Cecil Papers
1567

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Institute of Historical Research

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E. Salisbury (editor)

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1915

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72-86

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'Cecil Papers: 1567', Calendar of the Cecil Papers in Hatfield House, Volume 13: Addenda (1915), pp. 72-86. URL: http://www.british-history.ac.uk/report.aspx?compid=112027 Date accessed: 29 August 2014.


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1567

The Earl of Bothwell and Lady Jane Gordon.
1567, April 26 to May 3."The proces led and deducit befoir the richt honorabill Maisteris Robert Maitland, Deacone of Abirdene, Eduard Henrisone, doctor in the lawis, tua of the Senatouris of oure Soverain's Colleige of Justice, Clement Litill and Alexander Sym advocattis, commissaris of the Commissarye of Edinbrughe, conjunctly and severalye constitute thairto be oure sayd soverain's commissione, in the action and caus following, intentit and perseuit befoir thayme be ane right nobill and potent Lady Jehane Gordoun, dochter of umquhuil ane nobill and potent Lorde George, Erle of Huntlye, spous to ane richt nobill and michty Lorde James, Erle Boithuill, Lorde Hailis, Crechtoun and Liddisdaill, Greit Admirall of Scotland; of the quhilk proces and deductione thairof the tennoure followis, quhilk was begune the 29 of Aprill, 1567 yeiris."
(1) The "libellit precept" pursued by the said Lady against the said Lord.
Master Robert Maitland to James Sincler and — adjointly and severally constituted executors hereof; forasmuch as it has been shewn by Lady Jane Gordoun that whereas Earl Bothuill and she by mutual consent contracted and solemnized marriage in face of the Kirk in February, 1565, and thereafter remained in mutual society as persons lawfully married by the space of divers months next following, notwithstanding the same lord after the solemnization thereof joined his body in adultery with Besse Crawfurde, then servant to the said Lady, in May and June, 1566, at the least in one of the said months, divers times within the Abbey of Hadingtoun, therefore the said lord ought to be separated, cut off and divorced from the said lady and she decreed to be free to marry in the Lord where she please and the said lord decreed to restore to her the "tocher gude" given to him with her and she to "brink" all "conjunctfeiis" and the donations given to her in contemplation of the said marriage, charges them to summon the said Earl to appear before him or his colleagues at Edinburgh the 29th April inst. to answer the said lady, his spouse; further they are to summon Thomas Craigwallis the elder, Thomas Craigwallis the younger, Patrick Wilsone and John Robesoun to appear as witnesses under pain of twenty shillings each person. Given under the signet of office of the said commissary, Edinburgh, 26 April, 1567.
(2) The executions of the said precept.
Declaration by James Sincler that on 28 April, 1567, he lawfully summoned James, Earl Bothuill to appear the day and place above named and delivered to him an authentic copy of the foregoing precept in the presence of Mr. Thomas Hepburne, parson of Aldhaustokis and William Newtoun of that ilk; and that on 29 April be summoned the witnesses named above.
(3) The first act.
At Edinburgh, 29 April, 1567, before Master Edward Henrisone, one of the commissaries of the commissary of Edinburgh, appeared Master Henry Kynros, proctor, on behalf of Lady Jane Gordoun and produced the "libellit precept" aforesaid and a procuratory in her name appointing him her proctor. And Master Edmond Hay produced Earl Boithuill's procuratory to him wherein he was constituted proctor to defend the action of divorce intended against the said Earl, and the "libellit precept" being read to him, he desired Kynross's oath de calumnia, if he had just cause to pursue the said precept. And he being sworn by his great oath said he had just cause and therefore desired Master Edmond to answer further to the precept, who denied the same. And Master Henry was assigned 30 April inst. of his own desire to press the said "libellit precept" pro prima.
(4) The procuratory produced for the part of the said lady.
Dame Jane Gordoun to Master Henry Kynros and — constituting them her proctors, actors, factors and special 'erand' bearers to appear before the Commissaries of Edinburgh within the Tolbooth or consistory place of that burgh the penult day of April and in her name to pursue or defend any actions to be pursued against her and specially in a cause of divorce intended against James, Earl Boithuill. Edinburgh, 20 March, 1566. Witnesses: Adam Gordoun her brother; Patrick Quhitlaw of that ilk; Master George Hacket; Master Alexander Leslie.
(5) The procuratory produced for the part of the said lord.
James, Earl Boithuill to Master Edmund Hay appointing him his proctor to defend him in the action of divorce intended against him by Dame Jane Gordoun his spouse. Dunbar, 28 April, 1567. Witnesses: George, Earl of Huntlie; William Newtoun of that ilk; Sir James Cokburne of Scraling.
(6) The second act.
At Edinburgh the last day of April, 1567, before Master Edward Henrisone, Master Henry Kynros appeared and produced a precept duly executed upon Patrick Wilsone in Hadingtoun, Thomas Craigiswallis the elder, George Dalgleis, John Robesone in the Cannongate, Thomas Craigiswallis the younger in Leith and Pareis Sempill as witnesses. And they all appeared and were sworn and purged of all partial counsel in the presence of Master Edward Hay opposing nothing in their contrary. And the first of May is assigned to Master Henry aforesaid to prove his "libellit precept" pro secunda and to bring further diligence upon William Scot, writer, the said day.
(7) The third act.
At Edinburgh the first day of May, 1567, before Master Robert Maitland, Master Henry Kynros appeared and produced a precept duly executed upon William Scot, writer and Alexr. Gordoun as witnesses. The said William Scot only appeared and was sworn. The said Master Henry renouncing all further manner of probation desired the Commissary to assign to him in the presence of the said Master Edmond a competent term to pronounce sentence and decree in the cause. To whom the Commissary aforesaid assigned Saturday next to come, videlicet, the third day of May instant to the effect aforesaid.
(8) The decree.
At Edinburgh 3 May, 1567, in presence of Master Robert Maitland, Dean of Aberdeen, Edward Henrisone, two of the Senators of the College of Justice, Clement Litill and Alexander Syme, advocates, commissaries of the Commissary of Edinburgh, the reasons and allegations of both the parties being considered together with the depositions of divers famous witnesses admitted in the cause, the said Commissaries decree James, Earl Boithuill to be separated, cut off and divorced simpliciter from the Lady Jane Gordoun and she to be free to marry in the Lord where she please as freely as she might have done before the contracting and solemnization of marriage with the said lord; and the said lord to restore to her the "tocher gude" given to him with the said lady and she to "brink all conjunctfeiis" and donations given to her in contemplation of the said marriage, the said "libellit precept" being proved sufficiently as was clearly understood to the said Commissaries.
Extracted from the register of the said Commissary by Michael Marjoribankis clerk.
Signed: Michael Marjoribankis. 6½ pp. (144. 87.)
The Earl of Bothwell's Divorce.
[1567, April 27 to May 7.]Proceedings in the cause of divorce of James, Earl of Bothuill, Lord Halis, Crechtoun and Leddisdale, High Admiral of Scotland, against the noble damsel Jane alias Joneta Gordon, his putative wife, as follow:
(1) Commission of John, Archbishop of St. Andrews, primate of all Scotland, legate and abbot of Paisley (de Pasleto) to Robert, Bishop of Dunkeld, William, Bishop of Dunblane, Archibald Craufurde, rector of Eglishame and canon of Glasgow, Alexander Crechtoun and George Cuke canons of Dunkeld, and John Manderstoun canon of Dunbar and prebendary of Beltoun, jointly and severally, to try and determine according to right and reason the cause of divorce between the Earl of Bothuill and Jane Gordon, his putative wife, daughter of George late Earl of Huntlie, Lord Gordone and Badzenoch, to summon the parties and the witnesses before them and to take their evidence on oath and to have produced all necessary documents and proofs. Signed by the archbishop's secretary and sealed with the archbishop's great signet, Edinburgh, 27 April, 1567.
A. Forest, Secretary.
Note that the original commission is endorsed to the effect that on 3 May it was presented by Master Thomas Hepburn, proctor of the Earl of Bothuill to the above commissioners, Masters Archibald Craufurd and John Manderstoun who accepted the charge and the said Thomas thereupon applied for an instrument from George Cok, notary public, in the presence of John Hepburn, George Manderstoun, prebendary of St. Giles, Edinburgh, and Robert Stans living in Leythwynd.
(2) William, Bishop of Dunblane, Master Archibald Craufurde and Master John Manderstoun to the dean of Hadingtoun, the vicar or curate of the parish church of Crechtoun and others. Recites the above commission which they have received at the hands of Master Thomas Hepburn, rector of Auldhaustokis and commands them to see that the said Jane Gordon is summoned to appear personally before them or any of their colleagues in the parish church of St. Giles, Edinburgh, on Monday, 5th inst. to answer the contents of the libel of divorce. They are to summon also the following witnesses to appear personally on the same occasion, viz.:—Alexander, Bishop of Quhithorne (Candidacasa), Sir John Bellenden of Auchnoull, knight, justice clerk general of Scotland, Master Robert Crechtoun of Eliot, Queen's advocate, Master David Chalmer, provost (prepositus) of the collegiate church of Crechtoun, George Gordon of Baldorny, John, [Bishop] elect of Rosse, Master Michael, commandator of Melrose, James Culane, captain, David Kyntor living in Leyth, Masters David Borthuek, Thomas Kair, Alexander Gordon and David Quhiklaw, jurisconsult.— Edinburgh, 3 May, 1567.
Note that the above citation is endorsed by John Brown, chaplain, on 6 May, to the effect that he has lawfully summoned the said Jane Gordon in her dwelling place of Crechtoun Castle and given her an authentic copy of the summons in the presence of Sir James Nolletoun, Master David Turnbull, priest, Patrick Gray and others, and that the above witnesses have all been personally apprehended.
(3) First judicial act in the cause by Master John Manderstoun, canon of Dunbar and prebendary of Beltoun, commissary of John, Archbishop of St. Andrews, and his colleagues, Monday, 5 May, 1567. On this day before the said Master John Manderstoun sitting for the accustomed tribunal of these causes before noon in the parish church of St. Giles, Edinburgh, appeared Master Edmund Hay, proctor of the Earl of Bothuill, and produced the same Earl's mandate and exhibited the summons [citatio] of the judges. Then the same proctor produced on the Earl's behalf the articled libel against his said putative wife and sought that it be proceeded with as of right. The said judge thereupon caused to be publicly summoned the said Jane Gordon and the witnesses named in the foregoing summons. Wherefore appeared Master Henry Kinros as proctor of the said Jane and produced his mandate in due form to defend her. The plaintiff's libel having been denied by the said Master Henry Kinros, Master Edmund Hay produced his witnesses in proof of it, namely, Master Michael Balfour, commendator of Melrose abbey, Master David Chalmer, chancellor of Rosse, James Culane, captain, David Kyntor, inhabitants of the town of Leyth and Master David Quhitlaw, jurisconsult. The oaths of the witnesses being then taken, the judge assigned the following day for the publication of the depositions.
(4) The Earl of Bothuill's mandate to Master Edmund Hay to appear against Dame Jane Gordon.—Dunbar, 1 May, 1567. Witnesses: John, Earl of Huntlie; John, Bishop of Ross; Patrick Quhitlaw of that Ilk; John Hepburne and others. With note of endorsement that it was produced and admitted, Monday, 5 May, 1567.
(5) The articled libel produced on behalf of the Earl of Bothuill, Monday, 5 May, 1567, before Robert and William, Bishops of Dunkeld and Dunblane, Master Archibald Craufurd, rector of Eglishame, and Master John Manderstoun, rector of Beltoun, commisaries of the Archbishop of St. Andrews, propounds:—
(1) The said Earl in February, 1565, contracted marriage de facto but not de jure with Jane Gordon in the church of Zanit and they co-habited as husband and wife for several months immediately following.
(2) The said Earl and his putative wife are within the fourth degree of consanguinity, inasmuch as Alexander, Earl of Huntlie and — Gordone were brother and sister germane and George, late Earl of Huntlie, chancellor of Scotland, was their father; which said Alexander, begat John, late Lord Gordon, who begat George, late Earl of Huntlie, who died last having begot the said Jane his daughter, the defendant [libellata]. And — Gordon, sister germane of Alexander, Earl of Huntlie, married Patrick, late Earl of Bothuill, to whom she bore Adam, Earl of Bothuill, his son. Which Adam begat Patrick, Earl of Bothuill last deceased, who begat James, Earl of Bothuill, the plaintiff [libellans]. Moreover — Gordon, sister germane to the said — Gordon, Countess of Bothuill, married William, Earl Marschall, commonly called "heir me wele," who begat William, Earl Solten, Master of Marschall, his son, who begat the Lady — Keth, who bore the said defendant. And the said Countess Bothuill, sister germane to the said Countess of Marschall, married Patrick, late Earl Bothuill, and bore him Adam, the late Earl, who begat Patrick, Earl Bothuill, who begat the said plaintiff.
(3) The Earl alleges that on account of the premises the marriage should be declared null and void from the beginning and contracted contrary to the sacred canons and that the plaintiff and defendant shall be allowed to marry hereafter as shall seem good to them.
(6) The depositions of witnesses produced, received and sworn in the same cause.
James Culane, captain dwelling in the town of Leith, deposes to the truth of the first article in the libel; that the marriage was celebrated in the monastery church of Holyrood near the royal palace. Deposes also as to the cohabitation of the parties afterwards. He was present at the time of the betrothal [sponsalia] and divers times afterwards. Deposes that the second article is true as to the degrees of consanguinity and knows because his mother was sister germane of Alexander, late Earl of Huntlie, great grandfather of Dame Jane Gordon the defendant.
Master Michael Balfour, commendator of Melrose, believes the first article to be true. He was in the neighbourhood at the time of the marriage but kept to his house with a wounded foot or would have been personally present at the ceremony. Believes the second article to be true as he had often heard the same affirmed by many trustworthy persons.
David Kyntor residing in the town of Leith of the age of 50 years or thereabouts deposes upon the first article that he was present at the time of the marriage ceremony and that it took place in the abbey church of Holyrood near Edinburgh. Deposes as to the truth of the cohabitation of the parties afterwards as he saw them many times. Deposes also as to the truth of the degrees of consanguinity as stated in the second article, because he has seen Alexander, late Earl of Huntlie and his descendants so named in the article and has inspected many writings and evidences of the Earls of Bothuill.
Master David Quhitlaw, jurisconsult and proctor of Edinburgh, of the age of 50 years or thereabouts, was present at the marriage in Holyrood church. Deposes as to the cohabitation of the parties and the degrees of consanguinity between them.
Master Alexander Chalmer, chancellor of Rosse, was present in person at the common nuptials but not in the church at the time of the marriage ceremony. Affirms the truth of the cohabitation of the parties as stated in the article and also believes the degrees of consanguinity are as set out.
(7) Dame Jane Gordon's mandate appointing her proctors Master Henry Kinros and — to appear before Master Robert Maitland, Dean of Aberdeen, Edward Henderson, LL.D., Alexander Sym and Clement Litill, commissaries of Edinburgh, in the tolbooth or consistory place of Edinburgh, the penultimate day of April next and in her name to pursue or defend any actions pursued against her and especially in a cause of divorce against James, Earl of Bothuill for adultery or any other cause whatsoever.—Edinburgh, 22 March, 1566. Witnesses: Ad. Gordone; Patrick Quhitlaw of that Ilk; Master George Halcat; Alexr. Lesly, notary public. Note of endorsement, "produced Monday, 5 May, 1567."
(8) Second judicial act. Tuesday, 6 May, 1567, before Master John Mandersone in the church aforesaid. Master Henry Kynros raised generally objections of law and thereupon renounced further defence.
(9) Third judicial act. Wednesday, 7 May, the aforesaid judge sitting in the said church of St. Giles, Edinburgh, pronounced final sentence.
(10) Final sentence by Master John Manderstoun and his colleagues. They pronounce and declare from the proof before them that the pretended contracted and solemnized marriage between the Earl of Bothuill and Dame Jane Gordon and the mutual cohabitation thereupon following could not and cannot subsist of law because the aforesaid persons at the time of the marriage in Feb., 1565 or thereabouts were and are doubly within the fourth degrees of consanguinity and there was no apostolic dispensation therefor. The marriage is declared null and invalid of law and entirely contrary to the sacred canons and so is to be dissolved, invalidated and annulled and it is to be lawful for the said pretended husband and wife to marry as freely and lawfully as they could before the said pretended marriage. Jane Gordon is condemned in the costs of the cause, the judges reserving to themselves the taxation of the same hereafter.
This sentence put down in writing was judicially pronounced in the parish church of St. Giles in the burgh of Edinburgh on May 7, 1567, in the presence of Master Thomas Fermour, proctor (?) of Edinburgh, James Harlay, writer of the signet, James . . . called 'captain,' James Nasmyth, George Manderstoun, captains, J . . . Broun, notary public, Luke Freirtoun, captain, and others.
Written in his own hand by Master George Cok, clerk of the diocese of St. Andrew's, specially appointed scribe in the premises.
"Memorandum: the bishop of Rois shew me that all libel is conform to the laws and notoriously known of the degrees in the process. Mr. John Manderston."
Endorsed: "The process of divorce in the papistical betwix the Earl Bothuill and his wife," and by Cecil: "Processus divortii inter Co. Bothwell et uxorem suam coram Arch. St. Andr." 16 pp. Latin, excepting Nos. 4 and 7. Contemporary copy. (144. 77.)
The Earl of Bothwell and Lady Jane Gordon.
1567, April 30.Depositions of witnesses produced for the part of Lady Jane Gordoun for proving her libel against James, Earl Boithuill her spouse, examined by the right honourable Masters Robert Maitland, deacon of Aberdeen, Edward Henryson, doctor in the laws, two of the senators of the College of Justice, Clement Litill and Alexander Sym advocates and commissaries of the Commisssary of Edinburgh, the last day of April, 1567.
Patrick Vilsone dwelling in Hadingtoun, married, of the age of 36 years, merchant, has served Lord Boithuill and as yet has got no reward. Has dwelt in Hadingtoun since the last siege of Leith, was present at the marriage in the Kirk of Halirudhous before Fastern's eve (fn. 1) was a year and saw the Bishop of Galloway executor thereof. Being inquired upon the adultery knows that Lord Boithuill had carnal company with one called Besse Craufurde and that he never knew her but since May, 1566; that she dwelt with old Lady Huntlie before and came with Lady Boithuill the time she was married. She was a woman of twenty years of age and is a bonny little woman, black-haired. She was a 'sowister' and had a black gown upon her and sometimes a taffaty upon her head; is a pale hued woman and a smith's daughter, her father called Craufurd. The adultery was done in the month of May, the year above-written, and was a month or thereby before the Prince was born, at which time he saw the said Lord Boithuill and the said Besse Craufurd together in the abbey of Hadington in a house called "Saint Pauls's Werk," which is on the last side of the close without the cloister and that the same is two houses' height, as he believes, and the place where he saw them together is a "laith" house and the door thereof stands to the west, the window to the south and the chimney to the east and that there is two stand beds therein. This was when he saw them after supper and knows not whether the same was holiday or week day, and that he brought the said Bessy there at my said Lord's command. Deposes as to the committal of the act of adultery.
Thomas Craigvallis dwelling with the Lord of Scraling in the Castle of Edinburgh and has dwelt there since the Lord was captain and dwelt before he came in the castle in Edinburgh one year come Midsummer and before that time dwelt with my Lord Boithuill in the Abbey of Hadingtoun and was porter to him there the space of two or three months together before Midsummer last was and that my Lady was present with him. Knows that my Lord and Lady were married, as he heard say, and was not present thereat but was at the banquet in Kynlouthis on the Sunday before Fastern's eve was a year. When he was with my Lord in the Abbey of Hadingtoun he was porter and had a markland of soc of his father in Hailis.
Thomas Craigvallis, younger, dwelling in Leith, married, of the age of thirty years, admiral officer, has dwelt in Leith these four years past and has had a house with his wife and bairns. Came to my lord at his marriage which was Fastern's eve was a year and remained in house all the time of the banquet and thereafter passed with his lord to Crechtoun and there remained till he went to the Abbey of Hadingtoun and was a keeper of his gates and keys and sometime in his chamber and as he believes remained there the space of six weeks (ouekis). Knows that my lord had company with one called Besse Craufurd who was servant to my Lady Boithuill. She is a bonny woman, black-haired, and the company which he had with her deposes it was about Whitsunday last past, at the which time deponent at command of my lord commanded the said Besse to pass to the steeple of the Abbey of Hadingtoun; who passed there and remained till my lord came and spake with her. And thereafter my lord came and passed in the said steeple and the deponent opened the door and deposes she had on a black gown and that they remained together the space of a quarter of an hour. Also deposes that after the aforesaid time, he saw Patrik Wilsone bring the said Besse within the Abbey upon a day at three afternoon and put her in a house of Saint Paule's Werk, which is a 'laith' house vaulted and two beds therein and a chimney, and another time saw him have her in after supper to the said house and saw my lord pass in thereat and the said Patrik locked the doors upon them. And also deposes that he saw my lord have company with the said Besse in the place of Crechtoun before the time of the passing to the Abbey in a midchamber of the kitchen tower and that he convoyed the said Bessy there and thereafter my lord came up and the deponent remained at the door till he came forth.
John Robesoun dwelling with my Lady Balcleuth, married, of the age of 26 years, knows the marriage and was present thereat, which was done in the Abbey of Halyrudhous by the Bishop of Galloway. Knows nothing of the adultery but heard common bruit thereof in Crechtoun and Hadingtoun at the time.
Pareis Sempill dwelling with my Lord Sempill, of the age of 21 years, not married, knows my Lord Boithuill and has dwelt with him these twelve years. As to the marriage deposes the same to be of verity. Being enquired upon the adultery, knows one called Bessy Craufurde and saw her in the Abbey of Hadingtoun and heard say she is a smith's daughter; she is a bonny lass black-haired. Has seen my lord and the said Bessy after Whitsunday last past in the Abbey of Hadingtoun quietly in a house in the cloister in the east end thereof, which house is vaulted and two beds therein and a window which stands to the south. Saw my lord pass first in and thereafter saw Patrik Wilsone convoy her to the said house but wots not where from they came. They remained together half an hour and she came forth before him and my lord "steikit" the door upon them, and this in the gloaming after supper. Also he saw them in another chamber within the cloister quietly, and when my lord came forth his clothes were loose and Patrik Wilsoun helped him up therewith.
George Dalgleis dwelling in Edinburgh and has dwelt therein these twelve months past, a tailor and servant to my Lord Boithuill and has no fee of him, as to the marriage knows not but by common bruit and "sicklike" nothing of the adultery but by common bruit and that my lady had put the said Bessy away for suspicion of my lord that she had of her.
William Scot, notary, unmarried, of the age of thirty-two years, dwelling in Edinburgh, deposes anent the marriage, he saw them come forth of the Kirk when they were married, but saw not the act of marriage. Has seen them use together as married folks and gives the cause of his knowledge, he was servant to my lord after the said marriage. Anent the adultery knows nothing except by report. Knows after my lord came to the Abbey of Hadingtoun, which was about May 17 last past, the said Besse Crawfurd got her leave and departed to her father, who dwelt for the time in the abbey town.
Extracted forth of the register of the said Commissary by me Michael Marjoribankis clerk thereto.
Signed: Michael Marjoribankis.
Endorsed by Cecil: Process of divorce betwixt the Earl Bothwell coram Robert Maytland, Commissary of Edinburgh. 3½ pp. (144. 91.)
The Earl of Bothwell's Divorce.
1567, May 3.Instrument of George Cok, M.A., clerk of the diocese of St. Andrew's, notary public, certifying that on 3 May, 1567, Master John Manderstoun, canon of the collegiate church of Dunbar in the diocese of St. Andrew's and prebendary of Beltoun in the same diocese, had in his presence and that of the underwritten witnesses recited the following facts: that Master Thomas Hepburne, rector of Auld Haustokkes in the said diocese and servant of James, Earl of Bothwell, had brought him a commission dated 27 April, 1567, by John, Archbishop of St. Andrews, directed to him, the said Manderstoun, and others to try a cause of divorce brought by the said Earl against his putative wife Dame Jane alias Janet Gordon, and that Hepburne had endeavoured by various means to force him to put this commission into execution and bring the matter to a definitive end, using these threatening words, "Be ye sure of it, Master John Manderstoun, that gif ye wald sunye or refuse to serve and accept this commission and not to do justice in my Lord Erle Bothuille's cause of divorce forsaid, thar sall not faill to be nosses and lugges cuttit and far gretar displessures attour than salbe don therfor"; that Master Edmund Hay, the Earl's proctor, had used similar threats, thus: "And als be ye suir of grete displessur, Master, for ye nor nane other that heit Manderstoun salbe sufferit to remane in Scotland gif ye sunye or refusis justice in this cause;" that the Earl had moreover had Manderstoun taken from his own house and brought to the Castle of Dunbar, where in the presence of the Earl, the Captain of the Castle, some of the Earl's servants and Master Edmund Hay, he had caused the business of the divorce to be propounded and explained to him, and had then immediately afterwards had him taken off to the house of the Lord of Waichtoun and thence to Edinburgh by certain warders who were lying in wait about him in order that he should carry out the commission and bring the matter to an end. On account of all this and especially from the fear of the Earl, Manderstoun protests that if he with the concurrence or assistance of his colleagues proceeds to act in accordance with this commission, it be imputed not to his conscience and has sought a public instrument to this effect from the said notary. Witnesses: John Hepburne, George Manderstoun, prebendary of St. Giles, Edinburgh, and Robert Stans dwelling in Leythwynd.
Latin. 2 pp. (144. 85.)
Wainfleet, Lincolnshire.
[1567, May.]Plan of Wainfleet, Lincolnshire, and district, showing the new haven and the new bank. Note of proportion of charge laid on the lord of Dalby. Two places inserted by Burghley.—Undated.
Vellum. (Maps 2. 48.)
Little And Great Burton, co. York, &c.
1567, Dec. 18.Memorandum as to the Manors of Burton Super Yoore, called Little Burton, the lordship and township of Great Burton Super Yoore, in Richmondshire, Yorks, and the lordship of Ellington and Ellingstring, in the same. The owners named are Christopher Wyvell, Sir Thomas Gresham, Sir Christopher Danby, the Marquis of Northampton, and Lord Dacre of the South.—18 December, 10 Eliz.
1 p. (2125.)
The Queen of Scots.
[1567, ? Dec.]"Copy of an Act of Secret Counsell." The lords of secret council, barons and men of judgment desire it to be found and declared by the estate and whole body of the Parliament, that the cause and occasion of the privy conventions and messages of the earls, lords and noblemen and barons and others faithful and true subjects, and consequently their taking of arms and coming to the field with open and displayed banners, and the cause and occasion of the taking of the Queen's person upon the 15th day of June last by past, and holding and detaining of the same within the house and place of Lochlevin continually sensyne presently and in all times coming, and generally all other things invented, spoken, written or done by them or any of them since the tenth day of February last by past (upon which day umgle[umwhile] King Henry the Queen's lawful husband, and our sovereign lord the King's dearest father was shamefully and horribly murdered) unto the day and date hereof, touching the said Queen her person, that cause and all things depending thereon or that anywise may appertain thereto, the intromission with the disponing upon her property, casualties or other thing whatsoever pertaining or might pertain to her, was in the said Queen's own default, insofar as by divers her privy letters written and subscribed with her own hand and sent by her to James Earl Bothwell, chief executor of the said horrible murder, as well before the committing thereof as thereafter. And by her ungodly and dishonourable proceeding in a private marriage with him suddenly and unprovisedly thereafter, it must . . . [? be] certain that she was privy art and part and of the actual device and deed of the forenamed murder of the King her lawful husband our sovereign lord's father, committed by the said James Earl Bothwell his complices and partakers, and therefore justly deserves whatsoever has been "atteintit" or shall be used toward her for the said cause, which murder although by many indirect and coloured means she and the said Earl went about to colour and to hold back the knowledge of the truth thereof, yet all men in their hearts were fully persuaded of the authors and devisers of that mischievous and unworthy fact, awaiting while God should move the hearts of some to enter in the quarrel of revenging of the same, and in the meantime a great part of the nobility upon just fear to be handled and "demanit" [illtreated] in semblable manner as the King had been of before, perceiving the Queen so thrall and "bludy affectionat" to the private appetite of that tyrant, and that she and he had conspired together such horrible cruelty being therewith garnished with a company of ungodly and vicious persons ready to accomplish all their unlawful commandments, of whom he had a sufficient number continually awaiting upon him for the same effect, all noble and virtuous men abhorring their train and company, but chiefly suspecting that they who had so treasonably put down and destroyed the father, should make the innocent Prince his only son and the principal and almost only comfort sent by God to this afflicted nation, to taste of the same cup, as the many invented purposes to pass where he was, and where the noblemen in that open confusion privily "reposit" themselves gave sufficient warning and declaration.
1 p. The beginning and end much mutilated.
[Not printed in the Register of the Privy Council of Scotland.] (214. 6.)
The Training of Arquebusiers.
[1567.]A certain ways and means devised for the easy training of her Highness' subjects in the service of the arquebus:—
That the Queen by her commission or letters to certain special persons of knowledge and credit in every shire and towns corporate declare her study and care for the advancement of the force and strength of the land, and a desire to revive the courage of her subjects and to better their days with pleasant and profitable exercises, too long discontinued.
For the better alluring men to that exercise in every township be ordained a fellowship or society of arquebusiers, with certain commodities, estimations, liberties and immunities thereunto to be granted as followeth:—
First that such be called arquebusiers of the Crown and wear a scutcheon of silver with an arquebus under a crown royal, and to be promised preferment to standing garrisons as places fall void.
To be free of the town immediately where they dwell.
To pay no tenths, fifteenths nor subsidies.
To be free from all common charges within the town (watch and ward, hue and cry, only excepted).
To be free from all manner of general musters.
To have liberty to shoot at certain fowl, with respect of time and place and without "haileshoote."
At the times heretofore usual for the sports of Robin Hood, Midsummer, Lords and Ladies, so now that fellowship only to be permitted in those accustomed seasons, on the festal days, within the precincts of their liberties, to show themselves, with drum and fife and other music, and none other, and to make public collection, and what money they gather above the charges to remain in a common box for the use of the fellowship.
Item that the magistrates of every town corporate once a year prepare public games of shooting in the arquebus, with four prizes, the loss to be borne by the town and the gain to go to the fellowship, and that as well strangers, as of the company, be received to shoot, and that powder, arquebuses, flasks and touch-boxes be delivered out of the Queen's store for reasonable prices.
That the grant of corporation made sometime to Sir Christopher Norryce be renewed and the other societies of arquebusiers to be as members of the same and to receive rules from them.
It is also necessary that somewhat be devised for market towns not corporate in that behalf, but that must be done with the consent of the lord of the market-town because the lords are to be served with their own tenants.
It is convenient that [in] every shire or at least 2 shires one old soldier be appointed to train men in that exercise.
Like provision may be used to have always ready a number of trained pikemen out of every town corporate.
The use of the bow is according to the statutes still in villages chiefly to be continued and by some more pleasant means to draw youth thereunto.—Undated.
2 pp. (185. 159.)
[Another copy of this document is noticed in the Dom. Calendar, 1547–1580, p. 303, which is endorsed by Cecil:— "1567. Mr. Pellham's devise for harquebusyers."
On 20 June, 1569, articles of enquiry founded upon the suggestions contained in this 'devise' for the increase of harquebusery were sent from the Council to the commissioners for musters in the several counties; and the answers from some counties will be found in the S.P. Domestic in July and August, 1569: e.g. S.P. Dom., Eliz., Vol. 54, Nos. 16, 18; Vol. 58, Nos. 1, 2. See also under date 1569, June, infra.]
Lord Cobham.
[1567 or later.]Note of amercements against Lord Cobham with respect to the Cinque Ports contained in the Office of the Pipe.—10 Eliz. is the last date given. Endorsed by Lord Cobham.
pp. (145. 172.)
Interrogatories for John Appleyard.
[1567.]The Lords would have you answer to these articles in writing with your own hand. First how and wherefore you devised the tales that were reported from you to my L. of Leicester, of certain persons that should solicit you in the name of my L. of Norfolk's grace, the Earl of Sussex and others, to stir up matter against my L. of Leicester for the death of his wife, for departure of the L. Darnley, and the stay of the Queen's Majesty's marriage, and therein to disclose the intention of your device from the beginning to the ending. Secondly to declare plainly what moved you to use any speeches to cause the death of the Earl of Leicester's wife to be taken as procured by any person; and what you think thereof by the sight of the presentment made by the jury charged by the coroner and now returned into the King's Bench. To these matters the Lords would have you answer as plainly in writing at length as you have already done by speech.—Undated.
In Cecil's hand. Endorsed: 1567. 1 p. (202. 55.)
Instructions for replying to Imperial envoy regarding a proposed marriage between Queen Elizabeth and a nominee of the Emperor.
[? c. 1567.]Recommends that the matter be fully considered in the light of the stipulations contained in the marriage treaty between the late Queen Mary and Philip II.
Draft with corrections in Cecil's hand. 2½ pp. Latin. Mutilated. (204. 84.)
Kelso.
[c. 1567?]Rental of the Abbey of Kelso.
8 pp. (140. 188.)
Proclamations of Fines.
1567–8.Note that the sixteen proclamations of some Final Concord [lands not specified] were made in Court in the terms from Easter 9 Eliz. to Hilary 10 Eliz. according to the Statute.
Latin. Paper file of 2 mems. (222. 24.)

Footnotes

1 Shrove Tuesday.


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