Elizabeth: September 1575

192. Elizabeth to Henry Killigrew. (fn. 1) [Sept.]

Having of late seen the copies of certain writings sent by him to the Earl of Huntingdon concerning certain demands and questions propounded to him [Killigrew] by the Commendator of Dunfermline and the Justice Clerk in the Regent's name, she finds by the same that the Regent has so far forgotten himself, by such a strange and insolent manner of dealing, to the blemishing of her honour and reputation, that she thinks it convenient that he charge him particularly with these points in manner following.

First;—he shall declare to him that—howsoever it fall out touching the parties that hereafter shall be found faulty in the disorder lately committed by the detaining of her Warden and governor of so principal a fort as Berwick is, a thing that so much wounds her honour to the eye of the whole world—so foul a fact can no ways be excused, the blemish thereof not being removed, nor her honour repaired; and that he cannot well answer to the State there, in that he has given her so just a cause of breach of the treaty with that realm, whereof, if she would take advantage by prosecuting that just revenge that she is provoked to, he should then both perceive and learn what it were for one of his base calling to offend one of her quality. And whereas he goes about to excuse the detaining of her Warden, alleging that he doubted the recent trouble and hot blood, having lost his brother-in-law, might draw him to enter into some kind of revenge, he is to declare to him that such a kind of excuse connot by men of judgment but be interpreted rather to be more scornful—and so to aggravate and double the fault—than tending to the qualification of the same. Would have him know that neither Foster nor any other public minister or private su[bject] of hers carries so small respect and reverence to her, her government, and authority that either he or they da[re take] upon them to enter into a particular revenge to the b[reach] of a public treaty without her knowledge and allowance. Supposing, according to the Regent's doubt, Foster, being set at liberty, had so far forgotten himself and had entered into a particular revenge, can [she] think that a man of government and judgment [like] the Regent pretends to be should weigh [some] inconvenience of a particular revenge [more] than the offending a Prince of her state, whom, for her power, he has reason to dread, and for her benefits employed upon that realm so just cause to love and reverence?

Secondly;—notwithstanding this his manner of dealing, which justly might have provoked her to a revenge, she has thought it not reason that a whole realm should bear the burden and smart of the folly of one man, and is content, at his request, who desired that there be some search made for the principal instruments of the disorder to the end there might have issued some punishment of the offenders, that the Earl of Huntingdon repair to the Borders to confer there in that behalf either with the lieutenant [or] some other of like quality to the Earl of Huntingdon. Her dealing might have provoked a man of judgment rather to have duly acknowledged his former error than to have given a new occasion for propounding so strange questions to him touching the manner of meeting and proceeding in the searching for the ground of the disorder; which gives her just cause to think that he either has her in contempt or that he has not yet learned what appertains to the room and place he now holds. Whereas he has taken upon him to appoint a place of meeting four miles within Scotland, is to declare to him that she reputes it so ambitious a part, and to savour so much of an insolent desire of sovereignity, that she would think great scorn to have like request made to her either by the King his master, if he were come to his government, or by the greatest Prince in Europe, having received that injury and touch of reputation that she has received at his hands—much less at such an inferior's hands as he is, in respect of the difference of their qualities.

Whereas he desires to know whether the meeting should be in armour, he may say to him that she esteems the question strange, considering that she is not entered into any kind of hostility as yet, whereby there should be any apparent cause to meet in armour. Touching the copy of the Earl's commission, he shall say to the Regent, that if he means thereby such a commission as should be under her broad seal, she means not to use that solemnity in this matter.

To conclude;—he shall declare to him, that if he himself in person shall be content to meet the said Earl in place convenient for her honour on the Bound Road, she can then consent that the meeting shall proceed; otherwise she does not mean that he shall join with any other in that realm but himself, whereunto she knows no cause why he should not consent to yield, when some of his predecessors have not stuck to repair—as he can well remember—to York, and afterwards to her person well near 300 miles within England. If he shall not [agree] to this, then he shall show him that she means not to employ persons of greater quality than Sir Thomas Gargrave in the conference, and others whom the Earl of Huntingdon shall join to him, and who shall receive their commissions at his hands.

Having done with the Regent, she must not forget to say something to himself. First, she must charge him with his dark and slight kind of advertisement, whereby he shows himself not so careful of her service as in duty he is bound. Secondly, he can receive such demands at their hands that so much touch her in honour without making any reply to the same, whereas, indeed, if he either weighed her [service] or his own duty he would not put up [with] things in such sort as he does.

3½ pp. Copy. Indorsed.

Cott. Calig., C. V., fol. 51.

Another copy of the same.

193. The Regent Morton's Declaration to the Earl of Huntingdon. [Sept. 6].

Whereas, upon his declaration how grievously the Queen of England had taken the late misrule and disorder happened at the meeting betwixt the Lord Warden of the Middle March of England and the keeper of Liddesdale on the 8th of July last, but especially the stay and detention of the said Warden and others her subjects after that day, and taking promise for their returning, whereby her honour might appear to be wounded, he answered him by speech of his meaning and proceedings in that behalf according to the very truth, affirming that he would approve the same by his handwriting for the more full and cartain information of her majesty, and satisfaction of all good men, who, peradventure, upon some sinister report have been induced to conceive the contrary opinion. Trusts it shall not appear that her honour was anywise wounded, the state of the case, his true meaning, and the necessary and good occasions that moved him, with their circumstances, being well and indifferently considered. When he was first advertised of the accident, being for the time quiet at his house, he wrote immediately to the Queen and her Council certifying the cause according to the report he had received, and craving knowledge of her mind and pleasure touching the order she would have in that matter followed out, for that he was ready, upon answer from her and the Council to proceed in such form as should be found meetest, to have the circumstances tried and ordered to the honour, weal, and quietness of both the Princes, their countries and subjects. With which letters his meaning was to have directed a special messenger of his own, if he had not then received knowledge of the coming of Mr. Henry Killigrew to Berwick; upon whose incoming to him he stayed his own messenger, desiring the ambassador [Killigrew] to hold forward his intended journey, offering him whatsoever convoy or surety he thought meet either for his coming or remaining, as he thought by him to have understood more shortly her highness' meaning, as also by him to have informed her of his mind. But he being somewhat crazed and weak by sickness (as he wrote to him) could not then instantly satisfy his desire by his coming. He also with diligence convened such of the Council of Scotland as then could be had together most readily, "exponit" to them the case, and required their advice toward the ordering of the same, especially how the Warden and other gentlemen of England, then being at Jedburgh, should be used. Whereupon taking deliberation, and considering the nature of the said Warden, his charge, his disadvantage so freshly received, the recent slaughter of his brotherin-law, and the multitude of broken men and disordered people under his rule, who, being either commanded, licensed, or moved by him (being at home), their seeking of sudden revenge might have drawn on such mutual incursions on either part as should have broken the country and begun the war in effect before her majesty's knowledge. Had report of some hard speeches uttered by the Warden and others in his company tending to the same end. All which being considered, it was thought better that he should be a little while stayed, and well entertained till the knowledge of the Queen's mind, than that he should so suddenly, upon a hot blood and recent displeasure, pass home, where a little of his countenance might have moved the people, as it had so recently done at the late meeting, fearing the second meeting's mischief should have exceeded the first, and be found more difficult to appease, and for her majesty's honour, seeing he was her officer, caused him and the gentlemen who were with him to abide with him in his own house of Dalkeith (which is no room for receipt of prisoners), where they were well used as his friends.

Sent proclamations and writings without delay all over the Marches of this realm straitly commending the observation of the peace, and that none should attempt any manner of hostility against the subjects of England on pain of death, certifying also the wardens of the West and East Marches of England desiring them to show their earnest goodwill for the observation of the peace, as the like disposition should be found in him and the officers of this realm for the King's part, until such time as by good order to be taken, upon knowledge of her majesty's mind, the trouble might be set down and appeased to the punishment of the private offenders and the public benefit of both the realms.

No Englishmen were prohibited from access to the Warden and other gentlemen of England, nor they restrained from any part that they were desirous to visit during the few days of their remaining there, without any guard for their custody, and as soon as the Warden showed him that their tarry was somewhat scaithful to them, and that they were desirous to be at home, he freely condescended thereto, as also to his own "home passing" as soon as he perceived in him a mind to keep the peace, and a promise that he would so do, till the matter be tried and appeased, which he always persuaded himself should be her majesty's resolution, if in the meantime the borderers were kept in quietness, without new trouble or occasion of further inconveniences offered; and so, before any knowledge of her majesty's meaning was received, he had agreed that he should pass home. The taking of promise for their returning was assuredly upon no other intention but to hold them the more mindful of their promise made for the observation of the peace until her majesty's pleasure should be known, and order taken for good rule of the Borders, in respect of the misliking standing through the accident fallen, never meaning to detain them longer under promise than that some order should be taken towards the good rule of that Middle March by the wisdom of such as her majesty should happen to commit the consideration of the matter to; and such good effect followed hereupon that since the day of the trouble till this conference, little or no new occasion of disorder intervened to hinder the end which in the beginning he wished for, and always has been careful to attain to, that is, the continuance of peace, the offence happened being tried and ordered to their punishment in whom the offence grew, and to the honour of their sovereigns and quietness of all their good subjects, etc. Whereby it well appears that he was far from all meaning any manner of dishonour to her majesty, but contrarywise, then and at all times ready to honour her with all lawful service and good offices tending to the weal of her estate and the continuance of the peace and good amity, having at all times borne her and her estate a sincere good mind and true affection as that Princess to whom the King, his sovereign, is so dear, and this country so far obliged for benefits received, the thankful acknowledging whereof he trusts has always so appeared, especially since he entered into this charge of government, that he thinks her highness and her Councillors have had no cause of misliking given on his part, nor have her subjects on the Borders ever had better neighbours or readier justice and redress till this accident chanced, and that not of any malicious meaning to the dishonour or offence of her majesty or hurt of any of her subjects, but to his grief, as God is his judge. Which premises considered, and her majesty being informed of the same truly, he has no doubt that she not only will stand well satisfied with all his late doings in this matter, but that she will esteem him to have done that thing which most probably and apparently serves to keep quietness for continuance of the peace, deserving her good allowance and thanks in that respect. Trusts this declaration will satisfy her majesty, and if upon good consideration it may be found that the reasons before rehearsed do not fully satisfy, he will leave nothing undone that may be esteemed to redound to her honour, the same standing with the honour of the King, his sovereign, and the common weal of his realm.

4 pp. Copy. Indorsed: "Copie of the Regentes Declaration, 1575, Septemb."

Cott. Calig., C. V., fol. 62.

Another copy of the same.

194. Lord Seton to Elizabeth. [Sept. 6.]

"Madame, perceaving dalye th'augmentation off your heinesse great and bening fawours towert my soun (which I do and shall thinke alwayes doine unto my selwe) suche humanite in so hight and mightye a Princesse deserweht (as most humbley I render unto your majesté) innumerables thankes, and haith moweth, zea compelled me rather to be reputed to boulde nor ingrat. Wherfore thus shalbe to lett yonr majesté understand my duetie and trew meaning to recompanse at all my power the manifoulde courtasies wseth unto him; and als to testifie unto your prencely majesté that I shall att no tyme inlake no goodwill to declaire my selwe grate alwayes to do your hienesse most humble and deu service, as your majesté lyketh to commaunde me: knowing also perfytlye my soun, in respect off the courtasies receawed, will do your hienesse, as weill becumeth him, most humble and assured service for ever, notwithstanding the curious and oowre politike braines off some that haith soght to giwe your majesté occasions to estime otherwayes. Contraire whois meaning and to thintent your hienesse mott try with tyme and long experience his fidelte, I am constreined to dedicatt his most humble servitude unto your majesté, not knowing also howe to recompanse the smallest part off your hienesse excellent courtasies and goodnes otherwayes at this present but by suche a offer, which I besiche your majesté, as your hienesse doeth excel in all wertu, constance and humanitée, to tak in good part. Seton. Signed: Seton.

1 p. Addressed: "To the Queenes Majesté." Indorsed by Walsingham.

195. Disorders on the Middle [March. Sept. 13.] Cott. Calig., C. V., fol. 35.

"Articles concluded and accorded upon at Foulden the 13th day of September, 1575, betwixt the right honorable James, Earl of Morton, Lord of Dalkeith, Regent of the realm of Scotland, and Patrick, Lord Lindesay of the Byris, commissioners for the King's highness of Scotland, assisted with Robert, Commendatare of Dunfermling, cheife secretarie to his grace, Marke, Commendatare of Newbotle, Sir James Hwme of Coldenknowes, knight, Lord Warden of the est Marche of Scotland over against England, and M^r Jhon Scharpe, advocate for the party of Scotland, and the right honorable Henrie Earle of Huntingdon, Lord Hastinges, Lord President of the Queen's majestie of England's counsale established in the north, and Henry, Lord Hunsdon, Lord governour of Barwicke, and Lord Warden of the East March of England over against Scotland, commissioners for hir majestie, assisted with Sir Tho. Gargrave, knight, Sir Henry Gates, knight, Rafe Rokeby, and Robert Bowes, esquiers, all of the same counsale for the partie of England, for compounding and redressinge the late disorders committed at a meeting at the Redswire on the midle Marche upon the vij^th of July last, betwixt Sir Jhon Forster, knight, Lord Warden of the midle Marche of England and Jhon Carmichell, the younger, deputy Kepair of Liddesdale."

First;—it is agreed that all and whatsoever countenance, speech, deed, wrong, and injury done by any of the subjects of either realm against the others the said 7th day of July, and whatsoever may depend thereupon, shall not hereafter be any cause of breach of peace; but the same peace, as it is established by God's special grace and favour, to continue perpetually hereafter, to the pleasure of God, the honour of the Princes of both realms, and the wealth and quietness of their subjects. And, nevertheless, in consideration of the said great disorder, and of the evil example that thereof may ensue, to the terror of disordered and seditious persons hereafter, it is agreed and determined that the offences committed on either side on the said day shall be tried and punished as follows.

The slaughters and hurts on either part shall be tried and punished, and the goods taken redressed by order of such commissioners as shall be appointed by the Princes of both realms to that effect, according to the laws of the Marches, or otherwise by their good discretions; and for the more surety and better execution of justice, all the persons suspected shall be apprehended with all diligence, and surely kept in ward, or [ ] upon surety under great sums to be answerable for the same slaughters and hurts wherewith they shall be charged, as accords; and that the commissioners shall first meet at Reddenburne, and after that at such places and times as shall be agreed upon betwixt them. And forasmuch as the Lord Warden of the Middle March of England and divers gentlemen and others in company with him were stayed upon the ground, and some of them even then set at liberty, and the said Lord Warden and certain others after that detained in Scotland fifteen days or thereabout, that the Queen of England's pleasure might have been known in the meantime touching the appeasing of the said trouble, who were after that set at liberty, being all the time of their remaining well and friendly entertained, the bands also and promises given for their re-entry at the beginning of this conference, on the 17th of August last, were by open proclamation made void and discharged: and since it appears that her highness esteems her honour herein offended, for further satisfaction of her highness and declaration that the Regent will leave nothing undone that in honour and reason may satisfy her, he shall betwixt this and to-morrow night enter four gentlemen of his own name and four of the name of Carmichael to remain in the town of Berwick during her goodwill and pleasure, or elsewhere in England where her majesty shall appoint.

These articles shall be fully done and speedily executed according to the true meaning and intent of the commissioners herein named. Vera Copia. Signed: H. Huntyngdon.

2 pp.

Cott. Calig., C. III., fol. 521.

Another copy of the same.

196. Robert Bowes to Walsingham. [Sept. 14.] Cott. Calig., C. V., fol. 58.

That I may witness my care to satisfy your late request, and in all things accomplish your will to the best of my power, I have presumed to trouble you herewith, as one to whom I acknowledge especial goodwill, heartily praying you to accept in good part this piece of the same.

On Monday and Tuesday last past the Regent of Scotland, Lord Lindsay, and the other commissioners for Scotland met, at Foulden, the Earl of Huntingdon, Lord Hunsdon, and the assistants for England. After some discourse of former proceedings and consideration of the cause of their meeting, and declaration of her majesty's pleasure expressed in her last letter to the Earl of Huntingdon, they readily accorded upon sundry articles. (1) That due punishment shall be done on the offenders in the late slaughters and corporal hurts committed at the broil at Redswyre, with speedy restitution of the goods taken at that time, according to the laws of the Marches. (2) That eight gentlemen of Scotland, whereof four are of the surname of Douglas, and of the blood of the Regent, and the other four Carmichael, should be delivered, to remain in England and endure her majesty's correction at her pleasure, for the offence of taking and detaining Sir John Foster and the other English gentlemen. Which eight persons are already entered and received according to this agreement.

For further satisfaction of her majesty, and signification of the Regent's readiness to submit all things to her majesty's good pleasure, he promised to deliver John Carmichael, the principal in the assembly of the Scots at Redswyre, to abide simply such punishment as her majesty shall determine. He is "respected" for some few days to make his entry to Lord Hunsdon, for his better "furniture" and establishment of all things at home, and good order taken for his entry and conduction to the Earl of Huntingdon. Now, whereas no execution is already done on the offenders in the slaughters—as haply will be looked for—the same is deferred only because the offenders standing to their purgation and denial may not orderly be condemned before lawful trial and conviction; which, as well in default of the certainty of the manner of trial of slaughters by the laws of the Marches, lacking practice of the same these many years, as also in want of sufficient power in these commissioners to proceed herein, cannot in such perfect manner and with warranty be made as the value of the life of man and reasonable order require; and therefore they referred the execution of this to be done by fit commissioners to be joined and authorised by the Princes of either realm. In the meantime, for the surety of due punishment to be done with speed on these "faultors," it is provided that, as the names of those suspected or accused are interchangeably delivered, so they shall with diligence be apprehended and safely kept in prison, or upon good bond to answer all things objected against them, and to abide such pains as the quality of their offences shall deserve. And although these eight gentlemen delivered are guiltless, and by their innocency may some deal restrain her just correction as upon guilty trespassers, yet, forasmuch as the most part of the takers of the Englishmen were very base and of mean calling; therefore, for the more honour and better expedition of this delivery these said eight persons, being of name and possessions, were offered and also accepted. And whereas fourteen several persons are principally accused for the slaughters of the Englishmen, and sundry others noted for the hurts there done, it is thought that the apprehension and safe keeping of these offenders will give no less terror to like disordered persons, than execution to be done of some few; and the execution following thereon will continue the memory of this chastisement, with thanks to her majesty for the mercy bestowed on the remnant pardoned.

The state of all these things is certified at length to the whole table of the Privy Council; and because you shall thereby much better understand all these acts and reasons of accords than by my disordered scribbling, therefore I spare to trouble you further herein, beseeching God that as with great care these are brought to this conclusion, so they may well content her majesty and benefit both realms.

That you may know how the Regent pretends to desire much to be restored to her majesty's favour and good opinion, his offers and acts give some taste, and I trust you shall find his disposition declared by other letters of greater credit than these.

For his own testimony and his good meaning and service towards her majesty, he openly declared that her majesty only made him Regent, and that for her alone he has thus long served in this office, wherein he first desires to satisfy her in these present causes, and after, with her favour, to be dismissed, and his room committed to some other to her liking, wishing to have opportunity to make his complaint, which he will only commend to herself and good pleasure, as haply by his own letters and messenger may shortly be signified.

As he and the most part of the nobility of Scotland, especially such as love this amity and quiet of their realm, profess outwardly to be wholly devoted to her majesty, avowing their services to her in recompense of some part of her benefits received, so they seem to revenge and detest all devices that may draw them from the same, saying— as the truth is—that her majesty is the only safety of their King, and the stay and life of their welfare. It may, therefore, be thought a fit time, after the end of these troubles, for her majesty to bestow a cheerful countenance towards the Regent, which shall continue his friends to join and cleave to him, and in fear restrain his adversaries to discover their intents. But these things, as wholly and far beyond my capacity, I leave to your wisdom, heartily beseeching you to pardon my boldness and to accept all these here written, not as any opinions, judgment or purpose in me to set forth or pull back any matter or person, but simply to verify to you the doings and words seen, heard, and reported to me, to use as your good experience may best determine.

The expectation of the convention reported to have been intended in Scotland is now frustrate, and the bruit thereof seems to have been raised rather of practice than of truth.

Whereas I perceive by my Lord of Huntingdon, upon letters from the Earl of Leicester, that her majesty did not hear me signify to her highness the consent of the Regent that the offenders in the late slaughters should be punished according to the laws of the Marches, like as I declared to the Earl of Leicester, I may hereby think my journey unfortunate and myself deeply fallen to just sorrow, not only because my service received such evil success, but also and chiefly that it is noted that my default has procured such hard effect in so weighty a cause; trusting, nevertheless, that her majesty, upon remembrance of my speech and the questions moved by her to me, with my answers, will favourably call to good memory what passed me therein; and I hope Sir Thomas Smith and others, upon the like good remembrance of my words and certificate to her majesty, will give testimony herein for me. But, as I am fearful and loth in any wise to offend her majesty by avowment of anything beyond her good pleasure or my own duty, so choosing rather to fall under this heavy burden with discredit than to hazard the inconvenience of her majesty's displeasure, I do not, therefore, write this to you to call this matter to trial, but freely yield with humility to commend it to silence. And yet I most heartily beseech you to use the same friendly, by your good discretion, that her majesty may, above all things, stand pleased, and, after my credit saved, as my part and doings only, without offence to her majesty, may in truth deserve. Berwick. Signed: Robert Bowes.

4 pp. No flyleaf or address.

197. Huntingdon, Hunsdon, and others to [the Privy Council]. [Sept. 14.] Cott. Calig., C. V., fol. 60.

"It may pleas your honorable lordshipps to be advertized," that since the receipt of the Queen's late letters of the 29th of August, directed, to me the Earl of Huntingdon, we have met with the Regent of Scotland and Lord Lindsay, and other their assistants, commissioners for Scotland, on the 12th and 13th of this instant, and conferred together for the redress of the late disorders committed at the Redswire the 7th of July last, the which chiefly, as we take it, consists of two parts; the one for the goods, hurt, and slaughters of the subjects, and the other the wrongful chasing, taking, and withholding as prisoners of the Queen's Warden and divers other gentlemen, and not suffering them to depart but under bond or promise of re-entry, as though it had been in the time of open hostility, which, as we declared, much touched the Queen's majesty in honour if the same should not be revenged or other ways salved to her majesty's contentation; and after long debate, to have her majesty satisfied, we concluded as in sundry articles herewith sent to your lordships may appear. And although, for the first part, we found the other commissioners as willing as we to have the offenders speedily punished, yet for that the same was to be done according to the treaty of peace, by the law of the Borders, and by the wardens of both realms, ourselves not having authority for that purpose, therefore, we thought it meet to be referred to be executed by special commissioners of both the realms, for the reasons and considerations ensuing.

(1) First, it was thought the wardens "to be as parties to the factes," and were much touched both in their own causes and for their friends.

(2) It was also feared the wardens at their meeting should hardly be able to execute justice without great stir and danger to both Borders, for that the facts and disorders touched so many evil men on both frontiers, and of the greatest surnames.

(3) A third and special cause was, for that the wardens have not used to do any execution for murder these forty years past and above, but ever referred the causes to the Princes; and yet the law is, that the murderer being convicted according to the law of the frontiers, he should be delivered to the warden where the slaughter was committed, and receive ultimum supplicium, which is taken to be death. But that law has been so long unexercised and out of experience that they cannot well put it in execution.

(4) Another cause is, for that by the law of the frontiers, the "assizers," as they call them, who are the juries to try the causes, be chosen of six Englishmen and six Scots, and that the Scots are only to find the offences done against England, and the English to present those against Scotland, and that, therefore, as well in respect of favour towards their countrymen, neighbours, friends, and kinsmen, and specially for fear and avoiding of deadly feud, which is common amongst them, it is thought little good or none could be done that way.

(5) And therefore, for these causes and divers others, we thought meet to refer to the tria[l] and execution of this great matter to be had before such sufficient commissioners of both realms as shall be appointed, to the intent the same should be well and severely done and executed with death of the offenders, and good recompense for all hurts and losses of goods sustained at that disorder. And to the intent the offenders should be known and not escape, we have, as privately as we could, enquired of their names, and have received accusation against thirteen several persons for the death of the six Englishmen who were slain at that affray, the which your lordships shall receive herewith in a note. We have delivered those names to the Regent to the intent they may be taken and brought before the commissioners to be appointed, to be tried and executed according to their demerits; the which we trust shall be to the terror of the evil and such like offenders, and to be an example for a great time to come.

For which purposes, if it may please your lordships to move the Queen's majesty with convenient speed to direct her commission to such commissioners as shall please her highness to join with like commissioners of Scotland for the causes and matters abovesaid, we have good hope that justice shall proceed according to her highness' contentation.

And for the second part, touching some amends for the taking and retaining of our warden and others as prisoners—upon that matter we find the takers to be men of so mean calling and base estates that they were not meet to be received, and therefore we thought good, for the Queen's honour, to have delivery made of some of better state and degree, which might be more to her majesty's contentation: and thereupon the Regent seeming very willing to satisfy her majesty by all the means he might, not only offered willingly to deliver to her majesty John Carmichael, his kinsman and servant, deputy keeper of Liddisdale, under the Earl of Angus, but also has delivered this day eight other gentlemen to remain as prisoners in England, where "it shall like her majesty," during her pleasure; whereof four to be of the name of Douglas, and four of the name of Carmichael, all gentlemen.

John Carmichael shall be with me the President until her majesty's pleasure be known what shall be done with him, and the other eight gentlemen be remaining here with me the Lord Hunsdon, in Berwick, until further knowledge of her highness' pleasure be signified.

Finally;—for that we have found the Regent and all the commissioners, his associates, to be much offended with the said late event, and showed themselves ever ready—and specially the Regent above all the rest—to satisfy the Queen's majesty in anything that reasonably should be demanded, their duties to the King only excepted, therefore we have thought it our duties in truth and equity to advertise your lordships thereof. For surely that our commission had served either to demand or receive, or seem content with anything before the Queen's majesty's pleasure known, we might, as we verily think, have received so large recompense as we now have long before this. But we neither durst receive their offers nor demand any certainty before we know her highness' full pleasure. Berwick. Signed: H. Huntyngdon; Hounsdon; Thomas Gargrave; Henry Gate; Rauff Rokeby; Robert Bowes.

2 pp. No flyleaf or address. Notes in the margin in Walsingham's hand.

198. John Livingston to his Wife. [Sept. 15.] C. P., vol. X.

"Weilbelovit wyff, efter maist hertlie commendationes." Please write that I have received a letter from Gilbert Curll, the copy of which you shall receive within this letter, making mention of the Queen's majesty's mind towards me. Ride to my Lord Arbroath and my Lord Claud with all diligence and desire a letter of theirs of the Queen's majesty in my favour declaring that the "wrangus" report reported to them of me was "wrangouslie" invented, and was not of truth, "of the quhilk thay have tryit the contrar sensyne," and send to me with "possible haist": and also you shall desire a writing of my Lord Seton's for the same effect, and send [it] with a writing of your own to her grace, and show them the great hurt that I have for that cause, the which I never deserved at their hands; and this fail not to do, "putting" no doubt if I had their letters but I would be well answered of my silver that is "auchtand" me here. Paris.

½ p. Copy.

Inclosure with the same:—

(Gilbert Curll to John Livingston.)

It is not possible that you could have had a better friend than the Queen's majesty [of Scotland] herself, who was lother than any other to credit the many reports made of you since your "parting" from hence until the affirmation thereof by divers advertisements of sundry persons of quality, who, with your long silence, so moved her majesty against you, and consequently "did" the mouths of such here as have professed your friendship to their power, that for all the offers you have made in your late letters, without better testimony, I see no great appearance of change of the opinion conceived anent your behaviour, nor that her majesty will grant allowance of the wages which you ask. I pray God you may be able to prove your innocence to her majesty's full satisfaction. Sheffield Castle. 21st August, 1575.

⅓ p. Copy.

199. Henry Killigrew to Sir Thomas Smith. [Sept. 18.]

Thanks him for his friendly remembrance of him. Received his letter and her majesty's of the 29th ult. at Berwick, on the 12th instant, being detained so long by the Lord President, he thinks, because he should before his taking leave of the Regent do some offices for the better preparing of the Regent to the good ending of the brabble. In his simple opinion her majesty's commissioners have done her such service that better could not have been done by any in this case. The day after he received her majesty's letters of revocation he took leave of the Regent, according to direction; and howbeit his grace seemed to be sorry for his return, yet he could not but think the causes so reasonable that her majesty could not well deny him so necessary a suit. He [the Regent] stands in hope that the Queen will send some other into Scotland, and in the meantime his grace said he would endeavour to omit no good occasion that might continue and increase the good amity between the realms, and willed him to assure her, and to do his most humble commendations of service to her. For all his haste he was stayed here by reason of a mischance, a horse having almost trod off the nail of the great toe, so that he has been cruelly pained and cannot well suffer any boot on his leg. Newcastle. Signed: H. Killygrew.

2 pp. Holograph. Addressed. Indorsed.

200. The Regent Morton to Walsingham. [Sept. 20.]

The late accident happening even as Mr. Killigrew came to Berwick has not only interrupted such other things as they had to deal in, but hindered and made slow the course of their letters "other to other," to his grief and misliking, having found at all times so friendly and comfortable advice therein, that nothing was more welcome to him, but now—and the rather [because] of the ambassador's [Killigrew] returning—prays him to renew his former "trade," and sometimes, as things come to his knowledge, to let him have some taste what their neighbours are doing in the world beside them. If he would know further of their conference and treaty, this gentleman, his cousin and servant, John Carmichael, is able to satisfy him; whom, because he was the principal on the ground when this trouble happened, he has directed to him to know the Queen's pleasure, and, if she wishes, to make demonstration of his own dealing as well that day as since he was employed on that charge. Has also some other servants of his at Berwick to abide her highness' pleasure. In that she thought her honour offended by the stay of her warden and other her subjects, the effect being answered according to the integrity of his meaning, it rests with her for their return. Must "employ" all his good lords and friends to be suitors to her majesty for the same end—not for his private respect only, but that this country may perceive in her majesty now, as before, a favourable and gracious dealing, since nothing is or shall be omitted that in reason or honour tends to her contentation, although he has found the proceeding at the Earl of Hundingdon's hands "large harder" than he looked for. Prays him to procure answer to some matters delivered before, and now of late also to Mr. Killigrew, as soon as opportunity can serve. Delivered some hawks for his use, but is doubtful whether they came to his hands or not. Dalkeith. Signed: James Regent.

1 p. Addressed. Indorsed.

201. The Regent Morton to Henry Killigrew. [Sept. 20.]

His late departure happening sooner than he looked for, he had neither leisure nor remembrance to desire from him the answer and resolution of such notes as he delivered to him at his former departing from Aberdeen; howbeit, by divers letters from Mr. Secretary Walsingham he was put in assured hope thereof at his coming into Scotland. Desires that he may be resolved in writing in those things whereof he looked to have been answered by him by speech, the sum of which he has briefly noted and incloses herewith. Prays him to be mindful of them. Trusts he will let the Earl of Leicester and Mr. Randolph understand his honest meaning and good part towards his lordship, as he can bear record. Recommends the bearer, who is known to Killigrew, to his lawful favour. Thinks long to hear of his proceedings upon his return to Court. Dalkeith. Signed: James Regent.

½ p. Addressed: "To the richt worshipfull my very loving freind M^r Henry Kyllegrew esquire." Indorsed.