randolph's] subjectes." Thanks him for all courtesy. Prays him to tie the inclosed packet with thread, for he can get no sealing thread here. Dunbar. 18th Jan. Signed: H. Kyllygrew.

1 p. Holograph, also address. Indorsed (by Burghley's clerk).

525. Shrewsbury to Burghley. [Jan. 20.] Harl. MSS. 6991, fol. 12.

Books etc., sent to Mary. Practices with Mr. John Revell. Thomas Comberford apprehended. Sheffield Castle. Signed: G. Shrewesbury.

2 pp. Holograph. Indorsed.

Printed at length, Wright's Elizabeth, vol. 1, p. 457.

526. Huntly to Argyll. [Jan. 20.]

According to my last letter sent to your lordship from Aberdeen, I have directed my cousin and servant Alexander Drummond to communicate with your lordship, who is fully instructed of my mind; praying, therefore, your lordship that by your labour and procurement a further abstinence may be had betwixt "the haill leigis of this realme," with as favourable and reasonable conditions to the castle of Edinburgh as conveniently may be thought needful to be granted, [and] that the same meeting of the nobility may be had, whereby the matters now standing in debate may be the better compounded by their convention, which without further abstinence generally granted cannot be had; at the which (if any so happen to be) it is most meet that some of my Lord Duke's "maist specialles" should be present, that their advice might be had in the same. Huntly. Signed: Huntley.

½ p. Indorsed by Killigrew: "20 January. A coppie of therle of Hontley's lettre to therle of Argile. 1572."

527. Sir John Foster to [Burghley]. [Jan. 23.] Cott. Calig., C. IV., fol. 8.

I have this day received a letter from Mr. Killigrew concerning Pharneyhurste, and another from Pharneyhurst, which I send your honour here inclosed, beseeching your honour that I may be advertised what the Queen's majesty's pleasure is therein, and how I shall deal touching the same. Considering that neither Regent nor Warden of Scotland will take in hand for answering for Pharneyhurste's men, I continue in the same band that the Earl of Sussex left when he departed forth of this country upon Pharneyhurste's own band for the quiet stay of the Borders, and if I had dealt any otherwise it could not be without very great charges to the Queen's majesty, considering that there has been no answer made by the authority of Scotland, nor is like to be as yet. My lord, neither the Regent nor Warden of Scotland can bring the Borders to that obedience if the bands which were taken when the said Earl of Sussex was here, and such other bands as I have taken since that time for the quietness of the Borders, be broken, but that the Queen's majesty will be driven to the charges of 300 men (fn. 2) in garrison, and therefore I thought I could do no less than send your honour my opinion herein what I think will be the sequel of this matter. Their own particular causes, one upon another, in Scotland, I fear will bring us to much unquietness on the Borders if it be not now foreseen. Pharneyhurste's offers are very great if he will lay in his son or other sure pledges for the accomplishing thereof,—and a great stay to the Borders. Some experience I have myself of late: the Laird of Buccleuch was taken prisoner within my office, and with him 300, and a number of them gentlemen of the best of the Borders of Scotland. If I might have kept them it had been a good stay for our Borders. The Laird of Murrowe and the Regent that now is made suit to the Queen's majesty for their liberty. It followed that Buccleuch, who married the Earl of Angus' sister, was one of the greatest receivers of our rebels in all Scotland, and entered England with them, and burned and spoiled a great part of the Borders, which I thought in like manner to put your honour in remembrance of, for that experience has taught me that it is good to keep such bands as I have, than to set any of them at liberty, "for I see not but as they get time they will take it"; and therefore, without respect of any in Scotland, I seek nothing but to have the Borders in quietness, and thus, as I understand the Queen's pleasure, I shall be ready to do what way shall be thought convenient.

The order of the commissioner's book is, that whosoever is a fugitive or rebel should be proclaimed by the Wardens, that none should receive them either in England or Scotland, and that done, it is lawful for none to receive them; which is not done accordingly on the part of Scotland, and if things were done in order as they ought to be, it would be an occasion that none should be received. And further,—our rebels that fled out of England are daily received with them, and lie on the Borders, and make daily spoil upon the same. Whereof I wrote to the Regent, and was promised answer, but as yet can get none. I thought I could do no less than put your honour in remembrance thereof etc. The occasion why I write to your honour at length is that I would your honour understood the whole matter as touching the premises. Alnewicke. Signed: John Forster.

pp. No address etc. Marginal notes in Burghley's hand.

528. Henry Killigrew to Burghley. [Jan. 25.]

Arrived here on the 17th instant. On the 20th he spoke with the Regent, who was desirous that he should take occasion to move him in the presence of the Lords to condescend to some reasonable accord with the Duke, the Earl of Huntley and their adherents being out of the Castle. He had thereupon audience the next day of the whole Parliament, where, though his eloquence was bare, yet was her majesty's credit and the reverence borne to her by that company so persuasive, that the intention took good effect, as he trusts the sequel shall witness.

On the 16th they shot out of the Castle eighty-seven cannon and culverin shot at the town, in hope to have driven the Lords from the Parliament; which proved otherwise, for all their shot did no more harm but killed one dog going to the Regent's house. They have shot much since, but done no harm. From the time that they were put from sallying at the blockhouse or spur towards the town—which is their ordinary way into the Castle—they used a postern gate beside St. Cuthbert's church, where, until Captain Mychell came from Dundee with his band, they had liberty to go in and out, and to fetch water at St. Margaret's well, hard beside. After his coming the well was poisoned with white arsenic and new lime stones, and filled up with dead carrions. The Regent has drained the ditches, so that they shall be driven to some inconvenience. Received the enclosed there, and made the answer thereto annexed. Lethington's cunning appears in the discourse which he sets forth for his avail, but that which is written by him [Killigrew] is of weary length. The Regent's proclamation, which he sends herewith, is well and truly grounded.

The surveyor of Berwick and Mr. Fleming, the master gunner there, were at Edinburgh eight days and have drawn the plat for the Regent to frame his trenches by, which now go on apace. They have returned to Berwick, and there will put things in better order to send to her majesty. The master gunner told him in secret that he would "jepart" his life with 12 cannons and 6 sakers to beat down the Castle in 3 days after his battery were placed, which may be done in two places without danger to the planters. The one battery should cross the other, as will appear by the plat which shall be sent by the next. Edinburgh. Signed: H. Kyllygrew.

pp. Holograph, also address. Indorsed (by Burghley's clerk).

First inclosure with the same:—

(Robert Melville to Henry Killigrew.)

"Brother Harrye," I have hazarded this boy to convey to you the answer to a proclamation which our adversaries made their advantage to set forth in your absence, thinking thereby to persuade all men that we have refused all manner of reasonable conditions which you "proponyt" to us, that we may be the more odious to the people; and in respect that you were the only instrument that travailed between them, I thought convenient to advertise you hereof, seeing the report touched you in honour as well as us, and if we have not made a sufficient answer, we remit to your judgment, wherein we doubt not but you will do your duty to cause the truth to be known. I will pray you to send this boy safe again. Edinburgh Castle, 23rd January. Signed: R. M.

p. Indorsed by Killigrew: "23 and 24 of Januarye. The Copyes of Mr Melvin's lettre to me and myne aunswer unto the same."

Second inclosure:—

(Henry Killigrew to Robert Melville.)

Has received his letter and discourse, but it came to the Regent's knowledge. Has obtained favour for the boy. The writings are long, and contain many heads more than he can in so short time consider of. Where he alleges there were more circumstances used, he forgets them not, and shall bear witness of them with a good conscience. Thinks that if their public deeds deserved love of the people, no papers or writings could make them hate them. There was a time wherein he thought he might have been an instrument to do them good. If they send any reasonable demands during the Parliament, he will prefer them the best he may. Edinburgh, 24th January.

¾ p. Copy. Indorsement on the preceding document.

529. Survey of Edinburgh. [Jan. 26.] Cott. Calig., C. IV., fol. 15.

"A Survey taken of the Castle and towne of Edinbro in Scotland by us Rowland Johnson and John Fleming, servantes to the Q. matie by the comandement of Sr William Drury knight, Governor of Berwicke, and Mr Henry Killigrave her maties Embassador, as folowethe."

"Furste;—we fynde the castle standinge upon a naturall mayn rocke on great hightes lyke vj.C. foote longe and iiij hunderethe foote brode. On the fore parte estwarde next the towne stands lyke xx/iiij foote o[f] the haule and next unto the same stands Davyes towre, and from it a courten with vj cannons or such lyke peaces in loopes of stone lookinge … the streatwarde, and behynd the same standes another teare of ordina[nce] lyke xvj foote clym above the other, and at the northe ende stands the con[sta]bles towre, and in the bottom of the same is the way into the castle with steppes—xlti."

"Also we fynde upon the said este syde a spurre lyke a bulwarke standing befor the foot of the rocke that the said courten stands on, which sp[urre] inclosethe that syde flanked out one bothe sydes; on the sowthe syde is the gaite wher they enter into the castle. Which spur is lyke xx foote high vamyred with turfe and basketes set up and furnished with ordinance."

"The lowest parte on this syde of this courten waule is xxiiij foote h[igh] and the rocke under the fout of the waule wher it is lowest is xxx f[oot]. Davyes towre is above lx foote hye, the constables towr is lyke 1 f[oot]. We fynde that ther is no myndinge [mining] can prevaile in this rocke, but only battery with ordinance to beat downe the waules and so to make the clyme."

"The reason wherof is the rocke is of such a massy substance, and so m … hard of the stone it self that it can not be entred into, by no meanes that a man can devise in reasonable tyme, and when a man hath don w[hat] he can doe, and plased his powder, he shall not be able to stoppe his ven[t] to rayse that rocke and waule, but the powder will brust out at the vente and will not prevaile to serve that purpose."

"We fynde it most requiset that a battery of xij peaces of great ordinance should be placed ther, of cannons, demy cannons and culveringes on ether syde of the streat wher the spurre is, vj batteringe peases to beat Dav[yes] towre, the courten waale wher ther ordinance standes, and the constables towr, and so to make a bratche; and on the south syde where the haule is, the lodginge, the store houses for ther munishon and victuals, we thinke it necessarye to place vj battering peaces not onely for the beating down of the said hanle and lodginge, but also to answer the crosse battery on the said fronte estward wher thother xij peaces of ordnance bea[t] the said courtinge."

"Also we thinke it requizet to have viij demy coulveringes and sakers not only [to] beate the backe parte and to dismount those peces that lyethe that way, but also to remove them from place to place, and to beat the loopes and such other places as nead requirethe."

"And if please the Q. majestie and her honorable Counsell to have it won by p . . . . in this furme befor expressed appoyntinge such honorable men of Goverment as that service requirethe and this proportion of ordinance and munishion … for the same, we thinke by our judgment and poor experience, with great dilligence, that castle may be at her majesty's commandement within xx dayes after the battry be placed, or neare therupon, and so we will not onely . . . . our poore credittes of the same, but also be content to hazard our lyv[es] in this her majesty's service for the accomplishment therof if it so please the Q. majestie." And for the more perfectness of this declaration the said Johnson is making a "platte" which declares every thing accordingly. Signed: Rowland Johnson, John Flymmyng.

pp. No indorsement etc.

530. Occurrents in Scotland. [Jan.]

The Regent espying great default and corruption in the policy of the Kirk, has caused great travail to be taken to provide a remedy. Inquiry has been made of the number and names of the preachers, and livings and stipends are to be assigned out of the readiest revenues of the Kirk. Good diligence is made to execute the Acts of Parliament against Papists. The Regent has persuaded the Lords to agree to an order for shortening and deciding of all old causes and processes. A table is to be drawn of all actions and processes, which shall be hung in the Tolbooth.

pp. Indorsed: "Occorrentes 1573."

531. Occurrents in Scotland. [Jan.]

Conditions to be proposed to Alexander Erskin anent the keeping of the King's person, which are not yet put in form, and he shall have time to advise with them, wherewith he seems to be reasonably well satisfied, and if he refuse the conditions, or fail in the performance of them, these persons are nominated as keepers—the Earls of Glencarne and Buchane, the Master Marscheal, and the Lord Glammis. The Parliament has approved and confirmed the infeftment made to the Lord Charles of the earldom of Levinax. There is hope that Alexander Stewart shall serve the Regent's turn in dealing with Mr. James Kirkcaldy, now being in the "Blakness." A charge is sent against the master skipper and mariners of the French ship to compear before the Council in the morning, The Regent and Estates this day pass to the Tolbuith for confirmation of the Acts and other matters done in this Parliament, which I think will end this day. If Lord Huntlie is satisfied in the point of the Chancelry, I find great likelihood of his conformity. His men have not spoken to the Regent. Till you hear of these things by others keep them to yourself, and destroy my tickets.

¾ p. Indorsed (by Burghley's clerk): "Occurrentes. Scotl."

532. James Kirkaldy to Huntly. [Jan. 27.]

My lord, this present is to advertise your lordship of my arrival here, which has made some alteration, "sic as ye erll of Mortoun is myndit to cumpas this house round about bayth be sie and be land." Nevertheless I doubt not but it might be sufficently and well kept if we had sufficient provision of victuals. "Alwayis" we shall keep it as long as we may possibly at your devotion, and if it be your pleasure to hazard a boat charged with malt and meal, and other victuals, with some good soldiers in it, "and I sall pay bayth boit, victuallis and soldartis," and all other such things as shall be necessary for the maintenance of this house, otherwise it will perish. Further, I assure your lordship that help is so near hand that neither the Queen of England's forces nor they can be able to resist it, as the King's majesty's own writing, which I have, will show to your lordship. Therefore your lordship shall be of good courage, "not caring the hazarding of samekeill," for if it comes safely through, the honour thereof will be your lordship's; "and it wilbe ye saiftie of yis howse, or gyf it will . . . . to send sic a force heir with concurrence of my Lord Dwikis grace a[nd] vthir freyndis heir as may be abill to convoy me with the sylver I haif towardis zour lordship, I wilbe glaid to rander my self and all yat I haif into zour lordship's handis, quhilk wilbe abill to go greyt help in ye caus, or ellis to hazard sic furnetour to yis house as I haif desyrit. For I asswir zour lordship thair is nane heir bot Lammie with a few scoir soldartis and Carmichhell with a fourtie horsmen." I beseech your lordship for answer hereof with all diligence. "Blaknes." Signed: Jamis Kyrkcaldy.

1 p. Holograph, also address: "To the richt nobill and potent Lord Erll of Huntlie lieutenant in ye north for the quenis mati our soverane." Indorsement partly torn off. Armorial signet.

533. Henry Killigrew to Burghley. [Jan. 29.]

His man arrived on the 26th with her majesty's packet, and therewith he received Burghley's of the 19th instant. The wisest think the Castle will never abide the cannon. Means, with Mr. Marshal's advice, to send her majesty a perfect note of all things pertinent by Captain Arington, who knows the Castle without and within. Is sure her majesty had rather send the cannons than any men, and that, he thinks, would please the Regent, although he desires 500 men for the guard of them, but the surer way were to send 1000, especially if he [Burghley] be advertised that the French King send any men, as Sharleboys [Sarlabois] etc. There are no pieces of ordance or munition here except two culverins, whereof one is in Tantalon and the other in Stirling Castle, which he has desired the Regent to prepare, and some small field pieces to guard his trenches, also to make provision for gabions or "mandes" for the battery. Thinks a month's pay will end the matter. The miner will be superfluous if the battery be made, nevertheless for terror he may come from Berwick, and put her majesty to no charge. Pioneers, some footmen, and 200 horse of England are necessary. Hears there will be 300 footmen. If any of her majesty's ships might come in time it would do well. Has given the Regent warning of Sandy Ramsey and Nysbet. James Kyrkcaldy arrived at "the Blaknesse" on the 25th, in a French pinnace which carried a Scottish flag, as they say. He brought 24 calivers, 20 gilt morions, and, as he hears, 1000 crowns in gold. Both he and all that he brought, by God's providence and the Regent's wisdom, are like to be at the Regent's devotion this night, and the Blackness also. The day he arrived the house was environed and his pinnace taken. Thus God uses them that follow so good a mistress as the Castilians. Hears say that James Kyrkcaldy says that men will soon follow for the relief of the Castle. The Duke of Chatelherault had letters of late from him that shot the good Regent how this summer the Pope, Emperor, France, and Spain have conspired to send against the Protestants of Scotland and England in favour of the Queen of Scots. Shall not think his time long here if her majesty go through roundly to unite this country and make them hers by good neighbourhood. Has written to his wife to quiet her. The bishop of Galloway is in the north. On the 15th of this month [sic] he will meet with the bishop and Huntly, and then observe his duty in that behalf. Christ and his cross were never separated from his slander, being a portion thereof. Their hate and malice is for His cause, who will defend their honours [Burghley etc.] and reward them. Cannot think that Lethington would assent to so vile a deed. Gordon is to be suspected, and such as he is great with in England. Beseeches him to remember his suit for 20l. pension for Alexander Hay. Incloses an Italian letter. Desires to be instructed how far he may use her majesty's name in case the Duke and the Earl of Huntly desire her majesty's promise or favour for their security after the accord be granted. Edinburgh. Signed: H. Kyllygrew.

Postscript.—There has been some ado about jewels between Mr. Marshal and Mr. Randolph. He [Killigrew] has gotten them into his hands.

5 pp. Holograph. No flyleaf or address.

Inclosure with the same:—

(Giovanni Ambruogio de Sardi to Henry Killigrew.)

After the departure of your lordship (now three years ago, if I remember rightly) from Dresden, together with Signor de Vesmes, I have not written to you as much through not having any great reason to do so, not having been able to know with certainty where you might be, seeing that it was reported here that her English majesty was availing herself of your prudent and vigilant intelligence as well in the tumults of Scotland as also in various diplomatic missions in France. However, Signor Huberto Languetto having returned, or rather escaped, a few days ago from the tragic and unhappy wedding in Paris told me that your lordship was at present in London, and having now some cause to write to you, I have determined to take advantage of your most courteous and kind disposition, of which I have had experience both in London and Dresden without any merit of my own in your regard. And, to come to the point, I think you should now be informed that it has pleased Almighty God to withdraw from this life Dr. Cristoforo Montio in Argentina now two months ago or rather more. Now, seeing that he had a decent salary from her majesty the Queen of England, and it appearing to some of my patrons and friends and especially to Signor Cristoforo Karlevitzio and to Signor Huberto Languetto that I might perhaps be a suitable person to do the same services for her English majesty here in Germany which the said Dr. Montio did, I have allowed myself to be persuaded by these gentlemen and friends that I should have recourse to my patrons with whom I have served in England, in order that I may be placed in the position of the said Doctor, and so have honourable support in this my sad exile. Of all, then, the lords and gentlemen with whom I have served in England, from three principally, without any merit of my own, I have received every favour and courtesy, viz., your lordship, Mr. Francis Walsingham, now the most worthy ambassador, as I understand, of her English majesty with the King of France, and also Mr. Henry Knolles; and seeing that, of these three, your lordship is most in the way of being able to help me in this business, as well through being present at Court as also by means of the illustrious lord your brother-in-law [Burghley] (concerning the honour conferred on whom of being included in the number of the peers and of being recently created Great Treasurer of England, I heartily congratulate your lordship), I have wished to make my petition to you by this letter, truly dictated in haste, that, provided you think me fit to perform the same service to her majesty which Doctor Montio used to perform, you may be pleased to assist me in the matter, seeing that if her majesty shall be pleased to accept me for her humble servant I will show such zeal that your lordship shall be praised by her on my account, and by me ever gratefully regarded as the sole cause and author of all my welfare. I remain, therefore, awaiting what your lordship may be pleased to write to me in reply, directing your letters, if you think necessary, to Hamburg. As for news, there is nothing certain which I can write to your lordship, seeing that the Germans are very little curious—or rather, let us say, indifferent—it appearing to them that events in other countries do not concern them. It is now time that they should bestir themselves, but this will be when God wills. Concerning matters in France, Flanders and Spain, you will have better information than we have. However, in order that it may not seem that we are entirely without any, I mention to your lordship that it is here stated that in France those of the religion have assembled in great numbers in Aquitaine, and that they of Rochelle have already placed themselves under the protection of her English majesty, that Marechal Monmorancy is at the head of them, notwithstanding that he is of the pontificial religion, that in Lyons, among many others there were killed four burgesses of the Canton of Berne in Switzerland. The King wishing to clear himself with the Senate of that city by means of an ambassador, putting all the blame on the Huguenots as having formed a conspiracy against his person and that of his mother, there stood up one of the Senate and said to the King's ambassador to his face, that the King, his master, had lied impudently, and that there would soon come a time when he would repent of so cruel a slaughter. They write that the Senate of that city with great difficulty have been able to restrain the youth of that city from cutting this French ambassador to pieces. From Flanders it is announced that the Prince together with his brother Count Ludovic of Nassau has retired to Holland and Zealand, and that the Duke of Alva has already sent some ships at their expense. From Venice it is reported that the allies have suffered a severe defeat from the Turks, so much so that two-thirds of their fleet remained there, and that at Venice they are working night and day in the arsenal with the greatest haste and diligence: it is also reported from the same place that the Pope has published a Jubileo for the happy successes (as he says) of the most Christian King against the heretics and the preservation of Flanders, and that there may be a good election of a King in Poland. A report is current here that in Spain the Moors have again rebelled. From Poland comes news that they are resolved to elect a Pole as their King, and that it is a question of the election of Prince Radzivil, a Lithuan, or Alberto de' Laski, nephew of Giovanni de' Laski who formerly was superintendent of the church in London. This is the news here. Your lordship will be pleased when replying to me, at your convenience, to send me the news from your part of the world, and I, in turn, as soon as I know that you are in London will not fail day by day to inform you of what happens. And now I kiss with all my heart your hands, begging you to be good enough to favour me with the business above mentioned. The Signor Christoforo Carlevitzio has begged me to greet your lordship on his behalf and to offer his services to you: his lordship left here yesterday. The Signor Doctor Mordizio died about Pentecost last, his liberty having been restored to him about two months before by the illustrious Elector, his master. The said Elector has shown symptons of great grief at his death, and it is the belief of Signor Carlevitzio that if he had lived his position would have been greater than ever. I have truly lost a good friend and the Elector a good servant. Leipsic, 3rd November 1572. Signed: Giovani Ambruogio de' Sardi, Doctor of Laws.

Postscript.—We have had news here from Hamburg that one Shozzi has planned the seizure of the Isle of Wight, and his plan not succeeding, he has turned towards Scotland in order to be able to harass the Queen of England's affairs from there, and that Captain . . . . and the captains of Portsmouth and Southampton were conducted to the Tower for having had a hand in the design of the said Shozzi upon the Isle of Wight, and that the Queen of England was putting in order her ships of war. I pray God to grant her majesty all prosperity and every benefit of his Holy Church.

Next Christmas will be two years since I came to Leipzig, where I have remained till now, but your lordship may be pleased to address your letters to Signor Gio. Battista Bertelotti, in Hamburg, where I have said we have a good address, but if your lordship would have a shorter way of writing to me than by way of Hamburg address the letters to Leipzig, to the street commonly called in German Katrengassen, at the house of Peter Vercken, where I have my lodging.

42/3 pp. Italian. Addressed. Indorsed.

534. Henry Killigrew to Sir Thomas Smith. [Jan. 29.]

Thanks him for three letters he received on the 26th instant, and therewith her majesty's pleasure in answer to the Regent's demands, which he has communicated to him to his great satisfaction. Sends the names of the hostages. Has procured a conference with the Duke and Huntly, and stands in good hope that upon their accord some good may be done to bring them of the Castle to conformity. Her majesty's answer touching Hume Castle well contented the Regent, but he desired him to put her majesty in remembrance of his suit for Alexander Hume of Manderston. It is said that such ships as shall come out of France shall wear the Scottish flag. The Regent and he are of opinion that they of the Castle will never abide two peals of the battery. A ship for conveyance of the ordnance from Berwick is necessary. Edinburgh. Signed: H. Kyllygrew.

2 pp. Holograph, also address. Indorsed. Notes in the margin by Sir Thomas Smyth. Marked: "Conway Papers."

535. Drury to Burghley. [Jan. 29.]

Received his letter of the 19th from Mr. Killigrew. Has sent skilful and expert men to the Regent. Flemyng and Johnson returned yesternight, whose opinion, with the plat, his lordship shall shortly receive by express messenger. The 27th of this month there came a tall ship and a small barque near to Fern Island, and made with some of the boats that were returning from fishing to the land, and asked if there was not one of them that could serve for a pilot into the Firth One answered he could, whom they took away with them, and made. sail towards Scotland. Berwick. Signed: William Drury.

Postscript.—It seems to him that the last packet he sent to his lordship with a pair of gallows, there was not matter within to wish the same speedy direction: the bringer of the packet from Mr. Killigrew so wished him to hasten it. Meant well in the same.

2 pp. Holograph, also address. Indorsed (by Burghley's clerk).

536. News out of Scotland. [Jan. [29].]

The Castilians being put from sallying at the Castle gate, where Captains Crayford and Hewme lay with their bands to keep them in, had repair to a postern in the north side of the Castle, where they fetched water at their will. To prevent them, Captain Mychel and his band came, who after three days destroyed their well. The Regent's trenches are advanced, so that the water lying on the south-east side the Castle is environed. The 16th of this month the Castilians bestowed 87 great shot upon the town. The men, women, and children go as quietly in the st[reets] as if there were no shot. There have not been slain of the Regent's side since the first instant six persons, three within the Castle, and as many hurt between the Tolbooth and the spur of the Castle. There are three traverses made overthwart the streets. The Tolbooth and the church are fenced with a ramp[art] of turf, fagot, and other stuff, so the Lords of the Parliament sit safe in the Tolbooth and the people go quietly and safely to church as before the war began. The Regent and the Lords, after the Parliament,—which shall end the 26th instant—prepare for the fields. There is an abstinence granted for the Duke and the Earl of Huntlye and . . . . adherents until the 24th of February. Sir James Balfour is come to the Regent's grace, and has received a pardon, who deals to further the accord between the abovenamed and the Regent. His grace and the nobility prepare for the worst, and to make sharp wars upon the Duke and the Earl of Huntley unless they come to agreement. The Borderers are come to answer for their followers. The Earl of Argile is made Chancellor of Scotland. Alexander "Askin" [Erskine] is to have the keeping of the King's person, upon certain conditions. From the 25th to the 28th the Castilians have bestowed few shot. Mr. James Kyrcaldy arrived at "the Blacke Nesse" on the 25th instant. Captain Bruce sallying forth with others to get in some victuals were taken by the Regent's men. [Copy of the list of Lords given in No. 514 follows.]

4 pp. At the head:— … from the 20 of Januarie, for affayres of Scotlande, 1573." Marked: "Conway Papers."

Footnotes

  • 1. Sir James Stuart.
  • 2. The words in italics are underlined, and noted in the margin by Burghley.