THE MANNER OF PROCEEDINGES WITH THE MASTER OF GRAY, THE heads of the motions to be made vnto her Maiefty. What answere to his propofitions. THE MASTER OF GRAY. 1. To stay attempts Bordours. 2. The removeinge of the diftreffed Noblemen. 3. Satiffaccion fpoyled by fea. 4. The late enterprise against Martine Elwood. To stay the forces demaunded by Sarle Boye. Mr Coluill to be fent to the Noblemen with reliefe. MONSIEUR NAU.2 Some to be appointed to treate and to refolue vpon the Articles. The Articles being agreed on, Nau to be returned, and vpon knowledge of the Queene by takeing of them, Commiffioners may be fent thither with authoritye to conclude. Nau to be fent firft into Scotelande to deale with the Kinge for his affent. 1. To ioyne in triple legation. FRENCH AMBASSADOR. 2. Tomove that he might be sent into Scotlande. 1. Proteftacion, finceare dealeinge. 2. Make tryall of Naus voyage into Scotlande. 3. Keepe fecret affurance giuen by them to the Queen. 4. Letters charge Master of Gray importunacy, Rebells before Counsell. 5. Charge Master of Gray before Counfell. 6. Letters Arrane. 1 Cott. MSS. Calig. C. VIII. art. 133, fol. 160. • Mons. Nau, French Secretary to Queen Mary, by whom he had, at this time, been sent to negociate with Queen Elizabeth. See his propositions, and Elizabeth's answers, in the Appendix to Robertson's History of Scotland, No. 44. THE LORDS OF THE COUNSELLS ANSWER TO CERTAINE NOTES PROPOUNDED BY THE MASTER OF GRAY, AMBASSADOUR.1 THE Queens Maieftye, beinge willing to yeld contentment vnto the King her good brother, and to avoyd the inconvenience that may fall out, by the daylie fpoyles comitted vpon the Borders of eyther realme, hath comanded that prefent order shalbe giuen vnto the Wardens, for the stay of all attemptis and incurfions to be hereafter made vpon any of the fubiects of the faid Kings inhabeitants vpon the Borders, in hope that the faid King, as his Ambaffadour hath promised, will take the like order for the oppofite Borders of Scotland. And in cafe the Wardens of Scotland would, according to th'offers fvndry tymes made by her Maieftys Wardens, haue vndertaken to haue yelded fatiffaccion for fuch fpoyles, as were often tymes orderly demanded according to the treaties, thofe late incurfions and spoyles, done in hostile forte, had not bene committed. For the avoydeinge whereof in tyme to come, her Maieftye hath willed, that prefent order fhalbe giuen that her Wardens fhall meete more frequently with the oppofite Wardens of that realme, then of late yeres they haue done, though indeede by the default of the Wardens of Scotland, with exprese comaundment to yeld fatiffaccion for fuch fpoyles and attemptis as boeth haue and shalbe hereafter comitted, according to the treatyes. And doeth further alfo afent, that for fuch caufes of difficultyes as cannot conveniently receaue ordinary redreffe by the wardens, the fame fhalbe referred over to be heard and determyned by efpeciall comiffioners, to be chofen by boeth their Maiefties. And for the removeinge of the ieloufie that is, by the Ambaffadours reporte, conceaued by the fubiectis of boeth realmes through late incurfions and spoyles that haue bene on boeth fides, and no redreffe yelded by ordinarye iuftice, that this hard and violent courfe may in th'ende breake out into fome publique and open hoftilitye, her Maieftye will caufe it, out of hands, to be notified to her faid fubiectis dwellinge vpon the Borderis 'Cott. MSS. Calig. C. VIII. art. 131, fol. 158. by proclamacion, how defireous she is that the good amitye betwene the Kinge and her shall continue. And least there should growe any interrupcion thereof, by the particuler revenges that are daylie taken, which cannot otherwyfe be avoyded, that boeth her Maieftys and the Kings meaneinge is, that by more frequent meteing of the Wardens, then of late yeares there hath bene, there may redreffe be made according to ordinary course of iuftice agreable with the treaties. Touching the spoyles of late yeres, faid to be comitted by fea, vpon the fubiectis of the faid King by certaine English Pirates, her Maieftye hath alwayes offred, as alfo performed, on her behalf, afwell by procedeinge, accordinge to the ordinary courfe of iuftice, against such as haue comitted the faid fpoyles, as alfo in caufeinge reftitucion to be made of fuch goodis, as haue bene duly proved to appertaine to any of the Kinges fubiectis, wherefoeuer they haue bene found, which is as much as ane Prince is bound to performe by the lawe of nacions. And yet, to make her good will, boeth to the King and his fubiectis more apparent, fhe hath not onely extended an extraordinary fauour to the faid Kings fubiectis, aboue all other Princes fubiectis her neighbouris, by yeldinge vnto them towardis their fatiffaccion the benefiet of all fuch mulctis and fines as haue bene generally impofed vpon fuch as haue bene found to be eyther adyris or abettours of pirates, but hath alfo extended her liberalitye vnto divers of the faid realme, that haue bene recomended vnto her by the faid Kinge, in respect of fuch loses, as they pretended to haue sustayned, without infiftinge vpon fuch exact proufe of their lofes, as by ordinary course of iuftice is requyred. And as to urging fuch others, as haue made due profe thereof before the ordinarye judge of this realme, for many causes of such lofes as they haue fuftayned, and haue not as yet receaued any satisfaction, there shalbe order giuen, that fuch perfons, as by the fame proufis shalbe any way found culpable, shall yeld fatiffaccion, so farre furth as may ftand with the lawes of this realme. And although no further matter may be craved at her Maieftys handis, by any order of iuftice, then is conteyned in the faid answere, yet her Maiefty, vpon the speciall confideracion and care the hath to gratifie the King, is pleased to continewe the imployeinge of the benefiet of the said mulctis and fines Ꭰ impofed vpon delinquentis, that otherwife fhuld growe to her owne coffers, vpon fuch of the faid fubiects as fhalbe recomended vnto her, from tyme to tyme, by the faid Ambaffadour, in hope that he will procure the like iuftice to be done to the fubiectis of this realme, that haue bene lately fpoyled by Scottish Pirates, as by a note thereof deliuered to him may appere. And as touchinge the requeftis for order to be giuen in the portis for fuch ftay of pirates, both her Maiefty hath already had, and alfo will hereafter haue, such care the order be kept, as is defired. As touchinge the recepcion of fuch, as the faid Ambaffadour tearmeth declared rebellis and traytours, (a matter he hath aboue all other fo vehemently profecuted), her Maiefty protefteth, that if the thought them guilty of any intent any wayes to attemptat any thinge against the Kings owne perfon, fhe would not onely have forborne to haue fuffred them to come within any her dominyons, but would have proceded against them with all feueritye, as against fuch as fhuld have fought to attempt any thinge against her owne perfon. But beinge perfwaded, as fhe is in her owne confcience, vpon many circumftances, that the matters, wherewith the King chargeth them, hath proceded onely of particuler quarrellis and foodes betwene them and other fubiectis in that realme; a thinge that hath fallen comonly out in the minoritye of younge kingis, when, for laik of abfolute authoritye, fubiectis doe enter into their particuler revenges, not fubmittinge themfelues to ordinarye courfe of juftice; and yet notwithstanding, for the removeinge of the iealoufies that the Kinge, her good brother, hath conceaued through their aboade fo nere his frontyers, her Maieftye will giue prefent order for their remoue from thence to fome fuch place as fhall avoyde all fufpicion, where they shalbe also advised to remaine in quiet forte, vntill such tyme as her Maieftye shall vnderstand the Kinges further meaneinge touchinge the faid lordis, from the faid Ambaffadour. Laftlie, touchinge Martin Elwoods late informacion, the act whereof he complayneth hath bene done by the two Wardens of the weft and middle Marches, without eyther direction or privitye of her Maieftys felf, or of her Privye Counfell. Yet the faid Wardens, vpon fome doubt conceaued that fome informacion would be giuen against them, haue offred to iuftifie their doeings, as conftrayned thereto of neceffity, through diuers and fondry spoyles comitted vpon her Maieftys fubiectis, within her feuerall wardenryes, by the said Martin and his asociates, beinge a principall maintaynour of all difordered perfons, whereof no redrefe could be obteyned, though the fame was, by the faid Wardens, demaunded: notwithstandinge, such is her Maieftys care to fatiffie the King, as she is content that, at the next intended meteinge of the comiffioners, the faid attempt nowe compleyned of shalbe boethe examined and ordered by them. ANSWERS TO CERTAINE PROPOSICIONS AND REQUESTS IMPRIMIS, as concerninge the Articles, creaveinge the reftitucion of goodis taken by English Piratis, which are founded vpon certayne decretis obteyned, and proban deduced, before competent iudges of this realme, it is moste certaine that amongst all nations pyratis are accompted hoftes publicj, and therefore fhould be punished accordinglie, if they can be comprehended, and the goodis fpoyled by them, wherefoeuer it can be founde, shuld be restored; which her Maieftye hath not onely performed to the fubiectis of the realme of Scotland, but also of her owne proper goodis, hath bountifully, with out any proban deducet, or any forme of proceding by order of iuftice vfed, caufed fatiffaccioun to be made to diuers inhabitantis of that realme, which is more then of iuftice could haue bene craued. And yet notwithstanding, if any fubiectis of that realme shall haue to complaine of any iniuftice, vpon fpeciall informacion giuen thereof, equitable order shalbe giuen for their fatiffaccion, accordinge to iuftice. As concerninge any decretis alledged obteyned and not satisfied, if that any fuch decretis fhalbe produced against any speciall perfons, the said shall 1 Cott. MSS. Calig. C. VIII. art. 132, fol. 159. As this and the preceding article vary in several particulars, it has been thought advisable to print both, it being doubtful which of them was the answer finally given to the Notes of the Master of Gray. |