bee sent ouer into Ireland if reciprocally the Irish men be tied with the same condition not to passe ouer into Scotland For the more firme assurance of these things they consented to giue hostages whomsoeuer the Queene of England would name except the Duke of Chasteauleroy the Earle of Huntley Argile and Atholl Moreouer they consented that the Queene of Scotland should bee excluded from all her right of succession in England if she attempted any thing against the right of the Queene of England so that the Queene of England might againe bâ—e tied in some equall penaltie also if shee attempted any thing against the Queene of Scotland Concerning the Castles of Hume and Fast Castle they requested that they may bee restored vnto the Lord Hume the true Lord and proprietarie of them and that the English men would detaine them no longer from him And that to deliuer Fortresses in Galloway or Cantire vnto forrainers was no other thing than to giue a new occasion of warre When they could not agree vpon these Articles and the Commissioners came not from the Regent of Scotland and in the meane time it was reported and bruted that aid was earnestly requested by her friends of the Pope the King of France and the Duke of Alba for the deliuerance and freeing of the Queene of Scotland and the English rebels as Westmerland the Countesse of Northumberland and the rest were conueied secretly out of Scotland nothing came of this Treatie but yet The Bishop of Rosse sent the Articles of this treatie vnto the Pope and the Kings of France and Spaine and insinuated vnto them that the Queene of Scotland must of necessitie yeeld vnto them vnlesse they holpe her both with aduice and other aid very shortly which he did most importunately request at their hands but in vaine for all they were earnestly busied with other matters Anno 1571. A Little before this time Ridolphus the Florentine before named who had vsed much merchandize and trafficke at London fifteene yeeres sent very secretly the Letters of the Pope vnto the Queene of Scotland in the which hee promised his care and studie to the vtmost of his goods and labour to aduance the Catholike Religion and her and required her to shew fauour and giue credit vnto Ridolphus in all things and also that hee may vnderstand by him who now determined to returne into Italy by what meanes he may doe any good and giue any releefe vnto the Catholike Religion and remedy vnto the common mischiefes in England and Scotland Ridolphus also in his owne priuate letters requested the Queene to impart these things vnto the Duke of Norfolke and her friends and that she would commend him vnto them But she delaied her answer though the Kings of France and Spaine and the Duke of Alba wrote to the same effect vntill she saw vnto what end the treatie already begunne would come For there was come as from the King of Scotland to talke of the Scottish affaires the Earle of Mourton Petcarne Abbot of Dunfermelling and Iames Mac-Gill who vnto Queene ELIZABETH commanding them to lay downe euidently the causes of their depriuing the Queene of Scotland and to proue them to be iust shewed a tedious and long instruction or memoriall wherein with a most insolent libertie and bitternesse of speech they endeuoured to proue the people of Scotland to be superiour and aboue their Kings by the ancient priuileges of the Kingdome of Scotland by old forgotten and also late examples collected from all places yea and by the authoritie of Caluin they also endeuoured to proue that the popular Magistrates are appointed and made to moderate and keepe in order the excesse and vnrulinesse of Kings and that it is lawfull for them to put the Kings that bee euill and wickeâ— into prison and also to depriue them of their Kingdomes But they spake much of their lenitie vsed toward their depriued Queene because they suffered her to set her sonne in her place and to appoint gouernours vnto him That it proceeded out of the mercie of the people and not for her innocencie that they suffered her to liue and many other things which turbulent wits doe malapertly deuise and inuent against the royall Maiestie of Kings This memoriall Queene ELIZABETH read but not without indignation and as a libell written in the slander and reproach of Kings condemned it though she said nothing but vnto the Commissioners she answered that as yet shee did not see a iust cause of their abusing and vexing the Queene in that manner and therefore her will was that they should take some speedy course for the quenching the diuision and discord in Scotland Hereupon at the house of Bacon Keeper of the great seale it was proposed vnto the Bishop of Rosse the Bishop of Galloway and the Lord Leuingston Commissioners for the Queene of Scotland That for to giue securitie vnto the Kingdome and Queene of England and vnto the Noblemen that tooke the Kings part the Duke of Chasteauleroy the Earles of Huntley and Argile the Lords Hume and Herris and another Lord should be giuen for hostages and the Castles of Dunbritton and Hume deliuered vnto the hands of the English men for three yeeres They answered it was not to be doubted but the Queene of Scotland who of her free will committed her selfe to the protection of the Queene of England would also most willingly giue her satisfaction in all things which might conueniently bee done but to deliuer such great men and such Fortresses was no other thing but to spoile and depriue the distressed Queene of the succour and strength of all her most faithfull friends and of most strong places But they offered two Earles of whom one should be one of the three named and two Lords to be hostages for two yeeres but that the Holds and Castles by the league could not bee deliuered vnto the English men except others in like manner were deliuered vnto the French men But said Bacon all the Realme of Scotland the Prince the Noblemen and Castles are not all sufficient to giue securitie vnto the Queene and the most flourishing Realme of England and therefore the Queene of Scotland was not to be let goe vpon any securitie the Scots could propose Hereupon they immediatly gathered and said openly that now at length they plainly vnderstood that the English were resolued fully to keepe the Queene prisoner for euer in England and withall to breake off the Treatie since they exacted so earnestly such securitie as Scotland could not by any meanes performe yet the other Councellors of England protested that they earnestly desired the deliuerance of the Queene of Scotland so that sufficient securitie were giuen And to that purpose they also talked with Mourton and his associates hereof and of deliuering the King into England who in plaine termes answered that they had no commission to treat or deale either to receiue home the Queene into Scotland or to deliuer the King into England
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
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
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
body able to discharge the most weightie matters of Estate But this is most certaine that the Earle of Athold Tullibardin and Lidington who were also of their counsell did will her to subscribe vnto the Letters Patents of the resignation that she might auoid death assuredly intended and that this would be no wrong nor barre to the prisoner or her heires forasmuch as prison is a iust feare and a promise made by a prisoner by the opinion of the Lawyers is of no force and vtterly void And that Nicholas Throgmorton did perswade her to the same by a schedule written with his owne hand whom she also requested to signifie vnto the Queene of England that she had subscribed by coaction and against her will Moreouer that Lindsey when he brought the Letters Patents of the Cession to bee subscribed threatned her with death and draue her by force to subscribe vnto it which shee neuer read the teares running downe from her eies And that the Lord of the Castle of Lochleuyn refused to subsigne it as a witnesse because he saw and knew for certaine that shee subscribed against her will Also that resignation and renunciation is most vniust in which nothing is assigned vnto her whereon shee may liue nor libertie granted nor securitie of life promised So that to men of indifferencie such like vniust resignation cannot seeme to preiudice her royall Maiestie which as soone as she was free at libertie openly declared she did it by compulsion making a Declaratorie thereof before many Noblemen of the Realme Neither ought those things which they brag they did by the authoritie of Parlament be any preiudice vnto the Queene for where in the Parlaments of Scotland about an hundred Earles Bishops and Barons haue their voices in this tumultuarie Parlament there were present no more but foure Earles one Bishop onely one or two Abbots and six Barons and of that small number some did put in a protestation that nothing should be done to the wrong of the Queene or her successors because she was a captiue Neither were the Embassadors of England nor France admitted to know of her whether she resigned her Kingdome voluntarily although they made earnest suit sundry times And that it is so vntrue that the vsurping Regent hath iustly administred the Common-wealth it is most apparant that impietie did neuer reigne more and with lesse controlment in throwing downe Churches ruinating worshipfull families and afflicting the miserable commonaltie Therefore they request earnestly that the Queene of England would speedily helpe the Queene her Cousin most vniustly and vilely oppressed with her fauour aduice helpe and assistance Thus much out of the originall copies of the Commissioners written with their owne hands which I haue seene When the English Commissioners had heard these things they required that Murrey should produce and proue more sound causes of this great seueritie vsed against an absolute Queene Forasmuch as whatsoeuer had beene hitherto shewed was not strengthened with witnesse but with letters of small credit and Lidington had insinuated that hee had oftentimes counterfeited the Queenes hand He refused to accuse his sister any further before strangers except the Queene of England did repromise to vndertake the protection of the Infant King and vtterly to relinquish the Queene of Scotland When they by the authoritie of their Commission could not promise it one or two of either part are sent for vnto London vnto whom Queene ELIZABETH declared That shee could not yet cleere the subiects from fault against their Princesse yet that shee would intreat her for them and heare if they had any thing else to say for their excuse Murrey who followed them in plaine termes refused to accuse his sister but vpon the condition he had spoken of at Yorke Then were the Commissioners called backe and put out of Commission the Duke being glad at his heart who had alwaies fauoured the Queene of Scotlands right in the matter of succession and thought that all this doing was nothing but to brand her with the marke of eternall infamie and thereupon to exclude her as an vnworthy person with her little sonne of all her right of succession in England And hee thought hee had thereby escaped two perils for he feared if he had pronounced against her hee should doe against his conscience and vndoe her for euer and if hee spake for her lest hee should incurre the implacable indignation of the Queene and the hate of all them that loued her not for Religions sake But whereas at that time the affaires of Scotland were much troubled by the friends of the expulsed Queene and the presence of Murrey was needfull there he began his accusation before the Queene Bacon Keeper of the great Seale the Duke of Norfolke the Earles of Arundell Sussex and Leicester Clinton Lord Admirall William Cecill and Ralph Sadleir Commissioners appointed by new Letters Patents and produced Articles standing vpon coniectures the testimonies of some men and the decrees made in the Parlament but especially certaine amatorie Epistles and Verses written as he said with the Queenes hand to proue her priuie to the death of her husband and Buchanans booke called the Detection hee gaue them to reade which was of small credit with the greater part of the Commissioners because hee was one of that side and wonne by money to write But as for the Epistles and Verses which wanted names subscriptions and notation of the time since that there bee euery where many forgers which can so cunningly imitate and counterfeit other mens hands that hardly the true can be knowne from the false Queene ELIZABETH gaue small credit though there was womanly priuie hatred which carrieth away that sex farre from the right betweene them and shee was well content that some blot of reproach by this accusation was left and remained on the Queene of Scotland But when her Commissioners heard that shee was contumeliously accused by Murrey they were most ready to answer but shee being secretly instructed by many English Lawyers that it was lawfull so to doe forasmuch as the former authoritie and Commission giuen to the Duke and others was abrogated had already taken away their Commission and shee in plaine termes refused the new English Commissioners of whom one or two shee thought to wish her no good but rather ill except the French and Spanish Embassadors might be added vnto them and she herselfe might be publikely admitted to defend her innocencie before the Queene and Murrey detained and brought to triall whom she affirmed might be proued to bee the contriuer of the murder of DARLY Which things when Norfolke Arundell Sussex Leicester and Clinton thought not to be vniust Queene Elizabeth somewhat angry said openly that the Scottish woman should neuer want an Aduocate as long as Norfolke liued and thought it enough to impart the crimes obiected by Murrey vnto euery one of the priuie Councell and also vnto the Earles of Northumberland Westmerland Shrewsburie Worcester Huntington and
receiued him and conueyed him vnto Burnham three miles from Windsor where the Queene then lay Foure daies after the Abbot of Dunfermelling deliuered the letters of Murrey Regent of Scotland vnto the Queene in which hee shewed her that the Duke dealt with him secretly at Hampton Court to fauour his mariage with the Queene of Scotland and that if hee would not he threatned him exceedingly and that hee promised to fauour it that he might preuent and auoid the await ambuscado laid by one Norton to kill him from whom and others the Duke gaue his word hee should returne without danger And that shortly after the Duke requested him by his letters written in Ciphers to giue his consent vnto the mariage Moreouer that the Duke did signifie vnto him by Boyd that hee would neuer forsake and abandon the Queene of Scotland and further that the agents of the same Queene had almost perswaded the Râ—gent that Queene ELIZABETH had consented to the mariage and also that she had offered to her the hope of the Kingdome of England And Queene ELIZABETH also found out that shee had signified vnto certaine Noblemen of England to winne them vnto her side that shee went about that businesse which would bee very necessary for the most certaine securitie of the Queene of England and the like safetie for both the Kingdomes The Duke who had secret and warie commerce of letters which were sent priuily in Ale-bottles with the Bishop of Rosse Leicester and Throgmorton was about this time examined about this mariage with the Queene of Scotland and his secret conferences with the Bishop of Rosse and confessed most things was sent to the Tower of London vnder the keeping of Sir Henry Neuill Knight being bitterly reproued that hee had departed from the Court without leaue obtained and charged as though he had intended to rebell Two daies after the Bishop of Rosse was examined in like manner and Robert Ridolph the Gentleman of Florence whom the Bishop of Rosse others vsed familiarly is deliuered vnto the custodie of Francis Walsingham The Earle of Pâ—mbrooke is commanded to keepe his house and is priuately examined yet in regard of his Nobilitie and old age hee had the fauour that his examination was not set downe in writing Which thing he required because he could not write Some Noblemen were forbidden the Court as priuie to these matters who humbly confessed that they with the Duke agreed to the mariage which Murrey had first propounded yet so that the Duke the Queene of Scotland and they willed that the matter should bee referred vnto the Queene before the mariage was to be solemnized and desired pardon for their offence In like manner the Earles of Northumberland and Westmerland who were of this counsell submitted themselues vnto Sussex Lord President of the North and besought him to make intercession vnto the Queene for their pardon Also sundry Pamphlets came out against this mariage and against the Queene of Scotland and the right by which shee claimed to become heire vnto England wherein they shewed their wits with such malapert saucinesse that the Queene thought once to haue forbidden them by seuere edict and permitted the Bishop of Rosse winking thereat to make answer who forthwith set forth a booke vnder the name of Morgan Philips against them wherein hee defended the honour of his Queene her right to succeed and the gouernment of women for this also was impugned but ingenuously acknowledged afterward in his Commentaries that he had his arguments for her right of succession secretly from Anthonie Browne chiefe Iustice in the common Place and Carrell an excellent good common Lawyer Shortly after befell the rebellion in the North raised by the Earles of Northumberland and Westmerland with many other Gentlemen Who when they vnderstood for certaine that the Queene of Scotland whom to set at libertie they had principally taken armes was caried away from Tutburie vnto Couentrie vnder the keeping of the Earles of Shrewsburie and Huntingdon and also moued with the great preparation of the Queene they with a few others fled into Scotland Anno 1570. THe rebellion in England being now quenched Murrey Regent of Scotland laboured diligently that the Queene of Scotland might be deliuered into his hands and for that cause he both offered hostages and also to restore vnto them the Earles of Northumberland and Westmerland and brought to passe that the Bishop of Rosse as the kindler of the rebellion was committed vnto the custodie of the Bishop of London Then to purchase the good will of Queene ELIZABETH in the moneth of Ianuarie he came with an armie into the borders of Scotland towards England to hunt out the English rebels of whom he tooke a few and those of small account but at last hee found the Earle of Northumberland lurking about Hartlawe amongst the theeues on the borders discouered by his host one of the Grayhams who betraied him and sent him vnto Lochleuin to be kept and in this iourney he annoied and spoiled the borders exceedingly But in the same moneth after hee had taken great paines and thought himselfe in great securitie he was shot from out of a priuie place thorow the body a little beneath the nauell with a Bullet as he rode thorow the streets of Lithquo by one Hamilton who escaped by and by into France and liued certaine yeeres after oftentimes protesting that he did it to reueâ—ge himselfe of a priuate grudge against him hee not being able to endure patiently the iniuries he offered vnto him For Murrey had banished the fellow for that hee had stood for the Queene and imprisoned him threatning now and then to hang him vntill he resigned and gaue away vnto a seruant oâ— Murrey a littleground which came to him by his wife whereupon his wife fell mad and in a furious rage he brake prison and committed the murder Neither could the man after bee perswaded in France when he seemed to be a man fit for a desperate action to attempt the same against the Admirall Coligni oftentimes saying that he was the reuenger of his owne iust griefe for which he was sorie but he would not be the reuenger of another mans neither for gold nor request Hereupon was there much talke of the Regent that was slaine thorow all Britaine The most wondering at vaine matters namely the dreame of his mother of the Lion and the Dragon fighting in her wombe after that King Iames the fifth had had his pleasure on her Among the wiser sort according to their partiall affections commended he was by some for destroying the Romane Religion in Scotland the conseruation of the King a childe the equall administration of iustice and his munificence and liberalitie toward learned men and Bâ—chanan aboue the rest On the other side he was reproued by others as though he tooke religion for a cloake and enriched himselfe and his friends with the spoiles of the Church and how hee was not onely iniurious but also
to breake out in Norfolke which was quenched in the beginning some Gentlemen of Norfolke desiring to deliuer the Duke who was exceedingly loued of all men had deuised at Harleston Faire by sounding of a Trumpet to gather a multitude vnder the pretence to expulse strangers out of the land Iohn Felton who had fixed the Popes Bull on the Bishop of Londons gate in the night being apprehended for hee would not flie when hee might being arraigned with a stout courage confessed the deed which yet he would not acknowledge to bee any offence was executed neere vnto the place where hee had fixed the same The same day Felton was arraigned the Duke of Norfolke confessing his offence and shewing great penitence and hauing by his writing giuen his word not to deale any more about the mariage with the Queene of Scotland without the priuitie of Queene ELIZABETH was brought backe from the Tower of London to the great ioy of the people remaining at his owne house vnder the keeping of Sir Henry Neuill And indeed he could not be arraigned of treason by the Statute of 25. of Edward the third as Cecill said who desirous of the Dukes good was earnest to haue him marrie another woman whereby hee might bee lesse feared and the publike tranquillitie conserued Yet some there were that thought hee was let out of purpose that he might be thrust into some greater danger And indeed moe things came euery day to light than he suspected and the credit of his most secret counsellors were corrupted with hopes or with bribes These times were full of suspitions and conspiracies for there conspired to deliuer the Queene of Scotland out of prison Thomas and Edward Stanley the younger sonnes of the Earle of Derby by the daughter of Thomas Duke of Norfolke Thomas Gerard Rolston Hall and others in Derby-shire But Rolstons sonne who was one of the Pensioners opened the conspiracie and they were all cast into prison but Hall who escaped into the I le of Man and from thence vnto Dunbritton where being taken at the winning of the Castle hee was conueied vnto London and there executed as a Traitor And the Bishop of Rosse himselfe lately deliuered out of prison was againe deliuered vnto the custodie of the Bishop of London for that he had secret conference with the Earle of Southampton a man wholly addicted to the Romane religion Queene ELIZABETH her minde being in great doubt of trouble vpon the publication of the Bull and the insurrection intended in Norfolke sent Cecill and Mildmay vnto the Queene of Scotland who then lay at Chattesworth in Derby-shire to consult and deuise with her by what meanes the diuision in Scotland might in the best manner be compounded she restored vnto her former estate and prouision made for the securitie of Queene ELIZABETH and the safetie of her little sonne Shee did nothing but deplore her most distressed estate complaine of the crafty policies of Murrey excuse Norfolke and put all her hope in the benignitie of Queene ELIZABETH They for the making and establishing of a sincere league of amitie betweene the Realmes propounded these Articles 1 The Treatie of Edenburgh should bee confirmed Shee should renounce her title and right to England during the life of Queene ELIZABETH 2 She should not renew nor keepe any league with any Prince against England 3 Shee should not admit or receiue any forraine Souldiers into Scotland 4 She should haue no practice nor intelligence with any Irish or English men without the Queenes knowledge 5 She should restore the English fugitiues and rebels 6 Shee should make amends or recompence for the hurt done vnto the English borderers 7 She should enquire according to the Law for the murders both of Darly and Murrey 8 She should deliuer her sonne pledge into England 9 She should not marrie with any English man without the knowledge of the Queene of England nor with any other against the wills of the States of Scotland 10 The Scots should not passe ouer into Ireland without leaue obtained out of England 11 For the confirmation and assurance whereof the Queene and the Commissioners to be appointed should set to their hands and seales 12 Six hostages whom the Queene of England should name should be sent into England 13 If the Queene of Scotland attempted any thing against the Queene of England by her selfe or by any other she should lose all her right ipso facto which she claimeth in England 14 The Castles of Hume and Fast Castle to be kept by the English men three yeeres 15 Some Fortresse also in Galloway or Cantire should be deliuered vnto the English men lest the Irish-Scots should infest Ireland from thence 16 Lastly the Estates of Scotland should confirme all and singular these things by the authoritie of Parlament To these propositions she out of her discretion did answer warily enough vpon the sudden but shee referred them for a fuller answer vnto the Commissioners sent by her Lieutenants in Scotland who were the Bishop of Rosse her Embasladour in England Alexander Gordon Bishop of Galloway Vncle vnto the Earle of Huntley and William Lord Leuingston who afterward admitted some of these Articles and reiected others They answered That the treatie of Edenburgh should bee confirmed the title renounced during the life of Queene ELIZABETH That they must consider of the ancient league with France which if they did not keepe the Queene should lose her Dowrie the Scottish Nation of the which one hundred men at armes on horse-backe and one hundred foure and twentie Archers are maintained in the Guard Merchants Students many that possesse land by inheritance and that haue spirituall liuings should be put out and lose their pensions immunities and priuileges which they enioy being very great and Scotland should bee depriued of the amitie and aid of a most mightie Nation Which things except the English men did liberally and bountifully recompence they cannot renounce and forsake the French league by any meanes That they will not admit any forraine Souldiers except in case of such a rebellion that cannot bee supprest by Souldiers of their owne Countrie That the Queene of Scotland shall haue no intelligence with the subiects of England so that the Queene of England in like manner shall haue none with the subiects of Scotland to the hurt of Scotland If there bee any English rebels or fugitiues they be in the hands of the Scottish rebels and are to be demanded of them The hurts done are to be examined by Commissioners For the murder of DARLY and Murrey let them be inquired of according to the Lawes of Scotland That they cannot deliuer the King for hostage who is in the hands of them that vse the Kings name as a colour for their rebellion against the Queeene That it is strange and a thing not heard of at any time that a free Princesse should be prescribed in her mariage by a forraine Prince and her owne subiects That the Scots shall not
But the Commissioners of the Queene of Scotland reiected this speech as a friuolous excuse For certainly they that had authoritie to depriue the Queene had also authoritie enough to restore and set her at libertie neither needed they to looke for any authoritie from the rest of the Conspirators since that their wicked fact had made them equalls facinus quos inquinat aequat As for the Prince he could not being but fiue yeeres old giue them authoritie and as for the Regent he had committed all the matter to Queene ELIZABETH and to her pleasure Therefore they besought the Commissioners of England that these men might bee compelled to consult thereof or else the matter ended and compounded vpon equall conditions without these men But Queene ELIZABETH when shee saw nothing could bee done to giue her selfe the King and the Realme securitie except both the factions agreed together Shee thought it fitting that the Estates of Scotland which were shortly to assemble did elect and choose out men who should endeuour to make a composition Hereupon Rosse and his associates openly complained that many of the Queene of Englands Councellors did abuse the prudence of the Queene of England and the patience of the Queene of Scotland and to haue deluded forraine Princes with their subtill policies and brought the Scots in a vaine hope to their great hurt And indeed the Queene of Scotland stomacking and complaining of the same and wearie of these delaies called away the Bishop of Galloway and Leuingston and commanded Rosse whom the Queene of England had commanded to depart from London to stay at London by the right of an Embassador which made a suspicion to grow and appointed her friends in Scotland to take armes and not trust any longer vnto the truces which had beene hurtfull vnto them For in the time whâ—n these things were done in England they had sustained great losses many had beene put to execution more slaine and Dunbritton the strongest Fort in Scotland taken and Iames Hamilton Archbishop of Saint Andrewes brother to the Duke of Chasteauleroy as priuie to the murder of the King not so much as arraigned or tried was hanged by the accusation of a Priest who affirmed that he had heard it in confession by one of the Regicides When now the captiue Queene had no hope left and was in great griefe and all her seruants but ten and a Priest to say Masse were sent away and all her hope to obtaine her libertie was gone shee could not refraine but did open that which she had long concealed in her minde Shee therefore sent secretly vnto the Duke of Norfolke a long Commentarie of her purposes which she had written before time and certaine loue-letters in a priuate Character knowne to them two and other letters to be carried to the Pope and the King of Spaine by Ridolphus whom she commended as one very carefull of her good and her very friend Higford the Dukes Secretarie who wrote out this Commentarie and letters in an vsuall hand and letter was commanded to burne it but hee hid it vnder the Matt in the Dukes chamber and that of purpose as it seemed This Ridolph once to the Duke himselfe and more times by Barker reasoned thus That hee had obserued that there were many Noblemen and Commons in England that desired an Innouation and those were of three sorts Some that had bin in credit in the time of Queene Maries reigne now were not accounted of Others that were addicted to the Popish Religion and grudged inwardly that they might not vse it freely And others that were not content with their estate and hoped for better These were ready but wanted some Nobleman to bee their Captaine or Leader and forraine aid There could not be a fitter man for Captaine and more noble than the Duke who had the loue of the Realme And hee had great reason to reuenge the wrongs done vnto him by his long detention in prison and now to his reproach not called vnto the Parlament in which he had a place and voice as the chiefest Nobleman and Earle Marshall of England And to perswade him the more effectually he shewed him a roll of the Noblemen who had vowed to spend their liues and goods for him if he would attempt it As for forraine aid he assured him that the Pope so that the Romish Religion might bee aduanced would defray all the charges of the warre who had already laid in banke a great summe of money the last yeere when the Bull was published of the which money Ridolph himselfe had distributed a great part among the English fugitiues Hee promised that the King of Spaine irritated by the iniuries of the English men would send to helpe them foure thousand horse and six thousand foot which might bee sent ouer and landed at Harwich a Port in Essex whereabouts the Duke had many tenants and Gentlemen holding of him most fitly and without suspicion in the beginning of Summer when the Duke of Medina Caeli was to come with a good Nauie into the Low-Countries Lastly he concluded that such a moderation might be vsed that all suspicion of treason in the Duke might be taken away and prouision made for the safetie of the Queene of England if onely shee would embrace or tolerate the Romish Religion and consent to the mariage of the Queene of Scotland with the Duke The Duke gaue eare to these things as likely but yet refused to subscribe vnto the letters of credit as they call them which Ridolph being ready to depart shewed vnto him Neither would he heare the aduice of Rosse which hee had long studied and put into his head by Barker namely that the Duke with a selected companie of Noblemen to take the Queene suddenly and to disturbe the Parlament and by this meanes the mariage with the Queene of Scotland might bee finished and the Romish Religion set in better state in England without any great stirre and without any forraine aid Which might easily be done hauing so many Noblemen ready and prompt to enter into this action as could not bee assembled againe in one place without suspicion And iust cause there was for that the Duke was kept long in prison against the Lawes of the Realme and not admitted into the Parlament and also for that more rigorous Lawes were deuised against the Papists And to doe this hee brought in the example of Castrutio in Italy and others who by sudden actions had prosperously effected great matters and how fiue Noblemen in Scotland very lately had disturbed the Parlament wherein Murrey was to bee attainted and gotten the Queene into their hands This aduice the Duke who was out of his inbred good nature farre from any villanie detested and disliked as pernicious and dangerous But about the same time Henry Percy offered his seruice vnto Rosse for to deliuer the Queene of Scotland out of prison so that Grange and Carre of Ferniherst would receiue her at the borders of
the Queene to these conditions namely To acknowledge the Religion established in Scotland To submit themselues to the King and also to Mourton as his Regent and to his successors in the gouernment To renounce the authoritie of all others To account them Traitors by authoritie of Parlament that attempted any thing against the Religion the King or Regent That the sentence against the Hamiltons and the Gordons should be repealed c. But these conditions William Kircaldy Lord of Grange the Lord Hume Lidington and the Bishop of Dunkelden and others who thought the Queene of Scotland to be iniuriously vsed would vpon no termes admit but fortified the Castle of Edenburgh of which Grange was Captaine placed therein by Murrey looking for aid from France and the Duke of Alba but Sir William Drury being sent into Scotland with forces out of England to ioine with the Scots the same Castle was yeelded in the three and thirtieth day of the siege and so the Castle and all the prisoners were deliuered vnto the Regent who hanged Kircaldy without mercie spared Hume and others at the request of Queene ELIZABETH Lidington was sent to Lieth where he died not without suspicion of poison And to the end that England might also bee more secure from clandestine attempts at home on the behalfe of the Queene of Scotland Iohn Lesly Bishop of Rosse who very faithfully had serued his Queene yet with the destruction of many men and danger of more was deliuered out of prison and commanded to depart out of England and went into France fearing Southampton whom by his appeaching he had brought in danger and also Henry Howard the Duke of Norfolkes brother to mollifie whose anger hee wrote an Apologie He was scarce departed but his secret Letter-carrier Henry Cokin was taken and by him was Morgan detected who prompt to doe some exploit for the Queene of Scotland and desirous to haue done somewhat forthwith fled away Atsloe the Physitian for the Papists and Goad Doctors of Physicke and Francis Berty because they had secret commerce of letters with her were put certaine moneths in prison And for the same cause Henry Goodyer and Richard Louder were called into question In the meane while Rosse did not pretermit any part or dutie of a most faithfull subiect to the Queene of Scotland towards the Emperour the Pope the French King and the Catholike Princes of Germanie who euery one gaue good words and hopes but yet performed nothing And also the Duke of Alba in whom he put his greatest trust did at this time depart out of the Low-Countries to his great griefe Anno 1574. HEnry the third of that name King of France and his mother did all that they could by secret deuices to get the young King of Scotland into France and to get Mourton out of his office of Regent sending secretly Scots out of the French Guard for this purpose into Scotland which thing the Queene of Scotland desired much being perswaded that if her sonne were in France out of danger that shee and the Papists in England should be dealt withall more mildly For hereupon she thought it would come to passe that the faction in Scotland hitherto countenanced by the authoritie of the Kings name would decay and come to nothing and that the English men would feare him more and more as hee grew vp in yeeres as well from France as out of Scotland And as much did the French men wish the same secretly fearing lest the Regent of Scotland depending wholly on the English should dissolue the ancient league betweene the Scots and the French Yet when the Regent earnestly requested that a league of mutuall defence betweene England and Scotland might bee made hee was not heard perhaps for that he requested withall that an annuall pension might bee assigned vnto him and vnto certaine other Scots But they were heard who with a small suspicion touched the Queene of Scotland the Countesse and Earle also of Shrewsburie as though they had wrought a mariage betweene Charles Vncle vnto the King of Scotland vnto whom the King had lately in the Parlament confirmed the Earledome of Lennox and Elizabeth Candish daughter to the Countesse of Shrewsburie by her former husband without the Queenes knowledge For which cause the mothers of both them and others were kept in prison and all the fault was laid vpon the Queene of Scotland And when sundry suspicions grew of the intent and purpose of this mariage Henry Earle of Huntingdon was made Lord President of the Councell in the North with new and secret instructions concerning this matter Anno 1575. THis yeere died in Scotland the most Noble Lord Iames Hamilton Duke of Chasteauleroy and Earle of Arran who was the Grand-childes sonne of Iames the second King of Scotland by his daughter the Tutor of Queene MARIE of Scotland and Gouernour of the Kingdome and heire designed while she was in her minoritie At such time as he had deliuered her vnto the French men hee was made Duke of Chasteauleroy in France then chiefe of the three Gouernours of Scotland appointed by MARIE in her captiuitie Whose cause while he defended most constantly he being a plaine and well-meaning man was vexed with all manner of politike and craftie deuices by turbulent and vnquiet minded people Anno 1577. DOn Iohn d'Austria had made a perpetuall edict at Gaunt to giue satisfaction to the Estates of the Netherlands for their aggrieuances which the Prince of Orange vtterly condemning opportunely heard that Don Iohn intended to marrie the Queene of Scotland on which he willingly laid hold and forthwith certified Queene ELIZABETH thereof by Famier thereby to withdraw her minde from peace yet she as one ignorant thereof by Daniel Rogers shewed her gladnesse of the perpetuall edict of peace though now she had certaine knowledge that Don Iohn by the perswasion of the Earle of Westmerland and the English fugitiues and forward fauour of the Pope and the Guises had in hope swallowed that mariage and withall the Kingdomes of England and Scotland and had already appointed to surprize the I le of Man in the Irish Sea as a fit place to inuade England out of Ireland and the West borders of Scotland wherein the Queene of Scotland had many assured friends as also in the opposite side of England North-wales Cumberland Lancashire and Cheshire where most of the inhabitants were earnest Papists But indeed Don Iohn as wee haue learned of Perez Secretarie to the King of Spaine before now ambitiously minded when hee had lost the hope of the Kingdome of Tunise had dealt couertly with the Pope about the expulsion of Queene ELIZABETH the marrying of the Queene of Scotland and the conquest of England and vnknowne to Philip had preuailed so farre that the Pope as out of the care of the common good moued Philip to make warre against England and Don Iohn himselfe being to depart into the Low-Countries had prosecuted it earnestly in Spaine and afterwards by
Queene of Scotland deliuered vnder the conduct of Guise as Generall who wanted nothing but money and some bands of men in England to ioyne with him to his helpe To procure these things that Charles Paget vnder the counterfet name of Mope was sent secretly into Sussex where the Duke of Guise determined to land his Armie That he acquainted Mendoza who had notice and knowledge of these things already by the Conspirators with the matter and told him the names of the Hauens and Noblemen Neither did he denie that he promised his furtherance and withall to haue admonished Mendoza with what Noblemen he being a publike person should treat of this matter which he being a priuate man could not doe without great danger and that he shewed a way to him how some principall Catholikes as soone as the forraine Forces were landed might leuie souldiers in the Queenes name and then to ioyne them to the forraine Forces These things he voluntarily confessed Yet at the Barre in the Guildhall of London being accused of these things he precisely denied euery one of these things and auerred that they were meere deuices of his owne head to auoid the torment of the racke againe and openly accused the Queene of crueltie and the examiners of falshood deuising an escapatorie or starting-hole by the space of time which was betweene the fault committed and the iudgement Forasmuch as in the thirteenth yeere of Queene ELIZABETH certaine things were made treasons for the which none should be arraigned except the delinquent were indited within six moneths after the fault committed and the crime was proued by the testimonie and oath of two men or by the voluntary confession of the offender without violence and that this time was expired long since and that therefore he was not to be arraigned for the same But the Iudges told him that the crimes obiected vnto him were not of that kinde but that he was liable to the Law by an ancient law of treason made in the time of King Edward the third which admitteth no circumscription of time or proofe and that by that law the sentence of death was pronounced against him Being afterward perswaded he fled vnto the mercy of the Queene and againe confessed in a writing more fully all things which he had said before which things not perseuering in his words he began to denie againe at the gallowes but in vaine M. Waad being returned out of Spaine was sent to the Q. of Scotland about a treatie to be had between her and Sir Walter Mildmay which was propounded two yeeres since and interrupted as is said before vnto whom she affirmed with great protestations with what sinceritie she hath dealt about this treatie and withall deuoteth herselfe and all her labour vnto the Queene and promiseth to depend wholly on her if onely shee would vouchsafe her so much loue and honour Moreouer she firmely promised so that the treatie might goe forward that she would intercede yea and bring to passe that her sonne should receiue Angus and the other Noblemen of Scotland into fauour and also that the Bishops of Rosse and Glasco her Agents and Ministers in France should not plot any thing against the Queene and Kingdome of England and that shee would haue nothing to doe with the Rebels or Fugitiues of England Queene ELIZABETH was glad to heare these things and whereas that Angus Marre I Hamilton and Glammys were fled into England and making vse of the opportunitie offered sent Beale vnto the Queene of Scotland who together with the Earle of Shrewsburie should shew her that if shee continued in the same minde with which shee had acquainted Master Waad that Mildmay should come forthwith vnto her and treat with her about her libertie and then should talke with her in the meane while to entreat her sonne the King to restore the Scottish Fugitiues and to tell her that they had committed no fault against the King but against some violent Counsellors who gaue him euill counsell and lastly that as much as they could they should get out of her the practâ—ses of the Guises She being a wise woman answered That she much desired that the treatie might goe forward and that shee requested earnestly of Queene ELIZABETH as of her eldest sister vnto whom shee gaue all honour That shee had propounded nothing vnto Master Waad but vpon condition and that hee whom shee thought to bee an honest man would not say otherwise For the restoring of the Scots that her labour therein would be very necessary and should not be wanting if she certainly knew any good would redound to her selfe and her sonne so that they would humbly submit themselues vnto the King and be obedient vnto him but if that were not done that then the Queene should giue aid vnto her sonne that they might bee reduced vnto their obedience Moreouer she doth not cloake nor hide it that she when she was sickly committed her selfe and her sonne vnto the care and trust of the Guise her most deare Cousin of whose purposes or intents shee knew nothing neither would she discouer them if she knew them vnlesse a firme assurance were giuen her of her libertie for that it was the part of an vnaduised person to forsake her assured friends for an vncertaine hope She requested that she being an absolute Prince might bee no more dishonourably vsed than Queene MARIE did sometime deale with her selfe being at that time her subiect and imprisoned or than the French King did vse the King of Nauarre being also his subiect and bore armes against him Shee also requested that the treatie might bee brought to an end before any in Scotland were sent Embassadour about that matter And for that the French King had acknowledged her ordinarie Embassadour and Seton sent by her sonne into France as Embassadours from Princes of the same authoritie and conioyned she gaue that honour to the Queene to publish this Association of her and her sonne in Scotland and besought her not to preiudicate the same These things were heard but by terrors obiected shifted off and deluded by the meanes of them who know how to nourish the hatred betweene the women that bore no in ward good will one to the other especially by the discouerie of the papers which Chreycton a Scottish Iesuite sailing into Scotland and intercepted by some Sea-rouers of Holland tore in peeces but the torne papers cast out of the ship were cast againe into the ship by a contrary wind not without a miracle as Chreycton himselfe said and glewed together by the great labour and singular skill of Waad laid open and discouered new plots of the Pope of the King of Spaine and the Guises about the inuading of England Therefore to occurre vnto and preuent the wicked counsels and secret policies of seditious persons and to prouide for the Queenes safetie vpon the which both the Kingdome and Religion depended Many men Leicester being the beginner of all estates in England
VINCVLA CRESCO Another was a Palme tree much laden but rising againe with these words PONDERIBVS VIRTVS INNATA RESISTIT Also an Anagram VERITAS ARMATA out of her name MARIA STEVARTA the letters being transposed which was taken in the worse part Moreouer there were letters shewne as if they had beene intercepted in the which the friends of the Queene complained that all their hope was quite cut off if she was but put into the custodie of the Puritans Vnder this colour she was taken from Shrewsbury and committed to the custody of Amias Paulet and Drewgh Drury and that of purpose as some thinke that being driuen into desperation she might be more apt to take abrupt counsels and more easie to be intrapped For Sbrewsbury in all that fifteene yeeres had so prouidently kept her that there was no place left of plots from her or against her And now also she dealt more earnestly with the Pope and the King of Spaine by Francis Inglefield to hasten that which was begun and that with all expedition whatsoeuer became of her And Leicester who was thought to study how to deceiue the right owner of the succession secretly sent ruffians as many said to murther her But Drury an honest minded and vpright man detested the wickednesse from his heart and suffered them not to haue any accesse vnto her Yet some spies secretly crept in and there were closely sent as well counterfeit as true letters by which her womanish weaknesse might be thrust forward to her destruction as we will say hereafter And to turne quite away the loue of Queene ELIZABETH from her it was whispered in her eares that Allan for the Catholikes Ecclesiasticks of England and Inglefield for the Laicks and the Bishop of Rosse for the Queene of Scotland with common consent and with the consent of the Pope and the King of Spaine had decreed that Queene ELIZABETH was to be deposed from her Crowne and the King of Scotland was to be disinherited of the kingdome of England as manifest and open Heretiques the Queene of Scotland to be maried to some Catholike Nobleman of England he to be chosen King of England by the English Catholikes and the election to bee confirmed by the Pope The lawfull children of this man by the Queene of Scotland to be declared successors in the kingdome And all these things vpon the credit of Hart a Priest But who this Englishman should be Walsingham made diligent inquiry but he found not who he was But the suspicion fell vpon Henry Howard brother to the D. of Norfolke who was of the chiefe Nobility a single man and an earnest Roman Catholike and amongst them of great reputation and account Anno 1585. IN the beginning of this yeare was a Parliament holden at Westminster where the aforenamed Association was confirmed by the common consent of both the houses And it was enacted that foure and twenty or more of the Priuy Counsell and Nobility of the land chosen by the Queenes letters Patents might inquire of them who shall inuade the Realme raise rebellion or attempt to hurt or kill the Queenes person for any whosoeuer or by them whosoeuer who may challenge right vnto the crowne of England But he for whom or by whom they shall attempt shall bee made vtterly vncapable of the Crowne of England and shall be vtterly depriued of all right thereunto and shall be pursued euen vnto death by all the subiects if he shall be iudged and publikely declared by those foure and twenty men to be priuy to such an Inâ—asion rebellion or hurt There were also acts made against Priests and Iesuits to this effect That they should depart out of the Realme within X L. daies That for them who from thenceforth came into the Realme and staied it should be treason That they who knowing them to be such doe reâ—eeue receiue or helpe them should be fellons so they call all capitall offences vnder treason That they who are brought vp in the Seminaries if within six moneths after proclamation made they doe not returne and doe not make submission vnto the Queene before the Bishop or two Iustices of peace shall be guilty of treason But they who shall submit themselues if within ten yeeres they come vnto the Court or neerer it than ten miles their submission shall be void They whosoeuer shall send any money by any manner of meanes vnto the Students in the Seminaries shall incurre a Praemunire that is perpetuall imprisonment and losse of all their goods If any of the Peeres of the land that is to say Dukes Marquesses Earles Barons Lords of the Parliament shall offend against these lawes he shall be tried by his Peeres They who shall know any such Iesuits and others to lie hid in the Realme and shall not discouer them within twelue daies shall be fined at the Queenes pleasure and put into prison If any man be suspected to be a Iesuite or Priest and doe not submit himselfe vnto examination for his contempt he shall be imprisoned vntill he doe submit himselfe He that shall send his children or any others vnto the Seminaries and Colleges of the Roman profession shall lose and forfeit a hundred pounds of English money And they who are sent shall not succeed in their heritages nor enioy the goods that may fall vnto them by any manner of meanes And so shall they also who within a yeare after they returne home from the Seminaries except they doe conforme themselues vnto the Church of England If the keepers of hauens permit others beside Sailers Mariners and Merchants to passe ouer the sea without the Queenes licence or six of her Counsellors shall lose their places and the Masters of the ship who shall carry them oâ—t shall lose and forfeit their ships and goods and be imprisoned a whole yeere With the seuerity of these lawes the Roman Catholikes in England were very much terrified and amongst them Philip Howard Earle of Arundell eldest sonne vnto the Duke of Norfolke insomuch that he determined to depart out of the Land lest he should offend against them This man by the benignitie of the Queene was restored in bloud three yeeres before this time a little after he fell out of the Queenes fauor grace by the secret insimulation of some great Courtiers had secretly reconciled himselfe vnto the Romane religion and vsed a very austere life Hereupon he was once or twice called before the Counsell and cleared himselfe of the obiections laid to his charge but yet he was commanded to keepe his house After six moneths more or lesse he was discharged and came to the Parlament yet the first day when the Sermon was preached he stole couertly out of the company The Parlament being ended as being resolued to depart away out of the Land in his letters written vnto the Queene which yet he commanded to be deliuered after he was gone ouer he made a long and lamentable complaint of the enuie of his mighty aduersaries
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
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
that may be hurt and dammage to my most deare sister vnwitting to mee let them bee punished for their inconsiderate boldnesse I certainly know if they were here present they would in this cause acquite mee of this fault And if I had my papers here I could answer vnto these things in particular Amongst those things the Treasurer obiected that she had determined to send her sonne into Spaine and to assigne ouer vnto the Spaniard the right that shee challenged in the Kingdome of England Vnto whom shee answered That she had no Realme that she could giue away but yet it was lawfull to giue away her owne things at her will and pleasure When the Alphabets of Cyphers conueyed vnto Babington the Lord Lodouick and to the Lord of Fernihurst were obiected vnto her out of the testimonie of Curlus shee denied not but that she had set downe more and among the rest that for the Lord Lodouick at such time as shee commended him and another vnto the dignitie of a Cardinall and as shee hoped without offence forasmuch that it was no lesse lawfull for her to haue commerce of letters and treat of her affaires with men of her Religion as it was for the Queene with the professors of the other Religion Then they pressed her thicker with the agreeing testimonies of Nauus and Curlus repeated againe and shee also repeated her former answers or else repulsed them with precise denials protesting againe that shee neither knew Babington nor Ballard Among these speeches when the Treasurer put in his verdict saying that she knew well Morgan who secretly sent Parry to kill the Queene and had giuen him an annuall pension she replied she knew that Morgan had lost for her cause all that he had and therefore she was bound in honour to releeue him and that shee was not bound to reuenge an iniurie done by a well deseruing friend vnto the Queene but yet that shee had terrified him from making any such attempts But yet pensions said shee were giuen out of England vnto Patricke Grey and to the Scots that were mine enemies as likewise to my sonne The Treasurer answered At such time as the reuenues of the Kingdome of Scotland were much diminished and impaired by the negligence of the Viceroyes the Queene gaue some liberalitie vnto the King your sonne her most neere allied Cousin Afterward was shewed the contents of the Letters vnto Inglefield and to the Lord Paget and vnto Bernardino de Mendoza concerning forraine aid And when to those shee had made answer These things touch not nor concerne the death of the Queene if so be that strangers desired and laboured to deliuer her it was not to be obiected against her and that she had sundry times signified vnto the Queene that she would seeke for her libertie The matter was adiourned vnto the next day On the next day she repeated againe her former protestation and requested that it might be recorded and a copie thereof deliuered vnto her lamenting that the most reasonable conditions which she had propounded oftentimes vnto the Queene were alwaies reiected yea when she promised to giue her sonne and the sonne of the Duke of Guise for hostages that the Queene or the kingdome of England should take no harme by her That she saw long ere now that all waies of libertie were stopped but now that shee is most basely vsed to haue her honour and estimation called into question before Petifoggers and Lawyers who draw euery circumstance into consequences by their quiddities and trickes since that anointed and consecrated Princes are not subiect nor vnder the same lawes that priuate men are Moreouer when they haue authoritie and commission giuen them of examining Things tending to the hurt of the Queens Person yet notwithstanding the cause is so handled and letters wrested that the Religion which she professeth and the immunitie and maiestie of forraine Princes and the priuate commerces betweene Princes are called into question and she below her Royall dignitie is brought to the barre as it were to be arraigned and to no other purpose but that she may be wholly excluded from the fauour of the Queene and from her right in the Succession when she appeared voluntarily to confute all obiections lest shee might seeme to haue beene slacke in the defence of her honour and credit Shee also called to their memorie how ELIZABETH her selfe had beene drawne into question for the conspiracie of Wyat when yet she was most innocent Religiously affirming that although she wished the good and welfare of Catholikes yet she would not haue it to be done by the death and bloud of any one That she had rather play the part of Hester than of Iudith make intercession vnto God for the people rather than to take away the life of the meanest of the people And then appealing vnto the Maiestie of God and vnto the Princes that were allied vnto her and repeating againe her protestation she requested that there might be another assembly about this matter and that shee might haue a Lawyer assigned vnto her and that since she was a Prince that they would giue credit to the word of a Prince for it was extreme folly to stand vnto their iudgement whom she most plainly saw to be armed with fore-iudgements against her Vnto these speeches the Treasurer said Since that I beare a twofold person the one of a Delegate or Commissioner and the other of a Counsellor First take of me a few things as from a Commissioner Your Protestation is recorded and the copie thereof shall be deliuered vnto you Wee haue authoritie giuen vs vnder the Queenes owne hand and the great Seale of England from the which there is no appellation neither come we with a fore-iudgement but to iudge according to the rule and square of Iustice The Lawyers aime at no other thing but that the truth may appeare how farre forth you haue offended against the Queens person We haue ful power giuen vs to heare and examine the matter yea in your absence yet we desire to haue you present lest we should seeme to diminish your honour or credit neither haue we thought to object vnto you any thing but that you haue done or attempted against the Queenes person The letters are read for no other purpose but to lay open the practise against the Queene and other things pertaining thereunto and are so mingled with other things that they cannot be separated And therefore the whole letters and not parcels taken out of sundrie places of them are read for as much as circumstances doe giue credit vnto the things of which you dealt with Babington Shee interrupting him said That the circumstances might be proued but not the deed that her integritie depended not vpon the credit and memory of her Secretaries though shee knew them honest but yet if they haue confessed something out of feare of the racke hope of reward and of impunitie it is not to be admitted and receiued out
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