Elizabeth: March 1563

1172. Morton to Cecill. [March 8.]

"This berar my freind William Forbes of Corsynday, upoun suddantie happinnit in cummer with ane gentill man, and committit ane slaichter," for which he has been long in strait prison. Having made satisfaction to the "partie," it has pleased the Queen to spare his life, but to "exterminat" and banish him this realm. He concludes "to entir rathes" in your country, to pass over the beginning of his exile, hoping for greater favour there than elsewhere till the Queen's highness's favour be obtained. So I most humbly desire your honour to show him friendly assistance for my sake, as I shall be "deitbound" to do the like for your honour. Edinburgh. Signed: Be your frend, Mortoun.

½ p. Addressed. Indorsed.

1173. Randolphe to Cecill. [March 10]

In answer to your honour's letter of 28^th ult. desiring to hear at good length of Chartillet's enterprise: I trust by this time you are fully satisfied, and more than I wrote in my last "never came unto my knowledge." The Queen ever since has taken "Marie Flemynge to her bedfellowe"; she is now in health and merry, most commonly riding about the fields, as the time will serve. Her care is continually great for her uncles, and her desire "wonderfull" that France was at quietness. It appears now there is some more doubt in her than was wont to be "of the succes." Captain Colborne has not discomforted her with his report that Orleans is besieged; but it will advantage him little here, to speak everything as he finds it. Lethington has written nothing to her grace of her uncle's hurt; and I have left it to Murray's discretion, purposing if she inquire of me, to conceal nothing. Lethington would rather it came to her ears by another than him; he has written very honestly of the honour he received from the Queen's Majesty, and entertainment by all the nobles. She gathers little hope that any good will be done in the matter he goes about: "God sende yt also to better passe then she desyerethe." There is great expectation here of the Queen's Majesty's doings; her "brute, fame, and honour is great in all mens hartes and tonges that fearethe God . . . mo good wordes spoken of her grace then of all the kynges and quenes alyve!" Of things here I can write no farther. Necessity forces me to sue your honour for myself; in no manner of way can I bear out my daily increasing charges; I am greatly in debt, and nothing of my own rests unspent. My weekly charges since this Queen's voyage to the North, have mounted to "verie nere x^li. sterling." And how many ways I have "to dysbource silver, bysydes myne ordinarie charges of my owne meate and drinke, iiij servantes, vj horses, and two fellows to keape them, your honour cane easlie consyder"! and I have never had "grote" more than my allowance. And to "ronne" into any man's "daynger," I think it the greatest shame that can chance me. May it please you to be a mean to her Majesty to consider my case, that I may serve her (while it please her) to her honour, which before God I regard more than my own profit. Considering how greatly her grace is charged, there is no man lother than I to seek anything, yet I would rather lead my life in her grace's presence with a small living, than continue my unpleasant life here with a great entertainment. Whensoever it please your honour to give me answer, that I may cast off my care and wholly give myself to the service wherein "my harte delitethe," I shall ever think my self most bound as always hitherto. S^t Andrews. Signed: Tho. Randolphe.

[Postscript].—I have before written of the desire divers of this nation have to serve her Majesty beyond seas. I make not account of every one that comes, but I can find 200 as able honest men as are in Scotland, under a leader of honour, who shall find favour at divers noblemen's hands to set them forward. They feel ashamed, after the favour themselves have had of God, and seeing all Christian people taking part with "the poore afflicted," to lie back and give no help. Some gentleman will soon be with your honour to be a mean for them; assuring you they shall be well horsed and such as have served before. "Howe evle willinge so mever thys quene be therunto, the matter is easie inoughe to be brought to passe withowte her knowledge." It may please you for speedy answer herein for those that are "so instante." The Duke and Glencairne are gone to their houses, and Argyll and Atholl come in their places; Ruthven also present "not yet admitted." Lady Sutherland Lennox's sister, is here suing for her husband, more pitied for her own sake than his. Colborne shortly receives his despatch. Signed: Tho. Randolphe.

[2^d Postscript].—You shall receive herewith letters from Murray to Lethington, and therein a letter from the Queen to M. Danville in favour of Harrie Killegrewe at the suit of Lethington. "Of thys I am certayne of other and not by herself." This night at 9 o'clock, she was not privy to her uncle's hurt. To-morrow she takes her journey 4 or 5 miles out of this town, to pass 3 days. Initialled: Tho. R.

3¼ pp. Closely written. Holograph. No address or flyleaf.

1174. Randolphe to Cecill. [March 18.]

There is great sorrow here for the death of the Duke of Guise, and many of our fair faces at Court are "greatlie impayred: the Quene herself mervileus sadde, her ladies shedinge of teares lyke showres of rayne; some other for compagnie (thoughe their hartes be never a whyte hevie) mayke maynie a fayer offer, to lette the worlde wytte what compassion theie tayke to see other so sadde"! Before Monday last the 15^th no knowledge came to the Queen of the Duke's hurt; at which time we were assured by your letter to Sir Thomas Dacres, that he was dead. Murray and the Justice Clerk were the first openers of the matter; assuring Lethington to be the advertiser, and confirmed by your letters. "Our comforte is nowe that as we have passed greater sorrows, so shall we also do thys"!

It pleases her grace to send this bearer Monsieur Rowlet her secretary to Lethington with command immediately to pass into France with the letters she has sent him, for the Queen mother, for her grandmother, for the Duke's wife and others her friends to comfort them as he can, and also to see by what means to further the accord. This I know by others not her self. Her grace shall shortly find how much more the Queen's Majesty's friendship may stand her in stead, "then anye that ever boore the name of a Guyse"! As they have occasioned in times past great misliking between our sovereign and this Queen, "so nowe seinge God hathe taken awaye the cheiffeste autour of that dyscorde, I hope well that he wyll so yoyne their hartes togyther, that the kyndnes betwene them by no meanes shalbe dysseverde"! I am earnestly required by Murray to ask your honour to move the Queen's Majesty to write to this Queen "some comfortable lettres and good wordes, whearof he knowth that great good wyll insue." His whole purpose is to bend all her affection that way for concord and peace; with this bearer's return he trusts her Majesty will write somewhat and also give me authority to say what seems good to her Majesty. Murray, Argyll, Marshal and few other than those ordinarily in Court, are with her grace; who this day rides to Fawcklande for 8 or 10 days.

We have heard nothing of things in France since the Duke's death, nor what is become of him that slew him. May it please you that M^r Sommer or other may sometimes advertise us, at more length than we know the business you have gives your honour leisure for. S^t Andrews. Signed: Tho. Randolphe.

2 pp. Holograph; also address. Indorsed.

Inclosed (?) in the above:—

(Arran to [Murray].)

"My lorde I am here in daynger of my lyf for revelinge the treason ment agaynst the Quenes Majestie and yourself; therfore succour me and as ye tayke care of me your traiste brother and the innocent bloude and mayke you to come and seme as yf I were giltie, other wyse I wyll have my throte cutte here." Have compassion on me as ye would God should have on you "my lord my brother," for so long as I live I shall be true to you as you have some experience. James Hamilton.

Show this to M^r Randolphe and bid him "trest" (?) me.

½ p. Copy by Randolphe.

1175. Declaration by William bishop of Chichester. [March 21.]

In the 26^th year of Henry VIII., when sent by his Majesty in embassade to the King of Scots, I had instruction to travail with his sister that King's mother, to renounce Lord Meffyne her husband, and be reconciled with her former husband the Earl of Angus.

When I disclosed my message in presence of Lord Meffyne "(for other wyse she wolde not heare me)" for all my persuasion, she referred answer to be made by him—who in 2 or 3 days after in the Black Friars of Edinburgh "commoned with me a partte," declaring how the Queen for just causes was divorced from the Earl and lawfully married to himself; showing me also an authentic instrument of divorce formally made at Rome, "whiche I did rede." The cause of divorce was granted on allegations and proofs that the Earl before he married the Queen, was married to another gentlewoman of the country "whose name I do not remember." Lord Meffyne earnestly requested me to certify the King hereof. Afterwards when in commission with Lord William "Haward" now Lord Chamberlain, his lordship told me he had a special command from the King's Majesty diligently to inquire for the said gentlewoman, and after sundry talks obtained from her a letter of her own hand specifying her marriage with the Earl, which he told me he would deliver to the King. Thus I have testified my knowledge, occasioned thereto by a "pretensed title, mocioned in the Parliament House for the Ladye Margarett Douglas."

"To this declaration before the Lordes of the Counsell, the xxj^st of Marche the v^th yere of our sovereigne ladye Elisabeth Queene of Englond, &c." Signed: W. Cicestren.

1 p. The attestation is holograph of Barlow. Indorsed (by Cecill): "21^st Martij 1562. B. of Cicester, Barloos declaration of his knoledg in the case of the Lady Margaret Lennox."

(1) Another copy of same.

1¼ pp. In a later hand. Indorsed.

1176. Arguments between Arran and Lennox. Elizabeth. [Jan. . 1562–63. ]

"The alegacyons and reasons of James Hamelton pretended Erll of Arran toching the tytell to that Erlldom, and the crowne of Scotland: and the aunswers of Mathue erll of Lenox to the same":—

Hamilton.—It is certain that Lady "Marrion" (fn. 1) Stewerd sister to King James III., married James lord Hamelton, and bare him a son and a daughter, viz. James, earl of Arran my father, and Margaret (fn. 2) Hamelton your "good dame," (fn. 3) Countess of Lennox. As the brother succeeds before the sister, "therefore ye doo me wronge to quarell me."

Lennox.—If you had been lawfully begotten, I should have had nothing to say. But it is most true that your father was married to Elizabeth Hume daughter to Lord Alexander Hume, about the year 1493, and she lived till the year 1543. Many years before her death, your father "tooke to his company" Dame Jenet Beton, by whom he had you, and was not his lawful wife.

Hamilton.—But there was a divorce between my father and Dame Elizabeth, and he married Dame Jenet my mother.

Lennox.—Some lawful cause of divorce must be proved, or it is of no avail.

Hamilton.—The cause was that said Elizabeth was first married to Sir Thomas Hey son and heir to the Lord Yester, and Sir Thomas and my father were near of consanguinity, a lawful cause of divorce, rebus stantibus ut tune.

Lennox.—Your allegation is most untrue, for there was "never suche a thinge" as a marriage between Sir Thomas and the said Elizabeth, as ye affirm.

Hamilton.—The divorcement proves the marriage. How then can ye disprove it?

Lennox.—I prove the contrary thus—as ye allege the cause of divorce "to growe upon" the marriage of the said Elizabeth and Sir Thomas, and it is true they were never married, how could there be a divorce between the said Elizabeth and the Earl of Arran, "when there was never suche a thinge in rerum natura"?

Hamilton.—It is hard to prove that, for my father took a dispensation for the first marriage of the said Elizabeth "and maryed hir agayne," which proves that she was married to the said Hey, "and that there was cawse of devorsment."

Lennox.—"Dispensacyons and remissyons taken for thinges that was never, proves nothinge."

Hamilton.—"Yet all this is noo proffe that the sayd Sir Thomas Hey never maryed the sayd Elizabethe."

Lennox.—I will prove it thus—"fyrst Allexaunder Hume the fyrst Hume, maryed the dowghter of the Carrs, and hir name was Nicolas. She was an inherytryx of Samiston and Huton Hawle, and was maryed in Berwick in the yere of God 1478 yeres, and abowt ij yeres after, in the yere of God 1480, was the aforesayd Elizabethe Hume borne. Now the sayd Sir Thomas Hey maryed Dame Kateryn Burtyke [Borthwick] sister to William lord Burtyke, abowt the yere of God 1489 yeres, and the same Sir Thomas was slayne by the "theves of Asedale in the yere of God 1491, and lefte a sune behynd him of a yere olde, and that wyffe of Sir Thomas Hayes after his slawghter, maryed Sir Oliver Sinclar lard of Roslinge, and hir sune by the sayd Sir Thomas lyved tyll he was 18 yeres of age. Thus I prove Elizabethe Hume was not ix yeres old, when Sir Thomas Hey maryed Kateryn Burtyke, and therefore cowlde not be Sir Thomas Heyes wyffe."

Hamilton.—But if all this were true, yet you have prejudged your right, for that I was entered heir to my father without any contradiction by you or any for you, and continued so till the "disseace" of King James the 5^th, and after his death I was admitted Governor of Scotland without impeachment of you or yours.

Lennox.—I answer I was under age and out of the realm, and as to my curators, their negligence or evil dealing could not prejudge me—for by the law of Scotland, a curator may wyn (?) but can lose nothing to the pupil. Also after the King's death, the Cardinal wrote to the King of France for me to come home in Scotland to receive the right that "aperteyned me," and raised a summons of bastardy against you; for when ye were declared governor, you proclaimed that the word of God should be in our "volgar tonge, but to stop the Cardinals mouth," you showed to repent your [doing?] (fn. 4) and made a new command to the contrary, barring all men from that benefit, and prosecuting any that "was forwarde thereto." And thereupon the Cardinal left off prosecuting the summons of bastardy against you. And I conclude you have no right to the earldom of Arran, much less to the crown of Scotland, for whatsoever is set down here is to be proved substantially by records.

2½ pp. Copy. Indorsed (by Cecill): "Argumentes pro et contra betwixt James erle of Arren and the Erle of Lennox In favour of Lennox."

(1) Another copy of same.

2¾ pp. In a later hand. Indorsed.

(2) Another copy.

2¼ pp. Partly in same hand. Indorsed.

1177. Lennox Against Arran. [March 21.]

The Earl of Arran, called Duke "Chatillaroo," bastard born, gotten upon the Ladie Wemes concubine to James earl of Arran his father, doubting the objection of bastardy by James Hamilton his base brother, who "mannassed" the same, to save the earldom of Arran, resigned his whole possessions to the late King James the 5^th for new infeftment to be made again to him and his son, which passed, and paid his fine for the same according to the laws of that realm; "and by thys colour saved his landes, whatever should chance after." On that King's death, Arran, more by the procurement of some noblemen his friends, "nor of his own curage or any just right he had —thErle of Levenax that now is, also being in Fraunce absent—tuik "the place of governament," and by their assistance kept a parliament, whereat was contracted the marriage of the young Queen of Scotland, "to that worthy prence" King Edward 6^th, and restored the Earl of Angus to his lands. The late Cardinal of S^t Andrews "being by him and his assistantes in captivitie there, the Douagere and the young Quene lykwyse in Linlithqw captive—caused draw in forme thordre of the said erle of Arranes bastardrie to have been put in execution: and by there meanes procured therle of Levenax by Fraunces the Fraunce King, to be sent home as moste laufull governour, whiche he dyd. Arran being thus placed dowbting ever bastardrie: partlie by force, partlie by rewardes, procured the seales and hand wryttes of the moste part of the nobilitie (yett not all) to allow him secund persone of that realme; and by these meanes and upoun the revolt from the excellent prence King Henrye theight, having afterwartes the Douagere and the Cardinalles favour, contynewed in office." Where perhaps some think Arran was "re-abled": the truth is in King James's time, he did not seek for it, but used the colour of infeftment foresaid. "In his owin regne being his owin juge, and butt an tutour to the young Quene in the law: nether went aboute to be re-abled nor durst ony ferther plonge or open his unlawfulnes: butt contented him self witht the wsurped rowme: and never by no parliament in the said late King James tyme: nor in his owin, as said is, was reabled nor made laufull. And besydes that: the ordre of reabling in that realme passetht by lettres patentes upoun bill assigned from the prence, called an Legittimation, and not by Act of Parliament."

Arran has been not only reputed and called "bastarde" by all the subjects of that realm, "in there pryvet greiffes by him to them ministred," but also the most famous, worthy, and of "immortale and digne memorie" King Henry 8^th: who by his lieutenant Charles Duke of Suffolk and his ambassadors to Scotland, &c. was fully satisfied of Arran's bastardy. Francis the French King, the Queen Dowager of Scotland, and the late Cardinal his friend esteemed and knew him for the same.

1½ pp. Copy in Scottish hand. Indorsed: "A note of informacyon"; and (by Cecill): "Inter Comitem Aranic et Comitem Lenox."

1178. Maitland on Lennox's Information. [c. March 21.]

I cannot see why this James Hamilton should object bastardy to his brother the Earl, seeing he could not thereby come to any preferment himself, or any part of the lands, being himself " ane bastarde in very deade"; and in so doing should have driven the succession of his father's inheritance to his mortal enemy the Earl of Lennox, whose father he had killed. It is so unlikely, that I think no such matter was ever " in heade."

It is most vain to think, for fear of laying bastardy to him, he resigned his possessions, for such could have served to no purpose, as by the law of Scotland the resignation is the "fundament" of the new infeftment, so if the "resignant" have no right to the land or power to surrender, the new infeftment grounded thereon is always "reduceable upon that heade." But it is "notour" that the same cause moved Arran to seek new infeftment, that moved the other nobility, who did the like, not that they feared bastardy. The procurement made to the French King to send Lennox home, "if so wes," yet proves nothing —and though the Queen, Cardinal, and French fortified him, their counsels were frustrate and unable to prevail against the right.

As to the seals and hand writings, it was done in Parliament by consent of the whole Estates, and if two or three nobles were absent by sickness, they joined afterwards. So it is no "privey band" but the law of the realm. He needed no legitimation, being lawfully born.

He has been ever reputed lawful by the people, the law of the realm, and by "enquest retourit to the chancellary," lawful heir to his father's inheritance, acknowledged in plain parliament lawful tutor to the Queen's grace [second person in the realme and?] (fn. 5) and heir apparent to the Crown. So esteemed by the Queen his sovereign, Henry and Franceys kings of France, as appears by their letters patent to him. I believe not that Henry 8^th was satisfied of his bastardy, nor that his lieutenant or ambassadors would say so, being most untrue.

1¼ pp. Holograph of Maitland.

1179. Memorandum as to the Countess of Lennox. [c. March 21.]

"Archenbold erle of Angoys" married Margaret Queen of Scotland and had issue, now Countess of Lennox: born at Herbottle in Northumberland. After the solemnization of the marriage" and issue betwen them had," the Lady of Trakquayre did by process of ecclesiastical law, procure a sentence of divorce between the said Queen and Earl, by force whereof the "lady of Trackquayre enjoyed him as her lawful husband and contynued with hlm during her lief. And living therle and the lady of Trakquayre, the Quene toke to her husband one Steward, and contynued with him during her lief, and died without issue."

½ p. Indorsed (by Cecill): "Erle Angus ageynst the legitimacy of Margaret Contes of Lennox."

Inclosed with the same:—

(Letters Patent of the Cardinal of Ancona.)

"Petrus episcopus Sabinen," &c. Cardinal of Ancona, attests that as papal commissioner in the Roman Curia, he on the 11^th day of March previous, pronounced sentence in the divorce moved by the most serene lady Margaret widow of James 4^th King of Scots against Archibald earl of Angus: declaring the pretended marriage between the said Queen and earl null and void—commanding the earl to restore all the plaintiff's dower, goods, &c., imposing on him perpetual silence, and condemning him in the expenses of the suit as hereafter taxed.

Being unable from his absence from the Curia, to issue executory letters, enjoins all and sundry to yield implicit faith to these in the tribunal, or the church. Appends his signature and seal. Palace of Ancona, A.D. 1528, 2^d day of April, pontificate of Pope Clement 7^th the 5^th year. Per Car. Sabin.

1½ pp. Contemporary copy.