same shall be here out of hand; these that think themselves of equal force with their contrary faction at home, or rather an overmatch to them, yet not able to encounter with the forces of another Prince rather than yield to their inferiors, will, I fear, take advice of necessity, and evill councillors, and seek also the maintenance of some foreign Prince, whereby Her Majesty (altho' no further inconvenient were to be feared) must be driven to excessive charges, and it would appear there were a conspiracy of all the elements at one time to set us together by the ears, for now, when the rumour of your forces coming towards the border is spread abroad, even at the same time is arrived at Dumbarton, a galzeon with a messenger sent expressly from the King of France, to that part of the nobility that favours the Queen, to learn the state of the country, and what support they lack or desire, either for furtherance of her affairs, or for their own safety; assuredly this message will be well received, and suffered accordingly, this is the present state of Scotland. Now, if Your Lordship would also know my opinion, how to choice the best, as the case standeth; I will in that also satisfie Your Lordship I am required from them to deal plainly, and Your Lordship shall judge wither I do so or not; for I think it plain dealing, when I simply utter my judgment, and go not about to disguise my intents. I trust the Queen's Majesty hath a desire to retain at her devotion the realme of Scotland, which she hath gone about to purchase, with bestowing great charges, and the loss of some of her people; this desire is honourable for Her Highness, profitable for both the countreys, and of none to be disallowed; especially if it be (as I take it) to have the amity of the whole realm, for it is not a portion of Scotland can serve her turn, nor will it prove commodious for her to suit the friendship of a faction of Scotland, for in so doing, in gaining the best, she may lose the more, and the same would bring all her actions with us in suspicion, if she should go about to nourish factions amongst us, which meaning I am sure never entered into Her Majesty's heart; then if it be the friendship of the whole she doth demand, let her not, for pleasure of one part, go about to overthrow the remnant, which will not be so faisable, as some may give her to understand; but rather by way of treaty, let her go about to pacify the whole state, bring the parties to an accord, reduce us all by good means to an uniformity, so shall she give us all occasion to think well of her doings, that she tendeth our wealth, and provoks us universally to wish unto Her Majesty, a most prosperous continuance; by the contrary, if, for the pleasure of a few, she will send forces to suppress these whom they mislike, and so consequently offend many; men be not so faint hearted, but they have courage to provide for their own safty, and not only will embrace the means partly offered, but will also procure further at the hand of other Princes. This for mine own part, I do abhorr, and protest I desire never to see forces of strangers to set foot within this land, yet I know not what point necessity may drive men into, as if men in the middle of the sea were in a ship, which suddenly should be set on fire, the fear of burning would make them leap into the sea, and soon after the fear of the watter would drive them to cleive again to the fired ship, so for avoiding present evil, men will many times be inforced to have recourse to another no less dangerous. Trust me, forces will not bring forth any good fruit to Her Majesty's behove, it must be some way of treaty shall serve the turn, wherein by my former letters Your Lordship doth know already what is my judgement; you see how plainly I do write, without consideration in what part my letters may be taken, yet my hope is that such as will favourably interpret them, shall think that Í mean as well to Her Majesty and that realme, as these that will utter other language. I wish the continuance of the amity betwixt the two contrys, without other respect, and will not conceal from Her Majesty any thing, to my knowledge, tending to the prejudice thereof; if I shall perceave Her Majesty taking frank dealings in evil part, I shall from thenceforth forbear; in the mean season, I will not cease to trowble Your Lordship, as I shall have occasion to write, and so I take my leave of Your Lordship.

No. XXXV. (p. 208.)

Letter of Queen Elisabeth to the Earle of Susseks, July 2d, 1570.

[Calderw. MS. History, vol. 2. p. 189.]

RIGHT trusty and well beloved cousin, we greet you well; this day we have received your letters of 28 the last month, with all other letters, sent from Scotland, and mentioned in your letters, whereunto answer is desired to be given before the tenth of this month; which is a very short time, the weightiness of the matters, and the distance of the places considered; nevertheless we have, as the shortness could suffer it, resolved to give this answer following, which we will that yow, by warrand hereof, shall cause to be given in our name to the Earl of Lennox and the rest of the noblemen conveend with him. Where it is by them, in their letters, and writings alleg'd, that for lack of our resolute answer, concerning the establishing of the regiment of the realm, under their young King, great inconveniences have happened, and therefore they have deferred now at their last convention to determine of the samine, who shall have the place of governour, until the 21st this month, before which time they require to have our advise, in what person or persons the government of that realm shall be established, we accept very thankfull the goodwill and reputation they have of us, in yielding so frankly to require and follow our advise in a matter that toucheth the state of their King, theirselves, and realm so near, wherein as we perceive that by our former forbearing to intermeddle therein, they have taken some discomfort, as though that we would not have regard to their state and suerty, so on the other part, they of their wisdoms ought to think that it might be by the whole world evil interpreted in us to appoint them a form of government, or a governour by name, for that howsoever we should mean well if we should do so, yet it could not be without some jealousy in the heads of the estate, nobility, and community of that realm, that the government thereof should be by me specially named, and ordain'd; so as finding difficulty on both parts, and yet misliking most that they should take any discomfort by our forbearing to show our mind therein, we have thought in this sort for to proceed, considering with ourselves how now that realm had been a good space of time ruled in the name of their King, and by reason of this base age, governed heretofore by a very careful and honourable person, the Earle of Murray, untill that by a mischievous person (an evil example) he was murdered, whereby great disorder and confusion of necessity had, and will more follow, if determination be not made of some other speciall person, or persons, to take the charge of governour, or superior ruler speciall for administration of law and justice, we cannot but very well allow the desire of these Lords to have some speciall governour to be chosen; and therefore being well assured that their own understanding of all others is best to consider the state of that realm, and to discern the abilities and qualities of every person meet and capable for such a charge, we shall better satisfie ourselves, whom they by their common consent shall first choose, and appoint to that purpose, than of any to be by us aforehand uncertainly named, and that because they shall perceave that we have care of the person of their King, who by nearness of blood, and in respect to his so young years, ought to be very tender and dear to us, we shall not hide our opinion from them, but if they shall all accord to name his grandfather, our cousin, the Earl of Lennox, to be governor alone, or jointly with others, (whom we hear to be in the mean time by their common consent appointed Lieuten nt-general) reason moveth us to think that none can be chosen in that whole realm that shall more desire the preservation of the King, and be more meet to have the government for his safety, being next to him in blood of any nobleman of that realm, or elsewhere; and yet hereby we do not mean to prescribe to them this choice, except they shall of themselves fully and freely allow thereof; furthermore we would have them well assured that whatsoever reports of devises are, or shall be spread or invented, that we have already yielded our mind to alter the state of the King or government of that realm, the same are without just cause or ground by us given, for as we

have already advertized them, that although we have yielded to hear, which in honour we could not refuse, what the Queen of Scots on her part shall say and offer, not only for her own assurance, but for the wealth of that realm, yet not knowing what the same will be that shall be offered, we mean not to break the order of law and justice by advancing her cause, or prejudging her contrary, before we shall deliberately and assuredly see, upon the hearing of the whole, some place necessary, and just cause to do; and therefore finding that realm ruled by a King, and the same affirmed by laws of that realm, and thereof invested by coronation and other solemnities used and requisite, and generally so received by the whole estates, we mean not by yielding to hear the complaints, or informations of the Queen against her son, to do any act whereby to make conclusion of governments, but as we have found it, so to suffer the same to continue, yea not to suffer it to be altered by any means that we may impeshe, as to our honour it doth belong, as by your late actions hath manifestly appeared, untill by some justice and clear cause, we shall be directly induced otherwise to declare our opinion; and this we would have them to know to be our determination and course that we mean to hold, whereon we trust they for their King may see how plainly and honourably we mean to proceed, and how little cause they have to doubt of us, whatsoever to the contrary they have or shall hear; and on the other part, we pray them of their wisdoms to think how unhonourable and contrary to all human order it were for us, when the Queen of Scotland doth so many ways require to hear her cause, and doth offer to be ordered be us in the same as well for matters betwixt ourselves and her, as betwixt herself and her son and his party and that realm, against which offers no reason could move us to refuse to give ear, that we should aforehand openly and directly, before the causes be heard and considered, as it were, give a judgment or sentence either for ourselves or for them whom she maketh to be her contraries. Finally ye shall admonish them, that they do not, by misconceiving our good meaning toward them, or by indirect assertions of their adversary, grounded on untruths, hinder or weaken their own cause, in such sort, that our good meaning towards them shall not take such effect towards them as they shall desire, or themselves have need of. All this our answer ye shall cause be given them, and let them know that for the shortness of time, this being the end of the second of this month, we neither could make any longer declaration of our mind, nor yet write any several letters, as if time might have served we would have done. 2d July, 1570.

No. XXXVI. (p. 208.)

The Bishop of Ross to Secretary Lidington from Chattisworth.

[15th June, 1570.]

I HAVE received your letters dated the 26th of May, here at Chattisworth, the 10th of January, but on the receipt thereof I had written to you at length, like as the Queen did with my Lord Livingston, by which you will be resolved of many points contained in your said letter. I writ to you that I received your letter and credit from Thos Cowy at London, and sent to Leicester to know the Queen of England's mind, whether if you should come here or not He sent me word that she will no ways have you come as one of the commis sioners, because she is yet offended with you; and therefore it appears good tha ye come not hither, but remain where you are, to use your wisdom and diligence, as may best advance the Queen's affairs, for I perceive your weill and safety depends thereon, in respect to the great feid and ennimity born against you by your Scots people and the great heirship taken of your father's landis; botk were sure demonstrations of their malice. Yet I am encouraged by your stou? and deliberate mind. Assure yourself no diligence shall be omitted to procurs supports forth off all parts where it may be had. We will not refuse the aid neither of Papist, Jew, nor Gentil, after my advice; and to this end, during this treaty, let all things be well prepared. And seeing my Lord Seaton is desirous to go into Flanders, the Queen thinks it very necessary that he so do, for the Duke D'Alva has gotten express command of the King of Spain to give support, ard I am sure that there he shall have aid both of Flanders and the Pope,

for it abides only on the coming of some men of countenance, to procure and receive the same. He must needs tarry there, on the preparations thereof, during the treaty, which will be a great furtherance to the same here. The Queen has already written to the Duke D'Alva for this effect, advertizing of his coming; there is certain sums of money coming for support of the Englishmen, as I wrote to you before, from the Pope. Whereupon I would he had a general commission to deal for them, and receive such sums as shall be given. The means shall be found to cause you be ansuerit of the sums you writ for, to be dispoisit upon the furnishing of the castle of Edinburgh, so being some honest and true man were sent to Flanders to receive it, as said is, which I would you prepared and sent. Orders shall be taken for the metals as you writ of. We have proponit your avyce in entring to treat with the Queen of England, for retiring of her forces puntyally for lack of aid. Your answers to the Englishmen are tho't very good, but above all keep you weill out of their hands, in that case, estote prudentes sicut serpentes. You may take experience with the hard dealing with me, how ye would be used if ye were here, and yet I am not forth of danger, being in medio nationis pravæ; alway no fear, with God's grace, shall make me shrink from Her Majesty's service. Since the Queen of England has refused that you come here, it appears to me quod nondum est sedata malitia amorreorum, &c. and therefore if Athol or Cathenes might by any means be procured to come, they were the most fit for the purpose. Rothes were also meet, if he and I were not both of one sirname: so the treaty would get the less credit either in Scotland or here. Therefore avys, and send the best may serve the turn, and fail not Robert Melvil come with them, whoever comes, for so is the Queen's pleasure; in my last packet, with James Fogo, to you, in the beginning of May, I sent a letter of the Queen's own handwriting to him, which I trust ye received. I am sorry ye come not, for the great relief I hoped to have had by your presence, for you could well have handled the Queen of England, after her humour, as you were wont to do. The rest I refer to your good wisdom, praying God to send you health. From Chattisworth, the 15th of January.

No. XXXVII. (p. 216.)

The Declaration of John Cais to the Lords of Grange and Lethington zoungare upon the 8th day of Oct. 1571.

WHEREAS your desire to know the Queen's Majesty's pleasure, what she will do for appeasing of these controversies, and therewith has offered yourselves to be at her commandment, touching the common tranquility of the whole isle and the amity of both realms; her pleasure in this behalf, that ye should leave off the maintenance of this civil discord, and give your obedience to the King, whom she will maintain to the uttermost of her power.

And in this doing, she will deal with the Regent and the King's party to receive you into favour, upon reasonable conditions for security of life and livings. Also, she says that the Queen of Scotts, for that she has practised with the Pope and other Princes, and also with her own subjects in England, great and dangerous treasons against the state of her own country, and also to the destruction of her own person, that she shall never bear authority, nor have liberty while she lives.

If ye refuse these gentle offers, now offered unto you, she will presently aid the King's party, with men, ammunition, and all necessary things to be had, against you.

Whereupon Her Majesty requires your answer with speed, without any delay.

No. XXXVIII. (p. 221.)

Articles sent by Knox to the General Assembly, August 5th, 1572.

[Calderw. MS. History, 2. 356.]

FIRST, desiring a new act to be made ratifying all things concerning the King and his obedience that were enacted of before without any change, and that the ministers who have contraveend the former acts be corrected as accordeth. VOL. III.-52

That sute be made to the Regent's grace and nobility maintaining the King's cause, that whatsoever proceedeth in this treaty of peace they be mindful the kirk be not prejug'd thereby, in any sort, and they especially of the ministers that have been robbed of their possessions within the kirk during the time of the troubles, or otherwise dung and injured, may be restored.

To sute at the Regent, that no gift of any bishoprick or other benefice be given to any person, contrary to the tenor of the acts made in the time of the first Regent of good memory, and they that are given contrar the said acts, or to any unqualified person, may be revoked and made null be an act of secret council, and that all bishopricks so vacand may be presented, and qualified persons nominat thereunto, within a year after the vaking thereof, according to the order taken in Leith be the commissioners of the nobility and of the kirk in the month of January last, and in special to complain upon the giving of bishoprick of Ross to the Lord Methven.

That no pentions or benefices, great or small, be given be simple donation of any Lord Regent without consent of the possessor of the saids benefices having tittle thereto, and the admission of the superintendent or commissioners of the province where this benefice lyeth, or of the bishops lawfully elected according to the said order taken at Leith; and desire an act of council to be made thereupon until the next Parliament, wherein the samine may be specially inacted, with inhibition to the lords of session to give any letters or decreets, upon such simple gifts of benefices or pentions not being given in manner above rehearsed, and that the kirk presently assembled declare all such gifts null so far as lyeth in their power.

That the first form of presentation to benefices, which were in the first and second Regents' time, be not chang'd as now it is commonly; but that this clause be contained in the presentation, that if the persons presented make not residence, or be slandrous, or found unworthy either in life or doctrine be the judgment of the kirk (to which alwise he shall be subject) or meet to be transported to another room at the sight of the kirk, the said presentation and all that shall fall thereupon shall be null and of no force nor effect; and this to have place also in the nomination of the bishops.

That an act be made in this assembly that all things done in prejudice of the kirk's assumption of the third, either by Papists or others, by giving of fews, liferents, or taks, or any otherwise disponing the said assumed thirds, be declared null with a solemn protestation the whole kirk disasenteth thereto.

That an act be made decerning and ordaining all bishops, admitted to the order of the kirk now received, to give account of their whole rents, and intromissions therewith once in the year, as the kirk shall appoint, for such causes as the kirk may easily consider the same to be most expedient and necessar.

Anent the jurisdiction of the kirk, that the same be determined in this assembly, because this article hath long been postpond to make sute to the Regent and council for remedy against messengers and excommunicate persons.

Last, That orders be taken anent the procurers of the kirk, who procure against ministers and ministry, and for sutting of justice of the kirk's actions in the session.

No. XXXIX. (p. 223.)

Declaration of Henry Killigrewe, Esq. upon the Peace concluded the 23d.

February, 1572.

Be it known to all men, by these presents, that I, Henry Killigrewe, Esq. ambassador for the Queen's Majesty of England, Forasmuch as, at the earnest motion and solicitation being made to me, on her Highness's behalf, there is accord and pacification of the public troubles and civil war within this realm of Scotland agreed and concluded, and the same favourably extended towards the Right Honourable George Earl of Huntly, Lord Gordon and Baidzenoch, and the Lord John Hamilton, son to the Duke's Grace of Chastellarault, and commendatour of the abby of Abirbrothock, for the surety of the lives, livings, honours, and goods of them, their kinfolks, friends, servants, and partakers, now properly depending on them; in treating of the which said pacification,