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
a turbulent spirit and nature casting out threats and terrors of the bloud that was ere long to bee shed in England On the next day the other seuen were drawne vnto the same place but vsed with more mercy by the Queenes commandement who hated the former cruelty for euery one of them hung till they were quite dead before they were cut downe and bowelled Salisbury the first was very penitent and aduised the Catholikes not to attempt the restitution of Religion by force or armes and the same did Dun who was the next Iones protesting that he had disswaded Salisbury from this enterprise and that he vtterly condemned and disliked the haughty and rash spirit of Babington and the purpose of inuasion Charnock and Trauerse fixed wholly to their praiers commended themselues to God and the Saints Gage extolling the bountifull liberality of the Queene toward his father and detesting his owne treacherous ingratitude toward a Princesse so well deseruing Hierom Bellamy who had hidden Babington after he was proclaimed traitor whose brother priuy to the same offence had strangled himselfe in prison ashamed and silent was the last of this company These men being executed Nauus the Frenchman and Curlus the Scot who were Secretaries to the Queene of Scotland being examined about the letters copies of letters and little notes and Ciphers found in the Queenes closet of their owne will acknowledged by their subscriptions that the handwritings were their owne endited by her in French taken by Nauus and turned into English by Curlus Neither did they deny that she receiued letters from Babington and that they wrote backe by her commandement in such a sense as is aforesaid Yet this is certaine out of letters that when Curlus did at this time aske Walsingham for what he promised that Walsingham did reproue him as one forgetfull of an extraordinary grace as that he had not confessed any thing but that hee could not deny when Nauus charged him therewithall to his face The Counsellors of England could not agree what should be done with the Queene of Scotland some thought good that no seuerity was to be vsed against her but to be kept very close as well for that she was not the beginner of this plot but onely made acquainted with it and also for that she was sickly and not like to liue long Others for the securitie of Religion would haue her dispatched out of the way and that by the course of Law Leycester had rather haue it done by poyson and secretly sent a Diuine to Walsingham to shew him that this was lawfull but Walsingham protested that he was so farre from allowing that any violence should be vsed that long agoe hee crossed and broke the aduice of Morton who had perswaded to send her into Scotland that she might be killed in the very borders of both the kingdomes They were moreouer of different opinions by what law or Act they should proceed against her whether out of that of the XXV yeare of Edward the third in which he is a traitor who deuiseth to kill the King or the Queene or moueth warre in the Kingdome or doth adhere vnto his enemies Or whether by that Law or Act of the XXVII yeare oâ— Queene ELIZABETH which is set downe before At length their opinion preuailed who would haue it by this latter law as made for this purpose and therefore to be accommodated thereunto therefore out of that law enacted the former yeare that enquiry might be made and sentence pronounced against them who raised rebellion inuaded the kingdome or attempted to hurt the Queene many of the Priuie Counsell and Noblemen of England were chosen Commissioners by letters Patents which was this after the Lawyers forme and stile ELIZABETH by the grace of God of England France and Ireland Queene Defender of the faith c. To the most Reuerend Father in Christ Iohn Arch-Bishop of Canterbury Primate and Metropolitane of all England and one of our Priuy Counsell And to our beloued and trusty Thomas Bromley Knight Chauncellor of England and another of our Priuie Counsell And also to our welbeloued and trusty William Lord Burghley Lord Treasurer of England another of our Priuy Counsell And also to our most deare cousin William Marquesse of Winchester one of the Lords of the Parlament And to our most deare cousin Edward Earle of Oxford great Chamberlaine of England another of the Lords of the Parlament And also to our most deare cousin George Earle of Shrewsbury Earle Marshall of England another of our Priuy Counsell and to our most deare cousin Henry Earle of Kent another of the Lords of the Parlament And also to our most deare cousin Henry Earle of Darby another of our Priuy Counsell And to our most deare cousin William Earle of Worcester another of the Lords of the Parlament And to our most deare cousin Edward Earle of Rutland another of the Lords of the Parlament And to our most deare cousin Ambrose Earle of Warwicke Master of our Ordnance another of our Priuy Counsell and to our most deare cousin Henry Earle of Pembrooke another of the Lords of the Parlament And also to our most deare cousin Robert Earle of Leicester Master of our horse another of our Priuy Counsell And to our most deare cousin Henry Earle of Lincolne another of the Lords of the Parlament And also to our most deare cousin Antony Vicount Montague another of the Lords of the Parlament And to our welbeloued and trusty Charles Lord Howard our great Admirall of England another of our Priuy Counsell And to our welbeloued and faithfull Henry Lord Hunsdon our Lord Chamberlaine another of our Priuy Counsell And also to our welbeloued and trusty Henry Lord of Aburgeuenny another of the Lords of the Parlament And to our welbeloued and trusty Edward Lord Zouch another of the Lords of the Parlament And also to our welbeloued and trusty Edward Lord Morley another of the Lords of the Parlament And also to our welbeloued and trusty William Lord Cobham Lord Warden of our fiue Ports another of our Priuy Counsell And also to our welbeloued and trusty Edward Lord Stafford another of the Lords of the Parlament And also to oâ—r welbeloued and trusty Arthur Lord Grey of Wilton another of the Lords of the Parlament And also to our welbeloued and trusty Iohn Lord Lumley another of the Lords of the Parlament And also to our welbeloued and trusty Iohn Lord Sturton another of the Lords of the Parlament And to our welbeloued and trusty William Lord Sandes another of the Lords of the Parlament And also to our welbeloued and trusty Henry Lord Wentworth another of the Lords of the Parlament To our welbeloued and trusty Lewis Lord Mordant another of the Lords of the Parlament And to our welbeloued and trusty Iohn Lord St. Iohn of Bletso another of the Lords of the Parlament And also to our welbeloued and trusty Thomas Lord Buckhurst another of our Priuy Counsell And
Royall Maiesty could exempt her from answering in this kingdome and mildly he admonished her to heare the obiections made against her if not they threatned they both might and would proceed against her by the authority of the law She answered That she was not a subiect and had rather die a thousand times than acknowledge her selfe a subiect since that by acknowledging it she should doe preiudice and wrong vnto the highnesse of the Maiestie of Kings and withall should confesse her selfe to be bound vnto all the lawes of England euen in matters of Religion Neuerthelesse she was ready to answer vnto all things in a full and free Parlament since that she is ignorant if onely for a fashion and a shew this assembly was appointed against her already condemned with their fore-iudgements therefore she closely admonisheth them to looke vnto their consciences and to remember that the Theater of the whole world was farre more spacious than the kingdome of England Lastly she began to complaine of the iniuries done vnto her and the Treasurer to rehearse the benefits of Queene ELIZABETH bestowed vpon her viz. that shee had punished many who did impugne the right she challenged vnto England and had hindered that she was not condemned by the Estates of the Realme for the pursuing the mariage with the Duke of Norfolke the rebellion in the North and other things which things when she seemed to make slight of they went away After a few houres by Powlet and the Solicitor they shewed the heads of the letters Paâ—ents and the names of the Commissioners that shee might see that they were to deale formally and in good fashion vprightly and not according to the quiâ—kes of law and extraordinarily She made no exception against the Commissioners but a bitter one against the new or late Act vpon which al the authority of the Commissioners depended that is to wit that it was vniustly deuised purposely against her that there was no example of the like proceeding and that shee would neuer submit her selfe to triall vpon that Act. She asked by what law they would proceed against her If by the Ciuill or Canoâ— lawes she said the expounders were to be sent for to Pauy or Poytiers and other outlandish Vniuersities since that fit men were not to be found in England Moreouer she added that it was euident by plaine words in the letters that she was accounted guiltie of the fault although she was not heard and therefore shee had no reason to appeare before them and she required to be satisfied of many scruples in these letters which she had noted confusedly and in haste by her selfe alone but shee would not deliuer them in writing for that it did not beseeme a King or Prince to play the scribe About this matter those Commissioners selected came to her againe vnto whom she signified that shee did not vnderstand the meaning of these words Since she is in the protection of the Queene The Chancellor answered This to be apparant enough to any one of vnderstanding but yet it is not the duty of Subiects to expound what the Queene meant neither were they made Commissioners for that cause Then she requested that the protestation which she had made in former times to bee shewed and to be allowed It was answered that it was neuer allowed neither that it was to be allowed now for that it was a wrong to the Crowne of England Shee asked by what authoritie they would proceed It was answered by the authority of the letters Patents and the law of England But you said shee make lawes as you list vnto which it is no reason why I should submit my selfe since that the Englishmen in former times refused to submit themselues vnto the Salicke law of the Frenchmen But if they proceeded by the law of England they should bring a president for their doings since that that law for the most part consisted vpon examples and customes But if by the Canon Law then no other men ought to expound the same but the makers of them It was answered that they would proceed neither by the Ciuill nor Canon lawes but by the lawes of England But yet that by the Ciuill and Canon lawes it might be shewed that shee ought to appeare before them if she did not refuse to heare this neither did she refuse to heare but as in way of communication but not by way of Iustice or triall Hereupon she fell into other speeches viz. that she neuer compassed or deuised any thing to hurt or kill the Queene that she had beene offended at the wrongs and indignities done to her that she should bee a stumbling blocke if she were discourteously vsed That she did by Nauus offer her labour and best meanes for the reuocation of the Popes Bull That she would haue defended her innocency by letters neither was this permitted And to conclude that all her offices of good will for this twenty yeeres haue beene reiected with such like small digressions her going on further they called backe and bade her to say in plaine termes whether shee would answer before the Commissioners Shee replied That this their authority was giuen to them by the new act made to ensnare her That she could not endure the Lawes of the Queene which she vpon good reason suspected That shee hauing beene hitherto of good courage would not now wrong her ancestors the Kings of Scotland by acknowledging that shee is a subiect of the Crowne of England for this is no other thing than openly to confesse them thereby to haue beene rebels and traitors Yet that she refused not to answer so she be not reduced vnto the ranke of a subiect and that she had rather die a thousand times than to answer as a Criminall offender Vnto these speeches Hatton the Vice-Chamberlaine of the Queene said You are accused but not condemned to haue conspired to kill our Lady and anointed Queene You say you are a Queene Be it so But the Royall estate of a Queene doth not exempt you from answering vnto such a crime as this is neither by the Ciuill nor Canon law nor by the law of Nations nor by the law of Nature For all Iustice would be of no force yea be vtterly ouerthrowne if faults of such nature should be committed without punishment If you bee innocent you doe wrong to your credit by flying from triall You protest your selfe to be innocent but Queene ELIZABETH is of another minde and not without cause but truly to her great griefe Therefore to examine your innocency shee hath sent with authoritie most honourable most wise and most vpright men who with equity and with fauour are to heare you and they will reioyce from their heart if you cleare your selfe of this crime Beleeue me the Queene her selfe will be very glad who said to mee at my departure that there could not a thing haue happened more grieuous vnto her than that you are charged with this fault Wherefore laying
in Paris One cannot declare with what applause of all the people with what congratulation of all the neighbour Princes with what Magnificence this mariage was solemnized By this her mariage her husband obtained not onely the Title of King of Scotland in the right of his wife but also another more rich and great which was of the most contented Prince the earth then beheld for that hee was ioyned in mariage with a Princesse who besides many other great vertues composed her selfe wholly to please and to giue content vnto her husband and therein vsed not the ordinary care of a Princesse but more trauell and sollicitude than doe the women of meane condition and qualitie maried vnto great Princes as also appeared after his death which befell not long after by her immeasurable mourning not being able to finde any consolation for her sorrow in that place where shee had lost that which shee had loued better than her selfe so much that the amitie of her kinsfolks and allies could not retaine her nor the sorrow and regret of all France could not call her backe nor the sweetnesse of that Court which inuited her could not stay her but that shee would depart from thence After this on the seuenteenth day of Nouember the same yeere deceased Mary of England at which time the Parlament was holden at Westminster being certified of her death with a vniuersall consent in regard of her most certaine right vnto the Crowne of England of the which none could doubt both the Prelates and Nobles with the Commons agreed to haue the Lady ELIZABETH proclaimed Queene which was done with the generall applause and consent of them and all the people Queene ELIZABETH being established and hauing taken order for things at home and domesticall affaires applied her minde next to settle her affaires abroad For which end it was thought fit to send Embassadors vnto Princes to signifie vnto them the death of Queene MARY and her succession vnto the kingdome Vnto Ferdinand the Emperor was sent Thomas Challenor with letterâ— wherein the Queene vnder her owne hand certified him that her sister Queene MARY was dead and that she by the goodnesse of God was succeeded as her rightfull heire and with the generall consent of her subiects in the gouernment of the Realme and that she desired nothing more than that the ancient League and amitie betweene the families of England and Austria might not only be conserued but also increased Vnto the King of Spaine being in his Low counâ—ries was sent the Lord Cobham with instructions to the same purpose King Philip vnderstanding the decease of Queene MARIE his wife fearing lest England Scotland and Ireland should be adioyned vnto France by mâ—anes of the Queene of Scotland her Title dâ—lt seriously with Queene ELIZABETH by the Conde of Feria whom he had sent before to visit his sicke wife and the then Lady ELIZABETH also about his mariage with her promising to procure a dispensation for the same This motion troubled her much for to reiect the most mightie King of Europe hauing deserued well of her and suing to her for mariage vpon his owne motion This thing no lesse disquieted the French King who was also fearefull that England and Spaine should bee conioyned againe iâ— one by mariage therefore â—ee did all that was possible to be done at Rome by the Bishop of Angulesme that no such dispensation should be granted but yet very secretly lest he should prouoke the Englishmen against him but she put him off with a modest and shamefast answer And when hee saw that he could not obtaine his suit for himselfe and had also giuen it quite ouer being agreed with the French King to marry his daughter yet that the kingdome of England might be retained in his family still he moued the Emperour Ferdinand to commend one of his sonnes to be a suiter vnto Queene ELIZABETH which motion he willingly entertained and for that purpose sent vnto her very louing letters and by Gaspar Preynerus free Baron in Stibing diligently followed and prosecuted the same the King of Spaine himselfe also to bring it the sooner to passe and to further it most courteously offering and promising vnto Queene ELIZABETH his singular loue kindnesse and affection THE LIFE DEATH AND VARIABLE fortunes of the most gracious Queene MARIE STEVVARD Queene of Scotland Anno 1559. THe French King Henrie the second for the benefit of his sonne the Dolphin King and MARIE Queene of Scots casting his eies vpon England did not withdraw his French Souldiers out of Scotland as hee had promised but sent secretly more daily into Scotland and dealt vehemently with the Pope to pronounce Queene Elizabeth an Heretike and illegitimate which the Emperor and the King of Spaine most diligently but couertly sought to hinder yet had the Guises drawne the French King into such a sweet hope of adioyning England vnto the Crowne of France by the title of their Niece the Queene of Scots that hee openly claimed the same in the right of his sonne and daughter in law And commanded them when hee could not obtaine his purpose at Rome to vse this title in all their Letters patents FRANCIS and MARIE by the grace of God of Scotland England and Ireland King and Queene and caused the armes of England together with the armes of Scotland to be painted in the walls buildings and in the houshold stuffe and also to be put into the Heralds coats The English Ambassador in vaine complained that herein great wrong was done vnto Queene Elizabeth with whom he had made lately a league and had not done this to Queene MARIE of England who had proclaimed warre against him But Henries sudden death which happened shortly after made an end of his attempts But Francis the second who succeeded him and MARIE Queene of Scots his wife by the counsell of the Guises who were then of great authoritie in France bore themselues openly as Kings of England and Ireland neither did they abstaine from claiming the armes but set them out more and more And vnto Nicholas Throgmorton the Lieger Embassador a man both wise and stout it was first answered That it was lawfull for the Queene of Scots to beare them with some little difference to shew the nearenesse of her bloud vnto the royall line of England Hee stifly denied it saying that by the Law of Armes none who was not begot of the certaine Heire might beare the armes of any familie Afterward they said they bore the armes for no other cause than to cause the Queene of England to abstaine from bearing the armes of France Yet at length he obtained at the intercession of Mont Morancy who loued not the Guises that they left off the armes of England and Ireland altogether But yet from this title and vsurpation of armes which Henrie made the young Queene of Scots to take on her moued thereto by the Guises proceeded all the euils which came so thicke vpon her afterward as from
of displeasure I will lay it downe in few words laying aside the person of an Embassadour As soone as the Queene my Ladie and Mistresse was crowned you did vsurpe the title and armes of England which you did not take in the reigne of Queene MARIE Iudge you in your discretion if a greater wrong can bee offered vnto a Prince Such iniuries as this priuate men cannot disgest much lesse Princes But said she my husbands father and my husband himselfe would haue it done and commanded it to bee so After their decease when I was at mine owne hand I left off wholly both those armes and the title but yet I know not how it can be any wrong to the Queene if I also a Queene whose Grand-mother was eldest sister vnto Henry the eight doe beare these armes since others farther off than I bore them I am sure Courtney Marquesse of Exceter and the Duchesse of Suffolke Niece vnto Henry the eight by his younger sister did beare the armes of England with borders for a difference by a speciall fauour When these things did not satisfie Queene Elizabeth who was fully perswaded that shee put in delaies still vpon some more hopes since she had not proposed vnto the Estates of Scotland who had once or twice assembled since her husbands death any thing about the confirmation of the treatie She being vpon her way sent for Throgmorton againe vnto Abbeuille where shee courteously asked him how she might satisfie Queene Elizabeth in word or deed he said by ratifying the treatie of Edenburgh as I haue often said vnto whom shee said Now heare and iudge if there bee not most iust reasons which she calleth delaies and vaine excuses The first Article in it of ratifying the treatie of Chasteau Cambresy betweene England and France pertaineth nothing vnto me The second of ratifying the treaty betweene England and Scotland was ratified by my husband and mee neither can it bee ratified againe when my husband is expressedly named in it The Articles 3 4 and 5. are already performed for the preparations for warre are ceased The French Souldiers are called backe out of Scotland and the Fortresse of Aymouth is demolished I haue not borne nor vsed the title nor armes of England since my husbands death It is not in my power to put them out of the houshold stuffe buildings and Letters patents through France as it is not in my power to send into England the Bishop of Valence and Randan who are not my subiects to dispute about the sixth Article And for the last Article I hope my seditious subiects shall not haue cause to complaine of my seueritie But as I perceiue she will preuent me by stopping my returne that they shall not haue triall of my clemencie what remaineth now in this treatie which may be wrong to the Queene Yet that I may giue her satisfaction more abundantly I will write larger Letters of this businesse with mine owne hand though shee doth not vouchsafe to write backe vnto me but by her Secretarie But I pray you my Lord Embassador doe the part of an Embassador that is rather mollifie than exasperate the matter But yet Queen Elizabeth was not satisfied with these letters in whose minde the iniurie for the vsing of the armes and title of England was deeply imprinted and still shee was afraid lest shee should challenge them againe if shee were not bound and tied thereto by the confirmation of the treatie and the religion of an oath In the meane while the Q of Scotland getting a good gale of wind departed from Calice and in a foggie mist passing by the English ships which some thought were sent to Sea to conuey her with honour others to suppresse Pirates and as others said to intercept and take her arriued safe in Scotland For Iames the Bastard very lately returning by England had secretly willed Queene Elizabeth to take her by the way if she had a desire to prouide for Religion and her owne securitie And Lidington being glad that d'Oysell was detained in England perswaded it also Shee being returned into Scotland vsed her subiects with all courtesie changed not their religion though it had beene brought in by tumults and beganne to settle the common wealth by enacting good Lawes But vnto Queene Elizabeth shee sent Lidington with her owne and the letters of the Scottish Nobilitie in the which shee promised all care to make and conserue amitie with her and requested that a certaine forme of peace might bee made betweene England and Scotland and that there was none more certaine than if Queene Elizabeth if shee should haue no issue would declare her by the authoritie of Parliament the next heire to succeed her in the Realme of England This thing seemed strange vnto Queene Elizabeth who looked for the confirmation of the treatie of Edenburgh promised by word and by her hand writing yet she answered As concerning the succession shee hoped the Queene of Scotland would not by violence take her Crowne away from her and her children if she had any shee promised not to derogate any thing of her right vnto the Crowne of England although she had claimed the title and armes of England through the too much hastie ambition of other men for which iniurie it was meet that she made satisfaction By setting downe her successor shee feared lest their friendship should bee rather disseuered than consolidated for that vnto men established in gouernment their successors are alwaies suspected and hated the people such is their inconstancie vpon a dislike of present things doe looke after the rising Sunne and forsake the Sunne setting and the successors designed cannot keepe within the bounds of Iustice and truth their owne hopes and other mens lewd desires Moreouer if she should confirme the succession vnto her shee should thereby cut off the hope of her owne securitie and being aliue hang her winding-sheet before her owne eies yea make her owne funerall feast aliue and see the same After shee had answered these things thus shee did againe sending her letters vnto her by Peter Mewtas mildly will her to confirme the treatie Neither did the other directly denie it but insinuated that shee could not doe it vntill shee had set the affaires of Scotland in good order Anno 1562. MArgaret Countesse of Lynnox Niece to King Henry the eight by his eldest sister was deliuered as prisoner to Richard Sackuill and her husband the Earle of Lennox was assigned vnto the Master of the Rolls in the like manner for that hee had secret intelligence by letters with the Queene of Scots in which custodie both of them were kept a good space Not long after Henry Sidney was sent vnto the Queene of Scots whose message was that the enteruiew which he had desired to haue with Queene Elizabeth might bee put off vnto the next yeere or vntill the French warres were waxen colder At this time it was consulted whether it was for any good purpose that these two
Princesses should come vnto an enteruiew or conference For that the Queene of Scotland required it bred a suspition that she did it for some commoditie or benefit and to espie some aduantage either to strengthen her right in England or else to giue a hope and erect the minds of the Papists in England and her Cousens the Guises in France On the other side others thought hereby a most firme amitie might bee concluded betweene them the league betweene the French and the Scots weakened by little and little and the Queene of Scots wonne by faire words vnto the Religion of the Protestants Others noted that out of such enteruiewes or conferences grew the seeds rather of emulation than of loue when one should hate and repine at the ostentation of the others brauerie wealth and power and for that many times the presence and view is not answerable vnto report and opinion and so of the comelinesse of the body of the beautie of the face and of the gifts of the minde And that one might haue cause and occasion to finde fault with the other Neither did the Queene of Scotland thinke it safe to deliuer her selfe into the hands of Queene Elizabeth with whom she had contended for the right of the Kingdome It made her to stagger and to doubt in the matter and also to which side to incline and sway when shee heard that Queene Elizabeth stood openly for the Protestants in France whilest she considered as shee wrote her selfe that shee came by her father from the English bloud and by her mother from the French that shee was crowned Queene and Dowager of France and the most rightful Heire of England and withall expected the Kingdome thereof That shee was much indebted vnto her Vncles in France which had brought her vp and that shee much desired the loue of Queene Elizabeth Yet she feared such was her piercing vnderstanding lest if shee ioined her selfe with her in a very strict kinde of amitie she might procure the euill will of the French King be abandoned by her Vncles and lose her dowrie out of France by preferring the vncertaine friendship of Queene Elizabeth which to vse her owne words passed not beyond the person before the certaine loue of the French Hereupon the conference which had beene treated of many moneths and the Articles also drawne came to nothing especially when shee by her letters did vtterly refuse to come vnto the enteruiew except she might be designed heire apparant of England by authoritie of Parliament or else bee adopted by Queene Elizabeth to be her daughter to lay a foundation of a most certaine peace and vnion of both the Realmes so often desired If these things were granted she promised to addict her selfe wholly to Queene Elizabeth yea and not to respect and regard her Vncle 's the Guises Also in these lettes shee insinuated that shee vrged these things the more vehemently for that shee had heard that many did secretly deuise to set in another successor and that onely for the cause of Religion though shee did tolerate in Scotland the Religion of the Protestants But when the Cardinall of Lorraine at the same time dealt with the Emperour Ferdinand that shee might marrie with his sonne Charles the Archduke who then sued vnto Q. Elizabeth for mariage Queene Elizabeth threatned her by Thomas Randolph that if shee did consent vnto the Cardinall the mortall enemie of England about that mariage both that the amitie betweene England and Scotland might be dissolued and perhaps she excluded from her hope of the Realme of England and if she would not misse thereof she in friendly manner willed her to choose such a husband in England in whose choice shee might principally giue her selfe content and then giue satisfaction to her owne Subiects and also to the English men in the conseruation of the peace and make the way smoother and plainer vnto her assured succession in England which cannot bee published and made knowne vntill it was certainly knowne whom she would take to her husband Anno 1563. WHen in the heat of the ciuill warres of France the Duke of Guise Vncle vnto the Q. of Scotland was slaine her dowrie out of France was not paid Hamilton D. of Chasteauleroy was depriued of his Duchie and the Scots were displaced from the Captainship of the Guard which things she tooke in very euill part The Cardinall of Lorraine another of her Vncles fearing lest hereupon she leauing the French should cleaue vnto the amitie of England he proposed againe by Crocus the mariage with Charles d' Austria offering to her the Countie of Tyrole for her dowrie Shee acquainted Queene Elizabeth with the matter who by Randolph gaue her those former admonitions about the choosing of a husband as I haue said before and then in plainer termes commended Robert Dudley whose wife being the heire of Robsert was killed a good while since by falling downe a paire of slaires and promised that if shee would marrie him she should be declared by the authoritie of Parliament sister or daughter heire apparant of England if she died without issue As soone as the Queene mother her Vncles heard this by Foixius the French Embassador in England they did so disdaine the mariage with Dudley as altogether vnequall vnworthy to match in a royall stocke and linage as they promised not onely to pay her dowrie but also to restore vnto the Scots all their former liberties and morelarge also if she would persist firmely in the friendâ—hip of France and refuse the mariage offered vnto her and also they suggested and put in her head that Queene Elizabeth did propose this mariage not seriously but colourably as though shee had assigned Dudley for her owne husband And that there was no cause why she should put any trust or confidence in the authoritie of a Parliament since that in England one Parliament may repeale that which another hath enacted Moreouer that the purposes of the English men were no other but by one meanes or other to keepe her alwaies from mariage But yet she referred this matter vnto conference being wonderfully vexed and troubled at home when Murrey cast into prison the Archbishop of Saint Andrewes because he abstained not from saying Masse vnto whom shee hardly got pardon with shedding of teares And the hot spirited Ministers of the Church bolstered by the authoritie of Murrey offered violence without any controlment vnto a Priest who had said Masse in the Court which was permitted by the Law Neither was shee able to represse the tumultuous persons though shee applied all her minde about the good of the common wealth by granting a generall pardon increasing the fees or wages of the Iudges by making wholsome Lawes as making Adulterie to bee death and sitting herself in iudgement thereby to make by Law the highest equall with the lowest Anno 1564. IN this yeere Queene Elizabeth created Robert Dudley Master of her Horse a man in high fauour with
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
subiects according to the times expressed in their licence The father excused himselfe most modestly in his letters the sonne desired that she would not be against his preferment insinuated that it may be that he may be profitable to his deare Countrie of England and openly professed himselfe a louer and honourer of the Queene of Scotland aboue all others who to giue correspondencie to his loue first made him Knight and afterward Lord Aâ—â—â—â—och Earle of Rosse and Duke of Rothsay and the fift moneth after his comming into Scotland tooke him to her husband with the consent of the most of the Noble men and proclaimed him King Murrey who applied all his wit to his owne priuate ambition and vnder the goodly pretence of Religion had drawne in the Duke of Chasteauleroy an honest minded man vnto his side fretting and others raising tumults and arguing these questions Whether a Papist was to be receiued to be their King Whether the Queene of Scotland might choose her selfe a husband at her owne election Whether the Noblemen of the Land might not by their authoritie appoint her a husband The Queene of England who knew the milde nature of Darly and the plaine and honest minde of the father taking compassion of the young man her Cousin and of the Queene a young woman also who had to deale with most turbulent persons who being aboue this twentie yeeres loosed from the gouernment of Kings could not now endure any Kings tooke it more quietly Neither had she any feare of them when she saw the power of the Queene her aduersarie not increased by that meane match and had the mother of Darly in her hand and foresaw that troubles would arise hereupon in Scotland which began incontinently for many Noblemen of Scotland as Hamilton and Murrey chafing fretting at the mariage this man for that the mariage was made without the consent of the Queene of England the other vpon a spight or priuie malice against the familie of Lennox but both of them vnder the pretext of the conseruation of Religion displaied their banners in manner of warre to disturbe the mariage so that the Queene was of necessitie enforced to leuie forces that the mariâ—â—â— might be celebrated with securitie and then she did so fiercely pursue the rebels by the helpe of the King her husband that she made them flie into England before the bands of English men promised to them could come but the Queene of England did couertly grant a lurking place vnto Murrey who was wholly addicted vnto the English and secretly maintained him with money by Bedford vntill hee returned into Scotland which was the day after the murder of Dauid Rizius The causes which Queene Elizabeth alleadged why shee admitted Murrey and the Scottish rebels into England were for that the Queene of Scotland had receiued Yaxley Standen and Welsh English fugitiues into Scotland and receiued O-Neale a great man of Ireland into her protection had intelligence with the Pope against England and had not done iustice on the theeues on the borders and on Pirates Queene Elizabeth not forgetfull of the Scottish affaires a moneth or two after the mariage sent Tamworth a Gentleman of her priuie Chamber vnto the Queene of Scotland to warne her not to violate the peace and to expostulate with her for her hastie marriage with the natiue subiect of England without her consent and withall to request that Lennox and Darly might be sent backe into England according to the league and that Murrey might be receiued againe into fauour Shee smelling his arrand admitted him not to her presence but in articles deliuered in writing promised in the word of a Prince that neither shee nor her husband would attempt any thing to wrong the Queene of England or her children lawfully begotten or the quiet of the Realme either by receiuing fugitiues or by making league with strangers or by any other meanes yea most willingly that they would make such league with the Queene and Realme of England which might be profitable and honourable for both the Realmes neither that they would innouate any thing in the Religion Lawes and liberties of England if at any time they should possesse the Kingdome of England yet vpon this condition that Queene Elizabeth would fully performe this thing on her part toward her and her husband viz. by Parlament establish the succession of the Crowne of England in her person and her lawfull issue and if that failed in Margaret Countesse of Lennox her husbands mother and her children lawfully begotten As for the other things shee answered That shee had acquainted the Queene with her mariage with Darly as soone as she was fully determined to marie him and had receiued no answer from her That she had satisfied the Queenes demands forasmuch as she had not married a stranger but an English man borne who was the noblest in birth and most worthiest of her in all Britaine that she knew But it seemed strange that she might not keepe with her Darly whom shee had maried or not keepe Lennox in Scotland who was a natiue Earle of Scotland As for Murrey whom she had tried to bee her mortall enemie shee in faire words besought her to leaue her subiects vnto her owne discretion since that she did not intermeddle in the causes of the subiects of England With this answer Tamworth returned not respected as he thought according to his estate and place for to say the truth the malapert fellow had touched the reputation and credit of the Queene of Scotland with I know not what slander and had not vouchsafed to giue her husband the title of King Anno 1566. IN Iune the Queene of Scotland in a happie houre and to the perpetuall felicitie of Britaine was deliuered of her sonne Iames who is now the Monarch of Britaine which shee signified forthwith vnto Queene Elizabeth by Iames Meluin Who although she was grieued at the heart that the honour to bee a mother was borne away before her by her aduersarie yet she sent Henry Killigrew incontinently to congratulate with her for her safe deliuerance and the birth of a sonne And to will her not to fauour any more Shane O-Neale then rebelling in Ireland nor to entertaine Christopher Rokesby fled out of England and to punish certaine theeues vpon the borders Shortly after the estates of the Realme in the Parlament holden at London moued the Queene earnestly to marry and to set downe and nominate her successor but she by no meanes could be drawne to it Yet that it might appeare to the world whom shee thought most rightfull successor shee cast into prison Thornton the Reader â—f the Law at Lincolnes Inne in London at that time of whom the Queene of Scotland had complained that he in his reading had called into question and made a doubt of the right of her succession The time being come for the baptizing of the Prince of Scotland the Queene of England being requested to be Godmother
no other cause but to trie the Dukes minde whether hee stood constant and resolute But the crimes of the other he wittily extenuated and by no meanes he could be induced to tell the names of the Noblemen that promised to helpe the Duke to surprize the Queene But he confessed that he by the commandement of the Queene of Scotland did aske aduice of the Duke Arundell Lumley and Throgmorton by their seruants that came to and fro and the Vicount Mountague by Lumley about the deliuerie of the Castles in Scotland the hostages the deliuerie of the King of Scotland vnto the English men and the restoring of the English Rebels Thus much of these matters this yeere out of the Dukes confessions and the Commentarie of Rosse himselfe written with his owne hand sent to the Queene of Scotland Matthew Earle of Lennox Regent of Scotland Grandfather to the King had summoned an assembly of the Estates at Sterling in the Kings name where liuing securely he was taken on the sudden by the Noblemen of the contrarie faction who held a Parlament at Edenburgh at the same time in the Queenes name He had yeelded himselfe to Dauid Spense of Wormeston who labouring diligently to saue his life was slaine together with the Regent who had gouerned the Realme for the King his Grandchild but foureteene moneths by Bell and Caulder In his place was substituted by the voices of the Kings faction Iohn Areskin Earle of Marre who died after hee had beene Regent but thirteene moneths These dangerous times produced in the Parlament holden in England this Law It was made treason if any attempted any harme or hurt made warre or moued any other to raise warre against the Queene If any affirmed that she possessed not the Crowne rightfully but that others had more right to the Crowne or did say that shee was an Heretike Schismatike or Infidell did vsurpe the right of the Kingdome during her life or shall say that any other hath right to the Crowne or that the Lawes and Statutes cannot define and binde the right of the Crowne and the succession of the same If any in the Queenes life by written or printed booke expresly affirme that any is or ought to be heire or successor of the Queene besides the naturall issue of her owne body or shall print or sell any bookes or schedules to that effect hee and his fautors for the first time shall be imprisoned a whole yeere and lose halfe his goods and for the second offence incurre Premunire that is to lose all his goods and lie in prison for euer This seemed somewhat seuere vnto many who were of opinion that the tranquillitie of the Realme would bee established by the designation of a certaine heire But it is wonderfull what iests somelewd construers of words made of that clause Besides the naturall issue of her body since the Lawyers call them Naturall that are borne out of matrimonie but the legitimate they call out of the forme of words vsed in the Law of England Children of his body lawfully begotten insomuch that being a young man I heard it often said that that word was thrust into the Act by Leicester to the intent that hee might at one time or other thrust vpon them against their wills some Bastard sonne of his as the naturall issue of the Queene An Act was made also at this Parlament that it should bee treason in them who reconciled any to the Church of Rome by any Bulls or Rescripts of the Popes or any that were reconciled they that releeued the reconcilers or brought in any Agnus Dei Grana Crucifixes or other things consecrated by the Pope into England should incurre the penaltie of Premunire And that it should bee misprision of treason in them that did not discouer their reconcilers It was moued in the same Parlament that if the Queene of Scotland did offend againe against the Lawes of England that they might proceed against her according to the Law as against the wife of a Peere of the Kingdome of England but the Queene would not suffer it to passe Anno 1572. ON the sixteenth day of Ianuarie Thomas Howard Duke of Norfolke was arraigned at Westminster Hall before George Talbot Earle of Shrewsburie appointed for that day Lord high Steward of England and on both sides of him sate the Peeres namely Reynold Grey Earle of Kent Thomas Ratclif Earle of Sussex Henry Hastings Earle of Huntingdon Francis Russell Earle of Bedford Henry Herbert Earle of Pembrooke Edward Seymer Earle of Hertford Ambrose Dudley Earle of Warwicke Robert Dudley Earle of Leicester Walter Deuereux Viscount Hereford Edward Clintōn Admirall William Lord Howard of Effingham Chamberlaine William Cecill Lord Burghley Secretarie Arthur Lord Grey of Wilton Iames Blount Lord Mountioy William Lord Sands Thomas Lord Wentworth William Lord Burrough Lewis Lord Mordant Iohn Powlet Lord Saint-Iohn of Basing Robert Lord Rich Roger Lord North Edmund Bruges Lord Chandois Oliuer Lord Saint-Iohn of Bletneshoo Thomas Sackuill Lord Buckhurst and William West Lord De La-ware Silence being made the Letters Patents of the Commission was read then a white wand was deliuered vnto the Lord Steward by Garter King at Armes which hee shortly after deliuered vnto the Serieant at Armes who stood by and held it vp all the while Then the Earles and Barons were called by their names and euery one made answer to his name Then silence was made againe and the Lieutenant of the Tower was commanded to returne his precept and to bring the Duke to the Barre Forthwith he was brought in and Sir Owen Hopton stood on the one side of him and Sir Peter Carew on the other side and next by him stood a man holding an Axe with the edge from the Duke Silence being made againe the Clerke of the Crowne said thus to the Duke Thomas Duke of Norfolke late of Keningale in the Countie of Norfolke hold vp thy hand which when hee had done the Clerke read the Inditement with a loud voice that is to say That in the eleuenth yeere of Queene ELIZABETH and after the Duke did traiterously deuise to put her from her Crowne and to kill her and to raise warre against her and to bring in forraine forces to inuade the Realme That whereas he knew MARIE late Queene of Scotland to haue claimed the Diadem of England with the title and armes thereof yet hee without the Queenes knowledge intended to marrie with her and lent her a great summe of money contrarie to the promise he had made vnder his owne hand That whereas he knew the Earles of Northumberland and Westmerland Markenfield and others had raised rebellion against the Queene and were fled into Scotland he releeued them with money That in the thirteenth yeere of the Queene hee by letters requested aid of men from Pope Pius Quintus the professed enemie of the Queene the King of Spaine and the Duke of Alba to deliuer the Queene of Scotland and to restore Papistrie into England
vpon thy Peeres who haue found thee guiltie therefore this Bench doth adiudge that thou shalt bee lead backe from hence vnto the Tower from whence thou camest and from thence laid on a Hurdle shalt be drawne vnto the place of execution and there to bee hanged cut downe aliue to bee bowelled thy head cut off thy body to bee diuided into foure quarters thy head and thy quarters to bee disposed of at the Queenes pleasure And so our Lord haue mercie on thy soule The Duke hearing this iudgement said with a good courage Iudgement is giuen against mee as against a Traitor I trust in God that excluded from your fellowship I shall enioy the celestiall fellowship I will prepare my selfe to die I request this one thing that the Queene would bee good to my children and seruants and see my debts paid A few daies after Barney and Mather were executed who conspired with Herle a Ruffian to kill some oâ— the priuie Councellors and to deliuer the Duke But Herle presently discouered the matter vnto whom Barney said smiling when hee saw him brought forth to giue euidence against him Herle thou wentest but one houre before me otherwise I had stood there in thy place to giue euidence and thou hadst stood here in my place to be hanged These plots and the like which were many were taken hold of to hasten the Dukes death which yet was staied and deferred for foure moneths But on the second day of Iune at eight of the clocke in the morning the Duke was lead vnto a Scaffold new builded on the Tower-hill and when hee was gone vp and Alexander To these things she first protesting that shee was a free Queene and subiect to none answered with a stout courage and countenance 1 That shee had not vsurped the title and armes of England but that the King of France and her husband imposed them vpon her being very young and vnder the direction of her husband and therefore not to bee laid vpon her for a fault neither that she did weare or vse them after her husbands dâ—ath neither that shee will claime them as long as Queene ELIZABETH and her children liued 2 That she neuer imagined any detriment or hurt to the Queene by her mariage with the Duke of Norfolke being perswaded it would bee for the good of the Common-wealth and that shee did not renounce it because shee had giuen her faith and troth vnto him 3 That she willed the Duke by some meanes to get away out of danger and prison which shee did out of the dutie she ought to him as her husband 4 That shee had not raised rebellion nor was priuie to the same who was alwaies most ready to reueale any attempts against the Queene if shee would vouchsafe to heare her speake 5 That she neuer releeued the English Rebells onely that in her letters shee commended the Countesse of Northumberland vnto the Duke of Alba. 6 That she vsed Ridolph whom she knew to be highly in the Popes fauour in many matters yet receiued no letters from him 7 That she neuer moued any to attempt her deliuerance yet that she willingly gaue eare vnto them that offered their labour therein and for that purpose that shee communicated vnto Rolston and Hall a priuate Character 8 That she had receiued sometimes letters from the Pope very pious and consolatorie in which were no such phrases of speech 9 That shee procured not the Bull That shee onely saw the coppie thereof printed and when she had read it ouer that she burned it 10 That if any in forraine Regions write or name her otherwise than they ought to doe let them answer for it 11 That shee neuer by letters required aid of the Pope and the King of Spaine to inuade England but onely to be restored into her Kingdome by their meanes and that with the Queenes priuitie 12 But if any question or doubt bee made of those letters of effecting the mariage by force of armes she requested since shee was borne of the royall bloud of England that shee might answer personally in the next Parlament that was to be holden And at this time the French King fauouring the Queene of Scotland and her partie and the Queene of England the King and his partie earnestly moued Queene ELIZABETH to deliuer the Queene of Scotland which the Queene of England denied to doe saying In very truth I keepe the Queene of Scotland in custodie after a faire manner as a pledge of mine owne securitie and of the safetie of England But when it was come to light that the Queene of Scotland intended a secret confederacie with the King of Spaine by the Lord Seton who landing in Essex disguised like a Mariner had promised aid of men to the Scots of the Queenes partie from Alba both shee was kept straiter in prison and the kindnesse of the French men toward her waxed key-cold Shortly after the league betweene England and France being concluded at Blois and the Duke of Momorancie being sent into England to confirme the same he in few words in his Masters name requested that as much fauour might bee shewed vnto the Queene of Scotland as might be without danger That there might bee a cessation of armes in Scotland and that concord might be established there by Parlament Hee was answered That more fauour was shewed to the Queene of Scotland than shee deserued and should bee shewed for the French Kings sake although the Estates of the Kingdome who were now assembled thought the Queene could be in no securitie without some seueritie shewed vnto her As for the cessation of armes the Queene had dealt diligently therein and for that purpose had sent very lately Drurie the Marshall of Barwicke with Crocus the French Embassadour and that they by no perswasions could bring Grange and the Garrisons in the Castle of Edenburgh to peace being induced by hope of aid from France and the Low-Countries though Huntley and Hamilton Arbroth for the Duke his father had bound themselues vnder their hands to obserue peace and the others of the Queenes side had giuen their word also Anno 1573. IN Scotland Iames Dowglas Earle of Mourton by the meanes of Queene ELIZABETH was made Regent in the place of the Earle of Marre who hauing his authoritie established in the Parlament did enact in the Kings name certaine Lawes against the Papists and against Heretikes but the custodie of the King hee confirmed to Alexander Areskin for that the Earle of Marre vnto whom the custodie of the King of Scotland in his minoritie doth belong by a peculiar right was vnder age vpon these conditions that is to wit That the Papists and they of the other faction should bee vtterly excluded an Earle might come in with two men a Baron with one man other men alone and euery one of these vnarmed And whereas Queene ELIZABETH by Henry Killigrew had drawne Iames Hamilton Duke of Chasteauleroy George Gordon Earle of Huntley who stood for
of iust causes which shee may declare in another place that the minds of men are carried away by sundrie kinds of affections that they would neuer haue confessed such things but either for gaine or vpon some hope that letters may be directed vnto others than vnto whom they are written and that many things which she had not dictated had many times beene inserted if her papers had not beene taken away and that shee had a Secretarie she could with more ease confute their obiections But nothing said the Treasurer shall be obiected but from the nine and twentieth day of Iune neither will the papers doe any good since the Secretaries and Babington himselfe without torture haue affirmed you to haue sent letters vnto Babington which thing although you deny let the Commissioners iudge whether more credit is to be giuen vnto their affirmation or your deniall But to come to the matter As a Counsellour I tell you this you haue made many propositions about your libertie at sundrie times that nothing came thereof was long of you or of the Scots and not of our Queene for the Noble-men of Scotland absolutely denied to deliuer the King for hostage And when last of all there was a treatie for your deliuery Parry was sent secretly by Morgan to kill the Queene Ah said shee you are my professed enemie Yea rather replied he I am an enemie to the enemies of Queene ELIZABETH but enough of these things Let vs therefore proceed vnto proofes when shee denied to heare Yet we will heare said he and I also said she in another place and will defend my selfe Now were read againe the letters vnto Charles Paget in which shee told him there was no other way for the Spaniard to bring the Netherlands into subiection than by placing a Prince in England who might doe him good the letters vnto the Lord Paget to hasten aid and forces to inuade England the letters of Cardinall Allan in which he saluted her as his high and soueraigne Ladie and signified that the businesse was commended vnto the care of the Prince of Parma As these were in reading she interrupted them saying That Babington and her Secretaries accuse her to excuse themselues that shee neuer heard of the six Ruffians that the other things were not to the matter that shee esteemed Allan to bee a reuerend Prelate that shee did acknowledge no other head of the Church than the Pope of Rome that she was not ignorant in what regard and estimation shee was with him and with forraine Princes nor could shee hinder it if they in their letters called her Queene that her Secretaries since they did against their office faith and fidelitie confirmed by oath vnto her deserued no credit that there was no credit to be giuen to them that were once forsworne though they swore againe by all the oathes of God neither that they did thinke themselues tied with any oath whatsoeuer in conscience since that they haue sworne vnto her before that loyaltie and secrecie neither for that they were not subiects of England that Nauus had written oftentimes otherwise than she had dictated and that Curlus had written all whatsoeuer Nauus had bidden but that she would maintaine and vphold their faults in all things but those that might blemish her honour Perhaps also these fellowes did confesse to doe themselues a benefit whilst they might thinke not to hurt her with whom as with a Queene they thought mildnesse should be vsed that shee heard nothing of Ballard but of one Hallard who had offered his seruice which yet she had refused for that shee had heard that the same man had beene belonging to Walsingham Afterward when the notes out of the letters vnto Mendoza which Curlus had acknowledged that hee wrote out in a priuate character were read before her and she was vrged out of them as if shee had compassed to transfer the right in the Kingdome vnto the Spaniard and that Allan and Parsons staied now at Rome for that purpose and intent Shee complaining that her seruants had broken their fidelitie confirmed by oath answered When I being in prison and languished with care A without hope of libertie and there was not any more hope left of euer bringing to passe those things which very many expected of me in my sicknesse and declining age Many thought it sit that the Succession of the Realme of England should be established in the Spaniard or in a Catholike English-man and a booke was brought to proue the right of the Spaniard which being not admitted by me I offended many But all my hope in England being now desperate I am resolued not to reiect forraine helpe The Sollicitor admonished the Commissioners secretly what might become of them their Honours goods and posteritie if the Kingdome should be so transferred but the Treasurer shewed them that the Kingdome of England could not be transferred but to descend by the right of succession according to the Lawes Shee requested that shee might be heard in a full and open Parlament or that shee her selfe might speake to the Queene whom she hoped would haue respect vnto a Queene and the Counsellors And then rising from her seat with a cheerefull countenance she spoke a few words aside with the Treasurer Hatton Walsingham and the Earle of Warwicke These things being done the Assembly or meeting was adiourned vnto the fiue and twentieth day of October in the Starre-chamber at Westminster Thus much of this matter out of the Commentaries of Edward Barker principall Register to the Queenes Maiestie and of Thomas Wheeler a Notarie publike Register of the Audience of Canterburie and of other credible persons that were present And in this manner the Queene thought good to haue her tried although the Lawyers who are so curious in the examining of words and following of formes rather than in the expounding of the Lawes themselues that according to their forme of law she was to be called to triall in the Countie of Stafford and to be brought to hold vp her hand at the barre publikely before the Bench and to be tried by twelue men saying this indeed was a sweet and goodly forme of iudgment against a Prince But to auoid and put away such absurdities shee thought it better to referre so great a cause vnto the Noblemen of the Land and Realme and to the Iudges and this scarce sufficeth when as said shee all mens eies are cast vpon vs Princes as being set aloft as on a high scaffold so that in vs euen the least blemish or spot is seene afarre off so that we are carefully to prouide that we doe nothing vnworthy of our selues But to returne where I left At that day met all the Commissioners but the Earles of Shrewsbury and Warwicke who were then sicke and after that Nauus and Curlus had affirmed and confirmed before them that euery and singular the letters and copies of letters which were produced before to bee most true vpon their oathes
that rather with a resolued and staied countenance she gaue thankes vnto God with lifting vp her hands vnto heauen And although Powlet her Keeper depriued her of all dignitie and respect and she was no more accounted of but as a meane woman of the basest ranke yet she endured it with a most quiet minde But hauing gotten leaue of him with too much adoe by letters vnto Queene ELIZABETH dated the nineteenth day of December she declareth her selfe free from all malice and hatefull minde against her giueth thankes vnto God for that sentence of death who would haue the end of her sorrowfull life to come She intreateth her that she may be obliged and beholden vnto her only and not vnto others for these benefits that follow since that she could expect and looke for no good from the hot-minded Puritans who carried all away in England First that when her enemies were glutted and satisfied with the shedding of her innocent bloud that her body may be carried by her seruants to be buried in some hallowed ground especially into France where her mother resteth in peace since that violence hath beene offered vnto the ashes of her forefathers and ancestors in Scotland and the Churches either pulled downe or prophaned neither could she hope for a buriall with Catholike rites in England amongst the ancient Kings the ancestors to both of them so that at last her body may rest which conioyned to her soule did neuer rest nor had quiet The second was forasmuch as she feared the secret villanie of many men that she might not be put to death secretly without the knowledge of Queene ELIZABETH but in the presence of her seruants and others who might beare true witnesse of her faith toward Christ her obedience to the Church and the end of her life against the false rumours which her aduersaries might spreade and deuise The third was that her seruants might freely and peaceably depart and might goe whither they would and enioy the legacies she had bequeathed vnto them in her Testament These things she requested very earnestly in the name of Iesus Christ by the soule and memorie of HENRY the seuenth progenitor to them both by the royall honour that she had borne Then she complained that all royall furniture was violently taken away by the commandement of some of her Counsellors and forebodeth that their malice would breake out vnto greater matters And addeth if they had shewen the letters and papers taken away without fraud and sincerely that it would haue plainly appeared that there was no other cause of her death than the too scrupulous care of some men of the securitie of Queene ELIZABETH Lastly she earnestly desired her to write a few words with her owne hand concerning these matters But whether these letters came euer to the hands of Queene ELIZABETH I cannot say But sundry men talked in sundry manners according to their sundry wits of this matter not to speake of the Clergie men of both sides who are for the most part vehement in their opinions There were some plaine and indifferent weighers of matters who thought they dealt very rigorously with her for that she was a free and absolute Princesse aboue whom none had any authoritie but God alone for that she was so very neere of kinne vnto Queene ELIZABETH who also had promised very liberally in the word of a Prince vnto her driuen out of her Realme as soone as she was arriued in England by Henry Middlemore all humanitie courtesie and rights of hospitalitie and yet on the other side had deteined her in prison and had violated the sacred bonds of friendly familiaritie That she could be in no other estate than of one taken in the warre and that all the meanes of getting safetie and libertie is lawfull to them that be taken in the warre That she could not offend in the case of treason in that she was no subiect and the like hath no power ouer the like and that thereupon the iudgement of the Emperour against Robert King of Sicilie was void and of none effect for that he was not subiect vnto the Empire That the Embassadors of Princes if they shall conspire against the King vnto whom they are sent Embassadours are not touched as Traytors much lesse the Princes themselues And that the Affect is not to be punished except the Effect follow And it was neuer heard that a Prince was put to death by the hand of an executioner Moreouer that shee was condemned against the Law of God the Ciuill Law of the Romans and the Lawes of England yea against the first Statute of the Parlament in the XIII yeere of Queene ELIZABETH her selfe in the which it was enacted that none should be arraigned for conspiring against the Queenes life but by the testimonie and oath of two lawfull witnesses to be brought forth face to face against the partie arraigned and in this iudgement no witnesse was produced but shee was oppressed and cast by the testimonie of her Secretaries who were absent Men also disputed of both parts of the credit of seruants men in prison and the testimonie of them of ones houshold And that word of the Emperour Hadrian was commended Credit is to be giuen vnto witnesses and not vnto testimonies These men also to themselues or their assured friends complained that busie fellowes were suborned who by dissimulation counterfeit letters and contriued deuices had cunningly deceiued a woman easie to bee wronged and greedie of libertie spâ—ed out and preuented her purposes and had drawne her into the worser which she had neuer thought on if she hâ—d beene kept with fitting care and such like secret and craftie plotters sent on purpose That it is an ordinarie thing for Courtiers in all ages to vrge and driue them that be hated euen against their will into the crime of Treason and craftily to breed trouble vnto vnwarie Innocence that is once imprâ—soned There were others who thought shee was not a free and absolute but only a Titularie Queene because shee had made a Session and passed away her Kingdome to her sonne and had submitted herselfe vnto the protection of the Queene of England when shee came first into England and as by well doing she had and enioyed the benefit of the Lawes so in doing euill shee might be subiect vnto the equitie of the same lawes according vnto that saying of the Lawyers Hee that offendeth against the Law deserueth not the benefit of the Law Otherwise the condition of a Forraine Prince offending in the Realme of another Prince should be better than the condition of a King reigning well They also thought her to be a Subiect although not Originary yet Temporary for that two absolute Kings as concerning Royall authoritie cannot be at one time in one Kingdome That this is a receiued and ruled opinion of the Lavvyers The King out of his Territorie except it be in a voyage of warre is a priuate man and therefore can neither bestow nor