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
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
pittie of Queene ELIZABETH was vnfained or not is not knowne But certaine it is the Councellors of England did enter into a mature deliberation what should be done with her If she should be kept still in England they feared that she which had an alluring eloquence would daily draw to her part many more to fauour the right shee pretended vnto the Crowne of England who would kindle her ambition and leaue nothing vnattempted to purchase the Kingdome for her That forraigne Embassadors would helpe and assist her purposes and that then the Scots would not faile her when they saw such a faire prey Moreouer the fidelitie of keepers was vncertaine and if she should die in England by sicknesse it would giue occasion of slander and the Queene should bee vexed and turmoiled euery day with new molestations If shee should bee sent into France they feared lest her Cosen 's the Guises would againe pursue the right and claime shee made vnto England vpon a conceit and opinion that she could doe much in England with some for Religions sake with others by the probabilitie of the right whereof I speake and with many vpon a mad desire of innouation Besides that the friendship betweene Scotland and England which is very profitable might be broken and the ancient league betweene France and Scotland renewed which might be more dangerous than in former times when Burgundy was tied vnto England in a stricter league than at this present England hauing now no assured friends but the Scots If shee should be sent backe into Scotland they feared lest the English faction should bee put out of authoritie the French faction raised to the gouernment of affaires the young Prince expoled vnto danger the Religion in Scotland changed the French and other forrainers brought in Ireland more vexed and annoied by the Irish Scots and she her selfe brought into danger of her life by her aduersaries at home Hereupon most of them thought best to detaine her as a lawfull prize and not to bee let goe vntill she had satisfied for the challenging the title of England and answered for the death of DARLY her husband who was a natiue Subiect of England for the mother of DARLY the Countesse of Lennox long since blubbered with teares in her owne name and her husbands also had made a grieuous complaint against her and had besought Queene ELIZABETH that shee might bee arraigned for the death of her sonneâ—â— but shee comforting her with courteous words willed her not to lay such a crime vpon so great a Princesse her nearest Cousin wich could not be proued by any certaine euidence That the times were malicious and vniust spight blinde which doth lay crimes vpon innocent persons but that Iustice which is the punisher of offenders was open eied and sitteth by God On the other side the Lord Herris humbly besought the Queene not to beleeue rashly any thing against the truth against the Queene vnheard and that in Scotland Murrey should not precipitate the Parlament to the preiudice of the expulsed Queene and to the destruction of good Subiects Which though shee vrged exceedingly yet Murrey in the Kings name held the Parlament attainted many that stood for the Queene spoiled and destroied their houses and possessions Hereupon the Queene of England being moued with indignation signified by Midlemore vnto the Regent in bitter words That shee could not endure that by a most pernicious example vnto Kings the sacred authoritie of royall Maiestie should be contemned by Subiects and trodden vnder foot at the pleasure of factious people And howsoeuer they had forgotten the dutie and allegeance of Subiects toward their Princesse yet she could not forget any duty or office of good will and pietie towards her sister and neighbour Queene Therefore it was best for him then to come himselfe or else to giue commission vnto fit and apt men for this businesse who should make answer vnto the complaints of the Queene of Scotland against him and his complices and also yeeld iust reasons for their depriuation of her if hee did not that shee would set her at libertie forthwith and restore her to her Kingdome with all the power she could make And withall willed him not to sell away the Queenes apparell and precious ornaments though the Estates had permitted the same Murrey did as she willed him since he had depended vpon no other place but onely vpon England for this course of his fickle gouernment and the Noblemen of the Realme refused to bee sent on that message To Yorke therefore the place appointed for the meeting came hee himselfe and seuen of his dearest and most familiar friends as Commissioners for the King infant namely Iames Earle of Mourton Adam Bishop of Orkeney Robert Commendator of Dunfermellin Patricke Lord Lindsey Iames Mangill Henry Balnaw and Lidington whom Murrey with faire promises enticed to come with him fearing to leaue him at home and George Buchanan one that would sweare it if Murrey spake it accompanied them The same very day came thither Thomas Howard Duke of Norfolke Thomas Ratcliff Earle of Sussex a little before made President of the North and Sir Ralph Sadleir Knight one of the priuie Councell appointed Commissioners to heare the cause of the depriuation for the Queene of Scotland who tooke it most vnkindly that Queene ELIZABETH would not heare her to speake and yet commanded her Subiects to be heard against her before Commissioners forasmuch as shee being an absolute Prince could not be bound to answer but at pleasure vnto her Subiects accusing her There appeared Iohn Leslie Bishop of Rosse William Lord Leuingston Robert Lord Boyde Gawen Commendator of Kilwiming Iohn Gordon and Iames Cocburne for her When they were met on the seuenth day of October and shewed each one to the other their Letters Patents of their Commission Lidington standing vp and turning to the Scots with a wonderfull bold speech admonished them Forasmuch as it should seeme by the Commission granted to the English men that the Queene of England had no other purpose but that they should defame disgrace and discredit the reputation and good name of their Queene mother to their King and that shee as an vmpire and Iudge should giue sentence that they should consider with themselues discreetly what hate and danger they might draw vpon themselues by accusing her of crimes and bringing her in danger and losse of reputation in this iuridicall and publike forme before English men the professed enemies of the Scottish Nation not onely with the Scots that loued the Queene buâ— also with other Christian Princes and her Cousins in France and what reason they could yeeld for this insolent accusation not without the wrong of the Scottish Kingdome vnto the King when he being riper in yeeres shall thinke this action a reproach and dishonour to himselfe his mother and his Countrie also Therefore he thought it most fit to leaue off the odicus accusation of so great a Princesse except the Queene
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
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
to breake out in Norfolke which was quenched in the beginning some Gentlemen of Norfolke desiring to deliuer the Duke who was exceedingly loued of all men had deuised at Harleston Faire by sounding of a Trumpet to gather a multitude vnder the pretence to expulse strangers out of the land Iohn Felton who had fixed the Popes Bull on the Bishop of Londons gate in the night being apprehended for hee would not flie when hee might being arraigned with a stout courage confessed the deed which yet he would not acknowledge to bee any offence was executed neere vnto the place where hee had fixed the same The same day Felton was arraigned the Duke of Norfolke confessing his offence and shewing great penitence and hauing by his writing giuen his word not to deale any more about the mariage with the Queene of Scotland without the priuitie of Queene ELIZABETH was brought backe from the Tower of London to the great ioy of the people remaining at his owne house vnder the keeping of Sir Henry Neuill And indeed he could not be arraigned of treason by the Statute of 25. of Edward the third as Cecill said who desirous of the Dukes good was earnest to haue him marrie another woman whereby hee might bee lesse feared and the publike tranquillitie conserued Yet some there were that thought hee was let out of purpose that he might be thrust into some greater danger And indeed moe things came euery day to light than he suspected and the credit of his most secret counsellors were corrupted with hopes or with bribes These times were full of suspitions and conspiracies for there conspired to deliuer the Queene of Scotland out of prison Thomas and Edward Stanley the younger sonnes of the Earle of Derby by the daughter of Thomas Duke of Norfolke Thomas Gerard Rolston Hall and others in Derby-shire But Rolstons sonne who was one of the Pensioners opened the conspiracie and they were all cast into prison but Hall who escaped into the I le of Man and from thence vnto Dunbritton where being taken at the winning of the Castle hee was conueied vnto London and there executed as a Traitor And the Bishop of Rosse himselfe lately deliuered out of prison was againe deliuered vnto the custodie of the Bishop of London for that he had secret conference with the Earle of Southampton a man wholly addicted to the Romane religion Queene ELIZABETH her minde being in great doubt of trouble vpon the publication of the Bull and the insurrection intended in Norfolke sent Cecill and Mildmay vnto the Queene of Scotland who then lay at Chattesworth in Derby-shire to consult and deuise with her by what meanes the diuision in Scotland might in the best manner be compounded she restored vnto her former estate and prouision made for the securitie of Queene ELIZABETH and the safetie of her little sonne Shee did nothing but deplore her most distressed estate complaine of the crafty policies of Murrey excuse Norfolke and put all her hope in the benignitie of Queene ELIZABETH They for the making and establishing of a sincere league of amitie betweene the Realmes propounded these Articles 1 The Treatie of Edenburgh should bee confirmed Shee should renounce her title and right to England during the life of Queene ELIZABETH 2 She should not renew nor keepe any league with any Prince against England 3 Shee should not admit or receiue any forraine Souldiers into Scotland 4 She should haue no practice nor intelligence with any Irish or English men without the Queenes knowledge 5 She should restore the English fugitiues and rebels 6 Shee should make amends or recompence for the hurt done vnto the English borderers 7 She should enquire according to the Law for the murders both of Darly and Murrey 8 She should deliuer her sonne pledge into England 9 She should not marrie with any English man without the knowledge of the Queene of England nor with any other against the wills of the States of Scotland 10 The Scots should not passe ouer into Ireland without leaue obtained out of England 11 For the confirmation and assurance whereof the Queene and the Commissioners to be appointed should set to their hands and seales 12 Six hostages whom the Queene of England should name should be sent into England 13 If the Queene of Scotland attempted any thing against the Queene of England by her selfe or by any other she should lose all her right ipso facto which she claimeth in England 14 The Castles of Hume and Fast Castle to be kept by the English men three yeeres 15 Some Fortresse also in Galloway or Cantire should be deliuered vnto the English men lest the Irish-Scots should infest Ireland from thence 16 Lastly the Estates of Scotland should confirme all and singular these things by the authoritie of Parlament To these propositions she out of her discretion did answer warily enough vpon the sudden but shee referred them for a fuller answer vnto the Commissioners sent by her Lieutenants in Scotland who were the Bishop of Rosse her Embasladour in England Alexander Gordon Bishop of Galloway Vncle vnto the Earle of Huntley and William Lord Leuingston who afterward admitted some of these Articles and reiected others They answered That the treatie of Edenburgh should bee confirmed the title renounced during the life of Queene ELIZABETH That they must consider of the ancient league with France which if they did not keepe the Queene should lose her Dowrie the Scottish Nation of the which one hundred men at armes on horse-backe and one hundred foure and twentie Archers are maintained in the Guard Merchants Students many that possesse land by inheritance and that haue spirituall liuings should be put out and lose their pensions immunities and priuileges which they enioy being very great and Scotland should bee depriued of the amitie and aid of a most mightie Nation Which things except the English men did liberally and bountifully recompence they cannot renounce and forsake the French league by any meanes That they will not admit any forraine Souldiers except in case of such a rebellion that cannot bee supprest by Souldiers of their owne Countrie That the Queene of Scotland shall haue no intelligence with the subiects of England so that the Queene of England in like manner shall haue none with the subiects of Scotland to the hurt of Scotland If there bee any English rebels or fugitiues they be in the hands of the Scottish rebels and are to be demanded of them The hurts done are to be examined by Commissioners For the murder of DARLY and Murrey let them be inquired of according to the Lawes of Scotland That they cannot deliuer the King for hostage who is in the hands of them that vse the Kings name as a colour for their rebellion against the Queeene That it is strange and a thing not heard of at any time that a free Princesse should be prescribed in her mariage by a forraine Prince and her owne subiects That the Scots shall not
bee sent ouer into Ireland if reciprocally the Irish men be tied with the same condition not to passe ouer into Scotland For the more firme assurance of these things they consented to giue hostages whomsoeuer the Queene of England would name except the Duke of Chasteauleroy the Earle of Huntley Argile and Atholl Moreouer they consented that the Queene of Scotland should bee excluded from all her right of succession in England if she attempted any thing against the right of the Queene of England so that the Queene of England might againe bâ—e tied in some equall penaltie also if shee attempted any thing against the Queene of Scotland Concerning the Castles of Hume and Fast Castle they requested that they may bee restored vnto the Lord Hume the true Lord and proprietarie of them and that the English men would detaine them no longer from him And that to deliuer Fortresses in Galloway or Cantire vnto forrainers was no other thing than to giue a new occasion of warre When they could not agree vpon these Articles and the Commissioners came not from the Regent of Scotland and in the meane time it was reported and bruted that aid was earnestly requested by her friends of the Pope the King of France and the Duke of Alba for the deliuerance and freeing of the Queene of Scotland and the English rebels as Westmerland the Countesse of Northumberland and the rest were conueied secretly out of Scotland nothing came of this Treatie but yet The Bishop of Rosse sent the Articles of this treatie vnto the Pope and the Kings of France and Spaine and insinuated vnto them that the Queene of Scotland must of necessitie yeeld vnto them vnlesse they holpe her both with aduice and other aid very shortly which he did most importunately request at their hands but in vaine for all they were earnestly busied with other matters Anno 1571. A Little before this time Ridolphus the Florentine before named who had vsed much merchandize and trafficke at London fifteene yeeres sent very secretly the Letters of the Pope vnto the Queene of Scotland in the which hee promised his care and studie to the vtmost of his goods and labour to aduance the Catholike Religion and her and required her to shew fauour and giue credit vnto Ridolphus in all things and also that hee may vnderstand by him who now determined to returne into Italy by what meanes he may doe any good and giue any releefe vnto the Catholike Religion and remedy vnto the common mischiefes in England and Scotland Ridolphus also in his owne priuate letters requested the Queene to impart these things vnto the Duke of Norfolke and her friends and that she would commend him vnto them But she delaied her answer though the Kings of France and Spaine and the Duke of Alba wrote to the same effect vntill she saw vnto what end the treatie already begunne would come For there was come as from the King of Scotland to talke of the Scottish affaires the Earle of Mourton Petcarne Abbot of Dunfermelling and Iames Mac-Gill who vnto Queene ELIZABETH commanding them to lay downe euidently the causes of their depriuing the Queene of Scotland and to proue them to be iust shewed a tedious and long instruction or memoriall wherein with a most insolent libertie and bitternesse of speech they endeuoured to proue the people of Scotland to be superiour and aboue their Kings by the ancient priuileges of the Kingdome of Scotland by old forgotten and also late examples collected from all places yea and by the authoritie of Caluin they also endeuoured to proue that the popular Magistrates are appointed and made to moderate and keepe in order the excesse and vnrulinesse of Kings and that it is lawfull for them to put the Kings that bee euill and wickeâ— into prison and also to depriue them of their Kingdomes But they spake much of their lenitie vsed toward their depriued Queene because they suffered her to set her sonne in her place and to appoint gouernours vnto him That it proceeded out of the mercie of the people and not for her innocencie that they suffered her to liue and many other things which turbulent wits doe malapertly deuise and inuent against the royall Maiestie of Kings This memoriall Queene ELIZABETH read but not without indignation and as a libell written in the slander and reproach of Kings condemned it though she said nothing but vnto the Commissioners she answered that as yet shee did not see a iust cause of their abusing and vexing the Queene in that manner and therefore her will was that they should take some speedy course for the quenching the diuision and discord in Scotland Hereupon at the house of Bacon Keeper of the great seale it was proposed vnto the Bishop of Rosse the Bishop of Galloway and the Lord Leuingston Commissioners for the Queene of Scotland That for to giue securitie vnto the Kingdome and Queene of England and vnto the Noblemen that tooke the Kings part the Duke of Chasteauleroy the Earles of Huntley and Argile the Lords Hume and Herris and another Lord should be giuen for hostages and the Castles of Dunbritton and Hume deliuered vnto the hands of the English men for three yeeres They answered it was not to be doubted but the Queene of Scotland who of her free will committed her selfe to the protection of the Queene of England would also most willingly giue her satisfaction in all things which might conueniently bee done but to deliuer such great men and such Fortresses was no other thing but to spoile and depriue the distressed Queene of the succour and strength of all her most faithfull friends and of most strong places But they offered two Earles of whom one should be one of the three named and two Lords to be hostages for two yeeres but that the Holds and Castles by the league could not bee deliuered vnto the English men except others in like manner were deliuered vnto the French men But said Bacon all the Realme of Scotland the Prince the Noblemen and Castles are not all sufficient to giue securitie vnto the Queene and the most flourishing Realme of England and therefore the Queene of Scotland was not to be let goe vpon any securitie the Scots could propose Hereupon they immediatly gathered and said openly that now at length they plainly vnderstood that the English were resolued fully to keepe the Queene prisoner for euer in England and withall to breake off the Treatie since they exacted so earnestly such securitie as Scotland could not by any meanes performe yet the other Councellors of England protested that they earnestly desired the deliuerance of the Queene of Scotland so that sufficient securitie were giuen And to that purpose they also talked with Mourton and his associates hereof and of deliuering the King into England who in plaine termes answered that they had no commission to treat or deale either to receiue home the Queene into Scotland or to deliuer the King into England
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
the Queene to these conditions namely To acknowledge the Religion established in Scotland To submit themselues to the King and also to Mourton as his Regent and to his successors in the gouernment To renounce the authoritie of all others To account them Traitors by authoritie of Parlament that attempted any thing against the Religion the King or Regent That the sentence against the Hamiltons and the Gordons should be repealed c. But these conditions William Kircaldy Lord of Grange the Lord Hume Lidington and the Bishop of Dunkelden and others who thought the Queene of Scotland to be iniuriously vsed would vpon no termes admit but fortified the Castle of Edenburgh of which Grange was Captaine placed therein by Murrey looking for aid from France and the Duke of Alba but Sir William Drury being sent into Scotland with forces out of England to ioine with the Scots the same Castle was yeelded in the three and thirtieth day of the siege and so the Castle and all the prisoners were deliuered vnto the Regent who hanged Kircaldy without mercie spared Hume and others at the request of Queene ELIZABETH Lidington was sent to Lieth where he died not without suspicion of poison And to the end that England might also bee more secure from clandestine attempts at home on the behalfe of the Queene of Scotland Iohn Lesly Bishop of Rosse who very faithfully had serued his Queene yet with the destruction of many men and danger of more was deliuered out of prison and commanded to depart out of England and went into France fearing Southampton whom by his appeaching he had brought in danger and also Henry Howard the Duke of Norfolkes brother to mollifie whose anger hee wrote an Apologie He was scarce departed but his secret Letter-carrier Henry Cokin was taken and by him was Morgan detected who prompt to doe some exploit for the Queene of Scotland and desirous to haue done somewhat forthwith fled away Atsloe the Physitian for the Papists and Goad Doctors of Physicke and Francis Berty because they had secret commerce of letters with her were put certaine moneths in prison And for the same cause Henry Goodyer and Richard Louder were called into question In the meane while Rosse did not pretermit any part or dutie of a most faithfull subiect to the Queene of Scotland towards the Emperour the Pope the French King and the Catholike Princes of Germanie who euery one gaue good words and hopes but yet performed nothing And also the Duke of Alba in whom he put his greatest trust did at this time depart out of the Low-Countries to his great griefe Anno 1574. HEnry the third of that name King of France and his mother did all that they could by secret deuices to get the young King of Scotland into France and to get Mourton out of his office of Regent sending secretly Scots out of the French Guard for this purpose into Scotland which thing the Queene of Scotland desired much being perswaded that if her sonne were in France out of danger that shee and the Papists in England should be dealt withall more mildly For hereupon she thought it would come to passe that the faction in Scotland hitherto countenanced by the authoritie of the Kings name would decay and come to nothing and that the English men would feare him more and more as hee grew vp in yeeres as well from France as out of Scotland And as much did the French men wish the same secretly fearing lest the Regent of Scotland depending wholly on the English should dissolue the ancient league betweene the Scots and the French Yet when the Regent earnestly requested that a league of mutuall defence betweene England and Scotland might bee made hee was not heard perhaps for that he requested withall that an annuall pension might bee assigned vnto him and vnto certaine other Scots But they were heard who with a small suspicion touched the Queene of Scotland the Countesse and Earle also of Shrewsburie as though they had wrought a mariage betweene Charles Vncle vnto the King of Scotland vnto whom the King had lately in the Parlament confirmed the Earledome of Lennox and Elizabeth Candish daughter to the Countesse of Shrewsburie by her former husband without the Queenes knowledge For which cause the mothers of both them and others were kept in prison and all the fault was laid vpon the Queene of Scotland And when sundry suspicions grew of the intent and purpose of this mariage Henry Earle of Huntingdon was made Lord President of the Councell in the North with new and secret instructions concerning this matter Anno 1575. THis yeere died in Scotland the most Noble Lord Iames Hamilton Duke of Chasteauleroy and Earle of Arran who was the Grand-childes sonne of Iames the second King of Scotland by his daughter the Tutor of Queene MARIE of Scotland and Gouernour of the Kingdome and heire designed while she was in her minoritie At such time as he had deliuered her vnto the French men hee was made Duke of Chasteauleroy in France then chiefe of the three Gouernours of Scotland appointed by MARIE in her captiuitie Whose cause while he defended most constantly he being a plaine and well-meaning man was vexed with all manner of politike and craftie deuices by turbulent and vnquiet minded people Anno 1577. DOn Iohn d'Austria had made a perpetuall edict at Gaunt to giue satisfaction to the Estates of the Netherlands for their aggrieuances which the Prince of Orange vtterly condemning opportunely heard that Don Iohn intended to marrie the Queene of Scotland on which he willingly laid hold and forthwith certified Queene ELIZABETH thereof by Famier thereby to withdraw her minde from peace yet she as one ignorant thereof by Daniel Rogers shewed her gladnesse of the perpetuall edict of peace though now she had certaine knowledge that Don Iohn by the perswasion of the Earle of Westmerland and the English fugitiues and forward fauour of the Pope and the Guises had in hope swallowed that mariage and withall the Kingdomes of England and Scotland and had already appointed to surprize the I le of Man in the Irish Sea as a fit place to inuade England out of Ireland and the West borders of Scotland wherein the Queene of Scotland had many assured friends as also in the opposite side of England North-wales Cumberland Lancashire and Cheshire where most of the inhabitants were earnest Papists But indeed Don Iohn as wee haue learned of Perez Secretarie to the King of Spaine before now ambitiously minded when hee had lost the hope of the Kingdome of Tunise had dealt couertly with the Pope about the expulsion of Queene ELIZABETH the marrying of the Queene of Scotland and the conquest of England and vnknowne to Philip had preuailed so farre that the Pope as out of the care of the common good moued Philip to make warre against England and Don Iohn himselfe being to depart into the Low-Countries had prosecuted it earnestly in Spaine and afterwards by
serious consultation among the Councell of England and most of them were content that shee should bee deliuered vpon these conditions To wit 1 That she and her sonne should promise to practise nothing hurtfull to Queene ELIZABETH and the Realme of England 2 That she should voluntarily confesse that whatsoeuer was done by Francis the second the French King her husband against Queene ELIZABETH was done against her will and that shee should vtterly disallow the same as vniust by confirming the treatie of Edenburgh 3 That shee should condemne all the practises euer since that time and ingenuously renounce them 4 She should binde her selfe not to practise any thing directly or indirectly against the gouernment of the Realme of England in Ecclesiasticall or Ciuill affaires but by all manner of meanes oppose her selfe and resist such practisers as publike enemies 5 That shee shall challenge or claime no right vnto her selfe in the Kingdome of England during the life of Queene ELIZABETH and that afterward shee will submit her right of succession vnto the Estates of England 6 And to the end shee may not hereafter vse any cauill and say That she condescended to these conditions being a prisoner and by coaction shee her selfe should not onely sweare vnto them but also procure the Estates of Scotland to confirme them by publike authoritie 7 The King himselfe also should ratifie them by oath and by writing 8 And that hostages should be giuen As for the consociation with her sonne in the administration of affaires it was thought fit that the Queene of England should not interpose her selfe but this they referred to the King of Scotland himselfe and the Estates of Scotland But if they were ioined together that they should talke about the league with them iointly if not by themselues These things were consulted of but with no successe For the Scots of the English faction vtterly reiected them crying amaine that many Scots deadly enemies to the English Nation were called out of France by the counsell of the Queene of Scotland And that Holt an English Iesuit was sent secretly into Scotland to take order for the inuading of England The French Embassadours which went into Scotland not obtaining that they came for departed whereupon the Noblemen that had surprized the King grew haughtie in minde as also for that Lennox died at that time which putting them into securitie the King contrary to their expectation disdaining to be vnder the gouernment of three Earles recouered his libertie went to the Castle of Saint Andrewes and with good words willed many of the surprizers to depart from the Court to auoid any stirre and promised them pardon if they would aske it within a certaine time which thing Gowry onely did and called Arran backe to the Court but they were so farre off from doing of that as they secretly practised to take him suddenly againe Hereupon they were commanded to depart out of the Realme by a day appointed Marre Glamis the Commendators of Dryburg and Paslet and others went into Ireland Boyd Zester-Weim Locheluin went into the Low-Countries and Dunfermellin went into France Angus was confined into Angus onely Gowry hauing a new plot in his head tarried after the time prefixed to his owne destruction And then the King to shew himselfe a Prince began to exercise his Regall authoritie And whereas these Conspirators in an assembly called by their owne priuate authoritie had enacted and recorded That this surprize of the King was iust he on the contrary part declared in a great assembly of the Estates that the same was traiterous Although the Ministers as if they were the supreme Iudges in the Realme in a Synod called by their owne authoritie pronounced the same to bee iust and iudged all them that did not approue and allow the same worthy to be excommunicate Anno 1584. IN the beginning of the Spring some of the Scots returned out of Ireland vpon a pact made betweene them and Gowry who had conspired anew with diuers to take the King againe professing that they set before their eies nothing else but the glory of God the truth of Religion the securitie of the King and Realme and the amitie with England against them who by sinister meanes as they gaue out abused the King not yet come vnto sufficient age But the King hearing hereof sent Colonell Stewart to apprehend Gowry who lay at the Hauen of Dondee as if hee had beene going out of the land who after hee had defended himselfe an houre or two in his house was taken and carried away vnto prison In the meane time the other Conspirators tooke Sterling by sudden surprize and the Castle was yeelded vnto them yet by and by they leaue them both because the King displaied his banners as ready to fight not so many met as Gowry had promised and their hope of English helpe failed them and so for feare Marre Glamis and Angus who was come to them and others fled into England humbly beseeching the Queene to releeue their necessities and to intreat the King for them Forasmuch as they had lost all their goods and the Kings fauour for shewing their loue to her and England vnto whom shee thought good to shew some fauour that they might bee opposed against the contrary faction in Scotland and the rather for that the Ministers bruted that the King was vpon the point to fall from his Religion vpon no other ground though they fained other matters but for that hee vpon a fiâ—all loue inclined to his mother and receiued into his especiall fauour and grace those whom he knew to bee most addicted vnto his mother In the meane time Gowry was arraigned before his Peeres at Sterling vpon these points That he intended and began a new conspiracie against the King whom he had also kept prisoner in his house beforetime That he conferred by night with the seruants of Angus to seize vpon Perth and Sterling That he had resisted the Kings authoritie at Dondee had conceiued a conspiracie against the life of the King and his mother Lastly that he had asked counsell of Maclena the Witch and being found guiltie by his Peeres he was in the euening beheaded but his seruants sowing the head vnto the body buried it incontinently About the same time were some practises in England but with no successe in the behalfe of the Q of Scotland of which the chiefest was Francis Throgmorton eldest sonne to Iohn Throgmorton Iustice of Chester who fell into suspicion out of his letters vnto the Queene of Scotland which were intercepted As sonne as hee was taken and began to confesse some things Thomas Lord Paget and Charles Arundel a Courtier fled out of the land into France who with other Papists lamenting their estate among themselues complained that the Queene by the wicked and craftie dealings of Leicester and Walsingham was estranged from them That they were abused with contumelies and reproaches That strange kinds of subtiltie were inuen ted against them
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
VINCVLA CRESCO Another was a Palme tree much laden but rising againe with these words PONDERIBVS VIRTVS INNATA RESISTIT Also an Anagram VERITAS ARMATA out of her name MARIA STEVARTA the letters being transposed which was taken in the worse part Moreouer there were letters shewne as if they had beene intercepted in the which the friends of the Queene complained that all their hope was quite cut off if she was but put into the custodie of the Puritans Vnder this colour she was taken from Shrewsbury and committed to the custody of Amias Paulet and Drewgh Drury and that of purpose as some thinke that being driuen into desperation she might be more apt to take abrupt counsels and more easie to be intrapped For Sbrewsbury in all that fifteene yeeres had so prouidently kept her that there was no place left of plots from her or against her And now also she dealt more earnestly with the Pope and the King of Spaine by Francis Inglefield to hasten that which was begun and that with all expedition whatsoeuer became of her And Leicester who was thought to study how to deceiue the right owner of the succession secretly sent ruffians as many said to murther her But Drury an honest minded and vpright man detested the wickednesse from his heart and suffered them not to haue any accesse vnto her Yet some spies secretly crept in and there were closely sent as well counterfeit as true letters by which her womanish weaknesse might be thrust forward to her destruction as we will say hereafter And to turne quite away the loue of Queene ELIZABETH from her it was whispered in her eares that Allan for the Catholikes Ecclesiasticks of England and Inglefield for the Laicks and the Bishop of Rosse for the Queene of Scotland with common consent and with the consent of the Pope and the King of Spaine had decreed that Queene ELIZABETH was to be deposed from her Crowne and the King of Scotland was to be disinherited of the kingdome of England as manifest and open Heretiques the Queene of Scotland to be maried to some Catholike Nobleman of England he to be chosen King of England by the English Catholikes and the election to bee confirmed by the Pope The lawfull children of this man by the Queene of Scotland to be declared successors in the kingdome And all these things vpon the credit of Hart a Priest But who this Englishman should be Walsingham made diligent inquiry but he found not who he was But the suspicion fell vpon Henry Howard brother to the D. of Norfolke who was of the chiefe Nobility a single man and an earnest Roman Catholike and amongst them of great reputation and account Anno 1585. IN the beginning of this yeare was a Parliament holden at Westminster where the aforenamed Association was confirmed by the common consent of both the houses And it was enacted that foure and twenty or more of the Priuy Counsell and Nobility of the land chosen by the Queenes letters Patents might inquire of them who shall inuade the Realme raise rebellion or attempt to hurt or kill the Queenes person for any whosoeuer or by them whosoeuer who may challenge right vnto the crowne of England But he for whom or by whom they shall attempt shall bee made vtterly vncapable of the Crowne of England and shall be vtterly depriued of all right thereunto and shall be pursued euen vnto death by all the subiects if he shall be iudged and publikely declared by those foure and twenty men to be priuy to such an Inâ—asion rebellion or hurt There were also acts made against Priests and Iesuits to this effect That they should depart out of the Realme within X L. daies That for them who from thenceforth came into the Realme and staied it should be treason That they who knowing them to be such doe reâ—eeue receiue or helpe them should be fellons so they call all capitall offences vnder treason That they who are brought vp in the Seminaries if within six moneths after proclamation made they doe not returne and doe not make submission vnto the Queene before the Bishop or two Iustices of peace shall be guilty of treason But they who shall submit themselues if within ten yeeres they come vnto the Court or neerer it than ten miles their submission shall be void They whosoeuer shall send any money by any manner of meanes vnto the Students in the Seminaries shall incurre a Praemunire that is perpetuall imprisonment and losse of all their goods If any of the Peeres of the land that is to say Dukes Marquesses Earles Barons Lords of the Parliament shall offend against these lawes he shall be tried by his Peeres They who shall know any such Iesuits and others to lie hid in the Realme and shall not discouer them within twelue daies shall be fined at the Queenes pleasure and put into prison If any man be suspected to be a Iesuite or Priest and doe not submit himselfe vnto examination for his contempt he shall be imprisoned vntill he doe submit himselfe He that shall send his children or any others vnto the Seminaries and Colleges of the Roman profession shall lose and forfeit a hundred pounds of English money And they who are sent shall not succeed in their heritages nor enioy the goods that may fall vnto them by any manner of meanes And so shall they also who within a yeare after they returne home from the Seminaries except they doe conforme themselues vnto the Church of England If the keepers of hauens permit others beside Sailers Mariners and Merchants to passe ouer the sea without the Queenes licence or six of her Counsellors shall lose their places and the Masters of the ship who shall carry them oâ—t shall lose and forfeit their ships and goods and be imprisoned a whole yeere With the seuerity of these lawes the Roman Catholikes in England were very much terrified and amongst them Philip Howard Earle of Arundell eldest sonne vnto the Duke of Norfolke insomuch that he determined to depart out of the Land lest he should offend against them This man by the benignitie of the Queene was restored in bloud three yeeres before this time a little after he fell out of the Queenes fauor grace by the secret insimulation of some great Courtiers had secretly reconciled himselfe vnto the Romane religion and vsed a very austere life Hereupon he was once or twice called before the Counsell and cleared himselfe of the obiections laid to his charge but yet he was commanded to keepe his house After six moneths more or lesse he was discharged and came to the Parlament yet the first day when the Sermon was preached he stole couertly out of the company The Parlament being ended as being resolued to depart away out of the Land in his letters written vnto the Queene which yet he commanded to be deliuered after he was gone ouer he made a long and lamentable complaint of the enuie of his mighty aduersaries
vnto which he was forced to yeeld forasmuch as they triumphed ouer his innocencie he repeateth the vnfortunate deaths of his Ancestors that is to say of his great grandfather who was condemned and neuer called to triall of his grandfather who was beheaded for trifling matters and of his Father who as he affirmed was circumuented by his enemies and who neuer carried any euill minde toward his Prince or Countrey But that he lest he should runne into the same hard fortune his father had forsooke his country that he might spend his time in the seruice of God and in the works tending to the saluation of his soule but not his loyalty and fidelity toward his Prince Before these letters were deliuered he went into Sussex and being ready to take ship in an obscure creeke was taken and apprehended by the treachery of his seruants and discouery of the master of the ship and committed vnto the Tower of London At that time there was prisoner in the same place Henry Percy Earle of Northumberland a man of a liuely spirit and couâ—age brother of Thomas beheaded at Yorke suspected to be priuy vnto the plot of Throgmorton the Lord Paget and the Guises for the inuading of England and deliuering of the Queene of Scotland vnto whom alwaies he had borne a great loue and affection In the moneth of Iune he was found dead in his bed shot thorow with three bullets about the left pappe the doores being bolted on the inside The Crowners quests according to the custome taken out of the next neighbours and sworne by the Crowner viewing the body considering the place hauing found the pistoll with the gunpowder in the chamber his man who bought the Pistall and the seller thereof being examined gaue their verdict that the Earle did murther himselfe The third day after the Noblemen of the Realme came in great number and met in the Starre chamber where Thomas Bromly Lord Chauncellor of England succinctly declared that the Earle had plotted and deuised treason against his Queene and Countrey which being now to come vnto light and to be discouered vpon the guiltinesse of his conscience had murdered himselfe But that the multitude and common people who alwaies conster things to the worst might be satisfied he commanded the Kings Atturney and the Kings Counsell at law to deliuer and explaine at large the causes why the Earle was kept and detained in prison and the manner of his death Hereupon Popham the Queenes Atturney Generall beginning at the rebellion in the North sheweth out of the Records That he was arraigaed for this Rebellion and for purposing to deliuer the Queene of Scotland did then acknowledge his fault and submitted himselfe vnto the mercy of the Queene and that he was fined at fiue thousand marks as I haue said before and that the Queene such was her clemency tooke not a penny but remitted the same and that after the execution of his brother for the same fault she confirmed him in the honour of Earle of Northumberland That he neuerthelesse entred into new practises to deliuer the Queene of Scotland to conquer England and to kill the Queene and to destroy Religion That Mendoza the Spanish Embassador had signified vnto Throgmorton that Charles Paget vnder the name of Mope had talked with him of these things secretly in Suffex That the Lord Paget had insinuated the same things almost vnto Throgmorton and that the same things were euident and apparant by the papers of Câ—â—eycton the Scottish Iesuite and that Charles Paget had told these things vnto William Shelley when he returned out of France Then Egerton the Queenes Solliciter argued wittâ—ly out of the circumstances and the great care taken of concealing it that the Earle was guilty of and priuy to these things that is to say For that the Earle since that none in England could charge him with these things but the Lord Paget who was very familiar with Throgmorton a few daies after the taking and apprehension of Throgmorton made a ship ready for Paget by Shelley in which he passed ouer into France When Throgmorton began to confesse some things hee departed from London and went out of the way vnto Petworth and signified vnto Shelley whom he had sent for vnto him that he was fallen into great danger of his life and of his estate and requested him to conceale the businesse and to send away them who were acquainted with the departure of the Lord Paget and with the comming of Charles Paget which was done forthwith And he himselfe sent a good way off the man whom hee had vsed about Charles Paget Moreouer the Sollicitor said that he being now in prison dealt oftentimes with Shelley by the Keepers whom he corrupted to know what things and of what nature hee had confessed After that Shelley by a poore woman a secret messenger betweene them had certified him that he could not conceale matters any longer that their condition and estate were not like that he should be put on the racke but that the Earle could not in respect of his place and degree and had written those things which he had confessed the Earle fighed grieuously and sometimes said as Panton who waited on him in his chamber confessed that by the confession of Shelley he was vtterly vndone Then the manner and reason of his death is declared out of the testimony of the Enquest of the Lieutenant of the Tower of some of the Warders and of Panton and thereupon it was gathered that he for feare left his house and family should be vtterly destroied and a blemish and blot imposed thereon had laid his owne violent hands vpon himselfe Truly many honest men as well for that they fauour Nobility as also for that he was holden and reputed a man of very great valour were heartily sorry that such a man came to such a lamentable and wretched death What things the suspecting fugitiues talked in corners of one Balliue one of Hattons men who a little before was made Keeper vnto the Earle I omit as a thing of small credit neither meane I to set downe any thing out of idle reports Anno 1586. IN this yeare Philip Earle of Arundell who had laine now a whole yeare in prison was accused in the Starre Chamber That he had releeued Priests against the lawes that he had had commerce of letters with Allan and Persons the Iesuite enemies of the Queene and that he had derogated in writing from the Iustice of the Land and imagined to depart out of the land without licence Hee proâ—essing his dutie and seruice vnto the Queene and his loue and good will vnto his countrey excused himselfe with great modesty by the loue he had to the Catholike Religion and by his ignorance of the lawes and submitted himselfe vnto the censure and iudgement of the Lords who fined him at tenne thousand pounds and to be imprisoned during the Queenes pleasure In the moneth of Iuly a most pernicious Conspiracie against
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
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