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Aug 26.
K. d. L. IX.
484.
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149. THE PRINCE OF ORANGE TO DAVIDSON.
I have received yours of the 11th inst., and thank you for it.
I shall be always at your service.—Gertruidenberg, 26 August,
1577.
Add. Endd. Fr. ¾ p. [Ibid. II. 52.]
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[Aug. 26.]
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150. THE ESTATES to DON JOHN.
Reply to his Highness' letter brought by the Bishops of Ypres
and Arras.
1. The Estates thank his Highness for desiring peace, and for
his promise to avoid all breach of the pacification.
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2. They declare that they have nothing more at heart than the
maintenance of the same. They claim to have kept it in all points,
and to have had a proper care for the conservation of the Roman
Catholic religion, and the obedience due to his Majesty.
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3. Since the privy withdrawal of his Highness to Namur,
great occasion of distrust has been engendered ; and as the Estates
can get no information, though his Highness has been requested
to give it, of his cause for doing this, they can only form a
doubtful judgement of his intention ;
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4. As much from having seen the contents of his letter, and
those of Señor Escovedo, intercepted in France, and from the
retention of the Germans, and the seizure of Charlemont and
Chãteau Sampson, as from the attempt on Antwerp and other
secret preparations for war, which have constrained the Estates
to be on their guard, and do what was necessary to avoid a surprise,
as was their right ;
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5. As also to turn the Germans out of sundry towns and seize
their Colonel, considering their secret intelligence with his
Highness directly contrary to the pacification, and to the promise
made by him to the Estates at Mechlin ; seeing that the Germans
would not be content with what was due to them according to the
pacification, and that the term fixed by his Highness for their stay
expired, while he had threatened that if they would not go out, he
would join with the Estates to compel them. So their expulsion
is in conformity with his Highness' intention.
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6. For the reasons given above, the Estates would have occasion
not only to complain, but to put their sole trust in God, their
sovereign, and their just cause. Yet continuing in the respect which
they will always bear to his Majesty, and to show the great desire
they have to lull these disturbances, and attain the general repose
which is the object of their claims, they pray his Highness to
disavow, and at once to get rid of the forces which he has drawn
from all parts, alike foreign and native, to send away the Germans,
to renounce his league made with the Duke of Guise, to use no
concealed design, but to send away the persons who are understood
to do ill offices about him, upsetting the public quiet ; and this
done, to rejoin the Estates, govern the country according to the
intention of his Majesty, by the advice of the Council of State,
decreeing and causing to be effected whatever may be passed by a
majority of the Council, by one of the principal members of which
all dispatches shall be countersigned ;
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7. All this to be done after the taking by his Highness of an
oath of amnesty, and abstinence from future prosecutions,
individual or general.
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8. Or if his Highness prefers to avail himself of better opportunities
for his advancement elsewhere, and thinks he is not trusted
here, and wishes to retire, the Estates are agreeable ; and in that
case the Council of State can govern provisionally till another
prince of the blood is commissioned.
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9. The Estates hold by the declarations already written to his
Highness ;
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10. But they must beg him to leave off accusing them and various
princes and potentates of Christendom of heresy, rebellion, and a
desire only to live unbridled ; as they have good information that
he had done, especially in his letter to the Empress of the 14th of
this month.
Fr. 3½ pp. Copy. [Holl. and Fland. II. 51A.]
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Aug. 26.
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151. DON JOHN TO THE ESTATES.
Having heard of the bad treatment, both by words and otherwise,
which has been inflicted on M. de Treslong and Colonel
Charles Fugger, I wish to point out that good and humane treatment
of prisoners has always been held praiseworthy, as well as
conformable to the Christian law. I request that you will give
orders accordingly.—Namur, 26 August 1577.
Copy. Fr. ½ p. [Ibid. II. 53.]
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Aug. 27.
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152. WALSINGHAM to M. DE FAMARS.
Affairs look badly enough for the Estates. We hear by the last
messenger that Don John has taken the town of Gemblours, near
Brussels, and is making great preparations in sundry places. Yet
the Estates do nothing, but amuse themselves with I know not what
speculation in such wise that the wisest people expect nothing but
total ruin for the country if his Excellency does not interfere and
take order for the Government. This her Majesty greatly desires,
and prays him to do, assuring him that for her part she will not fail
to give him any help that may seem to her suitable, whenever he may
ask for it ; if not overtly, yet in such sort that he shall be content,
and as may be required in affairs of such urgency. Of this
she wills that you advertise his Excellency, in order that when she
is informed of what he will do matters may be put on a more convenient
footing. The sooner you do this the better it will be for the
state of affairs here ; care being taken that the utmost secrecy be
observed in this matter.—Oatlands, 27 Aug. 1577.
Copy. Fr. ½ p. [For. E.B. Misc. II.]
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Aug. 27.
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153. WALSINGHAM to the PRINCE OF ORANGE.
Her Majesty hears that they of Brouage are in great straits for
lack of victuals, so that if they are not soon succoured, it will be
impossible for them to hold out against their assailants, and will be
compelled to surrender at mercy. They have begged her to assist
them in this necessity. A thing which she would do as willingly
as any princess in the world were it not for the alliance between her
Crown and that of France, which hinders her. Either their case
will be desperate, or some other means must be devised to better
their estate if it may be. Her Majesty is careful about this, because
the loss of the place would have ill consequences, and after
considering everything, has bidden me try if by your means any
succour can be arranged for them, such as sending some ships to revictual
the place to the value of 2,000l. sterling, which her Majesty
expressly bids me promise your Excellency in her name if those
of Rochelle do not pay it, either in cash, salt, or goods as you may
please ; praying you to accept this assurance in as good part as if
it had been signed by her Majesty's own hand, as she would very
willingly have done but for reasons which you will be well able to
divine.—Oatlands, 27 July 1577.
Copy. Fr. ½ p. [For. E.B. Misc. II.]
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Aug. 17.
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154. The FRENCH KING to DUKE CASIMIR.
I have seen what you say as to the importunity with which your
Colonels, rittmeisters, ask you to apportion among them the jewels
which I have pledged with you. When it has been done, it will be
no great profit to them, but rather a loss, since I quite intend to
redeem the jewels by paying the sums for which they are pledged,
and which are more than they will easily get by the sale of them.
I should have been able to attend to it, as well as to furnish you
with further sums, but for the troubles which have again been
stirred up by those of our subjects who were the cause of these
debts being incurred. Instead of helping to get you paid, they have
so far been employed in doing all they could to take away from me
the means of doing so. I am still minded, however, to seek these
as soon as possible, and to give you and your colonels all the satisfaction
I can, hoping that you will give me no occasion to change
my mind, and that while holding fast to what is worthy and fitting,
you will continue to keep the said rings with you, and not distribute
them among the colonels and rittmeisters, over whom I feel sure
you have full power. This is all that I will answer to your letter.
—Poitiers, 17 August 1577. And on the back :—
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Aug. 27.
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155. M. DE THEVALLE to DUKE CASIMIR.
I cannot omit to send you the King's reply to the letter which you
wrote recently, and to tell you that by the same hand I have news
that Brouage has surrendered. None the less the King is seeking
all means to effect a good pacification.—Metz, 28 August 1577.
Copy. Endd. by Rogers : Exemplaria literarum missarum a
Rege Galliæet Thevallio Metensi Præfecto ad Ducem Casimirum.
Fr. 1½ pp. [Germ. States I. 8.]
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Aug. 28.
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156. DON JOHN TO THE ESTATES.
Profession of desire for peace, as evidenced by the dismissal of
the Spanish troops. Remarks on the reply of the Estates (August
24) to his message sent by the Bishops of Ypres and Arras are
enclosed.
Copy. Fr. 1½ pp. [Holl. and Fland. II. 54.]
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157. Enclosure in above.
Upon the reply of the Estates General assembled at Brussels
the 29th of August, 1577, sent to his Highness, in answer to his
message delivered by the Bishops of Ypres and Arras his Highness
says and declares as follows :—
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1. He has done and will do all that appertains to the quiet of
the country without breach of the pacification.
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2. He is glad to hear the determination of the Estates, and quite
agrees.
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3, 4, 5. He is, as before, surprised that they should be suspicious
about his withdrawal to Namur after he has explained the good
reasons he had for that step, as he thinks they might believe what
he says. He holds it better to guard against conspiracies than to
discover them, and let them be forgotten. However, as the Estates
are so pressing he sends further particulars herewith, which may
also serve as a general answer to the 4th and 5th articles.
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6. This article contains several points fitted for reciprocal treatment,
and his Highness would be glad to come to an agreement on
them, as he has several times proposed. He would like to see Commissioners
appointed at once, with a view to the carrying out of
the pacification and perpetual edict.
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7. In this his Highness will be happy to gratify the Estates.
They should communicate in more detail, or see how it can be
arranged.
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8. His Highness cannot of course resign without the King's
express permission, and must, until orders come, govern according
to his instructions and in the ancient manner : as he had begun
to do till these new suspicions arose.
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9. When these articles are agreed on they shall be put in
writing.
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10. His Highness has always had a good opinion of the quality
of the Estates, and will retain it so long as they remain good and
loyal subjects of his Majesty. But he will with good reason
have no such opinion of those who act contrary.—Namur,
28 August 1577.
Copy. Fr. 2 pp. [Holl. and Fland. II. 55.]
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Aug. 30.
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158. WILSON to DAVISON.
I thank you for yours of the 19th, and for your better comfort
am to tell you that your occurrents to my Lord Leicester and to
the Secretary have been well liked. You cannot offend in this
dangerous world to be passing suspicious over those that are vowed
Catholics, and look this way, bending their devices to our ruin.
You shall do well to have a good eye to the Duke of Guise's doings,
and to learn who they are that pass between him and Don John.
I fear the greatest mischief will be practised that way, although
everywhere these will be doing more or less against us. I wish
you would write to Mr. Copley and tell him that although I did
use terrible and angry words against him, it was for no other end
but that I might speak with him. Having once opened my mind
for his better and more sound dealing, I minded not to proceed any
further, nor have I, as yet, spoken one word against him. My
desire is that he would be more plain with you than he has been
with me, and then I would be his friend to the utmost of my power.
I trust M. Fremin has spoken with you by this time, and has
told you where the cipher is for M. Liesfelt, whom I take to be a
very honest man, and by whom you will receive sound counsel and
good advertisement. I requested Edmund Smart to deal for the
velvet carpet, which please buy for me for 45li. Flemish, but, perhaps,
you may have it for 40li. Flemish. I will repay the money
straight upon knowledge that you have disbursed so much for me.
I am further to desire you to confer with M. Fremin, and to take
him with you to the Marchioness of Havrech, and shew her that the
Queen would gladly have a suit of her own linen 'partelets' that
she wear, and the same to be sent in a box, in such form and
manner as she doth wear the same 'abyllements' ; for that the
Queen, in seeing her picture, did marvellous delight in the manner
of the wearing of her linen in such sort. Therefore, if it will please
her ladyship to send me one of her own best linen suits for the
Queen, I will send her whatsoever it shall please her to command
that England yieldeth. This I pray you to do with as great cunning
as you can for the Queen's satisfaction, and commend me heartily
to the Lord Marquis himself, and to the Duke of Aerschot, the
Viscount of Ghent, Count Lalaing, M. de Capres, Count Egmont,
and others.—Oatlands, 30 August 1577.
P.S.—M. de Famars is well used, and is like to receive some
comfort of his message.
Add. Endd. 12/3 pp. [Holl. and Fland. II. 56.]
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Aug. 30.
K. d. L. ix.
485.
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159. DAVISON to LEICESTER.
The preparation of the Duke of Guise, held for a thing assured,
the talk of peace in France, and the daily news of forces coming
from Germany make the Estates now go resolutely to work. They
are now occupied about the journey of the Marquis of Havrech to
England, to start on Monday next. I think well of the choice of him.
He is taken for a good patriot now, whatever has been conceived
heretofore, and is the apter for this occasion because this trust may
solve some former jealousies. His negotiation, as I understand,
consists of these three points : First, to acquaint her Majesty with
the whole state of their cause, secondly, to treat with her for assistance,
and thirdly, to desire your coming over with the assistance.
The two first necessity partly drives them to, but the third proceeds
of an honourable opinion, which is here made of your Lordship,
and which I have not been slack by all good means to advance.
The Marquis is principally to address himself to you as the man
of our Court that, in readiness to do any good office in their behalf,
the chiefly account of. You can perceive what a gap is here opened
to the advancing of your honour and credit. You have made a
good beginning with the Prince and Estates of Holland, where your
name is as well known and yourself as much honoured as in your
own country. How your Lordship should treat this man were a
presumption for me to tell you, but I wish he may find his treatment
such that he may return thoroughly contented.—Brussels,
August 30, 1577.
P.S.—As I was closing this letter I was let to understand that they
now mean to send him to France and Champagny into England ;
but I cannot tell what to assure herein, so irresolute be they in
their determinations.
Draft. Endd. 1 p. [Holl. and Fland. II. 57]
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Aug. 30.
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160. MYN DE LARREA to ANTONIO GUARAS.
Yours of June 20 by the ship which came from London,
Those for San Sebastian and San Susti, as well as those for your
family, and Ochoa de Larrinaga, and Secretary Zayas, have been
forwarded with all dispatch, and an answer from Ochoa de
Larrinaga, is enclosed herewith. That for Doña Geronima your
wife has gone by way of Agreda. Sancho de Lecue your servant
coming from your house fell in on the way with the person to whom
he was taking them, and Sancho got a letter from your wife for
you, which is enclosed, so I need not ask for an answer to the one I
forwarded to her. As to the letter above-mentioned, the muleteer
who took it is here, and says that he gave it duly, and he is a sure
man. I hear too from Madrid that the letter for Secretary Zayas
was duly delivered. You must know that the postmaster at Burgos
is not called 'Francisco de Cueros,' but 'de Cuevas.' I mention
this that you may know for the future. Let me hear of the receipt
of this letter.
Sancho de Lecue returned to the Court, after handing me the
enclosed, which will inform you about affairs there.
I hope that you and all friends there are in health. May God
please to grant it them as good as I would have for myself. May
the deliberations turn out well in Flanders ; though the
appearances of pikemen here make no show of quiet. May God
grant us peace and tranquillity.—Bilbao, 30 Aug. 1577.
Add. Endd.: Received Oct. 8. Sp. 1 p. [Spain I. 6.]
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Aug. 30.
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161. DUKE CASIMIR to the FRENCH KING.
I have received your letter of August 17, and beg you to consider
that, if the solemn promises made to the officers touching their
pay had been duly observed, there would have been no occasion for
distributing the jewels, but as, on the one hand, they have lost all
hope since the report of the ambassadors whom I sent in April,
and on the other, the Duke of Lorraine and the heirs of Vaudemont
have failed, I have no excuse, however I might wish it, for hindering
the distribution. The jewels are, as it were, deposited with
me, and I am bound to submit to the will of those who have placed
them in my hands. I have pointed out how little good it will do
them, and how little honour will be done to the King of France
by distributing his jewels, and, as it were, putting them up to
auction ; but with no result. My power over them, too, extends
only to where we are in the field, and even then I cannot command
them in their private affairs. Even if I would make an effort to
dissuade them to postpone the distribution, I can see in your
letters no certitude that they will ever get anything, no time or
place being stated, while any obligation we have entered into has
been certain and defined, signed and sealed. All this really proceeds
from those who have stirred up the troubles afresh, and are
the cause that the debts have been incurred. There is no need to
search elsewhere than in your own council, your own suite, your
own court. They who have advised you thus far to extirpate the
religion, to break the peace, to violate your sworn edicts, these are
the true cause of the ruin and desolation of your people (which will
only be stayed by the observation of the edict made while I was
in France) of your debts, of your loss of reputation. I would rather
see it flourishing as in the time of your ancestors, and I should
then be happy to render you some notable service. Notwithstanding
all the above, I will say roundly to your royal worthiness, that the
only way I know to hinder the distribution of the jewels (which
once distributed can never be got together again) is to furnish us
with the money at the next Frankfort fair, in September. There
is no other means.—Neustadt, 30 August. And on same sheet :—
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Aug. 30.
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162. THE SAME to M. DE THEVALLE, Governor of Metz.
I have received your letter with news of the surrender of Brouage,
and thank you for it. But I would much sooner hear that the King
was keeping the treaty of pacification, which both he and I signed
and swore to, and which is the way to have peace in the kingdom,
and that he would pay us our money, than these news of towns
taken or lost on one side or the other, which only weaken him
more, and cause greater troubles, which increase from day to day,
to the total ruin and destruction of the kingdom, and will cease
only with the observation of the edict made while I was lately in
France.—Neustadt, 30 August.
Copies. Fr. Endd. in Fr. by D. Rogers. 1½ pp. and ½ p.
[Germ. States I. 9.]
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Aug. 31.
K. d. L. ix.
491.
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163. [DAVISON] to WALSINGHAM.
I intend in two days to send a gentleman over to attend on the
Marquis of Havrech, by whom you will understand all things at
length. Meantime I thank you for your letter, which I received
by M. Fremyn.
The practice of the Queen of Navarre with Count Lalaing, which
you suspected, I find was true, and it is not two days since M. de
Mondoucet returned towards her, but so far as I can learn, with no
such satisfaction as she expected. I have taken occasion to sound
the Count afar off, but he pretends to have no disposition that way,
which I believe the rather because his very secret friends and good
patriots have so assured me. However, I will not fail from time to
time to observe him. If good offices will entertain him he shall
not want them.
[Erased :—The same course must be taken with the Marquis
while he is in England. He will seem now to be of the best
patriots, though he has not always been so taken. And in the
judgement of such as know him he is a man that may be wrought
to good purpose.]
I shall not need to persuade the treatment of the Marquis with
the uttermost honour and courtesy in England. Only I beseech
you that nothing be omitted. He is of nobility and alliance with
great princes. You know the man, his humour and inclination, and
how the States have chosen to employ him to take away the jealousy
between them.
Draft. 1 p. [Holl. and Fland. II.. 58.]
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Aug. 31.
K. d. L. ix.
492.
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164. ROBERT BEALE to DAVISON.
It has pleased the Queen to appoint me to repair for her affairs
into Germany. In the passage over the seas I have been miserably
spoiled by Flushingers and others, pretending to serve under the
Prince of Condé, of all I had, and am forced to remain here till
I hear from England. Before M. Fremin's departure from England
I sent to him to procure me a passport from the States, which
he promised to send to the English House. Pray put him in remembrance
of it, and inform yourself particularly what way is
...to pass. I have spoken with M. St. Aldegonde, who assures me
of the safety of the way by Maestricht. And ... if the Estates have
any garrisons by the way, I would be glad to have ... passport or
letters of favour from them.
This letter was delivered to me by Mr. Secretary, which I
thought good to send you, not knowing whether I shall speak with
you myself. I dispatched ... [Qy. Shore] from Dunkirk into
England, whom I look for within three days. When he comes you
shall hear what news there is. In the meantime all your friends
were merry at my departure. Mrs. Davison was not in town, or
else I had brought you a letter from her.—Bruges, 31 August 1577.
Add. Holograph. Endd. 1½ pp. Damaged. [Ibid. II. 59.]
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Aug.
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165. Letter from Davison to Killigrew, calendared in last vol.
(no. 1,367) (K. d. L. vol. ix. no. 3,583), must belong to the period
between Davison's arrival and Killigrew's letter of August 23.
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Aug (?)
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166. FORM OF AGREEMENT between DUKE CASIMIR and the other
PRINCES as to the repayment of the money which he is to
receive from the QUEEN.
Whereas we have received from certain our friends and confederates
a loan of money for the maintenance of our army, binding
ourselves to return the same, and there is no easier or fairer way of
repaying it than that those who owe us money should help us in
discharging our debt ;
We beg you, in order that we may better fulfil our promise to our
said friends and confederates, and hold them indemnified not only
for the principal of the debt but of all incidental expenses, to undertake
and promise that you will further the present expedition with
all diligence, and put aside all delay, so that we may meet the enemy
as soon as possible, or bring him to equitable terms of peace.
Also, that if by the favour of God we have so pressed the enemy
that he seeks peace of us, you will not come to any terms until we
have declared in writing that such terms will be agreeable to
those our friends and confederates and propitious to the Christian
commonwealth in general.
Also, that in concluding the said peace, next to the glory of God
and the free propagation of the Gospel, such steps may be taken in
respect of the money acquired by us for the purposes of this expedition,
that it may be paid in full with all the incidental charges before
peace is concluded or the army dismissed, and that you will not
desert us till such payment has been made, on pain of forfeiting our
friendship and that of our friends who have hitherto helped you.
Draft in writing of Laurence Tomson. Endd. Latin. 1½ pp.
[Germ. States I. 10.]
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Aug.
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167. Fragment of another draft of the same, in writing of
Dr. Valentine Dale. 1 p. (This has in the heading the words :
Sine offensione sereniss : Reginæ, which are omitted in Tomson's
copy.) [Ibid. I. 11.]
N.B.—The two last numbers may perhaps belong to a former year.
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Aug.
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168. FORM of CONVENTION between the QUEEN and DUKE
CASIMIR.
Having received by the hand of Daniel Rogers a letter from the
Queen of England to the following effect: [letter of July 30 (No.
61) recited], and moved by reliance thereon, we have after deliberation
with the said Daniel, entered into the following engagement :
[Terms are given in letter of July 30 recited.]
Copy by L. Tomson. Endd. Lat. 22/3 pp. [Ibid. I. 12.]
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Aug. [?]
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169. AGREEMENT between DUKE CASIMIR and the KING of
NAVARRE.
The Duke has agreed to furnish 8,000 reiters and 14,000 infantry,
part Swiss, part Germans, with arms, ammunition, and artillery.
To make this levy he is satisfied with what the ambassadors pay
him from the King, and for the rest, with the 50,000 crowns which
they cause to be paid him by the hands of William Shute, on the
order of Horatio Pallavicini, sent by the Queen of England, the
Duke contributing what more may be necessary.
The levy shall be made and the men assembled and mustered
within 4 months from the present date ; the Duke shall pay what
is required, and send the army forward to the aid of the King of
Navarre and the churches of France, without asking for more
money.
The Duke will take the command in person if not prevented by
illness or troubles at home.
In the event of his being so prevented, he promises to appoint a
commander to take his place, who shall be a prince of the Empire,
of a great house, of virtue and deportment such that the Duke shall
be as sure of his carrying out the expedition as of his own self.
The said army thus levied and commanded shall enter France and
not leave it till the King of Navarre has been reinforced, the liberty
of the churches restored, and peace concluded to their mind.
Duke Casimir shall give his promise on the faith of a prince to
the Queen of England to accomplish all this to her satisfaction.
Copy by L. Tomson. Endd. Fr. 1 p. [Ibid. I. 13.]
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Aug.
|
170. A REPLY to CERTAIN POINTS in DON JOHN'S LETTER
of AUG. 24.
1. If it were treason to open the letters, what was it to write
them? Besides, they were not the King's letters, but those of their
fellow subject. They were dated at a time when he was making
great professions of amity, sincerity, and plain dealing, in order to
be received as governor. This was his sincere meaning. The
contents of his letters, viz., the sending of certain forces to surprise
the Isles and the realm of England, were to be accomplished after
his admission.
Thus far in English ; then follow extracts in Spanish from
Escovedo's letters to the King of April 6, Don John's of April 7,
Don John's to Perez of the same date, Escovedo's to the King
of April 9 ; being some of the letters intercepted in France by La
None. [See previous letters.]
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2. He had no just cause to enter into arms against the Prince ;
but would therein have acted lightly and against the edict, and
therefore the States would not assent to him [as] appears by these
words: [In French] When he saw that the Estates would not
lightly enter upon war against those of Holland and Zealand, but
were resolved to maintain the pacification and refer the decision of
their differences to a lawful conference, he took occasion to hold
them for disobedient and rebellious, and treated with the German
colonels as to the best way of getting the better of them, and practised
underhand to withdraw his forces from the country in order to
dispose of them better.
He did all he could to divert the States from the alliance which
by the Pacification of Ghent they had made with those of Holland
and Zealand ; and without regard to the procedure agreed upon
therein of referring all outstanding differences to a general assembly
of the States, he thought fit to anticipate affairs, hotly insisting that
without waiting for discussion or order, satisfaction should be given
on many points which had been reserved by the pacification for the
general assembly of the States.
Lastly, on leaving Brussels for Mechlin he himself proposed to
the States to take arms against the Prince ; saying that if he were
in Italy or Spain he would come on purpose to uphold the quarrel of
those of Amsterdam ; which gave occasion of grave mistrust and
embitterment, to see his Highness so ready to take arms before
being thoroughly acquainted with the case.
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3. [In English] He retired to Namur because the States would
not at his request make war upon the Prince of Orange, and in order
to be in a place of better strength for effecting his purpose, and
making a division among the States, than was Mechlin, which
stands in the heart of the country. [In French.] For which purpose
not finding himself too well accommodated at Mechlin he
decided to retire to a frontier fortress ; his first idea being to
establish himself at Mons.
[In Spanish.] I am thinking of settling in some place more
secure than this, whence I may attend to affairs ; because when I
am in safety I think there are many who will declare for your
Majesty if their words and demonstrations do not deceive me.
Endd. (in Tomson's hand) : Reply against Don John's justification.
Eng. Fr. Sp. 5 pp. [Holl. and Fland. II. 61.]
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Aug.
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171. REPORT of the COMMISSIONERS sent to confer with the
KING OF DENMARK'S COMMISSIONERS.
From Groningen, where we first heard of the departure of the
King of Denmark's ambassadors, travelling day and night we
arrived at Hamburg on August 8 at about 4 a.m. Having intelligence
that Rantzow the Stadtholder and the rest of his colleagues
were at Wanbecke, a league from Hamburg, we dispatched a man
to certify them of our arrival ; whereof being very joyous (saying
that opportunity was well taken by us, for they were ready to take
their chariot to Lubeck, there meaning to have passed the Belt) they
promised to send to us next morning by their secretary to know our
pleasure as to the place of consultation.
On Aug. 9 their secretary came with a request that the conference
might not be held at Hamburg, first because the Hamburgers were
in the King's displeasure, and secondly, because sickness reigned
sore in the city. They therefore desired that the colloquy might be
holden at St. George's, not far from the town, in the jurisdiction of
the same. We answered that we being driven inopinato casu to
this city, and not having so much of letters of introduction from
her Majesty to the Burgomasters could not without presumption
condescend to any place without their good liking. Wherefore in
order that no act dishonourable to the King should be proffered by
his Grace's ambassadors, at our request, not at theirs, the Burgomasters
should be moved therein. The secretary liked this well,
and the Burgomasters moved, friendly agreed thereto ; the place to
be St. George's church, the day of conference Aug. 10, the hour,
eight in the morning.
On Aug. 10 we met at St. George's church. Caresses after the
manner of the country, reciprocal demand of the health and prosperous
success of both their Majesties, with some speeches touching
the adventures we sustained, causes lawful of breach of diet, having
passed, we having taken our places and they theirs (they being
silent), for introduction and commencement of conference it was by
us propounded : That whereas her Majesty had intelligence by John
Foxall of the evident testimony of the King of Denmark's earnest
desire both to the compounding of all controversies that might arise
between their subjects, and to the entering into a closer league
than had been concluded heretofore between their progenitors,
nothing was more acceptable to her Majesty than the same,
according to our instructions on that behalf. But whereas by
letters dated March 5, anno 76, as also by letters of Nov. 4, the same
year, and by others of March 1, anno 77, the King of Denmark finds
himself aggrieved with the English merchants' traffic into Russia
and her Majesty's sufferance of the same, dolere serenissimam
Angliae Reginam non fidei solum defensorem sed fœderum etiam
obserrantissimam, aliguid interrenire posse, quod amicitiam mutuam,
multorum annorum decursu et officiorum necessitudine confirmatam,
si non minuere et labefactare, at saltem suspectam reddere posset.
Requesting them to have in remembrance two things, the like
whereof in any other state (if in any) they should hardly find.
First, that in the time of King Henry IV, King Henry V, King
Henry VI, and King Edward IV (about which time of the first
King leagues by means of the marriage of the Lady Philip with the
King of Denmark first took their beginning), the breach of leagues
was by authority of Parliament statuted to be high treason. I knew
right well the penalty to be mitigated, but I told them not thereof.
Secondly, that (which in no state I yet could ever read, for howbeit
the Athenians had one Nomothetes and one Nomophylax, yet
that Nomophylax had jurisdiction in 'Trevues' I never read) about
the said King's times by the foresaid authority a magistrate
specially was appointed who was called fœderum conservator.
Wherefore how great peril her Majesty's subjects were in for using
their navigation against the alleged 'Trevues,' and how small
honour her Majesty should gain by permission of the same, "you
being right ancient and wise," quoth I, "well know, and we assure
ourselves you will have a special regard thereof. And as touching
the place, both our commissions I think will declare Embden to be
the same," praying them to have consideration thereof. Whereupon
they rose, consulted in the body of the church, and returned.
Dr. Hinck, who was, as they term it here, the mouth of them all,
beginning where I left, said that he and his colleagues doubted not
but her Highness would accept of the place of colloquy, in respect
both of their years and of their continual travail ; and certes the
youngest of them was not less than three score years of age. That by
the laws of England so great regard was had that in respect of violating
the same it was crimen laesae Abb.is [? Ma.tix], and that for
the preservation of the same there was authority given to a special
magistrate, he judged it both honourable to the realm and profitable
to the cause. That her Majesty accepted in so great good part the
compounding of all controversies, etc., the King of Denmark was
nothing with her Grace, "for," quoth he, "whereas the Queen of
England in her letters of June 27, 76, and January 2 in the same
year, complains that after most diligent search made among treaties,
the 'Trevues' of 6 Edward IV could not be found, "Ecce," quoth
he, "here the copy of the same fœdus, yea, and not the copy alone,
but ipsum magno Angliae sigillo confirmatum autographum fœdus ;"
and with great circumstance and singular reverence took the same
out of a box, kissed his hand and afterwards the seal, and so willed
us, holding the same in his hand, to look upon the seal. "And ecce
iterum (so great is the good meaning of the King)" said he, the
copies and treaties not only of 6 Edward IV, but duo sanctissimorum
fœderum antiquissimas tabulas," giving us the copies of the said
treaties, showing us the originals as before, concluding his speech
with "agemus vobiscum Germanice." Being thus possessed of three
treaties, the first whereof is the very foundation of all the leagues
concluded between both their Majesties' predecessors, and wanting
among them the record of the Tower (for Mr. Hennage in person,
his brother, and myself and others made search most diligently for
it), I said that seeing the demonstrations of the King's sincere
affection towards her Majesty, I was earnestly to request that those
copies so friendly delivered (for they implied the validity of the
whole cause) be deferred cum ipsis sacrosanctorum fœderum tabulis.
"That also," said the 'dictor' (the other Ambassadors consenting),
"shall I very gladly do ; for ascertained am I that none of my
colleagues can gratify you therein, for that benefit I obtained in
England" (he meant he had there learned to read the Secretary
hand). In reading he used great celerity and for examining great
slackness, desiring often to stay, where in a particle the copy disagreed
with the original. The treaty of 1432 finished he began to
read the other of 1444, Henry VI and Christiern King of Denmark
being confœderatores ; which I had certified under the broad seal,
but certified them not thereof. This ended, the treaty of 6 Edward
IV ensued, with the breach whereof the King charges her Majesty
in his letter of March 5, inserting there the article on which they
grounded the overthrow of the Russia navigation, which treaty I
had exemplified also. He 'posed' his accustomed haste, and I my
leisure, when I came to the 3rd article, wherein status causae consisted
(having a little before complained of weariness, accusing his
spectacles and naughty eyes) he read in great haste, Item serenissimus
rex Angliae provideat etc., ne subditi sui etc., nec etiam ultra seu
praeter Helgalandiam seu Finmarchiam (in poste) nisi Anglicos illos
etc., he was not so willing to 'begon,' but I hoping to reclaim him
well enough was as willing to let him run. That article and the
whole treaty ended the doctor began eftsoones to put us in remembrance
of the honourable dealing of the King and of their sincere
endeavour to advance amity between the princes, saying that it was
apparent that the English merchants' trade into Russia was totally
by this treaty overthrown, etc. His speech ended, settling my countenance
as one not thoroughly 'amased' nor perfectly resolved, I
rose, saying that my colleague and I would consult a little and anon
returned they also Doctor Hinck—triumphed [sic] I returned after a
while, and brought with me the King of Denmark's letters of March
5, anno 76. They being returned, "I find," quoth I "among
causes which breed controversies none to be greater than when
either one law is contrary to the other, when the law is repugnant
to equity, or when there is ambiguity in verbo." Perusing the letter
of the King where he citeth the said third article, by them now
read, he instead of their Ultra and praeter Helgalandiam reads ad
Helgalandiam. "Now," quoth I for caution, "learn not, but
remember for my sake, that in the whole bodies of the Civil and
Common law (and perhaps not in the Civil and Common laws alone)
you shall find for a maxim infallible, never to be any two words or
more which directly and substantially do consignify one thing.
Penes te and apud te may seem to do so, yet Ulpian says that one is
amplius than the other. "I never learned this rule," quoth I,"
"of any writer, but having reduced our laws to order and having of
the same gathered four books de Verborum quae ad jus civile
pertinent significatione I find my maxim to be most true." To conclude,
I prayed them to allow me to examine the originals as I had
the copies. True it is, that the night before our departure sundry
treaties which before could not be found were delivered me under
the broad seal ; but I promised them upon fidelity, not yet by me
perused, assuring them that if anything were there which might
advance the truth of the cause, it should not be by us concealed,
whereupon they consulted and said that such default as the writer
had committed we might amend : and the originals viewed.
Praeter and ultra were non inventi, but ad was there according to
the King's letters of credence to their commission. Taking leave
each of other we appointed to meet again the 12th of August. This
session lasted from 8 a.m. till 2 p.m.
On the 12th, bringing the exemplification of the treaties under
the great seal, and three copies of the treaties of 13, 16, and 13
Edward IV and Christierne King of Denmark with us a part being
derogatory to theirs, we certified them that as the King and they
had communicated to us such treaties as by her Majesty's letter of
March 5 were wanting, so now certain her Majesty's ministers being
in high displeasure for the said default, having for avoidance thereof
after search found not only those but all other treaties that had
been concluded by their Majestys' predecessors, we were upon our
allegiance enjoined that in case the King's Ambassadors wanted any
treaty which we had, they should by all means by us be therewith
furnished ; wherefore for the 3 treaties we delivered them 3 other
treaties derogatory, and for that sincere and frank dealing never
ought to be answered without interest, 3 other treaties should have
been delivered to them had we not been by scarcity of time prevented.
They received the treaties, conferred them to the uttermost
of their satisfaction, marvelling at the number of the treaties,
thanking us, arose, consulted and returned, and said the treaties
were only Induciae and not deroqatoriae. "Induciae," quoth I.
"sunt cum in breve aut in praesens tempus convenit, ne invicem se
lacessant ; but these treaties are of contrary nature." "Well,"
quoth the doctor, "seeing that you have the treaties, we pray you
to make us privy of your resolutions." "My resolution is," quoth
I. "according to very strait charge given me, neglecting all gain
which merchants may get by the Russia trade, to see that her
Majesty be not touched in honour with any breach or colour of
breach of 'Trevewes.' Wherefore," quoth I, "Mr. Doctor, and the
rest of the Ambassadors, we are very affectuously to request you to
execute three things :
First to commit to writing the points of which this collquy
shall consist. Secondly that such articles of the treaties as confirm
your intention be set down by you. Thirdly, that
if you are furnished in law, you will commit it to writing
also : which being done stasis or dijudicatio will presently
ofFer itself to us. The doctor replied, and said perpmptorily he had
contrary instructions and would neither allege nor hear law. Which
reply, in our opinion over slender and impertinent, minding further
to decipher them, addressing the rest of the Ambassadors we persisted
in that point, urging them in such sort that Rosencrantz and
Rantzow, half offended with the doctor, rose and consulted a long
time, returning that the King's mind was rather to decide the controversy
ex œquo et bono than de jure.
Endd. : Instructions given to D.[i.e., Dr. John] Rogers at his
voyage in Denmark. (Probably a clerk's copy.) 6 pp. [Denmark
I. 3.]
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[? Aug,
1577.]
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172. Necessary Considerations for HER MAJESTY.
First, to consider of what value those leagues are that she has at
present with the princes her neighbours. Secondly, whether her
state stand so sound at home that she needeth not to be strengthened
with foreign aid. Lastly, if she need foreign assistance, whether
this League that is offered be not such as is fit to be embraced.
Objections and solutions touching the entrance into
league defensive with the Princes of Germany.
Ob. 1. Experience shows that leagues do rather harm than good ;
since the aid promised is commonly either given out of season, or
not so amply as is provided for.
Sol. 1. That happens when one party is insincere and only wishes
to weaken the other, as in the case of the league between Spain and
the Venetians. But this league regards not only conservation of
dominion but preservation of liberty of conscience, 'for the wars of
this our age are drawn to such extremity as the contention is not who
shall reign but who shall live."
Ob. 2. The entrance into league with the Princes Protestant in
Germany will provoke the Papists to make a counter league and will
breed a dangerous division in Europe.
Sol. 2. The conference at Bayonne and the secret decree of the
Council of Trent for the rooting out those of the religion, whereof
there has already broken out some execution in France, will show
that that league is not now to be made ; which should have well
appeared if God had not entertained the two great Monarchies with
some troubles. But even if it were not so, considering how greatly
the two Monarchies are offended with this crown, though at present
they dissemble the same having their hands full at home, I think no
man of judgement but will think it good policy for her Majesty to
strengthen herself by a foreign friendship. Besides, the league
being defensive can justly offend no man but such as list to quarrel
without cause.
Ob. 3. The princes that offer to join the league do not accord in
all points of their religion.
Sol. 3. The differences and hot contentions which many years
since reigned in Germany about the matter of the Sacrament are so
well appeased through the wise and discreet dealing of the Count
Palatine, that they now see how necessary a thing it is to lay aside
home contentions and join in a common defence against their
foreign enemy the Pope. It is by experience daily seen that when
two brethren are at variance a third person assailing them draweth
them to accord. Not many years past the Cardinal of Lorraine
sought to make profit of their divisions in opinion, thinking to have
set them together by the ears, but his malice being espied in time
his purpose was frustrated.
Ob. 4. The duke of Saxony, most powerful among the German
princes, is not of those that offer to join in this league, and therefore
it cannot be as strong as is pretended.
Sol. 4. The duke of Saxony is a mighty prince in respect of his
treasure and number of horsemen ; but another way he is weak,
being deadly hated of his subjects, both in respect of the enterprise
of Gotha as also through the grievous impositions he lays on his
vassals. Yet there is hope, both in respect of religion as also for the
amity that he bears the Count Palatine, that when he is assured that
her Majesty will enter into the league he will be drawn to join it.
Yet without the duke of Saxony the associates can put into the field
within three weeks' space 10,000 horsemen and 30,000 footmen, and
yet none yield a third part of their forces.
Ob. 5. The help and assistance that may grow that way is too far
off to take any great profit thereof, especially if her Majesty should
need it for the suppressing of inward broils.
Sol. 5. Princes take as much profit from their colleagues' aid in
employing it to divert their enemies' forces as otherwise, as may
appear from the use that France has had both of the Scottish and
Turkish leagues, one against us and the other against the house of
Austria. And as for distance, the town of 'Breame' by the seaside
is one of those towns that desire to be comprehended in the
league, whence her Majesty may transport such forces by sea as she
shall think expedient. Most of the nobility of Friesland also desire
to be comprehended in it.
Ob. 6. The League will be chargeable in respect of the money
that is to be contributed.
Sol. 6. That charge is well employed that purchases safety. It
is not enough for princes to seek to increase treasure ; but they
should use such means as may conserve their states, especially
having enemies at home and abroad.
Ob. 7. What security will her Majesty have of recovering
such part of her contribution as shall remain unemployed when the
time of the League expires?
Sol. 7. First, Bremen, where the common fund is to be kept, is
sound in religion. Secondly, it is thought impregnable. Thirdly,
no free town would dare by insincere dealing to incur the enmity
of so many powerful princes. Lastly, as to her Majesty's security
for recovering it, she has good means for that, since they of Bremen
are members of the Steelyard.
These are the chief objections that require answer. It remains
to show the advantages.
1. Her Majesty will receive a large accession of forces if either
Spain or France list to annoy her.
2. She will much content the Scottish nation, who desire this
league for the common defence of religion ; whose friendship is not
lightly to be weighed.
3. She shall bear a great stroke in the election of the Emperor,
which if she shall remove out of the House of Austria she shall
cause the King of Spain to make more account of her friendship,
without which he shall not be able to keep the Low Countries.
4. The fear of this League will cause the King of Spain to give
some order for the appeasing of the troubles in the Low Countries,
whereby the ancient traffic may be restored to the benefit of both
countries.
Lastly, her Majesty shall be adorned with the title of patron of the
League, yielded before by the said princes to her father of most
noble and famous memory, King Henry VIII.
4½ pp.
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