James VI, January 1594

Calendar of State Papers, Scotland: Volume 11, 1593-1595.

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'James VI, January 1594', in Calendar of State Papers, Scotland: Volume 11, 1593-1595, ed. Annie I. Cameron( Edinburgh, 1936), British History Online https://prod.british-history.ac.uk/cal-state-papers/scotland/vol11/pp256-274 [accessed 21 November 2024].

'James VI, January 1594', in Calendar of State Papers, Scotland: Volume 11, 1593-1595. Edited by Annie I. Cameron( Edinburgh, 1936), British History Online, accessed November 21, 2024, https://prod.british-history.ac.uk/cal-state-papers/scotland/vol11/pp256-274.

"James VI, January 1594". Calendar of State Papers, Scotland: Volume 11, 1593-1595. Ed. Annie I. Cameron(Edinburgh, 1936), , British History Online. Web. 21 November 2024. https://prod.british-history.ac.uk/cal-state-papers/scotland/vol11/pp256-274.

In this section

James VI, January 1594

201. Catalogue of Noble-men. [1594.] (fn. 1) Cott. Calig., D.ii. fol. 160. Transcript in Harl. MS. 4648, p. 193.

Duke of Lennox, a Protestant.

Earls: Caithness, Protest., communicant, suspect; Sutherland, Protest., communicant—his wife a Papist; Orkney, Protest.; Huntley, Papist, excommunicate, rebel; Errol, Pap., excom., rebel; Buchan (Baiquhen), a child, brought up in the religion; Mar, Prot.; Marischall, Prot.; Crawford, Prot.; Montrose, Prot.; Gowrie, Prot.; Menteith, Prot.; Moray, Prot.; Athol, Prot.; Rothes, Prot.; Glencairn, Prot.; Eglinton, Prot.; Cassilis, Prot.; Bothwell, Prot., but some say he is suspected; Morton, Prot.; Angus, Papist; Saltoun, Prot., young; Forbes, Prot.; Lovat, Prot.; Glamis, Prot.; Gray, Prot., tempor.; Ogilvie, Prot.; Innermeath, Prot.; Oliphant, Prot., young; Drummond, Prot.; Lindsay, Prot.; Livingstone, suspect, yet communicant; Elphinstoun, Prot., yet suspect; Fleming, Prot.; Hamilton, Prot.; Boyd, Prot.; Semple, Prot.; Ochiltree, Prot.; Cathcart (Carcart), Prot.; Ross, Prot.; Maxwell, young; Herries, suspect, yet communicant; Somerville, Prot.; Home, com., suspect; Borthwick, Prot.; Sinclair, absent with Papists; Seton, Prot.

Barons: Cessford, Prot.; Buccleugh, Prot.; Johnston, Prot.; Drumlanrig, Prot.; Bumbie, Prot.; Craigie Wallace, Prot.; Garleis, Prot.; Lochinvar, Prot.; Bargany, Prot.; Blacquan, Prot.; Lochnorice, Prot.; Minto, Prot.; Cowdenknowes, Prot.; Wauchton, Prot.; Aiton, Prot.; Wedderburne, Prot.; Hutton Hall, Prot.; Manderston, Prot.; Bass, Prot.; Ormiston, Prot.; Edmiston, Prot.; Dalhousie, Prot.; Restalrig, Prot.; Merchiston, Prot.; Braid, Prot.; Corstorphine, Prot.; Black Barony, Prot.; Carmichael, Prot.; Drumelzeir, Prot.; Buchanan, Prot.; Pollok, Prot.; Largo, Prot.; Lundy, Prot.; Abbotshall, Prot.; Durie, Prot.; Torry, Prot.; Wemyss, Prot.; Balwearie, Prot.; Balmuto, Prot.; Tullibardine, Prot.; Glenurquhart, Prot.; Pitcur, Prot.; Kinnaird, Prot.; Bonyton, Prot.—elder; Bonyton, Papist, exc.—younger; Eggil, Prot.; Dudhope, Prot.; Sheriff of Moray, Prot.; Innes, Prot.; Cromarty, Prot.; M'Intosh, Prot.; Grant, Prot.; Findlater, Prot.; Buquhen, Prot.; Philorth, Prot.; Mackenzie, Prot.; Ballnagowan, Prot.

The chief courtiers at this present:

Lord Hume, captain of the King's guard; Sir John Maitland, Chancellor; Sir Thomas Lyon, Master of Glamis, Treasurer; Sir Robert Melville, Treasurer depute; Clerkington, younger, Secretary; Ormiston, Justice Clerk; Provost of Lincluden, Collector general; Prior of Blantyre; Sir George Hume; Thomas Erskine; Sir William Keith; Sir James Chisholm, Master of the Household, Papist, put from court.

Names of the chiefest known and professed Papists in Scotland:

Huntly; Auchindoun, now slain; Cluny; Newton; Lesmoir (Leschmore); Gight, younger; Aberzeldie; Drumbrek, Meldrum; Earl of Errol; the Goodman of Meginch, son to the Bailie of Errol; Esslemont; Earl of Angus; Duntroon, Ogilvie; Bonyton, younger; Pury Ogilvy, Papist . . . England, brother-in-law to Tho . . . (fn. 2) of the King's Chamber; Kinnaird; Endernitie; Master of Gray, once Papist, now suspect; Earl of Crawford, suspect; the Bailie of Errol; Balfour Ogilvie; Sir James Lindsay, brother to Crawford, gone for France; Balwearie, brother-in-law to Fintrie, lately executed; Lady Livingstone; Sir James Chisholm, Papist, excommunicated; Ladylands, fugitive, excom.; Sanquhar, fugitive; Mr. James Gordon, Jesuit; Countess of Sutherland, Huntly's father's sister; Archbishop of Glasgow; Bishop of Ross; Mr. John Hay, Jesuit; Mr. James Chene, Principal of the seminary of the Jesuits, of the house of Esslemont; Mr. James Tyrie; Mr. Thomas Tyrie, his brother's son; Mr. Walter Lindsay, brother to Eggil, in Spain; Mr. Robert Abercromby, Jesuit, of the house of Murthly; Mr. John Myreton, Jesuit, brother to the Laird of Cambo; Mr. David Law, son to a burgess of Kirkcaldy, newly made seminary priest; Mr. George Ker; Mr. Robert Bruce, brother to the Laird of Binning, Papist, practiser; Mr. Mark Ker, Jesuit; Mr. Alexander MacWhirry, Jesuit; Mr. Gilbert Brown, Abbot of New Abbey, Papist, excommunicate, fugitive; Mr. Paul Redik, brother to the Laird of Dabetie; Mr. William . . . (fn. 3) of the house of Ruthven in Angus, Jesuit and chief practiser.

7 pp. Faded. Edges of the page destroyed.

202. Elizabeth to James VI. [Jan. 4.] Vol. lii. p. 19.

We have learnt from our ambassador resident what order you have taken for the staying of any subjects of yours who usually frequent the company and actions of divers barbarous rebels in the northern provinces of our kingdom of Ireland, whither being drawn by such means as the Irish can afford them, for mere beggary they run after them in most of their rebellions. Whereof, although we take small regard for any harm they can do us (being daily extinguished or delivered to our mercy at our pleasure), yet should we have had a more sensible feeling of the matter if, by any toleration from you or any subjects of yours, the rabbles of such traitors should either have been comforted or increased, and therefore we are exceedingly pleased with your direction to the Earl of Argyll for the preventing of such inconvenience, in which our servant Bowes has faithfully "enlarged" your sincere and clear proceedings, for which we return you our kindest thanks. And now, since his letter in answer to that point, our servant Sir Robert Carey arrived here. For your satisfaction and at your request only, we sent him to you instead of his brother, although it was unfit he should have left a place of such importance in his father's absence. That you may see that we are, and mind to be forever, alike to you (with whom we have always proceeded plainly and trustfully), we have thought good to let you know what we expected before his going and how little we are satisfied since his homecoming. It was not unknown to us what the conclusion of your last Convention was, the act itself, appearing to us so strange (both in regard of the dangerous issue it promised to yourself, and also that it fell out "crosse" to all our former expectations), that we forthwith resolved to send an express ambassador to deal with you in all the particulars of the same. We doubt not he shall have arrived before this letter. Yet note that upon your first overture made to us of sending someone, to whom you promised to impart some matter of importance which you would deliver to such a selected messenger only, we were not ignorant that it "moughte" be a ready means to make all your good servants, who aimed at the single and sound preservation of the common amity, doubtful of us, that we haply (perceiving you surrounded with divers counsellors so notoriously detected in religion and foreign practice) would either relinquish wholly our mediation for them or else incline to you, because we found you still disposed to keep them in good estate, neither disgraced nor disabled by that act, but rather more likely to win, so far as to the suppression of all your good patriots, and thereby to "perill" your own kingly estate and dignity. If, then, these were our former "conceiptes," and these have been the best fruits of his journey, first, that the other party have made their benefit by delivering it generally abroad, that this gentleman was sent by us, and not sent for by you; secondly, that no new matter has been delivered to him but what we have often answered—as the causes of Bothwell; if also, when we looked for some speedy and weighty overture, our said servant was detained and his audience prolonged, with matters less serious; think, then, whether this course has given us cause of contentation, and whether we have not occasion to be confirmed in our former judgment, that some about you meant it rather for a scorn or disguising than for any sound purpose of proceeding For the matter of Bothwell, on which you insist, he has not been harboured by our permission, but his receivers have been punished, and therefore if the borderers (who have received many favours, or rather redress, in their outrages) have "requitted" it now to him (upon the view also of your own free pardon, which he had to show them), when we held him a man utterly disgraced and ruined, this may no more be imputed to us, being committed in so remote places (the condition of the people here being considered when once it comes to feuds or friendships), than many other things can be imputed to you, even done within your own Court or chamber.

As for our servant Bowes, whom you so much mislike, surely, seeing he groans under the burden of his desire to preserve the public peace, and that particularly he "affecteth" your person (which you may please to remember when he warned you of Bothwell's purpose to surprise you on the water), before we shall have him charged with some particular offence (for which he shall be forthcoming to yield you reason) we cannot believe otherwise than that it is only by the enemies of God's cause and your own peace that you are "distasted" with the manner of his service, not having heard his answer, which is the true way to clear all accusations. We have commanded Lord Zouche to be a witness, upon your charging him, whether he has neglected his duty towards you or cannot purge himself of having done nothing but by warrant, and when we shall understand this we can best give you satisfaction.

Whereas you desire that we will not believe without grounds any ill reports of you, we assure you that no device or finesse can divert us from caring for you, except in things so palpable that we cannot seem to doubt, without touch to our own providence, which is so necessary a quality for all kings, who are bodies politic, and in whom so many thousands have interest. If, therefore, we shall know any thing of such nature at any time, you must pardon us for providing for our defence, seeing that truest charity begins at first from itself; and be you assured that you can neither treat, "condition" nor hearken to any practice with kings or potentates but we shall one way or other understand it. Persuade yourself that what has been or is determined, be it much or little, contrived by many or few, we are not so ignorant of it as to be found hereafter either deluded or unprovided. Hampton Court.

4 pp. Copy in the hand of Burghley's clerk. At the head: "A Mynute of her Majesties letter to the King of Scotts in aunsweare of the memorial brought by Sir Ro. Careye."

203. Robert Bowes to Burghley. [Jan. 4.]

By my letter of 28th December, brought to Lord Zouche at Durham, I informed him of the King's removal to Stirling [etc., as in No. 190]. Therefore he has changed his resolution to have been at Berwick on the 1st of this month, and now appointed to be here on the 8th, against which time all things shall be here ready for his lordship.

His coming makes here sundry effects, for the excommunicated Earls have not showed themselves at Stirling, as was expected; and forasmuch as they have not accepted the benefit of the act of Abolition within the time limited, therefore it is resolved that as well the act of Abolition as also the proclamation (authorising all persons to receive and entertain them notwithstanding the excommunication) shall be abolished, and that the proclamation for the same shall be published in Edinburgh on the 7th. I enclose the copy of this proclamation. Albeit the wise and well affected grant this to be a good entry to wished reformation, yet unless they shall see the same accompanied with indelate and open action for the punishment of the offenders, they will still suspect this to be practised to win time for their compassing of evil practices and to draw this Convention more willingly to grant a round taxation; and therefore advice is given that in Convention the King and Council be moved to proceed against the Earls and Papists with speed and plainness, so that they shall timely embark themselves in the action, or else plainly discover their meaning to depend on foreign courses and forces, to which side the Court is thought to be over much addicted.

Huntly has procured some indiscreet [members] of the Presbytery of Bagynoch, near Strathbogy, and depending on him, both to commend to the Presbytery in Edinburgh his present good disposition towards the Kirk, and also to desire that he may be received, with respite to be given until April next, and to be employed for the advancement of the affairs of the Kirk in those parts, in regard that he is now willing to further the causes of religion and support the ministers, who without his aid cannot serve in those places. This letter and commendation is not well allowed by the ministers here, yet of the advice given to Huntly and the others to take this remedy against their subscriptions to the religion and other like causes I have advertised you by my letter of 22nd December.

I am informed likewise that Angus intends to procure like redress by the favour of some lewd ministers under him in Douglasdale, and that Angus and Huntly, after Hume's example, will subscribe to the articles of religion, rather to satisfy the King than the Kirk, but that Errol will not as yet agree to subscribe, and Angus has made offer to some of the ministers here that his submission may be received; all which things are still suspected to be full of dissimulation and deceit. It is told me that, with the King's privity, Mr. John Nisbet shall be addressed to Mr. Archibald Douglas to travail in favour of these Earls and against the ministers in Scotland. Edinburgh. Signed: Robert Bowes.

Enclosure with the same.

(Proclamation by James VI. against Angus, Huntly, Erroll and others.)

Printed in Acts of Parliament, iv. pp. 52–53.

Forasmuch as William Earl of Angus, George Earl of Huntly, Francis Earl of Errol, Sir Patrick Gordon of Auchindoun and Sir James Chisholme of Cromlix, (fn. 4) "beinge speciallie declarit" troublers of the state of religion and practisers with strangers, were called to their trial, and having "disdainded and refusit" to accept the benefit of the act of Abolition, his Majesty with advice of his Council and Estates declares that they have "amitted and tint" all benefit and favour granted to them by the same edict, and that they "salbe accusable be lawe" for the causes and crimes contained in the summons raised against them "as gif the saide Abolition had never beyne made or graunted." [ ] 1593.

1 p. Broadsheet. Copy in the hand of Bowes's clerk.

204. Advices from Mr. John Cowie. [Jan. 4.]

There are two Scots brethren, gentlemen of the name of Kymmenis, northland men, who have been great dealers in Spain, and of late have been in Dunkirk. They frequent Calais in France, and send their letters through England to the Earl of Huntly, whose servitors they are.

Sundry packets of letters have come from the Court of England to certain English Papists in Calais and by them [were] conveyed to Dunkirk.

Eight sundry packets have come from Spain for the assurance of the arriving of the Spanish ships in Scotland. There is one "Sanders" Rutherford (Routherfurthe), a Scottish pilot, who has been a dealer for a long time in Spain and is principal pilot for the Spanish ships, and is now at "the Groane." The ships of Spain are "mynded" to come towards Kirkcudbright, and some of them to arrive in the north, where Huntly commands. [In the margin: "This Routherforth is one of the best pilottis in all Scotland."]

There comes in this Spanish fleet one John de Modina (Madana), a Spaniard, who was in Edinburgh in the last conflict, and [is] well acquainted with divers of the Scottish nobility.

Lord John Hamilton hoped to have been lieutenant-general in Maxwell's place, (fn. 5) but it is concluded he shall not, but that the barons in Maxwell's dominions shall remain for the next two months to take order with Border affairs, and are to remain in Dumfries (Dunfrese) till the King make a new raid against Johnston.

Two ambassadors are to come shortly into Scotland, one from France and another from Denmark; and (as is thought) one from Spain, for certainly the Scottish pledges are received both in Spain and Dunkirk. The Laird of Buccleuch has either come home or is shortly expected. Likewise Lord Sanquhar (Saker) is shortly expected to come home through England. He has been a long time at Rome conversant with the Pope and frequenting the company of all the Jesuits and seminaries there, and therefore should be well looked to.

I am daily advertised that it is very requisite that a special eye be given to Dunkirk and the companies assembled thereabouts, lest they deceive both the Hollanders' and our ships some of these long nights; for some special enterprise is expected from thence either into England or Scotland.

The King has given Huntly a new commission to slay the Earl of Atholl and Mackintosh (Malcomtoshe); and likely enough it is to fall out with Huntly as it did with Maxwell, for there is news come to Edinburgh from Huntly's own folks, the 30th of December, that his principal friends of the north have confederated with Argyll's friends of the highlandmen, who have sworn never to come into the fields against the Earl of Argyll.

For the better confirmation of this last, I have this 3rd of January received new advertisements out of Scotland that Mackintosh and his accomplices have of late taken out of Huntly's country to the number of 50,000, horse, beasts, swine, sheep and goats, and that there is some mutiny grown amongst Huntly's own company, and amongst them some conspiracy against his own person, which is thought to be the cause why he forsakes lying at his house of Strathbogy (Strawboggye) and keeps his Christmas at Aberdeen.

pp. In a Scottish hand. Endorsed by Burghley's clerk: "4 Jan. 1593. Scottish advises from Mr. John Coweye."

205. Robert Bowes to Burghley. [Jan. 8.]

I have received your two letters of 22nd and 30th December, and accordingly have informed Lord Zouche, who arrived here on the 5th instant, somewhat of the present conditions, and also of some articles specified in her Majesty's instructions, which he has showed to me.

By my last letter I sent a copy of the Act for the abolition of the act of Abolition. This last act was once appointed to have been read yesterday in this town. At the same time and in Edinburgh two other proclamations were published, the one for the summons of Justice Courts in Edinburgh for the punishment of Papists, traitors and all other offenders (a matter intended to levy money for the King's necessity), and the other for the authorising and allowance of the new coin of four Scots pence, lately coined, and little liked by the people. Because this act of Council for the abolition of the former act was framed in the nature of an edict, in like sort as the former act was framed, and the former act has not been proclaimed, therefore it has been thought meet that this last act should not be proclaimed, as was looked for, but that it shall be stayed till the King's return hither and afterwards established by the next Convention, so that it is yet in suspense, but, peradventure, may receive life by the audience to be given to Lord Zouche.

I have been told that means are making to draw Dumbarton Castle into the hands of the Duke of Lennox (Herenius), and that in Dumbarton and St. Andrews a mass of victuals shall be laid in, which is thought to be done for the entertainment of Spaniards. I shall give warning to Lord Hamilton, who will be here to-morrow. Edinburgh. Signed: Robert Bowes.

pp. Addressed. Endorsed by Burghley's clerk.

206. Robert Bowes to Burghley. 1593. [Jan. 15.]

According to your letters of 22nd and 30th December, I have made means to move the Queen of Scots to endeavour to draw the King from the Papists and Spanish faction, and the experience of her former labours and readiness herein gives good hope that she will willingly employ her travail in the furtherance of this effect. The King has given order to revoke his subjects serving in the Low Countries. This is pretended to be done to procure payment of the arrears by the States to the Scottishmen for their services there, but many suspect that it is intended to purchase favour and friendship at the King of Spain's hands and to strengthen the confederates and "comployts" for Spain. As occasion offers I will answer all the King's objections against me. This cloud has hung long over me, and albeit her Majesty's letter to the King sufficiently provokes the fall of this storm, yet he still forbears to discover the particularities of his griefs against me.

The daily business and late sickness of the Chancellor ever since the receipt of your lordship's letter has given me no opportunity of imparting the good advice therein expressed. The Chancellor and the Master of Glamis are presently reconciled, yet likely again to fall into discord. Their disagreement has wrought and still works great prejudice to the common causes.

I leave to Lord Zouche's report the effects of his wise and honourable proceedings with the King in the audience on Sunday the 13th. His discreet behaviour and delivery of his message gained great praise, and have much changed the course before held, and greatly profited her Majesty's service. The act for the abolishment of the former act of Abolition is not yet proclaimed, and some of the King's minions and courtiers have laboured (as I am informed) to lay the blame on the Chancellor. By the labours of these courtiers against the Chancellor there are several parties in the Court, viz., the one of the Chancellor, Sir Robert Melvill, Newbottle and other councillors, and the other of Lord Hume, the Master of Glamis, Sir George Hume, Thomas Erskine and others of the King's minions. I am told that both these parties strive to win the favour of Bothwell and of the people by doing good offices for Bothwell. These two parties in Court (labouring, as I hear, to be gracious to the Kirk and well affected) have severally and in divers sorts advised some principal persons convened presently here for the Church. The councillors have thought it not fit for the convention of the Kirk to exhibit to this Con vention of the Estates any articles or petitions, to the intent it may be known that by the breach of many promises of reformation they utterly despair of any reparation of the estate and government. But the courtiers persuade them to present their petitions and also promise them contentment. It is thought that this sudden alteration in the affections of the Court and courtiers is chiefly wrought by the presence of Lord Zouche. I am informed that this convention of the Kirk is, for the present, purposed to forbear the exhibiting of any petitions to this Convention of the Estates, the assembly of which was so slender that the King has again written for more in sharp manner.

Although the King has affirmed to Lord Zouche that the Earls refuse to accept the benefit offered by the act of Abolition, yet I am credibly told that Angus and Huntly have made secret means to principal persons of the ministry that their submissions to the Kirk may be received; and therewith the King is given to understand that one Ker, late servant to Lord Herries, has arrived in Scotland with letters from Mr. William Crichton, the Jesuit, certifying that the King of Spain offers to send hither 2000 men at his own charges for three months, that neither greater forces nor any money can be obtained, as was promised, and that Crichton, purposing to have come hither with report of the King of Spain's full resolution, is now stayed in regard that the success of the causes in his handling so little pleases the Earls, him (Crichton) and their confederates. But many wise and well affected deem all these reports to be spread by the Papists and Spanish faction to win time.

Errol still stands out, refusing to subscribe to the articles of religion, as the other two have offered, and says he will be the last of those who shall any wise fall away from their religion professed and the cause enterprised. Mr. George Leslie, his solicitor, (as I am told) was yesterday timely in the morning brought to the King quietly with letters, but the effects are not discovered to me. I am told that Lord Hume would not be entreated by the King to subscribe to the articles of religion before the King had granted to the Master of Glamis the office of Chancellor; yet the Chancellor trusts still to enjoy the same. Edinburgh. Signed: Robert Bowes.

pp. Addressed. Endorsed by Burghley's clerk.

207. Edward Lord Zouche to [Burghley]. [Jan. 15.]

Having had audience on the 13th and delivered her Majesty's letters, both those which I brought with me and the later received from you with your letters of the 4th, which came to me on the 10th, I have thought it my duty to signify how far I have proceeded and what purpose I think to take until further advertisement of her Majesty's pleasure. If my proceeding be not according to expectation I marvel not, in myself being, as I protested, wholly unfit for such a charge, yet hope I that her Highness will accept of my readiness and give order for my direction and therewithal be pleased to command my revoking, that her services may be better performed by those who are far more fit. My course was that, after access to the King and making her Majesty's commendations, I delivered the first letter. Upon the King reading thereof I signified to him her Majesty's care to satisfy him by my speedy despatch, which was such that if the ambassador here had not advertised me not to come before the 10th, I had been here very near the appointed time. The day being prolonged, her Majesty had in the mean season sent me another letter to be delivered to him, whereupon I delivered the same. After the reading thereof I complained of the shortness of the time required by the King for advice in so weighty a matter, as also of his deferring of Lord Burgh and me when her Majesty, to testify her loving care of his well-doing, commanded such diligence to be performed. As touching that writing which purported [to be] an act, I had instructions to show her Majesty's dislike therein. But forasmuch as I had understanding by some reports, and specially in pulpit, that the same was to be revoked, I did not think it needful to use any arguments in that behalf, being ready, notwithstanding, if it pleased the King, to acquaint him therewith when I should be required. In the end I signified her Majesty's dislike of his remissness to his rebels, and desired, for her better satisfaction in respect of sundry reports which were spread, that he would set down some such way as might assure her Majesty of his princely care to satisfy her. Whereupon he gave answer that, for the haste he made in demanding advice, he was persuaded that it needed no long deliberation, being but a demand of a thing which was but conditional, and, as he had before signified, actum quasi non actum. Lord Burgh's stay was not feigned, but of necessity, as he was himself about another exploit, as Mr. Bowes could testify; and my stay was for my better ease in my travel. For the act, "it was of it selfe none," and the Earls having refused the benefit offered, he was as free from any composition with them as ever he was. For the reports which ran, he could not tell how they had been occasioned. But, for his part, he had given no cause, alleging that he was not so ignorant but that he knew what it was to lose an old friend and to trust to a new, with divers other reasons, and if he had failed in dealing "towards" the Earls, he had erred ignorantly, but not willingly. As touching the further assurance of his desire to maintain the amity, which was, as he said, the chief point, he would consult thereof with his Council and within three days give some overture. I took occasion to signify that her Majesty doubted some evil parts in some of his Council. Whereupon he answered that he must trust his Council as her Majesty must do hers, but if any evil parts were known in any of them he would not suffer the same, and justified his Council. I "rested of these poyntes" until I "receyve" what manner of show will be made for her Highness's satisfaction; and if this seem dilatory I purpose to proceed in the other part of my instructions.

I purposed to have written yesterday to your lordship of these things, but that I had also a desire to write somewhat to you touching the other matter. Wherein, forasmuch as I am referred to others for their advice, and, indeed, can do nothing of myself, "because I am wholy ignorant of sutch partyis as with whom I should deale," and those which "the party" (fn. 6) has dealt withal, who should have gone before, run another course than I take to be allowed of within my instructions, as may appear by a copy of his offer under his own hand, which I send herewith. (fn. 7) And since it seems also that he has further commission than mine warrants, inasmuch as he demanded to see my instructions, I refer your lordship to that note, and the things therein contained to the consideration of her Majesty. If her pleasure be that I deal in any such sort as is there set down, I beseech you to procure me instructions to that end "against that tyme which they require of metyng." Mr. Bowes's service is specially to be employed herein, for without him "in a long tyme a nother can smally prevayle." Other occurrences I refer to Mr. Bowes, whose long experience can make choice of such as are fit to make [them] known to your lordship. In the meantime "I lyve here unprofitably, as I feare, to her Majesty, to myself desperately, and if I receive not further helpe, in greate feare how I shall through want performe my ordinary expences." [In the margin, in Burghley's hand: I have sent him a bill of exchange for money.]

Since I was with the King the Master of Gray has been here, as I suppose to feel what I would demand. I answered him that there had been "before tyme" demands, but none performed. He told me—in love, as he said, to her Majesty—that the King was ready to grant whatsoever I demanded, and this night the Lord Chancellor sent one to Mr. Bowes to advise me that I should pray the King to refer me to his Council.

All these things I take to be delays, yet there are on all sides great protestations of desire to do service to her Majesty. On other sides there is continual advice from those with whom the party sent deals, that there is no trust to be had, and it seems so manifest that the preachers speak of it in the pulpits. So I desire with speed to receive further advertisement from your lordship. To-morrow I am promised audience, when I am to demand the King's resolution for her Majesty's satisfaction, which I fear will be dilatory, but with great shows of desire to satisfy her.

I pray God to send me out of this country, where I see nothing to trust to on one side or on the other. I beseech your lordship that I may therefore have leave to come home, that I may travail in what I am acquainted [with] and disburden myself of that burden which by no ways I would have taken, if I might as easily have showed my insufficiency as now will be made manifest. But my hope is that by your good favour my wants shall be no further punishment to me than the shame they bring with them, which caused my protestation before I set forward and breeds my disquiet now. Edinburgh. Signed: Edward Zouche.

4 pp. Holograph. No fly-leaf or address.

Another copy. Cott. Calig., D.ii. f. 169.

208. Articles by the Kirk against Papists presented to the King. [Jan. 16.]

(1) First, it is humbly "cravit" of his Majesty that the law "stryke upoun everie ranke of Papistis" according to their merit and "medling,"— pain of treason for "Papische traitors," warding and such other kind of civil punishment for inferior ranks. (2) Next, as touching those that are already "in handis" and those who are "twichit" (fn. 8) by their letters and Blanks, we crave that "quhill" your Majesty proceeds in trial of the one [i.e. the former] you direct out charges against the rest to make themselves answerable either in Edinburgh ("sik as can nocht object deidlie feade"), or else in Dundee (if they have "the cullour of the forsaid fead") to as short a day as possible. If they compear, let them be warded "abyding" their trial. If by fleeing they "mak thame selffis giltie," let them be "persewit" with all diligence as the custom is in matters of treason. (3) Thirdly, in respect there are other Papists in the country who justly may be feared "to beir hand" to give their concurrence with those who are under trial, that they be not "ane arme to uphold thame" we crave that these persons be warded in the meantime. (4) Fourthly, we crave, according to an act of Parliament, that all avowed Papists in the country be instantly discharged from bearing public offices on land and sea, place of Council, Session, Parliament or any other judicature whatsoever, and that such as are suspected be suspended from their aforesaid offices till "sufficientlie thai be tryit." (5) Fifthly, by reason that the matter "twitchis" all estates, we crave that a certain [number] be nominated of every estate—noblemen, barons, burgesses and ministers—to be present at the trial. (6) Lastly, we crave that, seeing cruelty and oppression abound in such great measure throughout the country, your Majesty, with your well affectioned subjects, will devise how the land may be purged from "bygannis" (fn. 9) and this "soirt of blodie vaine stemnit in tymes to cum."

1 p. In a Scottish hand. Endorsed: "The Kirkis artiklis presentit to the King the xvj of Januar. 1593."

209. Scottish Councillors. [Jan. 17.]

Councillors newly established by the King of Scots.

Lennox, Hamilton, Marischal, Mar, Morton, Montrose.

Livingston, Seton (indiffer.), Lindsay (aff.), Forbes (aff., enemy to the L. Huntly), Culross, Colville of that Ilk (aff.), Cambuskenneth (aff., banished with the Er. of Mar). (fn. 10)

Bass, Lauder (aff.), Culluthy of Fife [i.e. Carnegy of Colluthy] (aff.), Wedderburn (a Hume, aff.), Carmichael (aff.), Hume of North Berwick (aff.).

½ p. Notes in Burghley's hand.

210. [Sir Robert Cecil] to Mr. Henry Lock. [Jan. 18.] Vol. lii. p. 23.

Your letter of 8th January did not come to my hands till the 15th, in the morning, whereby you may perceive with what difficulty any answer could be returned to you at Edinburgh by the 18th, as you required. I have read your letter, wisely and diligently digested it, "being so approved by the best"; wherein, as the considerations and cautions projected by the party seem to be very good, so does the Queen's resolution continue most firm to those whose actions tend to the safety of their sovereign, preservation of religion and suppressing of foreign practices. But seeing the events of all actions of this nature are casual, albeit her Majesty is thoroughly assured that in all their present attempts they will most tenderly preserve the King's person, and that the innocency of their own hearts (so full of duty to him) will be sufficient warrant for their own actions, yet it were dishonourable to her to be a beginner or inciter of any such course, because it may well be said that she, "being a seconde personne," cannot look into the hearts of men, and therefore if any disaster should happen, it might be imputed to her Majesty as a neglect of a King or an over-credulity of the party. But if they shall once, as they often have promised, begin of themselves to remove his wicked instruments, who are the chiefest cause of this danger, whereunto both his person and his estate are running headlong, her Majesty stands too much upon her honour and reputation to see them any way fall in pursuing their enterprise for want of assistance and strengthening by all means possible. Wherefore her Majesty having also sent by Lord Zouche to know, by you and from all those whose minds will concur, both what is likely to be in their power, and what opinion he has of the conjunction of any great persons of the realm with these other noblemen who shall be actors therein, and having also understood that the Convention shall shortly give great taste of what may be hereafter expected, she greatly desires to hear some success of the same, thinking that if this party (who seem to forsee their own oppression by the power of their adversaries) be not able to begin to suppress their enemies without so openly engaging her, and to hold such courses also in that Convention as may weaken most of those bad instruments, it is either for want of soundness of all the members of the party who profess the concurrency, or else, if they cannot begin their action without her Majesty "opening" her self in the manner required, surely then she may doubt (though she should in the beginning yield to their demands) that it would not long continue with good success. If Lord Zouche shall receive any overture upon good foundation, although you seem to think he has not commission to give more than general promise of mediation, yet be assured that upon any such offers made to him and recommended by him hither, there shall follow absolute help without delay on the Queen's part; and when he shall have understood the fruits of the Convention, and shall have avowed directly to the King that if he do not otherwise proceed she will relieve the party that professes religion and extirpation of foreign practisers, then whatsoever she does for any of that party hereafter is avowable before God and man.

Now, on the other hand, if in this first project which is laid down, her Majesty must be an actor, it will make her think that the party is very weak when, without her, it cannot be attempted, though they shall be protected afterwards by her against their adversaries. Therefore her Majesty desires not to be dealer in what they shall do herein first; but when they shall any way have removed those instruments—preserving the King's person most preciously— she will both allow and strengthen them speedily and assuredly.

As for the doubt you conceive that the money desired to be levied in this Convention may be converted against them, methinks you may very well say both to the Duke and to Atholl that if they and their friends be not able to provide that whatever is granted may be conditional to be employed for the use it is asked for, either they want that caution which they ought to use, or else the expected actors in this Convention do not join heartily in foreseeing what ought to be provided for.

Thus have I delivered you such answer as can in honour be made you, wishing you to observe well the scope, and to advertise how you proceed, whereupon you shall receive all good contentation. As for any rumours of her Majesty's inclination to [listen to] offers of any party who are not of the religion, think that she is most "irremoveable," and will scorn to be thought "bleared" with any such devices, though she cannot forbid them to make their overtures, for which they have only their labour for their travail; and of this do you assure all those who doubt her proceedings. "Where I find you are layd for, I pray you take heed to yourselfe, to whom I wishe as to my selfe." Hampton Court.

pp. Copy in the hand of Sir Robert Cecil's clerk. At the head: "A copie of my master's letter to Mr. Henry Locke in answere of his of the viijth of Januarye."

211. Robert Bowes to Burghley. [Jan. 20.]

Although the King's wrath against me daily increases and stays greatly the wonted and open access to me of many of my familiar friends, yet the Chancellor has been pleased to confer with me. Whereupon I "opened" to him your lordship's opinion [recapitulating No. 191].

The Chancellor readily agreed that there needed no argument either to prove the dangers arising by any alteration [in religion] or to move him to employ his whole power to prevent the same. He affirmed, first, the King to be firm and steadfast in religion notwithstanding that those Papist Earls, Scottish Jesuits and Papists have, without just cause or ground, given forth the contrary and thereby brought the King's religion into suspicion in Spain, France, the Low Countries and elsewhere: Secondly, that those Earls or others could not allure the King by any offer of supply for his necessities to yield himself captive to the King of Spain: Thirdly, that it was vain to think that any benefit might come to the King by invasion in England. Therefore he promised either to direct the King from all these ways or to stop the passage, or else, wishing the last day to come hastily upon the world, he would leave Court and all things.

He hopes that by the means of this new Council provision shall be made for prevention of the dangers appearing, etc., and declared that it had revoked the act of Abolition, and had taken order that the Earls should be summoned to Parliament to be punished and that neither the King nor the Kirk shall receive, without consent of the Estates and Council, any offer by the Earls for their peace or submission.

Against these things I showed that the Earls summoned to Parliament could not be put to the horn or prosecuted for crimes until Parliament should begin, the time whereof was uncertain, and in the meantime they should enjoy all their livings without bonds or assurance for their good behaviour, and should not need to subscribe the articles of religion nor make any offer for their peace. The Chancellor promised to provide some speedy remedies in these behalfs. Edinburgh. Signed: Robert Bowes.

12/3 pp. Addressed. Endorsed by Burghley's clerk. Also endorsed: "At Durham the 22nd Jan. almost 12 at midneight. Newcastell the 22 day at past seaven in the eveninge. Morpeth this 22 daye at past 4 in the afternoone." Other postal endorsements torn.

212. Sir Robert Cecil to Lord Zouche. [Jan. 23.] Vol. lii. p. 25.

By reason of my father's absence from Court your letters of the 16th of January came to my hands on the 22nd, to be imparted to the Queen, which I have done accordingly, and send this answer following. Her Majesty allows well of your diligence and care for her service, wherein you answer no more than her expectation. Because your lordship seems curious and full of caution, and in nowise disposed to swerve from your instructions, her Majesty has commanded me to say that it is one thing in all these employments to follow the very letter of instructions, which the meanest wit and judgment may perform, and another thing in such an employment as this (wherein time is so precious and it is impossible for any absent to judge so well of things so daily mutable as your own discretion and the judgment of the ambassador leger (fn. 11) ) to observe the scope of the instructions given, and yet, as time and occasion require, to accommodate speeches and actions, and to take hold of occasions and opportunities according to one's own discretion and judgment, and so to proceed speedily and soundly, not contrary to the instructions.

Her Majesty has in your negotiation given you in charge chiefly two things, the one to see what will grow from the King by resolute dealing with him and assuring him that the Queen understands thoroughly the secret of all the offers of the enemy and the inclination (nay, rather the absolute devotion) wherein those northern Earls and Popish councillors are engaged, and by letting him absolutely know that she has delayed too long the looking to herself by depending on his assurances of reformation which have either been shows, or if of force and power, then what one day has brought forth has been another day abolished, and so only time gained. Her Majesty can not receive words for payment, but expects the proceeding against the Earls so far as to disable them at least from ever offending him, and the removing of his ill-affected councillors wherewith the Church and all good patriots are so much discontented.

This being the first part your lordship has to play, you can judge better there than any here what likelihood there is of good and sound proceedings. This course, as most honourable, the Queen first propounded.

Next, her Majesty directed you, in case of trifling, to let him understand that if he suffer himself thus willingly to be lost by not looking to the disease timely, she (as secondly interested in all the actions of that kingdom) cannot defer the case till the matter be past cure. This is one of the chiefest points wherein you are to deal with him.

You are then directed by all secret means, by the ambassador's opinion, by Mr. Locke's information, and all other wise means, to understand what party there is of force sufficient to resist these purposes. You are also to seek to discover if the party is likely to be united and to go through without any peril to the person of the King himself. Therefore she expects rather to receive enlightenment from you, how to direct you, than to be written to every day for new directions. Upon advertisement from you both, who know what her Majesty would have done, and see there what may be done, you shall quickly receive order for any thing to be done.

To come now to answering you for that which you would know by the 28th. [In the margin, in Sir Robert Cecil's hand: "This 28th is the day appointed of meeting with the commissioners, by which tyme he desireth to have answer."] Her Majesty has seen their demands and the particularity of their "proportions," which is not a thing she would "sticke at" if she shall understand by you that the party will thereby be sufficient, but as yet you leave her as ignorant as before. Though you say you have not met with them or conferred with them, yet she doubts not that by this time you shall as well be able to advise as to advertise, for otherwise you need not have been sent. Her Majesty therefore wills you, seeing you know her mind, not to stand upon too many doubts or scruples, but to follow the substance of her instructions according with the memorial given you apart by my Lord Treasurer.

Now, to conclude, her Majesty wills you to inform all those who have already joined in the offer, that she remains ready to help them and assist them against all the adversaries of God's cause and the peace of the kingdom, and that, if the King shall still favour the other, she will not "sticke" to avow the helping of those who are so good patriots. But whereas they would attempt nothing of themselves, her Majesty says that they must make a beginning by removing the ill councillors, before she can with honour enter any way as they desire [for the reasons given in No. 210].

Only this you may assure them from the Queen, that for their assistance there shall be money ready upon the Borders upon any advertisement of the same from you, to whom, with Mr. Bowes, who is likewise to be made acquainted with this letter and all your actions, she refers it.

Please also to let Mr. Lock know this her Majesty's resolution. He, I believe, has already by this time a letter to the same effect from me. The Queen says that if they cannot begin anything without making her the author, which cannot be done without touch to the treaty, it is to be thought they can do little of themselves, but for assistance of them afterwards she will aid them, and so requires your lordship to assure them. You may take this notice, as written at her Majesty's commandment, by my means, because of his lordship's [Burghley's] absence. [In the margin in Sir Robert Cecil's hand: "This argueth the Queen wold have her ministers doe what she will not avowe."] The Queen also wills me to let you know that you write somewhat darkly because you would be brief, which she does not desire, for she assures you that she cannot but take contentment with your letters though they were longer. Hampton Court.

4 pp. In the hand of Cecil's clerk. At the head: "A copie of my master's letter to the Lord Zouche in answere of his of the xvjth of Januarye."

212a. Sir Robert Cecil to Lord Zouche. [Jan. 25.] Vol. lii. p. 30.

Since I wrote by the Queen's commandment a letter of the 23rd, your letter of the 20th has arrived, wherein her Majesty finds "a wonderfull uncertaine course holden by the King, which maketh her not a litle to seeke what way to runne with him." She holds nothing more precious than the keeping of the amity, yet, if things be as your lordship advertises, she must needs break, for she must "help a partie"; wherein the King has this advantage, that either she must "suffre her selfe intrapped," or else break out before he has openly broken with her. He "will kepe all thinges smothe till his plottis be rype, and being rype you knowe it wilbe with the latest to prevent them."

What the letter of the 23rd contains her Majesty sees no ground to alter; only she requires you so to use it as no way to discourage them, but to inform yourself how far the Duke is to be trusted. She is not without cause moved to be jealous of him, seeing she notes that he is made the principal in this new Council, and therefore wishes you to be very wary in speaking with him, and in all your words to point only at a scope of assisting them against their adversaries, if they can remove them from the King. You may assure them that the Queen will help them afterwards, such course being taken first as they shall think good, with which she desires not to be acquainted.

Where your lordship writes that you will be at Berwick to confer with them, the Queen persuades herself you will bring no Scots into the town itself, wondering that you would appoint to return before better satisfaction than yet she finds you have. Comparing the date of your letters, which could not arrive here before the 25th at night, you could hardly look for answer before the 28th. Neither do you nor Mr. Bowes give your opinion what you would wish her Majesty to do in Mr. Lock's negotiation, which she was desirous upon your being there to be informed of; and for this purpose Mr. Lock was appointed to inform you of all particularities. Where the Earl of Atholl makes show of his will and ability to strengthen the action, her Majesty believes in both, and therefore does not look to help him to begin, but when they had begun in a good course, to give them all furtherance, of which your lordship may assure them; wherein neither perfection nor expedition shall be wanting. Hampton Court, "within one hower after the receipte of yours the xxvth of Januarie, at xen in the nighte, 1593."

pp. In the hand of Burghley's clerk. At the head: "A copie of my master's letter to the Lord Zouche, in aunswere of his lo. letter of the 20th of Januarye." Parts underlined and marks in the margin.

213. Lord Zouche to [Burghley]. [Jan. 26.]

When I wrote on the 20th, I hoped to have received a full answer at my next attending on the King, but being deferred until the 23rd, I was first answered that the King, having advised with the Estates, could now assure me that the act of Abolition should be wholly "disanulled," that proclamation was made to take away all former benefits from the three Earls, and that they should not have any favour until they had yielded themselves to prison. Whereupon I asked the King whether that was all that I should receive for the satisfaction of her Majesty. To which he answered that the same was "the generall," but "the perticuler" should be what I would demand. I told him that my commission was not now to require that which he should do, but what he would do, for the matter had now grown to such ripeness that (her Majesty having heretofore debated by letter and messages what was fit to be done) he could very well judge what was needful, wherefore I was only in that case to receive what he would give for answer. Whereupon he used many protestations of his desire to satisfy her Majesty and to send me away contented, and protested that as that had been done in general, so he would also do anything else in particular that I should demand. Whereupon I remained long upon my former course, that I was not sent to capitulate, but to receive what he was pleased to give in answer. Notwithstanding, I would think, though I had not commission so to say, that if he would prosecute the Earls by all means, without favour and without delay, and give assurance thereof by his oath on the word of a prince, that might satisfy her Majesty. At length he promised so much, and for my satisfaction said he would think of more, and used protestations as great as king or christian may use, so that I was driven to affirm that I would rest satisfied if he would perform so much by writing under his hand, that by the same I might satisfy her Majesty. He promised to do this and to send the Lord Secretary to me the next day with the writing, for my consideration. But then he began upon some speeches which I had had with the Master of Gray a day or two before, wherein I had said, as by the way, that "there went a flying brute" that the King had said that he would "hoode" her Majesty and her ambassador. "Which words," said he [the King], "I understand you were contentid that he [Gray] should acquaint me therwith," and gave me thanks, but desired that I would tell the author. Whereupon I said that I did not deserve such thanks, being a thing which I had not meant his Majesty to know, because I could not prove the same, and wherein I had given the other [i.e. Gray] my reason why I would not reveal the same to the King, but since he had broken that trust I hoped his Majesty would take it as a "flying rumor"; that nevertheless "he would deale so mutch the more plainly and not thincke the worse of me if I grewe summe what more suspicious."

In the end we parted with his promise that the Lord Secretary should come the next day to me to bring me that writing. Whereupon, the same night, being bidden to supper by the Laird of Wemyss, I met with the said Master of Gray, who "semed that he found" that the King had satisfied me. Whereunto I answered that if I received the King's promises in writing under his hand, then I might be satisfied. Whereupon he seemed to say that I had not delivered anything in writing, neither was it fit that the King should give anything in writing. I answered that I was not to reason therein, because I stood now on the King's promise, not on the matter as disputable. The second day after, the Secretary came to me from the King to require that I should set down what I would have the King set in writing. I held to my former course and said I was only to receive what the King had promised me, not to prescribe words to persuade a willing mind to perform what he purposed; and so we parted. This morning the King, being prepared to go to Stirling, sent for me to give me a short farewell. When I took that to be a strange dealing and was thereby moved, he "semed to enter againe to put me from that he promised me." Whereupon I told him that I little looked for such a course, but since I did not find what I expected, I required at his hands that which I had further in commission and did not think convenient to use until then:—that I was commanded to require that Mr. Bowes might speak to his Majesty before his nobility and Council what I had in commandment to signify to him. Whereupon the King, seeming to say that I would quarrel with him, said that all was ready that I demanded, and that he meant to satisfy me. He would have drawn me into particulars, but I told him that I might not so do, and that I was only to receive his answer, which I was to consider, and thereupon to judge whether it agreed with what he promised, but since I saw nothing but delay I hoped to finish quickly if he would give me leave to discharge the rest of my message. "The which he eschewed myghtely, and I thinck would be brought to good," if factions were not so great here that he is wholly led at the sway of parties. In the end he gave me leave to depart, vowing that he would send to me. But after he had been at his Session House in counsel with some over hinderers (as I take them) he departed, not without sending the Master of Gray to protest that he would do anything to satisfy me. I am now to sue to go to Stirling to have my dispatch, so your lordship sees what course I have taken and what issue there is.

Here is nothing but delays, and we fear some evil dealing. If her Majesty be pleased to censure me according to her pleasure, I attend it in all humility and wish myself rather in prison to answer for a contempt, arising through my "wantes," than to be here to see the dealings I see and to be of little experience and power to do her Highnes service. I beg therefore that I may with speed receive some direction for my return, which I find more needful than my presence here, and yet am loth to come before some advertisement, though I would rather "drinke of one water al the dayes of my lyfe then to lyve heare with the best intertaynments can be afforded in this country."

These delays "make me that I can not mete with the others as they desyre," and I think that time is precious and they will fear "fastnes" from your lordship's advices above, whereof some complain, and I crave pardon that I give it this touch. Surely good can be done, if time be not lost, "but Mr. Bowes can put in execution so mutch as all others can who should be sent in that behalfe," and I persuade myself that he is complained of rather for his experience than for his wants [i.e. deficiencies]. Means have been made that I should move the King's friendship towards him, and when I am present the King gives him no evil countenance, but rather "all good."

I hope I shall need to write no more before I come, which I beseech you may be soon, otherwise I and my retinue will grow sickly here. I have received your bills of credit, but no money as yet. As soon as I receive the same I will acknowledge the receipt and send bills. For that which I received at Newcastle I gave the customer a bill. I am told for certain that the Lord Chancellor works underhand for the Earls and receives great sums of money to that end. I could write of much bad dealing; but these are reports, though by such as Mr. Bowes has found faithful. No courtiers come towards me but precisely by the King's appointment, so jealous is this state of the occurrents of England. Edinburgh. Signed: Edward Zouche.

Postscript.—Even when I purposed to have made up my letters I had understanding that the Lord Secretary would be presently with me to bring me the promised articles under the King's hand. This has stayed my letter until now, because I desired to send a copy herewith, that I may know her Majesty's pleasure whether, notwithstanding this, I shall proceed to that course before the King, his nobles and Council, wherein I beseech your lordship to signify with speed her Majesty's resolution.

4 pp. Holograph. Endorsed by Burghley's clerk. No fly-leaf or address.

(Enclosure with the preceding.)

"Notes for the L. Zouch his memorie of certaine heddes given for aunswere to the proposicion made by him as ambassadour from our dearest sister and cosine the Queene of Englande."

First, whereas the act of Abolition was misliked by the Queen, to show and assure her that it is all utterly retracted, extinct and annulled, with express ordinance never to have force in whole or in part thereof at any time hereafter; that no offers of any of the persons contained in the said act be heard or accepted hereafter "except their personall entrie in ward and sure firmance without condicion precede"; and in case they do this we faithfully promise that not only the opinion of our Council and Estates shall be "enterponed," but likewise the advice of the Queen craved and heard before any favour be showed to them; that the Parliament shall be appointed to hold as soon as the term of our law and practice of this country will permit. Lest they might think it a respite given to them to continue their practising until the said Parliament, we have ordained our Council to advise and resolve at their first assembling upon the best expedient and what lawful means may be used in the meantime, whereby they may either be compelled to obey, or be prosecuted with all rigour: and generally we have avowed, as we are a Christian prince and professor of the reformed true religion, that unless they yield and declare their obedience after warding themselves without condition, we will omit no possible means for prosecution of them with rigour at all times,—not doubting but the Queen on the other part, according to our protestation made by Lord Burgh and Sir Robert Melvill, shall "enable us to this action" in some measure, as she has done to other princes her neighbours and confederates, and that such honourable consideration be had of us that our goodwill and earnest desire rest not unperformed "for fault of possibilitie."

pp. Copy. Endorsed by Burghley's clerk.

214. Robert Bowes to Burghley. [Jan. 27.]

Lord Zouche's letter will so sufficiently satisfy your lordship as to the success of negotiations and the other causes requisite to be seasonably considered and ordered that I refer all to the view of his letter.

I have been credibly informed that by letters from Spain advice is given to send thither Sir James Chisholm in regard that his credit in Spain will suffice to work great effects for the benefit of the Catholics in Scotland. Sir James has purchased peace in manner signified by my last letter, and, being enjoined to depart out of the realm, he prepares (as I hear) to hasten his journey, which the well affected here think will be taken in hand to prosecute the plot before laid by the northern Earls and practising Papists of this realm with the King of Spain.

Mr. Richard Douglas (as I have heard) has offered in the name of Angus that Angus shall yield his body to ward as the King shall appoint. It is likewise given out that Huntly and Erroll will make the like offers. But forasmuch as the solicitors for these three Earls are so frequent in Court and have free access to all their friends (who hitherto have delivered the Earls from all dangers), therefore it is generally deemed that nothing shall be determined against them without their privity and assent, so that their punishments shall be no greater than they will agree to endure for the benefit of their common cause and to win time. Which effects are very much suspected by the wise and well affected in this realm, and the rather that all these Earls have lately showed themselves full of comfort to pass through all their troubles and obtain their desires.

I am told that the King was moved to arm himself, the noblemen and others of quality presently here about him to ride into Liddisdale suddenly for the apprehension of William Ellot that he might be delivered to Sir John Forster for the bill of Tynedale, since redress is still deferred notwithstanding the King's sundry orders and promises given for the same. But I have been quietly advised that the King would have entered on this journey to catch some hold of Bothwell or some of his friends or followers now on the Borders, but such timely warning was given to Bothwell and this intended raid is now so broken that small effects are likely to follow. Edinburgh. Signed: Robert Bowes.

pp. Addressed. Endorsed by Burghley's clerk.

215. William Mylburne to William Craven. [Jan. 31.]

Whereas you wrote a bill of exchange to me to pay to Lord Zouche (Soutch), her Majesty's ambassador, the sum of £200 sterling or the value thereof, I have divers times offered him payment, but his pleasure is not to take it as yet. He desires me to pay it in English, money or gold, which I could not presently do. "Alwaies" I said that before his departure I would do my best to get some part thereof in English money. I was with him this night, desiring him to take it. His answer was as before, and he told me withal that he had written to the Lord Treasurer that he could not receive it "but to losse." Indeed, Sir, I never offered him other payment than as the exchange goes here, which is 9l. Scots for one pound English. I dare not procure English money out of England, for it is against the law. Think me not negligent, for this sum not only was and shall be ready, but if his lordship pleases he shall have 500l. more to the service of her Majesty as the exchange goes. I assure you that you gain nothing by the exchange although perhaps the ambassador is informed that you do. Edinburgh. Signed: Wm. Mylburne."

Postscript.—"Med" (fn. 12) this letter enclosed, for it is to procure money to be left with you.

1p. Holograph, also address. Endorsed: "Ult. Jan. 1593. W. Melburne from Edenborowgh to Wm. Craven. L. Zowches mony."

Footnotes

  • 1. The document is calendared as 1593, but is later than death of Auchendoun.
  • 2. Page destroyed. Not in transcript.
  • 3. Faded.
  • 4. Sir James Chisholme's name is not in the printed Act.
  • 5. Maxwell was slain in a feud by Johnstone on 6th December 1593. See P.C. v. pp. 112– 113 and n.
  • 6. i.e. Lock. See No. 210.
  • 7. Amissing.
  • 8. twichit: incriminated.
  • 9. bygannis, bigones: Here refers to bygone offences against the sovereign or state.
  • 10. Exiled with the Lords of the Ruthven administration.
  • 11. Ambassador resident, as contrasted with a special envoy.
  • 12. Memorandum.