Elizabeth: December 1572

488. The Regent Morton to Burghley. [Dec. 1.]

"Richt honourable and my very gude lord," I should but weary you with superfluous repetition by writing that which I am assured shall come to your hands from the Queen's majesty's ambassador here resident, to whom I have delivered my opinion "baith be speche and write." The knowledge of her majesty's meaning has chiefly moved me to accept the charge, resting in assured hope of her favourable protection and maintenance, especially for the present payment of our men of war their bypast wages, "without the quhilk I salbe drevin in mony great inconvenientis." Praying your lordship, therefore, effectuously, as I have heretofore felt your favourable goodwill and friendship before I accepted this charge, and as you have been a special instrument for the continuance of the amity and for the common commodity of both the countries, so to continue in the same disposition, and be a good mean at her majesty's hands that our estate here may be seriously considered and the present necessity relieved with such expedition as possibly and conveniently may be, and I shall always be ready to "pleasure" your lordship to my power in anything that shall lie in me to do. Edinburgh. Signed: James Regent.

½ p. Addressed: "To the right honorable and my very gude Lord, the Lord Heich Thesaurer of England." Indorsed (by Burghley's clerk).

489. Henry Killigrew to Elizabeth. [Dec. 2.]

Received her letter of the 12th of November on the 22nd, at which time there was great practice used to defer the election of a Regent, as may appear by the inclosed copies of letters which were written to that effect. Sent her letter on the 23rd "of this instant" [sic] to the Lords assembled and to the Earl of Morton by Captain Arrington, in whose presence it was read openly, and, though very well liked of, some more present comfort seemed to the bearer to be looked for by the "assistants," whose answer he sends her herewith. The Earl of Morton finding some credit referred to him [Killigrew] in her letter, came to him that night to understand the same; nevertheless he excused himself upon his sickness and desired him to bear with him for a day or two, assuring him that she had as great a care of the King's well-doing and safety, and of himself in particular, as ever, and with such like general speeches all tending to encourage him to take the regency, he parted from him. He continued sick till the 26th, which was the day after Morton was proclaimed Regent, when he found him at good leisure, and discoursed his whole charge with him, according to her instructions, but because he fears to be over tedious to her with repetitions of "quod I and quod he," he sends her his [the Regent's] own "collection" upon consideration of such talk as passed between them. Has sent her letter to the Countess of Marr. Because the abstinence expires on the 6th of this month, he is to travail with both parties for a prorogation till the 31st, during which time he will not fail to attempt to draw on an accord. Edinburgh. Signed: H. Kyllygrew.

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

490. Information against John Norton and others. [Dec. 9.] Lansd. MSS., Vol. XV., fol. 210.

"Articles of informacione exhibitede by William Whartone of Rypoune in the Countie of Yorke, gent., unto the right honorable the Lorde of Burghleye" etc.

Inprimis;—one John Norton, one of the sons of Richard Norton, the rebel, was present with the late Earls of Westmorland and Northumberland at the market cross in Ripon when the traitors' proclamation was there made, as assistant to their traitorous pretence, and three persons in arms attending on him, being his servants, well furnished every one of them with a steel cap, a steel coat, and a bill in his hand, viz., William Flynte, Stephen Foreste, and Christopher Scotte—all dwelling in Ripon.

Item;—the said John Norton departed from the late Earls' company immediately after the said proclamation, both of purpose to leave his house in Ripon and his goods there to be a supply to them, and also, being abroad, to be a necessary instrument to give intelligence to the rebels touching the Queen's proceedings against them.

Item;—he is vehemently suspected to be a singular favourer and a privy supporter of his father, and for this cause and other his evil behaviour Marmaduke Ellerkarre, of Ripon, gent., and the said William Flynte, Stephen, and Christopher are to be thoroughly examined.

Item;—there grew a debate and variance a little before the rebellion betwixt the said John Norton and the said Marmaduke Ellerkarre for the taking up of gunpowder of the merchants of Ripon, which was bought, to be employed against the Queen's majesty by Richard Norton and his adherents. Let the said Ellerkarre be hereof diligently examined.

Item;—one Marmaduke Beckwith, of Haddockestones near Ripon, was an earnest favourer of the said late Earls and their adherents, and was of counsel of the naughty faction, and ever since their departure has been an "apparaunte" of them and their friends, and a secret supporter of "vagante" Papists against the Queen's majesty's proceedings. Let "Rauf" Bell, John Wheateley, and Marmaduke Ellerkarre, of Ripon, be examined hereof.

Item;—it is necessary that the house of Robert Smelte, of Richmond, be diligently searched, and he apprehended and examined both for letters from beyond the seas and also for the receiving and relieving of John Goore, a notorious, wilful, and arrogant traitor. Let John Rudd, of Richmond, be thoroughly examined whether he spoke with Goore or not.

Item;—one John Halle otherwise Cook, of Richmond, can declare touching the said Goore being in Scotland, who brought him into England, by whose means it was done, by whom he was relieved, and what is become of him. This Goore is suspected to be conveyed from place to place by the said Smelte and others of his friends, and kept secretly lurking in corners as a necessary instrument for evil purposes.

Item;—it is very requisite that the houses of Henry Rydley and Thomas Watson, servants of the late Earl of Westmorland, be diligently searched for letters from beyond the seas.

Item;—it is necessary that the house of Richard Gascoigne, of Sedberry [Sedburgh] near Gyllinge, be diligently searched: his wife is one of the daughters of Richard Norton, and is greatly suspected to be a receiver of passengers from beyond the seas and a privy supporter of her father. Signed: pcr me William Wharton.

2 pp. Indorsed (by Burghley's clerk): "9 Dec. 1572. Articles of W^m Wharton against John Norton and others."

491. Maitland and Grange to Drury. [Dec. 9.]

Less appearance of a good end than there was a year ago. Mislike of the Regent as the most unfit instrument to draw on accord. Yielded to many things for his pleasure. When in place of answers they saw him shifted out of commission and another minister employed, they perceived they were to begin again etc. They are not able to do him any pleasure, yet his honest dealing has obliged them thus far, that his credit will be able to lead them as far as any stranger of his calling in Christendom, and somewhat farther. Have heard some whispering that some of their adversaries would have it believed that some further offices of private friendship have passed between him and them, which they take to be done of purpose to make them odious to him. He knows that their adversaries have forged many lies. They are still the same men they were when he dealt with them. Edinburgh Castle. Signed: W. Maitland. W. Kirkardye.

2¼ pp. Copy. In the hand of Drury's secretary. Indorsed: "Copia. 1572. The Ll. of Lyddington and Grange of the ix^th of December."

492. Henry Killigrew to Burghley. [Dec. 10.]

Despatched his servant to the Court on the 4th instant, and since that time he has been occupied about a longer abstinence till the 1st of January. These abstinences serve the Castilians but to drive time. Grange has confessed to Captain Arington the receipt of 2000 crowns by La Croque's son-in-law, and looks for more daily, and [they] have sent two messengers into France for aid, one from Lord Huntly from the north, called the Laird of Esselmounte, and the other from hence, called Stephen Wilsonne, a servant of the bishop of Glasgow. George Douglas reports that the Castle side will come to no accord till they hear from France, and further, that the French King will surely send aid. Gathers great presumption by Lord Hume refusing his castle and lands, whereof he made him an offer, provided he would put his son in hostage to become obedient to the King, who, besides his refusal thereof with that condition, demands damages of 20,000l. sterling, which he hoped to recover one day upon England. Knows not how to deal with these men; they curse him for bringing them to acknowledge the King's authority and his Regent while Le Croque was here. Although to make war were the surest way to prevent the Castilians' devices, yet he finds the Regent and nobility so poor that they are not able to maintain their soldiers without some round sums, and he thinks they begin to doubt of the continuance of her majesty's aid, which may breed danger. This Regent is a shrewd fellow. Fears that "little" Douglas has not come out of France without some offers to him among others. Such as mislike the peace with the condition that the Castle should remain out of the King's hand are followers of the Regent and neighbours to England—men not to be cast away or lost, if it were possible, for they may pleasure or offend England more than Atholl's or Huntly's forces. Upon conference of late with the Regent on peace and war, he confessed that peace was best, and he had desired the Earl of Argyll lately to deal with the Duke and the Earl of Huntly to win them to the King, and he also told him that he would undertake with a small matter to make all Ulster obedient to her majesty in a few days. Has written to the Earls of Huntly and Atholl for a conference, meaning to advance the peace, wherein he finds the Regent very willing also. Howbeit he told him that if he might well and speedily be aided by England he would soon end this controversy. Sees not how the Regent can make war till the Parliament be ended. The Regent's indisposition is such that he is not like to travel for a month or two. The noblemen grow in liking of this Regent, and it seems that Argyll is become his, and Lord Oliphant also, who, with the Earls of Glencairn and Montrose and Lords Ruthven and Glammis, mean to be here shortly, and to continue with the Regent till the Parliament ends. The marriage between the Earl of Angus and the late Regent's daughter is thus far onward —the marriage money and jointure are agreed npon, whereby the Regent may think himself assured of all those who have the King and that castle in custody. Both the Regent and the Castilians have told him of late that a French ambassador was come into England, and was shortly to pass into Scotland. One Peter Slingsbey, of Richmondshire, servant of one Mr. Bute, is a great conveyer of English geldings into Scotland. Has heard nothing of the "great matter" since his last. Heard his lordship wished to see a copy of a sermon made by the Bishop of Galloway during these troubles. Edinburgh. Signed: H. Kyllygrew.

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

493. Warrant for Sir Valentine Browne. [Dec. 14.] Add. MSS., 5754, fol. 35.

Warrant by Elizabeth for Sir Valentine Browne to deliver 2500l. to such person as shall be named to him by Lord Burghley, to be employed for her service. Given under our signet, at Hampton Court.

1 p. Broadsheet. Addressed. Indorsed. At the head: Elizabeth R. "By the Quene."

494. Henry Killigrew to Burghley. [Dec. 17.]

Mr. Marshal and he have been conferring here these five or six days upon such instructions and proceedings as passed during his [Drury's] being in Scotland, of which he has taken profit not only for his knowledge, but also for his health through his good and friendly entertainment. The Regent told him that Lord Gray had written to him offering all obedience to the King, and service to his grace in particular. The Earl of Rothes, upon whom the Laird of Grange's house have always most depended, sent to know of the Regent whether he might not be a mean to deal with Grange for composition, which his grace liked so well that he sent Lord Boyd into Fife to confer with him. Left the Regent sick in his bed, and not whole in his mind, "which must be cured by our souverayn," otherwise they will do but small good this next parliament in Scotland. Hears there is some danger of the Regent's life, which makes him return to Scotland to-morrow. He went to the Castle to let them know of his coming hither, and Lord Hume would have taken hold of the offer he made them touching the restoring of his house, to whom he answered that because he had not taken the first so reasonable conditions, he had sent up his answers, and was to receive further commandment before he could resolve him [Hume]. Hume took this so to heart that it was like to breed some division between Lethington and him., Argyll would gladly have a pension, but Burghley can best tell how he is able to deserve it. Unless the Regent has money he cannot make war. Is very suspicious that the Castilians will not prorogue the abstinence for fear of the sequel of the Parliament, which cannot well be holden in Edinburgh without their consent. Incloses a letter from the Regent on behalf of a Scotsman who had money taken from him as he passed without Berwick. Is so bold as to send his honour a letter to Mr. Randolph in order that he [Burghley] may perceive what opinion is conceived of him [Killigrew] in the French Court. Mons. De Croque may have spoken his pleasure, but he is sure he gave him no just cause. Beseeches him to have his return in remembrance. Berwick. Signed: H. Kyllygrew.

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

495. Shrewsbury to Burghley. [Dec. 17.] C.P., Vol. VIII.

Whereas it pleased her majesty to license Francis Talbott for his needful business to come into this country, he is fallen into a fever by reason of a bruise he has taken by overstraining himself, and is enforced thereby to stay at his house. Sheffield Castle. Signed: G. Shrewesbury.

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

496. Mary to Leicester and Burghley. [Dec. 24.] C.P., Vol. VIII.

My lords, we have received a letter from Monsieur de La Mothe of the 14th instant by your means, and albeit it contains not so ample answer as we looked for of all we had requested the Queen our good sister, we must render you hearty thanks for the pains you have taken therefor, and for your gentle offer to make our letters be surely conveyed into his hands again when we should write, as my Lord of Shrewsbury has shown us in your names. And because we have presently written answer at length to the points of the said ambassador's letter "impacked" herewith, which we pray you cause to be delivered to him, and that we are sure he will impart the same to you, we think not needful to make more rehearsal thereof. Sheffield Castle. Signed: "Yowr richt good cusignes and frind, Marie R."

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

497. Shrewsbury to Burghley. [Dec, 24.] C.P., Vol. VIII.

The Queen's majesty's right judgment of every man's state and duty-doing persuaded me enough [that] her majesty never had so much as one doubtful thought of my care or due regard to this my charge, neither will I live to deserve her less trust and good opinion than she already has conceived and your lordship last wrote to me of. That it pleased her majesty upon occasion to warn me by your other letters of my absence, with special charge of my continual attendance here, I think myself bound to take in good part, I have often wished for admonition beforehand, the rather to avoid dangers that might happen thuswise, and now I trust, if any occasion be, your lordship having knowledge thereof, I shall not be long ignorant. This Queen showed her mislike of Morton's government with tears, and blames me only for restraint of those servants she looked for out of France. I have made enquiry for Revell, as your lordship and others of Council willed me. He lurks so abroad without long abode in any place that he will hardly be met with. I have "layd" Derbyshire and Staffordshire for him. I understand he was at London at the end of the last term. I must trouble your lordship as of old for the money due to me for this Queen's diet. Sheffield. Signed: G. Shrewesbury.

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

498. Monsieur De La Mothe Fénélon to Burghley. [Dec.] C. P., Vol. VIII.

Requests him to write to the Earl of Shrewsbury with regard to what number of men and women is necessary for the Queen of Scots' service besides those which she now has; also to command him to permit her to send one of hers into France to look after her affairs, or, if he finds it more expedient, that one may come from thence for that effect, that he permit the said Lady to make a despatch there first, and that the whole be with the knowledge of the said Earl; to be a means with the Queen of England to give some indication to the Queen of Scots that she has found agreeable the thanks the Queen of Scots has given her; to send him the order for the money to be reimbursed to the Queen of Scots which he caused to be furnished by the bishop of Ross, which order has remained in the packet which he [the bishop] last received from the Earl of Shrewsbury; to write into Scotland according to the request which he sent to Monsieur Smith; and to send to Monsieur De La Molle and him the four letters which her majesty should write with her hand to the King, the Queen mother, Monsieur, and the Duke the King's brother, and also the writing in French concerning him who was arrested on Friday last, likewise the said De La Molle's passport, and his letters to the Queen mother, the Duke, and Monsieur de Montmorency.

¾ p. French. Copy. Indorsed: "De l'Ambassadeur de France 1572."

499. Defence of Mary's title to the Throne of England. [Dec.] C. P., Vol. VIII.

Two causes have especially emboldened him, although unacquainted, to write to his lordship; the one is the great wisdom, learning, and experience which he understands to be in him; the other is that he is assured that he is a most faithful friend and servant to Queen Mary, whose rightful title, if it were not of sufficient ability to move men to go against the same, at least her afflicted case and extreme misery should provoke all noble and gentle hearts to take pity and to have commiseration for her. Supposes that neither will any wise Councillor take it in evil part to be honourably thought of by any stranger, nor will any friend of the said Queen be discontented with his letter and poor advice, who gives himself wholly to the service of the same lady. Queen Mary is the person who ought to inherit and possess the crown of Scotland. [Arguments with reference to her being dispossessed.] The way to help her seems to him—being a student of divinity—to be to obtain the aid of their neighbours, who are well known to be Catholic. His neighbours are afraid to aid him in defence of his Queen's right, because their religion is not tolerated in Scotland. The chiefest way to restore Scotland to its ancient glory and the Queen to her true inheritance is to reconcile themselves to God and to His only one true spouse, the Roman society of faithful men, and so to profess the same religion. No kingdom divided against itself can stand. It remains, therefore, that speedy union be procured.

4 pp. At the head, "Jesus." No indorsement. Imperfect.

500. Memoranda touching the Queen of England's Marriage. [Dec.] Cott. Calig., C. III., fol. 438.

(1) By her marriage is avoided the peril of the Queen of Scots' competition by foreign aid or civil rebellion. (2) The peril of the division of religion at home. (3) An assured amity abroad. (4) The hope of all ill affected at home or of the fugitives abroad is taken away. (5) The occasions of her excessive and extraordinary charges for Scotland etc., are taken away. (6) It will likely be brought to pass that the French King, partly already well disposed, and partly for his own surety, if his brother be a Protestant, will leave off, and then by a league between him, us, and the Princes of Garonne, wherein it is established, and the other league overthrown. If she does not marry, the Queen of Scots' cause will have the greater aid abroad and the more friendship at home, and thereby prove the more perilous to the Queen when she shall grow into more years, and her people will be in despair of any succession of her body. If she does not marry, the fugitives abroad shall have commodity of receipt in every place, and the ill affected at home shall be provoked to be fugitives by the commodity of the "wrytes" abroad. If this marriage break, it is like that the French will follow the marriage of Scotland.

1²/3 pp. Indorsed: "Memoryall of matters touchyng the q. marryage."

501. Articles ordered by Huntingdon. [Dec.] Cott. Calig., C. III., fol. 369.

"Articles to enquyre of in the north parts ordered by the Earle of Huntingdon."

To enquire and truly certify him of the names of all known and suspected Papists, the enemies of God and good order, and the names of such as come to church. For avoiding of the spreading of false news and seditious rumours, and of other lewd practices and secret messages sent from some of the late rebels to their adherents and other evil disposed people suspected of Papistry and discontented subjects, disliking of the State and of purpose to trouble the common quiet of this realm, order is to be taken in all market towns and other places that all suspected passengers, vagabonds, and valiant beggars and rogues be punished with severity and celerity according to the late statute made in that behalf. Provision to be made for the relief of the poor, aged, and impotent. All superfluous alehouses to be avoided, and none to be suffered to be kept at any "outsides" of towns or corners. None to be suffered to keep alehouses but such as be of honest connection, and upon good bond. To take order for the maintenance of artillery, that the laudable and allowable exercise of shooting in the long bow may be used, and butts made and used according to the good laws of this realm, that thereby other unlawful games be not so commonly used as they be, and this lawful exercise the more used for the better defence of this realm. Order to be taken to avoid unlawful conventicles, confederacies, meetings, and conferences of evil and suspected persons, and namely of such as have been in the late rebellion and have not their pardons, and to certify him of their names. To certify him of such as were in the late rebellion and have obtained their pardon, how they have behaved since their pardon, and do behave themselves to the service of God and obedience of the laws. To certify the names of such persons as occupy the lands and houses that lately belonged to any of the late attainted rebels. Likewise to certify the names of all such persons as be fugitives for religion or any other cause or notorious crime, and of such as lurk and be kept in secret in any house, town, or other place, and in whose house they be so maintained, and to apprehend the said malefactors and to bring them to him to York. To enquire of them that keep retainers, and namely such as retain any of the Queen's majesty's servants or tenants, and to advertise him of the names of such as retain any such, as also of the names of such persons as be so retained, and of such as retain any person that was in the late rebellion and have not their pardon, and of the names of them so retained.

1½ pp. Copy.

502. [ ] to the Archbishop of Glasgow. C. P., Vol. VIII.

[A letter in cipher, to which there is no key.]

1¾ pp. Addressed: "A Monsieur l'Archievesque de Glasco Ambassadeur pour la Royne Descosse resident en France."

503. Conference between Elizabeth and a French Ambassador. Cott. Calig., C. III., fol. 472.

After having heard the ambassador she commenced to make a discourse in a great rage concerning the wrongs and . . . . that she had received from the Queen, who in the first place would have set (esmeu) her subjects against her. However she trafficked more diligently touching an accord between them. "Which is not a fable," said she, "but a manifest thing, as being proved by ten or twelve indeed of the Scots themselves, which I have in my hands, who have trafficked between her and them"; and since her rebels had not only been received in Scotland, but also maintained and assisted to make some incursions and invasions by fire and sword on her frontiers. She also said that the bishop of Ross had been participant therein, and had at three different times received letters from the Earl of Northumberland, and that some ensigns were to pass to them. The bishop of Ross, she said, had also caused some letters to be printed touching her own honour, her estate, and that of her Council. She said it is not now that the Queen of Scots has done this, but she practised it three years ago, and sought to incite her subjects to rebellion. And having thus received the books did it behove her to let her go "tout a cest heure—a tout a cest heure"? No, no, it is necessary still to learn. How could she trust in the Queen of Scots, seeing that while offering all the beautiful things of the world she wished to annoy her by rebellion? or having presently made an accord with her and that for assurance the King of France would answer, how, nothwithstanding, she being once at liberty in Scotland and wishing to go against her promise, would she bring her to account (raison d'elle)? The ambassador answered that he thought she would never break her word, but when she gave it, the Queen of England and the King of France are strong enough to give order thereto. And as regards this, that she thinks to have been offended by some Scots with her rebels, the Queen offered to satisfy her, as appertains to reason, for all those things there. The Queen of England said, "how will she satisfy when she is able to aid herself?" "And as regards my army, assure yourself that it has not [passed] the borders of Scotland, and so it will not do wrong to anyone, except to those who have offended me." "Moreover," said she, "it is necessary to consider that we are not such a fool (sy bestes) that we do not know well that this good will between you and the Scots only tends to our evil, and that the Scots do not seek after you except with regard to their profit only, and not for any favour that you bring." The ambassador said it is lawful for everyone to aid himself by all good and lawful means. "Monsieur l'ambassadeur," said she, ". . . to my will that the King my good brother might be entirely instructed as much of the loss of the Queen of Scots as of mine." "Nevertheless," said she, "notwithstanding all the wrongs that I have received from her, I will not be cruel, but mean all good friendship (a tout bon appoinctement), advised by her or by the King my good brother, I being assured; but, however, I must be avenged of my rebels and enemies." The ambassador asked her to put the bishop of Rosse at liberty, and she said he shall be heard. As regards the French King, the ambassador said he protested before God and all the world that he would acquit himself loyally towards her, her subjects, and the quietness of her realm touching the liberty of the Queen of Scotland, and that . . . . evil that could happen be not imputed to him. As regards that book which they wished to print, the bishop of Rosse gave the ambassador the preface in Latin, which carries all that which one could interpret in bad part, "and there is the clause, madam." The Queen read it, and afterwards said, "it is not time to eschew speaking of that." "Madam," said he, "the principal point is that all the Christian Princes know well her good right, and seeing how that there will be nothing else to confirm it but the conclusion made by your grandfather Henry VII and his Council, and to know that he wished better to give his daughter in marriage to the King of Scotland than to a foreign Prince, seeing that if the line should happen to fail in England they would be able to have recourse to that of Scotland." "And therefore, madam," said he, "England would not have any dishonour, for she would not be subjugated by Scotland, but Scotland would turn to her as to her chief." "O," said she, "the word of a prince does not make the succession . . . ."Madam," said the ambassador, "it makes much, being founded on good reasons and rights." And she having put the said preface into her pocket said adieu to the ambassador, praying him to give her in writing the demand of the King of France that she might be able to make answer to it. She said en passant that this was not a question of eating or drinking or of anything of little consequence, but of a realm, a matter which demanded good and long deliberation; and also in talking of the promises that the Queen of Scots had made, and en . . . . .pendant to show the contrary, that it was necessary the word of the Prince was certain and not variable.

2 pp. French. Mutilated.

504. Detention of the Queen of Scots. Cott. Calig., C. III., fol. 371.

[Extracts.]

Nostre aage a produict en la plus-part des estats de la Chrestienté des aceidens et desastres plus estranges et violens, que trois ny quatre centuries des aages passez. Mais on n'a poinct veu de notre temps, ny leu en histoires des anciens plus d'accidens extremes advenuz, en une mesme personne, singulierement d'un Prince congneu et celebre que nous voyons aujourdhuy en la Royne d'Escosse. La Grece fabuleuse a forge des tragedies sur les vies, comme monstreuses des families thebauces, des Piclopides, de Inhiestes, et autres, &c. La conspiracion n'agueres descouvertes contre la Roine d'Angleterre brassés par la Roine d'Escosse et l'infortuné Due de Nortfort reveille la memoire des actions et evenemens tragiques de la dite Roine d'Escosse, laquelle estoit ja presque amortie par la impuissance que sa prison luy apportoit de continuer telz deportemens: mais la violence de cest esprit ne peult estra referrée par prison, ny retenue qu'elle ne tente la dernier effaict de son destin, et qu'elle ne traine avec son desastre la ruine de tous ceux qui s'en accosteat, comme d'une Medée, fatale ruine de ceulx, qui la desiroient en maréage, et pour ne laisser peril a essaier, elle a faict la plus hazardeuse entreprinse, qui se peust faire, qui est d'attempter sur la vie de celle, qui a la sienne en sa puissance, et de contraindre ceux, qui ont sa vie en leurs mains, de n'estimer poinct leur vie estre asseurée, s'ilz ne luy estant la sienne. . . . Il est a la bouche d'un chacun, que l'Angleterre nourrit le serpent dans son sein, de laisser tant vivre la Royne d'Escosse, que tant qu'elle y sera ne cessera de troublir cest estat par conspirations intestines: est si elle en estoit hors par guerre externe. Aussi il n'est rien si dangereux, que d'avoir un successeur au royaume ayant des qualitez si pernicieuses à un estat, qu'a la dite Roine d'Escosse, qui par degré de proximité talonne de sang la Roine d'Angleterre en la succession de la couronne. Car, en premier lieu, c'est ung successeur. . . . Elle l'avoit assez monstré par les guerres passées, et en la conspiration derniere . . . a descouvert la plus capitale haine, qui se peust monstrer. Apres, elle a l'ambition et cupidité de cette couronne, sans attaindre le temps de la succession. Elle en a autresf[ois] usurpé le titre, et les armes, et à present par cette conspiration, elle en vouloit avoir la . . . et la commodité d'advantage; elle est estrangere. et de nation, et de religion, tellement . . . l'affection naturelle, comme seroit d'un autre successeur, qui seroit filz, ne peu . . . cohiber l'ambition, qu'elle a de ce roiaume. La derniere qualité, et la pire de toutes, c'est qu'elle a ja les parts doessees dans le roiaume, de sorte que par ses maniers, [il] restoit, que le coup de l'execution. Or la retention d'un tel successeur, que celuy-la, ne peult estre que tres dangereuse a tout estat; au contraire l'extermination fort utile au grand repos et tranquillité d'iceluy, de sorte qu'on ne peult doubter que ce ne feust . . . grand bein à ce roiaume, que de luy oster ceste espine du pied, qui ne cesse la troubler et piquer.

[It is one of the greatest crimes which man can commit to conspire against the King in his realm. The punishment of Korah, Dathan, and Abiram is testimony enough.]

Il y en aura qui allegueront des particulieres qualités en la personne de la Roine d'Escosse pour la rendre exempte de ceste generale reigle de condamnation, qui sont en somme trois. L'une qu'elle est Roine monarche en son roiaume, pareille en puissance que la Roine d'Angleterre, n'est sa subjecte inferieure, ny justiciable. [Gives examples from the Bible, &c., against this allegation.]

La seconde qualité que la date Roine d'Escosse peult alleguer pour estre exempte de la generalle condamnation des conspirateurs est, qu'elle est reffugiée en Angleterre. Chacun scait connue elle y est venue à refuge, apres la desroutte d'une bataille: comme elle y a este rescue à refuge et seureté de sa vie, à ceste heure là mourir, on dira que c'est l'acte le plus indigne d'un Prince, qui ait esté faict jamais à autre Prince; les plus barbares Princes ont eu encores ceste humanité de recevoir les rois dejectez de leurs trosnes. [Gives the examples of Arthabane, Chilperic, etc.]

La troisieme qualité de la dite Roine d'Escosse est qu'elle est prisonniere. Il sembleroit que ceste qualité luy deubt prejudicier, par ce que, par cela on congnoit qu'elle n'a pas esté reccue comme reffugiée, ny donné aucune foys; mais c'est au contraires etc. Il est certain que la Roine d'Escosse a esté tousjours soubz bonne et seure garde, jamais mise en liberté soubz sa foy. Ung prisonnier qui n'est poinct sur sa foy, et a qui en baille garde, il ne peult estre blasmé de rechercher sa liberté par toutes les voies, qu'il est possible. [Long arguments against the foregoing reasons follow.]

Pour conclusion:—la punition de ceste conspiration sur la Roine d'Escosse, supposé qu'elle soit veritablement coulpable, est tres juste et legitime par toutes loix divines et humaines, utile, voire tres necessaire pour le salutz, la conservation de la personne de la Roine, et de tout l'estat d'Angleterre: et mesmes de ceux que la Roine à occasion d'aimer le plus. Au contraire, l'impunité est ung vray reffus de justice et protection à ses subjectz, ung mespris du salut de son peuple, et ce qui est plus a respecter, une desertion et contemnement de l'eglise de Dieu et son pur service. Dieu n'aura faicte de moiens pour garantir son peuple esleu, et amplifier son regne: mais malheur au pasteur qui aura nourry du loup dans le troupeau, et au laboureur qui n'a chassé le sanglier de la vigne du seigneur, etc. Il ne fault poinct dire ce danger est loing de nous: ce sera apres la mort de la Roine. Dieu luy fera la grace de vivre longuement.

21⅓ pp. In a French hand. At the head, in the hand of Burghley's clerk: "1572." Edges injured by damp.

505. Notes concerning Articles. Lansd. MSS. Vol. XV., fol. 59.

"Notes for zour lordship's memory in reasoning of the articles exhibited the xxiij [ ]."

To require what commission they have of the Queen's majesty to deal in the matter. What likelihood have her majesty or they that our adversaries will be conformable? Are they authorised, and will they promise to treat and conclude with us whether the adversaries be conformable or not? The Queen of England is bound in honour to procure the liberty of Edinburgh, taken in the time of the abstinence agreed to at London by her own order. To prove that the abstinence came to Grange's knowledge,—his letter to the King's mother's commissioners being in England; his letter to Lord Fleming of the 10th of March.

Notes toward the articles.—That in case they desire your lordship to condescend on the first article, what better security you would have? To answer that, your lordship would understand with whom they have to deal and for whom they speak, for every person may not be alike "handillit," whereanent I have a good "memor" to give your lordship if you call for it.

In case you be driven to the speciality of surety, hostages delivered, and strengths rendered, inquire to whom they mean that the article shall extend; that there is not equality, because the one is done by authority, and the other without authority; that the third article is a subterfuge for murderers, thieves, "reiffaris," heretics, idolaters, sorcerers, pirates, sodomites, peace breakers, and all other mischievous people who have committed crimes as well in their particulars as in the common cause; it takes away all manner of actions betwixt party and party in causes as well civil as criminal; it gives impunity to the murderers of the King's goodsire etc.; it makes the honest cause appear alike odious as the "unhonest," and all men alike guilty. Such as are "capitale" enemies to the King are not meet to be of his Secret Council immediately after pacification; for, being of his Secret Council, they may advise and direct things toward keeping of his person which bring evident peril. If the adversaries be conformable, this concession is to be agreed to in one form, and if they be obstinate, another way.

1 p. On a long sheet of paper. In a Scottish hand. Indorsed: "Notes for answers."