body able to discharge the most weightie matters of Estate But this is most certaine that the Earle of Athold Tullibardin and Lidington who were also of their counsell did will her to subscribe vnto the Letters Patents of the resignation that she might auoid death assuredly intended and that this would be no wrong nor barre to the prisoner or her heires forasmuch as prison is a iust feare and a promise made by a prisoner by the opinion of the Lawyers is of no force and vtterly void And that Nicholas Throgmorton did perswade her to the same by a schedule written with his owne hand whom she also requested to signifie vnto the Queene of England that she had subscribed by coaction and against her will Moreouer that Lindsey when he brought the Letters Patents of the Cession to bee subscribed threatned her with death and draue her by force to subscribe vnto it which shee neuer read the teares running downe from her eies And that the Lord of the Castle of Lochleuyn refused to subsigne it as a witnesse because he saw and knew for certaine that shee subscribed against her will Also that resignation and renunciation is most vniust in which nothing is assigned vnto her whereon shee may liue nor libertie granted nor securitie of life promised So that to men of indifferencie such like vniust resignation cannot seeme to preiudice her royall Maiestie which as soone as she was free at libertie openly declared she did it by compulsion making a Declaratorie thereof before many Noblemen of the Realme Neither ought those things which they brag they did by the authoritie of Parlament be any preiudice vnto the Queene for where in the Parlaments of Scotland about an hundred Earles Bishops and Barons haue their voices in this tumultuarie Parlament there were present no more but foure Earles one Bishop onely one or two Abbots and six Barons and of that small number some did put in a protestation that nothing should be done to the wrong of the Queene or her successors because she was a captiue Neither were the Embassadors of England nor France admitted to know of her whether she resigned her Kingdome voluntarily although they made earnest suit sundry times And that it is so vntrue that the vsurping Regent hath iustly administred the Common-wealth it is most apparant that impietie did neuer reigne more and with lesse controlment in throwing downe Churches ruinating worshipfull families and afflicting the miserable commonaltie Therefore they request earnestly that the Queene of England would speedily helpe the Queene her Cousin most vniustly and vilely oppressed with her fauour aduice helpe and assistance Thus much out of the originall copies of the Commissioners written with their owne hands which I haue seene When the English Commissioners had heard these things they required that Murrey should produce and proue more sound causes of this great seueritie vsed against an absolute Queene Forasmuch as whatsoeuer had beene hitherto shewed was not strengthened with witnesse but with letters of small credit and Lidington had insinuated that hee had oftentimes counterfeited the Queenes hand He refused to accuse his sister any further before strangers except the Queene of England did repromise to vndertake the protection of the Infant King and vtterly to relinquish the Queene of Scotland When they by the authoritie of their Commission could not promise it one or two of either part are sent for vnto London vnto whom Queene ELIZABETH declared That shee could not yet cleere the subiects from fault against their Princesse yet that shee would intreat her for them and heare if they had any thing else to say for their excuse Murrey who followed them in plaine termes refused to accuse his sister but vpon the condition he had spoken of at Yorke Then were the Commissioners called backe and put out of Commission the Duke being glad at his heart who had alwaies fauoured the Queene of Scotlands right in the matter of succession and thought that all this doing was nothing but to brand her with the marke of eternall infamie and thereupon to exclude her as an vnworthy person with her little sonne of all her right of succession in England And hee thought hee had thereby escaped two perils for he feared if he had pronounced against her hee should doe against his conscience and vndoe her for euer and if hee spake for her lest hee should incurre the implacable indignation of the Queene and the hate of all them that loued her not for Religions sake But whereas at that time the affaires of Scotland were much troubled by the friends of the expulsed Queene and the presence of Murrey was needfull there he began his accusation before the Queene Bacon Keeper of the great Seale the Duke of Norfolke the Earles of Arundell Sussex and Leicester Clinton Lord Admirall William Cecill and Ralph Sadleir Commissioners appointed by new Letters Patents and produced Articles standing vpon coniectures the testimonies of some men and the decrees made in the Parlament but especially certaine amatorie Epistles and Verses written as he said with the Queenes hand to proue her priuie to the death of her husband and Buchanans booke called the Detection hee gaue them to reade which was of small credit with the greater part of the Commissioners because hee was one of that side and wonne by money to write But as for the Epistles and Verses which wanted names subscriptions and notation of the time since that there bee euery where many forgers which can so cunningly imitate and counterfeit other mens hands that hardly the true can be knowne from the false Queene ELIZABETH gaue small credit though there was womanly priuie hatred which carrieth away that sex farre from the right betweene them and shee was well content that some blot of reproach by this accusation was left and remained on the Queene of Scotland But when her Commissioners heard that shee was contumeliously accused by Murrey they were most ready to answer but shee being secretly instructed by many English Lawyers that it was lawfull so to doe forasmuch as the former authoritie and Commission giuen to the Duke and others was abrogated had already taken away their Commission and shee in plaine termes refused the new English Commissioners of whom one or two shee thought to wish her no good but rather ill except the French and Spanish Embassadors might be added vnto them and she herselfe might be publikely admitted to defend her innocencie before the Queene and Murrey detained and brought to triall whom she affirmed might be proued to bee the contriuer of the murder of DARLY Which things when Norfolke Arundell Sussex Leicester and Clinton thought not to be vniust Queene Elizabeth somewhat angry said openly that the Scottish woman should neuer want an Aduocate as long as Norfolke liued and thought it enough to impart the crimes obiected by Murrey vnto euery one of the priuie Councell and also vnto the Earles of Northumberland Westmerland Shrewsburie Worcester Huntington and
sent the Earle of Bedford with a Font of massie gold for a gift and commanded expresly that neither hee nor any English men that accompanied him should vouchsafe to call Darly by the name of King That Ceremonie being finished the Earle of Bedford dealt with the Queene of Scotland about other things contained in his commission that is to wit That the domesticall contentions betweene her and her husband might bee compounded for some malicious sworne enemies to them both had craftily broken asunder that most pleasant societie of life and loue betweene them and the treatie of Edenburgh ratified This last thing she vtterly denied alleadging that in the treatie was much matter that might impeach and derogate from her owne and her childrens right vnto the Crowne of England Yet shee promised to send Commissioners into England who should talke about the confirmation thereof changing some words namely that shee should forbeare to vse the title and armes of England whilest Queene Elizabeth liued and her children As though it were meant in the treatie that shee should forbeare to vse them for euer And also should declare vnto her how iniuriously shee was vsed by their villanous deuices that abused the simplicitie and credulitie of her husband more than was to bee suffered And now she being sickly and weake in her letters commended her young sonne vnto the fidelitie and protection of Queene Elizabeth in which letters though she knew I vse the words of the letters that she is the vndoubted rightfull heire of England after Queene Elizabeth and that many imagine and deuise sundry things against that right shee promised that shee would not vrge any more any declaration of her right but that shee will helpe assist and cleaue vnto her alwaies with all her power against all persons Anno 1567. BVt before those Commissioners came from the Queene of Scotland and a moneth or two after the Prince was Christened the King her husband in the one and twentieth yeere of his age in the dead time of the night by a hatefull and abominable villanie which all good men doe detest was strangled in his bed and cast into a garden and the house blowne vp with Gun-powder A rumour forthwith was diuulged in all Brittaine and the fault laid vpon Mourton Murrey and their confederates And they insulting vpon the weaknesse of her sex laid it from themselues vpon the Queene What George Buchanan hath written hereof as well in his Historie as in a Pamphlet called the Detection is knowne to all men by those printed bookes But since hee carried away with partiall affection and with the gifts of Murrey wrote in that manner those bookes were condemned of falshood by the Estates of the Realme of Scotland vnto whom more credit is to bee giuen And he himselfe lamented and bewailed vnto the King whose Schoolemaster hee was reprouing himselfe oftentimes as I haue heard that he had written so spightfully against the well-deseruing Queene And at his death wished that he might haue liued so long vntill hee might wipe out with a recantation or with his bloud the spots and staines hee had falsly laid on her But that as hee said would be to no purpose since he should seeme to doat for old age Let it bee lawfull for me that the other part may also bee heard in few words to lay open all the matter as much as I can vnderstand without any hate or loue as well out of the writings of other men which were set forth at that time but suppressed in fauour of Murrey and vpon hatred vnto the Queene Captiue in England as also out of the letters of Embassadors and of men of good credit In the yeere of our Lord one thousand fiue hundred fiftie and eight at the mariage of Francis the Dolphin and of MARIE Queene of Scotland Iames the Queenes Bastard-brother commonly called the Prior of Saint Andrewes disdaining that Religious appellation sued for a more honourable title which when she by the aduice of the Guises her Vncles would not grant he returned into Scotland much offended and began to make broiles vnder a goodly pretence of the reformation of Religion and assuring the libertie of Scotland and effected it so farre that Religion was changed in an assembly of the Confederates without the Queenes priuitie And the French men were remoued out of Scotland by the helpe of the English men they had brought in Francis the King of France being deceased he poasted into France vnto his sister and laying from himselfe whatsoeuer had beene done in Scotland against her profit or credit calling God to witnesse solemnly promised to doe all the kind offices which a sister could expect at the hands of a brother And conceiuing also a hope that she being bred vp from her tender yeeres in the delights of France would not returne into Scotland dealt with the Guises that some one of the Scottish Nobilitie might be named Regent of Scotland and as with his finger shewed himselfe as the fittest man But when he was sent backe into Scotland with no other authoritie but onely with Letters Patents wherein the Queene gaue authoritie to assemble the Nobilitie and to aduise and conferre about the good of the common wealth hee being deiected and â—ustrate of his hope returning thorow England in a rage and furie put into their heads that if they desired or had a care of the preseruation of Religion in Scotland the tranquillitie of England and securitie of Queene Elizabeth they should hinder the returne of the Queene of Scotland into Scotland by one meanes or other Yet shee arriued safe in Scotland passing by the English Fleet in a thicke mist and vsing her brother with all courtesie commended the gouernment of all the affaires into his hands Yet these things did not cut off the branches of his ambition which daily sprang out both in words and deeds For neither could he containe himselfe but that oftentimes amongst his friends he would lament that the warlike Scottish Nation no lesse than that of the English men was subiected to the gouernment of a woman and out of the doctrine of Knox whom hee accounted as a Patriarke hee would often discourse that Kingdomes were due vnto vertue not vnto kindred That women were to bee excluded from the succession of Kingdomes and that their rule was monstrous Hee dealt also with the Queene by his friends that she would substitute some out of the familie of the Stewarts who if she died without issue should succeed one after another in the Kingdome and not to haue any regard whether they were legitimate or illegitimate hoping that he should be one of them being a Kings sonne although illegitimate But the Queene when she out of her wisdome weighed that such a substitution was a thing contrary to the Lawes of the Land and would be a wrong vnto the right heires a most pernicious example and perillous also for the substitutes themselues yea and a barre vnto her to keepe
declare her daughter adoptiue or sister by authoritie of Parliament The Scots stood hard to it that it was not for the dignitie of a Queene desired for wife by Charles the sonne of the Emperor Ferdinand the King of France the Prince of Condy and the Duke of Ferrara to abase her selfe vnto the mariage of a new-made Earle and a subiect of England vpon a hope onely and no dowrie being offered saying also it was neither honorable vnto the Queene of England to commend so meane a husband to so great a Princesse her next kinswoman but that this should bee a most certaine argument of loue if she would permit her at her owne choice to elect her selfe a husband who shall keepe peace with England and withall assigne a good annuitie vnto her and confirme the right of succession by the authoritie of Parliament In all this businesse Queene Elizabeth earnestly desired that the succession of both the Kingdomes might be established in the English Nation though she was slow in the same The Queene of Scotland when the matter had hung thus in talke for the space of two yeeres now determined to take Darly vnto her husband did suspect that Queene Elizabeth did not deale sincerely with her but that she did propound this mariage for no other end and purpose but that shee might make the first choice of the best suiter or wooer for her selfe or else might marrie with better excuse vnto Leicester But the Scottish Delegates looking also for their owne purposes determined by one way or other to thrust some obstacle or other in any mariage that â—hey might retaine still their authoritie with the Queene Queene Elizabeth had willed the Commissioners to hinder the mariage with Darly and Leicester himselfe accounting himselfe most sure of Queene Elizabeth willed Bedford secretly by his letters not to vrge the matter much And vpon this hope it is thought he fauored Darly in secret Anno 1565. IN the meane time Darly got leaue with much adoe to goe into Scotland and to stay there three moneths by the earnest and humble suit his mother made vnto Queene Elizabeth vnder the colour that he might bee present at the restoring of his father and so he came vnto Edenburgh in the moneth of Februarie He was a young man of personage most worthy of an Empire of a comely stature of a most milde nature and sweet behauiour As soone as the Queene of Scotland saw him she fell in loue with him and to couer her loue she talked now and then with Randolfe the English Embassadour in Scotland about the mariage with Leicester and at the same time sent to Rome for a dispensation because Darly and shee were so neere of kinne that a dispensation was necessary by the Canon Lawes But when these things came to light shee sent Lidington vnto Queene Elizabeth that shee might marrie with Darly by her consent and not bee kept any longer vnmaried vpon vaine expectations Queene Elizabeth propounded the matter to her priuie Councell who out of the secret suggestions of Murrey easily beleeued that the purpose of the Queene of Scotland tended by this mariage to strengthen and againe to claime the title and her right vnto the Realme of England and withall to deduce it vnto the Romane Religion againe and that many would incline vnto them vpon the certaintie of their succession comming of this mariage and others out of the loue vnto the Romane Religion and forasmuch as they vnderstood that most of the Iustices of Peace were addicted vnto it To preuent these things they thought it most necessarie first to winne the Queenes good will to marrie speedily some husband that out of the certaintie of succession by her and her issue and from none other the affaires and hopes of English men might depend for they feared that if the Queene of Scotland maried first and had issue the most of the people would incline and bend toward her side because of the certaintie of the succession and securitie Secondly that the profession of the Romane Religion should bee infringed or weakened as much as might be and that of the reformed diligently aduanced and established this by dealing more moderately with some hot spirited Protestants about things indifferent and the other by calling in the depriued Bishops vnto their prisons for they had beene dispersed into the Countries in the time of the great plague by giuing vnto the Bishops more ample authoritie to exercise the Ecclesiastical lawes against that terrifying bugge of the Premunire which the Lawyers obiected against them by suppressing bookes comming from the Low-countries into England set out by Harding and the Diuines that were fled ouer the Seas by remouing away certaine Scottish Priests that lurked in England by depriuing the English fugitiues of their Ecclesiasticall liuings which they enioyed vntill this time by compelling the Iudges of the land who for the most part were Papists to take the oath of Supremacie But to disturbe the mariage with Darly it was thought best to put them in feare by mustering Souldiers vpon the borders toward Scotland and by putting a greater Garrison into Barwicke that the Countesse of Lennox mother to Darly and Charles her sonne should be committed vnto Prison the Earle of Lennox and Darly his sonne should be recalled out of Scotland vpon paine to forfeit all their goods before that any league could bee made by them with the Kings of France or Spaine that the Scots enemies to the mariage should be maintained and Catharine Gray with the Earle of Hertfort should be receiued into some fauour of whom as of her competitor in the succession of the Kingdome shee seemed somewhat to bee afraid And this was all that they could deuise to hinder the mariage Hereupon Nicholas Throgmorton is sent vnto the Queene of Scotland who should aduise her to deliberate long on that which was to be done but once that repentance alwaies followed hastie mariage and to commend instantly the mariage with Leicester and that the mariage with her Aunts sonne was contrary vnto the Canon Law for Queene Elizabeth very much desired that by her some of the English Nation might succeed in both the Realmes although some men there were that thought it would be the best for Religion and both the Realmes if she died without issue She answered the matter could not bee recalled and that Queene Elizabeth had no cause to bee angry when according to her counsell shee had chosen not a stranger but an English man and one borne of the royall bloud of both the Kingdomes and the noblest man of birth of all Brittaine Lidington lying in England did often propose the mariage of the Queene of Scotland vnto Leicester colourably and also to the D. of Norfolke as to one more worthy of a Princesses marriage who at that time put off the same with a modest refusall The Queene of England to interpose some impediment vnto this hastened mariage called backe Lennox Darly as her
if she had requested to haue letters detained almost a whole yeare Then the Copies of the letters of Babington vnto her were read in the which all the plot was described She said As concerning these letters it may be that Babington might write but let it be proued that I receiued them if Babington or others haue affirmed this I say in plaine termes they lie Other mens faults are not to be laid on my back A packet of letters which was deteined almost a yeer came about that time to my hands but truly I know not by whom it was sent to me To proue that she had receiued Babingtons letters there was read out of the confession of Babington the heads of the letters which he had voluntarily confessed that she had written backe In like manner things taken out of the confessions of Ballard and Sauage were read who confessed that Babington had communicated vnto them letters receiued from the Queene of Scotland She affirmed that Babington had receiued none from her yea rather that she had beene angrie with them that secretly suggested and gaue counsell about the inuading of England and warned them to beware and take heed Then were showen the Letters in the which the plot of Babington was commended and approued She asked to haue the copie of them and affirmed that they came not from her but perhaps out of her Alphabet of Cyphers in France that she hath laboured to get her libertie which is a thing naturall to all men and to haue treated with her friends to vse meanes to deliuer her Neuerthelesse vnto many whom she was not disposed to name who offered their seruice shee had not answered a word but that she much desired to turne away the storme of persecution from the Catholikes and that she intreated the Queen thereunto that shee would not get a kingdome with the bloud of the meanest of all the Commons That there are many who attempt things pernicious without her knowledge and in some letters which she hath receiued very lately some had begged pardon of her if they attempted any thing without her priuitie That it was an easie matter to counterfeit the Characters and Cyphers as a young man who had boasted himselfe to be the bastard brother to her sonne did very lately in France That shee also feared lest this was contriued by Walsingham who as shee had heard it muttered had plotted against the life of her and her Sonne She protesteth that she neuer thought to hurt or kill the Queene but that she had rather more willingly bestow her life than that the Catholikes should be afflicted so often and lose their liues with such grieuous torments for her sake and in hatred of her But said the Treasurer none who was an obedient subiect was put to death for Religion but many were for Treason maintaining the Popes authoritie and Bull against the Queene But said she I haue heard otherwise and I haue read it also in printed bookes The writers of such bookes replied he wrote also that the Queene was depriued of her Royall dignitie Walsingham who euen now perceiued himselfe nipped and touched rose vp and protesting that his minde was not possessed with any euill will said I call God to witnesse that I as a priuate man haue done nothing not beseeming an honest and vpright man neither for the publike person which I beare haue done any thing which doth not belong vnto my place I confesse that I haue beene carefull of the safetie of the Queene and the Realme and haue curiously sought to finde the plots against her If Ballard had offered me his seruice I had not refused it and had recompenced him for his trauell and paine taken If I haue plotted any thing with him why did he not tell it out that he might haue saued his life She said that shee remained contented with this answer she requested him not to be angrie for that shee so freely spoke what shee had heard and that he would not beleeue more them that slandered her than she did them that defamed him That spies were men not to be trusted for they dissemble one thing and say another That he would by no meanes beleeue that shee consented to hurt or kill the Queene And then weeping amaine said I will neuer cast away my soule in conspiring to kill my most deare sister The Lawyers made answer that it would bee soundly proued by testimonies presently These things were done before noone In the afternoone for the more substantiall proofe thereof the copie of the letters which Charles Paget wrote was brought forth and shewed and Curlus one of her Secretaries witnessed that shee receiued of the conference betweene Mendoza and Ballard about the counsell of inuading England She answered This is nothing to the matter neither doth it proue that I consented to hurt or kill the Queene Moreouer the Lawyers went forward to proue that she was priuie of the conspiracie and also conspired to kill the Queene out of the confession of Babington and the letters betweene her and Babington in the which hee had saluted and stiled her his high and mightie Ladie and Queene And by the way they rehearsed that there was a Counsell holden of assigning and conferring ouer the Kingdome of England vnto the King of Spaine She acknowledged that a Priest came to her and said if shee did not stop it that both she and her sonne should bee excluded from their inheritance but shee would not tell the name of the Priest And moreouer shee said that the Spaniard challenged a right vnto the Kingdome of England and would not giue place vnto any but vnto her Then they pressed her with the testimonies of Nauus and Curlus her Secretaries out of the confession of Babington and the letters that past betweene Babington and her and all the credit of their proofes depended vpon the testimonie of them and yet they were not brought forth face to face She did acknowledge Curlus to bee an honest man but not a sufficient witnesse against her That Nauus sometimes Secretarie to the Cardinall of Lorraine commended to her by the French King might be easily induced either by bribes or hope or feare to beare false witnesse as one who sundry times had made rash oathes and had Curlus so tractable and at his becke that hee would write whatsoeuer hee bade And it may bee that they might put into the letters such things which shee had not endired and also that such letters came to their hands which yet shee neuer saw And broke out into such or the like words The Maiestie and safetie of Princes will bee of small authoritie and bee contemned if they doe depend on the writings and testimonie of their Secretaries I did endite vnto them nothing but that which nature hath taught mee that I might recouer and get my libertie at last neither am I to be conuinced but out of mine owne words or writing If they haue written any thing