Elizabeth: April 1572

223. Hunsdon to Elizabeth. [April 1.]

Has received answer from the Marshal and Mr. Randolph. Finding them of the Castle (by report of her commissioners) to be further off from any accord than they had promised him, he thought good to put them in remembrance thereof. To which they have answered, as appears by their letter which he sends to Burghley. It seems that they think themselves hardly dealt with. The Castilians have sent him word that, their being provided, and her majesty being the conservatrix thereof, they will not refuse to acknowledge the King's authority etc. Her majesty is now to resolve how far she will press the King's side to grant unto, for if the King's side will not be brought to grant those demands, it is but lost time either to bestow any longer travail, or to be at any further charges by treaty. Touching the dealing of the King's side, he is forced to let her understand that they have neither dealt so well with her as they have cause, nor according to their promise, and thereby have given her small cause to hope of any good at their hands further than to serve their own turns. At Lord Morton's and Dunfermline's being here, he demanded the delivery of the Earl of Northumberland, Swynburne, and the rest of her rebels. Upon long discourse thereon, although they showed themselves very loth to yield thereunto, yet upon his earnestly pressing for a resolute answer, they promised that, the Laird of Lochleven and Lord Lindsay being considered for the keeping of them all this while, they should be at her commandment. Notwithstanding which promise Swynburne, Smythe, and Palmes were presently set at liberty, and sent away, and how near the Earl is going, her majesty best knows. Finding himself not well used therein, he required the Marshal and Mr. Randolph to burden the Earl of Morton therewith, who excuses himself, saying they were gone before his return. Lord Lindsay excuses himself, alleging that he had sundry times offered them, and could have no answer thereof, and, therefore, being weary of the charges, put them away. Believes the Earl will not be delivered. Although he durst not presume to be a suitor to her for his son, having so well deserved his imprisonment, yet he gives her humble thanks for his liberty and her favour towards him. Berwick. Signed: Hunsdon.

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

224. Hunsdon to Burghley. [April 1.]

Sends such advertisements as the Marshal and Mr. Randolph have directed to him [Burghley]. Upon a letter that he wrote to them of the Castle, they wrote him an answer which he sends herewith. They also sent him word that, so that they may be provided for to enjoy their lives, lands, and goods according to their former demands, they will yield to the King's obedience, and to the Regent, having of the nobility of their side joined in equal authority with the rest, so that the difficulty will be in the King's side, for surely he thinks they will hardly be brought to grant to those demands unless her majesty presses them very earnestly thereunto.

[Mentions that Swynburne and others were set at liberty. Lord Lindsay's allegation etc., as in No. 223.] Surely this and such like dealing with her majesty made him loth to deliver them any money, yet has he sent them 1000l., which is delivered to the Regent. Sends him three books lately come out of Flanders, sent to him from Grange; one in defence of the Queen of Scots' honour; another as to the right title and interest to the succession to the crown of England; and the third, that the "regiment" of women is conformable to the law of God and nature. When Burghley has read them, prays him to lend them to his brother Knolles. Berwick. Signed: Hunsdon.

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

Inclosure with the same:—

(Maitland and Grange to Hunsdon.)

"After our harty commendations to zour good lordship." We have received your letter from the bearer, bearing date the 26th instant, whereby your lordship charges us somewhat hardly, as if we meant not sincerely to come to an end in this treaty "conforme" to your expectation conceived of our own writing and speeches. Surely we would be sorry to give occasion to your lordship so to think of us, "for it wer to greate a blot to our owne honesty." If your lordship had been made privy to our proceedings since this treaty was begun, you should well have understood that these delays have not grown of us, nor of any desire we have to protract time—but rather against our wills. For we have ever offered to her majesty's commissioners to proceed with them in all articles which concern the private interest of the subjects on both sides, and the controversies between party and party, leaving the articles which concern the authority and "regiment" of the realm to be last treated of. They have always pressed us first to yield our obedience to the Prince as King, and to the Earl of Mar as Regent before they would enter to treat with us upon the other heads which touch our sureties and private interest. This form of treaty we have always refused, and "yit do stand apon as a preposterous ordre bayth for our honouris and suretyes," and in our judgment we have good reason so to do, for the considerations we have imparted to the bearer. Yet have we always promised that, being satisfied in the other articles as far forth as of reason we may crave, we should answer the other two articles in such sort as we trusted should satisfy her majesty and her Council, for we should go as far to her contentment as the cause itself would permit us. One point we pray your lordship to remember, which in all our conferences with your servant we have touched, to wit, how dangerous and prejudicial it shall be for us to come under the government of any person that is our "capitall eniemye," and how necessary it is for us to have an indifferent and equal government. If our friend and old acquaintance had favourably interpreted and friendly advertised your lordship what measure we have offered, you would think better of us than by your letter you seem to do. We doubt not but we are sore blamed for these burnings and spoils, and the slaughter of Lord Methven, "chansed" since this treaty began; wherein, when your lordship shall understand our part, as we have informed the bearer, your lordship will perceive in whose default it is that there hath not been a continual abstinence from all such hostility since the first day of their coming, which was offered for our part liberally. Further of our minds in all behalfs the bearer will communicate to your lordship, to whom we have uttered the same amply. Edinburgh Castle, 30th of March 1572. Signed: W. Maitland. W. Kyrkcaldy.

1 p. Addressed: "To our wearry good Lord, my Lord Hunsdone, governour of Barrwick" etc. Indorsed (by Burghley's clerk).

225. Matters of Scotland. [April 1.]

"A brefe note of such thynges as the Q. Majesty was content to assent unto uppon certain matters propounded by Mons^r de Foix in presence of the Duke of Montmorency and Mons^r de La Motte Fenelon."

The Queen's majesty will be content that it be signified by writing in the name of her majesty and of the French King, to the Regent of Scotland, and to the Scots that are in the Castle of Edinburgh, by means of the Marshal of Berwick and Mons. du Crocq, that both their majesties are of opinion that, to the intent a general good peace may be made in that realm, there ought to be presently a surcease of arms, and thereunto both their majesties shall most earnestly exhort both parties. And as for the conditions and circumstances required to be considered in the said surcease, if there shall therein occur any difficulties, it is thought very reasonable that the said Marshal of Berwick and Du Crocq, in the name of the Queen and the French King, as persons indifferent and void of passions in this case, might determine by their joint accord upon the same conditions and circumstances: to the which determinations both parties should be moved to assent. And after such a surcease so made, it is hoped that the matters which are now impediments of the common peace may be [decided] either by the means of the noblemen and States of that realm who may more freely assemble in time of the surcease and determine their own differences, or else by interposition of the advice of the Queen's majesty and the French King in such points as cannot be decided amongst themselves. And if no accord may be had by their own means amongst themselves, it shall be required that they will be content to send some persons indifferently chosen by both parties to treat of their differences with such as shall be authorised by the consent of the Queen's majesty and the French King.

Secondly;—for the Queen of Scots. The Queen's majesty is contented that it shall be lawful for any of her friends to send her all manner of things meet for her person, both for apparel and her health, and such reasonable and competent sums of money as shall seem meet for any necessary use for her own person, or for her servants attending about her, so that the same may first appear and be known either to some of her majesty's Council here, or to the Earl of Shrewsbury, in whose house the said Queen is. And it is truly affirmed that hitherto this demand has not been at any time refused.

The said Queen also has liberty to walk and ride abroad for her health in company with the Earl of Shrewsbury, in such sort as is reasonable, having regard to his charge; and so the same liberty shall continue, except she shall otherwise give just reason to alter it, as at sundry times both she and her ministers have done.

The said Queen also shall have such a convenient number of servants to attend upon her as may seem meet to the Earl of Shrewsbury, to be void of such practices as heretofore sundry of hers have used and attempted. The Duke of Montmorency may also now send any of his with letters to the said Queen, so as the same shall be delivered with the knowledge of the Earl of Shrewsbury, as hath been moved.

Lastly;—for the matter of the treaty. First; for the letter demanded to be sent to the French King for explanation of the Queen's majesty's intention upon the second article in the said treaty, —the same is ready signed by her majesty, and shall be delivered.

Secondly;—as to another explanation required to be made in writing upon the 36th article, the writing to be signed by her majesty, contains contrarieties against treaties betwixt England and Scotland, and in some other part an innovation prejudicial to the crown of England. Yet on the return of Sir Thomas Smith, who was at the compounding of the said article, it shall be further considered.

Finally;—for the articles concerning commerce, the same shall be treated of with Monsieur De la Motte after advice taken of our merchants.

2 pp. Draft in the hand of Burghley's clerk. Corrections and additions in Burghley's hand.

Cott. Calig., C. III., fol. 331.

Fair copy of the same.

226. Answer to the Articles. [April 2.]

We have considered the articles delivered to us on the 2nd of April generally containing the intention of the Queen's majesty your sovereign for reducing of this realm to an inward peace, and so to continue from civil wars and dissension; wherein we find good cause to thank her majesty for her care shown for the King, his realm, and people. We like also very well of your travails used as her highness' commissioners for pacification of this troubled State, being always willing—as we are yet—to yield to her motions in all things "proponit" by you touching the peace, so far as reason can allow, or as may stand with the preservation and surety of the King and his authority, and of the noblemen and other subjects professing his obedience; for the which we nothing doubt her majesty remains careful and earnest. In whose default the time has been protracted, yourselves can best judge, for we have "proponit" no new thing or contrarious to the good which her majesty's self hath laid. But the disobedients yielding their obedience to the King's authority and present regiment established in his name, we were and are ready to proceed in treating upon the "remanent" articles; without which two first concluded, in the "remanent" seems no great purpose. Notwithstanding, for that you are desirous thereof, we will not forbear to deliver to you our opinion as well toward the beginning of the action of pacification, as to the articles received from you.

And first,—the state of the cause considered, with the final intention of the Queen's majesty, that all degrees of subjects shall submit themselves to the authority of the King,—we think it will greatly further your proceeding, and cut away many doubts, to understand in your dealing with the persons now inobedient to the King's authority, being within the Castle and town of Edinburgh, for whom they speak, and in what order; for if the principals who will still stand upon their titles as lieutenants to the Queen, the King's mother, and by that means think to include all the King's disobedient subjects in the treaty, there is consideration to be taken how then to deal with them "ane way," or if they agree frankly as subjects, for themselves and theirs to yield their obedience to the King, and to accept and give surety, then is the matter otherwise to be respected; for upon this distinction depends the resolution of many neutrals and others who looked to take advantage by the treaty, howsoever it falls out. And yet to be more special "for expeditionis cause," it is meet that you and we be resolved whether the disobedients now to the King's authority within the town and Castle of Edinburgh deal only for themselves and such as properly may be called theirs, or if their meaning is to treat or deal in the favour of others, of whom some are forfeited for the murder of the King our sovereign lord's father and other heinous crimes, and some out of the realm occupied in procuring strangers to trouble the professors of the true religion and the present state of both the realms, or in piracy, as the Earl of Bothwell, the black Laird of Ormiston, the bishops of Glasgow, Ross, and Dunblane, James Hamilton sometime of Boithuilhauch, and his brother the Provost of Boithuil, Mr. John Hamilton, brother of the Laird of Samelstoun, Mr. David Chalmer, Patrick Blackater, Hay, (fn. 1) Balfour, (fn. 2) and many more. It is also to be inquired if they speak for Lords Livingston and Flemming, and upon what warrant; and if they mean that Will of Kynmonth, "Hew" and David Batyes, "Gray Will, and other thieves and "brokin men" inhabiting the Borders, who lately spoiled Peiblis, and have attempted many more enormities all the time of these troubles, shall be comprehended among such as they speak for, or not. Being thus resolved, which will make a great light and furtherance of the action, the first article is to be passed apparently in these terms.

(1) That the whole State of Scotland in all degrees of subjects shall presently submit themselves to the King etc., and that the nobility, prelacy, cities, and boroughs shall affirm the same by act and subscription in writing, and give general assent thereto in Parliament, and in the same Parliament to confirm things before concluded or anew (as the Estates shall accord) to establish matters tending to the preservation and propagation of the true religion, with such further security as shall be thought requisite of the persons who heretofore have made defection or look to have commodity by his highness' death; for it may well be thought that the submission of the principal "inobedientis" to the King's authority by oath and subscription cannot be thought sufficient surety for their obedience and loyalty in time coming, for some of them were earnest instruments in furthering the coronation of his highness and of all the actions of his majesty long thereafter, as Lord Hume, Grange, Lethington, his brother John Maitland, Robert Melville, and Sir James Balfour, who also received profit for rendering of the Castle. Some indeed never fully acknowledged the King's authority, but resist the same, as the Duke, his children, and some of his friends, looking by his highness' death, as may be thought, to have worldly commodity; of whom, in that respect, the greater surety is to be had, being suspected not without good cause, and some a . . . . professing obedience after their defection were made obedient, and subscribed and swore anew, as the Earl of Huntlie and many others. Therefore, according to the particular condition of each principal person now making submission further security is to be had of them, as shall be devised by us.

(2) Touching the second article, of the approbation and continuance of the present Regent, that it have place, but without limitation, because the like was never received in this realm, nor yet has he given occasion to induce such novelty—not that he intends unadvisedly to dispose of things pertaining to the crown, but because of the inconvenience which the said limitation behoves to bring in with it, for by that way the regiment in effect would be transferred to the multitude, which could not fail to induce confusion and factions. It might also occur that some of that number of the Privy Council, by whose advice and consent he was astricted to do things, absenting themselves, as they might do purposely, the administration of the regiment should cease, to the undoing of the common weal. Nevertheless he means nowise to resolve in any matters of weight singularly, but will always rule his actions by advice of the Privy Council and ordinary officers of the State, who shall remain and be resident with him. And therefore the second article is to be passed in this form:—That all the subjects now making their submission to the King shall in his name obey the regiment of the Earl of Mar, according as the Parliament and States have already allowed, and thereupon to make surety; and that the Regent shall advisedly dispose of things pertaining to the Crown, using thereunto (as cause shall require) the advice and consent of the Secret Council and ordinary officers of the Estate present for the time.

For the third article, touching the standing of religion in that state that presently it is, we like very well of the article as it is conceived, only adding thereto some words for clearness and avoiding of ambiguity, which we trust shall not disagree from the intention of the Queen's majesty in that point.

(3) The true religion of Jesus Christ now publicly preached and professed in Scotland, and established by law in the first year of our sovereign Lord who now is, shall stand in that state that presently it is, with free liberty for such to preach as are appointed by the lawful bishops and superintendents of the true Kirk, and that they at all times pray for the King's prosperous estate. Provided always that "thir wordes sall remaine in that state that presentlie it is," shall not be captiously misconstrued or "sinisterlie" interpreted in favour of the transgressors of the said law, and Act of Parliament, using privately or otherwise to say or hear masses, administration of sacraments, or other thing derogatory to the true religion at present or in time coming, but that they may be absolutely and without exception or condition punished according to their meaning and effect of the law, anything now to be contained in this treaty notwithstanding.

(4) The article, as we answered heretofore, is so ample, so general, and draws with it so many inconveniences that it can hardly agree with good reason anywise to be granted unto; for, putting acts and deeds on either side in oblivion, we should admit that there was equity in actions betwixt us, and thereby confess the acts of the adversaries to be as lawful as ours, and ours as wrongful as theirs, and so the honest cause would appear alike odious as the "unhonest," and all men alike guilty and culpable of the occasion of the present trouble and mischiefs, the contrary being indeed, for that which we have done is by the lawful authority of the King, approved by the most part of themselves, and their deeds "ar without auctoritie lauchfull and approvit be the estatis." The oblivion would be a liberty and subterfuge for murderers, thieves, robbers, heretics, idolaters, sorcerers, pirates, sodomites, peacebreakers, and other mischievous people in their kind. It would take away all manner of actions betwixt party and party in causes as well civil as criminal, and great iniquity would thereby be done to such as wrongfully and causelessly have sustained loss and scaith in the service of the King. It would indirectly subvert the King's estate, making him liberal and a friend to his enemies, and enemy to his friends. It would retain together the rebellious faction, howsoever outwardly they gave their submission and obedience for a time, aud in hope of the like impunity all evil men of wicked nature would draw unto them, as presently they do. And, howbeit, probably the King might be assured of their good service in time to come,—whereof space of time must give experience—yet in granting oblivion he would buy their favour with the "geir" of his "trew experimented friendis and subjectis, quhilk suld bring baith danger and dishonour to his estate." In which respects the said fourth article in honour, reason, or conscience cannot be thought convenient to be granted, but they shall have remission in like form and order as divers noblemen coming to the King's obedience received and accepted, with like exception for the murders. Such remissions satisfied, the Earls of Argyll, Crawford, Cassillis, and Eglinton, Lords Boyd, Ogilvy, and many others who may well think they were hardly used, and no indifference shown, if others who have offended more grievously should be admitted to favour and pardon upon more slight and tolerable conditions—yea, the Earl of Huntley himself after his first defection received the like remission—therefore the fourth article is to be passed in these terms:—All now "inobedient" to the authority of the King shall have his highness' remission and pardon for their treasonable resisting of the same, and as far as in them lay depriving him thereof, and for not obeying and serving his majesty as good subjects since his coronation, and for all action and crime that may be imputed to them or any of them therethrough or following thereupon, and for all other actions, crimes, treasons, transgressions, or offences whatsoever committed by them since his coronation; the murders of the King's father, James Earl of Murray, and Matthew Earl of Lennox, other murders, slaughters, ravishing of women, theft, receipt of theft, and witchcraft excepted. Excepting always out of the said exception slaughter and other crimes committed in the common cause of resisting his highness' authority or depending thereon, which his majesty wills always shall be comprehended under the said remission.

(5) The fifth article seems not to be needful, or else should be "clerit" and better explained, for there is no question with any who have not offended,—who are always under the King's protection; but the matter is for the ordering of those who have offended in deed. Yet if there should be any article for this purpose, these words are plain and sufficient. The subjects who have not offended against the King's authority and the laws of the realm shall be used according to the laws, and not otherwise.

(6) To the sixth article, we say that the Kings of Scotland and such as bear their authority have always been accustomed to choose their own Privy Council of the nobility and such others as were trusty and best qualified, as all other Princes do, and as soon as the noblemen now "inobedient" yield their obedience to the King there will be no difference of persons where they are not merito suspected and rejected, but according to their worthiness, and experience first had of their good affection to the King and his service, they will be admitted indifferently to be of the Council etc.

(7) We can be content that an article pass thereupon; howbeit with such condition as we trust shall not seem to yourselves against reason. That liberty of reproaching or railing be taken away upon such pains as may be devised, but with provision that such books or other "writtis" as are made or hereafter shall happen to be made prejudicial to the King's estate, the quietness of both the realms, or touching the honour of the noblemen and others professing his obedience, may, notwithstanding, be answered, and especially the book given forth in the name of Morgane Phillippes.

(8) It is certain that the possessors of such offices, not being heritable, are always removable at the pleasure of the Prince, and the profit of the offices being of so small value cannot be divided, the whole being little enough for such as serve the charge and make residence. "Bot zit that na ressoun salbe omittit, lett the article pas in this forme—"That all sic persouns as presentlie in the Kingis name possessis ony office in counsale or in the Sessioun or otherwise for administratioun of justice sall continew in the same, and gif ony persoun that hes bene willinglie removed fra ony sic office sen the departur of the quene the Kingis mother furth of Lochlevin, that for thair satisfactioun the same or some other office of like commoditie quhen the samyn salhappen to be voyd upoun knawlege had of thaire qualificatioun, habilitie, and gude affectioun to his hienes service, be gevin unto thame."

(9) As to the general restitution on either side, it cannot in reason be thought that equality should be betwixt that which is done by law and lawful authority, and that which is attempted by force and violence without law. Yet, that nothing reasonable shall be refused, nor anything that may further pacification omitted, the subjects now inobedient to the King's authority, having his remission and pardon, as is before said, shall have permission to call by law for reduction of their forfeitures etc., and that the like Act be passed in favour of those now "inobedient," as well granted to the Earls of Ergile, Cassillis, Eglintoun, as others who lately returned to the King's obedience. That is, that the escheats of the persons coming to the obedience of the King hereafter, and eschewing of all occasions of discord, shall remain with the persons present possessors of the said escheats, notwithstanding the crime of the common cause of resisting of our sovereign Lord's authority, and not obeying and serving the same in time bygone since his highness' coronation etc. [Debts and goods lawfully intromitted with by virtue of escheats shall remain with the donators. Deal with the limitation of time in the article.] We think surely that Lord Hume, Lethingtoun, Grange, Sir James Balfour, "Maister" James Kirkcaldy, David Malvile and others shall have large "compt" to make to some whom now they stand confederate with.

(10) It is meet that there be some more special declaration of what natures the controversies are which should be comprehended under the article, and it is very apparent that in the treaty wise and indifferent persons must be appointed for interpretation of doubts.

(11) [Like well that all men renounce private bands amongst themselves and betwixt them and foreign Princes.]

(12) We like well of the twelfth article being these words;— "That all the forthes and haldeis being in the handes of ony man within this realme, salbe deliverit into the K. handes absolutelie, and agane delivered to those who have the custody of thame or utherwise, as sall seame gude to the Regent."

(13) That the Castle of Edinburgh, as the thirteenth article imports, be delivered into the King's possession etc. And howbeit the Laird of Grange hath deserved little recompense by his past behaviour etc., yet he condescending to deliver the Castle there shall be good means found for his reasonable contentation.

(14) We like of the fourteenth article (excepting such as are guilty of the murders or other "haynous crymes" not committed in this common cause, whereanent all doubt and controversy will be avoided) "be according upoun the former articles befoir it cum to this place."

(15) We most humbly and thankfully accept the Queen's majesty's good meaning, and shall endeavour to deserve her favour.

(16) We like very well of the last article, and there are Commissioners already authorised by Parliament to treat to that same end. For the beginning and furtherance of which matter we have to enquire if you are presently instructed to treat and conclude in a league with the King and this State; for if the "inobedientes" are conformable, then is the matter any way to be "handillit," with provision how the peace is to be conserved, and the King's obedience maintained. But if the treaty with them falls off through their obstinacy and default (as there appears yet small likelihood of their conformity), then in treating for the league it is to be with greatest diligence resolved how by her majesty's aid and forces they may be brought to acknowledge their duty. We remain ready to deal with you in this behalf every way, although little end apparently can be made therein.

6²/3 pp. Closely written in a Scottish hand. Indorsed (by Burghley's clerk): "2 Aprill"; and in Randolph's hand: "Answers of the Commissioners appoynted by the Regent to the Articles geven them by us the 2 April 1572." Notes in the margin by Burghley.

Cott. Calig., C. III., fol. 299.

Copy of the same.

227. Instructions for Mons. Le Croc. [April 2.]

(1) The King desiring to see these troubles which are in Scotland cease, and that there may be established a good peace and quiet as soon as might be possible, has thought good to send thither Mons. du Croc, as has been agreed upon between his deputies and the Queen of England's ambassadors; willing that the said Du Croc, after that Mons. de La Mothe Fénélon shall have imparted this instruction which the said Queen shall give to the gentleman whom she shall depute on her part, shall take his journey towards Scotland with him whom the Queen of England shall appoint to go thither, that they may notify to the Scots the good and perfect amity and sincere union which is between the King and the Queen of England.

(2) The King's intention is that they two jointly shall deal with the Scots to come to a pacification and agreement amongst themselves by putting an end to their civil war and dissension by such means as the Scots shall find to be fittest and proper for their weal and safety, and most agreeable to their laws.

(3) To cause them to well understand the great grief which the King has for their ills and calamities in respect of the ancient league and confederacy which he has with their realm, and the particular affection he bears to them, which is such that he has no less care of them than of his own subjects, and loves them equally, and offers them all the means and power he has for the pacification, re-establishing, and preserving their State.

(4) In order that the Scots may advise amongst themselves more conveniently concerning the conditions and means of accord, he prays them to make truces and suspense of arms to the end they may surely and freely treat and confer together.

(5) He shall also admonish them to acknowledge the Prince of Scotland as their natural Prince and next heritor of the crown pending his mother's absence, and all to accord together.

(6) If he or the Sieur du Croc find any who for particular interest etc., will not accept reasonable conditions of peace, he shall admonish them by all honest and wise remonstrances not to dismember the union of the body of their State to the common ruin thereof.

(7) If they will not give way to his gentle advertisements, his majesty desires that as well the Sieur du Croe as the Queen of England's ambassador may let them understand that their majesties will devise some good means to bring them to their duty.

(8) In case any fear to accept the conditions of peace and accord, lest afterwards they might take harm in their persons, honour, or goods, and for that reason the conclusion thereof might be hindered, his majesty desires that the two ambassadors may together strive to give them all the surety they can, and (if need be) take them under their majesties' protection, and declaring themselves enemies to such as shall begin by way of fact by troubling the union and quiet of that realm, to attempt against the accord of pacification which shall have been made by common consent.

(9) The two ambassadors shall proceed in all this negotiation jointly and with one accord, and in like manner as if they were the ambassadors of one and the same Prince. If any difference should arise between them upon the execution hereof, that which the difference shall arise on may remain suspended until their majesties shall send them their will and intention. Blois.

1²/3 pp. French. Indorsed by Burghley: "Delyvered at Grenwych y^e 13 of Aprill 1572"; and (by Burghley's clerk): "Copie of Mons^r du Crocs instruction."

Translation of the same.

1½ pp. Indorsed by Burghley.

228. Sir Thomas Smith and Walsingham to Elizabeth. [April 3.] Cott. Calig., C. III., fol. 462.

"Please it your Majestie"; on the 30th of March, at night, we received your highness' letter of the 20th of the same. Whereupon, asking audience the next day (because the King was yet at his diet) we spoke with the Queen mother in her chamber; where I began to declare to her highness, that, by letter from your majesty, we had understood two things whereof we were sorry. The one, that your highness having received from us the despatch of our negotiations here as touching the league and amity, and willing to despatch our courier again with your resolution, which we doubted not should be to her's and the King's contentation, their ambassador resident required that your majesty would not write your answer or resolution to us until he had his courier come,—for whom he looked every day. Saith the Queen, "that is because he would concur with you." "I think so," said I, "and it is well, and I trust we shall concur to a perpetuall and most straight amity." "I hope," saith she, "but yet he wrote not so much to us that he spake to the Queene to forbeare hir resolution to yow. but only tha[t] he loked for his currour." "Thother," quoth I, "ys more grevous to us, becawse we take the tyme lost, and som evil suspicion may be conceived, but I trust the amity is so begun betwixt the ij realmes that ther shall no suspicion have place after that the one hath understood the other. Monsieur De Croque arrived in England, as your majeste knoweth, with commission from hence to help Scotland to a quietnes in yt self, and to concur with him whom the Queene our mistres should send for that purpose for an aid, and even at that same tyme was letters intercepted of the Queene of Scotes to the Duke d'Alva, wherby she geveth hir self and hir realme and son to be in the protection and government of the King of Spayne, and with that the Lord Seton, who had bene here, and sithens with the Duke d'Alva, droven [by] tempest into an haven in England called Harwich—the same haven which by the conspirators was apoynted whe[re] the Flemmyngs or Spaniards should arrive—disguising himself like a mariner, went from thence, and cam, as I told your majeste, into Scotland, and into the castle of Edinburgh with som other of the Queenes majesties rebells. His papers and instructions being found declareth, that in his mistres name he had assurid the Duke of Alva that with a small power thei might bring into ther hands the yong King of Scottes, and so cary him into Spayne; then geveth comforte other of the rebels by their lettres, that shortly thei shall return into Scotland. "This, Madame," quoth I, "was enough to make the Queene our mistres to awake and to looke abowt hir." "And even at that same tyme cometh De Crocque with the Kings letters and requireth the Scottish Queene to be put at liberty, and to be sent into France." "Madame," quoth I, "I pray your majeste considir the case, and imagine that yow were the Queene of England my mistres, and that all these things at one tyme cam to your consideracion, what wold yow think?" "Ah, Monsieur l'ambassatour," saith she, "we did know then of no such entent of the Queene of Scottes. Ye may be sure we wold be as loth that eny such things shold be attemptid as yow, and rather lother." "Madame," quoth I, "I do not dowte, considering this good amity which is so forward betwixt the ij realmes." "Well," saith she, "she is alied to the King and to me, and brought up here, and we for our parte cowld do no les but entreate for hir what we cowld obteyne at the Queene my sisters hands. She seketh an other way to ruinate hir self, to hurt hir freends, to deserve no pitie nor favour, and sorie we must be for hir. And if she be so dangerous (as yt aperith) we can not nor dare not require liberty for hir, which is so perillous to the Queene my sister's State. Yet if yt shall please hir for our sake to geve hir hir lief, and for the rest to provide for hir owne suerty, as reason is, she shall do a deede of pity, and in this mater we will trouble the queene your mistres no ferther." "Then," quoth I, "one other thing is ther towching Monsieur De La Crocque. His pouvoir or commyssion (for so we call yt) is not large enough. For he hath (as she saith) but commission to move them to peace and agreament, to the which now of late thei of the Castle do sh[ow] them self very obstinate, perverse, and unreasonable by reason of some offers from the Duke of Alva, and som hope, peradventure, conceived from hence. For where before thei were content to require the Queenes majesties aide to com to a good agreament with the adverse faction, so that the suerty of their persons, lands, goods, and honors might be provided for, now thei be so puffid up that thei will not com to an abstinence of civill warrs emong them self, and suerly the Queene my mistres mene no other, but to have brought them into quietnes within them self, to thentent that that realme might after agreament with yt self enter into this league with the other ij realmes—making, as yt were, for defence one hole realme: and so I have alwais told yow madame." "Yt is so," saith she, "and we desire no other." "Well, madame," quoth I, "if ye then will concurre with us, the mater will sone be at a poynte." "Then Monsieur De Crocque must have a larger commission than yet he hath. For he saith he hath but as I said afore, and to move them to accorde emong them selves, to chouse a nomber of them to govern the realme, and never make mencion of king or queene." "Whie," saith M^r Walsingham, "that is a headles government, and when will thei ever agrea unto it? He that knoweth that nacion will never think that that will com to passe, and therfor that should be to make more war emong them—not to make peace." "Madame," quoth I, "that commission hath no order nor authority, but, as is said, to continew troble. But, madame, as in all maters hitherto we have well agreed betwixt the ij realmes of England and Fraunce, I pray yow let us agrea and this [sic], and if we speake reasonably, the King shall concurre with us. Yf no, let us here reason to the contrary, and we shall answer. The Queene my mistris hath propound[ed] this, that thei shall all agrea to acknowledge the yong King for King. (For, as for the Queene, ye know she hath good cawse not to trust hir—nor yow nother.) Then for propounding how one shall agrea with thother for ther lands, offices, and goodes, that to be agreed by mediacion of wise and indifferent men, wherof your ambassatour—be yt De Crocque or eny other—to be one umpire, and whom the Queene our mistres shall apoint an other. So that thei shall well know that these ij crownes as freends will make them by persuasion to agrea to reason. Yf no, to joigne together to make them take reason—yea, against their wills." "Ye say well, Monsieur l'ambassatour," saith she, "and ye speake roundly and plainly, as ye are wont to do. I will speake with the King my son, and ye shall have answer." "Madame," saith Mr. Walsingham, "Monsieur l'ambasatour speaketh here playnly to yow." "Yea," saith she, "so is her wont, I know hym well enough." "Ye"[yea], saith he, "but while we two shalbe at strife, yf you wold set up agayne the Scottish Queene, whom by reason the queene our mistres can not abide, yf in the meane while a third should com in, and set foote in Scotland, wold yt not trouble yow, and us also?" "Yes," saith she, "and we wold be as loth to se that as yow." "Well, madame," quoth I, "than take hede of the Puthawke, for he is redy." "I know whom yow meane," quoth she, "and he is ready in dede, and loves to be medling in every place. But I dowte not but the Queen your mistres and we shall agrea. Yt is our desire, and that this amity may encrease to make us both strong for all that cost." "I hope so," quoth I, "and wold be loth that all labour, for so litle a mater should be lost." "Lost!" saith she, "feare yow not. Your Queene can desire no reasonable thing at our hands but we will agree unto yt. Yow shalbe judge yourself, and to-morow yow shall have answer, God willing." "But here yow nothing els of thother matter, madame?" quoth I, "I know what you meane, but suerly nothing is spoken, not so much as from M^r Killegrew, nor of the league, but we looke every daie that our currour shalbe here, and then we shalbe able to enforme your majestie." "Yow shall not merveill," saith she, "that I be so enquisitive; for gladly wold I lerne somewhat of the Queene my sisters myend, and make this ammity si estroicte as may be." "And we do also desire the same, madame," quoth I. "for yt is both the Queen's majesties assurance and owres."

This is the sum of what passed at that time, viz., the last of March, betwixt the Queen mother and us.

The next day, the first of April, Monsieur the bishop of Limoges and Monsieur De Foix came to our lodging in the afternoon and showed that upon our talk with the Queen mother, the which she had at large declared to the King, because some things were in doubt, the King, according to the promise of the Queen mother, had sent them to us to be both satisfied in our doubts, and to give us a reasonable answer. All betwixt them, Mr. Walsingham, and me was repeated again—the doubt your majesty and your Council found, and the insufficiency of his [Le Croc's] commission,—and in all points debated in full etc. First we "beat" them with reason from the choosing of indifferent men, who should rule neither in the King's nor the Queen's name. That we said was rather αναρχια than Aristocratia, as they would have it. First,—the Scots will never choose such. Then, that nation was never wont to be governed but under a King, yea, and hardly could the Kings govern—the most part of whom they have slain themselves. Then, they have already elected and crowned their King, to whom by right it is due; for, as for their Queen, she is by them deposed. She is in England, and worthily kept so straitly that, when it pleased your majesty, she may justly have the rewards of her deserts, and if they were too earnest to set her up, or for her liberty, they may, peradventure, be occasion to shorten her life. It was also brought in that the league that France had was not with the person, but with the realm and the State thereof. They said the King, with his honour, could not, so long as she lived, consent to the deposition of her, being his late ally and confederate, nor to the setting up of her son, who is not a King's son, but hath all his right from her only. "Whie," quoth we, "then yow do wrong. Will yow interrupt the doengs of the realme whosoever is King there, and acknowledged King, to him yow are alied?" They came to this;—that if the Scots universally agreed to . . . , they must be content: and, as for the Queen, they had he[ard] and known too much of her, and although some excuse may be ma[de] for her by her grief of so long imprisonment, yet she has gone about too much, and against her own friends, her own safety, her son's, and the whole realm. "But," say they, "Scotland is a free nation, and we claim no superiority ov[er] them, and, therefore, the King cannot command them nor compe[l] them, but by persuasion and by entreaty what can be gotten of them that is reasonable to be done, and now that the Queen is prisoner with you, and, as appears, not like to come to them, wh[y] should they not obey the young Prince, whom, if his mother were dead, they must needs obey? and why should not . . . be done in his name, as when you had King John prisoner, did not all France obey to Charles the fifth, his son?" "To hi[m]," quoth we, "as Regent. But now if those shall obey as to the Prince, and thother as to the King, there wilbe no rule nor ordre." Upon this was some dispute betwixt us. In fine we concluded that they should send such ample instructions to Monsieur De Crocque for that purp[ose] to make the realm of Scotland so in accord that they may perfectly agree to join with the amity betwixt England and France, and that the articles of his instructions shall be such that your majesty shall think them reasonable for your surety, and those to be showed to your majesty to be judged upon; upon which you shall also join for the same purpose with the same or such articles as you shall devise, that by common consent of both the realms such accord shall be made either by the consent of the Scots amongst themselves, or by the common mediation of both your ambassadors, that neither your majesty nor this King shall be counted to lose anything of the old amity of Scotland, but jointly to aid them to be of one accord and in subjection to one head and one King, and that both your commissioners or ambassadors shall declare that, as Princes united in most strait amity, that which pleases the one shall please the other, and, to the contrary, who shall displease either, to displease both, etc.

The 2nd of April;—because both I and Mr. Walsingham were somewhat sick that night, both Monsieur [the bishop] of Limoges and Du Foix came to us and said [that] the Queen mother having again conferred with the King, and they both liking well our frank and round dealing in this matter, willed them to show us what articles or instructions their majesties had devised for the matter in Scotland to be compounded, because that from henceforth there should be plain dealing and full union betwixt the two realms, and all one desire to quiet all parties that way. We seeing the articles said, for somuch as we could understand, we liked them well, and they had gone as far as they told us yesterday they could go, but to give judgment of liking or not liking them, we referred to your majesty, and if De Crocque shows the same to your majesty, that we doubted not but whosoever the Queen sent, by her commandment also should show to him or to the ambassador the instructions or commission which your majesty would send by him, so that there may appear a plain dealing and a perfect union and intelligence betwixt these two Princes, and that no other subtility nor craft was meant, but sincerely to follow the entire amity which now was begun, that both in hearts, words, and deeds it was meant, yea, should go forward to the benefit of all the three realms. Bleais. Signed: T. Smith. Fra. Walsyngham.

6¼ pp. Addressed: "To the Queenes most excellent majestie." Indorsed (by Burghley's clerk). Edges injured. Paper signet.

229. Hunsdon to [Thomas Randolph and Drury]. [April. 4.] Lansd. MSS.,Vol. XV., fol. 21.

Having perused their letter to Lord Burghley, the tickets sent from the Castilians, and certain articles delivered to them from the Regent, and having weighed the contents of them, it seems to him an impossibility to do any good for the appeasing of those controversies, for sundry causes. First;—the Castilians stand upon these points which ever they stood upon, which are, to have surety for their lives, lands, offices, and goods, without which, it appears, they will not yield to the King's obedience, so he does not see how her majesty can in honour or equity require it at their hands, and is sure she will not. Second;—does not see the King's side anything inclined to yield thereto. Which are plain demonstrations that no good will follow.

The Castilians think themselves hardly dealt with to be pressed to yield to the King's obedience and the government of the Regent— which are the principal points the King's side require—and they to have no surety nor likelihood of their demands, wherein they say they are to put their necks into the halter or devotion of their mortal enemies, which they will not. In his opinion it were convenient that they proved the King's side to know whether they will agree to those three demands, or not; or else to show some reasonable cause why, or else it is but time lost and charges cast away for her majesty to deal any further therein. Randolph and Drury may see by their instructions that they are to deal as well with the King's side to grant to their demands as with the other to yield to the King's obedience, and therefore, if the King's side will not grant those demands, as appears by the articles they have delivered to them, the lack must be imputed to them [the King's side], for surely those articles are fair disagreeing from that her majesty looks for at their hands, as appears by their instructions. Her majesty looks also to hear what answer is made for the Earl of Northumberland, that she may know what to trust to, for surely if they use her no better for him than they have done for the others, she has small cause to look for any friendship at their hands further than to serve their own turns, and so it should be told them. Prays them to seek to know fully how far the King's side will yield to the other's demands, that her majesty may deal accordingly. Berwick.

1¼ pp. Indorsed: "4^th Aprill 1572. Copie of a lettre from the L. Hunsdon."

230. Shrewsbury to Burghley. [April 4.] C.P., Vol. VIII.

Begs him to request licence from the Queen for his abode at home at the feast of St. George. The Queen of Scots by unquiet and melancholy fits is something grieved with passions of her old disease. Sheffield Castle. Signed: G. Shrewsbury.

½ p. Holograph, also address: "To my Lord of Burghley." Indorsed (by Burghley's clerk).

231. Thomas Randolph to Hunsdon. [April 5.] Lansd. MSS., Vol. XV., fol. 23.

Incloses a request made to him by Alexander Hume of North Berwick for certain goods taken from him by a thief who is presently in his lordship's "daynger." Beseeches him that as much may be done to satisfy his request as he can, for he is honest, and one who has well deserved for good service at sundry times to England. Leith.

½ p. Copy. Indorsed: "5 Aprill 1572. A Copie of a lettre to the L. Hunsdon in favour of Alexander Hume gent."

232. Shrewsbury to Burghley. [April 6.] C.P. Vol. VIII.

Thanks him for his last comfortable news of the Queen's health. Will provide honest men according to his letter. The Queen of Scots is so discontented with all his doings that the hearing of a Parliament will not quiet her. All is well in these parts. Sheffield Castle. Signed: G. Shrewsbury.

½ p. Holograph, also address. Indorsed (by Burghley's clerk).

233. Articles by Elizabeth. [April 7.]

"Articles generally containing the intention of the Queen's majesty for the reducing of the realm of Scotland to an inward peace, and so to continue free from civil wars and dissensions."

[For the first and second articles see No. 121]. (3) Religion to stand in that state that presently it is within this realm, with free liberty for such to preach as are appointed, and that they at all times pray for the King's prosperous estate. (4) That all acts and deeds passed and committed on either side since the death of the King, wherewith any hereafter may be charged by any law (not including therein the murders of the King and two Regents) may be put in oblivion and so to be annihilated by Parliament. As many as will take remissions as others have done, in that case not to be refused. (5) All men not offenders against the present authority, though they have not assisted to the King's cause, may be indifferently received under the King's protection, and by the Regent to be maintained. (6) [Same as the 4th article of No. 121.] (7) That liberty of reproaching or railing upon each other be taken away, upon such pains as may be devised, as also writing of slanderous books, libels, or ballads. (8) [Same as the 5th article of No. 121, down to "office," third line from the end, and continues]—when it shall be vacant, or some other. (9) [Same as the 6th article of No. 121, except that it omits the words "on the one side or the other" in the third line from the end.] (10) [Same as article 7 of No. 121, except that the words "of England" are added here in the last line but one, after "realm."] (11) All men after the publication of the peace break and renounce all private bands and promises made among themselves that are contrary to the common peace. (12) That all forts and holds in the hands of any man within this realm may be delivered into the King's hands absolutely, and again delivery to those who have the custody of them, or otherwise as shall seem good to the Regent and Council. (13) [Same as No. 121, article 5, with the following words added]:—and if by no persuasion he (fn. 3) can be thereto induced, then that he be reconciled to them of the King's side in such assured sort as they may be assured to have him in all times at their devotion for the service of the King, and so he to remain in the Castle, with this provision, that he may not have any further number of soldiers therein than may only serve to defend the same Castle. (14) All prisoners taken of either party, who have already paid no ransom, to be free, their takers only to have their armour which they are possessed of. Those who have paid or have agreed with their takers, to stand to their agreement. (15) The Queen's majesty being willing to see this country at peace, may easily be entreated to interpone herself by all good means that may be devised for the security of the persons, their lives, lands, goods, and honours, on either side, so that there may be a good and perfect union from henceforth in all matters that concern their obedience to the King, and the keeping of the amity with England. (16) That the King, the Council, and the realm of Scotland shall do all things that the Queen's majesty may in reason demand to bind them and the realm in a perpetual amity with her majesty and the realm of England, and to assure they shall not permit any foreign nation to enter Scotland with men of war, or any rebel to come into the realm. Neither the King nor his subjects shall join with any foreign Prince or person in any offensive action against the Queen of England's majesty or any of her realms or dominions as long as they shall not be thereto provoked by any hostile invasion of England, wherein is to be considered or accorded by the Queen of England that they shall not be bound to join in any action with England to offend justly any other foreign Prince being in friendship with them, and thereby they may keep league of amity indifferently with England, and also with the crown of France, with which crown her majesty is presently in good amity, and, therefore, desires that the amity may be mutual betwixt all the three realms and kingdoms.

3⅓ pp. Indorsed in two hands: "Articles of pacification for Scotland offered by her majesty."

Another copy of the same.

Indorsed: "7 Aprill. Articles of pacification delivered to ether of the parties nowe contendinge by us W. D. and T. R. geven to those of the Castle the vij^th of Aprill; to the regent and Commiss. appoynted by him, the fourthe of the same. The verie same Articles contayned in our Instructions, savinge vj other added unto them by ourselves."

Cott. Calig., C.III., fol. 134.

Another copy of the same.

234. The Regent Mar to Thomas Randolph. [April 8.]

"After my maist hertlie commendationes, with naless thankes for zour freindlie lettre and newes." The place of delivery of the Earl of Northumberland required by Lord Hunsdon is such that neither I nor my "cousing" the Laird of Lochlevin can think "meit" or sure, "bot that the overture maid be the Lard of Cleishe is maist sure and likly, and to be followed out, alwayes it sall not inlaik in our default." What appearance Captain Cais has found in our adversaries of their yielding to the last demands sent unto him, I remit to his report, being at the writing hereof ignorant of the same. There shall be found no want of reason or goodwill to "peax" on our part, but I fear it will be "lang befoir this fassoun of dealing gif ws peax ayther be victory or treaty, quhilk last is likly to have na bettir operatioun heirefter with oure adversaires, nor it hes had heirtofore." I look that her majesty shall upon your "upenning" resolve, and that shortly thereafter I shall receive answer of my letters as well sent to her before your departure as since to my Lord Burghley to be imparted to her majesty. "as hir hienes irresolutenes now is to ws very prejudiciall, sa may it wirk na gude effect unto hir hienes selff, gif gude occasiones salbe stoppit or we constrenit as dispairt of ony uther end to seke meanys ellis wheare to sustene this wechtie cause, as I wald be richt sorey we suld have occasioun to do." I have sent my answer to her majesty touching the "Ireland bischop," as the matter is "indeid," for assuredly he is not yet examined, we being still "hinderit" from that and many more needful things through our earnest occupations here. But to be plain with you, it seems to me that the matter is not so looked on there as our goodwill deserves, nor as the thing itself may import to this State. Her majesty, you know, has spoken and written that she will maintain the King's estate, and procure to him a universal obedience of his subjects, which, if her highness would do indeed by repressing this rebellion with her forces, wherein the blood of so many noblemen and honest men has been, and daily is spent, then might she "als frankly dispose of ony thing liand in the power of ws as of ony maist devinet unto hir hienes."But when we consider this long and doubtful dependence, and hearing of the brag of our adversaries "that thay will out shute ws in our awin bow at hir hienes handes"—her majesty in the meantime continuing her own estate in such uncertainties—we are driven to begin to think, "quhat sall it avale the estate of Scotland to tak on thame the occasioun of a weir with the King of Spayn, be staying and delivering in England of a man avowing him to be the said Kingis man, not being assurit how far we may leave (fn. 4) and repose upoun the quenis Majestie in all eventis." This I write truly and familiarly to you, yet not meaning anywise to refuse her majesty's demand, but, after examination of the man and such as are in company with him, to do in that and all other things lying in my power, so far as with duty I may; "quhairunto I had the gretair occasioun to be frank and mycht the bettir answer to the warld," as well to the satisfaction of the strangers as of our own people, "quhen thay shuld see hir hienes go throughlie to wark with ws in that quhilk I doubt not hir hienes is persuadit to be just and honorable, and mycht alsweill tend to the repose of hir self as quietnes of the haill Ile." This my meaning I leave to your discretion to be "communicat," for I have only written at this time to her majesty's self, and that but shortly. I have also written to her majesty that I may have Hume and Fastcastell delivered into our hands, "for that it is rather expensivelie to hir hienes, nor servis to ony uther purpois."

Lord Hunsdon writes in strange terms to Alexander Hume of Manderstoun, but I will abide his own answer before I move the matter either to her majesty or my Lords of the Council. I have written to my lord ambassador for the Queen's majesty in France on the occasion of the receipt of his letter, although shortly, remitting the report of our matters to yourself. I pray you make my commendations to Mr. Killegrew. Leith. Signed: Jhon Regent.

1½ pp. Addressed: "To my verie loving and assured freind M^r Thomas Randolphe esquire, M^r of the Postes." Indorsed (by Burghley's clerk).

235. Morton to Leicester. [April 9.]

"Richt honorabill and my verie gude Lord, eftir my maist hartlie commendationis." For the matter last written of to me by your lordship, I sent my answer to the same to Sir John Forester, "of the quhilk I have hard na thing sensyne." Now I have occasion to move your lordship in some particular matters of my own and "freindis" touching the redress of certain "attemptattis" committed by the Queen's majesty's subjects inhabiting the West March, and to take order for abstaining from the like disorder and enormities hereafter, "quhairthrow" it may appear to the world that, as her majesty allows not the invasion of any subjects of Scotland not offending the peace, so is it most to her misliking and "discontentatioun" if such as always have been zealous of the observation of the amity with England shall be "harmit." I pray your lordship, therefore, that by your good means direction may pass to Lord Scrope willing him to cause the injuries and "skaythis" that I and my friends and tenants have received of her majesty's subjects under his charge to be redressed, and the like forborne in time to come, "quhairanent" I have written more specially, and at some greater "largenes," to my Lord of Sussex, unto whom a part of the matters "complenit on" are well known. Leyth. Signed: Mortoun.

½ p. Addressed. Indorsed (by Burghley's clerk).

236. Morton to Burghley. [April 9.]

"Richt honorabill and my verie gude Lord, eftir my maist hartlie commendationis." Having received some "skayth" by the "spoliatioun" of my lands the time that the Queen's majesty's forces came to Drumfreis, conducted by Lord Sussex, yet unredressed, and new injuries and attempts being committed upon my tenants by her majesty's subjects under the charge of Lord Scrope, warden of the West March, I have written to Lord Sussex that, by a special letter and commandment from your lordships of her majesty's Privy Council to my Lord Scrope, the bypast injuries may be repaired, and all usage of the like enormities forbidden in time coming, wherein I will "leif" to trouble your lordship with any long discourse in "writt," having somewhat more largely "oppynnit" the matters to Lord Sussex, to whom they have heretofore been moved, and he is acquainted with them. Praying your lordship "effectuislie" that by your good means the same may be "anserit howsone convenientlie may be."

The state of the proceeding of her majesty's commissioners here travailing for pacification, I remit to their own report, and in whom they find the default and difficulty that her majesty's intention in that behalf takes not more speedy effect. For my own part I will affirm to your lordship, and the like I know I may write for my Lord Regent and other noblemen professing the King's obedience, that there has not been, nor shall there be found any "inlaik" of goodwill in us to have their troubles quieted, if any ways we can obtain the same by her majesty's means with honour and surety, trusting that obstinacy and want of reason being found on the adverse part, her majesty will declare her misliking, and let them feel in deed her indignation "quhilkis rejectis hir favourabill admonitionis." We must still repose on your lordship's care for the weal and furtherance of these matters and the King my sovereign's estate. Leyth. Signed: "Zour 1. assurit at powar, Mortoun."

²/3 p. Addressed. Indorsed (by Burghley's clerk).

237. Thomas Randolph to Burghley. [April 10.]

Understanding by Lord Seton of a great number of books that were in the ship that he came out of Flanders in, written for answer to a little pamphlet called "the whom matche," and being desirous to hear what any man can say to impugn the truth of that, he earnestly desires his lordship that, if it may be without offence, he may have one or two of them, for that here they are not to be gotten as yet, though Lord Seton affirms that more are coming, but trusts there shall be some way made for the taking of them, or the suppression of them, if any more are brought into this country. Seeing that it was printed in Scotland as well as in England, some man, perchance, well able to write, may make the reply thereunto, if so it be thought good, as somewhat, perchance, his lordship may hear of before long replied to the first book, set forth in the name of Philip Morgane, which here are common,—at least 300 sent at one time to the Castle, as Grange himself told him. For this one book or two of answer to "the Matche," he trusts he shall receive his lordship's good answer. Leith. Signed: Tho. Randolphe.

Postscript.—Sends him certain verses made by Mr. George Buchanan of the death of the worthy bishop of Sarum, as also another learned young man of this country.

¾ p. Addressed. Indorsed (by Burghley's clerk).

238. Answer by the Castle Party to Articles. [April 10.]

"Ane ansueir to the articles presentit to the quenis majesteys Lieutennentis the vij^th of Aprile, and conferred upon with the commissioners ye ix^th, delivered to thame ye threttenth of Aprile 1572."

(1) and (2) The first and second articles "we pas over with silence till hearefter."

(3) The religion shall be maintained, and the preachers have such liberty in this realm as they have in England and other kingdoms where the Evangel hath free course, they containing themselves within the bounds of the written word, and not transgressing their vocation.

(4) There needs no mention to be made of remissions where things are "annihilated" by Parliament. The exception included within the "parenthose" must be taken away, for he who killed the Earl of Murray is out of the realm. For him we speak nothing, and others ought not to be burdened therewith. The Earl of Lennox was slain in just war, and "thairthrow na man is chargeable thairfore." As for those who perpetrated the murder of the Queen's husband, we meddle not in their cause.

(5) and (6) These must come in with the two first articles—the number, however, must be equal on both sides.

(7) It is reasonable.

(8) We find no reason in the article, but rather that where men are dispossessed they must be restored.

(9) The article is not amply enough extended, for it must reach as well to benefices, persons, honours, offices, rooms, possessions, as lands and inheritances. It must have relation to the first taking of the Queen, and an order must be taken for a reasonable recompense where the goods are not extant in specie; without mention that the parties shall not be chargeable where the goods have been spent in the service of the crown; for that clause gives a subterfuge which will overthrow the whole effect of the article, for every man will say that he has spent all that he had in the service of the crown.

(10) We mislike not the article.

(11) "Siclyke."

(12) and (13) There is no cause why, after the pacification, such as by a universal consent have been placed in the strengths should not still keep them, they being answerable therefor. The effect of the 13th article is in a manner ridiculous, for although the most part of the abbeys of Scotland are waste, yet we believe there are none left void, and to choose one upon the next "avoydance" is against all laws, "quia probet occasionem captande mortis aliene." In place of the 13th article must be put the article exhibited by us touching the Castle of Edinburgh.

(14) It is not to be refused.

(15) and (16) We mislike not the substance of the articles.

To the articles must be added these that follow:—

The "forfaltoris, horningis," and all other penalties which either side has incurred by the pretended Parliaments, Acts of Council or other whatsoever on both parties shall be abolished, declared null, of no strength, force, or effect, and so to have been from the beginning, and void of all execution for any times "bygane" or to come.

All processes intended or declared before the Session or other Judges against those of this party since the beginning of the troubles shall be called back, "revisited," and restored to the same state they were in before the troubles began, and "siclyke" all sentences given by the pretended Session since the alteration thereof.

An order must be taken by the advice of the Secret Council touching the benefices and great wards and marriages that have "waked" since the beginning of the troubles, and the same to be disposed as the Council shall think expedient for the common weal.

The article touching the relief of the debt we have contracted may not be forgotten.

As soon as all the articles before mentioned are accorded or "condiscendit" upon in what terms they shall stand, we shall answer the first two articles directly.

2 pp. Indorsed: "7 Apr. 1572. Answer from the Castle to Articles delivered by us to them the vij^th of Aprill 1572."

Cott. Calig., C.III., fol. 306b.

Copy of the same.

239. Thomas Randolph and Drury to Hunsdon. [April 10.]

Having long time dealt between these two parties both in private conference and oft writings and messages sent to and fro, as well of their own as such as passed from themselves, and not finding any resolution like to grow thereof, to the end they might bring these matters to some resolution, they have left dealing with either party as before they used to do, and have presented unto them the full intention and advice of the Queen's majesty their mistress for the pacification of these troubles, as they received them in their instructions, adding unto them certain short articles, of which they send him a copy, needful to be considered in this cause of treaty. To these they attend the answers of either side, and by these they shall understand what is like to be the end of their travail, or at the least to be able certainly to judge who is most in fault.

The enmity between these two parties is so great that nothing is left undone of either side that may annoy each other. They of the Castle began with burning. The Regent, to keep the others from victuals, has placed certain horsemen and footmen in Craigmillar, "Readhawe," and Christorphin [Corstorphine], three miles distant from each other, and all within two miles of Edinburgh. They have broken down all the mills within four miles of the town—at least 30 or more. Proclamation is made that no man upon pain of death shall bring any victuals to them, and for the better assurance that none do repair to the town they have sent for 300 Highlandmen of the Earl of Argyll's and Clanarcher's country to place in villages and cottages about the town to spoil as many as come. The inhabitants of the Cannon Gate, under colour of victualling whom great store of provision came to the town, are clean put out of their houses, and forced to seek new places to dwell in. Divers horsemen of this town daily ride up and down to preserve the victuals from spoiling, and to take what they can from those of the town. By this means it is thought that both Castle and town shall shortly be brought to some extremity. The breaking of the mills has most annoyed them,—especially five or six that were under the shot of the Castle that were broken on Saturday last—in defence of which many of the town and Castle came forth. The artillery went fast off. The skirmish [was] very hot for a long time. Certain of the town and Castle [were] slain, [and] many hurt, being driven almost to the very walls of the Castle. The Regent had his page slain, and sundry soldiers hurt, but the enterprise [was] well executed that they took in hand. The chief undertaker was Lord Ruthven, the Regent, the Earl of Morton, and others with their forces standing in battle, if the enemy had further attempted. Hunsdon has heard before of an intention to have had Dumbarton betrayed. The practice being discovered, the danger is prevented. The Captain of Blackness is likely to break with Grange and that faction, and deals now with the Regent for allowance of the charge that he has been at in keeping of it, and offers assurance for the time to come. Lord Herries, according to his promise, will be here on Friday next, and yield his obedience to the King and Regent. Lord Maxwell is here, and will do the same. There has lately been a jar between Lord Seton and Grange, the cause being for the money that Seton received of the Duke of Alva, of which no part has come to the Queen's friends' use. It is thought that all is not spent, but that he has somewhat in store to serve himself. In the time of this controversy Lord Seton sent to the Regent desiring him to have leave to live quietly at home. If not, to go again away. If neither, that he might have leave to speak with himself. This was granted; but since that Grange and he are reconciled, and no further done.

As touching themselves, their lives were never so miserable, nor in such danger. They write it not upon vain fear nor without cause. As they may not write of the particulars themselves, so they doubt not but his lordship has heard them by others, wherefore they pray his lordship that they may, upon the next answer received from either party—which will be all that they can get here—have his letter for their return, if not wholly to be discharged, at least to go to Berwick, where they shall be able to do as much good as here.

Concerning the Earl of Northumberland, they have now dealt with the Laird of Lochleven, who is loth to deal otherwise with her majesty than may be most for her honour and his own credit, and, therefore best willing to stand unto her courtesy, but being driven by them to some certainty, 2000l. sterling is the least sum that he demands in respect of his charge and hindrance had in keeping of him,—the answer to be given within one month from the 8th instant. The answer not being given by that time, he desires to be at liberty to make his most profit with her majesty's favour. As for the delivery of him into her majesty's hands, the Regent, in respect of her favour towards this country, thinks it not to be refused. If this condition seems good to her majesty, he may be brought to the waterside from Lochleven, and conveyed by water to what place soever her majesty will have him—so secretly that few men shall be privy thereunto.

Have spoken with Lord Maxwell in such matters as were spoken of to them by Lord Burghley. Find that he has not dealt any long time with any of the Queen of England's rebels. Where Edward Dacres is, he knows not. He never supported him or his brother Leonard with money, or conveyed any to him, and promises never to do. The writings specified in Leonard Dacres' letter to Edward concern a private band that John Stone made to Lord Maxwell, which was never performed, nor any account to be made of them. The old man who is written of is one William Dacres, base brother to the old Lord Dacres, who always accompanies Edward, and is presently with him. As for such as Hunsdon wrote to them of, who were entertained within Cesford's charge on the Borders, his Lordship shall know shortly that they shall be removed—the sooner if he writes to Cesford's self hereof.

Divers of the Earl of Northumberland's servants who lately arrived here out of Flanders departed towards the Borders. Some are gone into England—as William Slingsbye. What mischief they work in their passage and traffic there, Hunsdon can well enough conceive. There were seven boats of corn that came from the north, and should have gone into Clydesdale, taken on the water. It is brought to this town, sold here to the merchants' use, and order taken that no more shall pass that way. The Earl of Huntly's brother is strong in the north. The Earl of Caithness has fought a battle against his son, taken him prisoner, and slain many of his partakers. A challenge between Gilbert Gray, son of Lord Gray, and Alexander Hume of Manderstone, they believe will not come to a combat. Thus his lordship is not ignorant of anything they know. Trust to write shortly of other matters. Pray him to write as soon as he can that no haste be made of "La Crocke's" coming or despatch hither, for they fear it will do no good. Inclose a letter for Lord Burghley. Leith. Signed: William Drury. Tho. Randolphe.

Postscript in Randolph's hand:—The soldiers in this town are paid for three months—one in money, one in cloth, and one their hosts answered for.

4 pp. Addressed. Indorsed (by Burghley's clerk).

Inclosure with the same:—

(Articles added to Drury's and Randolph's instructions.)

(1) Religion to stand in that state that presently it is within this realm, with free liberty for such to preach as are appointed, and that they at all times pray for the King's prosperous estate.

(2) That liberty of reproaching or "railinge upon eache other" be taken away, upon such pains as may be devised, as also writing of slanderous libels, books, or ballads.

(3) All men not offenders against the present authority, though they have not assisted to the King's cause, may be indifferently received under the King's protection.

(4) All men after the publication of the peace renounce all private bands and promises among themselves that are contrary to the common peace.

(5) All prisoners taken of either party who have already paid no ransom—their takers only to have their armour. They that have paid or agreed with their takers, to stand to their agreements.

(6) That all forts and "holdes" pertaining to the King in the hands of any man within this realm be delivered into the King's hands absolutely.

To the third article of our instractions these words are added,— "as many as will take a remission as others have done, in that case not to be refused."

¾ p. Indorsed (by Burghley's clerk): "x Apr. 1572"; and in another hand: "Articles added to the Instructions."

240. Maitland and Grange to Burghley. [April 11.]

We are earnestly pressed by her majesty's commissioners (besides many others) with two articles, the one touching the sovereignty, and the other the regiment of the realm; the form whereof (as they are conceived) is so prejudicial to us that if we once yield thereto we can neither live with reputation nor safety hereafter. We see no cause that should move her highness to burden us with things intolerable which may import our ruin, seeing that in all causes wherein she has private interest we are content to satisfy her as far forth as any other subjects of this realm. Seeing that those who deal with us either lack authority or goodwill to dispense with these points, or to moderate them, we are compelled to have recourse to your lordship, and to implore your aid. We pray your lordship that by your good means her majesty may be moved graciously to consider of our causes, and to make such an accord as may continue without the prejudice of either side. We have for this effect drawn a "plat" of that we may be brought to, which we have delivered to the Marshal of Berwick to be communicated to your lordship. We trust your lordship shall find it reasonable. If her majesty will allow of it and deal favourably with us, we will make an end, and so depend hereafter upon her majesty's goodwill. But in that case we will crave of your lordship that we may have your promise in particular, that besides her majesty's protection your lordship will have us and all the causes which privately concern us in special recommendation, and "hald hand" to us in all things that may touch us in particular for our weal, safety, and advancement, as persons towards whom it will please you to extend your private friendship. This request granted, your lordship shall have full power to direct us in anything concerning the amity of the two realms, the satisfaction of the Queen your mistress, or wherein we may do yourself pleasure or service. If this matter proceeds, we know what burden shall be laid on our shoulders in particular, and what private illwill we shall thereby procure to ourselves both of persons and countries, for the whole charge will lie on our necks. "It is therefore convenient that we be provided off private freindschip may contrepose the inimity we shall incur." We trust your lordship will deal friendly with us, keeping this our offer to yourself,—at least that it be not uttered in place where it may breed us harm. Edinburgh Castle. Signed: W. Maitland. W. Kyrkcaldy.

1 p. Addressed: "To oure wearry good Lord, my Lord Burghly." Indorsed (by Burghley's clerk).

241. Maitland and Grange to Drury. [April 11.]

"After oure hairtlye commendatiouns. Ze remembre in zour late conference with ws on Wednisday how far ze preassed ws in the hearing of the remanent, as at sundry tymes befoir baith by zour selff and others ze have done, as also in private communicatioun called to our remembrance our formar promises maid boith by wourd and wraitting. In which doing ze pairtlye chargeit ws as iff we meant only drift of tyme, withoute any intentioun to come to ane end, as we put yow in hope by our speaches we wold. How litill caus ze have so to think, ze may conceave by the anseris maid, which we trust ze can not bot fynd reasonable. We have allwayis lawbored to eschew one poynt, which is to lay our selffis open befoir we see what end we may have, and wer fully determyned to keape bak the uterance of our resolutioun till ze shold come nerrare to ws in the articles then yett ze have done. Nottheles truisting apoun your honesty and yat ze will so use the mater as our plannes with zow shall breade ws no prejudice, we ar content to deliver zow a plat of that whair onto we may be brocht in thend iff we be well used and favorably dealt withall, which ze sall receave heir with inclosed, whairby it may appeare, and we appeale to your awne judgement what gude will we beare to satisfye the Queen your maistres, to whome, iff we meant not well we wold follow ane other cours. Ze remembre what past betwene yow and ws towcheing the Lord Seatoun. We will desyre my Lord Hunsdone and yow to be mediatoris for our caus and to procure ws a favorable anser; to whome we have send a lettre declaring that by yow he shall ondirstand some pairt of our mynd, bot we require yat the whole be openned to no other saiffing to my Lord Burghley, and to yat effect to communicat these nottes to no other, bot only to him, by whose meanes we may know her majestes pleasour iff she be satisfyed thairwith (as thair is just caus, and we truist she shall), then shall we go throwgh accordinglye. Iff it fall oute other wyis (whairof we wold be sorry) at least we will require yat the nottes may be sauflye deliverit agane to our selffis withoute any openning to any other; whairapoun we do require your promeis. We truist ze will not forzett our suyte that one of ouris may speake the quene, which poynt importeth ws greatly for our honesteis caus, and can be no prejudice to your maistres. In cais ony thing be mislykit or thoght omitted oute of this plat that may concerne the Queen's majesty your soveraigne in particular, we pray yow that by yow we may ondirstand the same, and ze sall see how willing we ar to satisfye her majestes reasonable desyres in ony thing that may be her pleasour and not to great a disadwantage to ws." Edinburgh Castle. Signed: W. Maitland. W. Kyrkcaldy.

1 p. Addressed: "To the Ry^t wirshipfull Sir Williame Drury kny^t Marshaill off Barwick and commissioner for the Q. ma^ty off Engl." Indorsed by Drury.

Inclosure with the same:—

(The overture of them of the Castle.)

"A plat of that we may be broght onto touching the two first articles delivered to S^r William Druery kny^t Marschall of Barwick and one of the Q. of Engl. commissionars the xj of Aprill 1572."

We trust you find reasonable all our answers made to the whole articles which concern the particular controversies between party and party, and the private interest and surety of the subjects on both sides; wherein we doubt not but the Queen's majesty will well allow of the equity of our demands, which are grounded on reason and necessity. And yet we require nothing to be accorded to us but that whereof we are content the like be accorded to our adversaries, and so to do to them in all behalfs as we wish they should do to us. We assure ourselves her majesty will make all things to be accorded which may breed security to the parties, and quietness to the realm without the harm or prejudice of any man in particular. The greatest difficulty consists in two articles which touch the title to the crown, and administration of the authority; wherein is to be considered the "naturall" of this people, and custom of the country, in which the government is far different from the most part of all other kingdoms. "It is no small plague to any nation to have a babe to theyr Kyng," so that not without cause the prophets in the Scriptures threaten— "Wo to that people ower the which soche beare rule," but greater an hundred fold, and a more grievous scourge is it to this realme. In other countries where an uniform order is observed in the administration of justice, such as do not offend the laws can live safely. Histories are full of examples, and experience teaches us that amongst us in the minority of Princes, law hath never the full swing, so that it shall little or nothing avail a man to contain himself within the bounds of the law, and live justly, unless he be provided of some defence other than the ordinary protection of the law. The noblemen and others of authority and credit in their countries, when the Prince is young, commonly take the advantage of the time, and usurp a certain liberty to live as they list,—"yea rather a tyranny ower soche as dwell neare thame, not being equall to thame in powre, so that for the most part in ewery schyre ther is, as it wer, on, tuo, or a plurality of Kings. The people of it self is factious, private querels extend theyr bragges more large heare then in any other place of Chressenedome, so that the inimity contracted particularly betwene two persons doth reache immediatly to the whole kynreds, which is the more pernicious by reason of the greate clans and nombres of people which depend on the greatmen." These inconveniences make it hard enough for any man to live in surety in Scotland during the minority of a Prince. Yet men must take their advantage, and patiently bear the misery that is common to all, provided that he or they in whose hands the administration of the authority is, are equally disposed to do justice to all the subjects with indifference. But if the government is set up by faction, and so partially affected to one kind of men more than another, "soche dainger hings ower menis heads" through quarrels which may fall out between party and party (for every man hath some illwiller) that there can be no safety for the "remanent" to dwell in Scotland, but only for that faction that has the authority favourable. So that unless the regiment be equal for all parties the one must of necessity avoid the realm, or else "fecht" continually for their lives and lands etc. Our request is, therefore, that by her majesty's means a government may be established of six noblemen under the name of Governors, Regents, or any other name convenient, whereof three to be nominated by the one party and three by the other—persons of authority and credit, and capable of the charge—who shall be sworn to do justice equally to all persons. Under the shadow of these it is possible that both parties may live in equal surety.

This presupposed and accorded with the other articles, we will answer the first article touching the crown as follows. First;—we protest that, with the Queen your sovereign's favour, we may continue our devotion and goodwill to the Queen our mistress according to our duty and obligation, which we owe for her favour and benefits liberally bestowed upon us in time of her prosperity, which if we should altogether forget now in her adversity we might worthily be judged "ingrate." This continuance of our goodwill shall not be prejudicial to her majesty's intention and quietness of both the realms. We wish with all our hearts that the two Queens had continued in such firm amity and good intelligence as sometimes has been. Since it was once shaken, we wish that our mistress had so far referred to yours and depended on her friendship that the former kindness might have been re-established. We wish that yet it may please God to move both their hearts to come to such an accord that, all former quarrels set aside, your mistress may be content to take ours into her protection, and wholly bind her to herself. But seeing the Queen your sovereign (to our great regret) has not yet come to these friendly terms with her, but on the contrary is persuaded that she has just cause to mislike of her, and altogether to hinder her advancement, and thereupon has taken occasion to utter unto us both by writings and special messages that she will take upon her the protection of her son under the name of King, and to reduce by force to his obedience all such as do not willingly yield, we will go as far to satisfy her majesty as in honour or conscience we can; whereby she shall have full experience what reverence we bear to her highness, and how desirous we are to purchase her majesty's good favour, or rather to recover the good opinion which sometimes it pleased her to have of us. We still hope that things which are now far out of joint shall with time be redressed etc. Till that time comes we will conform ourselves for her pleasure, and promise that in the mean season we shall not repine against the State which it pleases her majesty to take into her protection, but shall yield full obedience thereto, whereby the State may be "uneforme," and the realm live in quietness without mention of different authorities. Whatsoever we speak for ourselves, we speak for this whole party, whom we trust to find comformable to all things we shall yield unto.

The point of the article which requires our affirmation by oath and subscription, we desire to be qualified, for it is hard to press men to swear or write directly against their conscience. The substance and effect of the article shall be yielded unto, to wit, for her majesty's pleasure, and common peace to be in the realm, during all the time that it shall please her to detain the Queen, full obedience shall be yielded to the King without question or contradiction. We will also promise—as far as the subjects of another nation can—to be at her majesty's devotion, and make assurance to keep as good a part to the Queen of England as any others of this realm shall, in all things that may conserve the amity between the two realms, and keep strange forces from setting foot on land in this realm to the annoyance of her realm or State. In this behalf no other shall make better assurance than we.

It may be we have not "laked" persuasions and "entisements" to the contrary, "and that some others being in our place wold have geaven care to motions which have bene made to an other end." Yea, we may boldly affirm that if we had more respected our own private commodity than the satisfaction of her majesty we would have followed another course far different from this. But hoping to hear her majesty favourable and beneficial, we will wholly cast ourselves into her hands, with this provision—that we may have her majesty's special protection in particular for us, our lives, lands, possessions, offices, friends, and all that depend upon us to be under her safeguard and maintenance.

3¹/8 pp. In a Scottish hand. Indorsed: "xj Apr. 1572. The overture of them of y^e Castell."

Another copy of the same without the heading.

4 pp. Indorsed (by Burghley's clerk): "17 Apr. 1572. The demands of the Castellans."

242. Drury to Burghley. [April 13.]

Having for some of my own private causes to send up this bearer, my servant, I hastened the same that these inclosed, which I have received from the Castle, might the sooner and safer come to your hands. Withal I am earnestly required that they may be only known to yourself, and not sent into France to their disadvantage as other like overtures they have made have been, whereby James Kirkcaldy with others travailing there for them have not only been the worse heard, but also charged that they have committed their cause to the Queen of England, and she to be the conservatrix of them—at whose hands let them seek their relief. They require your lordship most effectuously that this their offer and overture may be kept and used to your lordship's self. They would have been glad to have received from France of their Queen's dowry for their relief, being, so they affirm, greatly in debt for the provision to maintain the men of war; from whence, if they receive not according to their expectation, and as they have been promised if they fully satisfy the Queen's majesty's desire, as they say, they will do their best, then some other way must be devised for their relief, else shall they be in worse case than they think either your sovereign or your lordship would have them. They have been earnestly pressed by Lord Seton to run the course of Flanders, though, as I take it, the instructions he brought from the Duke of Alva were chiefly sent to the Earl of Huntly and Lethington, and to be kept from Grange, yet notwithstanding he got knowledge thereof; with whom, as also with Lethington, I have dealt to stay that course, and have received their assured promises that they will not yield thereunto if without their utter wreck they may shun the same. I have also, by all the good means I could, travailed with them to draw them to this accord. Two of their company they find will by no means be drawn to the same—the Duke and Lord Seton. The Duke they will deal with to leave the country,—his friends and servants to enjoy their livings, obeying the King. He will spend his time where the Queen's majesty shall appoint or like of, yea, if she please in England. Lord Seton will by some of his friends procure licence of the Regent to have liberty to travel abroad for two or three years, and his friends and servants, in like manner obeying the King, to enjoy his or their livings. Hereby he thinks to keep his credit with his Queen, and be welcome to the Duke of Alva, the Pope, and all that pack and faction. He is altogether an enemy to this accord, protesting that he will not in any way concur or agree to anything wherein the Queen's majesty my sovereign is or shall be a doer. He has offered to Lethington, Grange, and the rest to hinder this accord, to return again to the Duke of Alva, and from thence to the Pope, and has now yielded to deliver to them 2500 crowns, which serve them to pay their soldiers a month's pay. The holding back of money from them, which he received to their use—which reaches to a greater sum— part whereof, yea not the least part, he has vainly and about himself consumed, bred the unkindness which we advertised my lord Hunsdon of, between him and Grange, but they are now reconciled, and he [has] a place amongst them in council, which heretofore he used not. It seems he intended at his departure from Flanders to return again thither. He left his apparel, servants, and money behind him. It seems by his speech that Sir Francis Englefield was a great doer in those articles that he brought hither from the Duke of Alva. There is a Scotsman, whose name is George Akette [Hackett], conservator of the Scottish house of Camphyer [Campveer], who is a great dealer with the Duke of Alva, and has great credit with him. The Captain of Blackness determined to have sent his two sons to Edinburgh Castle to be pledges for his performing of covenants, but now hath made demonstration whose he is. He has received 20 of the soldiers of Edinburgh for the better guard of his castle. These noblemen following have convened at St. Johnstone's,—the Earls of Argyll, Athol, and Montrose, Lords Ruthven and Drummond, the Master of Argyll, and Lord Tullibardine. The outward cause thereof seemed to be to procure the old Lady Drummond to deal more liberally with her son Lord Drummond, who has married one of the Countess of Crawford's daughters, but the inward interest was to knit themselves together in a more sure league and band in friendship, and the same to be confirmed by hands and seals, which being at a very near point broke off for a private [quarrel] between the Earls of Argyll and Athol about some duties and profits growing from the bishopric of Dunkeld, which the Earl of Argyll now has the gift of, Athol not willing to leave such benefice that he hath (at his own hands) heretofore received, being within his bounds.

There is one George Pryngle, son of Sandie Pryngle, dwelling near Newcastle, here at present, who was servant to the Earl of Northumberland. He is now ready to pass with the first wind into Flanders. He offers and promises to do any good he can in revealing the secrets that he can come by of any of the Queen's majesty's rebels there, and he believes to understand as much as they mind or intend. I have appointed with him, if he can meet with any matter worthy either to bring or send it to your lordship. I send you herewith a cipher he left with me. If he sends, his messenger will be known by offering his left thumb and ruff (rooff) of his shirt wrist. He has assured me he will come or send to you if any matter of importance comes to his knowledge. Even now it is come to me that the crowns that Lord Seton meant to have delivered to them of the Castle are taken here in Leith with some more he minded to reserve unto himself, and this much further I understand of his intention. He intends to make fair with the Regent to procure licence to depart and enjoy his living, with alleging unto him that he leaves them of the Castle as misliking their dangers,—making them privy thereunto,—and seeks earnestly at their hands to have a commission to the Duke of Alva and the Pope, which he cannot obtain, as I am promised he shall not. Then will he feign one as coming from them. He vows himself a Papist for his life. I am promised to be made acquainted with the time and manner of his departure, and to have him taken, if the Queen's majesty so pleases. He is vain and wilful, and to his power as great an enemy as any her majesty hath in Scotland. Thus have I signified to your lordship such matters as are come to my knowledge, committing them to your wisdom to be used. It may concern me to have them known but to your lordship, coming from me in this manner.

I have the inkling of another matter of no small importance, which, immediately after getting the certainty of, I will advertise you. As I can perceive by them of the Castle they are lother to agree to the first two articles, not knowing how their surety shall be provided for, and if they should agree to them and not be satisfied in the rest, then they say they should be burdened that not for the general, but for their private [weal] they broke off. Leith. Signed: William Drury.

6 pp. Holograph, also address. Indorsed (by Burghley's clerk): "13 April 1572. S^r W^m Drury to my L. from Lieth, of y^e Affaires there; the inclination of y^e Castellans to yeld; y^e L. Setons meaning to depart; lykwise of y^e Duk Hamilton. w^t a coppy of a Ciphre. y^e Erl of Northumb. man Georg Pringle."

243. Mons. Le Croc's Instructions. [April 14.]

"Alteration of the 6^th Article in Mons^r de Crocqus Instructions." Forasmuch as it is not unknown that the nobility and States of the Scotland who adhere to the Prince acknowledge him as their King, and that he has been crowned etc., therefore to cease the civil wars the said ambassadors shall exhort those who do not acknowledge the Prince as King in facto, to submit themselves to obey the said Prince, whom they cannot deny but to be the natural Prince in such manner as is recognised by the laws of the realm and by sundry Parliaments, and so to continue in quietness, and live in unity and peace under that crown as becomes obedient subjects at this time.

1¼ pp. Draft in the hand of Burghley's clerk. Many alterations in Burghley's hand. Indorsed by Burghley: "Mons. Le Crocque. 14 Aprill 1572. Not lyked by y^e Q. Ma^ty."

Copy of the same, with alterations in Burghley's hand.

1 p. Indorsed (by Burghley's clerk): "14 Apr. 1572, the 5 Article of S de Crocqus Instructions altered."

244. Hunsdon to Burghley. [April 14.]

Sends herewith a letter which he has received from the Castilians, by which he shall see whether he wrote truly to him when he wrote that Master Randolph's cunning would do little good in this service. It appears that they have now laid themselves open to Mr. Marshal, to be declared only to him [Hunsdon], which he perceives by him he is loth to commit to writing, but has requested him to send Captain Yaksley to him, upon whose return he shall know their full resolution, which he will send up with speed. Sends this meanwhile, because there yet rests some hope of bringing them to accord, if the lack be not in the King's side, as he has long feared, and doth yet; for surely he rests yet of opinion that the King's side will not either make restitution of their goods, or give over such offices and other benefits as they now enjoy; and therefore her majesty must write earnestly to the Regent that if the Castilians will yield to the King's obedience and acknowledge the Regent's government they may likewise have restitution of their livings and goods, and security of their lives. If the King's side will be brought to grant to that which her majesty must press them unto, there is great likelihood of agreement. Thus his lordship sees that they will not willingly deal with Mr. Randolph, and therefore he sees not but he may be sent for back again. Hopes to hear shortly of his recovery. Berwick. Signed: Hunsdon.

1 p. Holograph. Addressed. Indorsed (by Burghley's clerk).

Inclosure with the same:—

(Maitland and Grange to Hunsdon.)

"After our hartye commendations to your good lordship." Within short time after your lordship began to deal with us, we declared to your lordship by our letters that it was not convenient for us to lay ourselves open to utter our whole meaning in the beginning of a treaty, and till we might see some likelihood of obtaining a good and favourable end. We have as yet no great cause given us to change this our former deliberation, for little or nothing has as yet been spoken to us whereby we may conceive any hope of obtaining an end advantageous or tolerable for us. Yet, lest it may appear that we delight in the protracting of time, we can be well content to deal with your lordship and the Marshal of Berwick in the very inward of our matters, provided they be secretly used, as is convenient. For, to be plain with your lordship, we like not that Mr. Randolph be made privy to our intention, with whom—although we have been long acquainted—yet we take him to be more passioned in these matters, and addicted to the adverse faction, than reason would, or the Queen his mistress' service requires. Your lordship we know to be a nobleman, and one who will not be led by the affections of other men further than is convenient for the Queen's service. We have found as yet no other but honourable and upright dealing, and therefore trust always to find the continuance thereof. As to Mr. Marshal, he is well acquainted with our cause, and hath by commandment long dealt therein. We have seen in his doings nothing but sincere and true meaning towards his country, and yet his behaviour toward us [is] always honest and indifferent, so that we cannot charge him with any partial dealing, but take him to be void of all private passions further than imports the service of his country and may further his [sic] majesty's intention. This moves us that we can best be content to deal squarely with you two, and to lay ourselves open before you. By Mr. Marshal your lordship will understand our whole mind, to whom we have opened it at length. We pray your lordship that by your favourable report and good means we may obtain her majesty's gracious answer, seeing we are content to yield to all things wherein her highness has any private interest. Edinburgh Castle, 11th of April 1572. Signed: W. Maitland. W. Kyrkcaldy.

1 p. Addressed. Indorsed (by Burghley's clerk).

245. Shrewsbury to Burghley. [April 15.] C.P., Vol. VIII.

I am, my very good lord, right heartily glad of your so well recovered health from the extremity of your sickness, praying you I may sometimes be advertised thereof as your leisure serves, for truly the same shall content me as your assured friend. I have, according to your letters, written to my Lord Scrope what is confessed against "Robbe Gryme of the Falde" and "Haltenge" Wyllson, as by certain notes he inclosed your lordship may partly understand, which, I think, being well examined may bring forth further matter.

Besides that I certified to your lordship by examination, it is further testified that Lodar, this Queen's man, being sent this last summer by the Duke of Hamilton and others of Scotland with letters to her, and laid for on the frontiers, came to the house of "Robbe" Grymes, and there was kept by Grymes secretly for eight days, and then Grymes sent his man with him to be his guide, so I think was apprehended by the way. And further, whereas one Base, a footboy, was sent by Lady Livingston with letters out of Scotland to this Queen, and having letters from the said lady to the said Gryme requiring him to see the bearer thereof conveyed past Carlisle, the boy lying in his house two nights, and in the chamber of the said Grymes together with the said Wylson, the said Grymes and Wylson advised the foot-boy to change his clothes and put on worse lest he were searched: and Wylson is known to have been a common carrier of letters to and from this Queen all the last summer. I have also sent my Lord Scrope all such further matter at length as was con tained in the former examinations. Sheffield Castle. Signed: G. Shrewsbury.

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

246. Elizabeth to Hunsdon. [April 16.]

Whereas by his last letters it appears that he somewhat doubts that the parties in Scotland will come to accord, whereby the abode of the Marshal and Randolph is to no purpose, she thinks it good that if by their next advertisement it shall appear to him that the accord will not take place, he shall in her name revoke them both to Berwick, there to tarry until she shall otherwise order. As for the Earl of Northumberland to be delivered to her upon a sum of money, being 2000l., she can be well content to make payment of so much money, but will have him to cause the appointment to be made how and where he may be delivered in custody that he may be brought to his charge, and upon answer the money shall be paid. Dispenses with him to be absent at this time of St. George's day.

²/3 p. In Burghley's hand. Indorsed (by Burghley's clerk): "16 Aprilis 1572. Cop. from the Q. Ma^ty to the L. of Hunsdon."

247. Noblemen come to the King's Obedience. [April 17.]

Argile, Cassels, Eglinton, Craiforde, Boide, Maxwell, St. Cosme—restored all by remission. Huntlie "gone backe after he had sworne subscribed and geven pledges." Sir James Balfour [Balfour] did the same, and are both in the Castle now against him. "Liddington and Grange were the principall ministers in deprivinge of the Queen and setting up the King, beinge nowe the chiefeste dealers against him." The Duke never acknowledged the King's authority.

½ p. Indorsed by Randolph: "Noble men come to the Kings obediens"; and by (Burghley's clerk): "17 Aprill 1572."

248. Thomas Randolph and Drury to the Lords of Edinburgh Castle. [April 17.]

[At the head, in Randolph's hand]: "Replie to the answers of the Castle delivered unto us the 9 of Aprill, retorned to them the 15, and yet unanswered."

Have received their answer touching the articles given by them on the 7th instant, and find by them that they will stand resolute to give no answer to the first two points propounded to them for their obedience to the King and allowance of the Regent's authority before they be satisfied in their demands.

(1) and (2)—Have said at the first and many times since that it they refuse these first two articles they can deal with them no further, nor give them answer to their demands, nor assurance of that which they look for. If this be their full resolution they may also take this for their full answer, but trusting that they will shortly be better advised, they thought good to say somewhat unto the rest. (3) Are glad that they allow so well of the religion, but how the laws of Scotland or order of the Church will allow to alter any part of that, that is confirmed by Parliament, or make it agreeable to the order of other realms, they know not. This may be considered of etc. (4) It is easier to obtain a remission and to have the same confirmed by Parliament, than to disannul any Parliament, or to annihilate by Parliament all offences done. Others of the nobility—no fewer in number than themselves—have received remissions whereby they enjoy as much as they in reason could demand. To take away the clause contained in the parenthesis imports rather an allowance of offences, than a desire to punish so grievous crimes as are excepted. Though the parties have fled who slew the Earl of Murray, it is known who were of counsel, who allowed it, and who were "arte and parte." As for the last Regent, it is known that he was slain after he was taken in an unlawful war of their part, contrary to promise, against Wormeston's will (who was his taker), and determination made of his slaughter, and commandment given to slay him after he was taken, as appears by the confession of those who were the murderers. As they meddle not in the cause of those who perpetrated the King's murder—called by them the Queen's husband though proclaimed King by her, and so allowed of by the greater part of them —they accuse no man whatsoever thereof. (5) and (6) If the first two articles were agreed upon they might the sooner resolve upon these. If every man has his room there can be no cause for either to complain. (7) Somewhat more may be added,—not to be refused as to have such libels and books answered as are slanderous and false. (8) How little reason soever they find in this, those who devise it lack neither wit nor reason. (9) The refusal of the first two articles is cause that neither can these be extended, nor other things granted that may be to their reasonable satisfaction. (10) Having other things granted, would do their best to have this performed. (11) Somewhat more may be added. (12) and (13) The causes may be more than they know that may move the Regent to have the placing of those whom he thinks fitted in the strengths belonging to the King. If the effect of the 13th article is so ridiculous as they term it, small wisdom is in those who devised it, little knowledge in him who penned it, less reverence given unto her who gave them authority to propound it. (14) Trust the Regent and Lords will not disallow of it. (15) and (16) As they mislike not the substance of these, would be glad that they might descend into the particularities of them to have a conclusion or resolution upon them.

For answer to those articles that they say must be added, this they say. (1, 2, 3) How these stand in law, they know not, but mind to take advice. Are mindful how their debt may be paid, but know not which way or by whom, and having demanded the question of themselves have gotten no direct answer. As soon as they have directly answered what they will do for their obedience to the King and Regent, they shall receive their opinions what they think reasonable for either party to be done.

"The Copie of a lettre sent with the Articles to the L. Liddington the 17^th of Aprill 1572."

We send your lordship these inclosed to be considered of, and desire to know your opinion concerning them, with resolution what you mind to do for the first two points, which being yielded unto by you, less difficulty will be made in performance of so much as you desire, standing with reason and your surety, whereof, because neither party can indifferently judge, we wish (and trust that you will also like of the same) that the whole cause may be referred by you both unto the Queen our sovereign's determination, seeing that you both allowed that her majesty shall be compounder of the peace, mediatrix, and conservatrix of the same. We desire their lordships answer with such convenient time as they may, to be the sooner at the end we desire. God be with your lordship. Leith.

3⅓ pp. Indorsed: "Of the 7 of Aprill. Copie of a Repley to the Answers delivered by us the 9^th Aprill 1572 from the Lords of the Castill and towne of Ed. and da. the 17^th of the same, with a lettre to the L. Lidd. annixid."

Cott. Calig., C.III., fol. 305.

Copy of the same.

249. Hunsdon to Elizabeth. [April 18.]

As he has heretofore been of opinion that these controversies of Scotland would not be compounded by treaty, so sufficient matter falls out daily to confirm the same. For, as nothing is left undone on either side to annoy or prejudice their contrary either by fire or sword, so do their daily doings breed greater hatred, and so any peace the harder to be made. On Wednesday last, the 16th, there was a very hot skirmish between them, in which four horsemen of the Castle happened to be taken, who were immediately hanged. They of the Castle, for revenge thereof, after dinner hanged five of the other side who had been taken long before, whereof one was a Douglas, and servant to the Earl of Morton. Thus her majesty may see what likelihood there is of agreement. Her majesty's commissioners finding their being there furthers the cause they went for nothing, and seeing small likelihood of doing any good between them, and being desirous to confer with him in those matters, have earnestly requested him that they may speak with him, wherefore he means to send for them to-morrow. Prays God she shall have cause to think it well bestowed what she has done for them. Fears she shall find them all Scots. Berwick. Signed: H. Hunsdon.

¾ p. Holograph, also address: "To the Q. moste excellente Ma^ti." Indorsed (by Burghley's clerk). Wafer signet—a horse's head with bridle within the Garter.

250. Hunsdon to Burghley. [April 18.]

Looks daily for answer of his letters both of the 10th and 12th, and, according to his last, sends herewith certain notes sent from the Castle to be considered of, as shall be thought convenient. Send also Drury's and Randolph's letter, by which he will see what likelihood there is of accord, and a note of certain substantial points of Lord Seton's negotiations with the Duke of Alva at his last audience. In his opinion the ending of these controversies will never be by treaty, and the lack is rather on the King's side than the other, for their desire is only to bring the Castilians to appointment by force, and not by treaty, not being minded to part from anything they have gotten, nor to restore anything they possess. The earnest request of Mr. Marshal and Mr. Randolph for return is not without great cause, for besides the great words of reproach that are given them on both sides, and slanderous speeches used of them, on Monday last, Mr. Marshal walking with Archibald Douglas and Captain Kennyngham [Cunningham] was dribbed (fn. 5) at with two harquebuses, which missed him very narrowly, and complaining thereof received a slender answer, and therefore he sends for them to-morrow. At the delivery of the 1000l. which he sent thither, they made as great account of it, as if they had received as many pence, and seemed to take it in scorn to have so little, and think that her majesty deals not well with them that she has not subdued their adversaries by force, and hardly acknowledge any benefit they have received at her hand. Doubts much whether her majesty shall have any cause at their hands to think what she has done for them to be well bestowed or not, for if they want any part of their wills they are the ungratefullest people of the world. For revenge of the hanging of the four who were taken in the skirmish whereof Mr. Marshal and Mr. Randolph write,—two whereof were Lord Hume's men,—the Castilians presently hanged five of them of Leith who were taken long before, so that there are no prisoners to be taken on either side henceforth—but mortal wars. Surely as they entered into these outrages presently upon Mr. Marshal and Mr. Randolph beginning to treat with them, so, in his opinion, if her majesty let them alone they would sooner agree. For aught he can hear, the King's side hearken as much or more for La Croke's coming as the others. What their meaning is, he knows not, but it is very suspicious. Lord Seton means to return into Flanders with answer of his negotiation, but he may perhaps visit Berwick first against his will, "or eles I shall want myne,"—it was in a good forwardness, and may so hap if it be lucky. It seems by the Duke of Alva's articles to Lord Seton that he has a further meaning than to land in Scotland, and then of necessity it must be hither, which surely if it comes to that pass it must only be defended with men, but the best is that it cannot be done so suddenly but there will be knowledge of it. Has received his writ for the Parliament. Signed: Hunsdon.

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

First inclosure with the same:—

(Drury and Randolph to Hunsdon.)

As in our last letter to your lordship we made some mention of our desire to repair to Berwick, where we might have full conference with your lordship, so finding daily more and more occasion to desire the same upon so many accidents as fall out contrary to our expectation and that which we hoped for in this our negotiation, we pray your lordship that upon good cause moving us—as you shall know by this bearer Captain Yaxley—that we may be licensed to return, not doubting but we shall do as much good with your lordship—or rather more—for the appeasing of these troubles than we can do in the place where we are, although we will not say absolutely that we can do no more good here, or that the cause is desperate, but are assuredly persuaded that the sooner we depart from hence the sooner and more willingly that will be yielded to which now seems to be fullest of difficulty, not denying but great reasons may be alleged of either party in their doings, the one standing in terms of safety of their lives, lands, goods, and all that they have; the other standing to defend the authority and right of the King. By such writings as we mind shortly to send to your lordship from both the parties,—answers to the articles given in by us to them both,—it will soon be judged which party has most reason for them, and they both having chosen her majesty to be mediatrix and conservatrix of the peace, we trust that it may be brought to that pass that her authority may strike the stroke berween them, and your lordship being a dealer herein for the ending of the same, and especially for the concluding of that point which is of most moment for our State and country, and chiefly desired by her majesty,—to have a perpetual league and firm amity with this realm, as by the last article of our instructions your lordship may well perceive, we trust some good effect will ensue thereof, though to this article both the parties seem in general to yield. Yet, being a matter of such consequence, we know not what they will require, and [there are] many things on our part to be considered of that demand no small advice. By our coming to your lordship some of both the parties may be trained from hence to go to Berwick sufficiently instructed to deal in all causes, and so to take that end that is to be wished for in that which may best content her majesty and be most desired of themselves if they love either God or their country. We have written somewhat the more of this matter to the end that your lordship might see some reasons, and though there are other causes why we so instantly desire to have your letters of revocation, minding to tarry here no longer than the next day after the receipt of them—preparing ourselves in the meantime to return—and thereof desire your answer by this bearer, whom also please to credit etc. We think it also convenient that you should be particularly informed of some occurrences.

On Monday night the 14th instant Mr. Archibald Dowglas was sent for by the Regent after 10 o'clock, and charged that he was privy to a letter written out of Flanders to the Laird of Liddington by Mr. George Hacket, conservator of the Scottish privileges in Campher. The effect of this letter is that Lord Seton, being in Flanders, had delivered 1000 crowns to the skipper of a ship of Leith, which he thought good to advertise the Laird of Liddington of, lest Lord Seton should otherwise use them than to the end they were sent. There were also behind in Flanders 6000 more to be sent into Scotland to Mr. Archibald Douglas upon the sight of the Queen of Scots' letter. This letter being written in cipher to Liddington and secretly laid up in the ship in which it is said the 1000 crowns should be, and Mr. Archibald named in the same letter, suspicion is gathered that he has intelligence with Lord Seton, and is privy to the conveyance of this money out of the ship to him, or to them of the Castle. There are also found in his chamber divers letters in cipher, as one of Verac's, one of Grange's, and letters of the Earl of Huntly and other enemies to the King. Divers other bruits run upon his doings and practices—both uncertain and, as we trust, untrue. Upon this apprehension a bruit arose that night that the Earl of Morton should have been slain. Mr. Archibald shall be examined this day.

That your lordship may know that the men of either party lie not idle, this gentleman can testify what a skirmish he saw yesterday, how many men there were upon the fields, and what a charge he saw given by the horsemen of this town upon those of Edinburgh—full of courage and will to be revenged of their enemies. They took four horsemen, of which three were Borderers, and the fourth was born in the March—but for company hanged up together yesterday. They were the first that we hear of that have suffered since we came into this country. There are also many prisoners, dwellers, and soldiers taken by those of the Castle at other times, (fn. 6) and, as we believe, we shall shortly hear of their end in the like sort, for it has been oft avowed that if any were hanged of this side, as many should suffer upon the other. (The same day the Castilians hanged 5 of the others, whereof one was a Douglas.) (fn. 7) Thus your lordship sees the good likelihood of a quiet world among them, and what we have profited since our coming here. How many mills were destroyed that served the town of Edinburgh, your lordship has heard by our former letter. The town being willing to have requited somewhat the displeasure thereof issued out late on Tuesday night and thought to have done the like to some mills at Leith not far from the walls, but being discovered by the watch gave over their enterprise, and for haste left their great iron mall and a spar or two behind them. Blackness is clean revolted from the Regent, notwithstanding offer of communication, and joined with the Castle of Edinburgh. "Gibbie" [Gilbert] Balfour, brother of Sir James Balfour, with 20 harquebusiers is admitted into it by the Captain. The house of "Bortie" [Broughty] is delivered by Lord Gray willingly into the hands of the Regent, and the custody thereof given to the Earl of Buchan to the King's use. Thus your lordship knows all our news and all that we can write, saving this request lately made to us, that forasmuch as Lord Flemming, Mr. Thomas Flemming, and Mr. James Kirkcaldy are to come out of France, and daily looked for, and perchance may arrive in England as Lord Seton did, that order may be taken to stay them in case they come. Lord Fleming may be known by the paleness and leanness of his face—his nose somewhat flat; Mr. Thomas black-bearded and very red-faced; Mr. James tall, black, and somewhat stump-footed. Leith, 17th of April 1572. Signed: William Drury. Tho. Randolphe.

3½ pp. Addressed. Indorsed (by Burghley's clerk).

Second inclosure:—

(Lord Seton's negotiations with the Duke of Alva.)

"The extracte of the substantiall pointes of the L. Seyton his negotiatyone with the Duke Dalve at his laste awdyense."

That the Duke was well satisfied with his answer to the articles propounded before concerning the religion. The King his master or his excellency would not further press the people of Scotland in that point, but only that the born subjects of the realm, being Catholics, should not be thralled in their conscience nor compelled by force to receive the contrary religion, and so might have liberty of conscience, as also his mistress' subjects arriving in the realm should not be disturbed in the free exercise of their own religion. He found himself well satisfied with the overtures propounded to him touching the ports and landing places whereof he had found means to recover the "plattes," and already found the deepness, and caused the commodities and incommodities of the issue and entry of every of them to be particularly considered, but "oppened" that he would not dissemble with Lord Seton, desiring that he would not take it in evil part, and such like that it was not misliked of the nobility in Scotland, because it was of necessity to be required, and might not be "pretermyted." It behoved him as soon as his master's forces were set on land in Scotland to entrench and fortify one or two of the said places and principal ports—such as might best serve the turn and be put in reasonable defence with least charges and small time, to the end that they may as well serve for the safety of their ships and vessels as for a sure retreat for their men of war, and for a magazine to place their ordnance in —artillery, powder, arms, victuals, and all munition necessary for the wars. "Allwaies for so mykell his disseyngment was not to incroach appon the realme of Scotland to appropryat to him selfe any parsell of grownd within the same, or to contynewe longe in the possestyon of any hould or strang place therof, but only to serve his presennt torne for furtherance of his purpose intended which was directed to a further end, and in anothere place he would assure the nobyllitie of Scotland in forme requysett and convenyent that he should no longere with hold the said portes or places so to be fortyfyed by him then the necessytie of his present exployt shall require, but shall leave the same voyde againe as he fownde them, and free of all his forces, and eythere dymolysch the fortyfications againe at his owne chargis, or leave it to be occupied by the borne people of the land at their pleasure."

Touching the "furnytuer" of the victuals, he desired that order be given for the provision thereof beforehand, and that they be in readiness at the arriving of the forces, that no such store can be transported in the navy as will serve the forces any time after they are set on land. Lord Seton must procure a letter signed and sealed by the principals of the nobility professing [the Queen of Scots'] obedience, containing their ratification of articles treated only by him in their names, and that his excellency may with speed be advertised what number of other noblemen of the realm will join with the King their master's forces as soon as they are on land and masters of the field, whose subscriptions he will not press before that time, yet in the meantime he would be glad to know what principal men's assistance he may look for. Lord Seton shall assure as many of the favourers as were recommended by her special letters, and whose names were mentioned in the letters that they shall be particularly considered and fully satisfied touching the pensions required for them, they making a "resyproque" assurance for keeping a true and constant part towards his catholic majesty.

1²/3 pp. In a Scottish hand. Indorsed by Hunsdon: "Serten poyntes of the L. Setons negocyacyon with the Duke Dalvae." And by Burghley: "Sent from y^e L. Hunsdon y^e 18 of Aprill 1572."

Cott. Calig., C.III., fol. 312.

Copy of the same.

251. Earldom of Lennox. [April 18.]

Grant by James VI. to Lord Charles Stewart and his heirs of the earldom of Lennox and shrievalty of Dumbarton. Leith.

2½ pp. Latin.

252. Walsingham to Thomas Randolph. [April 19.] Add. MSS. 33,531, fol. 107

My good uncle; you know that great personages do not commonly write l[etters] with their own hands unto meaner of state; but do so use therein the help of their secretaries; and therefore you must be contented (considering the diversity of our callings) to accept these lines—though not written with mine own hand—in good part.

I received the 8th of April a great bundle of letters from you— some directed to me—some to our friend Mr. Henry Killigre—by the [which] I perceive that you, my Lord, and Commissioners, find the "b . . . . . . (fn. 8) ther wheare youe are very hard, whatsoever the end will growe to." I hope when they shall understand Croque's commission —which tendeth to union and not to maintenance of any party— they of the Castle will wax better advised (notwithstanding the comfort that lately the Lord Seaton hath put them in: for that Lethington's experience—by whom they are chiefly governed—can tell them that the Spaniards are in promise large, and "give out great fame of preparation of aid, though the effect be both small and slowe, and for the moste parte fall out onely to be but wordes and abuse."

The fear of Spain's footing there with you makes the King here more temperate "in solliciting the Queen of Scottes causes"; and if it were not for the doubt that he is put in by his ambassador there in England, "that she is leeke one day to injoye the Crowne of England in respect of her tytle," the great party she hath there, and the Queen our mistress' irresolutions in doing of justice, he would then yield to anything that might be for the Queen's . . . . . and though it touched that good Lady so near as her life. But the fear of that—whereby she attaining to the Crown—there may ensue an uniting of England and Scotland in amity with Spain (a thing that to him might grow very "prejudiciable") make him use some show of favour towards her, lest otherwise she might think herself quite . . . doned of him. When we tell him that the Queen our mistress means to do justice "on" her —forced to the same for her own safety, he then tells us, that the Queen our mistress "is to mercyfull a Princes to shed the bloud of so neare a kynswoman as she is." But that is rather spoken "ironice" than otherwise. "And therefore if her ma^ty would doe that both reason and justice requireth, they would not inwardly be miscontented —what outward show soever they make."

If by your means . . . "travayle," they of the country may be induced generally to agree to the present government of the King, I think you shall have Croque give his consent thereto, though his commission seem not to be absolute in that behalf.

The King only "stycketh" upon this point;—"That yt is not fitt— neither for him, nor for her Ma to give lawe unto Scotland," but that it is their part only "to mayntayne that government, that emongst themselves shalbe agreed on." Besides I think that Le Croque shall have commission to persuade them, that—seeing the Queen of Scots is absent, and that there is no hope of her deliverance—therefore, in reason, the government pertaineth to the King. Which thing, if they that be passionate will wilfully withstand, then to show them that both their majesties, for the preservation of that realm from utter ruin, shall be constrained by force to cause them to yield thereto. To this effect I know he hath commission—which is somewhat nicely made— because the King would be loth to seem to confirm the present government in Scotland, otherwise than drawn thereto by their own choice and election, lest it might seem that he did allow of the Queen's deprivation, which for his honour's sake, or rather for the doubt above written, he must in no case make any show to agree to. Thus far for your Scottish matters. Saving that I hope Lord Fleming shall not disquiet you if "Princes promises may stand for payement." For other news I refer you to these "[en]closed occurrences." Commend me to my brother, your colleague, to whom I write not, for that I mean that this shall serve you both. Blois. Signed: Fra. Walsyngham.

Postcript.—The 20th of this month there came the inclosed advertisement from the King's agent in Flanders; by the which you may guess what quietness is "leek" to be there this summer. By my next you shall hear more which will "rather leeke [like] your lordship ther then Lyddyngton." The Duke of Alva willed me to send him word, that he desires him to bear with him until the next spring, touching the aid he promised him.

2¾ pp. Addressed:—"To the right worshipfull and his verie good Cousin and friend M^r Randolph." Stained and torn.

253. Reply by Drury and Thomas Randolph to answers to Articles. [April 19.]

Have considered their answers to the articles delivered on the 2nd of April, and are glad to find so good inclination in them of peace and concord, yielding therein to the Queen of England's motions so far as reason can allow, or as may stand with the preservation or surety of their King, his authority etc., which, as they have seen in writing and also have sundry times heard confirmed by the Regent and the lords authorised by his grace to confer with them, so they can do no less than signify to their sovereign their goodwill, and at all times testify the same. That the expedition has not been such as they desired, they rather attribute that to the difficulty of the cause and lothness of men hastily to yield in matters where certain surety is not to be found at first, than that there should not be much goodwill and earnest desire upon either side to live in peace and quietness. That the two first articles are not directly answered by those of the Castle, their reasons are many. The lothness of the King's party to yield to that which they desire, and their doubt of surety how to have that performed which they think they will grant unto in the end, they believe is the chief cause of their delay. They acknowledge yet no other authority than the Queen their sovereign, as they still name and write her, and the authority of the lieutenants. In this treaty they deal not only for themselves and theirs who properly belong to them who are in the Castle and town of Edinburgh, but for all such in all parts who can be accused for his disobedience to the King, or injury done to any person since the beginning of this action until the end of this treaty. To give their several judgments upon every one of those whom their lordships have named, they [Drury and Randolph] believe that they would be very loth, yet cannot think but that in this pacification and law of oblivion they would that as many might receive benefit as they could help. Thought it good to say somewhat touching the answer itself given by them as well to allow of those that are not to be impugned as to show what they think might be mitigated or without offence to the cause may be added or taken away, the sooner to bring this matter to the end they looked for.

(1) All estates and persons should confess their obedience to the King by oath and subscription, and give their assent thereunto in Parliament, but that the principals should be further bound (though some have failed) may seem very hard and too great a cause of mistrust. For the Duke especially some other reasonable way may be found in respect of his place, his age, his kind of life etc., than should be granted to any other, as to let him quietly enjoy his lands and livings, so that he give assurance to breed no unquietness in Scotland or trouble to the King's state. There is cause to seek better assurance of such as have doubly failed. (2) Touching the continuing of the Regent in his place, they know so much good liking of him in the Queen's majesty, and all their reasons so allowable to have him remain in authority as to say much more on that point. (3) Can say no more than is wisely considered of by them, though wishing that—as in substance of doctrine they agree—so there were conformity of order in that which is best to be allowed of either in England or other countries best reformed. (4) The ampleness and generality of the fourth article may be contracted and brought to more speciality so that the effect and benefit thereof remain. An Act of Parliament for all deeds to pass under a law of oblivion may be devised. If all men come under the law of oblivion there need be no remission. If any not willing to be counted of the Castle, yet offenders to the authority, will rather make a remission than be comprised in the law of oblivion, they do not wish it to be denied. Such may be accepted in the law of oblivion as this cause for the title cannot include,—as murderers, thieves etc., as also private actions, causes criminal or civil may be provided. Their lordships' other reasons alleged may be sufficiently answered, and they hope no great sticking will be made hereat when they can assure them that the Castle party have yielded to the two former points, as they trust they will. Though they could be brought to receive a remission, yet they think these words placed in the 4th article, as they would have them pass, to be too hard to be either inacted or conceived in writing,—for their treasonable resisting of the same his highness' authority, and so far as in them lies the depriving of him thereof, but rather as follows,—'for not obeying,' or such like words. As for the murders excepted in the same article, seeing that it is impossible to bring this country to union, or them to obey unless they may be sure of their lives for any offence committed or that they can be touched with, their lordships can best consider whether it more imports to yield to this inconvenience to forget or forgive their faults, whatsoever they have been, or to suffer these mischiefs that reign in Scotland as they do. (5) The fifth article may be profitable for those who have been friends or tenants to those touched in the greater crimes, though not open offenders, as they are yet to be proved for, if hereinafter they do their duties as true subjects. (6) Her majesty minds no alteration of their laws or ancient custom of their realm either in policy or government, and seeing that they yield that all persons of estate who have been accustomed to be of the King's Council shall be restored after their obedience, they accept and allow of this article as not repugnant to reason. (7) As the lords allow of the 7th article, so do Drury and Randolph in the same form the King's party have conceived it, or anything else that may be added thereunto to that end. (8) Though the reasons alleged by them bear great probability with them, and their persuasions in the same are abler to put them [Drury and Randolph] to silence, than that much can be said by them to the contrary, for lack of knowledge of their laws in disposition of offices, yet they have heard that men among them removed from offices have been restored without any such addition as they make to this article. (9) Whereas by example of the Earls of Argyll, Cassillis, Eglinton, and others, they would that the rest should accept the King's remission or pardon etc., they may say that there may be great difference between the parties, and as the diversities of the crimes are, so there may be divers considerations and means used to bring those who have offended to acknowledge their duties. Which way soever they may be brought, they think it neither unreasonable nor any just cause for any man who loves his country to mislike. Will do what they can to make them allow of this article in form as the King's party have conceived it. (10) What is meant by these words—'for compounding of controversies of inferior natures,' they judge is,—of such faults as have been committed, not tending to treason or any of these grievous crimes that have been mentioned, but rather for words, goods, feuds, or such like. (11) They accord. (12) Find nothing they can disallow of. (13) Their answers and offers to the Laird of Grange touching the Castle of Edinburgh give them good cause to think well of their desire for concord; yet because they fear that the Laird of Grange will be hardly brought upon the sudden to give over that strength where his surety is, in holding of which he persuades himself that at any time he may make his own peace, and so continually trouble this State, it is to be considered whether it were not better to put in place of this 12th [sic] article that article which they presented to their lordships. (14) There is not much to be "sticked upon." (15) Their lordships' answer is thankfully received by them, and report shall be made thereof in the best sort they can. (16) The 16th article being of such weight and importance, full consideration ought to be had in what form and to what end they should proceed, wherein they shall be glad to have some private conference with the Regent and such others as he shall appoint. It must be seen what their desires are, and what conditions they would have performed in this league of friendship.

To the Lords the Commissioners for the King's party.

This much they thought good to deliver to them in writing, as their opinions touching the answers given by their lordships to their [Drury's and Randolph's] articles. Find as well by the answers from their lordships as by theirs of the Castle that, the first two points being yielded unto, the most difficulty will be in the law of oblivion, and holding of the Castle of Edinburgh. For the other—of less moment—they trust much in the Regent's wisdom with the assistance of their lordships' advice, that they will be so moderated that that goodwill to accord may appear indeed that has been spoken in words, for in this agreement respect must be also had to the honour to either party. Are moved somewhat to speak hereof that as her majesty is willing that the honour of the King, Regent, nobility, and whole State of this country should be respected, so would she be loth that the other should be so much dejected, how far soever they have failed, that no place should be left them nor hope remain unto them ever to be well looked of or thought of. Also, because many things in this treaty must be yielded on either side, which but for quietness' sake would hardly be granted, they thought good to make this motion to the Regent etc.,—whether they can be content and well allow that things are brought unto that point that it is seen where the difficulty and stay are, as well for the substance of the cause itself as for the honour of the parties who have contended that such things as remain yet undecided may be referred to the judgment of the Queen's majesty, being so well thought of for her indifference, and so well allowed of by them to be compounder of their troubles and preservatrix of the peace that they trust shall hereupon ensue.

7¼ pp. Indorsed (by Burghley's clerk): "19 April 1572"; and in another hand: "Replie to the Answers geven to the Lordes of the King's partie, delivered to them the 19 April 1572."

Lands. MSS., Vol. XV., fol. 28.

Copy of the same in Randolph's hand.

254. Letter proposed to be sent by Elizabeth to Charles IX. [April 20.] Cott. Calig., C.III., fol. 318.

"A project of a lettre which the French King desires the Queen to write unto him."

Elizabetha Dei gratia Angliæ Regina, serenissimo principi Carolo Francorum regi, fratri charissimo. Nobis expositum est per vestrum oratorem, illud quod articulo tractatus 36, continetur, nempe vobis post admonitiones secundum fœderis et tractatuum qui inter nostra regna et illud Scotiæ intercesserunt formam datas, licere vi et armis eos Scotos persequi qui fovebunt vel receptabunt regni nostri rebelles nunc existentes in Scotia, vel qui in Scotiam deinceps venturi sunt, ut vel eos rebelles (quemadmodum tractatus postulant) nobis tradant, vel ab illo regno saltem ejiciant, et excludant, perniciosæ futurum esse consequentiæ et occasionis periculosissimæ, quum novum sit, et omnibus tractatibus repugnet, qui inter Principes iniri 'solent, ut propter alicujus privati factum possit aliquis Princeps exercitum in aliquod regnum vel patriam ducere, et ut admonitio et tractatuum observationis requisitio, apud alios fiat, quam apud ipsum principem cum quo tractatus intercesserunt: nuncque (si his verbis locus daretur) nobis licere mittere copias in Scotiam, quia hoc tempore aliqui nostri rebelles degant in Scotia, et tamen fortasse nulla neque suorum ministrorum sit culpa, quæ res magnam controversiæ occasionem dare posset: vos itaque (quanquam de nostra sincera intentione, et bona et propensa animi affectione erga salutem et tranquillitatem regni Scotiæ satis abunde confidatis, tamen ut satisfiat quorundam perversæ interpretationi, et ut omnis dubitationis occasio, quæ inter successores vestros et nostros in posterum oriri posset, tollatur) cupere literis nostris super hoc articulo dictam sinceram mentem nostram plane et aperte peculiariter et expresse nobis significari, in conformitatem eorum quæ nobis per dictum oratorem vestrum de mentis et intentionis vestre in hac eadem causa super rebus Scotiæ sinceritati exposita sunt. Itaque per has nostras vobis declaramus quod (non obstante prædicto articulo) nos nunquam propter privati alicujus aut aliquorum privatorum factum mittemus, seu mitti tenemus in Scotiam exercitum sive copias, neque ad hunc finem per nos fient admonitiones sive summonitiones ut tractatibus satisfiat apud alium quemvis, nisi apud eum ipsum principem qui contraxit, vel apud eas qui sub ipso status procurationem habebunt. Et in casu quo dictus princeps seu ipsius ministri operam debitam non præstiterint quo tractatibus satisfiat, antequam ad vim et arma recurramus, vel nos et successores nostros de hac re primum vos seu successores vestros certiores facere ut dictum principem et eos qui sub ipso regnum administrabunt, admoneatis, quo fidei et promissis satisfacere velint, hancque declarationem nostram his literis contentam ejusdem efficaciæ et affectus esse volumus, ac si expresse et nominatim in dicto tractatu contineretur.

1²/3 pp. Copy in the hand of Burghley's clerk.

255. Embassy of Monsieur Le Croc. [April 20.]

Inasmuch as the Queen of England and her Council make some difficulty concerning the fifth article of the instruction, which the King sent to Mons. du Croc on the 2nd of April, the said Sieur du Croc, without altering anything of the said instruction, because it is signed with the King's hand, will put the said article in suspense, and will not speak anything of the contents thereof when he shall be there awaiting other commandment of his most Christian majesty, to whom he will write before going away, and in other respects will rightly fulfil all the rest of his instruction by a common consent with the ambassador of England who shall be on the spot.

If the Queen of England wishes that her ambassador going into Scotland have the substance of the writing which she has caused to be delivered to them, to the end that he admonish the Scots in her own terms to put themselves in peace, she can cause it to be inserted there, and the said Du Croc being there will say nothing to the contrary, and only awaiting other commandment will exhort the Scots to accord.

[Written on the back of the fly leaf]: "The French Imbassador did farther say unto me that Mons. de Croc sholde not gayne say any part of th'alteration of the 5 article sent by me unto him from the Q. m^te, but rather exhort them with'olde for the Q. of Scottes to yelde to the Kinges obedience, and that for the better satisfing of her m^te herein they wolde bothe ther hand wright to wyttnes the same."

1 p. French. Indorsed by Burghley: "20 April 1572. Answ. from y^e Fr. amb. and La Crocque."

256. Bishop of Ross to Leicester and Burghley. [April 21.] C.P., Vol. VIII.

"My veray good Lordis," I have seen an ordinance of the Council bearing a charge with a passport to my servant Cuthbert Read to depart into Scotland, and marvel not a little that such extreme order is taken toward him, considering I have no more in England but him alone out of prison, and also in respect of my own long imprisonment—almost now the space of one year "compleit,"—and of your lordships' honourable promises of assured favour made to me in the Queen's majesty's name, which I must "remembre" your lordships and "crave efter the same" when I am thus pressed; for thereby I looked daily to be put to liberty till I heard of this ordinance, which has moved me almost to despair thereof, unless by both your means some better order be taken. This my servant has had the handling of divers sums of money, which he has disbursed as well for the Queen my mistress' service as for my own affairs, whereof I have not yet received his account, as I desired the Master of Requests (fn. 9) and the Lieutenant (fn. 10) to show to your honours, and has also the charge and keeping of such apparel and other furniture as I have in England, so that, truly, his departing will be very "hinderfull" to me. Wherefore, if your lordships will not alter the order taken toward him, I must needs digest the same patiently with the rest: "always" beseeching your honours to be so good that he may be licensed to repair toward me in the Lieutenant's presence before his departure, that I may hear his account, and put order to my "graith" which is in the city, and to suffer a young Scottish boy, called "Jame" Brown, who is learning the French tongue in the city, to remain, that he may keep the keys of my "cofferis" during my residence here, and he shall attend on the French ambassador, and I will answer for his honest behaviour; and that in the meantime your lordships will move the Queen's highness to take some good order for my own liberty. The Tower. Signed: Jo. Rossen.

1 p. Holograph. Addressed. Indorsed (by Burghley's clerk). Wafer signet: shield with a bend charged with 3 buckles: "I. L." and "E. R." above, "Memento" below.

257. Hunsdon to Burghley. [April 22.]

Sends the resolute answer of both sides in Scotland. The King's side disavow the articles. Her majesty is now to judge what likelihood of agreement there is among them, as also in which side the greatest difficulty consists. Finds by perusing both their answers, that the King's side is not only directly contrary to the other's demands, but also disallows the articles. The commissioners for the Regent are they who have the principal of the spoil of the others. The principal hinderers of this accord are Lord Lindsay, Dunfermline, James Macgill, Alexander Hume of Manderstone, and some others. The Castilians refuse to answer the first two articles, not that they utterly refuse them, but because they would have the security of their lives, lands, and honours sufficiently provided for before they would put themselves into their enemies' hands. The commissioners (fn. 11) having done in all respects what they can, presently return hither, and surely, in his opinion, since they have been all this while therein, and their dealings having wrought so small effect, and having been in such peril of their lives, and no punishment done to the parties upon complaint, if they will have her majesty to be a further dealer between them, both the sides should send commissioners hither, which he thinks they will gladly do. Sends a letter of Mr. Marshal's. If he has no countermand for the Parliament he means to set forward on the 28th instant in post. Berwick. Signed: Hunsdon.

1 p. Holograph. Addressed. Indorsed (by Burghley's clerk).

Inclosure with the same:—

(Drury to Hunsdon.)

Since the last, sent by Captain Yaxley, little has chanced here worthy the advertisement. Lord Claude [Hamilton] having assembled to the number of 100 horsemen passed within four miles of Ayr, and has taken out of his house a friend of Lord Cathcart's, and four or five more with him. The King's side have taken the Laird of Drylawe, whose eldest son is in the Castle, and has married Grange's sister. It is said that such prisoners as the King's side have, who were sent to Stirling and other places for their safe keeping, are again sent for, and shall be executed. In respect of the execution done in Edinburgh of one more in number than was executed at Leith, six were appointed to die at Edinburgh, five put in ure, the sixth, named Bruse, was forcibly taken away by a Captain of that name, who assembled his band, guarding him to the Nether Bow, and turned him thereout, bidding him shift for himself, abiding still there until such time as he perceived the same near Leith, and without danger. This is not without cause of Lord Seton, who is Lord Justice, and of Lord Hume and others very evil taken. What inconvenience was likely to have grown at the execution at Leith (which fire is not yet quenched) Hunsdon has understood by Captain Yaxley,—both in the Regent's house and also in Lord Morton's—what great speech has passed between Captains and others, not of the worst calling, whereof blows are likely to follow. The slanderous and injurious speech against them [Drury and Randolph], with like threatenings amongst soldiers and others, ceases not, whereof yesterday they complained to the Regent, naming some of them, but punishment follows not to any one of them.

They also touched of Mr. Archibald Douglas, desiring to know whether he was so faulty as the bruits were of him, especially whether there was any likelihood that he should have any foreknowledge to the betraying of the town of Leith, or consenting to kill the Regent and Lord Morton, which is denied by them both. True it is divers letters are found—some in cipher and some otherwise—from Grange and others. He proved being burdened by the Regent and the Earl of Morton for having conference with Grange and the rest, and that he had both their licences, which they could not deny. "Yea, my Lord Mortoun ys to be proved to have had secrett conferrence towchinge his own pryvate," which himself has affirmed both to Drury and Randolph (as otherwise to be proved). Since their coming hither they required that he [Douglas] might accompany them to the Castle, which was granted. They earnestly desired him to employ his credit with his friends to bring their negotiations for peace to a good end, wherein they find he has earnestly prosecuted the same, which they have signified as well to the Regent as to Lord Morton. Thus his daily travail and conversation therein with Drury and Randolph made him the more misliked, and, as they now gather, are the chief cause of his trouble. His enemies of long time discovered are Lord Lindsay, the Commendator of Dunfermline, Mr. James Macgill, and Alexander Hume of Manderston, all of whom are enemies to this peace, and holding other men's livings, and, fearing the loss thereof, are very loth that the same should take effect. Of all his dealings, Drury knows not, but this much he is able to say,— which others can affirm,—that whatsoever he could learn of France or Flanders, or of his country, that might at all concern her majesty, he has imparted unto him—being matters of no small weight— as of divers other his good works done unto England, the least part whereof, if it should now be known [to be] grown from him, would turn to his utter undoing, "as yf they might fynde that he hathe had eny thinge to do with England, otherwyse then the Lords of Leeth hathe bene made prevy unto (which, as before ys mencyoned, ys thought the principall and chefeste occasion of his evell)." Touching the parts of some of his adversaries in declaring their evil and malicious meanings towards England, as he has written somewhat before of their slanderous speech, so he finds them still the self same men in deeds, as on Sunday the 13th instant appeared by discharging two harquebuses at him [Drury], being on the way towards Leith, he then being next to him. Has dealt thus far with the Regent, that if his deserts deserve either punishment or death, the one with the other may appear open to the world to judge of, and not to cut him off in so secret sort as Moon, whose behaviour he [Drury], notwithstanding, altogether disallowed. Trusts shortly to hear touching their revocation, if it be but for a time, to have conference with his lordship. Cannot yet attain to such certain knowledge of the executions as he desires. Leith, 18th of April. Signed: William Drury.

2¾pp. The last 7½ lines in Drury's hand. Addressed. Indorsed (by Burghley's clerk): "xviij Apr. 1572" etc.

258. Shrewsbury to Burghley. [April 22.] C.P., Vol. VIII.

I am glad of the Duke of Alva's trouble at home, hoping thereby of more quietness elsewhere, for this Queen here makes account that he will do much in her causes. She is now in her melancholy disease, and seemeth to despair of life, which grows upon her misliking of this Parliament, whereof she often talks, and minds to write thereof to the Queen's majesty. She is newly entered into physic, and besets much labour of herself. I rejoice not a little that it pleases her majesty so graciously to consider of Francis Talbot as to think him meet for her service to accompany my Lord Admiral (fn. 12) into France. My desire has been for a long time that he might be put to some service whereof her majesty might like, and if he does not in all things to her majesty's contentment I will utterly banish him [from] my favour. Your lordship shall, if need be, for his better meetness in that journey, command 100l. of my purse, besides his own provision, which is large enough, and may well suffice, and as your lordship has most friendly dealt for him therein, so do I pray you advise and counsel for his best service at all times to her majesty, thereby the rather to recover his credit before impaired. Sheffield Castle. Signed: G. Shrewsbury.

¾ p. Holograph, also address. Indorsed (by Burghley's clerk).

259. Maitland and Grange to Drury. [April 23.]

"After oure hairtlye commendatioun. Ze remembre how oft we have mocioned unto zow my Lord Hume his suyte, and declared how conformable we fynd him in particular to satisfye the Queen's majestie zour soveraigne. As zett we could not obteane other answer bot that befoir her majesty shew him favour, he must zeald in the commen caus. We have sence zour last being heir dealt with him and found him as unwilling to zeald to those of Leith as ewer he wes. Mary to the Queen zour maistres contentatioun in maters toucheing her asweill affected as any man can require him. Your selff hes sene the tyme ze wer with thame how crewally thay off Leith used his servandis being taken in the weare and chargeable of any unhonest or crewall actes. Whome, efter thay wer taken prisoners, thay contrary to all gude ordour tyrannouslye hanged. For recompence whairof he hes bene constrayned to use the lyke extremitye aganis sume of thairis. He thinkis that thay which so crewally hes usit his men wald shaw the lyke extremetye to him selff iff he wer in thair handis, and thairfore thinkis he hes gude reasoun alwayis to reffuse to submit him selff to thair jurisdictioun, and hopis that the Queen's majesty being a noble Princess will not prease him with any soche inconvenient. Yett is he willing to satisfye all thingis whairin her heighnes hath a particular interest, and to that effect these offers we will mak for him." If it will please the Queen's majesty to restore his houses to him, which are detained by her ministers, and that with her goodwill he may be permitted to enjoy his own living, he will be as earnest to maintain the "peax" between the two realms as ever he was, "and he trustis ze zour selff and other that hes hunted apoun the Bordouris will beare him record that he wes ane gude justiciar and keaped best ordour within his rewle off all other officiars upoun the Marchis. He shall not receave within his housses nor boundis any off her majestes rebelles or other persouns hatefull to her heighnes. His housses shall receave no strange forces, whairby the quietnes off the tua realmes may be disturbed. He shall not have intelligence with any forreyne Prince or natioun to the annoyance of her majesty, her realme or liegis. He and all that dependis on him shall behave thame selffes quietlye as gude nychtbouris to all the liegis off England and be ansuerable to mak redres and receave redres for all the attempttates according to the treateys and lawes off Bordouris," and if her majesty can reasonably require any further of another Prince's subject, he shall refuse nothing that he may lawfully do to content her majesty and do her service. In respect of these his reasonable offers and honest meaning, we trust her highness will no further extend her indignation against him, but be content that all rigour may cease. For we know her majesty has reaped small commodity by the withholding of his houses, and the detaining thereof yet is the occasion of the debarring him from his living, and indeed his loss is greatest of any Scotsman, although many have deserved worse. If her majesty was truly informed what man my Lord Hume is, and has ever been, and on the other part what men they are who presently under her highness' shadow take advantage of time to do him wrong, we doubt not but her majesty of her own nature would prefer him to them, and not suffer her countenance to serve their turn, for he is known to be a man of promise, and will stand to his word, "wheare by the contrare thay respect litill what thay speake and measoris all thingis rather by proffict then honestye. Ze know him in particular, and so do ze thame." We pray you inform her majesty according to your knowledge, and if her majesty will graciously incline to his request, we "dar" assure you that her highness shall never repent her favourable dealing with my Lord Hume, who is naturally disposed to perform more than he promises, rather than break the least word he speaks. May it please you to procure an answer to this head as soon as you may conveniently. It shall serve her majesty's turn, for it is not well liked in this country by the whole people that his houses (whom all men esteem an honest and good man) are thus detained from him "to his uter heirship." It will be an occasion to conciliate the favour of the people to her devotion to use the Lord Hume gently. As for us, you know our mind, which we have opened to you both by "wourd and wraitting," and shall always be ready to perform every point thereof, so that if her majesty deals with us as we look for at her hands, and as we intend to deserve, and not give our enemies the upper hand of us, she shall be assured to have us as far at her majesty's devotion as she can wish any subjects of this realm. "More in particular ze know of our meaning, whairunto we remitt ws." Edinburgh Castle. Signed: W. Maitland. W. Kyrkcaldy.

1¾ pp. Addressed. Indorsed by Drury and (Burghley's clerk).

260. Hunsdon to Burghley. [April 23.]

Mr. Marshal and Mr. Randolph are presently returned hither, who since their departure from Leith received advertisement from the Regent (which he sends herewith) of an Irish bishop, and three or four with him who are taken at Dundee, and stayed there, who were to go into Flanders, and so to the Pope. His commission and letters are also taken, by which all the conspiracy of Ireland may be known. If her majesty writes earnestly to the Regent thinks both he and his letters will be delivered, and will presently write to the Regent for his safe keeping, and to get his letters if he can. He names himself Archbishop of Cassell [Cashel], and so his commission runs. The Regent had intelligence of him by certain of the Stewards, who took 300 crowns from him, and so the Regent laid wait for him. It will be these two or three days ere he can have answer how the Earl of Northumberland shall be delivered. Berwick. Signed: Hunsdon.

½ p. Holograph. Addressed. Indorsed (by Burghley's clerk).

261. Maitland and Grange to Hunsdon. [April 24.]

We hear your lordship is shortly to repair towards the Court. We are not sorry that such an occasion is offered whereby the Queen's majesty, your sovereign, may be truly informed of the present state of matters here, and what our meaning is. We trust that long ere now your lordship is made privy to our conceptions, and that "Maister Marshaill" has communicated the same to your lordship, whom at divers conferences we have amply informed. As our intention is "ouprycht," so, if it be favourably reported, we doubt not but her majesty will graciously accept our offers, and "considdre of ws accordingly," Princes cannot "with thair awne eeys see every thing, specially in places far distant frome thame, nor heare with thair awne eares," and, therefore, they must receive information by their ministers whom they trust, and no small consequence depends on the affection of the reporter; if he is partially affected, he will speak according to his passion; if he has no other respect but to the treaty and service of his Prince, then will he inform accordingly. As we "wrait" to your lordship before, we take your lordship to be void of passions in this behalf, and, therefore, are very glad that the occasion is offered whereby yourself may be the reporter, which we will remit to be made according to your own knowledge. "Alwayis" we heartily desire your lordship rather to take that office to yourself, than suffer any other to use it, "being more partially affected for factionis saik," and your lordship shall be well assured that we have promised "by wourd or wrait" we shall faithfully perform in every point. "From the castell off Edinburgh the xxiiij of Aprile 1572." Signed: W. Maitland. W. Kyrkcaldy.

½ p. Addressed. Indorsed (by Burghley's clerk). Notes by Burghley on the back: "1000, 2000 sackes."

262. Answer by the Queen of Scots' party to the English Commissioners. [April 24.]

We have received your reply to our answers of your articles delivered to you on the 13th instant, whereunto we answer as follows.—We pray you to bear with us that as yet we can make no other answer to the two first articles than we have made already, till we know some certainty what we may look for touching the "remanent" articles and heads propounded to you by us; wherein, as soon as it shall please you to give us a direct answer, according to reason, we promise you to give you "sa soone" a direct answer to the two first articles such as we trust shall satisfy the Queen your mistress. (4) To the fourth reply, we answer;—it is not reasonable that we be ordered by the example of others of the nobility who you say have received remission, to whose doings we are not privy, "nor knawis not what moved thame so to do. Alwayis resolutely we say we will receive no remissioun at the handis of those of Leith, whome we know to have no soche authoretye." A disannulling by Parliament is most honourable and sure for both parties, and no other way that we know can serve. We have cause to insist that the "parenthose" be put out, without which there can be no perfect reconciliation. For the exception will nourish discord and breed new troubles. We know that the Duke of Chaltelerault was as little privy to the killing of the Earl of Murray as any man "on lyve," yet is enmity borne for that deed as well against him as all that bear the name of "Hammaltouns." The exception would retain the occasion of that enmity; the branches whereof would be farther extended than is convenient for the quiet of this realm, seeing it is known that one man only executed that deed. It is convenient for common peace that the quarrel reach no farther. As to the Earl of Lennox, whatsoever confession our adversaries have given out in the name of him that killed him, yet they are not able with truth to charge any man of this party "with doing of any thing unhonestlie at that tyme, or of ony violating of any promeis made, or geaving commandment to do any thing contrary to the laws of armes or custome of the weare, quhilk at that tyme wes more gently used by this pairtye then the crewalty used many tymes by oure adversars did deserve." (8) To the 8th.—we trust they who devised the article will find it agreeable with reason that men be "reponed" to their honours and offices, without which there can be no reconciliation. (13) Whereas in our answer to the 13th article you find fault with the word "ridiculous," we are content to blot it out, for we meant no offence thereby to any person. (15) and (16) You shall find no difficulty in us to descend into the particularities of them, and to bring the matter to a conclusion to her majesty's reasonable contentation.

Touching the articles which were added to our answers,—the first, second, and third are agreeable with our laws and orders of our Parliament and Session, and meet to be accorded for the weal of the whole realm. As to our debt,—we would wish the same were paid by the revenues of the crown and profits of the benefices intromitted with by the adverse faction; and indeed it were most equitable that the debts contracted for maintenance of a common cause were relieved by the public rents and others levied by them, whereunto they had no right. And if it may please her majesty to bear a part of the burden with them in that behalf, as in other cases she has bestowed large sums on them and the maintenance of their cause, it will be as charitable a deed, and serve better for the quietness of the whole isle. "Alwayis" our necessity will require a relief at one hand or other, for privately it may not lie on our shoulders.

1½ pp. Indorsed (by Burghley's clerk): "24 Aprill 1572"; and in another hand: "Anseris to the last replyes we last received frome the quenis ma^tes commissioners and deliverit the xxiiij^th off Aprile etc."

Cott. Calig., C.III., fol. 309b.

Copy of the same.

263. Monsieur Verac to the French Ambassador. [April 24.]

By the two last letters which I wrote to you of the 27th of February and the 9th of March, I wrote you so fully that I fear you are tired of so long letters. The Marshal of Berwick and Mr. Randolph have stayed in this country till the 22nd instant, and the said Marshal has caused his wife to come. During this time, and after Case was returned from London, they came several times to the Castle, and have always pressed those of the good party for obedience to the King and the Regent, for of the Queen of Scotland no account is taken in their conferences. However, as they saw that they were losing much time without doing anything, Lethington proposed that, forasmuch as there were other articles than these two there, it would be good to treat upon the other, and being fallen into accord on those, they would be better able to arrange the said first two. Randolph demanded of him, if the Queen of England satisfied them in all the others, they would satisfy her in those two. Lethington told him that he did not know whether she would be content with their answer, he well knew that she ought to be. Randolph sent them some articles, and those of the good party proposed others. Whereupon they entered into conference, leaving the two first articles aside. The third is touching the religion, upon which they fell into accord that it shall remain as it is at present in Scotland, saving that it shall be permitted for everyone to live in liberty of conscience, but that ministers and officers shall be ordained to put such order and policy there, as shall be found good, which everyone shall be bound to obey. The fourth, that a parliament shall be made. The fifth:—they wished that all things done during the war should be blotted out, except the death of the late King and the two Regents, upon which they were not able to fall into accord. It follows next that all the fortresses shall be remitted into the King's hands, and then the castle of Edinburgh with what there is there, and that the Laird of Grange shall be recompensed with a bishopric, abbey, or priory vacant or to be vacant, at his choice. This, which is a separate article, has been remitted also until the adhesion of the two first. They have agreed that everyone shall be restored to his goods and recompensed for losses done on the benefices, as shall be advised by parliament. There has been great instance, and nothing accorded for the restitution of everyone in his estate; for those of Little Leith (Petit Lith) wish to stay in the offices they have usurped, as the Earl of Morton that of Chancellor and Admiral, which he has usurped on the Earl of Huntley; the abbot of Dunfermline that of Secretary. There is an article that there shall be ordained, and a Council elected near the King, by which all things shall be ordered. The last of the articles which is accorded is, that the said peace shall be promised and sworn on the hands of the Queen of England, and they shall promise not to make any new association, alliance, or confederation with another foreign Prince, and that they will not receive any strangers in arms in that realm; and if they come there, that they will chase them from it, and will never attempt anything to her disadvantage, nor of England. I begged the Laird of Lethington to give me a copy of the said articles, which are in English. Which he would not do, and I have not been able to have them, but by one who assists there in their Council, I have known what is before, and I have very good means to know what they are doing. Lethington told me that he had promised Randolph not to give them. I have made a memoire thereof besides, the which I cannot send you at present. The last day they came here was the 21st instant. They told those of the good party that Lord Hunsdon had informed the Marshal that the Queen of England had called for him to be at London at the next parliament of the 8th May, and that for guard of the garrison of Berwick it was necessary that he should return, which he was willing to do. Moreover, that they knew the trouble that their sovereign took, and the desire she had to reunite them and to establish peace in that realm, and that it seemed they were opposed on one side, those of Little Leith on the other, to the articles, that they were not of accord, which seemed to him more expedient since they knew the goodwill of his good sovereign that they would lay the charge on her, and submit to what she should ordain, which would be so conformable to reason that they could not complain. Those of the good party said that they had not till then thought that the Queen of England wished to be judge of the differences of the subjects of another Prince, although they believed that she wished to be mediatrix by reason of neighbourhood and the good amity which she bore to that realm, and that if they then had desired to lay the charge on her, they had now lost it, knowing well that it would be her verdict, which they themselves have shown, signed by her hand, which would he to ruin them totally. So they were quite willing that she should be mediatrix, but not judge, inasmuch as in according that they would declare themselves very unfaithful subjects, and afterwards would not be able to retain the name of Scots, but that they assure themselves that the Queen of England keeping herself within that bound (borne) of mediatrix, having understood the articles which they have proposed, those which have been proposed to them, and the answers of both, she shall judge that they do not tend to another mark, but to the liberty of the realm, and the holding together thereof. This the said Marshal and Randolph have demanded to have of them in writing, and the articles and the answers, and also if they would not hold to that which has been already accorded. They answered them, that they could trust well to their memory, and that there was no necessity to put those things in writing, and as regards that which they have accorded, they will abide by it. Whereupon they have taken leave. The said Marshal went away much enraged against the Earl of Morton because Mr. Archibald Douglas has been made prisoner and sent to Lochleven. The man of the 2000 crowns ("L'homme des deux mil escus") has returned, and has not brought me letters from you or the 2000 crowns. He has brought me a letter from the bishop of Glasgow, which has given very great discontent, and is thought to spoil everything, and believes that unless the Laird of Grange's brother is out of that (est de dela) all would be lost. I promise you that they talk much (bien) to me here and reproach me well that the Queen of England uses bravadoes to the King [of France], and that the King promised wonders (merveilles). and nothing at all (rien que) about furnishing them with 2000 crowns; that the Queen of England has wished to see Monsieur Du Croc's instructions, and in your presence has said, "he shall not pass into Scotland unless I know what he goes there for, neither by sea nor by land"; that the ambassador who is in France has told the King, upon the despatch of Lord Fleming, that if the King caused one soldier to pass there, his mistress would send there a hundred for each one; and that it would be better that his most Christian majesty should not send his subjects there to have their throats cut. Many other such remarks are held out to me every day, and a few days ago, Lethington and Grange being with me, I told them that I was certain that nothing but the contrary wind hindered the King from sending them money, and that it would soon come. To which they said to me, amongst many other remarks of discontent, "we know and see well that the King dares not enrage the Queen of England, and that for fear of that we remain in the mire; how can we who are nothing do anything which displeases him? The hope and assurance of the King's assistance caused us to undertake the cause and quarrel of the Queen, by reason of which we have already lost our houses and our goods, and we are on the point of losing our lives." This bearer has pressed me much, although I doubt very much whether he could go to you. I beg you to send back the kitchen boy to me. Edinburgh.

1¼ pp. In cipher. Indorsed (by Burghley's clerk): "A Ciphre from Virac to the Fr. Embassador"; and in another hand: "24 Aprill."

Decipher of the same.

3¼ pp. French. At the head: "This seemith to comme from Verac in Scotland, to the Frenche Ambassadour heere."

264. Monsieur Le Croc to Burghley. [April 25.]

Sir, concerning that which was arrested yesterday, I send to you to beg you to cause my passport to be hastened for me to the number of ten post horses to go into Scotland, and to comprise therein that I can pass three hackneys, that having arrived in Scotland I can freely send to the King my master, that the packets which I shall send to Berwick be surely kept by you in order that they be delivered to the King my master's ambassador, and if it pleases you to give me a copy of the instructions which the Queen sends to him who goes for her majesty into Scotland, since you have retained the copy of mine. London. Signed: Le Croc.

⅓ p. French. Addressed. Indorsed (by Burghley's clerk).

265. Archbishop of Cashel to the Regent Mar. [April 26.]

"Unto your Grace with all reverenns, humblie meanes and complaynes, wee Morris, Archbishop of Cassell within the realme of Ierland, familiar servtour as wee have bine of longe tyme past to the Kings Majestie of Spayne." As we understand this same is not unknown to your grace and the nobility of this realm, that forasmuch as the King of Spain by virtue of his "commissioner" to Ireland and to certain of the nobility thereof, from whom we have received answer of the articles and points which were contained in our commission, and shown by us to them, we departed thereafter from Ireland with the said letters closed, directed to the King of Spain. And because we understood perfectly the tender kindness with "efaulde" love which our said Lord and Master and nobility of Ireland have toward and "aneint" the King's majesty of Scotland, your grace, nobility, and common weal etc., therefore we thought we could not have a more pleasant, "peciable," and quiet passage than to take our journey through this realm. Nevertheless, when we came to the burgh of Donde [Dundee] intending at the port thereof "to ashipped and tayne our viage theare by sea," the "Bayllis and Counsell" of the said burgh have arrested, taken, and "warded," and also intromitted with, taken from us and retained the King of Spain's letters, and that without any cause or offence done or committed in word, "writ," or deed by our said Lord, the nobility of Ireland or us, contrary to the King of Scotland etc. "Wherthorowe" the King of Spain is greatly "hindrit and frustrit" of his said letters, to his high displeasure, and to our great hurt, damage, and "skeith." Wherefore, with all humility, we exhort your highness to be so gracious as to write to the said "Bayllis and Counsell" commanding them to make us free, and deliver us the King of Spain's letter again etc. If your grace suspects any point or article contained in the said letters contrary to the King's majesty of this realm, nobility, or common weal thereof, we are contented that the said Bailiffs and Council break up the same in our presence, "and reade and considere the hale masse point by point," exhorting your highness, in respect it is your honour, that all the heads and points of the said letters be kept secret and privy from all Englishmen and foreign nations. If it please your grace to write with us to the King of Spain we will gladly bear the same, and make your hearty commendations to his majesty. And although we be held in ward, and our master's letters withholden, his highness hath 5000 worthier than we to execute his commissions to Ireland, or to whatsoever other kingdom, province, or country, and that shall rather engender "inanomytie," strife, and debate than have interest with unity, peace, and concord. Dundee. Signed: Maritius Cassellensis Archiepiscopus.

1½ pp. Addressed: "To the maiste exelent and magnificent Prince my L. Regentes Grace, governer of the Realme of Scotland." Indorsed (by Burghley's clerk).

266. Summary of the Articles. [April 26.]

"A summary of the articles propounded to both partyes, with a note of the answers and the varieties both from the articles, and from amongst them selves."

[A summary of the 16 articles as calendared in No. 233, and answers thereto.]

2¾ pp. In Burghley's hand. Indorsed: "A summary of the Articles propounded to both parties, and their Answers."

Cott. Calig., C.III., fol. 319.

Copy of the same.

267. The Sixteen Articles. [April 27.]

(1) The first article to stand; yet rather than to break peace, to forbear the oath. (2) The second to stand; with this, that the Regent shall promise to govern the great causes of the realm with the advice of the Secret Council or more part of them who shall be present with the Regent from time to time. (3) Religion to continue as it is established by the laws in the first year of the King. (4) To stand as it is; to extend to all acts committed in the common quarrel for the title, saving the 3 murders—not including other faults and crimes. (5) Reasonable. (6) To stand; with this, that the Duke, Huntly, and others who have been of the Secret Council to be admitted after recognition of the King. (7) The King's answer is good. (8) Recompense for those who left or were removed from their offices after the Queen of Scots' departure from Lochleven. (9) Good. Goods spent in the common service "shall be intended to have been spent by authority." (10) Reasonable. Leaving the further decision to the Queen's majesty. (11) Reasonable. (12) and (13) Reasonable, provided that Grange may have a sufficient recompense. (14) Reasonable. (15) Reasonable. To add that the French King and the Queen's majesty shall be conservators. (16) Good that the amity be kept with England, so that thereby no amity with France be "empeche."

1¼ pp. In Burghley's hand. Indorsed by him: "27 Aprill 1572. The opinion uppon the articles sent out of Scotland."

268. Nicholas Errington to Hunsdon. [April 27.]

Has, according to his direction, delivered his letter to the Regent here, and dealt with his grace touching the same, whose answer is that he will send a gentleman to him [Hunsdon] on Tuesday next to deal as well for the safe delivery of the Earl [Northumberland], as also for the better advertisement of the Irish bishop, who shall not only be safely kept, but also brought to Leith, where both he and his writings shall be sifted. He confesses to be the King of Spain's servant. Has this Saturday received these other letters from the Castle to Hunsdon, with a band subscribed by the Lairds of Grange and Farnyhurst for Ralph Carre, if it shall please his lordship, or else the band to be returned to them again.

On Thursday (fn. 13) night the Castilians slew five of Captain Mychell's soldiers in "Canygat" [Cannongate]. To requite the same the Earl of Morton with 300 horse and 60 shot of foot on Friday night "gylled" 17 soldiers of the Castle side, and took 5 prisoners and hanged them at their return to Leith. They were going to Blackness, and from thence should have gone over the water to Adam Gordon in the north. The Castilians hanged two presently afterwards, and were sorry they had no more of the like quality to hang. The Earl of Morton's purpose was to have met with the Hamiltons who were at Keneyll [Kinneil], coming towards Edinburgh, and met these footmen by chance. The Hamiltons are returned home again. Very many gentlemen of the west country are come in here—the sheriff of Ayre and the Laird of Bargany, with divers others. They of this party are at present 400 horse very well appointed. Finds by the countenance of the Castle side the fear of some extremity both for lack of victuals and terror of the enemies—much more than heretofore. They sought to take some strengths along the river to disperse their men for their relief—as Barbugell [Barnbogle], Dundas, and other places adjacent—and were always discovered without taking effect. Mr. Petere, the schoolmaster, is here, and has deciphered all Mr. Archibald's [Douglas] writings to the number of twenty-six, but, as "Sanders" Hay has told him, none revealed as yet, by reason of other business. Leith. Signed: Nicholas Arington.

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

269. [Hunsdon] to Leicester. [April 28.] Lansd. MSS., Vol. XV., fol. 27.

Received this day this letter from the Earl of Morton to him [Leicester] which, by his writing to him [Hunsdon], seems to be of some importance,—with some care to have it soon and faithfully come to his hands. It concerns a bishop taken in Scotland that came out of Ireland, and therefore he requires to know her majesty's pleasure, what she will require to be done with him, for it appears his doings are such that his taking imports not a little. Though there are many other matters that he would willingly write of, and so minds shortly to do, yet this being the chiefest, and his time not sufficient to write of them all, his lordship will accept this for the first, and that which is of greatest weight, and so return answer as he finds good, which he shortly looks for, without which there will not be much done. Berwick.

1 p. Indorsed: "Copie of a lettre to the Earle of Leicester the 28^th Aprill 1572."

270. Morton to Burghley. [April 28.]

Not long since I moved your lordship in some matters touching me and my friends greatly troubled by the Queen's majesty's subjects at the West March under the charge of Lord Scrope, especially for redress of the losses of my tenants and servants the time Lord Sussex was at Drumfries, for the reparation of the "skaythis of my servandis laitlie brint and spoyled" by Robert Grahame of the Fauld and his "complices," [and] for restraining the invasion of her subjects against Lord Maxwell, his friends, and servants, "he now professing the obedience of the King my soverane and having laitlie mariit my nece, and for staying of the land and wrangfull pursute of my freind Edward Irwing of Boneshaw." Now hearing that Fergus Grahame "is reportit to the court," and finding commodity by passing thither "alsua of this berar Williame Grahame, quha hes interest in the materis," I must "remember" your lordship of my former letter; praying you to consider what quietness the ordering of this matter shall bring at the West Border when Fergus is presently there, "and quhat harme sall ensew, the mater passing ower unconsidderit, for Fergus spaires not be wearing the Dukis [Norfolk's] cote to avow him zit his man," notwithstanding his condemnation. Leith. Signed: Mortoun.

½ p. Addressed. Indorsed (by Burghley's clerk).

271. Morton to Sussex. [April 28.]

I wrote lately to your lordship for certain matters of my own and my friends "duelland" toward the West March, that by your means and procurement (as best acquainted with the causes), commandment from the Queen's majesty or the Council might be sent to Lord Scrope for redressing of the losses of my tenants and servants of my lands of Prestoun under the Fell, in Galloway, the time your lordship was at Drumfries with her highness' forces, for delivering of Robert Grahame of the Fauld, apprehended by Lord Scrope, and presently kept in Prestoun for the late attempt of burning and spoil committed by him within my said lands, that her majesty's subjects might be restrained from invasion of Lord Maxwell, his friends, and tenants, he now being obedient to the authority of the King, and lately "allyat" with me. and for the long and wrongful pursuit of my friend Edward Irwing of Boneshaw. Although I am well assured your lordship is not unmindful of these matters, yet hearing that Fergus Grhame, "the sterar of thir and mony ma troubles aganis the King my soveranis peciable and gude subjectis," is passed to Court, and finding the commodity of this bearer, William Grhame, all passing thither, I thought meet to repeat to your lordship the things which I wrote before, praying your lordship, since Fergus is there, that some good order may be taken with him as well for the "bigane enormities" committed by him and his "dependentis" against the good subjects of this realm, as for the stay of the like, and observation of the peace in time coming. What Fergus intends, I doubt not but your lordship will understand, but this I cannot conceal from your lordship, that notwithstanding the Duke of Norfolk's arraignment, Fergus "spaires not be wearing of his cote to gif declaratioun to the warld quhais man he is." In this matter I will trouble your lordship no longer by writing, resting till I shall further hear for the direction of these matters, and looking for no good in them if Fergus shall return "unorderit," as appertains. Leith. Signed: Morton.

²/3 p. Addressed. Indorsed (by Burghley's clerk).

272. Hunsdon to Burghley. [April 28.]

Received his letter of the 23rd on the 26th, as also her majesty's dispensation for his absence from the Parliament. In respect of finishing these troubles in Scotland—which by this time Burghley has to judge what likelihood there is thereof—the nntowardness is such in both the sides that it passes his capacity to deal any more with them. Finds the Castle side require surety of their lives etc.— wherein they have reason,—and the keeping of the Castle. The malice of the King's side is so deadly against some of the Castle, that they have more respect to be revenged than regard to their commonwealth; others are so resolved to keep, such offices, spoils, and authorities as they possess by these troubles, that they will never agree to any composition by treaty; the meaner sort, who live upon entertainment and spoils, cannot abide to hear of peace. These things give him to think that neither La Croke nor they, though they joined together, will do any good therein, as by proof he shall see. Prays him to let him understand before La Croke's coming how he shall entertain him, and whether he shall send anybody into Scotland with him. Looks hourly for answer from the Regent how and where he shall receive the Earl of Northumberland, and therefore his lordship must remember how the 2000l. shall be paid, for they will look for the money upon the delivery of the man. If her Majesty proceeds with this treaty with France she will always be sure to have good peace with Scotland. God send her majesty to deal so with the Scottish Queen this Parliament as to rid herself of so mortal an enemy. Would send him his proxy now, but knows not how to make it, and, therefore, prays him to cause one to be made to [Burghley] himself, and send it to him, and he will return it signed and sealed. Berwick. Signed: Hunsdon.

Postscript.—Stayed the sending of this letter, looking to hear from the Regent touching the Earl of Northumberland and the Irish Bishop, who says that to-morrow he will send a gentleman to confer with him, and that the Irish Bishop and his letters are sent for to Leith. Has also received answer from those of the Castle, whereby it seems that they will be conformable, their lives, lands, and honours being preserved and restored. They continue still with killing and hanging on both sides, as he shall perceive by Nicholas Errington's letter, whom he continues there of purpose to advertise him truly of their proceedings. 28 April 1572.

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

273. Hunsdon to Alexander Hume of Manderston. [April 28.]

I have received a writing from the Captain of Hewme [Hume], wherein he advertises me that the men of Stychell and Couche Carrell have advertised him that you have put them to the horn, that either they must make payment of such things as you demand of them within four days, or to be forfeited, or else in the meantime to enter to ward at Donbrytton [Dumbarton]. I would gladly understand by what authority you take upon you to meddle with these matters, which you have nothing to do with, and if you had any commandment from my Lord Regent's grace, yet would it have very well become you to have made me privy thereunto, being under my charge, as of the castle of Hewme, which, until I have further commandment from the Queen's majesty, my sovereign, you nor any other shall intermeddle with, but such as I appoint thereunto; and, therefore, I would wish you to stand upon a sure ground before you take upon you to meddle with anything either of Hewme Castle or Fast Castle, for, surely, if you do, you shall well see I will not bear it at your hands; and what punishment soever you shall use to any of them, I will not fail to get of your tenants into my hand, to whom I will show the like. I have received more discourtesy at your hand than I looked for,—having used you and yours so courteously as I have always done—as in denying to send one Atkine to me, whom I wrote to you for, for goods he has stolen out of England, as also for keeping certain goods of Gledall's, who was drowned at Aymouth [Eyemouth], for which I have often sent, and can have no reasonable answer thereof. And, therefore, take this for my last demand, that, surely, if they be not sent to me out of hand— though I have hitherto forborne to deal in it—I will either have the same or the double value thereof,—if either Aymouth or Couldingham are worth it,—for finding my courtesy so ill requited by you. I will not "put upp" any such injury at your hand nor suffer my sovereign's subjects to be spoiled by you and yours; and, therefore, I pray you take order that those things may be delivered unto me presently, or else you will force me to take my own redress, which will be smally to your contentment. Berwick.

¾ p. Copy. Indorsed (by Hunsdon): "From the L. of Hunsdon too Alexander Hume of Manderston"; and (by Burghley's clerk): "28 Aprilis 1572."

274. Nicholas Errington to Thomas Randolph. [April 29.] Lansd. MSS., Vol. XV., fol. 24.

The sufficiency of this bearer causes him to use silence for this time, for nothing has fallen out here since his last to him, other than "gilling" and hanging as they are gotten, which makes such terror of the Castilians' side, that it seems to him by their countenance, what for fear of that cruelty and extremity of rivals that they should yield to any good composition, except they have more comfort of the "foren" than at home. Leaves all Mr. Archibald [Douglas's] accusations to this bearer, whom he [Randolph] knows will conceal nothing from him, and knows therein more than he [Errington]. Would be glad to see either his speedy return or else his back homewards, so that he might be with him at Durham, with the Dean, for his tithe. Must always respect his profit, otherwise he shall never be rich, what negotiations soever he has. Leith.

²/3 p. Copy in Randolph's hand. Addressed: "To the right worshipfull M^r Randolphe Esquier M^r of all the quenes m^ties Postes in England and one of hir m^ties Commyssioners in Scotland." Indorsed.

275. Articles exhibited to the Regent. [April [29].]

(1.) [Copy of No. 221, except articles 6 and 8, with some variations in the reading.]

(2.) "Answer to the articles exhibited the xxiij of Februar." (1) The articles and form are good, but better security is requisite. (2) The Regent is lawfully "placit and admittit," and so no limitation can be, because he is answerable for his administration according to the laws of this realm. (3) It is conceived so amply, and so generally, and draws with it so many inconveniences that it cannot agree with good reason to be granted. (4) The Kings of Scotland and such as have borne their authority have always been accustomed to "cheis" their Privy Council of the nobility and such others as were trusty and best qualified, "quhilk order is meant to be followed as all the Princes dois." Such as are "capitale inymeis" to the King "suddanlie efter reconciliatioun ar not meit to be of his counsale." Being of the King's Council they may direct things towards his body, "quhilk bringis evident perell." (5) "The secund part of this article wald be declared, quhat speciall personis suld have the benefitt thairof." (6) It is to be resolved of what natures are the controversies which shall be comprehended under this article, and thereafter, the former articles being accorded upon, in this also a reasonable order and conclusion shall be agreed upon. (7) The Queen of England's goodwill is thankfully accepted. (8) The article seems good, and upon further conference meet to be accorded unto.

(3.) "The copy of the notes desired be thame in the castell presentit the xxix of Februar 1571." [Copy of the fifth to the eleventh paragraphs of No. 150.]

(4.) "The notes answering the same deliverit to the Englishe commissioners the third of Marche 1571." [Copy of the second inclosure with No. 217.]

(5.) "Articles generalie contening thententioun of the Quenis Majestie for the reducing of the realm of Scotland" etc. [Copy of the articles in No. 158.]

(6.) "Answer to the articles of accord presentit be the Englishe commissioners." [Copy of No. 226.]

(7.) "Ane article presentit apart be the Englishe commissioners concerning the castell of Edinburgh." For the Castle, this is to be added:— That if they find Grange to be "stiff and resolute to keip the castell, and yet not of meanyng to be obedient to the King," then, rather than the accord should "brek of" for that, if by no persuasion they can "reduce" him to leave it, it shall "do weill" to move the Regent to consider the consequence thereof—how hard and uncertain it will be to win it with force, and therefore to devise how it may remain with him after his obedience to the King "zetbeit for one yere," until the observation of the accord may be established, and thereto to add that he may have "na gretar nomber of soldioures in it then only to defend it from any that seik to surprise it, that the toun may be frie from domage of it, that such places may be dimolishit as have bene erectit of late tyme to offend the toun from the castell, that also he may deliver sum plegeis to remane in sum indifferent place for his loyaltie in keping of it."

(8.) "The Reply of the Englis Commissioners presentit the xix of Aprile 1572." [Copy of No. 253 in Scotch.]

(9.) "The Answer to the Reply of the Englishe Commissioners."

Upon consideration of the reply received from you on the 19th of April, we find that in the most things mentioned in our answer, you conceive rightly the state of the cause and our meaning, which gives us good cause further to explain our minds for the Queen's majesty's better satisfaction etc. Now we say—as we have ever said—"that we lufe na earthlie thing bettir nor inward peax in this troublous state," and we have been and are most willing to yield to her majesty's godly and honourable motions, which course we have never altered, neither look we that her highness shall change her wonted care for the King our sovereign, and her favour towards this State and us. For the first two articles, we take the substance of them to be the Queen's majesty's "deliberat" meaning, and not to be called anywise in question, but first of all must be yielded unto in terms "at lest conditionaly," so that the "remanent" articles shall be agreed upon; for, as they must be placed first in the order of the treaty, so without the same the order in treating "salbe preposterous and nevir able to tak gude effect"; the final end whereof tending to this—"that thay mon be the Kingis subjectis, quhais obedience thay mon profes befoir he in honnoure grant ony thing to thair favour" etc.

(1) (2) and (3) For the first, second, and third articles, we find no such difference betwixt you and us but that we are like enough fully to agree thereon—yea, even for a reasonable order for the Duke etc. (4) (Trust they have already given good reasons why a law of oblivion should not pass.) We like well enough the words 'for not obeying' in place of 'for their tressonable resisting.' For they truly yielding to the King's obedience, "it sall satisfie ws in how myld termes thair remissiones be formed, contening alwyse the actionis." That we should forget or forgive the murders is against justice and honour, in doing whereof "we suld underly a perignominie as the vincust— the persecutioun of the murthers being the grund of oure quarrell, quhilk every quhair hes bene thocht godlie and honorable," and so besides the "blude and guides" of our dear friends and servants spent from the beginning of these troubles. The disobedients (admitting there was equality) would have advantage of us of the three chief murders, which we trust her majesty will never think good to be put in oblivion. It is also to be doubted what the King, coming to maturity of age, would think if we should pass with silence the murders of his father, his grandfather, and his uncle, etc. (5) We can be content with it in form as it is "proponit" by you. (6) We trust we have already satisfied you in reason. (7) There is no difference betwixt our words and meanings. (8) We have said that which we trust satisfies you, adding this much,—that although men removed from offices have been restored, yet we may say none were restored by contract with the Prince on condition to continue in the same, but as good deserving merited the office, so good deserving may continue the possessor therein according as the Prince shall find his worthiness and affection to serve in that charge, the same not being heritable. (9) You consider "weill and richtlie" that there may be great difference between the parties and diversity of the crimes, for the same consideration moved us in the preface of our answer. (10) [Affirm with them that when peace is concluded it will be necessary that wise men shall be appointed to compone to put away all such controversies as they write of.] (11) and (12) There is nothing to be further debated. (13) We conceive the difficulty of winning the Castle by force, and are sorry there should be so great occasion to "sute" it that way, whereunto we would be "laith" if we could devise any means how it might remain as it does with surety of the King and his estate. But "louking narrowly in the mater," in the end we find that as the Laird of Grange, by means of that house, has been the chief, and almost the only instrument of the beginning and continuance of the late troubles and war in Scotland now by the space of a complete year and more, so can there be no end thereof with surety to the King and us, the Castle remaining in his power. "For quhat uther faith can he now gif for his obedience to the King bot that quhilk he hes already violat, using the hous and ordinance being thairin that was committit to him for the suirty of the King and thame professing his obedience to the direct contrary end, as the progress of his actiones hes declarit." If he should continue in possession of the house, the people thinking him thoroughly victorious "suld esteme he had defendit a just actioun," and that we were in culpa. His faction would remain "undissolvit," and be always ready to make revolt and new defection upon every occasion, having the commodity of that house to convene themselves into. The ordinary justice "behuvit" to be transferred from Edinburgh—as it has been these twelve months past—the inhabitants of the town might not hazard to abide therein upon his faith, and under his mercy, he having already so far "dippit" in their blood, lands, and goods without respect of promise. "It wer not able for ony recompens to have the hous obedient to the King, he commanding in it, nor zit is it in the habilitie of ony now in Scotland to mak him sa gude cause as he quha pat the hous in his handes, and how he hes answerit the expectatioun then had of him, the warld may juge." The "ordinar" magistrates of the town might not freely execute justice upon offenders, the Castle remaining with him etc. He will hold all the subjects' bounds between Striveling and Berwick tributers to him, fearing to offend him for the harm he might do to them when he renewed the war, for before his "oppin defectioun" he "sa braggit" in his letters sent to Lord Fleming, and he has left nothing undone that he could to perform the same. The Regent nor any noblemen nor others "that hes opponit thame to his rebellioun" could have surety to remain within Edinburgh, but should always be in like danger of Grange and the Castle. He would not make ceremony to set offenders at liberty, who by the Regent's commandment might be put in ward within the Castle, as he did with those whom he had in ward after the murder of the Regent his master, as also some hostages for the thieves. He would make the Castle a "recept" to all "declarit traitoures" against the King's authority, and take upon him their safety, without regard of the Regent and the King's Council, as he used in the winter 1570. He would at his pleasure "convocat his fautoris and confederatis to the castell to attempt quhatsoevir he liked," without respect of his duty or promise of his obedience to the King's authority, as he attempted at several times afore—especially against the "craftismen" of Edinburgh when he was offended with them, and likewise in the same winter after the "breking and ryding of his man furth of the Tolbuith of the same fra the justice." He would still privately entertain men of war, and a great faction of the townsmen at his devotion, "as he usit lang befoir he schew him oppinlie aganis the Kingis auctoritie," and would have them always ready to enter into the Castle when he thought good to revolt etc. Hostages for him could serve to no purpose, for, as soon as he was ready to revolt or take advantage, he might make interruption in the town or other parts where he thought meetest, "and tak the personis of many ma noblemen and utheris unarmed and trusting in the peax, nor wald releise his pleges." And to think that he can be answerable for a matter of such moment as the Castle (his condition and former behaviour considered) "hes na probabilitie," for his faith and honesty being "spottit," it cannot be better trusted in time coming than he has given cause in time past. It appears also that his "cair" is only for his own life, "sen he hes litle uther thing to tyne," (fn. 14) his living and patrimony (although mean) being consumed, his "apperant successioun" transferred to another race, and his present gains greater by troubles and division in respect of the said Castle and foreign Princes' support, than if quietness were. And whereas it may be thought that Grange can have no surety rendering the Castle, and that in holding of it he persuades himself that any time he may make his own peace, we must answer that in so doing he passes the bounds of a subject etc.; and that the surety of the King ought to be preferred to Grange's, or any of his confederates'. They of duty must "ressoning convenient suirty," and he in honour cannot offer unto them, being his subjects, nor permit that which has been the occasion of the war to remain in their power in respect of things past, and likelihood of time to come. And besides we trust her majesty shall never allow or admit of a matter so prejudical for the King in the pacification as that the Castle of Edinburgh shall remain in the power of those who have so evil deserved. The remaining of the Castle of Edinburgh in Grange's hands can nowise accord all debates present, "bot sall gif him and his confideratis a brething tyme, the bettir to mak provisioun for the renovatioun of the weir," which now is difficult for them to do as long as we stand on our guard not "truisting" in them; and the rather are we moved thus to write, for that we have lately discovered their intention "nawyse to tend to peax," thinking any extremity more tolerable for them than that they yield to the obedience of the King. (14) and (15) We differ not. (16) We trust you are satisfied with our former answer. We are always ready to confer and treat thereanent, but, as we said before, it can hardly take any effect till her majesty resolves with herself if she is satisfied with the answer and dealing of the King's disobedient subjects, or finds reason offered by them whereupon a sure and honourable peace may be passed. In which case we have a way to deal, otherwise if her highness condemns their obstinacy and is "deliberat" to deal no further with them by treaty, "oure desires mon tend to other end." For the honour of either party "specifeit" in your conclusion, we shall be loth that the matter leave off in default of anything lying in us, which in honour and reason we may yield unto, "bot thair may not be ane equalitie betuix the King and his subjectis" etc.

Touching your motion whether you can be content and will allow that such things as remain yet undecided in this cause may be referred to the judgment of the Queen's majesty,—we answer that we "tak the mater to be further procedit with hir majestie then zour motioun seames to import"; for we understand that to be resolved and fully "deliberat" upon with her highness, which our adversaries would call in doubt, that is, the continuance of the King's authority and present regiment, which her highness means to maintain, as we have always thought, upon that which we received from her by letters and otherwise, her highness and you lack not information and knowledge of the state of the cause. And, therefore, upon the first hearing of it, we look that her highness shall not think it convenient longer to stay her determination, having "sparit" so long time in seeking the pacification by gentle admonitions and favourable means, but laying aside all indifference will plainly follow forth her former resolution, and by open maintenance of the King will indeed see his obstinate rebels and the troubles of the state of both the countries "repressit," which maintenance her highness publicly professing, and declaring to the world her determination in the matter of this State, cannot be "impedit" by any of the subjects of this State.

32 pp. Closely written in a Scottish hand. Indorsed: "A Copye of suche articles and other matters as was exhybited by the Marshall of Berwyck and M^r Randall too my L. Regentes grace for pacyfyeing the controversies in Scotland."

276. Thomas Randolph to Burghley. [April 29.]

Has nothing more to write in commendation of this bearer, his old friend Captain Cockburn, than that which of old his lordship knows—how well he has deserved in goodwill towards all men of England where he could show any pleasure, and now having taken his leave, as he says, for ever, of Scotland, desires passing through England to kiss her majesty's hand, and to do his duty to Burghley and others his good lords and friends there, and so to end his life in France, where he may both better live upon that which he has there, and also do better service to his country than if he were continually present among his countrymen, where so great account is not made of him as he has deserved. Berwick. Signed: Tho. Randolphe.

½ p. Holograph. Addressed. Indorsed (by Burghley's clerk).

277. Reply of the Regent Mar to Elizabeth's Commissioners. [April 29.]

[Copy of the last part of No. 275.] Commences:—"Upoun consideratioun of the reply ressavit from zow the nyntene day of Aprile."

5½ pp. Closely written. Indorsed by Burghley: "29 Aprill 1572. Answer from the Regent to the reply of the Queen's Commissioners rece. at Grenwych 6 May."

Cott. Calig., C.III., fol. 323.

Another copy of the same.

Lansd. MSS., Vol. XV., fol. 33.

Another copy.

278. Alexander Hay to Thomas Randolph. [April 30.] Lansd. MSS., Vol. XV., fol. 25.

I could not have the leisure when your servant was here to recommend my lawful service to you by "write," which fault, although I be now minded to amend, yet have I little or nothing to write that is not already written to you by my Lord of Mortoun, or that the sufficiency of this messenger shall not declare by speech. You will perceive by the notes sent you upon your reply left with us, that we are still reasonable, and that the default remains on the part of our adversaries. We must abide your "interloguutour." In the mean season it is good to beware, for a man with little pains may procure himself to be hanged either with us or our adversaries, which is now no strange thing to hear of. What end this dealing will draw things unto, God knows. The cause why we want so long this most reverend Irish father's letters I take to be that my Lord of Buchane minds to bring them with him, for whom we look hourly. You will perceive by the letters which my Lord's grace received, that he carries such "merchandise" as he would not you should be privy to. "Maister" Archibald's [Douglas] letters are all deciphered without himself. No occasion is taken toward him, but [he is] still kept in Striveling, as at your departure. If Captain Cokburne be departed, it is beyond my expectation that he should be so "suddane." If he be, I must pray you "effectuusly" to cause my packet to be hurried to him. My Lord [Regent] has written shortly to the Queen's majesty, but at good length to my Lord Burghley, to be communicated to "his" highness. God give her highness grace that she resolve, and delay no longer to provide both for her own surety and others'. My Lord has also written to my lord ambassador in France, and to Mr. Killegrew. In his former letters to them of the 22nd of February he makes mention of the receipt of the discourse, whereby it appears doubtful whether these letters came to your hands or not. Leith. Signed: S. Hay.

1 p. Holograph. Addressed. Indorsed.

279. The Regent Mar to Elizabeth. [April 30.]

"Pleis it zour Majestie," I doubt not but your commissioners have amply certified your majesty of their proceedings with us "all this quhile that thay have travellit be zour hienes commandiment for pacification of the inward troubles of this realm, as also at quhat poynt thay have left of, alsweill with ws, as with the Kingis dissobedient subjectis our adversaires. Now thair obstinacy knawin, we louke that zour Majestie sall not longar delay to resolve in this cause of Scotland, and quhair favorable admonitionis avalis not, will use the nixt remedy, quhairanent unwilling to trouble zour majestie with lang lettre, I have writtin my mynd sumquhat mair largelie to the Lord Burghley to be communicat to zour hienes at convenient lasyour. Besekand zour Majestie to command that I may knaw zour hienes pleasour and favorable anser thairanent sasone as may be." Leith. Signed: "Zour Ma^ties to command v^t laufull service. Jhon Regent."

⅓ p. Addressed: "To the quenis Ma^tie of England." Indorsed.

280. The Regent Mar to Burghley. [April 30.]

"My verie gude Lord, efter my maist hertlie commendationes." It would rather trouble your lordship than serve for any good purpose to repeat to you in "write" the order of the proceedings betwixt the Queen's majesty's commissioners and us all this while that they have "travellit" by her commandment for pacification of the inward troubles of this realm, not doubting but from time to time they have advertised her majesty of the same, as also of late at what point they have left off as well with us as with the King's disobedient subjects, our adversaries. We look that her majesty will now no longer delay to resolve in this cause of Scotland, for, besides that which her highness and her Council shall be advertised of touching the obstinacy of our said adversaries from pacification and quietness, we have of late discovered their intention to be nowise to yield to the King's obedience, thinking it a point so prejudicial to them, and so dangerous in many respects, "that thair is na extremitie, bot it is bettir for thame to byde it nor to cum to that inconvenient as thay write." So I leave it to her majesty to judge what is next to be done in a matter so "wechtie" and dangerous, not doubting but your lordship will further her majesty's resolution in giving your good advice thereto. I am "laith" to write or do anything which her highness should find fault with, yet I may not conceal from your lordship the danger and state which we professing the King's obedience and observation of the amity with England find ourselves in by her majesty's manner of proceeding, "not onlie tueching the troublit state of this cuntrie, bot evin behalding and hering the order of hir majesties dealing within hir awin realme, tueching provisioun for the suretie of her State, dangerouslie assaultit mony wayes, quhairanent, albeit it may be thocht it become ws not to be curious, zit oure speciall interest in the mater movis me to lament at leist to zour lordship the occasioun of our greif thus familiarlie." For my own part I shall wish of God her majesty neglect not good occasion nor by levity put her State in peril, which, next to herself and her own loving subjects, will "twitche" the King our master and us. Furthermore, I must pray your lordship to consider that it is not possible for us to continue longer in this doubtful and troublous estate, "bot constrenitlie it behuvis to seik for sum end and repose." Our expectation was, by her majesty's means, to have had the matter at a conclusion long before now, and indeed we have had her highness' good countenance, and her favourable aid also, wherefore we humbly thank her. "Bot the same ayd hes nather bene in that quantitie nor bestowit in sic tyme as we loukit, nor as myght satisfie the turne we had in hand," whereby our men of war, wanting payment, could not be employed, and so her highness has been at greater charges, and the war here has been driven to greater length than it needed in case her majesty had sooner "avowit" the maintenance of the King and his authority, and by her forces repressed the rebellion of his disobedient subjects the procurers of the trouble, and "unquietness" of the whole isle; "quhairanent" I must yet pray your lordship in our name "effectuuslie" to move her majesty, and to obtain and send to us her highness' good and speedy answer what certainty we may look for at her majesty's hands touching the end of our long and troublous affairs, "quhilkis hes na liklyhoode to be done with treaty," and in the meantime, till the matter ceases either by victory or an honourable and sure peace, if we shall have her majesty's support of money for entertainment of our men of war "alsweill of that quhilk restis awand to thame as in tyme to cum." Our adversaries are aided daily, and we are certain that there are three score thousand crowns of the Pope's money lying in Flanders, "destinat" for the entertainment of this rebellion in Scotland against the King. "Howbeit that be not the finall intentioun, but rather a pathway be owerthrawing of the trew religioun and the Kingis authoritie to erect first heir the tyrannie and superstitioun of the Paip and Spayn, quhilk with tyme can not but annoy hir hienes estate and the godlie [ ] in baith the realmez." This practice is not now in conjecture, but divers ways "disclosit," and ready for the execution, "and amangis utheris, I truist thair be ane fallin in our handes passing throw this cuntrie from Ireland to Flanders that sall gif sum further licht thairof." He avowed himself the King of Spain's man, and calls himself Mauricius Cassellensis archiepiscopus, "quhomeanent" we would be glad to understand her majesty's mind, which I will also pray your lordship to "expeid" unto us, as also of the "remanent" matters before mentioned, for we have depended, as your lordship knows, only upon her highness' favour. We have sought no other friendship, support, or maintenance. We have [left] and shall leave nothing undone that may give her highness "pruif" and assurance of our goodwill, and now crave but that her majesty resolve as well toward her own surety as our, and let us not in the mean season be destitute of her support and comfort. Herein I have plainly written my meaning to your lordship to be "communicat" to her highness. Leith. Signed: Jhon Regent.

1⅓ pp. Addressed. Indorsed (by Burghley's clerk).

281. Elizabeth to Hunsdon. [April 30.]

Though we have been occasioned to agree that La Crocque shall, with our licence, repair thither, as the French King has instantly desired us, pretending only that he means to do nothing but jointly with us and our ministers to reduce the realm of Scotland to accord and peace, which also we have cause to desire, and yet it may be that the means intended on our two parts may be different, and therein we have plainly let the King understand, and his ministers here also, that we have just cause to maintain the King's estate, and to reduce all the subjects to the obedience of him; and that both because he is so established by the laws and Parliaments of that realm; and for that also we cannot endure that the Queen of Scots should be restored to the crown, for just respects grown by her evil demerits against us,—and we are in hope that La Crocq will not at least, if he keeps promise, he may not labour to the contrary,—we have ordered that Sir William Drury shall join with him, to whom we send our instructions and letters, by which we have willed him to impart all the same to you, and by your advice and direction to proceed in this charge, not doubting but you will, as heretofore you have done, employ all your endeavour to bring these matters to some speedy end, if it were possible, before La Crocq's going thither, who does not pass hence before the 2nd of May, and, as he says, shall not be able to arrive there under 10 days travel. We wish you to use him courteously, and the rather as we have newly concluded a league of amity with the French King, wherein there is an article concluded touching Scotland, the copy whereof we send you, which, when they of the Castle shall perceive, they shall see some occasion to incline themselves to our motions of peace, and so beware how they maintain our rebels. Our meaning is that Thomas Randolph shall return as soon as he may, except you find very necessary cause to stay him for our service there.

1 p. Draft in Burghley's hand. Indorsed (by Burghley's clerk): "Ult Aprilis 1572. M. to the L. of Hunsdon." Some writing relating to Dover inside the flyleaf, which is torn.

282. Mary to Elizabeth. [April 30.] C.P., Vol. VIII.

Madam, it has pleased you heretofore to tell me that you would make answer to my letters if there should be anything that deserved it. Wherefore I have sought to accommodate those which I have written to you since, in order to render them worthy of you, and to move you, if it were possible, to consider them, and not to esteem them altogether vain and frivolous. But I have gained nothing thereby, for nothing has followed but your accustomed silence; and although I do not find that I have a new subject, but new occasions which increase that of which I have made as many lamentations and complaints to you as I am able, so cannot I keep myself from writing to you once again, not in order to importune you with the repetition of my letters, but to beg you (if I can deserve so much of you) to declare to me the fault which you find there; for of myself I cannot guess or think it. Only will I suggest to you that, in whatever sort it pleases you to resolve to treat with me, or not, to accept my reasonable offers, or to reject them altogether, it is time that you take an expedient to suffer me to have some apparel and other necessities—such at least as are permitted to prisoners: also, by my last [letter] of the 14th of March I had briefly touched some points to which if you please you will have regard. For the rest, madam, being detained in your hands, where I did myself of my own will, in good faith and under the hope of the amity which you had promised me, and finding myself finally reduced to such extremity that you do not allow to any of my people, ambassador or other, to have access to you (whence I do doubt not it happens that my adversaries take the opportunity and endeavour to hurt and thwart me, especially in the right of the succession after you), I am constrained by this letter, not having other means, to protest that if anything is pretended in any parliament to the prejudice of my right after you, my intention is to oppose and debate it in the assembly of the said parliament by myself or my deputies when it shall be permitted to me, there to present or cause to be presented to you a humble request. I am quite mindful, as you know, of the good and equitable demonstration which heretofore it has already pleased you to make for me on a like occasion, when I was at liberty amongst my subjects in my realm, and that it was lawful for me to send ambassadors into this country for that purpose; and now that you hold me thus in your power, I think that you will not favour less than you did then, justice both in regard of your nearness of blood and charge. I would have written to you with my own hand, according to my custom, in order to beg you herein as I do by the present, which will it please you to excuse, but I am so ill from several accidents which have come upon me lately, and especially from a cold (catarre) which has affected one arm, that I am not able to help myself, and it is impossible to write, and if I did not fear to importune you too much, I would make a request to you to allow me to go to Bogston [Buxton] well, which is near here, with such order as it would please you to ordain, which I think would give ease to it, and to my side, with which I am very much tormented. Sheffield. Signed: "Vottre bien affectionnee bonne sœur et cousine, Marie R."

1 p. French. Written by a secretary. Addressed: "A la Royne d'Angleterre madame ma bonne sœur." Indorsement illegible. No flyleaf.

283. Elizabeth to Thomas Randolph. [April 30.]

Having by her order travailed for a long time in Scotland to reduce the parties there to concord, and to have the King's estate established, and as the parties are not willing thereto, she is pleased, for his satisfaction and relief, to license him to return, having ordered that Sir William Drury shall join with La Crocque.

⅓ p. Draft in Burghley's hand. Indorsed (by Burghley's clerk): Ult° Aprilis 1572. M. to M^r Randolph licencing him to com out of Scotland."

284. Elizabeth to Drury. [April 30.]

Before she had knowledge of his and Thomas Randolph's return from Scotland to Berwick, she had, upon frequent solicitation of the French ambassador here resident and Le Croc, condescended that La Crocq should have licence to repair thither and to join with him in the negotiation pretended to make an abstinence of hostility in Scotland, whereupon she caused instructions to be conceived in writing for his direction how to join with Le Croc, and those being signified, and he daily expecting her safe-conduct, she received letters from Lord Hunsdon together with Drury's to him, and copies of such articles as he had propounded to either party, with their answers etc., and seeing much untowardness in both parties, only for their particular respects—in the King's side a vehement desire to keep the things which they have acquired in these troublous times, and in the other a like desire to recover those things which they have lost,—but considering that her part is principally to regard the public weal of the country, and the establishing of the King's estate without partial leaning to either part, she has caused the articles propounded by him to be considered, and a brief summary to be made thereof, and thereto has briefly "apostelled" by marginal notes what for the time she thinks reasonable, and thereof has made Le Croc privy, and so also has she done of the instructions which he [Drury] shall now receive.

Her meaning is that at his coming to Berwick he shall confer with him upon the same, and if he can induce him, in respect of the adventures that he found—which may also be as dangerous for him [Le Croc]—to remain at Berwick, and to procure that some persons to be chosen on both sides might come thither to treat with him [Drury], she would be very glad; and so he has been here advised. Although he shall do well to use all good courtesy towards Le Croc, she doubts not but he will well beware of his negotiation, and direct himself in all things to his power to maintain the estate of the King, and to reduce all persons to the recognition of him, and yet to deal so with the principal persons of the King's party that the dissension be not continued for any private respects of hatred or gain.

Although she has noted in the "apostellations" what she thinks reasonable, yet she does not thereby so bind him but if upon further matter shown to him he shall think it reasonable to press or yield to the one or the other anything different from her notes, he shall do it, so as he observes that the authority of the King of Scots may be generally acknowledged, and the civil war cease, for it is the scope whereunto she directs all her intentions. Is of opinion that if Lethington might be satisfied with opinion of surety and restitution of his lands and estates, and Grange either permitted to continue officer of the Castle, or have in recompense the Priory of St Andrews, the rest might easily be accorded. He shall do well to labour earnestly with the Regent herein to provoke him to incline as much as he may, with surety of the King, to win those two. Wishes that these parties might be reduced to concord before Le Croc's coming.

2²/3 pp. In Burghley's hand. Indorsed (by Burghley's clerk): "Ult° Aprilis 1572. M. of the Q. Ma^ties lettres to S^r W^m Drury."

285. Instructions for Drury. [April 30.]

Whereas the Queen's majesty has for a long time most earnestly desired to procure some good end to the troubles and civil dissensions in Scotland, and has therein used many good means by sending her ministers thither to treat with both parties for that purpose, and had intended to have given some reasonable aid by force for the preservation and defence of the person of the King, and maintenance of his estate, according to the general consent of the three Estates of the same realm agreed upon in Parliament, and so these many years recognised by the greatest part of that realm, her majesty perceiving the like good intention in the French King by his messages and earnest dealings with her ambassadors in France, so far as to establish a good peace and repose in that realm, and to bring the civil war and division to an end—has thought it very agreeable, as well for amity that is betwixt the said King and her, wherein their profession is to join together in all good and honourable actions, as for the love which both of them have and ought to bear as Christian monarchs to the maintenance of that realm in peace, and to be free from all attempts of any strange nations, that their majesties might commence by their ambassadors in so Christian and godly a work. Wherefore, her majesty having very lately understood from the French King that he meant not otherwise to deal in the composition of those discords but as should be found meet by the ministers of their two majesties, and to that end has sent Mons. La Crocque into this realm to confer with her hereupon, and after that to pass into Scotland with such one of her ministers as it should please her to send, and jointly together to notify to the Estates of Scotland the good and perfect amity and sincere intelligence that is betwixt their majesties, and so thereafter to procure by all good means to pacify and accord the said Estates, and to put end to the civil war; hereupon her majesty has accordingly had conferences with the Sieur La Moth and La Crocque, and finding the sincere intention of the French King to be only directed to cease the civil wars in Scotland, and to have no other private respect herein, but to the continuance of good amity with that crown and State, and also to conserve the like amity betwixt the Queen's majesty and the said realm, and so, consequently, to show a joint affection with her majesty towards that realm, whereby the bond may be triple betwixt the three crowns, she has accorded to allow very well of all this good motion, and the passage of Mons. La Crocque into Scotland, and to ordain that one of her ministers who have of late been acquainted with the state of Scotland shall accompany him, and deal jointly with him to stay the civil war and compound the controversies, and reduce them to union, and for this end has made choice of Sir William Drury, knight, for that she has some other cause to provoke Thomas Randolph and to employ him here about her; and to the intent that the said Sir William Drury shall use the most expedition herein without calling him to her presence—whereby time would be lost—her majesty, by this present writing, in manner above expressed, imparts to him more at large the occasions of this joint embassage, and, for his instruction, first informs him of the substance of the instruments given by the French King to Mons. La Crocque, as the same have been by order of the French King, showed to her and her Council, signed by the said King, like as her majesty has also imparted to the said La Crocque all that is contained in the instructions for Sir William Drury, to the intent that the said ministers may understand the good intentions of both the said Princes, and so the better and with more speed conduct their negotiations.

The contents of the French King's instructions to La Crocque.

When Sir William Drury has well considered the instructions given to La Crocque—a copy whereof he shall receive herewith—he shall also inform him in what estate he understands the dissension and discord in Scotland rest, and by what means they two together may procure an abstinence of war, and he shall therein do his uttermost—either jointly with La Crocque, or apart if La Crocque shall so think it good for the purpose—with either party to yield to a surcease of hostility for some reasonable time, whereunto there are so many reasons apparent to all men that it needs not to make any long recital; for, if no other body should move them to it, the lamentable beholding with their own eyes of the daily calamities amongst themselves, the daily blood-shedding of their own nation, the cries of children, fathers, mothers, widows, orphans, servants and such like, for the slaughters of their best friends, yea the continual daily dangers of those who yet live being as subject to death as those who are already slain, ought to stir them to yield and put up their swords, which they make bloody in their own bowels. And though some of the heads of the one side or the other may be found obstinate, or have herein, or shall use some particular reasons in respect of their own surety, and allege some former breaches of trusts, yet they ought to consider that, since the French King and her majesty at this time interpone their authority jointly, and will and shall become protectors and conservators both of the truce and of the peace to be established, there were no such scruple or doubt to be made as before has been; and to that end the said Sir William Drury shall join with Mons. La Crocque, and boldly use her majesty's name with the French King's both to exhort them and to promise on both their honours that they will avenge any breach of the truce on the person of any that shall offend therein. And whereas her majesty understands that it has been reasonably required that the town of Edinburgh might during the abstinence be made free from men of war, and become patent for all persons peaceably to resort to the same, there is no cause why the same should not be granted, and the like to be accorded on the other part for the town of Leith. And because Sir William Drury has jointly had former instructions with Mr. Thomas Randolph from her majesty both to procure an abstinence and to reduce all the subjects to one uniform obedience, and has therein proceeded, wherein Sir William Drury can best tell how he and his colleague have therein proceeded, and where they have found the impediments, therefore, to proceed further herein jointly with La Crocque, Sir William Drury shall communicate to La Crocque his former proceedings, so as they may jointly devise how to proceed as well to procure a surceasance of the hostility as to induce either party to yield to that which they shall find reasonable for making an accord and union; and in whomsoever they shall find wilfulness with them, they shall deal so plainly as both they may understand their own faults, and the rest of the nation may know that the lack of peace grows by their obstinacy, and Sir William Drury shall for his better instruction well observe in all his negotiations the contents of an article here next following, which her majesty caused to be imparted both to La Crocque and the French ambassador here resident, as that which she thought very reasonable for all parties; whereto they both have answered, that if her majesty will insert the substance of the same into the instrument that her ambassador shall have, La Crocque will neither "go" nor speak anything directly or indirectly to the contrary, and therefore her majesty doubts not but by their good dealings the parties at division will be brought to accord amongst themselves. [The article is not included in this document.]

5½ pp. Draft in Burghley's hand. Indorsed: "April 1572, for s^r Wm. Drury."

Cott. Calig., C.III., fol. 291.

Copy of the same.

286. Instructions for Drury. [April 30.]

Copy of the first portion of No. 285, with a few corrections in Burghley's hand.

1²/3 pp. No indorsement.

287. Inconveniences produced by Elizabeth's delays. [April.] Cott. Calig., C.III., fol. 457.

"Certen matters wherein the Queen's Majesty's forbearing and delayes hath produced not only inconveniences and incress of expences, but also dangers."

First of all;—her majesty's coldness, and forbearing from the beginning of her reign to proceed in marriage has wrought great decay to her reputation, and weakened her estate in such sort that of no one cause alone so many evils and dangerous effects have hitherto proceeded, and are daily like so to in[crease] that no convenient remedy can be therefor devised. The brief notes thereof may be these. (1) Lack of comfort which all Princes have had of children. (2) Discomfort to all her good servants and subjects that wished to have dev[oted] the blood of their children and posterity to have served and obeyed the children and royal blood of her body. (3) Doubtfulness in foreign Princes to contract and establish amity otherwise than to serve their own turns, for that th[ey] will not neglect the retaining in favour of such as they . . . are most like to succeed, as, for example, the Queen of Scots. (4) The continual and daily revolting of some secretly, the . . . whereof are not to be known of others openly—partly by re . . . partly by pretence of religion,—so that, if stay be not provided, her majesty shall be deprived of the multitude of her subjects, and if occasion shall move her to use and to try them, it shall be a hard matter to make account . . . may trust; which is so dangerous that it is to any . . . person as terrible to think of, as for a private person to imagine that he cannot tell how to sleep surely in his own house.

Secondly;—her majesty has from the beginning showed her natural disposition to be such towards her subjects in the cause of religion that they who have been "repugnant or mislykous of hir relligion," have not lacked her favour, so that these inconveniences have followed. (1) The favourers of her religion both in ecclesiastical ministry and in civil government have been evil regarded, and in many things slandered, and, at the least, hindered. (2) The contrary have persisted in their obstinacy, and have increased their number in all places, both in their own families and in towns and countries, so that her majesty cannot account that in thirteen years' government she has increased, but rather diminished her number of favourers of her religion, and that by example is to be seen in that for the space of nine or ten years her government had no outward show of repining, but about the eleventh and twelfth year numbers received the Pope's bull, departed from their allegiance, and in the end grew so bold that in the north they made an open rebellion of 8000 or 10,000 persons openly in field, and how many more were thereto either consenting or allowing in the rest is uncomfortable to be counted, and of some proof was the intended rebellion in Norfolk, the notorious murmur and practices in Lancashire and Staffordshire.

The third;—as the continual doubtful dealing with the Queen of Scots, with whom her majesty from the beginning, since she challenged her crown from [her] head, has dealt in such sort that it may be seen she meant to reclaim her by gentleness and benefit. (1) She is reputed in the realm by the great number of such as are disposed to consider of so weighty a matter as the succession of the crown is, to be the next heir to the Queen's majesty, and hard it is to guess by how many she is accounted to have a present right to that crown, and that she lacks but force to bring her to the crown. But sure it is that all they who do . . . and think that the church of Rome hath superiority [in] this realm do undoubtfully hold her to be in . . . rig . . . Queen of this realm. Add to these all such [as] for malice, envy or misliking desire a change; and so the number is greater than there is reason to [be] known, "ether to them selves for ther encoraging, although they use slyghtes for that purpose or to the good . . . for ther discouragyng." (2) She is now become of that reputation that it is seen the King [of] Spain seeks her to be assured to him, and the French King is so jealous thereof that, though he does not entirely like her, yet he dare not nor will not overtly do anything a[gainst] her. (3) She daily wins the hearts of her majesty's subjects from her a[nd] is able, being as a prisoner, to corrupt such as have charge.

The fourth is the doubtful dealing with Scotland, forbearing to aid directly the King, whose party is wholly for the Queen's majesty, and suffering the contrary party to stand in strength; and yet [there is] no Prince abroad nor wise person in England but well understands that her majesty covertly aids the one, and willingly hinders the other, but in such sort that neither is the one the better nor the other the worse:—whereof these inconveniences follow. (1) Her majesty cannot be assured of any of the parties. The one knows that her benefits are so covertly bestowed [that] they take not the benefits thereof as they should, nor yet do they esteem the same to come of goodwill, but of some necessity for herself. (2) The cause of Scotland is by this coldness drawn to such length that truly the calamities thereof—which are many ways bloody—cannot be avoided in the sight of God to be imputed to her majesty. (3) If Scotland shall either be recovered to Spain or to France, and the labours and charges of thirteen years spent to tie that realm to England in friendship shall be lost surely to all posterity, great shame will be recorded of her majesty's lack of conduct in losing such an occasion as these 500 years the crown of England had not at commandment. (4) The charges are greater by prolonging, and the profit less than if her majesty had proceeded openly.

The fifth is, that her majesty does not follow the example of her father nor of her grandfather in erecting and advancing to estates and degrees multitudes of chosen and faithful persons to assure herself thereby not only of a strength, but to make her kingdom more glorious, and so, consequently, comfortable: the inconveniences of which are these. (1) She has the less assemblies of persons of honour and degrees in whom she may put her trust and comfort. (2) She is thereby occasioned to use many others whom she cannot so assuredly nor so boldly use in her services. (3) Her people in countries are the more by su . . . have been made noble by others, "wher if they have noble men of hir creation to obey, they shuld wedd directly to hir service." (4) It is some disgrace to the majesty of her time that, seeing the realm lacks by sundry occasions in many shires that number of noblemen that it had in her father's, brother's, and sister's time, it is disfurnished of principal "persons to govern hir people, by lack . . . that hir majesty doth not by ennoblyng of men and avancyng . . . to degrees replenish the lack which may also be done in many parts without hir charges."

5 pp. In Burghley's hand. Indorsed: "Apr. 1572. Memor." Edges damaged.

288. Charges against Mary. [April.] Cott. Calig., C.III., fol. 234.

"Five causes sewed against the Queen of Scotts."

First;—claim to the crown of England in possession, with refusal and delay to remove the same. Giving of the arms of England without difference in "schutchions," coat-arms, plate, altar-clothes, "which were openly seen at the triumph—writing of the style of England, Scotland, France, and Ireland in letters patent, during her coverture"; and after, a pedigree conveying her three ways to the crown; one as descending from the eldest daughter of King Henry the seventh; another from the Duke of Somerset; the third from a daughter of Edmund, before the conquest.

The second;—seeking a marriage with the Duke of Norfolk to advance that title in[to] possession. Part of the matters whereof the Duke of Norfolk was indicted, arraigned, and condemned, which was alleged as proof sufficient—her advice to perform the marriage by force.

The third;—the procurement of the late rebellion in the north by messages to and from the Earl of Northumberland sent by them, Thomas Bishop and his son, and by Hamlyn. Oswald Wylkinson sent to the Spanish ambassador, and brought to him by the bishop of Ross, to whom he was directed to procure aid of men and money for the rebellion. The fear she had, and sorrow when she heard the Earl of Northumberland was taken by the Earl of Sussex.

The fourth;—relieving the rebels after they fled. She procured 12,000 crowns from the Pope, whereof, by her order, 6000 were distributed, viz., to the Earl of Westmorland 2000, the Countess of Northumberland 2000, Leonard Dacres, Norton, Markenfeld and the rest in Flanders 2000. The receiving and entertainment of the rebels in Scotland at their first flying, by her friends only.

Fifth;—her long letter in cipher to the bishop of Ross, wherein she discourses her estate, and shows many causes not to trust on England, Scotland, or France, resting at last upon Spain. Her opinion to send an express messenger to solicit the Pope and King of Spain. Her choice of Rodolphi, the Pope's secret agent in England. The going of Rodolphi first to the Duke of Alva, then to the Pope, and after to Spain with instructions, whereunto the Duke of Norfolk, the Spanish ambassador, and the bishop of Ross were privy. The sum of his message was to procure 10,000 men to arrive in England, and to join with the Duke and his friends: the port was Harwich, in Essex, for nearness to Norfolk. John, Duke of Alva, promised to further the same. Rodolphi wrote three letters in cipher,—one to the bishop of Ross, one to the Duke of Norfolk entitled "40," and one to Lord Lumley, entitled "30," declaring the Duke's answer. The pope wrote two letters,—one to the Queen of Scots, and one to the Duke in cipher, promising aid. The bishop of Ross has confessed all this and the whole practice in a letter which he sent to the Queen of Scots since he was in the Tower. Her travail with Rolleson, Hall, Sir Thomas Stanley, and Sir Thomas Gerrard for her escape by force. Rolleson's confession of their intent to proclaim her after her escape King and Queen of England.

2 pp. At the head: "1572."

289. Notes on Articles. [April.]

"A brefe note of that which seemith resonable in the Articles following untill som furder mater may appear to move the change herof."

[Summary of the same answers as No. 267, omitting the 16th.]

1¼ pp. Indorsed: "The answers to the articles propounded in Scotland April 1572."

290. Notes on Articles. [April.]

Copy of No. 289 in French.

1 p. Indorsed: "Articles proposes en Ecosse"; and by Burghley: "Aprill 1572."

Cott. Calig., C.III., fol. 461.

Another copy.

291. Summary of Articles. [April.]

"Summaire des articles proposez aux deux partyes."

[Abstracts of No. 233 and the additions to be made to the same by the Castle party, as in No. 238.]

1²/3 pp. French. Indorsed: "Articles proposez en Escosse."

292. Treaty between Elizabeth and Charles IX. [April.]

To permit the young King to continue in the estate wherein the laws and orders of Scotland have established him. It is necessary for France and England to settle Scotland in peace etc.

3 pp. 18th century copy. Indorsed: "1572. Consideration of the matter of Scotland for both party Fr. and Engl."

293. The French King's intent towards Scotland. [April.]

"Advertisementes of the Frenche Kinges intent towardes Scotl. geven by him whom your Lordship willed to repaire unto me; with whom I have dealte in suche sorte as your Lordship advised me."

Imprimis; Verac was despatched from Paris into Scotland again, and to be landed in Aberdeen. Verac complained to the King, saying that he had been in Scotland two years, and had seen none of his friends, beseeching his majesty to license him to go to Bordeaux for 20 days to see his brother; which was granted to him. The King thought it good to send away Mr. James Kirkaldy, Grange's brother, with 10,000 francs, because it was told the King that Mr. Killegrew was there abiding to win all the Lords in the Castle with Grange to the Queen of England. Mons. Le Croc showed to the King that the Earl of Morton was as good or a better Englishman than any born in England. In the meantime advice came out of England certifying the King that the Duke of Hamilton had already condescended to the Queen's majesty of England, and that her grace had promised by letters to maintain him and the King of Scots' action, and given her faith thereunto. Upon this advertisement Mr. James [Kirkaldy] was stayed, believing that the Duke could only do this by the advice of Lethington and Grange. This continued for 10 days; in which time they sent to Dieppe to know what Scottish ships were lately arrived that could export the truth of the state of Scotland, the King saying he would not waste his money in vain. A barque presently came out of Scotland which brought to Dieppe one Robert of Melbron, servant to my Lord Duke, to whom it was showed that the King was greatly offended with the Duke, because he hearkened to the Queen of England, contrary to his former promise. Robert certified the contrary, saying that the Duke would not yield to anything against the King's pleasure, or his former promise. Incontinent Robert got horse, and with all diligence made away to Paris, and as soon as the King saw his message he presently despatched Mr. James Kirkaldy, who with speed comes to Newham to Mons, de Sarlenons, governor there, who with all speed goes to the Court after Mr. James's arrival to get his direction; after whose departure to the Court, Mr. James sends a man to Dieppe to the Laird of Waighton, a Scotsman, to come with all speed to him at Newham, and not to make any man privy thereof, but to say that he was going to Paris; to whom Mr. James told that Sarlenons was gone to the Court, and there to receive order for 5000 Frenchmen to go to Scotland, to be embarked under colour to be sent to Rochelle to Monsieur the Duke, and so gave the voice, Mr. James remaining in Newham.

About fifteen days after the coming of Le Croc to Paris came one of out Flanders, called William Sheres, a Scotsman, who brought letters from the Earl of Westmorland and Dacres requiring me to show him Verac's house. The place where Verac lodged was shown him, and they communèd together. After the King had seen his letters Verac said that the King should never have the like time to send forces into Scotland as now, for the Earl of Westmorland and Dacres had promised together that as soon as his majesty should land men they would also land in Scotland, and get divers Englishmen to serve his majesty there. The last time the pinnace came from France to Scotland she brought to the Castle 6000 francs in crowns of the sun, and Verac gave them 2000, which were repaid him at Paris. On Sunday Sandy Ramsey, merchant of Edinburgh, lent Grange 500 crowns, which were repaid at Paris. One Nesbet, merchant of Edinburgh, lent Grange 200 crowns, which were paid at Paris, and told him that if at any time they lent them of the Castle money it should be repaid by the King.

2¼ pp. Indorsed (by Burghley's clerk): "1572. Advertisments touching Scotland."

Cott. Calig., C. III., fol. 297b.

Copy of the same.

294. Thomas Randolph and Drury to Maitland and Grange. [April.] Lansd. MSS., Vol. XV., fol. 41.

We see how little our dealings with you by mouth can do to bring you to that which we know is best for yourselves. Having spent a great deal of time to little effect, we thought good to try another way, which is to prove by our advice in writing if we can win that out of you that by word we are not able to do, because we will leave nothing undone that we may do, or at the least mind to do, so that we be not charged hereafter by you not to have done as much as in friendship we might do. We are commanded to deal with you in two principal points, the one for your obedience to the King, the other to acknowledge the Regent. Against these you allege conscience, honour, and safety. If in all these you be reasonably answered, I trust you will remain satisfied. She whose cause you defend is not worthy to live, having committed so horrible offences—ergo no conscience by order to put her down, and less, not to obey her —least, to maintain her unwise quarrels. This you know yourselves; this you have spoken yourselves; this you have allowed of yourselves when yourselves wrought against her, fought against her, and were the chiefest cause of her apprehension, imprisonment, and demission of crown, with somewhat more that we might say if it were not to grieve you too much herein, "but playnes arguethe frendshipe," and so I too trust you take it. If at that time there was nothing done against conscience, what moves you to take conscience to testify—but also conscience for your defence in setting up of her that hath been the overthrow of your country, shame, and cause of all the misfortunes that have fallen to you, or shall fall if you remain in the will you be of? Can either of you believe that your lives shall be happier under her if she were at home again in her former estate, whom you have so many ways offended, than now it might be under her son, a babe ignorant and without malice or will to revenge, if you dutifully live under him and yield your obedience to him? If you devote the time to come, when he shall be of lawful years, you may well think it easier by good desert in the meantime to obtain his favour at that time, than you can at any time of this woman, whose nature you know how vindictive it is, and presently full of malice (whatsoever you judge of her yourselves), as evil disposed and bent towards you two as to none worse in Scotland, for that you two were the chief occasion of all the calamity, as she has said, that she has fallen into. Yea, Laird of Lethington, by your persuasion to others to apprehend her, to imprison her, yea presently to have taken the life from her, and you Laird of Grange by your solicitation, travail, and labour to bring in others to allow thereof, and to put in execution that which by you, Laird of Lethington, was devised. Set apart, therefore, all conscience in this matter, where we believe that neither of you are touched in this matter so much as you pretend, or would that we should believe; if not in conscience, which is dearest, and wherein man ought to be precise, the much less in honour, in which the world is chiefly respected; and yet we doubt not but that may so be saved, and yourselves be allowed of by all godly and honest men in respect of your country's weal, somewhat to yield your own particular, yea, though to your disadvantage, than to see daily so much blood shed, besides many calamities that men suffer through the occasion of this intestine sedition. Honour is to be respected where justice proceeds. If the cause you defend be unjust, what honour can there be to maintain it? but rather shame and ignominy to stand so long by it as you have done. How unwise it is, if no more could be said, the success of all her practices, of all her attempts, the extremity of all those that hitherto in this action took her part sufficiently manifest. Of these two points, because, in our conscience, you can sooner resolve yourselves than we can sufficiently write of them, receive them to your own considerations, and go to the third, which is the chief, and to you hard, to us not of such difficulty as you make it. Marry, my Laird of Lethington would say, "tu si hic esses, aliter sentires." Truly we are with you in care of mind. We have compassion for your hard state and extremities apparent to ensue. As friends we lament it: as well willers we are careful to provide for it. Thus far therein we may promise, that your state by composition shall be no worse than theirs presently is that have been of your parts and mind with you. Safety to your lives we dare promise; restitution to your lands and livings we dare assure you of, and so to all others who take your parts. What may be done for recovery of your losses, there shall be as much done as lies in us, and so much we dare say, as you yourselves shall be witness, more cannot be done for the recovery of it, wheresoever it be found or be heard of. If you doubt of the Regent's person, you seem to know less now than beforetime you have done, whose honesty towards the world you have allowed of in time past, of whose particular goodwill towards yourselves you have well reported and thought, of whose zeal and love towards the word of God and love to his country no man ever doubted of. What my mistress' advice to him and the reverence he bears to her to follow the same do or may work in him, we find and can assure to ourselves sufficiently that it is such as neither shall his promise be broken to you, nor anything be left undone by him that is in his power to perform. Whatsoever you doubt of my lord of Morton, you shall have the like security of him and "my" mistress to interpose herself so far as in honour and reason she may. "If this be not sufficient by your selves the devisors ye shall find."

4 pp. Draft in Randolph's hand. No indorsement.