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Editorial comments:
BL MS Cotton Caligula C III f. 178r - 181v. William Herle to Lord Burghley. Perpendicular in the left hand margin of fol. 178r is the endorsement '19 April 1571' in an unknown hand. 
Address Leaf:
[Superscription:] [T] o the right honorable mi good Lord, the Lord of Burghley, her Majestis [P] rincipall Secretory give these Cito ito ito
[Endorsement by unknown hand:] William Herle Charles Malachias the booke etc.
[Endorsement by Burghley:] L Cobham pur
Letter Text:
[fol. 178r] 19 Aprill 1571

yesterday mi Lord, uppon the stay of Melchior & Mattinson, I comuned with Ma [tt] inson (with whom I was familier uppon Charlles first apprehensyon) who wondred he sayd of so grett injustice & extremitye as was used, contrary to all forme of Lawe, & contrary to reson her self, which occasion ministred, I axed the cawse of Charlles comitteng, whye the matter was so hevye against those that only cam to se hym, confirmeng that our eqwitye was small, wherof I & another gentyllman ^were^ [ deleted: beco] good examples, having bin so long detayned for no cawse, & hable to be charged noway, nott yett knowing whye we shold thus violently ^be^ punished. By my trothe sayth he, if ani knavery be rife in the world & comunely excersised under the habite of justice & State, it is here in England, & for Charlles I will shew you the whole truthe, which may satisfye you the more. The sayd Charlles is borne in Bruxelles & hath served the Q. & the Bishop well ny these vij yeres, & especially employed, in these latter yeres very much in the Q. busynes, for as he is a propper man, so is he verey diligent & faythfull, suche vertues as Princes most embrace, which Charlles desirows now to visite his frynde in the Lo [w] Contrey (where he [ deleted: hath] ^had^ nott bin of long tyme) & partly to supply som wants that he had, axed leve (saith he) of mi Lord of Rosse to reppaire thither, who w [ ... ] contented licensed his departure, Butt Charlles being of the other syde, mett with on hamellton a servant of the Q. who intreated hym in the Q. name, whatt busynes soever he had otherwise, to retorne with a certayn male into England & with some speciall messaige, which conserned the Q muche to have, wheruppon Charlles as a zelows servant to his mistres, Lefft his own cawses, bringing the male over & yett ignorant whatt it conteyned, who att his arrivall was stayed & brought to the Lord Cobham & examined, which Lord findeng small cawse against hym, mynde [d] to discharge hym, yett till he had pawsed further sent hym to on Legos howse the porter of the Marshallsea, to be kept there on night under payne of xlli prete [n] ding therby as though it were som actyon against Charlles, butt the Porter contrary to the Lord Cobhams order, brought hym straight to the marshallsea, wheratt he was noles moved, than thought som grett wrong don to hym, to have his prisoner comitted close, butt marvaileng more whence this sodain intelligence shold procede to the Cowncell, whom otherwise he had ment to have discharged affter a daye or ij att th'uttermost, & being sollicited by mi Lord of Rosse & us (saith Mattinson) he sent in grett choler for the Porter, who excused he had non other [fol. 178v] place [t] han the Marshallsea ^to kepe hym in saffely^ & that he was ignorant how he was made close prisoner butt by a warrant from the Cowncell as he hard by the keper, of the prison. Now [ deleted: procedes he] for the thyngs that were in the male they were only bookes, & suche as mi Lord of Rosse avowed to the Q. Majestie to be his own doing, nether was it new matter, butt well knowen a xij moneth since, wherof on booke treated of the Skottishe rebelles, & of the dutye of the subject to the Prince, & what poyson it was to mayntayne them or partake with them, inveighing against the Sturrers of Comotyons & directyng the markes to our mistres (as it shold seme bi his speche) Another booke was, of the Scottishe Quenes titell to the Crowne of England, which was so stuffed with good arguments, grett reson & plenty of our Comune Lawes, as mi Lord Keper shold say unto the Bishop of Rosse in waye of examinacyon, mi Lord he was skillfull in our Lawes that made this booke, which yf your L. so avowe for your worke ye had good ayd therunto, & were verey necessary to be knowen, to whom the Bishop repplyeng that ^this^ was his own worke withowt ayd of other, alledging that no Lawes nor scyens was so hard, butt that as diligent a man might attayn to, therfore tyme had towght hym & the frowardnes of menes procedings to lerne the best deffences & helpes that he cowd to a good cawse. Then I enqwired whatt other bookes ther were, which he answerd that there were sondry, butt he passed them over in suche maner, as though he wold kepe that to hym self, which by good occasion I sought twise or thrise to vnderstand, butt he still turned to som other matter. Affter supper I was in hand with hym agayn marvayleng that the scottishe Q. was so long detayned ^having so grett frinds^ & her delyvery so offten att hand & yett still defferred; wherunto he sayd that the Q. of England had broken so mani promises, & abused her [ deleted: so often] & the frenche king ^so offten^ as there was nether honor nor fidelity in her, & yett can your Q. say (saith he) God forbid that mi Cosine of Scottland shold be kept prisoner by me, or her right to this crown succession hindred, or yett her rebelles mayntayned to the wasting of her contry & revenewes, butt fye (saith he) & affart withall for those words, which ar so full of untruthe & infidelity, for she & the Cowncell have cawsed the frenche ambassador to wryte uppon all honor, faith, & assurance, that the Q. shold be delivered, & that she shold be sett into her kingdom with a grett power to repos [e] her own, & to chastice all her rebelles, thus temporizeng from tyme to tyme [fol. 179r] & putting of the frenche power that shold have bin sent into Scottland, wherby whole somers have bin deffered, & ever when as ani force was prepared, she straight wayes used new pollicyes & promises, in suche solempne maner as might perswade ani good menyng to beleve it, whiles she had nether regard to God nor Religion, nether to justice nor Lawe of her self, which all Princes know att this day, butt she can abuse them no longer he concluded. And in the mene tyme ( [ deleted: he proceded] ) suche an effusyon of blood in scottland, is to be reqwired att her hands, & now ar we growen into that extremitye that we most destroye on another, which scorge being procured by you, take hede your scorge follow no [tt] in as grevous sort agayn. For in place of ayd so offten promised to [ deleted: the Q.] [ Marginalia (by Herle): us,] your mistresse sent in with grett force the Erlle of Sussex to destroy & kill all he might, overthrowing townes, Castells, & gentyllmens howses where he cam, as a most extreme enmy, & these be the frutes of your peace & fair promises. ye [ deleted: but] repplyed I, there was grett reson & eqwity in that deling, for it is on thyng to receve a fugitive & for his saffety to harber hym, (which the Privilegs of eche Contrey doth reverently observe) & another thing to Rece [ve] your Allyes rebelles, coming in with armed hand, & from your contry to invade the Q. borders, to sturre Comotyons, & to joyne with them in so yll part, as me [n] Confetherats, which is a playn condempnatyon of ani excuse that may be made, & an open breache of ani leage or promis ye wold have observed to [you] . Butt (saith he) whatt had they then to do with the Lord hamelltons howse & Lands, & with sondry other who medled nowaye, beside that the Bordrers of eche side ar men given to spoyle & small obediens, whose joyneng with ani syde shold not have bin so hardly revenged. Well sayd [ deleted: he] ^I^ there was a brute amongest us, that your Q. right shold have bin established in this parliament for the succession & her liberty determined withall; No saith he, there is nott a word mencyoned therof (as we understand, butt rather there is som devise to barre ani speche of it, & thus is she dallyed of every side, And to this may also be applyd the comm [ing] of the Erlle of Morton, who procured by the Cownell here, to putt in sondry things which being disputed with grett arte, & drawen furthe att lengthe, att last was fayne to retorne for lack of sufficent comission, wherby you may [ ... ] throw, the good delyng & menyng that is used, & whatt juste cawse of complaint, so good [fol. 179v] a Qwene hath, so humble a prince, so bowntifull, so faire a Creature, & so valiant a mynde, endued with singuler Constancye & wisdom, butt her true Cawse & good frinds, will nott se it long unredressed. Being spoyled by her Rebelles of such a masse of Plate & jewelles, as never Scottland was master of, wherby they have bin mayntayned with her own against their Soveraigne, & brought hither into England to be sold, so as mi self hath sene (saith he) on jewell of hers in gold smiths ^hands^ valued at 5000li & your mistres likewise had her share, namely a Perlle among other things, which our Qwenes dere father, harry the french king had given her, estemed att a marvaylows price./

Now Barthlett mi manes host, hath told me that the B. of Rosse toke the staye of his men verey displesantly, butt muche more ^in^ that the Ambassadors secretory, was in the sayd Company, which might brede grett suspicyon to the Cowncell of som privy juggling bettwen them, as allredy their familiarity was vehemently noted, butt (saith he) it may be excused the better in that the sayd Secretory, is of the same Contrey that Charlles is of (where inded Charlles is a naturall [ deleted: scott] ^scott^ , brought up in bruxelles, ^yett^ [ deleted: &] this part do they marvaylously deffend, whattsoever the mistery be) alledging that the Stowttnes of the B. of Rosse is suche, as he wayes nott whatt may be don to hym, pretending som grett assurance he hath of mani sides, insomuche as he pronownced openly, that if the Cowncell wold fall ^to^ stayeng of his men, they shold staye hym allso, & so the game wold begin, wheruppon the B. went straight to the Cowrt to travayll abowtt them, fulli perswaded that these were only tragedyes raised to hynder the Q. his mistresse cawse, butt that he had sent iij presently into frawnce, which shold prevent the worst, & cutt off suche abusive delayes & mockryes as Princes had byn led with to long, & that Duglas shold be dispatched to the scottish Qwene furthwith, from whom they loked for a Poste this night. And that it was well knowen whatt supplye of money the Q. majestie had sent after the Erlle of morton, to th'end it shold be the better colowred, & therfore was garded also with englishmen, so likewise [ deleted: was] were all our practises discoverd to the B. who was the vigilantest & bowntifullest party a live desireng me to dele in this matter of Charlles, as a mediator bettwen bothe, & it shold be the best office that ever I did, which he wold mayntayne with suche fayth & secrecye as shold plesure me butt never hynder me, shewing how polityckly the B. had [fol. 180r] used the matter whyle he was close prisoner att the B. of Londons, where scarse a flye had accesse unto hym unsene, & yett money & wise conveyance wan all, receving lres & discowrses from his frinds, & retornyng the like to them, which was ordred in this sort, that on wold com with an open scedule, contayneng nothyng butt officiows & frivolows matter, specially suche things as might plese in sight & hering which brought to the B. of London & perused, wold send on of his men with the part [y] to the B. of Rosse, then had the sayd party redi to delyver with the sayd scedule owtt of his shert sleve a rolle, which order the B. observed again, answering openly the schedule for forme sake, delyvering his rolle, & thus was the B. of London abused & his turne served. declaring further that Thomas Cobham was on tewsday att night with [the] [ deleted: Talking with the Spainish ambassadors Secretory, I find hym] B. of Rosse & certeyn other gentyllmen with hym, & that the B. hath grett & secrett repayre unto hym of sondry gentyllmen & frynds, whom I hope to bowlle owtt, moreover I have iij thyngs [ deleted: [more] ] to utter towching this matter & partye, whi [ch] only I wold revele to your L by mowth./

Talking with the spainish ambassadors Secretory, I finde hym to have good likeng of me, but he is more warye & modest in speche than the rest, mesuryng well every word & sentence with a pawse, I axed hym whatt hope was of these contentyons & differences bettwen us & the Lowe Contreyes for th'entercowrse, he answered that he sawe nothyng butt devises & delayes, now fayneng on thing & then another with small menyng of ani conclusyon, butt (sayth he) we are still spoiled in the mene tyme by your natyon & by those rebelles that ye mayntayne, as though it were don uppon a good reckning tyll the paye daye, Butt now saith he that the mores ar all destroyed, & the leage concluded bettwen the Pope, the king & the venetians, against the Turke, if so might an enmye were somwhatt stayed, mi master estemes nott England, nor all these matters more than the wayght of a flye, wherunto the king hath good menes to make his own satisfactyon, joyneng ^in those spoyles & offences in a maner off speche^ [ deleted: as it were] the frenche king with his master as though the greeffes of th'one were comune to bothe.

Malachias uppon his retorne from your L. told me wonders of your affability & wisdom describeng to hym whatt he did till the howre he was taken, which he confessed to be true, opening som other matters to your L. butt nott so far as you wold have had [fol. 180v] don, wheruppon you comitted hym back agayn, concluding that his liberty & prefferment was in his own hands, nott medlyng with his Conscyens att all, but for discovery of suche practises as were made against the State, wherin he answerd (as I percev [e] butt verey coldly & far from the matter) saing that he had never sene the B. of Rosse butt ones, Butt he hath comended hym self wholly to mi Cowncell & directyons, to do or say whatt I wold have hym, thancking me that I had given him suche sownd advise, as to be playn with your L. & true in those thyngs, which [ deleted: he shold] you shold axe of him (only his religion & Conscyens was reserved) wherin for the speche your L. had of me, it was passingly handled, confirmeng his oppinion [ deleted: the] more [ deleted: of me] than ever it was beffore, for sayth he to me, you ar in extreme ill conceytt with the Lord of Burghley, bothe to be a prodigall man, withowt governement, having good parts & abusing them utterly, And that john poole & you wold have betrayed the Cardinall & have becom Pirates at the seas, Also that your L axed hym [ deleted: who] whatt gowne it was he ware & whatt compani he had, Butt he bad me be of good chere, for he had answerd in mi behalf, sayng that I was a good man & that Prodigality had some spice of Charity in it, & therfore nott utterly to be condempned, where Covetowsnes had nether deffence nor hope att all Now to bring [ deleted: Malachias] hym to a full discovery, there remaynes butt on of iij wayes, which by your L. advise when I com to you, may be effected.

Lastly your L. sees whatt a Charge ye have given me for Charlles & hym, wherin if I have resonable advise from yow, & secrett reppaire [ deleted: to you] when soever the cawse reqwires to your L. with mayntenance to go forward with mi busines, [ deleted: I shalbe hable] (for I spend & toylle & have nott wherewith) I shalbe hable to do the Q. Majestie & your L. good service [ deleted: in this] , wherin I conseve suche [ Marginalia (by Herle): further] matter, as deserves grett Care & diligence, [ deleted: which if it may] & shall shew mi travayll to be noles zelows than Comendable. Butt if these matters be nott plyed & assisted, I shalbe discoverd to the world with a perpetuall enfamye, & your L. displesure may rise to condempne me, the circumstances nott [ deleted: being] well handled, desireng rather uppon mi knees that your L. will use me no further, than suche a mischeef shold rise, & having mi liberty [ deleted: I wilbe] (towards the which I have putt mi suretyes) I wilbe redy verey humbly to ani thyng I may, so prayng God for your [fol. 181r] preservatyon & prosperity long to contynew, from the marshalsea the 19. of Aprill. 1571 your L. most humbly. W Herlleli
[Postscript:] I shold nedes speke with your L presently howsoever I do, for the haste & the importance is grett./

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