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
her from mariage againe She answered mildly that she would take deliberation in the matter and consult with the Estates of the Realme about it And to shew herselfe courteous and bountifull to her brother she created him Earle of Marre and afterward Earle of Murrey because Marre was in controuersie and aduanced him to an honourable mariage All this shee did being all this while ignorant that hee affected the Kingdome bragging that he was the lawfull sonne of Iames the fift And to make the way thereunto he through the fauourwherein hee stood with the Queene oppressed the most noble familie of the Gordons who had very many vassals tenants and retainers whom hee feared much both in respect of himselfe and of their religion And banished from the Court the Duke of Chasteauleroy who was accounted the next heire to the Crowne imprisoned the Earle of Arran his sonne banished Bothwell into England and put all them that he thought might crosse him out of office And he as a Guardian kept the Queene as his Ward and at his command being most carefull and diligent to keepe her from mariage And as soone as he vnderstood that on the one side the Emperour sued to her for his brother and the King of Spaine for his sonne he disswaded her vtterly from them both because forsooth the libertie of Scotland would not nor could not endure a forraigne Prince And whensoeuer that gouernment descended vnto women that they maried no other husbands but of the Scottish Nation But afterwards when all the Scots generally wished to see her maried and hee found out that the Countesse of Lennox had so prouidently wrought that shee inclined to marrie Darly hee also commended him as a good husband for her hoping the young man being of a soft nature would be ruled by him in all things Yet when hee saw the Queene to loue Darly exceedingly and he himselfe to grow out of her fauour hee repented him of his counsell hee had giuen and willed Queene Elizabeth to hinder her mariage by one meanes or other The mariage being made vp and Darly proclaimed King when the Queene reuoked the donations made to him and others against the Lawes in her minoritie hee with other put himselfe in armes against the King alleadging that the new King was an enemie vnto the Religion of the Protestants and that he was maried without the consent of the Queene of England But hee fled into England as I haue already said neuer aduenturing to fight And being frustrate of all hope of helpe from thence hee dealt by letters with Mourton a profound subtill man who was as his other selfe that since the mariage could not bee dissolued yet that the loue betweene the parties might be broken by some secret deuices and a fit occasion offered it selfe for she vpon the arising of some priuate discontent to keepe vnder the swelling minde of the young man and to conserue her royall authoritie whole to her selfe had begunne to set her husbands name last in the Proclamations and Records and to omit it vtterly in the coine Mourton being a cunning man to breed discontents with his flattering words crept into the Kings good liking and opinion and then perswaded him to take vpon him the Crowne of the Realme yea in despight of the Queene and to make himselfe free from the gouernment of women for that it is the condition of women said he to obey and of men to rule By this counsell if it were taken he hoped not onely to draw away the loue of the Queene but of all the Nobilitie and commons also from the King to estrange the Queene and with diuers slanders first heartened the King to murther Dauid Rizius a Piedmountoys lest that politike fellow should preuent their purposes this man was a Musitian by profession and came the last yeere with Moret the Embassador of Sauoy and by the Queene for his wit and dexteritie receiued into her houshold and fauour and preferred to write her French letters and vnto her priuie Councell in the absence of the Secretarie Then to estrange her loue the more he perswaded the King to bee present at the murder with Ruthen and the rest who rushing together with him in to the Queenes dining Parlour at supper time shee sitting at the table with the Countesse of Argile assaulted the fellow with their naked swords as he tasted meat taken from the Queenes table at the Cupbord as the seruants of the priuie Chamber vse to doe before her face being great with childe trembling with feare setting a Pistoll at her breast so that shee was in danger of abortion and dragged him into the vtter Chamber where they most cruelly killed him and shut vp the Queene into a Parlour Mourton all this while guarding all the passages This murther was committed the euening before the day appointed vnto Murrey to appeare for his triall in the assembly of the Estates for his rebellion who came in on the next day when no body expected him and no man appeared against him in that troublesome time So that it may seeme that the murder of Dauid was hastened of set purpose to procure the securitie and safety of Murrey Yet the Queene at the earnest suit of the King receiued him courteously and continued in brotherly loue towards him But the King when he considered the enormitie of the offence and seeing now the Queene to bee very angry repented his rashnesse and in humble manner submitted himselfe vnto her clemencie weeping and lamenting and asking pardon did ingenuously confesse that he committed that hainous offence by the instigation of Murrey and Mourton and from thenceforth did so hate Murrey for Mourton Ruthen and others were fled into England vpon the murther with the commendatorie letters of Murrey vnto Bedford that hee deuised to kill him But when out of wrath and rashnesse hee could not conceale his purpose nor such was his respect vnto the Queene his wife durst execute it he told her how profitable it would bee for the common-wealth and also for the securitie of the royall familie if Murrey were rid out of the way She detesting the thing terrified him euen with threats from such enterprises putting him in hope of reconciliation Yet hee when hee saw to his hearts griefe the Bastard to be of such power with the Queene out of his impatience hee plotted the same matter with others which when it came to the eares of Murrey to preuent him vnder colour of dutie hee laieth closer snares for the young man vsing Mourton though absent for his counsellor They thought it requisite aboue all things vtterly to auert the Queenes minde from the King and by flatterie to induce Bothwell lately reconciled vnto Murrey and in great fauour with the Queene into their societie shewing him a hope to be diuorced from his wife and to marrie with the Queene as soone as she was widow And for the performance of these things and also to defend him against all persons
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
But the Commissioners of the Queene of Scotland reiected this speech as a friuolous excuse For certainly they that had authoritie to depriue the Queene had also authoritie enough to restore and set her at libertie neither needed they to looke for any authoritie from the rest of the Conspirators since that their wicked fact had made them equalls facinus quos inquinat aequat As for the Prince he could not being but fiue yeeres old giue them authoritie and as for the Regent he had committed all the matter to Queene ELIZABETH and to her pleasure Therefore they besought the Commissioners of England that these men might bee compelled to consult thereof or else the matter ended and compounded vpon equall conditions without these men But Queene ELIZABETH when shee saw nothing could bee done to giue her selfe the King and the Realme securitie except both the factions agreed together Shee thought it fitting that the Estates of Scotland which were shortly to assemble did elect and choose out men who should endeuour to make a composition Hereupon Rosse and his associates openly complained that many of the Queene of Englands Councellors did abuse the prudence of the Queene of England and the patience of the Queene of Scotland and to haue deluded forraine Princes with their subtill policies and brought the Scots in a vaine hope to their great hurt And indeed the Queene of Scotland stomacking and complaining of the same and wearie of these delaies called away the Bishop of Galloway and Leuingston and commanded Rosse whom the Queene of England had commanded to depart from London to stay at London by the right of an Embassador which made a suspicion to grow and appointed her friends in Scotland to take armes and not trust any longer vnto the truces which had beene hurtfull vnto them For in the time whâ—n these things were done in England they had sustained great losses many had beene put to execution more slaine and Dunbritton the strongest Fort in Scotland taken and Iames Hamilton Archbishop of Saint Andrewes brother to the Duke of Chasteauleroy as priuie to the murder of the King not so much as arraigned or tried was hanged by the accusation of a Priest who affirmed that he had heard it in confession by one of the Regicides When now the captiue Queene had no hope left and was in great griefe and all her seruants but ten and a Priest to say Masse were sent away and all her hope to obtaine her libertie was gone shee could not refraine but did open that which she had long concealed in her minde Shee therefore sent secretly vnto the Duke of Norfolke a long Commentarie of her purposes which she had written before time and certaine loue-letters in a priuate Character knowne to them two and other letters to be carried to the Pope and the King of Spaine by Ridolphus whom she commended as one very carefull of her good and her very friend Higford the Dukes Secretarie who wrote out this Commentarie and letters in an vsuall hand and letter was commanded to burne it but hee hid it vnder the Matt in the Dukes chamber and that of purpose as it seemed This Ridolph once to the Duke himselfe and more times by Barker reasoned thus That hee had obserued that there were many Noblemen and Commons in England that desired an Innouation and those were of three sorts Some that had bin in credit in the time of Queene Maries reigne now were not accounted of Others that were addicted to the Popish Religion and grudged inwardly that they might not vse it freely And others that were not content with their estate and hoped for better These were ready but wanted some Nobleman to bee their Captaine or Leader and forraine aid There could not be a fitter man for Captaine and more noble than the Duke who had the loue of the Realme And hee had great reason to reuenge the wrongs done vnto him by his long detention in prison and now to his reproach not called vnto the Parlament in which he had a place and voice as the chiefest Nobleman and Earle Marshall of England And to perswade him the more effectually he shewed him a roll of the Noblemen who had vowed to spend their liues and goods for him if he would attempt it As for forraine aid he assured him that the Pope so that the Romish Religion might bee aduanced would defray all the charges of the warre who had already laid in banke a great summe of money the last yeere when the Bull was published of the which money Ridolph himselfe had distributed a great part among the English fugitiues Hee promised that the King of Spaine irritated by the iniuries of the English men would send to helpe them foure thousand horse and six thousand foot which might bee sent ouer and landed at Harwich a Port in Essex whereabouts the Duke had many tenants and Gentlemen holding of him most fitly and without suspicion in the beginning of Summer when the Duke of Medina Caeli was to come with a good Nauie into the Low-Countries Lastly he concluded that such a moderation might be vsed that all suspicion of treason in the Duke might be taken away and prouision made for the safetie of the Queene of England if onely shee would embrace or tolerate the Romish Religion and consent to the mariage of the Queene of Scotland with the Duke The Duke gaue eare to these things as likely but yet refused to subscribe vnto the letters of credit as they call them which Ridolph being ready to depart shewed vnto him Neither would he heare the aduice of Rosse which hee had long studied and put into his head by Barker namely that the Duke with a selected companie of Noblemen to take the Queene suddenly and to disturbe the Parlament and by this meanes the mariage with the Queene of Scotland might bee finished and the Romish Religion set in better state in England without any great stirre and without any forraine aid Which might easily be done hauing so many Noblemen ready and prompt to enter into this action as could not bee assembled againe in one place without suspicion And iust cause there was for that the Duke was kept long in prison against the Lawes of the Realme and not admitted into the Parlament and also for that more rigorous Lawes were deuised against the Papists And to doe this hee brought in the example of Castrutio in Italy and others who by sudden actions had prosperously effected great matters and how fiue Noblemen in Scotland very lately had disturbed the Parlament wherein Murrey was to bee attainted and gotten the Queene into their hands This aduice the Duke who was out of his inbred good nature farre from any villanie detested and disliked as pernicious and dangerous But about the same time Henry Percy offered his seruice vnto Rosse for to deliuer the Queene of Scotland out of prison so that Grange and Carre of Ferniherst would receiue her at the borders of
Scotland and of Rosse with the Commentarie hee was astonied but beholding the Commentarie with the letters which he thought had beene burned hee brake out into these words I am betraied and vndone by my seruants because I knew not how to distrust which is the sinew of wisdome But hee besought the Commissioners very humbly to speake vnto the Queene in his behalfe promising that hee would hide nothing that hee knew and solemnly protesting that hee approued nothing which might haue beene wrong vnto the Queene or detriment vnto the Realme yea that hee vtterly condemned the purposes and plots to surprize the Queene and the Tower of London and to set free the Queene of Scotland and that hee neuer had a thought to bring in any forraine forces but onely to suppresse the Scots that rebelled against the Queene The same day being examined of fiftie Articles more or lesse he concealed nothing Then all the course of the businesse was laid downe and declared in the Star-chamber a great assembly of Noblemen the Maior and Aldermen of London being present and afterwards to all the Citizens in the Guild-hall by William Fleetwood the Recorder But when the Bishop of Rosse was accused by the confession of euery one of them and by the Duke himselfe also as the contriuer of the businesse a serious consultation was had what was to be done with him that was an Embassadour For he whiles he thought it lawful for him as such kinde of men vse to doe to aduance the affaires of his Prince by any manner of meanes and not to be brought in question of law vpon the inuiolable priuilege of Embassadours in a strange Court had done many things long since turbulently in kindling a commotion and hauing nightly conferences with the Earle of Southampton and others and now againe with the English fâ—gitiues in the Low-Countries the Duke of Alba the King of Spaine and the Pope about the inuasion of England Therefore the cause was put to Dauid Lewis Valentine Dale William Aubrey and Henry Iones Doctors of the Ciuill Law 1 First whether an Embassadour that raiseth or procureth rebellion against a Prince vnto whom he is Embassadour may enioy the priuileges of an Embassadour and not be subiect to punishment as an enemie They answered Such an Embassadour by the law of Nations and ciuill Law of the Romans hath lost all the priuileges of an Embassadour and was subiect to punishment 2 Secondly whether an Agent of a Prince who is depriued by publike authoritie and in whose place another is crowned may enioy the priuilege of an Embassadour They answered If such a Prince be lawfully depriued his Agent cannot challenge the priuilege of an Embassadour since none but they which haue the rights of an absolute Prince can appoint Embassadours 3 Thirdly whether a Prince who shall come into the Kingdome of another Prince and bee kept in prison may haue his Agent and whether he be to be accounted an Embassadour They answered If such a Prince who shall come into the Kingdome of another Prince and bee kept in prison hath not lost his principalitie hee may haue an Agent but whether that Procurator may be reputed an Embassadour that dependeth on the authoritie of his Commission or delegation 4 Fourthly whether if any such Prince doe denounce tell to such an Agent and Prince being in prison That this Procurator shall bee accounted no longer for an Embassadour whether this Procurator by the Law may challenge the priuileges of an Embassadour They answered The Prince may forbid the Embassadour that he doe not come into the Realme and command him to depart out of the Realme if hee doe not containe himselfe within the bounds prescribed vnto an Embassadour yet in the meane time hee may vse and enioy the priuileges of an Embassadour according to the authoritie giuen him by his Commission After these answers of the learned Lawyers Rosse being brought backe out of the Isle of Ely was sharply rebuked and told by the Councellors that hee was no more to be acknowledged for an Embassadour but as a plotter of treasons to be seuerely punished He answered That he is the Embassadour of an absolute Queene vniustly depriued That hee had dealt diligently according to his place and dutie for the libertie of his Prince and the good of both the Kingdomes That he came into England with a sufficient authoritie which hee shewed with the most ample authoritie of an Embassadour and that the sacred rights and priuileges of Embassadours are not to bee violated by any meanes Burghley told him in discreet words that neither the priuileges of Embassage nor letters of publike credit did protect Embassadours who offend against the publike Maiestie of the Prince but that they are subiect to punishment otherwise it might bee lawfull for wicked minded Embassadours to attempt any thing against the liues of Princes Hee on the other side stood still in it that the rights and priuileges of Embassadours were neuer violated by the course of Law but that I may vse his owne words by the way of fact and bitingly willed them not to vse him with more rigour than was vsed to the English Embassadour Throgmorton in France and to Tamworth and Randolph in Scotland who had raised sedition and openly maintained it and had not any other punishment but onely were commanded to depart within a time appointed When they vrged him with the testimonies of English men he with faire words requested them not to doe so since it was a long receiued custome which was growne to a Law as hee said That the testimonie of a Scot against an English man and of an English man against a Scot was not to bee receiued After much altercation whether this was to bee allowed but onely betweene the Borderers of both the Kingdomes and that also in matters of the borders and then whether the English Embassadors had raised and fostered rebellions Rosse was committed to the Tower of London where he was kept very close and answered in briefe to all the interrogatories with that caution and warinesse that his answers could hurt no body Hee excused the Queene of Scotland that she being a prisoner and in her best time and age could not but seeke all the meanes she could of libertie since Queene ELIZABETH excluded her from all accesse vnto her put her out of all hope of her libertie and openly maintained her aduersaries He excused the Duke that he had dealt nothing in the mariage with the Queene of Scotland but with the consent of most of the Queenes Councell neither that he could leaue her though hee had promised so to doe vnder his hand for that there had passed a mutuall repromission of future mariage betweene them before that time Lastly he excused himselfe that he being an Embassador could not without a great offence depart from his dutie and abandon his foueraigne Princesse in her affliction and aduersitie and that hee propounded the taking of Queene ELIZABETH for
no other cause but to trie the Dukes minde whether hee stood constant and resolute But the crimes of the other he wittily extenuated and by no meanes he could be induced to tell the names of the Noblemen that promised to helpe the Duke to surprize the Queene But he confessed that he by the commandement of the Queene of Scotland did aske aduice of the Duke Arundell Lumley and Throgmorton by their seruants that came to and fro and the Vicount Mountague by Lumley about the deliuerie of the Castles in Scotland the hostages the deliuerie of the King of Scotland vnto the English men and the restoring of the English Rebels Thus much of these matters this yeere out of the Dukes confessions and the Commentarie of Rosse himselfe written with his owne hand sent to the Queene of Scotland Matthew Earle of Lennox Regent of Scotland Grandfather to the King had summoned an assembly of the Estates at Sterling in the Kings name where liuing securely he was taken on the sudden by the Noblemen of the contrarie faction who held a Parlament at Edenburgh at the same time in the Queenes name He had yeelded himselfe to Dauid Spense of Wormeston who labouring diligently to saue his life was slaine together with the Regent who had gouerned the Realme for the King his Grandchild but foureteene moneths by Bell and Caulder In his place was substituted by the voices of the Kings faction Iohn Areskin Earle of Marre who died after hee had beene Regent but thirteene moneths These dangerous times produced in the Parlament holden in England this Law It was made treason if any attempted any harme or hurt made warre or moued any other to raise warre against the Queene If any affirmed that she possessed not the Crowne rightfully but that others had more right to the Crowne or did say that shee was an Heretike Schismatike or Infidell did vsurpe the right of the Kingdome during her life or shall say that any other hath right to the Crowne or that the Lawes and Statutes cannot define and binde the right of the Crowne and the succession of the same If any in the Queenes life by written or printed booke expresly affirme that any is or ought to be heire or successor of the Queene besides the naturall issue of her owne body or shall print or sell any bookes or schedules to that effect hee and his fautors for the first time shall be imprisoned a whole yeere and lose halfe his goods and for the second offence incurre Premunire that is to lose all his goods and lie in prison for euer This seemed somewhat seuere vnto many who were of opinion that the tranquillitie of the Realme would bee established by the designation of a certaine heire But it is wonderfull what iests somelewd construers of words made of that clause Besides the naturall issue of her body since the Lawyers call them Naturall that are borne out of matrimonie but the legitimate they call out of the forme of words vsed in the Law of England Children of his body lawfully begotten insomuch that being a young man I heard it often said that that word was thrust into the Act by Leicester to the intent that hee might at one time or other thrust vpon them against their wills some Bastard sonne of his as the naturall issue of the Queene An Act was made also at this Parlament that it should bee treason in them who reconciled any to the Church of Rome by any Bulls or Rescripts of the Popes or any that were reconciled they that releeued the reconcilers or brought in any Agnus Dei Grana Crucifixes or other things consecrated by the Pope into England should incurre the penaltie of Premunire And that it should bee misprision of treason in them that did not discouer their reconcilers It was moued in the same Parlament that if the Queene of Scotland did offend againe against the Lawes of England that they might proceed against her according to the Law as against the wife of a Peere of the Kingdome of England but the Queene would not suffer it to passe Anno 1572. ON the sixteenth day of Ianuarie Thomas Howard Duke of Norfolke was arraigned at Westminster Hall before George Talbot Earle of Shrewsburie appointed for that day Lord high Steward of England and on both sides of him sate the Peeres namely Reynold Grey Earle of Kent Thomas Ratclif Earle of Sussex Henry Hastings Earle of Huntingdon Francis Russell Earle of Bedford Henry Herbert Earle of Pembrooke Edward Seymer Earle of Hertford Ambrose Dudley Earle of Warwicke Robert Dudley Earle of Leicester Walter Deuereux Viscount Hereford Edward Clintōn Admirall William Lord Howard of Effingham Chamberlaine William Cecill Lord Burghley Secretarie Arthur Lord Grey of Wilton Iames Blount Lord Mountioy William Lord Sands Thomas Lord Wentworth William Lord Burrough Lewis Lord Mordant Iohn Powlet Lord Saint-Iohn of Basing Robert Lord Rich Roger Lord North Edmund Bruges Lord Chandois Oliuer Lord Saint-Iohn of Bletneshoo Thomas Sackuill Lord Buckhurst and William West Lord De La-ware Silence being made the Letters Patents of the Commission was read then a white wand was deliuered vnto the Lord Steward by Garter King at Armes which hee shortly after deliuered vnto the Serieant at Armes who stood by and held it vp all the while Then the Earles and Barons were called by their names and euery one made answer to his name Then silence was made againe and the Lieutenant of the Tower was commanded to returne his precept and to bring the Duke to the Barre Forthwith he was brought in and Sir Owen Hopton stood on the one side of him and Sir Peter Carew on the other side and next by him stood a man holding an Axe with the edge from the Duke Silence being made againe the Clerke of the Crowne said thus to the Duke Thomas Duke of Norfolke late of Keningale in the Countie of Norfolke hold vp thy hand which when hee had done the Clerke read the Inditement with a loud voice that is to say That in the eleuenth yeere of Queene ELIZABETH and after the Duke did traiterously deuise to put her from her Crowne and to kill her and to raise warre against her and to bring in forraine forces to inuade the Realme That whereas he knew MARIE late Queene of Scotland to haue claimed the Diadem of England with the title and armes thereof yet hee without the Queenes knowledge intended to marrie with her and lent her a great summe of money contrarie to the promise he had made vnder his owne hand That whereas he knew the Earles of Northumberland and Westmerland Markenfield and others had raised rebellion against the Queene and were fled into Scotland he releeued them with money That in the thirteenth yeere of the Queene hee by letters requested aid of men from Pope Pius Quintus the professed enemie of the Queene the King of Spaine and the Duke of Alba to deliuer the Queene of Scotland and to restore Papistrie into England
and that forreigne Princes enemies vnto England did cast their eies vpon the Queene of Scotland as the most certaine Heire of England thought it would bee a better way to establish quietnesse and to containe the Queene of Scotland within bounds that shee were maried to the Duke of Norfolke the greatest and most honourable man of England and a man in the loue of the people and bred vp in the Religion of the Protestants rather than to a forreigne Prince who might bring both the Kingdomes into danger by her meanes and also come so to inherit both the Kingdomes which they heartily wished might be consolidated in a Prince of the English Nation if the King of Scotland should happen to die whom they also purposed to bring into England that hee being the true heire of England being brought vp amongst the English might be better loued of the English men And thus all the scruples about the succession might be taken away Queene ELIZABETH should haue no cause to feare the Duke and the Queene of Scotland when she had the King in her hands Moreouer that the Duke should attempt nothing against him but loue him more dearely They determined to espouse Margaret the Dukes onely and little daughter vnto him to bee maried together when they came to riper yeeres Amongst these were the Earles of Arundell Northumberland Westmerland Sussex Pembrooke and Southampton and very many Barons yea and Leicester himselfe whether in pollicie and to worke the Dukes destruction it is vncertaine yet all these thought it good to acquaint the Queene with the matter and to leaue the decision thereof to her pleasure and that she should prescribe the conditions for the full securitie and safetie of her owne person Religion and the Realme But now take the matter briefly if you please from the very beginning out of the written confession of the Duke which I haue seene and the memorials of the Bishop of Rosse who was the greatest dealer in this businesse When the Commissioners met at Yorke the last yeere Lidington and the Bishop of Rosse to winne his fauour talked with the Duke of a mariage to bee made bebetweene him and the Queene of Scotland and so did Murrey himselfe with the Duke at Hampton Court who in priuate talke with the Duke and also with many others fained that he wished nothing more than that matters in Scotland being set in good order the Queene of Scotland his dearest sister might be restored vnto her former dignitie and estate so that onely she would sincerely and vnfainedly receiue into her former fauour and grace her subiects and that all the remembrances of all offences might be quite forgotten Yet he feared if she maried a husband out of her owne choice from France Spaine or Austria that shee would reuenge the iniuries she had receiued change the Religion receiued in Scotland and procure great danger vnto Englâ—â—d To preuent these things he promised to bestow all his labour that where shee who had first maried a boy then a rash and heady young man and lastly too a mad-braine those were his very words might now bee maried to the Duke a man of discretion which thing might turne vnto the tranquillitie of both the Realmes the securitie of both the Princes and especially to the establishing of Religion since he such was his respect vnto the Queene of England might more prosperously containe Scotland in the amitie of the English and might with the more ease draw the Queene of Scotland vnto the true Religion which he professed With these same things Murrey also secretly acquainted the Queene of Scotland by Robert Meluin and offered his labour very officiously toward the effecting thereof But the Duke answered that he could determine nothing about the mariage before that shee did cleere her selfe of the crimes obiected against her yet Rosse as diligently as hee could ceased not to draw him to it being vnwilling A few daies after Nicholas Throgmorton met the Duke in the Court at Westminister vnto whom he profesled and offered his seruice very kindly and signified that Leicester would talke with the Duke about the mariage betweene him and the Queene of Scotland which Throgmorton said seemed strange to him since Leicester himselfe sued for the same mariage not long since But he willed the Duke in friendship if it were so that he should giue the honour of that mariage vnto Leicester who had beene before time a suiter therein But if hee stood stifly in it to denie and refuse it because that the Scots did charge her with very many hainous crimes But yet said Throgmorton I wish from my heart that shee were maried vnto you as well for the good of Religion as also that shee may not depend of any other but on our Queene Yet this I forewarne you if you doe any thing in this matter let Leicester guide you by aduice for you of yourselfe shall hardly get the Queenes consent A day or two after Leicester moued the matter to the Duke who answered iust euen as Throgmorton sorewarned him and when hee came to speake of the crimes Leicester extenuated the same and called Richard Candish witnesse whose seruice though suspected he commended vnto the Duke Then Leicester told Pembrooke of the matter and the Duke told Arundell and they together with Throgmorton in their letters commended vnto the Queene of Scotland the Duke as a fit husband which Murrey had done also before The Duke also wrote and signified his loue and offered his seruice in very louing words From that time he imparted vnto them all the letters he wrote vnto her or receiued from her and they talked oftentimes with Rosse about the manner of concluding it And by Richard Candish they propounded in the yeere one thousand fiue hundred threescore and eight vnto the Queene of Scotland these Articles written with Leicesters hand viz. That she attempt nothing to the hurt of the Queene of England and her children in the succession of the Kingdome of England Shee should make a league defensiue and offensiue betweene the two Realmes Shee should establish the Religion of the Protestants in Scotland Shee should receiue into her fauour the Scots which were now her aduersaries She should reuoke the assignation of the Kingdome of England made vnto the Duke of Anjeou She should marie some English Nobleman namely the Noble Prince Thomas Duke of Norfolke If she gaue her consent vnto these Articles they promised to procure the Queene of Englands assent and that she should bee shortly restored vnto her Realme and also bee confirmed in the succession of England She readily admitted them all but onely that she could say nothing vnto the league before the French King was certified thereof Shee protested that there was no assignation made vnto the Duke of Anjeou yet she would procure him to make a release and renuntiation if they stood vpon it And willed them aboue all things to get the consent of
Lastly that hee gaue aid vnto Herris a Scot and other enemies of the Queene in Scotland This being read the Clerke asked the Duke whether hee were guiltie of these crimes or no He besought that if it were lawfull by the Law he might haue a Lawyer appointed him to defend or pleade his cause Catlin Chiefe Iustice answered that it was not lawfull The Duke said It is meet that I submit my selfe to the opinion of the Iudges but there bee many darke and obscure points in this businesse neither vnderstood I of my arraignment till within this foureteene houres I was kept from bookes now I see I am to fight for my life without weapons Yet I haue heard that a Lawyer was assigned vnto Humfrey Stafford in a case of treason in the reigne of Henry the seuenth Dier chiefe Iustice of the Common pleas answered that a Lawyer was assigned vnto Stafford about the priuilege of the Sanctuarie from whence he was taken away by force and that he answered for himselfe without a Lawyer for the treason The Duke said I must speake this day for my life my goods for my children and that which is most to bee respected for my loyaltie and honestie let honour goe by yet let me aske one question Whether that the enumeration of the crimes must be holden for true in euery part and to which part I must answer Catlin said When the causes be true the enumeration is also to be accounted true I doe desire to be told said the Duke whether euery singular thing bee treason For I haue heard in the cause of the Lord Scroope in the reigne of Henry the fourth As hee would haue said more the Clerke of the Crowne interrupted him speaking aloud Thomas Duke of Norfolke art thou guiltie or not guiltie He said Not guiltie The Clerke asked him againe How wiltthou betried I commend said he my cause to God and to my Peeres The hainousnesse of my crimes woundeth my heart but the benignitie of her Maiestie from whom I could expect no more doth recomfort me and I beseech you my Lord Steward that I may bee dealt withall according to Law and that my memorie which is slipperie may not be opprest with the confused varietie of things That I haue you my Peeres and Iudges I acknowledge my selfe happy for vnto many of your integrities I would willingly commit my life I trusting vnto mine innocencie did not flie but yet I cannot but ingenuosly confesse that I haue transgressed against the Queene but in no treason I beseech you let not those things of smaller moment be put amongst the other of treason Then said Barham the Queenes Serieant at law The crimes of treason whereof thou art indicted are these Thou didst deuise to depriue the Queene of her Realme and of her life Thou didst intend to marrie with the Queene of Scotland Thou didst send for forraine power to inuade the Realme Thou gauest maintenance vnto the Rebels and didst helpe the Scots enemies to the Queene The Duke interrupted him saying Barham I pray you doe not aggrauate the matter with words in obiecting the mariage and other things which be not treason Barham turning to the Noblemen vrged the matter saying He that would marrie her that claimeth the Kingdome the same man desireth and seeketh after the Kingdome but this the Duke began when he was one of the Commissioners at Yorke to heare the cause of the Queene of Scotland at which time hee was sworne to weigh indifferently and vprightly the accusations and defences on both sides The Duke said That cause hath sundry parts which bee without the compasse of treason The Steward of England bade the Duke not to vse such digressions from the purpose who when Barham still vrged it with a loud voice hee acknowledged that the Queene of Scotland had claimed the Realme of England as due to her but that shee had giuen ouer the claime long since Barham to the contrarie shewed how she had not left off the claime because she had not yet made a release or renunciation thereof and hee accused the Duke hainously that he taught the Delegates of Scotland what to say and this out of the confession of the Bishop of Rosse The Duke confessed that Lidington moued the mariage vnto him and that hee refused it and that hee told them nothing and requested that the Bishop of Rosse might be produced before him Then did Barham prosecute at large many things which I haue mentioned before to proue that the Duke did vnmeasurably desire the Kingdome and stood much vpon this point What other thing could the Duke propose vnto himselfe in his minde without the priuitie of the Queene to marrie the Queene of Scotland a woman without goods without Kingdome her sonne being now established in the Realme of Scotland but that hee might get by her meanes or right the Kingdome of England and consequently depriue the Queene of her life and Kingdome The Duke said These things are farre fetcht to conuince me to haue imagined the depriuation and destruction of the Queene I will come neerer said Barham It is not vnknowne that you deuised with others to surprize the Tower of London which is the chiefest hold of England so that it is of necessitie that you then compassed the destruction of the Queene since Kingdomes cannot endure to haue a partner The Duke denied not that one Hopton put into his head the surprizing of the Tower yet that he reiected the same Why then said Barham didst thou aske the Earle of Pembrookes aduice who disswaded thee Barham went on and vrged him that when the Queene requested of the Infant King of Scotland certaine Castles and the English Rebels out of Scotland to bee deliuered the Duke secretly willed the Scots not to consent thereunto He accused him also that he attempted priuily to steale away the Queene of Scotland out of prison And this was after hee had solemnly promised to meddle or deale with her no more Then Candish was brought in witnesse against him that the Duke had a resolute purpose to marrie her and that hee asked him if hee could draw his Vncle to his side if Queene Elizabeth died The Duke vtterly denied these things and reiected his testimonie as of a needy man and a childish witnesse Moreouer it was shewed that the Duke sent secretly his man to the Earles of Northumberland and Westmerland to aduise them not to rise in rebellion as a thing that would proue very dangerous Also the letters of the Queene of Scotland were shewed wherein shee lamented that Northumberland was intercepted before hee was ready to rise For this flying newes was brought to her perchance of set purpose To these things the Duke answered These reasons doe not probably proue that he compassed the destruction of the Queene and that nothing yet brought against him was of any moment but onely the testimonie of the Bishop of Rosse neither was this to be receiued since he was a forrainer
citing the authoritie of Bracton the most learned Lawyer of our Land that he neuer made such reckoning of Northumberland and Westmerland that hee would put his life into their hands he relied he said and trusted so much vnto his innocencie that hee had neuer so much as a thought to flie Gerard the Queenes Atturney said It is most apparant that he did purposely intend to marrie the Queene of Scotland to worke the Queenes destruction It is also apparant that he did aduisedly consult of inuading the Realme by the letters vnto the Pope the King of Spaine and the Duke of Alba. All his dealings with Ridolph are now well knowne by the secret Ciphers and Charactericall notes hidden vnder the tiles of Howard house also by the letters which hee commanded to bee burned found in the Matts in the entrie of the chamber and all these things may bee proued out of the examinations of them who were not terrified with torments nor attainted of treason To these matters the Duke said Of the consultations of the Pope and the King of Spaine I was neither author nor fautor yea I alwaies disliked them Let them bee punished that committed the fault and let them not charge mee to excuse themselues Furthermore Gerard accused the Duke that hee talked with Ridolph of the landing of ten thousand Souldiers out of Flanders at Harwich a Hauen in Essex and this out of the examination of Barker And also that letters were written and sent by Ridolph vnto the King of Spaine and the Duke of Alba vnto which although the Duke did not subscribe yet that hee sent by the counsell of Rosse Barker his Secretarie vnto the Spanish Embassadour who should assure them that they were his very letters The Duke said My memorie faileth me neither can it call to minde such intricate varietie of matters You Lawyers haue your briefe notes I am put to answer ex tempore This is also improbable that I should deale with the Pope vnto whose Religion I was alwaies an aduersarie I had rather be pulled in peeces by horses than reuolt from the Religion I professe The situation of Harwich doth easily confute all this accusation Who seeth not how hard a matter it is to bring an armie thorow that Countrie which is all enclosed and most troublesome with narrow waies If I had imagined to make warre against my Prince I should doubtlesse haue furnished my selfe with Armour but in these whole ten yeeres I haue not bought any more than eight Corslets and no Gun-powder at all I would neuer haue committed such letters vnto Barkers fidelitie but rather vnto Banister whom I esteemed aboue many Barkers Now were brought forth the letters of the Bishop of Rosse sent out of prison vnto the Queene of Scotland and intercepted out of which the former things were confirmed The Duke required to see the letters for he seemed to doubt that they were counterfeit But the Lord Steward said Doubt not they bee written with Rosses owne hand Another short letter written with Oker by the Duke commanding his man to burne a bundle of letters hidden in a certaine place and to lay the fault vpon Rosse who might easily auoid the Law by the priuilege of an Embassadour was also shewed To these letters the Duke said I being certified that it was diuulged amongst the common people that I had accused many I answered in that short letter and when I saw all places to be narrowly searched I commanded that bundle to be burned that I might keepe many men from trouble Bromley the Queenes Sollicitor shewed the letters of Ridolph wherein hee signified that the Duke of Alba approued their purpose and also the Popes letters vnto the Duke dated the tenth day of May. Then Wilbraham made an cloquent speech of the credit of the testimonies of the Bishop of Rosse and of the Dukes seruants Vnto which the Duke said I haue not the skill to refell so polished and ornate a speech yet the Orator as skilfull as be is for all that left out what the force of feare is which oftentimes quaileth and dauntoth a good courage and againe he commended and vrged Bracton against the credit of forraine witnesses Catlin chiefe Iustice made answer In such causes as these the testimonies of forrainers are allowable and that it was in the will of the Peeres to giue credit or disallow such testimonies Now they were come to proue that the Duke had releeued the Rebels after they were fled which appeared out of the letters of the Countesse of Northumberland in which she gaue thanks to the Duke for the money secretly sent vnto her and her husband As concerning the last obiection about the releeuing the Scots enemies to the Queene was proued out of the Dukes letters to Banister out of the confession of Banister and the money deliuered vnto Browne of Shrewsburie Here the Duke asked the Iudges Whether the subiects of another Prince confederate with the Queene may bee accounted enemies to the Queene Catlin answered they might and that the Queene of England may make warre with some Duke of France and yet at the same time be in amitie with the King of France When now it drew toward night the Lord Steward asked the Duke what hee had more to say for himselfe He answered I put my trust in the equitie of the Lawes The Lord Steward commanded the Lieutenant of the Tower to take the Duke aside and then silence being made he turned vnto the Peeres and said You haue heard how Thomas Duke of Norfolke hath beene indited of high treason who hath pleaded not guiltie and put himselfe vnto God and to you therefore it is your part to consider among you whether he be guiltie or no and to declare your opinion according to your conscience and vpon your honour and withall he bade them to goe aside and to consult one with another After a little time they returned vnto their places Then the Steward beginning at the lowest said My Lord De La-ware is Thomas Duke of Norfolke guiltie of the crimes of high treason whereof he is indited or not guiltie He rising vp laying his hand on his breast said Guiltie In like manner were each one asked in their order Then was the Duke brought againe to the Barre vnto whom the Lord Steward spake in this manner Thomas Duke of Norfolke thou hast beene indited of sundry high treasons and put thy selfe to bee tried by God and thy Peeres who haue found thee guiltie hast thou any thing to say why iudgement should not be given against thee Hee answered The will of God who will iudge betweene mee and my false accusers be done All men now keeping silence the edge of the Axe was turned towards him Then Barham for the Queene requested the Lord Steward to giue iudgement which he weeping did in these formall words Forasmuch as thou Thomas Duke of Norfolke hast beene indited of high treason and hast pleaded not guiltie and hast put thy selfe
vpon thy Peeres who haue found thee guiltie therefore this Bench doth adiudge that thou shalt bee lead backe from hence vnto the Tower from whence thou camest and from thence laid on a Hurdle shalt be drawne vnto the place of execution and there to bee hanged cut downe aliue to bee bowelled thy head cut off thy body to bee diuided into foure quarters thy head and thy quarters to bee disposed of at the Queenes pleasure And so our Lord haue mercie on thy soule The Duke hearing this iudgement said with a good courage Iudgement is giuen against mee as against a Traitor I trust in God that excluded from your fellowship I shall enioy the celestiall fellowship I will prepare my selfe to die I request this one thing that the Queene would bee good to my children and seruants and see my debts paid A few daies after Barney and Mather were executed who conspired with Herle a Ruffian to kill some oâ— the priuie Councellors and to deliuer the Duke But Herle presently discouered the matter vnto whom Barney said smiling when hee saw him brought forth to giue euidence against him Herle thou wentest but one houre before me otherwise I had stood there in thy place to giue euidence and thou hadst stood here in my place to be hanged These plots and the like which were many were taken hold of to hasten the Dukes death which yet was staied and deferred for foure moneths But on the second day of Iune at eight of the clocke in the morning the Duke was lead vnto a Scaffold new builded on the Tower-hill and when hee was gone vp and Alexander To these things she first protesting that shee was a free Queene and subiect to none answered with a stout courage and countenance 1 That shee had not vsurped the title and armes of England but that the King of France and her husband imposed them vpon her being very young and vnder the direction of her husband and therefore not to bee laid vpon her for a fault neither that she did weare or vse them after her husbands dâ—ath neither that shee will claime them as long as Queene ELIZABETH and her children liued 2 That she neuer imagined any detriment or hurt to the Queene by her mariage with the Duke of Norfolke being perswaded it would bee for the good of the Common-wealth and that shee did not renounce it because shee had giuen her faith and troth vnto him 3 That she willed the Duke by some meanes to get away out of danger and prison which shee did out of the dutie she ought to him as her husband 4 That shee had not raised rebellion nor was priuie to the same who was alwaies most ready to reueale any attempts against the Queene if shee would vouchsafe to heare her speake 5 That she neuer releeued the English Rebells onely that in her letters shee commended the Countesse of Northumberland vnto the Duke of Alba. 6 That she vsed Ridolph whom she knew to be highly in the Popes fauour in many matters yet receiued no letters from him 7 That she neuer moued any to attempt her deliuerance yet that she willingly gaue eare vnto them that offered their labour therein and for that purpose that shee communicated vnto Rolston and Hall a priuate Character 8 That she had receiued sometimes letters from the Pope very pious and consolatorie in which were no such phrases of speech 9 That shee procured not the Bull That shee onely saw the coppie thereof printed and when she had read it ouer that she burned it 10 That if any in forraine Regions write or name her otherwise than they ought to doe let them answer for it 11 That shee neuer by letters required aid of the Pope and the King of Spaine to inuade England but onely to be restored into her Kingdome by their meanes and that with the Queenes priuitie 12 But if any question or doubt bee made of those letters of effecting the mariage by force of armes she requested since shee was borne of the royall bloud of England that shee might answer personally in the next Parlament that was to be holden And at this time the French King fauouring the Queene of Scotland and her partie and the Queene of England the King and his partie earnestly moued Queene ELIZABETH to deliuer the Queene of Scotland which the Queene of England denied to doe saying In very truth I keepe the Queene of Scotland in custodie after a faire manner as a pledge of mine owne securitie and of the safetie of England But when it was come to light that the Queene of Scotland intended a secret confederacie with the King of Spaine by the Lord Seton who landing in Essex disguised like a Mariner had promised aid of men to the Scots of the Queenes partie from Alba both shee was kept straiter in prison and the kindnesse of the French men toward her waxed key-cold Shortly after the league betweene England and France being concluded at Blois and the Duke of Momorancie being sent into England to confirme the same he in few words in his Masters name requested that as much fauour might bee shewed vnto the Queene of Scotland as might be without danger That there might bee a cessation of armes in Scotland and that concord might be established there by Parlament Hee was answered That more fauour was shewed to the Queene of Scotland than shee deserued and should bee shewed for the French Kings sake although the Estates of the Kingdome who were now assembled thought the Queene could be in no securitie without some seueritie shewed vnto her As for the cessation of armes the Queene had dealt diligently therein and for that purpose had sent very lately Drurie the Marshall of Barwicke with Crocus the French Embassadour and that they by no perswasions could bring Grange and the Garrisons in the Castle of Edenburgh to peace being induced by hope of aid from France and the Low-Countries though Huntley and Hamilton Arbroth for the Duke his father had bound themselues vnder their hands to obserue peace and the others of the Queenes side had giuen their word also Anno 1573. IN Scotland Iames Dowglas Earle of Mourton by the meanes of Queene ELIZABETH was made Regent in the place of the Earle of Marre who hauing his authoritie established in the Parlament did enact in the Kings name certaine Lawes against the Papists and against Heretikes but the custodie of the King hee confirmed to Alexander Areskin for that the Earle of Marre vnto whom the custodie of the King of Scotland in his minoritie doth belong by a peculiar right was vnder age vpon these conditions that is to wit That the Papists and they of the other faction should bee vtterly excluded an Earle might come in with two men a Baron with one man other men alone and euery one of these vnarmed And whereas Queene ELIZABETH by Henry Killigrew had drawne Iames Hamilton Duke of Chasteauleroy George Gordon Earle of Huntley who stood for
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
Mourton deploreth the vnfortunate estate of Scotland and laieth before them the dangers hanging ouer the heads of the King the Common-wealth and themselues hee complaineth that the intercession of the Queene of England is not regarded of the vnthankfull people and couertly aduiseth them to trie whether they can effect that by armes which they cannot obtaine by other meanes and promised them helpe of men and money out of England And so hee drew to his side the Earles of Argile Montros Angus Mourtons brothers sonne Marre Glencarne Ruthen Lyndsey and others But they by and by after â—heir ends and purposes being seuerall when they saw the King wholly to bend his fauour towards Lennox and not to bee terrified with the English forces which were on the borders against which he had opposed his the most of them disagreeing and reuerencing royall Maiestie euen in a young man durst attempt nothing against Lennox and thought it enough if they tooke compassion on Mourton Yet Angus and Marre secretly deuised plots for Mourton and against Lennox of which when the King had knowledge by Wittingham Angus was commanded to depart and liue beyond the Riuer of Spea and Marre was commanded to deliuer the Castle of Sterling vnto the King Randolph doubting some danger to himselfe slipped secretly away to Barwicke and willed Angus and Marre things going against them to looke to themselues either by recouering the Kings fauour or else by resorting vnto the protection of the Queene of England But the English forces were now called backe from the borders and not long after Mourton as priuie vnto the murder of the Kings father was beheaded being first found guiltie of the same For hee had confessed as they say That Bothwell and Archibald Dowglas did communicate vnto him their intent and purpose to kill the King and that hee durst not reueale the same in such a doubtfull world as that was neither could he denie after the murder was committed but that Archibald Dowglas one of the murderers was one of his most inward friends and that hee gaue his faith and word vnder his hand to defend Bothwell if any man accused him for murdering of the King Angus and the other who stood in defence of Mourton fled into England Anno 1582. QVeene ELIZABETH that shee might bee more secure at home purposed to make a composition with the Queene of Scotland by Walter Mildmay but finding out that the Guise was deuising some secret practises with some English sugitiues and to gather forces together vnder pretence to send them into the Low-Countries to serue vnder the Duke of Anjeou but indeed to bee transported into England from Ewe an obscure part in Normandy belonging vnto him the matter was put off vntill another time and she was not regarded But about the same time William Ruthen whom the King had lately created Earle of Gowry not degenerating from his father who bare a deadly hatred against the Kings mother and other conspirators deuised to remoue Lennox and the Earle of Arran from the King vnder the pretence to assure Religion the Kings safetie and amitie of England whereunto they were incensed and whetted on by their Ministers So when Lennox was departed from Perth where the King lay vnto Edenburgh about some affaires of the Realme and Arran also was absent Gowry Marre Lyndsey and others taking the opportunitie inuited the King vnto the Castle of Ruthen where they detained him against his will and would not permit him to ride or walke into the fields threatning him with death They put from him all his faithfull seruants cast the Earle of Arran into prison and compelled the King to call home the Earle of Angus who was banished the Queene of England who was of their counsell making intercession for him and to send backe Lennox into France who being a man of a milde nature gaue ouer the Castle of Dunbritton which he might easily haue defended by the perswasion of the King set on by them and refused not to returne into France But they not content herewith enforced the King against his will to approue this his surprize in letters to the Queene of England and to pronounce the assembly of the Estates summoned and called by them to be lawfull When the French King heard this for a certaintie he dispatched Motfenelan by England and Manninguill by Sea with one and the same instructions into Scotland to wit That they should take some order by one meanes or other to set the King free and confirme the faction of France to allure and winne the Kings minde vnto the friendship of the French and as ioifull newes signifie vnto him that the Queene his mother out of her motherly pietie did grant and bestow vpon him the title of King and admit him very willingly now into the fellowship of the Kingdome to the end that hee might bee taken and acknowledged as a true and lawfull King by all Christian Princes and all the Scots and thereby the diuision and partaking of factions wholly taken away She in the meane time being vexed and troubled in minde oppressed with miseries and pining away with the calamitie of her long lasting imprisonment without any hope of libertie in her long letters written in French which her motherly loue and anxietie of minde extorted from her deplored vnto Queene ELIZABETH her grieuous and hard fortunes and the most distressed estate of her sonne to this effect for I will out of the originall written with her owne hand abbreuiate them When I heard for certaintie that my sonne was taken and surprized by Rebels as I my selfe was certaine yeeres agoe out of a iust feare lest hee should fall into the same and like vnfortunate estate that I am in I cannot but powre out my mournfull complaints and engraue the same if it may be in thy conscience that my innocencie may euidently appeare vnto posteritie and also their ignominie and shame by whose iniquitie I am cast into these miseries But since the policies and cunning reaches of these persons though wicked and lewd haue hitherto preuailed more with thee than my iust complaints let the right and iustice now yeeld and giue place vnto thy power and let force oppresse the truth with men I will appeale vnto the immortall God whom alone I acknowledge to bee superiour of vs Princes of equall right and honour And I will call vpon the same God with whom gloses and deceits are not regarded and will not preuaile that at the last day hee will reward vs two as wee deserue each to other howsoeuer my aduersaries haue skill to cloake their craftie and deceitfull policies with men and peraduenture also with thee In his name therefore and as it were before his Iudgement-seat I present vnto thy minde by what policies some spies vsing thy name drew the Scots my subiects to rebell against me at such time as I liued in Scotland and set on foot all the euils which haue happened there from that day to
this Which thing not to speake of other matters is most euident and apparant by testimonies openly shewed and the confession of Mourtons owne mouth who was for that cause aduanced vnto honour against whom if I had dealt by course of Law and thou hadst not giuen aid vnto the Rebels they could neuer haue stood out so long against mee and my friends While I was detained in prison in Lochleuin Nicholas Throgmorton perswaded me in thy name by sealing Letters Patents to resigne my Kingdome which he affirmed would bee void and indeed all the world accounted it void vntill thou by thy fauour countenance and forces didst giue aid vnto the beginners and procurers of these Letters Patents And tell me in good faith whether thou doest acknowledge thy subiects to haue any such authoritie ouer thee And yet from thenceforth was my royall authoritie taken away from me by thy counsell and helpe and my Kingdome transferred vnto my sonne vncapable thereof by reason of his tender yeeres And when I not long since determined to confirme the Kingdome vnto him in a lawfull manner he was taken away by force by diuers Traitors who questionlesse haue an intent to depriue him of his Kingdome as they did me if not to take away his life also After I escaped out of Lochleuin and was now ready to fight and encounter with the Rebels I implored thy aid sending backe that Diamond which beforetime I had receiued from thee as a token and pledge of thy loue with a large promise of aid against the Rebels not once nor twice also giuing thy fidelitie that if I retired and came my selfe vnto thee for succour thou wouldest come in person vnto the borders and giue me aid And I trusting vpon thy promise freely offered although thy seruants had oftentimes deceiued me resolued to flee for helpe vnto thee as to my last assured Anchor in my aduersitie and so had I done if the way had beene as open and easie for me as it was for them that rebelled against me But before I could come vnto thee I was intercepted guarded with keepers shut vp into strong places and from that time vntill this endured euils more grieuous than death I know thou wilt obiect against mee the dealings that were betwixt the Duke of Norâ—olke and me yet I doe still denie that they were any wrong or hurt to thee or to thy Realme for they were allowed by the chiefe Councellors of the Realme of England and confirmed with their subscriptions who also promised assuredly to obtaine thy consent And how I pray you could such great men promise thy consent vnto that should depriue thee of thy life honour and Diadem But yet thou wilt haue all men to beleeue this But when many of those Rebels did repent though late and saw more plainly by the conference at Yorke betweene our Commissioners how vniustly they dealt with mee they were forthwith besieged by thy forces in the Castle of Edenburgh and of the principall men one Lidington was poisoned and the other Grange in lamentable manner hanged And this after that by thy request I had caused them once or twice to lay downe their armes vpon a hope of peace which God knoweth whether my aduersaries euer imagined to keepe From that time I was resolued to trie whether I could mollifie rigor by patience in suffering whatsoeuer they imposed on mee a prisoner yet I was vtterly barred from all conference with my sonne by letters or messengers for this whole yeere past that the sonne might be disioined by this most lamentable disiunction from the mother if it might be I haue oftentimes set downe and proposed conditions of a peace and concord to bee made betweene vs as at Chattisworth eleuen yeeres since with the Commissioners and with thy selfe by the Embassadours of the most Christian King and by mine owne I dealt also sincerely with Beale the last winter but those conditions were alwaies reiected and delaies made and interposed my aduices and counsells were suspected and all the motions of my sincere minde condemned and disallowed Neither did I reape any other fruit of my long lasting patience than that it grew to a setled custome for mee to bee more rigorously vsed euery day than other not as a prisoner but euen as a Kitchin-maid Assuredly I cannot endure these things any longer and hap what hap will if I die I will make the procurers and causers of my death to bee knowne but if I liue I shall finde meanes I hope that all these wicked attempts and slanderous calumniations against me shall die that I may spend the rest of my life in more tranquillitie Wherefore to take away all displeasure and hatred betweene vs let the testimonies of the Spaniards who were lately takenin Ireland be shewed let the examinations of the Iesuits bee produced let any body haue free libertie to accuse me publikely yet so that in like manner I may haue libertie to defend my selfe and that I be not condemned vnheard Malefactors and persons of the basest sort and condition are admitted to speake and defend themselues and their accusers are brought before their face Why am not I so vsed and dealt withall who am a Queene anointed and thy next Cousin and the lawfull heire of the Crowne after thee But this last thing is the matter which chiefly vexeth and stingeth my aduersaries which studie to keepe vs still enemies and at contention Alas there is no cause why this should vex them I take God to witnesse and vpon mine honour I haue thought of no other Kingdome this long time but onely the Celestiall Kingdome Yet thou art bound in Conscience and tied both by dutie and iustice not to trouble or crosse the most assured right of my sonne after my death nor to further their secret combinations who as well in England as in Scotland doe apply all their wit and power to worke the destruction of me and my sonne which is euident and apparent by the instructions of thy messengers in Scotland who vsed and behaued themselues most seditiously doubtlesse without thy knowledge but Huntingdon being wonderfull eager and diligent therein Is this iust and right that I a mother shall bee forbidden not onely to giue counsell and aduice to my oppressed sonne but also to vnderstand in what distressed estate he is If they had beene sent for my sonnes good perhaps if they had taken mine aduice with them they should haue beene for that cause the more welcome vnto him Verily thou hadst bound and tied me vnto thee more strictly and thou hadst no cause so much to conceale their going thither or to take away at that very time from mee all my libertie Yet that I may speake freely I desire thee not to vse such Agents any more in the Scottish affaires For although I beleeue that Cary Hunsdon will not doe or take any thing in hand which may bee a blemish to himselfe or his honour yet I cannot hope of any good
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
it vnto Burleigh Burleigh vnto the rest of the Counsellors who all gaue their consent to the quicke dispatch of the execution and euery one vowed to stand to it and to sticke one to another and sent Beale with the Mandate and Letters The third day after when I perceiued that her minde wauered hearing her tell a dreame of the death of the Queen of Scotland I asked if she had changed her minde she said no but said shee another way might haue beene inuented and withall asked if any answer were comefrom Powlet And when I had shewed his letters wherein in plaine termes be refused to take vpon him that which was neither honourable nor iust she chasing said that he and others who had taken the oath of the Association were periured and forsworne men as they who had promised many things but would performe nothing But I shewed her how vniust and infamous this would be and into what danger shee brought Powlet and Drury For if shee approued and allowed the fact shee should draw to her selfe both danger and dishonour with the note of iniustice but if shee disauowed and disallowed the fact shee ouerthrew vtterly those well deseruing men and their posteritie And afterwardshee on the same day the Queene of Scotland was put to death slightly checked mee that the execution was not done What griefe and anger soeuer Queen ELIZABETH conceiued or made shew of for the death of the Queen of Scotland I am sure the King of Scotland her only son tooke it wonderfull heauily who with the most admirable pietie that could bee in a sonne reuerenced his most deare mother and mourned and lamented for her exceedingly For he did not thinke that Queene ELIZABETH in regard of the mutuall loue that was betweene them and the league of stricter friendship lately made betweene them neglecting the so many intercessions of Princes would haue deliuered his mother a Prince of equall estate and her neerest cousin of the Royal bloud into the hands of a base hangman He suffered not Mr. Robert Cary sonne to the Lord Hunsdon who was sent from England to excuse the Queene by laying the fault vpon her Counsellors and Dauison to come into Scotland and hardly would heare him by another man and with much suit receiued the letters he brought Called his Ambassadour out of England and threatned reuenge And some there were that perswaded him that other Princes of Christendome would not let such an iniury done vnto the Maiestie and Royall name of a King goe vnpunished The Estates of Scotland who were assembled in great number professed that they were most readie to reuenge the death of his mother and to defend his right to the Crowne of England yea and to spend their liues and goods in the quarrell and that they could not disgest the iniurie done not onely vnto the King but also vnto the whole Nation of the Scots Some there were who perswaded the King to require aid of ships and of a Nauie of the King of Denmarke vnto whose daughter he began then to sue for mariage Some who were addicted to the Romane Religion suggested vnto him that hee should rather ioyne with the Kings of Spaine and France and with the Pope and so hee might with case get the possession of England And aboue all things to giue no credit vnto the Protestants of England who now ruled all and closely plotted to destroy him also whispering this in his eares He that hath killed the mother will also kill the children if he can Some there were who secretly aduised him to keepe himselfe as Newter openly and to hold both the Protestants and Romanists in suspence For if that hee shewed himselfe openly for the Protestants the Romanists of Europe will lay all their plots against him and would set vp another prop and stay in England to his great danger Some also there were who aduised him to keepe a firme peace with England and not to put his certaine hope vpon the vncertaine fortune of warre And to be constant in his Religion in the which if hee once wauered he should neither get nor purchase friends nor lessen nor diminish his enemies Thus euery man as their fancie gaue or their profit lead them spake But the King being more prouident and more wittie than his age gaue him vsed no haste which is alwaies blinde but weighed their counsels in his minde considerately and maturely a long time both with himselfe and a very few others But Queene ELIZABETH by laying all the fault on Dauison and the rash credulitie of her Counsellors so to mitigate his griefe and sorrow by little and little lest the comfort giuen out of season might more exasperate him and so stayed vntill his sorrow lessened by length of time would suffer it selfe to be handled But when shee saw the French egge on the King to reuenge she fearing lest he by their policies and vpon a burning heat of reuenge should be drawne away from the Religion of the Protestants and the friendship of the English she laboured with all her power to pacifie his minde exulcerated and in a manner alienated from her by all meanes not vnworthy of a Prince Therefore by her Messengers and Agents and after by the Lord Hunsdon Gouernour of Berwicke she proposeth these weightie and important Reasons most diligently First what a dangerous thing it may be for him to breake into open warre against England for this cause which seemed vnto the Estates of England to be as well necessarie for the safetie of the whole Island as also most iust Then let him consider if he be of abilitie to take such a warre in hand for as much as England was neuer better furnished with Military men and Leaders with forces and riches and Scotland exhausted with intestine warres neuer more weake If he depended vpon forraine aid with what great difficultie and how long it would be ere hee can get it and if he doe obtaine it what successe can hee hope for since that England hauing the Fleets of Holland and Zealand ioyned thereunto hath no cause to feare the most mightie and potent Kings of Europe What hope can he place in the French King or the King of Spaine For as much as his power much increased and augmented by the accession and addition of England may crosse or empeach their designes and purposes for that his Religion may be so opposed vnto their profession that they cannot helpe and aid him but with their owne losse and detriment Neither can the French King see with a contented minde the King of Scotland to be augmented with the Kingdome of England for feare lest hee should with warre prosecute the ancient right of the English-men in France or else giue helpe or succour vnto the Guises his Cousins who at this time gape after the Realme of France But the King of Spaine without all doubt will doe all things to serue his ambitious humour for as much as he vaunteth himselfe to be the first Catholike Prince of the bloud Royall of England and the stocke of Lancaster though vntruly In respect of which some Iesuites and others also endeuoured to aduance him whilest the Queene of Scotland was yet liuing vnto the Crowne of England as a man most fit to restore the Roman authority in England the mother and the sonne being not respected nor regarded Moreouer they perswaded him that shee determined in her last Will and Testament to bequeath the Kingdome of England vnto this King of Spaine if her sonne continued in the Religion of the Protestants What may be the meaning of these things and whereunto they may tend and what aid and helpe can be hoped for from the King of Spaine the King may thereby see and perceiue And withall if he shall reuolt and fall from his Religion in the which he hath beene brought vp with what great ignominie he may precipitate and cast head-long his soule into eternall damnation and the whole Iland of Britaine into danger and destruction Moreouer he is to consider and be aduised lest the Estates of England who haue giuen sentence against his mother doe not exclude him altogether from the right of Succession by a new sentence whose loue by yeelding and giuing place vnto necessitie and restraining the passionate motions of his minde he may easily winne and purchase vnto him for as much as that which is done cannot be vndone And at his time he may possesse and enioy quietly the most flourishing Kingdome of England In the meane time he may enioy securitie and may seeme with all men indifferent men that haue vnderstanding and consideration of things to haue receiued no blemish in his honour for as much as when time was he omitted no part of a most pious and vertuous sonne toward his mother And let him assuredly perswade himselfe that the Queene of England would account and vse him most louingly and affectionately as if shee were his owne mother These things shee caused to be beaten into the head of the King of Scotland and that he should not doubt but that his mother was put to death without her knowledge and to confirme him in that opinion shee determined to send vnto him the sentence giuen against Dauison in the Starre-chamber vnder the hands of all the Commissioners and also vnder the Great Seale of England And also another instrument to please him the more signed with the hands of all the Iudges of England wherein they confirmed that the sentence giuen against his mother was no hurt vnto his right in Succession nor could be any preiudice vnto the same And thus an end of this History FINIS 1 2 3 4 5 6
the Queene of England lest some hurt did come vnto her and the Duke for want thereof which shee had experimented in the mariage with DARLY without her consent Yet they thought best to trie first the mindes of more Noblemen of whom most gaue their consent with this clause So that the Queene was not against it Neither did the Kings of France and Spaine dislike it onely they feared Murrey lest hee that had first broached the matter and promised to further it all that hee could should first hinder it Yet they agreed on this that Lidington who was then expected should bee the first to trie the minde of Queene ELIZABETH In the meane time the Duke imparted to the Lord Lumley whatsoeuer had beene done in this businesse and with much adoe obtained of Leicester to aske the aduice of some other friends Yet a while after he opened the matter by the consent of Pembrooke vnto Cecill also About which time Leonard Dacres deuised and compassed to steale secretly away the Queene of Scotland out of prison at Whinfield where shee was kept by the Earle of Shrewsburie Northumberland being priuie vnto this deuice signified it vnto the Duke who forbade them to doe it for hee feared they would haue deliuered her to be maried vnto the King of Spaine and hoped to obtaine the consent of Queene ELIZABETH â—re it was long But the rumor of this mariage came more plainly to the Queenes eare by the Ladies and women of the Court who smell out cunningly and quickly these loue matters Which when the Duke vnderstood to be true he dealt very earnestly with Leicester both by Throgmorton and by Pembrooke to open the matter speedily vnto the Queene he made delaies and lingred as it were to stay for a fit time to speake But Cecill willed the Duke who was now full of care to open all the matter to the Queene himselfe whereby all scruple might bee speedily taken away from the Queene and from himselfe also Leicester was against it and promised to open the matter to the Queene in the progresse But in the time that hee put it off with smooth words from one day vnto another the Queene being at Farneham set the Duke at her table and bitingly willed him to take â—eed on what Pillow hee laid his head Then at Titchfield Leicester was somewhat sicke or else fained so to bee and vnto the Queene that came to see him and cheered him comfortably and perceiuing his spirit and bloud to bee drawne inward for feare with sighs and asking pardon of his fault hee opened the whole matter from the beginning At which time the Queene called the Duke vnto her in a gallery and chid him very much that without her priuitie he had sued vnto â—he Queene of Scotland in the way of mariage and commanded him vpon his allegeance to cease from further medling therein He promised so to doe willingly and gladly and doubted not to say as though hee cared not a whit for her that his reuenues in England were little lesse than those of the Kingdome of Scotland at this time lamentably impouerished by the warres and also when hee was in his Tennis-court at Norwich he seemed to himselfe to bee equall after a sort vnto many Kings But from that time he began to bee more deiected in minde and when hee saw the Queene to looke and speake to him more sternely and Leicester in a manner estranged and most of the Noblemen to steale away out of his companie scarce saluting or speaking to him hasted vnto London without taking any leaue and went in to Pembrooke who bade him be of good cheere and comforted him very much And on that same very day Queene ELIZABETH reiected with shew of displeasure the Scottish Embassador intreating her very much to deliuer the Queene captiue and bade that she should behaue her selfe quietly lest shortly shee saw them on whom she chiefly relied to hop headlesse And now when the rumor of the mariage was hotter euery day than other and the French Embassador exceedingly vrged her deliuerie more by the perswasion of some English men than by the commandement of the French King as it was after knowne new suspicions from euery place were laid hold on and Cecill who applied all his care for the good of the Republike and Religion was very diligent to finde the depth of the matter and therefore wrote vnto Sussex Lord President of the North who was a familiar friend and neere allied in bloud vnto the Duke to certifie the Queene what he knew of the Dukes mariage But his answer is vnknowne vnto mee And where it had beene obserued that the Duke had many secret conferences with Murrey Regent of Scotland at Hampton Court George Cary sonne to the Lord Hunsdon was sent secretly vnto Murrey to learne of him if the Duke had imparted vnto him any thing about this mariage The Duke in the meane while terrified with a false rumor spread that there was a commotion raised in the North and being certified by Leicester that he should bee put in prison went out of the way into Norfolke whiles his friends in the Court who had promised so much might auert turne aside the storme that hung ouer his head he himselfe might mitigate the Queenes displeasure by his humble letters But there were men set about him to marke and note all his actions When he found no comfort among his friends and Heydon Cornwallis and other worshipfull Gentlemen of those parts perswaded him if he were guiltie of any offence toward the Queene to flie vnto her mercie he wauered and was tormented with diuersitie of cares In this while was the Court in quandarie suspitious and fearefull that he would breake out into rebellion and they say it was determined to kill the Queene of Scotland presently if he did so But hee out of his inbred good nature and out of his conscience that hee had not offended against any Law made treason for that act of marying the Kings sisters or brothers or aunts children without the Kings knowledge made treason by Henry the eighth was repealed by King Edward the sixt and also for feare lest the Queene of Scotland out of suspicion should be vsed more hardly and extremely hee sent letters vnto his friends in the Court and told them that hee stept aside vnto his house that in time and by his absence he might procure a remedy against malicious rumours which are at all times entertained with open eares in the Court and asked pardon most humbly for his offence and forthwith tooke his iourney toward the Court. As he returned at Saint Albans Owen a gentleman belonging to the Earle of Arundell sent secretly by Throgmorton and Lumley who were committed willed him to take all the fault vpon himselfe and not to lay it vpon Leicester and others lest he should make his friends his enemies There Edward Fitz-Gerard brother vnto the Earle of Kildare Lieutenant of the Pensioners met and