him (Cal. State Papers, For. Ser. 1566-8, entry 1613). Throckmorton informed Cecil that Herries was 'the cunning horse-leech and the wisest of the whole faction; but, as the Queen of Scots says of him, there is nobody can be sure of him' (ib. entry 1615). For a time he declined to have any conference with Moray so long as the queen was imprisoned, and he refused to permit the herald to proclaim the regency of Moray at Glasgow. On 14 Oct. 1567 he came to Edinburgh and gave in his acknowledgment of the regent's authority, but, as would appear from the letter of the Bishop of St. Andrews to him (8 Oct. ib. entry 1761), the submission was merely nominal. At the meeting of parliament in December, he made a remarkable speech to the effect that those who, in view of the queen's refusal to give up Bothwell, had 'sequestered' her in Lochleven had done the 'duty of noble men,' and that therefore Argyll, Huntly, and others, ought to give in their acknowledgment to the king's party, as he and others had done (Robertson, Hist. of Scotl. 5th ed. ii. 385-6). Notwithstanding these specious professions he subscribed the band for the queen's deliverance from Lochleven, joined her standard immediately after her escape, and fought for her at Langside, where he Lad the command of the horse (13 May 1568).
It was to Herries that Mary entrusted herself when her cause was lost. When flight to Dumbarton was impossible, she sought refuge in his territories; but, probably in doubt also as to the strength of his loyalty, she finally decided, in opposition to his strong persuasions, to seek personally the assistance of Elizabeth. On 16 May Herries and the queen crossed the Solway into England, and on the 25th he was sent by her to Elizabeth to solicit for her an interview that she might explain her position (Labanoff, ii. 81, 84). Elizabeth, however, declined to see her, or to interfere in her behalf, or to permit her to leave the country until she had cleared her reputation. Whether at the instance of Mary or not, Herries thereupon seems to have suggested a compromise. He told Sir Francis Knollys [q. v.] that he 'misliked not' that Mary 'should be bridled in her regiment by assistance of the noblemen of her realm in consideration of her rashness and foul marriage with the Earl of Bothwell' (28 July, Anderson, iv. 112-13); and Middlemore was under the impression that he desired that the 'regent with the noblemen should still bear rule, but under the direction of the Queen of England' (13 July, Cal. State Papers, For. Ser. 1566-8, entry 2350).
At a meeting of the estates on 19 Aug. 1568 Herries was formally forfeited, but proceedings against him were suspended pending the result of the proposed conference in England. The regent also intended to have demolished his castle, but the laird of Drumlanrig having stated that it was the intention of Herries himself to pull it down and build a new one, the regent, scorning to be 'a barrowman to his old walls,' allowed it to stand (Herries, Memoirs, p. 106). Herries was chosen by Mary one of her commissioners to the conferences in England, sharing the chief responsibility with the Bishop of Ross. On 1 Dec. he made a vehement speech against the regent and the Scottish commissioners, affirming that some of them had themselves foreknowledge of the murder.
After Moray's return to Scotland in the spring of 1569 Herries joined the Hamiltons in an attempted revolt; and on coming to Edinburgh to arrange terms for an agreement he was on 16 April warded in the castle (Diurnal of Occurrents, p. 144), on the ground that he had advised the Duke of Chatelherault not to take the oath to the regent (Herries, Memoirs, p. 114). On 5 July he deemed it advisable to inform Elizabeth (Cal. State Papers, For. Ser. 1569-71, entry 314) and Cecil (ib. entry 315) that he had not 'dealt doubly in the cause of his mistress,' nor had been 'committed to ward with his own will.' At the same time he gave 'good words' to the regent, who, however, distrusting his intentions, detained him in prison, and it was only after the regent's assassination that Kirkcaldy set him free. There can scarcely be any doubt that he was at least indirectly concerned in the Norfolk conspiracy (cf. Murdin, State Papers; and Cal. Hatfield MSS. pt. i. passim).
Shortly after obtaining his liberty Herries joined the queen's lords at Linlithgow, when it was determined to assemble at Edinburgh on 8 April. They so far carried out their purpose; but further serious results were frustrated by Morton, on whose advice (April 25, Cal. State Papers, For. Ser. 1569-71, entry 849) Sussex caused a diversion by advancing across the borders into the territories of the Maxwells. At Morton's request the lands of Lord Maxwell were spared, but those of Herries and the Johnstones were devastated (Scrope, 9 May, ib. entry 907). The shelter given by Herries to the English rebel Leonard Dacres led to further proceedings against him; and finally finding himself exposed to two fires — those of Elizabeth and the regent — he resolved to attempt a compromise by coming to terms with Elizabeth, and promising to employ his 'will and power in her service' (Sussex, 10 Sept. ib. entry 1249).
