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
was cut off at two blowes The Deane saying aloud So let the enemies of Queene ELIZABETH perish the Earle of Kent saying the same and the multititude sighing and grieuing thereat Her bodie was embawmed and was after buried like a Prince in the Cathedrall Church of Peterburgh And her funerals were kept most magnificently at Paris at the charges of the Guises who performed all the best offices of kindred for their Cousin both aliue and dead to their great commendation In this lamentable manner ended her life MARIE Queene of Scotland the great grand-daughter of Henry the seuenth by his eldest daughter in the XLVI yeere of her age and the XVIII yeere of her captiuitie A woman most constant in her Religion adorned with a wonderfull pietie toward God wisdome aboue her sex and was also very faire and beautifull And is to be accounted one of those Princes whose felicitie was changed into aduersitie In her infancie shee was with strife desired for wife by King Henry the eighth of England for his sonne Edward and by Henry the second King of France for Francis the Dolphin At the age of fiue yeeres she was carried into France and at the age of fifteene yeeres married vnto the Dolphin Shee flourished and was Queene of France one yeere and foure moneths Her husband being dead she returned into Scotland and was maried againe vnto Henry Stuart Lord Darley and had by him IAMES the first Monarch of Great Britaine Tossed and turmoiled by Murrey her bastard brother and other her vngrate and ambitious subiects deposed from her Kingdome and driuen to flie into England and circumuented and entrapped as men speaking indifferently thinke by sundry English-men carefull of the conseruation of their Religion and of the safetie of Queene ELIZABETH and thrust forward by others desiring much to restore the Roman Religion and oppressed by the testimonies of her Secretaries who were absent and as it seemed corrupted with rewards Neere to the graue an Epitaph in the Latine tongue was affixed and forthwith taken away MARIA SCOTORVM REGINA REGIS FILIA REGIS GALLORVM VIDVA REGINAE ANGLIAE AGNATA ET HAERES PROXIMA VIRTVTIBVS REGIIS ET ANIMO REGIO ORNATA IVRE REGIO FRVSTRA SAEPIVS IMPLORATO BARBARA ET TYRANNICA CRVDELITATE ORNAMENTVM NOSTRI SECVLI ET LVMEN VERE REGIVM EXTINGVITVR EODEMQVE NEFARIO IVDICIO ET MARIA SCOTORVM REGINA MORTE NATVRALI ET OMNES SVPERSTITES REGES PLEBEII FACTI MORTE GIVILI MVLCTANTVR NOVVM ET INAVDITVM TVMVLI GENVS IN QVO CVM VIVIS MORTVI INCLVDVNTVR HIC EXTAT CVM SACRIS ENIM DIVAE MARIAE CINERIBVS OMNIVM REGVM ATQVE PRINCIPVM VIOLATAM ATQVE PROSTRATAM MAIESTATEM HIC IACERE SCITO ET QVIA TACITVM REGALE SATIS SVPERQVE REGES SVI OFFICII MONET PLVRA NON ADDO VIATOR Which may be Englished thus MARY Queene of Scotland daughter of a King widow of the King of France kinswoman and next heire to the Queene of England adorned with Royall Vertues and a princely spirit hauing often but in vaine implored the right of a Prince the ornament of our age and the true princely light is extinguished by a barbarous and tyrannical crueltie And by the same wicked iudgement both MARY Queen of Scotland is punished with a naturall death and all Kings liuing are made common persons and punished and made liable vnto a ciuill death A strange and vnheard kinde of grant is here extant in which the liuing are included with the dead for with the ashes of this blessed MARY know thou that the Maiestie of all Kings and Princes lye here depressed and violated and because the Regall secret doth sufficiently admonish Kings of their dutie O Traueller I say no more Out of this lamentable fortune of so great a Prince the disposition of the diuine prouidence most euidently appeared as some wise men haue obserued For those things which the Queenes ELIZABETH and MARY chiefly wished and studied to procure by this meanes came to passe Queene MARY which also shee said at her death desired nothing more earnestly than that the diuided Kingdomes of England and Scotland might be vnited in the person of her deare sonne And the other wished for nothing more than that the Religion by her established in England might be kept and conserued with the safetie and securitie of the people And that almightie God did heare their praiers England to her vnexpected felicitie doth now see and with great ioy acknowledge As soone as word was brought to Queene ELIZABETH that the Queene of Scotland was put to death shee not thinking thereof she heard it with great indignation shee looked heauily and could not speake a word and readie to swound for sorrow in so much that she put on mourning apparell and grieued exceedingly and lamented very much Shee caused her Counsellors being reproued and forbidden her presence to be examined and commanded Dauison to be brought into the Star-Chamber And as soone as her dolour would permit her she in great haste wrote this letter following vnto the King of Scotland with her owne hand and sent it by Mr. Robert Cary one of the Lord of Hunsdons sonnes Deare brother I would to God you did know but not feele with what incomparable griefe my minde is tormented and vexed by reason of the lamentable euent which hath befallen contrary to my minde and will which you shall vnderstand fully by my Cousin for as much as I cannot abide and endure to set it downe by writing I beseech you that as God and many others can beare witnesse vnto my innocencie in this matter so I desire you to beleeue that if I had commanded it I would neuer haue denied the same I am not of that base minde that for any terrour I should feare to doe that which is iust or to deny it being done I doe not so degenerate from my Ancestors nor am I of such an ignoble minde But as it is not the part of a Prince to couer and cloake the sense of his minde with words so will I neuer dissemble nor glose mine actions but I will performe that they shall come to light and appeare to the world in their colours I would haue you be assuredly perswaded that as I know that this was done vpon desert so if I had imagined it I would not haue put it ouer vpon any other neither yet wil I impute that to my selfe which I did not so much as thinke He who shall deliuer you these Letters shall acquaint and impart other things vnto you As for me I would haue you to beleeue that there is none other who loueth you better and beareth better affection to you or that will haue a more friendly care of you and your affaires If any one suggesteth or putteth other things into your head I would haue you to think that he beareth more good will and affection to others than to you God Almightie keepe you in health and preserue you alwaies In the meane time that Mr. Cary
IACOB MAG BRIT REG. MATER SERENISSIMA MARIA REGINA The most excellent Princesse Mary queene of Scotland and Dowager of France Mother to our Soueraigne lord James of greate Brittaine France Ireland king THE HISTORIE OF THE LIFE AND DEATH OF Mary Stuart QVEENE OF SCOTLAND LONDON Printed by Iohn Haviland for Richard Whitaker and are to be sold at the signe of the Kings Head in Pauls Church-yard 1624. TO THE KINGS MOST EXCELLENT MAIESTIE Most Dread Soueraigne ZENO the Philosopher being asked how a man might attaine wisdome answered By drawing neere vnto the dead O the Sepulchers of our Ancestors how much more doe they teach than all the studie bookes and precepts of the learned And herein due praise must needs be ascribed vnto Historie the life of memorie and the mirrour of mans life making those Heroick acts to liue againe which otherwise would be buried in eternall forgetfulnesse whereby the minde a greedy hunter after knowledge is enflamed by affecting the seuerall perfections of others to seeke after excellent things and by feruent imitation to attaine to that glory which is gotten by vertuâ— For these causes most renowned Soueraigne when I considered Plutarke laying aside the studie of Philosophic to thinke the time well imploied in writing the liues of Theseus of Aristides and of other inferiour persons and knowing how farre the lustre and splendor of Princes shineth beyond the brightnesse of others euery one standing for a million of the common people And being sensible that it is infused euen by nature euery man to desire and to be delighted with the relation and story of his owne Ancestors and predecessors For these reasons I presumed to present vnto your Highnesse this Treatise of the life and death of your Royall Mother the Lady MARY STVART Queene of Scotland A History most fit for this your Meridian of Great Britaine and yet neuer published in the English tongue before Wherein although I confesse the slendernesse of my skill in the exornation and beautifying of the stile and thereby may worthily incurre the reproofe of the learned yet if your Maiesty vouchsafe your gracious and Princely acceptation all faults therein shall easily bee couered and blotted out Therefore I become your humble Orator praying no other thing than the Sunne Diall of the Sunne Aspice me vt aspiciar most humbly beseeching the Almighty to blesse your most Excellent Maiestie with a long happie and prosperous reigne Your Sacred Maiesties most humble subiect WIL. STRANGVAGE THE PREFACE TO THE ENSVING HISTORIE IT is a thing most true and some finde it by experience that here below in this world there is nothing eternall And how can it be otherwise when the great Kings and Princes of the earth who seeme to be created of the most pure substance of the Elements of a matter as may bee said for their excellency incorruptible of the fine gold of Euilath and of the best mould to the patterne of the fairest Ideas and beare and carry the Image and Seale of all puissance as the chiefe impression of natures worke in the plaine greatnesse of Maiestie which engraueth their forehead with a gracious statelinesse Yet doe we see them euery day who seeme vnto men to be lasting and durable as eternity it selfe to quit the arches oâ— triumph and to yeeld themselues vnto the triumph oâ— death And more than that the most part of them finish their daies not in the sweet and calme waters like Pourcontrells but by a death disseasoned sometimes in their greene youth and flourishing age by the stormes and tempests as doe the Dolphins within the torrents billowes or waues of the sea tossed by diuers factions And it seemeth that this fatality pursueth ordinarily the most worthy and vertuous persons so that they finish their liues many times with violence or precipitation and not to goe vnto their death in a smooth path but to bee interrupted with some strange accident which cclipseth the bright shining lustre of their greatnesse which dasell the mindes of men that from below beheld them sitting aloft on the throne of Maiestie All which appeared most plainly and euidently to be true in the most worthy and royall Princesse MARY STVART Queene of Scotland who in all her life being tossed and turmoiled with infinite misfortunes concluded it with an vntimely death as followeth in the sequell of this Historie of her life and death MARY STVART Queene of Scotland was daughter vnto Iames the fist King of Scotland a wise and valiant Prince and of the Lady MARY of the Illustrious family of the Dukes of Lorraine whose fame for valour is renowned thorow all Christendome was borne on the eighth day of December in the yeere of our Lord 1541. She was not aboue eight daies old when her father died being left thus young the Noblemen of Scotland being diuided whereof the family of the Hamiltons and the Earle of Lynnox being the heads the one side supported by King Henry the eighth of England and the other by the French King Henry the second she was by the care of her mother who inclined vnto the French King at the age of six yeeres or thereabouts sent into France in the Gallies of Villagagnon a Knight of the Rhodes appointed by the French King vnto this seruice in the which voyage by the West Seas for in the other passage neere the Straits of Calice the Englishmen had laid a strong Nauy to intercept her she hardly escaped drowning by meanes of a storme or tempest that happened neere vnto the coast of little Brittaine in France where she afterward tooke land from whence she was conueyed vnto the Court of France where she was brought vp vnder her Curators the French King and the Dukes of Guise and by their exquisite care she drew in with the aire the sweetnesse of the humours of the countrey and in the end by the singular grace of nature and carefulnesse of her friends and Kinsfolks became with her age the fairest and goodliest Princesse of our time And beside this her rare beauty she had her vnderstanding and intendment so pure and perfect her iudgement so certaine surmounting and aboue the condition of her age and sex that it bred and caused in her a greatnesse of courage which was yet mixt and qualified with such sweetnesse and modesty that you could not see any thing more Royall any thing more gracious Her manners and priuate actions were such and were so well liked of generally that it caused King Henry the second of France and his Queene who was admired for her prudence to marry their eldest sonne Daulphin of France and heire of their Crowne vnto this Lady as vnto one well deseruing to be ioyned in mariage vnto their sonne heire apparant of the greatest kingdome in Europe And so vpon the foure and twentieth day of April in the yeere of our Lord 1558. Francis the Daulphin of France and MARY STVART Queene of Scotland were maried in the Church of Nostra Dama
subiects according to the times expressed in their licence The father excused himselfe most modestly in his letters the sonne desired that she would not be against his preferment insinuated that it may be that he may be profitable to his deare Countrie of England and openly professed himselfe a louer and honourer of the Queene of Scotland aboue all others who to giue correspondencie to his loue first made him Knight and afterward Lord Aâ—â—â—â—och Earle of Rosse and Duke of Rothsay and the fift moneth after his comming into Scotland tooke him to her husband with the consent of the most of the Noble men and proclaimed him King Murrey who applied all his wit to his owne priuate ambition and vnder the goodly pretence of Religion had drawne in the Duke of Chasteauleroy an honest minded man vnto his side fretting and others raising tumults and arguing these questions Whether a Papist was to be receiued to be their King Whether the Queene of Scotland might choose her selfe a husband at her owne election Whether the Noblemen of the Land might not by their authoritie appoint her a husband The Queene of England who knew the milde nature of Darly and the plaine and honest minde of the father taking compassion of the young man her Cousin and of the Queene a young woman also who had to deale with most turbulent persons who being aboue this twentie yeeres loosed from the gouernment of Kings could not now endure any Kings tooke it more quietly Neither had she any feare of them when she saw the power of the Queene her aduersarie not increased by that meane match and had the mother of Darly in her hand and foresaw that troubles would arise hereupon in Scotland which began incontinently for many Noblemen of Scotland as Hamilton and Murrey chafing fretting at the mariage this man for that the mariage was made without the consent of the Queene of England the other vpon a spight or priuie malice against the familie of Lennox but both of them vnder the pretext of the conseruation of Religion displaied their banners in manner of warre to disturbe the mariage so that the Queene was of necessitie enforced to leuie forces that the mariâ—â—â— might be celebrated with securitie and then she did so fiercely pursue the rebels by the helpe of the King her husband that she made them flie into England before the bands of English men promised to them could come but the Queene of England did couertly grant a lurking place vnto Murrey who was wholly addicted vnto the English and secretly maintained him with money by Bedford vntill hee returned into Scotland which was the day after the murder of Dauid Rizius The causes which Queene Elizabeth alleadged why shee admitted Murrey and the Scottish rebels into England were for that the Queene of Scotland had receiued Yaxley Standen and Welsh English fugitiues into Scotland and receiued O-Neale a great man of Ireland into her protection had intelligence with the Pope against England and had not done iustice on the theeues on the borders and on Pirates Queene Elizabeth not forgetfull of the Scottish affaires a moneth or two after the mariage sent Tamworth a Gentleman of her priuie Chamber vnto the Queene of Scotland to warne her not to violate the peace and to expostulate with her for her hastie marriage with the natiue subiect of England without her consent and withall to request that Lennox and Darly might be sent backe into England according to the league and that Murrey might be receiued againe into fauour Shee smelling his arrand admitted him not to her presence but in articles deliuered in writing promised in the word of a Prince that neither shee nor her husband would attempt any thing to wrong the Queene of England or her children lawfully begotten or the quiet of the Realme either by receiuing fugitiues or by making league with strangers or by any other meanes yea most willingly that they would make such league with the Queene and Realme of England which might be profitable and honourable for both the Realmes neither that they would innouate any thing in the Religion Lawes and liberties of England if at any time they should possesse the Kingdome of England yet vpon this condition that Queene Elizabeth would fully performe this thing on her part toward her and her husband viz. by Parlament establish the succession of the Crowne of England in her person and her lawfull issue and if that failed in Margaret Countesse of Lennox her husbands mother and her children lawfully begotten As for the other things shee answered That shee had acquainted the Queene with her mariage with Darly as soone as she was fully determined to marie him and had receiued no answer from her That she had satisfied the Queenes demands forasmuch as she had not married a stranger but an English man borne who was the noblest in birth and most worthiest of her in all Britaine that she knew But it seemed strange that she might not keepe with her Darly whom shee had maried or not keepe Lennox in Scotland who was a natiue Earle of Scotland As for Murrey whom she had tried to bee her mortall enemie shee in faire words besought her to leaue her subiects vnto her owne discretion since that she did not intermeddle in the causes of the subiects of England With this answer Tamworth returned not respected as he thought according to his estate and place for to say the truth the malapert fellow had touched the reputation and credit of the Queene of Scotland with I know not what slander and had not vouchsafed to giue her husband the title of King Anno 1566. IN Iune the Queene of Scotland in a happie houre and to the perpetuall felicitie of Britaine was deliuered of her sonne Iames who is now the Monarch of Britaine which shee signified forthwith vnto Queene Elizabeth by Iames Meluin Who although she was grieued at the heart that the honour to bee a mother was borne away before her by her aduersarie yet she sent Henry Killigrew incontinently to congratulate with her for her safe deliuerance and the birth of a sonne And to will her not to fauour any more Shane O-Neale then rebelling in Ireland nor to entertaine Christopher Rokesby fled out of England and to punish certaine theeues vpon the borders Shortly after the estates of the Realme in the Parlament holden at London moued the Queene earnestly to marry and to set downe and nominate her successor but she by no meanes could be drawne to it Yet that it might appeare to the world whom shee thought most rightfull successor shee cast into prison Thornton the Reader â—f the Law at Lincolnes Inne in London at that time of whom the Queene of Scotland had complained that he in his reading had called into question and made a doubt of the right of her succession The time being come for the baptizing of the Prince of Scotland the Queene of England being requested to be Godmother
sent the Earle of Bedford with a Font of massie gold for a gift and commanded expresly that neither hee nor any English men that accompanied him should vouchsafe to call Darly by the name of King That Ceremonie being finished the Earle of Bedford dealt with the Queene of Scotland about other things contained in his commission that is to wit That the domesticall contentions betweene her and her husband might bee compounded for some malicious sworne enemies to them both had craftily broken asunder that most pleasant societie of life and loue betweene them and the treatie of Edenburgh ratified This last thing she vtterly denied alleadging that in the treatie was much matter that might impeach and derogate from her owne and her childrens right vnto the Crowne of England Yet shee promised to send Commissioners into England who should talke about the confirmation thereof changing some words namely that shee should forbeare to vse the title and armes of England whilest Queene Elizabeth liued and her children As though it were meant in the treatie that shee should forbeare to vse them for euer And also should declare vnto her how iniuriously shee was vsed by their villanous deuices that abused the simplicitie and credulitie of her husband more than was to bee suffered And now she being sickly and weake in her letters commended her young sonne vnto the fidelitie and protection of Queene Elizabeth in which letters though she knew I vse the words of the letters that she is the vndoubted rightfull heire of England after Queene Elizabeth and that many imagine and deuise sundry things against that right shee promised that shee would not vrge any more any declaration of her right but that shee will helpe assist and cleaue vnto her alwaies with all her power against all persons Anno 1567. BVt before those Commissioners came from the Queene of Scotland and a moneth or two after the Prince was Christened the King her husband in the one and twentieth yeere of his age in the dead time of the night by a hatefull and abominable villanie which all good men doe detest was strangled in his bed and cast into a garden and the house blowne vp with Gun-powder A rumour forthwith was diuulged in all Brittaine and the fault laid vpon Mourton Murrey and their confederates And they insulting vpon the weaknesse of her sex laid it from themselues vpon the Queene What George Buchanan hath written hereof as well in his Historie as in a Pamphlet called the Detection is knowne to all men by those printed bookes But since hee carried away with partiall affection and with the gifts of Murrey wrote in that manner those bookes were condemned of falshood by the Estates of the Realme of Scotland vnto whom more credit is to bee giuen And he himselfe lamented and bewailed vnto the King whose Schoolemaster hee was reprouing himselfe oftentimes as I haue heard that he had written so spightfully against the well-deseruing Queene And at his death wished that he might haue liued so long vntill hee might wipe out with a recantation or with his bloud the spots and staines hee had falsly laid on her But that as hee said would be to no purpose since he should seeme to doat for old age Let it bee lawfull for me that the other part may also bee heard in few words to lay open all the matter as much as I can vnderstand without any hate or loue as well out of the writings of other men which were set forth at that time but suppressed in fauour of Murrey and vpon hatred vnto the Queene Captiue in England as also out of the letters of Embassadors and of men of good credit In the yeere of our Lord one thousand fiue hundred fiftie and eight at the mariage of Francis the Dolphin and of MARIE Queene of Scotland Iames the Queenes Bastard-brother commonly called the Prior of Saint Andrewes disdaining that Religious appellation sued for a more honourable title which when she by the aduice of the Guises her Vncles would not grant he returned into Scotland much offended and began to make broiles vnder a goodly pretence of the reformation of Religion and assuring the libertie of Scotland and effected it so farre that Religion was changed in an assembly of the Confederates without the Queenes priuitie And the French men were remoued out of Scotland by the helpe of the English men they had brought in Francis the King of France being deceased he poasted into France vnto his sister and laying from himselfe whatsoeuer had beene done in Scotland against her profit or credit calling God to witnesse solemnly promised to doe all the kind offices which a sister could expect at the hands of a brother And conceiuing also a hope that she being bred vp from her tender yeeres in the delights of France would not returne into Scotland dealt with the Guises that some one of the Scottish Nobilitie might be named Regent of Scotland and as with his finger shewed himselfe as the fittest man But when he was sent backe into Scotland with no other authoritie but onely with Letters Patents wherein the Queene gaue authoritie to assemble the Nobilitie and to aduise and conferre about the good of the common wealth hee being deiected and â—ustrate of his hope returning thorow England in a rage and furie put into their heads that if they desired or had a care of the preseruation of Religion in Scotland the tranquillitie of England and securitie of Queene Elizabeth they should hinder the returne of the Queene of Scotland into Scotland by one meanes or other Yet shee arriued safe in Scotland passing by the English Fleet in a thicke mist and vsing her brother with all courtesie commended the gouernment of all the affaires into his hands Yet these things did not cut off the branches of his ambition which daily sprang out both in words and deeds For neither could he containe himselfe but that oftentimes amongst his friends he would lament that the warlike Scottish Nation no lesse than that of the English men was subiected to the gouernment of a woman and out of the doctrine of Knox whom hee accounted as a Patriarke hee would often discourse that Kingdomes were due vnto vertue not vnto kindred That women were to bee excluded from the succession of Kingdomes and that their rule was monstrous Hee dealt also with the Queene by his friends that she would substitute some out of the familie of the Stewarts who if she died without issue should succeed one after another in the Kingdome and not to haue any regard whether they were legitimate or illegitimate hoping that he should be one of them being a Kings sonne although illegitimate But the Queene when she out of her wisdome weighed that such a substitution was a thing contrary to the Lawes of the Land and would be a wrong vnto the right heires a most pernicious example and perillous also for the substitutes themselues yea and a barre vnto her to keepe
pittie of Queene ELIZABETH was vnfained or not is not knowne But certaine it is the Councellors of England did enter into a mature deliberation what should be done with her If she should be kept still in England they feared that she which had an alluring eloquence would daily draw to her part many more to fauour the right shee pretended vnto the Crowne of England who would kindle her ambition and leaue nothing vnattempted to purchase the Kingdome for her That forraigne Embassadors would helpe and assist her purposes and that then the Scots would not faile her when they saw such a faire prey Moreouer the fidelitie of keepers was vncertaine and if she should die in England by sicknesse it would giue occasion of slander and the Queene should bee vexed and turmoiled euery day with new molestations If shee should bee sent into France they feared lest her Cosen 's the Guises would againe pursue the right and claime shee made vnto England vpon a conceit and opinion that she could doe much in England with some for Religions sake with others by the probabilitie of the right whereof I speake and with many vpon a mad desire of innouation Besides that the friendship betweene Scotland and England which is very profitable might be broken and the ancient league betweene France and Scotland renewed which might be more dangerous than in former times when Burgundy was tied vnto England in a stricter league than at this present England hauing now no assured friends but the Scots If shee should be sent backe into Scotland they feared lest the English faction should bee put out of authoritie the French faction raised to the gouernment of affaires the young Prince expoled vnto danger the Religion in Scotland changed the French and other forrainers brought in Ireland more vexed and annoied by the Irish Scots and she her selfe brought into danger of her life by her aduersaries at home Hereupon most of them thought best to detaine her as a lawfull prize and not to bee let goe vntill she had satisfied for the challenging the title of England and answered for the death of DARLY her husband who was a natiue Subiect of England for the mother of DARLY the Countesse of Lennox long since blubbered with teares in her owne name and her husbands also had made a grieuous complaint against her and had besought Queene ELIZABETH that shee might bee arraigned for the death of her sonneâ—â— but shee comforting her with courteous words willed her not to lay such a crime vpon so great a Princesse her nearest Cousin wich could not be proued by any certaine euidence That the times were malicious and vniust spight blinde which doth lay crimes vpon innocent persons but that Iustice which is the punisher of offenders was open eied and sitteth by God On the other side the Lord Herris humbly besought the Queene not to beleeue rashly any thing against the truth against the Queene vnheard and that in Scotland Murrey should not precipitate the Parlament to the preiudice of the expulsed Queene and to the destruction of good Subiects Which though shee vrged exceedingly yet Murrey in the Kings name held the Parlament attainted many that stood for the Queene spoiled and destroied their houses and possessions Hereupon the Queene of England being moued with indignation signified by Midlemore vnto the Regent in bitter words That shee could not endure that by a most pernicious example vnto Kings the sacred authoritie of royall Maiestie should be contemned by Subiects and trodden vnder foot at the pleasure of factious people And howsoeuer they had forgotten the dutie and allegeance of Subiects toward their Princesse yet she could not forget any duty or office of good will and pietie towards her sister and neighbour Queene Therefore it was best for him then to come himselfe or else to giue commission vnto fit and apt men for this businesse who should make answer vnto the complaints of the Queene of Scotland against him and his complices and also yeeld iust reasons for their depriuation of her if hee did not that shee would set her at libertie forthwith and restore her to her Kingdome with all the power she could make And withall willed him not to sell away the Queenes apparell and precious ornaments though the Estates had permitted the same Murrey did as she willed him since he had depended vpon no other place but onely vpon England for this course of his fickle gouernment and the Noblemen of the Realme refused to bee sent on that message To Yorke therefore the place appointed for the meeting came hee himselfe and seuen of his dearest and most familiar friends as Commissioners for the King infant namely Iames Earle of Mourton Adam Bishop of Orkeney Robert Commendator of Dunfermellin Patricke Lord Lindsey Iames Mangill Henry Balnaw and Lidington whom Murrey with faire promises enticed to come with him fearing to leaue him at home and George Buchanan one that would sweare it if Murrey spake it accompanied them The same very day came thither Thomas Howard Duke of Norfolke Thomas Ratcliff Earle of Sussex a little before made President of the North and Sir Ralph Sadleir Knight one of the priuie Councell appointed Commissioners to heare the cause of the depriuation for the Queene of Scotland who tooke it most vnkindly that Queene ELIZABETH would not heare her to speake and yet commanded her Subiects to be heard against her before Commissioners forasmuch as shee being an absolute Prince could not be bound to answer but at pleasure vnto her Subiects accusing her There appeared Iohn Leslie Bishop of Rosse William Lord Leuingston Robert Lord Boyde Gawen Commendator of Kilwiming Iohn Gordon and Iames Cocburne for her When they were met on the seuenth day of October and shewed each one to the other their Letters Patents of their Commission Lidington standing vp and turning to the Scots with a wonderfull bold speech admonished them Forasmuch as it should seeme by the Commission granted to the English men that the Queene of England had no other purpose but that they should defame disgrace and discredit the reputation and good name of their Queene mother to their King and that shee as an vmpire and Iudge should giue sentence that they should consider with themselues discreetly what hate and danger they might draw vpon themselues by accusing her of crimes and bringing her in danger and losse of reputation in this iuridicall and publike forme before English men the professed enemies of the Scottish Nation not onely with the Scots that loued the Queene buâ— also with other Christian Princes and her Cousins in France and what reason they could yeeld for this insolent accusation not without the wrong of the Scottish Kingdome vnto the King when he being riper in yeeres shall thinke this action a reproach and dishonour to himselfe his mother and his Countrie also Therefore he thought it most fit to leaue off the odicus accusation of so great a Princesse except the Queene
to breake out in Norfolke which was quenched in the beginning some Gentlemen of Norfolke desiring to deliuer the Duke who was exceedingly loued of all men had deuised at Harleston Faire by sounding of a Trumpet to gather a multitude vnder the pretence to expulse strangers out of the land Iohn Felton who had fixed the Popes Bull on the Bishop of Londons gate in the night being apprehended for hee would not flie when hee might being arraigned with a stout courage confessed the deed which yet he would not acknowledge to bee any offence was executed neere vnto the place where hee had fixed the same The same day Felton was arraigned the Duke of Norfolke confessing his offence and shewing great penitence and hauing by his writing giuen his word not to deale any more about the mariage with the Queene of Scotland without the priuitie of Queene ELIZABETH was brought backe from the Tower of London to the great ioy of the people remaining at his owne house vnder the keeping of Sir Henry Neuill And indeed he could not be arraigned of treason by the Statute of 25. of Edward the third as Cecill said who desirous of the Dukes good was earnest to haue him marrie another woman whereby hee might bee lesse feared and the publike tranquillitie conserued Yet some there were that thought hee was let out of purpose that he might be thrust into some greater danger And indeed moe things came euery day to light than he suspected and the credit of his most secret counsellors were corrupted with hopes or with bribes These times were full of suspitions and conspiracies for there conspired to deliuer the Queene of Scotland out of prison Thomas and Edward Stanley the younger sonnes of the Earle of Derby by the daughter of Thomas Duke of Norfolke Thomas Gerard Rolston Hall and others in Derby-shire But Rolstons sonne who was one of the Pensioners opened the conspiracie and they were all cast into prison but Hall who escaped into the I le of Man and from thence vnto Dunbritton where being taken at the winning of the Castle hee was conueied vnto London and there executed as a Traitor And the Bishop of Rosse himselfe lately deliuered out of prison was againe deliuered vnto the custodie of the Bishop of London for that he had secret conference with the Earle of Southampton a man wholly addicted to the Romane religion Queene ELIZABETH her minde being in great doubt of trouble vpon the publication of the Bull and the insurrection intended in Norfolke sent Cecill and Mildmay vnto the Queene of Scotland who then lay at Chattesworth in Derby-shire to consult and deuise with her by what meanes the diuision in Scotland might in the best manner be compounded she restored vnto her former estate and prouision made for the securitie of Queene ELIZABETH and the safetie of her little sonne Shee did nothing but deplore her most distressed estate complaine of the crafty policies of Murrey excuse Norfolke and put all her hope in the benignitie of Queene ELIZABETH They for the making and establishing of a sincere league of amitie betweene the Realmes propounded these Articles 1 The Treatie of Edenburgh should bee confirmed Shee should renounce her title and right to England during the life of Queene ELIZABETH 2 She should not renew nor keepe any league with any Prince against England 3 Shee should not admit or receiue any forraine Souldiers into Scotland 4 She should haue no practice nor intelligence with any Irish or English men without the Queenes knowledge 5 She should restore the English fugitiues and rebels 6 Shee should make amends or recompence for the hurt done vnto the English borderers 7 She should enquire according to the Law for the murders both of Darly and Murrey 8 She should deliuer her sonne pledge into England 9 She should not marrie with any English man without the knowledge of the Queene of England nor with any other against the wills of the States of Scotland 10 The Scots should not passe ouer into Ireland without leaue obtained out of England 11 For the confirmation and assurance whereof the Queene and the Commissioners to be appointed should set to their hands and seales 12 Six hostages whom the Queene of England should name should be sent into England 13 If the Queene of Scotland attempted any thing against the Queene of England by her selfe or by any other she should lose all her right ipso facto which she claimeth in England 14 The Castles of Hume and Fast Castle to be kept by the English men three yeeres 15 Some Fortresse also in Galloway or Cantire should be deliuered vnto the English men lest the Irish-Scots should infest Ireland from thence 16 Lastly the Estates of Scotland should confirme all and singular these things by the authoritie of Parlament To these propositions she out of her discretion did answer warily enough vpon the sudden but shee referred them for a fuller answer vnto the Commissioners sent by her Lieutenants in Scotland who were the Bishop of Rosse her Embasladour in England Alexander Gordon Bishop of Galloway Vncle vnto the Earle of Huntley and William Lord Leuingston who afterward admitted some of these Articles and reiected others They answered That the treatie of Edenburgh should bee confirmed the title renounced during the life of Queene ELIZABETH That they must consider of the ancient league with France which if they did not keepe the Queene should lose her Dowrie the Scottish Nation of the which one hundred men at armes on horse-backe and one hundred foure and twentie Archers are maintained in the Guard Merchants Students many that possesse land by inheritance and that haue spirituall liuings should be put out and lose their pensions immunities and priuileges which they enioy being very great and Scotland should bee depriued of the amitie and aid of a most mightie Nation Which things except the English men did liberally and bountifully recompence they cannot renounce and forsake the French league by any meanes That they will not admit any forraine Souldiers except in case of such a rebellion that cannot bee supprest by Souldiers of their owne Countrie That the Queene of Scotland shall haue no intelligence with the subiects of England so that the Queene of England in like manner shall haue none with the subiects of Scotland to the hurt of Scotland If there bee any English rebels or fugitiues they be in the hands of the Scottish rebels and are to be demanded of them The hurts done are to be examined by Commissioners For the murder of DARLY and Murrey let them be inquired of according to the Lawes of Scotland That they cannot deliuer the King for hostage who is in the hands of them that vse the Kings name as a colour for their rebellion against the Queeene That it is strange and a thing not heard of at any time that a free Princesse should be prescribed in her mariage by a forraine Prince and her owne subiects That the Scots shall not
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
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
Escouedo sent out of the Netherlands he had desired to haue some Hauens in Biscay granted vnto him from whence hee might inuade England with a Nauie But Philip disliked their intentions and began to neglect him as one ouer ambitious Yet Queene ELIZABETH vnderstood not these things fully vntill Orange informed her In the meane time Don Iohn couertly prosecuted the mariage and at the same time to cloake the matter sent vnto Queene ELIZABETH the Viscount of Gaunt to shew her the conditions of the peace and to request longer daies of paiment for the money lent vnto the Estates which she willingly granted and dealt with him againe by Wilson to recompence the Merchants of England for the hurt sustained in the sacking of Antwerpe He eludeth the matter whiles he seemed to attend about the Perpetuall edict for peace he brake out suddenly into open warre and by policie gat into his hands many Cities and Castles and wrote vnto the King of Spaine that he thought it best to subdue and conquer the Ilands of Zeland before the Inland Prouinces and beleeuing that which he hoped endeuoured to perswade him by his Secretarie that England was easier to be conquered than Zeland Anno 1578. ABout this time Margaret Dowglas Countesse of Lennox Neece to Henry the eighth by his eldest sister widow of Matthew Earle of Lennox Grandmother vnto IAMES King of Great Britaine ouerliuing her eight children departed to the ioies of heauen in the threescore and third yeere of her age and was buried at Westminster with a solemne funerall at the Queenes charge a Matron of worthy pietie patience and chastitie who was thrice cast into prison as I haue heard her speake it not for matter of treason but for loue matters First when Thomas Howard sonne to Thomas Howard first Duke of Norfolke being in loue with her died in the Tower then for the loue of Henry Darly her sonne to the Queene MARIE of Scotland lastly for the loue of Charles her younger sonne â—o Elizabeth Candish mother to Arbella of which mariage the Queene of Scotland was accused to bee a procurer as I haue said before About the same time the credit and authoritie of Mourton began to decay insomuch that hee was remoued from his office of Regent and the administration of all things deliuered vnto the King by the common consent of the Estates and because hee was not past twelue yeeres old vnto twelue of the chiefe Noblemen which were named of whom three euery three moneths by turnes should bee present with the King to giue him aduice and Mourton was one of them that they might seeme to bring him lower not to cast him downe Shortly after Mourton trusting on his sharpe wit long experience and many dependants and retainers thinking nothing well done except he himselfe did it and also not brooking not to be the same man he had beene drew backe all the administration vnto himselfe not regarding his associates and not obseruing the consent of administration set downe hee kept in his hand the King within the Castle of Sterling and shut out excluded whom he pleased and admitted others at his owne choice Wherewith the Noblemen being moued made the Earle of Atholl their Captaine and made Proclamation in the Kings name that all men aboue sixteene and vnder threescore yeeres should meet in Armour with victuals for fifteene daies There met very many and with Banners displaied they marched vnto Fawkirke where Mourton with his friends met them in Armour ready to fight But Robert Bowes the English Embassadour by intreatie and mouing honest conditions kept them from fighting and Mourton forthwith as wearie of businesse went home secretly and the Earle of Atholl died incontinently not without suspicion of poison which the mindes incensed against Mourton tooke to his slander and for this and other things they neuer ceased to persecute him vntill they had brought him to his destruction as we will declare hereafter Anno 1579. THe Scots were in feare of hauing their Religion altered by a French man called Amatus or Esmaus Stewart who came at this time into Scotland to see the King his Cousin for he was the sonne of Iohn Stewart brother vnto Matthew Earle of Lennox who was the Kings Grand-father and called Aubigney of a Towne in Berry which long since Charles the seuenth King of France had giuen to Iohn Stewart of the familie of Lennox who being Constable of the Scottish Armie in France put the English men to flight at Baugy and was afterwards slaine by them in the battell of Herrings and euer since that time it hath belonged vnto the younger sonne of that house This man the King vsed with singular kindnesse gaue him good liuings made him of his priuie Councell and Lord Chamberlaine of Scotland and Captaine of the Castle of Dunbritton and then Earle of Lennox and after Duke This extraordinarie fauour of the King towards him caused many to enuie him who murmured that he was a fauourer of the Guises and of the Roman Religion and sent purposely into Scotland by secret meanes to ouerthrow the true Religion The suspicion was much increased in that hee was familiar with the aduersaries of Mourton and intreated to haue Thomas Carre of Fernihurst recalled home who was the most assured friend to the Queene of Scotland of all others Mourton resisting the same with all his power but in vaine for his authoritie was lesse and lesse with all men although it might seeme that hee deserued well in profligating the Hamiltons and taking the Castle of Hamilton and Daffraine Anno 1580. IN Scotland when many Ministers of the Word and Noblemen perceiued that Lennox was in the Kings high fauour first they raised one Iames Stewart of the familie of Ochiltree Captaine of the Guard and Earle of Arran for hee had vsurped that title from I know not what cession of Iames Hamilton Earle of Arran whose Tutor hee had beene when hee was not well in his wit to affront him But the King in a short time reconciled them When this way serued not their turne they procured him as much hatred as they could at home and accused him hainously vnto the Queene of England as one sent in couertly by the Guises to shake the state of Religion to procure the libertie of the imprisoned Queene and to dissolue the amitie betweene England and Scotland These men were soone beleeued and vpon this matter was kept a serious consultation in England though hee in his letters cleered himselfe to the Queene and openly professed the Protestants Religion For the Councellors of England feared lest he should suppresse the Scots who were friends to England nourish excursions in the borders and entice the King to marrie in France or in some other place vnknowne to the English men whereupon the young King trusting might trouble England and being growne to mature yeeres assume to himselfe the title of the Realme of England as his mother had done before which if hee should
VINCVLA CRESCO Another was a Palme tree much laden but rising againe with these words PONDERIBVS VIRTVS INNATA RESISTIT Also an Anagram VERITAS ARMATA out of her name MARIA STEVARTA the letters being transposed which was taken in the worse part Moreouer there were letters shewne as if they had beene intercepted in the which the friends of the Queene complained that all their hope was quite cut off if she was but put into the custodie of the Puritans Vnder this colour she was taken from Shrewsbury and committed to the custody of Amias Paulet and Drewgh Drury and that of purpose as some thinke that being driuen into desperation she might be more apt to take abrupt counsels and more easie to be intrapped For Sbrewsbury in all that fifteene yeeres had so prouidently kept her that there was no place left of plots from her or against her And now also she dealt more earnestly with the Pope and the King of Spaine by Francis Inglefield to hasten that which was begun and that with all expedition whatsoeuer became of her And Leicester who was thought to study how to deceiue the right owner of the succession secretly sent ruffians as many said to murther her But Drury an honest minded and vpright man detested the wickednesse from his heart and suffered them not to haue any accesse vnto her Yet some spies secretly crept in and there were closely sent as well counterfeit as true letters by which her womanish weaknesse might be thrust forward to her destruction as we will say hereafter And to turne quite away the loue of Queene ELIZABETH from her it was whispered in her eares that Allan for the Catholikes Ecclesiasticks of England and Inglefield for the Laicks and the Bishop of Rosse for the Queene of Scotland with common consent and with the consent of the Pope and the King of Spaine had decreed that Queene ELIZABETH was to be deposed from her Crowne and the King of Scotland was to be disinherited of the kingdome of England as manifest and open Heretiques the Queene of Scotland to be maried to some Catholike Nobleman of England he to be chosen King of England by the English Catholikes and the election to bee confirmed by the Pope The lawfull children of this man by the Queene of Scotland to be declared successors in the kingdome And all these things vpon the credit of Hart a Priest But who this Englishman should be Walsingham made diligent inquiry but he found not who he was But the suspicion fell vpon Henry Howard brother to the D. of Norfolke who was of the chiefe Nobility a single man and an earnest Roman Catholike and amongst them of great reputation and account Anno 1585. IN the beginning of this yeare was a Parliament holden at Westminster where the aforenamed Association was confirmed by the common consent of both the houses And it was enacted that foure and twenty or more of the Priuy Counsell and Nobility of the land chosen by the Queenes letters Patents might inquire of them who shall inuade the Realme raise rebellion or attempt to hurt or kill the Queenes person for any whosoeuer or by them whosoeuer who may challenge right vnto the crowne of England But he for whom or by whom they shall attempt shall bee made vtterly vncapable of the Crowne of England and shall be vtterly depriued of all right thereunto and shall be pursued euen vnto death by all the subiects if he shall be iudged and publikely declared by those foure and twenty men to be priuy to such an Inâ—asion rebellion or hurt There were also acts made against Priests and Iesuits to this effect That they should depart out of the Realme within X L. daies That for them who from thenceforth came into the Realme and staied it should be treason That they who knowing them to be such doe reâ—eeue receiue or helpe them should be fellons so they call all capitall offences vnder treason That they who are brought vp in the Seminaries if within six moneths after proclamation made they doe not returne and doe not make submission vnto the Queene before the Bishop or two Iustices of peace shall be guilty of treason But they who shall submit themselues if within ten yeeres they come vnto the Court or neerer it than ten miles their submission shall be void They whosoeuer shall send any money by any manner of meanes vnto the Students in the Seminaries shall incurre a Praemunire that is perpetuall imprisonment and losse of all their goods If any of the Peeres of the land that is to say Dukes Marquesses Earles Barons Lords of the Parliament shall offend against these lawes he shall be tried by his Peeres They who shall know any such Iesuits and others to lie hid in the Realme and shall not discouer them within twelue daies shall be fined at the Queenes pleasure and put into prison If any man be suspected to be a Iesuite or Priest and doe not submit himselfe vnto examination for his contempt he shall be imprisoned vntill he doe submit himselfe He that shall send his children or any others vnto the Seminaries and Colleges of the Roman profession shall lose and forfeit a hundred pounds of English money And they who are sent shall not succeed in their heritages nor enioy the goods that may fall vnto them by any manner of meanes And so shall they also who within a yeare after they returne home from the Seminaries except they doe conforme themselues vnto the Church of England If the keepers of hauens permit others beside Sailers Mariners and Merchants to passe ouer the sea without the Queenes licence or six of her Counsellors shall lose their places and the Masters of the ship who shall carry them oâ—t shall lose and forfeit their ships and goods and be imprisoned a whole yeere With the seuerity of these lawes the Roman Catholikes in England were very much terrified and amongst them Philip Howard Earle of Arundell eldest sonne vnto the Duke of Norfolke insomuch that he determined to depart out of the Land lest he should offend against them This man by the benignitie of the Queene was restored in bloud three yeeres before this time a little after he fell out of the Queenes fauor grace by the secret insimulation of some great Courtiers had secretly reconciled himselfe vnto the Romane religion and vsed a very austere life Hereupon he was once or twice called before the Counsell and cleared himselfe of the obiections laid to his charge but yet he was commanded to keepe his house After six moneths more or lesse he was discharged and came to the Parlament yet the first day when the Sermon was preached he stole couertly out of the company The Parlament being ended as being resolued to depart away out of the Land in his letters written vnto the Queene which yet he commanded to be deliuered after he was gone ouer he made a long and lamentable complaint of the enuie of his mighty aduersaries
Queene ELIZABETH was found out and came to light which I will briefly describe At Easter this yeere Iohn Ballard a Priest of the Seminarie of Rhemes who had visited many Roman Catholikes in England and Scotland returned into France accompanied with Mawd one of Walsinghams spies a most craftie dissembler who had bleared his eyes and talked with Bernardino Mendoza at that time ordinary Embassadour of the King of Spaine in France and with Charles Paget a man exceedingly addicted to the Queene of Scotland about the inuading of England saying that now was a most fit time all the militarie men being absent in the Low Countries and that they could not hope for a fitter time since that the Pope the King of Spaine Guise and Parma were determined to set vpon England by that way to turne the warre out of the Low Countries And though Paget held it cleere that it would be in vaine as long as the Queene liued yet Ballard was sent backe into England being sworne to procure aid and helpe vnto the Inuaders and libertie vnto the Queene of Scotland and that with all speed and as soone as he could At Whitsontide following this Ballard apparelled like a souldier and called by a counterfet name Captaine Foscu arriued in England and talked at London about these things with Anthony Babington of Dethick in Derbishire a young man well borne rich of an excellent wit and learned aboue his yeeres who being addicted to the Roman Religion had a little before stollen ouerinto France without any licence and had beene very familiar with Thomas Morgan one that belonged vnto the Queene of Scotland and with the Bishop of Glasco her Embassador which two in extolling continually the heroicall vertues of such a Queene had shewed such certaine hopes of great honours and preferments by her of which the ambitious young man quickly tooke hold they also commended him thinking of no such matter in their letters to the Queene of Scotland For when he was returned into England she curteously saluted him by her letters and from that time Morgan vsed to send ouer and to conuey letters vnto her by his meanes vntill such time as she was put ouer to be kept by Amyas Paulet For then the young man seeing the danger left off With this Babington I say did Ballard deale about this matter He was fully perswaded that the Inuasion of England would come to nothing so long as Queene ELIZABETH liued But when Ballard had insinuated that she should not liue long that Sauage who had taken an oath to kill her was already come into England Babington did not like that so great a matter should be committed onely to Sauage lest hee should faile in his attempt but rather to six stout Gentlemen whereof he would haue Sauage to be one lest he should breake his oath and Babington deuised a new way to haue the land inuaded by strangers of the hauens where they should take land of the aid that should be ioyned to them how to deliuer the Queene of Scotland and to kill the Queene Whiles he studied earnestly about this matter he receiued by a boy vnknowne letters in a character or ziffre samiliar betweene the Queene of Scotland and him which mildly accused him for his long silence and bade him to send with speed a packet of letters sent from Morgan and deliuered by the Secretary of the French Embassador which thing he did and withall by the same messenger wrote letters vnto her wherein he excused his silence for that he was depriued of meanes and opportunity to send from the time that she was put into the custody of Amyas Paulet a Puritane a meere Leycestrian and a professed enemie of the Catholike faith for so he called him He opened vnto her what he had conferred with Ballard and told her that six Gentlemen were selected to execute the tragicall murder and that he with a hundred other would deliuer her at the same time Hee besought her that rewards might be propounded and giuen vnto the heroicall actors in this businesse or to their posterity if they failed or died in the action Vnto these letters answer was made the 27. of Iuly the forward care of Babington toward the Catholike Religion and her selfe is commended but he was aduised to proceed in the businesse warily and that an Association might bee made amongst them as though they feared the Puritans and that no stir should be made before they were certaine and assured of forraine helpe and forces that some tumult might be raised also in Ireland whilest a blow or wound might be giuen in these parts Arundell and his brethren and Northumberland might be drawne into their side Westmorland Pager and some others secretly called home And the way also of deliuering her is prescribed either by ouerthrowing a Cart in the gate or by burning the stables or by intercepting her selfe when she rode vp and downe in the fields for her recreation betweene Chartley and Stafford Lastly Babington is commanded to giue his word and promise for the rewards vnto the six Gentlemen and the others He had already gotten vnto himselfe some Gentlemen who were earnest Roman Catholikes among the which the chiefest were Edward Windsore brother to the Lord Windsore a milde young man Thomas Salisbury of a worshipfull family in Denbighshire Charles Tilney of an ancient worshipfull house the only hope of his family and one of the Gentlemen pensioners to the Queene whom Ballard had lately reconciled vnto the Roman Church both of them very proper men Chidiocke Tichburne of Hamshire Edward Abington whose father was Cofferer to the Queene Robert Gage out of Surrey Iohn Trauerse and Iohn Charnock of Lancashire Iohn Iones whose father had beene Taylor vnto Queene Mary the aforenamed Sauage Barnwell of a worshipfull family in Ireland and Henry Dun a Clarke in the office of the first fruits and tenths into this society Pooly also insinuated himselfe a man perfectly instructed in the affaires of the Queene of Scotland a notable and cunning dissembler who is thought to haue discouered all their purposes and counsells vnto Walsingham day by day and to haue vrged these young men ready enough to doe euill headlong by suggesting and putting worse things into their heads though Naâ—â—s Secretary to the Queene of Scotland had secretly aduised them to take heed of him Vnto these men Babington communicated the matter but not all things vnto euery one hee sheweth his letters and those of the Queene of Scotland vnto Ballard Tichburne and Dun he moueth Tilney and Tichburne to dispatch the Queene At the first they deny to contaminate and â—mbrue their hands in their Princes bloud Ballard and Babington tels them that it is lawfull to kill Princes who be excommunicated and if one offend it is to be done for the good of the Catholike Religion Herewith they with much adoe perswaded doe consent Abington Barnwell Charnock and Sauage readily and voluntarily sweare to doe it Salisburie could not be perswaded
viua voce voluntarily without hope or reward the sentence against the Queene of Scotland was pronounced and confirmed with the seales and subscriptions of the Commissioners and recorded in these words By their assent consent and accord they doe pronounce giue and say their Sentence and Iudgement at the day and place last rehearsed that after the end of the aforesaid Session of Parliament specified in the aforesaid Commission viz. after the aforesaid first day of Iune in the 27. yeere aforesaid and before the date of thesaid Commission diuers things were imagined and compassed within this Realme of England by Anthony Babington and others with the priuitie of the said MARIE pretending title vnto the Crowne of this Realme of England tending to the hurt death and destruction of the Royall person of our said Ladie the Queene And to wit that after the aforesaid first day of Iune in the seuen and twentieth yeere abouesaid and before the date of the aforesaid Commission the said MARIE pretending title vnto the Crowne of this Realme of England compassed and imagined within this Realme of England diuers things tending to the hurt death and destruction of the Royall person of our Lady the Queen against the forme of the Statute specified in the aforesaid Commission Of this Sentence which depended wholly on the credit of the Secretaries neither were they brought face to face according to the first Statute of the 13. yeere of Queene ELIZABETH her selfe was very much speech and different amongst men some iudging them vnworthy of credit and others againe thought them worthy to be beleeued I haue seene the Apologie of Nauus written vnto King Iames in the yeere 1605. in the which hee doth laboriously excuse himselfe in protesting that hee was neither the Author nor perswader nor first discouerer of that plot or deuice neither that hee failed at all in his dutie through negligence or incircumspection but rather that he stoutly did impugne the heads of the accusations against his Ladie this day Which thing yet doth not appeare by the publike records But the same day it was declared by the Commissioners and by the Iudges of the Realme That that Sentence did derogate nothing from IAMES King of Scotland in his right or honour but him to be in the same place estate and right as if that Sentence had not beene giuen at all In a short time after there was a Parlament holden at Westminster in the which the Estates of the Kingdome who had approued and confirmed by their voices the sentence pronounced against the Queene of Scotland by one consent and accord deliuered by the Chancellor vnto the Queene a supplication in which they most earnestly besought her that for the conseruation of the true Religon the tranquillitie of the Realme safetie of the Queene the good estate of them and of their posteritie the sentence giuen against MARY Queene of Scotland according to the Law might be published They fetcht their reasons from the dangers hanging ouer the heads of their Religion her Royall Person and Realme by her who nursed vp in the Religion of the Papists and sworne one of the Holy League to root out the Religion of the Protestants had challenged long the Realme as due to her and had thought it a most iust thing to oppugne a woman excommunicate and meritorious to depriue her of her life She had subucrted and ouerthrowne the flourishing families of the Realme and laid fewell vnto all plots contriued and tumults in England To spareher was no other thing but to vndoe the people who will take it in euill part if she be suffered to escape without punishment and will not beleeue themselues freed from the oath of the Association except she were put to death Lastly they called to her remembrance what fearefull examples of Gods punishment there were against King Saul for that he killed not Agag and vpon Achab for that he killed not Benadad Thus said the States of Parlament The Queene with a maiesticall countenance and voice answered vnto this effect The benefits of Almightie God are so great and so many toward me that I doe not only acknowledge them most humbly but doe admire them as miracles forasmuch as I cannot expresse them in words Although there be no mortall man more beholding to the Maiestie of God than I my selfe so oft times deliuered from dangers not without miracle yet I am not indebted more than for this only thing which I account as a miracle that is to say That as I receiued and tooke vpon me the gouernment of the Realme with the full consent and good will of all so I see perfectly the same if not your greater loue and good will toward me after that XXVIII yeeres be expired and if I should faile therein now and that it did not continue still I might perchance be perceiued to breathe but surely not to liue But now although attempts be made against my life neuerthelesse nothing troubleth me more than that she who is of the same sex of the same stocke and linage and also of my bloud and kindred hath beene accessarie to the same And I am so farre off from being malicious toward her as that when some plots against me came to light I wrote vnto her that if she would confesse them in her priuate letters vnto me they should be wrapped vp in silence Neither did I write thus with this minde to ensnare her for that whatsoeuer she could confesse was knowne to me Yet neuerthelesse though things are come to this passe that they are if she would truly repent and that none would vndertake her cause against mee and that hereupon my life only and not the safetie of all the people did depend I would not haue you thinke I faine I would truly most willingly forgiue her yea if England by my death might flourish more and haue a better Prince I would most readily lay downe my life for I doe desire not to liue but for the good of the people and not of my selfe Neither is there any cause hauing liued in that manner as I haue why I should desire to liue or feare to die I am not ignorant of all kinde of lifes for I haue obeyed and I haue gouerned I haue had good neighbours and also euill I haue found treacherie where I trusted I haue euill bestowed benefits and I haue beene euill reported of when I haue done well When I call these things past to minde see and behold the things present and expect future things I thinke them most happie who die soone against such euils as these I put on a manly minde that whatsoeuer befall vnto me death may not take and finde me vnprouided As concerning these treasons I will not so preiudicate my selfe or the lawes of my Kingdome that I doe not thinke but that she the author and contriuer of this treason is a subiect and liable by the ancient lawes although this new law had neuer beene made the which
that rather with a resolued and staied countenance she gaue thankes vnto God with lifting vp her hands vnto heauen And although Powlet her Keeper depriued her of all dignitie and respect and she was no more accounted of but as a meane woman of the basest ranke yet she endured it with a most quiet minde But hauing gotten leaue of him with too much adoe by letters vnto Queene ELIZABETH dated the nineteenth day of December she declareth her selfe free from all malice and hatefull minde against her giueth thankes vnto God for that sentence of death who would haue the end of her sorrowfull life to come She intreateth her that she may be obliged and beholden vnto her only and not vnto others for these benefits that follow since that she could expect and looke for no good from the hot-minded Puritans who carried all away in England First that when her enemies were glutted and satisfied with the shedding of her innocent bloud that her body may be carried by her seruants to be buried in some hallowed ground especially into France where her mother resteth in peace since that violence hath beene offered vnto the ashes of her forefathers and ancestors in Scotland and the Churches either pulled downe or prophaned neither could she hope for a buriall with Catholike rites in England amongst the ancient Kings the ancestors to both of them so that at last her body may rest which conioyned to her soule did neuer rest nor had quiet The second was forasmuch as she feared the secret villanie of many men that she might not be put to death secretly without the knowledge of Queene ELIZABETH but in the presence of her seruants and others who might beare true witnesse of her faith toward Christ her obedience to the Church and the end of her life against the false rumours which her aduersaries might spreade and deuise The third was that her seruants might freely and peaceably depart and might goe whither they would and enioy the legacies she had bequeathed vnto them in her Testament These things she requested very earnestly in the name of Iesus Christ by the soule and memorie of HENRY the seuenth progenitor to them both by the royall honour that she had borne Then she complained that all royall furniture was violently taken away by the commandement of some of her Counsellors and forebodeth that their malice would breake out vnto greater matters And addeth if they had shewen the letters and papers taken away without fraud and sincerely that it would haue plainly appeared that there was no other cause of her death than the too scrupulous care of some men of the securitie of Queene ELIZABETH Lastly she earnestly desired her to write a few words with her owne hand concerning these matters But whether these letters came euer to the hands of Queene ELIZABETH I cannot say But sundry men talked in sundry manners according to their sundry wits of this matter not to speake of the Clergie men of both sides who are for the most part vehement in their opinions There were some plaine and indifferent weighers of matters who thought they dealt very rigorously with her for that she was a free and absolute Princesse aboue whom none had any authoritie but God alone for that she was so very neere of kinne vnto Queene ELIZABETH who also had promised very liberally in the word of a Prince vnto her driuen out of her Realme as soone as she was arriued in England by Henry Middlemore all humanitie courtesie and rights of hospitalitie and yet on the other side had deteined her in prison and had violated the sacred bonds of friendly familiaritie That she could be in no other estate than of one taken in the warre and that all the meanes of getting safetie and libertie is lawfull to them that be taken in the warre That she could not offend in the case of treason in that she was no subiect and the like hath no power ouer the like and that thereupon the iudgement of the Emperour against Robert King of Sicilie was void and of none effect for that he was not subiect vnto the Empire That the Embassadors of Princes if they shall conspire against the King vnto whom they are sent Embassadours are not touched as Traytors much lesse the Princes themselues And that the Affect is not to be punished except the Effect follow And it was neuer heard that a Prince was put to death by the hand of an executioner Moreouer that shee was condemned against the Law of God the Ciuill Law of the Romans and the Lawes of England yea against the first Statute of the Parlament in the XIII yeere of Queene ELIZABETH her selfe in the which it was enacted that none should be arraigned for conspiring against the Queenes life but by the testimonie and oath of two lawfull witnesses to be brought forth face to face against the partie arraigned and in this iudgement no witnesse was produced but shee was oppressed and cast by the testimonie of her Secretaries who were absent Men also disputed of both parts of the credit of seruants men in prison and the testimonie of them of ones houshold And that word of the Emperour Hadrian was commended Credit is to be giuen vnto witnesses and not vnto testimonies These men also to themselues or their assured friends complained that busie fellowes were suborned who by dissimulation counterfeit letters and contriued deuices had cunningly deceiued a woman easie to bee wronged and greedie of libertie spâ—ed out and preuented her purposes and had drawne her into the worser which she had neuer thought on if she hâ—d beene kept with fitting care and such like secret and craftie plotters sent on purpose That it is an ordinarie thing for Courtiers in all ages to vrge and driue them that be hated euen against their will into the crime of Treason and craftily to breed trouble vnto vnwarie Innocence that is once imprâ—soned There were others who thought shee was not a free and absolute but only a Titularie Queene because shee had made a Session and passed away her Kingdome to her sonne and had submitted herselfe vnto the protection of the Queene of England when shee came first into England and as by well doing she had and enioyed the benefit of the Lawes so in doing euill shee might be subiect vnto the equitie of the same lawes according vnto that saying of the Lawyers Hee that offendeth against the Law deserueth not the benefit of the Law Otherwise the condition of a Forraine Prince offending in the Realme of another Prince should be better than the condition of a King reigning well They also thought her to be a Subiect although not Originary yet Temporary for that two absolute Kings as concerning Royall authoritie cannot be at one time in one Kingdome That this is a receiued and ruled opinion of the Lavvyers The King out of his Territorie except it be in a voyage of warre is a priuate man and therefore can neither bestow nor