Simon Fernandes time and piracy was an offence punishable by hanging, but in practice Fernandes was engaged in exactly the sort of behaviour to which Queen Elizabeth I of England was inclined to turn a blind eye. However, the Portuguese ambassador Francisco Giraldi vigorously protested Fernandes's activities to the Queen's ministers, after the alleged murder of seven Portuguese sailors, and in 1577 the 39-year-old Fernandes was arrested in Cardiff and taken to London to face trial. However, far from being hanged for his crimes, Fernandes was released, apparently with the connivance of Queen Elizabeth's spymaster Sir Francis Walsingham, who appears to have
Francis Walsingham information to Spain. Walsingham may have been aware of Stafford's duplicity, as he fed the ambassador false information, presumably in the hope of fooling or confusing the Spanish. The pro-English Regent of Scotland James Douglas, 4th Earl of Morton, whom Walsingham had supported, was overthrown in 1578. After the collapse of the Raid of Ruthven, another initiative to secure a pro-English government in Scotland, Walsingham reluctantly visited the Scottish court in August 1583, knowing that his diplomatic mission was unlikely to succeed. James VI dismissed Walsingham's advice on domestic policy saying he was an "absolute King" in Scotland. Walsingham replied