Elizabeth: November 1579

435. Elizabeth to James VI. [Nov. 7.]

"Right excellent, right high and mightie Prince, our deerest brother and cosen"; we have received your letter, dated the 5th of October last, mentioning a declaration made to you touching Claud Hamilton. For answer of which letter we desire you to understand, first, that we do not mean in this case to do anything in the favour of Claud or his brother but that which we are bound to do in honour and in the faith of a Prince, and that also which we hope shall no ways be to the disquieting of your estate, but rather a staying of outward attempts to the troubling of your new begun government in your own person, and a multitude of others comprehended within the pacification which was in February 1572[-3]. Because the contents of the same are at great length in writing, and the causes of the conclusion thereof were very many and urgent for the reducing of that realm into quietness, we refer the remembrance thereof to the Earl of Morton, then Regent, and likewise to the Earl of Montrose, Lord Ruthven, Lord Boyd, and the Commendator of Dunfermline, then commissioners for you, with others now dead; and because the discourse of those things requires more length in writing than is convenient for a letter, we have caused a summary thereof to be put in writing and to be communicated by this bearer, Nicholas Erington, to yourself or to your Council, whereunto we pray that the Earl of Morton may be especially called, and the rest of the before-named lords who were commissioners, who evidently may see how our honour should be touched to have this matter of the murders in this sort prosecuted without our assent to the same, under our seal, as it was ordered to be; and yet, briefly, for your satisfaction, because you ground yourself upon a letter of ours dated the 11th of April 1573, sent to the Earl of Morton, so it is that though such a letter was written, yet because the Earl of Morton and your Council then being did not find that letter sufficient whereupon to proceed in Parliament at that time, we by other our letters of the 11th of June then following gave our advice in express words that you should not proceed at any time against the Earl of Huntly or the Hamiltons comprehended in that pacification for the said murders without our advice and assent under our hand and seal; and in the same letter also expressly declared our advice upon a second matter referred to us by the pacification, that no inqusition or question should be made for the spoils done in the time of the hostility by the said earl or the Hamiltons, or any of their part, whereof no mention was made in the former letters: which said letters of the 11th of June being delivered to the then Regent by Henry Killigrew, were accepted by the said earl, and by a writing under his hand, sent to us by Henry Killigrew, he promised that our advice should be followed and fulfilled in both those two points. Since which time never motion was made to us for any our further advice and assent to the contrary, neither did we look that there should have been any manner of proceeding against them without making us first acquainted contrary to that our resolution, whereunto we are in honour bound; and so also we think that the Earl of Morton himself, as then Regent, and all the commissioners yet living, and also the three Estates of that realm who confirmed that pacification by Act of Parliament ought in duty and in honour to give their advice to you to stay this manner of proceeding in this sort, as it is; for herein it is not only to be regarded what in this present action shall be committed against promise, but also it is to be well thought upon how in time coming, upon any like accidents which are in God's will to suffer to happen, any trust will be given to any like motion of peace and quietness. And to the end this may appear manifest to you, we require that the Earl of Morton may as well produce that our letter and last resolution of the 9th of June, as the former of the 11th of April, which, indeed, was not perfect, nor there so accepted, as by many proofs contained in a memorial delivered to this bearer, if need be, shall further manifestly appear.

And now, to the latter part of your letter, seeming to find fault with the lack of justice on the Borders by the default of the deputy warden of our East Marches, we do assure you that there is nothing omitted on our part to charge officers to do their duties; who likewise answer us that the whole default is in the wardens of your part; and for the purpose our cousin of Hunsdon, being Warden of the East Marches, one of the Lords of our Privy Council here, has for his own discharge delivered to us in in writing divers articles manifestly proving the default only to be in the opposite wardens, in Scotland, which this bearer has likewise to present to you and your Council. Greenwich.

2⅓ pp. Copy. Notes in the margin. At the head: "Minute of hir majesty's lettre to the King of Scotts answearing his of the 5^th of October before."

436. Elizabeth to Morton. [Nov. 7.]

Having received his letter dated the 6th of October last, wherein he writes that the King of Scots thinks she will rather further and procure the due punishment of Claud Hamilton and others being guilty of the murders of the Regents, than to show herself as a mediator in their favour, she could not but find his writing very strange, considering that he best knows what was determined at St. Johnstone in February, 1573, for the prosecution of the said murders, and what she resolved on in June following; which accord she might think that he had either partly forgotten—which was unlikely—or else he was willing, for some cause, that the same should be at this time passed over in silence. But, for the better information of the King, and for safety of her own honour, being greatly interested herein, she has written her mind to the King by this bearer, Nicholas Erington, to which, and to such other her instructions given him, she remits him to receive further knowledge of her answer, hoping that he will reduce to the King's memory the true story of the same, and upon what urgent causes the pacification was made, and therein have regard to her honour now, as then she had regard to be a mediator and a promittor, and also an extender of her treasure, only to procure a peace and end of the civil wars directly made against the King and his authority, and his, being then Regent, especially.

1 p. Copy. At the head: "Minute of hir majesty's lettre to the Erle of Morton in answeare to his of the 5^th of October before."

437. Memorial for Nicholas Errington. [Nov. [7].]

"A Memoriall for Nic. Errington to repaire to the King of Scottes with hir majesty's letters in aunsweare to the lettres of the said King dated quinto Octob. 1579."

He shall have delivered to him a copy of the King's letter to her majesty, by which he shall perceive the same was written in answer to a letter of her majesty's of the 13th of September on behalf of Claud Hamilton, one of the sons of the late Duke of Chatelherault, and also how the King demands delivery of the said Claud, grounding his intent of proceeding to be by reason of a letter from her majesty of the 11th of April, 1573. In the latter part of the King's letter he shall perceive the King's complaint concerning the borderers of the East and Middle Marches, for default of meetings of the wardens of the part of England. To both which matters, though her majesty has made some answer in her own letters, yet because the confirmation and proof of the matters touched in her majesty's letters require a longer scope than conveniently may be contained in a letter, therefore, after he has also considered her answers in the said letters— whereof he shall have a copy, he shall inform himself further in the same causes by the memorial and copies of sundry other writings which herewith are sent to him. He shall understand, and be able to avow, when he shall have audience given him, in order to enlarge the contents of her majesty's letters, that from the beginning of the King's reign till the 23rd of February 1572–3, there was never any general quietness in Scotland, but a continuance of civil wars, maintained by the greatest of the nobility taking the part of the King's mother, during which troubles it is well known how the Queen of England's favour to the King and his Regents, and how her forces and expense of great treasure against his adversaries from time to time maintained and advanced his estate, which otherwise had been in great danger than is now meet to be spoken of, whereof the Earl of Morton can for his time best inform the King, and so may he and others also "remember" to the King the like for the former times of the other Regents, the particularities whereof he may say he is willed to forbear to declare, considering her majesty will take it for a sufficient recompense for her kindness and costs to have the same not suppressed with oblivion to the King, now at more age of judgment, considering what was done by her majesty for him in his tender years, when no manner of Prince or potentate any ways received him, but rather procured him continuance of trouble. He shall let the King understand that the pacification mentioned in his letters, made at St. Johnstone, 1572, was laboured for by his Regent and Council by the space of one year before, and at length was laboured to be brought to pass by her majesty, without whom there had been no end of those civil troubles, in which the Earl of Huntly and the Hamiltons, with a great part of the nobility of Scotland, being so assisted by the Queen of Scots, as well in France as in Scotland, were principal heads, and no ways to have been reduced to the King's obedience but by her majesty's authority and by her forces there prepared to come into Scotland for recovering the Castle of Edinburgh for the King, which was done by her majesty, and how sincerely and frankly delivered to the King, all the world knows; and for that at the treaty of the pacification, there appeared two great difficulties to reduce it to a perfect end, whereof the one was concerning the prosecution of the murders of the two Regents; the other was concerning the spoils committed during the civil wars, it is well known and to be proved, and may also be well remembered by the Regent, that those two points were referred to her majesty with a determination at that time that no person being reduced to the King's obedience by that pacification should ever be molested for either of the same two things, as at that time promise was made by Mr. Henry Killigrew; whereof the commissioners for the King were privy, and without which promise there would have been no pacification. It was thought expedient not to express any full remission thereof in those articles, but for form's sake to refer the determination thereof to her majesty, who was the meatest person to give that resolution. Which afterwards she did for the full perfection of that pacification, as neither of the parties comprehended therein, nor any other within that realm of any value ever moved any trouble to advance the title of the Queen, his mother, or withstand the authority of the King; so that it may be well recorded to the King the best act that was done for him since the beginning of his reign, and therefore in nowise to be infringed in any part.

Item:—to approve and make good the determination of her majesty by her letters of the 9th of June, he may say it shall first appear well by the Acts of his Parliament begun at Edinburgh, the 15th of January, before the pacification, that the three Estates of Scotland gave advice to the Regent that for public quietness' cause he should grant commissioners for the slaughter of the Earl of Lennox, and was advised to suspend the pursuit of the King's father's murderers; so that it then manifestly appeared by the general counsel of that realm how necessary it was to have those causes to be partly ended and partly suspended, whereby all persons interested therein might without fear of further vexation be drawn to the King's obedience, etc.

Item:—he is to have a copy of the 14th and 17th articles of the pacification, which were referred to her majesty's determination for contentation of all parties, and so it followed that, though by her letter of the 11th of April, mentioned in the King's letter, she wrote to the Regent, as by a clause contained in the said letter appears, whereof the King makes the only ground of his present proceeding against the Hamiltons, yet it shall manifestly appear that neither the Regent nor the King's Council then being, nor the three Estates accepted the tenour of the letter to be sufficient whereupon to proceed in Parliament, as was intended by the article of pacification; but the 30th of April, being the day before the ending of the Session, the Regent notified to the Earl of Huntly and the Lord of Arbroath that because the full advice of her majesty was not fully returned by the said letter touching the 14th and 17th articles, the Parliament which should have ended the next day could not give their declaratory, and therefore the Parliament was ordered to continue to the last of August; before which time her majesty might send a perfect resolution to the said two points, with the clause thereto added, that if she should not before that so do, then the Regent should perform that which the commissioners of the pacification, with certain others, should advise him. Is to have a copy of this the Regent's writing.

The like declaration to this was also made by the Regent and the King's Council on the 30th of April for the satisfaction of the Earl of Huntly and the Hamiltons, and all others contained in the pacification; whereof he shall also have a copy. Hereupon it followed that her majesty, for a more perfect declaration of her advice, and knowing how needful it was to deliver the Earl of Huntly and all the Hamiltons, with all their parties, from doubtfulness or despair of surety in time to come, whereon she found them doubtful by their own letters and by her ambassador, and also by the manner in proceeding in the Parliament, where the pacification was ratified, of all which she was advertised—by her letter to the Regent, dated the 9th of June, declared her resolute advice concerning the murders and spoils, reserving to herself a condition in these words: "that no proceedings should be "against them that were charged with the murders without her "advice and consent to be given under the hand and seal, or other"wise the parties to stand as quit, and not answerable." This letter being delivered to the Regent in the said month of June, and a declaration thereof from her majesty by her letters and ambassador to the Earl of Huntly and the Hamiltons, though they looked to have an absolute remission therewith without any further advice hereafter by her, yet, considering the former promise made in her name, they seemed to be contented with the contents of her letters of the 9th of June, and so they persisted in their former profession of perfect obedience to the King; and so likewise the Regent at that time accepted her declaration contained in the last letters of June, as by his writing delivered to her ambassador in the latter end of that month of June may appear. In which writing the Regent made answer to all parts of her majesty's letter, that her advice should be followed and fulfilled touching the two points of the pacification reserved to her order. He shall also have a copy of this writing.

Being instructed in this sort, there is no doubt but he shall have sufficient matter to satisfy the King and his Council according to her answer by her letter. [See No. 435.] He may say that the offer made by Lord Claud for himself and Arbroath for loyalty, her majesty has only heard, without giving any answer thereto until the King might be fully informed. Whereas by the promises he may see that the Queen of England's declaration of the 9th of June that the remissions should be ratified by Parliament, wherein it was not known what was done, he shall do well, by means to be made to Lord Claud, being now in England, or by some other good means in Scotland, if he cannot inform him, to understand whether her answers given the 9th of June were not ratified by the Parliament that followed in August; for if they were, then, without any contradiction, the King himself stands bound at this time; and if he finds it true he may use it for a reason of good force to move the King. But if the same were not ratified, yet the Queen's honour stands bound upon the reasons expressed.

If he shall perceive the King or his Council still stick fast on the letter of the 11th of April, though there is no reason why they should so do, he may well say that if there had been no other thing done but the advice given in the letter of June, yet the words thereof being that "all accusations and revenges should stay until the King should be by the laws of the realm of age to take government to himself," it is and ought to be intended by all laws and usages in that realm to be forborne until the King should be of more years than he is yet, not being fourteen; and so, by that interpretation, the prosecution ought not to be begun, as now it has, against the Hamiltons. Is not to make this allegation as though directed, but rather of his own construction, to be used privately to the Earl of Morton or some of the Council, and not to the King, for that it does not seem convenient to allege anything to the King to the prejudice of the authority of his government, though he has taken it upon him before his majority, which at the least ought to be fourteen years. He shall also do well to deal apart with the Regent and others who were in commission at St. Johnstone, and move them to have a regard in this action to the maintenance of the pacification and all things which depend thereon.

In answer to the last part of the King of Scots' letter for disorders on the Borders, he shall, counselling with her wardens, instruct himself to give him satisfaction, keep her honour, and procure an equal dignity on all parts, to which he shall assure the King she is most willing to give all furtherance and assistance to her best power.

6 pp. Copy. Notes in the margin.

Cott. Calig., C. V., fol. 175.

Copy of the same.

438 Forfeiture of Lords John and Claud Hamilton. [Nov. 10.] Cott. Calig., C.III., fol.572.

Forfeiture of John Hamilton, Commendator of Arbroath, Claud Hamilton, Commendator of Paisley, and others in the Parliament held at Edinburgh.

7 pp. Copy. Notes in the margin in Burghley's hand. Printed in "The Acts of Parliament of Scotland," vol. iii. p. 129.

Cott. Calig., C. V., fol. 181.

Copy of the same.

439. Messages from Mary to Leicester. [Nov. 12.] C.P., vol. XI.

That the Queen of Scots esteems the Earl of Leicester so honourable a lord and full of truth, that as yet she has not been able to enter into doubt of his promises and protestations of goodwill, so often recited and witnessed to her in his name by divers persons of credit and authority, specially for the right she pretends in the succession of this realm, which she holds to be so clear and just that no faithful counsellor of this State may either be against or oppose himself thereunto, his conscience and duty toward his country saved. She has, therefore, credited less what might have been told her to the contrary, and such dealings of his which by appearance might have been interpreted in evil part by her friends, not knowing the grounds of his intention, even as he in like occurrences may have conceived some wrong impression of her doings toward him. Assures him that never has anything "parted" from her to his prejudice. Laments that for entertainment of their friendship she could not find the means to write thereupon. Declares to him that she can never hold any for her friend who "dresseth" to make her son a party against her, or who shall directly or indirectly uphold or maintain the Earl of Huntingdon, whom she knows to be her mortal and conjured enemy, and an insidiator of her life. Remits to Leicester's wisdom to remember how much trust she has always reposed in him, never having any recourse or address in all her affairs but to him. She prays him to believe that he will yet find no less goodwill in her than he has done heretofore in all that might touch him, and desires that she might be made sure of his intention in time coming, protesting to him that she is not in any wise a meddler in any present negotiation concerning this realm.

1⅓ pp. "The copy taken by M^r Ch. Cau. the xij^th of November, 1579."

440. Mary to Monsieur de Mauvissiere. [Nov. 21.] Cott. Calig., C.III., fol.584.

Leaving aside that which he tells her in his letter of the 7th of this month, which she will satisfy by her first despatch, has thought it her duty no longer to defer answer to the other, of the 13th. Has come to the said packet as much not to allow root to be taken from so wicked an imposture whereof he has informed her, as to cut the way to all others like for the future, foreseeing that in the state in which she is, it will be difficult for her to remain exempted from all parts thereof. Will tell him with the same liberty which she is accustomed to use, and before passing further, that whosoever has made such report to the Queen of England has falsely and villainously lied and has spoken contrary to the truth and his conscience. She has addressed herself to the Earl of Shrewsbury and his wife to require them to render account to the Queen of England of the terms in which people have spoken to her of Monsieur the Duke, her brother-in-law, and to bring testimony according to their duty and conscience. He will know by Mr. Wilson what they shall send.

4 pp. Draft. Many corrections.