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
a turbulent spirit and nature casting out threats and terrors of the bloud that was ere long to bee shed in England On the next day the other seuen were drawne vnto the same place but vsed with more mercy by the Queenes commandement who hated the former cruelty for euery one of them hung till they were quite dead before they were cut downe and bowelled Salisbury the first was very penitent and aduised the Catholikes not to attempt the restitution of Religion by force or armes and the same did Dun who was the next Iones protesting that he had disswaded Salisbury from this enterprise and that he vtterly condemned and disliked the haughty and rash spirit of Babington and the purpose of inuasion Charnock and Trauerse fixed wholly to their praiers commended themselues to God and the Saints Gage extolling the bountifull liberality of the Queene toward his father and detesting his owne treacherous ingratitude toward a Princesse so well deseruing Hierom Bellamy who had hidden Babington after he was proclaimed traitor whose brother priuy to the same offence had strangled himselfe in prison ashamed and silent was the last of this company These men being executed Nauus the Frenchman and Curlus the Scot who were Secretaries to the Queene of Scotland being examined about the letters copies of letters and little notes and Ciphers found in the Queenes closet of their owne will acknowledged by their subscriptions that the handwritings were their owne endited by her in French taken by Nauus and turned into English by Curlus Neither did they deny that she receiued letters from Babington and that they wrote backe by her commandement in such a sense as is aforesaid Yet this is certaine out of letters that when Curlus did at this time aske Walsingham for what he promised that Walsingham did reproue him as one forgetfull of an extraordinary grace as that he had not confessed any thing but that hee could not deny when Nauus charged him therewithall to his face The Counsellors of England could not agree what should be done with the Queene of Scotland some thought good that no seuerity was to be vsed against her but to be kept very close as well for that she was not the beginner of this plot but onely made acquainted with it and also for that she was sickly and not like to liue long Others for the securitie of Religion would haue her dispatched out of the way and that by the course of Law Leycester had rather haue it done by poyson and secretly sent a Diuine to Walsingham to shew him that this was lawfull but Walsingham protested that he was so farre from allowing that any violence should be vsed that long agoe hee crossed and broke the aduice of Morton who had perswaded to send her into Scotland that she might be killed in the very borders of both the kingdomes They were moreouer of different opinions by what law or Act they should proceed against her whether out of that of the XXV yeare of Edward the third in which he is a traitor who deuiseth to kill the King or the Queene or moueth warre in the Kingdome or doth adhere vnto his enemies Or whether by that Law or Act of the XXVII yeare oâ— Queene ELIZABETH which is set downe before At length their opinion preuailed who would haue it by this latter law as made for this purpose and therefore to be accommodated thereunto therefore out of that law enacted the former yeare that enquiry might be made and sentence pronounced against them who raised rebellion inuaded the kingdome or attempted to hurt the Queene many of the Priuie Counsell and Noblemen of England were chosen Commissioners by letters Patents which was this after the Lawyers forme and stile ELIZABETH by the grace of God of England France and Ireland Queene Defender of the faith c. To the most Reuerend Father in Christ Iohn Arch-Bishop of Canterbury Primate and Metropolitane of all England and one of our Priuy Counsell And to our beloued and trusty Thomas Bromley Knight Chauncellor of England and another of our Priuie Counsell And also to our welbeloued and trusty William Lord Burghley Lord Treasurer of England another of our Priuy Counsell And also to our most deare cousin William Marquesse of Winchester one of the Lords of the Parlament And to our most deare cousin Edward Earle of Oxford great Chamberlaine of England another of the Lords of the Parlament And also to our most deare cousin George Earle of Shrewsbury Earle Marshall of England another of our Priuy Counsell and to our most deare cousin Henry Earle of Kent another of the Lords of the Parlament And also to our most deare cousin Henry Earle of Darby another of our Priuy Counsell And to our most deare cousin William Earle of Worcester another of the Lords of the Parlament And to our most deare cousin Edward Earle of Rutland another of the Lords of the Parlament And to our most deare cousin Ambrose Earle of Warwicke Master of our Ordnance another of our Priuy Counsell and to our most deare cousin Henry Earle of Pembrooke another of the Lords of the Parlament And also to our most deare cousin Robert Earle of Leicester Master of our horse another of our Priuy Counsell And to our most deare cousin Henry Earle of Lincolne another of the Lords of the Parlament And also to our most deare cousin Antony Vicount Montague another of the Lords of the Parlament And to our welbeloued and trusty Charles Lord Howard our great Admirall of England another of our Priuy Counsell And to our welbeloued and faithfull Henry Lord Hunsdon our Lord Chamberlaine another of our Priuy Counsell And also to our welbeloued and trusty Henry Lord of Aburgeuenny another of the Lords of the Parlament And to our welbeloued and trusty Edward Lord Zouch another of the Lords of the Parlament And also to our welbeloued and trusty Edward Lord Morley another of the Lords of the Parlament And also to our welbeloued and trusty William Lord Cobham Lord Warden of our fiue Ports another of our Priuy Counsell And also to our welbeloued and trusty Edward Lord Stafford another of the Lords of the Parlament And also to oâ—r welbeloued and trusty Arthur Lord Grey of Wilton another of the Lords of the Parlament And also to our welbeloued and trusty Iohn Lord Lumley another of the Lords of the Parlament And also to our welbeloued and trusty Iohn Lord Sturton another of the Lords of the Parlament And to our welbeloued and trusty William Lord Sandes another of the Lords of the Parlament And also to our welbeloued and trusty Henry Lord Wentworth another of the Lords of the Parlament To our welbeloued and trusty Lewis Lord Mordant another of the Lords of the Parlament And to our welbeloued and trusty Iohn Lord St. Iohn of Bletso another of the Lords of the Parlament And also to our welbeloued and trusty Thomas Lord Buckhurst another of our Priuy Counsell And
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
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