was in his iourney with these Letters Dauison was brought into the Star-Chamber before the Commissioners appointed viz. Christopher Wray Lord Chiefe Iustice of the Kings Bench made for that time Lord Keeper of the Priuie Seale the Archbishops of Canterbury and Yorke the Earles of Worcester Cumberland and Lincolne the Lords Gray and Lumley Iames Croft Knight Controller of the Queenes House Sir Walter Mildmay Chancellor of the Exchequer Sir Gilbert Gerrard Master of the Rolles Edmund Anderson Lord Chiefe Iustice of the Common Pleas and Roger Manwood Lord Chiefe Baron of the Exchequer Before these Commissioners Popham the Queenes Atturney charged Dauison with contempt against her Maiestie violation of his faith and neglect of his dutie that whereas the Queene out of her inbred clemencie would not haue the Queene of Scotland though condemned to be put vnto death for causes knowne to her selfe and not to be searched and pried into by others could not be brought thereunto neither by the Estates of the Kingdom nor by her Counsellors earnestly vrging her thereunto neuerthelesse had commanded a Mandate to be made for her execution to preuent dangers that might ensue and had committed it vnto the fidelitie and secrecie of Dauison He being her sworne Secretarie forgetting his trust and dutie and in contempt of her Maiestie contrary vnto which the Queene had commanded had imparted it vnto the Counsellors and put it in execution she being vtterly ignorant thereof Dauison with great modestie and quietly yet with a good courage answered That he was sorie that in a most iust cause of the Queene of Scotland and most weightie iudgement against her if euer there was any that he should trouble againe the Commissioners if not with the losse yet at the least with the impairing of his reputation which hee esteemed aboue all other things but he was most aggreeued that he was charged to haue offended most contemptuously against her Maiestie who the more shee had beene bountifull to him and he more bound for her bountie his offence might seeme more hainous If he should acknowledge himselfe guiltie of the crimes obiected he should wrong his credit which was dearer vnto him than his life If he should contest in his owne defence with the Queene he should doe a thing vnworthy of the obedience of a subiect the dutie of a seruant and the fidelitie of a Secretary He protested before God and the Commissioners That wittingly or willingly hee had done nothing in this thing but that which hee was perswaded in his conscience the Queene willed In the which if he had carried himselfe to doe any hurt either by vnskilfulnesse or by negligence he could not choose but be grieuously sorie and vndergoe willingly the censure of the Commissioners As concerning particulars when the Queene reproued him that he had sealed the Mandatum with the great Seale in such great haste he affirmed That shee insinuated but did not expresly bid him to keepe it to himselfe Neither did he thinke that he committed any fault against the trust of silence put on him since he neuer spake word of this matter but vnto the Priuie Counsellors Vnto that he did not call backe the Mandatum after that the Queene had signified vnto him that shee had changed her minde he affirmed That it was agreed that it should be sent forthwith and execution done lest the Common-wealth or the Queene might take some harme Hereupon Egerton the Solicitor began to presse Dauison out of his owne confession reading a peece thereof but he requested him to reade it all and not this peece and that peece but yet hee had rather it should not be read at all for that therein some seccrets not to be vttered were contained and now and then interrupting him he said That as he would not contest with the Queene so he could not endure that his modestie should be any detriment vnto the truth and his integritie Gaudy and Puckering Sergeants at Law reproued him sharply with many words that craftily hee abused the wisdome of the Counsellors and that out of the confession of Burghley the Treasurer vnto whom doubting whether the Queene had assuredly determined of the execution to be done he affirmed it very earnestly as he did also vnto the rest who set their hands vnto the letters of the manner of the execution Dauison with teares in his eyes required the Lawyers not to presse him so vehemently And wished them to remember that he would not contest with the Queene vnto whose conscience and vnto the censure of the Commissioners hee committed himselfe wholly To conclude by the generall censure of them hee was fined at ten thousand pound and imprisonment at the Queenes pleasure Dauison besought the Commissioners to make intercession vnto the Queene for him not for the honourable place of Secretary which he had or his libertie or for the diminishing of the fine imposed but that he might be restored vnto her fauour which yet hee neuer recouered though she oftentimes releeued his wants So Dauison an honest man without policie and not skilfull in affaires of State was brought as most men thought vpon the Stage amongst the Statesmen to play his part a while in this Tragedie and straight had his disguise pulled off and as if he had failed in the last Act thrust from off the stage and kept long in prison but not without the commiseration of mâ—ny Now I haue told what was publikely done against Dauison but how he excused himselfe priuately take briefly out of his credit and his Apologeticall Narration vnto Walsingham He saith after the departure of the French and Scottish Ambassadors the Queene of her owne minde commanded me to shew vnto her the Mandate of the execution of the sentence against the Queene of Scotland And it being shewen shee willingly signed with her hand and commanded it being thus signed to be sealed with the Great Seale of England and iesting said Signifie this thing vnto Walsingham who was sicke yet I feare much that he will die for sorrow thereof Moreouer she said that the causes of the delaying thereof were lest she should seeme to be thought to be drawn thereunto vpon violence or malice when yet she knew that it was very necessarie Moreouer she blamed Powlet and Drury thâ—t they had not freed her of this care and wished that Walsingham would trie their mindes in this matter On the next day when it was sealed with the Great Seale shee commanded by Killegrew that it should not be done and when I had told her it was alreadie done shee reprehended so much haste insinuating that some wise men thought another way might be taken I answered that the course which was most iust was alwaies the best and most safe But fearing shee would lay the fault vpon me as she laid the death of the Duke of Norfolke vpon Burghley I communicated all the matter vnto Hatton protesting that I would not thrust my selfe into so great a businesse he presently imparted
Lastly that hee gaue aid vnto Herris a Scot and other enemies of the Queene in Scotland This being read the Clerke asked the Duke whether hee were guiltie of these crimes or no He besought that if it were lawfull by the Law he might haue a Lawyer appointed him to defend or pleade his cause Catlin Chiefe Iustice answered that it was not lawfull The Duke said It is meet that I submit my selfe to the opinion of the Iudges but there bee many darke and obscure points in this businesse neither vnderstood I of my arraignment till within this foureteene houres I was kept from bookes now I see I am to fight for my life without weapons Yet I haue heard that a Lawyer was assigned vnto Humfrey Stafford in a case of treason in the reigne of Henry the seuenth Dier chiefe Iustice of the Common pleas answered that a Lawyer was assigned vnto Stafford about the priuilege of the Sanctuarie from whence he was taken away by force and that he answered for himselfe without a Lawyer for the treason The Duke said I must speake this day for my life my goods for my children and that which is most to bee respected for my loyaltie and honestie let honour goe by yet let me aske one question Whether that the enumeration of the crimes must be holden for true in euery part and to which part I must answer Catlin said When the causes be true the enumeration is also to be accounted true I doe desire to be told said the Duke whether euery singular thing bee treason For I haue heard in the cause of the Lord Scroope in the reigne of Henry the fourth As hee would haue said more the Clerke of the Crowne interrupted him speaking aloud Thomas Duke of Norfolke art thou guiltie or not guiltie He said Not guiltie The Clerke asked him againe How wiltthou betried I commend said he my cause to God and to my Peeres The hainousnesse of my crimes woundeth my heart but the benignitie of her Maiestie from whom I could expect no more doth recomfort me and I beseech you my Lord Steward that I may bee dealt withall according to Law and that my memorie which is slipperie may not be opprest with the confused varietie of things That I haue you my Peeres and Iudges I acknowledge my selfe happy for vnto many of your integrities I would willingly commit my life I trusting vnto mine innocencie did not flie but yet I cannot but ingenuosly confesse that I haue transgressed against the Queene but in no treason I beseech you let not those things of smaller moment be put amongst the other of treason Then said Barham the Queenes Serieant at law The crimes of treason whereof thou art indicted are these Thou didst deuise to depriue the Queene of her Realme and of her life Thou didst intend to marrie with the Queene of Scotland Thou didst send for forraine power to inuade the Realme Thou gauest maintenance vnto the Rebels and didst helpe the Scots enemies to the Queene The Duke interrupted him saying Barham I pray you doe not aggrauate the matter with words in obiecting the mariage and other things which be not treason Barham turning to the Noblemen vrged the matter saying He that would marrie her that claimeth the Kingdome the same man desireth and seeketh after the Kingdome but this the Duke began when he was one of the Commissioners at Yorke to heare the cause of the Queene of Scotland at which time hee was sworne to weigh indifferently and vprightly the accusations and defences on both sides The Duke said That cause hath sundry parts which bee without the compasse of treason The Steward of England bade the Duke not to vse such digressions from the purpose who when Barham still vrged it with a loud voice hee acknowledged that the Queene of Scotland had claimed the Realme of England as due to her but that shee had giuen ouer the claime long since Barham to the contrarie shewed how she had not left off the claime because she had not yet made a release or renunciation thereof and hee accused the Duke hainously that he taught the Delegates of Scotland what to say and this out of the confession of the Bishop of Rosse The Duke confessed that Lidington moued the mariage vnto him and that hee refused it and that hee told them nothing and requested that the Bishop of Rosse might be produced before him Then did Barham prosecute at large many things which I haue mentioned before to proue that the Duke did vnmeasurably desire the Kingdome and stood much vpon this point What other thing could the Duke propose vnto himselfe in his minde without the priuitie of the Queene to marrie the Queene of Scotland a woman without goods without Kingdome her sonne being now established in the Realme of Scotland but that hee might get by her meanes or right the Kingdome of England and consequently depriue the Queene of her life and Kingdome The Duke said These things are farre fetcht to conuince me to haue imagined the depriuation and destruction of the Queene I will come neerer said Barham It is not vnknowne that you deuised with others to surprize the Tower of London which is the chiefest hold of England so that it is of necessitie that you then compassed the destruction of the Queene since Kingdomes cannot endure to haue a partner The Duke denied not that one Hopton put into his head the surprizing of the Tower yet that he reiected the same Why then said Barham didst thou aske the Earle of Pembrookes aduice who disswaded thee Barham went on and vrged him that when the Queene requested of the Infant King of Scotland certaine Castles and the English Rebels out of Scotland to bee deliuered the Duke secretly willed the Scots not to consent thereunto He accused him also that he attempted priuily to steale away the Queene of Scotland out of prison And this was after hee had solemnly promised to meddle or deale with her no more Then Candish was brought in witnesse against him that the Duke had a resolute purpose to marrie her and that hee asked him if hee could draw his Vncle to his side if Queene Elizabeth died The Duke vtterly denied these things and reiected his testimonie as of a needy man and a childish witnesse Moreouer it was shewed that the Duke sent secretly his man to the Earles of Northumberland and Westmerland to aduise them not to rise in rebellion as a thing that would proue very dangerous Also the letters of the Queene of Scotland were shewed wherein shee lamented that Northumberland was intercepted before hee was ready to rise For this flying newes was brought to her perchance of set purpose To these things the Duke answered These reasons doe not probably proue that he compassed the destruction of the Queene and that nothing yet brought against him was of any moment but onely the testimonie of the Bishop of Rosse neither was this to be receiued since he was a forrainer
by the superfluous priuilege of a Royall Estate which can be now of no vse make your appearance for a triall shew your innocency lest by searching of euasions you draw vpon your selfe suspicion and purchase a perpetuall blemish of your reputation I doe not refuse said she to answer in a full Parlament before the Estates of the kingdome lawfully called so that I may be declared next in succession Yea and before the Queene and her Counsellors so that my protestation may be admitted and I may bee acknowledged the next kinswoman of the Queene In plaine termes I will not submit my selfe vnto the iudgement of mine aduersaries by whom I know all the defence I can make of mine innocency will not be allowed and receiued The Chancellor asked her if she would answer if her protestation were admitted She answered I will neuer submit me to the new law mâ—ntioned in the letters Patents Hereupon the Treasurer 〈…〉 Yet we will proceed to morrow though you be absent and continue obstinate in the cause She said Search and examine your consciences haue regard to your honour God will requite you and your heires for your iudgement vpon me On the next day being the fourteenth day of October she sent for some of the Commissioners and requested that the protestation might bee admitted and allowed The Treasurer asked her whether shee would come to triall if the protostation were onely receiued and put into writing without allowance At length she condescended yet with an euill will lest shee as she said might seeme to derogate from her predecessors or successors but that shee was much desirous to cleare the crime obiected being perswaded by the reasons of Hatton which she had better thought on Forthwith met and assembled in the Chamber of presence the Commissioners that were present There was a chaire of Estate set vnder a Canopy in the vpper part of the Chamber for the Queene of England Against it lower and further off neere vnto the railes a Chaire for the Queene of Scotland hard to the walls on both sides benches or formes on the which on the one side sate the Chancellor of England the Treasurer of England the Earles of Oxford Kent Darby Worcester Rutland Cumberland Warwicke Penbroke Lincolne and Vicount Mountacute On the other side the Lords Aburgeuenny Zouch Morley Stafford Grey Lumley Sturton Sandes Wentworth Mordant Saint Iohn of Bletso Compton and Cheiney Next to them sate the Knights of the Priuy Counsell as Iames Croft Christopher Hatton Francis Walsingham Ralph Sadleir Walter Mildmay and Amias Powlet Forward before the Earles sate the two chiefe Iustices and the chiefe Baron of the Exchequer on the other side two Barons and other Iustices Dale and Ford Doctors of the Ciuill law at a little table in the middle sate Popham the Queenes Atturny Egerton the Sollicitor Gaudie the Queenes Serieant at law the Clarke of the Crowne and two Clarkes When she was come and had set her selfe in her seat silence being made Bromly the Chancellor turning to her made a short speech to this purpose The most high and mighty Queene of England being certified to her great griefe and anguish of minde that you haue plotted both the destruction of her and of England and also of Religion according to the duty due vnto God her selfe and people in the which lest she should faile and out of no malice of minde hath appointed these Commissioners who may heare what things are obiected against you and how you can cleare your selfe from the crimes laid against you and shew your innocency She arising vp said that she came into England to seeke and request aid which was promised her neuerthelesse that shee was deteined in prison euer since that time Shee protested that she was not subiect to the Queene but was a free and absolute Queene neither was to be forced or compelled to be brought in or tried before the Commissioners or any other Iudge for any cause whatsoeuer but only God alone the Soueraigne Iudge of all lest that she should doe wrong and iniury vnto her owne Royall Maiesty her Sonne the King of Scotland her Successors or any other absolute Princes But now she was there in person to refell the crimes obiected against her And she requested her friends or seruants to witnesse these things The Chancellor not acknowledging that helpe was promised answered That this protestation was to no purpose for that whosoeuer of whatsoeuer ranke or estate he were in England did offend against the lawes of England may be made subiect to the same and may be examined and iudged by the late new law And that therefore that protestation made to the preiudice of the lawes and of the Queene of England was not to be admitted Yet the Commissioners commanded as well her protestation as the answer of the Chancellor to be recorded Then the letters Patents which as I haue often said were founded vpon the Act of Parlament being read aloud she with a great courage made a protestation against that Act as made directly and purposely against her and in this matter put it to their conscience And when the Treasurer answered that euery man in this Realme was bound to the obseruation of the lawes though neuer so lately made and that shee might not speake in disgrace of the lawes and that the Commissioners would iudge by vertue of that law whatsoeuer protestations or appellations she made At length she said shee was ready and prepared to answer of any act whatsoeuer done against the Queene of England Then Gawdy expounded and made plaine the Act in euery point and affirmed that shee had offended against the same and then he made an Historicall Narration of Babingtons conspiracy and concluded that she knew of it allowed it promised helpe and shewed the waies and the meanes She with an vndanted courage answered that she knew not Babington neuer receiued letters from him nor neuer wrote vnto him neuer plotted the destruction of the Queene And that to proue it effectually the subscription vnder her owne hand was to be produced She neuer heard so much as any man speake it that she knew not Ballard neuer maintained him but that shee had heard that the Catholikes were much agrieued with many things and that she certified the Queene therewith in her letters and had earnestly desired her to haue pitty of them And that many vtterly to her vnknowne had offered their seruice vnto her yet that she neuer moued any to any wickednesse and that she being shut vp in prison could neither know nor hinder the things which they attempted Vpon this out of the confession of Babington shee was vrged that there passed an entercourse of letters betweene her and Babington She acknowledged that she had speech with many by letters neuerthelesse it could not be gathered thereby that shee knew of all their naughty practises She requested that a subscription with her owne hand might be produced and she asked who could haue harme by it
receiued him and conueyed him vnto Burnham three miles from Windsor where the Queene then lay Foure daies after the Abbot of Dunfermelling deliuered the letters of Murrey Regent of Scotland vnto the Queene in which hee shewed her that the Duke dealt with him secretly at Hampton Court to fauour his mariage with the Queene of Scotland and that if hee would not he threatned him exceedingly and that hee promised to fauour it that he might preuent and auoid the await ambuscado laid by one Norton to kill him from whom and others the Duke gaue his word hee should returne without danger And that shortly after the Duke requested him by his letters written in Ciphers to giue his consent vnto the mariage Moreouer that the Duke did signifie vnto him by Boyd that hee would neuer forsake and abandon the Queene of Scotland and further that the agents of the same Queene had almost perswaded the Râ—gent that Queene ELIZABETH had consented to the mariage and also that she had offered to her the hope of the Kingdome of England And Queene ELIZABETH also found out that shee had signified vnto certaine Noblemen of England to winne them vnto her side that shee went about that businesse which would bee very necessary for the most certaine securitie of the Queene of England and the like safetie for both the Kingdomes The Duke who had secret and warie commerce of letters which were sent priuily in Ale-bottles with the Bishop of Rosse Leicester and Throgmorton was about this time examined about this mariage with the Queene of Scotland and his secret conferences with the Bishop of Rosse and confessed most things was sent to the Tower of London vnder the keeping of Sir Henry Neuill Knight being bitterly reproued that hee had departed from the Court without leaue obtained and charged as though he had intended to rebell Two daies after the Bishop of Rosse was examined in like manner and Robert Ridolph the Gentleman of Florence whom the Bishop of Rosse others vsed familiarly is deliuered vnto the custodie of Francis Walsingham The Earle of Pâ—mbrooke is commanded to keepe his house and is priuately examined yet in regard of his Nobilitie and old age hee had the fauour that his examination was not set downe in writing Which thing he required because he could not write Some Noblemen were forbidden the Court as priuie to these matters who humbly confessed that they with the Duke agreed to the mariage which Murrey had first propounded yet so that the Duke the Queene of Scotland and they willed that the matter should bee referred vnto the Queene before the mariage was to be solemnized and desired pardon for their offence In like manner the Earles of Northumberland and Westmerland who were of this counsell submitted themselues vnto Sussex Lord President of the North and besought him to make intercession vnto the Queene for their pardon Also sundry Pamphlets came out against this mariage and against the Queene of Scotland and the right by which shee claimed to become heire vnto England wherein they shewed their wits with such malapert saucinesse that the Queene thought once to haue forbidden them by seuere edict and permitted the Bishop of Rosse winking thereat to make answer who forthwith set forth a booke vnder the name of Morgan Philips against them wherein hee defended the honour of his Queene her right to succeed and the gouernment of women for this also was impugned but ingenuously acknowledged afterward in his Commentaries that he had his arguments for her right of succession secretly from Anthonie Browne chiefe Iustice in the common Place and Carrell an excellent good common Lawyer Shortly after befell the rebellion in the North raised by the Earles of Northumberland and Westmerland with many other Gentlemen Who when they vnderstood for certaine that the Queene of Scotland whom to set at libertie they had principally taken armes was caried away from Tutburie vnto Couentrie vnder the keeping of the Earles of Shrewsburie and Huntingdon and also moued with the great preparation of the Queene they with a few others fled into Scotland Anno 1570. THe rebellion in England being now quenched Murrey Regent of Scotland laboured diligently that the Queene of Scotland might be deliuered into his hands and for that cause he both offered hostages and also to restore vnto them the Earles of Northumberland and Westmerland and brought to passe that the Bishop of Rosse as the kindler of the rebellion was committed vnto the custodie of the Bishop of London Then to purchase the good will of Queene ELIZABETH in the moneth of Ianuarie he came with an armie into the borders of Scotland towards England to hunt out the English rebels of whom he tooke a few and those of small account but at last hee found the Earle of Northumberland lurking about Hartlawe amongst the theeues on the borders discouered by his host one of the Grayhams who betraied him and sent him vnto Lochleuin to be kept and in this iourney he annoied and spoiled the borders exceedingly But in the same moneth after hee had taken great paines and thought himselfe in great securitie he was shot from out of a priuie place thorow the body a little beneath the nauell with a Bullet as he rode thorow the streets of Lithquo by one Hamilton who escaped by and by into France and liued certaine yeeres after oftentimes protesting that he did it to reueâ—ge himselfe of a priuate grudge against him hee not being able to endure patiently the iniuries he offered vnto him For Murrey had banished the fellow for that hee had stood for the Queene and imprisoned him threatning now and then to hang him vntill he resigned and gaue away vnto a seruant oâ— Murrey a littleground which came to him by his wife whereupon his wife fell mad and in a furious rage he brake prison and committed the murder Neither could the man after bee perswaded in France when he seemed to be a man fit for a desperate action to attempt the same against the Admirall Coligni oftentimes saying that he was the reuenger of his owne iust griefe for which he was sorie but he would not be the reuenger of another mans neither for gold nor request Hereupon was there much talke of the Regent that was slaine thorow all Britaine The most wondering at vaine matters namely the dreame of his mother of the Lion and the Dragon fighting in her wombe after that King Iames the fifth had had his pleasure on her Among the wiser sort according to their partiall affections commended he was by some for destroying the Romane Religion in Scotland the conseruation of the King a childe the equall administration of iustice and his munificence and liberalitie toward learned men and Bâ—chanan aboue the rest On the other side he was reproued by others as though he tooke religion for a cloake and enriched himselfe and his friends with the spoiles of the Church and how hee was not onely iniurious but also
citing the authoritie of Bracton the most learned Lawyer of our Land that he neuer made such reckoning of Northumberland and Westmerland that hee would put his life into their hands he relied he said and trusted so much vnto his innocencie that hee had neuer so much as a thought to flie Gerard the Queenes Atturney said It is most apparant that he did purposely intend to marrie the Queene of Scotland to worke the Queenes destruction It is also apparant that he did aduisedly consult of inuading the Realme by the letters vnto the Pope the King of Spaine and the Duke of Alba. All his dealings with Ridolph are now well knowne by the secret Ciphers and Charactericall notes hidden vnder the tiles of Howard house also by the letters which hee commanded to bee burned found in the Matts in the entrie of the chamber and all these things may bee proued out of the examinations of them who were not terrified with torments nor attainted of treason To these matters the Duke said Of the consultations of the Pope and the King of Spaine I was neither author nor fautor yea I alwaies disliked them Let them bee punished that committed the fault and let them not charge mee to excuse themselues Furthermore Gerard accused the Duke that hee talked with Ridolph of the landing of ten thousand Souldiers out of Flanders at Harwich a Hauen in Essex and this out of the examination of Barker And also that letters were written and sent by Ridolph vnto the King of Spaine and the Duke of Alba vnto which although the Duke did not subscribe yet that hee sent by the counsell of Rosse Barker his Secretarie vnto the Spanish Embassadour who should assure them that they were his very letters The Duke said My memorie faileth me neither can it call to minde such intricate varietie of matters You Lawyers haue your briefe notes I am put to answer ex tempore This is also improbable that I should deale with the Pope vnto whose Religion I was alwaies an aduersarie I had rather be pulled in peeces by horses than reuolt from the Religion I professe The situation of Harwich doth easily confute all this accusation Who seeth not how hard a matter it is to bring an armie thorow that Countrie which is all enclosed and most troublesome with narrow waies If I had imagined to make warre against my Prince I should doubtlesse haue furnished my selfe with Armour but in these whole ten yeeres I haue not bought any more than eight Corslets and no Gun-powder at all I would neuer haue committed such letters vnto Barkers fidelitie but rather vnto Banister whom I esteemed aboue many Barkers Now were brought forth the letters of the Bishop of Rosse sent out of prison vnto the Queene of Scotland and intercepted out of which the former things were confirmed The Duke required to see the letters for he seemed to doubt that they were counterfeit But the Lord Steward said Doubt not they bee written with Rosses owne hand Another short letter written with Oker by the Duke commanding his man to burne a bundle of letters hidden in a certaine place and to lay the fault vpon Rosse who might easily auoid the Law by the priuilege of an Embassadour was also shewed To these letters the Duke said I being certified that it was diuulged amongst the common people that I had accused many I answered in that short letter and when I saw all places to be narrowly searched I commanded that bundle to be burned that I might keepe many men from trouble Bromley the Queenes Sollicitor shewed the letters of Ridolph wherein hee signified that the Duke of Alba approued their purpose and also the Popes letters vnto the Duke dated the tenth day of May. Then Wilbraham made an cloquent speech of the credit of the testimonies of the Bishop of Rosse and of the Dukes seruants Vnto which the Duke said I haue not the skill to refell so polished and ornate a speech yet the Orator as skilfull as be is for all that left out what the force of feare is which oftentimes quaileth and dauntoth a good courage and againe he commended and vrged Bracton against the credit of forraine witnesses Catlin chiefe Iustice made answer In such causes as these the testimonies of forrainers are allowable and that it was in the will of the Peeres to giue credit or disallow such testimonies Now they were come to proue that the Duke had releeued the Rebels after they were fled which appeared out of the letters of the Countesse of Northumberland in which she gaue thanks to the Duke for the money secretly sent vnto her and her husband As concerning the last obiection about the releeuing the Scots enemies to the Queene was proued out of the Dukes letters to Banister out of the confession of Banister and the money deliuered vnto Browne of Shrewsburie Here the Duke asked the Iudges Whether the subiects of another Prince confederate with the Queene may bee accounted enemies to the Queene Catlin answered they might and that the Queene of England may make warre with some Duke of France and yet at the same time be in amitie with the King of France When now it drew toward night the Lord Steward asked the Duke what hee had more to say for himselfe He answered I put my trust in the equitie of the Lawes The Lord Steward commanded the Lieutenant of the Tower to take the Duke aside and then silence being made he turned vnto the Peeres and said You haue heard how Thomas Duke of Norfolke hath beene indited of high treason who hath pleaded not guiltie and put himselfe vnto God and to you therefore it is your part to consider among you whether he be guiltie or no and to declare your opinion according to your conscience and vpon your honour and withall he bade them to goe aside and to consult one with another After a little time they returned vnto their places Then the Steward beginning at the lowest said My Lord De La-ware is Thomas Duke of Norfolke guiltie of the crimes of high treason whereof he is indited or not guiltie He rising vp laying his hand on his breast said Guiltie In like manner were each one asked in their order Then was the Duke brought againe to the Barre vnto whom the Lord Steward spake in this manner Thomas Duke of Norfolke thou hast beene indited of sundry high treasons and put thy selfe to bee tried by God and thy Peeres who haue found thee guiltie hast thou any thing to say why iudgement should not be given against thee Hee answered The will of God who will iudge betweene mee and my false accusers be done All men now keeping silence the edge of the Axe was turned towards him Then Barham for the Queene requested the Lord Steward to giue iudgement which he weeping did in these formall words Forasmuch as thou Thomas Duke of Norfolke hast beene indited of high treason and hast pleaded not guiltie and hast put thy selfe
serious consultation among the Councell of England and most of them were content that shee should bee deliuered vpon these conditions To wit 1 That she and her sonne should promise to practise nothing hurtfull to Queene ELIZABETH and the Realme of England 2 That she should voluntarily confesse that whatsoeuer was done by Francis the second the French King her husband against Queene ELIZABETH was done against her will and that shee should vtterly disallow the same as vniust by confirming the treatie of Edenburgh 3 That shee should condemne all the practises euer since that time and ingenuously renounce them 4 She should binde her selfe not to practise any thing directly or indirectly against the gouernment of the Realme of England in Ecclesiasticall or Ciuill affaires but by all manner of meanes oppose her selfe and resist such practisers as publike enemies 5 That shee shall challenge or claime no right vnto her selfe in the Kingdome of England during the life of Queene ELIZABETH and that afterward shee will submit her right of succession vnto the Estates of England 6 And to the end shee may not hereafter vse any cauill and say That she condescended to these conditions being a prisoner and by coaction shee her selfe should not onely sweare vnto them but also procure the Estates of Scotland to confirme them by publike authoritie 7 The King himselfe also should ratifie them by oath and by writing 8 And that hostages should be giuen As for the consociation with her sonne in the administration of affaires it was thought fit that the Queene of England should not interpose her selfe but this they referred to the King of Scotland himselfe and the Estates of Scotland But if they were ioined together that they should talke about the league with them iointly if not by themselues These things were consulted of but with no successe For the Scots of the English faction vtterly reiected them crying amaine that many Scots deadly enemies to the English Nation were called out of France by the counsell of the Queene of Scotland And that Holt an English Iesuit was sent secretly into Scotland to take order for the inuading of England The French Embassadours which went into Scotland not obtaining that they came for departed whereupon the Noblemen that had surprized the King grew haughtie in minde as also for that Lennox died at that time which putting them into securitie the King contrary to their expectation disdaining to be vnder the gouernment of three Earles recouered his libertie went to the Castle of Saint Andrewes and with good words willed many of the surprizers to depart from the Court to auoid any stirre and promised them pardon if they would aske it within a certaine time which thing Gowry onely did and called Arran backe to the Court but they were so farre off from doing of that as they secretly practised to take him suddenly againe Hereupon they were commanded to depart out of the Realme by a day appointed Marre Glamis the Commendators of Dryburg and Paslet and others went into Ireland Boyd Zester-Weim Locheluin went into the Low-Countries and Dunfermellin went into France Angus was confined into Angus onely Gowry hauing a new plot in his head tarried after the time prefixed to his owne destruction And then the King to shew himselfe a Prince began to exercise his Regall authoritie And whereas these Conspirators in an assembly called by their owne priuate authoritie had enacted and recorded That this surprize of the King was iust he on the contrary part declared in a great assembly of the Estates that the same was traiterous Although the Ministers as if they were the supreme Iudges in the Realme in a Synod called by their owne authoritie pronounced the same to bee iust and iudged all them that did not approue and allow the same worthy to be excommunicate Anno 1584. IN the beginning of the Spring some of the Scots returned out of Ireland vpon a pact made betweene them and Gowry who had conspired anew with diuers to take the King againe professing that they set before their eies nothing else but the glory of God the truth of Religion the securitie of the King and Realme and the amitie with England against them who by sinister meanes as they gaue out abused the King not yet come vnto sufficient age But the King hearing hereof sent Colonell Stewart to apprehend Gowry who lay at the Hauen of Dondee as if hee had beene going out of the land who after hee had defended himselfe an houre or two in his house was taken and carried away vnto prison In the meane time the other Conspirators tooke Sterling by sudden surprize and the Castle was yeelded vnto them yet by and by they leaue them both because the King displaied his banners as ready to fight not so many met as Gowry had promised and their hope of English helpe failed them and so for feare Marre Glamis and Angus who was come to them and others fled into England humbly beseeching the Queene to releeue their necessities and to intreat the King for them Forasmuch as they had lost all their goods and the Kings fauour for shewing their loue to her and England vnto whom shee thought good to shew some fauour that they might bee opposed against the contrary faction in Scotland and the rather for that the Ministers bruted that the King was vpon the point to fall from his Religion vpon no other ground though they fained other matters but for that hee vpon a fiâ—all loue inclined to his mother and receiued into his especiall fauour and grace those whom he knew to bee most addicted vnto his mother In the meane time Gowry was arraigned before his Peeres at Sterling vpon these points That he intended and began a new conspiracie against the King whom he had also kept prisoner in his house beforetime That he conferred by night with the seruants of Angus to seize vpon Perth and Sterling That he had resisted the Kings authoritie at Dondee had conceiued a conspiracie against the life of the King and his mother Lastly that he had asked counsell of Maclena the Witch and being found guiltie by his Peeres he was in the euening beheaded but his seruants sowing the head vnto the body buried it incontinently About the same time were some practises in England but with no successe in the behalfe of the Q of Scotland of which the chiefest was Francis Throgmorton eldest sonne to Iohn Throgmorton Iustice of Chester who fell into suspicion out of his letters vnto the Queene of Scotland which were intercepted As sonne as hee was taken and began to confesse some things Thomas Lord Paget and Charles Arundel a Courtier fled out of the land into France who with other Papists lamenting their estate among themselues complained that the Queene by the wicked and craftie dealings of Leicester and Walsingham was estranged from them That they were abused with contumelies and reproaches That strange kinds of subtiltie were inuen ted against them
to our welbeloued and trusty Henry Lord Compton another of the Lords of the Parlament And also to our welbeloued and trustie Henry Lord Cheney another of the Lords of the Parlament To our welbeloued and trusty Francis Knolles Knight Treasurer of our houshold another of our Priuy Counsell And also to our welbeloued and trusty Iames Crofts Knight Controller of our said houshold another of our Priuy Counsell To our beloued and trusty Christopher Hatton Knight our vice-Chamberlaine another of our Priuy Counsell And also to our trusty and welbâ—loued Francis Walsingham Knight one of our chiefe Secretaries another of our Priuy Counsell And also vnto our trusty and welbeloued William Dauison Esquier another of our principall Secretaries of our Priuy Counsell And to our trusty and welbeloued Ralph Sadleir Knight Chauncellor of our Dutchy of Lancaster another of our Priuy Counsell And also to our trusty and welbeloued Walter Mildmay Knight Chauncellor of our Exchequer another of our Priuy Counsell And to our trusty and beloued Amyas Powlet Knight Captaine of the I le of Iersey another of our Priuy Counsell And to our trusty and welbeloued Iohn Wolley Eâ—quire our Secretary for the Latine tongue another of our Priuy Counsell And also to our trusty and welbeloued Christopher Wâ—ay Knight chiefe Iustice of the Kings Bench And to our trusty and welbeloued Edmund Anderson Knight Chiefe Iustice of the Common Bench Roger Manwood Knight Chiefe Baron of our Exchequer Thomas Gawdy Knight one of our Iustices of the Kings Bench And William Peryam one of the Iustices of our Bench Greeting c. And not to set it downe verbatim After the recapitulation of the Act made the last yeere these words follow When after the end of the Session of Parlament viz after the first day of Iune in the XXVII yeare of our reigne diuers things haue beene compassed and deuised tending to the hurt of our Royall Person as well by Mary daughter and heire of Iames the fift lately King of Scotland and commonly called Queene of Scotland and Dowager of France pretending title vnto the Crowne of this Realme of England as by diuers other persons with the priuity of the same Mary as it is giuen vs to vnderstand and for that we intend and determine that the said Act should be executed rightly and effectually in all things and by all things according to the tenour of the said Act and that all the offences aforesaid in the aforesaid Act as it is said mentioned and the circumstances of the same should be examined and sentence and iudgement thereupon giuen according to the tenor and effect of the said Act We giue vnto you and to the greater part of you full and ample power faculty and authority according to the tenour of the said Act to examine all and singular things compassed and deuised tending to the hurt of our Royall Person with the priuity of the said Mary and all the circumstances of the same and all the aforesaid offences whatsoeuer mentioned in the said Act as it is said and all circumstances of the same offences and of euery one of them And moreouer according to the tenour of the said Act to giue sentence and iudgement euen as the matter shall appeare vnto you vpon good proofe And therefore we command you to proceed diligently vpon the aforesaid things in the forme aforesaid at certaine daies and places which you or the greater part of you shall appoint and prouide for this purpose c. The most of these came to Fodringhay Castle in Northamptonshire on the xj day of October where the Queene of Scotland was then kept On the next day the Commissioners sent vnto her Sir Walter Mildmay Sir Amyas Powlet and Edward Barker a publike Notary who deliuered into her hands the letters of Queene ELIZABETH which when she had read ouer she with a Princely countenance and quiet minde said I am much aggrieued that the Queene my most deare sister is wrong informed of me and that I who haue so straitly beene kept so many yeeres and being now lame after I haue offered so many equall and faire conditions for my liberty haue laine so long time neglected Although I haue fully forewarned her of many dangers yet I was not beleeued but was alwaies despised although I am most neere to her in bloud When the Association was made and when it was confirmed in the Parlament I foresaw that whatsoeuer danger befell either by forraine Princes abroad or any harebraine fellowes at home or for the cause of Religion I should pay deare for the same I hauing so many deadly enemies at the Court I may take it in euill part and I haue cause for it that a league was made with my sonne without my priuity or knowledge but such like things I pretermit But to come vnto these letters It seemeth strange vnto me that the Queene commandeth me as if I were her subiect to come vnto a triall I am an absolute Queene neither will I doe or commit any thing which may empaire or wrong the Royall Maiestie of Kings and Princes of my place and ranke or my sonne My minde is not so deiected neither will I yeeld and sinke downe vnder calamity I referre my selfe vnto those things which I protested before Bromly and the Lord De la Ware The lawes and statutes of England are to me vtterly vnknowne I am destitute of counsellours I tell you plaine I know not who may be my Peeres my papers and notes of remembrances are taken from me there is none that dare pleade or speake in my cause I am free from all offence against the Queene neither am I to be called in question but vpon mine owne word or writing which can neuer be brought against me But yet I cannot deny but that I haue commended my selfe and my cause to forraine Princes On the next day returned vnto her in the name of the Commissioners Powlet and Barker who shewed this answer put into writing and they asked her if she persisted in the same After she had heard it distinctly read she commended it as truly and rightly conceiued and said she would persist in the same But said she I did not remember one thing which I wish may be put in Whâ—reas the Queene hath written I am subiect and liable vnto the lawes of England and am to be iudged by them because I liued vnder the protection of them I answer That I came into England to aske and craue aid and helpe from which time I haue beene kept and deteined in prison and could not enioy the protection and benefit of the lawes of England and hitherto I could not vnderstand by any body what the lawes of England were In the afternoone many chosen out of the Commissioners with men skilfull in the Canon and Ciuill lawes came vnto her but the Chancellor and the Treasurer declared their authority out of the letters patents and shewed her that neither captiuity nor the prerogatiue of