August 1577, 26-31


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'Elizabeth: August 1577, 26-31', Calendar of State Papers Foreign, Elizabeth, Volume 12: 1577-78 (1901), pp. 115-132. URL: http://www.british-history.ac.uk/report.aspx?compid=73288 Date accessed: 19 April 2014. Add to my bookshelf


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August 1577, 26-31

Aug 26.
K. d. L. IX. 484.
I have received yours of the 11th inst., and thank you for it. I shall be always at your service.—Gertruidenberg, 26 August, 1577. Add. Endd. Fr. ¾ p. [Ibid. II. 52.]
[Aug. 26.] 150. THE ESTATES to DON JOHN.
Reply to his Highness' letter brought by the Bishops of Ypres and Arras. 1. The Estates thank his Highness for desiring peace, and for his promise to avoid all breach of the pacification.
2. They declare that they have nothing more at heart than the maintenance of the same. They claim to have kept it in all points, and to have had a proper care for the conservation of the Roman Catholic religion, and the obedience due to his Majesty.
3. Since the privy withdrawal of his Highness to Namur, great occasion of distrust has been engendered ; and as the Estates can get no information, though his Highness has been requested to give it, of his cause for doing this, they can only form a doubtful judgement of his intention ;
4. As much from having seen the contents of his letter, and those of Señor Escovedo, intercepted in France, and from the retention of the Germans, and the seizure of Charlemont and Chãteau Sampson, as from the attempt on Antwerp and other secret preparations for war, which have constrained the Estates to be on their guard, and do what was necessary to avoid a surprise, as was their right ;
5. As also to turn the Germans out of sundry towns and seize their Colonel, considering their secret intelligence with his Highness directly contrary to the pacification, and to the promise made by him to the Estates at Mechlin ; seeing that the Germans would not be content with what was due to them according to the pacification, and that the term fixed by his Highness for their stay expired, while he had threatened that if they would not go out, he would join with the Estates to compel them. So their expulsion is in conformity with his Highness' intention.
6. For the reasons given above, the Estates would have occasion not only to complain, but to put their sole trust in God, their sovereign, and their just cause. Yet continuing in the respect which they will always bear to his Majesty, and to show the great desire they have to lull these disturbances, and attain the general repose which is the object of their claims, they pray his Highness to disavow, and at once to get rid of the forces which he has drawn from all parts, alike foreign and native, to send away the Germans, to renounce his league made with the Duke of Guise, to use no concealed design, but to send away the persons who are understood to do ill offices about him, upsetting the public quiet ; and this done, to rejoin the Estates, govern the country according to the intention of his Majesty, by the advice of the Council of State, decreeing and causing to be effected whatever may be passed by a majority of the Council, by one of the principal members of which all dispatches shall be countersigned ;
7. All this to be done after the taking by his Highness of an oath of amnesty, and abstinence from future prosecutions, individual or general.
8. Or if his Highness prefers to avail himself of better opportunities for his advancement elsewhere, and thinks he is not trusted here, and wishes to retire, the Estates are agreeable ; and in that case the Council of State can govern provisionally till another prince of the blood is commissioned.
9. The Estates hold by the declarations already written to his Highness ;
10. But they must beg him to leave off accusing them and various princes and potentates of Christendom of heresy, rebellion, and a desire only to live unbridled ; as they have good information that he had done, especially in his letter to the Empress of the 14th of this month.
Fr.pp. Copy. [Holl. and Fland. II. 51A.]
Aug. 26.
Having heard of the bad treatment, both by words and otherwise, which has been inflicted on M. de Treslong and Colonel Charles Fugger, I wish to point out that good and humane treatment of prisoners has always been held praiseworthy, as well as conformable to the Christian law. I request that you will give orders accordingly.—Namur, 26 August 1577. Copy. Fr. ½ p. [Ibid. II. 53.]
Aug. 27. 152. WALSINGHAM to M. DE FAMARS.
Affairs look badly enough for the Estates. We hear by the last messenger that Don John has taken the town of Gemblours, near Brussels, and is making great preparations in sundry places. Yet the Estates do nothing, but amuse themselves with I know not what speculation in such wise that the wisest people expect nothing but total ruin for the country if his Excellency does not interfere and take order for the Government. This her Majesty greatly desires, and prays him to do, assuring him that for her part she will not fail to give him any help that may seem to her suitable, whenever he may ask for it ; if not overtly, yet in such sort that he shall be content, and as may be required in affairs of such urgency. Of this she wills that you advertise his Excellency, in order that when she is informed of what he will do matters may be put on a more convenient footing. The sooner you do this the better it will be for the state of affairs here ; care being taken that the utmost secrecy be observed in this matter.—Oatlands, 27 Aug. 1577. Copy. Fr. ½ p. [For. E.B. Misc. II.]
Her Majesty hears that they of Brouage are in great straits for lack of victuals, so that if they are not soon succoured, it will be impossible for them to hold out against their assailants, and will be compelled to surrender at mercy. They have begged her to assist them in this necessity. A thing which she would do as willingly as any princess in the world were it not for the alliance between her Crown and that of France, which hinders her. Either their case will be desperate, or some other means must be devised to better their estate if it may be. Her Majesty is careful about this, because the loss of the place would have ill consequences, and after considering everything, has bidden me try if by your means any succour can be arranged for them, such as sending some ships to revictual the place to the value of 2,000l. sterling, which her Majesty expressly bids me promise your Excellency in her name if those of Rochelle do not pay it, either in cash, salt, or goods as you may please ; praying you to accept this assurance in as good part as if it had been signed by her Majesty's own hand, as she would very willingly have done but for reasons which you will be well able to divine.—Oatlands, 27 July 1577. Copy. Fr. ½ p. [For. E.B. Misc. II.]
Aug. 17. 154. The FRENCH KING to DUKE CASIMIR.
I have seen what you say as to the importunity with which your Colonels, rittmeisters, ask you to apportion among them the jewels which I have pledged with you. When it has been done, it will be no great profit to them, but rather a loss, since I quite intend to redeem the jewels by paying the sums for which they are pledged, and which are more than they will easily get by the sale of them. I should have been able to attend to it, as well as to furnish you with further sums, but for the troubles which have again been stirred up by those of our subjects who were the cause of these debts being incurred. Instead of helping to get you paid, they have so far been employed in doing all they could to take away from me the means of doing so. I am still minded, however, to seek these as soon as possible, and to give you and your colonels all the satisfaction I can, hoping that you will give me no occasion to change my mind, and that while holding fast to what is worthy and fitting, you will continue to keep the said rings with you, and not distribute them among the colonels and rittmeisters, over whom I feel sure you have full power. This is all that I will answer to your letter. —Poitiers, 17 August 1577. And on the back :
I cannot omit to send you the King's reply to the letter which you wrote recently, and to tell you that by the same hand I have news that Brouage has surrendered. None the less the King is seeking all means to effect a good pacification.—Metz, 28 August 1577. Copy. Endd. by Rogers : Exemplaria literarum missarum a Rege Galliæet Thevallio Metensi Præfecto ad Ducem Casimirum. Fr.pp. [Germ. States I. 8.]
Profession of desire for peace, as evidenced by the dismissal of the Spanish troops. Remarks on the reply of the Estates (August 24) to his message sent by the Bishops of Ypres and Arras are enclosed. Copy. Fr. 1½ pp. [Holl. and Fland. II. 54.]
157. Enclosure in above.
Upon the reply of the Estates General assembled at Brussels the 29th of August, 1577, sent to his Highness, in answer to his message delivered by the Bishops of Ypres and Arras his Highness says and declares as follows :—
1. He has done and will do all that appertains to the quiet of the country without breach of the pacification.
2. He is glad to hear the determination of the Estates, and quite agrees.
3, 4, 5. He is, as before, surprised that they should be suspicious about his withdrawal to Namur after he has explained the good reasons he had for that step, as he thinks they might believe what he says. He holds it better to guard against conspiracies than to discover them, and let them be forgotten. However, as the Estates are so pressing he sends further particulars herewith, which may also serve as a general answer to the 4th and 5th articles.
6. This article contains several points fitted for reciprocal treatment, and his Highness would be glad to come to an agreement on them, as he has several times proposed. He would like to see Commissioners appointed at once, with a view to the carrying out of the pacification and perpetual edict.
7. In this his Highness will be happy to gratify the Estates. They should communicate in more detail, or see how it can be arranged.
8. His Highness cannot of course resign without the King's express permission, and must, until orders come, govern according to his instructions and in the ancient manner : as he had begun to do till these new suspicions arose.
9. When these articles are agreed on they shall be put in writing.
10. His Highness has always had a good opinion of the quality of the Estates, and will retain it so long as they remain good and loyal subjects of his Majesty. But he will with good reason have no such opinion of those who act contrary.—Namur, 28 August 1577. Copy. Fr. 2 pp. [Holl. and Fland. II. 55.]
Aug. 30. 158. WILSON to DAVISON.
I thank you for yours of the 19th, and for your better comfort am to tell you that your occurrents to my Lord Leicester and to the Secretary have been well liked. You cannot offend in this dangerous world to be passing suspicious over those that are vowed Catholics, and look this way, bending their devices to our ruin. You shall do well to have a good eye to the Duke of Guise's doings, and to learn who they are that pass between him and Don John. I fear the greatest mischief will be practised that way, although everywhere these will be doing more or less against us. I wish you would write to Mr. Copley and tell him that although I did use terrible and angry words against him, it was for no other end but that I might speak with him. Having once opened my mind for his better and more sound dealing, I minded not to proceed any further, nor have I, as yet, spoken one word against him. My desire is that he would be more plain with you than he has been with me, and then I would be his friend to the utmost of my power. I trust M. Fremin has spoken with you by this time, and has told you where the cipher is for M. Liesfelt, whom I take to be a very honest man, and by whom you will receive sound counsel and good advertisement. I requested Edmund Smart to deal for the velvet carpet, which please buy for me for 45li. Flemish, but, perhaps, you may have it for 40li. Flemish. I will repay the money straight upon knowledge that you have disbursed so much for me. I am further to desire you to confer with M. Fremin, and to take him with you to the Marchioness of Havrech, and shew her that the Queen would gladly have a suit of her own linen 'partelets' that she wear, and the same to be sent in a box, in such form and manner as she doth wear the same 'abyllements' ; for that the Queen, in seeing her picture, did marvellous delight in the manner of the wearing of her linen in such sort. Therefore, if it will please her ladyship to send me one of her own best linen suits for the Queen, I will send her whatsoever it shall please her to command that England yieldeth. This I pray you to do with as great cunning as you can for the Queen's satisfaction, and commend me heartily to the Lord Marquis himself, and to the Duke of Aerschot, the Viscount of Ghent, Count Lalaing, M. de Capres, Count Egmont, and others.—Oatlands, 30 August 1577. P.S.—M. de Famars is well used, and is like to receive some comfort of his message. Add. Endd. 12/3 pp. [Holl. and Fland. II. 56.]
Aug. 30.
K. d. L. ix. 485.
The preparation of the Duke of Guise, held for a thing assured, the talk of peace in France, and the daily news of forces coming from Germany make the Estates now go resolutely to work. They are now occupied about the journey of the Marquis of Havrech to England, to start on Monday next. I think well of the choice of him. He is taken for a good patriot now, whatever has been conceived heretofore, and is the apter for this occasion because this trust may solve some former jealousies. His negotiation, as I understand, consists of these three points : First, to acquaint her Majesty with the whole state of their cause, secondly, to treat with her for assistance, and thirdly, to desire your coming over with the assistance. The two first necessity partly drives them to, but the third proceeds of an honourable opinion, which is here made of your Lordship, and which I have not been slack by all good means to advance. The Marquis is principally to address himself to you as the man of our Court that, in readiness to do any good office in their behalf, the chiefly account of. You can perceive what a gap is here opened to the advancing of your honour and credit. You have made a good beginning with the Prince and Estates of Holland, where your name is as well known and yourself as much honoured as in your own country. How your Lordship should treat this man were a presumption for me to tell you, but I wish he may find his treatment such that he may return thoroughly contented.—Brussels, August 30, 1577. P.S.—As I was closing this letter I was let to understand that they now mean to send him to France and Champagny into England ; but I cannot tell what to assure herein, so irresolute be they in their determinations. Draft. Endd. 1 p. [Holl. and Fland. II. 57]
Yours of June 20 by the ship which came from London, Those for San Sebastian and San Susti, as well as those for your family, and Ochoa de Larrinaga, and Secretary Zayas, have been forwarded with all dispatch, and an answer from Ochoa de Larrinaga, is enclosed herewith. That for Doña Geronima your wife has gone by way of Agreda. Sancho de Lecue your servant coming from your house fell in on the way with the person to whom he was taking them, and Sancho got a letter from your wife for you, which is enclosed, so I need not ask for an answer to the one I forwarded to her. As to the letter above-mentioned, the muleteer who took it is here, and says that he gave it duly, and he is a sure man. I hear too from Madrid that the letter for Secretary Zayas was duly delivered. You must know that the postmaster at Burgos is not called 'Francisco de Cueros,' but 'de Cuevas.' I mention this that you may know for the future. Let me hear of the receipt of this letter. Sancho de Lecue returned to the Court, after handing me the enclosed, which will inform you about affairs there. I hope that you and all friends there are in health. May God please to grant it them as good as I would have for myself. May the deliberations turn out well in Flanders ; though the appearances of pikemen here make no show of quiet. May God grant us peace and tranquillity.—Bilbao, 30 Aug. 1577. Add. Endd.: Received Oct. 8. Sp. 1 p. [Spain I. 6.]
Aug. 30. 161. DUKE CASIMIR to the FRENCH KING.
I have received your letter of August 17, and beg you to consider that, if the solemn promises made to the officers touching their pay had been duly observed, there would have been no occasion for distributing the jewels, but as, on the one hand, they have lost all hope since the report of the ambassadors whom I sent in April, and on the other, the Duke of Lorraine and the heirs of Vaudemont have failed, I have no excuse, however I might wish it, for hindering the distribution. The jewels are, as it were, deposited with me, and I am bound to submit to the will of those who have placed them in my hands. I have pointed out how little good it will do them, and how little honour will be done to the King of France by distributing his jewels, and, as it were, putting them up to auction ; but with no result. My power over them, too, extends only to where we are in the field, and even then I cannot command them in their private affairs. Even if I would make an effort to dissuade them to postpone the distribution, I can see in your letters no certitude that they will ever get anything, no time or place being stated, while any obligation we have entered into has been certain and defined, signed and sealed. All this really proceeds from those who have stirred up the troubles afresh, and are the cause that the debts have been incurred. There is no need to search elsewhere than in your own council, your own suite, your own court. They who have advised you thus far to extirpate the religion, to break the peace, to violate your sworn edicts, these are the true cause of the ruin and desolation of your people (which will only be stayed by the observation of the edict made while I was in France) of your debts, of your loss of reputation. I would rather see it flourishing as in the time of your ancestors, and I should then be happy to render you some notable service. Notwithstanding all the above, I will say roundly to your royal worthiness, that the only way I know to hinder the distribution of the jewels (which once distributed can never be got together again) is to furnish us with the money at the next Frankfort fair, in September. There is no other means.—Neustadt, 30 August. And on same sheet :
Aug. 30. 162. THE SAME to M. DE THEVALLE, Governor of Metz.
I have received your letter with news of the surrender of Brouage, and thank you for it. But I would much sooner hear that the King was keeping the treaty of pacification, which both he and I signed and swore to, and which is the way to have peace in the kingdom, and that he would pay us our money, than these news of towns taken or lost on one side or the other, which only weaken him more, and cause greater troubles, which increase from day to day, to the total ruin and destruction of the kingdom, and will cease only with the observation of the edict made while I was lately in France.—Neustadt, 30 August. Copies. Fr. Endd. in Fr. by D. Rogers. 1½ pp. and ½ p. [Germ. States I. 9.]
Aug. 31.
K. d. L. ix. 491.
I intend in two days to send a gentleman over to attend on the Marquis of Havrech, by whom you will understand all things at length. Meantime I thank you for your letter, which I received by M. Fremyn. The practice of the Queen of Navarre with Count Lalaing, which you suspected, I find was true, and it is not two days since M. de Mondoucet returned towards her, but so far as I can learn, with no such satisfaction as she expected. I have taken occasion to sound the Count afar off, but he pretends to have no disposition that way, which I believe the rather because his very secret friends and good patriots have so assured me. However, I will not fail from time to time to observe him. If good offices will entertain him he shall not want them. [Erased :—The same course must be taken with the Marquis while he is in England. He will seem now to be of the best patriots, though he has not always been so taken. And in the judgement of such as know him he is a man that may be wrought to good purpose.] I shall not need to persuade the treatment of the Marquis with the uttermost honour and courtesy in England. Only I beseech you that nothing be omitted. He is of nobility and alliance with great princes. You know the man, his humour and inclination, and how the States have chosen to employ him to take away the jealousy between them. Draft. 1 p. [Holl. and Fland. II.. 58.]
Aug. 31.
K. d. L. ix. 492.
It has pleased the Queen to appoint me to repair for her affairs into Germany. In the passage over the seas I have been miserably spoiled by Flushingers and others, pretending to serve under the Prince of Condé, of all I had, and am forced to remain here till I hear from England. Before M. Fremin's departure from England I sent to him to procure me a passport from the States, which he promised to send to the English House. Pray put him in remembrance of it, and inform yourself particularly what way is ...to pass. I have spoken with M. St. Aldegonde, who assures me of the safety of the way by Maestricht. And ... if the Estates have any garrisons by the way, I would be glad to have ... passport or letters of favour from them. This letter was delivered to me by Mr. Secretary, which I thought good to send you, not knowing whether I shall speak with you myself. I dispatched ... [Qy. Shore] from Dunkirk into England, whom I look for within three days. When he comes you shall hear what news there is. In the meantime all your friends were merry at my departure. Mrs. Davison was not in town, or else I had brought you a letter from her.—Bruges, 31 August 1577. Add. Holograph. Endd. 1½ pp. Damaged. [Ibid. II. 59.]
Aug. 165. Letter from Davison to Killigrew, calendared in last vol. (no. 1,367) (K. d. L. vol. ix. no. 3,583), must belong to the period between Davison's arrival and Killigrew's letter of August 23.
Aug (?) 166. FORM OF AGREEMENT between DUKE CASIMIR and the other PRINCES as to the repayment of the money which he is to receive from the QUEEN.
Whereas we have received from certain our friends and confederates a loan of money for the maintenance of our army, binding ourselves to return the same, and there is no easier or fairer way of repaying it than that those who owe us money should help us in discharging our debt ; We beg you, in order that we may better fulfil our promise to our said friends and confederates, and hold them indemnified not only for the principal of the debt but of all incidental expenses, to undertake and promise that you will further the present expedition with all diligence, and put aside all delay, so that we may meet the enemy as soon as possible, or bring him to equitable terms of peace. Also, that if by the favour of God we have so pressed the enemy that he seeks peace of us, you will not come to any terms until we have declared in writing that such terms will be agreeable to those our friends and confederates and propitious to the Christian commonwealth in general. Also, that in concluding the said peace, next to the glory of God and the free propagation of the Gospel, such steps may be taken in respect of the money acquired by us for the purposes of this expedition, that it may be paid in full with all the incidental charges before peace is concluded or the army dismissed, and that you will not desert us till such payment has been made, on pain of forfeiting our friendship and that of our friends who have hitherto helped you. Draft in writing of Laurence Tomson. Endd. Latin. 1½ pp. [Germ. States I. 10.]
Aug. 167. Fragment of another draft of the same, in writing of Dr. Valentine Dale. 1 p. (This has in the heading the words : Sine offensione sereniss : Reginæ, which are omitted in Tomson's copy.) [Ibid. I. 11.] N.B.—The two last numbers may perhaps belong to a former year.
Aug. 168. FORM of CONVENTION between the QUEEN and DUKE CASIMIR.
Having received by the hand of Daniel Rogers a letter from the Queen of England to the following effect: [letter of July 30 (No. 61) recited], and moved by reliance thereon, we have after deliberation with the said Daniel, entered into the following engagement : [Terms are given in letter of July 30 recited.] Copy by L. Tomson. Endd. Lat. 22/3 pp. [Ibid. I. 12.]
Aug. [?] 169. AGREEMENT between DUKE CASIMIR and the KING of NAVARRE.
The Duke has agreed to furnish 8,000 reiters and 14,000 infantry, part Swiss, part Germans, with arms, ammunition, and artillery. To make this levy he is satisfied with what the ambassadors pay him from the King, and for the rest, with the 50,000 crowns which they cause to be paid him by the hands of William Shute, on the order of Horatio Pallavicini, sent by the Queen of England, the Duke contributing what more may be necessary. The levy shall be made and the men assembled and mustered within 4 months from the present date ; the Duke shall pay what is required, and send the army forward to the aid of the King of Navarre and the churches of France, without asking for more money. The Duke will take the command in person if not prevented by illness or troubles at home. In the event of his being so prevented, he promises to appoint a commander to take his place, who shall be a prince of the Empire, of a great house, of virtue and deportment such that the Duke shall be as sure of his carrying out the expedition as of his own self. The said army thus levied and commanded shall enter France and not leave it till the King of Navarre has been reinforced, the liberty of the churches restored, and peace concluded to their mind. Duke Casimir shall give his promise on the faith of a prince to the Queen of England to accomplish all this to her satisfaction. Copy by L. Tomson. Endd. Fr. 1 p. [Ibid. I. 13.]
1. If it were treason to open the letters, what was it to write them? Besides, they were not the King's letters, but those of their fellow subject. They were dated at a time when he was making great professions of amity, sincerity, and plain dealing, in order to be received as governor. This was his sincere meaning. The contents of his letters, viz., the sending of certain forces to surprise the Isles and the realm of England, were to be accomplished after his admission. Thus far in English ; then follow extracts in Spanish from Escovedo's letters to the King of April 6, Don John's of April 7, Don John's to Perez of the same date, Escovedo's to the King of April 9 ; being some of the letters intercepted in France by La None. [See previous letters.]
2. He had no just cause to enter into arms against the Prince ; but would therein have acted lightly and against the edict, and therefore the States would not assent to him [as] appears by these words: [In French] When he saw that the Estates would not lightly enter upon war against those of Holland and Zealand, but were resolved to maintain the pacification and refer the decision of their differences to a lawful conference, he took occasion to hold them for disobedient and rebellious, and treated with the German colonels as to the best way of getting the better of them, and practised underhand to withdraw his forces from the country in order to dispose of them better. He did all he could to divert the States from the alliance which by the Pacification of Ghent they had made with those of Holland and Zealand ; and without regard to the procedure agreed upon therein of referring all outstanding differences to a general assembly of the States, he thought fit to anticipate affairs, hotly insisting that without waiting for discussion or order, satisfaction should be given on many points which had been reserved by the pacification for the general assembly of the States. Lastly, on leaving Brussels for Mechlin he himself proposed to the States to take arms against the Prince ; saying that if he were in Italy or Spain he would come on purpose to uphold the quarrel of those of Amsterdam ; which gave occasion of grave mistrust and embitterment, to see his Highness so ready to take arms before being thoroughly acquainted with the case.
3. [In English] He retired to Namur because the States would not at his request make war upon the Prince of Orange, and in order to be in a place of better strength for effecting his purpose, and making a division among the States, than was Mechlin, which stands in the heart of the country. [In French.] For which purpose not finding himself too well accommodated at Mechlin he decided to retire to a frontier fortress ; his first idea being to establish himself at Mons. [In Spanish.] I am thinking of settling in some place more secure than this, whence I may attend to affairs ; because when I am in safety I think there are many who will declare for your Majesty if their words and demonstrations do not deceive me. Endd. (in Tomson's hand) : Reply against Don John's justification. Eng. Fr. Sp. 5 pp. [Holl. and Fland. II. 61.]
Aug. 171. REPORT of the COMMISSIONERS sent to confer with the KING OF DENMARK'S COMMISSIONERS.
From Groningen, where we first heard of the departure of the King of Denmark's ambassadors, travelling day and night we arrived at Hamburg on August 8 at about 4 a.m. Having intelligence that Rantzow the Stadtholder and the rest of his colleagues were at Wanbecke, a league from Hamburg, we dispatched a man to certify them of our arrival ; whereof being very joyous (saying that opportunity was well taken by us, for they were ready to take their chariot to Lubeck, there meaning to have passed the Belt) they promised to send to us next morning by their secretary to know our pleasure as to the place of consultation. On Aug. 9 their secretary came with a request that the conference might not be held at Hamburg, first because the Hamburgers were in the King's displeasure, and secondly, because sickness reigned sore in the city. They therefore desired that the colloquy might be holden at St. George's, not far from the town, in the jurisdiction of the same. We answered that we being driven inopinato casu to this city, and not having so much of letters of introduction from her Majesty to the Burgomasters could not without presumption condescend to any place without their good liking. Wherefore in order that no act dishonourable to the King should be proffered by his Grace's ambassadors, at our request, not at theirs, the Burgomasters should be moved therein. The secretary liked this well, and the Burgomasters moved, friendly agreed thereto ; the place to be St. George's church, the day of conference Aug. 10, the hour, eight in the morning. On Aug. 10 we met at St. George's church. Caresses after the manner of the country, reciprocal demand of the health and prosperous success of both their Majesties, with some speeches touching the adventures we sustained, causes lawful of breach of diet, having passed, we having taken our places and they theirs (they being silent), for introduction and commencement of conference it was by us propounded : That whereas her Majesty had intelligence by John Foxall of the evident testimony of the King of Denmark's earnest desire both to the compounding of all controversies that might arise between their subjects, and to the entering into a closer league than had been concluded heretofore between their progenitors, nothing was more acceptable to her Majesty than the same, according to our instructions on that behalf. But whereas by letters dated March 5, anno 76, as also by letters of Nov. 4, the same year, and by others of March 1, anno 77, the King of Denmark finds himself aggrieved with the English merchants' traffic into Russia and her Majesty's sufferance of the same, dolere serenissimam Angliae Reginam non fidei solum defensorem sed fœderum etiam obserrantissimam, aliguid interrenire posse, quod amicitiam mutuam, multorum annorum decursu et officiorum necessitudine confirmatam, si non minuere et labefactare, at saltem suspectam reddere posset. Requesting them to have in remembrance two things, the like whereof in any other state (if in any) they should hardly find. First, that in the time of King Henry IV, King Henry V, King Henry VI, and King Edward IV (about which time of the first King leagues by means of the marriage of the Lady Philip with the King of Denmark first took their beginning), the breach of leagues was by authority of Parliament statuted to be high treason. I knew right well the penalty to be mitigated, but I told them not thereof. Secondly, that (which in no state I yet could ever read, for howbeit the Athenians had one Nomothetes and one Nomophylax, yet that Nomophylax had jurisdiction in 'Trevues' I never read) about the said King's times by the foresaid authority a magistrate specially was appointed who was called fœderum conservator. Wherefore how great peril her Majesty's subjects were in for using their navigation against the alleged 'Trevues,' and how small honour her Majesty should gain by permission of the same, "you being right ancient and wise," quoth I, "well know, and we assure ourselves you will have a special regard thereof. And as touching the place, both our commissions I think will declare Embden to be the same," praying them to have consideration thereof. Whereupon they rose, consulted in the body of the church, and returned. Dr. Hinck, who was, as they term it here, the mouth of them all, beginning where I left, said that he and his colleagues doubted not but her Highness would accept of the place of colloquy, in respect both of their years and of their continual travail ; and certes the youngest of them was not less than three score years of age. That by the laws of England so great regard was had that in respect of violating the same it was crimen laesae Abb.is [? Ma.tix], and that for the preservation of the same there was authority given to a special magistrate, he judged it both honourable to the realm and profitable to the cause. That her Majesty accepted in so great good part the compounding of all controversies, etc., the King of Denmark was nothing with her Grace, "for," quoth he, "whereas the Queen of England in her letters of June 27, 76, and January 2 in the same year, complains that after most diligent search made among treaties, the 'Trevues' of 6 Edward IV could not be found, "Ecce," quoth he, "here the copy of the same fœdus, yea, and not the copy alone, but ipsum magno Angliae sigillo confirmatum autographum fœdus ;" and with great circumstance and singular reverence took the same out of a box, kissed his hand and afterwards the seal, and so willed us, holding the same in his hand, to look upon the seal. "And ecce iterum (so great is the good meaning of the King)" said he, the copies and treaties not only of 6 Edward IV, but duo sanctissimorum fœderum antiquissimas tabulas," giving us the copies of the said treaties, showing us the originals as before, concluding his speech with "agemus vobiscum Germanice." Being thus possessed of three treaties, the first whereof is the very foundation of all the leagues concluded between both their Majesties' predecessors, and wanting among them the record of the Tower (for Mr. Hennage in person, his brother, and myself and others made search most diligently for it), I said that seeing the demonstrations of the King's sincere affection towards her Majesty, I was earnestly to request that those copies so friendly delivered (for they implied the validity of the whole cause) be deferred cum ipsis sacrosanctorum fœderum tabulis. "That also," said the 'dictor' (the other Ambassadors consenting), "shall I very gladly do ; for ascertained am I that none of my colleagues can gratify you therein, for that benefit I obtained in England" (he meant he had there learned to read the Secretary hand). In reading he used great celerity and for examining great slackness, desiring often to stay, where in a particle the copy disagreed with the original. The treaty of 1432 finished he began to read the other of 1444, Henry VI and Christiern King of Denmark being confœderatores ; which I had certified under the broad seal, but certified them not thereof. This ended, the treaty of 6 Edward IV ensued, with the breach whereof the King charges her Majesty in his letter of March 5, inserting there the article on which they grounded the overthrow of the Russia navigation, which treaty I had exemplified also. He 'posed' his accustomed haste, and I my leisure, when I came to the 3rd article, wherein status causae consisted (having a little before complained of weariness, accusing his spectacles and naughty eyes) he read in great haste, Item serenissimus rex Angliae provideat etc., ne subditi sui etc., nec etiam ultra seu praeter Helgalandiam seu Finmarchiam (in poste) nisi Anglicos illos etc., he was not so willing to 'begon,' but I hoping to reclaim him well enough was as willing to let him run. That article and the whole treaty ended the doctor began eftsoones to put us in remembrance of the honourable dealing of the King and of their sincere endeavour to advance amity between the princes, saying that it was apparent that the English merchants' trade into Russia was totally by this treaty overthrown, etc. His speech ended, settling my countenance as one not thoroughly 'amased' nor perfectly resolved, I rose, saying that my colleague and I would consult a little and anon returned they also Doctor Hinck—triumphed [sic] I returned after a while, and brought with me the King of Denmark's letters of March 5, anno 76. They being returned, "I find," quoth I "among causes which breed controversies none to be greater than when either one law is contrary to the other, when the law is repugnant to equity, or when there is ambiguity in verbo." Perusing the letter of the King where he citeth the said third article, by them now read, he instead of their Ultra and praeter Helgalandiam reads ad Helgalandiam. "Now," quoth I for caution, "learn not, but remember for my sake, that in the whole bodies of the Civil and Common law (and perhaps not in the Civil and Common laws alone) you shall find for a maxim infallible, never to be any two words or more which directly and substantially do consignify one thing. Penes te and apud te may seem to do so, yet Ulpian says that one is amplius than the other. "I never learned this rule," quoth I," "of any writer, but having reduced our laws to order and having of the same gathered four books de Verborum quae ad jus civile pertinent significatione I find my maxim to be most true." To conclude, I prayed them to allow me to examine the originals as I had the copies. True it is, that the night before our departure sundry treaties which before could not be found were delivered me under the broad seal ; but I promised them upon fidelity, not yet by me perused, assuring them that if anything were there which might advance the truth of the cause, it should not be by us concealed, whereupon they consulted and said that such default as the writer had committed we might amend : and the originals viewed. Praeter and ultra were non inventi, but ad was there according to the King's letters of credence to their commission. Taking leave each of other we appointed to meet again the 12th of August. This session lasted from 8 a.m. till 2 p.m. On the 12th, bringing the exemplification of the treaties under the great seal, and three copies of the treaties of 13, 16, and 13 Edward IV and Christierne King of Denmark with us a part being derogatory to theirs, we certified them that as the King and they had communicated to us such treaties as by her Majesty's letter of March 5 were wanting, so now certain her Majesty's ministers being in high displeasure for the said default, having for avoidance thereof after search found not only those but all other treaties that had been concluded by their Majestys' predecessors, we were upon our allegiance enjoined that in case the King's Ambassadors wanted any treaty which we had, they should by all means by us be therewith furnished ; wherefore for the 3 treaties we delivered them 3 other treaties derogatory, and for that sincere and frank dealing never ought to be answered without interest, 3 other treaties should have been delivered to them had we not been by scarcity of time prevented. They received the treaties, conferred them to the uttermost of their satisfaction, marvelling at the number of the treaties, thanking us, arose, consulted and returned, and said the treaties were only Induciae and not deroqatoriae. "Induciae," quoth I. "sunt cum in breve aut in praesens tempus convenit, ne invicem se lacessant ; but these treaties are of contrary nature." "Well," quoth the doctor, "seeing that you have the treaties, we pray you to make us privy of your resolutions." "My resolution is," quoth I. "according to very strait charge given me, neglecting all gain which merchants may get by the Russia trade, to see that her Majesty be not touched in honour with any breach or colour of breach of 'Trevewes.' Wherefore," quoth I, "Mr. Doctor, and the rest of the Ambassadors, we are very affectuously to request you to execute three things : First to commit to writing the points of which this collquy shall consist. Secondly that such articles of the treaties as confirm your intention be set down by you. Thirdly, that if you are furnished in law, you will commit it to writing also : which being done stasis or dijudicatio will presently ofFer itself to us. The doctor replied, and said perpmptorily he had contrary instructions and would neither allege nor hear law. Which reply, in our opinion over slender and impertinent, minding further to decipher them, addressing the rest of the Ambassadors we persisted in that point, urging them in such sort that Rosencrantz and Rantzow, half offended with the doctor, rose and consulted a long time, returning that the King's mind was rather to decide the controversy ex œquo et bono than de jure.
Endd. : Instructions given to D.[i.e., Dr. John] Rogers at his voyage in Denmark. (Probably a clerk's copy.) 6 pp. [Denmark I. 3.]
[? Aug, 1577.] 172. Necessary Considerations for HER MAJESTY.
First, to consider of what value those leagues are that she has at present with the princes her neighbours. Secondly, whether her state stand so sound at home that she needeth not to be strengthened with foreign aid. Lastly, if she need foreign assistance, whether this League that is offered be not such as is fit to be embraced.
Objections and solutions touching the entrance into league defensive with the Princes of Germany.
Ob. 1. Experience shows that leagues do rather harm than good ; since the aid promised is commonly either given out of season, or not so amply as is provided for.
Sol. 1. That happens when one party is insincere and only wishes to weaken the other, as in the case of the league between Spain and the Venetians. But this league regards not only conservation of dominion but preservation of liberty of conscience, 'for the wars of this our age are drawn to such extremity as the contention is not who shall reign but who shall live."
Ob. 2. The entrance into league with the Princes Protestant in Germany will provoke the Papists to make a counter league and will breed a dangerous division in Europe.
Sol. 2. The conference at Bayonne and the secret decree of the Council of Trent for the rooting out those of the religion, whereof there has already broken out some execution in France, will show that that league is not now to be made ; which should have well appeared if God had not entertained the two great Monarchies with some troubles. But even if it were not so, considering how greatly the two Monarchies are offended with this crown, though at present they dissemble the same having their hands full at home, I think no man of judgement but will think it good policy for her Majesty to strengthen herself by a foreign friendship. Besides, the league being defensive can justly offend no man but such as list to quarrel without cause.
Ob. 3. The princes that offer to join the league do not accord in all points of their religion.
Sol. 3. The differences and hot contentions which many years since reigned in Germany about the matter of the Sacrament are so well appeased through the wise and discreet dealing of the Count Palatine, that they now see how necessary a thing it is to lay aside home contentions and join in a common defence against their foreign enemy the Pope. It is by experience daily seen that when two brethren are at variance a third person assailing them draweth them to accord. Not many years past the Cardinal of Lorraine sought to make profit of their divisions in opinion, thinking to have set them together by the ears, but his malice being espied in time his purpose was frustrated.
Ob. 4. The duke of Saxony, most powerful among the German princes, is not of those that offer to join in this league, and therefore it cannot be as strong as is pretended.
Sol. 4. The duke of Saxony is a mighty prince in respect of his treasure and number of horsemen ; but another way he is weak, being deadly hated of his subjects, both in respect of the enterprise of Gotha as also through the grievous impositions he lays on his vassals. Yet there is hope, both in respect of religion as also for the amity that he bears the Count Palatine, that when he is assured that her Majesty will enter into the league he will be drawn to join it. Yet without the duke of Saxony the associates can put into the field within three weeks' space 10,000 horsemen and 30,000 footmen, and yet none yield a third part of their forces.
Ob. 5. The help and assistance that may grow that way is too far off to take any great profit thereof, especially if her Majesty should need it for the suppressing of inward broils.
Sol. 5. Princes take as much profit from their colleagues' aid in employing it to divert their enemies' forces as otherwise, as may appear from the use that France has had both of the Scottish and Turkish leagues, one against us and the other against the house of Austria. And as for distance, the town of 'Breame' by the seaside is one of those towns that desire to be comprehended in the league, whence her Majesty may transport such forces by sea as she shall think expedient. Most of the nobility of Friesland also desire to be comprehended in it.
Ob. 6. The League will be chargeable in respect of the money that is to be contributed.
Sol. 6. That charge is well employed that purchases safety. It is not enough for princes to seek to increase treasure ; but they should use such means as may conserve their states, especially having enemies at home and abroad.
Ob. 7. What security will her Majesty have of recovering such part of her contribution as shall remain unemployed when the time of the League expires?
Sol. 7. First, Bremen, where the common fund is to be kept, is sound in religion. Secondly, it is thought impregnable. Thirdly, no free town would dare by insincere dealing to incur the enmity of so many powerful princes. Lastly, as to her Majesty's security for recovering it, she has good means for that, since they of Bremen are members of the Steelyard.
These are the chief objections that require answer. It remains to show the advantages.
1. Her Majesty will receive a large accession of forces if either Spain or France list to annoy her. 2. She will much content the Scottish nation, who desire this league for the common defence of religion ; whose friendship is not lightly to be weighed. 3. She shall bear a great stroke in the election of the Emperor, which if she shall remove out of the House of Austria she shall cause the King of Spain to make more account of her friendship, without which he shall not be able to keep the Low Countries. 4. The fear of this League will cause the King of Spain to give some order for the appeasing of the troubles in the Low Countries, whereby the ancient traffic may be restored to the benefit of both countries. Lastly, her Majesty shall be adorned with the title of patron of the League, yielded before by the said princes to her father of most noble and famous memory, King Henry VIII. 4½ pp.