Elizabeth: December 1583

701. Archibald Douglas to Walsingham. [Dec. 1.]

"Sir, be the contentis off zour letter derect to zour trustie servitour Walter Williamis and communicat onto me be him I onderstand zour faworable rememberance had of me, wythe zour erniste gud mynd to move hir majeste to consider of my present estait so far as ze may vythowte offens onto hir hyenes. For the quhilk I can do no moir at this present bot to rander onto zow (for that and monye vther benefitis ressawit) sic thankis as ane desolate prisonneir (mony vais afflicted) is able to gif. And to remitt the rest to his gudnes quho may plentifully rewarde zow for so charitable ane worke."

"In this my adwersite I am comfortit wyth this hoipe (that Almychtie God in quhost hand remanis the hartis of all Princis) will quhen he thinkis tyme mowe hir majesteis hart to think that he quho is vesitit wythe banishement for hir majesteis service in lyk maner deprivit frome honoris, possessionis and gudis of fortune, and last and most of all to be lamentit (be the providence of Almychtie God) separatit frome the party that was be his gud plesur gifin for ane vordlye comfort, deservis of hir princely clemencie moir gratiows dealing nor to be rygowruslye punisschit for ane offens proceding frome no malice bot from meir necessite to hir majesteis weill, knawin that in all actionis is excusable, as not subject to reules or lymitation. At the leist I beleif hir majesteis gud naturell sall remember this charitable saying of vise King Salomon, 'q afflict non est tradenda afflictio.' Gif vthervais that hir majeste is not zit fullie satisfeit for my offens be punishement alreddy ressavit I am content pacientlye to abide quhat salbe hir majesteis fordar gud plesur to ordeyn, and to gif thankis to Almychtie God for his saidis escharp visitation justly for my sinnis deservit vyth the wordis of Job, 'Dominus dedit, Dominus abstulit. Sit nomen Domini benedictum.' In this meane tyme I haif takin the hardiesse to call to zour bettir memorie that I wrote at sum tyme of before onto zour honour, that tyme vald produce sic effectis as wald move hir majeste and vtheris to onderstand that I was hardlye delt vyth all and wrongfullie raportit of onto hir hyenes, so now I can not forbeare to late zow onderstand that I beleif occasion sall minister sic mater as wythe tyme hir majestie may be movit to knaw that my present imprisonement is prejudicial mo wayis than one to hir majesteis service, as moir particularlye zour honour may onderstand quhen it salbe zour gud plesur. Most humblye I pray zour honour in this meane tyme that quhen ony gud oportunite salbe offerit that hir majeste may be maide acquaynted vyth so far off the contentis off this lettir as shall seyme to zour honour may be communicated vythowt offens onto hir hyenes." "From zour house at London." Signed: A. Douglas.

1⅓ pp. Holograph, also address. Indorsed by Walsingham.

702. Archibald Douglas to Walsingham. [Dec. 1.]

"Sir, gif I suld altogethir refuse to speik for my cuntry men quhen thay requeist me, thay wold tak it in evile part. And to be moir trowblesome to zour honour than neid requirit is no part of my dewty, zit remaning onder hoipe that ze will not be offendit that I discharge my behaviour in sum kynd towartis thayme, I haif takin the boldnes be these few lynes to mak zour honour acquayntid vyth this fact, that the Lard off Eistir Wemis hes ernistlye pressit me to lat zour honour onderstand that promes hes beyne maid to him be Sir George Carye and be Mr. Bowes of sum consideration from hir majeste. Zour honour knawis the qualeteis of the man, and quhat is to be done herein I most reffarre to discretion. I fynd him of mynd to returne schortlye in Scotland gif thayr sall be ony esperance of doing gud thayr."

"The bischopp of Sanctandres come zistirnycht to this towne. He keipis him self quiett as zit in his lodging at the sine off the thre crowins in Braid stret. He is accumpanyit vyth thre servantis and one Robert Melwill that hes servit in the warris, quho I think sall returne back to Scotland vyth such mater as he sall fynd heir. Signed: A. Douglas.

²/3 p. Holograph, also address. Indorsed by Walsingham.

703. William Fouler to Walsingham. [Dec. 1.]

Howbeit since your honour's departure from Scotland I have not written to you, according to my former professed service, notwithstanding Mr. Bowes, as occasion served, has been oft acquainted with the same, for I may with reason "asayve" to myself all such information as comes from his worship to your honour, so that, my lord, I believe your lordship will excuse this oversight in my duty, the same being done to Mr. Bowes according to your honour's direction.

"The King's majestie yesterday was in reddines to go to hunting, but be report off some who said the feilds wer full off horsmen he stayed for a space. His gards and cumpanys off horsmen wer in ordour, wharoff some went furth to scury the feilds. Who perceaved such troups to be the Erle off Angus, who for suretie off his persoun was accompanyed with such a number to the watter syde the Quenes ferry. Carmichell, the pryour his brother, with the rest that wer in London, ar entered with my lord in ward beyond Spey."

The Earl of Mar wrote to the Clerk Register on Friday that he was in readiness before the time appointed. He is to go to Ireland. The commissioners who held conference with these gentlemen of our country who are in Berwick have returned unsatisfied. The King takes in evil part that his pardon should be disdained by them when he offers it with such fulness.

On Friday my Lord Bothwell, a little space from the King's house, set upon the Prior of Coldingham and his brother. The Lord Hume was in their company. There was no great hurt, for Colonel Stewart with some others entered between the parties, who were both brought to the abbey, and after trial the Humes [were] warded in Leith, and my Lord Bothwell was commanded to enter into ward in Linlithgow. It is suspected, and my lord is sure persuaded, that his warding was procured by Arran, who now thought a great and fit occasion was offered "to hould in his hornes." But the King has licensed him to keep his house in Edinburgh, and the Earl Bothwell grudges very much against the other.

My Lord Seton is in readiness to go to France, for his letters to the King [of France], Duke of Guise, Maineville, and La Mothe are all written. The bishop [of St. Andrews], I think, shall go to Geneva to other reformed universities to know whether it stands with God's Word that the Ministers may use such bold speeches against Princes or not, the circumstances considered. I am to return to London, where your honour shall have better proof of my service. Edinburgh. Signed: Mr. Wm. Fouler.

1 p. Holograph, also address. Indorsed.

704. License for Mr. John Colvile. [Dec. 3.]

The King of Scots ordains his letter to be made under the Privy Seal to Mr. John Colvile granting him license to depart out of Scotland to whatsoever part beyond the sea, England and Ireland only excepted, to remain therein three years, and decrees that the said Mr. John shall incur no scaith or danger in his person or goods for his departure, nor be called or accused therefor either criminally or civily, notwithstanding any acts, laws, letters patent or proclamations made to the contrary, anent which his majesty dispenses by these presents. Provided always that the said Mr. John finds caution presently under pain of 5000l. to depart betwixt the date hereof and the 1st of January next, and that he do not return to any of the three realms aforesaid during the time above mentioned without the King's special licence or warrant. Also that he behave himself as a dutiful and obedient subject to the King of Scots, and does not attempt anything to the hurt or prejudice of him or his State during his absence, and that before his departure he does not repair nearer than thirty miles from the place of his majesty's residence, otherwise this his licence to be of no effect. The said letter is to be "extendit" in the best form with all clauses needful. Holyrood House.

²/3 p. Copy in the hand of Bowes' clerk. Indorsed (by Burghley's clerk), also in a Scottish hand: "Licence offerit to Mr. Jo. Colvile to depart England, Scotland and Ireland."

Cott. Calig. C. VII., fol. 343.

Another copy of the same.

705. Archbishop of St. Andrews to [Walsingham]. [Dec. 4.]

"The Quenis majestie zisternicht willit me to deliver in vrait to zour lordship sik vther articullis as I had in creditt of the Kingis grace my maister to be communicat with hir majestie, quhilkis will please zour lordship receave conforme to hir hienes directioun, that I upoun zour lordship ansuer may direct to my soverane, to quhome I prayse God I haiff found hir majestie beir ane mair then motherly affectioun. And gyf my travaillis salbe acceptabill to hir hienes, I houp God sall vork that sincer conjunctioun betuix hir majestie and his hienes quhilk all the faythfull prayis for in the Lord Jesus." Signed: P. Sanctandros.

¼ p. Holograph. No flyleaf, etc.

706. Articles delivered by the Archbishop of St. Andrews to Elizabeth. [Dec. [4].]

That her majesty would consider the difficulty of meetings and making of ordinary redress, especially at the West Borders, "because of the instant delivere creavit for murther, sclauchter, mutilationis, and fyre reasing, quhilk althocht be sa accordit be the treatis, hes the samyn almaist bene remittit continually to ye Princis and yer commissioners." Therefore that it will please her that such matters of importance, which can hardly be redressed by the private authority of wardens, may be referred to specially chosen commissioners, and that the like command may now be sent to the wardens of her Borders as were given last year to proceed in meeting and "fyling" and delivery for "stouthis and reaffis."

That she will let the King of Scots know how she liked the answers made to the Secretary's [Walsingham's] articles concerning the "greiffis" presented by him in his late embassage, "that quheir hir hienes mislykit his majestie will do quhat lyit in him for hir majesties satisfactioun.'

That it would please her to assure the King of Scots of her disposition to continue in perfect amity with him, which his majesty craves above all, and being assured thereof will omit nothing that worthily may deserve her favour, and will "repose his estait yerapoun." To that effect he will direct further commission shortly as he shall be informed of her sincere affection hereanent. The King of Scots willed him to congratulate her on the discovery of such "attemptatis" as had lately been "conspyrit" against her. "Deus optu. max. diu servet suam serenissinam Elizabetam ecclesie, et fidelibus incolumem."

1 p. In the Archbishop of St. Andrews' hand. Indorsed: "Certeyn heades delyvered by the B. of S^t Androwes."

707. Archbishop of St. Andrews to [Walsingham]. [Dec.]

"Pleis zour lordship, the caus quhy I desyrit to haiff convenit zour honour at zour awin house ves to desyr that yt wald pleis the quenis majestie to grant me licence to abyd at Cambrige, or Oxfourd, quhill the seasoun of the zeir, becaus I am persuadit of the vertu and valour of the bathis and wellis in this contrie, and hes found sum releiff be the support of physitionnis already; that hir hienes vald grant licence to my lordis grace of Canturburie, or suche vther lernit men as hir hienes please, with quhom I may haiff sum conference concerning the best ordour of ane godly reformit policie in the Churche; that zour lordship vald peruse thir few lyns in verse quhiche I haiff not estimit as vorthy to be presentit to hir hienes self; that it vald pleis zour lordship to direct ane servand to receave ane galloway naig as ane symboll of my freindschip, and to accept him at my handis." Signed: P. Sanctandros.

½ p. Holograph No address. Indorsed.

708. Robert Bowes to Walsingham. [Dec. 6.]

At the day appointed for this Convention at Edinburgh none of the lords written for came, save only Rothes, who arrived at Edinburgh on Monday last. Argyll and the rest are looked for, and thinks that some of them have already arrived there. The King had once made ready his letters to call Gowrie to him, but by the advice of the lords in Court, and upon some jealousies, it was stayed. The occasion of this stay is signified to Gowrie, and therefore it is thought that he will not come.

Last Monday week the Prior of Blantyre was sent with the King's letter to Angus directing him in gentle manner to pass over into Fife on Friday following, and within fifteen days to go to Murray to remain there at the King's pleasure, and until his estate and the country might be better settled. Angus readily agreed to obey, and prayed that he might be assigned to some other place more convenient for him, which request could not be obtained, and therefore sent for his friends and servants to meet him at Dalkeith on Saturday. Some of his friends in Tividale gave knowledge to the Laird of Traquair of this assembly. Whereupon Traquair sent hastily to the King on Friday last signifying that Angus was gathering his forces against him, and also advertised Cesford and Cowdenknowes that Angus had gathered his friends to surprise the King, and prayed them to come to relieve the King. But Cesford and Cowdenknowes answered that they knew Traquair to be the King's good servant and their friend, yet he was not licensed nor had power to call them to arms, therefore they might not so suddenly make any stir. Upon the intelligence brought to the King he stayed his journey to hunt that day, and soon after commandment was given to the town of Edinburgh that they all should be ready in armour at the first sound of the drum. Afterwards William Stewart, Arran's brother, was sent with ten or twelve of the guard to "discover" the fields, where he found some of Angus's company straggling, whom he used something hardly in words and deed, until Mr. John Carmichael came to him, who stayed Stewart's fury, and also, leaving his son in pledge for Stewart, brought him to Angus, being then at dinner at the Queen's Ferry. Angus received Stewart with courtesy, letting him know that he had written and sent a gentleman to the King to pray that the place of his ward might be changed, and that he attended the return of the messenger with the King's pleasure, being ready to obey the same. And receiving therewith knowledge that the King would not grant his request, he passed over into Fife. Sundry bruits are spread about that Angus had some further intention against the King, but he has very honourably cleared himself.

Mar, finding that he could not obtain longer license to remain in Scotland, wrote to the King that he would obey. It is said that he is already gone from his house, and it is thought that he will remain some while in Ireland. Lochleven and others lately charged to ward have agreed with the mediators licensed by the King to confer with them, to put in caution and bond to accept the King's remission for the act at Ruthven and to depart before the 10th of this month. Lochleven is licensed to take ship at Coldingham, Aymouth, or in any haven or port in England before the day prescribed; and for that purpose he is presently in the Merse seeking his passage to Rochelle.

Such conditions as are made to Lochleven and others are also tendered to Cambuskenneth, Cleish, and Mr. John Colville, and the Laird of Petmely shall be shortly addressed therewith to these gentlemen. It may be that Cambuskenneth and Cleish will accept the offers, but Mr. John Colvile is not hitherto resolved to receive any remission, offering his trial very largely in all matters to be objected against him, and he thinks that there is enough already passed to discharge the act at Ruthven.

Some others charged to ward have upon like conditions obeyed. "So as it is nowe looked that seynge the suspected are eyther put owt of the realme, or els into ward, that the Governours of the State shall easely establish, and brynge all thynges there into great quyetnes, and the King and them selfes in good surety. And in this the King appeareth to be very wyllynge, bothe to performe all thynges promysed, and also to reforme thabuses aswell in the governours abowt hym selfe, as also in others. And by the fayre speaches that the King haith geven to these medyatours, to sondry good Barons and ministers, they have bene drawen to imploy them selfes to perswade quyetnes, trustynge to fynd good successe. But to what end matters shall turne, it is not yett seyne."

Seton has long been in readiness for his voyage to France, but he cannot yet be furnished with money, which will not be gotten these eight days. Some "heades" for secret commission were once resolved upon and appointed to have been put in form, but now they are stayed, and it is brought into deliberation whether they shall be committed to young Fintry or to Seton. Wherein the greater part of the lords in Court for the present are with Fintry. The effects of the said "heades," intended to have been given to Seton, as he is informed, were to let Guise and other friends of the King of Scots' mother understand that the late alteration in Scotland had so deeply offended the most of the subjects there that the King looked for none other than that they should suddenly put themselves in arms against him, and that the Queen of England should countenance them in their enterprise; wherefore he desired to know what he might certainly look for at the hands as well of his mother's friends in France as also out of Spain. Next, because he has now come to ripe years, he would therefore know their minds and advice in his marriage, promising to hearken to and follow their counsels therein.

Some "dryves" are fallen betwixt Colonel Stewart and Sir Robert Melville, whom the colonel thinks to have been an especial instrument—by the means of Rothes—to draw Lochleven's escheat out of the colonel's hands. Some of the guard gave to Sir Robert very evil terms and reproaches, wherewith the King was offended, taking order for the further progress of that matter.

Upon the late fray or "weapenshewe"—for no stroke was struck— chancing betwixt Bothwell and Hume in Canongate, the Council was resolved to have committed Bothwell to ward in Linlithgow, but the King relieved him; and Bothwell thinking that Arran was the chief persuader of his warding is thereby stirred to some offence against Arran. Huntly takes plain part with Hume and the Prior of Coldingham, for whose cause this matter and quarrel began. The King has appeased the matter, yet is looked that Bothwell will further pursue the said Prior. Berwick. Signed: Robert Bowes.

Postscript.—The general fast in Scotland shall begin on Sunday next (fn. 1) and end on Sunday then next following. It is done for such causes as he rehearsed in the note inclosed.

3½ pp. Addressed. Indorsed.

709. Acts to Condemn the Enterprisers at Ruthven. [Dec. 7.]

The restraint of the King's person a crime of lese majesté. Whosoever shall continue in their disobedience and contemn his clemency he, his nobility, and Estates will take order against. Holyrood House.

1 p. Copy. In the hand of Bowes' clerk. Indorsed. (Calendared, Register of the Privy Council of Scotland, vol. iii., p. 614.)

Cott. Calig. C. VII., fol. 346.

Another copy of the same.

710. Mr. John Colvile to [Robert Bowes]. [Dec. 8.] Cott. Calig. C. VII., fol. 344.

Your last letter, of the date the 3rd, we received the 7th instant, to which I thought good to give particular answer for myself, for that my cause is different from the rest, in respect I am in degree inferior to others, and have been in body and goods pursued with greater severity than any of them all.

Your worship writes that my relaxation, remission, and licence are consigned into the Clerk Register's hands, and that your licence to entreat with us here is prorogued to the 10th instant, willing us in the meantime to haste advertisement to our cautioners for subscribing of such obligations as are thought expedient for that purpose, that we may depart before the first of January, 1583[–4], from England, Ireland, and Scotland.

Albeit for my part I cannot but most humbly thank your worship for your pains, knowing perfectly your honest and faithful meaning, for which I rest obliged to serve and honour you so long as I live. If I had been so happy as to have had conference with you I am of opinion to have let you clearly see that no subtler device could have been found to our prejudice than this is. In declaring hereof, seeing all other conference is cut off but by writing, please your worship bear with my prolixity, because I must, for the beginning, deduce the whole proces laid against me for my own justification and declaration of my enemies' malice.

First;—being "bedfast" through sickness contracted in his majesty's service, I am charged in ward—indicta causa—within the Castle of Edinburgh, which, notwithstanding, with all humility I obeyed, "therefra" being relieved upon caution of great sums, that I should remain within the ports of Edinburgh till it pleased his majesty [to] call me to my "compt," like as by my letters I most humbly desired his highness so to do, craving also that I might be confronted with my accusers. And whilst I lay in this sort, both bound under great sums of money and under the heavy burden of sickness, I received advertisement from sundry credible men that Colonel Stewart would have my life either per fas aut nefas, whereunto I gave small credit as one who neither "diffydit" his sovereign's righteousness nor his own innocency, till at length the Provost of Edinburgh "cummis" to my chamber, "makis" enquiry for me, and "shawes" a warrant to my wife that he had commandment from his majesty to guard me within my said chamber with twenty soldiers upon my own expenses. The novelty of this proceeding to guard me with such a number that I was not able to sustain, not knowing whether they were elected by my enemies or not, and being already tied fast enough by sickness and "bandes of cautionery," together with the sudden credit which the said Colonel, my enemy, rose to, tending to the displeasure of many honest men, caused me, for fear of my life, and for no other motion, as God knows, to absent myself from their violence. "Tharefter" my cautioners are pursued, and the sum of 1000l. rigorously uptaken and the remainder of my goods confiscated and brought in to his majesty's use. And in all this time neither durst I nor any in my name compear to make declaration of my innocency or to entreat for favour. During this space I studied much for what cause his majesty should have been moved to cast me down to the "appetit" of my deceitful enemy, and "findinge" no resolution at the first, yet at length I "hopit" that by his high proclamations some certainty of his grace's meaning would appear. And whilst I was thus perplexed four proclamations are published— all so general, captious, and ambiguous, and so contrarious to the form used against me, that by chance I was "cassin" into greater doubt than I was before. But upon receipt of your first letter "sumquhat" again I was encouraged, thinking that, according to the tenour of the licence granted to you, you should have called us to some place where we might have safely conferred with you, presented our offers and humble supplications, and given you reasons to move his majesty to pity. But "understanding" since the shortness of the time granted to you for that effect, and by your last letter "finding" that it is not thought to his majesty's honour that you should come to us, as also that the declaration of his majesty's mind debars you from conference or receiving our offers, in respect of the alternative decree there set down against us, either to enter ward or to depart the three realmes. By these reasons it appears well it has never been meant that you should "intercomune" with us or that this treaty should any way tend to our comfort. Moreover, all that is offered are either impossibilities for me, or, if I shall agree thereto, you may so reproach me with them as shall tend to my perpetual shame—as may well appear by the reasons following:—

The 23rd of November license is granted to your worship to entreat and intercommune with all the distressed as well without as within the realm betwixt the day aforesaid and the 1st of December. We did not receive your first letter till the 27th of November. To send you perfect answer by writing from Berwick to Edinburgh, much less to confer or intercommune with you in so short time, was impossible. But you will say your day is prorogued to the 10th of December, which, indeed, is true; but we are not advertised of the prorogation before the 7th of the same, so "restit" to us but only three days to write to our cautioners to advise "with" the form of our remission, and to do all things appertaining to so weighty a cause. If this be possible or not is easy to be judged, Beside this can I furnish caution for 5000l. seeing all that I am "vailliant" is already taken from me? or shall I be so unfaithful to my cautioners—in case I can have any—as to bind them for me in so great sums for observing the points following, to wit, that I shall depart before the 1st of January forth of England, Scotland, and Ireland, and not to return during the space of three years to any of these "defindit" realms, neither practise anything to the prejudice of his majesty's estate during my absence, seeing it is not possible for me to be furnished to so costly and dolorous a voyage in so short time. Neither can I be certain that, being upon the coast of Flanders or France, I shall not be driven by tempest to some forbidden "harboury." And for my practising, albeit I should continually sleep in my bed, my enemies will never cease still to subborn his grace that I am practising; and the interpretation of my behaviour and doings will ever be as my said enemies think good to judge thereon, so I can look for no better favour for my cautioners now than I said before, "beand trappit in this same sort." But of all the impossibilities I think nothing in respect of a remission offered to me. Shall I by taking remission condemn myself and justify the crafty treason of my enemy? Or if I should receive any, is it not necessary that I be advised of the form and know the crime objected against me? If it be for the attempt done last year—which they would make his majesty believe to be the only fact since his coronation worthy of punishment—seeing the same is both allowed by the Assembly of the Kirk authorised for that time, with his majesty's commissioners, and by his majesty's own approbation, as well by manifold letters sent to her majesty of England, as by his own Acts of Secret Council, and with consent of his Estates, why should I for my private security prejudge the votes and consent of so many famous and godly men by taking remission for that which they have also solemnly ratified? Or if I shall take remission for other practices alleged, committed both before and after the said public attempt, as seems to be meant by some of the aforesaid proclamations, surely, upon knowledge of the practices in particular, I shall either justify my part before all indifferent men or else confess myself unworthy of your intercession.

It is not for any evil offices betwixt the Hamiltons and Douglases, nor for the selling of the King my master to England, nor for the foreknowledge that his majesty should have been imprisoned in Lochleven, nor for partaking with those who would have delivered his grace to certain English ships at St. Andrews that I am punished; for all these calumnies are so frivolous that I believe my greatest enemy is now ashamed to speak of them. But God has justly punished me for my secret sins, and He is my loving witness that my sovereign is evil informed of me. I have rested too much upon my own judgment, forgetting my God, and now I find the fruits of my folly. God has justly dejected me, but I trust in His mercy. He shall either lift me up and declare my innocence to the world, or else send me patience to abide His visitation. This is the sum of the process laid against me, which I am assured any indifferent man may see to be most hard and rigorous. For what can be devised against the cruel murders of his majesty's father and Regent's that is not either intended or executed against me? I was first "wardit," my goods confiscated, and now, because they cannot possess my body, they would banish me all nations where I may have comfort or exercise of true religion, persuading me, by receiving remission, to incur perpetual ignominy and shame; meaning, as appears, seeing they cannot have my life, to spoil me of my honesty, as they have done the rest of my good fortune. But for all this I neither blame his majesty nor any ancient nobleman who is beside his highness, whom, next his grace, in my heart I reverence and honour, praying to God daily for their preservation and welfare. I blame only such persons as have ever lived ex prœda et rapinis, whose indignation I bear, because I would not agree with their deceitful ways; and how far they shall tend to his majesty's prejudice and calamity of all good men within this nation will shortly appear.

Last of all, that your worship may yet be more persuaded of my innocency, and to the effect no sign of obstinacy appear in me, and that you may have forcible arguments to entreat his grace to have pity upon me, please offer with all humility, in my name, that, a competent day being appointed for my trial, I shall present myself yet—as I ever meant—with all humility to be judged and used according to his majesty's laws for anything [that] can be laid to my charge since his coronation: provided it may please you first [to] get me relaxed, that I may the better travail for myself, and next, give me your bonds and assured promises that I shall receive no violence by form of law at the pleasure and appetite of my enemies. Which manner of proceeding shall prove to be more honourable to his majesty, and the nearer way to punish me, if I be an offender, than in this sort to banish me, confiscate my goods, and compel me to receive remission before I be convicted of any crime. But if it be so that you cannot make me assured in the promises, then I humbly pray you to report my innocent part to his majesty, that he be not moved upon the untruthful surmises of enemies either to mislike of my doings or to publish any new proclamation to my prejudice; but that his highness, understanding well the sincerity of my meaning and readiness to satisfy his pleasure so far as lies in my power, may be moved to compassion, and others my friends, if they be yet doubtful of my proceedings, through your testimony may be resolved, and according to that charitable commiseration which true Christians ought to have of others, may be moved to lament my pitiful distress, and by their earnest prayers to Almighty God and humble suit to his majesty, my sovereign, may call and insist for my relief. Berwick.

3½ pp. In the hand of Bowes' clerk. No flyleaf or address.

711. Mr. John Colvile to Walsingham. [Dec. 9.]

"Pleis your honour, be ye copy of ye licence offerit to me and of my answer send to ye commissionaris opontit to intreit wyth ws heir, your honour may persaif ye hard form usit aganis me and to quhat extremite I am drivin. I haif no refuge bot still to appeill your lordship's accustomit bounte and favour as to my only patrone. And sen my abode heir semis inprofitabill, pleis your honour lett me knaw quhedder I sall remane heir or cum wp that I may be imployit in ony sort may be mest acceptabill to hir majeste and your lordship. Concerning ye matteris of Scotland, I can not say quhat to think yereof, for I am betuix hoip and despair. Thair is indeid ane universal miscontentment, and yit I se few haif sic courage as so honest ane caus requiris. It may be yat sum good matter fall out befor I can resaif your honouris answer, for Angus, Rothes, and Gowry wyth sum otheris most of necessite ether tak sumquhat in hand or ellis peris. And suirly gif thingis had nocht fallin out far by expectation Angus had mendit all thingis or now, as I dout nocht your honour is fully advertesit be Mr. Thesaurer." Berwick. Signed: Jo. Colvile.

1 p. Holograph, also address. Indorsed.

712. Robert Bowes to Walsingham. [Dec. 10.]

The King at this Convention would not enter into consultation in any weighty causes before the coming of Argyll and Montrose, who arrived at Edinburgh on Wednesday last. Little or nothing was done in Council before Saturday last, at which time they "entered" to deliberate as well of the form and course of government to be now holden, as also what should be further done towards Angus and others in the King's displeasure, leaving the same that day without any resolution. Rothes seeing the King's jealousies continuing towards Angus, chiefly touching the manner of the assembly of his friends at his going into Fife, travailed earnestly with the King to satisfy him in the same, and to entreat Angus and others in like case with greater favour and justice. The King appeared to be resolved to remove his suspicion against Angus, and to hearken to the advice of Rothes, giving him such fair words and promises that he dismissed him well pleased; saving that Rothes and others at this time dare not give hasty credit to such sweet speeches before they shall see better performance in deed than generally is looked for.

Eglinton misliking the present estate will not come to this Convention. It is said that Rothes, calling to dinner Erroll, Argyll, and Montrose, there let something fall to draw them to like humours, and it is noted that Argyll and Montrose are not so forward in matters presently in hand as before they have showed themselves.

Bothwell is commanded to ward in his own chamber until he shall put in caution in 10,000l. to do no violence or hurt to his competitor the Prior of Coldingham. He is very greatly grieved therewith, purposing to get amends as he can, and chiefly against Arran, who he thinks is the cause of his griefs.

Angus is still in Fife, at Strother, Lord Lindsay's house. It is now partly doubted whether he [will] enter into his ward prescribed.

Lochleven continues at Blancherne, in the Merse, pretending to attend on the commodity of the next wind for his departure. The King is advertised that Mar, calling to him a notary to witness by public instrument his departure within the time limited, embarked near Erskine for Ireland. Soon after the wind fell contrarious to him, so that it is not known whether he is gone.

The mediators betwixt the King and his subjects in his displeasure have now signified by their letters to Cambuskenneth, Cleish, and Mr. John Colvile that the King's pleasure is that they shall put in caution to depart before the 1st of next month, and remain out of England, Scotland, and Ireland for three years, with other conditions. Berwick. Signed: Robert Bowes.

1¼ pp. Addressed. Indorsed.

713. Examination of Lord Henry Howard. [Dec. 11.] Cott. Calig. C. VII., fol. 349.

"11 Decembris, 1583. Thexaminacion of the Lord Henry Howard taken by the Lord Hunsdon."

Lord Henry Howard saith that about July or August he was in Sussex, where he stayed about ten days. He stayed at the dean's house in Chichester, where Lord Arundel, his nephew, then kept house, all that time, saving that he made one journey to Petworth to the Earl of Northumberland's, where he stayed for dinner, and returned to Chichester at night. From Chichester he returned to London, where he stayed three days. From thence he went to Audley End, and from Audley End to Keningall, where he stayed till after Holy Rood day. Had no conference with any in Sussex saving with the Earl of Northumberland. Never heard of Mope. Never saw Charles Paget since his going out of England, but received two letters from him since his being beyond the seas, the last of which he received at Lent was twelve months. The first letter contained only a salutation, and the other an expostulation.

Never had intelligence with the Scottish Queen, unless that letter which he received may be called an intelligence, which he protests he knows not to have come from the Queen of Scots. And being told by the messenger who delivered him the letter that he brought the same from the French ambassador, he repaired to the French ambassador to understand from him whether he had sent him any such letter. Who denied the same, and avowed it on oath par le sang Dieu, etc., as he has already set down to the Queen of England.

He saith that about six or eight weeks after Sir Walter Mildmay returned from the Scottish Queen, he coming by chance to see Sir Edward Stafford, lying at Hance's at Westminster, found the French ambassador there; who, upon some speech, told this examinant that he had the treaty that had been handled between the Queen of England and the Scottish Queen, whereof he promised to send this examinant a copy. Which he did the next day. Never gave his advice or counsel of the same treaty to the Scottish Queen or to the ambassador. But, going to the ambassador at Salisbury Court some days after, he declared to him that he liked well the answer of the Scottish Queen to the matters propounded.

He says that the French ambassador often said to him that the Scottish Queen reputed him as her brother. He imagines the cause thereof to be the treaty that passed between the Duke [of Norfolk] and her.

The twelfth article he utterly denies.

He says ex mera et certa scientia he never knew Mr. Francis Throgmorton, but as he has seen him in the Court, and by chance in other places, and that he never had any conference with the said Throgmorton in any house or place, nor ever ate nor was at any meal in his company.

Denies that he ever had any conference with Charles Arundell touching the state of the realm with any relation to the Scottish Queen, or of any matter concerning the Queen of Scots.

Did not speak with Lord Paget but once this twelvemonth, and that was about six days before his apprehension. The matter of his coming to him was to entreat him to advise Lord Arundel not to take any quarrel for a blow given in London by a man of Lord Lumley's to a gentleman who followed Lord Arundel. Wherewith Lord Arundel was greatly moved.

Does not know More, nor ever received any letter or message from Gregory Martin, but one only five or six years past. Signed: Henry Howard.

2 pp. Indorsed.

714. Robert Bowes to Walsingham. [Dec. 12.]

That the assembly of this Convention, chiefly gathered to condemn the late act at Ruthven, might be of as great number and estate that the former Convention was that approved that action, therefore the King has so earnestly written for Eglinton and other noblemen that no excuse could suffice for their absence. And he has also caused some barons of good quality and well affected to be present and give their votes in this Council, that their presence might win some credit of the [sic] more equal dealing and true meaning, knowing well that their denial or resistance against any matter propounded there, and voted by the great number, should prevail nothing to hinder the course intended. Whereupon they have now resolved not only to condemn the said action at Ruthven, but also to proceed severely against the parties therein refusing or delaying to accept the King's clemency offered in sort as hath pleased himself, and is signified to them, like as he may more largely understand by the copy of the decree concluded on the 8th instant and published by proclamation in Edinburgh on Monday last.

Some of the barons called to this Convention and appointed commissioners to confer with the parties in the King's displeasure, seeing how finely they have been dealt withal, are weary of their offices and have withdrawn themselves. Brade has returned to his own house. Colluthy is employed in other affairs. Mr. Andrew Hay is fallen sick and is gone home. Of the commissioners Mr. David Lindsay only remains, who showed himself very loth to travail further therein without the assistance of his fellows.

Commandment is given by open proclamation in Edinburgh that all persons being favourers or depending on any suspected in the action at Ruthven shall depart out of the town within three hours after the charge published, and not come within ten miles of the King's person without the King's special license upon pain of death.

The Earl of Rothes, the Lairds of Caprinton and Colluthy, and Mungo Graham are sent by the King and Council to Angus and Gowrie with commission to charge Angus either to enter into his ward benorth the water of Spay before the 16th instant, or else with all diligence to repair to the town of Montrose, to remain there until the 1st of January next, to find caution to depart from thence at that time out of England, Ireland, and Scotland, and not to return within any of the same for three years. And they have to inform Gowrie that the King—suspecting that he had lately trafficked with some of his subjects in his displeasure—had therefore forborne to call him to this Convention. In which behalf—and chiefly touching the raid at Ruthven, as they term it—these commissioners have direction to confer with Gowrie to receive his answer. It has been bruited, and is, perhaps, come to Gowrie's understanding that he should also have been charged to ward with some others suspected to depend on him. Upon which bruit the Justice Clerk suddenly departed and resorted to Gowrie. But whether his departure was with the King's privity or upon other occasion, he does not know.

It has been said that Angus, Gowrie, and some others have been together and had conference in these matters. And it is greatly noted that Cambuskenneth and Cleish have not resolutely received the King's clemency offered with the conditions proponed to them. With which matters the King and Council are not a little moved for the present; and it is looked that these commissioners thus employed and sent to Angus and Gowrie shall either persuade and draw them to ready obedience, or otherwise that the King will proceed in very sharp sort against them. Berwick. Signed: Robert Bowes.

1²/3 pp. Addressed. Indorsed.

715. Alexander Hay to Lady Lochleven. [Dec. 12.]

Received the obligation subscribed by her husband and his cautioners, and delivered a letter to relax him from the horn. Is sorry not to have met her before the raid. Mr. David Lindsay willed him to send her this letter of his with the other writings that she might send them to Berwick, to the Abbot of Cambuskenneth and the Laird of Clyshe, "quhairthrow they maye yet do for thame selfes to eschewe utter wracke, gyf they be not induceit in the contraire." Loves them so far as with duty he may, but they have been so slow to accept the condition offered—the time given to travail with them being now expired—and misliked so much the diligence of some who in good faith meant well toward their relief and safety, that he wots not what to say. Thought this condition better than any "outgaite" that, apparently, they shall find otherwise. Mislikes some things in their writings last sent here. "Specyallie that they will offer tham selvis to the lawes, sen his highness was crowned, thair evill willers beinge removed. Mervelinge of the purchesinge of remission sen they never knew cryme laid to thair chardge, and that thair escheates beinge the pane of their presente disobedience ar taken upp, requirand ministers to be thair causioners, quhair all men saw their was no defaulte of frendes, gyf yt had pleased thame to chardge, and that thay themselfes had bene wellwillit." Remission was "sought" to none but such as "behuiffit to have thame," seeing the attempt at Ruthven is declared to be a crime, "and so was yt ay in the Kinge thought."

Sends herewith again the obligation subscribed by the Abbot of Cambuskenneth and the Lairds of Cleish and Pettmillie, which they, the four "comoners," should have subscribed as their cautioners. Sends again the two obligations which they were desired to subscribe, and are already subscribed by some of their friends, in order that they might yet subscribe the same for the relief of their friends who have already subscribed, if they please. To such as have subscribed they may write thanks for their kindness offered, and to such as have not subscribed "effectius" request to subscribe, with promise of relief.

If the Laird of Clysh thinks that he will not have the Laird of Pittadro or others who have already subscribed for them, [let him] put in others whom he can find in his heart to charge, and who he thinks will not refuse his request. To that effect he has sent the obligations "written over blanke." If they conclude to proceed this way, thinks there is no danger in their sending their own servants to haste the subscription of the obligations by their sureties, and to receive their relaxations, licenses, and such things further toward their remissions or escheats as they and their friends shall think necessary to crave.

Since her husband intends to take ship there, he thinks they shall not do well "to slipp the occasion of sicke coompany." There is no danger of "evill water" in the isle of Walcar now in winter. Trusts they shall, upon suit, obtain letter of commendations to all Princes and magistrates in the parts where they shall happen to arrive, and a supplication for a conduct to the Queen of England, if need be, in case they be driven by storm to land there. For the furtherance whereof men will show their goodwill when they shall find men ready and willing to accept the condition offered for their safety. Has also sent the form of the remission passed for Mr. John Colvile, the like whereof he trusts "be subscrivit and liand in Sir Robert Mailvilles handes for my lord of Cambuskenneth." If her husband and the Laird of Cleish please to take remission, he would have them [do so] for the foreknowledge of the attempt at Ruthven, and for all crimes generally. Some "cast perill" that the taking of the remissions may be dangerous, the crime, they think, being so high that it cannot be remitted, and that remissions passed in Princes' minority are subject to revocation, and that by taking of remission "a man makes his awne dittay." Is of contrary opinion in all these points. Thinks assuredly the King may give remission "for quhatsumever cryme thaire can be na sic practike weill provin, as that remissions geven in the mynority of Princes wer revocable." The taking of a remission will never prove a man to have been culpable of such a crime; but the using of a remission for his defence makes him confess the crime. That which may touch many, or whereof the "comparative" may be dangerous, will be forborne even by adversaries, for the "comparatives" cause, although they like not the persons. If these men accept [it is] best for them to use diligence in hasting back their answer direct to Mr. David Lindsay, who truly has never spared pains to do that which was likeliest for their relief and safety.

Puts her in remembrance of the small comfort that his master the Earl of Murray got in England when he passed there after the Queen's marriage with the King's father; the malice borne against her husband, Cleish, and all belonging to them for delivery of the Earl of Northumberland, although the Queen of England and her Council allowed the deed, "because yt made for them," [but] the whole nation in effect abhors it and all who were authors and instruments of it; the "dispite" used against Pitmillie in taking his horses from him, [which] give proof in how dangerous case the Laird of Cleish stands in the place where he now remains.

Mr. John [Colvile] is esteemed a great stirrer up of his brother's wilfulness. It is very impertinent to offer their purgation and trial of their innocency as the world stands.

"It will be as difficile to agre on the condicions as yt wes how themperour and the French Kinge suld feight, or as the Pope and the Protestantes suld agree in matters of religion, the pope beinge president of the generall counsell."

Besides, has heard that it could not be denied but that Mr. John [Colvile] spoke with the Abbot of Arbroath in France, asked him forgiveness, and promised to travail in his affairs, had dealing and intelligence with his wife here for that effect, and with Lord Claud [Hamilton] in England. The accepting of the conditions had not been evil for the first [place]. The murder of the King's father and two Regents is not so grievous at present as the causing of the Duke of Lennox to depart out of Scotland against his will, and those who were authors thereof must pass out of Scotland against their will. If they take this course patiently, thanking God for His visitation, He is able enough to relieve. Time will make things more tolerable than they appear at first. "New occasions ganis thauld be forgett." Begs her to excuse his "homlynes" and plainness, which proceed from no evil mind to any man living, but from the desire to see the Laird of Cleish relieved of that heavy burden. Sees the Abbot of Cambuskenneth would be content to enter into ward, and so Cleish to be left alone. Edinburgh.

Postscript.—Would have opened his mind to her with regard to Mr. [John] Colvile in case they had met, but apparently he is "sett" not to accept decrees, and stands on his justification and trial, which will not be yielded to. Trows he will not hazard what the King and his present Council can be content to grant, but thinks it would be no pleasure to him to see his friends the worse handled for his cause. The laird, his brother and he may be assured that whatsoever inconvenience falls betwixt England and Scotland, they will be esteemed the instruments of it. and—besides the King's displeasure —fall into disgrace and hatred of the people.

2½ pp. Copy in the hand of Bowes' clerk. Indorsed: "The copie of the lettre to the Ladie Loughleven."

Cott. Calig. C. VII., fol. 346, b.

Another copy of the same.

716. [Walsingham] to Robert Bowes. [Dec. 13.]

I acquainted her majesty with the contents of your letters, and thereupon took occasion to move her that you might be dispensed withal for the advertisements, but could not prevail to draw her assent thereto, and therefore think that you shall do well to send me a note both of what you have already laid out for that service and of the certain charges you think the continuance thereof will yearly amount to. Whereupon I will not fail to deal earnestly with her majesty that you may either have a warrant dormant for the allowance of the same, or else be eased of that charge. And in the meanwhile, till her majesty grows to some certain resolution therein, you shall do well to spare your further charges and expenses in procuring the said intelligence.

Touching "70," I can yet draw no resolution from her majesty in the matter either one way or the other, and find her so coldly affected in that cause that I am discouraged myself to proceed any further in it, and cannot but advise you also to do the like, and I will in like manner do what I can to rid you of the trouble and charges of intelligence. St. James's.

½ p. Copy. Indorsed.

717. Instructions for Monsieur de Mauvissière. [Dec. 17.]

The Sieur de Mauvissière, chevalier de l'ordre du Roy, ordinary gentleman of his chamber, ambassador in England, having full knowledge and intelligence of the affairs of Scotland as well as those of his charge in England, on account of the affinity, combination, and band which is between them, his majesty has considered, as much for this consideration as because he is already maintained on the spot, that he could not send anyone on his part to Scotland more proper for the reconciliation of the King and the lords, whom he has heard with very great regret to be divided amongst themselves, than the said Sieur de Mauvissière. Furthermore, his majesty assures himself that he will be agreeable to the Queen of England, to the Queen and King of Scotland, and to the said lords of the country, which would greatly aid and facilitate his negotiation and make the affair succeed. Therefore his said majesty having no less care and solicitude for the weal of the affairs of Scotland than for his own, on account of the ancient amity, nearness, and straight alliances which have ever been and are between France and Scotland, his intention is, according to the laudable custom of his ancestors, and like as he has heretofore done on like occasions by intervening and employing himself to compose what might be bad understanding and difference between the King of Scotland and some of his lords, a work so agreeable to God, laudable and honourable to his majesty, and very useful for the King of Scotland, his country, and subjects,—gives the charge to the said Sieur de Mauvissière to do all good offices in the name and on the behalf of his majesty.

For this effect he will propose to the Queen of England his journey to Scotland. And if she wishes to send Walsingham or another on her part there for the same end, his majesty is well contented that they go in company, and join themselves to do mutually what shall be necessary for appeasing the divisions and troubles, and to put all things again in good and peaceable state for Scotland to the contentment of everyone.

In going to Scotland the Sieur de Mauvissière could, with the leave of the Queen of England, see and visit the Queen of Scotland to offer to her in his said majesty's name to do what shall be possible for him to effect her liberty, according to what has been heretofore treated with the Queen of England, her councillors, and ministers. And, indeed, the Sieur de Mauvissière shall spare nothing of what he has of good advice and counsel, with the prudence that is requisite not to give any evil suspicion and jealousy to the Queen of England, to whom he shall make known with how much sincerity, freedom, and openness of heart his majesty thinks of this affair.

After the Sieur de Mauvissière shall pass to the King of Scotland, to whom he shall present the letters of credence which his majesty and the Queen his mother write to him, with their cordial and affectionate commendations, and having related to him the regret and displeasure which they have received on the intelligence which they have had of the divisions and which are in his realm, on account of the said considerations of the ancient amity and alliance of these two crowns, and for the particular affection which they bear to him —he shall make known his charge to him; which is to employ himself in the name of his majesty all that shall be possible for him to appease the said divisions and to reconcile the King of Scotland and the lords of his realm, offering him, as much as lies in him, to achieve it, considering the evil ruin and desolations that might happen if the said divisions should proceed further.

The Sieur de Mauvissière shall also see the lords of Scotland, as well those who are well affected to their Prince as any who are against him, to each of whom he shall present the letters of credence which his majesty writes to them, exhorting the former to continue in the good and natural affection which they bear to their natural Prince, and the others to submit themselves to what is their duty and obedience, for which they are divinely and humanly bound towards their sovereign, appointing and persuading them to conform themselves to all reasonable conditions which shall be proposed to them.

This done the Sieur de Mauvissière shall advise better and more pleasing and gracious means and expedients to compound the divisions, shall make overture to the King of Scots and to the lords, and shall do so that everyone condescends to what shall be reasonable to cause all occasion of trouble and burning to cease.

By like means the said sieur shall make all good demonstrations and testimonies of his majesty's inward and particular friendship towards the King of Scots, assuring him that he has not a more certain, true, entire, and assured friend and neighbour than his majesty, who will always be ready to embrace and do all that he shall know to be for the weal, advantage, and prosperity of the King of Scots' affairs, adding thereto all other good and honest words and offers which could have force to conserve and retain the King himself and his subjects in the friendship and alliance of his majesty, on whom he ought to depend more than any Prince in Christendom, according to the example of his ancestors who had many times experienced the favours, succours, and assistance of the crown of France.

In like manner the Sieur de Mauvissière shall act towards the lords of Scotland to draw them into and keep them in his majesty's friendship and that of this crown, for the same considerations and others which, according to their humours and passions, the Sieur de Mauvissière shall show to them.

If the deliverance of the Queen of Scots is treated of, the Sieur de Mauvissière shall maintain it, and shall do all that shall be possible for him to cause that negotiation to take the good way and issue which their majesties desire, taking care to behave himself in this matter that all that he shall do therein may be well received by the Queen of England and her Councillors and ministers, insomuch that by his means her majesty, receiving it contentedly, by his intervention the Queen of Scotland may be able to recover her liberty. Finally, the sieur shall do all that a good, wise, worthy, and experienced ambassador can and ought to do according to the trust and assurance that his majesty has in him. St. Germain-en-Laye.

3 pp. French. Copy. Indorsed.

Cott. Calig. C. VII., fol. 351.

Copy of the same.

718. Robert Bowes to Walsingham. [Dec. 23.]

Is given to understand that Rothes and the other three commissioners sent to Angus have put him in comfort that the place of his ward prescribed shall be soon changed after he shall once show his obedience and enter into the ward appointed, as he has agreed to promise them, and to write to the King that he will enter into ward as the King hath commanded. And thereon he is gone to Dundee to yield himself to the ward limited. Whereupon Rothes and the other commissioners are returned to the Court and have declared to the King that Angus has promised to obey him in all things, and also that he prays leave to depart out of the realm with the King's favour. Which request is granted, with condition that he shall first perform his promise. The Laird of Lochleven and the others in the like case prepare themselves to obey and depart, according to the orders given and appointed to them. Whereupon the Court is drawn to great contentment and settling in quietness, thinking all dangers to be now past after that these persons suspected shall be once put out of the realm. For the execution whereof great pains and travail are taken. Upon the sight of this quietness likely to ensue—or for other causes—Huntly and Crawford are purposed to retire to their own houses. Which sudden purpose puts no little fear in the hearts of Angus's friends, who think that after Huntly shall have Angus in his hands and at his will, some hard measure shall be offered to Angus, and shortly after to others of like affections. By storm and contrary wind Mar is driven back into Argyll. And albeit by his own letters and hand he has signified the same, and his letters have been brought to the King, yet the King and Court are not thoroughly satisfied therein, suspecting that some great enterprise for the alteration of the State is intended.

Marishal has arrived at the Court and is well entertained by the King. John Durie, minister in Edinburgh, was charged to have approved the act at Ruthven in his sermon, to have called the present courtiers "stertupes," and to have bewailed the evil recompense showed for the fidelity found in the house of Mar that with great peril took forth and kept the King out of the hands of the murderers of his father. It was verily looked—and some say it was agreed— that he should have been warded and after removed out of Edinburgh. But his answers have delivered him for this time.

Whereas in the late Act of this last Convention made for the condemnation of the act at Ruthven the names of sundry noblemen are subscribed thereto as freely consenting to the same, it is now said that Bothwell and the boroughs refuse to subscribe to it, and that the boroughs will not consent to the breaking of the former Act made for the approbation of the raid at Ruthven. It was likewise signified to him that Rothes has taken an "instrement" that the Act passed in the last Convention is against his will and consent, and that the Bishop of Orkney, with tears, should in this behalf have bewailed the inconstancy of this estate, which turns to their infamy among all nations. Durham. Signed: Robert Bowes.

1¼ pp. Addressed. Indorsed.

719. Despatch by James VI. to Hunsdon. [Dec. 26.] Cott. Calig. C. VII., fol. 353.

"The substance of the King of Scottes dispatch to my L. of Hunsdon."

The King desires my Lord of Hunsdon to persuade her majesty not to think so hardly of him as it seems she does by her speeches delivered to the Archbishop of St. Andrews, charging him with inconstancy. [In the margin:—"Cuthbert Armorer to the Lord Hunsdon,"] etc. The King penned with his own hand the letters sent with this despatch. Arran desires to have straighter intelligence with my lord. Seton has in charge to desire the French King that the Scottish guard may be commanded not to deal in any matter touching the State of Scotland without special commission from their King. Arran is of opinion that Seton will practise all he can the overthrow of religion and annoyance of her majesty. Holt the Jesuit, Brereton, and two other Englishmen passed over in his company. Arran could be content to work at the staying of him in England, and to persuade the King to do the like, by reason of his having the said Englishmen in his company. Colonel Stewart travails with Arran and the rest about the King to depend on the French; wherein he has prevailed with Huntly only.

To go forwards still in the begun course, and to persuade her majesty to forbear the slandering of him with the vices of inconstancy and ingratitude, for that, as he told her majesty's Secretary, the opinion and conceit of such faults to be in him now in his first rising may be of great prejudice and dangerous consequence to him, otherwise he shall be forced to justify his actions and proceedings, which may breed heat of contention to the breach of the amity, referring the answer of my lord's despatch to Arran's letters. [In the margin: —"The King to my Lord of Hunsdon, Decem. 25."] That my lord need not doubt that any about the King shall ever be able to stay the begun course. [In the margin:—"Arran to my Lord of Hunsdon, Decem. 25."] The King is sorry that his lordship is stayed passing to Berwick, and desires his coming either into Scotland, or at least to Berwick. Sends the copies of the proceedings against enterprisers at Ruthven. That by the same copies it shall appear how the King has taken a mild course with his subjects, whereunto he is advised by her majesty. That the King thanks her majesty for the offer of her assistance to breed him safety, through the means and help whereof he hopes to settle himself therein shortly. The King has heard nothing that her majesty should have a purpose to unite the Hamiltons and Douglases together but by their own friends. The request for the Hamiltons that they may enjoy their livings is answered in the resolution delivered to the heads propounded by Colonel Stewart and Colvile. By the said copies it may appear how untrue it is that the lands and livings of the enterprisers have any way been touched. That none of the King's subjects have been severally dealt withal in respect of their being good instruments to maintain the mutual amity, or of that devotion towards her majesty. That the King may have a passport for nine or ten horses from hence.

"Notes of misbehaviour of the King's undutifull subjects indangering his estate subscribed with the King's owne hand."

(1) That some of the enterprisers who were principal had subscribed a former band made to the King's majesty in general, and betwixt the noblemen, subscribers, in particular, which has since been broken by the said parties.

(2) That young Whittingham, one of their friends, brought to the Court one who was culpable of the King's father's death, and by his letter written to David Collace "bewrayed" a secret purpose to alter the King's guard and appoint a new captain of the same, whose lieutenant he desired to be—a matter afterwards confessed by Whittingham upon examination. Which thing the King interprets to some ill meaning to him in the enterprisers.

(3) That Mar and Gowrie have confessed to the King that the principal cause that moved them to the enterprise was the respect of their own particular safety, having devised other pretences to make their party the stronger.

(4) That one of the said enterprisers confessed that they had a meaning to bring home the Hamiltons.

(5) That one of the principal of them persuaded earnestly with an earl of the King's Council to deal for the bringing home of Hamiltons.

(6) That one of the principal of them has confessed to the King that they had a meaning to have taken a hard course with his own person if he had not stayed when he was apprehended by them. And that it was agreed among them that if the Duke did not pass speedily away they would, in regard of their own private safety, hazard their King's own life and person.

The copy of the band mentioned in the first article, whereunto some of the enterprisers have subscribed, made to the King in general, and between the subscribers in particular, tending to the maintenance of religion, the course of justice, the defence of the King's estate and person, and mutual upholding of themselves.

The copy of young Whittingham's letter mentioned in the second article, which verifies the same.

The copy of the King's proclamation of the 24th of October, 1583, signifying his clemency not to seek the lands, lives or goods of the persons rebels for not entering into ward, their offering obedience between that time and the 1st of December.

The copy of the King's permission granted to certain persons to intercommune with the persons inobedient, and to intercede for them, dated the 13th of November, to endure till the 1st of December.

The copy of the King's declaration that the persons inobedient entering into ward or departing the realm shall enjoy their lands, living, and goods in their absence, dated 26th of November.

The copy of the renewing of the former permission till the 10th of December, which was again renewed till the 20th of the same.

The copy of the relaxation from the horn till the 10th of December, granted to Cambuskennith, Paisley, Lochleven, Colvile, and others.

The copy of another absolute relaxation granted to the persons aforesaid, in case they accept in time the King's clemency offered, dated the 2nd of December.

The copy of the declaration subscribed by the King and the lords, and the States of the realm, condemning the action at Ruthven and threatening punishment to those who shall not submit, dated 7 December, 1583.

3⅓ pp. Copy.

720. [Walsingham] to Robert Bowes. [Dec. 28.]

Your man Allen has put me in mind of the 100l. desired to be bestowed upon the party known to you, but I find such unwillingness here to disburse any money, and her majesty so coldly disposed to have any further dealings with that country's causes, that I do not mean to trouble her with the matter.

For the intelligences, I will make her majesty acquainted with the charges thereof. Whereupon, if it shall not please her to sign a warrant presently for the allowance of the same, I will procure [that] you may receive direction for your discharges of that burden.

½ p. Copy in Walsingham's hand. Indorsed.

721. Robert Bowes to Walsingham. [Dec. 29.]

At the last Convention at Edinburgh an Act was made to condemn the late action at Ruthven, and order was taken as well for the alteration of the coin for the King's benefit and for payment of his debts, as also to authorise the young Duke of Lennox to sit at the King's table, and how himself and his possessions should be governed. At the end of the said Convention all the lords, except Montrose and the ordinary courtiers, returned to their own houses. And whereas Huntly and Crawford were purposed to have retired to their countries, they are now stayed at Court by the King's especial direction.

In the time of this late and general fast it has been found that sundry very contemptuously have made great banquets, and amongst others one of Huntly's servants was seen in the streets in Edinburgh eating a loaf of bread and offering it to others with great derision of the fast. Whereupon the Provost committed him to prison; but the King, by his letters, commanded with an extraordinary form and charge, that he should be immediately delivered, to the great offence of the magistrates and church in Edinburgh. Soon after John Dury, minister in Edinburgh, was called before the King and Council and charged to have offended against the Act enacted by the late Convention against such as should allow or maintain the act at Ruthven. He was warned that if he should stand against the King and Council in the matter, his head should be set on the port, to the shame of the ministry. By fear of which he relented more than was looked for at his hands, agreeing to obey the Act and to publish in the pulpit his consent to the same. But when he was in the pulpit he acknowledged his fear and weakness showed before the King and Council upon his sudden accusation, and therewith he affirmed that forasmuch as the Act of Convention is a matter politic and civil, therefore he would not allow nor condemn the same, but boldly declared that good effects followed the action at Ruthven. He is now committed to ward beyond the north water.

Mr. Alexander Arbuthnot and Mr. Thomas Smeton, two of the learned in Scotland, died lately, and Mr. Andrew Hay is sick and in peril of life. The rest of the ministry think this to be the beginning of the persecution of the Church to follow shortly, yet the King by very solemn protestations avows to maintain the religion and the professors. But the case stands so with them that no great credit is given to this kind of assurance.

The Laird of Dunne, father of the religious and well affected in Scotland, has written earnestly to the King to persuade him to stay his violent course, and chiefly against the Church, concluding that otherwise he will be the last of his name that shall reign in that realm.

Angus has entered into ward upon the King's promise that for his obedience he shall shortly be delivered and restored to his possessions. For which purpose the King pretends to intend to hold his Parliament in convenient time. Whereupon, and by the comfort of the means to be made for him by Sir Robert Melville and Colonel Stewart, Angus is put in good hope to obtain his peace with the King's favour and to his own desire.

Mar has remained these twenty days attending for the wind to pass to Ireland, and is resolved to depart with the first favourable weather. He is in little comfort to find any favour; for it is manifest that the King is determined to be very severe to all those who were the authors or cause of Lennox's departure out of Scotland. In which part no little offence is conceived against himself.

Argyll has travailed to reconcile Crawford and the Master of Glamis, seeking the King's licence for Glamis's return for this purpose. Crawford hearkens willingly to this motion, agreeing that Glamis should have leave to return. But Arran has stayed the grant of the King's licence, and also is displeased that Argyll and Crawford should deal in this matter without his privity. By this and other like quarrels some dryness has sprung betwixt Arran and Argyll and Crawford, and it is seen that no little discord and malice presently reign in Court, and such strange form of government that most wise men think that this estate cannot long endure.

Argyll wastes so fast in his body that it is looked that he cannot long live. His office of Chancellor is to succeed to Arran, but some strife will fall in Court for his other offices.

Gowrie has answered by Rothes and the other commissioners that he will in all things obey the King's pleasure. Whereupon his remission is sent to him in such form and with such conditions that he likes not very well. Yet the King continues his fair speech to him, whereby he is in hope to pass over this storm.

The King has given twenty days respite to Lochleven and others for their departure out of England, Ireland, and Scotland. They prepare themselves for their journey, for they find that the King and Court will be rid of them. Seton was in readiness to have departed to France, but by evil accident after his banquet for his farewell he hurt his face by a fall, occasioning him thereby to stay yet some time. He is restrained by especial order and words in his instructions from dealing in any matter of the estate any further or otherwise than is expressly declared and given him in charge by his commission, except he shall be therein directed and commanded by the King's letters and warrant to be sent to him upon occasion offered.

This letter addressed to him [Walsingham] out of Scotland, being of old date, came very lately by sea to his hands; for his servant lately in Scotland was warned that Arran would give order to search him for letters, whereupon he sent all his letters by sea. Berwick. Signed: Robert Bowes.

2⅓ pp. Addressed. Indorsed.

722. Petition of Alexander Douglas to Walsingham. [Dec.]

"Scheweth and maketh humble sute unto zour honour, zour oratoure Alexander Douglas servitour to the noble and potent Lord Archebald Erll of Angus, and brother and heyre to umqle Johnne Douglas Scottish man. That quhair his said brother departing this mortall lyff fyve or sex zeris past in the cietie of Londoun, having to wyff Margret Purdoun and a sone which leveth in great debilitie and miserie for want of his fyve sences, and the humble suters said brother deing seyzed and possest of certane guidis and chattellis intromet with be sum personis dwelland in Ireland, the suter laitlie gaif in his supplicatioun and cleame in particular yairupoun befoir the Lord Deputy of Ireland for order taking in the mater as to the richt of ane brother and heyre doth appertene, and according to the use, laws and custum of hir hienes realme of England. Quha thairefter referrit the actioun to the consideratioun of the table in the moneth of May last. And now the humble suter proposing to pas to Ireland to follow furth the decisioun of the mater, maist humlie besecheth zour honour that be zour meanes he may have hir hienes lettrez accumpanyit with zour awin in his commendatioun direct to the said Lord Deputy, the Chancellar and uthers hir hienes officers before quhom the jugement of the actioun dependeth for expedite justice thairin, in sic gude termes as to zour wesdom sall seme maist expedient. And I sall pray for zour good estate in all honoure to continew."

[In Bowes' hand.] Your own letter to the effect above expressed will suffice.

²/3 p. Indorsed: "For Alex^r Douglas, 1583."

723. Robert Bowes to Walsingham. [Dec. 29.]

Upon knowledge of Mar's return to Argyll, Gowrie and others required him to stay six days before he should depart to Ireland, putting him in good hope that something should be attempted in that time for the amendment of matters, and thereupon Gowrie resorted to Rothes and others persuading them to this enterprise. But they rather agreed to join after the execution, than to be the executioners in the action. Whereupon Gowrie has fully given over the matter, purposing to depend on the King's promise and grace, and to seek the same by the means of Sir Robert Melville and Colonel Stewart, to whom he will use some liberality for their pains. Caprington has laboured to persuade him to think that Arran shall be reconciled to him; upon which hopes he now depends.

Has been informed that the King well knows that Angus had intended to have surprised him in the field or hunting, and that he has a taste also of other matters. Nevertheless, he and his Council dissemble their knowledge herein; reserving the dealing in the same to better time, and for the greater mischief to the parties suspected. After that Gowrie had seen this coldness in Rothes and others he signified the same to Mar, who had tarried for that purpose twenty days. But now he is also resolved to pass his way, so that the cause is presently fallen to the ground and wholly defeated without hope of speedy recovery, and all the parties scattered and gone, or going to other parts. Seeing their faintness he thought it not meet that the Queen of England should be at any fruitless charge with them or Scotland. The Church and well affected look for hasty persecution and alteration in religion. Has been informed that the courtiers have vaunted themselves to have overshot the other sort in their own English bow, and that their boasting in this manner—with the consideration of other causes in them [the English]—has much discouraged such as should have put their hands to the reformation. Is also advised that some in Court look for some change and effects to fall amongst those in England to their advantage.

How the King likes her majesty's words to the bishop of St. Andrews, and what he will do for her better satisfaction in all things, will appear by his own letters to be immediately sent to her. Berwick. Signed: Robert Bowes.

1½ pp. Holograph, also address. Indorsed.

724. [William Fouler] to [Walsingham]. [Dec.] Cott. Calig. C. VII., fol. 384.

I gather by this presumption that Farnyhurst is in town, for the young man who "showed" me of his coming was searching for French names in Lombard Street, which I knew very well were not for his own use, and hereupon I take occasion to think that they were for Farnyhurst. The which I verified to him. "No," said he, "for he is gone upon Thuirsday at night and lodged at the Anteloop in Southwark." But I do not give any credit thereto.

De La Mothe says he spoke with Gowrie and expostulated with him for that he brought [sic] the King was detained as prisoner in his house, and all the thing which he called treason was wrought by him. As for the fact, he could not deny but the cause was given to him by the Duke, who injuriously reproached him. But, said he, if all things might be put in oblivion he will show himself as friendly to the Duke—for it repented him of the things he had done—as he was an enemy to him before.

Bothwell says he is very well affectionate to us; and hereby I gather that if any alteration shall ensue, both Bothwell and Gowrie shall be chiefest changers.

As for Angus, said he, indeed, he is a proper nobleman, who has in particular received benefit of her majesty; but if he goes about to gratify her majesty with such a course as he has taken, he works his own destruction.

They were far overshot, and England also, to think two earls with some other penmen might govern the estate of Scotland, when their affairs during the King's minority are more governed by the spear than by the pen.

Mauvissière showed me your honour's letters and the Scottish Queen's writings. As touching Maineville's passport, this is but a finesse, for he is not minded to come away so shortly, nor yet, whensoever he comes, by this way.

As concerning the Scottish Queen's letters—this much. Besides many particulars expressing her long imprisonment and her grief of mind, she wonders that her majesty has no other care over her kinswoman than she has; and she marvels that the Scottish affairs should be concealed from her, as if it appertained not to her either to know of her son's welfare or his estate, she having so great interest therein. But she knows that all these things come not through her majesty's good "natural," and, as it were, tauntingly, says she is not her majesty's prisoner, but my Lord Treasurer's, whom she would pleasure by all good offices.

There be letters sent "beind caryed" by one Mosman, of whom your honour spoke to me at Windsor, and I suspect that this Mosman has letters of the Queen [of Scots'] besides those of La Mothe's. He is to go to Gravesend this night. His letters, peradventure, may be hidden under the ballast of the ship.

1½ pp. Holograph. Indorsed with the symbol of William Fouler

725. Losses of David Macgill by Piracies.

Item, in the first ane velvot bonet with ane band of boncle and perle extending in valour to me to . . . . xxx s.

Item, ane hatt of riche tafitie with ane fyne band, pryce of ye samin, xx s.

Item, ane bavier hatt of poill de castorie with ane perle band, pryce of ye samin, . . . . . . xxx s.

Item, ane jevell sewit upone the said bavier hatt of gold in forme of ane marmadine with thre perlis hinging at it and sett with twa rubeis and ane diamond, pryce of ye samin, . . iiij l.

Item, sex serk bandis wrocht with blalk silk of fyne lane and came, pryce of ye peice xx s.; suma of ye haill, . . vij l. x s.

[Dec.]

Item, sex vther plane bandis of fyne camerage and lane, pryce of ye peice x s.; summa of the haill, . . . . iij l.

Item, sex hand churches all wrocht partlie with silk and partlie with quhyt work, pryce of ye peice xx s.; suma . . vj l.

Item, to have gevin my sister and sister dochteris twa goldin quhavis, pryce of the peice xx s.; suma . . . . l s.

Item, thre wther quhavis of silk boncle and perle, pryce of the peice xiij s. iiij d.; summa . . . . . xl s.

Item, four pair of boncle and perle beidis with thair belt, chenzes and carcant, pryce of the pair xx s.; summa . . . iiij l.

Item, sex pair of musted gluffis all borderit, pryce of the pair vj s. viij d.; summa . . . . . xl s.

Item, ane dessoun of boncle ringis with gold within thame, pryce of ye peice ij s.; summa . . . . xxiiij s.

Item, ane blak satyne doublat dravin out upone riche taffitie with ane blak lais of silk upone it, and ane pair of blak velvot hois with ane blak lais of silk upone him, pryce of the stand, xviij lib.

Item, ane doublet maid in forme in cassak of fyne raissit velvot, the ground thairof being gray with slevis at the samin of fyne gray satene cuttit out upone taffitie by the fals slevis of velvot togidder with ane pair of breckis or hois of the samin velvot, pryce of the dublatt and hois, . . . xx lib.

Item, twa clokis the ane of Milland stuff callit haberloushe permentit with blak raisit velvot and ane blak lais about him, pryce viij l.

Item, ane vther clok of riche tafitie doublit with taffitie with ane fair lais, pryce of the samin, . . . . . vij l.

Item, twa pair of silk stockis to the said twa stand of clothis, the ane of gray and ye vther of blak silk, pryce of the pair 1 s.; summa v l.

Item, sex ellis of blak taffitie to be ane goun, price of the elne xviij s.; suma . . . . . . v l. viij s.

Item, ane dessoun pair of worssat stokinis to my self and my brother, pryce of the pair xiij s. iiij d.; summa . . viij l.

Item, twa pair of mullis with thair scarpingis, the ane of fyne blak velvot with ane pair of schois of blew marikyne, pryce of the samyne xxij s., and ane pair of marikine mullis with ane pair of marikine schuis, pryce thairof . . . . viij s.

Item, ane belt of blak velvot with the hinger thairof wrocht with blak silk, pryce of the samin is . . . . xxx s.

Item, ane half dessoun of sirches of Holland clayth with bandis at thame of camerie, pryce of the peice x s.; summa iij lib.

1¼ pp. In a Scottish hand. Indorsed by Bowes: "Pyracyes. David Mackgilles losses."

726. Redress desired by the Scottish Ambassadors [Dec.]

They desire that restitution be made to the heirs of James Lawson, of Hunby, deceased, of 1000 crowns of the sum paid by the said James in 1553 for the ransom of Richard Bowes, captain of Norham. who, being taken prisoner in the wars then between the countries, was ransomed at the sum abovesaid and set at liberty by means of this James Lawson, who became his pledge in respect of a bond made to him by the said Richard and Sir James Wilforde; which bond still remains in force.

Likewise restitution to the said heirs of 300l. sterling paid by them for the ransom of Edward Dudley taken in those wars and released upon this James Lawson's bond.

That the arrears of certain church livings in the Isle of Man due to the Commendator of Whithorn for three years past, and the yearly rent of them hereafter, may be duly answered to him, according to the indenture with the Earl of Derby.

That the heirs or executors of Sir William Drury, deceased, may be dealt withal for the repayment of 100l. sterling to Archibald Douglas, burgess of Edinburgh, who lent the same.

Piracies.

December 1582. David Hoppinghill, Henry Williamson, and Alexander Jameson coming from Bordeaux in a ship ladened with wines were spoiled near St. Helen's point by English captains called Vachen, Cultish, and Gollyer, and lost to the value of 505 marks sterling, the master of the ship, called Watson, being slain in the fight.

About the same time James Eintor, of Leith, was spoiled of 100 marks sterling near to Portland by one Captain Purser. In March 1582 two ships belonging to James Arnold, George Bruce, and Patrick Wilson, merchants of Edinburgh, were boarded near to Lowestoft [Lasto] by a ship of Captain Bellingham's, the captain of which was Chales, who took away one of the ships and the lading of them both, amounting in value to 440l.

2 May 1583. A ship called the Peter, of Dundee, ladened with salt was carried away with her whole lading by Captains Clinton and Vachen.

Agnes Cowty is also a suitor for the like done by the said Captain Clinton, Hancocke, and Adamson, who spoiled a ship of hers ladened with 1000 deal boards, 40 masts, 6 cast pieces, and 16 small pieces of ordnance, Whose case is also recommended by the King.

They crave that some consideration be showed to the parties interested, as also that some order may be taken by the Lords of her majesty's Council for the hearing of such depositions as concern certain piracies committed in 1577 and before.

1¼ pp. Indorsed: "Particular causes touching piracies and other maters recommended by the Sc[ottish] ambassadours."

727. Spoils Committed by the Scots in the Middle Marches. [1583.] Cott. Calig. B. VIII., fol. 309.

"A note of certaine spoiles committed by the Scotts in the Middle Marches."

20 March, 1579. John Ersden of Shibottle, Englishman. Complaint upon the Scots for the loss of four mares, whereof two were stolen 23 June.

10 July, 1581. George Gibson, widow Shepperd, and Hugh Pattison, of Shibottle. Complaint upon the Scots for killing a man with a "dagg," and stealing three mares.

6 Dec., 1581. William Hunter, of Thornehaugh in the forest of Roberbie, complains upon the young Laird of Everton, called Fresell, Robert Davison of Bernredg, Ralph Robson, William Hall of Middlenowes, John Hall of the "siks," John Hall of Kentes for six oxen, four kine, and one horse to the value of 20l.

29 Aug., 1582. Margaret Mawin, widow, of Papershaugh in the forest of Rothburie, complains upon John Borne of the Cott and James Borne his brother, with their accomplices, for eight oxen and two mares to the value of 18l.

31 Aug., 1583. Peter Hunter, of Waterheade in Tindall, complains upon Thomas Armstronge, Hector Armstronge, David Elwood, Robert Elwoode, Clement Crosser, and their accomplices for killing six persons, hurting four, carrying away sixteen prisoners, burning their houses, and carrying away eighty head of cattle, 320 head besides 30 horses and mares [sic].

14 Sept., 1583. John Browne of Shibottle complained upon the Scots for the loss of six oxen and two mares.

1577. John Bishman, of Shibottle, complains upon the Scots for the loss of six oxen and one mare.

June, 1582. Jennet Elmmilton, of Renmigton, widow, complains upon James Yonge and his accomplices for killing her brother and stealing four horses and mares.

18 Nov., 1582. Widow Foster and her son, of Horsley, complain upon the young Laird of Everton and his accomplices for 30 head of cattle and a horse.

Sept. Thomas Kichinson of the Grange complains upon John Barne and Mr. Yong and their followers for seven oxen and a mare.

30 Aug., 1583. Bartram Milborne, of the Keine, and Jenkin Hunter, of Waterhead in Tindall, complain upon William Armstrong, of Kinmouth, "Ecky" Armstrong, of the Gingles, Tho. Armstrong, of the Gingles, Tho. Armstrong, called "Andrewes Thomas," and their accomplices for 400 kine and oxen, 400 sheep and goats, 30 horses and mares, value 200l. killed, six persons hurt, eleven led away, thirty whom they keep, and burnt divers houses.

30 Aug., 1583. Michael Walles, of Stew ward Sherles in Ridsdall, complains upon Archibald Elwett, of the Hill, James Elwett his brother, young John Elwett, of the Park, and "Hob" Elwet, of the Park, with their accomplices for 400 kine and oxen, six horses and mares, and household stuff, value 41l. and slaying Roger Wales and John Wales.

30 Aug., 1583. William Fenwick, of Wallington, esquire, complains upon David Oliver, of Hindhauhead, the Laird of Ashtrees. Thomas Oliver, of Lustrother, William Oliver, of the Slakes, with their accomplices, for 24 kine and oxen, 16 horses and mares, slaying "Allon" Waules and taking 3l. 6s. 8d. and other goods from him to the value of 10l. and took sixteen prisoners.

30 Aug., 1583. Percivall Hall and John Hall, of Haueacres, complain upon John Elwet and "Hob" Elwet, of the Park, Archibald of the Hill, "Jocke" Elwet, called "Scottes Hobbe," Jock Eddiech [sic], with their accomplices for 100 kine and oxen, 100 horses and mares, household stuff value 60l., slaying five [people] and hurting divers others.

30 Aug., 1581. Thomas Swinborne, of Saptherto, esquire, complains upon "Simme" Armstrong, of Whithaugh, and his two brethren with their accomplices for the loss of eighty kine and oxen.

2 pp. In the hand of Burghley's clerk.

728. Mr. Archibald Douglas to Walsingham. [March 7.][1581–2.] Cott. Calig. C. VII., fol. 156.

The "frawardnes" of this time that has reduced me to this present estate has also constrained me to take the boldness by this letter to declare some part of my grief, to the end that by your good means, as having best access to your sovereign by reason of your honour's office, the same may be opened to her majesty, whose clemency, I doubt not, will consider how far she may be interested thereby.

The late accidents fallen out in the realm of Scotland being to your honour understood, you may thereby know how the Earl of Morton and I are charged with the heinous and abominable conspiring and executing the murder of King Henry, of good memory, father to our sovereign now King of Scotland. I need not trouble your honour in writing the form and manner of the accusation, because by others you will understand it. But this far I dare affirm, that the very authors of the accusation and the very accusers themselves in their conscience know both his lordship's innocency and mine in that matter, as they know themselves to be living; which might be confirmed by many arguments, and specially known by this, that there are nine persons who were executors of that abominable fact put to death by order of justice after rigorous examination had before the said earl, late Regent, and ordinary justice of Scotland, whose depositions are all extant and "in plaice." If in any of the "saidis" [depositions] either the Earl of Morton's name or mine be named as "knawarris or doarris" of that unworthy fact, I am content to accept the whole crime on me, this argument "collected" with the painful trouble, not without hazard of life and gear that the earl and I have sustained in the King's majesty's tender age for preservation of his most noble person, and punishing of those who were supposed doers or suspected partakers, or who allowed of that abominable fact, [which] may sufficiently infer both our innocence and the present malice of such as now would give counsel to his majesty to take a course far different from his weal and surety.

Since it is now to all men known that this untrue accusation was devised to form for a cloak to other their pretended intentions, I must declare wherefrom this has proceeded, and whereunto it "trendit." The ground thereof is a "precogitat" malice conceived by the Earl of Lennox against the Earl Morton, whereof the said earl was advertised by a friend, who showed him in this manner, that the Earl of Lennox was informed that he should have moved the Queen to anger against him, that he should have stirred up the ministers against him, and that he had raised up and laboured a number of the Council and a faction of the nobility all to conjoin together and to say to the King that it was not convenient for his majesty to make equality betwixt the Queen's majesty of England's favour and the Earl of Lennox's company, but rather that he should abandon the one to get the other. In all these doings I was burdened as a thief and "kawellar." To prevent this last suspicion, untruly by them conceived, and to make haste to advance their other ill designs—as I suppose, known to her majesty—all this matter against the Earl of Morton and me was devised to have been put to execution as suddenly as they could, in this manner, that the Earl Morton should either [have] been executed without justice or apprehended in the Council, that armed men should be directed to apprehend me, and if I had made resistance, to have "cuttite me of." Therefore, that they might have formed a deposition of their own devising, as if I did it to cause the same to accuse the Earl of Morton. From which cruelty it has pleased the Almighty God of his goodness to preserve me by escaping out of my own house, on the last of December, at midnight, because at that hour I was advertised forth of Edinburgh of the fury used against the Earl of Morton. Since my escaping, as is said, great diligence has been used to apprehend me, and by torment to draw forth some untruth that may accuse the Earl of Morton. For avoiding of such inconvenience I have retired myself to the Queen's majesty's town of Berwick, as a place wherein I believe myself to be in surety; wherefrom I may by writing crave of the King's majesty, my sovereign, that it may please him and his honourable Council to appoint any time and place in Scotland where in surety before any kind of council, justice or other judge whatsoever I may receive trial by the laws of Scotland or any other laws prescribed, torment only excepted, and that I may be under his highness's protection for any "quhisperit favour" alleged that I have borne to the realm of England, wherewith some think that I shall be charged. Upon these conditions I can be content that her majesty shall deliver me at any time they shall be obtained of my sovereign and his honourable Council.

Now, since her majesty may understand the peril wherein we are fallen, as the most part think, more from the favour we have borne to her majesty's service than for any crime we have committed, I can believe no otherwise but that her majesty, with the advice of her honourable Council, such good and seasonable remedy whereby both I and others, her majesty's friends in this realm, may be relieved and helped forth of trouble. If it may please her majesty that I may come to her to lament our present calamity and to seek help and succour for our relief, I shall not spare any travail with the small "faculte" that unfriends have left me, which before was sufficient enough, and so will be ready to do all the good offices that shall lie in my power in any service that shall be thought good by her majesty. In the meantime "that" I receive her majesty's answer I will by writing solicit every one of the Council of Scotland in particular that the King's majesty may be moved that I may have trial according to the laws of Scotland, like as I have already done in general by a writing directed to the Earl of Angus, the copy whereof I have delivered to her majesty's treasurer of the town of Berwick. Berwick. Signed: A. Douglas.

4½ pp. Holograph, also address. Indorsed: "7 March 1582. From Mr. Archibald Douglas."

729. Walsingham to Burghley. [Dec. 22. 1582.] Harl. MSS. 6993, fol. 31.

By the inclosed received yesterday from Mr. Bowes your lordship may perceive that the Duke of Lennox has no meaning to depart out of Scotland, being strengthened, as it should seem, with such a party as shall be able to maintain him there, but also to recover the possession of the King, if the well affected in that realm be not assisted from hence.

Mr. Bowes desires direction and advice, wherein her majesty defers to resolve until your lordship's return, which she supposes will be on Monday next. The Court. Signed: Fra. Walsyngham.

1 p. Holograph. Addressed. Indorsed (by Burghley's clerk).