Elizabeth: October 1579

431. James VI. to Elizabeth. [Oct. 5.]

We have "understand" by your letters of the 13th of September and declaration of your servant, Nicholas Errington, of receipt and harbouring of Claud Hamilton, a rebel and fugitive lately fled out of our realm, by Sir John Foster, knight, Warden of your Middle Marches, without your knowledge; wherein, although he has done very undutifully on his part, being a public officer who both knows what the treaties and laws of Marches in such cases appoint, what the sincere amity betwixt you and us "craves," and what our goodwill towards you in "semblable" matters has been, yet can we not but render you our most hearty thanks for your advertisement, firmly looking to receive at your hands delivery of the person of the said Claud, to be used as he has deserved; for the which we will most effectually require you, according to the treaties and the good amity standing betwixt us, well and truly observed on our part whenever the like occasion has heretofore intervened: and we are likewise glad to understand that the case is so fallen out that his receipt within your realm is known to you, where we doubt not his stay shall be till he may be delivered according to the treaties, seeing, if he had been suffered to pass to other countries, he might have been used—as you truly write—for an instrument to trouble the quiet state of both these realms, wherein we understand his elder brother, sometime Commendator of Abirbrothok—who was permitted to pass through your realm and take shipping into France—to be now occupied, as you suspect, as well in France, where he remains, as with the King of Spain's ministers. For that which you think, in your opinion, were fit to be done in the cause of the said Lord Claud and his brother, in respect as well of the quietness of our estate as of the maintenance of your honour, being by way of promise, as it were, engaged to them for their safety, unless it may be proved that they have done since the time of the pacification to the contravention thereof, surely we think never to forget the care which your favour and good meaning towards us has justly deserved; but we doubt not but your meaning is such that you do not wish us to be "in the curtesy of that race that hathe so dipped in the blood and taken the lives of our deerest frendes and kinsfolkes," besides their further pretences. For anything since the pacification, or remitted therein, they are not now prosecuted, but only for the murders of our dearest goodsire and uncle, the Earl of Lennox, and the Earl of Murray, the remission whereof by the pacification was reserved to your advice and counsel; which by your letter to the Earl of Morton, our Regent for the time, of 11th April 1573, you declared, namely, that the inquisitions, searches, and revenges by justice or otherwise for the said murders were utterly deferred till such time as we should be of that age that by the laws and customs of our realm we should take the government to ourself; to whom at that time you meant not that your advice should be any prejudice, but that we might in that case do as then should seem convenient. According to which advice the same inqusitions and revenges by justice for the said two murders were utterly deferred, not only during the whole government of our late Regent, but the space of one whole year and more after we had taken the government of our realm to ourself, yea, when we were in full readiness to take the fields; before which it was thought meet that the said two brothers, chiefly culpable of the murders, should be out of our way, which we might lawfully do, as I doubt not but you shall also think and well allow of our proceedings therein upon due consideration of the circumstances, wherein your honour is nowise "interest" nor touched by us, in respect of your said advice, and that the pacification never extended to the remission of the two murders.

Further, we must "remember" you, dearest sister, of the present evil condition of the Borders of the East and Middle Marches for default of meetings and due redress betwixt our officers on both parts, the Warden of your East March refusing to meet, notwithstanding that by the answer received by our servant, James Murray, we understood that you and your Council had otherwise commanded, as also because he and the Warden of your Middle Marches have refused and deferred to make the like delivery and redress for slaughter committed on our subjects, as we have caused already to be made for yours, without which mutual correspondency in justice no quietness or good order on the Borders can long endure, as we doubt not you will consider, and thereupon command the fault to be repaired with such expedition as the cause craves now in this season of the year, when the disordered people inhabiting the Borders on both parts customably are unquiet and troublesome; wherewithal we look for some good and special answer to the other matters imparted to you by our servant James Murray, as soon as conveniently may be, that we may be certain what to "listen" for in that behalf.

2 pp. Copy. At the head: "From the King of Scotts to hir Majestie the 5 of October 1579." Notes in the margin in Walsingham's hand.

Copy of the same.

432. Nicholas Errington to Walsingham. [Oct. 10.] Cott. Calig., C. V., fol. 168.

Having given his attendance as well at Stirling as at Edinburgh these sixteen days for the King's answer to such letters and instructions as he had to deliver and deal in from the Queen of England with the King of Scots, and having used his duty and diligence there to his simple knowledge as well to the King himself as to the whole board and nobility there assembled, has now received the King's letters in answer to the letters and instructions, which he sends herewith, and also a letter to the Queen of England from the Earl of Morton, together with such other letters as are here inclosed to his honour from others. The King told him at his leave taking that he doubted not but her majesty would be well satisfied with the same, and seemed to be very thankful for the great care which her highness had for the good preservation of his quiet estate and all other times where he had need of her aid and comfort. Touching the Hamiltons, he could not find in the King other than fervent hatred against them, and, as it were, a fear he had of them, if they should remain or inhabit in Scotland, to be dangerous to his person. Found the like devotion of the whole nobility there towards them, and not one willing to pity their cause. It was thought not only discourteous in receiving them in England, but as much is soliciting their causes, being so odious murderers to the King's dearest friends, yet they seemed to be grateful for her good using in forewarning the danger that might happen to the King's estate by their banishment to foreign countries, being of so great a house and quality.

Touching the article of pacification by Mr Killigrew for them, they allege the Queen of England's discharge in honour therefor by her letter to the Earl of Morton—a copy whereof he incloses—touching the said point—the King being now in government, and, as they allege, of lawful years to extend his laws to all malefactors.

The King has not been directly moved by the Council or noblemen for any marriage with any particular person, yet it is thought that as there be several factions in this matter, so every of them seek to persuade the King to marry in that place that might be best for their purpose. Wherein some look for France, some for Spain, and some for Denmark; and it is said the matter will be offered to the King shortly, with request to dispose himself such way as shall be found expedient for his marriage; and it is seen that the King, of his own inclination, best likes and affects to match with England in marriage, in case he may find her majesty favourable to him, wherein the King and Council say and think that they shall have near experience what the Queen's majesty will do for the King.

Touching Monsieur D'Aubigny, it appears that the King is much delighted with his company, and he is like to win into special favour, and not only to be Earl of Lennox in reversion after the present Earl, but also to have some part of the Hamiltons' lands, if he may be drawn to religion. He has not as yet dealt in any matter of marriage with the King, nor in any matter of great weight, but defers all these things to further time. He means to abide in Scotland this winter. His wife is looked for there with her younger brother Antrague. He lives in Court more than his living will bear, as is thought. Whereupon some judge "he is borne with some greater then hym selfe." He has many followers, as Mr Henry Keere and others who are much suspected; which they perceive, causing them to be more wary.

The Parliament holds at Edinburgh on the 20th instant; which is thought [to be] chiefly for the forfeiture of the Hamiltons and Sir James Balfour, the confirmation of all things done in the Regents' times, and for order to be done in the King's house and revenues.

The heat borne and hatred betwixt the Earl of Morton and the Carrs and Humes, who depend on Argyll, Montrose, and that fellowship, still continues. The King is general well loved and obeyed of both sides, and of all the people. Berwick. Signed: Nicholas Arington.

2 pp. Holograph. No flyleaf or address.

433. Occurrences in Scotland. [Oct. 1579.] Cott. Calig., C. V., fol. 170.

"The present occurentes in Scotland."

As touching the Queen's majesty's suit for the Hamiltons, I find no good inclination in the King towards them, other than he is persuaded that their being in that country is more dangerous to his person and estate than all the practice they can work in foreign places. I cannot perceive any man in Scotland who dare or has goodwill to solicit the King on their behalf, Lord Seton excepted, who has goodwill, and yet I see can do them no pleasure, for he is altogether forth of Court. He confesssd to me when I willed him to prove their friends, considering her majesty's goodwill to pleasure them, that they had no friends in Scotland could do them good at this present if her majesty's good solicitation did not prevail.

I perceive, if anything hinders the forfeiture of their livings at this Parliament, [it] will be that many of the nobility would not have it proceed in Parliament for a precedent to others; amongst whom [the nobility] few can be excused of the like crimes if they be well sifted, as they whisper amongst themselves.

It is said here that Arbroath is offered by the French King his father's room and title if he will become Catholic. It is here plainly spoken that he deals with the Spanish ambassador to be the King of Spain's man. To conclude, I find few or none desirous of their return into Scotland except their own friends and allies, and therefore doubt much of the King's clemency towards them. Yet I will "aspect" the King's answer as time is appointed.

As touching Monsieur D'Aubigny's arrival in this country and how he was accompanied by the Duke of Guise to the ship at Dieppe, is to your honour well known. He has brought letters to the lords from the King his master, with his commendations—but none to the King. His letters to Argyll and the rest of the lords of the Falkirk had a more friendly style than Morton's and that faction, and were delivered eight days sooner than the others. The Earl of Argyll gives to him the best countenance and entertainment. He is most affected to that faction of the Falkirk. The King has great liking of him, and [he] grows great in Court. It is thought verily that he shall be second person there by consent, if he will become religious, and draw himself into that country. The ministers are daily forewarning the King for dealing with Papists and tyrants. He has not as yet motioned anything other than that he came to visit the King, being of his blood and consanguinity. He has one Keere, a Scotsman, dwelling in Paris with him, a great Papist. The ministers were minded to have examined him of his faith, but were hindered by the burgesses for fear of hindering their traffic in foreign countries, and specially in France. This Keere is thought to be a great dealer, if he durst begin his purpose for the bishop of Glasgow, in the behalf of the King of Spain, for the marriage of the King.

The bruit for the King's marriage "with" the French King and the Duchess of Lorraine is here misliked of many, alleging the friendship already sufficent with them both; who will say sometimes amongst themselves that Spain is meetest for them, their right and titles, if they have need. This is "tubb talke"; but truly I hear not that the King himself is inclined to any of them, or yet to hear any motion of marriage. If I shall be plain—the good affected sort about the King and elsewhere have in plain speeches wished the Queen's majesty to go forwards with the good work begun, and prevent all those busy practisers, and may have, without doubt, the King and country at her majesty's devotion.

My Lord of Hunsdon's repair to visit the King was looked for. It was agreed on that his lordship should have been most honourably received, and that he should have done good work amongst them, as well for Border matters as other things of great importance. I excused the lot of his lordship's coming by reason of the troubles in Ireland etc.

The Earls of Morton and Mar and their friends are yet greatest with the King. If the Carres and Humes and they were "frendit," as was hoped for if my Lord of Hunsdon had come thither, there would be no contradiction in Court. I perceive the Carres and Humes will be in that or any other good neighbourhood at her majesty's devotion, and glad that their peace might be made so honourably as by her majesty with Morton.

Upon the troubles in Ireland it was thought here that her majesty would have required some Scottish men to have been sent over to the north of Ireland upon her majesty's charges, for that the passage is very short from that country. Whereupon Carmichael made a great suit to the King that he might be the leader of them, as well for his credit as for the goodwill he bore to serve her majesty.

If any alterations fall out by the King's coming to Edinburgh, I shall advertise your honour. The whole nobility and gentlemen attend the King's coming to Edinburgh: the number will be at least 3000 men. All men who have any private quarrels or feuds are discharged to wait upon the King at that assembly. The town of Edinburgh presents the King with a cupboard of plate, worth 1000 marks sterling, and prepares certain orations and devices for his receiving into their town. Monsieur d'Aubigny's lodging is prepared —the nearest and fairest to the King in the Holyroods. The Parliament holds on the 24th of October. It is thought the King will return to Stirling, the Parliament being ended. Signed: N. Erington.

The coming into England of Monsieur, the King's brother, is well known here. They murmur very much thereat, and specially those who favour religion. The ministers are in great doubt that it shall breed some alteration either to the estate of both these realms or else to the advancement of the Papists, who rejoice to hear thereof. They affirm that if Monsieur D'Aubigny does not alter in his opinion of his religion by open protestation before the Church, he shall return from whence he came without any advancement in their realm.

Truly, I see plainly by open appearance that he will grow great in this country if he alter his religion, which some of his give out he will; and the rather for that the Earl of Lennox is so simple and of no account. Which place will, no doubt, fall to him, as the most part here judge. All these things will very shortly be known.

4¾ pp. In Nicholas Errington's hand. Indorsed.

434. Robert Bowes to Burghley. [Oct. 22.] Cott. Calig., C. V., fol. 173.

Has given direction to this bearer, Robert Arderne, for the survey of such lands as he ought to assure to the Queen of England in recompense for 100l. granted by her, and called on him to sue to his lordship for expedition of the same, which has been delayed beyond due time. Prays for the continuance of his good favour and furtherance therein.

Since his return hither, has found little alteration in the estate of Scotland. Mr James Macgill, late Clerk Register, died at Edinburgh on Friday last, and that office is given to Alexander Hay. Monsieur D'Aubigny still forbears to move or offer to deal with the King in any matter of importance, yet for favour, and at the request of Argyll and Lennox, he will sometimes persuade the advancement of that which they would have set forward, being many times, graciously heard, and growing still into the King's good opinion.

Mr. Henry Keyr, a chief instrument about D'Aubigny, still lurks without attempting any open dealing, protesting well that D'Aubigny and he are suspected and spoken against by the ministers of the Church, and also by them so narrowly awaited, that they cannot open their pack in any room but their wares will be seen and published in pulpit.

The Earl of Morton has not hitherto contracted any bad friendship with D'Aubigny, as many others have done and daily do. The associates at Falkirk chiefly begin now to follow him.

The King was received into Edinburgh with great triumphs, and the Earl of Morton has entertained him at his house at Dalkeith with great honour. But he did not present to him any or such mass of treasure as some looked he should have done. Nevertheless, he remains in good favour with the King, and still carries the sway, as he is, he [Bowes] thinks, very worthy.

The most part of the noblemen are convened at Edinburgh, for this Parliament began on Tuesday last. The Earls of Angus and Morton desire the attainder of Sir Thomas Carre, Laird of Farnyhurst. Lennox and Mar seek the forfeiture of Drumwhassell for detention of the Castle of Dumbarton against the King's charge, and almost all cry for the attainder of the Hamiltons for slaughter of the late King and Regents. Many hold against the forfeiture of Farnyhurst and Drumwhassell, the rather because by an Act of Council it was provided that none should be forfeited other than the Hamiltons guilty of the murders. The Council, contrary to their accustomed order, have not resolved on and set down any particular heads or articles to be proponed and treated in this Parliament; wherein the attainders remembered, the confirmation and ratifying of the Acts of the Regents, especially of Morton, the orders for government of the King and Council, and the disposition of the King's house and revenues will be chiefly preferred. Some advice to broach other great matters, as the King's marriage etc. But others of more judgment and foresight persuade that those causes are not yet ripe or apt to be touched in the condition of this present time.

The barons and kirkmen in Scotland would have place and vote in the Parliament, but the King and Council determine not to alter anything therein during the King's minority.

The plague in this town increased something in the end of the last moon, and is now dispersed into sixteen or seventeen houses, yet there are not above forty-two dead thereof, and not one soldier in pay. The bruit of this sickness makes such fear in Scotland that all Scotchmen are restrained by proclamation and on pain of death to resort to this town, or receive or deal with any person or stuff thereof, whereby he finds great difficulty to send or receive any letters or messages to or from that realm. Berwick. Signed: Robert Bowes.

2½ pp. Holograph, also address. Indorsed (by Burghley's clerk).