out of common charitie whilest they feared not her but were fearefull of the other bound themselues in a certaine Association with their mutuall oathes subscriptions and seales to persecute with all their forces vnto death them who did attempt any thing against the Queene The Queene of Scotland who quickly vnderstood that a way was made by it to make her away wearie of her long miserie and fearing worse things propounded these things to the Queene and her Counsellors by Nauus her Secretarie If her libertie might be granted and that she might be assured of the sincere minde and loue of Queene ELIZABETH that she would binde her selfe in a most strict league of amitie with the Queene most dutifully honour and obserue her before all other Christian Princes forget all offences past acknowledge her the true and most rightfull Queene of England and that she would not challenge during her life any right vnto the Crowne of England nor practise anything against her directly or indirectly and vtterly to renounce the title and armes of England which she had vsed by the commandement of Francis her husband and also vnto the Bull of the Pope about her deposition and depriuation Yea and also enter into that Association for the securitie of the Queene and into a defensiue league sauing the ancient league betweene France and Scotland yet so that nothing be done in the life of the Queene or after her death which may be hurtfull vnto her her sonne and their heires in succession before they be heard in the Assemblie of the Estates of England For more assurance of these things that she will remaine as an hostage in England and if she may haue leaue to depart out of England that she will giue pledges Moreouer that she will alter nothing in Scotland so that the exercise of her religion be permitted only to her and her familie That she will for euer forget all the wrongs done her in Scotland but yet vnder that condition that the things published to her infamie may be repealed That she will commend vnto the King Counsellors which were desirous to keepe peace with England and would reconcile vnto him as much as lay in her the Noblemen that were fled into England if they would humbly acknowledge their fault and that the Queene gaue her word to giue aid vnto the King against them if at any time they fell or departed from their obedience That she would doe nothing about her sonnes mariage without the priuitie of the Queene and that she would not doe anything without the priuitie of her sonne so she requested that her sonne might be ioyned in this treatie whereby it may be made more strong She doubted not but that the King of France would be contented and binde himselfe by promise together with the Princes of the house of Lorraine for the performance of these agreements She also desired that these things might be answered with speed lest any thing might happen in the meane while to hinder it Lastly she earnestly desired that she might haue the fauour to haue more libertie that therein the loue of the Queene might appeare more euidently to her Out of these things as matters of much honour and dutie Queene ELIZABETH seemed to reioyce and it was then thought she was inclined to deliuer her although there were some in England who setting new feares before her eyes drew her from it But the matter being well followed and in a manner concluded was most of all hindered by the Scots of the contrary faction who exclaimed that Queene ELIZABETH was vtterly vndone if she were deliuered out of prison and both the Realmes would be vndone if she were ioyned with her sonne in the kingdome of Scotland and if the exercise of the Roman Religion were permitted vnto her if it were but in her Court And some of the Scottish Ministers in Scotland out of their Pulpits and in their meetings railed most vilely against their Queene they spoke ill of the King and his Counsellors and being commanded to appeare in person obstinately and contemptuously denied so to doe as if the Pulpits were exempted from the Kings authoritie and that Ecclesiasticall persons were not subiect to the King but to the Presbyterie directly against the lawes made this yeere in the Assemblie of the States in the which the Kings authoritie ouer all persons both Ecclesiasticall and Laicks was confirmed for euer viz. That the King and his Counsellors are competent Iudges in all causes and they who would not obey the same are to be accounted for Traitors The assemblies of Preâ—byteries as also those of Laicks as well generall as particular were prohibited as hauing arrogated without the Kings priuitie boundlesse authoritie and when they list of meeting together and of prescribing lawes vnto the King and vnto all the Realme And also the popular equalitie of Ministers was abrogated and the dignitie and iurisdiction were restored vnto the Bishops whose vocation the Presbyteries had condemned as Antichristian And the slaâ—derous writings against the King his mother and Counsellors were forbidden and by name the Historie of George Buchanan and his Dialogue De iure regni apud Scotos as those which containe many things fit to be corrected and blotted out of memory And also many men blamed Patrick Grey the Scottish Embassador in England as if he won by brâ—bes had babbled out much matter to the hurt of the King and his mother and had hindered that these most equall conditions propounded from the Kings mother and sent by Nauus were not admitted Whereupon shee hauing her patience oftentimes wronged fell into a grieuous sorrow and indignation and so great was her desire of libertie that she gaue her minde and eares as well vnto the treacherous counsell of her enemies as vnto the pernicious deuices of her friends And so much the more for that as she had perswaded her selfe that the Association was made to endanger her life so now she had an inkling that by the policie of some men she was to be taken away from the keeping of the Earle of Shrewsburie who being an vpright man did not fauour their plots and to be committed vnto new Keepers And that it might be done with a better colour and the credit of the Earle of Shrewsburie which was approued and well knowne might not seeme to be suspected for it was not thought good to call in question the reputation of so great a man which yet they had cracked by secret slanders vpon the finding fault of his vnreasonable wife suspicions were laid hold on as if the plot of getting her libertie had beene begun out of certaine Emblemes sent by some vnto her Those were Argus with many eyes lulled asleepe by Mercury playing tunes on his pipe with this little sentence ELOQVIVM TOT LVMINA CLAVSIT Another was Mercury striking off the head of Argus keeping Io. A graft or cyon engrafted in a stocke and bound with bands yet flourishing and written about it PER
by the superfluous priuilege of a Royall Estate which can be now of no vse make your appearance for a triall shew your innocency lest by searching of euasions you draw vpon your selfe suspicion and purchase a perpetuall blemish of your reputation I doe not refuse said she to answer in a full Parlament before the Estates of the kingdome lawfully called so that I may be declared next in succession Yea and before the Queene and her Counsellors so that my protestation may be admitted and I may bee acknowledged the next kinswoman of the Queene In plaine termes I will not submit my selfe vnto the iudgement of mine aduersaries by whom I know all the defence I can make of mine innocency will not be allowed and receiued The Chancellor asked her if she would answer if her protestation were admitted She answered I will neuer submit me to the new law mâ—ntioned in the letters Patents Hereupon the Treasurer 〈…〉 Yet we will proceed to morrow though you be absent and continue obstinate in the cause She said Search and examine your consciences haue regard to your honour God will requite you and your heires for your iudgement vpon me On the next day being the fourteenth day of October she sent for some of the Commissioners and requested that the protestation might bee admitted and allowed The Treasurer asked her whether shee would come to triall if the protostation were onely receiued and put into writing without allowance At length she condescended yet with an euill will lest shee as she said might seeme to derogate from her predecessors or successors but that shee was much desirous to cleare the crime obiected being perswaded by the reasons of Hatton which she had better thought on Forthwith met and assembled in the Chamber of presence the Commissioners that were present There was a chaire of Estate set vnder a Canopy in the vpper part of the Chamber for the Queene of England Against it lower and further off neere vnto the railes a Chaire for the Queene of Scotland hard to the walls on both sides benches or formes on the which on the one side sate the Chancellor of England the Treasurer of England the Earles of Oxford Kent Darby Worcester Rutland Cumberland Warwicke Penbroke Lincolne and Vicount Mountacute On the other side the Lords Aburgeuenny Zouch Morley Stafford Grey Lumley Sturton Sandes Wentworth Mordant Saint Iohn of Bletso Compton and Cheiney Next to them sate the Knights of the Priuy Counsell as Iames Croft Christopher Hatton Francis Walsingham Ralph Sadleir Walter Mildmay and Amias Powlet Forward before the Earles sate the two chiefe Iustices and the chiefe Baron of the Exchequer on the other side two Barons and other Iustices Dale and Ford Doctors of the Ciuill law at a little table in the middle sate Popham the Queenes Atturny Egerton the Sollicitor Gaudie the Queenes Serieant at law the Clarke of the Crowne and two Clarkes When she was come and had set her selfe in her seat silence being made Bromly the Chancellor turning to her made a short speech to this purpose The most high and mighty Queene of England being certified to her great griefe and anguish of minde that you haue plotted both the destruction of her and of England and also of Religion according to the duty due vnto God her selfe and people in the which lest she should faile and out of no malice of minde hath appointed these Commissioners who may heare what things are obiected against you and how you can cleare your selfe from the crimes laid against you and shew your innocency She arising vp said that she came into England to seeke and request aid which was promised her neuerthelesse that shee was deteined in prison euer since that time Shee protested that she was not subiect to the Queene but was a free and absolute Queene neither was to be forced or compelled to be brought in or tried before the Commissioners or any other Iudge for any cause whatsoeuer but only God alone the Soueraigne Iudge of all lest that she should doe wrong and iniury vnto her owne Royall Maiesty her Sonne the King of Scotland her Successors or any other absolute Princes But now she was there in person to refell the crimes obiected against her And she requested her friends or seruants to witnesse these things The Chancellor not acknowledging that helpe was promised answered That this protestation was to no purpose for that whosoeuer of whatsoeuer ranke or estate he were in England did offend against the lawes of England may be made subiect to the same and may be examined and iudged by the late new law And that therefore that protestation made to the preiudice of the lawes and of the Queene of England was not to be admitted Yet the Commissioners commanded as well her protestation as the answer of the Chancellor to be recorded Then the letters Patents which as I haue often said were founded vpon the Act of Parlament being read aloud she with a great courage made a protestation against that Act as made directly and purposely against her and in this matter put it to their conscience And when the Treasurer answered that euery man in this Realme was bound to the obseruation of the lawes though neuer so lately made and that shee might not speake in disgrace of the lawes and that the Commissioners would iudge by vertue of that law whatsoeuer protestations or appellations she made At length she said shee was ready and prepared to answer of any act whatsoeuer done against the Queene of England Then Gawdy expounded and made plaine the Act in euery point and affirmed that shee had offended against the same and then he made an Historicall Narration of Babingtons conspiracy and concluded that she knew of it allowed it promised helpe and shewed the waies and the meanes She with an vndanted courage answered that she knew not Babington neuer receiued letters from him nor neuer wrote vnto him neuer plotted the destruction of the Queene And that to proue it effectually the subscription vnder her owne hand was to be produced She neuer heard so much as any man speake it that she knew not Ballard neuer maintained him but that shee had heard that the Catholikes were much agrieued with many things and that she certified the Queene therewith in her letters and had earnestly desired her to haue pitty of them And that many vtterly to her vnknowne had offered their seruice vnto her yet that she neuer moued any to any wickednesse and that she being shut vp in prison could neither know nor hinder the things which they attempted Vpon this out of the confession of Babington shee was vrged that there passed an entercourse of letters betweene her and Babington She acknowledged that she had speech with many by letters neuerthelesse it could not be gathered thereby that shee knew of all their naughty practises She requested that a subscription with her owne hand might be produced and she asked who could haue harme by it
they bound themselues vnder their hands and seales being perswaded if the matter hit right that they might by one labour kill the King vtterly discredit the Queene amongst the Nobilitie and Commons vndoe Bothwell vtterly and bring the gouernment of all the affaires vnto their hands Bothwell being a lewd minded man blinded with ambition and therefore venturous to attempt quickly laid hold on the hope offered vnto him and villanously committed the murther But Murrey had secretly gone home a prettie way off fifteene houres before that he might no way be suspected and that hee might from thence giue aid vnto the Conspirators when any need was and all the suspition might light vpon the Queene As soone as hee returned vnto the Court both he and the Conspirators commended vnto her Bothwell as most worthy of her loue for the Nobilitie of his familie his valour shewed against the English and his approued fidelitie They put in her head that shee being alone and solitarie was not able to represse the tumults that were raised preuent secret plots and vphold the burthen and heauie weight of the Kingdome Therefore she might doe well to take as a Companion of her bed counsell and danger the man that could would and durst oppose himselfe against all trouble And they draue and enforced her so farre that the fearefull woman daunted with two tragicall murthers and remembring the fidelitie and constancie of Bothwell towards her and her mother and hauing no other friend vnto whom to resort but vnto her brothers fidelitie gaue her consent Yet vpon these conditions that aboue all this prouision might bee made for the safetie of her little sonne and then that Bothwell as well might bee cleered from the murther of the King as also from the bond of his former mariage What George Earle of Huntley and the Earle of Argile men of great Nobilitie in Scotland did forthwith protest of this matter I thinke good to set downe in this place out of the originall with their owne hands sent vnto Queene Elizabeth which I haue seene Forasmuch as Murrey and others to cloake their rebellion against the Queene whose authoritie they vsurpe doe slander her openly as priuie and consenting vnto her husbands death Wee doe publikely protest and sweare these things In the Moneth of December in the yeere of our Lord God one thousand fiue hundred fiftie and six when the Queene lay at Cragmyller Murrey and Lidington did acknowledge before vs That Mourton Lyndsey and Ruthen killed Dauid Rizio for no other end but to procure the safetie of Murrey who was to bee attainted at the same time Therefore lest they should bee vnthankfull they wished that Mourton and the rest banished for the death of Dauid might bee brought home againe And this they insinuated could not be done except the Queene were separated by a diuorce from the King which they promised to effect if wee would grant our consents And afterwards Murrey promised vnto me George Earle of Huntley the restitution of my ancient Patrimonie and perpetuall fauour of the banished men if I would fauour the diuorce Then they went vnto Bothwell that hee should consent thereunto Lastly we came vnto the Queene and Lidington in all our names besought her exceedingly to remit the sentence of exile against Mourton Lyndsey and Ruthen He exaggerated the faults and crimes of the King with bitter words and shewed that it was much for the good and benefit of the Queene and the Common-wealth that a diuorce were speedily sued out forasmuch as the King and she could not liue together with securitie in Scotland She answered she had rather depart into France and liue priuately for a time vntill her husband acknowledged his faults for she would haue nothing to be done that should be wrong to her sonne or dishonour vnto her selfe Hereunto Lidington replied saying Wee that are of your Councell will prouide for that But I command you said she not to doe any thing which may bee a blemish to my honour or a staine to my conscience Let things be as they be vntill God aboue doe remedie it That which you thinke may be good for mee may proue euill Vnto whom Lidington said Commit the matter vnto vs and you shall see nothing done but that which is good and that which shall be allowed in the Parliament Hereupon since that within a few daies after the King was most shamefully murdered Wee out of the inward testimonie of our conscience are most assured that Murrey and Lidington were the authors and perswaders of this murder of the King whosoeuer were the actors of the same Thus much Huntley and Argile Now the Conspirators applied all their skill that Bothwell might be cleared of killing the King Therefore without delay the Parliament is summoned for no other cause and Proclamations are set out to apprehend the persons suspected for murdering the King And when Lennox father to the murdered King accused and charged Bothwell as the Regicide and was very importunate that Bothwell might bee brought to triall before the Parliament began This also was granted and Lennox commanded to come in with his accusation within twentie daies On which day when hee heard nothing from the Queene of England and could not bee present in the Citie full of his enemies without danger of his life Bothwell was brought to the Barre and arraigned and acquitted by the sentence of the Iudges Mourton also vpholding and maintaining his cause and openly taking his part This businesse being finished the Conspirators wrought so that the most of the Nobilitie gaue their consent vnto the mariage vnder their hands and seales lest he frustrated of the promised mariage should appeach them as contriuers of the murder But of this mariage of the Queene with Bothwell who was created Duke of the Orkeneis the suspition increased with all men that the Queene was consenting to the Kings death which the Conspirators increased by letters sent into all places and in their secret meetings at Dunkelden they conspired forthwith to kill Bothwell and depriue the Queene Yet Murrey that hee might be thought cleere of this conspiracie obtained leaue of the Queene but hardly to trauell into France And that he might put all diffidence out of her head hee commended all his affaires and estate in Scotland vnto the fidelitie of the Queene and Bothwell Hee was scarce gone out of England but behold the same men which had cleered and acquitted Bothwell from the murder and consented vnto the mariage vnder their hands and seales tooke vp armes against Bothwell as meaning to apprehend him And indeed they secretly willed him to saue himselfe by flight for no other intent but that hee should not be taken and discouer all their plot and withall that they might lay hold of his flight as an argument or reason to accuse the Queene of killing the King But shee being taken they vsed her most contumeliously and in most vnseemely fashion and putting on her an old cloake
But the Commissioners of the Queene of Scotland reiected this speech as a friuolous excuse For certainly they that had authoritie to depriue the Queene had also authoritie enough to restore and set her at libertie neither needed they to looke for any authoritie from the rest of the Conspirators since that their wicked fact had made them equalls facinus quos inquinat aequat As for the Prince he could not being but fiue yeeres old giue them authoritie and as for the Regent he had committed all the matter to Queene ELIZABETH and to her pleasure Therefore they besought the Commissioners of England that these men might bee compelled to consult thereof or else the matter ended and compounded vpon equall conditions without these men But Queene ELIZABETH when shee saw nothing could bee done to giue her selfe the King and the Realme securitie except both the factions agreed together Shee thought it fitting that the Estates of Scotland which were shortly to assemble did elect and choose out men who should endeuour to make a composition Hereupon Rosse and his associates openly complained that many of the Queene of Englands Councellors did abuse the prudence of the Queene of England and the patience of the Queene of Scotland and to haue deluded forraine Princes with their subtill policies and brought the Scots in a vaine hope to their great hurt And indeed the Queene of Scotland stomacking and complaining of the same and wearie of these delaies called away the Bishop of Galloway and Leuingston and commanded Rosse whom the Queene of England had commanded to depart from London to stay at London by the right of an Embassador which made a suspicion to grow and appointed her friends in Scotland to take armes and not trust any longer vnto the truces which had beene hurtfull vnto them For in the time whâ—n these things were done in England they had sustained great losses many had beene put to execution more slaine and Dunbritton the strongest Fort in Scotland taken and Iames Hamilton Archbishop of Saint Andrewes brother to the Duke of Chasteauleroy as priuie to the murder of the King not so much as arraigned or tried was hanged by the accusation of a Priest who affirmed that he had heard it in confession by one of the Regicides When now the captiue Queene had no hope left and was in great griefe and all her seruants but ten and a Priest to say Masse were sent away and all her hope to obtaine her libertie was gone shee could not refraine but did open that which she had long concealed in her minde Shee therefore sent secretly vnto the Duke of Norfolke a long Commentarie of her purposes which she had written before time and certaine loue-letters in a priuate Character knowne to them two and other letters to be carried to the Pope and the King of Spaine by Ridolphus whom she commended as one very carefull of her good and her very friend Higford the Dukes Secretarie who wrote out this Commentarie and letters in an vsuall hand and letter was commanded to burne it but hee hid it vnder the Matt in the Dukes chamber and that of purpose as it seemed This Ridolph once to the Duke himselfe and more times by Barker reasoned thus That hee had obserued that there were many Noblemen and Commons in England that desired an Innouation and those were of three sorts Some that had bin in credit in the time of Queene Maries reigne now were not accounted of Others that were addicted to the Popish Religion and grudged inwardly that they might not vse it freely And others that were not content with their estate and hoped for better These were ready but wanted some Nobleman to bee their Captaine or Leader and forraine aid There could not be a fitter man for Captaine and more noble than the Duke who had the loue of the Realme And hee had great reason to reuenge the wrongs done vnto him by his long detention in prison and now to his reproach not called vnto the Parlament in which he had a place and voice as the chiefest Nobleman and Earle Marshall of England And to perswade him the more effectually he shewed him a roll of the Noblemen who had vowed to spend their liues and goods for him if he would attempt it As for forraine aid he assured him that the Pope so that the Romish Religion might bee aduanced would defray all the charges of the warre who had already laid in banke a great summe of money the last yeere when the Bull was published of the which money Ridolph himselfe had distributed a great part among the English fugitiues Hee promised that the King of Spaine irritated by the iniuries of the English men would send to helpe them foure thousand horse and six thousand foot which might bee sent ouer and landed at Harwich a Port in Essex whereabouts the Duke had many tenants and Gentlemen holding of him most fitly and without suspicion in the beginning of Summer when the Duke of Medina Caeli was to come with a good Nauie into the Low-Countries Lastly he concluded that such a moderation might be vsed that all suspicion of treason in the Duke might be taken away and prouision made for the safetie of the Queene of England if onely shee would embrace or tolerate the Romish Religion and consent to the mariage of the Queene of Scotland with the Duke The Duke gaue eare to these things as likely but yet refused to subscribe vnto the letters of credit as they call them which Ridolph being ready to depart shewed vnto him Neither would he heare the aduice of Rosse which hee had long studied and put into his head by Barker namely that the Duke with a selected companie of Noblemen to take the Queene suddenly and to disturbe the Parlament and by this meanes the mariage with the Queene of Scotland might bee finished and the Romish Religion set in better state in England without any great stirre and without any forraine aid Which might easily be done hauing so many Noblemen ready and prompt to enter into this action as could not bee assembled againe in one place without suspicion And iust cause there was for that the Duke was kept long in prison against the Lawes of the Realme and not admitted into the Parlament and also for that more rigorous Lawes were deuised against the Papists And to doe this hee brought in the example of Castrutio in Italy and others who by sudden actions had prosperously effected great matters and how fiue Noblemen in Scotland very lately had disturbed the Parlament wherein Murrey was to bee attainted and gotten the Queene into their hands This aduice the Duke who was out of his inbred good nature farre from any villanie detested and disliked as pernicious and dangerous But about the same time Henry Percy offered his seruice vnto Rosse for to deliuer the Queene of Scotland out of prison so that Grange and Carre of Ferniherst would receiue her at the borders of
Scotland and of Rosse with the Commentarie hee was astonied but beholding the Commentarie with the letters which he thought had beene burned hee brake out into these words I am betraied and vndone by my seruants because I knew not how to distrust which is the sinew of wisdome But hee besought the Commissioners very humbly to speake vnto the Queene in his behalfe promising that hee would hide nothing that hee knew and solemnly protesting that hee approued nothing which might haue beene wrong vnto the Queene or detriment vnto the Realme yea that hee vtterly condemned the purposes and plots to surprize the Queene and the Tower of London and to set free the Queene of Scotland and that hee neuer had a thought to bring in any forraine forces but onely to suppresse the Scots that rebelled against the Queene The same day being examined of fiftie Articles more or lesse he concealed nothing Then all the course of the businesse was laid downe and declared in the Star-chamber a great assembly of Noblemen the Maior and Aldermen of London being present and afterwards to all the Citizens in the Guild-hall by William Fleetwood the Recorder But when the Bishop of Rosse was accused by the confession of euery one of them and by the Duke himselfe also as the contriuer of the businesse a serious consultation was had what was to be done with him that was an Embassadour For he whiles he thought it lawful for him as such kinde of men vse to doe to aduance the affaires of his Prince by any manner of meanes and not to be brought in question of law vpon the inuiolable priuilege of Embassadours in a strange Court had done many things long since turbulently in kindling a commotion and hauing nightly conferences with the Earle of Southampton and others and now againe with the English fâ—gitiues in the Low-Countries the Duke of Alba the King of Spaine and the Pope about the inuasion of England Therefore the cause was put to Dauid Lewis Valentine Dale William Aubrey and Henry Iones Doctors of the Ciuill Law 1 First whether an Embassadour that raiseth or procureth rebellion against a Prince vnto whom he is Embassadour may enioy the priuileges of an Embassadour and not be subiect to punishment as an enemie They answered Such an Embassadour by the law of Nations and ciuill Law of the Romans hath lost all the priuileges of an Embassadour and was subiect to punishment 2 Secondly whether an Agent of a Prince who is depriued by publike authoritie and in whose place another is crowned may enioy the priuilege of an Embassadour They answered If such a Prince be lawfully depriued his Agent cannot challenge the priuilege of an Embassadour since none but they which haue the rights of an absolute Prince can appoint Embassadours 3 Thirdly whether a Prince who shall come into the Kingdome of another Prince and bee kept in prison may haue his Agent and whether he be to be accounted an Embassadour They answered If such a Prince who shall come into the Kingdome of another Prince and bee kept in prison hath not lost his principalitie hee may haue an Agent but whether that Procurator may be reputed an Embassadour that dependeth on the authoritie of his Commission or delegation 4 Fourthly whether if any such Prince doe denounce tell to such an Agent and Prince being in prison That this Procurator shall bee accounted no longer for an Embassadour whether this Procurator by the Law may challenge the priuileges of an Embassadour They answered The Prince may forbid the Embassadour that he doe not come into the Realme and command him to depart out of the Realme if hee doe not containe himselfe within the bounds prescribed vnto an Embassadour yet in the meane time hee may vse and enioy the priuileges of an Embassadour according to the authoritie giuen him by his Commission After these answers of the learned Lawyers Rosse being brought backe out of the Isle of Ely was sharply rebuked and told by the Councellors that hee was no more to be acknowledged for an Embassadour but as a plotter of treasons to be seuerely punished He answered That he is the Embassadour of an absolute Queene vniustly depriued That hee had dealt diligently according to his place and dutie for the libertie of his Prince and the good of both the Kingdomes That he came into England with a sufficient authoritie which hee shewed with the most ample authoritie of an Embassadour and that the sacred rights and priuileges of Embassadours are not to bee violated by any meanes Burghley told him in discreet words that neither the priuileges of Embassage nor letters of publike credit did protect Embassadours who offend against the publike Maiestie of the Prince but that they are subiect to punishment otherwise it might bee lawfull for wicked minded Embassadours to attempt any thing against the liues of Princes Hee on the other side stood still in it that the rights and priuileges of Embassadours were neuer violated by the course of Law but that I may vse his owne words by the way of fact and bitingly willed them not to vse him with more rigour than was vsed to the English Embassadour Throgmorton in France and to Tamworth and Randolph in Scotland who had raised sedition and openly maintained it and had not any other punishment but onely were commanded to depart within a time appointed When they vrged him with the testimonies of English men he with faire words requested them not to doe so since it was a long receiued custome which was growne to a Law as hee said That the testimonie of a Scot against an English man and of an English man against a Scot was not to bee receiued After much altercation whether this was to bee allowed but onely betweene the Borderers of both the Kingdomes and that also in matters of the borders and then whether the English Embassadors had raised and fostered rebellions Rosse was committed to the Tower of London where he was kept very close and answered in briefe to all the interrogatories with that caution and warinesse that his answers could hurt no body Hee excused the Queene of Scotland that she being a prisoner and in her best time and age could not but seeke all the meanes she could of libertie since Queene ELIZABETH excluded her from all accesse vnto her put her out of all hope of her libertie and openly maintained her aduersaries He excused the Duke that he had dealt nothing in the mariage with the Queene of Scotland but with the consent of most of the Queenes Councell neither that he could leaue her though hee had promised so to doe vnder his hand for that there had passed a mutuall repromission of future mariage betweene them before that time Lastly he excused himselfe that he being an Embassador could not without a great offence depart from his dutie and abandon his foueraigne Princesse in her affliction and aduersitie and that hee propounded the taking of Queene ELIZABETH for
Lastly that hee gaue aid vnto Herris a Scot and other enemies of the Queene in Scotland This being read the Clerke asked the Duke whether hee were guiltie of these crimes or no He besought that if it were lawfull by the Law he might haue a Lawyer appointed him to defend or pleade his cause Catlin Chiefe Iustice answered that it was not lawfull The Duke said It is meet that I submit my selfe to the opinion of the Iudges but there bee many darke and obscure points in this businesse neither vnderstood I of my arraignment till within this foureteene houres I was kept from bookes now I see I am to fight for my life without weapons Yet I haue heard that a Lawyer was assigned vnto Humfrey Stafford in a case of treason in the reigne of Henry the seuenth Dier chiefe Iustice of the Common pleas answered that a Lawyer was assigned vnto Stafford about the priuilege of the Sanctuarie from whence he was taken away by force and that he answered for himselfe without a Lawyer for the treason The Duke said I must speake this day for my life my goods for my children and that which is most to bee respected for my loyaltie and honestie let honour goe by yet let me aske one question Whether that the enumeration of the crimes must be holden for true in euery part and to which part I must answer Catlin said When the causes be true the enumeration is also to be accounted true I doe desire to be told said the Duke whether euery singular thing bee treason For I haue heard in the cause of the Lord Scroope in the reigne of Henry the fourth As hee would haue said more the Clerke of the Crowne interrupted him speaking aloud Thomas Duke of Norfolke art thou guiltie or not guiltie He said Not guiltie The Clerke asked him againe How wiltthou betried I commend said he my cause to God and to my Peeres The hainousnesse of my crimes woundeth my heart but the benignitie of her Maiestie from whom I could expect no more doth recomfort me and I beseech you my Lord Steward that I may bee dealt withall according to Law and that my memorie which is slipperie may not be opprest with the confused varietie of things That I haue you my Peeres and Iudges I acknowledge my selfe happy for vnto many of your integrities I would willingly commit my life I trusting vnto mine innocencie did not flie but yet I cannot but ingenuosly confesse that I haue transgressed against the Queene but in no treason I beseech you let not those things of smaller moment be put amongst the other of treason Then said Barham the Queenes Serieant at law The crimes of treason whereof thou art indicted are these Thou didst deuise to depriue the Queene of her Realme and of her life Thou didst intend to marrie with the Queene of Scotland Thou didst send for forraine power to inuade the Realme Thou gauest maintenance vnto the Rebels and didst helpe the Scots enemies to the Queene The Duke interrupted him saying Barham I pray you doe not aggrauate the matter with words in obiecting the mariage and other things which be not treason Barham turning to the Noblemen vrged the matter saying He that would marrie her that claimeth the Kingdome the same man desireth and seeketh after the Kingdome but this the Duke began when he was one of the Commissioners at Yorke to heare the cause of the Queene of Scotland at which time hee was sworne to weigh indifferently and vprightly the accusations and defences on both sides The Duke said That cause hath sundry parts which bee without the compasse of treason The Steward of England bade the Duke not to vse such digressions from the purpose who when Barham still vrged it with a loud voice hee acknowledged that the Queene of Scotland had claimed the Realme of England as due to her but that shee had giuen ouer the claime long since Barham to the contrarie shewed how she had not left off the claime because she had not yet made a release or renunciation thereof and hee accused the Duke hainously that he taught the Delegates of Scotland what to say and this out of the confession of the Bishop of Rosse The Duke confessed that Lidington moued the mariage vnto him and that hee refused it and that hee told them nothing and requested that the Bishop of Rosse might be produced before him Then did Barham prosecute at large many things which I haue mentioned before to proue that the Duke did vnmeasurably desire the Kingdome and stood much vpon this point What other thing could the Duke propose vnto himselfe in his minde without the priuitie of the Queene to marrie the Queene of Scotland a woman without goods without Kingdome her sonne being now established in the Realme of Scotland but that hee might get by her meanes or right the Kingdome of England and consequently depriue the Queene of her life and Kingdome The Duke said These things are farre fetcht to conuince me to haue imagined the depriuation and destruction of the Queene I will come neerer said Barham It is not vnknowne that you deuised with others to surprize the Tower of London which is the chiefest hold of England so that it is of necessitie that you then compassed the destruction of the Queene since Kingdomes cannot endure to haue a partner The Duke denied not that one Hopton put into his head the surprizing of the Tower yet that he reiected the same Why then said Barham didst thou aske the Earle of Pembrookes aduice who disswaded thee Barham went on and vrged him that when the Queene requested of the Infant King of Scotland certaine Castles and the English Rebels out of Scotland to bee deliuered the Duke secretly willed the Scots not to consent thereunto He accused him also that he attempted priuily to steale away the Queene of Scotland out of prison And this was after hee had solemnly promised to meddle or deale with her no more Then Candish was brought in witnesse against him that the Duke had a resolute purpose to marrie her and that hee asked him if hee could draw his Vncle to his side if Queene Elizabeth died The Duke vtterly denied these things and reiected his testimonie as of a needy man and a childish witnesse Moreouer it was shewed that the Duke sent secretly his man to the Earles of Northumberland and Westmerland to aduise them not to rise in rebellion as a thing that would proue very dangerous Also the letters of the Queene of Scotland were shewed wherein shee lamented that Northumberland was intercepted before hee was ready to rise For this flying newes was brought to her perchance of set purpose To these things the Duke answered These reasons doe not probably proue that he compassed the destruction of the Queene and that nothing yet brought against him was of any moment but onely the testimonie of the Bishop of Rosse neither was this to be receiued since he was a forrainer
this Which thing not to speake of other matters is most euident and apparant by testimonies openly shewed and the confession of Mourtons owne mouth who was for that cause aduanced vnto honour against whom if I had dealt by course of Law and thou hadst not giuen aid vnto the Rebels they could neuer haue stood out so long against mee and my friends While I was detained in prison in Lochleuin Nicholas Throgmorton perswaded me in thy name by sealing Letters Patents to resigne my Kingdome which he affirmed would bee void and indeed all the world accounted it void vntill thou by thy fauour countenance and forces didst giue aid vnto the beginners and procurers of these Letters Patents And tell me in good faith whether thou doest acknowledge thy subiects to haue any such authoritie ouer thee And yet from thenceforth was my royall authoritie taken away from me by thy counsell and helpe and my Kingdome transferred vnto my sonne vncapable thereof by reason of his tender yeeres And when I not long since determined to confirme the Kingdome vnto him in a lawfull manner he was taken away by force by diuers Traitors who questionlesse haue an intent to depriue him of his Kingdome as they did me if not to take away his life also After I escaped out of Lochleuin and was now ready to fight and encounter with the Rebels I implored thy aid sending backe that Diamond which beforetime I had receiued from thee as a token and pledge of thy loue with a large promise of aid against the Rebels not once nor twice also giuing thy fidelitie that if I retired and came my selfe vnto thee for succour thou wouldest come in person vnto the borders and giue me aid And I trusting vpon thy promise freely offered although thy seruants had oftentimes deceiued me resolued to flee for helpe vnto thee as to my last assured Anchor in my aduersitie and so had I done if the way had beene as open and easie for me as it was for them that rebelled against me But before I could come vnto thee I was intercepted guarded with keepers shut vp into strong places and from that time vntill this endured euils more grieuous than death I know thou wilt obiect against mee the dealings that were betwixt the Duke of Norâ—olke and me yet I doe still denie that they were any wrong or hurt to thee or to thy Realme for they were allowed by the chiefe Councellors of the Realme of England and confirmed with their subscriptions who also promised assuredly to obtaine thy consent And how I pray you could such great men promise thy consent vnto that should depriue thee of thy life honour and Diadem But yet thou wilt haue all men to beleeue this But when many of those Rebels did repent though late and saw more plainly by the conference at Yorke betweene our Commissioners how vniustly they dealt with mee they were forthwith besieged by thy forces in the Castle of Edenburgh and of the principall men one Lidington was poisoned and the other Grange in lamentable manner hanged And this after that by thy request I had caused them once or twice to lay downe their armes vpon a hope of peace which God knoweth whether my aduersaries euer imagined to keepe From that time I was resolued to trie whether I could mollifie rigor by patience in suffering whatsoeuer they imposed on mee a prisoner yet I was vtterly barred from all conference with my sonne by letters or messengers for this whole yeere past that the sonne might be disioined by this most lamentable disiunction from the mother if it might be I haue oftentimes set downe and proposed conditions of a peace and concord to bee made betweene vs as at Chattisworth eleuen yeeres since with the Commissioners and with thy selfe by the Embassadours of the most Christian King and by mine owne I dealt also sincerely with Beale the last winter but those conditions were alwaies reiected and delaies made and interposed my aduices and counsells were suspected and all the motions of my sincere minde condemned and disallowed Neither did I reape any other fruit of my long lasting patience than that it grew to a setled custome for mee to bee more rigorously vsed euery day than other not as a prisoner but euen as a Kitchin-maid Assuredly I cannot endure these things any longer and hap what hap will if I die I will make the procurers and causers of my death to bee knowne but if I liue I shall finde meanes I hope that all these wicked attempts and slanderous calumniations against me shall die that I may spend the rest of my life in more tranquillitie Wherefore to take away all displeasure and hatred betweene vs let the testimonies of the Spaniards who were lately takenin Ireland be shewed let the examinations of the Iesuits bee produced let any body haue free libertie to accuse me publikely yet so that in like manner I may haue libertie to defend my selfe and that I be not condemned vnheard Malefactors and persons of the basest sort and condition are admitted to speake and defend themselues and their accusers are brought before their face Why am not I so vsed and dealt withall who am a Queene anointed and thy next Cousin and the lawfull heire of the Crowne after thee But this last thing is the matter which chiefly vexeth and stingeth my aduersaries which studie to keepe vs still enemies and at contention Alas there is no cause why this should vex them I take God to witnesse and vpon mine honour I haue thought of no other Kingdome this long time but onely the Celestiall Kingdome Yet thou art bound in Conscience and tied both by dutie and iustice not to trouble or crosse the most assured right of my sonne after my death nor to further their secret combinations who as well in England as in Scotland doe apply all their wit and power to worke the destruction of me and my sonne which is euident and apparent by the instructions of thy messengers in Scotland who vsed and behaued themselues most seditiously doubtlesse without thy knowledge but Huntingdon being wonderfull eager and diligent therein Is this iust and right that I a mother shall bee forbidden not onely to giue counsell and aduice to my oppressed sonne but also to vnderstand in what distressed estate he is If they had beene sent for my sonnes good perhaps if they had taken mine aduice with them they should haue beene for that cause the more welcome vnto him Verily thou hadst bound and tied me vnto thee more strictly and thou hadst no cause so much to conceale their going thither or to take away at that very time from mee all my libertie Yet that I may speake freely I desire thee not to vse such Agents any more in the Scottish affaires For although I beleeue that Cary Hunsdon will not doe or take any thing in hand which may bee a blemish to himselfe or his honour yet I cannot hope of any good