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
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
by the superfluous priuilege of a Royall Estate which can be now of no vse make your appearance for a triall shew your innocency lest by searching of euasions you draw vpon your selfe suspicion and purchase a perpetuall blemish of your reputation I doe not refuse said she to answer in a full Parlament before the Estates of the kingdome lawfully called so that I may be declared next in succession Yea and before the Queene and her Counsellors so that my protestation may be admitted and I may bee acknowledged the next kinswoman of the Queene In plaine termes I will not submit my selfe vnto the iudgement of mine aduersaries by whom I know all the defence I can make of mine innocency will not be allowed and receiued The Chancellor asked her if she would answer if her protestation were admitted She answered I will neuer submit me to the new law mâ—ntioned in the letters Patents Hereupon the Treasurer 〈…〉 Yet we will proceed to morrow though you be absent and continue obstinate in the cause She said Search and examine your consciences haue regard to your honour God will requite you and your heires for your iudgement vpon me On the next day being the fourteenth day of October she sent for some of the Commissioners and requested that the protestation might bee admitted and allowed The Treasurer asked her whether shee would come to triall if the protostation were onely receiued and put into writing without allowance At length she condescended yet with an euill will lest shee as she said might seeme to derogate from her predecessors or successors but that shee was much desirous to cleare the crime obiected being perswaded by the reasons of Hatton which she had better thought on Forthwith met and assembled in the Chamber of presence the Commissioners that were present There was a chaire of Estate set vnder a Canopy in the vpper part of the Chamber for the Queene of England Against it lower and further off neere vnto the railes a Chaire for the Queene of Scotland hard to the walls on both sides benches or formes on the which on the one side sate the Chancellor of England the Treasurer of England the Earles of Oxford Kent Darby Worcester Rutland Cumberland Warwicke Penbroke Lincolne and Vicount Mountacute On the other side the Lords Aburgeuenny Zouch Morley Stafford Grey Lumley Sturton Sandes Wentworth Mordant Saint Iohn of Bletso Compton and Cheiney Next to them sate the Knights of the Priuy Counsell as Iames Croft Christopher Hatton Francis Walsingham Ralph Sadleir Walter Mildmay and Amias Powlet Forward before the Earles sate the two chiefe Iustices and the chiefe Baron of the Exchequer on the other side two Barons and other Iustices Dale and Ford Doctors of the Ciuill law at a little table in the middle sate Popham the Queenes Atturny Egerton the Sollicitor Gaudie the Queenes Serieant at law the Clarke of the Crowne and two Clarkes When she was come and had set her selfe in her seat silence being made Bromly the Chancellor turning to her made a short speech to this purpose The most high and mighty Queene of England being certified to her great griefe and anguish of minde that you haue plotted both the destruction of her and of England and also of Religion according to the duty due vnto God her selfe and people in the which lest she should faile and out of no malice of minde hath appointed these Commissioners who may heare what things are obiected against you and how you can cleare your selfe from the crimes laid against you and shew your innocency She arising vp said that she came into England to seeke and request aid which was promised her neuerthelesse that shee was deteined in prison euer since that time Shee protested that she was not subiect to the Queene but was a free and absolute Queene neither was to be forced or compelled to be brought in or tried before the Commissioners or any other Iudge for any cause whatsoeuer but only God alone the Soueraigne Iudge of all lest that she should doe wrong and iniury vnto her owne Royall Maiesty her Sonne the King of Scotland her Successors or any other absolute Princes But now she was there in person to refell the crimes obiected against her And she requested her friends or seruants to witnesse these things The Chancellor not acknowledging that helpe was promised answered That this protestation was to no purpose for that whosoeuer of whatsoeuer ranke or estate he were in England did offend against the lawes of England may be made subiect to the same and may be examined and iudged by the late new law And that therefore that protestation made to the preiudice of the lawes and of the Queene of England was not to be admitted Yet the Commissioners commanded as well her protestation as the answer of the Chancellor to be recorded Then the letters Patents which as I haue often said were founded vpon the Act of Parlament being read aloud she with a great courage made a protestation against that Act as made directly and purposely against her and in this matter put it to their conscience And when the Treasurer answered that euery man in this Realme was bound to the obseruation of the lawes though neuer so lately made and that shee might not speake in disgrace of the lawes and that the Commissioners would iudge by vertue of that law whatsoeuer protestations or appellations she made At length she said shee was ready and prepared to answer of any act whatsoeuer done against the Queene of England Then Gawdy expounded and made plaine the Act in euery point and affirmed that shee had offended against the same and then he made an Historicall Narration of Babingtons conspiracy and concluded that she knew of it allowed it promised helpe and shewed the waies and the meanes She with an vndanted courage answered that she knew not Babington neuer receiued letters from him nor neuer wrote vnto him neuer plotted the destruction of the Queene And that to proue it effectually the subscription vnder her owne hand was to be produced She neuer heard so much as any man speake it that she knew not Ballard neuer maintained him but that shee had heard that the Catholikes were much agrieued with many things and that she certified the Queene therewith in her letters and had earnestly desired her to haue pitty of them And that many vtterly to her vnknowne had offered their seruice vnto her yet that she neuer moued any to any wickednesse and that she being shut vp in prison could neither know nor hinder the things which they attempted Vpon this out of the confession of Babington shee was vrged that there passed an entercourse of letters betweene her and Babington She acknowledged that she had speech with many by letters neuerthelesse it could not be gathered thereby that shee knew of all their naughty practises She requested that a subscription with her owne hand might be produced and she asked who could haue harme by it
was cut off at two blowes The Deane saying aloud So let the enemies of Queene ELIZABETH perish the Earle of Kent saying the same and the multititude sighing and grieuing thereat Her bodie was embawmed and was after buried like a Prince in the Cathedrall Church of Peterburgh And her funerals were kept most magnificently at Paris at the charges of the Guises who performed all the best offices of kindred for their Cousin both aliue and dead to their great commendation In this lamentable manner ended her life MARIE Queene of Scotland the great grand-daughter of Henry the seuenth by his eldest daughter in the XLVI yeere of her age and the XVIII yeere of her captiuitie A woman most constant in her Religion adorned with a wonderfull pietie toward God wisdome aboue her sex and was also very faire and beautifull And is to be accounted one of those Princes whose felicitie was changed into aduersitie In her infancie shee was with strife desired for wife by King Henry the eighth of England for his sonne Edward and by Henry the second King of France for Francis the Dolphin At the age of fiue yeeres she was carried into France and at the age of fifteene yeeres married vnto the Dolphin Shee flourished and was Queene of France one yeere and foure moneths Her husband being dead she returned into Scotland and was maried againe vnto Henry Stuart Lord Darley and had by him IAMES the first Monarch of Great Britaine Tossed and turmoiled by Murrey her bastard brother and other her vngrate and ambitious subiects deposed from her Kingdome and driuen to flie into England and circumuented and entrapped as men speaking indifferently thinke by sundry English-men carefull of the conseruation of their Religion and of the safetie of Queene ELIZABETH and thrust forward by others desiring much to restore the Roman Religion and oppressed by the testimonies of her Secretaries who were absent and as it seemed corrupted with rewards Neere to the graue an Epitaph in the Latine tongue was affixed and forthwith taken away MARIA SCOTORVM REGINA REGIS FILIA REGIS GALLORVM VIDVA REGINAE ANGLIAE AGNATA ET HAERES PROXIMA VIRTVTIBVS REGIIS ET ANIMO REGIO ORNATA IVRE REGIO FRVSTRA SAEPIVS IMPLORATO BARBARA ET TYRANNICA CRVDELITATE ORNAMENTVM NOSTRI SECVLI ET LVMEN VERE REGIVM EXTINGVITVR EODEMQVE NEFARIO IVDICIO ET MARIA SCOTORVM REGINA MORTE NATVRALI ET OMNES SVPERSTITES REGES PLEBEII FACTI MORTE GIVILI MVLCTANTVR NOVVM ET INAVDITVM TVMVLI GENVS IN QVO CVM VIVIS MORTVI INCLVDVNTVR HIC EXTAT CVM SACRIS ENIM DIVAE MARIAE CINERIBVS OMNIVM REGVM ATQVE PRINCIPVM VIOLATAM ATQVE PROSTRATAM MAIESTATEM HIC IACERE SCITO ET QVIA TACITVM REGALE SATIS SVPERQVE REGES SVI OFFICII MONET PLVRA NON ADDO VIATOR Which may be Englished thus MARY Queene of Scotland daughter of a King widow of the King of France kinswoman and next heire to the Queene of England adorned with Royall Vertues and a princely spirit hauing often but in vaine implored the right of a Prince the ornament of our age and the true princely light is extinguished by a barbarous and tyrannical crueltie And by the same wicked iudgement both MARY Queen of Scotland is punished with a naturall death and all Kings liuing are made common persons and punished and made liable vnto a ciuill death A strange and vnheard kinde of grant is here extant in which the liuing are included with the dead for with the ashes of this blessed MARY know thou that the Maiestie of all Kings and Princes lye here depressed and violated and because the Regall secret doth sufficiently admonish Kings of their dutie O Traueller I say no more Out of this lamentable fortune of so great a Prince the disposition of the diuine prouidence most euidently appeared as some wise men haue obserued For those things which the Queenes ELIZABETH and MARY chiefly wished and studied to procure by this meanes came to passe Queene MARY which also shee said at her death desired nothing more earnestly than that the diuided Kingdomes of England and Scotland might be vnited in the person of her deare sonne And the other wished for nothing more than that the Religion by her established in England might be kept and conserued with the safetie and securitie of the people And that almightie God did heare their praiers England to her vnexpected felicitie doth now see and with great ioy acknowledge As soone as word was brought to Queene ELIZABETH that the Queene of Scotland was put to death shee not thinking thereof she heard it with great indignation shee looked heauily and could not speake a word and readie to swound for sorrow in so much that she put on mourning apparell and grieued exceedingly and lamented very much Shee caused her Counsellors being reproued and forbidden her presence to be examined and commanded Dauison to be brought into the Star-Chamber And as soone as her dolour would permit her she in great haste wrote this letter following vnto the King of Scotland with her owne hand and sent it by Mr. Robert Cary one of the Lord of Hunsdons sonnes Deare brother I would to God you did know but not feele with what incomparable griefe my minde is tormented and vexed by reason of the lamentable euent which hath befallen contrary to my minde and will which you shall vnderstand fully by my Cousin for as much as I cannot abide and endure to set it downe by writing I beseech you that as God and many others can beare witnesse vnto my innocencie in this matter so I desire you to beleeue that if I had commanded it I would neuer haue denied the same I am not of that base minde that for any terrour I should feare to doe that which is iust or to deny it being done I doe not so degenerate from my Ancestors nor am I of such an ignoble minde But as it is not the part of a Prince to couer and cloake the sense of his minde with words so will I neuer dissemble nor glose mine actions but I will performe that they shall come to light and appeare to the world in their colours I would haue you be assuredly perswaded that as I know that this was done vpon desert so if I had imagined it I would not haue put it ouer vpon any other neither yet wil I impute that to my selfe which I did not so much as thinke He who shall deliuer you these Letters shall acquaint and impart other things vnto you As for me I would haue you to beleeue that there is none other who loueth you better and beareth better affection to you or that will haue a more friendly care of you and your affaires If any one suggesteth or putteth other things into your head I would haue you to think that he beareth more good will and affection to others than to you God Almightie keepe you in health and preserue you alwaies In the meane time that Mr. Cary