_Cecil to Sir Thomas Smith, from Windsor_, August 21, 1565. _Wright's Elizabeth_, vol. i. p. 206.
Mr. Tomworth was sent to the Queen of Scots upon this occasion; the Scottish Queen hath sent twice hither to require the Queen's Majesty to declare for what causes she did mislike of this marriage, offering also to satisfy the same. In the meantime troubles arise there betwixt her and the Earl of Murray and others being friendly to the warm amity of the realm, whereunto for sundry respects it seemeth convenient for us to regard. The Duke { of Châtelherault}, the Earls of Argyll, Murray, and Rothes, with sundry Barons, are joined together not to allow of the marriage, otherwise than to have the religion established by law, but the Queen refuseth in this sort; she will not suffer it to have the force of law, but of permission to every man to live according to his conscience. And herewith she retained a great number of Protestants from associating openly with the other. She hath sent for the Earl Murray, but the mistrust is so far entered on both sides, that I think it will fall to an evil end, for she hath put the Earl of Murray to the horn { _i.e._ outlawed} and prohibited all persons to aid him. Nevertheless, the Duke, the Earls of Argyll and Rothes are together with him. We shall hear by Mr. Tomworth what is most likely to follow.
_Register of the Privy Council_, December 1, 1565.
The which day, in presence of the King and Queen's Majesties and Lords of Secret Council, compeared Master John Spence of Condy, advocate to their Highnesses, and exponed how at their Majesties' command he had libelled summonses of treason against Archibald, Earl of Argyll, James, Earl of Murray, Alexander, Earl of Glencairn, Andrew, Earl of Rothes, Andrew, Lord Ochiltree, Robert, Lord Boyd, and divers others,--to compear in the next Parliament, to begin the fourth day of February next to come, to hear them decerned to have incurred the crime of _lese majestie_, and to have lost and forfeited life, lands, and goods.... But because there were divers of the said persons outwith the realm ... it behoved them be summoned by open proclamation at the Market Cross of Edinburgh, and other Crosses next adjacent according to the common law; and thereupon desired a declaration and determination of their Majesties and Lords forsaid. The which being reasoned with good deliberation and advisement, their Majesties and Lordships find and declare that the said persons being summoned in manner above specified, the execution is as sufficient in all respects as if the same summonses were execute upon them personally or at their dwelling-places.