Elizabeth: March 1571

644. Huntly etc. to Elizabeth. [March 3.] Cott. Calig., C.II., fol. 530.

The present dangerous state of this our native country, joined with the consideration of the future, which threaten to both the realms fearful accidents (if love of our country moves us not on both parts, by foresight, to avoid the peril beforehand) compels us to have recourse to your majesty as the Princess of Christendon who has the best means, and, as we think, of good reason, should have the best will to quench this heat begun amongst us, before it bursts out into a flame which is able, ere it be long, to set both countries on fire. We confess the first harm is like to be ours, seeing the fire already kindled in our house, yet the consequence thereof is like to draw your majesty's estate into fellowship of the same danger, by reason of neighbourhood and other respects which the situation of the two kingdoms in one isle makes common to both. It is high time now for us to hide the burning where the smoke has begun already to discover itself. Neither can we be persuaded that your majesty will refuse us that comfort, which, by your concurrence, will suffice to remove our inconvenience, and, consequently, your own, whose whole realm is next neighbour to this. Christian charity will not allow, neither policy permit, that whereas we require water at your hands to repress the rage of the flame, you should bring oil, timber, or other materials to increase and nourish it. For, so doing, with our loss of the less, you shall procure yourself the subversion of the main.

Your majesty is not ignorant how this State is divided into factions, not only the persons of the nobility, but descending from them to the gentlemen and commons universally "in the whole leigers"; and not so unequally divided that the one is so far like to overmatch the other, but the victory must be doubtful if matters be once brought to that point that force must try whose quarrel is best. The factions are grounded on the diversity of two titles pretended to the crown by the mother and her son—a pitiful case, God knows—yet bred by the forwardness of time, and our "unhapp," which, nevertheless, must end by time; or else, within a short time, it is like to bring many of us to an end. We find ourselves small conformity to appease the difference, because the most part are partially inclined, for private or public respects, to follow their parties, and see no towardness of any amendment. On the contrary, it appears evidently, that so long as there are two claims, so long shall the two factions endure; and it is probable that so long as there are two factions at home, neither faction shall lack maintenance abroad, but shall find some Prince or foreign potentate, who, by his countenance, will fit their humour, whereupon must follow of necessity, that by one means or other numbers of strangers shall be drawn into this realm. How dangerous that shall be for us, we know: and what prejudice may thereof ensue to your highness, we remit to your wise consideration. Wherein we will not appear too curious discoursers. Thus far only we will touch;—the foresight of the common danger should induce us on all sides to a common consent to provide the remedy against the same, which, in our opinion, can be no other but by removing the cause of the division, to make the effect to cease; to wit, by reducing the two claims to one, to put away the whole foundation of the factions.

There is neither Prince, potentate, nor people in Christendom who has the like interest to desire it, nor yet the like means to perform it. It is profitable for your majesty that strangers have no "pretenced coullour" wherefore to enter into this isle, or to set foot on dry land so near your majesty's country. It is honourable for your majesty to set at one accord the two persons who are made the parties, being your next cousins, and most tender to you by blood. It is easy, besides, for your majesty to bring it to pass, as well for your credit as for authority with all the parties, as the principal party is presently in your realm. We think it not convenient to prescribe to your majesty any certain rule to follow in this case, for we consider what your majesty is to whom we write, and what persons we are who write. Yet, for our opinion, we see no more convenient means to reduce this realm to an uniformity, and, consequently, to procure the quietness of the whole isle, than that your majesty will enter with the Queen's highness of Scotland into such condition as may be honourable for all parties, safe for your majesty, safest for the nobility of this realm, and apparent to continue the godly amity betwixt the two realms, which is most commodious for both. We are the more bold to enter into this here with your majesty, because a good part of us saw last year a certain "plat" projected under the same articles tending to this end, and sent hither from your majesty to the late Regeut by his servant, Mr. John Wood. Whereof, albeit at this time there was not such grave consideration had in any assembly of any part of the nobility convened at St. Thomston [sic] to that effect, as the weight of the same, and your highness' person—being the director—required. Yet find we in the same matter of great moment, worthy to be "intreated" of, and most humbly pray your majesty to take the same yet once again in hand, and follow forth the same trace, which we think the nearest—yea, the only—way to divert us from the desperate course wherein we are already, or like shortly to enter for lack of godly union among ourselves. We trust no faithful Councillor you have will advise your majesty to enter into the turmoil of a divided state, to bestow your forces, men or money in one unnecessary and unprofitable exploit— and unprofitable it will prove in the end, if your majesty shall join your fortune with a small portion of this realm, when you may have the whole at your devotion if you will; to wit, if you go about to unite us as a flock under one head, by entering into conditions with the Queen of Scots, whereby the different claims betwixt her highness and her son may cease from henceforth. In doing whereof, your majesty shall oblige us, and so we do protest to do unto your highness what service we shall be able, standing with our due obedience and allegiance to our sovereign. "Written towards the third of March 1570." Signed: Huntley; Argile; Atholl; Crauford; Cassills; "Snyland"; Marsthall; Cathnes; Hume; Setton; "Egylwy"; "Fynnervaill"; Forbas; Oliphant; Herris; Gray; Boyd; Flemynge; William Matland, "Controwler"; "Balfrin."

3 pp. Copy by an English clerk.

645. Crown of Scotland. [March 4.] C.P., Vol. VI.

"Testymonies to proofe that the Q. Majestie of Scotland hes bene onjustlie removed frome the possessione of her croun of Scotland."

The Kingdom of Scotland being such a kingdom that in it all men depend of the Prince, as the Kingdoms of England, France, and Spain—for these kings are not chosen by the noblemen, but by succession—the posterity of that family govern as long as it continues with lawful issue; the subjects cannot for any cause rise against their Princes to displace them. [Biblical arguments in favour of this theory follow.]

2¾ pp. In a Scottish hand. Indorsed by Burghley: "Delyvered by y^c B. of Ross."

Copy of the same (S. P. Scotland, Elizabeth).

646. Mary to the Bishop of Ross. [March 4.] Cott. Calig., C.II., fol. 158.

We received your letters of the 19th and 22nd of February, and for answer thereof, we begin by the consolation we received in understanding the honest demonstration which it pleased the Queen, our good sister, to make in receiving our letter, [and] of the great care she had of us during our sickness. Wherefore, in presenting to her our other letter, we pray you not to fail "but ze render her conding thankis, with assurance not only of a reciproque gud will, but of a love and reverence such as we wold beare to our mother or eldest sister, haveing no parent in this world narrar nor zit of whom we hope to obteane more favour and amitie," which augments in us from day to day the desire we have to be so happy as to come to her presence, and "se with our propre yes that which we could not comprehend but by the sight of others of her perfections." Esteeming that God will grant us that grace to merit hers, and that we shall need no other protector of our right but her equal benevolence in this parliament, which you write is proclaimed for the 2nd of April; in the which (considering the acts of the last), you think that our good sister may be pressed to establish the succession of this crown after herself. We hope it shall please her not to permit anything to be done "therntill" to our prejudice. As it is not unknown to us that practices may be working for the title unto which some other would pretend—who will be present at the said parliament, and will not fail (as it is thought) to make new prayers and requests to her for their own advantage—we beseech her "that we maye at that tyme have that good to be besyde her at the least secreitlie, under protestation that she sall not be importuned nor preassed be ws in ony thing," and that the most of our intention shall be to conform our will to hers, and by all means render ourself worthy of her good grace. The end of this treaty was the term appointed for obtaining this our so much desired felicity to see her; and, therefore, we pray you to haste it as soon as possible. Since such is our good sister's resolution to be so well disposed thereto, the tergiversations and subterfuges of others shall have no power to "impeshe" the same. You write that they would be glad to return hastily, undoing anything in this treaty, but our good sister and her prudent Council will take the best deliberation to satisfy the promises made not only to us, but also to other princes. For the great amity which by that means she will establish perpetually betwixt us, we thank our good sister most effectuously, and pray her to "hald hand" to the same.

We pray you satisfy her concerning the letters she desires to see, by which we gave you charge to assure her of our sincerity and innocency touching the bypast troubles; in the which, she must not think that you have spoken more than we commanded you. For, amongst the most ardent wishes that we can make, is, that, would God, she might read it within the heart, which is the same that we had at that time, and is not changed in any sort, which would be an inexpugnable defence against all those who would persuade her sinisterly of our intention—unto whom we beseech her to give no credit.

Satisfy her also touching the "proposes" that have been reported to her, that our uncle, the Cardinal of Lorrain, the "Nunce," and the bishop of Glasgow had made offers to M. d'Anjou to cause him make an enterprise in Ireland, for God is our witness that what you wrote to us by your letter of the 29th of February, after our good sister had spoken to you thereof, was the first news that ever we had of such a thing. As for our ambassador, he is "owercircumspect" for to proceed so far without our knowledge or commission. We know not wherefrom this "adwise" should come, but we believe it is of the same "forge," and to the same effect as the other, which was made to our good sister two years ago, that we had resigned our right to M. d'Anjou; which will be found false, as truly this shall be; and, therefore, the Queen has no occasion to refuse the passport which has been asked of her for the bishop of Glasgow, who, she need not fear, will come into these parts to impeach the treaty, nor for any other affairs, but for our dower, as we have written to you already. M. de Piguillon awaits on him at Paris, that they may pass together to set "fewes and fermes" in Touraine and Poictou, after the bishop's returning. Their voyage will be long, and we have granted some relaxation to the said bishop to take order in his own business at Poictou, and we would gladly that he were here. The instant pursuit that we have made to her to proceed in the treaty, and that whereunto we have already accorded, is an argument to esteem that the bishop of Glasgow nor any other of our servants or ministers will "oppone" themselves to our opinion, nor think to make us follow their particular opinions, albeit that was so. He has as good occasion to desire the treaty and our return to Scotland as any other of our obedient subjects, for, in the meantime, his living is in the hands of our rebels, whereof he receives nothing. We pray you also to obtain a passport of our good sister for Mr. James Boyd or James Boyd, whom my Lord Boyd intends to send towards us to render us "compt" of some affairs. This will serve both for the Commissioners and you, seeing we have no other subject to write to them at present. We will not stay this bearer, of whom you will understand news from Scotland, and of what has been attempted against the abstinence. Sheffield. Signed: Marie R.

2¼ pp. Addressed. Indorsed.

647. Commissioners of the Queen of Scots to Burghley. [March 5.] Cott. Calig., C.II., fol. 161.

We have advised upon the overture made to us yesternight by your lordship, and others my Lords Commissioners, for satisfying the Queen's majesty in honour and conscience, that by law and reason our sovereign should be restored to her crown and realm, notwithstanding any alleged demission or the pretended coronation of her son, or confirmation of parliament; which, being a matter so well known to all Princes in Christendom, and principally to your sovereign, needs no answer by us, in respect that the deed was debated before her highness' commissioners at York, where we understand the whole heads are fully "resolvet," saving of a wicked precedent alleged of Therens, one of our kings; which story is "wraistit aganis the meaning" and words of the author for their purpose. "Therefore sendis zow the said historye markit," whereby it is easy to perceive that the King of Scotland at that time succeeded not wholly by line and succession, and that this Therens was banished by the conspiracy of his nobles in a quiet convention, yet during his life and exile they never chose another King. And likewise of the history of Ferhuhart, who, being put in prison, they chose but four governors, and no king, where all the heads now renewed by the adversaries were fully answered by us, a copy whereof we presently send you.

"We doubt not bot ye Quenes Majestie hes sum tyme conferrit at lenth with Sir Nicollas Throgmartone … zoung Lethington and Robert Melvyn, quho hes testiffyed unto hir hienes the just causes of feare quhilkis movit the Quene our soverayne, being in prison, to subscriwe sic writtingis as was presentit to hir, besyd the act maid in ther pretendit Parliament, whereby the Laird of Lochlevin semis to have tane as it war ane remit and discharge of the Quene that sho was nowyse compellit by him nor no utheris of his causing to do ony thing contrair hir plesour, be ye quhilk it may be weill gatherit that he doth testiffye sho was compellit be uthers in his hous." In consideration of these, and many other reasons, the most potent princes in Christendom—especially the Kings of France and Spain, the Queen of England, and all other princes—acknowledge her as undoubted Queen of Scotland, even at this time. We beseech her majesty to proceed in this treaty, and not to delay the same "for sic triffling alleageances willinglie set furth be the information of the adversaries." Our sovereign and the nobility of her part are wholly bent to use your sovereign's advice, and to satisfy her pleasure to the uttermost of their power; and, on the other part, the principal authors of their faction must needs be wholly at her devotion. As the Earl of Lennox—their pretended Regent—is her highness' subject, and the Earl of Morton, who is known to be the principal "contenance" of their forces, and Macgill, the chiefest of wit and judgment amongst them, are here present, there can be no delay alleged on their part for any further advice to be sought in Scotland; and, therefore, in case they shall be suffered to return thither (as we are informed they press to do) without further advancement of this treaty, the same is only to make further trouble for impeachment thereof, so that it shall never take any good end. London. Signed: Jo. Rossen; Galloway; William I. Levyngston.

Postscript.—We pray you to cause this other letter to be considered. ("Send heir wit ye Scottis cronicles and ye actis of parliament of ye Prince called King James ye saxt." (fn. 1) )

2 pp. No flyleaf or address.

Cott. Calig., C.II., fol. 140.

Copy of the same. Indorsed—"The coppie of a letter send by my Lordis commissionaris to my Lord Burley ye fyft day of March 1570."

648. Scottish Matters. [March 5.] Cott. Calig., C.II., fol. 167.

(Notes headed)—"What corse shalbe best for ye queen to hold in her speche with Morton." (The point is—to maintain the King as King—If none of the arguments in favour of this take good effect, then— how to maintain him as Prince, and so to provide for his surety). Provisions for the liberty of the Prince and his dependents upon the restoring of the Queen of Scots. The Queen of Scots to forfeit her title to England and her state in Scotland upon breach, etc.

1½ pp. (In Sussex's hand). Indorsed.

649. Title of the Crown of Scotland. [March 7.] C.P., Vol. VI.

"A note of certain heades thought of for the pacificacion betwext the Queene of Scottes and her Subjectes for the controversye of the title of the Croune betwext her and her sonne, yf it be found probable that her dimission of her Croune may be and is lawfully to be revoked by her."

In primis:—For that her son has been crowned King during her being in Lochleven by virtue of her letters of demission, that the coronation was confirmed by the assembly of the three estates in a parliament, and that a great part of the same have continued in obedience to him and his Regents; it is reason that the said obedience should be allowed as lawful from the time of the demission, or from the 15th June 1567, until the resumption of the Crown by the Queen, and that all mean acts since the said 15th of June, for administration of justice and government of the "pollicye," shall be reputed lawful in this manner following;—All Acts of Parliament shall stand in force, or else shall be made of new in the next parliament as shall be thought meet by twelve Lords of Parliament, whereof six to be named by the Queen and her commissioners in England, and the other six by the Regent and the commissioners for the King's party being in England. If the said twelve Lords cannot fully accord, then the judgment shall be given by eight. If any of the said twelve shall die, the survivors, or two thirds of them, shall make choice of other Lords.

Item:—All statutes and ordinances concerning religion or the ministers thereof made since the said 15th of June shall be observed by all the subjects of Scotland.

Item:—All processes, sentences, and judgments in causes civil or criminal given since the said 15th of June, shall continue in force, saving such as have been given in the name of the King or Queen for not acknowledging their titles: out of which are to be excepted all judgments against the Earl of Bothwell or any other for the murder of Lord Darnley.

Item:—All benefices ecclesiastical, and all offices temporal for term of life shall remain in the same persons who held them on the said 15th of June, saving such as shall be duly proved to have been privy and assenting to the murder of Lord Darnley, etc.

Item:—All benefices ecclesiastical and offices temporal, wards and marriages that have been vacant since the said 15th of June, and have been given to any persons in the name of the Queen or King, shall continue in the possession of those who now enjoy the same, if the said twelve Lords shall so think good.

Item:—All strengths, castles, and houses appertaining to the Crown shall remain or be rendered to such as held the same on the said 15th of June, saving such as have "departed" with their interest by agreement: in which case the Queen shall dispose of the same, with the consent of the said twelve Lords or the more part of them who shall be of her Privy Council of that realm, as in the articles following are to be chosen.

Item:—All persons in Scotland that have any jewels, plate, movables, or implements of house that belonged to the Queen of Scots on the said 15th of June shall make restitution thereof, etc.

Item:—There shall be a like law established by parliament for an oblivion and remission of all things done since the said 15th of June as in the year 1563 (with provisions as to receivers of the revenues of the Crown of Scotland).

Item:—There shall be established a Privy Council to have like authority as heretofore, to consist of twelve Lords spiritual and temporal of Parliament, besides all ordinary officers and ministers usually attending upon the Council, the same to be established as in anno1561. Except so many of them as shall be thought unable, from age or sickness, to give continual attendance, in which case they shall be admitted as Councillors, when they come; and so shall the Earls of Errol, Montrose, and Marishal,—now unable to attend by sickness. Likewise, for that the Earl of Lennox is by nature most bound to take care of the weal of the King, it is meet that he be allowed as one of that Council.

Item:—Because it is necessary that the person of the King may be in safety from the dangers of such as were parties to the murder of his father; therefore, it seems necessary that he be in person drawn into the realm of England where he may be so governed and brought up by such noblemen of Scotland as most depend upon his surety, whereby he may be always ready to be restored to the Crown if his mother shall break such covenants with the Queen of England as in reason are to be accorded. It is also required that the said Prince have not only all estates of honour and revenue which any Prince of Scotland has had, but also the whole revenues and offices which the Earl of Bothwell possessed on the said 15th of June.

Item:—There shall be hostages of noblemen of Scotland, being such as have adhered to the Queen, and have solicited her delivery, and shall promise to keep all her covenants, etc.

Item:—Hostages to be delivered into England before the Queen of Scots is put to liberty, and bound that she shall speedily cause a parliament to be holden in Scotland, and there all these premises to be duly observed, and all subjects of the realm both to be sworn and bound to the same, upon penalties convenient for such a case. It is thought convenient that the Queen of England shall enter into covenant with the Queen of Scots, upon sundry penalties to be devised for performance thereof, to make good assurance of all things for the safety of the King, and all subjects who obey him.

7½ pp. Fair copy, with notes by Burghley. Indorsed by Burghley— "7 Martii 1570. A note of certen articles propounded to y^e Erle Morton etc. for accordyng of y^e Q. of Scottes and hir sonne."

Cott. Calig., C.II., fol. 536.

Copy of the same, dated 14 March 1570.

650. King of Denmark to the King of Scots. [March 9.]

Has understood by his letter, written from Stirling, on the 26th of August last, the desire that both he and the Regent Lennox have that the Earl of Bothwell might be either brought to trial in Denmark, or sent back to Scotland. on account of his very grave crimes, and that his majesty's captain and servant, John Clark, who is detained in custody, might be liberated and sent away; concerning which points, Thomas Buchanan, his majesty's ambassador, has not only pleaded excellently, but has also laboured with the greatest diligence to obtain these things. The Queen of England has again strengthened and confirmed this demand by a letter of protest. In the first place, he returns thanks to the King of Scots, the Regent and nobility for their goodwill, and desires to observe the friendship of the realms etc. Bothwell, who is detained in the King of Denmark's custody, has been affirmed both by letters of the Queens of England and Scotland, and by public decree of the nobility (whose faith and authority must not be derogated) of the supreme Council of Scotland to be the persuader, author, and principal of the Queen of Scots' misfortune, and of the other disturbances. Bothwell, however, trusting in the innocence which he vaunts for the sake of clearing himself, puts forward various statements, denies that the murder was perpetrated by him, and says that he was acquitted in the court of final judgment in Scotland. He begs that his majesty [the King of Denmark] will not decide anything hard against him, contrary to the rule of law, in a case of so great moment. The King of Denmark, therefore, does not doubt that the King of Scots etc., will accept in good part the fact that he has hitherto been unable to come to a decision in that matter, or to satisfy their wishes in the punishment or delivery of Bothwell, owing to doubts, and because a lawful trial could not be obtained in Scotland. " Nec officio suo regio ipsius Majestas in decernendo, permittendoque contra reum istum ordinario hic judicio jam erat defutura, si magnus dominus orator, plena potestate instructus, causa istius disceptationem persecuti, ovemque hoc in foro su sipere, ac instituere, quam eam regiæ Scottorum Majestati, et illustri domino gubernatori, ob causas, propositas, reservare maluisset."

John Clark was, by the sentence of Scottish and German captains, found guilty of breach of military duty, and is therefore committed to prison. Frederichsburgh. Signed: Fredericus Rex.

3½ pp. Latin. Indorsed by Drury: "The Kyng of Denmarkes and the French Imbassador's lettres towchyng Bodewell and Clarke."

Copy of the same. 4¾ pp. Indorsed by Cecil: "Bothwell."

651. [Bishop of Ross] to Burghley. [March 10.] Cott. Calig., C.II., fol. 8.

I marvel not a little at this kind of proceeding in our causes, by which it appears that the course intended by your honour before your coming to Chattisworth is almost "quytte overthrawen," as I am informed; wherein I am so taxed by all parties "having entres," who lay to my charge that I suffered myself to be abused with "sa mony fair wordes and promesses," that I know not what to answer thereto. Your lordship's dealings are honourable in respect of all causes you put your hand unto. I know what travail you have taken to bring it to some good end, and yet enemies prevail.

Morton promised to Boyd before his departure out of Scotland to abstain from all that might hinder the Queen's restitution, and to agree. He is minded to change that course here. Who is author thereof, God knows. Wherefore, my good lord, press to further this godly work, and let it not this way perish; since we are so well minded to satisfy in all things that may content her majesty, which if they are "refusit," I doubt not but God will be "uppone oure party, and defend us contrar all malitious attemptis proceeding frome wicked adwyse."

½ p. Copy. Indorsed—"Double of a letre to my Lord Burghley, the x of Marche 1570."

652. Summons by the Regent Lennox to the Sheriff etc. of Galloway. [March 11.]

James by the grace of God King of Scots, to Gilbert Makfedder, messenger etc. With the advice and consent of our dearest cousin, Matthew, Earl of Lennox, "we charge you straitlie and commandes yat incontinent yir our letres sene, ye pas and in our name and authoritie command and charge Patrik Agnew, shereff of Galloway, Hew Kennedy of Chapell, Mayr Patrik Waus of Barnbarrocht, Thomas Bailye of Dunraggat, Alexander Bailye of Dunraggat, Alexander Gordon of Largges, Maister Thomas Hay, abbot of Glenluce, Archibald Kennedy of Synones, William Kennedy, sone to ye lard of Coif, Quyntene Boid, James McCullocht [ ] M^aKaillocht of Ardwell, M^cCullocht of Killassour [Killasser] to compeir personalie befoir" our said Regent and Lords of Secret Council, at Ayr, on the 22nd of March instant, to answer to such things as shall be laid to their charge, under pain of treason, with certification to them "gif yat failinge ye said day being bipast yai salbe kepet, halding estimeet demanet and persewit with fyre and sword as traitours. Signed: Mathew Regent.

½ p. Copy. Indorsed: "The charge of Erle of Lenox apon certane barones and gentilmen of Galloway."

653. Answer by the Queen of Scots' Commissioners. [March 12.] C.P., Vol. VI.

"Answer of the articles proponit be my Lordis commissioners the xij day of Marche 1570."

The commissioners for the Queen of Scots and her nobility offer on their behalf to do all things in their power to satisfy the Queen of England.

First:—Concerning the article "proponit" for the delivery of the Prince as hostage for the relief of his mother—that is the thing most dear in earth to her, and all her nobility and good subjects, and was most fit and convenient to be kept within his native country as our most special treasure and comfort next to his mother. Nevertheless, seeing the good zeal and love which the Queen of England bears towards them both, the Queen, his mother, has already consented to his delivery, and her nobility have given us commission to agree in that point to her pleasure and will, and that "speciallye for relief of hir majestie," and to be interchanged for his person at a certain time and place pari passu.

As to the desire for the hostages,—there shall be four "entrit" in England at the time of her deliverance, whereof there shall be an Earl and a Lord, and the other two, Lords' sons or brothers, heir apparent. Of the Earls, we trust the Duke of Chatelherault will be one, and the eldest son of the Earl of Huntly, the other. As to the degree of the Lords, the following—Ogilvy, Drummond, Oliphant, Yester, Borthwick, Somervell, and Gray shall be one of them, and one of their eldest sons.

Item:—As to the assurance of the subjects of Scotland,—the same shall be "providit" by the "sicht" of the Queen of England.

Item:—As to the desire of castles to be kept in the possession of Englishmen;—our mistress and her nobility think that the keeping of strengths in our country may engender great hatred and jealousy in Scotsmen's hearts, nor will the same do any profit in the maintenance of the common quiet between the two realms.

Item:—As to the remaining articles,—we are willing to make assurance by the treaty in all points "conforme" thereto so far as has been by her majesty and shall be accorded by us.

2 pp. Draft. Indorsed (by Burghley's clerk).

Cott. Calig., C.II., fol. 532.

Copy of the same.

654. Sureties demanded of the Queen of Scots' Commissioners. [March 12.] Cott. Calig., C.II., fol. 173.

"Suertyes demanded of the Scottish Queen's Commyssioners with ther answers."

For the surety of the nobility depending on the King. [Answer.] They shall have the state offices and . . . . which they possessed. They shall be of Council as they were. They shall have pardon for all past. They shall have any other surety the Queen of England shall think fit. The Queen of Scots shall leave to the Queen of England the whole order of that matter.

For the delivery of the young King to the Queen of England's hands. [Answer.] If the King's party receive the order of the Queen of England, they will accord also to the delivery of the King. If they refuse the Queen of England's order . . . . If the Queen of England will directly withdraw her countenance and maintenance from them, the Queen of Scotland shall force them to deliver the King, and shall seek no foreign aid of men or money, but of her own dowry.

For delivery of hostages. [Answer.] They do not deny such as the Queen of England shall demand, but they offer earls and barons, and pray that the Queen's majesty in the choice will consider how perilous it were for the Queen of Scotland at her first entry to lack the assistance of the principal noblemen of her side.

For delivery of forts. [Answer.] They say the forts demanded belong to particular persons; they are loath to deliver any of their forts into the hands of any strangers; the French hearing thereof require the like.

1 p. In Sussex's hand. Indorsed in the same hand: "12 Marcii 1570. Memoryall w^th q. of S. commyssionars."

655. Charles IX. to M. de la Mothe Fénélon. [March 13.] Cott. Calig., C.II., fol. 534.

I returned Vassal the day before yesterday with the answer to all that which remained of your last despatches, in such sort that by him you will be quite fully satisfied and instructed of my intention. Your secretary, the present bearer, has since arrived. Having very particularly seen by the despatch which you have made me by him, how, before passing further in the treaty for the restitution of the Queen of Scotland, it has been required and advised to continue and prolong the abstinence and suspense from arms till the end of this month; which I find very good, and it appears to me that they could not do better than to agree to it thus. Wherefore, I will give you such consent therein, on my part, as can be required and be necessary therein, and I will despatch when you can assure the deputies of Scotland just now in the ports and havens of Normandy and Brittany according thereto, to the end that the merchants and vessels coming from Scotland, from whatever part it be, do not remain in any doubt or anxiety that they may trade fully, hoping that in the meantime God will assist my said sister, the Queen of Scotland, and that between this and the end of the said month some good resolution will be taken for her restitution, according to the so express promise which the Queen of England, madam, my good sister, has made, towards whom you will continue always to make all the honest instance and prayer on my part that shall be possible for you; praying you to tell Monsieur the bishop of Ross that he assure my said good sister, the Queen of Scotland, that I have no malcontentedness against her, as the said bishop of Rosse has told you that she fears I have, because she might have gone too far before agreeing to many things with the Queen of England to restore her. But, on the contrary, I know certainly that what she has done therein has been according to what the Queen mother, who loves her (as she ought to very much), led by the desire and affection to have her out of pain, has written to her, which was to refuse no condition to my said good sister the Queen of England, provided that she can have liberty, and draw herself out of her hands.

However, I have hope that without delivering into England the Prince of Scotland, her son, she will not give up striving to obtain to the end of this treaty her said restitution and liberty, and that by that treaty—so far from it—the alliances which are so long contracted between this realm and that of Scotland shall be rather augmented than diminished by what shall be done; wherein, I pray you take in hand that this may be to the greatest extent possible to the profit and advantage of my said sister, the Queen of Scotland, and show therein affection, as indeed I desire and will that you may be the most that is possible, so that we could do something good for her, whom you shall always console and assist on my behalf as much as shall be possible for you, and you shall deliver the letters which I have written, as also the Queen mother has done, to the said bishop of Ross, and, in like manner, those which I have written to the Queen of Scotland of the joy and good hope that I have that she will be shortly at liberty. I shall not forget, as I shall also not do on the part of the Queen mother, to make all the instance and prayer to the Sieur de Walsingam, which we shall think can serve therein, and we will always do in other respects all that which shall be possible for her, as much for the particular and affectionate amity which we bear to her, as according to the ancient alliances and treaties of our two realms, as you can assure the Sieur de Ross.

The rest of this letter shall be to tell you that I have been very glad to see the "memoire" which was in your despatch, and of that which particularly I have heard by mouth by this bearer of all that which passed there, whereof I shall be very glad that you continue to advertise me often; but I pray you, according to what I have written to you this day, not to send more people expressly, unless it is for a very urgent and necessary matter—as I know that there was occasion for the voyage of this bearer, whom I have also minded to send back to you forthwith, to the end that there should not be any delay in the said treaty. Fauxbourg St. Honoré, Paris.

2⅓ pp. French. Copy.

656. Answer by the Queen of Scots' Commissioners. [March 14.] C.P., Vol. VI.

(Fair copy of No. 653).

2 pp. Indorsed by Burghley.

657. Bishop of Ross to Burghley. [March 14.] C.P., Vol. VI.

Please your honour's lordship, according to the Queen's majesty's appointment, receive a minute of the answers required, which we doubt not will be used by your discreet judgment, that they shall not be given into our adversaries, hand to our discredit, seeing there is nothing as yet concluded. If anything further is required for resolution of the heads contained therein, we shall be ready at calling to treat thereupon. London. Signed: Jo. Rossen.

½ p. Holograph. Addressed. Indorsed by Burghley: "The Q. of Scottes Commissioners w^t ther answeres."

658. Retention of the Queen of Scots. [March 15.] Cott. Calig., C.II., fol. 101.

If the Queen of Scots shall be continually retained here, then the following things are to be considered. (1) Her person must be more straitly looked to for escaping, her numbers diminished, and access of strangers to her forbidden, and in this matter the opinion of the Earl of Shrewsbury should be known. (2) The French King and other princes who solicit her delivery are to be answered with some probable reasons why the Queen's majesty does not put her to liberty. (3) The young King is to be maintained in his estate by the Queen's majesty's means and charges, and therein speed used to recover to him the obedience of the rest of the subjects of Scotland, either by force or by treaty, and that before the French or Spaniards shall give them comfort. In this point, it is necessary to treat with the Earl of Morton to understand how this may be brought to pass with least charge, and how the principal parties on the Queen's side may be recovered to the King. (4) The frontiers of England must be guarded with garrisons of horsemen and footmen to withstand the attempts of the thieves and borderers of Scotland, whereof the greatest part favour the Queen of Scots and our rebels.

If the Queen of Scots shall not presently be further dealt with because the King's party cannot treat upon the estate of the young King, as to dissolve it, then these things following are also to be considered, to the intent that neither she nor her friends be made desperate of her delivery. To the Queen's party it may be said, that the Commissioners for the King have been dealt with by all good means to induce them to receive the Queen home &c., and they peremptorily said they cannot condescend thereto. First,—they say that they have no authority to bring the King's estate into question. Secondly,—they allege many things to prove the Queen's demission good, and the King's coronation lawful.

To the other party, the like reasons would be made as have been to move them to think of the peril of their state, unless the Queen of England shall continue her maintenance thereof. If these reasons cannot move them to enter into the consideration with what conditions the Queen might be put to liberty, then they are to be comforted with good words, and may be required to send home to the Regent and the Council in Scotland to require answer. If they shall not assent to do so, then they are to be treated with, how their adverse party may be drawn to accord with them,—and though all will not—yet how some of them, being of value, may be won to their party, and what shall be the way to aid them for the recovery of their adverse party, if her majesty shall still detain the Queen of Scots.

3 pp. Draft in Burghley's hand. Indorsed.

659. Detention of the Queen of Scots. [March 15.] Cott. Calig., C.II., fol. 179.

Matters fit to be considered if the Queen of Scots shall be detained.

The Queen of Scots' offences must be published to show the justice of the King's cause. Her demission must be allowed as lawful. The coronation of the King must be allowed. The Queen of England must take open part with the King. She must aid him to bring all Scotland to his obedience etc.

²/3 pp. Probably written by Sussex. Indorsed.

660. Liberty of the Queen of Scots. [March 15.] Cott. Calig., C.II., fol. 178.

Matters fit to be considered of, if the Queen of Scots be set at liberty and restored to her crown.

A perfect amity, with continuation of all treaties. No money to be received in foreign aid without assent of the Queen of England. No person to be impeached for pursuing the murderers of Lords Darnley and Murray. All rebels to be delivered. Oblivion of all offences committed by the King's party. The Earl of Morton to continue Chancellor. The Earl of Lennox to have the custody of the Castle of Edinburgh. The Queen of Scots to promise performance by oath and seal. The Kings of France and Spain to be fidejussores. The Qùeen of Scots, if she violate, to forfeit her title to England, and give place to her son, etc.

1 p. Notes probably written by Sussex.

661. Delivery of the Queen of Scots. [March 15.] Cott. Calig., C.II., fol. 100.

If the Queen of Scots shall be delivered, then these things following are to be considered.

(1) That all manner of assurances be had that can be gotten, as— her son, the Duke of Chatelherault, the Earl of Argyll, Lord Herris, or Lord Hume, and all other articles heretofore "remembred" to be concluded.

(2) That the King's party may be settled in credit and surety, as— that the Earl of Morton may be either Chancellor still, or lieutenant over all the wardenries, the Earl of Marr continue keeping of Stirling, or, if it may content them, that the Earl of Marr may have Edinburgh; and the Earl of Lennox, Stirling.

(3) That if the French King shall continue earnest for the delivery of the Queen of Scots, then he may be moved to ratify that part of the treaty which was made at Leith, concerning her renunciation of all titles presently to the crown, with bond to join the Queen of England against the said Queen of Scots or any other who should seek to disturb the Queen of England.

1 p. In Burghley's hand.

662. Earl of Cassillis to the Laird of Grange. [March 16.]

"Ryct honourable," I received your letter, together with a copy of the abstinence, and "schew" the same to the Earl of Glencarne, and others of their "consale," on the 13th of March, desiring them that, conform to the same, they would desist from troubling me on my "bondes," which "on no wayis thai wald ken or admit," but continue to destroy the principal houses within this town, and raise the same, and "garnish" my place with men of war to take up my living, oppress my tenants, and "wrak" the country, and all my "dependantis" and friends; for the eschewing of which, I have promised to enter Stirling on the 15th of April next, and to put my brother in their hands in the meantime. At which time, "I man by ye jugement of me Lordes of Glencarne, Mar, and Glamse or ellis remane in ward," but in the meantime, I have "promittit" nothing against the obedience of the Queen's majesty. "Mayboill" [Mayboll].

½ p. Copy. Indorsed (by Burghley's clerk). At the head: "The erle of Cassillis lettre to ye Lard of Grange."

663. Proclamation by the King of Scots. [March 17.]

William Kirkcaldy of Grange, Captain of Edinburgh Castle, has levied certain "waigitt men of weir" under the charge of captains, without leave. Charges all liege subjects who have received wages of the said captain, and taken up arms at his command, that they leave him within three days under pain of "deid." Glasgow. Proclaimed at "Dunre" and Kelso 20th March.

p. Broadsheet. Indorsed 20th March 1571.

664. Bishop of Ross to Burghley. [March 19.] Cott. Calig., C.II., fol. 104.

"My veray good Lord," I have considered one of the arguments made by the adversaries, wherein they affirm, that although the demission "be not of the law," yet, nevertheless, in respect that it has taken some effect "opus est declaratoria"; which may be answered sufficiently, that the words of the law, "his que vi metus ve causa fiunt," etc. If it be needful to dilate this matter at length, I could send your lordship sufficient probation extracted forth of the laws to this effect. Pray use this as your wisdom thinks good, and not to suffer our countrymen to depart before some order be taken in this godly work, for assuredly "and" it be not done here, there will never be any good done therein "of my jugement." Signed: Jo. Rossen.

1 p. Holograph. Addressed. Indorsed by Burghley.

665. Mary to her Commissioners. [March 19.] Cott. Calig., C.II., fol. 156.

"Richt traist counsalores"; by your letter which we received, of the 12th and 13th instant, we are sorry to understand that it is not yet the Queen our good sister's pleasure to permit us come to her presence, where we have so long "and zit continewally wishes at God to be," for then we would not doubt to satisfy her more with one sign only of the sincere affection we bear to her, than we conceive we can do presently by all other demonstrations. We have considered our good sister's answer to all the rest of the points of our former letters and the conferences we have had with her deputies concerning the effect of this treaty, and have found good your reasoning thereupon, and your answers to their propositions; but it grieves us greatly to perceive our said good sister and her Council wax cold in proceeding towards our restitution and liberty, and to give so good care to the inventions of the adversaries, who study by all means to "impeshe" the same. At the beginning hereof, in Chattisworth, my Lord Burghley and Mr. Mildmay put us in hope of better appearance than we see yet, which (as they saw) made us so willing to satisfy the Queen and them in all things; and as we saw her pleasure in "wryt" at that time, so we gave answer in articles subscribed with our hand. We take God to witness, and the said two councillors, how willing they saw us to proceed uprightly in this treaty, and what diligence we have used to the furtherance thereof,—the proof is manifest. Yet we will not despair, but hope that our good sister will more pitifully look upon our most just and reasonable suits, and take a good and hasty resolution therein for the weal of us both, and the common quietness of this isle. If you shall see our good sister not minded finally to restore us for fear and doubt she may allege to have (although she need not) of the surety we can make her, then shall you "essaye" another way, and desire our good sister to agree with us upon all other points, and make our name and authority obeyed in Scotland amongst the whole subjects there as their Queen and sovereign, and not to maintain any of them in the contrary, and we ourself shall be for her surety content to remain in this realm during her pleasure. Otherwise, in case it shall not yet be her will to agree with us in any manner, "ze sall desyre our saidis articles maid at Chattisworth to be randered," to the effect we may at the least be left in the same state we were found in. Also, you shall desire the ambassadors of the Kings, our good brethren, there resident, to solicit that we may have in that case honest treatment, and not to be transported nor put in the hands of our enemies—which, if she do, there will be no Christian prince but will "lyke ewill" and pity the same. My Lord Shrewsbury has "meanit" to us that he will not permit any man who is forth of the appointed number of our servants here, who shall come towards us, to remain longer than five days, because (says he) Thomas Car, who departed herefrom on the 15th instant, towards Scotland, remained a whole fortnight. Indeed, he could not be sooner "dispeshit," by reason we wrote generally to all our good subjects of the good appearance you advertised us of the hasty expedition of this treaty. Wherefore, when you obtain passport for any messenger to come hither, you must require so many days specified therein as you think he may be despatched in. As to Elizabeth Carmichel's passport to go homeward, in respect of the good hope the Queen puts us in, that it shall not be needful—seeing we are so near to go ourself—we will not that you press more therefor. Sheffield. Signed: Marie R.

1¾ pp. Addressed: "To oure richt trusty counsalores and Commissioners toward the Quene of England … the Bischops of Ross and Galloway and my Lord Levingstoun." Indorsed.

666. Conference between the Scottish and English Commissioners. [March 20.] Cott. Calig. C.III., fol. 418.

"The conference quhilk we hed with ye counsale at Greinviche the xx day of Marche 1570 (being present L. Kepar, erlis Sussex, and Lecester, Admirall, Chamberland, L. Burgley, Sir Walter Myldmay, Sir Francis Knollis (fn. 2) … )."

First,—my Lord Keeper declared the cause moving the Queen majesty to send for us to be, because upon these demands proposed to us in Council, we had given certain answers which were general, and therefore, the Queen's majesty had given command to deal with us more particularly upon "the saidis headis," like as my Lord Burghlie would declare to us at great length. Then my Lord Burghlie declared that the Queen's majesty was "deliberat" to proceed in this treaty with the Queen our sovereign, in such sort that there might be sufficient assurance provided for her majesty's self, and quietness betwixt the Queen our mistress and her whole subjects, and next betwixt the subjects of Scotland themselves, and would first begin upon the said articles concerning the Queen their sovereign's assurance, "quhilk ar the samyn that ves laitlie proponit in the treaty begun at Chattiswerth . . . .," because it is required that the Queen our sovereign should be fully restored and "deliverit" to her crown of this realm that it w . . . . reason that such assurance be made to their Queen as can be devised. And albeit it lies not in the power of Scotland to give such sufficient assurance as may "contrapese" the title of the crown, yet they must have such pledges as, for fear of the loss of them, our mistress shall not break the promises made by this treaty. And, notwithstanding, in so far as it may be supposed that the Queen our mistress may as well revoke all that she does as promises at this time in the treaty, being in the Queen of England's hands, as she does now her demission of her crown made in favour of her son . . . . in Lochleven. "Ther is mony vise men thinkis that ye Quene yer maistres can na vayis be maid sewer of ony thing promeist be oure maistres nor w . . . . hir name, be reasone quhair of thai wor constranit to seik sic hostages in speciall as thai thocht moist deir to ye Quene oure maistres, and of gretest powar and auctorite, and thairfor thay hed command for to declare thay will not plesour unto that poynt, quhilk was to have sex hostages besydes ye prince, to wit, the Duik of Chattellherault in France, quha is earle of Arrane in Scotland, the earle of Huntlie and earle of Argylle, the lordis Hume and Heres, and sic ane uyer as ye Quene of England plesit to name of sic as wes tender to ye Quene oure maistres obedience, and that her hienes wald have nane uther hostage bot these onlie; quhair onto thay desyrit oure speciall answere on yat we wald yerto aggree. To ye quhilk was ansuerit be ws first in generall termes respecting the caus moving the Quene oure maistres to cum in yis realme, quhilk procedit of naturall luif and speciall favour that oure maistres bure to ye Quenis majestie truisting at hir hand to geve releif as the custome of princes hes bene heirtofore, and sic support as Kyngis of England hes gottin of her predecessoris in Scotland, and sic as scho as zit luikis eftre at the Quene of Englandis hand. And thairfoir we wald refuse no thing that may stand for ye quenis majesteis assurance. And it is not alyk of ye treaty to be maid be hir majestie heir, and yat quhilk wos maid hir hienes . . . . presoner in Lochlevine, for thay ar no thing lyk. For efter sche come to hir nobilite being in armes aganis hir upone thair promeis of faithfull obedience, and guid treatment to be maid to hir, thay wiolentlie in the contrare put hir in presone. Bot heir hir majestie com willinglie in ye quenis handis for aid and support of hir hienes as to ye Princes in erth to quhome scho is moist tender of blude and nixt adjacent." In Lochleven she was kept in strait prison. Here her majesty has liberty to ride and "promeny" about the fields at her pleasure. In Lochleven none were suffered to come near her but her mortal enemies. Here she has her own sufficient number of household servants, French and Scots. In Lochleven none were permitted to speak with her—of no state or degree—nor yet ambassadors of foreign Princes. Here sundry who come from France and Scotland have free passage to her as they please to require. In Lochleven she was not permitted to write or send message to any one "lyfe," but to "sic as thay plesit." Here her majesty can freely write. In Lochleven she was "schorit and bostit of hir leife without scho demmittit hir crowun," which she did for fear of the same. Here her majesty has free liberty to treat with the Queen's majesty and her highness' commissioners. In Lochleven she durst refuse nothing they required her to do. Here she accords what she pleases. In Lochleven she was "deputit" as a private person, without any estate or authority. Here she is "acceptit" and acknowledged as the Queen of Scotland. In Lochleven the Queen's majesty herself "refreynit" to seek her deliverance by force, for fear they should put her down. Here the Queen's majesty may . . . . her without any danger of her person. In Lochleven . . . . her true and loving subjects durst not avow her majesty's authority for the same fear, which now they affirm. So that there is no precedent to be made of her being prisoner in Lochleven over the freedom which she has at present. Therefore, we desired their honours to request the Queen's majesty to be more easy concerning the hostages, and especially of such as they had "namit," who were the principal councillors, and greatest power her majesty had for defence of her person, maintaining of her estate, and government of her realm. Wherefore, we besought their wisdoms to consider "twa headis." First;—that we could not agree nor think good to seek her restitution to her realm—being now well and honourably treated, "frelie interteneitin saifty of hir persone, being acknawlegit and haldine undouttit quene of Scotland, and being obeyit be ye grettest part of hir subjectis—that scho sall pas furth of yis realme and inter in a worse state in Scotland—being destitut of hir principall counselores and moist faythfull subjectis—and fall in the handis of hir new reconsyled enimyes, to be in thair will, and to be incarserat as scho wes befoir or mekill worse." Next;—if her majesty should enter such pledges as are required, "scho sall neither have force nor powar to satisfe the headis and articles contenit in ye treaty bot at ye plesour of hir lait dissobedient subjectis quha vald be . . . . to brek ony poynt of ye treaty as may be supponit, that hir trew subjectis quha ar requirit to entir as pledgis mycht be hangit." Which two points being considered, we doubt not but the Queen's majesty will be more gentle in that part, for such as were . . . . the most part of the realm of Scotland under their government, and the whole frontiers are under the charge of Home and Hereis, and their confederates, so that "vanting" them, her highness was not able to execute justice in any part of the realm, nor to keep her own person in surety.

It was "replyit" by my Lord Burghlie, affirming by example of France, who gave the principal of their realm in hostage—such as the King's two sons—for his own relief, who were given for pledges at "Bullune." We answered, that there was offered for our mistress the Prince, her son, the Duke of Chattellerault's person, who was third person of the realm, with some of the principal earls and lords of the realm. But, as to the French pledges, they were no counsellors, but young men, and might have been "weill sparit." After this my Lord Keeper said that this matter was not of small consequence "quhilk conteynit the titill of ye crowne of Ingland, and knew not gif the haill realme of Scotland myght be sufficient securite for ye quene thair maistres, and give we maid greit accompt and held thay nobill men in estimation it vos the part of trew counsalores to move hir majestie to requier thame rather nor ony uther." And if the Queen our mistress was restored into Scotland by appointment, with consent of her whole subjects, these whom we called her most trusty counsellors and friends [the next fifteen lines are decayed] "and could not be content that thay sould be ony wayes altered bot to be holie accordit as thay wor proponit than be hir commissionaris. To the quhilk we ansuerit that ve vor content, conforme to ye use accustomat in al sic wechty materis, to begin at ye first article and to treate of every one of them to the end, and so vald give direct answeris atheir to aggre with thame or gif ane reasonbill caus for oure refuse, zit as befoir we desirit effectuisle that thair honoris vald be so guid as to move the Quene, that thais articles quhilkis war so hardlie requirit of ws myght be mitigat be hir hienes in one gentill maner. Quhair upone we desyrit to knaw hir majesties will and plesour, quhilk yai promesit to do, and to that effect thay past to ye Quenes hienes, and in ye mene tyme removit ws; and at thair returnyng we enterit agane in counsale. Quhair it vas declarit to us upone hir majesties part, that sho desyrit the hole articles that vas proponit at Chattisvorth be the Quenes majestie and . . . . for her assurance to be accordit unto be us" [much faded and worn] "with additions thereto, especially of the hostages, to wit, the Duke of Schattellerault, the Earls of Huntly and Argyle, the Lords Home and Hereis, and that the castles of Edinburgh and Striveling should be given in keeping to the Earls of Lennox and Mar. And because the treaty for the assurance of the Queen's part could not be well performed unless an accord and perfect reconciliation was made betwixt the Queen of Scotland and her subjects, and amongst the subjects themselves to that effect, the Queen's majesty of Scotland "myght be restorit with universal consent of all hir subjectes, and ye quene of England [several lines decayed] "with the Quenis majesties honour to suffre her to depart quhill that yis treaty sall tak sum effect, in respect of hir promisses maid to other Princes and to the Quene of Scotland."

"Item:—It is not neidful to thame to retourne for one commissioun, in respect that ye Prince is ane infant and hes no consent att all, there predendit regent is the quenis off Ingland's subject. Mortoun is heir, who is the contenance of thair forces. Mar and Glencairn, men abill anneuch to follow ony gud advice, and thair is no uther nobill men of ony accompt upone thair part."

"Item:—We are assurit that ther ves ane pretendit Parliament haldine be thame in their . . . . October last, quhairat they chuysit Lordis of thair articles; quhilkis Lordis sat as is accustomat, and thens devisit the erle of Mortoun and ye Lord Glammis with sic utheris as thay plesit to cum in England with sufficient commissioun to treat vyth ye quene of England upone all the headis contenit in the articles commonit at Chattisworth, quhairof thay had inspectioun and suire knawlege of the effect yerof, so that thay can pretend no ignorance. And lykwise to the samin effect thair ves no act maid for the uplifting of any taxatioun throw ye haill realme of the sowme of xij M. markis for sustenyng there charges ye said vyaige. And for these and mony other reasonis thay alleiget gif thay sould be suffered to depert on yis maner, thair vos no houp to be had of ony gud succes in yis treaty, and that Mortoun vald no more keip his promesses" [several lines decayed] "as vos possible to be done for expeditioun. Bot seing thay had no commissioun, they could not preasse thame, zit … thay affirm we had in yis a greit advantage, for now the Quenis majestie and the counsale hed declarit plainly and manifestlie to Mortoun and his collegues that she was determit to restore the Quene of Scottes to her crowne and realme, quhilk sho nevir did to Murray nor ony other before, and that sho wuld tak sufficient assurance and promise of Morton to trawell with all ye remanent of there party in Scotland to yat effect," and if he did not proceed truly the Queen would promise upon her honour to leave them and assist the Queen our mistress and her party, and affirmed that it would be a great diminution of their credit in Scotland when they shall hear that he is not moved to hold a parliament for restitution of the Queen, and deposing of their King, and it is very requisite to have an order kept as well in the taking of the crown from him by a parliament "as it was approved be ane parliament . . . . delay sould not be longar nor the lawes of Scotland w . . . . a parliament quhilk vas alreddy cont … to . . . . in respect of ye quhilkis they desyrit to be advyse for ane day [the last six lines are decayed]. Signed: Jo. Rossen; A. Galloway; William L. Levyngston.

5½ pp. Some corrections in the bishop of Ross' hand. Much worn and decayed in parts.

667. Parliament in Scotland. [March 20.] Cott. Calig., C.II., fol. 178, b.

"Perelles yf a Parlament should be called by the King's partye in Scotland to gyve auctoryte to certen to treate etc."

(1) That the Queen's party will not accord that the King shall call a parliament, the rather for that the King's commissioners will not enter into treaty here of the matters that shall be treated in that parliament, and it is likely that the Queen's party will require that the articles shall be accorded here etc., before any parliament be, so that no question may arise afterwards in the treaty.

(2) The Queen's party, if they do not accord to the parliament, will conceive, if it be called without their consent, that all is but delay, that the treaty will take no effect, and that they will seek some other course without the Queen.

(3) That the King's party, finding the maintaining of the King there to be desperate, will seek accord with the Queen by "componyng" amongst themselves with the French assistance.

(4) That, by the composition, the Prince may either be continued amongst them in Scotland or kept in surety in France.

(5) By this means the Queen of England would have no security but the person of the Queen of Scots, which will be kept with more difficulty when all Scotland shall be united.

1 p. Probably written by Sussex.

668. The Laird of Grange to Drury. [March 20.]

Earnestly desires him, after he has read these other letters, to close them with his own "stampe," and send them to the Queen of Scotland's commissioners. Though this manner of dealing of the Earl of Lennox compels him to run another course than he thought to have done, yet, let no man think that he will leave any good office to maintain the amity between the two realms. Edinburgh Castle. Signed: W. Kyrkcaldy.

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

669. The Laird of Grange to the Commissioners of the Queen of Scots. [March 20.] C.P., Vol. VI.

My very good lords, these are to advertise you that I received your writing dated at London, the 2nd of March, together with the prorogation of the abstinence, whereby I have learnt of the Earl of Morton's arriving there, and of the audience which he got of the Queen of England; also, that your lordships, upon the 24th day, in like manner "gat presens"; at which time there was "ane certane" of her highness' Council appointed to treat with you on her highness' behalf, and that her majesty was minded to proceed without delay in the treaty, and to take speedy resolution therein to your lordship's contentment, whereof I am very glad, praying God that the same may take good effect. Immediately after the "reset" of your letters, I sent the Duke a letter with the prorogation of the abstinence sent to me, and also wrote at the same time to all the noblemen, the Queen's favourers, and others of my acquaintance desiring them most earnestly to give no occasion to make any trouble during the time contained in the same, which "thai war layth to grant onto" at the first, in respect that they judged the same could be no better ways "kepit" than it was before. After they had understood the Queen of England's good intention for performance of the treaty, they willingly accorded thereto, notwithstanding that the Earl of Lennox "hes usit him self moir uttragiouslie" since, upon the Queen's good subjects, than before the taking of any abstinence, as of late they have not ceased, after the "randering" of Paslay, to put to "deid" nine men "that com in his will," although Mr. Erringtoun assured me that he had in charge to cause the said Earl to desist from any further troubling of any of the Queen's subjects. After this, since the last abstinence came to the Earl of Lennox's hands, he passed to Air to have "persewit" the Earl of Cassillis' "rowmmes" and tenants, with sundry other noblemen and gentlemen in those parts, as you may perceive by the copy of the said Earl's letter inclosed. In the meantime, I was "werry hardle preiseit" by sundry of the noblemen to withstand the said attempts, which I would in no ways condescend to, but rather "disswadit" them therefrom, and that for the great goodwill I have ever borne and bear for the entertaining of the amity betwixt the two realms. Nevertheless, yesterday, the 19th instant, I being at the "sermond" within this house, the Earl of Lennox sent a messenger with a proclamation in his name, commanding all men under my charge to leave my service and depart within three days, under pain of death—a thing which I thought very strange, considering the state of the amity, and my former behaviour. Wherefore, I can gather no other thing but that the said Earl will take his advantage of all men during this abstinence; and, therefore, I am determined to stand upon my guard, and provide for myself and my friends the best that lies in my power, by all means possible, that we suffer no further injury at his hands. If your lordships shall hear any reports hereafter upon this occasion, you may be assured that I have been constrained thereto by the said Earl against my will. Please make my Lords of Sussex and Leicester and Mr. Secretary Cisill participant. Edinburgh.

1²/3 pp. Copy.

670. Parliament in Scotland. [March 22.] Cott. Calig., C.II., fol. 179.

"Howe foren Prynces maye be satysfyed with ye defferyng of ye accord with the Queen of Scots till the Parliament in Scotland."

The lords of the King's party have no commission, nor can have, but by Parliament, as they say. They promise to procure commission by parliament to converse with the other party, and to treat of no other matter in it. The accord between the two Queens cannot be perfected without this parliament. The Queen of England is to forsake the King's party if they proceed not directly etc.

¼ p. Probably written by Sussex. Indorsed. Written on the same sheet as No. 659.

671. Herries to the Commissioners of the Queen of Scots. [March 22.] C.P., Vol. VI.

"My werrey gud Lordis." This troublesome country is presently so "ewill," and so far "by ye expectatioun" we who continue our obedience to the Queen's highness, our sovereign, had in the abstinence taken at the commandment of the Queen's majesty of that realm, that I thought it good to advertise you thereof. Without order put thereto, all such as obey the Queen will be "hariit," or else "we mon concure with forces to resist." Their forces are not to be judged the cause hereof, for they "doith" not do the same if they had not—as is supposed—greater help than we know, for I trust it is not unknown to you that the money they "gat send" to them before the Earl of Morton's departure, has caused them "to gang to Peslay, quhair thay without eny deserwyng for keping of thair maisteris house hangit nyne abill men, Hammyltounis and utheris," and hold divers of the rest of them in "extreme presone." Afterwards, the Earl of Lennox, with the "waigit" men, came to Air, declaring that he would destroy the Earl of Caslis and his "haill boundis"; for avoiding whereof, the said Earl of Caslis was "constrynit" to enter himself in ward at Striveling. So the Earl of Lennox and his faction, with the aid which it is thought here they got from England, and promises made, as is alleged, of further help, may well move Karyk and Eglintoun to obey them.

L[ennox] has also sent proclamations charging Galloway "abon cete" to come and obey him on the 24th of this month; otherwise, declaring that they would pursue them with fire and sword, which will be hard for them to resist. A copy of this proclamation I have sent you herewith, and have thought it necessary plainly to declare, that in case there be no order taken in this cause, "undelayitlie" there will be very few or none tarry in the lowlands of Scotland forth of strengths. My lords, believe this to be true, and with your wisdom provide remedy there, if you can; but it is "grettemlie" doubted, and firmly believed by all men of judgment, that you will never get any end of your treaty there, "bot to mak oure enemeis to be obeyit under the cullor thairof." There are some "bruittis" here that England is preparing to send some forces into Scotland, but that comes of the other party, and we believe it not.

The Earl of Mortoun "wald say to zou the quenis obedientes hes done to the uther party wrang. The treuth is obeyand the Quenis majesties commandment in this abstinence, thay have nevir convenit thame selfis togidder, nor done eny thing that the lawes of the realme will notht allow quhen it sal com to jugment nor zit prejudiciall for the abstinence." Your friends and "rowmes" are as you left them, looking most earnestly for your proceedings. Terreglys. Signed: Hereis.

1¼ pp. Copy. Indorsed: "The copy of my Lord Hereis lettre to my Lordis commissionaris for the Quene of Scotland."

672. Declaration by Elizabeth. [March 23.] C.P., Vol. VI.

"The declaration maid be the Quenes majesty to the Quenes hienes commissioners of Scotland the xxiij day of March 1570."

The Queen's majesty declared to them that she had "travellit" very earnestly with the Earl of Morton and his colleagues for a good agreement to be made for restitution of the Queen of Scots, betwixt her and her subjects, and betwixt the subjects of Scotland themselves, and that her majesty had declared plainly to them that it was her "determit" mind to restore the Queen, provided that her own assurance and the said agreement were first made; but her highness was assured that the Earl of Morton had no commission or authority to treat thereupon. So that "on force" she "behuiffit" to grant licence to them to return into Scotland, and there to hold a parliament of the estates on their part, which shall only be to give commission to certain to treat thereupon with her majesty's own commissioners, and others of the Queen of Scots' own nobility, and no other matter shall be "treatit" in that parliament. These commissioners to meet upon the Borders of Scotland or here at London, as her majesty and her Council shall advise, immediately after their parliament in the end of May next, and that, in the meantime, an abstinence should be taken and kept betwixt all parties in Scotland. Also, that her majesty would send into Scotland one of her own of good credit to remain and attend till the said parliament should be ended, to see that all should be duly observed; assuring us that if they failed in appointing of the said commissioners, or attempted anything contrary to the said agreement, her highness would no further assist them; and, therefore, desired to write to our sovereign to have her answer and advice hereupon, praying her to agree to the same, for her majesty proceeded in this wise for the security and contentation of them both; and for testimony of her "determit" will to proceed in this wise, promised to write to our mistress, and to her lieutenants in Scotland, as also to the King of France, declaring the cause of this delay, and her good mind to end this treaty for restitution of our sovereign.

"Certane notis to be observit for satisfying of the Quenes majesties desir."

(1) The Earl of Morton shall make sufficient assurance to the Queen of England that he and his adherents will proceed according to her appointment, and observe these "nottis" following.

Item:—that nothing shall be "treate" in their parliament, but only certain commissioners to be chosen, and sufficient power given to them to treat for a perfect agreement for the full restitution of her majesty.

Item:—that the abstinence to be taken till 1st June shall be kept in all points inviolable etc.

Item:—that the commissioners shall return into England before the end of two months, to proceed in the said treaty.

Item:—it appears best that the commissioners shall meet near the Queen of England, and not upon the Borders.

1¾ pp. In a Scottish hand. Indorsed (by Burghley's clerk).

Cott. Calig., C.II., fol. 539.

Copy of the same.

673. Bishop of Ross to Burghley. [March 23.] C.P., Vol. VI.

A poor Scotsman, bearer hereof, called John Tringhame, has an action depending before "my Lordis of ye secreit counsell," as he has informed me, and, therefore, I pray your lordship to take some regard thereto, so that the poor man may have justice. London. Signed: Jo. Rossen.

⅓ p. Holograph. Addressed. Indorsed by Burghley.

674. Shrewsbury to Burghley. [March 26.] C.P., Vol. VI.

I have received your letter of the 15th of this month, together with the Queen's licence for my absence this parliament, for which I render most humble thanks unto her. Albeit, if her majesty had thought so good, I would have been rather glad to have done my humble duty there unto her highness. But, seeing her pleasure is (in respect of this charge) that I remain here, I will not fail to have regard thereto. I will not forget to await for the party you made mention of, according to her majesty's commandment. Sheffield. Signed: G. Shrewsbury.

Postscript. I have willed this bearer, Mr. Batman, to impart the state of things here.

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

675. The Regent Lennox to Elizabeth. [March 26.]

Requests a passport for "Maister" David Borthwick, the younger, "fear" of Lochill, with eighteen persons in company with him, to pass and repass through her realm into and from France for one year. Glasgow. Signed: Mathew Regent.

¼ p. Broadsheet. Addressed: "To the Rycht excellent Rycht hiech and michtie Princes oure dearest Suster and cousinace. The Quene of England." Wafer signet; lion of Scotland.

676. Mary to Elizabeth. [March 27.] Cott. Calig., C.II., fol. 160.

"Madame," after all other public affairs, I wish humbly to pray you in particular to remember in this parliament, that during the other, everyone sought particular declaration to his advantage, but me only, and I remitted my cause into your hands by Robert Melvil without looking for other favour than from you; wherein also I was not deceived by you, for you alone took my part, as it has pleased you greatly to cast in my teeth; which also I now pray you to favour, and so much the more since I am in your hands, and I will not seek, as you have commanded me, otherwise than by you, in this case; and if you permit that others, my adversaries, put forward anything, I entreat you permit that someone may also answer in my favour for the defence of my good right under your favour, seeing, as above, that I desire to move nothing on my part to displease you without other respect, I swear to you, and I will pray God that he will long preserve you in your estate. Sheffield. Signed: "Vottre bien affectionnée bonne sœur et cousine Marie R."

1 p. French. Holograph. Addressed: "a la Royne madame ma bonne soeur et cousine." Indorsed: "26 Martii 1571. y^e Q. of Scotts to y^e Q^e ma^te w^t an oy^r lettre ye last Martii."

677. Mary to Morton. [March 30.] C.P., Vol. VI.

Having understood by my Lord Boyd of what good mind you were before your coming to this country to have acknowledged yourself by good "effection" to satisfy us in all things by your "delaling" in our causes betwixt the Queen, our good sister, and us, "as also we have laitlie hard frome the bishop of Ross, our ambassador thair, the good apperance is found in zow, evin since your cuming here, of your former inclination and rememberance of dewitie toward us, wharby we myct the rather be moved to hear unto your reconciliatione"; we have taken occasion thereupon to write thus far unto you for the present, that if you will show yourself willing (as it seems to us you do) to confess your offences "bypast," and crave our pardon therefor, and also in time coming to amend towards us in living hereafter as a true, faithful, and obedient subject, in that respect you may be sure to have our "hartlie" pardon, benevolence, and good favour. For, seeing that the Queen, our good sister, is of that loving mind "deliberat" to restore us to our crown and realm, and therewithal to make a good agreement betwixt us and our subjects who have declined from their due obedience unto us, we can well find in our heart to set aside all the evils, griefs, unnatural extortions, and displeasure committed against us since the beginning, and are content to remit the same graciously to every one in his own respect; provided that they first acknowledge their faults, and crave our pardon, so that also in times coming they continue in their "bound" duty as loving subjects.

You and the rest of them have had (I doubt not) good enough experience of our merciful dealings and clemency shown at all times. Yet, praised be God, these qualities are not extinguished in our heart, which should move you the more to assure yourself (if you now return to us, and go about to deserve our good favour) that you shall take no reasonable assurance thereof, as we have commanded our said ambassador to declare unto you more at large in our behalf. So that "eftir as we hear of your forder proceeding with him, ye shall likeways knaw by him forther demonstratione of our good mynd as shall apperteane," whom you shall credit as ourself. Sheffield. Signed: Marie R.

1 p. Copy. Indorsed (by Burghley's clerk): "Double of the Q. . . . . (fn. 3) to the erle of Mortoun the penult of Marche 1571."

678. Mary to Elizabeth. [March 31.] C.P., Vol. VI.

It would be no little consolation to me, after so much delay and long patience that I have had to support since, under your promised favour nearly three years ago, I came for a last refuge (after God) to throw myself into your arms—to understand, as Lord Schrousbery has told me in your name, that you have a care and intention to restore me to my place and just authority by your favour and natural bounty towards me so desirous of your good grace. I forthwith will not perceive the inconveniences that threaten me, obeying that which for the same effect my commissioners have written to me, and am more constrained thereto for the desire to render you faithful testimony of my sincere intention to please you (for which I commend them in one respect), that foreseeing the malicious intention of those who have put before you such proposals before, who only endeavour to gain time with me for their particular advantage under your avowal. But, madam, I beseech you in a matter so important to permit me to be heard in my defence before I am condemned for the refusal thereof for the crime of distrust of your promises, or of obstinacy; reminding you that, before all other things, I reserve three points—conscience, honour, and estate. Offering myself in all the rest to please and obey you, which I intend to do still more than ever, and in this it pleased you to assure me that you would never press me. Whereof, madam, I appeal to you, being misinformed by my deadly enemies—to you alone, after having heard my just excuse. And first, whereas it is alleged to you that Morton and his colleagues have not sufficient power to treat concerning my restitution, it is only an absolute excuse; for the power that they pretend to be given to them by their pretended Parliament, and if they will take their oath before you to the contrary, I will make you, if you please, to know the truth, and that they have sworn falsely, as my commissioners can declare to you more fully. For the rest, what greater authority do they wish to wait for, seeing that your intention had been unknown to them at their departure? Their purpose is to send to seek more ample power without returning thence, and to put all parties in distrust, and mine in despair of your favour towards me. And for that, what have they to do with the presence of Morton? For the others follow his counsel from here as well as if he were there —his person not carrying any authority; and I assure myself that the others will not refuse to follow his advice, being avowed by you, who undertake their protection. Or why do they wish at this time that I should permit their departure any more than I have permitted the others, if not by guile to the end to entrap me by this consequence, that in approving that, I should authorise the others who would aim at my demission by Parliament, and the avowal of the authority usurped in my son's name, which it is necessary that they confess to be null, insomuch that what they made me sign was by force, and against my will, for fear of my life? Otherwise, if the said demission had taken place, it would not now be in their power to dismiss my son in his boyhood; and in this respect all that they could do in that Parliament would be revocable as well for your surety as for mine, or theirs—being subject to the same revocation as the others preceding. Without the declaration of which to be null and of no effect, in vain shall I make offer for my restitution. And, as I wish no surety to myself from them, than their obedience, which they owe me naturally, and have sworn—and some of them re-sworn in private and public speech,—as Morton will be able to testify for his part, and of recent memory, when I pardoned him the murder committed in my presence. God has made me Queen. I hold my right of Him, and require assistance of you as my nearest relative and neighbour. On these points I have much wish to explain myself, remitting to my commissioners to explain the above at all times, and to point out to you again the inconveniences which can happen. As to the other sureties required, I shall refer myself also to them. Beseeching you only that you will not press me to consent to a thing which the fear of my life may constrain me to refuse, as I have fully enough discovered at Chatsworth to Lord Burghley and Mr. Mildmay, of whom I would desire you that it would please you now to enquire concerning my particular allegations and doubts; begging you to excuse me if I trouble you with too long a letter, for the weight of the burden they wish to put on my shoulders (which is to obey you to my dishonour, damage, and danger, or to displease you) constrains me, without dissimulation, to make these remonstrances to you, not requiring for the present other favour than that it would please you not to comply so far with their requests that all mine be rejected, which I feared since before Morton's coming. Without the assurance that I have always hitherto, that all other respects had been put in the background, the promise of my restitution made to the King, my good brother, will be of more force than the persuasions of my adversaries, be they what they may. Hoping also that you would not, at the desire of my enemies, deprive me of your good grace and inclination towards me, not giving other occasion than not having been able to consent to put my estate in dispute, my subjects in danger, and my enemies in authority, obtaining for exchange or recompense only the hope of a promise, which I have from you already, and the King, my good brother, in your name, of which I make no doubt, coming from such a Princess. Protesting that I have not in anything less affection than before to please and obey you in all that I can; of which my deportment till this hour can give evidence, not having refused any of your commandments—which my enemies cannot say they have done—and especially in the observance of the abstinence, which gives me hope that it will please you to be content with some more reasonable composition. And if it will please you to find good that which I offer you instead of that, tending to the same surety, giving me to understand you will, I will write for the surcease. In which case, whenever Morton departs, it will please you that my commissioners can presently depart, passing by here towards me,—at least one to return into Scotland, and the other two, as they were accustomed, if you are agreeable, the one staying near you, and the other near me. And in all other particulars, in such case necessary, I pray you to give credit to my ambassador, the bishop of Ross. Sheffield. Signed: Marie R.

2¼ pp. French. Indorsed: "Coppye de la lettre de la Royne escripte a la Royne d'Angleterre du dernier jour de Mars 1571 avant Pasques."

679. Bishop of Dunblane to the Laird of Gartuly. [March 31.] C.P., Vol. VI.

"Seir, I heve ressavit ane lettir of zowres fra Schefeild ye 7 of Januar, menine that in Angers yis zeir bypast resoming of my Lord of Glascow's diligence in ye Quennis Magestis our mestres affaris as ze wret, I schew to zow that my Lord Cardinall of Loran hed tarld and advertist me plenle zat his L. ferit to dell prevale with him in sindre pontis conserning hir magestes affars, berason he had so gret respect to his awine particularatis that in ane maner he necleckit sum pert his dewate towart our mestres, and that at zowr returning in Ingland I mest ersfulle requirit ze casit schaw to hir Majeste amanges all other maters that pont twitchin my sed Lord of Glascow, to quhais cnawlege ye sam is cuming, and that ye ar bruttit not onle to ye Quenns Mageste our mestres bot also wyth my Lord Glascow to be ye inventur of ye sam."

As to the first head of your letter, "trewle I am of our sowerance and hir henes Imbassabores opinion, I mein that ze ar ye inventour off sik as ze chargit my Lord Glascow with at zowr retwrning fra Angeres, and man be on to ye tyme ze descharge yowr seilff yeroff wpon sum other mer cleirle and evidentle yan ze mein to do on me. I hewe wsit sik diligence that ye coppe of hir heines lettir send to hir oncle my Lord cardenall of Lorraine, efter ye sycht of zowr information maid yeropon is cummin to my handis quhairine is continwit as follouis word be word—' Le Sieur du Gartuly m'a signiffie par lettres que vous luy avies commande de me dire de votre part que nosies parler ny tracter librement de mes affairs avec mon ambassadeur Monsieur de Glascow pour quelque suspition q'aves de luy a l'occasion de la trop grand privance et familiarete qu'il a avec telz qui ne de ne desirent nullement l'avancemant de iceux'—Heir I appell zowr jugment to considir and in consiance to confer quhe differant yis information is fron it quhilk is continit in zowr bell (fn. 4) wrettine to me, differant I say bay^t in meter and mener of propone yereof. It differs first in meter in sa far as zowr informant giwine to our sowerane is grondit apon ane swspition of my lord cardeneles contrer my lord Glasco for ye intelligence he hed with hir henes awin frinds quhilk is efter my juggement ane point of trason. And zowr bel send to me quhairof ye wordes ar abov rehersit grundes yis suspition apon sik respek as my lord Glasco buir to his awne particular awancemant, quharby his L. necleckit sum pert his mestres efferes, quhilk is not tresonabill bot ane pont of schlaw service and mer ase to be helpit."

Secondly:—Your "informanes" differs in manner in so far as you informed her majesty that my lord cardinal commanded you to make such report of my Lord Glasgow's familiarity with her own friends. "Trewle I newir trettit with his lordship for zow bot in zowr awine presance, excep for ane letill particular triffill quhilk ze knaw passis not ye walour of twa houndret crowns." Give such honest persuasions and reasons as are "premittit" men "not bind zow authir narrar hame nor Rome quhairto ze derek zowr lettir," I will refer my part to God, and complain to his divine majesty who has already "revengit" my cause "contrar ze proudest of zowr brethren quha wald hewe burdwnit me and bund on me be menassing and bost."

You desire to be excused for your sharp writing. The sharpness of it I count nothing, but I will complain to God and our sovereign of the injury done to me by your "hyct wretting." Vaison.

3 pp. Copy. Closely written. Indorsed by Burghley: "ult. Mart. 1571"; and (by Burghley's clerk): "The double off a lettre from ye bishop off Dunblayne to Gartuly."

Cott. Calig., C.III., fol. 58.

Another copy of the same.