body able to discharge the most weightie matters of Estate But this is most certaine that the Earle of Athold Tullibardin and Lidington who were also of their counsell did will her to subscribe vnto the Letters Patents of the resignation that she might auoid death assuredly intended and that this would be no wrong nor barre to the prisoner or her heires forasmuch as prison is a iust feare and a promise made by a prisoner by the opinion of the Lawyers is of no force and vtterly void And that Nicholas Throgmorton did perswade her to the same by a schedule written with his owne hand whom she also requested to signifie vnto the Queene of England that she had subscribed by coaction and against her will Moreouer that Lindsey when he brought the Letters Patents of the Cession to bee subscribed threatned her with death and draue her by force to subscribe vnto it which shee neuer read the teares running downe from her eies And that the Lord of the Castle of Lochleuyn refused to subsigne it as a witnesse because he saw and knew for certaine that shee subscribed against her will Also that resignation and renunciation is most vniust in which nothing is assigned vnto her whereon shee may liue nor libertie granted nor securitie of life promised So that to men of indifferencie such like vniust resignation cannot seeme to preiudice her royall Maiestie which as soone as she was free at libertie openly declared she did it by compulsion making a Declaratorie thereof before many Noblemen of the Realme Neither ought those things which they brag they did by the authoritie of Parlament be any preiudice vnto the Queene for where in the Parlaments of Scotland about an hundred Earles Bishops and Barons haue their voices in this tumultuarie Parlament there were present no more but foure Earles one Bishop onely one or two Abbots and six Barons and of that small number some did put in a protestation that nothing should be done to the wrong of the Queene or her successors because she was a captiue Neither were the Embassadors of England nor France admitted to know of her whether she resigned her Kingdome voluntarily although they made earnest suit sundry times And that it is so vntrue that the vsurping Regent hath iustly administred the Common-wealth it is most apparant that impietie did neuer reigne more and with lesse controlment in throwing downe Churches ruinating worshipfull families and afflicting the miserable commonaltie Therefore they request earnestly that the Queene of England would speedily helpe the Queene her Cousin most vniustly and vilely oppressed with her fauour aduice helpe and assistance Thus much out of the originall copies of the Commissioners written with their owne hands which I haue seene When the English Commissioners had heard these things they required that Murrey should produce and proue more sound causes of this great seueritie vsed against an absolute Queene Forasmuch as whatsoeuer had beene hitherto shewed was not strengthened with witnesse but with letters of small credit and Lidington had insinuated that hee had oftentimes counterfeited the Queenes hand He refused to accuse his sister any further before strangers except the Queene of England did repromise to vndertake the protection of the Infant King and vtterly to relinquish the Queene of Scotland When they by the authoritie of their Commission could not promise it one or two of either part are sent for vnto London vnto whom Queene ELIZABETH declared That shee could not yet cleere the subiects from fault against their Princesse yet that shee would intreat her for them and heare if they had any thing else to say for their excuse Murrey who followed them in plaine termes refused to accuse his sister but vpon the condition he had spoken of at Yorke Then were the Commissioners called backe and put out of Commission the Duke being glad at his heart who had alwaies fauoured the Queene of Scotlands right in the matter of succession and thought that all this doing was nothing but to brand her with the marke of eternall infamie and thereupon to exclude her as an vnworthy person with her little sonne of all her right of succession in England And hee thought hee had thereby escaped two perils for he feared if he had pronounced against her hee should doe against his conscience and vndoe her for euer and if hee spake for her lest hee should incurre the implacable indignation of the Queene and the hate of all them that loued her not for Religions sake But whereas at that time the affaires of Scotland were much troubled by the friends of the expulsed Queene and the presence of Murrey was needfull there he began his accusation before the Queene Bacon Keeper of the great Seale the Duke of Norfolke the Earles of Arundell Sussex and Leicester Clinton Lord Admirall William Cecill and Ralph Sadleir Commissioners appointed by new Letters Patents and produced Articles standing vpon coniectures the testimonies of some men and the decrees made in the Parlament but especially certaine amatorie Epistles and Verses written as he said with the Queenes hand to proue her priuie to the death of her husband and Buchanans booke called the Detection hee gaue them to reade which was of small credit with the greater part of the Commissioners because hee was one of that side and wonne by money to write But as for the Epistles and Verses which wanted names subscriptions and notation of the time since that there bee euery where many forgers which can so cunningly imitate and counterfeit other mens hands that hardly the true can be knowne from the false Queene ELIZABETH gaue small credit though there was womanly priuie hatred which carrieth away that sex farre from the right betweene them and shee was well content that some blot of reproach by this accusation was left and remained on the Queene of Scotland But when her Commissioners heard that shee was contumeliously accused by Murrey they were most ready to answer but shee being secretly instructed by many English Lawyers that it was lawfull so to doe forasmuch as the former authoritie and Commission giuen to the Duke and others was abrogated had already taken away their Commission and shee in plaine termes refused the new English Commissioners of whom one or two shee thought to wish her no good but rather ill except the French and Spanish Embassadors might be added vnto them and she herselfe might be publikely admitted to defend her innocencie before the Queene and Murrey detained and brought to triall whom she affirmed might be proued to bee the contriuer of the murder of DARLY Which things when Norfolke Arundell Sussex Leicester and Clinton thought not to be vniust Queene Elizabeth somewhat angry said openly that the Scottish woman should neuer want an Aduocate as long as Norfolke liued and thought it enough to impart the crimes obiected by Murrey vnto euery one of the priuie Councell and also vnto the Earles of Northumberland Westmerland Shrewsburie Worcester Huntington and
the Queene of England lest some hurt did come vnto her and the Duke for want thereof which shee had experimented in the mariage with DARLY without her consent Yet they thought best to trie first the mindes of more Noblemen of whom most gaue their consent with this clause So that the Queene was not against it Neither did the Kings of France and Spaine dislike it onely they feared Murrey lest hee that had first broached the matter and promised to further it all that hee could should first hinder it Yet they agreed on this that Lidington who was then expected should bee the first to trie the minde of Queene ELIZABETH In the meane time the Duke imparted to the Lord Lumley whatsoeuer had beene done in this businesse and with much adoe obtained of Leicester to aske the aduice of some other friends Yet a while after he opened the matter by the consent of Pembrooke vnto Cecill also About which time Leonard Dacres deuised and compassed to steale secretly away the Queene of Scotland out of prison at Whinfield where shee was kept by the Earle of Shrewsburie Northumberland being priuie vnto this deuice signified it vnto the Duke who forbade them to doe it for hee feared they would haue deliuered her to be maried vnto the King of Spaine and hoped to obtaine the consent of Queene ELIZABETH â—re it was long But the rumor of this mariage came more plainly to the Queenes eare by the Ladies and women of the Court who smell out cunningly and quickly these loue matters Which when the Duke vnderstood to be true he dealt very earnestly with Leicester both by Throgmorton and by Pembrooke to open the matter speedily vnto the Queene he made delaies and lingred as it were to stay for a fit time to speake But Cecill willed the Duke who was now full of care to open all the matter to the Queene himselfe whereby all scruple might bee speedily taken away from the Queene and from himselfe also Leicester was against it and promised to open the matter to the Queene in the progresse But in the time that hee put it off with smooth words from one day vnto another the Queene being at Farneham set the Duke at her table and bitingly willed him to take â—eed on what Pillow hee laid his head Then at Titchfield Leicester was somewhat sicke or else fained so to bee and vnto the Queene that came to see him and cheered him comfortably and perceiuing his spirit and bloud to bee drawne inward for feare with sighs and asking pardon of his fault hee opened the whole matter from the beginning At which time the Queene called the Duke vnto her in a gallery and chid him very much that without her priuitie he had sued vnto â—he Queene of Scotland in the way of mariage and commanded him vpon his allegeance to cease from further medling therein He promised so to doe willingly and gladly and doubted not to say as though hee cared not a whit for her that his reuenues in England were little lesse than those of the Kingdome of Scotland at this time lamentably impouerished by the warres and also when hee was in his Tennis-court at Norwich he seemed to himselfe to bee equall after a sort vnto many Kings But from that time he began to bee more deiected in minde and when hee saw the Queene to looke and speake to him more sternely and Leicester in a manner estranged and most of the Noblemen to steale away out of his companie scarce saluting or speaking to him hasted vnto London without taking any leaue and went in to Pembrooke who bade him be of good cheere and comforted him very much And on that same very day Queene ELIZABETH reiected with shew of displeasure the Scottish Embassador intreating her very much to deliuer the Queene captiue and bade that she should behaue her selfe quietly lest shortly shee saw them on whom she chiefly relied to hop headlesse And now when the rumor of the mariage was hotter euery day than other and the French Embassador exceedingly vrged her deliuerie more by the perswasion of some English men than by the commandement of the French King as it was after knowne new suspicions from euery place were laid hold on and Cecill who applied all his care for the good of the Republike and Religion was very diligent to finde the depth of the matter and therefore wrote vnto Sussex Lord President of the North who was a familiar friend and neere allied in bloud vnto the Duke to certifie the Queene what he knew of the Dukes mariage But his answer is vnknowne vnto mee And where it had beene obserued that the Duke had many secret conferences with Murrey Regent of Scotland at Hampton Court George Cary sonne to the Lord Hunsdon was sent secretly vnto Murrey to learne of him if the Duke had imparted vnto him any thing about this mariage The Duke in the meane while terrified with a false rumor spread that there was a commotion raised in the North and being certified by Leicester that he should bee put in prison went out of the way into Norfolke whiles his friends in the Court who had promised so much might auert turne aside the storme that hung ouer his head he himselfe might mitigate the Queenes displeasure by his humble letters But there were men set about him to marke and note all his actions When he found no comfort among his friends and Heydon Cornwallis and other worshipfull Gentlemen of those parts perswaded him if he were guiltie of any offence toward the Queene to flie vnto her mercie he wauered and was tormented with diuersitie of cares In this while was the Court in quandarie suspitious and fearefull that he would breake out into rebellion and they say it was determined to kill the Queene of Scotland presently if he did so But hee out of his inbred good nature and out of his conscience that hee had not offended against any Law made treason for that act of marying the Kings sisters or brothers or aunts children without the Kings knowledge made treason by Henry the eighth was repealed by King Edward the sixt and also for feare lest the Queene of Scotland out of suspicion should be vsed more hardly and extremely hee sent letters vnto his friends in the Court and told them that hee stept aside vnto his house that in time and by his absence he might procure a remedy against malicious rumours which are at all times entertained with open eares in the Court and asked pardon most humbly for his offence and forthwith tooke his iourney toward the Court. As he returned at Saint Albans Owen a gentleman belonging to the Earle of Arundell sent secretly by Throgmorton and Lumley who were committed willed him to take all the fault vpon himselfe and not to lay it vpon Leicester and others lest he should make his friends his enemies There Edward Fitz-Gerard brother vnto the Earle of Kildare Lieutenant of the Pensioners met and
Scotland and his brother the Earle of Northumberland might bee deliuered out of Scotland But when his credit was suspected because of his priuate familiaritie with Burghley and also he delaied the matter very long that plot came to nothing For the which vpon his submission hee was notwithstanding fined in the Star-chamber at fiue thousand Markes which neuerthelesse the Queene pardoned As also the plot of Powell of Sandford one of the Pensioners and of Owen a Gentleman belonging to the Earle of Arundell who intended to aduenture vpon the same action but that Rosse did inhibit and hinder them as not able to performe so great an attempt since they were not men of that abilitie and meanes Yet did many English men hasten the mariage betweene the Queene of Scotland and the Duke of Norfolke as much as they could for they had by their perswasions brought him to thinke of the mariage with her againe contrarie to the promise he had made which was first found out by these meanes Ridolph the Florentine whom wee haue spoken of being sent ouer Sea into forraine Countries to deale in the Queene of Scotlands businesse had acquainted Charles Bailiffe a Flemming seruant to the Queene of Scotland with all his speeches with the Duke of Alua and had deliuered vnto him letters in Ciphers vnto her the Spanish Embassadour Norfolke Rosse and the Lord Lumley all put in one Packet which Bailiffe brought ouer with him though Rosse had bidden him to leaue them with the Captaine of Calice to bee sent ouer But as soone as hee arriued in Douer Hauen hee was apprehended and put in prison but his Packet of letters was sent to the Lord Cobham Warden of the Cinque-ports which things Rosse knew with the first and dealt so diligently and craftily with Cobham who was not ignorant of the Dukes counsell that that Packet was deliuered vnto him and another with other old letters wrapped vp was deliuered vnto the priuie Councellors And this was also signified vnto Bailiffe Yet hee being vpon the Racke confessed some things and amongst other that a Packet of letters came to the hands of Rosse This came to the knowledge of Rosse also who forthwith very wisely sent away Çuthbert his Secretarie and laid aside his Ciphers and priuie Characters with other things which might bring trouble at his friends houses so that when Sussex Burghâ—ey Mildmay and Sadleir searched his house most narrowly they found nothing nor could wring nothing out of him with interrogations who stood vpon it still that an Embassadour was not to be compelled to yeeld reasons and make answers to any but his owne Prince Yet on the next day Rosse was deliuered to the Bishop of Ely to keepe and shortly after hee was sent into the I le of Ely Also Sir Thomas Stanley Sir Thomas Gerard Knights and Rolston of whom I haue spoken were sent to the Tower of London And Henry Howard who had sued to the Archbishop of Yorke vpon suspicion was committed to the keeping of the Archbishop of Canterburie About the same time the Queene of Scotland had sent a certaine summe of mony vnto the French Embassadour for her friends in Scotland hee deliuered it vnto Barker and Higford who acquainting the Duke with the matter deliuered it to one Browne a Citizen of Shrewsburie a retainer of the Dukes to bee carried by Banister and Lander into Scotland vnto the Lord Herris Browne being suspicious when he perceiued by the weight that they had deliuered the money in gold and not in siluer he deliuered it and the letters to the priuie Councellors Herein the wiser sort did obserue that this was the first time that the Duke did commit treason in that he had giuen aid vnto Herris and the Scots proclaimed enemies who had depopulated the English borders Hereupon Higford was cast into pâ—ison who forthwith did voluntarily confesse all the matter concerning the money and withall he told them in what places he had hidden the letters Ciphers and the Commentarie of the Queene of Scotland I mentioned vnder the Matt and in the tiles The Queene of Scotland discoursed in this Commentarie these things at large The French King allowed the conference appointed with the Scots and that they proposed the mariage of Anjeou with Queene ELIZABETH for no other purpose but that they might with the better colour denie their aid promised to restore her That they secretly sought to hinder her mariage with Don Iohn d'Austria and that they fauoured exceedingly the mariage with Norfolke vpon malice to the Spaniard That the Duke of Alba did disallow the purpose of sending backe the Queene of Scotland into Scotland so much that he thought thereby would bee wrought not onely the vtter destruction of the Queene but also of the Romish Religion in all Britaine because that the Queene returned into Scotland should be in danger of siege or else of necessitie put to the aduenture of a battell with the Rebels who may easily get her into their hands by the helpe of the English men before forraine aid could come to helpe her Therefore since she cannot be in safetie in Scotland and no hope of helpe was likely to be out of France turmoiled with ciuill warres the most conuenient course seemed for her to resort for succour vnto the King of Spaine who had offered to marry her vnto Don Iohn d'Austria which yet she would refuse vpon condition that the Romish Religion might be restored in Britaine by Norfolke And also that her sonne might speedily be conueyed out of Scotland and sent into Spaine for so hee might bee kept in safetie instructed in his tender yeeres in the Romish Religion and withall all pretext taken from the Scots who vse his authoritie and name to countenance their rebellion For the working of these things and the procuring of forraine aid Ridolph was with speed to bee sent away and admonished secretly to keepe these things from the French King by all meanes When the priuie Councellors had receiued this Commentarie the letters I spake of and others sent from the Pope and Barker being taken had confessed all these things Sir Ralph Sadleir was commanded to watch the Dukes house at the Charter-house in London with a band of Souldiers The next day the Duke himselfe being examined not knowing what his seruants had confessed and thinking that the Commentarie had beene burned and the letters also denied all things stoutly a day or two after namely on the seuenth day of September he was conueyed to the Tower of London againe by Sir Ralph Sadleir Sir Thomas Smith Sir Henry Neuill and Doctor Wilson And then Banister who was the Dukes Lawyer and the Earles of Arundell and Southampton the Lords Lumley and Cobham and Thomas his brother Henry Percie Lowder Powell Good-yeere and others were put in prison who euery one in hope of pardon told all they knew As soone as the Commissioners shewed to him the confessions of these men the letters of the Queene of
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
vngratefull vnto his sister the Queene that deserued well at his hands and insulted ouer her womanly weaknesse And these men out of their suspitions and the lewd disposition of many bastards did ghesse and coniecture as though he would not haue spared the sonne hauing already depriued the mother of her Crowne The Queene of Scotland her selfe was very sory that he was taken away by that sudden and violent death before as she said he had purged his sinnes against God his Countrie and Princesse by hearty penitencie But all the English men that fauoured the Duke of Norfolke accused him as farre as they durst for a craftie and false deceiuer The Noblemen of Scotland who stood for the King not admitting the Hamiltons and the rest who had stood for the depriued Queene being to meet for the â—lection of a new Regent required the aduice of Queene ELIZABETH Shee answered shee would not meddle in the creation of a Regent lest shee should seeme to preiudice the Queene of Scotland whose cause was not yet decided and iudged But they chose Matthew Earle of Lenox the Kings Grandfather Regent Queene ELIZABETH being not discontent with it for she knew that hee would bee very louing vnto his young Nephew out of naturall affection and kinde vnto the English men in regard of the benefits he had receiued at their hands And she did not doubt but hee would bee at her becke since shee had his wife in her hands Whiles Queene ELIZABETH shewed fauour thus vnto the Kings side in Scotland the King of Spaine did not abandon the Queene captiue but by the meanes of Hamilton Rector of the Church of Dunbar he sent secretly out of the Low-countries great store of Armour and Gun-powder and seuen great peeces of Ordnance and some money vnto Huntley the Gouernour of the North part of Scotland for the Queene In this while he the Duke of Chasteauleroy and the Earle of Argile Lieutenants of the Queene by a common consent and with the consent also of the Queene sent George Lord Seton Embassador vnto the Duke of Alba who declared his message vnto him in these words That hee was sent out of a Kingdome depriued of publike peace and of a worthy Princesse through the trecherie of disloyall subiects and that the substance of his Embassage consisted on these points That aid may bee giuen vnto them whereby the Queene may bee redeemed out of miserable captiuitie in a forraine land and the Realme deliuered from the oppression of strangers That the Scottish rebels might bee forbidden to trafficke in the dominions of the King of Spaine And that the 10000. Crownes assigned by him to the Queene of Scotland might bee paid The Duke of Alba answered That hee would bee ready and willing to further this her cause vpon all occasions vnto the King of Spaine but that he could not prohibit the trafficke of the Scottish rebels because it was contrarie to the libertie of the Low-Countries and promised that he would disburse the money very shortly for her vse In the meane time the Lord Seton the more to purchase the fauour of the King of Spaine and the Duke of Alba went in disguised apparell vnto the States and drew many of the Scots that serued them vnto a reuolt by faire words good cheere and such like enticements And when he was at the point to bee put to the torture he hardly and with great danger of his life escaped vnto the Duke of Alba who promised to pay ten thousand Souldiers for halfe a yeere but in vaine because hee could not send ouer the Souldiers into Scotland the warres were so hot in the Low-Countries In the meane time the Bishop of Rosse who had followed the businesse of the Queene with good discretion and was committed vnto the custodie of the Bishop of London because he had secretly kindled the rebellion in the North being now deliuered brought to passe that the French King by his Embassadour to wit Montluc dealt very earnestly with Queene Elizabeth about the deliuerance of the Queene of Scotland who complained very much that shee was kept straiter in prison and that also vnder the Earle of Huntingdon her professed enemie and competitor since hee as openly made claime vnto the right of the Kingdome of England as she did The same also was vrged exceedingly by the King of Spaines Embassadour in his Kings name The Queene made answer after shee had rehearsed the craftie purposes and deuices of sundry men for the deliuerie of the Queene of Scotland who as she closely insinuated was priuie to the late rebellion that it would be great inconsideration and dangerous folly to let her goe at libertie who doth aspire so openly by such euill courses vnto the Kingdome of England That of necessitie shee was enforced to keepe her straighter in prison to send away many of her seruants from her whom shee had drawne thither in great number and to ioine the Earle of Huntingdon in whom she did acknowledge no right vnto the Kingdome but some kindred with her vnto the Earle of Shrewsburie whom she had appointed to be her keeper who long since began to suspect and distrust the fidelitie of some of his seruants and had perceiued many of them daily wonne to fauour the Queene of Scotland yet that the Earle of Huntingdon had beene remoued from her a good while since Moreouer she promised that she would omit nothing shee can doe to make an end and a composition betweene the Queene and the Scots and protested that shee will not reuenge the wrongs she hath receiued at her hands But yet shee hoped that the Kings of Spaine and France and the Queene of Scotland also will giue her leaue to make prouision for the tranquillitie both of her selfe and her subiects which nature reason and her honour doe claime at her hands If any of them shall deuise any better and more euident meanes to auoid perill and danger that shee would with a good will heare and embrace the same After these things the priuie Councell of England sate oftentimes and consulted whether it was best that she were sent backe vnto her owne subiects or kept still in England and what courses were best to be taken for the best preseruation of the Kingdome the Queene and Religion About which time Pope Pius Quintus had caused his Bull or Sentence Declaratorie against Queene ELIZABETH the pretensed Queene of England and the Heretikes aduering vnto her I vse the very words thereof wherein also all her subiects were declared to bee absolued from their oath of fidelitie and all other dutie c. And they that afterward obeyed her were ex communicated which was dated the fiue and twentieth day of Februarie in the yeere of our Lord one thousand fiue hundred threescore and nine to be fixed on the gates of the Palace of the Bishop of London in the night Hereupon suspitions increased that some dangerous matter was in working And forthwith another rebellion was about
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
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
That secret snares were so cunningly laid that whether they would or no they should bee brought within the compasse of treason and that they had no hope of safetie at home And to say the truth very craftie trickes and deuices were deuised and vsed to trie mens minds counterfeit letters vnder the names of the Queene of Scotland and the fugitiues couertly sent and left in the houses of Papists spies dispersed in euery place to hearken after rumours and to take aduantage of words bringers of tales whatsoeuer information they brought were receiued and entertained very many examined vpon suspicion and amongst them Henry Earle of Northumberland and his sonne Philip Earle of Arundel commanded to keepe his house and his wife deliuered vnto the keeping of Thomas Sherley William Howard brother to the Earle and Henry Howard their Vncle brother vnto the Duke of Norfolke oftentimes examined concerning letters from the Queene of Scotland from Charles Paget c. who escaped very narrowly for all his prudence and innocencie The Lord Paget and Charles Arundel being arriued in France were watched and obserued by Edward Stafford the Queenes Lieger Embassador with the French King but yet he could not finde out their purposes and practises Yet dealt he with the French King that they Morgan and other Englishmen plotting against their Prince and Countrey might be remoued out of France He was answered If they practised any thing in France that the King would punish them according to the Law that the King could not take knowledge and doe iustice on them if they bad plotted any thing in England That all Kingdomes are free vnto them that flie thither for succour that it behoueth all Kings euery one to defend and maintaine the liberties of his Kingdome and that Queene Elizabeth not long since had receiued into her kingdome Montgomery the Prince of Condee and other Frenchmen and that at this very time the Embassador of the King of Nauarre practising some plots lieth in England About such time as these things were done Bernardino de Mendoza Embassador for the King of Spaine in England passed in great secrecie into France fretting and fuming as if he had beene driuen violently out of England and the right of an Embassador thereby violated when he himselfe being a man of a violent and turbulent spirit abusing the sacred right of Embassade vnto treason was to be pursued as many were of opinion after the ancient manner of seueritie with fire and sword and commanded to depart out of the Kingdome for he medled and was accessary with the wicked plots of Throgmorton and others to bring in forraine power into England to dispossesse the Queene And when he was mildly reproued of those things he was so farre from wiping the obiections away with a modest answer that he re-charged againe the Queene and her Counsellors with their detention of the money of the Genowayes with the succours giuen vnto the Estates of the Netherlands and vnto the Duke of Aniou and vnto Don Antonio the Portugall and with the piracies and spoiles made by Drake Yet lest the King of Spaine should thinke that the lewd parts of Mendoza were not reuenged but the rights of an Embassador violated William Waad Clerke of the Counsell is sent into Spaine who should plainly informe him how badly he had discharged the office of an Embassador and withall should signifie lest the Queene in sending him away might seeme to renounce the ancient amitie betweene the Kingdomes that all kinde and friendly offices should be done on her part if he sent any other as his Embassador who was desirous and willing to conserue the amitie betweene them conditionally that the same courtesies might be shewne vnto her Embassadour in Spaine But when the King of Spaine would not vouchsafe to admit Waad vnto his speech but referred him to his Counsellors he taking it in euill part without feare spake openly that it was a most vsuall and receiued custome that Embassadors should be admitted to the presence of Princes euen by their enemies and in the time of the hottest warres And that Charles the fifth the Emperour father to the King of Spaine admitted to his presence the Herald who from the French King denounced warre against him and in plaine termes denied to acquaint the Counsellors with his errand And when Idiaques Secretary to the King of Spaine could by no policie get out of him what his message was at last he receiued all the matter from Mendoza lurking secretly in France Then he laying aside his publike person in familiar manner signified vnto Waad that he was very sorry that there were some who cunningly laboured to breake the amitie and to nourish discord betweene the Princes that wrong was done to the Catholike King himselfe not vnto his Embassadors first to Despes and now vnto Mendoza and that there was no cause why he should accuse vnto the King any more Mendoza who was sufficiently disgraced by his ignominious sending out of England or complaine that he was not admitted And that the Catholike King did no more but like for like since Mendoza had beene dismissed without audience and as she had referred Mendoza vnto her Counsellors so the King in like manner put him off vnto the Cardinall Granuellan When Waad answered that there was much difference betweene him who had neuer offended the Catholike King and Mendoza who had offended grieuously against the Queene and had a long time not vouchsafed to come vnto her and had committed things vnfitting an Embassadour Yet he could not be admitted and not being heard he returned home The most of the crimes which he was to obiect against Mendoza were taken out of the confession of Throgmorton Who being readie to be apprehended had secretly sent a deske wherein his secrets lay vnto Mendoza His other desks being narrowly searched there were found two Rolls or Lists in one of the which the names of the Hauens of England which were fit to land Forces in the other the names of the Noblemen and Gentlemen of England who professed the Roman Catholike Religion were written downe As soone as he saw them brought out and shewne to him he cried out often that he neuer saw them before and that they were foisted in to worke his destruction yea euen when he was examined vpon the racke but laid againe vpon the racke he denied not to answer vnto their Interrogatories Being asked of those Rolls or Catalogues and for what purpose they were written he made this historicall narration That he a few yeeres since going vnto the waters at the Spaw did consult and deuise with Ieney and Fra Inglefield how England might be inuaded and the forme of gouernment thereof altered and changed and vpon that reason that he set downe the names of the Hauens and of the Noblemen That Morgan by his letters had signified vnto him out of France that the Catholike Princes had now consulted and determined that England should be inuaded and the
a turbulent spirit and nature casting out threats and terrors of the bloud that was ere long to bee shed in England On the next day the other seuen were drawne vnto the same place but vsed with more mercy by the Queenes commandement who hated the former cruelty for euery one of them hung till they were quite dead before they were cut downe and bowelled Salisbury the first was very penitent and aduised the Catholikes not to attempt the restitution of Religion by force or armes and the same did Dun who was the next Iones protesting that he had disswaded Salisbury from this enterprise and that he vtterly condemned and disliked the haughty and rash spirit of Babington and the purpose of inuasion Charnock and Trauerse fixed wholly to their praiers commended themselues to God and the Saints Gage extolling the bountifull liberality of the Queene toward his father and detesting his owne treacherous ingratitude toward a Princesse so well deseruing Hierom Bellamy who had hidden Babington after he was proclaimed traitor whose brother priuy to the same offence had strangled himselfe in prison ashamed and silent was the last of this company These men being executed Nauus the Frenchman and Curlus the Scot who were Secretaries to the Queene of Scotland being examined about the letters copies of letters and little notes and Ciphers found in the Queenes closet of their owne will acknowledged by their subscriptions that the handwritings were their owne endited by her in French taken by Nauus and turned into English by Curlus Neither did they deny that she receiued letters from Babington and that they wrote backe by her commandement in such a sense as is aforesaid Yet this is certaine out of letters that when Curlus did at this time aske Walsingham for what he promised that Walsingham did reproue him as one forgetfull of an extraordinary grace as that he had not confessed any thing but that hee could not deny when Nauus charged him therewithall to his face The Counsellors of England could not agree what should be done with the Queene of Scotland some thought good that no seuerity was to be vsed against her but to be kept very close as well for that she was not the beginner of this plot but onely made acquainted with it and also for that she was sickly and not like to liue long Others for the securitie of Religion would haue her dispatched out of the way and that by the course of Law Leycester had rather haue it done by poyson and secretly sent a Diuine to Walsingham to shew him that this was lawfull but Walsingham protested that he was so farre from allowing that any violence should be vsed that long agoe hee crossed and broke the aduice of Morton who had perswaded to send her into Scotland that she might be killed in the very borders of both the kingdomes They were moreouer of different opinions by what law or Act they should proceed against her whether out of that of the XXV yeare of Edward the third in which he is a traitor who deuiseth to kill the King or the Queene or moueth warre in the Kingdome or doth adhere vnto his enemies Or whether by that Law or Act of the XXVII yeare oâ— Queene ELIZABETH which is set downe before At length their opinion preuailed who would haue it by this latter law as made for this purpose and therefore to be accommodated thereunto therefore out of that law enacted the former yeare that enquiry might be made and sentence pronounced against them who raised rebellion inuaded the kingdome or attempted to hurt the Queene many of the Priuie Counsell and Noblemen of England were chosen Commissioners by letters Patents which was this after the Lawyers forme and stile ELIZABETH by the grace of God of England France and Ireland Queene Defender of the faith c. To the most Reuerend Father in Christ Iohn Arch-Bishop of Canterbury Primate and Metropolitane of all England and one of our Priuy Counsell And to our beloued and trusty Thomas Bromley Knight Chauncellor of England and another of our Priuie Counsell And also to our welbeloued and trusty William Lord Burghley Lord Treasurer of England another of our Priuy Counsell And also to our most deare cousin William Marquesse of Winchester one of the Lords of the Parlament And to our most deare cousin Edward Earle of Oxford great Chamberlaine of England another of the Lords of the Parlament And also to our most deare cousin George Earle of Shrewsbury Earle Marshall of England another of our Priuy Counsell and to our most deare cousin Henry Earle of Kent another of the Lords of the Parlament And also to our most deare cousin Henry Earle of Darby another of our Priuy Counsell And to our most deare cousin William Earle of Worcester another of the Lords of the Parlament And to our most deare cousin Edward Earle of Rutland another of the Lords of the Parlament And to our most deare cousin Ambrose Earle of Warwicke Master of our Ordnance another of our Priuy Counsell and to our most deare cousin Henry Earle of Pembrooke another of the Lords of the Parlament And also to our most deare cousin Robert Earle of Leicester Master of our horse another of our Priuy Counsell And to our most deare cousin Henry Earle of Lincolne another of the Lords of the Parlament And also to our most deare cousin Antony Vicount Montague another of the Lords of the Parlament And to our welbeloued and trusty Charles Lord Howard our great Admirall of England another of our Priuy Counsell And to our welbeloued and faithfull Henry Lord Hunsdon our Lord Chamberlaine another of our Priuy Counsell And also to our welbeloued and trusty Henry Lord of Aburgeuenny another of the Lords of the Parlament And to our welbeloued and trusty Edward Lord Zouch another of the Lords of the Parlament And also to our welbeloued and trusty Edward Lord Morley another of the Lords of the Parlament And also to our welbeloued and trusty William Lord Cobham Lord Warden of our fiue Ports another of our Priuy Counsell And also to our welbeloued and trusty Edward Lord Stafford another of the Lords of the Parlament And also to oâ—r welbeloued and trusty Arthur Lord Grey of Wilton another of the Lords of the Parlament And also to our welbeloued and trusty Iohn Lord Lumley another of the Lords of the Parlament And also to our welbeloued and trusty Iohn Lord Sturton another of the Lords of the Parlament And to our welbeloued and trusty William Lord Sandes another of the Lords of the Parlament And also to our welbeloued and trusty Henry Lord Wentworth another of the Lords of the Parlament To our welbeloued and trusty Lewis Lord Mordant another of the Lords of the Parlament And to our welbeloued and trusty Iohn Lord St. Iohn of Bletso another of the Lords of the Parlament And also to our welbeloued and trusty Thomas Lord Buckhurst another of our Priuy Counsell And
by the superfluous priuilege of a Royall Estate which can be now of no vse make your appearance for a triall shew your innocency lest by searching of euasions you draw vpon your selfe suspicion and purchase a perpetuall blemish of your reputation I doe not refuse said she to answer in a full Parlament before the Estates of the kingdome lawfully called so that I may be declared next in succession Yea and before the Queene and her Counsellors so that my protestation may be admitted and I may bee acknowledged the next kinswoman of the Queene In plaine termes I will not submit my selfe vnto the iudgement of mine aduersaries by whom I know all the defence I can make of mine innocency will not be allowed and receiued The Chancellor asked her if she would answer if her protestation were admitted She answered I will neuer submit me to the new law mâ—ntioned in the letters Patents Hereupon the Treasurer 〈…〉 Yet we will proceed to morrow though you be absent and continue obstinate in the cause She said Search and examine your consciences haue regard to your honour God will requite you and your heires for your iudgement vpon me On the next day being the fourteenth day of October she sent for some of the Commissioners and requested that the protestation might bee admitted and allowed The Treasurer asked her whether shee would come to triall if the protostation were onely receiued and put into writing without allowance At length she condescended yet with an euill will lest shee as she said might seeme to derogate from her predecessors or successors but that shee was much desirous to cleare the crime obiected being perswaded by the reasons of Hatton which she had better thought on Forthwith met and assembled in the Chamber of presence the Commissioners that were present There was a chaire of Estate set vnder a Canopy in the vpper part of the Chamber for the Queene of England Against it lower and further off neere vnto the railes a Chaire for the Queene of Scotland hard to the walls on both sides benches or formes on the which on the one side sate the Chancellor of England the Treasurer of England the Earles of Oxford Kent Darby Worcester Rutland Cumberland Warwicke Penbroke Lincolne and Vicount Mountacute On the other side the Lords Aburgeuenny Zouch Morley Stafford Grey Lumley Sturton Sandes Wentworth Mordant Saint Iohn of Bletso Compton and Cheiney Next to them sate the Knights of the Priuy Counsell as Iames Croft Christopher Hatton Francis Walsingham Ralph Sadleir Walter Mildmay and Amias Powlet Forward before the Earles sate the two chiefe Iustices and the chiefe Baron of the Exchequer on the other side two Barons and other Iustices Dale and Ford Doctors of the Ciuill law at a little table in the middle sate Popham the Queenes Atturny Egerton the Sollicitor Gaudie the Queenes Serieant at law the Clarke of the Crowne and two Clarkes When she was come and had set her selfe in her seat silence being made Bromly the Chancellor turning to her made a short speech to this purpose The most high and mighty Queene of England being certified to her great griefe and anguish of minde that you haue plotted both the destruction of her and of England and also of Religion according to the duty due vnto God her selfe and people in the which lest she should faile and out of no malice of minde hath appointed these Commissioners who may heare what things are obiected against you and how you can cleare your selfe from the crimes laid against you and shew your innocency She arising vp said that she came into England to seeke and request aid which was promised her neuerthelesse that shee was deteined in prison euer since that time Shee protested that she was not subiect to the Queene but was a free and absolute Queene neither was to be forced or compelled to be brought in or tried before the Commissioners or any other Iudge for any cause whatsoeuer but only God alone the Soueraigne Iudge of all lest that she should doe wrong and iniury vnto her owne Royall Maiesty her Sonne the King of Scotland her Successors or any other absolute Princes But now she was there in person to refell the crimes obiected against her And she requested her friends or seruants to witnesse these things The Chancellor not acknowledging that helpe was promised answered That this protestation was to no purpose for that whosoeuer of whatsoeuer ranke or estate he were in England did offend against the lawes of England may be made subiect to the same and may be examined and iudged by the late new law And that therefore that protestation made to the preiudice of the lawes and of the Queene of England was not to be admitted Yet the Commissioners commanded as well her protestation as the answer of the Chancellor to be recorded Then the letters Patents which as I haue often said were founded vpon the Act of Parlament being read aloud she with a great courage made a protestation against that Act as made directly and purposely against her and in this matter put it to their conscience And when the Treasurer answered that euery man in this Realme was bound to the obseruation of the lawes though neuer so lately made and that shee might not speake in disgrace of the lawes and that the Commissioners would iudge by vertue of that law whatsoeuer protestations or appellations she made At length she said shee was ready and prepared to answer of any act whatsoeuer done against the Queene of England Then Gawdy expounded and made plaine the Act in euery point and affirmed that shee had offended against the same and then he made an Historicall Narration of Babingtons conspiracy and concluded that she knew of it allowed it promised helpe and shewed the waies and the meanes She with an vndanted courage answered that she knew not Babington neuer receiued letters from him nor neuer wrote vnto him neuer plotted the destruction of the Queene And that to proue it effectually the subscription vnder her owne hand was to be produced She neuer heard so much as any man speake it that she knew not Ballard neuer maintained him but that shee had heard that the Catholikes were much agrieued with many things and that she certified the Queene therewith in her letters and had earnestly desired her to haue pitty of them And that many vtterly to her vnknowne had offered their seruice vnto her yet that she neuer moued any to any wickednesse and that she being shut vp in prison could neither know nor hinder the things which they attempted Vpon this out of the confession of Babington shee was vrged that there passed an entercourse of letters betweene her and Babington She acknowledged that she had speech with many by letters neuerthelesse it could not be gathered thereby that shee knew of all their naughty practises She requested that a subscription with her owne hand might be produced and she asked who could haue harme by it
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
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
Lastly that hee gaue aid vnto Herris a Scot and other enemies of the Queene in Scotland This being read the Clerke asked the Duke whether hee were guiltie of these crimes or no He besought that if it were lawfull by the Law he might haue a Lawyer appointed him to defend or pleade his cause Catlin Chiefe Iustice answered that it was not lawfull The Duke said It is meet that I submit my selfe to the opinion of the Iudges but there bee many darke and obscure points in this businesse neither vnderstood I of my arraignment till within this foureteene houres I was kept from bookes now I see I am to fight for my life without weapons Yet I haue heard that a Lawyer was assigned vnto Humfrey Stafford in a case of treason in the reigne of Henry the seuenth Dier chiefe Iustice of the Common pleas answered that a Lawyer was assigned vnto Stafford about the priuilege of the Sanctuarie from whence he was taken away by force and that he answered for himselfe without a Lawyer for the treason The Duke said I must speake this day for my life my goods for my children and that which is most to bee respected for my loyaltie and honestie let honour goe by yet let me aske one question Whether that the enumeration of the crimes must be holden for true in euery part and to which part I must answer Catlin said When the causes be true the enumeration is also to be accounted true I doe desire to be told said the Duke whether euery singular thing bee treason For I haue heard in the cause of the Lord Scroope in the reigne of Henry the fourth As hee would haue said more the Clerke of the Crowne interrupted him speaking aloud Thomas Duke of Norfolke art thou guiltie or not guiltie He said Not guiltie The Clerke asked him againe How wiltthou betried I commend said he my cause to God and to my Peeres The hainousnesse of my crimes woundeth my heart but the benignitie of her Maiestie from whom I could expect no more doth recomfort me and I beseech you my Lord Steward that I may bee dealt withall according to Law and that my memorie which is slipperie may not be opprest with the confused varietie of things That I haue you my Peeres and Iudges I acknowledge my selfe happy for vnto many of your integrities I would willingly commit my life I trusting vnto mine innocencie did not flie but yet I cannot but ingenuosly confesse that I haue transgressed against the Queene but in no treason I beseech you let not those things of smaller moment be put amongst the other of treason Then said Barham the Queenes Serieant at law The crimes of treason whereof thou art indicted are these Thou didst deuise to depriue the Queene of her Realme and of her life Thou didst intend to marrie with the Queene of Scotland Thou didst send for forraine power to inuade the Realme Thou gauest maintenance vnto the Rebels and didst helpe the Scots enemies to the Queene The Duke interrupted him saying Barham I pray you doe not aggrauate the matter with words in obiecting the mariage and other things which be not treason Barham turning to the Noblemen vrged the matter saying He that would marrie her that claimeth the Kingdome the same man desireth and seeketh after the Kingdome but this the Duke began when he was one of the Commissioners at Yorke to heare the cause of the Queene of Scotland at which time hee was sworne to weigh indifferently and vprightly the accusations and defences on both sides The Duke said That cause hath sundry parts which bee without the compasse of treason The Steward of England bade the Duke not to vse such digressions from the purpose who when Barham still vrged it with a loud voice hee acknowledged that the Queene of Scotland had claimed the Realme of England as due to her but that shee had giuen ouer the claime long since Barham to the contrarie shewed how she had not left off the claime because she had not yet made a release or renunciation thereof and hee accused the Duke hainously that he taught the Delegates of Scotland what to say and this out of the confession of the Bishop of Rosse The Duke confessed that Lidington moued the mariage vnto him and that hee refused it and that hee told them nothing and requested that the Bishop of Rosse might be produced before him Then did Barham prosecute at large many things which I haue mentioned before to proue that the Duke did vnmeasurably desire the Kingdome and stood much vpon this point What other thing could the Duke propose vnto himselfe in his minde without the priuitie of the Queene to marrie the Queene of Scotland a woman without goods without Kingdome her sonne being now established in the Realme of Scotland but that hee might get by her meanes or right the Kingdome of England and consequently depriue the Queene of her life and Kingdome The Duke said These things are farre fetcht to conuince me to haue imagined the depriuation and destruction of the Queene I will come neerer said Barham It is not vnknowne that you deuised with others to surprize the Tower of London which is the chiefest hold of England so that it is of necessitie that you then compassed the destruction of the Queene since Kingdomes cannot endure to haue a partner The Duke denied not that one Hopton put into his head the surprizing of the Tower yet that he reiected the same Why then said Barham didst thou aske the Earle of Pembrookes aduice who disswaded thee Barham went on and vrged him that when the Queene requested of the Infant King of Scotland certaine Castles and the English Rebels out of Scotland to bee deliuered the Duke secretly willed the Scots not to consent thereunto He accused him also that he attempted priuily to steale away the Queene of Scotland out of prison And this was after hee had solemnly promised to meddle or deale with her no more Then Candish was brought in witnesse against him that the Duke had a resolute purpose to marrie her and that hee asked him if hee could draw his Vncle to his side if Queene Elizabeth died The Duke vtterly denied these things and reiected his testimonie as of a needy man and a childish witnesse Moreouer it was shewed that the Duke sent secretly his man to the Earles of Northumberland and Westmerland to aduise them not to rise in rebellion as a thing that would proue very dangerous Also the letters of the Queene of Scotland were shewed wherein shee lamented that Northumberland was intercepted before hee was ready to rise For this flying newes was brought to her perchance of set purpose To these things the Duke answered These reasons doe not probably proue that he compassed the destruction of the Queene and that nothing yet brought against him was of any moment but onely the testimonie of the Bishop of Rosse neither was this to be receiued since he was a forrainer
citing the authoritie of Bracton the most learned Lawyer of our Land that he neuer made such reckoning of Northumberland and Westmerland that hee would put his life into their hands he relied he said and trusted so much vnto his innocencie that hee had neuer so much as a thought to flie Gerard the Queenes Atturney said It is most apparant that he did purposely intend to marrie the Queene of Scotland to worke the Queenes destruction It is also apparant that he did aduisedly consult of inuading the Realme by the letters vnto the Pope the King of Spaine and the Duke of Alba. All his dealings with Ridolph are now well knowne by the secret Ciphers and Charactericall notes hidden vnder the tiles of Howard house also by the letters which hee commanded to bee burned found in the Matts in the entrie of the chamber and all these things may bee proued out of the examinations of them who were not terrified with torments nor attainted of treason To these matters the Duke said Of the consultations of the Pope and the King of Spaine I was neither author nor fautor yea I alwaies disliked them Let them bee punished that committed the fault and let them not charge mee to excuse themselues Furthermore Gerard accused the Duke that hee talked with Ridolph of the landing of ten thousand Souldiers out of Flanders at Harwich a Hauen in Essex and this out of the examination of Barker And also that letters were written and sent by Ridolph vnto the King of Spaine and the Duke of Alba vnto which although the Duke did not subscribe yet that hee sent by the counsell of Rosse Barker his Secretarie vnto the Spanish Embassadour who should assure them that they were his very letters The Duke said My memorie faileth me neither can it call to minde such intricate varietie of matters You Lawyers haue your briefe notes I am put to answer ex tempore This is also improbable that I should deale with the Pope vnto whose Religion I was alwaies an aduersarie I had rather be pulled in peeces by horses than reuolt from the Religion I professe The situation of Harwich doth easily confute all this accusation Who seeth not how hard a matter it is to bring an armie thorow that Countrie which is all enclosed and most troublesome with narrow waies If I had imagined to make warre against my Prince I should doubtlesse haue furnished my selfe with Armour but in these whole ten yeeres I haue not bought any more than eight Corslets and no Gun-powder at all I would neuer haue committed such letters vnto Barkers fidelitie but rather vnto Banister whom I esteemed aboue many Barkers Now were brought forth the letters of the Bishop of Rosse sent out of prison vnto the Queene of Scotland and intercepted out of which the former things were confirmed The Duke required to see the letters for he seemed to doubt that they were counterfeit But the Lord Steward said Doubt not they bee written with Rosses owne hand Another short letter written with Oker by the Duke commanding his man to burne a bundle of letters hidden in a certaine place and to lay the fault vpon Rosse who might easily auoid the Law by the priuilege of an Embassadour was also shewed To these letters the Duke said I being certified that it was diuulged amongst the common people that I had accused many I answered in that short letter and when I saw all places to be narrowly searched I commanded that bundle to be burned that I might keepe many men from trouble Bromley the Queenes Sollicitor shewed the letters of Ridolph wherein hee signified that the Duke of Alba approued their purpose and also the Popes letters vnto the Duke dated the tenth day of May. Then Wilbraham made an cloquent speech of the credit of the testimonies of the Bishop of Rosse and of the Dukes seruants Vnto which the Duke said I haue not the skill to refell so polished and ornate a speech yet the Orator as skilfull as be is for all that left out what the force of feare is which oftentimes quaileth and dauntoth a good courage and againe he commended and vrged Bracton against the credit of forraine witnesses Catlin chiefe Iustice made answer In such causes as these the testimonies of forrainers are allowable and that it was in the will of the Peeres to giue credit or disallow such testimonies Now they were come to proue that the Duke had releeued the Rebels after they were fled which appeared out of the letters of the Countesse of Northumberland in which she gaue thanks to the Duke for the money secretly sent vnto her and her husband As concerning the last obiection about the releeuing the Scots enemies to the Queene was proued out of the Dukes letters to Banister out of the confession of Banister and the money deliuered vnto Browne of Shrewsburie Here the Duke asked the Iudges Whether the subiects of another Prince confederate with the Queene may bee accounted enemies to the Queene Catlin answered they might and that the Queene of England may make warre with some Duke of France and yet at the same time be in amitie with the King of France When now it drew toward night the Lord Steward asked the Duke what hee had more to say for himselfe He answered I put my trust in the equitie of the Lawes The Lord Steward commanded the Lieutenant of the Tower to take the Duke aside and then silence being made he turned vnto the Peeres and said You haue heard how Thomas Duke of Norfolke hath beene indited of high treason who hath pleaded not guiltie and put himselfe vnto God and to you therefore it is your part to consider among you whether he be guiltie or no and to declare your opinion according to your conscience and vpon your honour and withall he bade them to goe aside and to consult one with another After a little time they returned vnto their places Then the Steward beginning at the lowest said My Lord De La-ware is Thomas Duke of Norfolke guiltie of the crimes of high treason whereof he is indited or not guiltie He rising vp laying his hand on his breast said Guiltie In like manner were each one asked in their order Then was the Duke brought againe to the Barre vnto whom the Lord Steward spake in this manner Thomas Duke of Norfolke thou hast beene indited of sundry high treasons and put thy selfe to bee tried by God and thy Peeres who haue found thee guiltie hast thou any thing to say why iudgement should not be given against thee Hee answered The will of God who will iudge betweene mee and my false accusers be done All men now keeping silence the edge of the Axe was turned towards him Then Barham for the Queene requested the Lord Steward to giue iudgement which he weeping did in these formall words Forasmuch as thou Thomas Duke of Norfolke hast beene indited of high treason and hast pleaded not guiltie and hast put thy selfe
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