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
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
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
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
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
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
to our welbeloued and trusty Henry Lord Compton another of the Lords of the Parlament And also to our welbeloued and trustie Henry Lord Cheney another of the Lords of the Parlament To our welbeloued and trusty Francis Knolles Knight Treasurer of our houshold another of our Priuy Counsell And also to our welbeloued and trusty Iames Crofts Knight Controller of our said houshold another of our Priuy Counsell To our beloued and trusty Christopher Hatton Knight our vice-Chamberlaine another of our Priuy Counsell And also to our trusty and welbâ—loued Francis Walsingham Knight one of our chiefe Secretaries another of our Priuy Counsell And also vnto our trusty and welbeloued William Dauison Esquier another of our principall Secretaries of our Priuy Counsell And to our trusty and welbeloued Ralph Sadleir Knight Chauncellor of our Dutchy of Lancaster another of our Priuy Counsell And also to our trusty and welbeloued Walter Mildmay Knight Chauncellor of our Exchequer another of our Priuy Counsell And to our trusty and beloued Amyas Powlet Knight Captaine of the I le of Iersey another of our Priuy Counsell And to our trusty and welbeloued Iohn Wolley Eâ—quire our Secretary for the Latine tongue another of our Priuy Counsell And also to our trusty and welbeloued Christopher Wâ—ay Knight chiefe Iustice of the Kings Bench And to our trusty and welbeloued Edmund Anderson Knight Chiefe Iustice of the Common Bench Roger Manwood Knight Chiefe Baron of our Exchequer Thomas Gawdy Knight one of our Iustices of the Kings Bench And William Peryam one of the Iustices of our Bench Greeting c. And not to set it downe verbatim After the recapitulation of the Act made the last yeere these words follow When after the end of the Session of Parlament viz after the first day of Iune in the XXVII yeare of our reigne diuers things haue beene compassed and deuised tending to the hurt of our Royall Person as well by Mary daughter and heire of Iames the fift lately King of Scotland and commonly called Queene of Scotland and Dowager of France pretending title vnto the Crowne of this Realme of England as by diuers other persons with the priuity of the same Mary as it is giuen vs to vnderstand and for that we intend and determine that the said Act should be executed rightly and effectually in all things and by all things according to the tenour of the said Act and that all the offences aforesaid in the aforesaid Act as it is said mentioned and the circumstances of the same should be examined and sentence and iudgement thereupon giuen according to the tenor and effect of the said Act We giue vnto you and to the greater part of you full and ample power faculty and authority according to the tenour of the said Act to examine all and singular things compassed and deuised tending to the hurt of our Royall Person with the priuity of the said Mary and all the circumstances of the same and all the aforesaid offences whatsoeuer mentioned in the said Act as it is said and all circumstances of the same offences and of euery one of them And moreouer according to the tenour of the said Act to giue sentence and iudgement euen as the matter shall appeare vnto you vpon good proofe And therefore we command you to proceed diligently vpon the aforesaid things in the forme aforesaid at certaine daies and places which you or the greater part of you shall appoint and prouide for this purpose c. The most of these came to Fodringhay Castle in Northamptonshire on the xj day of October where the Queene of Scotland was then kept On the next day the Commissioners sent vnto her Sir Walter Mildmay Sir Amyas Powlet and Edward Barker a publike Notary who deliuered into her hands the letters of Queene ELIZABETH which when she had read ouer she with a Princely countenance and quiet minde said I am much aggrieued that the Queene my most deare sister is wrong informed of me and that I who haue so straitly beene kept so many yeeres and being now lame after I haue offered so many equall and faire conditions for my liberty haue laine so long time neglected Although I haue fully forewarned her of many dangers yet I was not beleeued but was alwaies despised although I am most neere to her in bloud When the Association was made and when it was confirmed in the Parlament I foresaw that whatsoeuer danger befell either by forraine Princes abroad or any harebraine fellowes at home or for the cause of Religion I should pay deare for the same I hauing so many deadly enemies at the Court I may take it in euill part and I haue cause for it that a league was made with my sonne without my priuity or knowledge but such like things I pretermit But to come vnto these letters It seemeth strange vnto me that the Queene commandeth me as if I were her subiect to come vnto a triall I am an absolute Queene neither will I doe or commit any thing which may empaire or wrong the Royall Maiestie of Kings and Princes of my place and ranke or my sonne My minde is not so deiected neither will I yeeld and sinke downe vnder calamity I referre my selfe vnto those things which I protested before Bromly and the Lord De la Ware The lawes and statutes of England are to me vtterly vnknowne I am destitute of counsellours I tell you plaine I know not who may be my Peeres my papers and notes of remembrances are taken from me there is none that dare pleade or speake in my cause I am free from all offence against the Queene neither am I to be called in question but vpon mine owne word or writing which can neuer be brought against me But yet I cannot deny but that I haue commended my selfe and my cause to forraine Princes On the next day returned vnto her in the name of the Commissioners Powlet and Barker who shewed this answer put into writing and they asked her if she persisted in the same After she had heard it distinctly read she commended it as truly and rightly conceiued and said she would persist in the same But said she I did not remember one thing which I wish may be put in Whâ—reas the Queene hath written I am subiect and liable vnto the lawes of England and am to be iudged by them because I liued vnder the protection of them I answer That I came into England to aske and craue aid and helpe from which time I haue beene kept and deteined in prison and could not enioy the protection and benefit of the lawes of England and hitherto I could not vnderstand by any body what the lawes of England were In the afternoone many chosen out of the Commissioners with men skilfull in the Canon and Ciuill lawes came vnto her but the Chancellor and the Treasurer declared their authority out of the letters patents and shewed her that neither captiuity nor the prerogatiue of
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
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